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HomeMy WebLinkAbout1.0 ApplicationHOLGATE/LUTTRELL MINOR
SUBDIVISION APPLICATION
Garfield County, Colorado
February 2017
TABLE OF CONTENTS
Section 1: Application Forms and Documents
Section 2: Background Information and Narrative
Section 3: Technical Documents
Section 4: Compliance with Article 7 Standards
Section 5: Miscellaneous Documents
SECTION 1
Application Forms & Related Documents
Land Use Change Permit Application Permit Form
Payment Agreement Form
Colorado Geologic Survey Form
Application Team
Letter of Authorization
Pre -Application Conference Summary
Garfield County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.Rarfieid-county.com
"TYPE OF SUBDIVISION/EXEMPTION
DIVISIONS OF LAND
APPLICATION FORM
ID Minor Subdivision
Major Subdivision
O Preliminary Plan Amendment
O Sketch ❑ Preliminary ❑ Final
Conservation Subdivision
O Yield 0 Sketch 0 Preliminary 0 Final
❑ Time Extension
❑ Final Plat Amendment
O Common Interest Community Subdivision
O Public/County Road Split Exemption
❑ Rural Land Development Exemption
INVOLVED PARTIES
Owner/Applicant
Na1e: Paul Luttrell Phone: ( 970 ) 319-3302
Mailing Address: 975 Highway 133
City: Carbondale
E-mail: pluttreil@carbondalefire.org
State: CD Zip Code. 81523
Representative (Authorization Required)
Name: Mark Chain Phone: ( 970 ) 309-3655
Mailing Address: 811 Garfield Avenue
City: Carbondale State: CG Zip Code: 81523
E-mail: mchain@sopris.net
PROJECT NAME AND LOCATION
Project Name:
Holgate/Luttrell Minor Subdivision
Assessor's Parcel Number: 2463 - 034
Physical/Street Address: 0074 County Road 111
- 00 _025
Legal Description: Attached
Zone District: Rural "R" Property Size (acres): 485 Ac.
OFFICIAL USE ONLY
File Number: -
Project Description
Existing Use: 2 single-family detached residences plus irrigated pasture
Proposed Use (From Use
Description of Project:
Table 3-403): Dwellings, Single-family plus irrigated pasture
Minor subdivision to create a second lot. Total of two lots.
One additional dwelling will be built on newly created lot. Existing single family structures to remain. Irrigated pasture on northern
portion of prpoerty to remain.
Proposed Development Area
Land Use Type
# of Lots
# of Units
Acreage
Parking
Single Family
2
3
4.85
per code
Duplex
Multi -Family
Commercial
industrial
Open Space
Other
Total
REQUEST FOR WAIVERS
Submission Requirements
El The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List:
Section: Section:
Section: Section:
r -
Waiver of Standards
❑ The Applicant is requesting a Waiver of Standards per Section 4-118. List:
Section: Section:
Section: Section:
I have read the statements above and have provided the required attached information which is
corm nd accurate to the best of my knowledge.
2-01-17
Signatufe of Property Owner Date
Fee Paid: $
LEGAL DESCRIPTION
The Land referred to herein is located in the County of Garfield, State of Colorado, and described as
follows:
A parcel of land situated in Lots 18 and 19 of Section 3, and in Lots 1 and 2 of Section 10, Township 8
South, Range 88 West of the Sixth Principal Meridian,
lying Northerly of the Northerly right-of-way line of a County Road as constructed and in place, being
County Road No. 111, said parcel of land is described as follows:
Beginning at a point on the Northerly right-of-way Iine of said road whence a Rock Corner found in place
and properly marked for the Section Corner common to Sections 2, 3, 10, and 11 bears: N.71°26'56" E.
491.69 feet, thence N, 72°38'00" W. 278.03 feet along said right-of-way line;
thence N. 39°38'00" W. 12.24 feet along said right-of-way line;
thence N. 80°13'00" W. 276.42 feet along said right-of-way line;
thence N. 02°58'25" E. 65.27 feet;
thence S. 82°08'11"E. 40.56 feet;
thence N. 19°32'12" W. 34.58 feet;
thence N. 61°24'07" W. 66.85 feet;
thence S. 88°39'53" W. 54.11 feet,
thence N. 10°53'20" W. 344.60 feet;
thence N. 67°38'00" E. 64.23 feet;
thence S. 81°33'20" E. 77.76 feet;
thence N. 62°27'00" E. 37.12 feet;
thence N. 05°14'00" E. 121177 feet;
thence N. 89°53'00" E. 115.78 feet;
thence S. 28°2627" E. 25.87 feet;
thence S. 13°03'23" W. 92.33 feet;
thence S. 04°30'14" E. 47.86 feet;
thence S. 10022'16" E, 58.89 feet;
thence S. 31°26'00" E. 22.94 feet;
thence S. 21°24'20" E. 246.81 feet;
thence S. 41°27'03" E. 79.33 feet;
thence S. 52°49'00" E. 61-90 feet;
thence S. 65°34'03" E. 171.22 feet;
thence 5.12 feet along the arc of a curve to the right, having a radius of 15.53 feet, the chord of which
bears: S. 08°38'12" E 5.09 feet;
thence 44.22 feet along the arc of a curve to the left, having a radius of 63.88 feet, chord of which bears:
S. 19°02'00" E. 43.34 feet;
thence 73.82, feet along the arc of a curve to the right, having a radius of 80.46 feet, the chord of which
bears: S. 12°35'00" E. 71.26 feet;
thence S. 13°42'00" W. 3.59 feet to a point on the Northerly right-of-way line of said county road, the
point of beginning
Garfield County
PAYMENT AGREEMENT FORM
GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") Paul Luttrell
agree as follows:
1. The Applicant has submitted to the County an application for the following Project:
Minor Subdivision on behalf of Etta Holgate at 0074 CR 111
2. The Applicant understands and agrees that Garfield County Resolution No. 98-09, as
amended, establishes a fee schedule for each type application, and the guidelines for the
administration of the fee structure.
3. The Applicant and the County agree that because of the size, nature or scope of the
proposed project, it is not possible at this time to ascertain the full extent of the costs
involved in processing the application. The Applicant agrees to make payment of the Base
Fee, established for the Project, and to thereafter permit additional costs to be billed to the
Applicant. The Applicant agrees to make additional payments upon notification by the
County, when they are necessary, as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of
consulting service determined necessary by the Board of County Commissioners for the
consideration of an application or additional County staff time or expense not covered by
the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay
additional billings to the County to reimburse the County for the processing of the Project.
The Applicant acknowledges that all billing shall be paid prior to the final consideration by
the County of any Land Use Change or Division of Land.
I hereby agree to pay all fees related to this application:
Billing Contact Person: Pau( Luttrell
Billing Contact Address: 975 Highway 133
Phone: ( 970 ) 319-3302
City: Carbondale State: CO zip Code: $1623
Billing Contact Email: Piuttrell@carbondalefre.org
Printed Name of Person Authorized to Sign: Paul Luttrell
2-01-17
(Signature) (Date)
COLORADO GEOLOGICAL SURVEY SUBMITTAL
FORM FOR LAND -USE REVIEWS
County Garfield
Project Name Holgate/Luttrell Minor Subdivision
Name
Date 2-01-17
APPLICANT
(or Applicant's Authorized Representative responsible for paying CGS -review fee)
Paul Luttrell
Address 975 Highway 133
Carbondale, CO 81623
Ph. No. 970-319-3302 Fax No.
1/4,112, or1/41/4
Section(s)
Township g- s
Range � ti%
Dec Lat
Dec Long
FEE SCHEDULE
(effective June 1, 2009)
Reviews for Counties
Small Subdivision (> 3 dwellings and < 100 acres) $950
Large Subdivision (> 100 acres and < 500 acres) . . $1,550
Very Large Subdivision (500 acres or more) $2,500
Very small residential subdivisions (1-3 dwellings and < 100 acres) $600
Reviews for Municipalities At hourly rate of reviewer
Special Reviews At hourly rate of reviewer
School Site Reviews $S55
CGS LAND USE REVIEWS
Geological studies are required by Colorado counties for all subdivisions of unincorpo-
rated land into parcels of less than 35 acres, under State statute C.R.S. 30-28-136 (1) (i)
(Senate Bill 35, 1972). Some Colorado municipalities require geological studies for sub-
division of incorporated land. In addition, local governments are empowered to regu-
late development activities in hazardous or mineral -resource areas under C.R.S. 24-651-
101 et seq. (.House Bill 1041, 1974) and C.R.S. 344-301 et seq. (House Bill 1529, 1973),
respectively.
Local -government agencies submit proposed subdivision applications and supporting
technical reports to the Colorado Geological Survey "...for evaluation of those geologic
factors which would have significant impact on the proposed use of the land," in accor-
dance with State statutes. The CGS reviews the submitted documents and serves as a
technical advisor to Iocal-government planning agencies during the planning process.
Since 1984, the CGS has been required by Iaw to recover the full direct cost of perform-
ing such reviews.
The adequate knowledge of a site's geology is essential for any development project. It
is needed at the start of the project in order to plan, design, and construct a safe devel-
opment. Proper planning for geological conditions can help developers and future
owners/users reduce unnecessary maintenance and/or repair costs.
Colorado Geological Survey - 1500 Illinois Street, Golden, CO 80401 • Ph: 303-384-2655 • Email: CGS_LUR@mines.edu - ColoradoGeological5urvey.org
created 3115199, revised 11/21/2313
PROJECT TEAM
Owner
Etta Holgate
0074 CR 111
PO Box 441
Carbondale, CO 81623
Applicant
Paul Luttrell
975 Highway 133
Carbondale, CO 81623
970.319.3302
Surveying
Lines in Space
67 Glenwood Avenue
Carbondale, CO 81623
970.963.3852
Planning/Coordination
Mark Chain
Mark Chain Consulting, LLC
811 Garfield Avenue
Carbondale, CO 81623
970.963.0385 (office)
970.309.3655 (cell)
mchain@sopris.net
Engineering
Boundaries Unlimited.Inc.
Bruce D. Lewis, PE
923 Cooper Ave. Ste. 201
Glenwood Springs 1 CO 1 81601
(970) 945-5252 Ext 2
bruce@bu-inc.com
Foundation/Septic Suitability
H -P Kumar.
5020 CR 154
Glenwood Springs, CO 81601
970.945.7988
February 1, 2017
Dave Pesnichak, Senior Planner
Garfield County Department of Community Development
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE: Holgate/Luttrell Minor Subdivision
Dear David:
The purpose of this letter is to inform you that Paul Luttrell and I have a contract which
would allow him to purchase an approximately 2.07 acre parcel for the purposes of
building a single-family home. In order to accomplish this, we are working together to
submit a Minor Subdivision Application with Garfield County and get approval to create
this extra lot from my present property_ Paul has the authority to act as applicant and sign
all related paperwork with the County related to this application.
Sincerely,
C
Etta L .Holgate
PO Sox 441
Carbondale, CO 81623
February 1, 2017
Dave Pesnichak, Senior Planner
Garfield County Department of Community Development
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE: Holgate/Luttrell Minor Subdivision
This letter authorizes Mark Chain of Mark Chain Consulting, LLC to submit an
application for a Minor Subdivision for property owned by Etta Holgate and act as
representative for the application. The subject property is approximately 4.85 acres in
size and is located adjacent to CR 111 just south of the Town of Carbondale. The
subdivision, if approved, will result in a total of 2 lots.
Sincerely,
Etta L .Holgate
PO Box 441
Carbondale, CO 81623
Paul Luttrell
975 Highway 133
Carbondale, CO 81623
Garfield County
Community Development Department
108 8th Street, Suite 401
GIenwood Springs, CO 81601
(970) 945-8212
www.garfield-countv.com
PRE -APPLICATION
CONFERENCE SUMMARY
TAX PARCEL NUMBER: 246303400025
PROJECT: Holgate Minor Subdivision
OWNER/APPLICANT: HOLGATE, ETTA L
PRACTICAL LOCATION: The site is located adjacent to the Town of Carbondale, at 24 111
COUNTY RD CARBONDALE. The property is accessed off of County Road 111.
TYPE OF APPLICATION: Minor Subdivision
ZONING: Rural - Minimum Lot Size 2 Acres
SIZE: 4.83 acres
DATE: 7-22-16
I. GENERAL PROJECT DESCRIPTION
The Applicant is planning for a minor subdivision to split the 4.83 acre property into two lots
of approximately 2 acres and 2.83 acres in size. The site is zoned Rural with two dwelling
units on the property. Both of the dwelling units appear to be legal non -conforming with one
built in 1962 and one built in 1935.
As a subdivision would require a demonstration of legal and adequate water for each of the
proposed parcels (2 acre and 2.83 acre parcels), Staff encourages the applicant to discuss
the subdivision with the Division of Water Resources (DWR) (Contact Dwight Whitehead at
the DWR at 970-945-5665 ext. 5011) prior to submitting an application for subdivision with
the County. In addition, a water quality test and pump test will need to be conducted prior to
application in accordance with Section4-203(M)(1)(b)(5)(c). The applicant may request that
water quality and quantity tests be conducted as conditions of approval. All conditions of
approval must be completed within 1 year of approval. The subdivision cannot be finalized
until all necessary conditions of approval are satisfied.
It is understood that each parcel will be served by an OWTS. The applicant will need to
submit soils information on the new parcel indicating that the ground is capable of handling
t
the new system (see enclosed from NRCS). In addition, the Applicant is proposing to install
a new septic on the 2 acre parcel. The adequacy of the wastewater disposal on for the
existing units on the 2.83 acre parcel will need to be verified with the application materials.
Such verification will need to include issued County septic permits and/or a demonstration
that the septic system is adequately sized for the number of bedrooms it is serving.
Each parcel must demonstrate Tong -term legal and physical access to a public road. Any
existing driveway permits with Garfield County Road and Bridge Department will need to be
submitted with the application. All access roads and driveways also need to be demonstrated
to conform to the dimensional requirements in Section 7-107 of the LUDC. In addition, all
future driveways and access roads will need to be built to the standards outlined in Section
7-107. Any shared access roads or driveways to public roads will need to be constructed
prior to signing of the plat as conditions of approval and may require easements from current
or future adjacent property owners. The applicant is encouraged to contact Garfield County
Road and Bridge to discuss the feasibility of accessing the public roadway prior to submittal
of the subdivision application to the County.
The applicant will need to create a plat for the subdivision. The applicant will need to insert
Certificates as prescribed by the County for the necessary signatures (see attached). In
addition, the applicant should review the list of common plat notes and include any that are
applicable to this subdivision (see attached). The plat will need to include all information as
described in Section 5-402(F), including the name and addresses of the surface owners and
mineral estate. The applicant will also need to submit a title commitment for the subject
property and ensure that the plat states that all easements and encumbrances identified in
the commitment are accurately shown on the plat.
It is understood that no CCR's affect the subject property and that no CCR's are proposed.
If this is the case, the applicant will need to request a waiver from this submittal requirement.
The LUDC also requires an engineer's report for: (A) Roads, Trails, Walkways and Bikeways;
(C) Sewage Collection and Water Supply and Distribution System; (E) Groundwater
Drainage and (H) Preliminary Cost Estimates for Improvements.
II. COMPREHENSIVE PLAN
The property is designated in the County Comprehensive Plan as within the Town of
Carbondale Urban Growth Area. The property is also within the Carbondale area of
influence.
III. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS
The following Sections of the Garfield Land Use and Development Code are applicable to
the proposed application:
• Section 5-301 Minor Subdivision (including review criteria) — a legal lot existing at the
time of adoption of the Land Use and Development Code as amended (adopted in
2
712013) is eligible to utilize the Minor Subdivision Process once so long as it is not
evading the major subdivision process.
• Table 5-103 Common Review Procedures and Required Notice
• Section 5-401 and Table 5-401 Submittal Requirements
• Section 5-402 Description of Submittal Requirements including Final Plat
• Section 4-103 Administrative Review (including public notice)
• Section 4-203 Description of Submittal Requirements (as applicable)
• Provisions of Article 7, Divisions 1, 2, 3 and 4, as applicable including site planning
and subdivision standards.
• Section 4-202, Submittal Waivers and Section 4-118, Waivers from Standards as
applicable or needed.
1V. SUBMITTAL REQUIREMENTS
Outlined below is a list of information typically required for this type of application:
• General Application Materials including copy of the application form, application fees,
signed Payment Agreement Form.
• Proof of Ownership (title work, copy of a deed) and information on any lien holders.
• A narrative describing the request and related information.
• Names and mailing addresses of properties within 200 ft. of the subject property.
• Mineral rights ownership for the subject property including mailing addresses
(description of how mineral rights were researched is recommended).
• If owner intends to have a representative (Planner or Attorney) a letter of authorization
to represent is needed.
• Copy of the Pre -application Summary needs to be submitted with the Application
• Vicinity Map including areas within approximately 3 miles.
• The Proposed Minor Subdivision Plat showing the proposed lot lines and all
easements existing and proposed including utility and access easements.
• Site Plan and related information (some may also be shown on the proposed plat)
including topography. Waiver requests to only show topography on the developable
portion of the lots and on the access driveways may be considered.
• The site plan/plat should include improvement location information adequate to
confirm that no nonconforming conditions will result from the proposed subdivision.
• Water Supply Plan including information on legal water (well permits), well pump test
along with water quality testing. The plan needs to address the water supply for both
lots.
• Waste Water Management Plan need to include information on the existing OWTS
and as appropriate information on the feasibility of a future system on the proposed
lot (soils information and any constraints such as ground water).
• Any existing or proposed covenants on the property.
• Information as applicable to demonstrate compliance with provisions of Article 7
Standards. Application formatting that addresses each section of Article 7 is
recommended.
3
• Information on the adequacy of the existing
access driveways to serve the proposed lots to
meet the dimensional standards in Section 7-
107.
• Cost estimates for any major improvements
such as roadway upgrades if needed. If there
are no engineered improvements planned or
required the application should indicate such.
• Referral to the Colorado Geological Survey is
also required with an additional referral fee.
• Waiver requests from submittal requirements
or standards need to be included in the
submittals and the waiver criteria clearly
addressed (Sections 4-118 and 4-202).
The Application submittal needs to include 3 hard
copies of the entire Application and 1 Digital PDF
Copy of the entire Application (on a CD or USB Stick).
Both the paper and digital copies should be split into
individual sections. Please refer to the pre -application
summary for submittal requirements that are
appropriate for your Application.
a
1
Application Submittal
3 Hard Copies
1 Digital PDF Copy (on CD or USB stick)
Both the paper and the digital copy
should be split into individual sections.
Please refer to the list included in your
pre -application conference summary for
the submittal requirements that are
appropriate for your application:
-
General Application Materials
Vicinity Map
Site Pian
Grading and Drainage Plan
Landscape Plan
Impact Analysis
Traffic Study
Water Supply/Distribution Plan
Wastewater Management Pian
Article 7 Standards
V. REVIEW PROCESS
The review process shall follow the steps contained in Table 5-103 and Section 4-103 for an
Administrative Review including:
• Pre -Application meeting (completed)
• Submittal of Application (3 hard copies & one digital PDF copy)
• Completeness Review
• Additional Submittals if determined to be incomplete
• Setting a date for the Director's Decision
• Referrals are sent out to reviewing agencies including the Colorado Geological Survey
• Public Notice to Property Owners within 200 ft. and mineral rights owners on the
subject property
• Director's Decision
• 10 Day Call-up Period
• Finalizing the Minor Subdivision Plat and any required conditions
• Circulation of the plat for Applicant & Other Signatures
• Board of County Commission Signing the plat as a consent agenda item
A request to call the application up for review by the Board of County Commissioners may
be initiated by the Director of the Community Development Department, the Board of County
Commissioners, the Applicant or an affected Adjacent Property Owner in accordance with
the procedures contained in Section 4-112.
4
Public Hearing(s): X Directors Decision (with public notice)
Planning Commission
Board of County Commissioners
Board of Adjustment
Referral Agencies:
May include but are not limited to: Garfield County Surveyor,
Garfield County Road and Bridge Department, Garfield County
Consulting Engineer, Garfield County Vegetation Manager,
Colorado Geological Survey, Fire Protection District, Town of
Carbondale, Colorado Division of Water Resources, Garfield
County Environmental Health, and Colorado Department of
Transportation.
V. APPLICATION REVIEW FEES
Planning Review Fees: $400
Referral Agency Fees: $tbd
Total Deposit: $400
($600 - $950 Colo.Geological Survey - others tbd)
(additional hours are billed at hourly rate of $40.50)
General Application Processing
Planner reviews case for completeness and sends to referral agencies for comments. The
case planner contacts applicant and sets up a site visit. Staff reviews application to
determine if it meets standards of review and makes a recommendation of approval, approval
with conditions, or denial to the Director of the Community Development Department.
Disclaimer
The foregoing summary is advisory in nature only and is not binding on the County. The
summary is based on current zoning, which is subject to change in the future, and upon
factual representations that may or may not be accurate. This summary does not create a
legal or vested right and is valid for a period of 6 months after which an update should be
requested.
Pre -application Summary Prepared bv:
77? F',/
�7a�id Pesnic-=AICP, Senior Plapr Date
Garfield County Community Development Department
5
S. Section 5-301 Minor Subdivision
E
8
1
0
.Es
0
Garfield County
Minor Subdivision Review Process
(Section 5-301)
•Appliant his 6months to submit application
Step 2: Application SubmI~ _1
'AO b'usineixdsys la review
"if incorripiete, 60 days to remedy diflclendes
�IiAaiied to adjacent property owners Within 200 feet and rriirterai owners
et feast 15 days prior to declslon date
Step 6: Evolution by Ditec.tor
*Call-up Period within 10 days of Director's Decision
'Applicant has 1 year to meet any conditions of approval
Section 2
Introductory Information and Background
Background Information and Narrative
Comp Plan & relevant Zoning Information
Compliance with Minor Subdivision Review Criteria
Waiver Requests
Vicinity Map
County Parcel Map of Surrounding Area
MINOR SUBDIVISION: HOLGATE MINOR SUBDIVSION
SECTION 2 - INTRODUCTORY INFORMATION AND
BACKGROUND
Parcel #: 246303400025
Zoning: Rural "R"
Application Date: January 2017
TYPE OF APPLICATION: Paul Luttrell, on behalf of and in cooperation with Etta
Louisa Holgate hereby submits an application for a Minor Subdivision for
property located on the north side of County Road 111 and just east of SH 133 in
the vicinity of the south Corporate limits of the Town of Carbondale. Present
access to the property is from CR 111 in two separate locations.
We are submitting all application materials identified in Section 5-401 and Table
5-401 of the Garfield County Land Use and Development Code (LUDC) and
noted in the Preapplication conference. The application materials include the
following:
• Application forms and fees
• Vicinity Map
• Minor Subdivision Plat
• Narrative Request and Related Information
• Title Commitment and Proof of Ownership
• Names and addresses of Property Owners within 200 ft.
• Comments on Mineral Rights Holders
• Copies of Assessor's Mapping showing adjacent properties
• Letter identifying Representative
• Copy of Preapplication Summary
• Site Plan Information
• Information demonstrating Compliance with Article 7, Divisions 1 -4 as
applicable.
• Technical Reports
o Topographic and slope analysis as part of draft Minor Subdivision Plat.
• Miscellaneous
o Letter of Service from Xcel Energy (under separate cover)
o Letter from Town of Carbondale regarding domestic water service
o Photos of property
The owner of the property is submitting a Minor Subdivision application for the
purpose of splitting the parcel into two lots.
I. INTRODUCTION AND BACKGROUND
Etta Holgate owns an approximately 4.63 acre parcel along CR 111 that was
acquired from family holdings in approximately 1975. She and her husband were
conveyed a much smaller parcel adjacent to the subject property from Fred and
Dorothy Holgate in 1968. The parcel is zoned Rural "R". The property address
is 074 CR 111 The property lies generally at the northeast intersection of State
Highway 133 and County Road 111 and is located directly across the state
highway (east) of Nuche Park (formerly Bull Pasture Park) at the southern extent
of River Valley Ranch along Highway 133. This area is considered the southern
Gateway to the Town of Carbondale according to the Carbondale
Comprehensive Plan, the Highway 133 Corridor Plan and other planning
documents.
Etta Holgate owns this property outright. She originally owned the property with
her husband Charles Holgate, who is deceased. There is no LLC or other
corporate entity as part of the ownership. Please see the title commitment
included in the application.
The holdings also include a small parcel to the West of the subject property and
this small parcel is immediately at the northeast corner of County Road 111 and
Highway 133. The land use for this small holding over the years has been a small
mobile home which is presently unoccupied. We have included the deed for this
small parcel in the miscellaneous documents section of the application to show
that it is a separately described parcel. The County Assessor mapping shows this
parcel as combined with the larger 4.63 acre parcel. I checked with the Assessor
on this and the reason it is shown as one parcel is that the tax bills are combined
and sent as one.
The intent of the application is to split the parcel into two separate lots with the
proposed size is shown below:
Lot A:
Lot B:
2.558/ Ac.
2.069 Ac.
Lot B is planned to be transferred to the ownership of Paul Luttrell. The area that
would become this lot is presently vacant. There is a building site along the
Southeast portion of this proposed lot. It is presently used as a horse pasture and
is irrigated. The rest of the area that would become this lot is hillside
characterized pinon, juniper and associated tree species, a ditch lateral which
CGarfield County
Garfield County Land Explorer
Garfield County, Colorado
Garfield County Land Explorer
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1 inch = 752 feet
1 inch = 0.14 miles
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provides irrigation water to the entire subject parcel and a small area of irrigated
pasture on the North. A phone line runs through the subject parcel and an
easement has been created for this as part of the draft Minor Subdivision Plat.
We are considering moving the telephone line slightly to the north
Surrounding Zoning
North: "R" Rural Zone District
West: Town of Carbondale: PUD/Open Space (River Valley Ranch)
West: "R" Rural Zone District
South: "R" Rural Zone District
East R" Rural Zone District
Surrounding Land Use
North: Single -Family Detached Residential plus 1 Church
West: Open Space (Town) and Small lot residential - SFD(County)
South: Agriculture/Ranch
East: Rural Residential
SITE DESCRIPTION
The site is a 4.63 acre parcel located generally at the northeast intersection of
County Road 111 and State Highway 133. Present land use is two small single-
family homes, associated outbuildings and pasture. The Western portion of the
site from south to north is relatively the flat. The area outside the single-family
homes is irrigated. The East most portion of the site has more topographical
relief to it. The proposed building site for what will become Lot B has ground
surface slopes running from between 5 and 15 degree slopes. An irrigation ditch
is located uphill of the proposed building site and extends north northwest on the
edge of the property. The hillside above the irrigation ditch is steep and runs at
30 - 35% grade. The hillside/steep slope area is vegetated with pinion and
juniper and associated woodland vegetation.
Each of the two existing homes has access off of CR 111. No changes will be
made to these driveways or the homes associated with them. Each existing
residential structure has an OWTS. These two homes receive their domestic
water supply from the Town of Carbondale. No other changes are intended for
the property that is propose to comprise Lot A. The outbuildings and the fencing
as well as vegetation will be upgraded with the help of Mr. Luttrell.
Development Plan for Lot B
One single-family home is proposed to be erected on Lot B at the southeast
portion of the property. Access is proposed to be from CR 111 towards the
southwest corner of the lot generally at the location of the existing "ranch
access". We met with Mike Prehm of County Road and Bridge and discussed
various access opportunities. His initial reaction was that the proposed location
would meet County standards for driveway access but of course wants to see a
specific proposal. Another option is a present driveway to the east of the subject
parcel. There are some complicating factors with using this as access and for a
portion of this Minor Subdivision. That driveway is on a different parcel and there
would have to be a an agreement for joint operation. The visibility of that
driveway does not be current standards and perhaps would need to be
upgraded.
We have approached the Town of Carbondale for a tap on to their Municipal
Water System as the other two structures on the subject site are served by the
Town of Carbondale. While we are in process of applying for domestic water use
from the Town, there are still a few other details to work out. Assuming approval
from the Town for a tap on to their system is granted, there will be an agreement
between the Town of Carbondale and the present property owner (Etta Holgate).
There will probably also be a separate agreement between the two lots within the
subdivision itself. As a point of information, the Town's Nettle Creek water
transmission line runs through or adjacent to the Holgate Property. Please see
email attached in Section 5 of the application. We will keep staff updated as we
work through specifics with the Town.
Future owner of Lot B will apply to the County for an OWTS. Please see the
attached report from HP -Kumar regarding suitability of the site for individual
septic as well as the Engineers Letter in Section 3 (technical documents.
DEVELOPMENT GOALS
The goal of the proposed development is to subdivide the property in keeping
with allowable uses described for the Rural "R" Zone District and consistent with
the vision, goals, objectives and policies of the Garfield County Comprehensive
Plan. The proposed development includes consideration for:
• Developing an additional low density single-family lot in keeping and
compatible with the Comprehensive Plan Density, the surrounding residential
neighbors and agricultural uses.
• Preserving the character of the natural landscape and native vegetation.
• Maintaining irrigation/grazing/ uses on Lots 1 of the property for the
foreseeable future.
ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY
WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT. MAY ANY ACTION BASED UPON ANY
DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON.
S
E
0 25' 50'
+
SCALE: 1"=50'
75'
0
s
100'
81°33'20
77.7.
i
rn
H 1(::)1 11.1 G A 'I" 111., 1Lir '1"Fr Ft 111., 111., M I ][N[ 1(::)1 11R. ;EE3 1Lir 11:31 11:31 I V I ;EE3 I (DI 1E" A 'FT
CERTIFICATE OF DEDICATION AND OWNERSHIP
N 89°53'00"E COLORADO THE UNDERSIGNED. ETTA HOLGATE. BEING SOLE OWNER IN FEE SIMPLE OF ALL THAT
115.7£)' / I GARF I ELD COLJNFTY ' REAL PROPERTY SITUATED IN GARFIELD COUNTY. DESCRIBED AS FOLLOWS:
A PARCEL OF LAND SITUATED IN LOTS 18 AND 19 OF SECTION 3 AND IN
LOTS I AND 2 OF SECTION 10. TOWNSHIP 8 SOUTH. RANGE 88 WEST OF THE
6th PRINCIPAL MERIDIAN. GARFIELD COUNTY. COLORADO. LYING
NORTHERLY OF THE NORTHERLY RIGHT-OF-WAY LINE OF A COUNTY
ROAD AS CONSTRUCTED AND IN PLACE. BEING COUNTY ROAD NO. III.
SAID PARCEL OF LAND IS DESCRIBED AS FOLLOWS:
M
N
O
SLOPES EAST OF THIS LINE > 30%
47
1
0)
15' WIDE TELEPHONE LINE EASEMENT
0
SLOPES NORTH OF THIS LINE > 30%
6_so
0
............................................
...........N,8po •�
.l... .__ .. 336.39'
.....................................
+
LEGEND AND NOTES
O SET REBAR & CAP MARKED PLS 14111
❑r TELEPHONE PEDESTAL
O UTILITY POLE
OVERHEAD UTILITY LINE
EDGE OF ROAD & DRIVEWAY
-«-CENTERLINE DITCH
CURVE
C I
C 2
C 3
C 4
C 5
C 6
LINE
L I
L 2
L 3
L 4
L 5
L 6
L 7
L 8
L II
L 12
L 13
DELTA ANGLE
19°06'52"
39039'34"
52°33'42"
110°03'49"
96°47'19"
3° 20' 1 8"
BEARING
N 39°38'00"W
S 82°08' 1 1 "E
N 19°32'12"W
S 88°39'53"W
N 62°27'00"E
S 28°26'27"E
S 04°30'14"E
S 31°26'00"E
S 13°42'00"W
N 01°38'13"E
S 72°38'34"W
96�
IO
\�IDo 1�4
loe
RADIUS ARC TANGENT
15.53' 5.12' 2.58'
63.88' 44.22' 23.04'
80.46' 73.82' 39.73'
42.01' 80.70' 60.07'
55.42' 93.62' 62.41'
1200.21' 69.93' 34.97'
DISTANCE
12.24'
40.56'
34.58'
54.11'
37.12'
25.87'
47.86'
22.94'
3.59'
5.32'
11.55'
CHORD
5.09'
43.34'
71.25'
68.85'
82.88'
69.92'
CHORD BEARING
S 08°38'12"E
S 19°02'00"E
S 12°35'00"E
N 43°23'44"E
N 50°02'09"E
N 03° 1 8' 22"E
rj
E.
TITLE CERTIFICATE
BEGINNING AT A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SAID
an attorney l i c e n s e d to ROAD WHENCE A ROCK CORNER FOUND IN PLACE AND PROPERLY
practice law in the State o f Colorado. or agent authorized by a title MARKED FOR THE SECTION CORNER COMMON TO SECTIONS 2. 3. 10 AND 1 I
insurance company. do hereby certify that I have examined the Title to BEARS N 71°26'56"E 491.69 FEET: THENCE N 72°38'00"W 2778.03 FEET ALONG
a 1 I lands shown upon t h i s Plat and that Ti t le to such land i s vested i n SAID RIGHT-OF-WAY LINE: THENCE N 39°38'00"W 12.24 FEET ALONG SAID
. free and RIGHT-OF-WAY LINE: THENCE N 80013'00"W 336.39 FEET ALONG SAID
clear of all I i en s and encumbrances (i nc l ud i n9 mortgages. deeds of RIGHT-OF-WAY LINE: THENCE N 10°53'20"W 459.44 FEET: THENCE
trust. judgments. easements. contracts and agreements of record N 67°38'00"E 64.23 FEET: THENCE S 81°33'20"E 77.76 FEET: THENCE N 62 °
affecting the real property in this P l a t) . except a s fol lows : 27'00"E 37.12 FEET: THENCE N 05014'00E 123.77 FEET: THENCE
N 89°53'00"E 115.78 FEET: THENCE S 28°26'27"E 25.87 FEET: THENCE
S 13003'23"E 92.33 FEET: THENCE S 04030'14"E 47.86 FEET: THENCE
S 10022'16"E 58.89 FEET: THENCE THENCE S 31°26'00"E 22.94 FEET: THENCE
S 21024'20"E 246.81 FEET: THENCE S 41°27'03"E 79.33 FEET: THENCE
DATED th i s day of A.D.. 20 S 52°49'00"E 61.90 FEET: THENCE S 65°34'00"E 171.22 FEET: THENCE 5.12 FEET
ALONG THE ARC OF A 15.33 FOOT RADIUS CURVE TO THE RIGHT. THE
TITLE COMPANY: CHORD OF WHICH BEARS S 08°38'12"E 5.09 FEET: THENCE 44.22 FEET ALONG
THE ARC OF A 63.88 FOOT RADIUS CURVE TO THE LEFT. THE CHORD OF
WHICH BEARS S 19°02'00"E 43.34 FEET: THENCE -S 73.82 FEET ALONG THE
ARC OF 80.46 FOOT RADIUS CURVE TO THE RIGHT. THE CHORD OF WHICH
Agent BEARS S 12°35'00"E 71.25 FEET: THENCE S 13°42'00"W 3.59 FEET TO A POINT
ON THE NORTHERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD. THE
POINT OF BEGINNING. CONTAINING 4.627 ACRES MORE OR LESS.
CERTIFICATE OF TAXES PAID
HAS CAUSED THE DESCRIBED REAL PROPERTY TO BE SURVEYED. LAID OUT.
I. the undersigned. do hereby certify that the entire amount of taxes PLATTED AND SUBDIVIDED INTO LOTS AS SHOWN ON THIS MINOR
and assessments due and payable as of SUBDIVISION PLAT UNDER THE NAME AND STYLE OF HOLGATE/LUTTRELL MINOR
upon all parcels of real estate described on this P I at are paid in full. SUBDIVISION PLAT IN THE COUNTY OF GARFIELD.
DATED this day of A.D.. 20
Treasurer of Garfield County
FOUND ROCK CORNER IN PLACE FOR
SECTION CORNER COMMON TO
SECTIONS 2. 3. 10 & II
Age .6
6'
CLERK AND RECORDER'S CERTIFICATE
IN WITNESS WHEREOF. SAID OWNER HAS CUSED HIS NAME TO BE HEREUNTO SUBSCRIBED
THIS DAY OF A.D. 20
OWNER: ETTA HOLGATE
ADDRESS: 74 COUNTY ROAD III
CARBONDALE. CO. 81623
STATE OF COLORADO )
)SS.
COUNTY OF GARFIELD)
THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED
BEFORE ME THIS DAY OF A.D.. 20_ BY ETTA HOLGATE.
MY COMMISSION EXPIRES: 01/26/2017
WITNESS MY HAND AND SEAL
EXECUTED THIS DAY OF A.D.. 20,,.........
SURVEYOR'S CERTIFICATE
I. Sydney Lincicome. do hereby certify that I am a Professional Land Surveyor
licensed under the laws of the State of Colorado. that this Plat is a true.
correct and complete Plat of the HOLGATE/Lutrell Minor Subdivision Plat.
as laid out. platted. dedicated and shown hereon.
that such Plat was made from an accurate survey of said property by
me. or under my supervision. and correctly shows the location and dimensions of
the lots. easements and streets of said Minor Subdivision Plat as the same are
staked upon the ground in compliance with applicable regulations governing the
subdivision of land.
In witness whereof. I have set my hand and seal this day of
A.D.. 20
Sydney Lincicome
Lines in Spave
67 Glenwood Avenue
Carbondale. Co. 81623c
P.L.S. 14111
COUNTY COMMISSIONER'S CERTIFICATE:
Based upon the review and recommendation of Garfield County Director of
Community Development. the Board of County Commissioners of Garfield
County. Colorado. hereby approves this Minor Subdivision Plat this day of
A.D.. 20 for filing with the Clerk and Recorder of Garfield
County and for conveyance to the County of the public dedications shown
hereon. subject to the provisions that approval in no way obligates Garfield
County for the financing or construction of improvements on lands. public roads.
highways or easements dedicated to the public. except as specifically agreed to
by the Board of County Commissioners by subsequent resolution. This approval shall
in no way obligate Garfield County for the construction. repair or maintenance of
public roads. highways or any other public dedications shown hereon.
Chairman. Board of County Commissioners
Garfield County. Colorado
Witness my hand and seal of the County of Garfield.
Attest:
County Clerk
COUNTY SURVEYOR'S CERTIFICATE
Approved for content and form only and not the accuracy of surveys.
calculations or drafting pursuant to C.R.S. 38-51-101 and 102 et seq.
DATED this day of A.D.. 20
By: Garfield County Surveyor
This Plat was filed for record in the Office of the Clerk and Recorder of Garfield
County. Colorado. at o'clock. M.. on this day
of A.D.. 20 and is duly recorded as Reception No.
Clerk and Recorder
BY:
Deputy
HOLGATE/LUTTRELL MINOR SUBDIVISION
SECS. 3 & 10. T.8 S., R.88 W.. 6th P.M.
GARFIELD COUNTY. COLORADO
BY' LINES IN SPACE
SYDNEY LINCICOME (L. S. /4 / / / )
67 GLENW00D AVE. CARBONDALE CO. 970-963-3852
DATE 02/15/20/7 SCALE.' 1" = 50' JOB NO.: 16-38
PLUTTREL
C:IGeneral CADD 81GxdIPLUTTREL.gxd -- 02/15/2017 -- 03.05 PM
• Promoting water conservation by continuing to utilize the present ditch lateral
on the site for most/all of outside irrigation purposes, including maintaining the
pastor on the undeveloped balance of Lot A. Obtaining the domestic water
from the Town Municipal System in our opinion also helps promote water
conservation by not having to drill additional wells in the area.
• Minimizing new development infrastructure. No new roads or major
infrastructure is necessary for the creation and "development" of the
additional lot.
• Sale of a lot in conformance with existing zoning and Comprehensive Plan
policies that allows surviving members of a pioneer family to remain on site
and in the area.
DEVELOPMENT OBJECTIVES
A number of design objectives were considered in developing the site and lot
layout, no matter how simple it may appear. Existing zoning designations,
sensitivity to the goals of the Garfield County Comprehensive Plan, and
continued existence of the grazing and irrigation infrastructure were taken into
consideration. In support of the stated goals, the objectives guiding the initial site
planning efforts are as follows:
1. Steeper slopes should be avoided to minimize disturbance to natural
landforms, vegetation, and drainage patterns.
2. Building site was established to provide easy access with minimal driveway
extensions from CR 111.
3. Development within the site was in a logical location and avoids blocking any
views enjoyed by adjacent property owners.
4. Agricultural heritage to be preserved, while still accommodating growth in an
acceptable location
5. Density similar in nature to many of the residential sites along both sides of
State Highway 133 in the immediate area.
COMPLIANCE WITH COMPREHENSIVE PLAN
Present development and any future development are in compliance with the
Garfield County Comprehensive Plan 2030. The 4.63 acre is been zoned Rural
"R" and has had residential and agricultural land associated with it since at least
the 1962. No change in terms of compatibility is foreseen with the Minor
Subdivision.
Comprehensive Plan Land Use Designation: The parcel is located within the
Carbondale Urban Growth Boundary. The majority of the parcel is also located
on the Carbondale Future Land Use map as being within the Town's phase 1
Annexation Area.
This Phase 1 annexation Area is encouraged for annexation in the near term
future. We did have a discussion with the Town of Carbondale regarding a
possible Annexation. However this is not practical for in order for annexation to
occur this particular property would be required to extend the Town's Wastewater
Main in this area from the Roaring Fork High school to the subject site, a
distance of about 1/4 mile. This would be impractical for proposing one additional
lot to be created and one single-family detached home in its development plan.
COMPLIANCE WITH ZONING DISTRICT
Existing uses presently comply and any future use or development on the
proposed lots within the minor subdivision will comply with zone district criteria,
including dimensional requirements enumerated in Table 3 — 201 of the LUDC.
Items for Discussion
1. Rear setback for accessory unit. Rear setback for a portion of this house is
approximately 12 1/2 feet — which does not comply with Zone District
dimensional standards. However, this is an existing situation and this
adjacent lot is also owned by the same property owner.
2. Density/Accessory Unit: Lot A, as presently proposed, will have two units
located on the Lot — the principle dwelling of the owner and what we have
always considered an accessory, dwelling unit. However, since both of these
units precede County land use regulations by many years, this
accessory/rental unit was never been permitted. Is our understanding that it
was put in place in 1935.
The Density of the entire subject property, if developed as proposed, will have a
density of 1.62 acres per dwelling unit. This is slightly less than what one usually
finds in the Rural Zone District, though one of these units is considered an
accessory dwelling unit. We have two comments on this issue:
The subject parcel is in the Town of Carbondale Phase 1 Annexation area. The
Carbondale Comprehensive plan does not strictly designate density in this Phase
1 area, just conceptual land uses. It was always assumed that specific
development plans would be reviewed in depth at time of Annexation. The
Development Plan for the subject property appears to be compatible with the
surrounding area in general. Many of the properties within a quarter mile
distance, particularly those between the subject and the Town Limits especially
along Highway 133 are often smaller than 2.0 acres in size. A spreadsheet is
attached which shows what we feel are logical comparisons in the immediate
vicinity. There are 41 such properties as shown with the account number, owner
and lot size. 16 of the 41 properties are less than 1 acre in size and three are
between 1 acre and 2 acres in size. Essentially, 46% nearby properties have a
density of less than one unit per 2 acres.
II. COMPLIANCE WITH SECTION 5-301. MINOR SUBDIVISION
REVIEW
A. Overview
The proposal meets the "Overview" criteria for a Minor Subdivision as listed in
Section 5-301 A. Criteria and comment below:
• Creates no more than three parcels (two parcels are being created).
• Is served by a private well or wells, or a water supply entity. Existing two
homes are served by the Town of Carbondale Municipal Water Supply
system. The applicant is in the process of obtaining a separate tap for this
newly created lot. We will keep staff informed as to progress with the Town
during application review.
• Does not require the extension, construction or improvement of a County
right-of-way (no rights-of-way are being created, extended etc.).
C Review Criteria
The application is to demonstrate compliance with the following criteria. Below is
a justification on a point by point basis. Comments are in italics.
1. It complies with the requirements of the applicable zone district and this
Code.
Comment: Application meets the requirement of the underlying zone district. Two
exiting homes on one lot (Lot A) discussed above.
2. It is in general conformance with the Comprehensive Plan.
Comment: See previous comments about being in conformance with the Garfield
County Comprehensive Plan 2030 and the Carbondale Comprehensive Plan
2013.
3. Shows satisfactory evidence of a legal, physical, adequate, and
dependable water supply for each lot.
Comment: Documents include request to be served by Town of Carbondale
Municipal Water System (Note: existing two homes are served by Town
system). Water system also noted in Engineering Letter.
4. Satisfactory evidence of adequate and legal access has been provided.
Comment: Newly created parcel is directly adjacent to CR 111 right-of-way. The
two existing homes access directly onto CR 111.
5. Any necessary easements including, but not limited to, drainage, irrigation,
utility, road, and water service have been obtained.
Comment: Proposed easement for phone line shown on the Minor Subdivision
plat. The location of the phone line through Lot B may be adjusted to the north in
order to come to accommodate the proposed residence No additional easements
are required.
6. The proposed Subdivision has the ability to provide an adequate sewage
disposal system.
Comment: Application for an OWTS will be made to County Staff as part of the
building permit process. Please note that two Individual Septic Disposal Systems
presently exist on the site and serve the existing residences. A brief letter from B
& R Septic is included in section 5 in this letter states that the systems are
operational. A Foundation and Septic Suitability Report from HP — Kumar is
included which shows that the proposed building site can accommodate a septic
system to code.
7. Hazards identified on the property such as, but not limited to, fire, flood, steep
slopes, rock fall and poor soils, shall be mitigated, to the extent practicable.
Comment: Any development will occur on areas outside steep slopes. There are
no other problematic criteria.
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.
Comment: No public infrastructure or any other required facilities are necessary
for development of the site. The development of the physical source of water and
OWTS will be made by the applicant.
9. All taxes applicable to the land have been paid, as certified by the County
Treasurer's Office.
Comment: All taxes will be paid as provided for in the LUDC or as per other
approved County Policies and Procedures. A Certificate of Taxes Paid is also
included on the Minor Subdivision Plat. (Please note: current owner will remain
owner of one of the two lots).
10.AII fees, including road impact and school land dedication fees, shall be paid.
Road Impact and School Land Dedication fees will be paid per County LUDC.
11.The Final Plat meets the requirements per Section 5-402.F., Final Plat.
Comment: The Plat meets requirements outlined in the County LUDC. Plat
included in Technical Documents section of the application.
111. MISCELLANEOUS INFORMATION SUMMARY
Roads. Existing county infrastructure will be used and there will be no new
roads/rights-of-way proposed or extensions of existing roads/rights-of-way.
Proposed Utilities/Infrastructure. The Town of Carbondale presently serves the
two existing houses on site with domestic water. A request has been made to
utilize the Town's Municipal System for an additional unit. Natural gas exists to
the site though the new lot owner may choose to use propane. The existing two
residences use propane. An OWTS will be used for wastewater and will be
applied for as part of the building permit process.
Constraints to Development. There are minimal environmental constraints to the
proposed development of the property where any land use or structures would be
proposed. The proposed building site is outside the areas of steep slope and
dense vegetation. The Carbondale Rural & Fire Protection District is familiar with
the site related to wild fire danger and will comment as part of the County land
use Application Referral Process. Please see comments on environmental
constraints in Section 4 of the application Compliance with Article 7- Sections 1-
4).
Waivers. No waivers related to submittal requirements are being requested.
Engineering Letter. A Preliminary Engineering Statement/Report from
Boundaries Unlimited Inc. is included in the application and will address the
technical items for a Minor Subdivision as noted in Table 5-401 of the County
Land Use Code. They are:
• A. Roads, Trails, Walkways and Bikeways.
• C. Sewage Collection and Water Supply and Distribution System.
• E. Groundwater Drainage.
• H. Preliminary Cost Estimates for Improvements
Section 3
Minor Subdivision Plat & Technical Documents
Minor Subdivision Plat — (Draft)
HP — Kumar Foundation Report & Septic Suitability
Engineering Statement
ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY
WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT. MAY ANY ACTION BASED UPON ANY
DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON.
S
E
0 25' 50'
+
SCALE: 1"=50'
75'
0
s
100'
81°33'20
77.7.
i
rn
H 1(::)1 11.1 G A 'I" 111., 1Lir '1"Fr Ft 111., 111., M I ][N[ 1(::)1 11R. ;EE3 1Lir 11:31 11:31 I V I ;EE3 I (DI 1E" A 'FT
CERTIFICATE OF DEDICATION AND OWNERSHIP
N 89°53'00"E COLORADO THE UNDERSIGNED. ETTA HOLGATE. BEING SOLE OWNER IN FEE SIMPLE OF ALL THAT
115.7£)' / I GARF I ELD COLJNFTY ' REAL PROPERTY SITUATED IN GARFIELD COUNTY. DESCRIBED AS FOLLOWS:
A PARCEL OF LAND SITUATED IN LOTS 18 AND 19 OF SECTION 3 AND IN
LOTS I AND 2 OF SECTION 10. TOWNSHIP 8 SOUTH. RANGE 88 WEST OF THE
6th PRINCIPAL MERIDIAN. GARFIELD COUNTY. COLORADO. LYING
NORTHERLY OF THE NORTHERLY RIGHT-OF-WAY LINE OF A COUNTY
ROAD AS CONSTRUCTED AND IN PLACE. BEING COUNTY ROAD NO. III.
SAID PARCEL OF LAND IS DESCRIBED AS FOLLOWS:
M
N
O
SLOPES EAST OF THIS LINE > 30%
47
1
0)
15' WIDE TELEPHONE LINE EASEMENT
0
SLOPES NORTH OF THIS LINE > 30%
6_so
0
............................................
...........N,8po •�
.l... .__ .. 336.39'
.....................................
+
LEGEND AND NOTES
O SET REBAR & CAP MARKED PLS 14111
❑r TELEPHONE PEDESTAL
O UTILITY POLE
OVERHEAD UTILITY LINE
EDGE OF ROAD & DRIVEWAY
-«-CENTERLINE DITCH
CURVE
C I
C 2
C 3
C 4
C 5
C 6
LINE
L I
L 2
L 3
L 4
L 5
L 6
L 7
L 8
L II
L 12
L 13
DELTA ANGLE
19°06'52"
39039'34"
52°33'42"
110°03'49"
96°47'19"
3° 20' 1 8"
BEARING
N 39°38'00"W
S 82°08' 1 1 "E
N 19°32'12"W
S 88°39'53"W
N 62°27'00"E
S 28°26'27"E
S 04°30'14"E
S 31°26'00"E
S 13°42'00"W
N 01°38'13"E
S 72°38'34"W
96�
IO
\�IDo 1�4
loe
RADIUS ARC TANGENT
15.53' 5.12' 2.58'
63.88' 44.22' 23.04'
80.46' 73.82' 39.73'
42.01' 80.70' 60.07'
55.42' 93.62' 62.41'
1200.21' 69.93' 34.97'
DISTANCE
12.24'
40.56'
34.58'
54.11'
37.12'
25.87'
47.86'
22.94'
3.59'
5.32'
11.55'
CHORD
5.09'
43.34'
71.25'
68.85'
82.88'
69.92'
CHORD BEARING
S 08°38'12"E
S 19°02'00"E
S 12°35'00"E
N 43°23'44"E
N 50°02'09"E
N 03° 1 8' 22"E
rj
E.
TITLE CERTIFICATE
BEGINNING AT A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SAID
an attorney l i c e n s e d to ROAD WHENCE A ROCK CORNER FOUND IN PLACE AND PROPERLY
practice law in the State o f Colorado. or agent authorized by a title MARKED FOR THE SECTION CORNER COMMON TO SECTIONS 2. 3. 10 AND 1 I
insurance company. do hereby certify that I have examined the Title to BEARS N 71°26'56"E 491.69 FEET: THENCE N 72°38'00"W 2778.03 FEET ALONG
a 1 I lands shown upon t h i s Plat and that Ti t le to such land i s vested i n SAID RIGHT-OF-WAY LINE: THENCE N 39°38'00"W 12.24 FEET ALONG SAID
. free and RIGHT-OF-WAY LINE: THENCE N 80013'00"W 336.39 FEET ALONG SAID
clear of all I i en s and encumbrances (i nc l ud i n9 mortgages. deeds of RIGHT-OF-WAY LINE: THENCE N 10°53'20"W 459.44 FEET: THENCE
trust. judgments. easements. contracts and agreements of record N 67°38'00"E 64.23 FEET: THENCE S 81°33'20"E 77.76 FEET: THENCE N 62 °
affecting the real property in this P l a t) . except a s fol lows : 27'00"E 37.12 FEET: THENCE N 05014'00E 123.77 FEET: THENCE
N 89°53'00"E 115.78 FEET: THENCE S 28°26'27"E 25.87 FEET: THENCE
S 13003'23"E 92.33 FEET: THENCE S 04030'14"E 47.86 FEET: THENCE
S 10022'16"E 58.89 FEET: THENCE THENCE S 31°26'00"E 22.94 FEET: THENCE
S 21024'20"E 246.81 FEET: THENCE S 41°27'03"E 79.33 FEET: THENCE
DATED th i s day of A.D.. 20 S 52°49'00"E 61.90 FEET: THENCE S 65°34'00"E 171.22 FEET: THENCE 5.12 FEET
ALONG THE ARC OF A 15.33 FOOT RADIUS CURVE TO THE RIGHT. THE
TITLE COMPANY: CHORD OF WHICH BEARS S 08°38'12"E 5.09 FEET: THENCE 44.22 FEET ALONG
THE ARC OF A 63.88 FOOT RADIUS CURVE TO THE LEFT. THE CHORD OF
WHICH BEARS S 19°02'00"E 43.34 FEET: THENCE -S 73.82 FEET ALONG THE
ARC OF 80.46 FOOT RADIUS CURVE TO THE RIGHT. THE CHORD OF WHICH
Agent BEARS S 12°35'00"E 71.25 FEET: THENCE S 13°42'00"W 3.59 FEET TO A POINT
ON THE NORTHERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD. THE
POINT OF BEGINNING. CONTAINING 4.627 ACRES MORE OR LESS.
CERTIFICATE OF TAXES PAID
HAS CAUSED THE DESCRIBED REAL PROPERTY TO BE SURVEYED. LAID OUT.
I. the undersigned. do hereby certify that the entire amount of taxes PLATTED AND SUBDIVIDED INTO LOTS AS SHOWN ON THIS MINOR
and assessments due and payable as of SUBDIVISION PLAT UNDER THE NAME AND STYLE OF HOLGATE/LUTTRELL MINOR
upon all parcels of real estate described on this P I at are paid in full. SUBDIVISION PLAT IN THE COUNTY OF GARFIELD.
DATED this day of A.D.. 20
Treasurer of Garfield County
FOUND ROCK CORNER IN PLACE FOR
SECTION CORNER COMMON TO
SECTIONS 2. 3. 10 & II
Age .6
6'
CLERK AND RECORDER'S CERTIFICATE
IN WITNESS WHEREOF. SAID OWNER HAS CUSED HIS NAME TO BE HEREUNTO SUBSCRIBED
THIS DAY OF A.D. 20
OWNER: ETTA HOLGATE
ADDRESS: 74 COUNTY ROAD III
CARBONDALE. CO. 81623
STATE OF COLORADO )
)SS.
COUNTY OF GARFIELD)
THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED
BEFORE ME THIS DAY OF A.D.. 20_ BY ETTA HOLGATE.
MY COMMISSION EXPIRES: 01/26/2017
WITNESS MY HAND AND SEAL
EXECUTED THIS DAY OF A.D.. 20,,.........
SURVEYOR'S CERTIFICATE
I. Sydney Lincicome. do hereby certify that I am a Professional Land Surveyor
licensed under the laws of the State of Colorado. that this Plat is a true.
correct and complete Plat of the HOLGATE/Lutrell Minor Subdivision Plat.
as laid out. platted. dedicated and shown hereon.
that such Plat was made from an accurate survey of said property by
me. or under my supervision. and correctly shows the location and dimensions of
the lots. easements and streets of said Minor Subdivision Plat as the same are
staked upon the ground in compliance with applicable regulations governing the
subdivision of land.
In witness whereof. I have set my hand and seal this day of
A.D.. 20
Sydney Lincicome
Lines in Spave
67 Glenwood Avenue
Carbondale. Co. 81623c
P.L.S. 14111
COUNTY COMMISSIONER'S CERTIFICATE:
Based upon the review and recommendation of Garfield County Director of
Community Development. the Board of County Commissioners of Garfield
County. Colorado. hereby approves this Minor Subdivision Plat this day of
A.D.. 20 for filing with the Clerk and Recorder of Garfield
County and for conveyance to the County of the public dedications shown
hereon. subject to the provisions that approval in no way obligates Garfield
County for the financing or construction of improvements on lands. public roads.
highways or easements dedicated to the public. except as specifically agreed to
by the Board of County Commissioners by subsequent resolution. This approval shall
in no way obligate Garfield County for the construction. repair or maintenance of
public roads. highways or any other public dedications shown hereon.
Chairman. Board of County Commissioners
Garfield County. Colorado
Witness my hand and seal of the County of Garfield.
Attest:
County Clerk
COUNTY SURVEYOR'S CERTIFICATE
Approved for content and form only and not the accuracy of surveys.
calculations or drafting pursuant to C.R.S. 38-51-101 and 102 et seq.
DATED this day of A.D.. 20
By: Garfield County Surveyor
This Plat was filed for record in the Office of the Clerk and Recorder of Garfield
County. Colorado. at o'clock. M.. on this day
of A.D.. 20 and is duly recorded as Reception No.
Clerk and Recorder
BY:
Deputy
HOLGATE/LUTTRELL MINOR SUBDIVISION
SECS. 3 & 10. T.8 S., R.88 W.. 6th P.M.
GARFIELD COUNTY. COLORADO
BY' LINES IN SPACE
SYDNEY LINCICOME (L. S. /4 / / / )
67 GLENW00D AVE. CARBONDALE CO. 970-963-3852
DATE 02/15/20/7 SCALE.' 1" = 50' JOB NO.: 16-38
PLUTTREL
C:IGeneral CADD 81GxdIPLUTTREL.gxd -- 02/15/2017 -- 03.05 PM
H-PKUMAR
Geotechnical Engineering 1 Engineering Geology
Materials Testing 1 Environmental
5020 County Road 154
Glenwood Springs, CO 81601
Phone: (970) 945-7988
Fax (970) 945-8454
Email: hpkglenwood@kumarusa.com
December 13, 2016
Paul Luttrell
975 State Highway 133
Carbondale, Colorado 81623
(pluttrell®carbondalefire.org)
Office Locations: Parker, Glenwood Springs, and Silverthome, Colorado
Project No.16-7-607
Subject: Subsoil Study for Foundation Design, Proposed Residence, Lot B, Paul Luttrell
Minor Subdivision, County Road 111, Garfield County, Colorado
Dear Mr. Luttrell:
As requested, H-P/Kumar performed a subsoil study for design of foundations at the subject site,
The study was conducted in accordance with our agreement for geotechnical engineering
services to you dated November 17, 2016. The data obtained and our recommendations based on
the proposed construction and subsurface conditions encountered are presented in this report.
Proposed Construction: The proposed residence will be one story wood frame construction
above a crawlspace and with an attached garage. The building area is located on the site as
shown on Figure 1. Garage floor will be slab -on -grade. Cut depths are expected to range
between about 3 to 5 feet. Foundation loadings for this type of construction are assumed to be
relatively light and typical of the proposed type of construction.
If building conditions or foundation loadings are significantly different from those described
above, we should be notified to re-evaluate the recommendations presented in this report.
Site Conditions: The vacant property is located on the uphill side of County Road 111 (Prince
Creek Road) and has recently been used as horse pasture. Vegetation in the building area
consists of grass and weeds. The hillside above the building area is vegetated with pinion and
juniper forest. The ground surface slopes strongly down to the south at about 15% in the
building area. An irrigation ditch is located uphill of the building site as shown on Figure 1. The
hillside above the irrigation ditch is steep at about 35% grade and numerous cobbles and
boulders are exposed on the surface.
Subsurface Conditions: The subsurface conditions at the site were evaluated by excavating two
exploratory pits in the building area and two profile pits in the septic disposal area at the
approximate locations shown on Figure 1. The logs of the pits are presented on Figure 2. The
-2 -
subsoils encountered, below about six inches of topsoil, consist of silty clayey sand with
scattered gravel. Results of swell -consolidation testing performed on relatively undisturbed
samples of silty sand, presented on Figures 3 and 4, indicate low compressibility under existing
moisture conditions and light loading and low to moderate collapse potential (settlement under
constant load) when wetted. The samples were highly compressible after wetting and under
increased loading. Results of a USDA soil texture gradation analysis performed on a sample
obtained from Profile Pit 2 (minus 1'/a inch fraction) are presented on Figure 5. No free water
was observed in the pits at the time of excavation and the soils were slightly moist to moist.
Foundation Recommendations: Construction of a residence and septic system on this site
should be feasible from a geotechnical perspective. Considering the subsoil conditions
encountered in the exploratory pits and the nature of the proposed construction, we recommend
spread footings placed on the undisturbed natural soil designed for an allowable soil bearing
pressure of 1,200 psf for support of the proposed residence. The soils tend to compress after
wetting and there could be some post -construction foundation settlement. It will be critical to the
long term performance of the structure that the recommendations for surface drainage and
subsurface drainage contained in this report be followed. Footings should be a minimum width
of 20 inches for continuous walls and 2 feet for columns. Loose and disturbed soils or existing
fill encountered at the foundation bearing level within the excavation should be removed and the
footing bearing level extended down to the undisturbed natural soils. Exterior footings should be
provided with adequate cover above their bearing elevations for frost protection. Placement of
footings at least 36 inches below the exterior grade is typically used in this area. Continuous
foundation walls should be reinforced top and bottom to span local anomalies such as by
assuming an unsupported length of at least 14 feet. Foundation walls acting as retaining
structures should be designed to resist a lateral earth pressure based on an equivalent fluid unit
weight of at least 50 pcf for the on-site soil as backfill.
Floor Slabs: The natural on-site soils, exclusive of topsoil, are suitable to support lightly loaded
slab -on -grade construction. To reduce the effects of some differential movement, floor slabs
should be separated from all bearing walls and columns with expansion joints which allow
unrestrained vertical movement. Floor slab control joints should be used to reduce damage due
to shrinkage cracking. The requirements for joint spacing and slab reinforcement should be
established by the designer based on experience and the intended slab use. A minimum 4 inch
layer of free -draining gravel should be placed beneath basement level slabs to facilitate drainage.
This material should consist of minus 2 inch aggregate with less than 50% passing the No. 4
sieve and less than 2°70 passing the No. 200 sieve.
All fill materials for support of floor slabs should be compacted to at least 95% of maximum
standard Proctor density at a moisture content near optimum. Required fill can consist of the on-
site soils devoid of vegetation, topsoil and oversized rock.
Underdrain System: Although free water was not encountered during our exploration, it has
been our experience in mountainous areas that local perched groundwater can develop during
times of heavy precipitation or seasonal runoff. Frozen ground during spring runoff can also
create a perched condition. We recommend below -grade construction, such as retaining walls,
H -P‘- KUMAR
Project No. 16-7-607
-3-
crawlspace and basement areas, be protected from wetting and hydrostatic pressure buildup by
an underdrain system.
The drains should consist of drainpipe placed in the bottom of the wall backfill surrounded above
the invert level with free -draining granular material. The drain should be placed at each level of
excavation and at least 1 foot below lowest adjacent finish grade and sloped at a minimum 1% to
a suitable gravity outlet. Free -draining granular material used in the underdrain system should
contain less than 2% passing the No. 200 sieve, less than 50% passing the No. 4 sieve and have a
maximum size of 2 inches. The drain gravel backfill should be at Ieast 1'/2 feet deep. An
impervious membrane such as 20 to 30 mil PVC should be placed beneath the drain gravel in a
trough shape and attached to the foundation wall with mastic to prevent wetting of the bearing
soils.
Surface Drainage: The following drainage precautions should be observed during construction
and maintained at all times after the residence has been completed:
I) Inundation of the foundation excavations and underslab areas should be avoided
during construction.
2) Exterior backfill should be adjusted to near optimum moisture and compacted to
at least 95% of the maximum standard Proctor density in pavement and slab areas
and to at least 90% of the maximum standard Proctor density in landscape areas.
3) The ground surface surrounding the exterior of the building should be sloped to
drain away from the foundation in all directions. We recommend a minimum
slope of 12 inches in the first 10 feet in unpaved areas and a minimum slope of 3
inches in the first I0 feet in pavement and walkway areas. A swale may be
needed uphill to direct surface runoff around the residence.
4) Roof downspouts and drains should discharge well beyond the limits of all
backfill.
5) Landscaping which requires regular heavy irrigation should be located at least 10
feet from the building. Consideration should be given to the use of xeriscape to
limit potential wetting of soils below the foundation caused by irrigation.
Septic Disposal Area: The soil texture and structure conditions in the proposed septic disposal
area were evaluated by excavating two profile pits at the approximate locations shown on Figure
1. The logs of the pits are presented on Figure 2. The subsoils encountered, below about six
inches of topsoil, consist of sandy loam. Results of a gradation analysis performed on a sample
of sandy loam (minus 111/? inch fraction) obtained from the site are presented on Figure 5. The
soil type based on the gradation analysis and soil texture is 2A. No free water or evidence of
seasonal perched water was observed in the pits at the time of excavation and the soils were
slightly moist to moist.
Limitations: This study has been conducted in accordance with generally accepted geotechnical
engineering principles and practices in this area at this time. We make no warranty either
express or implied. The conclusions and recommendations submitted in this report are based
upon the data obtained from the exploratory pits excavated at the locations indicated on Figure 1
and to the depths shown on Figure 2, the proposed type of construction, and our experience in
the area. Our services do not include determining the presence, prevention or possibility of mold
W -P - KUMAR
Project No. 16-7-607
-4 -
or other biological contaminants (MOBC) developing in the future. If the client is concerned
about MOBC, then a professional in this special field of practice should be consulted. Our
findings include interpolation and extrapolation of the subsurface conditions identified at the
exploratory pits and variations in the subsurface conditions may not become evident until
excavation is performed. If conditions encountered during construction appear different from
those described in this report, we should be notified at once so re-evaluation of the
recommendations may be made.
This report has been prepared for the exclusive use by our client for design purposes. We are not
responsible for technical interpretations by others of our information. As the project evolves, we
should provide continued consultation and field services during construction to review and
monitor the implementation of our recommendations, and to verify that the recommendations
have been appropriately interpreted. Significant design changes may require additional analysis
or modifications to the recommendations presented herein. We recommend on-site observation
of excavations and foundation bearing strata and testing of structural fill by a representative of
the geotechnical engineer.
If you have any questions or if we may be of further assistance, please let us know.
Respectfully Submitted,
H -P KUMAR
"----6P:::7
Lo s Eller
Reviewed by:
$ O Li .
Q
O•
Daniel E. Hardin, P.E. 1 ._//,,,(04 .'
LEE/kac ,
S/ONALN
attachments Figure 1 - Loca"."`: +xploratory Pits
Figure 2 - Logs of Exploratory Pits
Figures 3 and 4 - Swell -Consolidation Test Results
Figure 5 - USDA Gradation Test Results
Table 1 - Summary of Laboratory Test Results
cc: Mark Chain - mchain@sopris.net
M -P KUMAR
Project No. 16-7-607
16-7-607
COUNTY ROAD 111 (PRINCE CREEK ROAD)
PROFILE
PIT 2
•
SEPTIC
AREA
PROFILE •
PIT 1
PIT 2 •
r
PIT 1 r
• r
r
r
BUILDING f`
AREA
,
,
,
r /,
1
1
H -P- KUMAR
r
r
20 0 20 40
APPROXIMATE SCALE -FEET
LOCATION OF EXPLORATORY PITS
Fig. 1
W
1
1-
EL
La
0
— 0
— 5
PIT 1 PIT 2
EL. 112' EL. 110'
WC=7.5
DD=92
-200=40
WC=11.7
DD=98
WC=10,8
00=95
WC=14.6
OD=94
-200=60
PROFILE PIT 1 PROFILE PIT 2
EL. 108'
2
EL. 101'
-� GRAVEL=4
--1 SAND=61
SILT=22
CLAY=13
0
5 —
10 10—
LEGEND
0—
LEGEND
TOPSOIL; ORGANIC SAND, SILT AND CLAY, FIRM, MOIST, DARK BROWN.
SAND (SM); SILTY, SLIGHTLY CLAYEY, MEDIUM DENSE, MOIST, BROWN.
HAND DRIVEN LINER SAMPLE.
r_iDISTURBED BULK SAMPLE.
NOTES
1. THE EXPLORATORY PITS WERE EXCAVATED WITH A JOHN DEERE 35G MINI -EXCAVATOR ON
NOVEMBER 22, 2016.
2. THE LOCATIONS OF THE EXPLORATORY PITS WERE MEASURED APPROXIMATELY BY PACING FROM
FEATURES SHOWN ON THE SITE PLAN PROVIDED.
3. THE ELEVATIONS OF THE EXPLORATORY PITS WERE OBTAINED BY INTERPOLATION BETWEEN
CONTOURS ON THE SITE PLAN PROVIDED.
4. THE EXPLORATORY PIT LOCATIONS AND ELEVATION SHOULD BE CONSIDERED ACCURATE ONLY
TO THE DEGREE IMPLIED BY THE METHOD USED.
5. THE LINES BETWEEN MATERIALS SHOWN ON THE EXPLORATORY PIT LOGS REPRESENT THE
APPROXIMATE BOUNDARIES BETWEEN MATERIAL TYPES AND THE TRANSITIONS MAY BE GRADUAL.
6. GROUNDWATER WAS NOT ENCOUNTERED IN THE PITS AT THE TIME OF EXCAVATING. PITS WERE
BACKFILLED SUBSEQUENT TO SAMPLING.
7. LABORATORY TEST RESULTS:
WC = WATER CONTENT (%) (ASTM 0 2216);
DD = DRY DENSITY (pcf) (ASTM D 2216);
-200 = PERCENTAGE PASSING NO. 200 SIEVE (ASTM 0 1140);
GRAVEL = PERCENT RETAINED ON NO. 10 SIEVE;
SAND = PERCENT PASSING NO. 10 SIEVE AND RETAINED ON NO. 325 SIEVE;
SILT = PERCENT PASSING NO. 325 SIEVE TO PARTICLE SIZE .002MM;
CLAY = PERCENT SMALLER THAN PARTICLE SIZE .002MM.
16-7-607
H - P45KUMAR
LOGS OF EXPLORATORY PITS
Fig. 2
7
0
-1
k —2
CONSOLIDATION - SWELL
— 3
— 4
— 5
— 6
— 7
- 8
- 9
SAMPLE OF: Silty Sand
FROM: Boring 1 0 6.5'
WC = 11.7 X, OD = 98 pcf
ADDITIONAL COMPRESSION
UNDER CONSTANT PRESSURE
DUE TO WETTING
--r
1
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16-7-607
1.0 APPLIED PRESSURE — KSF 10
H—PkeKUMAR
SWELL -CONSOLIDATION TEST RESULT
100
Fig. 3
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3
1
11
2
0
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—4
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-10
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—14
100
16-7-607
H-PvKUMAR
SWELL -CONSOLIDATION TEST RESULT
Fig. 4
SAMPLE OF: Silty Sand
FROM: Pit 2 0 2.5'
WC = 10.8 X. DD = 95 pcf
I
!'
ADDITIONAL COMPRESSION
UNDER CONSTANT PRESSURE
DUE TO WETTING
_1
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16-7-607
H-PvKUMAR
SWELL -CONSOLIDATION TEST RESULT
Fig. 4
I- HYDROMETER ANALYSIS SIEVE ANALYSIS
q q TIME READINGS LIS_ STANDARD SERIES 1 CLEAR SQUARE OPENINGS
0 25 MIN. 15 MIN_ 60MIN19M:N,4 MIN,1 MI#325 #140 #60 #35 #18 #10 #4 3!8' 314' 1 112' 3" 5'6' 8'
I
___
PERCENT RETAINED
g o a 0 0' a 0 0 0 0
r' ^ O G O E O O 8
PERCENT PASSING
.001 .002 .005 .009 .019 .045 .106 .02S .500 1.00 2.00 4 75 9 5 19.0 37,5 76.2 152 203
DIAMETER OF PARTICLES IN MILLIMETERS
cukr I 9L1 Iswn
GRA L
ti' rot 1 FPF 1 ME[A1M IcOARSE h R ARSE
SMALL 1 MECILM 1 LPP:{ I cows
GRAVEL 4 % SAND 61 % SILT 22 % CLAY 13 %
USDA SOIL TYPE: Sandy Loam FROM: Profile Pit 2 @ 3' to 4'
16-7-607
H-PtiKUMAR
USDA GRADATION TEST RESULTS
H -P KUMAR
ri
W
-J
SUMMARY OF LABORATORY TEST RESULTS
Project No. 16-7-607
SOIL TYPE
I Silty Sand
el
ci]
.:r
Silty Sand
Silt and Sand
Sandy Loam
USDA SOIL TEXTURE
GRAVEL SAND SILT CLAY
(%) (%) (%)
M
N
N
78
d'
PERCENT
PASSING
NO. 200
SIEVE
d'
100
GRADATION
0
z
a ?_.
cn
GRAVEL
(%)
NATURAL
DRY
DENSITY
(pcf)
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00
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ON
NATURAL
MOISTURE
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(°'f
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Civil Engineering
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Engineering Report
Holgate/Luttrell Minor Subdivision Plat
Garfield County, CO
Project No. 17001.01
February 17, 2017
Contents
A. IntroductionNicinity Map 1
B. Acces Drives 3
C. Water Supply 4
D. Onsite Wastewater Treatment System (OWTS) 4
E. Other Utilites 4
F. Drainage 4
G. Drainagelnfrasture Improvements 5
Appendix
923 Cooper Avenue, Ste. 201 1 Glenwood Springs, CO 81601 1 970.945.5252 1 www.bu-inc.corn
A. Introduction
This report presents the required engineering information for Holgate/Luttrell Minor Subdivision, per
the Garfield County's Pre -application Conference Summary, dated 7-22-16. The location of the
4.846 acre site is shown below on the vicinity map in Figure 1 and is located at the south end of
Carbondale on the northeast corner of the tee intersection of HWY 133 and County Road 111 (aka
Prince Creek Road) .
IYf V'k]!
.Carbon4le
'SI
v ,
.1 srvrwtFaarpl ,1) r_
a f y
!CALE 1:24000
r
try the Ceningice! Survey
1.am AVIA
7
Figure 1: Vicinity Map of Site — Portion of USGS Carbondale Quad
Scale: 1" = 2000'
Page 1
923 Cooper Avenue, Ste. 201 1 Glenwood Springs, CO 81601 1 970.945.5252 1 www.bu-inc.corn
As shown below in Figure 2, the drawing portion of the proposed plat, prepared by Lines In Space,
divides the 4.627 acres into two Tots; Lot A's acreage is 2.558 and Lot B's acreage is 2.069.
HOLGATE/LUTTRELL
LEGEND AND NOTES
0 SET HESS, a OAP WHILED RS N1111
m TELEPHONE PEDEST L
0 utILilY POLE
�tr OYETIMEw UTILITY LITN
•......... -EWE DE wow a DSI YEUY
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Figure 2: Drawing portion of Plat & Site Plan
Page 2
923 Cooper Avenue, Ste. 201 1 Glenwood Springs, CO 81601 1 970.945.5252 1 www.bu-inc.corn
The existing improvements on the platted property (shown on Figure 3 below) includes two existing
single family residences, several sheds, and a greenhouse on Lot A and vacant land on Lot B. The
developer is proposing a single family residence in the open pasture field on the south east portion
of Lot B along the north side of CR 111.
Figure 3: Google Map Image with Property Lines (approximate)
B. Access Drives
As shown in Figure 3 above, two separate gravel driveways coming off from CR 111 to the
residences on Lot A shall remain in place. A single -lane gravel driveway is planned for the
proposed single family residence on Lot B at the southwest corner of lot B along CR 100's north
right-of-way.
The County Road Superintendent accepts the proposed driveway location and agrees to waive the
100' minimum separation between adjacent driveway and with the condition that vegetation (brush
and tree branches) is removed within the County right-of-way for adequate CR 111's eastbound
traffic visibility from the new driveway. Unless noted otherwise, driveway construction shall comply
with the County Roadway standards in Table 7-107
Other than one new driveway access for Lot B, no roads, trails, walkways and bikeways are
necessary for this proposed development.
Page 3
923 Cooper Avenue, Ste. 201 1 Glenwood Springs, CO 81601 1 970.945.5252 1 www.bu-inc.corn
C. Water Supply
According to Town of Carbondale Pubic Works records, potable water is currently provided to the
two existing residences on Lot A with a common 1-1/2" service tap off from the Town of
Carbondale's 10" waterline running along the east side of State Highway 133. The developer is
finalizing an agreement with the Town that will provide potable water service to Lot B with the
extension of their existing service line running along the north side of CR 111. A water line
easement will easement will be provided across Lot A. Wastewater Disposal
D. Onsite Wastewater Treatment System (OWTS)
Onsite Wastewater Treatment System(s) (OWTS) currently service the two existing residences on
Lot A, as there are no central wastewater collection systems available in the area, Therefore an
OWTS will be required for the proposed residence on Lot B.
The H -P Kumar Subsoil Study, dated December 13, 2016 evaluated the subsoils for the proposed
residence on Lot B. The study determined that the subsoils in the proposed septic disposal field
area is a 2A texture soil type, as identified in table 10-1 of the Colorado States OWTS design
criteria regulations. Ground water was not encountered during the investigation. An OWTS
application and design with Level 1 treatment shall be required as part of the building permit
process for Lot B.
E. Other Utilities
Electric & telephone services currently provide to the two existing residences on Lot A and are
available for the proposed residence on Lot B. Natural gas is not available in the area. A "Will
Serve" letter from Xcel Energy is included as an exhibit.
F. Drainage
As per the above referenced County's Pre -Application Summary, a site drainage evaluation has
been completed for the developable portion of Lot B. A new single family residence is proposed to
be located on the open 0.4 acre pasture area with a 15% uphill slope along the north side of CR
111. A small irrigation ditch flows westerly along the uphill side of the pasture area. As shown
above on Figure 2, the hillside above the pasture area and a private driveway on northerly side of
property increases to steeper grades above 30% with minimal vegetation other than pinion and
juniper.
Surface runoff is minimal sheet flow crossing the site for the proposed residence. The irrigation
ditch and the further uphill driveway's side ditch currently mitigates most offsite surface runoff away
from the proposed building site generated from the steep hillside to the north. During the building
permit process, a drainage study along with grading and mitigation shall be required for Lot B, once
building construction details are known.
Selected structures and Best Management Practices (BMPs) shall be used to complete the design
including: roof gutters, grass lined swales, a detention pond with an outflow control structure,
sediment control fencing, any necessary rip -rap and/or erosion control blanket.
Page 4
923 Cooper Avenue, Ste. 201 1 Glenwood Springs, CO 81601 1 970.945.5252 1 www.bu-inc.corn
G. Infrastructure Improvements
Based on our above findings, no infrastructure improvements shall be necessary, therefore, no cost
estimate has been prepared.
Page 5
923 Cooper Avenue, Ste. 201 1 Glenwood Springs, CO 81601 1 970.945.5252 1 www.bu-inc.corn
Appendix
• Subsoil Study for Foundation Design Proposed Residence —
By HP —Kumar, Dated December 13, 2016, Proj No. 16-7-607
• Will serve letter for Holgate/Luttrell Minor Subivision, Lot B —
By Xcel Energy, Dated Feb 16, 2016,
923 Cooper Avenue, Ste. 201 1 Glenwood Springs, CO 81601 1 970.945.5252 1 www.bu-inc.corn
H-PKUMAR
Geotechnical Engineering 1 Engineering Geology
Materials Testing 1 Environmental
5020 County Road 154
Glenwood Springs, CO 81601
Phone: (970) 945-7988
Fax (970) 945-8454
Email: hpkglenwood@kumarusa.com
December 13, 2016
Paul Luttrell
975 State Highway 133
Carbondale, Colorado 81623
(pluttrell®carbondalefire.org)
Office Locations: Parker, Glenwood Springs, and Silverthome, Colorado
Project No.16-7-607
Subject: Subsoil Study for Foundation Design, Proposed Residence, Lot B, Paul Luttrell
Minor Subdivision, County Road 111, Garfield County, Colorado
Dear Mr. Luttrell:
As requested, H-P/Kumar performed a subsoil study for design of foundations at the subject site,
The study was conducted in accordance with our agreement for geotechnical engineering
services to you dated November 17, 2016. The data obtained and our recommendations based on
the proposed construction and subsurface conditions encountered are presented in this report.
Proposed Construction: The proposed residence will be one story wood frame construction
above a crawlspace and with an attached garage. The building area is located on the site as
shown on Figure 1. Garage floor will be slab -on -grade. Cut depths are expected to range
between about 3 to 5 feet. Foundation loadings for this type of construction are assumed to be
relatively light and typical of the proposed type of construction.
If building conditions or foundation loadings are significantly different from those described
above, we should be notified to re-evaluate the recommendations presented in this report.
Site Conditions: The vacant property is located on the uphill side of County Road 111 (Prince
Creek Road) and has recently been used as horse pasture. Vegetation in the building area
consists of grass and weeds. The hillside above the building area is vegetated with pinion and
juniper forest. The ground surface slopes strongly down to the south at about 15% in the
building area. An irrigation ditch is located uphill of the building site as shown on Figure 1. The
hillside above the irrigation ditch is steep at about 35% grade and numerous cobbles and
boulders are exposed on the surface.
Subsurface Conditions: The subsurface conditions at the site were evaluated by excavating two
exploratory pits in the building area and two profile pits in the septic disposal area at the
approximate locations shown on Figure 1. The logs of the pits are presented on Figure 2. The
-2 -
subsoils encountered, below about six inches of topsoil, consist of silty clayey sand with
scattered gravel. Results of swell -consolidation testing performed on relatively undisturbed
samples of silty sand, presented on Figures 3 and 4, indicate low compressibility under existing
moisture conditions and light loading and low to moderate collapse potential (settlement under
constant load) when wetted. The samples were highly compressible after wetting and under
increased loading. Results of a USDA soil texture gradation analysis performed on a sample
obtained from Profile Pit 2 (minus 1'/a inch fraction) are presented on Figure 5. No free water
was observed in the pits at the time of excavation and the soils were slightly moist to moist.
Foundation Recommendations: Construction of a residence and septic system on this site
should be feasible from a geotechnical perspective. Considering the subsoil conditions
encountered in the exploratory pits and the nature of the proposed construction, we recommend
spread footings placed on the undisturbed natural soil designed for an allowable soil bearing
pressure of 1,200 psf for support of the proposed residence. The soils tend to compress after
wetting and there could be some post -construction foundation settlement. It will be critical to the
long term performance of the structure that the recommendations for surface drainage and
subsurface drainage contained in this report be followed. Footings should be a minimum width
of 20 inches for continuous walls and 2 feet for columns. Loose and disturbed soils or existing
fill encountered at the foundation bearing level within the excavation should be removed and the
footing bearing level extended down to the undisturbed natural soils. Exterior footings should be
provided with adequate cover above their bearing elevations for frost protection. Placement of
footings at least 36 inches below the exterior grade is typically used in this area. Continuous
foundation walls should be reinforced top and bottom to span local anomalies such as by
assuming an unsupported length of at least 14 feet. Foundation walls acting as retaining
structures should be designed to resist a lateral earth pressure based on an equivalent fluid unit
weight of at least 50 pcf for the on-site soil as backfill.
Floor Slabs: The natural on-site soils, exclusive of topsoil, are suitable to support lightly loaded
slab -on -grade construction. To reduce the effects of some differential movement, floor slabs
should be separated from all bearing walls and columns with expansion joints which allow
unrestrained vertical movement. Floor slab control joints should be used to reduce damage due
to shrinkage cracking. The requirements for joint spacing and slab reinforcement should be
established by the designer based on experience and the intended slab use. A minimum 4 inch
layer of free -draining gravel should be placed beneath basement level slabs to facilitate drainage.
This material should consist of minus 2 inch aggregate with less than 50% passing the No. 4
sieve and less than 2°70 passing the No. 200 sieve.
All fill materials for support of floor slabs should be compacted to at least 95% of maximum
standard Proctor density at a moisture content near optimum. Required fill can consist of the on-
site soils devoid of vegetation, topsoil and oversized rock.
Underdrain System: Although free water was not encountered during our exploration, it has
been our experience in mountainous areas that local perched groundwater can develop during
times of heavy precipitation or seasonal runoff. Frozen ground during spring runoff can also
create a perched condition. We recommend below -grade construction, such as retaining walls,
H -P‘- KUMAR
Project No. 16-7-607
-3-
crawlspace and basement areas, be protected from wetting and hydrostatic pressure buildup by
an underdrain system.
The drains should consist of drainpipe placed in the bottom of the wall backfill surrounded above
the invert level with free -draining granular material. The drain should be placed at each level of
excavation and at least 1 foot below lowest adjacent finish grade and sloped at a minimum 1% to
a suitable gravity outlet. Free -draining granular material used in the underdrain system should
contain less than 2% passing the No. 200 sieve, less than 50% passing the No. 4 sieve and have a
maximum size of 2 inches. The drain gravel backfill should be at Ieast 1'/2 feet deep. An
impervious membrane such as 20 to 30 mil PVC should be placed beneath the drain gravel in a
trough shape and attached to the foundation wall with mastic to prevent wetting of the bearing
soils.
Surface Drainage: The following drainage precautions should be observed during construction
and maintained at all times after the residence has been completed:
I) Inundation of the foundation excavations and underslab areas should be avoided
during construction.
2) Exterior backfill should be adjusted to near optimum moisture and compacted to
at least 95% of the maximum standard Proctor density in pavement and slab areas
and to at least 90% of the maximum standard Proctor density in landscape areas.
3) The ground surface surrounding the exterior of the building should be sloped to
drain away from the foundation in all directions. We recommend a minimum
slope of 12 inches in the first 10 feet in unpaved areas and a minimum slope of 3
inches in the first I0 feet in pavement and walkway areas. A swale may be
needed uphill to direct surface runoff around the residence.
4) Roof downspouts and drains should discharge well beyond the limits of all
backfill.
5) Landscaping which requires regular heavy irrigation should be located at least 10
feet from the building. Consideration should be given to the use of xeriscape to
limit potential wetting of soils below the foundation caused by irrigation.
Septic Disposal Area: The soil texture and structure conditions in the proposed septic disposal
area were evaluated by excavating two profile pits at the approximate locations shown on Figure
1. The logs of the pits are presented on Figure 2. The subsoils encountered, below about six
inches of topsoil, consist of sandy loam. Results of a gradation analysis performed on a sample
of sandy loam (minus 111/? inch fraction) obtained from the site are presented on Figure 5. The
soil type based on the gradation analysis and soil texture is 2A. No free water or evidence of
seasonal perched water was observed in the pits at the time of excavation and the soils were
slightly moist to moist.
Limitations: This study has been conducted in accordance with generally accepted geotechnical
engineering principles and practices in this area at this time. We make no warranty either
express or implied. The conclusions and recommendations submitted in this report are based
upon the data obtained from the exploratory pits excavated at the locations indicated on Figure 1
and to the depths shown on Figure 2, the proposed type of construction, and our experience in
the area. Our services do not include determining the presence, prevention or possibility of mold
W -P - KUMAR
Project No. 16-7-607
-4 -
or other biological contaminants (MOBC) developing in the future. If the client is concerned
about MOBC, then a professional in this special field of practice should be consulted. Our
findings include interpolation and extrapolation of the subsurface conditions identified at the
exploratory pits and variations in the subsurface conditions may not become evident until
excavation is performed. If conditions encountered during construction appear different from
those described in this report, we should be notified at once so re-evaluation of the
recommendations may be made.
This report has been prepared for the exclusive use by our client for design purposes. We are not
responsible for technical interpretations by others of our information. As the project evolves, we
should provide continued consultation and field services during construction to review and
monitor the implementation of our recommendations, and to verify that the recommendations
have been appropriately interpreted. Significant design changes may require additional analysis
or modifications to the recommendations presented herein. We recommend on-site observation
of excavations and foundation bearing strata and testing of structural fill by a representative of
the geotechnical engineer.
If you have any questions or if we may be of further assistance, please let us know.
Respectfully Submitted,
H -P KUMAR
"----6P:::7
Lo s Eller
Reviewed by:
$ O Li .
Q
O•
Daniel E. Hardin, P.E. 1 ._//,,,(04 .'
LEE/kac ,
S/ONALN
attachments Figure 1 - Loca"."`: +xploratory Pits
Figure 2 - Logs of Exploratory Pits
Figures 3 and 4 - Swell -Consolidation Test Results
Figure 5 - USDA Gradation Test Results
Table 1 - Summary of Laboratory Test Results
cc: Mark Chain - mchain@sopris.net
M -P KUMAR
Project No. 16-7-607
16-7-607
COUNTY ROAD 111 (PRINCE CREEK ROAD)
PROFILE
PIT 2
•
SEPTIC
AREA
PROFILE •
PIT 1
PIT 2 •
r
PIT 1 r
• r
r
r
BUILDING f`
AREA
,
,
,
r /,
1
1
H -P- KUMAR
r
r
20 0 20 40
APPROXIMATE SCALE -FEET
LOCATION OF EXPLORATORY PITS
Fig. 1
W
1
1-
EL
La
0
— 0
— 5
PIT 1 PIT 2
EL. 112' EL. 110'
WC=7.5
DD=92
-200=40
WC=11.7
DD=98
WC=10,8
00=95
WC=14.6
OD=94
-200=60
PROFILE PIT 1 PROFILE PIT 2
EL. 108'
2
EL. 101'
-� GRAVEL=4
--1 SAND=61
SILT=22
CLAY=13
0
5 —
10 10—
LEGEND
0—
LEGEND
TOPSOIL; ORGANIC SAND, SILT AND CLAY, FIRM, MOIST, DARK BROWN.
SAND (SM); SILTY, SLIGHTLY CLAYEY, MEDIUM DENSE, MOIST, BROWN.
HAND DRIVEN LINER SAMPLE.
r_iDISTURBED BULK SAMPLE.
NOTES
1. THE EXPLORATORY PITS WERE EXCAVATED WITH A JOHN DEERE 35G MINI -EXCAVATOR ON
NOVEMBER 22, 2016.
2. THE LOCATIONS OF THE EXPLORATORY PITS WERE MEASURED APPROXIMATELY BY PACING FROM
FEATURES SHOWN ON THE SITE PLAN PROVIDED.
3. THE ELEVATIONS OF THE EXPLORATORY PITS WERE OBTAINED BY INTERPOLATION BETWEEN
CONTOURS ON THE SITE PLAN PROVIDED.
4. THE EXPLORATORY PIT LOCATIONS AND ELEVATION SHOULD BE CONSIDERED ACCURATE ONLY
TO THE DEGREE IMPLIED BY THE METHOD USED.
5. THE LINES BETWEEN MATERIALS SHOWN ON THE EXPLORATORY PIT LOGS REPRESENT THE
APPROXIMATE BOUNDARIES BETWEEN MATERIAL TYPES AND THE TRANSITIONS MAY BE GRADUAL.
6. GROUNDWATER WAS NOT ENCOUNTERED IN THE PITS AT THE TIME OF EXCAVATING. PITS WERE
BACKFILLED SUBSEQUENT TO SAMPLING.
7. LABORATORY TEST RESULTS:
WC = WATER CONTENT (%) (ASTM 0 2216);
DD = DRY DENSITY (pcf) (ASTM D 2216);
-200 = PERCENTAGE PASSING NO. 200 SIEVE (ASTM 0 1140);
GRAVEL = PERCENT RETAINED ON NO. 10 SIEVE;
SAND = PERCENT PASSING NO. 10 SIEVE AND RETAINED ON NO. 325 SIEVE;
SILT = PERCENT PASSING NO. 325 SIEVE TO PARTICLE SIZE .002MM;
CLAY = PERCENT SMALLER THAN PARTICLE SIZE .002MM.
16-7-607
H - P45KUMAR
LOGS OF EXPLORATORY PITS
Fig. 2
7
0
-1
k —2
CONSOLIDATION - SWELL
— 3
— 4
— 5
— 6
— 7
- 8
- 9
SAMPLE OF: Silty Sand
FROM: Boring 1 0 6.5'
WC = 11.7 X, OD = 98 pcf
ADDITIONAL COMPRESSION
UNDER CONSTANT PRESSURE
DUE TO WETTING
--r
1
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16-7-607
1.0 APPLIED PRESSURE — KSF 10
H—PkeKUMAR
SWELL -CONSOLIDATION TEST RESULT
100
Fig. 3
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-10
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—14
100
16-7-607
H-PvKUMAR
SWELL -CONSOLIDATION TEST RESULT
Fig. 4
SAMPLE OF: Silty Sand
FROM: Pit 2 0 2.5'
WC = 10.8 X. DD = 95 pcf
I
!'
ADDITIONAL COMPRESSION
UNDER CONSTANT PRESSURE
DUE TO WETTING
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16-7-607
H-PvKUMAR
SWELL -CONSOLIDATION TEST RESULT
Fig. 4
I- HYDROMETER ANALYSIS SIEVE ANALYSIS
q q TIME READINGS LIS_ STANDARD SERIES 1 CLEAR SQUARE OPENINGS
0 25 MIN. 15 MIN_ 60MIN19M:N,4 MIN,1 MI#325 #140 #60 #35 #18 #10 #4 3!8' 314' 1 112' 3" 5'6' 8'
I
___
PERCENT RETAINED
g o a 0 0' a 0 0 0 0
r' ^ O G O E O O 8
PERCENT PASSING
.001 .002 .005 .009 .019 .045 .106 .02S .500 1.00 2.00 4 75 9 5 19.0 37,5 76.2 152 203
DIAMETER OF PARTICLES IN MILLIMETERS
cukr I 9L1 Iswn
GRA L
ti' rot 1 FPF 1 ME[A1M IcOARSE h R ARSE
SMALL 1 MECILM 1 LPP:{ I cows
GRAVEL 4 % SAND 61 % SILT 22 % CLAY 13 %
USDA SOIL TYPE: Sandy Loam FROM: Profile Pit 2 @ 3' to 4'
16-7-607
H-PtiKUMAR
USDA GRADATION TEST RESULTS
H -P KUMAR
ri
W
-J
SUMMARY OF LABORATORY TEST RESULTS
Project No. 16-7-607
SOIL TYPE
I Silty Sand
el
ci]
.:r
Silty Sand
Silt and Sand
Sandy Loam
USDA SOIL TEXTURE
GRAVEL SAND SILT CLAY
(%) (%) (%)
M
N
N
78
d'
PERCENT
PASSING
NO. 200
SIEVE
d'
100
GRADATION
0
z
a ?_.
cn
GRAVEL
(%)
NATURAL
DRY
DENSITY
(pcf)
CA
00
in
ON
NATURAL
MOISTURE
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(°'f
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LOCATION
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Xcel Energy°
February 16, 2017
Boundaries Unlimited Inc
Attn Bruce D Lewis
923 Cooper Ave Ste 201
Glenwood Spgs, CO 81601
Re: Will serve letter for Holgate/Luttrell Minor Subdivision, Lot B
Dear Mr. Lewis,
In accordance with our tariffs filed with and approved by the Colorado Public Utilities
Commission, Electric facilities can be made available to serve your project at the
Holgate/Luttrell Minor Subdivision, Lot B.
Service will be provided after engineering is completed, payment is received, any
easements are signed and construction can be completed. We will have better
information available after design has been completed as to a scheduled in-service
date.
If I can be of further assistance, please contact me at 970-244-2622.
Sincerely,
Sam Wakefield
Xcel Energy Planner
Mailing address: Public Service Company of Colorado
2538 Blichmann Ave
Grand Junction, CO 81505
Revision June 1, 2016
Section 4
Compliance with Article 7 - Standards, Division 1-4
Compliance, Comment and Justification Statement
SECTION 4
COMPLIANCE WITH ARTICLE 7, DIVISIONS 1 — 4
The following section of this application addresses compliance with the criteria
and standards of Article 7, Divisions 1-4 of the Garfield County Land Use and
Development Code. Responses to each criterion are in "italics". Where
standards don't apply, NA or reason for non -applicability will be stated.
DIVISION 1 GENERAL APPROVAL STANDARDS FOR LAND USE
CHANGE PERMITS
Section 7-101 Compliance with Zone District Use Restrictions.
Response: The site is located in the County's Rural "R"
District. The proposal is in compliance with the Zone
District, lot and building requirements, intent statement, use
and general restrictions and measurements contained in
Article 3 (Zoning) of the LUDC. A building has not been
designed for the lot as of this time but this would appear to
be a straightforward matter. Any construction would take
place on the relatively flat and billable portions of the
proposed lot.
The other two residences on the subject parcel would remain
as presently configured. They were constructed well before
land -use regulations in Garfield County were adopted. One
structure was built in 1935 and the other in 1962. It is our
understanding that no nonconformities would be created as
a part of the Minor Subdivision if approved.
Section 7-102 Compliance with Comprehensive Plan and
Intergovernmental Agreements
Response: The property is designated as being in the Phase
1 Annexation Area in the Town of Carbondale
Comprehensive Plan 2013. Please see Application
introduction and narrative for more detail. Our review of the
Comprehensive Plan indicates that this Minor Subdivision is
in compliance. We have discussed development of the
property with Town staff and they have indicated they will not
require annexation into the Town. The Town will be referred
the application as part of the County Development Review
Agency Process and as part of an IGA between the County
and the Town.
Section 7-103 Compatibility
Response: The nature, scale and intensity of the proposed
use are compatible with adjacent land uses. The two existing
residential structures on the existing lot are relatively modest
(each less than 1200 SF) and proposed site will also be
modest. The lots in question after subdivision are in keeping
with the lot sizes in general north of the subject site — both
along Highway 133 and immediately off of Highway 133. As
noted in Section 2, nearly 50% of lots in the area are less
than 2 acres in size and 39% are less than 1 acre, with a
corresponding density of < 1 ac./du. Moreover, the proposed
minor subdivision is on the north side of that portion of
County Road 111 and not towards the more rural or
agricultural south side of CR 111(holdings by the Big 4
Ranch, etc.).
Section 7-104 Sufficient Legal and Physical Source of Water
Response: An application has been made to the Town of
Carbondale to provide water from the Carbondale Municipal
Water System. The existing two residences on the lot are
presently served by the Town. We will keep staff informed of
progress of the application. Water sampling tests are made
regularly by the Town. We can provide test results if
requested. As this is a Municipal system with a relatively
long history, we feel that providing water sample for the
actual addresses in question is overkill.
Section 7-105 Central Water Distribution and Wastewater Systems
Response: Water — As noted above, request has been
made to look on to the Town of Carbondale Municipal Water
System.
Wastewater— The lot is approximately1/4 mile from the
location of the closest wastewater main of the Carbondale
Municipal Wastewater System. It is not cost-effective to hook
onto the Municipal Wastewater system (only one dwelling
unit is being proposed). If the town's wastewater system and
associated wastewater mains ever get extended into the
area, this unit will gladly hook onto the town system. Each of
the existing units has an OWTS.
Section 7-106 Public Utilities
Response: Adequate public utilities are available. An OWTS
will be provided for the newly created lot. Phone service
crosses the property and electricity is available in CR 111. A
physical illegal source of water is been discussed above.
Propane will be used if gas service is desired.
Both existing structures on the parcel have Town service for
water and OWTS. They also have access to telephone,
propane and electricity. Utilities discussed in more detail in
the Engineering Letter.
Section 7-107 Access and Roadways
Response: No new roads or rights-of-way are proposed. CR
111 will be used for access for the newly created lot. We are
currently in the process of contacting County Road and
Bridge for their input into the matter. The existing structures -
36 and 74 CR 111 have access directly off of CR 111 since
they were built.
Our initial investigation into the matter show that there are no
existing driveway permits for 36 and 74 CR 111. It is our
understanding that these driveways are adequate as we are
not aware of any concerns or deficiencies over the years.
Our engineer is looking into the matter.
No improvements or modifications to County roads are
needed or proposed. No interior public roads are proposed
for the Property.
Section 7-108 Use of Land Subject to Natural Hazards
Response: No significant hazards exist where development
is proposed for the newly created lot (Lot B). Above the
ditch line Northwest of what will be Lot 8 there are slopes in
excess of 30%. This area of slope is indicated by a line on
the plat. Topography in the area where a new structure will
be located range from 5 to 15%. There are no
slope/topographical issues related to the two existing
residential structures.
A Foundation and Septic Suitability analysis was undertaken
by Kumar Inc. Their findings are that development for the
subject site can move forward and that there are no undue
hazards.
The property is not subject to debris flows, flooding,
avalanche, alluvial fan etc. Interestingly, we have talked to
the professional who undertook the geologic investigation.
The area does have some of the deepest soil deposits in the
area compared to similar properties.
The Geotech investigation indicates that the subject site can
accommodate an OWTS. The future land owner will submit
a permit before proceeding to any construction of an OWTS.
Section 7-109 Fire Protection
Response: The property is served by the C&RDFPD and is
located about 0.4 miles from District Headquarters and
Station 1. Wildfire Hazard is discussed in Section 7-206. A
preliminary discussion with the Carbondale & Rural Fire
Protection District Fire Marshall was held on site. The staff
planner will have additional conversations with the District
during the County review process for the application.
DIVISION 2 GENERAL RESOURCE PROTECTION STANDARDS FOR
LAND USE CHANGE PERMITS
Section 7-201 Protection of Agricultural Lands
Response:
No adverse affect on Ag Lands. The subject parcel is used
in a minor way for agriculture. The northern half of the
property is used as a hayfield, and this use will remain in the
future. A small horse pasture on what will be the southeast
portion of Lot 2 was utilized for such purposes by the ranch
manager for the property to the south. That property is a
relatively large ranch with lots of room, and any horse
pasture can be relocated there. Therefore, the impact
agriculture is minimal.
As only one house is being built in this area, the adjoining
agricultural lands, ranches and irrigated fields will not be
harmed related to land use for the subject site, increase in
traffic etc.
Ditches. The existing ditches will not be modified.
Section 7-202 Protection of Wildlife Habitat Areas
Response:
The property has not been identified as critical habitat for
deer, elk or other major wildlife classifications. There are no
known raptor nests, roosting sites etc. In general, there has
been a history of human habitation in the area due to the
close proximity to the Town of Carbondale and this human
disturbance results in the fact that it is unlikely that wildlife
find long term habitat with the exception of minor foraging
potential.
Section 7-203 Protection of Water bodies
Response: There are no water bodies such as lakes,
reservoirs or rivers on the property subject to the Minor
Subdivision. There is a ditch lateral along the north and
northeast property boundary and this will not be touched.
Section 7-204 Drainage and Erosion
Response: A very small area at the Eastern portion of
Parcel 2 will be built on with a single-family house. It is
assumed any activity would be less than 1 acre an area and
not subject to CDPHE permits.
Positive drainage away from such a structure will be
designed. Care will be taking to ensure that any drainage
related to the access driveway does not impact CR 111.
The Engineer's Report addresses the issue of drainage and
erosion.
Section 7-205 Environmental Quality
Response: No impacts are foreseen related to air or water
quality - as any development will be minimal. The land use
will be a single-family detached home which is appropriate in
this setting in the County's Rural Zone District. No
commercial or industrial activities are proposed or
anticipated.
Section 7-206 Wildfire Hazards
Response: The subject property appears to be listed as a
"high" fire hazard area according to the Community Wild fire
Protection Plan. We believe this is because a section of the
subject parcel includes an area slope greater than 30% with
considerable woodland vegetation. However, the majority of
the subject site is either flat or has a slope of between five
and 15% and has been used for residential purposes as well
as for some pasture. It is our opinion that the area subject to
human use will be low fire hazard.
We have contacted the Fire Marshall at the Carbondale &
Rural Fire Protection District and have talked about both
access and wildfire risk/hazard. The Fire Marshall said he is
familiar with the site and would respond as necessary when
the District receives the land -use referral from County Staff.
We will communicate with the Fire District if any comments
or concerns are expressed.
Section 7-207 Natural and Geologic Hazards
Response: A portion of what will become Parcel 2 has
slopes greater than 30%. These will not be developed. Any
use of the property or development will incur on a site that
has been studied by Kumar Inc. This area is subject to five
to 15% slopes. Kumar has performed a study related to
foundation design and septic suitability and has found as
proposed can be undertaken. We acknowledge that this is
not a full -on Geotechnical Analysis and will perform one if
County Staff indicates but the fact of development in the
surrounding area plus where the home would be located
indicates that this type of development is acceptable and
appropriate.
A simple slope analysis is provided on the draft Minor
Subdivision Plat.
There are no identified avalanche hazard areas, alluvial
fans, known faults or landslide hazard areas. The property is
not subject to high water table and is not in the 100 year
floodplain.
Section 7-208 Reclamation
Response: The development will comply with the standards
outlined in Section 7-208 of the Land Use Code. No
significant infrastructure is being proposed for the
subdivision as a whole. Reclamation standards in Section 7-
208 B will be followed for an OWTS and for driveway
construction as necessary. These include:
• Contouring and Revegetation.
• Weed management.
• Application of Top Soil Where Necessary.
• Retaining Walls (if applicable).
• Removal of significant Debris (if applicable).
Disturbed areas will also be treated so that noxious weeds
are controlled.
DIVISION 3 SITE PLANNING AND DEVELOPMENT STANDARDS
The standards in this section apply to any land use change including division of
land. Because of the small scale of this Minor Subdivision, some of the
standards appear not to apply on initial analysis. We will address these sections
for completeness purposes and in order to show the relationship of the existing
land use with applicable standards as much as possible
Section 7-301 Compatible Design
Response: The Minor Subdivision application complies
with these sections.
A. Site Organization. The site for creation of the proposed
lot is appropriate and similar to other residential uses in the
surrounding area.
B. Operational Characteristics. No objectionable emissions
expected. No processing or other related Light Industrial
uses are anticipated. There will not be a land -use which
requires specified "hours of operation".
C. Buffering. No required buffering is anticipated. Land uses
are similar and there are no foreseen incompatibilities
because of being adjacent to a different zone district or land -
use.
D. Materials. Appropriate materials for a residential use will
be selected.
Section 7-302 Off- Street Parking and Loading Standards
Response: Section 7-302
A. Off-street parking will be provided as per code in a
relatively straightforward fashion for this single-family
detached residence.
B. No off-street loading is required except residential
standards.
C. NA
D. spaces will be provided on the same lot as the principal
use.
E. NA
F. An appropriate surface will be provided for the driveway
and parking areas.
G. will comply
H. NA
I. NA
J. NA
K. Will comply
L. Tandem parking not necessary
M. The driveway and parking area will be oriented so that
backing out onto a public right away is not necessary.
N. NA
O. NA
Section 7-303 Landscaping Standards
Response: Note: Single- family Dwelling Units are exempt
from this section. Applicant will be landscaping the site in an
appropriate manner. Care will be taking to retain existing
vegetation where appropriate. A clear vision area will be
maintained.
Section 7-304 Lighting Standards
Response. Will comply with applicable County Lighting
Standards.
Section 7-305 Snow Storage Standards
Response: NA. Single- family Residential Use. Does not
apply.
Section 7-306 Trail and Walkway Standards
Response: NA. No trails or sidewalks are proposed.
DIVISION 4 SUBDIVISION STANDARDS AND DESIGN SPECIFICATIONS
Section 7-401 General Subdivision Standards
Response:
A. Maintenance of Common Facilities. NA. There are no
common facilities
B. Domestic Animal Control. Will comply. However, please
note that at this time protective covenants are not being
proposed with the minor subdivision.
C. Fireplaces. Will comply if solid- fuel -burning devices are
utilized.
D. Development in Floodplain. NA. The subject property is
not located in a floodplain.
Section 7-402 Subdivision Lots
Response
A. Lots Conform to Code. The newly created lot and the
lot with the existing structures which is being modified
due to the subdivision will meet zoning dimensional
requirements for the "R" Zone District.
B. Side Lot Line Alignment. Complies (side lot line
substantially at right angles to right-of-way lines).
C. Lots configuration, cul-de-sacs. NA. No cul-de-sacs or
unusual lots being created.
D. Lot division by Boundaries, Roads or Easements
Prohibited. Complies. No lots are being divided by
municipal boundaries, County roads or other public
rights-of-way.
Section 7-403 Survey Monuments
Response: The subdivision will comply with any required
state or County regulations related to monuments, markers
and benchmarks.
Section 7-404 School Land Dedication
C. Payment in Lieu of Dedication of Public Sites.
Response: The subject site lies within the RE -1 School
District and is subject to Sections 7-404 of the County Land
Use Code. A payment in lieu of land dedication is proposed.
The County Land Use Code has the following land
dedication standard at this time:
• 1776 SF of land required per student
• Each single-family dwelling generates 0.49 students per
dwelling unit.
• # of units = 1 (there will be a total of 3 units on site, but 2
are pre-existing)
Land dedication Standard:
Land area per student X students generated per unit=
1776 SF/student X 0.49students/unit = 870 SF/unit
Formula for Fee In -lieu of dedication
Unimproved Per Acre Market Value of Land x
Land Dedication Standard x
Number of Units =
Market Value X 870 SF/Unit X 1 unit=
Market Value of land X 870 SF (0.02 ac.)
Note: 1 Single -family detached unit is being added to the
subject parcel. It is our understanding that the School Land
Dedication standard was not in effect when the previous
dwelling units were constructed. We are not sure if County or
RE -1 District policy requires payment of school land
dedication fees for units built prior to the Policy/standard.
Because of the small size of the project, the applicant would
like the option of providing a Brokers Price Opinion for the
cost of land prior to the recording of the Final Plat.
Section 7-405 Traffic Impact Fees
Response: The project is included in the "East Benefit Area"
for Road Impact Fees is updated in January, 2017. Only one
additional dwelling unit associated with the project will be
built. We will pay as directed by the LUDC (50% at time of
Final Plat and the rest to be collected at issuance of Building
Permit).
Section 5
Miscellaneous Documents
Statement on Municipal Water Connectoin
Title Commitment (linked title Commitment to be e-mailed to staff planner)
Property Deeds
List of Property Owners within 200 Ft.
Mineral Rights Owners
Permission to move water line
Agreement between Paul Luttrell
And Louise Holgate to vacate waterline at 24 Cr 111
And rerouted to new property next door to 74 CR 111
For Garfield County minor subdivision approval
Louise Holgate
to
1 0 = - iL
Mark Chain
From: Kevin Schorzman <kschorzman@carbondaleco.net>
Sent: Tuesday, February 14, 2017 7:45 AM
To: Mark Chain
Subject: RE: Town water for Paul Luttrell at Holgate property at CR 111 (Prince Creek Road
Mark,
Thanks for the reminder. We have prepared an agreement between the Town and Etta Holgate related to the water
taps on her property. Mark Hamilton is reviewing it, but in essence the agreement allows the relocation of the tap at 24
CR 111 to the land where Luttrell wants to build. As long as the agreement is executed prior to any land transaction, the
Town will allow the relocation of the tap from 24 CR 111 to another location on Etta's property. Let me know if you
have any questions.
Thanks,
Kevin
Reference:
COMMITMENT for TITLE INSURANCE
issued by
TITLE COMPANY
of the rockies
as agent for
WESTCOR LAND TITLE INSURANCE COMPANY
Commitment Number: 0600563-C
Commitment Ordered By:
Paul Luttrell
Paul Luttrell
email: pluttrell@carbondalefire.org
Inquiries should be directed to:
Mary Scheurich
Title Company of the Rockies
1620 Grand Avenue
Bldg Main Floor 1
Glenwood Springs, CO 81601
Phone: 970-945-1169 Fax: 844-269-2759
email: MScheurich@titlecorockies.com
Reference Property Address:
24 Prince Creek Road, Carbondale, CO 81623
SCHEDULE A
1. Effective Date: August 19, 2016, 7:00 am
2. Policy (or Policies) to be issued:
ALTA Owner's Policy (6-17-06)
Proposed Insured: A Buyer To Be Determined
Issue Date: September 01, 2016
Policy Amount:
Premium:
3. The estate or interest in the Land described or referred to in this Commitment is:
Fee Simple
and Title to said estate or interest is at the Effective Date vested in:
Etta L. Holgate
4. The Land referred to in this Commitment is located in the County of Garfield, State of Colorado,
and is described as follows:
FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE
LEGAL DESCRIPTION
The Land referred to herein is located in the County of Garfield, State of Colorado, and described as
follows:
A parcel of land situated in Lots 18 and 19 of Section 3, and in Lots 1 and 2 of Section 10, Township 8
South, Range 88 West of the Sixth Principal Meridian,
lying Northerly of the Northerly right-of-way line of a County Road as constructed and in place, being
County Road No. 111, said parcel of land is described as follows:
Beginning at a point on the Northerly right-of-way line of said road whence a Rock Corner found in place
and properly marked for the Section Corner common to Sections 2, 3, 10, and 11 bears: N.71°26'56" E.
491.69 feet, thence N. 72°38'00" W. 278.03 feet along said right-of-way line;
thence N. 39°38'00" W. 12.24 feet along said right-of-way line;
thence N. 80°13'00" W. 276.42 feet along said right-of-way line;
thence N. 02°58'25" E. 65.27 feet;
thence S. 82°08'11" E. 40.56 feet;
thence N. 19°32'12" W. 34.58 feet;
thence N. 61°24'07" W. 66.85 feet;
thence S. 88°39'53" W. 54.11 feet,
thence N. 10°53'20" W. 344.60 feet;
thence N. 67°38'00" E. 64.23 feet;
thence S. 81°33'20" E. 77.76 feet;
thence N. 62°27'00" E. 37.12 feet;
thence N. 05°14'00" E. 123.177 feet;
thence N. 89°53'00" E. 115.78 feet;
thence S. 28°26'27" E. 25.87 feet;
thence S. 13°03'23" W. 92.33 feet;
thence S. 04°30'14" E. 47.86 feet;
thence S. 10°22'16" E. 58.89 feet;
thence S. 31°26'00" E. 22.94 feet;
thence S. 21°24'20" E. 246.81 feet;
thence S. 41°27'03" E. 79.33 feet;
thence S. 52°49'00" E. 61-90 feet;
thence S. 65°34'03" E. 171.22 feet;
thence 5.12 feet along the arc of a curve to the right, having a radius of 15.53 feet, the chord of which
bears: S. 08°38'12" E. 5.09 feet;
thence 44.22 feet along the arc of a curve to the left, having a radius of 63.88 feet, chord of which bears:
S. 19°02'00" E. 43.34 feet;
thence 73.82, feet along the arc of a curve to the right, having a radius of 80.46 feet, the chord of which
bears: S. 12°35'00" E. 71.26 feet;
thence S. 13°42'00" W. 3.59 feet to a point on the Northerly right-of-way line of said county road, the
point of beginning
Commitment No. 0600563-C Schedule B -I Requirements
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B - SECTION I
REQUIREMENTS
THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH:
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the
estate or interest to be insured.
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed
for record, to wit:
1. Release by the Public Trustee of Garfield County of the Deed of Trust from Charles R. Holgate and
Etta L. Holgate for the use of JPMorgan Chase Bank, N.A., to secure $35,000.00, dated May 16,
2005, and recorded June 6, 2005 at Reception No. 675719.
NOTE: The above Deed of Trust secures a revolving line of credit, as such it must be released in
its entirety and the account closed.
2. Deed from Etta L. Holgate to A Buyer To Be Determined.
NOTE: Duly executed real property transfer declaration, executed by either the Grantor or
Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288 -
CRA 39-14-102.
THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF
THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR GARFIELD
COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR
DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES,
AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY,
AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO
THE COMPANY.
NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND
UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL
BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR
NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES
UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND
SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF
INSURANCE.
Alta Commitment - 2006 Schedule B -I Requirements
Commitment No. 0600563-C Schedule B -II Exceptions
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B - SECTION II
EXCEPTIONS
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless
the same are disposed of to the satisfaction of the Company.
Any loss or damage, including attorney fees, by reason of the matters shown below:
1. Any facts, right, interests, or claims which are not shown by the Public Records but which could be
ascertained by an inspection of said Land or by making inquiry of persons in possession thereof.
2. Easements or claims of easements, not shown by the Public Records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land.
4. Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished, imposed by
law and not shown by the Public Records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the
Public Records or attaching subsequent to the effective date hereof, but prior to the date of the
proposed insured acquires of record for value the estate or interest or mortgage thereon covered by
this Commitment.
6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public
agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown
by the records of such agency or by the Public Records.
7. Right of the Proprietor of a vein or lode to extract and remove his ore therefrom, should the same be
found to penetrate or intersect the premises hereby granted, as reserved in United States Patent
recorded January 11, 1893 in Book 12 at Page 205, October 26, 1897 in Book 12 at Page 465 and
May 29, 1901 in Book 12 at Page 565.
8. Right of way for ditches or canals constructed by the authority of the United States, as reserved in
United States Patent recorded October 26, 1897 in Book 12 at Page 465 and May 29, 1901 in Book
12 at Page 565.
9. Any and all water and water rights, reservoir and reservoir rights, ditches and ditch rights, and the
enlargements and extensions thereof, and all laterals, flumes and headgates used in connection
therewith.
10. Oil and Gas Lease between Fred K. Holgate and Dorothy J. Holgate and Francis W. Christensen,
recorded July 21, 1960 in Book 328 at Page 403 and any and all assignments or interests therein.
11. Easement and right of way for road purposes, as granted by Charles R. Holgate and Etta L. Holgate to
Owen Holgate and Jean A. Holgate, by instrument recorded June 4, 1982 in Book 600 at Page 708,
said easement being more particularly described therein.
12. Easement and right of way for ingress and egress purposes, as granted by Charles R. Holgate and Etta
L. Holgate to Henry L. and Kathryn W. Ortiz, by instrument recorded August 16, 2002 at Reception
No. 609059, said easement being more particularly described therein.
Alta Commitment - 2006 Schedule B -II Exceptions
Commitment No. 0600563-C Schedule B -II Exceptions (continued)
13. Easement and right of way for ingress and egress purposes, as granted by Charles R. Holgate and Etta
L. Holgate to Charles F. Brenner and Sharon A. Brenner, by instrument recorded November 20, 2007
at Reception No. 737665, said easement being more particularly described therein.
Alta Commitment - 2006 Schedule B -II Exceptions (continued)
Commitment No. 0600563-C Disclosure Statements
DISCLOSURE STATEMENTS
Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, requires that
"Every Title entity shall be responsible for all matters which appear of record prior to the time of
recording whenever the Title entity conducts the closing and is responsible for recording or filing of legal
documents resulting from the transaction which was closed." (Gap Protection)
Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's
Policy to be issued hereunder upon compliance with the following conditions:
A. The Land described in Schedule A of this commitment must be a single-family residence, which
includes a condominium or townhouse unit.
B. No labor or materials may have been furnished by mechanics or materialmen for purpose of
construction on the Land described in Schedule A of this Commitment within the past 13 months.
C. The Company must receive an appropriate affidavit indemnifying the Company against unified
mechanic's and materialmen's liens.
D. Any deviation from conditions A though C above is subject to such additional requirements or
Information as the Company may deem necessary, or, at its option, the Company may refuse to delete
the exception.
E. Payment of the premium for said coverage.
Note 3: The following disclosures are hereby made pursuant to § 10-11-122, C.R.S.:
(i) The subject real property may be located in a special taxing district;
(ii) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer
or the County Treasurer's authorized agent; and
(iii) Information regarding special districts and the boundaries of such districts may be obtained from the
County Commissioners, the County Clerk and Recorder, or the County Assessor.
Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to
comply with the disclosure or withholding provisions of C.R.S. §39-22-604.5 (Non-resident
withholding).
Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given:
(a) If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed
from the surface estate then there is a substantial likelihood that a third party holds some or all interest
in oil, gas, other minerals, or geothermal energy in the property, and
(b) That such mineral estate may include the right to enter and use the property without the surface
owner's permission.
Note 6: Effective September 1, 1997, C.R.S. §30-10-406 requires that all documents received for
recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a
left, right and bottom margin of at least one-half inch the clerk and recorder may refuse to record or file
any document that does not conform.
Note 7: Our Privacy Policy:
We will not reveal nonpublic personal customer information to any external non-affiliated organization
unless we have been authorized by the customer, or are required by law.
Note 8: Records:
Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and
records sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes
for a period of not less than seven (7) years, except as otherwise permitted by law.
Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that
Disclosure Statements
"A title entity shall not earn interest on fiduciary funds unless disclosure is made to all necessary
parties to a transaction that interest is or has been earned. Said disclosure must offer the opportunity to
receive payment of any interest earned on such funds beyond any administrative fees as may be on file
with the division. Said disclosure must be clear and conspicuous, and may be made at any time up to and
including closing."
Be advised that the closing agent will or could charge an Administrative Fee for processing such an
additional services request and any resulting payee will also be subjected to a W-9 or other required tax
documentation for such purpose(s).
Be further advised that, for many transactions, the imposed Administrative Fee associated with such an
additional service may exceed any such interest earned.
Therefore, you may have the right to some of the interest earned over and above the Administrative
Fee, if applicable (e.g., any money over any administrative fees involved in figuring the amounts earned).
Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that
"Until a title entity receives written instructions pertaining to the holding of fiduciary funds, in a form
agreeable to the title entity, it shall comply with the following:
1. The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them in a
fiduciary capacity.
2. The title entity shall use any funds designated as "earnest money" for the consummation of the
transaction as evidenced by the contract to buy and sell real estate applicable to said transaction, except
as otherwise provided in this section. If the transaction does not close, the title entity shall:
a. Release the earnest money funds as directed by written instructions signed by both the buyer and
seller; or
b. If acceptable written instructions are not received, uncontested funds shall be held by the title entity
for 180 days from the scheduled date of closing, after which the title entity shall return said funds to
the payor.
3. In the event of any controversy regarding the funds held by the title entity (notwithstanding any
termination of the contract), the title entity shall not be required to take any action unless and until such
controversy is resolved. At its option and discretion, the title entity may:
a. Await any proceeding; or
b. Interplead all parties and deposit such funds into a court of competent jurisdiction, and recover court
costs and reasonable attorney and legal fees; or
c. Deliver written notice to the buyer and seller that unless the title entity receives a copy of a summons
and complaint or claim (between buyer and seller), containing the case number of the lawsuit or lawsuits,
within 120 days of the title entity's written notice delivered to the parties, title entity shall return the funds
to the depositing party."
TITLE CHARGES
These charges are based on issuance of the policy or policies described in the attached Commitment for
Title Insurance, and includes premiums for the proposed coverage amount(s) and endorsement(s) referred
to therein, and may also include additional work and/or third party charges related thereto.
If applicable, the designation of "Buyer" and "Seller" shown below may be based on traditional
settlement practices in Garfield County, Colorado, and/or certain terms of any contract, or other
information provided with the Application for Title Insurance.
Owner's Policy Premium: $0.00
Loan Policy Premium: $0.00
Additional Lender Charge(s):
Additional Other Charge(s): $375.00
Tax Certificate: $25.00
Total Endorsement Charge(s):
TBD Charge(s): $370.00
TOTAL CHARGES $770.00
DEEDS FOR PROPERTY OWNED BY ETTA HOLGATE
Recorded at-_ --__1 `0 o'clock_ /19._M.,
_.._........ .
Reception No 26970_ •
OGT 9 1975
0uuJK479 -P11GC 564
!Recorder.
THIS REED, ,Made this
19 75 , between
FRED K HOLGATE and DOROTHY J HOLGATE,
husband and wife
of -the - County of. Garfield , State of
Colorado, of the first part,; and
CHARLES R HOLGATE-and ETTA L HOLGATE, as
Joint tenants
of the • County of Garfield and State of
. Colorado, of the second part:
day of September
Recorder's Stamp
'OCT • = '�
is
WITNESSETH,That'thesaid.parti.esof the first part, for and in consideration of the sum. of
TEN DOLLARS AND OTHER GOOD AND VALUABLE CONS IDERATION xmaxxxxxx
to the said part ies of the first part in hand paid by the e said parties of the second part, the receipt
whereof is hereby confessed and acknowledged, ha ve remised, released,' sold, conveyed and quit
claimed, and by these presents do remise, release, sell, convey and quit claim unto the said parties of
the second: part, theirheirs and assigns forever,not in tenancy in common but in joint tenancy, all the
right, title, interest, claim and demand which the said parties of the first part ha ve .. in and to the
following; described lot or parcel of land situate; lying andbeing in the
County of Garfield and State of Colorado, to wit:
A parcel of land situated in. Lots 18 and 19 of Section 3, and in Lots 1 and 2
of Section 10, Toarnsip 8 South, Range 88 West of -1-he Sixth Principal Meridian,
lying Northerly of the Northerly right -of -gray line of a County Road as constructed
and in piece, being County Road No.: 111., said parcel of land is described as
fol=lows:
Beginning at a point on the Northerly right--of--way line of said road whence a
Rock Corner found in place and properly marked for the Section Corner common to
Sections 2,3,10, and 11 bears:N-71°26156" E. 491.69 feel- thence N.72`38'00T" W.
278.03feet along said right-of-way line; thence N.39°38'00" W. 12.24 feet
along said right-of-way fine; thence N.80"13'00" W. 2766.42 feet along said ,
right -of --way line: thence N.02'58'25" E. 65:27 feet; thence 5:82'08'11" E. 40.56
feet•; thence N.19'32'12" W. 34..58- feet; thence 1.61°24'07" W. 66.85 feet; thence
S.88'39/53" W. 54.11 feet, thence N-10053'20" W 344.6.0 feet; thence N.67'38100"
E. 64.23 feet; thence S. 81°33'20." E. 77:76 feet; thence N-62°27'00" E. 37.12
feet; :thence :N.05'14'00" E-123:77 feet; thence N.89°53100" E. :115.78 feet; thence
5:28`.26'27" E. 25:87: feet; thence. 5.13°03'23" W..92.33 feet; -thence 5.04'30'14"
E. 4.7.86 feet; thence S.10'22'16" E. 58:89 feet; -thence 5-31°26'00" E. 22 94
feet, thence 5.21°24'20" E.',246.81feet; thence 5.41'27'03" E 7.9.33 feet; thence
5:52'49'00" E. 61.90 feet,, thence 5.65'34'03" E. 171.22 feet; .thence 5.12 feet along
the arc of a curve tothe right, having a radius of 15_53' feet,' the chord of
which bears: '5 08038'12" E. 5.09 feet; thence 44.22 feat along the arc of a curve
to the left, having ;a radius of .63:88 feet the chord of tiih i ch bears: S.19'02'00"
E.`43.34 feet; thence 73.82 -feet along the arcof a curve to the right, having
•
-a radius of 80.46` feet, the chord of which bears: 5.12°35'00" E. 71.2'6 feet;
thence 5.13'42'00" W_ 3.5.9 feet to a point on the Northerly right-of-way line of
said county road, the point of beginning, together with all water rights
used in connection therewith. :`:'r - _ - --
NO STA'L'E DOCUMENTARY FEE REQUIRED -- CONSIDERATION LESS THAN $100.00.
BUN 479 PAGE' 65
TO HAVE AND TO .HOLD the some, together with all and singular the appurtenances and .privi-
leges thereunto belongingor in anywise thereunto appertaining, and all the estate, right, • title, interest,
and claim whatsoever of the said part 1eSof the first part, either in last or equity,unto the said parties
of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy.
IN WITNESS WREOF, The said part iesof the first part ha ve hereunto set their
hand s . and seal s : the day and year' first above w=ritten:
Signed, Sealed and Delivered in the:presence of -' 7 - t,e d ) cr- ~'4 [SEAL]
Fred K , Holgate - husband
[SEAL]
LC
A-'(L�. t_., wr 71, ii`. G [SEAL]
Dorothy , jHolgatewife
STATE OF. COLORADO, 1
County.of Garfield
The foregoing instrument was acknowledged before me this day of ` September
19 75 ,.by Fred K_. Holgate and Dorothy d. Holgate, husband and wife
E
'If, ycommission expires
<` r ; ji'" '�'.i1,/�y C?.sir- s-;ok1 expi _ Jul} 5, ` 976
:' '1+. TZ' NESS my hand and official seal.
�» .•C ♦ a - ' i Notary Public.
n
x'01.962. QilIT CLAIhI DEED.—To Joint Tenants.—Bradford Publiehfar Co., 1824-46 Stout Street, Denver. Colorado -10-72
Recorded at 7 0 55 o'clock. A • ,TVI., ' June 6 , 1968 .
241067 Chas. 5. Keegan ry gecorder.
Reception No.._..-..--"- ---...-' ----
Book 394
Page 569
THIS DEED, Made this 3rd
19 68 , between
FRED K. HOLGATE and DOROTHY .5, HOLGATE
day of June
of. theCounty of Garfield and state at
Colorado, of the first part, and
CHARLES R. HOLGATE and ETTA L. HOLGATE
RECOI2AER'S STAMP
STATT =OM FEF
Juju 6- ka
o£ the County of Garfield and state of Colorado, of the second part:
WITNESSETH, that the said part leaf the first part, for and in consideration of the sum of 4 }
TEN DOLLARS AND OTHER VALUABLE CONSIDERATION nn`r.r.ggg,
to the 'said part r-e4,f the first part in hand paid by the said parties of the second part, the receipt whereof is
hereby confessed and acknowledged, haVe granted, .bargained, said and conveyed, and by these presents do
grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not i
li
iI in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and 1
1 being in the County of Garfield and State of Colorado, to wit:
f A tract of land situated in Lots 18 and 19 of Section 3 and Lots
1 1 and 2.of Section 10, all in Township 8 South, Range 88 West of
the 6th Principal Meridian, lying Northerly of a county road as
II constructed and in place and Easterly of a road and ditch ease—
,
talent as constructed and•in place described as follows:
i6 Beginning at a point on the Northerly line of said -county
ii road whence -a rock set in place and properly marked for
}1 the Corner common to Sections 2, 3, 10 and 11 in said
q Township and Range bears N. 88°58'49" E. 1013.11.feet;
thence N. 77°26'00" W. 52.12 feet along the Northerly
line of --said road easement thence N: 17°13'00" W. 71.87 '
1feet along said road easement; thence -N. 10°53'20" W.
43.87 -feet along said road easement; thence.N. 88°39'53"
,i E. 54.11 feat; thence S. 61°2.4'07" E. 66.85 feet; thence
i[ 8. 19°32'12" E. 34.58 feet; thence N. 82°08'11" W. 40.56
0. feet; thence S. 02°58'25" W. 65.27 feet to a point on
II the Northerly line of said county road, the point of
beginning.
it
Ij
•
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in,anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; .and
all the estate, right, title, interest, claim and demand whatsoever of the said partiesof the first part either in
law or equity, 9f, in and to the above bargained premises, with the hereditaments and appurtenances.
No. 768. WARRA.NTT nEas—To Joint Tcrtints.--RendfordYubliahina Co_ 1824-46 Stout Street, Denver, Colorado
Book 394 age.570
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, •unto the
said parties of the second part, their heirs and assigns -forever- And the said parties of the first part, for '.
them selves,thei3lieirs, executors, and administrators, do covenant, grant, bargain and agree to '
and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery.
of these presents, they are well seized of the premises above conveyed, as of good, -sure, perfect, absolute
and indefeasible estate of inheritance in Iaw, in fee simple, and ha ve good right, full power and lawful authority
to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from
all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature;
soever, -
and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their
heirs and assigns, against all and every person or persona lawfully claiming or to claim the whole or any part thereof,
the said parties of the first part shall and will WARRANT AND.FOREVER DEFEND.
• IN WITNESS WHEREOF, the said part Lesof the first part.ha ve hereunto settheir hand s and
seals the der and year first above written.
Signed, Sealed and Delivered in the Presence of
STATE OF COLORADO,
County of Garfield
} ss.
T a £oragaing instrument was aclnowledged before me thin 3rd
0.3i19- .8,, . FRED K K. HQLGATE and DOROTHI' J . fIOLGATE
ti- a..E� ./fa: -
.•• ...,.; y(eaor ission expires July 16 , is 6 G8 . Witness my hand and official seal.
• �.� •.
•
-----[SEAL]
ts-..----[SEAL]
—----__-L$EAL]
day of June
_
Notary Pubiie.
�{ gdi"s9�uo'L:vei Derreon or persons kers insert name or names; if by ;mesons acting in represents ve or .ffieial capacity or as attoraey-in-Ppct,
c
• ft,. t ptt.efoo of person as aeeutor, attorney-in-fact or other capacity or description: if by offi •£ corporation, then insert name of cnch
E#}to'ffici S to;toiricers, as the president or other officers of such corporation, naming it.
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Account Number ParcelNo OwnerName
R090089 246303400010 TUTTLE INVESTMENTS, LLLP
R090045 246303400025 HOLGATE, ETTA L
R090087 246303400030 VERMEYEN, CHARLES P REVOCABLE TRUST
R082681 246310100090 FOUR BAR RANCH CO, LTD
R090149 246303400022 CRYSTAL RIVER BAPTIST CHURCH
R042126 246303400048 LMN INVESTMENTS, LLC
R042126 246303400048 NIESANIK INVESTMENT LLC
R042126 246303400048 NIESLANIK, MARK) &
R042126 246303400048 NIESLANIK, MARTIN J & JERILYN &
R450037 246303410006 CARBONDALE, TOWN OF
R090046 246303400033 SHAPIRO, MARC
R090025 246303400023 MORRIS, JEREMY D
R090083 246303400024 ORTIZ, KATHRYN WRIGHT & HENRY
R090004 246303400032 REED, SUSAN C
Address 2
183 COUNTY ROAD 167
PO BOX 441
51 COUNTY ROAD 165
PO BOX 686
2632 HIGHWAY 133
757 COUNTY ROAD 101
757 COUNTY ROAD 101
757 COUNTY ROAD 101
757 COUNTY ROAD 101
511 COLORADO AVENUE
0144 COUNTY ROAD 111
PO BOX 1191
10 COUNTY ROAD 111
PO BOX 757
City State ZipCode Situs House Number Street Name
GLENWOOD SPRINGS
CARBONDALE
CARBONDALE
CARBONDALE
CARBONDALE
CARBONDALE
CARBONDALE
CARBONDALE
CARBONDALE
CARBONDALE
CARBONDALE
CARBONDALE
CARBONDALE
CARBONDALE
CO 81601
CO 81623-0441
CO 81623
CO 81623-0686
CO 81623-9206
CO 81623
CO 81623
CO 81623
CO 81623-8911
CO 81623-2104
CO 81623
CO 81623
CO 81623-9215
CO 81623
2667
24 111 COUNTY
51 165 COUNTY
111 COUNTY
20 111 COUNTY
20 111 COUNTY
20 111 COUNTY
20 111 COUNTY
144 111 COUNTY
12 111 COUNTY
10 111 COUNTY
283 165 COUNTY
Designation City Zip Code
133 HWY CARBONDALE 81623
RD CARBONDALE 81623
RD CARBONDALE 81623
RD CARBONDALE 81623
CARBONDALE 81623
RD CARBONDALE 81623
RD CARBONDALE 81623
RD CARBONDALE 81623
RD CARBONDALE 81623
CARBONDALE 81623
RD CARBONDALE 81623
RD CARBONDALE 81623
RD CARBONDALE 81623
RD CARBONDALE 81623
MINERAL RIGHTS
An Oil and Gas Lease was entered into between Fred and Dorothy Holgate
Francis M. Christensen by an agreement dated May 26, 1960. This agreement
was recorded on July 21, 1960 at Reception No. 210338. This lease includes
land that may have been part of the property that was eventually transferred to
Charles and Etta Holgate.
Mr. Christensen assigned a number of leases to Pan-American Petroleum
Corporation on June 27, 1960. However, none of the legal descriptions indicated
any land in the sections and lots that are owned by Etta Holgate. A search of
County records did not show Mr. Christensen assigning any other leases to other
groups or individuals that included the sections and lots owned by Etta Holgate.
The preliminary information suggests that Mr. Christensen heirrs still may own
any mineral interests on the subject property. During the project review, we will
continue to search for an address for any of Mr. Christensen's heirs or find any
further information on what happened to him or any of the mineral rights
interests.
(0-3-L'3
Ececord id ,Nly 21, 19615 at 11:30 A. T e
gec.aPCt041A"210333„.„).
burn, r,. r¢, all-l'y i a f 6eAatagt der
redo..
MILL Colo.
Book 328 Page 1f03
asdiSASf]WE POINTfp.1HG
I.:NT, Entered Into this the _26111. dny of
T;a_v
1960
Srd__D.raCii; ,J . 11o11:ate
--T ---�_..—hr:.Si Jlrl'l •�1r, (ol flrarin
ailcis ?-, • f:h7r i 9. tenger ,
hereinafter called lessor,
hercInnJLer called I.Seee, docs wRpo55;
1. -That Irsar, for and Jn consideration or the rum of — Ten and more
015- ro I5 10.00-
,n land paid. mW 09 the [ovenphls odd a rremeul; hereinafter coneeincd Lo lar performed by the lessee, has this day grunted and leased end hereby grants,
• 1 +Lino nod lets 'tt;ln Lilc 1,-.Ine lor Lhe ptlrpn1:0 Of .0111th11 Irad operating for and producing oil nod gas, cnsingimed gas and castaghead gasoline, /eying pipe
Wan, outlet log mitts, :Loring all, building pewees, stations, telephone lines and other ,Lreateres thereon to produce, en e, td1, care of and rnanuf00Lllre ail of
suds substances, nnli for 'lensing and Boarding employers, the following described treat of hind In GEritel.d
c. -1415y. c:ol orndo-Lo-wt. Tian. £, S. R. 88 W. 6th P.1•r.
S'ec. 1: Part of P3: -NV., described in Boo c 99 at !age ��
c1e„tr_lloe1 in 1Snc,lr 25_8 er nave 599
'tract in Lot 3 described in Book 258 at -Tag. 599
S r. 3:_.7,,nii: of Lot 18
,`, lir. 3'r: 1'±rLtet .I.
Fac.1.?: 1.c 61 ocLoar-t of 1,ot 2; art of Lot 19 in Sac. 3 and of Lot 2 0�escriberl in
;;oak 2/I at Pages 96 al=ri 101 and 'rook 258 c -t Palle 600 in Sec. 10
I+, Fecuon-_f - ==--, T11or, bIP }: ovate 'ENS- and-ontaining 1'�n, 39 acres more or len.
Tlls hash .loll remain Irl /erre ler R term o0l0015101 years and as Iahg thereafter as o11. gar, rnsIngheed gas, casinghead gasoline or any of them
le produced,f-ave (5)
3. The lesser :.}loll deliver to the credit of the lessor Its royalty. 1500 of cost, In Lie pipe Line LO which lessee may connect Itswells the equal. one-eighth
Part .0 al 0!! rrr,dllicc,l had saved from the lensed premises. or pt the lessee's option. any PRY to the lessor !0r such one-eighth royalty the market price ler
ell o1 like prude and ,1r11vIty prevailing on the day s1,c!, 0!! is run 1010 the pipe 1lnc, or Into storage melte.
4 The lessee .shall nay Ies.or, as royalty, one-eighth of Me proceeds [roan the sale of the gas. ns such, for gas from welts where gas only Is round, end
trim. nl 0.14 shell pa. 1''11Ly 1550,1101 Dollars per 011n1110 05 'oy:thy frost each such well, and while Su011 royalty 10 5o paid Dinh well shall 0C held t0 be a
producing well muter I01 0000th numbered 10.0 hereel. The 10000, to hove 0100 free 0f charge 1000 any gas well on the leased premises for slaves and Inside
11gh0a In the pflnclpll dwelling house an said land by mLkine laps nein connections with the well, the use of Bald gas to be at the lessor's sole risk and ex-
Ireleg peroduct. ns roy-
y, one-eighth of+thepay Lo less. IDS e market value 00 gag 11p5nt'c01 front nny the mouth 11well
Lllc wll.used
f s 1dthe
gaslis sold by Lhc lessee,manufacture
thenolsgroyalty On¢ elghtbother
el the proceeds et
lire sale thereof.
its to both lmonies, for
lessll1lic rlessee chat. 00 or lecturer
cto Gor ell oee CS ymorarepfrom'this dote, opny Ior tLenderand ob Lor the 10080r or far from
the 10010rsdate,
C100111 laethe aseshell lermlrsntc
-
T7 i rs 1- 1.1-0 -.7 mut]nnnx at r-7 enlaflofl Sprit ?s, Coloraclo or
Is 0acrtsr0rs, which link and Its succresmrs arc Lhc lessor's agent and shall candour on the depository or any and all sums payable under this lease. re
gurdless of 0/tapirs of ownership In saki hod or In the oil and gas. or In the rcntOls to nccr110 thereunder the sum of
—_ —01505 1 unfdrecl inety-Si-a. and 39/1110 aper; 0.196.39" - -4 which al+alt apera10 as
rental .and cover the privilege o1 deferring the commencement of drilling operations for 0 period of one yesr. In like manner and upon like pa9check or
ments or
tenders, the drill!. or lessee oranityemall5nee hof ereof, moiled 0nr rattdelivered be tun ort bermesed rot the recital 20,101ike 0 date. Notwithstanding nts or the the depth tenders fthe lessorbe „ ore his 51eee500r
In interest, the paymentror tender of rentals In Or llie manner provided nhm'e shell lar binding on Lhe heirs. 00000050, eaccutors, and edminl9000tors of each person.
0, If at any 11,ne tutor Lo the dlscevery of oil or gar on this land end during the term of this tense, !ho lessee shall drill 0 dry hole, or holes, on this land.
this tense :dhoti 001 terminate. proyldell operations for the drilling of n well sha1l be commenced within Lwe1ea months from the expiration of the last rental period
tar which rcn.el hos been paid, or provided that within sold period the lessee begins or resumes the payment or rentals In the manner and amount herein above
ent of
nfnr/al7.le h1 id
1e tothin
lesser11nuns et MC l lev0ding paragrahs In Interest In Mite Bove borealgoverning
lands thenmthe rnt1re lols a dond 1.11c undivided fee rand simpleeffect thereof sall estatethereinh Ellen the ntIne in Croylties sad
renlnla herein provided ter 511011 he paid Lhc 11510 lessor only In W10 proportion which his Interest bear, to the whale and undivided lee,
0. Thr Imre .shall Haar the` right to use free or cost, gni. 011 and Dieter 00500 on said hind 101 its (meridiem thereon, except w ter from Che•o'olis al the
Maser. When required by leaser, the 10,0,0 c1,01i bury pipe lines below plow depth and shall pay for demage caused by Its operations 10 growing claps en
cold loud. Ha well sh511 be drilled nenrcr Lhnn 2no [vet to the house or barn now ort said premises without Written consent of the lessor. Leasee shall bum the
right nL any Dine during or niter 11le 0splrnLlOn of this lease to remove nil mann-mos', 11,10800, 1.01..0.5, buildings and other sir -natures pieced 0(1 0014 premises,
Including the fight la draw and remove all alining. •
the covenants hereat shelf
O 11 the late of either party hereto is assigned ;and the pri0llege of assigning in whole or in part Is expressly 9Slnw0dl,
extendthe 1e0101i 0.11110 niterelll notice a la ntllee lessee snn4Se10 hessand been furnished with the. nage waiter' transfer ownership the land or ignment orla the
rentalsor
the eof. In the event this
Lon eese shall he assigned ns to 0 siert. pr as to parts of the above described Sands, and the holder or owner of any such part 0r parts shall fall or make default.
Ill the payment of the proportionate part of the rent due from him or them, Such default shall not enerate5. 0 tldefeatrento affect Das any lease there lar a5 e In .50 IDT DT it co ens
0 tort or parts of Snld Innd upon which the said lessee or env assignee hereof shall make due pays
of lour putties entitled to rentals or royoltlrs, lessee may withhold payments thereat miless and instal 011 gristles designate, In writing, In n recordable Instru-
ment to be filed with the lessee, R cornmou agent in recelee ail pain10010 due hereunder, and to execute division end transfer orders on behalf of said pertIn,
and their r,0peet151 encu aro In 11110.
any
10. Lessor
Oortl;ages. or unreels
other liens existing, levied, sr cressDelo d 0 00 aganst herein the described
bave described ne5 0;01 lands arid, thelessee.
events Le chemises. art optlon. ,It, .shell rhe
subrogated to the right; 0f any holder or holders thereof sand may re1mhurse Itself by applying La the discharge of Ong suchxmor90000. las or other lien, 0150
cOy.lty or rentals/1500010/ bartender. - -
I1. NolwILhstending 0nythln5 In this lease contained to the Contrary, It Is expressly agreed that If lessee shall commence drilling operations a! any time
while this tense is In 10re0. this tense shall remain In Lorne and Its term shell continue s0 long a5 such oper001ods ore prosecuted end, It prodact010 res5110
therefrom, thou ns long as prodnclion conSlnuce.
19. If within the prhdnry herrn of this lease production on the Ieased 'smashes shalt cense Irom any 0ays0, Lids lease shall nor ot tcrminntt provide opera-
ren1015 10the
11.0t13aanneof r nlnd well
[mean1shell
hsrrinhefurered P ovided. 1f, after the
the expiration. oI rental
the primary 10.0,0 a of tprovided
lease, productlOO on thedleasedthe
premises shall
e 1811111 any cense, Lille Tense shall del terminate provided lessee resumes operltlons for drilling a well within sixty i09! treys from Eduonell cessatlen, and this
lease sho1l rcnlnln In force durl1g Lite prosecution of such operations and, if prnd0etien results thsere0 I.he thenlensa lung a b1'r duction pedalo. til release
IJ. Lessee may at Any time and from LLMe to Choc surrender this tense as Lo any part or par
thereof to Ile lessor, or by placing n release thereof of record In the proper county.
11. This tense and 011 ILS LermS, conditions, and stlpulntiens shall extend to nod he binding 0n all successors of sell lessor or ad
.0150. express or hn-
15. 1"110 teem shalt not he Lcro.Lnnled, In whole or In part. nor shall lensle belshtld liable hi damages, for failure comply
executive orders, rules. or
reee crvenn ata hereof, ,f Coal 9110 pc therewith 1s presented by, 6 and lessee,
rpliedel;ln,00e. If, 1d of
wan v the ierd causes,
Llan hereof. such ill f has not then extended i es (or oil or drilling the
as m this lease provirental ded.
11y 001son it any of ntt above rented 0155ea, is umiak to year
,o drill n wen 015 the leased premises r81 Irons orgas.
leased premises fallowing
the
any 0 01 abovelsion
her
11,1,35 1003 be extended 001' period tiled
year s icer enol the Sle r n Ive[rory hereon occurring I ninety flea 5 ore days fallowing the remove/ of such
dciuying cause. During any period that lessee Is unable to produce nad,lor market any products re o a
reeled c Drs. Gids tensa anal rcnlnln in fttn farce nod effect. to pads or unILISe all aPore r parts of the nbOYC de-
scribed
Lessee Is hereby given the right nil Its agnea, t any time and from time to time, any nc minimum six° tthet 0d which
scribe hand welly other land. lease, r leaser. In she immediate vicinity thereof, such prolleg to be Into units not exceeding c
aiell any be drilled under Saws, roles, or regulations 1.0 force et tete thnc of such pooling DT PrialeaLlon; provided, however, that such units may exceed
0
50111 widen, . Lo ehde5lred unit, by executing and recording an instrument Identifying the unitized ales. Arty well drilled operations 10ndx10d en
Shell milnlnvm by not more Lhnn ten Cr S If uch 0110,5 11 ntC0a31ry m order to conform to nwnarsmp subdivisions Or lease lines. Lessee shse
all ekerc
11111' lyarL df 1100±9 01511 /1011211011 be considered a well drilled 0r operat1001 conducted under this lease. and There shell be elloerted to the 5001151io 1 of 9110
alone
n,described
rmPuteland
on Included in basis,l,hearsunit
tosuch
the pentirel'acrif re 'acreage a111uch1 uplt0uAnd; ILfrom
is understowells
ad andsuch
agreed unit
th a the pmdnc1lonhsolallocated Shall
he considered for all purposes, Including the payment or delivery of royally. to be then lire pfnduetlan from the portion of the oOOYo described lend m-
antled In such 5001 In the some meaner no though produced from the 'shove 0,9001beel lond under the terms of this Icnse.
I17 tofI1-141110 901(111101'. a0 sign the dna: and yens firs; above written.
Z�� J
J red t.•1oleate
i26 -,moi
0
Do 174ny J. tlol ,ate
Book 3-2$
Page 401.
17. "Notwithstanding anything in this lease to the contrary
this lease shall cense and terminate three years from its
date unless there shall be commenced operations for the
drilling of a well for oil and gas at a location within
4 miles from the cornsr canton to Townships 7 and $ South,
Ranges 87 and 88 West of the 6th F.M."
18. "If Lessee has encountered water in a well which it has
determined to plug and abandon, Lessee shall notify
Lessor at the address shown in this lease, who, within
twenty-four (24) hours thereafter, shall notify Lessee
whether he elects to take over said well. If he does so
elect he shall pay Lessee the reasonable salvage value of
the casing in the well and execute proper instruments
indemnifying Lessee against all liabilities which may there-
after arise relative to said well including the plugging
and abandonment thereof. If he does not so elect or fails
to timely make any election this section shall terminate
and he of no further force or effect."
STATE OF nolorado
COUNTY OF rarr;ald
S GRED FOR IDE IFIGATIIN:
rl/ ,.
} ss. ACKNOWLEDGMENT FOR. INDIVIDUAL {Kans., Okla., and Colo.)
Before me, the undersigned, a Notary Public, within and for said county and state on this ' ' '26th
day of - l -fay , I9 6C , personally appeared Find rr 7Tn1 :r f -r,
and '...: !Inoxathy J. Eolgete, his wife
• n,
to �ine'pk�s�na)ly`iltq$wn-tti be the tdenticnl pe: nn_s_who executed the within and foregoing instrument and acknowledged to me
_that' -i' t}ie��,y3r execjted the same as their free and voluntary act and deed for the uses and purposes therein set forth.
.'IiQIWLT11tE5-1FI]EREOF, I have hereunto set my hand and official seal tday and year last above written.
biy Ju].y 12, 1960
•
STATE OF
COUNTY OF
Notary Public-
} ss. ACKNOWLEDGMENT FOR INDIVIDUAL {Kans., Okla., and Colo.)
Before me, the undersigned, a Notary Public, within and for said county and state, on this
day df _. - 19
,personally appeared
and
to mepersonallyknown to be the i3entical person_who executed the within and foregoing instrument and acknowledged to me
that executed the same as free and voluntary act and dead for the uses and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year last above written.
•
My commission expires
Notary Public.
STATE GN
COUNTY OF }ss• ACANOWLEDGMENT FOR CORPORATION
On this day of A D 29 before me, the undersigned, a Notary Public
•
in and for the county and state aforesaid, personally appeared
to me personally known to be the identical person who signed -the name of the maker thereof to the within and foregoing
instrument as its President and acknowledged to me that executed the same as free and
voluntary act and deed, and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth.
Given under my hand and seal the day and year Last above written.
My commission expires
U
r.
H
t.
0
O
w
This insti u nen
Notary Public.
z
0
d
o L
c�
F m
Mark Chain Consulting, LLC
Page 1
April 5, 2017
David Pesnichak, Senior Planner
Garfield County Department of Community Development
108 8t" Street, Suite 401
Glenwood Springs, CO 81601
RE: Letter of Technical Completeness — Holgate/Luttrell Minor Subdivision
Garfield County File Number MISA-02-17-8521
Dear David:
Thanks for your Letter of Completeness Review dated March 2, 2017. We are providing
the following revisions and supplemental information to correct the
deficiencies/questions in the application.
Water Supply.
1. Extra -Territorial Water Service Agreement. As mentioned in the application, the
Town of Carbondale and Etta Holgate are entering into an Extra -Territorial Water
Service Agreement in order to provide domestic water for Lot B and define the
specific terms under how domestic water will be provided. We are working on the
actual text of the Agreement at this time. I am providing the most recent
"strikethrough" so you can see the terms of the Agreement as well as its present
status. Presently, the Town provides domestic water to 2 residences on Lot A. A
third residence owned by Mrs. Holagte also receives domestic water from the town.
This residence is located on an "out lot" noted as Parcel 1 in the Water Service
Agreement. This residence is a mobile home. It has been disconnected from the
town system. This tap will be transferred to a new single-family home to be located
on Lot B.
2. Design/Hook Up Procedures. Bruce Lewis of Boundaries Unlimited, the Project
Engineer, has provided a letter regarding the steps to be taken for the actual
extension of the service line to the single-family residence on Lot B. As noted, there
are no design or record drawings. The design scenario is outlined on a step by step
basis on page 2 of the letter. The service line will have to be located, the line
exposed, and the engineering drawings completed after inspection of the specific
conditions. Please note that we are proposing this step be taken at the time of
building permit. We assume that with the execution of the Extra -Territorial Water
Service Agreement between the Town and Mrs. Holgate will suffice for proof of the
legal and physical water supply.
81 1 Garfield Avenue Carbondale, CO 81623 Ph 970.963.0385 Fax 970.963.2916
mchain@sopris.net
Mark Chain Consulting, LLC
Page 2
Slope Development
have had the Project Surveyor, Lines in Space, define a building envelope with slopes
containing 20% or less.
Other plat information
have also had the Project Surveyor update the plat. We have included the following:
• Draft plat notes using those outlined in the County Resource Guide.
• Provided the metes and bounds descriptions of Lots A and B as they would exist
after subdivision approval.
• Inserted a plat note which specifies the Title Commitment and order number.
• Included a 15 -foot -wide utility easement adjacent to County Road 111 for the
water service line.
• Added appropriate certificates that were not included on the original plat that we
provided on the application.
A few modifications to the plat will still be required as we move towards approval. For
example, the acreage of the subject property prior to subdivision is noted as 4.846
acres. This total should be 4.627 acres. A second minor error is a typographical error in
line 5 of the Certificate of Dedication and ownership (the spelling of the word "hereby").
We propose to fix these and other scrivener errors during the final review of the Minor
Subdivision Plat.
Finally, I would like you to review plat note # 6. We used the actual language outlined in
the County Resource Guide but this is not the specific language that I have seen on
other plats. We can talk about this in more detail once you have reviewed this letter and
deem the application complete.
Please contact me if you have any questions or wish to discuss in more detail. Thank
you on advance for your cooperation.
Sincerely,
Mask Chain
Mark Chain, Planner
811 Garfield Avenue Carbondale, CO 81623 Ph 970.963.0385 Fax 970.963.2916
mchain@sopris.net
Mark Chain Consulting, LLC
Page 3
ATTACHMENTS
Letter of Completeness (David Pesnichak — 3/2/17)
Draft/strike-through version of Extra -Territorial Water Service Agreement
Letter from Bruce Lewis, Project Engineer, dated 4/3/17
Draft Minor Subdivision Plat, Lines in Space
811 Garfield Avenue Carbondale, CO 81623 Ph 970.963.0385 Fax 970.963.2916
mchain@sopris.net
IC Garfield County
March 2, 2017
Mark Chain
811 Garfield Ave.
Carbondale, CO 81623
Reference: Administrative Review Minor Subdivision — Holgate / Luttrell — Minor Subdivision
Garfield County File Number MISA-02-17-8521
Dear Mr. Chain;
Garfield County is in receipt of an application for an Administrative Review Minor Subdivision application
in the Rural zone district. This application was submitted on February 17, 2017 and has been reviewed
for technical completeness. This review includes comments from the County Attorney's Office.
The following revisions/explanations/additional materials are requested:
Water Supply
1. The application indicates that water will be supplied by the Town of Carbondale with a Can and
Will Serve Letter forthcoming from the Town. In reviewing the email from Kevin Schorzman of the
Town of Carbondale dated February 14, 2017, it appears that the proposal with the Town is to
relocate an existing tap, not obtain a new tap for the proposed Lot B. As both Lots A and B are
considered new lots, please provide an explanation as to whether a new tap is to be obtained for
Lot B or whether the proposal is to relocate an existing tap from Lot A. In addition, please provide
an explanation as to how each existing home and proposed homes will be served by water
(existing tap, new tap, relocated tap, etc.).
Slope Development
2. The application states that all future development on Lot B will occur outside areas with slopes
30% or greater. Section 7-207(F) requires that any "Building lots with 20% or greater slope shall
require a special engineering study to establish the feasibility of development proposed for the
site". In addition, the Section goes on to state that "Development shall be permitted to occur on
Slopes greater than 30% only if the Applicant demonstrates that the development cannot avoid
such areas and the development complies with the following minimum requirements..." As the
applicant has proposed to avoid areas of steep slope and an engineering study has not been
provided that "establishes the feasibility of development" on slopes 20% or greater, a method to
limit the development to areas of 20% or less slopes or provide an engineering study that
1
addresses the ability to development on slopes between 20% and 30% appears necessary. As
there appears to be developable area outside 30% slopes, the ability to development at slopes
30% and above does not appear plausible. To this end, please provide one of the following:
- A building envelope that limits the development area to slopes 20% or less; or
- A building envelope that limits the development area to slopes 30% or less and
provide an engineering study demonstrating the feasibility to develop on slopes
between 20% and 30%.
We look forward to receiving the revisions and supplemental information and proceeding through the
Administrative Review process. Section 4-101 (B)(2)(a) stipulates that the applicant shall correct the
deficiencies within 60 calendar days of this letter or the application will be deemed withdrawn.
Feel free to contact me with any questions or request for clarifications regarding any of the above items.
You may reach me via email or at 970-945-8212.
Sincerely,
David Pesnichak, AICP
Attachments
Cc: File
2
TOWN OF CARBONDALE
EXTRA -TERRITORIAL WATER SERVICE AGREEMENT
FOR THE ETTA L. HOLGATE PROPERTY
This Extra -Territorial Water Service Agreement ("Agreement") is entered into this
day of , 2017, in Carbondale, Colorado, between THE TOWN OF
CARBONDALE, a Colorado home rule municipal corporation whose address is 511 Colorado
Ave., Carbondale, CO 81623 (hereafter the "Town"), and the ETTA L. HOLGATE, ("Owner"),
owner of Garfield County parcel number 2463-034-00-025 located at the northwest corner of
County Road 111 and State Highway 133, Carbondale, CO 81623.
WITNESSETH
WHEREAS, the Town owns and operates the Town of Carbondale water system in
accordance with the laws of the State of Colorado, and in accordance with the charter,
ordinances, rules, regulations, policies and resolutions of the Town of Carbondale, and this
Agreement is entered into in conformity with, and subject to, such charter, and all such
ordinances, rules, regulations, policies and resolutions; and
WHEREAS, the Owner is the owner of certain real property (the "Subject Property")
described as:
Parcel 1: Reception Number 241067, Book 394, Page 569
Parcel 2: Reception Number 269704, Book 479, Page 564
(Legal Descriptions of each parcel are included in Attachment A)
Street Addresses: 24 to 74 County Road 111, Carbondale, CO 81623
and
WHEREAS, the Subject Property comprises approximately 4.83 acres with two three
existing residences upon it excepting a separate mobile home parcel at 24 CR 111 Carbondale
CO; and
WHEREAS, because the Subject Property is located outside the current corporate limits
of the Town, the Subject Property is exempt from property taxes levied by the Town, land it
would not ordinarily be entitled to receive water service from the Town absent special approval
by the Town's Board of Trustees; and
WHEREAS, the Town operates a 10 -inch water main that passes through the subject
property; and
WHEREAS, Owner nonetheless has historically received potable water service from the
Town, at out-of-town water rates, for use in three residences, pursuant to a series of prior
approvals by the Town through a single tap to the Town's 10 -inch main that is privately piped to
the three residences; and
WHEREAS, Owner presently desires to demolish a mobile home on a separate parcel
Jocated at 24 CR 111 adjacent to the Subject Property and replace it with a new single family
home on the Subject Property and the mobile homc parcel shall not be served by this Water
Service Agreement upon demolition, and for resulting in three residences, including the new
home, to continue to receive water service from the Town for the Subject Property, subject to
Commented [Al]: Not sure if property taxes has anything to do
with providing water service — Just a question. The 1993
moratorium is what I always assume was the relevant issue
Formatted: Highlight
the Town's ordinances, procedures, rules and regulations concerning extra -territorial water
service; and the Town is willing to continue to provide said services on the conditions set forth in
this Agreement; and
WHEREAS, Owner's three private connections off of the single tap into the 10 -inch
water line referred to above, all existing water lines, hydrants and other water system
infrastructure located upon the Subject Property are private facilities that are and will continue to
be owned, operated, maintained, repaired and replaced by Owner; and
WHEREAS, in 1993 (Resolution 08-1993), the Town established a moratorium against
new water service outside of Town limits, but acknowledges that it was already providing water
service to three residences upon the Subject Property at that time; and
WHEREAS, the Town and Owner have determined to enter in into this Agreement to
clarify the terms of present or future water service to the Subject Property from the Town's
municipal system; and
WHEREAS, the Town is not hereby representing that it is a regulated public utility, or
holding itself out to the public in general as capable of or intending to provide water service
extraterritorially or as being responsible for operating the private water system infrastructure on
the Subject Property.
NOW THEREFORE, in consideration of the premises and the mutual promises and
covenants contained herein, the Town and Owner further agree as follows:
1. Relocation of Residence. The Town reaffirms its willingness to continue to provide
water service to three residences upon the Subject Property, at service levels of up to three
equivalent residential units (3.0 EQRs) as such service levels are defined in the Carbondale
Municipal Code, pursuant to a series of prior approvals by the Town, and further affirms that it
has no objection to the demolition of the mobile home and replacement of the same with a new
single family home, subject to all terms of this Agreement, including the subdivision and
redevelopment prohibitions set forth below in Section 4.
2. Water Use. The Owner agrees that water provided by the Town to the Subject Property
will be used for domestic and limited outdoor purposes only. Domestic use will be limited to
normal indoor use within no more than three single family residences. Outdoor use shall be
limited to hand watering trees bushes, shrubs, flowers, lawns and gardens within a radius of 50
feet from each residence served by the water service. Any other irrigation or livestock watering
needs shall be separately supplied by Owner from non -potable sources. The Owner further
agrees that monthly water use at any of the three homes in excess of 2.5 times the average winter
monthly usage ffor that home (defined as the average monthly usage in the previous December,
January and February) will result in disconnection from the Town's water supply. The Owner
shall pay for all water service at prevailing out-of-town water rates established and updated by
the Town from time to time.
3. Additional Future Service. The Owner acknowledges and agrees that requests for
additional water service in the future, including any expansion to more than three residences or
more than 3.0 EQRs in service levels, will be denied subject to the terms of Resolution 08-1993
as referenced above. The Owner further acknowledges and agrees that, even if the moratorium
imposed by Resolution 08-1993 is lifted, there is no guarantee that the Town will approve any
additional water service in the future as the Town has no obligation to provide new extra -
2
territorial water service to anyone. Any new or expanded service may also be conditioned upon
the dedication of water rights to the Town and payment of additional tap fees.
4. Subdivision or Redevelopment of the Subject Property. The Owner acknowledges and
agrees that any subdivision of the Subject Property, or any redevelopment of the Subject
Property for other than residential use for three homes, will nullify the Town's obligation to
provide future water service to the Subject Property.
5. Costs. All costs associated with the relocation including, but not limited to material cost,
new meter cost, permit costs and inspection cost, will be the responsibility of the Owner.
6. Ownership, Access, Meters and Backflow Prevention. The Parties agree that all existing
water lines and other water system infrastructure on the Subject Property below the single tap to
the Town's 10 -inch water main are and will be owned operated maintained, repaired and
replaced by the Owner. The Owner shall also keep and maintain an individual water service
meter acceptable to the Town at each residence on the Subject Property in operable condition
and install and maintain backflow preventers at each residence. The Town shall have access to
the Subject Property for purposes of meter reading and inspection of infrastructure and water use
on the Subject Property.
7. Extension of Water Service Prohibited. The parties agree that any extension of Town
water service connections beyond the limits of the Subject Property is strictly prohibited.
8. Maintenance of Private Infrastructure. The Town's only maintenance responsibility shall
be for its 10 -inch water main The Owner assumes sole responsibility for the operation and
maintenance of all private water system components below the tap to the Town's 10 -inch water
main
9. Rules and Regulations. Owner agrees to operate these components in a manner
consistent with all applicable local, Town, State, or Federal rules or regulations related to private
water systems or extra -territorial use of potable water delivered by the Town of Carbondale.
Among other applicable requirements, the Town's Municipal Code has extensive provisions
regarding conservation, drought restrictions, backflow prevention, and other pollution
restrictions. Owner agrees to adopt this Agreement and all generally -applicable Town water and
sewer system ordinances, rules and regulations as rules and regulations governing the use of
water on the Subject Property. Owner agrees to assist the Town in every manner reasonably
possible to enforce the Town's ordinances, rules and regulations made to protect purity, safety
and supply of the water delivered pursuant to the Subject Property pursuant to this Agreement,
including curtailment during times of shortage, elimination of any potential cross -connections,
and the utilization of water conservation devices. Owner also agrees to prohibit all unnecessary
or unreasonable waste of water on the Subject Property, and to make reasonable efforts to
enforce such prohibition. The unreasonable or unnecessary waste of water shall be defined as set
forth in the Town's Municipal Code or Utilities Department regulations and policies. Owner
further agrees not to discharge any items into the Town's sewer system contrary to applicable
laws, ordinances, rules and regulations applicable to sewer service by the Town to its residents or
non-residents.
10. Enforcement. The Parties recognize and agree that, in addition to all other rights it may
have, the Town has the right to enforce its respective ordinances, rules, regulations, and policies
for the delivery or use of treated water hereunder and the terms of this Agreement, to disconnect
the supply of water, and shall have all further remedies available in law or equity. Except in
emergencies, the Town shall provide Owner with at least 60 days advance written notice prior to
exercising its right to disconnect.
3
11. No waiver. Failure of a party to exercise any right hereunder shall not be deemed a
waiver of any such right.
12. Force Majeure. No party shall be held liable for a failure to perform hereunder due to
wars, strikes, acts of God, natural disasters, or other similar occurrences outside the reasonable
control of that party. if a force majeure event occurs, all performance periods effected by the
event shall be extended by a period of time equal to the duration of the effect of the force
majeure event.
13. No Assignment Without Consent. This Agreement and the water service commitment
shall run with the Subject Property. Owner shall not, without obtaining the prior written consent
of the Town, otherwise sell, assign, transfer, encumber or sublease any or all of the rights,
interests or obligations under this Agreement.
14. Severability. If any provision of this Agreement shall be or become invalid or
unenforceable, the remainder of the provisions shall not be affected thereby, and each and every
provision shall be enforceable to the fullest extent permitted by law.
15. Binding Agreement - Recording. This Agreement is binding upon the Parties hereto,
their successors and assigns, and is deemed to run with title to the Subject Property. This
Agreement and Exhibits hereto shall be recorded with the Garfield County Clerk and
Recorder.
16. Governing Law; Venue; Attorney's Fees. This Agreement and the rights and obligations
of the parties hereunder shall be governed by and construed in accordance with the laws of the
State of Colorado. Venue of all actions arising under this Agreement shall be Garfield County,
Colorado. In the event legal remedies must be pursued to resolve any dispute or conflict
regarding the terms of this Agreement or the rights and obligations of the Parties hereto, the
court shall award the prevailing party its costs incurred in pursuing such remedies, including
expert witness fees and reasonable attorney's fees.
17. Notices. All notices or other communications required or permitted under this Agreement
shall be in writing, shall be personally delivered or sent by certified mail, postage prepaid and
return receipt requested, and such notices shall be deemed given when received. Notices shall be
directed to the following addresses:
Town:
Owner:
Town of Carbondale
ATTN: Town Manager
511 Colorado Avenue
Carbondale, CO 81623
Etta L. Holgate
P.O. Box 441
Carbondale, CO 81623
18. Authorization of Signatures. The parties acknowledge and represent to each other that all
procedures necessary to validly contract and execute this Agreement have been performed and
4
that the persons signing for each party have been duly authorized to do so. The parties
acknowledge and agree that no representation or inducement has been made regarding the rights
set forth in this Agreement that is not expressly set forth herein.
19. Termination. This Agreement shall be terminated upon default by Owner if not
remedied within 60 days' notice of such a default by the Town, or otherwise terminated in
writing by mutual agreement of the Parties and the terms of this Agreement shall continue until
such termination.
20. Counterparts. This Agreement may be signed using counterpart signature pages, with the
same force and effect as if all parties signed on the same signature page.
IN WITNESS WHEREOF, the parties have executed this Agreement the date and year
first above written.
TOWN:
THE TOWN OF CARBONDALE, COLORADO
a Colorado home rule municipal corporation
By
Jay Harrington, Town Manager
Date:
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
Acknowledged before me , 2017, by Jay Harrington, Town
Manager of the Town of Carbondale, Colorado.
My commission expires
Witness my hand and official seal.
Notary Public
5
OWNER:
Date:
Etta L. Holgate
STATE OF COLORADO )
) ss.
COUNTY OF )
Acknowledged before me , 2017, by Etta L. Holgate.
My commission expires
Witness my hand and official seal.
Notary Public
6
ATTACHMENT A TO THE EXTRA -TERRITORIAL WATER SERVICE
AGREEMENT FOR THE ETTA L. HOLGATE PROPERTY
Parcel Legal Descriptions:
Parcel 1:
A tract of land situated in Lots 18 and 19 of Section 3 and Lots 1 and 2 of Section 10, all in
Township 8 South, Range 88 West of the 6th Principal Meridian, lying Northerly of a county
road as constructed and in place and Easterly of a road and ditch easement as constructed and in
place described as follows:
Beginning at a point on the Northerly line of said county road whence a rock set
in place and properly marked for the Corner common to Sections 2, 3, 10, and 11
in said Township and Range bears N. 88° 58' 49" E. 1013.17feet; thence N. 7T
26' 00" W. 52.12 feet along the Northerly line of said road easement thence N.
17° 13' 00" W. 71.87 feet along said road easement; thence N. 10° 53' 20" W.
43.87 feet along said road easement; thence N. 88° 39' 53" E. 54.11 feet; thence
S. 61° 24' 07" E. 66.85 feet; thence S. 19° 32' 12" E. 34.58 feet; thence N. 82° 08'
11" W. 40.56 feet; thence S. 02° 58' 25" W. 65.27 feet to a point on the Northerly
line of said county road, the point of beginning.
Parcel 2:
A parcel of land situated in Lots 18 and 19 of Section 3, and in Lots 1 and 2 of Section 10,
Township 8 South, Range 88 West of the Sixth Principal Meridian lying Northerly of the
Northerly right-of-way line of a County Road as constructed and in place, being County Road
No. 111, said parcel of land is described as follows:
Beginning at a point on the Northerly right-of-way line of said road whence a
Rock Corner found in place and properly marked for the Section Corner common
to Sections 2, 3, 10, and 11 bears: N. 71.- 26' 56" E. 491.69 feet thence N. 72° 38'
00" W. 278.03 feet along said right-of-way line; thence N. 39° 38' 00" W. 12.24
feet along said right-of-way line; thence N. 80° 13' 00" W. 276.42 feet along said
right-of-way line; thence N. OT 58' 25" E. 65.27 feet; thence S. 82° 08' 11" E.
40.56 feet; thence N. 19° 32' 12" W. 34.58 feet; thence N. 61° 24' 07" W. 66.85
feet; thence S. 88° 39' 53" W. 54.11 feet; thence N. 10° 53' 20" W. 344.60 feet;
thence N. 6T 38' 00" E. 64.23 feet; thence S. 81° 33' 20" E. 77.76 feet; thence N.
62° 27' 00" E. 37.12 feet; thence N. 05° 14' 00" E. 123.77 feet; thence N. 89° 53'
00" E. 115.78 feet; thence S. 28° 26' 27" E. 25.87 feet; thence S. 13° 03' 23" W.
92.33 feet; thence S. 04° 30' 14" E, 47.86 feet; thence S. 10° 22' 16" E. 58.89
feet; thence S. 31° 26' 00" E. 22.94 feet; thence S. 21.° 24' 20" E. 246.81 feet;
thence S. 41° 27' 03" E. 79.33 feet; thence S. 52° 49' 00" E. 61.90 feet; thence S.
65° 34' 03" E. 171.22 feet; thence 5.12 feet along the arc of a curve to the right,
having a radius of 15.53 feet, the chord which bears: S. 08° 38' 12" E. 5.09 feet;
thence 44.22 feet along the arc of a curve to the left, having a radius of 63.88 feet,
the chord of which bears: S 19° 02' 00" E. 43.34 feet; thence 73.82 feet along the
arc of a curve to the right, having a radius of 80.46 feet, the chord of which bears:
S. 12° 35' 00" E. 71.26 feet; thence S. 13° 42' 00" W. 3.59 feet to a point on the
Northerly right-of-way line of said county road, the point of beginning.
7
Chit Engineering
Surveying
Beyond
o'�ndar'rs
'� meais
April 3, 2017
Mark Chain
811 Garfield
Carbondale, CO 81623
RE: Holgate/Luttrell — Minor Subdivision
Response to Garfield County's Administrative Review — March 2, 2017
Dear Mark,
In response to item 1 of David Pesnichak' review letter regarding water supply for the existing and
proposed homes on the property to be subdivided, the following explanation has been prepared.
As previously mentioned in our Minor Subdivision Plat Engineering Report, dated Feb 16, 2017, the
Town of Carbondale currently supply supply's potable water to existing residences on the property
of the proposed minor subdivision. The sketch below (Carbondale public works records) shows
schematically how the existing residences near the Prince Creek Road -State Hwy 133 intersection
are connected to the Town's 10" DIP water main along the east shoulder of the highway. It is our
understanding that the service line infrastructure beyond the 10" water main taps (Curb Stops) is
not owned or maintained by the Town, even though water for each residence is metered at the
house by the Town.
923 Cooper Avenue, Ste, 201 ( Glenwood Springs, CO 81601 i 970.945.5252 www.bu-inc.com
Mr. Mark Chain
Response to Garfield County's Administrative Review
April 3, 2017
Page 2 of 2
Other than the above referenced sketch, no other design or record drawings or easement
documents can be found.
As shown on the proposed plat, a 15' wide waterline easement is provided across Lot A along the
north side of Prince Creek Road. The building permit process for proposed Lot B should include
the location of the existing water service line (portions) and any water service improvement
recommendations necessary to provide potable water service to Lot B. These improvements shall
be designed by a professional engineer and approved by the Town prior any waterline construction.
The design scenario shall include:
1. Field locate the existing water service line(s) using a private utility locating service.
2. Verify service line size and condition by exploratory excavations at the service line
interconnection location for extending the water service to Lot B.
3. Complete waterline improvement design drawings by professional engineer.
4. Obtain Town approval of design.
5. Obtain necessary excavation and street cut permits.
6. Construct water service per approved plans and conditions.
Please feel free to contact me with any questions or for additional information.
Sincerely,
BOUNDARIES UNLIMITED INC.
Bruce D Lewis, P.E.
Project Engineer
923 Cooper Avenue, Ste. 201 ( Glenwood Springs, CO 81601 i 970.945.5252 www.bu-inc.com
ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY
WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT. MAY ANY ACTION BASED UPON ANY
DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON.
W E
S
0 25 50' 75
SCALE: 1"=50'
HOIGATE/LUTTRELL9MINOR SUBDIVISION
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81°33'20
77.7.
ATION 0
BEARING STATEMENT:
BEARINGS BASED ON SOLAR OBSERV
N
0
°
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M
SLOPES
EAST & NORTH OF THIS LINE >30%
15' WIDE TELEPHONE
LINE EASEMENT
PLAT NOTES
I. Noxious Weeds
Control of noxious weeds is the responsibility of the property owner.
2. Open Hearth Solid -Fuel Fireplaces
No open-hearth solid fuel fireplaces will be allowed anywhere within the
subdivision.
One new solid -fuel burning stove as defined by C.R.S. 25-7-401. et seq.. and the
regulations promulgated thereunder. will be allowed in any dwelling unit. All
dwelling
units will be allowed an unrestricted number of natural gas burning stoves and
appliances.
3. Exterior Lighting
All exterior lighting shall be the minimum amount necessary and that all
exterior lighting
shall be directed inward and downward. towards the interior of the subdivision.
except
that provisions may be made to allow for safety lighting that goes beyond the
property
boundaries.
4. Right to Farm
Colorado is a "RIGHT -TO -FARM" state pursuant to C.R.S. 35-3-11. et seq..
Landowners. residents and visitors must be prepared to accept the activities.
s
9
sounds and smells of Garfield County's agricultural operations as a normal and
necessary
aspect of living in a county with a strong rural character and a healthy
ranching sector.
Those with an urban sensitivity may perceive such activities. sights. sounds and
smells
only as inconvenience. eyesore. noise and odor. However. state laws and county
policy
provide that ranching. farming and other agricultural activities and operations
within
Garfield County shall not be considered to be nuisances so long as operated in
conformance with the law and in a non -negligent manner. Therefore. all must be
prepared
to encounter noises. odor. lights. mud. dust. smoke. chemicals. machinery on
public
roads. livestock on public roads. storage and disposal of manure. and the
application by
spraying or otherwise of chemical fertilizers. soil amendment. herbicide and
pesticides.
any one or more of which may naturally occur as part of legal and non -negligent
agricultural operations.
5. Maintenance of Fences. Rural Living. etc.
All owners of land. whether ranch or residence. have obligations under state law
h
s
and
county regulations with regard to the maintenance of fences and irrigation
ditches.
controlling weeds. keeping livestock and pets under control. using property in
accordance
with zoning. and other aspects of using and maintaining property. Residents and
landowners are encouraged to learn about these rights and responsibilities and
act as good
neighbors and citizens of the county. A good introductory source for such
information is
"A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado
State
University Extension Office in Garfield County.
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15' UTILITY EASEMENT
HOUSE
O SET REBAR & CAP MARKED PLS 14111
❑r TELEPHONE PEDESTAL
O UTILITY POLE
OVERHEAD UTILITY LINE
•
•
•
•
•
•
EDGE OF ROAD & DRIVEWAY
----CENTERLINE -CENTERLINE DITCH
- - BUILDING ENVELOPE LINE (ENVELOPE HAS SLOPES <20%)
ALL RECORDED EASEMENTS ARE SHOWN ON THIS PLAT.
1
THIS SURVEY DOES NOT REPRESENT A TITLE SEARCH BY LINES IN SPACE OR SYDNEY LINCICOME TO DETERMINE
OWNERSHIP OR EASEMENTS OF RECORD. ALL INFORMATION SHOWN HEREON REGARDING EASEMENTS AND
OTHER ENCUMBRANCES OF RECORD WAS OBTAINED FROM. AND SUBJECT TO A TITLE INSURANCE COMMITMENT
PROVIDED BY TITLE COMPANY OF THE ROCKIES. COMMITMENT NO. 0600563-C. DATED 08/19/2016
CURVE DELTA ANGLE RADIUS ARC
C I 19°06'52"
C 2 39°39'34"
C 3 52°33'42"
C 4 110°03'49"
C 5 96°47'19"
C 6 3° 20' 18"
LINE
L I N
L 2 S
L 3 N
L 4 S
L 5 N
L 6 S
L 7 S
L 8 S
L II S
L 12 N
L 13 S
BEARING
39°38'00-W
82° 08' 1 1 "E
19° 32' 12"W
88°39'53-W
62°27'00-E
28°26'27-E
04°30'14-E
31026.00-E
13042.00-W
010 38' 1 3"E
72°38'34-W
15.53'
63.88'
80.46'
42.01'
55.42'
1200.21'
DISTANCE
12.24'
40.56'
34.58'
54.11'
37.12'
25.87'
47.86'
22.94'
3.59'
5.32'
11.55'
TANGENT CHORD CHORD BEARING
5.12' 2.58' 5.09' S 08°38'12"E
44.22' 23.04' 43.34' S 19°02'00"E
73.82' 39.73' 71.25' S 12°35'00"E
80.70' 60.07' 68.85' N 43°23'44"E
93.62' 62.41' 82.88' N 50°02'09"E
69.93' 34.97' 69.92' N 03°18'22"E
LEGAL DESCRIPTIONS
LOT A
A PARCEL OF LAND SITUATED IN LOTS 18 AND 19 OF SECTION 3 AND IN
LOTS I AND 2 OF SECTION 10. TOWNSHIP 8 SOUTH. RANGE 88 WEST OF THE
6th PRINCIPAL MERIDIAN. GARFIELD COUNTY. COLORADO. LYING
NORTHERLY OF THE NORTHERLY RIGHT-OF-WAY LINE OF A COUNTY
ROAD AS CONSTRUCTED AND IN PLACE. BEING COUNTY ROAD NO. III.
SAID PARCEL OF LAND IS DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SAID
ROAD WHENCE A ROCK CORNER FOUND IN PLACE AND PROPERLY
MARKED FOR THE SECTION CORNER COMMON TO SECTIONS 2. 3. 10 AND 11
BEARS S 72°38'00"E 263.26 FEET AND N 71°26'56"E 491.69 FEET: THENCE
N 72°38'00"W 14.77 FEET ALONG SAID RIGHT-OF-WAY LINE: THENCE
N 39°38'00"W 12.24 FEET ALONG SAID RIGHT-OF-WAY LINE: THENCE
N 80°13'00"W 276.42 FEET ALONG SAID RIGHT-OF-WAY LINE: THENCE
N N 02°58'25"E 65.27 FEET: THENCE S 82°08'11"E 40.56 FEET: THENCE
N 19°32'12"W 34.58 FEET: THENCE N 61°24'07"W 66.85 FEET: THENCE
S 88°39'53"W 54.11 FEET: THENCE N 10°53'20"W 344.60 FEET: THENCE
N 67°38'00"E 64.23 FEET: THENCE S 81°33'20E 77.76 FEET: THENCE S 35°44'41"E
199.65 FEET: THENCE S 21°24'20"E 209.18 FEET: THENCE S 31°50'57"E 94.15
FEET: THENCE S 82°02'18"E 81.52 FEET: THENCE S 12°37'48"W 89.28 FEET TO
A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SAID COUNTY
ROAD. THE POINT OF BEGINNING. CONTAINING 2.558 ACRES MORE OR LESS
LOT B 0
FOUND ROCK CORNER IN
PLACE FOR THE SECTION
CORNER COMMON TO
SECTIONS 2. 3. 10 & II
TITLE CERTIFICATE
an attorney licensed to
practice law in the State of Colorado. or agent authorized by a title
insurance company. do hereby certify that I have examined the Title to
all lands shown upon this Plat and that Title to such land is vested in
free and
clear of all liens and encumbrances (including mortgages, deeds of
trust. judgments. easements. contracts and agreements of record
affecting the real property in this Plat). except as follows:
DATED this day of A.D.. 20
TITLE COMPANY:
Agent
CERTIFICATE OF TAXES PAID
I. the undersigned. do hereby certify that the entire amount of taxes
and assessments due and payable as of
upon all parcels of real estate described on this Plat are paid in full.
DATED this day of A.D.. 20
Treasurer of Garfield County
SURVEYOR'S CERTIFICATE
I. Sydney Lincicome. do hereby certify that I am a Professional Land Surveyor
licensed under the laws of the State of Colorado. that this Plat is a true.
correct and complete Plat of the HOLGATE/Lutrell Minor Subdivision Plat.
as laid out. platted. dedicated and shown hereon.
that such Plat was made from an accurate survey of said property by
me. or under my supervision. and correctly shows the location and dimensions
the lots. easements and streets of said Minor Subdivision Plat as the same
staked upon the ground in compliance with applicable regulations governing
subdivision of land.
In witness whereof. I have set my hand and seal this day of
A.D.. 20
Sydney Lincicome
Lines in Spave
67 Glenwood Avenue
Carbondale. Co. 81623c
P.L.S. 14111
PLAT NOTES (CONT.)
6. Mineral Rights
The mineral rights associated with this property may not be transferred with the
surface
estate therefore allowing the potential for natural resource extraction on the
property by
the mineral estate owner(s) or lessee(s).
7. Domestic Dogs
Dogs kept on the property shall be
harassment of
wildlife.
8.Wildlife-Friendly Fencing
Fencing on the property shall comply with the Colorado Parks and Wildlife
specifications
for wildlife -friendly fencing
9. Irrigation Ditches
Ditch Owner(s) Rights: Colorado state Statutes 37-86-102 provides that any
person
owning a water right or conditional water right shall be entitled to a right-of-
way through
the lands which lie between the point of diversion and point of use for the
purpose of
transporting water for beneficial use in accordance with said water right or
conditional
water right. Any impact. change or crossing of a ditch shall require approval
from the
ditch owner.
in a fenced yard
or on a leash to prevent
A PARCEL OF LAND SITUATED IN LOTS 18 AND 19 OF SECTION 3 AND IN
LOTS 1 AND 2 OF SECTION 10. TOWNSHIP 8 SOUTH. RANGE 88 WEST OF THE
6th PRINCIPAL MERIDIAN. GARFIELD COUNTY. COLORADO. LYING
NORTHERLY OF THE NORTHERLY RIGHT-OF-WAY LINE OF A COUNTY
ROAD AS CONSTRUCTED AND IN PLACE. BEING COUNTY ROAD NO. III.
SAID PARCEL OF LAND IS DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SAID
ROAD WHENCE A ROCK CORNER FOUND IN PLACE AND PROPERLY
MARKED FOR THE SECTION CORNER COMMON TO SECTIONS 2. 3. 10 AND 11
BEARS N 71°26'56"E 491.69 FEET: THENCE N 72°38'00"W 263.26 FEET ALONG
SAID RIGHT-OF-WAY LINE: THENCE N 12°37'48"E 89.28 FEET: THENCE N 82°02'18"W
81.52 FEET: THENCE N 31°50'57"W 94.15 FEET: THENCE N 21°24'20"W 209.18 FEET:
THENCE N 35°44'41"W 199.65 FEET: THENCE N 62°27'00"E 37.12 FEET: THENCE
N 05°14'00"E 123.77 FEET: THENCE
N 89°53'00"E 115.78 FEET: THENCE S 28°26'27"E 25.87 FEET: THENCE
S 13°03'23"E 92.33 FEET: THENCE S 04°30'14"E 47.86 FEET: THENCE
S 10°22'16"E 58.89 FEET: THENCE S 31°26'00"E 22.94 FEET: THENCE
S 21°24'20"E 246.81 FEET: THENCE S 41°27'03"E 79.33 FEET: THENCE
S 52°49'00"E 61.90 FEET: THENCE S 65°34'00"E 171.22 FEET: THENCE 5.12 FEET
ALONG THE ARC OF A 15.53 FOOT RADIUS CURVE TO THE RIGHT. THE
CHORD OF WHICH BEARS S 08°38'12"E 5.09 FEET: THENCE 44.22 FEET ALONG
THE ARC OF A 63.88 FOOT RADIUS CURVE TO THE LEFT. THE CHORD OF
WHICH BEARS S 19°02'00"E 43.34 FEET: THENCE 73.82 FEET ALONG THE
ARC OF 80.46 FOOT RADIUS CURVE TO THE RIGHT. THE CHORD OF WHICH
BEARS S 12°35'00"E 71.25 FEET: THENCE S 13°42'00"W 3.59 FEET TO A POINT
ON THE NORTHERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD. THE
POINT OF BEGINNING. CONTAINING 2.069 ACRES MORE OR LESS
CLERK AND RECORDER'S CERTIFICATE
This Plat was filed for
County. Colorado. at
of A.D.. 20
of
are
the
PLAT
CERTIFICATE OF DEDICATION AND OWNERSHIP
THE UNDERSIGNED. ETTA HOLGATE. BEING SOLE OWNER IN FEE SIMPLE OF ALL THAT
REAL PROPERTY SITUATED IN GARFIELD COUNTY. DESCRIBED AS FOLLOWS:
A PARCEL OF LAND SITUATED IN LOTS 18 AND 19 OF SECTION 3 AND IN
LOTS I AND 2 OF SECTION 10. TOWNSHIP 8 SOUTH. RANGE 88 WEST OF THE
6th PRINCIPAL MERIDIAN. GARFIELD COUNTY. COLORADO. LYING
NORTHERLY OF THE NORTHERLY RIGHT-OF-WAY LINE OF A COUNTY
ROAD AS CONSTRUCTED AND IN PLACE. BEING COUNTY ROAD NO. III.
SAID PARCEL OF LAND IS DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SAID
ROAD WHENCE A ROCK CORNER FOUND IN PLACE AND PROPERLY
MARKED FOR THE SECTION CORNER COMMON TO SECTIONS 2. 3. 10 AND II
BEARS N 71°26'56"E 491.69 FEET: THENCE N 72°38'00"W 278.03 FEET ALONG
SAID RIGHT-OF-WAY LINE: THENCE N 39°38'00"W 12.24 FEET ALONG SAID
RIGHT-OF-WAY LINE: THENCE N 80°13'00"W 276.42 FEET ALONG SAID
RIGHT-OF-WAY LINE: THENCE N 02°58'25"E 65.27 FEET: THENCE S 82°08'11"E
40.56 FEET: THENCE N 19°32'12"W 34.58 FEET: THENCE N 61°24'07"W 66.85
FEET: THENCE S 88°39'53"W 54.11 FEET: THENCE N 10°53'20"W 344.60 FEET:
THENCE N 67°38'00"E 64.23 FEET: THENCE S 81°33'20"E 77.76 FEET: THENCE
N 62°27'00"E 37.12 FEET: THENCE N 05°14'00"E 123.77 FEET: THENCE
N 89°53'00"E 115.78 FEET: THENCE S 28°26'27"E 25.87 FEET: THENCE
S 13°03'23"E 92.33 FEET: THENCE S 04°30'14"E 47.86 FEET: THENCE
S 10°22'16"E 58.89 FEET: THENCE THENCE S 31°26'00"E 22.94 FEET: THENCE
S 21°24'20"E 246.81 FEET: THENCE S 41°27'03"E 79.33 FEET: THENCE
S 52°49'00"E 61.90 FEET: THENCE S 65°34'00"E 171.22 FEET: THENCE 5.12 FEET
ALONG THE ARC OF A 15.53 FOOT RADIUS CURVE TO THE RIGHT. THE
CHORD OF WHICH BEARS S 08°38'12"E 5.09 FEET: THENCE 44.22 FEET ALONG
THE ARC OF A 63.88 FOOT RADIUS CURVE TO THE LEFT. THE CHORD OF
WHICH BEARS S 19°02'00"E 43.34 FEET: THENCE 73.82 FEET ALONG THE
ARC OF 80.46 FOOT RADIUS CURVE TO THE RIGHT. THE CHORD OF WHICH
BEARS S 12°35'00"E 71.25 FEET: THENCE S 13°42'00"W 3.59 FEET TO A POINT
ON THE NORTHERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD. THE
POINT OF BEGINNING. CONTAINING 4.846 ACRES MORE OR LESS
HAS CAUSED THE DESCRIBED REAL PROPERTY TO BE SURVEYED. LAID OUT.
PLATTED AND SUBDIVIDED INTO LOTS AS SHOWN ON THIS MINOR
SUBDIVISION PLAT UNDER THE NAME AND STYLE OF HOLGATE/LUTTRELL MINOR
SUBDIVISION PLAT. A SUBDIVISION IN THE COUNTY OF GARFIELD.
THE OWNER DOES HEEREBY DEDICATE AND SET APART ALL OF THE
STREETS AND ROADS AS SHOWN ON THE ACCOMPANYING PLAT TO THE
USE OF THE PUBLIC FOREVER. AND HEREBY DEDICATES TO THE PUBLIC
UTILITIES THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE
LABELED AS UTILITY EASEMENTS ON THE ACCOMPANYING PLAT AS
PERPETUAL EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF
UTILITIES. IRRIGATION AND DRAINING FACILITIES INCLUDING. BUT NOT
LIMITED TO. ELECTRIC LINES. GAS LINES AND TELEPHONE LINES.
TOGETHER WITH THE RIGHT TO TRIM INTERFERING TREES AND BRUSH.
WITH PERPETUAL RIGHT OF INGRESS AND EGRESS FOR INSTALLATION
AND MAINTENANCE OF SUCH LINE. SUCH EASEMENTS AND RIGHTS SHALL
BE UTILIZED IN A REASONABLE AND PRUDENT MANNER. ALL EXPENSE
FOR STREET PAVING OR IMPROVEMENT SHALL BE FURNISHED BY THE
SELLER OR PURCHASER. NOT BY THE COUNTY OF GARFIELD.
EXECUTED THIS DAY OF A.D.. 20
OWNER: ETTA HOLGATE
ADDRESS: 74 COUNTY ROOD III
CARBONDALE. CO. 81623
STATE OF COLORADO )
COUNTY OF GARFIELD)
THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED
BEFORE ME THIS DAY OF A.D.. 20_ BY ETTA HOLGATE.
)SS.
MY COMMISSION EXPIRES: 01/26/2017
WITNESS MY HAND AND SEAL
EXECUTED THIS DAY OF A.D.. 20_
COUNTY COMMISSIONER'S CERTIFICATE:
Based upon the review and recommendation of Garfield County Director of
CommunityDevelopment. the Board of County Commissioners of Garfield
County. olorado. hereby approves this Minor Subdivision Plat this day of
A.D.. 20 for filing with the Clerk and Recorder of Garfield
County and for conveyance to the County of the public dedications shown
hereon. subject to the provisions that approval in no way obligates Garfield
County for the financing or construction of improvements on lands, public roads.
highways or easements dedicated to the public. except as specifically agreed to
by the Board of County Commissioners by subsequent resolution. This approval shall
in no way obligate Garfield County for the construction. repair or maintenance of
public roads. Highways or any other public dedications shown hereon.
Chairman. Board of County Commissioners
Garfield County Colorado
Witness my hand and seal of the County of Garfield.
Attest:
County Clerk
COUNTY SURVEYOR'S CERTIFICATE
Approved for content and form only and not the accuracy of surveys.
calculations or drafting pursuant to C.R.S. 38-51-101 and 102 et seq.
DATED this day of A.D.. 20
By: Garfield County Surveyor
record in the Office of the Clerk and Recorder of Garfield
o'clock. M.. on this day
and is duly recorded as Reception No.
Clerk and Recorder
BY:
Deputy
HOLGATE/LUTTRELL MINOR SUBDIVISION
SECS. 3 & 10. T.8 S.. R.88 W.. 6th P.M.
GARFIELD COUNTY. COLORADO
BY:
LINES IN SPACE
SYDNEY LINCICOME ( L.S. /4 / / 1 )
67 GLENWOOD AVE. CARBONDALE CO. 970-963-3852
DATE 03/24/20/7 SCALE. r = 50' JOB NO.: 16-38
PLUTTREL
C:IGeneral CADD 81GxdIPLUTTREL.gxd -- 03/24/2017 -- 04.07 PM