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HomeMy WebLinkAboutFroning SketchFroning Family Subdivision Proposed Sketch Flan November, 2006 Prepared for Garfield County, Colorado 36 North 4th Street • Carbondale, CO • 81623 36 n fourth street • carbondale, colorado 81623-2012 (970) 963-1971 fax (970) 963-1622 www.otak.com November 21, 2006 Fred Jarman Director of Building and Planning Garfield County 109 Eighth Street Glenwood Springs, CO 81601 RE: Froning Property Sketch Plan Dear Mr. Jarman: Enclosed please find the application for the Froning property Sketch Plan Review as required by section 3.00 of the Garfield County Subdivision Regulations. Also included is a check for $325, representing the required processing fee for the Sketch Plan Review Application. This application applies to two parcels equaling 30.97 acres (18.58 and 12.39 acres, respectively) located north of Carbondale, Colorado, north of the Highway 82 and Highway 133 intersection on Red Hill in Garfield County. Both lots are situated in Lot 4 of Section 27, Township 7 South, Range 88 West of the 6th Principal Meridian. We look forward to working with you and the staff to achieve a successful project. Please contact me if you have any questions related to the application. cerely, Joh McCarty Sr. /Planner, Senior Associa e 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Owner/ Applicants Paul and Linda Froning PO Box 545 Carbondale, Colorado 81623 Donald and Billie Froning 10888 N. Paisano Tucson, AZ 85741 Karen and John Hatchett 1423 S. E. Delaware Bartlesville, OK 74003 Civil Engineering Sopris Engineering, LLC 502 Main Street, Suite A3 Carbondale, CO 81623 (970) 704-0311 Fax (970) 704-0313 Geotechnical Engineering HP Geotech 5020 County Road 154 Glenwood Springs, CO 81601 (970) 945-7988 Fax (970) 945-8454 Sketch Plan Contact Information Planner Otak Incorporated 36 North Fourth Street Carbondale, CO 81623 (970) 963-1971 Fax (970) 963-1622 Surveyor Lines in Space 67 Glenwood Ave. Carbondale, CO 81623 (970) 963-3852 Water Resource Consultant RHN Water Resource Consultants Inc. PO Box 3053 Montrose, Colorado 81402 (970) 252-0278 Fax (970) 252-9464 Froning Property Sketch Plan Review Application Project No. 13575 otak 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Froning Property .Sketch Plan Review Application otak Project No. 13575 Table of Contents Introduction and Background Land Ownership/Land Use 1 Subdivision Objectives 1 Site Description 2 Site Description 3 Location of structures 4 Development goals 4 Common Areas/Development Facilities and Amenities 6 Proposed Utilities/Infrastructure 6 Improvement Envelope 6 Subdivision Regulations Compliance Sketch Plan Requirements (section 3:30) 7 Supplemental Information (3:40) 8 Additional Information 9 Zoning Resolutions Compliance A/R/RD — Agricultural/Residential/Rural Density (section 3.02) 10 Supplementary Regulations (section 5.00) 10 Affordable Housing Regulations (section 5.09) 11 Geological Hazards (section 5.11- 5.15) 11 Comprehensive Plan Compliance Comprehensive Plan Designation 12 Public Participation (1.0) 14 Housing (2.0) 15 Transportation (3.0) 16 Recreation and Open Space (5.0) 17 Open Space and Trails (5.0[a]) 18 Water and Sewer Services (7.0) 19 Natural Environment (8.0) 21 Fr -or -Ling property Sketc/z Plan Review Application otak Project No. 13434 Table of Contents Continued List of Tables 1. Development Facilities Plan 6 2. Land Use Breakdown 8 Appendices A. Subdivision Sketch Plan Application Form B. Existing Zoning for the Property C. Deed of Trust and Quit Claim Deed D. Existing Conditions — Boundary Survey (Lines in Space) E. Water Allotment Contracts F. Plan for Augmentation for the Froning Family Subdivision (RNH Water Resource Consultants, Inc.) G. Well Test Report H. Beneficial Use Field Inspection Report I. Engineering Report (Sopris Engineering, LLC) J. Access Road Horizontal Realignment Plan (Sopris Engineering, LLC) K. Proposed Development Plan (Otak, Inc.) L. Radiation Hazard Report (HP Geotech) M. Soil Interpretation Tables (S.C.S.) N. Letters from Froning Neighbors Map Exhibits 1. Vicinity 2. Existing Features 3. Existing Conditions 4. Elk Habitat 5. Mule Deer Habitat 6. Bald Eagle Winter Forage 7. Geological Constraints 8. Soil Types 9. Existing Vegetation 10. Zoning 11. Slope Analysis 12. Comprehensive Plan 13. Site Plan ll 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Introduction and Background The applicant is submitting a Sketch Plan for subdivision of an approximately 30.97 -acre parcel, which is zoned A/R/RD. The property address is 700 County Road 107, also known as 532 Red Hill Road, which is located north of Carbondale on Red Hill approximately .5 miles north of the Highway 82 and Highway 133 intersection in Garfield County. (See Exhibit 1, Vicinity Map). The application is being submitted by the following individuals: • Paul and Linda Froning • Robert Froning • Donald and Billie Froning • Karen and John Hatchett The applicants are in the process of forming a single -ownership LLC. Existing property ownership is illustrated in Appendix D, Existing Conditions—Boundary Survey. • Parcel 1 consisting of 18.85 acres is owned by Paul and Linda Froning. • Parcel 2 consisting of 12.39 acres is jointly owned by Paul and Linda Froning and the other applicants. Proposed uses include single-family detached dwellings and customary accessory structures, trails, utilities, roads, and a water storage and distribution system, as identified in this sketch plan. Land Ownership/Land Use Robert Froning executed a new Warranty Deed for Parcel 2 on November 24, 2003 to include Paul Froning, Donald Froning, Karen Hatchett, and their respective spouses. Proof of property ownership is provided under Appendix C, Deed of Trust and Quit Claim Deed. Subdivision Objectives Mr. Froning's objective is to gift the property to his sons and daughter in equal shares. The objective of Donald Froning and Karen Hatchett is to subdivide the parcel so that each owns an individual lot where they can build a home. Dividing the property into three equal lots would create three parcels of 4.13 acres each which, in the opinion of the applicants, would not be compatible with the neighborhood. Paul Froning's objective in combining his Parcel 1 with Parcel 2 is to enable the proposed lots to be of similar size (5 -acre minimum), establish compatibility with the neighborhood, and at the same time increase the value of the property already in his name. The respective owners wish to combine Parcels 1 and 2 in order to subdivide the total of 30.97 acres into five lots. The application adheres to the regulations and requirements as stated in the Garfield County Subdivision Regulations, Garfield County Zoning Resolution, and the Garfield County Comprehensive Plan. Pertinent requirements are noted with responses in respective order in Section III of this application. Froning property Sketch Plan bevies Applicxstian Project No. 13575 1 otak Introduction and Background Continued As the long-time owners of the land, the applicants' objective is to preserve the character, unique physical features, and ecology of the property while developing homes and building zones for their use that are respectful of these qualities. These objectives are described below and shown on Appendix K, Proposed Development Plan. The applicant proposes to subdivide the property into five lots allowing for five single-family residential units as follows: • Lot 1 would be an oversized 10.94 -acre lot that would include the existing single-family dwelling and detached garage. The other 4 lots would be vacant land and would be divided as follows: • Lot 2: 5.00 acres • Lot 3: 5.00 acres • Lot 4: 5.00 acres • Lot 5: 5.02 acres 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Site Description The approximately 30 -acre parcel consists mostly of Colorado Plateau Pinyon -juniper woodland. The southern portion of the site is characterized by inter -mountain basin big sagebrush shrubland. The terrain rises to the north and then drops off in elevation with moderately steep, south -facing slopes. Outcroppings exist on the south -facing slopes on the southeastern portion of the site. There are views of Mount Sopris from the majority of the northern and eastern portion of the site. The majority of the property proposed for dwelling units, including the existing structures, is not visible from along CR 107. Introduction and Background Continued The site currently consists of open space containing a private residence and detached garage. Below is a short description and photograph of each structure: Finning property S/ e.tch Plan Keviesv Application Project No. 13575 Above: Detached Garage Outbuilding (2,800 sq. ft.) Left: Main Residence (2,300 sq. ft.). The structure is owned and utilized by the owners and their family. 3 otak Introduction and Background Continued Location of structures Existing 30' Wi. AcesslUtility Eas ent Development goals The goal of the proposed development application is to subdivide the property in keeping with the allowable uses described for the zoning and consistent with the goals, objectives, and policies of the Garfield County Comprehensive Plan. The proposed development includes consideration for: • developing single-family residential lots, • minimizing impact to wildlife habitat, • preserving the character of the natural landscape and native vegetation, • promoting water conservation, • promotion of sustainable "green" building practices, and • recreational opportunities through providing subdivision accessibility to contiguous public lands. 4 Introduction and Background Continued Development Objectives A number of design objectives were considered in developing a site plan for the property. Existing zoning designations, sensitivity to the goals of the Gaield County Comprehensive Plan, and informal input from surrounding property owners guided the development of the proposed plan. Site, cultural, and environmental constraints were identified in order to establish a framework within which other objectives were considered. Once these constraints were understood, areas that support the proposed type of residential development were identified. These developable areas meet the applicable design and planning objectives for the site. In support of the stated goals, the objectives guiding the initial site planning efforts are as follows: 1. Steep slopes should be avoided to minimize disturbance to natural landforms, vegetation, and drainage patterns. 2. Building envelopes would be established to set structures back from the edges of the sagebrush meadows to preserve wildlife habitat, specifically on Lot 4. 3. To the extent possible, key visual resources of the site, as viewed from adjacent public roads/highways and nearby developments, should be preserved. 4. Development within the site should be placed to avoid blocking any views enjoyed by adjacent property owners, as well as potential future property owners within the Froning Family Subdivision. 5. The existing development pattern in the area should be respected, ensuring adequate separation between dwelling units. 6. The development plan must balance a range of public policies identified in the Comprehensive Plan. 7. Excessive disturbance or removal of native vegetation should be avoided through the use of building envelopes. 8. Building envelopes and road alignments should avoid site-specific geotechnical constraints and existing mature vegetation to the maximum extent possible. 9. Landscape guidelines would be established that promote reduction in supplemental irrigation requirements for residential landscapes. 10. Opportunities for an enjoyable lifestyle should be provided through the creation of trails and open vistas. 11. Orientation of the majority of lots should maximize southern exposure for energy conservation purposes. Internal Roads This development would include gravel roads, defined drainage easements, and a fire protection plan (see Appendix I, Engineering Report). All internal roads would be gravel, with soft shoulder and drainage borrow ditches, and would be owned by the HOA and dedicated to the public. Froning property SAetch Plan Review Application Project No. 13575 5 otak Introduction and Background Continued Views from each lot within the subdivision would be the top priority. Every lot would have defined building envelopes to ensure view corridors for future property owners. Building envelopes would also be located in such a manner as to minimize the visual impact from properties adjacent to the Subdivision. Common Areas/Development Facilities and Amenities Where an existing informal trail exists along the southern border of Lot 3, (See Appendix K and Exhibit 13) a 20 -foot access easement is proposed in order to allow access to adjacent public lands for the residents of the subdivision. This access easement would be for use by the residents of the subdivision only. Proposed Utilities/Infrastructure The applicant would be responsible for constructing all of the facilities and services to the proposed development. The following is a list of infrastructure and facilities that would be provided and responsibilities for construction and maintenance. Table 1 Development Facilities Plan Ongoing Improvement Standard Installation Maintenance Internal Roads County Standard Applicant HOA Internal Trails No Standard Applicant HOA Water System State and County Applicant HOA Sewer System Individual Sewage Disposal System Lot Owner Lot Owner Improvement Envelope The development area for each lot would delineate where site improvements could occur for structures, driveways, associated detached structures, landscaping, and other outdoor site improvements associated with home construction. This would minimize the improvement footprint in favor of preserving the existing natural character of the land. Consideration would be given to proper building locations to minimize significant visual and environmental impacts, minimize the removal of native vegetation, and respect the natural terrain. Improvement envelopes are generally defined in Exhibit 13 and Appendix K, Proposed Development Plan, and would be specifically defined on the preliminary plan. Neighborhood Involvement The applicant held one-on-one meetings with neighbors to review progress and make additional modifications in response to feedback. Letters from neighboring Red Hill property owners are included in under Appendix N. The applicant also consulted with the Colorado Division of Wildlife and Carbondale Fire District concurrent with project planning and the plan reflects their the preliminary input. 6 Subdivision Regulations Compliance The applicant has incorporated all applicable Garfield County Subdivision Regulations. Applicable citations from the Garfield County Zoning Regulations, Garfield County Subdivision Regulations, and/or the Garfield County Comprehensive Plan are italicized below, followed by the applicant's response and demonstration of compliance. Sketch Plan Requirements (section 3:30) 1. The Sketch Plan application shall include a map clearly representing and identing the area in which the project is proposed adjacent to natural and man-made features and adjacent landowners (3:30). Response: Exhibit 2 includes a regional context for the site. Exhibits 13 and Appendices D, Existing Conditions and K, Proposed Development Plan and the aerial image on page 8 illustrate natural and man-made features on site and on neighboring properties, as well as the proposed lot layout. 2. The Sketch Plan shall be at a scale of not less than 1" = 200' and shall contain at a minimum, the following information, represented graphically or as a map note: a. Proposed name of subdivision; The proposed name is Froning Family Subdivision, shown on t b. Location, boundaries and a legal description of the project; see Appendix D, Existing Conditions Boundary Survey by Lines in Space. c. Names, addresses and phone numbers of the owner(s), applicant(s), planner(s), and engineer(s); see page 1 of application. d. Date of Sketch Plan preparation, map scale, and a symbol indicating true north; see Appendix K, Proposed Development Plan e. Topography of the proposed subdivision showing, at a minimum, five (5) foot contours for terrain with an overall average slope of less than twenty percent (20%) and at minimum ten foot (10') contours for terrain with an overall average slope of over twenty percent (20%), contours developed by interpolation of U.S.G.S. quadrangle contours are acceptable; see Appendix D, Boundary Survey, and Appendix K, Proposed Development Plan. f General location and dimensions of all existing and proposed lots, streets, alleys, easements, road rights-of-way, irrigation ditches and water courses within and immediately adjacent to the proposed development; see Appendix K, Proposed Development Plan. Description of any natural or man-made features bordering on or within the development which may require buffering or screening, particularly the 100 year floodplain of any major drainages; see pages 4-5 for images of existing facilities and locations, as well as Appendix D, Boundary Survey and Appendix K Proposed Development Plan. There are no facilities that require screening or buffering. h. Vicinity map from a U.S.G.S. quadrangle at a scale of 1 "=2000' depicting the location of streets, highways and adjacent utility systems within a minimum of one-half (1 /2) mile of the proposed subdivision and showing the natural drainage courses for streams flowing through the proposed subdivision with the limits of tributary areas shown where reasonable; see Exhibits 1 and 2, and Sketch Plan Map Exhibit XX g. i. Land use breakdown: see Table I below. Froning property S/ etch Plan P evien, Applicution Project No. 13575 7 otak Subdivision Regulations Compliance Continued Table 2 Land use breakdown Existing Zoning A/R/RD Total developed area 30.97 acres Total number of lots proposed 5 lots Total number of dwelling units proposed 5 dwelling units Total area of proposed non-residential floor space 0 sq ft Total number of individual dwelling units proposed for each structure 1 Total number of individual ADUs proposed for each structure .0 Total number of proposed off-street parking spaces 1 space per 600 sq. ft of floor area Total proposed density 6.19 acres/dwelling unit Supplemental Information (3:40) A. Source and amount of water supply; Response: A full description of the legal and physical water supply is included Appendix E, Water Allotment Contract; Appendix F, Plan for Augmentation for the Froning Family Subdivision; and Appendix G, Well Test Report. Existing and proposed domestic wells would provide potable water to the project to meet the calculated demand. The applicant would construct a new 10,000 -gallon water storage tank and central distribution system, and intends to provide additional storage capacity, the amount of which will be documented in an engineering report submitted with the Preliminary Plan. Total lawn area square footages (landscaping envelope) would be limited by the developer to facilitate sound management of the development's water supply. As outlined in Appendix F (Plan for Augmentation for the Froning Family Subdivision) water demand for Lot 1 would be in-house use for a 3.5 person family and in-house use for a 2 person guest house and lawn and garden watering of no more than 2,000 square feet. Water demand for Lots 2-5 would be in house for a 3.5 person family, lawn and garden watering of no more than 1,000 square feet, and a small "mother-in-law" apartment that would house one person. B. Proposed type of sewage disposal; Response: Sewage disposal would be by individual sewage disposal systems within each lot. C. U.S.D.A. Soil Conservation Service soil designations, with interpretation tables attached; Response: SCS Soil mapping is shown in Exhibit 8, and the interpretation tables are included in Appendix M, SCS Soils Interpretation Tables. D. Statement assessing the impact of the proposed subdivision on the lakes, streams and topography of the site; Response: There are no lakes or streams on the site. The effects of development on the topography would be minimized by routing roadways along natural topographical contours and by keeping roadways at the toe of steep slope sections. Improvement envelopes would be established to keep the location and construction of driveways and building footprints from creating unnecessary site disturbances. The property does not lie within a 100 -year floodplain. 8 Subdivision Regulations Compliance E. Statement assessing potential radiation hazards to the site; Response: No radiation hazards exist on the property. The applicant has submitted a letter from a Professional Engineer under separate cover addressing potential radiation hazards on the site (see Appendix L, Radiation Hazard Report. A professional Geotechnical Report has been ordered and will be completed prior to submission of the Preliminary Plan. F. Evidence that all lots and parcels created by the subdivision will have access to a public right -of -away, in conformance with the Colorado State Highway Access Code and applicable County Regulations; and Response: The proposed project includes direct access to County Road 107 at one location. The internal road network is illustrated in this application. The internal road system would be dedicated to Garfield County, but maintained by the HOA. Proposed roadway improvements would meet with applicable County Regulations. G. Anticipated source of electricity, natural gas, telephone and cable television services; Response: Future covenants may require homeowners to have individual tanks and sprinkler systems. All standard utilities are available to the site except natural gas and cable television. Electricity is provided by Holy Cross Electric, and telephone from U.S. West Communications. The applicant would install central lines along the roadway right- of-way for these utilities. (See Appendix I, Engineering Report). Additional Information (required as part of Preliminary Plan Application) Wildlife. The applicant met with the Colorado Division of Wildlife (CDOW) staff early in the design process to ensure that the conceptual layout is consistent with CDOW objectives. The following suggestions from the CDOW have been incorporated into the plan: • Retain wildlife grazing area in the open sagebrush field located in the southwestern portion of the site • No perimeter fencing • Leave center of meadow free of structures Froning property S/ etch Plan R evieu' Elpplication Project No. 13575 9 otak Zoning Resolution Compliance The applicant has incorporated all applicable Garfield County Zoning Regulations. Applicable citations are italicized below, followed by the applicant's response and demonstration of compliance. The property is zoned Agricultural/Residential/Rural Density (A/R/RD), which allows for subdividing land into lots of two acres or more within areas that meet the subdivision - regulated constraints. The zoning allows for rural residential density of up to one dwelling per lot. Under current zoning regulations, the Froning property is permitted for a potential gross density of 14 units, based on known site constraints. Six percent of the site has slopes that are 40 percent or steeper, reducing the amount of developable area by 1.96 acres to 29.01 acres. Traffic impacts, water quantity, and other potential constraints could also affect the developable area. Zoning for other nearby properties is also A/R/RD, specifically to the north and southwest of the property, and a majority of the property is bounded by BLM administered public domain noted as "Open Space" in the Garfield County Zoning Maps. Garfield County zoning designations for this area are shown in Exhibit 10. A/R/RD — Agricultural/Residential/Rural Density (section 3.02) 1. Uses, by right: Agricultural including farm, garden, greenhouse, nursery, orchard, ranch, small animal farm for production of poultg, fish, fur -bearing or other small animals and customary accessory uses including buildings for shelter or enclosure of persons, animals orproperty employed in any of the above uses, retail establishment for sale of goods processed from raw materials produced on the lot; 2. Single family dwelling and customary accessory uses. 3. Guiding and ouitting, and park; 4. Accessory dwelling unit approved as apart of apublic hearing or meeting on a subdivision or subdivision exemption or guesthouse special use approved after 7/95 and meeting the standards in Section 5.03.02. Response: The proposed development consists of single-family dwelling units included on Lots 1 through 5. Lot 1 has an existing guesthouse permit. Other proposed uses include customary accessory structures, trails, utilities, roads, water storage and distribution system, as identified in this sketch plan. 5. Minimum Lot Area: Two (2) acres; except as otherwise approved in a Cluster Option. Response: The proposed development utilizes a minimum 2 -acre lot configuration. 6. Maximum Lot Coverage: Fifteen percent (15%). Response: The proposed development would restrict the area of coverage through the use of designated improvement envelopes which would be compliant with the maximum lot coverage of 15 percent. Supplementary Regulations (section 5.00) Development Limitations Based on Lot Slope (section 5.04.02 (2)) 1. Lot Side 1 Acre or Greater: Such lots shall have a minimum building envelope of 1 acre in an area that has less than forty percent (40%) slopes Response: All lots proposed within the development plan include one acre or more of area that has less than 40 percent slopes, as defined by the regulation's slope calculation formula. The slope analysis in Exhibit 11 was calculated on 5 -foot intervals and shows small isolated areas of 40 percent or greater slopes within lots 2, 3 and 5. Froning property S, etch Plcan Keviesv —Application Project No. 13575 10 otak 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Zoning Resolution Compliance Continued Affordable Housing Regulations (section 5.09) Response: The proposed development application is compliant with the County's residential zoning density, as defined in the Garfield County Comprehensive Plan's Study Area I. Therefore, the Affordable Housing Requirements do not apply to this application. Geological Hazards (section 5. I I - 5.15) Response: A letter prepared by HP-Geotech (Appendix L, Radiation Hazard Report) indicates that the site is not susceptible to radioactivity. Any geo-hazards assessments to determine limitations associated with other potential geo-hazards would be included in the Preliminary Application. Preliminary site investigations indicate that the project as planned would be compliant with the County's geological hazard requirements regarding avalanches, ground subsidence, landslides, mudflow, rock fall, and unstable slopes. The geological constraints identified in the Garfield County Comprehensive Plan are shown on Exhibit 7. This exhibit contains slope hazard, soil hazard (indicated by soil evaporative minerals) and landslide hazard polygons. According to this map, the project site is not located within any of these polygons. Froningprope -y S.€eZch Plan Review Application Project No. 13575 11 otak Comprehensive Plan Compliance The applicant has incorporated all applicable Garfield County Comprehensive Plan requirements. Applicable citations are italicized below, followed by the applicant's response and demonstration of compliance. Comprehensive Plan Designation This property is located within the Garfield County Comprehensive Plan Study Area I. The Comprehensive Plan map places the Froning property into the Low Density Residential Land Use Classification suggesting suitability for a maximum density of one dwelling unit per ten or more acres. However, after reviewing the Comprehensive Plan's goals, objectives, and methodologies for determining the proposed land use districts, and a careful review of the suitability criteria and analysis to determine the fitness of the Froning property for the proposed land use, we interpret that the property's development constraints and suitability are consistent and compatible with the Medium Density Residential Land Use Classification allowing one dwelling unit per six to nine acres. The following summarizes the criteria listed in Table 30 of the Comprehensive Plan, Proposed Land Use Districts and Methodology, as applied to the Froning property Classification General description Slope constraints ISDS constraints Floodplain constraints Land use compatibility Road conditions Infrastructure needs Distance from urban areas Low Density Residential Froning Property 10+ acres per Dwelling Unit Major Moderate (Minor) Major Moderate Major Minor Minor Moderate Moderate Moderate Moderate Moderate Minor Moderate As a result this sketch plan is proposing a maximum density of one dwelling unit per six to nine acres, which we interpret to be compliant and compatible with the Garfield County's Comprehensive Plan. In support of this proposed land use classification, this application responds to each of the Comprehensive Plan of 2000 Development Constraints and Land Use Considerations for the proposed Medium Density Residential Classification of 6-9 acres/DU. 1. Development Constraints Slope Constraints —Moderate to Minor Response: The slope analysis in Exhibit 11 was calculated on five-foot intervals and shows small isolated areas of 40 percent or greater slopes within lots 1, 2 and 3. These isolated areas comprise approximately 5.7 percent of the site or 1.78 acres. While there is steep terrain within the geographic region, slope is not a constraint on the Froning property. Soil Constraints —Moderate Response: The site is comprised of two soil types: Earsman-Rock Outcrop Complex and Empedrado Loam. • ISDS Constraints — Moderate Froning properly S.etch Plan Bevies Application Project No. 13575 12 otak Comprehensive Plan Compliance Continued Response: Existing municipal systems are too distant to economically extend service to the Froning property. Wastewater would be handled by individual, on -lot septic tanks and leach fields. A centralized water system would serve the subdivision and sewer service would be by approved individual sewage disposal systems, which would be by permit per the controlling design regulations. A geotechnical report will be prepared to define ISDS limitations and submitted at Preliminary Plan Application. There is shallow bedrock within the region and it is evident toward the eastern portion of the Froning property. However, the lots and respective building envelopes are positioned away from bedrock outcropping and in areas thought to have greater soil depth to bedrock. The existing home is serviced with an ISDS system without problems. Advanced ISDS technology also provides innovative means to mitigate this constraint that was not available when these districts were formed. Floodplain Constraints — Minor Response: The property does not lie within a 100 -year floodplain, making this a non -issue for the proposed development. 2. Land Use Considerations • Land Use Compatibility — Moderate Response: As illustrated in Exhibit 12, there are 12 residential lots surrounding the proposed subdivision which range from 1.98 acres to 10.11 acres. Therefore, the immediate surrounding residential land uses can be described as ranging from Medium/High Density to Medium Density. The contiguous lots are 5.21, 5.87 and 10.11 acres. The non-contiguous lots are 1.98, 2.28, 2.43, 2.64, 3.64, 4.11, 5.36, 8.31 and 8.76 acres. The Fronings met with potentially affected neighboring property owners. While some neighbors expressed concern over setting a precedent for future land development in the Red Hill area, none voiced any opposition to the Fronings' proposal. Neighbors' opinions of the suitability and compatibility of the Fronings' proposal are reflected in the letters in Appendix N. • Road Conditions —Moderate Response: The common access road within the proposed development would be designed and maintained to meet the County and Fire Department standards for width and access to improvements or structures. The internal road serving the lots would provide access to the County Road 107 (CR 107) public right-of-way, which would serve as the main access to the proposed subdivision. CR 107 intersects with State Highway 82 0.5 miles from the Froning property, which is a stoplight - controlled full -movement intersection. The proposed internal road alignment can be found in Appendix J, Access Road Horizontal Realignment Plan (Sopris Engineering, LLC). All internal roads would be gravel, with soft shoulder and drainage borrow ditches, and would be dedicated to the public. Froning property S/ etch Plan Levies Application 13 otak Project No. 13575 Comprehensive Plan Compliance Continued • Infrastructure Needs — Moderate Response: The Comprehensive Plan County Road Profile map indicates that CR 107 is in good condition; therefore, existing infrastructure would be adequate to serve the Froning development proposal. Existing municipal systems are too distant to economically extend service to the Froning property. Therefore, a centralized community water system and individual sewage disposal systems are proposed. A 10,000 -gallon tank would supply the water to each lot, and a distribution system using the water storage tank is also proposed. Wastewater would be handled by individual, on -lot septic tanks and leach fields. Shallow utilities (electric and phone) are available to the existing home and the applicant would install central lines for these utilities. See Appendix E, Water Allotment Contract; Appendix F, Plan for Augmentation for the Froning Family Subdivision; and Appendix G, Well Test Report. A geotechnical report will be prepared to define ISDS limitations and submitted at Preliminary Plan Application. • Distance From Urban Uses —Minor Response: The proposed subdivision is approximately 1.5 mile from downtown Carbondale and 0.6 mile from the Carbondale town limits. The close proximity of the Froning property to the services and conveniences of Carbondale is consistent with the planning principles that traditionally support the concept of allowing increased density of areas located near urban centers. The proposed location of the subdivision is outside all of the proposed land use district development constraints as illustrated in the Comprehensive Plan Development Constraint Maps dated 3-31-05. 3. The proposed subdivision is not located in • major or minor slope hazards. • coal mine, major or moderate soil hazards. • fan, landslide, mudflow or mudflow/slide surficial geology polygons. • high water table, slow percolation rate, or solution evaporate minerals septic system constraint polygons. • 100 -year floodplain. • any of the wetland and riparian potential conservation areas. 4. The proposed subdivision is located in the low -to -moderate range of wildfire hazard areas. The applicant has taken care to incorporate the applicable goals, objectives, and policies of the Garfield County Comprehensive Plan — Study Area 1-3 (2000) Public Participation (1.0) Applicable Goals: • An integral part of County land use planning is the opportunityfor citizens to be involved in all phases of the planning process. 14 Comprehensive Plan Compliance Continued Applicable Objectives: 1.2 To ensure that there will be continuity of citizen involvement. Response: While the County subdivision process allows for public involvement and input, one of the applicant's objectives was to learn the sentiments of the neighboring residents of the subdivision early m the planning process. Paul Froning met with the neighbors in the immediate proximity of the proposed subdivision to share the plan and receive meaningful feedback. All neighbors with whom Mr. Froning met supported his plan. Housing (2.0) Applicable Goals: To provide all types of housing that ensures current and future residents equitable housing opportunities, which are designed to provide safe, efficient residential structures that are compatible with and that protects the natural environment. Applicable Objectives: 2.2 To ensure construction of quality housing by continued enforcement of the County's building code. Response: It is the intent of the applicant to construct quality housing using materials and construction practices that are energy-efficient and sustainable. 23 Residential development should be designed and located to ensure compatibility with existing and future adjacent development. Response: The proposed lots would maintain the existing general and overall density characteristics of adjacent homes. All other adjacent land is BLM-owned. 24 The County should encourage the development of energy efficient design, including solar access. Response: Lot layouts would utilize southern solar exposure, to the extent possible, in response to the existing topography. 2.5 Residential development should respect the natural characteristics of a particular site, including topography, vegetation, waterfeatures, geology and visual relationships with surrounding land uses and view sheds. Response: The project design and layout have been developed in context with the existing natural characteristics of the site. The sketch plan is based on early recognition of the environmental constraints and attributes of the site. Applicable Policies: 2.1 The County, through the development of regulations, shall provide for low and moderate income housing types by allowing for mixed multifamily and single family housing in appropriate areas throughout the County. Response: The project is not subject to the County's Affordable Housing requirements and would not be appropriate for this purpose as defined in the County zoning regulations for ARRD, which limits minimum lot size to two acres and use to single- family dwellings. This limitation of lot size and resulting density precludes the opportunity for affordable housing per the definitions provided within the County's Zoning Resolution. 22 To include an assessment of the impact of present and future subdivisions in both incorporated and unincorporated portions of the County during the subdivision review process. Frnning prnperzy S/ etch Plan Reviezv Application Project No. 13575 15 otak Comprehensive Plan Compliance Continued Response: The proposed project does not physically preclude future development from occurring on other County properties or negatively impact existing County developments. 24 Solar Orientation that allows for both passive and active design will be strong encouraged in the design review process and will not be restricted by protective covenants. Response: Consistent with the County's policies, lots would be located to maximize solar orientation and to encourage sustainable development practices. Transportation (3.0) Applicable Goals: Ensure that the County transportation system is safe, functional, appropriately designed to handle existing and future trait- levels and includes options for the use of modes other than the single -occupant automobile. Applicable Objectives: 3.1 To encourage the development of a regional public transit system that respects the interaction between emerging land use patterns and travel behavior in the Valley. Response: Currently there is no mass transit system available near the project site that would allow integration of transportation -oriented development amenities. 3.2 To encourage the use of modes other than the automobile. Response: See response to 3.1, above. 3.3 Proposed developments will be evaluated in terms of the ability of County roads to adequately handle the traffic generated by the proposal. • Response: A traffic analysis will be completed before preliminary plan submittal. 3.4 Proposed developments will include street designs that will reduce adverse impacts on adjacent land uses, respect natural topography and minimise driving hakards. Response: The focus of the street design and layout for the sketch plan is to utilize the existing road alignment to the maximum extent possible in order to minimize new surface disturbance. The proposed road alignment modifications would provide safety improvements to the CR 107 intersection, and allow for preferred lot layout and building envelope orientation that would concentrate proposed development relative to the natural topography, unique physical features, and adjacent land uses. The existing road conveniently bisects the property allowing for efficient placement of lots on both sides of the road. The modifications to the existing roadway adhere to the natural topographic contours and are oriented to minimize impact on existing wildlife habitat. The proposed entry street realignment on the southwestern portion of the property follows the existing terrain and vegetation while providing development potential. The common access road would be designed and maintained to meet the County road standards and Fire Department safety standards for width and access to improvements and structures. 16 Comprehensive Plan Compliance Continued 3.5 Proposed developments will provide a minimum number of access points on through streets and highway corridors. Response: Lots 1 through 5 would access the subdivision's internal roadway network with one access point to CR 107. Recreation and Open Space (5.0) Applicable Goals: Gaff eld Count' should provide adequate recreational opportunities for Count' residents, ensure access to public lands consistent with BLMI USFS policies, and preserve existing recreational opportunities and important visual corridors. Applicable Objectives: 5.4Access to public lands will be expanded and maintained. Response: The Froning property is adjacent to BLM lands. Currently there is no formal access to BLM land from within or around the property. A non -motorized trail easement is proposed over Lot 3 providing subdivision access to BLM-administered public lands. Access to the easement is provided from the internal roadway system. 5.6 Visual corridors are considered an important physical attribute of the County and policies will reflect the need to carefully plan these areas. Response: The primary view corridor from the Froning property would be preserved for adjacent properties as well as protected from within the proposed development. The visual corridor along CR 107 would also be preserved. Development has been set back away from the road to preserve a buffer of existing pinyon/sagebrush vegetation that effectively screens the development's presence from the road and from landowners to the west. The majority of future buildings would be concealed by preserved woodland vegetation with perhaps only rooftops of buildings on Lots 2, 3, and 5 being detectable. Future buildings on Lot 4 would have greater exposure, as they would be set back to the south edge of an existing sage meadow. Due to this lot's vertically subordinate orientation to surrounding homes, future home development would not obstruct any residential southerly viewplanes from within or outside of the proposed subdivision. Applicable Policies: 5.1 Developments that propose densities above one dwelling unit per acre, and exceed 50 dwelling units, will be required to provide adequate recreational opportunities to serve the residents of the project. Alternatives for meeting this requirement will be defined in the Subdivision Regulations. Response: The density of this subdivision would be 6.19 acres per dwelling unit and with significantly less than 50 dwelling units. Therefore, this application would not fall under this policy. 5.3Ifphysically possible, subdivisions and PUDs will be encouraged to design open space areas to become contiguous with existing and proposed open spaces adjacent to the project. Response: The layout of Lot 3 provides a 20 -foot access easement, providing the opportunity for residents to access to these lands from the internal roadway system to the southeastern portion of the site. The building envelopes are placed on the property in order to orient the "no -build" area of the lot contiguous to the BLM-administered public lands. Froning property S/ etch Plan P eview --4ppliccstion Project No. 13575 17 otak Comprehensive Plan Compliance Continued 5.3 Consistent with the management objectives of either the Bureau of Land Management or the U.S. Forest Service, development next to public lands will be encouraged, but not required, to provide public access easements without the use of condemnation process. Response: The layout of Lot 3 provides a 20 foot access easement, providing the opportunity for residents to access to these lands from the internal roadway system to the southeastern portion of the site. Applicable Programs: 5.1 All developers are encouraged to provide recreational amenities within proposed developments. Response: A trail serving the subdivision's property owners would be part of the development plan allowing access to BLM-administered lands. 5.2 Developers shall develop and adopt sufficient standards for:: a. Setbacks from ridges/mesas to ensure that sky -lining does not occur; b. Building envelope designations that preserve visual corridors; and c. Environmentally -sensitive or clustered development. Response: The development layout would orient residential areas in order to maximize wildlife and scenic values. Lots are oriented to prevent buildings from sky -lining above ridges and hilltops, and to meet other scenic/wildlife objectives. The building envelopes are oriented within the lots to provide for a clustered arrangement concentrating future improvements and minimizing new disturbance.. 5.2A11 developers' developments shall analyte existing open spaces adjacent to their proposed developments, both public and private, and shall incorporate contiguity of these spaces with proposed open spaces to be contained in the development. Response: The building envelopes have been concentrated toward the subdivision's road which is aligned through the central portion of the subdivision property. This orientation provides a no -build open area buffer to the southern and eastern edges of the subdivision, which is contiguous to BLM-administered lands. Also see 5.6 Applicable Objectives above. Open Space and Trails (5.0[a]) Applicable Goals: 5.1(A) To ensure that existing agricultural uses are not adversely impacted by development approved by Garfield County; Response: The Froning property is not agricultural land nor is it contiguous to agricultural lands. 5.2 (A) To ensure that wildlife habitat is a component of the review process and reasonable mitigation measures are imposed on projects that negatively impact critical habitat; Response: Kelly Wood of CDOW met with Paul Froning on site; her comments were incorporated into the proposed development plan. 5.3 (A) That the development of passive and active trails in the County should be developed in a comprehensive fashion, consistent with efforts by adjacent jurisdictions; 18 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Comprehensive Plan Compliance Continued Response: There is an extensive public trail system on the BLM-administered lands to the west and northwest of the Froning property. The development plan also provides a subdivision trail access to the BLM-administered lands to the east. Applicable Policies: 5.1(a) All projects approved adjacent to existing agricultural uses shall be required to mitigate any adverse impacts. These mitigational measures shall include some or all of the following: a. appropriate buffering of building envelopes from common property boundaries; b. The use of open space to provide additional buffering c. Dog restrictions, including limiting the number of dogs and requiring kenneling prior to issuance of a Certificate of Occupancy. Response: Not applicable. There is no agricultural use adjacent to the existing property. 5.2(a) Developers proposing projects located in areas defined as critical habitat by the Colorado Division of Wildlife Resource Information System (WRIS) will be required to propose mitigation measures during the submittal of proposed projects. Mitigation measures shall include the following: a. Fencing and dog restrictions consistent with DOW recommendations; b. Avoidance of critical portions of the property through the use of building envelope restrictions or cluster development concepts; c. Conservation easements. Response: WRIS maps have been consulted and are found in Exhibits 4, 5, and 6. All unnecessary fencing would be removed to reduce interference with wildlife movements. Residential areas would be arranged to minimize impacts on wildlife habitat. Building envelopes are arranged to concentrate structures, minimize new disturbance and maximize open, natural areas. No perimeter fencing would be allowed around Lots 1 through 5; however, domestic pet fencing would be allowed within the defined improvement envelopes on these lots. Water and Sewer Services (7.0) Applicable Goals: • Provide adequate services such as police, fire, schools, and other public services. • To ensure the provision of legal, adequate, dependable, cost ffective, and environmentally sound sewer and water services for new development. Applicable Objectives: 7.1 Development in areas without existing central water and sewer service will be required to provide adequate and safe provisions for these services before project approval. Response: A centralized community water system and individual sewage disposal systems are proposed. 7.3 Projects proposing the use of ISDS (individual sewage disposal ystem) will be required to assess the site's capability to accommodate these systems prior to project approval. Response: Sewer service would be by approved engineered individual sewage disposal systems, and would be by permit per the controlling design regulations. The existing Froning property., S'Aetch Plan R-eview ---ipplication Project No. 13575 19 otak Comprehensive Plan Compliance Continued home is currently serviced effectively by ISDS. The remainder of the property would be investigated by a licensed geotechnical engineer to assure its capability to accommodate the proposed subdivision. Findings would be submitted as a part of the Preliminary Application. Z4 Development will be required to mitigate the impact of the proposed project on existing water and sewer ystems. Response: See Appendix E, Water Allotment Contract; Appendix F, Plan for Augmentation for the Froning Family Subdivision; and Appendix G, Well Test Report. Applicable Policies: 7.1 All development proposals in rural areas without existing central water and/ or sewer ystems will be required to show that legal, adequate, dependable and environmentally sound water and sewage disposal facilities can be provided before project approval. Response: See Appendix E, Water Allotment Contract; Appendix F, Plan for Augmentation for the Froning Family Subdivision; and Appendix G, Well Test Report. A geotechnical report will be prepared to define ISDS limitations and submitted at Preliminary Plan Application. 7.2 Where logical, legal, and economic extension of service lines from an existing water and/or sewage ystem can occur, the County will require development adjacent to or within a reasonable distance, to enter into the appropriate agreements to receive service. The burden of proof regarding logical, legal, and economic constraints will be on the developer. Response: Existing municipal systems are too distant to economically extend service to the Froning property. 7.3 The County will require developers proposing ISDS to provide data that demonstrates to the County that the proposed site can accommodate these systems prior to project approval. Response: A geotechnical report is being prepared to define ISDS limitations and would be provided as part of the Preliminary Plan. Applicable Programs: 7.1 A High Groundwater/Septic System Constraint Map, based on previously collected technical data, will be developed and applied in the project review process to ensure that water and wastewater systems are designed in a safe, effective manner. For areas of the County that have not been mapped, it shall be incumbent upon the developer to evaluate the sub -surface conditions and their abilityfor adequately treating wastewater that would be generated by the project. Response: The Froning property does not lie within the mapped areas for high water tables, slow percolation rates, and solution evaporate minerals. A geotechnical report will be prepared to further define ISDS limitations. Z3 In areas identified as having severe constrains to the use of ISDS, the developer shall install either centralised wastewater treatment facilities, or another engineered design approved by the State, or shall leave this land undeveloped. Response: The Froning property is not within an area that has been identified as having severe ISDS constraints. A geotechnical report will be prepared to further define ISDS limitations. 20 Comprehensive Plan Compliance Continued 7.4A Water Constraints Map, based on the collection of geologic data, will be developed and applied to the project review process to ensure that potable water ystems are designed in a healthy and safe manner and that an adequate water supply exists. Response: See Appendix E, Water Allotment Contract; Appendix F, Plan for Augmentation for the Froning Family Subdivision; and Appendix G, Well Test Report. Natural Environment (8.0) Applicable Goals: • Protection of watersheds and floodplains. • Control drainage that impacts the Communities. • Gafeld Count' will encourage a land use pattern that recognizes the environmental sensitivity of the land, does not overburden the physical capaciy of the land, and is in the best interests of the health, safey, and welfare of Garfield Count'. Applicable Objectives: 8.2 Proposed projects will be required to recognize the physical features of the land and design projects in a manner that is compatible with the physical environment. Response: The plan recognizes the topographic and cultural features of the property and intends to minimize earthen cuts and fills, preserve the natural characteristics of the land to the maximum extent possible, and meet the other objectives listed in the Garfield County Comprehensive Plan. 8.3 Gaield County will ensure that natural drainages are protected from alteration. Response: Careful placement of building envelopes would protect natural intermittent drainages found on the property. 8.4 Gaield County will ensure that natural, scenic and ecological resources and critical habitats are protected. Response: The proposed development plan has considered the natural, scenic, and ecological resources of the property and provides for scenery setback buffers, preservation of wildlife -desirable sage meadows, and road alignments that minimize new disturbance while adapting to the natural contours. 8.5 Development proposals will be required to address soil constraints unique to the proposed site. Response: A geotechnical report will be prepared at Preliminary Plan Application to define soil constraints. 8.7Development will be encouraged in areas with the least environmental constraints. Response: The plan has been developed with multiple objectives in mind. The plan represents a balance between wildlife, visual and residential values and works within identified geohazard constraints. Applicable Policies: 8.1 Gaield Count' shall discourage and reserve the right to deny development in areas identified as having severe environmental constraints such as active landslides, debris flows, unstable slopes, bedrock slides, Froningproperry Sketch Finn Keview---lpplication Project No. 13575 21 otak Comprehensive Pian Compliance Continued major mudflows, radioactive tailings, slopes over 25 percent, riparian areas and wetlands and projects proposed within the 100 year floodplain. Response: The property does not lie within an area that has severe environmental constraints. 8.2 Ga f eld Coun y shall discourage development proposals that require excessive vegetation removal, cut andfall areas or other physical modifications that will result in visual degradation or public safey concerns. Response: The project plan is designed to minimize new disturbance; minimal cut -and - fill and preserves existing vegetation. The visual integrity of the natural would be maximized through low -impact placement of building envelopes and use of existing vegetation as a visual buffer to the proposed development. 8.3 Natural drainage patterns will be preserved. Response: Natural drainages would be protected by avoidance and by placing pipes under roadways to prevent adverse impacts. Best management practices would be utilized to ensure that increased drainage volume due to impervious surfaces does not adversely impact natural drainages. These measures will be a part of the Preliminary Plan application. (See Appendix I, Engineering Report) 8.5 The County will discourage development in areas where severe soil constraints cannot be adequately mitigated. Response: A geotechnical report will be prepared at Preliminary Plan Application to better define soil constraints. 8.6 Ga f eld County will protect critical wildlife habitat needed by state and federally protected, threatened, or endangered species. Development within these designations that cannot be designed, constructed, and conducted so as to have a minimum adverse impact upon such habitat or these wildlife species, shall be discouraged; however, it is the intent of this policy, that no private landowner lose the abili y to develop his/ her land without fair compensation as a result of owning significant wildlife habitat. Response: The CDOW has been consulted and comments integrated into the plan (see Wildlife in Section II, Proposed Sketch Plan). 8.7 Ga f eld Coun y will require development on lands having moderate or minor environmental constraints to mitigate physical problems such as minor rockfalls, 17 to 24 percent slopes, minor mudflows, potential subsidence, high water tables, slow percolation, radioactive soils and/ or corrosive and expansive soils. Response: A geotechnical report will be prepared at Preliminary Plan Application to better define the listed constraints. Radiation is addressed under Appendix L, Radiation Report. 22 1 1 1 1 Appendix A 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Subdivision Sketch Plan Application Form 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com Subdivision Application Form ➢ Subdivision Name: GENERAL INFORMATION (To be completed by the applicant.) !7IJ%7/PN ➢ Type of Subdivision (check one of the following types): Sketch Plan Preliminary Plan Final Plat ➢ Name of Property Owner (Applicant): ii. 4 mgvA fte-aW / ➢ Address: j77)( S95 Telephone: g -- -9",a5- ➢ City: A2NPAI,e, State: GD Zip Code: 6Z3 FAX: ➢ Name of Owner's Representative, if any (Attorney, Planner, etc): (17 /NG, ➢ Address: _Pvg'7,77Telephones: 99&--7 -/ 9/ ➢ City: - State: 9 Zip Code: g/'02j FAX: 7,415--/6`00-- Name 3%622_. Name of Engineer: % $ ma'1`-4 ➢ Address: 502. NAM S7;J 5/ , ,43 Telephone: ems/ 7 -43Jj ➢ City: State: GO Zip Code: 0, .3 FAX: ➢ Name of Surveyor: i--#05 ➢ Address: 64 4a-m1W 00P Aum, ➢ City: 44PgrifP4i State: CO Telephone: 912 Zip Code: ggZ3 FAX: ➢ Name of Planner: OTAK/ ➢ Address: '/ .:, �1 ��— Telephone: 970-98- M% ➢ City:G/�p4 . State: G' 7 Zip Code: E5/bz.3 FAX: GENERAL > Location of Property: Section > Practical Location / Address AKS; INFORMATION continued... Z-1-- Township Range 0 of Property: 790 ' /0 7 - 531 'gr2 14-u-, fo't71G /PU > Current Size of Property ➢ Number of Tracts / Lots > ➢ Property Current Land Use 1. Property's Current 2. Comprehensive Plan Proposed Utility Service: > Proposed Water Source: ➢ (See "Attachment C" to be > Proposed Method of Sewage > Proposed Public Access ➢ Easements: Utility: Ditch: > Total Development Area to be Subdivided (in Created within the Proposed Designation: Zone District: acres): 30s q� Subdivision: . ,-- N/4/,`, Map Designation: 13 OOO , LOV/ P 5 FaaPYPAL-, try /i?7L,4/pV 01,,101 �A7 5'"074� `i�. 4 U-- completed with the Preliminary Plan Application) Disposal: / 5t7 VIA: C4 /O (fill in the appropriate boxes below): (1) Resident ia' . ' N Units( L_ ote f" Size (Acres) Parking.Provide t v � +. ,: r.. .. _air ` �, s A _ ..';' h _ Dupre.a€ . .u*�r�'.. a4a O 0 U uft miry F �0 0 Mbbi Ho i ; : 0 0 O ,_ � ota �� �.���,k �"; Tl -7-.-3O a Floor Area (sci. ft.) Size (Acres) Parkmq Provided kis 2) or tm ial. 1}� (3) Ifddstrra w1,° . , ,. :.. 4 Pubire'Utuasi-Public Of Space/ Common Area Total ➢ Base Fee: Sketch Plan - $325.00; Prelim Plan - $675.00; Final Plat - $200; Plat Review Fee 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I. THE SUBDIVISION PROCESS In order to subdivide land in Garfield County, an Applicant is required to complete the following land use processes in the following order: 1) Sketch Plan Review Process, 2) Preliminary Plan Review Process, and 3) Final Plat Review Process. This section will briefly describe the nature of each process and provide general direction including subdivision regulation citations to a potential applicant requesting subdivision approval in Garfield County. All of the Garfield County Zoning and Subdivision Regulations are located for purchase at the Planning Department and can also be found on the World Wide Web at the following address: http://www.garfield-county.com/building and planninq/index.htm A) The Sketch Plan Review (Section 3:00 of the Subdivision Regulations) 1. Purpose The purpose of the Sketch Plan process is to allow an individual an opportunity to propose a subdivision in a "sketch" format to the Planning Department and the Garfield County Planning Commission in order to obtain a cursory review for compliance with the County's land use review documents, regulations, and policies to identify any issues that would need to be addressed if the proposed subdivision were to be pursued. 2. Applicability Any individual proposing a subdivision in Garfield County is required to complete the Sketch Plan review process as the first step in Garfield County's Subdivision process. More specifically, Garfield County defines a subdivision (Section 2:20.48) as the division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or separate interests, or the use of any parcel of land for condominiums, apartments or other multiple -dwelling units, as further defined by Colorado state law. 3. Application / Submittal Requirements In order to apply for a Sketch Pian Review an Applicant is responsible for reviewing Section 3:00 of the Subdivision Regulations and providing enough information to the Planning Department in the application to conduct a thorough review and provide the resulting comments to the Planning Commission for their review and comments. Specifically, Section 3:30, 3:32, and 3:40 of the Subdivision Regulations contain the specific information required to be submitted to the Planning Department in order to satisfy the application requirements in addition to the information requested on this application form. 4. Process / Public Meeting The Sketch Plan review process is considered a 1 -step process because the application is reviewed only by the Planning Commission at a public meeting. In order to appear before the Planning Commission, an applicant will have submitted all required application submittal requirements mentioned above to the Planning Department Staff. Once submitted, Staff will have 15 working days to review the application to determine if all the required submittal information has been submitted as required. If Staff determines that all the required information has been submitted, a letter will be sent to the applicant indicating the application has been deemed "technically complete." It is at this point Staff will also indicate when the application has been 3 scheduled to be reviewed before the Planning Commission and will request the applicant supply additional copies to provide the Commission for their review. If Staff determines that all the required information has not been submitted, a letter will be sent to the applicant indicating the application does not comply with the submittal requirements and therefore has determined the application to be "technically incomplete." The letter will also outline the applications deficiencies so that the applicant knows what additional information needs to be submitted. At this point, the applicant has 6 months (180 days) to provide the necessary information to the Planning Department to remedy the application so that it may be deemed technically complete. If the application has not been deemed technically complete within this time, the application will be terminated. Once the application has been deemed technically complete and a date has been established as to when the Planning Commission will review the application, Staff will conduct a land use review of the application using the County's land use regulatory documents including the Zoning Resolution, Subdivision Regulations, and the Comprehensive Plan of 2000. In addition, Staff will also consider referral comments provided from a variety of state and local agencies who may also review the application. As a result, Staff will write a Memorandum on the proposed subdivision to the Planning Commission containing the results on the land use analysis. This Memorandum will also be furnished in advance to the applicant. At the date and time set for the public meeting before the Planning Commission, Staff will present the findings in the Memorandum and the applicant will be required to present the proposed subdivision and respond to comments and questions provided by the Planning Commission. The comments provided to the Applicant by the Planning Department and the Planning Commission as a result of the Sketch Plan Process will be kept on file in the Planning Department for 1 -year from the meeting date before the Planning Commission. If an Applicant does not submit a Preliminary Plan application to the Planning Department within the 1 -year timeframe, the Sketch Plan file will be closed and the Applicant will need to reapply for a Sketch Plan review prior to a Preliminary Plan review. B) Preliminary Plan Review (Section 4:00 of the Subdivision Regulations) 1. Purpose The purpose of the Preliminary Plan review process is to conduct a thorough review of the many aspects that are associated with dividing land in Garfield County for the purposes of residential, commercial, and industrial development. This is the most intensive review step where the Building and Planning Staff, the Planning Commission, and the Board of County Commissioners (BOCC) will conduct a thorough review of all the issues associated with the proposed subdivision against the County's regulatory requirements. Ultimately, the purpose of this process is to identify all the major issues in the proposed subdivision by using the County's Zoning Resolution, Subdivision Regulations, Comprehensive Plan of 2000, as well as other state and local referral agencies that will provide comments on any issues raised in their review. This is the process that will either approve or deny the application request. 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2. Applicability Any individual proposing a subdivision in Garfield County is required to complete the Preliminary Plan review process as the second and most intensive step in Garfield County's Subdivision process. More specifically, Garfield County defines a subdivision as the division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or separate interests, or the use of any parcel of land for condominiums, apartments or other multiple -dwelling units, as further defined by Colorado state law. 3. Application / Submittal Requirements In order to apply for a Preliminary Plan Review, an Applicant must have already completed the Sketch Plan review process addressed in Section 3:00 of the Subdivision Regulations. An applicant requesting Preliminary Plan review will be required to submit this application form, all the required submittal information contained in Sections 4:40 to 4:94 of the Subdivision Regulations as well as address all of the applicable Design and Improvement Standards in Section 9:00 of the Subdivision Regulations. In addition to the substantive submittal information related to the proposed subdivision project itself, an applicant is required to complete all the public notice requirements so that legal public hearings can be held before the Planning Commission and the BOCC which is addressed in Sections 4:20 — 4:31 of the Subdivision Regulations. 4. Process / Public Hearings The Preliminary Plan review process is considered a 2 -step process because the application is ultimately reviewed by two County decision-making entities during public hearings: the Planning Commission who makes a recommendation to the BOCC. In order to obtain dates for the public hearings before the Planning Commission and the BOCC, an applicant will have submitted all required application submittal requirements mentioned above to the Planning Department Staff. Once submitted, Staff will have 30 working days to review the application to determine if all the required submittal information has been submitted as required. If Staff determines that all the required information has been submitted, a letter will be sent to the applicant indicating the application has been deemed "technically complete." It is at this point Staff will also indicate when the application has been scheduled to be reviewed before the Planning Commission / BOCC. Additionally, Staff will provide the applicant with the notice forms to be mailed, published, and posted. If Staff determines that all the required information has not been submitted, a letter will be sent to the applicant indicating the application does not comply with the submittal requirements and therefore has determined the application to be "technically incomplete." The letter will also outline the applications deficiencies so that the 5 applicant knows what additional information needs to be submitted. At this point, the applicant has 6 months (180 days) to provide the necessary information to the Planning Department to remedy the application so that it may be deemed technically complete. If the application has not been deemed technically complete within this time, the application will be terminated. Once the application has been deemed technically complete and a date has been established as to when the Planning Commission / BOCC will review the application, Staff will conduct a land use review of the application using the County's land use regulatory documents including the Zoning Resolution, Subdivision Regulations, and the Comprehensive Plan of 2000. In addition, Staff will also consider referral comments provided from a variety of state and local agencies who may also review the application. As a result, Staff will write a Memorandum on the proposed subdivision to the Planning Commission / BOCC containing the results on the land use analysis. This Memorandum will also be furnished in advance to the applicant prior to the public hearings. As mentioned above, Staff makes a recommendation to the Planning Commission and the BOCC regarding the issues raised in the analysis of the proposed subdivision. The Applicant will first propose the subdivision to the Planning Commission who is responsible for making a recommendation of approval, approval with conditions, or denial to the BOCC. Next, the application will be reviewed by the BOCC during a regular public hearing. The BOCC will consider the recommendations from the Planning Staff and the Planning Commission, the information presented by the applicant, and the public. As a result, the BOCC is the final decision-making entity regarding the proposed subdivision and will either approve, approve with conditions, or deny the application. If the BOCC approves the subdivision application at the public hearing, the approval shall be valid for a period not to exceed one (1) year from the date of Board approval, or conditional approval, unless an extension of not more than one (1) year is granted by the Board prior to the expiration of the period of approval. (See the specific information provided in Section 4:34 of the Subdivision Regulations.) Following the hearing, Staff will provide a resolution signed by the BOCC which memorializes the action taken by the Board with any / all conditions which will be recorded in the Clerk and Recorder's Office. Once an applicant has Preliminary Plan approval, they are required to complete the third and final step in the County's Subdivision Process: Final Plat Review. C) Final Plat Review (Section 5:00 of the Subdivision Regulations) 1. Purpose The purpose of the Final Plat review process is to provide the applicant with a mechanism to prove to the County that all the conditions of approval required during the Preliminary Plan review process have been met / addressed to the satisfaction of the Planning Staff and the BOCC. This being the case, the chairman of the BOCC will 6 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 sign the Final Plat and have it recorded memorializing the subdivision approval granted by the BOCC. This is the last step in the County's subdivision process. 2. Applicability Any individual proposing a subdivision in Garfield County is required to complete the Final Plat review process as the third and last step in Garfield County's Subdivision process. More specifically, Garfield County defines a subdivision as the division of a lot, tract or parcel of land into two (2) or more Tots, tracts, parcels or separate interests, or the use of any parcel of land for condominiums, apartments or other multiple -dwelling units, as further defined by Colorado state law. 3. Application / Submittal Requirements In order to apply for a Final Plat review, an Applicant must have already completed the Preliminary Pian review process addressed in Section 4:00 of the Subdivision Regulations. An applicant requesting Final Plat review will be required to submit this application form, all the required submittal information contained in Section 5:00 of the Subdivision Regulations and responses to all the conditions of approval required as part of the Preliminary Plan review process. 4. Process The Final Plat review process is considered a 1 -step process because the application is ultimately reviewed by the Building and Planning Staff and presented to the BOCC for their signature if the application satisfies all the required submittal information to the satisfaction of the Building and Planning Department. If Staff determines that all the required information has been submitted, a letter will be sent to the applicant indicating the application has been deemed "technically complete." It is at this point Staff will also indicate when the application has been scheduled to be presented to the BOCC for signature. (This is not a public hearing or meeting and therefore does not require public notice.) If Staff determines that all the required information has not been submitted, a letter will be sent to the applicant indicating the application does not comply with the submittal requirements and therefore has determined the application to be "technically incomplete." The letter will also outline the applications deficiencies so that the applicant knows what additional information needs to be submitted. Once the application has been deemed technically complete and a date has been established as to when the BOCC will review the Final Plat, Staff will review the application / Final Plat in terms of adequacy to determine if all the submittal information satisfies the Final plat requirements as well as the responses to the conditions of approval. During this review, Staff will forward the Final Plat the County Surveyor for review and a signature. In the event there are additional questions or clarification issues to be addressed, the County Surveyor will generally contact the applicant to have the plat adjusted as necessary. Once, Staff has completed the review and all required information has been submitted to the satisfaction of the Planning Department 7 and the County Surveyor has signed the Final Plat in Mylar form, it will be scheduled at the next BOCC meeting to be placed on the consent agenda with a request to authorize the Chairman of the BOCC to sign the plat. Once the Final Plat is signed, it is then recorded by the County Clerk in the Clerk and Recorder's Office for a fee of $11 for the first sheet and $10 for each additional sheet thereafter. This fee shall be paid by the applicant. This act of recording the signed Final Plat represents the completion of the Garfield County Subdivision Process. Please refer to the specific language in the Final Plat portion (Section 5:00) of the Subdivision Regulations for specific timelines and additional responsibilities required of the applicant to complete the Final Plat process. Please Note: This information presented above is to be used as a general guide for an applicant considering a subdivision in Garfield County. It is highly recommended that an applicant either purchase the Garfield County Zoning Resolution and Subdivision Regulations or access them on-line at: http://www.garfield-countv.com/buildinq and planninq/index.htm in order to ascertain all the necessary requirements for each of the three steps including Sketch Plan Review, Preliminary Plan Review, and Final Plat Review. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. (Signature of applicant/owner) Last Revised: 07/25/2005 8 0)/40 � te 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and PA W.- ). i ND4 -Vg-ON/61(7 (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for o Nin/4 4,14 6Di v 1 scary (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter pei init additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT ?c5 Signature Date: ///2 ! /o t'o pAL c L 1cILDNtigJ� Print Name Mailing Address: Po.6ox '4S' c l2goaoAc.E., co V62-3 10/2004 1 Page 4 1 1 1 1 1 1 1 1 •1 1 1 1 1 1 1 1 1 1 Appendix B Existing Zoning 3.01.07 Maximum Height of Buildings: Forty (40) feet. (Unless otherwise permitted by special use permit.) (A. 80-180) 3.01.08 Additional Requirements: All uses shall be subject to the provisions of Section 5(Supplementary Regulations). (A. 80-180) 102 A/R/RD -- AGRICULTURAL/RESIDENTIAL/RURAL DENSITY 102.01 Uses. by right: Agricultural including farms, garden, greenhouse, nursery, orchard, ranch, small animal farm for production of poultry, fish, fur -bearing or other small animals and customary accessory uses including buildings for shelter or enclosure of persons, animals or property employed in any of the above uses, retail establishment for sale of goods processed from raw materials produced on the lot; Guiding and outfitting, and parr Single-family dwelling and customary accessory uses. (A. 86-09) Accessory dwelling omit approved as a part of a public hearing or meeting on a subdivision or subdivision exemption or guesthouse special use approved after 7/95 and meeting the , standards in Section 5.03.02. Pipeline (Subject to review and approval per procedure and requirements of Section 9.07) (Added 2005-53) 3.02:02 Uses, conditional: Aircraft landing strip, church, community buildings, day nursery and school; group home for the elderly. (A. 97-60) Boarding or rooming houses, studio for conduct darts and crafts, home occupation, water impoundments. (A. 86-09;87-108) 3.02.03 Uses;. special: Airport utility, feedlot as principal use of the lot, crematorium, agriculture - related business, resorts, .kennel; riding stable, and veterinary clinic, shooting range facility(A.98-108); Two-family dwelling, camper park, ski lift and trails; broadcasting studio, communication facility, corrections facility, storage, storage of heavy equipment, golf course driving range, golfpractice range and accessory facilities, commercial recreation facility/park;(A. 97-60; 97-112) Mass Transit Facility (added 2002-12) Public gatherings; storage ofoil and gas drilling equipment; Site for extraction, processing, storage or Material handling of natural resources; utility lines, utility substations; recreational support facilities and guest house. (A. 79-132; 80-64; 80-180; 80-313, 81-145; 81-263; 84-78; 86-9; 86-84; 86-106; 87-73; 99-025) Accessory dwelliing unit meeting the standr'rds in Section 5.03.02 for any lot not created after a public hearing or meeting after 7/95. Kennel Group Residential Facility for Children & Youth (Add 2004-62) 3.02,04 Minimum Lot Area: Two (2) acres; except as otherwise approved in a Cluster Option (2003-17) 3.02.05 Maximum Lot Coverage: Fifteen percent (15%). 3.02.06 Minimum Setback:, (1) Front yard: (a) arterial streets: seventy-five ((75) feet from street centerline or fifty (50) feet from front lot line, whichever is greater; (b) local streets: fifty (50) feet from street centerline or twenty-five (25) feet from front lot line, whichever is greater; (2) Rear yard: Twenty-five (25) feet from rear lot line; (3) Side yard: Ten (10) feet from side lot line, or one-half (1/2) the height of the principal building, whichever is greater. 3.02.07 Maximum Height of Buildings: Twenty-five (25) feet. 3.02.08 Additional Requirements: All uses shall be subject to the provisions under Section 5 (Supplementary Regulations). 3.03 R/L/SD -- RESIDENTIAL/LIMITED/SUBURBAN DENSITY 3.03.01 Uses., by right: Single-family dwelling and customary accessory uses, including buildings for shelter or enclosure of animals or property accessory to use of the lot for single-family residential purposes and fences, hedges, gardens, walls and similar landscape features; park 3.03.02 Uses, conditional: Church, community building, day nursery and school, home occupation, group home for the elderly. (A. 97-60) 3.03.03 Uses. special: Two-family dwelling, row house, studio for conduct of arts and crafts, water impoundments, utility lines, utility substations, guest house communication facility, corrections facility. (A. 81-145; 81-263; 86-09; 97-60; 99-025) Accessory dwelling unit meeting the standards in Section 5.03.021 for any lot not created after a public hearing or meeting after 7/95. Maas Transit Facility (added 2002-12) 3.03.04; Minimum Lot gul Twenty e my thousand (20,000) square feet and as further provided under Supplementary R 3.03.05 Maximum Lot Coverage: Twenty-five percent (25%). 3.03.06 Minimum Setback: (1) Front yard: (a) arterial streets: seventy-five 75) feet from street centerline or fifty (50) feet from front lot line, whichever is greater; (b) local streets: fifty (50) feet from street centerline or twenty-five (25) feet from front lot line, whichever is greater; (2) Rear yard: Twenty-five (25) feet from rear lot line; (3) Side yard: Ten (10) feet from side lot line or one-half (1/2) the height of the principal building, whichever is greater. 3.03.07 Maximum height of Buildings: Twenty-five (25) feet. 3.03.08 Maximum Floor .Area Ratio: 0.100/1.0 and as further provided under Supplementary Regulations. 3.03.09 Additional Requirements: All uses shall be subject to the provisions under Section 5 (Supplementary Regulations). 3.04 R/LfUD — RESIDENI"IAUL1 MIMED/URBAN DENSITY g 3.04.01 Uses, by right: Single-family dwelling and Gusto accessory to use f theusesfor includin gbu ldinrn gS accessoiy for shelter or enclosure of animals or property ly residential purposes and fences, hedges, gardens, walls and similar landscape features; park. 3.04.02 Uses, conditional: Church, community building, ) day nursery and school; row house; home occupation; group home for the elderly �ig Appendix C Deed of Trust Quit Claim Deed 1 1 1 1 1 111111111111111111 1111 11111111111111111 111 111111111 1111 632195 07/21/2003 11 30A B1495 P147 M RLSDORF 1 of 11 R 56.00 D 0.00 GARFIELD COUNTY CO WHEN RECORDED, MAIL TO: Liberty Horne Loans, Inc. 8500 W. Bowles Avenue: Suite 300 Littleton, COLORADO 80123 This Instrument was prepared by: Liberty Home Loans, Inc. 8500 W. Bowles Avenue: Suite 300 Littleton, COLORADO 80123 303-971-0780 Loan Number: 0076560101 Order Number: (Space Above This Line For Recording Data) DEED OF TRUST MIN: 100238300030306084 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated July II, 2003 together with all Riders to this document. (B) "Borrower" is PAUL ALAN FRONING and LINDA SINGER . Borrower is the trustor under this Security Instrument. (C) "Lender" is Liberty Home Loans, Inc., organized and existing under the laws of Colorado. Lender's address is 8500 W. Bowles Avenue: Suite 300. Littleton, COLORADO 80123. (D) "Trustee" is the Public Trustee of GARFIELD County, Colorado. (E) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel, (888) 679-MERS. (F) "Note" means the promissory note signed by Borrower and dated July 11, 2003. The Note states that Borrower owes Lender ONE HUNDRED TWELVE THOUSAND and no/100 Dollars (U.S. $112,000.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than August 1, 2018. (G) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (H) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (1) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower (check box as applicable): ❑ Adjustable Rate Rider ❑ Condominium Rider ❑ Second Home. Rider ❑ Balloon Rider ❑ Planned Unit Development Rider ❑ VA Rider ❑ 1-4 Family Rider ❑ Biweekly Payment Rider ❑ Other (Specify) - (J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non -appealable judicial opinions. (K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, 1 1 1 1 COLORADO -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MERS Page 1 of 10 IDS, Inc. - (800) 554-1872 Form 3 Borrower(s) Initials (!� 4' VARRAPTv M1V SAUL, X, LAPPALA sad »MA4 Ct ttriikr410$#' ' - consi4trAtt44 Pf 144 16014404. :40$ 4044 g14*F.6t1°1'' 4hi 4 04104 1410100Y 0011 040 ,r,00**, po *Apt aA ,stAt t*haoliti* th4. foll"v1'-' '011 Pr0P4rtY tO rh* C0400, i0' to -wit oAres° nf lend dAAerlbtif on trisOft '41:4 attitthege, incArpc-rAtte hvr*lo n!" ch.14 rItAreonot., igf#4,41/ it* Appurt.rAnPAn 040 , 74a Pr00000Y for ?tOit'ts, of wAY 0! rtord. or tottalot41. in Unit*4 SS, . , • Th* tottoint 'notr vt v44 or, ;400%400' P0r400 me rhIs ea, of 144$t°4 ir? P*t 1,totottatm, god VtrK4 VTI$DAA my hun4 kiNt-offt',e$#1 e-e.„-,,moostan -exiiist*.t 11***10 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 unuinonimuuuuniiiniiimiuinHiuiiim 632195 07/21/2003 11.30A B1495 P148 M ALSDORF 11 2 of 11 R 56.00 D 0.00 GARFIELD COUNTY CO 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (M) "Escrow Items" means those items that are described in Section 3. (N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for; (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan, (P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (R) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's successors and assigns) and the successors and assigns of MERS. This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower, in consideration of the debt and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the County of GARFIELD: SEE ATTACHED SCHEDULE A Parcel Identification Number: which currently has the address of 700 CR 107 AKA 532 RED HILL ROAD CARBONDALE, COLORADO 81623 ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record and liens for taxes for the current year not yet due and payable. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in COLORADO -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MERS Page 2 of 10 IDS, Inc. - (800) 554-1872 Form 300 t/01 Borrower(s) Initials 'FA t, 1 IIIIl 11111 1111111111 IIJI11 1111 (111111 11! 11111 1111111 632195 07/21/2003 11.30A 81495 P149 M ALSDORF 3 of 11 R 56.00 D 0.00 GARFIELD COUNTY CO 1 1 1 1 1 1 1 1 1 1 1 1 1 1 the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. if Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Applieation of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law, The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. COLORADO -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MERS Page 3 of 10 IDS, Inc. -(800)554-1872 �j Form 3006 11` Borrower(s) Initials f P , 1 1 1 iuiii uiii uiiii iia 1111111111 11111111111111111111111 632195 07/21/2003 11:30A B1495 P150 M ALSDORF II4 of 11 R 56.00 D 0.00 GARFIELD COUNTY CO 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained, Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. if Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30 -day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due, COLORADO -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MERS Page 4 of 10 IDS. Inc. - (800) 554-1872 Form 300 `/01 Borrower(s) Initials P F A/ II HUM 111111 11111111111111110111111 11111 1111111 S32195 07/21/2003 11 30A B1495 P151 M ALSDORF 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 R 56.00 D 0.00 GARFIELD COUNTY CO 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of', the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. lithe insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease. Borrower shall not, without the express written consent of Lender, alter or amend the ground lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. lf, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable Toss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable Toss reserve, until Lender's requirement for Mortgage Insurance ends in accordance COLORADO -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MERS Form 3006 Page 5 of 10 IDS, Inc. - (800) 554-1872 Borrower(s) Initials PiV5 1 1111111 1111111111111111!11111111111111111111!11 IIN III! 632195 07/21/2003 1130A 81495 P152 M ALSDORF 16°' 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 R 56.00 0 0.00 GARFIELD COUNTY CO with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has — if any — with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 1 I. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or Toss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. COLORADO -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MERS Form 3006,1 1 Page 6 of 10 IDS, Inc. - (800) 554-1872 Borrower(s) Initials ePA r 111111 11111 IIIIII 1111111111 IIII 1111111111 IIIII 1111 1111 632195 07/21/2003 11 30A B1495 P153 M ALSDORF I7 of 11 R 56.00 D 0.00 GARFIELD COUNTY CO 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in interest of Borrower or in amounts Tess than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. if a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, COLORADO -Single Family -Fannie MaelFreddie Mac UNIFORM INSPage TRUMEoNTForm 3006 gf owith MERS ; j or Borrower(s) Initials f ft1 IDS, Inc. -1800)654-1872 iii11iiiiiiii1oii11iiii1iiiltiii11111111111111111111111 632195 07/21/2003 11 30A 81495 P154 11 ALSDORF II8 of 11 R 56.00 D 0.00 GARFIELD COUNTY CO contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which COLORADO -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MERS Page 8 of 10 IDS. Inc. - (800) 554-1872 Form 3006 •/s1 Borrower(s) Initials PAF 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1111111 11111 111111 1111 111111111 1111111 111 11111 1111 1111 632195 07/21/2003 11 B1495M 9 of 11 R 56.00 D 0.000GARFIELDPCOUNTY RCODORF Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Lender shall mail a copy of the notice to Borrower as provided in Section 15. Trustee shall record a copy of the notice in the county in which the Property is located. Trustee shall publish a notice of sale for the time and in the manner provided by Applicable Law and shall mail copies of the notice of sale in the manner prescribed by Applicable Law to Borrower and to the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder for cash at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's certificate describing the Property and the time the purchaser will be entitled to Trustee's deed. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall request that Trustee release this Security Instrument and shall produce for Trustee, duly cancelled, all notes evidencing debts secured by this Security Instrument. Trustee shall release this Security Instrument without further inquiry or liability. Borrower shall pay any recordation costs and the statutory Trustee's fees. 24. Waiver of Homestead. Borrower waives all right of homestead exemption in the Property. COLORADO -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with NIERS Page 9 of 10 IDS, Inc. - (500) 554-1872 Form 300 Borrower(s) Initials FA`- N i iniii uiii olio uu alai iia iiiini iii uuii m uii 632195 07/21/2003 11.30A B1495 P156 M ALSDORF II10 of 11 R 56.00 D 0.00 GARFIELD COUNTY CO BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: STATE OF COLORADO, GARFIELD The foregoing instrument was acknowledged before me this by PAUL ALAN FRONING, and LINDA SINGER. Witness my hand and official seal. My commission expires: *Commission Expires ';;3/17/2005 l l' ?•—P Amt PAUL ALAN FRONING • LTNDAIS LAGER County ss: day of (Seal) -Borrower (Seal) -Borrower PCCR t : r.onPw COLORADO -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MERS Form 3006 1/01 Page 10 of 10 IDS, Inc. • (800) 5541872 Order,Number: 03000893 EXHIBIT A LEGAL DESCRIPTION 10 SUBDIVISION EXEMPTION PLAT PARCEL RECEPTION NO.L3539A RO34 OF THE RECORDED OF THE THE GARFIELD COUNTY RECORDS,ALSO2DES DESCRIBED AS 1984984 AA FOLLOWS: A PARCEL OF LAND SITUATED IN LOT 4 OF SECTION 27, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, LYING EASTERLY OF THE EASTERLY RIGHT-OF-WAY LINE OF A 30 FOOT WIDE ACCESS AND UTILITY EASEMENT AND WESTERLY OF THE EAST LINE OF THE SW1/4NW1/4 OF SAID SECTION 27, SAID PARCEL OF LAND BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS CAP IN PLACE AND PROPERLY MARKED AS THE SOUTHEAST CORNER OF SAID SW1/4NW1/4; THENCE N 00 DEGREES 26' 57" E 1024.43 FEET; THENCE N 67 DEGREES 16' 18" W 557.62 FEET; THENCE S 73 DEGREES 16' 34" W 114.05 TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF A 30 FOOT WIDE PRIVATE ACCESS AND UTILITY EASEMENT; THENCE ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID PRIVATE ACCESS AND UTILITY EASEMENT THE FOLLOWING COURSES: S 23 DEGREES 53' 41" W 31.37 FEET; THENCE 42.54 FEET ALONG THE ARC OF A 240.58 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS S 28 DEGREES 57' 41" W 42.48 FEET; THENCE S 34 DEGREES 01' 34" W 76.90 FEET; THENCE 116.55 FEET ALONG THE ARC OF A 102.75 RADIUS CURVE TO THE LEFT, THE CHORD OF WHICH BEARS S 01 DEGREES 31' 55" W 110.40 FEET; THENCE S 30 DEGREES 57' 44" E 113.63 FEET; THENCE 119.50 FEET ALONG THE ARC OF A 114.23 FOOT RADIUS CURVE TO THE RIGHT THE CHORD OF WHICH BEARS S 0 DEGREES 59' 35" E 114.13 FEET; THENCE S 28 DEGREES 58' 35" W 90.46 FEET; THENCE 172.04 FEET ALONG THE ARC OF A 287.39 FOOT RADIUS CURVE TO THE LEFT, THE CHORD OF WHICH BEARS S 11 DEGREES 49' 41" W 169.48 FEET; THENCE S 05 DEGREES 19' 14" E 13.87 FEET; THENCE 105.54 FEET ALONG THE ARC OF A 271.32 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS S 05 DEGREES 43' 03" W 103.89 FEET; THENCE S 16 DEGREES 45' 19" W 50.86 FEET; THENCE 70.92 FEET ALONG THE ARC OF A 151.91 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS S 30 DEGREES 07' 44" W 70.28 FEET; THENCE LEAVING THE EASTERLY RIGHT-OF-WAY LINE OF SAID PRIVATE ACCESS AND UTILITY EASEMENT ON A COURSE BEARING SOUTH 257.19 FEET; THENCE S 88 DEGREES 01' 21" E 772.36 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO 11111111111HMI 111111111i11111111111111111111111IIII 632195 07/21/2003 11 30A B1495 P157 M ALSDORF 11 of 11 R 56.00 D 0 00 GARFIELD COUNTY CO 1 1111111111111111111111111111111111111111111111111111111 632196 07/21/2003 11:33A 81495 P158 M ALSDORF II1 of 3 R 16.00 D 0.00 GARFIELD COUNTY CO 1 1 1 1 1 1 1 1 1 Loan Number: 0450481801 Name: FRONING SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN OUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF LIBERTY HOME LOANS, INC., AS DESCRIBED HEREIN. THIS AGREEMENT entered into this 3an day of JULY, 2003, between Alpine Bank (Grantor) and LIBERTY HOME LOANS, INC., (Grantee): WITNESSETH: WHEREAS, Grantor is the payee and the holder of a promissory note secured by a deed of trust executed by PAUL ALAN FRONING and LINDA SINGER, dated 09/19/02 recorded 09/26/02 at Reception No. 611408 of the public records of the County of Garfield, State of Colorado, covering all of the real property more particularly described therein; and WHEREAS, LIBERTY HOME LOANS, INC., has agreed to lend the property owner the sum of $112,000.00 provided said sum is secured by a LIBERTY HOME LOANS, INC., 1 n deed of trust on that real property described as: l5� 0 See Exhibit "A", which is attached hereto. 8 which necessitates the subordination of the above-mentioned Recorded Deed of Trust to the LIBERTY HOME LOANS, INC., Deed of Trust on the property above described; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is acknowledged, the undersigned hereby unconditionally agrees that the lien of the LIBERTY HOME LOANS, INC., Deed of Trust dated July 3, 2003, which shall be recorded concurrently with this Subordination Agreement in the public records of the County of Garfield, State of Colorado, given to secure an indebtedness in the original principal amount of $112,000.00, shall at all times be first and prior in right to the rights of Grantor under the Recorded Deed of Trust and said Recorded Deed of Trust shall be and at all times remain junior and subordinate in all respects to the LIBERTY HOME LOANS, INC., Deed of Trust, and to all renewals, extensions and modifications thereof as to that real property described hereinabove as if the LIBERTY HOME LOANS, INC., Deed of Trust had been recorded first. —G cuS 11111 11111 111111 1111 MIN 111E11 11111 111111 i632196 07/21/2003 11 33A 61495 P159 R1 ALSDORF 2 of 3 R 16.00 D 0.00 GARFIELD COUNTY CO 1 1 M 1 1 1 1 1 1 1 1 IN WITNESS WHEREOF, the parties hereto have executed this agreement so as to render it effective as of the date and year first above written, Alpiie Bank Carbondale STATE OF COLORADO ) ) ss. COUNTY OF esti ' \) Subscribed sworn to befpre me this ,7-7-4- day of �1�y_ 20C3 by Qac.\\P2� c t -' i .LCaZ asVQ,12 �,` T �w,��. (116.r,yof Alpine Bank. Witness my hand and official seal. eco ( tary Public My commission expires: '6-a - Ca,umussion Expires August 31, 20011 1111111111111111111(111111111111 1111111111 11111 1111lilt 632196 07/21/2003 11:33A 81495 P150 M ALSDORF 3 of 3 R 16.00 D 0.00 GARFIELD COUNTY CO EXHIBIT "A" A PARCEL OF LAND SITUATED IN LOT 4 OF SECTION 27, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL ME11DIAN, GARFIELD COUNTY, COLORADO, LYING EASTERLY OF THE EASTERLY RIGHT -OP -WAY UNE OF A 30 FOOT WIDE ACCESS AND UTILITY EASEMENT AND WESTERLY OF THE EAST LINE OF THE SWI/4NW1/4 OF SAID SECTION 27, SAID PARCEL OF LAND BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING ATA BRASS CAP IN PLACE AND PROPERLY MARKED AS THE SOUTHEAST CORNER OF SAID SW1/4NW1/4 THENCE N 00 DEGREES 26' 57" E 1024.43 FEET: THENCE N 67 DEGREES 16' 18" W 557.62 FEET; THENCE S 73 DECOREES 16' 34" W 114.05 TO A POINT ON THE EASTERLY RIGHT -OP -WAY LING OF A 30 FOOT WIDE PRIVATE. ACCESS AND UTILITY EASEMENT; THENCE ALONG 114SEASTERLY BIGHT -OF -WAY LINE OF SAID PRIVATE ACCESS AND UTILITY EASEMENT THE FOLLOWING COURSES: 523 DEGREES 53' 41' W 31.37 FEET; THENCE 42.54 FEST ALONG THE ARC OF A 24.0.58 POOT RADfUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS S 28 DEGREES 57' 41° W 42.48 HEEL ; THENCE S 34 DEGREES 01' 34" W 76.90 FEET; THBNCR 116.55 FEET ALONG THE ARC OF A 102.75 RADIUS CURVE TO THE LEFT, THE CHORD OF WHICH BEARS 5 01 DEGREES 31° 55' W 110.40 ; THENCE S 30 DEGREES 57' 44" E 113.63 FEET; THENCE 119.50 FEET ALONG MB ARC OF A 114.23 FOOT RADIUS CURVE TO TH$ RIGHT THE CHORD OF WHICH BEARS S 0 DEGREES 59' 35" E 114.13 FEET; THENCE S 22 DEGREES 58' 35' W 90.46 FEET; THENCE 172.04 1 .1 ALONG THE ARC OF A287.39 FOOT RADIUS CURVE TO THE LEFT, THE CHORD OF WHICH BEARS S 11 DEGREES 49' 41" W 169.48 FEET; THENCE S 05 DEGB' S 19' 14' E 13.87 FEET; THENCE 105.54FEET ALONG THE ARC OF A 271.32 FOOT RADIUS CURVE TO THE RIGHT, THE CHORD OF WHICH BEARS S 05 DEGREES 43' 03' W 103.89 FEET; THENCE S 16 DEGREES 45' 19' W 50.86 FEET; THENCE 70.92 FEET ALONG THE ARC OF A 151.91 FOOT RADIUS CURVE TO MB RIGHT, THE CHORD OF WHICH BEARS S 30 DEGREES 07' 44' W 70.28 FEET; THENCE LEAVING THE EASTERLY RIGHT-OF-WAY UNE OF SAID PRIVATE ACCESS AND UTILITY BASEMENT ON A COURSE BEARING SOUTH 257.19 FEET; THENCE S 88 DEGREES 01' 21' E 772.36 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO ALPINE BANK CARBONDALE: F•RRAH ROBERTS, BANKING OFFICER TED M. RISELING JEFF K. RHODES Mr. H Robert Froning 10319 E. 121st Street Bixby, OK 74008 RISELING & RHODES A PROFESSIONAL CORPORATION ATTORNEYS AT LAW INVERNESS PARK • 2510 EAST 21ST STREET TULSA, OKLAHOMA 74114 March 2, 2004 (918) 747-0111 FAX 918-747-0776 MAILING ADDRESS P.O. BOX 52561 TULSA, OK 74152 BARTLESVILLE OFFICE and TOLLFREE NATIONWIDE (866)747-0111 Dear Mr. Froning: Enclosed for your permanent records is the original Trustee's Quit Claim Deed retitling the Garfield County, Colorado real estate to your 3 children. Each owning an undivided 1/3rd interest in the real estate. This deed has been filed of record with the County Clerk's office and should now be retained with your permanent records. Thanks again for the opportunity to be of service; please do not hesitate to contact me with any questions you may have. TMR/gic Enclosure File No. 7936 Very truly yours, R & RHODES, P.C. Ted M. Riseling 1 1 1 l'11 111112/05/2003 02:19P 61544 P709 M3 11111 11111i IIIA 11111 4111I!I I III 11111LSDORF 1111 1111 1 111111 11111111111111111 1111 11111 111111 111 11111 1111 Illi 646703 02/17/2004 02:09P B1561 P568 M 1 of 1 R 6.00 D 0.00 GRRFIELD COUNTY CO 1 of 2 R 12.00 D 0.00 GRRFIELD COUNTY COSDORF 10319 E 12151, Bixby, OK 74008 TRUSTEE'S QUIT -CLAIM DEED THIS INDENTURE, made this 21st day of November, 2003, between H ROBERT FRONING, Sole Trustee of The Carol L. Froning Revocable Trust, dated January 27, 1999, of Tulsa County, State of Oklahoma, party of the first part, and KAREN F. HATCHETT and JOHN W. HATCHETT, husband and wife as joint tenants with right pf survivorship (second party number 1), DONALD M. FRONING and BILLIE J. FRONING, husband and wife as joint tenants with right of survivorship `) (second party number 2) and PAUL ALAN FRONING and LINDA SINGER FRONING, husband and wife as joint tenants with r• ight of survivorship (second party Number 3). Each second party shall receive an undivided one-third (1/3) intere tnhe • property transferred herein; each undivided one-third (1/3) interest will be held as tenants in common by each collective '` second party. b WITNESSETH, that said party of the first part, in consideration of the sum of Ten and no/' 00 Dollars ($10.00) to them Jduly paid, the receipt whereof is hereby acknowledged, do hereby quit -claim, grant, bargain, se I and convey unto the said parties of the second part (second party number 1, second party number 2 and second party N Jmber 3), and to their heirs and assigns forever, all their right, title, interest and estate, both at law and in equity, of, in and to, the following described real a estate, situated in the County of Garfield, State of Colorado, to -wit: a ' P An undivided one-half (1/2) interest in the property described oh attached Exhibit "A" (r Together with all and singular the hereditaments and appurtenances thereunto belonging, TO HAVE AND TO HOLD the above granted premises unto the said parties of the second part, their heirs and assigns forever. IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand the day and year above written. The Carol L. Froning Revocable Trust, dated January 27, 1999 By:�`��2��-- - t H ROBERT FRONING, Successor Sole Trujtee Md s Qre STATE OF OKLAHOMA ) COUNTY OF TULSA ) ss 0 w Before me the undersigned, a Notary Pubic, in and for said County and State, on this day of November, 2003, al k personally appeared H ROBERT FRONING, Successor Sole Trustee of The Carol L. Froning Revocable Trust, dated January III 27, 1999, to me known to be the identical person who executed the within and foregoing instrument and acknowledged to me that he executed the same as his free and voluntary act and deed and as the free and voluntary act and deed of said Successor Sole Trustee, for the uses and purposes therein set forth. Given under my hand and seal of office the day and year above written. 1 1 1 1 1 1 1 My Commission Expires: Client #: 7936 Notary Public j ALISO64 M. RISELING Notary Public - Stabil of Olflahornia Tulaa County Cbmmiaaion 15 42601097 My Comniissaion Explrras Jan 1a, 2006 PREPARED BY: RISELING & RHODES, P.C., P.O. BOX 52561, TULSA, OK 74152 ketl.cn , RISELING & RHODES A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 2510E 21ST STRE:ET TULSA OK 74114-1706 1 1 1 1 1 1 111111111111IIIIII111111111!tin 111111111111111111111 646703 02/17/2004 02:09P 81561 P569 M RLSDORF 2 of 2 R 12.00 D 0.00 GRRFIELD COUNTY CO EXHIBIT "A" A parcel of land situated is Lot 4 of Section 27, Township 7 -South, Range 88 West of the 61hPrincipal Meridian, Garfield County Colorado, lying Easterly of the Easterly right-of-way line of County Road No. 107 and Westerly of the Easterly right-of-way line of a 30 foot wide access and utility easement, said parcel of land being more fully described as follows: Beginning at a brass cap in place and properly marked as the W/4 Corner of said Section 27; thence N 00°01'24" E 367.15 feet to a point on the Easterly right-of-way line of County Road No. 107; thence along the Easterly right-of-way line ref said county road the following courses: 63.35 feet along the arc of a 135.88 foot radius curve to the left, the chord of which bears N 46°30'09" E 62.78 feet; thence N 33°08'46" E 217.96 feet; thence 107.84 feet along he arc of a 510.06 foot radius curve to the left, the chord of which bears N 27°05'22" E 107.64 feet; t ience N 21°01'56" E 87.25; thence 66.46 feet along the arc of a 157.93 foot radius curve to the right, the chord of which bears N 33°05'16" E 65.97 feet; thence N 45°08'35" E 40.25 feet; thence 138.42 feet along circ of a210.85 foot radius curve to the left, the chord of which bears N 26°20'08" East 135.95 feet; thence f, 07°31'41" E 127.76 feet; thence 148.98 feet along the arc of a 347.77 foot radius curve to the right, the chord of which bears N 19°48'01" E 147.84 feet, thence N 32°04'20" E. 73.53 feet; thence leaving the Easterly right-of-way of said county road no. 107 on a course bearing East 151.45; to a point on the Westerly right of -way line of a 30 foot wide private access easement; thence along the Westerly right-of-way line of said pd /ate access easement the following courses; S 11040'0T E 64.13 feet; thence 18.80 feet along the arc of a 237.55 foot radius curve to the right, the chord of which bears S 09°24'00 E 18.80 feet; thence S 07°0757" E 71.96 feet; thence N 17°16'34" E 38.36 feet to a point on the Easterly right- of-way line of a 30 foot wic a private access and utility easement; thence along the Easterly right-of-way line of said private access and ut ity easement the following courses: S 23°53'41" W 31.37 feet; thence 42.54 feet along the arc of a 240.58 foot radius curve to the right, the chord of which bears S 28°57'41" W 42.48 feet; thence S 34°01'34" W 76»0 feet; thence 116.55 feet along the arc of a 102.75 foot radius curve to the left, the chord of which bears S 01°31'55" W 110.40 feet; thence S 30°57'44" E 113.63 feet; thence 119.50 feet along the arc of a 114.23' radius curve to the right, the chord of which bears S 00°59'35" E 114.13 feet; thence S 28°58'35" W 90.46 feet; thence 172.04 -feet along the arc of a 287.39 foot radius curve to the left, the chord of which bears S 11°49'41" W 169.48 feet; thence S 05°19'14" 13.87 feet; thence 104.54 feet along the arc of a 271.32 foot radius curve to the right, the chord of which bears S.05°43'03" W 103.89 feet; thence S 16°45'19" W 50.55 feet; thence 70.92 feet along the arc of a 151.91 foot radius curve to the right, the chord of which bears F. 30°07'44" W 70.28 feet; thence leaving the Easterly right-of-way line of said private access and utility et sement on a course bearing South 257.19 feet; thence N 88°0121" W 533.0 feet to the point of beginning. The above described parce of land contains 12.39 acres more or less. PREPARED BY: RISELING & RHC --DES, P.C., P.O. BOX 52561, TULSA, OK 74152 Appendix D Existing Conditions, Boundary Survey Lines in Space Appendix E Water Allotment Contracts 111111 532319 09/16/1998 IIIII1111lllllll11111111 gpllllllllllllllllll �;Ne B1088 P798 M ALSDORF 1 of 2 R 11.00 D 0.00 GARFIELD COUNTY CO MEMORANDUM OF WATER ALLOTMENT CONTRACT The Basalt Water Conservancy District (the "District") has granted Water Allotment Contract No. 51 dated the 4th day of November, 1985, ("Contract"), to extend to the owner(s) of the real property described on Exhibit "A" attached hereto and incorporated herein by reference, the right to beneficially use water or water rights owned, leased, or hereafter acquired by the District for such real property located in the County of Garfield, State of Colorado. The Contract is subject to various conditions which may include well permit requirements of the Colorado Division of Water Resources and Water Court approval of an augmentation plan or substitute supply plan. Assignment of the Contract requires the District's consent and Applicant's payment of an assignment fee. Inquiries may be directed to: Basalt Water Conservancy District, c/o Schenk, Kerst & deWinter, LLP, 302 Eighth Street, Suite 310, Glenwood Springs, CO 81601, Telephone: (970) 945-2447, Fax: (970) 945-2440 This Memorandum is subject to the terms and provisions of the Contract which are incorporated herein by this reference. Upon recording, this Memorandum shall constitute notice to bona fide purchasers of the Contract affecting the above-described property. BASALT WATER CONSERVANCY DISTRICT Date: 7 - By: STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Arthur Bowles, President The foregoing instrument was acknowledged before me this / 3 day of ,1998, by Arthur Bowles, President ofthe Basalt Water Conservancy District. • , WITNESS my hand and official seal. My Commission expires: II1DK\bwd\FORM ALLOTMENT MEMO.f,m l 7 - ‘Ct Uaz Notary Public After recording return to: Schenk, Kerst & deWinter, LLP 302 Eighth Street, Suite 310 Glenwood Springs, CO 81601 ! Ii'i�III �i�Ill h ill III lilhlil �I �IIIhhl III ilIli� ilii IhI 532319 09/16/1998 03:56P B1088 P799 M ALSDORF 2 of 2 R 11.00 D 0.00 GARFIELD COUNTY CO EXHIBIT "A" To Allotment Contract 51 A parcel of land situated in Lot 4 of Section 27, Township 7 South, Range 88 West of the 6th P.M., Garfield County, Colorado, lying Easterly of the Easterly right-of-way line of County Road No. 107 and Westerly of the Easterly right-of-way line of a 30 foot wide access and utility easement, said parcel of land being more fully described as follows: Beginning at a brass cap in place and properly marked as the W1/4 Corner of said Section 27; thence N. 00°01'24" E. 367.15 feet to a point on the Easterly right-of-way line of County Road No. 107; thence along the Easterly right-of-way line of said county road the following courses: 63.35 feet along the arc of a 135.88 foot radius curve to the left, the chord of which bears N. 46°30'09" E. 62.78 feet; thence N. 33°08'46" E.217.96 feet; thence 107.84 feet along the arc of a 510.06 foot radius curve to the left, the chord of which bears N. 27°0522" E. 107.64 feet; thence N. 21°01'56" E. 87.25 feet; thence 66.46 feet along the arc of a 157.93 foot radius curve to the right, the chord of which bears N. 33°05'16" E. 65.97 feet; thence N. 45°08'35" E. 40.25 feet; thence 138.42 feet along the arc of a 210.85 foot radius curve to the left, the chord of which bears N. 26°20'08" E.135.95 feet; thence N. 07°31'41" E. 127.76 feet; thence 148.98 feet along the arc of a 347.77 foot radius curve to the right, the chord of which bears N. 19°48'01" E. 147.84 feet; thence N. 32°04'20" E. 73.53 feet; thence leaving the Easterly right-of-way of said County Road No. 107 on a course bearing East 151.45 feet; to a point on the Westerly right- of-way line of a 30 foot wide private access easement; thence along the Westerly right-of-way line of said private access easement the following courses; S. 11°40'03" E. 64.13 feet; thence 18.80 feet along the arc of a 237.55 foot radius curve to the right, the chord of which bears S. 09°24'00" E. 18.80 feet; thence S. 07°07'57" E. 71.96 feet; thence N. 17°16'34" E. 38.36 feet to a point on the Easterly right-of-way line of a 30 foot wide private access and utility easement; thence along the Easterly right-of-way line of said private access and utility easement the following courses: S. 23°53'41" W. 31.37 feet; thence 42.54 feet along the arc of a 240.58 foot radius curve to the right, the chord of which bears S. 28°57'41" W. 42.48 feet; thence S. 34°01'34" W. 76.90 feet; thence 116.55 feet along the arc of a 102.75 foot radius curve to the left, the chord of which bears S. 01°31'55" W. 110.40 feet; thence S. 30°57'44" E. 113.63 feet; thence 119.50 feet along the arc of a 114.23 foot radius curve to the right, the chord of which bears S. 00°59'35" E. 114.13 feet; thence S. 28°58'35" W. 90.46 feet; thence 172.04 feet along the arc of a 287.39 foot radius curve to the left, the chord of which bears S. 11°49'41" W. 169.48 feet; thence S. 05°19'14" 13.87 feet; thence 104.54 feet along the arc of a 271.32 foot radius curve to the right, the chord of which bears S. 05°43'03" W. 103.89 feet; thence S. 16°45'19" W. 50.86 feet; thence 70.92 feet along the arc of a 151.91 foot radius curve to the right, the chord of which bears S. 30°07'44" W. 70.28 feet; thence leaving the Easterly right-of-way line of said private access and utility easement on a course bearing South 257.19 feet; thence N. 88°01'21" W. 533.0 feet to the point of beginning. 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H 0 w H M 7 I+ rt P. rt n rt r H 00 N 0 C0 V rt H 0 M OP.iH EI W (0 7 0 9 7 w 7ro w it riH rt 7 OP 00 n r P. 0 P. rt 'C 7• w (D H 04 rt 141 (D w 7 H D' w H `G n w I-3 7' O. n I'• (D rt H 0 9 rt 7• • (0 H 0 7 7'n N•r0 w n o 0, (D 0 W N r H w r P. w 0 w 7 N rt 0 P. 7 M H 7 7 M • w M co H n w 0. [II 0 0 0 N 0 NIy 7' P. 9 th 0 • DI w rt rt ry C H rt 2 W( M n rn 7'Oo w (D -rt w w o rt 0 w 0 0 CY 0 rt H r 7' E M rt ��'t3 H++ 1+• n `C n 0' r• r [*1 rt p N 0 H rt rt w C0 Iwp-. O n P. PO N H N O H 0' r H co O N H n w w 7 rt 'Z N 01 '0 7 rt 0 rt n W W O w 0' 00 (D rt H 4 rt 0. N co .4 H w (D n th Y. (D M 01 31 O W 0. < H+ n rnt P 0 0 'C P. F'• H (D o rt P. n- 0 E H r w rt I-3 a (D O. M P. H t••'O (D O1 n (D H0 O I. n '0 H (-I 7' 0. w.0 th (D 00 Z w r (D n 01 P. 7 0 X 7' tri: W N y 09 0' x 7 O' 7' n N 0 01 w (D co P 7 I P. NOIZVOIladV 2103 um Appendix F Plan for Augmentation, Froning Family Subdivision RNH Water Resource Consultants Tel. 970-252-0278 RHN Water Resources Consultants Inc P.O. Box 3053 Montrose, Colorado 81402 Rebecca H. Nichols Fax 970-252-9464 Plan for Augmentation for the Froning Family Subdivision June 5, 2006 This report has been prepared for Paul and Linda Froning in support of a Plan for Augmentation for the Froning Family Subdivision, near Carbondale, Colorado. History Paul and Linda Froning own 18.58 acres on Red Hill outside of the town of Carbondale, Colorado. The water supply for the 18.58 acres is a well designated as the Red Hill Well No. 3, decreed in Water Court case 87CW155 and permitted under 29358-F. The well was permitted to pump up to 30 gpm and is operated under a contract with the Basalt Water Conservancy District to serve up to three households and one -acre of lawn and garden. The well was decreed to serve the Froning's 18.58 acres and the adjoining 12.38 acres that is owned by the Froning Family. Appendix A contains a topographical map that locates Red Hill Well No. 3. Froning Family Subdivision Paul and his sister and brother own 12.38 acres adjacent to Paul and Linda Froning's 18.58 acre parcel. The Fronings have decided to combine their acreage and subdivide the 30.96 acres into five parcels. The subdivision plan is to create four lots of approximately 5.0 acres each and one lot of approximately 10 acres. Appendix A also contains a proposed plat of the Froning Family Subdivision. It is planned that the subdivision water supply will be provided from the Red Hill Well No. 3. 1 Plan for Augmentation The Red Hill Well No. 3 is tributary to the Roaring Fork River in the Colorado River drainage. The Colorado River downstream from the confluence of the Roaring Fork River and the Colorado River is over -appropriated during the months of April 15 through October 31 of each year. To replace out of priority depletions, a Plan for Augmentation has been developed. Water Demand and Depletion for Lot 1 Water demand for Lot 1 will be in-house use for a 3.5 person family and in-house use for a 2 person guest house and lawn and garden watering of no more than 2000 square feet. The demand for each residence has been estimated to be 100 gallons per day (gpd) per person. The in-house demand for the home and guest house has been calculated to average 0.051 acre-feet per month and total 0.611 acre-feet per year. Wastewater in the subdivision will be treated by Individual Septic Disposal Systems (ISDS). In-house depletions have been estimated to be 10% of demand and have been calculated to average 0.005 acre-feet per month and total 0.06 acre-feet per year. It is planned that Lot 1 will irrigate 2000 square feet or 0.04 acres of lawn and garden. Lawn water consumption was calculated using the DWR- TR21 spreadsheet based on the Blaney-Criddle Pochop-Burnam method of calculating bluegrass consumption at high altitudes. Irrigation water demand for Lot 1 was estimated to be 0.095 acre-feet per irrigation season with an 85% irrigation efficiency. Lawn water consumption for Lot 1 was estimated to be 0.080 acre-feet per season. Table 1 in Appendix B is a calculation of water consumption for Bluegrass at high altitude. Table 2 in Appendix B is a calculation of the water demand and water consumption for Lot 1. Water Demand and Depletions Lots 2-5 Water demand for Lots 2-5 will be in-house use for a 3.5 person family, lawn and garden watering of no more than 1000 square feet, and a small "mother-in-law" apartment that will house one person. The demand for each residence has been estimated to be 100 gallons per person per day. The in-house demand for each home has been calculated to average 0.042 acre-feet per month and total 0.504 acre-feet per year. Wastewater in the subdivision will be treated by Individual Septic Disposal Systems (ISDS). In-house depletions have been estimated to be 10% of demand and have been calculated to average 0.004 acre-feet per month and total 0.048 acre-feet per year for each lot. Each lot will be allowed to irrigate 1000 square feet or 0.02 acres of lawn and garden . Lawn water consumption was calculated using the DWR- TR21 spreadsheet based on the Blaney-Criddle Pochop-Burnam method of calculating bluegrass consumption at high altitudes. Irrigation water demand for each lot is estimated to be 0.055 acre-feet per irrigation season with an 85% irrigation efficiency. Lawn water consumption for each lot is estimated 2 to be 0.045 acre-feet per season. Table 3 in Appendix B is a calculation of the water demand and water consumption for each of Lots 2-5. Total water demand for both in-house and irrigation use from the Red Hill Well No.3 for the Froning Family Subdivision have been calculated to total 2.958 acre-feet per year and depletions have been calculated to total 0.545 acre-feet per year. Table 4 in Appendix B contains a calculation of the water demand and depletions for the Froning Family Subdivision. Included in the augmentation calculations is a transit loss of 5% or 0.027 acre- feet bringing the augmentation requirement to 0.572 acre-feet per year. Augmentation Augmentation for out of priority depletions from the Red Hill Well No. 3 will be provided by a Water Service Contract with the Basalt Water Conservancy District in the amount of 1.0 acre-feet per year to replace out of priority depletions from the well. Operation of the Plan for Augmentation During times of valid downstream senior calls, out of priority depletions from the Red Hill Well No. 3 will be replaced by releases made from Ruedi Reservoir. Augmentation releases will be called for at the discretion of the Division Engineer. 3 Appendix A Topographical Map Drawing of Subdivision •sl i ;,7," - ./ JI},( `� Ve ,, --- \ \\l. 1'4 6800 X 66/0 1� • 6400'` it: l'. J `\? \� =-=,li•\,=, f, \Weaver--A-----i , 6/24 CemP f f • • %,... -i l t I ' 1 • I � nom•`-� I Qarbonditle �1 II \1;`•-• ie _ \ I I ;,. 6331.1- :d I su :.�\ti Name: CARBONDALE Date: 5/25/2006 Scale: 1 inch equals 2000 feet Location: 13 0309333 E 4365964 N Caption: Froning Family Subdivision Plan for Augmentation Section 27, T7S, R88W, 6th PM Copyright (C) 1999, Maptech, Inc. Scale 1":150' ) Lot 3 542 Acres Lot 4 5.23 Acres 11 'Lot 5 5.15 Accts DRAFT 1 Appendix B Table 1: DWR TR -21 Lawn Grass Water Consumption Table 2: Lot 1 Demand & Depletions Table 3: Lots 2-5 Individual Demand & Depletion Table 4: Subdivision Water Demand & Depletion 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 (1) 0 p r U7 CO CO N CS) r (D r N CON CO CO a) N N CO M d' r r r r r T r r r T r r C � o a 2 Cif > a) coO 00 CA C() '� to N 0) COO O -O r O CO CO d' O da O O U) co c E N co co 4 u7 CO ti CO co M N r CZ a) N CD f a) c co U L c N N (C) o.. cB j D a) U O a) Tu 0 ��I�2Q2-1-'QcnUzo CL o C o U 0) c (6 o N U a) _c !— 3 r" . 0) El..) o H o a) E n E a) c as - o o a ca 3 OrM c E c a) aa) m 0 off$ U7 O T �� -0 N C) C6 r- M (n a) o p as w CO O -p o a to O rO O N O UO O N 0o p o U cd p 05 N Nr a) a. eL o N CO 10 E a) 2 coN 11 w N Y IC II (ll V O C > (0 U O o 'cn m (n n N O C II j �� �(!) LO .Q N0 g C m CD II U E w (n 3 .- co 0) sac6 D '- N 2 0 a) ) Q u C as J 0 Ur L-- J OCO...-_. C C SC O O O O U 6 111 ) CD CD N pF. 0 a) N > > I— 0 ac)U 0 onW ci) 0 w BI 38.48 Decimal Degrees (+2.865% per 1,000 ft above 4,429 ft) M o) cU c "(3 Q 0).o E o Qat 0) -o C o Oa) 0 a CO CO N O V 0) CO CO N CO O r M U7 CC) 4 M N d r O CO Cn L)M (A O 0) r v- . r p r p v- 0") O CO N CT 'r' CO COO N N r 1` 00 D r r r r T r r r r M 0 0 "I' OI N CO CO CO CO V' CO CO V N r-- a co co r -- 0) `(T OT O O) O) (b 0 r r o 0 r M CO 00 00 Cf) c' CO CO CO CO CO CO co 0 0 0 0 0 0 M�vf�03 oCO U7 M ti CO U7 M co L.0 a) 7 CO M ti co O (A 4 OCA c) O 00 C� U) V CO N O CO CO CO O� CO CO C 1) (C) C1 (TC) 3 3 a) Z CO U7 N N r -- Ci 0 Water Demand and Depletion Lot 1 with Guest House E O H N O z U 0 N V1 bO ti ti N z (i) 0 0000 N 01 O M ,71- N O N O O O -� O O O O O O O M O1 O N M N M •- O V7 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O M 01 [- Q1 M N M— O kr) O O O 1--4 O O O O O O O O O O O O O O O N 00 N N M N O O In M ---+ .-.---,0 O ,-.4 ,-1O O O O O O O O al) O O O O O O O O .5 al MCN Cr v• -•4M N �0 �-+ M -- -+ [� O O -- N d O O O O 0 0 0 O O O O O O O O O 0 CI O O O O O O O O 5 O O O O O O O O `-, 0 o N 00 .--, ---- M N 00 M w M �--� N t--onO '--1 N a� O O O O O O O O *� O O O O O O O O a M 01 M �n M N 47 r w M 1.1 7 -IO O- r-+ O O O O O O al N O O O O O O OO O O O 00 2 c) 'd CD CD CD O O O O O O O O 0 0 0 O 0 0 0 O ,d o d M CN O N M N O kr) e 0 0 0 0 0 0 6c -0 o 0 0 0 0 0 0 0 0N 0 o 1 0M O en O O O O O O O O O O O o O O O O O O O O MCN O N M N O vl 78Qui 0 O O O O O O O O a) O O O O O O O O o q m -d O to o cu LI) a2 O O m S, 0w wo o o cd o b b 0 H H oo E o d °' U o coU o 04D p 0"czi fi"al cct ,. i x o x at o 4 1-4 oo o a PI Q Q '-. ,_., N M Cl-' C �' Gu O H U O O z U CD a) C/] ti cd 4.4 cct 0 i 5 z 0 0 co O O O O O O M O O O O co O O O d - O O cn O O O O O O coo co co co co O O co; M Ocn _ d' M �- M 0 0 0 0 co O O O o O O O O 0 0 0 O 0 N Q\ oo M ' - a) s::1M O OO d O O o O O O O O O O 0 a.0 us ,, d c, M -0 M t! ) p 0 CZ) O r-, 0 0 0 0 O O O O O O O 0 0 M O M M ~ co O O co O O co cs.., O 0 0 O O O O 0 - .---4 w N Oh N M 00 -"' 0 0 O O o kr) O O O o O O O O 0 0 0 0cr O .-4o M O O V O O O b�A O O O O O O O O Cr) 0 O O O O O O O 0 0 -0 a) O▪ . M o o o 0 0 0 0 O O O o 0 0 0 0 0 0 0 0 0 0 0 0 O b 0 M O O M O O O O o O b c•) o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o M 4 0 d• a 73 0 0 0 0 0 0 0 0 s. 0 000 0 000 O p, ( ct w N M 0c -n 0 0 0 0 0 o O 0 co O o 0 ti 0 0 0 0 0 0 0 0 rci o on 0 o a. S o 0 al � /-4 o •---4 � o c - O w o t; o ▪ T!, O a H Q" • _ E2 o N ,, a) a) Q • -f:' g O o cczt a)- O bA .2 3 P1 EfiU v, Fr O y • 4:+ 0 x a x a ▪ 0 N o L a 0 o • a a o ' 0 71Q fa, !a"� Q r N n d M 1 1 1 1 1 1 1 •� co czt• •.r 1 .to i"• r Nit- ct1 =� 1 1 1 1 1 1 1 0 Q 3 O H U a) O z U 0 b.0 ti cd a) z a) 0 00 N VDM i N O M O O N O M 41 —1 O M O O O O O O O O N 00 VO O �O M O 7 O O r+ O N O O O O M 01 _ M r-+ s N �t O O O O N 00 M a\ O O .-- O N • O O O O cn N O 000 N C- O O O N N O O 0 0 0 O O O ---4 M O O -- O N N • O O O O O O • O O O O O O N O O O O O O O • O O O O O O O 000 0 00 O O O O O O O en CN1 Ch Cr) el • O O O O ▪ O O • 0 0 0 O O O M 01 , t- O M N C N O 00 O M r-+ t --VD 01 O O 0 O O r-+ O N O O O O O O O O O O O O O O O O O O O R N M 01 S O M M N O c<::O O '--4 CD en O O O O O O O ami O O O O O O O O O O O O 2 o N 00 VD N 00 M N s -- M d N v M ,-. '.O N 00 O O. '.O 00 O 00 a> O O '--- O N O O O O O O O on O O O O O O O O O O O O O O cn O M N - O O O O I --I ▪ O N O O O O O O O 0 O O O O O O O O O O O O o 0 N 00 VO O VO cn N t- O (-,1 —, M M •--- '.O O .--, 0 0-4 0 N O N ra O O '-, O N O O O O O O O v) O O O O O O O O O O O O ' tM 0' .--/ O en M N t O N O - ▪ N en 0 0 N O CD O O O O O O O O O O O O O O O O O O ai O~ O N in O N MN O N O N P. M-- -- tr.) 0 O O O O O r+ O N O O O O O O O v, O O O O O O O O O O O O M es M 01 .--4 O en M N- O N O N 'O O 0 .-- O N 0 0 0 0 O O O at O O O O O O O O O O O O 0 Z o 0 - 0 a. a) Cl H a> v> 0ct U C U �"cal xc �- • E ,_ 0 x rr�-, MMo m s 0 N V W 0 qt1bn a) a) O s.. Cd N 1 M 5 E 'd 0 a> 0 a) con cvs a a) a) 3 a) aU+ Q method of calculating lawn grass at high altitude tel b N 5 Transit Loss calcu Appendix G Well Test Report 1 1 1 1 1 1 1 SAM0 'LION PR I 94 3' 9 February 23, 2006 Paul Froning P.O. Box 545 Carbondale Co. 81623 A T . T n. u On 2-22-06a'well test was conducted on a well at 532 Red Hill Carbondale Co.. The following inforrnatioa was obtained; Well Depth:, Casing Size (7 x 5)" Standing water level 391-0' Total test time 4Hours� Drawdownto--- ------ 394-21/2' Production is greater than 12 GPM 500' This test . ras conducted with 3 Hp pump. The well .water level recovered back to 391-0 in Mi 2 nutes. If you have any questions please call me, Raun Samuelson at,970-945 6309. S ineerely . Raun E Samuelson Samuelson Pump Co. RO Box 297 • Glenwood Springs, CO 81602 • (970) 945-6309 • Fax (970) 947-9448 - Wafer Systems g Soles, Service &• Instaia lel 1 Pump Make IT y p e ._. towered by ` ✓'� HP . S 1 Pump Serial No. 886 ibotor Serial No. Date Installea 11/14/86 Lump Intake Depth 485' emarks 1 TELL TEST DATA WITH PERMANENT PUMP 4V84 Date Tested Itatic Water Level Prior to Test 399 4 ength of Test Hours ustained yield (Metered) 6:6 GPM lumping Water Level 400'=10" Remarks Estimate greater than 1 15gp. 1 1 1 1 1 1 1 '22\ TOTAL DEPT DEPTH TO INTAKE • • WATER 3J TABLE U> r 0 CONE OF DEPRESSION CONTRACTORS STATEMENT The undersigned, being duly sworn upon oath, deposes and says that he is the contractor of the well or pump installation des I•:: hereon; .t he has read the statement made hereon; knows the content thereof, and//that the •e is true of ;..ledge. PORM110 Signatte �.0License No1106 106 State of Colorado, County •i CT cif -4; e •I SS Subscribed and sworn to betore me this-}e4hday of ,. Crr7 1);'.f , 19 My Commission expires: - is I \i 1 , 19 ( i r' Notary Public L---�° J- .,-4. r,� -'r^r- FORM TO BE MADE OUT IN QUADRUPLICATE: WHITE FORM must be an original copy on both sides and signed. WHITE AND GREEN copies must be filed with the State Engineer. PINK COPY is for the Owner and YELLOW COPY is fo; the Driller. Appendix H Beneficial Use Field Inspection Report 10 3.3 .5. STATE OF COLORADO OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES BENEFICIAL USE FIELD INSPECTION WELL PERMIT NO. ;29358-F CASE NUMBER 87CW155 1) Has the well been put to beneficial use as claimer]? Yes (Yes or Nu) 2) Is the well located where claimed: Yes (Yes or No) 3) Are the number and legal description of the acre irrigated accurate? Yes (Yes or No) 4) Is a totalizing flow meter installed on the well?No See Comments (Yes or No) 5) Comments: Upon Field Inspection this well has been has been put to beneficial use as claimed for the following: One single family dwelling, irrigation of approximately 4,000 Sq. feet of lawn & garden and fire protection. To date a totalizing flow meter has -not been in=.ta1] ed although the applicant will try to install one soon. The original SBU currently has a status of SU dated 2/10/85. The well owner was unable to locate the original SBU therefore I assisted the applicant complete a new SBU form. The Applicant will submit the new form soon. Additionally the applicant may have a new pump test conducted or have the pump installer submit a SUPPLEMENTAL TEST to try and increase the 6.6 GPM claimed. Physical Address of the existing well is: 532 Red Hill Roads Carbondale, Co. and is located on Parcel No 1 of the Lappala Subdivision in Garfield County. This well is to be operated under a Basalt- Water Conservancy District. Contract and is tied to Case Number 87CW155. I field inspected the site of the well permitted under the referenced well permit number on JE !? y' 2 and the above is an accurate report of my findings: - )9,276e Signature Date 7,/-12 Title Division/District 1 1 1 1 1 1 1 1 1 1 1 1 Rev. 76 (plication mi: t . complete wh. applicabl Tyrp j cy` print in � INK. No overstrik:•ti or erasures unl. initialed. COLORADO DIVISION OF WATER RESOURCES 3.3 • 5 • �' {-ECEIVED PERMIT APPLICATION FORM J111. 1 , 1985 818 Centennial Bldg., 1313 Sherman St., Denver, Coloraclo 80203 COP\1 KM A PERMIT TO USE GROUND WATER wrttit Wsittlncrs ( ) A PERMIT TO CONSTRUCT A WELL MIL . tritiltILE11 FOR: ( ) A PERMIT TO INSTALL A PUMP �Lo ( ) REPLACEMENT FOR NO {Kg) OTHER Rxrend lisp of WP11 WATER COURT CASE NO (1) APPLICAN r- mailing address NAME Paul .Ilan Froning and Linda Singer c/o Dan Kerst STREET 302 Eighth Street, Suite 31[1 CITY Glenv=)od Springs . CO 81601 (State) (Zip) TELEPHONE NO (303) 945-2447 (2) LOCATIOI! OF PROPOSED WELL County of Gn rf ield SW ''h .If the NW %, Section 27 Twp. 7 S. Rng. 88 W • 6th .II a IE.W1 P.M. '1) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) 30 Average annual amount of ground water to be appropriated (acre-feet)• 1 .1 Number of acres to be irrigated: less than 1 Proposed total depth (feet)' 530 Aquifer ground waiter Is to be obtained from: 1 Owner's well designation 'Red Hill //3 GROUND WATER TO BE USED FOR; ( 'HOUSEHOLD USE ONLY (X) DOMESTIC (I) ( 1 LIVESTOCK (2) ( ) COMMERCI \L (4) 1( 1 OTHER (9) • no irrigation (0) ( 1 INDUSTRIAL (5) ( ) IRRIGATION (6) ( ) MUNICIPAL (8) DETAIL THC USE ON BACK IN (11) FILLER •me street Coll itis Drillin. 0589 Thomas Road r••'J ' f'.. C) City earhitttdalp, CO 81621 Mato (21q) ITelephone No. _'.►63-2812 Lic. No. 634 1 FOR OFFICE USE ONL/Y: DO NOT Will FE IN THIS COLUMN Receipt No J( �/ b 3 / Basin Dist. 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 the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 1) APPROVED PURSUANT TO THE SUBSTITUTE WATER SUPPLY PLAN OF TIIE BASALT WATER CONSERVANCY DISTRICT FOR THE EXPANDED USE OF A WELL (CON— STRUCTED UNDER PERMIT NO. 122893) TO APPROPRIATE GROUND WATER HYDRAULICALLY CONNECTED TO THE ROARING FORK RIVER. THE APPLICANT'S PREDECESSOR HAS BY AGREEMENT DATED JULY 11, 1985, CONTRACTED WITH THE BASALT WATER CONSERVANCY DISTRICT FUR 1.3 ACRE—FEET OF STORED WATER OWNED AND CONTROLLED BY SAID DISTRICT, WHICH CONTRACT WAS ASSIGNEII TO THE APPLICANT BY A "CONSENT TO ASSIGNMENT" DATED SEPTEMBER 9, 1985. 2) THIS WELL SHALL BE OPERATED ONLY WHEN IT IS INCLUDED IN A DECREED AUGMENTATION PLAN OR WHEN THE WATER ALLOTMENT CONTRACT BETWEEN THE AP— PLICANT AND THE DISTRICT IS IN EFFECT. USE OF THE WATER SHALL BE IN ACCORDANCE WITH TIIE TERNS AND CONDITIONS OF SAID PLAN OR CONTRACT. 3) THE MAXIMUM PUMPING RATE OF THIS WELL SHALL BE LIMITED TO 30 GPM OR TIIE ACTUAL YIELD OF TIIE AQUIFER, WHICHEVER IS LESS. — CONTINUED ATTACHED SHEET — APPLICATION APPROVED .PE`MIT NUMBER • DAy ISSUED 29358-f DEC 091985 EXPIRATION D • TE It BY I.D. OF( 0 9 1986 J. Ati,,,IA.6„ GI EEO)) .:,COUt1T1i"' �� APPLICANT: PAUL ALAN FRONING AND LINDA SINGER WELL PERMIT NO. 2.9358-F CONDITIONS OF APPROVAL, CONTINUED: THTr. \'TR ACE \NNU T ',PPP PR T 1TT(l'? OF TIiTC rJrT T Q!7' r r f'r r T'.IT rrn T,) 1.3 ACRE-FEET. 5) THE USE OF GROUND WATER FROM THIS WELL IS LIMITED TO ORDINARY HOUSEHOLD PURPOSES INSIDE NO MORE THAN (3) THREE SINGLE-FAMILY DWELLINGS, FIRE PROTECTION, AND THE IRRIGATION OF UP TO ONE ACRE OF LAWN AND GARDEN. 6) A TOTALIZING FLOW METER MUST BE INSTALLED ON THIS WELL AND DIVERSION RECORDS SHALL BE MAINTAINED BY THE OWNER AND SUBMITTED TO THE DIVISION ENGINEER UPON REQUEST. 7) THE ISSUANCE OF THIS PERMIT CXNCELS PERMIT NO. 122'303. 1 1 1 1 1 1 1 1 1 1 1 Application must he complete where )plicable. Type or ,,riot in BLACK INK. No overstrikes or erasures unless initialed. . Lit IttaiUl-iGES 818 Centennial Bldg., 1313 Sherman St., Denver; Colorad PERMIT APPLICATION FORM (X) A PERMIT TO USE GItOUNU NIATL(� (x ) A PERMIT TO CONSTRUCT A WELL FOR: ( >1 A PERMIT 1.0 INSTALL A PLMP (1) APPLICANT - mailing address o (30203 _•___-- - " � RECLi V ED OCT t.) I'M 3 1 1J81. utA il%AiEli HESUURCE$ fiK �[`t)llr;G STATE EriCilnl ( ) REPLACEMENT FOR NO �.11 ��'' t tEkH C0t0. ( ) OTHER Q0111 - WATER COURT CASE NO. ` FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN NAME Vl1rginia O. L' appal'a. /' 9 �3 Receipt No 7 STREET 689 Main Street Basin Dist. CITY Carbondale iTrrlorado 81623(sut�) (zip) CONDITIONS OF APPROVAL TELEPHONE NO. 963-2961 This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. (2) LOCATION OF PROPOSED WELL County Garf iled' Twp. SbJ 7. Et 'h of the NW Rng. 88 !tt t sc %, Section Ili. IE. W) 2? 6th P.M. (3) WATER USE AND WELL DATA oposed maximum pumping rate (gpm) Average annual amount of ground water to be appropriated (acre-feet): 15 1'3�r Number of acres to be irrigated: none Proposed total depth.(feet): 300-400 1 Aquifer ground water is to be obtained from: Owner's well designation ` ' Red" Min '#3. 'GROUND WATER TO BE USED FOR; ( X) HOUSEHOLD USE ONLY • no irrigation (0) 4 -DOMESTIC (1) ( )INDUSTRIAL (5) ►LIVESTOCK (2) ( ) IRRIGATION (6) COMMERCIAL (4) ( ) MUNICIPAL (8) 1 OTHER (9) DETAIL THE USE ON BACK IN (11) 1 (4) DRILLER lame Collins Drilling USdy Tnomas Road Ity Carbondale Colorado (Stat.) Ilephone No. %3-2012 Lie. No. 634 1 :t 81'623 (zip) APPROVED FOR HOUSEHOLD USE ONLY, FOR ON8 (1) SINGLE FAMILY DWELLING AND NOT TO RE USED FOR IRRIGATION. THE RETURN FLOW FROM THE USE OF THIS WELL MUST BE RETURNED TO THE SAME STREAM SYSTEM IN WHICH THE WELD IS LOCATED. (O ASSURE THAT THE RETURN COW RE UIRN .0 TO THE SAME STREAM. SYSTEM, AN INDIVIDUAL WASTE -WATER DISPOSAL SYSTEM,. .WHEN .USEDa MUST BE OF THE 11ON•EVAPORATIz TYPE. APPLICATION APPROVED 122823 DATE ISSUED N O V 0 2 1981. PERMIT NUMBER EXPTION DATE I\OV 0 21983 A551 S Wi t' , (S7QTE ENGIQEER) BYJ I.D. COUNTY 2-t'? 1 1 1 1 1 1 WPJ-5-P.cv. 76 )plication e complete wh' • applicabi TX r print in INK. No overstrit or erasures unl, initialed. COLORAtO DIVISION OF WATER RESOURCES 81B Centennial Rldg., 1313 Sherman St., Denver, Colorado 80203 PERMIT APPLICATION FORM � NX) A PERMIT TO USE GROUND WATER ''� ) A PERMIT TO CONSTRUCT A WELL FOR: ( ) A PERMIT TO INSTALL A PUMP ( ) REPLACEMENT FOR NO. {) OTHER Extend Use of Wel l WATER COURT CASE NO. (1) APPLICAN r - mailing address Paul Alan Froning and Linda c/o !);.u1 Kerst STREET 302 I ighth Street, Suite 310 NAME CITY Glen• clod Springs CO 81601 (State) (ZIP) TELEPHONE Nt (303) 945-2447 (2) LOCATIOI' OF PROPOSED WELL County of G;,i field SW ',!. I the NW ''h, Section 27 Twp. 7 , 88 Rng. _ W IE, W) 'z) WATER USE AND WELL DATA 6th Proposed maxirnu n pumping rate (gpm) 30 IAverage annual a+n,nunt of ground water I 3 to he appropriated (acre-feet): 1 Number of acres 1.1 be irrigated: less Proposed total depth (feet): 530 P.M. than 1 1 Aquifer ground w•,ter is to be obtained from: 11 Owmerswelldesuria0on Red Hill 4#3 GROUND WA I ER TO BE USED FOR: 0 1 HOUSEHOLI> USE ONLY - no irrigation (0NDUSTRIAL (5) ) X) DOMESTIC 111 IRRIGATION (6) LIVESTOCK 12) ( ) ( ► COMMERCI-�L (4) ( ) MUNICIPAL (8) 1 OTHER (9) DETAIL THE I. ISE ON BACK IN (11) F?ILER Collins Drilling 1me Itreet City telephone No. — ''63-2812 r; 0589 Phomas Road Carhuiu1 it e, CO 01623 Lic. No. _1134 (Zlp) x.3.5.51 r ECEI `,f Epi JIJI_ 1. 5 1985 WJ)FR °:.SUt)RCCS ST.IVE - fwd tI.EER c:Jtn. J FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No. Jr 7/ Basin Dist. 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 the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 1) APPROVED PURSUANT TO THE SUBSTITUTE WATER SUPPLY PLAN OF THE BASALT WATER CONSERVANCY DISTRICT FOR THE EXPANDED USE OF A WELL (CON— STRUCTED UNDER PERMIT NO. 122893) TO APPROPRIATE GROUND WATER HYDRAULICALLY CONNECTED TO THE ROARING FORK RIVER. THE APPLICANT'S PREDECESSOR HAS BY AGREEMENT DATED JULY 11, 1985, CONTRACTED WITH THE BASALT WATER CONSERVANCY DISTRICT FOR 1.3 ACRE—FEET OF STORED WATER OWNED AND CONTROLLED BY SAID DISTRICT, WHICH CONTRACT WAS ASSIGNED TO THE APPLICANT BY A "CONSENT TO ASSIGNMENT" DATED SEPTEMBER 9, 1985. 2) THIS WELL SHALL BE OPERATED ONLY WHEN IT IS INCLUDED IN A DECREED AUGMENTATION PLAN OR WHEN THE WATER ALLOTMENT CONTRACT BETWEEN THE AP— PLICANT AND THE DISTRICT IS IN EFFECT. USE OF THE WATER SHALL BE IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID PLAN OR CONTRACT. 3) THE MAXIMUM PUMPING RATE OF THIS WELL SHALL BE LIMITED TO 30 GPM OR THE ACTUAL YIELD OF THE AQUIFER, WHICHEVER IS LESS. — CONTINUED ATTACHED SHEET — APPLICATION APPROVED PERMIT NUMBER DATE ISSUED EXPIRATION DaTE 2935$ -, DEC 091985 [1F r; 0 91986 J. (OLLS, BY EER) (5) THE LOCATION OF THE PROPOSED WELL and the area on vvhich the water will be used on elow. Use the CENTER SECTION (1r section,16410aace ) forltdiagram helocation. cat on. 4�--- 1 MILE, 5280 FEET -a- -E- + ± + + f + NORTH1_ ) NORTH SECTION LINE z z O + v co ± rn z z —rn SOUTH SECTION LINE jf- (6) THE WELL MUST BE LOCATED BELOW by distances from section lines. 1 .500 ft. from north sec. line (north or south) 900 ft. from LOT BLOCK SUBDIVISION west (east or west) sec. line FILING m The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. (7) TRACT ON WHICH WELL WILL BE LOCATED Owner: See Attached 18.58 Vill th', be No. of acres the only well on this tract? Yes (8) I W,P,C75Ii►D CASING PROGRAM Plain asing 6 in. from 0 ft. to 20 ft 4 in. from 7 ft. to 510 ft Perforated casing 4 in from 510 ft. to 530 ft in. from ft. to ft WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLSgivedistance and direction from old well and plans for plugging it: N/A (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s): See Attached Garfield County Legal description• Parcels 1 & 2, Lappala Road 107 Subdivision Exemption, (11) QETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. No. of acres: 18.58 & 12.38 See Attached (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Description of land on which used Parcel 1 above described Type or right Well Well Permit 1Fo ¢ :12289. Used for (purpose) Household Use (13) THE APPLICANT (S ST (S) TH TRUE TO TH HE INFORMATION SET FORTH HEREON IS LEDGE. SIT,NATUR; _0 • •PL IC 1 Ica a i iiti nal <hoatc of nano- if mare snare is rennired. APPLICANT: PAUL ALAN FRONING AND LINDA SINGER WELL PERMIT NO. 2.9 35- fg f CONDITIONS OF APPROVAL, CONTINUED: TTT7 \,r+T:n k.('T% ,\•77,\T \nnnrnnT \'T'rn\T nT.' TTTTC r,*T7T T 1.3 ACRE-FEET. (.TT' T T 7r T T\TTm7n TO 5) THE USE OF GROUND WATER FROM THIS WELL IS LIMITED TO ORDINARY HOUSEHOLD PURPOSES INSIDE NO MORE THAN (3) THREE SINGLE-FAMILY DWELLINGS, FIRE PROTECTION, AND THE IRRIGATION OF UP TO ONE ACRE OF LAWN AND GARDEN. 6) A TOTALIZING FLOW METER MUST BE INSTALLED ON THIS WELL AND DIVERSION RECORDS SHALL BE MAINTAINED BY THE OWNER AND SUBMITTED TO THE DIVISION ENGINEER UPON REQUEST. 7) THE ISSUANCE OF THIS PER`fIT CANCELS PERNIT NO. 122993. Appendix I Engineering Report Sopris Engineering, LLC Engineering Report for Froning Family Subdivision located at Red Hill Area Garfield County, Colorado Prepared for: Jim Carlson, Otak, Inc. 36 North Fourth Street Carbondale, Colorado 81623 SE Job No. 26165.01 SOPRIS ENGINEERING • LLC civil consultants 502 Main Street Suite A-3 - Carbondale Colorado 81623 Phone: (970) 7040311 fax: (970) 704-0313 SE. JOB 26165.01 Froning Subdiv., Sketch Plan August 7, 2006 Page 2 Table of Contents I. General Location and Description II. Assessment - Impact of the Proposed Subdivision III. Subdivision Lots' Access to Public Right of Way IV. Access to Public Utilities SE. JOB 26165.01 Froning Subdiv., Sketch Plan August 7, 2006 Page 3 I. General Location and Description The site is approximately 30.97 acres North of Highway 82, and bonded by the Garfield County Road 107 (CR -107) on the west and surrounded by rural properties. This area is also known as Red Hill. The site is accessed from Highway 82 through County Road 107. The proposed subdivision will remain rural with 5 single-family home sites. This report addresses certain sections of the County's land use codes as explained in the following pages. //. Assessment - Impact of -the Proposed Subdivision Drainage: The entire site and its periphery is composed of relatively steep juniper/pinion forests, which slope toward the south and then east and west. Natural storm water collects in the existing depressions and downward. The surface runoff in the west half of the subdivision flows toward the CR -107, and the east half flows form an overland flow patterns toward the low laying areas. We have not observed any lakes or ponds in the vicinity of the project. Actual storm water and snowmelt volumes from offsite will be minor, however, all flows will be routed to follow historic drainage paths. The proposed family lots in the subdivision will not significantly increase the drainage. The drainage path in this area is undefined with much of the drainage going into localized depressions. The proposed drainage in this area will utilize vegetative swales to collect and treat the drainage and maintain the rural setting. Erosion and Sediment transport Control: Several measures for soil erosion activities relative to site development practices will be proposed for this site that should be reflected in the future site designs. Because of the topographical challenges within the areas surrounding this property, only certain best management practice (BMP) categories will apply to this site. These categories are primarily grouped for two stages of the development; Construction phase and Post -development phase with the main emphasis on soil erosion and sediment transport. These soil erosion activities are usually triggered by wind forces as airborne particles that are also known as fugitive dust, and surface runoff erosions transporting sediments. It is our opinion that applicable BMPs would function adequately if maintained and operated properly. The proposed development will have very little impact on the historical drainage patterns; and all storm water will continue to be directed to its natural courses. It is our opinion, therefore, that there are no significant subdivision impacts on the streams and topography of the site. SE. JOB 26165.01 Froning Subdiv., Sketch Plan August 7, 2006 Page 4 111. Subdivision Lots' Access to a Public Right of Way The existing residential dwellings are connected to CR -107 through a 20' wide, and adequately maintained; gravel surfaced access road. The existing road will be redesigned to include an adequate turning radius and a flatter approach to CR -107. Access to State Highway 82 is provided from the CR -107 through an existing four-way signalized intersection. Internal Subdivision Road Alignment: This common access road will be designed and maintained to meet the Fire Department standards for width and access to improvements or structures. The main access to the proposed subdivision will be accommodated via a full movement intersection at the existing stop light at CR -107 and Highway 82. A proposed road alignment for the subdivision is attached to this report and will establish a basis for a safer and compliant access design. A 30 -foot wide road easement designation is indicated in the subdivision plat prepared by Lines In Space surveying company, dated December 10, 2003. IV. Access to Public Utilities Electricity and telephone lines have already been extended to the site. There is no natural gas line available to the site and all lots will be served by an on-site, individual propane tank, as is for all rural areas. Other sources for utilities will be water through an on-site well and septic flows through an on-site wastewater treatment system. SE. JOB 26165.01 Froning Subdiv., Sketch Plan August 7, 2006 Page 5 VIII. Proposed Roadway Re -alignment Plan Froning Sketch Plan -1 Appendix J Access Road Horizontal Realignment Plan Sopris Engineering, LLC 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Appendix K Proposed Development Plan Otak, Inc. Appendix L Radiation Hazard Report HP Geotech Gtech HEPWORTH - PAWLAK GEOTECHNICAL July 11, 2006 Paul Froning P.O. Box 454 Carbondale, Colorado 81623 Hepworth-Pawlak Geotechnical, Inc. 5020 County Road 154 Glenwood Springs, Colorado 81601 Phone: 970-945-7988 Fax: 970-945-8454 email: hpgeo@hpgeotech.com Job No. 106 0618 Subject: Radiation Potential, Proposed Froning 107 Road Subdivision Exemption, County Road 107, Garfield County, Colorado. Dear Mr. Froning: As requested by Jim Carlson with Otak, we have performed a cursory site reconnaissance and reviewed geologic information in the area with respect to radiation potential. We understand that the radiation potential of the project site is required for the sketch plan application. Our services were performed in accordance with our agreement for geotechnical services to Paul Froning dated June 23, 2006. The site was vacant at the time of our site visit on July 11, 2006 and is located about 0.4 miles up County Road 107 from the intersection of Highways 82 and 133, north of Carbondale. County Road 107 borders the property on the west. A rough graded road enters at the southwest corner of the site and proceeds north through the middle of the property. The ground surface is irregular with an overall slope down to the south. Vegetation consists mainly of pinon and juniper forest with sage brush in a small open area at the south side. Sandstone outcrops of the Maroon Formation are visible along the portion of County Road 107 adjacent to the property and at the ground surface in the north part. The project site is not in a geologic setting that would indicate high concentrations of radioactive -minerals in the near surfacesoils and formation rock. However, there is a potential that radon gas could be present in the area. It is difficult to detect radon gas in open areas before buildings are constructed. Testing for radon gas levels could be done when the residences and other occupied structures have been completed. New buildings are often designed with provisions for ventilation of lower enclosed areas should post construction testing show unacceptable radon gas concentrations. If you have any questions or need further assistance, please call our office. Sincerely, HEPWORTH — PAWL Trevor L. Knell, P.E. Rev. by: SLP TLK/vad cc: Otak — Attn: Jim Carlson Parker 303-841-7119 • Colorado Springs 719-633-5562 • Silverthome 970-468-1989 Appendix M Soil Interpretation Tables S.C.S. 1 111 spen-Gypsum Area, Colorado TABLE 10. --BUILDING SITE DEVELOPMENT --Continued 193 1 Soil name and map symbol Shallow excavations Dwellings without basements Dwellings with basements Small commercial buildings Local roads Lawns and and streets landscaping 22*: 1irecant i ;ghes 124 shool 25*: Cushool ilentsac 1: Dahlquist Iuthace 28*: Dahlquist 1 Southace 1 *, 30*: llard Severe: cutbanks cave, slope. Ick outcrop. 11 Dotsero 11 otsero Severe: slope. Severe: slope. Severe: slope. lfsman IIck outcrop. 1 Severe: depth to rock, Slope. Severe: cutbanks cave, large stones. Severe: cutbanks cave, large stones. Severe: cutbanks cave, large stones, slope. Severe: cutbanks cave, large stones, slope. Severe: slope. Severe: slope. Slight Severe: slope. Severe: shrink -swell, slope. Severe: slope. Severe: depth to rock, slope. See footnote at end of table. Severe: slope. Severe: slope, depth to rock. Severe: large stones. Severe: large stones. Severe: slope, large stones. Severe: slope, large stones. Severe: shrink -swell, slope. Severe: slope. Slight Severe: slope. Severe: slope, shrink -swell. Severe: slope, depth to rock. Severe: slope. Severe: slope. Severe: depth to rock, slope. Severe: large stones. Severe: large stones. Severe: slope, large stones. Severe: slope, large stones. Severe: slope, shrink -swell., Severe: slope. Slight Severe: slope. Severe: shrink -swell, slope. Severe: slope. Severe: depth to rock, slope. Severe: slope. Severe: slope, depth to rock. Severe: slope, large stones. Severe: slope, large stones. Severe: slope, large stones. Severe: slope, large stones. Severe: shrink -swell, slope. Severe: slope. Moderate: slope. Severe: slope. Severe: shrink -swell, low strength, slope. Severe: slope. Severe: slope, depth to rock. Severe: slope. Severe: depth to rock, slope. Severe: large stones. Severe: large stones. Severe: slope, large stones. Severe: slope, large stones. Severe: low strength, slope, shrink -swell. Severe: slope. Moderate: frost action. Severe: large stones, slope. Severe: slope. Severe: slope. Severe: depth to rock, slope. Severe: slope. Severe: slope, depth to rock. Severe: droughty. Severe: large stones, droughty. Severe: droughty, slope. Severe: large stones, droughty, slope. Severe: slope. Severe: slope. Moderate: droughty. Severe: droughty, slope. 194 Soil Survey TABLE 10. --BUILDING SITE DEVELOPMENT --Continued Soil name and map symbol Shallow excavations Dwellings without basements Dwellings with basements Small commercial buildings Local roads and streets ' Lawns and landscaping 34 Empedrado 35 Empedrado 36 Empedrado 37 Etoe 38 Evanston 39, 40, 41 Evanston 42* Fluvaquents'" 43*: Forelle Brownsto 44*: Forelle Brownsto 45 Forsey 46, 47 Forsey 48 Fughes 49 Goslin 50 Goslin Slight Moderate: slope. Severe: slope. Severe: slope. Slight Severe: slope. Severe: cutbanks cave, wetness. Moderate: slope. Severe: cutbanks cave. Severe: slope. Severe: cutbanks cave, slope. Moderate: large stones. Severe: slope. Moderate: -too clayey. Slight Severe: slope. See footnote at end of table. Slight Moderate: slope. Severe: slope. Severe: slope. Slight Severe: slope. Severe: flooding, wetness. Moderate: slope. Moderate: slope. Severe: slope. Severe: slope. Moderate: large stones. Severe: slope. Severe: shrink -swell. Slight Severe: slope. Slight Moderate: slope. Severe: slope. Severe: slope. Slight Severe: slope. Severe: flooding, wetness. Moderate: slope. Moderate: slope. Severe: slope. Severe: slope. Moderate: large stones. Severe: slope. Severe: shrink -swell. Slight Severe: slope. Moderate: slope. Severe: slope. Severe: slope. Severe: slope. Slight Severe: slope. Severe: flooding, wetness. Severe: slope. Severe: slope. Severe: slope. Severe: slope. Moderate: slope, large stones. Severe: slope. Severe: shrink -swell. Moderate: slope. Severe: slope. Moderate: frost action. Moderate: slope, frost action. Severe: slope. Severe: slope. Slight Severe: slope. Severe: wetness, flooding, frost action. Moderate: slope. Moderate: slope. Severe: slope. Severe: . slope. Moderate: frost action, large stones. Severe: slope. Severe: shrink -swell, low strength. Slight Severe: slope. Moderate: large stones. Moderate: large stones, slope. Severe: slope. Severe: slope. Slight. Severe: slope. Severe: wetness. Moderate: large stones, slope. Moderate: small stones, droughty, slope. Severe: slope. Severe: slope. Severe: large stones. Severe: large stones, slope. Moderate: large stones. Slight. Severe: slope. Appendix N Letters from Froning Neighbors September 8, 2006 Paul Fronning P. 0. Box 545 Carbondale, Co. 81623 Paul Fronning and To Whom It May Concern: We have reviewed your proposed road and property changes and feel it will be of benefit to ourselves and our close neighbors, as well. Thanks Paul for consulting us even though the road is yours and we only have an easement. If we can help you in any way, please let us know. Kindest Regards, Mark and Dolly Baker 0186 Hilltop Lane Carbondale, Co. 81623 963-2195 August 30, 2006 Paul Froning County Road 107 Carbondale, CO 81623 Dear Paul: Re: Froning Subdivision Thank you for showing me the future plans you have for your subdivision, which connects to my property and concerns our access road. I am pleased that you have worked hard to ensure as small as possible exposure and environmental concerns as well as keeping lot sizes to a minimum of 5 acres. I would appreciate any updates as you continue your process. cerely, JoAnn Stephenson 0120 Hilltop Lane Carbondale, CO 81623 n 2855 TILDEN STREET NW WASHINGTON, DC 20008 . ,c C '� ✓1 St a l), S. 9 7 �V vw Ric Quisenberry P. O. Box 626 Carbondale, CO 81623 (970) 963-2332 (970) 963-9202 fax (970) 379-2072 cell ric@sopris.net August 31, 2006 To: Garfield County Planners Re: Froning Subdivision My family lives adjacent to the Froning property on the north side. Paul Froning has explained in detail to us what he would like to do with his property and we have no objection to his plan. We in fact considered joining with Paul in the subdivision process so we could split our eleven acres. I think 5 acres is an appropriate size for a lot in this area and I know Paul will try to minimize the impact to his neighbors. Respectfully submitted, Ric Quisenerry 0782 County Road 107 PO Box 626 Carbondale, CO 81623 02 (970) 963-8021, (970) 618-6737 RE: Red Hill Land Subdivision CIO Paul Froning PO Box 545 Carbondale, CO 81623 September 10th, 2006 To who it may concern: As a resident of Carbondale for the past thirteen years, and present home owner in the Red Hill Sub -division with almost nine acres, I am very much concerned with the expansion and growth of our neighborhood. Carbondale is experiencing a major residential boom in 2006 and a strategically comprehensive growth plan must be implemented in order to accommodate the demand for housing. I feel that Mr. Froning's planto sub -divide 4 additional building lots is a great idea for the sub division as well as the town of Carbondale. The area of interest is presently desolate and not being used to its best potential. New home sites would add attractive landscapes and quality homes providing that acceptable covenants would be enforced. I would like to strongly support Paul Froning in the sub -dividing of four home sites on Red Hill and encourage Garfield County to approve his proposed plan. If you have any further questions please do not hesitate contacting me. Thank you, inrny Nadel! V III ems IIII ow NE 111 mu 1111 ow am me am um 1� 1 1 am ._- • .``...-�.�• \‘‘‘S‘ \\:`� ` ```. `\ \\`` �`�\`/�` \�`.\\``�..�`��.`�```�``��``` ���` ``` \``./ �.` � \ `\ `\� � ' `‘``�```` \•`)````\``\`•````,` \)\\``\\`````'- . ` `` ```` ` _ ``� � PI � rn 8 ^~,.G0 a �'11c�QQ1 2. 2,. O mg@no� 0� \ 8�Q*: — / ° - � ` s1� ` A EXISTING PARCEL ROUND u.��2� ` �/ - /' 2 ' ��'g � 4/ ' // , �° 0 `\ / '/// / ' /\ ^'�E�` » ' 1� `. .! /' /1'v ^0*' -- nam! ~ ``'\, /` ' 2 2 '''/� r, . '1.--..����� ''\� ' � ---`P//r~~� / ` = ml � ` . `� ` '''' ' .�� ' * `:8 /: �/ ��� ' �~ �� ` ``. %'t8 n / //���'/�o !` 1 � I .t 0 `• ��n�/, y ~ '.- -- \ � /�`/ . � `� �u |1 ,)` �og�'.''' 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'/ \ i i'`1�\ \ \ | 1 || |'''� `��' �` 1 \� `\ 1 \ \ ,' ''''''//' '� � � '`''�'' / / '''� /'''�:'' '/ /-/- `` ..;,.\-:\\:::'\,,`\�,`\,1`\.\``\\.\\``' ` \` 1 ``\\` ` `````\````� ``\\| `|``| \'/ 1`||' \/| � ` ___/__- -__L_-:___ / /.--`r���� �- L�—�-- L- +— L_ —`� ` ���` ` ` ` \+.� . � ( _' /| 1 �� ` ` ` 1 � � ``````` | � ' `1� ' ° ~ n * w 001* ` 15' ` \ \ \ ' ' \ �\� . !� ` ` •,\^- . � � . `\/ ' ` . . ' | |/ w) ENWOOD S RINGS�X G) m DI T> nm rn r i 0 Dip c 0'Z O Zi - < 1 cif FRONING PROPERTY NMI CABON, S L V": EL JEBEL PITKIN COUNTY Legend CountyRoads Parcel Highways County Line i Froning Property Exhibit 1 - Vicinity Map Froning Property Sketch Plan 0 1 2 4 Miles this nap was produced with Garfield County and Eagle County GIS information. GIS and 05 components are designed as a source of reference for answering Suedes, modeling and planning GIS Is note substitute for oelael government records rraintained by the Planning Department, the county Geri and Recorders Office, the Assessors Office or for any legaldescagtion The Representation of geagraph c locators by the GIS may nal be substituted for actual legal surveys. This mbmaban was developed at multiple scales and eau rases Garfield County, Eagle County or Otak, Inc cannot accept responsibiMy ler mors onnssans, or positional accuracy There are no warranties. expressed or implied \ F1RONING POOPERTY Legend .5 Mile Buffer Trails Froning Property Sketch Plan Exhibit 2 - Existing Features Map — — Railroads Highways Power Lines BLM Land _! Froning Property Private Land County Roads 0 0.1 0.2 0.4 Miles TNs rrep was produced with Garfield County and Eagle County GIS information. GIS and as mmponerIs are designed as a source of reference for answering Queries, modeling and planning GIS is not a substitute tor official government mmrds naintained by be Planrnrrg Department, the County ClerM and Recoiders aft, the Assesads afire or tor any legal desorption. me Representation of geographic locations by the GIS may not be substituted for actual legal surreys. nes information was developed at multiple scales and accuracies G.Aeld County, Eagle County or Otek. Inc cannot acct responsbllty for errors, omissions, or posbcnal e¢uracy There are no warranties, expressed orimplied PARCEL 2 12.39 Acres 0•.0 vosso %owe PARCEL 1 18.5 Acres Legend Froning Property County Roads BLM Land Private Land MIN MI= I Exhibit 3 - Existing Conditions Map Froning Property Sketch Plan Existing Parcels Existing Road Easements Existing Structures 0 0.02 contour2 0.04 0.08 Miles This nap was produced wM Garfield County GIS nbrmeton The contours were generated hood a 11SGS Quad GIS and its components ere des.gned as a source of reference for answering queries, modeling end pbnrvng. GIS es not a eubeflule 10, orapal government records meinfened by the Planning Department, the County Cbrk and Recorders Office, the Assessor's Office or for any legal desclllon. The Representabm of geographic locations by the GIS may not be subsfibfed for actual legal surveys. This information was developed at mutiple scabs and accornces. Garfield County or Gel, Inc cannot accept respnsobry for errors, omissions, or posbmal accuracy There are no ...mirages, expressed or Implied. FRONING PROPERTY , ° t ring-- CARB. DALE Legend _! Froning Property EIk Severe Winter Exhibit 4 - EIk Habitat Froning Property Sketch Plan County Roads EIk Winter Range Trails BLM Land Highways Private Land 0 0.05 0.1 0.2 Miles This nap was produced wM Garfield County and Eagle County GIS infix meton GIS and its components are designed as a source of reference for answenng Queues, modeling and planning GIS is not a substttute for official govemment records mmMalned by the Planning Department the County Clerk and Recorders Office, the Assessor's Office or M any legal descrpeon. The Repesentaaon of geographic locators by the GIS ney nal be substituted for actual legal surveys This abmetion was developed at multiple scales end aoalraaes Garfield County, Eagie County or oak, Inc cannot accept respon iblltly ter mors, anisswns, or positional accuracy Theta era no warranties, expressed or Implied. FRONING PROPERTY Ro CARBO DALE • n g Legend Froning Property County Roads Trails Exhibit 5 - Mule Deer Habitat Highways Froning Property Sketch Plan Mule Deer Severe Winter Mule Deer Summer Range Mule Deer Winter Range 0 0.05 0.1 02 Miles This nap was produced wM Garfield County GIS mrormatan The contours were generated from a USGS quad. GIS and 1components are desgned as a source of reference for anss ne wering queries, modeling and planning GIS rs not a substituk for ofi government records maintained by the Planning Department, the county Clerk and Recorders Ofize the Assessors office or kr any legal description The Representation of geographic locations by the GIS may not be substibted for actual legal surveys. This aformatan was developed at multiple stales and accurages Garfield County or otak, Inc cannot accept responsibirty lur errors, omissans, or positional eccure s . There are no n waentres, expressed or Implied FRONING PROPERTY CARB• DALE Legend Exhibit 6 - Bald Eagle Froning Property Sketch Plan Froning Property Bald Eagle Winter Forage County Roads Bald Eagle Winter Range Trails BLM Land Highways Private Land 0 0.05 0.1 0.2 Miles This map was produced wth Garfield county GIS mrormaton The contours were generated from a US. quad GS and its components are designed as a source of reference tor answering quartos, nndeleng and planning. GIS is not a subsNute lot olfienal government records maintained by the Plannnng Department, the county Clark and Recorders Office, the Assessor's office or for any legal desGllpeon. The Represertadon of geographic kncalions by the GIS may not be subseWbe for aUual legal surveys this information MI6 developed at mutate sm. end accuracies Garfield County or OInc e cannot +crept nesponslbity for errors, o osworrrs, or posConal accuracy There are no warrantss e_rpressee or enpued 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 FRONING PROPERTY CARB.'DALE ing &o° Legend Lj Froning Property Highways Froning Property Sketch Plan Exhibit 7 - Geological Constraints County Roads High Water Table Trails Major Slope Hazard BLM Land Private Land 0 0.05 0.1 0.2 Miles Th rrep was produced woo Garfield County GIS information GIS and its components are designed as a source of reference far answenrg quarts, modeling a. planning GIS Is nota substitutator official government records rreintained by the Planning Department, tM1a County Clerk and Recorders Otbce the Assessoys Office or for any legal destxpeon. The Representation of geographicrrs by fhe GIS may not he subssubstitutedsunt/ed for actual legal surveys This infomwhon was cc developed at multiple scales and aumees. Garfield County, Eagle county or Otax, Inc cannot accept responsibility for errors omissions,omosions, or positional accuracy There are no warranties, expressed or implied CR 107 Legend County Roads 33 - Earsman-Rock outcrop complex Highways 34 - Empedrado loam L____I Froning Property 98 - Southace Cobbly Sandy Loam 104 - Torriorthents-Camborthids-Rosk Outcrop Complex 34 104 FRONING PROPERTY Exhibit 8 - Soil Types Froning Property Sketch Plan 0 0.03 0.06 0.12 Miles ibis nap was produced wM Garfield County GIS tMormabon. GIS andds someone. are degned as source of reference for answering queries, modeling and planning GIS Is nota subset. tor ofiaal government records maintained by the Planning Department, he County Clerk and Recoaters Once, the Assessors Office or lex any legal desorpaon The Representation of geogrephe !oceans by Me GIS may not be subsMNed for actual legal surveys. This nhtmebon was developed et multiple sealer and accureaes. Garfield County. Eagle County or oak, tnc cannot accept responslbiilylir errors, iss omns, or posmnnal accuracy Thera ere no wanannes, expressed or implied 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Exhibit 9 - Existing Vegetation Legend Froning Property Sketch Plan County Roads Highways Trails Vegetation Types L____ I Froning Property Colorado Plateau Pinyon -Juniper Woodland Inter -Mountain Basins Big Sagebrush Shrubland 0 0.02 0.04 0.08 — Miles This map was produced with Garfield County GIS information GIS and Is components are designee as a source of reference for answering guenes, modeling are planning GIS rs nota substitute for ofiaal government records maintained by the Rennerg Depanrtcnl, the County Clark are Recorders Office, the Assessals office or for any legal desorption The Representation of geographic locations by the GIS may not be substeuad for actual legal surveys This information was developed at multiple scales and accuracies. Garfield Caunly, Eagle County or oak. Inc canna accept respansiblloy far errors, omrssrons. or posiionalaccumcy There are no warranties, expressed or implied 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CR 107 FRONING PROPERTY Legend County Roads Highways LI Froning Property Agricultural Residential Rural Open Space Exhibit 10 - Zoning Froning Property Sketch Plan 0 0.0375 0.075 0.15 Miles This nap was produced with Garfield County GIS information GIS and its components are designed as a source of reference for answering quer. modeling and planning GIS is nota substitute officialocial government records maintained by the Planning Department, the County Clerk and Recorders Office. the Assessors Office or tot any legal desorption The Repesenbuon of geographic locators by the GIS may not be substauted for actual legal surveys. This nbmraaon was developed at multiple scales andcaracies Garfield County, Eagle County or Olak. Inc cannot accept mspomldlrty for errors, asserts, or positional accuracy. There are no warranties. expressed or implied Legend [1:11 Froning Property Slope Analysis -"� County Roads Ca 0%- 15% 15%-20% 1-11 20% - 30% 1-130%-40% Z_..._.... 40%+ Exhibit 11 - Slope Analysis Froning Property Sketch Plan 0 0.02 0.04 0.08 Miles This nsm was produced with Garfield County GIS nfornratren the contours were generated from a USGS quad. GIS and its components are designed as a source of reference far answering quenes, moda'ing and planning GIS re not a sub:Nute M ortroat government records mrente red by the Planrsng Department, the County Clerk and Recorders Oflte, the Assessds Office or for any legal desorption The Represenbton of geographic locations by the GIS may not da subsmlrfed lar actual legal surveys This reformation was developed at multiple scales andaavraaes. Garfield County, Eagle County or Olek, Inc cannot accept msponsidMy for errors, omissions, or positional accuracy There are no warranties, expressed or implied 8.76 Acres 5.53 Acres 5.03 Acres 11.3 Acres 5.07 Acres 4.08 Acres CARBONDALE 12.39 Acres ging F FRONING PROPERTY 18.58 Acres R rkiver 2.37 Acres 2.06 Acres 2.33 Acres Legend County Roads Highways Trails Agricultural Residential Rural Lj Froning Property Open/Space 0 Exhibit 12 - Comprehensive Plan Froning Property Sketch Plan 0.05 0.1 0.2 Miles This trey was produced with Garfied County GIS information. GIS and its components are designed as a sm.. of reference for answering queries, modeling and Panning. GIS Is mol a subsflule for official government records maintained by he Planning Department, the Corny Clerk and Recorders CR e, the Assessor's Office or for any legal description. The Reyresenbfim of geographic Iccations by he GIS may not be substituad for actual legal surveys. This inbrmallon was developed al multiple scales and accuracies. Garfield Cony, Eagle County «Oleo. Inc word accept responsibility for errors, ontlgsjons, or {naN«vl accuracy. There as no warranties. IV aiyressed «Implletl. / ii Lot 3 ; i ! '5.007 Acres . � i i i i ti "'` 01=M 10111 0.1•11•1411n Lot 2 5.03 Acres i� aro' _' ,J t` •ae • ! ii I'"% ,�, ` ,v �i I7 ./ ,''% 7i ,..... Lot 5 5.023 Acres i 1 1 1 1 1 1 1 Lot 1 10.89 Acres • es i 1 Lot 4 5.003 Acres '.• �.,` i Exhibit 13 - Site Plan Legend Froning Property Sketch Plan County Roads L_ -_i Building Envelopes Existing Road Easements ---- roads ---- Existing Structures —„'—„, propline 0 0.015 0.03 0.06 5 Foot Contours Trail Easement Miles This map was produced wit Garfield County GIS nfartaton. The contours were generated frau a USGS quad GS and its veymerts are designed as a source of reference fa answenrg reran., modeling and planning GS is not e subsNub for official government records mactabed by the Planning Department, the County Clerk and Recorders Office, the Assessor's Once or for any legal desa peon. The Representation of geographic bmtions by the GIS may not be substituted for actual legal surveys This information was developed at muliple swift and accuracies Garfield County Of Otak Inc cannot accept rasponsrbirty for errors, omissions, or positional accuracy. There are no warranties, expressed or implied