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HomeMy WebLinkAbout1.0 Application• • January 29, 1991 Attention: Mark Bean Garfield County Planning Director Garfield County Courthouse 109 8th Glenwood Springs, CO 81602 land design partnership RE: Sketch Plan Application - Los Adobes Subdivision (Previously Subdivided as the Sunnyside Subdivision) Dear Mark: Attached, herewith, please find the sketch plan and supplemental information required by Garfield County Subdivision Regulations for a Sketch Plan Application. The application is for an approximate 24 -acre parcel of ground located adjacent to and north of Hwy. 82, approximately 1/2 -mile east of Hwy. 82 and 133 Intersection at Carbondale. The property is owned by the Los Adobes Joint Venture, P.O. Box 1220, Carbondale, Colorado. The site is characterized by a steep pinyon/juniper hillside and ridge -top. The site rises from elevation of 6,790 at Hwy. 82 to 7,010 feet at its highest point. Near the west side and east side of the property lie sharp ravines, which carry only intermittent water during localized storms. The presently utilized access is by an easement at the southeast corner of the property. There is an access driveway at the southwest corner of the property as well. The property, zoned Agricultural/Residential, was originally subdivided prior to June of 1972, creating four buildable lots and a fifth open space parcel. One of the lots presently has a home under construction. There is an existing exempt domestic well which will service the residence under construction. The present driveway access from the southeast corner easement follows the easterly ravine to the ridge -top and is characterized by steep grades. The subdivision proposed by this sketch plan maintains the original four building sites with slight modifications to the original property lines. Three additional lots are proposed: one in the northwest corner of the property, a second in the northeast corner of the property, and a third in the southeast corner of the property. An open space lot buffering Hwy. 82 would be allowed a combined maintenance barn/stable and caretaker unit that would be owned in common by the seven residential lot owners. The seven building sites are located to minimize any visual conflict of the building sites with the spectacular view of the confluence of the Roaring Fork and Crystal River Valleys and Mount Sopris. P.O. Box 517 • Glenwood Springs, Colorado 81602 918 Cooper Avenue (303) 945-2246 • • Page 2 Mark Bean Los Adobes Subdivision A new road is proposed to service the lots, utilizing the access drive at the southwest corner of the property. Attached, is a Colorado Department of Highways Access Permit approving this proposed access. The new road, as designed, will not meet the present Garfield County Road Design Standards. In the interest of a road that is both cost effective and sensitive to environmental disburbance, we are proposing road grades of 10 and 12 percent. We would also request a typical road cross section of 24 -feet from the flow line of a burrow ditch to the outside shoulder. It is our feeling that any additional width is unjustified given the low traffic volume of the road and the significantly increased environmental disturbance that a wider road would cause. We anticipate encountering some bedrock material requiring blasting, but this may also serve to minimize slope disturbance by allowing near vertical cutbanks. Almost the entire length of the road will possess excellent southern exposure allowing for the quick melt off of snow or ice, thereby minimizing the negative considerations of the steeper road grades. We recognize that Garfield County is presently in the process of re -assessing its County Road Design Standards, with an anticipation that there will be provisions for low traffic volume, mountain roads to be designed at a lesser standard than the regulations presently provide for. The property owners will not proceed to the preliminary plat phase of the subdivision process until there is clear guidance from the County regarding a road design standard that is sympathetic with our present road design. Domestic water service for the project will be provided by individual wells. There remains some question as to whether the State will issue well permits for the remaining three lots of the original subdivision. If necessary, appropriate augmentation water will be acquired from the Basalt Water Conservancy District to satisfy the States requirements for the issuance of an appropriate number of wells for the subdivision. Two to three common wells may be considered as an option to service the subdivision. Sewage disposal will be provided by individual septic tank and Leachfield. The present residence is being served by a standard septic tank and Leachfield System. The attached soil conservation service mapping identifies two primary soil types, affecting those areas of the site where development is most likely to occur. Both soil types are somewhat similar in characteristic and are identified as having limitations to homesite development. These limitations are identified primarily as steep slopes, shallow depth to bedrock and highly errosive soils. In terms of large scale development, these limitations could create significant difficulties, but with the appropriate consideration for building site selection, site distrubance and control of storm water discharge, the proposed building sites should not encounter any unusual problems. Page 3 Mark Bean Los Adobes Subdivision The sites identified by the sketch plan have avoided the severe slopes, exposed bedrock and concentrated drainage channels. Site design standards will be incorporated by protective covenants for the property. The exact character and extent of these design standards has not yet been established, but it is recognized by the property owners that each site must be sensitive to the natural soil conditions if the value of the properties is to be maintained in the long run. The site development cautions will minimize any impact that a subdivision might have upon the quality of area waterways. Access to the site has already been assured by the issuance of the Highway Department Access Permit. Uitility services are all available along the Hwy. 82 corridor. It has not yet been determined whether natural gas will be brought up to the individual home sites. I request this sketch plan application be entered into the staff's review schedule and brought before the Planning and Zoning Commission according to your standard procedures. A check in the amount of $325.00 is attached to cover the Application Fee. If you have any questions or require any additional information, please do not hesitate to give me a call. Ronald B. Liston attachment $325.00 Check /40 7067( - ,1 / .---- Z-- --------1/ _------'- ,- c!`e,Aol-------------_-________--------- " ":;,••--:,:---7-:,..-_---_____ --"-----::)--\-----"------------------ -:_.7/ '------- . , (- 1 s e' 1 • I 6809 88 -- ' -•-• 01-A•-• -\-'-f ---:--Y \. ,...------\) A, \ 0 „,...-- 0\ . i'-"------------ zC) ,.- „,,,,-- , ! 'N ---------------- -'-----•,,_ . '' • ..s_ ,-"'r-74- 0-0. - - ---- 1 • ''':-----' --'-- -,,:_,,--_-'"---...._:::-_________ _))_- • • . X 66/0 $111111: /p k' / x6866) 4 • t 11 4 6 0 't /1 11 , 111/ 111/ L 0 / 4- ) - WS ADOBES SUDIVISION • &Pp./7 tal9 11 A --G ei ....... 1/ , • Sutank • ,) 0 I Carbone / •-t 631, ) Carliondale Cem A VICINITY MAP 62 , 6170 5 I __. •• / 4 • 6/94 11 ,o • o •:•• I -=-- 1 `5.,00 • 4,4.v,d- • ,••„4 -• .44 Xi4D r' "Pr Xi IC 1114- , • I , - , .,,,,.. r, . #./Ci• '.. I ; ' ..1,., ,,°, , ',ISA', t'. I .:.; . ' . . " • .. ' ZI"' L • " •trt, T'.:Iii••„ :ly r a ,, , .r. . . i'l • -:111...tt..) 1, c:St.C.' "'' 'f:', 1 ...:‘-, • ' ii;, ..--,c7, . r. " ri i emcbarA6F.LIFJ b. .1.1 , .. • 1 , • , • • rn• •rt • ' .; ' . . • i I, .. • ' t , I. •.",11 ' I 1 • • 11 • • s:. „ • ; Ic CA' SCS SOILS MAP e„ ?OILS DESCRIPAS 4/86 XZ9 F 33--Earsman-Rock outcrop complex, 12 to 65 percent slopes. This map unit is on mountainsides and ridges. Elevation is 6,000 to 8,500 feet. The average annual precipitation is to 16 inches, the average annual air temperature is 42 to 44 degrees F, and the average frost -free period i.s)Ci to 105 days. This unit is 45 percent Earsman very stony sandy loam and 35 percent Rock outcrop. Earsman soils occur on less steep slopes and the Rock outcrop portion is in steeper convex areas throughout the complex. The components of this unit are so intricately intermingled that it was not practical to map them separately at the scale used. Included in this unit are small areas of Arle soils, Ansari soils, and similar soils which are deeper to bedrock. Included areas make up about 20 percent of the total acreage. The Earsman soil is shallow and somewhat excessively drained. It formed in residuum and colluvium derived dominantly from redbed calcareous sandstone. Typically, the surface is covered with 5 to 10 percent flagstones and 5 to 15 percent channery fragments. A thin layer of partially decomposed needles, twigs, and leaves is on the surface in many places. The surface layer is reddish brown very stony sandy loam 5 inches thick. The upper 9 inches of the underlying material is very channery sandy loam. The lower part to a depth of 19 inches is very channery sandy loam. Depth to hard calcareous sandstone ranges from 10 to 20 inches. Permeability of the Earsman soil is moderately rapid. Available water capacity is very low. Effective rooting depth is 10 to 20 inches. Runoft is rapid, and the hazard of water erosion is very high. • 33- - This unit is used mainly for rangeland and wildlife habitat. It is also used for firewood and post harvesting. This unit has severe limitations for all urban development. Limitations are shallow depths to bedrock, exposed bedrock, steep slopes, rapid runoff, and very high water erosion hazard. The potential plant community on this unit is mainly pinyon pine and Utah juniper, bluebunch wheatgrass, bottlebrush squirreltail, Indian ricegrass, and western wheatgrass. The potential production of the native understory vegetation in normal years is about 500 pounds of air-dry vegetation per acre. Slope limits access by livestock and results in overgrazing of the less sloping areas. If the plant cover is disturbed, protection from flooding is needed to control gullying, streambank cutting, and sheet erosion. This unit is suited to limited production of firewood. The average annual production is 5 cords per acre. The average stocking rate is 100 trees per acre. Special care is needed to minimize erosion when thinning and when applying other forest management practices. This map unit is poorly suited to homesite development. The main limitations are depth to rock and slope in the steeper areas. This map unit is in capability subclass VIIe, nonirrigated. It is in the Pinyon -Juniper woodland site. • • 6/85 98--Southace cobbly sandy loam, 12 to 25 percent slopes. This map - tx1-A c,E3,11N-un.4..)a,,0$" — unit is on upland beau-hslopes, the sides of mountains and valleys, and alluvial fans. Elevation is 6,000 to 7,000 feet. The average annual /1Y3 precipitation is, to 16 inches, the average annual air temperature is 42 to 46 degrees F, and the average frost -free period is 95 to 105 days. -The_ Included in this unit are small areas of Tridell soils on benchtops and the upper part of slopes. Included areas make up about 10 percent of the total acreage. The Southace soil is deep and well drained. It formed in alluvium and colluvium derived dominantly from redbed sandstone and shale intermixed with gypsiferous material. Typically, the surface layer is light reddish brown cobbly sandy loam 3 inches thick. The upper 11 inches of the underlying material is gravelly loam. The next 12 inches is very gravelly loam. The next 34 inches to a depth of 60 inches or more is very cobbly fine sandy loam. The-3u5t1 is c a c a—t-}rrou-g.hou-l—t}ie--prof4 . e. The amount of stones and cobbles increases with depth. Some flagstones are in the profile in places. Permeability of the Southace soil is moderate. Available water capacity is low. Effective rooting depth is 60 inches or more. Runoff is medium, and the hazard of water erosion is high. This unit is used for rangeland and wildlife habitat. • • 98 - The potential plant community on this unit is mainly western wheatgrass, Indian ricegrass, muttongrass, Wyoming big sagebrush, and Utah serviceberry. Needleandthread, Douglas rabbitbrush, squawapple, and scattered Utah juniper commonly are also present in the potential plant community. The average annual production of air—dry vegetation is about 900 pounds per acre. If the range condition deteriorates, Wyoming big sagebrush, Douglas rabbitbrush, cheatgrass, and annual weeds increase. Management practices suitable for use on this unit are proper grazing use and a planned grazing system. The suitability of this unit for rangeland seeding is low. The main limitations for seeding are steepness of slope and stones on the surface. If the Southace soil is used for homesite development, the main limitations are steepness of slope, the hazard of erosion, stone in the soil, and the susceptibility to piping and frost heaving. Areas in this unit adjacent to hillsides are occasionally effected by runoff, which may also be accompanied by movement of rock debris. Preserving the existing plant cover during construction helps to control erosion. Erosion is a hazard in the steeper areas. Only the part of the site that is used for construction should be disturbed. Removal of gravel and cobbles in disturbed areas is needed for best results when landscaping, particularly in areas used for lawns. This map unit is in capability subclass VIe, nonirrigated. It is in Loamy Slopes range site. --7 • • 6/85 1__ 104--Torriorthents—Camborthids—Rock outcrop complex, 6 to 65 percent elopes. This map unit is on steeply mainly south facing mountainside slopes, hills, ridges, and foot slopes. This unit occurs on canyon side slopes throughout the soil survey area and is most prevalent where major drainages cut deep canyons. This unit is 45 percent Torriorthents, 20 percent Camborthids, and 15 percent Rock outcrop. The components of this unit are so intricately intermingled that it was not practical to map them separately at the scale used.rjJIncluded in this unit are small areas of Monad, Iyers, Earsman, Brownsto, Cushool,'Dollard, Ansari, and Almy soils. Included areas make up about 20 percent of the total acreage._ The Torriorthents soil is shallow to moderately deep. It formed in well drained residuum and colluvium derived dominantly from sedimentary rock. The surface is normally stone covered and ranges from reddish brown to brown in color. The soils are fine sandy loam to clay loam with variable amounts of gravel,5?inches. cobbles, and stones. Depth to shale or sandstone is .ma -i- -1-y► 4 to Permeability of the Torriorthents soil is moderate. Available water capacity is low. Effective rooting depth is 4 to 30 inches. Runoff is very rapid, and the hazard of water erosion is very high. The Camborthids soil is shallow to deep and well drained. It formed in residuum and colluvium derived dominantly from sandstone shale and basalt. The soils have light colored surfaces, a slight increase in clay in the subsoil, and generally are clay loam or loaT t�ey are normally stone free throughout the profile. Scattered basalt stones, cobbles, and sandstone rock fragments cover the surface. r., oy Permeability of the Camborthids soil is moderate. Available water capacity is law to moderate. Effective rooting depth is 15 to 60 inches. Runoff is rapid, and the hazard of water erosion is high. The Rock outcrop consists mainly of barren sandstone, shale, and basalty. This unit is used for wildlife habitat. The native vegetation on this unit is a rather sparce stand of grasses forbs, pinyon, and Utah Juniper. This unit is poorly suited to homesite development. The main limitations are steep slopes, depth to rock, and large stones. This map unit is in capability subclass Vlle, nonirrigated. • \l STATE OF COLORADO Roy Romer, Governor DEPARTMENT OF NATURAL OOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER 13 Perry D. Olson, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297.1192 MAR 4 1991 \ir GARFIELD COUNTY -ne Loa mcfobes ttfuz)..tivialon ftY:efeto f:Jfn :ne hfLt...h .ft.11cE.• Ziddr. This ..Yfea uee f.:.entIna on :ne r.,robaby be of rounc, Llfut aroun on thiAjt5 Que to :he tYPes where ,:elev even ment.lon ±orae lorofoufttLo than 20 oi thia alte. RE,ER TO The preference of iot size for terrelin of trii type h'as Peen ten acres. We recommend that there be no iive.toc grazing on these iota an0 that any fencing ce restrictd to darden plots C.7,1' CCI,c1 runs. Eidht foot fences wlii 41,e , necessity if the owners oian to have a c;arden. outtre :et :es shouiCi be restrIcred to enc.iose the r•i_nimum ared neceiy. Any dogs on the property should ce completei.y controile and restricted to house anC run. Th nc you for the opportunity to comment on th e . AdAt3 bistrict Wijcj.j.i e inaqer P. O. Box W Basalt., CO 81b21 s proposi. LDEPARTMENT OF NATURAL RESOURCES, Hamlet J. Barry, Executiv Director WILDLIFE COMMISSION, William R. Hegberg, Chairman • Dennis Luttrell, Vice Chairman • Eldon W. Cooper, Secretary Felix Chavez, Member • Rebecca L. Frank. Member • Gene B. Peterson, Member • George VanDenBerg, Member • Larry M. Wright, Member Roaring Fork School District RE -1 Box 820 DR. JAMES L. BADER, Superintendent Glenwood Springs, Colorado 81602-0820 ROBERT A. COLLETT, Assistant Superintendent Telephone (303) 945-6558 RICHARD H. HAYES Assistant Superintendent February 4, 1991 Mark Bean, Planner Garfield County 109 8th Street Glenwood Springs, CO 81601 Dear Mark: We have reviewed the following projects being considered: Los Adobes It appears that bus service for school age students would not be available. We would respectfully request any Impact Fees that are available. Respectfully, Superintendent JLB/jct • STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH 222 So. 6th St., Room 232 Grand Junction, Colorado 81501 February 26, 1991 Telefax: (303) 322-9076 (Main Building/Denver) (303) 320-1529 (Ptarmigan Place/Denver) (303) 248-7198 (Grand Junction Regional Office) Andrew McGregor Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 RE: Proposed Los Adobes - Sketch Plan Dear Mr. McGregor: We have the following comments concerning the proposed development. yQ ,i c r-` t�-�r '_t�--lt- t f _ �;_ i � I i, FEB 26 1991 11 GARFIELD COUNTY Roy Romer Governor Thomas M. Vernon, M.D. Executive Director 1. The four lots proposed are on very steep slopes. It would appear questionable whether any septic system could fit on the available lot and still maintain required setbacks from the steep slopes. 2. The proposal mentions shallow depth to bedrock. The Individual Sewage Disposal Systems Act requires four feet of soil from the bottom of the leach field to the top of bedrock or high seasonal groundwater. 3. We recommend that this subdivision tie into the Town of Carbondale's wastewater treatment plant. We also recommend that such an interceptor also include the R.V. Park at the intersection of Colorado Highways 82 & 133. If you have any questions please call me at 248-7150. Sincerely, Richard H. Bowman, P.E. West Slope Unit Leader Water Quality Control Division RHB/dpw CC: File • do GARFIELD COUNTY REGULATORY OFFICES AND PERSONNEL& !a4al FEB ]9S1 vicoo - F E, D SSERv •L:i s'. , ,'; +�?Pii�C SECTION JONCI. MEMORANDUM TO: Review Agencies FROM: Andrew McGregor DATE: February 1, 1991 RE: Los Adobes — Sketch Plan Enclosed is a copy of the Los Adobes Subdivision Sketch Plan application. The plan will be reviewed by the Garfield County Planning Commission on March 13, 1991. A Sketch Plan is not intended to be the approval or denial phase of the subdivision review process. The Sketch Plan is only intended to identify issues that need to be addressed during the subsequent Preliminary Plan review. If you could, send any comments you may have regarding this proposed subdivision to this office by March 6, 1991, so that they can be included with the comments from the Planning Commission. 109 8TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601 HOLY CROSS.ELEC"TRIC AS4CIATION, INC. 3799 HIGHWAY 82 P. O. DRAWER 2150 GLENWOOD SPRINGS, COLORADO 81602 February 6, 1991 Mr. Andrew McGregor Garfield County Planning Office 109 Eighth Street Glenwood Springs, CO. 81602 RE: Los Adobes Subdivision Dear Andrew: 11[1'1;`Iiik G ►( FiLLD COUNTY (303) 945-5491 FAX: 945-4081 FEB 7 1991 The above mentioned development is within the certificated service area of Holy Cross Electric Association, Inc. Holy Cross Electric Association, Inc. has existing power facilities located on the above mentioned project. The approximate location is shown on the attached map. Holy Cross Electric is requesting a ten (10) foot wide easement be granted for these facilities. These existing facilities have adequate capacity to provide electric power to the development, subject to the tariffs, rules and regulations on file. Any power line enlargements, relocations, and new extensions necessary to deliver adequate power to and within the development will be undertaken by Holy Cross Electric Association, Inc. upon completion of appropriate contractual agreements. Easements should be granted along all lot lines. All driveway easements through lot 5 should be dedicated road and utility easements. If you have any questions, please contact me. Sincerely, HOLY CROSS _ CTSOCIATION, INC. Jeffre A. Franke, Staking Engineer JAF : rj m Area 65-27 GARFIELD COUNTY REGULATORY OFFICES AND PERSONNEL February 1, 1991 Los Adobes Joint Ventures P.O. Box 1220 Carbondale, CO 81623 Dear Sirs: Your application for a Sketch Plan for the Los Adobes Subdivision has been scheduled for a public meeting before the Garfield County Planning Commission at their March 13, 1991 meeting. This meeting will be held at 7:00 p.m. in the Commissioners' Meeting Room, Suite 301, of the Garfield County Courthouse. It is suggested that you be in attendance to answer any questions that may arise. If you have any questions or need additional information, do not hesitate to call. Sincerely, Andrew C. McGregor Planner ACM/rlb xc: Ron Liston, Land Design Partnership 109 8TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601 • • TRANSMITTAL January 30, 1991 TO: Mark Bean Garfield County Planning Director Garfield County Courthouse 109 8th Glenwood Springs, CO 81602 FROM: Ronald B. Liston TRANSMITTED BY: CONTENTS: fg Hand land design partnership ON . 1991 r y_ (loll hL.LU 'uUuN 1 Check in the amount of $325.00, signed by Stephenson to cover Application Fees. 18 Sets compiled of the following: Letter to Mark Bean Regarding Sketch Plan/Los Adobes Subdivision Los Adobes Subdivision Vicinity Map Los Adobes Subdivision SCS Soil Map Soils Description Warranty Deed Permit No. 39008 Los Adobes Subdivision Sketch Plan P.O. Box 517 • Glenwood Springs, Colorado 81602 918 Cooper Avenue (303) 945-2246 GA" FIELD COUNTY low REGULATOR OFFICES AND PERSONNEL March 20, 1991 Ron. Liston Land. Design Partnership P.O. Box 517 Glenwood Springs, CO 81602 RE: Los Adobes Sketch Plan Dear Ron: Enclosed for your information, as well a:: that of your clients, is a compilation of comments made by the Planning Commission at their March 13, 1991 meeting. These comments, and those contained in the staff packet, are intended for your benefit in the preparation of your preliminary plan application. Sketch plan comments are valid for a period of one (1) year from the date of the Planning Commission review. If a preliminary plan application is not submitted within this time period, then a new Sketch plan application must be filed. Density: AL least 1 commission member felt that nine (9) lots were toxo many considering the other limitation on development. Caretaker's Parcel: Questions surrounded the utility of this parcel for any long term horse boarding. The erosional impact of livestock on this and other lots was voiced. Irrigation water on this and other parcels was also mentioned. Other questions addressed the nature of residential use of this lot. Public Safety: Concern over access to lots via the community roadway and the individual driveways was raised, particularly fire and ambulance service. Road: Potential scarring by the roadcut: and the resulting visual impacts were cited. Drainage problems may occur with the disposal of stormwater off the roadway. Lots are bisected by the roadway. Obtaining access to Lot #4 via the proposed driveway may present some difficulty due to the drainage course between the adjacent lot and the building site. All driveways will be required to be 109 8TH STRELT, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601 t • • Ron Liston 7>age 2 March 19, 1991 dedicated easements on the preliminary plan. Access to Lots #1 and #8 willbe from the existing driveway. A question was raised regarding the permissibility of accessing two (2) new residences fromthe existing driveway. Safety concerns were in reference to the proximity of the existing and proposed driveways. Wastewater: Engineered wastewater systems would be required on all Lots. There was concern about the ability to dispose of wastewater in the presence of bedrock. if you have questions regarding any of these comments, do not hesitate to cal] . Sincerely, Andrew C. McGregor Planner ACM/rib ;r= Adjoining 2393-284 11 Y i ;, • 1 1 \_1 tr 0 v v 0 0 t0 M1* CO IAD! M NAP PAR, 14 [MMOV0 {SAI$ Adjoining 2393-28 ) (� to -0C-7ZZ-i 5i2 (µ) c„ e t • Recorded al Reception No. o'cloc M •Ier. THIS DEED, Made this WARRANTY DEED day of August 1990 , between JOHN PETER GREENE and MARY ANN GREENE of the " County of Pitkin Colorado, grantor, and LOS ADOBES JOINT VENTURE whose legal address is and State of 14156 Highway 82, Carbondale, CO 81623 of the County of Garfield and State of Colorado, grantee: WITNESSETH, That the grantor for and in consideration of the sum of Ten Dollars and other valuable consideration RR$$' the receipt and sufficiency of which is hereby acknowledged. has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado described as follows: TRACTS 1, 2 and 3, Sunnyside Subdivision Exemption, together with an undivided 3/4ths interest in TRACT 5 according to the exemption plat recorded as Rec. No. 300930, together with an easement 30 feet in width and 150 feet in length for a roadway to serve subject property, the Easterly line being coincident with the Easterly line of a tract of land conveyed by deed recorded August 19, 1969 in Book 404 at Page 127 as Reception No. 244144. as known by street and number as: (vacant land) TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described. with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the unsealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law. in fec simple, and has good right. full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except taxes for the year 1990, due and payable in 1991. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and • cable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any . • t hereof. T e n:ul number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set fo STATE OF COLORADO County of Garfield The foregoing instrument was acknowledged before me in the Colorado, this ;o "1-=-- day of August MARY ANN GREENE. My commission expires bo e11 Lie/ PEAliov 4 GREE y i' ANN G''E County of Garfield .19 90 , by JOHN PETER GREENE and , 19 . Witness my hand and official seal. 818 Colorado Avsnue G1_ENWOOD SPRINGS, CO 81601 My Commission Expires May 3, 1994 "If in Denver, insert "City and ". —e'-'4 '7 <«-z-C't - . Notary Public , State of Address No. 932A. Rev, 7-84. WARRANTY DEED (For Photographic Record) Bradford Publishing. S825 W. 6th Ave.. Lakewood, CO 80214—(303) 233.6900 10-85 COPY DISTRIBUTION: Required; 1. District (Original) 2. Applicant ✓ 3. Staff ROW Make copies as necessary for; Local Authority Inspector MTCE Patrol Traffic Engineer 1 revious Editions are Obsolete and w11not be usec DOH Form 10' SH No/MP/Side: 82/12.29/L COLORADO DEPARTMENT OF HIGHWAYS Local Jurisdiction: Garfield County Dist/section/Patrol: 30212 STATE HIGHWAY ACCESS PERMIT .DOH Permit No.: 390088 Permit Fee: $75.00 - Date of Transmittal: 9-17-90 THE PERMITTEE; Los Adobes Joint Venture )r; ;;)ti)1,,... .;II: .„1- 14156 Hwy 82 , ,.t), 1,:.:,1, Carbondale, CO 81623 _ „. ,, , ;L inrl;l ..i tiG11iDHi ' ;'fl is hereby granted permission to construct and use an access to the state highway at the location noted below. The access shall be constructed, maintained and used in accordance with the terms and conditions of this permit, including the State Highway Access Code and listed attachments. This permit may be revoked by the issuing authority if at any time the permitted access and its use violate any of the terms and conditions of this permit. The use of advance warning and construction signs, flashers, barricades and flaggers are required at all times during access construction within State right-of-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, Part VI. The issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. LOCATION: On the north side of State Highway 82, a distance of 1535 feet east from Mile Post 12. ,v, .7tiy)1:..1p i ISt,"r 91:„,.i':Ii.ic. 11.., .a.,,1a..., .; ACCESS TO PROVIDE SERVICE TO: Nine single family residences... ;y„ ,nol;,....:ik;t,;,; ;..•.: .,;'r ,. OTHER TERMS AND CONDITIONS: .I,,.. .:0,1:, r.,,,,.. .., r;,'')311 •.+lilt,..'.•!i t1 %1)!jV:• :alt rti ' See Attached Sheet. :,; ,,,,,d ., !' .,. l ..., . ;,1''1.11)1 .10.; 'lllJIl,'. •-... .. .. .7 ;;. ...,., '•"J 3(.1)14 fie uG`f.. .:U.iriIlY.` !, 1,1:7)),,.• I.t•t.ri!,, �)' f Ali.•• ol:o:U::1I }i)(l ,. 111: .. )-.•'.L'i)...C)hl ... , . ..7''i';43aao0i1 `.,;.).1W. .8 ,:::,)• 1( .:;,a . )...i ,1.,,f11J :1: :. +•,,..,. ,1 ^i;j glnleW y":uf..'I:,� 91r.,;().:ii.)h ..1. ,c,; 40:11, :)•1-) t:.,if.1,)::.' •„It 0 .. ,f ..,..i, , .. ‘••••;i ,n-• d)C'v,'L..),:,t, :1' .., , ., .. 1, ., ,11r. I )1•1c1 ,,,; i!wir: Et:,' . 11'.4 ... 1'),f'fi .,1,111f,: . `' ..1.•,' .. •.11 t,f it,.‘ '1,01 • MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. Not Required Date Title By (X) Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to The shall notify Skip McDonald being used. permittee Departmftnt- High In at 945-7441 , with the Colorado ys at least 48 hours prior t•-tommen in constructl• In the State Highway right-of-way. The person signin• as th- perma must be : • ner or legal representative of the property served by the p r itted access and have f II a '►�•rity ccept th::: • t and all it's terms and conditions. Cl I �` Date• T Permittee (X) This permit is not valid until signed by a duly authorized representative of the State Department of Highways. STATE OF COLORA I O, ' • ION OF HI • • YS ROBER . 1 EV.. if J • • IEF ENGG.. R k. / Date 9-24-90Title Administrator, --Access By (X)il (Date of issue) Committee COPY DISTRIBUTION: Required; 1. District (Original) 2. Applicant ✓ 3. Staff ROW Make copies as necessary for; Local Authority Inspector MTCE Patrol Traffic Engineer 1 revious Editions are Obsolete and w11not be usec DOH Form 10' The following paragraphs are pertlnerilwighiights of the State Highway Access Code. T . se are provided for your convenience i*ut do not alleviate compliance with all sections of the Access Code. A copy of the State Highway Access Code Is available from your local Issuing authority (local government) or the State Department of Highways (Department). When this permit was Issued, the Issuing authority made Its decision based In part on Information submitted by the applicant, on the access category which Is assigned to the highway, what alternative access to other public roads and streets Is available, and safety and design standards. Changes in use or design not approved by the permit or the issuing authority may cause the revocation or suspension of the permit. I Appeals 1. Should the permittee or applicant chose to object to any of the terms or conditions of the permit placed therein by the Department, an appeal must be filed with the Colorado Highway Commission within 60 days of transmittal of the permit for permittee signature. The request for the hearing shall be filed in writing and submitted to the Colorado Highway Commission, 4201 East Arkansas Avenue, Denver, Colorado 80222. The request shall include reasons for the appeal and may include recommendations by the permittee or applicant that would be acceptable to him. 2. The Department may consider any objections and requested revisions at the request of the applicant or permittee. If agreement Is reached, the Department, with the approval of the local issuing authority (if applicable), may revise the permit accordingly, or issue a new permit, or require the applicant to submit a new application for reconsideration. Changes in the original application, proposed design or access use will normally require submittal of a new application. 3. Regardless of any communications, meetings, or negotiations with the Department regarding revisions and objections to the permit, if the permittee or applicant wishes to appeal the Department's decision to the Commission, the appeal must be brought to the Commission within 60 days of transmittal of the permit. 4. Any appeal by the applicant or permittee of action by the local issuing authority when it is the appropriate local authority (under subsection 2.4), shall be filed with the local authority and be consistent with the appeal procedures of the local authority. 5. If the final action is not further appealed, the Department or local authority may record the decision with the County Clerk and Recorder. II Construction standards and requirements 1. The access must be under construction within one year of the permit date. However, under certain conditions a one year time extension may be granted if requested In writing prior to permit expiration. 2. The applicant shall notify the office specified on the permit at least 48 hours prior to construction. A copy of the permit shall be available for review at the construction site. Inspections will be made during construction. 3. The access construction within highway right-of-way must be completed within 45 days. 4. It is the responsibility of the permittee to complete the construction of the access according to the terms and conditions of the permit. If the permittee wishes to use the access prior to completion, arrangements must be approved by the issuing authority and Department and included on the permit. The Department or issuing authority may order a halt to any unauthorized use of the access. Reconstruction or improvements to the access may be required when the permittee has failed to meet required specifications of design or materials. If any construction element falls within two years due to improper construction or material specifications, the permittee is responsible for all repairs. 5. In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the access shall be securely braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence. All posts and wire removed are Department property and shall be turned over to a representative of the Department. 8. A copy of the permit shall be available for review at the construction site. If necessary, minor changes and additions shall be ordered by the Department or local authority field inspector to meet unanticipated site conditions. 7. The access shall be constructed and maintained in a manner that shall not cause water to enter onto the roadway, and shall not Interfere with the drainage system in the right-of-way. 8. Where necessary to remove, relocate, or repair a traffic control device or public or private utilities for the construction of a permitted access, the work shall be accomplished by the permittee without cost to the Department or issuing authority, and at the direction of the Department or utility company. Any damage to the state highway or other public right-of-way beyond that which is allowed in the permit shall be repaired immediately. 9. Adequate advance warning is required at all times during access construction, in conformance with the Manual on Uniform Traffic Control Devices for Streets and Highways. This may include the use of signs, flashers, barricades and flaggers. This Is also required by section 42-4-501,C.R.S. as amended. The issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. Ill Changes In use and violations 1. If there are changes in the use of the access, the access permit-issuing authority must be notified of the change. A change in property use which makes the existing access design or use in non-conformance with the Access Code or the terms and conditions of the permit, may require the reconstruction or relocation of the access. Examples of changes in access use are; an increase in vehicular volume by 20 percent, or an increase by 20 percent of a directional characteristic such as a left turn. The issuing authority will review the original permit; it may decide it is adequate or request that you apply for a new permit. 2 All terms and conditions of the permit are binding upon all assigns, successors-in-interest and heirs. 3. When a permitted driveway Is constructed or used in violation of the Access Code, the local government or Department may obtain a court order to halt the violation. Such access permits may be revoked by the issuing authority. IV Further Information 1. When the permit holder wishes to make improvements to an existing Legal access, he shall make his request by filing a completed permit application form with the issuing authority. The issuing authority may take action only on the request for improvement. Denial does not revoke the existing access. 2. The permittee, his heirs, successors-in-interest, and assigns, of the property serviced by the access shall be responsible for meeting the terms and conditions of the permit and the removal or clearance of snow or ice upon the access even though deposited on the access in the course of Department snow removal operations. The Department shall maintain In unincorporated areas the highway drainage system, including those culverts under the access which are part of that system within the right-of-way. 3. The Issue date of the permit is the date the Department representative signs the permit which is after the permittee has returned the permit signed and paid any required fees. 4. The Department may, when necessary for the improved safety and operation of the roadway, rebuild, modify, remove, or redesign the highway including any auxiliary lane. 5. Any driveway, whether constructed before, on, or after June 30, 1979, may be required by the Department, with written concurrence of the appropriate local authority, to be reconstructed or relocated to conform to the Access Code, either at the property owner's expense if the reconstruction or relocation is necessitated by a change in the use of the property which results in a change In the type of driveway operation; nr at the expense of the Department if the reconstruction or relocation is necessitated by changes in road or traffic conditions. The necessity for the relocation or reconstruction shall be determined by reference to the standards set forth in the Access Code. • • PERMIT NO. 390088 1 Driveway shall be constructed 24 feet wide with 50 foot radii. Surfacing for driveway approach is required as follows: 12" of class 1 gravel in 2, 6" lifts; 6" of class 6 gravel in 1, 6" liftS. 2 Fill/cut slopes shall be at a 6: 1 slope on the roadway and at 6:1 on the access approach. 3 It is the responsibility of the property owner to prevent all livestock from entering the State Highway right-of-way. Any livestock that does enter the Highway right-of-way is the responsibility of the property owner. 4 No drainage from this site shall enter onto the surface of the highway. All existing drainage structures shall be extended to accommodate all new construction and safety standards. 5 Contractor shall follow the applicable construction specifications set for by the Department of Highways in the latest manual Standard specifications for Road and Bridge Construction. The property owner is responsible for any utilities disrupted by the construction of this driveway and all expenses incurred for repair. Any damage to any existing Highway facilities shall be repaired prior to continuing other work. 6 Compaction of sub -grade, embankments and backfill shall comply with Section 203.11 of the Division of Highways Standard Specifications. 7 The first 20 feet beyond the closest highway lane, including speed change lanes, shall slope down and away from the highway at a 2% grade to ensure proper drainage control. 8 All excavations on Utility lines, culverts, other trenches or tunnels shall meet the requirements of Colorado Department of Highways, OSHA, Colorado Industrial Commission and the Colorado Division of Mines whichever applies. 9 The area around the new work shall be well graded to drain, top soiled, fertilized, mulched and reseeded. 10 Work shall BEGIN AFTER 8:30 A.M. and all equipment shall be off the roadway BEFORE 3:30 P.M. each day. PAGE NO. 1