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HomeMy WebLinkAbout2.0 Correspondence & ConditionsDECLARATION OF PROTECTIVE COVENANTS CLIFFORD CERISE UPPER RANCH MINOR SUBDIVISION This DECLARATION ("Declaration") is made this 23rd day of September, 2015 by the Clifford Cerise Ranch Co., LLLP, a Colorado limited liability limited partnership ("Owner"). ARTICLE I — GENERAL PROVISIONS 1.1 The General Purposes and Division of Property. Owner owns approximately 66.12 acres of real property located in Garfield County, Colorado and described and depicted on Exhibit A (the "Property"). As identified by the Clifford Cerise Upper Ranch Minor Subdivision Plat recorded in the public records of Garfield County, Colorado on the day of , 2015 at Reception No. (the "Plat"), the Property is hereby divided into three parcels: Lot 1, Lot 2, and Lot 3 (collectively, the "Lots). The purposes of the covenants, conditions, and restrictions contained in this instrument are to protect the value of the Lots, ensure proper administration of water rights, the plan for augmentation, and preserve the agricultural integrity of the Property. 1.2 Declaration. To further the purposes expressed herein, Owner, for itself, its successors and assigns, hereby declares that the Lots shall at all times be owned, held, used, occupied, and conveyed subject to the provisions of this Declaration, which terms covenants, conditions, and restrictions shall constitute covenants running with the land and shall be binding upon and inure to the benefit of each Lot Owner and any future owner of the Lots. 1.3 Benefit and Burden. Each Lot Owner shall have the right to enforce these covenants, conditions, and restrictions against the other Lot Owners. No Association shall be formed pursuant to this instrument. Further, the Property subject to this Declaration shall not be governed by the Colorado Common Interest Ownership Act, C.R.S. § 38-33.3-101 et seq. ARTICLE II — DEFINITIONS 2.1 Augmentation Plan. The plan for augmentation for the Clifford Cerise Well Nos. 1, 2 and 3, as decreed in the District Court, Water Division 5, Garfield County Case No. 14CW3028. 2.2 Building Envelope. An area on each Lot as depicted on the Plat for a single family residence, an ADU (as approved by Garfield County), irrigated landscaping and garden, and agricultural buildings. 2.3 Ditch. The C and M Ditch, from the location of the headgate to that point where water is diverted out of the Ditch into a pipe for use in the Water Infrastructure. 2.4 Lot. Lot 1, Lot 2 or Lot 3 of the Clifford Cerise Upper Ranch Minor Subdivision, as identified on the Plat recorded at Reception No. DECLARATION OF PROTECTIVE COVENANTS CLIFFORD CERISE UPPER RANCH MINOR SUBDIVISION Page 1 2.5 Lot Owner. An owner of Lot 1, Lot 2, or Lot 3 of the Clifford Cerise Upper Ranch Minor Subdivision, as identified on the Plat recorded at Reception No. 2.6 Natural Resource Conservation Service Grant. That grant provided to the Owner by the Natural Resource Conservation Service (NRCS) for the construction of a pressurized irrigation system, dated June 17, 2013. 2.7 Tract A. The Plat identifies parcel known as Tract A, which receives water from the Ditch, but which is not part of the Property or subject to this Declaration. 2.8 Water Decrees. Those decrees establishing the water rights in the C and M Ditch including the decrees in Case No. CA -132, Case No. CA -1075, and Case No. W-1431. 2.9 Water Infrastructure. The equipment associated with the pressurized irrigation system purchased in part using NRCS Grant funds that are used for the irrigation of the pasture located on Lot 1, Lot 2 and Lot 3. The Water Infrastructure starts at that point where water is diverted from the Ditch into a pipe for use in the pressurized irrigation system. 2.10 Water Rights. The ownership interest of 1.03 cfs in Priority No. 128 and of 1.37 cfs Priority No. 218B of the C and M Ditch historically associated with the irrigation of the Property. ARTICLE III — LOT RESTRICTIONS 3.1 Structures. Only one (1) single-family dwelling, together with agricultural structures and barns appurtenant thereto, shall be constructed on any Lot. One (1) accessory dwelling unit (ADU) not to exceed 1,500 square feet may be constructed on any Lot upon approval from Garfield County. All structures shall be completed in "ranch style" architecture. 3.2 Modular/Mobile Homes. No modular, mobile, or manufactured homes, steel buildings or any other structures not affixed to a foundation shall be constructed or placed on any Lot. This provision shall not apply to steel buildings that are used for agricultural structures or barns. Nor shall this provision prohibit the storage of a Lot Owner's motor home/5th wheel trailer so long as such vehicles are not used for residential purposes on the Lot. Each Lot may have up to two (2) pre -fabricated storage sheds not to exceed the dimensions of ten (10) feet by sixteen (16) feet. 3.3 "Dry Lot". No more than one-third (1/3) acre of each Lot may be used as a "dry lot" consisting of a confined, non -irrigated enclosure for livestock. All remaining areas of each Lot outside of the Building Envelope shall be either (a) left in a natural state or (b) irrigated consistent with the Water Decrees, Augmentation Plan, and this Declaration. 3.4 Domestic Animals and Livestock. Except as expressly limited herein, domestic animals shall be permitted on the Lots and shall be subject to any rules and regulations promulgated by Garfield County. DECLARATION OF PROTECTIVE COVENANTS CLIFFORD CERISE UPPER RANCH MINOR SUBDIVISION Page 2 a. Each Lot Owner shall be permitted to keep a maximum of two (2) dogs and two (2) cats on a Lot. b. No greater than four (4) livestock shall be permitted on each Lot. c. Each Lot Owner maintaining livestock shall ensure that a Lot is not overgrazed. 3.5 Fences. Boundary and other fences shall be permitted on a Lot. Fences shall be constructed of natural materials. No fences may be erected that prevent or inhibit the operation of the water infrastructure on Lot 1, Lot 2 and Lot 3. 3.6 No Further Subdivision. No Lot shall be further subdivided into smaller lots than what are shown on the Plat. This provision shall not prevent two or more of the Lot Owners from undertaking a lot line adjustment so long as no resulting parcel has fewer than five (5) acres. 3.7 Weed Control. Control of noxious weed is the responsibility of each Lot Owner. Compliance with the County Noxious Weed Regulations and Weed Act is required. 3.8 Wildlife. All trash shall be secured in bear proof containers or contained within secure enclosures. All pet food shall not be left out where it will attract wildlife. 3.9 Utilities. All private utilities shall be underground. No overhead service lines will be allowed. ARTICLE IV — WATER RIGHTS AND IRRIGATION 4.1 Ownership of Water Rights. Each Lot Owner shall own an interest in the Water Rights conveyed by separate deed. Each Lot Owner shall, to the maximum degree practical, irrigate the historically irrigated areas on their Lot with their interest in the Water Rights. 4.2 Use of Water Rights. Lot Owners' use of the Water Rights shall be subject to the following perpetual covenants: a. The Water Rights shall be used in accordance with the terms and conditions of the Water Decrees, the Augmentation Plan, and this Declaration. In particular, no Lot Owner shall use the Water Rights to irrigate areas identified as "dry up" in the Augmentation Plan. b. If a Lot Owner fails to use the Water Rights in accordance with Water Decrees, Augmentation Plan, and this Declaration, that Lot Owner may be enjoined from further use of the Water Rights until said Lot Owner comes into compliance with the applicable governing document. c. The Water Rights shall not be leased or sold for: (a) use on property other than the Lots; or (b) for quantified as dry -up unless agreed by one hundred (100) percent of the Lot Owners. DECLARATION OF PROTECTIVE COVENANTS CLIFFORD CERISE UPPER RANCH MINOR SUBDIVISION Page 3 d. A Lot Owner shall not use the Water Rights or Water Infrastructure in a manner that inhibits the owners of any other Lot or the owner of Tract A from receiving their pro -rata interest in the water diverted under the Water Decrees. 4.3 Operation of Irrigation System. a. To the extent possible, the historically irrigated pasture on Lot 1, Lot 2 and Lot 3 shall be managed as a single pasture for purposes of irrigation, hay production and grazing. b. Prior to each irrigation season, the Lot Owners of Lot 1, Lot 2 and Lot 3 shall determine each Lot Owner's responsibilities for operation and maintenance of the Water Infrastructure and maintenance and harvesting of the pasture. Unless agreed to differently, hay produced from the pasture shall be apportioned to the Lot Owners of Lot 1, Lot 2 and Lot 3 based upon their respective acreage in the pasture. After the Water Rights have ceased diverting for the year, a temporary fence may be erected along the property boundary between Lot 1, Lot 2 and Lot 3 and the Lot Owners may use the pasture on their respective Lots for grazing purposes. The Lot Owners of Lot 1, Lot 2 and Lot 3 may collectively lease the pasture to a third party for hay production and/or grazing. c. The Water Infrastructure shall be utilized in a manner consistent with the terms and conditions of the NRCS Grant. 4.4 Operation Maintenance Replacement & Repair. a. Ditch. Costs associated with the operation, maintenance, repair and replacement of the Ditch shall be paid forty-five (45) percent for Lot 1, forty-five (45) percent for Lot 2 and ten (10) percent for Lot 3. Payment for Ditch costs shall be made directly to the association or party responsible for incurring such costs. b. Water Infrastructure. The Owners of Lot 1 and Lot 2 shall each be responsible for forty- five (45) percent of the operation, maintenance, repair, and replacement costs associated with the Water Infrastructure. To the degree that water for irrigation on Lot 3 is delivered using the Water Infrastructure, Lot 3 shall pay ten (10) percent of the costs of operating, maintenance, repair and replacement of the Water Infrastructure. 4.5 Change of Operation of Irrigation System. Lot 1, Lot 2 and Lot 3 may fence their boundary line and undertake the exclusive irrigation and use of the pasture as located on their respective Lots if: (a) such fencing and exclusive use will not impair the ability of the other Lot Owner from using the Water Infrastructure to irrigate that Owner's Lot; and (b) such fencing and exclusive use will not cause a violation of the terms of the NRCS Grant; and (c) the Lot Owner seeking to undertake exclusive irrigation on his Lot pays for all costs associated with fencing and modifications required of the Water Infrastructure. 4.6 Domestic Water. Each Lot shall be served by a well decreed in the Augmentation Plan. One well shall be assigned for use on each Lot and operated pursuant to the Augmentation Plan. DECLARATION OF PROTECTIVE COVENANTS CLIFFORD CERISE UPPER RANCH MINOR SUBDIVISION Page 4 Each Lot Owner shall use the well in compliance with the terms of the Augmentation Plan and the respective well permits. At the time of approval of this Minor Subdivision, Lot 2 is the only parcel with a well. Lots 1 and 3 do not have wells. Pursuant to Garfield County Resolution 15- 19 recorded as Reception Number 861759, if a member of the Clifford Cerise Ranch Co., L.L.L.P. wishes to build a residence on Lot 1 or Lot 3, well permits shall be issued by the Division of Water Resources and well pump and water quality testing shall be completed and approved by the Garfield County Community Development Department prior to issuance of building permit(s). If Lot 1 or Lot 3 are sold to a non-member of the Clifford Cerise Ranch Co, L.L.L.P., well permits shall be issued by the Division of Water Resources and well pump and water quality testing shall be completed and approved by the Garfield County Community Development Department prior to any such sale. ARTICLE V — EASEMENTS 5.1 Drainage. Lot 2 shall be encumbered by an historic tailwater easement benefitting Lot 1 for the purposes of drainage and tailwater flow resulting from pasture irrigation on Lot 1. Lot 3 shall be encumbered by an historic tailwater easement benefitting Lot 1 and Lot 2 for the purposes of drainage and tailwater flow resulting from pasture irrigation on Lot 1 and Lot 2. 5.2 Augmentation Plan. There shall generally be such easements across Lot 1, Lot 2 and Lot 3 to provide for the operation of the Augmentation Plan. These easements shall include an easement for the augmentation pond and a lateral ditch connecting to the Ditch for the purpose of filling the augmentation pond. There shall also be such easement(s) for a lateral ditch or pipeline as may be required to deliver water from the augmentation pond to that point in the Crystal Springs Drainage where the augmentation water supplies are to be delivered. Such easements for purposes of operating the Augmentation Plan shall include reasonable access from the County Road and such reasonable amount of space around any ditch, pond or pipeline to properly allow for the operation, maintenance, repair and replacement of the same. 5.3 Water Infrastructure. Lot 1, Lot 2 and Lot 3 shall be encumbered by reciprocal easements for the purposes of reasonable access to the Water Infrastructure and the operation, maintenance, repair, and replacement of the Water Infrastructure. Such easement shall include the right of the Water Infrastructure to traverse Lot 1, Lot 2 and Lot 3 for the purpose of irrigating the pasture areas on all Lots. ARTICLE VI — ENFORCEMENT 6.1 Enforcement. Any Lot Owner shall have the right to prosecute an action to enforce the provisions of this Declaration and shall be entitled to injunctive relief and an award for damages as a court of competent jurisdiction may see fit. The prevailing party in any enforcement action shall be entitled to an award of its reasonable costs and attorney fees. DECLARATION OF PROTECTIVE COVENANTS CLIFFORD CERISE UPPER RANCH MINOR SUBDIVISION Page 5 6.2 Venue. The venue for any action involving the enforcement of this Declaration shall be in the courts of Garfield County, Colorado. ARTICLE VII - OTHER PROVISIONS 7.1 Term. The term of this Declaration shall be ninety-nine (99) years from the date it is recorded in the public records of Garfield County. 7.2 Amendment. The provisions of this Declaration may be amended by the vote of one hundred (100) percent of the Lot Owners. No amendment of this Declaration shall occur that could: (a) result in any provision of the Augmentation Plan being violated or (b) result in the inability to operate, maintain, repair and replace the infrastructure necessary to comply with the Augmentation Plan. 7.3 Severability. Should any part of this Declaration be declared invalid or unenforceable, such decision shall not affect the validity of the remaining portions of the Declaration. IN WITNESS WHEREOF, Owner has caused this Declaration to be executed this 23rd day of September, 2015. CLIFFORD CERISE RANCH CO., LLLP, a Colorado limited liability limited partnership. feeeAk± S By: Robert S. Cerise, General Partner STATE OF COLORADO ) ss. COUNTY OF f Qky'-c of C" The foregoing instrument was acknowledged before me this 201,6" by j2Q +S .Cie�'i 5 e as CLIFFORD CERISE RANCH O., LLLP. Witness my hand and official seal. My commission expires: )212-://5‘ ANA B GARCIA Notary Public State of Colorado Notary ID 20064051013 My Commission Expires Dec. 2212,1, 2018 Notary Pub of eff- DECLARATION OF PROTECTIVE COVENANTS CLIFFORD CERISE UPPER RANCH MINOR SUBDIVISION Page 6 CLIFFORD CERISE RANCH CO., LLLP, a Colorado limited liability limited partnership. S. By: Toni S. Cerise, General Partner STATE OF COLORADO ) ) ss. COUNTY OF ) The fore oing instrument was acknowl dged before me this 2 da of 20 by Tar) j S . &• aseita "Cir ar-kjerof C IFFORD CERISE RANCH CO., LLLP. Witness my hand and official seal. My commission expires: 2•l27�1 Jq ANA B GARCIA Notary Public State of Colorado Notary ID 20064051013 My Commission Expires Dec. 2211, 2018 STATE OF COLORADO ) ,) ss. COUNTY OF 414 %A. / Notary PubliCION,4r CLIFFORD CERISE RANCH CO., LLLP, a Colorado limited liability limited partnership. lI, (------ By: Michael B. Cerise, General Partner The foregoing instrument was acknowledged before this dla'y of ? 7+ , 20.5—by rfikjia e 1 B• C�i4e as e, I ( a,r LIFFORD CERISE RANCH CO., LLLP. Witness my hand and official seal. My commission expires: )2424/ ANA B GARCIA Notary Public State of Colorado Notary ID 20064051013 My Commission Expires Dec. 22a , 2018 Notary Public DECLARATION OF PROTECTIVE COVENANTS CLIFFORD CERISE UPPER RANCH MINOR SUBDIVISION Page 7 Line Road Impact Fee Calculation Worksheet - Cerise Minor Subdivision Notes Fillable Fields in Bine 1 Project / Application Lest Traffic Study Arca 11 As identified in Resolution 98-26 Land Use (Number of Total Dwelling Units. Including ADUs) I Date Prepared 2/16/2015 2 Base Road Cost S6,220.00 As identified in Resolution 98-2E 3 Road Capacity in ADT 16.200 As identified in Resolution 98-2E 4 Road Cost per ADT $383.95 Should match Resolution 98-28 5 ADT per Land Use 9.?7 Based on ITE Manual 6 Base Road Impact Fee per Land Use $3.674.41 TAX CREDITS 7 80/5 of Annual R&B Property Tax per Land Use $28.16 Road and Bridge Mill Levy for 2014 is 3.5 8 County Discount Rate 5.00'5 Rate updated annually by Treasurers Office 9 Road Design Life (Years) 17 10 Present Worth Factor 10.84 County Workbook 11 Property Tax Credit $305.25 Multiply Line 7 by Line 1C 12 UNADJUSTED ROAD IMPACT FEE $3,369.15 Line 11 subtracted from Line E INFLATION ADJUSTMENT 13 Denver-Boulder CPI Year of Cost Estimate 158.1 CPI for 1997 14 Denver-Boulder CPI Year of Impact Fee Calc. 235.4 Estimated CPI for 2014 15 Inflation Factor 1.4889 Line 14 divided by Line 13 16 PRE-CONSTRUCTION INFLATION ADJUSTED IMPACT FEE $5,016.44 Multiply Line 12 by Line 15 Note: Calculation not necessary if construction cost estimate is the same year as the fee is collected POST-CONSTRUCTION COST ADJUSTMENT 17 County Discount Rate 5.00% Rate updated annually by Treasurers Office Note: If the road construction was financed, derive the financed rate from the debt repayment schedule prepared for the financing and substitute the derived rate for the Discount Rate 18 Term (Nears since the road was constructed) 0 19 Compound Interest Multiplier 1 County Workbook Note: In the case of debt finaning, enter the imputed multiplier from the debt service schedule prepared for the finance instrument. 20 POST-CONSTRUCTION ADJUSTED IMPACT FEE RRN/A Multiply Line 12 by Line 19, N/A if Line 18 = 1 TOTAL FEE FOR TOTAL NUMBER OF DWELLING UNITS Multiply Line 16 by Number of Dwelling Units -- $5,016.44 1/2 OF FEE TO BE PAID AT FINAL PIAT Total Fee divided by 2 I $2,508.22 IMPACT FEE TO BE COLLECTED WITH EACH BUILDING PERMIT 1/2 of Fee divided by Number of Dwelling Units $2,508.22 �,`__ GQYf c?lc1 COuszt-' For reference when entering into NWS TRAFFIC STUDY AREA (AKA ROAD IMPACT FEES) REVENUE DEPOSIT FORM YEAR 2015 REVENUE CASH & CHECKS REVENUE CODE REVENUE CODE DESCRIPTION TSA 1 STUDY AREA #1 TSA 10 STUDY AREA #10 TSA 11 STUDY AREA #11 TSA 2 STUDY AREA #2 TSA 3 STUDY AREA #3 TSA 4 STUDY AREA #4 TSA 6 STUDY AREA #6 TSA 8C STUDY AREA #8C TSA 8D STUDY AREA #8D TSA 8E STUDY AREA #8E TSA 8F STUDY AREA #8F TSA 8G STUDY AREA #8G TSA 9 STUDY AREA #9 BANK ACCT CHECKS: $ 5,016.44 RECEIVED FROM: NEW WORLD SYSTEMS ACCT # Fund Dept Sub Dept Acct # $ Amount 128 28 161 3400 128 28 170 3400 128 28 171 3400 $5,016.44 128 28 162 3400 128 28 163 3400 128 28 164 3400 128 28 166 3400 128 28 168 3400.800 128 28 168 3400.804 128 28 168 3400.808 128 28 168 3400.812 128 28 168 3400.816 128 28 169 3400 CASH: $ BECKY WHEELERSBURG $ 5,016.44 DATE: SEPTEMBER 29, 2015 CASH ONLY IF ALL CheckLockT" SECURITY FEATURES LISTED ON BACK INDICATE NO TAMPERING OR COPYING .x Clifford Cerise Ranch Company P.O. Box 187 Carbondale, CO 81623 ORDER OF ( Q,P--t- lCOUr:41 V' ' ` LQ,%ri l"fe✓ PAY TO THE ALPINE BANK CARBONDALE, COLORADO 82-340/1021 2118 gfrigi s- $ r7O f to A TAMPER RESISTANT TONER AREA A fir, AA- , - t -":"-?-c s MI -8041 uv Cczs-e Cipf POO 2 L L130 ': LO 2 L034071: 40 40 20 7764o' DOLLARS ET ONLY 112 Garfield County Deposit to Garfield County Treasurer COMMUNITY DEVELOPMENT YEAR 2015 REVENUE NIR CODE G/L ACCT # REVENUE DEPOSIT FORM CHECKS & CASH rcu,l,rer, t•,c FUND SUFFIX $ Amount 1<I'A 2957 (i0 SCHACQ RE#1 SCHACQ RE#2 SCHACQ #16 SCHACQ #49JT SCHACQ #50,J 2960 2961 2962 2963 2964 3401 3401 3401 3401 3401 000 000 000 000 000 BANK ACCT $ 723.00 $ 723.00 CHECKS $723.00 C ASH $ 0.00 Received From: Becky Wheelersburg Date: SEPTEMBER 29, 2015 CASH ONLY IF ALL CheckLock'"SECURITY FEATURES LISTED ON BACK INDICATE NO TAMPERING OR COPYING Clifford Cerise Ranch Company P.O. Box 187 Carbondale, CO 81623 PAY TO THE ORDER OF C— Y. E (I) Couid-9 �.t&Vrt4 1 6 t4 Iv -e (i� J 2,v� = tk r:t c06 '1 ALPINE BANK CARBONDALE, COLORADO 82-340/1021 A TAMPER RESISTANT TONER AR A A (C-\ - 41 wv( MEMO CLA4v.c.1,6ft1/4,C kP.pt,r ttW 8UKr`- '1122)16 I $ `T23c' 2104 DOLLARS 11'00 2 L0411' ': 10 21034071: 40 40 2077640 Broker Price Opinion: As of July 21, 2015, I have evaluated the 65.7 acres of vacant land owned by the Clifford Cerise Ranch Co. and located at TBD County Road 105, Carbondale, Colorado. have taken into consideration the Subject Property location and the rural farm/ranch and residential uses. Due to the lack of recent comparable area sold properties, pending sales and active listings in similar size have been added into the final value recommendation of $793,590. Included in this report is an evaluation spreadsheet, comparable information, photos and a map. The Opinion of Value is based on fair market comparison, current market conditions, and my opinion as to what a ready, willing, able, and knowledgeable Buyer would pay and a ready, willing, able, and knowledgeable Seller would accept in today's market place. I have made no separate survey of title search of the property and therefore assume no responsibility in connection with such matters. Further, I take no responsibility for matters of a legal nature nor do I render an opinion as to title which is presumed to be good. Respectfully submitted, Michael R. Ke ned , GRI Broker/Owner RE/MAX Mountain West 0985 Hwy 133 Carbondale, CO 81623 (970) 379-3907 Glenwood Springs Association of REALTORS mikekennedyCa�sopris. net http://www.ColoradoHomesRanches.com Enclosure/Attachment g3u2J Jaddn asua: r- (.71. (. 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CD o O • D) fD Q R o CD CD O - o m (D 0 umd - esav} to 7' !D 0 0 {/T N 1.0 0 0 O 00 1/1 O O 0, 01 cn to t0 O O O A 0) w V O l)1 0 1.0N O crs N V 0) 3 7J 7 A S C)7 NCD N • 7 OCD St0 0_ .iayleaH pql O CO c f• p -< n 2 O 7 O V W t0 NJ N N 0 N 00 N N 0 µ N tit 0, 0 0 O .A O O O 0, to NJ N O00 O O (TioZ/8/8) 91t' C QO (D 0 0. 0 -n d 7 C) v, Q. a) a D) O 0 Q. r,73 rL O 7 Cl CD (D c- 0 0 .�-. • CL a O a to o a) 0 O f� n O C < < rt rD „< CD 20 a 0 a Subject Property Farm Ranch aagwnj tS!l S1W a) i7 00 co n n ▪ O 0 o �, 0 o. n .7* • Q ~' C '< O_ v O0 7 D Z tl. Q. (D m 0 n 0 7 01 01 o to f-' N 1 n (D (RD (.0 01 0 0. a) co 9+ a) C H 0 ro cm. o CD —) rl N O 0. .9 n (D fDR 0.1 - v rts W N 3D O m tpued iaddn asua^ CD 0 Averages I 73 1 $12,079 Seller Financing Available to Qualified Buyers: Located on the South ridge line of Panorama Ranch Subdivision, this three lot subdivision off• ers all the Listing Broker benefits of paved roads all the way home and views from Snowmass to Sunlight. A Once in a lifetime opportunity affords the discerning buyer, land, Remarks privacy, views, roads in, water and the shared well drilled. Subdivided into three parcels (8+ acres, 10 acres & 27+ Acres) the property is ready to build your dream house, barns, garages and accompanying homes. Q w o-...1 « Listing Broker Remarks C 00 « Listing Broker Remarks 137242 ( \ ] m - - \ / w 00 w / g G E _ i \ 3 < &E , 2 7- Unique mid -valley opportunity with multiple possibilities for this 78 acre parcel of land that has 625' frontage on Hwy 82, zoned ARRD for agricultural/residential use. South facing approx 2/3 of the property is gently flat & rolling, some hillside. Most recently used as a kennel & corral/pasture for horses. Building has 58 indoor/outdoor dog runs, grooming room, office, kitchen, laundry, storage & reception areas. • • 3 70 % This propety is comprised of a total of 59.65 acres, a perfect development opportunity. There are two areas of activity separating the property into two lots to allow the buyer to construct two separate residences with th optin to sell one, 5750 square feet above grade FAR is allowed on each lot. The property bordres BLM and is only a quarter mile from HWY 82. It is 14 miles from Aspen and a short drive to some of the best hunting and flyfishing the country. }- / Beautiful 41.187 acre parcel with great owner carry terms. Pinion and juniper trees abound, never ending views, close to skiing, biking, I fishing! i\ / w 7 m & 9 7/ /2 \ /) k \ / 3 n z °® = 0 # f f\ m Q m w = m, a 0 23 0 cD $o f E 0 0 an < L fD \ o- _ 0 o> & a ƒ toyr 0 0± C / 7 \ R. E 2 \ 0\ _Ln rs \_ o » , q = ? \ / M. E = A 2 \ \ \ [ § \ # 0 o 2 Cu f \ Location 00 > 0 2 ° 0 § Sold Date Under Contract Date fl > rt > / > / > \ Status ter © n $ o S o in. CNOJ 0 0 4 0 Original List Price « 00 VI o e / o 2 1.0 0 o « 0 a Days On List Price Sold Price Price per Market (Begin acre Date) / / ID R / 00 W in NJ 0 Ln - La k 0 CO ao k§ 0i0 97 (04/15/2015) flexmls Web Street Map 7 Properties Cattle Creek: F o gin Carbondale 133 atnerine e!n�� - N,th41,1 ! 1 SpmQ3!:t. 11-eso2ry-n r Emma Basalt thing° Sno' Legend 1. Tbd Heather Lane, Glenwood Springs, CO 81601(122400) 6.07097 A County Rd 115, Glenwood Springs, CO 81601 (138720) 2. Tbd Rural Mountain Road, Snowmass, CO 81654 6. Tbd Panorama Drive Lots A B C, Carbondale, CO 81623 (121007) (113406) 3.8102 County Road 117, Glenwood Springs, CO 81601 (136583) 4. 16704 Highway 62, Carbondale, CO 81623(128718) 7. 352 & 354 Snowmass Creek Road, Snowmass, CO 81654 (137242) 7/21/2015 Account Account: R111547 Parcel Number 2393-241-00-261 Situs Address City Carbondale ZipCode 81623 Tax Area 011 - IR -MF - 011 Legal Summary Section: 24 Township: 7 Range: 88 PARTS OF LOTS 2,5, & 6 inner Information Owner Name CERISE, CLIFFORD RANCH COMPANY Owner Address 86 COUNTY ROAD 104 CARBONDALE, CO 81623-9604 Sale Price Sale Date Tax Year * Estimated Images Taxes *2015 $553.72 2014 $422.72 — Doc Type i Page 1 of 1 1seYMN!srry Actual (2015) $27,580 Assessed $7,990 Tax Area: 011 Mill Levy: 69.3010 Type Actual Assessed Acres SQFT Units Land $27,580 $7,990 65.670 0.000 0.000 Book Page http://act.garfield-county.con-ilassessor/taxweb/account jsp?accountNum=R111547 7/21/2015 Account Page 1 of 1 Account: R111547 Land • .\Itrihule. Property Code IRRIGATED LAND-AGRICLTRL. Acres SQFT Units 42 0 0 Econ Area Frontage Depth Land Size Unit Type Character 2 Character 3 Characteristics http://act. garfield-county. conA/ass essor/taxweb/account ,j sp?accountNutn=R 111547&doc=... 7/21/2015 Account Page 1 of 1 Account: R111547 Land • ,\u; thine, Property Code GRAZING LAND -AGRICULTURAL Acres SQFT Units 23.67 0 0 Econ Area Frontage Depth Land Size Unit Type 1 Character 2 Character 3 Characteristics http://act.garfield-county.com/assessor/taxweb/account.jsp?accountNunn=R 111547&doc=... 7/21/2015 flexrnls Web Address: Tbd Heather Lane, Glenwood Springs, CO 81601 Price: 540,000 Property Type: RES Vacant Land Seller Concessions: Yes MLS #122400 Hear the quiet and see the stars. Extremely private yet ten minutes to Hwy 82. This 72+ acre property provides spectacular views of Mt. Sopris and Sunlight Peak. It includes a nice vehicle / equestrian easement, several choice building sites, open fields, forest, hunting stands and a cliff. f Location Info Days On Market 416 Sub -Type Mining Claims Area 09 -South of Glenwood List Price Per/Acre 7,433.92 Type Major Area Original List Price Farm/Ranch Glenwood 540,000 Keywords Info Lot Size Listing Info Listing Date BB% Flat Fee Short Sale Foreclosure Member Association Refer to Acreage 08/08/2011 3 No No No Aspen Association Acreage TB% Variable Comm Limited Service REO Agency Deeds 34.1 - 100 3 No No No Excl Right to Sell General Warranty 1 General Info Sub/Loc Legal Lot SgFt County Seller's Name FAR Parcel # Directions None Section: 25 Township: 6 Range: 89 TR IN NE Nbr of Acres 72.64 3,136,320.64 Garfield Boyle / Lerma No 218525100105 Account # R050208 Above Spring Valley, four miles from Hwy 82. Call fisting broker for directions. Agent/Office Info Listing Office Selling Office Financing Info Coldwell Banker Mason Morse Office: 970-928-9000 FAX: 970-928-0977 Coldwell Banker Mason Morse Listing Member Judy Sullivan Selling Member Judy Sullivan Taxes Transfer Tax HOA Dues Earnest $/% 2,884.96 No None 25,000 I Status Change Info Tax Year 2011 HOA Dues Y/N No Special No Assessments Earnest $ Payable To Springs Stewart Title - Glenwood Status Closed Status Change 09/28/2012 Date Details 1 Possible Use: Lot Description: Electric: Gas: Water. Extras: Mineral Rights: Water Rights: Crops: Documents on File: Terms Offered: Possession: Showing Instructions: Access: Sign: Multi -Family; Ranch; Single Family Borders Public Land; Flat; Horse Property; Livestock Permitted; Rolling; View; Wooded Lot No Propane Well Installed; Well to be Drilled Fencing; Horse Property No None No Easements; Survey Cash DOD Call Listing Office Private; Unpaved Yes 7/21/2015 flexmis Web Under Contract 08/2112012 Date Sold Date 09/27/2012 Sold Price 5,892.07 Per/Acre Proposed Close 09/12/2012 Date Sold Price 428,000 How Sold Other Remarks Addendum Parcel number 2185-251-00-103, 36.15 acres, could be sold separately for $250,000. Information is deemed to be reliable, but is not guaranteed. O 2015 MLS and Ff3S. ' GRI on Tuesday. July 21, 2015 11:15 AM. The information on this sheet has been made available by the MLS and may not be the listing of the provider. 7/21/2015 flexmls Web Address: Tbd Rural Mountain Road, Snowmass, CO 81654 Price: 895,000 Property Type: RES Vacant Land Seller Concessions: No MLS #121007 The largest land parcel available in Shield -O -Mesa. 121 acres perched atop the mesa and located at the end of Rural Mountain Road. "See forever" views of Aspen, Snowmass, Capital, Daly and Sopris Mountains. Subdivide into 3 parcels for development or keep intact as one large estate property. Location Info Days On Market 527 Sub -Type N/A Area 04-OId Snowmass List Price Per/Acre 7,396.69 Type Major Area Original List Price Farm/Ranch Old Snowmass 1,900,000 (Keywords Info Lot Size Refer to Acreage Acreage 101 + Listing Info Listing Date BB% Flat Fee REO Member Association 05/09/2011 3 No No Aspen Association TB% Variable Comm Limited Service Agency Deeds 3 No No Excl Right to Sell General Warranty [General Info Sub/Loc Legal Lot SqFt County Seller's Name FAR Parcel # Directions Shield 0 Mesa Shield -O -Mesa Section: 14 Township: 9 Range:86 Property in secs 14 152223&27ofT95R86WS2NW4 5,270,760 Nbr of Acres 121 Pitkin Chisholm Yes Account # R006379 264514300013 Call listor. (Agent/Office Info Listing Aspen Snowmass Sotheby's Office International Realty -Hyman Mall Office Phone: 970-925-6060 Fax: 970-920-9993 httpl/www. h Op: liaspensnowrnasssIt cern Selling Leverich & Carr Selling Thomas S. Carr Office Member Listing Mark Haldeman Member Cell: 970-379-3372 Office: 970-925-6060 Yattp rsv.'.» tai =kl l.:ticic>nt ft cote I Financing Info Taxes Transfer Tax Earnest $/% 9,118.24 No TBD Tax Year HOA Dues Y/N Earnest $ Payable To 2011 No Title company Status Change Info Status Closed Under Contract 10/16/2012 Date Status Change 03/25/2013 Date Proposed Close 03/22/2013 Date 7/21/2015 flexmls Web Sold Date 03/22/2013 Sold Price 549,000 Sold Price 4,537.19 How Sold Cash Per/Acre information is deemed to be reliable, but is not guaranteed. ® 2015 MLS and CBS. GRI on Tuesday, July 21, 2015 11:15 AM. The information on this sheet has been made available by the MLS and may not be the listing of the provider, 7/21/2015 1 flexmls Web Address: 8102 County Road 117, Glenwood Springs, CO 81601 Price: 595,000 Property Type: RES Vacant Land MLS #136583 Pristine 90 acres with good access off County Road 117. Beautiful Tush meadows, irrigation rights, current use is agricultural. Expansive views and only 10 minutes to Glenwood or 3 miles to Ski Sunlight Mountain Resort. Some fencing in place. Perfect for a private retreat or a great develo mentroperty_ $595,000 Location Info Days On Market 263 Sub -Type N/A Area 09 -South of Glenwood List Price 6,562.98 Per/Acre Type Major Area Original List Price Single Family Lot Glenwood 595,000 Keywords Info Lot Size Refer to Acreage Acreage 34.1 - 100 Listing Info Listing Date BB% Flat Fee Short Sale Foreclosure Agency Deeds General Info 10/31/2014 2 No No No Excl Right to Sell Special Warranty TB% Variable Comm Limited Service REO Auction Member Association 2 No No No No Glenwood Association Sub/Loc Legal Lot SqFt County Seller's Name FAR Parcel # None Metes and Bounds, call listing agent 3,949,331 Nbr of Acres 90.66 Garfield Zoning ag UPPER FOUR MILE ROAD RANCH COMPANY No Account# R080901 239526200109 Directions Approximately 8.1 miles up County Road 117, the access drive is on the left, just before the cluvert/bridge. Agent/Office Info Listing Office Coldwell Banker Mason Morse Office: 970-928-9000 FAX: 970-928-0977 Listing Member Starla Haynes Mason Morse: 970-928-0997 Cell: 970-379-5815 httpltwww masonrnorse cot„ (Financing Info Taxes Transfer Tax HOA Dues 1,103 No n/a Earnest $/% 15,000 Seller Will Trade No Tax Year HOA Dues Y/N Special Assessments Eamest $ Payable To 2015 No n/a Stewart Title Status Change Info Status Pending Status Change 06/08/2015 Date Details Lot Description: Mineral Rights: Water Rights: Terms Offered: Possession: Showing Instructions: Access: Sign: Rat; Rock Outcropping; Rolling; View No Irrigation Cash DOD Call Listing Office Easement Yes 7/21/2015 flextnls Web Under Contract 06/01/2015 Contingent Financing Date Proposed Close 06/26/2015 Sold Price 0 Date Per/Acre Information is deemed to be reliable, but Is not guaranteed. © 2015 MLS and h BS. , GRI on Tuesday, July 21, 2015 11:15 AM. The information on this sheet has been made available by the MLS and may not be the listing of the provider. 7/21/2015 I General Info flexmls Web Address: 07097 A County Rd 115, Glenwood Springs, CO 81601 Price: 750,000 Property Type: RES Vacant Land MLS #138720 Beautiful 41.187 acre parcel (a) with great owner carry terms. Pinion and juniper trees abound, never ending views, close to skiing, biking, hunting & fishing! Adjoining parcel (b) is 35 acres and listed for $475,000 [Location Info Days On Market 97 Sub -Type N/A Area 09 -South of Glenwood Type Major Area Original List Price Single Family Lot Glenwood 750,000 I Keywords Info Lot Size Refer to Acreage Acreage 34.1 -100 Listing Info Listing Date BB% Flat Fee Short Sale Foreclosure Agency Deeds 04/15/2015 3 No No No Excl Right to Sell General Warranty TB% Variable Comm Limited Service REO Auction Member Association 3 No No No No Glenwood Association Sub/Loc Legal Lot SciFt County Seller's Name FAR Parcel # Directions None Metes and bounds - contact Listing Agent Nbr of Acres Zoning 1,793,801 Garfield Seller 41.18 Rural No Account# 05071-15028 218526400017 Call listing agent for directions. Frank Coley at 970.424.3333 or 970.945.9999 I Agent/Office Info Listing Office United Country Listing RealQuest Realty, Inc Member Office Phone: 970-256- 9700 Fax: 970-256-1766 Financing Info Omar Richardson Office Phone: 970-256-9700 Taxes Transfer Tax Earnest $/% 0 No 10000 Financing Owner Financing Remarks Available Tax Year 2015 HOA Dues Y/N No Earnest $ Stewart Title Payable To Seller Will Trade No 1 (Status Change Info Status Active Status Change 04/23/2015 Date Details Possible Use: Lot Description: Electric: Gas: Extras: Mineral Rights: Water Rights: Crops: Documents on File: Disclosures: Terms Offered: Possession: Showing Instructions: Access: Sign: Multi -Family; Ranch; Single Family Horse Property; Livestock Permitted; Rock Outcropping; Rolling; Steep; View; Wooded Lot No None Fencing; Horse Property No None No Easements; Survey Easements Cash; Seller Finance DOD Cali Listing Office Easement; Unpaved Yes Information is deemed to be reliable, but is not guaranteed. ® 2015 MLS and GRI on Tuesday, July 21, 2015 11:15 AM. The information on this sheet has been made available by the MLS and may not be the listing of the provider. 7/21/2015 flexmls Web Address: 352 & 354 Snowmass Creek Road, Snowmass, CO 81654 Price: 1,295,000 Property Type: RES Vacant Land MLS #137242 Gorgeous property on Snowmass Creek Road with endless opportunity for dream home status. This property is comprised of a total of 59.65 acres, a perfect development opportunity. There are two areas of activity separating the property into two Tots to allow the buyer to construct two separate residences with the option to sell one, 5,750 square feet above grade FAR is allowed on each lot. The property borders BLM and is only a quarter mile from HWY 82. it is 14 miles from Aspen and a short drive to some of the best hunting and fly fishing in the country. It also stands at a very short distance from the Roaring Fork Club, an incredible Private Club and Golf Course. Location Info . `�`� Days On Market 190 Sub -Type N/A Area 04-OId Snowmass Type Major Area Original List Price Multi -Family Lot Old Snowmass 1,295,000 ords Info Lot Size Refer to Acreage Acreage 34.1 - 100 [ Listing Info Listing Date BB% Flat Fee Short Sale Foreclosure Agency Deeds 01/12/2015 3 No No No Excl Right to Sell General Warranty TB% Variable Comm Limited Service REO Auction Member Association 3 No No No No Aspen Association [General Info Sub/Loc Legal Lot SqFt County Seller's Name FAR Parcel # Directions None Lot 1, Fox Subdivision Lot 2, Fox Subdivision 2,537,199 Nbr of Acres 59.65 Pitkin Zoning AFR-10 Fox/ Pope No Account # R006608 246727301001 Turn off of Hwy 82 onto Snowmass Creek Road at the Connoco Station. Take your first left off of Snowmass Creek Road at 354 Snowmass Creek Road. AgentlOffice Info Listing Office Aspen Associates Realty Listing Member Group LLC Office: 970-544-5800 FAX: 970-544-8185 Colter Hawkes Smith Cell Phone: 970-309- 2000 Office Phone: 970-544- 5800 J Financing Info Taxes Transfer Tax HOA Dues Eamest $ Payable To 6,680.04 No no Title Company of the Rockies Tax Year 2014 HOA Dues Y/N No Earnest $/% 5% Seller Will Trade No Details Lot Description: Borders Public Land; View Electric: Yes Propane Wet Installed Septic No Easements; Survey Gas: Water: Sanitation: Mineral Rights: Documents on File: Disclosures: Terms Offered: Possession: Showing Instructions: Sign: Easements; Has Known Defects Cash; Seller Finance DOD 24 Hour Notice Yes 7/21/2015 flexmis Web Status Change Info Status Active Status Change 01/13/2015 Date Information is deemed to be reliable, but is not guaranteed. © 2015 MLS and FDS. GRI on Tuesday, July 21, 201.5-11:15 AM. The information on this sheet has been made available by the MLS and may not be the listing of the provider. 7/21/2015 flexmls Web Address: 16704 Highway 82, Carbondale, CO 81623 Price: 699,000 "IM1~♦Y-_ . _,........-.,. _._ _, _ .._ Property Type: RES Vacant Land MLS #128718 Unique mid -valley opportunity with multiple possibilities for this 78 acre parcel of land that has 625' frontage on Hwy 82, zoned ARRD for agricultural/residential use. South facing approx 2/3 of the property is gently flat & rolling, some hillside. Most recently used as a kennel & corral/pasture for horses. Building has 58 indoor/outdoor dog runs, grooming room, office, kitchen, laundry, storage & reception areas. Location Info Days On Market 806 Type Farm/Ranch Sub -Type N/A Major Area Carbondale Area 07 -Carbondale Rural Original List 799,000 Price List Price Per/Acre 8,961.54 1 I Keywords Info Lot Size Listing Info Listing Date BB% Flat Fee Short Sale Foreclosure Agency Deeds Refer to Acreage Acreage 34.1 - 100 02/13/2013 3 No No No Excl Right to Sell General Warranty TB% Variable Comm Limited Service REO Auction Member Association 3 No No No No Aspen Association I General Info Sub/Loc Legal Lot SqFt County Seller's Name FAR Parcel # Directions None Metes & Bounds, A parcel of land situated in the NW 1/4 of Sec 32, T7S, R87 W of the 6th PM.... 3,410,748 Nbr of Acres 78 Garfield Zoning ARRD Snow Country Investments II No Account# R011062 239129300082 Highway 82 South of CR 100 (Aspen side of Catherine's Store)on the North side of Hwy 81, Driveway to the "Kennel Property" Call listor for details. Agent/Office Info Listing Aspen Snowmass Sotheby's Office International Realty -Basalt Office Phone: 970-927-8080 http'//www.aspensnovvr ssir ccr➢' Listing Terry Harrington Member Cell: 970-948-9090 Fax: 970-927-6730 4437 Home: 970-945-7704 [Financing Info Taxes Transfer Tax HOA Dues Eamest $ Payable To 5,140.76 No n/a Title Company tbd Tax Year 2014 HOA Dues Y/N No Earnest $/% 40,000,00 I Status Change Info Details Possible Use: Lot Description: Electric: Gas: Water: Sanitation: Extras: Mineral Rights: Water Rights: Crops: Documents on File: Terms Offered: Possession: Showing Instructions: Access: Sign: Multi -Family; Ranch; Single Family; Subdivision Flat; Horse Property; Livestock Permitted; Rolling; Steep; View Yes Propane Well Installed Septic Common Area; Corrals; Fencing; Horse Facilities; Horse Property; Out Building No Domestic No Leases; Survey Cash; Lease Option; Seiler Finance DOD; Negotiable Call Listing Office; Short Notice; Vacant Paved Yes 7/21/2015 flexmls Web Status Active Status Change 05/02/2015 Date Sold Price 0 Faf[through Date 01/21/2015 Per/Acre is The information n deemed this to be s sheet reliable, as bebut n mas de notguaranteed.by the MLS and may not be the fisting of the provider. 7/21/2015 on Tuesday, July 21, 2015 11:15 AM. 7/21 /2015 flexmls Web C20 i b Propr:rty of Aspe r:CtfenwcodM S Address: Tbd Panorama Drive Lots A B C, Carbondale, CO 81623 Price: 859,000 Property Type: RES Vacant Land MLS #113406 SELLER FINANCING AVAILABLE TO QUALIFIED BUYERS: Located on the South ridge Zine of Panorama Ranch Subdivision, this subdivision offers all the benefits of paved roads all the way home and views from Snowmass to Sunlight. A Once in a lifetime opportunity affords the discerning buyer, land, privacy, views, roads in, water and the shared well drilled. Subdivided into three parcels (8+ acres, 10 acres & 27+ Acres) the property is ready to build your dream house, barns, garages and accompanying homes. 1 Location Info Days On Market 2115 Sub -Type N/A Area 06 -Missouri Heights List Price 214,326.09 Per/Acre Keywords Info Type Major Area Original List Price Farm/Ranch Missouri Heights 1,735,650 Lot Size !Listing Info Refer to Acreage Acreage 34.1 - 100 Listing Date BB% Flat Fee Short Sale Agency Deeds I General Info 10/05/2009 2.50 No No Excl Right to Sell General Warranty TB% Variable Comm Limited Service REO Member Association 2.50 Yes No No Glenwood Association 1 Sub/Loc Legal Lot SgFt County Seller's Name FAR Account # Directions Panorama Reserve Lots A, B & C 2,003,760 Garfield Lewis Yes R044301 See Addendum Nbr of Acres 46 Allowable FAR 15,000 Parcel # 239117402003 j AgentlOffice Info Listing Office Amore' Realty Office: 970-963-5177 FAX: 970-963-5178 http://www _ amo rerea lty. com Financin Info Taxes 8,390.04 Transfer Tax No Earnest $/% 10% 'Status Change Info Listing Member Lynn M. Kirchner Home: 970-963-5155 Ceti: 970-379-4766 hltp://www.amorerealty cam Tax Year 2011 HOA Dues Y/N No Earnest $ Stewart Title Carbondale Payable To Status Active 0 Status Change 10/09/2009 Date I Details Possible Use: Lot Description: Electric: Gas: Water: Sanitation: Extras: Mineral Rights: Water Rights: Crops: HOA Fee Includes: Documents on File: Terms Offered: Possession: Showing Instructions: Access: Sign: Ranch; Single Family; Subdivision Flat; Horse Property; Rolling; View Yes Natural Gas Well Installed Septic Horse Facilities; Horse Property; Other Residences No Available; Irrigation No Road Maintenance Survey Cash DOD Call Listing Office Paved; Unpaved Yes 7/21/2015 1 flexmls Web Sold Price Per/Acre Remarks Addendum Hwy 82 To CR 100 North past CR 102 Rd and past CR 103 Rd. Take a right onto CR 170 Panorama Ranch Road — follow Road into Panorama Ranch past Buck Point Rd and make a right onto Panorama Ranch Rd Loop. Signs for each lot are on the right, Lot Cis seen first, then enter new road, Lot B is up road to the left and Lot A is all the way back to turn around information is deemed to be reliable, but is not guaranteed. O 2015 MLS and FBS. , GRI on Tuesday, July 21, 2015 11:15 AM. The information an this sheet has been made available by the MLS and may not be the listing of the provider. 7/21/2015 Glenn Hartmann From: DeWolfe - DNR, Jake <jake.dewolfe@state.co.us> Sent: Monday, September 21, 2015 10:57 AM To: Glenn Hartmann Cc: Dwight Whitehead - DNR Subject: Cerise 14CW3028 Glenn, Just wanted to let you know that I have inspected the Augmentation Structures associated with 14CW3028, Clifford Cerise Ranch Co. All the structures are in place and operational. The pond has been constructed and stored water, with a low level outlet to make releases. The dry -up has been marked and measured. I am still awaiting a survey of the pond, which according to Mike Cerise has been completed. Per the decree, the applicant should now apply for the correct well permit with Dwight W. at our office. Please let me know if you have any questions. Jake DeWolfe Water Commissioner District 38 Li P 970.355.4787 1 F 970.945.8741 202 Center Drive, Glenwood Springs, CO 81601 jake.dewolfe@state.co.us 1 www.water.state.co.us 1 Glenn Hartmann From: Michael Cerise <mike@csbldr.net> Sent: Friday, September 18, 2015 8:27 AM To: Glenn Hartmann Subject: RE: Clifford Cerise upper ranch minor subdivision Attachments: Carbondale Rural Fire Dept Agreement signed 7-29-15.pdf; Declaration of Protective Covenants(5)kc revised.pdf Hi Glenn, just an update, Marge at Lines in Space is fixing the plat and we will make a mylar and start acquiring the signatures and stamps that are required. To confirm, We do not have any lien holders on the property and have not had for the more than 50 years that the family has held the property. I have asked Jake DeWolfe, district 38 water commissioner to send you his field report or confirmation on the acceptance of the augmentation structures. I have attached a copy of the signed Fire District agreement. I have attached a copy of the covenants that were revised by Kelly Cave and sent to us on 8/19/15. I assume that these are the final draft and ready for recording. Thanks Michael Cerise Carbondale Colorado From: Glenn Hartmann [mailto:ghartmann@garfield-county.com] Sent: Wednesday, September 16, 2015 4:41 PM To: Michael Cerise <mike@csbldr.net> Subject: RE: Clifford Cerise upper ranch minor subdivision Hi Mike: The plat edits look great. Just a couple follow-up questions/items: Please confirm that there are no lien holders as we have not included a lien holders certificate on the plat. It appears that a portion of an easement line is missing on Lot 3, east of the building envelope along the property line that runs north/south. It appears to be 25 ft. in width and labelled Pond Release Easement. Please add line work as needed. 1 - The modified building envelope on Lot 3, appears to address the condition of approval related to slopes. Thanks for making the adjustment. That is the extent of comments on the plat. If you are comfortable that the above items have been addressed you can proceed with producing the mylar. If you have any questions or want a final review by us simply forward to us the next final draft. There are some additional wrap up items unrelated to the plat that we should cover. They are summarized below: - While your most recent email indicates that the improvements associated with the augmentation plan have been completed and signed off by the Water Commissioner, the County Attorney's Office has requested that you provide documentation of their acceptance such as a letter or email from the Water Commissioner. Hopefully you already have something that you can simply forward to us. - There are some final fees (1/2 of the Traffic Impact Fees for Lots 1 and 3) and the school impact fee ($723, check made out to the RE -1 School District) that need to be paid prior to the recording of the plat. Your fire district receipt show that all fees have been paid. The Agreement with the district that was attached to the receipt was not signed. A signed copy should be provided for inclusion in your file. Hopefully this is something you already have and can simply forward a copy to us. - The County Attorney's Office is reviewing the timing for the issuance of the new well permits for Lots 1 and 3 and the draft covenants relevant to the Augmentation Plan. I will call or email with her final comments. Once the mylar is produced you can circulate it for signature by all parties other than the County Commissioners, County Surveyor and County Clerk. Signatures that you should obtain prior to delivering the plat to our office include the County Treasurer (Certificate of Taxes Paid), your surveyor, your title company, and your three signatures on the Certificate of Ownership and Dedication. We should be set to execute and record your plat shortly. If it is helpful, I would be glad to schedule a time to meet with you to confirm the completion of the remaining wrap up items. Please call or email with any questions. Sincerely, Glenn Hartmann Community Development Department From: Michael Cerise [mailto:mike@csbldr.net] Sent: Tuesday, September 15, 2015 8:36 AM To: Glenn Hartmann Subject: Clifford Cerise upper ranch minor subdivision Hi Glenn, just checking to see if you have reviewed the plat and if it is ready for Mylar and signoff. We have completed the Augmentation structures and have had them reviewed and signed off by the water commissioner as of last Friday. Michael Cerise Carbondale Colorado 2 3 AGREEMENT This Agreement is made and entered into between Carbondale and Rural Fire Protection District (Fire District) and Clifford Cerise Ranch Company LLLP (Developer), to become effective July 6, 2015, regardless of the actual date of execution by the parties: WHEREAS, on December 8, 1993, the Fire District, approved Resolution No. 93-7, Series of 1993, providing for collection of a base development impact fee of $200.00 per residential lot, multi- family residential unit, or for each 10,000 square feet of commercial or industrial buildings to be paid by all developers of property subdivided within the district; and WHEREAS, by Resolution No. 94-2, Series of 1994, the amount of said development impact fee was increased to $235.00 per residential lot, multi -family residential unit, or for each 10,000 square feet of commercial or industrial buildings; and WHEREAS, by Resolution No. 97-2, Series of 1997, the amount of said development impact fee was increased to $339.00 for each residential lot, multi -family residential unit, or each commercial or industrial building up to 1,900 square feet in size with an additional fee of $339.00 for each additional 1,900 square feet of size or fraction thereof; and WHEREAS, by Resolution No. 99-6, Series of 1999, the amount of said development impact fee was increased to $417.00 for each residential lot, multi -family residential unit, or each commercial or industrial building up to 1,900 square feet in size with an additional fee of $417.00 for each additional 1,900 square feet of size or fraction thereof, or $1,042.50 for each 1,900 square feet of hotel/motel buildings in size with an additional fee of $1,042.50 for each additional 1,900 square feet of size or fraction thereof; and WHEREAS, by Resolution No. 2004-4, Series of 2004, the amount of said development impact fee was increased to $437.00 for each residential lot, multi -family residential unit, or each commercial or industrial building up to 1,900 square feet in size with an additional fee of $437.00 for each additional 1,900 square feet of size or fraction thereof, or $1,092.50 for each 1,900 square feet of hotel/motel buildings in size with an additional fee of $1,092.50 for each additional 1,900 square feet of size or fraction thereof; and WHEREAS, by Resolution No. 2008-5, Series of 2008, the amount of said development impact fee was increased to $730.00 for each residential lot, multi -family residential unit, or each commercial or industrial building up to 1,900 square feet in size with an additional fee of $730.00 for each additional 1,900 square feet of size or fraction thereof, or $1,825.00 for each 1,900 square feet of hotel/motel buildings in size with an additional fee of -1- $1,825.00 for each additional 1,900 square feet of size or fraction thereof; and WHEREAS, the Developer is seeking subdivision approval for Clifford Cerise Upper Ranch Minor Subdivision from Garfield County, which property is located within the Fire District boundaries and is subject to the terms and conditions of said Resolutions; and WHEREAS, the Fire District has requested that as a condition of approval of such subdivision by Garfield County that the Developer pay the Fire District a development impact fee of $730.00 for each residential lot, multi -family residential unit, or for each commercial or industrial building up to 1,900 square feet in size with an additional fee of $730.00 for each additional 1,900 square feet of size or fraction thereof, or $1,825.00 for each 1,900 square feet of hotel/motel buildings in size with an additional fee of $1,825.00 for each additional 1,900 square feet of size or fraction thereof on or before the date of recording the final plat of such subdivision or such other date as the Developer and the Fire District may agree to in writing; and WHEREAS, there are 2 single family residential lots, 0 multi- family residential units, or 0 commercial lots or 0 hotel/motel lots that could be created in Clifford Cerise Upper Ranch Minor Subdivision; and WHEREAS, the parties have reached an agreement regarding the amount, time of payment, and other matters agreed to by the parties, and the parties wish to set forth their agreement in writing. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. Prior to the recording of the final subdivision plat for Clifford Cerise Upper Ranch Minor Subdivision, Subdivision, the Developer shall pay the Fire District $ 1,460.00. This sum represents payment of a development impact fee in the amount of $730.00 for each residential lot, multi -family units, or commercial or industrial building up to 1,900 square feet in size with an additional fee of $730.00 for each additional 1,900 square feet of size or fraction thereof or $1,825.00 for each 1,900 square feet of hotel/motel buildings in size with an additional fee of $1,825.00 for each additional 1,900 square feet of size or fraction thereof; and 2. The Developer acknowledges and agrees that the contemplated development in Clifford Cerise Upper Ranch Minor Subdivision, will cause certain fiscal impacts on the Fire District and will create the need for additional Fire District facilities and services. The Developer further acknowledges that this development should share proportionately in the cost of providing -2- these additional facilities and services. The Developer further acknowledges and agrees that the development impact fee to be collected according to the above -referenced resolutions and the terms of this agreement is based on a rational nexus between the impact of this development and the amount of said fees and that said fee is reasonable and necessary to offset the additional costs that will be incurred by the Fire District for capital improvements, facilities, equipment, personnel, and services as a result of this development. Finally, the Developer acknowledges and agrees that the impact fee is lawful and valid and that the terms and conditions of said Resolutions are binding on and enforceable against the Developer. 3. The Developer hereby irrevocably waives and releases and agrees to indemnify the Fire District from any and all claims of any kind that might be asserted against the Fire District arising out of or in connection with the development impact fee, the collection or use thereof by the Fire District, or the terms of this agreement; provided, however, that this waiver shall not preclude the Developer from enforcing the terms of this agreement relating to reimbursement of excess fees as set forth more fully below. 4. Both parties have participated in the negotiation and drafting of this agreement, and it shall therefore be interpreted or construed in favor or against either party by virtue thereof. 5. This agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Colorado. The venue for any litigation arising out of this agreement shall be the District Court of Garfield County, Colorado. In the event of any such litigation, the prevailing party shall be entitled to an award of reasonable attorney's fees and costs incurred by the prevailing party. 6. This agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding upon either party except to the extent incorporated in this agreement. 7. Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. 8. The failure of either party to this agreement to insist upon the performance of any of the terms and conditions of this agreement, or the waiver of any breach of any of the terms and conditions of this agreement, shall not be construed as thereafter -3- waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 9. The invalidity of any portion of this agreement will not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 10. This agreement shall be executed by the parties in duplicate, each copy of which shall have the same force and effect as an original. 11. Upon execution, this agreement shall be binding upon the parties, their successors and assigns. ATTEST: CARBONDALE AND RURAL FIRE PROTECTION DISTRICT By: Pre sr Cdent Clifford -rise Upper Mino Su••ivi Bv: By: -4- (Autho i L. ' C. (Authorized signer) ec cc A LI ED ON BACK INDICATE NO TAMPERING OR COPYING Clifford Cerise Ranch Company P.O. Box 187 Carbondale, CO 81623 ALPINE BANK CARBONDALE, COLORADO 82-340/1021 ORDER OF "V T° THE CPSPICW110 Q.A.1 "Prz-)tediun Li- .' --MA-csuCA-v\A 4—our PD i V\v\-c),, t L7/13° --am-- , A TAIAN 4F1ESIEJ I At I 1 41t. A/ if A -eic\ Hu; 6 s'00 2058» 10 LO 3 40 ?I: 11040 20 7 7E, lie CILIFFORD CERISE RANCH COMPAY CILIFFORD CERISE RANCH COMPAY 1111111111111111111 ( 2058 $ (4-c,o9r--? DOLLARS 2058 2058 RP FIRE PROTECTION DISTRICT IMPACT FFi1.14, REC KIPT Carbondale & Rural Fire Protection District 300 Nleadowood Drive • Carbondale, CO 81623 Phone - (970) 963-2491 Fax - (970) 963-0569 Received l'rom: Clifford Cerise Ranch Company LLLP ) Box 187 Carbondale. CO 81623 I/V11 July 6, 2015 PAYMENT METHOD CHECK NO. NAME OF DEVELOPMENT Check 2058 Clifford Cerise Upper Ranch Nlinor Sub. QTY DESCRIPTION UNIT PRICE TOTAL 2.0(1 Single Farnily Units S 730.00 5 1,460.00 Multi Family Units 730.00 S Commercial/Industrial 730.00 S Hotel/Motel 1,825.00 S Total Amount Due: $ 1,460.00 k 1) n, STANDARD BACTERIOLOGICAL WATER TEST SNOWMASS WATER & SANITATION DISTRICT P.O. BOX 5700 - SNOWMASS VILLAGE, CO 81615 �y _ PWS !IN Sample Location WEU. -Ft 1't' 2,354 SAMPLE TAKEN: Cc,r�G UQp>r17.Ww1G( 1 c- p t DATE ((4 (c(IQ- TIME' :SZ) A.IAME OF SUPPLY k9(.ZetilP r ..- COUNTY Gf U) SAMPLER CHLORINE RESIDUAL MG/L O COMMUNITY SUPPLY O ROUTINE DISTRIBUTION SYSTEM SUPPLY ( ) NON COMMUNITY ( ) CHECK SAMPLE ( ) PROCESS WATER ( ) OTHER PUBLIC ( } RAW ( ) GROUND ( ) SURFACE X PRIVATE ( ) SPECIAL PURPOSE SAMPLE "NOTE: IF ALL INFORMATION IS NOT SUPPLIED, THE SAMPLE WILL BE DISCARDED. SEE REVERSE FOR TIME LIMITATIONS, SAMPLING INSTRUCTIONS AND DEFINITIONS. REMARKS: PHONE 97411 --clog RETURN TO M.te.+-U . ,yY1Z1gbe.. ADDRESS 4.1 J(0, Cravat -AL 1210 C.4V12. CITY-STATE CA.42. yt..i(q L.Co BI 22 ANALYST/START r UNSUITABLE o. FOR TEST ANALYST/FINISH RESULTS COLILERT 18 -hour test COLIFORM PRESENT E.COU ABSEN PRESENT LT2 Rule COLIFORM , MPN E.COLI MPN D I NOT WRITE IN THIS SPACE DATE 1/ i // r ,,,,,""""�� //// TIME !'' � / s/r °°44CEIVED DATE /l- f, • /rl`1 : TIME /5 L7 / ON TEST RESULTS GREATER THAN ONE COLIFORM PER 100 ML INDICATES NON-COMPLIANCE WITH MINIMUM DRINKING WATER STANDARDS BOTTLE #: /0i9 Glenn Hartmann From: Michael Cerise <mike@csbldr.net> Sent: Tuesday, September 15, 2015 8:36 AM To: Glenn Hartmann Subject: Clifford Cerise upper ranch minor subdivision Hi Glenn, just checking to see if you have reviewed the plat and if it is ready for Mylar and signoff. We have completed the Augmentation structures and have had them reviewed and signed off by the water commissioner as of last Friday. Michael Cerise Carbondale Colorado 1 Glenn Hartmann From: Michael Cerise <mike@csbldr.net> Sent: Tuesday, September 08, 2015 12:00 PM To: Glenn Hartmann Subject: Clifford Cerise Upper Ranch Minor Subdivision Attachments: cerisel3 9-7-15.pdf; cerisems 9-7-15.pdf; Declaration of Protective Covenants(5)kc revised.pdf Glenn, Please find attached a corrected plat and covenants. Hopefully these revisions will become final. We have added notes to the plat and corrected existing notes. We have changed the certifications on the plat to the current format. We have corrected the covenants to the most current revision. Hopefully these change represent a final document. Although we had not anticipated building the Augmentation structure at this time, we have constructed the holding pond and have it ready for use. Michael Cerise Carbondale Colorado A Glenn Hartmann From: Glenn Hartmann Sent: Tuesday, July 28, 2015 2:59 PM To: Michael Cerise Cc: Kelly Cave Subject: Cerise Minor Subdivision Follow-up Hi Michael: It was good meeting with you yesterday. Hopefully the copies of the plat edits are all clear enough. Outlined below are updates on the remaining issues and reflect another meeting with the Kelly Cave, Assistant County Attorney this morning. The %2 of the Road Impact Fee to be inserted in Plat Note #5 is $2,508.22. The other half of the fees for Lots 1 and 3 are payable prior to recording the plat and will be $5,016.44. The Plat note probably should be edited to reflect that the entire fee for Lot 2 has been paid. Based on your Brokers Price Estimate the school impact fees has been calculated at a total�of $723 (includes all three lots), to be paid prior to recording the plat. r .. Kelly is editing the Plat note on the well permit, augmentation plan, and future well drilling and testing. We anticipate that it will become a new Plat Note #19. After review of the covenants as they relate to water/augmentation plan topics Kelly will have some minor edits to that document also. Item 3.7 on page 3, should be edited to refer to add "Colorado Noxious" to the reference to Weed Act. If you can provide a word version of the document Kelly can provide the suggested edits for your review. Pursuant to Condition No. 6B. from your resolution and Paragraph 21 of the Augmentation Plan Decree the augmentation plan improvements need to be constructed and operational. If you have an update on the status of the improvements that would be great. t, New well permits for all three lots are anticipated by the augmentation plan. A new well permit for Lot 2 is ° needed prior to recording the plat (changing acreage associated with the well and making reference to the augmentation plan). While the County approvals allow for a deferral of the well permits for Lots 1 & 3 it appears that the augmentation plan may call for them to be issued at this time. It may be efficient for you to obtain the permits now recognizing that the County approvals still defer the requirements for drilling and testing the wells. You may want to consult with your Water Attorney on the well permit — augmentation plan items noted above and Kelly Cave is also available if you have specific questions. I anticipate that your revision to the building envelope on Lot 3 will be provided to us in the final draft of the plat including other edits. Regarding the existing well on Lot 2 you have provided all the testing and opinions required by Condition #6.e. Your water quality test report indicated that the well would be disinfected and retested regarding the bacteria finding in the first test. I know we've discussed this but I was not able to locate in my files any information on the re -test. If you have an update or can resend the retest results that would be great. Thank you for the information on payment of the Fire District Fees. As a minor technicality, I believe you were going to update us with a signed copy of the agreement with the district. Thank you for addressing these wrap up details. I realize that you have already addressed many other items ranging from weed management to augmentation plan record of approval. Thanks again. If you have any questions or have any updates please call or email. Sincerely, Glenn Hartmann Community Development Department 1 Garfield County Community Development Department MEMORANDUM TO: Board of County Commissioners FROM: Glenn Hartmann, Senior Planner DATE: July 20, 2015 SUBJECT: Extension Request Clifford Cerise Upper Ranch Minor Subdivision Michael Cerise (MISA-8047) REQUEST The Community Development Department has received a request for an extension of time to file the Minor Subdivision Plat for the Clifford Cerise Upper Ranch Minor Subdivision. The Minor Subdivision is located off of County Roads 103 and 105 northeast of Carbondale and proposes the subdivision of the 66.12 acre property into three Tots each approximately 22 acres in size. The lots will access directly off of adjacent County Roads and will be served by individual wells and on-site waste disposal systems. A vicinity map and an excerpt from the proposed Minor Subdivision Plat are attached. The Minor Subdivision was the subject of a call-up request considered by the Board of County Commissioner and approved with conditions by Resolution No. 2015-19 (see attached). The Applicant outlines in their request letter progress being made to address the conditions of approval and prepare the plat for recording. The extension request was submitted in a timely fashion in accordance with the Land Use and Development Code and requests an additional 90 days to complete all remaining conditions of approval and submit the plan in a form ready for recording. BOARD OF COUNTY COMMISSIONER'S ACTION Pursuant to Section 4-101(1)(2), a first request for an extension of time to file a plat may be approved for a period of 90 days. As the Application was considered and approved by the Board of County Commissioners the extension request is subject to Board approval. The Board's action will be documented by resolution and would reflect the time frame for the extension if approved by the Board. VICINITY MAP EXCERPT FROM MINOR SUBDIVISION PLAT 41 CLIFFORD CERISE UPPER RANCH MINOR SUBDIVISION TRACT 8 CERISE SUBDIVISION EXEMPTION RECEPTION NO. 359482 SEC. 24, T.? S., R.8$ W. . Otb P.M. OARPIELD COUNTY. COLORADO smr I 22.15 AC . LDT 11.04 ACr/- LRCMS! ARD MOTs: • Ii zl ! V37.. T? HmmommummarEc i ill •Ii MOMMINIK v;I LOT 2 21.20 AC ./• Glenn Hartmann From: Michael Cerise [mike@csbldr.net] Sent: Wednesday, July 15, 2015 3:39 PM To: Glenn Hartmann Subject: Clifford Cerise Upper Ranch Minor Subdivision Hi Glenn, please forward on to the County Commissioners To: Garfield County Board of County Commissioners From: Clifford Cerise Ranch Co, LLLC Re: Clifford Cerise Upper Ranch Minor Subdivision We, the Clifford Cerise Ranch Co, would like to request a 90 day extension to the final filing of the final plat and documents related to the Clifford Cerise Upper Ranch Minor Subdivision. We are moving forward with all aspects of the project towards a final completion. Our Augmentation Plan has been completed and approved by the Division of Water Resources. We have met with the Fire District and have formulated an impact agreement with the Fire District and paid the associated fees to the Fire District. We are now completed the final draft of our covenants. We have a completed and received approval of our Weed Management plan. We are currently reviewing the plat and re -configuring the building envelope on Lot 3 to remove it from slopes in excess of 20%. We are waiting for the County Legal Staff's review of the plat for any final corrections that will be required. This will require a few days to complete and we hope to have it by sometime next week. We are nearing completion of the Broker's Opinion of Cost for the valuation for School impact fees and should have it complete by the first of next week. We still need a calculation and cost for the road impact fees from the county Staff. If all goes well, we could complete everything by the end of next week or early the following week. Thank you Michael Cerise, General Partner Clifford Cerise Ranch Company, LLLP Carbondale Colorado 1 111 KADV> NII VI ihi 1AMI'ilCi4k' i 11111 Receptiontl• 861759 04/21/2015 04:16:51 PM Jean Alberico 1 of 8 Reo Fee•$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Administration Building in Glenwood Springs on Monday, the 6th day of April A.D. 2015, there were present: John Martin Mike Samson Tom Jankovsky Frank Hutfless Kelly Cave Jean Alberico Andrew Gorgey , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Assistant County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO., --;70/,---/9 A RESOLUTION OF APPROVAL FOR A MINOR SUBDIVISION (MODIFYING A DIRECTOR'S DECISION) ON A 66.12 ACRE PROPERTY LOCATED APPROXIMATELY 41/2 MILES NORTHEAST OF THE TOWN OF CARBONDALE OFF OF COUNTY ROADS 103 AND 105 ON PROPERTY OWNED BY THE CLIFFORD CERISE RANCH COMPANY LLLP IN SECTION 24, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6111 P.M., GARFIELD COUNTY PARCEL NO# 2393-241-00-261 Recitals A. The Board of County Commissioners of Garfield County, Colorado, (Board) received a request for call-up by the applicant, the Clifford Cerise Ranch Company LLLP, of a Director's Decision approving the Clifford Cerise Upper Ranch Minor Subdivision. The call up requested modification to Condition No. 6 of the Director's Decision Letter dated February 6, 2015, related to the timing for providing documentation associated with the water supply plans for proposed Lots 1 and 3. (File No. MISA-8047) B. The Clifford Cerise Upper Ranch Minor Subdivision is located on a 66.12 acre property owned by the Clifford Cerise Ranch Company LLLP and more particularly described as Tract B on the Cerise Subdivision Exemption Plat recorded at Reception No. 359462 in the records of the Garfield County Clerk and Recorder (Property). 1 1111 led Kalif Ai 1111, PVC Ilht,ii'iElfr lc 1.15 11111 Reception#: 861759 04/21/2015 04:16:51 PM Jean Alberlca 2 of 8 Reo Fee:$0.00 Doc Fee:0.00 GFRFIELD COUNTY CO C. The Property is located within unincorporated Garfield County in the Rural zone district, and approximately 41 miles northeast of the Town of Carbondale, off of County Roads 103 and 105. D. A Minor Subdivision may be permitted pursuant to the Land Use and Development Code, as amended (Code) subject to the Administrative Review process and compliance with Approval Criteria contained in Section 5-301(C). E. The call up request was submitted and reviewed pursuant to Section 4-112 of the Code. . F. The Board is authorized to approve, deny, or approve with conditions a request for reconsideration of a Director's Decision for Administrative Approval of a Minor Subdivision pursuant to the call up provisions of the Code, including requests to modify conditions of approval in the Director's Decision. G. The Board opened a public hearing on the 6th day of April, 2015, for consideration of whether the proposed modification to the Director's Decision should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. H. The Board closed the public hearing on the 6th day of April, 2015, to make its final decision. I. The Board, on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. The hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and all interested parties were given the opportunity to provide input prior to the decision date. 3. That for the above stated and other reasons the proposed Minor Subdivision is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoption of conditions and granting of a waiver from the requirement for engineered improvements plans, the application has adequately met the 2 111 14,TiiNERAatfA Li 11111 Reception#: 861759 04/21/2015 or 8c Fee;$O.00 DooJFee:D.00rGARFIELD COUNTY CO requirements of the Garfield County Land Use and Development Code, as amended, including Section 5-301 (C) Minor Subdivision Review Criteria. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. B. The Clifford Cerise Upper Ranch Minor Subdivision on the Property is hereby approved subject to compliance with the following conditions: 1. That all representations contained in the Application submittals shall be considered conditions of approval unless otherwise amended or changed by the Board of County Commissioner's Decision. 2. The Applicant shall include the following text as plat notes on the Minor Subdivision Plat or amend the existing text to conform to following: a. Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. Those with an urban sensitivity may perceive such activities, sights, sounds and smells only as inconvenience, eyesore, noise and odor. However, State law and County policy provide that ranching, farming or other agricultural activities and operations within Garfield County shall not be considered to be nuisances so long as operated in conformance with the law and in a non -negligent manner. Therefore, all must be prepared to encounter noises, odor; lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non -negligent agricultural operations. b. All owners of land, whether ranch or residence, have obligations under State law and County regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. 3 ■III eatiliMitrla,.141 11ilk 11111 Reception#: 861759 04/21/2015 04:16:51 PM Jean Alberico 4 of 8 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO c. The mineral rights associated with this property may not have been transferred with the surface estate therefore allowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s). d. A site specific soils and foundation analysis shall be required for new construction once final building locations are determined. The analysis shall address subsidence potential and compliance with the recommendations of said analysis shall be required. Engineered foundations and septic systems may be required pursuant to the findings and recommendation of the soils analysis. e. One half of Traffic Impact Fees shall be payable prior to recording the Final Plat and the remaining one half due to the County at the time of Building permit issuance. The remaining //z of the fee is $ per lot. f Driveway Access Permits from the County Road and Bridge Department shall be required at the time of building permit application. g. At the time of building permit a site specific drainage plan for the structure and driveway shall be required. h. Re -vegetation of disturbed areas with a native seed mix and plants shall be required as part of the building permit process and removal of native vegetation outside of the building envelope discouraged except as warranted for wildfire protection. i. No new open hearth solid fuel fireplaces will be allowed anywhere within the subdivision. One (1) new solid fuel burning stove as defined by C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. I. All exterior lighting shall be the miniinlun amount necessary and that all exterior lighting be directed inward and downward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. k. Addresses are to be posted where the driveway intersects the County road. If a shared driveway is used, the address for each home should be posted to clearly identify each address. Letters are to be a minimum of 4 inches in height, '/z inch in width and to contrast with background color. 1. Driveways should be constructed to accommodate the weights and turning radius of emergency apparatus in adverse weather conditions. 4 Recept iont# : 861759 04/21/2015 04!16:51 PM Jean Albertco 5 of 8 Rec Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO in. Combustible materials should be thinned from around structures so as to provide a defensible space in the event of a wild land fire. n. Domestic Dogs kept on the property shall be in a fenced yard or on a leash to prevent harassment of wildlife. o. Fencing on the property shall comply with the Colorado Parks and Wildlife specifications for wildlife friendly fencing. p. Control of noxious weeds is the responsibility of the property owner. Compliance with the County Noxious Weed Regulations and Weed Act shall be required. q. A 25 ft. setback shall be required from all irrigation ditches for ditch maintenance by the appropriate ditch company or owners of water rights within the ditch. r. The Crystal Spring is located on Lot 3 and said lot is subject to any easements or rights associated with the spring, its improvements and conveyance system. 3. The following edits and modification to the minor subdivision plat shall be required: a. The plat shall be updated to include adequate easements from the edges of the augmentation pond and augmentation plan conveyance features such as ditches and pipelines. b. The plat shall be updated to include designation of the spring box and related improvements for the Crystal Spring. Any existing easements for the spring shall be shown on the plat. A plat note shall be added addressing the existence of the spring on Lot 3. The text of the plat note shall be reviewed and approved by the County Attorney's Office. c. The vicinity map shall be added to the plat. d. Certificates and signature blocks shall be updated in accordance with the County's standard templates as noted in the County Resource Guide. This shall include a County Commissioner's Certificate, Certificate of Taxes Paid, Title Certificate, Lien Holders Certificate (if necessary), updated Certificate of Ownership and Dedication, and the deletion of the Community Development Director's Certificate. e. The driveway locations on the plat shall be removed. f. The building envelope for Lot 3 shall be reviewed by the Applicant's engineer or surveyor and shall be reconfigured to eliminate any areas with slopes greater than 20%. 5 Receptionq: 861759 04/21/2015 04:16:51 PM Jean Alberico 6 of 8 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 4. The Minor Subdivision Plat shall be subject to final review and approval by the County Attorney's Office and the County Surveyor. The Applicant shall submit an updated draft of the proposed plat based on the County Surveyor and Attorney's review with all required corrections including plat notes. Upon final approval by Staff the mylar shall be printed and all necessary signatures obtained prior to presenting the plat to the Board of County Commissioners for signature. The covenants and provisions related to the augmentation plan shall be subject to review and approval by the County Attorney's Office prior to filing of the plat. School Impact Fees and Fire District Impact Fees shall be calculated and paid prior to the execution and filing of the plat. Should an agreement with the Fire District be required by the District said agreement shall be executed prior to the filing of the minor subdivision plat. 6. The Applicant shall address the following conditions related to demonstration of a legal, physical, adequate, and reliable water source to serve all three proposed lots. Conditions related to Lot 2 shall be addressed prior to the plat being considered for execution and recording by the Board of County Commissioners. Conditions related to Lots 1 & 3 shall be addressed as provided below. a. The Applicant shall provide a copy of the approved augmentation plan. b. The Applicant shall demonstrate that all conditions of the augmentation plan have been met and the improvements associated with the augmentation plan have been constructed and are operational. c. The Applicant shall provide copies of well permits issued by the Division of Water Resource for Lots 1 and 3 at the time of issuance of a building permit for members of the Clifford Cerise Ranch Company LLLP or its members. An updated permit for Lot 2 shall be provided if required by the Augmentation plan. d. The Applicant shall provide well pump testing results and water quality test results for the new wells on Lots 1 and 3 in accordance with Section 7-104 of the Land Use and Development Code at the time of issuance of a building permit for members of the Clifford Cerise Ranch Company LLLP or its members. Said results shall be accompanied by analysis by qualified professionals determining that the production is adequate to serve the residential uses and the water quality is acceptable for domestic uses. If water quality issues are noted the report shall include treatment required to address the water quality concerns and meet acceptable standards. e. The Applicant shall complete a 4 hour pump test for the well on Lot 2. The pump test results and the current water quality test results for the existing well shall be updated to include an analysis by a qualified professional determining that the production is adequate to serve the residential use and that the water quality is acceptable for 6 1111 CMNiiAN,1a1113/ 11111 Reception#: 861759 04/21/2015 04:16:51 PM Jean Rlberico 7 of 8 Reo Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO domestic uses or provide for an appropriate treatment system to address water quality concerns and meet acceptable standards. f. Copies of well permits and all required testing in accordance with Section 7-104 of the Land use and Development Code for Lots 1 & 3 shall be required prior to any sale of said lots to ownership outside of the Clifford Cerise Ranch Company LLLP or its members. g. Prior to execution and recording of the plat, the Applicant shall provide for review and approval by the County Attorney a plat note implementing the conditions of approval. 7. The Applicant shall obtain Driveway Access Permits from the Road and Bridge Department at the time of building permit application for each lot. The Applicant shall comply with all conditions of said permits including required improvements. 8. Prior to recording the plat, the Applicant shall provide a weed management plan including a weed inventory and map. The plan and inventory shall be subject to review and approval by the County Vegetation Manager. 9. Prior to recording the plat, the covenants for the subdivision shall be updated to include requirements for use of bear proof trash containers, compliance with the Colorado Noxious Weed Act and County Weed Management Plan, and allocation of irrigation water for each lot consistent with the provisions of the augmentation plan. Dated this c O day of _ , A.D. 20 1 ATTEST: YY\ Clerk the Board IELD NTY BOARD OF MIS ONERS GARFIELD UNTY Upon motion duly made and seconded following vote: e fore:oing Resu n was ado ted by the COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY , Aye , Aye , Aye 7 ■lll !Milli AMU II 111 Reeept i on# : 861759 04/21/2015 04:16:51 PM Jean Alberioo 8 of 8 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO )ss County of Garfield County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 County Clerk and ex -officio Clerk of the Board of County Commissioners 8 Glenn Hartmann From: Michael Cerise [mike@csbldr.net] Sent: Wednesday, July 15, 2015 8:56 AM To: Glenn Hartmann Subject: Clifford Cerise Upper Ranch Minor Subdivision Hi Glenn, We would like to request a 90 day extension to the final filing of the final plat and documents related to the Clifford Cerise Upper Ranch Minor Subdivision. As you and I have discussed, we are moving forward with all aspects of the project towards a final completion. Our Augmentation Plan has been completed and approved by the Division of Water Resources. We have met with the Fire District and have formulated an impact agreement with the Fire District and paid the associated fees to the Fire District. We are now in the final draft of our covenants and will complete them within a day or two. We have a completed and received approval of our Weed Management plan. We are currently reviewing the plat and re -configuring the building envelope on Lot 3 to remove it from slopes in excess of 20%. This will require a few days to complete and we hope to have it by the end of the week for your review. We are nearing completion of the Broker's Opinion of Cost for the valuation for School impact fees and should have it complete by the first of next week. We still have to calculate the Road Impact Fees. If all goes well, we could complete everything by the end of next week or early the following week. Thank you Michael Cerise, General Partner Clifford Cerise Ranch Co., LLLP Carbondale Colorado Glenn Hartmann From: Steve Anthony Sent: Thursday, July 02, 2015 10:50 AM To: Glenn Hartmann Subject: FW: Cerise minor subdivision Attachments: WEED MANAGEMENT PLAN.pdf Morning Glenn The attached WMP for Cerise MISA-8047 is acceptable, also Mike and I had a site visit in May, I think he is on the right track with his weed program. Let me know if you have questions Steve Original Message From: Michael Cerise [mailto:mikeksbldr.net] Sent: Thursday, July 2, 2015 8:00 AM To: Steve Anthony Subject: RE: Cerise minor subdivision Hi Steve, see attached my weed management plan for our minor subdivision. I talked to Glenn Hartmann in planning and he said that I should send it to you so you can review and give comments. As an update, we started spraying shortly after you and I met and have continued concentrating on the large patches of thistle, white top and knapweed Michael Cerise Carbondale Colorado Original Message From: Steve Anthony[mailto:santhonyPgarfield-county.com] Sent: Wednesday, May 20, 2015 6:43 PM To: Mike Cerise Subject: RE: Cerise minor subdivision Here ya go Mike -let me know if I forgot anything Original Message From: Mike Cerise [mailto:mike(oacsbldr.net] Sent: Wednesday, May 20, 2015 6:38 PM To: Steve Anthony Subject: Cerise minor subdivision Hi Steve, thanks for meeting with me today. Please send the info that we talked about. Mike Cerise Sent from my iPhone, please excuse any miss spellings. Michael Cerise 1 Glenn Hartmann From: Mark Chain [mchain@sopris.net] Sent: Friday, May 01, 2015 10:17 AM To: Glenn Hartmann Subject: FW: Minor Subdivision Mark Chain 811 Garfield Avenue Carbondale, CO 81623 970.309.3655 mchainPsopris.net Original Message From: Tamra Allen [mailto:tallenPgarfield-county.com] Sent: Friday, January 24, 2014 3:25 PM To: Mark Chain Subject: RE: Minor Subdivision I have no issue accepting a professional broker's price opinion for this minor subdivision. Please include this email with your submittal so that the planner who reviews this application will be aware of this discussion. Thank you, Tamra Allen, Planning Manager Garfield County Community Development Department tallenPgarfield-county.com 970-945-8212 (office) 970-945-1377 x1630 (direct) Original Message From: Mark Chain [mailto:mchainPsopris.net] Sent: Friday, January 24, 2014 2:57 PM To: Tamra Allen Subject: RE: Minor Subdivision The parcel is approximately 65 acres Mark Chain 811 Garfield Avenue Carbondale, CO 81623 970.309.3655 mchainPsopris.net Original Message From: Tamra Allen [mailto:tallenPgarfield-county.com] Sent: Friday, January 24, 2014 1:17 PM To: Mark Chain Subject: RE: Minor Subdivision How many acres is the minor subdivision? 1 Glenn Hartmann From: Steve Anthony Sent: Thursday, March 05, 2015 9:16 AM To: Glenn Hartmann Subject: Cerise Subdivision Morning Glenn FYI -Mike Cerise called about the weed management plan that they need to do, we arrangements to tentatively meet the first week in May to do a site visit. I mentioned that the Conservation Districts do weed mapping for free and I could bring their mapper along on the site visit and he could map that day. Then we could come up with a weed management plan based on the map. Steve Anthony Vegetation Manager Garfield County Public Works 0375 County Road 352, Bldg. 2060 Rifle, CO 81650 Phone: (970) 945-1377 Ext. 4305 Email: santhony@garfield-county.com 1 CLIFFORD CERISE RANCH COMPANY LLLP MINOR SUBDIVISION Supplementary Information March 2015 Prepared for Garfield County, Colorado Mark Chain Consulting, LLC Page 1 March 17, 2015 Garfield County Board of County Commissioners c/o Glenn Hartmann, Senior Planner Garfield County Department of Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Clifford Cerise Ranch Company LLLP Minor Subdivision (File MISA-8047) Dear Commissioners: Thanks for agreeing to hear the appeal to the Director's Letter of Decision and putting this on your busy schedule. As we noted in our discussion earlier in March, the applicants are really appealing the timing of the completion of the infrastructure improvements, not the fact that they are required. We are specifically appealing two of the items in Condition No. 6: "The applicant shall address the following conditions related to demonstration of a legal, physical, adequate and reliable water source to serve all three proposed lots, prior to the plat being considered for execution and recording by the Board of County Commissioners". We are requesting relief from: • the drilling and testing of the wells on Lots 1 and 3 prior to execution and recording the plat (condition 6c and 6d). Background Tract B of the Clifford Cerise Upper Ranch has been owned by the Cerise Family in some manner since 1959. The subject property is 66.22 acres in size and the proposal is to split the property into essentially 3 equal sized lots, one for each of the Clifford Cerise children. There is presently one well on the property, which is located on the proposed Lot 2 (Well permit # 235453, constructed on 10-19-01). The majority of the site is irrigated for hay and forage. The owners are in the final stages of getting the Augmentation Plan approved. The specific relief sought is to require new wells to be drilled and tested with any building permit application associated on the other individual Tots. Related to development and use of the property, one of the lots (lot 2) to be owned by Mike Cerise, will be built on in the very near future. However, Lot 1 is to be owned by Bob Cerise who currently lives on the Cerise Lower Ranch and has no plans to move to the Upper Ranch in foreseeable future. In addition, being the rancher in the family, he may choose not to ever move to the Upper Ranch. Toni Cerise will become the owner 811 Garfield Avenue Carbondale, CO 81623 Ph 970.963.0385 Fax 970.963.2916 mchain@sopris.net Mark Chain Consulting, LLC Page 2 of Lot 3. While she does intend to move to the Upper Ranch, her time frame for constructing of improvements on that lot is unknown at this time. There are of course costs associated with the planning and development of these subdivisions. These include surveying, planning, and Geotech studies and related analyses, submitting an Augmentation Plan and monitoring its progress through the system and developing the infrastructure. For this project, not only does augmentation plan and related improvements need to be constructed, but the land use code requires all of the wells to be permitted, drilled and tested prior to execution and recordation of the plat. The ability to drill a well, provide a physical source of water and the legal rights to water sufficient for the project are known quantities. It is our opinion that drilling wells immediately and then having them sit perhaps unused for a number of years is not in anyone's best interest. Proposal The Cerise Family understands the current County LUDC regulations of the provision of the actual water source and the reason of the regulations. The Family believes that all three Tots will continue to be held by the LLLP members for a very long time. We also understand that the County wishes to ensure that if there are any purchasers of the lot for any reason, that the physical infrastructure situation would be disclosed prior to any sale. An additional way to protect the public and any lot purchaser is to require that a well be built on the lot in question if a lot is sold outside of the LLLP ownership or it's members. We feel that a plat note can take care of this matter and will be made known during a period of due diligence prior to the purchase of a lot. Proposed Plat Note "Subject Property is subject to Water Augmentation Plan (Case Number 14CW approved on , 2015). There is a well located on Lot 2. Wells for domestic use will be required to be permitted as part of any Building Permit application subject to the Augmentation Plan and Garfield County Building Code procedures. However, if a Lot is sold outside of the Clifford Cerise Ranch Company LLLP or it's members, the well on that Lot must be permitted, constructed and tested prior to the sale". 81 1 Garfield Avenue Carbondale, CO 81623 Ph 970.963.0385 Fax 970.963.2916 mchain@sopris.net Mark Chain Consulting, LLC Page 3 We hope that the proposed plat note will take car of your concerns. For the record, the application is not contesting any of the other conditions contained in the Director's Letter of Decision dated February 6, 2015 including conditions 6a and 6b. Additional Well information For your information, attached is a letter from James Pearce of Canyon Water Resources, LLC regarding well testing information on the well presently located on the property. My apologies for not providing this with the original application. All other pertinent well information is included in Section 5 — Technical Reports Please contact us if you have any questions. We will be prepared to discuss this matter in more detail at the Pubic Hearing on April 6th Sincerely, Manor Chain Mark Chain, Planner 811 Garfield Avenue Carbondale, CO 81623 Ph 970.963.0385 Fax 970.963.2916 mchain@sopris.net Mr. Michael Cerise c/o Clifford Cerise Ranch Company By email March 5, 2014 Subject: Groundwater Well Test for the Clifford Cerise Ranch Subdivision Dear Mr. Cerise: This letter concerns groundwater well testing associated with the development of the Clifford Cerise Ranch Company property near County Road 103 and County Road 105 in Garfield County, Colorado. The following evaluation addresses portions of the Garfield County Land Use and Development codes General Submittal Requirements for a water supply and distribution plan for 14 single family equivalents (SFE) or fewer'. The water supply plan call for groundwater wells to serve domestic, lawn and garden, and stock water uses. The plan calls for groundwater wells to supply water to 3 houses, 3 additional dwelling units, lawns and gardens, and year around stock watering. The water demand for the development is based on 6 SFEs and 350 gallons per day per SFE, up to 12,000 square feet of lawn and garden watering, and stock water for up to 12 head of stock. The water demands, reliability, availability, and legal water rights supply are evaluated in a separate letter report (Canyon Water Resources, LLC, March, 2014). This letter report covers the well water quality testing and 4 -hour pump test requirements of the Garfield County code'. There is an existing well (Permit No. 235453) located on the property and it will serve one house, one ADU and the associated lawn and garden and stock purposes (i.e., one "homesite"). Two new wells will be constructed along with the construction of the houses. The following results are from testing the existing well. We conducted a well pumping test (4 hour duration) and collected water samples for water quality analysis from the existing well. We reviewed information from the well's permit and pump installation records as available from the State Engineer's office (Attachment A). The water quality testing consisted of the analytes listed in the Garfield County Land Use and Development Code, Division 2, Section 4-203, M., 1., 5,. (c). (aka the CDPHE laboratory's "Colorado Deluxe" package). It is my opinion that the capacity of the existing well is adequate to supply water to one home site for the proposed uses. The pumping capacity of the well, possibly in conjunction with a modest volume of cistern or tank storage or a slightly large pump, is sufficient to serve the daily peak water demands. The water quality testing results indicate that the Maximum Contaminants Levels (MCLS), as set forth by the Colorado Department of Public Health and the Environment within the Colorado Primary Drinking Water Standards, are not exceeded3. 1 Code Division 2, Section 4-203, M., 1., b., (5). 2 This letter report does not address water supply flow rates for any required fire protection purposes. 3 As discussed below, Total Coliforms PA greater than 1 per 100 were detected in the November 7, 2013 water sample. We suggest disinfecting the well and resampling for Total Coliforms PA. Canyon Water Resources, LLC February 5, 2014 Page 1 Discussion 4 Hour Well Pumping Test The Cerise well Permit No. 235453 was tested on November 7, 2013 by Mr. James Pearce (Canyon Water Resources, LLC) and assisted by Mr. Bob Cerise. The well pumping drawdown test began at 10:46 a.m. and lasted for 4 hours. After pumping, well water level recovery was monitored for approximately 30 minutes. The water level observations recorded during the test are shown on Figure 1. To conduct the test, the 1 -inch diameter pump discharge line was fitted with a flow -control valve and extension lines to move the discharged water sufficiently far from the well head. An on-site generator provided power to a Goulds Model 10LS07422, 3/4 HP submersible pump4. Flow rates were measured utilizing a calibrated bucket and stopwatch. The following summarizes the Cerise Permit No. 235453 well construction information: Date Completed: 10/10/2001 Total Depth: 170 feet below ground surface (ft bgs) Depth Completion: 170 ft bgs Hole Diameter: 9 inch from 0 to 40 ft bgs 6.5 inch from 40 to 170 ft bgs Plain Casing: 7 inch steel from 0 to 40 ft bgs 5.5 inch PVC from 30 to 130 ft bgs Perforated Casing: 5.5 inch PVC 0.250 slot size 130 to 170 ft bgs Pump Intake: 160 ft bgs The State Engineer reports indicate that static water level at the time of well drilling (2001) and pump installation (2003) was approximately 120 ft bgs. The materials log indicates "volcanics" from 0 to 170 ft bgs. The well was disinfected 10/10/2001 with 4 ounces of HTH. The well's water level prior to the test on November 7, 2013, was 121.7 feet below the top of the well casing. The measurement point at the top of the casing is approximately 1 %z feet above the ground. So, at this location, the top of the water table is approximately 120 ft bgs. Since the well total depth is 170 feet bgs, the aquifers saturated thickness at this location is approximately 50 feet. The well pumping test was operated at a constant flow rate of 9 gallons per minute (gpm) and after 4 hours of pumping, the water level drawdown was 6.25 feet (to approximately 126 ft bgs). For the last hour of the test, the rate of the drawdown was 1.8 feet per hour and the water level in the well as approximately 34 feet above the pump intake. The pump test indicates that the well will produce 10 gallons per minute for 4 hours and longer. 4 The well is equipped for permitted stock water purposes on the property. Canyon Water Resources, LLC February 5, 2014 Page 2 The total daily peak water demands are assumed to be 25 gallons per minute (gpm). The daily peak indoor demands are assumed to be 5 gpm per SFE (so for one house and one ADU a total of 10 gpm) and lawn and garden watering at a peak rate of 15 gpm. The analysis assumes that the peak demands occur over approximately 1 hour when peak domestic uses may overlap with watering the lawn and garden. At this time, we know the well will reliably produce at least 10 gpm and possibly up to 25 gpm (with a larger pump) for one hour. The water distribution planning should count on installing a larger pump, or a storage tank, or possibly both, to supply uses during times of peak demands. Well Water Quality Results Well water samples were collected for water quality testing. The Colorado Department of Public Health and the Environment Laboratory analyzed the samples. The samples were tested for the following contaminants: alkalinity, arsenic, cadmium, calcium, coliform bacteria, chloride, conductivity, copper, corrosivity, fluoride, hardness, iron, lead, magnesium, manganese, nitrate/nitrite, pH, sodium, sodium adsorption ratio, sulfate, total dissolved solids, uranium, zinc and alpha/beta radioactivity. The tests are consistent with the Garfield County regulations Division 2, Section 4-203, M., 1., 5,. (c). (aka the CDPHE laboratory's "Colorado Deluxe" package). The laboratory results show that the Maximum Contaminants Levels (MCLs), as set forth by the CDPHE within the Colorado Primary Drinking Water Standards, are not exceeded. Attachment B provides the laboratory data sheets with the results. However, the "total coliforms PA" results are "coliform present, unsafe sample, greater than or equal to 1 coliform per 100". Escherichia coli were not present. The laboratory results state, "Based on these results, it is strongly recommended that you use another source of water for drinking and cooking or treat this water to reduce the level of coliform bacteria". I spoke with the laboratory and they suggested disinfecting the well and resampling for total coliform PA. You and I have spoken about resampling the well I recommend following that course when time and the weather permit. Canyon Water Resources, LLC February 5, 2014 Page 3 Conclusions The evaluations described in this letter report results in the following conclusions: • The well pumping test indicates that the well will produce 10 gpm for at least 4 hours. The well capacity is sufficient to supply peak water demands (assumed to be 25 gpm serving one house, one ADU, and the associated lawn and garden and stock purposes) with the installation of a larger pump, a storage tank, or possibly both. • The water was tested for the analytes specified the Garfield County regulations Division 2, Section 4-203, M., 1., 5,. (c). (aka the CDPHE laboratory's "Colorado Deluxe" package). The well water quality sampling laboratory tests indicate that the Maximum Contaminants Levels (MCLS), as set forth by the CDPHE within the Colorado Primary Drinking Water Standards, are not exceeded. • The well should be disinfected and then water samples collected and tested for Total Coliforms PA. If you have any questions, please feel free to call me at 970-379-6918. Best regards, James F. Pearce., P.E. Manager, Canyon Water Resources, LLC Attachments A - Well Permit Information B - CDPHE Laboratory Test Results cc) Mr. Michael J. Sawyer Canyon Water Resources, LLC February 5, 2014 Page 4 w th seatt917135F z 0 a It fp -,....... ruS�. j,..1.,'''' \ \On O -_ - it No y Ngo } vt W N ji I P E c w p 3 ,r A N P yy i '' 4g" n :' _ W . -4"13 a o gs 42 a ocdyo7o,9 FOR BOCC STATE OF COLORADO ) Racorded at `a • o'clock f\ County of Garfi�J. i ) ss Re,seption No al LA FEB 0 8 1985 MILDRED ALSDORF, RECORDER GP'S FE _D COUNTY, C( LORADO At a regular meeting of the Board ot County Commissioners for Garfield County, Colorado, held at the Commissioners' Meeting Room in Glenwood Springs on Monday , tne 4th day of February A.D. 19 85 , there were present: Bob Richardson Larry Schmueser Flaven J. Cerise Steve Zwick Mildred Alsdorf when ;ne following proceedings, among Commissioner Chairman Commissioner Commissioner County Attorney, Assistant Clerk of the Board BOOK 664 PAGE 62 otners were nad and done, to -wit: RESOLUTION NO. 85-20 A RESOLUTION CONCERNED WITH THE APPROVAL OF A S.B. 35 EXEMPTION FOR CLIFFORD CERISE. WHEREAS, Clifford Cerise has petitioned tne Board of County Commissioners of Garfield County, Colorado, tor an exemption from the definition of the terms "subdivision" and "subdivided land" under C.R.S. 1973, 30 -28 -101(10)(a) -(d), as amended, and tne Suodivision Regulations of Garfield County, Colorado, adopted January 2, 1979, Sections 2.02.21(d) and 3.02.01 for the division of a 70+ acre tract of land as described in Book 641, Page 297-299, as filed in the Office of the Clerk ana Recorder of Garfield County, Colorado, into 2 tracts of approximately 5 and 65+ acres each, more or less, which proposed divided tract(s) aremore particularly described as follows: TRACT A: See attached Exhibit A. TRACI' B: See attached Exhibit B. (in the State of Colorado and the County ot Garfield); and WHEREAS, the Petitioner nas demonstrated to the satisfaction of the Board ot County Commissioners of Garfield County, Colorado, tbat.tne proposed division does not tall within tne purposes or Part 1, Article 28, Title 30, Colorado Revised Statutes 1973, as amended, for the reason that this division does not warrant further subdivision review ana, WHEREAS, the Petitioner has demonstrated to the satisfaction of tne Board of County Commissioners of arfield County, Colorado, tnat to re is a resonable probability of locating domestic water on each ot said tracts, that there is adequate ingress and egress to said tracts, tnat tne location of septic tanks will oe permitted oy tne Coloraao Department of Health, that tne requested division is not part of an existing or larger development and does not tall witnin tne general purpose ana intenc of tne subdivision regulations ot tne State ot Colorado and tne county of Garfield, and snould, therefore, be exempted from the definition of tne terms "Suodivision" and "subdivided land" as set forth in C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended; � S 5 L -{G z BOOX 664 PCE 63 NOW, THEREFORE, BE IT RESOLVED that the division of the above descrioed tracts "A" and "B" is hereby exempted from such definitions and said tract may oe divided into tracts "A" and "B", and conveyed in the form of such tracts "A" and "B", all as is more fully described above. Dated this 4th day of Febru;ary , A.D. 1985. ATTEST: GARFIFTD COUNTY BOARD OF COMMISSIONERS �. c Clef' of tne Board Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: • Bob Ricl^-^dson Flaven J. Cerise Larry Schmuase.r Aye Aye Aye STATE OF COLORADO County of Garfield ) I, , County Clerk and ex -officio Cleric of the Board of County Commissioners i:; irid for die County and State aforesaid do hereby certify that the annexed and foregoing Order is truly copied from the Records of tne Proceedings of tne Board of County Commissioners for said Garfield County, now in my otfice. IN WITNESS WHEREOF, I have nereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day ot. , A.D. 19 County ClerK and ex -officio Clerk of the Board of County Commissioners. Glenn Hartmann From: Mark Chain [mchain@sopris.net] Sent: Thursday, January 08, 2015 11:50 AM To: Glenn Hartmann Subject: FW: Cerise Site Visit Glenn. Below is Mike Cerise's comments on the Road & Bridge Information. His availability on meeting time is early Tuesday afternoon or anytime Wednesday afternoon. Please contact me after you look at your schedule. Mark Mark Chain 811 Garfield Avenue Carbondale, CO 81623 970.309.3655 mchain@sopris.net From: Michael Cerise [mailto:mike@csbldr.neij Sent: Thursday, January 08, 2015 11:11 AM To: 'Mark Chain' Subject: RE: Cerise Site Visit Mark, my reply to Mike Prehm is yes on both of his questions. We can be 90 deg to 105 road and the metal gate is the access for lot 1, the same as before. Monday is not good for me as I need to attend a BOCC meeting in GWS in the Afternoon. Tuesday I have a meeting at 3:00 in Carbondale, so I could do something before the meeting, and Wednesday my calendar is clear. Michael Cerise Crystal Springs Builders, Inc. Carbondale Colorado http://www.crystalspringsbuilders.net/ From: Mark Chain [mailto:mchain@sopris.net] Sent: Thursday, January 08, 2015 9:15 AM To: Michael Cerise; Toni Cerise Subject: FW: Cerise Site Visit Mike — see below about request for site visit and comments from road and bridge. It would be good if I am there as somewhere down the line I may have to be familiar with these details. 1