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Home My WebLink About3.0 Director's Determination 10.25.2010Garfield County October 25, 2010 BUILDING & PLANNING DEPARTMENT Chad Lee and Sara Dunn Balcomb & Green, P.C. 818 Colorado Avenue Glenwood Springs, CO 81601 sarad(a�balcombgreen.com and clee(�balcombgreen.com DIRECTOR DETERMINATION Garfield County File Number MIEA6430 Parcel Number 2407-102-00-044 Dear Mr. Lee and Ms. Dunn, This letter is provided to you as the representative for Jack T. Evans Jr. & Billie G. Birchfield -Evans regarding a request to subdivide the above referenced parcel to create Parcel 2A and 2B via the Subdivision Exemption process. This site is located east of Battlement Mesa on County Road 301 and currently consists of 33.342 -acres. A Director Determination is hereby issued approving the Application to create Parcels 2A and 2B subject to the following conditions: 1. That all representations made by the Applicant in a public hearing before the Board of County Commissioners shall be considered conditions of approval unless otherwise amended or changed by the Director. 2. The signed mylar shall be submitted at least one week prior to scheduling the plat for signature by the Board of County Commissioners. Adequate recording fees shall accompany the mylar. 3. The property is located in the School District 16 therefore the Applicant shall be required to pay $200 for one additional parcel. This fee shall be paid at or prior to the Board of County Commissioners signing the exemption plat. 4. Traffic Impact Fees for the creation of an additional parcel shall be calculated and collected prior to issuance of a building permit on Parcel 2A. 5. Prior to Board signature of the plat the Applicant shall submit a map and inventory of any noxious weeds and, if necessary, shall provide a weed management plan acceptable to Steve Anthony, County Vegetation 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 • • Manager. This Determination will be forwarded to the Board of County Commissioners for a period of 10 days so that they may determine whether or not to call up the application for public hearing. Feel free to contact this department if you have any questions. Sincerely, Fred A. Jarman, A Director of Building ate: Planning CC: Board of County Commissioners File Director Determination —Exhibits Evans Exemption Exhibit Letter (A to Z) Exhibit A Mail Receipts Garfield County Unified Land Use Resolution of 2008, as amended B C Garfield County Comprehensive Plan of 2000, as amended D Application E Staff Report F Email dated September 16, 2010 from Wyatt Keesbery - Road & Bridge G Email dated September 23, 2010 from Jim Rada — Environmental Health H Memo dated September 29, 2010 from Steve Anthony — Vegetation Manager I Letter dated September 23, 2010 form Chris Hale, P.E. — Mountain Cross Eng. J Emails dated 9/28/10 and 10/5/10 from Karlyn Adams — Div of Water Resources K Letter dated September 26, 2010 from Jack Edwards L Letter dated October 20, 2010 from Zancanella and Associates, Inc. M Email dated September 20, 2010 from James C. Miller N 0 P Q • PROJECT INFORMATION AlVvans Minor Exemption gir Administrative Review REQUEST APPLICANT / OWNER LOCATION SITE DATA WATER/SEWER ACCESS EXISTING ZONING STAFF RECOMMENDATION Exemption from the Definition of Subdivision Jack Evans and Billie Burchfield -Evans East of Battlement Mesa Parcel No. 2407-102-00-044 Individual Well and Septic System (ISDS) CR 301 Rural Approval w/conditions I PROPOSAL Jack Evans and Billie Burchfield -Evans (Applicants) are owners of a parcel of land located east of Battlement Mesa on CR 301. The 33.342 -acre property was created as Parcel 2, Evans Subdivision Exemption which was approved by the Board of County Commissioners in Resolution 96-23. The ability to create an additional parcel via exemption is permitted pursuant to Section 5-202B.1. which allows for the creation of up to three new parcels and a remainder (4 parcels) for qualifying land. The Applicant seeks to subdivide Parcel 2 into Parcel 2A, a 17.28 -acre parcel and Parcel 2B, a 16.06 -acre parcel. The Applicant is requesting approval pursuant to 5-202 A. County Exemptions Requiring Platting, Minor (2 Lot) Exemption and 5-406 General County Exemption Criteria, of the Unified Land Use Code of 2008. II REFERRAL COMMENTS Staff referred the application to the following agencies/County Departments for their review and comment. Comments received are attached as exhibits and incorporated into the memorandum where applicable. a. b. c. d. e. f. 9- h. Road & Bridge EXHIBIT F Vegetation: EXHIBIT H Environmental Health: EXIBIT G Division of Water Resources: EXHIBIT J Colorado Division of Wildlife: No comments received Grand Valley Fire Protection District: No comments received Mountain Cross Engineering (on behalf of Garfield County): EXHIBIT I County Surveyor: No comments received 1 • IFEvans Minor Exemption Administrative Review III RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is located in Study Area 2 and 3 of the Comprehensive Plan of 2000 and is designated as Subdivision. IV ISSUES AND CONCERNS Subdivision Exemption Regulation/Property Eligibility Section 5-202 of the Unified Land Use Code of 2008 stipulates the following requirements for a minor exemption: A. Minor (2 Lot) Exemption. Division of land by which no more than two (2) parcels, i.e. one (1) new parcel and the remainder parcel, will be split from any parcel that was described in the records of the Garfield County Clerk and Recorder's Office as of January 1, 1973, regardless of size, as long as the resulting parcels meet the minimum lot size for the underlying zone district. The proposed Minor Exemption shall satisfy the criteria in Section 5-406, General County Exemption Criteria, and shall require recording of a Minor Exemption Plat, describing each Exemption Lot by a metes and bounds legal description and as a numbered or lettered "Exemption Lot". Staff Findings A subdivision exemption application was approved by the Board of County Commissioners in 1996 (Resolution 96-23) however that exemption did not utilize all of the exemption parcels available. The current request will result in three parcels from the original 40 -acre parcel eligible for the exemption process. Domestic/Irrigation Water Legal Supply Two household -use only wells currently exist on the original 40 -acre parcel — one on Parcel 1 and one on Parcel 2. A monitoring well was issued on Parcel 2 and is proposed to be converted to a household -use only permit upon approval of this application. The Director Determination should be sufficient for the Division of Water Resources to issue that permit for an "exempt" parcel. If the Director Determination is sufficient for DWR to issue the well permit the exemption plat will not be signed by the Board of County Commissioners until such time as the permit is issued. If the DWR does not find the Director Determination sufficient to issue the well permit then Board signature will be requested but the plat will not be recorded until such time as the well permit is provided to Garfield County. Physical Supply The monitoring well has been tested for both quantity and quality issues and has been determined sufficient to serve the proposed parcel. Water Storage Requirements Domestic water and water for fire -fighting requires on-site storage pursuant to Resolution 96-23. Parcel 2B shall comply with the requirement for a 1,000 gallon tank, and Parcel 2A 2 Ahrvans Minor Exemption 111, Administrative Review shall provide a capacity of 2,500 gallons unless fire suppression sprinklers are installed in any dwelling unit construction on Parcel 2B. If sprinklers are installed then the capacity may be decreased to 1,250 gallons. A note has been placed on the plat as notice to any potential purchaser. Zancanella and Associates provided storage tank information attached as EXHIBIT L. Zoning The subject property is located within the Rural (R) Zone District. As required by the ULUR, the Applicant's proposal does conform to all County zoning requirements including minimum lot size. Access The proposed exemption parcels (2A and 2B) have direct access to CR 301. Road and Bridge has no issues with this application. Road Impact Fees will be applicable to the created parcel, Resolution 96-23 requires that the fee be paid at building permit. A note has been placed on the plat as notice to any potential purchaser. Wastewater The Applicant proposed that the new parcel be served by Individual Sewage Disposal System (1SDS) which will require permitting at the time of Building Permit. Geotechnical issues have resulted in a plat note which requires engineered septic systems (and foundations) or a geotechnical study. The two existing parcels in the exemption are currently served by ISDS. Fire Protection The subject property is located within the Grand Valley Fire Protection District, no comment has been received regarding this application. As stated above, the parcels are required to provide water storage that may be used for fire protection. Easements Severed Mineral Interests and Other Required Plat Notes The minerals have been severed from the surface estate and a note does appear on the Exemption Plat: "The mineral rights associated with this property will not be transferred with the surface estate therefore allowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s)." Vegetation Steve Anthony, County Vegetation Manager requested that the applicant provide a map and inventory of any County Listed Noxious Weeds on the two proposed parcels and the 3 • ilEvans Minor Exemption Administrative Review remainder parcel. A weed management plan will then be required to address any inventoried county listed noxious weeds. Again, this is included as a condition of approval. Geology Potential geologic issues have been adequately addressed by provision of a note on the plat that requires engineer -designed foundations and ISDS or a site-specific geotechnical analysis that indicates that the engineer -design is unnecessary. Staff Recommendation Staff finds the proposed Exemption MAY comply with the Garfield County Unified Land Use Code of 2008 if conditions of approval are required. However, the critical component is issuance of the household -use only well permit for conversion of the existing monitoring well, along with other conditions which must be satisfied prior to Board signature on the plat. Upon issuance of the Director Determination notice will be provided to the BOCC for a 10 -day period, during which time they have the ability to `call-up' the file for hearing. Once the issues are resolved and the call-up period has expired, the mylar may be placed on the Board consent agenda to seek the Chairman's signature. Recording fees will be due, payable to the Clerk & Recorder (please verify fee amount with the C&R) upon scheduling of the mylar with the BOCC. V PROPOSED FINDINGS 1. That proper notice was provided to adjacent property owners as required by the Unified Land Use Code of 2008, as amended; 2. That the administrative review was extensive and complete, that all pertinent facts, matters and issues were submitted and that adjacent property owners had the ability to be heard regarding this request; 3. That for the above stated and other reasons, the proposed exemption has been determined to be in the best interest of the health, safety, and welfare of the citizens of Garfield County; 4. That the application has met the requirements Article V, Division 4 and Article VII of the Garfield County Unified Land Use Code of 2008 if conditions of are satisfied. VI STAFF RECOMMENDATION Staff recommends that the Director of Building and Planning conditionally approve the Exemption. The conditions of approval related to the request for an Exemption from the Definition of Subdivision for parcel number 2185-271-00-027 are as follows: 1. That all representations made by the Applicant in a public hearing before the Board of County Commissioners shall be considered conditions of approval unless 4 jvans Minor Exemption Administrative Review otherwise amended or changed by the Director. 2. The signed mylar shall be submitted at least one week prior to scheduling the plat for signature by the Board of County Commissioners. Adequate recording fees shall accompany the mylar. 3. The property is located in the School District 16 therefore the Applicant shall be required to pay $200 for one additional parcel. This fee shall be paid at or prior to the Board of County Commissioners signing the exemption plat. 4. Traffic Impact Fees for the creation of an additional parcel shall be calculated and collected prior to issuance of a building permit on Parcel 2A. 5. Prior to Board signature of the plat the Applicant shall submit a map and inventory of any noxious weeds and, if necessary, shall provide a weed management plan acceptable to Steve Anthony, County Vegetation Manager. 5 • Kathy A. Eastley From: Wyatt Keesbery Sent: Thursday, September 16, 2010 7:50 AM To: Kathy A. Eastley Subject: Jack Evans and Billie Burchfield Kathy, Road and Bridge has no issues with these applicants and their request for subdividing a 33 acre parcel into two Tots of 17 and 16 acres on CR 301 just east of Battlement Mesa. WYATT KEESBERY Garfield County Road & Bridge Foreman / Rifle and Silt District 0298 CR 333A Rifle, Co. 81650 Office- 970-625-8601 Fax- 970-625-8627 Cell- 970-309-6073 1 Kathy A. Eastley • From: Jim Rada Sent: Thursday, September 23, 2010 3:07 PM To: Kathy A. Eastley Subject: MIEA6430 Evans Exemption Attachments: Jim Rada (jrada@garfietd-county.com).vcf EXHIBIT Hello Kathy, I have reviewed the above referenced submittal and find no issues of significance related to these documents. Thanks for the opportunity to review this application. Jim Kala, K -15 bnvfronmer a( Health Manager Garfield County Public, Health 195 W 14th Street Rifle, CO 81650 Phone 970-625-5200 x8113 Cell 970-319-1579 Fax 970.625-8304 Email jrada angarfield-county.com Web www.garfield-councom 1 • • MEMORANDUM To: Kathy Eastley From: Steve Anthony Re: Comments on the Evans Exemption (File MIEA6430) Date: September 29, 2010 The Vegetation Management Depaituient requests that the applicant provide a map and inventory of any County Listed Noxious Weeds on the parcel and provide a weed management plan that will address any inventoried noxious weeds. If the applicant needs assistance they may contact me at 625-8601 and we can arrange a site visit and provide some assistance with the weed inventory and management plan. • September 23, 2010 Ms. Kathy Eastley Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 ►- �� MOUNTIi EN6INEE CIVIL AND ENVIRONMENTAL CONSULTING AND DESIGN RE: Review of Evans Minor Exemption Application: MIEA 6430 Dear Kathy: This office has performed a review of the documents provided for the Evans Minor Exemption Application. The submittal was found to be thorough and well organized. The following questions, concerns, or comments were generated: 1. The Application proposes that a 2,000 gallon cistern will be provided for fire protection. No details on the fire connection, storage facility, location, easements necessary, water source and/or water rights are included within the application. The Applicant will need to address the specifics of the design and obtain approvals from the Fire Marshall. 2. The water system proposes that 2,500 gallons of storage is required for the domestic system but no engineering design or specifications are provided. The Applicant should address the design of the storage system. 3. The well permit provided is for a monitoring well. The Applicant proposes to provide a domestic well permit within 90 days of approval. However Garfield County requires a legal water supply prior to approving a subdivision. The Applicant will need to provide evidence of a legal water supply. 4. Provided the well permit is granted it will be for in house use only. That means that other uses such as outside irrigation, animals, fire storage, etc. will not be allowed. The Applicant will need to address these other uses. 5. The Applicant states that the adequacy of the well of the "Remainder" parcel has already been examined and approved. However since the exemption is creating two parcels from one, the physical supply of both parcels should be verified. The Applicant will need to provide information for the adequacy of both wells. 6. The Applicant provides pages from the Declaration of Covenants from a previous subdivision but does not provide any information one how the proposed two parcels will operate within or separate from these Covenants. The Applicant will need to address this. 826 1/2 Grand Avenue • Glenwood Springs, CO 81601 PH: 970.945.5544 • FAX: 970.945.5558 • www.mountaincross®eng.con1 Evans Exemption Page 2 of 2 September 23, 2010 7. On the Evans Subdivision Exemption Plat, note "J" refers to a shared well system and a minimum storage requirements that are not congruent with previous storage amounts mentioned. The Applicant should resolve this conflict. 8. The Applicant provides an old septic permit application but the application does not provide information in sufficient detail to determine percolation results or subsoil strata to determine the suitability of the site soils for an ISDS system. The Applicant will need to address this. Feel free to call if you have any questions or comments. Sincerely, Mount in Cross Engineering, Inc. Chris Hale, PE MOUNTAIN CROSS ENGINEERING, INC. Civil and Environmental Consulting and Design 826 '/2 Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com • • Kathy A. Eastley From: Adams, Karlyn [Karlyn.Adams@state.co.us] Sent: Tuesday, October 05, 2010 9:17 AM To: Kathy A. Eastley Subject: RE: Evans Exemption Kathy, Per our phone conversation yesterday, I am sending this email to clarify the process that will be required for the land on the proposed Parcel 2A of the Evans Exemption to become unencumbered by surrounding exempt well permits. Please continue to refer to my previous email on the Evans Exemption for detailed information on well permit nos. 195305-A and 195307-A. At this point permit no. 195307-A, issued for Lot 2, encumbers part of the land on proposed Parcel 2A in addition to all of the land on what would become Parcel 2B. Also, permit no. 195305-A encumbers part of the land on proposed Parcel 2A in addition to the land on Lot 1. For the creation of a legal water supply on Parcel 2A, both of these permits must be re -permitted to reflect the new lot boundaries. The issue debated in this case is the need to re -permit both wells prior to the issuance of a subdivision exemption for the Evans Exemption. Unfortunately, this office will not be able to re -permit 195307-A prior to the final plat being issued for the Evans Exemption since the new lot boundaries described on the final plat will need to be used for a new permit. This limitation is created by the bounds of our exempt permitting process. When an exempt well permit is issued it is permitted as the only residential exempt well on a parcel. Permit no. 195307-A is currently issued as the only well on 20.17 acres described as Lot 2 of the Evans Subdivision Exemption, Parcel ID 23-2407-102-00-044. Any new permit issued prior to the recording of the final plat would need to still be issued as the only residential exempt well on Lot 2 (taking into account the more recent lot line adjustment). This description will continue to encumber proposed Parcel 2A until such a time as Lot 2 is recorded as being divided into Parcels 2A and 2B. As such, this office recommends that the applicant apply for the reissuance of permit no. 195305-A prior to the county's approval of the Evan Exemption's final plat. The final plat will need to be issued prior to the re -permitting of permit no. 195307-A for Parcel 2A to become unencumbered. After the final plat has been recorded the applicant will need to apply for the reissuance of permit no. 195307-A to reflect the new lot boundaries of Parcel 2B. At that point, Parcel 2A will be eligible for an exempt, single family dwelling well permit. Please note that as with all well applications, it is only after the application has been submitted and we have completed a full review of the application that we can confirm if a permit will be issued for any well. I appreciate your patience and understanding as we work to find a solution to this issue that complies with our permitting regulations. Please contact this office if we can be of any further assistance. Sincerely, Karlyn Adams, E.I.T. Water Resource Engineer Colorado Division of Water Resources 1313 Sherman Street, Suite 818 Denver, CO 80203 (303) 866-3581 office (303)866-3589 fax 1 • • From: Adams, Karlyn Sent: Tuesday, Septerrlber 28, 2010 3:22 PM To: 'keastley@garfield-county.com' Subject: Evans Exemption Kathy, We have reviewed -the above -referenced proposal to divide a 33.342 acre lot into two residential parcels, Parcel 2A will be 17.259 acres and Parcel 2B will be 16.083 acres. The applicant proposes to supply domestic water through two existing wells. The submitted material does not appear to qualify as a "subdivision" as defined in C.R.S. § 30-28- 101(10)(a). Therefore, pursuant to the State Engineer's March 4, 2005 memorandum to county planning directors, this office will only perform a cursory review of the referral information and provide comments. The comments will not address the adequacy of the water supply plan for this property or the ability of the water supply plan to satisfy any County regulations or requirements. There are two permits currently issued on Lot 2 of the Evans Exemption. Permit no. 195307-A was issued as a replacement well for permit no. 195307 on June 18, 2002. It was issued as the only well on a residential site of 20.17 acres described as Lot 2, Evans Subdivision Exemption, Garfield County. The uses of the well are limited to ordinary household purposes inside one single family dwelling at a rate of 15 gpm. A Well Construction and Test Report was received on July 5, 2002 indicating that the well was constructed on June 24, 2002. Permit no. 282284 was issued as a monitoring well on December 28, 2009. It was issued on a residential site of 33.342 acres described as Parcel 2, Evans Exemption, more particularly described in Evans lot line adjustment plat and boundary line adjustment affidavit. The uses of this well are limited to monitoring water levels and/or water quality sampling. A Well Construction and Test Report was received on July 5, 2002 indicating that the well was constructed on June 24, 2002. There is one permit currently issued on Lot 1 of the Evans Exemption. Permit no. 195305-A was issued as a replacement well for permit no. 195305 on May 20, 2003. It was issued as the only well on a residential site of 20.17 acres described as Lot 1, Evans Subdivision Exemption, Garfield County. The uses of the well are limited to ordinary household purposes inside one single family dwelling at a rate of 15 gpm. A Well Construction and Test Report was received on July 8, 2003 indicating that the well was constructed on May 23, 2003. It appears the applicant anticipates acquiring a new, residential well permit for Parcel 2A using the well that is currently permitted under permit no. 282284. However, at this point permit no. 195307-A encumbers part of the land on Parcel 2A in addition to all of the land on Parcel 2B. Also, permit no. 195305-A encumbers part of the land on Parcel 2A in addition to the land on Parcel 1. Since these permits are issued as the only well on a parcel, the existing permits may prevent the owner of Parcel 2A from acquiring a permit for their parcel. We recommend that the owners of Parcels 1 and 2B apply to repermit permit nos. 195305-A and 195307-A to reflect the new lot boundaries and parcel sizes. At that point the applicant can apply for a new well permit to supersede permit no. 282284 that would allow household uses only in a single family dwelling. Please note that there is no guarantee that any permit will be issued. Only after an application has been submitted and we have completed our review of the application can we confirm if a permit will be issued. Thank you for the opportunity to comment on this project. If you or the applicant have any questions please contact this office. Sincerely, Karlyn Adams, E.I.T. Water Resource Engineer Colorado Division of Water Resources 2 1313 Sherman Street, Suite 818 Denver, CO 80203 (303) 866-3581 office (303)866-3589 fax • • • • Kathy Eastley, AICP Senior Planner Garfield County Building & Planning 108 8th Street, #401 Glenwood Springs, CO 81601 Dear Ms Elastley; September 26, 2010 EXHIBIT K I am one of the adjacent property owners to the EVANSBIRCHFIELD property that is being requested for subdivision near Parachute, Colorado. I jointly own, with five cousins and four sisters, that property known as the Libby property which forms the common property line with the EVANSBIRCHFIELD property. None of our family were properly notified of this hearing. It was only because of a cousin asking me to open her letter that was addressed to her but sent to my address that we found out about this request to subdivide the property owned by MR. & MRS. EVANS. The Libby Family has discussed this issue briefly and feel that there are several items that should be brought to the attention of any future property owners of the EVANSBIRCHFIELD property. These items include the following: Thank You Zl 1. The common boundary was surveyed by the Libby Family three years ago and was recorded by the surveyor with Garfield County. That boundary should be exactly the same line as any survey that was done by Mr & MRS. EVANS. However, our surveyor noted on our survey map that there is a difference in the placement of the existing barbed wire fence on the east end of the fence line offset onto our property by about four feet, and extending westward as a thin pie shaped wedge for a distance of some one to two hundred feet. This area is at the cattle guard where the access road enters the property. The Libby family habwned this property since July 1906, some one hundred plus years. Since about 1965, this family has had agreements with area oil and gas companies for possible drilling. We believe that this should be noted as it may become an issue in the future with unknown property purchasers. At this time we know of no such plans to drill. A family co-owner may be in the Parachute area around Octoberl5-20th should there be red to meet with him. His name is Richard Libby, his address is P. O. Box128, live Oak, CA. 95953 Jack Edwards 272 Santa Cruz Drive Fairfield, Ca. 94533 (707)425-6332 RO Box 1908 1011 Grand Avenue Glenwood Springs, CO 81602 Z4t4C4t4ELL4 4140 AISSOCI4TET, INC. Chad Lee Balcornb & Green, RC. P. 0. Drawer 790 Glenwood Springs, CO 81602 Re: Jack Evans Dear Chad: EEirc COMSLILT4t4 TS October 20, 2010 To further define the opinions for a water system supply for the Jack Evans lot split, we have added the following comments. In our original letter, we suggested a 2500 gallon storage tank or combination of tanks would be adequate to meet the fire protection needs and domestic water storage requirements. This volume assumed that residential sprinklers would not be used, Under the current building code if NFPA13D (residantial sprinklers) are required., the storage volume could be reduced. 900 gallons =2 zones @15 gpm for 30 minutes 350 gallons in-house domestic 1250 gallons total A Norwesco 1400 gallon cistern, part no. 41893 with a ANS1/NSF standard 61 rating, would be adequate. If the 2500 gallon option is used, the same ANSI/NSF standard 61 rating should be required. If you have any questions, please contact our office at (970) 945-5700, Very truly yours, Zancanella & Associates; Inc„ rk/oete 74 Ivrea/re/a Thomas A. Zancanella, P.E. Attachment z:',10800\10803 evens, iaciOchad Zee storage dank.siocx Norwesco • I1DRWESCDO Above Ground Tanks Water 8 Waste Tanks Below Ground Tanks • Locate Distributor - Septic • Bruser-Multi-use Cistem • Spl?ericat Pump • Holding • Accessories Above Ground Water Tanks • Locate Distributor • Vertical • Black or Dari Green Vertical - Horizontal Leg Etliptical Lec • Pickup Truck - M ni Bulk PCO • Speaaity Water Only • Bulkhead Fittings • Lids • Tank fiepa>r Kits Other • Underground Tank Instaltation Instructions (PDF) • Holding Tank tnstattation Instructions (PDF) • Frequentty Asked Questions • New Products Rochester Product Line Valves. Couplers & Accessories 171 Cistern Tanks 325 Gallon 550 Gallon 600 Gallon 1200 Gallon r. Locate Distributor 1700 Gallon r." .bout Us 411 Page 1of2 Locations Download Catalogs Contact Us Norwesco's below -ground water cisterns feature the same rugged. ribbed design found in our septic tanks. Our cisterns are ideal for instances when drinking water must be hauled in or if a well just doesnl meet consumption needs. As with all of Norwesco's water storage tanks. our cistems are produced with 100% virgin resin which meets FDA specifications for potable water. Where applicable. Norwesco's cisterns have been certified under ANSI/NSF Standard 61. The 325 and 550 gallon spheres may remain in the ground when empty. These tanks include a molded -in elevated pump stand on the bottom of the tank. The ribbed tanks (600 gallon and larger) should be filled one-fourth full after installation. Manhole extensions and lid/riser combinations are available for instances where it is necessary to bring access to ground level. In addition. Norwesco offers a full range of bulkhead fittings to help adapt the cistern to suit specific needs or applications. (See above ground tank accessories.) All Norwesco cistern tanks are manufactured by means of the rotational molding process, which produces a one-piece. seamless, watertight tank. Polyethylene is unaffected by soil chemicals so Norwesco the tanks will not rust or corrode and require no additional coatings as other tanks do. Norwesco's strict quality guidelines ensure an environmentally safe cistern tank. Underground Tank Installation Instructions BELOW GROUND CISTERN TANKS Gallon Capacity Length Width Height Manhole Diameter Part No. Availability 325 Cistern Sphere - 54" Dia. 51" 1-20' 41321 A 550 Cistern Sphere - 64" Dia. 64' 1-20" 40856 B,C,H,L 600 Cistern 101" 51" 42" 1-20' 41328 B,C.D.E,F,G,H 1200 Cistern 102" 60" 63" 2-20" 41329 A 1400 Cistem 116" 55" 70" 2-20" 41893 B,C,E,F.G.H,L 1700 Cistem 135" 55" 70" 2-20" 41330 A http://www-norwesco.com/page.cfm?menu=10 10/20/2010 • • From: JIM MILLER DBA To: Kathy A. Eastley; Subject: Thank You Date: Monday, September 20, 2010 4:14:33 PM 2..t EXHIBIT Thank you for your kind and courteous explanation of our concern. I talked with an attorney and he feels having the references on the Platt as well as we have a Surface Use Agreement with Williams Oil & Gas, that we are adequately protected. Sincerely, James C. Miller (for Charlene M. Miller, landowner) Ashland, Oregon • c e/6 Memorandum To: Board of County Commissioners From: Kathy Eastley, Building and Planning Date: December 13, 2010 Re: Evans Minor Exemption A request for a Minor Exemption was submitted, and reviewed through the Administrative Review Process. The Director of Building and Planning issued a determination of conditional approval on October 25, 2010 and, pursuant to §4-104B.2. of the Unified Land Use Resolution of 2008, as amended, the Board was provided the opportunity to review the staff report and Director Determination in order to consider call-up of the request for public hearing. The Board did not request a public hearing of the application. Typically a request for authorization of the Chairman to sign the Exemption Plat would be placed on the Consent Agenda, however there is an issue with the demonstration of adequate water to serve the proposed exemption lot. This is an extremely unusual circumstance and Staff has worked diligently with the Applicant and the Division of Water Resources to satisfy this issue. Staff is requesting the Board authorize the Chairman to sign the Evans Subdivision Exemption No. 2 plat. MS 1 GAIELD COUNTY TREASUOR Certificate of Taxes Due Account Number R270498 Parcel 240710200044 Assessed To EVANS, JACK T., JR. & BIRCHFIELD-EVANS, BILLIE G. PO BOX 475 PARACHUTE, CO 81635-0475 Certificate Number 2009006401 Order Number Vendor ID BALCOMB & GREEN, P.C. Legal Description Situs Address Section: 10 Township: 7 Range: 95 A TR IN THE E1/2NWNW AND THE NESWNW. AKA 002743 301 COUNTY RD PARCEL 2 EVANS EXEMPTION. ALSO A TR OF LAND CONT 13.172 AC +/- AS DESC. IN EVANS LOT LINE ADJ. PLAT #754138 & BNDY LINE ADJ AFFIDAVIT REC #754137 & QCD REC # 754139 Year 2009 Charges Tax Billed $517.60 Payments $517.60 Balance $0.00 Grand Total Due as of 12/02/2010 $0.00 Tax Billed at 2009 Rates for Tax Area 047 - 1 6-DHFZ - 047 Authority Mill Levy Amount GARFIELD COUNTY 7.9330000 $119.94 GARFIELD - ROAD & BRIDGE 2.8610000 $43.26 GARFIELD - HUMAN SERVICES 0.5720000 $8.65 GARFIELD - CAP EXPEND 2.2890000 $34.61 GRAND VALLEY FIRE 3.2670000 $49.40 COLO RIVER WATER CONS 0.1660000* $2.51 WEST DIVIDE WATER CON 0.0480000* $0.73 GRAND RIVER HOSP GEN 5.3210000* $80.45 GRAND VALLEY CEMETERY 0.0110000 $0.17 SCHOOL DIST 16 - GEN 2.2390000 $33.85 16 - BOND 2.4990000 $37.78 COLORADO MTN COLLEGE 3.9970000 $60.43 GRAND RIVER HOSPITAL - BOND 0.2760000 $4.17 PARA/BATTLEMENT PARK& REC 1.2600000* $19.05 GARFIELD COUNTY LIBRARY 1.0000000 $15.12 16 -MILL LEVY OVERRIDE 0.4950000 $7.48 Taxes Billed 2009 * Credit Levy 34.2340000 $517.60 Values Actual Assessed MANUFCTD.HOUSIN $190,000 $15,120 G -LAND Total $190,000 $15,120 All Tax Lien Sale amounts are subject to change due to endorsement of current taxes by the lienholder or to advertising and distraint warrant fees. Changes may occur and the Treasurer's Office will need to be contacted prior to remittance after the following dates Personal Property and Mobile Homes - September 1, 2010, Real Property - September 1, 2010. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. Special taxing districts and the boundaries of such districts may be on file with the Board of County Commissioners, the County Clerk, or the County Assessor. This certificate does not include land or improvements assessed under a separate account number, personal property taxes, transfer tax or misc. tax collected on behalf of other entities, special or local improvement district assessments or mobile homes, unless specifically mentioned. I, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof, I have hereunto set my hand and seal. Dec 2, 2010 2:27:13 PM Page 1 of 2 GAIELD COUNTY TREASU•R Certificate of Taxes Due TREASURER, GARFIELD COUNTY GEORGIA CHAMBERLAIN 109 8th Street, Suite 204 Glenwood Springs CO. 81601 Dec 2, 2010 2:27:13 PM Page 2 of 2 • • MEMORANDUM To: Kathy Eastley From: Steve Anthony Re: Comments on the Evans Exemption (File M1EA6430) Date: November 1, 2010 I did a site visit on the property on October 28, 2010 with Mr. Evans to do an inspection for county listed noxious weeds. There are no major concerns regarding noxious weeds on the property. EDWARD MULHALL, JR. SCOTT BALCOMB LAWRENCE R. GREEN TIMOTHY A. THULSON DAVID C. HALLFORD CHRISTOPHER L. COYLE THOMAS J. HARTERT CHRISTOPHER L. GEIGER SARA M. DUNN DANIEL C. WENNOGLE SCOTT GROSSCUP CHAD J. LEE BALCOMB & GREEN, P.C. ATTORNEYS AT LAW P. 0. DRAWER 790 818 COLORADO AVENUE GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: 970.945.6546 FACSIMILE: 970.945.8902 www.balcombgreen.com Kathy Eastley, Senior Planner Garfield County Building and Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 October 7, 2010 Re: Evans Subdivision Exemption Dear Kathy: 1, I 0 7 is iV KENNETH BALCOMB (I 920-2005) OF COUNSEL: JOHN A. THULSON Via Hand Delivery This letter is the Applicant's response to several comments received last week on the minor subdivision exemption application. At the outset, it is worth noting that this application is the result of a Court ordered division of property resulting from a divorce, not a result of a commercial enterprise or other speculative plan for development. This situation has made responding to some of the concerns difficult, since there are no current plans for a residential dwelling or ISDS system. However, these are items that can be addressed through conditions of approval in the Resolution. 1. Comments from Division of Water Resources The Division of Water Resources ("Division") issued comments last week discussing the status of the well permits on the property. Due to some overlap issues, the Division requested that Applicant clean up the existing well permits on the property. Applicant is willing to clean up these permitting issues and apply for a new exempt well for the new parcel. However, the new Lot 2A's statutory water supply is created simultaneously with the lot pursuant to C.R.S. §37-92-602, therefore, the permit cannot be issued by the Division prior to creation of the lot. This statutory water supply is appurtenant to Lot 2A, it cannot be transferred or sold separately from the Lot. We propose that the County approve the division and sign the plat with the express condition that the plat will not be recorded' and no building permits will be issued for Lot 2A without evidence that the well has been perfected through conversion of the monitoring well permit to a production permit under the terms of C.R.S. §37-92-602 or C.R.S. §37-90-137. ' Applicant is willing to agree not to record the plat until the well permit is secured, unless such recordation is a prerequisite to the Division issuing the well permit. • • BALCOMB & GREEN, P.C. ATTORNEYS AT LAW Kathy Eastley, Senior Planner Garfield County Building and Planning October 7, 2010 Page 2 The well permit is a simply a license allowing for the withdrawal of groundwater when legally available, it does not in and of itself create a legal water supply. The legal right to use water under the statutory provision arises by operation of law upon the creation of the exemption lot. The well permit will be granted pursuant to C.R.S. §37-92-602 unless the well is determined to cause injury to other water rights, in which case, a well permit will be issued pursuant to C.R.S. §37-90-137 in conjunction with a plan to address the injury, as further discussed below. Based on representations from the Division to your office, the Division will not issue a well permit for a subdivision exemption until they receive a signed plat. On the other hand, the County has represented that it will not sign the plat without first receiving evidence of a legal water supply, such as a well permit. The County's position in this respect essentially forecloses Applicant from the opportunity to secure an exempt well permit for the property. We have been assured that it is not the County's intended policy to eliminate its constituents' opportunity to utilize this type of statutorily authorized exempt well permit county -wide. But this is the practical effect of a denial of this application—it precludes the Applicant's right to perfect its existing monitoring well to a production well under C.R.S. §37-92- 602 which explicitly recognize the need for such water supplies in less densely populated areas where other water supplies are not available. The intent of the County Code is to prevent residential lots without water supplies. Approval of the application herein will not create a lot without a water supply. Each of the Lots within the Evans Exemption have the statutory authority to obtain exempt well permits pursuant to C.R.S. §37-92-602 to divert groundwater for in-house use and domestic animal use so long as the diversions will not injure other water rights.' Nothing in this case indicates that injury will be a concern. The Division has already issued exempt well permits for this property, the well tests indicate adequate physical supply, and the amount of water required to serve the in-house uses in the single family dwelling on each is lot is minimal. However, even if the permit were to be denied on the grounds that the diversion would cause injury to a vested water right, a well permit would be issued under C.R.S. §37-90-137 with a court approved plan to mitigate the injury. Colorado has recognized that this second option is 2 It is worth noting, the Resolution 96-23 approving the prior exemption of this property approved the creation of three exemption parcels prior to obtaining well permits. See Condition of Approval Number 5. Subsequent to that approval, well permits were obtained pursuant to C.R.S. § 37-92-602 and the plat was recorded. 4. • BALCOMB & GREEN, P.C. ATTORNEYS AT LAW Kathy Eastley, Senior Planner October 7, 2010 Garfield County Building and Planning Page 3 a costly process appropriate for more densely populated areas, such as formal subdivisions, typically not required of less densely populated areas where other supplies (i.e. municipal supplies) are unavailable. In summary, the legal water supply for the new proposed Lot 2A springs into existence upon the County's creation of the lot. Following the creation of the lot, the State will issue to the well permit (license) for the groundwater withdrawals based on the statutory authority. Therefore, we propose that the subdivision exemption be approved and the plat signed (and recorded, if required by the State). The approval can prohibit issuance of any building permits for Lot 2A until the well permit is secured to address the County's legitimate concerns. 2. Comments from Vegetation Management Department The Department of Vegetation Management has requested that Applicant provide a map and inventory of any County Listed Noxious Weeds on the property and to provide a weed management plan. Applicant is willing to agree to a condition of approval that he obtain an inventory of noxious weeds and provide a weed management plan. We suggest, however, that this inventory occur in the spring or summer to increase its effectiveness. 3. Comments from Neighbors We received comments from Charlene M. Miller and Jack Edwards, both of whom appear to own an interest in what is known as Garfield County Assessor's Parcel Number 2407- 033-00-007. Ms. Miller commented that she believed she was adequately protected. Mr. Edwards, on the other hand, had additional comments, including on the sufficiency of notice. According to the Garfield County Assessor, this parcel is jointly owned by the Richard & Geraldine Libby Trust and the Louis M. & Sandra R. Thorpe Family Trust, with an address of 272 Santa Cruz Drive, Fairfield, CA 94533. Applicant notified both of these Trusts at this address. The certified mail receipts for both trusts were signed by Jack Edwards (See attached). This notification fulfilled the Colorado statutory notification obligation. Applicant also reviewed the Garfield County Clerk & Recorder's records for a statement of authority for either of these trusts. Neither trust has filed a statement of authority. Mr. Jack Edwards submitted comments to the application. He complained about "inadequate" notice despite having signed for the letters. The notice was sufficient for purposes of Colorado law. • • BALCOMB & GREEN, P.C. ATTORNEYS AT LAW Kathy Eastley, Senior Planner October 7, 2010 Garfield County Building and Planning Page 4 Second, Mr. Edwards suggests there is a boundary discrepancy between the properties. Applicant is unaware of any misplaced fence on the property. The plat does not depict a fence on the boundary with the Libby property. Therefore, it is unclear what Mr. Edwards was referring to. Additionally, remember that the county's approval of this plat will not alter boundary lines between property owners and that boundary disputes are not within the province of the County's decision making authority. Mr. Edwards received the property described in his deed. This property cannot be changed by this plat. Applicant asks the County to approve the request for a minor subdivision exemption and not to unnecessarily delay this court-ordered property division on ancillary grounds. Finally, Mr. Edwards suggests that his mineral ownership should be "noted" because it may become an "issue" in the future. This plat does not affect adjacent owners' rights in any manner. Mineral owners have the right to reasonable use of the surface estate to extract minerals. But in this case they own the surface estate. There is nothing that the Applicant can do to affect their rights. Additionally, Applicant included a plat note advising future owners of the possibility that the mineral estate is owned by a third party. This is more than sufficient to satisfy Mr. Edwards' concerns. 4. Mountain Cross Engineering, Inc. We appreciate that the engineers believed the submittal was thorough and well organized. Below is an item -by -item response to the comments. 1. Applicant has not yet constructed or designed the fire suppression system. However, Applicant will stipulate to a condition that the specifics of the design be approved by the Fire Marshall. 2. Again, no engineering design or specifications have been completed, but Applicant will stipulate to a condition that the design be approved by the Fire Marshall. 3. This comment addresses the water supply, which is discussed above. Applicant believes the County is protected if Applicant is required to obtain a well permit after approval of the plat. Applicant is willing to delay the recordation of the plat until a well permit is received. • BALCOMB & GREEN, P.C. ATTORNEYS AT LAW Kathy Eastley, Senior Planner Garfield County Building and Planning October 7, 2010 Page 5 4. Applicant understands that no irrigation will be allowed from the domestic well. Water use on the property will be restricted by the terms and conditions of the well permit or water right decree applicable to the property. There is nothing more than needs to be addressed in this request for a minor subdivision exemption. 5. The water use on the existing parcel will not change as a result of this subdivision. The water supply to this parcel was determined to be adequate by the County in 1996. We have addressed this in earlier correspondence to your office, prior to the finding of technical completeness. We have also provided a copy of the 1996 resolution and the well test information to the county. We have had numerous conversations with three separate planners on this issue (Tom, Kathy, and Fred). With this information, Applicant has provided sufficient information for the adequacy of the water supply on both parcels. 6. Applicant is unaware of any covenants affecting the property. The updated title commitment contains the encumbrances on the property, none of which contain covenants per se. This comment may be referring to the conditions imposed as a result of the 1996 approval. These conditions, as a matter of law, will remain applicable to both properties. 7. Applicant was instructed by County staff to include all conditions of the 1996 approval, one of which was the inclusion of the 1,000 gallon water tank installed the two previously platted lots. Since the fire tank storage requirements have obviously increased, Applicant will redraft this note to require 1,000 gallon tanks on the existing parcels and a 2,500 gallon tank and the new parcel. 8. Lot 2A is well over an acre, and is therefore suitable to be served by an Individual Septic Disposal System ("ISDS") with a leach field system per the requirements of the Garfield County Code. The remainder parcel (Lot 2B) is already served by an ISDS with a leach field system. It was found to be suitable for an ISDS when its permit was issued. Due to the size of Lot 2A, there is plenty of flexibility to provide a suitable treatment area. Therefore, Lot 2A meets all requirements for a private system under the Garfield County Code. Plat note H requires the owner to obtain a site-specific percolation test at the time a building permit is acquired to determine the specific needs of the ISDS system. This should be sufficient to ensure proper functioning and location of any ISDS system on the property. BALCOMB & GREEN, P.C. ATTORNEYS AT LAW Kathy Eastley, Senior Planner Garfield County Building and Planning October 7, 2010 Page 6 Thank you for your cooperation and assistance in bringing this matter to a successful conclusion. Very truly yours, BALCOMB & GREEN, P.C. Bv: cc: Mr. Jack T. Evans, Jr. Ira M. Karet, Esq. Mr. Fred Jarman Sara M. Chad J. Lee Enclosure: Signed certified mail receipt for Libby and Thorpe Trusts • • SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON RELIVE,%1' ■ Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. ■ Print your name and address on the reverse so that we can return the card to you. • Attach thls card to the back of the mallplece, or on the front If space permits. 1. Article Addressed to: #2407-033-00-007 Richard & Geraldine Libby, Trustees The Richard & Geraldine Libby Trust 272 Santa Cruz Drive Fairfield, CA 94533 EzliLfit 0 Ago SATIdressee Received by (Printed Name) of Dellve D. Is delivery address different from Item If YES, enter delivery address below: . Service Type • Gertifled Mall ❑ Registered ❑ Insured Mall ❑ Express Mau 0 Return Receipt for Merchandise ❑ G.O.D. 4. Restrtcted Delivery? (ate Fee) 0 Yes 2. Article Number (Aansfer from service label 7009 2820 0001 8420 5710 PS Form 3811, February 2004 Domestic Retum Receipt 102555-02-,4-1540 SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach thls card to the back of the mafplece, or on the front If space permits. COMPLETE THIS SECTION ON DELIVERY 1. Article Addressed to: f�2407-033-00-00 7 Louis & Sandra Thorpe, Trustees Louis M. & Sandra R. Th e Fam. Trust 272 Santa Cruz Drive Fairfield, CA 94533 2. Article Number (Transfer from service label) Ned by (Printed Name) 0 Address ry D. is delivery address different from If YES, enter delivery address be o ❑ No 3. Service Type • Certified Mall ❑ Registered ❑ Insured Mall ❑ Express Mall ❑ Retum Receipt for Merchandise ❑ G.O.D. 4. Restricted Delivery? (Extra Fee) 7009 2820 0001 8420 5727 0 Yes PS Form 3811, February 2004 Domestic Retum Receipt 102595-02'M-1540 • • PUBLIC NOTICE TAKE NOTICE that Jack Evans and Billie Burchfield have applied to the Board of County Commissioners, Garfield County, State of Colorado, to request an Exemption from the Definition of Subdivision, pursuant to Section 5-202 of the Garfield County Unified Land Use Resolution of 2008, as amended, in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: LEGAL DESCRIPTION: Parcel 2, Evans Subdivision Exemption, According to the Plat recorded thereof April 19, 1996 as Reception No. 491782 and the Evans Lot Line Adjustment Plat recorded thereof August 15, 2008 as Reception No. 754138. Practical Description: 2743 County Road 301, Parachute, Colorado 81635 Request Description: Said exemption will create two parcels, one 16 -acre parcel and one 17 -acre parcel, within the Rural Zone District. All persons affected by the proposed Subdivision Exemption are invited to appear and state their views, endorsements or objections. Please contact our department prior to October 1, 2010 if you would like to comment on this application. The Director will give consideration to comments from the surrounding property owners and others affected in deciding whether to grant or deny the request for the land use request. '2t5 �Rl'`, tNiiy,wva,,G'rsrt SUBJECT SITE -> o08 bra This application may be reviewed at ' 300', the office of the Planning t._ Department located at 108 8th Street, Suite 401, Garfield County Plaza Building, Glenwood Springs, Colorado, between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. 303 •;•• [310 .30 The Director of Building and Planning will make a determination on whether to approve, approve with conditions or deny this application on Friday, October 1, 2010. Please provide comments prior to this date in order for consideration by the Director. Planning Department Garfield County To: Michael Langhome - Bookcliff Survey, Inc. From: Scott Aibner — Garfield County Surveyor Subject: Plat Review — Evans Subdivision Exemption Date: 10/05/2010 Garfield County SURVEYOR SCOTT AIBNER, P.L.S Dear Michael, Upon review of the Evans Exemption, I have no comments or corrections to be made prior to approval for survey content and form. Once all final comments from Building and planning have been completed, the Mylar may be prepared for recording. The Mylar shall be delivered to the Building and Planning office with all private party signatures no later than Monday the week prior to the next commissioner meeting day in order to make that meeting. Sincerely, Scott Aibner Garfield County Surveyor cc Cathy Eastley — Building and Planning Department 109 8 th Street ,Suite 201 • Glenwood Springs, C081601 • (970)945-1377. Fax: (970)384-3460. e-mail:saibner@garfield-countycom G/IELD COUNTY TREASIR Certificate of Taxes Due Account Number R270498 Parcel 240710200044 Assessed To EVANS, JACK T., JR. & BIRCHFIELD-EVANS, BILLIE G. PO BOX 475 PARACHUTE, CO 81635-0475 Certificate Number 2009006401 Order Number Vendor ID BALCOMB & GREEN, P.C. Legal Description Situs Address Section: 10 Township: 7 Range: 95 A TR IN THE E1/2NWNW AND THE NESWNW. AKA 002743 301 COUNTY RD PARCEL 2 EVANS EXEMPTION. ALSO A TR OF LAND CONT 13.172 AC +/- AS DESC. IN EVANS LOT LINE ADJ. PLAT #754138 & BNDY LINE ADJ AFFIDAVIT REC #754137 & QCD REC # 754139 Year 2009 Charges Tax Billed Payments Balance $517.60 $517.60 $0.00 Grand Total Due as of 12/02/2010 $0.00 Tax Billed at 2009 Rates for Tax Area 047 - 16-DHFZ - 047 Authority GARFIELD COUNTY GARFIELD - ROAD & BRIDGE GARFIELD - HUMAN SERVICES GARFIELD - CAP EXPEND GRAND VALLEY FIRE COLO RIVER WATER CONS WEST DIVIDE WATER CON GRAND RIVER HOSP GEN GRAND VALLEY CEMETERY SCHOOL DIST 16 - GEN 16 - BOND COLORADO MTN COLLEGE GRAND RIVER HOSPITAL - BOND PARA/BATTLEMENT PARK& REC GARFIELD COUNTY LIBRARY 16 -MILL LEVY OVERRIDE Taxes Billed 2009 * Credit Levy Mill Levy 7.9330000 2.8610000 0.5720000 2.2890000 3.2670000 0.1660000* 0.0480000* 5.3210000* 0.0110000 2.2390000 2.4990000 3.9970000 0.2760000 1.2600000* 1.0000000 0.4950000 Amount Values Actual Assessed $119.94 MANUFCTD.HOUSIN $190,000 $15,120 $43.26 G -LAND $8.65 Total $190,000 $15,120 $34.61 $49.40 $2.51 $0.73 $80.45 $0.17 $33.85 $37.78 $60.43 $4.17 $19.05 $15.12 $7.48 34.2340000 $517.60 All Tax Lien Sale amounts are subject to change due to endorsement of current taxes by the lienholder or to advertising and distraint warrant fees. Changes may occur and the Treasurer's Office will need to be contacted prior to remittance after the following dates: Personal Property and Mobile Homes - September 1, 2010, Real Property - September 1, 2010. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. Special taxing districts and the boundaries of such districts may be on file with the Board of County Commissioners, the County Clerk, or the County Assessor. This certificate does not include land or improvements assessed under a separate account number, personal property taxes, transfer tax or misc. tax collected on behalf of other entities, special or local improvement district assessments or mobile homes, unless specifically mentioned. I, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof, I have hereunto set my hand and seal. Dec 2, 2010 2:27:13 PM Page 1 of 2 GAIELD COUNTY TREASUFOR Certificate of Taxes Due TREASURER, GARFIELD COUNTY GEORGIA CHAMBERLAIN 109 8th Street, Suite 204 Glenwood Springs CO. 81601 Dec 2, 2010 2:27:13 PM Page 2 of 2 October 18, 2010 Sara Dunn and Chad Lee Balcomb & Green, P.C. 818 Colorado Avenue Glenwood Springs, CO 81601 • Garfield County BUILDING & PLANNING DEPARTMENT Reference: Evans Exemption Dear Sara and Chad: I have compiled a list of the identified issues that will need to be resolved. I have also included planning comments on the application and plat. 1. Due to the unusual circumstances surrounding this application a compromise has been reached that will allow the division of land prior to submittal of the well permit. Recording of the plat will not occur until a valid well permit is submitted to the County. 2. A condition of approval will require a map and inventory of noxious weeds on the site prior to Board signature of the plat. The current weather will not affect this inventory or mapping. If there are inventoried noxious weeds onsite a Weed Management Plan will need to accompany the inventory and mapping. 3. Some information is necessary regarding the water storage for fire protection — at minimum the County will need to know if it planned by lot, or if a common storage facility proposed. If a common facility it will be considered a public improvement which will require an improvements agreement. If the proposal is to provide storage by lot the County will need to know the specifications or standards that will be required so that we can make sure that it is part of the building permit review. We will require a plat note regarding provision of this improvement at building permit. 4. The response to Mountain Cross Engineering comment number 2 is not sufficient and the County will require that the water storage specifications for the domestic system be provided at this time and a plat note will require construction of the domestic water storage at building permit. 5. Plat note H. discusses soil conditions that may result in a requirement for engineered septic and foundations. Please revise may to "shall". The foundation issues should be addressed by adding a requirement for geotechnical study or requiring an engineer -designed foundation. Do you have another suggestion on how to deal with the issue? 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 • 6. The title of the plat — the Evans Subdivision Exemption already exists. How do you plan to address this issue? 7. Please revise the plat as follows: a. The Title Certificate needs a signature line for the title examiner to sign. b. Delete the Exemption Certificate as it is unnecessary. Feel free to contact me if you have any questions. ncer- , Kathy as, ley, AICP Cc: File • Kathy A. Eastley From: Sara Dunn [sarad@balcombgreen.com] Sent: Thursday, September 30, 2010 10:01 PM To: Karlyn.Adams@state.co.us; jeff.deatherage@state.co.us; Kathy A. Eastley Cc: Fred Jarman Chad Lee; jterigger@hotmail.com Subject: Evans Subdivision Exemption Attachments: Division of Water Resources.pdf; 5, b 8-30-10 Survey (07155-01 EXEMPTION SH1 REVIEW).pdf; ATT02773.txt Kathy and Jeff, Thank you for working with me this afternoon to resolve the legal water supply questions that arose in the Evans Subdivision Exemption process. This email to follow-up on our discussions today. I have attached the email from Karlyn identifying the permitting issues and a copy of the plat, so it is easy to refer to and understand the various lot references. Karlyn has identified two overlap problems with the well permitting for the lots within the Evans Subdivision Exemption. Lot 1 (the lot to the south) has a well permit (#1095305A) that is associated with Lot 1 and part of the proposed Lot 2A. This overlap problem was created when Jack Evans and Billie Burchfield performed a lot line adjustment modifying the boundary between Lot 1 and Lot 2 after the well permit had been issued. This overlap can be resolved by reissuance of a well permit for Lot 1 with the corrected lot description by the Division of Water Resources without any further action by the County. Karlyn has also identified an overlap of the well permit serving the existing Lot 2 (#109307-A) - this permit is associated with all of the proposed Lot 2B and part of Lot 2A (only part of Lot 2A due to the lot line adjustment described in the above paragraph). This well permit can be cancelled and a new well permit can be issued for Lot 2B and a new permit can also be issued for Lot 2A once the County has approved the subdivision exemption application. This overlap problem will require the County to grant the subdivision exemption application and create the two new legal parcels — 2A and 2B. Therefore, under my interpretation of the Garfield County Code and Colorado Statutes, both lots to be created under the subdivision exemption process, Lot 2A and 2B, will be eligible for in-house use only wells under the terms of C.R.S. Section 37-92-602. I spoke with Jeff Deatherage and he agreed that if the County will grant the subdivision application creating parcels 2A and 2B, the well permitting overlap problem can be corrected and Lots 1, 2A and 2B will all be eligible for their own in-house use exempt well. Karlyn's email also set this out in the following paragraph: "We recommend that the owners of Parcels 1 and 2B apply to repermit permit nos. 195305-A and 195307-A to reflect the new lot boundaries and parcel sizes. At that point the applicant can apply for a new well permit to supersede permit no. 282284 that would allow household uses only in a single family dwelling. Please note that there is no guarantee that any permit will be issued. Only after an application has been submitted and we have completed our review of the application can we confirm if a permit will be issued." Karlyn is out of the office on Friday and Jeff will be out of the office on Monday — therefore, we may not be able to obtain a written acknowledgement of this from the State Engineer's Office until Tuesday at the earliest. However, Jeff did agree to talk to Kathy and/or Fred tomorrow by phone to confirm my conversation with him and help to clear up any confusion that may exist. I hope we can get this resolved without having a Director's Decision recommending denial being issued tomorrow on October 15t 1 Finally, I have included a briefikerpt from the Division of Water Resourcilluide to Colorado Well Permits that may help in understanding the above explanation (the Guide can be accessed in its entirety at: http://water.state.co.us/DWRIPub/Documents/wellpermitguide.pdf ). Exempt Wells: There are several types of exempt well permits whose uses vary depending upon the situation. Uses are limited specifically by the conditions of approval stated on the permit when it is issued. In most cases, exempt well permits limit the pumping rate to no more than fifteen gallons per minute. Generally, wastewater disposal systems are required to be of the non -evaporative type, such as standard septic tank and leach field systems, where the return flow from the use of the well is returned to the same stream drainage system in which the well is located. Except in limited cases, an exempt well permit will not be issued where either a municipality or a water district can provide water to the property. In most cases, no more than one exempt well permit will be issued for a single lot. Household Use Only Wells — These types of well permits are issued for ordinary household uses in one single family dwelling and do not allow for outside water or livestock watering. Generally, individuals may obtain this type of permit if they own a lot in a subdivision that was created prior to June 1, 1972, or the parcel was created by an exemption to the subdivision laws by the local county planning authority. Use Form GWS -44 in applying for this type of permit. Thank you again for everyone's help in getting this resolved. If I can be of further assistance, please let me know. /6t4,,t Lf 1 co_ Balcomb & Green, P.C. Phone: 970-945-6546 Fax: 970-945-8902 This message may contain or attach confidential or privileged information. Any disclosure, use or retention of this message and any attachments by unintended recipients is unauthorized. 2 • Garfield County September 8, 2010 Chad Lee Balcomb & Green, P.C. 818 Colorado Avenue Glenwood Springs, CO 81601 BUILDING & PLANNING DEPARTMENT Reference: Evans Exemption — File No. MIEA6430 Dear Chad; The Building and Planning Department has reviewed the additional submittal material provide for the above referenced application and determined the application technically complete. The date for a Determination to be made by the Director has been set for Friday, October 1, 2010. As a matter of process, the Applicant shall be solely responsible for the notification of owners within 200' of the subject site. The Applicant shall present proof of mailing, certified mail return receipt, on or before the date of Determination. Notice for the Director Determination shall be given as follows: • Notice to Adjacent Property Owners. At least 15 calendar days prior to the date of the Director's decision, the applicant shall mail the written notice by certified mail, return receipt requested, to the owners of record of all property adjacent to the property within a 200' radius and the mineral owners of record in the office of the County Clerk and Recorder. The notice shall include a vicinity map, the property's legal description, a short narrative describing the current zoning and proposed land use change, the contact information and the date that the Director has to make a decision. I have enclosed the suggested public notice in Word format so you can add necessary information, such as the legal description of the subject site. The public notice documents are provided as a courtesy, however the Applicant must verify that all information provided in these documents is correct. As always, it is the obligation of the Applicant to correct any deficiencies such that proper notice in form and substance can be established. 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 • • Note: I have also enclosed a referral form which lists the federal, state and local agencies who will review the application as referral agencies, as well as the Board of County Commissioners. We will require nine (9) copies of the completed application and all supplemental materials (7 CD's and 2 paper copies) no later than September 13, 2010 (but ASAP if possible). If the copies have not been submitted by this date, the date of determination may be jeopardized. Feel free to contact me with any questions. Sincerel Kathy Eas -y, AICP Attachments CC: File GAR) IEC D COINTY • floe or Division OTTTE umber or Detail: - Road & Bridge Attorney Paper CD Engineering — Chris Hale — Mtu Cross Paper Vegetation Manager CD Environmental Health — Jim Rada CD COLORADO STATE LOCAIIFED GOVT ENTITIES IWater Rrcnnrt es / Statr, Fiwineer CT) Ge._76wiee Wildlife Division (GI Office) CD DISTRICTS/SERVICES Grand Valley Fire Protection District C) REFERRAL FORM • Garfield County Building and Planning Department 108 8th Street, Suite 401, Glenwood Springs, CO 81601 D ent: September 15, 2010 OW Requested: September 29, 2014 (9"10) 94D-zsZ i ur ax: l,y / V) 304-3.1 i V Type of Application(s) File Number/Name(s) Pr9ject Name(s) MIEA6430 Evans Exemption Minor Exemption Phone: 970-945-8212 Staff Planner: Kathy Eastley(keastlev(a�garfield-countv.com) Applicant: Jack Evans and Billie Burchfield Phone: Contact Person: Chad Lee — Balcomb & Green, P.C. Phone: 945-6546 Location: County Road 301 just east of Battlement Mesa Summary of Request: To subdivide a 33 -acre parcel into two lots of 17 -acres and 16 -acres The Garfield County Planning Department has received a land use request as referenced above. Your comments are an important part of the evaluation process. In order to review all appropriate agency comments and incorporate them into the Staff Report, we request your response by Wednesday September 29th. EDWARD MULHALL, JR. SCOTT BALCOMB LAWRENCE R. GREEN TIMOTHY A. THULSON DAVID C. HALLFORD CHRISTOPHER L. COYLE THOMAS J. HARTERT CHRISTOPHER L. GEIGER SARA M. DUNN DANIEL C. WENNOGLE SCOTT GROSSCUP CHAD J. LEE • • BALCOMB & GREEN, P.C. ATTORNEYS AT LAW P. 0. DRAWER 790 818 COLORADO AVENUE GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: 970.945.6546 FACSIMILE: 970.945.8902 www.balcombgreen.com Kathy Eastley, Senior Planner Garfield County Building and Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 August 31, 2010 KENNETH BALCOMB (1 920-2005) OF COUNSEL: JOHN A. THULSON Via Hand Delivery Re: Evans Subdivision Exemption Dear Kathy: Thank you for your call last week. Enclosed is a revised draft plat and a revised title commitment in response to our conversation with Fred Jarmin on Monday, August 16. First, we have noted Well Permit Number 195307-A in the northeast corner of Parcel 2B. Attached is a map created by Dwight Whitehead from the Division of Water Resources depicting the well permits on the Assessor's parcel map. Second, we have included the names of the mineral owners on the cover page of the plat. These names were derived from an inquiry into the Garfield County Assessor's office pursuant to C.R.S. § 24-65.5-103(1)(a)(I)(A). We have also confirmed that there is no pond on the property, nor are there any other significant man made features that do not appear on the plat. Fourth, the easement created by Reception No. 487407, Book 963, Page 529 was vacated and has been removed from the title commitment. The new title commitment is attached. The title company has confirmed that it will sign the certificate on the plat. Very truly yours, BALCOMB & GREEN, P.C. By: cc: Mr. Jack T. Evans, Jr. Ira M. Karet, Esq. Mr. Fred Jarmin Sara . irunn Chad J. Lee • • stewart title View your transaction progress 24/7 via SureClose. Ask us about your login today! Glenwood Springs Division 1620 Grand Avenue Glenwood Springs, Colorado 81601 Phone: 970-945-5434 Fax: 1-800-886-2330 Date: August 17, 2010 Order Number: 17890A -C4 Buyer: Seller: Jack T. Evans. Jr. Property Address: 2743 County Road 301, Parachute, CO 81635 Please direct all Closing inquiries to: Please direct all Title inquiries to: Search Report SELLER: Jack T. Evans. Jr. Susan Sarver Phone: 970-945-5434 or 866-932-6098 Email Address: susan.sarver@stewart.com SELLING BROKER: Phone: Phone: 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 hereunto affixed by its duly authorized officers on the date shown in Schedule A. Countersigned: Authorized Countersignature Stewart Title Glenwood Springs Division 1620 Grand Avenue Glenwood Springs, Colorado 81601 Phone: 970-945-5434 Fax: 1-800-886-2330 stewart04 title guaranty company Senior Chairman of the Board Chairman of the Board President Order Number: 17890A -C4 ALTA Commitment (6/17/06) • 1 COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: July 23, 2010, at 7:30 A.M. 1 Order Number: 1.7890A -C4 2. Policy or Policies To Be Issued: (a) A.L.T.A. Owner's Proposed Insured: (b) A.L.T.A. Loan (Standard) Amount of Insurance $ TBD 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the referenced estate or interest in said land is at the effective date hereof vested in: Jack T. Evans, Jr. and Billie G. Burchfield -Evans, as to Parcel A Annie Rosella Burchfield and Billy Reed Burchfield, as to a Life Estate interest and Jack T. Evans, Jr. Jr. and Billie G. Burchfield -Evans, as to the remainder, as to Parcel B 5. The land referred to in this Commitment is described as follows: See Attached Legal Description Purported Address: Statement of Charges: 2743 County Road 301 These charges are due and payable before a Policy can Parachute, Colorado 81635 be issued: SEARCH FEE $75.00 Order Number: 17890A -C4 ALTA Commitment (6/17/06) — Schedule A Title Officer: Susan Sarver Page 1 of 2 stewart title guaranty company • • SCHEDULE A LEGAL DESCRIPTION PARCEL A: Parcel 2 A parcel of land situate in the W1/2NW1/4 Section 10, Township 7 South, Range 95 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, said parcel of land being more particularly described as follows: Beginning at the North 1/16 comer between Section 9 and Section 10, a brass cap LS No. 5933 in place; thence N00°08'23"E along the Westerly line of the NW 1/4NW 1/4 of said Section 10 a distance of 1323.06 feet to the Northwest comer of Section 10, a BLM aluminum cap in place; Thence S89°19'35"E along the Northerly line of said NW1/4NW1/4 a distance of 1316.53 feet to the West 1/16 comer between Section 10 and Section 3, an aluminum cap LS No. 36572 in place; Thence S00°02'30"W along the Easterly line of said NW1/4NW1/4 a distance of 845.81 feet; Thence departing said Easterly line N89°57'30"W 451.02 feet; Thence S00°00'42"E 504.67 feet to the centerline of County Road No. 301; Thence S84°47'57"W along said centerline a distance of 122.67 feet; Thence departing said centerline NO2°57'52"E 529.86 feet; Thence N34°03'19"W 199.55 feet; Thence N57°18'23"W 201.94 feet; Thence N73°09'32"W 185.99 feet; Thence S 14°05'01"W 268.86 feet; Thence S34°10'34"E 175.90 feet; Thence S22°46'41"E 105.03 feet; Thence S00°33'26"W 304.36 feet to a point on the Southerly lien of said NW1/4NW1/4; Thence N89°26'34"W along said Southerly line a distance of 384.78 feet to the true point of beginning. SUBJECT to a Well Easement for the purpose of Access, Maintenance and Repair, said Easement being 10 feet in width, 5 feet on each side of the following described centerline: Commencing at the Southeast corner Lot 2; thence along the Southerly line of Parcel 2 N89°57'30"W 97.69 feet to the true point of beginning; thence departing said Southerly line N07°16140"E 225.95 feet; thence N13°11'12"W 138.64 feet; thence NO2°36'16"W 304.38 feet to the center point of a Well as constructed in place the point of terminus (whence the W1/6 comer between Section 10 and Section 3, an aluminum cap LS No. 36572 set in place, bears N32° 14'24"E 215.83 feet) (to include a 10 foot radius Easement from the center of said Well for the purpose of Access, Repair and Maintenance). Also Known as Parcel 2 Evans Subdivision Exemption According to the Plat recorded April 19, 1996 as Reception No. 491782 and the Evans Lot Line Adjustment Plat recorded August 15, 2008 as Reception No. 754138. PARCEL B: 5.001 acres, being the undivided Southeast end of Evans Subdivision Exemption Parcel No. 2. County of Garfield, State of Colorado Order Number: 17890A -C4 ALTA Commitment (6/17/06) — Schedule A Title Officer: Susan Sarver Page 2 of 2 stewart title guaranty company • COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 1 REQUIREMENTS Order Number: 17890A -C4 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. NONE NOTE: This product is for informational purposes only. It is not a title insurance product and does not provide any form of coverage. This product is not a guarantee or assurance and does not warrant, or otherwise insure any condition, fact or circumstance. This product does not obligate this Company to issue any policies of title insurance for any subsequent transaction based on the information provided or involving the property described herein. This Company's sole liability for any error(s) relating to this product is limited to the amount that was paid for this product. Order Number: 17890A -C4 ALTA Commitment (6/17/06) — Schedule B 1 Page 1 of 1 stewart title guaranty company • • COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 2 EXCEPTIONS Order Number: 17890A -C4 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 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 hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and any unredeemed tax sales. 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 10. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded May 2, 1911 in Book 71 at Page 474 as Reception No. 41827. 11. Location Certificate of Last Chance No. 6 Placer Mining Claim recorded October 26, 1916 in Book 104 at Page 10 as Reception No. 55225, and any and all assignments of record, or otherwise, thereof, or interests therein. 12. Matters disclosed in Warranty Deeds recorded November 19, 1943 in Book 208 at Page 504 as Reception No. 150357; recorded July 22, 1954 in Book 277 at Page 417 as Reception No. 186486; and recorded December 29, 1956 in Book 297 at Page 28 as Reception No. 196288, and for all the Order Number: 17890A -C4 ALTA Commitment (6/17/06) — Schedule B 2 Page 1 of 3 -as. to VaG t •title guaranty company 4 • above recited Deeds any and all assignments of record, or otherwise, thereof, or interests therein. 13. Easement and Right of Way for County Road 301. 14. [Intentionally deleted.] 15. [Intentionally deleted.] 16. [Intentionally deleted.] 17. [Intentionally deleted.] 18. Resolution No. 96-23 recorded April 17, 1996 in Book 974 at Page 344 as Reception No. 491643. 19. Matters disclosed on the Evans Subdivision Exemption Plat recorded April 19, 1996 as Reception No. 491782, Lot Line Adjustment Plat recorded August 15, 2008 as Reception No. 754138. 20. Resolution No. 29 recorded May 21, 1996 in Book 978 at Page 798 as Reception No. 493290. 21. Holy Cross Electric Association, Inc. Contract for Electric Service (Individuals) recorded June 3, 1996 in Book 980 at Page 347 as Reception No. 493932. 22. Holy Cross Electric Association, Inc. Right -of -Way Easement recorded June 3, 1996 in Book 980 at Page 348 as Reception No. 493933. 23. Oil and Gas Lease recorded June 13, 1997 in Book 1022 at Page 107 as Reception No. 509541,. and any and all assignments of record, or otherwise, thereof, or interests therein; Oil and Gas Lease recorded June 13, 1997 in Book 1022 at Page 110 as Reception No. 509542, and any and all assignments of record, or otherwise, thereof, or interests therein; Oil and Gas Lease recorded June 13, 1997 in Book 1022 at Page 113 as Reception No. 509543, and any and all assignments of record, or otherwise, thereof, or interests therein; and other Oil and Gas Leases of record, and any and all assignments of record, or otherwise, thereof, or interests therein. 24. [Intentionally deleted.] 25. [Intentionally deleted.] 26. Grant of Easement recorded April 10, 2008 as Reception No. 746309. 27. Affidavit RE: Boundary Line Adjustment recorded August 15, 2008 as Reception No. 754137. 28. Matters disclosed on the Evans Lot Line Adjustment Plat recorded August 15, 2008 as Reception No. 754138. 29. Water Rights and Easement Agreement, recorded September 10, 2008 as Reception No. 755457. Order Number: 17890A -C4 ALTA Commitment (6/17/06) — Schedule B 2 Page 2 of 3 stewart title guaranty company • • 30. Holy Cross Energy Right -of -Way Easement, recorded October 21, 2008 as Reception No. 757581. 31. [Intentionally deleted.] this Deed of Trust was for Parcel 1 Order Number: 17890A -C4 ALTA Commitment (6/17/06) — Schedule B 2 Page 3 of 3 Stewart title guaranty company 6 • Order Number: 17890A -C4 DISCLOSURES Note: Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. The subject real property may be located in a special taxing district; B. A certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the county treasurer's authorized agent; C. Information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners, the county clerk and recorder, or the county assessor. Note: 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 unfiled mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to C.R.S. 10-11-123, notice is hereby given: A. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B. That such mineral estate may include the right to enter and use the property without the surface owner's permission. This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. Order Number: 17890A -C4 Disclosures • • Stewart Title DISCLOSURE The title company, Stewart Title - Glenwood Springs Division in its capacity as escrow agent, has been authorized to receive funds and disburse them when all funds received are either: (a) available for immediate withdrawal as a matter of right from the financial institution in which the funds are deposited, or (b) are available for immediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn. The title company is disclosing to you that the financial institution may provide the title company with computer accounting or auditing services, or other bank services, either directly or through a separate entity which may or may not be affiliated with the title company. This separate entity may charge the financial institution reasonable and proper compensation for these services and retain any profits there from. The title company may also receive benefits from the financial institution in the form of advantageous interest rates on loans, sometimes referred to as preferred rate loan programs, relating to loans the title company has with the financial institution. The title company shall not be liable for any interest or other charges on the earnest money and shall be under no duty to invest or reinvest funds held by it at any time. In the event that the parties to this transaction have agreed to have interest on earnest money deposit transferred to a fund established for the purpose of providing affordable housing to Colorado residents, then the earnest money shall remain in an account designated for such. purpose, and the interest money shall be delivered to the title company at closing. CONDITIONS 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 and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.org. stewart ►title guaranty company 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. • • STG Privacy Notice 1 (Rev 01/26/09) 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 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 For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. For our marketing purposes— to offer our products and services to you. For joint marketing with other financial companies For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and nonfinancial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company Do we share? Can you Limit this sharing? Yes Yes No Yes No No We don't share No For our affiliates' everyday business purposes— information about your creditworthiness. For our affiliates to market to you For non -affiliates to market to you. Non -affiliates are companies not related by common ownership or control. They can be financial and nonfinancial companies. No Yes No We don't share No We don't share We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with a non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] Sharing practices How often do the Stewart Title Companies notify me about their practices? How do the Stewart Title Companies protect my personal information? How do the Stewart Title Companies collect my personal information? We must notify you about our sharing practices when you request a transaction. To protect your personal information from unauthorized access and use, we use security measures that comply with federal and state law. These measures include computer, file, and building safeguards. We collect your personal information, for example, when you • request insurance -related services • provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. Although federal and state law give you the right to limit sharing (e.g., opt out) in } certain instances, we do not share your personal information in those instances. What sharing can I limit? 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 Order Number: 17890A -C4 EDWARD MULHALL, JR. SCOTT BALCOMB LAWRENCE R. GREEN TIMOTHY A. THULSON DAVID C. HALLFORD CHRISTOPHER L. COYLE THOMAS J. HARTERT CHRISTOPHER L. GEIGER SARA M. DUNN DANIEL C. WENNOGLE SCOTT GROSSCUP CHAD J. LEE • BALCOMB & GREEN, P.C. ATTORNEYS AT LAW P. 0. DRAWER 790 818 COLORADO AVENUE GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: 970.945.6546 FACSIMILE: 9 70.94 5.8902 www.balcombgreen.com June 24, 2010 Via Email and U.S. Mail Mr. Tom Veljic, Senior Planner Garfield County Building and Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 tveljic@garfield-county.com Re: Evans Subdivision Exemption Dear Tom: KENNETH BALCOMB (I 920-2005) OF COUNSEL: JOHN A. THLJLSON Thank you for your letter dated May 27, 2010 requesting additional materials to finalize the minor subdivision exemption application submitted by Jack Evans. This letter discusses several of those concerns. We would also like to request a meeting with you and perhaps Fred to discuss many of our concerns. Please let us know when you are available. A. Life Estate 11 .] t life estate thc It w'ui11u be inappropriate to depict the u>_c on �_.., plat. It is not a legally subdivided parcel and is not a permanent interest in land. Like a lease, a life estate is not a full ownership (or a "fee" interest) in land. It is merely the right to possession of the land for the duration of a certain person's life. Once the person dies the possessory estate automatically transfers to the holder of the reversionary interest. If the life estate were depicted on the plat, there would be no way to update the plat upon the transfer of the life estate. Since a plat is intended to place third parties and future buyers on record notice of the legal boundaries and encumbrances affecting a parcel of land, we believe it would be inappropriate to depict the boundaries of the life estate on the plat. During our meeting, we can discuss whether a limited plat note would be appropriate. B. Remainder Parcel Water Supply: The adequacy of the well on the remainder parcel has already been examined and approved by the County by the 1996 Resolution. The Application requests no additional water usage for this parcel, and is merely the result of a lot split required by the Court as part of a divorce • BALCOMB & GREEN, P.C. ATTORNEYS AT LAW Mr. Tom Veljic, Senior Planner Garfield County Building and Planning June 24, 2010 Page 2 decree. Please see footnote 2 in the narrative for additional legal authority that no finding of adequacy is required. We can discuss this further at the meeting. C. New Parcel Well Permit Mr. Evans obtained a monitoring well to drill and perform the requisite testing of the well. Because there has been no legal subdivision creating Parcel 2A yet, a monitoring permit is the only permit the Division of Water Resources will issue. As we stated in our narrative, the Applicant will obtain a domestic well permit once the subdivision is completed. Applicant will agree to a condition of approval that it obtain a domestic well permit within 90 days of the approval. Please consult with Dwight Whitehead at the Division of Water Resources (945-5665 # 5011) to confirm this procedure. D. Mineral Owners on Plat Identification of mineral owners on a plat is also inappropriate; a mere disclaimer will suffice to place third parties on notice of the potential of a split estate. A plat is intended to endure as a reference document for a legal description of the surface estate. In order to perform this purpose, it must identify legal parcels of real property, rather than the owners of those legal parcels. Otherwise, it would be a mere snapshot in time of ownership. Since real property is transferable, the owner of that parcel is of no significance. Plats for surface estates do not identify the owner, but rather depict the legal parcels themselves so that the owner can refer to the plan upon conveyance of the parcel. For purposes of notification of mineral owners for land use purposes, a surface owner is entitled to rely upon the assessor's records. However, based on our conversations with the assessor in this matter, the assessor's office was unable to locate any mineral owners with specificity in this area. Therefore, our notification included all potential mineral owners near the property. Further, reliance on these records to place a permanent notation on this plat would be inappropriate. It may, for example, provide third parties with a colorable claim to the mineral estate of the property they might not otherwise be entitled to. This would be unduly burdensome. The only way to determine the identity of the current mineral owners is to conduct a mineral title opinion, which would cost well over $20,000. Legally, the county has no ability to regulate the "subdivision" of the mineral estate. Since this subdivision exemption only affects the surface estate, it would be inequitable to burden the surface owner with the task of • • BALCOMB & GREEN, P.C. ATTORNEYS AT LAW Mr. Tom Veljic, Senior Planner Garfield County Building and Planning June 24, 2010 Page 3 identifying the mineral owners. In most cases in Garfield County, a mineral title opinion costs well over $20,000. A simple disclaimer on the plat that third parties may own interests in the subsurface estate would suffice to place third parties on notice that the minerals may have been severed. This is similar to the disclaimer required by the Colorado Standard Real Estate Form for a purchase contract. We suggest merely adding this disclaimer to the plat. E. Depiction of Encumbrances Listed on Schedule B Not all of the easements referenced in Schedule B are capable of depiction. Below is an item - by -item response to your requests. 1. Exception 10 — Patent Reservation Exception 10 is the general reservation for ditches and canals contained in U.S. Patents issued under the Act of Congress of April 24, 1820. This reservation reserves a right of way for future ditches or canals constructed under federal authority. No federal ditches have been constructed on the property. Therefore, there is nothing to depict on the plat. 2. Exception 11— Location Certificate for Placer Claim This document is actually an Oil Location Certificate filed in 1916. It encumbers the entire NW Y4 of Section 10 and reserves "petroleum and other mineral oils." Because it is undefined and is merely a mineral reservation, this location is incapable of being depicted on the plat. We may be willing to note these claims in a plat note, but this claim is likely invalid. 3. Exception 12 — Matters disclosed in Warranty Deeds These reservations are not capable of depiction on a plat. The Warranty Deed recorded as Reception Number 150357 contains a general mineral reservation. The Warranty Deed recorded as Reception Number 186486 contains a general reservation for ditches as constructed in 1955 and a general mineral reservation. The Warranty Deed recorded as Reception Number 196288 contains a general mineral reservation and a natural easement for the continued flow of a spring down its natural course. Since natural drainages have been depicted on the plat, there is no further modification necessary to the plat. • • BALCOMB & GREEN, P.C. ATTORNEYS AT LAW Mr. Tom Veljic, Senior Planner Garfield County Building and Planning 4. Exception 13 — County Road 301 County Road 301 was depicted on the plat. 5. Exception 14 —17 June 24, 2010 Page 4 Exception 14 is an easement agreement granted in 1995. Exception 16 assigns all interest in this easement to Evans. Exception 17 assigns Evans' interest to a third party. Exception 14 was expressly terminated, relinquished, and vacated by that third party in Exception 24, Reception No. 621022. Therefore, Exceptions 14, 16, and 17 no longer apply to the property. Exception 15 is an orphan document which may have also been released by Exception 24. 6. Exception 22 — Holy Cross Electric Right of Way We will work with the title company to determine the disposition of this easement. 7. Exception 23 — Oil and Gas Leases Oil and gas leases, though exceptions to title, are inappropriate to depict on any plat. First, oil and gas leases are rarely defined with any relevance within a parcel of property and therefore cannot be depicted. Second, it is not a fee simple interest in property, but rather a possessory interest in a portion of the property which is subordinate to the fee interest holder (or mineral interest holder). Therefore, it should neither be depicted nor noted on the plat. A simple disclaimer that there may be alternative mineral interest owners should satisfy this concern. 8. Exception 29 — Ditch Easement This easement appears on the draft plat we submitted extending from the West boundary of Parcel 1, and labeled as Reception No. 755457. F. Volume of Fire Tank Applicant concedes that the fire district requirements will apply. However, no additional information is requested by the County. Please let us know if you need more information prior to a finding that the application is technically complete. • • BALCOMB & GREEN, P.C. ATTORNEYS AT LAW Mr. Tom Veljic, Senior Planner Garfield County Building and Planning G. Vicinity Map June 24, 2010 Page 5 Applicant provided a vicinity map as part of the draft plat, but will separate the two documents in its supplemental submission. The surveyors are currently working on this task. H. Exemption Plat Map Your letter also seemed to cut and paste every requirement for the exemption plat map, even though most were included on the draft plat or were clearly not required. For example, none of the property owners are corporations, therefore (c) is inapplicable. Please provide us with a specific list of items you believe to be missing. We will also include the standard plat certificates forwarded by your office. I. Standard Plat Notes We will include the "standard" plat notes on the plat. However, we do not believe it is appropriate for the county to base a finding of incompleteness on an unpublished policy. J. Plat Notes From 1996 Exemption Your letter also suggests that the plat notes in Resolution 96-23 "may" be necessary. Please let us know which ones you believe are necessary. We look forward to meeting with you soon to discuss these concerns. Very truly yours, BALCOMB & GREEN, P.C. By: cc: Mr. Jack T. Evans, Jr. Sara M. D Chad J. Lee • • • Section 7-104 Sufficient Legal and Physical Source of Water (recently amended with Resolution 2010-29) does apply to both the existing well and any proposed new well. Please provide well permits and well testing data for both wells. j • The new well permit appears to be a monitoring well and not suitable for domestic use and there is no indication that this well will be converted for domestic use. • Schedule B notes numerous easements not shown on the plat. Please provide easement information for easements listed in Schedule B - Nos. 10-17, 22, 23, and 29 and show the easements on the plat where appropriate. Y� • The narrative states 2000 gallon storage will be used for fire protection but a recommendation in the pump test suggests 2500 gallon tank. The fire district requirements will apply. /Vicinity Map • Please provide a Vicinity Map as detailed in Section 5-502 (C) (2), Vicinity Map as a separate document. Please remove the Vicinity Map from the Exemption Plat. Exemption Plat Map (Section 5-502 Description of Submittal Requirements) Portions of the following required data is missing from the face of the exemption plat. Va. Current certificate from a title insurance company or an attorney licensed to practice law in the State of Colorado setting forth the names of all owners of property included within the proposed exemption and a list of all mortgages, judgments, liens, easements, contracts and agreements of record which shall affect the property within the proposed subdivision exemption. b. Names and addresses of mineral estate owners of record of the property proposed for ;exemption from subdivision. c. Evidence of registration or incorporation in the State of Colorado for corporate property owners or corporate applicant. Legal description of the subject site. If an exemption is sought on a property where a single-family dwelling exists which is presentlyserved by water, wastewater, and access, the required legal description as described in 5-502(C)(7)(e) may only apply to the new lots created by the Exemption process (Resolution 2010-29). ✓ e. Boundary lines, corner pins, and dimensions of the subject site for the proposed land use change permit, including land survey data to identify the subject site with section corners, distance and bearing to corners, quarter corners, township and range (Resolution 2010-29). ✓ f. Adjacent subdivided, unsubdivided and public lands, and the names and addresses of property owner(s) and mineral estate owners of record within 200' of the proposed subdivision exemption. v' g. Uses and grantees of all existing and proposed easements and rights-of-way on or adjacent to the parcel, shown by location and dimension. ✓ h. Location and dimension of easements for protected significant on-site features. ,,i i. Location and layout of lots lettered or numbered consecutively, with each identified as an "Exemption Lot"; the dimensions and acreage of each lot; a metes and bounds legal description of each Exemption Lot j. Location and dimension of roadways, driveways, sidewalks, paths and trails, and parking areas. i 1. Location of utilities. m. Significant on-site features including: natural and artificial drainage ways, wetland areas, ditches, hydrologic features and aquatic habitat; geologic features and hazards including slopes, alluvial fans, areas of subsidence, rock outcrops and rockfall areas, radiological and seismic hazard areas, soil types and landslide areas; vegetative cover; dams, reservoirs, excavations, and • • mines; and any other on-site and off-site features that influence the developmer. n. Location of sewage treatment and disposal facilities. The plat shall b( description of sewage treatment disposal system or facilities, and proof t. adequate to serve each of the Exemption Lots and meet(s) the standards for ser, disposal systems set forth in Article VII, Standards. p. Location of Water Storage Facility(ies), Dry Hydrants, etc. if required. The Plat shall be accompanied by proof of adequate fire protection for each of the Exemption Lots, meeting the requirements of the applicable fire protection district. q. The Exemption Plat shall be accompanied by the following Supplemental Information: (1) A copy of a current certificate .from a title insurance company or an attorney licensed to practice law in the State of Colorado attesting to the accuracy and validity of the title to the property being platted and stating that the applicant is the land owner or is duly authorized by the land owner(s). The certificate shall be submitted within seven calendar days of the application submittal date. (b) All other exceptions from title shall be delineated. r. The exemption plat shall contain executed certificates, notices, and statements on a single sheet in a standard form. Please use the standard plat certificates sent (with a pdf copy of this letter) to you electronically. • Please remove the "Exemption Certificate" from the plat. ® Please use the following standard plat notes; A. CONTROL OF NOXIOUS WEEDS IS THE RESPONSIBILITY OF THE PROPERTY OWNER IN COMPLIANCE WITH THE COLORADO NOXIOUS WEED ACT AND THE GARFIELD COUNTY WEED MANAGEMENT PLAN. B. NO OPEN HEARTH SOLID -FUEL FIREPLACES WILL BE ALLOWED ANYWHERE WITHIN AN EXEMPTION. ONE (I) 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 UNRESTRIC FED NUMBER OF NATURAL GAS BURNING STOVES AND APPLIANCES. C. ALL EXTERIOR LIGHTING SHALL BE THE MINIMUM AMOUNT NECESSARY AND THAT ALL EXTERIOR LIGHTING SHALL BE DIRECTED INWARD AND DOWNWARD, TOWARDS THE IN I ERIOR OF THE SUBDIVISION, EXCEPT THAT PROVISIONS MAY BE MADE TO ALLOW FOR SAFETY LIGHTING THAT GOES BEYOND THE PROPERTY BOUNDARIES. D. COLORADO IS A "RIGHT -TO -FARM" STATE PURSUANT TO C.R.S. 35-3-11, ET SEQ. LANDOWNERS, RESIDENTS AND VISITORS MUST BE PREPARED TO ACCEPT THE ACTIVITIES, SIGHTS, SOUNDS AND SMELLS OF GARFIELD COUNTY'S AGRICULTURAL OPERATIONS AS A NORMAL AND NECESSARY ASPECT OF LIVING IN A COUNTY WITH A STRONG RURAL CHARACTER AND A HEALTHY RANCHING SECTOR. THOSE WITH AN URBAN SENSITIVITY MAY PERCEIVE SUCH ACTIVITIES, SIGHTS, SOUNDS, SMELLS ONLY AS INCONVENIENCE, EYESORE, NOISE AND ODOR. HOWEVER, STATE LAW AND COUNTY POLICY PROVIDE THAT RANCHING, FARMING AND OTHER AGRICULTURAL ACTIVITIES AND OPERATIONS WITHIN GARFIELD COUNTY SHALL NOT BE CONSIDERED TO BE NUISANCES SO LONG AS OPERATED IN CONFORMANCE WITH THE LAW AND IN A NON LO v • • NEGLIGENT MANNER. THEREFORE, ALL MUST BE PREPARED TO ENCOUNTER NOISES, ODOR, LIGHTS, MUD, DUST, SMOKE, CHEMICALS, MACHINERY ON PUBLIC ROADS, LIVESTOCK ON PUBLIC ROADS, STORAGE AND DISPOSAL OF MANURE, AND THE APPLICATION BY SPRAYING OR OTHERWISE OF CHEMICAL FERTILIZERS, SOIL AMENDMENTS, HERBICIDES, AND PESTICIDES, ANY ONE OR MORE OF WHICH MY NATURALLY OCCUR AS PART OF A LEGAL AND NON -NEGLIGENT AGRICULTURAL OPERATIONS. E. 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 AND ACT AS GOOD NEIGHBORS AND CITIZENS OF THE COUNTY. A GOOD INTRODUCTORY SOURCE FOR SUCH INFORMATION IS "A GUIDE TO RURAL LIVING & SMALL SCALE AGRICULTURE" PUT OUT BY THE COLORADO STATE UNIVERSITY EXTENSION OFFICE IN GARFIELD COUNTY. F. NO FUTURE DIVISION WILL BE ALLOWED VIA SUBDIVISION EXEMPTION. • The plat notes from the previous exemption plat may still apply. (See Resolution 96-23 condition #7) • Please remove the "Second Plat" from the title block. Sincerely, Thomas Veljic, AICP Senior Planner 970-945-8212 NOTE: The Unified Land Use Resolution of 2008 (ULUR) requires the Director to make a Determination of Completeness for Land Use Change Applications within thirty (30) working days of receipt of the application materials (10 working days for Administrative Review Permits). If an application is not complete, the Director shall inform the applicant of the deficiencies in writing and shall take no further action on the application until the deficiencies are remedied. If the applicant fails to correct the deficiencies within sixty (60) calendar days, the application shall be considered withdrawn. 1 May 27, 2010 • • Chad Lee, Esquire Balcomb & Green, P.C. P.O. Drawer 790 Glenwood Springs, CO 2 RE: MIEA 643 — Evans Minor Ex mption Plat Dear Mr. Lee: Garfield County BUILDING & PLANNING DEPARTMENT I am writing this letter regarding the application for the Minor Exemption Plat of Jack T Evans and Billie G. Birchfield. I've reviewed the submittal documents, received on May 18, 2010 and May 21, 2010, and at this time, the application does not include all required information per Garfield County Regulations. The application is therefore deemed Technically Incomplete and the Planning Department will not process this application any further until the following information, listed below, has been provided to the satisfaction of this office. Please address the following items and submit three copies of the modified/missing information to this office so that we may continue the review of this application. The Unified Land Use Resolution (ULUR) of 2008 requires the following application materials for a Minor Exemption which is also detailed in the application form(s): Section 5-501 Application Materials for Divisions of Land. Following are the application materials required for permits and approvals required by the Land Use Code for divisions of land, including exemptions requiring platting. A detailed description of each submittal requirement is set forth in Section 5-502, Description ofSubmittal Requirements. A. Minor, Major and Road -Split Exemptions. These types of exemptions are defined in Section 5-202(A), (B) and (C). The review processes for these requests for exemption from subdivision review are set forth in Sections 5-401 through 5-403 and require the following materials. 1. Application Form and Fees 2. Vicinity Map 4-502(C) (2) 3. Appropriate Exemption Plat 4. Written Narrative explaining reason for request for exemption from subdivision review Application ✓ • Title Commitment, Schedule A shows additional owners with required signature blocks not shown on the exemption plat map. The life estate must be disclosed on the face of the exemption plat. 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 • RECEIPT/INVOICE Garfield County 108 8th Street Suite 401 Glenwood Springs, CO 81601 - Phone: (970)945-8212 Fax: (970)384-3470 Applicant JAck Evans po obx 695 Parachute, CO 81635 Return to: Invoice Number: INV -5-10-20234 Invoice Date: 5/18/10 Plan Case: Subdivision Minor Exemption Application, MIEA-5-10-6430 Garfield County 108 8th Street Suite 401 Glenwood Springs, CO 81601 - Memo: Fee Name Fee Type Fee Amount Minor Exemption Application Fe, Date Pay Type Fixed $300.00 Total Fees Due: $300.00 Check Number Amount Paid Change 05/18/2010 Check 45286 $300.00 $0.00 Total Paid: $300.00 Total Due: $0.00 Tuesday, May 18, 2010 BALCOMB & GREEN, P.C. P. (970) 45 654 .945-6546 G LEN W OO D SPRINGS, CO 81602 45286 Alpine Bank 220) 945. Springs, co Box 1 2200 Grand Ave. • P.o. Box 10000 82-340/1021 . b. (970) 945-2424. Alpine Info-Llne (970) 945.4433 + THREE HUNDRED DOLLARS ONLY CHECK NO. DATE AMOUNT PAY Garfield County Building & Planning Department r 5/18/2010 $300.00** TO THE ORDER OF MI Eli- 6,-1-() , 61."(.____` -l -R____ _ 11'0004 5 28611' 1:10 2 10 340 71: 1010027 3611' Tuesday, May 18, 2010