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Home My WebLink About6.0 CorrespondenceMark Chain Consulting, LLC Page 1 November 1, 2016 Glenn Hartmann, Senior Planner Garfield County Department of Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: IRMW LLC Minor Subdivision Parcel 1 Dear Glenn: Thanks for your Letter of Completeness Review dated October 28, 2016 as well as meeting with Bill Rice and me to discuss details on the above Minor Subdivision Application. The meeting was very helpful. I believe the information we have put together addresses the items that you identified and we hope this makes your review as easy as possible. The purpose of the remainder of this letter is to address on a one- by- one basis the issues identified in your letter as well as others that we discussed. Below are our comments: 1. Mineral rights. A potential Mineral Rights Owner was identified in the Minor Subdivision application. This mineral rights owner is the U.S. Department of the Interior and was noted by Balcomb & Green in the 2012 MRI Waste Transfer facility land -use application for what was then a portion of the IRMW property. We have also identified another potential mineral rights owner during subsequent research. This potential mineral rights owner is the Rex & Florence Coffman family. We will continue to refine the research for these owners but until further notice these are the potential mineral rights owners we have found. Their addresses are below: U.S. Department of Interior BLM Colorado State Office 2850 Youngfield St. Lakewood, CO 80215 — 7093 2. Water supply plan. Rex A. & Flo M. Coffman 1837 CR 100 Carbondale, CO 81623 Parcel 1A. This Parcel is served by an existing well; Well Permit No. 31954 — issued 7/24/67. A copy of the well permit and other pertinent information is attached. As this well has been operational for nearly 50 years, we would request that no additional information be supplied as it is functional and there are no problems to our understanding. Contact us if you wish to discuss this matter. 811 Garfield Avenue Carbondale, CO 81623 Ph 970.963.0385 Fax 970.963.2916 mchain@sopris.net Mark Chain Consulting, LLC Page 2 Parcel 1 B. A Water Exchange Agreement has been entered into between IRMW, LLC, Paul and Celia Nieslanik & Tim and Laura Nieslanik. As part of this Water Exchange Agreement (Agreement), IRMW will receive permission to use 15 gallons per minute (0.033 cfs) of the Mineral Spring and Ditch water right from Paul and Celia Nieslanik. IRMW will be allowed to tap into a pipeline and construct a water tank approximately 3000 gallons in size at the location shown in Exhibit A of the Agreement. The Agreement outlines the location of the proposed IRMW pipeline and provides for a 20 foot wide access easement to the pipeline on to a 35 acre parcel owned by Tim Nieslanik. The Agreement also provides for the relocation of the Nieslanik Pipeline/ditch to an alternate location within an access easement along the approximate boundary of the adjusted Nieslanik/IRMW properties (see attached boundary line adjustment plat). The Mineral Spring and Ditch water right is an adjudicated water right and is for 2.5 cfs for domestic, irrigation and stock water purposes. In a separate action, IRMW has applied for a Basalt Water Conservancy District allotment to allow IRMW to use the water for commercial purposes on the IRMW Subdivided Parcel. The Agreement has been provided to you previously, but we are also attaching it here for your easy reference. The Basalt Water Conservancy District Application is included in the original Minor Subdivision application. We have discussed the issue of whether an easement should be provided for the proposed Tank and existing Nieslanik Pipeline which currently crosses the IRMW property shown on Exhibit A. If you think an easement necessary, we would propose that it be handled as part of the previously mentioned Agreement. We will provide alternative language for the easement at your request. 3. Physical Access for Each Parcel. Legal Access. Both Parcels 1A & 1B have legal access. There are separate RFTA Private Way License Contracts for each Parcel. These locations and Contract numbers are shown on page 2 of the Minor Subdivision Plat. The RFTA Licenses are also included in Section 5 (Miscellaneous Documents) of the application. Each Parcel also has additional access easements associated with them. The easements for Parcel 1B are indicated on the Minor Subdivision as well as the Lot Line Adjustment plat between IRMW and the Nieslanik parcel. Easements associated with Parcel 1A are enumerated with a deed providing access to the Parcel to the east, presently owned by IRMW II. A copy of this deed is included in Section 5 of the application and was given to you separately at our meeting of October 28. Physical Access. The letter from Sopris Engineering dated October 27 (attached) briefly discusses physical access to both parcels. Also attached are photos of the access for both parcels as well as a chart outlining the driveway/road "sections" and other data for each access. Parcel 1A & 1B each meet the requirements of Table 7 — 107: Roadway Standards, Garfield County Land Use and Development Code. 4. Existing infrastructure. As requested, we are providing a site plan showing general location of existing infrastructure. This is primarily done via an Aerial Exhibit labeled 811 Garfield Avenue Carbondale, CO 81623 Ph 970.963.0385 Fax 970.963.2916 mchain@sopris.net Mark Chain Consulting, LLC Page 3 Exhibit C which shows the subject property, various items of infrastructure, existing roadways and structures. Sheet 2 shows the location of the existing well and septic systems as well as overhead electric which comes to the property. There is no natural gas service for the property. The exhibits in the Water Exchange Agreement show the location of the existing pipeline of the Mineral Spring and ditch as well as the proposed pipeline relocation and pipeline and tank extension to Parcel 1 B. 5. Site plan showing general location of improvements and existing uses. Exhibit C shows all existing uses on what will become Parcel 1A. Shown are the existing office structure, laydown yard, and the existing welding shop. The welding shop is presently used for storage. There are also a number of areas which have storage of vehicles, construction equipment and in many cases functions as Contractors Yards. 6. Topography for Parcel 1A. Sopris Engineering has produced an exhibit to show topography for the majority of Parcel 1A at your request. It shows the relatively steep areas that are covered with vegetation and timber — mostly at 30% slope or greater as well as a relatively flat areas which indicate access and driving areas, buildings, storage areas and yards etc. This exhibit goes hand-in-hand with the "Slope Analysis" that is included in Section 3 of the application — Technical Documents. 7. Information on Existing OWTS for Parcel 1A & OWTS for Parcel 1B. An OWTS exists presently on Parcel 1A and this location is indicated on Exhibit C. It has not recently been inspected but it has been in operation for many years. Bill intends to have the system pumped. Sopris Engineering in their letter of October 27 provides an opinion on the potential for a system on Parcel 1 B. It is unknown at this time whether a septic system will be proposed for Parcel 1B; this will depend on future plans of the owner. If required or upon request, a permit application package for submittal to the County Building Department will be provided at time of building permit submittal. The system will be designed to meet standards outlined in Garfield County OWTS Regulations. It is assumed that any proposed septic system would be located at the far Eastern portion of the flat area of Parcel 1B. 8. Reformatting of draft plat. Per the Letter of Completeness, you requested that the draft plat be reformatted in order to relocate notes and to show critical features and re- label certain items. The Plat has been reconfigured and is now composed in two separate pages. We went over this reconfigured plat at the meeting of October 28. We think the changes we have made will help with the review both by you and other County staff. Other information/Requests Development Agreement. The applicant requests that the County and IRMW LLC enter into a Development Agreement related to installation of public infrastructure — specifically, provision of electric service and for the water pipeline/storage tank for Parcel 1 B. The estimated cost for improvements is $20,000. Attached with this letter is a bid from Holy Cross Energy for provision of electric service (approximately $12,000). 811 Garfield Avenue Carbondale, CO 81623 Ph 970.963.0385 Fax 970.963.2916 mchain@sopris.net Mark Chain Consulting, LLC Page 4 Mr. Rice estimates that the construction of the pipeline and relocation of the existing route through what will become Parcel 1B as well as a storage tank will cost approximately $8000. Waivers. We believe we are meeting all applicable County Criteria for the Minor Subdivision as well as applicable Development Standards. We are asking waivers regarding the timing of the items noted below. These items are in the process of being performed or scheduled and will be completed prior to recording of any approval documents. • Water testing for Mineral Spring • Flow measurements for Mineral Spring (searching for diversion records and will measure if necessary). • Septic on Parcel 1A. Will have the septic system pumped. • Plat note for pipeline easement on Parcel 1 B. Am creating language and will provide as part of Water Exchange Agreement. Please contact me if you have any questions or wish to discuss in more detail. Thank you on advance for your cooperation. Sincerely, Mak cirtai / Mark Chain, Planner 811 Garfield Avenue Carbondale, CO 81623 Ph 970.963.0385 Fax 970.963.2916 mchain@sopris.net Mark Chain Consulting, LLC Page 5 ATTACHMENTS Letter of Completeness (Glenn Hartmann) Letter from Sopris Engineering — 10/27/16 Well Permit Information — Well Permit # 31594 Water Exchange Agreement Photos & Miscellaneous Information related to Access for Parcels 1A & 1B Holy Cross Energy Job Estimate TECHNICAL DOCUMENTS (at 24x36) Minor Subdivision Plat: IRMW LLC Parcel 1 Aerial Exhibit — IRMW Parcel 1 & Nieslanik Parcel (AKA Exhibit C) Lot Line Adjustment Map: IRWM Parcel 1 & Nieslanik Property Site Plan IRMW Parcel 1A: Topography & Site Features 811 Garfield Avenue Carbondale, CO 81623 Ph 970.963.0385 Fax 970.963.2916 mchain@sopris.net October 27, 2016 Mark Chain 811 Garfield Avenue Carbondale, CO 81623 rnchain@sopris.net RE: IRMW Parcel 1B Application Site Development Engineering Support Information Sopris Engineering, LLC Job No. 11174.01 Dear Mark, Sopris Engineering, LLC (SE) has prepared this letter, in support of the Minor Subdivision Application for IRMW Parcel 1B , to address the current drive access and potential future OWTS to serve the proposed development on the parcel. Access The site has an existing asphalt paved access from C.R. 100. to Parcel 1A. The existing improved compacted gravel/road base driveway access continues past the paved RFTA trail to Parcel 1B and to adjacent private land. The section of driveway access to Parcel 1B is considered semi primitive and meets the requirements of Table 7407: Roadway Standards, Garfield County Land Use and Development Code. Onsite Wastewater Treatment System Sopris Engineering has recently performed a site assessment, conducted physical inspections, performed soil testing to provide an initial opinion of site development on Parcel 1B associated with a potential Onsite Wastewater Treatment System (OWTS) to serve future proposed development on the property. Based on our assessment the site and underlying soil conditions are suitable for the installation of an engineered OWTS. A OWTS will be designed per site specific condition to serve the needs of the development on the parcel with all design criteria and system components designed in compliance with current Garfield County OWTS Regulations (Regulation 43). Sopris Engineering upon request will produce a permit application package for submittal to Garfield County Building Department, at the time of building permit submittal, in order to obtain a permit for the construction and use of a site specific system. Per regulations an OWTS As -Built record plan, Certification letter will be submitted after final inspections and construction when the new system is operational. If you have any questions or need any additional information, please call. Sincerely, SOPRIS ENGINEERING, LLC Paul Kilt -IP -age Design Engineer Cc: "Mark Beckler" <mbeckler@sopriseng.com> 502 Main Street • Suite A3 • Carbondale, CO 81623 • (970)704-0311 Fax (970)704-0313 SOPRIS ENCINEEHINC • civil consultants OCT 81 p61 WBJ- -=s 2'M - I.ndex No. IDWD S'i`ATE Use Cly__ kADo DIVISION OF WATER RESOURCES OFFICE OF THE STATE ENGINEER - - - OCcototoo 01 Registered �� WATkit �. Know all mien bythese _p ese ) s. That 't le undersi 1SoA1 ._ 1Ydris� claimant; whose S is -- ---r , City ' . ld states: Claimant - is- a _ e,awner of well No. � i 57( located as shown on the map below; the total number of acres -held-owned by him (them) `to be irrigated from this well is . - ; work was commenced on this well by_ actu _ const action0 day of ..A ��,, 19 the tested capacity of said well i _ _ _-(gprn) fete), for which claim is hereby � Me for neAsf' ,�rC purposes; that t e re mua amount of water to be diverted is acre -ft.; and that the aforementioned —si aferi a arkraadeiihd this map and statement are filed in compliance with the law. MAP AND STATEMENT FOR WATER WELL FILING PERMIT NUMBER g /40041 State of Colorado ` ): st' County of ) Subscribed and sworn before me this_ My Coiurnisston eltreires7 A 1 C ai ant(s) day of 19, Notary Public MAP THE WELL SHALL SE= LOCATED WITH REFERENCE ,TO GOVERNMENT SURVEY CORNERS OR MONUMENTS, OR SECTION LINES BY DISTANCE AND BEARING. -�- = feet from (North dr South) section line ,feet from = (East or West) section line IF WELL"SS - FOR-M.RIC#ATION, 'THE 'AREA TO BE IRRIGATED 'MUST BE SHADED OR CROSS- HATCHED. The square below will. be -_used to indicate the location of the well and the irrigated land. r 1 1 1 1 1 i 1 1 1 1 1 1 1 r -- .1.-..._� 1• r.t}... ' 1 1 _t _--_-J.u._�-! _ .. .1 i 1_ 1 11 == - = - - -- 5 1 ' f - 1 1 -.. 1 -,=-1--,- =Y-,- - -- 1 1 1 .- -4 ,_ 1 1 1 1 i 1 1 1 1 . — --1.-..--1.----.0..1. -. 1 ! 1 1 1 1 - - - 4 .. - L - .. i. ._ 1 1 1 1 1 1 --1.- ,. 1 i 1 �..1 � =- 1 1 - 4 - - 1 1 -= 1+-... - 4- 1 1 1 —. ". - - J I mi. J �r— ,ACCEPTED FOR FILING-.IN=_THE-OFFICE. OF .-T-HE_.BTATE ENGINEER OF COLORADO ON THIS DAY OF , 19 T. WELL LOCATION CRCri P Id County . yv.. 1/4 5 E 1/4, sec. R. S'SW , P M. Ground Water Basin Water Management District Domestic wells may be located by the following: LOT , BLOCK SUBDIVISION State Engineer WELL LOG Ground Elevation Type Drilling LQG AT:iP HISTORY From J To Type o Material `1�' I Water Loc. Perf. D 70 . ._ rFr. jjl G -P a ve ! d al//'D . '. _. �_ 7° /16 €9,4 • Use additional paper if necessary to cbmplete log and- attach. State of Colorado County of ss Date Started Date Completed WELL DATA .//24f►%47 0//),/ C / Holepeter: (+rin. from C) ft. to _ /40 ft. in from ft to ft. in. from' ft to _ ft. CASING RECORD Cemented from rr--� • Plain Casing Size__C_, ki ~0 'from 10ft. to fro ft. Siz ��kind� from .f._«t. to_f_CL__ ft. Size , kind from ft to ft. Perfoated Casing Size kind_ /t , from 90 ft. to /Z ft. Size , k{fi$ e 11° frf�m ' ft. to l ft. Size , kind,__ from ft. to ft. TEST DATA / Date Tested 7 L` 6 Type of Pump Length of Test Constant Yield / 9 J • Drawdown PUMP DATA (To be filled i ) Type of Ptinip s-c'b` Outlet Size Driven by e -MC Horsepower / - ITH TO WATER WELL DRILLERS STATEMENT TOTAL DEPTH says: he is the driller of the above 'described well; he has ead e above m • at}d statement, knows the content thereof, and the same is true of his own knowledge /3o being duly sworn, deposes and Subscribed and sworn to before me this My Commission expires , 19 day of , 19 Notary Public FORM TO BE MADE OUT IN QUADRUPLICATE: Original WHITE (both sides) & Triplicate GREEN Copy must be filed with the State Engineer within 30 -days after well is completed. Duplicate PINK copy is for the Owner & YELLOW copy for the Driller. WHITE FORM MUST BE AN ORIGINAL COPY ON BOTH SIDES AND SIGNED. WRQ -S -b6 STATE OF COLORADO A PERMIT TO APPLICATION FOR: A PERMIT TO L/ OTHER Application must be completed satisfactor USS GRQUND WATER CONSTRUCT A WELL ily before acceptance LOCATION OF Sty *, PRINT OR TYPE APPLICANT ftoietisoi heterdseW Street Address City LL State Ag it 15 OA in Use of ground water '_ ed/4.c Owner of land on which well is located /fit Number of acres to be irrigated,_ Legal - Legal description of irrigated land Other water rights on this land Owner of irrigated land Aquifer(s) ground wl,pr is to from e be obtained ESTIMATED WELL DATA Est. quantity of --ground=water to be claimed: Est. Max. Yield- /0 GPM or CFS Est. average annual amount to be used in acre -feet -- Storage capacity AF Anticipated start of drilling Hole Dialn ter: (, (lin. from. 4) ft. in. from ft. " 197 to f 3b ft. to f t . ,Casing: � - - Plain a/in.Jrdn_ to'} ft. to ,70 ft. in. from ft. to ft. Perf.fin. from $Po ft. to IS -0 ft. in. from ft. to ft. PUMP DATA: Typeei=i0 HP Outlet Size / This application approved PERMIT NUMBER 31594 JUL.2 41967 DATE ISSUED COUNTY V 11 J 24 135Z ' i,V4y 11 �Lu'LRADO WELL STATE E1V(,IN Id sec. , R. Ng LA) Ground Water Basin Water Management District 35 P.M. USED-IAGRAM ON THE BACK OF THIS SHEET TO LOCATE WELL. Dr 111 ceC f'��e A) %Die/�j C �J No. c3Crg Driller's �/ Address( '/V(.A)b oa 1 (701/4) (OVER) ) Signature of Applicant ev CONDITIONS OF APPROVAL This application approved CONDITIONAL PERMIT N0. (Permit good for one (1) year after date of issuance) DATE ISSUED Chairman Ground Water Commission by THE LOCATION OF THE PROPOSED WELL SHALL BE SHOWN ON THE DIAGRAM BELOW, THE LOCATIOf. WILL BE INDICATED BY THE DISTANCES FROM THE SECTION LINES, OR THE DISTANCE AND BEAR- ING FROM GOVERNMENT SURVEY CORNERS OR MONUMENTS. IF WELL IS FOR IRRIGATION, THE AREA TO BE IRRIGATED MUST BE SHADED OR CROSS -HATCHED, Domestic wells may be located by the following: Lot Block Street Address Subdivision or City The diagram represents nine (9) sections. Use the center square (section) to Indicate the location of the well. THE SCALE OF THE DIAGRAM IS TWO INCHES EQUALS ONE -MILE + - 0 - AL II i• THE SCALE OF THE DIAGRAM IS TWO INCHES EQUALS ONE -MILE Form No. GWS -11 3/2003 STATE OF COLORADO OFFICE OF THE STATE ENGINEER.�,�^ 818 Centennial Bldg., 1313 Sherman St., Denver, CO 80203 (303) 866-3581 Fax (303) 866-3589 For Office Use Only �� f = OCT i `a ?,-,F S Si C4 • ,'"'..,Q' n lJ J l tJ ._. 4 �. "'"' ' f C4 [ �L"� Y " CHANGE IN OWNERSHIP/ADDRESS CORRECTION OF THE WELL LOCATION Insert the Well Permit Number 31594 , Name. address and phone of the person claiming ownership of the well: NAME(S) Mailing Address C' St. Zi City, Phone ( IRMW, L.L.C. C/o William kl. Rice, Manager 1058 County Road 100 (P.O. P�gx 12V) p Carbondale, CO 81623 970 ) 963-8600 This form is filed by the named individual/entity claiming that they are the owner of the well permitted as referenced above. This filing is made pursuant to C.R.S. 37-90-143. WELL LOCATION: County Garfield Owner's Well Designation IC Well 1058 County Road 100, CarhondA1P, Cn 81623 (Address) (City) SW 1/4 of the SE 1/4, Sec. 35 ,Twp. 7 ❑ N. or ®S., Range l (State) (Zip) or W., 6th P.M. 0 88 E. Distance from Section Lines Ft. Ft. From ❑ E. or ❑ W. Line. From 1 N. or U S., Subdivision Name N/A Lot , Block , Filing/Unit The above amended ❑ Correction May 17, listed owner(s) say(s) that he, she (they) own the well described herein. The existing record is being in name of owner [1 Change in mailing address permitted prior to May 8, 1972 and non-exempt wells permitted before for further information regarding correction of the well location. for the following reasons: ifi Change of location for exempt wells 1965. Please see the reverse side (we) claim and say that 1 (we) (are) the owner(s) of the well described above and that the commencement of extraction of ground water from this well, lawfully made under the well permit, occurred on the date indicated, and that the statements made herein are true to my (our) knowledge. Please print the Signer's Name & Title William W. Rice Signature(s) of the new owner. ��A ,"l��t.4. Date / /a ✓ 0.3 October 22, 2003 Manager It is the responsibility of the new owner of this well to complete and sign the form. Signatures of agents are acceptable if an original letter of agency signed by the owner is attached to the form upon its receipt. For Office Use Only ACCEPTED AS A CHANGE IN OWNERSHIP AND/OR MAILING ADDRESS. 74/ 2 ", q®. rr e ��/�/ �,+� W . ,� It --;-(g3 ' State Engineer By Date EXCHANGE AGREEMENT This EXCHANGE AGREEMENT is made and entered into this 6th day of October, 2016, by and between IRMW LLC ("IRMW"), c/o William Rice, as Manager and Member, P.O. Box 1252, Carbondale, CO 81623; Paul R. Nieslanik and Celia R. Nieslanik (hereinafter "Paul and Celia"), 481 County Road 100, Carbondale, CO 81623; and Timothy M. Nieslanik and Laura Nieslanik (hereinafter "Timothy and Laura"), 534 County Road 100, Carbondale, CO 81623. The Nieslanik parties are sometimes collectively referred to as the "Nieslaniks". WHEREAS, IRMW and Paul and Celia own properties along, and across from each other on, County Road 100; and WHEREAS, the IRMW property contains approximately sixty (60) acres, and is described as Assessor's Parcel No. 2393-354-00-056; and WHEREAS, Paul Nieslanik owns the Mineral Spring and Ditch water right adjudicated in Civil Action Number 5884 on November 5, 1971 for 2.5 cfs for domestic, irrigation and stock water purposes; and WHEREAS, the spring is located on a 35 -acre parcel of property owned by Timothy M. Nieslanik, described as Assessor's Parcel No. 2393-353-00-053, in close proximity to the IRMW property which is in need of a physical supply of water for its property; and WHEREAS, Timothy and Laura own a two -acre parcel of property along County Road 100 at 534 County Road 100, described as Assessor's Parcel No. 23963-353-00-062 ("Nieslanik CR 100 Property") which is located adjacent to and west of IRMW's property and which shares a common driveway with the IRMW property, but which driveway is located solely on the IRMW property; and WHEREAS, the Nieslanik CR 100 Property has a 20 -foot wide access easement, described in a Deed recorded in Book 842 at Page 322 of the Garfield County records, which easement is contained within the common driveway proposed herein; and WHEREAS. IRMW is willing to do a lot line adjustment with the Nieslanik CR 100 Property to transfer to Timothy and Laura one-half (1/2) of the common driveway property and additional property, as generally shown on attached Exhibit A and Exhibit B, containing 0.149 acres more or less ("Lot Line Adjustment Property"), and to construct a road over the location of its new water pipeline, in exchange for fifteen (15 GPM) gallons per minute (0.033 cfs) of the Mineral Spring and Ditch water right from Paul and Celia; and WHEREAS, the parties desire to set forth their agreement in writing. 1 NOW THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Lot Line Adjustment Approval. IRMW, at its sole expense, shall use its best efforts to obtain approval of a lot line adjustment between the Nieslanik and IRMW property, as generally shown on Exhibit A and Exhibit B, attached hereto and incorporated herein by reference. The lot line adjustment is intended to create the common lot line between the two properties on the centerline of the common access driveway. Nieslaniks agree to support this approval at no cost to Nieslaniks. Such approval shall be on such terms and conditions as are approved by IRMW and as Timothy and Laura shall mutually agree. IRMW shall reserve an access easement thirty (30') feet in width located west of the east property line of the Lot Line Adjustment Property, as generally shown on Exhibit A and Exhibit B. Timothy and Laura and IRMW shall execute any documents reasonably required by Garfield County in connection with the lot line adjustment process and approval. 2. Conveyance of Mineral Spring and Ditch Water Right to IRMW; Responsibilities of the Parties. Upon approval by Garfield County of the lot line adjustment set forth in Paragraph 1 above, IRMW shall record the lot line adjustment plat, and Paul and Celia Nieslanik shall simultaneously deliver to IRMW a Quitclaim Deed conveying to IRMW fifteen (15 GPM) gallons per minute (0.033 cfs) of the Mineral Spring and Ditch water right. IRMW shall only use the Mineral Spring and Ditch water right on the 2.097 acre parcel referred to in Paragraph 6, below. IRMW shall have the right to connect a pipeline to the existing pipeline owned and used by Paul and Celia in a location southwest of IRMW's Subdivided Parcel on the Nieslanik CR 100 Property and the Tim Nieslanik 35 -acre parcel, in the location shown generally on Exhibit A, which pipeline shall be owned, constructed and maintained by IRMW at its sole expense. Timothy Nieslanik agrees to grant an easement for the pipeline, once constructed, to IRMW twenty (20) feet in width (ten (10) feet on each side of the pipeline. IRMW shall fully restore and remediate the Nieslanik CR 100 Property and Timothy Nieslanik's property after installation of the pipeline within thirty (30) days, and shall construct a gravel road over the area of such pipeline which road may be used by Nieslaniks for the purpose of access. IRMW shall also construct and maintain at its expense a holding tank, located entirely on its property, approximately 3,000 gallons in size to utilize the water for its purposes. The holding tank shall overflow excess water back to the Mineral Spring Ditch. IRMW shall also install at its expense a flow restrictor pursuant to the direction of a Colorado professional engineer in the pipe as it exits the holding tank to insure that IRMW only utilizes a maximum of fifteen (15 GPM) gallons per minute. Paul and Celia shall own, operate, maintain, repair and replace the diversion structure and the Paul Neislanik pipeline at its sole expense. IRMW agrees and acknowledges that Timothy and Laura also utilize the Mineral Spring and Ditch for domestic purposes on the Nieslanik CR 100 Property, and Paul and Celia utilize the water right for domestic purposes, irrigation and stock watering on their property north of County Road 100. IRMW agrees to not interfere at any time with the proper use by the Nieslaniks of their Spring, Ditch, pipeline or other water structures, and to indemnify and hold harmless the Nieslaniks from any loss, damage or injury caused by IRMW in the installation, operation, maintenance or repair of its pipeline or holding tank. 2 3. Use of the Water by IRMW. IRMW may use the water right for its decreed purposes on the 2.097 acre parcel referred to in Paragraph 6, below. IRMW may also, at its sole expense, obtain a water allotment contract from the Basalt Water Conservancy District ("BWCD") to allow IRMW to use the water for commercial purposes on the IRMW Subdivided Parcel. Such use shall be pursuant to the BWCD augmentation plan decreed in Case No. 02CW77 (Water Division No. 5). IRMW shall not change the Mineral Spring water right decreed uses or point of diversion. Nieslaniks shall not oppose IRMW obtaining such BWCD contract or IRMW's commercial use, provided that the maximum physical flow of water of 15 GPM contained herein is not exceeded. 4. Use of Common Access Easement. As generally shown on Exhibit A, the lot line adjustment plat will dedicate a sixty (60') foot common access easement ("Common Access Easement"), thirty (30') feet on each side of the new common lot line between the IRMW Subdivided Parcel and the Nieslanik CR 100 Property for the benefit of both properties. The parties shall share equally in the costs of maintenance, repair and replacement of the road within such common access easement. Timothy Nieslanik may also use the common access easement to access his 35 acre parcel. IRMW and Timothy and Laura agree that a sixty (60') foot access easement for the benefit of Ute Electric and its successors and assigns already exists on the proposed Common Access Easement pursuant to the instrument recorded in the Garfield County Records as Reception Number 304903. 5. Termination If Conditions Precedent Are Not Satisfied. The approval of the lot line adjustment required by Garfield County as set forth in Paragraph 1 above is a condition precedent to the implementation of this Exchange Agreement. In the event such approval is not obtained by December 31, 2016, then this agreement shall be null and void and of no further force and effect. 6. Subdivision of the IRMW Property. IRMW intends to create the 2.097 acre parcel labeled as Parcel 1B on attached Exhibit A through the Garfield County land use process. Nieslaniks agree not to oppose such approval. Approval of IRMW's subdivision application shall not be a condition precedent to this Exchange Agreement. 7. Realignment of the Nieslanik pipeline. With the prior written consent of Paul and Celia Nieslanik, which consent shall not be unreasonably withheld, conditioned or delayed, IRMW at its sole expense may realign the Nieslanik pipeline as it traverses the IRMW Parcel to a location along the western and southern edge of the IRMW property as generally shown on Exhibit A; provided however, the realignment shall not interfere with the delivery of water to Paul and Celia Nieslanik and shall exit the IRMW property in the same location it has historically. 8. Attorney's Fees and Costs. In the event of any action taken or litigation commenced to enforce this agreement, the substantially prevailing party shall be entitled to reasonable attorney's fee and costs. 9. Binding Effect. This agreement shall be binding upon and inure to the benefit of the parties and their heirs, successors and assigns of the parties. 3 10. Entire Agreement. This agreement constitutes the entire agreement and understanding of the parties with respect to the subject matter hereof. 11. Cooperation. The parties shall cooperate to carry out the terms, conditions and intent of this agreement. 12. Covenants Run with Land. This agreement, and the easements, covenants and restrictions granted herein shall run with the land of the parties hereto, and be binding upon the parties and their heirs, successors and assigns. 13. Notices. Any notice required or permitted to be given hereunder must be in writing and will be deemed given upon personal delivery or on the second business day after the mailing thereof, by registered or certified U.S. mail, postage prepaid to the appropriate party at the following addresses: TO: Paul and Celia Paul and Celia Nieslanik 481 County Road 100 Carbondale, CO 81623 TO: Timothy and Laura Timothy and Laura Nieslanik 534 County Road 100 Carbondale, CO 81623 With copy to counsel Kerst & Strautman P.C. for Nieslaniks: 823 Blake Ave., Suite 202 Glenwood Springs, CO 81601 TO: IRMW, LLC IRMW, LLC c/o William Rice, Manager P.O. Box 1252 Carbondale, CO 81623 With copy to counsel for IRMW: Loyal E. Leavenworth Leavenworth Consulting LLC P.O. Box 1530 Carbondale, CO 81623 [The balance of this page left intentionally blank] 4 IN WITNESS WHEREOF, the parties have executed this Exchange Agreement on the date first written above. IRMW LLC a✓ By: William Rice, Manager and Member PA L R. NIESL NIK CELIA R. NIESLANIK Cez.f,,— 14/ TI THY M. NIESLANIK flv& `LAURA NIESLANIK STATE OF COLORADO ) )ss. COUNTY OF (1 ri.c-ve t ) The foregoing instrument was acknowledged before me this (0 day of by William Rice, as Manager and Member of IRMW LLC. WITNESS my hand and official seal. PUBLIC ,$) OF COQ-.. 5 Notary Public 0 cyber , 2016, My Commission expires: ( - 0 , C) STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this 1p`I'L-day of by Paul R. Nieslanik. WITNESS my hand and official seal. ASHLEIGH O'LEARY NOTARY PUBLIC STATE OF COLORADO NOTARY ID # 20094042058 MY COMMISSION EXPIRES DECEMBER 22. 2017 STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) , 2016, Zit -0 My Commission expires: 1•C) ►7 The foregoing instrument was acknowledged before me this day of by Celia R. Nieslanik. WITNESS my hand and official seal. ASHLEIGH O'LEARY NOTARY PUBLIC STATE OF COLORADO NOTARY ID # 20094042058 MY COMMISSION EXPIRES DECEMBER 22, 2017 STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD Notary Pu l# c 4 My Commission expires: 1'x•29. 17 GA) , 2016, The foregoing instrument was acknowledged before me this (r day of CA),,a91( , 2016, by Timothy M. Nieslanik. WITNESS my hand and official seal. ASHLEIGH O'LEARY NOTARY PUBLIC STATE OF COLORADO NOTARY ID # 20094042058 MY COMMISSION EXPIRES DECEMBER 22, 2017 6 Notary Pub My Commis ' n expires: 6a a 3-11 STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this ( ` day of 4)24-' , 2016, by Laura Nieslanik. WITNESS my hand and official seal. 1 ASHLEIGH O'LEARY NOTARY PUBLIC STATE OF COLORADO NOTARY ID # 20094042058 MY COMMISSION EXPIRES DECEMBER 22_2017 7 '-1V otary Pu My Commission expires: j a •2S •aa r 7 Exhibit "A" Exhibit "B -I" fts 4 •` �n W ni O c •` O 0 ri ++ w •C , oo s 00 0 C � C O re Ct. in U) H TRANSFER PARCEL W a N y hflr � 'o CL aD<l#P a..7.3.4Ebri c5. i 2 rgtal �.�C� too tt�� Z 4t i e0 e� y O tmm sar IijpPP '0 gtatital�N3, 14 Eliao g V 11-alOli '5 N a �t! eo 'c y- eo eo 5 E 8-t2E8• c._d.4od c • €i44—o4$ o o ao m• d 'o eo.,.'tDn ;4$s o it d aEDrn• in' 1 latt,”518 ,i ego 9i N 0 8 8,E01...5 tn� z '5 Wccial .10-4E1. c E E 13 'c 31 g '0 e0 1az.01m4492E 46-01 s E eOc0--0 '`• en en2E-Nclv•+ w °iiii� Wm E -- wz ^'11 C - ay e, �l7 .� N 1j u N c m to e� al t`� — u. 4��j$Z•r o '1'1,405 C p8 is-� � • eo y Z t C c Ern t4 /0 Omlu p c—`27! o c E Ne CO a4.+ '3,a'0LL Wm2 Vf E4) OBJ golf tmi o , a InoeTN Et_ --51- a C d— 3 ONmm EtcZ S c W 0 momm oe°EF5 „05.13— uZmawdomes 777eRrl Containing 6,473 square feet or 0.149 acres, more or less. 0 W W z z W a 0 3 O Ogi gal iz EgMl gMix 21=81 PRMN z�6 SWaZei oto ;ciao 11— W F O 0 6WEI Exhibit "B-2" Access onto Parcels 1A & 1 B IRMW Measurement information Classification Section width Surface Shoulders Lot 1B - Primitive/Semi - Primitive?? 16 — 18 ft Compacted Gravel/road base 2' gravel on east side. None on private property Lot 1 A — off 100 RD ?? 26 ft 3" Asphalt 2 ft. Lot 1 A — Onto Private Property ?? 20 ft 6 "" Asphalt 6" on north; 3 ft on south Lot 1A Access - from 100 RD towards RFTA 1 Lot 1A - on Private Property — Lot 1B - From RFTA to site Lot 1B - Onto Private Property d 13.3 §§ (_ 0 E • ;I0E -RIE Eƒ\(/ Wecgil 0303 0340\\ 66 co co ( k \\§)k } -( :1V1O10NV21O 030Nf1O21 :1e1o1 PueJO ) 10 b LA 0 43 43 c §/ ee, §Ga go -A. -go atani /00a/ 03 2¥88( 5¢g(([ „ages 000000 8@8@98 03 43 co EE <(\ caffo Ea§ 000 §§§ ,JR 2E( nnn § o00 $§$ En s�dlol aor )}§k§ ££ 00 ° §$<m)t�d2 M§— 00>zmo r•,omo242ro-•mc••zc•o £=;=,zzi=-cm=P=3&§=ogPZI CO af CO 60 01 on co § § \ f \ CO A 0 00 k 8 8 k 8 2 1s001el4aleW sJnoH ueyy 2 k k -I 2E» kg;* 9930 /§03§ >z ZO /( ]0 0 ] Estimating Engineer: ALLEN GOAD aLVW11S3 90f s C.) o _o U1 1 i• rarl U s -7.a xOw X"t - 7 Z a on e u m X W c 0 U 0 J w L Q 0 W/O #:22552 co a) 0 co CI - a) crin 0, o w "5 O o w U aw L J O O Q U ui c cd o z a)o.0 CO -I co w U .E > o c