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HomeMy WebLinkAbout1.0 ApplicationKERST & ASSOCIATES, P.C. ATTORNEYS A PROFESSIONAL CORPORATION ATTORNEYS AT LAW DAN KERST dan@kerstlaw.com WILLIAM J. LYNE* bill@kerstlaw.com KELLY CAVE kelly@kerstlaw.com "Also admitted in Wisconsin Kathy Eastley, AICP Garfield County Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 823 BLAKE AVENUE, SUITE 202 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-2447 FACSIMILE: (970) 945-2440 July 11, 2011 Re: Dutch Major Subdivision Exemption Application File #: 13819 Dear Kathy: PARALEGAL ELISABETH GETZEN egetzen@kerstlaw.com Via Hand Delivery Our firm represents Chuck Bagley and George Bagley who own fifty-two (52) acres of property located in Section 5, Township 6 South, Range 92 West of the 6th Principal Meridian (Parcel No. 2179-051-00-040). Chuck and George wish to divide the parcel into four (4) lots under the Dutch Major Exemption. If the exemption is approved, each brother shall own two (2) lots (George will own 1 and 2, and Chuck will own 3 and 4). In compliance with Garfield County's submittal requirements, the applicant provides the following information for your review: 1. A completed and signed Application form, $400 planning review fee, a signed Agreement for Payment form, Colorado Geologic Survey Submittal Form and $950 CGS review fee. 2. The 2010 deed showing ownership by the applicants and a 1971 deed showing prior history. These deeds relate the property back to 1971 assuring that the parcel qualifies for the exemption process. 3. Assessor's map and list of the names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, including mineral owners as reflected on the title commitment and in the attached mineral deed. 4. A current title commitment listing exceptions to title. 5. A vicinity map. 6. A copy of the Pre -Application Conference form. October 13, 2011 Page 2 7. A preliminary Dutch Major Exemption Plat from Bookcliff Survey Services, Inc. showing the legal description of the property and the proposed lots. Access is gained from County Road 233 and County Road 229. One lot requires an access easement as depicted on the southern boundary of Lot 4 for the benefit of Lot 3. 8. Natural Resources Conservation Service Soil Map. 9. Criteria for Major Exemptions: a. Adequtate Water Supply. Attached is a copy of Well Permit No. 75024-F (for Lot 3, not yet drilled), and information on Well Nos. 1172 (for Lots 1 and 4), 30778 and 47466 (for Lot 2). Additionally, the applicants own 22 shares of Farmer's Irrigation Company water (certificate #2023); 24 acre feet of Silt Project water (see attached email from Pearl Knight dated June 29, 2011); and West Divide Water Conservancy District contract #110421 CB(a). The attached information demonstrates a legal and physical source of water for the division of land. If the exemption is approved, the applicant will execute a well sharing agreement substantially similar to the draft Well Sharing Agreement attached. The applicant will hire a water engineering firm to provide pump tests for the wells upon approval of this exemption and as a condition of approval to the filing of the final plat. The property is located within the boundaries of the Burning Mountain Fire Protection District. b. Adequate Water Distribution and Wastewater Disposal System. Sewage disposal shall be provided from individual sewage disposal systems, one for each lot. Two proposed lots already have septic tanks and leach fields. If the exemption is approved, the applicant intends to use similar systems on the new parcels. c. Adequate Access. Access is gained from County Roads 233 and 229. The easement depicted on the plat will provide access to County Road 229 for Lot 3 across the southern boundary of Lot 4. d. Hazards. The proposed exemption will not create any hazards or exacerbate any existing hazards. Attached are the following maps from Garfield County: the Soil Hazard Profile, the Slope Hazard Profile, and the Flood Plain, Vicinity Town of Silt. The property is not located within the 100 year flood plain nor does it have soil or slope hazards. e. Compliance with Comprehensive Plan and Intergovernmental Agreements. The proposed exemption is consistent with applicable provisions of the Garfield County Comprehensive Plan and any intergovernmental agreements between the County and a municipality in the area of the property. The property is located within Silt's comprehensive planning area. Attached is a copy of Silt's future land use plan showing the property property in the walkable residential and a small portion of the mixed use/neighborhood center land use areas. I contacted Janet Aluise in Silt's building and planning department. She stated that the small portion of the October 13, 2011 Page 3 property located in the mixed use/neighborhood center would likely be removed at the next planning and zoning meeting. Also attached is the land land use description chart. The proposed division complies with Silt's comprehensive plan. The property is located within Silt's Tier Three as depicted on the attached Growth and Community Character Map. £ Exemption Map Requirements. The attached exemption map is suitable for recording with the requirements of the County's regulations; meets all planning, engineering and surveying requirements of the County's regulations; and does not include a lien or encumbrance to the property. g. All taxes applicable to the land have been paid. Please contact me if you have any questions in regards to the application or need any additional information. Yours very truly, KELLY CAVE xc: Chuck Bagley (w/o enclosures) George Bagley (w/o enclosures) GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsim ile: 970.384.3470 www.garfield-county.com ❑ MINOR [2 LOT] EXEMPTION E3 MAJOR [4 LOT] EXEMPTION ❑ FINAL EXEMPTION PLAT AMENDMENT GENERAL INFORMATION (Please print legibly) ➢ Name of Property Owner: Charles A. Bagley and George E. Bagley ➢ Mailing Address: 6044 CR 233 ➢ City: silt ➢ E-mail address: n/a Telephone: ( ) n/a State: co Zip Code: 81652 Cell: ( 208) 989-69/9 (chuck) FAX: ( ) n/a ➢ Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc): ➢ Kelly Cave, Esq. ➢ Mailing Address: 823 Blake Ave. #202 Telephone: ( ) 945-2447 ➢ City: Glenwood Springs State: CO Zip Code: 81601 Cell: ( ) kelly@kerstlaw.com 945-2440 ➢ E-mail address: y FAX: ( ) ➢ Street Address / General Location of Property: 1211 CR 229, Silt CO 81652 ➢ Assessor's Parcel Number: 2 1 7 9- o s 1- 0 0- 010 ➢ Size of Property (in acres) as of January 1, 1973: 52 ➢ Current Size of Property to be Subdivided (in acres): 52 ➢ Number of Tracts / Lots Created Including remainder of Parent Property: 4 ➢ Proposed size of Tracts / Lots to be Created Including remainder of Parent Property: o Lot #: 1 containing 20.489 acres o Lot #: 2 containing 6.624 acres o Lot #: 3 containing 12.723 acres o Lot #: 4 containing 13.983 acres o Lot #: containing acres ➢ Property's Zone District: Urban Growth Area (2030 FLUM) Last Revised 12/12/08 I. TO QUALIFY FOR A MINOR 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 5-407, General County Exemption Criteria, and shall require recording of a Minor Exemption Plat, describing each Exemption Lot by a metes and bounds legal description and as a numbered or lettered "Exemption Lot". II. TO QUALIFY FOR A MAJOR EXEMPTION Division of land by which no more than four (4) parcels, i.e. the remainder parcel and not more than three (3) new parcels will be split from a parcel of land that was described in the records of the Garfield County Clerk and Recorder's Office as of January 1, 1973 as a parcel of land 35 acres or more in size and not part of a recorded subdivision. In addition to the general exemption criteria, contained in Section 5-407, the proposed Major Exemption shall require recording of a Major Exemption Plat, describing each Exemption Lot by a metes and bounds legal description and as a numbered or lettered "Exemption Lot". For purposes of the definition of Minor and Major Exemptions: 1) All tracts of land thirty five (35) acres or greater in size created after January 1, 1973 pursuant to C.R.S. 30-28-101(10)(b), i.e. divisions of land creating parcels each of which comprises thirty-five (35) acres or more and none of which is intended for use by multiple owners, shall be considered parcels of land created by exemption for purposes of further division in accordance with the exemption review processes outlined in Division 4 and, thus, shall be counted as one of the not more than four (4) Exemption Lots allowed to be split by the Major or Minor Exemption process; unless; 2) If the parcel of land under consideration, or part thereof, is split by a public right- of-way or a County road right-of-way included in the County highway system, and the location of the public or County right-of-way prevents joint use of one or more of the proposed Exemption Lots, then the division of land may include a split into no more than five (5) parcels, i.e. no more than four (4) new parcels and the remainder parcel in a Major Exemption and no more than three (3) parcels, i.e. no more than two (2) new parcels and the remainder parcel, in a Minor Exemption. III. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, an application for a Major Exemption shall specifically provide the following items below pursuant to Article V, Sections 5-406 and 5-501. 1. Submit a completed and signed Application Form, an application fee, and a signed Agreement for Payment form. 2. A narrative addressing criteria in this application and explaining the purpose of the application. 3. Copy of the deed showing ownership. Additionally, submit a letter from the property owner(s) if the owner is being represented by another party other than the owner. If the property is owned by a corporate entity (such as an LLC, LLLP, etc.) Please submit a copy of recorded "Statement of Authority" demonstrating that the person signing the application has the authority to act in that capacity for the entity. 4. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing the subject property and all public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, private and public, and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the County Assessor's Office. You will also need the names (if applicable) of all mineral interest owners of the subject property, identified in the County Clerk and Recorder's records in accordance with §24-65.5-101, et seq. (That information may be found in your title policy under Exceptions to Title). 5. Vicinity map: An 8 1/2 x 11 vicinity map locating the parcel in the County. The vicinity map shall clearly show the boundaries of the subject property and all property within a 3 -mile radius of the subject property. The map shall be at a minimum scale of 1"=2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area for which a copy of U.S.G.S. quadrangle map may be used. 6. A copy of the Pre -Application Conference form from the original Pre - Application Conference. 7. Provide a Minor / Major Exemption Plat that is scaled at 1 inch to 200 feet for properties exceeding 160 acres in size, or 1 inch to 100 feet for properties less than 160 acres in size. The Director may require a more detailed version of all or part of the exemption map or plat. The required details for an Exemption Map or Plat can be found in Section 5-502(C)(7) of the ULUR. 8. All requests for Minor and Major Exemptions shall be required to demonstrate that they can meet the following criteria: a) Adequate Water Supply. The resulting Exemption Lots have a sufficient legal and physical source of water, in compliance with the requirements of this Land Use Code set forth in Section 7-104 of Article VII, Standards. b) Adequate Water Distribution and Wastewater Disposal System. The resulting Exemption Lots have an adequate water distribution system and wastewater disposal system in compliance the requirements of this Land Use Code set forth in Section 7-105 of Article VII, Standards. c) Adequate Access. The resulting Exemption Lots have legal and adequate access in compliance with the requirements of this Land Use Code set forth in Section 7-107 of Article VII, Standards. d) Hazards. The resulting Exemption Lots do not create hazards identified in Section 7-209 and Section 7-210 of Article VII, or exacerbate existing hazards. e) Compliance with Comprehensive Plan and Intergovernmental Agreements. The proposed exemption is consistent with applicable provisions of the Garfield County Comprehensive Plan and any intergovernmental agreements between the County and a municipality that apply to the area where the division of land will occur. f) Exemption Map Requirements. See the specific requirements for Exemption Plats at Section 5-502 B6 and B7. The following general criteria also apply: 1. Suitability of Plat for Recordation. The exemption map or plat is drawn in accordance with the requirements of these Regulations and is suitable for recordation. 2. Adequacy of Supporting Materials. The exemption plat meets all planning, engineering, and surveying requirements of these Regulations for maps, data, surveys, analyses, studies, reports, plans, designs, documents, and other supporting materials. 3. Liens and Encumbrances. The exemption plat does not include a lien, conveyance, or encumbrance to the property dividing a lot or encumbering the public use of public dedications for roadways public utility easements or other purposes. g) Taxes. All taxes applicable to the land have been paid. 9. Submit 3 copies of this completed application and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the application has been deemed technically complete. IV. PROCEDURAL REQUIREMENTS Minor and Major Exemptions are reviewed in an Administrative Process. The following steps outline how the Major Exemption review process works in Garfield County as further defined in Article IV, Section 4-104 of the Unified Land Use Resolution of 2008. 1. Pre -Application Conference. A pre -application conference shall be held in accordance with the provisions of Section 4-103 A, Pre -Application Conference. 2. Application. The application materials required for a land use change subject to Administrative Review are set forth in Section 4-601 A. 3. Determination of Completeness. The Director shall review the application for determination of completeness in accordance with the provisions of Section 4- 103 C, Determination of Completeness. 4. Evaluation by Director/Staff Review. Upon determination of completeness, the Director shall review the application for compliance with the applicable requirements. A staff report shall be prepared pursuant to Section 4-103 E. a) Review by Referral Agencies. The Director's evaluation of the application may include comment by referral agencies received under Section 4-103 D, Review by Referral Agency. b) Notice to Adjacent Property Owners. The applicant shall mail a written notice by certified mail, return receipt requested, to the owners of record of all property adjacent to the property within a 200' radius and the mineral owners of record in the office of the County Clerk and Recorder.. The notice shall include a vicinity map, the property's legal description, a short narrative describing the current zoning and proposed land use change, and the contact information and the date that the Director has to make a decision and notice of the 10 day period after the Director's decision to appeal the decision and the deadline for comments to be submitted. The comment period for adjacent property owners shall be within twenty-one (21) calendar days from the date of receipt of the notice established by return receipt. 5. Director Decision. Within thirty (30) working days of the date of determination of completeness, or dose of the comment period if the application is referred for comment, the Director may approve, approve with conditions or deny the land use change application subject to Administrative Review. The Director's decision shall be based upon compliance of the proposed use with the approval standards set forth in Divisions 1 and 2 of Article VII, Standards. a) Approval of Application. If the application satisfies all of the applicable standards, the application shall be approved. The application may be approved with conditions determined necessary for compliance with applicable standards. Once it has been approved, the applicant shall prepare the necessary legal documents to be placed on the consent agenda for the signature of the Chairman of the Board of County Commissioners and shall be duly recorded by the Clerk and Recorder after signature. b) Denial of Application. If the application fails to satisfy all of the applicable standards, the application shall be denied. 6. Written Notice of Decision. The Director shall inform the applicant and noticed property owners of the approval, conditions of approval or basis for denial in writing within five (5) working days of the date of decision. Notice of the Director's decision shall also be provided to the Board of County Commissioners. V. AMENDMENTS TO APPROVED EXEMPTIONS An amendment may be made to a recorded Final Exemption PIat if such amendment does not increase the number of subdivision lots or result in a major relocation of a road or add one or more new roads (pursuant to Section 5-306\. A correction can be made to a recorded Exemption Plat in order to correct an engineering error, mislabeling issue, etc. that does not affect the substance of the plat. A. Outline of Processes. The review processes for amending an Exemption Plat shall consist of the following: 1. Four (4) Lots or Less: The Administrative Review prnCeSS, detailed in Section 4- 104 of Article IV, shall be used for review of a request to amend an Exemption Plat for modifying lot |iO8S, building envelopes, easement locations or other interests affecting up to four (4) lots. An Amended Exemption Plat which modifies lot lines or easements affecting not more than two (2) adjacent Exemption Lots or a single building envelope shall be subject to the Administrative Review Process set forth in Section 4-104 of Article IV, with the addition of presentation of the Amended Exemption Plat to the Board of County Commissioners for sign@turR, prior to recording with the Office of the Clerk and Recorder. 2. More Than Four (4) Lots: The Major Exemption Review P[oceSs, detailed in Section 5-403. shall be used to amend an Exemption Plat modifying lot lines, building envelopes, easement locations or other nterests affecting more than four (4) Exemption Lots. An Amended Final Exemption Plat which modifies lot lines or easements affecting more than four (4) lots or more than one (1) building envelope shall be subject to the Major Exemption Review Process set forth in Section 5-403. 6 B. Application Materials: The Final Exemption Plat Amendment / Corrected Plat review requires the following application materials as more fully described in Article V, Section 5-502: 1. Application Form and Fee 2. Preliminary Plan (5-501(G)) 3. Final Exemption Plat, Amended Final Exemption Plat 4. Subdivision Improvement Agreement, if necessary I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. (Signature of Property Owner) Charles A. Bagley .42Aii.orde; ke:Atar' / gnatur: of Proper y • George E. Bagley 7 Date Date B. Application Materials: The Final Exemption Plat Amendment / Corrected Plat review requires the following application materials as more fully described in Article V, Section 5-502: 1. Application Form and Fee 2. Preliminary Plan (5-501(G)) 3. Final Exemption Plat, Amended Final Exemption Plat 4. Subdivision Improvement Agreement, if necessary I have read the statements above and have provided the required attached information which is correct and accurate to the b- t of my knowledge. Date gnature of Property Owner) Charles A. Bagley (Signature of Property Owner) Date George E. Bagley 7 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield CoUDh/, pursuant to Board of County Commissioners("Boa("Board")�O��) Resolution No. 88-09. has --' established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an 8pp|i-GOt should pay for the total cost of the review which may require additional bi||ig� Hourly F�b�Gb�S�doD�h8hO�r��S8 n|@rV. and fringe benefits costs of the respecti8 pO�iUOnScombined with 8n hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual Staff hours accrued. Any billing shall be �id in fuJi prior to final consideration of any land use permit, zoning amendment or subdivision If an appiicant has previously failed to pay appiication fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, [DVStbeSubnliƒtedvvith each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are -' non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include a Payment Agreement Form ("Agreement") set forth below. The Agreement�St2�|iS�8S the applicant - as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County 3t@fftiDle or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the appiication tendered to the County. GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES TYPE OF LAND USE ACTION BASE FEE Vacating Public Roads & Rights -of -Way $400 Sketch Plan $325 $675 + application agency review fees and outside consultant review fees, as Preliminary Plan / Conservation Subdivision authorized pursuant to the Regulations, such as the Colorado Geologic Survey Preliminary Plan Amendment $325 Final Plat $200 Final Plat Amendment / Correction Plat $100 Combined Preliminary Plan and Final Plat $1,075 Minor Exemption / Amendment $300 / $300 Major Exemption / Amendment $400 / $300 Rural Land Development Option Exemption / Amendment $400 / $300 General Administrative Permit $250 Floodplain Development Permit $400 Pipeline Development Plan / Amendment $400 / $300 Small Temporary Employee Housing $50 Minor Temporary Employee Housing $250 Limited Impact Review / Amendment $400 / $300 Major Impact Review / Amendment $525 / $400 Rezoning: Text Amendment $300 Rezoning: Zone District Amendment $450 Planned Unit Development (PUD) / Amendment $500 / $300 Comprehensive Plan Amendment $450 Variance $250 Interpretation $250 Takings Determination NO FEE Planning Staff Hourly Rate . Planning Director $50.50 . Senior Planner $40.50 . Planning Technician $33.75 . Secretary $30.00 County Surveyor Review Fee (includes review of Amended Determined by Surveyor$ Plats, Final Plats, Exemption Plats) $11 —1st page Mylar Recording Fee $10 each additional page Page 2 The following guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. Page 3 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) . GARFIELD COUNTY (hereinafter COUNTY) and Charles ABagley and George E. Bagley Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for Major Exemption (hereinafter, THE PROJECT). 2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. OWNER and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to OWNER. OWNER agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE) Charles A. Bagley Print Name Mailing Address: Date lc/ S3Og" Signature George E. Bagley Mailing Address: Page 4 Date GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and Charles A. Bagley and George E. Bagley Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for Major Exemption (hereinafter, THE PROJECT). 2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. OWNER and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to OWNER. OWNER agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE) Signature Charles A. Bagley Print Name Mailing Address: Date 7S:Ignature/, George E/Bagley Mailing Address: '/ Page 4 Date County Project Name COLORADO GEOLOGICAL SURVEY SUBMITTAL FORM FOR LAND -USE REVIEWS Garfield Date Dutch Major Exemption APPLICANT (or Applicant's Authorized Representative responsible for paying CGS -review fee) Name Charles A. Bagley and""George R1cr1Pv Address 6044 County Road 233 Silt, CO 81652 Ph. No. 208-989-6939 Fax No. or'/4'/4 Seetion(s) Township Range Dec Lat Dec Long FEE SCHEDULE (effective June 1, 2009) Reviews for Counties Small Subdivision (> 3 dwellings and < 100 acres) .. .. $950 Large Subdivision (> 100 acres and < 500 acres) $1,550 Very Large Subdivision (500 acres or more) $2,500 Very small residential subdivisions (1-3 dwellings and < 100 acres) $600 Reviews for Municipalities At hourly rate of reviewer Special Reviews At hourly rate of reviewer School Site Reviews $855 CGS LAND USE REVIEWS Geological studies are required by Colorado counties for all subdivisions of unincorpo- rated land into parcels of less than 35 acres, under. State statute C.R.S. 30-28-136 (1) (i) (Senate Bill 35, 1972). Some Colorado municipalities require geological studies for sub- division of incorporated land. In addition, local governments are empowered to regu- late development activities in hazardous or mineral -resource areas under C.R.S. 24-65.1- 101 et seq. (House Bill 1041, 1974) and C.R.S. 34-1-301 et seq. (House Bill 1529, 1973), respectively. Local -government agencies submit proposed subdivision applications and supporting technical reports to the Colorado Geological Survey "...for evaluation of those geologic factors which would have significant impact on the proposed use of the land," in accor- dance with State statutes. The CGS reviews the submitted documents and serves as a technical advisor to local -government planning agencies during the planning process. Since 1984, the CGS has been required by law to recover the full direct cost of perform- ing such reviews. The adequate knowledge of a site's geology is essential for any development project. It is needed at the start of the project in order to plan, design, and construct a safe devel- opment. Proper planning for geological conditions can help developers and future owners/users reduce unnecessary maintenance and/or repair costs. Colorado Geologlcal Survey, 1313 Sherman Street, Room 715, Denver, CO 80203 Ph: 303-665-261 1 . Fax: 303-866.2461 htto://oeosurvev.state.co.us cre©ted 3116/08. revised 4/23/09 ■III F:hitHliii 111 Reception#• 791589 09/17/2010 11:20:37 AM Jean Alberico 1 of 2 Rec Fee:$16.00 Doc Fee:0.00 GARFIELD COUNTY CO OUIT CLAIM DEED THIS DEED, made this , Iday of 2010, between DOROTHY I. BAGLEY, County of Garfield and the State of Colorad , grantor, and CHARLES A. BAGLEY whose address is 627 North Happy Valley Road, Nampa, ID 83651 and GEORGE E. BAGLEY whose address is 6044 County Road 233, Silt; Colorado 81652, of the County of Garfield and State of Colorado, grantees. WITNESSETH, that the grantor, for and in consideration of the sum of Ten ($10) dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUIT CLAIMED, andbythese presents does remise, release, sell and QUIT CLAIM unto the grantees, their heirs, successor and assigns, forever, an undivided one-half (IA) interest each as to all the right, title, interest, claim and demand which the grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado, described as follows: SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE EXCEPTING AND RESERVING TO '1H.E GRANTOR, ANY OIL, GAS AND OTHER MINERAL RIGHTS ,n Also known as 1 2 /1 /14.0 R ` 02 2 9 _/ �/ C -c` - �f , 5 TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantors, either in law or equity, to the only proper use, benefit and behoof of the grantees, their heirs and assigns forever. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. STATE OF COLORADO )s ) oregoing instrument was acknowledged before me on this Dorothy I. Bagley. atai`alid offici,l seal. on expires: day of all AriattiMrkinninCIAWilidgijii iui Reception: 791589 09/17/2010 11:20:37 AM Jean Alberico 2 of 2 Re c Fee:$16.00 Doo Fee:0.00 GARFIELD COUNTY CO E,03IBIT A Lot One (1), Section Five (5), Tarnship Si* (6)-S., Range 92 W., Eith P. M., together with all improve- ments situate thereon,.also, together with ahy andall ditch and water rights belonging to, used upon or in_ connection with the -above described lands. . Recorded nt.2 M : L� o°dock T • March 24, 1971 Book 418 Ella Stephn es t _Recorder. Page 53 Reception No 249286 THIS DEED, Made this 24th day of March 19 71 , between GEORGE C. BAGLEY of the Comity of Garfield , State of Colorado, of the fust part, and GEORGE C. BAGLEY and DOROTHY 1. BAGLEY of the County of Garfield and State of Colorado, of the second part: WITNESSETH, That the said part y of the first part, for and in consideration of the sum of TEN DOLLARS and other good and valuable considerations DOLLARS to the said part y of the first part in hand paid by the said parties of the second part, the receipt remised, released, sold, conveyed and quit whereof is hereby confessed and acknowledged, has and quit claim unto the said parties of claimed, and by these presents does remise, release, sell, convey the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the right, title, interest, claim and demand which the said party of the first part he s in and to the following described lot or parcel of land situate, lying and being in the County of Garfield and State of Colorado, to wit: Lot One (1), Section Five (5), Township Six (6) S., Range 92 W., 6th P. M., together with all improve— ments situate thereon, also, together with any and all ditch and water rights belonging to, used upon or in connection with the above described lands. Recorder's Stamp STATE DOCUMENTARY FEE MAR !;21 19'1 TO HAVE AND 'PO HOLD the same, together with all and singular the appurtenances and privi- leges thereinto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, either i n law r equn btyro saiduntontheenjparties of the second part, their heirs and assigns forever, not in tenancy IN WITNESS WHEREOF, The said part y of the first part ha s hand and seal the day and year first above written_ SEAL Si(;d Sealed and Delivered in the presence of ./! e r ne GEORGE C BAGLEY ............. [SEAL] hereunto set h is STATE OF COLORADO, County of Garfield The foregoing; instrument way acknowledged before me this 24th day of March 19 71 , 1,y 1Iy Corina sine expires 21, 19 / l WITNESS my hand anti official seal. }s3. ncndford Yoblivhin; Co., 1 24--46 5t »' titr . Denver. Colorado --S-70 [SEAL] Notary Yublic. 2%%% C\2 26-11 12,00, dlerl 21S irrrnrr�-\ 0_ r. 2124 ALL PROPERTY OWNERS WITHIN 200' OF PROPOSED BAGLEY MAJOR EXEMPTION PLAT Ann E Johnson 5905 CR 233 Silt, CO 81652 Parcel No. 2127-353-00-063 Harold G Jr. Bentzler & Lori A Bentzler 6025 CR 233 Silt, CO 81652 Parcel No. 2127-354-00-027 Perry Will & Courtney Will 3400 CR 312 New Castle, CO 81647 Parcel No. 2127-354-00-028 Peggy R Engquist 6191 CR 233 Silt, CO 81652 Parcel No. 2127-354-00-053 Christian A Whittington 12123 Briar Leaf Court Parker, CO 80138 Parcel No. 2179-042-00-707 William A Swank & Peggy J Swank 20 Lone Pinon Lane Silt, CO 81652 Parcel No. 2179-042-00-708 Victor F Ganzi 106 Central Park South Apt 28E New York, NY 10019 Parcel No. 2179-042-00-696 Kim C Antonelli & Waynetta Antonelli 964 CR 229 Silt, CO 81652 Parcel No. 2179-042-00-429 Eric Charles Jurmu & Margaret Jurmu 32424 N. 43rd St. Cave Creek, AZ 85331 Parcel No. 2179-051-00-642 Marion B Gilmore & Teresa A Gilmore PO Box 56 New Castle, CO 81647 Parcel No. 2179-051-00-041 ALL PROPERTY OWNERS WITHIN 200' OF PROPOL2 BAGLEY MAJOR EXEMPTION PLAT Thaddeus I Ragsdale & Darlene E Davis 665 CR 216 Rifle, GO 81650 Parcel No. 21 79-051-00-280 Dorothy I Bagley 1211 CR 229 Silt, CO 81652 Parcel No. 21 79-051-00-281 Potential Mineral Owners: Charles A. Bagley 627 North Happy Valley Road Nampa, ID 83651 George E. Bagley 6044 CR 233 Silt, CO 81652 Carol Brown 30600 Highway 74, Unit #151 Hemet, CA 92545 Diana S. Harris P.O. Box 18 72 Sylva, NC 28 779 Jeanne L. McPherson 1859 CR 344, Building B Silt, CO 81652 � s hrr♦ F:illiriiirlYKY1 111 ii 1 Reception#: 791591 09/17/2010 11:20:37 RM Jean Alberico 1 aF 2 Rec Fee:$16.00 Doc Fee:0.0D GARFIELD COUNTY CO QUIT CLAIM DEED THIS DEED, made this 45,p4day of . . , 2010, between DOROTHY L BAGLEY, County of Garfield and the State of Colorado, _rantor, and CAROL BROWN, whose address is 30600 Highway 74, Unit #151, Hemet, CA 92545, DIANA S. HARRIS., whose address is P.O. Box 1872, Sylva, NC 28779 CHARLES A. BAGLEY whose address is 627 North Happy Valley Road, Nampa, ID 83651 and GEORGE E. BAGLEY whose address is 6044 County Road 233, Silt, Colorado 81652, of the County of Garfield and State of Colorado, grantees. WITNESSETH, that the grantor, for and in consideration of the sum of Ten ($10) dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hos remised, released, sold and QUIT CLAIMED. and by these presents does remise, release, sell and QUIT CLAIM unto the grantees, their heirs, successors and assigns, forever, each as to an undivided one-fourth (1/4) interest, in any and all oil, gas and other mineral rights in, under and upon the real property located in the County of Garfield, State of Colorado: Also known as SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantors, either in law or equity, to the only proper use, benefit and behoof of the grantees, their heirs and assigns forever. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. STATE OF COLORADO ) ss. COUNTY OF GARFIELD Dorothy I. Pllagley The foregoing instrument was acknowledged before tjyl_. 2010, by Dorothy I. Bagley. iti ss my hand and offi ..1 seal: , ;34, is rut rlssion expires: ;r�# me on this /,./ day of 1111104.1illtirti,1*.SIVAIVRVIANid,10/11iiii 1111 Reception#: 791591 09117/2010 11,20-37 PM Jean Alberico 2 of 2 Rec Fee:$16.00 Doc Fee.0 00 GARFIELD COUNTY GO EXHIBIT A All of the following described real property located in Garfield County, Colorado, in Section 5, Township 6 South, Range 92 West of the 6th P.M. , That portion of the NE1/4SW4NB1/4, except the West 132 feet thereof, 1' lying northerly of that certain parcel of land described.in deea.. recorded February 15, 1980 in Book 543 at Page 763. The North 1.86 3/4 acres of the SE1/4 of Lot 2 and the South 3.13 ¼th acres of the NE1/4 of Lot 2 of said Section 5. (Gibbs Tract) Tract No. 14 according to the Plat of the Antlers Orchard Develop- ment Company being in the SE4 of Lot 2 said Section 5 EXCEPT any portion contained in deed recorded February 15, 1980 in Book 543 at , Page 763 and EXCEPT beginning at the SW corner of the East 1/2 of sai(5,! Lot 2; thence North 72 feet; thence East 132 feet; thence South 72 feet; thence West 132 feet to the Point of Beginning. Tract Number Three (3) in Lot Number Two (2) of said Section 5, as shown by Plat of the Antlers Orchard Development Company filed for record with the County Clerk and Recorder of Garfield County, Colorado. The said Tract Three (3) may be otherwise described as the North Ten (10) acres of the East one-half (E1/2) of said Lot Number Two (2), in said Section 5. 0 Lot One (1), Section Five (5), Township Six (6)-S., Range 92 W., 6th P. M., together with all improve ments situate thereon, also, together with any anda11 ditch and water rights belonging to-, used upon or.in connection with the -above described lands. 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: June 15, 2011 Order Number: 947378 Buyer: Charles A. Bagley and George E. Bagley Seller: Property Address: 1211 County Road 229, Silt, CO 81652 Please direct all Title inquiries to: Melanie Lang Phone: 970-766-0233 or 866-932-6094 Email Address: mlang@stewart.com We Appreciate Your Busy OWNER: Charles A. Bagley George E. Bagley 627 North Happy Valley Road Nampa, Idaho 83651 look Forward to Serving Fou in the r- 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 Order Number. 947378 rt to il( L-- title guaranty company Z Senior Chairman of the Board hairman of the Board President ALTA Commitment (6/17/06) COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: May 20, 2011, at 7:30 A.M. Order Number: 947378 2. Policy or Policies To Be Issued: (a) A.L.T.A. Owner's (b) A.L.T.A. Loan Amount of Insurance 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the referenced estate or interest in said land is at the effective date hereof vested in: Charles A. Bagley and George E. Bagley 5. The land referred to in this Commitment is described as follows: Lot 1, Section 5, Township 6 South, Range 92 West, 6th P.M. COUNTY OF GARFIELD STATE OF COLORADO Purported Address: 1211 County Road 229 Silt, Colorado 81652 Order Number 947378 ALTA Commitment (6/17/06) - Schedule A Title Officer: Melanie Lang Page 1 of 1 Statement of Charges: These charges are due and payable before a Policy can be issued: Search Fee: $300.00 title guaranty company COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 1 REQUIREMENTS Order Number: 947378 The following are the requirements to be complied with: . NONE NOTE: This product is for informational purposes only. It is not a title insurance product and does not provide any form of coverage. This product is not a guarantee or assurance and does not warrant, or otherwise insure any condition, fact or circumstance. This product does not obligate this Company to issue any policies of title insurance for any subsequent transaction based on the information provided or involving the property described herein. This Company's sole liability for any error(s) relating to this product is limited to the amount that was paid for this product. Order Number: 947371) At ;TA Commitment (6/17/06) ,Schedule 1:3 1 Page 1 of 1 s swam title guaranty company COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 2 EXCEPTIONS Order Number: 947378 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 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 the proprietor of a vein or Lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises thereby granted, as reserved in United States Patent recorded April 5, 1892 in Book 12 at Page 127 as Reception No. 13747. 11. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded April 5, 1892 in Book 12 at Page 127 as Reception No. 13747. 12. Right of way for all ditches, canals and creeks crossing subject property. 13. Right of way for County Road No. 229. OlderNumhc 947378 ALTA Commitment (6/17/06) Schedule 6 2 Page 1 42 -----title guaranty company 14. Easement and Right of Ways reserved in Warranty Deeds recorded May 10, 1892 in Book 26 at Page 474 as Reception No. 13940 and recorded June 15, 1892 in Book 26 at Page 514 as Reception No. 14143. 15. All matters shown on the maps recorded as Reception Nos. 219307 and 240913. 16. Instrument recorded October 26, 1967 in Book 389 at Page 274 as Reception No. 239314. 17. Resolution No. 82-68 recorded March 26, 1982 in Book 595 at Page 616 as Reception No. 326064. 18. Oil and Gas Leases recorded as Reception No. 285021, as Reception No. 342367 and as Reception No. 453553, any assignments thereto or interests therein, and any and all other oil and gas leases of record, together with the appurtenant rights to use the surface. The Company makes no representation as to the present ownership of these interests. 19. Easement recorded September 18, 1991 in Book 813 at Page 696 as Reception No. 427380. 20. Reservation of any oil, gas and other mineral rights in the instrument recorded September 17, 2010 as Reception No. 791589, together with the appurtenant rights to use the surface. The Company makes no representation as to the present ownership of this interest. 21. Conveyance of an undivided one-fourth (1/4) interest in any and oil, gas and other mineral rights in, under and upon the real property, in the instrument recorded September 17, 2010 as Reception No. 791591, together with the appurtenant rights to use the surface. The Company makes no representation as to the present ownership of this interest. 22. Paid -Up Oil and Gas Lease recorded February 17, 2005 as Reception No. 668890 and Amendment of Paid -Up Oil and Gas Lease recorded May 11, 2007 as Reception No. 723116. 23. Except any claims, interests, adverse possessory rights or rights to title to any portion of subject property described in Warranty Deed recorded February 15, 1980 in Book 543 at Page 761 as Reception No. 301677. Order Number: 947 373 ALTA Commitment (6/17/06)—Schedule 13 2 Page 2 of 2 -----title guaranty company 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. j 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 Iaffiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company 'For our affiliates' everyday business purposes— information about your I 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. 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? Do we share? Yes Yes No Yes No Yes No Can you limit this sharing? No No We don't share No We don't share No We don't share How do the Stewart Title Companies protect my personal information? How do the Stewart Title Companies collect my personal information? What sharing can I limit? We must notify you about our sharing practices when you request a transaction. To protect your personal information from unauthorized access and use, we use security measures that comply with federal and state law. These measures include computer, file, and building safeguards. We collect your personal information, for example, when you request insurance -related services ® provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact Us li you have any questions about this privacy notice, please contact us at.. Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Teas 77056 Order Number. 947378 DISCLOSURES Order Number: 947378 Note: Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. The subject real property may be located in a special taxing district; B. A certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the county treasurer's authorized agent; C. Information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners, the county clerk and recorder, or the county assessor. Note: 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 N rnher: 947377 Disclosures Stewart Title DISCLOSURE The title company, Stewart Title in its capacity as escrow agent, has been authorized to receive funds and disburse them when all funds received are either: (a) available for immediate withdrawal as a matter of right from the financial institution in which the funds are deposited, or (b) are available for immediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn. The title company is disclosing to you that the financial institution may provide the title company with computer accounting or auditing services, or other bank services, either directly or through a separate entity which may or may not be affiliated with the title company. This separate entity may charge the financial institution reasonable and proper compensation for these services and retain any profits there from. The title company may also receive benefits from the financial institution in the form of advantageous interest rates on loans, sometimes referred to as preferred rate loan programs, relating to loans the title company has with the financial institution. The title company shall not be liable for any interest or other charges on the earnest money and shall be under no duty to invest or reinvest funds held by it at any time. In the event that the parties to this transaction have agreed to have interest on earnest money deposit transferred to a fund established for the purpose of providing affordable housing to Colorado residents, then the earnest money shall remain in an account designated for such purpose, and the interest money shall be delivered to the title company at closing. CONDITIONS 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 $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.org. stewart title guaranty company All notices required to he given the Company and any statement in writing required to be furnished the Company shall he addressed to it at P.O. Box 2029, Houston, Texas 77252. BAGLEY MAJOR EXEMPTION VICINITY MAP LOT ONE (1), SECTION 5 (5), TOWNSHIP SIX (6) S., RANGE 92 W. 6TH P.M. COUNTY OF GARFIELD STATE OF COLORADO SCALE 1"—.3000' X.ftf L, a:$E:1n6ra Rift, Colorado 81:650 Ph. (970) 6251330 Fax (970) 625-2773 CHARLES BAGLEY 627 N. HAPPY VALLEY RD NAMPA, ID 83651 GOVERNMENT LOT 1 DATE: 12/1/10 SHEET:: 1 OF 1 PROJECT: 10117-01 DFT: SRB GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 wvtragarfield-countv.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER : 2179-051-00-040 OWNER: Dorothy Bagley REPRESENTATIVE: KeIIy Cave PRACTICAL LOCATION: 1211 CR 229 (Ukele Lane) TYPE OF APPLICATION: Subdivision Exemption - Major DATE: January 27, 2011 I. GENERAL PROJECT DESCRIPTION Applicant owns 52 acres west of Silt at the intersection of CR 233 and CR 229. Deed descriptions of the current site can be found as far back as 1971 assuring that the parcel qualifies for the exemption process. The site currently has three wells and two mobile homes on it — Applicant must demonstrate sufficient legal and physical water by provision of well permits that allow use as proposed and demonstrating physical water as a condition of approval (24-hour pump test and quality testing). The location of the parcel on a corner can allow for three of the lots to have direct access to the county road, the fourth lot will require an access easement across one of the other sites. Two lots may be sharing a well — engineer drawings of the distribution of the water to the lot(s) sharing the well must be shown and those distribution lines and the access to the land -locked parcel will be considered "public improvements" and an Improvements Agreement and collateral will be part of the review process. Referral to Colorado Geologic Survey is required, application and fee should be submitted in the application materials. Soils information such as NRCS mapping, and county hazard mapping should be included in the submittal documentation. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Garfield County Comprehensive Plan 2030 The 2030 FLUM, left, indicates Urban Growth Area designation for the Bagley parcel. This requires that comp plan review occur based upon the Silt Comprehensive Plan (WR - Walkable Residential, and ARRR - Agricultural, Rural Residential Reserve). > Garfield County Unified Land Use Resolution Sections Article IV - Common Procedures - proof of ownership, list of adjacent property owners, see 4-103 for details Article V - Subdivision Exemption, Majorr Article VII - Standards, particularly Divisions 1, 2, 3, and 4 Submittal requirements are contained in Article IV and at 5-501 A. with description of requirements in 5-502. III. REVIEW PROCESS 1. Pre -application conference; 2. Submittal of 3 copies of the application and supporting materials; 3. Planner is assigned and reviews for 'technical' completeness; 4. Once complete the Director Determination date is set, notice is completed, and additional copies are requested to send to referral agencies; 5. Director issues determination - notice is provided to the BOCC who has 14 -days to request a hearing; 6. If no call-up to hearing is requested the plat and any related documentation can be finalized and the mylar signed by the Board of County Commissioner (no hearing, on consent agenda). 7. Plat and documentation is recorded. Public Hearing(s): None - the action is Administrative Referral Agencies: Town of Silt, CDOT, Division of Water Resources, Vegetation Management, Road & Bridge, Colorado Geologic Survey (+$950 fee), School District, Water and Soil Conservancy District, Fire District, Utility Companies, Division of Wildlife, Civil Engineer (fee, based on hourly rate), any other agency deemed necessary upon review of the application. IV. APPLICATION REVIEW FEES Planning Review Fees: $400 Referral Agency Fees: $ hourly fee for engineer review will be billed. Applicant must submit CGS fee Total Deposit: $ 400.00 (additional hours are billed at hourly rate) General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. a ion -S m a Pre ared b fr January 27, 2011 hy Date PROPERTY DESCRIPTIONS EA -EMI -VON 10i DUTCH .MAJOR EXEMPTION ---- n""Y'°"''''"' --- =;;;;;Ar,,-=,==-...,°07,=.70=4;;;:iv,i7=0,=:„c70-,-,-,,,c,==,,s-,0z.,=--- Parcels of Land Situate in the NE1/ 4 of Section 5, --- en,,ancru,t r,,,,,e „I 11 e„ 7 -taxa csn,tx-nrc suo If 0,114 BOUNDARY 11XL A,' Al.,,N,I. f.,,IMINt ,11.3e1.1,,,U,;10, AS.LSCVISLO IM 13,W...I AV PAC L , r Township 6 South, Range 92 West of the 6th P.M. County of Garfield, State of Colorado Mt 1-01.„&„71101„ &AI& &ARM, 0, IA. rown„»)„, SIO,RES. 84088[ 00 tESS Z Z I'710.07,4""tVT=Tj0r8VZ-g''-=';087Z;'L'8;8'L;'8r0't°°T'IZ8'•8'8r.'''''' „1„„)))&„),1„)„„1„ 10101,80,888118'88. 8 80888„'0/880. 08.8 8,85888 1£0.88'1„88 „880. '8,8081.0 WM' „C 801 : .• ' .88-.. ' '-80=008. ''; 180.880888„e8: ITV, AN ' '''''T ''''''"''''' '"'"" ''''"''''" "' '''' uKupron. L01. (.27,44,1V nl rTET. EF,`f7:FFE::;a.E7aTzs,''ZzFrr'07,5;';Zlv'4=;:,J,==;;g.-VZ'L7104=1;1=,, EMMA), 10,1 FF4-;1)i););F faF :.5i;e:E.FIE' IF? I I riFIE „1: 1 H„. 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Innncsns,oirnrco nrus,or. • )1„1"&„„„„11„ A1.11.11)„„ „1.111) 7116 E4), Ef.,„„) „AM, )))$,AMO AN LYMAN NA IS ()) „AWE 11;;;I:A.E.,AS[1.4),1„7.41-1„ UrVITONNO. 19 881188.8.88 0031,88-8 rasoterson, 840," AU. 8888 oo,s Nor EXEMPTION PLAT NOTES 1=0„ „4„6„))).„".„1„...051 „RAE), row, r rEri. ,trox Axon st,r, Apr 0.187 11„ SOLVEY44.5 r-cm.rn,oh. rarm... or No3,1c.r,s s ¢.-EinIzrornes.rr r or re, Neomar cuar, mrsr, ks-s.nr,74, v.vrr wrnm, ,rer,rswoorel nag ?X )0 SRA,. ar il7pIneEnn: or mat., urrrIner .r.;s7;=7;L:F;;ECT2r7cir' crrnM7rf:' ,7;.r 4:ge ro°: , 8.811/8718=8 $000 =U41;1046 A MIA, TA „AL LIMA &S„All St„).„211„ At), „1„ COL 00 31,0 GAI&ERS„ ST AT 0, 4,16 )'- ')nrilTZ4fr=A„)14: TIME CERTIFICATE mum. THE rt. m tAns Vti=71;;;TjrnVonrin;gfn's'ir7f:A= ,Acgn',0•Glir,"Irj; UM A& .01.80180 ,URVEln, CERTIFICATE OF TAXES PAID 1141.5 DA 00 0 00, COUNTY SURVEYOR'S CERTIFICATE cIERIC AND RECORDER cEPTIFICATE 1, 0 DUTCH MAJOR 000 10,8 783, b 080.888,,' Cap Mir.. Com,. Plae. ant., e AlEiFfF, County Road No. 233 s W ,t,•". DUTCH MAJOR EXEMPTION ifrzy,',:-7; f:517:. t'51, Northenrt Comer Ser:inn 5 No. 5 Alt.,. Place 1 20 510 Ilierrx 7;,;7772' ' La, X.1c.s n 11,1: / Comet Scrn; d: Breua Ca, LS tfw. 1W060 in P., af.wwisC .6.5.70.67 , 77 S2.70117017 GRAPHIC SCALE e - ...11111.111111IM 171 110,0 1.57.6,- 17.1 f.5 70. 160 , 1, 77 170 50 11771 65 70 1.70 „)- 3 76 OS., I.rthwt. Cam. St.,. 5 Scars 50,51.7.E .25.A• (from porn: for comer, vw,15- w 2.6.61 • Z., bertiort 5 .wsW 161,0 Com, Serri. 5 Ret,ar and Cap . 15555 S.04A 2,E .12 Ce 2 u z 7167: 776,7 SECTION "5" DETAIL SCALE: I" = 800' PROJOC, NO 10117-01 or 2 39° 33 54" 39° 33 27" 269100 269200 Soil Map—Rifle Area, Colorado, Parts of Garfield and Mesa Counties (Bagley) 269300 269400 269500 269600 107° 40 51" 269700 N A Map Scale- 140301 printed on A size (8 5" x 11") sheet Met rs 0 35 70 140 210 1111111101511111111110M Feet 0 150 300 600 900 USDA Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 6/14/2011 Page 1 of 3 39' 33' 55" 39° 33' 27" co_ 48 co En ® .8 g, ca 76 } ` Cr)u) co= { 2 E /§ 0 0 E { 7 \n ) \ \ r ) J E 3� Z \ 5 §k 2 D O \ / § })0 f Z 2 ) \j )� � k \ » \ a. ] k z§E /� / 6 °a ) \} \\/ \\ 2 ) ) p§) 0.k 2 / of \ƒj // MAP LEGEND Very Stony Spot t Wet Spot r Other Special Line Features Gully \ /\ { < co E 5 Soil Map Units Short Steep Slope Rifle Area, Colorado, Parts of Garfield and Mesa Version 6, Mar 25, 2008 Date(s) aerial images were photographed: is and \ k \ §to 0 \ ) } t o \/I Politica w a. / z § En § / / j / Marsh or swamp Interstate Highways / \ \ Miscellaneous Water Local Roads rE ) ( 75 15 7 0 / En ƒ { > / X • § % 4 ¥ e » > + Severely Eroded Spot 2 111 & A # m e Soil Map—Rifle Area, Colorado, Parts of Garfield and Mesa Counties Bagley Map Unit Legend USDA Natural Resources ~Egli Conservation Service Web SoiI Survey National Cooperative SoiI Survey 6/14/2011 Page 3 of 3 34 Ildefonso stony loam, 25 to 45 percent slopes 3.4 ____ 24.0 4.8% �am - 55 - ��mam.amV���w�� ---------� 38.1 53.8% - -�-- 56 ---- P000loam, am1cpamentmupes ------�- -------� 5.2 __ 7,4% ----- -- - 57 Potts-noemnxvcumnmx.um12ponmn� slopes m�mm,xmamm�mut 70.8 _ 100.0% USDA Natural Resources ~Egli Conservation Service Web SoiI Survey National Cooperative SoiI Survey 6/14/2011 Page 3 of 3 Map Unit Description: Ildefonso stony loam, 25 to 45 percent slopes—Rifle Area, Colorado, Parts of Garfield and Mesa Counties Bagley Rifle Area, Colorado, Parts of Garfield and Mesa Counties 34—Ildefonso stony loam, 25 to 45 percent slopes Map Unit Setting Elevation: 5,000 to 6,500 feet Map Unit Composition Ildefonso and similar soils: 90 percent Description of Ildefonso Setting Landform: Alluvial fans, valley sides, breaks Down-slope shape: Linear, convex Across -slope shape: Linear, convex Parent material: Mixed alluvium derived from basalt Properties and qualities Slope: 25 to 45 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.60 to 6.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 35 percent Maximum salinity: Nonsaline to very slightly saline (0.0 to 4.0 mmhos/ cm) Available water capacity: Low (about 5.1 inches) Interpretive groups Land capability (nonirrigated): 7e Typical profile 0 to 8 inches: Stony loam 8 to 60 inches: Very stony loam Data Source Information Soil Survey Area: Rifle Area, Colorado, Parts of Garfield and Mesa Counties Survey Area Data: Version 6, Mar 25, 2008 USDA Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 6/14/2011 Page 1 of 1 Map Unit Description: Potts loam, 3 to 6 percent slopes—Rifle Area, Colorado, Bagley Parts of Garfield and Mesa Counties Rifle Area, Colorado, Parts of Garfield and Mesa Counties 55—Potts loam, 3 to 6 percent slopes Map Unit Setting Elevation: 5,000 to 7,000 feet Map Unit Composition Potts and similar soils: 85 percent Description of Potts Setting Landform: Valley sides, benches, mesas Down-slope shape: Convex, linear Across -slope shape: Convex, linear Parent material: Alluvium derived from basalt and/or alluvium derived from sandstone and shale Properties and qualities Slope: 3 to 6 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Capacity of the most limiting layer to transmit water (Ksat): Moderately high (0.20 to 0.60 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 15 percent Maximum salinity: Nonsaline (0.0 to 2.0 mmhos/cm) Available water capacity: High (about 10.3 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability (nonirrigated): 3c Ecological site: Rolling Loam (R048AY298CO) Typical profile 0 to 4 inches: Loam 4 to 28 inches: Clay loam 28 to 60 inches: Loam Data Source Information Soil Survey Area: Rifle Area, Colorado, Parts of Garfield and Mesa Counties Survey Area Data: Version 6, Mar 25, 2008 !7.5 -PA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey 6/14/2011 Page 1 of 1 Map Unit Description: Potts loam, 6 to 12 percent slopes—Rifle Area, Colorado, Bagley Parts of Garfield and Mesa Counties Rifle Area, Colorado, Parts of Garfield and Mesa Counties 56—Potts loam, 6 to 12 percent slopes Map Unit Setting Elevation: 5,000 to 7,000 feet Map Unit Composition Potts and similar soils: 85 percent Description of Potts Setting Landform: Valley sides, benches, mesas Down-slope shape: Convex, linear Across -slope shape: Convex, linear Parent material: Alluvium derived from basalt and/or alluvium derived from sandstone and shale Properties and qualities Slope: 6 to 12 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Capacity of the most limiting layer to transmit water (Ksat): Moderately high (0.20 to 0.60 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 15 percent Maximum salinity: Nonsaline (0.0 to 2.0 mmhos/cm) Available water capacity: High (about 10.3 inches) Interpretive groups Land capability classification (irrigated): 4e Land capability (nonirrigated): 4e Ecological site: Rolling Loam (R048AY298C0) Typical profile 0 to 4 inches: Loam 4 to 28 inches: Clay loam 28 to 60 inches: Loam Data Source Information Soil Survey Area: Rifle Area, Colorado, Parts of Garfield and Mesa Counties Survey Area Data: Version 6, Mar 25, 2008 l(SDA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey 6/14/2011 Page 1 of 1 Map Unit Description: Potts-Ildefonso complex, 3 to 12 percent slopes—Rifle Bagley Area, Colorado, Parts of Garfield and Mesa Counties Rifle Area, Colorado, Parts of Garfield and Mesa Counties 57—Potts-Ildefonso complex, 3 to 12 percent slopes Map Unit Setting Elevation: 5,000 to 6,500 feet Map Unit Composition Potts and similar soils: 60 percent Ildefonso and similar soils: 30 percent Description of Potts Setting Landform: Valley sides, mesas Down-slope shape: Convex, linear Across -slope shape: Convex, linear Parent material: Alluvium derived from basalt and/or alluvium derived from sandstone and shale Properties and qualities Slope: 3 to 12 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Capacity of the most limiting layer to transmit water (Ksat): Moderately high (0.20 to 0.60 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 15 percent Maximum salinity: Nonsaline (0.0 to 2.0 mmhos/cm) Available water capacity: High (about 10.3 inches) Interpretive groups Land capability (nonirrigated): 4e Ecological site: Rolling Loam (R048AY298C0) Typical profile 0 to 4 inches: Loam 4 to 28 inches: Clay loam 28 to 60 inches: Loam Description of Ildefonso Setting Landform: Mesas, valley sides Down-slope shape: Convex Across -slope shape: Convex Parent material: Alluvium derived from basalt and/or alluvium derived from sandstone and shale Properties and qualities Slope: 6 to 12 percent USDA Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 6/14/2011 Page 1 of 2 Map Unit Description: Potts-Ildefonso complex, 3 to 12 percent slopes—Rifle Bagley Area, Colorado, Parts of Garfield and Mesa Counties Depth to restrictive feature: More than 80 inches Drainage class: Well drained Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.60 to 6.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 35 percent Maximum salinity: Nonsaline to very slightly saline (0.0 to 4.0 mmhos/ cm) Available water capacity: Low (about 5.1 inches) Interpretive groups Land capability (nonirrigated): 6e Typical profile 0 to 8 inches: Stony loam 8 to 60 inches: Very stony loam Data Source Information Soil Survey Area: Rifle Area, Colorado, Parts of Garfield and Mesa Counties Survey Area Data: Version 6, Mar 25, 2008 USDA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey 6/14/2011 Page 2 of 2 Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 CHARLES A BAGLEY 627 N HAPPY VALLEY ROAD NAMPA, ID 83687- (208) 989-6939 PERMIT TO CONSTRUCT A WELL ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2), on the condition that this well is operated in accordance with the West Divide Water Conservancy District Augmentation Plan approved by the Division 5 Water Court in case no. 02CW0123. If this well is not operated in accordance with the terms of said decree, it will be subject to administration including orders to cease diverting water. WDWCD contract #110421CB(a). 4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside one (1) single family dwelling, the irrigation of not more than 6,000 square feet of gardens and lawns, and the watering of six (6) domestic animals. 5) The pumping rate of this well shall not exceed 15 GPM. 6) The annual withdrawal of ground water from this well shall not exceed 0.84 acre-foot (273,714 gallons). 7) The return flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 8) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 9) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer Upon request. 10) Pursuant to Rule 6.2.3 of the Water Well Construction Rules, the well construction contractor shall submit the as -built well location on work reports required by Rule 17.3 within 60 days of completion of the well. The measured location must be accurate to 200 feet of the actual location. The location information must include a GPS location (UTM coordinates) pursuant to the- Division of Water Resources' guidelines. NOTE: This well is to be located on a residential site of 12.723 acre(s) described as lot 3, proposed Dutch Major Exemption, Garfield County. NOTE: Section 5 is an irregular "Tat" section, approximately 5700 feet North/South.21-• '31/ NOTE: Parcel identification Number (PIN): 23-2179-051-00-040 �s NOTE: Assessor Tax Schedule Number: R200338 (totaling 52.0 acres) LIC WELL PERMIT NUMBER 75024 -F DIV. 5 WD 39 DES. BASIN MD Lot: 3 Block: Filing: Subdiv: DUTCH MAJOR EXEMPTION APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 NE 1/4 Section 5 Township 6 S Range 92 W Sixth P.M. DISTANCES FROM SECTION LINES Ft. from Section Line Ft. from Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: APPROVED DMW Receipt No. 9503452 State Engineer By DATE ISSUED 05-02-201 1 EXPIRATION DATE 05-02-2012 Jun U/ 11 U:3:6 /p Kick Lane Uonstn lotion REPORT DATE Mon Aug 30 09:57:22 MDT 2010 2U6 -442-2t /2 P2 COLORADO WELL APPLICATIONS AND PERMITS COLORADO DIVISION OF WATER RESOURCES Receipt 9113482 Permit 1172 Div 5 Basin Engineer DMW Wd 39 Md User DMW Full Name BAGLEY GEORGE C Address RT 1 BOX 62 City RIFLE Telephone (970) 876-2429 Case Permit XRef 47466 Well Name County GARFIELD Q10 Q40 NE Q160 NE Sec 5 Ts 6 South Rng 92 West Pm Sixth Subdivision State Zip CO 81652 Parcel Size PIN 52.00 23-2179-051-00-040 05-13-1958 Main Activity Interim Status Last Action Permit Issued Permit Expires Expire Notice Sent Well Const Report Well Const Complete Well Report (Non-trib) Pump Install Report Pump Install Complete 1st Beneficial Use Statement Benef. Use Benef Use (Non-trib) Abandonment Report Well Plugged Filing Block Lot Uses DOMESTIC Pump Rate Proposed 5.00 Actual 10.00 Ann Amt Depth 105.00 105 0.00 105 Irrigated Area 0.00 acres Elevation Peri Casing Top 90 Peri' Casing Bottom 105 Water Level A.quiferl Aquifer2 Driller plump Installer 90 ALL UNNAMED AQUIFERS 388 Sltatute Meter Log Qual AbReq No No No No C.omment As a well on 52.0 acre tract. Limit to histo rio use proir May 8, 1972. Phy address: 1211 CR 229, Silt, CO 81652. Tax #R200338 (totaili ng 52.0 acres). 3 Wells on this parcel, permit nos. 1 7 11-02-2006 05-13-1958 11-24-1958 12-29-1957 12-29-1957 Well permit issued. Record change. A portion of t le file was modified/corrected. Jun U/ 1 U:3:bp Kick Lane Uonstruction REPORT DATE Mon Aug 30 09:57:02 MDT 2010 2U6-442-25/2 COLORADO WELL APPLICATION b AND PERMITS COLORADO DIVISION' OF WATER RESOURCES p.1 (Receipt 9113937 Permit 30778 Div 5 Basin Engineer DMW Wd Md User 39 DMW Full Name BAGLEY GEORGE C Address RT 1 BOX 62 City RIFLE Telephone (970) 876-2429 Case Permit XRef 47466 Well Name County Q10 040 NE Q160 NE Sec 5 Ts Rng Pm Sixth GARFIELD 6 South 92 West Subdivision State Zip CO 81652 Parcel Size PIN 52.00 23-2179-051-00-040 05-11-1967 Main Activity Interim Status Last Action Permit Issued Permit Expires Expire Notice Sent Well Const Report Well Const Complete Well Report (Non-trib) Pump Install Report Pump Install Complete 1 st Beneficial Use Statement Benef. Use Benef Use (Non-trib) Abandonment Report Well Plugged 11-02-2006 05-16-1967 05-01-1968 05-12-1967 05-12-1967 Filing Block Lot Uses STOCK Pump Rate Proposed 10.00 Actual 1.00 Ann Amt 0.00 0.00 Irrigated Area 0.00 acres Elevation 0 Perf Casing Top 40 Perf Casing Bottom 120 Water Level Aquiferl Aquifer2 Driller Pump Installer 15 Depth 100 120 ALL UNNAMED AQUIFERS 78 Statute Meter Log Qual AbReq No No No No Comment As a well on 52.0 acre tract. Limit to histo ric use proir May 8, 1972 (STOCK WATER). Phy address: 1211 CR 229, Silt, CO 81652. Tax #R2 00338 (totalling 52.0 acres). 3 Wells on this parcel, Well permit issued. Record change. A portion of the file was modifiedtcorrected. Jun U( 11 U:5:3(p 1 -(ick Lane Uonstruction REPORT DATE MOP Aug 30 09:57:38 MDT 2010 2Ut3-442-2b (Z COLORADO WELL APPLICATIONS AND PERMITS COLORADO DIVISION OF WATER RESOURCES Receipt 9114130 Permit 47466 Div 5 Basin Engineer DMW Wd Md User 39 DMW Full Name BAGLEY GEORGE C Address RT 1 BOX 62 City RIFLE Telephone (970) 876-2429 Case Permit XRef 1172 Well Name County GARFIELD Q10 Q40 NE Q160 NE Sec 5 Ts 6 South Rng 92 West Pm Sixth 3ubdivision 'a rcel Size i2.00 State Zip CO 81650 PIN 23-2179-051-00-040 Filing Block Lot Uses DOMESTIC • Proposed "Actual Pump Rate Ann Amt Depth 15.00 0.00 100 30.00 0.00 62 Irrigated Area 0.00 acres Elevation 0 Pert Casing Top 42 Pe'rf Casing Bottom 62 Water Level 40 Aquiferl ALL UNNAMED AQUIFERS Aciuifer2 Driller 78 Pump Installer Statute Meter Log Qual AbReq No No No No Comment As a well on 52.0 acre tract. Limit to histo ric use proir May 8, 1972. Phy acldress: 1211 CR 229, Silt, CD 81652. Tax #R200338 (totaili ng 52.0 acres). 3 Wells on this parcel, permit nos. 1 Aain Activity nterim Status .ast Action 'ermit issued 'ermit Expires xpire Notice Sent Veil Const Report Vell Const Complete Veil Report (Non-trib) ump Install Report ump Install Complete st Beneficial Use tatement Benef. Use enef Use (Non-trib) bandonment Report /ell Plugged 07-16-1971 11-02-2006 07-16-1971 07-28-1972 07-21-1972 07-21-1972 Well permit issued. Record change-. A portion of th4 . file was modified/corrected. 7 Page 1 of 2 Kelly Cave From: Pearl Knight [swcd@rof.net] Sent: Wednesday, June 29, 2011 10:59 AM To: Kelly Cave Subject: Charles Bagley irrigation water On request from Chuck, this is to confirm that he has the following irrigation water. 24 acre feet of Silt Project water deeded to his property. 22 shares of Farmer's Irrigation Company water as noted on certificate #2023 issued to Chuck on October 5, 2010 Pearl Knight Secretary/Treasurer 1 /-1 (\ /'1 n 1 1 APPLICATION TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT 818 Taughenbaugh Blvd. 4101, P. 0. Box 1478, Rifle, Colorado 81650 Contract #110421C3(a) Map #636 Date Activated 4/21/11 1. APPLICANT INFORMATION Nance: Charles A. Bagley Mailing address: 621 o appy V y Nampa, Idaho!" IT: '�' Telephone: f•• - Email: Authorized agent; 2. COURT CASE the Decree Case No. Augmentation Plan Case No. 3. USE OF WATER RESIDENTIAL Number of main residences; 1 No. ADU's Subdivision; No. constructed units: No, vacant lots Iiotrte garden/lawn irrigation of 6.000 total sq. ft. Method of irrigation: flood sprinkler x other Non-commercial animal watering of 6 animals Fire Protection x Evaporation; Maximum water surface to be exposed: Description of any use, other than evaporation, and method of diversion, tate of diversion, and annual amount of diversion of any water withdrawn from the pond: Well Sharing Agreement for multiple owner wells must be submitted tf greater than two owners, application must be made under a homeowners association. COMMERCIAL Number of unite: Description of use: Total sq. ft. of commercial units: INDUSTRIAL Description of use: Evaporation: Maximum water surface to be exposed: Description of any use. other than evaporation. and method of diversion, rate of diversion, and annual amount of diversion of any water withdrawn from the pond: DIRECT PUMPING Tributary: Location: 4. SOURCE OF WATER Strucnrre: C. Bagley Well Structure Name: Well Source: surface storage ground water x _ CurTenr Permit # (attach copy) Printed pon ions of this form, exc pt differentiated additions or deletion Form : WDWCD 2009 APPLICATION S. LOCATION OF STRUCTURE Garfield NE114 Quarter/quarter 6 Township County 5 Section Distance of well from section lines: 92 Range Quarter 6th P. M. Elevation: 5000 Well location address: unty tad 229, Sitt (Attach additional pages for multiple structures) 6. LAND ON WHICH WATER WILL BE USED (Legal description may be provided as an attachment) See Exhibit A Number of acres in tract:12-723 Inclusion into the District, at Applicant's expense, may be required 1. TYPE OF SEWAGE SYSTEM Septic tank/absorption leach field x Central System Other District name: & VOLUME OF LEASED WATER NEEDED IN ACRE FEET: 1 AF (minimum of 1 acre foot accept augmentation from Alsbury Reservoir where a lesser amount is allowed) Provide engineering data to support volume of water requested Commercial, municipal, and industrial users must provide diversion and consumptive data on a monthly basis. A totalizing flow meter with remote readout is required to be installed and usage reported to West Divide. Applicant expressly acknowledges it has had the opportunity to review the District's form Water Allotment Contract and agrees this application is made pursuant and subject to the terms and codlNon,s contained therein. Applicant Signature Applicant Signature Application Date: ISSUED AS AREA YES -/-//- 13 /-//s- B CONTRACT �NO have been approved and adopted by the West Divide Water Conservancy District. o0M U 0 0 0 ry 11 U OW c.)h4 z ozo O ,46E tri a �Qp`rw .b a war) c U E tri a61 F, cra r14W WOq�ci,a� o > Ami cgrN, OW Me C a ncr C5 O az e3L 0 �� two PqU 0 141 CV C11oco EA0 ooQuIly 4.718V0) )v v Z �loy0. ryQ�UUt��cy� L=414W U Q�CjO% O 0 c 0 p0 e 0 CI- (4 a3RUp.�OQ Township 6 South, Range 92 West Colorado River Service Area Silt Mesa Service Area Fou Ile rvice Ar�r Isbu niic Area JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTA APPLI CANT: WATER USE ESTIMATES COLORADO RIVER SERVICE AREA WEST DIVIDE WATER CONSERVANCY DISTRICT i iar1 s A. Bagley DWELLING UNITS: IRRIGATED AREA (SO FT): COMMERCIAL AREA (SQ FT): NO. OF LIVESTOCK: ELEVATION (MSL): 1BOO 65000 Contract Amount w/ 5% Transit Loss = 0,46 acre feet Transit Loss 5.0% 10 11 12 ii) Unit Value: Irrigation Diversion (n) tL) Unit Value: Irrigation C.U. (ft (3 ) In House Diversion (AF) v1) In House C.U. (AF) 1") Commercial Diversion (AF) 1."i Commercial C.U. (A,F) IL.I Irrigation Diversion (AFI 1.-i Irrigation C.U. (AF) , , Livestock Diversion & C,U. (AF) Total Diversion (AF) Total C.U. SAF) Total Contract Amount . (AIF) 0.03 0.00 0,00 0,00 0.00 0,00 0.01 0,042 0.011 0.012 0.03 0.00 0.00 0.00 0.00 0.00 0.01 0.038 0.010 0.011 0.03 0.00 0.00 0.00 0.00 0.00 0.01 0.042 0.011 0.012 0.144 0.115 0,03 0.00 0.00 0.00 0.02 0.02 0.01 0.061 0.027 0.028 0.423 0.338 0.03 0.00 0.00 0.00 0.06 0.05 0.01 0.103 0.058 0.061 0.589 0.471 0.03 0.00 0.00 0.00 0.05 0.06 0.01 0.125 0.076 0.080 0.619 0.495 0.03 0.00 0.00 0.00 0.09 0.07 0.01 0.131 0.079 0.083 0.503 0.402 0.03 0.00 0.00 0.00 0.07 0.06 0.01 0.114 0.067 0.070 0.355 0.284 0.03 0.00 0.00 0.00 0.05 0.04 0.01 0.092 0.050 0.053 0.111 0.089 0.03 0.00 0.00 0.00 0.02 0.01 0.01 0.058 0.024 0.025 0.03 0.00 0.00 0.00 0.00 0.00 0.01 0.040 0,011 0.011 0.03 0_00 000 0.00 0.00 0_00 0.01 0.042 0.011 0.012 2.743 2.194 0.39 0.06 0.00 0.00 0.38 0.30 0.07 0.886 0.435 0,457 (1) (2) (3) (4) (5) (6) BO% JrTigation efficiency for sprinkler systems Blaney Cridce assessment wilt Pocilop adjustments 350 gallons per day per residence 15% consumptive use for SOS systems 200 gallons per day per 1000 sq ft of cornmerciai space 15% consumptive use for ISDS systems Cci urrm (1) ` irrigated area in acres Colum (2) ` irrigated area in acres Livestock use at 11 gallons per head per day Column (3) + Column (5) + Cc4umn (7) + Column (9) plus 5% transit loss Column (9) + Column (6) + Column (6) + Column (9) Column (11) plus 5% trarsit loss Confidentiality Notice: This spreadsheet, including all attachments, is for the stile use of the intended recipients and may contain confidential end privileged informarron. Any unauthorized review, use, disc rosure, copying, distribution or actor taken in relic ce on the contents of the information chained in this spreadsheet is sNidty prohibited. Thank you. 2006 Colorado River Water Use Esfintiatesxls Contract #11042.1CB(a) Map # 636 Date Activated 4/21/11 WEST DIVIDE WATER CONSERVANCY DISTRICT, WATER ALLOTMENT CONTRACT Name of Applicant: Quantity of Water in Acre Feet: Applicant, hereby applies to the West Divide Water C:;onscrvancy District, t political subdivision of the State of Colorado, organized pursuant to and existing by virtue of C.R.S. 1973, Section 37-4.5- 101, et Suet., (hereinafter referred to as the "District") iirr an allotment contract to beneficially and perpetually use water or water rights owned. leased, or hereafter acquired by the; District. Hy execution of this Contract and the attached Application, Applicant hereby agrees to the following terms and conditions: I , WaterRight% Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water, which will he supplemented and augmented by water leased herein. If Applicant. intends to divert through a well, it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources. 2. Cults: Water applied for by the Applicant in the amount set forth above shall he diverted at Applicant's point of diversion from the District's direct flow water rights. and when water is unavailable for diversion pursuant to administration by the Colorado State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in acre Leet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow, storage or otherwise, to the Applicant by the District will he limited by the priority of the District's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terms and conditions of this Contract, The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may be dependent on the consent ofthe Colorado River Water Conservation District. Fat any time the Applicant determines it requires less water than the amount herein provided, Applicant may so notify the District in writing, and the amount of water allotted under this Contract shall he reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3enc ficial lse and Location of Beneficial tile: Any and alt wafer allotted Applicant by the District shall be used for the following beneficial use or uses' industrial, municipal, domestic and related uses, or commercial (except for commercial use l'rom Alsbury Reservoir and except to the extent that Ruedi Reservoir water may not he available for commercial as that term is defined on Page 5 of Contract No. 2-O7--70-WO547 betwecn the United States and the West Divide Water (.:onscrvancy District). Applicant's beneficial use of any and all water allotted shall he within or through facilities or upon land owned, leased, operated. or under Applicant's control. 4. Decrees and t)elivcry: Rxchan�r,c releases made by the District out of storage from Ruedi Reservoir, Green Mountain Reservoir, Alshury Reservoir, or other works or facilities of the District, or frorn other sources available to the District_ shall he delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources, and release or delivery ofwater at such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir or Green Mountain Reservoir shall be subject to the District's lease contracts with the United States Bureau of Reclamation. Releases from other facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (October 1), shall revert to the water supplies of the District_ Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the Districts decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado Division of Water Resources to estimate any conveyance losses between the original point and any alternate point, and such estimate shall be deducted flu ,u this amount in each case. Water service provided by the District for properties located within the Bluestone and Silt Water Conservancy Districts is provided pursuant to Agreements with said Districts. The Intergovernmental Agreement between the District and the Silt Water Conservancy District, dated January 25, 2001, is recorded as Reception No. 575691, Garfield County Clerk and Recorder's Office_ The Intergovernmental Memorandum of Understanding between the District and the Bluestone Water Conservancy District, dated April 26, 2001, is recorded as Reception No. 584840, Garfield County Clerk and Recorder's Office. 5- Alternate Point of Thversiop and Plan of AtlpmentatiQfl Decrees for alternate points of diversion of the District's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant. The District reserves the right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated herein, and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted under this Contract. [n the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under Paragraph 19 below. in any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof: 6_ Contract Payment: Non-refundable, one time administrative charge, in the amount determined by the Board of Directors of the District from time to time, shall be submitted with the application for consideration by the District. 2 Annual payment for the water service described herein shall be determined by the Board of Directors of the District. The initial annual payment shall be made in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to whichthe initial payment shall apply and the price which is applicable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. if an annual payment is not made by the due date a flat $50 /ate fee will be assessed Final written notice prior to cancellation will be sent certified mail, return receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set forth in this Contract or Application. Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for funny years only. If payment is not made within fifteen (15) days after the date of said written notice, Applicant shall at District's sole option have no further right, title or interest under this Contract without further notice, and delivery may be immediately curtailed. The allotment of water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District_ Upon cancellation of this water allotment Contract with the District, the District shall notify the Division of Water Resources offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of all water use. 7. Additional Fees and C9sts: Applicant agrees to defray any expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8 Ani2tlntent: This Contract shall not inure to the benefit of the heirs, successors or assigns of Applicam, without the prior written consent of the District's Board of Directors. Any assignment of Applicant's rights under this Contract shall be subject to, and must comply with, such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment Contracts. No assignment shall be recognized by the District except upon completion and filing of proper forms for assignment and change of ownership. in the event the water allotted pursuant to this Contract is to be used for the benefit of land which is now or will subsequently be subdivided or held in separate ownership, the Applicant may only assign the Applicant's rights hereunder to: 1) No more than three separate owners all of whom shall be parry to a well sharing agreement satisfactory to the Distract; or 2) A homeowners association, water district, water and sanitation district or other special district properly organized and existing under the laws of the State of Colorado, and then, only if such parties, association or special district establishes to the satisfaction of the District that it has the ability and authority to perform the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this Contract have any rights hereunder, except as such rights may exist pursuant to a well sharing agreement or through a homeowners association or special district as provided above. Upon the sale of the real property to which this Conn -act pertains, Applicant shall make buyer aware of this Contract and proper forms for assignment and change of ownership must be completed. 3 9. Otrules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law. 10. Operation arid Ivlhiritnnt a Agreement; Applicant shall enter into an "Operation and Maintenance Agreement" with the District under terms and conditions determined by the board of Directors of the District, if and when, the Board of said District determines in its sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for additional annual monetary consideration for extension of District delivery services and for additional administration, operation, and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant_ 11. Chime of Use; The District reserves the exclusive right to review, re -approve or disapprove any proposed change in use (Attie water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract, 12, Use and Place of Use: Applicant agrees to use the water in the mariner and on the property described in the documents submitted to the District at the time this Contract is executed, or in any operation and maintenance agreement provided by Applicant_ Any use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, shall be deemed to be a material breach of this agreement. 13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal fee title interest in or to any water or water rights referred to herein. 14. Consetvatio0j Applicant shall use commonly accepted conservation practices with respect to the water and water rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 15. ,Restrictions: Applicant shall restrict actual diversions to not exceed the contract amount for ordinary household purposes, the watering of domestic livestock, fir protection, and the irrigation of lawn and garden as specified in the Application. Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Watering of livestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless Applicant obtains approval from the Colorado Division of Water Resources for commercial use livestock watering, provided that in no event shall actual diversions exceed the amount of water provided by this Contract Violation of this paragraph 15 shall be deemed to be a material breach of this Contract. 16, Well. Permit: If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well permit before District is obligated to deliver any water hereunder. 17. Meesurang. Device or lJ ter; Applicant agrees to provide, at its own expense, o measuring device deemed acceptable by the District's Engineer after consultation, or a totalizing flow meter with remote readout to continuously and accurately measure at all times all 4 water diverted pursuant to the terms of Applicant's water right and the terns of this Contract. Applicant agrees to provide accurate readings frons such device or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result in legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. By signing this Contract, Applicant hereby specifically allows District, through its authorized agent, to enter upon Applicant's property during ordinary business hours for the purposes of determining Applicant's actual use of water. 18. Repr'tions: By executing this Contract, Applicant agrees that it is not relying on any legal or engineering advice that Applicant may believe has been received from the District_ Applicant further acknowledges that it has obtained all necessary legal and engineering advice f►oun Applicant's own sources other than the District. Applicant further acknowledges that the District makes no guarantees, warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this Contract. Should the District be unable to provide the water contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund frons the District. 19. urt Fi1' n • a.►.. • .:14.1t. y► ...' �1 _' tan: Should the District, in its own discretion, choose to include Applicants Contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceedings. Applicant shall be assessed a pro -rata share of the total cost incurred by the District in preparing, filing and pursuing to decree the water court case. The pro -rata share shall be calculated by dividing such total cost by the number of contracts included in the filing_ To the extent that the District is caused additional costs because of objection filed specifically due to the inclusion of Applicant's Contract in the filing, such additional costs may be charged specifically to Applicant and not shared on a pro -rata basis by all contractees. 20. Binding Agreement. This agreetnent gall not be complete nor binding upon the District unless attached hereto is the form entitled "Application to Lease Water From West Divide Water Conservancy District' fully completed by Applicant and approved by the Districts engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement All correspondence from the District to Applicant referring to or relating to this agreement is by this reference incorporated into this agreement as further terms and conditions of this agreement. 21. Waning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT IS THE CONTINUING DUTY OF TILE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, TILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. 22. AREA a, cONTRAGTS IF APPLICANTS WELL OR OTHER WATER RIGHT THAT IS THE SUBJECT OF THIS CONTRACT IS LOCATED OUTSIDE 'AREA A" AS DESIGNATED BY THE DISTRICT, TI -TEN THIS PARAGRAPH APPLIES: THE AUGMENTATION WATER PROVIDED BY THE DISTRICT UNDER THIS CONTRACT MAY ONLY PROTECT APPLICANT'S WATER RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER SENIOR RIGHT, NO REPRESENTATION OTHERWISE IS MADE I3Y THE DISTRICT_ IF THIS ISA CONCERN TO APPLICANT, THIS CONTRACT MAY BE RESCINDED UPON WRITTEN NOTICE DELIVERED TO THE DISTRICT BY THE APPLICANT WITHIN THE NEXUSLPAY1 FOLLOWING THE AFFIXING OF SIGNATURES ON THIS CONTRACT IN WHICH EVENT ALL SUMS PAID BY APPLICANT FOR THIS CONTRACT SHALL BE IMMEDIATELY REFUNDED TO APPLICANT. Applicant STATE OF eZli ) ss. COUNTY OF The foregoing insn-ument was acknowledged be ur le5 STATE OF Applicant day of A v__Aa. 20 \) , by 2 3-\ seal. My commission expires: ) ss. COUNTY OF The foregoing instrument was acknowledged before me on thisday of 20 , by Witness my hand and official seal. My commission expires! Notary Public Notary Public ORDER After a hearing by the Board of Directors of the West Divide Water Conservancy District on the Application, it is hereby ORDERED that said Application be granted and this Contract shall be and is accepted by the District_ WEST DIVIDE WATE ONSERVANCY DIST CT By President Date This Contract includes and is subject to the terms and conditions of the to] lowing documents which roust accompany this Contract: 1. Map showing location of point of diversion (use map provided) 2. Application arid Data Form hilly completed and signed The priated portions of this form, except differentiated additions or deletions, have been approved nod ochopted by the Welt Divide Woks- Cotmeryancy Dwrrkta Form: wcrwo) OI -o1-08 CONTRACT. WATER WELL SHARING AND MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered into on this day of , 2011, by and between Charles A. Bagley ("Chuck") and George E. Bagley ("George"). WHEREAS, George owns Lot 1 and Chuck owns Lot 4 of the Dutch Major Subdivision Exemption according to the Dutch Subdivision Exemption Plat recorded on , 2011 as Reception Number in the real estate records of the Garfield County, Colorado Clerk and Recorder's office. Lot 1 and Lot 4 are collectively referred to as the "Lots." WHEREAS, the current owners of the Lots and their successors in interest are to be the joint owners of a water well constructed under Colorado Division of Water Resources Well Permit No. 1172 (the "Well") and shall be joint owners of the water well and casing as constructed and installed and of the water to be diverted by said well system for providing domestic use on the respective properties of the parties; and WHEREAS, the Well and casing and pump shall be utilized by said owners as a lawful water right; and WHEREAS, the Well and water system required is drilled and completed and will require continuing maintenance and operation, the costs of which must be borne by the owners and users thereof; and WHEREAS, said owners as parties hereto desire to enter into this Agreement for the purpose of clarifying respective rights and duties and establishing recorded non-exclusive easements and procedures for jointly operating the Well and delivering water to the Lots, for providing a method for equitably dividing the water derived from operation of the system, and for equitably allocating the shared payment of costs of operation and maintenance of the water well and its pump and other structures by all of the parties. NOW THEREFORE, in consideration of the mutual obligations, promises, and covenants set forth herein, and the due performance thereof, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, including but not limited to the acceptance of the benefits and detriments deriving herefrom, the above-named parties agree as follows: 1. Each of the respective owners of Lot 1 and Lot 4 shall be deemed to own an undivided one-half (1/2) share of the subject well permit, Well, pump, fittings at the well head, meters (whether existing now or to be installed at a later time), pump house, foot valves, and any pipes or pipelines and any other structures which are jointly used. 2. No owner of the Lots are deemed to have any ownership right in and to any pipe, pipeline or other structure used or required solely by the owner of another of the Lots which may utilize any portion of the water flowing from this water well and its structures. This Agreement does not intend to relate to such individually owned or used rights or structures. Nothing in this Agreement shall be construed to give any party any rights to such non -shared property of other parties nor to obligate any party to pay any costs associated with non -shared structures. 3. The parties shall cooperate with each other at all times in all matters necessary to promote the proper construction, completion and functioning and use of the water system in such manner as to provide to their respective uses an optimum water supply on demand at all times possible based upon the natural availability of water. The parties agree to not waste water and to endeavor to use no more than their respective shares of the available water. Waste or over -use shall be deemed to be a material breach of this Agreement for which the non -defaulting party may seek remedy at law or equity for damages or for injunctive relief, or both. Unless otherwise agreed by each owner, no owner of one of the Lots shall use more than one-half (1/2) of the water legally allocated to the well. In the event the water physically available from the well is less than the legally available amount, then each owner shall proportionately reduce the consumption of same to one-half (1/2) the amount actually available. In no event shall the well be pumped at a rate exceeding the permitted amount. Any household use of the well water must provide for return flow through an individual sewage disposal system of the non -evaporative type, returning the water to the watershed in which the well is located. 4. The actual and continuing costs of operation, maintenance, extension, upgrading, cleaning, repairing and all other work required on shared components of this water system to cause the water at the well to become and remain available to deliver water to the parties shall be shared by the parties in proportion to their share in the Well. This Agreement shall relate only to costs incurred after the date hereof. Electrical charges for the operation of the Well and any augmentation water, if necessary, shall be shared equally. 5. Subject to the provisions in paragraph 4, above, any party who has been using water from this system and at any time elects not to share in costs, necessary repairs, maintenance, replacement, and similar requirements which are necessary to maintain the water well and deliver the subject water, shall not receive water from the system. At such time as said electing party chooses to resume use of water from the system said party may do so upon reimbursement to the other user the full cost of said party's share of such expenditures with legal interest retroactive to the expenditure date. 6. The owners agree to cooperate in the future maintenance, operation, repair, replacement or improvement of all common facilities. In the event the owners are unable to agree on any required maintenance, repair, replacement or improvement, any owner shall be entitled to undertake the minimal maintenance, repair, replacement or improvement necessary and essential for proper functioning of the common facilities. In the event an owner determines to undertake such work unilaterally, such owner shall notify the other owner in writing. The owner undertaking the work shall, upon completion, provide the other owner with a written statement of work performed and the other owner's proportionate share of the cost of same. In the event an owner fails to pay the proportionate share of any amount due within thirty (30) days after presentment, the owner which has paid such cost and expense shall be entitled to pursue any remedy available at law or in equity for a breach. The court, in its discretion, may award to the 2 prevailing party court costs and attorney's fees incurred. 7. The owners of the Lots hereby grant and dedicate across that portion of Lot 1, Dutch Subdivision Exemption, designated on the final exemption plat thereof, as necessary and sufficient for this Agreement to be performed for the benefit of the respective owners of Lots 1 and 4, as users of the shared well, pump, and common pipeline and treatment system, and also grant a non-exclusive easement for non-shared or individual pipelines conveying water to the respective Lot over and across the easement. Said Easement shall be twenty (20) feet in diameter, the center of said Easement being the well as constructed and existing on the date hereof. The Owners of the Lots shall not install any improvements in the easement area that may affect the use and operation of the well and pipelines including but not limited to structures of any kind, trees or other landscaping other than grass or easily removable and replaceable landscaping. 8. Each party agrees to not interfere at any time with the proper use by any other party of its interest in any water structure and shall indemnify and hold harmless all other parties and users from any loss or damage or injury caused by the acts of said indemnifying party. 9. This Agreement shall be binding upon and inure to the benefit of the parties, their heirs, devisees, executors, administrators, assignees, transferees, and successors in interest, and the easements and covenants granted or agreed to herein shall be deemed to run with the land and shall encumber the land of each party for the benefit of the properties of the parties as described herein. Upon execution by the parties, this Agreement shall be recorded in the records of the Garfield County Clerk and Recorder's Office, and shall run with the lands identified herein. 10. This Agreement embodies the entire and complete agreement of the parties on the subject matter herein. No promise or undertaking has been made by any party, and no understanding exists with respect to the transaction contemplated, except as expressly set forth herein. All prior and contemporaneous negotiations and understandings between the parties are integrated and merged into this Agreement. 11. This Agreement may be amended from time to time by a written instrument executed by the owners of the Lots. 12. The laws of the State of Colorado shall govern the validity, effect and construction of this Agreement. IN WITNESS WHEREOF, the parties have signed this Agreement on the date stated above. Charles A. Bagley George E. Bagley 3 STATE OF ) ss. COUNTY OF The foregoing instrument was acknowledged before me on this day of 2011, by Charles A. Bagley. Witness my hand and official seal. My commission expires: STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Notary Public The foregoing instrument was acknowledged before me on this day of , 2011, by George E. Bagley. Witness my hand and official seal. My commission expires: Notary Public 4 Soil Hazard Profile, Study Areas 1 ,2, & 3, Garfield County, Colorado Legend Soil Hazard COAL MINE MAJOR len MODERATE �•��• Extent of Geo ogic Sludy inoM1 equals 28 miles DEFINITION OF TERMS MODERATE SOIL HAZARD: AREA OF MODERATE HAZARD, SUCH AS SOME SUBSIDENCE P505 - LEMS INVESTIGATION INCLUDES DETAILED GEOLOGIC STUDY. TEST DRILLING, AND LABORATORY ANALYSES. GEOPHYSICAL OR REMOTE SENSING METHODS MAY BE USEFUL. MITIGATION USU- ALLY INVOLVES SPECIAL SITING AND DESIGN, MAJOR 501L HAZARD: AREA OF MAJOR HAZARD, SUCH AS OUTCROPS Of CORROSIVE, SUBSIDING. EVAPORITE ROCKS. INVESTIGATION INCLUDES DETAILED GEOLOGIC STUDY, INTENSIVE TEST DRILLING, AND SOILS ANO CHEMICAL TESTING. GEOPHYSICAL AND REMOTE SENSING WORK AND OFFICE ANALYSIS. MITIGATION WILL INVOLVE SPECIAL SITING, DESIGN AND USE LIMITATIONS, AVOIDANCE USUALLY HIGHLY ADVISABLE COAL MINE ACTUAL EXTENT OF HAZARD UNKNOWN. MUST BE INDIVIDUALLY EVALUATED. Gr81 wood Ings Parachute m 0 Carbontla '------------•--- MESA CO PITKIN CO MAP 23 Rio BLANCO CO DEFINRION OF TERMS MODERATE SLOPE HAZARD: AREA OF MODERATE HAZARD. SUCH A5 SOME DEBRIS FANS AND MINOR ROCKFALL AREAS. DETAILED GEOLOGIC INVESTIGATION SHOULD ACCOMPANY AN ENGINEERING STUDY. INCLUDING TEST DRILLING, SIMPLE STRENGTH TESTS, GROUNDWATER EVALUA- TION, AND STABILITY ANALYSIS. MITIGATION I5 USUALLY POSSI- OLE, BUT WILL USUALLY BE EXPENSIVE AND MAY INVOLVE LARGE- SCALE CONSTRUCTION WORK. SPECIAL SITING MAY BE HELPFUL. MAJOR SLOPE HAZARD: AREA OF MAJOR HAZARD. SUCH AS ACTIVE LANDSLIDE. INVESTI- GATION INCLUDES GEOLOGIC STUDY, INTENSIVE DRILLING. ANO SOPHISTICATED STRENGTH TESTING, STABILITY ANALYSES, AND MONITORING OF SOIL. ROCK. AND GROUNDWATER CONDITIONS. MITIGATION MAY BE POSSIBLE. BUT WILL PROBABLY BE EXPEN- SIVE, REQUIRE SPECIAL SITING, AND WILL INVOLVE SOME RISK. AVOIDANCE MAY BE RECOMMENDED FOR PROJECTS OF LOWER ECONOMIC VALUE. Slope Hazard Study Areas 1, 2, & 3, Garfield County, Colorado 1 inch equals 2.6 miles SLOPE OSCARS SOURCE' eld County �< , qa Legend Slope Hazard MAJOR Ff,n , MODERATE Extent of Geologic Study Awood O. Carbonda t^ O MAP 2 LO- CH VALLEY ORCHARD LAURA LEE 50801 ANORAMIC MES CEOAP NULLS EAVENLY VIEW VER VIE 115 MINOR RANCH Flood Plain, Vicinity Town of Silt, Garfield County, CO 0 1,250 2.500 5,000 F001 1 inch equals 0.51 miles FLOOD PLAIN PROFILE SOURCE: 1) Federal Emergency Management Agency, Flood Insurance Rate Maps (FIRM), (revised January 3, 1986). 2) Army Corp of Engineers Colorado River Flood Plain Study, prepared in cooperation with the Colorado Water Conservation Board, (revised July 1987). Legend 100 Year Flood Plain DISCLAIMER: This map was produced by Garfield County Geographic Information Services utilizing the Arclnfo Geographic Information System (515). The GIS and its components are designed as a source of reference far answering queries, modeling, and planning. The GIS is nota substitute for official government records maintained by the Planning Department, the County Clerk and Recorders Office. the Assessor's Office, or for any legal descrip- lion information in Inc chain of title. In addition. the representation of 9eogrzp50 locations by the GIS may not be substituted for actual legal surveys. Always refer to We sources cited for Me most current legal docu- mentation utilized in the composition of this map. The information contained herein is believed to be accurate and suitable for the limned uses set fodh above. Ga0eld County makes no warranty as to the accuracy or suitablily of any information contained herein for any Ther purposes. The user spall assume all risk and responsibility for any and all damages, including conse• quenliat damages, which may propagate from the users application of this information. OTA RIDGE EAUMGARDNER Future Land Use Plan 2009 Comprehensive Plan TOWN OF SILT Comprehensive Plan Adopted by the Silt Planning and Zoning Commission August 18, 2009 Land Use NMINeighborhood 1111. Mixed Use/ DOW Restoration Residential Neighborhood Center - Area (gravel mines) - Employment - Downtown Agricultural/Rural5-rogl Recreation - Residential Reserve Kltzn Commercial Walkable Public/Quasi Public Residential ` Parks 8 Open Space a25 0.5 1 inch equals 2000 feet Transportation ---- Existing Road Future road — – Trail —`—r Railroad Jurisdictional/Public Facilities Planning Area Town Boundary ® WaterNvastewater Treatment Plant ® Library Elem. School It Museum Middle School lll���lll (proposed) High School Elem. School (closed) McCool Development Solutions. 1.LC TerraCognitoGlS LAND USE CHART Agricultuii Reserve oco -Nil U",;: Vi,VINVOIVA 0:VE 0144t, ; 1'1 1Ru 1 Residential Zone District: AG -RURAL Provides a setting for generally large -lot single-family housing on a variety of lot sizes. Typically inctudes large parcels of land that are used to cultivate crops and nursery stock, to raise animals and to provide agricultural -related products. Residential development should be clustered to maintain significant areas of open space. o ated near the edge of the community, and sensitive areas such as river corridors, wildlife habitat and natural areas, typically in Growth Tiers 2 and 3. They are intended to serve as a transition between more intense urban land uses and natural features to be protected. Neighborhood Residential Zone Districts: R-1, R-2, and R-3 alkable Residential Zone Districts: R -2R-3 and B-1 Represents the traditional development pattern in the core of the town. Provides a setting for a mixed uses and a variety of housing types ranging from small lot single family homes, duplexes, townhomes, patio homes, and AM.'S (Mother7iii4a*.niths;'et04::, Provides:a setting for--‘01,ii0:6P, housing:choleeS that e4e664 ,.,aiking4ci; gathering plates,:style and conveniences, andithatAre integrated. inr64he — eby the pattern 4ilaT0i0PillOgOgi:A40gtiboitio64 ,c1* provides a focal includes paks. hooIs* igJb�rh�kne— ie*.0•40,441Y4t cothbintiQn 4-4.0 tbOj1POd, Citer 'II of Typically located north of downtown Silt which is close to major arterials, bounded by major streets with a direct connection to downtown internally served by a system of collector and local streets, as well as sidewalks and pedestrian/bike paths.„, Typieally ltC4t0.4e t1le, intersection to eelleeter streer0r,'"4 ;461leetOr 0 Jmik d, are typically *..44ihP4*.16;toionte:, 'ariVe Or a 110*.$1odefromtbecoe/ 44dfnOn4eSidenti4.1.1147.0.04! 1elete(400etibe;ektdttal or ctvi (that *40,wit1t waki distance of one .,anOther.);:t.';:;., Silt, consstIng of a olitiiit4to.'4'; cottititCreadiStriot:wi,ltW, complementary residetitiat:(iiteluding ADTis) primartlY,Ortertte . to mp,14, Street and, 1.7(); 2009 C omp rehensiv ePlau tI�narirW roada.Orit1. : jejnferSectiOn of two eelleetor:' „ ileetor'anOitrarteriat (it *0 arterial id Street (State Highway' dthe rail road Downtown shOtild be expanded in the future along Main Street item 9t4 Streqte 5th (feet; and OM FrOn't Street in Grand Avenne. Special attention. should be :paid to design at build -out to ensure buildings and uses are visible and easily accessible to highivay,traffic but Maintain provisions for pedestrian use (bicycle and on foot). 14 Growth & Community Character Map Tour n: of S 2009 Comprehensive Plan TOWN OF SILT Comprehensive Plan Adopted by the Sitt Planning and Zoning Commission August 18, 2009 Growth Priority Tiers Tier One Tier Two Ter Three Planning Area Town Boundary Natural Resources Framework Trail 0.25 0.5 1 inch equals 2,000 feet 1-70 Employment Corridor MS 6824 Corridor Colorado River Corridor Elem. School Middle School M (proposed) High School Elem. School E (closed) Prominent Gateway Gateway Regional Attraction ® Water/Wastewater Treatment Plant MCCooi Development Solutions, LLC TerraCognitoGlS RIO BLANCO CO 53 ti 282 V ------..-t Septic System Septic System Constraints Constraints, Garfield County, High Water Table Slow Perc Rate Colorado Solution Evaporite Minerals 0 1 2 4 Miles 0.....• Extent of Geologic Study 1 inch equals 3.4 miles SEPTIC SYSTEM CONSTRAINTS SOURCE DISCLAIMER: i) "Geologic Hazards Identification Study", Lincoln-Devore Testing ms map was produced by Garfield County Geographic Information sereces uui- Laboratory,prepared under the supervision of the Colorado Geologic zing the aclnf°Geographic Information System PS). The GIs and ns components Survey (1975-76). am designed as a source of reference for answering guides, modeling. and darning. The GS is not a substitute for omdal government records maintained by the Planning N Department, the County Clerk and Recorders Office, the Assessor's Office, or for any legal description info matron in the drain of tide. In adrifon, the representation of goo graphicbcetons by the GIS may not be substituted for actual legal surveys Always refer. the sources cited for the most current Iegil documentation utilized n the mm i'A Garfield County Wd E potii°°ofthis map. Orf the information contained herein is 'Aimed .beaccurate and suitable for Melini- ted uses sot forth above. Garfield County makes no warranty as to the accuracy a sii.blity of any information contained herein for any other purposes. The user .all Summed abniss COLI w: S assume all risk and responsibility for any and all damages, including conseq uential 1:1ComprehensivePlan121sepgc Revision 7: 6-14-07 damages, whim may propagate from me user's application of this information ..------------I f • • • 242 f"1 __r:� New Castle 240 1 13'r uim.rmn+ 374 rt=rr=rr=r� i =11_1 ••••••••••• •••••••••••11•111=11111 .r-YU-memeem.r_r._rrmr 1 1 1 1 1 •Ormumumnmumumum =lemma: 1 1 1 1 1 t 1 —, �ry X26 INNIS 11=••=•111111111 0) r m r'rr MS% 17 -MESACOC, PITKIN -CO- - -- ----- t 24 Carbondale \ l• =IN =111INLI 7 ;� MAP 2/ ASG ACH VALLEY ORCHARD LAURA LEE SUBDII ISION PANORAMIC MES DUNS 0 MINOR tto UNRISE •11t CEDAR HILLS DR oaCIRAoEAVENLYVIEW PEACH VAL EY ACRES FRO T ST Oh, VER VIEW RANCH GIOMI L•.. ••�•.�..�• 1 •`i • 04, • • • MINEOTA RIDGE 1,•�••�•••=••�••�••�••�••••i HB MINOR OTA RIDGE Flood Plain, Vicinity Town of Silt, Garfield County, CO 0 1,250 2,500 5,000 Feet 1 inch equals 0.51 miles Garfield County Geographic Information Services I:Ifloodplainlsilt1711 Revision 2: 2-26-03 FLOOD PLAIN PROFILE SOURCE: 1) Federal Emergency Management Agency, Flood Insurance Rate Maps (FIRM), (revised January 3, 1986). 2) Army Corp of Engineers Colorado River Flood Plain Study, prepared in cooperation with the Colorado Water Conservation Board, (revised July 1987). Legend 100 Year Flood Plain DISCLAIMER: This map was produced by Garfield County Geographic Information Services utilizing the Arclnfo Geographic Information System (GIS). The GIS and its components are designed as a source of reference for answering queries, modeling, and planning. The GIS is not a substitute for official government records maintained by the Planning Department, the County Clerk and Recorders Office, the Assessor's Office, or for any legal descrip- tion information in the chain of title. In addition, the representation of geographic locations by the GIS may not be substituted for actual legal surveys. Always refer to the sources cited for the most current legal docu- mentation utilized in the composition of this map. The information contained herein is believed to be accurate and suitable for the limited uses set forth above. Garfield County makes no warranty as to the accuracy or suitablity of any information contained herein for any other purposes. The user shall assume all risk and responsibility for any and all damages, including conse- quential damages, which may propagate from the user's application of this information. IN g `BAUMGARDNER RAPIDS RIO BLANCO CO 25 -----------------r DEFINITION OF TERMS MODERATE SLOPE HAZARD: 292 as 219 AREA OF MODERATE HAZARD, SUCH AS SOME DEBRIS FANS AND MINOR ROCKFALL AREAS. DETAILED GEOLOGIC INVESTIGATION SHOULD ACCOMPANY AN ENGINEERING STUDY, INCLUDING TEST DRILLING, SIMPLE STRENGTH TESTS, GROUNDWATER EVALUA- TION, AND STABILITY ANALYSIS. MITIGATION IS USUALLY POSSI- BLE, BUT WILL USUALLY BE EXPENSIVE AND MAY INVOLVE LARGE- SCALE CONSTRUCTION WORK. SPECIAL SITING MAY BE HELPFUL. MAJOR SLOPE HAZARD: AREA OF MAJOR HAZARD, SUCH AS ACTIVE LANDSLIDE. INVESTI- GATION INCLUDES GEOLOGIC STUDY, INTENSIVE DRILLING, AND SOPHISTICATED STRENGTH TESTING, STABILITY ANALYSES, AND MONITORING OF SOIL, ROCK, AND GROUNDWATER CONDITIONS. MITIGATION MAY BE POSSIBLE, BUT WILL PROBABLY BE EXPEN- SIVE, REQUIRE SPECIAL SITING, AND WILL INVOLVE SOME RISK. AVOIDANCE MAY BE RECOMMENDED FOR PROJECTS OF LOWER ECONOMIC VALUE. 228 Slope Hazard Study Areas 1,2,&3, Garfield County, Colorado 0 2 a Miles 1 inch equals 2.8 miles SLOPE HAZARD SOURCE: 1) "Geologic Hazards Identification Study", Lincoln-Devore Testing Laboratory,prepared under the supervision of the Colorado Geologic Survey (1975-76). Garfield County Geographic Warp) ua Services g:lplanlmapset122slopehaz Revision 4: 2-6-02 W *+-E Legend Slope Hazard MAJOR limmi MODERATE Extent of Geologic Study DISCLAIMER: This map was produced by Garfield County Geographic Information Services utili- zing the Arcinfo Geographic Information System (GIS). The GIS and its components re designed as a source of reference for answering queries, modeling, and planning. The GIS is not a substitute for official govemment records maintained by the Planning Department, the County Clerk and Recorders Office, the Assessor's Office, or for any legal description information in the chain of title. In addition, the representation of geo- graphic locations by the GIS may not be substituted for actual legal surveys. Always refer to the sources cited for the most current legal documentation utilized in the com- position of this map. The information contained herein is believed to be accurate and suitable for the limi- ted uses set forth above. Garfield County makes no warranty as to the accuracy or suitablity of any information contained herein for any other purposes. The user shall assume all risk and responsibility for any and all damages, Including consequential damages, which may propagate from the users application of this information. I&wood ngs i 11 1=1 ■1-114 312 350 B 19 345 I -I 1 1 1 1 1 1 1 4 nl�nl�ul�n�u�ul�nl�.u�..l�n�u Vl r- ^nl Carbondal -. - - - MESACO ) PITKIN CO- - - - i Tu ■I rMI1 IMl�iiMR_..L.._. MAP 22 RIO BLANC_O_.CO 1 DEFINITION OF TERMS MODERATE SOIL HAZARD: AREA OF MODERATE HAZARD, SUCH AS SOME SUBSIDENCE PROB- LEMS. iNVESTIGATION INCLUDES DETAILED GEOLOGIC STUDY, TEST DRILLING, AND LABORATORY ANALYSES. GEOPHYSICAL OR REMOTE SENSING METHODS MAY BE USEFUL. MITIGATION USU- ALLY INVOLVES SPECIAL SITING AND DESIGN. MAJOR SOIL HAZARD: AREA OF MAJOR HAZARD, SUCH AS OUTCROPS OF CORROSIVE, SUBSIDING, EVAPORITE ROCKS. INVESTIGATION INCLUDES DETAILED GEOLOGIC STUDY, INTENSIVE TEST DRILLING, AND SOILS AND CHEMICAL TESTING, GEOPHYSICAL AND REMOTE SENSING WORK AND OFFICE ANALYSIS. MITIGATION WILL INVOLVE SPECIAL SITING, DESIGN AND USE LIMITATIONS, AVOIDANCE USUALLY HIGHLY ADVISABLE. COAL MINE: ACTUAL EXTENT OF HAZARD UNKNOWN, MUST BE INDIVIDUALLY EVALUATED. . u �ut•n-n-■•_.. -.. _up•nt•ut• a-ul 210 292 226 Qs ■■_u_■■1•n_u_u1•n 265 1 1 ..1...1••..1... _..1...1...1...1•_.! =I.• 0 O• =■■1•■■Mil■ • 0 350 322 02 9 3 9 214 it =•.l ,II ,II SII ,II ,II SII, ■ New Castle 33 • 96 • 312 1 1 1 11 1 1 1 1 1 3?B 345 Soil Hazard Profile, Study Areas 1,2, & 3, Garfield County, Colorado 0 1 2 1 inch equals 2.8 miles SOIL HAZARD SOURCE: 4 Miles 1) "Geologic Hazards Identification Study", Lincoln-Devore Testing Laboratory,prepared under the supervision of the Colorado Geologic Survey (1975-76). Garfield County Geographic Infwmauan Services g:lplanlmapset123soilhaz Revision 4: 2-6-02 E Legend Soil Hazard ▪ COAL MINE ▪ MAJOR MODERATE Extent of Geologic Study DISCLAIMER: This map was produced by Garfield County Geographic Information Services utili- zing the Arclnfo Geographic Information System (GIS). The GIS and its components are designed as a source of reference for answering queries, modeling, and planning. The GIS is nota substitute for official government records maintained by the Planning Department, the County Clerk and Recorders Office, the Assessor's Office, or for any legal description information in the chain of title. In addition, the representation of geo- graphic locations by the GIS may not be substituted for actual legal surveys. Always refer to the sources cited for the most current legal documentation utilized in the com- position of this map. The information contained herein is believed to be accurate and suitable for the limi- ted uses set forth above. Garfield County makes no warranty as to the accuracy or suitablity of any information contained herein for any other purposes. The user shall assume all risk and responsibility for any and all damages, including consequential damages, which may propagate from the user's application of this information. Gl*j►wood t pkings 4 • III D !om 0 �•I'II'II'II't 06 Carbondale •- MESA CO PITKIN CO _..=.■1.._..J .. ..—..—.. �u�•• .••tea 53 MAP 23 KERST & ASSOCIATES, P.C. ATTORNEYS A PROFESSIONAL CORPORATION ATTORNEYS AT LAW DAN KERST dan@kerstlaw.com KELLY CAVE kelly@kerstlaw.com MATTHEW L. TRINIDAD matt@kerstlaw.com Glenn Hartmann, Senior Planner Garfield County Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 823 BLAKE AVENUE, SUITE 202 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-2447 FACSIMILE: (970) 945-2440 September 22, 2011 PARALEGAL ELISABETH GETZEN egetzen@kerstlaw.com nd Delivery Re: Dutch Major Subdivision Exemption Application File #: 13819 Dear Glenn: In response to your incomplete letter dated July 25, 2011, we are submitting the following supplemental information for the Dutch Major Exemption. 1. Access to Utilities. The property borders County Road 233 (Silt Mesa Road) to the north and County Road 229 to the east. County Road 233 has natural gas, electricity and telephone services. County Road 229 has electricity. Three of the four lots have a boundary line with one or both of these roads. Lot 3 has an access and utility easement over Lot 4 to provide services from County Road 229. Propane is often utilized in this area. The Applicant proposes to use propane for the southern lots. Landline telephone services are no longer essential with cell phone or internet phone availability. If the County requires that the southern lots must have access to natural gas and/or telephone services, the property owners are willing to add a utility easement on the eastern boundary of the property adjacent to County Road 229, either in the prescriptive right of way easement or adjacent. If required, the Plat can be amended to include the utility easement prior to final approval. 2. Driveways and Parking. Lot 1's driveway is depicted on tie Plat. Lot 2's proposed driveway will be twenty feet (20 ft.) north of the twenty foot irrigation ditch on the eastern boundary. There is an existing driveway for the current dwelling on Lot 4 and Lot 3 will gain access over the southern portion of Lot 4 on the access and utility easement. With lot sizes from 6 to 20 acres, parking is more than adequate and the applicants would like to allow future owners the right to determine the specific location of any parking as needed. 3. Water Lines. Water for Lots 1 and 4 will be shared in accordance with the Well Sharing Agreement previously provided. The water lines will be over Lot 1 in the 20 foot Well and Waterline Access & Maintenance Easement as depicted on the Plat. The applicants would like to reserve flexibility for future owners on the location of the water lines on their respective lots outside of said Easement. September 22, 2011 Page 2 4. Additions to Plat. ` The surveyors updated the Plat with additional information on utilities. 5. Wastewater and County Maps in Color. Attached is the Septic Constraint map in color from the County website. There are no constraints for this property. As previously mentioned, two lots have septic tanks and leach fields. The applicants intend to use similar systems for the other two lots. Also attached are color maps of the County's floodplain, slope hazard, and soil hazard maps. 6. Pump Tests. Domestic wells serving the new lots will have the required pump tests prior to final approval. 7. Well Permits. Attached are the well permits requested. 8. Access and Utility Easement. Attached is a draft of the proposed Access and; Utility Easement. 9. Utilities and Improvements Agreement. As discussed in paragraph one above, utilities are accessible for all lots. Applicants do not believe that an Improvements Agreement is required for this major exemption. 10. Fire Protection. As previously provided, the property has sufficient irrigation water available. Lot 1 has a pond as depicted on the plat. Currently, there are two dwellings on the property, and the exemption is not a substantial increase in fire protection requirements. The property is located within the boundaries of the Burning Mountain Fire Protection District. Furthermore, the property is located approximately one mile northeast of the Town of Silt so we do not believe that the risk of fire is significant enough to require a storage tank since the emergency crews will be able to access the property in a timely manner from County roads. As discussed in paragraph 11 below, the County previously approved of an exemption for this property, and therefore, we believe that the fire protection issue is not significant since restrictions were not placed on the exemption in the past and the risk as described herein appears minimal due to adequate access to the property from County roads. 11. Legal Description and 1982 Exemption. The applicants have an abstract that provides history of the property back to 1891. Portions of the abstract are attached. Lot 1 is the Northeast quarter of the Northeast quarter of Section 5 in Township 6 South of Range 92 West of the Sixth P.M. Also attached is Resolution 82-68 which granted George and Dorothy Bagley a right to split the property into a 46 acre parcel and two 2 acre parcels. Since the property remains fifty plus acres, the prior approved exemption parcels were never deeded to new owners, and therefore, the 1982 exemption should be rescinded. If the prior exemption parcels were not deeded out, the property was never officially split and as such, this exemption is allowed. With this prior exemption approval, there is evidence that the County has reviewed this property in the past and determined that an an exemption is reasonable with available utilities and fire protection. September 22, 2011 Page 3 Please contact me if you have any questions in regards to the application or need any additional information. Yours very truly KELLY CAVE xc. Chuck Bagley (w/o enclosures) George Bagley (w/o enclosures) Shawn Binion (w/o enclosures via email) WU-5-69 . , DIVISION OF WATER RESOURCES, DEPARTMENT OF NATURAL RESOURCES A' ,-101 Columbine Bldg., 1845 Sherman Street, D nver, Colorado 80203 , n • -) i / A PERMIT TO E GROUND WATER : \ --- (: 6.,Ite,,,z,.: • /-X/ A PERMIT TO CONSTRUCT A WELL .7,-, -4. tpt.• , •k'. APPLICATION FOR: / . / REPLACEMENT FOR NO. ' s , ,,, -7 A PERMIT TO INSTALL A PUMP . k,; :.-4) •.: ,•,,, / / OTHER PRINT OR OR TYPE APPLICANT a r 40ce Street Address City & State /17Z. / Z„z Use of ground water Owner of land on which well is located Owner of of irrigate land * Number of acres to be irrigated Legal description of irrigated land Other water rights on this land Aquifer (s) ground water is to be obtained from Storage capacity ANTICIPATED PUMPING RATE AC AVERAGE ANNUAL AMOUNT OF GROUND WATER TO BE APPROPRIATED Acre-feet ESTIMATED WELL DATA Anticipated start of drilling 1 9 Z( Anticipated start of use 9 V Hole Diameter: AF GPM LOCATION OF WELL COUNTY 62..ctfizzi of the iv( sec. T. '6‘.• R. e7-2 , P.M. Street or Lot & Block City or AySubdiv. Filing Ground Water Basin Water Management District Casing: Plain LOCATE WELL ON THE BACK OF THIS SHEET No. 7i Driller Driller's Address James Stoneman 1 Rifts, Colorado 816& Le . nature of App !cant OJE-A.EPROVAL NO. GW,Laz in. from 6 ft. to . /DO ft.. APPLICATION APPROVED: in. from ft to ft, VALID FOR ONE (1) YEAR AFTER DATE ISSUED UNLESS EXTENDED FOR GOOD CAUSE SHOWN TO THE ISSUING AGENCY in. from ft. to ft.PERMIT 4 7 4 6 6 CONDITIONAL L___J in, from ft. to ft. NO. JUL 1 6 1971 DATE ISSUED in. from ft. to/ ft. in, from ft. to ft. ESTIMATED PUMP DATA -nDRFA2.1,1,Csto-.14. Outlet Type HP Size APPLICATION MUST BE COMPLETED SATISFACTORILY BEFORE ACCEPTANCE cr.„. STATE ENG BY (OVER) 1 THE LOCATION OF THE PROPOSED WELL SHALL BE SHOWN ON THE DIAGRAM BELOW WITH REFERENCE TO SECTION LINES OR GOVERNMENT SURVEY CORNERS OR MONUMENTS. feet from (North or South) section line feet from (East or West) section line IF WELL IS FOR IRRIGATION, THE AREA TO BE IRRIGATED MUST BE SHADED OR CROSS -HATCHED, This diagram represents nine (9) sections. Use the CENTER SQUARE (one section) to indicate the location of the well. 1 Mil¢. T - + T + -« • 1 + 1 - + ..`. 1 1 + _ _... 1 I + _ 1 - + } + - + -- + - + - + L. + _ + _ + _ + 1 ¢j + - 1 + _ + 1 _ + 1 + 1 + l - + , - -1 _ 1 + -. I 1 i 1 1 t 1 THE SCALE OF THE DIAGRAM IS TWO INCHES UALS ONE -MILE 4s Form C(Rev. ) -1-58/2.5M Applican P.O. Address Quantity applied STATE OF COLORADO APPLICATION FOR,,,USE OF GROUND WATER / - Used for 1 on/at AF or Storage • ."4-j Purposes (lega description of land site.) Total acreage irrigated and other ESTIMATE Hole size;:, ATA OF WE 11. to .in. to County Rge. IIJ MAY 1 3 1958 GROUND WATER SECT. TANATION OF WELLcoLoRADo • # ,(7 STATE ENGINEER A I , Sect. Twp. 65 P. M. OR s N, ui Sr Street Address or Lot -& 131bck No. Casing: Plain Pert. from from from fro PUMPS7r- (-Type, rsepower, Use initiation date ft. t. Discharge .(Use Supplemental Supplemental pages for additio • size. THIS APPLICATION APPROVED NO. jj DATE 191 Town or Subdivision d T- I N VIA E $25. 00 fee required for Industrial, Commercial or Irrigation uses. Applicant : Agent t i VIA E $25. 00 fee required for Industrial, Commercial or Irrigation uses. Applicant : Agent WRJ-5-66 STATE OF COLORADO A PERMIT TO USE GROUND WATER APPLICATION FOR: A PERMIT TO CONSTRUCT A WELL L/ OTHER Application must be completed satisfactorily before acceptance APPLICANT PRINT OR TYPE Street Address rt 130 x City & State r l �, .P , frt 4. 6 Use of ground water 't" /; (VIA Ten( - Owner of land on which well is located Number of acres to be irrigated Legal description of irrigated land Other water rights on this land Driller Owner of irrigated Driller land Address COUNTY LOCATION OF WELL 4h4iAe sec. 7.g , MAY, 11i 19G/1 L�7 MINI TP SECTMINX STATE OMER - Ground Water ¢assn Water Management District USE DIAGRAM ON THE BACK OF THIS SHEET_ TO LOCATE WELL. Aquifer ) ground water is to be obtained from ESTIMATED WELL DATA Est. quantity of ground Est. Max. Yield Est. average annual i used in acre-feet Storage capacity water to be claimed: 'Al- GPM or CFS unt to be AF Anticipated start of drill ingakka1194 Hole Diameter: in. from in. from Q Casing: Plain �In. in. Perfin. in. f ram from from from ft. to "C) ft. ft. to ft. ft. ft. Cle9 ft. ft. PUMP DATA: Type HP to % 0 ft. to ft. to/cc ft. to f t . Outlet Size f This application approved ER 30778 sw4 ioz fj�r/ (OVER) CONDITIONS OF APPROVAL This application approved CONDITIONAL PERMIT NO. (Permit good for one (1) year after deite of issuance) DATE ISSUED Chairman Ground Water r4h, ission H THE LOCATION OF THE PROPOSED WELL SHALL BE SHOWN ON THE DIAGRAM BELOW. THE LOCATION WILL BE INDICATED BY THE DISTANCES FROM THE SECTION LINES," OR THE DISTANCE AND BEAR- ING FROM GOVERNMENT SURVEY CORNERS OR MONUMENTS. IF WELL IS FOR IRRIGATION, THE AREA TO BE IRRIGATED MUST BE SHADED OR CROSS -HATCHED. Domestic wells may be located by the following: Lot Block Street Address _ or City Subdivision The diagram represents nine (9) sections. Use the center the location of the well. square (section) to indicate THE SCALE OF THE DIAGRAM IS TWO INCHES E':UALS ONE -MILE GRANT OF ACCESS AND UTILITY EASEMENT This Grant of Access and Utility Easement (the "Agreement") is made this day of , 2011, by and between Charles A. Bagley and George E. Bagley (the "Bagleys"). RECITALS WHEREAS, the Bagleys are the co-owners of certain real property in Garfield County, Colorado described as: Lot 1 Section Five (5), Township Six (6) S., Range 92 W., 6th P.M. also known as 1211 CR 229, Silt CO 81652 (the "Property"). WHEREAS, the Bagleys were granted a major exemption from Garfield County Building and Planning Department for the Property and recorded the Dutch Major Exemption Plat as Reception No. in the records of the Garfield County Clerk and Recorder's Office (the "Plat"), Said Plat is incorporated herein by this reference. WHEREAS, the Bagleys as the owners of Lot 4 of the Dutch Major Exemption as depicted on the Plat ("Lot 4") wish to grant themselves and their successors as the owners of Lot 3 in the Dutch Major Exemption as depicted on the Plat ("Lot 3") an access and utility easement over and across a portion of the southern boundary of Lot 4 as generally depicted as the thirty foot (30') wide Access and Utility Easement on the Plat (the "Access and Utility Easement"). WHEREAS, the Bagleys are owners of Lot 4 wish to grant an exclusive access and utility easement to the Bagleys as owners of Lot 3 for the exclusive use and enjoyment of the Access and Utility Easement subject to the terms and conditions contained herein. GRANT OF EASEMENTS 1. Recitals Incorporated. The foregoing Recitals are incorporated herein and made a part hereof as if fully set forth herein. 2. Grant of Easements. The Bagleys as owners of Lot 4 hereby grant and convey to the Bagleys as owners of Lot 3 an exclusive access and utility easement in, under, over and across Lot 4 as more particularly described and depicted as the Access and Utility Easement on the Plat Lying and being in the County of Garfield and State of Colorado. Said Access and Utility Easement shall be for the purpose of ingress, egress, construction and maintenance of a roadway and utilities. 3. Risk of Use. The owners of Lot 3 will use the Access and Utility Easement at their own risk and will hold the owner of Lot 4 harmless in connection with any such use. 4. Exclusive Easement for Sole Benefit of Property. The owner of Lot 3's use of the Access and Utility Easement is exclusive and shall be used solely for the benefit of Lot 3. 5. Maintenance. If the surface or subsurface of the Access and Utility Easement is disturbed in any manner by the owner of Lot 3 for maintenance of any utility such as telephone, cable television or electric utility lines, the owner of Lot 3 shall restore the surface and subsurface of said property to the same condition as existed prior to any such maintenance or use at the owner of Lot 3's sole cost and expense. 6. No Public Dedication. Nothing contained herein shall be deemed to be a grant or dedication of any rights or use to the public in general or to any public or governmental authority or agency. 7. No Overhead Lines. The owner of Lot 3 shall not install any equipment or utility lines on or over the Access and Utility Easement Area without the prior approval of the owner of Lot 4, which approval shall not be unreasonably denied. 8. Enforcement. This Agreement and the terms, conditions and provisions hereof may be enforced by either of the owners of Lot 3 or Lot 4; and in the event legal or administrative suits or proceedings are brought against any party for the purpose of such enforcement, the prevailing party shall recover from the non -prevailing party all costs associated therewith, including but not limited to reasonable attorney's fees. 9. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties, their heirs, devisees, executors, administrators, assignees, transferees, and successors in interest, and the easements and covenants granted or agreed to herein shall be deemed to run with the land and shall encumber the land of each party for the benefit of the properties of the parties as described herein. IN WITNESS WHEREOF, the Bagleys have executed this Agreement effective as of the day and year first written above. Charles A. Bagley George E. Bagley STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this by George E. Bagley. WITNESS my hand and official seal. My Commission expires: STATE OF ) ss. COUNTY OF day of , 2011, Notary Public The foregoing instrument was acknowledged before me this day of , 2011, by Charles A. Bagley. WITNESS my hand and official seal. My Commission expires: Notary Public Township No....0..S °A Ran ' o92_ .„ ll'est of the Sixth hiiteip 'ij ,..an ow,. ana. .trocttomocr,' .04.1el'Otb riz CctO-cl (.3 4 ' Worist Rea,: a, la te.iltre.,14,e, 141:14:4,7 .wrzy 1Por Woe*Old have kfo ,e.k.womed and .vargral.4 SURVEVOR GENIFIAL*6 OFFICE. Perwr'L'alo /1,.3,- 4,4,6 • • • .. No. _ 2343_ SITUATE IN T 6 V?. 92 W '/. Member of Colorado Title Association and American Title Association g 17 O_e.c, 7/ ' e 0 F> ,>( �2 1 /d ( 0, oz �P J� !Olt / J`telis '' ' /�( reg -- 7a)ZA'"( (I / A 1 �1. zee 4 , ,70,3 0 n 4 (770 >77L'((L uo.71 Doc #37059 QUIT CLAIM DLL % ]Ja.ted Decenber 8,1949 c n ledg d I1eo;ember 12,1949 on w d,for r. d. in Bank .aloe there on . a itt ,be .on in t e`'above d.eserib isnds d7,ecamber '15,1:949 at 11 46 at page 408 thereof . Colorado .00 ng described: .iii. Together wit a to ;ether with any sed upon or in o'clock A.11. and '.ANTY , DEED JOINT TENANTS_ giber 1,1949 y Nota ry ouC}:ty, 00.00 9.35 not in ten - them their forever, all Tp.6 S.R. 92W. 6th P.M. cont - Or 1ess, eu .ect to existing water and road ether with all of he houses, 'buildings and all other provemnts situate thereon. Also, together with any and all ditch and water rig is belonging to, used upon or in connection with said lands, and particularly, 54 shares of water stock in the Farmers' Irrogation Company, Incorporated,evidenced by Cert. #452 for 44 shares and Certificate #652 for 10 shares. First party agrees to -pay current taxes, being for the year 1949 which become due in 1950 and also agrees to furnish an* abstract of t itl to said property. Filed for record December 3,1949 at 8:22 o'clock A.M. and recorded in Boar 24-6 at Page 303 thereof. Pubii Gs: Trustee ,, ld-County, Golorada Charles E.Thomas. RELEASE DEED OF TRUST Dated December 5,1949 Acknowledged December 5,1949 1 before Charles 8..eegaa, Notary Public, Garfield County, Colorado Recites that the note secured by deed of trust, recorded in. Book 240 at Page 255 has been fully paid and satisfied; together with all. charges- and interest thereon. Therefore, at the request for release by The First National. Bank in Rifle, _Colorado, Carl C. e urray, Executive Vice -Presides the legal holder of said indebtedness secured by said deed of Pubi;ic Trustee of • .arfield County, Corrado hereby fnd quit .claims unto Charles EThomasand his heirs and title and interest which he has in and t red in trust in and by Document No.167103 ge aforesaid.` 5,1949- at 10:15 o'clock A.M. and Page -#1,0 thereof STATE OF COLORADO County of Garfield BOOK 595 nr,,E61.6 Recorded of (6:.a-4 o'clock A M. MAR 28 1982 Reception No. 326064 MILDRED ALSDORF, RECORDS? At a regular meeting of the Board of held atthe Court House in Glenwood Springs on Tue s dey March A. D. 19 82 there were present: 'leyen J, cerise Eugene Drinkhouse Larry Velasquez Earl G. Rhodes Leanne Cleland, Deputy when the following proceedings, among others were had and done, to -wit:' RESOLUTION NO, 6o County Comm:;!",i,nets for Garfield County, Colorado, the 23X.Gt..day of , Commoner Chairman Commissioner Commissioner County Attorney , Clerk of the Board A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD 60 REGULATIONS FOR 'GEORGE AND DOROTHYBAGLEY: SUBDIVISION WHEREAS, George and Dorothy Bagley have".petitioned. the Board`cf.County Commissioners of Garfield, County, Colorado, for an exemption from the definition of the terms "subdivision" and "subdivinad land" under C.R.S. 1973,3028-101A10) (a)-,(d),as amended, and:the Subdivision Regulations of.Carfield County, Colorado , adopted January 2, 1979,.Sections 2..02.21 (d) and 3.02:01" for the division o'i:a 50 acre -tract described. as follows: that. parcel,' of_ land as described itt Document--No,.17.0599.as filed in the Office of the Clerkand 'Recorder` of Garfield County, : Colorado into ;3 tracts of: approximately 2.14, 2.14; and approximately:46 acres each, more.ior less, which proposed divided tracts are -more particularly -described as follows: TRACT A: A parcel of land situate in.Lot 1; Section 5, Township 6 South _Range 42 TRACT B: West of the 6th Principal Meridian lying southerly of County Road #233 and westerly of County Road 11229 and more particularly described as follows: Beginning at the northwest corner of said Section 5; thence S.88°27'45"E. 4484.03 feet to the true point of beginning with all bearings contained herein being relative to a bearing of N.89°53'00"E. along the north line of saidSectjon 5; thence N.00°41'00"W.` 114.00 feet to the southerly, right-of-way of County Road 11233;.; thence along said southerly right-of-way N.89°26'00"E. 820.00 feet to a point that intersects •t he east line of Section 5; thence along said east section line of Section 5 5.00°41'00"E. 114.00 feet; thence e oaoo6rn0n.. ° 0.00 feet to the true point of begin- ning. Said parcel of:land contains 2.14 acres more or This land is -subject to any -existing right-of-waysor easements of record or by existing physical location: A parcel ofl.land situate in Lot 1,. Section 5, Township 6 South, Range 92 West of the 6th Principal Meridian and more particularly described as follows: Beginning'at the northwest corner of said'Section 5, thence S.88027'45"E.- 4484.03.feet .to the; true point ofbeginning with all bearings contained' herein being relative. to a bearing of,N:89°53'00"E. along the north line of said Section.5; thence N.89°26'00"820.00 feet to. the east line; of said Section 5; thence along sass.section line -S.00.°41 -'00"E: 11400 feet; thence S:89°26'OO"W. 820.00- feet;.ttence..N00°41'00"W.:114:00 feet. to the true point of beginning. Said parcel of land cointains.2.14 acres more or less. This land is subject to any existing right-of-ways or easements of record or by existing physical location: (in the State of Colorado and County of Garfield); and WHEREAS, the,Petitioners have demonstrated to the satisfaction of the:Board of County Commissioners.of Garfield County, Colorado, that the proposed division does not fall within the purposes of Part 1, Article 28, Title 30, Colorado Revised Statutes, 1973, as amended, -for the reason that the impact created does not warrant further subdivision review, and VA T aJ G ra . ri co E A G G A -_o a1 iD w. aJ N 4-4 cd td -ri t -r .0 'tl - c0 N O. G G N .4-1 O -0 +J N •r1 4-, +J O W. U: • O N W N W b N N 'G •ri 0 b •ry-I M 0 r -I. � tJ 4-4+A.J.•rGi N P. W aJ X Gro 54 N ro . O , u/ ..-1 54 roWW N A 4-1 44 w ,0 •• W G G 4G W r -i G A G. W ^ N 'i1 'd : ) O O 1 a-, •ri W ro b G .-i A .0 _ 4J i G .w G .G G al W w M W '10 •,-14L -r1 W 0 ri a.1 O 4-, +J O •'4 G 1-+ R7 G ? 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