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HomeMy WebLinkAbout1.0 ApplicationSKETCH PLAN OLD ORCHARD SUBDIVISION 44523 HIGHWAY 6 GLENWOOD SPRINGS, COLORADO • • APPLICATION FOR SKETCH PLAN OLD ORCHARD SUBDIVISION 44523 HIGHWAY 6 GLENWOOD SPRINGS, COLORADO APPLICANT: ROC & MARY GABOSSI 44523 HIGHWAY 6 GLENWOOD SPRINGS, COLORADO 81601 SUBMITTED BY: JOHN L. TAUFER & ASSOCIATES, INC. LANDSCAPE ARCHITECTS/LAND PLANNERS P.O. BOX 2271 GLENWOOD SPRINGS, COLORADO 81602 (970) 945-1337 SURVCO, INC. LAND SURVEYORS 826 1/2 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 (970) 945-5945 MARCH 25, 2009 • • • TABLE OF CONTENTS APPLICATION 12 PAGES AUTHORIZATION - OWNERS REPRESENTATIVE 1 PAGE PRE -APPLICATION CONFERENCE SUMMARY 4 PAGES PROPERTY OWNERSHIP 16 PAGES PROJECT SUMMARY 4 PAGES LAND SUITABILITY ANALYSIS 3 PAGES POTABLE WATER 16 PAGES SOILS 10 PAGES SKETCH PLAN MAP 1 SHEET • • GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: www.garfield-county.com 970.384.3470 RECEIVED MAR 2 6 2009 GARFIELD COUNTY BUILDING & PLANNING ❑❑❑❑❑❑tX SUBDIVISION APPLICATION (CHECK THE BOX THAT APPLIES) SKETCH PLAN (optional) CONSERVATION SUBDIVISION PRELIMINARY PLAN PRELIMINARY PLAN AMENDMENT FINAL PLAT FINAL PLAT AMENDMENT / CORRECTION PLAT COMBINED PRELIMINARY PLAN & FINAL PLAT GENERAL INFORMATION (Please print legibly) • Name of Property Owner: F-ov1. /"w(o • Mailing Address: 4 4G. i- }.�wr 4 Telephone: ( ) • City: CArn.aoo4rw- 4 State: Go Zip Code: SA vo 1 Cell: ('l'to) .P)-11 +elle > E-mail address: roc -L.1 .L. a r co w FAX: • Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc): • Mailing rrAddress: Q.e. 1 i 70.4 . t 1 Telephone: (giro ) a e h -t33'1 • City: ttl�.,n.wtmocl State: Go Zip Code_: j►({ro2 Cell: (°t'W) (.4 t2, -o4,91 • E-mail address: J11- 2 t.,o1�n i . v4rFAX: (‘T -to ) `t4 -i 1L • Location of Property: Section K Township 6 Range °to W > Assessor's Parcel Number: Z t '1� 3- v o- 1 1 • Practical Location / Address of Property: k4 ti Z3 • / Le > Current Size of Property tollbe Subdivided (in acres): l'o.1.2 ' • Number of Tracts / Lots Created within the Proposed Subdivision: k Last Revised 12/24/08 • • • GENERAL • INFORMATION'continued... Proposed Water Source: �v. i '1.4AfA .,Jt U (See "Attachment C" to be completed with Preliminary Plan Application) Proposed Method of Sewage Disposal: VG7t2 ey > Proposed Public Access VIA: t-lwl Li Easements: Utility: Lltvcrty Ditch: TOrs.,,,.vtc lr-r v..1. • Total Development Area (fill in the appropriate boxes below): Residential " Units / Lots " Size (Acres) Parking Provided (1) Single -Family A l�o.(-S -1,o. 'L'L IF *luaus - 'L/ �.• � Duplex : l Multi -Family Mobile Home Total A. i...4isvo .'L'L I. 4-1 ..eres Floor Area (sq. ft.) Size (Acres), Parking Provided (2) Commercial (3) industrial (4) Public /Quasi -Public (5) Open Space/ Common Area Total' The following general application materials are required for all types of subdivisions in Garfield County. Application materials that are specific to an individual application type (Conservation Subdivision, Preliminary Plan, etc.) are detailed in Section 5-501 of Article V of the Unified Land Use Resolution (ULUR) of 2008. 1. Submit a completed and signed Application Form, an application fee, and a signed Agreement for Payment form. 2. A narrative explaining the purpose of the application and supporting materials that address the standards and criteria found in Article VII of the Unified Land Use Resolution of 2008. 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. 2 L • 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 '/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. 7. 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. The following section outlines and describes the subdivision processes for the variety of subdivision actions that are governed by the Board of County Commissioners by the Unified Land Use Resolution of 2008 (ULUR). Please refer to Article V in the regulations themselves for a higher level of detail. • I. THE SKETCH PLAN • The sketch plan process (more fully defined in Article V, Section 5-301 of the ULUR) is an optional plan review process intended to review at a conceptual level the feasibility and design characteristics of the proposed division of land. The Yield Plan Review process, set forth in Section 5-309, may be combined with Sketch Plan Review for applications proposing Conservation Subdivision. A. Process: The Sketch Plan Review process shall consist of the following procedures and as more fully described in Article V, Section 5-301 of the ULUR: 1. Application 2. Determination of Completeness 3. Evaluation by Director/Staff Review 4. Review by Planning Commission B. Application Materials: The Sketch Plan review process is set forth in Article V, Section 5-301 of the ULUR, Sketch Plan Review and requires the following materials. 1. Application Form and Fees 2. Vicinity Map (5-502(C)(2)) 3. Yield Plan (required for Conservation Subdivision) 4. Sketch Plan Map (5-502(C)(2)) 5. Land Suitability Analysis (4-502(D)) 3 • II. THE CONSERVATION SUBDIVISION The Conservation Subdivision (as described in Article V, Section 5-308 of the ULUR) is a clustered residential development option that allows reduced lot size and provides density bonuses in exchange for preservation of rural lands through provision of open space. A Conservation Subdivision shall be designed as a Density Neutral Development Plan or an Increased Density Development Plan. The design standards for each development Plan option are set forth in Article VII, Section 7-501 of the ULUR. A. Process: Conservation Subdivision Review process is the same as the general subdivision process with the addition of the Yield -Plan Review. The overall Conservation Subdivision Process shall consist of the following procedures and as more fully described in Article V, Section 5-301 of the ULUR: 1. Pre -Application Conference 2. Sketch Plan (optional) 3. Yield Plan Review (Can be reviewed concurrently with Preliminary Plan) 4. Preliminary Plan Review 5. Final Plat Review B. Application Materials: The Conservation Subdivision review requires the following application materials that can found more fully described in Article V, Sections 5-502 and 7-501 of the ULUR: 1. Application Form and Fees 2. Sketch Plan (Optional) (5-501(J)) 3. Yield Plan (5-502(C)(8)) 4. Preliminary Plan (5-501(G)) 5. Final Plat (5-501(E)) 6. Narrative addressing Design Standards (7-501 through 7-503) III. THE PRELIMINARY PLAN The preliminary plan review process will review the feasibility and design characteristics of the proposed subdivision based on the standards set forth in Article VII, Standards. The preliminary plan process will also evaluate preliminary engineering design. The Director may allow the preliminary plan and the final plat process to be combined if the proposed subdivision has seven (7) parcels or Tess and development of the lots does not require extensive engineering. A. Process: Preliminary Plan Review process shall consist of the following procedures and as more fully described in Article V, Section 5-303(B) of the ULUR: 1. Pre -Application Conference 2. Determination of Completeness 3. Evaluation by Director/Staff Review • • 4. Public Hearing and Recommendation by Planning Commission 5. Public Hearing and Decision by Board of County Commissioners B. Application Materials: The Preliminary Plan review requires the following application materials as more fully described in Article V, Section 5-502: 1. Application Form and Fees 2. Preliminary Plan Map 3. Yield Plan (Conservation Subdivision only) 4. Open Space Plan, preliminary 5. Open Space Management Plan 6. Landscape Plan (Common Ownership Areas) 7. Impact Analysis 8. Land Suitability Analysis 9. Lighting Plan consistent with standards in 7-305 10. Visual Analysis 11. Preliminary Engineering Reports and Plans a) streets, trails, walkways and bikeways b) engineering design and construction features for any bridges, culverts or other drainage structures to be constructed c) identification and mitigation of geologic hazards d) sewage collection, and water supply and distribution system e) Erosion and Sediment Control Plan f) Water Supply Plan g) Sanitary Sewage Disposal Plan 12. Draft Improvements Agreement, Covenants and Restrictions and By-laws IV. THE PRELIMINARY PLAN AMENDMENT Any proposal to change a preliminary plan approved under these Regulations shall require application to the Director for Amendment of an Approved Preliminary Plan. The Director shall review the application to determine whether the proposed change constitutes a substantial modification to the approved plan as more fully described in Article V, Section 5- 304. (A substantial modification is defined as a Substantial Change in Article XVI: Definitions) A. Outline of Process. The review process for a proposed Amendment of an Approved Preliminary Plan shall consist of the following procedures. 1. Pre -Application Conference 2. Application 3. Determination of Completeness 4. Evaluation by Director/Staff Review 5. Decision by Director B. Application Materials: The Preliminary Plan Amendment review requires the following • application materials as more fully described in Article V, Section 5-501(H): • • • 1. Application Form 2. Written Statement of proposed amendment(s) 3. Supporting documents necessary to evaluate the proposed revision(s) V. THE FINAL PLAT REVIEW Unless otherwise provided by these Regulations, the applicant must receive preliminary plan approval before beginning the final plat process. The final plat review is to formally finalize the actions resultant from the preliminary plan in order to complete the subdivision process. A. Outline of Process. The Final Plat Review process shall consist of the following procedures: 1. Application 2. Determination of Completeness 3. Evaluation by Director/Staff Review 4. Review and Action by Board of County Commissioners 5. Recordation of Plat B. Application Materials: The Final Plat review requires the following application materials as more fully described in Article V, Section 5-502: 1. Application Form and Fee 2. Final Plat 3. Final Engineering Reports and Plans a) Streets, trails, walkways and bikeways b) Engineering design and construction features for any bridges, culverts or other drainage structures to be constructed c) Mitigation of geologic hazards d) Sewage collection, and water supply and distribution system e) Soil suitability information f) Groundwater drainage g) Erosion and Sediment Control Plan (4-602 C. 4.) h) Final cost estimates for public improvements i) The certification listing all mortgages, liens judgments, easements, contracts, and agreements of record regarding the land to be platted and the Board of County Commissioners may require, at its discretion, that the holders of such mortgages, liens, judgments, easements, contracts or agreements shall be required to join in and approve the application for Final Plat approval before such Final Plat is accepted for review. All other exceptions from title shall be delineated. 4. Landscape Plan (Common Area) (4-602 5.) 5. Open Space Plan (if applicable) 6. Open Space Management Plan (If applicable) 7. Improvements Agreement, if applicable [include record drawings in digital format, (4-602 J.)] 8. Letter of Intent for service from all of the utility service providers a) Contract for Service, required prior to Final Plat recordation. 9. Final Declarations of Covenants and Restrictions, HOA articles of incorporation and bylaws 10. Final Fees to be paid (School -Land Dedication / Traffic Impact Fees) VI. THE FINAL PLAT AMENDMENT / CORRECTION PLAT REVIEW The purpose of the Final Plat Amendment review is to allow for certain amendments to an approved Final Plat. An amendment may be made to a recorded Final Plat if such amendment does not increase the number of subdivision lots or result in a major relocation of a road or add one or more new roads (pursuant to Section 5-306). A correction can be made to a recorded 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 a Final Plat or an Exemption Plat shall consist of the following regardless of whether the division was initially approved as a subdivision or an Exemption: 1. Four (4) Subdivision Lots: The Administrative Review Process, detailed in Section 4-104 of Article IV, shall be used for review of a request to amend or correct a S Final Plat modifying lot lines, building envelopes, easement locations or other interests affecting up to four (4) subdivision lots. An Amended Final Plat or an Amended Exemption Plat which modifies lot lines or easements affecting not more than two (2) adjacent lots or 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 Plat to the Board of County Commissioners for signature, prior to recording with the Office of the Clerk and Recorder. 2. More Than Four Lots: The Major Exemption Review Process, detailed in Section 5-403, shall be used to amend a Final Plat or an Exemption Plat modifying lot lines, building envelopes, easement locations or other interests affecting more four (4) subdivision lots or Exemption Lots. An Amended Final Plat which modifies lot lines or easements affecting more than four (4) subdivision lots or more than one (1) building envelope shall be subject to the Major Exemption Review Process set forth in Section 5-403. B. Application Materials: The Final 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 Plat, Amended Final Plat 4. Subdivision Improvement Agreement, if necessary The Director may allow the Preliminary Plan and the Final Plat process to be combined if the proposed subdivision has seven (7) parcels or less and development of the lots does not require extensive engineering. (Section 5-303) No submittal of a combined application shall be allowed until the Director has made a determination after holding a pre -application conference. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. a, (Signature of Property Owner • • Date • • • GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include a Payment Agreement Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. • GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES TYPE OF LAND USE ACTION Vacating Public Roads & Rights -of -Way Sketch Plan Preliminary Plan / Conservation Subdivision Preliminary Plan Amendment Final Plat Final Plat Amendment / Correction Plat Combined Preliminary Plan and Final Plat Minor Exemption / Amendment Major Exemption / Amendment Rural Land Development Option Exemption / Amendment General Administrative Permit Floodplain Development Permit Pipeline Development Plan / Amendment Small Temporary Employee Housing Minor Temporary Employee Housing Limited Impact Review / Amendment Major Impact Review / Amendment Rezoning: Text Amendment Rezoning: Zone District Amendment Planned Unit Development (PUD) / Amendment Comprehensive Plan Amendment Variance Interpretation Planning Staff Hourly Rate • Planning Director • Senior Planner • Planning Technician • Secretary BASE FEE $400 $325 $675 + application agency review fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey $325 $200 $100 $1,075 $300 / $300 $400 / $300 $400 / $300 $250 $250 $400 / $300 $50 $250 $400 / $300 $525 / $400 $300 $450 $500 / $300 $450 $250 $250 County Surveyor Review Fee (includes review of Amended $50.50 $40.50 $33.75 $30.00 Determined by Surveyor$ 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 Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for (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 Date s'N Print Name Mailing Address: i) 45'2_3 H L C r. rk.r 0� ,/ : ,,,mss . . 44a a t Page 4 • • • March 6, 2009 Fred Jarman, Director Garfield County Building & Planning Department 108 W. 8th Street Glenwood Springs, Colorado 81601 Re: Letter of Authorization - Old Orchard Subdivision Dear Fred, We, Roc and Mary Gabossi, hereby authorize John L. Taufer, John L. Taufer & Associates, Inc. to act on our behalf regarding the Old Orchard Subdivision Land Use Review process through Garfield County, Colorado. (9.rz_ );)_____ Roc Gabossi Date: % - O "j Date: INvy-6{- 2c? • • GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.aarfield-countv.com PRE -APPLICATION CONFERENCE SUMMARY PLANNER: D. Dunbar DATE: 3.1.2009 PROJECT: Rocky Gabossi SUB (4 -lot SUB) 44523 Hwy 6 GWS Z OWNER: Roc and Mary Ann GABOSSI Parcel: 212330185 REPRESENTATIVE: John L. Taufer 945-1337 MAILING John L. Taufer & Associates, Inc. PO Box 9109 GWS 81602 PRACTICAL LOCATION: East of Canyon Creek on Hwy 6/24, east side of hwy TYPE OF APPLICATION: 3 -lot subdivision I. GENERAL PROJECT DESCRIPTION Project is a 4 -lot residential subdivision in the Rural zone. The current location is a 20.22 -acre parcel owned by Rocky Gabossi at 44523 Hwy 6, Glenwood Springs. The location of the parcel is north of the Interstate, zoned Rural, is residential and agricultural (orchard) in nature. There are two existing access points on the parcel, driveway to the existing residence and agricultural on the west side of the parcel. Applicant is seeking a NOI from CDOT to change ag access to residential. CDOT has reported approved the location. This was part of a previous subdivision exemption that create two commercial lots (one is the storage facility) and two residential lots. The parcel is fenced with agricultural barbed wire fencing, and can be described as having three distinct areas: orchard along old highway, residential yard area and canyon setting to the back of the parcel. Applicant proposes 3 lots (2 acre minimum), one to include existing residence and preserve much of the existing orchard. Two new lots would access via shared location on the west, cul-de-sac. Applicant is going through Sketch Plan (optional)and proposes to call the development 'Old Orchard Subdivision' if the name is not already used. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS (DEVELOPMENT CODE / COMPREHENSIVE PLAN, STATE STATUTES, ETC.) Garfield County Unified Land Use Resolution: 5-303, 5-501 G • III. PROCESS In summary, the process will be the following: a. Pre -application mtg 1. Submittal, Review by Staff for `technical completeness' 2. Notice (TC) to applicant, schedule, Applicant submits referral copies 3. Hearing (BOCC) scheduled, materials sent to referral agencies 4. Staff prepares report, sends report and referral comments to Applicant 5. BOCC hearing IV. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: x Planning Commission Board of County Commissioners c. Referral Agencies: (Division of Water Resources, Colorado Department of Transportation, etc.) GarCo Road and Bridge GarCo Attorney GarCo Vegetation Management GarCo Public Health Dept. GWS Fire Protection District Division of Wildlife School District CDOT (access permit) V. APPLICATION REVIEW FEES • a. Planning Review Fees: $_325 (sketch) b. Referral Agency Fees: $_tbd c. Total Deposit: $ (additional hours billed : $40.50 /hour) 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. Pre -application Summary Prepared by: Dusty Dunbar , AICP Date 3/1/09 • Section 5-602 Sketch Plan Review Flowchart. PRE -APPLICATION CONFERENCE Section 4-103 A [held within 20 calendar days of request] DETERMINATION OF REVIEW PROCEDURE Section 4-103 A2d Sketch Pian 'Seaton 5302" eview Application Section 4-103 B [submittal requirements, Section 5-501 J] Determination of Completeness Section 4-103 C [within 30 days of receipt of application materials] Schedule Review by Planning Commissioners Section 5-305 B3 [public meeting to be held within 60 days of Determination of Completeness] LEvaluation by Director/Staff Review Section 5-302 B4 [review for compliance with applicable standards in Article 7. at a conceptual level] Conceptual Review by Planning Commission Section 5-302 B5 Written Notice of Conceptual Review Comments Section 5-302 B5a Section 5-601 Subdivision Review Flowchart. PRE -APPLICATION CONFERENCE Section 4-103 A [held wdhin 20 mender days of request] DETERMINATION OF REVIEW PROCEDURE Section 4-103 A2d Sketch Plan Review (Optional) Section 5.302 [Optional plan review by Corin ssion. feast y and design characteristics at onnceMuaf +ever) IPrellrnlnary Plan Review Section 5.303. Application Section 4-103 B [submittal retirements, Section 5-501 G] Deft=Ina1on of Completeness Section 4-103 C [within 30 days of receipt of application materials] Schedule Public Hearing by Planning Commission Section 5-303 83 [to be held within 60 days of Determination of Compieteness] Notice of Public Hearing Section 4-103 F 1. Publish Notice of Hearing p0 days poor t hearing] 2. Notice b *scent property owners [30 days prior to Wig, by registered mail] 3. Post notice on property p0 days prior to hearing) Evaluation by DbectoriStalf Review Section 5.303 B4 [compliance with apprt*nate s dards of kticie 71 Review by Referral Agency Section 4-103 D [21 day referral penod Public Hearing and Recommendation by Commission Section 5.303 85 Recommend Approve. Approve wtCcncitians or Deny Schedule Public Hearing by Board of County commissioners Section 5-303 86 [to be held within 45 days of Planning Commission Recommendation] on] Notice of Public Hearing Sedan 4-103 F 1 Publish Notice cf Heanng [30 days prior o heanrg] 2 Notice to adjacent property o niers [30 days prior 1c heanrg, by regrsterea mai? 3. Post notice on properly [30 days prier to heamq[ Pub c Hearing and Decision by Board Section 5-303137 Approve, Approve wlCondibans or Deny • • Final Plat Review Section 5-305 1 Application Section 4-103 B [submittal requirements Section 5-501 E] Determination of Completeness Section 4-103 C [within 30 days of receipt of application materials] 1 Schedule Review Board of County Commissioners Section 5-305 B3 [meeting to be held within 45 days of Determination of Completeness] May be a consent agenda item - public hearing not required. Evaluation by Director/Staff Review Section 5-305 B4 [compliance with approval conditions in Section 5-305 C] 1 Decision by Board Section 5-305 135 Approve. Approve *Conditions or Deny Submittal of Final Plat for Signature Within 120 days of approval of final plat Recordation Section 5-305 D • • 11111111111111111111111111111111111111111111111111111 622109 03/04/2003 02:14P B1442 P921 h ALSDORF 1 of 16 R 81.00 D 0.00 GARFIELD COUNTY CO Recurn To: WELLS FARGO HOME MORTGAGE, INC. 3601 MINNESOTA DR. SUITE 200 BLOOMINGTON, MN 55435 Prepared By: WELLS FARGO HOME MORTGAGE, INC. 2808 NORTH AVE„ GRAND JUNCTION, CO 815010000 DEFINITIONS jSpace Above This Line For Recording Data] DEED OF TRUST Words used in multiple sections of this document are defined below and other words art dcrrncd in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document arc also provided in Section 16. (A) "Security Instrument" means this document, which is dated FEBRUARY 26 , 2003 together with all Riders to this document. (B) "Borrower" is ROC ANTHONY GABOSSI AND MARY ANN GABOSSI, HUSBAND AND WIFE Borrower is the trustor under this Security Instrument_ (C) "Lender" is WELLS FARGO HOME MORTGAGE, INC. Lender is a CORPORATION 0015817398 COLORADO -Single Family-Fanry Mao/Freddie Mac UMFORM INSTRUMENT liDg)-8(C0) !GOON Pape 1 of 15 Initials: VMP MORTGAGE FORMS - (8001521-7251 11 111 Form 3006 1/01 1111114 ,t111111iIt111111111111111t111111 III 1111111111111 622109 03/04/2003 0214P 61442 P936 M RLSDORF 16 of 16 R 81.00 D 0.00 GARFIELD COUNTY CO • • • EXHIBIT A A TRACT OF LAND SITUATED IN THE NW1/4 OP SECTION 35, TOWNSHIP 5 SOUTH, WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO, SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: RANGE 90 OF LAND BEGINNING AT A POINT FROM WHICH THE NORTH 1/4 CORNER OF SAID SECTION 35 BEARS N 45 DEGREES 21' 31" E 855.56 FEET, SAID NORTH 1/4 CORNER BEING AN IRON PIPE WITH AN ALUMINUM CAP, PLS NO. 15710; THENCE S 26 DEGREES 31' 06" E 55.72 FEET; THENCE S 26 DEGREES 11' 52" W 62.99 FEET; THENCE S 11 DEGREES 39' 34" W 51.69 FEET; THENCE S 37 DEGREES 28' 23" W 80.15 FEET; THENCE S 49 DEGREES 48' 42" W 68.45 FEET; THENCE S 22 DEGREES 37' 14" W 167.65 FEET; THENCE S 04 DEGREES 15' 08" E 209.64 FEET; THENCE S 40 DEGREES 24' 52" W 63.16 FEET; THENCE S 23 DEGREES 42' 17" W 160.96 FEET; THENCE S 34 DEGREES 01' 36" W 250.32 FEET; THENCE S 28 DEGREES 03' 51" E 69.80 FEET; THENCE S 02 DEGREES 38' 42" W 276.57 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF STATE HIGHWAY 6 AND 24; THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING 5 COURSES: 1) THENCE 358.13 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 2010.00 FEET, A CENTRAL ANGLE OF 10 DEGREES 12' 31" AND SUBTENDING A CHORD WHICH BEARS N 72 DEGREES 17' 01" W 357.65 FEET; 2) THENCE S 13 DEGREES 12' 00" W 50.00 FEET= 3) THENCE 270.72 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1960.00 FEET, A CENTRAL ANGLE OF 07 DEGREES 54' 49" AND SUBTENDING A CHORD WHICH BEARS N 81 DEGREES 21' 35" W 270.50 FEET; 4) THENCE N 85 DEGREES 19' 00" W 368.00 FEET; 5) THENCE 109.74 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 5680.00 FEET, A CENTRAL ANGLE OF 01 DEGREES 06' 25" AND SUBTENDING A CHORD WHICH BEARS N 84 DEGREES 45' 48" W 109.74 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY N 23 DEGREES 00' 10" S 85.51 FRET; THENCE N 33 DEGREES 41' 22" E 273.31 FEET; THENCE N 10 DEGREES 41' 01" E 126.20 FEET; THENCE N 18 DEGREES 00' 46" E 102.71 FEET; THENCE S 79 DEGREES 05' 06" E 44.25 FEET; THENCE N 87 DEGREES 14' 08" E 373.76 FEET; THENCE S 83 DEGREES 55' 42" E 116.11 FEET; THENCE N 45 DEGREES 21' 31" E 1000.98 FEET TO THE POINT OF BEGINNING. ALSO KNOWN AS: LOT 1 GABOSSI EXEMPTION PLAT RECORDED FEBRUARY 11, 2003 UNDER RECEPTION NO. 620584. COUNTY OF GARFIELD STATE OF COLORADO GT F239786 • • • 1111(1111111111111III 1111111 111111 11111 III 11111 1111 1111 622109 03/04/2003 02:14P B1442 P922 M ALSDORF 2 of 16 R 81.00 D 0.00 GARFIELD COUNTY CO organized and existing under the laws of THE STATE OF CALIFORNIA Lender's address is P.O. BOX 10304, DES MOINES, IA 503060304 Lender is the beneficiary under this Security Instrument. (D) "Trustee" is the Public Trustee oft C� (E) "Note" means the promissory note signed by Bo er and The Note states that Borrower owes Lender THREE HUNDRED Dollars (U.S. $ ****3 2 0, 0 0 0.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than MARCH 01, 2033 . (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: J/ ac, dated FEBRUARY 26, TWENTY THOUSAND County, Colorado. 2003 AND 00/100 Adjustable Rate Rider Balloon Rider VA Ridcr Condominium Rider Planned Unit Development Rider Biweekly Payment Rider [1 Second Horne Rider 1-4 Family Rider Other(s) [specify] (I) "Applicable Law" means all controlling applicable federal, state and local statutes. regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non -appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, tees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a finanrial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to -6(CO) 10006} Pape 2 et 16 Initial N IVL NG Form 3006 1/01 1 11111i 11111 01111 111 1111111 111111 11111 111 11111 1111 1111 622109 03/04/2003 02:14P B1442 P923 M ALSDORF 3 of 16 R 81.00 D 0.00 GARFIELD COUNTY CO time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken tide to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Notc; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower, in consideration of the debt and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in theyt "' [Type of Recording Jurisdiction] o f F.A16eprE [Name of Recording Jurisdiction[: SEE ATTACHED 'GAL DESCRIPTION TAX STATEMENTS SHOULD BE SENT TO: WELLS FARGO HOME MORTGAGE, INC., P.O. BOX 10304, DES MOINES, IA 503060304 Parcel ID Number: which currently has the address of 44523 HWY 6 [Street] GLENWOOD SPRINGS [CitY1, Colorado 81602 [ZI)Codc] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record and liens for taxes for the current year not yet due and payable. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. 40:0-6(CO) 10005) Pyr 3 u116 Initials.plc/L. Form 3006 1101 • 111111111111111111111111111111111 111 111 111111111111 622109 03/04/2003 02:14P 81442 P924 4 of 16 R 81.00 D 0.00 GARFIELD COUNTY CO • • UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following fornts, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current. without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lerxler shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge duc, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the duc date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender ander Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow ®BICO) c000si Page 4 al 16 Form 3006 1101 • • • 11111111111,11111111111111111111111111111111111illi 1111 622109 03/04/2003 02:14P 81442 P925 11 ALSDORF 5 of 16 R 81.00 D 0.00 GARFIELD COUNTY CO Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of' amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be requirai to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sutras secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless i ®6(COj (0005) F'ape 5 of 15 IrvHdr i l Form 3006 1/01 • • • 1111111 IIII1.1111111111111111111111111111111111111111111 622109 03/04/2003 02:14P 81442 P926 M ALSDORF 6 of 16 R 81.00 D 0.00 GARFIELD COUNTY CO Borrower: (a) agrees in writing to the payrru'ru of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. if Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in convection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower_ If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of Loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of Toss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the erZ®6(CO) boost Pape 8 of 16 Initial Form 3006 1/01 • • • 1 IIIIII 11111 IIIIII 111 1111111 111111 11111 111 1111111111111 622109 03/04/2003 02:14P 81442 P927 M fLSDORF 7 of 16 R 81.00 D 0.00 GARFIELD COUNTY CO work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30 -day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursnanr to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such art interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) iu connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. -6(CO) 100051 Page 7 of 15 x�f�a�r�r C Form 3008 1/01 • • • 1111111111111111111111111111111111111111111111111111111 622109 03/04/2003 02:14P 81442 P928 11 ALSDORF 8 of 16 R 81.00 D 0.00 GARFIELD COUNTY CO 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage lnsurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that chart or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source �(1I1/Q; 6(CO) (ocos) Page 8 at 16 Form 3006 1101 • • • 1 111111111111111111111111III 111111 1111 111 11111 1111 1111 622109 03/04/2003 02:14P 81442 P929 M ALSDORF 9 of 16 R 81.00 D 0.00 GARFIELD COUNTY CO of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender rakes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act. of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. ll. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the stuns secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or Toss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the suras secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Cp-6tCOj locos) 99 Pap 9 of 16 irMtia+x J� ti C Form 3006 1101 RQ • • • IIIIMPEPOPEREIL1101111# 1111111llilii ill illi2 P930 1 ALSDORF 10 of 16 R 81.00 D 0.00 GRRFIELD COUNTY CO Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender, All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to conunence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower ran agree to extend, modify, forbear or slake any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Bormwer who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instnurtent unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such Ioan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a dircct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note)_ Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's ®5(C01 rocas) N05101:415 C Form 3006 1101 • • • 1111111111111111111111111111111111111111111111111111111 622109 03/04/2003 02:14P 61442 P931 M ALSDORF 11 of 16 R 81.00 D 0.00 GARFIELD COUNTY CO notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail m Lender's address stated herein unless Lender has designated another address by notice w Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the suers secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) 4:::;1-61C0) cocosn P. 11 of 15 InitL Ljf ___ m 'J1 t/�,� . For3006 1/01 • • • 11111111111111111 ill 1{1111111111111111 111111114 Ill 1111 622109 03/04/2003 02:14P 61442 P932 12 of 16 R 81.00 1] 0.00 GARFIELD COUNTY CO certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which nnmst elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding rwo sentences shall not apply to the presence, use, or storage an the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, lneardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any CZ) s(cO) 100067 Page 12 at 15 Intiala.���. Form 3006 1/01 • • • 1111 I100111 I111I1111111111111111111III 1111{11111111 6221 03/ 4/2003 02:14P 81442 P933 M RLSDORF 13 of 16 R 81.00 D 0.00 GARFIELD COUNTY CO Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower ]earns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an EnvironmentAl Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender farther covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Bon -ower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foredosnre proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Lender shall mail a copy of the notice to Borrower as provided in Section 15. Trustee shall record a copy of the notice in the county in which the Property is located. Trustee shall publish a notice of sale for the time and in the manner provided by Applicable Law and shall maril copies of the notice of .sale in the manner prescribed by Applicable Law to Borrower and to the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder for cash at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's certificate describing the Property and the time the purchaser will be entitled to Trustee's deed. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Release. Upon payment of all sums secured by this Security instrument, Lender shall request that Trustee release this Security instrument and shall produce for Trustee, duly canceled, all notes evidencing debts secured by this Security Instrument. Trustee shall release this Security Instrument without further inquiry or liability. Borrower shall pay any recordation costs and the statutory Trustee's fees. 24. Waiver of Homestead. Borrower waives all right of homestead exemption in the Property. 44:11 6(c O) (00051 Paye 13 or 16 Irisal■ i U L Cl Farm 3006 1/O1 • • 1 111111 1111111111 1111111 111111 111 111 11111 111 1111 622109 03 04/2003 02:14P 81442 P934 M ALSDORF 14 of 16 R 81.00 D 0.00 GARFIELD COUNTY CO BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: ROC ANTHONY GABOSS (-MARY ABOSSI -Borrower ) -Borrower (tel) (Seal) -Borrower -Borrower (tel) (Seal) -Borrower -Borrower Crik-6(CO) 10005) (Seal) -Borrower Pada 14 of 15 • (Seal) -Borrower Form 3006 1101 1111 114pll 111111 III Illi IIIIII 14111111 IU111111111 622109 03/04/7003 02:14P B1442 P935 M AL SDORF 15 of 16 R 81.00 D 0.00 GARFIELD COUNTY CO • STATE OF COLORADO, GAR FIELD The foregoing instrument was acknowledged before me this byROC ANTHONY GABOSS1 AND MARY ANN GABOSSI Witness my hand and official seal. My Connni ELLEN M. LIPSCOMB NOTARYCOLORADO PUBLIC STATE O My Cominission Sept. 21, 2006 • Ck 61COi woos) • County ss: day o f , tQ3 Notary Public Fag. 15 of 16 Form 3006 1101 JOHN L. TAUFER & ASSOCIATES, INC. Landscape Architecture / Land Planning March 23, 2009 Fred Jarman, Director Garfield County Building & Planning Department 109 W. 8th Street Glenwood Springs, Colorado 81601 Re: Sketch Plan — Old Orchard Subdivision, Glenwood Springs, Colorado Dear Fred, On behalf of Roc & Mary Gabossi, I am pleased to submit this application for Sketch Plan regarding the Old Orchard Subdivision, a proposed four (4) lot subdivision located on Highway 6 just west of Canyon Creek. The proposed division of land will be created from a 20.22 acre parcel that was created by exemption in 2002 and is known as the Gabossi Subdivision Exemption. The property is zoned Rural. PROJECT SUMMARY Existing Property Conditions The property is a 20.22 acre parcel located north of Highway 6 and approximately 1 mile west of Canyon Creek. As previously mentioned, the parcel was created by exemption in 2002. An existing frame house is situated on the north side of the parcel along with some outbuildings and a pond which is located just south of the frame house. The property slopes gently from Highway 6 to the north. An old, grouping of established apple trees is located adjacent to Highway 6 and west of the existing residence. Another grouping of apple trees is located at the northwest corner of the property. The area between the apple trees and west of the southern orchard is open pasture Subdivision Lot Layout The proposed subdivision lot layout anticipates the creation of 4 single family residential lots. The largest lot, Lot 1, will include the existing residence, pond, the drainage basin to the north and the southern apple orchard. This lot is approximately 12.23 acres in size. In a previous action, Garfield County issued a special use permit for a Accessory Dwelling Unit (ADU) on Lot 1 of the Gabossi Subdivision Exemption. The permitted ADU will be situated on this lot ( Lot 1 )of the Old Orchard Subdivision. 909 Colorado Avenue • Box 2271 • Glenwood Springs, CO 81 802 (970) 945-1 337 • FAX (970) 945-791 4 • • • Lots 2 and 3 are located in the northwest area of the parcel. These lots are located in part of the open pasture and the rear orchard area. Lot 2 is approximately 2.29 acres while Lot 3 is approximately 2.16 acres in size. Lot 4, consisting of approximately 3.53 acres is located in the open pasture area and west of the southern apple orchard. All lots are in excess of the two (2) acre minimum lot size, as established as the minimum lot size, in the Rural Zone District. Building envelopes have been established for each lot. Slopes within the building envelopes range from 3.1% to 6.25%. Access Access to the Old Orchard Subdivision will be from Highway 6. The historic access to Lot 1 and the existing residence will remain. This access is also used as a maintenance access for the Williams Ditch. A secondary access, to Lots 2,3 and 4, is located on the western end of the property. Access to Lots 2, 3 and 4 will be via a 40 foot access easement. The access will terminate with a 45 foot radius cul-de sac. The Colorado Department of Transportation has stated, in conversation, that the will grant an access permit for the secondary access point on the west end of the property and will also allow the historic access will remain. In a statement from CDOT, the two access points will be allowed to remain as long as the entire subdivision remains as single family residential use. If a change in land use were to ever occur, CDOT would close the historic access and only allow one access to the property. A road sharing agreement will be drafted that spells out the responsibilities of each lot owner in terms of maintenance of the access road. The road will be built to Garfield County standards in terms of road classification. An application for a secondary access location permit has been submitted to CDOT. Potable Water Supply Potable water supply for the residential lots will be from individual wells. There are two (2) existing wells on the property. The Bowles Well serves the existing residence on Lot 1. Bowles Well No. 2 will serve Lot 2. Water rights were decreed for the parcel in Case No. W-1358 and 97CW162. The water rights were decreed for the entire 60 acre parcel know as the Gabossi/Wagner Subdivision Exemption. The subject parcel is one of 4 lots created by this exemption. The water rights were divided between Gabossi and Wagner. The applicant owns one-half interest in the plan for augmentation decreed in Case No. 97CW162. This • • • equates to in-house water use for up to 15 single family unites through the Bowles Well Nos. 1-3. There are two existing wells on the Gabossi property including the Bowles Well ( Permit No. 52966) and the Bowles Well No.2 ( Permit No. 56101-F). The Bowles Well is located on Lot 1 and Bowles Well No. 2 is located on Lot 2. of the proposed Old Orchard Subdivision. A new well ( Bowles Well No.1) will be drilled to serve the permitted ADU on Lot 1 and new wells will be drilled to serve the single family residential units on Lots 3 and 4. The new wells will be permitted with West Divide Water Conservation District ( WDWCD) water allotment contracts. The new wells will include a maximum of 2,500 square feet of outside irrigation. The total water demand for the Old Orchard Subdivision is estimated at 2.45 acre feet per year. The total depletion to the stream system is estimated to be 0.68 acre feet per year. Irrigation water rights on the Williams Ditch are appurtenance to the property and these rights will continue to be used for outside irrigation by the individual lot owners. A water rights and water supply report, prepared by Resource Engineering, Inc. is included in this application. Sewage Disposal Sewage disposal will be from Individual Sewage Disposal Systems ( ISDS). Lot 1 has an existing ISDS system in place. Available soils information indicate that standard ISDS systems are feasible for the remainder of the lots in the Old Orchard Subdivision. The soils information was obtained from United States Department of Agriculture - National Resource Conservation Service ( NRCA) soil services mapping. According to the mapping, all four (4) lots are located on Begay sandy loam soils. In terms of development of septic tank absorption fields, The Begay soils are rated as "Not Limited". In other words, there are not limitations with ISDS development with these soils. As required, individual sewage disposal systems (ISDS) will be designed by a professional engineer licensed in the State of Colorado. Soils There are four (4) soil classifications associated with this property. The Atencio- Azeltine complex, Begay sandy loam, Potts-Ildefonso complex and the Torriothents- Rock outcrop complex. . The soils information was obtained from United States Department of Agriculture - National Resource Conservation Service ( NRCA) soil services mapping. • • • As proposed, site development will occur where Begay sandy loam soils are present. The other three (3) soil units occur in areas to the northern and eastern property boundaries. In terms of site development, the limitations of Begay soils are rated as "Not Limited" and "Somewhat Limited". A "Not Limited" rating indicates that soil properties are generally favorable for the specified use and that moderate limitation indicates that soil properties are unfavorable to the intended use but can be overcome or minimized by special design. A NRCS soils map and soil limitations are included in this section. Wildlife Natural resource mapping, prepared by Garfield County, depicts that the property is located in the overall range and winter concentration of elk and the overall range of turkey. A wildlife report will be prepared to further investigate the impacts of development as well as any mitigation measures that may be required to limit the impact to wildlife. We look forward to presenting the Sketch Plan to the Garfield County Planning Commission in the very near future. If you have questions or need additional information, please do not hesitate to contact my office. Sincerely, John L. Taufer, Owners Representative • • LAND SUITABILITY ANALYSIS 1. Public Access to Site The Old Orchard Subdivision property is located along the north side of State Highway 6. The proposed access to Lots 2,3 and 4 of the subdivision is located on the west end of the property. The applicant has applied to CDOT for an access permit. They have agreed in principle to approve the new access permit. The historic access, serving Lot 1, will remain. The existing access not only serves Lot 1 but is used as a historic access to maintain the Williams Ditch. 2. Access to Adjoining Roadways Other than Highway 6, there are no other adjoining roads. 3. Easements A utility (electric) easement crosses the property in an east to west direction. Additional easements, that have been added to the plat, include access and maintenance easements for existing irrigation ditches that cross the proposed lots; an access and utility easement for access to the proposed lots and a drainage easement on the west side of the subdivision. 4. Topography and Slope The slope determination of the property was derived from USGS Quadrangle mapping. As reflected on the site plan, the site slopes upward from Highway 6. Slopes on the southern half of the property are approximately 3.1% while the range of slopes from the center of the property to the northern boundary line range from 6.25 - 25%. 5. Natural Features There are no significant natural features on the property. 6. Drainage Features A large drainage swale is located at the northeast portion of the site. A small, mad - made pond is located south of the existing house. Another drainage channel exists on the western boundary of the property. Neither of these features will have an impact on site development. 7. Water Water rights were decreed for the parcel in Case No. W-1358 and 97CW162. The • water rights were decreed for the entire 60 acre parcel know as the Gabossi/Wagner Subdivision Exemption. The subject parcel is one of 4 lots created by this exemption. The water rights were divided between Gabossi and Wagner. The applicant owns one-half interest in the plan for augmentation decreed in Case No. 97CW162. This equates to in-house water use for up to 15 single family units through the Bowles Well Nos. 1-3. There are two existing wells on the Gabossi property including the Bowles Well ( Permit No. 52966) and the Bowles Well No.2 ( Permit No. 56101-F). The Bowles Well is located on Lot 1 and Bowles Well No. 2 is located on Lot 2. of the proposed Old Orchard Subdivision. A new well ( Bowles Well No.l) will be drilled to serve the permitted ADU on Lot 1 and new wells will be drilled to serve the single family residential units on Lots 3 and 4. The new wells will be permitted with a West Divide Water Conservation District ( WDWCD) water allotment contracts. The new wells will include a maximum of 2,500 square feet of outside irrigation. The total water demand for the Old Orchard Subdivision is estimated at 2.45 acre feet per year. The total depletion to the stream system is estimated to be 0.68 acre feet per year. Irrigation water rights on the Williams Ditch are appurtenance to the property and these rights will continue to be used for irrigation on the property. III 8. Floodplain According to FEMA mapping, there are no floodplain or flood fringe issues associated with the property. 9. Soils There are four (4) soil classifications associated with this property. The Atencio- Azeltine complex, Begay sandy loam, Potts-Ildefonso complex and the Torriothents- Rock outcrop complex. . The soils information was obtained from United States Department of Agriculture - National Resource Conservation Service (NRCA) soil services mapping. As proposed, site development will occur where Begay sandy loam soils are present. The other three (3) soil units occur in areas to the northern and eastern property boundaries. In terms of site development, the limitations of Begay soils are rated as "Not Limited" and "Somewhat Limited". Limitations regarding septic tank absorption field are rated as "Not Limited". A "Not Limited" rating indicates that soil properties are generally favorable for the specified use and that moderate limitation indicates that soil properties are unfavorable to the intended use but can be overcome or minimized by special design. IIIA NRCS soils map and soil limitations are included in this section. • • 10. Hazards There are no geologic hazards on-site or adjacent to the site. 11. Natural Habitat The existing flora, on the property, is an example of a classic, western Colorado agricultural property. The western half of the property consists of a grouping of apple trees adjacent to Highway 6 and another grouping of apple trees to the north. Between the fruit trees is a large pasture where horses are allowed to graze on the pasture grass. The eastern portion of the property consists of large cottonwood trees and manicured landscape areas around the residence. The vegetation of sloped areas of the property consist of Utah Juniper, Pinyon Pine, serviceberry, mountain mahogany, sage, rabbitbrush and native grasses. Existing fauna frequenting the property consist of rabbit, songbirds, chukar, mourning dove, wild turkey, black bear, mule deer and elk. The property is located in elk overall range and winter concentration areas. The property is also located in turkey overall range. 12. Resource Areas There are no protected or registered archeological, cultural, palentological or historic resource areas on this property. "'RESOURCE ..... ..... �IU•UENGINEERING I N C. John L. Taufer John L. Taufer & Associates, Inc. PO Box 2271 Glenwood Springs CO 81602 March 12, 2009 RE: Gabossi Subdivision Sketch Plan — Water Rights and Water Supply Plan Dear John: At your request, Resource Engineering, Inc. (RESOURCE) prepared a water rights and water supply plan for the Gabossi Subdivision Sketch Plan. The plan presented herein follows the standards set forth in Section 7-104, 7-105 of the Garfield County (GARCO) Unified Land Use Resolution. The proposed subdivision project would create 4 parcels from an existing 20.2 acre parcel. Lot 1 would include the existing Gabossi house and a new accessory dwelling unit (ADU). Lots 2, 3 and 4 would accommodate a new single family residence on each lot. WATER RIGHTS Domestic water rights for the subject parcel were decreed in Case No. W-1358, and 97CW162. The water rights were decreed for a larger 60 acre parcel of land now known as the Gabossi/Wagner Exemption and split between Gabossi and Wagner. The water rights are divided between Gabossi and Wagner. Gabossi owns the Bowles Well (W- 1358), Bowles Well Nos. 1-3 (97CW162) and one-half interest in the plan for augmentation decreed in Case No. 97CW162. The augmentation plan component owned by Gabossi includes in-house water use for up to 15 single family units through the Bowles Well Nos. 1-3. There are two existing wells on the subject property including the Bowles Well (Permit No. 52966) and Bowles Well No. 2 (Permit No. 56101-F). The Bowles Well is located on the proposed Lot 1 and serves the existing Gabossi house. Bowles Well No. 2 is located on the proposed Lot 2 and will serve a single family dwelling unit on that lot. Irrigation water rights on the Williams Ditch are appurtenant to the subject property. These water rights will continue to be used for irrigation on the property. WATER REQUIREMENTS The in-house water requirement for each single family dwelling unit and ADU is 350 gallons per day, based on an average of 3.5 people per unit each using 100 gallons per day. Outside irrigation from the wells will be limited to a maximum of 2,500 square feet for Lots 2, 3 and 4. There will be no outside irrigation from a well for the ADU on Lot 1. The irrigation demand is estimated at 0.16 acre feet for 2,500 square feet of irrigation on each of Lots 2, 3 and 4. The total irrigation demand from the wells is 0.48 acre feet based on a net evapotranspiration (ET) rate of 2.25 acre feet per acre and an irrigation efficiency of 80 percent for sprinkler/drip irrigation. Consulting Engineers and Hydrologists 909 Colorado Avenue • Glenwood Springs, CO 81 601 • (970) 945-6777 • Fax (970) 945-11 37 • • • John Taufer Page 2 March 12, 2009 The water depletion to the stream system from the wells is estimated at 15 percent of the demand (assuming wastewater disposal through an ISDS system) for in-house use and the net ET rate for irrigation. The existing ISDS on the property and the SCS soil Survey data indicate standard ISDS systems are feasible for the project. The in-house depletion for a single family unit is 0.06 acre feet per year and for 2,500 square feet of irrigation is 0.13 acre feet per year. The total project water demand is estimated at 2.45 acre feet per year as shown on the attached Table 1. The total project depletion to the stream system is estimated at 0.68 acre feet per year. WATER SUPPLY The physical water supply for the project will come from individual wells. The existing Bowles Well will continue to serve the existing main house on Lot 1, a new well (Bowles Well No. 1) will be drilled to serve the proposed ADU on Lot 1, the existing Bowles Well No. 2 on Lot 2 will serve a proposed single family dwelling unit, and new wells will be drilled on Lots 3 and 4 to serve a proposed single family dwelling unit on each lot. The existing Bowles Well has adequately served the existing main house since construction of the well in 1972. The yield of the well is reportedly strong and listed in the decree in Case No. W-1358 as 15 gpm. The existing Bowles Well No. 2 was tested by J & M Pump Company for four hours in August 2002. The well has a sustained yield of 15 gpm with a relatively small drawdown and quick recovery. The geology of the project site is the Weber Sandstone and Maroon Formation situated in proximity to the Colorado River. These formations generally produce adequate wells for domestic uses. Based on the two existing wells on the property and the site geology, it is anticipated that adequate wells for the ADU on Lot 1 and for Lots 3 and 4 can be drilled on the property. WATER QUALITY The water quality of the existing Bowles Well has been adequate for the existing main house. Both of the existing wells were tested for nitrates and bacteria in 2002. The results indicate very low concentration of nitrate, 0.14 to 0.34 mg/I, compared to the drinking water standard of 10 mg/I. Both wells had no coliform bacteria in the water. Since the project is less than 8 SFE and all of the wells will derive water from the same ground water source, one well will be tested for the State Primary Drinking Water Standards and the others will be tested for nitrates and bacteria for the Preliminary Plan submittal. LEGAL WATER SUPPLY The legal water supply for the project will come from the water rights discussed earlier and a West Divide Water Conservancy District (WDWCD) water allotment contract. The Bowles Well was decreed in Case No. W-1358 and issued permit No. 52966. It will continue to operate pursuant to the decree and the permit. The ADU well will obtain a permit as the Bowles Well No. 1 pursuant to the plan for augmentation in Case No. RESOURCE ENGINEERING INC • • • John Taufer Page 3 March 12, 2009 97CW162. The existing Bowles Well No. 2 will be re -permitted with a WDWCD water allotment contract to allow up to 2,500 square feet of irrigation. Well permits for Lot 3 and Lot 4 will be obtained for a single family dwelling unit and up to 2,500 square feet of irrigation on each lot with a WDWCD water allotment contract. Please call if you have any questions or need additional information. Sincerely, RESOURCE EN INEERING, INC.`444.10j Michael J. Er n, : Water Resources Engineer MJE/mmm 872-2.0 K:1Clients1872 GABOSSI12.0 Gabossi Subdivision 20091John Taufer sketch plan water rts.doc RESOURCE NGINEERING INC • • • GABOSSI SUBDIVISION E -o ., c4 a U U U + 0 CII....� + z o • '� • E .S 0 c%] wo O H Ln o U noo U CD March 13, 2009 RESOURCE ENGINEERING, INC TOTAL (6) N N N 00 0 O) [— v) N N 0 0 0 0 0 .-- ---4 O O o 0 0 O O O O O O O O O O O O DEPLETIONS WELL IRRIGATION (5) O o O M `o oo ON r- V') M O o O O O O O O O o O o O O O O O O O O O O o 0 0 0 J 0.39 W cn N N N N N N NNNNNN 0 7r 0 0 0 0 0 0 0 0 0 0 0 0 x-oodoo0000000 K 0.29 DIVERSIONS1 TOTAL (3) 0.17 0.15 0.17 0.19 0.24 0.26 0.27 0.25 0.22 0.20 0.16 0.17 2.45 WELL IRRIGATION (2) 0.00 0.00 0.00 0.03 0.07 0.10 0.11 0.09 0.06 0.03 0.00 0.00 00 0 w VD I- kn r- r- o r- r o r- N O''' 0 0 0 0 0 0 0 0 0 0 0 0 z . ^' MONTH JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER H4Md`4d E -o ., c4 a U U U + 0 CII....� + z o • '� • E .S 0 c%] wo O H Ln o U noo U CD March 13, 2009 RESOURCE ENGINEERING, INC • • DISTRICT COURT, WATER DIVISION NO. 5,-CoLoRADo Case No. 97CW162 RULING OF REFEREE IN THE MATTER of THE APPLICATION FOR SURFACE WATER RIGHT, RAGE WATER RIGHT AND PLAN FOR AUGMENTATION OF; ESTATE OF DOROTHY L. BOWLES IN GARFIELD COUNTY, COLORADO The above entitled Application was filed in July of amended and was referred to the undersigned as Water !Refere Water Division No. 5, State of Colorado, by the Water J dge o Court in accordance with Article 92 of chapter 37, Colo adv R statutes 1973, known as the Water Right Determination Administration Act of 1969. I ' 997, for said ised and The undersigned referee having made such investigation are necessary to determine whether or not the statements in ;the nded application are true and having become fully advised vtith t pect to the subject matter of the Amended Application does ihereb make the following determination in this matter, to wit: 1. The statements in the Amended Application are true. 2. Name, address and telephone number of Applicant: Dorothy L. Bowles Estate c/o Terry Duprey, Administrator 44523 Highway 6 Glenwood springs, CO 81601 c/o Billie Burchfield Attorney for Applicant 802 Grand Avenue, Suite 305 Glenwood springs, CO 81601 (970) 945-8818 3. Timely statements of Opposition were filed on behalf. of G;itg Mc Bennis and the Williams canal Company. the Ruling herein add ses the concerns of the Opponents. The time for filing sttlteme ;.4s of Opposition has expired. 4. The Applicant requests that the following claims be Dwelt -ed: • • Page 2 Case No. 97CW162 Division 5 Water Court CLAIM NO. 1 SURFACE WATER RIGHT 5. Name of Structure: Bowles Diversion 6. Legal description of point of diversion: The point of, diversion from a natural gulch known as Bowles Gulch is o ated at a point in said natural gulch from whence the West Qu rter Corner of Section 35, Township 5 South, Range 90 West ox, the 6th P.H. bears South 48.29' West 1358.28 feet. 7. Source: The source of the water is from the seepage, ru -off and drainage in Bowles Gulch, tributary to the Colorado W ver. 8. A. Date of initiation of appropriation: July 8, ,1997 B. How appropriation was initiated: By consultationw'i h professional engineer and an intent to appropriate. l C. Date water applied to beneficial use: N/A 9. Amount claimed: 0.5 c.f.s., conditional 10. Proposed use: Domestic, livestock watering, wildlife watering, fire protection and storage in Bowles Pond, First Enlarge}tient. 11. Name and address of owner of land on which point of divefrsa.on and place of use are located: Applicant CLAIM NO. 2 STORAGE WATER RIGHT 12. Name of Structure: Bowles Pond, First Enlargement 13. Legal description of place of storage: The center of Bowles Pond is in Section 35, Township 5 uth, Range 90 West of the 6th P.M., at a point 1000 feet from the West section line and 1750 feet from the North section line of said Section 35. 14. Source: The source of the water to fill Bowles Pond iso Bowles Diversion which collects the spring, run-off and se water in Bowles Gulch, tributary to the Colorado River. is page • • Page 3 Case No. 97CW162 Division 5 Water Court 15. Date of initiation of appropriation: July 8, 1997 How -appropriation was initiated: By consultation with professional engineer and an intent to appropriate Date water applied to beneficial use: N/A 16. Amount claimed: 2.5 AF, conditional, with the right to and refill in priority. 17. Uses claimed: Fish culture,, livestock and wildlife watering, fire protection and augmentation. 18. Surface area of high water line: 0.40 Acres Maximum height of dam: 11 feet Length of dam: 105 feet 19. Total capacity: 2.5 AF Active storage: 2.5 AF Dead storage: -0- 20. Name and address of owner of land on which structure is located: Applicant CLAIM NO. 3 PLAN FOR AUGMENTATION 21. STRUCTURES TO BE AUGMENTED: ill Bowles Well Nos. 1-6; Said wells will be located on Applicant's 60 acres of land generally located in.the NWS of Section 35, Township 5 South, Range 90 West of the 6th P.M. and more particularly described in Hook 208 at Page 17o n the Garfield County Clerk and Recorder's Office. 22. USES TO BE AUGMENTED: Domestic in-house use in 30 single family dwellings 23. SOURCE OF AUGMENTATION WATER: Storage water in Bowles Pond, First Enlargement as appli for herein. • • • Page 4 Case No. 97CW162 Division 5 Water Court 24. PLAN FOR AUGMENTATION: Month Applicant's engineer has determined that domestic in-hvu' = use in thirty (30) single family units will result inan a ual depletion to the Colorado River of 1.20 acre feet+or 0. 0 AF per month. Depletions are based on an occupancy 9f. 3i. persons per unit using of 100 gallons of water per pers9 per day utilizing septic tanks and leach fields which:resuJ.I s in consumptive use of 10%. Applicant's engineer has also determined that the:net evaporation losses from the surface of said pond is ea(0(-cted to be 37.23 inches per year as follows: Net Evaporation Domeatie Losses Losses in AF in AF January 0.024 February 0.032 March 0.064 April 0.112 May 0.160 June 0.200 July 0.208 August 0.176 September 0.128 October 0.080 November 0.040 December 0.024 Total 1.248 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 1.20 Total Loi ses in:AF 1 0.124 0.132 0.164 0.212 0.260 0.300 0.308 0.276 0.228 0.180 0.140 0.124 2.448 At such times as there is ,x valid "call" on Canyon Ct the Colorado River by holders of senior vested water t releases of water will be made from Bowies Pond, First Enlar into Canyon creek to compensate for the depletions caused domestic use described above and the evaporation losses from Pond, First Enlargement. REFEREE FINDINGS k or hts, ent the wles The Referee, having examined the information submitted t, the Applicant, and having completed the investigations necesSa,y to make a determination in this matter, does therefore conclude that the claims in the above entitled Application should be,'and hi reby are, granted as shown above, .SUBJECT HOWEVER, TO ALL E . IER PRIORITY RIGHTS OF OTHERS and to the integration and tabulati.n by the Division Engineer of such priorities in accordance;with.1 aw. • • • Page 5 Case No. 97CW162 Division 5 Water Court Application for a Finding of Reasonable Diligence shed be filed in the same month as the Decree herein is entered eve •six years after the entry of the Decree herein so long as Appi cant desires to maintain the conditional water tights herein awarddor until a determination has been made that such condltiainal'r ghts are made absolute by reason of the completion of the appropriations, or are otherwise disposed or. The Plan for Augmentation requested will not £njuri1usly affect the owners of or person entitled to use water under a v'Sted water right or a decreed conditional water right( and this pi.►� for augmentation is approved in accordance with C.R.S. 37--92-305 3). Pursuant to C.R.S. 37-92-305(8), The State Engineer an the Division Engineer may lawfully be required under the terms of this Ruling to curtail out -of -priority diversions from Applicant's ells and pond at any time when the consumptive use associated with Applicant's diversion exceed the net amount of replacetent ater available under this plan for augmentation. Prior to operation of these wells for the proposed uses, well permits issued pursuant to C.R.S. 37-90-137(2) and this pia for augmentation must be obtained. Applicant shall develop a monthly accounting Corm satista$tory to the Division Engineer and shall keep a monthly accounti: of diversions and depletions as required by the Division Engine r. The Applicant shall install such measuring devices asi y be required by the Division Engineer to facilitate the opieratj n of this plan for augmentation and assure compliance here ith. Applicant shall designate a homeowner -representative respon ible for filing an annual report with the Division Engineer by Noir er 15th of each year summarizing diversions and replacements made under this plan. Nothing herein shall require the williams Canal Compa to bypass water into Bowles Gulch for the purpose or providing- ater for the Bowles Diversion, Bowles Pond, First Enlargement:and/ the Plan for Augmentation described above. some of the water in a wles Gulch maybe waste water spilled or derived from the williiams1 C' nal . By appropriating of seepage, run --off and drainage in Bowles ulch as claimed in the Amended Application filed herein, Applicant; does not obtain the right to compel the continuation of waste ater discharges into the Bowles Gulch by Williams Canal Company., aste water discharges by the Williams Canal company maybe dilscont nued or altered in time, amount, or location at any time for any re son. Nothing herein shall prevent Applicant from calling for deli re' y of any ownership interest held by Applicant as shares in the Wil cams I Canal Company. • • • va, c.L2. Tufa a.. • Page 6 case No. 97CW162 Division 5 Water Court •i It is accordingly ORDERED that this Ruling shall to fx with the Water Clerk subject to Judicial review. {' It is further ORDERED that a copy of this Ruling sha1L filed with the appropriate Division Engineer and the Stater Engineer. Dated November 9, 1998 Copy of the foregoing mailed to •41 Counsel of record ,4 Water Referee --Div. gineer-I-and State Engineer Cate 1 i -q -q 'brie OeA.rtr Cwl,i1. 1Tlt4t Cog. Mo. 3 FEREE: Water Referee Water Division No. 5 State of Colorado No protest was filed in this matter, and accordingly til foregoing Ruling is confirmed and approved, and is made th0.: Judgment and Decree of this Court; provided however, that t i approval of this Plan for Augmentation shall be subjec to reconsideration by the Water Judge on the question of injuty}to the vested rights of others during any hearing commencing i41 the two calendar years succeeding the year in which this decision' is rendered. THE MONTH roR FILING AN APPLICATION FORA F]NDINt$OF nn REASONABLE DILIGENCE SHALL BE urmaRE 2b I 1 Dated Copy of the feFelle Counsel of reco Referee,--Olv. State Engt i-sfrfre tlj6 wailed to aN rdAtWeter/ MeerJand Date is2•a qS O.pub C4 *.w.w01._Nas Burchfield McKennis Hertaundstad ( 4 JLN IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 STATE OF COLORADO124 I IN THE MATTER OF THE APPLICATION FOR WATER RIC= OF LARRY BOWLES IN THE COLORADO RIVER OR ITS TRIBUTARIES TRIBUTARY INVOLVED: IN, CARFIELD COUNTY CASE NO. W_ 1358 • 11. f1/ P11.. FILED wATER C;ri`.1 R"1' Ulviuiun Nu. :. 0E01 31972 TE 9F c99..onAo0 wi 11:11 0..1.1.11 1 RULING OF THE REFEREE ABSOLUTE DECREE FOR UNDER GROUND WATER FIGHITS And the Referee having made the investigations required by Article 21 of Chapter 148, C.R.S. 1963, as amended does' hereby make the following ruling, to wit: This application waa referred to the Water Referee of Water Division No. 5 on the 12th day of July y , 1972. Larry Bowles 819 Grand Alrenue - Glenwood Springs, Colorado 2. The name of the structure is Bowles Well 3. The Legal description of the structure is : The well is located in the NW's of Section 35, T. 5 S., R. 90 W. of the 6th P.M. at a point whence the Northwest Corner of said Section 35 bears N. 41°47'13" W. 2010.11 feet. The depth of the well is 50 feet. 5. The 1. Name of Applicant Address 4. 6. The 7. The 4/1/. 78.7 0 /54 9g.69 Av"o'' date of initiation of appropriation is`? 3 7 • 3 6. f r t./E•sT March 14, 1972. • . amount of water claimed is 0.033 cubic foot per use of the water is domesti�econd of time. 8. The State Engineer's number is 52966. 9. The Priority date is March 14, 1972.. 10. The date of the application waa June' 30, 1972; It is the ruling of the Referee that the atatementa in the application are true and that the above described water right is approved and granted the indicated priority; aubject, however, to all earlier priority rights of others. It is accordingly ordered that'thia ruling shall become effective upon filing with the Water Clerk, subject to Judicial review as provided by law. Done t the City of Glenwood Springs, Colorado thiel dny of 1977!_ ._ No protest .ea filed In thin- Wntcr Referee Tho toreseinK ru11nR Is confirmed n. med r. Wntcr llivinioNo. y ' eliproved and•1..made the ... t State of Colornda •: -- 'D ii0e of thta-ooutt. Detedt f%t1 %, --wAter Judi g` TOTAL P.08 • • 423 NOA?N AY*NU$ • Received intro Custoa.er No. JOHN C. KEPHART & CO. Gik'tEi JL1t1CUUN LART@R!s r..o«t; (170) 242-7.141 • FA& (117O) 243-7235 • O114Mo IUhC*leN. COL01•110 81501 — ANALYTICAL REPORT — 1 br M Pump Co. Rick (970)945--6159 8611 - 117 Road Glenwood Springs, CO cc: Precision Cut Se Design 540S C Rd. 154 Glenwood Springs, CO 81601 81501 970-947-0020, FAX 947.9634 cct 3abos41 FAX 945-02L2 0175 water LabontoryNo. Sample 6/29/02 Dote Recrivei Date 1Reported Sampl e Total Suspended Solids Nitrate(N) Nitrita(N) Total Conform form 8actari a TSS Nitrate Nitrite TCS 0178 Gabossi Well <5 mg/1 0.14 mg/1 0.40 mg/1 0 colonioc/100m1 9/9/02 (.0.01) Method EPA 160.2 ASTMD3667-9U8 ASTMD3A67-906 SM 9222B (MF) Date tented 9/6/02 9/6/02 8/30/02 8/29/02 I U Ct.—kJW - V \ o �/ 1—\ ,� \J�^ , W . OFFICE OF THE STATE ENGINEER, �` vv�«< COLORADO DIVISION OF WATER RESOURC � ��R / 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203' °` t + Fid (303) 866-3581 APPLICANT LIC WELL PERMIT NUMBER 56101 -F DIV. 5 WD 39 DES. BASIN MD Lot: ROCKY GABOSSI 1125 PALMER GLENWOOD SPRINGS, CO 81601- (970) 945-9673 PERMIT TO CONSTRUCT A WELL 2 Block: Filing: Subdiv: GABOSSINVAGNER EXEMPTION APPROVED WELL LOCATION GARFIELD COUNTY NW 1/4 NW 1/4 Section 35 Township 5 S Range 90 W Sixth P.M. DISTANCES FROM SECTION LINES 1250 Ft. from North 960 Ft. from West UTM COORDINATES Northing: Section Line Section Line Easting: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. Approved pursuant to CRS 37-90-137(2) on the condition that this well is operated in accordance with the Bowles, Dorothy L Estate Augmentation Plan approved by the Division 5 Water Court in case no. 97CW162. 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. 4) Approved as a well on a residential site of 2.77 acre(s) described as lot 2, GabossiNVagner Exemption, Garfield County. This well is identified as the Bowles Well no. 2. 5) The use of ground water from this well is limited to ordinary household purposes inside one single family dwelling. The ground water shall not be used for irrigation or other purposes. 6) The maximum pumping rate of this well shall not exceed 15 GPM. 7) The annual amount of ground water to be appropriated by this well (Bowles Well no. 2) shall not exceed 0.39 acre-feet. Additionally the combined annual amount of ground water to be appropriated by the Bowles Well nos. 1 through 6 shall not exceed 11.72 acre-feet. 8) The retum flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is retumed to the same stream system in which the well is located. 9) This well shall be constructed not more than 200 feet from the location specified on this permit. 10) Totalizing flow meters must be installed on this well (Bowles Well no. 2) and the Bowles Well nos. 1, 3, 4, 5 & 6 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. 11) 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. NOTE: Parcel Identification Number (PIN): 23-2123-352-00-126 Z $ �— NOTE: Assessor Tax Schedule Number: 040337 (totaling 59.810 acres) /P, c�Q APPROVED DMW Receipt No. 9500723 State Engineer DATE ISSUED OCT 04 2001 B EXPIRATION DATO C T 0 4 2002 FORM NO. GWS -it 07/93 1 STATE OF COLORADO OFFICE OF THE STATE ENGINEER IL 818 Centennial Bldg., 1313 Sherman Sl, Denver. Colorado 80203 (303) 866.3581 - - is....”..,----.> For Office Use only pp PRIOR TO COMPLETING FORM, SEE INSTRUCTIONS ON REVERSE SIDE flECE;Yt O CHANGE IN OWNERSHIP/ADDRESS / LOCATIONAFR WELL PERMIT, LIVESTOCK TANK OR EROSION CONTROL DAM 2 G 11 . NEW OWNER WATER ;r; . M NAE(S) MAR.Y...AN1....GAB.O.S.SL...A"ND ROCKY OABOSSI Mailing Address 44523 HIGHWAY 6&24 city, st. zip GLENWOOD SPRINGS, CO 81601 Phone ( ) STATEEN,,, E r�ltrr � J RECEIVED 2. THIS CHANGE IS FOR ONE OF THE FOLLOWING: APR 2 5 X I-1 WELL PERMIT NUMBER 52966 LIVESTOCK WATER TANK NUMBER EROSION CONTROL DAM NUMBER 2001 WAT1,q RE SCu.;(,t5 STA,t £NGlNEEP r�i4 °111,L116 7LC IItt 3. WELL LOCATION: COUNTY GARFIELD OWNER'S WELL DESIGNATION BCWLES WELL 44523. HIGHWAY 6&24 (Address) C NW 1/4 or the 1/4, Sec. 3� Twp. 5 Distances from Section Lines Ft. from ❑ N. GLENWOOD SPRINGS (City) N. or ❑ S., Range 90 ❑ E. or or ri S. Line, 2010.11 Ft. from (State) X E CO 81.601 (TP) W. 6th P.M. E. or C W. Line. Subdivision Lot Block Filing (Unit) 4. LIVESTOCK TANK OR EROSION CONTROL DAM LOCATION: COUNTY 1/4, Sec. Twp, ❑ N. or ❑ S., Range _. ❑ E. or ❑ W. P.M. 5. The The above listed owner(s) say(s) that he (they) own the structure described herein. existing record is being amended for the following reason(s): Change in name of owner. ❑ Change in mailing address. ❑ Correction of location. G. I (we) have read the staiements made herein, know the contents thereof, and state that they are true to my (our) knowledge. [Pursuant to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury in the second degree and is punishable as a class 1 misdemeanor. Name/I-rile (Please type or print) MARY ANN GABOSSI ROCKY GABOSSI Signatur✓� 1 �� - Date .�.../y La L' FOR OFF4ert:FA ONLY ACCEP'T'ED ASA CHANGE IN OWNERSHIP AND/OR MAILING ADDRESS. 7/ ,,.; z . y q-Z4-ol State Engineer Sy Date Court Case No. Div. 5 --Co. WD 39 Basin MD Use ADS NORTH AVENUE • : (970) 242-7619 • FAX: (970) 243-7235 • GRAND JUNCTION. COLORADO 91501 JOHN C. KEPHART & CO. GAMU JU[TU LA — ANALYTICAL REPORT — 3 & M Pump Co. cc: Precision Cut Q Design Received from: Rick (970) 945-6159 5403 C Rd. 154 8611 - 117 Road Glenwood Springs, CO 91601 Glenwood Springs, CO 81601 970-947-0020, FAX 947-9634 cc: G. bolsi FAX 945-0212 0104, 0263 water Cuctomer No. Laboratory No. Sample 8/23/02, 9/6/02 Date Received Date Reported Sample Total Suspended Solids Nitrate(N) Ni trite(N) • 0104 Gabosci Well #2 received 9/23/02 <5 mg/1 0.34 mg/1 0.00 mg/1 (0.01) Sample 0263 Gabossi Well 312 received 9/6/02 Total Coliform Bacteria TSS Nitrate Nitrite TC9 • 0 0 colonies/100m1 9/10/02 Method Date tested EPA 160.2 8/29/02 ASTMD3867-908 8/27/02 ASTMD.3267-90B 8/23/02 SM 92228 (MF) 9/6/02 Director: 9. Bauer AOd.d • • I cC At (Tuin,p eamp any, 8611 County, 2aad 117 gemmed Strang() CC 816111 9 ne: 970-945-6159 ee& 970-948-6159 Jacr: 970-945-6159 Well Test TO: Rocky Gabossi 44523 Hwy 6 Glenwood Spgs, Co. 81601. DATE: August 19, 2002 RE: Well Test Attn: Rocky, A four hour well test was performed on a new well located at the above address. The following results were obtained: Well Depth: Static Water Level: Drawdown: Sustained Yield: Clarity: Recovery: omments: Water Samples: 250' 7' measured from top of casing 29' 15 GPM Clear 95% within 15 minutes This well test displays the adequacy for three Single family dwellings to share this well State Standards Water Test If you have any questions, please call Rick, 945-6159. J&M_PwnpCo. /2a -.f >3 �/ / /�, Richard A. Holub Lic. No. 1196 Web Soil Survey Contact Us Download Soils Data Archived Soil Surveys Area of Interest (AOI) Soil Map Page 1 of 2 Glossary Preferences Logout Help Soil Data Explorer Shopping Cart (Free) A A A Printable Version Add to Shopping Cart Q Soil1Map _J AII FZ Scale) warning: Son Nrap rray"71`Cr o vairo ar rrrrs scare Search 0 Map Unit Legend http://websoilsurvey.nres.usda.gov/app/WebSoilSurvey.aspx 3/19/2009 Web Soil Survey Page 1 of 3 Contact Us Download Soils Data Archived Soil Surveys Glossary Preferences Logout Help Area of Interest (AOI Soil Ma Soil Data Explorer ShoDDina Cart (Free a A A iew Soil Information By Use: All Uses Printable Version) Add to Shopping Cart) 0 Intro to Suitabilities and Soil Properties and Ecological Site Soil Soils Limitations for Use Qualities Assessment Reports 0 Search 0 Soil Map Soil Reports Report — Sewage Disposal Open All Close All 0 Onsite Investigation may be needed to validate the interpretations in this table and to 0 0 AOI Inventory confirm the identity of the soil on a given site. The numbers in the value columns range from 0.01 to 1.00. The larger the value, the greater the potential limitation. The table shows only the top five limitations for any given soil. The soil may have additional 0 0 Building Site Development limitations. O 0 Construction MaterialsMap Rifle Area, Colorado, Parts of Garfield and Mesa Counties 0 symbol and soil name Pct. Septic tank Sewage lagoons 0 0 Land Classifications of absorption fields map Rating class Value Rating class Value O 0 Land Management , unit and limiting and limiting features features 0 0 Recreational Development 8—Atencio-Azeltine complex, 1 to 3 percent slopes 0 0 Sanitary Facilities Atencio 45 Somewhat Very limited limited Landfills Large stones 0.01 Seepage 1.00 content Sewage Disposal Azeltine 45 Very limited Very limited Filtering 1.00 Seepage 1.00 View Description View Soli Report) capacity Options 0 0 Include Minor € Soils Seepage, 1.00 bottom layer 10—Begay sandy loam, 1 to 6 percent slopes View Description! View Soil Report! Begay 90 Not limited Very limited Soil ®0 Chemical Properties Seepage 1.00 Slope 0.32 Soil Erosion 0 0 57—Potts-Ildefonso complex, 3 to 12 percent slopes ©O Soil Physical Properties Potts 60 Very limited Very limited O 0 Soil Qualities and Features Slow water 1.00 Slope 1.00 movement 0 0 Vegetative Productivity Slope 0.01 Seepage 1.00 Ildefonso 30 Very limited Very limited 00 Waste Management Large stones 1.00 Slope 1.00 content O Q Water Features Slope 0.04 Large 1.00 O 0 Water Management stones content Seepage 1.00 67—Torriorthents-Rock outcrop complex, steep Torriorthents, steep 60 Very limited Very limited Depth to 1.00 Depth to 1.00 bedrock hard bedrock http://websoilsurvey.nres.usda.gov/app/WebSoilSurvey.aspx 3/9/20' Web Soil Survey Page 2 of 3 Seepage, bottom layer 1.00 10—Begay sandy loam, 1 to 6 percent slopes Begay 90 Not limited Very limited Seepage 1.00 Slope 0.32 57—Potts-Ildefonso complex, 3 to 12 percent slopes Potts 60 Very limited Very limited Slow water 1.00 Slope 1.00 movement Slope 0.01 Seepage 1.00 Ildefonso 30 Very limited Very limited Large stones 1.00 Slope 1.00 content 67—Torriorthents-Rock outcrop complex, steep Torriorthents, steep Rock outcrop, steep Slope 0.04 Large stones content 1.00 Seepage 1.00 60 Very limited Very limited Depth to 1.00 Depth to bedrock hard bedrock Slope 1.00 Slope Seepage Not rated 25 Not rated 1.00 1.00 0.53 Description — Sewage Disposal Sewage Disposal This table shows the degree and kind of soil limitations that affect septic tank absorption fields and sewage lagoons. The ratings are both verbal and numerical. Rating class terms indicate the extent to which the soils are limited by all of the soil features that affect these uses. Not limited indicates that the soil has features that are very favorable for the specified use. Good performance and very low maintenance can be expected. Somewhat limited indicates that the soil has features that are moderately favorable for the specified use. The limitations can be overcome or minimized by special planning, design, or installation. Fair performance and moderate maintenance can be expected. Very limited Indicates that the soil has one or more features that are unfavorable for the specified use. The limitations generally cannot be overcome without major soil reclamation, special design, or expensive installation procedures. Poor performance and high maintenance can be expected. Numerical ratings in the table indicate the severity of individual limitations. The ratings are shown as decimal fractions ranging from 0.01 to 1.00. They indicate gradations between the point at which a soil feature has the greatest negative impact on the use (1.00) and the point at which the soil feature is not a limitation (0.00). Septic tank absorption fields are areas in which effluent from a septic tank is distributed into the soil through subsurface tiles or perforated pipe. Only that part of the soil between depths of 24 and 72 inches or between a depth of 24 inches and a restrictive layer is evaluated. The ratings are based on the soil properties that affect absorption of the effluent, construction and maintenance of the system, and public health. Saturated hydraulic conductivity (Ksat), depth to a water table, ponding, depth to bedrock or a cemented pan, and flooding affect absorption of the effluent. Stones and boulders, ice, and bedrock or a cemented pan interfere with installation. Subsidence interferes with installation and maintenance. Excessive slope may cause lateral seepage and surfacing of the effluent in downslope areas. Some soils are underlain by loose sand and gravel or fractured bedrock at a depth of less than 4 feet below the distribution lines. In these soils the absorption field may not adequately filter the effluent, particularly when the system is new. As a result, the http://websoilsurvey.nres.usda.gov/app/WebSoilSurvey.aspx 3/19/2009 Web Soil Survey Page 3 of 3 ground water may become contaminated. Sewage lagoons are shallow ponds constructed to hold sewage while aerobic bacteria decompose the solid and liquid wastes. Lagoons should have a nearly level floor surrounded by cut slopes or embankments of compacted soil. Nearly impervious soil material for the lagoon floor and sides is required to minimize seepage and contamination of ground water. Considered in the ratings are slope, saturated hydraulic conductivity (Ksat), depth to a water table, ponding, depth to bedrock or a cemented pan, flooding, large stones, and content of organic matter. Saturated hydraulic conductivity (Ksat) is a critical property affecting the suitability for sewage lagoons. Most porous soils eventually become sealed when they are used as sites for sewage lagoons. Until sealing occurs, however, the hazard of pollution Is severe. Soils that have a Ksat rate of more than 14 micrometers per second are too porous for the proper functioning of sewage lagoons. In these soils, seepage of the effluent can result in contamination of the ground water. Ground -water contamination is also a hazard if fractured bedrock is within a depth of 40 inches, if the water table is high enough to raise the level of sewage in the lagoon, or if floodwater overtops the lagoon. A high content of organic matter Is detrimental to proper functioning of the lagoon because it inhibits aerobic activity. Slope, bedrock, and cemented pans can cause construction problems, and large stones can hinder compaction of the lagoon floor. If the lagoon is to be uniformly deep throughout, the slope must be gentle enough and the soil material must be thick enough over bedrock or a cemented pan to make land smoothing practical. Information in this table is intended for land use planning, for evaluating land use alternatives, and for planning site investigations prior to design and construction. The Information, however, has limitations. For example, estimates and other data generally apply only to that part of the soil between the surface and a depth of 5 to 7 feet. Because of the map scale, small areas of different soils may be included within the mapped areas of a specific soil. The information is not site specific and does not eliminate the need for onsite investigation of the soils or for testing and analysis by personnel experienced in the design and construction of engineering works. Government ordinances and regulations that restrict certain land uses or impose specific design criteria were not considered in preparing the information in this table. Local ordinances and regulations should be considered in planning, in site selection, and in design. FOIA 1 Accessibility Statement 1 Privacy Policy Non -Discrimination Statement 1 Information Quality 1 USA.gov I White House http://websoilsurvey.nres.usda.gov/app/WebSoilSurvey.aspx 3/19/2009 Web Soil Survey Page 1 of 3 Contact Us Download Soils Data Archived Soil Surveys Glossary Preferences Logout Help Soil Mao Soil Data Explorer Sh000ino Cart (Free A A A http://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx 3/19/2009 Fw Soil Information By Use: All Uses - Printable Version) Add to Shopping Cart) 0 Intro to Suitabilitles and Soil Properties and Ecological Site Soil Soils Limitations for Use Qualities Assessment Reports Search Soil Map 1 J Clear) Search 0 ���I °�Q1 JI�y U, 1 01.A' �� J Scale IF r I 0 J .J Basic Search Enter keywords Advanced Search Qr a; JJ Clear Search of Soil Reports 1.a Open All Close All 0 0 O AOI Inventory T68 R90W e Building Site Development Dwellings and Small Commercial Buildings View Descriptioni Vlew Soil Report Options 0 Include Minor Soils n Warrning::Soil Map may not be valid at this scale. " You have zoomed in beyond the scale at which the soil map for this area is intended to be used. Mapping of soils is done at a particular scale. The soil surveys View Descriptions View Soil Report y that comprise your AOI were mapped at 1:24,000. The design of map units and the level of detail shown in the resulting soil map are dependent on that map scale. Roads and Streets, Shallow Excavations, and Lawns and and Landscapingthe Enlargement of maps beyond the scale of mapping can cause misunderstanding of '. the detail of mapping and accuracy of soil line placement. The maps do not show small areas of contrasting soils that could have been shown at a more detailed �: scale. 0 0 Construction Materials 0 0 0 Report — Dwellings and Small Commercial Buildings Land Classifications 0 0 Land Management Onsite investigation may be needed to validate the interpretations in this table and to confirm the identity of the soil on a given site. The numbers in the value columns range larger limitation. The table O Q Recreational Development from 0.01 to 1.00. The the value, the greater the potential shows only the top five limitations for any given soil. The soil may have additional limitations. Sanitary Facilities ®0 Rifle Area, Colorado, Parts of Garfield and Mesa Counties 0 Landfills Map symbol and soil name Pct. Dwellings Dwellings with Small of without basements commercial Sewage Disposal map basements buildings unit Rating Value Rating Value Rating Value O 0 Soil Chemical Properties class and class and class and limiting limiting limiting features features features 0 ® Soil Erosion 8—Atencio-Azeltine complex, 1 to 3 percent slopes Soil Physical Properties O O Atencio 45 Somewhat Somewhat Somewhat limited limited limited O O oil Qualities and Features Large 0.01 Large 0.01 Large 0.01 stones O O egetative Productivity stones stones content content content O O Waste Management Azeltine 45 Not limited Not limited Not limited 10—Begay sandy loam, 1 to 6 percent slopes http://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx 3/19/2009 Web Soil Survey Page 2 of 3 Water Features ater Management Begay 57—Potts-Ildefonso complex, 3 to 12 percent slopes Potts Ildefonso 67—Torriorthents-Rock outcrop complex, steep Torriorthents, steep Rock outcrop, steep 90 Not limited Not limited Not limited 60 Somewhat Somewhat Very limited limited limited Shrink- 0.50 Slope 0.01 Slope 1.00 swell Slope 0.01 Shrink- 0.50 swell 30 Very Very Very limited limited limited Large 1.00 Large 1.00 Slope 1.00 stones stones content content Slope 0.04 Slope 0.04 Large 1.00 stones content 60 Very Very Very limited limited limited Slope 1.00 Slope 1.00 Slope 1.00 Depth to 1.00 Depth to 1.00 Depth to 1.00 hard hard hard bedrock bedrock bedrock 25 Not rated Not rated Not rated Description — Dwellings and Small Commercial Buildings Dwellings and Small Commercial Buildings Soil properties influence the development of building sites, including the selection of the site, the design of the structure, construction, performance after construction, and maintenance. This table shows the degree and kind of soil limitations that affect dwellings and small commercial buildings. The ratings in the table are both verbal and numerical. Rating class terms indicate the extent to which the soils are limited by all of the soil features that affect building site development. Not limited indicates that the soil has features that are very favorable for the specified use. Good performance and very low maintenance can be expected. Somewhat limited indicates that the soil has features that are moderately favorable for the specified use. The limitations can be overcome or minimized by special planning, design, or installation. Fair performance and moderate maintenance can be expected. Very limited indicates that the soil has one or more features that are unfavorable for the specified use. The limitations generally cannot be overcome without major soil reclamation, special design, or expensive installation procedures. Poor performance and high maintenance can be expected. Numerical ratings in the table indicate the severity of individual limitations. The ratings are shown as decimal fractions ranging from 0.01 to 1.00. They indicate gradations between the point at which a soil feature has the greatest negative impact on the use (1.00) and the point at which the soil feature is not a limitation (0.00). Dwellings are single-family houses of three stories or less. For dwellings without basements, the foundation is assumed to consist of spread footings of reinforced concrete built on undisturbed soil at a depth of 2 feet or at the depth of maximum frost penetration, whichever is deeper. For dwellings with basements, the foundation is assumed to consist of spread footings of reinforced concrete built on undisturbed soil at a depth of about 7 feet. The ratings for dwellings are based on the soil properties that affect the capacity of the soil to support a load without movement and on the properties that affect excavation and construction costs. The properties that affect the load -supporting capacity include depth to a water table, ponding, flooding, subsidence, linear extensibility (shrink -swell potential), and compressibility. Compressibility is inferred from the Unified classification. The properties that affect the ease and amount of excavation include depth to a water table, ponding, flooding, slope, depth to bedrock or a cemented pan, hardness of bedrock or a cemented pan, and the amount and size of rock fragments. Small commercial buildings are structures that are less than three stories high and do not have basements. The foundation is assumed to consist of spread footings of reinforced concrete built on undisturbed soil at a depth of 2 feet or at the depth of maximum frost penetration, whichever is deeper. The ratings are based on the soil properties that affect the capacity of the soil to support a load without movement and on the properties that http://websoilsurvey.nres.usda.gov/app/WebSoilSurvey.aspx 3/19/2009 Web Soil Survey Page 3 of 3 affect excavation and construction costs. The properties that affect the load -supporting capacity include depth to a water table, ponding, flooding, subsidence, linear extensibility (shrink -swell potential), and compressibility (which is inferred from the Unified classification). The properties that affect the ease and amount of excavation include flooding, depth to a water table, ponding, slope, depth to bedrock or a cemented pan, hardness of bedrock or a cemented pan, and the amount and size of rock fragments. Information in this table is intended for land use planning, for evaluating land use alternatives, and for planning site investigations prior to design and construction. The information, however, has limitations. For example, estimates and other data generally apply only to that part of the soil between the surface and a depth of 5 to 7 feet. Because of the map scale, small areas of different soils may be included within the mapped areas of a specific soil. The information is not site specific and does not eliminate the need for onsite investigation of the soils or for testing and analysis by personnel experienced in the design and construction of engineering works. Government ordinances and regulations that restrict certain land uses or impose specific design criteria were not considered in preparing the information in this table. Local ordinances and regulations should be considered in planning, in site selection, and in design. FOIA 1 Accessibility Statement 1 Privacy Policy I Non -Discrimination Statement 1 Information Quality 1 USA.gov 1 White House http://websoilsurvey.nres.usda.gov/app/WebSoilSurvey.aspx 3/19/2009 Web Soil Survey Page 1 of 3 Contact Us Download Soils Data Archived Soil Surveys Glossary Preferences Logout Help Area of Interest (AOI Soil Ma Soil Data Explorer ShooDIno Cart (Free A A A http://websoilsurvey.nres.usda.gov/app/WebSoilSurvey.aspx 3/19/2009 �ew Soil Information By Use: All Uses Printable Version' Add to Shopping Cart' 0 Intro to Suitabilities and Soil Properties and Ecological Site Soil Soils Limitations for Use Qualities Assessment Reports 0 Search 0 Soil Map J J Clear) Search 0 0 CilJam J J tfj A 4 cale IE .M 0 Basic Search Enter keywords Advanced Search 0 r 1 J Clear' Search�� 0K" Soil Reports x , Open All Close All 0 c 0O AOI Inventory s "` - 1313 MOW Building Site Development Dwellings and Small Commercial Buildings Roads and Streets, Shallow Excavations, and., l'F_ W ,,,.4. Lawns and Landscaping 4111 View Description' View Soil Report' Warning: Soil Mapmaynot be valid at this scale. J ` Options 0 Include Minor Soils You have zoomed in beyond the scale at which the soil map for this area is intended to be used. Mapping of soils is done at a particular scale. The soil surveys is that comprise your AOI were mapped at 1:24,000. The design of map units and the level of detail shown in the resulting soil map are dependent on that map scale. 1 Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy line The maps do not show View Description) View Soli Report' of soil placement. 1 the small areas of contrasting soils that could have been shown at a more detailed 0 0 scale. . ,. a. Construction Materials 0 0 0 Report — Roads and Streets, Shallow Excavations, and Lawns and Landscaping Land Classifications 0 0 Land Management Onsite investigation may be needed to validate the interpretations in this table and to confirm the identity of the soil on a given site. The numbers in the value columns range O O Recreational Development from 0.01 to 1.00. The larger the value, the greater the potential limitation. The table shows only the top five limitations for any given soil. The soil may have additional limitations. Sanitary Facilities Rifle Area, Colorado, Parts of Garfield and Mesa Counties 0 Landfills Map symbol and soil name Pct. Local roads and Shallow Lawns and of streets excavations landscaping Sewage Disposal map Rating Value Rating Value Rating Value unit class and class and class and O 0 Soil Chemical Properties limiting limiting limiting features features features O O Soil Erosion 8—Atencio-Azeltine complex, 1 to 3 percent slopes O O Soil Physical Properties Atencio 45 Somewhat Very Somewhat limited limited limited O O Soil Qualities and Features Large 0.01 Cutbanks 1.00 Droughty 0.15 stones cave O O II egetative Productivity content Large 0.01 0 0 Waste Management stones content Azeltine 45 Not limited Very Somewhat limitorl limitori http://websoilsurvey.nres.usda.gov/app/WebSoilSurvey.aspx 3/19/2009 Web Soil Survey Page 2 of 3 Water Features DO •ter Management 0o 10—Begay sandy loam, 1 to 6 percent slopes Begay 57—Potts-Ildefonso complex, 3 to 12 percent slopes Potts Ildefonso Very Somewhat Cutbanks 1.00 Droughty 0.99 cave Large 0.20 stones content Gravel 0.09 content 90 Not limited Somewhat Not limited limited Cutbanks 0.10 cave 60 Very Somewhat Somewhat limited limited limited Low 1.00 Cutbanks 0.10 Slope 0.01 strength cave Shrink- 0.50 Slope 0.01 swell Slope 0.01 30 Very Very Somewhat limited limited limited Large 1.00 Large 1.00 Large 0.84 stones stones stones content content content Slope 0.04 Cutbanks 0.10 Droughty 0.13 cave Slope 0.04 Slope 0.04 67—Torriorthents-Rock outcrop complex, steep Torriorthents, steep 60 Very Very Not rated limited limited Rock outcrop, steep Depth to 1.00 Depth to 1.00 hard hard bedrock bedrock Slope 1.00 Slope 1.00 25 Not rated Not rated Not rated Description — Roads and Streets, Shallow Excavations, and Lawns and Landscaping Roads and Streets, Shallow Excavations, Lawns and Landscaping Soil properties influence the development of building sites, including the selection of the site, the design of the structure, construction, performance after construction, and maintenance. This table shows the degree and kind of soil limitations that affect local roads and streets, shallow excavations, and lawns and landscaping. The ratings in the table are both verbal and numerical. Rating class terms indicate the extent to which the soils are limited by all of the soil features that affect building site development. Not limited indicates that the soil has features that are very favorable for the specified use. Good performance and very low maintenance can be expected. Somewhat limited indicates that the soil has features that are moderately favorable for the specified use. The limitations can be overcome or minimized by special planning, design, or installation. Fair performance and moderate maintenance can be expected. Very limited indicates that the soil has one or more features that are unfavorable for the specified use. The limitations generally cannot be overcome without major soil reclamation, special design, or expensive installation procedures. Poor performance and high maintenance can be expected. Numerical ratings in the table indicate the severity of individual limitations. The ratings are shown as decimal fractions ranging from 0.01 to 1.00. They indicate gradations between the point at which a soil feature has the greatest negative impact on the use (1.00) and http://websoilsurvey.nres.usda.gov/app/WebSoilSurvey.aspx 3/19/2009 Web Soil Survey Page 3 of 3 the point at which the soil feature is not a limitation (0.00). Local roads and streets have an all-weather surface and carry automobile and light truck traffic all year. They have a subgrade of cut or fill soil material; a base of gravel, crushed rock, or soil material stabilized by lime or cement; and a surface of flexible material (asphalt), rigid material (concrete), or gravel with a binder. The ratings are based on the soil properties that affect the ease of excavation and grading and the traffic -supporting capacity. The properties that affect the ease of excavation and grading are depth to bedrock or a cemented pan, hardness of bedrock or a cemented pan, depth to a water table, ponding, flooding, the amount of large stones, and slope. The properties that affect the traffic -supporting capacity are soil strength (as inferred from the AASFITO group index number), subsidence, linear extensibility (shrink -swell potential), the potential for frost action, depth to a water table, and ponding. Shallow excavations are trenches or holes dug to a maximum depth of 5 or 6 feet for graves, utility lines, open ditches, or other purposes. The ratings are based on the soil properties that influence the ease of digging and the resistance to sloughing. Depth to bedrock or a cemented pan, hardness of bedrock or a cemented pan, the amount of large stones, and dense layers influence the ease of digging, filling, and compacting. Depth to the seasonal high water table, flooding, and ponding may restrict the period when excavations can be made. Slope influences the ease of using machinery. Soil texture, depth to the water table, and linear extensibility (shrink -swell potential) influence the resistance to sloughing. Lawns and landscaping require soils on which turf and ornamental trees and shrubs can be established and maintained. Irrigation is not considered in the ratings. The ratings are based on the soil properties that affect plant growth and trafficability after vegetation is established. The properties that affect plant growth are reaction; depth to a water table; ponding; depth to bedrock or a cemented pan; the available water capacity in the upper 40 Inches; the content of salts, sodium, or calcium carbonate; and sulfidic materials. The properties that affect trafficability are flooding, depth to a water table, ponding, slope, stoniness, and the amount of sand, clay, or organic matter in the surface layer. Information in this table is intended for land use planning, for evaluating land use alternatives, and for planning site investigations prior to design and construction. The information, however, has limitations. For example, estimates and other data generally apply only to that part of the soil between the surface and a depth of 5 to 7 feet. Because of the map scale, small areas of different soils may be included within the mapped areas of a specific soil. The information is not site specific and does not eliminate the need for onsite investigation of the soils or for testing and analysis by personnel experienced in the design and construction of engineering works. Government ordinances and regulations that restrict certain land uses or impose specific design criteria were not considered in preparing the information in this table. Local ordinances and regulations should be considered in planning, in site selection, and in design. FOIA 1 Accessibility Statement 1 Privacy Policy 1 Non -Discrimination Statement 1 Information Quality 1 USA.gov 1 White House http://websoilsurvey.nres.usda.gov/app/WebSoilSurvey.aspx 3/19/2009