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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com Exemption from the Definition of Subdivision GENERAL INFORMATION (To be completed by the applicant.) D Street Address / General Location of Property: 0970 County Road 107, Carbondale, CO 81623 D Legal Description of Parent Property: Attached D Size of Property (in acres) as of January 1, 1973: Approximately 480 acres D Current Size of Property to be Subdivided (in acres): 43 acres D Number of Tracts / Lots Created Including remainder of Parent Property: 2 D Proposed size of Tracts / Lots to be Created Including remainder of Parent Property: o Lot #: c containing 22.91 acres o Lot #: n containing 19.48 acres o Lot #: containing acres o Lot #: containing acres o Lot #: containing acres D Property's Zone District: A/R/RD D Name of Property Owner (Applicant): Stephen and Helen Low, 2855 Tilden D Address: 2855 Tilden St., N.W. Telephone: (202) 362-0759 )=.City: Washington State: DC Zip Code: 20008 FAX: D Name of Owner's Representative, if any (Planner, Attorney): Robert B. Emerson D Address: 86 South Third Street Telephone: (970) 963-3700 D City: Carbondale State: Co Zip Code: 81623 FAX: (970) 963-0 STAFF USE ONLY ➢ Doc. No.: Date Submitted: TC Date: rbe. )eiw® so�,,s ,r7e I. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, an applicant requesting an Exemption from the Definition from Subdivision ("Exemption") shall specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. Provide a narrative explaining why exemption is being requested. Attached Tah 1. 2. Sketch map at a minimum scale of 1"=200' showing the legal description of the property, dimension, area, and legal description of all proposed lots or separate interests to be created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities. See Exemption Plat. 3 Vicinity map at a minimum scale of 1"=2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy of U.S.G,S. quadrangle map may be used. See Exemption Plat. 4. Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant. Attached Tab 2. 5. Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees of mineral owners of record of the property to be exempted, and tenants of any structure proposed for conversion. Attached Tab 3. 6. Evidence of soil types and characteristics of each type located on the property. Attached Tab 4. 7. Provide proof of legal and adequate source of domestic water for each lot created. Attached Tab 5. 8. Method of sewage disposal. Septic system. 9. Provide a letter of approval of fire protection plan from the appropriate fire district in which the subject property is located. Attached Tab 6. 10. If connection to a community or municipal water or sewer system is proposed, submit a letter from the governing body stating a willingness to serve the property. N/A. 11. It shall be demonstrated that the parcel existed as described on January 1, 1973 or the parcel as it exists presently is one of not more than three parcels created from a larger parcel, as it existed on January 1, 1973. Attached Tab 7. 12. A $300.00 Base Fee: Applicant shall sign the Agreement for Payment form and provide the fee with the application. Enclosed. 13. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Exemption application has been deemed technically complete. 2 II. EXEMPTION APPLICABILITY Pursuant to section 8:50 of the Subdivision Regulations, the Board of County Commissioners has the discretionary power to exempt a division of land from the definition of subdivision and, thereby, from the procedure in these Regulations, provided the Board of County Commissioners determines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The Board has determined that leases, easements and other similar interests in Garfield County owned property, land for oil and gas facilities, and an accessory dwelling unit or two family dwelling that are subject to leasehold interest only and complying with the requirements of the Garfield County Zoning Resolution, are exempt from these regulations. A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973. In order to qualify for exemption, the parcel as it existed on January 1, 1973, must have been 35 acres or greater in size at the time and not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad), preventing joint use of the proposed tracts, and the division occurs along the public right- of-way, such parcels thereby created may, at the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable. For the purposes of definition, all tracts of land 35 acres or greater in size, created after January 1, 1973 will count as parcels of land created by exemption since January 1, 1973. B. All Garfield County zoning requirements will be met. C. All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained. D. Provision has been made for an adequate source of water in terms of the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot. Proof of a legal supply shall be an approved substitute water supply plan contract; augmentation plan; an approved well permit; legally adjudicated domestic water source or a contract for a permanent legal supply of domestic water to be hauled from an outside site for a cistern. Proof of the physical supply from a well for the public meeting, may be documentation from the Division of Water Resources that demonstrates that there are wells within a 1/4 mile of the site producing at least five (5) gallons/m inute. Prior to the signing of a plat, all physical water supplies using a well shall demonstrate the following: 1) That a four (4) hour pump test be performed on the well to be used. 2) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing draw down and recharge; 3 4) A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; 5) An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6) If the well is to be shared, a legal, well sharing agreement which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs. 7) The water quality is tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. For water supplies based on the use of cistern, the tank shall be a minimum of 1000 gallons. E. Method of sewage disposal, and a letter of approval of the fire protection plan from the appropriate fire district. F. All State and local environmental health and safety requirements have been met or are in the process of being met. G. Provision has been made for any required road or storm drainage improvements. H. Fire protection has been approved by the appropriate fire district. I. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained. J. All applicable taxes and special assessments have been paid. III. PROCEDURAL REQUIREMENTS (The following steps outline how the Exemption from the Definition of Subdivision application review process works in Garfield County.) 1. Submit 2 copies of this completed application form (pages 1-6) including all submittal requirements and the base fee to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness within 15 working days. The Planning Department may request an extension of time from the Board of County Commissioners for such review not to exceed an additional fifteen (15) working days. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete in addition to requesting additional copies of the application to be provided to the Board of County Commissioners for their review in preparation for the public hearing. 3. Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Exemption application. (If 4 Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 4. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the petition for an Exemption for the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed Exemption from the Definition of Subdivision and nature of the hearing, and the date, tim e and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty :30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified -eturn receipt mail, and receipts shall be presented at the hearing by the applicant c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice sins provided by the Planning Department. The posting must take place at least thi -ty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 5. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request for Exemption for the subject property. In addition, the Applicant shall provide proof at the hearing that proper notice was provided. 6. At or within fifteen (15) days of the meeting, the Board shall approve, conditionally approve or deny the exemption request. The reasons for denial, or any conditions of approval, shall be set forth in the minutes of the meeting or in a written Resolution. An applicant denied exemption may follow the subdivision procedure in these Regulations. 7. Once the Board makes a decision regarding the request for an Exemption, Staff will provide the Applicant with a letter affirming the action taken by the Board with a list of conditions, if any, to be completed by the applicant. 8. A plat of an approved or conditionally approved exemption shall be presented to the Board for signature within 120 days of approval. The plat shall include a legal description of the exempted property, and Exemption Certificate, the County Surveyor's Certificate and a statement, if four (4) lots, parcels, or interest have been created on the parcel, that "NOTE: No further divisions by exemption from definition will be allowed." The plat shall be recorded with the County Clerk and Recorder no later than thirty (30) days after the Chairman's signature. The Chairman of the Board of County Commissioners shall not sign 5 a plat of a conditionally approved exemption until all conditions of approval have been complied with. 9. The Applicant shall be required to submit a paper copy of the plat and proof that all the conditions of approval have been met to the Building and Planning Department at least twenty-one (21) days prior to the expiration of the 120 -day deadline required for signing the plat by the Board. This is to ensure timely Staff review of the materials submitted as well as proper scheduling the plat to be signed by the board. 10.Once all of the conditions, if any, have been satisfied, an Exemption Plat shall be presented to the Board for signature within 120 days of approval. The plat shall include a legal description of the exempted property, and Exemption Certificate, the County Surveyor's Certificate and a statement, if four (4) lots, parcels, or interest have been created on the parcel, that "NOTE: No further divisions by exemption from definition will be allowed." The plat shall be recorded with the County Clerk and Recorder no later than thirty (30) days after the Chairman's signature. The Chairman of the Board of County Commissioners shall not sign a plat of a conditionally approved exemption until all conditions of approval have been complied with. I have read the statements above and have provided the required attached information whic. 's correct a ,,,accurate to the best of my knowledge. _.. gn ;'ure of ap,'cant/owner) Last Revised: 2/2006 U., Q. 2 ). 2.DO 4 6 LEGAL DESCRIPTION OF PARENT PROPERTY A tract of land situate in the SZ of Section 22 and the NWa of Section 27, all in Township 7 South, Range 88 West of the 6th Principal Meridian; being more particularly described as follows: Beginning at a point whence the Southwest corner of said Section 22 bears N. 85°56'56" W. 435.09 feet; thence N. 11°02'25" E. 113.52 feet; thence N. 14°16'05" E. 343.82 feet; thence N. 14°45'15" E. 132.31 feet; thence N. 14°33'50" E. 2.32 feet; thence S. 89°41'48" E. 2073.96 feet; thence South 547.16 feet to a point on the Southerly line of said Section 22; thence along said Southerly line of Section 22, N. 89°41'48" W. 1343.80 feet; thence leaving said Section line on a course bearing S. 00°05'23" E. for a distance of 897.47 feet; thence N. 73°19'56" W. 1011.79 feet; thence N. 09°26'18" E. 591.46 feet to the point of beginning, containing 43.00 acres, more or less. GARFTFLD COUNTY, COLORADO. NARRATIVE The requested subdivision exemption is to divide a parcel of property approximately 43 acres in size into two parcels which are physically separated by County Road 107. The parcels as divided will contain 22.91 acres and 19.4 acres respectively. The two parcels are depicted on the proposed Subdivision Exemption Plat. Book 441 Page 502 corded at 3:30 F.M. March 1973 Reception No. 257357 Ella Stephens,Recorder. STATE DOCUMENTARY FEE IBSf�t� i3 u1 s12.0„ �..w...._ WARRANTY DEED THIS DEED, made this 2nd day of March , 1973, between DANIEL W. STROOCK•of the County of Garfield and State of Colorado, of the first part, and STEPHEN LOW and HELEN C. LOW, of Bethesda, Maryland, of the second part: WITNESSETH, that the said party of the first part, for and in consideration of the sum of Ten Dollars and other valuable considerations, to the said party of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bar- gained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described lots or parcels of land situate, lying and being in the County of Garfield and State of Colorado, to -wit: A tract of land situate in the SZ of Section 22 and the NW; of Section 27, all in Township 7 South, Range 88 West of the 6th Principal Meridian; being more particularly described as follows: Beginning at a point whence the Southwest corner of said Section 22 bears N. 85°56'56" W. 435.09 feet; thence N. 11°02'25" E. 113.52 feet; thence N. 14°16'05" E. 343.82 feet; thence N. 14°45'15" E. 132.31 feet; thence N. 14°33'50" E. 2.32 feet; thence S. 89°41'48" E. 2073.96 feet; thence South 547.16 feet to a point on the Southerly line of said Section 22; thence along said Southerly line of Section 22, N. 89°41'48" W. 1343.80 feet; thence leaving said Section line on a course bearing S. 00°05'23" E. for a distance of 897.47 feet; thence N. 73°19'56" W. 1011.79 feet; thence N. 09°26'18" E. 591.46 feet to the point of beginning, containing 43.00 acres, more or less. Together with all water and ditch rights appurtenant thereto, including a water well located on the subject property. Grantees shall have the right to continue using the existing water well system to the improvements on the subject property for a period of one year from date of recording hereof. The within conveyance is subject to the following: (a) United States Patent reservations and exceptions (b) Easements and rights of way of record, including a County road and two private roads, each 30 feet in width, the center lines of which are the center lines of two roads as they now exist, ditch rights-of-way as now situate and in place and overhead power and telephone lines. The above described property, hereinafter referred to as Tract, is conveyed subject to the following covenants Book 441 Page 503 and restrictions, to -wit: 1. The Tract shall be used for residential purposes only, which shall be construed to mean and include no more than four detached single family dwellings, together with guest houses, appurtenant swimming pools, tennis courts, barns or stables and garages, for not more than three vehicles each. 2. No portion of the Tract shall be conveyed which will reduce any part to less than 10 acres in size. 3. No structure shall be erected on the Tract: (a) Nearer than 100 feet to any boundary, except boundaries on public domain; and (b) Which is visible from the "Pasture" (a metes and bounds description of which has been furnished to Grantees), so long as said Pasture is owned by Grantor. 4. No trees, bushes, brush, grass, or other ground cover and natural foliage and vegetation in existence on the Tract on date hereof shall be cut, removed, or otherwise damaged, other than is absolutely necessary for the construction of improvements as authorized by these restrictions and for ingress and egress to such improvements, it being the intent hereof to preserve and maintain the natural state and beauty of the Tract to the greatest extent possible. 5. No animals, livestock, or poultry of any kind shall be raised, bred or kept on the Tract for commercial purposes. 6. All animals, other than dogs, cats and other house- hold pets, shall be grazed or fed, other than in a barn or stable, on a parcel of land commonly known as the Pasture, a metes and bounds description of which has been furnished to Grantee by Grantor. No animals, except as in this paragraph provided, shall be kept on the Tract. The provisions of this paragraph shall not apply to that portion of the Tract located within the following described parcel: A parcel of land in Sections 22 and 27, T. 7 S., R. 88 W. of the 6th P.M., more completely described as follows: Beginning at a point on the South line of Section 22, whence the SW corner of said Section 22 bears N. 89°40'00" W. 1304.89 feet; thence S. 00°05'23" E. 896.78 feet; thence N. 73°19'56" W. 1011.79 feet; thence N. 09°26'18" E. 591.46 feet; thence N. 11°02'25" E. 113.52 feet; thence N. 14°16'05" E. 343.82 feet; thence N. 14°45'15" E. 132.21 feet; thence N. 14°33'50" E. 67.64 feet; thence N. 03°59'35" E. 145.48 feet; thence S. 55°29'48" E. 149.90 feet; thence S. 61°09'18" E. 260.00 feet; thence N. 55°55'42" E. 86.90 feet; thence S. 83°24'4.8" E. 201.00 feet; thence N. 85°27'21" E. 199.17 feet; thence N. 80°12'51" E. 87.18 feet; thence South 607.11 feet; thence N. 89°40'00" W. -2- Book 441 Page 504 203.80 feet to the point of beginning, containing 30.00 acres, more or less. 7. Grantor herewith grants to Grantees a right to lease, together with others, the Pasture for the grazing of a reasonable number of animals. Grantor further conveys to Grantee the right, together with others, of first refusal to purchase the Pasture, subject to and upon the terms and conditions as are set forth in separate indenture executed by the parties hereto this date. 8. The above covenants and restrictions shall run with the land and shall be binding on all parties and all persons claiming under them until July 21, 1991 after which date said covenants and restrictions (excepting those pertaining to that portion of the Tract located within the parcel described in paragraph 6 above) shall be automatically extended for successive periods of 10 years unless an instrument signed by the then owners of a 2/3rds majority of the following described real property shall be recorded revoking or changing said restrictions and covenants, to - wit: Township 7 South, Range 88 West, 6th P.M. Section 21: N 5E;; 5E1/45E4 Section 22: SW4; SW4NE4; NW4SE4; 53SE4 Section 27: NW4NW4; Lot 4 EXCEPTING THEREFROM THE FOLLOWING: A tract of land in the W 5W4 of Section 27, T. 7 S., R. 88 W., 6th P.M. described as follows: Beginning at a point which is the stone 4 corner common to Sections 27 and 28, thence along the Section line N. 00°06'54" W. 2139.30 feet; thence S. 73°19'56" E. 1362.49 feet; to the east side line of the Wz of said NW4, Section 27; thence S. 00°05'23" E. 1788.97 feet; thence N. 88°13'21" W. 1304.37 feet, more or less, to the point of beginning, containing 58.8022 acres, more or less. A parcel of land in Sections 22 and 27, Township 7 South, Range 88 West of the 6th P.M., more completely described as follows: Beginning at a point on the South line of Section 22, whence the SW corner of said Section 22 bears N. 89°40'00" W. 1304.89 feet; thence S. 00°05'23" E. 896.78 feet; thence N. 73°19'56" W. 1011.79 feet; thence N. 09°26'18" E. 591.46 feet; thence N. 11°02'25" E. 113.52 feet; thence N. 14°16'05" E. 343.82 feet; thence N. 14° 45'15" E. 132.21 feet; thence N. 14°33'50" E. 67.64 feet; thence N. 03°59'35" E. 145.48 feet; thence S. 55°29'48" E. 149.90 feet; thence S. 61°09'18" E. 260.00 feet; thence N. 55°55'42" E. 86.90 feet; thence S. 83°24'48" E. 201.00 feet; thence N. 85°27'21" E. 199.17 feet; thence N. 80°12'51" E. 87.18 feet; thence South 607.11 feet; thence N. 89°40'00" W. 203.80 feet to the point of beginning, containing 30.00 acres, more or less. A tract of land in Section 22, Township 7 South, Range 88 West of the 6th P.M., more completely described as follows: -3- Book 441 Page 505 Beginning at a point whence the SE corner of said Section 22 bears S. 89°40'00" E. 652.45 feet; thence N. 89°40'00" W. 652.44 feet; thence N. 00°26'23" W. 665.96 feet; thence S. 89°40'00" E. 655.73 feet; thence S. 00°09'18" E. 665.96 feet to the point of beginning, containing 10.00 acres, more or less.° 9. Grantor covenants and agrees to impose the restrictive covenants above set forth on all real property which he now owns and may hereafter sell located within Sections 21, 22 and 27, Township 7 South, Range 88 West of the 6th P.M. 10. Enforcement of the within covenants and restrictions shall be by proceedings at law or in equity against any person or persons violating or attempting to violate the same, either to restrain violations or to recover damages. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, their heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors and administra- tors does covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these presents he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form afore- said, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever, except taxes for the year 1973, which Grantees herein assume and agree to pay, and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF the said party of the first part has hereunto set his hand and seal the day and year first above written. STATE OF COLORADO ss. COUNTY OF BOULDER DANIEL W. STROOCK The foregoing instrument was acknowledged before me this Book 441 Page 506 2nd day of March , 1973, by DANIEL W. STROOCK. My commission expires: June 1, 1974 WITNESS my hand and official seal. NOTARY PUBLIC Book 441 Page 506 2nd day of March , 1973, by DANIEL W. STROOCIC. My commission expires: June 1, 1974 WITNESS my hand and official seal. C1 NOTARY PUBLIC Phillip R. & Patricia A. Lacerte 6901 Ocean Blvd. Long Beach, CA 90803 Kenneth Riley P. O. Box 584 Carbondale, CO 81623 Nancy Jo Quisenberry P. O. Box 626 Carbondale, CO 81623 lie( m n e 1, f Non -Technical Descriptions Soil Survey Area: 655 ASPEN -GYPSUM AREA, COLORADO, PARTS OF T ♦ /YT T 11 ♦ i1r,rrnr T ♦ 1TT TirfliTAT r fl. T1yr.-y,T(V Map unit: 106 Tridell-Brownsto stony sand- loams, 12 to 50 percent slopes, extremely stony Description Category: SOI This map unit is on terrace and mountainside slopes. This unit is 45 percent Tridell and 35 percent Brownsto. The surface is scattered with 5 to 10 percent stones. The Tridell soil is somewhat excessively drained. It formed in alluvium and colluvium derived dominantly from basalt. The upper part of the surface layer is stony sandy loam about 2 inches thick. The lower part is very cobbly fine sandy loam about 7 inc hes thick. The upper 5 inches of the underlying material is very cobbly fine sandy loam. The next 11 inches are cobbly sandy loam. The next 12 inches are very stony fine sandy loam. The lower part to a depth of 60 inches is very stony loamy sand. Perm eability is moderately rapid. Available water capacity is low. Effective rooting depth is 60 inches or more. Runoff is medium to rapid, and the hazard of water erosion is very high. The Brownsto soil is deep and well -drained. It formed in alluvium derived dominantly from coarse textured calcareous sandstone and basalt. The surface layer is stony sandy loam 11 inches thick. The upper 19 inches of the underlying material is very gray elly sandy loam. The next 12 inches is very gravelly loamy sand. The lower part to a depth of 60 inches is gravelly sandy loam. Permeability is moderate. Available water capacity is low. Effective rooting depth is 60 inches or more. Runoff is rapid, and the hazard of water erosion is very high. Monday, August 21, 2006 Page 1 of 1 O 0 0 O O N O O co O O 0 o m (D (D r 0 SOIL SURVEY OF ASPEN -GYPSUM AREA, COLORADO, PARTS OF EAGLE, GARFIELD, AND PITKIN COUNTIES SOIL SURVEY OF ASPEN-GYPSUM AREA, COLORADO, PARTS OF EAGLE, GARFIELD, AND PITKIN COUNTIES Soil Survey of Aspen -Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties Stephen Low Map Unit Legend Summary Aspen -Gypsum Area, Colorado, Parts of Eagle, Garfield, and Pitkin Counties Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 33 Earsman-Rock outcrop 0.1 0.2 complex, 12 to 65 percent slopes 35 Empedrado loam, 6 to 12 0.1 0.6 percent slopes 106 Tridell-Brownsto stony sandy 23.6 99.2 loams, 12 to 50 percent slopes, extremely stony USDA Natural Rcvarces MN Conservation Service Web Soil Survey 1.1 8/21/2006 National Cooperative Soil Survey Page 3 of 3 There is currently a residence with a domestic water well located on Parcel C. The well permit number for this well is 66939-A. An application for a well permit for Parcel D will be submitted and once the well permit is obtained, a well will be drilled on the property. The Applicant understands that final approval of subdivision exemption is contingent on proof of a legal and adequate source of domestic water for each lot created. FIRE • EMS • RESCUE August 21, 2006 Bob Emerson 86 South 3rd Street Carbondale, CO 81623 RE: Stephen & Helen Low, Subdivision Exemption 0970 County Road 107, Carbondale Dear Bob: The Stephen & Helen Low property on County Road 107 in Carbondale is located within the service area of the Carbondale & Rural Fire Protection District. The property is served by the District for both fire and ems services. The new lot is subject to development impact fees adopted by the fire district. An agreement with the District will be required for the payment of the development impact fees. Execution of the agreement and payment of the fees are due prior to the recording of the final plat. Fees are based upon the impact fees adopted by the District at the time the agreement is executed. The current fee for residential development is $437.00 per unit. Please contact me if you have any questions. Bill Gavette Deputy Chief Carbondale & Rural Fire Protection District 300 Meadowood Drive • Carbondale, CO 81623 • 970-963-2491 Fax 970-963-0569 10/22/2004 15:26 FAX 9709454784 ICIe GUARANTEE COMPANY LTG-GLENWOOD SPRINGS 1317 Grand Avenue, Suite 200 Glenwood Springs, Colorado 81601 Phone: (970) 945-2610 Fax: (970) 945-4784 October 22, 2004 Robert Emerson 86 S. 'Third:- Carbondale, Co. 81623 Re: Stephen Low Property Dear Mr. Emerson: .OB EMERSON 11002/003 Pursuant to your request; I have searched the real property records for Garfield County between the dates of January 1, 1973 and March 13, 1973 and determined that,there was not any property division of the property described in deed recorded August .25,,,1969 .in book 404 at page 220 to wit: . • N1/2SE1%4 '"and '.SE1/4SE1/4 of Section 21; SW1/4, SW1/4NE1/4, W1/2SE1/4 and SE1/4SE1/4 of Section 22; NW1/4NW1/4 and Lot 4 of Section 27, all in Townsliip 7 South, Range 88 West of the 6th P.M.. If you have further questions please. call: Tom Schunernari Title Manager . . 1.• 01/16/2007 13:26 FAX 9709454784 LTG-GLENWOOD SPRINGS fj002/003 9709454784 PF" Land Title GUARANTEE COMPANY 1317 Grand Avenue, Suite 200 Glenwood Springs, Colorado 81601 Phone: (970) 945-2610 Fax: (970) 945-4784 January 16, 2007 Re: Stephen Low Robert Emerson 86 S. 3rd. Carbondale, Co. 81623 Mr. Emerson: Land Title Guarantee Co. has reviewed the records of the Clerk & Recorder of Garfield County in order to determine mineral ownership of Garfield County Parcel # 2393-22-3-00-184, owned by Stephen and Helen C. Low. The records reveal that there has been no severance of minerals from the above parcel and that the Lows own all of the mineral rights. If we can be of further assistance let me know. Truly Ygurs, Tom Schuneman Title Manager N RECEIVED �q r i 200? GARFiEi.6 TY eUkaNG PLANA/NG 17 16 15 77 LAW OFFICES ROBERT B. EMERSON, P.C. 86 SOUTH THIRD STREET CARBONDALE. COLORADO 81623 (970) 963-3700 ROBERT B. EMERSON October 31, 2006 David Pesnichak Senior Planner Garfield County Building & Planning Dept. 108 8th Street, Suite 201 Glenwood Springs, CO 81601 Re: Low Subdivision Exemption Dear Mr. Pesnichak: FAX (970) 963-0985 Enclosed please find a copy of the Basalt Water Conservancy District contract and Order regarding the well to be drilled on Parcel D shown on the proposed Subdivision Exemption Map. The original contract was sent to the Lows for signature, and I will provide you with a signed copy as soon as I receive it. The Order will be signed once the signed contract is received. These documents should be the final piece of information needed by your office to complete your review of this application and schedule the matter for hearing before the Board. However, if you need any additional information, please contact me as soon as possible. Otherwise, I will look forward to receiving your staff report and information regarding the scheduling of the hearing before the Board. RBE/jc Enclosure cc: Stephen and Helen Low Sincerely, s75 Robert B. Emerson BASALT WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT NO. 505 Pursuant to C.R.S. 1973, 37-45-131 SRA Stephen Low and Helen C. Low (hereinafter "Applicants") have applied to the Basalt Water Conservancy District (hereinafter the "District"), a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of Colorado Revised Statutes, 1973, 37-45-101, et seq., for an allotment Contract for beneficial use of water rights owned, leased, or hereafter acquired by the District. By execution of this Contract, Applicants agree to the following terms and conditions and those certain terms and conditions set forth in the attached Order, which is fully incorporated as a part of this Contract: 1. QUANTITY: In consideration of the covenants and conditions herein contained, Applicants shall be entitled to receive and apply to beneficial use 0.033 cubic feet of water per second from the District's direct flow rights and 0.2 acre feet per year of storage or other augmentation water owned or controlled by the District. Applicants shall restrict actual diversions and consumptive use under this Contract to these amounts. The Contract amount is based on the water requirements table attached hereto as Exhibit B. Any increase or change in the water requirements to be served by the District will require an amendment to the subject Contract. 2. SOURCE OF ALLOTTED WATER: Water rights allotted pursuant to this Contract shall be from the District's water rights decreed to the Basalt Conduit, Landis Canal, Stockman's Ditch Extension, Troy and Edith Ditch, Robinson Ditch, or other water rights hereafter acquired by the District, including the District's right to receive storage water from Ruedi Reservoir and Green Mountain Reservoir. The District shall have the right to designate the water right or Decree of the District from which the Applicants' allotted rights shall be obtained. The Applicants' use of any of the District's water rights shall be subject to any and all terms and conditions imposed by the Water Court on the use of the District's said rights. Exchange or augmentation releases made from the District's storage rights in Ruedi or Green Mountain Reservoirs or other works and facilities of the District shall be delivered to the Applicants at the outlet works of said storage facility and release of water at such outlet works shall constitute full performance of the District's delivery obligation. Delivery of water from the District's storage rights in Ruedi or Green Mountain Reservoir shall be subject to the District's lease contract with the United States Bureau of Reclamation and any rules and regulations promulgated pursuant thereto. Releases from other facilities available to the District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the future, so long as the water service to the Applicants pursuant to this agreement is not impaired by said action. 1 3. PURPOSE AND LOCATION OF USE: Applicants will use the water rights allotted pursuant to this Contract for beneficial purposes by diversion at Applicants' point of diversion under the Districts direct flow water rights and/or for use by augmentation or exchange. Applicants will use the water allotted by the District within or through facilities or upon lands owned, operated, or served by Applicants, which lands are described on Exhibit A attached hereto; provided that the location and purpose of Applicants' use of said water shall be legally recognized and permitted by the applicable governmental authority having jurisdiction over the property served. Applicants' contemplated usage for the water allotted hereunder is for the following use or uses: X Domestic/Municipal Industrial Commercial Agricultural Other It is acknowledged that certain locations within the District may not be susceptible to service solely by the District's water rights allotted hereunder or the District's said water rights may not satisfy Applicants' needs and purposes. To the extent that service cannot be achieved by use of the District's allotted water rights, or in the event said service is inadequate, Applicants may utilise such other water rights, by way of supplementing the District's water rights, or otherwise, as is necessary to assure water service sufficiently reliable for Applicants' intended purpose or purposes. All lands, facilities and areas served by water rights allotted hereunder shall be situated within the boundaries of the District. Any quantity of the Applicants' allocation not delivered to or used by Applicants by the end of each water year shall revert to the water supplies of the District. Such reversion shall not entitle Applicants to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the Districts applicable water right and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado State Engineer to estimate any conveyance losses between the original point and any alternate point and such estimate shall be deducted from this amount in each case. The District, or anyone using the Districts decrees, may call on any additional sources of supply that may be available at an alternate point of diversion, but not at the original point of diversion, only as against water rights which are junior to the date of application for the alternate point of diversion. In the event the Applicants intend to institute any legal proceedings for the approval of an augmentation plan and/or any change to an alternate point of diversion of the District's water right to allow the Applicants to utilise the water allotted hereunder, the Applicants shall give the District written notice of such intent. In the event the Applicants develop and adjudicate an alternate point of diversion and/or an augmentation plan to 2 utilize the water allotted hereunder, Applicants shall not be obligated to bear or defray any legal or engineering expense of the District incurred by the District for the purpose of developing and adjudicating a plan of augmentation for the District. In any event, the District shall have the right to approve the Applicants' application for change of water right, and/or augmentation plan or other water supply plan involving the District's rights, and the Applicants shall provide the District copies of such application and of all pleadings and other papers filed with the Water Court in the adjudication thereof. The District reserves the exclusive right to review and approve any conditions which maybe attached to judicial approval of Applicants' use of the District's water rights allotted hereunder. Applicants agree to defray any out-of-pocket expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights adjudication necessary to allow Applicants' use of such allotted water rights; provided, however, in the event any such adjudication involves more of the District's water rights than are allotted pursuant to this Contract, Applicants shall bear only a pro -rata portion of such expenses. Applicants shall be solely responsible for providing the structures, works and facilities, if any, necessary to utilize the District's water rights allotted hereunder for Applicants' beneficial use. 4. PAYMENT: Applicants shall pay annually for the water service described herein at a price to be fixed annually by the Board of Directors of the District for such service. Payment of the annual fee shall be made, in full, within fifteen (15) days after the date of a notice from the District that the payment is due. Said notice will advise the Applicants, among other things, of the water delivery year to which the payment shall apply and the price which is applicable to that year. If a payment is not made by the due date, a late fee of $50 (or such other amount as the Board may set from time to time) will be assessed and final written notice of the delinquent account and late fee assessment will be sent by the District to the Applicants at Applicants' address set forth below. If payment is not made within thirty (30) days after said final written notice, the District may, at its option, elect to terminate all of the Applicants' right, title, or interest under this Contract, in which event the water right allotted hereunder may be transferred, leased or otherwise disposed of by the District at the discretion of its Board of Directors. In the event water deliveries hereunder are made by or pursuant to agreement with some other person, corporation, quasi -municipal entity, or governmental entity, and in the event the Applicants fail to make payments as required hereunder, the District may, at its sole option and request, authorize said person or entity to curtail the Applicants' water service pursuant to this Contract, and in such event neither the District nor such persons or entity shall be liable for such curtailment. 5. APPROPRIATION OF FUNDS: The Applicants agree that so long as this Contract is valid and in force, Applicants will budget and appropriate from such sources 3 of revenues as may be legally available to the Applicants the funds necessary to make the annual payments in advance of water delivery pursuant to this Contract. The Applicants will hold harmless the District and any person or entity involved in the delivery of water pursuant to this Contract, for discontinuance in service due to the failure of Applicants to maintain the payments herein required on a current basis. 6. BENEFIT OF CONTRACT: The water right allotted hereunder shall be beneficially used for the purposes and in the manner specified herein and this Contract is for the exclusive benefit of the Applicants and shall not inure to the benefit of any successor, assign, or lessee of said Applicants without the prior written approval of the Board of Directors of the District. Upon the sale of the real property to which this Contract pertains, Applicants have a duty to make the buyer aware of this Contract and the need to assign the Contract to the buyer. However, prior written approval of the Board of Directors of the District is required before the assignment is effective. Payment of an assignment fee in an amount determined by the Board shall be required as a prerequisite to approval of the assignment. In the event the water right allotted hereunder is to be used for the benefit of land which is now or will hereafter be subdivided or otherwise held or owned in separate ownership interest, the Applicants may assign the Applicants' rights hereunder only to a homeowners association, water district, water and sanitation district or other special district, or other entity properly organized and existing under and by virtue of the laws of the State of Colorado, and then only if such association, entity or special district establishes to the satisfaction of the Basalt Water Conservancy District that it has the ability and authority to assure its performance of the Applicants' obligations under this Contract. In no event shall the owner of a portion, but less than all, of the Applicants' property to be served under this Contract have any rights hereunder, except as such rights may exist through a homeowners association or special district as above provided. Any assignment of the Applicants' rights under this Contract shall be subject to and must comply with such requirements as the District has adopted or may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors, provided that such requirements shall uniformly apply to all allot - tees receiving District service. The restrictions on assignment as herein contained shall not preclude the District from holding the Applicants, or any successor to the Applicants, responsible for the performance of all or any part of the Applicants' covenants and agreements herein contained. 7. OTHER RULES: Applicants' rights under this Contract shall be subject to the Water Service Plan as adopted by the District and amended from time to time; provided that such Water Service Plan shall apply uniformly throughout the District among water users receiving the same service from the District. Applicants shall also be bound by all 4 applicable law, including, for example, the provisions of the Water Conservancy Act of the State of Colorado, the Rules and Regulations of the Board of Directors of the District, the plumbing advisory, water conservation, and staged curtailment regulations, if any, applicable within the County in which the water allotted hereunder is to be used, together with all amendments of and supplements to any of the foregoing. 8. CURTAILMENT OF USE: The water service provided hereunder is expressly subject to the provisions of that certain Stipulation in Case No. 81CW253 on file in the District Court in Water Division 5 of the State of Colorado, which Stipulation provides, in part, for the possible curtailment of out -of -house municipal and domestic water demands upon the occurrence of certain events and upon the District giving notice of such curtailment, all as more fully set forth in said Stipulation. 9. OPERATION AND MAINTENANCE AGREEMENT: Applicants shall enter into an "Operation and Maintenance Agreement" with the District if and when the Board of Directors finds and determines that such an agreement is required by reason of additional or special services requested by the Applicants and provided by the District or by reason of the delivery or use of water by the Applicants for more than one of the classes of service which are defined in the Rules and Regulations of the Board of Directors of said District. Said agreement may contain, but not be limited to, provision for water delivery at times or by means not provided within the terms of standard allotment contracts of the District and additional annual monetary consideration for extension of District services and for additional administration, operation and maintenance costs, or for other costs to the District which may arise through services made available to the Applicants. 10. CHANGE OF USE: The District reserves the exclusive right to review and approve or disapprove any proposed change in use of the water right allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 11. PRIOR RESOLUTION: The water service provided hereunder is expressly subject to that certain Resolution passed by the Board of Directors of the District on September 25, 1979, and all amendments thereto, as the same exists upon the date of this application and allotment Contract. 12. NO FEE TITLE: It is understood and agreed that nothing herein shall give the Applicants any equitable or legal fee title interest or ownership in or to any of the water or water rights of the District, but that Applicants are entitled to the right to use the water right allotted hereunder, subject to the limitations, obligations and conditions of this Contract. 5 13. COMPLIANCE WITH SECTION 404 OF THE CLEAN WATER ACT. Applicants shall comply with Section 404 of the Clean Water Act and consult with the Army Corps of Engineers to complete any Section 404 compliance that may be required as a result of the construction of any facilities necessary to use contract water. 14. CONSERVATION PRACTICES: Applicants shall implement and use com- monly accepted conservation practices with respect to the water and water rights allotted hereunder and shall be bound by any conservation plan hereafter adopted by the District, as the same may be amended from time to time. 15. WELL PERMIT: If Applicants intend to divert through a well, then Applicants must provide to District a copy of Applicants' valid well peumit before the District is obligated to deliver any water hereunder, and it is the Applicants' continuous duty to maintain a valid well permit. Applicants shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Applicants must comply with the well -spacing requirements set forth in C.R.S. §37-90-137, as amended, if applicable. Compliance with said statutory well -spacing criteria shall be an express condition of the extension of service hereunder, and the District shall in no way be liable for an Applicants' failure to comply. Applicants agree to mark the well in a conspicuous place with the permit number. 16. MEASURING DEVICE OR METER: Applicants agree to provide, at their own expense, a totalizing flow meter with remote readout to continuously and accurately measure at all times all water diverted pursuant to the terms of Applicants' water right and the terms of this Contract. On or before November 15 of each year, Applicants will provide accurate readings from such device or meter (recorded on a monthly basis for the period November 1 through October 30 of each year) to District, the Division Engineer and Water Commissioner. Applicants acknowledge that failure to comply with this paragraph could result in legal action to terminate Applicants' diversion of water by the State of Colorado Division of Water Resources. By signing this Contract, Applicants hereby specifically allow District, through its authorized agent, to enter upon Applicants' property during ordinary business hours for the purposes of determining Applicants' actual use of water. 17. CONTRACT TERMINATION: A. Termination by District: 1. The District may terminate this Contract for any violation or breach of the terms of this Contract by Applicants. 2. The District may terminate this Contract if, in its discretion, any judicial or administrative proceedings initiated by Applicants threaten the District's authority to contract for delivery or use of the District's water rights, 6 or threaten the District's permits, water rights, or other interests of the District. B. Termination by Applicants: 1. Applicants may terminate this Contract in its entirety for any reason by notifying the District in writing of the termination on or before April 1. Notice by said date will prevent the Applicants' liability for the next annual contract charge. 18. RECORDING OF MEMORANDUM: In lieu of recording this Water Allotment Contract, a Memorandum of Water Allotment Contract will be recorded with the Garfield County Clerk and Recorder's Office. The costs of recording the Memorandum shall be paid by Applicants. Applicants: Stephen Low Helen C. Low Applicants' Address: Stephen and Helen C. Low P.O. Box 797 Carbondale, CO 81623 Telephone: (970) 963-3210 STATE OF ) ) ss. COUNTY OF Subscribed and sworn to before me this day of , 2006, by Stephen Low and Helen C. Low. Wi'I NESS my hand and official seal. My commission expires: 7 Notary Public EXHIBIT A A tract of land situate in the S1/2 of Section 22 and the NW1/4 of Section 27, all in Township 7 South, Range 88 West of the 6th Principal Meridian; being more particularly described as follows: Beginning at a point whence the Southwest corner of said Section 22 bears N. 85°56'56" W. 435.09 feet; thence N. 11°02'25" E. 113.52 feet; thence N. 14°16'05" E. 343.82 feet; thence N. 14°45'15" E. 132.31 feet; thence N. 14°33'50" E. 2.32 feet; thence S. 89°41'48" E. 2073.96 feet; thence South 547.16 feet to a point on the Southerly line of said Section 22; thence along said Southerly line of Section 22, N. 89°41'48" W. 1343.80 feet; thence leaving said Section line on a course bearing S. 00°05'23" E. for a distance of 897.47 feet; thence N. 73°19'56" W. 1011.79 feet; thence N. 09°26'18" E. 591.46 feet to the point of beginning, containing 43.00 acres, more or less. 8 H U cc H N U Z Z > w W • CC N Z CJ (1) UO X IIICC IXw W W H J QCO to0 U a)aa) aS cuc CO O 0 N mE• Q E CO CO 0 0 tri c LL 0 a 222222222222 zzzzzzzzzzzz 000000000000 J 0f) )O tN )O 0 0 0 t- N- N 0 0 0 0 0 0 O O O 00000,0000000 �- O O O O O O O O O O O o 0 O 0 0 0 0 0 0 0 0 0 0 0 0 O N O O o 0 0 0 0 0 0 0 0 0 co 0 0 0 0 0 o 0 0 0 o o o O v > 0 0 0 0 0 0 0 0 0 0 0 0 O J -° 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7, 0 O o 0 o 0 0 o 0 o co o 0 y v V 0 0 0 0 0 0 0 0 0 0 0 0 O C .O O O O .- O 1- O CO O N O 0 < O O O O O,-00000 7 N 0) a) Q1 0 0 0 0 0 0 0 0 0 0 0 0 0 C O J '.. 0 0 0 0 0 0 0 0 0 0 0 0 O — U _U m N N Q) 0 0 E t O C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 )O )O )O U) LO CO C!) )O ti) CC) CO O) 0 0 0 0 0 0 0 0 0 0 0 0 )O 000000000000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c c c d m J e O )O N )O LC) CO O O )fi p MM M M O O O M M M O o 0 00 0 0 0 0 O 0 C. 0 0 t▪ { 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000000000000 0 O O o O 0 o 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O o O o 0 0 0 0 0 0 0 0 o O 00000000000 c c .2 0 0 0,- M O N cou t-- O ) m 0 0 0 0 0 0 0 0 7, J O 0007,0000000o 0 000000000000 0 U 4) N O Er t 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 o O o o 0 0 0 0 0 0 0 0 0 0 ci 0 O M O M N M N M M N M N M N M CO CO M M M M M CO CO M M 0) 000000000000 CO 0 0 0 0 0 0 0 0 0 0 0 0 O n ` a m EnCO ` _EE JJ?C>_ CC MI ' On u..2 Q g,QcnO z 0 1 7Ec mas 0) 0 a) E E O j N O• r [1 CO 0 Off) O Ca U CL >.v C o ., d U W o c E co y J c0 o U 0) 0 0 co co 0 o 0 0) OM O vr o N U al co m m o)� c c .0 CO U J = 0. o O Cr: 0 Cr 03 CO CD ORDER GRANTING APPLICATION FOR ALLOTMENT CONTRACT STEPHEN LOW AND HELEN C. LOW CONTRACT NO. 505 Application having been made by or on behalf of Stephen Low and Helen C. Low and hearing on said Application having been duly held, it is hereby ordered that said Application be granted and that the attached Water Allotment Contract for 0.033 cubic feet of water per second from the District's direct flow rights and 0.2 acre feet per year of storage/augmentation water owned or controlled by the District is hereby approved and executed by and on behalf of the Basalt Water Conservancy District, for the beneficial use of the water allotted in the attached Contract, upon the terms, conditions and manner of payment as therein specified and subject to the following specific conditions: 1. The Applicants have acknowledged that the land to be benefitted by the attached Contract is described on Exhibit A attached hereto and incorporated herein by this reference. 2. In the event of the division of the property served by this Contract into two or more parcels owned by different persons, the Applicants shall establish a Homeowners Association or other entity acceptable to the District for the ongoing payment of charges due under the approved Contract following subdivision of the property. The Applicants shall give notice to purchasers of all or any part of the subject property of the obligation of this Contract, and shall record such notice in the records of the Clerk and Recorder of Garfield County, Colorado. Applicants and their successors and assigns shall comply with all rules and regulations now existing or hereafter adopted by the District, including to enforce payment of charges due under the approved Contract by present and future owners of all or any part of the real property served under this Contract. 3. Any allotment of less than 1.0 acre foot of storage water in Paragraph 1 of the attached Contract shall be deemed 1.0 acre foot for purposes of establishing the annual water service charge for such water allotment. 4. Applicants have represented to the District that the proposed use of the land to be benefitted by the water allotted hereunder has been approved by the applicable governmental authorities having jurisdiction over such land use and by executing the attached water allotment contract warrants to the District that the lot or parcel to be benefitted hereunder is legally subdivided. 5. Any well permits issued on the basis of this Allotment Contract shall be applied for and issued in the name of the Applicants. 6. By acceptance of this Contract, Applicants acknowledge that within two years of the date hereof or such later date as the District may approve, the Applicants shall file with the Water Court of Water Division No. 5 a water rights plan of augmentation for -1- utilization of water allotted hereunder at the location and for the purposes hereinabove set forth, or the Applicants' water allotment as provided in this Contract may be included in a water rights plan of augmentation to be filed by the District with the expenses thereof to be shared prorata by the Contract holders included in such plan; provided that inclusion of the Applicants' water allotment in the District's plan of augmentation shall be at the District's sole discretion. In the event the District includes the Applicants' water allotment in the District's Application for a plan of augmentation, the Applicants acknowledge that execution of the subject contract constitutes waiver of any notice of the application for the plan for augmentation by the Water Referee or the Water Clerk under C.R.S. § 37-92-302(3)(c)(I). Applicants will provide such information and assistance, including testimony, as may be needed for judicial approval of the plan. The District makes no warranty that it will secure approval of the plan. The District may establish an augmentation plan fee to be paid by the holder of any Contract or amended Contract to be included within a plan of augmentation to be filed by the District, which fee shall be payable in advance of the inclusion of such Contract in a District plan of augmentation and may be based on the District's good faith estimate of the anticipated expense of such plan of augmentation. If such augmentation plan fee paid by a Contract holder exceeds the Contract holder's prorata portion of the actual expenses incurred by the District in completing said plan of augmentation, the District shall refund such excess to the Contract holder. Conversely, if such augmentation plan fee paid by the Contract holder does not cover the Contract holder's prorata portion of the actual expenses incurred by the District in completing said plan of augmentation, then Applicants shall pay the remaining balance of their portion of the actual expenses upon the District's providing the holder with a statement for the same. To the extent that the District is caused additional costs because of objections filed specifically due to the inclusion of Applicants' Contract in the filing, such additional costs may be charged specifically to Applicants and not shared on a prorata basis by all Contractees. 7. Any and all conditions imposed upon the release and diversion of water allotted hereunder in any water rights plan of augmentation or other water rights decree of the Water Court for Water Division No. 5 shall be incorporated herein as a condition of approval of this contract. Granting of this allotment contract does not constitute the District's representation that the Applicants will receive a well permit or water rights decree for the land to be benefitted hereby. 8. If Applicants intend to divert water through a well or wells, Applicants shall provide the District a copy of Applicants' valid well permit for each such well before the District is obligated to deliver water for the benefit of Applicants hereunder. Applicants must comply with the well -spacing requirements set forth in C.R.S. §37-90-137, as amended, if applicable. Compliance with said statutory well -spacing criteria shall be an express condition of the extension of service hereunder, and the District shall in no way be liable for an Applicants' failure to comply. -2- 9. The District may establish an augmentation plan fee to be paid by the holder of any contract to be benefitted by a plan for augmentation filed by the District, which fee shall be payable within thirty (30) days following the District's statement(s) to the Applicants and maybe based on the District's good faith estimate of the anticipated expense of such plan of augmentation. If such augmentation plan fee paid by a Contract holder exceeds the Contract holder's prorata portion of the actual expenses incurred by the District in completing said plan of augmentation, the District shall refund such excess to the Contract holder. Approved this 10th day of October, 2006. BASALT WATER CONSERVANCY DISTRICT Attest: By: By: Barbara Mick, Secretary Arthur Bowles, Vice President -3- •R,Bu-. tr +n I GARFIELD COUNTY BUILDING AND SANITATION DEPARTMENT 2014 Blake Avenue Glenwood Springs, Colorado 81601 Phone (303) 945-8241 Job Address Nature of Work Use of Building Owner Contractor Amount of Permit: $ North rkf Carbondale Building Permit ar v t 1838 Stephen & Helen C. Low • Diemoz Const. Co. 92. 0 Date - StP1t 99 July 1, 1921 Toni L. Sherwood CLERK BUILDING PERMIT APPLICATION GARFIELD COUNTY BUILDING AND SANITATION DEPARTMENT Owner: STEPJJEM LJ E LE /f (7„ Contractor or Builder: C6 ` Location• i of rn Cc. 6%Ft/ 004f `7z', 46-E —OLD RAVI.1 TO Su bolt tied ;Tc� t_Nt. t , c4 Garfield County, Colorado, •70/1" 2 , 198 Lb IA) /36x7 67 Cathendal4g (C,T7C0 Cc) 66-32to C# t,uecT r_e 3 -she t. r /aa L Purpose for which building is to be used: QES Size of Lot: 1 t. c Distance of building from property line at Front • Rear: Distance from nearest building. Source of water supply: E 1771 r- W e 11 < Type of sewage disposal: 5@p-hi(JJAnsi litliCiatidC Width of building: 2nf _plu S —Q— /2158EDS ct4 ' �Ficiced > new 6arn 73/Let 4 2s/. Left Side• Length of building: Height of walls: Floor space in square feet. Estimated value: $ Date construction will begin: Permit charge: $ 7 2 C' Plan check fee: $ 6T F7 201000- -1- O,O©Q-1- 'RCN/ l , i Pi TOTAL: $ Number of stories: Number of rooms• �} j' Type of foundation eC`�nCr t �- ! �m Wct 1# Material in outside walls• Vvd +ni 1 9 LOG id !curl S`cii r/ci 1 Type of roof. 7l-2efa a ion Pr - Right Side: Exterior finish• Date of completion. Th -h , 0'182 And 1/We hereby agree to build strictly to the terms of the above description, and also to clear the grounds and adjacent street or streets of all rubbish and debris caused by the construction of said building. S 2 t'2 2 4 a7 SEIC7CG2,t CSec -22 j Lu Mk) 6 c 27) Respectfully, 1 I iii C2 oSTR L The County Commissioners hereby grant the above permit as per terms therein stated. This BUILDING OFFICIAL da' Date Time Received GAM- 1 Ell) COUNTY STATE OF Colorado Office of Building Official R/OU EST FOR INSPECTION Pefrnit No. a cil2 Dis.l;ict No. Owtreell.i / Narne ,0115.' , Air, / ConlraCIT-_____ BUROING PLASiERANG :.PCTRICAL PLUMBING HEATING Wire 0 F. r.,,,id, 1.4.:;r ;no .0 P csk.ph 0 Flo, -,2), ....... -- 0 Chlrnney... ........ 0 Lath 0 r ,,isn Wiring ..0 rinal 0 r;nott 0 r ning . ........... 0 Scratch 0 r rsoures ..........0 SuvverS 0 Water Heater-. 0 Ernest... ............. . 0 Brown 0 /..ntrsrt.... ....... 0 oo ti ngs 0 F,,h 0 Cesspool 0 Weatberprf 0 Wallboard 0 Underground 0 elea „•& Insu i an on 0 READY F NsPE CT IONFri. t00 c‘e, 41-ap AM 0 Tues. Wed. Thurs. ire.... e', 2- 10 '-, • Mon. Inspection Made_ inspector r °Asa 300.1 Date Time Received . GARFIELD COUNTY STATE OF Colorado Office of Building Official REQUEST FOR INSPeCTION Permit No Owner' Name Foundation 0 0 Chimney 0 Framing Final.., Footings 0 Ireisulation 0 1 v lnspection Made Mon ontract or /Psi District No Locality PLAST INC ELECTRICAL PLUMBING HEATING 0 Wire.._ 0 Rough wiring.❑ Rough 0 Rouph Lath. .—_� 0 Finish Wiring..❑ Fine! 0 Final 0 Scratch___ 0 Fixtures 0 Sewers ❑0 Water Heater.. 0 Brown_ 0 Motors. 0 Get Finish____ 0 Cesspool 0 Wallboard 0 Underground 0 READY FOR INSPECTION A.M. ue i.Wed. Thurs. Fri '_, Inspector •'rvr rOssa 300.17 i Date Time Received Owner's Name GARFIELD COUNTY STATE OF Colorado Office of Building Official EDU EST FOR INSPECTION / �y� Permit No. O District No. Foundation ❑ Chimney ❑ Framing Hal ❑❑ eatttherprf 0 Insulation 0 Contractor LASTERING ELECTRICAL PLUMBING HEATING Rough Wiring.❑ Rough 0 Rough. 0 Finish Wiring __❑ Final 0 Final Fixtures 0 Sewers 0 Water Heater.. 0 Motors_ 0 Ges 0 Cesspool 0 Underground 0 Locality Scratch. .0 0 r own Flnfsh_ Wallboard Tu inspection N a�e inspector 144. READY FOR INSPECTION Wed. Thurs. 144i - Fri. DATE NAME LEG. DES. PERMIT NO. COMPL, .ATE FOOTINGS FOUNDATION WEATHERPROOFING FRAMING ROUGH HEATING FINAL HEATING INSULATION ROUGH PLUMBING UNDERGROUND PLUMBING /FINAL PLUMBING PLAN NO. Name Legal Description /77 /21; ,tio,PTh, Footing Founda tion Ground Work FINAL BUILDING Permit * 96' LCW 1 STs kohlf,U Date 6-7-7,3 Rough Heating Rough Electrical Final Heating Final Plumbing Final E lectrica l Final Building C.O. Issued No. No Yes Date r -- DATE J4! NAME LEG. DES. : PERMIT NO. C/'af COMPL. DATE -11- FOOTINGS_ FOUNDATION WEATHERPROOFING FRAMING ROUGH HEATING PLAN NO. FINAL HEATING ROUGH PLUMBING UNDERGROUND PLUMBING FINAL PLUMBING FINAL BUILDING LAW OFFICES ROBERT B. EMERSON. PC. 86 SOUTH THIRD STREET CARBONDALE. COLORADO 81623 (970) 963-3700 ROBERT B. EMERSON September 22, 2006 David Pesnichak Senior Planner Garfield County Building & Planning Dept. 108 8' Street, Suite 201 Glenwood Springs, CO 81601 Re: Low Subdivision Exemption Dear Mr. Pesnichak: FAX (970) 963-0985 Enclosed please find the well permit issued by the Office of the State Engineer for the monitoring well to be drilled on Parcel D shown on the Subdivision Exemption Map. We are still working on obtaining a Basalt Water Conservancy District contract, and once it has been signed, I will forward a copy to you. Please let me know if you have any questions or if there are any additional requirements to be completed before this matter can be scheduled with the Commissioners. Sincerely, Robert B. Emerson f RE/ic Enclosure cc: Stephen and Helen Low (w/enclosure) Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 STEPHEN LOW PO BOX 797 CARBONDALE, CO 81623- (970) 963-3210 PERMIT TO CONSTRUCT A WELL 1095 WELL PERMIT NUMBER 270839 DIV. 5 WD 38 DES. BASIN MD APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 SW 1/4 Section 22 Township 7 S Range 88 W Sixth P.M. DISTANCES FROM SECTION LINES Ft. from Section Line Ft. from Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: 309598 Northing: 4366394 ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no 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 37-92-602(3)(b)(I) for uses as described in CRS 37-92-602(1)(f). Use of this well is limited to monitoring water levels and/or water quality sampling. This well is known as Low Monitoring/Observation well no. 1. Approved as a well on a tract of land of 79.5 acres described as that portion of the SE 1/4 of the SE 1/4, Sec. 21, and SW 1/4, Sec 22, and NW 1/4 of the NW 1/4, Sec 27, all being located in Twp. 7 South, Rng. 88 West, 6th P.M., Garfield County, more particularly described on the attached exhibit A. Further identified as 0971 County Road 107, Carbondale, CO 81623. This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well. The well must be kept capped and locked at all times except during sampling or measuring. Records of water level measurements and water quality analyses shall be maintained by the well owner and submitted to the Division of Water Resources upon request. Upon conclusion of the monitoring program the well owner shall plug this well in accordance with Rule 16 of the Water Well Construction Rules. A Well Abandonment Report must be completed and submitted to the Division of Water Resources within 60 days of plugging. The owner shall mark the well in a conspicuous place with the well permit number and name of aquifer as appropriate, and shall take necessary means and precautions to preserve these markings. This well must be constructed by or under the supervision of a licensed well driller or other authorized individual according to the Water Well Construction Rules. If non-standard construction is anticipated, a variance request must be submitted in accordance with Rule 18 and approved prior to well construction. 10) A Well Construction and Test Report (Form GWS -31), including lithologic log must be submitted by the individual authorized to construct the well. For non-standard construction, the report must include an as -built drawing showing details such as depth, casing, perforated zones, and a description of the grouting type and interval. 11) This well shall be constructed not more than 200 feet from the location specified on this permit. NOTICE: This permit has been approved for the location as noted above. The original proposed well location requested Rule 6.2.3 of the Water Well Construction Rules which was not acceptable. An amended proposed well location was submitted by the applicant's Water Well Contractor in GPS (UTM) format identified above. You are hereby notified that you have the right to appeal the issuance of this permit, by filing a written request with this office within sixty (60) days of the date of issuance, pursuant to the State Administrative Procedures Act. (See Section 24-4-104 through 106, C.R.S.) NOTE: Permit nos. 66939-A (93VE294) and 66939 were previously issued for this parcel. l/ NOTE: Parcel Identification Number (PIN): 23-2393-223-00-184 NOTE: Assessor Tax Schedule Number: R011349 (totaling 79.5 acres) APPROVED DMW ,Receipt No. 9502641 el 41 State Engineer By EXPIRATION DATE 09-19-2008 DATE ISSUED 09-19-2006 •