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HomeMy WebLinkAbout2.0 DD Staff Report 09.16.2016Director Decision, September 16, 2016 Kelly Minor Subdivision Exhibit Letter (A to Z) Exhibits A Public notice Affidavit and Mail Receipts B Garfield County 2013 Land Use Development Code, as amended C Garfield County Comprehensive Plan 2030, as amended D Application E Staff Report F Email dated August 16, 2016 from Wyatt Keesbery, Road & Bridge G Email w/attachments dated August 18, 2016 from Ed Olszewski, West Divide Water Conservation District H Email with attachment, dated August 22, 2016 from Paige Haderlie re: revised Well Sharing Agreement I Letter dated September 2, 2016 from T.C. Wait of Colorado Geologic Survey J Memo dated September 1, 2016 from Scott Aibner, County Surveyor K Letter dated August 31, 2016 from Grass Mesa Homeowners Association L Letter dated September 6, 2016 from Chris Hale, Mountain Cross Engineering M Letter dated September 12, 2016 from Paige Haderlie, Fleisher Real Estate N Email dated September 14, 2016 from Chris Hale, Mountain Cross Engineering 0 Planning Staff review letter dated September 8, 2016 P Letter dated September 15, 2016 from Paige Haderlie, Fleisher Real Estate Q Revised Plat R S T September 16, 2016 Paige Haderlie 1430 A Railroad Avenue Rifle, CO 81650 paige pollardteam.com G-arfield (County Community Development 108 8th Street, Suite 401, Glenwood Springs, CO 81601 Office: 970-945-8212 Fax: 970-384-3470 DIRECTOR DECISION: 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 owner of the Lot 55 in Grass Mesa Ranch, in regard to the above referenced Minor Subdivision application to create Lots 55A and 5B. A decision has been determined based upon the information submitted to approve the application with the following conditions: 1. That all representations made by the Applicant in the application, correspondence, and meetings with county staff, shall be considered conditions of approval unless otherwise amended or changed by the Director. 2. No further subdivision of these parcels is permitted by Minor Subdivision application. 3. The Applicant has 90 days from the date of this decision, until December 9, 2016, to satisfy all conditions of approval and to submit a signed mylar compliant with this approval. The signatures required on the submitted mylar include the owners (notarized), mortgagee (notarized), title company, surveyor, and treasurer. 4. Prior to the Board of County Commissioner signature on the plat the Applicant shall submit, to the Department of Community Development, the recording fees for the plat, in the amount of $11.00 made payable to Garfield County Clerk and Recorder. 5. Prior to the signing of the Minor Subdivision plat, amendments must be made to the plat based upon staff comments dated September 8, 2016 and attached as Exhibit O. 6. Prior to the signing of the plat the Applicant shall provide sufficient documentation 11Page from a qualified professional engineer or water engineer that the water treatment system(s) result in compliance with the minimum safe water drinking standards. 7. Prior to the signing of the plat the Applicant shall provide an executed Driveway Sharing Agreement to be recorded with the Plat. This document shall be subject to review and acceptance by the County Attorney's Office. 8. Prior to the signing of the plat the Applicant shall provide an executed Well Sharing Agreement to be recorded with the Plat. This document shall be subject to review and acceptance by the County Attorney's Office. Notice of this decision will be provided to the Board of County Commissioners who has the ability to `call-up' the application for review at a public hearing. You will be notified of the Board decision once it is received or upon expiration of the 10 day notice period (September 26, 2016). Conditions of approval must be satisfied prior to the signed mylar beings scheduled for Board signature. Feel free to contact myself or Kathy Eastley, the staff planner, if you have any questions regarding this decision. Sincerely, Sheryl Bower, AICP Directr of Community Development Attachment Cc: BOCC File 2 Kelly Minor Subdivision Director Decision — September 16, 2016 PROJECT INFORMATION REQUEST APPLICANT / OWNER REPRESENTATIVE LOCATION SITE DATA WATER/SEWER ACCESS EXISTING ZONING COMPREHENSIVE PLAN Minor Subdivision (2 Lots) Gary Kelly Paige Haderlie 4371 Grass Mesa Road, 3 miles south of Rifle Grass Mesa Ranch Lot 55 — 50.56- acres Parcel No. 2125-251-00-011 Existing Septic Systems and Shared Well Grass Mesa Road Rural Residential Low Density (10+ acres per unit) I. PROPOSAL Vicinity Map The 50.56 -acre parcel currently contains two dwelling units, a single family home and a permitted Accessory Dwelling Unit (Resolution 2000-90). The owner seeks to divide the parcel to create two lots and allow for individual ownership of the two units. The site is currently served by an exempt well, permit number 79726-F for a shared well which was constructed in 2000. Each unit is served by a dedicated Onsite Wastewater Treatment System (OWTS). Access to the site is from CR 319 to a private road owned and maintained by Grass Mesa Ranch. This area was divided in the early 1990's pursuant to SB35 which permits creation of lots greater than 35 - acres without county review. Subsequently numerous lots have been subdivided by the county and numerous accessory dwelling units have also been permitted in the development. 1 Kelly Minor Subdivision Director Decision — September 16, 2016 11. REFERRAL COMMENTS Staff referred the application to the following agencies/County Departments for their review and comment. Comments received are attached as exhibits and incorporated into the memorandum where applicable. 1. Road & Bridge, Exhibit F: Wyatt Keesbery responded that this site is accessed by a private road and therefore Road & Bridge has no comments. 2. County Surveyor, Exhibit J: Scott Aibner had no comments on the plat review. 3. Colorado Geological Survey, Exhibit 1: T.C. Wait of the CGS provided comments that include concerns regarding geology that occurs in the area such as hydrocompaction, landslides and unstable slopes. Future development should include site-specific investigations, sampling and analysis once individual building locations are known. This should contain density, strength, swell/consolidation potential, bearing capacity, groundwater depths and depths to bedrock. These characteristics would determine final design parameters for foundations. 4. Mountain Cross Engineering, Exhibit L: Chris Hale cited several issues that need to be addressed including the fact that a cemetery and an abandoned road are located on the property which may require easements; the 20' easement provided for access and utilities appears to be insufficient and recommend a 30' easement; water quality issues require further professional review regarding treatment; the water system controls need further evaluation. 5. West Divide Water Conservancy District, Exhibit G: Ed Olszewski responded with comments that the District has a contract with Mr. Kelly for two single family dwelling units and noted an inconsistency with regard to water usage in the well sharing agreement. The Applicant responded with a corrected well sharing agreement to resolve the issues noted my Mr. Olszewski, Exhibit H. 6. Grass Mesa Homeowner's Association, Exhibit K: Keith Lammey, Elk Peak Association, is the manager of the Grass Mesa HOA. Mr. Lammey responded that the 55 -acre tract is subject to HOA documents related to subdivision of parcels. This restricts the right of a less than 20 -acre parcel from having an ADU and would be applicable to Lot 55B. Further, subdivision of property in Grass Mesa is subject to a $10,000 special assessment related to road maintenance and improvements due to increases in traffic. The HOA stated that since two units currently exist on the site that the Applicants could instead of paying the assessment opt for a deed restriction on Lots 55A and 55B that would prohibit any additional dwellings or accessory dwelling units on the sites. This would maintain current traffic levels. Agencies who did not respond to the request for comments: Vegetation Management Environmental Health Division of Water Resources Colorado Parks and Wildlife City of Rifle Colorado River Fire Rescue RE2 School District Book Cliff Soil Conservation District Silt Water Conservancy District 2 Kelly Minor Subdivision Director Decision — September 16, 2016 III. RELATIONSHIP TO THE COMPREHENSIVE PLAN Future Land Use Map The subject property is located within the Residential Low Density area of the Future Land Use Map as shown on the map below. This designation recommends a density of one (1) dwelling unit per 10+ acres. The Kelly subdivision proposal, two units on 55 acres, is compliant with this designation. IV. WAIVER REQUEST The Applicant is requesting waiver from 7-207, Access V. REVIEW CRITERIA 5-301 C. Review Criteria. 1. It complies with the requirements of the applicable zone district and this Code. Staff Comment: The Tots proposed to be created by the subdivision comply with the minimum lot size and setback requirements in the of the Rural zone district. 2. It is in general conformance with the Comprehensive Plan. Staff Comment: The site is identified as Residential Low Density designation on the Future Land Use Map. The subdivision proposed is therefore compliant with the recommended 10+ acres per dwelling unit as the lots will be 31.6 and 18.9 -acres. 3. Shows satisfactory evidence of a legal, physical, adequate, and dependable water supply for each lot. Staff Comment: The existing units are served by a sharing well permitted by the Colorado Division of Water Resources and augmented by a West Divide contract. The site has a 1,500 gallon storage tank which was required when obtaining the land use permit for the accessory dwelling unit. Additional information is requested by the reviewing engineer related to the physical water system, including distribution and water quality. Staff is recommending conditions of approval related to provision of additional information on the water system and water quality treatment systems. 4. Satisfactory evidence of adequate and legal access has been provided. 3 Kelly Minor Subdivision Director Decision — September 16, 2016 Staff Comment: Access to the site is from CR 319 to the Grass Mesa road system that was constructed when the 35 -acre development was created. This road system does not meet County standards with regard to road grade, width and other issues. The Applicant has requested a waiver from these road standards as no additional traffic will result from the subdivision of this property as the units currently exist. Waiver of the road standard may be granted as the County approved the ADU which resulted in the increased traffic 5_ Any necessary easements including, but not limited to, drainage, irrigation, utility, road, and water service have been obtained. Staff Comment: All improvements, including utilities and access, are currently in place. The site is subject to an Xcel easement for power lines and the Applicant is proposing a 20' access easement. The access easement is proposed in the location of the 18' existing access road, however the reviewing engineer recommends this easement to be a minimum of 30' in order to include ditches, etc. The LUDC requires a Primitive Driveway ROW of 15' to 30' dependent upon engineering review. Staff recommends a condition of approval that the easement width be 30' and the Applicant has submitted a revised plat indicating a 30' easement, Exhibit Q. As well, a Driveway Sharing Agreement is required to document how the use and maintenance of the access be administered. This document is recommended as a condition of approval. 6. The proposed Subdivision has the ability to provide an adequate sewage disposal system. Staff Comment: Existing sewage disposal systems are in place for each of the units. These systems have been permitted by Garfield County and appear to be sufficient for the dwellings currently on the site. 7. Hazards identified on the property such as, but not limited to, fire, flood, steep slopes, rockfall and poor soils, shall be mitigated, to the extent practicable. Staff Comment: Colorado Geologic Survey responded with a recommendation that any future development on the parcels should require site specific investigations prior to issuance of a building permit. Staff recommends this as a condition of approval. 8_ Information on the estimated probable construction costs and proposed method of financing for roads, water distribution systems, collection systems, storm drainage facilities and other such utilities have been provided. Staff Comment: All infrastructure is currently existing to serve the proposed parcels. 9. All taxes applicable to the land have been paid, as certified by the County Treasurer's Office. 4 KeIIy Minor Subdivision Director Decision — September 16, 2016 Staff Comment: The County Treasurer will be required to certify on the mylar that taxes have been paid. 10. All fees, including road impact and school land dedication fees, shall be paid. Staff Comment: The application is not subject to Traffic Impact Fees as both units currently exist, therefore no new traffic will be generated by approval of the subdivision. Fee in -lieu of Land Dedication for RE -2 School District is also not applicable due to the fact that the unit is currently existing. 11. The Final Plat meets the requirements per section 5-402.F., Final Plat. Staff Comment: Staff has provided requirements for amendment to the proposed plat, Exhibit 0, and these are recommended as a condition of approval. VI. ISSUES Staff and referral agencies have identified several issues that have not been resolved through the review process including the following: 1. HOA Comments — The Grass Mesa HOA will require that the Applicant be subject o a special assessment fee of $10,000 per subdivided lot for damage and impacts to the common elements of the Association. This is directly related to the HOA maintenance of the internal road system for the community. The Applicant may opt to create a deed restriction on the parcels to prevent additional units and related traffic impacts. This may be completed in lieu of paying the assessment fee. Staff has discussed this issue with the County Attorney's Office whose opinion was that this is a private issue between the property owner and the HOA. Mr. KeIIy, the current owner of the property has stated that he is not opposed to having a deed restriction, however the County has no authority to require compliance with the HOA requirements. 2. Adequate Physical Water — Water Quality. It appears that the water quality testing that was completed was at the well, prior to the water being treated by the existing RO systems in place. However, the Applicant has not adequately demonstrated that the lots will have water quality that meets the minimum safe water drinking standards required by the LUDC. The Staff recommends a condition of approval that prior to Board signature of the plat the Applicant shall provide documentation from a qualified professional engineer or water engineer that the safe water drinking standards have been met. 3. Plat Issues were identified in a letter dated September 8, 2016. These issues need to be resolved prior to Board signature on the plat and staff recommends a condition of approval to assure completion of these changes. These plat issues include the requirement to create a sufficient easement around an existing cemetery on the site. 4. Access Waiver Requested — The Applicant has requested a waiver from the provisions of Section 7-107, Access and Roadways. The Grass Mesa Road was constructed for a 35+acres subdivision that was created outside of the County's review process. The roads in the development do not meet the minimum standards of this code section and the 5 KeIIy Minor Subdivision Director Decision — September 16, 2016 Applicant requests waiver due to the fact that lot currently has two residences, a single family unit and an ADU, therefore the proposed subdivision to create individual lots for each unit will not result in an increase in traffic. Staff supports this waiver. - I d-11 FI\AI. PLAY KELLY SUBDIVISION A RESEDDIVISION OF LOT 55, GRASS MESA RANCH LOCATE] IN THE Y2/3N1/2SR'1/4 07 SECTION 3 TOWNSHIP 7 SOUTH. RANGE 93 WEST OF THE 6TH P.M , COUNTY 07 GARFIELD, STATE 07 COLORADO yy .ter.-'^ ==�" ..-- -- Z Is�`14...• -- __...-....- 1 I 1 [ I' I f I' !1 I �... r; r3.,0 I7. ;, �.- = I I_ ri cai v Mil v.,R In ri i '' _ ' --:•.:32.-__ --- " = - r.' - _ �i _ .-....J- . =- y ....._....._ -:ar--.L • ..... .... ..... .. .. -:_.. _...r .�,1,....• »^:..• :ate .:s^v'+'r_r ..T� .........` .-_ • Proposed Plat VII. RECOMMENDED FINDINGS 1. That proper notice was provided as required by the Garfield County 2013 Land Use and Development Code; 2. That the administrative review was extensive and complete, that all pertinent facts, matters and issues were submitted and that adjacent property owners had the ability to be heard regarding this request; 3. That for the above stated and other reasons, the proposed KeIIy Minor Subdivision is in the best interest of the health, safety, and welfare of the citizens of Garfield County if recommended conditions of approval are satisfied; 4. That, upon satisfaction of conditions of approval, the application is in general conformance with the Comprehensive Plan of 2030, as amended. 5. That, upon satisfaction of conditions of approval and granting a waiver from Section 7-107, Access and Roadways, the application has met the requirements of the Garfield County 6 Kelly Minor Subdivision Director Decision — September 16, 2016 2013 Land Use and Development Code, WI1. STAFF RECOMMENDATION Staff finds the proposed Minor Subdivision will comply with the Garfield County 2013 Land Use and Development Code if conditions of approval are satisfied. Staff recommends that the Director of Community Development approve the Kelly Minor Subdivision subject to the following conditions: 1. That all representations made by the Applicant in the application, correspondence, and meetings with county staff, shall be considered conditions of approval unless otherwise amended or changed by the Director. 2. No further subdivision of these parcels is permitted by Minor Subdivision application. 3. The Applicant has 90 days from the date of this decision, until December 9, 2016, to satisfy all conditions of approval and to submit a signed mylar compliant with this approval. The signatures required on the submitted mylar include the owners (notarized), mortgagee (notarized), title company, surveyor, and treasurer. 4. Prior to the Board of County Commissioner signature on the plat the Applicant shall submit, to the Department of Community Development, the recording fees for the plat, in the amount of $11.00 made payable to Garfield County Clerk and Recorder. 5. Prior to the signing of the Minor Subdivision plat, amendments must be made to the plat based upon staff comments dated September 8, 2016 and attached as Exhibit O. 6. Prior to the signing of the plat the Applicant shall provide sufficient documentation from a qualified professional engineer or water engineer that the water treatment system(s) result in compliance with the minimum safe water drinking standards. 7. Prior to the signing of the plat the Applicant shall provide an executed Driveway Sharing Agreement to be recorded with the Plat. This document shall be subject to review and acceptance by the County Attorney's Office. 8. Prior to the signing of the plat the Applicant shall provide an executed Well Sharing Agreement to be recorded with the Plat. This document shall be subject to review and acceptance by the County Attorney's Office. 7 PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the described action. My application required written/mailed notice to adjacent property owners and mineral owners. Mailed notice was completed on the 7,5 day of 2016. All owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorder's office at least 15 calendar days prior to sending notice. All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [list] t!e7 t� -Cita-rr , eedeefc N &C c a-- - ■ Please attach proof of certified, return receipt requested mailed notice. ❑ My application required Published notice. Notice was published on the day of ■ Please attach proof of publication in the Rifle Citizen Telegram. 2016. 0 My application required Posting of Notice. Notice was posted on the day of , 2016. Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I testify that the above information is true and accurate. Name: [ Signature: Date: Wit* viAlt.ot((r'welislte.al•!.70m;(iFp z.e.pog', ; ASP I) R:U FTC 1 AL U S ` , cerunedMallFea $:i.vf( 0543 $ 07 c°aFFcaa{crrc.YWdd ,erea :r QReturn RecetptQwdcopy) $ I1 1l' . 6B ❑Return Recetptietectronc) $ sl ❑CertiRedMal RestActedDee:cry $- ��t r% ElAdultSignatureRequYed S—$ :G l ❑ AduA Signature Restricted De veey $ {y Postage `. $01.47 'faa.-Postago end 156.eoa 47 San! To �Lsst andhjif 700., wlr#boxrim 'SitNY, z M:0 0• .37 Er ✓ 1 m rT) m 13 CJ G3 0 1 r -q O Cegti .4044,..1417, fide U.S. Postal Service" CERTIFIED MAIL® RECEIPT Dimics(irr Mail Only - , e.. 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U.S. 7 ens . eon {caectebu.:ye ['Return Recetpl Qnatdoop'r) $ ❑ Return Receipt (.ieetronc) $ ❑Certified Man Restricted De.very $ ❑A du%VgnalureRequYad $-40r0 Adult Signature Restricted Der ery $—$t�'t�l�_— Postage ke$ar Mt GM rr to ' °stage on 0 kry�} Y3}a- Soni is 7 • 08/23/2016 Vitiote+"rirlig io., or PO tioir7do. tip t M7e"27A+dg V.' ''Igitdr."-:;-agrahlkreiNiiigii.t1WilW.3 ')S RIFLE 330 RAILROAD AVE RIFFLE 81650-9800 08/23/2016 0(800)27548777 10:53 AM Product Description Qtye Price First -Class 1 $0,47 Mail Letter (Domestic) (ASPEN, CO 81612) (Weight:0 Lb 0.50 0z) (Expected Delivery Day) (Thursday 08/25/2016) Certified 1 $3.30 (USPS Certifier) Mall H) (70150640000383190704) Return 1 $2.70 Receipt (USPS Return Receipt 11) (9590940221376132322572) First -Class 1 $0,47 Mail Letter (Domestic) (RIFLE. CO 81650) (Weight:0 Lb 0.40 Oz) '(Expected Delivery Day) (Thursday 08/25/2016) Certified 1 $3.30 (USPS Certified Mail 11) (70150640000383190667) First -Class 1 $0.47 Mail Letter (Domestic) (GAINESVILLE, TX 76241) (Weight:0 Lb 0.50 Oz) (Expected Delivery Day) (Friday 08/26/2016) Certified 1 $3.30 (USPS Certified Mail 0) (70150640000383190674) First -Class 1 $0,47 Mail Letter (Domestic) (RIFLE, CO 81650) (Weight:0 Lb 0.40 Oz) (Expected Delivery Day) (Thursday 08/25/2016) Certified 1 $3.30 (USPS Certified Mail 0) (70150640000383190681) First -Class 1 $0.47 Mail Letter (Domestic) (SILT, CO 81652) (Weight:0 Lb 0.40 Oz) (Expectec! Delivery Dav) (Thursday 08/25/2016) Certified 1 $3,.30 (USPS Certified Mail #) (70150640000383190698) Total $21.55 Cash $22,00 Change ($0.45) Text your trankina riirmhar to 98777 r Fleisher Real Estate Working harder since 1975. 143o -A Railroad Avenue Rifle, CO 81650 CERTIFIED MAIL 93 27 6' 45721755 1 1 11 111 1 1 1 1 1 7015 0640 0003 8319 0704 Grass Mesa Ranch A Colorado Joint Venture P.O Box 1089 Aspen, CO 81612 1000 11 81612 11 U.t POSTAGE RIFLE , 0AUQ 23,16 $6.47 R2304Y122661-07 14 XIE 50S 1 L? -n_ r3 c`11DEw 1 r R. l ATC fn. i3 ;tl V L ^1. 1 1al L iJ ; 1. err, G " 5l65 E6' 3 547 y 126E — e s s . _T -1--4d, 1,11,1111,,11lmti,111.I1,1111111111"'11OiiA,, �ll,1 hry'hH1, Kathy A. Eastley From: Wyatt Keesbery Sent: Tuesday, August 16, 2016 10:42 AM To: Kathy A. Eastley Subject: RE: Kelly Minor Subdivision - Referral Request EXHIBIT Only the receipt shows up, but this is not an issue for us. The whole Grass Mesa area is not maintained by the county, so this would have no effect on Road and Bridge. Wyatt From: Kathy A. Eastley Sent: Monday, August 15, 2016 10:54 AM To: Wyatt Keesbery; Kelly Cave; Steve Anthony; Morgan Hill; saibner@comcast.net; Sullivan - DNR, Megan; kaberry@mines.edu; Scott Hoyer (scott.hoyer@state.co.us); Nathan Lindquist; Chris Hale (chris@mountaincross- eng.com); Orrin Moon; cjay@garfieldre2.org; Prow, Sharie - NRCS, Glenwood Springs, CO; Pearl Knight; water@wdwcd.org; Keith Lammey Subject: Kelly Minor Subdivision - Referral Request Greetings Everyone, The Garfield County Community Development Department has received a land use application for a Minor Subdivision in the Grass Mesa Ranch area south of the City of Rifle. The request is to divide a 55 acre property into two lots which would create individual lots for an existing single family home and an existing Accessory Dwelling Unit. The File Number is MISA-04-16- 8446. You are receiving this email because you are a referral agency or interested party that may have an interest in reviewing and commenting on the application. The County is requesting your comments no later than September 2"d so that those comments can be considered by the Garfield County Community Development Director in making a decision on the request. The attached form provides you details on how to access the application on line. Please review those instructions and then email your comments to Kathy Eastley at keastleyPgarfield- county.com Please feel free to call me if you have any questions about the requested review and/or locating the application on the County website. Kathy Eastley, AICP Senior Planner Garfield County Community Development 108 8th Street, #401 Glenwood Springs, CO 81601 Kath A. Eastle From: Edward Olszewski <ed@ommpc.com> Sent: Thursday, August 18, 2016 11:02 AM To: garykelly4371@gmail.com; Kathy A. Eastley Cc: westdividewater@gmail.com Subject: Kelly Minor Subdivision - Referral Request Attachments: Kelly, Gary.pdf Dear Kathy and Gary: EXHIBIT have reviewed the Kelly Minor Subdivision Application of behalf of the West Divide Water Conservancy District, a referral agency. The Minor Subdivision Application involves the split of a roughly 55 acre lot with a house and ADU into two Tots. One lot will have the primary residence/house on it and the other will have the ADU. Mr. Kelly plans to sell the lot with the ADU once the subdivision is approved. Mr. Kelly did plan appropriately and obtained a West Divide contract to address his lot split. His contract is for 2 single family dwellings and he does have a well sharing agreement in place as required by the District (see attached). However, I did find an inconsistency between the water uses contained in the West Divide contract and a description of uses in the Well Sharing Agreement. The West Divide contract provides for only 1,000 square feet of irrigation (see No. 3 on the West Divide Application and Water Use Estimates Table) , but the well sharing agreement mentions 1 acre of irrigation (see paragraph 5 of the Well Sharing Agreement). The West Divide contract does not provide for that much irrigation water so Mr. Kelly should either amend his West Divide contract or his well sharing agreernenl. Please let me know if you have any questions or concerns. Sincerely, Ed Olszewski Olszewski, Massih & Maurer, P.C. 1204 Grand Avenue P.O. Box 916 Glenwood Springs, CO 81602 (970) 928-9100 (telephone) (970) 928-9600 (facsimile) ed@ommpc.com CONFIDENTIALITY NOTICE: This electronic mail transmission and any accompanying documents contain information belonging to the sender which may be confidential and legally privileged. This information is intended only for the use of the individual or entity to whom this electronic mail transmission was sent as indicated above. If you are not the intended recipient, any disclosure, copying, distribution, or action taken in reliance on the contents of the information contained in this transmission is strictly prohibited. If you have received this transmission in error, please delete this transmission. Thank you. 1 WEST DIVIDE WATER CONSERVANCY DISTRICT APPLICATION TO LEASE WATER 818 Taughenbaugh Blvd. 4101, P. 0. Box 1478, Rifle, CO 81650 970-625-5461 water@wdwcd.org 1. APPLICANT INFORIMATION Name: Gary Kelly Mailing address: 4371 Grass Mesa Road Rifle, CO 81650 Telephone: 970-379-3086 Email: garykelly4371 {a,gmall.com Authorized agent: Pelee Haden". 2. COURT CASE #s: Decree Case No. Augmentation Plan Case No. 3. USE OF WATER RESIDENTIAL Number of main residences: 2 Subdivision: No. constructed units:_ Home garden/lawn irrigation of 1000 Method of irrigation: flood_ sprinkler X other_ Non-commercial animal watering of 2 animals Fire Protection Y Evaporation: Maximum water surface to be exposed: Description of any use, other than evaporation, and method of diversion, rate of diversion, and annual amount of diversion of any water withdrawn from the pond: No. ADU's No. vacant lots total sq. ft. Well Sharing Agreement for multiple owner wells must be submitted. If greater than two owners, application must be made under a homeowners association. COMMERCIAL Number of units: Total sq. ft. of commercial units: Description of use: INDUSTRIAL Description of use: Evaporation: Maximum water surface to be exposed: Description of any use, other than evaporation, and method of diversion, rate of diversion, and annual amount of diversion of any water withdrawn from the pond: DIRECT PUMPING Tributary: Location: 4. SOURCE OF WATER Structure: Vt) a 1` Structure Name: K C J Source: surface storage_ ground water "i Current Permit # 225421--A (attach copy) Contract #150618GK(a) Map #669 Date Activated 6/18/2015 5. LOCATION OF STRUCTURE Garfield NWSW County 3 Section Quarter/quarter 7South Township Range P. M. 93 WestQuarter6th Distance of well from section lines: 1500S 1000W Elevation: 7.DO. Well location address: 4371 Grass Mesa Road Rifle, CO 81650 (Attach additional pages for multiple structures) 6. LAND ON WHICH WATER WILL BE USED (Legal description may berovided as an attachmen n 3 Nwfl SW1/4 5'3 T'7 S 1 1 1-c-, "1r 5 e' -QA -0 11'1e s c. L ,CuNe h Number of acres in tract: 50.563 Incirtsiotr into the District, at Applicant's expense, n:ay be required. 7. TYPE OF SEWAGE SYSTEM Septic tank/absorption leach field X Central System_ Other_ District name: 8. VOLUME OF LEASED WATER NEEDED IN ACRE FEET: 1 (minimum of 1 acre foot except augmentation from Alsbury Reservoir where a lesser amount is allowed) Provide engineering data to support volume of water requested. Commercial, municipal, and industrial users must provide diversion and consumptive data on a monthly basis. A totalizing flow meter with remote readout is required to be installed and usage reported to West Divide. Applicant expressly acknowledges 11 has had the opportunity to review the District's form Water Allotment Contract and agrees this application is made pursuant and subject to the terms and conditions contained there plicant Signature Applicant Signature Application I)ate:. ISSUED AS AREA B CONTRACT YES X NO Printed portions of this form, except differentiated additions or deletions, have been approved and adopted by the West Divide Water Conservancy District Form : WDWCD 2014 APPLICATION State of Colorado Water Resources - View Well Details: Receipt 9500145 Page 1 of 1 Colorado Department of Natural Resources 64Ja J?iq.) et/ Colorado's Well Permit Search Well Constructed Receipt: Permlt #: Well Name / #: Designated Basin: Case Number: WDID: 9500145 225421- -A Division: Water District: County: Management District: 4505625 - KELLY EXEMPT DOMESTIC WELL 5 45 GARFIELD Help Last Refresh: 5/5/2015 12:01:45 AM L[-3 ApplICant/Owners History 1 Date Range Unknown - Present Applicant/Owner Name KELLY GARY & STOKVIS BONNIE Address 4155 GRA55 MESA ROAD City/State/Zip RIFLE, CO 81650- 1 (-] Location Information Approved Well Location: Q40 Q160 Section Township Range PM Footage from Section Lines NW SW 3 7.0S 93.0W Sixth 1500 S 1000 W Northing (UTM y): 4372738.8 Easting (UTM x): 262026.2 Location Accuracy: Spotted from section lines Physical Address City/State/Zip Parcel ID: 23-2403-033-00-044 Subdivision Name GRASS MESA RANCH Filing Block Lot 55 Acres in Tract: 50.56 [-] permit Details Date Issued: 08/14/2000 Use(s): DOMES IIC IRRIGATION Special Use: Area which may be Irrigated: 1 ACRES Maximumannual volume of appropriation: Statute: Permit Requirements: Totalizing Flow Meter No Date Expires: 08/14/2002 AquLl er ALL UNNAMED AQUIFERS (s): Geophysical Log Abandonment Report No No Cross Reference Permit Number Receipt Description Permit(s): 225421-- 0462497 Comments:Replace (deepen) existing well. X -refer file nos. 225421 (38268 -MH) & 192297. Only well on 50.56 acre tract. Limit use to 3 SFD, 1 acre lawn & garden Irrigation & water stock & poultry on farm/ranch. Tax *R247201. dmw 09/14/11 [-) Construction/Usage Details Well Construction Date: 08/22/2000 Well Plugged: Elevation Depth Perforated Casing 357 320 LIc # Name Driller 1095 SHELTON, WAYNE Pump Installation Date: 1st Beneficial Use: (Top) Perforated Casing (Bottom) Static Water Level Pump Rate 340 200 5 Phone Number Address BOX 1059 BASALT, CO 81621 970-927-4182 1 [-] Appltcatlon/Permlt History Well Construction Report Received Well Constructed Application Received Permlt Issued 10/26/2000 08/22/2000 08/14/2000 08/14/2000 l(-] imaged Documents bocument Name Date Imaged Annotated Original Fil. 12/01/2007 No Copyright 07 2009 Colorado Division of Water Resources. All rights reserved. Home 1 Contact Us 1 Help 1 Water Links 1 Cdorado.gov 1 DNR 1 Privacy Panty 1 Transparency Online Protect (TOP) Colarado.gov 1 Contact Us http://www.dwr.state.co.us/WellPermitSearchlView.aspx?receipt=9500145 5/5/2015 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL WATER USE ESTIMATES COLORADO RIVER SERVICE AREA WEST DIVIDE WATER CONSERVANCY DISTRICT APPLICANT:tGary Kelly DWELLING UNITS: IRRIGATED AREA (SQ FT)- COMMERCIAL AREA (SQ FT)' NO. OF LIVESTOCK: ELEVATION (MSL): (3) 2 1,000 2 7000 6 Contract Amount w/ 5% Transit Loss = 0.19 acre feet 7 8 9 Transit Loss= 5.0% 12 Unit Value: Irrigation Diversion (ft) Unit Value: Irrigation C.U. (ft) In House Diversion (AF) In House C.U. (AF) Commercial Diversion (AF) Commercial C.U. (AF) Irrigation Diversion (AF) Irrigation C.U. (AF) Livestock Diversion & C.U. (AF) Total Diversion (AF) Total C.U. (AF) Total Contract Amount (AF) 0.07 0.01 0.00 0.00 0.00 0.00 0.00 0.072 0.012 0.013 0.06 0.01 0.00 0.00 0.00 0.00 0.00 0.065 0.011 0.011 0.07 0.01 0.00 0.00 0.00 0.00 0.00 0.072 0,012 0.013 0.049 0.039 0.06 0.01 0.00 0.00 0.00 0.00 0.00 0.071 0.013 0.013 0.364 0.291 0.07 0.01 0.00 0 00 0.01 0.01 0.00 0.081 0.019 0.020 0.526 0.421 0.06 0.01 0.00 0.00 0.01 0.01 0.00 0.082 0.021 0.022 0.568 0.454 0.07 0.01 0.00 0.00 0.01 0.01 0.00 0.086 0.023 0.024 0.445 0.356 0.07 0.01 0,00 0.00 0.01 0.01 0.00 0.083 0.020 0.021 0.316 0 253 0.06 0.01 0.00 0.00 0.01 0.01 0.00 0.077 0,018 0.018 0.081 0.065 0.07 0.01 0.00 0.00 0.00 0.00 0 00 0.074 0.014 0.014 0.06 0.01 0.00 0.00 0.00 0.00 0.00 0.070 0.012 0.012 0.07 L01 0_00 0000 0.00 0.00 0.00 0.072 0.012 0.013 2.349 1.879 0.78 0.12 0.00 0.00 0.05 0.04 0.02 0.906 0.185 0.195 (1) (2) (3) (4) (5) (6) 80% Irrigation efficiency for sprinkler systems Blaney Cdddle assessment with Pochop adjustments 350 gallons per day per residence 15% consumptive use for ISDS systems 200 gallons per day per 1000 sq ft of commercial space 15% consumptive use for ISDS systems (7) (s) (9) (10) (11) (12) Column (1)' Irrigated area in acres Column (2)' irrigated area In arses Livestock use at 11 gallons per head per day Column (3) + Column (5) + Column (7) + Column (9) plus 5% transit loss Column (4) + Column (6) + Column (8) + Column (9) Column (11) plus 5% transit loss Confidentiality Notice: This spreadsheet, including all attachments, Is for the sole use of the Intended recipients and may contain confidential and privileged information. Any unauthorized review, use, disclosure, copying, distribution or action taken In reliance on the contents of the Information contained in this spreadsheet is strictly prohibited, Thank you. 2008 Colorado River Water Use Estimates.xls ✓DWCD GeoLocation: (39.47570100000001, -107.76445309999997) Functions Geo lookup: enter your GeoLocation and click Go. Legend District Boundariest 1Alsbury Reservoir service area Fourmile service area Silt Mesa service area Rifle Creek and Elk Creek service area _ Colorado River service area t Includes the Bluestone, Silt and West Divide Water Conservancy Districts. Page 1 of: Name of Applicant: Contract #150618GK(a) Map #669 Date Activated 6/18/2015 WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT C-1 A Quantity of Water in Acre Feet: 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 hereafter acquired by the District. By execution of this Contract and the attached Application, Applicant hereby agrees to the following terms and conditions: 1. Water Rights: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water, which will be supplemented and augmented by water leased herein. If 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. 2, 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 feet per year of storage water owned or controlled by the District. It 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 of the terms and conditions of this Contract. The District and the Applicant recognize that some 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 the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein provided, Applicant niay 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 in following water years only. 3. Beneficial User 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 term 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 oldie 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 \ such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi ReservoirorGreen Mountain Reservoir shall be subject to the Districts 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 long 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 I ), 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 available in priority at the original point of diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the Districts decrees, may call on any greater amount at new or alternate points of diversion. 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 each case. Water service provided by the District for properties located within the Bluestone and Silt Water 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 Memorandum 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. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the Districts 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 Applicants 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 altemate point of diversion and deliver them to Applicants intended beneficial use. Irrespective of the amount of water actually transferred to the Applicants 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 not 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: Non-refundable, 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 Annual payment for the water service described herein shall be determined by the Board of Directors of the 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 . Han annual payment is not made by the due date a flat $50 late fee will be assessed. Final written notice prior to cancellation will 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 of water, 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 of the 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: 1) 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 Tess 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 of the real property to which this Contract pertains, Applicant shall make buyer aware of this Contract and proper forms for assignment and change of ownership must be completed. 3 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by therules and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law. 10. Operation and Maintenance A greement: Applicant shall enter into an "Operation and Maintenance Agreement" with the District under terms and conditions determined by the board of Directors of the 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 shall not be 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 I . Change of Use: The 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. I2. 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: It is understood and agreed that nothing herein shall be interpreted 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. I5. Restrictions: Applicant shall restrict actual diversions to not exceed the contract amount for ordinary household purposes, the watering of 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 the well 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 use/livestock 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. Measurins 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 4 water diverted pursuant to the terms of Applicant's water right and the terms of this 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 this 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 agrees that 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 of diversion 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. Binding, Agreement: This agreement shall not be complete nor binding upon the District unless attached hereto is the form 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 PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. lT 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 BY THE DISTRICT, THEN THIS PARAGRAPH APPLIES: THE AUGMENTATION WATER PROVIDED BY THE DISTRICT UNDER THIS CONTRACT MAY ONLY PROTECT APPLICANTS WATER RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER 5 SENIOR RIGHT. NO REPRESENTATION OTHERWISE IS MADE BY THE DISTRICT. IF THIS ISA 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. Applicant STATE OF COUNTY OF The foregoing instrument ) ss. ) Applicant was acknowledged before me on this day of STATE OF ) ) ss. COUNTY OF The foregoing instrument was acknowledged before . Witness my hand and official seal. My commission expires: DEIRDRE DEANN 5CH NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144031472 MY COMMISSION EXPIRES AUGUST 12, 2018 me Notary Public on this day of , 20 5 , by , 20 , by . Witness my hand and official seal. My commission expires: 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. WEST DIVIDE WATER CO' .' VANCY DISTRICT By President 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 Forni fully completed and signed The printed portions of this form, except dilTerentialcd additions or deletions, have been approved and adopted by the West Divide Water Conservancy District. Form: WI) VC:D 01-01-08 CONTRACT. b DECLARATION OF WATER WELL USE AND MAINTENANCE OBLIGATIONS THIS DECLARATION is made this /3-f ay of{%��; 7' 2015, 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. 225421 for fire protection, ordinary household purposes inside not more than three single family dwellings, irrigation of not more than 1 acre of home gardens and lawns, and the watering of 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"). 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-third (1/3rd) 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 two-thirds (2/3rds) 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-third (1/3) of the water legally allocated to the Well (i.e., 5 g.p.m.) and the Owner of Lot 55-A shall use no more than two-thirds (2/3) of the water legally allocated to the Well (i.e. 10 g.p.m.). Irrigation uses shall be limited to not more than one-third (1/3rd) acre of lawn and garden irrigation on Lot 55-B and two-thirds (2/3rds) acre 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 2 proportionate share of any amount due within thirty (30) days after presentment, the Owner 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 "10' 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 55-13, 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 13 day of AU.51.6" ,2015. STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me on this 13 day of AtAci , 2015, by Gary L. Kelly. Witness my hand and official seal. My commission expires: 5/ ) )1 t t 3 Notary Public LINDSEY MARSH NOTARY. PUBLIC STATE'OF COLORADO NOTARY ID #20124012622 My Commission Expires March 1, 2016 Kathy A. Eastley From: Paige Haderlie <paige@pollardteam.com> Sent: Monday, August 22, 2016 3:46 PM To: Kathy A. Eastley Subject: GARY KELLY REVISED SHARED WELL AGREEMENT FOR Water Well Permit, permit no. 79726-F Attachments: Kelly Well Maintenance Agreement.doc EXHIBIT Kathy, Good afternoon. Please let me know if this is the revision you were requesting and if anything additional is required. We will be mailing out public notices tomorrow. Thank you, Paige Paige Haderlie Broker Associate, GRI Fleisher Real Estate 1430A Railroad Ave. Rifle, CO 81650 (970)625-2255 office (970)618-4775 cellular (970)625-1530 fax www.thepollardteam.com ****E-mails sent or received shall neither constitute acceptance of conducting transactions via electronic means nor create a binding contract until and unless a written contract is signed by the parties.**** 1 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-B 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. Gary L. Kelly STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) 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 COLORADO GEOLOGICAL SURVEY 1801 19th Street Golden, Colorado 80401 September 2, 2016 Ms. Kathy Eastley Garfield County Community Development Dept. 108 8th St., Suite 401 Glenwood Springs, CO 81601 Location: NW 1/4 NE '/ of Section 34, T6S, R93W of the 6th PM 39.4888°, -107.7585° Subject: Kelly Minor Subdivision (File No. MISA-04-16-8446) Garfield Countv, CO; CGS Unique No. CA -17-0001 Dear Ms. Eastley: Karen Berry State Geologist The Colorado Geological Survey has reviewed the Kelly Minor referral. The applicant proposes 2 single family residential lots on approximately 55.6 acres located on the south end of Grass Mesa south of Rifle. CGS visited the site on 8/24/16. Included in the referral documents were the referral form (sent 8/16/16), pre -application conference summary sheet (updated 3/31/16), division of land application form (signed 3/31/16), project description letter (Fleisher Real Estate, 6/15/16), preliminary plat (Peak Surveying, 7/31/15), DWR well permit application (8/26/15), County ISDS permit (8/8/00), technical completeness review (Garfield County Community Development, 5/5/16), and response to technical completeness review (Fleisher Real Estate, 7/27/16). No geologic hazard report, geotechnical data, or drainage study was included for CGS review. (Please note, the plat received, as well as the copy on the County website, was at a resolution such that the plat notes and other text were impossible to read.) Two residential structures exist on the site with individual well and septic systems already in place. Based on the referral material, the applicant wishes to divide the northern portion of the site (Lot 55B), including the existing residence, from the southern portion (Lot 55A) so that each residence is on its own lot. No new development is proposed at this time. Based on available published map resources, the site is located on a pediment surface (Grass Mesa) that is an old depositional surface from debris flow material originating from the Battlement Mesa. Large boulders are present throughout the deposit, and may pose difficulty for excavation. The underlying bedrock is the Shire member of the Wasatch Formation (claystones with interbedded sandstones). Subsequent drainage from Battlement Mesa have cut through the pediment surfaces over time, leaving incised gulches to the east and west of Grass Mesa. On the mesa surface, the pediment deposits are largely granular (sands and gravels with some large boulders). Some of this material was may contain significant fine silts and clays that it could pose the potential for hydrocompaction (rapid collapse when wetted under a load) that can damage structures. Along the edge of the mesa, the erosion of the gulches has created complexes of landslides and unstable slopes. Any future development should include site-specific investigations, sampling, and analysis once individual building locations are known. These investigations should be required at the building permit phase of new development to characterize site-specific engineering properties such as density, strength, swell/consolidation GA -17-0001_1 Kelly Minor Subdivision 8:43 AM, 09/02/2016 Kathy Eastley September 2, 2016 Page 2 of 2 potential, bearing capacity, groundwater depths and depths to bedrock, and to determine final design parameters for individual foundations, floor systems, subsurface drainage, and pavements. As it is, no new development is proposed, and the size of the lots is adequate to accommodate the proposed use without undue geologic risk. CGS does not have concerns regarding this subdivision that would preclude its approval. Thank you for the opportunity to review and comment on this project. If you have questions or require further review, please call me at 303-384-2655, or e-mail tcwaitr[i7,lnines.edu. Sincerely, TC Wait TC Wait Engineering Geologist Cc: File GA -17-0001_1 Kelly Minor Subdivision S:43 AM, 09/02/2016 To: Jason Neil - Peak Surveying, Inc. From: Scott Aibner — Garfield County Surveyor Subject: Plat Review — Kelly Minor Subdivision Date: 09/01/16 i EXHIBIT Garfield County SURVEYOR SCOTT AIBNER, P.L.S Jason, Upon review of the Kelly Minor Subdivision Plat, I have no comments or corrections to be made prior to approval for survey content and form. Once all final comments from the Community Development Department have been completed, the Mylar may be prepared for recording. The Mylar shall be delivered to the Community Development office with all private party signatures no later than Monday the week prior to the next commissioner meeting day in order to make that meeting. Sincerely, Scott Aibner Garfield County Surveyor cc Kathy Eastley — Community Development Department 109 8 th Street ,Suite 100E • Glenwood Springs, C081601 • (970)945-1377 • Fax: (970)384-3460 • e-mail:saibner@garfield-countycom .n.Grass Mesa Homeowners Association EXHIBIT An Elk Peaks Managed' .4. sncthth'n fv 'fv.F.,IFReaksAssocrarions.com August 3I, 2016 Ms. Kathy A. Eastley, AICO Senior Planner Garfield County Community Development I08 86 Street, #401 Glenwood Springs, CO 81601 Re: Kelly Minor Subdivision — Referral Request Dear Ms. Eastley: Thank you for inviting the Grass Mesa Homeowners Association to comment on the Kelly Minor Subdivision request, File Number MISA-04-16-8446. As you apparently know, the 55 acre tract that is the subject of the request is located within the Grass Mesa Homeowners Association. Grass Mesa Homeowners Association is a non-profit Colorado corporation which was organized on June 7, 1983. The Association is managed by a three member board of directors and Mr. Michael Meskin is the Association's President. 1 serve as the Association Manager. Tlie current owuei(s) purchased this property, known as '1371 Grass Mesa Road / Section 3, Township 7, Range 93, S2/3N2SVJ, Grass Mesa Ranch Lot 55. on February I3, 2015. Prior to the February 13, 2015 purchase date, the Grass Mesa Homeowners Association formally adopted Resolution No. 2008-03, which was recorded as Record No. 781490 on February 2, 2010. A copy of this recorded document is attached for your review and consideration. Please note that paragraph 2. states: "If the owners(s) of any Lot seeks to submit an application for subdivision with the Garfield County Planning & Zoning Commission, said plan must be first approved by the Grass Mesa Homeowners Association's Architectural Committee. The approval of any subdivision plan shall be binding upon the Architectural Committee's assessments of potential impacts to the common elements owned by Grass Mesa Homeowners Association, the infrastructure required to meet the needs of subdivided lots including, but not limited to, utilities installation, sewage/leach field placements and water accessibility for domestic and irrigation purposes. Said approval shall not be unreasonably withheld." Also note that paragraph 3. states: "If any lot is subdivided into parcel less than 20 acres in size, no accessory dwelling units (ADU) shall be permitted." And that paragraph 4 states: Grass Mesa@ElkPeaks.com 46 East Ridge, Ste. 100, Battlement Mesa, CO 81635 970.285.7482 XL Grass Mesa Homeowners Association An Elk Peaks Managed .Association t •ww.ElkPP.]ksfIsSociations,com "All lots subsequently attaining the approval for subdivision shall pay to the Grass Mesa Homeowners Association a special assessment fee in the amount of $ I0,000 per subdivided lot for damage and impacts to common elements of the Association." The Grass Mesa Homeowners Association strongly believes that the current owners of Lot 55 purchased this property subject to the aforementioned resolution. The Association's Board of Directors, who also serves as the Association's Architectural Committee, discussed this matter in their. August 15, 2016 meeting. The minutes of that meeting show that: a. The Board /Architectural Committee believe that the key provision of this resolution is the "special assessment fee. _of $ I0,000 per subdivided lot for dame and impacts to the common elements of the Association." It is important to note that the Association's primary common element is the Grass Mesa road system and further that road maintenance is the responsibility of the Association and that a significant portion of the road system is the 2.2 mile "lower" Grass Mesa Road that is steep, narrow and very expensive to maintain. The Association is convinced that extra traffic caused by additional residents equates to additional road maintenance expenses. b. The Board /Architectural Committee agreed that its duty is to make decisions that are in the overall best interest of all of the Members of the Association rather than to favor one Member over any other member or group of other Members. c. The Board /Architectural Committee agreed that the purpose of the 8I0,000 special assessment is to cover the Association's increased costs of road maintenance associated with additional residents using the road system. d. The Board / Architectural Committee agreed to allow Lot 55 to he divided into two (2) lots provided that either: i) The current owners of Lot 55 pay the $1.0,000 special assessment fee as required by Resolution No. 2008-03, or ii) To execute a binding deed restriction on each of the subsequent "new" lots, prohibiting any additional dwelling or accessory dwelling units to ever he built on either of the resulting two lots since any additional dwelling or accessory dwelling units would mean more occupants residing on what is now Lot 55 and thus, more wear and tear on the road system and secondarily, would mean more demand on an already fragile water aquifer. In summary, the Grass Mesa Hotneowners Association's Board / Architectural Committee will not approve the division of Lot 55 into two (2) smaller lots unless the current owners agrees to either i) or ii) as stated above. Association Man, er Grass Mesa@ElkPeaks.com 46 East Ridge, Ste. 100, Battlement Mesa, CO 81635 970.285.7482 E GI EERING, INC. Civil and Environmental Consulting and Design lli MOUNTAIN CROSS September 6, 2016 Ms. Kathy Eastley Garfield County Planning 108 Stn Street, Suite 401 Glenwood Springs, CO 81601 RE: Review of the Kelly Minor Subdivision: MISA-04-16-8446 Dear Kathy: EXHIBIT � L This office has performed a review of the documents provided for the Kelly Minor Subdivision. The submittal was found to be thorough and well organized. The review generated the following comments: 1. The plat identifies a cemetery and an abandoned road. The Applicant should explain the history of these features and any potential easements that may be necessary. 2. The width of the driveway is stated to be 18' within a 20' easement that is provided for access and utilities. This width is very narrow to accommodate the 18' width, drainage ditches, and any associated utilities. A 30' width would be more standard. 3. The water quality testing showed that there are some possible issues with contamination levels. The Applicant should hire a professional to evaluate the results and determine the acceptability of the well water or provide recommendations for water treatment. 4. The Applicant should provide more detail on the water system, the materials, the controls, and how the well, the tank, and the water distribution operates. 5. The well agreement splits the capacity of the well between the Owners. The Applicant should verify if there is metering available and if separate water meters are needed. Feel free to call if you have any questions or comments. Sincerely, t n Cross En 1ineeF g, Inc. is Hale, PE 826'/2 Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com �t �eisher Real Estate Working harder since 1975. September 12, 2016 Kathy Eastley Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Response to Letter from Mountain Cross Engineering, Inc. dated September 6, 2016 regarding the Kelly Minor Subdivision: MISA-04-16-8446 Dear Kathy: This letter is a formal response to the letter from Mountain Cross Engineering, Inc. dated September 6, 2016 regarding the Kelly Minor Subdivision: MISA-04-16-8446. The letter identified five areas of concern that generated comments as follows: 1. The plat identifies a cemetery and an abandoned road. This cemetery is where deceased family members of the Bonnie Kelly(deceased) are buried and there is not a historical aspect to the cemetery. 2. The width of the driveway is stated to be 18' within a 20' easement that is provided for access and utilities. Jason Neil with Peak Surveying is making necessary changes to the plat and it will be resubmitted. 3. The water quality testing showed that there are some possible issues with contamination levels. The water was tested at the well head before any water treatment systems. Applicant does have appropriate water treatment systems already in place. There is a whole house filter system on both houses, located in crawl space on the In -coming water supply line as well as a reverse osmosis system under the kitchen sink in both homes. 4. The applicant is providing more detail on the water system, materials, controls, and how each operates; Sequence of operation is as follows: Low water level in storage float turns on well pump to fill storage tank. Water is metered into storage Storage pump maintenances pressure to both homes www.fleisherrealestate.com 207 Basalt Center Circle, Suite 103 Basalt, CO 81621 Office: 970-927-6828 Fax: C70-927-6828 981 Cowen Drive, Suite B-5 Carbondale, CO 81623 Office: 970-704-1515 Fax: 970-704-1441 1001 Grand Avenue, Suite 201 Glenwood Springs, CO 81601 Office: 970-945-9060 Fax: 970-945-1136 1430-A Railroad Avenue Rifle, CO 8165o Office: 970-625-1838 Fax: 9.70-625-1530 Fleisher Real Estate Working {carder since 1975, Components: Well pump is .4hp 1700 gallon storage tank under pump house Storage pump 1/2hp Storage float DU water meter Also provided is a detailed material list from Samuelson Pump CO, Inc. 5. The well agreement splits the capacity of the well between Owners. Pump house Is on a separate electrical meter and water meter is installed to split between both houses. Feel free to call if you have questions or comments. Sincerely, Paige Haderlie, GRI Broker Associate, Representative to Gary Kelly Fleisher Real Estate 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 loos Grand Avenue, Suite 201 Glenwood Springs, CO 81601 Office: 970-945-9060 Fax: 970-945-1136 143o -A Railroad Avenue Rifle, CO 81650 Office: 970-625-1838 Fax: 970-625-1530 SAMUELSON P.O. BOX 297 GLENWOOD SPRINGS COLORADO 81602 PUMP CO. INC. WATER SYSTEMS SALES, SERVICE & INSTALLATION Phone: 945-6309 Fax: 947-9448 CUSTOMER INFORMATION DATE ) NAME 'r: 1.11)1\.}141= -117.01‹ 111.S. p ADDRESS 4 1 '7. C)K .c•; ! 4 =7 hEt- r / (- icO PHONE NO. 3 7'1-..:30 try t W—/ SYSTEM SPECIFICATIONS WELL DEPTH -3 (- CASING SIZE '?J X ' CASING MATERIAL -S WATER LEVEL .!S(: r.•• �S " PUMP SETTING EST. PRODUCTION ( c, pl•,k, DISTANCE & ELEVATION TO HOUSE PUMP GPM 0 PSI BOOSTER PUMP / STORAGE SYSTEMS ITEM QTY. UNIT PRICE TOTAL PRICE STORAGE TANK 1 ?OO GA'-. 00.thV ilAt: l 139'3,7 " BOOSTER PUMP 7,,111,.- fOt' 1 ,(II[ 1 _ `51;3. ---- PUMP DOWN FLOAT W/ WEIGHT 1 MOTOR MINDER Mt]T(it, CI1C=1:. L ?9,10 PUMP UP FLOAT W/ WEIGHT / i f,f1.•--" 99.50 SPLICE BOX W/ACCES / 30 ,- MOTOR MINDER • I PITLESS ADAPTER I 340' 46.-- BULKHEAD FITTING i " ' z DROP CABLE /:L••3•J( -LC. 3fr,--' MAG STARTER ?--5.5:f,0 („ 50 SPLICE KIT FOOT OR CHECK VALVE / GATE VALVE CHECK VALVE 1'° I MISC. FITTNGS / WELL SEAL [ani_ K1 i ivi 15Q,-- MISC. ELECTRIC ac,;-..-- 46, ----- PITLESS /'• II Ib}( ALARM LOW LEVEL TOTAL MATEFI1ALS z_'i11, -- TAX 72 -fri LABOR 4:A.0.. ----- -24'23,44 -TOTAL. BID Submersible Pump System Check List ITEM QTY. UNIT PRICE TOTAL PRICE PUMP MODEL r� I{,- 5 r Ic02,j4 l 634--..-M SUBSURANCE MOTOR MINDER Mt]T(it, CI1C=1:. L 1 i f,f1.•--" MAG STARTER 1 Ye, ,----- SPLICE BOX W/ACCES €J)UC> I iO,-'^' DROP PIPE 1'4. in SCit SO QVC, 340' Z'. 1'?) DROP CABLE /:L••3•J( -LC. 360' 1 ?--5.5:f,0 („ 50 SPLICE KIT TORQUE ARRESTOR / 14 ..,y o CHECK VALVE 1'° I 13. -- WELL SEAL [ani_ K1 i ivi / I ac,;-..-- 46, ----- PITLESS /'• II Ib}( MISC. FITTINGS SUBTOTAL MATERIALS /CZ/AO TAX (;'5., e LABOR 43.0 --"- ;t ///i -1:4 - /fir1:4- SUBTOTAL PUMP 'TANK TANK / WATER LINE WELL MATE 14vr-t 14 CO6 1 ( 3a), -""- y;--- M''..- - - TANK CROSS W/ UNION Or PRESSURE PRESSURE SWITCH 4)... 60 1 /(....--- TANK DRAIN :1 1 1"-C 3 PRESSURE GAUGE /(j(/.Il. 1 RELIEF VALVE "A; 1 2%. ---- WATER LINE UF CABLE 1 2.-- 3/4 iii/.;, 300 r 114---- MISC. FITTINGS I 15.--- MISC. ELECTRIC / ,--2 CJr- u/6, 300 r `M.. ----- SUBTOTAL SUBTOTAL MATERIALS 94/•_(-3 2..r') TAX LABOR 1IO.: --- SUBTOTAL PUMP /1)-5, .30 TOTAL MATERIALS ' TAX LABOR BID , ,,oz 519(1 --- . TOTAL -/- 1/x/ii -1,:, (:(A)"."1 Pr / r.:' Kathy A. Eastley From: Chris Hale <chris@mountaincross-eng.com> Sent: Wednesday, September 14, 2016 2:00 PM To: Kathy A. Eastley Subject: RE: Kelly Minor Subdivision EXHIBIT Kathy: I have reviewed the additional materials provided for the Kelly Minor Subdivision. The letter states that the water is treated by an RO system and that more information would be provided by the Applicant. Please forward once this is received. Thanks in advance. Concerning the cemetery easement: The Applicant provides a 10' radius easement for the cemetery. The Applicant should explain how this size was determined and elaborate on how this easement is sufficient. It is difficult to determine the adequacy of the 10' radius. Concerning the other responses, I have no additional comments. Feel free to call or emails with any questions or comments. Sincerely, Mountain Cross Engineering, Inc. Chris Hale, P.E. 826 1/2 Grand Avenue Glenwood Springs, CO 81601 Ph: 970.945.5544 Fx: 970.945.5558 From: Kathy A. Eastley [mailto:keastley@garfield-county.com] Sent: Tuesday, September 13, 2016 11:46 AM To: Chris Hale (chris@mountaincross-eng.com) <chris@mountaincross-eng.com> Subject: Kelly Minor Subdivision Chris, Attached is a response to your comments, I don't think that they've adequately addressed the issued but that is your call. Thanks. Kathy Eastley, AICP Senior Planner Garfield County Community Development 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-1377 ext. 1580 Fax: 970-384-3470 keastley@garfiercf-county.com Community Development 108 8th Street, Suite 401, Glenwood Springs, CO 81601 nffi cc: 970-945-8212 Fax: 970-384-3470 September 9, 2016 Paige Haderlie 1430 A Railroad Avenue Rifle, CO 81650 paige@pollardteam.com EXHIBIT 0 Reference: Grass Mesa Subdivision, Lot 55 File Number MISA-04-16-8446 Dear Ms. Haderlie; Planning Staff has reviewed the proposed plat for the Minor Subdivision to create Lots 55-A and 55-B and have the following corrections that are required to be made: 1. Entitle the plat as follows: Final Plat Kelly Subdivision A Resubdivision of Lot 55, Grass Mesa Ranch located in the N2/3 N1/2 SW1/4 of Section 3 Township 7 South, Range 93 West of the 6th P.M. County of Garfield, State of Colorado 2. The Colorado Geologic Survey has recommended that a note be added to the plat that any further development on these lots shall require site specific investigations regarding sampling and analysis of the proposed building location. The following note shall be added to the plat; Prior to issuance of a building permit within the subdivision the Applicant shall provide site specific geotechnical investigations of the building site to determine design parameters for foundations, floor systems, subsurface drainage and pavements. 3. Add recording reception number to note 15. 4. Delete note 16 as there is no subdivision improvements agreement associated with this subdivision. Kelly Plat Comments September 9, 2016 5. Add a plat note referencing recorded covenants by reception number. 6. Change all dates in the certificates to 2016. 7. Amend the shared access drive easement to be 30 foot in width. 8. Amend the County Commissioner Certificate based upon the attached correct certificate. 9. Replace the `Mortgagees' Certificate with the Lienholder Certificate attached. Feel free to contact me with any questions on this review or if you would like to meet to discuss these issues. Staff will recommend a condition of approval that these issues be resolved on the plat prior to signature by the Board of County Commissioners. Sincerely, Kathy Eastley, AICP CC: File Kelly Cave, Assistant County Attorney 2I Page Fleisher Real Estate Working harder since 1975. September 14, 2016 Kathy Eastley Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 EXHIBIT r RE: Response to Letter from Mountain Cross Engineering, Inc. dated September 6, 2016 regarding the Kelly Minor Subdivision: MISA-04-16-8446 Dear Kathy: This letter is a formal response to the letter from Mountain Cross Engineering, Inc. dated September 6, 2016 regarding the Kelly Minor Subdivision: MISA-04-16-8446. The letter identified five areas of concern that generated comments as follows: 1. The plat identifies a cemetery and an abandoned road. This cemetery is where deceased family members of the Bonnie Kelly(deceased) are burled and there is not a historical aspect to the cemetery. A 10' radius was determined because only two(2) family members are buried on the property and they are buried side by side, so this 10' radius is sufficient to encompass the burial site. 2. The width of the driveway is stated to be 18' within a 20' easement that is provided for access and utilities. Jason Nell with Peak Surveying is making necessary changes to the plat and it will be resubmitted. 3. The water quality testing showed that there are some possible issues with contamination levels. The water was tested at the well head before any water treatment systems. Applicant does have appropriate water treatment systems already in place. There is a whole house filter system at each house, located in crawl space on the in -coming water supply line as well as a reverse osmosis system under the kitchen sink in both homes. The water treatment system that is currently installed in each home on the property would ensure both Mr. Kelly's home and the secondary home that will be sold to a new buyer will have safe drinking water. 4. The applicant is providing more detail on the water system, materials, controls, and how each operates; 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 81601 Office: 970-945-9060 Fax: 970-945-1136 1430-A Railroad Avenue Rifle, CO 81650 Office: 970-625-1838 Fax: 970-625-153o Sequence of operation Is as follows: Low water level in storage float turns on well pump to fill storage tank. Water is metered into storage Storage pump maintenances pressure to both homes Components: Well pump is Y2hp 1700 gallon storage tank under pump house Storage pump 1/2hp Storage float DU water meter Also provided is a detailed material list from Samuelson Pump CO, Inc. from the installation on September 11, 2000. 5. The well agreement splits the capacity of the well between Owners. Pump house is on a separate electrical meter and water meter is installed to split between both houses. Feel free to call if you have questions or comments. Sincerely, Paige Haderlie, GRI Broker Associate, Representative to Gary Kelly Fleisher Real Estate Encl: Samuelson Pump Co. Inc material list 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 81601 Office: 970-945-906o Fax: 970-945-1136 1430-A Railroad Avenue Rifle, CO 81650 Office: 970-625-1838 Fax: 970-625-1530 SAMUELSON P.O. BOX 297 GLENWOOD SPRINGS COLORADO 81602 PUMP CO. INC. WATER SYSTEMS SALES, SERVICE & INSTALLATION Phone: 945-6309 Fax: 947-9448 CUSTOMER INFORMATION y DATE VII 00 NAME !•�')�.1IJ;,Ir �]:d ��I ADDRESS t;'.5 (f}'/ �ti Mie;7. 11\- 4 (u• wi6`.i() PHONE NO. 3'7' 4.3();'‘, 4 GA Pif f rL SYSTEM SPECIFICATIONS WELL DEPTH 3 CO CASING SIZE rj X ' x. CASING MATERIAL TLT-1;Z.- WATER LEVEL )-'�('--- " PUMP SETTING EST. PRODUCTION '`;'' c, lA DISTANCE & ELEVATION TO HOUSE PUMP GPM PSI BOOSTER PUMP / STORAGE SYSTEMS ITEM ti[),tr4)c.$c,U QTY. UNIT PRICE TOTAL. PRICE STORAGE TANK 1 00 tidmAk.oi AL: ( PUMP MODEL /a, ii r= 7 p4CO2,l1 1 1 1).. .+'-; BOOSTER PUMP g.11,. • /O.) e.()1, If 1 SUBSURANCE 5 ►.l . -- PUMP DOWN FLOAT W/ WEIGHT I qq, i' ) PUMP UP FLOAT W/ WEIGHT / ']/SO SPLICE BOX W/ACCES / ';{Y,— MOTOR MINDER , SPLICE BOX W/ACCES !,.o0() ( PITLESSADAPTER I DROP PIPE fes- J'I BCH 5'O rVC_. 46." -- BULKHEAD FITTING f ii 2. ??-. ?ro QFC, ••'" MAO STARTER FOOT OR CHECK VALVE SPLICE KIT 1 GATE VALVE G, 50 TORQUE ARRESTOR 1 MISC. FITTNGS / /4.•/-.., (} 150,---- -- 'MISC. MISC.ELECTRIC ALARM LOW LEVEL WELL WELL SEAL (, %,. xi wiviatx / `sC, :-' PITLESS flt 1310-x 1 TOTAL MATERIALS 2_1/1 "•. TAX q 1. 4/7 . LABOR 440_,. --Mw - TOTAL BID 13'23.44 / ►' Submersible Pump System Check List ITEM QTY. PRICE UNIT TOTAL PRICE ( PUMP MODEL /a, ii r= 7 p4CO2,l1 1 6.i4. •-- - SUBSURANCE MOTOR MINDER i i0 -1.1-/K C' II (Si. 1 1(, .•' "' MAG STARTER 1 V(,--- - - SPLICE BOX W/ACCES !,.o0() ( 3(j, --- DROP PIPE fes- J'I BCH 5'O rVC_. 340' ??-. ?ro DROP CABLE 17,..3.1Z,vi/C, 30' 2.5s,(0) SPLICE KIT 1 G, 50 TORQUE ARRESTOR 1 /4.•/-.., (} CHECK VALVE I'' 1 13.---- 3.-- -" WELL WELL SEAL (, %,. xi wiviatx / `sC, :-' PITLESS flt 1310-x 1 4C-'---. MISC. FITTINGS - SUBTOTAL MATERIALS 4.`,./(e-40 TAX C 6, f V' LABOR 0.0, --'-"- ;Z/Pi-5S" SUBTOTAL PUMP TANK / WATER LINE WELL MATE wpi 14 um, 1 3R0.7"-- R0 ,-"--TANK TANKCROSS W/ UNION /* 1 1) PRESSURE SWITCH )..- (,C) 1 /(,"- TANK DRAIN '4 I .,(,3 PRESSURE GAUGE /(x) H. 1 {;,""- RELIEF VALVE ?4' 1 29. ---- WATER LINE UF CABLE / J. -- 3 (F 1,10; 36b t /lam .""- MISC. FITTINGS ' ! ',S..-- MISC. ELECTRIC / a _. 2 c1/ ' L,r C., .3co ' '� .,....._,. SUBTOTAL MATERIALS ?f)/. 6-3 TAX Z9 f,2_ LABOR 730 ----- ^---SUBTOTAL SUBTOTAL PUMP /EP •36) TOTAL MATERIALS t ' TAX LABOR flb TOTAL BID As 5''90 ---- /• lM""1,, [-v w- 11,/ t= , 000.1.144 0111,111,1 3 FINK PLAT KELLY SUBDIVISION A RESUBDIVISION OF LOT 55, GRASS MESA RANCH LOCATED IN 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 01 Yid 1.0.10011101.1010) /1 // // // 0 // // // // // . 11. 1 t .,. ... w., Baa r nx Pn„�1g,rI,P,MA,r, 1 -rte mrcnve.m,unrm.mu.••e••°'marnaw.urmuw,.u,mm,..x..oua.mov. mvomx. wnxo oivcn,m w.m g 4A0, .a !.�all._+Ys.':017,471,"=..,, app.... Wan i ma w�WWYYY3.-\ynwO-B,µAatm�,a,m ......•••••••,•0m.9001001;$110.1.)300 01110, enelEraYrJ Matra a• I'm Enver wAsAlms• 2015 Lye:kW% vat LOT 1 ANZerJan WO AM AwW019 • TITLE 0111.11,1.7, cialicuiv 191,1 1? ntormia— :JA,O011011,4,r 1 N GRAPHIC SCALE E mor .e Iwln :Am wags 11,11,0=1,1110.1;n0)001,101111 coutrIvOr xamielleue V142015 .so Rw..oevi r�,n.ira1U GARY L RP11Y GARFIELD COUNIY, COLORADO FINAL PLAT GRASS MESA RANCH LOT 55 4361 GRASS MESA ROAD p.j.:ero. 15UC 1 OF 1