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HomeMy WebLinkAbout3.0 BOCC Staff Report 08.04.2003PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW: SUMMARY OF REQUEST: APPLICANT: REPRESENTATIVE: LOCATION: EXISTING ZONING: ADJACENT ZONING: WATER: SEWER: ACCESS: BOARD — 8/4/03 TP Radimo, Ltd. / McBride Subdivision Exemption The Applicant requests an exemption from the rules of subdivision to subdivide approximately 239 acres of land into three (3) parcels. Radimo, Ltd. and John McBride Balcomb and Green, P.C. The subject property is located approximately 2 miles east of Rifle, on Highways 6 & 24. A/I (Agricultural / Industrial) A/R/RD (Agricultural/ Residential / Rural Density) and A/I Individual wells Individual Sewage Disposal System (ISDS) Shared access off of Highways 6 & 24 I. DESCRIPTION OF THE PROPOSAL: A. Development Proposal: The Applicant proposes to subdivide approximately 239 acres of land into three (3) parcels consisting of the following approximate lot areas: 1. Parcel A — 2 acres 2. Parcel B — 25 acres 3. Parcel C — 211 acres B. Site Description: The property has two very distinct benches. The upper bench of the property is fully vegetated primarily with sage brush and cottonwoods. Proposed Parcel A is improved with a one -bedroom earthen structure / dug out that has been build into the hillside overlooking the irrigated meadows of proposed Parcel C and the Colorado River. Parcel A is fairly flat, except for the dug out. A Building Permit (#6587) was issued in 1998 for the construction of the dug out (see Exhibit M). • • Radimo Ltd. Subdivision Exemption BOCC — 8/4/03 Page 2 The upper portion of Parcel B is improved with a log home and various outbuildings. The lower portion of Parcel B is improved with a hay barn and a corral. Staff understands that the log home was on the subject property at the time the Applicant purchased the property in 1977. The Applicant indicated, although no documentation was provided, that the log home was constructed prior to zoning in the area, which in the Rifle area was in 1973, therefore, the log house may be considered pre-existing legal non -conforming. Parcel C, is the remainder of the property, consists primarily of irrigated pastures. Parcel C is only improved with fences. There are existing roads within the property that service the existing structures and provide access to the irrigated pastures on the lower portion of the property. The property has been used for recreational and agricultural purposes. C. Zoning: The request meets the A/I zoning requirements on the proposed new lots. A minimum lot area of 2 acres is required in the A/I, which the proposed lots meet. A single family dwelling and agricultural uses are uses by right in the A/I zone district in accordance with section 3.01.01 of the Zoning Resolution. D. Relationship to the Comprehensive Plan: The subject property is designated on the "Proposed Land Use Districts, Study Area 2 & 3" map in the Garfield County Comprehensive Plan of 2000, as "Outlying Residential" and as "privately owned lands with site specific uses limitations such as flood plain, slope hazard, septic constraints, or surficial geology (mud flow, debris fan) to be evaluated at plan review". The recommended density in the Outlying Residential designation is consistent with the underlying zoning, which in the case of the A / I zone district is a minimum lot area of 2 acres. The three parcels are greater than 2 acres. E. Adjacent Land Uses: Similar agricultural uses and sparse residential land uses surround the site. F. Road/Access: All of the proposed three lots will take access off of Highways 6 & 24 over the Denver & Rio Grande Railroad right-of-way via an existing driveway. G. Applicability: Section 8:10 of the Subdivision Regulations allows the Board of County Commissioners (Board) the discretionary power to exempt a division of land from the definition of subdivision and, thereby, from the procedure in Sections 3:00, 4:00 and 5:00, provided the Board determines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. II. REVIEW AGENCY AND OTHER COMMENTS: • • Radimo Ltd. Subdivision Exemption BOCC — 8/4/03 Page 3 The application was referred to the following agency (ies) for comments. Comments that were received have been integrated throughout this memorandum where applicable. A. City of Rifle: Exhibit J B. Town of Silt: No comment. C. Rifle Fire Department: No comment. D. RE -2 School District: No comment. E. Garfield County Road and Bridge Department: Exhibit H F. Garfield County Vegetation Management: Exhibit I G. Colorado Department of Transportation: No written comments. III. REVIEW CRITERIA FOR SUBDIVISION EXEMPTION (SECTION 8:00) The Board has the discretionary power to exempt a division of land from the definition of subdivision, and thereby, from the procedure in these Regulations, provided the Board determines that such exemption will not impair or defeat the stated purpose of Subdivision Regulations nor be determined to be detrimental to the general public welfare. The Board shall not approve an exemption unless the Applicant has satisfied the following criteria: A. "No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973, and is not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad) or natural feature, preventing joint use of the proposed tracts, and the division occurs along the public right-of-way or natural feature, such parcels thereby created may, in the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable; For the purposes of definition, all tracts of land thirty-five (35) acres or greater in size, created after January 1, 1973, will count as parcels of land created by exemption since January 1, 1973." Response: According to section 8:42(H) of the Subdivision Regulations, "it shall be demonstrated that the parcel existed, as described on January 1, 1973, or the parcel, as it exists presently, is one (1) of not more than three (3) parcels created from a larger parcel, as it existed on January 1, 1973." Copies of the deeds and the deeds by which their predecessors took title before January 1, 1973, were provided with the application. In 1973, the subject property contained approximately 226 acres. For the purpose of this application, the 226 acres will be referred to as the "Ranch". In 1977, as a result of a Notice of Public Sale of Real Estate (see Exhibit L), the subject property increased in size to approximately 239 acres. The Deeds indicate • • Radimo Ltd. Subdivision Exemption BOCC — 8/4/03 Page 4 that no parcels had been split from the Ranch, the 226 acres, since January 1, 1973, and that the tract of land was larger than 35 acres at that time. As indicated above, in 1977, the Board of County Commissioners, pursuant Resolution No. 77- 31 (see Exhibit L), authorized the sale of approximately 13.60 acres (Lot 2, Section 12, T6S, R93W) to John McBride in order to return the property to the tax rolls for the County. For the purpose of this application, the 13.60 acres of land will be referred to as "Lot 2". Lot 2 is represented in the illustration to the right as red. According the Applicant, the Deed for this property was inadvertently not recorded until 2002, at Reception No. 612399. As part of the Deed, for Lot 2, the following restriction / covenant was included in the title of the Lot 2, Section 12, T6, R93W of the 6th P.M.: "Said party of the second part will not sell, convey, lease, devise or otherwise transfer title to said property separate from the lands lying contiguous thereto presently owned by said party of thefirst,part and described in Document No. 277090-1-2-3 of the records of Garfield County Clerk, without first complying with the requirements of the Subdivision Regulations of Garfield County Colorado than in effect, for the subdivision of real property." The Applicant has applied, pursuant to Section 8:00 of the Garfield County Subdivision Regulation for an Exemption from the Definition of Subdivision. Pursuant to section 8:10 of the Subdivision Regulations [Applicability of Exemption]: The Board of County Commissioners has the discretionary power to exempt a division of land from the definition of subdivision and, thereby, from the procedure in these Regulations, provided the Board of County Commissioners determines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The Board has determined that leases, easements and other similar interests in Garfield County owned property, land for oil and gas facilities, and an accessory dwelling unit or two family dwelling that are subject to leasehold interest only and complying with the requirements of the Garfield County Zoning Resolution, are exempt from these regulations. (2000-52) ..4/ :., / e:,.. ---------. I -t• PARCELS SEE DETAIL AH 4' The Applicant has applied, pursuant to Section 8:00 of the Garfield County Subdivision Regulation for an Exemption from the Definition of Subdivision. Pursuant to section 8:10 of the Subdivision Regulations [Applicability of Exemption]: The Board of County Commissioners has the discretionary power to exempt a division of land from the definition of subdivision and, thereby, from the procedure in these Regulations, provided the Board of County Commissioners determines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The Board has determined that leases, easements and other similar interests in Garfield County owned property, land for oil and gas facilities, and an accessory dwelling unit or two family dwelling that are subject to leasehold interest only and complying with the requirements of the Garfield County Zoning Resolution, are exempt from these regulations. (2000-52) • • Radimo Ltd. Subdivision Exemption BOCC — 8/4/03 Page 5 As noted above, the Board of County Commissioners shall make a determination as to whether the proposed Exemption impairs or defeats the stated purpose of the Subdivision Regulations, based on Resolution No. 77-31 and the restriction / covenant that was imposed on Lot 2, which states that the said land, Lot 2, shall not be sold, leased, conveyed separately from the lands lying contiguous, proposed Parcel C, without of first complying with the requirements of the Subdivision Regulations. As noted above, the Applicant does not request the separation of Lot 2 from proposed Parcel C, the lands lying contiguous to Lot 2, but is requesting an Exemption from the Definition of Subdivision, to divide entire Ranch into three parcels. In 1977, John McBride purchased the Ranch from Stephen and Gail Price (see Exhibit N). Between 1977 and 2000, John McBride Quit Claimed the Ranch to The McBride Family Partnership, Ltd. Lot 2 continued to remain under the ownership of John McBride, however, in 2000, when the McBride Family Partnership, Ltd. Quit Claimed the Ranch to Radimo, Ltd., Lot 2 appears in the legal description. John McBride, as a result of not recording the Deed for Lot 2 in 1977, transferred title directly to Radimo, Ltd., instead of to The McBride Family Partnership, Ltd., who as noted above, transfer title to Radimo, Ltd. of the entire Ranch including Lot 2. Lot 2 has never been taxed separately since the purchase of the lot by John McBride from the County in 1977. In reviewing the title history for the Ranch and Lot 2, it appears that the Applicant will need to clean up the title to the entire Ranch, including Lot 2, prior to the recording of the Exemption Plat. This may include either the recording of a Quit Claim Deed or a boundary line adjustment. B. All Garfield County zoning requirements will be met. Response: The subject property is located in the A/I zone district which requires a minimum lot size of 2 acres. All three parcels to be created are larger than 2 acres. To staff's knowledge all zoning requirements have been met as part of this application. C. All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained. Response: Access for the three parcels will be off an existing driveway off of Highway 6 & 24, across the Denver and Rio Grande Railroad right-of-way. The Applicant did not provide a copy of a right-of-way license for the existing driveway, therefore, staff can not determine if the right- of-way license allows access over the railroad right-of-way by all three lots. Prior to finalizing the Exemption Plat, the Applicant shall provide a copy of the right-of-way license allowing all three lots access over the railroad right-of-way, or a new license shall be obtained for the new 4 - did ,7104._ o y t- .C{Acto (IL t(c):1-.1 %_t4 ; Q,u 1 t c o \04,1 Gp o-9' • • Radimo Ltd. Subdivision Exemption BOCC — 8/4/03 Page 6 lots as needed. In addition, since all three parcels will utilize the existing driveway, the Applicant shall provide a Shared Driveway Agreement prior to finalizing the Exemption Plat. Written comments were not received from the Colorado Department of Transportation ("CDOT"), however, CDOT verbally indicated that they have no issues with the exemption request as long as the existing driveway onto Highways 6 & 24 is maintained and no additional access points onto Highways 6 & 24 are pursued. D. Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot. �'!C"'" ' r� ..l 5t 04 [1ct u 1/: „ tr 9 -1 CC? $ Response: The Applicant provided with the application existing well permits (Nos. 206255 & 206265) for the existing wells on Parcels A & B. Exhibit K is a copy of Well Permit No. 350904 recently issued for a future well on Parcel C. Well Permit No. 206255 was an exempted well, on a tract of land greater than 35 acres, issued in 1997 to supply water for up to three residences. Well Permit No. 206255 was issued in 1997 for Parcel B, for the purpose of supplying water to one residence. Well Permit No. 350904, recently issued, is also for the purpose of supplying water to one residence. Pursuant to Section 8:42 of the Zoning Resolution, prior to the signing of a plat, all physical water supplies shall demonstrate the following: 1. That a four (4) hour pump test be performed on the well to be used; 2. A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3. The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; 4. A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; 5. An assumption of an average of no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6. If the well is to be shared, a legal, well sharing declaration which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs; 7. The water quality be tested by an independent testing laboratory and meet State guidelines concerning bacteria and nitrates. For water supplies based on the use of cistern, the tank shall be a minimum of 1, 000 Radimo Ltd. Subdivision Exemption BOCC — 8/4/03 Page 7 gallons. Prior to signing the Exemption Plat, it is Staffs opinion that the Applicant shall provide a pump test for the two existing wells, as well as the new well as mentioned above to verify the dependability of the well. In addition, water quality tests shall be conducted to determine quality of water produced by the existing well. The Applicant indicated that sewage disposal for the Parcels will be handled by Individual Sewage Disposal Systems (ISDS). E. All state and local environmental health and safety requirements have been met or are in the process of being met. Response: The Applicant shall comply with all applicable local and state environmental health and safety requirements. F. Provision has been made for any required road or storm drainage improvements. Response: An existing driveway off of Highway 6 & 24 will provide access to the three lots. Since this is an exemption request, street / roadway standards outline in section 9:35 of the Subdivision Regulations are not applicable. As noted previously, CDOT has no issues with the exemption request as long as the existing driveway onto Highways 6 & 24 is maintained and no additional access points on the Highway are pursued. The Applicant did not indicate that storm drainage improvements are anticipated as part of this development. Any improvement shall comply with County regulations as applicable. G. Fire protection has been approved by the appropriate fire district. Response: The subject property is located in and served by the Rifle Fire Protection District. A letter dated April 21, 2003, from Kevin Whelan was submitted with the application (Exhibit K). Mr. Whelan provided the following recommendations: A. Addresses shall be posted where the driveway intersects with Highways 6 & 24. For a shared driveway, the address for each home shall be posted to clearly identify each address. Letters are to be a minimum of 4 inches in height, % inch in width and contrast with background colors. B. Driveways shall be constructed / improved to accommodate the weights and turning radius of emergency apparatus in adverse weather conditions. C. Combustible materials should be thinned from around structures so as to provide a defensible space in the event of a wild land fire. • • Radimo Ltd. Subdivision Exemption BOCC — 8/4/03 Page 8 D. It appears that water supply in the area is limited and fire flow capabilities are likely not to be available to extinguish a fully involved structure fire. The proposal does however meet the District's minimum requirements of having an approved water supply within two miles. 11 Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained. Response: The Applicant has not indicated any need for drainage, irrigation, or utility easements. However, all easements, existing and proposed, must be shown on the Exemption Plat and included on the deeds for the proposed parcels where appropriate. All new utilities shall be buried. 1. School fees, taxes and special assessments have been paid. Response: Is does not appear that there are any outstanding fees, taxes or special assessments associated with the subject property. The Applicant is required to pay the applicable school site acquisition fee, as adopted by the County, for each newly created lot as part of the subdivision exemption process according to the calculations / regulations in effect at the time of submission for approval of the Final Plat. Pursuant to section 8:42(I) of the Subdivision Regulation school fee, taxes and special assessments for each new lot created is $200.00 per lot. IV. ADDITIONAL CONSIDERATIONS FOR SUBDIVISION EXEMPTION (SECTION 8:60) In the evaluation of each petition for exemption, and in addition to the review criteria in Section 8:52, the Board shall consider the following additional considerations. A. General conformation with the Garfield County Comprehensive Plan. Response: The proposal appears to be consistent with the Garfield County Comprehensive Plan. B. Compatibility of the proposed exemption with existing land uses in the surrounding area. Response: The subject property appears to be compatible with the land uses in the surrounding area. The surrounding uses include a residential with customary agricultural uses. C. Recommendations of any municipality within two (2) miles of the proposed exemption, or within three (3) miles, if the municipality has a major street plan. • • Radimo Ltd. Subdivision Exemption BOCC — 8/4/03 Page 9 Response: The subject property is located within the City of Rifle Annexation Boundary. The City of Rifle has no concerns regarding the request (see Exhibit J). D. Recommendations of any state or local agency or organization whose opinion the Board determines is necessary or appropriate. Response: Comments from applicable state or local agencies have been incorporated within this memorandum as appropriate. E. Suitability of soil, water, vegetation, geologic and topographic characteristics of the land for the type of division proposed. Response: According to the soil survey, from USDA Soil and Conservation Service, the soils on the subject property consist of Arvada loam - #3 (1 to 6 percent slopes) and Wann sandy loam - #72 (1 to 3 percent slopes). The interpretation tables for these types of soils can be seen in greater detail in the application. The issue of water and topography has been addressed previously in this memorandum. The application does not address geologic hazards on the subject property. All geologic hazards shall be mitigated accordingly per County regulations. Steve Anthony, Director of Vegetation Management, provided comments which can be seen in more detail in Exhibit I. Mr. Anthony provided the following comments which have been incorporated as conditions of approval: A. The Applicant shall map and inventory the Parcels for any listed Garfield County Noxious Weeds. B. The Applicant shall provide a Weed Management Plan that is specific to the inventoried noxious weeds. Staff is of the opinion that Weed Management shall be on-going on the property, thus shall be so noted as a plat note on the Exemption Plat. F. Number of lots and/or multiple -dwelling units created by the proposed exemption. Response: The Applicant is proposing three lots, thereby allowing for one more exemption lot in the future. Both Parcels A & B are already improved with various structures. Accessory dwelling units require special use approval. • • Radimo Ltd. Subdivision Exemption BOCC — 8/4/03 Page 10 G. Provision for open space within the proposed exemption. Response: No open space is proposed as part of this exemption request. H. Proposed density and provisions for adequate off-street parking. Response: All parking associated with the proposed lots will be handled on-site. Covenants and plat notes, restricting the lots to the following: 1. One (1) dog will be allowed for each residential unit within a subdivision and the dog shall be required to be confined within the owner's property boundaries. The requirements shall be included in the protective covenants for the subdivision with enforcement provisions allowing for the removal of a dog from the area as a final remedy in worst cases; 2. No open hearth solid fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid fuel burning stove as defined by C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances; and 3. Each subdivision shall have covenants requiring that all exterior lighting be the minimum amount necessary and that all exterior lighting be directed inward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. Response: The Applicant shall comply with these restrictions. They shall also be included in the Protective Covenants and as plat notes on the Exemption Plat. V. STAFF FINDINGS: 1. Proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. The meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. The proposed exemption has been determined [not] to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. • • Radimo Ltd. Subdivision Exemption BOCC — 8/4/03 Page 11 4. The application has [not] met the requirements of the Garfield County Subdivision Resolution of 1984, Section 8:00, Exemption. 5. The proposed exemption has been determined not [to] impair or defeat that state purpose of the Subdivision Regulations. VI. STAFF RECOMMENDATIONS: Should the Board of County Commissioners determine that the Exemption from the Definition of Subdivision complies with Garfield County Subdivision Regulations, staff recommends that the Board APPROVE the Radimo, Ltd / McBride Exemption, subject to the following conditions: 1. All representations made by the Applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval; 2. The Applicant shall have 120 days to present an Exemption Plat to the Commissioners for signature from the date of conditional approval of the exemption, or an extension of time shall be requested and approved by the Board of County Commissioners prior to the expiration of the 120 days. 3. Prior to the recording of the Exemption Plat, the Applicant shall clean up title on the subject property through either Quit Claim Deeds or a Boundary Line Adjustment. 4. The 1978 Garfield County Zoning Resolution standards shall be complied with. 5. The Colorado Department of Health standards shall be complied with. 6. A Shared Access Driveway Agreement shall be filed with the final Exemption Plat with appropriate signatures. 7. The Applicant shall comply with the recommendations of the Rifle Fire Protection District, as follows: A. Addresses shall be posted where the existing driveway intersects with Highways 6 & 24. For a shared driveway, the address for each home shall be posted to clearly identify each address. Letters are to be a minimum of 4 inches in height, 1/2 inch in width and contrast with background colors. B. Driveways shall be constructed / improved to accommodate the weights and turning • Radimo Ltd. Subdivision Exemption BOCC — 8/4/03 Page 12 radius of emergency apparatus in adverse weather conditions. C. Combustible materials should be thinned from around structures so as to provide a defensible space in the event of a wild land fire. 8. Prior to finalizing the Exemption Plat, the Applicant shall provide a copy of the Denver and Rio Grande Railroad right-of-way license allowing all three lots access over the railroad right-of-way, or a new license shall be obtained for the new lots as needed. 9. Prior to finalizing the Exemption Plat, the Applicant shall provide to the County Vegetation Management Department a map and inventory of any listed Garfield County Noxious Weeds on the parcels. A Weed Management Plan shall be submitted to the County for the inventoried noxious weeds for review and approval by the Vegetation Management Department. 10. Provide a new pump test for the existing wells, and the new well as outlined in Condition 10 below, to verify that dependability of the wells. A water quality test shall also be conducted for each existing well and submitted to determine the quality of water produced from the existing well. 11. All physical water supplies shall demonstrate the following: A. That a four (4) hour pump test be performed on the well to be used. B. A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level. C. The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge. D. A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots. E. An assumption of an average of no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day. F. If the well is to be shared, a legal, well sharing declaration which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs. • • Radimo Ltd. Subdivision Exemption BOCC — 8/4/03 Page 13 G. The water quality shall be tested by an independent testing laboratory and meet State guidelines concerning bacteria and nitrates. H. For water supplies based on the use of cistern, the tank shall be a minimum of 1000 gallons. 12. The Applicant shall submit the applicable School Site Acquisition Fees ($200.00 per parcel) for the creation of the exemption parcels prior to approval of the exemption plat. 13. That the following plat notes shall appear on the Exemption Plat: A. Water supply is limited in the area and fire flow capabilities will likely not to be available to extinguish a fully involved structure fire. B. Weed Management on all parcels shall be on-going in accordance with the Weed Management Plan approved by Garfield County Vegetation Management. C. Existing and proposed easements for utilities, driveway, and irrigation. These easements shall be included on the deeds for the proposed lots, where appropriate. All new utilities shall be buried. D. Defensible space around all structures shall be maintained. E. One (1) dog will be allowed for each residential unit and the dog shall be required to be confined within the owner's property boundaries. F. No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid -fuel burning stove as defied by C.R.S. 25-7-401, et. seq., and the regulations promulgated there under, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. G. All exterior lighting will be the minimum amount necessary. All exterior lighting will be directed inward and downward towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. H. Slopes exceeding 40% shall be restricted from development. Areas of disturbance shall be revegetated with appropriate vegetation. Cut and fill areas shall be kept in balance and to a minimum. Disturbance of the existing vegetative cover shall be minimized. • • i I. Geologic Hazards on the Parcels shall be mitigated per County regulations. Radimo Ltd. Subdivision Exemption BOCC — 8/4/03 Page 14 J. Foundations and Individual Sewage Disposal Systems shall be engineered by a Professional Registered Engineer within the State of Colorado. K. Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. All must be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non -negligent agricultural operations. L. All owners of land, whether ranch or residence, have obligations under State law and County regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. ,' : . t� wµ 5 • • EXHIBITS RADIMO LTD. / MCBRIDE SUBDIVISION EXEMPTION (August 4, 2003 — Board Meeting) Exhibit A: Proof of Certified Mailing Receipts Exhibit B: Proof of Publication Exhibit C: Garfield County Zoning Regulations of 1978, as amended Exhibit D: Garfield County Subdivision Regulations of 1984, as amended Exhibit E: Garfield County Comprehensive Plan of 2000, as amended Exhibit F: Staff Report dated August 4, 2003 Exhibit G: Application Materials Exhibit H: Letter from Jake Mall, Garfield County Road and Bridge Department, dated June 11, 2003 Exhibit I: Letter from Steve Anthony, Director of Vegetation Management, dated June 26, 2003 Exhibit J: Letter from City of Rifle dated May 27, 2003 Exhibit K: Well Permit No. 250904 Exhibit L: Resolution No. 77-31 Exhibit M: Building Permit documentation for dug -out / underground bunker Exhibit N: Deed dated March 1, 1977, between Stephen and Gail Price and John McBride. Note: Applicant materials were distributed that the July 14, 2003, Board meeting. No additional application material are provided, expect for the attached Revised Exemption Plat. 4 • • GARFIELD COUNTY Building & Planning Department Review Agency Form Date Sent: 5/21/03 Comments Due: 6/30/03 b D 9 EXHIBIT Name of application Radimo/McBride Exemption Sent to: Garfield County Road and Bridge Dept. ------------------------------------------- Garfield County requests your comment in review of this project. Please notify the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staff contact: Tamara Pregl 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General comments: Garfield County Road and Bridge Dept. has no comment on this exemption as the accesses are off of Highway 6 &24 and not off of a County road. Name of review agency: Garfield County Road and Bridge Dept By: Jake B. Mall RECEIVED GARFIELD COUNTY WADING & PLANNING Date 6/11/03 RECEIVED JUN 13 2003 GARFIELD COUNTY WILDING & PLANNING Revised 3/30/00 • MEMORANDUM To: Tamara Pregl From: Steve Anthony Re: Comments on the Radimo/McBride Subdivision Date: June 26, 2003 EXHIBIT Thanks for the opportunity to comment on the Subdivision exemption. My comments are as follows: 1. Noxious Weeds A. Inventory and mapping -staff requests that the applicant map and inventory the property for all Garfield County listed noxious weeds. B. Weed Management -It is requested that the applicant has provide a weed management plan for the inventoried noxious weeds. • • CITY RIFLE 202 Railroad Ave. • P.O. Box 1908 • Rifle, Colorado 81650 • (970) 625-2121 • Fax (970) 62 May 27, 2003 RECEIVED MAY 2 9 2003 GARFIELD COUNTY BUILDING & PLANNING Tamara Pregl Garfield County Planning 108 Bch St, Ste. 201 Glenwood Springs, CO 81601 RE: Radimo/McBride Exemption Dear Ms. Pregl, The City of Rifle has no concerns or comments regarding the Radimo/McBride Exemption at this time. Since -ly, Matt Sturgeon Planning Director Planning and Development Dept. • 970-625-6224 • (fax) 970-625-6268 • planning@rilleco.org Form No. OFFICE OF THE •ATE ENGINEER i GWS -25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 APPLICANT RADIMO LTD % SCOTT BALCOMB P 0 BOX 1480 RIFLE, CO 81650- (970) 945-6546 PERMIT TO CnNCTRI Ir`T A WFI I EXHIBIT WELL PERMIT NUMBER 250904 DIV. 5 WD39 DES. BASIN MD APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 SW 1/4 Section 12 Township 6 S Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 2450 Ft. from South 1500 Ft. from West UTM COORDINATES Northing: Section Line Section Line Easting: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 40 acres described as the NE 1/4 of the SW 1/4, Sec. 12, Twp. 6 South, Rng. 93 West, 6th P.M., Garfield County. The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than three (3) single family dwellings, the irrigation of not more than one (1) acre of home gardens and lawns, and the watering of domestic animals. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The return flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 7) This well shall be constructed not more than 200 feet from the location specified on this permit. NOTE: Parcel Identification Number (PIN): 23-2177-121-00-181 NOTE: Assessor Tax Schedule Number: R210446 (totaling 243.4 acres) APPROVED DMW 0 6/0 o,2.2 21. State Engineer By Receipt No. 0507063 DATE ISSUED 06-09-2003 EXPIRATION DATE 06-09-2005 , RESOLUTIONO31 WHEREAS, by Resolution 1177-14 heretofore adopted by the Boar' Commissioners of Garfield County, Colorado, the Clerk of the Boar to give Notice of Public Sale of Real Estate pursuant to the provision CRS 1973, as amended, of the following described real property, to Lot 2, Section 12, T6S, R93W County of Garfield, State of Colorado, AND WHEREAS, said Notice washed in the Glenwood Post said paper beginning on March 8, 1977 and ending on March 15, 1977, specifying that said sale would be held on the 4th day of April, 1977, Garfield County Courthouse, Glenwood Springs, Colorado at 10:00 0' AND WHEREAS, the Clerk of said Board reported to the Board Public Sale was also posted on the bulletin board in the Courthouse f thirty (30) days prior to said sale date; AND WHEREAS, at the time and place of sale, John McBride of bid the sum of $2001.00 for the above described real property, the s. in the amount of the appraised value of said property as fixed by Jim County Assessor of Garfield County, Colorado; and a check in said to the County Treasurer of Garfield County, Colorado, was tendered therefore and said bid being the only bid received for said real prope AND WHEREAS, the Board of County Commissioners are of the would be for the best interest of Garfield County, Colorado, that the property be sold to the said John McBride in order to return this pro rolls. AND WHEREAS, as a part of the consideration for the agreement County Commissioners to sell and quit claim said property to the sal for the afore mentioned price, the said John McBride has agreed to a said property subject to a covenant running with title to the land res conveyance of said land separate and apart from a sale of contiguous owned by John McBride, without complying with the Subdivision Regui Garfield County, Colorado. 11111111111111111111111!111111111111111itt 1111111111111 612398 18/I1/2002 10:48R 81398 P33 M ALSDORF 1 of 2 R 11,08 D 0.00 GARFI0.D COUNTY CO of County was authorized of 39-11-143 it: n the issues of said Notice t the lock a. m; at the Notice of more than spen, Colorado, id sum being �rinkhouse, ount payable n payment ty; .inion that it bove described erty to the tax of the Board of John McBride cept title to toting sale and ds presently tions of nn oa �ASPj4"1111 13 Pol*" 114 A,„, CO 81611 EXHIBIT 11111111111111111 !11111 III 111111111111111 IIDI 111 61230! 10/11/2002 10f4sA H1300 P34 M RLSDORF 2 of 2 R 11.%% D 0.00 DARFIELD CDUNTY CO' NOW THEREFORE, BE IT RESOLVED by the Board of County C,mmissioners of Garfield County, Colorado, that the above described real property b sold to the said John McBride; and that Richard C. Jolley, as Chairman of the Board of County Commissioners of Garfield County, Colorado, be and he is hereby a thorized to make, execute and deliver to the said John McBride a quit claim dee to said property, all as provided by Section 39-11-143 CRS 1973, as amended, which de d shall•contain the covenant running with the land as above described. Done this __ day of Apr d , 1977. ATTEST: �Gti(Lu A%iL%L (fc Depnty fleck to the Eg'ard BOARD OF COUNTY COMMISSISNERS GARFIELI) COUNTY COLORADO Chairman Jun -23-97 02:32P Ste Archuleta 9705-7785 UILDING PERMIT APPLICATION ApicatTt to corn fete numbered s.aces on! Joe ADORES -5 GARFIELD COUNTY, COLORADO PERMIT NO. 7 PARCEUSCHED NO. EXHIBIT LEGAL DESCR. LOT NO SUBO 1SION QIfr CONTRACTOR gI(i� ADDRESS C1gA-13G WK. PFI 4125 2i0'3 ADDRESS i LICENSE NO. LICENSE NO. ADDRESS S.F CF BUILDING S.F OF LOT HEIGHT NO. OFFLOCRS USE OFBULDSNG z bet, GE Cuss of vORK: gNEW a ADDITION nALTERATION a REPAIR aMOVE a REMOVE DESCRIBE WORK. 1+1. .. Lt I4 O-C6e-Cit N D g itiN -e GARAGE -INGLE DOUBLE DRNEWAY PERMIT CARPORT SINGLE DOUBLE ON SITE SEWAGE DISPOSAL PERMIT SITE PLAN VALUTNar<OF WORK. 9 0 COO PLAN CHECK FEE; .:i . SCHOOL IMPACT FEE NO. OF BUILCINGS CN PARCEL USE OF 9UILDRJGS NOW ON PARCEL NOTICE TOTAL WATER SUPPLY OCC. GR CONST TYPE DATE PERMIT ISSUED /..-1-1 SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMBING, HEATING. VENTILATYdG .^.R ASR CONDITIONING. THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 1 A DAYS. OR IF CONSTRUCTION OR WORK 1S SUSPENDED OR ABANDONED FOR A PERIOD OF 180 OATS AT ANY TIME AFTER WORK IS COMMENCE HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPL ICATCN AND KNOW THE SAME TO BE TRUE AND CORRECT ALL PROVISIONS OF LAWS ANC) ORDINANCES GOV»NWG -HIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN CR NOT THE GRANTING OF A PERMIT DOES NOT PRESUME TC GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW GULATING CONS 'VCTION OR THE PERF MANCE OF ;;CNSTRUC T Spr utur. M SPECIAL APPROVALS ZONING REQUIRED RECEIVED NOT RECOPIED HEALTH DEPT. FIRE DEPT SOIL REPORT SETBACKS FLOOD HAZARD 9w dlrtq DeO.ranenl Appr P WIT ADOrOv91f OTHER AGREEMENT 'ERMISSION IS HEREBY GRANTED TO THE APPLICANT AS OWNER, CONTRACTOR ANDJOR THE AGENT OF THE CONTRACTOR OR OWNER TO CONSTRUCT THE STRUCTURE AS DETAILED ON PLANS AND SPECIE CATIONS SUBMITTED TO AND REVIEWED BY THE BUILDING DEPARTMENT 'N CONSIDERATION OF THE ISSUANCE OF THIS PERMIT THE SIGNER HEREBY AGREES TO COMPLY WITH ALL BUILDING CODES AND LAND USE REGULATIONS ADOPTED BY GARFIELD COUNTY PURSUANT TO AUTHORITY GIVEN 1N 30.28.201 CRS AS AMENDED. THE SIGNER FURTHER GREES THAT IF THE ABOVE SAID ORDINANCES -ARE NOT FULLY COMPLIED WITH IN THE LOCATION, ERECTION, CONSTRUCTION ANO USE OF -HE ABOVE DESCRIBED STRUCTURE. THE PERMIT MAY THEN BE REVOKED BY NOTICE FROM THE COUNTY ANO THAT THEN AND THERE IT SHALL BECOME NULL AND VOID. THE ISSUANCE OF A PERMIT BASED UPON PLANS, SPECIFICATIONS AND OTHER DATA SHALL NOT PREVENT THE BUILDING OFFICIAL FROM THEREAFTER REQUIRING THE CORRECTION OF ERRORS IN SAID PLANS, SPECIFICATIONS AND OTHER DATA OR FROM PREVENTING BUILDING OPERATION BEING CARRIED ON THEREUNDER WHEN IN VIOLATION OF THIS CODE OR ANY OTHER ORDINANCE OR REGULATION OF THIS JURISDICTION. Tuc oc ric u nc TWO Cf IAIUITTFII PI ANS ANCI sPKrl,ICATIONS AND INSPECTIONS CONDUCTED THEREAFTER DOES NOT CONSTITUTE AN Job Address • No. 6587 GARF7ELD COUNTY BUILDING, SANITA77CWand PLANNING DEPARTMENT 109 8th Street Suite 303 Glenwood Springs, Colorado 81601 (303)945-8212 29512 Highway 6 & 24, Rifle Nature of Work Building Permit Useof)uilding Single Family Dwelling Unit Ow= John McBride Contractor Owner Amount of Permit S 1,103.03 Permit: 668.50 Plan : 434.53 Paid $426.41 12/19/97 Date January 8, 1998 S. Archuleta Clerk BUILDING PERMIT FIELD COUNTY, COUNTY, COLORADO ir Date Issued./ . .?..Zoned Area Permit No.. 051 ...7 A tRE1.MENT In consideration o he issuance of this permttt, the applicant hereby agrees to comply with all laws and regulations related to the zzAqn g,, location; construction and erection of the proposed structure for which this permit is granted,; and further agrees that if the above said regulations are not fully complied with in the zoning, Lg ttio,erection and construction of the above described structure, the per m: hen brrevolted' by notice from the County Building Inspector an �1IE1 1' `� f ' + u ► ULL AND VOID. Setbacks Front Side Rear This Card Must Be Posted So It is Plainly Viae From The Street Until Final Inspection. INS,,,ri: -T1ON';•OP Footing -,a Foundation .'-9.c..i ' Underground Plumbing c f;j, '° , 3 insulation '7 '17 -4/Y ,..'4.:Q_-; ,, Rough Plumbing n �.. ,,,(744 QAiiiiDrywall r-_ C`-- !% Chimney & Vent g—a.3.`�r 1 Gas Piping /DcJ-`i'Z i •• ,,.✓ (/ /d—e7-caf�; r lec 7—P—y-5' SS' Septic Final / — 30. >.`i- 1,77,-,... Framing 7 _ t 13— et ter-- (To include Roof in place and r ws and Doors installed). Notes: ALL LISTED ITEMS MUST BE INSPECTED AND APPROVED BEFORE COVERING - WHETHER INTERIOR OR EXTERIOR, UNDERGROUND OR ABOVE GROUND. .,r THIS PERMIT IS NOT TRANSFERABLE Phone 945-S212 109 8th Street County Courthouse Glenwood Springs, Colorado. APP VED Date VBy IF PLACED OUTSIDE - VER WITH CLEAR PLASTIC l No. 3469 Certificate of Occupancy No change in the character of occupancy of a building shall be made without a Certificate of Occupancy -(UBC Sec. 502) Building Department Garfield County, Colorado This certificate is issued pursuant to the requirements of Section 307 of Uniform Building Code certifying that at the time of issuance, this structure was in compliance with the various codes adopted by the County regulating building construction or use for the following: Use Classificatio4 sing 1 P family dwelling unit Building Permit No. 6587 Group R3 Type of Construction VN Zone District Owner of Building ,1 n h n M c R r i d P Address 29512 Hwy . h P 24, Rifle, co Building Address 29512 Hwy.¢ & 24, Rifle, c o Locality Contractor f, w n P r Address By Date October 9, 1998 Chief Building Official Issuance of a Certificate of Occupancy shall not be construed as an approval of the provision of this code or of other ordinances of jurisdiction. Certificated presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. (UBC Sec. 307(a)). 5 L, Recorded.. ecords 277090 Reception No THIS DEED, Made this is t day of March ly 7? between MAP 2 197 Recorder. STEPHEN B. PRICE and GAIL PRICE, husband and wife MAN 2 1977 29514 U.S. Highway 6 & 24, Rifle, Colorado 81650 l� C'5 oP the County of Garfield and flat of Colorado. of the first part, and JOHN P. McBRIDE, 1862 Red MountainRoad, Aspen, Co 81611 of the County of Pitkin and Stai.e of Colorade. of the secured pan WITNESSETH, That the said part ieSof the first part, for and iii consideration of the sin of One hundreddollarsand other good and valuable consideration to the said part ieS of the first part in hand paid by the said part y of the secoatd part, the receipt whereof is hereby confessed and acknowledged ha ve e granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the said part y of the mond part, heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and Stae of Colorado, to -wit: A parcel of land situated in Section 12, Township 6 South, Range 93 West of the 6th Principal Meridian: EXHIBIT All of Lots 3 and 4 (sometimes referred to as the NSW% of said Section, Township and Range); All that portion of the SW%,NW SE'NW' , SW' NE', NEltNE'Z, and Lot 1 Southerly of 1 the Denver and Rio Grande Railroad Company right-of-way, which right-of-•,av is described in Deed recorded April 2, 1889, in Book 19 at Page 375 as Reception No. 8769, and in Deed recorded April 2, 1889, in Book 19 at Page 387 as Reception No. .8781, and in Deed recorded April 2, 1889, in Book 19 at Page 388 as Reception No. 8782, and in Deed recorded April 2, 1889, in Book 19 at Page 380 as Reception No. 8774; EXCEPTING from the above described property that portion of the NE`4NE12, of said Section, Township and Range as described in Deed from John W. Everett and Grace A. Everett to Clyde F. Klinger and Esther R. Klinger recorded January 7, 1972, in Book 425 at Page 121 as Reception No. 252201 described as follows: All that portion of land situated in the NE'4 of Section 12, Township 6 South, Range 93 West of the 6th Principal Meridian, more particularly described as follows: Beginning at a point on the Southerly ROW line of the Denver and Rio Grande Western Railroad, whence the W '-,, corner of said Section 12 bears S. 70°39'40" West 3838.92 feet; thence N. 76°29'37" E. 338.21 feet along the said ROW line: I thence S. 09°29'12" E. 54.97 feet; thence S. 78°19' 1I 39" W. 273.45 feet; thence N. 66°25'49" W. 76.49 feet to the point of beginning. ALSO EXCEPTING from the above described property that portion of SW1-NE2 of11 said Section, Township and Range described in Deed from Charles H. Stobaugh to James D. Harris recorded April 6, 1889, in Book 19 at Page 407 as Reception No. Ii 8832, as follows: 1 iA parcel of land 10 feet wide along the East side and lying wii.hin the S:dNE'r: r'' of Section 12, Township 6 South, Range 93 West, 6th P.M. Together with all oil, gas and mineral rights presently owned by the Sellers attached to these lands, and all ditch and ditch rights, irrigation and irrigatio Ij rights appurtenant to or used in connection with the above described property, including, but not limited to, 6.24 shares of the Grand River Ditch, an uadividedi; 7/16 interest in the Stobaugh Ditch, and 4.6 cubic feet per second from the Eyre 1' Ditch. lI 1 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest. claim and demand whatsoever of the said part les of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. • ` !:-..;52 TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said part v of he .second part, hi s heirs and assigns forever. And the said part les of the first part, ttil for themselves/ errs, e> r executors, and administrators, do covenant, grant, bargain and agree to and with the said pari.' of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these presents they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha Je good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former end other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kindornaturesoever., except 1977 property taxes and assessments, easements, rights of way, restrictive covenants of record, reservations contained within the United States patent to the subject property, and also a 20 foot road easement—vnd an; , easement to construct, maintain aad repair a water well, all as described in a document recorded Book 426, page 121, an agreement and declaration of covenants recorded Book 491, page 46, terms and obligations of a stipulation recorded Book 490, page 877, and a mortgage to the Federal Land Bank of Wichita, recorded January 21, 1976, in Book 482, at page 197, which second party, by acceptance of this deed, assumes and agrees to pay. and the above bargained premises in the quiet and peaceable possession of the said part y of the second part, his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said part ies of the first part have hereunto settheirhand s and seal s the day and year first above written., -- Signed, Signed, sealed and Delivered in the Presence of STATE OFICODOWANN, California [SEAL] It phe B. Price, husband [SEAL] sa. County of Santa Bar ara The foregoing instrument was acknowledged before me this 1St day of March 1977 ,by Stephen B. Price and Gail Price, husband and wife. [SEAL] 0 z My commission expires June 21 • OFFICIAL gEAL • • • • $�.• LINDA HOLLAND ♦ t" I.��.rys NOTARY PUBLIC. CALIFORNIA • • A"�+"¢',• PRINCIPAL OFFICE ItJ • • SANTA BARBARA COUNTY • • My Commssion `expires Juno 21. 1910 • • WARRANTY DEED STATE OF I hereby certify that this instrument was filed , 1980 . Witness my hand and official seal. O 07 Nota y Pabtia Aiail to?ufle Realty, P.O. or return to) Rifle , CO 81650 Send future tax statements to: .) co co N 'Q co 0 E a 0 h Road, Aspen, CO 81611 ecorded at F:0 o'clock /1 IT. ,ikQ. ,.'1_397/ Reception No._.: 1.17$9 _ Ela Stephens. Recorder 7 3 Contract No 6,JuK LAD:, FA, -723 Form 3362 (Rev. 2-60) PRIVATE WAY LICENSE THIS AGREEMENT, Made and entered into this 15th day of April A. D. 19 77 , by and between THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, a corporation of the State of Delaware, hereinafter called the "Licensor" party of the first part, and JOHN P. McBRIDE, an individual. Mailing Address: Airport Business Center, 105 Pacific Ave., Aspen, Colorado 81611 hereinafter called the "Licensee" of the second part: WITNESSETH, That the Licensor, for and in consideration of the covenants and agreements of the Licensee herein contained and upon the terms and conditions hereinafter set forth, hereby licenses and permits the construction, maintenance and use of the private way or private ways hereinafter described (hereinafter called "private way") across the right of way and track or tracks of the Licensor as herein specified, to wit: A 16 -foot wide private roadway and crossing at grade extending northerly across the right of way and trackage of the Licensor's main track at Mile Post 382 plus 5212 feet, near Rifle, Garfield County, Colorado, as shown in yellow on the attached map, Dwg, No. R -236A. This license Is expressly conditioned upon the performance by the Licensee of all and singular the covenants and agreements hereinafter set forth to be by said Licensee kept and performed, each of said covenants and agreements being hereby made a condition; and it is also hereby stipulated that a waiver by the Licensor of any breach of any condition shall in no way impair the right of the Licensor to avail itself of any subsequent breach of the same or any other conditon. PRIVATE WAY as and wherever said term is employed herein, shall mean a way for travel for pedestrians, vehicles, implements and live stock. It is expressly stipulatedthat the private way Is to be a strictly private one and is not in- tended for public use, and its use shall be limited to the Licensee, his family and those having business with the Licensee. And said term shall include such grading, approaches, planking, ditches, drain, tiling, drain boxes, culverts, cattle guards, wing fences and fences, gates with proper hinges and latches, raising of telegraph, telephone and signal wires for proper clearance, and such signals, bells, sign post and signs and other safety devices as shall In the particular instance be required by the Licensor, or which may now or hereafter be prescribed and required by any law, State or Federal, or by any order of any officer or regulatory board, State or Federal, having jurisdiction over such matters. The foregoing license is subjectto all outstanding superior rights (including those in favor of telegraph and telephone companies, lessees of said right-of-way and others) and the right of the Licensor to renew and extend the same, 1. If the Licensor shall elect to contruct said private way or a portion thereof, and shall so notify the Licensee, the Licensee agrees to pay to the Licensor, in advance, such sum of money estimated to be $ , as shall be necessary to construct such portion or all of said private way, including the cost of all necessary material and the transportation thereof and the cost of all labor and superintendence. If the Licensor shall elect not to construct said private way, the Licensee shall furnish material for, and construct said private way at the sole cost and expense of the Licensee, in such manner and according to such plans as the Licensor may deem best for the safety and proper protection of the track, roadbed and premises of the Licensor. If the amount to be advanced by the Licensee as hereinbefore provided should be in excess of the amount required, the excess shall be returned to the Licensee, ii such amount should not be sufficient to cover the expense of work done by the Licensor, the Licensee shall pay such additional amount to the Licensor on demand. 2. The Licensee shall, at the sole cost and expense of the Licensee, maintain, repair, and reconstruct, whenever necessary and when required so to do by the Licensor, said private way and all its appurtenances in accordance with plans and in manner satisfactory to the Licensor; and at all times keep said private way in a good state of repair; •bouic .©2 PACE 724 the Licensor, however, shall have the right, if it so elects, at any time, though it shall be under no- obligation whatever to do so, to make necessary or proper repairs or to reconstruct said private way, notwithstanding the obligation of the Licensee to maintain, repair and reconstruct, and in the event the Licensor at any time elects to repair or re- construct said private way, the Licensee shall, upon presentation of estimates, advance such sum of money as the Licensor may deem necessary for such repair or reconstruction, or upon bill being rendered for work already done, the Licensee shall reimburse the Licensor for the cost of such repair or construction. The optional right of the Licensor to make repairs or to reconstruct said private way shall in no manner or degree relieve the Licensee from responsibility to the Licensor or to other persons or corporations for the failure of the Licensee to properly main- tain or reconstruct said private way, or any structure which the Licensee agrees, as aforesaid to maintain or re- construct. • 3. The Licensee, at the Licensee's expense, shall keep the flangeways at said private way clean and free from dirt, rocks and other material, and shall not foul or permit the fouling of any track of the Licensor, or permit any condition which will interfere with the safe operation of locomotives, cars or trains over said private way. 4. The Licensee agrees to pay to the Licensor, in advance, the sum of $ , as considerati n for license and permit herein granted. IDU 5. If at any time after the installation of said private way, any law, State or Federal, or any officer or regulatory board or commission, State or Federal, having jurisdiction, shall require any alterations, changes or Improvements of said private way and of its appurtenances, as herein defined, or any additional safeguards, protection, signals or warnings, the same shall be constructed, maintained and operated at the sole expense of the Licensee, as herein provided with respect to maintenance, repair, reconstruction, etc., In paragraph 2 hereof. 6. The Licensee shall not enter upon the premises for the purpose of constructing said private way nor for the purpose of repairing or renewing the same, without special written Iicense or permit first had and obtained from the Licensor, or the I.lcensor's duly authorized agent, except in cases of emergency when work Is necessary to avert Loss ordamaee to property. All work of construction, rijaintenance, operation or reconstruction shall be done by the LIcensee In such manner as to cause no interference With the constant, continuous and uninterrupted use of the tracks and property of the Licensor as to operation, maintenance, renewals or possible new construction by the Licensor. 't. This license shall not be deemed to give the Licensee exclusive possession of any part of the premises described, but the Licensor shall have unimpaired right to retain its track or tracks ar now owned and operated at the place of construction of such private way, and nothing shall be done or suffered to be done by the Licensee at any time that shall in any manner impair the usefulness or safety of said track or tracks of the Licensor or of any track or improvement to be hereafter constructed. The Licensor shall have the right at any and all times hereafter to construct, maintain and operate such additional tracks, structures and improvements where said private way is to be constructed and across the same, as it may -from time to time elect; and in case of any change at any time in the arrangement, construction or plan of the Licensor's tracks, or in case of the construction of any buildings or Improvements by the Licensor, said private way shall be altered or entirely removed by the Licensee at the sole cost and expense of the Licensee, in such manner as may be necessary to conform to the tracks, buildings or Improvements of the Licensor as so changed, altered or Improved, and 1f the Licensee shall fail to do any of the things in this paragraph enumerated, the Licensor may do or cause the same to be clone at the cost of the Licensee. 8. The Licensee assumes the entire burden and duty of keeping the gates at said private way locked when not in use, and the sole duty and burden of preventing the useofsaid private way by any persons, firms or corpora- tions, other than those mentioned herein for whose benefit said private way Is licensed; and assumes all liability for damage to or destruction of property, injury to or the death of persons resulting from the use of said private way by persons other than those for whose benefit said private way Is licensed, or resulting from the failure on the part of the Licensee to keep the gates closed and locked and the said private way and all of its appurtenances Lar safe condition. 9. The Licensee shall at all times protect, indemnify and save harmless the Licensor from any and all claims, demands, judgments, cost, expenses, and all damage of every kind and nature made, rendered or incurred by or in behalf of any person or corporation whatsoever, in any manner due to or arising out of any injury to or death o1 any person, or damage to property of any person or persons whomsoever, including the parties hereto and their officers, families, servants and employees, in any manner arising from or growing out of the construction, main- tenance, operation, repair, extension, renewal, existence, use or removal of said private way, or the failure to prop- erly construct, operate, maintain, renew or remove the same, and from all costs and expenses, including attorneys' fees connected in anywise with the matters and things contained in this agreement. Neither the right of supervision by the Licensor of the location, Installation, operation and the maintenance of said private way, nor the exercise or failure to exercise said right, nor the approval or failure to disapprove, by the Licensor of the location, installation, operation and maintenance of said private way, nor the election of the Licensor to construct or reconstruct the whole or any part or to repair said private way, shall be deemed a waiver of the obligations of the Licensee contained in this paragraph or a release therefrom, or from any other obligation of this agreement resting upon said Licensee that Is hereinbefore or hereinafter expressed or implied. 10. If the Licensee shall fall to locate, construct, operate, repair, extend, renew or remove said private way in accordance with the terms of this agreement and to the entire satifaction of the Licensor. or shall fail to pay to the Licensor any sum of money for the construction, repair, extension, renewal or removal of said private way, or shall fail to adjust the said private way to any changes made by the Licensor, or shall in any respect fall to keep and perform any of the conditions, stipulations, covenants and provisions of this agreement to be kept and performed by the said Licensee, this agreement shall at the option of the Licensor be void and of no effect; and this license shall cease and the Licensor shall have the right to remove said private way and restore the right of way and premises of the Licensor at any time thereafter at the sole expense of the Licensee. Any forfeiture hereunder may be claimed by the Licensor without notice to the Licensee. Any notice herein provided for shall be sufficiently given and delivered if mailed In an envelope properly stamped and addressed to the Licensee at the last known post office address, or if no address is known, at the post office nearest to the place where the said private way is located. 11. Non -user of such private way for the purpose for which It was originally constructed, continuing at any time for the period of one year, shall constitute an abandonment of this license. Unless so abandoned or terminated, • bwa O2 PACE 725 as hereinabove or hereinafter provided, this license and agreement shall remain in full force and effect until termi- nated by written notice given by either party to the other party not less than sixty days in advance of the date of such termination; but it is understood that if at any time the rnainenance and operation of said private way shall be incon- sistent with the use by the Licensor, of the right of way for railroad purposes, this license shall immediately cease ipso facto. 12. Within thirty days atter the termination of this agreement howsoever, the Licensee, at Licensee's sole expense, shall, if the Licensor so desires the Licensee to do, remove the said private way (including all approaches, planking, gates, and all other structures constructed in connection with said private way) and restore the premises of the Licensor, including all right-of-way fences, to a condition which will be satisfactory to the Licensor, and if the Licensee fails so to do, the Licensor may do such work of removal and restoration at the expense of the Licensee. In the event of the removal of the private way ns in this section provided, the Licensor shall not be liable to the Licensee for the damage sustained by Licensee for or on account of such removeal, and such removal shall not prejudice or impair any right of action for damages or otherwise which the Licensor may have against the Licensee. None 14. The covenants, stipulations and conditions of this agreement shall extend to and be binding upon the Licensor, its successors and assigns, and shall extend to and be binding upon the Licensee and the heirs, administrators, executors, successors and assigns of the Licensee (as the context may admit), and the term "Licensee" used herein shall be held to include such persons, copartnerships or corporations as are mentioned herein as of the second part. The Licensee shall not assign this license or any interest therein directly or indirectly, nor incumber the same without the written consent of the licensor first had and obtained. 1N W11'N.E.SS WiHERE:)F, the parties hereto have caused these presents to be duly executed the day and year first hereinabove written. THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, Licensor $y — JO By "rn. • Chief Engine IDE Licen6ee tG�