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HomeMy WebLinkAbout1.0 ApplicationGary Kelly Grass Mesa Subdivision, Lot 55A and 55B Garfield County Parcel # 2403-033-00-044 Pre Application Conference Summary Division of Land Application Form Planning Application Receipt Copy of Application Fee Payment Agreement Form All provided by Garfield County Community Development Kathy Eastley, AICP Garfield County Community Development Department 108 8« Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 w�v�v. arfield-county.com ;PRE -APPLICATION CONFERENCE 5.p,mw RY. TAX PARCEL NUMBER: 2403-033-00-044 DATE: 2/4/15 - updated 3/31/16 OWNER: Gary Kelly, Bonnie Stokvis, William and Janet Hutton REPRESENTATIVE: Paige Haderlie — Fleisher Land and Homes 618-4775 al eh thefleishercorn•an .com PRACTICAL LOCATION: Grass Mesa Subdivision, Lot 55 TYPE OF APPLICATION: Minor Subdivision I. GENERAL PROJECT DESCRIPTION Lot 55 is a 53.25 -acre parcel located in the Rural zone district. The Comprehensive Plan Future Land Use Map (PLUM) designates the density as Residential Low Density (10+ acres per dwelling unit). This parcel was issued a building permit (#7633) for a 2500 square foot single family home in June, 2000. An application for a Land Use Permit for an Accessory Dwelling Unit (ADU) was reviewed and issued in 2000 by Resolution 2000-90, see attached and site plan below. The ADU building permit (#7766) was issued in September 2000 for a 1440 square foot unit. Two ISDS permits were issued for these units (#3377 and 3424). Information in the file from 2000 indicates that the exempt well pumped 8 g.p.m. with Samuelson Pump Co, having recommended a water storage system due to the low yield of the well. The Minor Subdivision process allows a one-time subdivision of the property into not more than 3 total parcels from the property. It appears that this is the appropriate process to accomplish this two -lot split. The Minor Subdivision process is an Administrative Review whereby the Director of Community Development is the decision maker on the application. The Applicant must submit required plans, reports and data to demonstrate compliance with the minimum standards of the 2013 Land Use and Development Code, as amended (LUDC). This code requires demonstration of (examples, see code for full list): ® Adequate legal and physical water typically proven by a valid well permit, 4 -hour pump test to demonstrate sufficient water to serve the Tots, and water quality analysis to demonstrate satisfaction of minimum safe water drinking standards; o Adequate wastewater disposal systems or the ability to construct systems; • Adequate legal and physical access to the sites; • A safe and adequate building site (geologic and soil issues). II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Garfield County Land Use and Development Code, as amended (LUDC) - Sections: Section 4-101 -- Common Review Procedures Section 4-112 — Call-up Section 4-202 — Waiver request of submittal requirements Section 5-301 — Minor Subdivision Section 5-401 and 402 — Submittal requirements Article 7 - Divisions 1, 2, 3, and 4 Garfield County Comprehensive Plan 2030 III. REVIEW PROCESS The process to accommodate these requests shall require a Division of Land through a Minor Subdivision process pursuant to the LUDC. A. Pre -application Conference. B. Application Submittal. (3 paper copies and one CD with digital information) C, Determination of Completeness. D. Set Director Decision date. E. Public notice documents provided to applicant. F. Additional copies requested and sent to referral agencies. G. Evaluation by staff resulting in a Report to the Director. H. Director decision issued for approval, approval with conditions or denial. I. Notice of decision is sent to the BOCC for review and determination of whether to call-up to public hearing. J. If no call up is requested within 10 days of notice the decision is final. 21Page K. Issuance of Land Use Change Permit upon demonstration of compliance with conditions. IV. PUBLIC HEARINGS AND NOTICE Public Notices shall be mailed pursuant to Section 4-101.E. No Public Hearing, subject to call-up Referrals will be sent to the following agencies: Engineer review Environmental Health County Road & Bridge Vegetation Management Division of Water Resources Fire Protection District Grass Mesa HOA BLM V. SUBMITTAL REQUIREMENTS • General application materials a Application form and fee; o Agreement to pay form; o Copy of Deed; o Letters of representation — in the event a single member of owners will be the authorized representative, or in the event a consultant is retained to represent property owners; o Title Commitment; o Names and mailing addresses of all owners of property within 200' of the parcel and assessor map indicating these parcels; o Mineral owners of the site — if mineral ownership is severed. If not severed include a statement to that effect as well as the method of research — see attachment; o Copies of building permits, well permits and septic permits for the property; o Copy of the pre -application conference form; o Project narrative. • Vicinity Map - 4-203 C.; • ' Site Plan — 4-203 D. — this is the parcel shown with all improvements — existing homes, the driveway, location of water lines, septic system, etc.; • Final Plat prepared by a licensed surveyor 5-402 F.; • Water Supply and Distribution Plan — 4-203 M.; • Wastewater Management Plan — 4-203 • (CCR's) -- 5-402 I. -- Provide Grass Mesa CCR's or waiver request may be appropriate; • Response to Standards in Article 7; • Engineering Reports — details in 5-402: Waiver request may be appropriate o Roads, Trails, Walkways and Bikeways (if any); o Sewage Collection and Water Supply and Distribution System; o Groundwater Drainage — How the site drains; o Preliminary cost estimates for improvements (if any). 3FPage The Applicant may request waiver of submittal requirements that would not apply to this application — for example, if Codes, Covenants and Restrictions were not proposed for the subdivision, or if there were existing CCR's in the case of Grass Mesa I -10A. The process to request waiver is to respond to criteria in section 4-202 of the code. VI. APPLICATION REVIEW FEES This application will be subject to the following fees and deposit requirements: Planning Review Fees: $ 400.00 Plus additional Staff time at staff hourly rate of $40.50 Referral Agency Fees: County Surveyor: Recordation: Other: Total Deposit: $ hourly rate for engineer review $ hourly rate for review of plat $ per Clerk and Recorder fees $ 950.00 separate check made out to Colorado Geologic Survey $ 1350.00 in two separate checks General Application Processing 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 bv: March 31, 2016 Kathy Eastley, AICP Date 4113 age Gary Kelly Grass Mesa Subdivision, Lot 55A and 55B Garfield County Parcel # 2403-033-00-044 Division of Land Application Form Provided by Garfield County Planning Application Receipt Copy of Application Fee Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfieici-county.com TYPE OF SUBDIVISION/EXEMPTION Owner/Applicant . Name: \curl 11 -e -A L{ Phone: ( 97V) 379- 303(p Mailing Address: 1}-37/ C rci&& tVLeSeL ocLo( City: t -c-- - State: Cd Zip Code: 9 1 kosb Er -Minor Subdivision k.T Representative (Authorization Required) r f Phone:() (IV"`t%7, Name: et,iC.C- dP_fII g7D N Preliminary Plan Amendment Major Subdivision PROJECT NAME AND LOCATION 0 Final Plat Amendment 0 Sketch ❑ Preliminary 0 Final Legal Description: Loi 55, err- Me Set- St incl 4 i 1/1-W‘ 6-Y1 0 Common interest Community Subdivision Conservation Subdivision 0 Public/County Road Spilt Exemption 0 Yield • Sketch 0 Preliminary ■ Final 0 Rural Land Development Exemption 0 Time Extension INVOLVEDPARTIES Owner/Applicant . Name: \curl 11 -e -A L{ Phone: ( 97V) 379- 303(p Mailing Address: 1}-37/ C rci&& tVLeSeL ocLo( City: t -c-- - State: Cd Zip Code: 9 1 kosb E-mail: 8curti kC.c ([ (13 7 / @ G'mOE.i 1 . 't-t5Z'tr► k.T Representative (Authorization Required) r f Phone:() (IV"`t%7, Name: et,iC.C- dP_fII g7D Mailing Address: ) 43D 6 at ire av-e . City:�� State: .Q./0 Zip Code: B i(PM E-mail: `�cx,i[l.e � D ti cera -k-CU - C.7141 PROJECT NAME AND LOCATION Project Name: GroLss V 1 5g/A +56 a Assessor's Parcel Number: 0 7b.; - ,?.3 -.E - 01_4 ,Q Physical/Street Address: .1-6 7] C-11 r`izaz f`)iesct__ -P.--o 0_01 i -f -L. , ao'>/ to ,5--4) Legal Description: Loi 55, err- Me Set- St incl 4 i 1/1-W‘ 6-Y1 Zone District: Property Size (acres): -50 • Project D Ser ption Existing Use: 2. '5E 1,11-VOLyvi,i (kb YVLLS Dvi 0-vu_. 1)Af-ce.. . Proposed Use (From Use Description of Project: Table 3-403): . 5 71 i� ecuroLA 5o e _ch VLOw12:� i S si +V -0....,--k- 01 0 "� ti 0 w Y1 '44--C...0_-( , Proposed Development Area Land Use Type # of Lots # of Units Acreage Parking Single Family 2. .. ,6b. SU #1 -- Duplex -a' Multi -Family -43-- Commercial . -9- Industrial -12r Open Space .tom .a" . _Other Total 2. REQUEST FOR WAIVERS Submission Requirements The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards Ep The Applicant is requesting a Waiver of Standards per Section 4-118. List: f Section:4-2-03m r +nQ e- wa c,r stkiiet,c.f Section: q -2.03M es�,..crJeWalk-+M ttit 5.4014j Section: I, -243L -k .xic s okeftykr.v4Section: roams✓« �.1 sAvc.,§t I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. Ju. Signature of Property Owher 3-3I-Lo Date OFFICIAL USE ONLY File Number: Fee Paid: $ 4/26/2016 Application Date Plan Case Type Parcel Number* Project Name Submission Completed Planning Application Receipt 04/2612016 Subdivision Minor 240303300044 Grass Mesa - Kelly Minor Sub, Lots 55A & 55B Applicant / Owner* Gary Kelly Project Address* 4361- 4371 Grass Mesa Rd. City* Rifle Section -Township -Range* 03-07-93 Subdivision Grass Mesa Block Lot or Tract 55 Zoning R- Rural Owner Mailing Address * 4371 Grass Mesa Rd, Rifle CO 81650 Owner Phone* 970-379-3086 Representative (Arch, Eng, etc.) * General Description* Fees and Payments: Paige Haderlie Split parcel so each home is situated on it's own separate parcel Fee Name Fee Amount httpi/vitstiwebsrv.garrield-county.com/Forms/Form/submit i12 4/26/2016 Submission Completed Application Fee Total Fees Due: Payments: Date 04/26/2016 Total Paid: Total Due: Special Notes Pay Type Check Permit Number Assignment $ 400 $ 400 $ 400 Prefix MISA Number 8446 Month* -04- Year* (?) 16 - Plan Case Number* MISA-04-16-8446 $ 400.00 Check Number Amount Paid 5100 $ 400.00 httpi/vits8websry.garfield-county.com/Fornis/Fom/Submit 2/2 °•GARY L KELLY 4371 GRASS MESA RD RIFLE, CO 81650-8471 Pay to the QA-c6dizap Orciet of \tr\ U.ANRASLIa- ; WELLS Wes Fz rgo Bark NA FARGO Co!omio Wasfarga.com . . 23-7)1020 152 700300201 Date o0 mict-V.74- grA GARY L KELLY 4374 GRASS MESA RD RIFLE, CO 81650-8471 5111 23i7/13u2i1152 - • • PpY to the Order of thk-X'' • (--tt'&"-.01501tars Eia Gary Kelly Grass Mesa Subdivision, Lot 55A and 55B Garfield County Parcel # 2403-033-00-044 Payment Agreement Form Provided by Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") Ca3 agree as follows: 1. The Applicant has submitted to the County n application for the followin Project: -Avid 4311 Gr mesCL Ooo i � l CD MASO 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person: E-: A 4 el Phone: (970) 37 � - 308(P Billing Contact Address: 437 ru,cS lei Scv o0—d City: State: Q® Zip Code: E i lo,s`O Billing Contact Email: Cy-9-4-9-1L11Lt371 T.cra. l col' Printed Name of Person Authorized to Sign: a [Le. L tAAc Signature) (Date) Gary Kelly Grass Mesa Subdivision, Lot 55A and 55B Garfield County Parcel # 2403-033-00-044 Project Narrative and supporting building documents Resolution No.2000-90, special use permit for accessory dwelling unit on proposed Lot 55B Building Permit No. 7766, accessory dwelling unit on proposed Lot 55B Certificate of Occupancy for Building Permit No. 7766 Building Permit No. 7633, single family unit on Lot 55A Certificate of Occupancy for Building Permit No. 7633 Fleisher Real Estate Working harder since 1975. June 15, 2016 Garfield County Community Development 108 81h Street, Suite 401 Glenwood Springs, CO 81601 Reference Grass Mesa Subdivision, Lot 55 Parcel # 2403-033-00-044 File number MISA -04-16-8446 To Whom It May Concern, This letter is to describe the project known as the Kelly Subdivision, Lot 55 of Grass Mesa Subdivision. The property is owned by Gary Kelly. Lot 55 is a 53.25+/- acre parcel located in the Rural zone district. The Comprehensive Plan Future Land Use Map(FLUM) designates the density as Residential Low Density (10+ acres per dwelling unit.) This parcel was issued a building permit (#7633) for a 2,500 square foot single family home in June, 2000. An application for a Land Use Permit for an Accessory Dwelling Unit (ADU) was reviewed and issued in 2000 by Resolution 2000-90. The ADU building permit (#7766) was issued in September 2000 for a 1440 square foot unit. Two ISDS permits were issued for these units (#3377 and 3424). The owner desires to do a minor subdivision to subdivide Lot 55 into Lot 55A and Lot 55B. He wishes to then sale Lot 55B. The single family home permitted as #7633 will be located on Lot 55A and will continue to be owned by Gary Kelly. The accessory dwelling unit permitted as #7766 will be located on Lot 55B and shall be offered for sale. The dwelling on Lot 55B has been rented for 2 years. There will be no additional impact on roads or streets. Thank you in advance for reviewing this minor subdivision application and your timely response. Sincerely, Paige Haderlie Broker Associate, GRI (970)625-2255 direct office line www.fleishmealestate.corn 207 Basalt Center Circle, Suite 103 Basalt, CO 81621 Office: 97o-927-6828 Fax: 970-927-6828 981 Cowen Drive, Suite B-5 Carbondale, CO 81623 Office: 970-704-1515 Fax: 970-704-1444 tool Grand Avenue, Suite 201 Glenwood Springs, CO 81601 Office: 970-945-906o Fax: 970-945-1136 1430-A Railroad Avenue Rifle, CO 81650 Office: 970-625-1838 Fax: 470-625-1530 1 11111111111 111110 1111111 1{110111111111 I111111 372315 11/16/2800 02104P B1217 P718 N ALSDURF 1 of 8 R 0.08 0 0,00 GARFIELU COUNTY CO STATE OF COLORADO )ss County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Rooin, Garfield County Courthouse, in Glenwood Springs on , Mondaythc_tatWay of Nnv. A.D. 2000, there were present: John Martin , Commissioner Chairman Larry McCown , Commissioner Walt Stowe , Commissioner Don DeFord Mildred Alsdorf Ed Green , County Attorney , Clerk of the Board , County Administrator when the following proceedings, among others were had and done, to•wit: RESOLUTION NO, 2000—qo A RESOLUTION CONCERNED WITH THE APPROVAL OF THE HUTTON SPECIAL USE PERMIT APPLICATION FOR ONE (1) ACCESSORY DWELLING UNIT ON TFIE PROPERTY DESCRIBED IN EXl IB1T A, ATTACHED HERETO, WHEREAS, the Board of County Commissioners of Gnrficld County, Colorado, has received an application from William Hutton for u special use permit to allow for approval of one (1) Accessory Dwelling Unit; and W[ CREAS, the Board of County Commissioners of Garfield County, Colorado, held a public !tearing an the 5th day of September, 2000, upon the question of whether the above described accessory dwelling unit should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions concerning the approval of said special use permit; and WI IEREAS, the Board of County Commissioners of Garfield County, Colorado, on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact as listed below: That proper public notice was provided as required for the heating before the Board of County Commissioners; Page 1 014 ! 111 DIMEM Ilan 1111111 d11111111nIllIH I 572315 11/i8neei 02.04P 131217 P717 t-1 ALSOORF 2 of U R 0.00 0 0,0,0 CARPiELO COURTY CO 2. Thal the hearing 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 special use permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of tate citizens of Garfield County. 4, Thal the application is in confomiance with the Garfield County Zoning Resolution of 1978, as amended; And, WI-IBRRAS, the Board of County Commissioners has made the following determination of findings listed below; 1. The Applicant's submission was filed with the Planning Department of Garfield County on the 25th day o€May, and referred to the Board of County Commissioners; 2. The Board of County Commissioners established a date for a public hearing on the application for the special use permit and the vesting development righls per 24-68-103, C.R.S., as amended, which commenced on the 5``' day of September, 2000; 3. Pursuant to evidence produced at the public hearing on this application, the Board of County Commissioners finds: a. that tate property owners adjacent to the property that is the subject of this application received notification of the date, time, and location of the above -referenced public hearing by certified mail, sent at least Hem (15) days prior to the commencement of the hearing; b. that notification of the public hearing was published in a newspaper of general circulation at least fifteen (15) days prior to the commencement of the hearing; c, that the substance of the mailed and published notification substantially informed interested parties of the subject matter and the location of the requested modification to the existing zoning; d. that the Board of County Commissioners has jurisdiction to conduct the public hearing on the application and render a decision thereon; and e. that the requested accessory dwelling unit does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the property that is the subject of this application, or the public interest, and is not granted solely to confer special benefit upon any person, Page 2of4 1111111 all QIlBl1 ii111111111111111I] 111101 Ill iiln 1111101 572315 11/10/2000 02:04? n1211 P710 It AMORE " qF 5 R 0.00 D 0,00 GARFIELD COUNTY CO 4. Pursuant to 3,02 of the Garfield County Zoning Resolution of 1978, as amended, the Board of County Commissioners herein find (hat, subject to strict compliance with the conditions set forth herein, the special use permit will meet the standards and requirements of 5.03, et sew. of that Zoning Resolution. 5. The special use permit, subject to Ilse conditions set forth herein, will be designed with the consideration ofthe natural environment Utile site and the surrounding area, and will not unreasonably destroy or displace wildlife, natural vegetation, or unique features of the site. 6, The Board of County Commissioners finds that no portion of the special use permit conditionally approved herein may be occupied until all appropriate building inspections have been approved by the Building Department, NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Hutton Accessory Dwelling Unit is hereby approved subject to compliance with all of the following specific conditions: 1. That all representations of the applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval. 2. That, prior to issuance of any special use permit, the applicant shall submit evidence of tun adequate (in terms of quality and quantity) physical water supply to serve both units. The water supply evidence shall include: a) That a four (4) (tour pump test be performed on the well to be used; b) A well completion report demonstrating the depth of the well, the characteristics of' the aquifer and the static water level; c) The results of the four(4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; ' _ d) A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; e) An assumption den average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; f) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria, nitrates and suspended solids; 3. That the applicant shall meet all requirements of the Garfield County Zoning Resolution of 1978, us amended, and shall meet all building code requirements. 4. That ail State and Local health standards be met and that the applicant acquire an adequate ISDS permit at the building permit stage, Page 3 of 4 1 I111H11111111111111111 111111 1111111111 l 1 IIIA ILII 1111 972315 11/18/2000 02.04P b1217 P719 h ALSOORF 4 of 5 R 0,00 0 0,00 GARFIELD COUNTY Co 5. That the gross floor area of the accessory dwelling unit shall not exceed 1,500 square fect. The accessory dwelling unit shall be built in the approximate location shown in the application. 6. That the accessory dwelling unit shall not be conveyed as a separate interest but inay be leased. 7. That it is the applicant's responsibility to comply with any applicable covenants or Ifomeowncrs' Association (BOA) rules, +-P /gr[' i,o 3fthcBoard motion duly made and seconded the foregoing Res( lotion a. adopted b he following vote: COMMISSIONER CHAIR JOHN F. MARTIN , Aye COMMJS I U NER LARRY L. MCCOWN , Aye COMMISSIONER WALTER STOWS , Aye Dated this / day of asstr, arA , A.D. 2QQQ_, GARFIELD COUNTY BOARD OF COM 1. 0- ERS, GARFIELD CO 1 )LO STATE OF COLORADO County of Garfield ) )ss I, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records oldie Proceeding of the Board of County Commissioners for said Garfield County, now in my office, IN WITNESS WFEBREOF,1 have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D, 20� County Clerk and ex -officio Clerk of the Board of County Commissioners Page 4of4 02/3ba/SSMA SRGTION 3, TO;* BB1P 7 BOA, RANOS 93 MST OEC TM SIXTH PRINCIPAL MRIDXAif. COUNTY OF RYI LD . STAR'S OT COLORADO n knoanby citta pnd mimbtr as; LOT 55 GRASS mum magi RI9IiR. CO 01650 C I11III! 11II1 EMI IIII Q 1IIID MI II1 E1I ILII MAIM 572315 11/t5/2050 02:04P 81217 P720 H AMORE 5 or 5 R 0.00 D 0.00 BORFIELD COUNTY CO INSPECTION W .T W MADS: UNLESS: THIS CARD tS POSTED N J : BUILDING PERMIT GA FIELD COUNTY, COLORADO Mt` Date Issued. .,..Zoned Arca Permit No..... .� AGREEMENT In consideration of the issuance of this permit, the applicant hereby agrees to comply with all laws and regulations related to the zoning, location; construction and erection of the proposed structure for which this permit Ls granted, and further agrees that lithe above said regulations are not fully complied with in the zoning, location erection and construction of the above described structure, the permit may then be revoked by notice from the County Building Inspectand IMMERIL TELY BECOME NULL AND VOID. Setbacks__ Rear Thls Card Must Be Posted So It is Plainly Visible From The Street Until Final Inspection. THIS PERMIT IS NOT TRANSFERABLE Phoneme 109 8th Street County Courthouse Glenwood Springs, Colorado. IDE - COVER WITH CLEAR PLASTIC INSPECTION RECORD Footing /0 - 3 -Ob (' Foundation !Q , 5 Underground Plumbing Insulation- _ . - ,, .,., .-- Rough Pum .Y 2�� f A tLN0 Drywall Q_ -7-0i INIMINIPIIMIll Chimney & Vent , ...,. s s -f, ;si c[.t -r. , ,,. a -1-a} a� as Pping r�r.,pi Final g 7 .,. - - -t,`�, c r Rnk tl1• ',,:.r, ::, ; ... • i_m ° i Septic Final _EIe Framing S. �-1-- S1e (To include Rodin place and Windows and Doors installed). Notes; ,Iper-e .ei '.# „loop " clo ALL LISTED ITEMS MUST BE INSPECTED AND APPROVED BEFORE COVERING - WHETHER INTERIOR OR EXTERIOR, UNDERGROUND OR ABOVE GROUND. THIS PERMIT IS NOT TRANSFERABLE Phoneme 109 8th Street County Courthouse Glenwood Springs, Colorado. IDE - COVER WITH CLEAR PLASTIC Job Address GARFIELD COUNTY BV1LDiNG, SANITATION and PLANNING DEPARTMENT 109 8th Street, Suite 303 Glenwood Springs, CO 81601(970) 945-8212 l(-- C3 ems fj Nature of Work7i1 ing Permit No. 7766 Use of Building Owner t TVfl k,7 1. 1 11 l {� S(Y\ Contractor nt Amount off ?uffiit$ I q ‘, 9 {.7 9oi.as Ste, -(°00, Date le Certificate of Occupancy No. 4329 Building Department Garfield County, Colorado No change in the character of occupancy ofa building shall be made without a Certificate of Occupancy -(UBC Sec. 109.1) This certificate is issued pursuant to the requirements of Section 109.3 of the Uniform Budding Codecertifying that at the time of issuance, this structure was in compliance with the various codes adopted by the County regulating building construction or use for the following: Use Classification Single Fami7.y Duelling on Foimdatiaa Building Permit No. (Accessory age:1.1331g unit Reesolurn. 212000-90) Group R3 Type of Construction VN Owner of Thadingwiiiiain. Hutton 7766 Zone District Address 4155 Grass Mesa Rd. Building Address 4361 Grass Mesa Rd. Rifle OD Loy Lot 55 Grass Mesa Contractor owner Address 4155 Grass Mesa Rd. Rifle, CO 81650 By Date Date February 15, 2002 ChiefBPI-MingOfficial Issuance ofa Certificate of Occupancy shall not be construed as an approval ofa violation of the provisions of this code or of other ordinal of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. (UBC Sec. 109.1). GARFIELD COUNTY BUILDING PERMIT APPLICATION GARFIELD COUNTY (GLENWOOD SPRINGS), COLORADO 384•-5o63 INSPECTION LINE: (970) PERMIT NO. PARCEL ISCHEDULF NO. e.LEPHONE: (970) 945.8212 �Q ma i TOB ADDRESS, Nati„ r 11 , • 1 LOTNO. ,— — BLOCK NO. SUBDIVISION/EXEMPTION 2 owi l 11 t d nA r . Fl EA. ir1/4-ne .-et h r..- F1 -t0. th /•,ADM" • , c74 . zoi - S'r,S 5,q- 3 r'/ 3 CONI7.cC[tI 5ADDLEas NC IX. NO: 4 AACIAT>MINCOM MDiEa1 PN: LIC No: 5 IQ Ft OF IvuDIO IQ.fT-Of WY C t Iuarr No. OF PLWAa 6 °It Of BLZDOM ., 1 a p V`.. ct 7 DFscuMEMtPX /11. 1.. . 4s.•.. • 4 t 8 �1'' dwMS ovWO , liw °ADDiRON 0AVIIIRA 1ON ouow n1�bIOtiB ICE 9 NCLE aDovuIz CA?!O►Y: oivQB °DOLIBLD (LOAM, a i) 10 J AA (!ERIC) aDlhiwAT SMUT ]('ON MITE SWAGE DtlTOCe.1 ' 1 VALUA71']HCF 111:01:: 1 AMMO VALUATI9N /6 �ISKAAN IlI ! 0 s 1I 6lLCIAL COhvflow, -P-i t i Ing P S p e i o -ti asc. Perm `" -- m i41CLc� -&..cl a•e P-Q.GrticA 4/ ` NOTICE A SEPARATE ELECTRICAL. PERMIT L5 REQUIRED AND MUST DE ISSUED BY THE STATE of COLORADO. 11 PIAN CHECK FEE �/ / S—L/ r�yt .`2! 9 07 PERMIT FEE: 0 (.2 S - THIS PEPM1T BfsCOME& NULL AND VOID Ir WORK OR CONSTRUCTION AUTHORIZED 1S NOT COMMENCED WW H1 184 DAYS, OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 110 DAYS AT ANY TIME AFTER WORK 15 COMMENCED. TOTAL FEE: DATE Pr:RM.ff ISSUED: ( f46 .Q /• f lO 1 HEREBY CERTIFY THAT 1 HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO B5 TRUE AND CORRECT. AL1. PROVISIONS OF LAWS GOVERNINO TIES TYPE OF WORK WILL BB COMPLIED WITH WHETHER SPECTP +LLD HEREIN OR NOT. THE OEANTING OFA PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER 5 TATE OR OC: GROIW. CONST: TYPE: it -5 V — Af LOCAL LAW REGU1ATLNG CON • UCTIO OR THE PERFORMANCE OF CO • ET • r. f' 'WO ZONING • SETBACKS: 1, L . $ E , C , PaLUC Or IOt11, stoat �+1 ECid [D rst• • , ¢oln•a i,. //4. :4111f , • 4, ,� „' IL 410 MANU. HO\:13: ISUS NO. at FEE:( • 9 .% .t.Approvat/DEsc r harm 1 •. A•. av Ifo AGREEMENT PERMISSION 1S I IEREDY GRANTED TO THE APPLICANT AS OWNER CONTRACTOR AND:OR THE AGENT 05 TETE CONTRACTOR OR OWNER TO CONSTRUCT THE STRUCTURE A` DETAILED ON PLANS AND SPECIFICATIONS SUBM if 1 ED TO AND REVIEWED BY THE BUILDING DEPARTMF.N1. IN CONSIDERATION OF THE ISSUANCE OF TIES PERMIT, THE SIGNER HEREBY AGREES TO COMPLY WATT ALL IT URIHNO CODES ANI) IAND USE REGULATIONS ADOPTED W OARFIEth COUNTY PURSUANT TO AUT1iORI[Y GIVEN 04 30.28141 CRS AS AMENDED. THE SIONER FURTHER AGREES THAT 1F THE AEOVE SAID ORDINANCES ARE NOT FULL) • COMPLIED WAIT! IN THF. LOCATION, ERECTION, CONSTRUCTION AND USE 05'[115 ABOVE DESCRIBED STRUCTURE, TM PEEWIT MAY THEN DE REVOKI3D DY NOTICE FROsI THE COUNTY AND TILAT THEN AND THERE rr SHALL BECOME NULL AND VOA): THE ISSUANCE OF A PERMIT BASED UPON PLANS, SPECIFICATIONS AND OTHER DATA SHALT. NOT PREVENT THE BUILDING OFFICIAL FROM 11tERP-AFTER REQUIRING TRI CORRECTION OF ERRORS }N SAID PLANS, SPECIFICATIONS ANI) OTHER DATA OR FRO PREVI3NITNG BUILDINO OPERATION 1351140 CARR113I) 0)4 T}1L:RP.UNDER WHEN Ir, VIOLATION OF THIS CODE OR ANY OTHER ORDINANCE OR RF.GULAT1ON ot? ins nrRISDICTION. THE REVIEW OF THE SUBMITTED PLANS AND SPECII1CATIONS AND INSPECTIONS CONDUCTED THEREAF ER DOES NOT CONSTITUTE AN ACCEPTANCE OF AN': IONSIBIL1Tli3S OR MOBILITIES BY GARFIELD COUNTY FOR ERRORS, OMISSIONS OR DISCREPANCIES. THE RESPONSWILLTY FOR THESE ITEMS AND IMPLEMRNTATIOT £NG CONSTRUCTION RESTS SPECIFICALLY WITH THE ARCHITECT. DESIGNER, AND OWNER, COMMENTS ARE INTENDTEDTO BE CONSERVATIVE. AND IN SVPPOR•! Or THE OWNERS INTEREST. Ourfomtoo3 I HEREBY ACI:NOW1 EDGE THAT 1 HAVE READ AND UNDERSTAND 11113 AGREEMENT ABOVE. (INITIAL} F"NSPECTION WILL NOT BE MADE UNLESS" THIS CARD IS POSTED ON THE JOB 24 IIOIIHS NOTICE REQUIRED MUI2I INSPECTIONS 11O1IRS NOTICE REQUIREI) FOR 1NSP& C1'IONS Date Issued BUILDING PERMIT GARFIELD COUNTY, COLORADO iV !1�l...Zoned Area Permit No.., . 5. AGREEMENT In consideration of the issuance of this permit, the applicant hereby agrees to comply with all Jaws and regulations related to the zoning, location; construction and erection of the proposed structure for which this permit is granted, and further agrees that lithe above said regulations are not fully complied within the zoning, location, erection and 'construction of the above described structure, the permit may then be revoked by notice from the County Building Iaspec r and IMMEDIATELY BECOME NULL AND VOID. Us Address or a1 Descriptio Owng rtb clre �rotrt -- �Ide ;gide Rear This Card mar Be Posted So It Is Plainly Visible From The Street Until Final Inspection. £ontraclor ___ • INSPECTION RECORD Foutla + tees y,,w ..srm.s Fou `Mian 7:10-60 L-,' : Underground Plumbing Insulations( -D( Al h Rough Plumbing 5-..1_0( 610-0cc--.ZZ-(—)1 Chimney & Vent . EjeCtiic Final (I)StAtc iitcpccruri i tiesi,y as.Ppag ;,,:i ,.; ,. • .' 1 ..11 Elec 1'k Ito • d UI!• State I •.:Lia . f 1377 . Frain ng t9+0iv 4 •. r ' . (To include Rootia' . ` ' t,•4, and Doors Installed); .. .. - . .. }+z :k;-.. . ` ;>S:. ALL LISTED ITEMS MUST. WHETHER INTERIOR O :INS -E -: t?:' APJ LOVED BEFORE COVERING - Q ; UNAERGItOUND OR ABOVE GROUND. 3Sq Phon APP Date TNiS J l MIT I, }$OT'•.TitANSFERABLE 109 8thOtr,*bt -:Cowity' ourthouse Glenwood Springs, Colorado. »O N(T. DEBTItolf.Ili lS (Ri) SPL' 11 CLEAR PLASTIC 1._ GARFIELD COUNTY BUILDING, SANITATION and PLANNING DEPARTMENT 109 Sth. Street, Suite 303 Glenwood Springs, CO 91601(970) 945-8212 4137 Sob Address Q?iq}SS fe5,t) "RD •ill Nature et -work Build3rtg Permit No. 7633 Use of Building Quer &10Y<Ni S a Saio /4 fav - 90 Cibk C Certificate of Occupancy No. 4328 Building Department Garfield County, Colorado No change in the character of occupancy 0(2 building shall be made without a Certificate of Oecupancy-(CBC Sec. 109.1) This certificate is issued pursuant to the requirements of Section 1093 of the Uniform Budding Code certifying that at the time of issuance, this structure was in compliance with the various codes adopted by the County regulating building construction or use for the following: Use Classification Single Family L zelling ont crawl space Building Permit No. 7533 w/garage & storage Group R3, u1 Type of Construction VN Zone District Owner ofBuldingBcainie Stokvis & Gary Kelly Address 4155 crass Mesa Rd_ Building Address 4371 crass Mesa Rd. Rifle, CO Locality Lot 55 Grass Mesa Contractor °wrier Address 4155 Grass Masa Rd. Rifle, CO By Chief Building Official Date February 19, 2002 Issuance of a Certificate of Occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinal of the jurisdiction_ Certificates presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. (UBC Sec. 109.1). ti GARFIELD COUNTY BUILDING PERMIT APPLICATION GARFIELD COTJN1Y (GLENWOOD SPRINGS), COLORADO '1 EPHONE: (970) 943.8212 38 5oc3 INSPECTION LINE: (970) �YIIIW� PERMIT NO. -710? 3 _ PARCEUSCHEDULE NO. TOB ADDRESS:_ rn-15.5 / • ' e4.. Els i ci ( i1 V li]_S ..F„___,, IAT NO. , V BLOCK NO. SUBDIVISION/EXEMPTION 2 00,-0, et? r F11 G 51-4 VIS ADDFUbt x >3x r . 3 NNIMCTOR_. rn P 0.00010 SA,m.P. PFG Ile.Titr 4 1,33.701£etro.'oa EVI.ADbr ae. Fdt NO I1CAV 5 IQ. Pt OF BIALD d:t iLl� /I`�� ff FT. OF LOT p-- .•t (Jr 4 MIGHT _ Na OF F LOOPA i 6 (=Pt nt10D0l0 t i'd5ic1PA i1, 7 DEMME , 5/ wig.'. Tom! )y AliJ•Ljd + q ,- 8 LY/AI OF FFOIU(: *IV OACOMOrr OALIEM110:1 °MONT V ono.govx 9 OA.PAOE. P6LNOr .0 LA.. cA1.1.0AT: .611703E oUOUAFe I0 XlUV WAY MUM 111 4 / . Wim! % 6E pL1]OAAL (l:yrlC) um HAM WI VATFON OF WOW1 4O11331L13 VALUATION I . •� 39 517 (/ / rD �J{J `T CD drumcom.s: NOTICE A SEPARATE ELECTRICAL PERMIT IS REQUIRED AND MUST DE ISSUED EY THE STAYS OF COLORADO. TIM 1' -RMIT BECOMES NUT.[. AND VOID IP WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 140 DAYS. OR IF CONSTRUCTION OR WORT: IS SUSPENDED OR ABANDONED FOR A PERIOD 01, ISO DAYS AT ANY TIME ATTER WORK IS COMMENCED. 1 IfT-KLI)Y CERTIFY TILAT 1 HAVE READ AND EXAM[NED'II 131 APPLICATION AND KNOW 1111' SAME TO BE TRUE AND CORRECT. ALT. PROVISIONS OF LAWS GOVERNING THIS TYPE OF WORK %VIII. BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. 111E GRANTING OF A PEM' DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOC - LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CON , • UCTION. r , = 1 ...f 47'.�.., . �I�- D PLAN CI IE CK MEI f ��••�� % 0O 2 ."► / l b PERMIT PEE. VV r s ci2. Z TOTAL. FEB:` fr DATE PERMIT ISSUED: 2_b / "1 `r' OCC: GROUP: ft- i> (1— 1 CONST: TYPE: % -- ji V _. SMACKS: q q.--. p� LQ 4.9-02S F�� ISDS NO. & FEE! f 7 . —7� 1 SQ. 0 0 ONEN0: ' 1 .. -a ,,� r.. me afOwOCF.Conno:ororFu onzedig td and •. [•. noticeIbrnY. jIANU. ''.i f10ME: •�:,' BulSsia lkpt. A Paw�GUrto r t�•L AP� o r rata AGREEMENT PERMISSION 1S HEREBY GRANTED TO THE APPLICANT AS OWNER CONTRACTOR AND:OR TIM AGENT 0F11 IE CONTRACTOR OR OWNER TO CONSTRUCT THE STRUC`1URE e% DETAILED ON PLANS AND SPECIFICATIONS SUBMITTED TO AND REVIEWED BY THE BUILDINCi DEPARTMENT. IN CONSIDERATION OF THE ISSUANCE OF THIS PERMIT. THE STGNTER HEREBY AGREES TO COMPLY WITH' AIL BUILDING CODES AND LAND USE REGU[.ATIONS ADOPTED Wi GARFIELD COUNTY PURSUANT TO AUTHORITY GIVEN IN 30.21.201 CRS AS AMENDED. THE STONER FURTHER AGREES TI IAT IFTTIII ABOVE SAID ORDINANCES ARE NOT F 'l1.1 COMPLIED Wf1T! IN THE LOCATION, ERECTION, CONSTRUCTION AND USE OF THE ABOVE DESCRIBED STRUCTURE, THAI PERMIT MAY 11SP.N BE REVOKED 13Y NOT'1CLt FRO*F THE COUNTY AND THAT THEN AND THERE IT MULL BECOME NULL AND VOID. •TILE ISSUANCE OF A PERMIT BASED UPON PLANS. SPECIFICATIONS AND 011311R DATA SI IAIL NOT PREVENT THE BI IILDING OFFICIA1. FROM THEREAFTER REQUIRING 1111 CORRECTION OF ERRORS IN SAID PLANS. SPECIFICATIONS AND OTHER DATA OR FRO PREVENTING BUILDING OPERATION BEING CARRIED ON TIE R.EUNDER WHEN R VIOLATION OF THIS CODE OR ANY OTTIF.RORDINANCE ORREGUTATION OF THIS JURISDICTION. THE REVIEW OF THE SUBMITTED PLANS AND SPECIFICATIONS AND INSPECTIONS CONDUCTED THEREAFTER DOES NOT CONSTITUTE AN ACCEPTANCE OF ATN" RESPONSIBILITIES 011 LIABILITIES BY GARFIELD COUNTY FOR ERRORS, OMISSIONS OR DISCREPANCIES. TILL RESPONSIBILITY FOR THESE ITEMS AND ArPLEI4ENTATIOI r t0 CONSTRUCTION RESTS SPECIFICALLY %VIT ! THE ARCHITECT, DESIGNER BUILDER AND OWNER COMMENTS ARE INTENDED TO BE CONSERVATIVE AND fN SL'PPOR ( : OWNERS INTEREST. Cau..,.2003 1ITEREBY ACKNOWLEDGE THAT IHAVE READ AND UNDERSTAND THE AGREEMENT ABOVE. ( 1h Lj IAI.J Gary Kelly Grass Mesa Subdivision, Lot 55A and 55B Garfield County Parcel # 2403-033-00-044 Representative Letter Gary Kelly designating Paige Haderlie of Fleisher Real Estate as representative February 1, 2016 Gary Kelly 4371 Grass Mesa Road Rifle, CO 81650 Parcel #i 2403-033-00-044 Lot 55, Grass Mesa Subdivision To Whom It May Concern: For the purpose of the minor subdivision of Lot 55, Grass Mesa Subdivision, I delegate Paige Haderlie of Fleisher Real Estate as my representative. Signed ,c/t,(-. 'Rais Gary Kelly Grass Mesa Subdivision, Lot 55A and 55B Garfield County Parcel # 2403-033-00-044 Property Owner's within 200 ft of Lot 55, Grass Mesa Ranch Rifle, CO Provided by Garfield County Assessor Office Mineral Owner Verification for Lot 55, Grass Mesa Ranch Rifle, CO Provided by Encana Oil and Gas (USA), Inc. and Barbara L. Clifton, Esq. Garfield County Garfield County Land Explorer Garfield County, Colorado Garfield County Land Explorer 1 Inch = 1,646 feet 1 inch = 0.31 mites Printed by Web User 0-2 0.4 0.8 Mies MENIE- ;aaa� Garfield County Colorado Garfield Covnty www.garfleld-county.com Colorado Disclaimer stitlr a sampralbn orrecords as they appear In the Garfield Co Only Offisel afltitInj the area sin eNn. This drawing It to be used only roe sire re ncepvposte and tM eornty k not respon side for any Inaccuracies hereon contained. © Copyright Garfield County, Colorado 1 AIIRIghts Reserved Printed: 4/27/2016 at 1:37:24 PM Garfield County Land Explorer Parcel Physical Address Owner Account Num Mailing Address 290303200049 4315 GRASS MESA RD RIFLE 240303300040 RIFLE 240303300044 4361 GRASS MESA RD RIFLE 240303400951 RIFLE 240304100041 4300 GRASS MESA RD RIFLE DENNEY, ROBERT K & TERI L ENCANA OIL & GAS (USA) INC KELLY, GARY L & STOKVIS, BONNIE L BUREAU OF LAND MANAGEMENT WEST, MICHELLE A & CLAY J R247215 8247197 8247201 R222036 8247198 4315 GRASS MESA ROAD RIFLE CO 81650 PO BOX 330 GAINESVILLE TX 76241 4371 GRASS MESA ROAD RIFLE CO 81650 2300 RIVER FRONTAGE ROAD SILT CO 81652 4300 GRASS MESA ROAD RIFLE CO 81650 Gary Kelly Grass Mesa Subdivision, Lot 55A and 55B Garfield County Parcel # 2403-033-00-044 Mineral Owner Verification for Lot 55, Grass Mesa Ranch Rifle, CO Provided by Encana Oil and Gas(USA), Inc. and Barbara L. Clifton, Esq. encana March 17, 2015 Gary Kelly 4361 Grass Mesa Road Rifle, CO 81650 Re: T7S R93W Sec 3 N2SW Garfield County Parcel ##240303300044 Hunter Mesa Unit Dear Mr. Kelly, We send this letter in response to your request for the owner of the minerals underlying the above referenced property. According to our records we show the record title owner of 100% of the minerals in the referenced tract as Grass Mesa Ranch, a Colorado Joint Venture. If you have any questions or arc in need of further information, please feel free to call me at 720-876- 3886. Sincerely, Encana Oil c G s A) Inc. Cheri( reiwald Division Order Analyst South Piceance Enclosures Encana Oil & Gas (USA) Inc. Republic Plaza 370 — 17", Street Suite 1 700 Deriver CO 30202 USA 303.623.2300 encana.corn Barbara L. Clifton, Esq. 127 E. 5th Street Rifle, CO 81650 970-625-2410 bcliftonpc rr,valtoo.co,n July 8, 2016 Gary Kelly 4361 Grass Mesa Road Rifle, CO 81650 RE: Lot 55, Grass Mesa Ranch County of Garfield State of Colorado Dear Gary: 1 examined title to the interest in and to all oil and gas and other minerals underlying the above -referenced parcel as reflected in recorded documents in the Garfield County Clerk and Recorder's Office. The effective date of this examination is July 7, 2016 As appears ,from the recorded documents in the Garfield County Clerk and Recorder's Office, title to the interest in and to all oil and gas and other minerals underlying the above -referenced parcel is vested in Grass Mesa Ranch, a Colorado Joint Venture, P.O. Box 1089, Aspen, CO 81612 by virtue of a reservation in the Deed recorded August 30, 1983 in Book 634 at Page 348 as Reception No. 345189. No further recorded documents affect the ownership. The recorded documents also demonstrate that the severed oil and gas and other mineral interest is part of the Hunter Mesa Unit and is leased by EnCana Oil & Gas (USA) Inc., 370 17"' Street, Suite 1700, Denver, CO 80202. Sincere Please let me know if you need any further information on this Barbara L. Clift n- Gary Kelly Grass Mesa Subdivision, Lot 55A and 55B Garfield County Parcel # 2403-033-00-044 Site Plan and supporting documents Arial map Grass Mesa Subdivision Plat maps Preliminary plat for Lot 55A and Lot 55B 1•31ti1(r i;s�,l;sd 1Zd Goggle earth feet km 1 4000 A C'4( aSI) 12 11 10 9 6 7 T .101, ANNAII N N treted loorOe'l 7,...,7...7 ID DOIDNA,11, 9.04 .14, 21,11) 2.1 16CIAD KAM, 1.3 14 1...et DELNI-je4 .1141‘, i " .." ,4-P,.--,?,—;,, - '''''',', ir, ,,,,e...= ---,..!,._,,,,A__....., .\--... -ro,"%t.—.,-,.. .11.,,,._,..... 15 16 6A 17 18 26 27 78 haro.rarprrancw.- - 29 7 9 ; 6. 5 4 25 30 2 1 A 0,170—N1DNANA:1°- -EL AA' el,DaiLAI: •4 .a74 37 36 35 34A eDDID VAN' old 34 DAN PnWE'fr. ,D__OC3fOr d noleerlY/ Pito PAID eed,',A GRASS MESA HOMEOWNERS ASSOCIATION ROAD PLAT SECTIONS II f.22.27.Z0.33 0 14 OF TONASHIE 1 SOUTH, RANCE 03 NEST SETNONS 3,4 0 3 OF 7007317111 7 SOUTIE NANCE 03 0707 COUNTY OF CARFIELO, STATE CF COLOJUOO f..14.94_44:LP-1=11=11:= . q1161.&45L-6.1.4.1 ,e.44111„2.6.2,..,.._. 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PC'D, Pri AND MG. 011, 70130513{ /0110N 3044U0100,. 0(0 NC 0113(0 00,4 5,901 70(14310 5,1413Z 0&lm 5)41,0 00544710100 MO 11. 70100 ROAD LASDNIGI LIND5 g.po 07407110 :MALE IN FEET I Ade A900 MA CLN571;ZUGTIOSI 91.107Y7,13,. 001: ZILT, O8165: 910-316-5153 DRA, DT; DAI CHECKED PA DIDD 0447 09/04/05 IDAGGD.C.D.SA/CODASik.A eledd ll .;,,, -GU tn.1 0,170—N1DNANA:1°- -EL AA' el,DaiLAI: •4 .a74 37 36 35 34A eDDID VAN' old 34 DAN PnWE'fr. ,D__OC3fOr d noleerlY/ Pito PAID eed,',A GRASS MESA HOMEOWNERS ASSOCIATION ROAD PLAT SECTIONS II f.22.27.Z0.33 0 14 OF TONASHIE 1 SOUTH, RANCE 03 NEST SETNONS 3,4 0 3 OF 7007317111 7 SOUTIE NANCE 03 0707 COUNTY OF CARFIELO, STATE CF COLOJUOO f..14.94_44:LP-1=11=11:= . q1161.&45L-6.1.4.1 ,e.44111„2.6.2,..,.._. L04.64; 14,4 bffni2 =7. — NA 000nnen nee enmeme wen 'mewl veen mop 31, NA, on oern ma ono ',toe Nolo,. FO7:.1.:IFDraerr4•1:'"::7•7";/''!PC4461.41:.7"e727ar".7:3:3o741'.1.7'1:71.4=‘:711::''' 'a 14 1 t oTe "o7 Zpont!'lgr=ron:= DA,,Lo. IA' Dan Um 01.A INveelN" , ADA CA ILA• ed N"....leranAl Ztrgefli'll IN A LANE neoed-ltdeoe'd lenn no Es ,E51e erml Deeine eL Elon NororAe in'eoNI 1:7,1 .4.1.•=7 =dr: jIZTZ5:::t iiiIS:1;:i117:16:27117:::4151k 711.: "LIZ 1:1'11= 161==. kTgr, ":" IVLZ.,t,..0:1W7.1=Yrj 7r. 71: 7.17:41=1:1Z1:7:Mil' /..•d,11.11 daeo en (moor , A p.A. n, peo. NNI, *No. AN Omen,. roe. MO -del Nn ol reeerolml =Awn., ern Ne1137.3 rod• AP, 1E4 1Ne pal neemmln e ANA ed No montane el I, airmen mod ',ANN, denkled Nene NAWIA, 0,0!. ••,..04 4d00 7FCEiL7). R. PC'D, Pri AND MG. 011, 70130513{ /0110N 3044U0100,. 0(0 NC 0113(0 00,4 5,901 70(14310 5,1413Z 0&lm 5)41,0 00544710100 MO 11. 70100 ROAD LASDNIGI LIND5 g.po 07407110 :MALE IN FEET I Ade A900 MA CLN571;ZUGTIOSI 91.107Y7,13,. 001: ZILT, O8165: 910-316-5153 DRA, DT; DAI CHECKED PA DIDD 0447 09/04/05 IDAGGD.C.D.SA/CODASik.A cPg sCs°7C6r) SPIT. 3.403. 21 S} }95iR^4]w I:AR9]w PvqV.11031.1.2Z. eg3Aeu iPCPARaWWtw �RaauRAc [MC MOnOx 31.1 } .4 a� 50 49 r • Tt0 59 6 10 4 GRASS MESA HOMEOWNERS ASSOCIATION ROAD PLAT SECTIONS 21.22.-T.2 .73 R 34' OF 703NS13IP C SOL1711. FANCS 33 WEST SECTIONS 3,4 A. 9 OF TOWNSHIP 7 SOUTN, 1WNCE 93 WEST MINTY 01. 0 331333. STAT.1 Op 10303430 �i�Ya y��eu /� I4'Rp]wR�iRr�i� 4 I_ '5 � A- taimin.-,."iad.ou,�w 43••• Mom �a new v.,. li.w..,. *nor Sy, •••••A Wrr,.0 ewr.,e r.. ane• a• •me,r.Mpm e,ww. 144 *a ors ar pm mom minivan in. Eamon anis ninrion.• Y.* immf Ewa ...rm. 4333 v. 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O~1 !• Vi 1 .1 17 r, :I a MOL 5elaI mr<b pi a{} NufI� rn i mp F �t r u 1I; 1 3.11( N5 11" 1 -3{M►cram 4A rant 40D AD • V4 iletpo0oUAtmmn , oF ) - mi m m r J .Cs intm62 x-nimcdm"v° R 1 r Ir 0);;if.'� Lr r s°q • 0• Mrlx 1 4° m 0 E 1 o f u• a -, -, W i i i P r 1 • r 1.' It1 3 i . N N OTh Y 21w� ,-= N mm mp._ - OEMM .0 ma- mom. '1 E:ff sm... m-- mm -cmimm lcOi"Z9"W ‘Z2.04.1 i322,04.1N t327•a' 1327.C7c�� mot• a�'zi'w C O moi~ Nom` �m� WP. -- Akmom room MW - mm spm Z =- �g m kTi N iVOCJ.'�3l5o o n r• •. t • nsa f 610 '�^4pp o 0 i7= • 125.41' oixri 5 co °c9`B I a 4 ta0 ca 0 Y ✓ . VA a 'r It• s R r-;'1. a N ty m Q ou ▪ n 0 n r 0 z 0 d ff IA Ak i A ( n PRELIMINARY PLAT KELLY SUBDIVISION A PARCEL EEING THE N2/3N1/2SW1/4 OF SECTION 3, TOWNSHIP 7 SOUTH, RANGE 93 WEST OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO ,I 111.1..... 11 mor r s,w,.tmxn ,crrnrsr,,. taxxort JD 1 CI In a1r.'n Brim wait if no nyv erj,11F. M '"iI^Ii iI�v�v�r rynin ri.i�I �.N nui�n�.� w n1.n _ Lo.yt{.1 • 411T1.1111tr to" 611 .rorrela owLiwal nix re Tow wan LAND 1,11:TAII1.1, vl'A.I I' t,Nl1 1. .hfwllr1 x�qx .,ag ,v1�v ?V61ECT PROPERTY VICINITY MAP =+- N GRAPHIC SCALE {m11m3 j+ TrItATr nr nn<,v', 0151110.1.1161.. TAN ..1...�w -Mr KN. roLo Nin1.4 11 /14.1111.4 NY. odl.ond 41711.1-11,11•1111,11M 011111141RAGEFAC11.111, I LlikWillel 1111.41.1.N1101,...41/10 1111..0.01. 4.11-11.1.1J • .umr.K♦„, txnv law rvm wM rwwwrau ix.�wxwl _ nw,,w.rr T.r ^r,,rtr.-1 .11,11111_1k11.1. PEAK , Surveying. Inc. A ItiYNI. ,yu OANY L ,:FL.Y 4Nil'll1.U<fN/MY, <OLONADO I1NAL PLAT O.RASS M A RANCH LUT SS 430 GRASS MP,SA ROAD lompeo rw_ I OF Gary Kelly Grass Mesa Subdivision, Lot 55A and 55B Garfield County Parcel # 2403-033-00-044 Colorado Geological Survey Submittal Form for Land Use Reviews Provided by Garfield County Copy of payment to Geological Survey COLORADO GEOLOGICAL SURVEY SUBMITTAL FORM FOR LAND -USE REVIEWS • County Pk a Date 61/0//a0 Project Name !i tqC 11'JI 40 £W LL 5, APPLICANT (or Applicant's Authorized Representative responsible for paying CGS -review fee) Name`` Ci rG Addre' s r// ,c f /nom iPcia c/ 1CIP `!aI a d o rl f" 6 i Ph. No. 9'7017-ci JLLrP Fax No. /7.-.(P / 3 t14;412.or r14 /4 Secttou(s) 3 Township % S Range "1.3 Dec Lat— Dec Long FEE SCHEDULE (effective June 1, 2009) Reviews for Counties Small Subdivision (> 3 -dwellings and <1-00 acres) $950 Large Subdivision (> 100 acres and < 500 acres) ....... , .. $1,550 Very Large Subdivision (500 acres or more) $2,500 Very small residential subdivisions (4-3 dwellings and < 100 acres) $800 Reviews for Municipalities ..... At hourty rate of reviewer Special Reviews At hourty rate of reviewer School Site Reviews $855 CGS LAND USE REVIEWS Geological studies are required by Colorado counties for all subdivisions of unincorpo- rated land into parcels of less than 35 acres, under State statute C.R.S. 30-28436 (1) (1) (Senate 1311135, 1972). Some Colorado municipalities require geological studies for sub- division of incorporated land. In addition, local governments are empowered to regu- late development activities in hazardous or mineral -resource areas under C.R.S. 24-65.1- 101 et seq. (House Bill 1041, 1974) and C.R.S. 34-1-301 et seq. (House Bill 1529, 1973), respectively. Local -government agencies submit proposed subdivision applications and supporting technical reports to the Colorado Geological Survey "...for evaluation of those geologic factors which would have significant impact on the proposed use of the land," in accor- dance with State statutes. The CGS reviews the submitted documents and serves as a technical advisor to local -government planning agencies during the planning process. Since 1984, the CGS has been required by law to recover the full direct cost of perform- ing such reviews. The adequate knowledge of a site's geology is essential for any development project. It is needed at the start of the project in order to plan, design, and construct a safe devel- opment. Proper planning for geological conditions can help developers and future owners/users reduce unnecessary maintenance and/or repair costs. Colorado Geo1ogkzt Survey • 1500 IFnots Street, Golden, CO 80401 • Ph: 303-384-2655 • Erna CGS 4.URamines.edu • ColoredGGeotogleelSurvey.org created 3116/98, revised 11!2112043 GARY L KELLY 4371 GRASS MESA RD RIFLE, CO B1650-8471 Pay to the Qrder of ' 23.711020.1152 7003002031 Date ©0 �rr$ ,,9 5 0 WELLS FA3tGO Wes Fa<go Berk NA Ceorzda Ue47fargacam 1: M0 20000 761g 700 300 20 3 iii° 0 5 L h0 Frequently Asked Questions and Answers Regarding the CGS Land Use Review Process 1 1VIty ant T required to have a CGS review when 1 already hired and paid for illy own consultant? In 1972, Senate Bill 35 was passed stating that any person or entity subdividing a property Into parcels of 35 acres or less on unincorporated land must submit geologic or geotechtnical reports to the County as part of the preliminary plat application process. Municipalities or public agencies may request that CGS review a site, although these reviews axe not governed by the statute. 2 Why is a CGS review necessary when I already hired my own geologist? The CGS review is an independent third -party review that is done for the County, similar to the service a building inspector provides for construction review. The purpose of the CGS review is to ensure that all geologic concerns -have been adequately idmitif neck andaddressed in the geologic reports and that the proposed development is feasible. 3 Wiry does CGS charge for land use reviews? Doesn't taxpayer money pay for this service? CGS /and use reviews aro not subsidized through the general fund, although some other review agencies are supported by taxpayer money. In 1984 the state legislature decided that CGS reviews should be paid for with fees paid by the applicant of the proposed development so that taxpayers are not viewed as subsidizing development. 4 Did the CGSgeologtst crake a field visit to the site? A CGS geologist visits each site being reviewed. If the review is a re -submittal for a site that has been visited previously, a second site visit may not be necessary. if significant changes have occurred since the initial review, the site may be visited again. 5 Why is the CGS review letter so short and simple?What is my fee paying for? The CGS letter Is a review of the geologic material submitted and reflects the level of detailcontained in those documents. CGS does not offer designs, but rather ensures that the work that has been done Is meaningful and adequate for the site conditions and proposed development. A site review that adequately addresses all the geologic conditions present at the site may be a short confiimatian letter. If more work needs to be done or if difficult site conditions are present, the letter may be longer. 6 What type ofinformation dolimed tosubmit toCGS for aland use review? The more geologic information that is submitted to CGS, the easier it is for CGS to evaluate the property. The required documents may vary based on county requirements and the potential problems that may impact the proposed development. A topographic map is essential. Also, information regarding slope, surficial materials, subsurface materials and bedrock, presence of groundwater and depth, and specific geologic hazards should be included, where applicable. Grading plans, drainage plans, and geotechnical testing results are also very helpful for the review. The presence of -geologic hazards should be evaluated with respect to the development plan. Also, the effect of development on geologic conditions should be discussed. The evaluation should include alternatives such as avoidance and mitigation techniques. 7 The subdivision down the road was approved, why wasn't mire? There could be several reasons: geologic conditions can change aver short distances; subdivisions made prior to 1972 were not required to undergo a CGS review and may have not been evaluated far geologic suitability at all; the area down the road may be incorporated as part of a municipality, which exempts it from the CGS review process. Another consideration is that geologic reviews are continually evolving and site conditions that have been judged acceptable in the past may no longer be considered as such, based on the current understanding of the geologic processes and adverse impacts associated with them. $ Why are CGS reviews required even on lora-density properties? Senate Bill 35 pertains to subdivisions of less than 33 acres. Geologic hazards can occur on large -scales or small -seal es; relying on low-density subdivision can not mitigate all geologic hazards. For instance, entire hillsides might be prone to rockfall or landslide hazards. Large tracts of land may be subject to groundwater- problems. 9 Why can't I just use the soil conservation maps for a geologic report? The USDA soil conservation snaps are a good start for geologic investigations, but do no tcontain sufficient detail on the possible geologic problems that may occur at any site. 10 Aren't some of your review comments Beyond the scope of geologic hazards on toy site? Technically other agencies have regulatory authority regarding issues such as flood plains, groundwater availability and wildfire, but these issues are also important factors in the overall geologic context of the site and may affect geologic hazards on the site. The mention of a condition in the CGS review letter is not intended to influence the statutory authority of any other agency, but rather to ensure that all -parties are aware of a potentially problematic geologic condition. For instance, mention of a situation involving a major drainage is a flag that the U.S. Army Corps of tngineers or the Colorado Water Conservation Board should be reviewing development plans. 11 Men bought this property, no one told me about any geologic hazards on the site; cau Igo back to the previous owners somehow? CGS can not give legal advice. if the seller was aware of adverse conditions with respect to the proposed use, this should have been disclosed. A legal opinion should be sought. 12 Can Iget a waiver front having the CGS do a review? The discretion to grant waivers is vested by law with the counties. Once an application for review is submitted to CGS, we are under a statutory responsibility to respond. 13 I nm willing to accept the risk associated with my property — wliy is it anyone's business what 1 do with my own land? The presumption associated with a subdivision is that portions of the property will be sold to others. This then assigns any risk to future buyers, and the county is required to protect their interes ts. Senate Bili 33 addresses a wide variety of land use issues as well as geologic suitability in an attempt to provide information so that the overall appropriateness of the subdivision proposal can be evaluated. 1 Gary Kelly Grass Mesa Subdivision, Lot 55A and 55B Garfield County Parcel # 2403-033-00-044 Declaration of Easements, Covenants, Restrictions for Grass Mesa Ranch Rifle, CO Declaration of Private Driveway and Utility Easement and Maintenance Obligation Draft 489419 B--968 P-192 02/26/96 01:55P PG 1 OF 2 MIL DRED AL DORF GARFIELD COUNTY CLERK AND RECORDER 11.00 REC DOC AMENDMENT to Declaration of Easements, Covenants and Restrictions For Grass Mesa Ranch The undersigned, being owners of lots and members of the Grass Mesa Homeowner's Association, a Colorado non-profit corporation, constituting more than seventy-five percent (75%) of the members of said Association, hereby amend the Declaration of Easements, Covenants and Restrictions For Grass Mesa Ranch dated June 7, 1 983 and recorded in Book 628 at page 503 in the records of Garfield County, as provided in Article VIII, paragraph 2 of said Declaration. Article ID, Section 1 of the Declaration is amended by the addition of the following: Notwithstanding any other provision of this Declaration, the Association may not levy any annual or special assessment upon lots owned by the Declarant which is not also levied upon all other lots within the properties, nor may the Association impose terms of payment for assessments levied upon lots owned by Declarant which are different from the terms of payment for assessments levied upon all other lots within the properties. Article V, Section 1(a) of the Declaration is deleted and replaced by the following: For access roadways, bridle paths and installation and maintenance of pipelines, an easement sixty (60) feet in width, being thirty (30) feet on either side of the centerline of any roadway constructed by Declarant or its designee and also thirty (30) feet on either side of any boundary line between two lots. In witness whereof, the undersigned have executed this Amendment on the 23rd day of February, 1996. GRASS MESA, LTD. By: Richard E. Rudolph, Presiden GRASS MESA JOINT VENTURE GRASS MESA RANCH, a Colorado joint venture By: epovK 649 56v1.ri4.;, fr C S/z30 eita 4k) Richard E. Rudolph, Vointurer 489419 B-968 P-183 02/26/96 01:55P PG 2 OF 2 STATE OF ARIZONA j i ss. County of Maricopa 1 The foregoing instrument was acknowledged before me this 23rd day of February, 1.96, by Richard E. Rudolph as President of Grass Mesa Ltd., a Colorado corporation. .,-'"';;••.-. Witness my hand and official seal. •q;"- ,` \ 1' • r•. Notary Public \! 4 - y ▪ 1.-- ' ;' •,.,,iuT 'v commission expires: My Commission EvnTrpa Oct.19,1996 STATE OF ARIZONA 1 } ss. County of Maricopa } The foregoing instrument was acknowledged before me this 23rd day of February, 1996, by Richard E. Rudolph as s joint venturer of Grass Mesa Ranch, a Colorado joint venture, also known as Grass Mesa Joint Venture, a Colorado venture. Witness my hand and official seal. ± s a { 4 • f! i+'oomrnission expires: Notary Public p n..rnMt efnn c'crorns 0ct.10 ' . 485187 B-958 P-68 11/07/95 03:02P PG 1 OF 4 REC DOC NOT MILDRED ALSDORF GARFZFr n COUNTY CLERK AND RECORDER 21.00 AMENDMENT to DECLARATION OF EASEMENTS, RESTRICTIONS AND COVENANTS FOR GRASS MESA RANCH The undersigned, being owners of lots and members of the Grass Mesa Homeowners Association, a Colorado non-profit corporation, and constituting more than seventy-five percent (75%) of the members of the Association, hereby amend the Declaration of Easements, Covenants and Restrictions for Grass Mesa Ranch dated June 7, 1983, and recorded in Book 628 at page 503 in the records of Garfield County ("Declaration"), as amended, in particular by the First Amendment to the Declaration, recorded in Book 924 at page 292 , Reception No. 471633, in the records of Garfield County. This Amendment is made pursuant to Article VIII, paragraph 2, of the Declaration. Exhibit A of the Declaration, which describes the Property covered by the Declaration and included in the Grass Mesa Homeowners Association, is amended effective with the recording of this document to include the property described in Exhibit 1 attached hereto, constituting 20 lots, with each lot owner granted all rights, privileges, interests, liabilities, and responsibilities of ownership as set forth in the Declaration. Grass Mesa, Ltd., a Colorado corporation By: cda treJ eigki Richard E. Rudolph, President Grass Mesa Joint Venture Grass Mesa Ranch, a Colorado joint venture By: Z --A , Richard E. Rudolph, Venture 485187 13-958 P-69 11/07/95 03:02P PG 2 41? 4 STATE OF ARIZONA COUNTY OF Mai eoPA ) ss. The foregoing was acknowledged to before me this day of August, 1996, by Richard E. Rudolph as President of Grass Mesa, Ltd.; a Colorado corporation. Witness my hand and official seal. ..,., „ My Commission expires: u Commission expires 0 1.19,1996 1 STATE OF ARIZONA COUNTY OF /7-1144/40,411A Notary Public ) ss. ) The foregoing was acknowledged to before me this 2/ day of August, 1995, by Richard E. Rudolph as joint venturer of Grass Mesa Ranch, a Colorado joint venture, also known as Grass Mesa Joint Venture, a Colorado joint venture. Witness my hand and official seal. :.: . .My Commission expires: My Commission Expires 001.19,1996 "': SAL). . Notary Public 2 485187 B-958 P-70 11/07/95 03:02P PG 3 OF 4 EXHIBIT 1 Legal Description a. Property described as Lot 4, Grass Mesa Ranch, containing 39.95 acres and described as SW 1/4 of the NW 1/4 of Section 27, Township 6 South, Range 93 West. b. Property described as Lot 5, Grass Mesa Ranch, containing 39.95 acres and described as NW 1/4 of the NW 1/4 of Section 27, Township 6 South, Range 93 West. c> Property described as Lot 6, Grass Mesa Ranch, containing 39.87 acres and described as SW 1/4 of the SW 1/4 of Section 22, Township 6 South, Range 93 West. d. Property described as Lot 6-A, Grass Mesa Ranch, containing 39.45 acres and described as SE'/ of the SE 14 of Section 21, Township 6 South, Range 93 West. e. Property described as Lot 8, Grass Mesa Ranch, containing 39.30 acres and described as West % of the SE'/ of the NE % and the West'! of the NE's of the SE % of Section 21, Township 6 South, Range 93 West. f. Property described as Lot 9, Grass Mesa Ranch, containing 39.30 acres and described as the East 1/2 of the SW 1/4 of the NE 1/4 and the East 1/2 of the NE'/ of the SE 1/4 of Section 21, Township 6 South, Range 93 West. g. Property described as Lot 10, Grass Mesa Ranch, containing 39.30 acres and described as the West'/ of the SW %4 of the NE '/4 and the West'/2 of the NW1/4 of the SE'/ of Section 21, Township 6 South, Range 93 West. h. Property described as Lot 11, Grass Mesa Ranch, containing 39.45 acres and described as the NE'/ of the SW 1/4 of Section 21, Township 6 South, Range 93 West. I. Property described as Lot 12, Grass Mesa Ranch, containing 39.45 acres and described as the NW 14 of the SW'/ of Section 21, Township 6 South, Range 93 West. J. Property described as Lot 13, Grass Mesa Ranch, containing 39.45 acres and described as the SW 14 of the SW 1/4 of Section 21, Township 6 South, Range 93 West. k. Property described as Lot 14, Grass Mesa Ranch, containing 39.45 acres and described as the SE %4 of the SW %4 of Section 21, Township 6 South, Range 93 West. 485187 B--958 P-71 11/07/95 03;02P PG 4 OF 4 1. Property described as Lot 15, Grass Mesa Ranch, containing 39.95 acres and described as the West 1/2 of the SW'/ of the SE 1/4 of Section 21 and the West l d of the NW 1/4 of the NE'/ of Section 28, Township 6 South, Range 93 West, r R x8 m. Property described as Lot 16, Grass Mesa Ranch, containing 39.95 acres and"(-; 2 described as the East % of the SW 1/4 of the SE 1/4 of Section 21 and the East'/ o€. the NW % of the NE 1/4 of Section 28, Township 6 South, Range 93 West. n. Property described as Lot 17, Grass Mesa Ranch, containing 40.25 acres and described as the NE 1/4 of the NE 1/4 of Section 28, Township 6 South, Range 93 West. a. Property described as Lot 18, Grass Mesa Ranch, containing 40.28 acres and described as the SE % of the NE 1/4 of Section 28, Township 6 South, Range 93 West. p• q. Property described as Lot 19, Grass Mesa Ranch, containing 40.12 acres and described as the North % of the NW 1/4 of the SW 1/4 of Section 27 and the North 1/2 of the NE'/ of the SE % of Section 28, Township 6 South, Range 93 West. Property described as Lot 20, Grass Mesa Ranch, containing 40.12 acres and described as the -South'/ of the NW'/ of the SW 1/4 of Section 27 and the South 1/2 of the NE'/ of the SE VS of Section 28, Township 6 South, Range 93 West. r. Property described as Lot 25, Grass Mesa Ranch, containing 40.12 acres and described as the SW'/ of the SW'/ of Section 27, Township 6 South, Range 93 West. s. Property described as Lot 26, Grass Mesa Ranch, containing 40.20 acres and described as the North'/ of the SE % of the SE % and the North 1/2 of the SW'/ of the SE % of Section 28, Township 6 South, Range 93 West. 1. Property described as Lot 27, Grass Mesa Ranch, containing 40.21 acres and described as the South' of the SE'/ of the SE'/ and the South 1/2 of the SW' of the SE % of Section 28, Township 6 South, Range 93 West. • 482601 B -95L P-883 09/01/95 01:52P PG 1 OF 2 REC DOC NOT MILDRED ALSDORF GARFIELD cowry CLERK AND RECORDER 11,00 •AMENDMENT to Declaration of Easements, Covenants and Restrictions For Grass Mesa Ranch KNOW ALL PERSONS by these presents that the undersigned, being owners of lots and membees of the Grass Mesa Homeowners Association, a Colorado non- profit corporation; constituting more than seventy-five percent (75%) .of the members of said Association, hereby amend the Declaration of Easements, Covenants and Restrictions For Grass Mesa Ranch dated June 7, 1983 and recorded in Book 628 at page 503 in the records of Garfield County, as provided in Article VIII, paragraph 2 of said Declaration. Article IV "USE RESTRICTIONS" Is amended effective with the recording of this document by the addition of the following language: 16. Oil and Gas Development. Becausethe Declarant will reserve to Declarant all mineral rights appurtenant to the Properties in any conveyance of Lots within Grass Mesa Ranch, notwithstanding any other provision of this Declaration to contrary, any activity performed for the purpose of or incidental to development of any mineral resources upon or below the surface of the Properties shall be deemed as a permitted use of the Properties pursuant to this Declaration, specifically including, without limitation, olI and gas exploration and extraction. The activities described In this paragraph 16, so long as they are conducted in a manner deemed reasonable within the industry, are specifically excluded from the prohibition of nuisance contained In this Declaration. Any person engaged in development of mineral resources upon, under, or adjacent to the Properties may be granted the use of easements within the Properties for the installation and maintenance of oil and gas pipelines. In witness whereof, the undersigned have executed this Amendment on the day of April, 1995. GRASS MESA, LTD. By: Richari E. Rudolph, President GRASS MESA JOINT VENTURE GRASS MESA RANCH, a Colorado joint venture By: Richard . Rudolph, Venturer 482601 B--951 P-884 09/01/95 01;52P PG 2 OF 2 STATE OF ARIZONA ) ss. COUNTY OF MARICOPA ) The foregoln instrument was acknowledged before me this day of , 1995, by Richard F. Rudolph as President of Grass esa, Ltd., a Colorado corporation. Witness my hand and official seal, .My Commission expires:?ulvr•.nmmissionFxl'+tms04.19,i996 .' () ,(E.A't ) NCUieat Notary Public_ • STATE OF ARIZONA ) )ss. COUNTY OF MARICOPA ) The forego) Instrument was acknowledged before me this day of - , 1995, by Richard R. Rudolph as a Joint venturer of Grass Mesa Ranch, a Colorado Joint venture, also known as Grass Mesa Joint Venture, a Colorado Joint venture. Witness my hand and afflcial seal. Gvnirne (SCf. lg_ c`'`47 My Commission expires: Notary Public RECORDED AT /',•„2h O'CLOCK P.M. DEC I T 1191 REC A 471633 MILDRED ALSOOIifr COUNTY CLERK GARFIELD GOIJUTY, COLORADO 8(ioKO924i, .292 FIRST A NIENDMENT'ro DECLARATION OF EASEMENTS, RESTRICTIONS AND COVENANTS FOR GRASS MESA RANCH. This first Amendment (*Amendment') entered into by the Grass Mesa Homeowners Association, a Colorado non-profit corporation (`Association") RECITATIONS A. Grass Mesa Ltd. and Grass Mesa Joint Venture as ("Declarants') submitted certain real property ("the Property") located in Garfield County, Colorado to the terms, conditions and covenants contained in that certain Declaration of Easements, Restrictions and Covenants for Grass Mesa Ranch, (`the Declaration") which Declaration was dated June 7, 1983 and recorded in Rook 628, Page 503 of the real estate records of Garfield County, Colorado. B. A question has arisen as to whether certain other real property owned by the Declarants, (the "Declarant's Property") and described on Exhibit "A" attached hereto and made a part hereof, was through inadvertence and or a scriveners error, included within the description of the Property which is subject to the terms, conditions and covenants contained in the Declaration. C. The Declaration provided that it can be amended by a srvenly-five per cent (75%) vote of members of the Association as that term is defined in the Declaration. On the 20th day of September, 1994, pursuant to a dually called and constituted meeting of the Association, a vote was taken and the Association was authorized through its president to execute titis Amendment. %YrrNESSETII 1. Recitations. All of the above recitations are true and correct. 2. Amendment to Declaration. The Declaration is hereby amended to delete the Declarant's Property from in any way being encumbered or affected by the Declaration. It being the intention of this provision that the Deciarant's Property is not and shall not be included within the real property encurnbered by the terms, conditions and covenants of the Declaration. fp, I/ccti- 1 snox0924F'c:293 3. Effect. Except as modified by this Amendment, the Declaration remains in full force and effect. By: STATE OF ARIZONA ) ) ss. COUNTY OF MARIPOSA ) Grass Ivfesa Homeowners Association, a Colorado non-profit corporation 0 Richard E. Rudolph, Presient Signed, subscribed, Sworn and acknowledged to before me this day of November, 1994 by Richard E. Rudolph as President of Grass Mesa Homeowners Association, a Colorado non- profit corporation. Witness my hand and official seal. F .. My commission expires: AtyCJommtssim Fxrr'ne+x t.19.149P - 110' • ... y V Its.•"'' errjk.0 Vpht1ttsr,d&c Notary Public .y, 1s oxO 24:u:294 EXHIBIT "A" FIRST AMENDMENT TO DECLARATION OF EASEMENTS, RESTRICTIONS AND COVENANTS FOR GRASS MESA RANCH: LEGAI..IJESCRIPTION (a) Property described as Lot 4, Grass Mesa Ranch, containing 39.95 acres and described as SW 114 of the NW 1/4 of Section 27, Township 6 South, Range 93 West. (b) Property described as Lot 5, Grass Mesa Ranch, containing 39.95 acres and described as NW 1/4 oftheNW 1/4 of Section 27, Township 6 South, Range 93 West. (c) Property described as Lot 6, Grass Mesa Ranch, containing 39.87 acres and described as SW 114 orthe SW 1/4 of Section 22, Township 6 South, Range 93 West. (d) Property described as Lot 6-A, Grass Mesa Ranch, containing 39.45 acres and described as SE 1/4 of the SE 1/4 of Section 21, Township 6 South, Range 93 West. (e) Property described as Lot 7, Grass Mesa Ranch, containing 39.30 acres and described as the East 1/2 of the SE Il4 of the NE 1/4 and the East I/2 of the NE 1/4 of the SE 114 of Section 21, Township 6 South, Range 93 West. (f) Property described ae Lot 8, Grass Mesa Ranch, containing 39.30 acres and described as the Blest I/2 of the SE 1/4 of the NE 1/4 and the West 1/2 of the NE 114 of the SE 1/4 of Section 21, Township 6 South, Range 93 West. (g) Property described as Lot 9, Grass Mesa Ranch, containing 39.30 acres and described as the East 1/2 of the SW 1/4 of the NE 114 and the East 1/2 of the NW 1/4 of the SE 1/4 of Section 21, Township 6 South, Range 93 West. \ 1. DA 924 ! -, 295 (h) Properly described as Lot 10, Grass Mesa Ranch, containing 39.30 acres and described as the West 1/2 of the SW 1/4 of the NE 1/4 and the West 1/2 of the NW 1/4 of the SE 1/4 of Section 21, Township 6 South, Range 93 West. (i) Property described as Lot 11, Grass Mesa Ranch, containing 39.45 acres and described as the NE 1/4 of the SW 1/4 of Section 21, Township 6 South, Range 93 West. (j) Property described as Lot 12, Grass Mesa Ranch, containing 39.45 acres and described as the NW 1/4 of the SW 1/4 of Section 21, Township 6 South, Range 93 West. (k) Property described as Lot 13, Grass Mesa Ranch, containing 39.45 acres and described as the SW 1/4 of the SW 1/4 of Section 21, Township 6 South, Range 93 West. (1) Property described as Lot 14, Grass Mesa Ranch, containing 39.45 acres and described as the SE 114 of the SW 1/4 of Section 21, Township 6 South, Range 93 West. (In) Property described as Lot 15, Grass Mesa Ranch, containing 39.95 acres and described as the West 1/2 Ville SW 1/4 (lithe SE 1/4 of Section 21 and the West 112 of the NW 1/4 of the NE 1/4 of Section 28, Township 6 South, Range 93 West. (n) Property described as Lot 16, Grass Mesa Ranch, containing 39.95 acres and described as the East 1/2 of the SW 1/4 of the SE 114 of Section 21 and the East 1/2 of the. NW 1/4 orate NE 1/4 of Section 28, Township 6 South, Range 93 West. (o) Properly described as Lot 17, Grass Mesa Ranch, containing 40.25 acres and described as the NE 1/4 of the NE 1/4 of 2 Section 28, Township 6 South, Range 93 West. (p) Property described as Lot 18, Grass Mesa Ranch, containing 40.28 acres and described as the SE 114 of the NE 114 of Section 28, Township 6 South, Range 93 West. (q) Property described as Lot 19, Grass Mesa Ranch, containing 40.12 acres and described as the North 1/2 attic NW 1/4 of the SW 1/4 of Section 27 and the North 1/2 of the NE 1/4 of the SE 1/4 of Section 28, Township 6 South, Range 93 West. (r) . Property described as Lot 20, Grass Mesa Ranch, containing 40.12 acres and described as the South 1/2 of the NW 1/4 of the SW 1/4 of Section 27 and the South 1/2 of the NE 1/4 of the SE 1/4 of Section 28, Township 6 South, Range 93 West. (s) Property described as Lot 25, Grass Mesa Ranch, containing 40.12 acres and described as the SW 114 of the SW 114 of Section 27, Township 6 South, Range 93 West. (t) Property described as Lot 26, Grass Mesa Ranch, containing 40.20 acres and described as the North 1/2 oflhe SE 114 of the SE 1/4 and the North 1/2 of the SW 1/4 of the SE 1/4 of Section 28, Township 6 South, Range 93 West. (u) Property described as Lot 27, Grass Mesa Ranch, containing 40,21 acres and described as the South 1/2 of the SE 1/4 of the SE 114 and the South 1/2 of the SW 1/4 of the SE 1/4 of Section 28, Township 6 South, Range 93 West. 3 Reco d t° o'clock bki JU. x983 Reception 1O, W=93 93 MILDRED ALSDORF1 RCORDER DECLARATION OF EASEMENTS`, RESTRICTIONS AND COVENANTS FOR GRASS MESA RANCH KNOW ALL MEN BY THESE PRESENTS: UOnK 628 1,4E503 WHEREAS, GRASS MESA LTD. AND GRASS MESA JOINT VENTURE, (hereinafter 'collectively referred to as the "Declarant") are the owners of that real property located in Garfield County, Colorado and described on Exhibit "A" attached hereto end incorporated herein by this reference; and WHEREAS, Declarant desires to sell and convey portions of said property in Lots of not less than thirty-five (35) acres each and desires that all of said real property be subject to easements, restrictions, covenants and conditions (hereinafter collectively referred to as "covenants") as hereinafter set forth. NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following covenants which are for the purpose of protecting the value and desirability of said property, and which shall run, with the land and be binding on all parties having any right, title or interest in said property or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each owner thereof, to -wit: ARTICLE I DEFINITIONS 1. Association: "Association" means the Grass Mesa Homeowners Association, a Colorado non-profit corporation, its successors and assigns. 2. Declaration: "Declaration" means this document and any and all amendments and supplements thereto, if any. 3. Lot. "Lot" means and refers to any parcel, tract or plot of land, however designated, located within the properties and designated by Declarant for separate fee simple ownership each of which contain thirty-five (35) acres or more. - 4. Owner: "Owner" means and refers to the record owner, whether one or more persons or entities, of fee simple title to any Lot which is a part of the Properties. 5. Properties: "Properties" means and refers to that certain real property hereinabove described. ARTICLE II ASSOCIATION MEMBERSHIP AND VOTING RIGHTS 1. Hembership:' Every owner of a Lot shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot and such membership shall be transferred automatically by the transfer (in whatsoever form) of such .Lot. No person or entity other than an owner may be a member of the Association. 2. Voting: The members of the Association shall have such voting rights in the election of Directors and on other matters requiring the vote of members an provided in the Articles of Incorporation and By --Laws of the Association. In the event any Lot is owned by two or more persons, whether by joint tenancy, tenancy in common or otherwise, the membership as to such Lot shall be joined, and .a single membership for such Lot shall be issued in the names of all owners, and they shall designate to the Association, in writing at the time of issuance, one person who shall hold the membership and have the power to vote said memberahip. In the BMX 62S ncE501 absence of such deaignation, the Board of Direetora of the Association may designate one of the owners as the voting member. Owners of more than one Lot shall have one membership in the Association for each Lot owned. 3. Duties and Resppnsibilities of the Asaociationt Declarant has caused the Association to be incorporated as a Colorado non-profit corporation. The Association shall have the folIowiug duties, rights and powers: (a) To promulgate and from time to time supplement and amend reasonable rules and regulations governing the use of the Association's roads, common easements and water rights, which rules and regulations shall be consistent with the rights and duties established in this Declaration. (b) To own and maintain certain water rights and the ditches and ditch rights appurtenant thereto. (c) To levy and make assessments, for expenses and liabilities which may be incurred by the Association in furtherance of its purposes under or by reason of this Declaration, its Articles of Incorporation or By -Laws. (d) To collect delinquent assessments by suit or otherwise and to enjoin or seek damages from the owners for violation of the covenants contained herein or the Rules and Regulations as promulgated hereunder. (e) To employ counsel, attorneys, and auditors in connection with legal matters of the Association and audit of its books and records, which audits shall be available to owners for inspection. (f) To exercise any right or privilege given it expressly by this declaration or by law, and every other right, privilege, and power reasonably to be implied from the existence of any right or privilege given it herein or by its Articles of Incor- poration or By -Laws or reasonably necessary to to effectuate its function and purposes. ARTICLE III ASSESSMENTS 1. Levy of Assessments. The Declarant, for each Lot owned within the properties, hereby covenants, and each owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association such annual and special assessments as the Association shall levy from time to time in accordance with its Articles of Incorporation and By -Laws. 2. Lien. Association assessments shall be a charge on the land and shall be a continuing lien upon the Lot against which each such assessment is made. Any such lien may be enforced by foreclosure commenced by action of the Association in like manner es a mortgage on real property. In any such foreclosure, the owner of the subject Lot shall be required to pay the costs and expenses of such proceeding, including reasonable attorney's fees. The Association shall also be vested with the right and power, in its own name, to take and prosecute all suits which may be necessary or advisable for the collection of delinquent assessments. ARTICLE IV USE RESTRICTIONS 1, Residential Use. No Lot shall be used'except for residential 2 em 628 6005 • purposes and only one detached, single family dwelling, not to exceed three stories in height shall be erected, altered, placed or permitted to remain on any Lot; provided that a private garage, private guest house, private stable or barn or other non-residential outbuildings map be-conatructed on a Lot. No part of the properties shall be occupied or used for any commercial or business purpose, except for a home occupation or profession conducted entirely within a building by the owners thereof, provided such use is clearly incidental and secondary to the use of said property for residential purposes. No display, stock in trade, signs or other external advertising of any such home occupation or profession shall be permitted. Any provision herein to the contrary notwithstanding, crops and other agricultural produce, produced on any Lot may be sold from such Lot. 2. Temporary Structure. No structure of a temporary nature such as a tent, travel trailer, garage, barn, or other outbuilding or basement shall be used upon any Lot as a residence, either temporarily or permanently; provided, however, a temporary structure shall he permitted on a Lot during construction of a permanent residence -thereon for a period not to exceed one year. Such temporary structures may otherwise be maintained for residential purposes on any Lot during non -construction periods for a period not to exceed sixty (60) days. 3. Mobile Homes. Mobile Homes may be placed and maintained upon any Lot for a period not to exceed two (2) years provided that any cuch mobile home is skirted and has received all required County and other governmental approvals. Any such mobile home may thereafter be maintained permanently on any Lot provided it is sided, has a pitched roof, is placed upon a permanent foundation and is approved by the Declarant or the Architectural Committee pursuant to paragraph 6 below. 4. Animals. Household pets, horses, cattle, sheep, goats, pigs, rabbits, poultry and other farm animals may be kept upon any Lot subject to the following limitations: (a) All such animals shall be properly maintained in pens, fences or ether appropriate enclosures or shall otherwise be under control at all times; and (b) No animals shall be permitted to create a nuisance or annoyance within the Properties; and (0) No animals shall be kept for feedlot or other similar commercial purposes, but may be kept for commercial breeding purposes; and (d) The farm animals kept on any Lot shall be of a number which will not deplete the natural vegetation or otherwise "overgraze" such Lot and it shall be presumed for this purpose that a total of ten (10) head of horses, cattle, sheep, pig, goats or other similar animals, or any combination thereof, shall be the maximum total number of such livestock permitted on any Lot. 5. Completion of Structures and Improvements. Construction or installation of any structure or improvement on any Lot shall proceed promptly and diligently upon commencement thereof. Failure to complete any structure or improvement within one (1) year after the date the same .is commenced shall constitute a violation -of this covenant which may be enforced by an affirmative injunction requiring the removal of the partially constructed or installed structure. Such one year time period may be extended under unusual circumstances in the discretion and with the written approval of the Declarant or the Architectural Committee, 6. Architectural Control. No building shall be placed, erected or altered on any Lot until the construction plans and specifications for such building, showing the location for the propoeed construction upon a Lot, have been approved by the Declarant or by such Architectural. Committee es may be appointed by the Declarant or by the Board of Directors of the Association. In the event the'Declarant or the 3 mug 628 noE506 Architectural Committee, as applicable, shall fail to approve or disapprove such plans and specifications within twenty (20) days after said plans and specifications have been submitted to it, approval will not be required and this covenant shall be deemed to have been fully complied with. The Declarant or the Architectural Committee shall exercise its best judgment to the end that all buildings or improvements constructed within the properties shall conform to minimum guidelines as established by the Declarant or. the Architectural Committee from time to time, for the purpose of preserving the values of the Lots within the Properties; provided, however, the approval required by this covenant shall not be unreasonably withheld. 7. Signs, No Lot shall have one or more signs erected, placed, permitted, or maintained thereon which sign or signs have a total combined size of more than ten (10) square feet; except that the. Declarant shall be permitted to use larger signs until all Lots within the properties are sold to the first owner thereof, other than Declarant. 8. Lot Maintenance. Each Lot shall be kept in a clean and sightly condition. No trash, litter, junk, or other wastes shall be permitted to remain exposed upon any Lot so that the same are visible from any neighboring Lot or any public road. 9. Prohibition of Nuisance. No noxious or offensive activity shall, be carried on within the Properties, nor shall anything be done thereon which may be or become' an annoyance or nuisance to the owners or occupants of any portion of the Properties. 10. Vehicles. Unlicensed"or inoperable vehicles shall not be stored or maintained on the premises for a period in excess of fifteen (15) days, unless such vehicle is stored in a garage or is otherwise screened from view from all other Lots and from all commonly used roadways within the Properties. 11. Laws and Regulations. Nothing shall be done on or in connection with any Lot which is in violation of any applicable federal state or local law, regulation, or ordinance, including, but not limited to, building and zoning regulations. 12. Fencing. Fencing of any Lot shall be the responsibility of the owner thereof, shall be constructed and maintained in good condition sufficient to assure confinment of any animals kept on such Lot and shall be in accordance with standards established by the Declarant or the Architectural Committee. 13. Firearms. The discharge of firearms within the Properties shall be condueted in a manner which does not constitute a nuisance or annoyance to the owner or occupant of any portion of the Properties, shall be at the sole risk of the person carrying on such activity, and such person .shall be absolutely liable for the eoneequences of such activity. 14. Setbacks. No building shall be constructed within twenty-five (25) feet of any Lot boundary line or established easement. 15. Subdivision. No Lot within the properties shall be subdivided into.smaller Lots until Declarant has sold and conveyed sixty (60) Lots, or until January 1, 2000, whichever shall first occur, whereupon any Lot may be subdivided upon obtaining all necessary County and other governmental approval of such subdivision provided that no resulting Lot shall be lesa than ten '00) acres in size. ARTICLE V EASEMENTS 1. Easements. Easements over and across the Lots are hereby reserved, as follows: (a) For roadway's, bridle paths and installation and maintenance of pipelines, an easement and right of way along and thirty 4 000K 6413 PIcE50 ' (30) feet on either side of the centerline of the common roadways as the same are established and in place; and (b) For installation and maintenance of utilities including, but not limited to, pipelines, an easement and right of way ten (10) feet in width along and inside of the perimeter boundary of each Lot; and (c) Por bridle patha as the same are reserved and established in the conveyance of certain Lots by the Declarant, 2. Bridle Paths. The side boundarys of the bridle path easements, as such easements are established by the Declarant, shall be fenced by the Lot owner adjoining such easement. Said bridle paths shall be maintained by the Association. ARTICLE VI EXCESS WATER PURCHASE In the event a water well constructed upon any Lot has a production of more than twelve (12) gallons per minute as reported on the pump installation report for such well, the Declarant shall have the option, within five (5) years following the completion of said .well, to purchase the right to use the production of said well in excess of twelve (12) gallons per minute for and in consideration of the payment of Three Thousand Dollars ($3,000.00) to the owner of said well. The option as herein provided must be exercised by the Declarant, in writing. during said five (5) year option period, which writing shall be accompanied by the Three Thousand Dollar ($3,000.00) purchase price for said excess water. Declarant, or Declarant'ss successors or assigns, shall for a period of ninety-nine (99) years following the exercise of said option, be entitled to the use of the water produced from such well in excess of twelve (12) gallons per minute. Declarant, or Declarant's successors or assigns, shall pay any and all expenses related to the installation and maintenance of pipelines, storage and other facilities related to the transportation, storage and use of said excess water by Declarant or Declarant's successors or assigns. Declarant shall be entitled to transfer the use of said excess water to the Association or to the owner of any other Lot. ARTICLE VII ENFORCEMENT The Association, through its Board of Directors, or any owner of any property within the Properties shall have the right to enforce, by any proeeeding at law or in equity, all covenants herein imposed. Failure by the Association or any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to enforce such covenant or restriction thereafter. In addition to any other remedies otherwise available, the Board of Directors of the Association, or its designated representatives, may, upon violation or breach of any covenant herein, enter upon any property where such violation or breach exists and may abate or remove the thing or condition causing the breach, and the costs incurred in connection therewith 'shall be billed to and paid by the owner or owners violating or breaching these covenants. If the violating owner or owners fail, after demand, to pay such costs, then such costa shall become a lien upon the property of such owner or owners for the amount due and not paid, pursuant to the provisions of the Articles and By -Laws of the Association. ARTICLE VIII MISCELLANEOUS 1. Severability. Each of the covenants herein contained shall be deemed independent and separate and the invalidation of any one shall not affect the validity and continuing effect of any other. 2. Amendment and Termination. Each and every provision of this Declaration ehai.l run with and bind the land for a term of twenty (20) 5 6001( 628 ta€50S years from the date of recording this Declaration and this Declaration shall thereafter be automatically extended for successive periods of ten (10) years each. This Declaration may be amended or revoked by an instrument approved, in writing, by not lesa than seventy --five (75Z) of the members of the Association. Such amendment or revocation shall be effective only when duly recorded in the records of Garfield County, Colorado. In witness whereof, the undersigned have hereafter affixed their signatures this L day of 1) U i} "c- , 1983. STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) GRASS MESA JOINT VENT BY:4 1 Venturer he foregoing instrument was �anoledge . befo me this l `'� .day:)7" of , 1983, by E. , as - ., 0n •\ = • Bf0jf 6g8 p c€•5O BM -1181T A (Atfached to Declaration of Easements, Restrictions and Covenants for Grass Mesa Ranch) Grass Mesa Ranch includes a total of seventy-seven (77) lots located in Garfield County, Colorado, and described as follows: Lot Acreage Description 1 40.01 NW {NE a of Sec 27 - T6S -*R93W lA 39.93 SWASEa of Sec 22 - P68 - R93W 2 39.87 SEASS4A of Sec 22 -T6S - R93W 2A 39.95 NEANWo of Sec 27 -- T6S - R93W 3 40.14 NWASE: of Sec 27 - T6S - R93W 3A 40.02 SWT4NEa of Sec 27 -- T6S - R93TR 4 39.•95 SWANWA of Sec 27 - T6S -- R93W 4A 39.95 SE;NW; of Sec 27 - TSS - R93W 5 39.95 NANWk of Sec 27 - T68 - R93W 6 - 39.87 • SV• SWA of Sec -22 -- T6S -- R93W 6A 39.45 SEASEA of Sec 21 -• T6S - R93W 7 39.30 EkSE;NE o and EhNE 4SE% of Sec .21 - T6S - R93W 8 39.30 W'SE qNEk and. W'NE SSE A of Sec 21 - T6S - R93W 9 39.30 E' SW7aNEA and EANWASEa of Sec 21 - T6S - R93W 10 39.30 WIISWANEa and WYNWASEA of Sec 21 - T6S - R93W 11 39.45 NEASW' of Sec 21 - T6S - R93W 12 39.45 NASA of Sec 21 -- T6S - R93W 13 39.45 SW-0SWA of Sec 21 - T6S - R93W 14 39.45• SEASWk of Sec 21 - T6S - R93W 15 39.95 WhSW;SE< of Sec 21 and ?r Nt ANEA of Sec 28 - T6S - R93W 16 39.95 EASW 4SEA of Sec 21 and E'EN€•7ANEA of Sec 28 - T6S - R93W 17 40.25 NEAt7E4 of Sec 28 - T6S - R93W 18 40.28 SEANE 4 of Sec 28 -- T6S -- R93W 19 40.12 NIINN SWA of Sec 27 and NIINEASE; of Sec 28 - T6S - R93W 20 40.12 S'N'r1ASV71/4 of Sec 27 and SA:3EASEq of Sec 28 - T6S - R93W 21 40.12 NEASWA of Sec 27 T6S - R93W 22 39.90 SW;SNA of Sec 26 - T6S - R93W 23 40.27 SE aSE a of Sec 27 -- T6S - R93W 24 40.12 SE gSWV a of sec 27 - T6S - R9319 25 40.12 St•IASWA of sec 27 - T6S - R93W 26 40.20 N1/2SEhSE4 and ;,13SWISEA of Sec 28 -- T6S - R93W 27 40.21 SASEW SEs and Sh,S',1 SEk of Sec 28 - T6S - R93W Lot' Acreage 28 40.25 29 40.25 30 40.23 31 40,23 32 40,30• 33 40.31 34 40.31 34A 40.23 35 40.23 36 40,25 37 40.25 38 39.93 39 40,20 39A 40,20 40 40.33 41 40,33 42 40,33 43 40.33 44 40.29 44A 40,29 45 40.20 46 40.20 47 39.93 48 62,03 49 40.49 50 51,52 51 40,59 52 46.08 53 46,08 54 48.79 55 53,25 56 39.15 57 40.69 • BOOR 628 PAGE5IO Description NDN 14NE4 and WINE{NE 4 of Sec 33 -- T6S - R93W S1/2NW1/4NE4 and S1/2NE4NE14 of Sec 33 T6S - R93W NV14NW4 of Sec 34 - T6S -- R93W NE4NW4 of Sec 34 - T6S - R93W NW1.1NEof Sec 34 - TGS - R93W NE4NE4 of Sec 34 - T65 - R93W S:44NE4 of Seo 34 - T6S - R93W SE NW4 of Sec 34 - T6S -- R93W SW4NJ4 of Sec 34 - T6S - R93W SE4NE4 of Sec 33 -- T6S - R93W SI4NE4 of Sec 33 - T6S - R93W DIE 4SW4 of Sec 33 - T65 - R93W -N.qF SE4 of Sec 33 - T6S - R93W NE4SE4 of Sec 33 -- T6S - R93W N'NE'SW' and N1/2NWcSE1/4 of Sec 34 -- T65 -- R93W SjNE4SW4 and S1/2NW4SE4 of Sec 34 - T6S - R93W N1/2SEaSW4 and N1/2SW4SE4 of Sec 34 -- T6S - 1193W S45E4SW4 and ShSW4SE4 of Sec 34 -- T68.- R93V1 - 5W45W4 of Sec 34 -- T6S - R93W N1aSW7 of Sec 34 -- T65 --R9347 SE 4SE4 of Sec 33,- T6S R93W SW4SE4 of Sec 33 - T6S R93W SE;SW4 of Sec 33 - T65 R93W Lot 2 and NLS 4StQ4 of Sec 4 - - T7S - R93W - S84SW4 of Sac 4 -- T7S - R93W W1 of Lot 1 and NASE4 of Sec 4 - T7S - R93W sWJ SE4 of Sec 4 - T7S -- R93W .Aa E1 of Lot 1 and W1/2E1/2SE4 of Sec• 4 -- T7S - R93W E'E' of Lot 1 and E1/2E4SE a of Sec 4 T7S -.R93W Lot 2 and •N1/3NISw4 of Sec 3 -- T7S - R93W S2/3N�15W4 of Sec 3 - T7S - R93W SW1/2S104 of Sec 3 - T7$ - R93W NANE4 of Sec 9 -- T75 - R93W 1 • Lot Acreage 58 40.42 59 40.42 60 39.74 61 39.75 62 39.20 63 38.86 64 37.81 65 38.30 66 38.90 66A 38.91 67 38.30 68 37.81 BOX s7,S PAC€511 Description NE4NW4 of Sec 9 - T7S - R93W SE4NW4 of Sec 9 - T7S - R93W NE4SW1/4 of Sec 9 - T7S - R93W SE%SW a of Sec 9 - T7S -. R93W SW;NW4 of Sec 16 -- T7S - R93W NW48A of Sec 16 -- T7S - R93W NE4SW4 of Sec 8 -.T7S - R93W SW -Mk of Sec 8 -- T78 , R93V? NE4SE4 of Sec 17 - T7S - R93W SE4SE4 of Sec -17 - T7S - R93W SW4NW4 of Sec 8 , T7S , R93W NW4SW 4 of Sec 8 T78 - R93W 10 9 7 , 12 _x:.inlm.xCa.Mn 6 T 1 sTyr�, II tI 41431 ., 10. .e¢vn ro cegx.eo.u¢ xarxuc lw Mo'oi 1 1 xnly I¢�aoo+crosro re I f 4 l{ i! 1A 4wyx u I1��xg04 Wi Au. YMnd I{' ee.,U0 +rho -'"+e nymTx{ maxYMIlte{r-1.-1Y'77-1e[„.% 4wyx u •w L..171.44**:. « '11" 41:M Au. L r. Mt.. .;a, .",1•r 34 30 37 36 35 r,omn NAL x3+3 toNO N�•I"^•s • 344 34 k.4^ 4i wiµ�i1�.�91'k•:wrY CRASS MESA HOMEOWNERS ASSOCIATION ROAD PLAT SECTIONS 21.2.3.27.40.33 A 34 OF TO;TNSHIP 0 303711, RANCE OO ;TEST SECTIONS 3,4 R 9 OP TOWNSHIP 7 SOUTH, RANEE 93 WEST COUNTY OF CARPIEL4 STATE OF 303013300 razzl( z rsaarIP.3',i CrRTTFRCATR. rkit64, iGA. AM $.21.00 RwAwA: ra.A 111AVYY0R'S rvwrwlCAro w R?:y rnninrim.+ IN. Yr en. Min.. 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OOI2 01. -TRIBE BLvO. 81I.T, GO 8165: TIO.Bi6.373 01.10n101 0'0 ORP 0010 00/06/0) 01306430 001 Gi0 000: ou.r.94^J/Gu03-1(35 h � Tt i7 i f_ 4 s-, gg yy €l i i 'AEI i! E S a a,- til' ?gL :1 4 51 I� [ 11!1. `2f� ! a� !i �Iag�e' is �� a !�{A if` S f!g P— II. eE 1 ii: � � i 3 ag4 �$, 'sem ;1:.: 1"f ?�p Ja s [it°,.441,&{ � IP!ii!Ili iT:ai ii g 1,11111111 ss aiI ;'f q i� bail i /! i s y{ 3 ! _� 3�4i E � =i o S II. s (' i 5F a Ili a� � c}Ep S��i��1I !� i83q� ;��� i��� i gg FS SS i } z ii a, x ° ��� ii ' S ss 1 3�f BE s�ii b=a� ".' Bill I 1 i-3; xq !if' ° � ;i3 w h :1111:1 a i alit A1;i s 0 — -15mriiT"''11 ` ) b3(05.;).5 � 6a DECLARATION OF PRIVATE DRIVEWAY AND UTILITY EASEMENT AND MAINTENANCE OBLIGATIONS This Declaration is made this day of , 2015, by Gary L. Kelly ("Declarant") whose address is 4361 Grass Mesa Road, Rifle, CO 81650, owner in fee of that real property described as Lot 55-A and Lot 55-B, Kelly Subdivision according to the Final Plat recorded contemporaneously herewith in the Office of the Clerk and Recorder, County of Garfield, State of Colorado. I RECITALS Declarant is the owner of two tracts of land known as Lot 55-A and Lot 55-B, Kelly Subdivision, Garfield County, Colorado, which is further described in the Final Plat of the Kelly Subdivision recorded contemporaneously herewith, and, by this Declaration, intends to grant and dedicate joint and common rights to the use of a private driveway and utility easement serving Lot 55-A and Lot 55-B, and impose on Lot 55-A and Lot 55-B, as covenants running with the Iand, the obligation to jointly maintain the easement. II DRIVEWAY EASEMENT SECTION 2.01 Declarant hereby grants and dedicates unto the owner of Lot 55-A and the owner of Lot 55-13, their successors and assigns, a non-exclusive 20 -foot private access driveway easement upon, over and across, those portions of Lot 55-A and Lot 55-B, designated as an access and utility easement on the Final Plat of Kelly Subdivision recorded contemporaneously herewith in the Office of the Garfield County Clerk and Recorder, for use by the owner of Lot 55-A and the owner of Lot 55-B, their successors, assigns, agents, employees, tenants, guests, invitees and emergency service providers, for private access driveway purposes ("the easement") subject to the terms, conditions and provisions hereinafter set forth. The driveway easement may not be used for the parking or storage of vehicles or equipment. SECTION 2.02 The term of the easement herein granted shall be perpetual. SECTION 2.03 The costs of repair, maintenance, clearing, trash removal, snow plowing, noxious weed mitigation and other expenses of upkeep and preservation of the easement shall be borne one-half by the owner of Lot 55-A and one-half by the owner of Lot 55-B, The easement will be kept in good condition with routine repairs, gravel, clearing, trash removal, noxious weed removal, and snow plowing conducted from time to time, as may be reasonably necessary. Neither party shall be allowed to erect or maintain a gate or gates along the easement. III ENFORCEMENT This Declaration and the terms, conditions and provisions hereof may be enforced by the owner of any of the Lots, their successors and assigns, and in the event legal proceedings are brought against any party for the purpose of such enforcement, the prevailing party shall recover from the non -prevailing party or parties all costs associated therewith, including, but not limited to, reasonable attorney's fees. The owner of each Lot agrees that, upon request of the other owner, he or she will certify from time to time to any person designated whether there are any breaches of this Declaration. If any party fails to respond to such a request within ten (10) days of the date of the request, any existing breach of this Declaration shall be deemed waived by the non -responding party. IV UTILITIES Declarant has granted on the Final Plat of Kelly Subdivision a perpetual, non- exclusive easement consistent with the driveway easement for the purpose of providing any necessary utility service to Lot 55-A and Lot 55-B and for the repair, maintenance, removal or replacement of such utilities. All instrumentalities, lines, or facilities placed in the easement shall be maintained in a safe condition by the respective utility company or governmental agency. No grantee of a utility easement under the Final Plat shall in the use, construction, reconstruction, operation, maintenance, or repair of any utility in any way unreasonably obstruct or delay the use of the driveway easement granted herein. VI SPECIAL USES Under no circumstances shall access be denied to or from the Lot 55-A and Lot 55-B over and across the easement for emergency vehicles, maintenance equipment, and government officials while on official business. The easement may not be used for the parking or storage of vehicles or equipment. 2 VII SUBSEQUENT OWNERS The easement granted herein is appurtenant to the respective Lot 55-A and Lot 55-13 of the Kelly Subdivision and such easement may not be transferred, assigned or conveyed apart or separately from the respective Lot which benefits from the easement. All provisions of this Declaration, including all benefits and burdens, shall run with the respective Lot 55-A and Lot 55-13 subject hereto and shall be binding upon and shall inure to the benefit of the heirs, assigns, successors and personal representatives of the Declarant, subject to the provisions hereof. IN WITNESS WHEREOF, the Declarant has executed this Declaration as of the day and year first above set forth. STATE OF COLORADO COUNTY OF GARFIELD Gary L. Kelly The foregoing instrument was aeknowledged before me on this day of , 2015, by Gary L. Kelly, Witness my hand and official seal. My commission expires: Notary Public 3 Gary Kelly Grass Mesa Subdivision, Lot 55A and 55B Garfield County Parcel # 2403-033-00-044 Title Commitment provided by Title Company of the Rockies Special Warranty Deed for Lot 55, Grass Mesa Ranch Rifle, CO TITLE COMPANY of the rookies 111 E. 3rd Street Floor 1, Suite 101 Rifle, CO 81650 Phone: 970-625-5426 Fax: 844-269-2759 www,titlecorockies.com Cornmitnient Ordered By: Other Inquiries should be directed to: Kari Arneson Title Company of the Rockies 111 E. 3rd Street Floor 1, Suite 101 Rifle, CO 81650 Phone: 970-625-5426 Fax: 844-269-2759 email: KArneson@titlecorockies.com titlecorockics.com Commitment Number: 1200133-C2 Buyer's Name(s): Gary L. Kelly Seller's Name(s): Gary L. Kelly and Bonnie L. Stokvis Property: 4361 Grass Mesa Road, Rifle, CO 81650 Lot 55, Grass Mesa Ranch, Garfield County, Colorado TITLE CHARGES These charges are based on issuance of the policy or policies described in the attached Commitment for Title Insurance, and includes premiums for the proposed coverage amount(s) and endorsement(s) referred to therein, and may also include additional work and/or third party charges related thereto. If applicable, the designation of "Buyer" and "Seller" shown below may be based on traditional settlement practices in Garfield County, Colorado, and/or certain terms of any contract, or other information provided with the Application for Title Insurance. Owner's Policy Premium: $646.00 Loan Policy Premium: Additional Lender Charge(s): Additional Other Charge(s): Tax Certificate: $25.00 Total Endorsement Charge(s): TBD Charge(s): TOTAL CHARGES: $671.00 Smite Beyond PxpectaBoninColaradofon Bogle, Ga,PiraGran Pitkfnand SummitCounties: admired c nege:Jackson, lake, Park and Routt Counties) Locaians In: A>ronBeaswr Creek, Baran, Breckenridge, Granby, and WinlerPark (Clasing Senices available in Aspen and Glemcood Springs). WESTCOR Land Title Insurance Company ALTA Commitment Form (6-17-06) COMMITMENT FOR TITLE INSURANCE ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY Westcor Land Title Insurance Company, a California corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A , as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six (6) months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed and by these presents to be signed in facsimile under authority of its by-laws, effective as of the date of Commitment shown in Schedule A, Issued By: FFill TITLE COMPANY of the roci:Jos The Title Company of the Rockies 111 E. 3rd Street, Floor 1, Suite 101 Rifle, CO 81650 Phone: 970-625-5426 WESTCOR TITLE INSURANCE COMPANY HOME OFFICE 201 N. New York Avenue, Suite 200 Winter Park, Florida 32789 Telephone: (407) 629-5842 gs'' Jy t1} }r+,ez.4t Ni'C.1 CM -2 (ALTA Commitment for Title Insurance (6-17-06) (WLTTC Edition (9/26/07) CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations, 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. S. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< http://www.alta.org/>. Wastoor Land Title Insurance Company Joint Notice of Privacy Policy of Westcor Land Title Insurance Company and The Title Company of the Rockies Westcor Land Title Insurance Company ("WLTIC") and The Title Company of the Rockies value their customers and are committed to protecting the privacy of personal information. In keeping with that philosophy, we each have developed a Privacy Policy, set out below, that will endure the continued protection of your nonpublic personal information and inform you about the measures WLTIC and The Title Company of the Rockies take to safeguard that infonnation. This notice is issued jointly as a means of paperwork reduction and is not intended to create a joint privacy policy. Each company's privacy policy is separately instituted, executed, and maintained. Who is Covered We provide our Privacy Policy to each customer when they purchase a WLTIC title insurance policy. Generally, this means that the Privacy Policy is provided to the customer at the closing of the real estate transaction. Information Collected In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic personal information directly from the customer, from customer -related transactions, or from third parties such as our title insurance agent, lenders, appraisers, surveyors and other similar entities. Access to Information Access to all nonpublic personal infonnation is limited to those employees who have a need to know in order to perfonn their jobs. These employees include, but are not limited to, those in departments such as closing, legal, underwriting, claims and administration and accounting. Information Sharing Generally, neither WLTIC nor The Title Company of the Rockies shares nonpublic personal information that it collects with anyone other than those individuals necessary needed to complete the real estate settlement services and issue its title insurance policy as requested by the consumer. WLTIC or The Title Company of the Rockies may share nonpublic personal information as permitted by law with entities with whom WLTIC or The Title Company of the Rookies has a joint marketing agreement. Entities with whore WLTIC or The Title Company of the Rockies have a joint marketing agreement have agreed to protect the privacy of our customer's nonpublic personal information by utilizing similar precautions and security measures as WLTIC and The Title Company of the Rockies use to protect this information and to use the information for lawful purposes. WLTIC or The Title Company of the Rockies, however, may share information as required by law in response to a subpoena, to a government regulatory agency or to prevent fraud. Information Security WLTIC and The Title Company of the Rockies, at all times, strive to maintain the confidentiality and integrity of the personal information in its possession and has instituted measures to guard against its unauthorized access. We maintain physical, electronic and procedural safeguards in compliance with federal standards to protect that information. The IVLTIC Privacy Policy can be found on IVLTIC's website at i wu'.wltic.eom Reference: COMMITMENT for TITLE INSURANCE issued by TITLE COMPANY of the rockfes as agent for WESTCOR LAND TITLE INSURANCE COMPANY Commitment Number: 1200133-C2 Connnitment Ordered By: Inquiries should be directed to: Kari Arneson Other Title Company of the Rockies 111 E. 3rd Street FIoor 1, Suite 101 Rifle, CO 81650 Phone: 970-625-5426 Fax: 844-269-2759 email: KArneson@titlecorockies.com Reference Property Address: 1 4361 Grass Mesa Road, Rifle, CO 81650 1. Effective Date: June 20, 2016, 7:00 am 2. Policy (or Policies) to be issued: ALTA Owner's Policy (6-17-06) SCHEDULE A Issue Date: June 30, 2016 Policy Amount: 5450,000.00 Premium: 5646.00 Proposed Insured: A Buyer To Be Determined 3. The estate or interest in the Land described or referred to in this Commitment is: Fee Simple and Title to said estate or interest is at the Effective Date vested in: Gary L. Kelly 4. The Land referred to in this Commitment is located in the County ofGarfield, State of Colorado, and is described as follows: S213 N1/2 SW1/4 Secitlon 3, Township 7 South, Range 93 West of the Sixth Principal Meridian. Also known as: Lot 55 GRASS MESA RANCH Alta Commitment - 2006 Schedule A Commitment No. 1200133-C2 Schedule B -I Requirements COMMITMENT FOR TITLE Ii ISURANCE SCHEDULE B - SECTION I REQUIREMENTS THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. Payment of any and all Homeowners assessments and expenses which may be assessed to the property. 2. Deed from Gary L. Kelly to A Buyer To Be Determined. NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288 -GRA 39-14-102. THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR GARFIELD COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE COMPANY. NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES UPON THE COMiVIITMENT, ALL IN ACCORDANCE WITH THE RULES AND SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF INSURANCE. Alta Commitment - 2006 Schedule B -I Requirements Commitment No. 1200133-C2 Schedule B -II Exceptions COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION II EXCEPTIONS Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company, Any loss or damage, including attorney fees, by reason of the matters shown below: 1, Any facts, rights, interests, or claims which are not shown by the Public Records but which could be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. 2. Easements or claims of easements, 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. 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 Commitment. 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 agenoy or by the Public Records. 7. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded May 10, 1917 in Book 92 at Page 367 as Reception No. 57227. 8. Right of way for the Beaver Creek Grass Mesa Ditch and the Grass Mesa Ditch, as it may affect the subject property. 9. Right of Way recorded August 14, 1924 in Book 133 at Page 254 as Reception No. 88377. 10. Grant of Easement recorded Marcy 18, 1982 in Book 594 at Page 886 as Reception No. 325720. 11. Declaration of Easements, Restrictions and Covenants for Grass Mesa Ranch recorded June 7, 1983 in Book 628 at Page 503 as Reception No. 342693; First Amendment recorded December 2, 1994 in Book 924 at Page 292 as Reception No. 471633; Amendment recorded September 1, 1995 in Book 951 at Page 883 as Reception No. 482601; Amendment recorded November 7, 1995 in Book 958 at Page 68 as Reception No. 485187; Amendment recorded March 25, 2002 in Book 1340 at Page 28 as Reception No. 599776; Amendment recorded May 7, 2002 in Book 1352 at Page 962 as Reception No. 602916; Amendment recorded September 25, 2003 in Book 1522 at Page 832 as Reception No. 637310; and Amendment recorded April 15, 2004 in Book 1577 at Page 998 as Reception No. 650236; and Amendment recorded February 2, 2010 as Reception No, 781491, Alta Commitment - 2006 Schedule B -II Exceptions Commitment No. 1200133-C2 Schedule B -II Exceptions (continued) 12. Matters related to the mineral estate as disclosed in Deed recorded August 30, 1983 in Book 634 at Page 348 as Reception No. 345189, and any and all assigmnents. 13. Non-exclusive Road Easement recorded July 23, 1985 in Book 672 at Page 761 as Reception No. 363582. 14. Right of Way Grant Amendment recorded October 10, 1985 in Book 677 at Page 56 as Reception No. 365674. 15. Grant of Easement recorded September 10, 1986 in Book 694 at Page 739 as Reception No. 374217. 16. Grant of Easement recorded September 10, 1986 in Book 694 at Page 740 as Reception No. 374218. 17. Affidavit of Production recorded March 24, 1995 in Book 935 at Page 150 as Reception No. 475883. 18. Pipeline Right of Way recorded December 12, 1995 in Book 960 at Page 922 as Reception No. 486353, and any and all assignments. 19. Surface Facility Grant recorded December 12, 1995 in Book 960 at Page 925 as Reception No. 486354. 20. Rights and reservations described in Warranty Deed recorded February 13, 1996 in Book 966 at Page 974 as Reception No. 488905, and any and all assignments. 21. Any matters disclosed on the Grass Mesa 33-13/125" Pipeline Survey recorded May 22, 1996 in Book 978 at Page 900 as Reception No. 493330. 22. Williams Service Pipeline Final Location Survey recorded May 22, 1996 in Book 978 at Page 902 as Reception No. 493331, 23. Letter recorded July 6, 1998 in Book 1076 at Page 730 as Reception No. 528223. 24. All matters disclosed on the 12" Pipeline Right -of -Way Survey recorded November 19, 1998 in Book 1099 at Page 210 as Reception No. 535741. 25. Grass Mesa Homeowner's Association Statement Re: Adoption of Colorado Common Interest Ownership Act recorded October 1, 1999 in Book 1153 at Page 264 as Reception No. 553046. 26. Mattes disclosed on the Map recorded February 17, 2000 in Book 1 173 at Page 556 as Reception No. 559518. 27. Matters disclosed on the Grass Mesa Homeowners Association Road Plat recorded September 15, 2003 as Reception No. 636525. 28. Pipeline Right -of -Way Grant recorded April 3, 2002 in Book 1343 at Page 116 as Reception No. 600508. 29. Special Use Permit recorded October 22, 2014 as Reception No. 855158, Alta Commitment - 2006 ,Schedule B -II Exceptions (continued) Commitment No. 1200133-C2 Schedule 13-11 Exceptions (continued) 30. Public Service Company of Colorado Easement recorded July 23, 2015 as Reception No. 865782. 31. Terms, agreements, provisions, conditions and obligations as contained in Memorandum of Water Allotment Contract recorded May 23, 2016 at Reception No. 877502. 32. Deed of Trust from Gary L. Kelly and Bonnie L. Stokvis for the use of Bank of America NA to secure $253,930.00 recorded November 28, 2012 as Reception No. 827660. Alta Commitment - 2006 Schedule B-11 Exceptions (continued) DISCLOSURE STATEMENTS Note I: Colorado Division of lnsurance Regulations 3-5-1, Paragraph C of Article VII, requires that "Every Title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the Title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." (Gap Protection) Note 2: Exception No. 4 of Schedule 13, Section 2 of this Conunitmnent may be deleted from the Owner's Policy to be issued hereunder upon eomplianee with the following conditions: A. The Land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials may have been furnished by mechanics or materialmen for purpose of construction on the Land described in Schedule A of this Commitment within the past 13 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unified mechanic's and materialmen s liens. D. Any deviation from conditions A though C above is subject to such additional requirements or Information as the Company may deem necessary, or, at its option, the Company may refuse to delete the exception. E. Payment of the premium for said coverage. Note 3: The following disclosures are hereby made pursuant to §10-11-122, C.R.S.: (1) The subject real property may be located in a special taxing district; (ii) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent; and (iii) Information regarding special districts and the boundaries of such districts may be obtained from the County Commissioners, the County Clerk and Recorder, or the County Assessor. Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the disclosure or withholding provisions of C,RS. §39-22-604.5 (Non-resident withholding). Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given: (a) If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate then there is a substantial likelihood that a third party holds some or aft interest in oil, gas, other rninerals, or geothermal energy in the property, and (b) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note 6: Effective September 1, 1997, C.R.S. §30-10.406 requires that all documents received for recording or tiling in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half inch the clerk and recorder may refuse to record or file any docurnent that does not conform. Note 7: Our Privacy Policy: We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been authorized by the customer, or are required by law. Note 8: Records: Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and records sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes for a period of not less than seven (7) years, except as otherwise permitted by law. Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that A title entity shall not eam interest on fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest is or has been earned. Said disclosure must offer the opportunity to receive payment of any interest earned on such funds beyond any administrative fees as may be on file with the division. Said disclosure must be clear and conspicuous, and may be made at any time up to and including closing." Be advised that the closing agent will or could charge an Administrative Fee for processing such an additional services request and any resulting payee will also be subjected to a W-9 or other required tax documentation for such purpose(s). Be further advised that, for many transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable (e.g., any money over any administrative fees involved in figuring the amounts earned). Disclosure Statements Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that "Until a title entity receives written instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title entity, it shall comply with the following: 1. The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them in a fiduciary capacity. 2. The title entity shall use any funds designated as "earnest money " for the consummation of the transaction as evidenced by the contract to buy and sell real estate applicable to said transaction, except as otherwise provided in this section. If the transaction does not close, the title entity shall: a. Release the earnest money Rinds as directed by written instructions signed by both the buyer and seller; or b. If acceptable written instructions are not received, uncontested funds shall be held by the title entity for 180 days from the scheduled date of closing, after which the title entity shall retum said funds to the payor. 3. In the event of any controversy regarding the funds held by the title entity (notwithstanding any termination of the contract), the title entity shall not be required to take any action unless and until such controversy is resolved. At its option and discretion, the title entity may: a. Await any proceeding; or b. Interplead all parties and deposit such funds into a court ofcompetent jurisdiction, and recover court costs and reasonable attorney and legal fees; or c. Deliver written notice to the buyer and seller that unless the title entity receives a copy of a summons and complaint or claim (between buyer and seller), containing the case number of the lawsuit or lawsuits, within 120 days of the title entity's written notice delivered to the parties, title entity shall retum the funds to the depositing party." Gary Kelly Grass Mesa Subdivision, Lot 55A and 55B Garfield County Parcel # 2403-033-00-044 Special Warranty Deed for Lot 55, Grass Mesa Ranch Rifle, CO 859431 02/19/2015 11:34:21 AM Page 1 of 1 Jean Alberico, Garfield County, Colorado Rec Fee: $11,00 Doc Fee: $0.00 eRecorded SPECIAL WARRANTY DEED THIS DEED is dated the, 0 day of�,Lkts&Y_,,,_,,,__, aa/c, and is rnade between (whether one, or mare than one), William E. Hutton and Janet L. Hutton, As Joint Tenants the "Grantor" of the County of Garfield and stato of Colorado - and Gary L. Kelly as t i•C I ' (whaf{er one, or more than one), the "Grantee", whose legal adds -k 4361 Grass Mesa Rna rifle CCs168Ci . of the County of Garfield _and State of WITNESS, that the Grantor, for and In consideration of Ma sum of e Dollars artd er rtts. ( $10.90 •_ the receipt and sufficiency of which Is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's Heirs and assigns forever, aft tha real property, tegether with any frnProvermits thereon, located in -ho City and County of State of Colorrdo. described as follows: - S213N112SW1/4 Section 3, Township T South, Range 93 West of the Sixth Principal -Meridian County of Garfield State of Colorado also known by street address as: Lot 55 Grass Mesa Ranch Ma CO 81650 TOGETHER with ail and singular the hereditament and appur€enences thereto belonging, or in anywise appertainfng, the reversions, remainders, rents, issues and profits thereof, and at( the estate, right; tiffs, irrtarest, cfafm and demand whatsoever of the Grantor, either in law or equity, of, In and to the above bargained.prernises, with the hetaditarenis and apptriteiiances; -104.-%VIE-AND TO I4OLo the: said premises above bargained and descethed, with the appurierrances, unto the Grantee, and the Grantee's heira end esslgns forever, The (rentor, for the Grantor and the Qrantor's heirs and assigns, does covenant, grant, bargain, and agree agree that the GantorsIie1I aflti r1IWARRANT THE TIME AND DEF tWtheabovedescribed premises, EU not any adjoininyvacated sfraat orally , if any, In the quiet and peaceable posseeslon of the Grantee and the heirand assigns of the Grantee, against all and every person or persons dehnitg the whole or any partthereof, by, Through, or tinder ihe Grantor exeept andsubject to; • All taxes and liens of record, - alta WITNESS WHEREOF, the Grantor has executed this deed on the date sat for above. William E. Hutton State of County of /Janet L. Hutton , SUSAN THOMAS NOTARY PUBLIC STATE OF COLORADO r Commiss!on Expires" Tho foregoing instrument was acknowledged before rile this 1+VTiliam E. Hutton arid# Janet L. Hutt Witness my hand and.oftiofal seal. Gary Kelly Grass Mesa Subdivision, Lot 55A and 55B Garfield County Parcel # 2403-033-00-044 Response to Article 7 Standards Fire Suppression Plan in response to Article 7 Standard Compliance to Section 5-301C 1-11 Relevant Section 4-203 and 5-402 Submittals Request for Waiver of Engineering Reports for Roadways, Traffic Study, Water Supply Plan, Wastewater Management Plan RESPONSE TO ARTICLE 7 STANDARDS KELLY MINOR SUBDIVISON 7-101 ZONE DISTRICT USE REGULATIONS No zoning change is requested. The property as subdivided will remain zoned Rural. 7-102 COMPREHENSIVE PLAN AND INTERGOVERNMENTAL AGREEMENTS The proposed subdivision is in compliance with the comprehensive plan which designates the area as Low Density Residential (10 acres plus). Upon completion of the proposed subdivision, the two lots will be 31.6 and 18.9 acres in size. There are no relevant intergovernmental agreements. 7-103 COMPATIBILITY The proposed subdivision will not change the nature, scale or intensity of the adjacent land uses which are rural and residential in nature. The subdivision lots will be 31.6 and 18.9 acres in size with one single family residence on each parcel. Both residential dwellings are already in existence with the second residence being built as an ADU in 2001. 7-104 SOURCE OF WATER Tlie source of water for the proposed subdivision is a shared well which has served both existing dwellings since 2001 when the ADU was completed. The legal availability of the water is demonstrated by the well permitted by CDOWR 79726-F for two single family dwellings, the irrigation of not more than 1,000 square feet of home gardens and lawns, and the water of two head of domestic animals. The well is augmented by West Divide Water Conservancy District Contract No. 150618GK(a). The physical supply of the water is demonstrated by a four hour pump test done March, 2015 that indicates the well was pumping at a rate of 3-4 minutes per gallon. A 1,500 gallon water storage tank (shown on the site plan/preliminary plat map) was installed with the ADU construction. Testing done March, 2015 shows no concerns with water quality. The well will be shared between the two proposed lots pursuant to a declaration of water well use and maintenance obligations. A copy of the well permit, augmentation contract, well inspection form, 4 hour pump test, water quality test and draft declaration are included in the application materials. Because the well has served both existing residences since 2001, the physical supply of water and quality of the water is adequate. The well permit demonstrates legal supply. Accordingly, the Applicant has requested a waiver of the requirement of a water supply report by an engineer. 1 7-105 CENTRAL WATER DISTRIBUTION AND WASTEWATER SYSTEMS The property is not eligible for service by a Water Supply Entity. No central water distribution system is planned as the proposed subdivision consists of two lots. The property is not eligible for connection to a public sewer extension. A central wastewater system is not required because the property is not located within 400 feet of a sewage treatment facility and because the proposed lot size is eligible for an onsite wastewater treatment system (OWTS) with lot sizes of 31,6 and 18.9 acres. Onsite wastewater treatment systems currently served both existing dwellings (Applicant's residence and the ADU). Copies of both septic permits are included in the application materials. Because the dwellings on both proposed lots are currently served by existing and permitted OWTS, the Applicant has requested a waiver of the requirement for an engineered wastewater management plan. 7-106 PUBLIC UTILITIES Both dwellings (the existing residence and the ADU) are currently served by public utilities. An easement granted to Xcel for power lines to the proposed lot containing the ADU has already been granted by the Applicant and is shown on the site plan/preliminary plat map. No additional residential dwellings are planned. 7-107 ACCESS AND ROADWAYS The access to the two proposed lots is from County Road 319 to Grass Mesa Road. A 20 foot wide private driveway easement shown on the site plan/preliminary plat map provides access to the two proposed lots from Grass Mesa Road. Grass Mesa Road is a private road maintained by the Grass Mesa Homeowner's Association. Grass Mesa Road has been in existence since at least the time of the formation of Grass Mesa Ranch (approximately 1983) and is visually shown on the attached plat of Grass Mesa Ranch done in 2003. The creation of Grass Mesa Road was done originally in the Declaration of Easement, Restrictions and Covenants for Grass Mesa Ranch recorded in the Garfield County Clerk and Recorders Office on June 7, 1983 as Reception No. 342393. Numerous amendments to the Declaration have been recorded, however, the existence of Grass Mesa Road as an access easement for the benefit of the Grass Mesa Ranch property owners has not changed. Grass Mesa Road currently provides access to approximately 70 parcels in Grass Mesa Ranch. Copies of the plat for Grass Mesa Road and the Declaration and amendments are included in the application materials. The private driveway easement through Applicant's parcel is an existing driveway to the ADU and Applicant's residence and is shown on the proposed minor subdivision plat. The current 2 physical attributes of the private driveway is 18 feet in width and is surfaced with gravel meeting the County's road way standards for a driveway. A proposed draft of a declaration of private access and utility easement and maintenance obligations is included in the application materials. Because Grass Mesa Road has been in existence since approximately 1983 and serves approximately 70 lot and because the subdivision of Applicant's property will add no additional traffic to Grass Mesa Road (since the ADU has been in existence and occupied since 2001), the Applicant has requested a waiver of the engineer report for roadways. 7-108 USE OF LAND SUBJECT TO NATURAL HAZARDS No natural or geographic hazards affect this property. 7-109 FIRE PROTECTION A letter from Colorado River Fire Rescue dated April 15, 2016 states that "the lot split will not affect the fire response activities" on the properties. A copy of the letter is included in the application materials. 7-201 AGRICULTURAL LANDS The proposed subdivision will have no adverse effect to any surrounding agricultural operations. 7-202 WILDLIFE HABITAT AREAS The proposed subdivision will not increase the number of dwelling units or increase the number or location of roadways. Accordingly, the proposed subdivision will not have any impact on native vegetation utilized by wildlife and will allow any existing migration corridors to remain intact. 7-203 PROTECTION OF WATERBODIES The property is not near any waterbody. 7-204 DRAINAGE AND EROSION Because the existing dwellings and roadway are already in existence, no grading or changes to drainage or stormwater runoff are anticipated. 7-205 ENVIRONMENTAL QUALITY Given that the dwellings and private driveway are already constructed and in use, the proposed subdivision should have no temporary or long-term adverse effects on noise, air pollution, odors, or waste generation. 3 7-206 WILFIRE HAZARDS The property and surrounding area is rated at Low to Moderate according to the County Wildfire Susceptibility Index, The property is not on slopes greater than 30 percent. The Applicant agrees to maintain vegetation control to minimize potential impacts from wildfire events. A letter from Colorado River Fire Rescue dated April 15, 2016 regarding vegetation mitigation included in the application materials, 7-207 NATURAL AND GEOLOGIC HAZARDS No natural or manmade geologic hazards exist in the location of the proposed subdivision. 7-208 RECLAMATION No disturbance is anticipated which would require reclamation as the private driveway, OWTS systems on both proposed lots, and the dwellings are already in existence. 7-301 COMPATIBLE DESIGN The use of the proposed lots is residential in nature with a large lot size of 31.6 and 18.9 acres. The use would be compatible with adjacent properties which are also residential and rural in nature or is undeveloped space owned by the BLM. 7-302 OFF-STREET PARKING AND LOADING STANDARDS The proposed subdivision lot sizes will provide ample room for the required minimum of two off-street parking spaces. The private driveway meets the County standards. 7-303 LANDSCAPING STANDARDS No additional landscaping is planned, The existing landscaping meets the requirements of Colorado River Fire Rescue per the letter dated April 15, 2016 included in the application materials. 7-304 LIGHTING STANDARDS The lighting on the existing dwellings conforms to the County's exterior lighting standards. The lighting standards are listed as a plat note on the proposed plat. 7-305 SNOW STORAGE STANDARDS The proposed subdivision is exempt from these standards per the LUDC. 7-306 TRAIL AND WALKWAY STANDARDS No trails or walkways are proposed within the subdivision, 4 7-401 GENERAL SUBDIVISION STANDARDS There are no common facilities other than the driveway and well and water system. The driveway is subject to a declaration of private access and utility easement and maintenance obligations. The well and water system are subject to a declaration of water well use and maintenance obligations. Copies of drafts of both declarations are included in the application materials. The Applicant agrees to the fireplace regulations (as to new construction) and domestic animal control provisions. Plat notes addressing these items are shown on the proposed plat. There is no proposed development in the floodplain. 7-402 SUBDIVISION LOTS The proposed lots meet the applicable zone district requirements for lot area, width, frontage, depth, shape, location, and orientation as stated in the LUDC 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 The Applicant agrees to pay any school land dedication fees due. 7-405 TRAFFIC IMPACT FEES The Applicant agrees to pay any traffic impact fees due. Because, however, the proposed subdivision does not include any increase in traffic (since the residence and ADU have been existing and occupied since 2001), the Applicant believes that no traffic impact fees should be due. Further, the Applicant has requested a waiver of the requirement for a traffic study. 5 Gary Kelly Grass Mesa Subdivision, Lot 55A and 55B Garfield County Parcel # 2403-033-00-044 Fire Suppression Plan In response to Article 7 Colorado River Fire Rescue Gary Kelly 4361 Grass Mesa Road Rifle, Colorado 81650 April 15, 2016 Gary, This letter is to inform you that after two meetings and site visits with you on your property that you are proposing to split, I am comfortable that this lot split will not affect the fire response actives on you property. You completed the fuels mitigation that 1 requested last summer on both proposed properties and you improved the fire truck access to both homes. The improvements you made have offset the impacts to the fire district that a lot split would have added to our emergency response to this property. Thank you for being proactive and working with us to improve our response to your property. Orrin D. Moon Acting Division Chief/ Fire Marshal 1850 Railroad Ave Rifle, Colorado 81650 COMPLIANCE WITH SECTION 5-301C 1-11 KELLY MINOR SUBDIVISON 1. The proposed subdivision complies with the requirements of the applicable zone district and the LUDC. No zoning change is requested. The property as subdivided will remain zoned Rural with a residence on each lot. The proposed lots meet the applicable zone district requirements for lot area, width, frontage, depth, shape, location, and orientation as stated in the LUDC. 2. The proposed subdivision is in conformance with the Comprehensive Plan. The proposed subdivision is in compliance with the comprehensive plan which designates the area as Low Density Residential (10 acres plus). Upon completion of the proposed subdivision, the two lots will be 31.6 and 18.9 acres in size. The proposed subdivision does not suggest any changes in use to either lot and both lots will remain residential in nature. 3. The Applicant has shown satisfactory evidence of legal, physical, adequate and dependable water supply for each proposed lot. The source of water for the proposed subdivision is a shared well which has served both existing dwellings since 2001 when the ADU was completed. The legal availability of the water is demonstrated by the well permitted by CDOWR 79726-F for two single family dwellings, the irrigation of not more than 1,000 square feet of home gardens and lawns, and the water of two head of domestic animals. The well is augmented by West Divide Water Conservancy District Contract No. 150618GK(a). The physical supply of the water is demonstrated by a four hour pump test done March, 2015 that indicates the well was pumping at a rate of 3-4 minutes per gallon. A 1,500 gallon water storage tank (shown on the site plan/preliminary plat map) was installed with the ADU construction. Testing done March, 2015 shows no concerns with water quality. The well will be shared between the two proposed lots pursuant to a declaration of water well use and maintenance obligations. A copy of the well permit, augmentation contract, well inspection form, 4 hour pump test, water quality test and draft declaration are included in the application materials. Because the well has served both existing residences since 2001, the physical supply of water and quality of the water is adequate. The well permit demonstrates legal supply. 4. The Applicant has shown satisfactory evidence of adequate and legal access for each proposed lot. The access to the two proposed lots is from County Road 319 to Grass 1 Mesa Road. A 20 -foot wide private driveway easement shown on the site plan/preliminary plat map provides access to the two proposed lots from Grass Mesa Road. Grass Mesa Road is a private road maintained by the Grass Mesa Homeowner's Association. Grass Mesa Road has been in existence since at least the time of the formation of Grass Mesa Ranch (approximately 1983) and is visually shown on the plat of Grass Mesa Ranch done in 2003. The creation of Grass Mesa Road was done originally in the Declaration of Easement, Restrictions and Covenants for Grass Mesa Ranch recorded in the Garfield County Clerk and Recorders Office on June 7, 1983 as Reception No. 342393. Numerous amendments to the Declaration have been recorded, however, the existence of Grass Mesa Road as an access easement for the benefit of the Grass Mesa Ranch property owners has not changed. Grass Mesa Road currently provides access to approximately 70 parcels in Grass Mesa Ranch. Copies of the 2003 plat showing Grass Mesa Road and the Declaration and amendments are included in the application materials. The private driveway easement through Applicant's parcel is an existing driveway to the ADU and Applicant's residence and is shown on the proposed minor subdivision plat. The current physical attributes of the private driveway is 18 feet in width and is surfaced with gravel. A proposed draft of a declaration of private access and utility easement and maintenance obligations is included in the application materials. 5. There are no additional easements necessary to serve the proposed subdivision. Easements for the driveway access, utilities, and well and water system are shown on the proposed plat. 6. The proposed subdivision has the ability to provide an adequate sewage disposal system. Onsite wastewater treatment systems currently serve both existing dwellings (Applicant's residence and the ADU) on the proposed lots. Each of the proposed lots is eligible for an onsite wastewater treatment system (OWTS) with lot sizes of 31.6 and 18.9 acres. Copies of both septic permits are included in the application materials. 7. The proposed subdivision will mitigate hazards identified on the property to the extent practicable. No natural or geographic hazards affect this property. No natural or manmade geologic hazards exist in the location of the proposed subdivision. The property and surrounding area is rated at Low to Moderate according to the County Wildfire Susceptibility Index. The property is not on slopes greater than 30 percent. The 2 Applicant agrees to maintain vegetation control to minimize potential impacts from wildfire events. A letter from Colorado River Fire Rescue dated April 15, 2016 regarding vegetation mitigation is included in the application materials. 8. Because the proposed subdivision does not include any changes in use to either lot and because the driveway, well and water systems, OWTS, and residential dwelling are already constructed and in place, no information on estimated probable construction costs and proposed methods of financing is included with the application. 9. The Applicant has included a Certificate of Taxes Paid on the draft plat that shall be appropriately filled in prior to recordation. A current Tax Certificate from the County Treasurer is included in the application materials. 10. The Final Plat shall meet the requirements of Section 5-402F prior to recording. 3 RELEVANT SECTION 4-203 AND 5-402 SUBMITTALS KELLY MINOR SUBDIVISION 4-203E. GRADING AND DRAINAGE PLAN/ GROUNDWATER DRAINAGE REPORT. Because the existing dwellings and roadway are already in existence, no grading or changes to drainage or stormwater runoff are anticipated. Accordingly, no grading and drainage plan/groundwater drainage report is necessary. 4-203L. TRAFFIC STUDY/ROAD ENGINEERING REPORT. The access to the parcel is from County Road 319 to Grass Mesa Road. A 20 foot wide private driveway easement shown on the site plan/preliminary plat map provides access to the two proposed lots from Grass Mesa Road. Grass Mesa Road is a private road maintained by the Grass Mesa Homeowner's Association. Grass Mesa Road has been in existence since at least the formation of Grass Mesa Ranch (approximately 1983) and is visually shown on the plat of Grass Mesa Ranch done in 2003. The creation of Grass Mesa Road was done originally in the Declaration of Easement, Restrictions and Covenants for Grass Mesa Ranch recorded in the Garfield County Clerk and Recorders Office on June 7, 1983 as Reception No. 342393. Numerous amendments to the Declaration have been recorded, however, the existence of Grass Mesa Road as an access easement for the benefit of the Grass Mesa Ranch property owners has not changed. Grass Mesa Road currently provides access to approximately 70 parcels in Grass Mesa Ranch. Copies of the Declaration and amendments and Grass Mesa Ranch plat are included in the application materials. The private driveway easement through the Applicant's parcel is an existing driveway to the ADU and is shown on the proposed minor subdivision plat. The actual driveway is 18 feet in width and is surfaced with gravel. Because this is a fairly simple two lot split, the cost of an engineering study for Grass Mesa Road or a traffic study for impacts would be an undue burden given the small size of the project and limited complexity. Further, Grass Mesa Road has been in existence since 1983 and Applicant and his ADU occupants have used Grass Mesa Road safely and without incident since 2001. There are no additional traffic impacts to be created by the two lot split due to the existence of the traffic generated by the ADU since 2001. Accordingly, the Applicant has requested a waiver of the engineering report for the roadways and the traffic study. 4-203M. WATER SUPPLY AND DISTRIBUTION PLAN. The source of water for the proposed subdivision is a shared well which has served both existing dwellings since 2001 when the ADU was completed. The legal availability of the water is demonstrated by the well permitted by CDOWR 79726-F for two single family dwellings, the irrigation of not more than 1,000 square feet of home gardens and lawns, and the water of two head of domestic animals. The well is augmented by West Divide Water Conservancy District Contract No. 150618GK(a). The physical supply of the water is demonstrated by a four hour pump test done March, 2015 that indicates the well was pumping at a rate of 3-4 minutes per gallon. A 1,500 gallon water storage tank (shown on the site plan/preliminary plat map) was installed with the ADU construction. Testing done March, 2015 shows no concerns with water quality. The well will be shared between the two proposed lots pursuant to a declaration of water well use and maintenance obligations. A copy of the well permit, augmentation contract, well inspection form, 4 hour pump test, water quality test and draft declaration are included in the application materials. Because this is a fairly simple two lot split, the cost of an engineering study for the water supply would be an undue burden given the small size of the project and limited complexity. Because the well has served both existing residences since 2001, the physical supply of water and quality of the water can be assessed as adequate without engineering review. The well permit demonstrates legal supply. Accordingly, the Applicant has requested a waiver of the requirement of a water supply report by an engineer. 4-203N. WASTEWATER MANAGEMENT AND SYSTEM PLAN. Onsite wastewater treatment systems currently serve both existing dwellings (Applicant's residence and the ADU). Each of the proposed lots is eligible for an onsite wastewater treatment system with lot sizes of 31.6 and 18.9 acres. No additional dwellings are anticipated on the proposed lots. Copies of both septic permits are included in the application materials. Because this is a fairly simple two lot split, the cost of an engineering study for the wastewater management plan would be an undue burden given the small size of the project and limited complexity. Because the dwellings on both proposed lots are currently served by existing and permitted onsite wastewater treatment systems, the wastewater system can be reviewed without and engineering report. Accordingly, the Applicant has requested a waiver of the requirement for an engineered wastewater management plan. 5-402F. FINAL PLAT. A copy of the proposed Final Plat is included in the application materials. 5-4021. CODES, COVENANTS, RESTRICTIONS. The proposed subdivision is governed by the Declaration of Easement, Restrictions and Covenants for Grass Mesa Ranch recorded in the Garfield County Clerk and Recorders Office on June 7, 1983 as Reception No. 342393 and numerous amendments. These documents are included in the application materials. Accordingly, no additional CC&Rs are proposed. The well and water system are governed by a Declaration between the two proposed lots. The private driveway and utility easement is governed by a separate Declaration between the two proposed lots. Drafts of the Declarations are included in the application materials. Fleisher Real Estate Working harder since 1975. July 20, 2016 Re: Request for Waiver of Engineering Reports for Roadways and Traffic Study, Water Supply Plan, and Wastewater Management Plan for the Minor Subdivision Application for Gary Kelly, Applicant (File MISA — 04-16-8446) Dear Kathy, This letter serves as a supplement to the above -referenced application. Section 4-202 of the Land Use and Development Code states that a waiver may be approved if the Applicant demonstrates the requirements are inappropriate or unnecessary based upon the following criteria: 1) The Applicant shows good cause for the requested waiver: 2) The project size, complexity anticipated impacts, or other factors support a waiver; 3) The waiver does not compromise a proper and complete review; and 4) The information is not material to describing the proposal or demonstrating compliance with approval criteria. The following facts apply to all requests for a waiver. This is a two lot split of a 55 acres parcel in Grass Mesa Ranch. One lot will be 31.6 acres and the other lot will be 18.9 acres. Applicant has owned his property since 1999. The Applicant built an ADU on his property since 2001. Both the Applicant's residence and the ADU have appropriate building permits, septic permits, and certificates of occupancy issued by the County. The ADU has consistently had persons living there since its construction. The Applicant's residence will be located on the 31.6 acre lot and the ADU will be located on the 18.9 acre lot. I. Request for Waiver of Engineering Report on Roadways and Traffic Study The access to the parcel is from County Road 319 to Grass Mesa Road. A 20 foot wide private driveway easement shown on the site plan/preliminary plat map provides access to the two proposed lots from Grass Mesa Road. Grass Mesa Road is a private road maintained by the Grass Mesa Homeowner's Association. Grass Mesa Road has been in existence since at least the formation of Grass Mesa Ranch (approximately 1983) and is visually shown on the attached plat of Grass Mesa Ranch done in 2003. The creation of Grass Mesa Road was done originally in the Declaration of Easement, Restrictions and Covenants for Grass Mesa Ranch recorded in the Garfield County Clerk and Recorders Office on June 7, 1983 as Reception No. 342393. Numerous amendments to the Declaration have been recorded, however, the existence of Grass Mesa Road as an access easement for the benefit of the Grass Mesa Ranch property owners has not changed. Grass Mesa Road currently provides access to approximately 70 parcels in Grass Mesa Ranch. www.fleisherrealestate.com 207 Basalt Center Circle, Suite 103 Basalt, CO 81621 Office: 970-927-6828 Fax: 970-927-6828 981 Cowen Drive, Suite B-5 Carbondale, CO 81623 Office: 970-704-1515 Fax: 970-704-1494 tool Grand Avenue, Suite 201 Glenwood Springs, CO 81601 Office: 970-945-9060 Fax: 970-945-1136 1430-A Railroad Avenue Rifle, CO 81650 Office: 970-625-1838 Fax: 970-625-1530 The private driveway easement through the Applicant's parcel is an existing driveway to the ADU and is shown on the proposed minor subdivision plat. The actual driveway is 18 feet in width and is surfaced with gravel. Because this is a fairly simple two lot split, the cost of an engineering study for Grass Mesa Road or a traffic study for impacts would be an undue burden given the small size of the project and limited complexity. Further, Grass Mesa Road has been in existence since 1983 and Applicant and his ADU occupants have used Grass Mesa Road safely and without incident since 2001. There are no additional traffic impacts to be created by the two lot split due to the existence of the traffic generated by the ADU since 2001. Accordingly, the Applicant requests a waiver of the engineering report for the roadways and the traffic study. 11. Request for Waiver of Engineering Report for Water Supply Plan The source of water for the proposed subdivision is a shared well which has served both existing dwellings since 2001 when the ADU was completed. The legal availability of the water is demonstrated by the well permitted by CDOWR 79726-F for two single family dwellings, the irrigation of not more than 1,000 square feet of home gardens and lawns, and the water of two head of domestic animals. The well is augmented by West Divide Water Conservancy District Contract No. 150618GK(a). The physical supply of the water is demonstrated by a four hour pump test done March, 2015 that indicates the well was pumping at a rate of 3-4 minutes per gallon. A 1,500 gallon water storage tank (shown on the site plan/preliminary plat map) was installed with the ADU construction. Testing done March, 2015 shows no concerns with water quality. The well will be shared between the two proposed lots pursuant to a declaration of water well use and maintenance obligations. A copy of the well permit, augmentation contract, well inspection form, 4 hour pump test, water quality test and draft declaration are included in the application materials. Because this is a fairly simple two lot split, the cost of an engineering study for the water supply would be an undue burden given the small size of the project and limited complexity. Because the well has served both existing residences since 2001, the physical supply of water and quality of the water can be assessed as adequate without engineering review. The well permit demonstrates legal supply. Accordingly, the Applicant has requested a waiver of the requirement of a water supply report by an engineer. III. Request for Wavier of Engineering Report for Wastewater Management Plan Onsite wastewater treatment systems currently served both existing dwellings (Applicant's residence and the ADU). The proposed lot size is eligible for an onsite wastewater treatment system with lot sizes of 31.6 and 18.9 acres. No additional dwellings are anticipated on the proposed lots. Copies of both septic permits are included in the application materials. Because this is a fairly simple two lot split, the cost of an engineering study for the wastewater management plan would be an undue burden given the small size of the project and limited www.fleisherrealestate.com 207 Basalt Center Circle, Suite 103 Basalt, CO 81621 Office: 970-927-6828 Fax: 970-927-6828 981 Cowen Drive, Suite B-5 Carbondale, CO 81623 Office: 970-704-1515 Fax: 970-704-1444 1o01 Grand Avenue, Suite 201 Glenwood Springs, CO 816o1 Office: 970-945-9060 Fax: 97o -945-n36 143o -A Railroad Avenue Rifle, CO 8165o Office: 970-625-1838 Fax: 970-625-1530 complexity. Because the dwellings on both proposed lots are currently served by existing and permitted onsite wastewater treatment systems, the wastewater system can be reviewed without and engineering report. Accordingly, the Applicant requests a waiver of the requirement for an engineered wastewater management plan. If you have any additional questions, please feel free to reach out to me. Sincerely, 4610 Paige Haderlie Broker Associate Fleisher Real Estate (970)625-2255 direct line www.fleisherrealestate.com 207 Basalt Center Circle, Suite 103 Basalt, CO 81621 Office: 970-927-6828 Fax: 970-927-6828 981 Cowen Drive, Suite B-5 Carbondale, CO 81623 Office: 970-704-1515 Fax: 470-704-1444 1001 Grand Avenue, Suite 201 Glenwood Springs, CO 81601 Office: 970-945-9060 Fax: 970-945-1136 1430-A Railroad Avenue Rifle, CO 81650 Office: 970-625-1838 Fax: 970-625-1530 Gary Kelly Grass Mesa Subdivision, Lot 55A and 55B Garfield County Parcel # 2403-033-00-044 Source of Water and supporting documents Division of Water Resources Website print out Water Well Permit Application West Divide Water Conservancy District Water Allotment Contract Declaration of Water Well Use and Maintenance Obligations 4 hour water well test Water quality test results State of Colorado Water Resources - View Well Details: Receipt 9504008 Page 1 of 2 Cororado Department W Natural Resources L@1)Q@aJ© Sici13i1J1 ©t! Colorado's Well Permit Search THIS PAGE IS NOT THE ACTUAL PERMIT The tnforrnation contained on this page io a summary of the permit file and may not reflect all details of the well permit, (Full fisciaimer) Well Constructed Receipt: Permit #: Well Name / #: Designated Basin: Case Number: W DID: 9504008 Division: 5 79726-F - Water District: 45 County: GARFIELD Management District: Help Last Refresh: 6/29/2016 12:02:29 AM [-] Imaged Documents - Permit File Document Name Date Imaged Annotated Original File 04/13/2016 No [-] Applicant/Contact Applicant/Contact Name KELLY GARY L Mailing Address 4371 GRASS MESA ROAD City/State/Zip MR 8, CO 81650- [-] Location Information Approved Well Location: Q40 Q160 Section Township Range PM Footage from Section Lines NW SW 3 7.05 93.0W Sixth 1500 S 1000 W Northing (UTM y): 4372739.0 Easting (UTM x): Location Accuracy: Spotted from section lines Subdivision Name GRASS MESA RANCH Filing Block Lot 55 Parcel ID: 23-2403-033-00-044 262026.2 Acres in Tract: 53.25 [-] Permit Details Date Issued: 03/16/2016 Date Expires: Uses (See Imaged Documents for more mfomatian) General Use(s): DOMESTIC Special Use: AUGMENTED Area which may be irrigated: 1000 SQ. FE, Annual volume of appropriation: Statute: Cross Reference Permit(s): Permit Number Receipt 725421- -A 9500145 Aquifer(s): ALL UNNAMED AQUIFERS Comments: Expand use of exisitng well per WDWCD contract #150618GK(e). Propossed division of land, shared well, proposed lots 55-A & 55-0.600 foot spacing applicable. [-] Construction/Usage Details Well Construction Date: 08/22/2000 Weil Plugged: Elevation Depth Pump Installer Pump Installation Date: 08/23/2000 1st Beneficial Use: Perforated Casing (Top) Perforated Casing (Bottom) Static Water 357 320 340 200 Lic # Name 1050 SAMU€LSON, RAUN Address BOX 297 GLEN45DOO SPGS, CO 81602 Level Punip Rate 5 Phone Number 970-945-6309 1 [-] Application/Permit History Permit Issued Pump Installation Report Received Application Received Well Construction Report Received Pump Installed Well Constructed 03/16/2016 03/08/2016 08/26/2015 10/26/2000 08/23/2000 08/22/2000 Disclaimer ColoradogoyI Contact Us http://www.dwr.state.co.us/WellPermitSeareh/View.aspx?receipt=9504008 6/29/2016 COLORADO DIVISION OF WATER RESOURCES Office Use Only 1313 DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST., Ste 821, DENVER, CO 80203 _ I, Main: (303) 866-3581 Fax: (303) 866-2223 d}4rrlerm€tsortline(g'@atate.co.0 RESIDENTIAL Noto: Also use this form to apply for livestock watering Water Well Permit Application AUG 2 6 '15 Review form instructtons prior toc completing form. Hand Completed fortes must be completed [n black or blue ink or typed!tr TTAE,A CtiSGOn EE. ES Hrpiicant Infarmatian ims)eaYe i?#Illeli (check applicable boxes) Form GWS -44 (7/2012) /7,64 # 7 9 716 9504008 GARY L KELLY M Ingeddress 4371 GRASS MESA ROAD city RIFLE, Stole CO Zip code 81650 Telephone Wares code) 970-379-3086 Email garykelly4371@grnall.com 2. Type Of Application (check applicable boxes) p Construct new well © Replace existing well ■ USe existing well 311 Change or Increase use ❑ Change source (aquifer) 0 Reapplication (expired permit) ❑ Rooftop precip. collection O Other: See Instructions to determine use(s) for which you may qualify p A. Ordinary household use in one single-family dwelling (no outside use) • B. Ordinary household use In 1 to 3 single-family dwellings: Number of dwellings: 2 IN Home garden/lawn irrigation, not to exceed one acre: area irrigated 1000 IZ sq. ft. nacre ® Domestic animal watering — (non-commercial) (2 1q 4 d ) 0 C. Livestock watering (on farm/ranchffange/pasture) eS"r�fF L1�LL 7. Well Data (proposed) P. 3. Refer To (if applicable) M-as3rwm pvrnpYg rate 15 9Pm Annual amocmt to be rellhd eorn 0.906 acre-feet We pofma 225421-A %yate Count caro WDWCD #150618GK(a) Total depth 357 feet Aquifer TRIG Desigroted Bash DetemHnallon Well nems COS KELLY WELL 8. Water Suppiler 4. Location Of Proposed Well (important! See Instructions county GARFIELD NW 1I4ofthe SW 114 Is this parcel within boundaries of a water service area?)^I YESI1 NO If yea, provide name of supplier: 9. Type Of Sewage System Section 3 Tomsrup N o S 7 1❑ r1t! Range E or 93 Elii Pr[ndpal IHe tdwi 6TH G?s!ance orvre from seeHenn Imes (section fines are typkal:y not property !Ines) 1500 Ft from ITN Rs 1000 Ft ismer E RI W For repracernent wells only— dislaice end direet'son from ad wel to new wall N/A feet Direction E Septic lank / absorption leach field O Central system: District name: o Vault: Location sewage to be hauled to: 0 Other (explain) Y5'e1 ocaSon address (tndude City. Stato, dip) fSChedt y wet access is sera as to Item 1. 10. Proposed Well Driller License #(optional): EXST 11 Sign or Enter Name of Applicant(s) or Authorized Agent Optional: GPS wet leoafon lnlorA aIen n IJTM forma+. GPS unit seangs are se (elms: Format must be IITM G Zona 12 artt Zone 13 Urgte nest be Meters Datum must be HAD83 Ure.I rust be set to true north Was GPS Lela checked for abase? 0 YES Failing: Northing: Remember to set Datum to NAD83 5. Parcel On Which Well Will Be Located TYou must attach a current deed for the subject parcel) A. You must check and complete one of the following: ® Subdivlslon: Name GRASS MESA RANCH The making of false statements herein constitutes perjury In the second degree, which Is punishable as a class 1 misdemeanor pursuant to C.R.S. 24-4-104 (13)(a). I have read the statements herein, know the contents thereof end state that they are true to-rn knowledge. sten or ante* flamers) or persons) subm is ; app3ea If s4yIng prat nam and tits GARY L KELLY UWNER Office Use Only ,F^ =' fn" Date (mm`ddlyyyy) 08/26/2015 T /4-,-;,(2 Lot 55 Block Filing/Unit ❑ County exemption (attach copy of county approval & survey) Name/# Lot # ❑ Parcel less than 35 acres, not in a subdivision attach a deed with metes & bounds description recorded prior to June 1, 1972, and current deed © Mining claim (attach copy of deed or survey) Name/#: © Square 40 acre parcel as described in Item 4 ❑ Parcel of 35 or more acres (attach metes & bounds description or survey) © Other; (attach metes & bounds description or survey) USGS map name :SIR rasp no. Surface etev. S. #ofacres Inparcel 50.3 C. Are you Tho ma'r er of this pkat? IZ YES r 1 iv0 D. whi tins be the only we on tick paroel? l! YESIn I•,'O (8 no —fist other wens) E State Parcel ID# (opiona;): 23-2403-033-0Q-044 A /I _382( Recelpt area onty I;IPA" /i/? 7 CA -e/11. 7 AQUAIMP WE WR TOPO MYIAR 555 DIV WO " AA MD Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman Si., Denver, Colorado 80203 (303) 866-3581 GARY L KELLY 4371 GRASS MESA ROAD RIFLE, CO 81650- (970) 379-3086 PERMIT TO USE AN EXISTING WELL EXST WELL PERMIT NUMBER 79726 -F DIV. 5 WD 45 DES. BASIN MD Lot: 55 Block: Filing: Subdiv: GRASS MESA RANCH APPROVED WELL LOCATION GARFIELD COUNTY NW 1/4 SW 114 Section 3 Township 7 8 Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 1500 Ft. from South Section Line 1000 Ft. from West Section Line UTM COORDINATES (Meters,Zone:13,NAD83) t=asting: Northing: r � ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civi€ court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors In accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2), on the condition that this well is operated in accordartoe with the West Divide Water Conservancy District Augmentation Plan approved by the Division 5 Water Court In case no. 02CW0123. If this well is not operated in accordance with the terms of said decree, It will be subject to administration including orders to cease diverting water. WDWCD contract #150618GK(a). This well is known as Kelly Well. 4) Approved for the expansion of use of an existing well constructed on May 10, 2000, to a depth of 300 feet, under monitoring hole notice MH -38268 and later permitted for use under permit no. 225421. This well was tater deepened, on August 22, 2000 to a depth of 357 feet, and with pump Installation on August 23, 2000 (approximately), all under permit no. 225421-A (canceled). Issuance of this permit hereby cancels permit nos. 225421 and 225421-A 5) Tile use of ground water from this well Is limited to ordinary household purposes Inside two (2) single family dwellings, the Irrigation of not more than 1,000 square feet of home gardens and fawns, and the watering of two (2) head domestic animals. S) The pumping rate of this well shall not exceed 15 GPM. 7) The annual withdrawal of ground water from this well shall not exceed 0.85 acre-foot. 8) The return flow from the use of this weU must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well Is located. 8) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 10) This well shall be located not more than 200 feet from the location specified on this permit and at least 600 feet from any existing well. completed in the same aquifer, that is not owned by the applicant. 11) A totalizing flow mater must be installed on this well and maintained In good working order. Permanent records of alt diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request, NOTE: This well was decreed as Kelly Exempt Domestic Well in Division 5 Water Court case no. 09CW0021. Additionally, an order was Issued by the Division 5 Water Court on March 1, 2016 vacating the decree for the Kelly Domestic Well. NOTE: This well is to be located on a residential slte of 60.3 acre(s) described as lot 65, Grass Mesa Ranch Subdivision, Garfield County. Currently the applicant proposes to subdivision lot 55, Grass Mesa Ranch Subdivision, into two (2) parcel(s) being identtfed as lot nos. 55-A and 55.6, Grass Mesa Ranch Subdivision, Garfield County. NOTE: Section 3 is an Irregular 'Short' section. NOTE: Expired permit no. 192297 and canceled permit nos. 225421 and 225421-A were previously Issued for this fol. NOTE: Parcel identification Number (PIN): 23-2403-033-00-044 NOTE: Assessor Tax Schedule Number: R247201 APPROVED DMW Duk / ,r b State Engineer By ,Receipt No. 9504008 DATE ISSUED 03-16-2016 EXPIRATION DATE N/A 950400© RECEIVED Form No. GWS -68 10/2011 EXISTING WELL INFORMATION AND INSPECT I � Dell Di IsionofWater Resources,1313 Sherman St., Ste 821, Denver Fp? Souris s 7 9 7 _2_ 6 *-'f PLEASE COMPLETE THIS FORM IN SLACK INK STATE irNc 1NEER PERMIT NO. -2-2- 2 % '`--,q 9-(6'61/F RECEIPT NO: 7-(6'61 / F r DIV. -WD Existing Well Location: %V� of the -C4"-F-'1/4,-C4"-F-'1/4, Sec, 3 , Twp 7S, Rng 9 144C/I.P,L M. feet from NIaec. line, r6ga feet from the ftfp sec. line; County 6-41"11-` ,e /1 Existing well owner: Name: o-✓�/ 7 '- /� 17' Mailing Address: 44 3 7 / G- RS j 'E f , #( City/State/Zip R r �4 4i. (o g/ es- Telephone: 7 9 3 d 6 Description of parcel (subdKision, lot, bik, fig) 6-x4- /ilk J'4 .-et (`'f Size �. Existing well location a ual conditions: If stating no, please explain Type of Existing WeIITilled and Dug, Spring Well, Gallery Well, Gravel Pit, Other Distance to nearest seek ank/sewer line (approximate) 2 d.4 feet Distance to nearest leach field (approximate) .2 feet Is the well in a clean and sanitary location? Is the well maintained in a clean and sanitary condition? e 1 Is the ground at the surface sloped away from the well for proper drainage? f J Is the surface surrounding the well firm and stable? Is the well situated in a well house or vault? /t"i7 If so, is the well house or vault in good repair and condition? Existing well construction and materials: If stating no please explain Is the well equipped with a sanitary well seal/cap? Is the well constructed with steel casing at the surface? e Does the casin extend at least one (1) foot above the su ace? 'e Casing size 6 in; Es lmated well d pth 3 feet Who constructed well? _W4 7-4 (r�ys ; Who installed pump?. -3/,471 ate/ fa -r—‘7 Currentuses of existing well: Were the existing uses initiated prior to May 8, 1972? �[/H sehofd use in 2_ single-family dwellings at 'ng of poultry and/or domestic animals tering of livestock on farm or ranch; approximately how many head? js-this a feedlot? ; Howally head? awn and/or garden `t3 / Pb square feet _ _ ____Cr° rigation acres ire Protection VCommercial exempt for Other: Estimated date well constructedai /z/baa; Estimated date pump installed 09/37-2 �P47 Estimated date of first use 4.0#.1-_ y /2.fJi ; Estimated flow rate / gpm How many other welts are located on this parcel? /t494 (--t1ses: Permit/Case Nos.: Existing Well Owner Signature: For 'office Use Only Has information above been verified? _ If not, please note accordingly. List any problems you have identified: (if none, please state so) Date: ca Date of inspection: Phone Number Inspected by (print): (signed): Attach photo(s) if available or needed for further evaluation. Additional comments or information on back. Name of Applicant: # 95040 08 Contract #150618GK(a) Map #669 Date Activated 6/18/2015 WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT Quantity of Nater in Acre Peet: 1 Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of C.R.S. 1973, Section 37-45-101, et seq., (hereinafter referred to as the "District') for an allotment contract to beneficially and perpetually use water or water rights owned, leased, or hereafteracquired by the District. By execution ofthis Contract and the attached Application, Applicant hereby agrees to the following terns and conditions: 1. Water Rights', Applicant shall own water rights at the point ofdiversion herein lawfully entitling Applicant to diver water, which will be supplemented and augmented by water leased herein. It -Applicant intends to divert through a well, it must be understood by Applicant that no right. to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources. 3, Quantity: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in acre feat per year of storage water owned or controlled by the District. 11 is understood that any quantity allotted from direct flow, storage or otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all ofthe terms and conditions of this Contract. The District and the Applicant recognize that sotne of the District's decrees may be in the name of the Colorado River Water Conservation District. and the ability of the District to allot direct flow right to tate Applicant may be dependent on the consent of the Colorado River Water Conservation District. lfat any time the Applicant determines it requires fess water than the amount herein provided, Applicant may so notify the District in writing, and the amount of water allotted under this Contract shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly itt following water years only. 3. ,Beneficial Use and Location of Beneficial Use: Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses: industrial, municipal. domestic and related uses, or commercial (except for commercial use from Alsbury Reservoir and except to the extent that Ruedi Reservoir water may not be available for commercial as that terra is defined on Page 5 of Contract No. 2-07-70-W0547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's control. 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir, Green Mountain Reservoir, Alsbury Reservoir, or other works or facilities ofthe District, or from other sources available to the District, shall be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources, and release or delivery of water at # 9504008 such outlet or points shall constitute performance oftheDistrict's total obligation. Delivery ofwaterbythe District from RuediReservoirorGreen Mountain Reservoir shall be subject to the District's lease contracts with the United States Bureau of Reclamation. Releases from other facilities available to 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 in the future, so tong as the water service to the Applicant pursuant to this agreement, is not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (October 1), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water availabte in priority at the original point of diversion of the District's applicable water right, and neither the District, northose entitled to utilize the District's decrees, may call on any greater amount at new or alternate points ofdiversion. The District shall request the Colorado Division of Water Resources to estimate any conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in eaeh case, Water service provided by the District for properties located within the Bluestone and Silt \Vater Conservancy Districts is provided pursuant to Agreements with said Districts. The Intergovernmental Agreement between the District and the Silt Water Conservancy District, dated January 25, 2001, Is recorded as Reception No. 575691, Garfield County Clerk and Recorder's Office. The Intergovernmental Mernorandunt of Understanding between the District and the Bluestone Water Conservancy District, dated April 26, 2001, is recorded as Reception No. 584840, Garfield County Clerk and Recorder's Office. 5. Ajtentate Point of Diversion and Plat of Augmentation: Decrees for alternate points of diversion of the District's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant, The District reserves the right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes In water rights contemplated herein, and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted under this Contract. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall riot be obligated to pay any amount under Paragraph 19 below. In any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof. 6. Contract Payment: Nonrefundable, one time administrative charge, in the amount determined by the Board of Directors of the District from time to time, shall be submitted with the application for consideration by the District. 2 # 9504®00 Annual payment for the water service described herein shall be determined by the Board of Directors ofthe District, The initial annual payment shall be made in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the initial payment shall apply and the price which is applicable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January I. Iran annual payment is not made by the due date a flat $50 late fee will be assessed. Final written notice prior to cancellation wilt be sent certified mail, return receipt requested. to the Applicant at such address as may be designated by the Applicant in writing or set forth in this Contract or Application. Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. If payment is not made within fifteen (15) days after the date of said written notice, Applicant shall at District's sole option have no further right, title or interest under this Contract without further notice, and delivery may be immediately curtailed. The allotment ofwater, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District. Upon cancellation of this water allotment Contract with the District, the District shall notify the Division of Water Resources offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of all water use. 7. Additional Fees and Costs: Applicant agrees to defray any expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8. Assignment: This Contract shall not inure to the benefit oldie heirs, successors or assigns of Applicant, without the prior written consent of the District's Board of Directors. Any assignment of Applicant's rights under this Contract shall be subject to, and must comply with, such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment Contracts. No assignment shall be recognized by the District except upon completion and filing of proper forms for assignment and change of ownership. In the event the water allotted pursuant to this Contract is to be used for the benefit of land which is now or will subsequently be subdivided or held in separate ownership, the Applicant may only assign the Applicant's rights hereunder to: I) No more than three separate owners all of whom shall be party to a well sharing agreement satisfactory to the District; or 2) A homeowners association, water district, water and sanitation district or other special district properly organized and existing under the laws of the State of Colorado, and then, only if such parties, association or special district establishes to the satisfaction of the District that it has the ability and authority to perform the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this Contract have any rights hereunder, except as such rights may exist pursuant to a well sharing agreement or through a homeowners association or special district as provided above. Upon the sale ofthe real property to which this Contract pertains, Applicant shall make buyerawareof this Contract and proper forms for assignment and change of ownership must be completed. 3 # 9504008 9. Other Rules: Applicant shall be bound by the provisions ofthe Water Conservancy Act ofColorado; by therules and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable taw, 10. Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement" with the District under terms and conditions determined by the board of Directors ofthe District, if and when, the Board of said District determines In its sole discretion that such an agreement is required. Said agreement may contain, but shalt not ba limited to, provisions for additional annual monetary consideration for extension of District delivery services and for additional administration, operation, and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant. I . Change of Use: Tile District reserves the exclusive right to review, re -approve or disapprove any proposed change In use of the water 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. 12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described in the documents submitted to the District at the time this Contract is executed, or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above. shall be deemed to be a material breach of this agreement. 13. Title: Et is understood and agreed that nothing herein shall be intetpretcd to give the Applicant any equitable or legal fee title interest in or to any water or water rights referred to herein. 14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict actual diversions to not exceed the contract amount for ordinary household purposes, the watering (al -domestic livestock, fire protection, and the irrigation of lawn and garden as specified in the Application. Applicant shall also comply with all restrictions and limitations set forth in thewell permit obtained from the Colorado Division of Water Resources. Watering of livestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless Applicant obtains approval from the Colorado Division of Water Resources for commercial usellivestock watering, provided that in no event shall actual diversions exceed the amount of water provided by this Contract. Violation of this paragraph 15 shall be deemed to be a material breach of this Contract, 16. Well Permit: if Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well permit before District is obligated to deliver any water hereunder. 17. Measuring Device or Meter: Applicant agrees to provide, at its own expense, a measuring device deemed acceptable by the District's Engineer after consultation. or a totalizing flow meter with remote readout to continuously and accurately measure at all times all '1 # 9504008 water diverted pursuant to the terms ofAppllcanes water right and the terms ofthis Contract. Applicant agrees to provide accurate readings from such device or meter to District upon District's request. Applicant acknowledges that failure to comply with chis paragraph could result in legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. By signing this Contract, Applicant hereby specifically allows District, through its authorized agent, to enter upon Applicant's property during ordinary business hours for the purposes of determining Applicant's actual use of water. 18. Representations; By executing this Contract, Applicant agreesthat it is not relying on any legal or engineering advice that Applicant may believe has been received from the District. Applicant further acknowledges that it has obtained all necessary legal and engineering advice from Applicant's own sources other than the District. Applicant further acknowledges that the District makes no guarantees, warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this Contract. Should the District be unable to provide the water contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund from the District. 19. Costs of Water Court Filing and Augmentation Plan: Should the District, in Its own discretion, choose to include Applicant's Contract herein in a water court filing for alternate point o f divers ion or plan of augmentation, then Applicant hereby agrees to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceedings. Applicant shall be assessed a pro -rata share of the total cost incurred by the District in preparing, filing and pursuing to decree the water court case. The pro -rata share shall be calculated by dividing such total cost by the number of contractees included in the filing. To the extent that the District is caused additional costs because of objection filed specifically due to the inclusion of Applicant's Contract in the filing, such additional costs may be charged specifically to Applicant and not shared on a pro -rata basis by all contractees, 20. BindinRAereermment: This agreement shall not be complete nor binding upon the District unless attached hereto is the forth entitled "Application to Lease Water From West Divide Water Conservancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. All correspondence from the District to Applicant referring to or relating to this agreement is by this reference incorporated into this agreement as further terms and conditions of this agreement. 21, Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMITOR OTHER WATER. RIGHT IN ORDERTO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDERTHIS CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. 22. AREA B. CONTRACTS; IF APPLICANTS WELL OR OTHER WATER RIGHT THAT IS THE SUBJECT OF THIS CONTRACT IS LOCATED OUTSIDE 'AREA A" AS DESIGNATED 13YTHE DISTRICT, THEN THIS PARAGRAPH APPLIES: THE AUGMENTATION WATER PROVIDED BY THE DISTRICT UNDER THIS CONTRACT MAY ONLY PROTECTAPPLICANTS WATER RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER 5 # 9x04008 SENIOR RIGHT. NO REPRESENTATION OTHERWISE IS MADE BY THE DISTRICT. IF THIS IS A CONCERN TO APPLICANT, THIS CONTRACT MAY BE RESCINDED UPON WRITTEN NOTICE DELIVERED TO THE DISTRICT BY THE APPLICANT WITHIN THE NEXT 30 DAYS FOLLOWING THE AFFIXING OF SIGNATURES ON THIS.CONTRACT IN WHICH EVENT ALL SUMS PAID BY APPLICANT FOR THIS CONTRACT SHALL BE IMMEDIATELY REFUNDED TO APPLICANT. COUNTY OF CAurtiid ) ss. ) The foregoing instrument was acknowledged before me on this 5 day of [,TCiP�1 Sl�� STATE OF ) ss. COUNTY OF May Witness my hand and ffeiatseal. My commission expires: DEIRDRE OEANN SOH NOTARY MVC Notary Public STATE OF COMO NOTAtiif tE)20144031472 MYCOMMISSION h S# JGUST12,2018 20 i5 , by 1.91 sr2ot The foregoing instrument was acknowledged before me on this day of , 20 , by . Witness my hand and official seal. My Notary Public ORDER After a hearing by the Board of Directors of the West Divide Water Conservancy District on the application, it is hereby ORDERED that said Application be granted and this Contract shall be and is accepted by the District. a'fTES WEST DIVIDE WATER CO i t VANCY DISTRICT Ry President 111 Date This Contract includes and is subject to the terms and conditions of the following documents which must accompany this Contract: 1. Map showing location of point of diversion (use map provided 2. Application and Data Form fully completed and signed The printed portions of this form, except differentiated additions or deletions. have been approved and adopted by the West Divide Water Conservancy District. Form; WOWCD 01-01-08 CONTRACT. DECLARATION OF WATER WELL USE AND MAINTENANCE OBLIGATIONS THIS DECLARATION is made this day of 2016, by Gary L. Kelly ("Declarant") whose address is 4371 Grass Mesa Road, Rifle, Colorado 81650. WHEREAS, Declarant is the owner of two tracts of land known as Lot 55-A and Lot 55-B, Kelly Subdivision, according to the Final Plat recorded contemporaneously herewith in the Office of the Clerk and Recorder, County of Garfield, State of Colorado (collectively the "Lots"), WHEREAS, Declarant is also the owner of a water well (the "Well") located on Lot 55-A and permitted under Colorado Division of Water Resources Well Permit No. 79726-F for ordinary household purposes inside two single family dwellings, irrigation of not more than 1,000 square feet of home gardens and lawns, and the watering of two domestic animals and a well system to deliver the water to both Lots including a cistern, pump house and pipelines (the "Water System"). WHEREAS, Declarant is also the owner of West Divide Water Conservancy District Contract No. 150618GK(a) for 1 acre foot of water (the "West Divide Contract") which augments the Well. WHEREAS, by this Declaration, it is the intent of Declarant to establish a regime governing the joint use of the Well and Water System by the owners of the Lots (collectively the "Owners"). NOW THEREFORE, Declarant sets forth the regime governing joint use of the Well and Water System by the Owners of the Lots as follows: 1. The Owner of Lot 55-B shall be deemed to own an undivided one-half (1/2) share of the Well permit, Well, West Divide Contract, and the Water System including the related pump, fittings at the Well head, meters (whether existing now or to be installed at a later time), pump house, cistern, foot valves, and any pipes or pipelines and any other structures which are jointly used. 2. The Owner of Lot 55-A shall be deemed to own an undivided one-half (1/2) share of the Well permit, Well, West Divide Contract, and the Water System including the related pump, fittings at the Well head, meters (whether existing now or to be installed at a later time), pump house, cistern, foot valves, and any pipes or pipelines and any other structures which are jointly used. 3. No Owner is deemed to have any ownership right in and to any pipe, pipeline or other structure used or required solely by the Owner of the other Lot which may utilize a portion of the water flowing from this Well and its structures. This Declaration does not relate to such individually owned or used rights or structures. Nothing in this Declaration shall be construed to give any Owner any rights to such non -shared property of the other Owner or to obligate either Owner to pay any costs associated with non -shared structures. 4. The Owners shall cooperate with each other at all times in all matters necessary to promote the proper functioning and use of the Well and Water System to provide an optimum water supply on demand at all times possible based upon the natural availability of water. The Owners shall not waste water and shall endeavor to use no more than their respective share of the available water. At this time, no individual water meters are installed. If at any time after the date of this Declaration, either Owner requires that meters be installed, then each of the Owners shall install meters at their individual expense. Waste or over -use shall be deemed to be a violation of this Declaration for which the non -defaulting owner may seek remedy at law or equity for damages or for injunctive relief or both. 5, The Owner of Lot 55-B shall use no more than one-half (1/2) of the water legally allocated to the Well (i.e., 7.5 g.p.m.) and the Owner of Lot 55-A shall use no more than one-half (1/2) of the water legally allocated to the Well (i.e. 7.5 g.p.m.). Irrigation uses shall be limited to not more than 500 square feet of lawn and garden irrigation on Lot 55-13 and 500 square feet of lawn and garden irrigation on Lot 55-A. In the event the water physically available from the Well is less than the legally available amount, each Owner shall proportionately reduce the consumption of the water to the amount actually available. In no event shall the Well be pumped at a rate exceeding fifteen (15) gallons per minute. Any household use of the Well water must provide for return flow through an onsite waste treatment system of the non -evaporative type, returning the water to the watershed in which the Well is located. 6. Declarant has previously constructed the Well and Water System and has obtained the West Divide Contract. The actual and continuing costs of operation, maintenance, upgrading, cleaning, repairing and all other work required on shared components of the Well and Water System, including electrical charges, to cause the water at the Well to become and remain available to deliver water to the Owners and the annual fee for the West Divide Contract shall be shared by the Owners in proportion to their share of ownership in the Well. This Declaration shall relate only to costs incurred after the date hereof. 7. The Owners agree to cooperate on the future maintenance, operation, repair, replacement or improvement of the Well, Water System and all common facilities. In the event the Owners are unable to agree on any required maintenance, repair, replacement or improvement, either Owner 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 an Owner determines to undertake such work unilaterally, such Owner shall notify the other Owner in writing. The Owner undertaking the work shall, upon completion, provide the other Owner with a written statement of work performed and the other Owner's proportionate share of the cost of same. In the event an Owner fails to pay the proportionate share of any amount due within thirty (30) days after presentment, the Owner 2 which has paid such cost and expense shall be entitled to pursue any remedy available at law or in equity. The Court, in its discretion, may award to the prevailing party Court costs and attorney's fees incurred. 8. Notwithstanding the allocation of the ownership of the West Divide Contract set forth in Paragraphs 1 and 2, the Owner of Lot 55-A shall be considered to be the contact for West Divide Water Conservancy District correspondence and billing. 9. Declarant hereby creates and dedicates to the Owner of Lot 55-B a permanent, non-exclusive easement across the portion of Lot 55-A for a Well and Water System Easement which is identified as "'0' Utility Easement" on the Final Plat of Kelly Subdivision, recorded contemporaneously herewith in the Garfield County Clerk and Recorder's Office, for the Owner of Lot 55-B to receive water from the Well. 10. Each Owner shall not interfere at any time with the proper use by the other Owner of his or her interest in any water structure and shall indemnify and hold harmless the other Owner and users from any loss or damage or injury caused by the acts of the indemnifying owner. 11. The term hereof shall be perpetual. The ownership of the Well and Water System and the easement granted herein is appurtenant to Lot 55-A and Lot 55-B of the Kelly Subdivision and such easement may not be transferred, assigned or conveyed apart or separately from the respective Lot. This Declaration and the provisions contained herein are intended to and shall run with the titles to those real properties described as Lot 55-A and Lot 55-B, Kelly Subdivision, and shall be binding upon and inure to the benefit of the Owners thereof, and their successors and assigns. The laws of the State of Colorado shall govern the validity, effect and construction of this Declaration. This Declaration may not be modified in any manner except by an instrument in writing signed by the Owners of each of the Lots. IN WITNESS WHEREOF, this Declaration is executed this day of , 2016. STATE OF COLORADO COUNTY OF GARFIELD Gary L. Kelly The foregoing instrument was acknowledged before me on this day of , 2016, by Gary L. Kelly. Witness my hand and official seal. My commission expires: Notary Public 3 Ray's Well Done Pump Service, LLC Pu Ips/(s ffos Jel 1 es15 Ray Latham March 23, 2015 Attn: Gary Kelly RE: Well Test @ 4371 Grass Mesa Road/Rifle On 3/23/15, a four hour well test was conducted on a well located at 4371 Grass Mesa Road/Rifle. The following information was obtained: Approx. Well Depth 330' Casing Size 7" steel x 5" X 4" Static Water Level 245 ft. Total Test Time 4 hours Draw Down 264 ft. 7 ins Production 3-4 GPM Test Pump 1/2 HP Remarks: This Is a shared well for three family units. This well is adequate with ample storage. At the time of well test, samples were drawn. Well production and water conditions may vary throughout the calendar year. If there are any questions regarding this well test, please contact me at 970-379-8017. Sincerely, Ray Latham Ray's Well Done Pump Service, LLC 970-379-8017 wellcionepumps@gmail.com Lic. # 1419 P.O. Box 863 Rifle, CO 81650 970-379-8017 tivel ldonepurnps@gmall.com Lle, #1419 e -Hardcopy 2.0 Automated Report LA`D O R AT0 Technical Report for Ray's Well Done Pumps, LLC 4371 Grass Mesa Accutest Job Number: D68980 Sampling Date: 03/23/15 Report to: Ray's Well Done Pumps, LLC PO Box 863 Rifle, CO 81650 welldonepumps@gmail.com ATTN: Ray Latham Total number of pages in report: 17 Test results contained within this data package meet the requirements of the National Environmental Laboratory Accreditation Program and/or state specific certification programs as applicable. Scott Heideman Laboratory Director Client Service contact: Cristina Berrutti 303-425-6021 Certifications: CO (C000049), ID, NE (c000049), ND (R-027), NJ (CO 0007), OK (D9942), UT (NELAP C000049), LA (LA150028), TX (T104704511), WY This report shall not be reproduced, except in its entirety, without the written approval of Accutest Laboratories. Test results relate only to samples analyzed. Mountain Stales • 4036 Youngfield Si. • Wheat Midge, CO 80033-3862 • tel: 303-425-6021 • fax: 303-425-6854 • http://www.accutest.coin 1 of 17 ACCU'T I ST P68980 '"•""'"""° Accutest Laboratories is the sole authority for authorizing edits or modifications to this document. Unauthorized modification of this report is strictly prohibited Sections: Table of Contents -1- Section 1: Sample Summary 3 Section 2: Summary of Hits 4 Section3: Sample J.esult,S..9.............99.4,....4,»0,,...g,,,,..e.08,11.,a,„.,.m...,.,a,.,..ow............,,..,o..,o...,.,,,.. $ 3.1: D68980-1: 4371 GRASS MESA 6 3.: D68980 -1A: 4371 GRASS MESA 8 3.3: D68980 -1B: 4371 GRASS MESA 10 Section 4: Subcontract Lab Data 12 Section 5: Misc. Forms 15 5.1: Chain of Custody 16 2of17 Aou-r6eT D68980 LAB1'AT"'" Accutest Laboratories Sample Summary Ray's Well Done Pumps, LLC 4371 Grass Mesa Job No: D68980 Sample Collected Matrix Number Date Time By Received Code Type Client Sample ID D68980-1 03/23/15 13:10 RL 03/24/15 DW Drinking Water D68980 -1A 03/23/15 13:10 RL 03/24/15 DW D68980 -1B 03/23/15 13:10 RL 03/24/15 DW Drinking Water Drinking Water 4371 GRASS MESA 4371 GRASS MESA 4371 GRASS MESA 3 of 17 ACCLJTEBT. 068980 "°°""°""' Summary of Hits Job Number: D68980 Account: Ray's Well Done Pumps, LLC Project: 4371 Grass Mesa Collected: 03/23/15 Page 1 of 1 Lab Sample ID Client Sample ID Result/ Analyte Qual RL MDL Units Method D68980-1 4371 GRASS MESA Arsenic Calcium Copper Iron Magnesium Manganese Sodium Uranium Chloride Fluoride Nitrogen, Nitrate Nitrogen, Nitrate + Nitrite a Specific Conductivity Sulfate 0.0084 0.0016 32.4 0.80 0.0060 0.0040 1.5 0.020 40.0 0.20 0.089 0.0020 68.5 1.0 0.012 0.00040 46.8 25 0.44 0.10 6.5 0.50 6.5 0.70 586 1.0 34.1 25 D68980 -1A 4371 GRASS MESA Calcium Magnesium Sodium Sodium Adsorption Ratio e mg/l mg/1 nig/1 mg/I mg/1 mg/1 nig/I nig/1 nig/I mg/I nig/1 nig/1 umhos/cm nig/I EPA 200.8 EPA 200.8 EPA 200.8 EPA 200.8 EPA 200.8 EPA 200.8 EPA 200.8 EPA 200.8 EPA 300.0 EPA 300.0 EPA 300.0 EPA 300.0 SM 2510E-2011 EPA 300.0 31.1 2.0 mg/I SW846 6010C 38.6 1.0 nig/I SW846 6010C 64.1 2.0 mg/1 SW846 6010C 1.81 ratio USDA HANDBOOK 60 D68980-111 4371 GRASS MESA Calcium Alkalinity, Total as CaCO3 Corrosivity, Langlier Index Hardness, Calcium c Solids, Total Dissolved pH Temperature (Field) 29.8 279 0.4 74.4 435 7.96 20 0.40 5.0 1.0 10 (a) Calculated as: (Nitrogen, Nitrate) + (Nitrogen, Nitrite) (b) Calculated as: (Na meq/L) / sqrt 1(Ca meq/L) + (Mg meq/L)/2] (c) Calculated as: (Calcium * 2.497) to convert to Calcium Carbonate nig/I mg/1 mg/I mg/I su Deg. C EPA 200.7 SM 2320B-2011 SM16 203 SM 2340E-2011 SM 2540C-2011 EPA 150.1 EPA 170.1 4of17 ACCui EEt 068980 "a°"`"'""' Section 3 LA't3 O R'AT-O' Sample Results Report of Analysis ffix 5 of 17 A UTE91 D13$980 Accutest Laboratories Report of Analysis Page 1 of 1 Client Sample ID: 4371 GRASS MRSA Lab Sample ID: D68980-1 Date Sampled: 03/23/15 Matrix: DW - Drinking Water Date Received: 03/24/15 Percent Solids: n/a Project: 4371 Grass Mesa Total Metals Analysis Analyte Result MCL RL Units DF Prep Analyzed By Method Prep Method Arsenic 0.0084 0.010 0.0016 ing/I 2 03/26/15 03/27/15 NT EPA 200.8 1 EPA 200.8 2 Cadmium < 0.00020 0.0050 0.00020 nig/1 2 03/26/15 03/27/15 NT EPA 200.81 EPA 200.8 2 Calcium 32,4 0.80 mg/1 2 03/26/15 03/27/15 NT EPA 200.81 EPA 200.8 2 Copper 0.0060. 1.3 0.0040 ing/I 2 03/26/15 03/27/15 NT EPA 200.8 1 EPA 200.8 2 Iron 1.5 0,020 ing/I 2 03/26/15 03/27/15 NT EPA 200.81 EPA 200.8 2 Lead < 0.0010 0.015 0.0010 mg/1 2 03/26/15 03/27/15 NT EPA 200.81 EPA 200.8 2 Magnesium 40.0 0.20 nig/I 2 03/26/15 03/27/15 NT EPA 200.8 1 EPA 200.8 2 Manganese 0.089 0.0020 mg/1 2 03/26/15 03/27/15 NT EPA 200.81 EPA 200.8 2 Sodium 68.5 1.0 mg/1 2 03/26/15 03/27/15 NT EPA 200.8 1 EPA 200.8 2 Uranium 0.012 0.00040 mg/I 2 03/26/15 03/27/15 NT EPA 200.8 1 EPA 200.8 2 Zinc < 0.020 5.0 0.020 nig/1 2 03/26/15 03/27/15 NT EPA 200.81 EPA 200.8 2 (1) Instrument QC Batch: MA5936 (2) Prep QC Batch: MP15549 RL = Reporting Limit MCL = Maximum Contamination Level (40 CFR 141) 6of17 ACCiJTESt D68980 `"""""' Accutest Laboratories Report of Analysis Page 1 of 1 Client Sample ID: 4371 GRASS MRSA Lab Sample ID: D68980-1 Date Sampled: 03/23/15 Matrix: DW - Drinking Water Date Received: 03/24/15 Percent Solids: n/a Project: 4371 Grass Mesa General Chemistry Analyte Result MCL Units DF Analyzed By Method Chloride 46.8 mg/1 50 03/24/15 19:54 JB EPA 300.0 Fluoride 0.44 4.0 mg/1 1 03/24/15 14:46 JB EPA 300.0 Nitrogen, Nitrate 6.5 10 mg/I 50 03/24/15 19:54 JB EPA 300.0 Nitrogen, Nitrate + Nitrite a 6.5 mg/1 1 03/24/15 19:54 JB EPA 300.0 Nitrogen, Nitrite b < 0.20 1.0 mg/1 50 03/24/15 19:54 JB EPA 300.0 Specific Conductivity 586 umhos/cnr 1 03/26/15 )D SM 2510B-2011 Sulfate 34.1 ing/I 50 03/26/15 16:37 BP EPA 300.0 (a) Calculated as: (Nitrogen, Nitrate) + (Nitrogen, Nitrite) (b) Elevated detection limit due to matrix interference. MCL w Maximum Contamination Level (40 CFR 141) ■ 7of17 • o ccu� r. Da8980 `""'"""""` Accutest Laboratories Report of Analysis Page 1 of 1 Client Sample ID: 4371 GRASS MESA Lab Sample ID: D68980 -1A Matrix: DW - Drinking Water Project: 4371 Grass Mesa Date Sampled: 03/23/15 Date Received: 03/24/15 Percent Solids: n/a SAR Metals Analysis Analyte Result MCL RL Calcium Magnesium Sodium Units DF Prep Analyzed By Method Prep Method 31.1 2.0 mg/I 1 04/03/15 04/03/15 KV SW846 6010C 1 38.6 1.0 mg/l 1 04/03/15 04/03/15 KV SW846 6010C 1 64.1 2.0 ing/l 1 04/03/15 04/03/15 KV SW846 60100 1 (1) Instrument QC Batch: MA5964 (2) Prep QC Batch: MP15599 SW846 3010A/M 2 SW846 3010A/&4 2 SW846 3010A/M 2 RL = Reporting Limit MCL = Maximum Contamination Level (90 CFR 141) 8of17 ACCUT5ST. 1388980 ""u°""'" Accutest Laboratories Report of Analysis Page 1 of 1 Client Sample ID: 4371 GRASS MESA Lab Sample ID: D68980 -1A Date Sampled: 03/23/15 Matrix: DW - Drinking Water Date Received: 03/24/15 Percent Solids: n/a Project: 4371 Grass Mesa General Chemistry Analyte Result MCL Units DF Analyzed By Method Sodium Adsorption Ratio a 1.81 ratio 1 04/03/15 14:01 KV USDA HANDBOOK 60 (a) Calculated as: (Na meg/L) / sqrt [(Ca meq/L) + (Mg meq/L)/2] MCL = Maximum Contamination Level (40 CFR 141) 9of17 ADCUTE8T 008980 1A6VPATOR19 Accutest Laboratories Report of Analysis Page 1 of 1 Client Sample ID: 4371 GRASS MESA Lab Sample ID: D68980 -1B Date Sampled: 03/23/15 Matrix: DW - Drinking Water Date Received: 03/24/15 Percent Solids: nla Project: 9371 Grass Mesa Total Metals Analysis Analyte Result MCL RL Units DF Prep Analyzed By Method Prep Method Calcium 29.8 (1) Instrument QC Batch: MA5956 (2) Prep QC Batch: MP15588 0.40 ung/l 1 04/01/15 04/01/15 KV EPA 200.71 EPA 200.7 2 RL = Reporting Limit MCL = Maximum Contamination Level (40 CFR 141) 10 of 17 D88980 ,.s". ""' Accutest Laboratories Report of Analysis Page 1 of 1 Client Sample ID: 4371 GRASS MESA Lab Sample ID: D68980 -1B Matrix: DW - Drinking Water Project: 4371 Grass Mesa Date Sampled: 03/23/15 Date Received: 03/24/15 Percent Solids: n/a General Chemistry Analyte Alkalinity, Total as CaCO3 Corrosivily, Langlier Index Hardness, Calcium a Solids, Total Dissolved pH Field Parameters Temperature (Field) Result MCL Units DF Analyzed By Method 279 ing/1 1 03/27/15 TJ 0.4 1 04/06/15 MM 74.4 ing/1 1 04/01/15 15:12 Kv 435 mg/1 1 03/26/15 JP 7.96 Su 1 03/24/15 14:20 TB 20 SM 2320B-2011 SM16 203 SM 2340B-2011 SM 2540C-2011 EPA 150.1 Deg. C 1 04/06/15 MM EPA 170.1 (a) Calculated as: (Calcium * 2.497) to convert to Calcium Carbonate MCL = Maximum Contamination Level (40 CFR 14E) 11 of 17 ACCUTEST D68980 "0 n"""' Section 4 Subcontract Lab Data Report of Analysis 12 of 17 ACCLJ` ES1 068980 1etl'"'""a n c:l u s t Ir' 1 a LABORATORKE Industrial laboratories is your independent, third -party analytical testing laboratory To: Accutest Mountain States (AMS) 4036 Youngfield St. Wheat Ridge CO 80033 Attn: Renea Rooks TEST REPORT ACCUTEST Date Received: 3/24/2015 Date Reported: 3/25/2015 PO Number: D68980X Test Analysis Lab No. Sample Description Method Result Units MDL Date/By 150324011-01A D68980X-1, * Total Coliform Absent KM 3(23!15, 1:10pm SMEWW 9223 B - Colilert 3124!2015 Departm= t Manager Samples recet ed in good condition unless otherwise noted In ease narrative. * = Scope Analysis ti= Subcontracted Analysis MDL = Method Detection Limit ND Not Detected at the Method Detection Limit Page: 1 of 1 4046 Youngfield Street i Wheat flidge,Colorado 60033. (303) 287-969 € . (303) 237-0964 FAX . rrrrw.industriallebs.net Receipt of analysisac'.<nos:4edges the terms anciconclitic3 s, which can b€ fouoad at wv,v induitrialiabs.net This report is not to he reproduced in whole ur in part for advertising purposes without obtaining prior tw itien aukhoriaatirrr'. 13 of 17 ADD JTEST. D08980 CHAIN OF CUSTODY Lora a ACC 4036 Youngfield St., Wheat Ridge, CO 80033 ST 303-425-6021 FAX: 303425-6854 Accutest Job At: 068980X Accutest Quote #: 0 AMS P.O.1F: Project No.: • Client Information Subcontract Laboratory Information Analytical Information Name Accutest Mountain States (AMS) Name Industrial Lab L p- o 0 Comments Address 4036 Youngfield St. Address 4048 Youngfield St. City State Zip Wheat Ridge, CO 80033 City State Zia Wheat Ridge CO 80033 Send Report to: Scott Heideman Any questions contact Renea Rooks Contact Sample Management Phone/Fax#: (303) 425-6021; (303)425-6854 Phone: (303) 287-9691 E,-:.; E Preservation - -D 1 Field ID / Point of Collection Date TIME Matrix set bottles z a' '" E O a D68980X -1 (--)..;.1 3/23/15 1:10 PM DW 1 X i Turnaround Information Data Deliverable Information Comments / Remarks 010 Business Day Standard Approved By: ❑ Other (Days) 0 I. Commercial "A 0 PDF Commercial "B" No Compact Disk Deliverable Please use Colorado regulations and RES. ❑ Commercial "BN" 0 Electronic Delivery: D Reduced Tier 1 Q State Forms 10 Day Turnaround Hardcopy, RUSH Is FAX Data unless previously • Full Tier 1 • Other (Specify) approved. Sample Custody must be documented below each time samples change possession, including courier delivery. For Subcontract Laborartory Use Only Relinquished by: 1 //j Dai e. i Imo: 7/ jr/l 1' I°et By: 1 J pate: me: 1,-3 V -f �/; 5 5C) tail #: Headspece: Yes 0 No 0 NA 0 itellnqutstwd by: / 'Ila 2 me: iie �La a Tune:. 2 `2 Preserved where app cable: CI fteIlnquished by: 3 /bateerrme: ' HAMOIved Uy: -Date &Tam: 3 3 On Ice Temperature °C Section 5 1A00flATI) Misc. Forms Custody Documents and Other Forms Includes the following where applicable: • Chain of Custody 15 of 17 AcGUTEST. D68980 L"'''"f 1" CHAIN OF CUSTODY PAGE OF WM.f."..9......5.,.., ',...6..2 ,......, I 7...u..1...,..., 1 . .(0.1.5 Y....,0.st s,., irtc.ItiZar,Co 14233 1.1,1.5112RATORI-E5 -EL 333 in 3211 177.737 4513 TAX 353 CIS £212 Pota •Ci -ea. Coq, 0 .44,444,43s341 I44,34343A. iD 6 ,g1 To 0Ait1nf9V6I100.-7.1'. ': ' ' ::' ':'''':`'.-" ''' ':'''.. ' -: ..:1-...,7'.e.191kctir?1°,610.110il 7: .::"- .::::-.=-- :-.:'-'-L-.."--C:::::._ ' 7.' ' itil-0:6iii4Os (sfiUit #5til1". :,-."::',. Ikh:.., Codes cilr-4'''et, 4'4' Pore 4v1 se,...,-.L,Pr-i-i" Y 71 f`• et. S e C t L 0 -1 4 I I ....9.' -, •*. cy p V): t9i >< SW • 5.14,,i, WY., SO• SA ol• 01 U0 • 01..112333 SOL-02/yS3541 '327 • Wse F8 FkIl .33,2 Rd- Ai -32E33 -k T3-Er.s.B e•It $, 2.i0 1,,,,,...4.4,. A,,, 4 I2/ s. Le 5 71 GiNc.5 5 AtIes4 /2..1 €2....T, Int....S.A (3{dtio.tfm-ri Re;c411o) ay 5.34 Zs P4 P/e. eV V657 -C37. R,,egie el/- cp6rp P,AV.31C442.1 E-3-333 12, weifeie, A .,-.1 pa 6111... 9. '' ' . 4-°C33.-4PCS14 P3.711/ , SI e-n1,,,..As P1334:4 "FA 4 C{ SA's roiv, 3.3,32..:4133,,NP0c41 k, z a 4-4 .., 12, .3).1 ft -v/7 5r..3—_eP03 Ij 4,)11.— i /..,.. ...,:-.. F.k1 ID I POW! of CoN,cfael 7 1.co-LoivJ 0 c...,s re. s'e'" Nvi. 4 .9,,t,, Y 2 E Y 16-X1 i a 5 Y- 1 1.5,13 USE ONLY ,3,a1, -/s- f :vac, if • TL3,444-"TI=-43S44,,233 5 /.3.3.34.,3123.33.33 '3412K.12,34, XS43•16 &Ili, il 070 ID Cc...=.4.3314A4 5e, II El SIA4F-44.-3 LJ C4.3,34:4•A8441. it 21 p 0 st3.513Jr1-3311:53,3(23-C‘r.:341.-251J P07 O 3 Ds2F2 Ai (El IV225I 414,A 3.4/ I=1 3 3332.EVERGert, CI 25,y EYERCZYC C,,,,Aela 'A' -P...1,5•04, 0 i or, tg...,_ita@oct E—v.v.-. a R•,'TIA,23-134.333'24.,,AIZ:, ST C333144 • 3th • ,-.1.m.,:n1.zdk4.1%.1133c331:4134 1 ...-41es slIzns3p33:2333A-rk.sn-7..e.ra cc.1 r taUrery. Center 3 /41e0 3 ' . Dz. Trne Rec.: 5, 4 5 4.4.0...} 0,1 5 c,t,t,sr..,... N.A.; ±,....1 t ,,.....Afr------ 2, 2- D68980: Chain of Custody Page 1 of 2 91 16 of 17 DS13980 ACCUTES'T 4AaonATani�e Accutest .lob Number: 068980 Accutest Laboratories Sample Receipt Summary Client: RAYS Date 1 Time Received: 3/2912015 12:55:0D PM Cooter Temps (Initial/Adjusted): 111: (2.2/2.2): Caoler Security 1. Custody Seals Present: 2. Custody Seals Intact Cooler Temoeraturq 1. Temp criteria achieved: 2. Cooler temp verification: 3. Cooter media: 4. No. Coolers: Y or N Delivery Method: ❑ 3. COC Present.: ❑ 9. Smpl Dates1Time OK Y or N u ❑ Bar Therm; ice {Bag) Quality Control Preservation Y or N NIA 1. Trip Blank present / cooler: 2. Trip Blank listed on COC: 3. Samples preserved properly. 4. VOCs headspace free: Comments Am,test tabes-asv'izs V.(303) 425-5021 Y or N M ❑ M ❑ Project: AirbIII 1 s: co Sample Intearjty • Documentation 1. Sample labels present on bottles: 2. Container labeling compiete: 3. Sample container label 1 COC agree: Sample Integrity- Condition 1. Sample recvd within HT: 2. NI containers accounted for. 3. Condition of sample: Sample Integrity- Instructions, 1. Analysis requested is clear. 2. Bottles received for unspecified tests 3. Sufficient volume recvd for analysis: 4. Compositing Instructions clear: 5. Filtering instructions clear. 436 Yeurg`eid S'.eet F: (303) 4256854 Y or N 9 ❑ 0 Y or N 0 p ❑ Intact Wheat RAS. CO WN.s'SXu 351.con D68980: Chain of Custody Page 2 of 2 17 of 17 068980 `" "•'a""" Gary Kelly Grass Mesa Subdivision, Lot 55A and 55B Garfield County Parcel # 2403-033-00-044 Waste Water Management Plan and supporting documents Garfield County Sewage Disposal Permit (permit No,3377 ) Sewage Disposal System Application Map of Proposed location Garfield County Sewage Disposal Permit (permit No,3424 ) Sewage Disposal System Application Map of Proposed location �a,-4.. a 1 GARFIELD COUNTY BUILDING AND SANITATION DEPARTMENT . Permit le 3 3 7 7 109 Bih Skeet Suite 303 Assessor's Parcel No. Glenwood Springs, Colorado 81801 INDIVIDUAL SEWAGE DISPOSAL PERMIT PROPERTY' Owrier's Name vl5 f Kj f/ LV System Location �/ J 5'5 t R Legal Description of Assessor's Parcel No, : SYSTEM DESIGN ,;h : Iran Phone (303) 945.8212 Present Address 55C I!► €; J -LI This does not constitute a building or use permit. hone ,37 7 _g Soptio Tank Capaolty (gallon) Other Percolation Hato (minutes/Inch) Number of Bedrooms (or other) 3 f b,.S ! �' LA- cN.H 3 IA) 13C,b 65) erK, X6.7 .' 4/ G 1�t�-s /.J `'s(;6 Required Absorption Area - Sea Attached Special Setback Requirements: r Date ep 20 _ ere, Inspector FINAL SYSTEM INSPECTION AND APPROVAL (as installed) Call for Inspection (24 hours notice) Before Covering Installation System installer I Septic Tank Capacity J'a Soptio Tank Manufacturer or Trade Name Saptio Tank Access within 8" of surface Absorption Area Co -11441)1. Ycs Absorption Area Type and/or Manufacturer or Trade Name Adequate compliance with County and State reguialions/requlremante Other pf Date p Inspector RETAIN WITH RECEIPT RECORDS AT CONSTRUCTION SITE yEs $CONDIT(ONS: 1. All installation must comply with all requirements of the Colorado State Board of Health Individual sewage Disposal Systems Chapter 26, Article 10 C.R.S.1973, Revised 1984. 2. This permit Is valid only for connection to structures which have fully compiled with Countyzoning and buitdtng requtremente. Con noolton to or use with any dwelling oretrudtures not approved byttto Building and Zoning office shall automatically be a violation or a requirement of tha permit and oausa for both legal action and revocation of the permit. 3. Any person who constructs,alters, or tnstalis Individual asWage disposal eyalem in a manner which involves a knowing and materiat variation from the terms or speolfloations contained In the application of permit commits a Class t, Petty Offense (5500.00 fine — 6 months (n Jail or both). Whtte - APPLICANT Yellow - DEPARTMENT • • • • t• 9 ii OWNER ADDRESS INDIVIDUAL SEWAGE DISPOSAL SYSTEM APPLICATION nNff' L • S akiiS gT i` L ea PHONE i20 - 377.307(10 CONTRACTOR ADDRESS _ S �. PHONE PERMIT REQUEST FOR NEW INSTALLATION ( } ALTERATION ( ) REPAIR Attach separate sheets or report showing entire area with respeet to surrounding areas, topography of area, habitable building, location of potable water wells, soil percolation test holes, soil profiles in test holes (See page 4). i Vit~ TIAON .0F PROPOSED FACILITY: Near what City of Town i l e , Ccs Size of Lot 5 . 2 S atter. Legal Description or Address b WASTES TYPE: () DWELLING ( ) TRANSIENT USE ( ) COMMERCIAL OR INDUSTRIAL ( ) NON-DOMESTIC WASTES ( ) OTHER - DESCRIBE BUILDING OR SERVICE TYPE:, 6)F Doe,C,( ,(v5 .nber of Bedrooms 3 Number of Persons (X) Garbage Grinder (3 Automatic Washer (?Q Dishwasher Q1J CE AND TYPE OF WATER_ SUPPLY: Q() WELL ( ) SPRING ( ) STREAM OR CREEK If supplied by Community Water, give name of supplier: DISTANCE TO NEAREST COMMUNITY SEWER SYSTEM: Was an effort made to connect to the Community System? A site plan is required to be submitted that indicates the following MINIMUM distances: Leach Field to Well: 100 feet Septic Tank to Well: 50 feet Leach Field to Irrigation Ditches, Stream or Water Course: 50 feet Septic System to Property Lines: 10 feet YOUR INDIVIDUAL SEWAGE DISPOSAL SYSTEM PERMIT WILL NOT BE ISSUED WITHOUT A SITE PLAN. GROUND CONDITIONS: Depth to first Ground Water Table Percent Ground Slope _. 2 �fl TAPE INDIVID' UAL SEWAGE DISPOSAL SYSTEM PROPOSED: .( SEPTIC TANK - ( ) ) ) FINAL DISPOSAL BY: (>0 () ( ) ( ) VAULT PRIVY NT PRIVY CHEMICAL TOILET ABSORPTION TRE UNDERGROUND DI ABOVE GROUND DI AERATION PLANT ( ) VAULT COMPOSTING TOILET ( ) RECYCLING, POTABLE USE INCINERATION TOILET ( ) RECYCLING, OTHER USE OTHER - DESCRIBE NCH, BED OR PIT SPERSAL SPERSAL OTHER - DESCRIBE ( ) EVAPOTRANSPXRATION ( ) SAND FILTER ( ) WASTEWATER POND WILL EFFLUENT BE DISCHARGED DIRECTLY INTO WATERS OF THE STATE? p?RtrOLATIO i TEST RESULTS: (To be completed by Registered Professional Engineer, if the Engineer does the 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 and telephone of RPE who made soil absorption tests: T le, address and telephone of RPE responsible for design of the system: Applicant acknowledges that the completeness of the application is conditional upon such further mandatory and additional tests and reports as maybe required by the local health department to be made and furnished by the applicant or by the local health department for purposed of the evaluation of the application; and the issuance of the permit is subject to such terms and conditions as deemed necessary to insure compliance with rules and regulations made, information and reports submitted herewith and required to be submitted by the applicant are or will be represented to be true and correct to the best of my knowledge and beliefand are designed to be relied on by the local department of health in evaluating the same for purposes of issuing the permit applled for herein. I further understand that any falsification or misrepresentation may result in the denial of the application or revocation of any permit granted based upon said application and in legal action for perjury as provided by law, Signed Date MO/ ) c9O PLEASE DRAW AN ACCURATE MAP TO YOUR PROPERTY! 3 Designate North Arrow Your Neighbor's Name & Address Csa ct Ck.cr; (dig tries* 2yTJi 5117s"a Your Floc- Shape to Fit (N Scale) ot- 4:k6aAady.Gb 2�a PI 5 nod Locate well, all streams, tmg, * on • c , an• any . courses. Draw in your house, septic tank & system, detached garages, rnc1 driveway. If a change of location is necessary, you must submit a corrected drawing, before a Certificate of Occupation will be issued. Your Neighbor's Name & Address Pd-cr ploy Ram 4i°51 C - .ss S2esag RIZ P2 fo Vto 6-0 County Road (Note the Road Number and Name) r C 1R(1- 3)7 13h) GARFIELD COUNTY BUILDING AND SANITATION DEPARTMENT 109 8th Street Suite 303 Glenwood Springs, Colorado 81601 Phone (303) 945.8212 NDIVIDUAL SEWAGE DISPOSAL PERMIT ' PROPERTY } Owner's Name 1--(t`i' 1 &1,1-1 1A \ Present Address 11155_04)SS 11ttiSN , hlFu ,Phone 956- • Permit N2 3 4 2 4 Assessor's Parcel No. This doss not constitute a building or use permit. it 1 SyVstem Location LI t5CJ I ASs '\ \ ] t - iLegal Description of Assessor's Parcel No i SYSTEM DESIGN 1 5 75Ur,4 1111)1 Septic Tank Capacity (gallon) Percolation Rate (minutes/Inch) Required Absorption Area - See Attached Special Setback Requirements: Date [ .7=7. r Inspector Other Number of Bedrooms (or other) 2 13r 611,T#" A 797 cl'R 2 ti /44.t p fir,) 7ixmc,y 478 r( t,l 4 � - ,ala ( yr) 1t 1; { FINAL. SYSTEM INSPECTION AND APPROVAL. (as installed) CaII for Inspection (24 hours nollco) Before Covering Installation h r 5 !a I J, 41 System Installer "�11���1. C, 1' J Septic) Tank Capacity Pod Septic Tank Manufacturer or trade Name Septic Tank Access within B" of surface Absorption Area - 141,J) 1/ 24g rr-44-414 Absorption Area Type and/or Manufacturer or Trade Name Adequate compliance with County and State regulations/requirements Other TM • Date /(,)'21 Inspector *CONDITIONS; 1. An Installation must comply with all requirements of the Colorado State Board of Health individual Sewage Disposal Systems Chapter 25, Article 10 C.R.S. 1973, Revised 1984. 2. Thls permit is valid only for connection to structures which have fully compiled with County zoning and building requirements. Con- nection to Ouse with any dwelling or structures not approved by the Building and Zoning office shall automatically be a violation or a requirement of tho permit and cause for both tegal action and revocation of the permit. Any person who constructs, alters, or installs an individual seWage disposalsystem to a mannerwhich Involves a knowing and material variation from the terms orspecIlleatIons contained In the application of permit commits a Class I, Patty Offense ($500.00 fine —6 months In 1511 or both). RETAIN WITH RECEIPT RECORDS AT CONSTRUCTION S1TE • 3. PP4_1CANT Yellow- DEPARTMENT �._ INDIVIDUAL SEWAGE DISPOSAL SYSTEM APPLICATION OWNER 10 + Jdv1et 14w hk ADDRESS 'J11a76- A'u.ss esc- RI e Co PRONE ~ sS CONTRACTOR e ADDRESS eu.!M PHONE PERMIT REQUEST FOR NI NEW INSTALLATION ( ) ALTERATION ( ) REPAIR Attach separate sheets or report showing entire area with respect to surrounding areas, topography of area, habitable building, location of potable water wells, soil percolation test holes, soil profiles in test holes (See page 4). LOCATION OF PROPOSED FACILITY: Near what City of Town 1 _1 __ _ Size of Lot 63 , 2 S oxcrcs Legal Description or Address /I S' MescA. tj, Ri 14, Co T14+6-0 WASTES TYPE: (X) DWELLING ( ) TRANSIENT USE ( ) COMMERCIAL OR INDUSTRIAL ( ) NONDOMESTIC WASTES ( ) OTHER - DESCRIBE BUILDING OR SERVICE TYPE._ .! ! . h o,, d sz , ,nber of Bedrooms 0.1 Number of Persons +o 3 Garbage Grinder t Automatic Washer Dishwasher SOURCE AND TYPE OF WATER SUPPLY: . WELL ( ) SPRING ( ) STREAM OR CREEK If supplied by Community Water, give name of supplier: DISTANCE TO NEAREST COMMUNITY SEWER SYSTEM: Was an effort made to connect to the Cornmtmity System? A site plan is required to be submitted that indicates the following MINIMUM distances: Leach Field to Well: 100 feet Septic Tank to Well: 50 feet Leach Field to Irrigation Ditches, Stream or Water Course: 50 feet Septic System to Property Lines: 10 feet YOUR INDIVIDUAL SEWAGE DISPOSAL SYSTEM PERMIT WILL NOT BE ISSUED WITHOUT A SITE PLAN. GROUND CONDITIONS: Depth to first Ground Water Table Percent Ground Slope 2 TYPE OF INDIVIDUAL SEWAGE DISPOSAL SYSTEM PROPOSED: SEPTIC TAN}C VAULT PRIVY PIT PRIVY CHEMICAL TOILET FINAL DISPOSAL BY: AERATION PLANT COMPOSTING TOILET ( INCINERATION TOILET ( OTHER - DESCRIBE ABSORPTION TRENCH, BED OR. PIT UNDERGROUND DISPERSAL ABOVE GROUND DISPERSAL OTHER DESCRIBE VAULT RECYCLING, POTABLE USE RECYCLING, OTHER USE ( ) EVAPOTRANSPIRATION ( ) SAND FILTER ( ) WASTEWATER POND WILL EFFLUENT BE DISCHARGED DIRECTLY INTO WATERS OF THE STATE? PERCOLATION TEST RESULTS; (To be completed by Registered Professional Engineer, if the Engineer does the 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 and telephone of RPE who made soil absorption tests: ie, address and telephone of RPE responsible for design of the system: Applicant acknowledges that the completeness of the application is conditional upon such further mandatory and additional tests and reports as may be required by the local health department to be made and furnished by the applicant or by the local health department for purposed of the evaluation of the application; and the issuance of the permit is subject to such terms and conditions as deemed necessary to insure compliance with rules and regulations made, information and reports submitted herewith and required to be submitted by the applicant are or will be represented to 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 that any falsification or misrepresentation may result in the denial of the application or revocation of any permit granted based upon said application and in legal action for perjury as provided by law. Date PLEASE DRAW AN ACCURATE MAP TO YOUR PROPERTYt t 3 . Designate North Arrow 6R ss (?esa �c Your Neighbor's Name & Address Ct 'hili + C)) -et► i (ocat 14274 Ri c k Ccs 13l10S0 Your Plot /Shape to Fit (No Scale) o „• pu. F1 i4u . (r pru o ""P)5 . s1 Did d%av�dak� 5:64 _ ^ 1.GC..Cn Ti Locate well, all stry n 1i., 14. n r� c' , an any water cour Y.. Draw in your house, septic tank & system, detached garages, and driveway. If a change of location is necessary, you must submit a corrected drawing, before a Certificate of Occupation will be issued. Your Neighbor's Name & Address Pet' zgy c�C 4/66-, C eck.,5 int es a gl b 5'd County Road (Note the Road Number and Name) " s 15 cdc e . 13p1 Fleisher Real Estate Working harder since 1975. July 27, 2016 Kathy Eastley Garfield County, Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Reference: Grass Mesa Subdivision, Lot 55 File Number MISA — 04-16-8446 Dear Ms. Eastley, This letter is to provide to you a response to your letter dated May 5, 2016 addressing technical completeness deficiencies in the application for the above mentioned project. 1. Title commitment has been updated to reflect Gary Kelly as the sole owner of the property. A hard copy has been included in the application binder as well as a linked copy emailed to you directly. 2. A linked copy of the title commitment has been emailed to you directly. 3. 24"x36" copies of the submitted plats have been included in the application binder. 4. A list of mineral owners has been provided as well as a letter from Barbara Clifton, Esq. stating she has researched the mineral owners and determined such to be true. 5. A list of names of the property owner's within 200ft has been provided along with the map provided by Garfield County. 6. The unrelated documents have been removed from the application binder. 7. A copy of the approval resolution (resolution No. 2000-90) for the ADU permit has been included in the application binder under tab No. 2. 8. A Water Supply plan has been provided in the application binder under tab No. 9 and 10. 9. A Wastewater Management Plan has been provided in the application binder under tab No. 9 and 11. 10. Engineering reports, waiver has been provided in the application binder under tab No. 9. www.fleisherrealestate.com 207 Basalt Center Circle, Suite 103 Basalt, CO 81621 Office: 970-927--6828 Fax: 970-927-6828 981 Cowell Drive, Suite B-5 Carbondale, CO 81623 Office: 970-704-1515 Fax: 970-704-1444 1001 Grand Avenue, Suite 201 Glenwood Springs, CO 81601 Office: 970-945-9060 Fax: 970-945-1136 1430-A Railroad Avenue Rifle, CO 81650 Office: 970-625-1838 Fax: 970-625-1530 11. Response to Article 7 Standards provided in the application binder under tab No. 9. 12. Has been provided in the application binder under tab No. 7 and 9. 13. Has been provided in the application binder under tab No. 7 and 9. 14. Seeking waiver to traffic study, provided in application binder under tab No. 9. 15. Project narrative provided in application binder under tab No. 2. 16. Provided in application binder under tab No. 9. 17. Draft version of well agreement provided in application binder under tab No. 10. 18. Documents provided as part of the pre -application conference have been distributed as seen fit in the application binder under tab No. 1-11. 19. Application to the Colorado Geologic survey has been provided in application binder under tab No. 6. Thank you for your assistance with this application. Please feel free to contact me at (970)625- 2255. Sincerely, Paige Haderlie Broker Associate Encl: Letter dated May 5, 2016 from Ms. Kathy Eastley, AICP Garfield County Community Development www.fleisherrealestate.com 207 Basalt Center Circle, Suite 103 Basalt, CO 81621 Office: 970-927-6828 Fax: 970-927-6828 981 Cowen Drive, Suite B-5 Carbondale, CO 81623 Office: 970-704-1515 Fax: 970-704-1444 loot Grand Avenue, Suite 201 Glenwood Springs, CO 816o1 Office: 97o -945-906o Fax: 970-945-1136 1430-A Railroad Avenue Rifle, CO 8165o Office: 970-625-1838 Fax: 97o -625-153o May 5, 2016 Paige Haderlie 1430 A Railroad Avenue Rifle, CO 81650 Garfieid (Couy Community Development 108 8th Street, Suite 401, Ulcnwood Springs, CO 81601 Office: 970-945-8212 Fax: 9701-3R=1-347(1 Reference: Grass Mesa Subdivision, Lot 55 File Number MISA-04-16-8446 Dear Ms. Haderlie; This letter is provided to you as the authorized representative of the owners of a parcel of land located at 4371 Grass Mesa Road in unincorporated Garfield County. The application, submitted on April 26, 2016, requests a Minor Subdivision pursuant to Section 5-301 of the 2013 Land Use and Development Code, as amended (LUDC). The submittal documents were reviewed for technical completeness and Community Development found the following deficiencies in the application materials: 1. The documentation provided is insufficient with regard to ownership. The provision of a death certificate for Bonnie Kelly is not consistent with the deeded name of Bonnie Stokvis. Additional documentation is required to resolve this discrepancy, the Title Commitment also notes that this issue needs to be resolved in paragraph 5 of Schedule B, section 1; 2. Please provide a linked copy of the Title Commitment; 3. The submitted plats could not be reviewed due to scale issues. Please provide two 24" x 36" copies of the submitted plats for review; 4. The application includes a list of mineral owners, please provide an explanation of how this research was completed. Please remember that you must be compliant with state statute that requires that you check for mineral deeds in the offices of the Garfield County Clerk and Recorder - as stated in the Memorandum from the County Attorney's office that was included in the submittal documents; 5. The names and mailing addresses of properties within 200' must be provided, along with a map indicating the location of those properties in conjunction with the subject site. The information you provided was regarding individual properties that may or may not have any connection with the Kelly property. Please see the attached information that can substitute for the information in the application Section F; 6. The application Section H. includes information that is not explained, it cannot be determined how or why these documents were included in the application. Are they supposed to meet some requirement? 7. An ADU permit has been issued for the site, please include a copy of the approval resolution for the ADU. I believe that resolution was provided to you at the pre - application conference; 8. A Water Supply Plan is required pursuant to Section 4-203 M. The information submitted is insufficient to demonstrate that legal and physical water exists to serve the two lots. Please consult Section 7-104 of the LUDC regarding specifics, including the requirement for a qualified individual to determine if the water (legal and physical) is sufficient. This may include pump tests and water quality analysis. Information was submitted during the ADU approval related to the well and a recommendation regarding water storage. These issues need to be discussed, mitigated and resolved prior to moving forward with the review; 9. A Wastewater Management Plan is required. The fact that the lot exists within a "county" subdivision is not a reason to waive this requirement. It would appear that each of the dwelling units have a wastewater management system (ISDS), this is the section of the documentation where copies of the septic permits would be included; 10. Engineering reports are required, the fact that the lot exists within a "county" subdivision is not a reason to waive this requirement. Given that the structures are already constructed this information should be readily available; 11. Response to Article 7, Standards — this section of the code was included in the application materials however there was no analysis on how this application satisfies the required minimum standards. Responses to each of the standards in Divisions 1, 2, and 3 must be provided along with adequate documentation from qualified individuals to support the responses; 12.Access was not discussed — both access from a county road and access via the existing driveway. Information must be provided with regard to the physical qualities of the private road as well as the driveway, including such items as width and road surface — this is necessary to determine if adequate access exists to serve the proposed lot; 13. The Applicant is required to demonstrate that legal access exists from a county road, as well as safe and adequate access to the proposed lot. Is there information related to the private road system in Grass Mesa and the ability of the lots to utilize that access? 14.A Traffic Study was not submitted as required by Section 4-203 L.; 21I age 15. The applicant is required to provide a project description. Perhaps this document could be utilized to explain the subsequent sections of the submittal documentation and how they are to be utilized in the review process; 16.The Applicant is required to demonstrate compliance with the criteria for a minor subdivision contained in Section 5-301 C. 1-11 of the LUDC. The information provided in the submittal documents do not appear to adequately address these criteria; 17. The application includes executed documents for a well sharing agreement and covenants — the properties discussed these documents do not exist but are being requested through this application. The County will review the draft documents and provide comments, however these documents will need to be redone once the applicable properties have been created; 18. The attachments provided as part of the pre -application conference, the resolution etc., were for use in the application — see above comments. In fact the documents are not a part of the pre -application conference summary form and should be removed from this section. The documents were provided to you for analysis and inclusion in the appropriate areas of the application; 19. The submittal documentation did not include an application to the Colorado Geologic Survey, even though a check was provided. An application is attached, please complete it and return with the above information. Please utilize the provided pre -application conference summary, Section V. which discusses the submittal requirements for the application. Please explain what the information is that is being submitted and how that information is to be used to determine that the proposal meets the land use code requirements. Section 4-101 B (2) states that if the Applicant fails to correct the deficiencies within 60 days the application shall be deemed withdrawn. Feel free to contact me with any questions on this review or if you would like to meet to discuss these issues. Sincerely, Kathy Eastley, MCP CC: File Kelly Cave, Assistant County Attorney 3IPage