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Home My WebLink About1.0 ApplicationVelasquez Minor Subdivision Parcel ID# 2393-103-00-047 3064 County Road 113 Garfield County, Colorado November 17, 2016 Prepared by: The Land Studio , Inc . 365 River Bend Way Glenwood Springs ; CO 81601 Phone 970-927-3690 landstudio2@comcast.net Prepared for: Kim & Robert Ve fasquez Robert Lee & Ida Mae Beasley Robert Ross Velasquez Table of Contents TABLE OF CONTENTS ................................................................................................................................... 3 PRE-APPLICATION CONFERENCE SUMMARY ................................................................................. 5 APPLICATION FORM ................................................................................................................................ 9 OWNERSHIP INFORMATION ................................................................................................................ 11 PROPERTY OWNERS WITHIN 200' ..................................................................................................... 16 ADJACENT PROPERTY OWNERS MAP .............................................................................................. 17 PROJECT DESCRIPTION ........................................................................................................................ 18 VICINITY MAP .......................................................................................................................................... 19 EXISTING CONDITIONS PHOTOS ....................................................................................................... 20 SITE PLAN~ANDSCAPE PLAN ............................................................................................................. 21 GRADING AND DRAINAGE PLAN ........................................................................................................ 21 IMPACT ANALYSIS .................................................................................................................................. 22 IMPROVEMENTS AGREEMENT ...•.......•............................••..•••........•....••......•••••••••.....•••..••.............••... 24 WATER SUPPLY AND DISTRIBUTION PLAN .................................................................................... 24 WASTEWATER MANAGEMENT AND SYSTEM PLAN .................................................................... 24 MINOR SUBDIVISION REVIEW ............................................................................................................ 24 FIN AL PLAT ............................................................................................................................................... 25 DIVISION I. GENERAL APPROVAL STANDARDS ........................................................................... 26 7 -101.ZONE DISTRICT USE REGULATIONS ............................................................................................... 26 7 -102. COMPREHENSIVE PLAN AND INTERGOVERNMENTAL AGREEMENTS ............................................... 26 7-103.COMPATIBILITY .............................................................................................................................. 26 7-10-i.SOURCEOFWATER ........................................................................................................................ 27 7-105. CENTRAL WATER DISTRIBlITION AND WASTEWATER SYSTEMS .................................................... 27 7-106. PUBLIC UTILITIES ........................................................................................................................... 27 7-107. ACCESS AND ROAD\VAYS ............................................................................................................... 27 7-108. USE OF LAND SUBJECT TO NATURAL HAZARDS ............................................................................. 27 7 -I 09. FIRE PROTECTION ........................................................................................................................... 27 DIVISION 2. GENERAL RESOURCE PROTECTION STANDARDS .............................................. 27 7-201. AGRICULTURAL LANDS .................................................................................................................. 27 7-202. WILDLIFE HABITAT AREAS ............................................................................................................ 27 7-203. PROTECTION OFWATERBODIES ...................................................................................................... 27 7-20-i. DRAINAGE AND EROSION ............................................................................................................... 27 7-205. ENVIRONMENTAL QUALITY ............................................................................................................ 28 7-206. WILDARE HAZARDS ....................................................................................................................... 29 7-207. NATURAL AND GEOLOGIC HAZARDS .............................................................................................. 30 7-208. RECLAMATION ................................................................................................................................ 30 DIVISION 3. SITE PLANNING AND DEVELOPMENT STANDARDS •............•••••..•••..••••.•••.•.....••... 30 7-301.COMPATIBLE DESIGN ..................................................................................................................... 30 7-302. OFF-STREET PARKING AND LOADING STANDARDS ........................................................................ 30 7-303. LANDSCAPING STANDARDS ............................................................................................................ 30 7-30-i. LIGlfTING STANDARDS ................................................................................................................... 30 7-305. SNO\V STORAGE STANDARDS ......................................................................................................... 30 7-306. TRAIL AND WALKWAY STANDARDS .............................................................................................. 30 DIVISION 4. SUBDIVISION STANDARDS AND DESIGN SPECIFICATIONS ............................... 30 7-401. GENERAL SUBDIVISION STANDARDS ............................................................................................. 30 3 7-402. SUBDIVISION lOTS ........................................................................................................................ 30 7-403. SURVEY MONUMENTS ................................................................................................................... 30 7404. SCllOOL LAND DEDICATION .......................................................................................................... 30 7-40.S. TRAFFl C IMPA CT FEES ................................................................................................................... 31 ExHIBITS: .................................................................................................................................................. 32 • I I 4 Pre-Application Conference Summary cE Garfield County Community Development Department 108 8'h Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-count \'.com TAX PARCEL NUMBER: 2393-103-00-047 DATE: March 31, 2016 OWNER: V ELASQUEZ, TINA KIM & ROBE RT CL AY & ROB ERT ROSS & BEASLEY, ROBERT LEE & IDA MAE REPRESENTATIVE: Doug Pratte PRACTICAL LOCATION: Cattle Creek TYPE OF APPLICATION: Minor Subdivision I. GENERAL PROJECT DESCRIPTION Applicant seeks to subdivide a 10.95-acre parcel zoned Rural into two separate lots. The site is accessed by CR 113 (Cattle Creek Road) from SH 82. Applicant proposes to provide water via a well and will be required to demonstrate adequate legal water to serve the two Jots by providing copies of well permit(s) from the Division of Water Resources. Pump testing and water quality analysis will be required to demonstrate adequate physical water to serve the two lots. If a shared well scenario is proposed the Applicant will be required to design and construct the water distribution system. Sufficient information will be required to demonstrate adequate wastewater treatment can be provided to serve the two lots. This may be satisfied by providing an engineer statement regarding the suitability of the soils for an Onsite Wastewater Treatment System (OWTS) or providing documentation on the construction of an existing OWTS. The latter information would include a determination on whether the soils are suitable for an additional OWTS. Analysis of the proposal based upon the Comprehensive plan is required, with demonstration of the proposal being in general conformance with the Plan. The Future Land Use Map (FLUM) designates this area as Residential Low Density which requires 10-acres per dwelling unit. Other criteria include identification and mitigation of potential hazards, engineering improvements required by the subdivision, an Improvements Agreement as necessary, satisfaction of impact fees for School Land Dedication and road impacts, compliance with minimum County standards, a site plan and a Final Plat compliant with Section 5-402 F. of the ULUR. 5 II REGULATORY PROVISIONS APPLICANT I U RED TO ADDR • Garfield County Comprehensive Plan 2030 • Garfield County Land Use and Development Code, as amended o Table 4-102, Common Review Procedures and Required Notice; o Table 5-103 -Common Review Procedures and Required Notice; o Section 5-301-Minor Subdivision; o Sections 5-401-Application Submittal Requirements; o Section 5-402 -Description of Submittal requirements o Article 7, Division 1, 2, 3 and 4. The review process shall follow the steps as contained in Table 4-102 and Section 4-103, Administrative Review. 1. Pre-application Conference; 2. Submittal of application materials (3 copies and 1 CD); 3. Review for Technical Completeness (10 days). If not technically complete (NTC) then applicant has 60 days to resolve the issues; 4. Determination of technical completeness; 5. Schedule Director Decision Date; 6. Complete notice requirements; 7. Submit additional copies for referral review; 8. Evaluation by Director/Staff Review/Referral Agency Review; 9. Director Decision issued; 10. Notice provided to Board of County Commissioners for consideration of call-up (10 days); 11. If no call-up is requested, plat and conditions can be finalized and signatures obtained; 12. Obtain BOCC signature and record the plat (recording fees will apply). IV SUBMITTAL E UI Please refer directly to Table 5-401 for submittal information which are summarized below: • 4-203.B General Application Materials o Application form and fee; o Agreement to pay; o Demonstration of ownership -Deed; o Title Commitment; o Statements of Authority, if necessary; o Letter of Authorization, if necessary; o Names and mailing addresses of mineral owners of subject site; o Names and mailing addresses of owners of property within 200 feet of subject parcel; o Assessor map indicating those properties within 200' by parcel number; o Project Description. • 4-203.C Vicinity Map; 6 2 • 4-203. J Development Agreement, if applicable; • 4-203.K Improvements Agreement, if applicable; • 4-203.M Water Supply and Distribution Plan; • 4-203.N Wastewater Management and System Plan; • 5-402.E. Final Plan Map (similar to a site plan); • 5-402.F. Final Plat 24" x 36" Note: Plat should be prepared by a licensed surveyor and should include all easements or other encumbrances on the property. A title commitment is a good way to ensure this information is complete and correct. Any new easements as a result of the subdivision should be shown on the plat. • Codes, Covenants and Restrictions ; • Engineering Reports -details in 5-402: o Roads, Trails, Walkways and Bikeways (if any); o Sewage Collection and Water Supply and Distribution System; - A waiver may be appropriate depending on proposed water supply plan. o Groundwater Drainage. o Preliminary cost estimates for improvements • Response to standards in Article 7, Divisions l, 2, 3 and 4-this includes items such as verification of the adequacy of the roadway (in relation to section 7-107) standards as well as calculation and payment of school and road impact fees. • Waiver requests -The Applicant may request waiver of certain submittal requirements upon demonstration that the waiver complies with Section 4-202. Submit three paper copies and one electronic copy of the application. Additional copies may be requested upon determination of completeness. See the land use code for additional information on submittal requirements. V. APPLICATION REVIEW a. Review by: b. Public Hearing: Director, Staff and referral agencies X None (Director's Decision} unless Called-Up. _Planning Commission _ Board of County Commissioners _ Board of Adjustment Though no public hearing is required, the applicant is required to mail notice (Certified Mail) at least 15 days prior to the date of the Director's Decision to all Adjacent Property Owners with 200 feet and Mineral Owners of Interest on the subject parcel. The mineral ownership mailing is required to provide a return receipt for the Certified Mailing. c. Referral Agencies: May include Colorado Geologic Survey (fee), Garfield County Road and Bridge Department, Carbondale Fire Protection District, Garfield County Designated Engineer (fee), State of Colorado Division of Water 3 7 Resources, Vegetation Manager, County Surveyor (fee), and others as may apply. VJ. APPLICATION REVIEW FEES This application will be subject to the following fees and deposit requirements: Planning Review Fees: Referral Agency Fees: County Surveyor: County Engineer: Recordation: Total Deposit: $ 400.00 Check made out to County Treasurer $ Plus any additional Staff time charged at staff hourly rate of $40.50 $ 600.00 Check made out to Colorado Geologic Survey $TBD $TBD $TBD $400.00 and $600.00 G IA r f P . Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre-application Summary Prepared by: March 31, 2016 Kathy Eastley, AICP Date 4 6 Application Form c:E Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, co 81601 (970) 945-8212 www.garfield-county.com TYPE OF SUBDIVISION/EXEMPTION ii Minor Subdivision Major Subdivision D Sketch D Preliminary D Final Conservation Subdivision D Vield D Sketch D Preliminary D Final D Time Extension DIVISIONS OF LAND APPLICATION FORM D Preliminary Plan Amendment E::J Final Plat Amendment D Common Interest Community Subdivision D Public/County Road Split Exemption D Rural Land Development Exemption INVOLVED PARTIES ---i Owner/Applicant I K & A Velasquez, A & I Beasley, A. A.Velasquez h t 970 1618-5801 Name: P one: .... _ _._, _____ _ P.O. Box 1 Malling Address:,..--------------=~-----::-:...,,.,,.-::------ City: Carbondale state: _c_o __ Zlp code: _0_1_s2_3 ____ _ II kimmer.velasquez@gmail.com E-ma :------------------------------- Representative (Authorization Required) The Land Studio, Inc h ( 970 1927-3690 Name: ________ .....,....,......,.... _______ P one: .... _ _._, _____ _ II . dd 365 River Bend Way Ma ingA ress:_-=----,-------------='"="-------------- . Glenwood Springs CO • 81601 City: _____ -________ State: Zip Code: ______ _ I landstudio2@comcast.net E-mal:. ___________________________ ~ I PROJECT NAMEAND LOCATION - -~------------Project Name: Velasquez Minor Subdivision Assessor's Parcel Number: 23~ __ -~3-__ o_o ___ o4_7 __ 3064 County Road 113 Physical/Street Address: ______________________ _ attached Legal Description: ________________________ _ Rural 10.95 Zone District: _____________ Property Size (acres):------- 9 Project Descrjptlon Existing Use: One single family lot with one house Proposed use (From Use Table 3·403}: Two single family lots with one house on each lot oescrlpllon of Project: Applicant seeks to subdivide a 10.95 acre parcel into two separate lots. Proposed Development Area land Use Type It of Lots Single Family 2 Duplex Multi-Family Commercial Industrial Open Space Other Total REQUEST FOR WAIVERS Submission Requirements It or Units 2 Acreage 5.45 Parking 4 0 The Applicant re queslinr, a W aiver of Submission Requirements per Se ction 4 ·202. List : Seclion: Sec:tion: ____________ _ Section: Sectron: ____________ _ Waiver of Standards 0 The App licant i s requesting a Waiver of Standards per Section 4 ·118. List: Section: Section: ____________ _ Seclion: ____________ sectlon: ____________ _ I have read the statements above and have provided the required attached Information which is cor~ct and.accurate, to th)! best of my knowledge. /l:J (.~·-,J:· ,LJ,,_ /.J • .-.>·""";;:1~ -6! 11 1,._; . >_:'\·'.u 'J . \ lj ( l 1\_ =-.... ~~nature of Property q-,!ler ~-.!»-> VJ<__. /<i111\LL~~i,JJ- 0FF1c1AL USE ONLY 9 0 Fiie Number: ____ • ___ _ /(• Date Fee Paid:$ ___________ _ 10 Ownership Information 4-203.B.2 WARRANTY DEED TH IS DEED, m~de this 20th day or Fcbnilll)', 2008 , betwtcn Steven M. A1chison or the ~id Counry of Garfield and Seate or Colorado, Grantor, lllld Robert Clay Velasquez and Tina Kim Velasquei. as Joint Tenants whose legal add~ss is. 1906 Co1.1nly Ro1d I IJ, C1rbondalc CO 11623 or the ~id Counl)' ofGiulield and SIAIC ofColonido, grant«: WITNESS, 1~1 the gninlor, for and in coruklenitiot1 or the sum of ( SSI0,000.to) Five H111dred Tt11 Tlto111and dollan aod Zeto ttDIS, the receipt mid DF SSl.00 Rf $16.00 sufficiency or which is hereby acknowledged, hu granted, bmpined, sold and conveyed, and by these prcscnb does snnt. bargain, sell, convey and confmn, unto thc grantees, their heirs and assigns forever, no1 In tenancy In common but in join11cnancy, all die real properry, 1ogc1Jm with improvements, Ir any, 1it1111e, lying and bein& in the Cow11y or Gvfield and Sta te of Colorado described as follows : See .. ElthibiC A" attached hereto also known by street aad number as: TDD County Road 113, Carbondale, CO 81623 TOGETHER wilh all and s[ngu!ar the hcrediwncnu and 1ppurtcnanca thereto belonging, or in anywise apperllinin1, and the reversion and rcvcnions, remainder and remaindcn, rents, issues and profiu thereof, and all the eslalc, right, tille, Interest, claim and dl:!Mnd whatsoever or the gnnlar, either in llw Of equity, of, In and lo the above bugaincd primiscs, with the herediiamcncs and appurtcn1111:cs. TO HA VE AND TO HOLD the said premises above barpined and dcsaibed, wilh the appurtenances, unto the grantee, hit heirs and assisns rorcvcr And the granlOr, rar himscll; his heirs, and pessonal rqirc:scntalives, does covaiant, gant, bargain, and qrce 10 and wilh the JBlllCC. his heirs llld wigns, lhlt al the lime oflhc cnsealin1 and delivery of these presen1$, he Is well seized of the premises aboVI: conv~. hu good, SI.Ire, pesfea. absohac Ind indefeasible es1a1c or lnheritllnce. in law, in fee simple, and has good right, Alli power and lawful authority 10 gnnl, barpln. sell Ind convey lhe same IA mmncr and fonn as aforaaid, and !hat the same 1rc free and clear from all former llld oihu gruu, bargains, sales, liens, wii:i, IWCWTICtlts, ~ 11nd nstrictions of whatever kind or nature soever, nccpc "general tCDCes for the year 2008 and subsequenJ years: and /hose specific uceplions des cribed by reference lo recorded documents as reflected in the Tille Documenls accepted by Grantee(s) In accordance w//h Sec/ion Ba(fitle Review) of the Contract lo Buy and Sell Real Estate relating lo lht above described properf)I; distribution utility easements (including cable Tll); those specifically described rights of third parties not shown by the public records of which Grantee has actual knowledge and which were accepted by Grantee(s) in accordance with Ste/Ion Sb (Matters not shown by the Public Records) and Sec/ion Be (Survey Review) of the Contract to Buy and Sell Real Estate relating to 1he above described real property. inclusion of the property within any special taz district; and, the benefit and burdens of any declaralion and party wall ogretmtnls, if any." After Recording Return IO ' Rabcn Clay Veluquez and Tina Kim Veluquez 2906 C11Unty Road 113 Carbo~c. CO 11623 Ordci Nllmllcr IOJOJ.(.4 DGf No 921A·W•m•i,Ooal -To-1TCN111\ l'•ac I or .l 11 11111\ ll~l~JjiHHNr.Hl.t-w.~M W1Hr1'1H II RI Rec~llonll: 743476 021'ZS/2'0e DI 12 84 Pll J•.., lllborlco 2 ol 3 Roe FH S16 DO Doc F .. !!;1.Dll Q:".RF J[l.O ~' co The granlor shall and will WARRANT AND FOREVER DEFEND lhc abovc·bargaincd premises in the q11iet and peaceable possession of the grantee, his hchs and anigns, against all and every person or persons lawfully claiming the whole or any pan lhmof. The singular number shall include the plural, the plural the singular, and !he use or any gender shall be applicable 10 all gmdcn . IN WITNESS WHEREOF, lhc gn1nlor has executed this deed on the date~• rorth abo~. STATE OF Colorado COUNTY OF Garfield ) ) SS ) The foregoing instrument wu 1cknowlcdgcd before me this \ C\ ~ day of FcbNll)', 2008, by S1cvcn M. Atchison My commission expires: April 21, 2011. Wimess my hll!d ll!d official seal. ~ f~··-·g__ ~Public f"" D. FU!NGHAM ~ tlJW(f Pllil.IC ' BM OF COLOAAOO Order N111nbcr. IOJOl.C4 OOF No. 921A • W11Ta111J Deel -To 10101 Tc:nanu P11e 2al l 12 EXIDBIT"A" PARCEL I A parcel of land situated in Loi 14 of Section 10, Township 7 South, Range 88 West of the 6th P.M. described as follows: Beginning at a poinl on the Southerly line of said Section I 0, whence the South Quarter Comer of said Section JO bears South 83 degrees l0'43" Eas1 390.22 feel; thence North 83 degrees 10'43" West 351.SO feet along the Southerly line of said Section 10; thence North 00 degrees 02'32" West 714.36 feet: thence North 13 degrees 42'20" West 667.00 feet to a point on the Northerly line of said Lot 14; thence South 83 degrees 42'20" East 319.25 feet along the Northerly line of said Loi 14; thence South 13 degrees 42'20" East 593.78 feet~ thence South 04 degrees 00' I 8" East 794.90 feel to a point on the Southerly line of said Section 10, lhc Point of Beginning. COUNTY OF GARFIELD STA TE OF COLORADO AND, PARCEL2 A portion of Lot 18, Section 10, Township 7 South, Range 88 West of the 6th P.M., Garfield County, Colorado, more particularly described as follows: Commencing at an iron post and brass c:ap properly marked and found in place for the Center South 1/16 Comer of said Section I 0 (being the same as the S.E. Comet of said Lot J 8), thence North 83 degrees 16'44" West along the South line of said Lot JS, 588.45 feel to the True Poinl of Beginning~ thence along said South line ofLot 18, 319.25 feet; thence leaving said South line North l3 degrees 42'20" West 94.16 feet to the North line of said Lot l8; thence along said North line North 70 degrees 02'42" East 10.57 feet; thence along said North line along a curve to the right, having a radius of382.5S feet and a central angle of 17 degrees 57' 04 ", a dislance of 1 l 9 .85 feel; thence along said North line North 87 degn:cs 59'46" East 173.04 feel; lhcnce leaving said North line South 13 degrees 42'20" East 165.96 feet to the True Point of Beginning. COUNTY OF GARFIELD ST A TE OF COLORADO Order Numllcr IOJOJ.C4 OOF No 921A. Wtmnry Deal -T0Jo1n1 Tcrianu f'l&cloO 13 751936 07/0812008 04:34 :43 PM Page 1 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $11 .00 Doc Fee: $0.00 eRecorded SPECIAL WARRANTY DE.ED TmS D!ED, 1119dc this ~ (,}. da7 of July, 2008, bdwecn R.abm Clay Velasquez ud Tma Kim Vcl..,q~ or the Jald Collnly ar Oarllcld 111d Slate er Colorado, Orantor, a:id Tina KJm Vcl.,quez and Ro~it Cl1y Velasquez, Robert Lee Bculey, Jell M1e Bouley, and Robert Ross Velasquez, 11t Join! TcaanlS w1-lcpl adclrus b:{.lf/,O/, fl.fu. &zl /r.3f'ubn,do 9<, Co tr l->.3 of Ibo Mid COWi!)' ofOarlleld .,.t'"~t/ ofCalondo, ~; "------------1 WITNESS, lh•l lho pa:IOt, for IDd la comfda11Jaq oflho 111111 or ( SI0.00 ) Tai Dellsn 111d Z.ro u11t1, tbe 'Y"ipl Ind l\lfT!dra:7 of wl)ich 11 bcrcby aclulowlcd1cd, bu ,pWcd, berplned, said and -~ aad by Ibex prdi:ab does gnnr, ba11•iD, acll. DDllYC)' tad coafltm, UDID &he pmlleCS, lbclr bdn 1nd assipis rani-, DOI In lclllney Ill ;ommoa but In jalllt tenancy, Ill tlac real propcl1)', IO~ with lmpromDCUIS, if aay, 1lruto, ly!D1 aad beiq Ill tbc CDWll)' of Ouflcld 111d S1&1naJ Cclorldo cklcn1icd aa follow•: PARC!Ll A parcel oflnl situllcil In Lot 14 of Section ID, Township 7 Soulh, Rlnp IS West of the 61h P.M. dcscn'bcd ufoll~ Bcalnniii11t • polnl oo the Solllhcrly line of aid Section ID, wlicncc lho South Querier Comer of nld Sedion I 0 bean Soulb 83 dcpus I 0'4 3" Eut 390.22 f ect; • lhenca Hanh 113 degrea 10'43" Wen 357.50 f'cct Ilona tho SoUlherly llna 0(1Jld Secdon 10; lhcoco North 00 d•F=I 02'J2" Wert 714.36 feet; lbc:m:c North 13 daF= 42'20" Wat 667.00 f'cet to a point on the Nonhetly line of 11id Lot 14; lbcnco South 13 degrl!d 42'20' East 319.25 feet alan& tboNonhclly lino of aid Lot 14; thcnco So11th ll dcarccs 42'20• E&at '9J.78 feet; lhcnc:c Soulb 04 dogecs 00'18• East 794 .90 Ccct to• point 011 tho Southerly line or aid Sccdoo 10, the Point of Bqinaing. C:OutITY OP OARFIEU> STATE OP COLORADO AND, PARCELJ A pcntioaofLol 18, Scdion 10, Townlhip 7 Soulh, Ranae SB Wcstoflhotith P.M., Oiifield County, Colortdo, mora pe11icullfly described u follows: Conunendog at 111 ima pent alld ~ c:ap pmpetly, aiarted Ind foulld In pl.cc for the Cooter Soueh t/16 Carner of Aid Sa:tioq 10 (beiogthe eanu: u the S.E. Comcrofaald Lot 18), lhcnc:e Nmth Ill degrees 16'44" Wut along Ibo Sooth liao of md Lot 18, SSUS mt 1111ho TnJo Point of BoaiMlns; thcaco alan111id SDUth llne of lot 18, 319.2.5 feet; thcn<:e leaving said So111h lino NGl1h I J d•grei:s 42'20" Wal. 94.16 fed to the Nol1h lino or aid Lot IS; Uienco 110111 said North line North 70 dqn:a 02'42" 1!.ast 10.57 fi:ct; then" along aid North lino aloog 1 cwvo to 1he right. havin1 • nidius of382.5S feet 1111d a tcntr.11 iinglc: of 17 dcgrci:s S7' 04", • dhllncc or 119.IHecl; - thence along said North line Nor1h 17 dq:rccs S9'46" East 173.04 feet; thcnc:o lcavizig aid North line South ll degrees 42'20" E&sl 165.96 fc:c:t ta IM Tnio Polot ofBcsimlog. COUNTY OF GARFIELD ST ATE OF COLORADO 1lso known by !I~ and number as: TBD County Road t ll, C11b~ndalc. CO 11623 TOCEnlEJ\ with •II and slnaulu the bc:rcdil&nlcDlli and 1pp•rte11U1CC1 du:i=o bclo111inc, or in uywisc 1ppcauiliina. Ind Illa n:vcr:ilOD aad n:~rsloos, -~ aad ~.rems. lssves end profits lbc:n:of, aad all tbe esllte, r!pt, litJe. iaalcrcs1, dailD 1Dd demand wballonet or tho pulor. either In law or ccpill)', of, ia CICl IO Ille •bave barpiDcd pimiixs, wllb Ilic bcmtiWllCllts and~ -r•o1~i... ,...,.._, 1111J W_Caol,,..W ...... •11 14 751936 07/08/2008 04 :34 :43 PM Page 2 of 2 Jean Alberico. Garfield County, Colorado Rec Fee: $11.00 Doc Fee: $0.00 eRecorded 1'0 9.A VE AND TQ ROLD 1he nld ptttnlset ll>o"Ve bcpind 1111d described. willl the 'PP'ln~. unto tho putc:ia, his hcirJ Gd aaifns fonwr except, "gtntral uau for t/11: year 2008 and mbstqUtnl years; wuf dio.se sperific aaptiotU dor:ribed by nfuence to rtcordtd documt11l.r as reflected in the Tille Documtnls a~pttd by Grantee(:) In occorrhma with S1clion Ba(lillt R~frw) of the Contrad to 811)' oml S1U Real Erf/JU rtlating to tk aboYe ~ prop#rty: d istrlblltlon utility tasunenu (including cabu TJ?; tlr01e spedjic:t1/l)i described rights of tJilnl parties not .shown by the public ncorrls of wlrich Granite has actual knowltdtt and whiclr wen acupitd by GranlU(.t) in accorrlance wlllr Sccdon Bb {Malttn not .Jhown by 1111 Public kr:ortb) and S«tion Be (Surwy Rmtw) o/ llit: Conlrrlet to Buy and Stll Re.al £.state relatirig 10 the obow dacribtd real property. inclusion o/ tht properlJ within arry spedal ta:ic distric:J; and, the benefit and burrlar3 of any dedaralion and party wall agrtllMllls, If any.• The gnntar, f'or hi.Jmclr, his heirs, a.ad pcmmel rqm:seumtiva er sua:esson, do COYCmnl. eod agr= lhel he shall and will W ARRANI' AND fOREVBR DEFEND lhe 1bcm:.t>ugalncd ~ iii lbc qaiet a:>d peacab!c poaasfon or lhe grancr:c, hb bells and asslp, 1pinsl 111 IDCI evay pmoe or perions clalmiq lb: whole or any pan tha=f, by, aocl thn>ugh or under lhe pantot. 71ae slnplu oumbcr shall iochido lhc phull. lbe plunl lhe smaular. md the use or my gender shall be 1ppli1:able to ell 1=dm. IN STATE OFColonido ) ) JS. COUNTY OP O.r&ld ) Tbo forqoln1 iDstnuDalS was IClamfk:dpl before mo thb ~day of July, 200I, by Robert Clay Velasquez and Tina Khn Velaquez Sl.-tT111oorCo1ot:d~ ...... l'iltH.-.i I~ w ..... ., Oc=il Sc>cial MARY L. SCHEUAICH NOTARY PUBLIC STATE OF COLORADO My Commission EJllilt!S May 22. 2009 hp Zoll Property Owners within 200' and Mineral Owners and Lessees 4-203.B 2393-103-00-046 Russ & Julie Pennino 17081 Aries Drive Yorba Linda, CA 92886 2393-103-00-045 Gilbert V. Lynd Revocable Trust 2954 County Road 113 Carbondale, CO 81623 2393-103-00-048 Neal & Jean Pollack 3266 County Road 113 Carbondale, CO 81623 2393-103-00-049 Rita Overbeck 3268 County Road 113 Carbondale, CO 81623 2393-1 03-00-291 Robert Kelley 2791 County Road 113 Carbondale, CO 81623 2393-163-00-954 Bureau of Land Management 2300 River Frontage Rd Silt, CO 81652 Mineral Owners and Leasseess The following Process was followed on June 14, 2016: 1. Review of the current ownership deed for the property for mineral interests or exceptions to title. None found. 2. Review of a title insurance policy. 3. Checked with the Assessors office to determine no mineral interest has been reserved from the subject property. 4. Research of the legal description of the property with the Clerk and Recorder's computer, no other mineral owners found. 5. Research of whether a Notice of Mineral Estate Ownership was filed for the subject property, no documents found. 6. Research of any transfer deed of the mineral interest to present day, none found. 16 -..... ;-:iL1bl!c L .En:.f~ Velasquez Parcel 2393-103-00-047 10.95 acres PL I I ft;-------------.------------· J J~!>· I '~!_!j' 2393-103:~-:~~-~- ' -----11"' I I . I .ug_§· r-: ,1 t? --- ~ -.. '°i"2.3 -- ~,. - ,t7['~ ;~;,, ~ir ~•6 ' I •ii'j. <1 1 "}1{~ ' ~ (}(I 2393~~~ " / "f1 :t .( .l r -- \ "112 I 1 3 1~ .. c.I" -.... :;,~~}/ rnn 7.6 acres I - 2393-103-00-046 6.55 acres ___, ~~\-' i \ .. , :.. . r> - --, H . , ~H "' ' j ·-~--- 1 \ 2393-103-00-049- \ { \. 10.85 acres . J! ;o....,_ -? ~ ~ ~ Pu/Jiu: L -i11(/.<_; P L ! i 2393-103-00-048 u_ 11.45 acres I I Neighbooring Parcel Map Velasquez Property l .i:ii. )> N~ =m w" • Cl> ma ,, -0 "C CD ~ 0 :e ::J CD Cil :!: m "C Project Description 4·203.B The applicant is requesting a land use change permit for a minor subdivision of 2 lots on a 10.95 acre parcel of property as part of a family estate plan for the Velasquez family. There is currently one single-family home on the property. The property has direct access off of County Road 113 from which the lots will share an existing access road . The property is currently zoned Rural. The property is currently served by a water well which is permited to allow for use up to 2 residences. There is one existing septic system on-site which serves the existing home. An Additional Wastewater management system will be constructed for the new parcel. 18 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: GW63010879 Property Address: 3064 COUNTY ROAD 113, CARBONDALE, CO 81623 1. Effective Date: 04·28·2016 At 5:00 P.M. 2. Polley to be Issued and Proposed Insured: ''TBD" Commitment Proposed Insured: A BUYER TO BE DETERMINED Customer Ref-Loan No.: $0.00 3. The estate or interest In the land described or referred to in this Commitment and covered herein Is: A FEE SIMPLE 4. Title to the estate or Interest covered herein Is at the effective date hereof vested In: T fN A KIM VELASQUEZ AND ROBERT CLAY VELASQUEZ AND ROBERT LEE BEASLEY AND IDA MAE BEASLEY 5. The Land referred to In this Commitment Is described as follows: PARCEL 1: A PARCEL OF LAND SITUATED IN LOT 14 OF SECTION 10, TOWNSHIP 7 SOUTH , RANGE 88 WEST OF THE 6TH P.M . DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID SECTION 10, WHENCE THE SOUTH QUARTER CORNER OF SAID SECTION 10 BEARS SOUTH 83°10'43" EAST 390 22 FEET; THENCE NORTH 83"10'43" WEST 357.50 FEET ALONG THE SOUTHERLY LINE OF SAID SECTION 10, THENCE NORTH 00°02'32" WEST 714 .36 FEET; THENCE NORTH 13"42'20" WEST 667 .00 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 14 : THENCE SOUTH 83°42'20" EAST 319.25 FEET ALONG THE NORTHERLY LINE OF SAID LOT 14: THENCE SOUTH 13°42'20" EAST 593.78 FEET; THENCE SOUTH 04°00'18" EAST 794 .90 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 10, THE POINT OF BEGINNING . COUNTY OF GARFIELD STATE OF COLORADO AND, PARCEL2: A PORTION OF LOT 18, SECTION 10, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M., GARFIELD COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON POST AND BRASS CAP PROPERLY MARKED ANO FOUND IN PLACE FOR THE CENTER SOUTH 1116 CORNER OF SAID SECTION 10 (BEING THE SAME AS THE S.E. CORNER OF I I 33 SAID LOT 18), ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: GW63010879 Customer Ref-Loan No.: THENCE NORTH 83"16'44" WEST ALONG THE SOUTH LINE OF SAID LOT 18, 588.45 FEET TO THE TRUE POINT OF BEGINNING; I THENCE ALONG SAID SOUTH LINE OF LOT 18, 319.25 FEEr. THENCE LEAVING SAID SOUTH LINE NORTH 13"42'20" WEST 94.16 FEET TO THE NORTH LINE OF SAID LOT18; THENCE ALONG SAID NORTH LINE NORTH 70"02'42" EAST 10.57 FEET; THENCE ALONG SAID NORTH LINE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 382.55 FEET AND A CENTRAL ANGLE OF 17°57'04", A DISTANCE OF 119.85 FEET; THENCE ALONG SAID NORTH LINE NORTH 87°59'46" EAST 173.04 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 13°42'20" EAST 165.96 FEET TO THE TRUE POINT OF I BEGINNING. COUNTY OF GARFIELD I STATE OF COLORADO 1 Copyright 2006-2016 American Land Tiiie Association. All Rights Reserved The use or this Fann is restricted to ALTA licensees and ALTA members ln good standing as or the date of use. All other uses are prohibited. Reprinted under license rrum the American Land TI1le Association, -....... , ... ~··· 11 '11 I I I I I ' ' I I I 1 I I 34 Order Number: GW63010879 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 {Requirements) The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT 1 HERETO. I I I I 35 Order Number: GW63010879 Old Republic National Title Insurance Company Schedule 8-2 {Exceptions) The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, Interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed Insured acquires of record for value the estate or interest or mortgage thereon covered by this CommitmenL 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result In taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. {a) Unpatented mining claims; (b) reservations or exceptions In patents or in Acts authorizing the Issuance thereof; (c) water rights, claims or title to water. B. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED JN UNITED STATES PATENT RECORDED APRIL 17, 1923, UNDER RECEPTION NO . ll2.5J.I. 9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT, AND SUBJECT TO ROAD EASEMENT IN SAID PATENT RECORDED AUGUST 08, 1979, IN BOOK 532 AT PAGE 1.§Z. 10. ALL OIL, GAS, MINERALS AND OTHER MINERAL RIGHTS AS RESERVED IN INSTRUMENT RECORDED JANUARY 29, 1965, IN BOOK 363 AT PAGE~. AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 11. TERMS, CONDITIONS, DECLARATIONS OF RESTRICTIONS AND PROVISIONS OF DEED RECORDED AUGUST 18, 1971ATRECEPTION NO. ~AND IN DEED RECORDED JULY 20, 19731N BOOK447. 12. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 79-98 RECORDED AUGUST 29, 1979 IN BOOK 533 AT PAGE~. 13. TERMS, CONDITIONS AND PROVISIONS OF WATER ALLOTMENT CONTRACT RECORDED AUGUST 05, 2008 AT RECEPTION NO.~. I I I I 36 LandTitle f4':.A• .. trn•• cnura.-.1 -~ia.1196•- JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY· GRAND JUNCTION, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer or Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Tide Insurance Corporation and Old Republic National lide Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of rederal and state privacy laws. Information security is one of our highest priorities . We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external saleguards against unauthorized access to non-public personal information ("Personal lnlorrnation"). In the course of our business, we may collect Personal lnlormation about you from : .,. applications or other forms we receive from you, including communications sent through TMX. our web-based transaction management system ; .,. your transactions with, or rrom the services being performed by, us, our affiliates, or others • .,. a consumer reporting agency, ii such inlormation is provided to us in connection with your transaction and .,. the public records maintained by governmental entities that we either obtain directly from those entities or from our affiliates and non-affiliates. Our policies regarding the protection ol the confidentiality and security or your Personal lnlormation are as follows .,. We restrict access to all Personal lnlonnation about you to those employees who need to know that information in order to provide products and services to you . .,. We maintain physical . electronic and procedural safeguards that comply with federal standards to protect your Per sonal Information from unauthorized access or intrusion . .,. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action .,. We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Cons;stent with appl icable privacy laws , there are some situations in which Personal lnlormation may be disclosed . We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example , if we are served a subpoena; or when we suspect fraudulent or criminal aclivlties. We also may disclose your Personal l nlormation when otherwise permitted by appl .cable privacy laws such as, for example . when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as !allows.. Arly controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration ~n accordance with the rules of the American Arb"tration Association, and judgment upon the award rendered by the arb .trator(s) may be entered in any court having jurisdict~on thereof . 37 LAND TITLE GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY· GRAND JUNCTION Landlltle DISCLOSURE STATEMENTS __ ,,,,,,,, lyt.•- Note: Pursuant 10 CRS 111-11·122, notice Is hereby given lhat: A) The Subject real property may be located in a special wing disUlct. B) A certllicate ot taxes due listing each taxing Jurisdiction will be obtained lrom the county treasurer ot the county In which the real property is located or that county treasurer's aulhorized agent unless the proposed Insured provides wrinen Instructions 10 the contrary. (for an Owner's Policy ol Title Insurance pertaining to a sale ol residential real property) C) The information regarding special disllicts and the boundaries ol such districts may be obtained lrom the Board ot County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS JCl-10-406 requires that all documents received for recording or liling in the clerk and recorder's office shall contain a top margin of at least one lnch and a leh, right and bottom margin of at feast one half or an Inch. The clerk and recorder may refuse IO record or tile any document that does not conform, except that, the requirement for the lop margin shall not apply to documents using lorrns on which space is Jl(Ovicled for recording or tiling information at the top margin of the documenL Note: Colorado Oivision ol Insurance Regulations J.S-1, Paragraph G of Article vu requires that "Every llUe entity shall be responsible lot an matters which appear cl record prior to the time of recording whenever the title entity conducts the closlng and Is responsible IOI recDfding or filing cl legal documents resulting from the transaction which was closed". Provicled that Land Tiiie Guaranree Company conducts the closing ol the insured lransaclion and Is rt?Sponsible for recording the legal docurnenis lrorn the transaction, exception number 5 will nor appear on the Ownefs Trtle Policy and the Lenders Policy when Issued. Note: Affirmaiive mechanic's fien protection for the OWner may be available (typically by deletion ol Exception no. 4 ol Schedule B·Z of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commi1ment mus1 be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or malerlal·men for purposes of construction on the land described in Schedule A ol this Commitment within the past 6 months. C) The Company must receive an appropriate allidavil indemnifying the Company against un-filed mechanic's and material·men·s liens. D) The Comparty must receive payment ol the appropriate premium. El II there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior IO the Date ol the Commitment, the requirements to obtain coverage lor unrecorded liens will include disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium lully executed Indemnity Agreements satisfactory 10 the company, and, any additional 1equirements as may be necessary alter an examination of lhe aforesaid information by the Company No coverage will be given under any circumstances for labor or material for which the insured has contracted tor or agreed to pay. Note: Pursuant to CRS 1Q.11·1Z3, notice is hereby given: This notice applies to ownefs poricy commitments disclosing that a mineral estate has been severed lrom the surface estate, io Schedule B·Z A) Thal there is recorded evidence that a mineral esrate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial fikeUhood that a third pany holds some or all Interest in oil, gas, other minerals, or geothermal energy In the property; and B) That such mineral eswe may include the right to enter and use the property without the surface owner's permission. Nole: Pursuant to CRS 10.l·lZB(&)(a), II ls unlawful to knowingly provide false, Incomplete, or misleading facts or informlllion lo an insurance company tor the purpose of defrauding 01 atlempting lo defraud the company. Penalties may Include imp1isonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides lalse, incomplete, or misleading facts or lnlormalion to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a senlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. 38 Commitment to Insure ALTA Commitment -2006 Rev. OLD REPUBLIC NATIONAL TITl.E INSURANCE COMPANY. a Minnesota corporalion , (Company) for a valuable consideraoon, commits to iSsue its policy or policies of ti~e insurance, as identified In Schedule A. in favor or the Proposed Insured named in Schedule A. as O'Mler or mongagee of the eswe or intereSI 1n the land described or referred to in SChedule A, upon payment or Ille premiums and charges and compliance with the requirements: all sutJiect to the provisions ol SC!ledule A and Band to Ille Conditions ol this commitment This Commilment shall be eftective only when Ille idenbty or the Proposed lnsUted and Ille amount of the policy or policies commotted for have been inserte<I in Schedule A by the company. Afl liability and ollligation under this commitment shal l cease and terminate six months aher the Efteclive Date or ~ the policy or po~cies commiaed ror shall issue, v.tlichever first OCQJrs, provided lhat 1he lai"l.rre ID issue such policy or policies 1s not the fault at the company. CONDITIONS AND STIPULATIONS 1. The term -monaage-, when used herein, shall include deed ol trust. uust deed, or other seainry instrument. 2. ir Ille proposed l11S1Jred has or acquires 8':1!Jal kna;.iedge ol any deft!CI, lien, encumbrance, adverse claim or other maner allecting the eswe or interest or mD<111411e thereon covered by this Cc:mmi1ment other lhatl those shown in Schedule B hereof, and shall fail to disclose such kna;.iedge to Company in writing. the Company shall be reliewd ham ~ab~ity ror any loss or damage resulting from any act at reliance hereon to the extent the Company is prejudiced by r~ure to so disclose such kncMiedge . II the proposed Insured shall disclose such knowledge to the Company, ot ii the Company olherwise acqu~es actual kna.vledge or any such de rec~ lien, encumbrance, adverse claim or odler matter, the Company 81 its option may amend Sclledule B or this Commitment accordingly, but such amendment shal! nol relieve the Company from r.abir1ty previously incurred pursuant to paragraph Jal these COnditions and Stipulalions. 3. Liability ol lhe Company tnler this Commitmenl shall be only ID the named proposed Insured and such parties included under the definition or Insured in the form or policy or policies commined for and only 10< actual lou incurred in reliance hereon in undertaking in good laith (a) IO comply wilh the requ~ernenlS hereof or (b) to eliminate excepbons shO'Ml 1n schedule B, or {c) to aaiuire or create the estale or iruerest or monvage thereon covered by this COmmitment In no event shall such liability exceed the amount staled in Schedule A for the policy or policies cornmiued for and such iability is subjec1 IO the insuring provisions and the COnd1tions and Stipulations and the E•ciusions from Coverage ol the form ol policy ot policies commiued for in lavo< of lhe proposed Insured wl1ich are hereby inciorporated by reference and are made a part of this Commitment excepl as expressly modified herein. 4. This commitment is o contract 10 issue one or more trtle insurance potiCles and is no1 an abstract or btle or a repon of lhe condition al tibe. Any action or actions or sights al action lhal Ille proposed Insured may have or may bring againsl the Company arising out al lhe swus al Ille tide to lhe eslate or incerest or the swus al the mortgage thereon covered by this conmtment must be based on and are sub1ec1 to the prllllisions or this Conm1tment. 5. The policy to be issued contains an arbitration clause. All arbitrable maners when the Amount al Insurance 1s $2,000,000 or fess 51\all be aibitrated 81 the oprion of eilher lhe Company or lhe Insured as the e•cluslve reme<ly of the parties. You may review a copy or the aibitration rules 81 www.al!a.ori:. STANOARO EXCEPTIONS In add1!Klll to the maners contained in the Cond1t10ns and Slipularl0ft5 ond E•dusion.s ham Coverage above referred to, this Commiunent is also subjeci to the R1gh1S or claims ot pan1es in possession not shown by the Public Records. Easements, or claims of easements, not shov.n by the Public Records. following: 1. 2. 3. Discrepancies, connicts in boundary lines, shortage in area. encroachments, and any facts v.tloch o correcl survey or inspecbOn or the Lond would disclose and whch are not shown by the Public Records 4. 5. Any lien, or right to a lien. for services. labor or material lherelOfore or hefealter furnished. imposed by law and n01 shown by lhe Public Reco<ds. Del~. iens, enaimllrances, adverse claims or other maners. if any, cremed, first appearing in Ille Public Records ot atlaching subsequent to the eftearve date hereol but J)rior to the dace the proposed insured acquires ol record for value the estate or interest or mortgage lhereon covered by this commitment. IN WITNESS WHEREOF. Old Republic Nauonal Tiiie Insurance Company has caused its corporme name and seal to be affixed b)' its duly authorized olfieers on lhe dme shown in SChedule A to be valid when countersigned by a validating otr.cer or other authorized signatory. Issued by· , , , , 1 1 1 , 1 1 Lard nue Guaraniee company , , •,.,.,..\.. TITl.~1.',. = ~ FirSI Avenue ,• ,o.... * * 'lt.i-. • Denver. Colorado 80206 .' ;:: • "' ~ •• 303-321-1880 : ~ * (;\,. * .,. : ;>z -~... 'fi • ~ ~ t 7~·-::>* ... I')' . Flt'Jer • •• ~d-* • ,. ~o .: Pltsldtnt • • • 010 • ll~l) • ,• Authorized Ott1cer or Agent ' • , , , , 1 ~, • •' Old Republic Nabonal Title Insurance Company a Stock Company 400 second A11enue South Minneapolis. Minnesota 55401 (612)371-UU -AMUICAN !ANO TITLl .AJtOCt..\TCO"" 39 ' •, ; ..... <O . ..-; . ·s..,.,..pOf...._..,.,._. ~. _':"./' \ n __ q , ,1 if ~. r ,...."l ,. -":'\. . ..,fi ·• --,·~ -:.·,··~·-· .. \.. \ -1-"' .. •..:. '• .. -.,._,,~~-~·· .. -( \.·· ' .; .~ ~ ·-· ,_--; ~ -•• J "} ~- -.; .· ...... . .....;. •\' ... \ ~ ! .. ,.,, .. ~\ .. -· _,:--~_;:" ~~-.. ~: )\ . . ... -' -' .. -' \. f ' .. lY'elasquez Property! • . ·~-' .S-.·. .• · .. . ~ ,.. , .. ' ~ ,. ''• -.. -·-----. ,r • . ~; ---·f~ ( , 0 l \ i •".'\ '.' I : .'' ' ·', '1, ~' _;.:::----'.~:-~ ~~":.':~~-. -.c:. :·~ ·~~ ·: .. ~ : " '· ?o'~ -~;· . ' ·-t • ; 1 · • ~ ,.,)..~--/ ' --' ' --~~ .,. . . . ' ~~-·-·--------, :D I ' ···-·-;.'.~~~., .. -. ~#.~.·· I .•· :_ ~"-~-4 :/ ~::: • I '\· .. 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'. • • "<r ~·r'{ ·>~.~ :~.;,_•,,., .'·--· .... . \ .__ County Road 1131 Vicinity Map Velasquez Property 2393-103-00-047 Garfield County, Colorado ; ~ . :I. • ' -' ~< I -• Nn 0 -· w 2. o~ 3: A> "C Existing Conditions Photos Existing Residence I I Proposed Homesite I I ( I l Cattle Creek l 20 l 1 OF 1 SITE PLAN / LANDSCAPE PLAN RESEED ALL DISTURBED AREAS DUE TO ANY WATER LINE INSTATLLATION WITH NATIVE GRASS SEED. RESEED ALL DISTURBED AREAS DUE TO ANY UTILITY LINE INSTATLLATION WITH NATIVE GRASS SEED. Notes: 1. Exposure of soil to erosion by removal or disturbance of vegetation shall be limited to the area required for immediate construction operations and for the shortest practical period of time. 2. All areas disturbed during construction of utilities will be revegated with Rivendell's Native Low Grow Mix, Seeding Rate: 1/2 lbs. per 1,000 Sq. ft. FOUND B.L.M. BRASS CAP S 1/16 COR. SEC. 9/10 VICINITY MAP SCALE: 1• • 2,000' SET REBAR & PLASTIC CAP LS38215 I I I I I I I I GRAPHIC SCALE ( IN FEET ) I inch -100 fl FOUND B.LM. ALUMINUM CAP W 1/16 COR. SEC. 10/15 LOT 14 SECTION 10 NBJi!·2e•w • FOUND B.LM. BRASS CAP AS DESCRIBED 0 FOUND PROPERTY CORNER AS DESCRIBED ® SET NO. 5 REBAR & CAP LS. N0.38215 ill> SANITARY MANHOLE • v.t:LJ. <"lli UTILITY POLE/POWER POLE -OE-OVERHEAD POWER LINE (357.50') RECORD DATA FOOT PAlH • 574.37" • (t.=17"57'04") (R=3B2.55') (L=119.B5') t.=17"57'04" R=3B2.55' L=119.B6' CB=N79"01'49"W C=119.37' FOUND N0.5 REBAR ~z zo 00 od do "l. • "' 0 "' .... • • :e :e \ \ ' FOUND REBAR & PLASTIC CAP 3317 (NB7"59' 46"E) (173.04') NBB"00'21 "E 170.20' VELASQUEZ MINOR SUBDIVISION A PARCEL OF LAND SITUATED WITHIN LOT 14 AND A PORTION OF LOT 18 SECTION 1 0, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P .M. LOT 17 SECTION 10 100-YEAR FLOOD PLAIN BOUNDARY FOUND REBAR & PLASTIC CAP ILLEGIBLE z'Z oo "' ... old .... 0 ti~ • • :e :e ........ "' "' ... ~ . "' "' 0 .... . -~ FOUND REBAR & PLASTIC CAP 3317 COUNTY OF GARFIELD, STATE OF COLORADO • 390.26;<---... ~~-- - - - - FOUND GARFIELD COUNTY BRASS CAP 1/4 COR. SEC. 10/15 CERTIFICATE OF TAXES PAID lHE UNDERSIGNED, DO HEREBY CERTIFY lHAT lHE ENTIRE AMOUNT OF TAXES AND ASSESSMENTS DUE AND PAYABLE AS OF UPON ALL PARCELS OF REAL ESTATE DESCRIBED ON lHIS PLAT ARE PAID IN FULL DATED lHIS __ DAY OF ---------A.O., 2016. GARFlEl.D COUNTY TREASURER TITLE CERTIFICATE I, AN AGENT AUlHORIZED BY LAND TITLE GUARANTEE COMPANY, DO HEREBY CERTIFY lHAT I HAllE EXAMINED lHE TITLE TO ALL LANDS SHOWN UPON lHIS PLAT AND lHAT TITLE TO SUCH LANDS IS llESTED IN TINA AND ROBERT llELASQUEZ AND ROBERT AND IDA BEASLEY, FREE AND CL.EAR OF ALL LIENS AND ENCUMBRANCES {INCLUDING MORTGAGES, DEEDS OF TRUST, JUDGMENTS, EASEMENTS, CONTRACTS AND AGREEMENTS OF RECORD AFFECTING lHE REAL PROPERTY IN lHIS PLAT), EXCEPT AS FOLLOWS: DATED lHIS __ DAY OF ____________ A.O., 2016. TITLE COMPANY: LAND TITLE GUARANTEE COMPANY AGENT COUNTY SURVEYOR'S CERTIFICATE APPROVED FOR CONTENT AND FORM ONLY AND NOT lHE ACCURACY OF SURVEYS, CALCULATIONS OR DRAFTING, PURSUANT TO C.R.S. f 3&--51-101 AND 102, ET SEQ. DATED lHIS __ DAY OF -------------A.O., 2018. GARFIELD COUNTY SIURllEYOR COUNTY COMMISIONERS' CERTIFICATE BASED UPON lHE REVIEW AND RECOMMENDATION OF lHE GARFIEl.D COUNTY DIRECTOR OF COMMUNITY DEllELOPMENT, lHE BOARD OF COUNTY COMMISSIONERS OF GARFIEl.D COUNTY, COLORADO, HEREBY APPROVES lHIS MINOR SUBDll/1SION PLAT lHIS DAY OF A.O., 2016, FOR FILING 'MlH lHE CL.ERK AND RECORDER OF GARFIELD COUNTY AND FOR CONVEYANCE TO lHE COUNTY OF lHE PUBLIC DEDICATIONS SHOWN HEREON, SIUBJECT TO lHE PROVISION lHAT APPROVAL IN NO WAY OBLIGATES GARFIEl.D COUNTY FOR lHE FINANCING OR CONSTRUCTION OF IMPROllEMENTS ON LANDS, PUBLIC ROADS, HIGHWAYS OR EASEMENTS DEDICATED TO lHE PUBLIC, EXCEPT AS SPECIFICALLY AGREED TO BY lHE BOARD OF COUNTY COMMISSIONERS BY SEPARATE RESOLUTION. CHAIRMAN, BOARD OF COUNTY COMMISSIONERS GARFIEl.D COUNTY, COLORADO WTNESS MY HAND AND SEAL OF lHE COUNTY OF GARFIEl.D. ATTEST: ----------------- COUNTY CL.ERK SURVEYOR'S CERTIFICATE I, RODNEY P. KISER, DO HEREBY CERTIFY lHAT I AM A PROFESSIONAL LAND SURllEYOR LICENSED UNDER lHE LAWS OF lHE STATE OF COLORADO, lHAT lHIS PLAT IS A TRUE. CORRECT AND COMPLETE PLAT OF, VELASQUEZ MINOR SUBp!V!S!ON, AS LAID OUT, PLATIED, DEDICAlED AND SHO'Mll HEREON, lHAT SUCH PLAT WAS MADE FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME. OR UNDER MY SIUPERl/1SION, AND CORRECTLY SHOWS lHE LOCATION AND DIMENSIONS OF lHE LOTs. EASEMENTS AND STREETS AS lHE SAME ARE STAKED UPON lHE GROUND IN COMPLIANCE 'MlH APPLICABLE REGULATIONS GOllERNING lHE SIUBDll/1SION OF LAND • IN 'MTNESS WHEREOF, I HAllE SET MY HAND AND SEAL lHIS ----DAY OF -------- A.O., 2016. RODNEY P. KISER, PLS NO. 38215 COLORADO PROFESSIONAL SIURllEYOR CLERK AND RECORDER'S CERTIFICATE lHIS PLAT WAS FILED FOR RECORD IN lHE OFFlCE OF lHE CL.ERK AND RECORDER OF GARFIELD COUNTY, COLORADO, AT __ O'CLOCK ON lHIS __ DAY OF 2016, AND IS DULY RECORDED AS RECEPTION NO. ------------------ CL.ERK AND RECORDER B~ ------------------DEPUTY NOTES: 1.) BASIS OF BEARINGS FOR lHIS SUR'IEY IS A BEARING OF N13"42'20"W BETWEEN lHE NORlHEAST CORNER OF PARCEL 1, BEING A SET N05 REBAR AND PLASTIC CAP LSJ8215 AND lHE EAST ANGLE POINT OF PARCEL 1, BEING A FOUND REBAR AND ILLEGIBLE PLASTIC CAP AS SHOWN HEREON. 2.) DATE OF FIEl.D SURllEY: JUNE 22, 2016. 3.) LINEAR UNITS USED TO PERFORM lHIS SUR'IEY ~E U.S. SUR'IEY FEET. 4.) THIS SURVEY IS BASED ON RECEPTION NO. 394.389 OF THE GARFlELD COUNTY CL.ERK AND RECORDER'S OFFICE AND CORNERS FCXJND IN PL.ACE AS SHOWN. 5.) lHIS PROPERTY IS SUBJECT TO RESERVATIONS. RESTRICTIONS, COllENANTS AND EASEMENTS OF RECORD OR IN PLACE AND EXCEPTIONS TO TITLE SHOWN IN lHE TITLE COMMITMENT PREPARED BY LAND TITLE GUARANTEE COMPANY, ISSUE DATE JUNE 13, 2016 (ORDER NUMBER GW63010879). 6.) FLOOO PLAIN BOUNDARY SHOWN HEREON WERE TAKEN FROM FEMA FIRM MAP COMMUNITY PANEL NO. 080205 1470 B DA TED JANUARY 3, 1986. 7.) ELEVATIONS SHOWN HEREON ARE BASED ON NORlH AMERICAN llERTICAL DATUM OF 1988 (NAVO 88) DERlllED FROM AN NGS OPUS SOLUTION BASED ON GPS MEASUREMENTS TAKEN ON JUNE 22, 2016. 8.) OWNER OF RECORD: TINA KIM llELASQUEZ AND ROBERT CLAY llELASQUEZ AND ROBERT LEE BEASLEY AND IDA MAY BEASLEY 3064 COUNTY ROAD 113, CARBONDALE, CO 81623 9.) lHE MINERAL RIGHTS ASSOCIATED 'MlH lHIS PROPERTY MAY NOT BE TRANSFERRED 'MlH lHE SURFACE ESTATE lHEREFORE ALLOWNG lHE POTENTIAL FOR NATURAL RESOURCE EXTRACTION ON lHE PROPERTY BY lHE MINERAL STATE OWNER{S) OR L.ESSEE{S). 10.) CONTROL OF NOXIOUS WEEDS IS lHE RESPONSIBILITY OF lHE PROPERTY OWNER. 11.) ALL NEW RESIDENTIAL, AGRICULTURAL, AND ACCESSORY BUILDINGS ON NEW LOT 1 MUST COMPLY Vt11H GARFIEl.D COUNTY SETBACKS. 12.) ALL EXTERIOR LIGHTING SHALL BE DIRECTED INWARD AND DOWNWARD, EXCEPT THAT PROVISIONS MAY BE MADE TO ALLOW FOR SAFETY LIGHTING THAT GOES BEYOND THE PROPERTY BOUNDARIES. 13.) NEW FENCING ON lHE PROPERTY SHALL COMPLY Vt11H lHE COLORADO PARKS AND WLDLIFE SPECIFICATIONS FOR WLDLIFE-FRIENDLY FENCING. 14.) NO NEW CONSTRUCTION OR BUILDINGS SHALL OCCUR Vt11HIN lHE CATTLE CREEK 100 YEAR FLOODPLAIN OR FLOOOWAY. 15.) EACH LOT WLL BE REQUIRED TO COMPLETE A SITE SPECIFIC GEOTECHINCAL REPORT FOR FOUNDATION DESIGN AND TO DETERMINE IF lHE LOT HAS SOILS PRONE TO SUBSIDENCE OR SINKHOLE FORMATION PRIOR TO BUILDING PERMIT ISSUANCE. CERTIFICATE OF DEDICATION AND OWNERSHIP lHE UNDERSIGNED TINA KIM llELASQUEZ, ROBERT CLAY llELASQUEz, ROBERT ROSS llELASQUEZ, ROBERT LEE BEASELY AND IDA MAE BEASELY, BEING SOLE OWNERS IN FEE SIMPLE OF ALL lHAT REAL PROPERTY SITUATED IN GARFIELD COUNTY, DESCRIBED AS FOLLOWS: PARCEL 1, A PARCEL OF LAND SITUATED IN LOT 14 OF SECTON 10, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M. DESCRIBED AS FOLLOWS, BEGNNING AT A POINT ON THE SOUTHERLY LINE OF SAID SECTON 10, \\liENCE THE SOUTH QUARTER CORNER OF SAID SECTON 10 BEARS SOUTH 83i0'43" EAST 390.22 FEET; THENCE NORTH 83iD'43" WEST 357.50 FEET ALONG lHE SOUTHERLY LINE OF SAID SECTON 10; THENCE NORTH OD'02'32" WEST 714.36 FEET; THENCE NORTH 13'42'2o" v.t:ST 667.00 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 14; THENCE SOUTH 83'42'2o" EAST 319.25 FEET ALONG THE NORTHERLY LINE OF SAID LOT 14; THENCE SOUlH 13'42'2o" EAST 593.78 FEET; lHENCE SOUlH 04'00~8" EAST 794.90 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 10; THE POINT OF BErnNNING. AND, PARCEL 2, A PORTON OF LOT 18, SECTON 10, TOYINSHIP 7 SOUTH, RANGE 86 WEST OF THE 61H P.M., GARFIELD OOUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON POST AND BRASS CAP PROPERLY MARKED AND FOUND IN PLACE FOR THE CENTER SOUlH 1/16 CORNER OF SAID SECTON 10 {BEING THE SAME AS THE S.E. CORNER OF SAID LOT 18). THENCE NORTH 83i6'44" WEST ALONG THE SOUTH LINE OF SAID LOT 18, 588.45 FEET TO THE lRUE POINT OF BEGINNING; THENCE ALONG SAID SOUTH LINE OF LOT 18, 319.25 FEET; THENCE LEAVING SAID SOUTH LINE NORTH 13"42'20" WEST 94-.16 FEET TO THE NORTH LINE OF SAID LOT 18; THENCE ALONG SAID NORTH LINE NORlH 70'02'42" EAST 10.57 FEET; THENCE ALONG SAID NORTH LINE ALONG A CURllE TO lHE RIGHT , HA\ANG A RADIUS OF 382.55 FEET AND A CENTRAL ANGLE OF 1T5704", A DISTANCE OF 119.85 FEET; THENCE ALONG SAID NORTH LINE NORTH 87"59'46" EAST 173.04 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 13'42'2o" EAST 165.96 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 10.840 ACRES. MORE OR LESS, HAllE CAUSED THE DESCRIBED REAL PROPERTY TO BE SURI/EYED, LAID OUT, PLATTED AND SUBDl\ADED INTO LOTS AND BLOCKS AS SHOWN ON THIS PLAT UNDER lHE NAME AND STYLE OF llELASQUEZ MINOR SUBDll/1SION, A SUBDl"1510N IN OOUNTY OF GARFIELD. lHE OYINER(S) DO) HEREBY DEDICATE AND SET APART ALL OF THE STREETS AND ROADS AS SHOWN ON THE ACCOMPAN'l1NG PLAT TO THE USE OF lHE PUBLIC FOREllER, AND HEREBY DEDICATE(S) TO THE PUBLIC UTILITIES THOSE PORTIONS OF SAID REAL PROPERTY \\lilCH ARE LABELED AS UTILITY EASEMENTS ON THE ACCOMPAN'l1NG PLAT AS PERPETUAL EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES, IRRIGATION AND DRAINAGE FACILITIES INCLUDING, BUT NOT LIMITED TO, ELECTRIC LINES. GAS LINES AND TELEPHONE LINES, TOGETHER 'MTH THE RIGHT TO TRIM INTERFERING TREES AND BRUSH, 'MTH PERPETUAL RIGHT OF INGRESS AND EGRESS FOR INSTALLATION AND MAINTENANCE OF SUCH LINES. SUCH EASEMENT AND RIGHTS SHALL BE UTILIZED IN A REASONABLE AND PRUDENT MANNER. ALL EXPENSE FOR STREET PAl/1NG OR IMPROllEMENTS SHALL BE FURNISHED BY THE SELLER OR PURCHASER. NOT BY THE COUNTY OF GARFlELD. EXECUlED THIS __ DAY OF ------A.O., 2016. OWNER ADDRESS: TINA AND ROBERT CLAY &: ROBERT ROSS \IEI..ASQUEZ 3064 COUNTY ROAD 113 ROBERT AND IDA BEASEL Y 3064 COUNTY RAOD 113 CARBONDALE. 00 81623 CARBONDALE. 00 81623 TINA llELASQUEZ ROBERT CLAY llELASQUEZ ROBERT ROSS llELASQUEZ ROBERT BEASELY IDA BEASELY STATE OF COLORADO ) : SS COUNTY OF GARFIELD ) THE FOREGOING CERTIFICATE OF DEDICATION AND OYINERSHIP WAS ACKNOYl1..EDGED BEFORE ME THIS __ DAY OF ------A.O., 2016, BY TINA. ROBERT CLAY, ROBERT ROSS llELASQUEZ AND ROBERT AND IDA BEASLEY. MY COMMISSION EXPIRES: --------~ 'MTNESS MY HAND AND OFFICIAL SEAL NOTARY PUBLIC NOTICE: ACCORDltG TO COLORADO LAW YOU MUST COMMENCE ANY LmAL ACTION BASED LPON Nl'f DEFECT ti THIS SURVEY 'MTIIN THREE YEARS AFTER YOO FIRST DISCCMR SUCH DEFECT. IN NO E\UtT MAY ANY ACTION BASED UPON Nl'f DEFECT IN TIIS SUR\£¥ BE OOM~CED MORE THAN TEN YEARS FROM lHE DATE OF CERTlflCAllON SH°'11N HEREON. z 0 tii ~ 0: w < Cl 0 z ii! ~::; ~ 0 • u z - "' 5 . il: -ill ~ 0: -a. • ~ -ri -~ w 0 ~ PROJECT NO. 2161703 1 OF2 ___ VELASQUEZ MINOR SUBDIVISION ----========~=~\ ~===~==J~~--~~~===T==-1-----------------A PARCEL OF LAND SITUATED WITHIN LOT 14 --\ ', AND A PORTION OF LOT 18 OF SECTION 1 0, -,\ \ ---__ , \ TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M. SITE BENCHMARK REBAR & PLASTIC CAP LS3317 EL:6324.00 -~---- \ \ \ ' \ \ ' \ --- COUNTY OF GARFIELD, STATE OF COLORADO GRAPHIC SCALE ( IN FEET ) 1 inch ~ 20 fL ® SANITARY MANHOLE 8 WELL 'lli UTILITY POLE/POWER POLE -OE-OVERHEAD POWER LINE SHED---0 I - NOllCE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE NIY LEGAL AC'llON BASED UPON ANY DEFECT IN THIS SURVEY WITI-IN THREE 'Y'EARS AFTER YOU FRST DISCOVER SUCH DEFECT. IN NO EVEtlT MA. Y NIY ACTION BASED UPat ANY DEPECT IN TIIS SURVEY BE COMMENCED MORE THAN 1EN 'l'EARS FROM lHE DATE OF CERlFICAllON SHOWN t£REON, z 0 Ui ~ D:'. ci z PROJECT NO. 2161703 20F2 J J I . ' J I I I I I I I I I r • 1" PURECORE FILL LINE I I OVERFLOW PIPE AS REQUIRED---"' ' ( I I ~' ~R.T. RET. ·WALL PROP'ds..ED \ I ""r----... --.;;.;___ / / / / / / GRAVEL DRIVEWAY I 2 STORY WOOD SIDE HOUSE WITH BASEMENT 3064 COUNTY ROAD 113 / / / / / / / / / / / / ' \ \ -- STONE RET. WALL (TYP.) \ \ \ \ \ \ \ \ ' CONCRETE PATIC WITH OVERHANG ----/ / / / -/ / / / PROVIDE 10 FT.± SERVICE LOOP . : . . ...... . ··~ .... '· . ~ ... ; ..... ELECTRICAL CABLE IN CONDUIT ELECTRICAL CABLE TO PUMP PRESSURE LINE VENT PASSAGE THROUGH SPOOL GROUT SEAL AROUND CASING PER STATE REGULATIONS TORQUE STOP SUBMERSIBLE PUMP / WELL HEAD COVER AND VENT PER COLORADO STATE CODES SANITARY SEAL AND VENTING -------~ PER COLORADO STA TE CODES CASING AT LEAST 12" ABOVE GROUND 5' DIA. CONCRETE PAD 4" THICK SLOPED AT MIN. OF 3ll: ,: .. ' : ... ·. ... · . .4 ;, .. : A. . .. .. Ll-l~---ELECTRICAL CABLE TAPED TO DROP PIPE EVERY 10 FT • HOLD-DOWN PIPE 0-RING SPOOL THREAD-ON PITLESS ADAPTER CHECK VALVE ~~~~l---SAFETY CABLE -ff~ CASING WELL HEAD DETAIL N.T.S. GRAPHIC SCALE .. ... 1---1 ( IN l'llET ) 1 illch = 10 fL NOTES: 1. EXIS11NG TOPOGRAPHY PROVIDED BY HIGH COUNTRY ENGINEERING, INC. 2. THE TANK WILL BE FED FROM THE EXIS11NG WELL. 3. THE TANK SHALL BE ABLE TO PROVIDE WATER FOR AUGMENTATION. 4. THE PROPOSED TANK FILLING WILL BE HANDLED MANUALLY. 5. THE PUMP CONTROLS FOR THE WELL PUMP SHALL BE INSTALLED ON LOT 2 BUILDING STRUCTURE. EACH RESIDENCE WILL BE REQUIRED TO PROVIDE AN IN HOUSE PRESSURE TANK FOR VOLUME AND MUST BE A MINIMUM OF 10 GALLONS. WELL PUMP WILL DELIVER 5 GPM A LARGER SIZED PRESSURE TANK WILL BE REQUIRED FOR ACCEPTABLE STORAGE. COST SHARING FOR WATER SYSTEM SHALL BE PER THE WELL SHARING AGREEMENT. 6.) IF GROUNDWATER IS PRESENT IN THE LOCATION OF THE BURIED TANK, THE TANK SHALL BE ANCHORED PER MANUFACTURER'S RECOMMENDATIONS •• 7.) THE TANK SHALL BE INSTALLED PER THE MANUFACTURER'S SPECIFlCATIONS. B.) THE TANK AND PUMPING COMPONENTS SHALL CONFORM TO ALL DRINKING WATER SAFlETY STANDARDS. 9.) REFERENCE REPORT FROM RESOURCE ENGINEERING (CASE NO. 08CW40, DATED FlEB. 22, 2016) AND SAMUELSON PUMP (JULY 8, 2016). z 0 Ui ~ []'. w ~ 0 c.i z • 0 z - 0 Cl N~ wO :i ...J oO UJ u <l'. • ...J w w ...J >~ :::!: z -o ::,:: ID 0:: 6 PROJECT NO. 2161703 1OF1 BALCOMB & GREEN, PC A FULL SERVICE LAW FIRM SINCE 1953 Via Internet Douglas Pratte, ASLA The Land Studio Landstudio2@comcast.net Re: Velasque z Subdivision Dear Doug, September 2, 2016 Scott Grosscup Direct Dial (970) 928-3468 Receptionist (970) 945-6546 sgrosscu p@bakombgrcen.com This letter provides my opinion regarding the legal water supply for a proposed subdivision of a property owned by Tina Kim Velasquez, Robert Clay Velasquez, Robert Lee Beasley, and Ida Mae Beasley and located at 2906 County Road 113, Carbondale, CO 81623 (the "Property"). It is my understanding that the property owners will be applying to Garfield County to sub-divide the property into two parcels. The Property is currently served by a well, pursuant to well permit 155578, as the only well on a 10 acre parcel and limited to fire protection and household use within a single family dwelling. The property owners are in the process of applying to the Colorado Division of Water Resources to increase the use from the well within an additional dwelling unit consistent with the Water Court decree entered in Case No. 08CW40, attached. The water court adjudicated water rights and plan for augmentation in Case No. 08CW40 to provide a legal supply of water to serve two homes and irrigation of up to 21,000 square feet of lawn. The augmentation plan uses water under contract from the Basalt Water Conservancy District Contract No 555 as well as on-site storage from a water storage tank that can store approximately 15,000 gallons. Bnsnlt Office: 211 Midland Avenue, Ste. 201 Basalt, CO 81621 Glenwootl Spri11gs Office: 818 Colorado Avenue Glenwood Springs, CO 81601 Aspe11 Office: 0133 Prospector Road, Ste. 4102E Aspen, CO 81611 P.O. Box 790, Glenwood Springs, CO 81602 • (970) 945-6546 • www.balcombgreen.com 40 1 •alJ BALcoMB & GREEN, re •X A FULL SERVICE LAW FIRM SINCE 1953 Mr. Douglas Pratte September 2, 2016 Page 2of2 Upon the issuance of an amended well permit, the augmentation plan decreed in Case No. 08CW40 will provide a legal water supply to the Property sufficient for use in up to two dwelling units. Sincerely, BALCOMB & GREEN, P.C. By: dd!t_4r- Scott Grosscup cc: client 41 RESOURCE ENGINEERING INC . Robert and Kim Velasquez August 12. 2016 3064 County Road 113 Carbondale, CO 81623 rob@pinemtn.net kimmer.velasquez@qmail.com RE : 3064 County Road 113 -Well Water Quality Analysis Dear Rob and Kim : At your request, Resource Engineering, Inc. (RESOURCE) analyzed the water quality of an existing well at your property near Carbondale, Colorado located at 3064 County Road 113 in Garfield County. This letter report presents the technical analysis of the water quality. WATER QUALITY Water samples from the well were obtained by RESOURCE on July 6, 2016 during a well pump test. The sample was shipped by overnight delivery under proper chain of custody to Colorado Analytical Laboratories, Inc. (results attached).1 In accordance with the criteria established by the Garfield County Land Use and Development Code, the well was tested for inorganic compounds including metals, coliform, alkalinity, corrosivity, hardness, pH, total dissolved solids, and radionuclides . The attached results indicate that the well water meets the basic EPA primary and secondary drinking water standards with the following exceptions; 1. The presence of Total Coliform . The EPA primary drinking water standard for Total Coliform is zero for 100 ml of water. 2. Total Dissolved Solids (TDS) of 719 mg/L. The National Secondary Drinking Water Regulation (nonenforceable) is 500 mg/L with an upper limit of 1,000 mg/L. 3. Sulfate level of 342 .3 mg/L. The National Secondary Drinking Water Regulation (nonenforceable) is 250 mg/L based on aesthetic effects such as taste and odor. 4. Iron lever of 2.326 mg/L. The National Secondary Drinking Water Regulation (nonenforceable) is 0.3 mg/L for aesthetic reasons . 5. Manganese level of 0.0665 mg/L. The National Secondary Drinking Water Regulation (nonenforceable) is 0.05 mg/L. We also note that the water is considered very hard (>200 mg/L as CaC03). This requires softening for household or commercial use . The well water hardness is 552 .4 mg/L as CaC03. 1 Colorado Analytical Laboratories subsequently sent sampled water Hazen Research , Inc. for the analysis of Gross Alpha and Gross Beta radionuclides . Con15ulcing Engineers and Hydrologists 909 Colorado Avenue Glenwood Springs, CO 81601 E" (970) 945·6777 Fax (970l 945-11 37 42 Rob and Kim Velasquez Page2 August12,2016 Hard water can cause scale to build up in boilers , water heaters , and on water fixtures, and lessen effectiveness of soaps. Hardness is typically treated if greater than 200.0 mg/L. Each of the exceeded National primary and secondary water quality parameters is further discussed below. Total Coliform Coliform bacteria include a large group and many types of bacteria that naturally occur throughout the environment and are common in both soil and surface water. Most types of coliform bacteria are harmless to humans, but some can cause mild illness and even fewer can lead to waterborne disease . The presence of coliform indicates that a contamination pathway exists between a source of bacteria (surface water, animal waste , septic system, etc.) and the water supply. Coliform bacteria is much more common in springs and in shallow wells compared to deeper wells as the bacteria is filtered out by soil and rock as surface water infiltrates the ground. The presence of Total Coliform indicates that the groundwater supply is under the influence of surface water. Total Coliform can be treated with filtration . Ultrafiltration (average pore size of 0.01 micron) or higher level of treatment is required is typically required . Disinfection (i.e. chlorine or ultraviolet light) will also treat bacteria. Shock chlorination of the well is also often utilized for treatment; however, contamination could occur again over time. Total Dissolved Solids <TDS) TDS are defined as substances that would pass through a 0.45 micron filter, but would remain as residue when the water evaporates. They may include dissolved minerals and salts, humic acids, tannin and pyrogens. For treated domestic potable supplies , a TDS of less than 650 mg/L is a preferred goal. Given this, treatment for TDS is recommended. TDS is typically removed by reverse osmosis; however, nanofiltration (average pore size of 0.001 microns) will likely provide some level of treatment. Sulfate Sulfate minerals are widely distributed in nature. Sulfates may be leached from most sedimentary rocks, including shales. High sulfate concentrations in well waters are typical in arid regions where sulfate minerals are present. The EPA has established a secondary (nonenforceable) drinking water standard for sulfate of 250 mg/L do to taste and odor. Nanofiltration has been found to effectively treat sulfate. Iron Iron is an essential nutrient in animal and plant metabolism and is not normally considered toxic. It has a nonenforceable secondary drinking water standard of 0.3 mg/L as total iron for aesthetic reasons (i.e. rust colorization, staining of plumbing fixtures and laundry, and RESOURCE a" G ''" • f •• ... j • I 43 Rob and Kim Velasquez Page3 August12,2016 objectionable taste). Microfiltration (average pore size of 0.1) or higher is typically used to treat Iron. Manganese Manganese is an essential trace element for microorganisms, plants, and animals. Health problems is humans may arise from deficient and excessive intake. An average dietary intake typically arranges from 2 to 10 mg/day. The EPA has a nonenforceable secondary drinking water standard of 0.05 mg/L. Microfiltration or higher is effective in treating manganese. CONCLUSION The laboratory results for the water quality analysis indicate that the water meets most primary and secondary drinking water standards. Exceptions include Total Coliform and secondary standards of TDS, sulfate, iron and manganese. In addition, the water was found to be very hard. The well water quality is suitable for domestic uses and irrigation with additional treatment such as nanofiltration, water softening, and disinfection. It is our understanding that the existing house on the property has a Culligan water treatment system that includes water softening and filtration. RESOURCE recommends that a similar water treatment system will need to be installed at any future dwelling that utilizes this well as a source of supply. Higher levels of filtration may be needed depending on taste and TOS concentrations. Please call if you have any questions or need additional information. Sincerely, RESOURC ENGINEERING, INC. Eric F . Mangeot, P.E. Water Resources Engineer EFM/1217-2.0 Attachments RESOURCE 44 ..i::.. Ul • ~Analytical LAl'IORATOlftfS INC Analytical Results TASK NO: 1mo1ou ftepor'I To:011'1e!Rapou Camp1ny:Reeovrce EOQIP .. nng. Inc 9(19 Cdcnda Al'enue Gl-OOCI Spnn95 CO &USOt T"* No.: 16(1707056 Cllant PO: 1217·20 Clltnt PIOftcl: G.CO Well Ts Plllmtl"" I.-·•' 1 ~ •" ~., ·~o I"' 1Z1 •·20>11"' S.-a.i.ITI-: 7f'lti6 •1 JDAl.I u•11-'ll¢Tll'-.)1 .. to: UiHlr:fy Me11t18 C_.,:~ Er<J.--mg. lrc. Im Calormo ... __ Cit~ S!:l'l"l!I• CO llM1 o..~ 1m111 O..~W16 Mmtc W..r o........., tr... I ~ I -l 11L I o.~ 1-e!!rl &flll>CNlt Jn.J "'9fL llU ,_... 0 1 T.&'16 VIN c. ........ c.co) Jlt.1'"11\. SM>n•I :1 7111o1c 1CP Colloo-••. ,.._. ~~ =· l"'J .......... pt< r~..-.14111 T•IAlr&f•t.ty TNlllll<>l•ttlS:.I"' a:.ae ...... . .,. ..... 2t'C na.,,,..t._c.a:D ,...~ !;;llnr,a i;ua,;o- su~ !;;ll=e SU~ C<l ' C1 ~ r .... ,e 71111,. 1:7'1t4 ,,..,,~ r.w1& i'112.ttri8 $AA VIN ll!N lnlH i:IG A-lf-ntN ··~·...,·•"'-•"' ~·....,....,...l ..... -..C-•.......,._,_,....,_ ""~"'. __.,,...~ .. , ..... """' •:xrnt c.~,,.....·DM-t1w~ A~ a•1A .,. ... &.go rM IA.SMC.,. 2.W SD41tla Main SlrM , Bncll•-<:o .... I~' I Jo.M.S'J.lllJ Maili1t1t Add,_.: P.O. Bu S01 I BciplM. CO 9NOl..t307 I Fn: J03.6S9-ll15 Paget Dlt •Nll\ol"' .. ~ Cb ....... ,, vUlUIUUU • ~ Rnalytical L.1,80~1.TORIFS . lllC A'C!Ort To. Donel ltq>er CCM11'*1y:AMOUrc.e Enl)l.-nrg, I= 909 Cdctlldel Av&llUll Gan"'OCHI SonnljlSCO a1601 THI! No.: U!07010S8 Clime PO: 1217-20 I C1l1nt P'rofec:I: a.co We" Tl"St 1'1ramelert ......... ,,.,-2.0"tlll• ...... QliW'T .... 7'11•C • 1 :7) AW lff-... : 111:111-~I ~ I _.,. ·1 °'"''"' ,...._ Hlrll• K'IK9f'I ...... ~ ~f~C-"""'•H• s.rn .!Jim! A-.c c ......... ~ ... c--·-... ..- ~-5-.,, SM"" kW'l'l'ln Rtln t.::blHlf'dt.U .... ..,. z,,. ......__"......, .. -..r... ...... tt .... •l•U•.., fl\>\-~.,...~.,..,... .. ,,.. .... ..,... .... ,.,,.,g,,,.. ,,.~ 01'-\. U•~\. ... ..,_\. •w-•111t ,.., .... \. 0•12 mo\. •1-"'D\. ..as"'•'-·-"'"" 138 mo\. .. ,, -'" ••-a'L 1.-0IOIL 1tt ...-,_ ., .... -• "'9'--e.cD> .. ..., ..,,,. o u• "'t'L .,..nrcv...-• .._.~~~u:-... .,_.-.,..,,...,.ai.ti.1..ac .. ~ ....,_ rr1o:ic11 0 tl'A:JW Q [PAJroO rf'AllDO EPA 1ZQ 1 Analytical Results tASK HO : f801010U .. To: Uct:io, ~ Conlplfty:~ ~~ IA: ~'9~·~ ~ScrrqsCO e1ro1 Otlt R1c.W1d: 717116 0111 R1ponld: e.•an6 Mllrl1: Wn!I • OM~lng I llL o ... ,,,.., .. Q' mot , .. ,, ... out "'"l ,,,,,,~ nn~ .,..\. 1111•~ Q D) otpl 1m·~ & ""-""GJ~ F.'lJ\b ~"'I loft .. M!I .. 1,11111 ""'" U!lh IJ'A Jiil;:• n •ot. 1!11•& 1411N f.PA lOO a QC006 -OI. :i,9,41i1n ICO £PA 10: f ncnn -\. ,'1 t.e.16 TCO (lfA JR' 1 )1 '"O\. t11•.1n O' £PU0'6 0(0:8 "9\. •,1.c.111 TCO [PA 10~ 7 DD!!!I,,.,.\. f/U11G •I:" EJ'A. 11»1 C.<0:1 rr9\. 1114.lft TCO £P" iOOT Q C'2 1t9\. ?/IMB r(:P [PA;MI 0~0:8 lfQ\. 7111.fft TCZl EPA JOG , DI "ljl. r.-14.18 a Clll.rlli... :>1 uUI 7.tl!-i10 •Cl' :IM~a.a o+ ""'l.MCICOJ 1:1 .. ·1n !Cit £Pl>.WOI OM;.7 ""JI. 1n4.1t Tt'!l EPA~n U~I rnll. ~.w•llO TC:> ~-~ Do'.TA-ot0Hltl~l!lMH91Y 2.CI) So.1111 Y.bm S4rttf I Bri~ltlDll, co Ml6tll-03e7 , .WJ-+..~l)IJ 11tam .. ~ Arid'"•: 1•.n . 11 .. ~' 1 Dn1htnn., co tlOMll~'T 1 .-.,: ~'.\-4~-lll!I Per• t ol? ... ~ .. ti ,~Colorado • "Analytical LAllO"AT Ol4l(S lll C R1po1t To :D.,.., "~' Cunpe"'°:R~ F.nginaeMQ Ire: 900 CclOflll:I ,.......,. G WT•'DOd ~CO lltli()t l•-..... leG101086 Clleont '°" 121 T :0 C9-~: Oel(o w.t Tnt 1'111,,..1<11• Analytical RHults TA.$1< NO: H070TON B• to· llelcct, t.1l11lt ~"·"'"'°"'°' Cngi-~ Inc 909 CO'otaQ) ,. .. ,._ Glltn...o:id Soltll~ CO 111601 OIN be-Id 11'•UI Dffl 1tepo111d : a•n1111 Mattt1 . 'N•••• o .... ~ ... o ===-i~:,__·=i__,c...· -"-" ·-::r Miiii.i ,. boiiiOW.,-1 1fQ:'O~:M·tl ~I 121' le ft•• 11!<18 ,, lO~M Ta111w1: ... C·C'"4 ........ --SMIWl HUim ''" ... '·" ... __ .. ,,.-..., ...... c.-... ......... . -.-..-(..-.. .. r ...... c ........ ....._, •• "'.,..,....,.,."'w tw (.,~ J .. • ·~"'"""°""'~t'•fl'MA'n.alA'IW &V•~ ....,,.., ... t: ..... f,JI ~/lJ!.,-- lllfA-abl'CltlftlLLlaEIY 240 s .. 11, M•ill Slmt 1 Briit•taa. n> ..a1.e!O-i Jo.J.6~ij.l.JIJ ~bili•1 Addnu: ft.O. Bo1 ~7 1 Bric\tea, CO WGI ~G7 : J'u : JOUS9-?ll~ ~ ... , .. , ... -t•• .to. 00 ~ Haaen "-""'· Inc. -· .... -si ..... ~COllCC U&A I•: IDSl?l't-4901 Fa.c.131)3J 27J. I 1:1• c-do ~C9lll:cnlh:fln. lne. s...rt r.1•11411 PO.llo"507 2.i !loulll Main &nlll .,,,.,_,CO ICOOI CA1l l-fll PllDJt!CT ~llEMSHO D4TE llEC'O CUST 'D• ~11.20\S 000.Dfll G1WUI 7i\U'l0111 Na'•Fl•t'd "POllTDF~YSIS ~I!,., G103tt~1 IL'M"lJ! llll!MTl'IC4T~: 190707*-IC 1217·2.0Wtfl • '*"flleda> 01lllCll2018 0 1130 bf Olrl•I Rtleet n!Tl!CTlO'I AHli.YBIB p .. .._,-," "'""'-' UM1 ME'T><JD 114ft ------ DIVl• lllP'I• (t-l'11llllkrl'). cOol (T) t~•·UI oa !r.17110., &~r.!O•G @OT~G 0-0.. &Ila ( .. Prllltla\•t. pC" (Tl 2 51•·1 l) '2 SM T1100 0""10111 mor45 AW.ll'$T -- U) lO c.1l\celso~ Ch COl!!l'A COOCCJQI C't 1'14-ll 1 D:. ~ F.· I DMD. NJ ccooe . NYstW INtl .AC C.~Metl) , .. IT : "' v.ocmM Wl...slfllllO. Tll ll0t1042&11·1~ "V•nebtJtr llltlle•••lolldtf•lllcllyp"""t• IOO"""'G ••l'O'l •l lh• 0~-1--. t 00 ..,_ AfPll'l'9r_,, ... _,tafltt .. ._. _____ .. ..,,, ___ ,. ... ,_ -- ·~.-. .................................. .._..... ............... .. .............. ........._ ~·~ &,· __ .MAJ ... :: --~.'4 CXlllt.! (1)•1-~·-l h•-f'I J•Tio.- "'., fV.,NfrClrl&MrN • • LHI Tl\t'1 An ~0¥.Nd ton-parry - P10H"'1 July 8, 2016 Robert Velasquez 3064 County Road 113 Carbondale, Co. 8 I 623 ATTN: Julie Pratte On 7/6/16, a well test was conducted on a well at 3064 County Road 113. The following information was obtained; Well Depth-------------------------------------21 0' Casing Size------------------------------------(7 x 5)" Standing water level--------------------------2 7. 6' Total lest time----------------------------------4 Hours Drawdown to ----------------------------------189 .12' Production is----------------------------------5 GPM This test was conducled with the existing pump. The well water level recovered back to 62.52 in 60 Minutes. This well will produce 7200 gal. per day. The average use per person per day is 100 to I 50 gal. The pump and the storage in the well allow the system to deliver 300 gal. in 20 min. This well could supply water for two residences for in house hold use and watering of animals. If you have any questions please call me, Raun Samuelson at 970-945-6309. Sincerely; /J~ ;;::: ~~~~ Raun E Samuelson Samuelson Pump Co. P.O . Box 29 7 •Glenwood Springs. CO 81602 • (970) 945-6309 • Fax (970) 947-9448 Water Systems • Sales, Service & Installation ---- ! Di ill fill! I ~~' 49 . . WIU·~·R••· 1i. COLORADO DIVISION OF WATER RESOURCES 118 C.nllnnlll Bldg., 1313 Shennan St., Dtmtr, Colorldo 80203 PERMIT APPLICATION FORM Applicauon ITll.lst D be Clltllplete •htacrc"'tt:l IXX) A PERMIT TO USE GROUND WATER 1PPlicable. Type ~'-"""n~ IXxl A PERMIT TO CONSTRUCT AWElL 09-.;,;.-;'; 2:1.c:i ~'. pr int In ~ I'll 1 -FOR : pllQ A PERMIT TO INSTALL A PUMP 03~41.:! lliK. No oventrlkes$\;P • ~;;> . ..;:.:11 ; :. , ;, or1 1~mures unless --~ I I REPLACEMENT FOR NO. ------TTl:--6l :,;:-J In r .. red. --iJjilma I I OTHER L,-.;,11 : ~u.~;; --WATER COURT CASE NO. !:HI......__ ( .• (II) C11 APPLICANT· malling address NAME Janet H. Stelmask STREET 600 N. Mcclung Ct. CtTY Chicaso. IL 60611 1S1010) (ZIP ) TELEPHONE NO. 312/642-6256 (2) LOCATION OF PROPOSED WELL Counw Garf1eld SE !4 ol lhe 'SW 14, Section 10 Twp. __ 7_ ..§..,R119.~ w 6th P.M. 01.SI ii:Wi ' (31 WATER USE AND WELL DATA 'Proposed maximum pumping race lgpm) 15 . Average annual •moun1 of ground w•ter .33 ui be aopropriated l•cre·feetl : 1 Number of acrn 10 be ltri~1ed . 0 Pro~ cot.al depth Uutl : 150 Aquifer ground wtter is to be obrairied lr0<n ; Maroon Formation Owntt'swelldesignation Stelmasek #1 GBQLtNQ rtAIEB IQ &E !.!§EQ fQR; IXXI HOUSEHOLD USE ONLY · no lrrigttion 101 I ' ~ DOMESTIC U1 I ) INDUSTRIAL (SI I I LIVESTOCK 121 I ) IRRIGATION 161 I I COMMERCIAL (4J I I MUNICIPAL 181 I I OTHER 191 . DETAIL THE use ON BACK IN ( 111 (41 DRILLER . N1me LICENSEO Stree t Ci t y ,s, •••• ctlp1 Telephorie No. L~.No . ~-~l\-IN-'h1...--1s-co_L_U_M_N FOR OFFICE use ONL V: o~ f'.!PT ~ Receipt No,l iA"\'..3 CJ 4-I Bisiri Dis1 ~Qtill2'IIQfl!~ QF aee ROYAL This well shall be used in such no material injury to existing a way as to cause water r ights. The iuuance of tht permit does not 1 uure the applicant : ,:. . nother vested w.1ter that no injury will occur to 11 right or preclude another owner of a vested water ' · ·1 court action. right from seeking relief in a civ1 i19NNW l l APP&OVBD PUBSUAHT TO CBS { ) ~ !Bl ONLY 1'1IJ. OH A 0 AClllS DBSCIDID AS 'l'BAl' ~ 31&TBI SW Ma,OF SIC'fl P.Hac llLD TICULARLY D RlllD OH TBI 2ba'l'BE lJSI OJ' GROUND NATIR L TID TO '181 nlON PUif'OSES IDB OHB l S &M wllioo or us C ANJMAIS. 'l'BI OllO Bl OSID FOR IR&lGATIOH OR ~DI BBTDRN ruM nDI t II t'lllDJ AN IMDlflDUAL SYtifl Ol"~IVAJICBAT W~ IS 'IO M S HRIC& TBB WIU. JS LOCATllD . PERMIT EXPftATJON DATE EXTE PERMIT EXPflATIOH IATE APPLICATION APPROVED PERMIT NUMBER 1~ OATEISSUED OCT 13 1 EXPIRATION DATE OCT 13 ~=<1~~· .4a.,;.£ .. , RI Jta Ltt:.y, 1.0 . 'S -38' COUN ry •. ~3 68 D J (5) THE LOCATION OF THE PROP9$ED WELL r:l 1flu·11 on which the -ter win be used mutt be lnd""icltld on the dilgrlm below. Use die CENTER SECTION 11 .alon, 640 .c:rcs) fot Ille well loeation. (6) THE WELL MUST BE' LOCATEQ BELOW' by distances from section lines. • _ •. "4 '\ 1175 ft. from south +-+-+-+-+-+-+-+-+ ·-·l\Of-1\) t I + I + + ..... - + ,,. __ ,MIU. sao FIEIT--+1 + z 0 + + HORn!SECTI I + + + + t:i----+--~+---t-~--~~ "' "' t I I -+-x I + + + .+ + I t ~ __ 1_6_00 __ fc . fr~m ···-..;.". ~~..,,e~~t~_.'t'""""'-sec. llM -,_,':?_) I SUSOIVISION ... .. • • • .• +~~~::3gjji!iZCi~======== LOT ___ SLOCK ...:.__2.lflLING • - I 17) TRACT ON WH(@ WELL WILL BE LOCATED Owner; Stelmasek + -.No. ot mes 10 . Will \hl' b• I 'the only wrll on this t,.ct7 les + T(8) PBQeQ~Eg ~MIN~ PAQ~RAM I Pr1in Casing t 7 in. from 0 ft. to 100 h . I ---In. from ___ ft. tO----ft. I +--+· I -t--...,iOU~""'l'H,..S,,.,..4,=,.,...,..Ll,.,i,N..,.E--"4--+ --t PerfDl'•led cnlng + + + + + + 4 1 m1~ii.+W~--a1 I . •' 4-a;; ;J,11,-.-h1.-·+·...-.-f..:~·+·.o.· :f-.-~ u ··1 Ji: JI. I ,,_uCUi •1 .. tt ·• ~<• • :, .. ,, ".I .. •~ 1r • . ;, ; • •. ,. : r ~o 'Tlil! ttlll• of ltltldi1gJ1ni iJ ~ lhches " 1 mile t ·~I ·.. '•~· 'li ,;: , ,. &:'.Ch tmill sqlliri'f•plmenb:4o Kia.'~ • ... 1101 l.ArtcS .~ft\f.HJC~ ~80\iNq, WAfhn.vH.L. B(YsEo; I __ 7 __ in, from _l;...;00~-~. to 150 h .. -l-1-::=:=:=~~~·~lr~o~m~:=::=:.'.!"~t~o======~".:....· I + (9) FOR REPLACEMENT WELLSgivedistance ind dir1C1ion lrom old well •nd pl1n' fat plugging it : °"'1*fsl; · '!" Jft~':.~;~· !;~.t~~e) .:-"11 . No of KtH ---m!l~O ___ _ 'l'AA'4filia\lcuihF!f~fiBl;.;l~~t??#i: io., TdWij~h'lp ·7·south, Range 88 West of the 6th P.H. ,. (1 WD£.'j'Alreo' DESaB 1e'i'lnt,t1,0Mh\~.~f·arounc'J ,W.t.1 : HcM.!Mhold UM 9"d dom•Uic .... m111t indtcat. typuf dispoul ry1-to be uttd. • t" '"'-' rr • • ' 11.J • • The water will be ysed for dOt11estic purposes for a single family residence. Oispos·al of the domestic waste.will be through a standard septjc tank.lleacb field . .(121. OTHER WATER BIGHTS used on thi' land. includir19 -11•. Give RegistratiOll and W1ter Court Cue Numbers . TvPt or right n/a UMd for !purpose) OflCrip11on of 11nd an which used THAT THE INFORMATION SET FORTH HEREON IS WLEDGE . UM lddi1ionll lllttll al paper ii more spa~ is required. 69 WElL CONSlRUCTION AND~ST REPORT ~ ..... / For Olllce UM only v ~. STATE OF COLORADO, OFFICE OF THE STATE ENGIN~ER RECEIVED -1. '" WELL "PERMrT NUMBER 155578 /SJJ/)( ocr o,. '93 2. OWNER NAME(S) .!a~~~t~~a~!=~~~~~ ~~1~: --· Malling Address wwwma City, SL Zip ~~n ~UAD CAgi~t~Ang. ~a ~~675 .... Phone ( 714) 240-7398 ' 3. W!;L!.: !.OCAI!ON A§ QBl!JiEQi SE 1/4 SW 1/4, Sec. 10 Twp. 7 _s __ .Range ~8 ~ DISTANCES FROM SEC. LINES: 117s ft. from ~09:&, Sec. llne. and 1600 ft. from West Sec. line. OR ieu1orwet0 SUBOMSION: LOT __ BLOCK FtUNG(UNrn STREET ADDRESS AT WELL LOCATION: 4. GROUND SURFACE ELEVATION +1 ft. DRIWNG METHOD Cabletool . DATE COMPLETED Sept. 16, 1993 • TOTAL DEPTH iTO ft. DEPTH COMPLETED 210 tt. 5. GEOLOGIC LOG: 6. HOLE DIAM. Qn.) From (ft) To (ft) 0.plh. ~cl........, CTYP9. .... COlot, w-. lol:lllon) 9" 0 30' 711 30 80 1 6l" SQ 27Q' ll-2] D 1 ~alla~ Eill ~itb Cla~5 6 St~ioge~s cf Sacd 7. PLAIN CASING OD Qn) Kind Wall Size From(ftf To(rt) 2l 0 400' ia'1i:Qck Ea:cmatjoc ~ Steel 231 a 65 1 . j!l!l-j]Q' B~a1;2gr2:tes -- Wa±:e:c located 65-llO & PERF. CASING: Screen Slot Size: 210-220' ~ .steel .231 65 BO' -5.!!._ EllC 250 20 21 a' --- 8. FILTER PACK; 9. PACKER PLACEMENT: Material Type Size lnteival Depth 10. GROUTING RECORD: Matarlal Amount Density lnteival Placement REMARKS: C:~m~nt 20g~l 5-1 2-15 Gravit}:'. . 11 DISINFECTION: 1\lce HTH Amt. Used 7 TBS ~2 ~ TESTQATA; D Check box If Test Data Is submitted on Supplemental Form. TESTING METHOD Bailer . Static Leval JJ ft. Oaterome measured SeQt. · 16 1 1993 , Production Rate 5 gpm. Pumping level 1 ~~ ft. Datamma measured seet. 161 1993 , Test length (hrs.) 2 Hours Remarks ' ~ :!.. 1 ha11t rud IM llalelMnla med• her.iii 111111 llnOw !he ~ lherllCll, Ind~ llleif ••""-la my ~•dga. (PurmL1U1t lo a.aiion :t4-4·l04 (13)(1) C.A.S., Iha m.wnc o11 .... ac.atrMn• .,.,. OClnllltuM l*f&lrv Ill .,. ~ ct.or-lllld .. ~ ...... ,,_,.,..,. __ , CONTRACTO.R Shelton Drillin2, Inc. Phone LlQJ 9 27-389 3 Uc. No. 894 MalllngAddreu P.O. Box 1070 .. Basa t. ("0 81621 Name(Tltle {Pleue type or print) -•v~ ~, oat a c -... Steve Shelton/Owner -·T!C/S ·Fe...~ 9-20-93 l ,RM NO. I ...YS-11 • .,,..-I 1GlllO • I , . ·.• - STATE OF COl..ORAOO OFFICE OF THE STATE ENGINEER '"" '1111 C.runnlal ~. 1313 Shermu St.. O..Ver, Colonda 80203 (303) 1111&4581 PRIOR TO COMPLE11NG FORM, SEE INSTRUCTIONS ON REVERSE SIDE CHANGE IN OWNERSHIP I ADDRESS WB.L PERMrr, LIVESTOCK TANK OR ER0$10N CONTROL DAM 1. NEW OWNER NAME(S) ~~~~"--.;;,,,...i__....;.,;;.~~~P"-~..-~~ Malllng Address ..:i.1.~-=,:....-.u::::~"CJ.S.~-"-l~~~~- Cey, SL~P~.L!::!.~-4~44.L.....J::...,e.i~~~~.....=~:.-~ Phone Ql9) 2. TI·llS CHANGE IS FOR ONE OF THE FOLLOWTNfa: flll-WELL PERMIT NUMBER "~-· . D LIVESTOCK WATER TANK NUMBER------- 0 EROSION CONTROL DAM NUMBER ------- Vb; I LR t......._..11\~S STA'tt ENGINEER i:OLO ~) (Oly) (lllH) (Zip) • • -t ')6 1/4!'tt.SJO 1/4, Sec./~ Twp._z_ D N. °'&JS., Range cf 9 DE.,,.. [lf W. C4 P.M Distances from Section Ung ____ .Ft from D N. 01 D S. Une, Ft. from D E. °' D W. Line. SubdMslon ____________ Lot ___ Block. __ Flllng (Unit) ___ _ 4. LIVESTOCK TANK QA EROSION CONTROL DAM LOCATION: 1/4, Sec. Twp. D N. 01 0 S., Range DE. Cl D w. _P.M. 5. The above listed owner{s) say(s) that he {they) own the structure described herein. The existing record Is being amended for the following reason(s): ~ Change In name or owne1. D Change Jn mailing address. 6. I (we) have read the statements made herein, know the contents thereof, and state that they are true to my (our) knowledge. (Pursuant to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury In the second degree and Is punishable as a class 1 misdemeanor.) Name/TUle (Please type or print) Signature Date e/Jllt:fl CJ. ,5 ~ll 7)6/y/ FOR ~£4.Ai~IV ~ ~It• C_o_u....,rt.,,C_as_e.,._No-.------0-iv-. -!L--c-o. ~n. ___ MD Use __ Form Nu. GWS-11 1112011 COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES For Olfk~ Use Only 1313 Stierman SI., Sia 821, Denver, CO 80203 Main; 303 866 -3581 Fax: 303 868·2223 dwr ermil ne stale .co.us CHANGE IN OWNER NAME/ADDRESS CORRECTION OF THE WELL LOCATION Rc>icw lt1ll111dion1 on lht rtunt side prior lo coinpltllns lht rorrn. 9\0Z 90 90V Name, addren and phone o! person claiming own•rstiio of Iha wol! p1mrjt: 03/\1:303~ Name(siTiW. K1~ f ~obert C'l0m VdGS1lKZ. hRob<clLC~ + ::r clo. ""'-A. c ~Ice.I t-Cf! o be rt 1l o ~ v'~lG s 'l. oci.. MailingAddress:~A-'---"-o _________ _ City, st. Zip: C01 hnvlo..BR Co 81 lo.>3 ' Phone °170·(.o/G-~<J EmlliAddteu: n~ c..-vdo. U:L ·1.c-cn ... Tlli$ lolm Is ried by ila named indMdual/enlity dalm·ng lhat lhcy are Iha &Mnl!f iii the wcl · "' refe renced below This lllng is made rsuanl to C.A.S. 37·90·143. WELlLOCfjIION: We!I Perilli Nvmbtr: I$$'$" 7~ Receipt No.: Case Nllmber .. ~---~- Counly 0trOdd Wel!Nameorl(oplional)J"tCvcl'I /\\. lfkh!~m f _1ht.1@ t:o..hn 11$° e~Catp-\a, Q~fl::mvfaffe (d S(l{ecl:J (Address) (City ) (Slale) (Zip) Sf 114 oflhe~ 114, Sec. J.Q.. Tv.11. l [. N. or~ .. Rongefi_l:JE. orElw.. (., rJ'-PM. Distance from Seciion Lino&; I I 7 s= Fl.FromrN.or(Ks. IC..oO Fl. From 0 E. or 19'w. Lin e. OR: GPS well localion inlormalion In UTM formal. You ml/$1 chedt GPS unil lor 1equlred solhngs as !Ollow~ Formal musl be llTM. r zone 12 or r zono 13 ; Units musl be me1a1s: Oat1m must be NA083; Unit musl be set 10 lrue notth . Easllng _____ _ Northing _____ _ SubdivislonName ______________ lol_ , Blocll_ , Filir'ogl\JM _ Tho atme lisled CIW08f(s) saJ(s) lhal he, $119 (lhey) own •111 "'°' poonil described herein. The eiislinQ ICCXlld Is beinu emendod lot Ille ~reasons: Chango In name ol owner D Change In mailng address 0 Coocclioo of location for ctKtmpl wells pennihed prior lo May 8, 1972 and -eumpl wels pennillod before May 17, 1965. Please see the reveise side for furthor lnf01111allon r d. co11eclion of the wen localiaft. I {1'19) dalm and say th:ll I (vie) (em) (are) Ille O\'llllf(S) ol Iha wen permil descn"'oed a bow, know 1ho conlonts ol the &latoments m~de herein, and stale Iha! lht are lrue lo m our know! St~n or enter the name{s) ol lhe ntw CMnOr(1) ti slgnilg print oomo & title Dato (mrrJddlyyyy) Slate Engineet By E11111• addtess li:sltd above US ~!ail 1lCC:Ern:i> .\SA Cll.\NGE Of OWNLRSfflP ,tND.'OH MAILINt:.\OOltESS Data Granted The movln1 party Is hereby ORDERED to provide a copy or this Order to any pro se parties who have entered an appearance la Ibis actla. wltbla 10 days fro .. the date of this order. ,__ ____ _..._ _____ ___.. ___________ James B. Boyd District Court Judge DISTRICT COURT, WATER DMSION S, COLORADO 109 8™ STREET, SUITE 104 GLENWOOD SPRINGS, CO 81601 PHONE NUMBER: (970) 945-5075 CONCERNING 1HE APPLICATION FOR. WATER. RIGKl'S OF: TINA KIM AND ROBERT CLAY VELASQUEZ, ROBERT LEE AND IDA MAE BEASLEYtAM> ROBERT ROSS VELASQVEZ IN GARFIELD COUNlY, COLORADO. Date of Order attached CO Garfield County District Court 9ch J filing Date: Feb 242010I1:58AM MST Filing ID! 19731510 Review Clerk: ~athy Hall COURT USE ONLY CASE No. 08CW40 WATER. DMSION S FINDINGS OF FACT, CONCLUSIONS Of LAW, RULING OF REFEREE, AND JUDGMENT AND DECREE This matter came before the Court upon the Application of Tina Kim and Robert Clay Velasquez, Robe.rt Lee and Ida Mae Beasley, and Robert Ross Velasquez (hereinafter "Applicants") for groundwater righ~ swface water right, water storage right, and plan for augmentation. The undersigned Referee has made such inv~gations as are n~ to determine whether or not the statements in the application arc true, has become fully advised with respect to the subject matter of the Application and has consulted with the Division Engineer fur Water Division No. S. The Referee hereby makes the following determination and ruling as the Referee in this matter. FINDINGS OF FA'1' 1. The Applicants are Tina Kim and Robert Clay Velasquez, Robert Lee and Ida Mae Beasley, and Robert Ross Velasquez, cJo Kim Velasquez, 2906 CR 113, Carbondale, Colorado 81623. Applicants are represented in this matter by Balcomb & Green, P.C., P. 0. Drawer 790, Glenwood Springs, Colorado 81602 (970) 945-6546. 2. Applicants filed an Applie&;tion for Groundwater Right, Surface Water Right, Water Storage Right, and Plan for Augmentation on April 29, 2008 and an amendment thereto on January 16, 2009. The Application and Amendment were properly published in the resume for Water Division No. S. All notices required by law have been properly made, including as required C.R.S. §37-92-302(3). 3. The Water Judge referred the Application to the undersigned as Water Referee for Water Division No. 5, State of Colorado, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, known as the Water Rights Determination and Administration Act of 1969. 4. The Court has given due consideration to the Division Engineer's Summary of Consultation dated December 22, 2008 and July 14, 2009. See C.R.S. §37-92-302(4). 5. All notices required by law have been made, and the Court has jurisdiction over the Application and over all of the parties in this case, who had standing to appear, even though they did not do so. 6. The Court finds that the relief requested herein is consistent with the relief originally requested in the Application and for which public notice was provided. CLAIM FOR UNDERGROUND WATER RIGHT 7. Ground Water Right. Velasquez/Beasley Well A. Legal Description. The Velasquez/Beasley Well is located in the SEl/4 SWI/4 of Section 10, Township 7 South, Range 88 West, of the 6th P.M. at a point 1,165 feet North of the South Section Line and 1,835 East of the West Section line of said Section l 0. Section 10 is an irregular section. See Figures 1 and 2 which provide a vicinity map and detailed map of the structures claimed in this Application. River. B. Source. Groundwater tributary to Cattle Creek, tributary to the Roaring Fork C. Date of Initiation of Appropriation. January 17, 2008 (1) How Appropriation was Initiated. Field observation, and intent to appropriate water right (2) Date Water Applied to Beneficial Use. NIA conditional right D. Amount Clmmed. 0.033 cfs (15 gpm) conditional E. Use. Domestic use within two homes, fire protection, and irrigation of up to 21,000 square feet of la~ and for filling of the Velasquez/Beasley Augmentation Tenlc described below for augmentation of domestic and fire protection uses. Cue No. 08CW40 Findings of fact. Conclusion of law, Jucf&mcnt and DccRe Pago2 F. Remarks. (1) The Vclasque'ZIBeasley Well, Permit No. 1SSS78, is presently permitted as an exempt well pursuant to section 37-92-602(3)(b)(U)(A), C.R.S., as the only well on a residential site and for use within one home. This application requests a water right for this well to allow it to be used within two homes and for irrigation uses. Upon entry of a decree in this case and prior to use of the well within two homes and for irrigation uses, Applicant will apply for a new well permit consistent with the tenns of this Application. (2) Pursuant to C.R.S. § 37-90-137(2)(b){Il)(B), Applicant has provided notice of this Application at least ten days before making the application to the owners of wells within 600 feet of the proposed well. CLAIMFORSURFACEWATERRIGBT 8. Sur(ace Water Right. Velasquez/Beasley Augmentation Tanlc Pump A. Legal Description: to be located within 200 feet of a point descn'bed as being in the SEI/4 SWl/4 Section 10, Township 7 South, Range 88 West of the 6th P.M. at a point 1,052 feet North of the South section line and 1,800 feet East of the West section line of said Section 10. Section 10 is an irregular section;. B. Date of Appropriation. January 17, 2008. How initiated. By field observation and fonnation of intent to appropriate water right. C. Amount Claimed: 0.033 cfs (15 gpm) conditional D. Use. Filling of the Velasquez/Beasley Augmentation Tank for augmentation of inigation, domestic, and fire protection uses from the Velasque'ZIBeasley Well described above. E. Source. Cattle Creek CLAIM FOR WATER STORAGE RIGHT 9. Water Storage Right Velasquez/Beasley Augmentation Tanlc A. Legal Description. The Velasquez/Beasley Augmentation Tank is located in the SEl/4 SWl/4 Section 10, Township 7 South, Range 88 West of the 6th P.M. at a point Case No. 08CW40 Findinp of Fact. Conclusion of Law, Judpcnt and Dccrcc Pagel 1,127 feet North of the South section line and 1,802 feet East of the West section line of said Section 10. Section I 0 is an irregular section. See Figure 2. B. Date of Appropriation. January 17, 2008. How initiated. By field observation and fonnation of intent to appropriate water right. C. Amount Claimed: 0.05 acre feet, conditional. (I) Active Storage. 0.05 AF (2) Dead Storage. 0.00 AF D. Surface Area. NIA, underground storage tank. E. Length of Dam. NIA, underground storage tank. F. Use. Augmentation of irrigation, domestic, and fire protection uses from the Velasquez/Beasley Well descnDed above . G. Rate of Filling. Not to exceed 0.033 cfs. H. Source. The V clasquez/Bcasley Augmentation Tank will fill when it is in priority from either: (1) The Velasquez/Beasley Well; or (2) The Velasquez/Beasley Augmentation Tank Pwnp I. Remarks. The Velasquez/Beasley Augmentation Tanlc will consist of one or more underground storage tank(s) that will store approximately 0.05 acre feet. As a pre- fabricated underground storage tank, it will be constructed so as not to intercept groundwater. The Velasquez/Beasley Augmentation Tenk(s) will be installed with low level, gravity flow release mechanism accessible to the water commissioner. Water released from the V clasquev'Beasley Augmentation Tanlc pursuant to the Plan for Augmentation claimed below will accrue to Cattle Creek, at a point located in the SEl/4 SW114 of Section 10, Township 7 South, Range 88 West of the 6"1 P .M. at a point 1,020 feet North of the South Section Line and 1,802 East of the West Section line of said section 10. Section I 0 is an irregular section. CLAJM FOR APPROVAL OF PLAN FOR AUGMENJATION Cuc No. 08CW40 f indinp ofFact, Conclusion of Law, Judgment and Dccrcc Page4 10. Plan for Augmentation. This Application requests approval of a plan for augmentation to account for out-of priority depletions associated with the Velasquez Beasley Well descnl>ed above. A. Structures to be Augmented. Velasquez/Beasley Well B. Water Rights to be Used for Augmentation. Velasque'ZlBeasley Augmentation Tank, described above and from a water supply contract from the Basalt Water Conservancy District, in the amount of one acre foot of annual augmentation water releases from the sources described below to augment out-of-priority depletions. The contract amount includes an assumed ten percent transit loss associated with the augmentation releases. Actual transit losses will be detennined and assessed at the time releases arc made. (1) Information from previous decree for Green Mountain Reservoir: 1. Source: Blue River, tnl>utary of Colorado River 2. Legal description; located approximately 16 miles Southeast of the Town of Kremmling in Summit County. Colorado, and more particularly in all or parts of Sections 11, 12, 13, 14, 15, and 24 of Township 2 South, Range 80 West, and in Sections 17, 18, 19, 20. 21, 28, 29, and 34 1 Township 2 South, Range 79 West of the 6th P.M. 3. Adjudication Date: October 12, 1955 4. Appropriation Date: August I, 1935 S. Case No.: 2782, 5016, and 5017 Court: United States District Court, District of Colorado 6. Decreed Ainowit: 154,645 acre feet 7. Decreed Uses: in accordance with paragraph 5(a), {b). and (c) of the section entitled "Manner of Operation of Project Facilities and Auxiliary Facilities" in Senate Document 80. (2) Information from previous decree for Ruedi Reservoir: 1. Source: Frying Pan River, tributary of Colorado River 2. 9, 11. and 14 through 18, Township 8 South, Range 84 West of the 6th P.M. The reservoir is located in portions of Eagle and Pitkin Counties. 3. Adjudication Date: June 20, 1958 4. Appropriation Date: July 29, 1957 S. Legal description: an on--channel reservoir located in Sections 7, 8, Cue No. OBCW40 Findings of fact, Conclu.sion or Law, Judgment and Decree PageS l Ttoy Ditch {I) TioyDitch htEnl& TtoyDitch 2ncl Eal& TroyDi11:h Waic:r Sysecmlb Lower Head gate (I) (2) (3) (4) (S) (6) (7) (8) (9) (10) 370 427 669 353 673 (2) 6. 7. 8. Case No .: C.A . 4613 Court: Garfield County District Court Decreed Amount: 102,369 acre feet (Originally decreed for 140,697.3 acre feet; reduced to 102,369 acre feet in Case No. W- 789-76) Decreed Uses: generation of electric energy, domestic, municipal, industrial, irrigation and stock watering By decree of the Water Court in Case No. 81CW34, Ruedi Reservoir was decreed a refill right in the amount of 101,280 acre fee~ conditional . In Water Court Case No. 9SCW9S, 44,509 acre feet was made absolute. (3) Information from previous decrees for Troy Ditch and Edith Ditch rights: 3082. 08/25/1936 OSIOl/1906 S.10 0.000 0.000 0.09S 0.064 0.035 006 3082 0112511936 OSIOl/1928 10.80 0.000 0.000 0.200 0.134 0.073 10.393 4613 06/20/1958 0&0111942 6.20 0.000 0.000 O.llS 0.077 0.042 M66 3082 0812.511936 OSl'Ol/1904 2.72 1 0.110 0.1320 0.050 0.000 0.018 2.'410 4613 0612M9'8 07/0111946 3.23 0.000 0.000 0.060 0.000 0.022 3.141 w. u .soP1 J,D,M 0.110 0.1320 0.$20 0275 0.190 14273 2281 q Originally divatocl fivm MWer Crrdc. All othcn ariginally divc:rtal Crom Ftyina Pm River. A1tcmalc point for Ill priorities ofTroy and Edith Ditchca. Combined 1mo1111t 1imi1cd to 15.S c:fi and 4S3 A1 o( comumpcivnse, 300 A1 of which CM be storal 1 = lnipdon, D • Domr:ICic, M • Mllllici)181. C • lDdustrial and P • ~ Tansrcmd to Edilh Ditch Wcll in Case No. IOCWl widi 1.0 AF. Tranercmd ID thne lprinp on Cap K. R.m:h in Case No. 82CWJl9 ( l.29 AF UIUlllCd to be: iacludcd). Deeded toOcorge Yates wilh 15.4 AF In 1983. 0.2 c&ltld 10.60c& was lllcluded lnCase'No. 82CW357 forRucdl SoldhSbora IUp!ClltlliOD plaa. Deeded to .Joan Wheeler in 1987 for diversion au~ Troy Ditch 1st and lad Entaraan=t ( 16.9 AF usumcd to be included). Rc:sctved foraupc:DlaliooofCapK Pood.t with S.52AF. Cue No. 91CWl20. A Iota) of '40.J l AF of the orisinal 453.00AFlwbem10ld or tnmsfcned. In Case No. W-2281, Division S, the Court decreed that 453 acre feet of annual coDS\UDptive-use credits were available to these ditches, and that 300 acre feet could be Cuc No. OBCW40 Findings of fact, Conclusion of Law, Judgment and Dccra: Pqe6 NIA N/A NIA NIA NIA 412.89 l I I (1) stored in an unnamed reservoir. The Basalt Water Conservancy District owns 412.89 acre feet of the 453 acre feet, and makes the water rights available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court. The Troy and Edith augmentation water can be delivered to the Frying Pan, Roaring Fork or Colorado Rivers by bypassing water at the headgatc <;m the Frying Pan River. · (4) Infonnation from previous decrees for Robinson Ditch rights: ROBINSON S.00 1.21 OS/11/1889 06/lS/1882 38 DITCH ROBINSON 2.SO 0.60 05/1111889 04/15/1886 140 DITCH ROBINSON 2.00 0.48 05/11/1889 11/lS/1886 167 DITCH 132 132 132 ROBINSON 10.70 2.S9 12129/1903 04/25/1899 212C 1061 DITCH ROBINSON 20.06 4.8S 0812511936 04125/1900 326 3082 DITCH The BWCD owns 441 shares of Class 1 stock issued by the Robinson Ditch Company. The said 441 shares equal 24.16% of the rolal shares and are associated with 9.73 cfa of the 40.26 cti decreed to the Robinson Ditch. (2) District Court in and for Garfield County 1. Legal Description of Point of Diversion : The point of diversion as decreed is located on the North bank of the Roaring Fork River one-balfmile below the mouth ofSopris Creek in Section 11, T. 8 S., R. 87 West, 6th P.M. 2. Historic Use: Irrigation of approximately 137.2 acres of hay and pasture under BWCD's interest in the Robinson Ditch water rights. In Case No. 93CW319, the Cowt decreed that 360 acre feet of annual consumptive.use credits are associated with said inigation. In that case, the Court also decreed a change of use of BWCD's Cuc No. OSCW40 Findings of Fa.ct, Cooclu.sion of Law, Judgment imd Decree Page7 Robinson Ditch rights to include augmentation. BWCD makes the credits available to contract allottces for use pursuant to an approved substitute supply plan or decree of Court. C. Statement of Plan for Augmentation. 1bis plan for augmentation replaces out- of-priority depletions from the domestic and irrigation uses from the Velasquez/Beasley Well. Jan. Feb. 0.067 0.060 (1) Domestic Demands. Diversions for domestic uses within two homes, are estimated to be 350 gallons per home or 700 gallons per day from the Well. Yearly diversions are estimated to total 0.784 acre feet. Domestic diversions will return to the stream via ISDS system(s) with anticipated depletions of 15 percent Total monthly depletions are estimated at an average of 0.010 acre feet per month, or 0.118 .acre feet per year. Estimated diversions in acre feet are as follows: (2) brigation Demands. Diversions for irrigation uses for 21,000 (0.482 acre) square feet of lawn and landscaping will require 1.34 acre feet per year. Evapotranspiration calculations were based on a Modified Blaney-Criddle Method according to the Pochop Method. This analysis indicates a net inigation requirement of 2.22 feet per acre, or l .07 acre feet for Applicants' 0.482 acre to be irrigated. Assuming an inigation application efficiency of 80 percent, total irrigation diversions from the Velasque-zJBeasley Well will total 1.34 acre feet. Estimated monthly diversions in acre feet are as follows: Jan. Feb. Mar. June Oct Nov. Dec. 0.000 0.000 0.000 0.280 0.075 0.000 0.000 (3) Delayed Depletions. The Velasquez/Beasley Well is located in the alluvium and within 110 feet and the irrigated area is with 250 feet of Cattle Creek. Diversions and return flows Will occur at the same general location. Applicants have had a Glover analysis performed on the Well and concluded that there are no lagged effects from the well due to its proximity to Cattle Creek and boundary conditions. D. Replacements. This plan for augmentation considers two call scenarios. The first considers the Cameo Call, which includes a number of downstream agricultural water rights on the Colorado River near Grand Junction. The second considers a call on Cattle Creek, below Applicants' point of diversion. Cue No. 08CW40 Fmdings of Fact. Coaclwiion of Law. Judament and~ Pagc8 I [ I I (1) Cameo Call. Dwing average and dry years, the Cameo rights have placed a call one week in April and May, two weeks in lune, July through October, and one week in November. When a call has been made on the Colorado River or Roaring Fork River downstream of the confluence of Cattle Creek and the Roaring Fork River, BWCD contract water will be released in an amount sufficient to offset the depletions from the VelasqueVBeasley Well. The storage releases shall mitigate the potential injury to the stream downstream of the confluence of Cattle Creek and the Roaring Fork River, thereby aJlowing Applicant to continue diversions from the Velasque71Beasley Well. A schedule of releases to offset depletions in the event of anticipated calls from the Colorado River is attached as Table t. (2) Cattle Creek. Cattle Creek. Senior water rights between the Velasquez/Beasley Well and the confluence of Cattle Creek and the Roaring Fork River may also place a call . Applicants have estimated a dry-year call scenario from mid-June through October. In the event a call is placed on Cattle Creek, Applicants will curtail all outdoor irrigation uses from the V clasqueVBeasley Well . Domestic depletions will be augmented by releases .from the Velasquez/Beasley Augmentation Tank as shown in Table 2. (3) If the augmentation plan is operated as descnoed above, there will be no injury to other vested water rights. (4) The transit losses associated with replacement releases in this decree, and descnoed in Tables 1 and 2, are only for the purposes of establishing that the plan can operate and may be sufficient to prevent injmy. Actual transit losses will be detennined and assessed at the time releases me made and may be modified per CRS 37-80-102(7) and CRS 37-83-104 as determined necessmy by the Division Engineer. (S) Pursuant to C.R.S. §37-92-305(8) the plan for augmentation is sufficient to permit the continuation of diversions when curtailment would otherwise be required to meet a valid senior call for water, because the Applicants will provide adequate replacement water necessary to meet the lawful requirements of a senior diverter at the time and location and to the extent that the senior would be deprived of their lawful entitlement by the Applicants' diversion. 11 . Aporopriative Rights of Exchanae. Applicant requests confirmation of appropriative rights of exchange to replace the out-of-priority depletions loses from the water rights descnl>ed herein by releases from Ruedi Reservoir or Green Mountain Reservoir. A. Downstream termini: For releases from Green Mountain Reservoir, the downstream terminus is the confluence of the Colorado and Roaring Fork Rivers for Case No. 08CW40 Findings ofFea, Conclusion oCLaw, Judgmcot and Decree Page9 releases from Green Mountain Reservoir located in the SEl/4 of the NWl/4 of Section 9 Township 6 South, Range 89 West of the 6th P.M., at a point approximately 2,200 f~ from the north section line and 2,350 feet from the West section line. For releases from Ruedi Reservoir, the downstream terminus is the confluence of the Cattle Creek and the Roaring Fork Rivers located in the NEl/4 of the NEl/4 of Section 12, Township 7 South, Range 88 West of the 61h P.M., at a point approximately 1205 feet from the North section line and 842 feet from the East section line. Section 12 is an irregular section. B. Upstream terminus: The upstream terminus is located on Cattle Creek in the SE 1/4 SWI /4 of Section l 0, TIS, R88W, 6th P .M. at a point 1154 feet from the South section line and 1992 feet from the West section line. C. Maximum rate of exchange: Not to exceed 0.033 cfs (conditional); maximum volume of 1.0 acre foot annually based on diversions. D. Date of appropriation: April 30, 2008 E. How appropriation was initiated: Filing of Application F. Remarks: Applicant shall give notice to the Division Engineer prior to operation of the exchange decreed herein. 12. Names and addresses of owners or reputed owners of the land uoon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored. including any modification to the existing storHe pool. The water rights claimed herein are located on lands owned by the Applicants. CONCLUSIONS OF LAW 13. To the extent they constitute legal conclusions, the foregoing Findings of Fact are incorporated herein. 14. The Application is complete, covering all applicable matters required pursuant to the Water Right Determination and Administration Act of1969, C.R.S. §§37-92-101 through-602. 15. Applicants have fulfilled all legal requirements for a decree for the requested water rights and plan for augmentation including C.R.S. §§37-92-302 and 37-92-305. 16. The Cowt hereby concludes the Applicants have established that water can and will be diverted under the subject conditional water rights and will be beneficially us~ and that this water supply project can and will be completed with diligence and within a reasonable time. Cuc No. 08CW40 Findings ofFact, Conclusion oft.aw. Judgment and Dccra: PaplO . 17. The conditional water rights decreed herein are individual components of Applicants' mtegrated water supply system . Consequently, in subsequent diligence proceedings, work on any one feature of Applicants' supply system shall be considered in finding that reasonable diligence has been shown in the development of water rights for all features of Applicants' water supply system, see C.R.S. §37~92-301(4)(b). 18 . If operated in accordance with the tenns and conditions of this decree, the plan for augmentation described herein will prevent injury to senior vested or decreed conditional water rights . 19. The subject Application is in accordance with Colorado law. Applicants have fulfilled all legal requirements for entry of a decree in this case. RULING OF REFEREE 20. The foregoing Findings of Fact and Conclusions of Law are incorporated herein. 21. Conditional Water Rights Approved. The Court hereby approves and decrees: A. A groundwater right for the Velasquez/Beasley Well in the amount of 0.033 cfs (IS gpm) conditional. Applicant shall obtain a new well permit for the Velasquez/Beasley Well prior to operation of the well pursuant to this plan for augmentation. No such well permit shall be issued until the Velasquez/Beasley Augmentation Tanlc is constructed and filled with adequate replacement water pursuant to this plan. Applicant shall provide notice to the Division Engineer that the tank has been installed, which shall include an as-built capacity table, profile showing elevation of inlet and outlet structures, and confirmation that a lockable outlet structure bas been installed for the Velasquez/Beasley Augmentation Tank. B. A surface water right for the Velasquez/Beasley Augmentation Tank Pump in the amount of0.033 cfs, conditioDBl; C. A water storage right for the Velasquez/Beasley Augmentation Tank in the amount of 0.05 acre feet, conditional; and D. An appropriative right of exchange in the amount of 0.033 cfs, conditional, up to one acre foot annually, as described herein. 22. Plan For Ausmentation Approved. The Court hereby decrees and approves the plan for augmentation for the Velasque7/Beasley Well descnoed herein. Cuc No. 08CW40 Fi.ad.inga ofFact., C.cadusioa of Law, Judpicnc and Dcc:rcc Page 11 A. The applicant shall install measuring devices, provide accounting, and supply calculations regarding the timing of depletions as required by the Division Engineer for the operation of this plan. The applicant shall also file an annual report with the Division Engineer by November 1 Sth of each year swnmarizing diversions and replacements made under this plan. B. Pursuant to CRS 37-92-305(8), the State Engineer shall curtail all out-of- priority diversions, the depletions from which are not so replaced as to prevent injury to vested water rights. 23. Retained Jurisdiction. A. In consideration of the specific findings and conclusions made herein, and in conformance with C.R.S. § 37-92-304(6) (1990), as amended, the plan for augmentation decreed herein shall be subject to reconsideration by the Water Judge on the question of injury to the vested water rights of others for a period of beginning with the date of decree and extending until five years after the Applicant provides written notice to the parties, the Division Engineer, and the Court that the augmentation plan has become operational, and the augmented uses have attained 75% build-out. Such notice must confirm that the decreed augmenting sow-ces are in place, that the terms and conditions necessary to operate the plan as required by the decree have been met, and that the augmented uses and augmentation have been initiated. For the augmentation tank to be used for augmentation, the notice shall include an as-built stage capacity table, and confirmation that an operable and lockable outlet structure has been installed. If no petition for reconsideration is filed within the period described in this Paragraph 24.A, retention of jurisdiction for this purpose shall automatically expire. B. Any party who wants the Court to reconsider the question of injury mu.1t file a verified petition with the Court, setting forth the facts that cause such injury and explaining the claimed injury. The party filing the petition shall have the burden of going foiward to establish the prima facie facts alleged in the petition. If the Court finds those facts to be established, the Applicant shall thereupon bear the burden of proof to show (a) that any modification sought by the Applicant will avoid injury to other water rights, or (b) that any modification sought by the petitioner is not required to avoid injury to other water rights, or (c) that any term or condition proposed by Applicant in response to the petition does avoid injury to other water rights. 24. Review of determinations made by the Division Engineer or the State Engineer in administration of the underground water right, surface water right, storage water right, and plan for augmentation is a water matter over which the Water Court bas exclusive jurisdiction. 25. Pursuant to Rule 9 of the Uniform Local Rules for All State Water Court Divisions, upon the sale or other transfer of the conditional water rights of the Velasquez/Beasley Well and Que No. 08CW40 Findings ofFact, Conclusion of law. Judgrnc:nt and Ocace Pagell · I I the Velasquez/Beasley Augmentation Tank Pump. the transferee shall file with the Division S Water Comt a notice of transfer which shall state: A. The title and case number of this Case No. 08CW40; B. The description of the conditional water right transferred; C. The name of the transferor; D. The name and mailing address of the transferee, and E. A copy of the recorded deed. The owner of the said conditional water rights shall also notify the Clerk of the Division S Water Court of any change in mailing address. The Clerk shall place any notice of transfer or change of address in the case file of this Case No. 08CW40 and in the case file (if any) in which the Court first made a finding of reasonable diligence . ...... It is accordingly ordered that the foregoing Findings of Fact, Conclusions of Law, and Ruling of Referee shall be filed with the Water Clerk and shall become effective upon such filing, subject to judicial review pmsuant to C.R.S. §37-92-304, as amended. It is further ordered that a copy of this Ruling of Referee and Judgment and Decree shall be filed with the State Engineer and the Division Engineer for Water Division No. S. Done at the City of Glenwood Springs, Colorado this~ da of flea• 2009. l I . Leoniak, Wdll:JteJ~...- Water Division 5, State of Colorado I JUDGMENT AND DECREE No protest was filed in this matter. The foregoing Findings of Fact, Conclusions of Law Case No . 08CW40 findings of fact. Conclusion of Law, Judgmcllt end Decree Page 13 and Ruling of Referee is confirmed and approved, and is made the Judgment and Decree of this Court. The conditional water rights decreed herein shall be in full force and effect until -------201_. If the Applicants wish to maintain the conditional water rights thereafter they shall file an application for a finding of reasonable diligence on or before that date, or make a showing on or before then that the conditional water rights have become absolute water rights by reason of the completion of the appropriation. Donetbis __ ~dayof _________ 200~. BY 1HE COURT: James B. Boyd, Water Judge Water Division 5, State of Colorado Cue No. O&CW40 Findings ofFa.ct, Cmclusion of Law, Judgment and Dccrcc Page 14 I I I I [ l r k:\cllents\ 1217\ 1.0\ Month JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER TOTAL TABLE 1 Velasquez/Beasley Property Augmentation Schedule (Example) Cameo Call All values in acre.feet ~ r -. In-House Use Irrigation Consumptive Total Depletions Use Depletions 0.010 0.000 0.010 0.009 0.000 0.009 0.010 0.000 0.010 0.010 0.065 0.074 0.010 0.153 0.163 0.010 0.224 0.233 0.010 0.231 0.241 0.010 0.197 0.207 0.010 0.138 0.148 0.010 0.060 0.070 0.010 0.000 0.010 0.010 0.000 0.010 0.118 1.069 1.187 GENERAL NOTES: (1) Consumptive use associated with 2 EQR. (2) Irrigation Depletions associated with 0.482 acres of irrgated area. Total Aug. Requirement & Release1 0.011 0.010 0.011 0.027 0.049 0.134 0.266 0.228 0.163 0.077 0.011 0.011 0.997 (3) Total Augmentation Requirements based on In-house CU and irrigation CU. Column (1) + Column (2) (4) Assumes a Cameo Call for one week in April and May, half of June, July through October, and one week in November plus 10 percent transit loss. In-House Use augmented year round with BWCO Contract ' BWCD contract amount. 1217·1.0 Cameo Augmenlallon Sched~.lds RESOURCE ENGINEERING, INC. 4f7/2008 Case No. OllCW.CO, W.D. 15 Prepared by EFM Checked by MJE Tm; rlcnn::.:er.t cc1.:.;Utu!~s a n:lmg of:.!!:! col!!; ;?d s!Jm:.ld b..-u~.1tcd ::.~ ~u:ll. Court: CO Garfield County District Court 9th JD Judge: ANGELA LAIN STRAWN Current Date: Feb 24, 2010 Case Number: 2008CW40 Court Authorizer Comments: Any request for a further finding of reasonable diligence shall be filed in February 2016 . Isl Judge James B Boyd BASALT WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT NO. 555 Pursuant to C.R.S . 1973, 37-45-131 Robert Clay Velasquez and Tina kim Velasquez (hereinafter •Applicants; has applied to the Basalt Water Conservancy District (hereinafter the "District"), a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of Colorado Revised Statutes, 1973, 37-45-101, et seq., for an allobnent Contract for beneficial use of water rights owned, leased, or hereafter acquired by the District. By execution of this Contract, Applicants agree to the following terms and conditions and those certain tenns and conditions set forth in the attached Order, which is fully incorporated as a part of this Contract: 1. QUANTITY: In consideration of the covenants and conditions herein contained, Applicants shall be entitled to receive and apply to beneficial use 1.0 aae feet per year of storage or other augmentation water owned or controlled by the District Applicants shall restrict actual diversions and consumptive use under this Contract to these amounts. The Contract amount is based on the water requirements table attached hereto as Exhibit 8 . Any increase or change in the water requirements to be served by the District will require an amendment to the subject Contract 2. SQURCE OF ALLOTIED WATER: Water rights allotted pursuant to this Contract shall be from the District's water rights deaeed to the Basalt Conduit, Landis Canal, Stockma.n's Ditch Extension, Troy and Edith Ditch, Robinson Ditch, or other water rights hereafter acquired by the District, including the District's right to receive storage water from Ruedi Reservoir and Green Mountain ReseIVoir. The District shall have the right to designate the water right or Decree of the District from which the Applicants' allotted rights shall be obtained. The Applicants' use of any of the District's water rights shall be subject to any and all terms and conditions imposed by the Water Court on the use of the District's said ~ghts. Exchange or augmentation releases made from the District's storage rights in Ruedi or Green Mountain ReseIVoirs or other works and facilities available to the District shall be delivered to the Applicants at the outlet works of said storage facility and release of water at such outlet works shall constitute full performance of the District's delivery obligation. Delivery of water from the District's storage rights in Ruedi or Green Mountain Reservoir shall be subject to the District's lease contract with the United States Bureau of Reclamation and any rules and regulations promulgated pursuant thereto. Releases from other facillties available to the District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District ln the future, so long as the water service to the Applicants pursuant to this agreement is not impaired by said action. 3. PURPOSE AND LOCATION OF USE: Applicants will use the water rights allotted pursuant to this Cqntract for beneficial purposes by diversion at Applicants' point ewco 1t m Anti e C& t:MB.doc ExhlbltB 89 of diversion under the District's direct flow water rights and/or for use by augmentation or exchange. Applicants will use the water allotted by the District within or through facilities or upon lands owned, operated, or served by Applicants, which lands are desaibed on Exhibit A attached hereto; provided that the location and purpose of Applicants' use of said water shall be legally recognized and permitted by the applicable governmental authority having jurisdiction over the property served. Applicants' contemplated usage for the water allotted hereunder is for the following use or uses: ....!_Domestic/Municipal _Industrial _Commercial _Agricultural _Other It is acknowledged that the subject Contract is for water service to lands located in Area B of the Disbict, and that such lands may not be susceptible to service solely by the District's water rights allotted hereunder, or the District's said water rights may not satisfy Applicants' needs and purposes. To the extent that service cannot be achieved by use of the District's allotted water rights, or in the event said service ls inadequate, Applicants may utilize such other water rights, by way of supplementing the District's water rights, or otherwise, as is necessary to assure water service sufficiently reliable for Applicants' intended purpose or purposes. All lands, facilities and areas served by water rights allotted hereunder shall be situated within the boundaries of the District • . Any quantity of the Applicants' allocation not delivered to or used by Applicants by the end of .each water year shall revert to the waler supplies of the District. Such reversion shall not entitle Applicants to any refund of payment made for such water. Water service provided by the Dishict shall be limited to the amount of water available in priority at the original point of diversion of the Dishict's applicable water right and neither the Disbict, nor those entitled to utilize the Dishict's deaees, may call on any greater amount at new or alternate points of diversion. The Disbict shall request the Colorado State Engineer to estimate any conveyance losses between the original point and any alternate point and such estimate shall be deducted &om this amount In each case. The Disbict, or anyone using the District's decrees, may call on any additional sources of supply that may be available at an alternate point of diversion, but not at the original point of diversion, only as against water rights which are junior to the date of application for the alternate point of diversion. Within two years of the date of this Contract, Applicants shall institute legal proceedings for the approval of an augmentation plan and/or any change to an aJtemate point of diversion of the District's water rights to allow the Applicants to utilize the water allotted hereunder, and the Applicants shall give the District written notice of such proceedings. The Dishict shall have the right to approve the Applicants' application for llWCD K 535 Ami II OS-13-0ll.doc 2 Exhibit B { 90 change of water right, and/or augmentation plan or other water supply plan involving the District's rights, and the Applicants shall provide the Disbict copies of such application and of all pleadings and other papers filed with the Water Court in the adjudication thereof. The District reserves the exclusive right to review and approve any conditions which may be attached to judicial approval of Applicants' use of the District's water rights allotted hereunder. Applicants agree to defray any out-of-pocket expenses incurred by the District in connection with the allobnent of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights adjudication necessary to allow Applicants' use of such allotted water rights. Applicants shall be solely responsible for providing the structures, works and facilities, if any, necessary to utilize the Disbict's waler rights allotted hereunder for Applicants' beneficial use. 4. PAYMENT: Applicants shall pay annually for the water service described herein at a price to be fixed annually by the Board of Directors of the Disbict for such service. Payment of the annual fee shall be made, in full, within fifteen (15) days after the date of a notice from the Disbict that the payment is due. Said notice will advise the Applicants, among other things, of the water delivery year to which the payment shall apply and the price which is applicable lo that year. U a payment is not made by the due date, a late feeof$50 (orsuchotheramounl as the Board may selfrom time to lime) will be assessed and final written notice of the delinquent account and late fee assessment will be sent by the District to the Applicants at Applicants' address set forth below. If payment is not made within thirty (30) days after said final written notice, the Disbict may, at its option, elect to t!!rminate all of the Applicants' right, title, or interest under this Contract, in which event the water right allotted hereunder may be transferred, leased or otherwise disposed of by the District at the discretion of Us Board of Directors. In the event water deliveries hereunder are made by or pursuant to agreement with some other person, corporation, quasi-municipal entity, or governmental entity, and in the event the Applicants fail to make payments as required hereunder, the Disbict may, at its sole option and request, authorize said person or entity to curtail the Applicants' water service pursuant to this Contract, and in such event neither the Disbict nor such persons or entity shall be liable for such curtailment. S. APPROPRIATION OF FUNDS: The Applicants agree that so long as this Contract Is valid and in force, Applicants will budget and appropriate from such sources of revenues as may be legally available to the Applicants the funds necessary to make the annual payments in advance of water delivery pursuant to this Contract. The Applicants will hold harmless the Disbict and any person or entity involved in the delivery of water pursuant to this Contract, for discontinuance in service due to the failure of Applicants to maintain the payments herein required on a current basis. BWCD K 555 Ar .. B ~ 1).09.doc 3 Exhibit B 91 6. BENEFIT OF CONTRACT: The water right allotted hereunder shall be beneficially used for the purposes and In the manner specified herein and this Contract is for the exclusive benefit of the Applicants and shall not inure to the benefit of any successor, assign, or lessee of said Applicants without the prior written approval of the Board of Directors of the District. Upon the sale of the real property to which this Contract pertains, Applicants have a duty to make the buyer aware of this Contract and the need to assign the Contract to the buyer. However, prior written approval of the Board of Directors of the District Is required before the assignment is effective. Payment of an assignment fee in an amount determined by the Board shall be required as a prerequisite to approval of the assignment. In the event the water right allotted hereunder is to be used for the benefit of land which is now or will hereafter be subdivided or otherwise held or owned in separate ownership interest, the Applicants may assign the Applicants' rights hereunder only to a homeowners association, water district, water and sanitation district or other special district, or other entity properly organized and existing under and by virtue of the laws of the State of Colorado, and then only if such association, entity or special district establishes to the satisfaction of the Basalt Water Conservancy District that it has the ability and authority to assure Us performance of the Applicants' obligations under this Contract. In no event shall the owner of a portion, but less than all, of the Applicants' property to be served under this Contract have any rights hereunder, except as such rights may exist through a homeowners association or special disbict as above provided. Any assignment of the Applicants' rights under this Contract shall be subject to and must comply with such requirements as the District has adopted or may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors, provided that such requirements shall uniformly apply to all allottees receiving District service. The testrictions on assignment as herein contained shall not preclude the District from holding the Applicants, or any successor to the Applicants, responsible for the performance of all or any part of the Applicants' covenants and agreements herein contained. 7. OTHER RULES: Applicants' rights under this Contract shall be subject to the Water Service Plan as adopted by the Disbict and amended from time to time; provided that such Water Service Plan shall apply unifonnly throughout the District among water users receiving the same service from the Disbict. Applicants shall also be bound by all applicable law, including, for example, the provisions of the Water Conservancy Act of the State of Colorado, the Rules and Regulations of the Board of Directors of the District, the plumbing advisory, water conservation, and staged curtailment regulations, if any, BWCO K SlS Atta II QS. tJ.Ol.doc 4 Exhibit& 92 ( I I I l I l applicable within the County in which the water allotted hereunder is to be used, together with all amendments of and supplements to any of the foregoing. 8. CURT AILMENT OF USE: The water service provided hereunder is expressly subject to the provisions of that certain Stipulation in Case No. 81CW253 on file in the District Court in Water Division 5 of the State of Colorado, which Stipulation provides, In part, for the possible curtailment of out-of-house municipal and domestic water demands upon the occurrence of certain events and upon the Disbict giving notice of such curtailment, all as more fully set forth in said Stipulation. 9. OPERATION AND MAINTENANCE AGREEMENT: Applicants shall enter into an ~operation and Maintenance Agreement~ with the District if and when the Board of Directors finds and determines that such an agreement is required by reason of additional or special services requested by the Applicants and provided by the District or by reason of the delivery or use of water by the Applicants for more than one of the classes of service which are defined in the Rules and Regulations of the Board of Directors of said District. Said agreement may contain, but not be limited to, provision for water delivery at times or by means not provided within the terms of standard allotment contracts of the District and additional annual monetary consideration for extension of District services and for additional administration, operation and maintenance costs, or for other costs to the Disbid which may arise th.rough services made available to the Applicants. 10. CHANGE OF USE: The District reserves the exclusive right to review and approve or disapprove any proposed change In use of the water right allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 11. PRIOR RESOLUTION: The water service provided hereunder is expressly subfect to that certain Resolution passed by the Board of Directors of the Oisbict on September 25, 19'79, and all amendments thereto, as the same exists upon the date of this application and allotment Contract. 12. NO FEE TITLE: It Is understood and agreed that nothing herein shall give the Applicants any equitable or legaJ fee title interest or ownership in or to any of the water or water rights of the District, but that Applicants are entitled to the right to use the water right allotted hereunder, subject to the limitations, obligations and conditions of this Contract. 13. COMPLIANCE wrm SECTION 404 OF THE CLEAN WATER ACT. Applicants shall comply with Section 404 of the Oean Water Ad and consult with the Army 8WCO K».5A,.a BIJS.1~.doc s Exhibit B 93 Corps of Engineers to complete any Section 404 compliance that may be required as a result of the construction of any facilities necessary to use contract water. 14. CONSERVATION PRACTICES : Applicants shall implement and use commonly accepted conservation practices with respect to the water and water rights allotted hereunder and shall be bound by any conservation plan hereafter adopted by the District, as the same may be amended from time to time. 15. WELL PERMIT: If Applicants intend to divert through a well, then Applicants must provide to District a copy of Applicants' valid well pem!it before the District is obligated to deliver any water hereunder, and it ls the Applicants' continuous duty to maintain a valid well permit. Applicants shall also comply with all restrictions and limitations set forth in the well pennit obtained from the Colorado Division of Water Resources . Applicants must comply with the well-spacing requirements set forth in C.R.S. §37-CJ0..137, as amended, if applicable. Compliance with said statutory well-spacing aiteria shall be an express condition of the extension 9f service hereunder, and the Dis bid shall in no way be liable for an Applicants' failure to comply. Applicants agree to mark the well in a conspicuous place with the pennlt number. 16. MEASURING DEVICE ORM£TER: Applicants agree to provide, at their own expense, a totalizing flow meter with remote readout to continuously and accurately measure at all times all water diverted pursuant to the terms of Applicants' water right and the terms of this Contract. On or before November 15 of each year, Applicants will provide accurate readings from such device or meter (recorded on a monthly basis for the period November 1 through October 30 of each year) to District, the Division Engineer and Water Commissioner. Applicants acknowledge that failure to comply with this paragraph could result In legal action to tenninate Applicants' diversion of water by the State of Colorado Division of Water Resources. By signing this Contract, AppUcants hereby specifically allow District, through its authorized agent, to enter upon Applicants' property during ordinary business hours for the purposes of determining Applicants' actual use of water. 17. CONTRACTTERMINATION: A. Termination by Disbict 1. The District may terminate this Contract for any violation or breach of the terms of this Contract by Applicants, or Applicants' breach of any other contract with the Disbict. 2. The District may terminate this Contract if, in its discretion, any judicial or administrative proceedings initiated by Applicants threaten the District's authority to contract for delivery or use of the Disbid's BWCOK555Atta 11~1).m.doc 6 ExhlbltB 94 I I I I l [ [ l water rights, or threaten the Disbict's permits, water rights, or other interests of the Dishict. B. Termination by Applicants: 1. Applicants may tenninate this Contract in its entirety for any reason by notifying the Dishict in writing of the termination on or before April 1. Notice by said date will prevent the Applicants' liability for the next annual contract charge. 18. RECORDING OF MEMORANDUM: In lieu of recording this Water Allotment Contract, a Memorandum of Water Allotment Contract will be recorded with the Garfield County CJerk and Recorder's Office. The costs of recording the Memorandum shall be paid by Applicants. Applicants: By,'\?\ g(' \ ' ·? C ~ Robert Clay Velasqu By7m&~M..~o Tma Kim Velasq~ Applicants' Address: Robert Oay Velasquez and Tina Kim Velasquez 2906 County Road 113 Carbondale, CO 81623 Telephone No.: (970) 945-1529 STATEOFCOLORADO ) COUNlY OF e,,,& >~ ~ ss. Subscribed and sworn to before me this __L day of _....3':.._,,~ ... \...i..lk-----' 2008, by Robert Oay Velasquez and Tma Kim Velasquez. ~ "\ WITNESS my hand and official seal. My commission expires: b~\-\() dLn 6lL ~ . ~i.JCIA CRANDELL Notary Public ; NOTARY PUBLIC BWCOK555,.,... BQS.IUll.doc ;.. .?!~TE OF COLOUDO \'rC~Eli*tl 01ll1noto Exhibit B 95 EXBIBIT .. A" PARCEL! A parcel of land situated in Lot 14 of Section 10. Township 7 South. Range 88 West of the 6th P.M. described as follows: Beginning at a point on the Southerly line of said Section lo. whence the South Quarter Comer of said Section 10 bean South 83 degrees 10'43" East 390.22 feet; thence North 83 degrees I 0'43" West 357.50 feet along the Southerly line of said Si:ction 10; thence North 00 degrees 02'32" West 714.36 feet; thence North 13 degrees 42'20" West 667.00 feet to a point on the Northerly line of said Lot 14; thence South 83 degrees 42'20" East 31925 feet along the Northerly line of said Lot 14; thence South 13 degrees 42'20" East 593.78 feet; thence South 04 dcgree.t 00' 11 • East 794.90 feet to a point on the Southerly line of said Scctfon Io. the Point of Beginning. COUNTY OF GARFIELD STA TE OF COLORADO AND. PAR~L2 A portion of Lot 18, Section 10, Township 7 South, Range 88 West of the 6th P.M., Garfield County, Colorado, more particularly described as follows: Commencing at .an iron post and brass cap properly marked aod found in place for the Center South lit 6 Comer of said Scttion I 0 (being the same u the S.E. Comer of said Lot 11), thence Nonb 83 degrees 16'44" y.'est along the South liae of said Lot 18, 588.45 feet to the True Point of Bcgi.ml.ing; lhcnce along said South line of Lot 18, 319.25 feet; lhence leaving said South line North 13 degrees 42'20" West 94.16 feet to the North tine of said Lot 18; thence along said North line North 70 depes 02'42" East 10.57 feet; thence along said North line along a curve to the right. having a radius of 387.ss feet and a ccncral angle of 17 degrees ST 04•, a distance of 119.BS feet; thence along said North line North 87 degrees 59'46" East 173.04 feet; !hence leaving said North line South 13 degrees 42'20" Eut 165.96 feet to the True Point of Beginning. COUNTY OF GARFIELD STA TE OF COLORADO I Exhibit A I ExhlbltB 96 [ f f I I l l l [ l l I [ [ 'a £j 111111111111 "~l ::S!::gJ~•!"~:::: ! ::. J ~~=dddo ;c1:l: .... :s .... = ~ ,... ;i .. o::li~ft!U~:::: ~ ~ ~ 660 ... .. qo dciocid o d oci .. ~ I !!!!!!!!!!!! ! 0 = as z! ! i ~gsj !!!!!!!!!!!! ! H J ] £!j 1191s99e!119 I d d J dcl d dddd ... ~ ~Jt J ) n H I I !!!!!!!!!!!! ! I a ! ,! - sJI ogaoaooaoooo = 1!!! E S' 6 E : !~!~!~:!!! d £ ::. i ~ i: ~ ~!§!!5!!~!5§ ! . € I !!!!!!!!!!!! ! ... :i§ §o cl § i: ;; .. ~! ~!J !!!!!!!!!!!! ! 1~1j ! 11 - 911aeft!~s~11 ! j I doddo dooo ~1 Ii J u eJI !!!!!!!!!!!! ! ~I i .. i! JJ zJJ !!!!!!!!!!!! i -a c ~ d II11111JIJIJ , I i Exhibit& 97 ORDER GRANTING APPLICATION FOR ALLOTMENT CONTRACT ROBERT CV. Y VEL\SQUEZ AND TINA KIM VELASQUEZ CONTRACT NO. 555 Application having been made by or on behalf of Robert Clay Velasquez and Tina Kim Velasquez and hearing on said Application having been duly held, it is hereby ordered that said Application be granted and that the attached Water Allotment Contract for 1.0 acre feet per year of storage/augmentation water owned or controlled by the Disbict is hereby approved and executed by and on behalf of the Basalt Water Conservancy District, for the beneficial use of thew ater allotted in the attached Contract, upon the terms, conditions and manner of payment as therein specified and subject to the following specific conditions: 1. The Applicants have ac;knowledged that the land to be benefited by the attached Contract is desoibed on Exhibit A attached hereto and incorporated herein by this reference. 2. In the event of the division of the property served by this Contract into two or more parcels owned by different persons, the Applicants shall establish a Homeowners Association or other entity acceptable to the District for the ongoing payment of charges due under the approved Contract following subdivision of the property. The Applicants shall give notice to purchasers of all or any part of the subject property of the obligation of this Contract, and shall record such notice in the records of the Oerk and Recorder of Garfield County, Colorado. Applicants and their successors and assigns shall comply with all rules and regulations now existing or hereafter adopted by the District, including enforcing payment of charges due under the approved Contract by present and future owners of all or any part of the real property served under this Contract. 3. The Applicants shall maintain their Association in good standing and shall be responsible for the ongoing payment of charges due under the approved Contract. Applicants shall give notice of the obligations of this Contract to purchasers of all or any part of the property served by this Contract. Applicants and their successors and assigns shall comply with all rules and regulations now existing or hereafter adopted by the District to enforce payment of charges due under the approved Contract by present and future owners of all or any part of the real property served under this Contract. 4. Any allotment of less than 1.0 acre foot of storage water in Paragraph 1 of the attached Contract shall be deemed 1.0 acre foot for purposes of establishing the annual water service charge for such water allotment 5. Applicants have represented to the District that the proposed use of the land Ordrt K SSS Atta 80S.ll41.Joc ·1· Exhibit B 98 I l I I l lo be benefited by the water allotted hereunder has been approved by the applicable governmental authorities having jurisdiction over such land use and by executing the attached water allotment contract warrants to the District that the lot or parcel to be benefited hereunder is legally subdivided. 6. Any well permits issued on the basis of this Allotment Contract shall be applied for and issued in the name of the Applicants. 7. By acceptance of this Contract, Applicants acknowledge that within two years of the date hereof or such later date as the District may approve, the Applicants shall file with the Waler Court of Water Division No. 5 a water rights plan of augmentation for utilization of water allotted hereunder at the location and for the purposes hereinabove set forth. 8. The Applicants have acknowledged that the land to be benefited by the water allotted hereunder is located within the District'& service Area B and the Applicants are aware that the District's temporary water supply plan approved by the State Engineer is confined to District service Area A Accordingly, the District's sole obligation under this Contract shall be to release the water allotted hereunder at the outlet works of Ruedi Reservoir or Green Mountain Reservoir, or at the point of diversion of the direct flow rights(s) described in paragraph 2 of the attached Contract. Granting of this Allotment Contract does not constitute the District's representation that the Applicants will receive a well permit or water rights decree.for the land to be benefited hereby. 9. Any and all conditions imposed upon the release and diversion of waler allotted hereunder in any water rights plan of augmentation or other water rights decree of the Water Court for Water Division No. 5, including Case No. 08CW040, shall be incorporated herein as a condition of approval of this contract. Granting of this allotment contract does not constitute the Oistricrs representation that the Applicants will receive a well permit or water rights decree for the land to be benefited hereby. 10. This Contract is conditioned upon and water may be delivered hereunder only in conformity with a water rights plan of augmentation deaeed by the Water Court of Water Division No. 5 in Case No. 08CW040. Any and all conditions imposed upon the release and d iversion of the waler allotted hereunder in the decree of said Water Court shall be incorporated herein as a condition of approval of this Contract. Granting of this Allotment Contract does not constitute the Disbict's representation that the Applicants will receive a well permit or water rights decree for the land to be benefited hereby. 11. If Applicants intend to divert water through a well or wells, Applicants shall provide the District a copy of Applicants' valid well permi~ for each such well before the District is obligated to deliver water for the benefit of Applicants hereunder. Applicants -2- Exhibit B 99 must comply with the well-spacing requirements set forth in C.R.S. §37-90-137, as amended, if applicable. Compliance with srud statutory well-spacing criteria shall be an express condition of the extension of service hereunder, and the District shall in no way be liable for cln Applicants' failure to comply. Approved this l31h day of May, 2008 . BASALT WATER CONSERVANCY DISTRICT Attest: __.-;;? By: ___ c:---J~-"-----C'~, Secretary By: __ ~~~~~~r~B~:~:~t-s~~~~~ce=..;;.Pr~e~si-d-en_t ______ _ Exhibit B 100 I I I I ( -+-o\)\JD ei 1~L\l\) 4ib\1-3 GARFIELD COUNTY BUILDING AND SANITATION DEPARTMENT 108 Eighth Street, Suite 201 Glenwood Springs, Coloradof 81601 INDIVIDUAL SEWAGE DISPOSAL PERMIT PROPERTY Phone {970) 945·8212 Owner's NamV~i£.,1.I tdrr++\ZJ M Present Addres~ I)\ 0 G62.l I? ~ WS System Location .30~1 c rz. \ }3 Legal Description of Assessor 's Parcel No. :J~2-\.QQ -'QO -(}-\-]- SYSTEM DESIGN ------Sopllc Tank Capaclly (gallon) _______ Other ---~--Percolati on Rate (minutes l~n e h) Number or Bedrooms (or other) ----- Required Absorption Area • See Atcached Special Setback Requirements ~ Permit 4479 Assessor's Parcel No. This does not constitute a building or use permit. Date ______________ Inspector ------------------------------ .r:f~~~ Call for Inspection (24 hours notice) Before Covering Installation FINAL SYSTEM INSPECTION AND APPROVAL (as Installed) System Installer ~-?!:-" ~~~ ~.:ur, Septic Tank Capacity ____ ...:.,,'-c.;;JJ.L. ·~....c....:~""'--------... ~"---_.;:;...;;/_..~"'--=::;...--"'~"-""""";;;;.r;'-------------- Septic Tank Manufacturer or Trade Name --------------------------------- Septic Tank Access within B" of 11urface --------------------------------- Absorption Area ------------------------------------------ Absorpllon Area Type andfor Manufacturer or Trade Name --------------------------- Adequate compliance with County and State regulations/requirements Other ----------------------------------------------~ Date ___,_\ \_._~_o_·_O_o ____ inspector .... S::~F-~...;;.F_n"""'9.,,,.. --"L .... 'E~-+.:..-.;tf~e. _________ _ RETAIN WITH RECEIPT RECORDS AT CONSTRUCTION SITE •CONDITIONS: 1. AU lnstallallon must comply with all requirements of the Colorado State Board of Health Individual Sewage Disposal System11 Chapter 25, Article 10 C .R .$. 1973, Revlsed 1984 . 2. This permit is valid only for connection lo structures whJch have fully complted with County zoning and building requirements. Con· nection to or use with any dwelling or structures no! approved by Iha Building and Zoning office shall automatically be a violation or a requirement of the permlt and cause for both legal action and revocation of the permit. 3. Any person who constructs, alters, or Installs an Individual sewage disposal system i n a manner which involves a knowing and material varialion from the terms or specifications contained In the applicatlon of permit commits a Class I, Petty Ollense ($500.00 fine -6 months in jail or both). While. APPLICANT Yellow. DEPARTMENT 101 J 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 GARFIELD COUN~jii!~j~.i').ICA TION 108 8th Street, Suite~ iCOwood Springs, Co 81601 Phone: 970·945-8212 /Fax: 970-384-3470 I Inspection Line: 970-384·5003 fi Id www.nar 1c ·countv.com Parcel No: (lhis Information Is avaBable al Iha assesso1S ollice 976-945-9134) c:0.3'93 (D 3 _..., 2 ~ _,. -----~ -,,.. -I CJ-""">"""""......-~../A 00·-DY 7 Job Address: ~I an address has no! been assigned, please provide Cr, Hwy or Street Name & Cily) or ancl legal description r6/) &:ltlN/Y /l./J 113 6'?LL=7.JJPPt::'A S}),.&../NtnS, C.0 8"J '-0 I LolSi~f _ • Lot No: Block No: Subd.I Ex?lion: /I), ~ S /~Ckl.~,'"'J: /.()r /2 .:s'CZ-Tl()N /!} ~UIJ\/.SHlj) 7 .:So«nt ~Ntl 'Jl)l Jtle:st ~p r,·dl,"llJ · Owner. (property owner) Mailing Address Ph: Alt Ph: /Zo~Z'M 1111/e&:n.s~ =190(# c::eiu~ /UJ /1.3 9#S·/:Jatt:} /.//t'J /U>6 ti-).Om I/ c:1-A --· -Z!-dft..t:5V~V00.P "plLIN~, C0 Contractor: Mailing Address 9v /11Sll //67.uJe llr6 Ph· All ~:;;i9'·..Y~.!i-.:?' /),qVt; (!AJU)J/ZF &#ST:r'NC-. d/l~A'.IJAt..8. CO. H'/(,.11.::J ?tfi3-:?~/3 Engineer: Mailing Address Ph: All Ph: - PERMIT REQUEST FOR: /' (\..}"" New Installation ( ) AHeration ( ) Repair WASTE TYPE: (\1Dwelling ( )Transient Use ( )Commercial or industrial ( )Non-Domestic wastes ( )Other -Describe BUILDING OR SERVICE TYPE: ~1r - Number of 6edrooms ~ Garbage Grinder U-f< es ( )No SOURCE & TYPE OF WATER SUPPLY: If supplied by COMMUNITY WATER, give name of supplier: Q,-)WEll ( )SPRING ( )STREAM OR CREEK ( )CISTERN DISTANCE TO NEAREST COMMUNITY SEWER SYSTEM: N /A WH an effort made to connect lo the Community System? Al/A YOUR INDIVIDUAL SEWAGE DISPOSAL SYSTEM PERMIT WILL NOT BE ISSUED WITH OUT A SITE PLAN GROUND CONDITIONS: Depth to 1 '1 Ground Waler Table Percent Ground Slope T~OF INDIVIDUAL SEWAGE DISPOSAL SYSTEM (ISOS) PROPOSED: ( eplic Tank ( )Aeration Plant ( )Vault ( )Vault Privy ( )Composting Toilet ( )Recycling, Potable Use ( )Recycfmg, other use ( )Pit Privy ( )Incineration Toilet ( )ChemicalToilet ( )Other· Describe F=DISPOSAL BY: ( sorplion trench, Bed or Pit ( )Underground Dispersal ( )Above Ground Dispersal ( )Evapotranspiration ( }Sand filler ( )Wastewater pond ( )Other· Describe , WUI effluent be discharged directly Into waters of the state? ( )YES (•)NO PERCOLATION TEST RESULT: (to be completed by Registered Professional Engineer,~ lhe Engineer does lhe Percolation Test) Minutes per inch in hole No.1 Minutes per inch in hole No.3 Minutes per inch in hole No.2 Minutes per inch in hole No._ Name, address & telephone of RPE who made son absorption test Name, address & telephone of RPE responsible for design of the system: Applicant acknowledges that the completeness of lhe application is conditional upon such further mandatory and additional test and reports as may be required by the local health department to be made and furnished by the applicant or by the local heallh department for purposed of the evalualion of the application; and the issuance of the permit is subjecl lo such terms and conditions as deemed necessary lo insure compliance with rules and regulalions made, information and reports submitted herewith and required to be submilled by the applicant are or will be represented lo be true and correct to the best of my knowledge and belief and are designed to be relied on by the local department of health in evaluating the same for purposes of issuing the permit applied for herein. I further understand lhal any falsification oc misrepresentation may result in !he denial of the appncation or revocaUon of any permit granted based upon said application ~ legal action for perjury as pro~d by law. -..,_ ~ 7~~.A ~ .;./ lf,/.75/,J//UI? "OWNERS SIGNATUKE (7 / D.i\'fE STAFF USE ONLY Permit Fee: 73.!!£. Perk Fee: /00-~ Total fees: ~ Building Permit #: 17 3. Septic Permit #: Issue Date: Building & Planning Dcp1: APPROVAL DATE H l l 1' POBox2844 ~COUIP[ tafl&J :~e;:a:~;~~;:s,cos1602 ilDll b[ . ._, Fax303-216-2796 November 28 11' 2008 Dave Cardiff Construction Clo Dave 506 Mesa Verde Avenue Carbondale, CO 81623 Installation Observation, Beasley Residence Cattle Creek Road Garfield County, Colorado Dave, lll~C F.JVE.D DEC 1 5 ZOOB Project No. 1532 I. j,"'4,1{r ;Ll.·..1 v•_...,,. I ' BU1LOING P.. PLANN \NG ALL SERVICE septic, LLC performed an installation observation on October 7•h and November 261h 2008 for the subject property. The installation included a 1500-gaJlon, two-compartment precast concrete septic tank with a Biotube pump, and followed by 4 rows of 14 'Quick-4' chambers, for a total of 56 chambers, equaling 553 SF of drain field. Effluent is distributed with serial distribution. The pump and floats were in place at the time of our second observation. The pump and floats did not have power. The onsite foreman may activate pumping system upon occupancy of residence. The OWS was installed according to specifications. This observation is not a guarantee of workmanship and/or parts and materials. ALL SERVICE septic, LLC should be notified if changes are made to the OWS. LIMITS: The observations were based on information submitted. If conditions are different from conditions described in this letter, ALL SERVICE septic, LLC should be notified. All additional OWS construction must be according to the county regulations. The installer should have documented and demonstrated knowledge of the requirements and regulations of the county in which they are working. Please call with questions. Sincerely, A~zc,LLC .;;mothy .(Pe~ 2 copies sent Copy sent to Garfield County Review ~ Richard H . nll T · P08ox2844 • f GlenwoodSprlngs,(081602 erou1rc \ Ph97o.61s-son ~lDI bl Faxm-21&·2796 September 8, 2008 Dave Cardiff Construction 506 Mesa Verde A venue Carbondale, CO 81623 Project No. 1532 Subsurface Investigation and Onsite Wastewater System Design, Proposed 4-Bedroom Residence Cattle Creek Road (2.9 miles from Highway 82), Beasley Residence Garfield County, Colorado Dave, ALL SERVICE septic, LLC performed a subsurface investigation and an onsite wastewater system (OWS) design for the subject residence. The property is located outside of Carbondale, CO, in an area where OWS and wells are necessary. SITE CONDITIONS A 4-bedroom single-family residence is being constructed. The proposed drain field area slopes 10% to the south, and vegetation consists of a moderate cover of grasses and sagebrush . Water is provided by an onsite well, which is located to the south of the proposed drain field. SUBSURFACE The subsurface was investigated by digging one profile pit and three percolation holes, as indicated. The materials encountered in the profile pit consisted of I ~foot of a sandy root zone, underlain by clayey sand with scattered angular rocks to the maximum depth explored of 8 feet. Groundwater or bedrock was not encountered. Three percolation holes were dug, jn the area of the proposed drain field, as indicated. Percolation rates ranged from 20 to 27 minutes per inch (MPI). A 25 MPI rate will be used to design theOWS. DESIGN SPECIFICATIONS The OWS design is based on 4-bedrooms and an average sewage load of 600 GPD . The installation must include a 1500-gallon, two-compartment, precast concrete septic tank with a Biotube pump vault. Tank alternatives may be considered. Four gravelless chamber trenches, using 'Quick-4' Infiltrator™ chambers, must be installed as indicated. Each trench must have I row of 14 chambers, for a total of 553 square feet (SF) of infiltrative area. A 3-inch to 4·inch perforated PVC lateral must be suspended the full length in the first row of chambers. Serial distribution should be used to distribute effluent. Subsurface Investigation and OWS Design Project No. 1532 9/08/08 Page2 Construction must be according to the Garfield County Health Department OWS regulations, the OWS Construction Pennit provided by the county, and this design. This design for the subject property, noted above, is valid only in conjunction with the approved Garfield County Environmental Health Department. OPERATION INFORMATION AND MAINTENANCE The surface of the drain field should be seeded upon completion. Vegetation is an important factor in drain field performance. Erosion control should be practiced prior to and during re-vegetation. Geo- fabrics or plastics should not be used over the drain field. No heavy equipment, machinery, or materials should be placed on backfilled drain field. Livestock should not graze on the drain field. Plumbing fixtures should be checked to ensure that no additional water is being discharged to OWS. For Example, a running toilet or leaky faucet can discharge hundreds of gallons of water a day and harm a drain field. The homeowner should pump the septic tank every two years and clean the effiuent filter as needed. Garbage disposal use should be minimized, and non-biodegradable materials should not be placed into the OWS. Grease should not be placed in household drains. Loading from a water softener should not be discharged into the OWS. No hazardous wastes should be directed into the OWS. Mechanical room drains should not discharge into the OWS. The OWS is engineered for domestic waste only. ADDITIONAL CONSTRUCTJON NOTES If design includes a pump, air release valves and weep holes should be installed to allow pump lines to drain to minimize risk of freezing. Excavation equipment must not drive in excavation of drain field due to the potential to compact soil. Extensions should be placed on all septic tank components to allow access to them from existing grade. Precast concrete tanks and distribution boxes should be used, unless plastic or fiberglass is required. Access to all tank compartments and distribution devices is optimal. INSTALLATION OBSERVATIONS ALL SERVICE septic, LLC, and the county must view the OWS during construction. The OWS observation should be performed before backfill, after placement of chambers and distribution pipes. Septic tanks, distribution devices, pumps, dosing siphons, and other plumbing, as applicable, must also be observed. ALL SERVICE septic, LLC should be notified 48 hours in advance to observe the installation. BEASLEY RESIDENCE CATTLE CREEK ROAD GARFIELD COUNTY, COLORADO FIRST TRENCH ONLY TO HAVE PERFORATED PVC LATERAL SUSPENDED FULL LENGTH IN TRENCH t SCALE 1 ... 2Qf NORTH 4" PVC SEWER PIPE WITH CLEANOUT ALL SERVICE SEPTIC, LLC 970-618-5033 PRO. N0.153 FIGURE2 108 GARFIELD COUNTY ENVIRONMENTAL HEAL TH DEPARTMENT Percolation Test and Soils Data Form -TABLE 1 -PROJECT 1532 PROFILE PIT Date of Test: 9/06/2008 0 -1' Sandy Root Zone 1' - 8.0' Sand, Clayey, Dense, Moist, Brown I Grey Scattered Rocks up to 8-inches in diameter No Groundwater or Bedrock was Encountered Hole Hole Interval Measurement at Measurement at Change (in.) Percolation Rate No . Depth (in .) (min.) Start of Interval End of Interval (min .fin .) MPI On .) (in .) 1 33 20 2.50 4.00 1.50 20 4 .00 5.00 1.00 20 5.00 6.00 1.00 20 6.00 7 .25 1.25 fill 20 3.50 4.50 1.00 20 4.50 5.50 1.00 20 2 37 20 1.75 3.25 1.50 20 3.25 4.00 0.75 20 4.00 5.00 1.00 20 5.00 5.75 0.75 20 5.75 6.50 0.75 20 6.50 7.25 0.75 27 3 39 20 2.50 4 .00 1.50 20 4.00 5.25 1.25 20 5.25 6.00 0.75 20 6.00 7.00 1.00 20 7.00 7.75 0.75 27 20 7.75 dry AVG= 25 MPI A LL • 3 Four Wheel Drive Rd Carbondale, CO 81623 970-309-5259 ~rn~ml~ · 1 ~ August28,2016 Julie Pratte The Land Studio jjpratte@comcast.net Onsite Wastewater Treatment System Planning Proposed Subd ivision of Property 3064 Cattle Creek Road Pitkin County, Colorado Julie, Project No. C1222 ALL SERVICE septic, LLC has reviewed the desired development plan and visited the subject property to assess onsite wastewater treatment system (OWTS) alternatives for a proposed subd ivision of the property. The 10.95-acre property is located outside of Glenwood Springs, in an area where OWTSs and wells are necessary. Legal Description : Section : 10 Township : 7 Range : 88 TR IN LOT 14 CONT 10.0AC ALSO A TR CONT .95AC Parcel ID : 2393-103-00-047 EXISTING CONDITIONS A 4-bedroom, single-family residence is currently developed on the eastern portion of the property. This residence is served by an OWTS designed by ALL SERVICE septic, LLC in 2008, Project No. 1532. This OWTS consists of one 1500-gallon concrete septic tank with a pump in the second compartment. Effluent is pumped to four rows of 14 'Quick 4' Infiltrator® chambers. PROPOSED DEVELOPMENT It is proposed that the property be bisected, dividing the property from north to south. A 4- bedroom, single-family residence on the western portion of the property Is contemplated. 110 Page2 We have calculated approximate sizing of an OWTS that would serve the proposed future development assuming Soil Type 2 with a long term acceptance rate (LTAR) of 0 .6 gallons/square foot (based on percolation tests and soils data obtained from ALL SERVICE septic, LLC documents dated 2008). We recommend a minimum 1500-gallon, two-compartment septic tank with a pumping system in the second compartment of the septic tank. The soil treatment area (STA) may consist of an approximate footprint of 21' x 56', with a design configuration of pressure dosed gravelless chamber trenches. Design Calculations: 4-bedrooms = 525 GPO 525 GPO I 0.6 gal/SF = 875 SF 875 SF x 0.8 (pressure dosed trenches) x 0 .7 (chambers)= 490 SF 490SF/12 SF/chamber= 41 chambers A proposed configuration of three trenches , each consisting of 14 'Quick 4' Infiltrator® chambers for a total of 42 chambers and 504 square feet of infiltrative area . There must be at least 6-feet of undisturbed soil between each trench . Alternate design considerations may be considered . If assumptions about the soil type are found to be incorrect or if design configuration or technology choices are modified , the footprint of the STA is subject to change. Setback considerations include the following : House to STA= 20 feet STA to unlined irrigation ditch = 50 feet ST A to lined ditch = 10 feet ST A to well = 100 feet Septic tank to well = 50 feet Please call with questions. Sincerely, ALL SERVICE septic, LLC Carla Ostberg, MPH, REHS Reviewed By: 111 GARFIELD COUNTY ENVIRONMENTAL HEALTH DEPARTMENT Percolation Test and Soils Data Form -TABLE 1 -PROJECT 1532 PROFILE PIT Date of Test: 9/06/2008 0-1' Sandy Root Zone 1' -8.0' Sand, Clayey, Dense, Moist, Brown I Grey Scattered Rocks up to 8-inches in diameter No Groundwater or Bedrock was Encountered Hole Hole Interval Measurement at Measurement at Change Qn.) Percolation Rate No. Depth (in.) (min.) Start of Interval End of Interval (min.Jin.) MPI fin.) On.) 1 33 20 2 .50 4.00 1.50 20 4 .. 00 5.00 1.00 20 5.00 6.00 1.00 20 6 .00 7.25 1.25 fill 20 3.50 4.50 1.00 20 4 .50 5.50 1.00 20 2 37 20 1.75 3.25 1.50 20 3.25 4.00 0.75 20 4.00 5.00 1.00 20 5.00 5.75 0.75 20 5.75 6.50 0.75 20 6.50 7.25 0.75 27 3 39 20 2.50 4.00 1.50 20 4.00 5.25 1.25 20 5.25 6.00 0.75 20 6.00 7.00 1.00 20 7.00 7.75 0.75 27 20 7.75 dry AVG=25MPI [ I [ { r ! 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I I ' , I ' I I I I '-· 113 ' ' I I WELL-SHARING AGREEMENT THIS AGREEMENT is made and entered into this day of , 201 _, by and between KIM & ROBERT CLAY VELASQUEZ, ROBERT LEE & IDA MAE BEASLEY, & ROBERT ROSS VELASQUEZ (Owners), having an address of 3064 County Road 113 in Garfield County, and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, acting for the County of Garfield, State of Colorado, as a body politic and corporate, directly or through its authorized representatives and agents ("BOCC"). WITNESS ETH: WHEREAS, KIM & ROBERT CLAY VELASQUEZ, ROBERT LEE & IDA MAE BEASLEY, & ROBERT ROSS VELASQUEZ are the owners of certain property and a development to be commonly known as the Velasquez Minor Subdivision ("the Development"); WHEREAS, a water well (hereinafter "Well") has been constructed on New Lot 2, and operates pursuant to Colorado Division of Water Resources Well Permit No. , which provides up to 15 gallons per minute of water for fire protection, and domestic use within two homes, the irrigation of up to 2 I ,000 square feet of lawn and for filling of the Velasquez/Beasley Augmentation Tank. WHEREAS, the owners of New Lot 2 each own an undivided 115 interest in the Well, the well permit therefor, the pump and any appurtenant facilities; and WHEREAS, the owners of New Lot 2 each own a non-exclusive easement for water and power conveyance from the Well to the boundary of New Lot 2 and New Lot 1; and WHEREAS, the owners of New Lot 1 own a non-exclusive easement for water and power conveyance across New Lot I; and WHEREAS, the parties by this Agreement desire to set forth their understanding concerning the future ownership, maintenance, operation, repair, replacement, and use of the Well and appurtenant facilities, and related matters. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the adequacy and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: I. Ownership of Appurtenant Facilities. The owners of New Lot I and New Lot 2 shall each own an undivided one-fifth interest in and to the Well, well permit, pump, meter, and associated facilities for the withdrawal of water located at the Well. Each party shall be the sole owner of any facilities used solely by that party, including individual service lines and storage tanks. DOE-Well Sha.ring Agmt-1 -1-65 3 . Operation. Maintenance and Repair Costs. All operation, maintenance, replacement and repair costs associated with the Well, the pump, meter and associated facilities for the withdrawal of water from the Well shall be shared equally between the owners of Parcels A, and B. The owners of Parcels A and B shall be solely responsible for the costs of maintenance, operation, repair, and replacement of any facilities used solely by that party, including individual service lines and storage tanks. Said owners agree to cooperate to enter into mutual agreements for the completion and payment of the costs of any maintenance, operation, repair, replacement, or improvement of common facilities. In the event the owners are unable to agree upon any required maintenance, repair, replacement, or improvement, either party shall be entitled to undertake the minimal maintenance, repair, replacement or improvement necessary and essential for proper functioning of the common facilities. In the event one owner detennines to undertake such work, it shall notify the other owners in writing. The owner undertaking the work shall upon completion provide the other owners with a written statement of the work performed and the other owners' proportionate share of the costs. 4. Payment of Common Expenses. Each owner shall pay its proportionate share of common expenses within 30 days from the time a statement of expenses is presented for payment. In the event an owner fails to pay its share within 60 days of presentment, interest on the unpaid amount shall accrue at 10 percent per annum , beginning 60 days from presentment. In the event a party fails to pay any amounts due with interest thereon, within six months from the date of presentment for payment, the owner which has paid such costs and expenses shall be entitled to pursue any remedy available at law or in equity for a breach of this Agreement, and shall be entitled to reasonable attorneys' fees actually incurred to obtain and execute upon a judgment for collection. 5. Use of Water. Each owner shall be entitled to use water from the Well for any use authorized by the well permit. All such uses shall be made in accordance with the terms and conditions of the well permit. Each owner shall be entitled to use so much of the water from the Well as that party needs so long as diversions from the Well at no time exceed 15 gallons per minute. However, in the event that the well does not provide 15 g.p.m., each owner shall be entitled to a pro-rata share of the available water. 6. Waste. No owner shall waste water, and each owner shall exercise prudence and conservation in the use of water in order to allow for the efficient and beneficial use of the Well. 7. Fees. Each party shall also bear its own attorneys fees incurred in the implementation of this Agreement. However, in the event litigation is necessary to enforce the rights of the parties hereto, as between themselves, the prevailing party in such litigation shall be entitled to reasonable attorneys' fees and costs of suit actually incurred. 8. Binding Effect; Covenant to Run with Land. This Agreement shall inure to the benefit of and be binding upon the owners of Parcels A and B, their heirs, devisees, executors, administrators, assignees, transferees, and successors in interest. Upon execution by the parties, this Agreement shall be recorded in the records of the Garfield County C lerk and Recorder's Office, and DOE -Well Sharing Agmt-1 -2-66 shall run with the lands upon which water from the Well is used. 9. Complete Agreement. This document embodies the entire and complete agreement of the parties on the subject matter herein. No promise or undertaking has been made by any party, and no understanding exists with respect to the transaction contemplated, except as expressly set forth herein. All prior and contemporaneous negotiations and understandings between the parties are integrated and merged into this Agreement. 10. Amendment. This Agreement may be amended from time to time by a written instrument executed by all owners of interests in the Well. IN WITNESS WHEREOF the parties have executed this Agreement on the day and year first written above. KIM & ROBERT CLAY VELASQUEZ, ROBERT LEE & IDA MAE BEASLEY, & ROBERT ROSS VELASQUEZ By: KIM VELASQUEZ By: ROBERT CLAY VELASQUEZ By: ROBERT LEE BEASLEY By: IDA MAE BEASLEY By: ROBERT ROSS VELASQUEZ STATE OF COLORADO ) ) SS. COUNTY OF GARFIELD ) Acknowledged, subscribed, and sworn to before me by~~~--------------------------~ as ______________ this ___ day of ______ 201 _. WITNESS my hand and official seal. My Commission expires: DOE · Well Sharing Agnll · I Notary Public -3-67 VELASQUEZ MINOR SUBDIVISION IMPROVEMENTS AGREEMENT THIS IMPROVEMENTS AGREEMENT, ("Agreement") is made and entered into this __ day of , 201 _ by and between KIM & ROBERT CLAY VELASQUEZ, ROBERT LEE & IDA MAE BEASLEY, & ROBERT ROSS VELASQUEZ (Owners), having an address of 3064 County Road 113 in Garfield County, and the BOARD OF COUNTY COMMISSIONERS OF GARF1ELD COUNTY, COLORADO, acting for the County of Garfield, State of Colorado, as a body politic and corporate, directly or through its authorized representatives and a gents ("BOCC"). WHEREAS: . A. KIM & ROBERT CLAY VELASQUEZ, ROBERT LEE & IDA MAE BEASLEY, & ROBERT ROSS VELASQUEZ are the_Jwners of pro$erty and a development to be commonly known as the Ve!asquez M inor Subdivision (the "Development"); B. The Development is d e pJ_e t~..d pn a plat entitled Velasquez Minor Subdivision Plat ("Plat"); C. The plan for the Development:-6's depicted on the Plat, includes, two (2) single-family residential lo!.~fi[e ii tified as Lot ~ 1-2 on the Plat; D. KIM ,,8i ROBER/t.f!::\ Y V S.,L.:ASQUEZ, ROBERT LEE & IDA MAE BEASLEY, & ROBERT RQSS VEk ASQUEZ are the current owners of Lots 1-2 ("Owners"); E. The Owners have agreed to certain restrictions and conditions regarding the sale · of certain properties a rfil issuance of certain building permits to secure and guarantee Owners' perform~nce under this Agreement; ) F. The Owners seek approval by the BOCC of the Development plan and Plat pursuant to the Land Use Regulations of Garfield County; G. The Owners represent that at the time of recording this Agreement all taxes and assessments upon all parcels of real estate described in this Agreement are paid in full. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 56 1. DEVELOPMENT PLAN. The Development shall consist of two single- family residential lots, identified as Lots 1-2 on the Plat (collectively, "Lots"). 2. IMPROVEMENTS. The Owners agree to cause to be constructed and installed all development improvements contained in section 4 "Water Supply". No such Improvements shall be constructed until such time as they are identified on the plans marked "Approved for Construction", prepared by a qualified engineer. Lots 1 and 2 shall not be sold until the Improvements are constructed and installed to the satisfaction of the County. The Improvements shall be constructed and installed at the Owners' expense, including payment of fees required by the County and/o~ther governmental and quasi-governmental entities with jurisdiction. An estimate fo~r t}ie co;1 of construction of the Improvements prepared by High Country Engineering peen attached to and incorporated herein as Exhibit A ("Engineers Estimate of Pro Bable ' uolic Costs"). The Owners shall comply with all laws, regu~bns, orders, e solutions and requirements of the State of Colorado, Garfield Coun~, all SP.ecial districts~aii'B~ny other governmental or quasi-governmental authority with j urisdict ion and this Agreement in the construction and installation of the lmprove~ents. r ' The BOCC agrees that if all Improvements are inshilled in accordance with this Agreement and all other req~irements o f' ~eem:~t have l!ieen met; then the Owners shall be deemed to have satisfied all te ffi\' ana ·~c!U~f the Approval and the Plat Documents with respect to the installation of Im provements. ~-y 2 57 3. SECURITY FOR SUBDMSION IMPROVEMENTS. I. Subdivision Improvements Letter of Credit and Substitute Collateral. As security for Owner's obligation to complete the Subdivision Improvements, Owner shall deliver to the BOCC, on or before the date of recording of the Final Plat of the Subdivision, a Letter of Credit in the form agreed to be acceptable to the BOCC, attached to and incorporated in this SIA by reference as Exhibit C (LOC) or in a form consistent with the Uniform Commercial Code, C.R.S. § 4-1-101, et seq. and approved by the BO~C. The LOC shall be in the amount of$( full estimate ), repre senting the full estimated cost of completing the Subdivisi 6"n 'Improvements, with .. a sufficient contingency to cover cost changes, tihforeseen costs and other variables (not less than 10% of the estimated cost and as approved by the BOCC), [ minu~$( cost ~f completed improvements ), the cost of Sutiaivision lmprovemenl ~ already completed as of the date oJ Jexecution i&!Q!s SIA, i.e.-$( reduced amount)], as set forth and certified ,by Owner's Engineer on Exhibit _, to guarantee completion of the Subdivision Improvements. The LOC shall be ~li3 &for a minimum of six (6) months beyond th~~Gomplet ~n Date for1fll e"" Subdivision Improvements set fortli above ~ The BOCC, at its sole option, may permit the Owner to ~ubsti ~te collate~al other than a Letter of Credit, in a form acce~taIDe to the'BOCC, for the purpose of secajng the completioh of the Subdivision Improvements. Final Release of Security. Upon completion of all Subdivision Improvements, Owner shall submit to the BOCC, through the Cdmmunit{Development Department: 1) record drawings bearing the 'stbp of Owner's Engineer certifying that all Subdivision Im}rb vements have been constructed in accordance with the requirements of this SIA, including all Final Plat Documents and fu e Preliminary Plan Approval, in hard copy and digital format J acceptable to the BOCC; 2) copies of instruments conveying real property and other interests which Owner is obligated to convey to the Homeowner's Association of the Subdivision at the time of Final Plat Approval; and 3) a Written Request for Final Release of LOC, along with Owner's Engineer's stamp and certificate of final completion of improvements. a. The BOCC shall authorize a final release of the LOC after the Subdivision Improvements are certified as final to the BOCC by the Owner's Engineer and said final certification 3 58 b. c. d. 4. is approved by the BOCC. If the BOCC finds that the Subdivision Improvements are complete, in accordance with the relevant specifications, the BOCC shall authorize release of the final amount of security, within ten (IO) business days following submission of the Owner's Written Request for Final Release of LOC accompanied by the other documents required by this paragraph 3.h. Notwithstanding the foregoing, upon Owner's Written Request for Final Release of LOC, accompanied by Owner's Engineer's certificate of final~letion of improvements, the BOCC may inspecfYand review the Subdivision Impro~ements .certi ~e~·~omplete. If !he BOCC does so review and msQe«, th~rocess contained above, shall be followed. [f the BOCC finds that the~division Imp roY.ements are complete, in accordanc?with the relevant specifig tions, f_( "' the BOCC shall authoiize final elease of security within ten (I 0) days after ~omp e 'g n of ~ch investigation. If the BOCC finds that the ~.bdivision Improvements are not complete, in accordance Wi th ~elevant specificatimfs th~OCC may complete remaining Subdivision pro~ents or ils"titute court action in accordance with the?frc,ce s 1outlined above. 5. lJl1.JLI~ EASEMENTS. The Development shall contain rights-of-way for installation ana llll ru ntenance of utilities. Utility easements shall be dedicated by the Owner and accepte a by the appropriate homeowners' association of the Development, on behalf of the association's members, on the face of the Plat and shall be identified in deeds conveying private roads to the appropriate homeowners' association. The grantee homeowners' association of the Development shall be solely responsible for the maintenance, repair and upkeep of said utility easements, unless otherwise agreed to with the utility companies. The BOCC shall not be obligated for the maintenance, repair and upkeep of any utility easements within the Development. In the event a utility company, whether publicly or privately owned, requires separate conveyance by deed or otherwise, 4 59 the Owners shall also convey utility easements by separate document to be recorded with the Plat. 6. AS BUILT/RECORD DRAWINGS. Upon completion of the water supply infrastructure, the Owners shall provide as built/record drawings to Garfield County in hardcopy and digital format. 7. FEES IN LIEU OF DEDICATION OF SCHOOL LAND. Owners of Lot I shall make a cash deposit at the time of building pennit application in lieu of dedicating land to the RE-1 School District in accordance with the provisions of Section 7-405 D, Payment In Lieu of Dedication of Public Sites, set forth jn1h~ dkfield County Unified Land Use Resolution of2008, as amended. Said fee shall be-transferred by the BOCC to the school district in accordance with the provisions·of Section 30-28-133, .... C .R.S., as amended, and the Garfield County Unified Land Us~ Resolut~on of2008. The Owners of Lot I agree that it is obligated to pay the ab9ve=slated fee, accepts sµch obligations, and waives any claim that Owner is not required to pay the cash in lieu of land dedication fee. The Owner agrees that Ownet\~iill not cl~im, nor is Owner entitled to claim, subsequent to recording of the Final Plat of the Subdivision, a reimbursement of ~ the fee in lieu of land dedication to the RE-I School District. 8. INDEMNITY. The Owners shall indemnify and,hold the BOCC harmless and defend the BOCC from all claims whi ~h may(afise as a re ft11t of the Development's installation of the Improvements and any other agreement o1 obligation of the Owners related to the Development required pursuant tS'this Agleement. The Owners, however, do not indemnify the BOC~ forqJ~ims made ~serting that the standards imposed by the BOCC are improper or thrcause of the injury asserted, or from claims which may arise from the negligent apts or ·omiss ~b J~f the BOeC or its employees. The BOCC shall be required to notify the Owners of the.BPCC's'receipt of a notice of claim or a notice of intent to sue, and theJ30CC ·sh~ll afford the Owners the option of defending any such claim or action. -FaITure'io notify and provide such written option to the Owners shall extinguish'the BOCC~s ri~ts under this paragraph. Nothing in this paragraph shall be construed to constitute a waiver of the Sovereign Immunity granted to the BOCC by Colorado statl!tes and case !aw. A 9. SALE OF LOTS. No Lot may be separately conveyed prior to recording of the Final Plat in the ~ecords of the Garfield County Clerk and Recorder I' 10. ENFORCEMENT. In addition to any rights which may be provided by Colorado statute and the provisions for release of security, it is mutually agreed by the BOCC and the Owners without making an election of remedies, or any purchaser of any lot within the Development shall have the authority to bring an action in the Garfield County District Court to compel enforcement of this Agreement. Nothing in this Agreement, however, shall be interpreted to require the BOCC to bring an action for enforcement or to withhold permits or certificates. Nor shall this paragraph or any other 5 60 provision of this Agreement be interpreted to permit the purchaser of a lot to file an action against the BOCC. I I. VACATING THE PLAT. In the event the Owners fail to comply with the terms of this Agreement, the BOCC shall have the ability to vacate the Plat. 12. NOTICE BY RECORDATION. This Agreement shall be recorded in the Office of the Garfield County Clerk and Recorder and shall be a covenant running with title to all lots, tracts, and parcels within the Development. Such recording shall constitute notice to prospective purchasers or other interested parties 9 the terms and provisions thereof. " . 13. S!-lC.CESSORS ~ND ASSIGNS. The obligatjons a ~rights ~ontained herem shall be bmdmg upon and mure to the benefit of th · suc~essors antt1ass1gns of the Owners and the BOCC. 14. IDENTIFICATION OF CONT ~ADMINISTRATORS AND NOTICE PROVISIONS. All notices required or permitted'by fuis Agreement shall be in writing and shall be deemed effective when received Y.d he ~ecipient party via personal or messenger service delivery, facsimile ~ansmission or United States certified mail (postage prepaid, return receipt requested~ii ~all cases addre~~ the person for whom it is intended at the address or facsimile numBer..se ;forth below: OWNERS: Board of County Commissioners "It" of Gaffield County, Colorado 108 'Eighth Street, Room 401 Glenwood Springs, CO 81601 Phone: (970) 945-8212 Fax: (970) 384-3470 15. AMENDMENT. This Agreement may be modified from time to time, but only in writing signed by the parties hereto, as their interests then appear. The parties, however, may change the identification of notice recipients and contract administrators and the contact information, provided in Paragraph I 4 above, in accordance with the notice provisions and without formal amendment of this Agreement. 6 61 16. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which, when taken together, shall be deemed one and the same instrument. 17. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of or related to this Agreement shall lie with the District Court of Garfield County, Colorado, and this Agreement shall be construed according to the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have signed this Agreement to be effective upon the date of recordation of this agreement and tpe Fi n al Plat for the Development. ATTEST: Clerk to the Board BOARD OF COUNTY ~OMMISSIONERS GARFIELD COUNTY, COLORADO By: 7 62 SIGNATURE AND ACKNOWLEDGEMENT PAGE To IMPROVEMENTS AGREEMENT KIM & ROBERT CLAY VELASQUEZ, ROBERT LEE & IDA MAE BEASLEY, & ROBERT ROSS VELASQUEZ By: By: By: By: By: -----' 201 _. Wl'f"NESS my hano/and official seal. My commi~sio ri.fx'pires: Notary Public 8 63 EXHIBIT A CIVIL ENGINEERJNG LAND SURVEYlNG ENGINEERS ESTIMATE OF PROBABLE PUBLIC COSTS Date: 11-10-16 RE: Velasquez Water System Estimated improvements include: Well pump and well pipe -$3000 Purecore piping from well house and tank 140' $30/ft. -$4200 Electrical work from house to well pump -$500 Pressure tank and switch in house -$1500 Total Estimated Cost of improvements: $9,200 Prepared by Roger Neal, PE 1517 Bl.AKE AVENUE. SurTC 1 0 I GLENWOOD SP'ltlNGS, CO 81801 870G4$887tl•P'HOHE 970-962555 •,.AX WWW.HCIENO.C0"4 64 Division 1. General Approval Standards 7 -101. Zone District Use Regulations The property is zoned Rural (R) and meets all of the zone district dimensions as in Table 3-201 for Lot and Building Requirements: The lot sizes will be approximately 5.5 acres each , where the minimum is 2 acres . The structures constructed within the 2 lots will comply with the maximum lot coverage of 15%. Setbacks on the proposed lots will be as follows: Front: 25' from local street; Side: 10 feet, and Rear: 25 feet. The structures contructed within the 2 lots will comply with height restriction of 25 feet. 7 -102. Comprehensive Plan and Intergovernmental Agreements The future land use designation in the Garfield County 2030 Comprehensive Plan of this property is designated Residential Low, RL (10 Acres/DU). The applicant is proposing that the property be subdivided into a two lot Minor Subdivision creating a density of 5.48 Acres/DU. The applicant recognizes that while this density is slightly higher than the 10 Acres/DU recommended in the Comprehensive Plan, this density does conform to the neighborhood. There are public lands to the north and south, and single family lots contiguous to this property on both the west and east sides containing parcels ranging in size from 5.8 acres to 11.45 acres. In general the 5.48 Acres/DU for the Velasquez Minor Subdivision preserves the rural character of the neighborhood, conforms to the neighboring properties and provides a transition from the to the pubic lands on the north and south. Plan Element Goals from the Garfield County Comprehensive Plan: Housing: This application intends to provide a choice of smaller more affordable rural parcels that may be more obtainable than 35 acre parcels. Transportation: The proposed lot locations are along county road 113 and will not require any additional intersections or access points as they will use a shared driveway access. Recreation, Open Space, and Trails: This property does not contain public access to trails. Agriculture: This application will preserve the rural character of the area by allowing 2 moderatly sized parcels to continue with exisiting agricultural uses as well as preserve the scenic quality in the Cattle Creek area. Water and Sewer Services: The applicant has ensured the provision of legal, adequate, dependable and cost-effective water services for the proposed lot with use of an existing well and Augmentation Tank storage water right. Onstie Wastewater Treatment will be designed by a quailified engineer to be as environmentally sensitive as possible. Natural Resources: The applicant has voluntarily placed a development envelope on the new propsed lot in an effort to limit disturbance of natural areas including drainage patterns and wildlife habitat. No development shall occur outside of this envelope . Mineral Extraction : No mineral extraction project is proposed with this Subdivision Application. 7-103. Compatibility The proposed Minor Subdivision will not change the character or scale of the adjacent land uses which are rural in nature and range in size from from 5.8 acres to 11 .45 acres in size . The proposed lot sizes will be approximately 5.48 acres each . 26 I l [ [ i [ I l 7-104. Source of Water See section 4-203.M 7-105. Central Water Distribution and Wastewater Systems See section 4-203.N 7-106. Public Utilities The existing residence is serviced by public utilities which will be extended to the proposed additional lot. A letter dated June 20, 2016 from Holy Cross Energy states the existing facilities have adequate capacity to provide electric power to the development. 7-107. Access and Roadways Access to the proposed new lot will be from County Road 113 which is used by the existing residence and is located within a 30' access easement along the north portion of the property. 7-108. Use of Land Subject to Natural Hazards No extreme topography exists on the proposed buidling area of the parcel and no wetlands Ourisdictional or otherwise) exist within the building area of New Lot 1. Cattle Creek crosses the through the middle the parcel beyond the developable area. No identified Geologic Hazards exist on the property 7-109. Fire Protection The applicant agrees to maintain vegetation control on the property to minimize any potential impacts from wildfire following State Forest Service guidelines for defensible space. Also, the property has been reviewed by Bill Gavett, the Deputy Chief of the Carbondale Fire District. He has supported the use of the existing water storage tank on site as a water source and has included specifications for Piping and Connections to the tank. Refer to the Fire Proction Specifications included as an exhibit to this application. Division 2. General Resource Protection Standards. 7-201. Agricultural Lands The proposed Minor Subdivision will have no adverse affect to surrounding Agricultural Operations. 7-202. Wildlife Habitat Areas The proposed additional lot will be located near the existing residence and will share the same access road, thus limiting any impact on native vegetation utilized by wildlife near Cattle Creek and allowing any existing migration corridors to remain intact. 7-203. Protection of Waterbodies The applicant aggrees to maintain a 35 foot setback from Cattle Creek. 7-204. Drainage and Erosion The owners of the proposed additional lot will provide improvements at the time of submittal for a building permit to include grading and drainage as required. All driveway improvements will meet county grading and drainage requirements. 27 7 ·205. Environmental Quality The proposed project would have no substantial temporary or long-term adverse effect on noise, air pollution, odors, or waste-generation. The proposed development is too small to generate significant volumes of these materials. Construction related noise effects are generally considered to be temporary. 28 7 -206. Wildfire Hazards The proposed building envelope is located in an area designated as low wildfire Hazard as shown on the Wildfire Hazard Map for Garfield Co. Colorado. The building site is not on slopes greater than 30%. The applicant agrees to maintain vegetation control on the property to minimize any potential impacts from wildfire following State Forest Service guidelines for defensible space . . . .. -·-..... -·-·-~. ·--.. ---------~-... _ .. _ ..... ...._ __ 1 .., .. I 29 7-207. Natural and Geologic Hazards No natural or manmade geologic hazards exist in the location of the proposed Minor Subdivision, which is directly adjacent to the existing residence. 7-208. Reclamation The applicant proposes no disturbance with this Minor Subdivision application. Future owners of the proposed lots will be responsible for any reclamation following construction on their lots . Division 3. Site Planning and Development Standards 7-301. Compatible Design The proposed Minor Subdivision is compatible with the existing character of adjacent land uses. The site is located in an area that is rural in nature and lots range in size from from 5.8 acres to 11 .45 acres . The proposed lot sizes will be approximately 5.48 acres each . The adjacent parcels to the north and south are owned by BLM . 7-302. Off-Street Parking and Loading Standards The proposed Minor Subdivision will provide ample room for a minimum of 2 off-street parking spaces as required by the Garfield County Land Use Code. 7 -303. Landscaping Standards The applicant proposes no disturbance with this Minor Subdivision application . Future owners of the proposed lot will be responsible for any landscaping as part of construction on their lot. 7 -304. Lighting Standards The applicant agrees to the exterior lighting standards as required by the Garfield County Land use Code. 7 -305. Snow Storage Standards The applicant has areas sufficient to store snow without impacting off-street parking or public roadways . 7 -306. Trail and Walkway Standards No recreational or community facilities are applicable with this application. Division 4. Subdivision Standards and Design Specifications 7 -401. General Subdivision Standards A Well Sharing Agreement is included as an Exhibit in this document, no other common facilities are proposed in this Minor Subdivision . The applicant agrees to Domestic Animal Control, Fireplace regulations and Development in the Floodplain as specified in the Garfield County Land Use Code. 7-402. Subdivision Lots All proposed lots meet the the applicapble zone district requirements for lot area, width, frontage, depth, shape, location and orientation as stated in the Garfield County Land Use Code. 7-403. Survey Monuments The applicant agrees to have permanent Survey Monuments set within the Subdivision prior to selling or advertising the sale of any lots. 7-404. School Land Dedication Payment-in-Lieu of Dedication of School Land Formula for Payment: Unimproved Per Acre Market Value of Land x Land Dedication Standard x Number of Units = Payment 25,727 x .02 x 1 = $515.00 30 Total School Land Dedication Fee= $515 .00 An Opinion of Value letter is included as an Exhibit to this document. 7 ·405. Traffic Impact Fees The Institute of Transportation Engineers ' Summary of Trip Generation Rates for a Single Family Detached House is average daily traffic (ADT) of approximately 9.57 trips. With the addition of one Single Family Dwelling Unit. the total additional ADT's for this section of Cattle Creek Road will be 9.5, or roughly one vehicle trip every 2 hours and 53 minutes during the day. Access to the proposed new lot will be from County Road 113 which is used by the existing residence and is located within a 30' access easement along the northen portion of the property. 31 Site Plan/Landscape Plan 4-203.D A Landscape Plan for revegetation of any utility construction and disturbance is included in the Appendix of this application. No other construction or distrubance is proposed at the time of this application. Grading and Drainage Plan 4-203.E The applicant agrees to provide a grading and drainage plan for the proposed new lot at the time of submittal for building permit. No disturbance is planned for the property at the time of this submittal. 21 Impact Analysis 4-203 .F 1. Adjacent Land Use . Existing use of adjacent property and neighboring properties within 1, 500-foot radius . The site is located in an area of rural residential parcels ranging in size from 5.8 acres to 11.45 acres in size. The proposed subdivision would result in 2 parcels of approximately 5.45 acres in size. The adjacent parcels to the north and south are owned by BLM. See attached map for Adjacent Land Owners. 2. Site Features. A description of site features such as streams, areas subject to flooding, lakes, high ground water areas, topography, vegetative cover, climatology, and other features that may aid in the evaluation of the proposed development. The site, which currently contains an existing single family residence, contains some native vegetation and some planted landscape material. Steep slopes exist on the parcel outside of the building envelopes, no extreme topography exists within the proposed or existing building envelope and no wetlands Ourisdictional or otherwise) exist within the proposed building envelope and the developed area. Cattle Creek crosses the middle of the parcel but is not in close proximity to the developed areas. 3. Soil Characteristics. A description of soil characteristics of the site that have a significant influence on the proposed use of the land. A Percolation test and soils data form from a site test performed on 9/6/2008 states the soils in the area range from 1'·2' of sandy root zone up to 1'·8' of sand, Clayey, Dense, Moist, Brown/Grey Scattered Rocks up to 8 inches in diameter. An indidvidual site specific soils test will be completed at the time of building permit application for any new structure. 4. Geology and Hazard. A description of geologic characteristics of the area including any potential natural or manmade hazards, and a determination of what effect such factors would have on the proposed use of the land. No natural or manmade geologic hazards exist in the location of the proposed subdivision, which is directly adjacent to the existing residence . 5. Groundwater and Aquifer Recharge Area. Evaluation of the relationship of the subject parcel to Floodplains , the nature of soils and subsoils and their ability to adequately support waste disposal, the Slope of the land, the effect of sewage effluents, and the pollution of surface Runoff, stream flow, and groundwater. 22 An OWTS for the existing single-family residence consists of one 1500-gallon concrete septic tank with a pump in the second compartment, the additional lot will accommodate a single-family residence with a reccomendation for a minimum 1500-gallon, two-compartment septic tank with a pumping system in the second compartment of the septic tank. The soil treatment area may consist of an approximate footprint of 21' x 56', with a design configuration of pressure dosed gravelless chamber trenches. 6. Environmental impacts. Determination of the existing environmental conditions on the parcel to be developed and the effects of development on those conditions. The proposed additional lot will be located directly adjacent to the existing residence and driveway. No new road cut for access will be required to accommodate the new lot. By clustering the development envelopes on the upper portions of each parcel there will be no direct impact on environmental resources including native vegetation and wildlife habitat which occur along Cattle Creek. No part of this development will cause significant changes in the environment either temporarily or long term. 7. Nuisance. Impacts on adjacent land from generation of vapor, dust, smoke, noise, glare or vibration or other emanations. The proposed project would have no substantial temporary or long-term adverse effect on noise, odors, or waste-generation. The proposed development is too small to generate significant volumes of these materials. Construction related noise effects are generally considered to be temporary. 8. Hours of Operation. The Applicant shall submit information on the hours of operation of the proposed use. The project has no plans for construction or operation of any equipment at this time. 23 Improvements Agreement 4-203.K An Improvements Agreement has been included as an Exhibit to this document. Water Supply and Distribution Plan 4-203.M Per the letter attached as an exhibit dated September 2, 2016 from Scott Grosscup, the property is currenUy serviced by a well, permit number 155578 . The applicants are currently in the process of applying to the Colorado Division of Water Resources to increase the use to 2 single family dwellings and will become a shared well. The water court adjudicated water rights and plan for augmentation in Case No. 08CW40 to provide a legal supply of water to serve two homes and irrigation of up to 21,000 square feet of lawn. A letter addressing Legal Water Supply from Scott Grosscup of Balcomb & Green has been included as an Exhibit in this application. A layout of the water distribution has been included as an exhibit to this application. A well test was conducted on 7/6/16, the report is included as an exhibit to this document. The pump test data indicates that the subject well could supply water for two residences for house hold use and watering of animals. A water quality test was completed on July 6, 2016, the technical analysis report of the water quality is included as an exhibit to this document. A Copy of the existing well permit and a Change in Owner Name/Address is included as an Exhibit in this application. Wastewater Management and System Plan 4-203.N An Onsite Wastewater Treatment System was installed on the Velasquez property in 2008, permit #4479 . A copy of that permit is included as an exhibit to this document. In June of 2016 an inspection of that system was performed by Carla Ostberg, the inspection report is included as an exhibit to this document. All Service Septic has recommended a proposed OWTS that would serve the future development as well as an alternate location option to accomdate design and house location. This report has been included as an exhibit to this document. Minor Subdivision Review 5-301.C 1. It complies with the requirements of the applicable zone district and this Code. The property is zoned Rural (R) and meets all of the zone district dimensions as in Table 3-201 for Lot and Building Requirements. 2. It is in general conformance with the Comprehensive Plan. See Comprehansive Plan and Intergovernmental Agreemements, 7·102 in this document. 24 3. Shows satisfactory evidence of a legal, physical, adequate, and dependable water supply for each lot. See Water Supply and Distribution, section 4-203.M in this document. 4. Satisfactory evidence of adequate and legal access has been provided. The property is directly adjacent to, and accessed from County Road 113. See Final Plat. 5. Any necessary easements including, but not limited to, drainage, irrigation utility, road, and water service have been obtained. See Final Plat for all easements. 6. The proposed Subdivision has the ability to provide an adequate sewage disposal system. See Wasterwater management and System Plan, section 4-203.N in this document. 7. Hazards identified on the property such as, but not limited to, fire, flood, steep slopes, rockfall and poor soils, shall be mitigated, to the extent practicable. See Impact Analysis 4·203.F in this document. 8. Information on the estimated probable construction costs and proposed method of financing for roads, water distribution systems, collection systems, storm drainage facilities and other such utilities have been provided. See Improvements Agreement and Estimate of Probable Public Costs attached to this document. 9. All taxes applicable to the land have been paid, as certified by the County Treasurer's Office. The applicant agrees to have all taxes applicable to the land paid at the time of signing the Final Plat. 10. All fees, including road impact and school land dedication fees , shall be paid. The applicant agrees to have all fees paid at the time of signing the Final Plat. 11 . The Final Plat meets the requirements per section 5-402.F., Final Plat. The included Final Plat does meet the requirements per section 5-402.F. Final Plat 5·402.F Included as an Exhibit to this application. Codes, Covenants and Restrictions A Well Sharing Agreement has been included as an Exhibit to this document. 25 Comparable Market Analysis Wednesday, November 16, 2016 For Beasley/Velasquez 3064 County Road 113 Carbondale, CO 81623 By Comments Erin Bassett Coldwell Banker Mason Morse 1614 Grand Ave Glenwood Springs, CO 81601 970-309-3319 ebassett@mason morse com http.l/www maso r1r11o rse .com OPINION OF VALUE FOR VELASQUEZ/BEASLEY PROPERTY 3064 COUNTY ROAD 113 CARBONDALE CO 81623 In request from the property owner for an opinion of value for the subject property. The subject property is currently 10.95 acres and the owners are seeking to split the land into two parcels of somewhat equal size. This analysis is for the land that would be sold which does not have any residences In preparing this report I searched the MLS for properties that are similar, that have sold in the last six months or are currently being marketed for sale. I found 16 active properties between 4 to 6 acres located in the rural areas of Carbondale, Glenwood Springs and Missouri Heights. My sold search with the same parameters resulted in 10 listings. From those results I chose the best comparable properties with an emphasis on location and landscape. This report was completed using the MLS Market Analysis Program that is used by REALTORS to give buyers and sellers an opinion of value for a particular property. Please see the last page for the Market Analysis Opinion of Value for the subject property. All my best, Erin Bassett, GRI, SFR, ABR Coldwell Banker Mason Morse Real Estate 1614 Grand Ave Glenwood Springs, CO 81601 Thls report ls not an appralsal and Is not Intended to meet the requirements set out In the Uniform Standards of Appraisal Practice. If an appraisal Is desired, the services of a licensed appraiser should be obtained. 51 CMA: Subject and Comparable Properties Prepared for Beasley /Velasquez Subjed 137614 128089 134236 • 4 ~. --.:.~":JI-..... •• -.i::-...:. .. --. -··-.... ~ .. ~·· t •. \"1-· ...... .,. -., -::.. .. , ........ ,, .. . 3064 County Road 113 0261 Wood Nymph Plac:e 1131 Calllc:otte Ranc:h lot 26 647 Wood Nymph Lane Carbondale CO 81623 Glenwood Springs CO Carbondale CO Glenwood Springs CO Distance From Subject 2.50 2 .24 2.72 List Price $155,000 $148,500 $139,000 Original List Price $195,000 $215,000 $139,000 Sold Price Status Active Active Active Status Date 07/05/2016 12/18/2012 05/15/2014 Days on Market 316 1440 916 Adjustment I-I-I- Nbr of Acres 5 5 .7 4 .34 4 .69 Water yes Community Community; Tap Fee Paid Lot Description : Horse yes Property Water Rights: Irrigation yes Sold Price Per/Acre 0 0 0 Adjusted Price $141,500 $155,000 $148,500 $139,000 52 CHA: Subject and Comparable Properties Distance From Subject List Price Original List Price Sold Price Status Status Date Days on Market Adjustment Nbr of Acres Water Lot Description: Horse Property Water Rights: Irrigation Sold Price Per/Acre Adjusted Price Subject 3064 County Road 113 Carbondale CO 81623 5 yes yes yes $141,500 Prepared for Beasley /Velasquez 113405 142980 ... -·~ -~ ·- .... !"" ..... . ..:.... .. ~ :: .. "> .:.~ 1-·. :. -.J-.. ·: <' Tbd Panorama Drive Lot A 5000 County Road 113 Carbondale CO Carbondale CO 4.48 1.84 $199,000 $139,000 $576,000 $139,000 $155,000 $129,500 Sold Sold 10/04/2016 07/29/2016 2552 121 /-/- 8.12 5.51 Well Installed Well Installed Yes Yes Yes 19,088.67 23,502.72 $155,000 $129,500 128092 " ..... ; ~ ~ ~'J -'"'•·"· -l••t ' 1181 Calllcotte Ranch Lot 28 Carbondale CO 2.52 $157,500 $235,000 $140,000 Sold 08/01/2016 1329 I- 5.08 Community 27,559.06 $140,000 53 CMA: Statistical Summary Price Analysis 142980 5000 County Road 113, Carbondale CO $139,000 121 113405 Tbd Panorama Drive Lot A, Carbondale CO $199,000 2552 128092 1181 Calllcotte Ranch Lot 28, Carbondale $157,500 1329 co 134236 647 Wood Nymph Lane, Glenwood Springs CO $139,000 128089 1131 Callicotte Ranch Lot 26, Carbondale CO $215,000 137614 0261 Wood Nymph Place, Gl enwood Springs CO $195,000 07/06/ $129,500 2016 09/30/ $155,000 2016 07/28/ $140,000 2016 916 $139,000 - 1440 $148,500 - 316 $155,000 - . . - Low, Average, Median, and High Comparisons Closed 3 495,500 Act ive 3 442,500 ---~~l"!'ll"'"""'!'!'l!!!lr.""'!! $139,000 . $147,500 $148,500 $155,000 Prepared for Beasley/Velasquez $129,500 $144,500 $144,250 $155,000 $129,500 $155,000 $140,000 $139,000 $148,500 $155,000 54 CMA: Listing Price Recommendation Prepared for Beasley /Velasquez Low High Recommended Listing Price Recommendation $137,963 $145,038 $141,500 55 June 20, 2016 RE : 3064 County Road 11 3 Dear Julie . 3799 H CHWAV 82·P 0 DRAWER 2150 GLENWOOD SPRINGS, COLORADO 81602 {970) 945 -5491 ·FAX {970) 945 ·•081 The above mentioned development Is within the certificated service area of Holy Cross Energy. Holy Cross Energy has existing power facilities located on or near the above mentioned project. These existing facilities have adequate capacity to provide electric power to the development, subject to the tariffs, rules and regulations on file . Any power line enlargements, relocations, and new extensions necessary to deliver adequate power to and within the development will be undertaken by Holy Cross Energy upon completion of appropriate contractual agreements and subject to necessary governmental approvals . Please advise when you wish to proceed with the development of the electric system for this project. Sincerely HOLY CROSS ENERGY Russ Winder Manager of Construction Engineering rwlnde r@holycross ,com (970) 947-5443 A TouchSlone Energy• Cooperative~ f 50