Loading...
HomeMy WebLinkAbout2.0 AdministrationKathy: The substance of the revised well sharing agreement is generally acceptable, however, as you've noted, there are some additional issues. First, it does need to be organized into numbered paragraphs (especially since one of the provisions references a "paragraph 4" which does not exist). Second, you are correct that "Declarant" must be the true property owner—James and Jean Stephens Revocable Living Trust, and the Agreement must be signed by an individual authorized to act on behalf of the Trust according to the Trust documents. Finally, regarding the Well Permit — I went back through my packet and couldn't locate the deed transferring ownership into the Trust. If that document also conveyed the water rights associated with the property, then the Well Permit should be updated to reflect the current owner. However, for purposes of the well sharing agreement, it would be OK for it to identify that the Trust is the owner of the Well Permit No. XX "in the name of James H. Stephens." If the water rights were not transferred into the Trust's ownership, then the Declaration will have to be an agreement between the Trust and James H, Stephens as owner of the Well, which will require some additional minor revisions to the Declaration. From: 1(,iaht Planning Services. To: Kathy A. Eastlev Cc: Fred Jarman; kpsPvaiitnet Subject: RE: Stephens Date: Tuesday, December 46, 2011 11:39:47 AM Kathy, It is my feeling that we are getting nowhere at this time. The Stephens want to get this done. I therefore request another meeting with the Board if we cannot resolve this matter. The manner in which the conditions were written do not fit the situation, I believe. I did not argue the detail of the wording of the points at the hearing, as 1 thought these could be completed with staff in a reasonable and practical way while meeting the intent of the regulations. Also, the Board depends upon its staff to make judgments on these technical items and should not be burdened with such detail. Upon Fred's return I would like to meel to resolve what we can. We can then decide whether or not we need to have another hearing. 1 am quite willing to meet again with the Board to resolve all issues if necessary. The well is to be shared by both Pols in accordance with exempt well permit conditions. By law the well can serve three residences as stated in the permit. Proper easements to get water to both lots have been described on the Plat. For this two lot subdivision this is sufficient, The purchaser of the new lot is responsible for extending the line from the well to the homesite. At this time no plan has been completed or commenced for a home. The Preliminary plan process demonstrated that a reasonable and safe building site exists on the lot. Indeed the Board made its determination based on those facts presented. The second well was discussed with staff prior to and at the hearing. It has been abandoned and is not proposed to be used. The regulations for surveyors require it to be shown on the improvement survey map. This does not moon that it can be used only that it is an existing identifiable feature. The owners certainly have no intention to illegally using an abandoned well. We have not had an engineer draft a plan for the line from the well to the proposed home. Since there is no design for a new home yet; there is no way it could be accomplished. This is tantamount to any lot in o new subdivision where the main is designed and it is the responsibility of the lot owner to install the service line from the Main to the proper location at the home. No home owners associotion is proposed as there is no need for a homeowners association. The sole matter is the shared well. This is addressed by the well sharing agreement. This is apparently under review by the attorney's office. Similar to the above statement we are not able to design a detention pond without knowing the location and size of the home and driveway, etc. We have consistently pointed this out. We believe the only effective way to resolve this is to tie it inextricably to the building permit. Please reply after you discuss it with Fred and, if necessary, with the County Attorney. Best Regards Terrill From: Kathy A. Eastley[mailto:keastley@garfield-county.Com] Sent: Tuesday, December 06, 2011 10:25 AM To: kps@vail.net Cc: Fred Jarman Subject: Stephens Terrill, 1 received your message regarding the issue letter I provided to you. I am attempting to satisfy the conditions of approval adopted by the Board of County Commissioners, so we may have to go back to them if you want to deviate from the terms of their approval. We should discuss this, I am waiting for Fred Jarman to return so that he can be a part of this conversation. We can either try to call you or try to set up a time that we can call to discuss. Kathy Eastley, AICP Senior Planner Garfield County Building & Planning 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-1377 ext. 1580 Fax: 970-384-3470 eastleyfgarfield-county.com I don't know what the key to success is, but the key to failure is trying to please everyone. - Bill Cosby Garfield County December 5, 2011 Terrill Knight Knight Planning Services PO Box 947 Eagle, CO 81631 kosavail.net BUILDING & PLANNING DEPARTMENT Reference: Stephens Subdivision — Combined Preliminary Pian and Final Plat. Dear Terrill; We had corresponded on October 17, 2011 regarding satisfaction of conditions of approval that would allow for scheduling of the mylar for signature by the Board of County Commissioners (Board). Upon further review of the resolution, which memorialized the Board action taken on June 6, 2011, it appears that additional information is necessary to satisfy conditions imposed by the Board. Please respond to the following: Conditions of approval that are required to be adequately addressed at this time include: A. Submittal information states that there is one well on the 36 -acres, Well Permit Number 263032. This well is proposed to be shared by the two parcels however the well is located on Lot 2 thereby requiring that the Applicant provide documentation regarding water distribution to Lot 1 in addition to a Well Sharing Agreement. The first issue that arises is the fact that the plat appears to locate two wells on the parcel, on just southeast of the existing residence and one northwest of Lot 1 (on Lot 2) which includes a 15' easement for water distribution from the well site to Lot 1. Please confirm that one well exists on the 36 acre site and verify the location of the permitted well. The second issue that arises is the fact that the water distribution system must be designed and collateralized as part of the Subdivision Improvements Agreement. This information has not been received. B. Section 5-501 L. 12. H. requires the Applicant provide draft articles of incorporation for the HOA. The well permit and well facilities (and any other common facilities or easements) are to be transferred to this entity for ownership and maintenance responsibilities. Condition 4 of Resolution 2011-34 states that the dedication and transfer shall occur at the time of recording of the final plat and shall include, but are not limited to all easements of record, utility easements, water system and distribution easements. C. A well sharing agreement is being reviewed by the county attorney's office. Comments will be forwarded to you when received. 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 D. A Subdivision Improvements Agreement is required (Condition 7) and submittal of engineering plans, cost estimates and a site plan indicating the public improvements location are required (Condition 8) for the water storage, water distribution system, culvert, and detention pond. We received a draft SIA that included information regarding the construction and collateralization of the culvert but have not received required information on the other improvements. We look forward to receiving this information so that we may finalize the subdivision. Once the conditional requirements have been met the mylar will be scheduled for signature by the Board of County Commissioners. Please feel free to contact me with any questions regarding these requirements. Sincerely, Kathy - ' ey, AIC CC: Carey Gagnon L. Combined Preliminary Plan / Final Plat, The Combined Preliminary Plan/ Final Plat requires the following materials: 1. Application Form and Fees 2. Vicinity Map 4-502(C)(2) 3. Final Plat Map ((5-502)(C)(5) 4. Yield Plan (Conservation Subdivision only) 5. Operi Space Plan (If required) 6. Open Space Management Plan (If required) T Landscape Plan (Common Ownership Areas) 4-502(C)(5) (If required) 8. Impact Analysis 4-502(E) 9. Land Suitability Analysis 4-502(D) 10_ Lighting Plan consistent with standards in 7-305(B) 11. Visual Analysis 12. Final Engineering Reports and Plans a) Streets, trails, walkways and bikeways b) Engineering design and construction features for any bridges, culverts or other groundwater drainage structures to be constructed marked `approved for construction" c) Identification and mitigation of geologic hazards d) Final sewage collection and water supply and distribution systems plans. If approval from the Colorado Department of Public Health and Environment (CDPHE) is required for these systems, such approval shall be tendered as part of this submittal e) Erosion and Sediment Control Plan 4-502(4) f) Final documents demonstrating legal water including but not limited to approved well permits, augmentation plans, substitute water supply plans from a water conservancy district -AlTroved highway access permits from the Colorado Department of C._ Transpo€tiltion if -applicable h) Improvements Agreement including final cost estimates for public------- improvements, Covenants and Restrictions and By-laws, Articles of Incorpo 0—The applicable Final Plat ce+to-bound in the Workbook in the Building and Planning Department) which include listing all mortgages, liens judgments, easements, contracts, and agreements of record regarding the land to be platted. The Board of County Commissioners may require, at its discretion, that the holders of such mortgages, liens, judgments, easements, contracts or agreements shall be required to join in and approve the application for Final Plat approval before such Final Plat is accepted for review. All other exceptions from title shall be delineated. These certifications are found in the Workbook in the Building and Planning Department (Resolution 20'10-26). ,„4„fc 1anninC services, inc. .,," November 8 2011 vEl Kathy Eastley, Senior Planner Garfield County Building & Planning Department 108 Eight Street, Suite 401 Glenwood Springs, CO 81601 RE: Stephens Subdivision -= Garfield County file Number CPPF6619 Dear Kathy, In response to your letter of October 17, 2011 regarding the above file please refer to the below comments. Conditions of approval that are required to be adequately addressed at this time include: A. Provide verification from the surveyor that all improvements and water bodies required by the Unified Land Use Resolution of 2008, as amended are now shown on the plat as required by condition 3.b.i. Response: Jason Neil of Peak Surveying has verified this information. B. Are any easements that were created by this plat to be conveyed? For example, is the water line, well and well permit to be transferred to the homeowner's association? Condition 4 states that the dedication and transfer shall occur at the time of recording of the final plat and shall include, but are not limited to all easements or record, utility easements, water system and distribution easements. Response: No easements are to be conveyed other than by means of the Plat. There will be no homeowner's association created. C. Pursuant to Condition 5 a noxious weed inventory and treatment plan was required to be submitted to Vegetation Management prior to July 15, 2011 and documentation provided to the Planning Department regarding its sufficiency. Such documentation has not been provided to date. Response: 1 met with Steve Anthony of Garfield County Vegetation Management, on site on October 19, 2011 to conduct a noxious weed inventory. Mr. Anthony found no noxious weeds during his site visit. His October 25, 2011 email to you confirms this finding of no noxious weeds found on the site. box 947 - eagle, co 81631 - 970.328.6299 - fax 970,328.6254 kps@vail.net - www.knighlplanningservices.com 0. A well sharing agreement is required for review by county attorney's office prior to Board signature as stated in Condition 6. This agreement will be recorded concurrently with the Plat. Response: Mr. and Mrs. Stephens have signed the original well sharing agreement that was provided in the application and you have provided to the county attorney's office. The executed well sharing agreement is attached to this letter. E. A subdivision Improvements Agreement is required (Condition 7) and submittal of engineering plans, cost estimates and a site plan indicating the public improvements locations are required (Condition 8). Response: A draft Subdivision Improvements Agreement is attached for review to this document. I would again like to clarify that the only subdivision improvement for the Stephens Subdivision is the driveway culvert. All other improvements and costs will be borne by the purchaser of Lot 1. F. Fee in -lieu of school land dedication ($200.00) is required. Response: Mr. and Mrs. Stephens paid the fee in -lieu of school land dedication with check #4716 in the amount of $200.00 and made out to Garfield County Treasurer on June 16, 2011. This check was cashed on July 7, 2011. G. The Mylar signatures are complete except for the County Treasurer who is required to sign to certify that all taxes are paid in full. Your October 20, 2011 email stated that you would obtain the required signature from the Garfield County Treasurer. Please do not hesitate to contact me with any concerns. The Stephens are quite anxious to finalize this project. Best regard; Terri) night Knight Planning Services, Inc. Cc: Jim and Jean Stephens client file Attachments 7 Shared Well Agreement This agreement is by and between James H. Stephens and Jean G. Stephens Revocable Living Trust, hereafter referred to as "A", whose address is 1255 County Road 151, Garfield County, Gypsum, Colorado 81637 and hereafter referred to as "B" whose address is County Road 151, Garfield County, Gypsum, Colorado 81637. Agreement In consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby covenant and agree as follows: 1. "A" agrees to grant to "B" the right to a proportionate share of the flow of water from the domestic well whose location is shown on the plat. This share shall be used for 1 (one) domestic residence and domestic animals, not to exceed 3 and shall not exceed 1/3 of the production of the well. 2. "B" agrees to install a storage tank not to exceed 2000 gallons on his/her property, which shall be filed during the night time hours, between 10 pm and 4 am by a timer installed on the well. 3. (a) Each party shall pay proportionate costs associated with any and all cost associated with maintenance of the well; including utilities, repair or replacement of pump and well casing, re - drilling costs and electrical, mechanical or plumbing repair or replacement. (b) Each party shall pay all costs associated with the non -shared portions of the distribution system to his own property. 4. "A" hereby grants the right to "B", to enter upon "A" above described property for the purpose of operating and maintaining the water system described herein_ 5. (a) This agreement shall be binding upon and inure to the benefit of the successors and assigns of parties hereto. (b) The Laws of the State of Colorado shall govern the validity effect and conditions of the AGREEMENT. (c) This AGREEMENT contains the entire AGREEMENT between the parties and may not be modified in any manner except by an instrument in writing signed by both parties. Current Main Parcel "A" Owners: •adz', ,alp ames H. Ste P hens Date ' ter a76pil Jean G. Ste r ns Date Current Parcel "B" Owners: Date Date Y �'- EXISTING DOMESTIC WELL '1'0 BE SHARED NO CHANGES TO REMAINING PARCEL, UNDER THIS APPLICATION 131 CONCEPTUAL SEPTIC FACILITY L.38 ABIN & ti WATER SUPPLY FROM WELL TO MIN, 1,000 GALLON TANK (DOMESTIC 0 CONCEPTUAL DETENTION POND (SHALLOV 'S) dr 14,([ 30 LE CULVERT 8: N N GE NL RALNOTES: 1- SITE EL AN IS CONCEPTUAL- ASSOCIATED ENGINEERS REPORTS ARE IN ANTICIPATION OF t7 IE SIIOWN PLAIT OR SIMILAR. APRI ECANTiS RESPO:NSil3LE TO ENSURE COMPLIANCE W TTI{ DESIGNS AT TIME 01= PERMIT OR AMEND ACCORFHNGLY- 2. ALL ELEMENTS SHOWN ARE PROPOSED AND NOT ANTICIPATED FOR CONSTRUCTION AT THIS TIME OF APPLICATION. 3. SEE SURVEYORS PLAI FOR DEI AkLS ON PARCEL SIZE, METES AND BOUNDS, AND EASE: WENT INFORMATION. 4. ANY SITE SHALL BE Si:31EC i TO COUNTY SETBACK REQUIREMENTS IN EFFECT AT THE TIME OF BCILOFNG PERMIT APPLICATION. Exhibit A SIA • J I � . w 0'I H 0 7 GRAPHIC SCALE 40 0 40 80 160 1 inch = 40 ft. STEPHENS PARCEL SPLIT ELD COUNTY, CO 1 c1 RMC) January 25, 2011 Kathy Eastley, AICP Garfield County Planning Department Sent via: Knight Planning Services RED MOUNTAIP! CIVIL, INC. Re: Engineers opinion on costs and response to December 15 letter from County Review, CPPF6619 Dear Kathy, Please accept this letter as Red Mountain Civil's response for the various civil related issues noted in your letter from December. For convenience, I have reprinted the relevant civil items below with our response. 4. Proposed public improvements associated with this subdivision include a culvert and the water distribution system (to get the water from the shared well to the proposed property line of the proposed lot), including water storage. Engineered drawings and cost estimates for these improvements are required (§5-501 'L.12.(b)., along with a draft Improvements Agreement and proposed security to assure construction of the improvements (§5-501 L.12.(h)}. a. Response: An engineering plan is now provided. At this point we would like to stress the conceptual nature of such plans at this point. The Stephen's have yet to decide if they will build or sell the lot awaiting to see the results of feasibility and county approvals. Likewise, we object to the request to provide security at this point as there is no plan to begin construction in the immediate future and it seems all elements requested herein are suitably reviewed in the building permit process. Furthermore, it would appear the only potential "public" improvement would be the driveway culvert. The water system is merely a shared well agreement. 5. If applicable, easements for utility distribution (electric, gas, water distribution, ditches, etc) must be legally described on the plat and conveyed to a Homeowner's Association or proper entity at final plat. Further discussion is necessary regarding the ditches - perhaps notation of the water elements (book and page) would suffice or creation of formal easements based upon the current location of the facilities. v. Response: No easements are anticipated at this time. Water is internal with the easement from the well to the property boundary shown. A propane tank will be set and electrical service only, which does not require an easement. 9. The application states that "one culvert will be the only necessary drainage improvement" -- how is that determined if there is no drainage plan? Drainage impacts are discussed in the Red Mountain Civil, Inc. report which states that the "increased imperviousness would create a potential increase in 25 -year runoff of 2.4 C.F.S. This can be easily detained in a small, shallow pond." Where is the pond to be located, what are the specifications for the pond - this cost would need to be included in the Improvements Agreement. L-110125-costs.doc Exhibit B SIA Stephens Parcel Red Mountain Civil, Inc. Jan 2011 a. Response: The anticipated drainage improvements are now shown. The only culvert foreseen is the driveway culvert, which will be coordinated with County Road and Bridge when the driveway permit would be applied for. The Red Mountain report goes on to say that "a further look into the drainage is warranted as this is based upon a reasonable yet conceptual plan for the parcel." When would you propose to comply with this recommendation from your engineer? b. Response: Our understanding is if the language is on the plat and the approved application then it is the County's position that drainage recommendations must be complied with or a re -submitted drainage plan and report from a Licensed Engineer. Therefore the compliance with drainage recommendations, commitment to the basic drainage controls noted is implied. We are now showing a proposed location for surface features, again conceptual. 11. Does the current site have a Driveway Permit from Road and Bridge? Will an additional driveway permit be required for the new lot? a. Response: No permit has been applied for as it has not been determined when construction would begin or by whom. Costs for Sitework (estimated as of 2011) Driveway Culvert CONCLUSION $2,000 We respectfully request approval of this application. At this time the Stephen's do not have immediate plans to begin construction and request the requirement for security be waived. We are fully committed to following all building permit application requirements whenever this would be initiated. Respectfully submitted, Rick L. Barth, P.E. 36749 Red Mountain Civil, Inc. Silt, CO 81 652 / 970-876-7137 L-1 10125-costs.doc From: Steve Anthony To: Manby A. Eastiev Subject: RE: Stephens Subdivision Date: Tuesday, October 25, 2011 4:27:44 PM Kathy - 1 went up to the Stephens subdivision on the afternoon of October 19, 2011 and met with Jim Stephens and Terrell Knight,we walked the property, there were no noxious weeds, so I have no further concerns. Steve From: Kathy A. Eastley Sent Wednesday, October 19, 2011 2:19 PM To: Steve Anthony Subject: RE: Stephens Subdivision Thanks Steve. Kathy Eastley, AICP Senior Planner Garfield County Building & Planning 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-1377 ext. 1580 Fax: 970-384-3470 keastleyegarfield-county conn I don't know what the key to success is, but the key to failure is trying to please everyone. - Bill Cosby From: Steve Anthony Sent: Wednesday, October 19, 2011 10:58 AM To: Kathy A. Eastley Subject: RE, Stephens Subdivision I'll be going up there tomorrow and meet with Mr.Knight and will report back to you. From: Kathy A. Eastley Sent: Monday, October 17, 2011 12:18 PM To: Steve Anthony Subject: RE: Stephens Subdivision Thanks Steve, I didn't think they had submitted anything but wanted to be sure. Kathy Eastley, AICP Senior Planner Garfield County Building & Planning 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-1377 ext. 1580 Fax: 970-384-3470 keastley@garfie1d-county.tout 1 don't know what the key to success is, but the key to failure is trying to please everyone. - Bill Cosby From: Steve Anthony Sent: Monday, October 17, 2011 12:18 PM To: Kathy A. Eastley Subject: RE: Stephens Subdivision Hi Kathy I don't recall getting anything from them, and I don't have anything on file. That doesn't mean they didn't submit something, but generally I scan and save that info when 1 get it. From: Kathy A. Eastley Sent: Friday, October 14, 2011 3:55 PM To: Steve Anthony Subject: Stephens Subdivision Good afternoon Steve. The Stephens subdivision (CR 151 in Sweetwater) was conditionally approved by the BOCC on June 6h. One of the conditions was that an inventory of noxious weeds was to be provided to you along with a treatment plan — all by July 15th. Upon acceptance of this documentation you are to provide a letter of satisfaction — can you tell me if this was ever completed? Or if Jim and Jean Stephens have been in contact with you? I can't seem to recall this being completed and I've searched my files and have not found the necessary information. Any update you can provide would be very appreciated? Kathy Eastley, AICP Senior Planner Garfield County Building Si Planning 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-1377 ext. 1580 Fax: 970-384-3470 keastley@garfield-county.com I don't know what the key to success is, but the key to failure is trying to please everyone. - Bill Cosby Garfield County October 17, 2011 Terrill Knight Knight Planning Services PO Box Eagle, CO 81631 kps(cvail.net BUILDING & PLANNING DEPARTMENT Reference: Stephens Subdivision — Combined Preliminary Plan and Final Plat Dear Terrill; Mr. and Mrs. Stephens dropped off a mylar to the Building and Planning Department on Friday afternoon along with a check for recording fees, however we are unable to move forward to Board signature without submittal of documentation required by the approval. As you are aware the Board of County Commissioners conditionally approved the subdivision at a public hearing held on June 6, 2011. The Board action is memorialized in Resolution 2011-34 (attached) which list conditions of approval, some of which are required to be satisfied prior to Board signature and signing of the final plat, Information required by this Resolution has not been submitted as itemized below and the plat cannot be scheduled for signature until these issues being resolved. Conditions of approval that are required to be adequately addressed at this time include: A. Provide verification from the surveyor that all improvements and water bodies required by the Unified Land Use Resolution of 2008, as amended are now shown on the plat as required by condition 3.b.i. B. Are any easements that were created by this plat to be conveyed? For example, is the water line, well and well permit to be transferred to the homeowner's association? Condition 4 states that the dedication and transfer shall occur at the time of recording of the final plat and shall include, but are not limited to all easements of record, utility easements, water system and distribution easements. C. Pursuant to Condition 5. a noxious weed inventory and treatment plan was required to be submitted to Vegetation Management prior to July 15, 2011 and documentation provided to the Planning Department regarding its sufficiency. Such documentation has not been provided to -date. D. A well sharing agreement is required for review by the county attorney's office prior to Board signature as stated in Condition 6. This agreement will be recorded concurrently with the plat. E. A Subdivision improvements Agreement is required (Condition 7) and submittal of engineering plans, cost estimates and a site plan indicating the public improvements location are required (Condition 8) F. Fee in -lieu of school land dedication ($200.00) is required. G. The mylar signatures are complete except for the County Treasurer who is required to sign to certify that all taxes are paid in full. 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fart: (970) 384-3470 We look forward to receiving this information so that we may finalize the subdivision. Once the conditional requirements have been met the mylar will be scheduled for signature by the Board of County Commissioners. Please feel free to contact me with any questions regarding these requirements. CC: Carey Gagnon PUBLIC NOTICE TAKE NOTICE that James and Jean Stephens Revocable Living Trust, have applied to the Board of County Commissioners, Garfield County, State of Colorado, to request approval for subdivision of a 35 -acre property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: APPLICANT MUST INSERT Practical Description: 1255 CR 151(Sweetwater Cow Camp Road) in Sweetwater Proposal: The application requests a Combined Preliminary Plan and Final Plat approval to subdivide a ±35 -acre parcel into two (2) lots of 31.291 -acres and 3.7 -acres. All persons affected by the proposed plan arc invited to appear and state their views, protest or support. If you can not appear personally at such hearings, then you are urged to state your views by letter, as the Board of County Commissioners will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to recommend approval, conditional approval or denial of the request. The application may be reviewed at the office of the Planning Department located at 108 8th Street, Suite 401, Garfield County Plaza Building, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. A Board of County Commissioners public hearing on the application has been scheduled for Monday, June 6, 2011 at 1:00 P.M. in the County Commissioners Meeting Room, Garfield County Administration Building, 108 8th Street, Glenwood Springs, Colorado. Nanning Department Garfield County m m J- 1:13 tr U.S. - U.S. Postal Service,. CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No Insprance Coverage Provided) For delivery Information visit our website at www.usps.com.. L USE „ter;, Restage Certified Fee rZ 10 Return Recelpl Fee d t Required) R Delivery Fee tEndonserreent Required) 0 P 1 Tota! Postage & Fees $ $2. $2 30MA 1 +st Posnte d 0 lel Sena To S CrC3 r3i.r.iii:_tiV,VG ty, State, PS Form 39110, August 2006 • Sce ReverSe for Instructions SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed to: COMPLETE TNIs SECTION ON DELIVERY A. Signature X f Agent 0 Addressee B. R ved �}7f (Printed Name) C. Date of Delivery ij Lf` f - 0-I, D. Is Bell y addr d different from Item 1? 0 Yes ( E If YES. enter delivery address below: 0 No Cao St) l G t Oftl 3. Service Type Certified Mail 0 Registered 0 Insured Mall O Express Mali O Return Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service Iabe(j PS Form 3811, February 2004 ?ODA 1301 fflEll 4988 473 Domestic Return Receipt 102595.02.M-1540 COMPLETE THIS SECTION ON DELIVERY A. Signature ❑ Agent 0 Addressee 8. Received by (Pnbted Name) C. Date of Delivery . rte, ..3 0. Is delivery atddress'different from item 1? 0 Yes If YES, enter delivery address below: 0 No SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to; MA es 'Sits) iq 0 COLD ka RWWGK Kb'W RL Co W110-6-1 Service Type CR Certified Mall 0 Registered 0 Insured Mail ❑ Express Mall O Return Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) PS Form 3811, February 2004 71)09 14.1,0 00019 9789 81566 Domestic Return Receipt 102595-02-M.1540 9789 8566 U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No insurance Coverage Provided) For delivery information visit our website at www,usps.com A!� USE Postage S .0.44 --05* $ Postrritsrk $.30 2 ) 1 2011�xe Total Postage & Foes $ Certified Fee O CI F tunr Recelpl Fee (Erickmilment Required) Q Restricted Delivery Feo tEndorsement Required) Q rt r-1 D r o UUintki— RiJ Ila P LJI e5 STtie N .S rr PO8o CO LO KILO W. tZL RID City. Stn te. /FP PS Ith4 0 S t b3 `J See Reve,se fox tnstructrnns SENDER: COMPLETE THIS SECTION Complete Items 1, 2, and 3. Also complete item 4 If Restricted Delivery Is desired. la Print your name and address on the reverse so that we can return the card to you. III Attach this card to the back of the mallplece, or on the front if space permits. 1. Article Addressed to: } 1 i ELIC J C O r I S V.--t-t--;r1)1\--- 1 .---t-L--"C -`.1 lig S [-KV-6 C 14- Ka D Et3t.oV-\I .O5, (C) 1,6o3 COMPLETE THIS SECTION ON DELIVERY A. Signature X ❑ Agent © Addressee C. Date of Delivery D. Is de#very address different from item 17 0 Yes If YES, enter delivery address below: 0 No 3. Service Type Certified Mal CI Express Registered 0 Return Receipt for Merchandise ❑ Insured Mail b COD. 4. Restricted Delivery? (Extra Fee) U Yes 2. Article Number (Ranger from service label) 7008 1300 0001 4988 4 719 PS Form 3811, February 2004 Er r-1 i`- Domestic Return Receipt. U.S. Postal Service,.. CERTIFIED MAIL „ RECEIPT (Domestic Mail Only; No ins rance Coverage Provided) For delivery information visit our website at www.usps.com alapali142C 1 A L USE Postage CertHfed Fee Retum Receipt Fee (E mens Required) Reslricled Delivery Fee (Endorsement Required) total Postage 8 Fees $ Sent To S_8 Cir); Stare 11P+4 DLO KJ) S, PS Form 3800. August 2006 See Reverse for Instruct/ons 10259542-M-1540 SENDER: COMPLETE THIS SECTION N Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. Il Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mallplece, or on the front if space permits. 1. Article Addressed to: 4A . A14.0 -Z-%V.) \At 1,-:116.--tos +WO V fv\114-) VaPccnik11/4-^ 1 COMPLETETHS SECTION ON DELIVERY SIgnature xk ) I 19 B. IRceived by'( Printed Name) 0 Agent 0 Addressee C. Date of Oelivery D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type g Certified Mall 0 Registered 0 Insured Mail 0 Express Mall 0 Return Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service iebei) PS Form 3811, February 2004 7009 1410 0000 9789 8580 Domestic Return Receipt 10259S -02.M-1540 U.S. Postal Service CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps com 1410 POStage Certified Fee etum Receipt Fee tEndieT rsemenl Requited) i R . clad Delivery FeO (Endorsement Required) Total Postage Et Fees 05 \\ Poelme nt sr t. or PO -11.3,k1" 1,11.0L1 ukAJD v Pctutui 0.0 City, Stale ZIPF4 )IA PS Form 1800. Au!us 2005 See nevOrse for lInstruellinns R-1-1 s (pees -03 SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. IN Print your name and address on the reverse so that we can return the card to you. IN Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: KuJont i- Rot t Fbr- uw,i,Gur Lt S1 c' 1 COMPLETE THIS SECTION ON DELIVERY A. Sign: • 8. F3 ved by (i• 'i ❑ Agent tI Addressee Date ofl. ive D. Is delivery address different from ft` 1? 0 Yes it YES, enter delivery address below: 0 No 3. Service Type cit Certified Mail ❑ Registered ❑ Insured Mall © Express Mali 0 Return Receipt for Merchandise ❑ G.O.O. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Ranger from service febe/) 7009 1410 0000 9789 8573 PS Form 3811, February 21504 Domestic Return Receipt 102595.02-M-1540 U.S. Postal Service CERTIFIED MAIL., RECEIPT (Domestic Mail Only; No insurance Coverage Provided) ion visit our website at Postage Certified Fee Return Receipt Fee (En rsoment Required) Restricted Dollvery Fee (FndOrsernenl Required) Total PO&Iago & Foes trrtOM- /0t Sdreed, Or PO 1:)....YK-1L71.! 4 C+ry, Slato, Ir's4 eSU P l Et) lY Y^ f P5 Farm 3600 Air' ust 006 Se + Reverse tor Inet COMPLETE THIS SECTION ON DELIVERY ❑ Agent ❑ Addressee Rene by ( led Name) X41, C. Date of Delivery D. is delivery address different from Item 1? 0 Yes ft YES, enter delivery address below: 0 No SENDER: COMPLETE THIS SECTION w Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. !1 Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front If space permits.. 1. Article Addressed to: 141 SLu Pub 20 II Ori -1 '3(006, 3. Service Type 91 Certified Mali 0 Express Mail Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.Q.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Hensler from service febef) 7008 1300 0001 4988 4726 PS Form 3811, February 2004 Domest$o Return Receipt 1O2595.02•M•154C ru tt U.S. Postal Service CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No insurance Coverage Provided) Far delivery information visil our website at www.usps.com T FF1CIAL USE Postage Certllfed Fee rl la Return Receipt Fee i73( Required) Wed Denwery Fee (Endorsement Required) t m r" 1 co O 0 r Total Postage & Fans rmsz L 05 0 I. zo r IkniWCk$ DWCAA LL -G L7t or114 Sit) )W1 ll'S�..., 7 iP� 33�G� See Reverse for 1 nstruclia,is f'S rwsn 3fW11]. Aus3us12aa6 I�f planning Services, inc: 7009 1.410 0000 9789 8559 box 94 / eagle, co 81631 1 iu 11 111 i i i NI A K a !viA; 2 Parson Family Trust PO Box 497 Edwards rri Als19 4 N� FFD STATES PC.STRL SERVICE 1000 1 1 iu 1 U.S. POSTAGE PAID EAGLE . CO 8,631 MAR 01.'11 AMOUNT $5.59 81632 00087257-05 NIXIE 002 OE 1 00 03)0B/11 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD BC: 01631094141 *1479-04647-01-0S 11sRhwi1 11 „ 1Jlim11111111111111J1J111 1,111i111i 11111 7009 1410 0000 9789 8559 murin —Q IGO c A o fir_ rynn mrn an rrm To ro- 0 a ro 4 PUBLIC NOTICE TAKE NOTICE that James and Jean Stephens Revocable Living Trust, have applied to the Planning Commission, Garfield County, State of Colorado, to request approval for subdivision of a 35 -acre property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: A parcel of land situated in Section 23, Township 3 South, Range 87 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel being more particularly described as follows: Commencing at the West Quarter Corner of said Section 23, a GI.,O brass cap in place; Thence S. 591116'06" E. a distance of 1,247.74 feet to a point on the Northerly Right -of -Way of County Road No. 151, as defined in the Road Viewers Report shown on map No. 1 124 of Fiche No. 00271 in the Garfield County Clerk and Recorder's Office, the point of beginning; Thence leaving said Right -of -Way N. 23-123'29" E. a distance of 1,078.41 feet to a fence post in place; Thence N. 261154'48" E. a distance of 1071.02 feet to a point in the centerline of Sweetwater Creek; Thence S. 57059141" E. along said centerline a distance of 85.69 feet; Thence continuing along said centerline S. 50[131'39" E. a distance of 19.19 feet; Thence continuing along said centerline S. 50031'46" E. a distance of 90.93 feet; Thence continuing along said centerline S. 541146'44" E. a distance of 7.94 feet; Thence leaving said centerline S. 18"110'46" W. a distance of 960.61 feet; Thence S. 14014'40" E. a distance of 197.06 feet to a point in an existing ditch; Thence S. 531122'53" E. along said ditch a distance of 6.98 feet; Thence continuing along said ditch S. 63030'03" E. a distance of 56.03 feet; Thence continuing along said ditch S. 74L135'49" E. a distance of 78.71 feet; Thence continuing along said ditch S. 671103'21" E. a distance of 26.95 feet; Thence continuing along said ditch S. 35049'03" E. a distance of 28.21 feet; Thence continuing along said ditch S. 44J00'03" E. a distance of 89.06 feet; Thence continuing along said ditch S. 081-111'49" E. a distance of 200.79 feet; Thence continuing along said ditch S. 02E18'43" E. a distance of 127.21 feet; Thence continuing along said ditch S. 191.03'10" W. a distance of 75.59 feet; Thence continuing along said ditch S. 08❑42'40" E. a distance of 205.50 feet; Thence continuing along said ditch S. 01035'42" W. a distance of 85.05 feet to the invert of an existing Pipe; Thence leaving said ditch S. 10012`48" W. a distance of 143.30 feet; Thence S. 411132'25" E. a distance of 226.42 feet; Thence S. 19010'04" E. a distance of 104.71 feet; Thence S. 241 149'36" F. a distance of 227.92 feet; Thence S. 01E52'17" W. a distance of 27.00 feet to a point on the Northerly Right -of -Way of said County Road No. 151; Thence S. 56005'59" W. along said Right -of -Way a distance of 59.40 feet; Thence continuing along said Right -of -Way N. 25037'01" W. a distance of 72.82 feet; Thence continuing along said Right -of -Way N. 59025'01" W. a distance of 110.81 feet; Thence continuing along said Right -of -Way N. 68 046'01" W. a distance of 334.17 feet; Thence continuing along said Right -of -Way S. 84007'59" W. a distance of 116.74 feet; Thence continuing along said Right -of -Way S. 68038'59" W. a distance of 85.72 feet; Thence continuing along said Right -of -Way N. 88036'01" W. a distance of 65.52 feet; Thence continuing along said Right -of -Way N. 321 11 1'01" W. a distance of 172.55 feet; Thence continuing along said Right -of -Way N. 19046'01" W. a distance of 57.36 feet; Thence continuing along said Right -of -Way N. 46045'01" W. a distance of 81.12 feet; Thence continuing along said Right -of -Way N. 551142'01" W. a distance of 237.06 feet; Thence continuing along said Right -of -Way N. 46036'01" W. a distance of 136.93 feet; Thence continuing along said Right -of -Way N. 53005'01" W. a distance of 172.11 feet to the point of beginning. County of Garfield, State of Colorado Practical Description: 1255 CR 151 (Sweetwater Cow Camp Road) in Sweetwater Proposal: The application requests a Combined Preliminary Plan and Final Plat approval to subdivide a ±35 -acre parcel into two (2) lots of 31.291 -acres and 3.7 -acres. All persons affected by the proposed plan are invited to appear and state their views, protest or support. If you can not appear personally at such hearings, then you are urged to state your views by letter, as the Planning Commission will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to recommend approval, conditional approval or denial of the request. The application may be reviewed at the office of the Planning Department located al 108 8th Street, Suite 401, Garfield County Plaza Building, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. A Planning Commission public hearing on the application has been scheduled for Wednesday, April 13, 2011 at 6;30 P.M. in the County Commissioners Meeting Room, Garfield County Administration Building, 108 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County Exhibit A Adjacent Property Owners 1. 186323200073 Doris J. Miller Rev. Trust 2810 Heartland Valley Rd. Manhattan, KS 66503 2. 186323200068 Kenneth & Jennifer Wright 1300 Sweetwater Road Gypsum, CO 81637 3. 186323100052 William & Annalies Stephens 10 Colorado River Road Gypsum, CO 81637 4. 186323300074 Parson Family Trust PO Box 497 Edwards, CO 81632-0497 5. 186323400062 Rogers Family Partnership 31 W. Cheyenne Mtn. Blvd Colorado Springs, CO 80906 6. 186327100047 Winda NCE Ranch, LLC 1414 Swan Ave. #201 Tampa, FL 33606 7. 186323300091 Mark Scott Skelton 1445 Lake Creek Road Edwards, CO 81632 YYCur T-CIJ CJ, LV 1 1 6220591 Ad Ticket #5 Exhibit B l Acct: 8855519 Name: Knight Planning Services, Inc. Phone: (970)328-6299 Address: PO Box 947 E -Mail: Client: Caller: Charlynn Williams City: Eagle Receipt State: CQ Zip: 81631 Ad Name: 6220591A Editions: 8CT18PIN! Start: 03/10/11 Color: Copyline: 6220591 rct Stephens Trust Lines: 120 Depth: 9.94 Columns: 1 Discount: 0.00 Commission: 0.00 Net: 0.00 Tax: 0.00 Total 87.24 Payment 0.00 Original Id: 0 Class: 0990 Stop: 03/10/11 Issue 1 Rep: PI Legals ..a Ad shown is not actual print size 6220591 PROOF OF PUBLICATION RIFLE CITIZEN TELEGRAM STATE OF COLORADO, COUNTY OF GARFIELD 1, Jenna Weatherred, do solemnly swear that T am a Publisher of The Rifle Citizen Telegram, that the same weekly newspaper printed, in whole or in part and published in the County of Garfield, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Garfield for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 3/10/2011 and that the last publication of said notice was dated 3/10/2011 in the issue of said newspaper. In witness whereof, 1 have here unto set my hand this 10th day of March, 2011. Jenna Wcatherred, ' blisher Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado this 10t1i day of March, 2011. Mary E. Borkenhagen, Notary Public My Commission expires: August 27, 2011 Knight Planning Services, inc. TAKE NOTICE tha j amen ss and Jean Stephens Revocehie Living Truat, have applied to the Planning Commission, Garfield County, State of Colorado, to request approval lar subdivision Of a 35 -acre property situated in the'County of Garfield, State of Colorado; le -wit: Ledar7DBrr# A parcel 0sc1 laindion; situated in Section 23, Township 3 South, Range 87 Weal of the Sixth Principal Meridian, County 01 Garfield, State of Colorado; saidparcel rc particularly Cefollow- Comme ng at e Wei QuarterCorr 01 said Section 23, a GLO brass cap in place; Thence 5. 59°75'06" E. a distance 01 1,247.74 feet to a point on tha Northerly Right -of -Way of County Road No. 151, as defined in the Road Viewers Report shown on map No. 1124 of Fiche No. 00271 in the Garfield County Clerk and Recorder's Office, the point of bogiinning; Thence leaving said Right -of -Way N. 23'23'29" E. a distance of 1.078.41 feet to a knee post in place; Thence N. 26°54.48" E. a distance 01 1071.02 feet to a point in the centerline of Sweetwater Creek; Thence S. 57°59'41" E. along said centerline a distance 01 85.69 feet; Thence continuing along said center- line S. 50°31'39" E. a distance of 19.19 feet; Thence continuing along Said centerline S. 50°31'46" E. a distance of 90.93 feet; Thence continuing along said Centerline S. 54°46'44" E. e distan0e et 7.94 feet; Thence -leaving said Centerline' S.18°10'46" W. a distance of 960.61 Wet; Thence S.T4°14'40• E..a distance of 197,0E feet to a point in an existing ditch; Thence S. 53°22'53" E. along said ditch a distance of 8.98 feet; Thence continuing alang.Said ditch's. 63'conitiuing alonglsaid Mich S. 74°35'49'0F E. a dstance of 56.03 feet; " E. a distance of 78.71 feet; Thence continuing along Said ditch S. 6740321" E. a distance of 25.95 feet; Thence continuing along said ditch S. 35°4903' E a distance of 28.21 1eet; Thence continuing afdrg Said ditch S.44°00'03" E. a distance of 89.06 feet; Thence Continuing along said ditch 0.138°11'49"E. a distance of 200.79 feet Thence continuing along said ditch 5. 02°18'43" E. a distance of 127.21 feet, Thonce Continuing along said ditch 5. 19°03.70" W. a distance of 75.59 feet: Thence continuing along said ditch 5.08'42140"E. a distance of 205.50 feel; Thence continuing along said ditch S. 01°35'42"W. a distance o1 85.05 feet to the invert of. an existing Pipe; Thence leaving said ditch 5. 10°12'46- W. a distance of 143.30 feet Thence S. 41°3725' E. a distance of 226.42 feet Thence S. 19°10.04" E. a distance of 104.71 feet Thence 5. 24'49'36" E. a distance of 227.92 feet; Thence 5. 0f°52'T7/ W, a distance of 27.00 feet to 8 point on the Northerly Right -of -Way of said County Road No. 151; Thence S. 55°05'59" W_ along said Right -of -Way a distance Of 59.40 fact; Thence continuing along said Right -of -Way N. 25'37'01" W. a distance of 72.82 feet; Thence continuing along Said Right -of -Way N. 59°25'01" W. a distance of 110.8i ieei; Thence continuing along said Riglll-of-Way N. 68°48'01" W. a distance Of 334.17 feet; Thence Continuing along said Right -of -Way S. 64.0759"W. a distance of 116.74 feet; Thence continuing along said Right -of -Way S. 69°38'59" W. a distance of 85.72 feel; Thence continuing along sail Righrrof_Way N. 88`36'01' W. a distance of 65.52 feet; Thence continuing along said Right -of -Way N. 32"11'01" W. a distance of 172.55 feet; Thence cOntinuing along said Right -of -Way N. 19°4501" W. a distance of 57.36 feet; Thence continuing along said Rh3 pf_ d . sseupeygepuf BIT uf.<ed to esodind mg Jo; ' u ieieyl su51ss8 pus sf l a i,{5)40FJ 'a )J031JEi 5 pigs 014 JO 15.184611 118 p1 8 f4.1adeud 1881 gee 8551 '11SEa Jdf JErpltl lsaqye A 18811614 0,4101118 8 '110100 u1Oys 610198001 pus Bull; 34112 uollOne o!1gnd ;8 Mkt 1 W uan!C figeJeW sl 8080N ' 3hi�f033e3K�,,11,, 'LSn1110 P3eC Pies ui pu8 MBI Aq P8PEno1d se ales Jot puduep pus uo!pala;o a7flou P8111 spy 'may PBqu0 Isrul ♦o PIG ayt itq peJnoes 1gap to 'mopping eµ1 ;o JauMO luaJJnS ay1 31115 30 33U0t1 05914 co :se J qui pine ia0Rs uhmeni ash/ 31.311] 3O w110 3H,L NI £ '014 0J' NI1I3 30.0fd ONIIIC1Yd 'b )1001R'£ 101 :JIM 0.1 `00VU0100 JO 311Y15 ONV 019131900 40 A.LNl00 3Hl NI 9NI38 CNY ONIA1 91Yf111S 'GNV1 30 130HYd tIO 101 1339180E3G BN111801104 31-11 April 8, 2011 Kathy Eastley, MCP Garfield County Planning Department Sent via: Knight Planning Services Re: Engineers opinion on additional comments on water supply requests Dear Kathy, Please accept this letter as Red Mountain Civils response for item 11 (printed below) concerning the proposed shared well as a water supply. While we understand your request to consider this a public improvement, therefore requiring drawings, cost estimates, surety or construction at this time, we respectfully disagree. °11) "the response from the Division of Water Resources (DWR) indicated that the water supply should be physically adequate to serve two dwelling units with the use of a storage tank. this would be considered a public improvement requiring engineer drawings, cost estimates and inclusion in the improvements agreement (with necessary collateral to assure construction of this improvement)." We disagree with this for the following reasons. 1) While a shared well, we do not concede that this is a "public" element requiring surety. The county will not have any authority over the use and function of the well. The water rights, as noted in the DWR letter, are approved for such use and the crossing of the irrigation ditch would require no coordination with a public entity, but only the ditch company for construction access and restoration. Arty easement agreement would be between lot owners and, as necessary, the ditch company. 2) We can put an ADU on the lot but it has not been determined if my client will put an ADU on the lot. We certainly have no qualms with committing to a storage tank of a minimum size at this point as that definitely is the owner's intention and wise practice. But whether that tank and/or supply line should be sized for one or two dwellings should remain to be analyzed at the time of building permit. Regardless, the requirements of whatever is design will certainly fall within the guidelines of the DWR requirements. 3) As the DWR letter states, it is possible the water supply dwindles for some unknown and unforeseen reason in the future. We would have installed infrastructure prematurely. As long as the supply does riot seem to dwindle (Le., the well continues to perform as we have seen for the last 12 years), we have good confidence we can supply all water as permitted and as noted by the DWR. 4) With the above points, we submit the appropriate and sufficient documentation of water supply has been provided and requiring cost coverage at this time is prerrrature. Our client is riot a developer in the typical sense, but just a property owner. Infrastructure not in place at this time can easily be spelled out on the plat and/or any tide documentation, such as the shared well L-1104DB-response Stephens Parcel JAN 2011 RED MOUNTAIN CIVIL, INC. agreement. At the time of lot sale, or at the time of acting on building plans when equipment, materials, etc., would be out there anyway, is the most practical and least impactful approach to the solution, Therefore any such elements should be clearly physically absent from the site and an issue of negotiation between owner and buyer. 5) We are not intending to build very soon and would like to minimize disturbance if at all possible. Therefore, the alternative to collateral being immediate construction of these presumed public elements would cause disturbance now, then again whenever the driveway, structure, septic field, etc., would be built We would prefer to keep all construction in a single season, if possible. CONCLUSION We respectfully request approval of this application without such requirnaents as noted in itern 11 of your letter. As before, we are fully committed to following all building permit application requirements whenever this would be initiated. Respectfully submitted, Rick L. Barth, PJ . 36749 Red Mountain Civil, Inc, Silt, CO 81652 / 970-876-7137 L -110408 -response April 8, 2011 Kathy Eastley, AICP Garfield County Planning Department Sent via: Knight Planning Services Re: Engineers opinion on additional comments on water supply requests Dear Kathy, Please accept this letter as Red Mountain Civils response for item 11 (printed below) concerning the proposed shared well as a water supply. While we understand your request to consider this a public improvement, therefore requiring drawings, cost estimates, surety or construction at this time, we respectfully disagree. "11) The response from the .Division of Water Resources (DWR) indicated that the water supply should be physically adequate to serve two dwelling units with the use of a storage tank. This would be considered a public improvement requiring engineer drawings, cost estimates and inclusion in the improvements agreement (with necessary collateral to assure construction of this improvement).' We disagree with this for the following reasons. 1) While a shared well, we do not concede that this is a "public" element requiring surety. The county will not have any authority over the use and function of the well. The water rights, as noted in the DWR letter, are approved for such use and the crossing of the irrigation ditch would require no coordination with a public entity, but only the ditch company For construction access and restoration. Any easement agreement would be between lot owners and, as necessary, the ditch company. 2) We can put an ADU on the lot but it. has not been determined if my client will put an ADU on the lot. We certainly have no qualms with committing to a storage tank of a minimum size at this point as that definitely is the owner's intention and wise practice. But whether that tank and/or supply line should be sized for one or two dwellings should remain to be analyzed at the time of building permit. Regardless, the requirements of whatever is design will certainly fall within the guidelines of the DMR requirements. 3) As the DWR letter states, it is possible the water supply dwindles for some unknown and unforeseen reason in the future. We would have installed infrastructure prematurely. As long as the supply does not seem to dwindle (i.e., the well continues to perform as we have seen for the last 12 years), we have good confidence we can supply all water as permitted and as noted by the DWR. 4) With the above points, we submit the appropriate and sufficient documentation of water supply has been provided and requiring cost coverage at this time is premature. Our client is not a developer in the typical sense, but just a property owner. Infrastructure not in place at this time can easily he spelled out on the plat and/or any title documentation, such as the shared well t. -110408 -response Stephens Parcel JAN 2011 RED MOUIIrAIN CIVIL INC. agreement. At the time of lot sale, or at the time of acting on building plans when equipment., materials, etc., would be out there anyway, is the most practical and least impactful approach to the solution. Therefore any such elements should be clearly physically absent from the site and an issue of negotiation between owner and buyer. 5) We are not intending to build very soon and would like to minimize disturbance if at all possible. Therefore, the alternative to collateral being immediate construction of these presumed public elements would cause disturbance now, then again whenever the driveway, structure, septic field, etc., would be built. We would prefer to keep all construction in a single season, if possible. CONCLUSION We respectfully request approval of this application without such requirments as noted in iteln 11 of your letter. As before, we are fully committed to following all building permit application requirements whenever this would be initiated. Respectfully submitted, Rick L. Barth, P.E. 36749 Red Mountain Civil, Inc. Silt, CO 81652 / 970-876-7137 L-11040 3 -response Terrill, Attached is a comprehensive letter outlining the issues identified by the referral agencies. These issues will be included in the staff report for the Planning Commission hearing on April 13th. Feel free to contact me with any questions or comments. Kathy Eastley, AICP Senior Planner Garfield County Building & Planning 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-1377 ext. 1580 Fax: 970-384-3470 keastley@garfield-county.com SUCCESS IS NEVER FOUND. FAILURE IS NEVER FATAL. COURAGE 15 THE ONLY THING_ -- WINSTON CHURCHILL No virus found in this incoming message. Checked by AVG - www.avg.com Version: 8.5.449 ! Virus Database: 271.1.1/3537 - Release Date: 03129/11 06:34:00 1.031 - _ FINAL PLAT STEPHENS SUBDIVISION SITUATED IN THE W1 /2 OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 87 WEST OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO 5.E13.11. F r.45 15 .313+557* m'vs n.101.30AT 1F l 1.110 A(. 5X =1011• 1'1,1. 5.155.4 r(nr, 3a'E1� '11310.=!1.534 "FT13 .S 111 4111,011(4.R ¢. i44511. n[" [ VT. 1' 55, 3,4' 411 to GRAPHIC SCALE • mmoismui d- ismi - 5 -- DET.UL GHAPHir. sc:AI.F .( TRU 3 lob = 60 5t 11! .F. 1iMA3F 3Aur I ,! F5x• 5rn 111 r¢ 311111 Lo11 Tri. 534111051101.04.4n0.04 . r 1ST A ::r[1 In 143' 141414314' 133. 111x.1,4 [5x4411'1' 1-114T 1 11441 113(3314STmr 41: n44011,41 1 5 sn15i.K1u'N [Alm TH35 F:"RT 4!0115315 T !Li I.F.101 SIA", L.,: Di 131 .STrI, I5 FY13. AhT1CR1.nx 01113 ,11.53 •411 ,5Ct11414.'444+4113(1131,1(33 (1(,114.40.3. Ix3nc L•r :31.544. SL.N1110IIS Fa41-Si•NT3. 043.rh_M 3a ,'t' 15-0311,13[5 TJ"CCR93Frrr•Tx.Gnlrrr,l pR0Fr3Fv4,3 nes el Sri.. F 1(FVT AS 111(1(131 1/411/14 4413 :14305 .511.10 !TIE A'0,1,0,1, nr 1143 9'3Y(441\541'"Sl(INi'"3,\'LS. R ITS 1 31115 P1 .T Is .e0Rpv 4114 --, r ¢13.3.1 01- (nU+Ts rn:1431ss1'1575.4 05 (4v r •rl n (Y1L'4T4. [0114.1{5 31115 „4051Y,Rn30 5FCPRr51110vx:T' `UR m,1'5,4.117 in - V.8 4113,.43 11(50(10 S - THAT APPR,,,br0S'CWAV nn1114T15r.,yfn'3nrn':9TT' F011 -4F 0114.,0-1.11 0111111,1 (5101: rir RON., 1,111.5. PL RI 4. HICIRWAVE OR Ph •111 19410 1 _ HAIN VIA, COLA 11,1,1•1,1.15SION,AS 1,11,r s, u) .1.11541.44131,.1 1411: tut NIS or ei e0F:EIa 511(51. r(4.4.1l' C4dRc SURVEYOR -5 CE(TIFIC ATS' R.70.11.13<2. 1:111.1.11, 111A. i I n1.1 0151111MM. 0,11R .V.E. 1.3 11,1:0 IIIL - 11-.51 1...., 1- y01011!0N N CER Ti4ICA'h OF 1.9X1:5 FA) W.a, FAS 113.12,1, AND 1.1-5s:LS AS .1 4, 51.11.[43,MIME 151334 5,004 ins C xLB3v 'f[1vu x11.1 •r -II -ICS Du R1.64L•1x1v3G 30.1'41,[.1 rH. 50_1(.1 -sus. OI64,15 t lilt s'. UER8.43611:. Lu 1153[053,('65010' T114r 111E F+.'? E .103101.:'1 O4 i n.XiS .S5Er ,•SS15544Oa.T3 1(L). A'.w 1A L55ur . U141411:3, PAFCi135'3641 S-A1E Z3L13"P1R..11 L1, Tx: s rr"111 ARF. u1"p1'yG11(SiB4A, 13 - 1F[531L4nL, 3. 5, SL TH:5 5535 1•415515i ▪ 1(F.Sd. 1(410313)113 G.11"uF RI 5.403 tit1,w55416 ['e - MOTES 5 ▪ e.1 F,P,(Y..35PRI,.,5.3n 1.433 [ R1r3 �., ..•ol" .1531(.1x31,1151 3.1 Mil. 41,...•,4•1 -° 1 .1(l"1. [.3. u.u.5 1` 115x:10r1171Rrsr311 C LI5111101V13• 111. IR68INOlur 3V111141•Sr !-1wt0.N 116 'MAI WAR 1,3,1'3.41(:131.1 NF R FIR P.Fnax1111.M1A 4: Eti5 SHOWN '-f.H 0.[14 •ti:'.5 `LPl!.Y:I.tI P'F(W 1,F NM Flr7. A xx.ns Ni RS 1....3 LI reins. 1,6P,ISTTRISORVEVS RR -C.11.1. /4n, 2g1.11F 1014,1.3441 IS IIII [.u1.IL.5.[1I.'MiY[LI3x Mill Ar - - AtA,u. 1.rplYn FRr.1RFxe T(A1. A1en.,,111111 ., 1 w A 113.4,.3134' ax L_nvArl3 Rx LE x •4336.363. 1] A5 OTH, PROT111(1 nu. x53 310313tHAI.,,c,TIIL LAS! 13L3MK, DART 411. .1(350400.11_ R 1117[71 1)P1 511 TORE! 1,1f 1431115:131111.1.1.M., U_N NCI. ,ELA.11_,S."5101x31.451 uw3T,3IH. AIR .101.15 xrO.T'l ox. 6'.53,41:41,,1;3015 3•:x1. x01 101,010.0 '51•. :v fUI R._5ti"SF:R�E�-0113 CERT1EC3.TE 45061.50.1 Sr! 104.1- : 51/4/ Fn.54 0.41.4 0(0 0',T 5110 ACf(13rY (:r 5: -avert. EA1:T.^"A1m44 OR I.R,07.14.1Z. n iRR5;10T TO( P 5 4 51-5:-I11 AV.. :o3. F"1IS2 GAR,: FAS, C O•U4T' 50'R5s 100 AN1I OSP. TAB. 1.617 i ACREAGE 1 LAID USE ADORES' S 1331 5 51x 6[ 1 ,e9 r AL. r 1 4.11431S. 03 4161 311511FYr.P. 5)11,1.0.. TIN.s1Lr RF.tl-nENIA. COL:M1-1, ROAD 0.1 TOTAL 11005. sF111 FY ¢ A5T 11,1-3,v` :11 x036'RR- .1 /.SII \111•X1 f1(UR SFC.:! -G1.4. 41351 Pft15-113 `„ 03411(1[ x363, ('.35Si4C4114C iASF_,!.r O R41i• 1x:311 16- 111 FL YF11.3 S CAP 11_ •1.0.1.411533 .• 5'1113-r S.I3 RI!k 15 1 0 4115 HARK . SRC 73 Ex rem. ) 1 14408 . 1002 [L CERIJF[CATE OF DEO] CATION A84:3 014'NE3$H1F' 1(8. 0E15C S3'E 0'35_44441. 111 Etc SI01!•-E OF ALL. THAT 1L4111111 -5.1.1V .51fl.6TR1. n 036 rI_131Lt3U110, u_0Cul1fr0! 551'6:1(4(3. i LINE -TABU UNE I 1753901.4[: 1"1 I 57 ,I•,.i LLVli131 SI11E J L3fiE TA_1LE RFA1(ENG 11:3.344.x0' IS1CCllf " 7313' J 5}131'3.-0 13 551131.4'1: _ L4 45.'1011'01 41'13 - 45345['01(' Vex'4341-u• 3NFr 1 cu. 011.E L L1 141'141,'01 SCL3' 06:8 v 0-415all •r 51,1331.0 '0 '10.45 1....3,]F 4 16+ 15(341.1-? SA11 01 14461.5t i-54.. 3 1 11 _, 411.16' I 4'111•,13-6 80.[e' v55=.S1.1:3 .. IRS! Lax 8111.313,,. 1j_s _ US 01'113•:3.11 3 '1 '3' - 113 1.16 5115"11.0'11 5611314]'14' 145501 45.4,3 I,(. LT 1:64-!1301.. - 0.49 L1' 54:•:1''x1-33, 1(551• el S 5 S1'tr.6•(1 4112' - .51. 1 I, 3 513 014 013.10 IW II' 1k' 50.451"3l1p':LS TY - 1,. " 43 4.1. _" 1 L=: 141 135'-31-L 11_'61 1P•11ZL OT L.1413 3:1'.STEDIR"u'I r 015F1-1Ia031.71111.X1(115411311 4.454111514.43.T 1111 5144411 13,.. 4,4831➢. a3ATSIIF CO:.ORA11s1 53:1.=.1)5,10.1133,1..31.1:05 TAR] K1.1.4115.4 11131'11.4 3313 1p: 1000. 4 u} .▪ ,11117931.4o3 AT 1TIL ',ST 1],11A R7(PC(31.1 F., SA11.1,1[1,21, f,LLIPPAS5= , " 5344':8P3'E n 44651.13[.[ OF 1:•111 FLET 10 4 PONT 0-3/ THE VCso THs,f Y 14.:(1K7 -(11c -WAY nF rrn/'T)' 3040 Hn 24 .04 144.3ua14 ,11..C.110_, (▪ 5 11 :N1YC(IRe Aln3 Frn1r:FR5[.Fs'H-F 1"3, PS144.342/114N5( (N 14(.31,,1: 4L: 1..31. ''3 IF34,4: 4,H331Cnsr{15.11').3 46LC.(0- 11.1.31 IF.R1 1013 FF.,C1'.0045 :r:PCAL-F. 1403(1"R'10.3,44'F: A 1253 ASCE CIF 1011.13 "TFT TO ▪ ALPO NT Sri ^.rr 431Fre' lllr Cir Sulr4t•.515 t-¢r=x T11rSv-1- « 'r Iv[1•r 4l n.;r 11413rc1711! FAT 111051,.nr5!.,311'3;:1a_,6.LOV11:NGALONG 5Ai3 C IN11.11.PT. 3'01I01.1-1: A6117. t,f[1F1=1a F1•,17 SA !'..[14'G 5.310 rF.STE¢:ISn55C 31531E 5 OF.TA,r F1C4.1 u 1F1T THF,[% i 1' X305 5 ♦111lr 13]'1, L.F 511• '• ..1`1.1.. 5 1 'r.5!:14163,44E(srn19r FELT TO 41.04I 55151V.00lrC▪ lL 5x5-.(.4 A' 1.1Y' •'6 41)4 411 SA: 41(113x413443iC,CE 3554114 FEET. T111srE 1,.01'144:sC ALM`[ 85:1' 4131 15 5,3':0101'E43151Ast'E(,F14.03F'EE1:1550:[11:[.144F,vrvL.SWS65A:u13:11:451[•3.,.•1. A :3:4, 35[1[ 1r 11.11 a4G 5 011] :ATT. 53.3444,33.44,0431355E 11151111111 4111F1Cr C1:ti31 SLIl1413,4G 5 x0440,-34 511411.115 ,. - ' -S1:!1x1_11402310;11 13.143,35'.1'0-�.' 3,•x353"1, MF[ARC, Cp3,Tn1T.. Garnr.r[ 54:T1ncrr 1• aF64145.44rE [IF 11'3: Fp.1! 44103,1 '. C0e7r4/11y(-411036 .U: UT 41C11516' 74.0.S'S 01Sr.4HCE OF55.'45F1T:T11I.36CLCONTM1 :f+4.11.a'x 50117. 035011531'.3'l5'R.A ! 111TA1s-!106In! !n'TIT; 34x]6[5 /(H.TISLR546 4111.-0 53141'431015.11'1,41 •¢' A 311 5 1 4 1 11' 1113. 44 TT1T Tn Ex1S::V[:r0F, 1415_5[5 1(110-1[ 5:r1.u--.1,11,5r.v,CE6,c ;'3.?11-.51. .r'r+ x 015rtiyCHnF ):x(35051; '�Crsl'•r'0 1M3i14TlavctOF(SrffsrM A. POOI.r[ THF 6461 :..':!•'4-r' ALONG S.x1x1011 r Sx WAY• r :STx3TF[r•61 •', A'1i.55r, Tan%CP (54614:110 6 0v'1. Sn T.S.5)1'T.t11. 4'41 h-!" l'l'-x A 01514x('3. (01x.43 1r7T.Ti1F"xCF.Co511;.4ETC.104011Fn1150111115443.4145'3.-le'isvl•a'n 01.53. 0..OF11 1303-3.1, 11 144.. CMTUEI'.C. A! "NG 4...I-1 T{Ir.u• Rl' 4::1•+5..11 TI' A 5155 •Rrr' OT 111 1711.=T 1741'x55 r0 TT.:11 41 AI n'.0.. 5516 .3511 WAN Ss, 1,3•.35 1(-3 41ST 4.14L3 01134.5.0113,1: 11113CEC[1h'1_.11'J.G.ti1.3461A(41lILI(5-0F,W,Y ri:STnhr 01•. 15 5: FE-FT,,n F15YF Cr -m.111Sr, A8.155•541.1 R11HT - x1151344±11 nF 1-3" 4"L CE( On4±0+GALUNG3n1L1x..."m rNn3,1l1'40'31'* 314511&'.0400513l FEE 1 :r"EMF. ens 440044 .1 (01(1 35'110 I0HT.04.u•5V 44'• 5Nl•4 •I,ISP4r'r443..,15r Fr: 1.r NC.s[11("1.1134rr 1C •H: t,l.u'.ST S•!!•uc[• 1(.41(15"n3[E[3133'. 311 rEE [. F11.A.E Lu341N01S[: 41.0111. SAONE 1014. SAIDA 4.15:14:4(040 111-117FJ.TL30 THE 111,6+11 O10EGi3\'W, 5.51-1 F,RCF.F•C0Y1,IriG 11 5:153CRSSl 5100E OR :555. AVI.UAL:5111.1111.F.11,111.L11.10.11.1•110,1,111 10 ,I. E ,V1 11015A,nv WKS AS Stie03l(TlI1(1014 11 CT'T[0il .11('5•3.41'14:4:15:l'1F[ti 0n-PIt(-3,', 14114115455518 4 5C'61:19351u+L+ n1FCC D,PiL4115471EW TIR 43.474F14511015EILF.BY (1,1111:4:6 4.51:713 1A1r ALL (4r111L 53511/33 (31110.35111511543,•.111TSIr"1rrn1,1rr41'B.4 pLST T(, FI1T I.yEnr A:E rl'LL13r140r59 q.5h4 F.111C'41:'1S) 1,1 111E vl-nuC1.:1::1 FS IIR F %x414 H%+3315 SS:F:RF_,a Cif w:R IYq::'r[+1 .,31.6,155.603 .11..P «' 1 111 0 3111.1 10TR 114 115. Srr16tru11'..-. RAT 45 FF R 0111' •1 0 . F3 7 , 150 ▪ .UCL(:5 rr11(4155 4p 11r11:Inti 4 A Oa.3[,414.'' enu1415440 14CEc� ne.x313.4 F, 1(1 G16, 0 off-110rEiAS LIMA .0113 1.00 E. NIXLA 31111R i 11. Rli 14.1F .0.13 R3t'511OSnr PFRP.1 S '4! 1434330r 1'413555 3', 1001055 FOR :,51 3'F nF S1▪ 011 1(41 1:051.311JF1 Ai:OR4G!r51'L•.LL b=:LTILi:Jd3:f:.4 RF.15011ti0a Ar -,1 4L1.11,40453,0411A ALL 114514:44F. FOR 51071:1 F.S 191[ 13143400,T1Ir3T5 5!L5LL RF" 511'15!1'11 R5' 1113 51105'4 nR n R5115_Et 31(31 113, 1115 ('1113n1T w 1.na0F3v • INN 1. 1.0..115 1sL0'13161. 3 111 31 Y1T '_[ fl a"3 513101(11A3f.1LA150 I Is= -30.41 []A i Y 11 Ali G5 131:10_1 LION .661: 3 11 5 413 511:' 1141 4. 10 .111 k5'LL44131I:51G1:TA•RF3 014:4.5511Y I In.,ll.4,4 [1F11r1141.5:4i C!.S:YB A.43) 34 1:(1HTSh'R:S CERTIFICATE. 11113 41.41 111.48 F;LEL1 FOR RWC(346 10 '(::¢ 4,5'445:3, OF 131E 4.1.4;x5 -32.41 304.441:3.43 LF 014x51513 I:U41n-IY,[[::AR511O. A: _ 4'[1..051'. .. Erx THIS . DAT U1' 34 . 115-1 i( 116':.3, RE24/B3:1"45303.[':,;104 4s': L3.1053100 301((1111411 34,1111 PEAK \ Surveying. Inc. PO 1113 IIl4-Ri51, CD 81654 P14u:., 19115 621-1914 _ (00197.0} 625 -:1St svt„.50041145511'131'0 rcm 13,3. DA, FEtri 1414 B. •N •75 FFSR OAR 15,3,11 058-5-19v"1➢W'G J.1MSS & JEAN STEPHENS OAR YI ELD LOUN F Y. C'O1.6RA1)0 STEP/ [ENS SUBDIVISION w l j2 SHL'. 23,'r3S, RS7W 1255 COUNTY RD. #151 -GYPSUM, CO 90. {1905$ 1OFI EXISTING DOMESTIC WELL TO 13E SHARED //rte =1 �o NO CHANGES TO REMAINING PARCEL UNDER THIS APPIJCATION WATER SUPPLY FROM WELL TO MIN. 1,000 GALLON TANK (DOMESTIC 31 L3R CONCEPTUAL SEPTIC FACILITY :AWN & ARA 30 1,1' CULVERT. 28.. \ FONC 1=.PTUA I, DNFAori `(TION OAI.LO\ 5, �► r0 C �r oma, 1 1 1 Q GPlir [[AS. NOTES. !. SITE PLAN IS C•ONC FPPUAL• ASSOCIATED ENGINEERS REPORTS .ARE 1N ANTICIPATION OF 'DEE Si TOWN PLAN OR SIMILAR. APPLIC.ANI IS RESPONSIBLE TO ENSURE COMPI.TANCF. N'I7H r F.SIGNS AT TRIF OF PERMIT OR AAI ENO AC'C'ORDINGLY. 1 ALL ELEMENTS SIIOW'N ARE PROPOSED AND NOT .ANT3rIPATED FOR CONSTRUCTION AT TH IS 'TIME OF APPLICATION SFE SURVEYORS PLAT FQIR:]LTA II.S ON PARCEL S12F. METES AND BOUNDS. AND EASEMENT 1NTORMAT[DN. 4. ANY SITE SHALL BE SC BJECT TO COUNTY SETBACK REQUIREMENTS 1N EFFECT AT THE TIME OF BUILDIND PERMIT APPLICATION. GRAPHIC SCALE 40 0 40 80 160 1 inch - 40 FL. u CO A STEPHENS PARCEL SPLIT GARFIELD COUNTY, CO �1 RM C,D2 DEPARTMENT OF NATURAL RESOURCES DIVISION OF WATER RESOURCES CE1V MAR 2 4 Z011 GARFIIELID COUNTY BUILDING pI PLANNING March 17, 2011 Kathy Eastley Garfield County Building and Planning Department 108 8th St. , Suite 401 Glenwood Springs, CO 81601 John W. Hickenlooper Governor Mike King Executive Director Dick Wolfe, RE. Director/State Engineer 2_?) n Re: Stephans Subdivision Preliminary Plan and Final Plat Section 23, T3S, R87W 6th PM Water Division 5, Water District 53 Dear Kathy: We have reviewed the above -referenced preliminary plan to subdivide a parcel of approximately 35.001 acres (currently described as Lot 1 B, James Stephens division of Land) into two residential parcels of 3.710 and 31.291 acres. Lot 1 would have one single family dwelling and Lot 2 would have one single family dwelling and an accessory dwelling unit. The applicant proposes to provide water services through one existing well on proposed Lot 2. This well would be shared by both lots through a well sharing agreement. Sewage disposal is to be provided through two individual systems. A well on Lot 1B is operated under Permit No. 263032, which was issued pursuant to CRS 37-92-602 on October 30, 1998 as the only well on 36.001 acres, more specifically described as Lot 1B of the James Stephens division of Land. The well is located in NE'/4 SW'/4 of Section 23, Township 3 South, Range 87 West, 6th PM. The well is permitted to serve indoor household purposes for up to three single-family residences, irrigation of up to 1 acre of home gardens and lawns, and watering of the user's non-commercial domestic livestock. This well was drilled under Monitoring Hole notice 34189 -MH. Two previous well permits have been issued for Lot 1B, permit nos. 170752 and 209354. Condition no. 3 on permit no. 263032 requires that the well that was previously operated under permit no. 209354 (constructed under permit no. 170752 in 1993) and any other existing wells on the property must be plugged in accordance with Rule 16 of the Water Well Construction Rules; a Well Abandonment report must be completed and submitted to affirm that the old well was plugged. To date, an abandonment report has not been submitted for permit no. 209354. This well (drilled under permit no. 170752) must be plugged and abandoned in accordance with the Water Well Construction Rules to maintain the validity of permit no. 263032. The well test report by Red Mountain Civil, Inc. dated August 9, 2010 indicates that the well operating under permit no. 263032 produced an average of 5 gallons per minute over a 24 hour period on July 15, 2010. The water supply should be physically adequate to supply two dwellings with the use of a storage tank. Please note that the long term adequacy of any ground water source may be subject to fluctuation due to hydrological and climatic trends. It should be noted that as proposed, Lot 1 will not be provided with any irrigation water. The applicant states that they have ditch rights that will remain with the proposed Lot 2. In Office of the State Engineer 1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303-866-3589 http://water,state.co.us Kathy Eastley March 17, 2011 Stephens Subdivision Preliminary Plan and Final Plat Page 2 addition, the proposed well sharing agreement states that Lot 1's share of the well will include one domestic residence and domestic animals, not to exceed 1/3 of the production of the well. As currently stated in the well sharing agreement, none of irrigation water allowed under permit no. 263032 will be included in Lot 1's share of the well. Based on the above, it is our opinion, pursuant to CRS 30-28-136(1)(h)(I), that the proposed water supply will not cause material injury to decreed water rights, so long as the applicant maintains a valid well permit, and is physically adequate. If you or the applicant has any questions concerning this matter, please contact Karlyn Adams of this office for assistance. Sincerely, Jeff Deatherage, P.E. Water Resources Engineer JD/kaatStephans Subdiv.docx cc: Alan Martellaro, Division Engineer Frank Schaffner, District 53 Water Commissioner Rr FERRtA L F(J.RIVI Garfield County Building and Planning L)cpartment 108 8th Street, Suite 401, Glenwood Springs, CO 81601 (970) 945-8212/Fax:70) 384-3470 Date Sent February '28. 2u1 1 P +urn Requested: March 21, 20] 1 File NumberIName(s) Project Name(s)Y pptions) �_ J Tpof Alica CPPF6619 TStephens Subdivision [Combined Preliminary & Final Plat Phone: 970-945-8212 Staff Planner: Kathy Eastley keastlevggarfield-county.Com Applicant: James and Jean Stephens Phone: Contact Person: Terrill Knight -- Knight Planning Services Phone: (970)328-6299 Location: 1255 CR 151 Sweetwater Summary of Request: Subdivide a 35 -acre property into a 31.3 -acre lot and a 3.7 -acre lot. The Garfield County Planning Department has received a land use request as referenced above. Your comments are an important part of the evaluation process. In order to review all appropriate agency comments and incorporate therm into the Staff Report, we request your response by March 21st. Aitt t7 Office of Division X7,1-lER` Number its I7etaal Rued & Bridge Attorney X Paper 24 x 36" Engineering -Mountain Cross Chis Halm X Paper 24" x 36" X CD Planner X CD and Paper 24 x 36" Planning Commission 11 Paper 11x17' Sheriff's Dept. X CD Board of County Commissioners 5Paper 11x17 Vegetation Manager X CD cOw ADO STATE 1.OArifp? SVT. S. W Rtsowrrt 1iJxtcJPnvineer Ge:ologieat Survey (Fee) Water Conservancy Board r --- X I'D Town — Citi+C/Rasnitdac nuc/Cdglcletn Health Department (CDPI ffi — W QC:?) CO State Forest Service X CD X CD X CD x CD Wildlife Division (GWS EAGLE?Office) X CD EAGLE County Planning EAGLE County Road & Bridge X CD XPaper 11 x 1T' US Forest Service 3TSTRICTS/SERVICES .: [Holy Cass Plectric School District— RE5017 xC.D X CD 1_ __yC psum Fire Dirtrict — Dave Vromao X CD Soil Conservation District X CD NViv�Tiv►e ki(21._913 Garfield County BUILDING & PLANNING DEPARTMENT February 18, 2011 Terrill Knight Knight Planning Service P.O. Box ci•7 Eagle, CO 81631 kps[va i I. net Reference: Stephens Subdivision -- Garfield County file no. CPPF6619 Dear Terrill; The Building and Planning Department has received the request for re -submittal of the application as well as the material necessary to rnake the original submittal technically complete. The Planning Commission hearing date has been set for April 13, 2013 at 6:30 p.m. As a matter of process, the Planning Commissions shall hold an advertised public hearing on the proposed action at a regularly scheduled meeting. The Applicant shall be solely responsible for the publication, property posting, and mailing of all notices. The Applicant shall present proof of publication and mailing at or before the meeting. The item cannot be heard if correct noticing requirements have not been met. Notice for the meeting shall be given as follows: 1. Notice by Publication. At least thirty (30) and not more than sixty (60) calendar days prior to the date of a scheduled public hearing before the Board of County Commissioner hearing, and at least thirty (30) and not more than sixty (60) calendar days prior to the date of a scheduled public hearing before the Board of County Commissioners, the applicant shall have published a notice of public hearing in a newspaper (Rifle Citizen Telegram is the only newspaper that meets this criteria) of general circulation in the area that the proposed land use change is located. Publication of said notice shall follow a form prescribed by the County. 2. Notice to Adjacent Property Owners. Except for text amendments to the provisions of this Resolution and existing Planned Unit Developments, at least thirty (30) and not more than sixty (60) calendar days prior to the date of a scheduled public hearing, the applicant shall send by certified mail or by a nationally recognized overnight courier, return receipt requested, a written notice of the public hearing to the owners of record, as shown in the office of the County Clerk and Recorder or Assessor at least 30 days prior to sending notice, of all adjacent property within a 200' radius. Within the same time period written notice shall be provided to owners of mineral in interests in the property (other than construction materials as defined in Section 34-32.5-10 CRS, as amended) in accordance with Section 24-65.5-101, et seq., CRS, as amended. (Reso 2009 - 53) 3. Posting of Notice. Except for text amendments to the provisions of this Resolution and existing Planned Unit Developments, at least thirty (30) and not more than sixty (60) 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 calendar days prior to the date of a scheduled public hearing the applicant shall post a notice of the public hearing on the property. Such notice shall consist of at least one sign facing each adjacent road right-of-way, and located so as to be fully visible from the road right-of-way generally used by the public. Such signs shall be provided to the applicant by the Planning Department. (Reso 2009 - 53) I have enclosed the suggested public notice in Word format so you can add or amend necessary information, such as the legal description of the subject site. A poster will be necessary to meet the requirement for posting of the property, please let me know when you are able to come to our office to pick that up or if I should mail it to you. These posting and public notice documents for the Planning Commission public hearing are provided as a courtesy. The Applicant must verify that all information provided in these documents is correct. As always, it is the obligation of the Applicant to correct any deficiencies such that proper notice in form and substance can be established. Note: I have also enclosed a referral form which lists the federal, state and local agencies who will review the application as referral agencies, as well as the Planning Commission and Board of County Commissioners. We will require thirty-five (35) copies of the completed application and all supplemental materials (three (3) paper copies with 24" x 36" plans, seventeen (17) paper copies with 11 x 17" plans and sixteen (16) CD's) no later than February 28, 2011 (but ASAP if possible). If the copies have not been submitted by this date, your public hearing may be jeopardized. Feel free to contact me with any questions. Sincerely, Kathy Eas ey, AICP Attachments CC: File Garfield County February 18, 2011 Terrill Knight Knight Planning Services, Inc. P.O. Box 947 Eagle, CO 81601 kps@vail.net BUILDING & PLANNING DEPARTMENT Reference: Stephens Subdivision — Combined Preliminary Plan and Final Plat Dear Terrill; A letter regarding technical compliance of the above referenced application was sent to you on November 15, 2010, attached. One of the last paragraphs of that letter stated: Please be aware that Section 4-103 C.1. states that if the applicant fails to correct the deficiencies within 60 calendar days the application shall be considered withdrawn. Response to the November 15th letter was received on February 7, 2011, however January 14, 2011 would have been the final day to issue a determination of completeness and in compliance with §4-103 C.1. Your request to waive this requirement was received by the Director of Building and Planning; however, the Unified Land Use Resolution does not allow the Director to waive this requirement. The above referenced application has been considered withdrawn as of January 14th, re -submittal of the application is required if your client desires to move forward with subdivision of the property. This re- submittal would require a newly completed application form and fee ($1,075.00) along with submittal of three copies of the supporting application materials. The Building and Planning Department is willing to waive the review fee for the re -submitted application (hourly review fee remains applicable) and staff is willing to accept the original application (with resubmitted items attached to your letter of February 7th, the revised plat and revised site plans submitted on February 15th and le respectively) as technically complete. A formal letter of technical completeness, request for referral copies, scheduling of Planning Commission public hearing and public notice forms will be provided later today. Feel free to contact me with any questions regarding this issue. Sincerely, 0.,, Kathy Es e , AICP CC: Fred Jarman 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81 601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 44, lanninS services, inc. February 7, 2011 Kathy Eastley, Senior Planner Garfield County Building & Planning 108 8th Street, #401 Glenwood Springs, CO 81601 RE: Stephens Subdivision — Garfield County File Number CPPF6619 Dear Kathy, Please find below responses to your letter of November 15, 2010 regarding the above referenced file. 1. A copy of the Intergovernmental Agreement between Garfield County and Eagle County for law enforcement, road maintenance, fire protection and school districts. Response: As discussed in our meeting of December 3, 2010, you have determined that you could provide the intergovernmental agreement between Garfield County and Eagle County. 2. A recorded Statement of Authority, pursuant to C.R.S. §38-30-172, which identifies the individuals) who may sign an behalf of the trust — or — recorded trust documents that authorize Jim and Jean Stephens to sign on behalf of the trust. Response: The recorded Statement of Authority and Certificate of Trust 2006 and The James and Jean Stephens Revocable Living Trust agreements are attached to this response of incompleteness as, Attachment #1. 3. No information is provided regarding Sweetwater Creek or the ditch(es) that run through the property. Provision of information requires description of the ditches and the Creek, the latter of which will require setbacks of 35' from the high water mark (§7-201E and §7-2O3). Response: There are no ditches on this property that serve other water users. There is a ditch that is located east, of the east property line and only crosses the 35 acre parcel, well below the newly created parcel. This ditch does not have a name; however, it was dug many years ago by the applicant's father and uncle. The ditches noted on the Plat are lateral ditches used for irrigation of this property only. Sweetwater Creek runs along the border of the property in one small area. No flood plain information is available but the existing home and the proposed home site are both elevated hundreds of feet above the creek. The thirty-five (35) foot setback will be respected. box 947 - eagle, co 81631 - 970.328,6299 - fax 970.328.6254 kps@vail.net - www.knightplanningservices.com Page 1 1 .______) 4. Proposed public improvements associated with this subdivision include a culvert and the water distribution system (to get the water from the shared well to the proposed property Zine of the proposed tot), including water storage. Engineered drawings and cost estimates for these improvements are required (§5-5O1 L.12.(b)., along with a draft Improvements Agreement and proposed security to assure construction of the improvements 05-501 L.12.(h)). Response: A response from Red Mountain Civil Engineering is attached as Attachment #2 to this document. 5. If applicable, easements for utility distribution (electric, gas, water distribution, ditches, etc) must be legally described on the plat and conveyed to a Homeowner's Association or proper entity at final plat. Further discussion is necessary regarding the ditches — perhaps notation of the water agreements (book and page) would suffice or creation of formal easements based upon the current location of the facilities. Response: Garfield County Road #151 is adjacent to both parcels. Telephone and electrical lines are currently located in the right-of-way. These are sufficient to serve all proposed uses, without crossing another property. An easement is currently shown on the plat from the well to the proposed lot. 6. Application and fee for Colorado Geologic Survey review is required, the application form is attached. Please make the check out to Colorado Geologic Survey. Response: Per your recent email, I believe that check number #4496 made out to Colorado Geologic Survey from Jim and Jean Stephens has been located at Garfield County Building and Planning Department. I have provided the Colorado Geologic Survey Application form with this fetter as Attachment # 3. 7. The application provides response to the components of the Land Suitability Analysis however several of the responses do not provide supporting documentation. a. Item 2. regarding adjoining roadways references discussions with Brad Higgins of Eagle County Road and Bridge yet there is documentation to support the fact that "all matters appear to be resolved". Is there any documentation regarding this fact? b. Item 12., regarding archeological, paleontological or historic resources on the site requires a qualified professional determination — this typically is through a record search by an archeologist. Response: a. A letter from Brad Higgins, of Eagle County Road and Bridge Department is attached, as Attachment #4 to this letter Response: b. A report prepared by, Metcalf Archeology is attached, as Attachment #5 to this letter. Page 2 8. Water quality information is required pursuant to §7-104B.2.d. Response: Appropriate water samples have been analyzed by John C. Kephart & Co, Grand Junction Labortories. The report is attached as, Attachment #6. 9. The application states that "one culvert will be the only necessary drainage improvement" — how is that determined if there is no drainage plan? Drainage impacts are discussed in the Red Mountain Civil, Inc. report which states that the "increased imperviousness would create a potential increase in 25 -year runoff of 2.4 C.F.S. This can be easily detained in a small, shallow pond." Where is the pond to be located, what are the specifications for the pond — this cost would need to be included in the Improvements Agreement. The Red Mountain report goes on to say that "a further look into the drainage is warranted as this is based upon a reasonable yet conceptual plan for the parcel." When would you propose to comply with this recommendation from your engineer? Response: Appropriate plans will be submitted with the Building Permit Application for the new house an Lot #1. 10. No information is provided regarding the proposed Accessory Dwelling Unit (ADU) on Lot 2. Section 7-801 provides additional required standards for an ADU which must be addressed. Further no information is provided regarding the proposed location of the unit nor is water and sanitation information provided regarding this unit. Please include a section in the application specific to this additional unit. Response: Garfield County Land Use Regulations permit an accessory dwelling unit in this zone. While nQ accessory unit is proposed at this time, a future owner may wish to exercise this right. If so, all Garfield County Land Use requirements in effect at the time will be adhered to. 11. Does the current site have a Driveway Permit from Road and Bridge? Will an additional driveway permit be required for the new lot? Response: A new driveway permit will be obtained at the building permit stage. We do not have a copy of the driveway permit for the existing home. It is presumed you would have a copy of the driveway permit in your building permit files. 12. Discuss traffic impact fees related to this subdivision. The site is located in Area 12 which is subject to traffic impact fees pursuant to §7-405. Please see reap at http://www.garfield- cou ntv.com/Modules/ShowDocument.aspx?documented=2151 Response: The site is located in Area 12 of the traffic impact fees map. From reviewing 7-406, Standards for Traffic Impact Fees (Resolution 2010-50), of Garfield County Land Use Regulations it does not appear that a ane unit subdivision in this area is subject to traffic impact fees. Area 12 is not represented on the Impact Fee Worksheet. Page 1 3 13. A referral will be sent to the School District RE501-J regarding fees in lieu of land dedication — acceptance and cost of fees. Response: As stated on page 20 of the Stephens Subdivision application, it is understood that the applicant will meet the requirements of $200.00 per dwelling unit to RE50J School District. Please do not hesitate to contact me with any further concerns that you might have on this file. I look forward to working with you through the planning process. Best regar 5, Terrill Knight Knight Planning Services, Inc. cc: Jim and Jean Stephens client file Page 1 4 JEAN G STEPHENS JAMES H STEPHENS 1255 COUNTY Ra 151 PH. 970-524-9342 GYPSUM. CO 81637 4716 82-24411070 Bank of Coioradv+. L1c311ar Attachment #5 Metcalf Archaeological Consultants, Inc. 6.January 2011 Terrell Knight Knight Planning PO Box 947 Eagle, Colorado Re: Letter Report Regarding Cultural Resources in the Stephens Subdivision Project Area, Garfield County, Colorado. Dear Mr. Knight, This letter details the results of cultural resource files searches conducted by Metcalf Archaeological Consultants, Inc. (MAC) within the proposed Stephens Subdivision project arca in Section 23, 'township 3 South, Range 87 West, Garfield County, Colorado. An on-site inventory of the project area was not conducted by MAC; rather existing site documents were consulted. The project area is located in the West 1/2 of Section 23, Township 3 South, Range 87 West on private lands (Garfield County), about 15 miles west of Dotscro. Per your request, this letter serves as documentation of known cultural resources in the area of potential effect (APE) to comply with Garfield County's code (Section 4-502-E9b) regarding the protection of cultural resources, The Area of Potential Affect is defined here as the circa 25 -acre subject property as plotted on maps provided by Knight Planning (see Figure 1). MAC conducted a cultural resources fIe search through the state of Colorado's Office of Archaeological and Historical Preservation (OAHP) website on .January 6, 2011. The Bureau of Land Management's online database of General Land Office (GLO) maps was also consulted (www.glorecords.blm.gov). The OAHP database lists all previously recorded archaeological sites within a specified area. The entirety of Section 23 (T5S, R93W) was searched, as well as the adjoining sections within a mile. General Land Office (GLO) Maps show government surveys conducted as early as the late 1800s, and often depict historic resources such as buildings, roads, or ditches, that may still exist and require documentation. Any cultural resources within the immediate project area were noted and are described here. The project area has not been previously inventoried for cultural resources, however; one historic archaeological site, 5GF433, has been previously recorded in Section 23 of T3S, R87W (Mchls 1980). This site consists of the Riland Civic Center, a historic schoolhouse that is currently used as a community center, It is located about one half mile east of the project area. This site was recommended eligible to the National Register of Historic Places (NRNP). It is also shown on the USGS Topographic Map dating to 1977 (photorevised 1987). Site 5GF433 is located outside of the APE, and would not be directly affected by the undertaking. (970) 328-6244 Fax: (970) 328-5623 P.O. Box 899 Eagle, CO 81631 www.metcalfarchaeology.com Metcalf Archaeological Consultants, Inc. Five cultural resource inventories have taken place within a mile of the project area. A total of three historic archaeological sites were been previously documented as part of these surveys. These resources include two historic cabins (5EA254 and 5EA2574) and a segment of the historic Ute Trail (5GF1073.2). Both historic cabins are recommended not eligible to the NRHP, and the Ute Trail is recommended as "needs data". All of these cultural resources are located far outside of the APE for the proposed Stephens Subdivision. A GLO map of the project area dating to 1890 depicts a site with the name "Newman" which could represent a building or homestead that is located close to the APE. However, the site is not depicted on subsequent maps of the area (1933), and may have been demolished. An on-site cultural resource inventory was not conducted by MAC for this project. Based on previous work in the area, there is low to moderate potential for finding cultural resources in the proposed Stephens Subdivision project area. There are numerous water sources near the project area, but the specific topographic setting of moderately steep valley sides with scattered tree cover is less favorable for prehistoric and historic habitation. Aerial views of the project area indicate moderate disturbance from several roads and nearby residential areas. Previous surveys in the general area have not resulted in any prehistoric resources, therefore historic resources such as road segments or ephemeral trash scatters are more likely to be found in the project area. Thank you for contacting us. We hope to work with you again in the future. Please do not hesitate to contact me with any questions or concerns at 970-471-4291 (cell) or 970-328-6244 (office). Best Regards, 7Q tom,' c.%fLfLf Melissa Elkins Project Manager References Cited Mehls, Steven F. 1980 Management Appendices Grand Junction District Class 1 History. BLM Grand Junction District. On file at the Office of Archaeology and Historic Preservation, Denver. (970) 328-6244 Fax: (970) 328-5623 P.O. Box 899 Eagle, Co 81631 www.rnetcalfarehaeology.com Figure 1. Location of Proposed Stephens Subdivision, Courtesy of Knight Planning. SUBJECT' PROPERTY • 'un f1 `y• /t VICINITY MAP SCALE: 1"2000 i • ef? 3 L JOHN C. KEPI -TART & CO i1 Attachment #6 435 NORTH AVENUE $ PHONE: (970) 242-7618 + FAX (970) 243-7235 * GRAND JUNCTION. COLORADO 815OS — ANALYTICAL REPORT — Received from: Jim Stephens 1255 C. R. 151 Gypsum, CO 81637 970-524-9342 Customer No. Date Received 12/16/10 t a[.oratory Nn. Lab number Sample ID 1672 S1mp/e Bate Reported 1/20/11. water 1672 Limits for Drinking Supplies Well water 12/16/10 10AM Total Coliform Bacteria Nitrate(N) Sulfate(SO4) Antimony(Sb) Arsenic(As) Barium(Ba) Beryllium(Be) Cadmium(Cd) Chromium (Cr ) Mercury(Hg) Selenium(Se) Thallium(T1) Cyanide(CN) Fluoride(F) Lead(Pb) 0.07 221 0.000 0.000 0.09 0.000 0.0000 0.000 0.00000 0.000 0.000 0.000 0 co1/100m1 mg/1 mg/1 mg/1 mg/1 mg/1 mg/1 mg/1 mg/1 mg/1 mg/1 mg/1 mg/1 0.81 mg/1 0.000 mg/1 by Colo. Dept. Health must be less than 1 10.0 mg/1 250 mg/1 0.006 mg/I 0.01 mg/1 2.0 mg/1 0.004 mg/1 0.005 mg/1 0.1 mg/1 0.002 mg/1 0.05 mg/1 0.002 mg/1 0.2 mg/1 4 mg/1 0.015 mg/1 Not all factors which might be harmful were tested. Limits given are set by the Colorado Dept. of Health and are constant revision. Lab Dir.: Brian S. Bauer JOHN C. KEPHART Sc CO 'AU ,J r �. [[ATRftg 435 NORTH AVENUE 4 PHONE: (970) 242-7613 * FAX: (970) 243-7235 / GRAND JUNCTION, CQLokAno 81501 - Received from: Customer No. — ANALYTICAL REPORT — Jim and Jean Stephens 970-524-9342 Bill Gates 970-243-9835 paryticles 1208 in liquid Laboratory No, Sample 9/20/10 9/27/10 Date Received Date Reported Lab number Sample ID 1208 before filter Particle Size Analysis: > or = 106u 0.25 mg/1 106u to 53u 53u to 22u 22u to llu llu to 5u 5u to 2.5u 2.5u to 1.Ou 1.0u to 0.2u u . micron mg/1 = milligrams per liter 0.70 mg/1 118.55 mg/1 6.0 mg/1 3.0 mg/1 0.75 mg/1 0.5 mg/1 0.55 mg/1 Lab Dir.: Brian 8. Bauer Garfield County November 15, 2010 Terrill Knight Knight Planning Services P.Q. Box 947 Eagle, CO 81631 kps@vail.net BUILDING & PLANNING DEPARTMENT Reference: Stephens Subdivision — Garfield County File Number CPPF6619 Dear Terrill., The Building and Planning Department received an application on October 12, 2010 for a combined Preliminary Plan and Final Plat for the Stephens Subdivision, a two lot subdivision of a 35 -acre parcel located on CR 151 in the Sweetwater area. The file has been reviewed for technical completeness and, though the application was well put together and fairly comprehensive, there are required submittal items that have not been provided. Please respond to or provide the following; 1. A copy of the Intergovernmental Agreement between Garfield County and Eagle County for law enforcement, road maintenance, fire protection and school districts. 2. A recorded Statement of Authority, pursuant to C.R.S. §38-30-172, which identifies the individual(s) who may sign on behalf of the trust — or — recorded trust documents that authorize Jim and Jean Stephens to sign on behalf of the trust. 33 No information is provided regarding Sweetwater Creek or the ditches) that run through the property. Provision of information requires description of the ditches and the Creek, the latter of which will require setbacks of 35' from the high water mark (§7-201E and §7-203). 4. Proposed public improvements associated with this subdivision include a culvert and the water distribution system (to get the water from the shared well to the proposed property line of the proposed lot), including water storage. Engineered drawings and cost estimates for these improvements are required (§5-501 L.12.(b)., along with a draft Improvements Agreement and proposed security to assure construction of the improvements (§5-501 L.12.(h)). 5. If applicable, easements for utility distribution (electric, gas, water distribution, ditches, etc) must be legally described on the plat and conveyed to a Homeowner's Association or proper entity at final plat. Further discussion is necessary regarding the ditches -- perhaps notation of the water agreements (book and page) would suffice or creation of formal easements based upon the current location of the facilities. Y. Application and fee for Colorado Geologic Survey review is required, the application form is attached. Please make the check out to Colorado Geologic Survey. 7. The application provides response to the components of the Land Suitability Analysis however several of the responses do not provide supporting documentation. a. Item 2. regarding adjoining roadways references discussions with Brad Higgins of Eagle County Road and Bridge yet there is documentation to support the fact that "all matters appear to be resolved". Is there any documentation regarding this fact? 1 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 b. Item 12., regarding archeological, paleontological or historic resources on the site requires a qualified professional determination - this typically is through a record search by an archeologist. 8. Water quality information is required pursuant to §7-104B.2..d. 9. The application states that "one culvert will be the only necessary drainage improvement" - how is that determined if there is no drainage plan? Drainage impacts are discussed in the Red Mountain Civil, Inc. report which states that the "increased imperviousness would create a potential increase in 25 -year runoff of 2.4 C.F.S. This can be easily detained in a small, shallow pond." Where is the pond to be located, what are the specifications for the pond - this cost would need to be included in the Improvements Agreement. The Red Mountain report goes on to say that "a further look into the drainage is warranted as this is based upon a reasonable yet conceptual plan for the parcel." When would you propose to comply with this recommendation from your engineer? 10. No information is provided regarding the proposed Accessory Dwelling Unit (ADU) on Lot 2. Section 7-801 provides additional required standards for an ADU which must be addressed. Further no information is provided regarding the proposed location of the unit nor is water and sanitation information provided regarding this unit. Please include a section in the application specific to this additional unit. 11. Does the current site have a Driveway Permit from Road and Bridge? Will an additional driveway permit be required for the new lot? Discuss traffic impact fees related to this subdivision. The site is located in Area 12 which is subject to traffic impact fees pursuant to §7-405. Please see map at http://www.garfield- countv.com/Modules/ShowDocument.aspx?documented-2151 13. A referral will be sent to the School District RE501-J regarding fees in lieu of land dedication - acceptance and cost of fees. Please be aware that Section 4-103 C.1. states that if the applicant fails to correct the deficiencies within 60 calendar days the application shall be considered withdrawn. Terrill, I have clarified the "process" for this combined application. Originally I had told you that the BOCC hearing would be the final action, and signature on the plat would occur at that time. It does not appear that that is required - we can go to the BOCC hearing for Preliminary Plan and conceptual final plat approval. Typically signature of the plat is conditioned upon satisfaction of certain actions, therefore pursuant to the Code the applicant has 180 days to receive Board signature on the final plat. We can take the plat to a public meeting (no notice) for authorization of the Chairman to sign the plat and all related documents. Feel free to contact me with any questions/comments. Sin Vii`• I Kathy ley, AICP cc: file 2 L. Combined Preliminary Plan / Final Plat. The Combined Preliminary Plui 1 Ficial Plat require5i the fulluwiiu 1 irtat�ri�al . 1. Applicrcion Form and Fes 2. Vicinity Map 4-592(C )(2) 3. Final Plat NUT 05-502)(C)r5) 4. CiN1P14‘"-e- 1464-a0496A-ots 8. Impact Analysis 4-502(E1 9. Land Suilabiiity Analysis 4-502(D) 10. Lighting Plan consistent with standards in 7-305(3 11.Visual Analysis 12. Final Engineering Reports and Plans a) Streets, tra Is, walkways and bikeways 14 Engineering design and construction features for any bridges, culverts or other groundwater drainage strictures to be constructed marked "approved for construction' c) Identification and rn tigation of geoloalc hazards c) Final sewage collection and water supply and distribution systems plans. if approval from the Colorado Departmen: of Public Health and Envirorrnent PCDPHE} is required for these systems, such approval snail be ter'dered as pail of this submittal e) Erosion and Sediment Cortrol Plan 4-502(4) f) Final documents dennons:rating legal water inclucirg but not lirrited to approved we I perm ts, auarnenla:ion plans, substitute water supp y •tans from a water conservancy district _ g) A prov high v access • -units ti the Colorado De mentofTrainsieitat.n, if apolicable hl Iriprovements Agreement including final cast estimates for p..ibl c imp-ovemenls, Covenants and Restrictions and By-laws, Articles of incorl,oration for the H0A i) The applicable Final Plat certifications Co be found in the Workbook in the Building and Planning Department) which include listing all mortgages, liens Odgments, easements, contacts, and agreements of record regarding :he land to be platted. The Board of County Commissionees may requ re, at its discretion, that the holders of such mortgages, hens, judgments, easements, contracts or ogr^ements shall be required to join in and approve the application for Final Plat approval before such Final Pat is accepted for review All other exceptions from title shall be delineated. These certifications are found in the Workbook in the Build ng and Planning Deparment (Resolution 2010-26). Stephens Parcel rted Mountain Civil, Inc. Jan 2011 impacts are discussed in the Red Mountain Civil, Inc, report which states that the "increased imperviousness would create a potential increase in 25 -year runoff of 2.4 C.F.S. This can be easily detained in a small, shallow pond." Where is the pond to be located, what are the specifications for the pond - this cost would need to be included in the Improvements Agreement. a. Response: The anticipated drainage improvements are now shown. The only culvert foreseen is the driveway culvert which will be coordinated with County Road and Bridge when the driveway permit would be applied for. The Red Mountain report goes on to say that "a further look into the drainage is warranted as this is based upon a reasonable yet conceptual plan for the parcel." When would you propose to comply with this recommendation from your engineer? b. Response: Our understanding is if the language is on the plat and the approved application then it is the County's position that drainage recommendations must be complied with or a re -submitted drainage plan and report from a Licensed Engineer. Therefore the compliance with drainage recommendations, commitment to the basic drainage controls noted is implied. We are now showing a proposed location for surface features, again conceptual. 11. Does the current site have a Driveway Permit from Road and Bridge? Will an additional driveway permit be required for the new lot? a. Response: No permit has been applied for as it has not been determined when construction would begin or by whom. Costs for Sitework (estimated as of 2011) Driveway Culvert = $2,000 CONCLUSION We respectfully request approval of this application. At this time the Stephen's do not have immediate plans to begin construction and request the requirement for security be waived. We are fully committed to following all building permit application requirements whenever this would be initiated. Respectfully submitted, Rick L. Barth, P.E. 36749 Red Mountain Civil, Inc. Silt, CO 816521970-876-7137 L-110125-costs.doc 1111 in WI:1OW OK 11111 Reception#: 795877 12!1612010 12:07:40 PM Jean 11berico 1 of 1 Rao Fee:$11.00 Doc Fee:0.00 f RFIELD COUNTY CO STATEMENT OF AUTHORITY Attachment #1 Pursuant to C.R.S. §3B-30-172, the undersigned executes this Statement of Authority on behalf of VAvne,5 4n,4 j'eg-n St-tic/114.45 a ; ,' (corporation, limited liability company, genera 'partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other); an entity other than an individual, capable oft h ming title to real property (the ''Entityrr), and states as follows: The name of . the Entity is file SttmEs * eQyj � e� syy� gar et� 1. 1, w and is formed under the laws of Colt Y6_4o 1-4ru5[ The mailing address for the Entity is gskk•ly 0Ia Stiort The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is m,Ae R. Ste_p hens 4mi-or -Seams . S-ep htnc The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows: N Yt e (6L Qoekttil Bcaxi f i (if no limitations, insert "None") Other matters concerning the manner in which the Entity deals with any interest in real property are: (if no other matter, leave this section blank) 71, EXECUTED this Jr.,/ day of dje_G e s r , 2$ Signature: Name(typed or printed: Title (if any) : STATE OF C Q,[ G F- I\.P o )SS. COUNTY OF &\ 9 L h� 2 The foregoing instrument was owledged be T.-76 c F t -'J $ rt. , 20 .-. ',1lsll.. 11.1 I--4- l •Witness my hand and .f ti.+ri�d1 seal. # My commission expire i ' Q, 2,1 t t��(P.d r •O ; [SEAL] UBI,' N?% e me this i 7 day of , on behalf of w (Notary P January 25, 2011 Kathy Eastley, AICP Garfield County Planning Department Sent via: Knight Planning Services Attach. .nt #2 tom❑ MoLNruN Ova., Inc:. Re: Engineers opinion on costs and response to December 15 letter from County Review, CPPF6619 Dear Kathy, Please accept this letter as Red Mountain Civil's response for the various civil related issues noted in your letter from December. For convenience, I have reprinted the relevant civil items below with our response. 4. Proposed public improvements associated with this subdivision include a culvert and the water distribution system (to get the water from the shared well to the proposed property line of the proposed lot), including water storage. Engineered drawings and cost estimates for these improvements are required (§5-501 L.12. (b)., along with a draft improvements Agreement and proposed security to assure construction of the improvements (§5-501 L.12.(h)). a. Response: An engineering plan is now provided. At this point we would like to stress the conceptual nature of such plans at this point. The Stephen's have yet to decide if they will build or sell the lot awaiting to see the results of feasibility and county approvals. Likewise, we object to the request to provide security at this point as there is no plan to begin construction in the immediate future and it seems all elements requested herein are suitably reviewed in the building permit process. Furthermore, it would appear the only potential "public" improvement would be the driveway culvert. The water system is merely a shared well agreement. 5. If applicable, easements for utility distribution (electric, gas, water distribution, ditches, etc) must be legally described on the plat and conveyed to a Homeowner's Association or proper entity at final plat. Further discussion is necessary regarding the ditches - perhaps notation of the water elements (book and page) would suffice or creation of formal easements based upon the current location of the facilities. a. Response: No easements are anticipated at this time. Water is internal with the easement from the well to the property boundary shown. A propane tank will be set and electrical service only, which does not require an easement. Due to the sites adjacency to County road # 150, a utility easement is not necessary. 9. The application states that "one culvert will be the only necessary drainage improvement" - how is that determined if there is no drainage plan? Drainage L-110125-casts.dpc COLORADO GEOLOGICAL SURVEY SUBMITTAL FORM FOR LAND -USE REVIEWS County Garfield Project Name Stephens Subdivision Date 01-20-2011 APPLICANT (or Applicant's Authorized Representative responsible for paying CGS -review fee) Name James and Jean Stephens Revocable Living Tr Address .1255 County Road #151 Gypsum, Colorado 81637 Ph. No. (970) 524-9342 Fax No. Attachment #3 U a. arr14=la Sections) 2 3 Township 3 Range 8 7 Dec Lat Dee Long FEE SCHEDULE (effective June 1, 2009) Reviews for Counties Small Subdivision (> 3 dwellings and < 100 acres) $950 Large Subdivision ( 100 acres and < 500 acres) $1,550 Very Large Subdivision (500 acres or mare)$2,600 Very small residential subdivisions (1-3 dwellings and < 100 acres) $600 Reviews for Municipalities At hourly rate of reviewer Special Reviews At hourly rate of reviewer School Site Reviews $855 CGS LAND USE REVIEWS Geological studies are required by Colorado counties for all subdivisions of unincorpo- rated land into parcels of less than 35 acres, under State statute C.R.S. 30-28-136 (1) (i) (Senate Sill 35, 1972). Some Colorado municipalities require geological studies for sub- division of incorporated land. In addition, local governments are empowered to regu- late development activities in hazardous or mineral -resource areas under C,R,S. 24-65.1- 101 et seq. (House Bill 1041,1974) and C.R.S. 34-1-301 et seq. (House Bill 1529, 1973), respectively. Local -government agencies submit proposed subdivision applications and supporting technical reports to the Colorado Geological Survey ".,.for evaluation of those geologic factors which would have significant impact on the proposed use of the land," in accor- dance with State statutes. The CGS reviews the submitted documents and serves as a technical advisor to local -government planning agencies during the planning process. Since 1984, the CGS has been required by law to recover the full direct cost of perform- ing such reviews. The adequate knowledge of a site's geology is essential for any development project. It is needed at the start of the project in order to plan, design, and construct a safe devel- opment. Proper planning for geological conditions can help developers and future owners/users reduce unnecessary maintenance and/or repair costs. Colorado 13e0epiCa1 Sar. y. 1815 She reen SNeel, Roans 715, Demur. COM ' Ph: 303-50C.2811, Fax 3534305,2461 to a'lfaeoevnay.atate.ca0a created 3116106. revised 4'23 O9 Knight Planning Services From: Brad Higgins [Brad. Higgins©eaglecounty.usj Sent: Wednesday, December 15, 2010 2:32 PM To: kps@vall.net Subject: proposed lot on 7W road Hi Terrill; Attachment #4 Eagle and Garfield county share jurisdiction on the road that accesses this lot. In Eagle County it is known as Sweetwater road, from the Colorado River road to the county line... (6.5 mi) at which point it becomes Garfield County road # 151. We maintain our own portions in the summer, with Eagle county helping with snow plowing to Sweetwater lake in the winter. The 7W road that leads to the lot in question is all Garfield County's responsibility. 1 reviewed the proposed lot re -configuration with Jenna from your office and l see no impact or issues with the Sweetwater road through Eagle County. Please call with any questions 328-3541 Thanks, Brad 12115/2010 COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 Sherman St., Ste 821, Denver, CO 80203 Main. (303) 866-3581 Fax 136318&6-2223 dwrpemt tsoolmelv)stale-co.us CHANGE IN OWNER NAME/ADDRESS CORRECTION OF THE WELL LOCATION Rolm instructions on the re►er.e aide 11 it,r to completing the form. Name, address and phone of person claiming ownership of the well Demi Name(s) Jaynes H. Stephens Mailing Address 1255 County Road #151 City St Zip Gypsum, CO 81637 Phone 9707524-9342 Email Address. lot 1)llicc l Chill PFCEIVED MAR U 1 Z012 WATER M1.ESOURCE STATE ENGINEFR rOLc,i This form is Bled by the named individuatfentity claiming that they are the owner of the well permit as referenced below This filing is made pursuant to C R.S 37-90-143 ygt,tj OC.ATION. Well Permit Number 2f3032 Receipt No Case Number County Garfield Well Name or # (optional) 1255 County Road #151 - Gypsum. CO 81637 (Address) NE 1r4 of the SW 114. Sec 23 Twp 3 (City) (Slate) (Zip) N or ix S Range 87 _ 1:1E orW W Sixth _ P M Distance from Section Lines 1000 Ft From N orx S . 1700 FI Romp E or B W Line OR GPS well location information in UTM format You must check GPS unit for required settings as follows Formai must be UTM zone 12 or zone 13 Uniis must be meters. Datum must be NAD83, Unit must be set to tnie north Northing basting Subdivision Name _ Lot Bloc , Fding/Unit The above listed owners) say(s) that he. she (they) own the well permit described herein The existing record is being amended for the following reasons II Change in name of owner ❑ Change in mailing address ❑ Correction of location for exempt wells permitted prior to May 8. 1972 and non-exempt wells permitted before May 17. 1965 Please see the reverse side for further information regarding correction of the well location _ 1 (we) claim and say that 1 (we) (am) (are) the owner(s) of the well permit described above, know the contents of the statements made herein. and state that they are true to my (our) knowledge — -. — {signing print name & t<fle Date (mm/dd/yyyy) • ) ti I E r_a_.. l 02)2712012 It is the responsibility of the new owner of this well permit to Corr tete and/or sign this fq i If an agentis signing or entering information ease see instructions. Please send confirmation of acceptance of change in owner name/address via Ef Email address listed above US Mail Sign or enter the name(s) of the new owner(s) The James and Jean Stephens Revocable Living Trust Stale Engineer ACCEPTED AS A CHANGE OF OWNERSHIP Af4DlfR illgll,!11Ii::tllr7}7Fyc 13y j Date Gt FIELD COUNTY TREASI ER Certificate of Taxes Due Account Number R300131 Parcel 186323200089 Assessed To STEPHENS. JAMES & JEAN REVOCABLE I.IVING TRUST 1255 COUNTY ROAD 151 GYPSUM, CO 81637-9415 Certificate Number 2009008635 Acres 35.001 Order Number Vendor ID GARFIELD COUNTY PETTY CASH 108 8TE 1 STREET FINANCE DEPT. GLEN WOOD SPRINGS, CO 81601 Legal Description Section: 23 Township: 3 Range; 87 PARCEL. 4113 A PARCEI. OF I. AND IN THE NW ]1.4 & TI lE N1i2SW1/4 CONT. 36.001 AC. Situs Address 001255 151 COUNTY R D, 0 012 5 5 SWEETWA'I'ER COW CAMP RD Year 2010 Charges Tax Billed 51,159.48 Payments $1,159.18 Balance $(1.00 Gland Total Due as of 10/28/2011 s0.00 Tax Billed at 2010 Rates fol Tax /Lea 093 -J-50G - 093 .\ l]loi itV GARFIELD COUNTY GARFIELD COUNTY - ROAD & 13 GARFIELD COUNTY - SOCIAL SE COLO RIVER WATER CONS SCHOOL. DISTRICT 50-J SCHOOL DISTRICT 50-3 - BOND COLORADO MTN COLLEGE GYPSUM FIRE PROTECTION D1ST GARFIELD COUNTY PUBLIC L1BR 'Faxes Billed 2010 * Credit Levy Mill Levy 11.4530000 1.4680000 0.7340000 0.1880000¢ 14.6890000 4.7850000 3.9970000 6.8330000 0.8640000* Amount Values $295.02 $37.82 $18.91 54.84 $378.39 $123.26 $102.96 5176.02 522.26 45.0€ 10000 51,159.48 GRAZING LAND - AGRICULTURAL FARM/RANCH RESIDENCE -IMPS Total Actual Assessed 51,370 5400 5318,610 525,360 5319.980 $25.760 All Tax Lien Sale amounts are subject to change due to endorsement of current taxes by the lienholder or to advertising and distraint warrant fees. Changes may occur and the Treasurer's Office will need to be contacted prior to remittance after the following dates: Personal Property and Mobile Homes - September 1, 2011, Real Property - September 1, 2011. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. Special taxing districts and the boundaries of such districts may be on file with the Board of County Commissioners. the County Clerk, or the County Assessor. This certificate does not include land or improvements assessed under a separate account number, personal property taxes, transfer lax or misc. tax collected on behalf of other entities, special or local improvement district assessments or mobile homes, unless specifically mentioned. 1, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof, I have hereunto sat my hand and seal. TREASURER, GARFIELD COUNTY GEORGIA CHAMBERLAIN 109 8th Street, Suite 204 Glenwood Springs CO. 81601 Oct 28, 2011 1:18:27 PM Page 1 of 1 Recei pt2011-10-28-CB-9922 Product 2 Certificate of Taxes Due CERT REVENUE WORKING FUND DUE TO FUNDS Name Certificate of Taxes Due R300131 Garfield County ' surer 109 8th Street Suite 204 Glenwood Springs CO 81601 PH: (970) 945-6382 Extended $10.00 Account #: R300131 Effective Dale: 10!28111 Cenficate Number: 2009008035 Item ED: R300131/ ($10.00) $10.00 $10.00 Total $1000 Tender (Check) Check # 1570 GARFIELD COUN 1 Y Fri Oct 2813:18:27 MDT2011 cbaker 510.00 Thank You 1 Garfield County Treasurer Statement Of Taxes Due Account Number R300131 Acres 35.001 Assessed To Parcel 186323200089 - 00- STEPHENS, JAMES & JEAN REVOCABLE LIVING TRUST 1255 COUNTY ROAD 151 GYPSUM. CO 81637-9415 Legal Description Situs Address Section: 23 Township: 3 Range: 87 PARCEL #1B A PARCEL OF LAND 1N THE NW1/4 & THE N112SW 114 CONT. 001255 151 COUNTY RD,001255 36,001 AC. SWEETWATERCOW CAMP RD Year 2010 Charges Tax Billed $1,159.48 Payments 51,159.48 Balance $0.00 Grand Total Due as of 10/20/2011 $0.00 Tax Billed at 2010 Rates for Tax Area 093 -J-50G - 093 Authority GARFIELD COUNTY GARFIELD COUNTY - ROAD & B GARFIELD COUNTY - SOCIAL SE COLO RIVER WATER CONS SCHOOL DISTRICT 50-J SCHOOL DISTRICT 50-) - BOND COLORADO MTN COLLEGE GYPSUM FIRE PROTECTION DIST GARFIELD COUNTY PUBLIC LIBR Taxes Billed 2010 * Credit Levy Mill Levy 11.4530000 1.4680000 0.7340000 0.1880000* 14.6890000 4.7850000 3.9970000 6.8330000 0.8640000* Amount Values $295.02 $37.82 $18.91 $4.84 $378.39 $123.26 $102.96 $176.02 $22.26 45.01 1 0000 $1,159.48 GRAZING LAND- AGRICULTURAL FARM/RANCH RESIDENCE -IMPS Total Actual $1,370 Assessed $400 $318,610 $25,360 $319,980 $25,760 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - SEPTEMBER 1, 2011, REAL PROPERTY - SEPTEMBER 1, 2011. TAX SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. Garfield County Treasurer P.O. Box 1069 Glenwood Springs, CO 81602-1069 (970) 945-6382 Garfield County 1111 i'l1�I�t��1�1 �1�i1ll:�l��_ 111! I Reception#: 733113 09114/2007 12:55:45 PM Jean Rlberico 1 of 3 Rea Fee:516.00 Doc Fee:0_00 GARFIELD COUNTY CO SPECIAL WARRANTY DEED Parsons Family, LLC, Grantor, whose address is P.O. Box 497, Edwards, Colorado, 81623, for the consideration of Ten Dollars and other good and valuable consideration, in hand paid, hereby sells and conveys to James and Jean Stephens Revocable Living Trust, Grantee, whose address is 1255 County Road 151, Gypsum, Colorado, 81637, the following real property in the County of Garfield and State of Colorado, to wit: Parcel 1 A PARCEL OF LAND SITUATED IN THE SE1 /4NW1 /4 AND THE NE1 /4SW1 /4 OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 23, A GLO BRASS CAP IN PLACE; THENCE S67°2714€7"E A DISTANCE OF 2,323.08 FEET TO THE POINT OF BEGINNING; TI IENCE NI4' 14'40"W A DISTANCE OF 1,004.88 FEET TO A POINT IN AN EXISTING DITCH; THENCE S53°2253"E ALONG SAID DITCH A DISTANCE OF 6.98 FEET; THENCE CONTINUING ALONG SAID DITCH S63°30`03'=E A DISTANCE OF 56.03 FEET; THENCE CONTINUING ALONG SAID DITCH S74°35'43"E A DISTANCE OF 78.71 FEET; THENCE CONTINUING ALONG SAID DITCH S67°03'21 "E A DISTANCE OF 26.95 FEET; THENCE CONTINUING ALONG SAID DITCH S35°49'03"E A DISTANCE OF 28.21 FEET; THENCE CONTINUING ALONG SAID DITCH S44°40'43"E A DISTANCE OF 89.06 FEET; THENCE CONTINUING ALONG SAID DITCH S08°11'49"E A DISTANCE OF 200.79 FEET; THENCE CONTINUING ALONG SAID DITCH S02° 18`43"E A DISTANCE OF 127.21 FEET; THENCE CONTINUING ALONG SAID DITCH S19°0340"W A DISTANCE OF 75.59 FEET; THENCE CONTINUING ALONG SAID DITCH S08°42`40"E A DISTANCE OF 205.50 FEET; THENCE CONTINUING ALONG SAID DITCH S01°35'42"W A DISTANCE OF 85.05 FEET TO THE INVERT IN OF AND EXISTING PIPE; THENCE LEAVING SAID DITCH S10°1248"W A DISTANCE OF 143.30 FEET Survey Description Prepared By High Country Engineering, Inc. Page 1 of 3 .AFTER RECORDING, R.F rt1RN r0: John R Scheni, P.C. P,O. ]tux 945 Gknvood Springs, CO Won .4 1141 i" 111 fi,rrHIAV>tON ' r Lid 111'>I 1111 Reception#' 733113 09/14/2007 12:58:45 PM dean Rlberioa 2 of 3 Rec Fee.S16.00 Doc Fee•0.00 GARFIELD COUNTY CO TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 2,639 ACRES, MORE OR LESS. Parcel No. 2 A PARCEL OF LAND SITUATED IN THE NE1 /4SW1 /4 OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 23, A GLO BRASS CAP IN PLACE; THENCE S67°27140"E A DISTANCE OF 2,323.08 FEET TO THE POINT OF BEGINNING; TFIENCE 541 °32'25"E A DISTANCE OF 226.42 FEET; THENCE 519°10'04"E A DISTANCE OF 104.71 FEET; THENCE S24°49'36"E A DISTANCE OF 227.92 FEET; THENCE S01°52'170W A DISTANCE OF 27.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF- WAY OF COUNTY ROAD NO 151, AS DEFINED IN THE ROAD VIEWERS REPORT SHOWN ON MAP NO. 1124 OF FICHE NO. 00271 IN THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE S56°05'59"W ALONG SAID RIGHT -OF WAY A DISTANCE OF 59.40 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N25'37'0l"W A DISTANCE OF 72.84 FEET; THENCE CONTINUING ALONG SAID RIGHT- OF-WAY N59°25`01 "W A DISTANCE OF 110.81 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N68°46'04"W A DISTANCE OF 297.16 FEET; THENCE LEAVING SAID RIGHT-OF-WAY N26°51'35"E A DISTANCE OF 256.75 FEET; THENCE N32'43`19"E A DISTANCE OF 39.52 FEET; THENCE N40°04'30"E A DISTANCE OF 56.67 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 2.375 ACRES, MORE OR LESS. with all its appurtenances and warrant the title against all persons claiming under it as Grantor. SIGNED this 7 ti1/4" day of Id? ., •Y`CJI/ 2007. }^Amo•••.lssm Tu..,.. e.y"...r. Pageof Survey Description Prepared By i tigh Country Engineering, Inc. Parsons PamiIy, LLC By: 2I £ 7�- l•�.. Alice L. Parsons, Manager AFTER RECORDING, RETURN TO. john R. Scher* P -C - p.0 -Du. 445 Glcnwcod Springs, CU SI 6U2 11111'' KEIVINNIA LOINICICIVI Viii 111!1 R.ceptiol#: 733113 09/1412007 12:59:46 FM Jean R1berion 3 of 3 Reo Fee:118.00 Dao Fee20.0O GARFIELD COUNTY CO MTH OF CO ORA O COUNTY ) ss. The foregoing instrument was acknowledged before me this 2007, by Alice L. Parsons as Manager of the Parsons Family, LLC, WITNESS my hand and official seal. My commission expires: { sOTAItw y Noe ''%G, OF. My Omission & ires 1/13/2011 Pm,. .VWv•w...��aw ....c.N Survey Description Prepared By High Country Engineering, Inc. Page 3 of 3 AFTER RECORDING, RETURN TO: john R. Schenk P.0 P.0 Ras 945 Glrnscond Springs, Cr} R3682 Page 1 of 2 Permit Constructed Receipt: Permit #: Well Name / #: Designated Basin: Case Number: WDID: 95022?% 263032 - Division: Water District: County: Management District: 5 53 GARFIELD He1P ] Last Refresh: 1/7/201012:61:55 AM [-) Applicant/Owners History Date Range Unknown • Present Applicant/Owner Name STEPHENS JAMES 11 Address 1255 COUNTY ROAD 151 City/State/Zip GYPSUM, CO 81637- (-] Location Information Approved Well Location: Q40 Q160 Section Township NE SW 23 3,05 Range PM Footage from Section Lines 87.OW Sixth 1800 s 1 /09 W Northing (UTM y): 440.5084.5 Lasting (UTM x): 317429.0 Location Accuracy: Spotted from section lines Physical Address City/State/Zip Subdivision Name JAMES STEPHENS Filing Block Lot 10 Parcel ID: 23-1863-232-00-089 Acres in Tract: 36 [-] Permit Details Date Issued: 04/28/2005 Use(s): DOMESTIC Special Use: ISSUED UNDER PRESUMPTION 3b -IIA Area which may be irrigated: 1 ACRES Maximum annual volume of appropriation: Statute: Permit Requirements: Totalizing Flow Meter No Cross Reference Permit(s): Date Expires: Aquifer ALL UNNAMED AQUIFERS (s): Geophysical Log Abandonment Report No Yes Permit Number Receipt Description ;3'I189 -MH - 00341:39 Comments:Permit to use existing well, X -refer permit no. MH -34189. Only well on 36.001 acre tract. Applicant states #209354 (EP), was constructed, no og in file & needs plugged. Limit use to 3 SFD, 1 acre fawn & garden irrg & water domestic animals. Tax #8300131. (-] Construction/Usage Details Well Construction Date: 08/27/1998 Well Plugged: Pump Installation Date: 1st Beneficial Use: http://www-dwr.state.co.us/WellViewWeb/View.aspx?receipt=9502228 1/7/2010 RECEIPT/INVOICE Garfield 'County 108 8th Street Suite 401 Glenwood Springs, CO 81601- Plione: (970)945-8212 Fax: (970)384-3470 Applicant Stephens, James & Jean Revocable Stephens, James & Jean Revocable 1255 Cr 151 Gypsum, CO 81637 Return to: Invoice Number: !NV -10-10-20590 Invoice Date: Pian Case: 10/12110 Sub Comh❑ Pre Plan and Final Plat App, CPPF-10-10-661; Garfield County 108 8th Street Suite 401 Glenwood Springs, CO 8160 Fee Name Memo: Fee Type Fee Amount Comb Pre Plan and Final Plat A Date Pay Type Fixed $1,075.00 Total Fees Due: $1,075.00 Check Number Amount Paid Change 10/12/2010 Check 4497 Total Paid: $1,075.00 Total Due: $0.00 JEAN G STEPHENS JAMES H STEPHENS 1255 COUNTY RD 161 PH, 970-524-9342 GYPSUM, CO 81637 PRY to the Order of 4497 82-24007p Frnr kF� Bank of Colorado, f GIENW00375PRINGS,COWRAnO•�inknFroirxado.cm3 TELEPANK F.600.295.6679 1 0 Li E3 _Lh1Q � Colum Q • Wednesday, October 13, 2010 PAY TO THE ORDER OF GARFIELD COUNT' PETTY CASH SYSTEM 108 8TH STREET, FINANCE DEPARTMENT GLENWOOD SPRINGS. CO 81601 (970) 945-1377 Garfield County Treasurer Alpine #ink AO. aur 166179, 2266 61 Oh wond 8prrnpr, corn �P If Ilk-® �(976} 945.1424 • MpN1v ln.. -,nn#170) e4,34413 82-340-1021 10/28/2011 $ '"`10.04 Teri and 00/100***********•**.*********, ************•*•*******, **************************,***********************************a Garfield County Treasurer KJ 1670 DOLLARS MEMO AUTHORIZED SIGNATURE B&P Technical Services MINNINIMPIIIMINIPPRIMPFIPPIPPPIPI GARFIELD COUNTY PETTY CASH SYSTEM Garfield County Treasurer 1670 10/28/2011 BRP Technical Services 10.00 -Coy,cr2��, c�v�,�- � err' hop( -�` - � S--/A6,,,(t/Lics r� Accounting Petty Cas B&P Technical Services 10.00 GARFIELD COUNTY PETTY CASH SYSTEM Garfield County Treasurer B&P Technical Services 10/28/2011 1670 10.00 Accounting Petty Cas B&P Technical Services 10.00 PHO[7LICF OLTl OA USE Wrod 81e9 ENVELOPE MCBEE To Reorder 1-9RO-6E2-2333 or www.mcbee c.cOm PRIMO] IN LfS.A A