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Home My WebLink About1.0 ApplicationBEATIIE, CHADWICK & HOUPT, LLP STEVEN M. BEATTIE GLENN D. CHADWICK JEFFERSON V. HOUPT JULIES. HANSON Glenn Hartmann ATTORNEYS AND COUNSELORS AT LAW 932 COOPER AVENUE GLENWOOD SPRINGS , CO 81601 July 31 , 2014 Garfield County Community Development 108 8th Street , #401 Glenwood Springs , CO 81601 Re : 7W Guest Ranch Minor Subdivision Application Dear Glenn : TELEPHONE: 970·945·8659 FAX: 970-945-8671 JHANSON@BCH-LA W.COM Attached are the following application submittal documents on behalf of 7W Guest Ranch , LLC (three hard copies and one cd): 1. Application Form -Minor Subdivision 2. Payment 3 . Pre-Application Conference Summary 4 . Letter of Authorization authorizing Brian Widhalm and Julie S . Hanson to act on behalf of 7W Guest Ranch, LLC. 5 . Proof of Ownership 6. Adjacent Neighbors and Mineral Rights Owners 7 . Draft Plat 8. Vicinity Map 9 . Letter from Dan Dennison of High Country Engineering discussing provisions of Article VII and requests for waivers . 10 . Colorado Geological Survey Submittal Form for Land Use Reviews 11 . Well Permit The purpose of this application for minor subdivision is to separate a small 3.0 acre parcel from the larger 220 (approx .) acre total property that is currently being used as a Guest Ranch pursuant to a Special Use Permit recorded May 11, 2004 as Reception No . 651982 . 7W Guest Ranch , LLC intends to convey the smaller parcel to Brian Widhalm, its ranch manager, and Mr. Widhalm intends to construct a single family home on the smaller parcel. The use of the larger parcel will remain the same. Please let me know if you have any questions or need additional information. Very truly yours , Julie S . Hanson Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 {970} 945-8212 www.garfield-countv.com DIVISIONS OF LAND APPLICATION FORM : TYPEOF SUBDIVISION/EXEMPTION . . . -. --·----------:~ 1· ·--0--·i\.11~~;·5-ubcii~1~·1~·;:;· --··---··-·-····---··-·---.. ··-·--; ..... -··---··r·-·'15--·p·~~11;:;:;i·;:;·~~;·-F>i·~;:;-p:~~-;:;ci~~;:;1: ·-------······ ... --1 ~. ----· --··-·------·---, -----·-------·---------·--·----·-·----·--, ; Major Subdivision ' D Final Plat Amendment Phone: ( 970 ) 524-9328 i Name: 7W Guest Ranch, LLC ·, Mailing Address: P · 0 · Box 5259 ---------------.,,-------------~ City: Eagle State: CO Zip Code: _8_1_6_3_1 _____ _ E-mail: ______________________________ _ Representative (Authorization Required) Name: Brian Widhalm Mailing Address: 1121 Sweetwater Rd City: Gypsum E-mail: BrianW@Amwarelogistics.com PROJECT NAME AND LOCATION : Project Name: i 7wGuest Ranch Minor Subdivision Phone: ( 970 ) 524-8007 State: CO Zip Code: 81637 -------- \Assessor's Parcel Number: _1 _ _§__Ll__ -~_§__1 _-JL._Q_-_1 __ 1_.§___ i Physical/Street Address: 1121 Sweetwater Rd., Gypsum, CO 81637 Legal Description: Section: 28 Township: 3 Range: 87 A PARCEL OF LAND SITUATED IN THE NE1/4 SEC. 28 AND S1/2S1/2SE1/4 SEC. 21 & SOME IN SE1/4NW1/4SW1/4 SEC. 22 I Zone District: _R ___ ,.--_________ Property Size (acres): 220 acres approx Existing Use: _G_u_es_t_Ra_n_ch ________________________________ _ Proposed Use (From Use Table 3-403): Guest Ranch use to remain the same. A single family home is proposed on the new lot. Description of Project: 7W Guest Ranch operates a guest ranch on approximately 215 acres. Brian Widhalm has been the ranch manager for several years. 7W Guest Ranch proposes subdividing the parcel into two lots -Lot 1 will be approximately 215 acres and Lot 2 will be approximately 3 acres. 7W Guest Ranch intends to convey Lot 2 to Brian Widhalm on which .he intend to construct a single family home. • Proposed Development Area : :------·--·----------···---.-,------··-·-----------,·--·--------·----·--1---·-·----·----·---------,----·------·------------~ : Land Use Type i #of Lots ! # of Units ,• Acreage : Parking ! :-----·-··--········-·····---·--·-·-·····--·--.. --.......... _ ................ 1······-·····--·------·---····--·---·-····-··------·-·····r·----·-·------------·-------···---···-···--·-·---·-··-···---------··----·-·-·-·-----·---·-----·-·---·-·-··-·····1····--···-···---·--·-·······-··--·-········---·-----------·······1 ! Single Family 1 \ 1 I 3.0 approx ! i c~~~-µ1e;·~-----~=:::=:_-----·-1=:~==-:~~-=r=~~~==:-=.=:~==~-~-~~==c-------··------==~:~=~-~~ ! Multi-Family ! ! ! I 1 ~----------------r--------------"_--·-·--------------· ------------·i----·-----·-·----·-------, I Commercial i J ! i ' I · I : Industrial ! j 1 ' J 1---------·--··----·--.. ·---·--,----·--·----·---1--------------··--...·-·--r---....... ----·· .. ·~----~···-f·---··--·--·-·--·-·--·-·-; [ Open Space · 1 ; i · ~!!_e.!"_ ______________ J _____ 1 ___ J_:~~~~~-J___ 215 approx __ J _____________ .! l_rot_~!_ ___________________ l_ ___________ L_ ___________ i ____________________________ L _________________ . ________ _! [~"E:Ciues-r··FOR.WAJVERS·------------------------------··-------·--------------·--·--·---------·-==-==] i Submission Requirements 1 / El The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Please see attached letter from HCE Section:---------------- Section: Section:---------------- Waiver of Standards D The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: ______________ ~Section: _______________ ~ Section: Section:---------------- I have read the statements above and have provided the required attached information which is ~~k= Signature of Property Owner Date OFFICIAL USE ONl Y File Number: _______ _ Fee Paid:$ ____________ _ GARFIELD COUNTY Community Development Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com PRE-APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 1863-281-00-118 DATE: September 23, 2013 PROJECT: 7W Guest Ranch Minor Subdivision OWNER: 7W Guest Ranch LLC REPRESENTATIVE: Julie Hanson, Beattie Chadwick & Houpt LLP PRACTICAL LOCATION: Located at 3412 County Road 151, approximately 17 miles north of Dotsero/lnterstate 70, in Sections 21, 22 and 28, T3S, R87W. TYPE OF APPLICATION: Minor Subdivision ZONING: Rural (R) I. GENERAL PROJECT DESCRIPTION The Applicant is requesting creation of one new lot out of an existing 218 acre ranch property. The proposed lot is anticipated to be approximately 5 acres in size. It will be served by an existing well and a proposed individual septic system. Access will be from an existing driveway off of County Road 151. The Preapplication discussion including information on the County's Roadway Standards and the potential need for the Applicant to request a waiver from said standards. Other standards and procedures including water quality testing and review by the Colorado Geological Survey were discussed. Outlined below is a summary including some additional code requirements. a. Legal and physical supply of domestic water for each of the proposed lots (well permits, well pump tests and water quality testing). The timing for documentation may vary with potential requests for waivers and conditions of approval. b. Information on soil suitability for Individual Septic Systems. c. Information on access and driveway easements (size, grade, surfacing, and legal documentation). d. Infrastructure including electricity to serve the lots. e. Identification of any natural hazards or geological constraints. f. Allotment of irrigation water rights if any. g. Referral to the Colorado Geological Survey is typically required and includes some additional review expense. h. Calculation and payment of school land dedication fees. i. Timing and calculation of traffic impact fees. j. Minor Subdivision Plat including the process for finalizing and recording the plat. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS The following Sections of the Garfield County Land Use and Development Code as amended apply: > Section 5-301 Minor Subdivision Review > Table 5-103 Common Review Procedures and Required Notice > Table 5-401 Submittal Requirements > Section 5-402 Description of submittal Requirements including Final Plat Map Requirements > Section 4-101 and 4-103 General Review Procedures and Administrative Review > Provisions of Article VII, Divisions 1, 2, and 3 as deemed applicable including adequate provision of water and sewer, drainage, natural and geological hazards, protection of water quality, etc. Ill. ADDITIONAL APPLICATION MATERIALS As a convenience outlined below is a list of information typically required for this type of application: > Proof of Ownership (title work or copy of a deed) and information on any lien holders. > Names and mailing addresses of properties within 200 ft. of the subject property, including mapping from the Assessor's Office showing ownership. > Mineral rights ownership for the subject property including mailing address. > If the owner intends to have a representative complete the Application and processing then a letter of authorization is needed. > Copy of the Preapplication Summary needs to be submitted with the Application. > Copy of the Application Form, Application Fees and signed Payment Agreement Form. > The proposed Minor Subdivision Plat showing the entire property including the proposed lot, existing and proposed lot lines, utility easements, and access easements. J;-The plat should include improvement location information adequate to confirm that no nonconforming conditions will result from the proposed lot split. y Vicinity Map. >-Information as applicable to demonstrate compliance with provisions of Article VII (including provision of utility services including but not limited to water and sewer, access, and hazard review/mitigation). > A narrative describing the request and related information. Attached to this Pre-application summary is an excerpt from the Garfield County Comprehensive Plan showing the location and designation for the Applicant's Property. The designation is RL (Residential Low density, 10+ acres/dwelling unit). IV. REVIEW PROCESS The review process shall follow the steps contained in Table 5-103 including: Pre- Application meeting, Submittal of the Application (3 copies plus CD), Completeness Review, Additional Submittals and Referrals, Setting a date for the Director's Decision, 30 day mailed Public Notice to Property Owners within 200 ft. and mineral rights owners on the subject parcel, Director's Decision, Call-up Period, Satisfaction of all Conditions of Approval, Finalizing the Minor Subdivision Plat, Circulation of the Plat for Signatures, Board of County Commission Signature on the plat as a consent agenda item. Public Hearing(s): _x_ Director's Decision (with Public Notice) _ Planning Commission __ Board of County Commissioners _ Board of Adjustment Referral Agencies: May include but are not limited to: County Surveyor, Garfield County Building Department, Colorado Geological Survey, County Environmental Health, County Vegetation Manager, County Road and Bridge Department, Colorado Division of Water Resources, Local Fire Protection District, County Consulting Engineer. V. APPLICATION REVIEW FEES Planning Review Fees: Referral Agency Fees: Total Deposit: $400 $na $400 General Application Processing (Colorado Geological Survey Referral Fees) (additional hours are billed at hourly rate of $40.50) Planner reviews case for completeness and sends to referral agencies for comments. The case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review and makes a recommendation of approval, approval with conditions, or denial to the Director of the Community Development Department. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre-application Summary Prepared by: Glenn Hartmann.senior Planner DRAFT OF PROPOSED MINOR SUBDIVISION PLAT , I .... _ ... ~.l i ,. :; f j. (' ~( i· . ·~ EXCERPT FROM GARFIELD COUNTY COMPREHENSIVE PLAN EXCERPT FROM GARFIELD COUNTY COMPREHENSIVE PLAN LAND Usf. Ol:SIGNATION DESCRIPTION CoMPAnntr: ZONING Rr.sidrnlial I ow Agriniltur,1l ,1nd rolatcd urns ill woll .1.1; hoine l~ur.11 (R) (RLi QCCUJJ<itiCJJl mes tf1<1! Cull bl' ildl'qU<llClr• buffered froti1 adj;icenl incon1p,)tihl1! mn~. l'l.mncd Unit D(,vi;lopmen1 (l'l.ID) i'Je11sil~· uf rr:sid1.•ittial 11ses: l du per IO .?Cws I: I [( ! ii r I l July 7, 2014 Garfield County Community Development Department 108 8111 Street, Suite 401 Glenwood Springs, CO 81601 Re: Request for Minor Subdivision, 7W Guest Ranch, LLC Garfield County, Colorado Ladies and Gentlemen: I, Mark Wilhelm, 0 w /'\ '-< of 7W Guest Ranch, LLC authorize Julie S. Hanson, of Beattie, Chadwick & Houpt, LLP, and Brian Widhalm to act on 7W Guest Ranch, LLC's behalf with regard to a request for approval of a Minor Subdivision in Garfield County, Colorado. Sincerely_ yours, '' ' Mark Wilhelm t title View your transaction progress 24/7 via SureClose. Ask us about your login today! Date: File Number: Buyer: Seller: January 20, 2014 01330-34682 Tbd Buyer 7 W Guest Ranch, LLC Stewart Title -Glenwood Springs 1620 Grand Avenue Glenwood Springs, CO 81601 Property: 3412 County Road 151, Gypsum, CO 81637 Please direct all Title inquiries to: Roger Avila Email Address: ravila@stewart.com SELLER: 7 W Guest Ranch, LLC Delivery Method: Emailed BUYER: Tbd Buyer Delivery Method: Emailed We Appreciate Your Business and Look Forward to Serving You in the Future. ALT A Commitment (6/17 /06) 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 B 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 affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: Stewart Title -Glenwood Springs 1620 Grand Avenue Glenwood Springs, CO 81601 (970) 945-5434 stewart title guaranty company Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-34682 004-UN ALTA Commitment (6/17/06) Matt Morris President and CEO ~ Secretary CONDITIONS 1. 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. 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 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< httollwww.alta.orql>. All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALT A licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-34682 004-UN AL TA Commitment (6/17/06) File No.: 01330-34682 COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: November 22, 2013 at 8:00 A.M. 2. Policy or Policies to be issued: Amount of Insurance (a) A.L.T.A. Owner's Policy 2006 (Standard) Proposed Insured: Tbd Buyer (b) A.LT.A. Loan Policy Proposed Insured: 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 said estate or interest in said land is at the effective date hereof vested in: 7 W Guest Ranch, LLC 5. The land referred to in this Commitment is described as follows: See Attached Legal Description Purported Address: 3412 County Road 151 Gypsum, CO 81637 Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-34682 CO STG AL TA Commitment Sch A STO STATEMENT OF CHARGES These charges are due and payable before a policy can be issued Basic Rate TBD Commitment: Additional Research (2 hrs): Page 1 of 3 STEWART TITLE GUARANTY COMPANY $100.00 $250.00 SCHEDULE A LEGAL DESCRIPTION The NE1/4 Section 28, and part of the S1/2 SE1/4 Section 21, Township 3 South, Range 87 West of the Sixth Principle Meridian, and part of the Perry Resulting Parcel of the Perry/Roberts Boundary Line Adjustment Plat, according to the map thereof recorded in the office of the Clerk and Recorder, Garfield County, Colorado described as a whole as follows: Beginning at the NE corner said Section 28, thence, along the east line of said NE1/4 Section 28, S 01°53'58" E 2752.96 feet to the E1/4 Section 28; thence, along the south line of said NE1/4 Section 28, N 89°35'41" W 2693.76 feet to the C1/4 Section 28; thence along the west line of the said NE1 /4 Section 28, N 00°20'36" W 2729.57 feet to the N1 /4 corner Section 28; thence, along the west line of the said S1/2 SE1/4 Section 21, N 00°18'53" E 809.71 feet; thence, departing said west line, N 89°53'55" E 1028.53 feet; thence S 80°25'18" E 852.32 feet to the northwesterly edge of a thirty foot wide access easement recorded as Reception Nos. 341704 and 453014; thence the following courses along said westerly edge of easement: 1) N 54 °54'50" E 561.93 feet; 2) N 46°37'11" E 213.60 feet; 3) N 36°23'47" E 191.53 feet; 4) N 45°49'11" E 211.28 feet; 5) N 29°55'39" E 242.58 feet; 6) N 11°15'30" E 183.64 feet; 7) N 22°47'35" E 178.02 feet; 8) N 12°05'14" E 42.07 feet; 9) N 07°02'30" W 36.22 feet; 10) N 28°16'15" W 86.07 feet; 11) N 06°31 '16" W 37.29 feet; 12) N 28°59'33" E 44.01 feet to the northerly line of said Perry Resulting Parcel; thence the following two courses along said northerly line: 1) 65.90 feet along the arc of a curve to the left, having a radius of 420.00 feet a central angle of 8°59'22", and a chord that bears S 82°01 '42" E 65.83 feet; 2) 26.32 feet along the arc of a curve to the right, having a radius of 148.83 feet, a central angle of 10°08"03", and a chord that hears S 81°27'21" E 26.29 feet to the northeasterly corner of said Perry Resulting Parcel: thence the following courses along the easterly line of Perry Resulting Parcel; 1) S 67°10'18" W 58.38 feet; 2) S 28°59'33" W 14.90 feet; 3) S 06°31'16" E 11.68 feet; 4) S 28°16'15" E 85.84 feet; 5) S 07°02'30" E 54.02 feet; 6) S 12°05'14" W 55.18 feet; 7) S 22°47'35" W 177.66 feet; 8) S 11°15'30" W 186.81 feet; 9) S 29°55'39" W 257.98 feet; 10) S 45°48'41" W 214.13 feet; 11) S 36°23'47" W 3.22 feet; 12) S 00°52'24" W 1255.08 feet to the point of beginning. COUNTY OF GARFIELD, STATE OF COLORADO. Also known as: Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and ALT A members in good standing as of the date of use. AH other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-34682 CO STG ALT A Commitment Sch A STO Page 2 of 3 STEWART TITLE GUARANTY COMPANY "South" Parcel" according to the Final Plat, 7W Ranch, recorded March 27, 2008 as Reception No. 745515 in the Office of the Garfield County Clerk and Recorder. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-34682 CO STG ALT A Commitment Sch A STO Page 3 of 3 STEWART TITLE GUARANTY COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE B PARTI File No.: 01330-34682 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 4. Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of receipt of this title commitment. 5. THE FOLLOWING REQUIREMENT IS FOR DELETION OF SURVEY EXCEPTIONS 2 AND 3 OF THE OWNERS POLICY: A SURVEY, meeting the minimum detail standards of the AL TA/ACSM, Survey OR IMPROVEMENT LOCATION CERTIFICATE, prepared by a registered Colorado surveyor, within the last TWO MONTHS, must be presented to Stewart Title Guaranty Company, for its approval prior to the deletion of any survey exceptions from the OWNERS POLICY. Stewart Title Guaranty reserves the right to take exception to any adverse matters as shown on said survey, or make further inquiry or requirements relative thereto. Said Survey, must be certified to Stewart Title of Colorado and/or Stewart Title Guaranty Company. 6. Relating to 7 W Guest Ranch, LLC, The Company requires for its review the following: a) Copy of the "Articles of Organization", the Operating Agreement and the regulations of the limited liability company and any amendments thereof b) A certificate of good standing, evidencing that the company is in good standing in the state of its formation c) Execution and recordation of Statement of Authority pursuant to the provisions of Section 38-30-172 C.R.S. Note: At the time the Company is furnished these items, the Company may make additional requirements or exceptions. 7. Release by the Public Trustee of the Deed of Trust from 7W Guest Ranch LLC for the use of Bank of Colorado to secure $3,000,000.00, recorded November 16, 2010 ~~~~'..!.!...!.~...!....C:.~~· NOTE: Assignment of Rents and/or Leases recorded November 16, 2010, as Reception No. 794529. 8. Deed from vested owner(s) vesting fee simple title in the purchaser(s). NOTE: Notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute on recording of deeds CRS 38-35-109 (2). Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Tltle Association. File No. 01330-34682 CO STG AL TA Commitment Sch B I Page 1 of 1 STEWART TITLE GUARANTY COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE B PARTll File No.: 01330-34682 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. 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 but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in Schedule B. 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. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patents recorded June 23, 1920 in Book 112 at Page 352 as recorded February 23, 1923 in Book 112 at Page 385 as ~=~'-'---'-''-"'-'--"'--'-'~ and recorded November 18, 1918 in Book 112 at Page 514 as '--'-"'=="-'--'-=~="-· 10. Easement and right of way for electric transmission or distribution line purposes as granted to Holy Cross Electric Association, inc., by George, Burt and Claudia by instrument recorded September 17, 1971 in Book 422 at Page 560 as in which specific location of the easement is not defined. 11. Right of way as granted to Holy Cross Electric Association by Document recorded October 19, 1971 in Book 423 at Page 518 as Reception No. 251431. 12. Right of way as granted to Eagle Valley Telephone Company by Document recorded October 21, 1977 in Book 501 at Page 958 as Reception No. 281373. 14. Holy Cross Electric Association, Inc. Right-of-Way Easement recorded July 2, 1990 in Book 782 at Page 740 as ~~~""-'--'-"-""--'-'--'-'-"'-"'" , in which the specific location of the easement is not defined. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and AL TA members in good standing as of the date of use. AH other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-34682 CO STG AL TA Commitment Sch B II STO Page 1 of 2 STEWART TITLE GUARANTY COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE B PARTll 15. Terms and conditions of Easement as disclosed in Special Warranty Deed recorded September 27, 1993 in Book 8 76 at Page 725 as ~="-'="-'-'-~~~-'-'-· 16. Terms, conditions, restrictions, reservations, provisions, obligations, easements and right of ways as set forth in Quit Claim Deed recorded February 22, 1994 in Book 893 at Page 432 as ~~~'.!J-1~~2.=L.L:d.· 19. Declaration of Access Easement recorded August 8, 2002 in Book 1376 at Page 322 as'--'-"'="--'-'-""-'-'--"-"'-'-"'===· Amendment recorded November 15, 2002 in Book 1407 at Page 149 as ~=~"-'-'-~~Cl!_~· 21. All matters as shown on the Perry/Robers Boundary Line Adjustment Plat recorded October 25, 2004 as 24. Restrictions in Warranty Deeds recorded November 1, 2004 as'--""'=~"'--'--~~~~ and recorded March 27, 2008""-=--'-=~==-'-'-'-'-=--'-'-'"-"'-'~· 26. Affidavit Re: Boundary Line Adjustment recorded March 27, 2008 as"-=="'-'-"'"'-'-'~'-'-~~ and Amendment recorded April 2, 2008 as Reception No. 745892. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALT A licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-34682 CO STG ALTA Commitment Sch B II STO Page 2 of 2 STEWART TITLE GUARANTY COMPANY DISCLOSURES File No.: 01330-34682 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: Colorado 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 untiled 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. To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: 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. NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. 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. File No.: 01330-34682 CO Commitment Disclosure STG Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal 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 title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act (GLBA). 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. Reasons we can share your personal information. Do we share Can you limit this sharing? For our everyday business purposes-to process your transactions and maintain your account. This may include running the Yes No 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 Yes No you. For joint marketing with other financial companies No We don't share 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 Yes No non-financial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company For our affiliates' everyday business purposes-information No We don't share about your creditworthiness. For our affiliates to market to you -For your convenience, Yes Yes, send your first and last name, the Stewart has developed a means for you to opt out from its affiliates email address used in your transaction, your marketing even though such mechanism is not legally required. Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591. For non-affiliates to market to you. Non-affiliates are companies No We don't share not related by common ownership or control. They can be financial and non-financial companies. 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 We must notify you about our sharing practices when you request a about their practices? transaction. How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use, we personal information? use security measures that comply with federal law. These measures include computer, file, and buildinq safequards. How do the Stewart Title Companies collect my We collect your personal infonmation, for example, when you personal information? • 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. What sharing can I limit? 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 77056 File No.: 01330-34682 Page 1 Revised 11-19-2013 ADJOINING NEIGHBORS -200' Parcel No. 186321400117 Burnt Park Trail, LLC 120 Aviation Ave. Portsmouth, NH 03801 Parcel No. 186321400098 Paul Testwuide and Janet Marie Andersen 898 Red Sandstone Circle Vail, CO 81657 Parcel No. 186322300092 Darrell & Jacquelyn R. Watters 4160 Humboldt Street Cherry Hill Village, CO 80113 PLAT NOTES: BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF TRUE NORTH DElERMINED BY GPS OBSERVATIONS YIELDING A BEARING OF S01"53'58"E BElWEEN THE NE CORNER OF SECTION 28 AND THE EAST 1/4 CORNER OF SECTION 28, 3" GLO BRASS CAPS IN PLACE AS SHOWN HEREON. DA 1E OF SURVEY: DECEMBER 19, 2013. LINEAR UNITS USED TO PERFORM THIS SURVEY WERE U.S. SURVEY FEET. THIS SURVEY IS BASED ON RECEPTION NO. 745890, RECEPTION NO. 745889, RECEPTION NO. 745892, RECEPTION NO. 745514, RECEPTION NO. 745891, RECEPTION NO. 662729, PERRY/ROBERTS BOUNDARY LINE ADJUSTMENT PLAT RECORDED IN RECEPTION NO. 662321, AND CORNERS FOUND IN PLACE AS SHOWN. THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS AND EASEMENTS OF RECORD OR IN PLACE AND EXCEPTIONS TO TITI.E SHOWN IN THE TITLE COMMITMENT PREPARED BY SlEWART TITI.E GUARANTY COMPANY, DAlED: NOVEMBER 22, 2013 (FILE NUMBER 01330-34682). COUNTY ROAD 151 RIGHT-OF-WAY IS BASED ON THE LOCATION OF THE EXISTING GRAVEL ROADWAY. SUBJECT TO PAlENT RESERVATIONS, THE MINERAL RIGHTS TO THIS REAL PROPERTY ARE NOT SEVERED FROM THE SURFACE, AND ARE NOT UNDER LEASE. DOGS KEPT ON THE PROPERTY SHALL BE IN A FENCED YARD OR ON A LEASH TO PREVENT HARASSMENT OF WILDLIFE. CONTROL OF NOXIUOUS IS THE RESPONSIBILITY OF THE PROPERTY OWNERS. NO OPEN HEARTH SOLID-FUEL FIREPLACES WILL BE ALLOWED ANYWHERE WITHIN THE SUBDIVISION. ONE (1) NEW SOLID-FUEL BURNING STOVE AS DEFINED BY C.R.S. 25-7-401, ET. SEQ., AND THE REGULATIONS PROMULGAlED THEREUNDER, WILL BE ALLOWED IN ANY DWELLING UNIT. ALL DWELLING UNITS WILL BE ALLOWED AN UNRESTRICTED NUMBER OF NATURAL GAS BURNING STOVES AND APPLIANCES. ALL EXlERIOR LIGHTING WILL BE THE MINIMUM AMOUNT NECESSARY AND ALL EXlERIOR LIGHTING WILL BE DIREClED INWARD AND DOWNWARD, TOWARDS THE INlERIOR OF THE SUBDIVISION, EXCEPT THAT PROVISIONS MAY BE MADE TO ALLOW FOR SAFETY LIGHTING THAT GOES BEYOND THE PROPERTY BOUNDARIES. COLORADO IS A "RIGHT-TO-FARM" STAlE PURSUANT TO C.R.S. 35-3-101, ET SEQ. LANDOWNERS, RESIDENTS AND VISITORS MUST BE PREPARED TO ACCEPT THE ACTIVITIES, SIGHTS, SOUNDS AND SMELLS OF GARFIELD COUNTY'S AGRICULTURAL OPERATIONS AS A NORMAL AND NECESSARY ASPECT OF LIVING IN A COUNTY WITH A STRONG RURAL CHARAClER AND A HEAL THY RANCHING SECTOR. THOSE WITH AN URBAN SENSITIVITY MAY PERCEIVE SUCH ACTIVITIES, SIGHTS, SOUND, AND SMEULS ONLY AS INCOVENIENCE, EYESORE, NOISE AND ORDOR. HOWEVER, STAlE LAW AND COUNTY POLICY PROVIDE THAT RANCHING, FARMING AND OTHER AGRICULTURAL ACTIVITIES AND OPERATIONS WITHIN GARFIELD COUNTY SHALL NOT BE CONSIDERED TO BE A NUISANCES SO LONG AS OPERAlED IN CONFORMANCE WITH THE LAW AND IN A NON-NEGLIGENT MANNER. THEREFORE, ALL MUST BE PREPARED TO ENCOUNlER NOISES, ODOR, LIGHTS, MUD, DUST, SMOKE, CHEMICALS, MACHINERY ON PUBLIC ROADS, LIVESTOCK ON PUBLIC ROADS, STORAGE AND DISPOSAL OF MANURE, AND THE APPLICATION BY SPRAYING OR OTHERWISE OF CHEMICAL FERTILIZERS, SOIL AMENDMENT, HERBICIDE, AND PESTICIDES, ANY ONE OR MORE OF WHICH MAY NATURALLY OCCUR AS PART OF A LEGAL AND NON-NEGLIGENT AGRICULTURAL OPERATIONS. ALL OWNERS OF LAND, WHETHER RANCH OR RESIDENCE, HAVE OBLIGATIONS UNDER STAlE LAW AND COUNTY REGULATIONS WITH REGARD TO THE MAINTENANCE OF FENCES AND IRRIGATION DITCHES, CONTROLLING WEEDS, KEEPING LIVESTOCK AND PETS UNDER CONTROL, USING PROPERTY IN ACCORDANCE WITH ZONING, AND OTHER ASPECTS OF USING AND MAINTAINING PROPERTY. RESIDENTS AND LANDOWNERS ARE ENCOURAGED TO LEARN ABOUT THESE RIGHTS AND RESPONSIBILITIES AN ACT AS GOOD NEIGHBORS AND CITIZENS OF THE COUNTY. A GOOD INTRODUCTORY SOURCE FOR SUCH INFORMATION IS "A GUIDE TO RURAL LIVING 8c SMALL SCALE AGRICULTURE" PUT OUT BY THE COLORADO STAlE UNIVERSITY EXlENTION OFFICE IN GARFIELD COUNTY. ACCESSORY DWELLING UNITS ARE NOT PERMITlED IN CONFORMANCE WITH THE COMPREHENSIVE PLAN DENSITY STANDARDS. FENCING ON THE PROPERTY SHALL COMPLY WITH THE COLORADO PARKS AND WILDLIFE SPECIFICATIONS FOR WILDLIFE-FRIENDLY FENCING. ENGINEER-DESIGNED SEPTIC S'ISlEMS ARE REQUIRED WITHIN THIS SUBDIVISION. ENGINEER-DESIGNED FOUNDATIONS ARE REQUIRED WITHIN THIS SUBDIVISION. NO FURTHER DIVISIONS OF LAND WITHIN THE SUBDIVISION WILL BE ALLOWED. TITLE CERTIFICATE I, AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STAlE OF COLORADO, OR AGENT AUTHORIZED BY A TITI.E INSURANCE COMPANY, DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO ALL LANDS SHOWN UPON THIS PLAT AND THAT TITI.E TO SUCH LANDS IS VESlED IN FREE AND CILEAR OF ALL LIENS AND ENCUMBRANCES (INCLUDING MORTGAGES, DEEDS OF TRUST, JUDGMENTS, EASEMENTS, CONTRACTS AND AGREEMENTS OF RECORD AFFECTING THE REAL PROPERTY IN THIS PLAT), EXCEPT AS FOLLOWS: DAlED THIS ____ AY OF ______ A.O., 2014. TITI.E COMPANY STEWART TITI.E -GLENWOOD SPRINGS 1620 GRAND AVENUE GLENWOOD SPRINGS, CO 81601 AGENT OR B~~=~~---------------ATTORNEY COLORADO ATTORNEY REGISTRATION NO. ____ _ MINERAL OWNER AND RIGHTS MINERAL OWNER: ANTHONY PERRY ACCORDING TO SPECIAL WARRANTY DEED RECORDED IN BOOK 0876 AT PAGE 725. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE Nf1 lEOAL ACllON BASED UPON ANY DEFECT IN lHIS SURVEY WllHIN THREE YEARS AF1ER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON N4V DEFECT ti THIS SURVEY BE COMMENCED MORE lHAN 1EN YEARS FROM lHE DA TE OF CERllFICA TlON SHOWN HEREON. 7W GUEST RANCH MINOR SUBDIVISON A PARCEL OF LAND SITUATED IN THE SE 1/4 OF SECTION 21, SW1/4 OF SECTION 22 AND THE NE 1/4 OF SECTION 28 TOWNSHIP 3 SOUTH, RANGE 87 WEST OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO I fW-,9..,. °'"-~. ~.-.• ~ . •. :J' '.!. VJ!IGUE _ '\RANCH ' ,I .\ / VICINITY MAP DESCRIPTION OF LOT 1 (GUEST RANCH PARCEU THE NE1/4 SECTION 28, AND PART OF THE S1/2SE1/4 SECTION 21, TOWNSHIP 3 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPLE MERIDIAN, AND PART OF THE PERRY RESULTING PARCEL OF THE PERRY/ROBERTS BOUNDARY LINE ADJUSTMENT PLAT, ACCORDING TO THE MAP THEREOF RECORDED IN THE OFFICE OF THE CLERK AND RECORDER, GARFIELD COUNTY, COLORADO, BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 28, THENCE ALONG THE EAST LINE OF SAID NE1/4 SECTION 28, S01"53'58"E 2752.96 FEET TO THE E1/4 SECTION 28; THENCE, ALONG THE SOUTH LINE OF SAID NE1/4 SECTION 28, N89"35'41"W 2693.76 FEET TO THE C1/4 SECTION 28; THENCE, ALONG THE WEST LINE OF SAID NE1/4 SECTION 28, N00"20'36"W 2759.57 FEET TO THE N1/4 CORNER SECTION 28; THENCIE, ALONG THE WEST LINE OF THE SAID S1/2SE1/4 SECTION 21. NOOi8'53"E 809.71 FEET; THENCE, DEPARTING SAID WEST LINE, N89"53'55"E 1028.53 FEET; THENCE S80"25'18"E 852.32 FEET TO THE NORTHWESlERL Y EDGE OF A THIRTY FOOT WIDE ACCESS EASEMENT RECORDED AS RECEPTION NOS. 341704 AND 453014; THENCE THE FOLLOWING TWELVE (12) COURSES ALONG SAID WESlERLY EDGE OF EASEMENT: 1) N54"54'50"E 561.93 FEET; 2) N46"37'11"E 213.60 FEET; 3) N36"23'47"E 191.53 FEET; 4) N45"49'11"E 211.28 FEET; 5) N29"55'39"E 242.58 FEET; 6) N11i5'30"E 183.64 FEET; 7) N22"47'35"E 178.02 FEET; 8) N12"05'14"E 42.07 FEET; 9) N07"02'30"W 36.22 FEET; 10) N28i6'15"W 86.07 FEET; 11) N06"31'16"W 37.29 FEET; 12) N28"59'33"E 44.01 FEET TO THE NORTHERLY LINE OF SAID PERRY RESULTING PARCEL; THENCE THE FOLLOWING TWO (2) COURSES ALONG SAID NORTHERLY LINE: 1) 65.90 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 420.00 FEET, A CENTRAL ANGLE OF 08"59'22", AND A CHORD THAT BEARS S82"01'42"E 65.83 FEET; 2) 26.32 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 148.83 FEET, A CENTRAL ANGLE OF 10"08'03", AND A CHORD THAT BEARS S81"27'21"E 26.29 FEET TO THE NORTHEASlERLY CORNER OF SAID PERRY RESULTING PARCEL; THENCE THE FOLLOWING lWELVE (12) COURSES ALONG THE EASTERLY LINE OF PERRY RESULTING PARCEL, 1) S67i0'18"W 58.38 FEET; 2) S28"59'33"W 14.90 FEET; 3) S06"31'16"E 11.68 FEET 4) S28i6'15"E 85.84 FEET; 5) S07"02'30"E 54.02 FEET; 6) S12"05'14"W 55.18 FEET; 7} S22"47'35"W 177.66 FEET; 8) s11i5•3o•w 186.81 FEET; 9) S29"55'39"W 257.98 FEET; 10} S45"48'41"W 214.13 FEET; 11) S36"23'47"W 3.22 FEET; 12) S00"52'24"W 1255.08 FEET TO THE pO!NT OF BEGINNING EXCEPT; A PARCEL OF LAND SITUAlED IN THE SE1/4 OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPLE MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 21, THENCE N00"52'24"E ALONG THE EAST LINE OF SAID SECTION 21 A DISTANCE OF 599.92 FEET TO THE POINT OF BEGINNING THENCE LEAVING SAID EAST LINE N62i9'50"W A DISTANCE OF 493.11 FEET; THENCE N54"54'50"E A DISTANCE OF 212.19 FEET; THENCE N46"37'11"E A DISTANCE OF 221.70 FEET; THENCE N36"23'51"E A DISTANCE OF 188.66 FEET TO A POINT ON THE AFOREMENTIONED EAST LINE OF SAID SECTION 21; THENCE S00"52'24"W ALONG SAID EAST LINE A DISTANCE OF 655.15 FEET TO THE POINT OF BEGINNING SAID PARCEL OF LAND CONTAINING 3.000 ACRES, MORE OR LESS. SAID LOT 1 CONTAINING 215.254 ACRES, MORE OR LESS, DESCRIPTION OF LOT 2 (RANCH MANAGER'S PARCEU A PARCEL OF LAND SITUAlED IN THE SE1/4 OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPLE MERIDIAN, COUNTY OF GARFIELD, STAlE OF COLORADO, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 21, THENCE N00"52'24"E ALONG THE EAST LINE OF SAID SECTION 21 A DISTANCE OF 599.92 FEET TO THE POINT OF BEGINNING THENCE LEAVING SAID EAST LINE N62i9'50"W A DISTANCE OF 493.11 FEET; THENCE N54"54'50"E A DISTANCE OF 212.19 FEET; THENCE N46"37'11"E A DISTANCE OF 221.70 FEET; THENCE N36"23'51"E A DISTANCE OF 188.66 FEET TO A POINT ON THE AFOREMENTIONED EAST LINE OF SAID SECTION 21; THENCE S00"52'24"W ALONG SAID EAST LINE A DISTANCE OF 655.15 FEET TO THE POINT OF BEGINNING SAID PARCEL OF LAND CONTAINING 3.000 ACRES, MORE OR LESS. COUNTY SURVEYOR'S CERTIFICATE APPROVED FOR CONlENT AND FORM ONLY AND NOT THE ACCURACY OF SURVEYS, CALCULATIONS AND DRAFTING PURSUANT TO C.R.S., 38-51-101 AND 102, ET SEQ. DAlED THIS __ DAY OF -------2014. B~....,,,=="""''""""""'=c-="""'~-=-------GARFIELD COUNTY SURVEYOR SCALE: 1 • -2 1 000' LIENHOLDER CONSENT AND SUBORDINATION THE UNDERSIGNED, BEING THE BENEFICIARY UNDER A DEED OF TRUST GRANlED BY THE OWNER(S) UPON THE REAL PROPERTY PLATlED AND DIVIDED AS SHOWN UPON THE WITHIN 7W GUEST RANCH MINOR SUBPl\llS!ON CERTIFIES THAT THE UNDERSIGNED HAS REVIEWED THE 7W GUEST RANCH MINOR SUBPl\llSION AND BY THIS CERTIFICATION HEREBY CONSENTS TO SAID 7W GUEST RANCH MINOR SUBPl\llSION AND TO THE RECORDING THEREOF. BENEFICIARY FURTHER CONSENTS TO SAID 7W GUEST RANCH MINOR SUBPl\llSIQN AS STAlED IN THE CERTIFICAlE OF DEDICATION AND OWNERSHIP EXECUlED BY THE OWNER(S} HEREON, AND HEREBY SUBORDINATES ANY INlEREST THAT BENEFICIARY MAY HAVE IN AND TO THE PROPERTY SUBJECT TO SUCH DEDICATION, TO THE ENTITY(IES) OR THE GENERAL PUBLIC TO WHICH SUCH DEDICATION IS MADE. EXECUlED THIS ---DAY OF --------A.O., 2014. LIENHOLDER: BANK OF COLORADO 901 GRAND AVENUE GLENWOOD SPRINGS, CO 81601 B~--------------- STA 1E OF COLORADO COUNTY OF GARFIELD } } SS ) THE FOREGOING LIENHOLDER CONSENT AND SUBORDINATION WAS ACKNOWLEDGED BEFORE ME THIS __ DAY OF 2014, BY---------- MY COMMISSION EXPIRES: __________ _ WITNESS MY HAND AND SEAL: NOTARY PUBLIC CERTIFICATE OF TAXES PAID I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF TAXES AND ASSESSMENTS DUE AND PAYABLE AS OF UPON ALL PARCELS OF REAL ESTAlE DESCRIBED ON THIS PLAT ARE PAID FULL DAlED THIS __ DAY OF--------A.O., 2014. B~-~--~-~--------GARFIELD COUNTY TREASURER COUNTY COMMISSIONER'S CERTIFICATE BASED UPON THE REVIEW AND RECOMMENDATION OF GARFIELD COUNTY DIRECTOR OF COMMUNITY DEVELOPMENT, THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, HEREBY APPROVES THIS SUBDIVISION PLAT THIS DAY OF 2014, FOR FILING WITH THE CLERK AND RECORDER OF GARFIELD COUNTY AND FOR CONVEYANCE TO THE COUNTY OF THE PUBLIC DEDICATIONS SHOWN HEREON, SUBJECT TO THE PROVISIONS THAT APPROVAL IN NO WAY OBLIGAlES GARFIELD COUNTY FOR FINANCING OR CONSTRUCTION OF IMPROVEMENTS ON LANDS, PUBLIC ROADS, HIGHWAYS OR EASEMENTS DEDICAlED TO THE PUBLIC, EXCEPT AS SPECIFICALLY AGREED TO BY THE BOARD OF COUNTY COMMISSIONERS BY SUBSEQUENT RESOLUTION. B~~~~~~~~==~~~~=~~-CHAIRMAN, BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO WITNESS MY HAND AND THE SEAL OF THE COUNTY OF GARFIELD. ATTES~~~~~~~-------~ COUNTY CLERK CERTIFICATE OF DEDICATION OWNERSHIP THE UNDERSIGNED 7W GUEST RANCH LLC, BEING SOLE OWNER(S) IN FEE SIMPLE OF ALL THAT REAL PROPERTY SITUAlED IN GARFIELD COUNTY, DESCRIBED AS FOLLOWS: THE NE1/4 SECTION 28, AND PART OF THE S1/2SE1/4 SECTION 21, TOWNSHIP 3 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPLE MERIDIAN, AND PART OF THE PERRY RESULTING PARCEL OF THE PERRY/ROBERTS BOUNDARY LINE ADJUSTMENT PLAT, ACCORDING TO THE MAP THEREOF RECORDED IN THE OFFICE OF THE CILERK AND RECORDER, GARFIELD COUNTY, COLORADO, BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 28, THENCE ALONG THE EAST LINE OF SAID NE1/4 SECTION 28, S01"53'58"E 2752.96 FEET TO THE E1/4 SECTION 28; THENCIE, ALONG THE SOUTH LINE OF SAID NE1/4 SECTION 28, N89"35'41"W 2693.76 FEET TO THE C1/4 SECTION 28; THENCE, ALONG THE WEST LINE OF SAID NE1/4 SECTION 28, N00"20'36"W 2759.57 FEET TO THE N1/4 CORNER SECTION 28; THENCE, ALONG THE WEST LINE OF THE SAID S1/2SE1/4 SECTION 21, NOOi8'53"E 809.71 FEET; THENCE, DEPARTING SAID WEST LINE, N89"53'55"E 1028.53 FEET; THENCE S80"25'18"E 852.32 FEET TO THE NORTHWESlERL Y EDGE OF A THIRTY FOOT WIDE ACCESS EASEMENT RECORDED AS RECEPTION NOS. 341704 AND 453014; THENCE THE FOLLOWING lWELVE (12) COURSES ALONG SAID WESlERLY EDGE OF EASEMENT: 1) N54"54'50"E 561.93 FEET; 2) N46"37'11"E 213.60 FEET; 3) N36"23'47"E 191.53 FEET; 4) N45"49'11"E 211.28 FEET; 5) N29"55'39"E 242.58 FEET; 6) N11i5'30"E 183.64 FEET; 7) N22"47'35"E 178.02 FEET; 8) N12"05'14"E 42.07 FEET; 9) N07"02'30"W 36.22 FEET; 10) N28i6'15"W 86.07 FEET; 11) N06"31'16"W 37.29 FEET; 12) N28"59'33"E 44.01 FEET TO THE NORTHERLY LINE OF SAID PERRY RESULTING PARCEL; THENCE THE FOLLOWING TWO (2) COURSES ALONG SAID NORTHERLY LINE: 1) 65.90 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 420.00 FEET, A CENTRAL ANGLE OF 08"59'22", AND A CHORD THAT BEARS S82"01'42"E 65.83 FEET; 2) 26.32 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 148.83 FEET, A CENTRAL ANGLE OF 10"08'03", AND A CHORD THAT BEARS S81"27'21"E 26.29 FEET TO THE NORTHEASlERLY CORNER OF SAID PERRY RESULTING PARCEL; THENCE THE FOLLOWING TWELVE (12) COURSES ALONG THE EASlERLY LINE OF PERRY RESULTING PARCEL 1) S67i0'18"W 58.38 FEET; 2) S28"59'33"W 14.90 FEET; 3) S06"31'16"E 11.68 FEET 4) S28i6'15"E 85.84 FEET; 5) S07"02'30"E 54.02 FEET; 6) S12"05'14"W 55.18 FEET; 7) S22"47'35"W 177.66 FEET; 8) S11i5'30"W 186.81 FEET; 9) S29"55'39"W 257.98 FEET; 10) S45"48'41"W 214.13 FEET; 11) S36"23'47"W 3.22 FEET; 12) S00"52'24"W 1255.08 FEET TO THE POINT OF BEGINNING CONTAINING 218.254 ACRES, MORE OR LESS, HA VE CAUSED THE DESCRIBED REAL PROPERTY TO BE SURVEYED, LAID OUT AND PLATlED AS SHOWN ON THIS PLAT UNDER THE NAME AND STYLE OF 7W GUEST RANCH MINOR SUBDIVISION A SUBDIVISION IN THE COUNTY OF GARFIELD. THE OWNER DOES HEREBY DEDICAlE AND SET APART ALL OF THE STREETS AND ROADS AS SHOWN ON THE ACCOMPANYING PLAT TO THE USE OF THE PUBLIC FOREVER, AND HEREBY DEDICAlE(S) TO THE OWNERS OF THE LOTS THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE LABELED AS UTILITY EASEMENTS ON THE ACCOMPANYING PLAT AS PERPETUAL EASEMENTS FOR THE INSTALLATION AND MAINlENANCE OF UTILITIES, IRRIGATION AND DRAINAGE FACILITIES INCLUDING, BUT NOT LIMllED TO, ELECTRIC LINES, GAS LINES AND lELEPHONE LINES, TOGETHER WITH THE RIGHT TO TRIM INlERFERING TREES AND BRUSH, WITH PERPETUAL RIGHT OF INGRESS AND EGRESS FOR INSTALLATION AND MAINlENANCE OF SUCH LINES. SUCH EASEMENT AND RIGHTS SHALL BE UTILIZED IN A REASONABLE AND PRUDENT MANNER. ALL EXPENSE FOR STREET PAVING OR IMPROVEMENTS SHALL BE FURNISHED BY THE SELLER OR PURCHASER, NOT BY THE COUNTY OF GARFIELD. EXECUlED THIS __ DAY OF--------A.O., 2014. OWNER: 7W GUEST RANCH, LLC P .0. BOX 5259 3412 COUNTY ROAD 151 EAGLE, CO 81631 STAlE OF COLORADO ) }ss COUNTY OF GARFIELD } THE FOREGOING CERTIFICATION OF DEDICATION AND OWNERSHIP WAS ACKNOWILEDGED BEFORE ME THIS ---DAY OF 2014, BY _________ _ AS OF 7W GUEST RANCH, LLC. MY COMMISSION EXPIRES: __________ _ WITNESS MY HAND AND OFFICIAL SEAL NOTARY PUBLIC SURVEYOR'S CERTIFICATE I, FRANK W. HARRINGTON, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STAlE OF COLORADO, THAT THIS PLAT IS A TRUE, CORRECT AND COMPLElE PLAT OF 7W GUEST RANCH MINOR SVBDl\llSION, AS LAID OUT, PLATlED, DEDICAlED AND SHOWN HEREON, THAT SUCH PLAT WAS MADE FROM AN ACCURAlE SURVEY OF SAID PROPERTY BY ME AND UNDER MY SUPERVISION AND CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS AND STREETS OF 7W GUEST RANCH MINOR SVBDllllSIQN AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE SUBDIVISION OF LAND. IN WITNESS WHEREOF I HAVE SET MY HAND AND SEAL THIS __ DAY OF------2014. B~~~~~~~~~~~~~~~~~-FRANK W. HARRINGTON, LS. NO. 19598, CfedS HIGH COUNTRY ENGINEERING, INC. 1517 BLAKE AVENUE, SUllE 101 GLENWOOD SPRINGS, CO 81601 CLERK AND RECORDER'S CERTIFICATE THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY AT __ O'CLOCK ON THIS __ DAY OF A.O. 2014, AND IS DULY RECORDED AS RECEPTION NO. ________ _ CLERK AND RECORDER BY:~=~-------------- DEPUTY ffi z ~ oo r-w ~o CXJ o -o~ Ol ~ IL ~ r j::..J I JJ.I oON::;: zUNz ,.u. Ol -rO • o :Jo: 0 0 -w 0" !Ji-m ~ 5 z .,. , w ~ .. u "' JO z 0 iii ~ 0:: 0 z :.: 0.. ~ 0:: ~ 0 0: 0 J: ~~ ~ i'i <t ~ cb 9 0.. 0 !J.. j,j i'.i !( 0 ii: PROJECT NO. 2111662 1 OF2 NOIITR GRAPHIC SCALE i •·• 1-T-i--i----i I I I \ \ / / I ( IN FEET ) 1 inch = 200 fl W 1/4 CORNER SECTION 22 2-1 /2" GLD BRASS CAP (FND) -------./ / / / / I I I I I [1 ------ FOUND NO. 5 REBAR AND YELLOW PLASTIC C MARKED PROP CORNER HCE LS 19598 ALONG lHIS LINE FOUND NO. 5 REBAR L5 AND AWMINUM CAP LS NO 26598 I I 0 \ I '\ " I tJ, ...... I ...... I ' I ' ..._ ....... __ ----------- LINE DATA LINE BEARING LENGni L1 S6710'18"W 58.38' L2 s28·59•33•w 14.90' L3 S06"31'16"E 11 .68' L4 S2816'15"E 85.84' L5 S07"02'30"E 54.02' L6 S12"05'14"W 55.18' L7 S22"47'35"W 177.66' L8 S1115'30"W 186.81' L9 s20·55•39•w 257.98' L10 S45"48'41"W 214.13' L11 S36'23'47"W 3.22' L12 N36'23' 47"E 191.53' L13 N45"49'11 "E 211.28' L14 N29"55'39"E 242.58' L15 N1115'30"E 183.64' L16 N22"47'35"E 178.02' L17 N12"05'14"E 42.07' L18 N07"02'30"W 36.22' L20 N2816'15"W 66.07' L21 N28"59'33"E 44.01' L22 N54"54'50"E 212.19' L23 N46'37'11 "E 221.70' L24 N36'23'51"E 188.66' CURVE DATA ---..._ LB L17 -------- CURVE RADIUS DELTA LENGni TANGENT CHORD BEARING Cl 420.00' os·59•23• C2 148.83' 10"08'03" * P ELIMINA Y 06/03/14 NOTICE: ACCfJRDl!ilG 10 ca..DRADO LAW YOO MUST CCNMENCE Ntf LEGAL ACTION BASED UPON ANY DEFECT IN 11-llS SURVEY WllHIN lHREE ~ M1ER Ya.I FIRST DISC<WER SUOi DEFECT. IN NO EVENT MAY ~y ACTION BASED UPa-. Mf'f DEFECT tt ll·llS SUR'v'EY BE COMMDICED MmE 1HAN TEN 'YEARS FRCl!I 1HE DATE OF" CERTlflCAllON SHO'lfll HEREON. 65.90' 33.02' S 82"01'42" E 26.32' 13.20' S 81'27'21" E ..._ ' ...... ...... ...... " '\ \ \ I I I I I I / / / / / ./ CHORD 65.83' 26.29' 7W GUEST RANCH MINOR SUBDIVISON S-C 1/16 CORNER SECTION 21 REBAR & CAP LS. NO. 16842 (FND) A PARCEL OF LAND SITUATED IN THE SE 1/4 OF SECTION 21, SW1/4 OF SECTION 22 AND THE /NE 1/4 OF SECTION 28 TOWNSHIP 3 SOUTH, RANGE 87 WEST OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO NW1/4 (SEC. 27) ~ l\lNDANCE RANCH LLC PARCEL NO. 1863-271-00-047 NORni 1/4 CORNER SECTION 28 3• GLO BRASS CAP (FND) \ \. ( \· I / / I EAST 1/4 CORNER SECTION 28 3" GLO BRASS CAP (FND) ( ' \ ) \/, . . . ""--EXISTING DITCH ........ \ I "'.: / I I f >< I >< / >< I ,. I ,. ! ,. " I " I " I " I " I CENTER 1 /4 CORNER SECTION 28 3" ALUMINUM CAP LS NO 19598 (FND) WEST 1/4 CORNER SECTION 28 GLO BRASS CAP (FND) x ./ Co ~ ,.j Cl> co N "' • -"'" in t" O> IX) z ~ 0 01 :::j8 I :i: -1~~ "' "' "' w"' o-Z• <0 cZ z_, ;;: ~ "' < a_ I I / r:f J . ~ . ~ S00'20'36"E 2692.98' SOUni 1/4 CORNER SECTION 28 GLO BRASS CAP (FND) z 0 iii ~ D'. ci z :.:: IL ~ 0:: I • 0 z - I ~ ~ !:J hl 0 ~ C) <t -..... w 0 ..... w 0 .. >-41 " ~ Cl ii: II) II) z _ lfl a:: .:2 ~ j IL LL Ill o-oi ;;; ID 0 :E Ill Iii 0"" 0 Z uS U -Iii -~ ci ~~~II. z Ill i: '° Ill Ill ~ 0::"" u D. UI :J:: > wm; . I!: SSoi I Z m~s "" z "" ::::> .. OI II) Ill -0 -.Jw C> z 0 0 x: if C) -x: u .J 0 -'. 0 J: ~ uo z .J ~o f-u IJl • wW :J .J (9 ~ 5: w r-. PROJECT NO. 2111662 20F2 • 7W GUEST RANCH MINOR SUBDIVISON A PARCEL OF LAND SITUATED IN THE SE 1/4 OF SECTION 21, SW1/4 OF SECTION 22 AND THE NE 1/4 OF SECTION 28 TOWNSHIP 3 SOUTH, RANGE 87 WEST OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO DRAWN BY'. SCALE'. RPK 1" = 2,000' HIGH COUNTRY ENGINEERING, INC. 1517 BLAKE AVENUE, STE IOI, GLENWOOD SPRINGS, CO 8160 I PHONE (970) 945-8676 FAX (970) 945-2555 WWW.HCENG.COM GYPSUM, COLORADO 7W GUEST RANCH VICINITY MAP GARFIELD COUNTY CHECKED BY'. RPK PROJECT NO: 2111662 DATE'. PAGE: 6-23-14 1OF1 FILE: J:/SDSKPROJ/21 1/1662/DWG/FPLAT ING June 3 , 2014 Garfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 An Employee-Owne d Co m pany Re : 7W Guest Ranch Minor Subdivision Application Engineering Letter and Waiver Requests DRIVEWAY AND EMERGENCY ACCESS L ND Su EYJN( The applicant is proposing a 12 foot wide "primitive/driveway" road section that would serve as the driveway to Lot 2 about 1,600 feet beyond the access gate to the ranch. The number of trips generated by 1 single family home fits the ADT ranch of 0-20 for a "primitive/driveway". This driveway must be a minimum of 12 feet in width with a gravel surface compatible with fire trucks. The road standard should have no slopes greater than 12% and include a minimum 3 foot wide ditch or whatever the drainage basin above the driveway requires. The driveway surface will require a minimum 12 inch compacted subgrade and an 8 inch Class 6 gravel section. The existing driveway connects to County Road 151 within a 30 foot wide access easement that was granted for another property across the ranch. This corridor will also need to be revised to allow Lot 2 ingress/egress across the 50 foot wide north portion of Lot 1 and address maintenance and repair responsibilities for the shared driveway. The Lot 1 owner will be providing the funding the future maintenance for this existing section of shared driveway on behalf of Lot 2. The driveway has a private access gate which requires a code to access but also allows the fire department to override the security measures. The existing shared access road varies from 12-15' feet in width with slopes that do not exceed 12%. The 7W Guest Ranch Minor Subdivision is within the Gypsum Fire Protection District. The District has a station (Station #23) at 600 Sweetwater Road to the north of the property from which trucks will be serving the property. The District Deputy Chief and Fire Marshall Justin Kirkland is familiar with the existing conditions of the property's driveway and County Road 151 up from Sweetwater Road . He has no objection to the addition of a driveway off of the existing ranch driveway to access the proposed Lot 2 "Ranch Manager Parcel". There will need to be a location to turn the fire trucks around near the proposed structure. The turnaround could be done with a hammerhead tee at the intersection of the Lot 2 driveway or with a turnaround at the future house if the driveway length is beyond the distance that the Fire Marshall is willing to back down the driveway . The Fire Marshall will review the future building permit application to determine where the fire truck turnaround will be and if pullouts will be required to allow passing along the driveway . The future building site has not yet been decided so it is not possible to prepare a design of the driveway at the Minor Subdivision stage of approvals . 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 Telephon e -970.945.8676 Fa x -970 .945.2555 www.hc eng.co m Page 2 of 4 7W Guest Ranch Minor Subdivision WATER The 7W Guest Ranch is currently served off a well on the proposed Lot 1. The proposed Lot 2 will be served off an existing well in the middle of the 3 acre parcel. The individual water demand of this lot will be typical of a single-family residence. Lot 2 can be expected to demand approximately 550 gallons/day based on a 3.0 persons/residence occupancy rate. The applicant is requesting that testing the production and water quality of this existing well be delayed until the building permit stage in order to avoid additional costs at this stage of the project. The owner of Lot 2 will be responsible for the construction costs, maintenance, and operation costs Lot 2 well and water supply infrastructure. The ranch manager will be the eventual resident and owner of Lot 2 and there is not the concern that this lot would be sold in the open market to a buyer unaware of the water supply in the area any subdivision waiver of testing prior to the creation of the lot. SEWER Lot 2 of the 7W Guest Ranch will be served by an independent Individual Sewage Disposal Systems (ISDS) from the rest of the property. The sewage generated by the lot will be typical of a single-family residential house. The owner of the future Lot 2 will be responsible for performing a soils suitability analysis of the proposed septic field location that will be used to complete an engineered ISDS system. The applicant is asking that the request of the County Staff to perform this study be waived during the Minor Subdivision process and delayed till building permit since a house location has not been established on the 3 acre parcel. The maintenance of the system will be the responsibility of the owner of Lot 2. SHALLOW UTILITY The 7W Guest Ranch Minor Subdivision already has electric serving the existing facilities on the proposed Lot 1. Electric service comes from the existing Holy Cross overhead power line extending from the northwest comer of the ranch. This line currently terminates at the existing ranch facilities. The applicant will be establishing a 20 foot wide Holy Cross overhead electric easement across the northeast comer of Lot 1 to the middle of the frontage of Lot 2. This easement may have to be relocated following construction of the constructed alignment does not follow the platted alignment. Since the Lot owner is also the ranch manager for Lot 1, the applicant is asking that the overhead electric easement satisfy the County that the access to power is provided to Lot 2 and that the applicant not be required to install the overhead line at the Minor Subdivision submittal stage. An existing telephone pedestal is in place along the existing ranch driveway. The applicant is proposing extending an underground telephone service line from this pedestal along the future driveway alignment. The 50 foot wide portion of Lot 1 from County Road 151 to Lot 2 is being proposed to provide a blanket utility easement for telephone service to Lot 2. The nearest existing telephone easement is a 15 foot wide Eagle Valley Telephone Company easement along County Road 151. There are not any natural gas service or distribution lines on the ranch and there are no plans to extend service up to this portion of County Road 151 in the future. 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 Telephone -970.945.8676 Fax -970.945.2555 www.hceng.com Page 3 of 4 7W Guest Ranch Minor Subdivision There is not cable television service available along this portion of County Road 151. Cable television will not be installed to serve the subdivision. IRRIGATION The existing irrigation usage on the ranch is for sprinklers on the lawn areas. Lot 2 will not be conveyed any existing irrigation water rights from Lot 1. The ranch manager does not plan on having any irrigated land within Lot 2. TRAFFIC IMP ACT FEES The Single-Family Detached Housing (210) trip generation chart from the ITE Trip Generation, 6th Edition was utilized to determine the ADT (average daily trips) for the proposed 3 acre lot. The average rate of trip generation for a single family residence is 9.57 trips. However, the creation of Lot 2 will likely reduce the number of trips on County Road 151 since this lot is intended for the Lot 1 ranch manager. The number of trips currently required to and from the ranch for work will be eliminated on County Road 151 but will be increased for the less frequent non-work related trips for a rural property of this nature. The applicant is asking for this fee be eliminated or reduced considering the unique scenario of the lot being for an employee of the larger ranch property. NATURAL HAZARDS OR GEOLOGICAL CONSTRAINTS The proposed Lot 2 is moderately sloped at about 15% and covered in brush vegetation. There are not any known hazards on or uphill of the property that should restrict where the house can be placed on the 3 acre lot. A geotechnical study of the future building footprint must be performed as part of the building permit process. EROSION CONTROL PLAN There is no need for an erosion control plan because there are no plans for subdivision improvements as part of the Minor Subdivision application. The work to provide utilities and access across Lot 1 will be done as part of the building permit and erosion control will be handled at that stage of review. Sincerely, Dan R. Dennison, P .E. High Country Engineering, Inc. 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 Telephone -970.945.8676 Fax -970.945.2555 www.hceng.com Page 4 of 4 7W Guest Ranch Minor Subdivision 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 Telephone -970.945.8676 Fax -970.945.2555 www.hceng.com County Garfield Date 06/23/14 Project Name 7W Guest Ranch Minor Subdivision APPLICANT (or Applicant's Authorized Representative responsible for paying CGS-review fee) Name 7W Guest Ranch, LLC Address P.O. Box 5259 Eagle, CO 81631 Ph. No. 970-524-9328 Reviews for Counties Fax No. __________ _ FEE SCHEDULE (effective June 1, 2009) 1 /4, 1 12, or'1/14 Sl1/i4SI~ Section(s) ~~ ---- Township ~I ---- Range i1W ----- Dec Lat ---- Dec Long ___ _ Small Subdivision (> 3 dwellings and < 100 acres) ......................................... $950 Large Subdivision (;:: 100 acres and < 500 acres) ....................................... $1,550 Very Large Subdivision (500 acres or more) ............................................... $2,500 Very small residential subdivisions (1-3 dwellings and< 100 acres) ................... $600 Reviews for Municipalities ......................................... At hourly rate of reviewer Special Reviews ....................................................... At hourly rate 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 C.R.S. 34-1-301 et seq. (House Bill 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 documents 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. Proper planning for geological conditions can help developers and future owners/users reduce unnecessary maintenance and/ or repair costs. Colorado Geological Survey· 1500 Illinois Street, Golden, CO 80401 ·Ph: 303-384-2655 ·Email: CGS_LUR@mines.edu • ColoradoGeologicalSurvey.org created 3/16/98, revised 11/21/2013 2 3 4 5 6 Asked Questions Regarding the CGS Land Use Review Process Why am I required to have a CGS review whe11 I already hired a11d paid for 111y own co11s11lta11t? In 1972, Senate Bill 35 was passed stating that any person or entity subdividing a property into parcels of 35 acres or less on unincorporated land 111ust subn1it geologic or geotechnical reports to the County as part of the preliminary plat application process. Municipalities or public agencies may request that CGS revicv/ a site, although these reviews are not governed by the statute. lVlty is a CGS review necessary when I already hired my own geologist? The CGS review is an independent third-party review that is done for the County, similar to the service a building inspector provides for construction review. The purpose of the CGS review is to ensure that all geologic concerns have been adequately identified and addressed in the geologic reports and that the proposed development is feasible. W/11; does CGS charge for la11d use reviews? Does11't taxpayer 111011ey pay for this service? CGS land use reviews are not subsidized through the general fund, although some other review agencies are supported by taxpayer money. In 1984 the state legislature decided that CGS reviews should be paid for with fees paid by the applicant of the proposed development so that taxpayers are not viewed as subsidizing development. Did the CGS geologist make a field visit to the site? A CGS geologist visits each site being reviewed. If the review is a re-submittal for a site that has been visited previously, a second site visit may not be necessary. If significant changes have occurred since the initial review, the site n1ay be visited again. Why is the CGS review letter so short and simple? What is my fee payi11gfor? Tlw CGS letter is a review of the geologic material submitted and reflects the level of detail contained in those documents. CGS does not offer designs, but rather ensures that the work that has been done is meaningful and adequate for the site conditions and proposed development. A site review that adequately addresses all the geologic conditions present at the site may be a short confirmation letter. If more work needs lo be done or if difficult site conditions are present, the letter may be longer. What type of i11fomrntio11 do I need to submit to CGS for a land use review? The more geologic information that is submitted to CGS, the easier it is for CGS to evaluate the property. The required documents may vary based on county requirements and the potential problems that may impact the proposed development. A topographic n1ap is essential. Also, infonnation regarding slope, surficial materials, subsurface materials and bedrock, presence of groundwater and depth, and specific geologic hazards should be included, where applicable. Grading plans, drainage plans, and geotechnical testing results are also very helpful for the review. The presence of geologic hazards should be evaluated with respect to the development plan. Also, the effect of development on geologic conditions should be discussed. The evaluation should include alternatives such as avoidance and mitigation techniques. 7 8 9 10 11 12 13 Tlze subdivision dow11 the road was approved, why wasn't mine? There could be several reasons: geologic conditions can change over short distances; subdivisions made prior to 1972 were not required to undergo a CGS review and may have not been evaluated for geologic suitability at all; the area down the road may be incorporated as part of a municipality, which exempts it from the CGS review process. Another consideration is that geologic reviews are continually evolving and site conditions that have been judged acceptable in the past may no longer be considered as such, based on the current understanding of the geologic processes and adverse impacts associated with them. Why are CGS reviews required even on low-density properties? Senate Bill 35 pertains to subdivisions of less than 35 acres. Geologic hazards can occur on large-scales or small-scales; relying on low-density subdivision can not mitigate all geologic hazards. For instance, entire hillsides might be prone to rockfall or landslide hazards. Large tracts of land may be subject to groundwater proble1ns. Why can't 1 just use the soil co11servation 111aps for a geologic report? The USDA soil conservation maps are a good start for geologic investigations, but do not contain sufficient detail on the possible geologic problems that may occur at any site. Aren't so111e of your review co111111e11ts beyond the scope of geologic hazards 0111ny site? Technically other agencies have regulatory authority regarding issues such as flood plains, groundwater availability and wildfire, but these issues are also important factors in the overall geologic context of the site and may affect geologic hazards on the site. The mention of a condition in the CGS review letter is not intended to influence the statutory authority of any other agency, but rather to ensure that all parties are aware of a potentially problematic geologic condition. For instance, mention of a situation involving a major drainage is a flag that the U.S. Army Corps of Engineers or the Colorado Water Conservation Board should be reviewing development plans. When I bought this property, no 011e told 111e about any geologic liazards on the site; can 1 go back to the previous ow11ers so111eho1u? CGS can not give legal advice. If the seller was aware of adverse conditions with respect to the proposed use, this should have been disclosed. A legal opinion should be sought. Can I get a waiver from having tl1e CGS do a review? The discretion to grant waivers is vested by law with the counties. Once an application for review is submitted to CGS, we are under a statutory responsibility to respond. I am willing to accept the risk associated with my property - why is it anyone's business what I do with my ow11 land? The presumption associated with a subdivision is that portions of the property will be sold to others. This then assigns any risk to future buyers, and the county is required to protect their interests. Senate Bill 35 addresses a wide variety of land use issues as well as geologic suitability in an attempt to provide information so that the overall appropriateness of the subdivision proposal can be evaluated. F E E I EE Form No. GWS-25 COLORADO DIVISION OF WATER RESOU 818 Centennial Bldg., 1313 Sherman St, Denver, Colorado 80203 (303) 866-3581 WELL PERMIT NUMBER 289432 ~~~~~-'-"-~~~~ APPLICANT BRIAN WIDHALM 1121 SWEETWATER ROAD GYPSUM, CO 81637- DIV. 5 WD53 DES. BASIN MD APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 SE 1/4 Section 21 Township 3 S Range 87 W Sixth P.M. DISTANCES FROM SECTION LINES Ft. from Ft. from Section Line Section Line 1095 (970) 524-9328 UTM COORDINATES (Meters,Zone:13,NAD83) PERMIT TO CONSTRUCT A ~ELL ··---Easting: _N_o_rt._hi_n_g_·-----~ ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b){I) for uses as described in CRS 37-92-602{1)(f). Use of this well is limited to monitoring water levels and/or water quality sampling. This well is known as Widhalm Monitoring/observation Well no. 1. 4) This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well. The well must be kept capped and locked at all times except during sampling or measuring. 5) Records of water level measurements and water quality analyses shall be maintained by the well owner and submitted to the Division of Water Resources upon request. 6) Upon conclusion of the monitoring program the well owner shall plug this well in accordance with Rule 16 of the Water Well Construction Rules. A Well Abandonment Report must be completed and submitted to the Division of Water Resources within 60 days of plugging. 7) The owner shall mark 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. 8) This well must be constructed by or under the supervision of a licensed well driller or other authorized individual according to the Water Well Construction Rules. If non-standard construction is anticipated, a variance request must be submitted in accordance with Rule 18 and approved prior to well construction. 9) A Well Construction and Test Report (Form GWS-31), including lithologic log must be submitted by the individual authorized to construct the well. For non-standard construction, the report must include an as-built drawing showing details such as depth, casing, perforated zones, and a description of the grouting type and interval. 1 O) Pursuant to Rule 6.2.3 of the Water Well Construction Rules. the well construction contractor shall submit the as-built well location on work reports required by Rule 17.3 within 60 days of completion of the well. The measured location must be accurate to 200 feet of the actual location. The location information must include a GPS location (UTM coordinates) pursuant to the Division of Water Resources' guidelines. NOTE: Issuance of this permit does not guarantee that this well can be converted to a production well under a future permit. Additionally, pursuant to Rule 14.2 of the Water Well Construction Rules (2 CCR 402-2), monitoring holes constructed pursuant to a monitoring hole notice shall not be converted to a production well. (Upon obtaining a permit from the State Engineer, a monitoring hole may be converted to a monitoring well, recovery well for remediation of the aquifer, or a dewatering system for dewatering the aquifer.) NOTE: Parcel Identification Number (PIN): 23-1863-281-00-118 ./)--~ "1i.--...- NOTE: Assessor Tax Schedule Number: R045115 (totaling 218.254 acres) APPROVED DMW Receiot No. 9503620 State Engineer'· DATE ISSUED 09-18-2012 By EXPIRATION DATE 09-18-2014 From:Julie Hanson To:"David Pesnichak" Subject:RE: 7W Guest Ranch Date:Tuesday, November 11, 2014 10:40:00 AM Attachments:Payment Agreement Form.pdf Utility Access Easement legal description.docx image001.png Water Information.pdf Drainage Map.pdf 7W Plat.pdf Adjoining Neighborrs.docx Fplat-1.pdf Fplat-2.pdf Utility Map.pdf Vicinity Map.pdf Engineer"s Letter.pdf Hi Dave: I have attached some supplemental materials for the 7W Guest Ranch application. Attached are as follows: ·Payment Application Form ·Legal Description for Easement ·Information re water for remainder parcel ·Drainage Map ·7-W Ranch Final Plat ·200’ Neighbors ·Revised Plat ·Utility Map ·Vicinity Map ·Revised Engineer’s Letter We are still working on getting the exempt well permit for the smaller lot and a couple of other items from the August 11 letter. Thanks, Julie Please note new e-mail address: jhanson@bch-law.com Julie S. Hanson Beattie, Chadwick & Houpt, LLP 932 Cooper Avenue Glenwood Springs, CO 81601 Tel: (970) 945-8659 Fax: (970) 945-8671 jhanson@bch-law.com www.bch-law.com _______________________________________ This message contains information which may be confidential and privileged under the attorney-client privilege, the work product privilege, or both. Unless you are the addressee (or authorized to receive for the addressee), you may not use, copy or disclose to anyone the message or any information contained in the message. If you have received the message in error, please advise the sender by reply e-mail, and delete the message. Thank you very much. From: David Pesnichak [mailto:dpesnichak@garfield-county.com] Sent: Tuesday, October 07, 2014 4:02 PM cG Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT') _1~W=---_a_P"_cl-____ _ ______________________________ agree as follows : 1. The Applicant has submitted to the County an application for the following Project: __ _ 1 iJ vY1 k>A•d S.11 b ·cl,._·l/1 -J1 uV\ 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 Divi sion of Land . I hereby agree to pay all fees related to this application: Billing Contact Person : eYl 611\ w I J.1 ~ Billing Contact Addres s: I I 2. i Si,J..l u },A.J Je..L Q) City: ~p ~ Phone: ( 910 ) )2 j-S 00 '7 :fu ~ Stat e : W Zip Code : fJ / fo 3 J Billing Contact Email:------------------------------ (Signature) (Date) LOT 2 - UTILITY AND ACCESS EASEMENT A STRIP OF LAND SITUATED IN THE SECTIONS 21 AND 22, TOWNSHIP 3 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUTNY OF GARFIELD, STATE OF COLORADO; SAID STRIP OF LAND BEING MORE PARTICULARLLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 28, THENCE N27°17’17”W A DISTANCE OF 932.63 TO THE POINT OF BEGINNING; THENCE N35°05’10”W A DISTANCE OF 50.11 FEET TO A POINT ON THE NORTHWESTERLY LINE OF A THIRTY FOOT (30) WIDE ACCESS EASEMENT RECORDED AS RECEPTION NOS. 341704 AND 453014; THENCE ALONG SAID NORTHWESTERLY LINE FOLLOWING TWELVE (12) COURSES: 1) N54°54'50"E 208.56 FEET; 2) N46°37'11"E 213.60 FEET; 3) N36°23'47"E 191.53 FEET; 4) N45°49'11"E 211.28 FEET; 5) N29°55'39"E 242.58 FEET; 6) N11°15'30"E 183.64 FEET; 7) N22°47'35"E 178.02 FEET; 8) N12°05'14"E 42.07 FEET; 9) N07°02'30"W 36.22 FEET; 10) N28°16'15"W 86.07 FEET; 11) N06°31'16"W 37.29 FEET; 12) N28°59'33"E 44.01 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 151; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE THE FOLLOWING TWO (2) COURSES: 1) 65.90 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 420.00 FEET, A CENTRAL ANGLE OF 08°59'22", AND A CHORD THAT BEARS S82°01'42"E 65.83 FEET; 2) 26.32 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 148.83 FEET, A CENTRAL ANGLE OF 10°08'03", AND A CHORD THAT BEARS S81°27 '21"E 26.29 FEET TO THE NORTHEASTERLY CORNER OF THE SOUTH PARCEL OF THE FINAL PLAT OF 7-W RANCH RECORDED AS RECEPTION NO. 745515 IN THE GARFIELD COUNTY CLERK AND RECORDER’S OFFICE; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE ALONG THE EASTERLY BOUNDARY LINE OF SAID SOUTH PARCEL THE FOLLOWING (11) COURSES: 1) S67°10'18"W 58.38 FEET; 2) S28°59'33"W 14.90 FEET; 3) S06°31'16"E 11.68 FEET 4) S28°16'15"E 85.84 FEET; 5) S07°02'30"E 54.02 FEET; 6) S12°05'14"W 55.18 FEET; 7) S22°47'35"W 177.66 FEET; 8) S11°15'30"W 186.81 FEET; 9) S29°55'39"W 257.98 FEET; 10) S45°48'41"W 214.13 FEET; 11) S36°23'47"W 3.22 FEET; THENCE LEAVING SAID EASTERLY BOUNDARY S36°23’51”W A DISTANCE OF 188.66 FEET; THENCE S46°37’11”W A DISTANCE OF 221.70 FEET; THENCE S54°54’50”W A DISTANCE OF 212.19 FEET TO THE POINT OF BEGINNING. FO~M MO. v GblS·32 PUMP INSTAUAllON AND TEST REPORT For Offic8 Uu only c..(_ 11i90 STATE 0F'C0LORADO, OFFICE OF THE STATE ENGINEER REC£1VED 1. WELL PERMIT NUMBER 166915 ocr 12 '94 2. OWNER NAME(S) John A. Mills WA~' Mailing Address 2500 County RoaC:I Isl City, St. Z!fi Gypsum, ~o Biii~7 Phone ( 03 ) 524-9662 3. WELL LOCA TlON AS DRILLED: NE 1/4 NE 1/4, sec. 28 Twp. 3 _s_. ,Range 87 w DISTANCES FROM SEC. LINES: 849 ft. from N Sec. line. and 1090 ft from E Sec. fine. (i10i1!i 0( eooth) (east 0( west) SUBDIVISION: LOT __ BLOCK FIUNG(UNl11 STREET ADDRESS AT WELL LOCATION: 4. PUMP DATA: Type SumersibJ.e Installation Completed 8LllL94 Pump Manufacturer Staright Pump Model No. 910934205 Design GPM ll _ at RPM ~B:2Q , HP 1 Volts ~30 , Full Load Amps 12 I Pump Intake Depth 70 Feet, Drop/Column Pipe Size I 1" Inches, Kind P~~ SCli BO I ADDITIONAL INFORMATION FOR PUMPS GREATER THAT 50 GPM: TURBINE DRIVER TYPE: D Electric D Engine Oother Design Head feet, Number of Stages I Shaft size inches. 5. OTHER EQUIPMENT: Airline lnStalled D Yes D No, Orifice Depth ft Monitor Tube Installed D Yes D No, Depth ft. Flow Meter Mfg. Meter Serial No. Meter Readout D Gallons, 0 Thousand Gallons, 0 Acre feet, 0 Beginning Reading 6. TEST DATA: D Check box if Test data is submitted on Supplemental Form. Date 6-30-92 Total Well Depth 9Q' Time 2;15 PM Static Level 32' Rate (GPM) 50 Date Measured 6-30-22 Pumping Lvl. fiQ I 7. DISINFECTION: Type ~hlorox Amt Used 2 CUES 8. Water Quality analysis available. 0 Yes 0No 9. Remarks In§tgJ.led b~ Owner ~ o. f have read the statements made herein and know the contents thereof, and that they are true to my knowledge [Pursuant to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury in the seconc degree and is punishable as a class 1 misdemeanor.] . CONTRACTOR Phone.(__) Lie. No. Mailing Address ./ I Name/Trtle (Please type or print) ~£~_-/ Date John A. Mills 10-4-94 INSTRUCTIONS FOR PUMP INSTAllATION REPORT The report must be typed or printed in BLACK INK All changes on the form must be initialed and dated. Att41ch additional sheets if more space is required. Each additional sheet must be identified at the top by the well owner's name, the permit number, form name/number and a sequential page number. Report depths in feet below gro8nd surface. I This form may be reproduced by photocopy methods, or by computer generation with prior approval by the State E . I ng1neer. : I ·The original and one copy ct this form must be submitted to the State'' Engineer's Office within 60 days after compl~ng the well or 1 days after the permit ecpiration date. whichever is earfier. Another copy of the form must be provi~ed to the well owner. 1 I If this fonn is submitted in conjunction with the WeD Completion and Test Report, foon number GWS-31, ONLY THE PERMIT NUMBER AND OWNER NAME NEED TO BE COMPLETED in items 1 and 2. I 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Complete the Permit Number in tull. -Fill in Name anc:tMaif'111g Address·~ WeO Owner-where correspondence should be sent. I Complete the blocks for the actual location of the well. For wells located in subdivisions the lot, block and subdivision information must also be provided. I Indicate the type of pump installed and complete the requested information. When installing pumps grekter than 50 gpm, complete the additional information in this area : I Provide the information on other equipment which may be installed in the well. 1 Report test data as required by Rule 13.9. Spaces are provi.ded to report all measurements made duringJthe test. The report should show that the test complied with the provisions of the rules. If a test was not performed explain when it will be done. If available, report clock time when measurements were taken. r Record the type and the amount of disinfection uSed, how placed and the length of time left in the hole.! ! Indicate if a water quality analysis was performed and submit a copy of the report if available. ' ' r Use the remarks area to note any additional information including additional equipment installed, water subpty construction problems. r Fill in Company Name and Address ct Coi lba::tur who constructed the well. The report must be signed by; the licenSed contractor responsible for the installation of pumping equipment. I FORM NO. ' WELL CONSTRUCTION AND TEST REPORT , ' For Olf!OO Use only G'.JS-31 . STATE OF COLORADO, OFFICE OF THE STATE ENGINEER p,=<:~: '. ·_j 11/90 0 1. WELL PERMIT NUMBER 166915 JAN.2 9'93 2. OWNER NAME(S) John Mills Mailing Address P.O. Box 2281 .,,,\TGl f'.!:>~Ufl~liS .. '.YATE f:NQ!Nf£R City, St. Zip Midland. TX 79702 COLO. Phone ( ) 3. WELL LOCATION AS DRILLED: NE 1/4 NE 1/4, Sec. 28 Twp. 3 s __ ,Range 87 w DISTANCES FROM SEC. LINES: 849 ft. from North Sec. line. and 1090 ft. from East Sec. fine. OR (north or south) (east or west) SUBDIVISION: LOT __ BLOCK FILING(UNIT) STREET ADDRESS AT WELL LOCATION: 4. GROUND SURFACE ELEVATION ft. DRILLING METHOD rotary DATE COMPLETED June 30, 1992 . TOTAL DEPTH 90 ft. DEPTH COMPLETED 90 ft. 5. GEOLOGIC LOG: 6. HOLE DIAM. (in.) From (ft) To (ft) Depth Descripllon of Material (Type, Size. Color, Wa!M Location) 9 0 24 ti I72 22'.j: 90 7. PLAIN CASING OD On) Kind Wall Size From(ft) To(ft) 0 to 18 feet -fill 7 steel .231 0 24 18 to 90 feet -saod~ sbaJe 5 1/2 :QVC sch 40 20 30 ----PERF. CASING: Screen Slot Size: 1.1zater: at 55 feet UR :QVC sch 40 30 90 ---- 8. FILTER PACK: 9. PACKER PLACEMENT: Material Type Size lmerval Depth 10. GROUTING RECORD: Material Amount Density lnteNal Placement REMARKS: cement 2 sacks 10 to 24 gravity 7 gal/sack ~1 DISINFECTION: Type clorox Amt. Used 1 cup ~2 WELL TEST DATA: D Check box if Test Data is submitted on Supplemental Form. TESTING METHOD air Static Level 32 ft. Date/Time measured June 30, I992 , Production Rate so gpm. Pumping level ft. Date/Time measured , Test length (hrs.) L Remarks ~ 3. I he.ve read the statemenlll made herein and know the contents thereof, and that they are true to my knowledge. [Pursuant to ~on 2<1-4-104 (13)(8) C.R.S., the makin1 of false 5talemenlll herein constitutes perjury in the second degree and is punishable as a class 1 misdemeanor.) CONTRACTOR r~ldeo Eagl~ Drilling Co!J2. Phone L....J 303-668-3564 Uc. No. 388 Mailing Address E.O. BQX ~zs. E.ds~Q. co 80443 Name/Trtle (Please ~pe or ~m) . Si\:( A Date Joe W. She ton, esident Le, ;/ r f, Q-,,2..<f ---'l.3 /- ,, I .· INSTRUCTIONS FOR WELL CONSTRUCTION AND TEST REPORT The report must be typed or printed in BLACK INK. All changes on the form must be initialed and dated. Att~ch additional sheets if more space is required. Each additional sheet must be identified at the top by the well owne,r's name, the permit number, form name/number and a sequential page number. Report depths in feet below ground surface. I This form may be reproduced by photocopy methods, or by computer generation with prior approval by the State , I Engineer. The original and one copy of this form must be submitted to the State Engineer's Office within 60 days after oompleti,ng the well or 7 ·days after the permit expiration date, whichever is earlier. Another copy of the form must be provid~d to the well owner. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Complete the Well Permit Number in full. Fill In Name and Mailing Address of Well Owner where correspondence should be sent. . I Complete the blocks for the actual location of the well where drilled. If the owner has more than one ~ell serving this property, provide the identification (Owner's Designation) for this well. DO NOT USE THE OWNER SUPPLIED LOCATION unless a survey has been provided. For wells located in subdivisions the lot, block and subdivision information must also be provided. 1 Report the ground surface elevation in feet above sea level if available. This value may be obtained froJ. a topographic map. Describe the drilling method used to conStruct the well and the date completed. lndic~e the total depth drilled and the actual completed depth of the well. : I Fully describe the materials encountered in drilling. Do not use formation names unless they are in conjunctibn with a description of materials. ' i Examples of descriptive terms include: 1· Grain size--Boulders, gravel, sand, silt, clay. 1 Hardness--Loose, soft, tight, hard, very hard. Color--All materials. Most critical in sedimentary rock. Depth when water is encountered (if it can be deterrpined). Provide the diameters of the drilled bore hole. The outside diameter, kind, wall thickness and interval of casing iengths must be indicated. Indicate the type and size of filter (grave~ pack and the interval where placed. Indicate the type and setting depth for any packers installed; The density of the grout slurry must be reported and may be indicated as pounds per gallon, gallons of water per sack, total gallons of water and number of sacks used, etc; Specify the grout placement method, I.e. trerrtie pipe or positive displacement. The percentage of additives mixed with the grout should be reported under remarks. . i i Record the type and the amount of disinfection used, how placed and the length of time left in the hole. [: Report well test data as required by Rule 10.7. Spaces are provided to report all measurements made during the test. The report should show that the test complied with the provisions of the rules. If a test was not performed explain when it will be done. If available, report clock time when measurements were taken. I f Fill in Company Name and Address of Contractor who constructed the well. The report must be signed by the licensed contractor responsible for the construction of the well. 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 WEU. PERMIT NUMBER 166915 DIV. 5 CNTY. 23 WO 53 DES. BASIN Lot: Block: Filing: Subdiv: APPROVED WELL LOCATION GARFIELD COUNTY 388 MD JOHN MILLS NE 1/4 Twp 3S NE 1/4 Section 28 P 0 BOX 2281 MIDLAND TX 79702 PERMIT TO CONSTRUCT A WEU. RANGE 87 W 6th P.M. DISTJi;NCES FROM SECilON LINES 849 Ft. from 1 090 Ft. from North Section Line East Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDmONS OF .APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction and Pump Installation Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 17. 3) Approved pursuant to CRS 37-92-602(3)(b)(ll)(A} as the only well on a tract of land of 40 acres described as the NE 1/4 of the NE 1/4 of Sec. 28, Twp. 3 South, Rng. 87 West of the 6th P.M., Garfield County. 4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside one (1) single family dwelling, the irrigation of not more than one acre of home gardens and lawns, and the watering of domestic animals. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The return flow from the use of the 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 localed. 7) This well shall be constructed not more than 200 feet from the location specified on this permit. 8) Monitoring hole no. MH-19250, was acknowledged on June 15, 1992. ~J) 10 -r <r-~;t State Engl.-r ~ fftLtlv~ Receipt No. 0341411 DATE ISSUED OCT 21 1992 EXPIRATION DATE OCT 21 1994 :S1-<...., I • WRJ-5-Rcv'. 76 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado S~ PERMIT APPLICATION FORIVI .r Cf."fi~ Application must be complete where applicable. Type or print in~ INK. No oversttleS ~rasures unless initialed. ( X) A PERMIT TO USE GROUND WATER J~ } 5. til ( X) A PERMIT TO CONSTRUCT A WEL~ ~,(' ..,~6 ~/an FOR: ( X) A PERMIT TO INSTALL A PUMP ~~Pif:_, 0-t(' ~,.-.~!." ~ ( ) REPLACEMENT FOR NO. Oo1(;1J·A'fr:.-s ll'lliit:'fl i;.~~•vv v _ ~t\'ffi E?-:-:_11 JLL d COLO ( X) OTHER MH-19250 . " WATER COURT CASE NQ, ________ _ /rf/f?/S~ (1) APPLICANT· mailing address FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN NAME John Mills Receipt No. J.c/I cJ~L I STREET P.O. Box 2281 Basin Dist. CITY Midland, Texas 79702 (State) (Zip) CONDITIONS OF APPBOVAL TELEPHONE NQ_915-6 S2-63 7l This well shall be used in such a way as to cause no material injury to existing water rights. The (2) LOCATION OF PROPOSED WELL issuance of the permit does not assure the applicant that no injury will occur to another vested water Garfield right or preclude another owner of a vested water County right from seeking relief in a civil court action. / NE ~ of the· NE '!.,Section 28 J (Jelf/ ! /i/v (_ _:_J/ s & h lj<:. -!/,_ '-.1 Ov ,.-, Twp. 3 S_, Rng. 87 w 6th P.M. /flf/ /)LSD /l~;~/~ clr'J-fv)v -· tN,SI IE.WI I I (3) WATER USE AND WELL DATA ploNeJ/ r·'°'f.fr Proposed maximum pumping rate (gpm) 15 /O"f6.[Cj Average annual amount of ground water 1 to be appropriated (acre-feet): Number of acres to be irrigated: 1 Proposed total depth (feet): 90 51 & Aquifer ground water is to be obtained from: Bedrock Owner's well designation 7W #1 GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY -no irrigation (0) (XX DOMESTIC (1) ( ) INDUSTRIAL (5) ( ) LIVESTOCK (2) ( ) IRRIGATION (6) ( ) COMMERCIAL (4) ( ) MUNICIPAL (8) / ( l OTHER (9) APPLICATION APPROVED DETAIL THE USE ON BACK IN (11) PERMIT NUMBER (4) DRILLER DATE ISSUED Name Golden Eagle Drilling Corp. EXPIRATION DATE Street P.O. Box 475 Frisco, Colorado 80443 City (STATE ENGINEER) (State) (Zip) 303-668-3564 Lie. No. 388 BY Telephone No. < c23 l.D. COUNTY 0..3 I l x E: (5) THE LOCATION OF THE PROPOSED WELL and the area ori (6) THE WELL MUST BE LOCATED B.ELOW' which the water will be used must be indicated on the diagram below. by distances from section lines. ' Use the CENTER SECTION ( 1 section, 640 acres) for the well location. 848.61 North I, -·+ +-+-+--~ + + ft. from sec~ I ine + --t----{north or south) I I f~--1MILE,5280 FEET·----+ I I 1090.19 ft. from East sec:. line (east or west) 11 + + + + + + + + t LOT BLOCK FILING# I. I ' I 1· I I NORTH SECTION LINE SUBDIVISION -1--1-I -+ -+ --I I I . 1 I .l. I' (7) TRACT QN WHICH WELL WILL B~ I +x. LOCATED Owner: same i +-NORTH+ w -+------m + + f/'2. I' z :I> H :i (/') No. of acres ~ ~. Will th!s be I I i -I I the only well on this tract? ':j._C. S: >P ~ z (/') I 0 m +-i=-I I n ...+-+ + -I -u I 0 (8) PROPOSED CASING PROGRAM w I (/') I I 2 I .... !:: Plain Casing ! + 11-+-·--~ ~----r I -~~ . +--~r--_.·,~ ~ --1==-----.. ·:-_._ -----0= ------24·-I m. from ft. to I• ft. -I '1 I I 5 1/2 20 30 I in. from ft. to ft. + -+ -I I --+---t Perforated casing i SOUTH SECTION LINE I I I 5 ll'.2 in. from 30 90 1. I ft. to r ft. + + + + + ' -+ + + in. from l + ft. to :1:. I I I I I (9) FOR REPLACEMENT WELLSgivedistance I + --+ + + + + + + and direction from old well and plans for plugging ------+--it: ! I The scale of the diagram is 2 inches = 1 mile I Each small square represents 40 acres. I WATER EQUIVALENTS TABLE (Rounded Figures} I An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second lcfs) ... 449 gallons per minute {gpm) I A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot . . 43,560 cubic feet ... 325,900 gallons. I 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. i (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s): same No. of acres: __ 4_0 _____ __,, __ Legal description: NE\ of tlB NE\, S2c 28, Tup 3S, A:F; 8/W?st, 6th P.M., Grrfield Chnt:y _ (11} DET Al LED DESCRIPTION _p_f the us!LQf groyn9_wat~r: • Hou!_ehold use '!nd domestic wells must indicate type of di~posal -;;;%1ffi¥1t~i~?f~Ei:~e (12) OTHER WATER RIGHTS used on this land, including wells. (Jive Registration and Water Court Case Numbers) Type or right Used for (purpose) Description of land on which used (13) THE APPLICANT(S} STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF i.llS KNOWLEDGE. ~A_~ st<VLJREOF APPL/CANT(S) Use additional sheets of paper if m~re space is required. ! i I. -W 7W Guest Ranch Experience chc Colorado Rockies year round July 13, 1992 Re:Permits Colorado Division of Water Resources 818 Centennial Bldg. 1313 Sherman St. Denver, Colorado 80203 Gentlemen: RANCH ADDRESS 341 2 County Road I 5 I Gypsum, Colorado 81637 (303) 524·9328 OFFICE ADDRESS P.O. Box 2281 Midland, Texas 79702 (915) 682-6371 Attached hereto is a permit application form along with my $60 fee for various permits. Your consideration is greatly appreciated. Yours very truly, ~~~ JAM:ah i ... ·-W1w Guest Ranch RANCH ADDRESS 3412 County Road l 51 Gypsum, Colorado 81637 (303) 524-9328 Experience the Colorado Rockies year round July 13, 1992 Re:Permits Colorado Division of Water Resources 818 Centennial Bldg. 1313 Sherman St. Denver, Colorado 80203 Gentlemen: OFFICE ADDRESS P.O. Box 2281 Midland, Texas 79702 (915) 682-6371 Attached hereto is a permit application form along with my $60 fee for various permits. Your consideration is greatly appreciated. Yours very truly, ~'::~ JAM:ah Application must be complete where applicable. Type or print in<J3LA~9 INK. No overstri es or erasures unless initialed. COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Cen11er, Colorado 8~ l'ft-(-·r~ PERMIT APPLICATION FORM '-'i'Jf.i('~ . '1. . "<) ( Xl A PERMIT TO USE GROUND WATER u/Jz j r: f.il-(XI A PERMIT TO CONSTRUCT A WEL~ ~· -f~Q J.u.. FOR: ( Xl A PERMIT TO INSTALL A PUMP ~:;;~1:/:-... .. ( ) REPLACEMENT FOR NO. Co·''•.:,:;.·. s- ( X) OTHER· MH-19250 WATER COURT CASE NO·--------- (1) APPLICANT· mailing address FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN NAME John Mills Receipt No. ~l/.I <j!./. I STREET P.O. Box 2281 Basin Dist. CITY -Midland, Texas 79702 (State) (Zip) CONDITIONS OF APPRO~AL TELEPHONE N0.915-682-6371 This well shall be used in such a way as to cause no material injury to existing water rights. The (2} LOCATION OF PROPOSED WELL issuance of the permit does not assure the applicant that no injury will occur to another vested water Garfield right or preclude another owner of a vested water County right from seeking relief in a civil court action. NE ~ NE 28 ' (If . : Y. of the 14, Section ' ' ' .. i) J' Le·. ·.::i.. ... •· -_, . ' 3 S_, Rng. 87 w 6th ' Twp. _, P.M. tN,SI IE.WI (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) 15 Average annual amount of ground water 1 .1_-._ .. '· to be appropriated (acre-feet): 1 - Number of acres to be irrigated: Proposed total depth (feet I: 90 ~Aquifer ground water is to be obtained from: Bedrock Owner's well designation 7W #1 GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY -no irrigation (01 rx:x DOMESTIC (11 ( ) INDUSTRIAL (5) ( ) LIVESTOCK (2) ( I IRRIGATION (6) ( ) COMMERCIAL (4) ( ) MUNICIPAL (8) / ( ) OTHER (9) APPLICATION APPROVED DETAIL THE USE ON BACK IN (11) PERMIT NUMBER -(4) DRILLER DATE ISSUED Name Golden Eagle Drilling Corp. EXP! RATION DA TE Street P.O. Box 475 City Frisco, Colorado 80443 (STATE ENGINEER) (State) (Zip) 303-668-3564 Lie. No. 388 BY Telephone No. < l.D. COUNTY ::23 S--3 " ,. (5) THE LOCATION OF THE PROPOSED WELL and the area bn (6) THE WELL MUST BE LOCATED ·BELOW which the water will be used must be indicated on the diagram below. by distances from section lines. Use the CENTER SECTION (1 section, 640 acres) for the well location. 848.61 -+ +---+--+-+ -+ + ft. from North sec. line + -+ ---(north or south> I ~-4-----1 MILE, 5280 FEET I l 1090.19 ft. from East i . sec. line ' (east or west) t + + + + + + + + .. I I LOT BLOCK FILING# I I . I I· I I I SUBDIVISION I + ~-I NORTH SECTION LINE -+ -+ '· --I I I I .!. I (7) TRACT ON WHICH WELL WILL BE I LOCATED I I Owner: same w --_,__ --m I• +x, 1 NORTH+ + + + T , 2 l> No. of acres . Will this be ) ' (/l ..J -j J I i I 2 (/l I the only well on this tract? i: 0 m + j::: I I n -1-+ I ..... + j -(,) I (8) PROPOSED CASING PROGRAM I w 0 I (,/) I I z I I-Plain Casing i fJl r + I I w -t-+-z . I ! +-s: ,__ -----m + t -; in. from 0 24 i ft. to ft. r I ~ I i j 5 1/2 in. from 20 ft. to 30 ft. +--+ -I I --+ --t Perforated casing I SOUTH SECTION LINE . I I I I 5 1L2 30 ft. to 90 I ft. \.I in. from I f + + + + + -+ -+ + + in. from ft. to j ~t. " I I I I I (9) FOR REPLACEMENT WELLS give distance I ' --1--+ -+ + and direction from old well and plans for plugging + + + ~ ----+--it: I I The scale of the diagram is 2 inches = 1 mite I Each small square represents 40 acres. I· I WATER EQUIVALENTS TABLE (Rounded Figures) i An acre-foot cavers 1 acre of land 1 foot deep .. 1 cubic foot per second {cfs) ... 449 gallons per mif1<;!te (gpm) I A family of 5 will require approximately 1 acre-foot of water per year. -. I 1 acre·faot ... 43,560 cubic feet ... 325.900 gal Ions. I 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. j (10) LAND ON WHICH GROUND WATER WILL BE USED: Ownedsl: same No. of acres: __ 4_o _____ -c--- Legal description: IB \of tre IB \, ~ 28, Tup 3S, Rg 87W2st, 6th P.M., G:trfield Chnty (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. Domestic use -Septic-leach fei ld as required by i . Garfield county, Coloradn I (12) OTHER WATER RIGHTS used on this land. including wells. Give Registration and Water Court Case Number's. (' i Type or right Used for (purpose) Description of land on which used N 1A (13) THE APPLICANT($) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF bf IS KNOWLEDGE. ~//_~ s1CVUfiEOFAPPL ICANT(S) Use additional sheets of paper if more space is required. ••• <• • •• -:-···-·· INVESTMENTS, INC. , .-. .. 'I PO. Box 2281 • Midland, Texas 79702 • (915) 682-6371 -_r., : . . ~. , · ... '· ':. August 26, 1992 Office Of The State Engineer Division of Water Resources 1313 Sherman St. -Room 818 Denver, Colorado 80203 Re: Receipt No. 341411 Gentlemen: Attn: Mr. D. William Mccaw Attached hereto in accordance with your letter of 8/20/92 is an amended application. I believe I have now complied with the necessary requirements. Your consideration of this application is greatly appreciated. Yours very truly, •I'/ . • '--)"! 1 . I ; ti~ --t-l ' ' -c ( . John A. Mills JAM:ah INVESTMENTS, INC. P.O. Box 2281 • Midland, Texas 79702 • (915) 682-6371 AUG 23'92 WATffi F:EWU~CES STATE E!4~NE.ER COLO. August 26, 1992 Office Of The State Engineer Division of Water Resources 1313 Sherman St. -Room 818 Denver, Colorado 80203 Re: Receipt No. 341411 Gentlemen: Attn: Mr. D. William Mccaw Attached hereto in accordance with your letter of 8/20/92 is an amended application. I believe I have now complied with the necessary requirements. Your consideration of this application is greatly appreciated. JAM:ah ROY ROMER Governor Jolm Mills P.O. Box 2281 Midland, Texas 79702 Dear Mr. Mills; OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 FAX (303] 866-3589 August 20, 1992 RE: Receipt No. 341411 HAROLD (HAU D. SIMPSON State Engineer The enclosed app_lication for a well pennit is being returned to you. Before further evaluation can be completed the following corrections/clarifications are needed: 1.) Block 7 must be completed. In addition to the "number of acres", please indicate if this will be the only well on the tract. 2.) A detailed description of the use of the water must be provided in Block 11. Is the water to be used in a single family dwelling(s)? If it is, how many? Is it to be used in a commercial application such as a lodge or rental cabins, etc.? ·-· As indicated in Block 3, there is to be irrigation of lawn/ garden. In addition to the number and type of dwellings, "irrigation of lawn/garden" should be included in the use description. Lastly, you should also note if there will be watering of domestic animals. ALL CORRECJIONS MUST BE IN BLACK INK, INI'IlALED 1\ND DATED. Should you have any questions or need of assistance, please feel free to contact either Dwight Whitehead in the Glenwood Springs office (945-5665) or this office at the letterhead address/telephone number. enclosure cc: wellfile Dwight Whitehead, Division 5 Sincerely D. William Mccaw Engineering Technician ~l~~~ :~one(_) LQ38. ~ [\S Area Code Number Extension TELEPHONED l\. PLEASE CALL )( CALLED TO SEE YOU 'WILL CALL AGAIN WANTS TO SEE YOU URGENT I RETURNED YOUR CALL I I Message /o -(1-'f,';i... fra_.,.,.(~ GM (.vw.s vJe -&me If.,:, 1.ved w//( ~ m. 9he Srt;;f<. /bv..l't cf~C?J -a s t{ l.e.s ·k J '""" 'fl? i, c,,/,llvl . G ,J(_. ' reorder 23-701 . ?> Operator J · I .' ·c 1· . '• . ~~~~~ :~one(_) L038 ~ [(5 Area Code Number Extension IELEPHONED 17' PLEASE CALL fX CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT I RETURNED YOUR CALL I I reorder 23-701 • r STATE OF COLOAADO OFFICE Of THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1 313 Sherman Street, Room 818 Denver, Colorado 80203 Phone{303)866-3581 FAX (303) 866-3589 MEMORANDUM September 23, 1992 TO: FROM: FRANK SCHAFFNER, WATER COMMISSIONER -DlSTRtCTS 52/53 JEFF DEATHERAGE, ENGINEER ~1) Roy Romer Governor Ken S;ilazar Ex~cutive Director Hat D. Simpson State Engineer SUBJECT: FIELD INSPECTION FOR WELL PERMIT APPLICATION RECEIPT NO. 341411 A well permit application (copy enclosed) has been received from Mr. John Mills of Midland, Texas, On the application Mr. Mills has indicated this well is to be used for domestic purposes in one single family dwelling, and will be the only well on the NE 1/4 of the NE 1/4 of Sec. 28, Twp. 3 S., Ang. 87 W. Although we see no problem with the application as it has been submitted, we would like to verify if the proposed uses appear correct. The letter submitted by Mr. Mills has a letterhead for the 7W Guest Ranch of Gypsum, and the USGS quad sheet for this location shows approximately 1 O structures in this 1 /4 1 /4 of Sec. 28. Our records show no other wells on this 40 acres, but it _would be greatly appreciated if you could confirm if this well will be used in the operation of a guest ranch, or other commercial type operation, and if it will be the only well on this 40 acres. Thank you for your help. If you need any additional information, please let me know. cc: Division 5 well file v " . ROY ROMER Governor HAROLD {HALI D. SIMPSON Acting State Engineer STATE OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES FIL ffVGINfE.R Ecopy Joe W. Shelton Golden Eagle Drilling Corp. P.O. Box 475 Frisco, CO 80443 RE: Monitoring and Observation Hole{s) :1.9250 File No. MH-_________ _ Owner: John Mills Dear Mr. Shelton: 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 FAX[303]866-3589 June 15, 1992 3gg Uc. No. "2-'$ 1.0. S: county Basin ___ M.o. __ _ NE 1/4 Township 3S Section 28 Range 87W Thank you for your letter of June 9, 1992, notifying this office of your intent to construct the subject monitoring and observation hole(s). The construction of the hole(s) must be completed within three (3) months of the date of this acknowledgement. Testing and/or pumping shall not exceed a total of seven (7) days unless prior written approval is obtained from the State Engineer. The water diverted during testing shall not be used for beneficial purposes. The well owner or his agent shall be responsible for obtaining permits and complying with all rules and regulations pertaining to the discharge of all fluids produced during testing. The hole(s) must be plugged within one (1) year after construction unless a well permit has been obtained from the State Engineer. A copy of this acknowledgement must accompany the drilling rig. All work must be in compliance with the Water Well and Pump !nstallation Rules. Construction details, geologic logs, and test data, in the form of well construction and test reports (form GWS-31 ), must be submitted to this office within sixty (60) days of the completion of the work by the licensed contractor or authorized individual. In addition, the well owner should maintain records of any water quality testing and submit this data to the Division upon plugging of the hole or our request. Please refer to the above file number and owner to identify the documents when submitted. Upon completion of plugging, abandonment reports (form GWS-9) must be submitted affirming the dates the holes were plugged, the intervals and types of materials used, and by whom the holes were plugged. Acknowledgement of this monitoring and observation hole notice does not indicate that well permits can be approved. If you have any questions, contact this office. Fred M. Loo Water Resources Geologis FML:cq cc: Division 5 (with enclosure) Golden.FML/FORM MONHOLE ~ Y05-09-92 04:50PM FROM MBE 1378 ... J . "" -. §otden £~Le ':Dtd1infj Cotp. P.O. Box 475 Frisco, Colorado 80443 (303) 8684684 To .... 99~9F~,q;y~~~?P.~~.~~~~~.~~~~~~~~ ........ . 1313 Sherman Street, Roan 818 a a a• a o. a It• O. a O. .. t f It ft If I. t 6 w If a i fl; t f I' 1 I 1 'I• I• I II• I I a a It I I Denver, Colorado 80203 a• & at I a IQ & 0 t f If If f I If I It I I• I If I I a" a a a I "It a I I I> IOI 0 a OI U •I 0. I I Dear Sirs: POI MEM LETTER DllbJ •.. -~~.~7. ~9n .............. . FAX # 866-3589 Subject .......••• , ••.•..•..•...•.... ••• t •• '.''. '. ''.'' ............... ' ..... ' 0. f I 0. I a •• If t If 4 ff f If f I' I At""" I"" 1 a DI f I• of l I a•• I I•• I a at t I I a•' a I 1' OI I 11 I"" a a I 9 I I <II I a I'. I I' I l 1 1 11 a I 9 a a I I a O I a a It•• I 1i a 11 •a a I a a It a I• at r I a r I a I• a 1 •a This is to notify you of our intent to drill a monitor hole for landooner and a a• o a I I I It t f I I If 1 1 f I 1 ta 1 a a I 1 a••••• I• I a a 1 •at a I I I• f If f I If It t I I If It t; t ft• t t Ill" I• o" 6 """ o •" o "", "" • • • • o o • hole-owner, John Mills, in the NE \ of Section 28, Township 3 Soutl1, Range 87 West, It'"••• 0 '•••II•••"• I I•• I•• II• t •I If• I If If I I. t l •I II'• 11 t" I" I"• I 0 • R II 0 I .. II•" f' S" • • • • "• •" • 8 •I If t t ft t t f I l t f M. f 6th P.M. The purpose of the drilling is to search for water. DrilJ.irig is expected t 6' 1 t • • • t' I• t' • • • 0" I I"•""'• O It•"'"••" t "t t I It t I l • OI ••I• I• I Io t I I I•• I•• t t 0"' O "'I" I" O I 4 ff t It. If If I 1" t 1"" to ccmnence on or about June 12, 1992. 'lb.e depth is estimated to be 150 feet • • f t " t I f t f I t • t f I I • I o • o " • • • " • • • " f O " I • O " I ' I I I D ' f I I t t I ., " 1 I I • • " o a " a • " 8 I • f " • " " " O I • • I " I J • • a 1 " " 1 o o " o • • a t t ~ If t" If f of o ••a' It••••"•"" O I I•••• f"" •" f • O .11 •I" I It I If o t 111•f'11 "I I If''•••• o • • • • •"' o "o •Io o I I••• 1 1 o o Io at It l t I I • • • • • I " • t • I. • I I t • t I t ti t t t t I • • • I " ' f • I • • • • t J I I " • • OI • I f • • t t f t t t 4 , f I I t t I I f f f f t t I ~ 1 I t • I I t ' 'I 01 o 1 01 • I I t a I a • t 1 t • • t '••'It"• I" It I I" t I If I I I I I I It It I. t I II I> I• I It• I I It 'It• I I I I It O II I. If I I I' t I' t I 8 t t ft t I. t. J t j 1 t 1" t 1 f 1 1", I a t t t I If f 4 t It t I I I I•••'••• I• I' I> O I I•• If t I I I If f It I I I. It t • • o • f I I" 0 f 11 •It• t Ott It•• I I I" t I• O It. 1 It t If t I I If I I I Very truly yours, o 1' t' I•' I I I" I I. I I It'• I I .. If 0 I•• t t • t I 0 I•. I I It I. It I• I• f' 1 f I I It I I I". It I. t" I• If I w I I" I I I' I• I• I I• I If t I It t I It t It t CJ Please Reply CJ No Reply Necessary SIGNED da v~ /. /) .#- , 'I ...._ \:::::RI'.~ (_ I Form No. GWS-11 03/02 ST A TE OF COLORADO OFFICE OF THE STATE ENGINEER 818 Centennial Bldg., 1313 Sherman St .. Denver, CO 80203 (303) 866-3581 Fax (303) 866-3589 CHANGE IN OWNERSHIP/ADDRESS CORRECTION OF THE WELL LOCATION Insert the Well Permit Number ell: Phone ( } For Office Use Onlf' 1=!\/f:O JAN 0 9 2003 If your well has an absolute water right, decreed by the court and the well is not registered with the State Engineer, enter the Water Court Case Number I Civil Action Number and well number as decreed. This form is filed by the named individual/entity claiming that they are the owner of the well permitted as referenced above. This filinQ is made pursuant to C.R.S. 37-90-143. (/:\. dress} (State} (Zip) tJB.-114 of the~ 1/4, Sec£, Twp.3 D N. or~S., Range f;{ 0 E. orlZJ W .. fRfJ..i P.M. Distance from Section Lines <3lf9 Ft. From~ N. orD S., /O'JO Ft. From ~E. or D W. Line. ~S~u=bd=i~v=is~io~n~N~a=m~e=--~~~~~~~~~~~~~~~~L=o~t~~~•-B_lo_c_k~~~·-F_il_ing_/U_n_it~~~---.., The above listed owner(s) say(s) th~, she (they) own the well d~bed herein. The existing record is being amended for the following reasons: ~Change in name of owner p Change in mailing address D Correction of location for exempt wells permitted prior to May 8, 1972 and non-exempt wells permitted before May 17, 1965. Please see the reverse side for further information regarding correction of the well location. I (we) claim and say that I (we) (are} the owner(s) of the well described above and that the commencement of extraction of ground water from this well, lawfully made under the well permit, occurred on the date indicated, and that the statements made herein are true to my (our) knowledge. Please print the Signer's Name & Title Date TuttWatlau. ~-kot/u I It is the responsibility of the new owner of this well to complete and sign the form. Signatures of agents are acceptable if an original letter of agency signed by the owner is attached to the form upon its receipt. For Office Use Only State Engineer /-\U .... J:.Y 1 t:.u n,;, r.. CHANGE IN OWNERSHIP AND/OR MAILING ADDRESS. Date . . . .' ' -' ... ' . . I-. . ... I I • ,,I_'•'• .• ,-. ~.!~!~!~!-~~~~!!.~~!~~-~!Y!~!~~-~~.:.?!.£~~~~~~~------------R~Gf~j-?f ~:tJ Application No. 87CW?.39 ----------.-·-----.• -------'."--• ------------- ----b•. -• ----------~-2.a i§!:l!;----·· RULING OF RHEREE DIV.~'.~ W!',ffJ~ fa{;.;;•·c.· .. 1;; ~~ 1if£--Hi11[R--o;;--:r~r.-·APPLicArioN-··;;;;R-wArER. Ri 6Pirs -oF-~~H'"~l::~ Y~cr;;~~ COLORAO-O RIVER, OR ITS TRISUTARIES, TR18U7~RY INVOLVED: SWEETwJltr~·~~EK, !H llili<fitLU 1,;t)UHTY The above entitled App11catfon was fOed on October 28, 1987, and was referred to the undersigned llS Water Refent> for !o!ate~ !H•11s1cn He. S; $t.;t;; of Colorado, by the Water Judge of said Court on the 10th day of Hovembei·, '987, in accordance with Article 92 of Chapter 37, Colorado Revised Statutbs 1973, known u The Water Right Determination a::d Administration Act of 1969. A:ld th:: unders1gr.ad r.sfeiee hav1ng 11;ad-: ~u.:h if1Yi:&t19ativ;1s a~ ore necessary to determine whether or not the statements in the Application are true and having beco~~ fully advised with respect to the subject matter of the Aj:ii~~'ot~uii av;;s ht.rt:l->Y i1iilkt: i.he foiiowing <ietenninatiou and Rui1ng as the Referee 1n ~his matter, to wf t: l. Th~ statements in the A~p1icat1on are true. 2. The name of the structure 1s Beard Spring. 3. The n~m:; .lr.d itdd•c~s of t:-ae C1i.lh11ar1t: Jui.u A. rHii~; P. ii. tiux 2?.81; Midland, Texas 7~702. 4. Tha source c.f th11 water 1s a spring tributary to Swellh:ater Creek, tributary to the Colorado River. 5. The oofnt of diversion fs in <\~r.t.ioo :>~ T, 3 S., ll. 87 W. ()f tt1e 6th ?.M. at a,pofr.t which bears S. 34°01'53" w. 2855.6 feet froll\ the NE Cvn~er of ufd Sect1or1 23 arid· ~aid s11rin9 also bears S. 01°45'35° E. 42.15 feet from a r11ference monulll(>nt set, a rebar and aluminum cap w1th LS #20695. 6. T~~ use of the water is domestic, ffre fighting, stock water .and the irrigation.of one acre of 1awn. 7. The date of in1tiat1on of ~~proprfation is ~~Y 1, l98i. 8. The amount of water ~•~1n~d fs 0.0223 cubic foot of water per second of timi:, ansolute. In support of thfs r~qust, the Appl~~ant, statP.s that a J tnch diameter p1~11ne convey" ~~1~ ~!t!r t~ ~111~ Sprin; {C~:;~ ::v. n1c.:c.;v; dnO ft·om there to the ph.ces of said use. The Referee does therefore conclude that the above entitled Applir.~lion :i1hould be granted tnd that 0.0223 cut.fc foot of water per scco11d of tfme f!> hereby awardt'cl to Beard Spring, for· <lo:r.estic, fhe f1ghtfn,,;, stock water and thi' 1rr1gatlou of one acre of law;1, whi1 Approprhtf<>n date of the lst day of HAy, 1967, abs->lutel,y and unc;ondttionally; subject, however, to all earlier prtortty rights of others 11nt1 ti:> th~ ~!"~~:;r~t!on !\t::! t::t.;;l;;t:vii uy tile u1v1s1on Engineer of sue~ prforftfes and ~hangP.s of rights fn accordance .with l;w. -.. ~~ ·~ •·. • • I • iiii . . • .d-. . . . . ' -0 . • w . - . . ' ' ··:···.• _·.· .• _._ --·:.::..:: ...... , .............. _ _., .•.••• ":: ···~-::.·;..:-.'.!":·.·:-.·-. (I-1.988) Mill5 87CW239 -Ruling of Meferee Page 2 .... ecen•c:o n ·""' ... FEB 251988 OIV 1)F WA)'ER AESOiJRCES .... STATE ENGINEER co•.OAADO It is accordingly ORDERED that this Ruling shall be filed with the Water Clerk subJect to Judicial revie\oi. · - It. 1s further ORDERED tha~ a copy of this Ruling $hall be ffled w~th the opprvvr~at.: Uivi> luu -~n~3~,1::t~r ~!!'.! the ~tt'.te tngirieer. · Dated_ w ..... 17 ~"!f>J' BY THE REFEREE: 4 /fa. ;J. wJ;;t.J Water ~eree- Water Div151on llo. 5 State of Colorado Ho protest was filed 1n this matter. The foregoing Ruling is confirmed and approved, md 1s made the Judgment Jnd Decree of this Court;. r ! , ... , ... -.. .- oatec1 [i'/Jfiui.,.,llftl:JJ:l I - RETURN TO OFFICE NO LATER THAN 12/.1.,~/87 ot 2 CASE NU~IJlER; .. 87Ctv239 WATER DISTRICT: 53 WATER CnHMISSIONF:R: Sl!ELDE::;, JTM NAHl:: OF APPLl:CAl'!T(S); '"3i5BN A. MILLS · · ·-··-----·-· NA~m OF STRUCTURE(S): ·-lll:ARD SP\zf';·c---c--:-c--·--:---:-.. ···-· .... ______ ,,_ ....... -------.. .. DATE INSPECTED: .. ...:...J!:'.:d ,,,. :6.$:,,___,Liit,1:--rf WELL, PER}f1'L~ z;-;---·---................... -........ __ ,, ____ _ c ~-----·-···--.. --.--~-~..,.-..... -•• ---••• , -~·-~·-- 1. 2, U THIS HAS AN EXISTING DECREED :JTRUCTURE, GIVE: ID ii E,;act Name of Exist:!.ng Structure as Tabnlated: ~~-·---·--"--·--··--·-·--.. ·--.. --- ------.--. -. --.-.-:-._____ l\xact Name of Exi'iitit\g' Sn~uc't'ZJ;~·---;;:sn-ecre.·e·,r;-.. ·----- 3, FOR TRANSFERS, ALTERNATE POINTS, DUE DILIGENCE, C:HANCE IN USE, CONDITIONAL MADE ABSOLUTE •· AR!'; THE FOLLOWING lTEHS ON THE APPLl CA1'ION COKRf:CT'I cye~ Ju c No Priority Numbet Adj Date !,/ Approp Date <>'' H any nor; corre"d,explain: ,-.--=--·~----·~-Amount At"!SWER THE FOLLOWING QpESTI0]1S DURING INSPECTI.9__1". l. IS THE DRAINAGE AND' TRIBUTARY CORRECT? ---v I s STREAM NUMBER: <)(;1 (, STREAM MILEAGE:-+-___ ·-:..-.::-.. _-_-__ ~ .... -...... :.=.:::-.=-==-:~=--== 2, IS '.CHERE A PHYSICAL STRUCTURE? .. Z~Ji:.:"'_j_ IF. SO, DESCRIBE: (Ditch Size, Pump and Capac it)", Headgates, Me~rnur:ing Devices, Etc:,) ......... __ ,,,,,.,, _____ , ___ , __ ::i' JLl\S WATER BEEN APPLIED TO nm !IENEFICIAL USES AS S'L\TED :t:N THE APPLICATION'/ )' {!. S lN WHAT AMOUNTS? ... l'u~1f!.3 '1 ,\'_, fL ;.1. 3 3.. ....... ---------· Recommended Amount· · ; () _f, · ·5 ') c. f. s. Absolute ..... :L\ ____ C. f.". Comli tional. Acreage 4. IS AMOUNT OF WATER REQUES1'ED EXCESSIVE 1''0R. THE PROPOSED USES':' 5. IN A DUE DILIGENCE CASE, IS THERE PHYSICAL EVIDENCE AT THE Sl'l'E THAT WORK HAS BEEN CONDUCTED? . !"LEASE EXl'L<\IN; -----·--·-·--------··---.. ---·-- 6. IN A rRAflSFER OR CHANGE CASE, WHAT HAS BEEN THE HISTORIC USAGE (Type, Am<nrnt, Tin\ing, Acreage)?~~--.:-.-·-.--.-,-. ·--,----------~-· .. ·-·-... -.......... ----·-·-·-............... . 6.1 Whut other water rights ace possibly <lamaga<l'? «'..'. •. _________ , _______________ , ____ _ '------------------M~·~~.~~·-·•--'-• GD TO PAGE 2 FIELD lNSPECT10N SHEET Page 2. of 2 CA:;E NUMBER: 27CW239 NAHE OF STRuc"fuRrf(s): 7. COMNENTS AtfD RECOMMENDATlONS: _A__j ___ :~ .. 'f <ic j e // 1,;cf tiJ . ..J~_L:_f:::::___{t~ v e 'i 'f // ?<· v· C .6 DECl\EGD & ACTUAL LEGAL DESCRIPTION FROM FIELD INSPECTION -DOES IT MATCH APPLICATION? ~._.1_· I_:~)-· ---5 (' C. GRlD SCALE 1" "' 2,000' (TOPO SIZE) SEC RANGE --- 160 40 10 DISTANCE FROM _N_O_R_TH~/ S_O_U_TI_i -LINES DISTANCE FROM """£AST}WEST LINES HAVE YOU PLOTTED ON YOUR OWN TOPO MAPS1 I • --·· --- . ' . .. ~ . : . .. " ,-.,. '""· fO::.O;\'• .. .-..•-.").w~'"-'f:lt.."""~ • OiSTRJCl COURT, WATER DIVISION NO. S, COLOl\.ADO -------------------------------------------------------------·-JArt2"1-r!(h1---- AJ'lplicat!oo No. 87CW240 IN THE :'4ATT£R Of THE APPL:CATION FOR WATER RIGHTS OF JOHN A. HILLS, IN THE COLORADO RIVER, OR ITS TRIBUTARIES, TRIBUTARY IHVO!.VED: SWEETWATER CREEK, IN GARFIELD CCiUNTY Tlie aoove entitled Application was filed on October ZS, 1987, and was referred to the undersigned as Water Referee for Water Dfvisfon No. 5, State of Colorado, by the \later Judge of said Court on the 10th day of flovember, \9&7, fn accord~nce with Article 92 of Chapter 37, Colorado Revised Statutes 1973, known as The W~t~r P.19ht Cetcrminut1on and Administration Act of 1969. And the underr.igned Referee ·having mad~ such investigations as are necessary to determine whether or not the st;.tements in the Appl fcat1on art true and havfn9 become fully advfsed with rl'!spect to the subject matter of the Ap;;licatfo;; .:iv.es hereby mal;e the folloloiing determiniit111n al'ld R0Hn9 ~~ t_h11 Referee tri thts matter, to wit: 1. The statements 1n the Applicatfon are true. 2. The name of the structure is Mills Spring. 1, .The name ar.d :ddr;;ss -.f tli.: Ciaimoni:: Joiln A. Hills; P. O. Box 2281; Midland, T~~4S 79702. 4, Tiie source of the water ls 11 Sj)ring tributary to Sweetwater Cree•:, tributary to the Colorado Rfver. 5. The pofnt of diversion fs in Section 28, T. 3 S., R. 87 W. o! the 6th P.H. at a Pofnt which. bears S. 34°01 '53" W. 2855.6' feet from the HE Corner M said Section 28 and safd Sprfng also bears S. 01°45'35" E. 42.15 feet from a rP.fPrPnr:P ""'""~!'t ~!~. ~ !"''!~!~ :!":~ :~:.:::~;::;:;; ~:to ~~~:. ~~ ;z~v~~. 6, The use of the water h domest!c, 1rr1gatlvii of one acre of lawn, fire protection and stock watering. 7. The date of fnft1at1on of Ap~ropr1ation is 1952. 8. The amovnt of water claimed ts 0.0334 cubfc foot of water per second nf t~~-!b!~1utc. The A!l!lli~~~1: ~t~t::: t~;;t ;.;;.; ~11.-ing is enciosed In a cinder b10<:k tank 1111asur1ng 11.7 feet by 7.0 feet. Water fro" the sprfnq box fs conveyed t(> various r!sfdenc~s for sa~~ uses by w.eans of a 3 Inch diameter pipe. (if L\• ~ it:.t .. \J I • • ----.. II I -· (I-1988) Hills 87tW240 RVling.of R(feree Page 2 --~-.! ,, __ ----- Thi.\ ~~f~~~! rl~es the?"~f~re ~~~~?::~~ t!':~t !;!':; u~vt·i .cr.tttlt:tl A..-vii4.."oi.iun should be grdnted and that 0.0334 cubic foot of water per second of time i~ hereby awarded to Mills Spring. for domestic, irriqation of 1 acre of lawn, fire fighting and stock watering purposes, ~ith Appropriation date of 1952, absolutely and unconditionally; subJ~ct, however; to all earli~r pr1orfty right~ of ot:-0.:r~ <md to the fotegr<itivn iliid taouliltil)n by the Oh1sion Engineer of sucn i:•doritfes and chan!J"'"' ,_,f' r~~ht!': 1!! ::.:::::~r:fa~~;; n-! t:-, ~at;. It fs accordingly ORDERED that this Ruling shall be filed wfth the Water Clerk subject to Judfc1a1 review. It 1s further ORDERED that a copy of this Ruling shall ·be filed with the appropriate Dfv1s1on Engineer and the State Engine~r. BY THE REFEREE: Water Division llo. 5 State of coioraoo Ho protest was filed in this matter. The foregotnq Ruling is confirmed and approved, and is made the Jcdgment and Decree of this (.ourt. Dated,_/jlULi_,..,~ 159(/ I ·I n l''f\f'r*" . I ~1:~, ' . • ' I I ... • CAS E NAME NAHE DATE ._I.I_!::L l~J~'i]:_!iCT l Q.l'l_§:ll_E_~~ RETURN TO OFB'I CE NO LATER THAN .L2J!.!;/S 7 NUMBER; 8?CW2A O WATER llISTRTCT: 53 WATEll COMMISSIONER: SHELDE N, J D [ Or' APPLICANT(S)~J\' .~. MI LLS ~--.. --·····----···-----·--·-.. -- OF STRUCTURE(S): MILLS sn:t'fc;:-·---·----··--------·--··-··-"--------.. -- J.~;spEC'fED; _jJ~rJJL~:~f..="?-f!di-·--·n· WEU.,--Pml.i-!iT ""iT:~:~~~--::=:~--===--~-:::= ANSWER . TH~JOLLQ?:!~Q!!.EJ!I.I:_ONS : Al\OUT THIS WA'l'Ei< APPLICATION .· !RIOR '.~.2..:_ lNSPECT_!_ON----··--........... __________ .. . 1. WHAT TYPE APPLICATION: New Structure Enlargement Transfe r Alternate xint ---Due Diligence "-~---Change in U1;e === Condir.ioni\:l~~i~J'e ... 2 . 3. Absolute Other ----·· ---.. ·----·------·-------·--·--·-··----·-----·-··---------·-- IF THIS HAS AN EXISTING DECREED STRUCTURE, GIVE: ID ii Exact Name of Existing Struetur:e as Tilbulated: ------:--:---~~·---~~·----·.., P~aiue~o£_____--E:~l~-t~-L::~g-S-t t:uc~~7i~~~~eed.-{"~~-----·-- .FOR TRANSFERS, ALTERNATE POINTS, lJUE DILIGENCE, CHANGE . IN USE, CONJHTI.O~!AL MADE ABSOLUTE .-ARE THE FOLLOWING 1n:Ms 'ON THE Al'PLlCA'flON (;ORREC't? (Y~~J "r No ,,' ,...,....__,,. Priodty Numbei: · Ac\j D<1ti0 ;, .. ··" Apprcip Dat:e .(., ...... -Amoun t: 1>----- 1£ any not con:eet:""'"explaii1: ---.. =-=-----·--·-===-----==:~-~== / ---·-------------·--------------------· / AN.ffi..'ER THE FOI.I~OWING QliESTIO!lS DURING __ !_0,[iPBCTION · 1, IS THE DRA.INAG~: AND lRIBUTl\.RY CORRECT? V' (' ) ·---·---·--·-----·------· STREAM NUMRERl _ .... ·---~-STREAM MILEAGE: ----------......... ___ ...... .-------------------.. 2. IS 'l'RERE A PHYSICAL STRUCTURE _? ji_LS..__ IF . SO, DI.':SCRillE: (Diteh Size, Pump and Capacity, Headgate.s, Measuttng Devi.ces, l':tc.) C:;~lr "i ·11; ·/· 'I(./. ... ,t'/,1 l:,c·"· C ;.7 ,.., '· !) 'i' (. ".-;,• -f?--~i---;_-~;/-,;· .. /-j:-· .. ;-~-:~-·-;·;--.·, .. _ . ...!_. 1-'-.. f ,-. -~ ,. ) i'" : 1 "' ,;.L,. .. .:...,.._ ... ~:.:....:. ..... 2 . ....:t:-~.---t."::L .-£..........J:::..L ~_:_._:r:. .. d..i:.7rJ -----.. ·-·-----------· ------ ,_ ... _____ , _________ , ----·--'---------·-"·-· --·~------·--------·-·- 3. HAS WA'.):'ER BEEN APPLIED TO .THE BENEFICIAL USES AS STA~·~p HI . THE . A~Pl.lCATIOliJ 'i __ ..1J!_:..~ L) _ IN Wll.AT AMOUNTS? ... JlJL -r. o j'.__0_Q_l_t.f 'f.._i,,~'.~.::· ____ __ Recommended Amount '..; D ;f·o, lf __ t . f. s. Absolute _ . ..,X.._ ... t .. f. s. Co n ditfonal · · · · · · --·---·---,~---Acr~~age 4. IS THE AMOUNT OF WA'rER REQUESTED EXCESSIVE FOR THE PROPOSED USES? >t / () . 5. IN A PUE DILIGEflCE CASE, IS THERE PHYSICAJ, EVIDENCE AT THE SITE THA T WORK HAS BEEN CONDUCTED? . PLE AS!-; E:<PL...l\IN: ___ ... ---·--... --.. -------.. ---·-----. '-:--. -.-.. -. -·-:--~ .. -· ----------------------------------·---------··---·· 6 . IN A TRANSFER OR CHANGE CASE, WHAT HAS BEEN TllE. JHSTORIC USAGE (Tyue. Amou1H, Ti.ming, Acreage)?-~:_._·--.-.-.-.:---.-.. --.. ------·----·-------............... -----.. --··---·--· -------------------------------------------A ---,.. __ ---- 6.J. What other water rights _an-' possil:,ly dm11agd? ·-·----,{,~¢_::.U'<".~----------.. ·----.. ·-- 6. 2 What. restr:~cqqn!! I)eed be ir»posed to prevent inj 1rry'.? , ___ ...::.LLL.:1/ !!:.::.: ......... ------ GO TO PAGE 2 FIELD INSPECTION SHEE! !.'age 2 of 2 c11:;E Ntmm:H: Bi'C\\f2LO lli\!fE OF STRUCTURE(S): Vil.lJ S S?RTNG ·-------·----- '!. ''''"~'----·------.-.-·-------~--------···------~---------- DECREED & ACTUAT, L8GAL DESCRIPTION mm! FrnLD INSPECTION DOES IT HATCH APPLICATION? v ,_e_. _> __ GRID SCALE 1'' = 2,000' (TOPO SIZE) .. ~--.. _ ............ -.-------- ,,,, __ ·------·!--"1---l·- 1--+--ii---1-------·-- 160 40 lD DISTANCE FROM--------- NORTH/SOUTH LINES DISTANCE FROM --'--------- EAST/WEST LIN~:S HAVE YOU PLOTTED ON YOUR OWN TOPO MAPS? ----------- NO'IE: LOT 2 Sl1S UPCN AH ElllSllNG FIDGE BE'IWEEN n£ SJ~DING DRAINAGE PAlHS. • HIGH COUNTRY ENGINEERING, INC. 1•17-.m:AVINUC,sm 101, llU!NWOCID8PIUIDll,C0818DI PHONE ~9111179 •AX (8'10)9··- WWW.HCllNQ,COM BRIANWIDHAl.M DRAWN BY: GARFIELD COUNTY, CO DRD CH llCICllD BY. SCALI!: 7W RANCH MINORllUB. ""'~=:nc=-D_RD __ ----=.,=-==.--21_1 _111_112_--t DRAINAGICMAP Nl-14 I 01' I llARFll!l.DCCl..rrt PIUI: J:J'.aDalCPROJ/211/llll!l~~T FINAL Pl.AT 7-W RANCH A PARCEL OF LAND SITUATED WITHIN THE SE!/ 4 OF SECTION 21 AND THE Slfl/ 4 OF SECTION 22 AND THE Nlfl/ 4 OF SECTION 28, AND PERRY RESULTING PARCEL OF PERRY/ROBERTS BOUNDARY LINE ADJUSTMENT PLAT, TOWNSHIP 3S., RANGE 87W., OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO •·-... \ \ ' T' LEGEND ... -~ ......... .,... ..... = ......... '""'""" ~~, @ =~··&':':o..""''":J/•' • ~·~'f."~-:"""' ""'~ .. ~-.... ~··~""""""""""""'""_"_ ~~ ... -~,,~~ ... ~ ... , ... -... -..... i~ ?.0tt• OU.tef.n ~ ..... "'"""' • :a. .. "18{,,4,,,_.. ,., '''' ADJOINING NEIGHBORS – 200’ Parcel No. 186321400117 Burnt Park Trail, LLC 186321300110 120 Aviation Ave. Portsmouth, NH 03801 Parcel No. 186321400098 Paul Testwuide and Janet Marie Andersen 898 Red Sandstone Circle Vail, CO 81657 Parcel No. 186322300092 Darrell & Jacquelyn R. Watters 4160 Humboldt Street Cherry Hill Village, CO 80113 Parcel No. 186328400119 Shannon Burke & Rodney Marcy 347 Glencoe St. Denver, CO 80220 Parcel No. 186327200121 Green, Scott & Cappie 600 Cottonwood Pass Road Gypsum, CO 81637 Parcel No. 186327300120 Warhorse Ranch LLC 186327200122 304 Castle Pines S. Castle Rock, CO 80108 Parcel No. 186920200951 White River National Forest P.O. Box 948 Glenwood Springs, CO 81602 Anthony Perry 1908 Shelburne Road Shelburne, VT 05482 7W Guest Ranch P.O. Box 5944 Eagle, CO 81631 PLAT NOTES: 1) BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF TRUE NORTH DETERMINED BY GPS OBSERVATIONS 'l'IELDING A BEARING OF S01"53'58"E BETWEEN THE NE CORNER OF SECTION 28 AND THE EAST 1/4 CORNER OF SECTION 28, 3" GLO BRASS CAPS IN PLACE AS SHOl'IN HEREON. 2) DATE OF SURVEY: DECEMBER 19, 2013. 3) LINEAR UNITS USED TO PERFORM THIS SURVEY WERE U.S. SURVEY FEET. 4) THIS SURVEY IS BASED ON RECEPTION NO. 745890, RECEPTION NO. 745889, RECEPTION NO. 745892, RECEPTION NO. 745514, RECEPTION NO. 745891, RECEPTION NO. 662729, FINAL PLAT 7-W RANCH RECORDED IN RECEPTION NO. 745515, PERRY/ROBERTS BOUNDARY LINE ADJUSTMENT PLAT RECORDED IN RECEPTION NO. 662321, AND CORNERS FOUND IN PLACE AS SHOl'IN. 5) THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS AND EASEMENTS OF RECORD OR IN PLACE AND EXCEPTIONS TO TITLE SHOl'IN IN THE TITLE COMMITMENT PREPARED BY STEWART TITLE GUARANTY COMPANY, DATED: NOVEMBER 22, 2013 (FILE NUMBER 01330-34682). 6.) THIS 7W GUEST RANCH MINOR SUBDIVISION IS SUBJECT TO ALL EASEMENTS AND PLAT NOTES SHOWN ON THE FINAL PLAT OF 7-W RANCH RECORDED AS RECEPTION NO. 745515. 7.) THE PERRY RESULTING PARCEL OF THE PERRY/ROBERTS BOUNDARY LINE ADJUSTMENT PLAT RECORDED OCTOBER 25, 2004 AS RECEPTION NO. 662321 WAS VACATED BY THE FINAL PLAT OF 7-W RANCH RECORDED AS RECEPTION NO. 745515. 8.) THIS PROPERTY IS NOT SUBJECT TO MATTERS SHOl'IN ON THE ROBERTS EXEMPTION PLAT RECORDED AS RECEPTION NO. 525496. 6) COUNTY ROAD 151 RIGHT-OF-WAY IS BASED ON THE LOCATION OF THE EXISTING GRAVEL ROADWAY. 7) SUBJECT TO PATENT RESERVATIONS, THE MINERAL RIGHTS TO THIS REAL PROPERTY ARE NOT SEVERED FROM THE SURFACE, AND ARE NOT UNDER LEASE. 8) DOGS KEPT ON THE PROPERTY SHALL BE IN A FENCED YARD OR ON A LEASH TO PREVENT HARASSMENT OF WILDLIFE. 9) CONTROL OF NOXIOUS IS THE RESPONSIBILITY OF THE PROPERTY Ol'INERS. 10) NO OPEN HEARTH SOLID-FUEL FIREPLACES WILL BE ALLOWED ANYWHERE WITHIN THE SUBDIVISION. ONE (1) NEW SOLID-FUEL BURNING STOVE AS DEFINED BY C.R.S. 25-7-401, ET. SEQ., AND THE REGULATIONS PROMULGATED THEREUNDER, WILL BE ALLOWED IN ANY DWELLING UNIT. ALL DWELLING UNITS WILL BE ALLOWED AN UNRESTRICTED NUMBER OF NATURAL GAS BURNING STOVES AND APPLIANCES. 11) ALL EXTERIOR LIGHTING WILL BE THE MINIMUM AMOUNT NECESSARY AND ALL EXTERIOR LIGHTING WILL BE DIRECTED INWARD AND DOl'INWARD, TOWARDS THE INTERIOR OF THE SUBDIVISION, EXCEPT THAT PROVISIONS MAY BE MADE TO ALLOW FOR SAFETY LIGHTING THAT GOES BEYOND THE PROPERTY BOUNDARIES. 12) COLORADO IS A "RIGHT-TO-FARM" STATE PURSUANT TO C.R.S. 35-3-101, ET SEQ. LANDOl'INERS, RESIDENTS AND VISITORS MUST BE PREPARED TO ACCEPT THE ACTIVITIES, SIGHTS, SOUNDS AND SMEULS OF GARFIELD COUNTY'S AGRICULTURAL OPERATIONS AS A NORMAL AND NECESSARY ASPECT OF LIVING IN A COUNTY WITH A STRONG RURAL CHARACTER AND A HEAL THY RANCHING SECTOR. THOSE WITH AN URBAN SENSITIVITY MAY PERCEIVE SUCH ACTIVITIES, SIGHTS, SOUND, AND SMEULS ONLY AS INCONVENIENCE, EYESORE, NOISE AND ODOR. HOWEVER, STATE LAW AND COUNTY POLICY PROVIDE THAT RANCHING, FARMING AND OTHER AGRICULTURAL ACTIVITIES AND OPERATIONS WITHIN GARFIELD COUNTY SHALL NOT BE CONSIDERED TO BE A NUISANCES SO LONG AS OPERATED IN CONFORMANCE WITH THE LAW AND IN A NON-NEGLIGENT MANNER. THEREFORE, ALL MUST BE PREPARED TO ENCOUNTER NOISES, ODOR, LIGHTS, MUD, DUST, SMOKE, CHEMICAL$, MACHINERY ON PUBLIC ROADS, LIVESTOCK ON PUBLIC ROADS, STORAGE AND DISPOSAL OF MANURE, AND THE APPLICATION BY SPRA'l'ING OR OTHERWISE OF CHEMICAL FERTILIZERS, SOIL AMENDMENT, HERBICIDE, AND PESTICIDES, ANY ONE OR MORE OF WHICH MAY NATURALLY OCCUR AS PART OF A LEGAL AND NON-NEGLIGENT AGRICULTURAL OPERATIONS. 13) ALL OWNERS OF LAND, WHETHER RANCH OR RESIDENCE, HAVE OBLIGATIONS UNDER STATE LAW AND COUNTY REGULATIONS WITH REGARD TO THE MAINTENANCE OF FENCES AND IRRIGATION DITCHES, CONTROLLING WEEDS, KEEPING LIVESTOCK AND PETS UNDER CONTROL, USING PROPERTY IN ACCORDANCE WITH ZONING, AND OTHER ASPECTS OF USING AND MAINTAINING PROPERTY. RESIDENTS AND LANDOWNERS ARE ENCOURAGED TO LEARN ABOUT THESE RIGHTS AND RESPONSIBILITIES AN ACT AS GOOID NEIGHBORS AND CITIZENS OF THE COUNTY. A GOOD INTRODUCTORY SOURCE FOR SUCH INFORMATION IS "A GUIDE TO RURAL LIVING & SMALL SCALE AGRICULTURE" PUT OUT BY THE COLORADO STATE UNIVERSITY EXTENSION OFFICE IN GARFIELD COUNTY. 14) FENCING ON THE PROPERTY SHALL COMPLY WITH THE COLORADO PARKS AND WILDLIFE SPECIFICATIONS FOR WILDLIFE-FRIENDLY FENCING. 15) ENGINEER-DESIGNED SEPTIC SYSTEMS ARE REQUIRED WITHIN THIS SUBDIVISION. 16) ENGINEER-DESIGNED FOUNDATIONS ARE REQUIRED WITHIN THIS SUBDIVISION. 17) THE MINERAL RIGHTS ASSOCIATED WITH THIS PROPERTY MAY NOT BE TRANSFERRED WITH THE SURFACE ESTATE THEREFORE THE POTENTIAL FOR NATURAL RESOURCE EXTRACTION ON THE PROPERTY BY THE MINERAL ESTATE OWNER(S) OR LESSEE(S). TITLE CERTIFICATE I, AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF COLORADO, OR AGENT AUTHORIZED BY A TITLE INSURANCE COMPANY, DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO ALL LANDS SHOWN UPON THIS PLAT AND THAT TITLE TO SUCH LANDS IS VESTED IN FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES (INCWDING MORTGAGES, DEEDS OF TRUST, JUDGMENTS, EASEMENTS, CONTRACTS AND AGREEMENTS OF RECORD AFFECTING THE REAL PROPERTY IN THIS PLAT), EXCEPT AS FOLLOWS: DATED THIS ___ ~AY OF ______ A.O., 2014. TITLE COMPANY STEWART TITLE -GLENWOOD SPRINGS 1620 GRAND AVENUE GLENWOOD SPRINGS, CO 81601 AGENT OR B~-------------------ATTORNEY COLORADO ATTORNEY REGISTRATION NO. ____ _ MINERAL OWNER AND RIGHTS MINERAL OWNER: ANTHONY PERRY ACCORDING TO SPECIAL WARRANTY DEED RECORDED IN BOOK 0876 AT PAGE 725. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN lHIS Sl.RVEY WITH.. THREE 'YEARS AFTER YOU FIRST DISCO\£R SUai DEFECT. IN NO E\£NT litAY ~y ACTION BASED UPON ANY DEFECT IN lHIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM 1l£ DAlE OF CERTIFICATION SHOYitl 1-EREQN. 7W GUEST RANCH MINOR SUBDIVISON A RE·SUBDIVISION OF THE SOUTH PARCEL OF 7W RANCH RECORDED AT RECEPTION NO. 745515 A PARCEL OF LAND SITUATED IN THE SE 1/4 OF SECTION 21, SW 1/4 OF SECTION 22 AND THE NE 1/4 OF SECTION 28 TOWNSHIP 3 SOUTH, RANGE 87 WEST OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO DESCRIPTION OF LOT 1 (GUEST RANCH PARCEL) o0'' 1 THE NE1/4 SECTION 28, AND PART OF THE S1/2SE1/4 SECTION 21, TOl'INSHIP 3 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPLE MERIDIAN, AND PART OF THE PERRY RESULTING PARCEL OF THE PERRY/ROBERTS BOUNDARY LINE ADJUSTMENT PLAT, ACCORDING TO THE MAP THEREOF RECORDED IN THE OFFICE OF THE CLERK AND RECORDER, GARFIELD COUNTY, COLORADO, BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 28, THENCE ALONG THE EAST LINE OF SAID NE1/4 SECTION 28, S01"53'58"E 2752.96 FEET TO THE E1/4 SECTION 28; THENCE, ALONG THE SOUTH LINE OF SAID NE1/4 SECTION 28, N89"35'41"W 2693.76 FEET TO THE C1/4 SECTION 28; THENCE, ALONG THE WEST LINE OF SAID NE1/4 SECTION 28, N00"20'36"W 2759.57 FEET TO THE N1/4 CORNER SECTION 28; THENCE, ALONG THE WEST LINE OF THE SAID S1/2SE1/4 SECTION 21, NOOi8'53"E 809.71 FEET; THENCE, DEPARTING SAID WEST LINE, N89"53'55"E 1028.53 FEET; THENCE S80"25'18"E 852.32 FEET TO THE NORTHWESTERLY EDGE OF A THIRTY FOOT WIDE ACCESS EASEMENT RECORDED AS RECEPTION NOS. 341704 AND 453014; THENCE THE FOLLOWING TWELVE (12) COURSES ALONG SAID WESTERLY EDGE OF EASEMENT: 1) N54"54'50"E 561.93 FEET; 2) N46"37'11"E 213.60 FEET; 3) N36"23'47"E 191.53 FEET; 4) N45"49'11"E 211.28 FEET; 5) N29"55'39"E 242.58 FEET; 6) N11i5'30"E 183.64 FEET; 7) N22"47'J5"E 178.02 FEET; 8) N12"05'14"E 42.07 FEET; 9) N07"02'30"W 36.22 FEET; 10) N28i6'15"W 86.07 FEET; 11) N06"31'16"W 37.29 FEET; 12) N28"59'JJ"E 44.01 FEET TO THE NORTHERLY LINE OF SAID PERRY RESULTING PARCEL; THENCE THE FOLLOWING TWO (2) COURSES ALONG SAID NORTHERLY LINE: 1) 65.90 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 420.00 FEET, A CENTRAL ANGLE OF 08"59'22", AND A CHORD THAT BEARS S82"01'42"E 65.83 FEET; 2) 26.32 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 148.83 FEET, A CENTRAL ANGLE OF 10"08'03", AND A CHORD THAT BEARS S81"27'21"E 26.29 FEET TO THE NORTHEASTERLY CORNER OF SAID PERRY RESULTING PARCEL; THENCE THE FOLLOWING TWELVE (12) COURSES ALONG THE EASTERLY LINE OF PERRY RESULTING PARCEL, 1) S67i0'18"W 58.38 FEET; 2) S28"59'JJ"W 14.90 FEET; 3) S06"31'16"E 11.68 FEET 4) S28i6'15"E 85.84 FEET; 5) S07"02'30"E 54.02 FEET; 6) S12"05'14"W 55.18 FEET; 7) S22"47'J5"W 177.66 FEET; 8) S11i5'30"W 186.81 FEET; 9) S29"55'39"W 257.98 FEET; 10) S45"48'41"W 214.13 FEET; 11) S36"23'47"W 3.22 FEET; 12) S00"52'24"W 1255.08 FEET TO THE POINT OF BEGINNING EXCEPT; A PARCEL OF LAND SITUATED IN THE SE1/4 OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPLE MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 21, THENCE N00"52'24"E ALONG THE EAST LINE OF SAID SECTION 21 A DISTANCE OF 599.92 FEET TO THE POINT OF BEGINNING THENCE LEAVING SAID EAST LINE N62i9'50"W A DISTANCE OF 493.11 FEET; THENCE N54"54'50"E A DISTANCE OF 212.19 FEET; THENCE N46'37'11"E A DISTANCE OF 221.70 FEET; THENCE N36"23'51"E A DISTANCE OF 188.66 FEET TO A POINT ON THE AFOREMENTIONED EAST LINE OF SAID SECTION 21; THENCE S00"52'24"W ALONG SAID EAST LINE A DISTANCE OF 655.15 FEET TO THE POINT OF BEGINNING SAID PARCEL OF LAND CONTAINING 3.000 ACRES, MORE OR LESS. SAID LOT 1 CONTAINING 215.254 ACRES, MORE OR LESS, DESCRIPTION OF LOT 2 (RANCH MANAGER'S PARCEL) A PARCEL OF LAND SITUATED IN THE SE1/4 OF SECTION 21, TOl'INSHIP 3 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPLE MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 21, THENCE N00"52'24"E ALONG THE EAST LINE OF SAID SECTION 21 A DISTANCE OF 599.92 FEET TO THE POINT OF BEGINNING THENCE LEAVING SAID EAST LINE N62i9'50"W A DISTANCE OF 493.11 FEET; THENCE N54"54'50"E A DISTANCE OF 212.19 FEET; THENCE N46"37'11"E A DISTANCE OF 221.70 FEET; THENCE N36"23'51"E A DISTANCE OF 188.66 FEET TO A POINT ON THE AFOREMENTIONED EAST LINE OF SAID SECTION 21; THENCE S00"52'24"W ALONG SAID EAST LINE A DISTANCE OF 655.15 FEET TO THE POINT OF BEGINNING SAID PARCEL OF LAND CONTAINING 3.000 ACRES, MORE OR LESS. COUNTY SURVEYOR'S CERTIFICATE APPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF SURVEYS, CALCULATIONS AND DRAFTING PURSUANT TO C.R.S., 38-51-101 AND 102, ET SEQ. DATED THIS __ DAY OF -------2014. BY: _______________ _ GARFIELD COUNTY SURVEYOR ),..i,;>"':' I I ( \ l I ~ ' \I V 'I \, \ VICINITY MAP SCALE: 1" = 2,000' LIENHOLDER CONSENT AND SUBORDINATION THE UNDERSIGNED, BEING THE BENEFICIARY UNDER A DEED OF TRUST GRANTED BY THE Ov.NER(S) UPON THE REAL PROPERTY PLATTED AND DIVIDED AS SHOWN UPON THE WITHIN 7W GVEST RANCH MINOR SUBDIVISION, CERTIFIES THAT THE UNDERSIGNED HAS REVIEWED THE 7W GVEST RANCH MINOR SUBDIVISION AND BY THIS CERTIFICATION HEREBY CONSENTS TO SAID 7W GUEST RANCH MINOR SUBDIVISION AND TO THE RECORDING THEREOF. BENEFICIARY FURTHER CONSENTS TO SAID ZW GUEST RANCH MINOR SUBDIVISION AS STATED IN THE CERTIFICATE OF DEDICATION AND Ov.NERSHIP EXECUTED BY THE Ov.NER(S) HEREON, AND HEREBY SUBORDINATES ANY INTEREST THAT BENEFICIARY MAY HAVE IN AND TO THE PROPERTY SUBJECT TO SUCH DEDICATION, TO THE ENTIIY(IES) OR THE GENERAL PUBLIC TO WHICH SUCH DEDICATION IS MADE. EXECUTED THIS ___ DAY OF --------A.O., 2014. LIENHOLDER: BANK OF COLORADO 901 GRAND AVENUE GLENWOOD SPRINGS, CO 81601 BY: ______________ _ STATE OF COLORADO COUNTY OF GARFIELD ) ) SS ) THE FOREGOING LIENHOLDER CONSENT AND SUBORDINATION WAS ACKNOWLEDGED BEFORE ME THIS __ DAY OF 2014, BY---------- MY COMMISSION EXPIRES: __________ _ YrlINESS MY HAND AND SEAL: NOTARY PUBLIC CERTIFICATE OFT AXES PAID I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF TAXES AND ASSESSMENTS DUE AND PAYABLE AS OF UPON ALL PARCELS OF REAL ESTATE DESCRIBED ON THIS PLAT ARE PAID FUU.. DATED THIS __ DAY OF --------A.O., 2014. B~-~~~~~~~~~~----GARFIELD COUNTY TREASURER COUNTY COMMISSIONERS CERTIFICATE THIS PLAT IS APPROVED BY THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO THIS DAY OF 20_ FOR FILING WITH THE CLERK AND RECORDER OF GARFIELD COUNTY AND FOR CONVEYANCE TO THE COUNTY OF THE PUBLIC DEDICATIONS SHOWN HEREON, SUBJECT TO THE PROVISION THAT APPROVAL IN NO WAY OBLIGATES GARFIELD COUNTY FOR FINANCING OR CONSTRUCTION OF IMPROVEMENTS ON LANDS, PUBLIC ROADS, HIGHWAYS OR EASEMENTS DEDICATED TO THE PUBLIC, EXCEPT AS SPECIFICALLY AGREED TO BY THE BOARD OF COUNTY COMMISSIONERS BY SUBSEQUENT RESOLUTION. THIS APPROVAL SHALL IN NO WAY OBLIGATE GARFIELD COUNTY FOR THE CONSTRUCTION, REPAIR OR MAINTENANCE OF PUBLIC ROADS, HIGHWAYS OR ANY OTHER PUBLIC DEDICATIONS SHOl'IN HEREON. B~__,,,""'"'"""""'""~c=,-..,,,,,...,,.,.,.,~.,..,,.,,.,,~,,.,,.""'=--CHAIRMAN, BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO WITNESS MY HAND AND THE SEAL OF THE COUNTY OF GARFIELD. ATTESn....,,,,,.,,,=-:--,,,,==,----------COUNTY CLERK CERTIFICATE OF DEDICATION OWNERSHIP THE UNDERSIGNED 7W GUEST RANCH LLC, BEING SOLE Ov.NER(S) IN FEE SIMPLE OF ALL THAT REAL PROPERTY SITUATED IN GARFIELD COUNTY, DESCRIBED AS FOLLOWS: THE NE1/4 SECTION 28, AND PART OF THE S1/2SE1/4 SECTION 21, TOl'INSHIP 3 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPLE MERIDIAN, AND PART OF THE PERRY RESULTING PARCEL OF THE PERRY/ROBERTS BOUNDARY LINE ADJUSTMENT PLAT, ACCORDING TO THE MAP THEREOF RECORDED IN THE OFFICE OF THE CLERK AND RECORDER, GARFIELD COUNTY, COLORADO, BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 28, THENCE ALONG THE EAST LINE OF SAID NE1/4 SECTION 28, S01"53'58"E 2752.96 FEET TO THE E1/4 SECTION 28; THENCE, ALONG THE SOUTH LINE OF SAID NE1/4 SECTION 28, N89'J5'41"W 2693.76 FEET TO THE C1/4 SECTION 28; THENCE, ALONG THE WEST LINE OF SAID NE1/4 SECTION 28, NOD"20'36"W 2759.57 FEET TO THE N1/4 CORNER SECTION 28; THENCE, ALONG THE WEST LINE OF THE SAID S1/2SE1/4 SECTION 21, NOOi8'5J"E 809.71 FEET; THENCE, DEPARTING SAID WEST LINE, N89"53'55"E 1028.53 FEET; THENCE S80"25'18"E 852.32 FEET TO THE NORTHWESTERLY EDGE OF A THIRTY FOOT WIDE ACCESS EASEMENT RECORDED AS RECEPTION NOS. 341704 AND 453014; THENCE THE FOLLOWING TWELVE (12) COURSES ALONG SAID WESTERLY EDGE OF EASEMENT: 1) N54"54'50"E 561.93 FEET; 2) N46"37'11"E 213.60 FEET; 3) N36"23'47"E 191.53 FEET; 4) N45"49'11"E 211.28 FEET; 5) N29"55'39"E 24258 FEET; 6) N11i5'30"E 183.64 FEET; 7) N22"47'35"E 178.02 FEET; 8) N12"05'14"E 42.07 FEET; 9) N07"02'30"W 36.22 FEET; 10) N28i6'15"W 86.07 FEET; 11) N06"31'16"W 37.29 FEET; 12) N28"59'JJ"E 44.01 FEET TO THE NORTHERLY LINE OF SAID PERRY RESULTING PARCEL; THENCE THE FOLLOWING TWO (2) COURSES ALONG SAID NORTHERLY LINE: 1) 65.90 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 420.00 FEET, A CENTRAL ANGLE OF 08"59'22", AND A CHORD THAT BEARS S82"01'42"E 65.83 FEET; 2) 26.32 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 148.83 FEET, A CENTRAL ANGLE OF 10"08'03", AND A CHORD THAT BEARS S81 "27'21 "E 26.29 FEET TO THE NORTHEASTERLY CORNER OF SAID PERRY RESULTING PARCEL; THENCE THE FOLLOWING TWELVE (12) COURSES ALONG THE EASTERLY LINE OF PERRY RESULTING PARCEL 1) S67i0'18"W 58.38 FEET; 2) S28"59'33"W 14.90 FEET; 3) S06"31'16"E 11.68 FEET 4) S28i6'15"E 85.84 FEET; 5) S07"02'JO"E 54.02 FEET; 6) S12"05'14"W 55.18 FEET; 7) S22"47'35"W 177.66 FEET; 8) S11i5'30"W 186.81 FEET; 9) S29"55'39"W 257.98 FEET; 10) S45"48'41"W 214.13 FEET; 11) S36"23'47"W 3.22 FEET; 12) S00"52'24"W 1255.08 FEET TO THE POINT OF BEGINNING ALSO KNOl'IN AS "SOUTH PARCEL" ACCORDING TO THE FINAL PLAT, 7W RANCH, RECORDED MARCH 27, 2008 AS RECEPTION NO. 745515. CONTAINING 218.254 ACRES, MORE OR LESS, HAVE CAUSED THE DESCRIBED REAL PROPERTY TO BE SURVEYED, LAID OUT AND PLATTED AS SHOl'IN ON THIS PLAT UNDER THE NAME AND STYLE OF 7W GVEST RANCH MINOR SUBDIVISION A SUBDIVISION IN THE COUNTY OF GARFIELD. THE Ov.NER DOES HEREBY DEDICATE AND SIET APART ALL OF THE STREETS AND ROADS AS SHOWN ON THE ACCOMPAN'l'ING PLAT TO THE USE OF THE PUBLIC FOREVER, AND HEREBY DEDICATE(S) TO THE OWNERS OF THE LOTS THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE LABELED AS UTILITY EASEMENTS ON THE ACCOMPAN'l'ING PLAT AS PERPETUAL EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES, IRRIGATION AND DRAINAGE FACILITIES INCWDING, BUT NOT LIMITED TO, ELECTRIC LINES. GAS LINES AND TELEPHONE LINES, TOGETHER WITH THE RIGHT TO TRIM INTERFERING TREES AND BRUSH, WITH PERPETUAL RIGHT OF INGRESS AND EGRESS FOR INSTALLATION AND MAINTENANCE OF SUCH LINES. SUCH EASEMENT AND RIGHTS SHALL BE UTILIZED IN A REASONABLE AND PRUDENT MANNER. ALL EXPENSE FOR STREET PAVING OR IMPROVEMENTS SHALL BE FURNISHED BY THE SELLER OR PURCHASER, NOT BY THE COUNTY OF GARFIELD. EXECUTED THIS __ DAY OF--------A.O., 2014. OWNER: 7W GUEST RANCH, LLC P .0. BOX 5259 3412 COUNTY ROAD 151 EAGLE, CO 81631 STATE OF COLORADO COUNTY OF GARFIELD ~ .. ) THE FOREGOING CERTIFICATION OF DEDICATION AND Ov.NERSHIP WAS ACKNOWLEDGED BEFORE ME THIS ---DAY OF 2014, BY---------~ AS OF 7W GUEST RANCH, LLC. MY COMMISSION EXPIRES: __________ _ YrlINESS MY HAND AND OFFICIAL SEAL NOTARY PUBLIC SURVEYOR'S CERTIFICATE I, FRANK W. HARRINGTON, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO, THAT THIS PLAT IS A TRUE, CORRECT AND COMPLETE PLAT OF 7W GUEST RANCH MINOR SUBDIVISION AS LAID OUT, PLATTED, DEDICATED AND SHOl'IN HEREON, THAT SUCH PLAT WAS MADE FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME AND UNDER MY SUPERVISION AND CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS AND STREETS OF ZW GUEST RANCH MINOR SUBDIVISION AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE SUBDIVISION OF LAND. IN YrlINESS WHEREOF I HAVE SET MY HAND AND SEAL THIS __ DAY OF------2014. B~--=,,..,.,.C":"C,,,...,""'"'""'"'"""~...,...,,....,,.,....,.,,==--=.,....,=--FRANK W. HARRINGTON, LS. NO. 19598, CfedS HIGH COUNTRY ENGINEERING, INC. 1517 BLAKE AVENUE, SUITE 101 GLENWOOD SPRINGS, CO 81601 * P ELIMINA Y 10/30/14 CLERK AND RECORDER'S CERTIFICATE THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY AT __ O'CLOCK ON THIS __ DAY OF A.O. 2014, AND IS DULY RECORDED AS RECEPTION NO. ________ _ CLERK AND RECORDER B~-==-o=o---------------DEPUTY z 0 Ui ~ I!'. ci z [ ~I!'. ~ " • 0 z - <f 5 ~~ -6 t;l a. ~ .. 0 IL - "' I!! w ~ < ~ u " PROJECT NO. 2111662 I OF2 NORTH GRAPHIC SCALE i~-~-~-~i-100~1 ~i--·i------i ( IN FEET ) 1 inch = 200 fl. I tf;_~' i /!I;'«. "'\ I' l/1, ""----15• RIGHT-OF-WAY EASEMENT TO z i 1 I EAGLE VALLEY TELEPHONE COMPANY ~ \1 BOOK 501 PAGE 958 ~ \\ \ RECEPTION NO. 281373 OWER if WATTERS, DARRELL & JACQ~EL YN R. j / J PARCEL NO. 1863-223-0~92 /; /f I ;1 l'IJ-_ -- 11 I ' ////I '-\ W 1/4 CORNER SECTION 22 I I I ~~-=-~~NS 2-1/2" GLO BRASS CAP \ / ~-=----,:::: ~~ ' ~ --__ __./ COUNTY ;-----i11 1 °""'.._ - ROAD 151 I\\ I .......... .._ (40' R.O.W.) // I --.. -.... -.... FOUND NO. 5 REBAR AND YELLOW PLASTIC CAP MARKED PROP CORNER HCE LS 19598 ALONG THIS LINE 7W GUEST RANCH MINOR SUBDIVISON A PARCEL OF LAND SITUATED IN THE SE 1/4 OF SECTION 21, SW1/4 OF SECTION 22 AND THE /NE 1/4 OF SECTION 28 TOWNSHIP 3 SOUTH, RANGE 87 WEST OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO SW1/4 (SEC. 22) QmlEB. WATTERS, DARRELL & JACQUELYN R. PARCEL NO. 1863-223-00-092 FOUND REFERENCE MONUMENT 2• ALUMINUM CAP LS19598 LOT2 I RANCH MANAGER'S I PARCEL FOUND NO. 5 REBAR a.OOO± AC. POINT OF BEGININNG AND YELLOW PLASTIC CAP NE CORNER ' I I I k I I I I iJYltifJi BURKE, SHANNON & MARCY, RODNEY PARCEL NO. 1863-272-00-122 ,- \ I I I I NW1/4 (SEp. 27) I I I I I I I I I I I iJYltifJi GREEN, SCOTT & CAPPIE 600 COTTONWOOD PASS ROAD GYPSUM, CO 81637 PARCEL NO. 1863-272-00--121 EAST 1/ 4 CORNER SECTION 28 3• GLO BRASS CAP (FND) El<ISTING /I I I I 1w GUEST RAN"Ci+..'o FOOT R~~':J~y I Ji f/ ACCESS RIGHT-OF::-WAYti.ii~MENT / / / RECEPTION NO. 341704 AND 453914 ------(,/:,_-~ "/ 1 PARCEL B OF RECEPTION NO. 614701!--.... MARKED PROP CORNER BOUNDARY AGREEMENT SECTION 28 HCE LS 19598 I RECEPTION NO. 498777 3• GLO BRASS CAP (FND) A 1 !\ I " I '---" EXISTING WIRE FENCE\ (BASIS OF BEARINGS)\ x---;l;.-1 -x-,_,-:_,.,,_,,.."'--x----•----x x·---·---S01'53'5B"E 2752.96' \\ • -=---~7H1 ...._ .......__ /I x----x--soo·52'24"W 1255.0B'--+~ x ..... UTILITY & ACCESS EASEMENT FOR LOT 2 -... ~ '-TESTWUIDE. PAUL ANDERSON & JANET MARIE '-..., PARCEL NO. 1863-214-00-098 I I I ' l \ \ \ I ............. __ ............... SEE DETAIL ', "A" '....._ ___ _,..-----..._ ..-I ..._ ........ ' /~ ~, ,,.. I -..... ' ' ' ' // I ', / I ' ' ' ' / / FOLINO NO. 5 REBAR '. // II I I ANO YEl.l.OW Pl..AS11C c ' \ MARKED PROP CORNER '\ HCE LS 19598 ALONG THIS LINE I I \ I 8 \ I FOUND NO. 5 REBAR-t----41 L5 LS I ANO ALUMINUM CAP \ LS NO 26598 I I \ f o I \ I L17 I '\ I ' I / ' I / ' I \ / '-..... I \ ,,..,,../ '\ \ \ \ \ \ '~~ ~ -----~-==--=---==----_... ------------- 1 I I I I + EJ<ISTING GRAVEL ROADWAY OWNER 655.15' 8WELL BURNT PARK TRAIL. LLC PARCEL NO. 1863-214-00-117 CREEK~ -.----- ---,i 1-~-ACCESS EASEMENT REC. NO. 608535 LINE DATA LINE BEARING LENGTH L1 S6710'18"W 58.38' L2 s25·59•33•w 14.90' L3 S06"31'16"E 11 .68' L4 S2816'15"E 85.84' L5 507'02'30"E 54.02' L6 S12'05'14"W 55.18' L7 S22"47'35"W 177.66' LB S1115'30"W 186.81' L9 s29·55•39•w 257.98' L10 S45"48'41"W 214.13' L11 S36"23'47"W 3.22' L12 N36"23' 47"E 191.53' L13 N45"49'11"E 211.28' L14 N29"55'39"E 242.58' L15 N1115'30"E 183.64' L16 N22"47'35"E 178.02' L17 N12'05'14"E 42.07' LIB N07'02'30"W 36.22' L20 N2816'15"W 86.07' L21 N28"59'33"E 44.01' L22 N54"54'50"E 212.19' L23 N46"37'11"E 221.70' L24 N36"23'51"E 188.66' CURVE DATA CURVE RADIUS DELTA C1 420.0o' 06"59'23" C2 148.83' 10"08'03• NO'llCE: ACCQRDlllG 10 COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN lHIS SURVEY WllllN THREE YEARS AFTER Ya.I FIRST DISCOVER SUat DEFECT. IN NO EVENT MAY ANY ACTION BASED UP<Jll ANY DEFECT It lHIS SUR'VEY BE COMMENCED MOOE lHAN TEN YEARS FROM lHE DAlE OF CERTlFICAllON SHDYIN HEREON. LENGTH TANGENT CHORD BEARING 65.90' 33.02' S 82"01'42" E 26.32' 13.20' S 81"27'21" E CHORD 65.83' 26.29' S-C 1/16 CORNER SECTION 21 REBAR & CAP LS. NO. 16842 (FND) -~~ 599.93' SET NO. 5 REBAR & YELLOW PLASTIC CAP MARKED PROP CORNER HCE LS 19598 (TYPICAL) ~ ~ ~ ~ ""' /20' HOLY CROSS '-'-EASEMENT ~ FOR LOT 2 /~ ~ ~ ~ ~ OVERHEA~ POWERUNE (TYPICAL) # 20' HOLY CROSS EASEMENT RECEPTION NO. 251098 \ NORTH 1/4 CORNER SECTION 28 I \ 3" GLO BRASS CAP (FND) \ '\ = c ........ \ I OWER POLE (TYPICAL) 20' HOLY CROSS EASEMENT RECEPTION NO. 414199 EXISTING STRUCTURES / a; I LOT 1 GUEST RANCH PARCEL 215.254± AC. / ./ ... ~EXISTING DITQi I / / / ( I ( I \ ) \/ . ·. "--EXISTING DITQi -...... I \ I "'-··· / I I ( " I " / ./ " " " ! "' ..... I') "' "' " "' ~ • ~ in ~ "' ao z .. I .. I .. I " I " I CENTER 1/4 CORNER SECTION 28 3" ALUMINUM CAP LS NO 19598 (FND) WEST 1 /4 CORNER SECTION 28 GLD BRASS CAP (FND) x I I I I I I I I I I I I I I I I I I r-- 1 ___,__._ ---.:........:._J-- >-w z.,, o-o-°' I ,_,8 of 'le~ I'"~ <¥.., z:s o-z• zO <z ~~ ~a. => m I I /#/ . ~ . <______/ S00"20'36"E 2692.98' SOUTH 1/4 CORNER SECTION 28 GLO BRASS CAP (FND) z 0 Ui ~ []'. ci z PROJECT NO. 2111662 20F2 • HIGH COUNTRY ENGINEERING, INC. 1917BLAKEAVENUE,STE 101, GLENWOOD SPRINGS, CO 81801 PHONE (970) IM58e78 FAX (970) IMS-2Hl5 WWW.HCENG.COM BRIAN WIDHALM GARFIELD COUNTY, CO 7W RANCH MINOR SUB. UTILITY EXHIBIT GARFIELD COUNTY DRAWN BY: SCALE: DRD 1" = 100' CHECKED BY: RO.JECT o: DRD 2111662 DATE: PAGE: 10-30-14 1OF1 FIL.E:: J:/SDSKPROJ/2 1 1/1662/DWG/lITIUJYMAP 7W GUEST RANCH MINOR SUBDIVISON A PARCEL OF LAND SITUATED IN THE SE 1/4 OF SECTION 21, SWI / 4 OF SECTION 22 AND THE NE 1/4 OF SECTION 28 TOWNSHIP 3 SOUTH, RANGE 87 WEST OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO DRAWN BY: SCALE: RPK 1" = 2,000' • HIGH COUNTRY ENGINEERING, INC. 11117 BLAKE AVENUE, STE IOI, GLENWOOD SPRINGS, CO 81801 PHONE 1870) 1141MH1'78 P'AX (970) IMNBISIS WWW.HCENG,COM GYPSUM, COLORADO 7W GUEST RANCH VICINITY MAP GARFIELD COUNTY' CHE;CKE:D BY; RPK PRo.JE:Cf NO: 2111662 DATE;: E>-2~14 1 OF I FJL..E:: J;/SDSJ<PROJ/21 I/ 1662/DWG/F?l..AT 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 Telephone ~ 970.945.8676 Fax ~ 970.945.2555 www.hceng.com An Employee-Owned Company October 30, 2014 Garfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: 7W Guest Ranch Minor Subdivision Application Engineering Letter and Waiver Requests SHARED DRIVEWAY AND EMERGENCY ACCESS The applicant is proposing a 12 foot wide “primitive/driveway” road section that would serve as the driveway to Lot 2 about 1,200 feet beyond the access gate to the ranch. The number of trips generated by 1 single family home and the possibility of an ADU in the future fits the ADT ranch of 0-20 for a “primitive residential”. This driveway must be a minimum of 12 feet in width with a gravel surface compatible with fire trucks. The road standard should have no slopes greater than 12% and include a minimum 3 foot wide ditch or whatever the drainage basin above the driveway requires. The driveway surface will require a minimum 12 inch compacted subgrade and an 8 inch Class 6 gravel section. The existing shared driveway connects to County Road 151 within a 30 foot wide access easement that was granted for another property across the ranch. This corridor will need to be revised to allow Lot 2 ingress/egress across the 50 foot wide north portion of Lot 1 and address maintenance and repair responsibilities for the shared driveway. The 7W Guest Ranch is currently funding the maintenance for the 1200 foot section of driveway shared with Burnt Park Trail, LLC (the property to the adjoining the north portion of the Ranch to the west). The driveway has a private access gate which requires a code to access but also allows the fire department to override the security measures. The existing shared access road varies from 12- 14’ feet in width with slopes that do exceed 10% in areas but is typically about 8% slope. The shared driveway is not currently used often during the winter months. The ranch manager, who is also the intended owner of Lot 2, is currently performing all of the winter maintenance and plowing. The 7W Guest Ranch Minor Subdivision is within the Gypsum Fire Protection District. The District has a station (Station #23) at 600 Sweetwater Road to the north of the property from which trucks will be serving the property. The District Deputy Chief and Fire Marshall Justin Kirkland are familiar with the existing conditions of the property’s driveway and County Road 151 up from Sweetwater Road. He has no objection to the addition of a driveway off of the existing ranch driveway to access the proposed Lot 2 “Ranch Manager Parcel”. There will need to be a location to turn the fire trucks around near the future structure. The turnaround could be done with a hammerhead tee at the intersection of the Lot 2 driveway or with a turnaround at the future house if the driveway length is beyond the distance that the Fire Marshall is willing to Land Surveying Civil Engineering Page 2 of 9 7W Guest Ranch Minor Subdivision 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 Telephone ~ 970.945.8676 Fax ~ 970.945.2555 www.hceng.com back down the driveway. The Fire Marshall will review the future building permit application to determine where the fire truck turnaround will be and if pullouts will be required to allow passing along the driveway. The future building site has not yet been decided so it is not possible to prepare a design of the driveway at the Minor Subdivision stage of approvals. Exhibit 1: Existing shared driveway gated entry off County Road 151 that is typically closed but does provide a lock box for access by emergency services. The existing 7W Ranch property currently has a number of buildings that have established bedrooms according to the County Assessor’s website. The current total number of bedrooms is 10 over a series of buildings. The 7W Guest Ranch is currently used as a camp for adults for short periods of time during the warmer months of the year. There are typically no more than 12 campers and up to 10 volunteers to support the camp. These guests are driven up to the Ranch via a bus so the traffic volumes are limited to a couple of volunteers and a few bus trips. The Burnt Park Trail, LLC property currently has 5 bedrooms per the County Assessor’s website from two buildings. This property generates up to 48 trips on a typical weekday when the property is in use. The nature of this property though means that residents will not be making commuting trips. Page 3 of 9 7W Guest Ranch Minor Subdivision 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 Telephone ~ 970.945.8676 Fax ~ 970.945.2555 www.hceng.com The estimation of peak traffic for any traffic at one time would be 6 single family buildings for the proposed 3 properties. Per the ITE trip generation manual, the design capacity is 58 trips (9.57 trips per unit). So, the County road classification for this shared section of driveway fits the semi primitive standard. The existing drive beyond lower two turnoffs would see a reduction in trips since the active ranch manager will now be relocated out of Lot 1 and thus reducing the number of trips up to the main ranch facilities. There is no reason to revise the existing driveway up to existing buildings on Lot 1 and it most closely fits the primitive residential standard. We are proposing that the shared portion of the driveway should be widened at a few spots along the 1200 feet length in lieu of a total reconstruction of the existing driveway. The limited number of trips due to the seasonal non-commuter traffic should allow for the option to provide a couple of gravel pullouts in order to allow passing. As the photos show there is not an issue with site distance along the road so it will not be difficult to anticipate oncoming vehicles and avoid having to back down any portion of the driveway. The applicant is proposing that two 22 foot wide pullouts be adding at approximately the 400’ and 800’ marks along the shared driveway up to the wide berth at the fork in the road to the Burnt Park Trail, LLC property at approximately 1200 feet. The 10’ pullouts will be 50’ long with 2.5:1 transition on both ends back to the 12’ driveway (100’ total length). These pullouts will allow for passing while keeping traffic on a structural road surface. Exhibit 2: Existing 7W Ranch driveway along the 1200 foot section of shared driveway use for 7W Ranch and Burnt Park Trail, LLC property. Page 4 of 9 7W Guest Ranch Minor Subdivision 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 Telephone ~ 970.945.8676 Fax ~ 970.945.2555 www.hceng.com The proposed driveway for Lot 2 is currently expected to come off the existing ranch road about 70-200’ beyond the existing fork in the driveway to the Burnt Park Trail, LLC property. The grades along where the new driveway is proposed are approximately 8-10%. Exhibit 3 below shows the moderate grades around where the existing fork is and the future Lot 2 driveway will come off just beyond the fork. The grades beyond the driveways begin to climb above 10% only after the shared portion of the driveway. Exhibit 3: Existing shared driveway looking south towards the fork in the road to the Burnt Park Trail, LLC driveway to the southwest. This section of driveway is about 8-10% slope. Page 5 of 9 7W Guest Ranch Minor Subdivision 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 Telephone ~ 970.945.8676 Fax ~ 970.945.2555 www.hceng.com Exhibit 4: Existing 7W Ranch driveway south of the proposed Lot 2 driveway at the gate to the main ranch operations area and residence. Waivers of Road Design Standards: The applicant is requesting a number of design waivers for the shared driveway. The driveway acts as a private road that has been in place prior to the current road standards: 1) The proposal of pullouts at the 400 foot and 800 foot points from the intersection of the County Road along the existing shared road. This would be a substitute to upgrading this long standing existing driveway to a semi primitive standard. The existing road meets the standards for 50 feet minimum radius and has sufficient sight distance to allow easy coordination of passing. This is not a safety concern due to the low speeds on the private road and the small typical traffic use for most of the residential units served from the property. The 22 foot wide proposed pullouts will go beyond the 16 foot wide lane width typical of the semi primitive road standard. The type of vehicles on the shared driveway is typically limited to passenger cars and trucks and the occasional bus or van for when the camp is active. 2) The 10% max grade for the semi primitive standard not met along the northern section of the shared driveway. This section of driveway has slopes up to around 14%. The Page 6 of 9 7W Guest Ranch Minor Subdivision 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 Telephone ~ 970.945.8676 Fax ~ 970.945.2555 www.hceng.com majority of the driveway stays below the 10% slope condition. The platform of about 30 feet width along this steep section of driveway and the smooth horizontal curves no less than a 220 feet radius diminish the safety concerns related to a section of steep grade since there are no hazards along this portion of the driveway. This is an existing private road that has been in use for many years without incident along this section of the driveway. Winter maintenance is handled by the full time resident of the properties and that individual is normally the only resident during the time of year where plowing will be occurring. The revised maintenance agreement will be provided prior to the recording of the plat. There is no proposed change to the driveway to the main ranch beyond the new driveway so it is not appropriate to require upgrades to this existing developed property. WATER The 7W Guest Ranch is currently served off a well on the proposed Lot 1. The proposed Lot 2 will be served off an existing well in the middle of the proposed 3 acre parcel. The individual water demand of this lot will be typical of a single-family residence. Lot 2 can be expected to demand approximately 550 gallons/day based on a 3.0 persons/residence occupancy rate. The applicant is still awaiting the final water testing results for the existing monitoring well. This well will be converted to a fee well prior to final approval of the minor subdivision. The owner of Lot 2 will be responsible for the construction costs, maintenance, and operation costs Lot 2 well and water supply infrastructure. SEWER Lot 2 of the 7W Guest Ranch will be served by an independent Individual Sewage Disposal Systems (ISDS) from the rest of the property. The sewage generated by the lot will be typical of a single-family residential house and based on the number of bedrooms proposed with the building permit. The owner of the future Lot 2 will be responsible for performing a soils suitability analysis of the proposed septic field location that will be used to complete an engineered ISDS system. The applicant is asking that the request of the County Staff to perform this study be waived during the Minor Subdivision process and delayed till building permit since a house location has not been established on the 3 acre parcel. The maintenance of the system will be the responsibility of owner of Lot 2. The general location of the septic field is anticipated to be on near the east property line of Lot 2. The field must stay at least 100 feet from the existing well as well as stay at least 10 feet west of the east property line. SHALLOW UTILITY The 7W Guest Ranch Minor Subdivision already has electric serving the existing facilities on the proposed Lot 1. Electric service comes from the existing Holy Cross overhead power line extending from the northwest corner of the ranch. This line currently terminates at the existing ranch facilities. The applicant will be establishing a 20 foot wide Holy Cross overhead electric easement across the northeast corner of Lot 1 to the middle of the frontage of Lot 2. This easement may have to be relocated following construction of the constructed alignment does not follow the platted alignment. Since the Lot owner is also the ranch manager for Lot 1, the applicant is asking that the overhead electric easement satisfy the County that the access to power is provided to Lot 2 and that the applicant not be required to install the overhead line at the Minor Subdivision submittal stage. Page 7 of 9 7W Guest Ranch Minor Subdivision 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 Telephone ~ 970.945.8676 Fax ~ 970.945.2555 www.hceng.com An existing telephone pedestal is in place along the existing ranch driveway. The applicant is proposing extending an underground telephone service line from this pedestal along the future driveway alignment. The 50 foot wide portion of Lot 1 from County Road 151 to Lot 2 is being proposed to provide a blanket utility easement for telephone service to Lot 2. The nearest existing telephone easement is a 15 foot wide Eagle Valley Telephone Company easement along County Road 151. There are not any natural gas service or distribution lines on the ranch and there are no plans to extend service up to this portion of County Road 151 in the future. There is not cable television service available along this portion of County Road 151. Cable television will not be installed to serve the subdivision. IRRIGATION The existing irrigation usage on the ranch is for sprinklers on the lawn areas. Lot 2 will not be conveyed any existing irrigation water rights from Lot 1. The ranch manager does not plan on having any irrigated land within Lot 2. TRAFFIC IMPACT FEES The Single-Family Detached Housing (210) trip generation chart from the ITE Trip Generation, 6th Edition was utilized to determine the ADT (average daily trips) for the proposed 3 acre lot. The trip generation for a single family residence is 9.57 trips per single family dwelling unit. However, the creation of Lot 2 will likely reduce the number of trips on County Road 151 since this lot is intended for the Lot 1 ranch manager. The number of trips currently required to and from the ranch for work will be eliminated on County Road 151 but will be increased for the less frequent non-work related trips due to a rural property of this nature. The applicant is asking for this fee to be eliminated or reduced considering the unique scenario of the lot being for an employee of the larger ranch property. NATURAL HAZARDS OR GEOLOGICAL CONSTRAINTS The proposed Lot 2 is moderately sloped at about 15% and covered in brush vegetation. There are not any known hazards on or uphill of the property that should restrict where the house can be placed on the 3 acre lot. The photo below is depicts the typical existing land at the likely building location to the south of the existing well located in the near middle of the lot. Page 8 of 9 7W Guest Ranch Minor Subdivision 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 Telephone ~ 970.945.8676 Fax ~ 970.945.2555 www.hceng.com A geotechnical study of the future building footprint must be performed as part of the building permit process. EROSION CONTROL PLAN There is no need for an erosion control plan because there are no plans for subdivision improvements as part of the Minor Subdivision application. The work to provide utilities and access across Lot 1 will be done as part of the building permit and erosion control will be handled at that stage of review. The lot will utilize drainage ditches along the future driveway as well as temporary sediment control fencing downhill of the driveway building excavation, and septic field installations. Sincerely, Dan R. Dennison, P.E. High Country Engineering, Inc. Page 9 of 9 7W Guest Ranch Minor Subdivision 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 Telephone ~ 970.945.8676 Fax ~ 970.945.2555 www.hceng.com BEATTIE, CHADWICK & HOUPT, LLP AlTORNEYS AND COUNSELORS AT LAW 932 COOPER AVENUE GLENWOOD SPRINGS, CO 81601 STEVEN M. BEAITIE GLENN D. CHADWICK JEFFERSON V. HOUPT JULIES. HANSON RYAN M. JARVIS TELEPHONE: 970·945·8659 FAX: 970·945·8671 JHANSON@BCH-LAW.COM December 11, 2014 Dave Pesnichak Garfield County Community Development 108 8th Street, #401 Glenwood Springs, CO 81601 Re: 7W Guest Ranch Minor Subdivision Application Dear Dave: Below are additional submittal responses on behalf of 7W Guest Ranch, LLC for the above described Minor Subdivision Application. The remaining outstanding issues are as follows and the numbers coordinate to the NTC Letter dated August 11, 2014: Access: (2) Nature of the Access Easement regarding restriction to "lineal descendants". As a part of the explanation, please state whether a sharing agreement is necessary. The Access Easement is described in three different recorded documents, all of which are non-exclusive and do not prohibit the access to Lot 2. The Draft Plat creates a Utility and Access easement serving Lot 2. The Applicant does not see a need for a sharing agreement at this point. If the County determines that a sharing agreement is necessary, Applicant is willing to discuss as a possibility. (3) Please identify whether any new driveways will conform to the dimensional standards found in Section 7-107. The Applicant commits to the lowest standard "Primitive/Driveway on table 7- 107" for the new lot's driveway which is a 12' single lane. The Applicant proposes that, during the building permit process when the driveway is laid out, the need for drainage swales and fire access will be evaluated which may require additional width depending on fire truck turning movements and the length of driveway. In terms of the County Road standards, the 12' wide drive fits the needs based on the anticipated traffic generation for the single family residence. Mineral Interests : ( 4) The names and addresses of the mineral estate owners are as follows : Water/Sewer: Anthony Perry 1908 Shelburne Road Shelburne, VT 05482 7W Guest Ranch , LLC PO Bo x 5259 E agle , CO 81631 (5) Pump test and water quality test for the new well. Per your e-mail December 10 , 2014 this item will be a condition of approval completed prior to signing of the plat. ( 6) Well permit. The well permit application has been submitted and is pending review. Per your e- mail December 10 , 2014 this item will be a condition of approval. (7) Soil percolation tests . Per your e-mails dated December 4 , 2014 and December 10 , 2014 this item will be a condition of approval and will be tied to the building permit. Please let me know if you need further submittal materials at this time Please let me know if you have any questions or need additional information. Very truly yours, Julie S. Hanson 2 COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST., Ste 821, DENVER, CO 80203 Main : (303) 866-3581 Fax: (303) 866-2223 dwroermitsonline@state .co.us RESIDENTIAL Note: Also use this form to app ly for livestock watering Water Well Permit Application Review form instructions prior to completing form. Hand completed forms must be completed in black or blue ink or typed . ...... ~ .. ~ .... ~.ppli~.~'.1! .. l.11fc:>~~~!ic:>.11 ................. -· -......... ... .. ...... ··············· ·····································-····· .. Name(s) 7W Guest Ranch, LLC I Brian Widhalm ·····MaTi ing··aadres·s .......... · ············································-····· 1121 Sweetwater Road ~~~~~-~------------,C-s~-a-t-e ---~i-;-~-~-;-d;·------.. ----• Telephone (wlarea code) 970-524-9328 i E-mail 2. Type Of Application (check applicable boxes) O Construct new well O Change source (aquifer) 0 Replace existing well 0 Reapplication (expired permit) • Use existing well 0 Rooftop precip . collection Office Use Only J Form GWS-44 (7/2012) 6. Use Of Well (check applicable boxes) See instructions to determine use(s) for which you may qualify O A. Ordinary household use in one single-family dwelling (no outside use) • B. Ordinary household use in 1 to 3 single-family dwellings : Number of dwellings : ~3~--- • Home garden/lawn irrigation , not to exceed one acre: area irrigated 1 D sq. ft. Pd acre Iii Domestic animal watering -(non-commercial) D C. Livestock watering (on farm/ranch/range/pasture) 7. Well Data (proposed) MaximumpumPin9raie .. ...... --.. T Annuaiamount to be withdrawn "" . 0 Change or increase use 0 Other: i-=:....::::.::::.:..:..~~::..::..::::::.:::....:::.:::.:::....~~~_:::;..;::.::~==~~~~~~15 3. Refer To (if applicable) .. . __ ··········' __ __ . gpm I 1 acre-feet We ll permit# i Water Court case# ;;t~ depth feet i Aquifer ?o~29~~~··9;;5;;:;501;;;r;;;;;:;;;1r0n1i" ····---.......... J ·w€1Tiia'ri1ear#-------· -··············-__ 1-8-_-w_a_t_e_r_S_u_p_p_li_e_r ____ _._i -----------------1 4. Location Of Proposed Well (Important! See Instructions) county . r ............................................................................ _ .......................................................... .. Garfield SE 114ofthe SE 114 .?SJct1~~-·--·-············ J 3own::: __ l ~or 87 ~r; I ~~~~~aiMeridlan Distance of we ll from section lines (section lines are typicall y not property lines) 894 Ftfrom r N rx s 199 Ftfrom l1r E CI W -For replacement wells only -distance and direction from old well to new well feet Direction "w ell locaii.on address (Include City , State , Zip) •Check if well address is same as in Item 1. Ontional: GPS well location information in UTM format. GPS unit settings are as follows : Format must be UTM [ Zone 12 orl r Zone 13 Easting:_3_1 _5_1_6_4 ______ _ Units must be Meters Datum must be NAD83 Northing 4404886 Unit must be set to true north Remember to set Datum to NAD83 Was GPS unit checked for above? 0 YES 5. Parcel On Which Well Will Be Located ................................ (Y.l:l':l'.1:1':l~t.c.i!!<.'.c;~ .... C:':lr.r.~r.i.t. .. c:l~.~.c:l ... f.1:>.r. .. t.~~-s1:11,li~c;t._P..<.'tC:~IL A. You must check and complete one of the following: O Subdivision: Name Lot _____ _ Block -------Filing/Unit ___ _ 0 County exemption (attach copy of county approval & survey) Name/# Lot# ----- 0 Parcel less than 35 acres, not in a subdivision attach a deed with metes & bounds description recorded prior to June 1, 1972, and current deed D Mining claim (attach copy of deed or survey) Name/#: ______ _ D Square 40 acre parcel as described in Item 4 • Parcel of 35 or more acres (attach metes & bounds description or survey) 0 Other: (attach metes & bounds description or survey) B . #ofacresinparcel I C. Areyoutheownerofthisparcel? 35 ~ YES [) NO _______ _ o'. ~;;~7~ be the only well on this parcel? fxl YESIJ1 NO (if no -list other wells) E. State Parcel ID# (optional): Is this parcel within boundaries-ofa-waier-serviCearea?E i:Y'E"sr~i--N'C)"---·-· lf yes, provide name of supplier : 9. Type Of Sewage System • Septic tank I absorption leach field O Central system: District name: --------------- 0 Vault: Location sewage to be hauled to: __________ _ 0 Other (explain) 10. Proposed Well Driller License #(optional): 11. Sign or Enter Name of Applicant(s) or Authorized Agent ·rhemakin9offa!Se5iatemeni5 ilerein consiiiuies ilefiuiYTntilesecond degree, which is punishable as a class 1 misdemeanor pursuant to C.R.S . 24-4-104 (13)(a). I have read the statements herein, know the contents ~~c~Jrr~~ If signing print name and title Office Use Only "LiuiSs·1GGis3imTi;a3op nnaanmnee• ................... ~ ............ _............................. Tl ovvRrnao -m ... o~ ..................... ! 1 s;u;f8;;:;;;;iev ............................ . AQUAMAP WE WR CWCB TOPO MYLAR SBS Receipt area inly DIV __ WD __ BA __ MD __ NORTH GRAPHIC SCALE 200 o 1 OD 200 400 BOO 1~-~·rr11_• ~I ~I ~I liiiiiiiiiiiillillill---1 ( IN FEET ) 1 inch = 200 fl. QWJ,l.EB. WA TIERS, DARRELL lie JACO ELYN R. PARCEL NO. 1863-223-0 -092 W 1/4 CORNER SECTION 22 2-1/2" GLO BRASS CAP (FND) COUNTY ---!/ ROAD 151 (40' R.O.W.) EXISTING GRAVEL ROADWAY FOUND NO. 5 REBAR-+---111) AND ALUMINUM CAP LS NO 26598 15' RIGHT-OF-WAY EASEMENT TO EAGLE VALLEY TELEPHONE COMPANY BOOK 501 PAGE 958 RECEPTION NO. 281373 7W GUEST RANCl'l--.J.O ACCESS RIGHT-OF-WAY FOUND NO. 5 REBAR AND YELLOW PLASTIC CAP MARKED PROP CORNER HCE LS 19598 ALONG THIS LINE RECEPTION NO. 341704 AND 4 PARCEL B OF RECEPTION NO. 61470 QWJ,l.EB. TESTWUIDE, PAUL ANDERSON lie JANET MARIE PARCEL NO. 1863-214-00-098 SEE DETAIL "A" FOUND NO. 5 REBAR AND YELLOW PLASllC CA MARKED PROP CORNER HCE LS 19598 ALONG lHIS LINE L5 L6 L17 7W GUEST RANCH MINOR SUBDIVISON A PARCEL OF LAND SITUATED IN THE SE 1/4 OF SECTION 21, SW1/4 OF SECTION 22 AND THE /NE 1/4 OF SECTION 28 TOWNSHIP 3 SOUTH, RANGE 87 WEST OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO SW1/4 (SEC. 22) Qm!fB. WA TIERS, DARRELL lie JACQUELYN R. PARCEL NO. 1863-223-00-092 LOT2 FOUND REFERENCE MONUMENT 2" ALUMINUM CAP LS19598 / RANCH MANAGER'S PARCEL 3.0DD±Ac. POINT OF BEGININNG NE CORNER SECTION 28 FOUND NO. 5 REBAR AND YELLOW PLASTIC CAP MARKED PROP CORNER HCE LS 19598 I BOUNDARY AGREEMENT RECEPllON NO. 498777 soo·52'24"w 1255.08' 3" GLD BRASS CAP (FND) EXISTING GRAVEL ROADWAY 655.15' 8 WELL 30 FOOT ACCESS EASEMENT RECEPTION NO. 745889 QWJ,l.EB. BURNT PARK TRAIL, LLC PARCEL NO. 1863-214-00-117 CREEK ,.-------·----'<---I--• 599.93' SET NO. 5 REBAR lie YELLOW PLASTIC CAP MARKED PROP CORNER HCE LS 19598 (TYPICAL) 20' HOLY CROSS EASEMENT FOR LOT 2 OVERHEA POWER LINE (TYPICAL) POND \fl ·. l I . .J r l :: 11 11 01'.NER BURKE, SHANNON lie MARCY, RODNEY PARCEL NO. 1863-272-00-122 EXISTING WIRE FENCE\ N 1/4 (SE . 27) (BASIS OF BEARINGS) S01'53'58"E 2752.96' 1317.42'-----------------j OWER POLE (TYPICAL) 20' HOLY CROSS EASEMENT RECEPTION NO. 414199 EXISTING STRUCTURES LOT 1 GUEST RANCH PARCEL 215.254± AC. ---fl !---ACCESS EASEMENT REC. NO. 608535 LINE DATA LINE BEARING LENGTH L1 S6710'18"W 58.38' L2 S2B'59'33"W 14.90' L3 506"31'16"E 11.68' L4 S2B16'15"E 85.84' LS S07'02'30"E 54.02' L6 s12·05•14 ·w 55.18' L7 S22'47'35"W 177.66' LB S1115'JO"W 186.81' L9 S29'55'J9"W 257.98' L10 S45'4B'41"W 214.13' L11 S36'23'47"W 3.22' L12 NJ6'23' 47"E 191.53' L13 N45'49'11 "E 211.28' L14 N29'55'39"E 242.58' L15 N11'15'30"E 183.64' L16 N22"47'35"E 178.02' L17 N12'05'14"E 42.07' L1 B N07'02'30"W 36.22' L20 N2Bi6'15"W 86.07' L21 N28'59'33"E 44.01' L22 N54'54'50"E 212.19' L23 N46'37'11"E 221.70' L24 N36.23'51"E 1BB.66' CURVE DATA CURVE RADIUS DELTA C1 420.00' 08'59'23" C2 14B.B3' 10'08'03" NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ~y DEFECT IN TI·HS SURVEY WllHIN TI-IREE YEARS AFlER YOO FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPtli ANY DEFECT IN lHIS SURVEY BE COWMENCED MORE lHAN TEN YEARS FROM THE DATE OF CER11F1CAT10N SHOVIN HEREON. LENGTH TANGENT CHORD BEARING 65.90' 33.02' S 82'01'42" E 26.32' 13.20' S 81'27'21" E CHORD 65.83' 26.29' S001 8'53"W 550.69' S-C 1/16 CORNER SECllON 21 REBAR & CAP LS. NO. 16842 (FND) w ;,., Lll n ~ "' <Xl z ~ "'--··· 20' HOLY CROSS EASEMENT RECEPllON NO. 251098 CREEK NORTH 1/4 CORNER SECTION 28 3" GLO BRASS CAP (FND) N00'1 B'53"E 809. 71' " co N ii z 0 F= F= " " w w "' "' EXISTING DITCH QWM.Ell. WHITE RIVER NATIONAL FOREST PARCEL NO. 1869-202-00-951 EXISTING TRAIL EXISTING WIRE FENCE\ O'M'IER. GREEN, scan lie CAPPIE 600 COTIONWOOD PASS ROAD GYPSUM, CO 81637 PARCEL NO. 1863-272-00-121 EAST 1/4 CORNER SECTION 28 3" GLO BRASS CAP (FND) ""--EXISTING DITCH CENTER 1/4 CORNER SECTION 28 3" ALUMINUM CAP LS NO 19598 (FND) WEST 1/4 CORNER SECTION 2B GLO BRASS CAP (FND) S00'20'36"E 2692.98' SOUTH 1/4 CORNER SECTION 28 GLO BRASS CAP (FND) z 0 Ui ~ []'. w ~ 0 c.i z • 0 z - u .J 0 -'. 0 I~ uo z .J ~o f-u Ul • wW :J .J (j ~ ~w I' PROJECT NO. 2111662 20F2 COLO OIU WATER RESOURC 1313 SHERl'\All ST. RH 818 DEllUER, CO 80203 T ERHHIAL ID: 006353700 HERCHAllT tt: 107161589992 VISA Mxxxxxxxxxxxx7330 SALE BATCH: 002021 om: DEC 30, 14 SQ: 002 TOTAL IllUOICE: 021793 TIME: 14:35 AUTH 110: 168158 CUSTOMER COPV 3667810 17 PM Register# 11 fol al $100 00 Tllank PLAT NOTES: 1) BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF TRUE NORTH DElERMINED BY GPS OBSERVATIONS YIELDING A BEARING OF S01"53'58"E BElWEEN THE NE CORNER OF SECTION 28 AND THE EAST 1/4 CORNER OF SECTION 28, 3• GLO BRASS CAPS IN PLACE AS SHOl'IN HEREON. 2) DAlE OF SURVEY: DECEMBER 19, 2013. 3) LINEAR UNITS USED TO PERFORM THIS SURVEY WERE U.S. SURVEY FEET. 4) THIS SURVEY IS BASED ON RECEPTION NO. 745890, RECEPTION NO. 745889, RECEPTION NO. 745892, RECEPTION NO. 745514, RECEPTION NO. 745891, RECEPTION NO. 662729, FINAL PLAT 7-W RANCH RECORDED IN RECEPTION NO. 745515, PERRY/ROBERTS BOUNDARY LINE ADJUSTMENT PLAT RECORDED IN RECEPTION NO. 662321, AND CORNERS FOUND IN PLACE AS SHOl'tN. 5) THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS AND EASEMENTS OF RECORD OR IN PLACE AND EXCEPTIONS TO TITI.E SHOl'IN IN THE TITI.E COMMITMENT PREPARED BY SlEWART TITLE GUARANTY COMPANY, DAlED: NOVEMBER 22, 2013 (FILE NUMBER 01330-34882). 6.) THIS 7W GUEST RANCH MINOR SUBDIVISION IS SUBJECT TO ALL EASEMENTS AND PLAT NOlES SHOl'IN ON THE FINAL PLAT OF 7-W RANCH RECORDED AS RECEPTION NO. 745515. 7.) THE PERRY RESULTING PARCEL OF THE PERRY/ROBERTS BOUNDARY LINE ADJUSTMENT PLAT RECORDED OCTOBER 25, 2004 AS RECEPTION NO. 662321 WAS VACAlED BY THE FINAL PLAT OF 7-W RANCH RECORDED AS RECEPTION NO. 745515. 8.) THIS PROPERTY IS NOT SUBJECT TO MATlERS SHOWN ON THE ROBERTS EXEMPTION PLAT RECORDED AS RECEPTION NO. 525496. 6) COUNTY ROAD 151 RIGHT-OF-WAY IS BASED ON THE LOCATION OF THE EXISllNG GRAVEL ROADWAY. 7) SUBJECT TO PAlENT RESERVATIONS, THE MINERAL RIGHTS TO THIS REAL PROPERTY ARE NOT SEVERED FROM THE SURFACE, AND ARE NOT UNDER LEASE. 8) DOGS KEPT ON THE PROPERTY SHALL BE IN A FENCED YARD OR ON A LEASH TO PREVENT HARASSMENT OF WILDLIFE. 9) CONTROL OF NOXIOUS IS THE RESPONSIBILITY OF THE PROPERTY Ol'INERS. 10) NO OPEN HEARTH SOLID-FUEL FIREPLACES WILL BE ALLOWED ANYWHERE WITHIN THE SUBDIVISION. ONE (1) NEW SOLID-FUEL BURNING STOVE AS DEFINED BY C.R.S. 25-7-401, ET. SEQ., AND THE REGULATIONS PROMULGAlED THEREUNDER, WILL BE ALLOWED IN ANY DWELLING UNIT. ALL DWEWNG UNITS l'f1LL BE ALLOWED AN UNRESTRIClED NUMBER OF NATURAL GAS BURNING STOVES AND APPLIANCES. 11) ALL EXlERIOR LIGHTING l'f1LL BE THE MINIMUM AMOUNT NECESSARY AND ALL EXlERIOR LIGHTING l'f1LL BE DIREClED INWARD AND DOWNWARD, TOWARDS THE INlERIOR OF THE SUBDIVISION, EXCEPT THAT PROVISIONS MAY BE MADE TO ALLOW FOR SAFETY LIGHTING THAT GOES BEYOND THE PROPERTY BOUNDARIES. 12) COLORADO IS A "RIGHT-TO-FARM" STAlE PURSUANT TO C.R.S. 35-3-101, ET SEQ. LANDOl'INERS, RESIDENTS AND VISITORS MUST BE PREPARED TO ACCEPT THE ACTIVITIES, SIGHTS, SOUNDS AND SMELLS OF GARFIELD COUNTY'S AGRICULTURAL OPERATIONS AS A NORMAL AND NECESSARY ASPECT OF LIVING IN A COUNTY l'f1TH A STRONG RURAL CHARAClER AND A HEALTHY RANCHING SECTOR. THOSE l'f1TH AN URBAN SENSITIVITY MAY PERCEIVE SUCH ACTIVITIES, SIGHTS, SOUND, AND SMELLS ONLY AS INCONVENIENCE, EYESORE. NOISE AND ODOR. HOWEVER, STAlE LAW AND COUNTY POLICY PROVIDE THAT RANCHING, FARMING AND OTHER AGRICULTURAL ACTIVITIES AND OPERATIONS l'f1THIN GARFIELD COUNTY SHALL NOT BE CONSIDERED TO BE A NUISANCES SO LONG AS OPERAlED IN CONFORMANCE WITH THE LAW AND IN A NON-NEGLIGENT MANNER. THEREFORE. ALL MUST BE PREPARED TO ENCOUNlER NOISES, ODOR, LIGHTS, MUD, DUST, SMOKE. CHEMICALS, MACHINERY ON PUBLIC ROADS, LIVESTOCK ON PUBLIC ROADS, STORAGE AND DISPOSAL OF MANURE, AND THE APPLICATION BY SPRAYING OR OTHERWISE OF CHEMICAL FERTILIZERS, SOIL AMENDMENT, HERBICIDE, AND PESllCIDES, ANY ONE OR MORE OF WHICH MAY NATURALLY OCCUR AS PART OF A LEGAL AND NON-NEGLIGENT AGRICULTURAL OPERATIONS. 13) ALL Ol'INERS OF LAND, WHETHER RANCH OR RESIDENCE, HAVE OBLIGATIONS UNDER STAlE LAW AND COUNTY REGULATIONS WITH REGARD TO THE MAINlENANCE OF FENCES AND IRRIGATION DITCHES, CONTROWNG WEEDS, KEEPING LIVESTOCK AND PETS UNDER CONTROL. USING PROPERTY IN ACCORDANCE l'f1TH ZONING, AND OTHER ASPECTS OF USING AND MAINTAINING PROPERTY. RESIDENTS AND LANDOl'INERS ARE ENCOURAGED TO LEARN ABOUT THESE RIGHTS AND RESPONSIBILITIES AN ACT AS GOOD NEIGHBORS AND CITIZENS OF THE COUNTY. A GOOD INTRODUCTORY SOURCE FOR SUCH INFORMATION IS "A GUIDE TO RURAL LIVING &: SMALL SCALE AGRICULTURE" PUT OUT BY THE COLORADO STAlE UNIVERSITY EX1ENSION OFFICE IN GARFIELD COUNTY. 14) FENCING ON THE PROPERTY SHALL COMPLY l'f1TH THE COLORADO PARKS AND WILDLIFE SPECIFICATIONS FOR l'f1LDLIFE-FRIENDLY FENCING. 15) ENGINEER-DESIGNED SEPTIC SYSlEMS ARE REQUIRED WITHIN THIS SUBDIVISION. 16) ENGINEER-DESIGNED FOUNDATIONS ARE REQUIRED WITHIN THIS SUBDIVISION. 17) THE MINERAL RIGHTS ASSOCIAlED l'f1TH THIS PROPERTY MAY NOT BE TRANSFERRED WITH THE SURFACE ESTAlE THEREFORE THE POlENTIAL FOR NATURAL RESOURCE EXTRACTION ON THE PROPERTY BY THE MINERAL ESTAlE Ol'INER(S) OR LESSEE(S). TITLE CERTIFICATE I, AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STAlE OF COLORADO, OR AGENT AUTHORIZED BY A TITI.E INSURANCE COMPANY, DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITI.E TO ALL LANDS SHOl'IN UPON THIS PLAT AND THAT TITI.E TO SUCH LANDS IS VESTED IN FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES (INCLUDING MORTGAGES, DEEDS OF TRUST, JUDGMENTS, EASEMENTS, CONTRACTS AND AGREEMENTS OF RECORD AFFECTING THE REAL PROPERTY IN THIS PLAT), EXCEPT AS FOLLOWS: DATED THIS ____ AY OF _____ ~ A.O., 2015. TITI.E COMPANY SlEWART TITLE -GLENWOOD SPRINGS 1620 GRAND AVENUE GLENWOOD SPRINGS, CO 81601 AGENT OR B~~~~~---------------ATIORNEY COLORADO ATTORNEY REGISTRATION NO. ____ _ MINERAL OWNER AND RIGHTS MINERAL Ol'INERS: ANTHONY PERRY, ACCORDING TO SPECIAL WARRANTY DEED RECORDED IN BOOK 0876 AT PAGE 725. AND 7W GUEST RANCH. NOTlCE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEOAL. ACllON BASED UPON ANY DEFECT IN lHIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISC01G SUQ-1 DEFECT. IN NO E\t:NT MAY MY ACTION BASED UPON ANY DEFECT IN lHIS SURVEY BE COMMENCED MORE lHAN TEN 'YEARS FROM THE DAlE OF CERTIFICATION SHOWN HEREON. 7W GUEST RANCH MINOR SUBDIVISON A RE·SUBDIVISION OF THE SOUTH PARCEL OF 7W RANCH RECORDED AT RECEPTION NO. 745515 A PARCEL OF LAND SITUATED IN THE SE 1/4 OF SECTION 21, SW 1/4 OF SECTION 22 AND THE NE 1/4 OF SECTION 28 TOWNSHIP 3 SOUTH, RANGE 87 WEST OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO DESCRIPTION OF LOT 1 (GUEST RANCH PARCEW .c ,<>@ , 1 .· THE NE1/4 SECTION 28, AND PART OF THE S1/2SE1/4 SECTION 21, TOl'INSHIP 3 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPLE MERIDIAN, AND PART OF THE PERRY RESULTING PARCEL OF THE PERRY/ROBERTS BOUNDARY LINE ADJUSTMENT PLAT, ACCORDING TO THE MAP THEREOF RECORDED IN THE OFFICE OF THE CLERK AND RECORDER, GARFIELD COUNTY, COLORADO, BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 28, THENCE ALONG THE EAST LINE OF SAID NE1/4 SECTION 28, S01"53'58"E 2752.96 FEET TO THE E1/4 SECTION 28; THENCE, ALONG THE SOUTH LINE OF SAID NE1/4 SECTION 28, N89'35'41"W 2693.76 FEET TO THE C1/4 SECTION 28; THENCE, ALONG THE WEST LINE OF SAID NE1/4 SECTION 28, N00'20'38"W 2759.57 FEET TO THE N1/4 CORNER SECTION 28; THENCE. ALONG THE WEST LINE OF THE SAID S1/2SE1/4 SECTION 21, N0018'53"E 809.71 FEET; THENCE, DEPARTING SAID WEST LINE. N89'53'55"E 1028.53 FEET; THENCE S80"25'18"E 852.32 FEET TO THE NORTHWESlERLY EDGE OF A THIRTY FOOT l'f1DE ACCESS EASEMENT RECORDED AS RECEPTION NOS. 341704 AND 453014; THENCE THE FOLLOl'f1NG TWELVE (12) COURSES ALONG SAID WESlERLY EDGE OF EASEMENT: 1) N54"54'50"E 561.93 FEET; 2) N48"37'11"E 213.60 FEET; 3) N36'23'47"E 191.53 FEET; 4) N45"49'11"E 211.28 FEET; 5) N29"55'39"E 242.58 FEET; 6) N1115'30"E 183.64 FEET; 7) N22"47'35"E 178.02 FEET; 8) N12"05'14"E 42.07 FEET; 9) N07"02'30"W 38.22 FEET; 10) N2816'15"W 86.07 FEET; 11) N06"31'16"W 37.29 FEET; 12) N28"59'33"E 44.01 FEET TO THE NORTHERLY LINE OF SAID PERRY RESULTING PARCEL; THENCE THE FOLLOl'f1NG TWO (2) COURSES ALONG SAID NORTHERLY LINE: 1) 65.90 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 420.00 FEET, A CENTRAL ANGLE OF 08"59'22", AND A CHORD THAT BEARS S82"01'42"E 65.83 FEET; 2) 26.32 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 148.83 FEET, A CENTRAL ANGLE OF 10"08'03", AND A CHORD THAT BEARS S81'27'21"E 26.29 FEET TO THE NORTHEASlERLY CORNER OF SAID PERRY RESULTING PARCEL; THENCE THE FOLLOl'f1NG lWELVE (12) COURSES ALONG THE EASlERLY LINE OF PERRY RESULTING PARCEL. 1) S6710'18"W 58.38 FEET; 2) S28"59'33"W 14.90 FEET; 3) S06"31'16"E 11.68 FEET 4) S2816'15"E 85.84 FEET; 5) S07"02'30"E 54.02 FEET; 6) S12"05'14"W 55.18 FEET; 7) S22"47'35"W 177.66 FEET; 8) S1115'30"W 186.81 FEET; 9) S29"55'39"W 257.98 FEET; 10) S45"48'41"W 214.13 FEET; 11) S36'23'47"W 3.22 FEET; 12) S00"52'24"W 1255.08 FEET TO THE POINT OF BEGINNING, EXCEPT; A PARCEL OF LAND SITUATED IN THE SE1/4 OF SECTION 21, TOl'INSHIP 3 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPLE MERIDIAN, COUNTY OF GARFIELD, STAlE OF COLORADO, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 21, THENCE N00"52'24"E ALONG THE EAST LINE OF SAID SECTION 21 A DISTANCE OF 599.92 FEET TO THE POINT QF BEGINNING THENCE LEAVING SAID EAST LINE N6219'50"W A DISTANCE OF 493.11 FEET; THENCE N54"54'50"E A DISTANCE OF 212.19 FEET; THENCE N48"37'11"E A DISTANCE OF 221.70 FEET; THENCE N38"23'51"E A DISTANCE OF 188.66 FEET TO A POINT ON THE AFOREMENTIONED EAST LINE OF SAID SECTION 21; THENCE S00"52'24"W ALONG SAID EAST LINE A DISTANCE OF 655.15 FEET TO THE POINT OF BEGINNING SAID PARCEL OF LAND CONTAINING 3.000 ACRES, MORE OR LESS. SAID LOT 1 CONTAINING 215.254 ACRES, MORE OR LESS, DESCRIPTION OF LOT 2 (RANCH MANAGER'S PARCEW A PARCEL OF LAND SITUAlED IN THE SE1/4 OF SECTION 21, TOl'INSHIP 3 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPLE MERIDIAN, COUNTY OF GARFIELD, STAlE OF COLORADO, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 21, THENCE N00"52'24"E ALONG THE EAST LINE OF SAID SECTION 21 A DISTANCE OF 599.92 FEET TO THE POINT QF BEGINNING THENCE LEAVING SAID EAST LINE N6219'50"W A DISTANCE OF 493.11 FEET; THENCE N54"54'50"E A DISTANCE OF 212.19 FEET; THENCE N48"37'11"E A DISTANCE OF 221.70 FEET; THENCE N38'23'51"E A DISTANCE OF 188.66 FEET TO A POINT ON THE AFOREMENTIONED EAST LINE OF SAID SECTION 21; THENCE S00"52'24"W ALONG SAID EAST LINE A DISTANCE OF 655.15 FEET TO THE POINT QF BEGINNING SAID PARCEL OF LAND CONTAINING 3.000 ACRES, MORE OR LESS. L. ' ~-..,.,~~~-+.-. ...::.:._ I ' >-r-,1 [<'=.-7--t,----'°' I ~-·<.· J 1 ----~- ··;...; '-... I ."{. ' ( \ f f 8 ' Ii I I I 'JlJ I ' { _,~\-, ';'.·"+...._.,.:::::~"M:¥~.,...>.*i'":l-~-c-I . ' ) ,::?t,. ,. ' VICINITY MAP SCALE: 1 • = 2,000' COUNTY SURVEYOR'S CERTIFICATE APPROVED FOR CONlENT AND FORM ONLY AND NOT THE ACCURACY OF SURVEYS, CALCULATIONS AND DRAFTING PURSUANT TO C.R.S., 38-51-101 AND 102, ET SEQ. DAlED THIS __ DAY OF -------2015. B~----------------GARFIELD COUNTY SURVEYOR CERTIFICATE OF TAXES PAID I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF TAXES AND ASSESSMENTS DUE AND PAYABLE AS OF UPON ALL PARCELS OF REAL ESTAlE DESCRIBED ON THIS PLAT ARE PAID FULL DAlED THIS __ DAY OF --------A.O., 2015. B~-~~~~~~~~~~---- GARFIELD COUNTY TREASURER COUNTY COMMISSIONERS CERTIFICATE THIS PLAT IS APPROVED BY THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO THIS DAY OF 2015, FOR FILING l'f1TH THE CLERK AND RECORDER OF GARFIELD COUNTY AND FOR CONVEYANCE TO THE COUNTY OF THE PUBLIC DEDICATIONS SHOl'IN HEREON, SUBJECT TO THE PROVISION THAT APPROVAL IN NO WAY OBLIGAlES GARFIELD COUNTY FOR FINANCING OR CONSTRUCTION OF IMPROVEMENTS ON LANDS, PUBLIC ROADS, HIGHWAYS OR EASEMENTS DEDICAlED TO THE PUBLIC, EXCEPT AS SPECIFICALLY AGREED TO BY THE BOARD OF COUNTY COMMISSIONERS BY SUBSEQUENT RESOWTION. THIS APPROVAL SHALL IN NO WAY OBLIGAlE GARFIELD COUNTY FOR THE CONSTRUCTION, REPAIR OR MAINlENANCE OF PUBLIC ROADS, HIGHWAYS OR ANY OTHER PUBLIC DEDICATIONS SHOl'IN HEREON. BY: ________________ _ CHAIRMAN, BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO WITNESS MY HAND AND THE SEAL OF THE COUNTY OF GARFIELD. ATlEST: _____________ _ COUNTY CLERK CERTIFICATE OF DEDICATION OWNERSHIP THE UNDERSIGNED 7W GUEST RANCH LLC, BEING SOLE Ol'INER(S) IN FEE SIMPLE OF ALL THAT REAL PROPERTY SITUAlED IN GARFIELD COUNTY, DESCRIBED AS FOLLOWS: THE NE1/4 SECTION 28, AND PART OF THE S1/2SE1/4 SECTION 21, TOl'INSHIP 3 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPLE MERIDIAN, AND PART OF THE PERRY RESULTING PARCEL OF THE PERRY/ROBERTS BOUNDARY LINE ADJUSTMENT PLAT, ACCORDING TO THE MAP THEREOF RECORDED IN THE OFFICE OF THE CLERK AND RECORDER, GARFIELD COUNTY, COLORADO, BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 28, THENCE ALONG THE EAST LINE OF SAID NE1/4 SECTION 28, S01'53'58"E 2752.96 FEET TO THE E1/4 SECTION 28; THENCE. ALONG THE SOUTH LINE OF SAID NE1/4 SECTION 28, N89"35'41"W 2693.76 FEET TO THE C1/4 SECTION 28; THENCE, ALONG THE WEST LINE OF SAID NE1/4 SECTION 28, N00"20'36"W 2759.57 FEET TO THE N1/4 CORNER SECTION 28; THENCE, ALONG THE WEST LINE OF THE SAID S1/2SE1/4 SECTION 21, N0018'53"E 809.71 FEET; THENCE, DEPARTING SAID WEST LINE, N89"53'55"E 1028.53 FEET; THENCE S80'25'18"E 85232 FEET TO THE NORTHWESTERLY EDGE OF A THIRTY FOOT WIDE ACCESS EASEMENT RECORDED AS RECEPTION NOS. 341704 AND 453014; THENCE THE FOLLOWING lWELVE (12) COURSES ALONG SAID WESlERLY EDGE OF EASEMENT: 1) N54"54'50"E 561.93 FEET; 2) N48"37'11"E 213.60 FEET; 3) N36'23'47"E 191.53 FEET; 4) N45"49'11"E 211.28 FEET; 5) N29"55'39"E 242.58 FEET; 6) N1115'30"E 183.64 FEET; 7) N22"47'35"E 178.02 FEET; 8) N12"05'14"E 42.07 FEET; 9) N07"02'30"W 36.22 FEET; 10) N2816'15"W 86.07 FEET; 11) N06"31'16"W 37.29 FEET; 12) N28"59'33"E 44.01 FEET TO THE NORTHERLY LINE OF SAID PERRY RESULTING PARCEL; THENCE THE FOLLOWING TWO (2) COURSES ALONG SAID NORTHERLY LINE: 1) 65.90 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 420.00 FEET, A CENTRAL ANGLE OF 08"59'22", AND A CHORD THAT BEARS S82"01'42"E 65.83 FEET; 2) 26.32 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 148.83 FEET, A CENTRAL ANGLE OF 10"08'03", AND A CHORD THAT BEARS 581 '27'21 "E 26.29 FEET TO THE NORTHEASlERLY CORNER OF SAID PERRY RESULTING PARCEL; THENCE THE FOLLOWING TWELVE (12) COURSES ALONG THE EASlERLY LINE OF PERRY RESULTING PARCEL 1) S6710'18"W 58.38 FEET; 2) S28"59'33"W 14.90 FEET; 3) S06"31'16"E 11.68 FEET 4) S2816'15"E 85.84 FEET; 5) S07"02'30"E 54.02 FEET; 6) S12"05'14"W 55.18 FEET; 7) s22·47•35•w 177.66 FEET; 8) S1115'30"W 186.81 FEET; 9) s29·55•39•w 257.98 FEET; 10) S45"48'41"W 214.13 FEET; 11) S36"23'47"W 3.22 FEET; 12) S00"52'24"W 1255.08 FEET TO THE POINT OF BEGINNING ALSO KNOl'IN AS "SOUTH PARCEL" ACCORDING TO THE FINAL PLAT, 7W RANCH, RECORDED MARCH 27, 2008 AS RECEPTION NO. 745515. CONTAINING 218.254 ACRES, MORE OR LESS, HAVE CAUSED THE DESCRIBED REAL PROPERTY TO BE SURVEYED, LAID OUT AND PLATlED AS SHOl'IN ON THIS PLAT UNDER THE NAME AND STYLE OF 7W GUEST RANCH MINOR SUBDIVISION A SUBDIVISION IN THE COUNTY OF GARFIELD. THE Ol'INER DOES HEREBY DEDICAlE AND SJET APART ALL OF THE STREETS AND ROADS AS SHOWN ON THE ACCOMPANYING PLAT TO THE USE OF THE PUBLIC FOREVER, AND HEREBY DEDICAlE(S) TO THE Ol'INERS OF THE LOTS THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE LABELED AS UTILITY EASEMENTS ON THE ACCOMPANYING PLAT AS PERPETUAL EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES, IRRIGATION AND DRAINAGE FACILITIES INCWDING, BUT NOT LIMllED TO, ELECTRIC LINES, GAS LINES AND lELEPHONE LINES, TOGETHER WITH THE RIGHT TO TRIM INlERFERING TREES AND BRUSH, WITH PERPETUAL RIGHT OF INGRESS AND EGRESS FOR INSTALLATION AND MAINTENANCE OF SUCH LINES. SUCH EASEMENT AND RIGHTS SHALL BE UTILIZED IN A REASONABLE AND PRUDENT MANNER. ALL EXPENSE FOR STREET PAVING OR IMPROVEMENTS SHALL BE FURNISHED BY THE SELLER OR PURCHASER, NOT BY THE COUNTY OF GARFIELD. EXECUlED THIS __ DAY OF--------A.O., 2015. Ol'INER: 7W GUEST RANCH, LLC P.O. BOX 5259 3412 COUNTY ROAD 151 EAGLE, CO 81631 STAlE OF COLORADO ) )ss COUNTY OF GARFIELD ) THE FOREGOING CERTIFICATION OF DEDICATION AND Ol'INERSHIP WAS ACKNOWLEDGED BEFORE ME THIS ---DAY OF 2015, BY _________ _ AS OF 7W GUEST RANCH, LLC. MY COMMISSION EXPIRES: __________ _ l'f1TNESS MY HAND AND OFFICIAL SEAL NOTARY PUBLIC SURVEYOR'S CERTIFICATE I, FRANK W. HARRINGTON, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STAlE OF COLORADO, THAT THIS PLAT IS A TRUE. CORRECT AND COMPLElE PLAT OF 7W GUEST RANCH MINOR SUBDIVISION AS LAID OUT, PLATlED, DEDICAlED AND 51-10\'tN HEREON, THAT SUCH PLAT WAS MADE FROM AN ACCURAlE SURVEY OF SAID PROPERTY BY ME AND UNDER MY SUPERVISION AND CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS AND STREETS OF 7W GVEST RANCH MINOR SUBDIVISION AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCE l'f1TH APPLICABLE REGULATIONS GOVERNING THE SUBDIVISION OF LAND. IN l'f1TNESS WHEREOF I HAVE SET MY HAND AND SEAL THIS __ DAY OF ------2015. B~-----------------* P ELIMINA Y FRANK W. HARRINGTON, LS. NO. 19598, CfedS HIGH COUNTRY ENGINEERING, INC. 1/5/15 1517 BLAKE AVENUE, SUllE 101 GLENWOOD SPRINGS, CO 81601 CLERK AND RECORDER'S CERTIFICATE THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY AT __ O'CLOCK ON THIS __ DAY OF A.O. 2015, AND IS DULY RECORDED AS RECEPTION NO. ________ _ CLERK AND RECORDER B~-----------------DEPUTY z 0 1ii ~ 0: w !;;: D c:i z ~ a. ~o:: I <:t s J: -~~ 6 ~ a. IL ~ .. 'l! ~ j,j u 0 ~ PROJECT NO. 2111662 1 OF2 i . l . -- NOlll'H GRAPHIC SCALE 100 200 "°° 800 1-1--1----1 (IN FEET) 1 inch ~ 200 ft. COUNTY ;----i /I I ""-- ROAD 1 51 I \ \ I ..__ .......... FOUND NO. 5 REBAR ANO YELLOW PLASllC CAP MARKED PROP CORNER HCE LS 19598 ALONG THIS LINE (40' R.O.W.) Ji J '--....__ EXISllNG f ! 1/ I 7W GUEST RANCH 30 FOOT-R~~':~y / /I / ACCESS RIGHT-OF-WAY EASEMENT / // RECEPllON NO. 341704 AND 453014 ----~'l->~~=-=--"-..--~/f-1'// / PARCEL ~F RECEPTION N0.~4706 -.....__ I I UllUTY &: ACCESS ..__ EASEMENT ......... Q'/IMEB. I ' llESTWUIDE, PAUL ANDERSON &: JANET MARIE I '-..__ PARCEL NO. 1863-214-00-098 I ........ ..__ ~ I ' "A" ' I ' '-... \ ' \ ' ' ' ' \ ' ' \ ' \ -t----------\ --I --,,..,.---I ...... / ..... \ / I ..... / ' \ / I I " / FOUND NO. 5 REBAR '\. / I I AND YELLOW PLAS'TIC CAP \ I MARKED PROP CORNER I I HCE LS 19598 \ ALONG 1HIS LINE I \ I I ~ I I L5 LB I FOUND NO. 5 REBAR AND ALUMINUM CAP I LS NO 26598 I I \ I -I 0 t.18 L17 I \ I '\. / '\. I Q, / " I / ' I ' / ..... I / ..... \ \ \ ,,..,."' ...... --L------~~----------------------------- 1 I I I I + 7W GUEST RANCH MINOR SUBDIVISON A PARCEL OF LAND SITUATED IN THE SE 1/4 OF SECTION 21, SW 1/4 OF SECTION 22 AND THE /NE 1/4 OF SECTION 28 TOWNSHIP 3 SOUTH, RANGE 87 WEST OF THE 6TH P.M . SW1/4 (SEC. 22) OWNER COUNTY OF GARFIELD, STATE OF COLORADO ' I I I ~ I I I I WATTERS, DARRELL &: JACQUELYN R. A PARCEL NO. 1863-223-00-092 FOUND REFERENCE MONUMENT 2" ALUMINUM CAP LS19598 \!II I RANCH MANAGER'S i1 I I x LOT2 QWi'IER_ BURKE, SHANNON &: MARCY, RODNEY PARCEL NO. 1863-272-00-122 r- 1 I I I I NW'i/4 (SEp. 27) I I I I I I I I I I I !lmlfJi GREEN, SCOTT &: CAPPIE 600 COTTONWOOD PASS ROAD GYPSUM, CO 81637 PARCEL NO. 1863-272-00-121 EAST 1/4 CORNER SECllON 28 3" GLO BRASS CAP (FND) FOUNO NO. 5 REBAR :.:a~~~. POINT OF BEGININNG ii I AND YELLOW PLASTIC CAP NE CORNER " MARKED PROP CORNER BOUNDARY AGREEMENT SECTION 28 EXISllNG WIRE FENCE"""'\ ___ (BASIS OF BEARINGS))~-x--fi---x-=-="t-.,-x----x----x----x ===-~~~~::.:'..:~~H~C~E~LS~1~9~5~98~,~~~R~E~CE;P;Tl:ON~N0~.~4~98~777~~~~3~"~GL~O~B:R~AS:S~~~ll~x~~~~....,. ..... ~--><-~--~"'-=;;;;;;:::;:::::=:=:~ \:::::::::.:.:::::~~~~~~~~~----:~11 __ ..:.::),"~~---..::..:==::::::::.:.:::=:=:~~f;;:;--~-==-~~~~-·-CAP (FNO) x ---• S01 '53'58"E 2752.96 EXISllNG GRAVEL ROADWAY x----x--soo·52•24•w 1255.08'--+-->-x \\ )) \\ 655.15' 599.93' -f 'I-I // \\ ewru SET NO. 5 REBAR &: YELLOW PLASllC CAP MARKED PROP CORNER HCE LS 19598 (TYPICAL) ,tr::::-' ~ "-' I ~ '-."-. /20' HOLY CROSS '-'-. EASEMENT ~ FOR LOT 2 /'~ ~ ~ ~ ~ q \\ ij ' Q , • }) ,,,, ~ ;fl -:::::===-=::E~~=~ ~ ~~~~.::::,~ // __,--===~-__ ;:;:::.:::-~--...;;.::::,~ /// _-:;:;.-::::-~-;::;.-::::.-;:;_-;::.=--] -~==;:::.--~~ // -:::;:.-::::::.--\I J -==-EXISllNG \\ # ~ ~~ \\ // ---::;::. ~ ROADWAY \\ # ---\\ /,:/ ------,, .//' -----/~--\\ _ _,,---\\ ~ \\ I 'l- 1 I \\ ( I I \ ) 11 11 II II 11 II 11 J] \\ \,,-:' . . . "'--EXISllNG DITCH -..... II II \\ POWER POLE (TYPICAL) 20' HOLY CROSS EASEMENT RECEPllON NO. 414199 " ·~---·-- LOT 1 ·---·----·- \\ \\ \\ II 11 \\ ~ ~ ~) II II II // // ff -x \ . " II ----:: "~··-..... I II . .)( \I I " -· · · ----- I "'. / I I f GUEST RANCH PARCEL 2 15.254± Ac. 1.-)(------\\ )( '' EXISTING STRUCTURES II II x I / ./ x I )-... ZO> c-o- x "'6 i ,:o (o ul "' ... ,... I~~ ..; O> ~ ::! tD z"' x "' o-z• 31: zO <z • :c ..J ~ en.., io -~ ..... !'> l:! Q. O> ::> IX) m I I I I I I I I I I I I I I I I I I r-- 1 .;___:_J- --.:.i !---.ACCESS EASEMENT REC. NO. 608535 ---// --.... "'""' _____ \ / // z LINE DATA LINE BEARING LENGTH L1 S6710'18"W 58.38' L2 s25·59'33•w 14.90' L3 S06"31 '16"E 11.68' L4 S2816'15"E 85.84' L5 S071l2"30"E 54.02' L6 S121l5'14"W 55.18' L7 s22·+1'35•w 177.66' L8 S1115'30"W 186.81' L9 s2s·ss'3s•w 257.98' L1D s45·45'41"w 214.13' L11 S36"23' 47"W 3.22' L12 N36"23' 47"E 191.53" L13 N45"49'11"E 211.28" L14 N29"55'39"E 242.58' L15 N1115'30"E 183.64' L16 N22"47'35"E 178.02' L17 N12"05'14"E 42.0T L18 N071l2'30"W 36.22" L20 N2816'15"W 86.0T L21 N28"59'33"E 44.01' L22 N5"4-"54'50"E 212.19' L23 N46"37'11"E 221.70' L24 N36"23'51"E 188.66' CURVE DATA CURVE RADIUS DELTA C1 420.00' 08"59'23" C2 148.83' 101l8'03" l/S/15 NOTICE: ACCORDING TO OOLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTlat BASED UPON AJ.lY DEFECT IN 1HIS SURVEY V«THIN 1HREE YEARS AFTER YOU FIRST DlsaMR SUai DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON Ntf DEFECT Ill lHIS SUR\£Y BE COMhEICED MORE 1HAN TEN 'YEARS FROM 1l£ DATE Of CERTIFICA.llON SHO\Wll HEREON. LENGTH TANGENT CHORD BEARING 65.90' 33.02· S 821l1'42" E 26.32' 13.20' S 81"27'21" E CHORD 65.83' 26.29' 1tj IX) "' 0 - 20' HOLY CROSS EASEMENT RECEPllON NO. 251098 \ \ NORTH 1/4 CORNER SECllON 28 I \ 3" Gl.O BRASS CAP (FNO) \ N ~ ~ ~ ~ ~ / I I / / I / o; --, ff I / ~ / I d \ I / // ~:. // 1 " /\ " I II \ " '--.... // ' II .... , /EXISllNG TRAIL )J ... , ij ij ij ... , ij ,,,, ' ,,,, \ ~..y \ -d--\ _,,,.~- \ _.. ..... .:::::--~/ .. ~EXISllNG DITCH ./ ........ ,, ... , ,, "' '-, .... ,, EXISllNG WIRE FENCE\ ' ..... , " I .. I .. I " I " I \ I -~~-x-~~-x--'-~-•~-"<~1 ~~~-.---~-x-~~-x~---;~,~-x CENllER 1/4 CORNER SECllON 28 3" ALUMINUM CAP LS NO 19598 (FNO) ~.... ', ---.soo~~5~W.~5.Q:~·-. ~&::===ir====~~N~0~0~1~8~'5~3~·~E....,:8~0~9~.~71l'....,..._~~-~~.:;:;;;;;::l.=======..i...~::.....-~~--~~---------::<"" ..... """:::::~·==:::-::::::::--::::::::-:::;--~~--~~--~~''~:----------~~~-~---< = ---· N00'20'36"W 2729.57' ',, S-C 1/16 CORNER SECllON 21 REBAR &: CAP L.S. NO. 16842 (FND) I ---· ... ---· -........___. QWi'IER_ WHlllE RIVER NAllONAL FOREST PARCEL NO. 1869-202-00-951 WEST 1/4 CORNER SECllON 28 GLO BRASS CAP (FND) x I I /#/ . ~ . ~ S00"20'36"E 2692.98' SOUTH 1/4 CORNER SECllON 28 GLD BRASS CAP (FND) 0: w z > Qo" ~ !;(9 00 D u~ "" o G:O :'.'. ~ j::...J I W oO N:;; z 0 Nz ,.u. O> - 1-0 '8 :Jo: 0 j::W 0 fD :ii-00 0 ,_jz I ' Juw -" <( "' tJ Ill z 0 Ui ~ 0: w ti: Cl ci z • 0 z - 0: 0 PROJECT NO. 2111662 20F2 View your transaction progress 24/7 via SureClose. Ask us about your login today! Stewart Title - Glenwood Springs 1620 Grand Avenue Glenwood Springs, CO 81601 Date:January 02, 2015 File Number:01330-34682- Amended No. C2 Buyer:Tbd Buyer Seller:7 W Guest Ranch, LLC Property:3412 County Road 151, Gypsum, CO 81637 Please direct all Title inquiries to: Roger Avila Email Address:ravila@stewart.com SELLER: 7 W Guest Ranch, LLC Delivery Method: Emailed BUYER: Tbd Buyer Delivery Method: Emailed We Appreciate Your Business and Look Forward to Serving You in the Future. ALTA Commitment (6/17/06) 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 B 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 affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: Stewart Title - Glenwood Springs 1620 Grand Avenue Glenwood Springs, CO 81601 (970) 945-5434 Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-34682 004-UN ALTA Commitment (6/17/06) CONDITIONS 1.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. 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 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 o f 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< http://www.alta.org/>. All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-34682 004-UN ALTA Commitment (6/17/06) COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No.: 01330-34682- Amended No. C2 1. Effective Date: December 19, 2014 at 8:00 A.M. 2. Policy or Policies to be issued:Amount of Insurance (a) A.L.T.A. Owner's Policy 2006 (Standard)T.B.D. Proposed Insured: Tbd Buyer (b) A.L.T.A. Loan Policy T.B.D. Proposed Insured: 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 said estate or interest in said land is at the effective date hereof vested in: 7 W Guest Ranch, LLC 5. The land referred to in this Commitment is described as follows: See Attached Legal Description Purported Address: 3412 County Road 151 Gypsum, CO 81637 STATEMENT OF CHARGES These charges are due and payable before a policy can be issued Basic Rate TBD Commitment: Additional Research (2 hrs): $100.00 $250.00 Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-34682 CO STG ALTA Commitment Sch A STO Page 1 of 2 STEWART TITLE GUARANTY COMPANY SCHEDULE A LEGAL DESCRIPTION The NE1/4 Section 28, and part of the S1/2 SE1/4 Section 21, Township 3 South, Range 87 West of the Sixth Principle Meridian, and part of the Perry Resulting Parcel of the Perry/Roberts Boundary Line Adjustment Plat, according to the map thereof recorded in the office of the Clerk and Recorder, Garfield County, Colorado described as a whole as follows: Beginning at the NE corner said Section 28, thence, along the east line of said NE1/4 Section 28, S 01°53'58" E 2752.96 feet to the E1/4 Section 28; thence, along the south line of said NE1/4 Section 28, N 89°35'41" W 2693.76 feet to the C1/4 Section 28; thence along the west line of the said NE1/4 Section 28, N 00°20'36" W 2729.57 feet to the N1/4 corner Section 28; thence, along the west line of the said S1/2 SE1/4 Section 21, N 00°18'53" E 809.71 feet; thence, departing said west line, N 89°53'55" E 1028.53 feet; thence S 80°25'18" E 852.32 feet to the northwesterly edge of a thirty foot wide access easement recorded as Reception Nos. 341704 and 453014; thence the following courses along said westerly edge of easement: 1) N 54°54'50" E 561.93 feet; 2) N 46°37'11" E 213.60 feet; 3) N 36°23'47" E 191.53 feet; 4) N 45°49'11" E 211.28 feet; 5) N 29°55'39" E 242.58 feet; 6) N 11°15'30" E 183.64 feet; 7) N 22°47'35" E 178.02 feet; 8) N 12°05'14" E 42.07 feet; 9) N 07°02'30" W 36.22 feet; 10) N 28°16'15" W 86.07 feet; 11) N 06°31'16" W 37.29 feet; 12) N 28°59'33" E 44.01 feet to the northerly line of said Perry Resulting Parcel; thence the following two courses along said northerly line: 1) 65.90 feet along the arc of a curve to the left, having a radius of 420.00 feet a central angle of 8°59'22", and a chord that bears S 82° 01'42" E 65.83 feet; 2) 26.32 feet along the arc of a curve to the right, having a radius of 148.83 feet, a central angle of 10°08"03", and a chord that hears S 81°27'21" E 26.29 feet to the northeasterly corner of said Perry Resulting Parcel: thence the following courses along the easterly line of Perry Resulting Parcel; 1) S 67°10'18" W 58.38 feet; 2) S 28°59'33" W 14.90 feet; 3) S 06°31'16" E 11.68 feet; 4) S 28°16'15" E 85.84 feet; 5) S 07°02'30" E 54.02 feet; 6) S 12°05'14" W 55.18 feet; 7) S 22°47'35" W 177.66 feet; 8) S 11°15'30" W 186.81 feet; 9) S 29°55'39" W 257.98 feet; 10) S 45°48'41" W 214.13 feet; 11) S 36°23'47" W 3.22 feet; 12) S 00°52'24" W 1255.08 feet to the point of beginning. COUNTY OF GARFIELD, STATE OF COLORADO. Also known as: "South" Parcel" according to the Final Plat, 7W Ranch, recorded March 27, 2008 as Reception No. 745515 in the Office of the Garfield County Clerk and Recorder. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-34682 CO STG ALTA Commitment Sch A STO Page 2 of 2 STEWART TITLE GUARANTY COMPANY File No.: 01330-34682- Amended No. C2 The following are the requirements to be complied with: 1. 2. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. 4. 5. 6. 7. 8. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of receipt of this title commitment. THE FOLLOWING REQUIREMENT IS FOR DELETION OF SURVEY EXCEPTIONS 2 AND 3 OF THE OWNERS POLICY: A SURVEY, meeting the minimum detail standards of the ALTA/ACSM, Survey OR IMPROVEMENT LOCATION CERTIFICATE, prepared by a registered Colorado surveyor, within the last TWO MONTHS, must be presented to Stewart Title Guaranty Company, for its approval prior to the deletion of any survey exceptions from the OWNERS POLICY. Stewart Title Guaranty reserves the right to take exception to any adverse matters as shown on said survey, or make further inquiry or requirements relative thereto. Said Survey, must be certified to Stewart Title of Colorado and/or Stewart Title Guaranty Company. Relating to 7 W Guest Ranch, LLC, The Company requires for its review the following: a) Copy of the "Articles of Organization", the Operating Agreement and the regulations of the limited liability company and any amendments thereof b) A certificate of good standing, evidencing that the company is in good standing in the state of its formation c) Execution and recordation of Statement of Authority pursuant to the provisions of Section 38-30-172 C.R.S. Note: At the time the Company is furnished these items, the Company may make additional requirements or exceptions. [Intentionally deleted.] Deed from vested owner(s) vesting fee simple title in the purchaser(s). NOTE: Notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute on recording of deeds CRS 38-35-109 (2). NOTE: The vesting deed is shown as follows: Quit Claim Deed recorded April 2, 2008 as Reception No. 745890. COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-34682 CO STG ALTA Commitment Sch B I Page 1 of 1 STEWART TITLE GUARANTY COMPANY File No.: 01330-34682- Amended No. C2 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. 2. 3. 4. 5. 6. 7. Rights or claims of parties in possession, not shown by the public records. Easements, or claims of easements, not shown by the public records. 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. 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. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in Schedule B. Water rights, claims or title to water. 8. 9. 10. 11. 12. 13. 14. Any and all unpaid taxes and assessments and any unredeemed tax sales. 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. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patents recorded June 23, 1920 in Book 112 at Page 352 as Reception No. 71608, recorded February 23, 1923 in Book 112 at Page 385 as Reception No. 81838 and recorded November 18, 1918 in Book 112 at Page 514 as Reception No. 64820. Easement and right of way for electric transmission or distribution line purposes as granted to Holy Cross Electric Association, inc., by George, Burt and Claudia by instrument recorded September 17, 1971 in Book 422 at Page 560 as Reception No. 251098, in which specific location of the easement is not defined. Right of way as granted to Holy Cross Electric Association by Document recorded October 19, 1971 in Book 423 at Page 518 as Reception No. 251431. Right of way as granted to Eagle Valley Telephone Company by Document recorded October 21, 1977 in Book 501 at Page 958 as Reception No. 281373. Access Easement as granted by Document recorded May 3, 1983 in Book 626 at Page 478 as Reception No. 341704. Holy Cross Electric Association, Inc. Right-of-Way Easement recorded July 2, 1990 in Book 782 at Page 740 as Reception No. 414199 , in which the specific location of the easement is not defined. COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-34682 CO STG ALTA Commitment Sch B II STO Page 1 of 2 STEWART TITLE GUARANTY COMPANY 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. Terms and conditions of Easement as disclosed in Special Warranty Deed recorded September 27, 1993 in Book 876 at Page 725 as Reception No. 453014. Terms, conditions, restrictions, reservations, provisions, obligations, easements and right of ways as set forth in Quit Claim Deed recorded February 22, 1994 in Book 893 at Page 432 as Reception No. 459515. Boundary Agreement recorded September 24, 1996 in Book 993 at Page 344 as Reception No. 498777. All matters as shown on the Roberts Exemption plat recorded May 20, 1998 as Reception No. 525496. Declaration of Access Easement recorded August 8, 2002 in Book 1376 at Page 322 as Reception No. 608535, Amendment recorded November 15, 2002 in Book 1407 at Page 149 as Reception No. 614706. Special Use Permit recorded May 11, 2004 as Reception No. 651982. All matters as shown on the Perry/Robers Boundary Line Adjustment Plat recorded October 25, 2004 as Reception No. 662321. Affidavit Re: Boundary Line Adjustment recorded October 29, 2004 as Reception No. 662598. Resolution No. 2005-24 as Reception No. 668722. Restrictions in Warranty Deeds recorded November 1, 2004 as Reception No. 662729 and recorded March 27, 2008 as Reception No. 745513. Order of Inclusion recorded May 20, 2005 as Reception No. 674591. Affidavit Re: Boundary Line Adjustment recorded March 27, 2008 as Reception No. 745514 and Amendment recorded April 2, 2008 as Reception No. 745892. All matters as shown on the Final Plat of 7-W Ranch recorded March 27, 2008 as Reception No. 745515. Access Easement described in Warranty Deed recorded April 2, 2008 as Reception No. 745889. COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-34682 CO STG ALTA Commitment Sch B II STO Page 2 of 2 STEWART TITLE GUARANTY COMPANY DISCLOSURES File No.: 01330-34682 Pursuant to C.R.S. 10-11 -122, notice is hereby given that: A. B. C. THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER’S AUTHORIZED AGENT; 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: Colorado 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. B. C. D. E. The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. 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. The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic’s and Materialmen’s Liens. The Company must receive payment of the appropriate premium. 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. To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: a. b. 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 That such mineral estate may include the right to enter and use the property without the surface owner’s permission. NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. 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. File No.: 01330-34682 CO Commitment Disclosure STG Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal 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 title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act (GLBA). 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. Reasons we can share your personal information.Do we share Can you limit this sharing? 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. Yes No For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share 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 non-financial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company Yes No For our affiliates' everyday business purposes— information about your creditworthiness.No We don't share For our affiliates to market to you — For your convenience, Stewart has developed a means for you to opt out from its affiliates marketing even though such mechanism is not legally required. Yes Yes, send your first and last name, the email address used in your transaction, your Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591. For non-affiliates to market to you. Non-affiliates are companies not related by common ownership or control. They can be financial and non-financial companies. 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? We must notify you about our sharing practices when you request a transaction. How do the Stewart Title Companies protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my personal information? We collect your personal information, for example, when you ß ß 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. What sharing can I limit?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 77056 File No.: 01330-34682 Page 1 Revised 11-19-2013