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HomeMy WebLinkAbout2.0 BOCC Staff Report 03.25.2002REQUEST: BOCC 3/25/02 PROJECT INFORMATION AND STAFF COMMENTS A request for review of the Rippy Exemption from the rules of subdivision to split approx. 99 acres into three (3) parcels APPLICANT: Harley Rippy SURVEYOR: SurvCo, Inc. LOCATION: Parcel lies west of Canyon Creek, along County Road 240. Section 3, Township 5 South, Range 90 West. WATER: Individual wells SEWER: Individual sewage disposal systems (ISDS) ACCESS: CR 240 EXISTING ZONING: A/R/RD ADJACENT ZONING: A/R/RD Agricultural, Residential, Rural Density I. RELATIONSHIP TO THE COMPREHENSIVE PLAN According to the Garfield County Comprehensive Plan of 2000 this site lies in the Town of New Castle's 2 mile sphere of influence. The recommended density is no more than one dwelling unit per 2 acres. II. DESCRIPTION OF THE PROPOSAL: A. Development Proposal: The applicant proposes to divide approximately 99 acres into three parcels of approximately 8, 10, and 81 acres each. Adjacent Land Uses: Agricultural and residential land uses surround the site. C. Applicability: Section 8:10 allows the Board of County Commissioners the discretionary power to exempt a division of land from the definition of subdivision and, thereby, from the procedure in Sections 3:00, 4:00 and 5:00, provided the Board determines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. Page 1 of 7 HI. REVIEW AGENCY AND OTHER COMMENTS: The application was referred to the following agencies for comment: A. Garfield County Road & Bridge: See referral sheet, page . Requests that all fences be set back from the County right of way. The access must allow for adequate sight distance, a landing area of at least 50' long with no more than 2% slope, and a 40' wide entrance. B. Burning Mountain Fire Protection District: See letter dated 2/20/01, in the application materials. IV. MAJOR ISSUES AND CONCERNS: A. Subdivision Regulations. Section 8.52 of the Garfield County Subdivision Regulations states that "No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973, and is not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad) or natural feature, preventing joint use of the proposed tracts, and the division occurs along the public right-of-way or natural feature, such parcels thereby created may, in the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable; For the purposes of definition, all tracts of land thirty-five (35) acres or greater in size, created after January 1, 1973, will count as parcels of land created by exemption since January 1, 1973." The parent parcel was about 1,39X acres in size in 1967 (see Book 390, Page 567) from which one exemption split occurred in 1998 (Book 1081, Page 370). The result of the split was one parcel 40 acres in size and the subject parcel which is 99 acres in size. The property appears to qualify for the three lot split. If this request is approved, the property would not qualify for any more splits via exemption under the current regulations. B. Comprehensive Plan: The proposed densities appear to be consistent with the comprehensive plan. C. Zoning: It appears possible to meet the A/R/RD zoning requirements on the proposed lots. A single family dwelling is a use by right in the A/R/RD zone district. Accessory uses are allowed if they are agriculturally related uses. The applicant should be aware of the following zone standards: Minimum Lot Area: Two (2) acres. Maximum Lot Coverage: Fifteen percent (15%). Page 2 of 7 Minimum Setback: (1) Front yard: (a) arterial streets: seventy-five (75) feet from street centerline orffty (50) feet from front lot line, whichever is greater; (b) local streets: fifty (50) feet from street centerline or twenty-five (25) feet from front lot line, whichever is greater; (2) Rear yard: Twenty-five (25) feet from rear lot line; (3) Side yard: Ten (10) feet from side lot line, or one-half (1/2) the height of the principal building, whichever is greater. Maximum Height of Buildings: Twenty-five (25) feet. Additional Requirements: All uses shall be subject to the provisions under Section 5 (Supplementary Regulations). D. Soils/Topography: The soils information indicates that two (2) major soil types exist on the property: (15) Chilton channery loam, 12-25% slope, and (21) Cushman-Lazear stony loams, 15-65% slopes. The main limitations presented by the soil types are steep slopes, large stones, and depth to bedrock. E. Road/Access: The application proposes access directly from the adjacent County Road (#240). The Road and Bridge Department hasrequested that all fences be set back from the County right of way. The access must allow for adequate sight distance, a landing area of at least 50' long with no more than 2% slope, and a 40' wide entrance. F. Water: Section 8:52 D of the Subdivision Regulations states the following: The Board shall not grant an exemption unless the division proposed for exemption has satisfied the following criteria: Provision has been made for an adequate source ofwater in terms of both the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot; The source of domestic water supply will be a shared well. The application contains a copy of an approved well permit for the property (#234323). The well permit allows for the use of groundwater for fire protection, ordinary household purposes for up to three (3) single family homes, the irrigation of up to one acre, and the watering of domestic animals. The application states that the existing well on the adjacent property has good production and no difficulty in developing a physical supply of water is anticipated. The application contains a copy of well completion report for the adjacent well (permit # 223232). The report shows that the well was drilled to a depth of 101 feet and pumped at 8 g.p.m.. Page 3 of 7 Based on the above information, the legal water rights appear adequate. It also appears possible to develop and adequate physical supply of water for the proposed lots. The applicant should be aware that it will be necessary to drill and test the well and meet the criteria of section 8:42 (D) (1-7) prior to finalization of the exemption process (as follows): Prior to the signing of a plat, all physical water supplies shall demonstrate the following: 1. That a four (4) hour pump test be performed on the well to be used; 2. A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3. The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; 4. A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; 5. An assumption of an average of no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6. If the well is to be shared, a legal, well sharing declaration which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs; 7. The water quality be tested by an independent testing laboratory and meet State guidelines concerning bacteria and nitrates. For water supplies based on the use of cistern, the tank shall be a minimum of 1000 gallons. G. Fire Protection: The Burning Mountain Fire Protection District provided a letter of comment dated 8/20/01. The letter states that the subject property does indeed lie within the BMFPD and no special problems for fire protection are noted. While the well permit does allow for the use of the well water for fire protection, no specific plan for fire protection has been provided. On other exemptions it has been typical to require a storage tank at least 2,500 gallons in size be provided for residences 3,500 square feet or less, with sprinkler systems optional; Residences larger than 3,500 sq. ft. should provide both adequate storage and a sprinkler system; Access/egress and defensible space should meet the CSFS NFPA 299 standard; Sprinkler systems should adhere to NFPA 13D and shall be approved by the Fire District and supplied from cistern. H. Wastewater: Individual sewage disposal systems (ISDS) are proposed for each lot. The Colorado Department of Health setback standards apply. If an HOA is formed, the covenants should contain a detailed ISDS maintenance plan. J. Assessment / Fees: The applicant will be required to either dedicate a portion of the gross land area for open space, parks, or schools, or pay fees in lieu thereof. The current fee is Page 4 of 7 $200 per each newly created parcel (Section 9:80 of the Subdivision Regulations). The property owner should be aware that the current agricultural valuation status of the property will change following subdivision. K. Shallow Utilities: New utilities shall be buried. L. Ditches: Easements shall be provided for all existing and proposed ditches. V. STAFF RECOMMENDED FINDINGS 1. That proper posting, publication, and public notice mailings were provided as required for the meeting before the Board of County Commissioners. 2. That the meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the proposed exemption has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application has met the requirements of the Garfield County Subdivision Resolution of 1984 a.a. Section 8:00, Exemption. VI. RECOMMENDATION: Staff recommends APPROVAL of the with the following conditions: 1. That all representations of the applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval; 2. A Final Exemption Plat shall be submitted, indicating the legal description of the property, dimension and area of the proposed lots, 25 ft. wide access to a public right-of- way, and any proposed easements for setbacks, drainage, irrigation, access or utilities; 3. That the applicant shall have 120 days (until 7/25/02) to present a plat to the Commissioners for signature from the date of conditional approval of the exemption, unless an extension of time is requested by the applicant and approved by the Board; 4. That the applicant shall submit the applicable School Site Acquisition Fees ($400.00) for the creation of the exemption parcels prior to approval of the exemption plat; Page 5 of 7 5. That the 1978 Garfield County Zoning Resolution and the Colorado Department of Health standards shall be complied with. in size shall be provided for residences 3,500 square feet or less, with sprinkler systems optional; Residences larger than 3,500 sq. ft.shall provide both adequate storage and a sprinkler system; Access/egress and defensible space shall meet the CSFS NFPA 299 standard; Sprinkler systems shall adhere to NFPA 13D and shall be approved by the Fire District and supplied from cistern. ly one access from the County Road shall be provided, and an access permit shall be obtained from the Road and Bridge Department for the access; All Road and Bridge recommendations in their comment letter (dated 2/8/02) shall be:followed; The accesses shall be maintained adequately to accommodate the weights and turning radius' of emergency apparatus to permit access during adverse weather conditions; Any portion of the County Road or 60' wide right of way that currently occupies the subject property shall be deeded to the County; Improvements to the County Road shall trigger the property owner's moving or removal of the fences in order to be consistent with the right- of-way boundaries. 8. Prior to the signing of a plat, all physical water supplies shall demonstrate the following criteria: Prior to the signing of a plat, all physical water supplies shall demonstrate the following: 1. That a four (4) hour pump test be performed on the well to be used; 2. A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3. The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; 4. A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; 5. An assumption of an average of no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6. If the well is to be shared, a legal, well sharing declaration which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs; 7. The water quality be tested by an independent testing laboratory and meet State guidelines concerning bacteria and nitrates. For water supplies based on the use of cistern, the tank shall be a minimum of 1000 gallons. That the following plat notes shall appear on the Final Exemption Plat: Page 6 of 7 "One (1) dog will be allowed for each residential unit and the dog shall be required to be confined within the owners property boundaries." "No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid -fuel burning stove as defied by C.R.S. 25-7-401, et. sew., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances". "All exterior lighting will be the minimum amount necessary and all exterior lighting will be directed inward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries". "No further divisions of any portion of the parent parcel (the 139.64 acres described in Book 703, Page 594) by Exemption from the rules of Subdivision is possible under the current regulations." "Any new buildings shall avoid areas of natural drainage. Natural drainages shall be preserved to the maximum extent possible." square ft. shall defensibl adhere t cistern." tank at least 2,500 gallons in size shall be provided for residences 3,500 or less, with sprinkler systems optional; Residences larger than 3,500 sq. ovide both adequate storage and a sprinkler system; Access/egress and ace shall meet the CSFS NFPA 299 standard; Sprinkler systems shall A 13D and shall be approved by the Fire District and supplied from "Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. All must be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non -negligent agricultural operations." "All owners of land, whether ranch or residence, have obligations under State law and County regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County." Page 7 of 7 GARFIELD COUNTY Building & Planning Department Review Agency Form RECEIVED MAR 0 52002 Date Sent: 1/30/02 Comments Due: 3/4/02 Name of application: Rippy Exemption Application Sent to. Road & Bridge Dept. Garfield County requests your comment in review of this project. Please notify the staff contact in the event you are unable to respond by the date listed above. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed or faxed to: Garfield County Building & Planning Staff contact: Kit Lyon 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 E-mail: "kitlyon@usa.net" General c9mments: Se a.// 5 /wG C /Yi �Q iL This review agency recommends (circle one): • pprova / Denial The following are suggested conditions of approval, or are the reasons for denial: e/ a 1 r _S'� X/ �� ;rJ 2 ,t c e .�to�r� � e % c7 ya nO/ue-f' in ({ / jtil O c /j,5-0 9- ,C C9 /i ,i , , tee /" Q. /�r< st c;2 ,/%"1 i '/L 6,9) ge, 7 G�/. e �E e,i c� c e !/ K � � eee*- p i' 4-) /22 Name of r view agency; By: ' roc , �✓,� �c r Date: J/e c) Peviger! 1/1WOO April 26, 2002 Steve Rippy Box 894 New Castle, CO 81647 ATTN: Steve WOOD OPP C RECEIV'ED MAY , 7 2002 On April 23, 2002 a well test was conducted on a well on the Rippy property. The following information was obtained; Well Depth 280' Casing Size 7" Standing water level 2' 11" Total test time 4 hr. Drawdown to 146' 2-1/4" Production is equal to 10 GPM This test was conducted with a 1 HP Sta-Rite 10SP4E02 pump. This well will produce 14,400 gallons per day; this well can provide enough water for three residences. The well recovered back to 11' 6" in 2 hr. If you have any questions please call me, Raun Samuelson at 970-945-6309 Sincerely; Raun E Samuelson Samuelson Pump Co. P.O. Box 297 • Glenwood Springs, CO 81602 • (970) 945-6309 • Fax (970) 947-9448 Water Systems Sales, Service & installation JOHN C. KEPHART & CO. i J LA RATU=: 435 NORTH AVENUE ♦ PHONE: (970) 242-7618 i FAX: (970) 243-7235 ♦ GRAND JUNCTION, COLORADO 81501 Received from: — ANALYTICAL REPORT — Steve Rippy PO Box 894 New Castle, CO 81647 905 water Customer No. Laboratory No. Sample 4/7;0/02 5/3/02 Date Received Date Reported Lab number: Sample ID: Total L;o,1 i f or -m, Bacteria Nitrate(NO3) Water sample Limit. for Public Drinking Supplies, Colo. DE..pt. Health 0 co1 / 1C) m1 must be zero 0.0 nidi?. 10.0 mail NOTES: A strong odor of sulfide was noted. Director: B. Dauer Shelton Drilling Corp P.O. Box 1059 Basalt, Co. 81621 (970) 927-4182 Lic. # 1095 Name : Steve Rippy Invoice # : C-1932 c/o Date : 4/12/2002 Address : P.O. Box 894 Permit #: 234323 City, St, Zip : New Castle, Co. 81647 Location : New Castle Phone # : 970-984-2595 Hole Size Depth Type Casing ID Casing OD From - To 9.0 42 Steel 6.5 7.0 0-40 6.5 283 PVC 5.0 . 5.5 37-283 Perforated Ft : 60 ft Estimated : 15 gpm * Static Level : 3 ft Total Drilled : 283 ft Recommended Pump Set Depth 275 Ft. Pumping 15 GPM For Pump Installation We Recommend : Samuelson Pump 945-6309 (Raun Samuelson) J & M Pump Co 945-6159 (Rick Holub) Aqua Tec Pump 984-0311 (Tom Platzer) Instructions : Price Per Foot 240 Feet @ $ 25.00 Per Foot $ 6000.00 Feet @ $ Per Foot = $ 0.00 Total Footage Charge $ 6000.00 Minimum Well Charge (if applicable) $ Conditions Of Payment : pay $ 6000.00 PLEASE READ THE FOLLOWING RECOMMENDATIONS L *WE STRONGLY RECOMMEND A VALID PUMP TEST BE CONDUCTED BY A LICENSED PUMP INSTALLER TO DETERMINE THE ACTUAL WELL PRODUCTION AND WATER QUALITY. THIS SHOULD ESTABLISH THE ACTUAL WELL PRODUCTION PARAMETERS WHICH CANNOT BE DETERMINED WHILE DRILLING 2. OUR GUARANTEE IS VALID ONLY IF A LICENSED PUMP INSTALLER INSTALLS THE PUMPING SYSTEM !! 3. The landowner is ultimately responsible for the plugging and abandonment of dry holes or replaced wells. according to State Rules and Regulations. Please contact us for details and/or prices. 4. ALL INVOICES DUE AND PAYABLE WITHIN 10 DAYS OF INVOICE DATE, UNLESS PRIOR ARRANGE- MENTS ARE MADE. A 1.5% HANDLING CHARGE PER MONTH MAY BE ADDED 15J)AYS FROM FIRST BILLING. Please call us if you have any questions. THANK YOU WELL SHARING AGREEMENT THIS AGREEMENT, made and entered into this 10'h day of May 2002, by and between Steve & Becky Rippy, Owner of Tract 2 and Harley & Janet Rippy, Owner of Tract 1, all of the Harley Rippy Subdivision Exemption. WITNESSETH: WHEREAS, The Owner of Tract 1 owns certain real property located in Garfield County, Colorado described on the attached Exhibit "A" (Tract 1); and WHEREAS, The Owner of Tract 2 owns certain real property located in Garfield County, Colorado described on the attached Exhibit "B" (Tract 2); and WHEREAS, there is an existing well located on "Tract 2" ("The Well") which is generally depicted on the attached map ("Exhibit D"). The well is scheduled to provide a domestic water supply to Tracts 1 and 2; and WHEREAS, a permit has been obtained for an existing well from the Colorado Division of Water Resources as Permit No. 234323, and a well completion report therefore has been filed with the State Engineer's Office; and WHEREAS, the Tract Owners desire to set forth in writing the conveyance of rights to and their agreement concerning the ownership of the well and related improvements, the use and maintenance of the Well, and the rights and obligations of the parties concerning the Well and the use of the water therefrom. NOW, THEREFORE, for and in consideration of the mutual promises contained herein, the parties agree as follows: 1. The Tract 1 Owner and Tract 2 Owner shall each own an undivided 1/2 interest in said Well, related improvements and water rights associated therewith; and the Tract 2 Owner hereby quitclaims to Tract lOwner an undivided 1/2 interest in said Well, related improvements and water rights associated therewith. The intent of the foregoing conveyance to be that the two Tract Owners shall each have an equal right to use an equal amount of water produced from the Well to provide domestic water for one single family residence on each of the respective Tracts to the extent permitted by law. Thereafter, any Tract Owner shall have the right to undertake, without the consent of the other parties, all repairs and improvements reasonably required to alleviate an emergency whereby water supplies are threatened or curtailed by emergency reasons or factors. Non -emergency repairs, replacements, improvements and activities shall be made by mutual agreement. In the event that parties can not mutually decide upon what improvements, operation, maintenance, or replacement activities are necessary and proper, any party may provide notice in writing of a list of repairs, improvements or replacements, together with a budget therefore. Unless the other parties object in writing within fourteen (14) days of receipt of said Notice, consent to such shall be deemed conclusively given. In the event Objection is timely made, the parties agree to mutually select one qualified professional engineer or well driller to make recommendations and a budget and to be bound by such recommendations and budget. 2. 3. Each Tract Owner connected to the Well agrees that the combined outside usage of water production from the Well shall be limited to the irrigation of not more than 43,560 square feet of lawn and gardens (21,780 sq. ft. each to Tract 1 and Tract 2) supplied by the Well (with each party sharing in such proportionately subject to reasonable in-house requirements of each Tract, together with car washing and other incidental uses). 4. In the event that any party experiences water pressure or quantity problems, that party may give notice to the other parties of their intent and desire to increase well pump capacities and/or to construct up to 1000 gallons of water storage. The storage, pump and related improvements shall be designed to provide equal benefits to each lot in terms of water pressure and quantity. All costs and expenses associated with the engineering, design and construction of such water storage and related improvements shall be borne equally by the parties connected to the Well. 5. The parties agree to pay the common costs of maintenance, and improvements of the well, pump house and all other appurtenant facilities; each party shall pay all expenses and costs in accordance with their 1/2 ownership interest. All costs and expenses incurred by one party shall be reimbursed to the paying party within ten (10) days of presentment of written statement of such charges. In the event any party fails to timely pay such costs, the non - defaulting party may pay the obligation of the defaulting party, and the party in default shall then owe the non -defaulting party the amount of the obligation, together with interest on said amount at the rate of ten percent (10%) per annum; provided further that in addition to any other remedies provided by law for the collection of such costs, the non -defaulting party shall have the right to secure and receive payment of any sums so advanced with interest, by a lien on a defaulting party's parcel and, in the event foreclosure of the lien, or any other collection proceeding, the right to reasonable attorney fees and costs. 6. The parties agree to pay an electrical allowance of $5.00 per month into an escrow account until this account reaches the balance of $500. This escrow will be used for repairs and improvements to the well. At such time a draw for maintenance is made payment will resume until the balance again reaches $500. This account shall have all three of the lot owners as authorized Signatures and it must require the signature of two separate lot owners to make a withdrawal. The place of the escrow account shall be made by mutual decision of the lot owners. 7. Each party shall be solely responsible for all operation, maintenance and capital costs associated with the delivery of water from the Well to their respective Tracts. 8. In the event any party desires to clarify and confirm the legal description of a conveyed easement and reduce said conveyance and legal description to writing, said party may, at his sole option, have a legal description of said easement prepared by a registered surveyor and convey the easement to the grantee by appropriate instrument, which conveyance shall be deemed to supersede and satisfy the provisions herein of the said party granting an easement; provided, however, that the party granting an easement shall provide the grantee with a copy of the survey upon which the conveyance is based. 9. Notices. All Notices required or permitted hereunder shall be in writing and shall be deemed given and received when (a) personally delivered, or (b) 48 hours after the same is deposited in the United States mail, addressed to the other parties at their address appearing on the signature page hereof or at such address as shall be designated by such other parties by written notice to all the others. 10. Binding Effect. The rights and obligations of each party set forth herein shall be appurtenant to their respective Tracts, shall not be transferred separate and apart from said Tract, and shall be deemed covenants running with the land for the benefit and burden of Tracts 1, and 2 and shall be binding upon heirs, successors, and/or assigns of the parties hereto. 11. Entire Agreement. This agreement contains the entire agreement of the parties concerning the subject matter herein and supersedes all prior agreements, if any. 12. Counterparts. This Agreement may be executed in multiple parts as originals or by facsimile copy; provided however, if executed and evidence of execution is made by facsimile copy, then an original shall be provided to the other party(ies) upon request. When all of the parties to this contract have signed at least one copy, such copies together will constitute a fully executed and binding contract. IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the date first written above. Tract 1 Owner /fir —/C —CGS STATE OF COLORADO ) ss. COUNTY OF GARFIELD) Subscribed and sworn to before nye this WITNESS my hand and official seal. '7, 2 of My commission expires: Date day of TY) f✓04, , 2002 Garfield County Road and Bridge Department 902 Taughenbaugh Blvd., Ste 305 Rifle, CO 81650 Phone -(970)625-8601 Fax- (970)625-8627 Invoice Invoice Date: 4/2/2002 Invoice Number: 9 Bill To: Steve Rippy 1517 CR 240, P.O. Box 894 New Castle , CO 81647 Driveway Permit Number: $15.00 per Driveway Permit. Driveway Permit Fee: $15.00 9 Total Due: Thank You! $15.00 Garfield County Application for Driveway Permit Application Date: 4/2/2002 Permit Number:9 Termination Date:2/15/02 County Road Number: 240 District: 2 Sub -Contractor: Permitee: Steve Rippy Inspector: Kraig Kuberry Steve Rippy hereby requests permission and authority from the Board of County Commissioners to construct a driveway approach (es) on the right-of-way off of County Road, 240, , adjacent to Applicant's property located on the side of road for the purpose of obtaining access to property. Applicant submits herewith for the consideration and approval of the Board of County Commissioners, a sketch of the proposed installation showing all the necessary specification detail including: 1. Frontage of lot along road. 2. Distance from centerline of road to property line. 3. Number of driveways requested 4. Width of proposed driveways and angle of approach. 5. Distance from driveway to road intersection, if any. 6. Size and shape of area separating driveways if more than one approach. 7. Setback distance of building(s) and other structure improvements. 8. No unloading of equipment on county road, any damage caused to county road will be repaired at subdivision expense. 9. Responsible for two years from the date of completion. General Provisions 1) The applicant represents all parties in interest, and affirms that the driveway approach (es) is to be constructed by him for the bona fide purpose of securing access to his property and not for the purpose of doing business or servicing vehicles on the road right of way. 2) The applicant shall furnish all labor and materials, perform all work, and pay all costs in connection with the construction of the driveway(s). All work shall be completed within thirty (30) days of the permit date. 3) The type of construction shall be as designated and/or approved by the Board of County Commissioners or their representative and all materials used shall be of satisfactory quality and subject to inspection and approval of the Board of County Commissioners or their representative. 4) The traveling public shall be protected during the installation with proper warning signs and signals and the Board of County Commissioners and their duly appointed agents and employee shall be held harmless against any action for personal injury or property damage sustained by any reason of the exercise of the Permit. 5) The Applicant shall assume responsibility for the removal or clearance of snow, ice, or sleet upon any portion of the driveway approach (es) even though deposited on the driveway(s) in the course of the County snow removal operations. 6) In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the entrance shall be surely braced before the fence is cut to prevent any slacking of the remaining fence, and all posts and wire removed shall be turned over to the District Road Supervisor of the Board of County Commissioners. 7) No revisions or additions shall be made to the driveway(s) or its appurtenances on the right-of-way without written permission of the Board of County Commissioners. 8) Provisions and specifications outlined herein shall apply on all roads under the jurisdiction of the Board of County Commissioners of Garfield County, Colorado, and the Specifications, set forth on the attached hereof and incorporated herein as conditions hereof. Special Conditions: 1. Using Existing Driveway. Going from a 1 Family Driveway to a Two Family Driveway. In signing this application and upon receiving authorization and permission to install the driveway approach (es) described herein the Applicant signifies that he has read, understands and accepts the foregoing provisions and conditions and agrees to construct th tfveway(s) in accordance with the accompanying specification plan reviewed and approved by the Board of County Commissioners. Signed: Address: teve Rippy !�G ,il. V C—/ at/C &P7G 3.67. Telephone Number: 9dv a59.s Permit granted 4/2/2002, subject to the provisions, specifications and conditions stipulated herein. For Board of County Com issioners' of Garfield County, Colorado: Representative of Garfield County Road and Bridge Signature Special Provisions for Excavation of Road Surface and Installation 1) Any oversized material, (larger than 10 inches in diameter), that is not utilized in backfill will be hauled off by permitee. Further, any frozen material will be removed from site by permittee. 2) When a paved or chipped surface is cut, it is to be replaced with a minimum three-inch (3") hot mix asphalt patch. Temporary patch with cold mix asphalt would be allowed, which would be replaced with hot mix asphalt when the weather or availability of materials allow the work to be completed. An asphalt or chipped surface cut would require the road to be straight cut and squared by means of a pavement cutter or saw. A chipped surface cut will require a seal coat of thepatch, which will be full width or half width of roadway when trenches run with the road. For trenches across the road, the edges of the seal coat will overlap the existing edge. All seal coats will overlap edges by a two of the roadway in the vicinity of the excavation. Asphalt hot mix or cold patches will be completed in a maximum of five (5) working Days. Weather permitting. 3) When possible all installations should avoid the top edge of a fill slope. 4) Installations in drainages subject to flash flooding will have a minimum bury of 4 feet deeper than normal flow line at nearest abutment, wing wall, or culvert. 5) Installations at culvert crossings will be buried beneath the culvert with a minimum separation of 18 inches between installation and the bottom of the culvert. 6) Open trenches adjacent to the traveled roadway shall be backfilled daily to within 100 feet of the working area of the trench, and shall be barricaded with warning devices after dark. A 3 foot high orange plastic fence will be installed daily to keep livestock out of the open trench after hours. 7) In areas being disturbed where vegetation is established, reseeding with a mixture either by broadcasting, drilling and mulching with seed mixtures suitable to the climatic conditions or existing vegetation will be performed. Use only certified weed -free seed. Noxious weed control will be ongoing along with revegetation. 8) The permittee should check the R -O -W of surrounding landowners to see if other permits are required, i.e., BLM, Forest Service. Representative eld County Road and Bridge Steve Rippy Specifications 1. A driveway approach is understood to be that portion of the county road right -of way between the pavement edge and the property line that is designed and used for the interchange of traffic between the roadway and abutting property. 2. At any intersection, a driveway shall be restricted for a sufficient distance from the intersection to preserve the normal and safe movement of traffic. (It is recommended for rural residence entrances that a minimum intersection clearance of 50 feet be provided and for rural commercial entrances a minimum of 100 feet be provided.) 3. All entrances and exits shall be so located and constructed that vehicles approaching or using them will be able to obtain adequate sight distance in both directions along the county road in order to maneuver safely and without interfering with county road traffic. 4. The Applicant shall not be permitted to erect any sign or display material, either fixed or movable, on or extending over any portion of the county road right-of-way. 5. Generally, no more than one approach shall be allowed any parcel or property the frontage of which is less than one hundred (100) feet. Additional entrances or exits for parcels having a frontage in excess of one hundred 100) feet shall be permitted only after showing of actual convenience and necessity. 6. All driveways shall be so located that the flared portion adjacent to the traveled way will not encroach upon adjoining property. 7. No commercial driveway shall have a width greater than thirty (30) feet measured at right angles to the centerline of the driveway except as increased by permissible radii. No noncommercial driveway shall have a width greater than twenty (20) feet measured at right angles to the centerline of the driveway, except as increased by permissible radii. 8. The axis of an approach to the road may be at a right angle to the centerline of the county road and of any angle between ninety (90) degrees and sixty (60) degrees but shall not be less than sixty (60) degrees. Adjustment will be made according to the type of traffic to be served and other physical conditions. 9. The construction of parking or servicing areas on the county road right-of-way is specifically prohibited. Commercial establishments for customer vehicles should provide off -the -road parking facilities. 10. The grade of entrance and exit shall slope downward and away from the road surface at the same rate as the normal shoulder slope and for a distance equal to the width of the shoulder but in no case less than twenty (20) feet from the pavement edge. Approach grades are restricted to not more than ten percent (10%). 11. All driveways and approaches shall be so constructed that they shall not interfere with the drainage system of the street or county road. The Applicant will be required to provide, at his own expense, drainage structures at entrances and exits, which will become an integral part of the existing drainage system. The Board of County Commissioners or their representative, prior to installation, must approve the dimensions of all drainage structures. Note: This permit shall be made available at the site where and when work is being done. A work sketch or drawing of the proposed driveway(s) must accompany application. No permit will be issued without drawing, blueprint, or sketch.