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4.0 Correspondence & COA's
Glenn Hartmann From: Robert Donnelly [rdonneily©pinnaclewater.corn] Sent: Friday, June 21, 2013 5:15 PM To: Glenn Hartmann Cc: 'Roger B. Eshelman' Subject: FW: Roger Eshelman water report Attachments: Eshelman, Roger -Final Report.pdf; Eshelman, Roger-ACZ Lab Certification.pdf Glen Hartman, attached is a revised report which lists "CDPHE's Deluxe Colorado Package" on the cover sheet of the ACZ lab report Below are answers to your other questions in red from the Lab From: Sue Webber / ACZ Labs Hi Sue, I have received a few requests from Glen Hartmann with Garfield County regarding the Eshelman report. 1. Can you state on the report The water quality is acceptable and meets the State of Colorado standards for parameters tested — We do not consult on water quality or access water quality per our insurance policy. This would be something you need to access and add to your report. We analyze samples from all over the world and do not keep track of individual state acceptance criteria. 2. Can you note where any exceptions were made or if there weren't any can you delete "except as noted" based on this paragraph: a. Except as noted, the test results for the methods and parameters listed on ACZ's current NELAC certificate letter {#ACZ) meet all requirements of NELAC. Our NELAC certificate is attached. No methods were used that were not NELAC certified as noted on page 14 of your report. 3. Can you explain or define who/what AOL and NELAC are NELAC or NELAP is an attempt to qualify environmental labs under the same standards nation-wide. It is a very stringent certification process. ACIL is a laboratory website listing quality labs, We are listed. Regarding #1, !didn't think they would comment on this. You simply need to forward the test results to the Colorado Dept. of Public Health and Environment (CDPHE) for their review to confirm all parameters tested satisfactorily. Bob Donnelly Thank you, Bob Donnelly / Pres. Pinnacle Water Inc. / DBA Culligan 1107 Hendrick Drive Carbondale, CO 81623 P- 970-963-2273 x-11 C- 970-379-5265 F- 970-963-0131 rcion nel lypi n n ac lewater. cam This electronic mail transmission and any attachments are conridEr'lial and may be privileged They should be read or retained only by the intended recipient. If you have received this transmission in error please notify the sender immediately and delete the transmmssron from your system ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Report to: Robert Donnelly Pinnacle Water Inc. 1107 Hendrick Dr Carbondale, CO 81623 Project ID: ACZ Project ID: L11434 Robert Donnelly: Revised Analytical Report Bill to: Robert Donnelly Pinnacle Water Inc. 1107 Hendrick Dr Carbondale, CO 81623 June 21. 2013 Enclosed are revised analytical results for sample(s) submitted to ACZ Laboratories, Inc. (ACZ) on April 04, 2013 and originally reported on April 22, 2013. Refer to the case narrative for an explanation of the changes. This project was assigned to ACZ's project number, L11434. Please reference this number in all future inquiries. All analyses were performed according to ACZ's Quality Assurance Plan. The enclosed results relate only to the samples received under L11434, Each section of this report has been reviewed and approved by the appropriate Laboratory Supervisor, or a qualified substitute. Except as noted, the test results for the methods and parameters listed on ACZ's current NELAC certificate letter (#ACZ) meet all requirements of NELAC. This report shall be used or copied only in its entirety. ACZ is not responsible for the consequences arising from the use of a partial report, All samples and sub -samples associated with this project will be disposed of after May 22, 2013. If the samples are determined to be hazardous, additional charges apply for disposal (typically less than $10/sample). If you would like the samples to be held longer than ACZ's stated policy or to be returned, please contact your Project Manager or Customer Service Representative for further details and associated costs. ACZ retains analytical reports for five years. If you have any questions or other needs, please contact your Project Manager, Sue Webber has reviewed end approved this report ACI R EPAD.01.06.05.02 Page 1 of 17 ADZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Pinnacle Water Inc. Project ID: ACZ Project ID: L11434 Case Narrative June 21, 2013 Sample Receipt ACZ Laboratories, Inc. (ACZ) received 1 ground water sample from Pinnacle Water Inc. on April 4, 2013. The sample was received in good condition. Upon receipt, the sample custodian removed the sample from the cooler, inspected the contents, and logged the sample into ACZ's computerized Laboratory Information Management System (LIMS). The sample was assigned ACZ LIMS project number L11434. The custodian verified the sample information entered into the computer against the chain of custody (COC) forms and sample bottle labels. Holding Times All analyses were performed within EPA recommended holding times. Sample Analysis This sample was analyzed for inorganic, radiochemistry parameters. The individual methods are referenced on both, the ACZ invoice and the analytical reports. This report was revised on 06121113 to include the following statement: This report reflects the parameters in'Icuded in the"CDPHE?s Deluxe Colorado Package", excluding coliform bacteria. REPAD.03.06.05.01 Page 2 of 17 ADZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs. CO 80487 (800) 334-5493 Pinnacle Water Inc. Project ID: Sample ID: ESHELMAN Inorganic Analytical Results ACZ Sample ID: Date Sampled: Date Received: Sample Matrix: L 11434-01 04/02/13 10:35 04/04/13 Ground Water Field Data Parameter EPA Method Result Goal XO Units MDL PQL Date Analyst pH (Field) Temperature (Field) Inorganic Prep Field Measurement Field Measurement 7.7 14.4 units C 04/02/13 10:35 04/02/13 10:35 rd rd Parameter EPA Method Result Oual XO Units MDL PQL Date Analyst Total Recoverable Digestion Total Recoverable Digestion Metals Analysis M200.2 ICP M200.2 ICP -MS 04/12/13 10:17 aeb 04/08/13 16:24 las Parameter EPA Method Result Oual X0 Units MDL PQL Date Analyst Arsenic, total recoverable Cadmium, total recoverable Calcium, dissolved Copper, total recoverable Iron, total recoverable Lead, total recoverable Magnesium, dissolved Manganese, total recoverable Sodium, dissolved Uranium, total recoverable Zinc, total recoverable M200.8 ICP -MS M200.8 ICP -MS M200.7 ICP M200.7 ICP M200.7 ICP M200.8 ICP -MS M200.7 ICP M200.7 ICP M200.7 ICP M200.8 CP -MS M200.7 ICP 0.0016 34.9 0.01 0.0006 27.3 19.2 0.0076 mg/L 0.0002 0.001 04/10/13 5:05 pmc U mg/L 0.0001 0,0005 04/10/13 5:05 pmc 8 U mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L 0.2 1 04/15/13 14:46 aeb 0.01 0.05 04/15/13 18:02 aeb 0.02 0.0001 0.2 0.005 0.05 0.0005 1 0.03 04/15/13 18:02 04/10/13 5:05 04/15/13 14:46 04/15/13 18:02 0.3 2 04/15/13 23:31 0.0001 0.0005 04/10/13 5:05 0.02 B mg/L 0.01 0.05 aeb pmc aeb aeb jlc pmc 04/15/13 18:02 aeb REPIN.02.06.05.01 • Please refer to Qualifier Reports for details. Page 3 of 17 ,PCZ Laboratories, Inc. 2773 Downhill Dave Steamboat Springs, GO 80487 (800) 334-5493 Pinnacle Water Inc. Project ID: Sample ID: ESHELMAN ACZ Sample ID: Date Sampled: Date Received: Sample Matrix: L11434-01 04/02/13 10.'35 04/04/13 Ground Water Wet Chemistry Parameter Alkalinity as CaCO3 Bicarbonate as CaCO3 Carbonate as CaCO3 Hydroxide as CaCO3 Total Alkalinity Chloride Conductivity @25C Corrosivity (talc.) Fluoride Hardness as CaCO3 Lab Filtration (0.45um) & Acidification Lab Filtration (glass fiber filter) Nitrate/Nitrite as N pH (lab) pH pH measured at Residue, Filterable (TDS) @180C Sodium Adsorption Ratio in Water Sulfate EPA Method SM2320B - Titration SM4500CI-E SM2510B SM 2330 - CaCO3 SI SM4500F-C SM2340B - Calculation M200,7/200.8 SOP WC050 M353.2 - H2SO4 preserved SM4500H+ B SM2540C USGS - 11738-78 0516-02 - Turbidimetric Result Quad XO Units MDL POL. Date Analyst 191 mg/L 2 20 04/10/13 0:00 7 B mg/L U mg/L 199 mg/L 7 mg/L 448 umhos/cm -0.1 SI Unit 0.7 mg/L 199 mg/L Ijr 2 20 04/10/13 0:00 Ijr 2 20 04/10/13 0:00 Ijr 2 20 04/10/13 0:00 jrI 1 5 04118/13 9:43 bsu 1 10 04/10/13 20:37 Ijr 04/22/13 12:23 calc 0.1 0.5 04/17/13 12:50 Ijr 1 7 04/22/13 12:23 calc 04/12/13 16:30 las 0.86 mg/L 0.02 0.1 8.4 H units 0.1 0.1 20.0 C 0.1 0.1 270 mg/L 10 20 04/05/13 14:37 las 04/18/13 23:22 pjb 04/10/13 0:00 04/10/13 0:00 04/05/13 16:53 Ijr ljr Ijr 0.6 0.03 0,15 04/22/13 12:23 calc 29 mg/L 1 5 04/17/13 12:41 Ihb REP1N.02.06.05.01 ` Please refer to Qualifier Reports for details. Page 4 of 17 ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Sponge, CO 80487 (800) 334-5493 Inorganic Reference Report Header Explanations Batch Found Lott Lower MDL PCN/SCN PQL QC Rec RPD Upper Sample A distinct set of samples analyzed at a specific time Value of the QC Type of interest Upper limit for RPD, in % Lower Recovery Limit, in % (except for LCSS, mg/Kg) Method Detection Limit. Same as Minimum Reporting Limit, Allows for instrument and annual fluctuations. A number assigned to reagents/standards to trace to the manufacturer's certificate of analysis Practical Quantitation Limit, typically 5 times the MOL. True Value of the Control Sample or the amount added to the Spike Recovered amount of the true value or spike added, in % (except for LCSS, mg/Kg) Relative Percent Difference, calculation used for Duplicate QC Types Upper Recovery Limit, in % (except for LCSS, mg/Kg) Value of the Sample of interest QC Sample Types. AS ASO CCB CCV DUP !CB /CV ICSAB LCSS LCSSD LCSW Analytical Spike (Post Digestion) Analytical Spike (Post Digestion) Duplicate Continuing Calibration Blank Continuing Calibration Verification standard Sample Duplicate Initial Calibration Blank Initial Calibration Verification standard Inter -element Correction Standard - A plus t3 sotulons Laboratory Control Sample - Soil Laboratory Control Sample - Sail Duplicate Laboratory Control Sample - Water L CS WD LFB LFM LFMD LRB MS MSO PB5 PBW PQV SOL Laboratory Control Sample - Water Duplicate Laboratory Fortified Blank Laboratory Fortified Matrix Laboratory Fortified Matrix Duplicate Laboratory Reagent Blank Matrix Spike Matrix Spike Duplicate Prep Blank - Soil Prep Blank - Water Practical Quantitation Verification standard Serial Dilution QC Sample Type Explanations Blanks Control Samples Duplicates Spikes/Fortified Matrix Standard Verifies that there is no or minimal contamination in the prep method or calibration procedure. Verifies the accuracy of the method, including the prep procedure. Verifies the precision of the instrument and/or method. Determines sample matrix interferences. if any. Verifies the validity of the calibration. ACZ Qualifiers (Oval) B Analyte concentration detected at a value between MDL and PQL. The associated value is an estimated quantity. H Analysis exceeded method hoed time. pH is a field test with an immediate hold time. L Target analyte response was below the laboratory defined negative threshold. U The material was analyzed for, but was not detected above the level of the associated value. The associated value is either the sample quantitation limit or Ute sample detection limit. Method References (1) (2) (3) (4) (5) Comments (1) (2) (3) (4) (5) EPA 600/4-83-020. Methods for Chemical Analysis of Water and Wastes, March 1983. EPA 600)R-93-100. Methods for the Determination of Inorganic Substances in Environmental Samples, August 1993. EPA 600/R-94-111. Methods for the Determination of Metals in Environmental Samples - Supplement I, May 1994, EPA SW -846. Test Methods for Evaluating Solid Waste. Standard Methods for the Examination of Water and Wastewater. QC results calculated from raw data. Results may vary slightly if the rounded values are used in the calculations. Soil. Sludge, and Plant matrices for Inorganic analyses are reported on a dry weight basis. Animal matrices for Inorganic analyses are reported on an "as received" basis. An asterisk in the "X0" column indicates there is an extended quaffter and/or certification qualifier associated with the result. If the MDL equals the PQL or the MDL column is omitted, the PQL is the reporting limit. For a complete list ofACZ's Extended Qualifiers. please dick: btrp://www.acz.com/puhIic'extquallist.pol REP001.09.12.01 Page 5 of 17 ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit equal ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, GO 80487 (800) 334-5493 Pinnacle Water Inc. Inorganic QC Summary ACZ Project ID: L11434 Alkalinity as CaCO3 SM2320B - Titration K ID Type Analyzed PCN/SCN QC Sample Found Unite Rec Lower Upper RPD Limit Quid WG341864 W G341864 PBW 1 PBW 04/10/13 17:53 W3341864LCSW2 LCSW 04/10/13 18:07 WC130328-1 820 L11446-04DUP DUP 04/10/13 21:15 W G341864 LC SW5 LCSW 04/10/1321:28 WC130328-1 820 W 0341864P0W 2 PBW 04/10/13 21:36 WG341864LCSW8 LCSW 04/11/130:26 WC130328-1 820 W 0341864 PBW 3 PBW 04/11/13 0:35 WG341864LCSW11 LCSW 04/11/133:56 WC130328-1 820 W G341864 PBW 4 PBW 04/11/13 4:05 W0341864LCSW14 LCSW 04/11/13 7:25 WC130328-1 820 Arsenic, total recoverable M200.8 ICP -MS U mg/L -20 20 750.7 mg/L 91.5 90 110 194 206.9 mg/L 767.2 mg/L 93.6 90 110 U mg/L -20 20 770.4 mg/L 94 90 110 2.1 mg/L -20 20 785.3 mg/L 95.8 90 110 U mg/L -20 20 797.5 mg/L 97.3 90 110 6.4 20 CZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qua! W0341808 WG3418081CV ICV 04/10/13 3:40 MS130402-2 .05 .05127 mg/L 102.5 90 110 WG341808106 ICB 04/10/13 3:43 U mg/L -0.0006 0.0006 WG341684LRB LRB 04/10/13 3:46 U mg/L -0.00044 0.00044 WG341684LFB LFB 04/10/13 3:49 MS130329-1 .05005 .05025 mg/L 100.4 85 115 L11430-03LFM LFM 04/10/13 4:50 MS130329-1 .05005 U .05219 mg/L 104.3 70 130 L11430-03LFMD LFMD 04/10/13 4:59 MS130329-1 .05005 U .05223 mg/L 104.4 70 130 0.08 20 Cadmium„ total recoverable M200.8 ICP -MS ACZ tD Type Analyzed PCN/SCN OC Sample Found Units Rec Lower Upper RPD Limit Dual WG341808 WG3418081CV ICV 04/10/133:40 MS130402-2 .05 .04979 mg/L 99,6 90 110 WG3418081C0 ICB 04/10/133:43 U mg/L -0.0003 0.0003 WG341684LRB LRB 04/10/13 3:46 U mg/L -0.00022 0.00022 WG341684LFB LFB 04/10/133:49 MS130329-1 .0501 .04821 mg/L 96.2 85 115 L11430-03LFM LEM 04/10/13 4:50 MS130329-1 .0501 .0003 .0449 mg/L 89 70 130 L11430-03LFMD LFMD 04/10/13 4:59 MS130329-1 .0501 .0003 .04523 mg/L 89.7 70 130 0.73 20 Calcium, dissolved M200.7 ICP WG342036 WG34203610V CV 04/15/1314:23 11130114-3 100 98.55 mg/L 98.6 95 105 WG3420361CB IGB 04/15/13 14:27 U mg/L -0.6 0.6 WG342036LFB LFB 04/15/1314:39 11130326.2 67.95918 70.84 mgiL 104.2 85 115 L11434.01 AS AS 04/15/13 14:49 11130326-2 67.95918 34.9 105.34 mg/L 103.7 85 115 L11434-01 ASD ASD 04/15/13 14:52 11130326-2 67.95918 34.9 107.67 mg/L 107.1 85 115 2.19 20 REPIN.01.06.05.01 Page 6of17 ACZ ID ADZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, GO 80487 (800) 334-5493 Pinnacle Water Inc. Inorganic CPC Summary ACZ Project ID; L11434 Chloride SM4500CI-E ACZ ID Type Analyzed PcWSCN OC Sample Found Unita Upper RPD Limit flus! WG342245 W63422451CB ICB 04/18/139:15 U mgiL -3 3 WG3422451CV ICV 04/18/13 9:15 W1130131-1 54.945 58.8 mg/L 107 90 110 WG342245LFB1 LFB 04/18/139:43 W1130201-8 30 31.9 mg/L 106.3 90 110 L11434-01 AS AS 04/18/13 9:43 W1130201-8 30 7 39 mgiL 106.7 90 110 L11452-01DUP DUP 04/18/139:43 450 450 mg/L W G342245LFB2 LFB 04/18/1310:01 W1130201-8 30 31.8 mg/L 106 90 110 Conductivity @25C SM251 DB 0 20 cZID Type Analyzed PCNISCN QC Sample Found Units fisc Lower Upper RPD Limit Dual WG341864 WG341864LCSW1 LCSW 04/10/13 17:56 PCN41036 1408.8 L11446-04DUP DUP 04/10/1321:15 WG341864LCSW4 LCSW 04+10/1321:17 PCN41036 1408.8 WG341864LCSW7 LCSW 04/11/1.30:15 PCN41036 1408.8 WG341864LCSW10 LCSW 04/11/133:44 PCN41036 1408.8 WG341864LCSW13 LCSW 04/11/137:13 PCN41036 1408.8 Copper, total recoverable M200.7 ICP 1421.1 1 mhoS/crr 100.9 90 110 1620 1614 Jmhas/crr 1413 'mhos/cm 100.3 90 110 1402.8 lmhoslcrr 99.6 90 110 1394.7 1 mhos/crr 99 90 110 1386.6 'mhos/cm 98.4 90 110 0.4 20 ACZ ID Type Anatyzed PCN/SCN OC Sample Found Unita Roc Lower Upper RPD Limit Oual WG342018 WG3420181CV CV 04/15/13 17:34 11130114-3 2 1.966 mgiL 98.3 95 105 WG3420181CB ICB 04/15/13 17:40 U mgiL -0.03 0.03 WG341947LRB LRB 04/15/13 17:56 U mgiL -0.022 0,022 WG341947LFB LFB 04/15/13 17:59 11130326-2 .5 .492 mg/L 98.4 85 115 L11458-01LFM LFM 04/15/13 18:11 11130326-2 .5 U .492 mgiL 98.4 70 130 L11458.01LFMD LFMD 04/15/13 18:14 11130326.2 .5 U .49 mg/L 98 70 130 0.41 20 Fluoride SM4500F-C ACZ ID Type Analyzed PCNISCN OC Sample Found Units RPD Limit Oval WG342163 WG3421631CV ICV 04/17/13 12:33 W0130417-1 2.002 1.96 mg/L 97.9 95 105 WG3421631C0 ICB 04/17/1312:40 U mgt -0.3 0.3 WG342163LFB1 LFB 04/17/1312:47 WC130313-8 5.005 4.85 mg/L 96.9 90 110 L11434-01AS AS 04/17/13 12:53 WC130313-8 5.005 .7 5.65 mgiL 98.9 90 110 L11434-01 DUP DUP 04/17/13 12:56 .7 .62 mg/L Iron, total recoverable M200.7 ICP 12.1 20 RA Type Analyzed PCN/SCN QC Sample Found Unita Rec Lower Upper RPD Limit Oual WG342018 WG3420181CV CV 04/15/13 17:34 11130114-3 2 WG342018 CB 1CB 04/15/1 3 17:40 WG341947LRB LRB 04/15/1317:56 WG341947LFB LFB 04/1 511 3 17:59 11130326-2 L11458.01 LFM LFM 04/15/13 18:11 11130326-2 L11458.01 LFMD LFMD 04/15/13 18:14 11130326-2 1.991 mg/L 99.6 95 105 U mgiL -0.06 0.06 U mgt -0.044 0.044 1 .995 mgiL 99.5 85 115 1 U .995 mg /1_ 99.5 70 130 1 U .996 mgiL 99.6 70 130 0.1 20 REPIN.01.06.05.01 Page 7 of 17 ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Pinnacle Water Inc. Inorganic QC Summary ACZ Project ID: L11434 Lead, total recoverable M200.8 ICP -MS ACZ ID Type Analyzed PCN/SCN QC Sample Found Units fico Lower Upper RPD Unlit Duel WG341808 W 03418081CV W G3418081CB WG341684LRB WG341684LFB L11430-03LFM L11430-03LFMD ICV ICB LRB LFB LFM LFMD Magnesium, dissolved 04/10/13 3:40 04/10/13 3:43 04/10/13 3:48 04/10/13 3:49 04/10/13 4:50 04/10/13 4:59 MS130402.2 .05 MSI30329-1 MS130329.1 MS130329-1 .05005 ,05005 .05005 .05343 U u .05075 .0014 :05075 .0014 .05042 M200.7ICP mg/L mg/L mg/L mg/L mg/L mg/L 106.9 90 •0.0003 -0.00022 101,4 85 98.6 70 97.9 70 110 0.0003 0.00022 115 130 130 0.65 20 ACZ ID Type Analyzed PCNVSCN QC Sample Found Units Rec Lower Upper RPD Limit Dual WG342036 WG3420361CV WG3420361CB WG342036LFB L11434.01AS LI 1434-01ASD ICV CB LFB AS ASO 04/15/13 14:23 04/15/13 14:27 04/15/13 14:39 04/15/13 14:49 04/15/13 14:52 Manganese, total recoverable 11130114-3 100 11130326-2 11130326-2 11130326-2 49.99941 49.99941 49.99941 101.14 U 51.53 27.3 80.18 27.3 82.13 M200.7 ICP mg/L mg/L mg/L mg/L mg/L 101.1 95 -0.6 103.1 85 105.8 85 109.7 85 105 0,6 115 115 115 2.4 20 ACZ ID Type Analyzed PCNISCN QC Sample Found Units Rec Lower Upper RPD Limit Dual WG342018 WG3420181CV WG3420181CB WG341947LRB WG341947LFB L11458-01 LFM L11458-01 LFMD [CV lCB LRB LFB LFM LFMD 04/15/13 17:34 04/15/13 17:40 04/15/13 17:56 04/15/13 17:59 11130114.3 2 11130326-2 .5 04/15/13 18:11 41130326.2 .5 04/15/13 18.14 11130326-2 .5 Nitrate/Nitrite as N U U L925 U U .4864 .4834 .4827 mg/L mg/L mg/L mg/L mg/L mg/L 96.3 95 -0.015 -0.011 97.3 85 96.7 70 96.5 70 M353.2 - H2SO4 preserved 105 0.015 0.011 115 130 130 0.14 20 ACZ ID Type Analyzed PCN/SCN GC Sample Found Units Rec Lower Upper RPD Limit Dual WG342294 WG3422941CV ICV 04/18/1318:26 W1130411-3 2.416 WG3422941CB ICB 04/18/13 18:27 WG342299 WG342299LFB Li1434.01 AS L11545-01 DUP LFB AS DUP 04/18/13 23:21 04/18/13 23:23 04/18/13 23:26 W 1130215-3 2 W1130215-3 2 pH (lab) SM4500H+ B 2.302 mg/L U mg/L 1.938 .86 2.878 .26 .261 mg/L mg/L mg/L 95.3 90 110 •0.06 0.06 96.9 90 110 100.9 90 110 0.4 20 ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Dual WG 341864 WG341864LCSW3 LCSW L11446-04DUP DUP WG341864LCSW6 LCSW WG341864LCSW9 LCSW W13341864LCSW12 LCSW WG341864LCSW15 LCSW 04/1011318:11 PCN40853 6 04/10/13 21:15 04/10/13 21:31 PCN40853 6 0411 1/13 0:29 PCN40853 6 04/11/13 4:00 PCN40853 6 04/11/13 7:28 PCN40853 6 6.01 8.2 8.19 6.02 6.01 6.01 6.02 units units units units units units 100.2 98 102 100,3 100.2 100.2 100.3 98 98 98 98 102 102 102 102 0.1 20 REPIN.01.06.05.01 Page 8 of 17 ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs. CO 80487 (800) 334-5493 Pinnacle Water Inc. Inorganic QC Summary ACZ Pro ect ID: L11434 Residue, Filterable (TDS) @18NC SM2540C ACZ ID Type Analyzed PCN/SCN QC Sample Found Units Rec Lower Upper RPD Limit Qua! WG341646 WG341646PBW PBW 04/05113 16:40 U mg/L WG341646LCSW LCSW 04/05/13 16:40 PCN40254 260 242 mg/L 93.1 80 120 L11462-03E/UP DUP 04/05/13 16:59 3150 3190 mg/L -20 20 Sodium, dissolved 1.3 20 M200.7 ICP ACZ ID Type Analyzed PCNISCN OC Sample Found Units Rec Lower Upper RPD Limit Oual WG342065 WG3420651CV ICV 04/15/13 23:06 11130114-3 100 100.08 mg/L 100.1 95 105 WG3420651C0 ICB 04/15/13 23:12 U mg/L -0.9 0.9 WG342065LFB LFB 04/15/13 23:25 11130326-2 100.0416 100.9 mg/L 100.9 85 115 L11434.01 AS AS 04/15/13 23:34 11130326-2 100.0416 192 122.1 mg/L. 102.9 85 115 L11434.01 ASD ASD 04/15/13 23:37 11130326-2 100.0416 19.2 126 mg1L 106.8 85 115 3.14 20 Sulfate D516-02 - Turbidimetric ACZ ID Type Analyzed PCN/SCN OC Sample Found Units Rec Lower Upper RPD Limit Qual WG342188 W G3421881CB ICB 04/17/13 9:27 U mg/L -3 3 W133421881CV CV 04/17/139:27 W1130416-2 20 21.1 mg/L 105.5 90 110 WG342188LFB LFB 04/17/13 12:41 W1130416-3 9.99 10.3 mg/L 103.1 90 110 L11434-01DUP DUP 04/17/13 12:42 29 28,2 mg/L L11518-01 AS AS 04/17/13 13:41 SO4TURB20 10 330 349 mg/L 190 90 110 Uranium, total recoverable M200.8 ICP -MS 2.8 M3 ACZ ID Type Analyzed PCN/SCN OC Sample Found Unita Rec Lower Upper RPD Limit Dual WG341808 WG3418081CV ICV 04/10/133:40 MS130402-2 .05 .05185 mg/L 103.7 90 110 WG3418081CB ICB 04/10/133:43 U mg/L -0.0003 0.0003 WG341684LRB LRB 04/10/133:46 U mg/L -0.00022 0.00022 WG341684LFB LFB 04/10/133:49 MS130329-1 .05 .04954 mg/L 99.1 85 115 L1 1430-03LFM LFM 04/10/13 4:50 MS130329-1 .05 .0051 .05414 mg/L 98.1 70 130 L1 1430-03LFMD LFMD 04/10/13 459 MS130329-1 .05 .0051 .05399 mg/L 97.8 70 130 0.28 20 Zinc, total recoverable M200.7 ICP ACZ 1D Type Analyzed PCN/SCN OC Sample Found Units Rec Lower Upper RPD Limit Oval WG342018 WG34201810V ICV 04/15/1317:34 11130114-3 2 WG342018 [CB ICB 04/15/13 17:40 WG341947LRB LRB 04/15/1317:56 WG341947LFB LFB 04/1 511 3 17:59 11130326-2 .5 L11458.01 LFM LFM 04/15/13 18:11 11130326-2 .5 L11458-01 LFMD LFMD 04/15/13 18:14 11130326-2 .5 1.961 mg/L 98.1 95 105 U mg/L -0.03 0.03 U mg/L -0.022 0.022 .487 mg/L 97.4 85 115 U .479 mg/L 95.8 70 130 U .481 mg/L 96.2 70 130 0.42 20 REPIN.01.06.05.01 Page 9 of 17 ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Pinnacle Water Inc. Inorganic Extended Qualifier Report ACZ Project ID: L11434 ACZ ID WORK/WM PARAMETER METHOD QUAL DESCRIPTION L11434-01 WG342163 Fluoride WG342188 Sulfate SM4500F-C D516-02 - Turbidimetric RA Relative Percent Difference (RPD) was not used for data validation because the sample concentration is too low for accurate evaluation (a 10x MDL). M3 The spike recovery value is unusable since the analyte concentration in the sample is disproportionate to the spike level. The recovery of the associated control sample (LDS or LFB) was acceptable. REPAD.15.06.05.01 Page 10 of 17 ADZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Pinnacle Water Inc. Project ID: Sample ID: ESHELMAN Locator: RadioChemistry Analytical Results ACZ Sample ID: Date Sampled: Date Received: Sample Matrix: L11434-01 04/02113 10.`35 04/04/13 Ground Water Gross Alpha & Beta, total M900.0 Prep Method: Parameter Measure Date Prep Date Result Error(+!-) LLD Units XQ Analyst Gross Alpha Gross Bela 04/12/13 10:34 04/12/13 10:34 9.6 3.3 1.8 10 3.6 4.3 pCi/L pCi/L mia mla REPRC.02.06.05.01 • Please refer to Qualifier Reports for details. Page 11 of 17 ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Radiochemistry Reference Report Header Explanations Batch A distinct set of samples analyzed at a specific time Error(+/-) Calculated sample specific uncertainty Found Value of the QC Type of interest Limit Upper limit for RPD, in %. LCL Lower Control Limit, in % (except for LOSS, mg/Kg) LLD Calculated sample specific Lower Limit of Detection PCN/SCN A number assigned to reagents/standards to trace to the manufacturer's certificate of analysis PQL Practical Quantitation Limit QC True Value of the Control Sample or the amount added to the Spike Rec Amount of the true value or spike added recovered. in % (except for LCSS. mg/Kg) RER Relative Error Ratio, calculation used for Dup. QC taking into account the error factor. RPD Relative Percent Difference. calculation used for Duplicate QC Types UCL Upper Control Limit, in % (except for LCSS, mg/Kg) Sample Value of the Sample of interest QC Sample Types DUP LCSS LCSW Sample Duplicate Laboratory Control Sample - Soil Laboratory Control Sample - Water MS/MSD PBS PBW Matrix Spike/Matrix Spike Duplicate Prep Blank - Soil Prep Blank - Water QC Sample Type Explanations Blanks Control Samples Duplicates Matrix Spikes Verifies that there is no or minimal contamination in the prep method procedure. Verifies the accuracy of the method, including the prep procedure. Verifies the precision of the instrument and/or method. Determines sample matrix interferences, if any. ACZ Qualifiers (Qua!) H Analysis exceeded method hold time. Method Prefix Reference M SM D RP ESM EPA methodology, including those under SDWA, CWA. and RCRA Standard Methods for the Examination of Water and Wastewater. ASTM DOE DOE/ESM Comments (1) (2) (3) (4) Solid matrices are reported on a dry weight basis. Preparation method: "Method" indicates preparation defined in analytical method. QC results calculated from raw data. Results may vary slightly if the rounded values are used in the calculations. An asterisk in the "XQ" column indicates there is an extended qualifier and/or certification qualifier associated with the result. For a complete list of ACZ's Extended Qualifiers, please click: hltp://www.acz.com/Dublic/extqualiist.pdf REP003.09.17.01 Page 12 of 17 N V Steamboat Springs, CO 2773 Downhill Dri ACZ Project ID: Pinnacle Water Inc. WG342032 N N C7 6 • n ca r) 50 CO Ch N 6 n 7 r n LC) v c•1 a LC) co co CO Q N N 4 O 0 0 N N UC} cc cr e'Z 03 M C] Cy LT ▪ :r v a 0 0 Q p 4 CC CC U.1 W CC CC al cn a d a O Q 2 WG341742PBW WG341742LCSW O O 2 6Y cc cc cc 1 a N M m C 8 a co 7 CI 01 CO N. C d CV CV m a r 'cc! ri 0) N cu o co W o r n ui [] d} dy N N N N N M1 0) M1 N M1 C) co m en c'] 0) V 0) 0) 0) 0) 0) 0) CC CC W W CC 11 ch R d J O 2 WG341742PBW WG341742LCSW L11331-61DUP Li1443-65 D U P L11444-01 MS REPRC.01,06 05.01 Page 13 of 17 AZ Laboratories, Inc. 2773 Downhiii Drive Steamboat Springs, CO 80487 (800) 334-5493 Pinnacle Water Inc. RadChem Extended Qualifier Report ACZ Project ID: L11434 ACZ ID WORKNUM PARAMETER METHOD QUAL. DESCRIPTION 111434-01 WG342032 Gross Alpha M900.0 M2 Matrix spike recovery was low. the recovery of the associated control sample (LOS or LFO) was acceptable. REPAD.15.06.05.01 Page 14 of 17 ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Pinnacle Water Inc. Certification Qualifiers ACZ Project ID: 1_11434 No certification qualifiers associated with this analysis REPAa.05.06.05.01 Page 15 of 17 ADZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Pinnacle Water Inc. Sample Receipt ACZ Project ID: L11434 Date Received : 04/04/2013 10:31 Received By: Date Printed: 4/4/2013 Receipt Verification YES 1) Is a foreign soil permit included for applicable samples? 2) Is the Chain of Custody or other directive shipping papers present? x 3) Does this project require special handling procedures such as CLP protocol? 4) Are any samples NRC licensable material? 5) If samples are received past hold time, proceed with requested short hold time analyses? X 6) Is the Chain of Custody complete and accurate? The date/time was entered on the COC per the information present on the sample containers for sample(s) one. 7) Were any changes made to the Chain of Custody prior to ACZ receiving the samples? NO NA i x 1 1 pea/Containers 8) Are all containers intact and with no leaks? 9) Are all labels on containers and are they intact and legible? 10) Do the sample labels and Chain of Custody match for Sample ID, Date, and Time? 11) For preserved bottle types, was the pH checked and within limits? 12) Is there sufficient sample volume to perform all requested work? 13) Is the custody seal intact on all containers? 14) Are samples that require zero headspace acceptable? 15) Are all sample containers appropriate for analytical requirements? 16) Is there an Hg -1631 trip blank present? 17) Is there a VOA trip blank present? 18) Were all samples received within hold time? YES x_ - x NO NA x x x x x x x Chain of Custody Related Remarks Client Contact Remarks Shipping Containers Cooler Id 3880 Temp {°C} Rad (l.1R/F4r) 2.3 11 Custody Seal Intact? Yes Client must contact an ACZ Project Manager if analysis should not proceed for samples received outside of their thermal preservation acceptance criteria. REPAD LPII 2012-03 Page 16 of 17 ACZ Laboratories, Inc, Z-119 3 ty 2773 Downhill Drive Srearnboat Springs, CP 80487 (800) 334.5493 Name: 9.0 r b C} Nik.h.] E k t y Company: Pi►-1t.1%i{,c, UAl-, R i�� E-mail: R ATN L`l e1),iaMAcNIE wpr , r Name: Company: Name: RC BE ttD 1+1.E 11 Ni Company: PI *•1 A �1 E, V TE1 1 r4 (._. . E-mail: RDei444211,4 ct.{:).Nhi c1 w4`rV±2,C( Address: II t 0 -1 E- Eotb t1.�' . 1 +i, Sampler's site information Telephone: Cji0 .- AtaS - aa. --1., E-mail: Telephone: Zfp code Address: 1tc1 RE141.) C DR. c RCSo N. i? A- ii__ i C rte) elk, 4 3 Telephone: 91O -1• «l..7 ` a- a71 3 If sample(s) received past holding time (HT), or if lnsufficien HT remains to complete analysis before expiration, shall ACZ proceed with requested short HT analyses'? Pr N then ACZ 1Y 111 Cant= Cl erlt for rlrnier idl5dnrat On K neahef -+'LS• nar 'NO IS ex flailed. ACZ ,v M ipr[,Ceel the regoeileo anNyses. Bann d fiT ; exprren. and dila wdl tr 7i.14hal YLS NO Are samples for SDWA Compliance Monitoring? Yes l If Yes, please include state forms. Results will be reported to PQL for Colorado. Sampler's Name:QoaP..r 1,0N/ It Sampler's site information State w a r c o C3 +[Q Zfp code Time Zone rnA-r" — Quote #: EspraLiset Project/PO tt: ;,ri%Y cea it • BO ►.`l) l L 0 Reporting state for compliance testing:: Check box if samples include NRC licensed E `D1-4 1 v\A P., i -t materiel? b e.►3 ( , r l Write SW (Surface Water) • GW (Ground Water) • WW (Waste Water) • DW ([kinking Water} • SL (Sludge) • SO (Sod) - OL (Oil) Othe (Spetfy) F� 10 Ft pOr 7r 7 Please refer to ACZ's terms & conditions located on the reverse side of this COC. FRIM [059. (32.11.11 White- Return h sample. Yellow - Retain for your records. Page 17 of 17 PIONEER POINT SUBDIVISION IMPROVEMENTS AGREEMENT THIS PIONEER POINT SUBDIVISION IMPROVEMENTS AGREEMENT ("SIA") is made and entered into this day of , 2013, by and between ROGER AND AMELIA ESHELMAN ("Owner") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, acting for the County of Garfield. State of Colorado, as a body politic and corporate, directly or through its authorized representatives and agents ("BOCC") (collectively, the "Parties"). Recitals A. Owner is the owner and developer of the Pioneer Point Subdivision (the -Subdivision-1, which property is depicted on the Final Plat of Pioneer Point Subdivision ("Final Plat"). The real property subject to this SIA is described in that Final Plat recorded at Reception Number of the real estate records of Garfield County. Colorado and incorporated by this reference. 13. On January 21. 2013. by Resolution No. 2013-I0, recorded at Reception Number 830406 of the real estate records of Garfield County. Colorado and incorporated by this reference, the BOCC,approved a preliminary plan for the Subdivision which, among other things, would create three (3) single-family residential lots ("Preliminary Plan Approval"). C. As a condition precedent to the approval of the Final Plat submitted to the BOCC as required by the laws of the State of Colorado and by the Garfield County Unified Land Use Resolution of 2008 CULUR" ), Owner wishes to enter into this SIA with the BOCC. D. Owner has agreed to execute and deliver security in a form satisfactory to the BOCC to secure and guarantee Owners performance under this SIA and under the Preliminary Plan Approval and has agreed to certain restrictions and conditions regarding the sale of properties and issuance of building permits and certificates of occupancy within the Subdivision, all as more fully set forth below. E. Owner represents that at the time of recordi ng this SIA all taxes and assessments upon all parcels of real estate described in this SIA are paid in full. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and promises contained herein. the Parties agree as follows: Agreement 1. FINAL PLAT APPROVAL. The BOCC hereby accepts and approves the Final Plat of the Subdivision, on the date set forth above, subject to the terns and conditions of this SIA, the Preliminary Plan Approval, and the requirements of the ULIIR. and any other governmental orquasi- governmcntal regulations applicable to the Subdivision ("Final Plat Approval"). Recording of the Final Plat in the records of the Garfield County Clerk and Recorder shall be in accordance with this S1A and at the time prescribed herein. 1 2. OWNER'S PERFORMANCE AS TO SUBDIVISION IMPROVEMENTS. a. Required Improvements. The Owner agrees to cause to be constructed and installed access improvements. as shown on the Final Plat and described in Exhibit A. attached hereto and incorporated herein by reference ("'Infrastructure Improvements"). b. Approval of Plans. Such Infrastructure Improvements must be installed in accordance with plans and specifications prepared by licensed engineers and professionals and approved by Garfield County. The Owner shall submit plans to the Community Development Department for engineering approval prior to commencing any work on the infrastructure Improvements. The Owner will be responsible for any fees associated with a County engineer's review of the plans. The Owner shall comply with all laws, regulations. orders, resolutions and requirements of the State of Colorado. Garfield County. all special districts, and any other governmental or quasi -governmental authority with jurisdiction, and this SIA in the construction and installation of the infrastructure Improvements. c. Completion Date/Satisfaction of Improvements Agreement. The BOCC agrees that if all Infrastructure Improvements are installed in accordance with this SIA. the approval resolution. and the 1JLUR. then the Owner shall be deemed to have satisfied all terms and conditions of this SIA with respect to the installation of improvements. There is no provision in this S1A which requires the Owner to construct any Infrastructure Improvements within a set period of time. Potential purchasers are hereby put on notice that Garfield County makes no representations. assurances or guarantees concerning when. if ever, such Infrastructure Improvements will be constructed. 3. SECURITY FOR SUBDIVISION IMPROVEMENTS. a. Plat Restriction. As security for the Owner's obligation to complete the Infrastructure Improvements, the Owner shall include the following plat restriction ("Plat Restriction-) as a plat note on the first page of the Final Plat to guarantee completion of the Infrastructure Improvements prior to sale or conveyance of lots: RESTRICTION ON SALE OR TRANSFER: Lot 1 as shown on this plat may not be sold. conveyed or transferred, nor building permits issued. until public improvements to serve Lot I are completed as required in the Subdivision improvements Agreement between Roger and Amelia Eshelman and Garfield County, Colorado. b. Release of Plat Restriction. Upon completion of all Infrastructure Improvements, the BOCC shall authorize a '`Release of Plat Restriction." The Owner may request release of the Plat Restriction by means of submission to the Community Development Department of a "Written Request for Release," in the form attached hereto and incorporated herein as Exhibit B. Such submission shall be accompanied by the Owner's Engineer's stamped certificate of completion of the Infrastructure Improvements. Before any release is considered, Owner shall certify that all taxes and assessments on the real property subject to the release are paid in full. Comment Icli: Glenn - Is this necessary, or will the plans required by COA n S provide the necessary engineer apprmal such that no additional review wilt be necessary' c. BOCC's Investigation. Upon submission of the Owner's Written Request for Release along with the Owner's Engineer's certificate of completion of improvements, the BOCC may review the certification and may inspect and review the infrastructure Improvements certified as complete to determine whether or not said Infrastructure Improvements have been constructed in compliance with relevant specifications. as follows: ifthe BOCC chooses to inspect and determines that all or a portion of the Infrastructure Improvements certified as complete are not in compliance with the relevant specifications or that the requirements of the Preliminary Plan Approval have not been met, the BOCC shall furnish a letter of potential deficiency to the Owner within fifteen (15) days of submission of the Owner's Written Request for Partial Release. If no letter of potential deficiency is furnished to the Owner by the BOCC within fifteen (15) days of submission of the Owner's Written Request for Release. ail Infrastructure Improvements certified as complete shall be deemed complete by the BOCC. and the BOCC shall authorize execution °fa Release of Plat Restriction in the form attached hereto and incorporated herein as Exhibit C. provided that all requirements of the Preliminary Plan Approval have been satisfied. The Owner may thereafter record the Release of Plat Restriction in the office of the Garfield County Clerk and Recorder. Upon recording. the Plat Restriction shall have no further force and effect with respect to and shall no longer restrict the sale, transfer or conveyance of Lot I. if a letter of potential deficiency is issued identifying a portion of the certified Infrastructure Improvements as potentially deficient and there are no outstanding requirements of the Preliminary, Plan Approval. then all infrastructure Improvements not identified as potentially deficient in such letter shall be deemed complete. iv. With respect to Infrastructure Improvements identified as potentially deficient in a letter of potential deficiency, or ifthe requirements of the Preliminary Plan Approval have not been met. the BOCC shall hav e thirty (30)day Ihun the date of the letter to complete the initial investigation, begun under subparagraph i above, and provide written confirmation of the de ficiency(ies) to the Owner. The Owner may correct such deficiency(ies) and resubmit a Written Request for Release, after which the procedures of this subparagraph 3.c. shall be followed. v. If vvithin the thirty (30) day inspection period the BOCC finds that the Infrastructure Improvements are complete and that all requirements of the Preliminary Plan Approval have been met, or ifthe BOCC does not provide written confirmation of the deliciency(ies), all Infrastructure Improvements certified as complete shall be deemed complete by the BOCC. and the BOCC shall authorize execution of a Release of Plat Restriction, Owner may thereafter record the Release of Plat Restriction and the Plat Restriction shall have no further force and effect with respect to and shall no longer restrict the sale. transfer or conveyance of Lot 1. 3 vi. Within ten (1O) days of recording ofa Release of Plat Restriction. the Owner shall submit to the BOCC, through the Community Development Department, record drawings bearing the stamp of an engineer certifying that all Infrastructure Improvements have been constructed in accordance with the requirements of this SIA, in hard copy and a digital format acceptable to the BOCC. d. Amended Final Plat. Nothing herein shall be construed to mean the Owner is prohibited from amending the Final Plat to adjust lot lines, or eliminate lots. e. Substitution of Security to Satisfy Plat Restriction. The BOCC. in its sole discretion, may permit the Owner to substitute another security instrument. such as a cash deposit under a treasurer's deposit agreement or a letter of credit. as collateral in the place of the Plat Restriction for the purpose of securing the completion of the Infrastructure Improvements, should the Owner so request. f. Recording of Final Plat. The Final Plat shall not be recorded until the Plat Restriction has been received and approved by the BOCC and the Plat Restriction appears on the first sheet of the Final Plat. 4. INDEMNITY. The Owner shall indemnify and hold the BOCC harmless and defend the BOCC from all claims which may arise as a result of the Owner's installation of the Subdivision Improvements and any other agreement or obligation of Owner. related to development or the Subdivision, required pursuant to this SIA. The Owner. however. does not indemnify the BOCC for claims made asserting that the standards imposed by the BOCC are improper or are the cause of the injury asserted. or from claims which may arise from the negligent acts or omissions of the BOCC or its employees. The BOCC shall notify the Owner of receipt by the BOCC of'a notice of claim or a notice of intent to sue. and the BOCC shall afford the Owner the option of defending any such claim or action. Failure to notify and provide such written option to the Owner shall extinguish the BOCCas rights under this paragraph. Nothing in this paragraph shall be construed to constitute a waiver of governmental immunity granted to the BOCC by Colorado statutes and case law. 5. !FEES IN LIEU OF DEDICATION OF SCHOOL LAND. Owner shall make a cash deposit in lieu °I -dedicating land to the RE -1 School District. calculated in accordance with the ULUR and the requirements of state law. The Parties acknowledge and agree that the cash in lieu payment for the Subdivision is calculated as follows: a. Unimproved per acre market value of land, based upon an appraisal submitted to the BOCC by Owner, i.e. $ _ and b. Land dedication standard: single-family dwelling units x acres equals acres. c. The Owner. therefore, shall pay to the Garfield County "Treasurer. at or prior to the time of recording of the Final Plat, {$ 1 as a payment in lieu of dedication of land to the RE -1 School District. Said fee shall be transferred by the BOCC to the RE -1 School District in accordance with the provisions of .30-28-133. C.R.S., Comment [c2]: Glenn — Have you receival the necessary information yet is fart m this section" as amended, and the ULUR. d. The Owner agrees that it is obligated to pay the above -stated fee, accepts such obligations, and waives any claim that Owner is not required to pay the cash in lieu of land dedication fee. The Owner agrees that Owner will not claim. nor is Owner entitled to claim, subsequent to recording of the Final Plat of the Subdivision. a reimbursement of the tee in lieu of land dedication to the RE -I School District. 6. SALE OF LOTS. No lots. tracts, or parcels within the Subdivision may be separately conveyed prior to recording ofthe Final Plat in the records of the Garfield County Clerk and Recorder. 7. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As one remedy for breach of this SIA, including failure to satisfy requirements of the Preliminary Plan Approval. the BOCC may withhold issuance of building permits for any residence or other habitable structure to be constructed within the Subdivision. Further. no building permit shall be issued unless the Owner demonstrates to the satisfaction of the Carbondale and Rural Fire Protection District (District"), if the District has so required, that there is adequate water available to the construction site for the Districts purposes. and all applicable District fees have been paid to the District, 8. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with the terms of this SMA. the BOCC shall have the ability to vacate the Final Plat as it pertains to any lots for which building permits have not been issued. As to lots for which building permits have been issued. the Plat shall not be vacated and shall remain valid. In such event. the Owner shall provide the BOCC a plat. suitable for recording. showing the location by surveyed legal description of any portion of the Final Plat so vacated by action ofthe BOCC. If such a Plat is not signed by the BOCC and recorded, or if such Plat is not provided by the Owner, the BOCC may vacate. the l final Plat. or portions thereof, by resolution. 9. ENFORCEMENT. In addition to any rights provided by Colorado statute. the withholding of building permits and certificates of occupancy. provided for in paragraph 7. above, the provisions for release of the Plat Restriction. detailed in paragraph 3, above, and the provisions for plat vacation. detailed in paragraph 8, above. it is mutually agreed by the BOCC and the Owner, that the 13OCC. without making an election ot'remedies, shall have the authority to bring an action in the Garfield County District Court to compel enforcement of this SiA. Nothing in this SIA. however, shall be interpreted to require the BOCC to bring an action for enforcement or to withhold permits or certificates or to vacate the Final Plat or a portion thereof. nor shall this paragraph or any other provision of this SIA be interpreted to permit the purchaser of lot to the an action against the BOCC. In addition. the BOCC may. but shall not be required to. pursue any of its enforcement remedies as applicable, pursuant to Article 12 of the UI.UR. 10. NOTICE BY RECORDATION. This SIA shall be recorded in the Office of the Garfield County Clerk and Recorder and shall be a covenant running with title to all lots. tracts and parcels within the Subdivision. Such recording shall constitute notice to prospective purchasers and other interested persons as to the terms and provisions of this SIA. 5 11. SUCCESSORS AND ASSIGNS. The obligations and rights contained herein shall be binding upon and inure to the benefit of the successors and assigns of the Owner and the BOCC. 12. CONTRACT ADMINISTRATION AND NOTICE PROVISIONS. The representatives of the Owner and the BOCC, identified below. are authorized as contract administrators and notice recipients. Notices required or permitted by this SIA shall be in writing and shall be effective upon the date of delivery. or attempted delivery if delivery is refused. Delivery shall be made in person, by certified return receipt requested U.S. Mail. receipted delivery service, or facsimile transmission. addressed to the authorized representatives of the BOCC and the Owner at the address or facsimile number set forth below: Owner: Roger and Amelia Eshelman 7378 County Road 100 Carbondale, CO 81623 w/copy to, BOCC: Board of County Commissioners of Garfield County. Colorado c/o Community Development Department Director 108 81s Street, Suite 401 Glenwood Springs. CO 81601 Phone: (970) 945-8212 Fax: (970) 384-3470 13. AMENDMENT. This SIA may be modified. but only in writing signed by the Parties hereto. 14. COUNTERPARTS. This SIA may be executed in counterparts, each ofwhich shall be deemed an original. and ail of which. when taken together_ shall be deemed one and the same instrument. 15. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of or related to this SEA shall lie with the District Court of Garfield County, Colorado. and this SIA shall be construed according to the laws of the State of -Colorado. IN WITNESS WHEREOF, the parties have signed this SIA to be effective upon the date of Final Plat Approval for the Subdivision. 6 BOARD OF COUNTY COMMISSIONERS ATTEST: OF GARFIELD COUNTY, COLORADO Clerk to the Board STATE OF COLORADO ) }s } COUNTY OF GARFIELD By: -- Chairman Date: OWNER By: (Name and Title) Date: Subscribed and sworn to before me by _ , an authorized representative of . Owner of the Subdivision. this day of ,20 . WITNESS my hand and official seal. My commission expires: Notary Public 7 1 Glenn Hartmann From: Roger B. Eshelman (rbeshelman a©gmail,com] Sent: Thursday, April 04, 2013 12:03 PM To: Glenn Hartmann Subject: 7450PV,pdf Attachments: 7450PV.pdf; ATT00001.txt Hi Glenn, This is the appraisal required by Garfield County in order to get an accurate assessment for the school impact fee only! Lot 1 appraised for $115,000.00. Would you please get me an accurate calculation from the school district for the amount that we need to pay them. The testing for the water quality should be completed within two weeks. I will get that information to you as soon as I am in possession of it. On a side note, my water guy from Culligan told me that the samples that he took go through a process called "chain of custody"By which the water samples are protected with two special seals that prohibit any tampering, Before they get to the lab. I think you should consider that Garfield County require someone licensed and reputable to actually take From the proper source, the water samples that you require. Otherwise the water could come from anywhere . What was the result of your conversation with Carrie regarding her input on our legal documents? I need that information soon, so that I have a chance to respond to it. Would you please get back with me as soon as possible on exactly what is going on pertaining to her review! Thank you very much Glenn! Roger Western Slope Appraisal Service, Inc. P.O, Box 1451 Basalt, CO 81621 970-963-0800 April 4. 2013 ESHELMAN, RODGER B & AMELIA 5 7378 County Road 100 Carbondale, CO 81623 Property - 7378 County Road 100 ( Lot -1 ) Carbondale, CO 81623 Borrower ESHELMAN, RODGER B & AMELIA S File No. - 7450pV Case No. - 100614-DSYTE-I Dear : Mr RODGER ESHELMAN In accordance with your request, 1 havc prepared an appraisal of the real property located at 7378 County Road 100 1 Lot -I 1. Carbondale, CO. The purpose of the appraisal is to provide an opinion of the market value of the property described in the body of chis report. Enclosed, please find the Summary Report which describes certain data gathered during our investigation of the property. The methods of approach and reasoning in the valuation of the various physical and economic factors of the subject property are contained in this report. An inspection of the property and a study of pertinent factors, including valuation trends and an analysis of neighborhood data, led the appraiser to the conclusion that the market value. as of March 19. 2013 is 5115,000 The opinion of value expressed in this n -port. is contingent upon the Limiting Conditions attached to this report. It has been a pleasure to assist you. If! may be of further service to you itt the future, please let me know. Respectfully submitted, Western Slope Appraisal Service, Inc. Patrick J. Corcoran CO Certification ACR40018145 100614-DSYTE-1 Fife No. 7450nV SUMMARY APPRAISAL REPORT OF THE REAL PROPERTY LOCATED AT 7378 County Road 100 ( Lot -I ) Carbondale, CO 81623 For ESHELMAN, RODGER B & AMELIA S 7378 County Road 100 Carbondale, CO 81623 as of March 19.2013 by Patrick J. Corcoran P.U. Box 1451 Basalt, CO 81621 Western Slope Appraisal Service. Inc. S u m ma ry Appraisal Report LAND APPRAISAL REPORT File No;745004•' Western Slope Appraisal Service, Inc. Bernet ESHELMAN, RODGER B & AMELIA S Census Trael 3 Map Reterehoe Garfield Preterit Menges 7378 County Road 100 ( Lot -I ) cur Carbondale rnuty Garfield State CO Zip Cade 81623 Legal Description Has been retained in the work file and would be provided i Meat. t ESale Pnce 8 Cate of Sala Loan Team lyes. Ftoperty R ghts Acoraloed. ® Fee ❑ tssendd ❑, Oe Mollis PUD F Actual Real Estee Tagus STBD (yr.) lean charges to be palet by seller a other sefeS m++cesscra LemdenClkan momsESHELMAN. RODGER B & AMELIA moms 7378 County Road 100 Carbondale, CO, 81623 o occunarl Vacant PPIPMPer Patrick J. Corcoran irratidinns to Appraised Estimate Current Market Value NEIGHBORHOOD tocrece Li Urban 1 X 1 @6uh®1[Rural Suitt Up LI Over 75% 725%to75% �ty d] Under 25% Groat') Bale I♦ Fully vee. 1i Fool Steady ElSbe Poverty Values nT�1 10 eatung j111 Sloan 1 X 1 Oncarian r.nr Derdr5„PWy l_1 s L 1 in Balance I x 1 aver supply Marketing rune Under 3 Mos. n 48 Mas. .1 Ohne Mos. Preset Land Use 80 %1 Early %2-4 Fee %Apts. %Conti* %Gcmrer4e %Mdsklal 20 %Vecaie % EnlioyoYere Stebllny Canveritence to Employment Convereenee to Sfsp5r10 coeoenence Io Sd,ods Adequacy of pubic T nsp 1eien Recreational Facilites Adequacy of Utilities Good Aug Fair LI Ch 10 L. X .-1 P X _ _] P1 LN..... _1 �• L 11 jL`Jj r�N 1 L,J Lr.�{ .- Poet •• MI ■ 17 E1 ❑ Change m Present Lara Use 1 X 1 Not Ukety Likely r) _ _ _ Ta rig r'taee 1 From To _ Property ConhpatialiIy Pnoteam lcn froDetrimental Conditions 0 L < ri 1- x . _ �I • int Icy t JC 1 Canner ❑ Tenant 5 16 Ve�nf Redoma FC Pollee and Fne P,Oeaion 0 Ck J til LJ Stnpe Fatally Pince Range 3 149.900 toe 2 500 000 Prado rirant Valera 0 882,569 General Appearance al Properties ❑ C Single FalnyAge 2 Ye- 10 100+ yrs. Prodomnent Ape 20 yrs. Appal to Menai ❑ I X • Co,m-8s including those faders, favorable o urda0Oral:le. atectng merkelanisty (e40. puttee per. schools. *Ise) • • • See Additional Comments •' • lar>+an% See Site urv-ey 2.47Acres i 1rter Lat Zoning Gffisifcation Rtf.-0 Present lnpm4Cfner5 Udo • de net conform to zoning regulations **St and Desi. use 1 PMaSeri use 1 1 Omer repent($ _X Public Other lDescnbe) 1 OFF Sf7E IMPROVEMENTS d 7opo Level to sleep and slopitlit Stec. LI Steel M eos: 1 x I Reale [ _1Pnvee t, sue 2.47 Acres Gas C &gace Gravel shave See Site Survey viler n Shared Well Maintenance' d 1 Ipevate Ver., Good hlountains/Valky San. Sewer n Septic Stern sewer 7 CkPIPOutter Drainage Appears Ade4lfatg,,t, addiriantl information in work fde Ftrinerground E1ed. S Tel. , Sfde,ralk 1 1 Street Lights 1Isere properly loafed in a }JA) Nertified 5peGat WW1 Float Area? ` rro 1J Yee commits Itaworeate or mammon rnpuctng any anal+ scheme eeeemerts, encroachments or other adverse conditions) No adverse in flu anew or encroachments were apparent at the time of inspection. Normal PUE easements were assumed. The subject site features electrici to the -i e which is considered typical for the immediate arca. There would. bean additional cost roaring both water and ojegtricso the Improvement MARKET DATA ANALYSIS The undersigned (las recited three recent sates of properties most skrear and proximate to subject and Tits considered these In the market anays.5. The desodden° , anile& a drier adjustment reflecting market reaction to those iters of significant venation behneer Ma subject and corrparatec propedte& tit a segnibcart Item in the comparable overly is steamer to. or Rare favorable than, the subject property. a minus 0 adjustment b made. thus reducing Pre indicated value of wbtect: A a significant 'tem in ore comparable is edema lo. or less favorable than, the subject property. a plus (*) adjustment is trade. thus irkaeasmg the Imbue* value of the subject rrEM - , ed... , y;yj tX*5ARASLE NO. f 1 COMPARABLE ND. 2 CONPA4ABLE NO. 3 Mdrers 7378 ( let I) County ltd 1 e 1 Carbondale CO 81623Carbondale TBD Callicottc Ranch ( lot 12) CO 81623 BD Stonefly Drive Carbondale CO 81623 , 6 I'inon Lane arbundale CO 81623 Foinirmy loam. 1.71 milts SW is 55 miles W 1.72 miles SW Sales Pace 1 220,000 1 88,000 3 246,000 wive MA 46 709.1.3 8 24 444,45 $ 52 452.03 Data sou* t • - FLEX NILS 4/127346 / DOM 148 LS ii508 DO 152 FLE 128078DOM 10 Date create are CESCRVITCN DESCFPPTION • If- 5,.,CESCRIPTICH •„._„ - TrrleApjnppment 02,222013 - -0• 13/18/2013 -0- ! ' 0/2013 Location Midvall /Carbondale MidralleylCaalwndateAvail /Carbon GdiMmsniall Gd(MmsfVall GdIMlnsN#tfd+ Ip d/Mins/Vall -100 000 t .64 Acres No Ad 1 .69 ! -100 000 Utilities WatenElectric at site Water/Electric at at Watgr/Elearic at site 1 Water/Electric .,i -0 Add Im kat a 1 r MO tiliti.r -5 0001 Riles -5 000 Sales or Financing concessions N/A NiA ash Bank Owned ash N/A ash l Seller Points Net Mt (Total) 10121r1 5,-... 5 -105 000 ill PWr el lama a -5 000 1 • (.lrnji 5 -105 000 Irk Value et512001 Gross 47.7% Net -07.7% 3115,000 Grass 5.7% Net -5.7% $ 83.000 Gross 42.7% bet_ -42.7% $ 141,000 Cormrerts on Market Data: 3 sales were analyzed in determining the selection of comparable properties for the market data analysis. The 3 chosen were closed sales within the 90-365 days and they were considered sufficient to de%clop an o.inion of value for the sub-ect .nor • . ••• Additional Comments ••' Camrrarts ant Conditions ofAppraisat” Appraisal is made "as is" See attached Statement of Limiting Conditions and Certification of Va19le. Liimiler COn6jskia[ion wgs iven to egeh comparable in the final estimate of value. z 0F _i J u - Final Reconciliation: Market Approach reflects the motivations of the rypi(a1 buve Ansi was considered to be the most representative approach to value, sly I E5trMA0E F AS DUI./ . OF tau. 1 PROPERTY AS OF March 19 2013.be 8115,000 �I10 m Appraf applicable)LJ 13{LJ Did Nat Physically inspect Property Review AppnaLser(5) vwarse( (i • Sypreure Signature Noe Patrick J. Corcoran (tete 04.004/2013 Mare [woe State CO n tieense 1 x 1 Certennalion 5 CR40018145 state n License n Cetiketif o f Western Slope Appraisal Service, Inc. 100614-USYTE-t Flle No ADOMOWAL COMMIS Borrower o Owner ESHELMAN RODGER B & AMELIA S Properly RUMS 737g C un R 100 of -1 1 Cay i1 r dale County Gare 71.}` t1e11131101,10/Plelgrr3_ 1 T1 1LR ender of dent slate CO Lp Cade 81623 Scope of the Appraisal The purpose of the appraisal is to give an opinion on the Market Value of'the Fee Simple interest in the subject property as defined below. The intended use of the appraisal is to assist the owner in providing Garfield County with a value for School Impact Fee. The intended user of the report is the borrower Rodger B Eshelman. The scope of the appraisal is to estimate the market value of the subject property by: (1) a physical inspection of the subject property and plans and specs. if necessary, (2) an inspection of the subject neighborhood and analysis of regional characteristics: (3) identifying the appraisal problem; (4) investigation of pertinent data from available sources; (5) consideration and analysis of physical. governmental. social and economic factors to conclude the I lighest and Best Use of the subject property; (6) extensive research of sold properties and current listings from the Multiple Listing Service (MLS); (7) analysis of the selected comparable sales and competitive listings including verification of the reported data and confirmation from a second data source where possible; (8) consideration and application of the applicable approached to value: (9) final reconciliation; (10) reporting a defined value. Definition of Market Value: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale.. the buyer and seller. each acting prudently. knowledgeably and assuming the price is not affected by undue stimulus. It is estimated that the exposure time for the subject property would he 6-12 months. Exposure time is always presumed to precede the effective date of the appraisal. It is the estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at the market value of the effective date of the appraisal. It is a retrospective estimate based upon an analysis of past events assuming a competitive and open market. 1 have performed appraisals, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance ot'this assignment. Neighborhood l he subject is situated in the mid valley market valley (aka Missouri Heights / Catherine Store) just outside the towns of Carbondale and Basalt. The subject's neighborhood consist of average to high end primary or secondary homes. The subject property is situated 5+/- miles North East of the town of Carbondale within the mid valley market area and is characterized by good to excellent quality single family homes that exhibit average to above average levels of property maintenance.The subject immediate neighborhood is characterized by a high listing inventory with predominantly homes of new or recently construction. The subject's market area also has a high inventory of active listings for vacant land on 1-10 acres sites The market area is bothy primary residents and second homes as well as relocating people from the Aspen area.The subject's neighborhood boundaries will be all vacant land sales in the Carbondale and Missouri market area (per MLS) The last 12 months have seen a significant increase in volume of sales of vacant land from 4-7. however we have a seen a decrease in price per Acres from $59.920 to $51.683. With 36 active listings in the subject's market area Sales of Vacant land from 1 to 10 acres in size in the subject's market area of Carbondale and Missourie Heights front 3/2012-03/2013: Closed Sales 7 Low Sale Price: $151,000 High Sale Price $246,000 Average Sale Price $208,857 Price per Acres $51,683 312011-0312012: Closed Sales 4 Western Slopc Appraisal Service, Inc. 100614-DSYTE-1 File No 7d Snnl Paste 2 Boirawer or Owner ESHELMAN RODGER B & AMELIA S Prop eny,a . r S 7378 County Road 100 ( Lot -1 } cite Carbondale co+nly Garfield state CO zip cede 81623 Leader or Client ESHELMAN. RODGER B & AMELIAS Low Sale Price: $60,000 High Sale Price $530,000 Average Sale Price $229,125 Price per Acres $59,920 Site The subject property features 2.47 acres of steep to rolling topography. The subject property is situated on s site that features both views of Mount Sopris and the the MidValley. A. Rural (R). The Rural Zone District is comprised of the County's rural residential areas, agricultural resource lands, agricultural production areas and natural resource areas. Uses, densities and standards established for this zone district are intended to protect the existing character of the area from uncontrolled and unmitigated residential, commercial and industrial use. The zone district provides for the use of natural resources, recreational development, rural residential and other uses. Comments on Market Data Comparable #1 sold on 02/13 the reported price of $220,000 .Comparable #1 was a larger site than the subject and a site adjustment of $51,683 per acre was made to adjust for the differences of site size.The required site adjustment exceeded 10% of comparable # I's sale price and resulted in comparable #l's NET and GROSS adjustments exceeding FNMA guidelines. Comparable #2 sold on 03/13 the reported price of $88,000 .Comparable #2 was a larger site than the subject and a site adjustment was considered unnecessary Comparable #2 was considered to have sold well below market value and limited weight was given to the adjusted sale price Comparable #3 sold on 03/13 the reported price of $246.000 .Comparable #3 was a larger site than the subject and a site adjustment of $51,683 per acre was made to adjust for the differences of site size. The required site adjustment exceeded 10% of comparable #3's sale price and resulted in comparable #3's NET and CROSS adjustments exceeding FNMA guidelines. Most weight was given to comparable #1 in the final estimate of value. EXTRA ADDITIONAL COMMENTS All subject photos provided have been taken at the time of the inspection. The comparables photos provided were taken at the time of the inspection or from the data base of the appraisal company. Photos from the Country Assessor Office or MLS were only used if they provided a better view 04 -the property than what was provided the appraiser. Western Slope Appraisal Service. Inc. I 006 14-DSYTE-I Fele NO. 7450pV DEFINITION OF MARKET VALl'E: The most probable price which a property should bring in a competitive and open market under all Conditions requisite lo a fan sale. the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditidn5 whereby: (I) buyer and seller are typically motivated. (2) both parties are well informed or well advised. and each acting in what he considers his own best interest. (3) a reasonable time is allowed for exposure in die open market; (4) payment is made in terms of cash In U.S. dollars or in terms of financial arrangements comparable thereto; and 15) the price represents the norrnal consideration for the property sold unaffected by special or creative financing 04 sales concessions' granted by anyone associated with the sale 'Adjustments to the comparables must be made for special or creative financing Or sales concessions. No adjustments axe necessary for those costs s$iich are normally paid by sellers as a result of tradition or law in a market area: these Co5tS are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender That is not already involved In the properly 01 transaction. Any adjustrnent should riot be calculated on a mechanical dollar for dollar cost of the financing or concessions but the dollar amount of any adjustment should approximate the markers reaction to the financing or concessions based on the appraisers judgment. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the following conditions: 1 The appraiser will not be responsible roc matters of a legal nature that affect either the property being appraised or the title to i1. The appraiser assumes that the title is good and marketable and, therefore, will not render any opinions about the title. The property is appraised on the basis of it being under responsible ownership. 2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist the reader of the report in visualizing the property and understanding the appraisers determination of its size. 3 The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted rn the appraisal report whether the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor. he or she makes no guarantees. express or implied, regarding this determination. 4 The appraiser wilt no give testimony or appear in court because he or she made an appraisal Of the property in question. unless specificarrangements to do so have been made beforehand. 5. The appraiser has estimated the value of the land in the cosi approach at its highest and best use and the improvements at their contributory value, The separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if they are 5o used. 6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs. depreciation. the presence of hazardous wastes. toxic substances, etc.) observed during the inspection of the subject property or that he or she became aware or during the normal research involved in performing the appraisal. Unless otherwise stated in the appraisal report the appraiser has no knowledge of any hidden or unepparenl conditions of the property or adverse environmental conditions (including the presence of hazardous wastes, toxic substances. etc) that would make the property more or less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied. regarding the condition of the property. The appraiser will not be responsible for any such conditions that do exist or for any engineenng or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards. the appraisal report must not be considered as an environmental assessment of the property. 7 The appraiser obtained the information. estimates and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such items that were furnished by other parties 8. The appraiser will not disclose the contents of the appraisal report except as provided far in the Uniform Standards of Professional Appraisal Practice. 9, The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs. or alterations on the assumption that completion of the improvements will be performed in a workmanlike mariner. 10. The appraiser must provide his Or her p1or written consent before the lenderlclienl specified in the appraisal report can distribute the appraisal report (including conclusions about the property value. the appraisers identity and professional designations. and references to any professional appraisal organizations or the firm with which the appraiser is associated) to anyone other than the borrower, the mortgagee or its successors and assigns: the mortgage insurer: Consultants; professional appraisal organizations; any state or federally approved financial inStilubOn; Or any department, agency, or instrumentality of the United Stales or any state or the District of Columbia: except that the lender/tient may distribute the property description section of the report only to data collection or reporting service(s) without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public through advertising. public relations, news. sales, or other rnedia. Freddie Mac Form 439 6.93 Page 1 of 2 Fannie Mae Form 10048 6-93 100614-DSYTE-I File No 74500/ APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that: 1 I have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate to the subjecI property for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those items of significant variation. if a sgnificanlitem in a comparable property is superior to, or more favorable than. the subject property. I have made a negative adjustment to reduce the adjusted sales puce of the comparable and, if a significant item in a comparable property is inferior to, or less favorable than the subject property, l have made a positive adjustment to increase the adjusted sales price of the comparable. 2. 1 have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have not knowingly withheld any significant information from the appraisal report and I believe, to the best of my knowledge, that all statements and information in the appraisal report are true and correct. 3. I stated in the appraisal report only my own personal, unbiased, and professional analysis. opinions, and conclusions, which are subject only to the contingent and limiting conditions specified in IhiS form. 4. I have no present or prospective interest in the property that is the subject t0 this report. and I have no present or prospective personal interest or bias with respell to the participants in the Transaction I did not base. either partially or completely, my analysis and/or the estimate of market value in the appraisal report on the race. color. religion. sex. handicap. familial status. or national origin of either the prospective owners or occupants of the subject properly Or of the present owners or occupants Of the properties in the vicinity of the subject property. 5. I have no present or Contemplated future interest in the subject property, and neither my current or future employment nor my compensation for performing this appraisal is contingent on the appraised value of the property. 6. ! was not required to report a predetermined value or direction in value that favors the cause of the client or any related party, the amount of the value estimate, the attainment of a specific result, or the occurrence of a subsequent event in order to receive my compensation and/or emptoyment for performing the appraisal. I did not hese the appraisal report on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage loan. 7. I performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective dale of this appraisal, with the exception of the departure provision of those Standards. which does not apply 1 acknowledge that an estimate of a reasonable 4me for exposure in the open market is a condition in the definition of market value and the estimate 1 developed is consistent with the marketing time noted in Inc neighborhood section of ibis report. unless I have otherwise slated in the reconcihahion section. 8. I have personalty inspected the interior and exterior areas of the subject property and the exterior of all properties listed as comparables in the appraisal report. I further certify that t have noted any apparent or known adverse conditions in the subject improvements, on the subject site, or on any site within the immediate vi0mrty of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them I have also commented about the effect of the adverse conditions on the marketability of the subject property. 9. I personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. 11 1 relied on significant professional assistance from any individual Or individuals in the performance of the appraisal or the preparation of the appraisal report, I have named such individual(s) and disclosed Inc specific tasks performed by them in the reconciliation section of this appraisal report. I certify that any individual so named is qualified t0 perform the tasks. I have net authorized anyone to make a change to any item in the report; therefore, if an unauthorized change is made to the appraisal report, I will take no responsibility for it SUPERVISORY APPRAISER'S CERTIFICATION: If asupervesoryappraiser signed the appraisal report. he or she certifies and agrees that. 6 directly supervise Inc appraiser who prepared the appraisal report. have reviewed the appraisal report, agree with the statements and conclusions of the appraiser. agree to be bound by the appraisers certifications numbered 4 through 7 above, and am taking full responsibility for the appraisal and the appraisal report. ADDRESS OF PROPERTY APPRAISED: 7378 County Road 1001 Lot -1 1. Carbondale CO 81523 APPRALS SUPERVISORY APPRAISER (only if required). Signature ( +C.1�I+fiw.+. Signature Name. Patrick_]. t'irrcnran Name. Date Signed. ,\hill 4, 2013 _ _ Date Signed State Certification 5 CR40018145 Slate Certification* or State License* or State Licensee Stale. CO State. Expiration Date of Certification or License: 12/31/2014 Expiration Data of �Certification or license. r Did did Not Inspect Property Freddie Mac Form 439 6-93 Page 2 of 2 Fannie Mae Forts 10046 6-93 Western Slope ,Appraisal Service, inc. PHOTOGRAPH ADDENDUM Borrower or Owner ESHELMAN, RODGER 13 & AMELIA S Preva ty Aodrese 7378 County Road 100 ( Lot -1 ) City Carbondale Coumr Gtrfeld. Client ESHELMAN, RODGER B & AMELIA S 100614-DSYTE-1 File No. 7450pV ate CO Zip Cede 81623 FRONT VIEW OF SUBJECT PROPERTY REAR VIEW OF SUBJECT PROPERTY STREET SCENE OF SUBJECT PROPERTY Western Slope Appraisal Service, Inc. 100614-DSYTE-I Fde No. 7A{ y PHOTOGRAPH ADDENDUM arrower or Omer ESHELMAN. RODGER B & AMELIA S Preeeny address 7378 County Road 100 ( Lot -1 ) crry Carbondale courtly Garfield state CO ESHELMAN, RODGER B & AMELIA S Criem Lrp Code 81623 View VIEW FROM PROPERTY Western Slope .Appraisal Service, Inc. PHOTOGRAPH ADDENDUM Bo Omer ESHELMAN RODGER B & AMELIA S Propemr Mdeass 7378 County Road 100 l I,oi -1 14 Carbon Carbon county Garfield 100614-DSY'TE-I File No 7450pV 5taae CO Lp code 81623 CI er ESHELMAN, RODGER B & AMELIAS COMPARABLE #1 TBD Callicotte Ranch ( lot 12 ) Carbondale, CO 81623 Price S220,000 Price/SF 46,709.13 Date 0222/2013 Sire Area 4.71 Acres/Sup Value lndicaliou Sl 15,00[t COMPARABLE #2 TBD Stonelly Drive Carbondale, CO 81623 Price 588,000 Price/SF 24,444.45 Date 03118!2013 Site Arra 3.60 .Acres Value 1ndeCalion 583;000 COMPARABLE #3 46 Pinon Lane Carbondale, CO 8162 3 Price $246,000 Price/SF 52,452.03 Date 03120/201 3 Site Area 4.69 Acres /sup Value Indication 5141,0011 Western Slope Appraisal Service, Inc. r 100614-D SYTE-I Foe No 74500' SITE PLAN ea lrmver or Owner ESHELMAN RODGER B & AMELIA $ ProvenyM ress 7378 County Road 100 { Lql } j City Cazlmndale Ccum p Garfield CIrem ESHELMAN. RODGER B & AMEI IAS a2,4 CO TIP Code 81623 5 C' A r; h� ;a gi if a! e! 7r R� S Y5 •u yy .g =;9 ,1l li, 4 A Q R R i �^ A x pik £ Ag$2 lAI I Q: a 2 II I - 2l M1 5 • 2•l !b A ,mf giro aq r 14. S00',6'1lw .2$/2 iP i 24 7E n n 4 14 a don ■ Western Slope Appraisal Service, Inc. 1 0 06 14-DSYTE-1 File No 7d 4rtntl LOCATION MAP Borrower or Owner ESHELMAN, RODGER. 8 & AMELIA S Property address 7378 County Road 100( Lot -I ) City Carbondale Ceunly Garfield Slate CO Zip Code 81623 cies ESHFLMAN. RODGER B & AMELIAS Jtional Forest j ij f •/`fir"-��"" . L5u1t a.�.�y' 5 Cp. p yid Cotto micro. Q� � LS Comp 1 q9 4t.. TED CIIIicc . Ranch ``' 1,:it 12 J CarbeadeN• CO 81E23 u 1 71 Alts SIN 3220.000 • Subject Comp 3 7778 Cowry Raid 100 ( Lea -1 ) Cazha*dalr. 00 8ten 44 Plum Lange Catondale CO 81 1.72 mils SW 5240.000 op7p ;ntc GARB ;rF° •'arm, Cattle Creek 821 1 IGggin tkrorie Grp, Siorrerg Park ReseIYQN In Comp 2 Carbondale TBD Stanally Dna 5-55 Snks M 4 C eft Sae•aO El Jebel Ler;ri S 1133) 2 Miles { $ 2013 adicroseft Corporatron C 20194 �.VrEQ L AND ' Western Slope Appraisal Service. Inc. 100614-DSYTE-I File tea. Lugo Borrower or Owner Property Mer ESHELMAN RODGER B & AMELIA S 7378 !County Road I00 ( Lot -1 ) Cil x Carbondale caamy_Sar_fi co ZipCoee 81623 awl ESHELMAN RODGER .13 & AMELrA S Western Slope Appraisal Service. Inc. • 100614-D5YTE-1 Fie No 745%V 1 C oPy To RemD1 c Document Fold and Tear 410rrc Tiros Perforation STATE OF COLORADO Duparreem of Regulatory Agenclea Dhrta ion of Real Estate Acivr Can Rtcyy.nfy Apprarsar 4."71:0 40(118145 Jan 1 20T Decal n 4 menu. Asea aye Era^es PAMa. JCePICOR,W 8LiffiV0 l0 0PRI1r.s Ci] SI hi. SECURE P/dER PATRICK J CORCORAN Type: CR Number 40018145 AREA HOME Phone -c13C HOME Address - Include City State. Zip ; `I n�,Zy,.4 • WO A. area (Thoma for a r10Me adlmr�e rrersu clonly Sv Lrriaeee mlf _m 4 TN1S16 YOUR INAtLc"T CARO LoPy 1 Western Slope Appraisal Service, Inc. �• 100614-DSYTE-I Fos Ns 74SOnV Plat Map l u tercorp In.surarrce Program Managers � a 03/11/11 Western Slope Appraisal Service, inc. and Corcoran Appraisal Group, Ltd. PO Box 1451 Basalt CO Fax #: (970) 963-08S0 81621 INC. Re: Errors & Omissions for Real Estate Appraisers Insurance Company: Lexington Insurance Company Binder #: 72892 Certificate Period: 03/23/11 to 03/23/12 Certificate #: J016086880 This note is to confirm that the application on file for the above named insured shows the following appraisers listed: Licensed Appraisers Daniel J. Corcoran Patrick J. Corcoran Allen G. Barry Ill Western 5tope Appraisal Service. Inc. ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, GO 80487 (800) 334-5493 Report to: Robert Donnelly Pinnacle Water Inc. 1107 Hendrick Dr Carbondale, CO 81623 Project ID: AGZ Project ID: L11434 Robert Donnelly: Bill to: Robert Donnelly Pinnacle Water Inc. 1107 Hendrick Dr Carbondale, CO 81623 April 22, 2013 Enclosed are the analytical results for sample(s) submitted to ACZ Laboratories, Inc. (ACZ) on April 04, 2013. This project has been assigned to ACZ's project number, L11434. Please reference this number in all future inquiries. All analyses were performed according to ACZ's Quality Assurance Plan. The enclosed results relate only to the samples received under L11434. Each section of this report has been reviewed and approved by the appropriate Laboratory Supervisor, or a qualified substitute. Except as noted, the test results for the methods and parameters listed on ACZ's current NELAC certificate letter (#ACZ) meet all requirements of NELAC. This report shall be used or copied only in its entirety. ACZ is not responsible for the consequences arising from the use of a partial report. All samples and sub -samples associated with this project will be disposed of after May 22, 2013. If the samples are determined to be hazardous, additional charges apply for disposal (typically $11/sample). If you would like the samples to be held longer than ACZ's stated policy or to be returned, please contact your Project Manager or Customer Service Representative for further details and associated costs. ACZ retains analytical raw data reports for ten years. If you have any questions or other needs, please contact your Project Manager. Sue Webber has reviewed and approved this report. FiE PAD.01.06.05.02 Page 1 of 16 A Z Laboratories, Inc, 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Pinnacle Water Inc. Project ID: Sample ID: ESHELMAN inorganic Analytical Results ACZ Sample ID: Date Sampled: Date Received: Sample Matrix: L 11434-01 04/02/13 10:35 04/04/13 Ground Water Field Data Parameter EPA Method Result Qual XQ Units MDL P©L Date Analyst pH (Field) Temperature (Field) Inorganic Prep Field Measurement Field Measurement 7.7 14.4 units C 04/02/13 10:35 04/02/13 10:35 rd rd Parameter EPA Method Result Qual XO Units MDL PCIL Date Analyst Total Recoverable Digestion Total Recoverable Digestion Metals Analysis M200.2 ICP M200.2 ICP -MS 04/12/13 10:17 aeb 04/08/13 16:24 las Parameter EPA Method Result qua! XQ Units. MAL POL Date Analyst Arsenic, total recoverable Cadmium, total recoverable Calcium, dissolved Copper, total recoverable Iron, total recoverable Lead, total recoverable Magnesium, dissolved Manganese, total recoverable Sodium, dissolved Uranium, total recoverable Zinc, total recoverable M200.8 ICP -MS M200.8 ICP -MS M200.7 ICP M200.7 ICP M200.7 ICP M200.8 CP -MS M200.7 ICP M200.7 ICP M200.7 ICP M200.8 ICP -MS M200.7 VCP 0.0016 34.9 0.01 0.0006 27.3 19.2 0,0076 0.02 mg/L 0.0002 0.001 04/10/13 5:05 pmc U mg/L 0.0001 0.0005 04/10/13 5:05 pmc B U u B mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/ 0.2 1 04/15/13 14:46 aeb 0,01 0.05 04/15/13 18:02 aeb 0,02 0.0001 0.2 0.005 0.05 0.0005 1 0.03 04/15/13 18:02 04/10/13 5:05 04/15/13 14:46 04/15/13 18:02 aeb pmc aeb aeb 0.3 2 04/15/13 23:31 jjc 0,0001 0.0005 04/10/13 5:05 pmc mg/L 0.01 0.05 04/15/13 18:02 aeb REPIN.02.06.05.01 ' Please refer to Qualifier Reports for details. Page 2 of 16 ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Pinnacle Water Inc. Project ID: Sample ID: ESHELMAN Inorganic Analytical Results ACZ Sample ID: Date Sampled: Date Received: Sample Matrix: Li 1434-01 04/02/13 10:35 04/04/13 Ground Water Wet Chemistry Parameter EPA Method Resu t Quad XQ Units MDL POL Date Malyst Alkalinity as CaCO3 Bicarbonate as CaCO3 Carbonate as CaCQ3 Hydroxide as CaCO3 Total Alkalinity Chloride Conductivity @250 Corrosivity (calc.) Fluoride Hardness as CaCO3 Lab Filtration (0.45um) & Acidification Lab Filtration (glass fiber filter) Nitrate/Nitrite as N pH (tab) pH pH measured at Residue, Filterable (TDS) @1800 Sodium Adsorption Ratio in Water Sulfate SM2320B - Titration SM4500C1-E SM2510B SM 2330 - CaCO3 SI SM4500E-C SM2340B - Calculation M200.7/200.8 SOPWC050 M353.2 - H2SO4 preserved SM4500H+ B SM2540C USGS - 11738-78 D516-02 - Turbidimetric 191 mg/L 2 20 04/10/13 0:00 jrP 7 B mg/L U mg/L 199 mg/L 7 mg/L 448 umhos/cm -0.1 SI Unit 0.7 mg/L 199 mgfL 2 20 04/10/13 0:00 2 20 04/10/13 0:00 2 20 04/10/13 0:00 1 5 04/18/13 9:43 1 10 04/10/13 20:37 04/22/13 12:23 0.1 0.5 04/17/13 12:50 1 7 04/22/13 12:23 04/12/13 16:30 Ijr Ijr Ijr bsu Ijr calc Ijr calc las 04/05/13 14:37 las 0.86 mg/L 0.02 0.1 04/18/13 23:22 pjb 8.4 20,0 270 0.6 29 11 • units 0.1 0.1 04/10/13 0:00 Ijr C 0.1 0.1 04/10/13 0:00 Ijr mg/L 10 20 04/05/13 16:53 Ijr 0.03 0.15 04/22/13 12:23 Calc mg/L 1 5 04/17/13 12:41 Ihb R EPI N.02.06.05.01 ' Please refer to Qualifier Reports for details. Page 3 of 16 ACZ Qualifiers (Qua!) ADZ Laboratories, Inc. 2773 Downhill Orrve Steamboat Springs, CC 80487 (800) 334.5493 - . norganic Reference Report Header Explanations Batch Found Limit Lower MOL PCN/SCN PQL QC ReG RPD Upper Sample A distinct set of samples analyzed at a specific time Value of the QC Type of interest Upper limit for RPD, in %. Lower Recovery Limit, in % (except for LCSS, mg/Kg) Method Detection Limit. Same as Minimum Reporting Limit, Allows for instrument and annual fluctuations. A number assigned to reagents/standards to trace to the manufacturer's certificate of analysis Practical Quantitation Limit, typically 5 times the MDL. True Value of the Control Sample or the amount added to the Spike Recovered amount of the true value or spike added, in % (except for LCSS, mg/Kg) Relative Percent Difference, calculation used for Duplicate OC Types Upper Recovery Limit, in % (except for LCSS, mg/Kg) Value of the Sample of interest QC Sample Types AS ASD CCB CCV DUP ice ICV ICSAD LCSS LCSSD LCSW Analytical Spike (Post Digestion) Analytical Spike (Post Digestion) Duplicate Continuing Calibration Blank Continuing Calibration Verification standard Sample Duplicate Initial Calibration Blank Initial Calibration Verification standard Inter -element Correction Standard - A plus B solutions Laboratory Control Sample - Soil Laboratory Control Sample - Soil Duplicate Laboratory Control Sample - Water L CS WD LFB LFM LFMD LRB MS MSD PBS PEW PQV SAL Laboratory Control Sample - Water Duplicate Laboratory Fortified Blank Laboratory Fortified Matrix Laboratory Fortified Matrix Duplicate Laboratory Reagent Blank Matrix Spike Matrix Spike Duplicate Prep Blank - Soil Prep Blank - Water Practical Quantitation Verification standard Serial Dilution QC Sample Type Explanations Blanks Control Samples Duplicates Spikes/Fortified Matrix Standard Verifies that there is no or minimal contamination in the prep method or calibration procedure. Verifies the accuracy of the method, including the prep procedure. Verifies the precision of the instrument and/or method. Determines sample matrix interferences. if any. Verifies the validity of the calibration. B Analyte concentration detected at a value between MDL and POL. The associated value is an estimated quantity. H Analysis exceeded method hold time. pH is a field test with an immediate hold time. L Target analyte response was below the laboratory defined negative threshold U The material was analyzed for, but was not detected above the level of the associated value. The associated value is either the sample quantitation limit or the sample detection limit. Method References (1) (2) (3) (4) (5) EPA 60014-83-020. Methods for Chemical Analysis of Water and Wastes, March 1983.. EPA 60018-93-100. Methods for the Determination of Inorganic Substances in Environmental Samples. August 1993. EPA 6001R-94-111. Methods for the Determination of Metals in Environmental Samples - Supplement 1, May 1994. EPA SW -846. Test Methods for EEvaluating Solid Waste. Standard Methods for the Examination of Water and Wastewater. -nes (1) (2) (3) (4) (5) QC results calculated from raw data. Results may vary slightly if the rounded values are used in the calculations. Soil, Sludge. and Plant matrices for Inorganic analyses are reported on a dry weight basis. Animal matrices for Inorganic analyses are reported on an "as received" basis. An asterisk in the "XQ" column indicates there is an extended quaifier andfor certification qualifier associated with the result. If the MDL equals the PQL or the MDL column is omitted, the PQL is the reporting limit. For a complete list of ACZ's Extended Qualifiers, please click: http:; www.acz.com+publiciextquallist.pdf REP001.09.12.01 Page 4 of 16 ACZ A CACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Pinnacle Water Inc. Inorganic QC Summary ACZ Project ID: L11434 Alkalinity as CaCO3 SM2320B - Titration Type Analyzed PCN/SCN OC Sample Found Unita Roc Lower Upper PM Limit 61wai WG341864 WG341864PBW 1 PBW 04/10/13 17:53 WG341864LCSW2 LCSW 04/10/13 18:07 WC130328.1 820 L11446-04DUP DUP 04/10/13 21:15 WG341864L0SW5 LCSW 04/10/1321:28 WC130328-1 820 W G341864PBW 2 PBW 04/10/13 21:38 WG341864LC5W8 LCSW 04/11/130:26 WC130328-1 820 W G341864 PBW 3 PBW 04/11/13 0:35 WG341864LCSW11 LCSW 04/11/13 3:56 WC130328-1 820 WG341864PBW4 PBW 04/11/134:05 WG341864LCSW14 LCSW 04/11/137:25 WC130328-1 820 Arsenic, total recoverable M200.8 ICP -MS U mg/L 750.7 mg/L 91.5 90 110 194 206-9 mg/L 767.2 mg/L 93.6 90 110 U mg/L -20 20 770.4 mg/L 94 90 110 2.1 mg/L -20 20 785.3 mg/ 95.8 90 110 U mg/L -20 20 797.5 mg/L 97.3 90 110 -20 20 6.4 20 w ID Type Analyzed PCN/SCN QC Lower Upper APO Limit awl WG341808 WG3418081CV ICV 04/10/133;40 MS130402-2 .05 .05127 mg/L 102.5 90 110 W 03418081GB ICS 04/10/13 3:43 U mg/L -0.0006 0.0006 WG341684LRB LRB 04/10/133:46 U mg/L -0.00044 0.00044 WG341684LFB LFB 04/10/13 3:49 MS130329.1 .05005 .05025 m9/L 100.4 85 115 L11430.03LFM LFM 04/10/13 4:50 MS130329-1 .05005 U .05219 mg/L 104.3 70 130 L1 1430-03LFMD LFMD 04/10/13 4:59 MS130329-1 .05005 U .05223 mg/L 104.4 70 130 0.08 20 Cadmium, total recoverable M200.8 ICP -MS Type Analyzed PCWSCN QC Sample Found Units Rec Lower Upper RPO Limit Qual WG341808 WG3418081CV ICV 04/10/133:40 MS130402-2 .05 .04979 mg/L 99.6 90 110 WG3418081CB ICB 04/10/13 3:43 U mg/L -0.0003 0.0003 WG341684LRB LRB 04/10/133:46 U mg/L -0.00022 0.00022 WG341684LFB LFB 04/10/133:49 MS130329-1 .0501 .04821 m9/L 96.2 85 115 L11430-03LFM LFM 04/10/13 4:50 MS130329-1 .0501 .0003 .0449 mg/L 89 70 130 L11430.03LFMD LFMD 04/10/13 4:59 MS130329-1 .0501 .0003 .04523 mg/ 89.7 70 130 0.73 20 Calcium, dissolved M200.7 ICP ACZ ID Type Analyzed PCWSCN OC Semple Found Unita Rec Lower Upper RPO Limit Qual WG342036 WG3420361CV ICV 04/15/13 14:23 11130114-3 100 98.55 mg/L 98.6 95 105 WG3420361CB ICB 04/15/13 14:27 U mg/L -0.6 0.6 WG342036LFB LFB 04/15/13 14:39 11130326-2 67.95918 70.84 mg/L 104,2 85 115 L11434-01 AS AS 04/15/13 14:49 11130326-2 67.95918 34.9 105.34 mg/L 103.7 85 115 L11434-01ASD ASD 04115/1314:52 11130326-2 67.95918 34.9 107.67 mg/L 107.1 85 115 2.19 20 REPIN.01.06.05.01 Page 5 of 16 ACZ ID ADZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Pinnacle Water Inc. Inorganic QC Summary ACZ Project ID: L11434 Chloride SM4500CI-E ACZ ID Type imilyeed PCN/S1CN OC Sample Found Units Rec Lower Upper RPD LIm/t Quell WG34224 s WG3422451CB ICB 04/18/13 9:15 U mg/L •3 3 WG3422451CV ICV 04/18/13 9:15 W1130131-1 54.945 58.8 mgfL 107 90 110 WG342245LFB1 LFB 04/18/139:43 W1130201-8 30 31.9 mg/L 106.3 90 110 L11434-01 AS AS 04/18/13 9:43 W1130201-8 30 7 39 mg& 106.7 90 110 L11452-01 DUP DUP 04/18/13 9:43 450 450 mg/L W0342245LFB2 LFB 04118/13 10:01 W1130201.8 30 31.8 mg& 106 90 110 Conductivity @25C SM2510B 0 20 ACZ ID Type Analyzed PCNISCN QC Sample Found Units Rec Lower Upper RPD Lund[ Dual WG341864 WG341864LCSW1 LCSW 04/10/13 17:56 PCN41036 1408.8 1421.1 lmhosfcrr 100.9 90 110 L11446-04DUP DUP 04/10/1321:15 1620 1614 imhos+crr WG341864LCSW4 LCSW 04/10/13 21:17 PCN41036 1408.8 1413 imhoslcrr 100.3 90 110 W3341864LCSW7 LCSW 04/11/130:15 PCN41036 1408.8 1402.8 imhos+crr 99.6 90 110 WG341864LCSW10 LCSW 04/11/133:44 PCN41036 1408.8 1394.7 Jmhoslcrr 99 90 110 WG341864LCSW13 LCSW 04/11/13 7:13 PCN41036 1408.8 1386.6 Jmhoslcrr 98.4 90 110 Copper, total recoverable M200.7 ICP 0.4 Type Analyzed PCNISCN DC Sample Found Units Rec Lower Upper RPD Limit dual WG342018 WG3420181CV ICV 04/15/13 17:34 11130114.3 WG3420181CB ICB 04/15/1317:40 WG341947LRB LRB 04/15/1317:56 W G341947L FB LFB 04/15/13 17:59 11130326-2 L11458-01 LFM LFM 04/15/13 18:11 11130326-2 L11458-01 LFMQ LFMD 04/15/13 18:14 11130326-2 SM4500F-C Fluoride 2 1.966 mg/L 98.3 95 105 U mgfL -0.03 0.03 U mg/L -0.022 0.022 .5 -492 mg.IL 98.4 85 115 .5 U .492 mg/L 98.4 70 130 .5 U .49 mgfL 98 70 130 0.41 20 ACZ ID Type Analyzed PCN/SCN QC Semple Found Units Roc Lower Upper RPD Limit Dual WG342163 WG34216310V ICV 04/17/13 12:33 WC130417-1 WG342163106 ICB 04/17/13 12:40 WG342163LFB1 LFB 04/17/1312:47 WC130313-8 L11434-01AS AS 0411711312:53 W0130313-8 L11434-01 DUP DUP 04/17/13 12:56 Iron, total recoverable 2.002 1.96 mgfL 97.9 95 105 U mg/L -0.3 0.3 5.005 4.85 mgt 96.9 90 110 5.005 .7 5.65 mg/L 98.9 90 110 .7 .62 mg/L M200.7 ICP 12.1 20 RA ACZ ID Type Analyzed PCNISCN DC Sample Found Units Sec Lower Upper RFD Limit Dual WG342018 WG3420181CV ICV 04/15/13 17:34 11130114-3 2 1.991 m9/L 99.6 95 105 WG3420181CB ICB 04/15/1317:40 U mg.1L -0.06 0.06 WG341947LRB LRB 04/15/13 17:56 U mg/L -0.044 0.044 WG341947LFB LFB 04/15/1317:59 11130326-2 1 .995 mgR 99.5 85 115 L11458-01LFM LFM 04/15/1318:11 11130326-2 1 U .995 mg.1L 99.5 70 130 L11458-01LFMD LFMD 04/15/13 18:14 11130326-2 1 U .996 mg/L 99.6 70 130 0.1 20 REPIN.01.06.05.01 Page 6 of 16 ACZ 1D ADZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs. CO 80487 (800) 334-5493 Pinnacle Water Inc. Inorganic QC Summary ACZ Project ID: L11434 Lead, total recoverable M2O0.8 ICP -MS ACZ ID Type Analyzed PCN/SCN GC Sample Found Units Rec Lower Upper HPD Limit Qua! WG3418O8 WG341808ICV ICV 04/10/13 3:40 W G341808106 ICB 04/10/13 3:43 WG341684LRB LRB 04/10/133:46 W G341684 L FB LFB 04/10/13 3:49 L11430.03LFM LFM 04/10/13 4:50 L11430-03LFMD LFMD 04110/13 4:59 MS130402.2 .05 MS130329-1 MS130329.1 MSI30329-1 .05005 .05005 .05005 Magnesium, dissolved M2OO.7 ICP .05343 U L1 .05075 0014 .05075 .0014 .05042 mg/L mg/L mg/L mg/L mg/L mg/L 106.9 90 -0.0003 -0.00022 101.4 85 98.6 70 97,9 70 110 0.0003 0.00022 115 130 130 0.65 20 Type Analyzed PCNISCN QC Sample Found Unite pec Lower Upper RPD Limit Qual W G342O36 WG3420361CV ICV 04/15/13 14:23 WG3420361CB ICB 04/15/13 14:27 W G342036LFB LFB 04/15/13 14:39 L11434-01 AS AS 04/15/13 14:49 L11434.01ASD ASD 04/15/1314:52 Manganese, total recoverable 11130114-3 100 11130326-2 49.99941 11130326-2 49.99941 11130326-2 49.99941 M20O.7 ICP 101.14 u 51.53 27.3 80-18 27.3 82.13 mg/L mg/L mg/L mg/L mg/L 101.1 95 -0.6 103.1 85 105.8 85 109.7 85 105 0.6 115 115 115 2.4 20 ACZ ID Type Analyzed PCN/SCN Sample Found Units Rec Lower Upper RPD Limit Dual WG342O18 W G342018ICV WG342018ICB WG341947LRB WG341947LFB Li 1458.01 LFM Li 1458.01 LFMD ICv ice LRB LFB LFM LFMD 04/15/13 17:34 04/15/13 17:40 04/15/1317:56 04/15413 17:59 04/15/13 18:11 04/15/13 18:14 11130114-3 2 11130326-2 11130326-2 11130326-2 5 .5 .5 Nitrate/Nitrite as N u u M353.2 H2SO4 preserved 1.925 u u 4864 4834 4827 mg/L mg/L mglL mg/L mgiL mg&L 96.3 95 -0.015 -0,011 97.3 85 96.7 70 96.5 70 105 0,015 0.011 115 130 130 0.14 20 ACZ ID Type Analyzed PCN/SCN Sample Found Units Lower Upper RPD Limit Dual WG342294 W G3422941CV W G3422941C8 WG342299 WG342299LFB L11434-01 AS L11545-01 OUP pH (lab) ICV 04418/13 18126 W1130411.3 2.416 CB 04/18/13 18:27 LFB 04/18/1323:21 W1130215-3 2 AS 04/18/13 23:23 W1130215-3 2 DUP 04/18/13 23:26 SM45O0H+ B 2.302 mg/L U mg/L 1.938 .86 2.878 .26 .261 mg/L mg/L mg/2. 95.3 90 110 -0.06 0.06 96.9 90 110 100.9 90 110 0.4 20 CZ ID Type Analyzed PCN/SCN OC Semple Found Units Upper RPD Limit Dual WG341864 WG341864LCSW3 LCSW L11446-04DUP DUP WG341864LCSW6 LCSW WG341864LCSW9 LCSW WG341864LCSW12 LCSW WG341864LCSW 15 LCSW 04/10/1318:11 PCN40853 6 04/10/13 21:15 04/10/13 21:31 PCN40853 6 04/11/13 0:29 PCN40853 6 04/11/13 4:00 PCN40853 6 04/11/13 7:28 PCN40853 6 6.01 8.2 8.19 6.02 6.01 6.01 6.02 units units units units units units 100.2 98 102 100.3 98 102 100.2 98 102 100.2 98 102 100.3 98 102 0.1 20 R E P I N.O1.06.05.01 Page 7 of 16 ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Pinnacle Water Inc. Inorganic Extended Qualifier Report ACZ Project ID: L11434 ACZ ID WORKNUM PARAMETER METHOD OVAL DESCRIPTHXIII L11434-01 WG342163 Fluoride WG342188 Sulfate SM4500F-C 0516-02 - Tu rbi di m etrie RA Relative Percent Difference (RPD) was not used for data validation because the sample concentration is too bw for accurate evaluation (< 10x MDL). M3 The spike recovery value is unusable since the analyte concentration in the sample is disproportionate to the spike level. The recovery of the associated control sample (LDS or LF13) was acceptable. REPAD.15.06.05.01 Page 9of16 ADZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Pinnacle Water Inc. Project ID: Sample ID: ESHELMAN Locator: Radiochemistry Analytical Results ACZ Sample ID: Date Sampled: Date Received: Sample Matrix: L11434-01 04/02/13 10:35 04/04/13 Ground Water Gross Alpha & Beta. total M900.0 Prep Method: Parameter Measure Date Prep Date Result Error(+/-) LLD Delta Xa Analyst Gross Alpha Gross Beta 04/12/13 10:34 04/12/13 10:34 9.6 3.3 1.8 10 3.6 4.3 pCi/L pCi/L mla mla REPRC.02.06.05.01 Please refer to Qualifier Reports for details. Page 10 of 16 ADZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 pm 334-5493 Radiochemistry Reference Report Header Explanations Batch A distinct set of samples analyzed at a specific time Error(+/-) Calculated sample specific uncertainty Found Value of the QC Type of interest L+'mit Upper limit for RPD, in %. LCL Lower Control Limit, in % (except for LCSS, mg/Kg) LLD Calculated sample specific Lower Limit of Detection PCN/SCtd A number assigned to reagentsistandards to trace to the manufacturer's certificate of analysis PQL Practical Quantitation Limit QC True Value of the Control Sample or the amount added to the Spike Ren Amount of the true value or spike added recovered, in % (except For LCSS, mg/Kg) RER Relative Error Ratio, calculation used for Dup. QC taking into account the error factor. RPD Relative Percent Difference, calculation used for Duplicate QC Types UCL Upper Control Limit, in % (except for LCSS, mg/Kg) Sample Value of the Sample of interest OC Sample Types DUP LCSS LCSW Sample Duplicate Laboratory Control Sample - Soil Laboratory Control Sample - Water MSJMSD PBS PBW Matrix Spike/Matrix Spike Duplicate Prep Blank - Soil Prep Blank - Water QC Sample Type Explanations Blanks Control Samples Duplicates Matrix Spikes Verifies that there is no or minimal contamination in the prep method procedure. Verifies the accuracy of the method, including the prep procedure. Verifies the precision of the instrument and/or method. Determines sample matrix interferences, if any. ACZ Quafllers (Quat) H Analysis exceeded method hold time. Method Prefix Reference M SM D RP ESM EPA methodology, including those under SDWA, CWA, and RCRA Standard Methods for the Examination of Water and Wastewater. ASTM DOE DOE/ESM Comments (1) (2) (3) (4) Solid matrices are reported on a dry weight basis. Preparation method: "Method" indicates preparation defined in analytical method. QC results calculated from raw data. Results may vary slightly if the rounded values are used in the calculations. An asterisk in the "XQ" column indicates there is an extended qualifier and/or certification qualifier associated with the result. For a complete list of ACZ's Extended Qualifiers, please click: httoliw .acz.com/oublic/extquallist.odf REP003.09.12.01 Page 11 of 16 3 a E 8 D n1 0 N N M N O 6 o co 0 A C9 !+ CY O r r r v K! uR P? N 47 q 0 +3' qry 4.! ao Jn grj 1 r cc ly n l[J r3 N RC 121602-2 C7 0 0 0 0 a a N a a v v Zr." `i ,00000 CC Ci W ill CC CC a CO a Cl W G341742 P8 W W G341742LCSW L 11331.01 DUP L 11443-05DUP L1 1334-01 MS 4 0 G) C0 0 pE 8 4 WG342032 to 0 r 0 m c7 rn rn of a a N N m W C C7 A r CO 0 N C m to p C3 iTV N <P. N .- 04 ni N C?. 4 01 09 01 m a a a a a a a 5 Q 0 C. d a 0 CC: CC W 111 CC CC co U 7 7 4!l a � d d 2 Li1331.010U P L11443.05DUP Li1444.01 MS REPRC.01.06.05.0 Page 12 of 16 N ADZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Pinnacle Water Inc. RadChem Extended Qualifier Report ACZ Project ID: L11434 ACZ ID IIY+3RICNUM PARAMETER MEMO QUAL DESCRIPTION 1111434.01 W6342032 Gross Alpha M900.0 M2 Matrix spike recovery was low, the recovery of the associated control sample (LCS or LFB) was acceptable. REPAD.15.06.05.01 Page 13 of 16 ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Pinnacle Water Inc. Certification Qualifiers ACZ Project ID: L11434 No certification qualifiers associated with this analysis 1REPAD.05.06.05.01 Page 14 of 16 pleslcOMelt a ACZ Laboratories, Inc. 2773 Downhill Drive Steamboat Springs, CO 80487 (800) 334-5493 Pinnacle Water Inc. Sample Receipt ACZ Project ID: L11434 Date Received: 04/04/2013 10:31 Received By: Date Printed: 4/4/2013 Receipt Vn 1) Is a foreign soil permit included for applicable samples? 2) Is the Chain of Custody or other directive shipping papers present? 3) Does this project require special handling procedures such as CLP protocol? 4) Are any samples NRC licensable material? 5) If samples are received past hold time, proceed with requested short hold time analyses? 6) Is the Chain of Custody complete and accurate? The date/time was entered on the COC per the information present an the sample containers for sample Cs) one. 7) Were any changes made to the Chain of Custody prior to ACZ receiving the samples? YES NO NA x x x x Lx -1 T 8) Are all containers intact and with no leaks? 9) Are all labels on containers and are they intact and legible? 10) Do the sample labels and Chain of Custody match for Sample ID, Date, and Time? 11) For preserved bottle types, was the pH checked and within limits? 12) Is there sufficient sample volume to perform all requested work? 13) Is the custody seal intact on all containers? 14) Are samples that require zero headspace acceptable? 15) Are all sample containers appropriate for analytical requirements? 16) Is there an Hg -1631 trip blank present? 17) Is there a VOA trip blank present? 18) Were all samples received within hold time? YES x x NO x x NA x�- [ )<=_= x x x x Chain of Custody Related Remarks Client Contact Remarks Shipping Containers Cooler Id 3880 Temp (°C) 2.3 Rad (aR/Hr) 11 Custody Seal Intact? Yes Client must contact an ACZ Project Manager if analysis should not proceed for samples received outside of their thermal preservation acceptance criteria. REPAD LPII 2012-03 Page 15 of 16 Matrix SW (Surface Watery GW (Ground Water) • WW (Waste Water) - OW (prinking Wats ) • SL (Sludge) • SO (Soil 01 (OO • Othe (Specify) 5 7r7 Please refer to ACZ's terms & conditions located on the reverse side of this COC. 1 ..a mwsg ACZ Laboratories, Inc. Z-1/9 341 2773 Downhill Drive Steamboat Springs. GO 80487 (800) 334-5493 Name: Ro4,'�' b°Nik 1E1iy company: +P 1 P-Ati•A A 4 U A { t.ke.. E-mail: Cti1100hla`i €PININAcAtw r 4., Name: Company: Name: Ro,ET Ti:i Dt.11.1E IN Company: Pi ti R ‘--1 E \AAcrE. i 1.4C E-mail: RD0A) 'ail C.i1INti.te\ wA— ate.Le nn Address: [ 1 C3 1 i -4; -:140P -1‹..k‹. t) R. doru 1E. e: i 3 ,cry Telephone: `i-() -'`\ - `j?) E-mail: Telephone: Address: ROI tial i +►k7R1 b Telephone: 910 - r 1 lj - c�- a.'i 3 If sample(S) received past holding time (HT). or if insufficien HT remains to complete analysis before expiration. shall ACZ proceed with requested short MT analyses'' if 7. Merl RCI wd! cU1 act (hent Mr (trap- lnWlnxtion It neither -*E5' nor `M7' I+, rreuIcatea ACZ proceed wain ale reljuesttG ac,a &es. even it rlt s exvrwa. aii.r ck la wd! bit 1i Nrrd YES NO Am samples for SI)WA Compliance Monitoring? Yes 1 + If yes, please include state forms- Results will be reported to PQL for Colorado. Sampler s Name:�aaP.. unoNf 11 Sampler's site information Quote #_ .St t,_,e,A lath, State 'n ar s o C.) o �i.) code Time Tle Lone �rnp r Protect/PO #. :-T-I 047u_ i` . si3019 arllo Reporting state for compliance testing: Lc) Check box if samples include NRC I E-` i-kei m rpt til censed material? b kA) (O i t =EMI IIMIIMMIMIIMIN F RMAt7O5O. 02.11.11 White - Return with sample. Yellow - Retain for your records. Page 16 of 16 MESA COUNTY HEALTH DEPARTMENT womrnp roomitorfor aHot lrhy community Customer Pinnacle Water (Culligan) 1107 Hendricl2 Dr Carbondale, CO 81623 Mesa County Health Department Regional Laboratory 510 29.5 Rd, Grand Junction, CO 81504 US Mail: PO Box 20,000, Grand Junction, CO 81502-5033 (970) 248-6999 fax (970) 683-6608 http:l/ health.mesacounty. usllab Sample Invoice # 895-13 Date Time Collected Bsi Collected 4/2/2033 10:35 AM RD System Eshelman Received 4/3/2013 10:25 AM Matrix Drinl?ing Water Carbondale CO Purpose Special Purpose Chlorine Location Hydrant Comments Test Name Total coliforms PA Result ABSENT Coliform/ABSENT E. coli or less than one (<1), indicates a microbiologically safe sample 4/4/2013 8:48:10 AM ✓ r r r r r r- r- r r r r r r r- r- r- r- r r r- r r- r r r- r r- r- r Q .t.,,y .c.�7 G. {Aa- .. �A,y�(,.�7 Aw(.,,7.A(,.7 (AaA{. A A A.Ca A �Ataa A A A.(,,.).(,u At,�.t� WWW A A A A A A. A A A A A W W . A A A. 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Ql CI] O C] F^ Z 2 E ria E E E E E E E E U E ct cot N O= 3 11 C 0 v. V T. it S1 N Z Ir- O O 11 m E �.t t1r -CI CC 2 H z 0 Co111O4 ML State Recom. Max. Limit Op CV *6053 I.l'} T- Q N ifl CV P- rs u. r o • 0 Ci (s) ani a) (7)c E Z Q U 0) it O L Q rrrtrt (J) tj ryu? 1 1�1 C = o u) 7a -5U 0° a) m Tv u],cv 1) 2c�a-» cy gi 472 3 tl8i C ^�' Zr N N 63j 2 ra C6 {3 a 0. Q. 0. Q (£i 32 :,- w I six a3 - zs — c c i Q Q 0. >, ..c O c 00.0 moTtm000mo CJ 1- z ca 1- (0 1--- if} U 0 U 0 T tV t7'Zr - NCO U W 1— CO 0) CIVIL ENGINEERING LAND SURVEYING MEMORANDUM To: Garfield County Staff and Consultant Engineer From: Dan Dennison Date: January 29, 2013 Project: Pioneer Point Subdivision Subject: Hogan and Pioneer Point Lot 1 Access Improvements Below is a summary of driveway improvements to the Hogan Driveway to date: 1) Mr. Eshelman has added a 25-31 foot wide asphalt apron to the existing Hogan drive which involved creating a low spot away from County Road 100 to improve drainage and provide an improved flat area for vehicles to stage before turning onto County Road 100. This improvement was requested by the County Road and Bridge and has improved the safety of the proposed shared driveway. Any additional flattening of the bottom of the driveway would have created a negative impact on the grades of the driveway up to the Hogan ADU intersection. 2) The existing grades vary from 6% to 18%. The most significant grades are along the first 130 feet of the driveway off of County Road 100. This driveway has a direct connection to the Hogan ADU at approximately 100 feet off of County Road 100 which restricts the amount of regrading that can be done and still serve this unit. Mr. Eshelman has smoothed out this stretch of road to provide a more consistent grade through the first curve to lessen the steep grades. 3) The first 90-100 feet of the Hogan Driveway is the only section of road that is required to meet the semi primitive road standard. This sections has been widened to over 20 feet (which is the standard for drive lanes plus shoulders) and has a typical width of about 23 feet. The first right hand curve in the road was widened to 30 feet. Beyond the first 1.00 feet is where the primitive residential road standard would begin based on the trip counts for only two residences. This section of road was also widened beyond the single 12 foot lane required to allow two-way traffic up to the switchback where the Lot 1 access will be extended. This switchback was also widened by 10 feet on each side at the direction of the County to provide a proper turnaround area for emergency vehicles. The Carbondale and Rural Fire Protection District and Garfield County Road and Bridge are satisfied with the existing shared driveway centerline slopes based on site visits and a test drive assuming the improvements to the apron and turnouts were maintained. These improvements to the width of the driveways, horizontal curves, and turnarounds have improved the overall safety of the intersection and the shared driveway. 1517 BLAKE AVENUE, SUITE 1 01 GLENWOOD SPRINGS, CO 81 601 970-945-8676 • PHONE 970-945-2555 • FAX WWW.HCENG.COM 4) Mr. Eshelman has also resurfaced the sections of the driveway shared between Hogan and Pioneer Point Subdivsion. This included the placing 3"minus gravel at the switchback for the widening in conjunction with adding a 2" top layer of Class 6 from the asphalt apron to the south end of the switchback where the Lot 1 driveway will be extended to improve traction. This is an improvement over the prior condition of the approved Hogan driveway. 5) There are also upgrades to the existing maintenance of the shared driveway in the winter time to prevent slick conditions during the winter months. The placement of a stockpile of sand at the top and bottom of the steep section of the access (over 12%). This will allow the residents/guests to spread material to provide additional grip on the road when slick conditions remain following the plowing of the road. 6) The shared road agreement will also detail the triggers for plowing of the road; a detailed description of how the costs of plowing will be split between the Eshelmans, Hogans. and future parties; and the timing and method of plowing that will be required. 7) The vegetation exceeding 18" in height on both sides of the Hogan intersection of County Road 100 will be trimmed back to the existing County Road right-of-way fencing to provide better sight distance for vehicles along County Road 100 in order to improve the sight distances to cars coming down the driveway and react if a vehicle appears to be entering the County Road without stopping. 8) The applicant will comply with the conditions of approval associated with the County Road and Bridge department's comments which have been either previously been met or will be met through a separate process from the subdivision. A driveway permit through the County Road and Bridge Department will insure that the County is satisfied that the improvements to the Lot 2 and 3 driveway and completed in a timely manner. We believe that with these improvements and the proper maintenance, the existing driveways will be adequate to allow the additional and existing residential units to be accessed from the existing driveways. 1517 BLAKE AVENUE, SUITE 101 GLENWOOD SPRINGS, CO 81601 970-945-8676 • PHONE 970-945-2555 • FAX W W W. HC ENG. COM Glenn Hartmann From: Michael Prehm Sent: Monday, January 28. 2013 4:17 PM To: Glenn Hartmann Cc: rbeshelman[gmail.com Subject: Pioneer Point Subdivision Attachments: Driveway Permit Roger Eshelman.pdf Glenn, Thanks for the update from Dan Dennison on the Hogan driveway. Attached is a copy of the Driveway Permit issued to Roger on his driveway. Under special conditions I have extended the time on the installation of the V -Pan apron until June 15, 2013. This is due to availability of asphalt. With the ground being frozen I also agreed with Roger that I would (when the ground thaws) assist him with the installation of the Stop Signs. Any Questions please give me a call Mike 9 01/24/2013 12:41 FAX LTICGarfleld County tjapi1,211(PriveNvrty Per it Person Obtaining Permit; Roger B. L'sl►eirlrfru Application Date: 1/23/2013 County Roars Number: 100 Permit Number; GRB13-D4 Termination Date: 2123/2013 District: Glen 1 ileo'/ inspector: Alike Pretuu L3 002 hereby requests periniSSiOfl Mutt authority from the 13onrd of i*Conlnhissianers to cothstnict a driveway approach (es) on the right-of-way off of County Road, .11 .25 Miles +1- CR 100 & CR 103, located on the Egg side of road for the purpose of obtaining access to property, Applicant submits herewitit for the consideration and approval of the Board of County Commissioners, a sketch of the proposed installation showing ell tho necessary specification detail including: I. Frontage of lot along road. 2. Distance from centerline of road to property line, 3. Number of driveways requested 4. Widal of proposed driveways and angle of approach. 5. Distattca from driveway to road intersection, iftuiy- b. Size and shape of area soperatidriveways if more than one approach. 7. Setback distance of buileliag(a) and other strirctvt'e improvements. 8. No unloading of equipment on county road any damage caused to county road will bo repaired at subdivision expGlrse. 9. Responsible for two years from tltc date of completion. atm, yielons 1) The applicant represents all parties in interest, and affirms that the driveway approach (es) is to be constructed by him for the bona fide purpose of securing access to his property and not for the purpose of doing business or servicing vehicles on the road right of way. 2) The applicant shall furnish all labor and materials, perform all work, and pay all costs in connection with the coihatritction of the drlvoway(s). All work shall be completed within shirty (30) day of the permit data. 3) The typo of consti'trctian shall boas designated nodi❑' approved by sire Board of Com 1y Commissioners or their representative and all materials used shall be of satisfactory quality and subject to inspection, and approval of the Hoard of County Commissioners or their representative. 4) The traveling public shall be protected during the installation with proper warning signs and signals and the Board of County Commissioners and their d►rly appointed agents and employee shall be held harmless against any action for personal injury or property damage sustained by any reason of rho exorcise of the Permit. 5) The Applicant shall assume responsibility for the removal or clearance of snow ioc, or sleet upon any portion of the driveway approach (es) even though deposited on the driveway(a) hi the course of the County MOW 1'enhaval operations, 6) In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the entrance shall be surely braced before the fence is cut to prevent any slacking of the remaining fence end all posts and wire removed shall be turned over to the District Road Supervisor of the Board of County Commissioners. Received Time Jan, 24. 2013 12:40PM No, 5)36 01/24/2013 12:41 FAX $pecificatloiis cj003 I , A tlt'ivewey approaolt is understood to be that portion of the county road right -of way between the pavement edge and the property line that is designed anti used for the interchange of traffic between the roadway and abutting properly. 2. At any intersection, a driveway shall be restricted fon` a sufficient distance from the ii crsection to preserve the normal and safe movement of traffic, (It is recommended for auritI residence entrances tint a minimum intersection cicaranco of 50 feet be provided and for rural commercial entrances a minimum of 100 fent be provided,) 3, All entrances and exits shall be so located and consllucled that vehicles approaching or using theta will be able to obtain ndequate sight distance in both directions along the county road in order to maneuver safely and without interfering with county road traffic. 4. The Applicant shall not be permitted to erect any sign or display Materiel, either fixed or movable, on or extending over any portion of the county road right-of-way, 5. Generally, no more than one approach shall be allowed Wiry parcel or property the frontage of which is less than one hundred (100) feet. Additional entrances or exits for parcels leaving n frontage in excess of one inindrecl 300) feet shall be permitted only after showing of actual convenience earl necessity. 6. All driveways shall be so Ideated dint the flared pvrllon adjacent to the traveled way will not enoronch upon adjoining property. 7. No commercial driveway shell have a width greater than thirty (30) feet rnenstn'etl at right angles to the centerline of the driveway except as increased by permissible radii. No noncommercial driveway shall have a width greater than twenty (20) foci measured at right angles to the centerline of the driveway, except as increased by permissible radii. 8. The axis of an approach to the rend may be at a right Angle to the centerline of the carroty road and of nay angle between ninety (90) degrees and sixty (60) degrees but shall not be less then sixty (60) degrees. Adjustment will be tirade according to the type of (raffle to be served and other physical conditions, 9. The censIllrction of parking or servicing areas on the county road right-of-way is specifically prohibited. Commercial establishments fon' customer vehicles should provide off -tile -road parking facilities. 10, The grade of entrance and exit shall slope downward and away from the road seance at the same rate es the normal sliotilder slope and for e distance equal to the 1vidth of the shoulder but in no case loss than twenty (20) feet from the pavement edge. Approach grades ore restricted to not more than ten pereenl (10%). 11. AlI driveways and approaches shrill be so constructed that they 311411 1101 interfere with the drainage system of the street or county rood. The Applicant will be required to provide, at his own oxlacnse, drainage structures at entrances and exits, which will become an integral part of the existing drainage system, The Board of County Commissioners or their representative, prior to installation, roust approve the dimensions end types anti drainage strttctries% Note: This permit shall be made nvalinble al the site where anti ►viten work is taelutg dvate. A work sketch or drawing oldie proposed drive►vny(s) mat accompany eppllcatl0ri. No permit will he issued without drawing, blueprint, or sketch. Received Time Jan, 24. 2013 12:40PM No. 5736 1 01/24/2013 12:41 FAX • 1004: 7) No revisions or additions shall be made to the driveway(s) or its appurtenances on the rigltt•of way without written permission of the Board of County Commissioners. 8) Provisions and specifications outlined herein shall apply on all roads under the jurisdiction of the Board of County Commissioners of Garfield County, Colorado, and Ilio Specifications, set forth on the attached hereof and incorporated heroin as conditions hereof. 9) final Inspection of tlrivcway will be requited upon completion nrul mast be approved by parson issuing permit or representative of person 'dotting permit, The inspection and sign off must be clone prior to airy CO from Iia Building and Planning Department beltrg Issued. Sneelai candltiolis; 1. Driveway \Wilt- 40ft 2. Culvert required? False Size: N/A by NM. 3. Asphalt or concrete pad required? Trite Size of pail: 30ft Wide x 10ft long x 41n thick 4, Gravel portion required? false Length: Ma 5. Trees, brush nirrlfor fence }iced to be removed for visibility? Trite 6. Distance and Dlreellon;300' each direction 7, Certified'1'raffie Control Required? False 8. Work zone signs required? Trice 9, Stop sign required at entrnnec to County Road. 10. V-1'iu1 required 11. Apron }mist be completed by 6/15/13 In signing this application and upon receiving authorization and permission to install the ctrivewi,y approach (cs) described herein tho Applicant signifies that he hos read, understands and accepts tate foregoing provisions and conditions and agrees to construct the drivcway(s) in accordance with the accompanying specification }flan mimed and approved by the Board of Comity Commissioners. V r 4.‘444'" - Signed; Addrest$t 1 CCa , 3/,y Telephone Number 0U Permit grained 1123/2013, subject to the provisions, specifications anti conditions stipulated herein. For Board of C: my Commissioners' of Garfield County, Colorado: Representative of Garfield County Road and Bridge Si. at nee Received Time Jan, 24. 2013 12:40RM No. 5736 :F1/24/2013 12:41 FAX ...do/9)2_ '4J %� )1v%' � I ) r/ 5Sc % / Q/' Cie /00 -1-- C /03 A/7'19 see, `K#/7 SON/ r1 Received Time Jan 24. 2013 12:40PM No.5736 C;Wir 14)637), 60 eC)/e 7c:01-/ .�- Aron/' 4/2/6al4 Glenn Hartmann From: Roger B. Eshelman [rbeshelman@gmail.com] Sent: Wednesday, January 23, 2013 8:21 AM To: Glenn Hartmann Subject: Pioneer Sub..pdf Attachments: Pioneer Sub.. pdf; ATT00001 txt Hi Glenn, Mike Prehm was very helpful ,and although he is not changing his recommendation that I pave my apron,He was very creative and said he could work with you and me on the timing so that it would not hang up us getting this project completed. The details of that are forthcoming but he sounded confident and he knows what I want and what I'm willing to do. Also,were you able to contact the state representative about the water quality issue? The State's position seems to be Based on the number of units and the number of people using the water. Please follow up on that ASAP and get back with me so I can complete that end of it . Thank you so much !Roger 1 Glenn Hartmann From: Chris Hale [chris@mountaincross-eng.com] Sent: Tuesday, January 22, 2013 5:26 PM To: Glenn Hartmann Subject: RE: Pioneer Point Subdivsion - Hogan and Lot Glenn: It seems Ok. I would've preferred that the snow/winter specific items be listed separately and/or better grouped together but I wilt leave that up to you. Any other items to reword, let me know. I will be out of the office tomorrow but back on Thursday. Sincerely, Mountain Cross 1,ngineering. Inc. Chris Hale, P.E. 826 1/2 Grand Avenue Glenwood Springs, CO 81601 Ph: 970.945.5544 Fx: 970.945.5558 From: Glenn Hartmann jmailto:ghartmann@garfield-county.com] Sent: Tuesday, January 22, 2013 2:01 PM To: Chris Hale Subject: FW: Pioneer Point Subdivsion - Hogan and Lot Hi Chris: Attached is Dan's Pioneer Paint response. Please review and call to discuss. 1 am considering requesting one or two minor word additions/changes. Thanks. Glenn. From: Dan Dennison [mailto:DDennison@hceng.comj Sent: Tuesday, January 22, 2013 1:07 PM To: Glenn Hartmann Cc: Roger B. Eshelman; Roger Neal Subject: Pioneer Point Subdivsion - Hogan and Lot Glenn, Attached is the updated letter you requested at our meeting on Friday in regards to the Hogan/ Pioneer Point Lot 1 Access. Dan Dennison High Country Engineering, Inc. 1517 Blake Avenue Glenwood Springs, CO 81601 Ph: (970) 945-8676 Fx: (970) 945-2555 Email: ddennisonaa,hceng.com NOTICE: Use of this electronic media by anyone other than High Country Engineering, Inc, shall be at the sole risk of such user and without liability or legal exposure to High Country Engineering, Inc. By saving these file(s), the user accepts responsibility for this electronic media. 1 Glenn Hartmann From: Roger B. Eshelman [rbeshelman@gmail.com] Sent: Wednesday, January 16, 2013 6:35 PM To: Glenn Hartmann Subject: Fwd: Pioneer Point Subdivsion - Conditions of Approval Attachments: Roadwaiver.pdf; ATT00001.htm Sent from my iPhone Begin forwarded message: From: Dan Dennison <DDennison@hceng.com> Date: January 16, 2013, 4:59:17 PM MST To: "Roger B. Eshelman" <rbeshelman@gmail.com> Cc: Roger Neal <rneal@hceng.com> Subject: Pioneer Point Subdivsion - Conditions of Approval Roger, Please review the email below and let me know if you want any revisions. The attachment is a collection of all the new documents that Mountain Cross Engineering has not seen yet in regards to the driveways. Glenn, Below is Mr. Eshelman's rebuttal to the condtions of approval as currently written in the draft resolution. 8a. Attached is a package of documents previously presented that we believe meets the need to documentation the County wants. This is will be our submittal once the resolution is approved and we review with Staff. We have no objection to this condition. These documents were previously submitted and each piece is an exihibit in public hearing exhibits which the County's Consultant Engineer has not yet had a chance to review. Sb. We would like this note removed because we already widened this road and have no plans to make further changes. The variances from code were covered under the approved waiver request. 8c. When and where would this review occur? We are asking the road extension to be part of the Lot 1 work and this would be allowed via the plat note to be provided by Carey. The waiver asked that the BOCC to approve the centerline grade up to 14% on Lot 1 as well as the 11.85% slope and primative residential road standard for the extension across the Hogan property as reflected in the preliminary plan drawings. Can this condition be eliminated? 8d. We have installed a asphalt apron on the Hogan/Lot 1 driveway and widened the road about 23' to exceed the 20' total width required for the semi rural standard. We asked in the waivers to eliminate the road and bridge request to pave the apron and add stop signs to both entrances. lithe waivers were approved we see no reason to ask Mr. Eshelman to still install these other improvements. Can this condition be eliminated? 1 8e. No oto this condition to provide drainge improvments and erosion control if this statement is only coveringour 180 extension. We have no intentions of changingthe existing portions ofthis driveway. B[ The condition was already completed as reflected in Exhibit Z of the preliminary plan public hearing exhibits. Can this condtion be elirninated? 9. Will this item be removed if the plat note add ' the Lot 1 work is allowed by the County Attorney? Dan Dennison High Country Engineering, Inc. 1S17Blake Avenue Glenwood Springs, CO 81601 Ph: (Q7O)Q4S-8G78 Fx: (970) 945-2555 Email: ddennison@hceno.com NOTICE: Use ofthis electronk media by anyone other than High Country Engineedng. Inc. shall be at the sole nsk ofsuch user and without Iiability or legal exposure to High Country Engineering, Inc. [3y saving these filets), the user accepts responsibility for this electronic media. 2 CIVIL ENGINEERING January 3, 2012 Garfield County Building & Planning Department 108 8th St. Suite 401 Glenwood Springs, CO 81601 ycoOnnont Cinninany LAND SURVEYING RE: Request for Design Waivers and Amendments to Conditions of Approval This letter replaces the previous technical waiver request letter. This is a supplement to Public Hearing Exhibit G and we ask that this letter become a public hearing exhibit as well. The requirements set forth in the new 2030 Comprehensive Plan and the Unified Land Use Resolution 2008 asks for a number of studies, plans, and design standards that put an excessive financial burden on the property owner. This project is not adding an additional access point onto County Road 100. The current property already has two residences in place and this plan changes one of those residences from a guest house into a primary residence on a newly created lot. We want to clarify that this subdivision has the potential for adding only one new primary residence over the existing conditions. The County has also discussed with the property owner that this process would be treated more like a subdivision exemption due to the minor impact ofthe project. Below are narratives on why we feel the waiver requests are justified: Visual Analysis We have provided an analysis of the visual impact in this submittal. A building site on Lot 1 will not affect the view lines to the east due to a ridgeline on BLM land. The building permit submittal for Lot 1 will address screening the eventual building location from views to the west. Open Space Plan This subdivision will not have any open space for public use or shared use by the lot owners. We feel that for this small of a project the open space plan is not applicable. Erosion Control Plan There is no need for an erosion control plan because the there are no plans for subdivision improvements as part ofthe project. The work to provide utilities and access across Lot 1 will be done as part ofthe building permit and erosion control will be handled at that stage. 1517 SLAKE AVENUE, SUITE 101 GLEvWOOD SPRINGS, CO 81601 9709453676•PHONE 970-945.2555 • FAX WWW.HCENG.cOM Landscape Plan There is no need for a landscape plan because the objective is to not have any subdivision improvements as part of the subdivision plans. The native vegetation is detailed in the Pioneer Point Subdivision Vegetation Description. Groundwater and Aquifer Recharge Areas The site is currently served by a well from which the future Lot 1 residence will also be served. The wastewater will be treated with the use of a septic tank and infiltration field. The vast majority of the water used will return to recharge the groundwater, The project currently has two separate operational septic systems in place for the existing homes. A geotechnical evaluation will be done for the Lot 1 building permit to find a location for the septic field that is capable of adequately supporting waste disposal. Environmental Analysis This property is already in use as a residential property and that will not change with the addition of the new residence. Wildlife Study We have included the reference to the wildlife habitat profile mapping found on the Garfield County website. This was addressed in the sketch plan submittal. Radiation Hazard Study We would like a waiver from this requirement due to the low impact involved with this project. A further analysis will be provided for the building location on Lot 1 when research is done for building permit. Subdivision Improvements Agreement We would like to avoid the requirement of and SIA due to the limited amount of improvements to provide access and utilities to Lot 1. The Eshelman's have already made improvements to extend the Lot 1 water service to within 50 feet of Lot 1 and upgraded the Hogan driveway apron on County Road 100 per discussions with the Garfield County Road and Bridge Department. The rest of the improvements can be done in conjunction with the building permit work for Lot 1 with minimal work to complete the 175 feet of driveway from the Hogan Property to Lot I and the final stretch of 1.25" water service on Lot 2. The easements will be in place on the Hogan property and an Lot 2 once the plat is recorded to allow for this construction in the future. Please refer to exhibit Q for the formal request by the applicant's attorney to waiver the SIA. Roadway Standards The north lot will utilize a shared driveway in place on the Hogan property to the north of the proposed subdivision. This driveway is currently serving a primary residence and an ADU. This access will become a shared access and will have an easement recorded prior to final plat that will give Lot 1 traffic access across the Hogan property along the existing drive up to the switchback and then continues across the Hogan property to the lot line with Lot 1 Pioneer Point. This easement will provide access to a yet to be determined building envelope location. The existing portion of this driveway has been examined by the Deputy Chief of the Carbondale Fire District, Bill Gavette, and determined that the current driveway is adequate for emergency access (see exhibit M). This driveway was allowed by the County in the past and is currently in use. The steepest section is the first leg of the existing driveway to a point where the Hogan ADU traffic is diverted off the shared driveway. This section of road that serves 3 residences is approximately only 90 feet long. This section of the road is currently tops out at 18% slope and is approximately 23' wide. We are asking for a design standard waiver to allow this first segment of driveway to stay in its current configuration in order to avoid a third access point off of County Road 100. Most importantly, this proposed subdivision plan will not add any additional access points onto County Road 100 and with the shared driveway proposal it would avoid the need for several hundred feet of driveway up from the county road to a suitable building pad on Lot 1 and create an unnecessary negative visual impact to the area. An asphalt apron has been added to the Hogan driveway at County Road 100 per the request of the Garfield County Road and Bridge Department to keep runoff away from the County Road and to keep loose gravel off the thru lanes. The stretch of road from that exceeds 15% is through the curve in front of the existing ADU structure. Any reduction in grade would negatively affect the access to this existing unit. The 180' extension of the road across Hogan's property to the Lot 1 lot line will be per the primitive residential standard of 12' wide and a minimum 3' wide roadside ditch. We are asking for a road standard waiver to allow this new section of driveway to and across Lot 1 to be up to 14% grade in sections along the driveway for more flexibility in accessing a yet to be determined building footprint. The fire department will make an evaluation of where we should be adding a pullout on this section of road once the building location is selected. The portion of the driveway extension across the Hogan property does not need a pullout due to the short length and the switchback at the beginning of the extension already providing a turnaround location. This driveway to the Hogan property was approved previously for the existing main house and ADU. The addition of this additional traffic will not negatively affect the safety of the access which has already been recently improved by creating a low point before beginning the climb to the ADU. Mr. Eshelman is asking for a waiver to avoid an adjustment to the existing grades, lane width, drainage changes, and the need for a stop sign. Mr. Eshelman is also requesting a variance from the request from Garfield County Road and Bridge to improve the entrance to the exiting Eshelman driveway by installing a paved apron and adding a stop sign. The traffic counts will not increase on this driveway from the existing number of trips so we would ask that no changes be made to the previously approved driveway. School Impact Fee Mr. Eshleman would be glad to pay the school impact fee based on the County Assessor's valuation of his newly created lot. However, we strongly request a waiver from the process requiring a private appraisal of said lot because the costs associated with the appraisal would end up exceeding the impact fee and that appraised value becomes public record. Open Land Requirement Mr. Eshelman would like to waive the open land requirement in the 2030 comp plan for the Pioneer Point subdivision because the subdivision was laid out prior to the 2030 comp plan. We were at the submittal stage and actively working with the County staff on our project during the change over to the 2030 comp plan. Again we are only adding one additional primary residence on this property and the there is already the provision in the Rural Zone Districts limitations one lot coverage to 15%. Water Quality Testing Mr. Eshelman would like to have the extensive water testing requirements for a subdivision waived. Mr. Eshelman has been using this existing water source for his primary residence and guest house for many years with no issues related to the tap water. Testing of the well water from the front hose bib was performed in November of 2008 and the results can be seen on the final page of Section N of the preliminary plan application. An additional test for bacteria was performed on 1/2/13 which verified an E. coli content within State water quality standards. The costs to perform additional testing is not practical for a project where only one additional unit will be served off an existing well. Below are requests for amendments to the conditions of approval: Redesignation of Existing Guest House to Primary Residence Mr. Eshelman would like for the existing guest house to be recognized as the primary residence for Lot 3. Dog Restrictions Mr. Eshelman would like to eliminate the restriction on "off leash" dogs. He would like to mandate that any dog's on the property that are not on a leash be properly trained to be under voice command. This will be detailed in the covenants and the standard subdivision plat note will be revised to reflect this as well. Fireplace Restrictions Mr. Eshelman would like to have the right to install one (1) open hearth solid -fuel fireplace or one (1) sold -fuel burning stove on all 3 of the proposed Pioneer Point Subdivision lots. This will be detailed in the covenants and the standard subdivision plat note will be revised to reflect this as well. This request is based on the rural nature of the property. Sincerely, Dan Dennison HIGH COUNTRY ENGINEERING, INC. CIVIL ENGINEERING November 27, 2012 Glenn Hartmann Garfield County Building and Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 An 1=lnhtpyt, OwDe4 Comt+m+4 Re: 2061070.00 Waterline and Driveway Apron Dear Glenn, LAND SURVEYING Roger Eshelman has asked that HCE review the installation of the waterline and curb apron and address whether the two items have been installed per the plans and county regulations. Roger provided pictures of the installation but HCE was not available for inspection during the installation. Waterline: It appears that there are two service lines installed from the connection to the existing service line. At the connection there is one curb stop sizes I-1/4". It appears that there is 1.5" of blueboard insulation around the curb stops which reduce any potential for freezing. At 6' of depth this was not required, but is added insurance. The pictures of the ladder show approximately 6-7 ladder rungs to existing grade which would be consistent with 6' of bury depth. There are several photos that show the insulation and Roger indicated that the insulation runs the entire length of the installation. There was also a plastic vapor barrier and marker tape added but not required, Brass compression fittings were located at the tee to the barn and the connections. Bedding was provided via onsite material that was free of rocks. Schedule 40 encasement is shown in several photographs and was required wherever the waterline would be within 10' of the sewerline or septic field. It appears that the encasement does sufficiently extend beyond the areas that would lie within 25' of the depicted leach fields. The waterlines were pressurized up to working pressure and there was no observed leakage by the landowner. Based on the photographs provided, it appears that the water services were adequately constructed. Driveway Apron Roger indicated that a saw -cut was performed at the edge of the driveway and the area from the edge of the asphalt to the back of the apron which was approximately 1 1 ' was dug out to a depth of 4". Then a new 4" asphalt apron was placed from the country road to the back of the apron. 1517 Blake Ai.enue, Suite 101 Glenwood Springs, CO 8160 Telephone )970) 945 -86Th fax (970) 945-2555 Pioneer Point Subdivision 11/26/2012 Page 2 The width at the county road is 31' and the back of the apron is 25'. Mr. Eshelman indicated that water flow across the pan follows along the joint between the old and new asphalt. See pictures on the following pages. Based on review of the photos and descriptions provided, 1 believe the water services and the asphalt apron were adequately installed and constructed to the intent of the design. Sincerely, Roger Neal, P.E. High Country Engineering, Inc. Insulation and moisture barrier Encasement being installed Pioneer Point Subdivision 11/26/2012 Page 2 Start of Encasement before Curb Stop Installed Service Curb Stop and yard hydrant. End of Encasement at Barn Pioneer Point Subdivision. 11/26/2012 Page 2 Existing Asphalt at County Road and de for new asphalt. Finished Asphalt Apron Pioneer Point Subdivision 11/26/2012 Page 2 Finished Asphalt Apron CIVIL, ENGINEERING LAND SURV MEMORANDUM To: Roger Eshelman From: Dan Dennison Revised: November 27, 2012 Project: Pioneer Point Subdivision Subject: Hogan Shared Driveway Grades The existing grades vary from 6% to 18%. The most significant grades are along the first 130 feet of the driveway off of County Road 100. This driveway has a direct connection to the Hogan ADU at approximately 100 feet off of County Road 100 which limits the amount of regarding that can be done and still serve this unit. An asphalt apron has been added to the driveway to help control runoff onto County Road 100 from the driveway. This improvement was based on concerns from Garfield County Road and Bridge with drainage. The Carbondale and Rural Fire Protection District and Garfield County Road and Bridge are satisfied with the existing driveway centerline slopes based on site visits and a test drive assuming the improvements to the apron and turnouts were .maintained. The slope of the driveway at the switchback is 6% and this fork in the road will be used as a turnaround for emergency vehicles. HCE is aware that this driveway does not meet County roadway standards. However, this driveway has been in use for some time now and there have not been any traffic incidents that the property owners are aware of up to the time the submittal and emergency access is being satisfied. 1517 BLAKE AVENUE, SUITE 101 G LEN WOOD SPRINGS, CO 81601 970945-8675* PHONE 970`948-2555 . FAX WWW.IICENG,COM ExH15(r Tom Scott From: Roger B. Eshelman [rbesheiman@gmail.com] Sent: Monday, November 26, 2012 1:48 PM To: Roger 8. Eshelman; Tom Scott; Dan Dennison Subject: Pioneer point subdivision Road standard waiver request responses. 1. Garfield County indicated support for repurposing Hogan driveway instead of adding a new access point. 2. A referral letter from the Colorado Department of wildlife also support no new access point. 3.A referral letter from Garfield County Road and Bridge department head Mike Prem also supports a waiver from roads standards on both the Eshelman driveway and the Hogan driveway saying it would not be "practical or make sense"to hold these roads to current road standards. 4.Garfield County has already approved the existing Hogan driveway for his new residence, and the road has serviced all kinds of construction traffic including dump trucks , cement trucks, lumber trucks and construction workers for over a year. 5. At the county's request the road was widened 10 feet on each side on the switchback at the start of access towards lot one. 6. To facilitate the steeper grade the road was also widened by 10 feet at the first right hand turn. 7. An inch and a half of road base at a depth of approximately 2 inches was added and graded in from the intersection of County Road 1e0 up to and past the switchback at the access point to lot one. 8. A four -inch thick asphalt apron 31 feet wide and 11 feet deep was added where the driveway and the Countyroad meet. 9. The area directly above the apron was re- graded and road -based and compacted for approximately 50 feet. 10. The Carbondale fire department deputy chief Bill Gavett,actually drove his firetruck up this road and said it met his approval for emergency vehicle access.(see attached letter) 10. This road only serves three residences for the first approximately 90 feet and that first residence is an approved APU occupied only on a part-time basis . 11. Garfield County Road and Bridge Director Mike Prem, indicated in his referral letter statement, that a 3% grade at the bottom of this drive would only compound things making the driveway steeper, 12. The entrance to the Eshelman driveway has served that family for some 20+ years. Mike Prem seems to support no changes are needed there and nothing new is being proposed to be added. We request a waiver from an apron at that driveway. And because of the rural nature of this project we are also asking for a waiver for the stop signs on both driveways. 1 Glenn Hartmann From: Roger B. Eshelman [rbeshelman@gmail.com] Sent: Tuesday, November 20, 2012 11:02 AM To: Glenn Hartmann Subject: Pioneer point lot one curb stop Attachments: photo.JPG; ATT00001.txt Frost protection is shown here. Glenn Hartmann From: Roger B. Eshelman [rbeshelman@gmail.com] Sent: Tuesday, November 20, 2012 11:01 AM To: Glenn Hartmann Subject: Pioneer point subdivision Attachments: photo.JPG, ATT00001 _txt This curb stop is for the 1 1/4 inch pure core water line that is the point of origin for the water supply to lot one, From lot two approximately 400 feet in length. there's also a 1 inch line that serves the barn on lot two with a yard hydrant approximately 200 feet long . both waterlines are inside 4 inch PVC pipe as a shield , and are buried past 6 feet deep bedded in fine dirt , covered with inch and a half blue foam as a frost barrier , with black permanent plastic over the blue foam as a water barrier. • KERST & STRAUTMAN P.C. ATTORNEYS A PROFESSIONAL CORPORATION ATTORNEYS AT LAW DAN KERST dan@kerststrautman.com CAROLYN M. STRAUTMAN caro ly n @ ker ststra utm a n, cam Glenn Hartmann, Senior Planner Garfield County Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 823 BLAKE AVENUE, SUITE 202 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945.2447 FACSIMILE- (970) 945-2440 October 22, 2012 Re: Pioneer Point Subdivision Our File# 14212 Dear Glenn: (Via Entail) ATTORNEYS KELLY CAVE kelly@kerststrautman.com PARALEGAL ELISABETH GETZEN egetzen@kerststrautman.com 1 am writing on behalf of my client, Roger Eshelman, in regards to his application for the Pioneer Point Subdivision (the "Subdivision"). Lot 1 of the Subdivision is not developed at this time. The road access from County Road 100 and water line from the well on Lot 3 have not been completed. My client wishes to have the future owner of Lot 1 install the water line to Lot 1 and finish the road access from County Road 100. Mr. Eshelman intends to make these improvement requirements a condition of the sale of Lot 1. Therefore, Mr. Eshelman is requesting a waiver from the Board of County Commissioners of the completion of the road access and water line to Lot 1 until such time that Lot 1 is sold to a third party. The proposed restrictions on the sale of Lot 1 are attached for your review. Please contact me if you wish to discuss this further. xc: Roger Eshelman (via email) Dan Dennison (via email) U J:c Lxliynpu.0 Harr num! dm, Yours very truly, KE LY • • Click on th Glenn Hartmann From: Dan Dennison [DDennison@hceng.com] Sent: Wednesday, October 17, 2012 11:22 AM To: Glenn Hartmann Cc: River Meadows Mobile Home Park Subject: Pioneer Point Subdivsion Attachments: 63007387_2_Commitment.pdf Glen, Attached is the updated title commitment showing the mineral rights holder document for Colorado College in Schedue B-2. This matches the mineral rights sheet in the package. Dan Dennison High Country Engineering, Inc. 1517 Blake Avenue Glenwood Springs, CO 81601 Ph: (970) 945-8676 Fx: (970) 945-2555 Email: ddennisonAhcenq.com NOTICE: Use of this electronic media by anyone other than High Country Engineering, Inc. shall be at the sole o i;k of such user and without liability or legal exposure to High Country Engineering, Inc. By saving these file(s), the user accepts responsibility for this electronic media. From: kbeereboom@ltgc.com [mailto:kbeereboom@Itgc.com] Sent: Monday, October 15, 2012 9:02 AM To: Dan Dennison, RBESHELMAN@GMAIL.COM Subject: Land Title Delivery (7378 COUNTY ROAD 100)(our 63007387) 0 View this email in full HTML in your browser Associated Documents • Deed, Reception Number: 181901 • All documents as one RDF Navigating and Understanding your Title Commitment Summary Click on the blue links in the Table of Contents to go to a specific section • • Click on a blue email address link in the Contacts section to send an email to that party back to topllinks to return to the top of the email Click on the blue links within the body of the email to view a related document 1 • Green underlined text indicates changes from the previous Title Summary For general information on title insurance, please refer to htto://www.alta,ora/consumer Commitment Summary .. 7378 County Road 100 (63007387) View Printable Version Table of Contents • LTGC Contacts • Delivery Parties • Order Information • Coverages • Title Fees • Reauirements • Exceptions • Disclosure Your land Title Guarantee Company Contact For Title Assistance: • Glenwood Springs "GW" Unit 1317 GRAND AVE #200 GLENWOOD SPRINGS, CO 81601 970-945-2610 Fax: 970-945-4784 Commitment Ile!her. Panic aek to tap) • ROGER ESHELMAN 7378 COUNTY RD 100 CARBONDALE, CO, 81623 • H#GH COUNTRY ENGINEERING Attn: DAN DENNISON EMail: ddennison@hceng.com + ROGER ESHELMAN 7378 COUNTY ROAD 100 CARBONDALE, CO 81623 Attn: ROGER ESHELMAN EMail: RBESHELMAN@GMAILCOM Sent Via EMail Order Information F4 -hack to tap} Property Address: 7378 County Road 100 Carbondale, Colorado 81623 County of Garfield, State of Colorado Legal Description: A PARCEL OF LAND SITUATED IN THE W1j2NE1j4 SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST QF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 2 COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 18 A 2 1/4' BRASS CAP IN PLACE THENCE 5 32° 07'22" W A DISTANCE OF 2250.87 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID W1/2NE1/4 THE POINT OF BEGINNING; THENCE S 00° 16'39" W ALONG SAID EASTERLY LINE A DISTANCE OF 425.22 FEET; THENCE LEAVING SAID EASTERLY LINE N 87° 35'30" W A DISTANCE OF 270.10 FEET TO A POINT 30 FEET OFF THE CENTERLINE OF COUNTY ROAD NO. 100, AS CONSTRUCTED IN PLACE, A REBAR AND CAP L.S. #5447 FOUND IN PLACE; THENCE N 30° 20'54" W A DISTANCE OF 468.01 FEET TO THE SOUTHWEST CORNER OF THAT PROPERTY DESCRIBED IN RECEPTION NO. 486692 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE N 28° 00'22" W ALONG THE EASTERLY RIGHT-OF-WAY FOR COUNTY ROAD NO. 100 (AS DESCRIBED IN RECEPTION NO. 486692) A DISTANCE OF 372.97 FEET; THENCE LEAVING SAID RIGHT-OF-WAY N 85° 12'35" E A DISTANCE OF 458.09 FEET; THENCE 5 01° 07'30" E A DISTANCE OF 3€1.96 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID RECEPTION NO. 486692; THENCE N 88° 52'30" E ALONG SAID SOUTHERLY LINE A DISTANCE OF 219.97 FEET TO THE POINT OF BEGINNING COUNTY OF GARFIELD STATE OF COLORADO Plat Map(s): APN(s): R011396 Tax Information: Effective Date & Time July 13, 2012 at 5:00 P.M. Interest: A Fee Simple Seller(s) ROGER B. ESHELMAN AND AMELIA S. ESHELMAN Vesting Deed(s) / (View dates for 24 month Chain of Title): 10-10-2003 Buyer(s) / Borrower(s): TO BE DETERMINED Proposed Insured & i overage Estimated Title Fees t3hack to top) hack to top) ALTA Owners Policy 06-17-06 TBD Total Estimated Title Fees: $0.00 Requirement baek to top) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. 3 Exceptions J x kback to lop) 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 8. DEED OF TRUST DATED JUNE 05, 2007 FROM ROGER B. ESHELMAN AND AMELIA S. ESHELMAN TO THE PUBLIC TRUSTEE OF COUNTY FOR THE USE OF ALPINE BANK BASALT TO SECURE THE SUM OF $280,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED JUNE 14, 2007, UNDER RECEPTION NO. 725541. MODIFICATION AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED FEBRUARY 04, 2008, UNDER RECEPTION NO. 74.2308. 9. DEED OF TRUST DATED JUNE 01, 2007 FROM ROGER B. ESHELMAN AND AMELIA S. ESHELMAN TO THE PUBLIC TRUSTEE OF COUNTY FOR THE USE OF ALPINE BANK TO SECURE THE SUM OF $220,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED JUNE 15, 2007, UNDER RECEPTION NO. 725679. 10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 17, 1909, IN BOOK 71 AT PAGE 368. 11. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 17, 1909, IN BOOK 71 AT PAGE 368. 12. TERMS, CONDITIONS AND PROVISIONS OF DEED RECORDED IN BOOK 521 AT PAGE 149. 13. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO, 89-035 RECORDED MAY 03, 1989 IN BOOK 753 AT PAGE 544. 14. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED JANUARY 05, 1990 IN BOOK 770 AT PAGE 597. 15. TERMS, CONDITIONS AND PROVISIONS OF CONTRACT RECORDED APRIL 25, 1990 IN BOOK 777 AT PAGE 586. 16. TERMS, CONDITIONS AND PROVISIONS OF INSTRUMENT RECORDED OCTOBER 10, 2003 IN BOOK 1528 AT PAGE 607. 17. TERMS, CONDITIONS AND PROVISIONS OF BOUNDARY LINE ADJUSTMENT AFFIDAVIT RECORDED OCTOBER 10, 2003 IN BOOK 1528 AT PAGE 609. 18. EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SHOWN ON ESHELMAN/HOGAN BOUNDARY LINE ADJUSTMENT MAP RECORDED OCTOBER 10, 2003 UNDER RECEPTION NO. 638443 19. ANY BOUNDARY DISCREPANCY DUE TO THE LOCATION OF FENCE LINES AND THE EFFECT OF ANY RIGHT, TITLE OR INTEREST THAT MAY BE CLAIMED DUE TO ANY SAID DISCREPANCY. 20. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION RECORDED APRIL 28, 2008 AT RECEPTION NO. 747393. 21. DEED OF TRUST DATED AUGUST 29, 2008, FROM ROGER B. ESHELMAN AND AMELIA S. ESHELMAN TO THE PUBLIC TRUSTEE OF COUNTY FOR THE USE OF ALPINE BANK TO SECURE THE SUM OF $150,000.00 RECORDED SEPTEMBER 09, 2008, UNDER RECEPTION NO. 755368. 22. T;RMS AND RESERVATIONS FOR MINERALS IN DEED RECORDED MARCH 6 1953 UNDER RECEPTION NO. 181901. --. 4 Disclosure Statements k to top) LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: 1. The subject real property may be located in a special taxing district. 2. A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. 3. The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or Filing in the clerk and recorder's office shall contain a top margin of at least one inch and a Ieft, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: 1. The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. 2. No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. 3. The Company must receive an appropriate affidavit indemnifying the Company against un -filed mechanic's and material -men's liens. 4. The Company must receive payment of the appropriate premium. 5. If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay, Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. 1. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and 2. That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. 5 Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Open the attached pdf version of the commitment to view our PRIVACY POLICY. The above Summary is provided for information purposes only. To the extend that it conflicts with or otherwise varies from the actual commitment provided, the latter will govern. The above links and associated images are provided for information purposes only. They are not guaranteed as to accuracy, availability or quality. These images are provided for informational purposes only. They are not guaranteed as to availability or quality. These documents are PDF (Portable Document Format) files and can be viewed or printed with Adobe Acrobat Reader''''. If you do not have Adobe Acrobat ReaderTM on your system, you can download it for free from Adobe. Some of these documents may be designed to print on LEGAL paper. To print these on LETTER paper, select the "Fit to Page" option from within the Acrobat Reader. If you want to print on LEGAL paper, select legal -size paper from within the "Print Setup" dialog box from within the Acrobat Reader. Content in this email is Copyright LT Systems, L.L.C. All rights reserved. 10/22/2012 15:55 FAX • AMENDMENT TO AGREEMENT • 16 on T,� is AMENDMENT TO AGREEMENT (the "Amendment") is made this eiday ,�, of , 2012, by Roger D. Eshelman and Amelia S. Eshelman (collectively "Eshelman"), whose address is 7378 County Road 100, Carbondale, Colorado 81623, and Ann V. Hogan ("Hogan"), whose address is 7330 County Road 100, Carbondale, Colorado 81623. REC1TALs A. Eshelman is the owner of Parcel No. 2391-181-00-027 of the Garfield County Assessor's records also known as 7378 County Road 100, Carbondale, Colorado 81623 ("Eshelman Parcel"). Eshelman is currently in the process of subdividing the Eshelrnan Parcel into three (3) lots as the Pioneer Point Subdivision. 13. Hogan is the owner of Parcel Number 2391-181-00-026 of the Garfield County Assessor's records also known as 7330 County Road 100, Carbondale, Colorado 81623 ("Hogan Parcel"). C. The parties previously executed an October 10, 2003, recorded as Reception No. 638444 in the records of the Garfield County Clerk and Recorder's office (the "Agreement"), D. The parties wish to amend the Agreement in accordance with the following terms and conditions. AGREEM ENT In consideration of the mutual promises and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Eshelman and Hogan hereby grant and agree as follows: 1. Deletion of Paragraph 5 of the A ecment. Paragraph 5 of the Agreement is hereby deleted in its entirety. No building envelopes shall be enforced on the Eshelman Parcel. 2. Restatement of Paragraph 7 of the A�reernent. Paragraph 7 of the Agreement is hereby amended and restated in its entirety as follows: 7. Covenants Run With Land. The agreements, covenants, restrictions, conditions, easements, and obligations herein contained shall be covenants that run with the land and shall be binding on all persons 'having or acquiring any right, title, or interest in the Eshelman Parcel and the I logan Parcel. 3. Ratification. Except as provided herein, all provisions of the Agreement shall remain unaltered and are hereby ratified and reaffirmed. Page 1of2 10/22/2012 15:56 FAX • SIGNED this - • day of GC , 20 I - • • STATE OF COLORADO COUNTY OF GARFIELD ) ss. M002 a„, Ann V, Hogan (Amelia S. Eshelman r' The foregoing instrument was acknowledged before (2 do (, 2012, by Ann V. Hogan. Witness my hand and official seal. My commission expires: 1.2_, J 2.24 i I q S'L'ATE OF COLORADO COUNTY OF GARFIELD ) ss. ) Me this 141 day of The foregoing instrument was acknowledged before me this / 0 day of O . 2012, by Roger B. Eshelman and Amelian S. Eshelman. Witness my hand and official seal. / My commission expires: 0/ —O (T f 3 Notary Public 10/22/2012 15:56 FAX • • [j0O3 ROAD USE, UTILITY ANIS MAINTENANCE AGREEMENT This ROAD USE, UTILITY PIND MAINTENANCE AGREEMENT (the "Agreement") is made this q+4, day of O 20 l , by Roger B. Eshelman and Amelia S. Eshelman (collectively "Eshelman"), whose address is 7378 County Road 100, Carbondale, Colorado 81623, and Ann V. Hogan ("Hogan"), whose address is 7330 County Road 100, Carbondale, Colorado 81623. RECITALS A. Eshelman is the owner of that real property described as Lot 1 of the Pioneer Point Subdivision Plat recorded , 2012 as Reception No. in the records of the Clerk and Recorder of Garfield County ("Lot 1"). B, Hogan is the owner of Parcel Number 2391-181-00-026 of the Garfield County Assessor's records also known as 7330 County Road 100, Carbondale, Colorado 81 623 ("Hogan Parcel"). C. The parties previously executed a Road Sharing Agreement dated September 4, 2008, and the parties wish to amend and restate said Road Sharing Agreement in its entirety. D. Ry this Agreement, Hogan desires to provide fur the access to Lot 1 via a shared roadway as shown on the attached Exhibit A incorporated herein by this reference and impose on Lot 1 and the Hogan Parcel, as covenants running with the land, the obligations to maintain the shared roadway as described herein. AGREEM ENT In consideration of the mutual promises and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Eshelman and Hogan hereby grant and agree as follows: 1. Easements. Hogan hereby dedicates and ratifies to the Owners) of Lot 1 perpetual, non-exclusive easements as follows: (a) An easement for access and utility purposes upon, over and across the thirty (30) feet in width Access & Utility Easement from County Road 100 to Lots 1 as depicted on Exhibit A (the "Shared Roadway") for the use benefit and enjoyment of the Owners of Lot 1 and the Hogan Parcel, their successors, assigns, agents, employees, tenants, guests and invitees, for private access roadway and utility purposes. The rights granted herein shall include the right to maintain said Shared Roadway as provided herein, and to transport on and over the Shared Roadway vehicles, materials, equipment, and other property as reasonably related to the exclusive uses conveyed hereby. All maintenance, repair and additional costs as provided for in this Agreement, shall be paid for equally by the Owners of Lot 1 and the Hogan Parcel for that portion of the Shared Roadway mutually utilized for access to said Owner's property. All costs of snow removal sufficient to allow access via four wheel drive vehicles over and across the Page 1 of 5 10/22/2012 15:56 FAX • to • 2001 Shared Road by police, sheriff, fire protection, ambulance and other similar emergency agencies or persons, shall be equally paid by the Owners of Lot 1 and the Hogan Parcel. Use of the Shared Road shall be restricted to access to and from Lot 1 and the Hogan Parcel. The Shared Road may not be used for the parking or storage of vehicles or equipment. Either Owner of Lot 1 or the Hogan Parcel may install a gate at the intersection of the Shared Roadway and County Road 100. If both parties desire such a gate, the parties shall equally pay for all costs of installation and maintenance of same. If only one party desires such a gate, the requesting party shall pay ail costs associated with the gate and provide a key to the other Owner to guarantee access in accordance with this Agreement. No additional gate or other obstruction shall be constructed on the Shared Road without unanimous approval of the Owners of Lot 1 and the Hogan Parcel. No switchback shall he installed on the Hogan Parcel. All expenses, maintenance, snow removal and construction fees association with the Shared Roadway south of the existing driveway to the Hogan Parcel shall be the sole responsibility of the Owner of Lot 1. Nothing in this Agreement shall be construed to obligate any party to pay any costs associated with non -shared structures. (b) An easement for the construction, improvement, maintenance, repair and replacement of the Shared Road south of the Hogan Parcel's existing driveway and adjacent to the Shared Road and under the surface of the Hogan Parcel in the location depicted on Exhibit "A" attached hereto (the "Construction Easement") for the use benefit and enjoyment of the Owners of Lot 1, their successors, assigns, agents, employees, tenants, guests and invitees. The Construction Easement includes up to twenty-five (25) feet below the existing grade of the Hogan Parcel Property within the Construction Easement. In connection with the Owner of Lot is use of the Construction Easement, the Owner of Lot 1 shall have the right to temporarily disturb the real property located in the Construction Easement; provided, however that any damage or disturbance to the Construction Easement caused by the Owner of Lot 1 shall be promptly repaired and restored by the Owner of Lot 1, at no cost to the Owner of the Hogan Parcel, to the fullest extent reasonably possible to its pre- existing condition upon completion of the construction, improvement, maintenance, repair, replacement, and if deemed necessary by the Owner of Lot 1, the removal of the Shared Roadway south of the existing driveway to the Hogan Parcel. The Owner of Lot 1 shall use its best efforts to save the existing pinon tree located at the entrance to the existing driveway to the Hogan Parcel_ 2. Enforcement. The Owners of Lot 1 and the Hogan Parcel agree to cooperate in the future maintenance, operation, repair, replacement and/or improvement of the Shared Road. In the event the Owners are unable to agree on any required maintenance, repair, replacement or improvement, any Owner shall be entitled to undertake the minimal maintenance, repair, replacement or improvement necessary and essential for proper functioning of the Shared Road, specifically including paving. In the event an Owner determines to undertake such minimal work unilaterally, such Owner shall notify the other Owner in writing. The Owner undertaking the minimal work shall, upon completion, provide the other Owner with a written statement of work performed and the other Owner's proportionate share of the cost of same. Notwithstanding Page 2 of 5 10/22/2012 15:57 FAX • • • the foregoing, either party may unilaterally install and pay for paving the Shared Roadway at said parties sole cost. 3. Payment of Expenses. All expenses to be paid by the Owner of Lot 1 or the Hogan Parcel hereunder shall be paid within thirty (30) days after such Owner receives notice of such expense. If an Owner fails to pay such Owner's share of an expense as herein provided, such unpaid amount shall accrue interest at the rate of one percent (1%) per month, compounded monthly, commencing at the end of the thirty (30) day period when such payment is due. If the non-paying Owner fails to pay any amount due hereunder within sixty (60) days after the date due, another Owner who has paid such expense may exercise such legal or equitable remedies as are available to collect such unpaid amounts, including interest, in which event the prevailing party shall be. entitled to recover reasonable attorney's fees and costs incurred. 4. Covenants Run With Land. The agreements, covenants, restrictions, conditions, casements, and obligations herein contained shall be covenants that run with the land and shall be binding on all persons having or acquiring any right, title, or interest in the above-described Lot 1 and the Hogan Parcel. 5. Amendment and Termination. The covenants and agreements herein contained shall continue in full force and effect until amended or terminated by written instrument executed by the Owner(s) of the Lot 1 and the Hogan Parcel. 6, Notices. Notice as hereinabove required shall be deemed delivered upon being placed in the United States Mail, postage prepaid, and bearing the address of the Owner or Owners as shown in the records of the office of the Assessor of Garfield County, Colorado, 7. Multiple Owners ecessor . Any reference in this Agreement to an Owner of Lot 1 or the Hogan Parcel shall be deemed to include all Owners of such real property, collectively, and shall also refer to all successors of such Owner or Owners, 8. Indemnities. Each of the parties hereto as Owner of Lot 1 and the Hogan Parcel described herein, and their respective heirs, successors and assigns (the "indemnifying Owner") agrees to protect, indemnify and hold harmless the other party, and their respective successors and assigns (the "indemnified Owner"), from and against any loss, damage, claim or defense, against any and all suits, claims, demands, expenses, losses, liabilities or damage of any kind or nature, including, without limitation, reasonable attorneys' fees and costs, arising directly or indirectly out of any claim of third parties asserted against the Indemnified Owner: (1) attributable to any conduct of the Indemnifying Owner; (ii) relating to the use of the respective Shared Road by the Indemnifying Owner and its invitees and guests, whether authorized or not authorized; (iii) for claims due to personal injuries or property damage caused by the Indemnifying Owner and its invitees and guests; or (iv) due to mechanic's liens created by conduct or acts of the Indemnifying Owner. 9. Governing Law. The validity and effect of this Agreement shall be determined in accordance with the laws of the State of Colorado. 10. st a Public Dedication. Nothing contained in this Agreement shall be deemed to be a gift or dedication of any portion of the property subject to or benefiting from it to or for the Page 3 of 5 10/22/2012 15:57 FAX • • 0006 general public or for any public purpose whatsoever, including, but not limited to, dedication as a public street. 11. Severability, If any provision of this Agreement shall be invalid, illegal or unenforceable, it shall not affect or impair the validity, legality or enforceability of any other provision of this Agreement, and there shall be substituted for the affected provision a valid and enforceable provision as similar as possible to the affected provision. SIGNED this day of d , 20 STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) t�,,,,The foregoing instrument was o lr Zbl2, by Anil V. Hogan. Witness my hand and official 1 My commission expires: Ann V. Hogan acknowledged before me this [Gla ea . 11 Qi day of Page 4 of 5 10/22/2012 15:57 FAX • • STATE OF COLORADO ) ss. COUNTY OF GARFIELD @I007 The foregoing instrument was acknowledged before me this U day of O , 2012, by Roger B. Eshelman and Amelian S. Eshelman. Witness my hand and official seal. My commission expires: 06—o V-7-47/3 Notary Public Page 5 of 5 10/22/2012 15:58 FAX Z008 EXHIBIT A ACCESS - UTILITY AND CONSTRUCTION EASEMENT NE 1 14 OF SECTION 18, TOWNSHIP 7 SOUTH,RANGE 87 WEST OF THE 6Th P.M. COUNTY OF GARFEILD, STATE OF COLORADO 550'33'58"W 15.64' A = 88'45'10" R = 40.00' L = 61.96' CB— 589'24'02"W 0 55.95' N46`13'23"w 14-16' B O8.41'37'" R _ 200.00' L — 30.35' CB— N41'52'34"W C — 30,32'r 1 1a o I Ilk Q a r 05'32'31" R "- 200.00' L = 19.35' CB= 547'47'43"W C= 19.'34' POINT of TERMINUS (NE CORNER SECTION 16�' BEARS; N53'09'51 "E 2646.98') 1 O 30' ACCESS y� do UTI ENT EASFIA£NT HOGAN PARCEL BOOK 1528 PAGE 609 • 6 = 0&'21'00" = 200.00' L = 29.15' 08= N41`42'16"W C — 29.12' 0 — 04'42'31" R = 200.00' L = 16.44' CB= N43 -31'31"w C = 1643' PROPERTY LINE �--� — N8512'35'1 230.51' 37.26' POINT OF BEGINNING J (NC CORNER SECTION 15 BEARS: 1444'49'01 "E 2565.23') ESHELMAN PARCEL BOOK 1528 PAGE 609 HIGH COUNTRY ENGINEERING, INC. 1517 BLAKE AVENUE, ITE 101 GLENWOOD ilRUiQ3, CO E I&Q1 iPHONE (9701S4/3-067. FAX (9701 P4 5586 ROGER ESHELMAN G- ARF1ELD COUNTY, CO DRAWN PK 1" - 50' X37.1 BC ALE: CHECKCO Err: HOGAN/ESHELMAN FW1-1 206107'.DWG ACCESS -UTILITY & CUNSTRUCT1ON EASETAT NT PROJECT Na BATE: PAGE: 1 [7F 2 8-22.12 FILE: J'ISOS J/R06/1Si70/OAoc/BW-C^.MT-Vw0 10/22/2012 15:58 FAI t 009 EXHIBIT A ACCESS " UTILITY AND CONSTRUCTION EASEMENT NE1 /4 OF SECTION 18, TOWNSHIP SOUTN,RANGE 87 WEST OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO ,ACCESS AND I,JTILITY EASUMFN C A 30 FOOT WIDE STRIP OF LAND SITUATED IN THE WI/2NE1/4 OF SECTION 18, TOWNSHIP 7 SOU FH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID STRIP OF LAND LYING 15 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT 1HE NORTHEAST CORNER OF SAID SECTION 18, A 2 •1/4" BRASS CAP IN PLACE; THENCE. 544'49'01"W A DISTANCE OF 2568.23 FEEI TO A POINT ON THE NORTHERLY BOUNDARY OF Tl -AT PROPERTY DESCRIBED IN RECEPTION N0. 486692 OF TRIC GARFIELD COUNTY CLERK AND RECORDER'S OFFICE THE H INT QF IKGINNIItG: THENCE LEAVING SAID NORTHERLY BOUNDARY ALONG TIME CENTERLINE OF SAID EASEMENT N4110'15" W A DISTANCE OF 33.65 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 04'42'31", A DISTANCE OF 16.44 FEET (CHORD BEARS:1,443'31'31'W A DISTANCE OF 16.43 FEET), THENCE CONTINUING ALONG SAID CENTERLINE N45'52"46"W A DISTANCE OF 78.53 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 08'21'00", A DISTANCE OF 29.55 FEET (CHORD BEARS:N41"42`16"W A DISTANCE OF 29.12 FEET); THENCE CONTINUING ALONG SAID CENTERLINE N3711'46"W A DISTANCE OF 141,68 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 08'41'37, A DISI ANCE OF 30.35 FEET (CHORD DEARS: N41'52'34"W A DISTANCE OF 30.32. FEET); THENCE CONTINUING ALONG SAID CENTERLINE N46'13'23"W A DISTANCE OF 11.16 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 40.00 FEET AND A CENTRAL ANGLE OF 88'45'10", A DISTANCE OF 61.96 FEET (CHORD BEARS: 589'24'02°W A DISTANCE OF 55.95 FEET); THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 05'32'31", A DISTANCE OF 19.35 FEET (CHORD BEARS; S47'47'43"W A DISTANCE OF 19.34 FEET): THENCE CONTINUING ALONG SAID CENTERLINE S50'33'58"W A DISTANCE OF 15.64 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF COUN IY ROAD 100, THE POINT OF TERMINUS,(WHENCE THE NORTHEAST CORNER OF SAID SECTION 18 BEARS N53'09.51"E A DISTANCE OF 2646.98 FEET); SAID STRIP OF LAND CONTAINING 13,227 SQUARE FEET OR 0.304 ACRES, MORE OR LESS. HIGH COUNTRY ENGINEERING, INC. 1 SS17 BLAKE AVENUE, STE 101 CIL£NWOOD SPRINGS, CO e S RAI PHONE WO) 9464678 FAX (trio) S4& 555 W W W.HCSKS.COiI ROnER E9)1EJ1NAN GARFILL17 COUNTY, CO HOGAN/ESHEL.MAN ACCEil2AIT1LFTy CO NSTRUC flO N EAgEM ENT DRAWN BY: VA:ALE: RN/A PK CHCC%ED BY: FaROJEGT No: F -W11 2061070.OWQ 6.22.12 2 01- 2 M�L�� J:/m3KI'MOD/20G/10/0/nwGIOWEBIAT DNF QUITCLAIM DEED Ann V. Hogan, Grantor, for the consideration of Ten Dollars ($10.00) and other valuable consideration, in hand paid, hereby sells and quitclaims to Roger B. Eshelman and Amelia S. Eshelman, Grantees, whose address is 7378 County Road 100, Carbondale. Colorado 81623, all of Grantor's right, title and interest in and to the following real property in the County of Garfield, State of Colorado, to -wit: A non-exclusive easement for ingress and egress and utility purposes to Lot 1 of the Pioneer Point Subdivision Plat recorded , 2013 as Reception No. in the records of the Clerk and Recorder of Garfield County as more particularly described on the attached Exhibit "A" incorporated herein by this reference, subject to the rights and restrictions under the Road Use, Utility and Maintenance Agreement between the parties recorded simultaneously herewith together with all its appurtenances. Signed this day of , 2013. STATE OF COLORADO ) ) ss: COUNTY OF GARFIELD ) Ann V. Hogan The foregoing quit claim deed was acknowledged before me this day of , 2013, by Ann V. Hogan. WITNESS my hand and official seal. My commission expires: Notary Public Alter recording return to: Roger Eshelman. 7378 County Road 100, Carbondale, Colorado $1623. EXHIBIT A 30 FOOT ACCESS AND UTILITY EASEMENT A 30 FOOT WIDE STRIP OF LAND SITUATED IN THE W1/2NE1/4 OF SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID STRIP OF LAND LYING 15 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION I8, A 2-1/4" BRASS CAP IN PLACE; THENCE S44°49'01 "W A DISTANCE OF 2568.23 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THAT PROPERTY DESCRIBED IN RECEPTION NO. 486692 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE THE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY BOUNDARY ALONG THE CENTERLINE OF SAID EASEMENT N41°10'15" W A DISTANCE OF 33.65 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 04°42'31", A DISTANCE OF 16.44 FEET (CHORD BEARS:N43°31'31 "W A DISTANCE OF 16.43 FEET); THENCE CONTINUING ALONG SAID CENTERLINE N45°52'46"W A DISTANCE OF 78.53 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 08°21'00", A DISTANCE OF 29.55 FEET (CHORD BEARS:N41°42'16"W A DISTANCE OF 29.12 FEET);THENCE CONTINUING ALONG SAID CENTERLINE N37°31'46"W A DISTANCE OF 141.68 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 08°41'37, A DISTANCE OF 30.35 FEET (CHORD BEARS;N41 °52'34"W A DISTANCE OF 30.32 FEET); THENCE CONTINUING ALONG SAID CENTERLINE N46°13'23"W A DISTANCE OF 14.16 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 40.00 FEET AND A CENTRAL ANGLE OF 88°45'10", A DISTANCE OF 61.96 FEET (CHORD BEARS:S89°24'42"W A DISTANCE OF 55.95 FEET); THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 05°32'31", A DISTANCE OF 19.35 FEET (CHORD BEARS: S47°47'43"W A DISTANCE OF 19.34 FEET): THENCE CONTINUING ALONG SAID CENTERLINE S50°33'58"W A DISTANCE OF 15.64 FEET TO A POINT ON THE EASTERLY RIGHT-OF- WAY OF COUNTY ROAD 100, THE POINT OF TERMINUS, (WHENCE THE NORTHEAST CORNER OF SAID SECTION 18 BEARS N53°09'51 "E A DISTANCE OF 2646.98 FEET); SAID STRIP OF LAND CONTAINING 13,227 SQUARE FEET OR 0.304 ACRES, MORE OR LESS. COMMON WELL COVENANTS PIONEER POINT SUBDIVISION GARFIELD COUNTY, COLORADO Roger B. Eshelman and Amelia S. Eshelman, being the owners of Lot 1, Lot 2 and Lot 3 (collectively "the Lots") as described on the Pioneer Point Subdivision Plat (the "Plat") recorded , 2013 as Reception No. in the records of the Clerk and Recorder of Garfield County, Colorado, do hereby declare and establish that said real property shall be held, owned, conveyed, encumbered, leased, rented, used, and occupied subject to the following covenants, restrictions, conditions, easements. and obligations (the '`Covenants") which shall run with the land and shall be binding on all persons having or acquiring any right, title, or interest in said real property, to -wit: 1. Water System Description. The common water system which is the subject of these Covenants shall consist of the following (hereinafter collectively referred to as the "common water system"): (a) That certain water well (hereinafter "the well") located on Lot 3, which well was drilled and constructed pursuant to Permit No. 54836-F issued by the Colorado Division of Water Resources; District Court, Water Division No. 5, Colorado 99CW 198; the Basalt Water Conservancy District Water Allotment Contract 347 dated September 13, 1999; and the Carbondale Land Development Corporation Water Lease and Agreement dated March 15, 2001 (costs associated with said contract and lease shall be collectively referred to herein as the "Fees"), together with all of the rights and subject to all of the obligations under such permit and contracts; and (b) The water and water rights appurtenant to the well; and (c) The pump, pressure tank, well head, water supply line and related equipment necessary to produce water from the well for use on the Lots. 2. Water System Ownership. The common water system shall be owned in equal undivided interests by the owners of the Lots. The owner of each Lot shall also own a proportionate interest in and to so much of the water supply line, if any, used in common by such owner and the owner(s) of one or both other Lots. Costs and maintenance fees for the water line shall be the responsibility of the owner(s) of the Lots using such common water supply line for service to their Lot(s). Lot 1 and 2 have individual water supply pipelines and costs associated with maintenance and repair of said pipelines shall be the sole responsibility of the Lot owner benefitting from such individual pipeline. No owner of a Lot shall pay for costs and maintenance fees for any portion of the common water supply line that is not utilized by said owner's Lot. Each Lot in the Pioneer Point Subdivision shall be limited to 1,500 square feet of irrigated lawn. 3. Easements. The owner of each Lot shall have and be subject to an easement for the purpose of maintaining and replacing the common water system, which easement is depicted as Page 1of5 the utility easement on the Plat and described on Exhibit "A" attached hereto and incorporated herein by this reference. The owner of each Lot shall also have an easement for access to the underground valve tee and curb stop valve on the water line serving each other Lot, if applicable, which easement shall extend a distance of fifteen (15) feet in width. 4. Water System Installation, Maintenance, Repair and Replacement. The common water system has been installed, but Lot 1 is not presently using the water. At such time that the owner of Lot 1 desires to use water out of the common water system, said Lot 1 owner shall reimburse Roger Eshelman and Amelia S. Eshelman $10,000 for Lot 1's portion of the initial costs of installing the common water system. In no event shall a Lot owner receive any water from the common water system until such owner's share of such installation cost is fully paid. The owner of Lot 1 shall bear the expense of extending a water supply line from the terminus of the common supply line(s) as displayed on the Plat to the point or points of use on such owner's Lot. The owner(s) of each Lot connected to the common water system shall equally share the cost of maintenance, repair or replacement of the common water system and the portion of the common water supply line utilized by said Lot. The owner of each Lot shall bear the cost of and be solely responsible for the installation, maintenance, repair and replacement of pipelines and other equipment not used in common by the Lot owners, but which are solely used to provide water service to such owner's Lot. Any repairs or maintenance due to the negligent acts or failure to act of a Lot owner shall be paid for exclusively by said negligent party. The Lot owners agree to cooperate in the future maintenance, operation, repair, replacement or improvement of the common water system and common water supply line(s). In the event the owners are unable to agree on any required maintenance, repair, replacement or improvement, any owner shall be entitled to undertake the minimal maintenance, repair, replacement or improvement necessary and essential for proper functioning of the common facilities. In the event an owner determines to undertake such work unilaterally, such owner shall notify the other owners in writing. The owner undertaking the work shall, upon completion, provide the other owners with a written statement of work performed and the other owners' proportionate share of the cost of same. In the event an owner fails to pay the proportionate share of any amount due within thirty (30) days after presentment, the owner which has paid such cost and expense shall be entitled to pursue any remedy available at law or in equity for a breach. The court, in its discretion, may award to the prevailing party court costs and attorney's fees incurred. 5. Fees and Operational Costs. All Lot owners shall equally pay the Fees and any charges associated with the installation of an electric meter on or near the wellhead whether or not a Lot is actually receiving water from the common water system. The monthly cost of operating the common water system, including charges for electricity use (based upon hour meter results for pump operation) and insurance, if any, shall be paid as follows: until such time that Lot 1 commences receiving water from the common water system, the operating costs shall be apportioned in equal shares between Lot 2 and Lot 3. At such time that Lot I begins receiving water from the common water system, said costs shall be equally split between Lot 1, Lot 2 and Lot 3. Volumetric water flow meters shall be installed on each water supply line serving the Lots. No owner of a Lot is deemed to have any ownership right in and to any pipe, pipeline or other structure used or required solely by the owner of another of the Lots which may utilize any portion of the water flowing from the common water system and its structures. These Covenants Page Zof5 do not intend to relate to such individually owned or used rights or structures. Nothing in these Covenants shall be construed to give any party any rights to such non -shared property of other parties nor to obligate any party to pay any costs associated with non -shared structures. 6. Insurance. If deemed necessary, the Pioneer Point Homeowners Association, an unincorporated non-profit association as referenced in the covenants for Pioneer Point Subdivision recorded concurrently herewith (the "Homeowners Association") shall have the authority to obtain insurance for all insurable components of the common water system against loss or damage by fire or other hazards, including extended coverage, vandalism, and malicious mischief. The insurance shall be in an amount sufficient to cover the full replacement cost of any repair or reconstruction in the event of damage or destruction from any such hazard. The Homeowners Association may also obtain an adequate public liability policy insuring the Association and its individual members for all damage or injury caused by the negligence of the Association, any of its members or other agents of the Association. 7. Payment of Expenses. All expenses to be paid by a Lot owner hereunder shall be paid within thirty (30) days after such owner receives notice of such expense. If an owner fails to pay such owner's share of an expense as herein provided, such unpaid amount shall accrue interest at the rate of one percent (1%) per month, compounded monthly, commencing at the end of the thirty (30) day period when such payment is due. lfthe non-paying owner fails to pay any amount due hereunder within sixty (60) days after the date due, another owner who has paid such expense may exercise such legal or equitable remedies as are available to collect such unpaid amounts, including interest, in which event the prevailing party shall be entitled to recover reasonable attorney's fees and costs incurred. 8. Disconnection from Water Supply. In the event any Lot owner obtains an alternate legal water supply and desires to discontinue the use of water from the common water system, such owner may disconnect from said water system, and, upon disconnecting and giving written notice of such disconnection to the owners of the other Lots, shall be relieved of any further obligation to pay the cost of maintenance of the common water system, provided however, that said Lot owner shall remain liable to pay its portion of the Fees, and provided further, that such disconnecting owner shall remain fully liable for such owner's share of any common expenses incurred prior to such disconnection. Such disconnecting owner shall not thereafter be allowed to reconnect to the common water system without having first obtained the written consent of the owners of the other Lots then connected to and entitled to receive water from said water system. In the event of disconnection of any Lot from the common water system as provided in this section, the maintenance and operating expenses thereafter incurred in connection with said water system shall be solely borne by the owners of the remaining Lots connected to said system. 9. Water Distribution. The owner of each Lot shall install such flow restrictors, water storage tanks and other facilities in the water supply line or system serving such Lot as may be necessary to insure reasonably comparable water pressure and supply to each Lot and to otherwise effectuate the purposes and intent of these Covenants. In the event the water produced from the well becomes inadequate to supply all of the demands for water therefrom, the Lot owners utilizing such water shall proportionately reduce their consumption therefrom until each Lot owner is consuming a substantially equal amount of the water which can adequately be produced from the well. The Lot owners may elect to drill a new well or take such other remedial Page3of5 action as is necessary to improve the production of water from the common water system and the cost thereof shall be borne equally by the Lot owners, subject always to the disconnection rights as provided in these Covenants. 10. Water Use Restriction. Water from the common water system shall be used to serve no more than one single family residence per Lot and shall be subject to such other restrictions as provided in Section 1 above and applicable rules and regulations of same. Lot 1 shall draw water from the common water system into their storage tank only after 12 a.m. MST and before 6:00 a.m. MST. Any use of water from the common water system except as herein expressly provided is prohibited. 11. Lot 3 Building Allowance. Lot 3 shall be able to build a garage within the well easement located on Lot 3 so long as the well remains operative, serviceable and usable by the Lot owners. 12. Enforcement. The Covenants herein contained may be enforced by the Pioneer Point Homeowners Association, an unincorporated non-profit association as referenced in the covenants for Pioneer Point Subdivision recorded concurrently herewith or by the owner any Lot, by any proceeding at law or in equity. Failure to enforce ,any covenant shall not be deemed a waiver ofthe right to do so thereafter. The party prevailing in any action for enforcement of these Covenants shall be entitled to recover all court costs, including reasonable attorney's fees incurred. 13. Severability. Each ofthe covenants herein contained shall be deemed independent and separate and the invalidation of any one shall not affect the validity and continuing effect of any other. 14. Amendment and Termination. The Covenants and agreements herein contained shall continue in full force and effect for a period of twenty (20) years and from year to year thereafter until amended or terminated by written instrument executed by the owners of all of the Lots which have not then disconnected from the common water system as hereinabove provided. 15. Notices. Notice as hereinabove required shall be deemed delivered upon being placed in the United States Mail, postage prepaid, and bearing the address of the owner or owners as shown in the records of the office of the Assessor of Garfield County, Colorado. 16. Multiple Owners/Successors. Any reference in these Covenants to a Lot owner shall be deemed to include all owners of such Lot, collectively, and shall also refer to all successors of such owner or owners. This Covenants shall be binding upon and inure to the benefit of the parties, their heirs, devisees, executors, administrators, assignees, transferees, and successors in interest, and the easements and covenants granted or agreed to herein shall be deemed to run with the land and shall encumber the land of each party for the benefit of the properties of the parties as described herein. Upon execution by the parties, these Covenants shall be recorded in the records of the Garfield County Clerk and Recorder's Office. Page 4 of 5 SIGNED this day of , 2013. Roger 13. Eshelman Amelia S. Eshelman STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this day of 2013, by Roger 13. Eshelman and Aurelian S. Eshelman. Witness my hand and official seal. My commission expires: Notary Public Page 5 of 5 ROAD USE, UTILITY AND MAINTENANCE AGREEMENT This ROAD USE, UTILITY AND MAINTENANCE AGREEMENT (the "Agreement") is made this day of , 2013, by Roger B. Eshelman and Amelia S. Eshelman (collectively "Eshelman"), whose address is 7378 County Road 100, Carbondale, Colorado 81623, and Ann V. Hogan ("Hogan"), whose address is 7330 County Road 100, Carbondale, Colorado 81623. RECITALS A. Eshelman is the owner of that real property described as Lot 1 of the Pioneer Point Subdivision Plat recorded , 2013 as Reception No. in the records of the Clerk and Recorder of Garfield County ("Lot 1"). B. Hogan is the owner of Parcel Number 2391-181-00-026 of the Garfield County Assessor's records also known as 7330 County Road 100, Carbondale, Colorado 81623 ("Hogan Parcel"). C. The parties previously executed a Road Sharing Agreement dated September 4, 2008, and the parties wish to amend and restate said Road Sharing Agreement in its entirety. D. Simultaneously herewith, Hogan is quitclaiming an easement to Eshelman for ingress and egress to Lot 1. E. By this Agreement, Hogan desires to provide for the access to Lot 1 via a shared roadway as shown on the attached Exhibit A incorporated herein by this reference and impose on Lot 1 and the Hogan Parcel, as covenants running with the land, the obligations to maintain the shared roadway as described herein. AGREEMENT In consideration of the mutual promises and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Eshelman and Hogan hereby grant and agree as follows: 1. Easements. Hogan hereby dedicates and ratifies to the Owner(s) of Lot 1 a perpetual, non-exclusive easements as follows: (a) An easement for access and utility purposes upon, over and across the thirty (30) feet in width Access - Utility Easement from County Road 100 to Lots 1 as depicted on Exhibit A (the "Shared Roadway") for the use benefit and enjoyment of the Owners of Lot 1 and the Hogan Parcel, their successors, assigns, agents, employees, tenants, guests and invitees, for private access roadway and utility purposes, and subject to public easement for ingress and egress by emergency service providers. The rights granted herein shall include the right to maintain said Shared Roadway as provided herein, and to transport on and over the Shared Roadway vehicles, materials, equipment, and other property as reasonably related to the Page 1 of 5 exclusive uses conveyed hereby. All maintenance, repair and additional costs as provided for in this Agreement, shall be paid for equally by the Owners of Lot 1 and the Hogan Parcel for that portion of the Shared Roadway mutually utilized for access to said Owner's property. Use of the Shared Road shall be restricted to access to and from Lot 1 and the Hogan Parcel. The Shared Road may not be used for the parking or storage of vehicles or equipment. Either Owner of Lot. 1 or the Hogan Parcel may install a gate at the intersection of the Shared Roadway and County Road 100 upon approval by the applicable fire protection district. If both parties desire such a gate, the parties shall equally pay for all costs of installation and maintenance of same. If only one party desires such a gate, the requesting party shall pay all costs associated with the gate and provide a key to the other Owner to guarantee access in accordance with this Agreement. No additional gate or other obstruction shall be constructed on the Shared Road without unanimous approval of the Owners of Lot 1 and the Hogan Parcel. No switchback shall be installed on the Hogan Parcel. Vegetation exceeding eighteen inches in height on both sides of the intersection of the Shared Road and County Road 100 will be trimmed and maintained to the existing County Road right-of-way fencing to provide better sight distance for vehicles entering and exiting County Road 100. All expenses, maintenance, snow removal and construction fees associated with the Shared Roadway south of the existing driveway to the Hogan Parcel shall be the sole responsibility of the Owner of Lot 1. Nothing in this Agreement shall be construed to obligate any party to pay any costs associated with non -shared structures. (b) An easement for the construction, improvement, maintenance, repair and replacement of the Shared Road south of the Hogan Parcel's existing driveway and adjacent to the Shared Road and under the surface of the Hogan Parcel in the location depicted on Exhibit "A" attached hereto (the "Construction Easement") for the use benefit and enjoyment of the Owners of Lot 1, their successors, assigns, agents, employees, tenants, guests and invitees. The Construction Easement includes up to twenty-five (25) feet below the existing grade of the Hogan Parcel Property within the Construction Easement. In connection with the Owner of Lot I's use of the Construction Easement, the Owner of Lot 1 shall have the right to temporarily disturb the real property located in the Construction Easement; provided, however that any damage or disturbance to the Construction Easement caused by the Owner of Lot 1 shall be promptly repaired and restored by the Owner of Lot 1, at no cost to the Owner of the Hogan Parcel, to the fullest extent reasonably possible to its pre- existing condition upon completion of the construction, improvement, maintenance, repair, replacement, and if deemed necessary by the Owner of Lot 1, the removal of the Shared Roadway south of the existing driveway to the Hogan Parcel. The Owner of Lot 1 shall use its best efforts to save the existing pinon tree located at the entrance to the existing driveway to the Hogan Parcel. 2. Sand. The Owner of Lot 1 shall pay for, install, and maintain a stockpile of sand at the top and bottom of the section of the Shared Road that is over 12% grade. 3. Snowplowing. The parties shall plow the Shared Road when snow exceeds six inches in accumulation. All costs of snow removal sufficient to allow access via four wheel Page 2 of 5 drive vehicles over and across the Shared Road by police, sheriff, fire protection, ambulance and other similar emergency agencies or persons, shall be equally paid by the Owners of Lot 1 and the Hogan Parcel. 4. Enforcement. The Owners of Lot 1 and the Hogan Parcel agree to cooperate in the future maintenance, operation, repair, replacement and/or improvement of the Shared Road. In the event the Owners are unable to agree on any required maintenance, repair, replacement or improvement, any Owner shall be entitled to undertake the minimal maintenance, repair, replacement or improvement necessary and essential for proper functioning of the Shared Road, specifically including paving. In the event an Owner determines to undertake such minimal work unilaterally, such Owner shall notify the other Owner in writing. The Owner undertaking the minimal work shall, upon completion, provide the other Owner with a written statement of work performed and the other Owner's proportionate share of the cost of same. Notwithstanding the foregoing, either party may unilaterally install and pay for paving the Shared Roadway at said parties sole cost. 5. Payment of Expenses. All expenses to be paid by the Owner of Lot 1 or the Hogan Parcel hereunder shall be paid within thirty (30) days after such Owner receives notice of such expense. If an Owner fails to pay such Owner's share of an expense as herein provided, such unpaid amount shall accrue interest at the rate of one percent (1%) per month, compounded monthly, commencing at the end of the thirty (30) day period when such payment is due. If the non-paying Owner fails to pay any amount due hereunder within sixty (60) days after the date due, another Owner who has paid such expense may exercise such legal or equitable remedies as are available to collect such unpaid amounts, including interest, in which event the prevailing party shall be entitled to recover reasonable attorney's fees and costs incurred. 6. Covenants Run With Land. The agreements, covenants, restrictions, conditions, easements, and obligations herein contained shall be covenants that run with the land and shall be binding on all persons having or acquiring any right, title, or interest in the above-described Lot 1 and the Hogan Parcel. 7. Amendment. No amendment, alteration, modification of or addition to this Agreement shall be valid or binding unless expressed in writing, signed by the parties bound thereby. 8. Notices. Notice as hereinabove required shall be deemed delivered upon being placed in the United States Mail, postage prepaid, and bearing the address of the Owner or Owners as shown in the records of the office of the Assessor of Garfield County, Colorado. 9. Multiple Owners/Successors, Any reference in this Agreement to an Owner of Lot 1 or the Hogan Parcel shall be deemed to include all Owners of such real property, collectively, and shall also refer to all successors of such Owner or Owners. 10. Indemnities. Each of the parties hereto as Owner of Lot 1 and the Hogan Parcel described herein, and their respective heirs, successors and assigns (the "Indemnifying Owner") agrees to protect, indemnify and hold harmless the other party, and their respective successors and assigns (the "Indemnified Owner"), from and against any loss, damage, claim or defense, against any and all suits, claims, demands, expenses, losses, liabilities or damage of any kind or Page 3 of 5 nature, including, without limitation, reasonable attorneys' fees and costs, arising directly or indirectly out of any claim of third parties asserted against the Indemnified Owner: (i) attributable to any conduct of the lndemnifying Owner; (ii) relating to the use of the respective Shared Road by the Indemnifying Owner and its invitees and guests, whether authorized or not authorized; (iii) for claims due to personal injuries or property damage caused by the Indemnifying Owner and its invitees and guests; or (iv) due to mechanic's liens created by conduct or acts of the Indemnifying Owner. 11. Governing Law. The validity and effect of this Agreement shall be determined in accordance with the laws of the State of Colorado. 12. Not a Public Dedication. Nothing contained in this Agreement shall be deemed to be a gift or dedication of any portion of the property subject to or benefiting from it to or for the general public or for any public purpose whatsoever, including, but not limited to, dedication as a public street. 13. Severability. If any provision of this Agreement shall be invalid, illegal or unenforceable, it shall not affect or impair the validity, legality or enforceability of any other provision of this Agreement, and there shall be substituted for the affected provision a valid and enforceable provision as similar as possible to the affected provision. SIGNED this day of , 2013. STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Ann V. Hogan Roger B. Eshelman Amelia S. Eshelman The foregoing instrument was acknowledged before me this day of , 2013, by Ann V. Hogan. Witness my hand and official seal. My commission expires: Notary Public Page 4 of 5 STATE OF COLORADO ) COUNTY OF GARFIELD ) SS. The foregoing instrument was acknowledged before me this day of 2013, by Roger B. Eshelman and Amelian S. Eshelman. Witness my hand and official seal. My commission expires: Notary Public Page 5 of 5 IPII Land Title GUARANTEE COMPANY WWW.LTGC. COM Date: 10-15-2012 Land Title Guarantee Company CUSTOMER DISTRIBUTION Property Address: 7378 COUNTY ROAD 100 CARBONDALE, CO 81623 Our Order Number: GW63007387-2 If you have any inquiries or require further assistance, please contact one of the numbers below: Fin Tide Assistance: Glenwood Springs "GW Unit 1317 GRAND AVE #200 GLENWOOD SPRINGS, CO 81601 Phone: 970-945-2610 Fax: 970-945-4784 ROGER ESHELMAN 7378 COUNTY RD 100 CARBONDALE, CO. 81623 HIGH COUNTRY ENGINEERING Attn: DAN DENNISON EMail: ddennison@hceng.com ROGER ESHELMAN 7378 COUNTY ROAD 100 CARBONDALE, CO 81623 Attn: ROGER ESHELMAN EMail: RBESHELMAN@GMAIL.COM Sent Via EMail Land Title Guarantee Company Land Title GUARANTEE COMPANY Property Address: 7378 COUNTY ROAD 100 CARBONDALE, CO 81623 Buyer/Borrower: TO BE DETERMINED Seller/Owner: ROGER B. ESHELMAN AND AMELIA S. ESHELMAN Date: 1045-2012 Our Order Number: GW63007387-2 ***************************************************************** Note: Once an original commitment has been issued, any subsequent modifications will be emphasized by underlining. Need a map or directions for your upcoming closing? Check out Land Title's web site at www.ltgc,com for directions to any of our 54 office locations. ESTIMATE OF TITLE FEES ALTA Owners Policy 06-17-06 TBD If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time_ TOTAL $0.00 Form. CONTACT 06/04 THANK YOU FOR YOUR ORDER! Old Republic National Title Insurance Company ALTA COMMITMENT Our Order No. GW63007387-Z Schedule A Cust. Ref.: Property Address: 7378 COUNTY ROAD 100 CARBONDALE, CO 81623 1. Effective Date: July 13, 2012 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "ALTA" Owner's Policy 06-17-06 Proposed Insured: TO BE DETERMINED 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: ROGER B. ESHELMAN AND AMELIA S, ESHELMAN 5. The Land referred to in this Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION Our Order No: GW63007387-2 LEGAL DESCRIPTION A PARCEL OF LAND SITUATED IN THE W1/2NE1/4 SECTION 18. TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 18 A 2 1/4' BRASS CAP IN PLACE THENCE S 32° 07'22" W A DISTANCE OF 2250.87 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID W1/2NE1/4 THE POINT OF BEGINNING; THENCE 5 00° 16'39" W ALONG SAID EASTERLY LINE A DISTANCE OF 425.22 FEET; THENCE LEAVING SAID EASTERLY LINE N 87° 35'30" W A DISTANCE OF 270.10 FEET TO A POINT 30 FEET OFF THE CENTERLINE OF COUNTY ROAD NO. 100. AS CONSTRUCTED IN PLACE. A REBAR AND CAP L.S. #5447 FOUND IN PLACE: THENCE N 30° 20'54" W A DISTANCE OF 468.01 FEET TO THE SOUTHWEST CORNER OF THAT PROPERTY DESCRIBED IN RECEPTION NO. 486692 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE: THENCE N 28° 00'22" W ALONG THE EASTERLY RIGHT-OF-WAY FOR COUNTY ROAD NO. 100 (AS DESCRIBED IN RECEPTION NO, 486692) A DISTANCE OF 372.97 FEET: THENCE LEAVING SAID RIGHT-OF-WAY N 85 12'35" E A DISTANCE OF 458.09 FEET; THENCE 5 01° 07'30" E A DISTANCE OF 361.96 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID RECEPTION NO. 486692: THENCE N 88" 52'30" E ALONG SAID SOUTHERLY LINE A DISTANCE OF 219.97 FEET TO THE POINT OF BEGINNING COUNTY OF GARFIELD STATE OF COLORADO ALTA COMMITMENT Schedule B-1 (Requirements) The following are the requirements to he complied with: Our Order No. GW63007387-2 Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. GW63007387-2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 8. DEED OF TRUST DATED JUNE 05, 2007 FROM ROGER B. ESHELMAN AND AMELIA S. ESHELMAN TO THE PUBLIC TRUSTEE OF COUNTY FOR THE USE OF ALPINE BANK BASALT TO SECURE THE SUM OF $280,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED JUNE 14, 2007, UNDER RECEPTION NO. 725541. MODIFICATION AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED FEBRUARY 04, 2008, UNDER RECEPTION NO. 742308. 9. DEED OF TRUST DATED JUNE 01, 2007 FROM ROGER B. ESHELMAN AND AMELIA S. ESHELMAN TO THE PUBLIC TRUSTEE OF COUNTY FOR THE USE OF ALPINE BANK TO SECURE THE SUM OF $220,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED JUNE 15, 2007, UNDER RECEPTION NO. 725679. 10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 17, 1909, IN BOOK 71 AT PAGE 368. ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. GW63007387.2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company; 11. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 17, 1909, IN BOOK 71 AT PAGE 368. 12. TERMS, CONDITIONS AND PROVISIONS OF DEED RECORDED IN BOOK 521 AT PAGE 149. 13. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 89-035 RECORDED MAY 03, 1989 IN BOOK 753 AT PAGE 544. 14. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED JANUARY 05, 1990 IN BOOK 770 AT PAGE 597. 15. TERMS, CONDITIONS AND PROVISIONS OF CONTRACT RECORDED APRIL 25, 1990 IN BOOK 777 AT PAGE 586. 16. TERMS, CONDITIONS AND PROVISIONS OF INSTRUMENT RECORDED OCTOBER 10, 2003 IN BOOK 1528 AT PAGE 607. 17. TERMS, CONDITIONS AND PROVISIONS OF BOUNDARY LINE ADJUSTMENT AFFIDAVIT RECORDED OCTOBER 10, 2003 IN BOOK 1528 AT PAGE 609. 18. EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SHOWN ON ESHELMAN/HOGAN BOUNDARY LINE ADJUSTMENT MAP RECORDED OCTOBER 10, 2003 UNDER RECEPTION NO. 638443 19. ANY BOUNDARY DISCREPANCY DUE TO THE LOCATION OF FENCE LINES AND THE EFFECT OF ANY RIGHT, TITLE OR INTEREST THAT MAY BE CLAIMED DUE TO ANY SAID DISCREPANCY. 20. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION RECORDED APRIL 28, 2008 AT RECEPTION NO. 747393, 21. DEED OF TRUST DATED AUGUST 29, 2008, FROM ROGER B. ESHELMAN AND AMELIA S. ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. CW63007387-2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: ESHELMAN TO THE PUBLIC TRUSTEE OF COUNTY FOR THE USE OF ALPINE BANK TO SECURE THE SUM OF $150,000.00 RECORDED SEPTEMBER 09, 2008, UNDER RECEPTION NO. 755368. 22. TERMS AND RESERVATIONS FOR MINERALS IN DEED RECORDED MARCH 6. 1953 UNDER RECEPTION NO. 181901. LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The subject real_properly may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction s t be obtained from the County Treasurer or the CountyTreasurer's authorized agent. C) The information regardng special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction w ich was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner s Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner s Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un -filed mechanic s and material -men's hens, D) The Company must receive payment of the appropriate premium, E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information. as to the seller, the builder and or the contractor: payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A)at there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in nil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, information to an insurance company for the purpose of defrauding or incomplete, or misleading facts or information to a policyholder or claimant Tor the purpose of defrauding or attempting attempting to defraud the policyyholder or claimant with regard to a settlemwnt or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. DISCLOSURE 0212011 JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: * applications or other forms we receive from you, including communications sent through TMX, our web -based transaction management system; * your transactions with, or from the services being performed by, us, our affiliates, or others; * a consumer reporting agency, if such information is provided to us in connection with your transaction; and * the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non -affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: * We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. * We maintain physical. electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. * Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. * We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. AVE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Porro PRIV. POL. ORT Commitment to Insure * * -itALTA Commitment - 2006 key. s 7+ * * * OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company) for a valuable * * consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the yr 41. Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payrnent of the premiums and charges and compliance with the requirements all subject to the provisions of Schedule A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by die Company. All liability and obligation under this commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. 2. if the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge, If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, ten, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditiars and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (h) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions er rights of action that the proposed Insured may have or may tiring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at wwwalta,org. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: 1. Rights or claims of parties in possession not shown by the Public Records. 2. Easements, or claims of easements,, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the Public Records. 4. Any lien, or fight to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Conrnitment. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. CC.ORT.06 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South , • r Minneapolis. Minnesota 55401 , 4Apt TThre�Y •• (612) 311.1113 Za * * * 'Ss •: cr* * z= ¥ r4 7 * * r7 • O70 - ;1.1t46.4"... J Mark Bilbrey President Hartle Yeager Secretary Glenn Hartmann From: Roger B. Eshelman [rbeshelman@gmail.com] Sent: Monday, October 15, 2012 9:12 AM To: Glenn Hartmann Subject: Fwd: Land Title Delivery (7378 COUNTY ROAD 100)(our 63007387) Attachments: 63007387_2_Commitment, pdf: ATT00001. htm Sent from my iPhone Begin forwarded message: From: kbeereboomgitgc.eom Date: October 15, 2012 9:01:51 AM MDT To: ddennison@hceng.com. To: RBESHELMAN@GMAIL.COM Subject: Land Title Delivery (7378 COUNTY ROAD 100)(our 63007387) View this email in full HTML in your browser Associated Documents • Deed, Reception Number: 181901 • All documents as one PDF Navigating and Understanding your Title Commitment Summary • Click on the blue links in the Table of Contents to go to a specific section Click on th ack to top)links to return to the top of the email • Click on the blue links within the body of the email to view a related document • Click on a blue email address link in the Contacts section to send an email to that party • Green underlined text indicates changes from the previous Title Summary For general information on title insurance, please refer to http://www.alta,org/consumer Commitment Summary - 7378 County Road 100 (63007387) View Printable Version Table of Contents • LTGC Contacts • Delivery Parties • Order Information • Coverages • Title Fees • Requirements • Exceptions Disclosure Your Land Title Guarantee Company Conta back to top) For Title Assistance: • Glenwood Springs "GW" Unit 1317 GRAND AVE #200 GLENWOOD SPRINGS, CO 81601 970-945-2610 Fax: 970-945-4784 Commitment Delivery Partie ; back to top) • ROGER ESHELMAN 7378 COUNTY RD 100 CARBONDALE, CO. 81623 • HIGH COUNTRY ENGINEERING Attn: DAN DENNISON EMail: ddennison@heeng,corn • ROGER ESHELMAN 7378 COUNTY ROAD 100 CARBONDALE, CO 81623 Attn: ROGER ESHELMAN EMail: RBESHELMAN©GMAIL.COM Sent Via EMail Order Information U 4 back to top) Property Address: 7378 County Road 100 Carbondale, Colorado 81623 County of Garfield, State of Colorado Legal Description: A PARCEL OF LAND SITUATED IN THE W1/2NE1/4 SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 18 A 2 1/4' BRASS CAP IN PLACE THENCE 5 32° 07'22" W A DISTANCE OF 2250.87 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID W1/2NE1/4 THE POINT OF BEGINNING; THENCE 5 00° 16'39" W ALONG SAID EASTERLY LINE A DISTANCE OF 425.22 FEET; THENCE LEAVING SAID EASTERLY LINE N 87° 35'30" W A DISTANCE OF 270.10 FEET TO A POINT 30 FEET OFF THE CENTERLINE OF COUNTY ROAD NO. 100, AS CONSTRUCTED IN PLACE, A REBAR AND CAP L.S. #5447 FOUND IN PLACE; THENCE N 30° 20'54" W A DISTANCE OF 468.01 FEET TO THE SOUTHWEST CORNER OF THAT PROPERTY DESCRIBED IN RECEPTION NO. 486692 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE N 28° 00'22" W ALONG THE EASTERLY RIGHT-OF-WAY FOR COUNTY ROAD NO. 100 (AS DESCRIBED IN RECEPTION NO, 486692) A DISTANCE OF 372.97 FEET; THENCE LEAVING SAID RIGHT-OF-WAY N 85° 12'35" E A DISTANCE OF 458.09 FEET; THENCE S 01° 07'30" E A DISTANCE OF 361.96 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID RECEPTION NO. 486692; THENCE N 88° 52'30" E ALONG SAID SOUTHERLY UNE A DISTANCE OF 219.97 FEET TO THE POINT OF BEGINNING COUNTY OF GARFIELD STATE OF COLORADO Plat Map(s): APN(s).: 2 R011396 Tax Information: Effective Date & Time July 13, 2012 at 5:00 P.M. Interest: A Fee Simple Seller(s) ROGER B. ESHELMAN AND AMELIA S. ESHELMAN Vesting Deed(s) / (View dates for 24 month Chain of Title): 10-10-2003 Buyer(s) / Borrower(s): TO BE DETERMINED Proposed Insured & Coverages back to top) Estimated Title Fees x aback to top) ALTA Owners Policy 06-17-06 Requirement back to top) Total Estimated Title Fees: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. Exceptions back to top) 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 3 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 8. DEED OF TRUST DATED JUNE 05, 2007 FROM ROGER B. ESHELMAN AND AMELIA S. ESHELMAN TO THE PUBLIC TRUSTEE OF COUNTY FOR THE USE OF ALPINE BANK BASALT TO SECURE THE SUM OF $280,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED JUNE 14, 2007, UNDER RECEPTION NO. 725541. MODIFICATION AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED FEBRUARY 04, 2008, UNDER RECEPTION NO. 742308. 9. DEED OF TRUST DATED JUNE 01, 2007 FROM ROGER B. ESHELMAN AND AMELIA 5. ESHELMAN TO THE PUBLIC TRUSTEE OF COUNTY FOR THE USE OF ALPINE BANK TO SECURE THE SUM OF $220,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED JUNE 15, 2007, UNDER RECEPTION NO. 725679. 10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 17, 1909, IN BOOK 71 AT PAGE 368. 11. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 17, 1909, IN BOOK 71 AT PAGE 368. 12. TERMS, CONDITIONS AND PROVISIONS OF DEED RECORDED IN BOOK 521 AT PAGE 149. 13. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 89-035 RECORDED MAY 03, 1989 IN BOOK 753 AT PAGE 544. 14. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED JANUARY 05, 1990 IN BOOK 770 AT PAGE 597. 15. TERMS, CONDITIONS AND PROVISIONS OF CONTRACT RECORDED APRIL 25, 1990 IN BOOK 777 AT PAGE 586. 16. TERMS, CONDITIONS AND PROVISIONS OF INSTRUMENT RECORDED OCTOBER 10, 2003 IN BOOK 1528 AT PAGE 607. 17. TERMS, CONDITIONS AND PROVISIONS OF BOUNDARY UNE ADJUSTMENT AFFIDAVIT RECORDED OCTOBER 10, 2003 IN BOOK 1528 AT PAGE 609, 18. EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SHOWN ON ESHELMAN/HOGAN BOUNDARY LINE ADJUSTMENT MAP RECORDED OCTOBER 10, 2003 UNDER RECEPTION NO. 638443 19. ANY BOUNDARY DISCREPANCY DUE TO THE LOCATION OF FENCE LINES AND THE EFFECT OF ANY RIGHT, TITLE OR INTEREST THAT MAY BE CLAIMED DUE TO ANY SAID DISCREPANCY. 4 20. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION RECORDED APRIL 28, 2008 AT RECEPTION NO. 747393. 21. DEED OF TRUST DATED AUGUST 29, 2008, FROM ROGER B. ESHELMAN AND AMELIA S. ESHELMAN TO THE PUBLIC TRUSTEE OF COUNTY FOR THE USE OF ALPINE BANK TO SECURE THE SUM OF $150,000.00 RECORDED SEPTEMBER 09, 2008, UNDER RECEPTION NO. 755368. 22. TERMS AND RESERVATIONS FOR MINERALS IN DEED RECORDED MARCH 6, 1953 UNDER RECEPTION NO. 181901. Disclosure Staternent back to top) LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: 1. The subject real property may be located in a special taxing district. 2. A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. 3. The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the dosing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: 1. The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. 2. No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. 3. The Company must receive an appropriate affidavit indemnifying the Company against un -filed mechanic's and material -men's liens. 4. The Company must receive payment of the appropriate premium. 5. If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: 5 This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule 8, Section 2. 1. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and 2. That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Open the attached pdf version of the commitment to view our PRIVACY POLICY. The above Summary is provided for information purposes only. To the extend that it conflicts with or otherwise varies from the actual commitment provided, the latter will govern. The above links and associated images are provided for information purposes only. They are not guaranteed as to accuracy, availability or quality. 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All rights reserved. 6 CIVIL ENGINEERING September 17, 2012 Garfield County Building & Planning Department 108 8t St. Suite 401 Glenwood Springs, CO 81601 An Employee -0 cry RE: Engineer's Technical Explanation for the Waiver Requests LAND SURVEYING The requirements set forth in the new 2030 Comprehensive Plan and the Unified Land Use Resolution 2008 asks for a number of studies, plans, and design standards that put an excessive financial burden on the property owner. This project is not adding an additional access point onto County Road 100. The current property already has two residences in place and this plan changes one of those residences from an additional dwelling unit (ADU) into a primary residence on a newly created lot. We want to clarify that this subdivision has the potential for adding only one new primary residence over the existing conditions. The County has also discussed with the property owner that this process would be treated more like a subdivision exemption due to the minor impact of the project. Below are narratives on why we feel the waiver requests are justified: Visual Analysis We have provided an analysis of the visual impact in this submittal. A building site on Lot 1 will not affect the view lines to the east due to a ridgeline on BLM land. The building permit submittal for Lot 1 will address screening the eventual building location from views to the west. Open Space Plan This subdivision will not have any open space for public use or shared use by the lot owners. We feel that for this small of a project the open space plan is not applicable. Traffic Study The impact to the traffic on County Road 100 is limited on this project because only one primary residence is being added over the existing traffic volumes. The additional traffic generated by this project at build out is 9.57 average daily traffic (ADT) based on an additional single family housing unit. 1517 BLAKE AVENUE. SUITE 101 GLENWOO© SPRINGS, CO 81 601 970-945866 • PHONE 970-945-2555 • FAX W WW.HCENG.COM Geologic Hazards Yeh and Associates has addressed the geologic hazards for the property and provided the following analysis in lieu of a geologic survey. "Based on our investigation, the Garfield County hazard map for soil and geology did not show specific geologic hazards at this site. However, potential sinkhole locations and depths are highly unpredictable. Based on our observations, the collapse debris was mapped at lower elevations than Lot 1. Based on the performance of existing structures (up to 25 years, approximately), development on Lot 1 should exhibit similar performances. To reduce the likelihood of sinkhole or collapse development, drainage should be carefully planned to divert surface flows away from structures and improvements. We believe the risk of sinkhole development cannot be eliminated or mitigated." The building permit submittal for Lot 1 will have to have a comprehensive soils analysis performed at the specific building footprint and make specific recommendations to mitigate sinkholes. The location of the building envelope will be decided by the future lot owner so it makes practical sense to let the future soil analysis determine our selection process of the envelope location. There were soils studies performed on this site for previous construction in the 1980s by Lincoln Devore and with the attached soils study by Yeh and Associates in 2009 that covered a similar list of hazards as would be covered by a Colorado Geologic Survey. We are asking that the County waive the requirement of the Colorado Geologic Survey. We know that Garfield County has the power to waive the CGS report as allowed according to article 12 from the Colorado Geologic Survey guidelines as described below: "The discretion to grant waivers is vested by law with the counties. Once an application for review is submitted to CGS we are under a statutory responsibility to respond.- . Erosion Control Plan There is no need for an erosion control plan because the there are no plans for subdivision improvements as part of the project. The work to provide utilities and access across Lot 1 will be done as part of the building permit and erosion control will be handled at that stage. Landscape Plan There is no need for a landscape plan because the objective is to not have any subdivision improvements as part of the subdivision plans. The native vegetation is detailed in the Pioneer Point Subdivision Vegetation Description. Groundwater and Aquifer Recharge Areas The site is currently served by a well from which the future Lot 1 residence will also be served. The wastewater will be treated with the use of a septic tank and infiltration field. The vast majority of the water used will return to recharge the groundwater. The project currently has two separate operational septic systems in place for the existing homes. A geotechnical evaluation will be done for the Lot 1 building permit to find a location for the septic field that is capable of adequately supporting waste disposal. Environmental Analysis This property is already in use as a residential property and that will not change with the addition of the new residence. Wildlife Study We have included the reference to the wildlife habitat profile mapping found on the Garfield County website. This was addressed in the sketch plan submittal. Radiation Hazard Study We would like a waiver from this requirement due to the low impact involved with this project. A further analysis will be provided for the building location on Lot 1 when research is done for building permit. Subdivision Improvements Agreement There will be no subdivision improvements as part of this project. The extension of access and utilities to the additional house on Lot 1 will be completed ahead of recording of the final plat. The extension of the water service to Lot 1 will be performed by the Eshelmans and the driveway upgrade across Hogan's property will be handled by the Eshelmans and Hogans ahead of recording of the final plat. Open Land Requirement We would like to waive the open land requirement in the 2030 comp plan because the subdivision was laid out prior to the 2030 comp plan. We were at the submittal stage and actively working with the County staff on our project during the change over to the 2030 comp plan. Again we are only adding one additional primary residence on this property. Roadway Standards The north lot will utilize a shared driveway in place on the Hogan property to the north of the proposed subdivision. This driveway is in place serving a primary residence and an ADU. This access will have an easement recorded prior to final plat that will give the traffic generated by Lot 1 access across the Hogan property along the existing drive up to the switchback and then continues across an extension spur that will be built prior to final plat. This easement will provide access to Lot 1 Pioneer Point Subdivsion and a building envelope yet to be determined. The shared driveway has been examined by the Deputy Chief of the Carbondale Fire District, Bill Gavette, and determined that the current driveway is adequate for emergency access. This driveway was allowed by the County in the past and is currently in use. The steepest section is the first leg of the existing driveway to a point where the Hogan ADU traffic is diverted off the shared driveway. This section of road that serves 3 residences is approximately only 90 feet. This section of the road is currently at 18% slope and approximately 17.5' wide. We are asking for a design standard waiver to allow this first segment of driveway to stay in its current configuration in order to avoid a third access point off of County Road 100. Most importantly, this proposed subdivision plan will not add any additional access points onto County Road 100 and with the shared driveway proposal it would avoid the need for several hundred feet of driveway up from County Road to a suitable building pad on Lot 1 and create a negative visual impact on the property. The 180' extension of the road across Hogan's property to the Lot 1 lot line will be per the primitive residential standard of 12' wide and a minimum 3' wide roadside ditch. We are asking for a road standard waiver to allow this new section of driveway to and across Lot 1 to be up to 14% grade in sections along the driveway. The fire department will make an evaluation of where we should be adding pullouts on this section of road once the building location is selected. The portion of the driveway extension across the Hogan property does not need a pullout to the short length and the switchback at the beginning of the extension already providing a turnaround location. Sincerely, HIGH COUNTRY ENGINEERING, INC.