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HomeMy WebLinkAbout1.0 ApplicationName • 1 DATE RECEIVED DATE COMPLETED SKETCH PLAN Cottonwood Hollow Subdivision 1 Section see legal Section 12 Township 7S Owner Planner Engineer Site Data Gailen B. Smith and Pamela D. Smith Range 88W Sundesigns Architects and Planners TDA 4/DU 14 lots Areas Commercial and Industrial - Garfield Master Plan - District 'E' Existing Zone District A/R/RD (Agricultural/Residential/Rural Density) Proposed Zone District (no change) SKETCH PLAN Boundary survey Mrit . Eng. Co North arrow ,4/21/81 Date Vicinity map (1.5 miles on all sides) attachments Topography Subdivision Plan Lot layout 14 lots Subdivision Plan Lot area 5 acres average Subdivision Plan Type and layout of water system Individual (Text) Type and layout of sewer system Individual (Text) Off street parking noted N/A School bus stop locations CR -113 (Text) Man-made features on the site Existing Conditions Plan Streams and lakes Existing Conditions Plan Utility lines and easements, on and adjacent to the site Irrigation ditches Existing Conditions Plan Proposed and existing roads, including R -O -W, on and adjacent to the site Subdivision Plan SUPPLEMENTAL INFORMATION Geology report Lincoln-DeVore - Exhibit 'A' CS soils maps and tables of interpretation Exhibit 'B' Radiation hazard evaluation Disclosure of Ownership Total development area Number of dwelling units Water Exhibit 'A' Exhibit 'C' 72.427 acres 14 single family lots indiv. wellsSource of domestic water Augmentation Plan - Exhibit '1 Evidence of water rights 4,900 # gallons per day of water system requirements (14 lots x 3.5 persons x 100 GPD) Sewer indiv. septic - General disposal means and suitability N/A llgallons per day of sewage to be treated where a central treatment or public facility is proposed Evidence of legal access CR -113 bisects property Estimated construction costs and method of financing improvements Not available Fee $ - Amount • • SKETCH PLAN APPLICATION FOR SUBDIVISION GARFIELD COUNTY, COLORADO DATE OF APPLICATION: July 13, 1983 NAME OF SUBDIVISION: Cottonwood Hollow Subdivision OWNERS: Gailen B. Smith and Pamela D. Smith 5062 CR -113 Carbondale, Colorado 81623 PLANNERS: Sundesigns Architects and Planners 901 Blake Avenue Glenwood Springs, CO 81601 945-2201 GENERAL LOCATION: 5.2 miles up Cattle Creek Road (CR -113) from SH -82 GENERAL DESCRIPTION: The Subdivision is intended to be a low-density rural resi- dential development of the same character and scale as exists along Cattle Creek drainage and as allowed by existing zoning. Many functional ranch and farm improvements exist on the property and are considered in the lot design so as to be capable of remaining in use. Existing roads have been planned to function as driveways and the location of a short public cul-de-sac. Building envelopes have been located to avoid potential geologic hazards, retain the rural density character and benefit from best views and solar ex- posure. Lastly, in order to achieve all of the above, it is the Owner's positive intent to avoid development characteristics found in the P.U.D. or suburban project approach. EXISTING ZONING: Agricultural/Residential/Rural Density GARFIELD MASTER PLAN: DEVELOPMENT AREA: NUMBER OF LOTS: AVERAGE SIZE: BUILDING ENVELOPES: District 'E' Rural Areas/Severe with Moderate Environmental Constraints 72.427 acres 14 single family lots 4.93 acres (2.62 to 5.90 acres) 24,000 SF per lot Location designated PROPOSED WATER SYSTEMS: The approved plan of augmentation designates individual wells. The wells will be permitted and developed at the time of development of the individual lots. PROPOSED SEWAGE TREATMENT: Septic systems will be engineered and permitted at the time of development of the individual lots. SCHOOL BUS STOP LOCATION: The RE -1 school bus passes through the property on CR -113 and stops at the existing driveway entrance. i • Sketch Plan Application for Subdivision Page two EXISTING UTILITIES: Electric power is supplied to the site by Holy Cross Electric Association. Existing service lines pass through the site. Ser- vice will be extended to lots not now served at time of development of individual lots. Telephone service is supplied to the site by Mountain Bell. Existing service lines pass through the site. Service will be extended to lots not now served at time of development of individual lots. IRRIGATION DITCHES: The Park Irrigation Ditch passes through the remote upper southeast corner of the site. No development is planned to be near or affected by the ditch. PROPOSED AND EXISTING ROADS: Lots 1, 2, 3, 5, 6, 7, 13 and 14 front on CR -113. Lots 4 and 12 are designed for the existing single family houses and will con- tinue to use the existing driveway until the proposed road is devel- oped. The proposed road will be developed, along with a new cross- ing of Cattle Creek, at the time of development of Lots 8, 9, 10 and 11. Lot 3, which has frontage on CR -113 and a potential drive- way location, iS nonetheless best served off the proposed road. It is proposed Lot 3 be served off of the existing driveway until the proposed road is developed. CR 112 5.2 MILES TO SH 82 CR 113 END OF PAVEMENT • COTTONWOOD HOLLOW SUBDIVISION COTTONWOOD HOLLOW SUBDIVISION VICINITY MAP 1 : 24000 a • Lincoln DeVore P O. Box 1427 Glenwood Springs, Colo 81601 (303) 945-6020 • July 13, 1983 Mr. Dean Moffat Sundesigns Architects 901 Blake Avenue Glenwood Springs, CO 81601 Re: File No. 48542 -GS Geologic Reconnaissance Smith Property up Cattle Creek Garfield County, Colorado Dear Mr. Moffat: Personnel of Lincoln-DeVore have conducted a preliminary geologic reconnaissance of a 72 -acre parcel of land situated in the Northeast 1, Southwest Section 12, Township 7 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado. This report is being submitted to satisfy only the sketch plan phase of the Garfield County Subdivision Regulations. It is our understanding that 14 single family residential lots are proposed utilizing a central water system and sewage disposal. Geologically, the site lies on both sides of an alluvial valley dissected by Cattle Creek. Geologic formations encountered within the site include: Tertiary Age Basalt Flows, Permian and Pennsylvanian Age Maroon Formation and the Pennsylvanian Age Eagle Valley Evaporite Formation. Unconsoli- dated surface deposits found on the site include: alluvium, colluvium, talus and landslide deposits. The sketch Flan for Cottonwood Hollow, dated July 8, 1983, prepared by Sun - designs Architects indicates building evelopes on the proposed lots. Several of the proposed building envelopes lie completely outside any geologic hazard zones and most of the other building envelopes can be designed to mitigate their associated geologic hazards. Lots 1,2,3, 5 and 7 appear to have their building envelopes located well away from any geologic hazard zones. Lots 4 and 12 have existing structures on them at the present time. Lots 8,9 and 10 appear to have easily mitigatible geologic hazards associated with them. Lots 6, 11, 13 and 14 appear to have serious geologic problems which may require detailed analysis and extensive mitigation. Geologic hazards associated with this site include: unstable and potentially unstable slopes, rockfall and floodplain, and hydrocompactive, expansive and corrosive soils. Some areas may also be susceptible to high ground water problems. Page -1- Colorado Springs, Colorado Pueblo, Colorado Grand Junction, Colorado EXHIBIT A Glenwood Springs, Coloradc Evanston, Wyomir i • Mr. Dean Moffat; Suridesigns Architects Geologic Reconnaissance Smith Property up Cattle Creek Garfield County, Colorado July 13, 1983 Page -2- In general, the north side of the property has basalt flows overlying the Eagle Valley Evaporite Formation, which has created unstable slopes with talus deposits and a moderately severe rockfall hazard. A narrow flood- plain exists along Cattle Creek and high ground water may be encountered in the alluvial deposits in the valley bottom. Slopes along the south side of Cattle Creek show extensive landsliding up and downstream from the site, which indicates potentially unstable slopes. A small landslide was noted on the western boundary of the site. More detailed investigations and geologic mapping on a good topographic base are recommended to ensure adequate mitigation or avoidance of the geologic problems associated with this site. Lincoln-DeVore has served Sundesigns Architects by providing professional counsel and technical advice regarding geotechnical conditions. This counsel and advice is based on information furnished by Sundesigns Architects and data collected by Lincoln-DeVore. Lincoln-DeVore has used its best pro- fessional judgement and has performed its services using that degree of care and skill ordinarily exercised, under similar circumstances, by reputable geotechnical engineers and/or engineering geologists practicing in this or similar localities. Lincoln-DeVore proceeded with the work diligently and with qualified personnel. Lincoln-DeVore shall not be liable for any incorrect advice, judgement or decision based on any inaccurate information furnished by Sundesigns Arch- itects, and Sundesigns Architects will indemnify Lincoln-DeVore against claims, demands or liability arising out of, or contributed to, by such information. Sundesigns Architects will immediately transmit to Lincoln- DeVore any pertinent new information which becomes available or any change in plans. Lincoln-DeVore shall not be liable for the consequences of our failure to provide any service which Sundesigns Architects specifically directs us not to provide and Sundesigns Architects will indemnify Lincoln- DeVore against claims, demands or liability arising therefrom. Sundesigns Architects recognizes that our data, interpretations and recommendations are based solely on the information obtained by us. We will be responsible for those data, interpretations and recommendations, but shall not be responsible for the interpretations by others of the information developed. Our services consist of professional consultation and observation only, and no warranty of any kind whatsoever, express or implied, is made or intended in connection with work performed or to be performed by us, or by our furnishing of oral or written reports or finding. We hope this has provided you with the information you desire at this time. If we can be of further assistance to you or should questions arise, please do not hesitate to contact this office at your convenience. Respectfully submitted, Lincoln=DeVore Testing Laboratory, Inc. fay: 4 Michael T. Weaver 1'rofession,j1' (;eulogist MTW/d 1 q ;o Map Unit No. 35F, 35F Part A SOIL CHARACTERISTICS Depth to Bedrock Texture Surface Subsoil Substratum Unified/AASHO Classification: Permeability (below 2 feet) : Percent Coarse Fragments (gravel, cobble, stone) Soil Reaction (p11) Shrink -Swell Potential Potential Frost Action (surface) Flood Hazard Hydrologic Group Corrosivity - Steel - Concrete : moderately deep over stone, cobble DEGREE b KIND OF LIMITATIONS (0 is Slight, M is Moderate, S is Severe) Septic Tank Absorption Fields Sewage Lagoons Sanitary Landfill - Trench - Area Shallow Excavations Dwellings w/basements w/o basements Local Roads and Streets SUITABILITY AS A SOURCE OF.... Daily Cover for Landfill Topsoil Sand Gravel Roadfill OTHER SOIL FEATURES loan stony clay loam, stony clay very stony loam ML, CL, CH; A-4, A-6, A-7 moderately slow to moderate; slow above 36" 5 to 40% to 36 inches; 6.F - 7.3 high mod© rete none C high low 35 to 60% below 36" : S - large stones, slow permeability : S - steep slopes, large stones : S - large stones : M - slopes to 155; S - slopes above 155 : S - large stones, too clayey S - large stones, high'shrink-swell : S - large stones, high shrink -swell : S - shrink -swell, large stones : Poor - largo stones, too clayey, steep slopes : Poor - too clayey, thin layer, steep slopes : Unsuited : Unsuited : Poor - large stones, shrink -swell EXHIBIT B "ADVANCE COPY SUBJECT TO CHANCE" NOT TO BE USED IN PLACE OF ON-SITE INVESTI(ATION. Map Unit No. Sbi;, 3bF Part B SOIL CHARACTERISTICS Depth to Bedrock Texture Surface Subsoil Substratum : moderately deep over stone, cobble Unified/AASIIO Classification: Permeability (below 2 feet) Percent Coarse Fragments (gravel, cobble, stone) Soil Reaction (pH) - Shrink -Swell Potential Potential Frost Action (surface) Flood Hazard Hydrologic Group Corrosivity - Steel - Concrete DEGREF. 6 KIND OF LIMITATIONS (0 is Slight`, M is Moderate, S is Severe) Septic Tank Absorption Fields Sewage Lagoons Sanitary Landfill - Trench - Area Shallow Excavations Dwellings w/basements w/o basements Local Roads and Streets SUITABILITY AS A SOURCE OF.... Daily Cover for Landfill Topsoil Sand Gravel Roadfill OTHER SOIL FEATURES stony loam very stony loam h.IL, SM; A-4 moderate to moderately rapid 20 to 80 percent 7.9 - 8.4 low : moderate : none : B : high : low : S - large stones ** : S - large stones, seepage, slope S - la rge stones, seepage, steep slopes S - seepage, steep slopes S - large stones, steep slopes : S - large stones, steep slopes : S - large stones, steep slopes : S - large stones, frost action, stoop slopes : Poor - large stones, steep slopes : Poor - large stones, steep slopes : Unsuited : Unsuited : Poor - steep slopes, large stones *• Rapid permeability may cause a pollution hazard. "ADVANCE COPY SUBJECT TO CHANGE" NOT TO BE USED IN PLACE OF ON-SI.TE INVESTICATION. Map Unit No. BLG and RLG Orthonts - Gypsum Outcrop Complex SOIL CFil+RACTERISTICS Depth to bedrock : shallow; bedrock exposures Texture Surface Subsoil St.bstratum Unified Classification Permeability (below 2 feet) Percent coarse fragments (gravel, cob%ae, stone) Salinity (ECxl03 @ 25°C) Shrink -Dwell Potential Potential frost -action (ourlace)• iocd Hazard : high runoff fydrologic Group Corrosivity Steel :high Concrete : high DEGREE & KIND OF LIMITATIONS (0 is Slight, M is Moderate, S is Severe) Septic Tank. Absorption Fields Sewage Lagoons Sanitary Landfill Trench Area Shallow Excavations Dwellings w/basements - w/o basements SUITABILITY AS A SOURCE OF... Topsoil Sand Gravel Roadfill Severe Limitations for all stated uses. SUBJECT TO CHANGE. NOT TO RE USED IN PLACE OF ON-SITE INVESTIGATION. • • 4', e.lcan Land Title Association Commitment - Modified 10'73 • r • ) J.. f..• •.•. •.f.• f•f. 9F'1..aj",ya .f. f !4 ` :1'Y 'i3 1iK:� . 76�n•:4Rx%f • YlRjr2Mli?+t25?3is ri �[L'?moi COMMITMENT FOR TITLE INSURANCE ISSUED BY sr1'EVAR1. '1'I'I' .E GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy r )olicies of title insurance and all liability and obligations hereunder shall cease and terminate six mo is after the effective date hereof or when the policy or policies committed for shall issue, whicheve first occurs, provided that the failure to issue such policy or policies is not the fa t of the Company. his Commitment shall not be valid or binding until countersigned by an authoriz fficet or agent. IN WITNESS WHEREOF, the Company has caused is Commitment to be signed and sealed, to become valid when countersigned b an authorized off er or agent of the Company, all in accordance with its By Laws. This Commitment festive as of the d, e shown in Schedule A as "Effective Date." 'WA 1Z'1' 'I' 1'1' I . I C10.0t0)r,,ri of tht• L'u; HANTY COMP A N 1' o•"",�Z IElerelvie•,GU4 A..• '•A. `oPPOg4 •'•tom • _*_ �o <. 190S • ,. .4 27. ir\-;:lr, 0 •j 1 z-- ,. 4 by .`;t r i.l! Ni. 1c, rC Z AS ,r° 108648 f't rsulent EXHIBIT C �" Ne. • f CS/db Order Number: 8551-C3 • • SCHEDULE A 1. Effective date: JUNE 15, 1981 AT 8:00 O'CLOCK A.M. 2. Policy or Policies to be issued: A. ALTA Ownef's Policy Proposed Insured. GAYLAND;B. SMITH AND PAMELA D. SMITH B. ALTA Loan Policy Proposed Insured: VALLEY BANK AND TRUST COMPANY c. Commitment Number: $ 3. The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto is at the effective date hereof rested in. ORA W. MCVEY AND NORMA NORENE MCVEY 4. The land referred to in this commitment s (Ie5('rlbed as follows. A parcel of land situated in Lots 6, 7, and 8 of Section 12 and in the NE'gSW.; of Section 12, all in Township 7 South, Range 88 W. of the 6th P.M., according to the Resurvey of Section 12 of said township and range as accepted by the U.S. Surveyor General's office in Washington D. C. on June 11, 1908. Said parcel also lying southerly of the East-West Centerline of said Section 12, westerly of the North-South Centerline of said Section 12, and easterly of the Westerly Line of said Section 12. Said Parcel being more specifically described as follows: Beginning at the West One -Quarter Corner of said Section 12; thence N. 89°23'15" E. 260.38 feet to the true point of beginning; thence N. 89°23'15" E. 2323.08 feet along the East-West Centerline of said Section 1 thence S. 01°27'21" E. 1592.04 feet along the North-South Centerline of said Section thence N. 77°29'14" W. 1904.45 feet; thence S. 67°47'50" W. 269.93 feet; thence S. 76°59'19" W. 260.96 feet; thence N. 00°00'00" E. 1314. 84 feet to the true point of beginning. COUNTY OF GARFIELD STATE OF COLORADO Authoived Counters, inatuie Page 2 1652 S'1' 1: %S'A 1t'1' '1' I'1' I.1: 1:t'411ANTY l'1114111.4 :1�s iT'r{ �I�:. mai '�'-•��1,. •.A 'q.rMM1�•\••iN' Order Number: $551-C3 • • SCHEDULE B — Section 1 Requirements Commitment Number. The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be 'insured. Item (b) Proper instrument(s) creating the estate or Interest to be insured must be executed and duly filed for record, to -wit: 1. Certificate of satisfaction issued by the Clerk of the Court, of judgement in favor of Bliss Agency --P. R. Lloyd against Ora McVey dba Mountain Drilling Co., in the amount of $216.91 plus costs of $19.86, in Civil Action No. 78C1429, County Court, Mesa County, transcript of which was recorded November 21, 1978 in Book 519 at Page 246 as Reception No. 290212. 2. Deed from Ora W. McVey and Norma Norene McVey to Gayland B. Smith and Pamela D. Smith. The legal address of the grantees must be inserted on the face of said deed, preferably in the body of said instrument. If the address does not appear, the Clerk and Recorder is required to deny the recording of said document. 3. Deed of Trust from Gayland B. Smith and Pamela D. Smith to the Public Trustee of Garfield County for the use of Valley Bank and Trust Company to secure $75,000.00. Papo 3 EWA A R'1' '1' '1'1, U A It A ': TY (' O M 1' A M Y Order Number: 8551-C3 • • SCHEDULE 13 — Section 2 Exceptions Commitment Number : The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies. conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Any and all unpaid taxes and assessments. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinance) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions, or location of any improvement now or hereafter erected on said land, or prohibiting a separation in ownership or a reduction in the dimensions or area of any lot or parcel of land. 8. The effect of inclusion in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 9. Right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded July 6, 1911 in Book 71 at page 483 as Reception No. 42198 (affecting Lots 6, 7 and 8) and recorded December 30, 1941 in Book 205 at Page 380 as Reception No.145554 (affecting NE'4SW'a). 10. All coal and other minerals in NE'4SW'4 of Section 12, together with the right to prospect for, mine, and remove the sante pursuant to the provisions and limitations of the Act of December 29, 1916 (39 Stat. 862) as excepted and reserved in the United States Patent recorded December 30, 1941 in Book 205 at page 380 as Reception No. 145554. 11. Easement and right of way for electric power line purposes, as granted to Holy Cross Electric Association, Inc. by Norman E. Sherwood and Mary N. Sherwood, in the instrument recorded July 10, 1972 in Book 433 at page 25, as Reception No. 254439, through Lots 6, 7, 8, and 10, and NE14SW'4 Section 12, Township 7 South, Range 88 West of the 6th P.M., a strip of land 15.0 feet in width to be used as an overhead power line right-of-way and easement being 7.5 feet either side of the center line as staked and to be constructed, including pole down guys and anchors outside of the fifteen foot strip of land beginning at the existing transformer pole (near Cattle Creek), thence in a southeasterly direction approximately 1485 feet to transformer pole and its down guy and anchor, being in Lots 6, 7, and 8 and portion of the NE'4SW'., Section 12, Township 7 South, Range 88 West of the 6th P.M. CONTINUED ON PAGE 4 A Exceptions numbered are hereby ormtteci. Page 4 1654 1Z'1' '1,ITI,E ( d( A N A N T Y (' l i N I' A N Y Order Number: • • CONTINUATION SHEET SCHEDULE B -Section 2 8551-C3 Commitment Number: 12. A perpetual non -participating royalty of 1/32 of all oil, gas, and other minerals which is or may be in, upon, or that may be produced from subject property as excepted and reserved by Charles P. Renftle and Ima Renftle in the deed to Norman E. Sherwood, Jr. and Mary N. Sherwood recorded March 25, 1966 in Book 375 at page 50 as Reception No. 234013. 13. Easement for the County Road as shown by the survey of Scarrow and Walker, Inc. dated June 29, 1974. 14. Restrictions as contained in Deed from Norman E. Sherwood, Jr. and Mary N. Sherwood to Ora W. McVey and Norma Norene McVey dated September 3, 1974 and recorded November 6, 1974 in Book 466 at Page 103 as Reception No. 265290. (Copy attached) 15. Deed of Trust from Ora W. McVey and Norma Norene McVey to the Public Trustee of Garfield County for the use of Norman E. Sherwood, Jr. and Mary N. Sherwood to secure $200,000.00, dated September 3, 1974, recorded November 6, 1974 in Book 466 at Page 105 as Reception No. 265291. Assignment of above Deed of Trust to The Bank of Glenwood, recorded July 20, 1978, in Book 513 at page 64 as Reception No. 287138. P.3ge 4J S'I' E'WA 1L'1' 'l' I'I' I.1 IJUA IIANTl' I IINI'ANl • • CONDITIONS AND STIPULATIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Comrnitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Cornpany is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such arnendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Comrnitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual Toss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the exclusions from coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any claim of Toss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest or the lien of the insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and Conditions and Stipulations of this Commitment. :e;'1'1:\v 1:'1' '1'1'1`1.11 r:UAl1ANTY COM 1'A N Page 5 4r511..tt&Matadleanazltayaa.-47.20.111111.41.....0.00., TllE DISTRICT GUILT iN A:1D Fnr, Al'':YL DIVISION .10. 5 f',TATF Or COLORADO Application ::o. ;Cl'39 MATTER OP Till:, APPLICATION ::ATER RIGHTS OF ORA IcVFY A1) NOM', N. ',1cVEY T.•;: cr. L: 1VOLVP): ('ATTLL C111I7, COIL:TV RULIW. OF REFERLd above entitled application was filed on Septamber 29, and was rcrCretl tO the undersiL;ned as Water Referee for ater Division Th. S, t 0 oF Colorado, by the ;:ater JudL;c: of • Court ty; •2rday ol Octoher, P.,M, in accordance • 2,1-11ele oF Chaplet. 37, Colorado Revised Statute 1975, Itnown as the L:Iter LL,ht Determination and Administration Act o f 1969. Ani the iind(rind Lavin made such invostiations ns are necessary to determine whether or not the statements in application nre true and havihl•ecolic fully advised with -mpuct to th2 subject matter of the application does hereby the followin,2 deterlliration andiol iiu as the PseCeree in ...atter, to -wit: Vey and cotorado. 1 TI,e statements in the application are true. tc oi t:le VCL1. .H1 the .1 V(' 1 S . . . . names of the claiLant!, and address: Ora . 1lcVc ;0 o 2Couhly Rond 113; Carbondale, 1. The (,-)Uoce Or t.11C water i 01 01,1 Wells 1I1Vill'4; jci)thS of less than 100 Feet, and hcij trikutary to Cattle Creel., tributary to the.Loarin':, lo 00 Liver. 5. TH.' applIcants are the ownors of approximately 72 acres of land located in Lots 7 and 0, r'ection 12, and in tho i:1-1/1:Th-1/1 of e.:t n 12, T. 7 of the oth P. T11c mplicants intend to sul 0 i v 0 he land into sin,,le-family lots, a!,H one or lit,: Well:; 1:i11 hi:. 100Nted on each of the 1ot,.1. EXHIBIT Laeh well will have the capacity to puiip 15 (.033 cfs) with an arhnal appropriation from each won of 2 acre foot. The total aneual appropriation from the 35 wells will 1;c 70 acre Fcct. The proposed wells will withdraw waters tributary to Cattle Creel, edd tlic lloaring Forl. River. 7 The use from the wells will be For potable, in-house dome:;tic water supply, watering of one horse per Livening unit, and,for irrisation or up to 1,fl0(' square feet , r lawn add garden ror each (1,011 j1 unit. In addition, the waler From said 3,/ wells would also 1,e available For Eire protection within the proposed subdivision. licaHt has filed an application COY a well Fr 1,o1ee1 llidge rstates 1 -with thc State 1.11 cian,; hat, application is peddieg. Ocli ermit applications for the _)ther Lreposed wells IH the subdivision will be filed w ith the :;tate hngideer as soon as thc suhscT.Iwtt purchasers o r Li,: subdivided lots desire to Jo 1,.n. . The App i can t owns cVcollese rvoi r , a decreed right in L 1,)t1.!1_ or 3 acre t-ec: absolute 111(1 ill the 03 reel. eon,: ti ona 1 1 dec ice was entered ,,ater .ludg, of this Court. on .1.,1ulry 3:1, with the applicat ion there For hay ing : 31 with the Court and ruled on 1)V the ,:ater :'.cleree on :3eptember 11'71). The !-,otirce 1) the water For this wnter ri!'ht is Cattle creel:, tril'utary to the Roaring rorh Piver. Any on.,-er-priority consumptive use or the w.iiters from the proposed 13 wellf-, will be offset by releases from l.lcVey Reservoir to the extent or injury. ln. .,:ater ol through said 33 wells and u tilieed for de He -,tic purposes will be returned to the hydraulic sysee, or CatilL Yreel, by use of individual septic systems :11:110: return Howl; From lawu and garden irrigation within divisioa will also return to the hydraulic system of Cattle CreeL 11 The consumptivo use of the proposed in-housc due.estic systems, the limited horse watering and the irrigation u C lawns and snardens within Inc subdivision will be approximately 2.Ju acre feet during the irrigation season, This consumptive 11:11. total is based 111)011 11cc01(t01J0 sUinclards For 110 1,;l consumption of water for in-house use, the watering o f 110 more than 00 10211 Or horses 011:; th(.' irrigation of a H. Hem of 3l,,c) 1(0 00 feet L 13 acreH or lawns and gardens. 11. Lee physical water !1l: 1\ for t:Ic subdivision aepears to he adenHate based upon a test hole drilled by the 1.0.1 00 yiolkIcd JpproxiLlatLily 109 gpm. The o l said test holc together with other worh onsitc entitles the Applicant to a conditional water right for each of the 35 pro- posed w'ells. Additional'evidence supporting said conditional water rights 111.0 the retention of :i professional engineer, preparation of an engineorinci, analysis of the subdivision water requirements, and •the filing or the application herein. The date of anropri:itiOn for s:iid comJitional well ri!Jits is ftirch 26, 103fl. ne.nylount for (2:ic 1:ell is 15 1,,pm (.07,s cis) wit11 1 be uses to be domestic, stochwatering and lawn and garden irriation. it is anticipated that the pro- posed uses of the wells dw.ing the non -irrigation season will 10 1 c:inse any material injury to vested water ri;.,,hts based upon the fact that there had 1xon no 0:111!7, 011 1:;ittle Crcel, !--,(snson. Any 1i111c‘riJ1 injury to veted, 101ter • dttria',:, times of call in the irri:tioh season will 1)c the proper administration of the auLtme ntation plan approved herein. 17). i» 1(0150 frol Thservoir1:or the operation oC thi:; awgmentation » 1 0' 1 1 1,n d.onf.' 0 1 t c order of the Colmissioner anl CA' litjacer '1,l thc Applicant whatever teps are r,eco.;sary way or protective es1;1'n t:,at 1 fror woll ar ropr lately 1 t in accord anc,., i ti L1O terms of CI Is P.clrio does tltorcfore conclude that tlw ahnve la.1 1011 tl,at fl:ater riahts 1HFoL sho016 1.e Lrant.e.1 CHI011 1 »1)(..• rijVCC. 1 ii.i t 1(11.L111oVo.Unapprk)- Ii111,j(201: 1 -or di.ersion ih the Cattle 1101. 11(.' J.:a ter hi 1 1 y .Jr..'d 1,y th., o,,oration of tlle wells in acc(n:Lance with the oC is entitled to a conditional Watur 11)1' 1..tter sk'com_ n: LiLe, Oitll dw'instic, livestocl. ;n.l irriation ,wroscs. office of 11 isme Hermit!, 1(11' lche a:Tropriate well'per.:It :yadrennial finding of reasonable 1 1 Ice :h:[!. Ci1e,1 in :11110 ol 11'1',5 and in ::1 -ch uf (..uHF.Lh ..-Hci.Thr y..2;11- t1'.ere1Cter 0(1 len:, claimant a in thc se oHd1 1 1 oha 1 wa ter r1,',11 ts unti 1 L0iC1..L111l j0 hJH ;)cull ;,11,1k2 1.1.1 111010.' 0011k'it10;1111 v.-dter have hecol.lc nbsolut: water ri,,.,,hts by reason of the 1.1:1Lti011 0 1 thc 00 1.1101' iints heroin awardyk'. ....ere Filed in the water Court in the v,ar 1 1)l.10 and. shall 'ao ad]linistcred as having been Hied in that year; 01:1.111 2j1H,1,,0 to all priorities filed i p rcv i oiL; v(•ii 0:; . 1,e t r the 01! 1 n::,!:•1 ycn , iorit 0 1 1 11 (.1 1 1 i t r 1 00 1 0 1 i ;.11' ;IL,' no :I !'r c 1. cd C;) t. u ry ,,,,,emmungforag.ft.,...w.4-3{..W...`,4.01POPZ1941114..,*;.ar,,,,,,,, 44.,-,kr.‘,4".46,411441,301.6,44, ,fildurdszatifaimatata ArawakiNAIIIIIIMosinwtammainakruart.o...nan roionamilaimauaramedecleaca...V. 3 It is accordingly ORDYnD that this ruling shall bo filed uith the titer Clorh and shall 1,ecome effective upon such suiject to Judicial reviev: pursuant to Section 37 - 73. .1 t is furthor ORDIIIhD that a copy of this ruling shall le filed 1Htli clic appropriate ftivision lin:,,ineer and the State i 001 H0H0 0 t ty or Cleyood, Springs, Colorado, this /3 Wv„ zfr7,19„e , 11)87 i 111:11::11J:: .771 7.-5 ()roe or Division No. 5 t;tate or Colorado in thH i.latt,2r, and accordingly irlicd a:11 approv,,, an.is ;lade cicc thi'; Court; -rovi,lekl, :loover, that C;(.. • CH111;:' ‘, I I. i (.‘ !-;11h t L0 - • Lie 3:ater 10 on Cie fiHetiou or injury to v:to: iii any hearin coiiiieacH 111 the Th(.ci.cfl'in:, the yeal ih this decision 11:1 - ;- i:4711's • SKETCH PLAN DATE RECEIVED 7/2.0W Alik COMPLETED Name e074.2"2,/9G0006( 14 Section NA -A SW Section / - Township 7.5 Range 6o 17 a • / ,Sr»/79) a,o/ 00grne,/a Spe)/ M1 '5-6rsdc ,,5ns ,i e % 2,-,d P4.71-)ers Owner Planner Engineer Site Data Existing Zone District Proposed Zone District SKETCH PLAN L./ SUPPLEMENTAL Areas Commercial and TDA #DU Industrial 7z. 427 a& . /4-sx Boundary survey Vicinity map (1 5 miles on all sides) Topography Lot layout Lot area Type and layout of water system Type and layout of sewer system Off street parking noted School bus stop locations Man-made features on the site Streams and lakes Utility lines and easements, on and adjacent to the site Irrigation ditches Proposed and existing roads, including R -O -W, on and adjacent to the site North arrow Date INFORMATION d -4 f Geology report CS soils maps and tables of interpretation Radiation hazard evaluation Disclosure of Ownership Total development area Number of dwelling units Water Source of domestic water Evidence of water rights # gallons per day of water system requirements Sewer General disposal means and suitability A/P9 #gallons per day of sewage to be treated where a central treatment or public facility is proposed Evidence of legal access Estimated construction costs and method of financing improvements Fee $ /.12-.549 Amount ORA W . McVEY and NORMA NURENE NICU Y First Party • 5062 County Road 113 P.O. Box or Street Address Carbondale, CO 81623 City State Zip * ❑ a Co do Corporation ❑ a PaWrship ❑ a Limited Partnership for and in consideration of ten dollars and other valuable considerations, in hand paid, hereby sells and conveys to GAILEN B. SMITH and PAMELA D. SMITH Second Party P.O. Box 161 P.O. Box or Street Address Newhall, CA 91322 City State Zip the following described property in the County of A parcel of land situated in Lots 6, 7, and 8 and the NE4SW1/4 of Section 12, Township 7 South, Range 88 West of the 6th P.M., lying southerly of, the East-West center line of said Section 12, westerly of the North-South center line of said Section 12 and easterly of the westerly line of said Section 12, also easterly of a fence as constructed and in place, said parcel of land being described as follows, to -wit: Beginning at the West Quarter Corner of said Section 12; thence N. 89°23'15" E. 2583.46 feet along the East-West center line of said Section 12 to the center of said Section 12, thence S. 01°27'21" E. 1592.04 feet along the North - (See Reverse Hereof) with ail its appurtenances and warrants title to the same, except and subject to general property taxes for the current year, U.S. patent reservations and exceptions, any and all easements and rights of way of a public or private nature, planning, zoning and other governmental rules and regulations and prior oil, gas and other mineral r seryations nd exceptions, if any and except a first deed of trust given Norman E. Sherwood, Jr. and Mary H. Sherwood to secure the First Parties promissory note in the principal sum of $200,000.00 dated September 3, 1974 and recorded as Reception No. 265291 in Book 466 at Page.105 of the Garfield County records, which obligation the Second Parti'�e�. „assume and agree to pay. SIGNED this day of "��ti=-�- A.D. 19,$1 'Ora W. McVey C` / . ✓7";( ..�'-1' //' Norma Norene Norene McVey / Garfield * ❑ individually if joint tenancy ❑ tenancy in common ❑ a Colorado Corporation ❑ a Partnership ❑ a Limited Partnership and State of Colorado: STATE OF COLORADO ) ss. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this day of '1981 by Ora W. McVey and Norma Norene McVey. �a NOTE: Witness my hand and official seal. My commission expires. o.,\-\ 8 /; c' Notary Public; rn m m N K m K D z 90 N m r 0 z p . . • m c O Send future tax statements to: 0 3. w 0 0 b l� 58 papJooea Ainp pue '•L J 0 0 0 3 0 to 0 0 0 I hereby certify that this instrument was filed for O 7 O N N 'Oa`/HO-100 3O 31d1S H O BfJfl' 575 Pl.'; 94 South center line of said Section 12, thence N. 77°29'14" W. 1904.45 feet, thence S. 67°47'50" W. 269.93 feet, thence S. 76°59'19" W. 490.89 feet to a fence, thence N. 01°13'07" E. 967.38 feet along said fence, thence S. 74°52'53" W. 58.57 feet to a point on the Westerly line of said Section 12, thence N. 00°03'07" W. along the Westerly line of said Section 12, 411.94 feet to the point of beginning. Except, a parcel of land situated in said Lots 6 and 7 described as follows, to -wit: Beginning at the West Quarter Corner of said Section 12, thence N. 89°23'15" E. 260.38 feet on the East-West center line of sad Section 12, thence S. 00°00'00" W. 1314.84 feet, thence S. 76°59'19" W. 229.93 feet to a fence, thence N. 01°11'_07"._E. 967___.38 feet along said fence, thence S. 74°52'53" W. 58.57 feet to a point on the Westerly Line of said Section 12, thence N. 00°03'07" W. 411.94 feet to the point of beginning, containing 7.00 acres, more or less. All of the above described property contains 72.427 acres, more or less. Together with any and all ditch and water rights belonging to, used upon or in connection with the above described property. There is also excepted in connection with the 7 acres above described well pew numbers 24812-F and 24813-F. z 0 SUNDESIGNS ARCHITECTS ARCHITECTURE LAND PLANNING SOLAR CONSULTING July 21, 1983 • • Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81601 ATT: Mr. Mark Bean REF: Cottonwood Hollow - Smith Property Sketch Plan Supplemental Information JO 9 L. 0 2983 r 6.4(40 Dear Mr. Bean, Recently you requested supplemental information concerning the project as follows: 1. Radiation Hazard Please find attached Lincoln DeVore's letter of July 15, 1983, stating that there is no known radiation hazard in the vicinity. 2. Cost Estimate of Future Public Improvements a. Roads. Approximately 1200 LF of new chip/seal road = $ 13,700 b. Bridge. Culvert -type with guardrails at Cattle Creek = $ 14,500 Estimated cost of public improvements = $ 28,200 If you desire any additional information or wish clarifi- cation of the Application, please do not hesitate to call. Sincerely, SUNDESIGNS ARCHITTECTS AdY4 Dean K. Moffatt DKM:mh enclosure cc: Gailen Smith 901 BLAKE AVENUE GLENWOOD SPRINGS COLORADO 81601 303/945-2201 • • ncoIr De\fore P ( 4,:,.: Glen-, orj Srr,ng<,. C_,. 8-101 «o , S;qr,-6O /Q 17 . Dean Mettat: andesi;ns /rrn;t��.t� Lincolil DE -k- Pti). Bc[i[.- 1121 (-:;nw(-1t-11 Springs, 1307 0 J1117 15, 1983 Dean Moirt Sundesigns Architects 901 Rlake Olenwoo Spgs., CO 21601 Pe: File No. 18542 -CS Radiation 8gzard Report Rmith Ploperty hp Cattle nrnoL 3 301 W( 0il()j (:,r)untiy, (,.'1 Dei_ar : This iet+er can ho conidered an acidendlim to our geologic reconnaissar.e letter dated Jnlm 13, I983, on file f[mith Propetfoy up Catfie Creek. A revH.ew of ey[istihq geologic 1-iteriTiLure indiicanes no known rarliation haz;crei OF near the Imposed :-iihgimimioh, The neareL;f known 6eposlt oi radiogetiv, mine[-a[s is ill the [30) 1001) Hppfohlmitely miles noitiii (,)1- Pi LE -1 , co] cniidn. The ct-H, ,)t t tie Mnr- (-)r1 Formation is [icproximakely 10 miles west oi the mlle along [he [1rin0, 1ior:hao3:. Thcii nearesf known deposit oL mill or Rghe l[iiiigs im ulso located near t[1 -i town of Rifle, Colo-rado. JqTrosimately 7 11110 west of the mr0p0se, subdivimioh. Thcauforc, there m no reason to be7iov,--. there is ghy ufllshal ig iggioRctve fn[s on 'r this siie. no 7o 8011 tino haF: 1:r0vicierri wit -h t tiL? into.roLl! 1c,1-; 01;11 i00 3 hi Jul! ghe--:tions CV, not- TO L1ii ofFice at vcur couveience. Pespeottuily rib 31 lh-IM-iVore Testing Nahoymitory, Ti oforodo Sprirlos, Cciorodo [ je,w-At_ P,hCo!orodo Orcnd Co!3rodo 13) Spr;Ngi, Colz:rrido F,,,,,nston, Wyoming