No preview available
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 Printed by Web User 1 inch = 752 feet 1 inch = 0.14 miles 0.1 0.2 0.4 Miles Garfield County Colorado Garfield County www.garfield-county.com Colorado Disclaimer This is a compilation of records as they appear in the Garfield County Offices affecting the area shown. This drawing is to be used only for reference purposes and the County is not responsible for any inaccuracies herein contained. © Copyright Garfield County, Colorado 1 All Rights Reserved Printed: 1/12/2017 at 9:13:49 AM 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 Min UK multi aOPN eft ta tM O t.K.r. Th. I..uq ..7 eK b. he wNiaM. Wept In ITR dNw+! Y.. written Oypre.al of CMYnnd +nalat...kS..M acrtlwn .Mh� u 1I .1 16-7-607 1.0 APPLIED PRESSURE — KSF 10 H—PkeKUMAR SWELL -CONSOLIDATION TEST RESULT 100 Fig. 3 J 3 1 11 2 0 — 2 —4 —6 4f — 5 0 -10 0 N z 0 U-12 —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 I, i i 1 i 1 I i I. i --- ,�.-,- I I L ' --- - - -1 i I I I 1.._____L___i_______,_________r_______1_,.._t_4_ r I ! ' 1I} i _ a. d gnaw A.el.Lm. Inc. ' I I._ I E II inn Swan in eitPtla.a .M��6 1516 IE � I I 1 100 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 CONTENT (°'f in ri N ^-1 00 0 10 4 LOCATION DEPTH (ft) a. 10 \ N \ er 0 M 11 SAMPLE d •-• N 4) 0 Civil Engineering Surveying 'fee, e d Inc. & beyond( 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 —••—•COUSIN I HE DITCH 4142-1..z).... 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 Min UK multi aOPN eft ta tM O t.K.r. Th. I..uq ..7 eK b. he wNiaM. Wept In ITR dNw+! Y.. written Oypre.al of CMYnnd +nalat...kS..M acrtlwn .Mh� u 1I .1 16-7-607 1.0 APPLIED PRESSURE — KSF 10 H—PkeKUMAR SWELL -CONSOLIDATION TEST RESULT 100 Fig. 3 J 3 1 11 2 0 — 2 —4 —6 4f — 5 0 -10 0 N z 0 U-12 —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 I, i i 1 i 1 I i I. i --- ,�.-,- I I L ' --- - - -1 i I I I 1.._____L___i_______,_________r_______1_,.._t_4_ r I ! ' 1I} i _ a. d gnaw A.el.Lm. Inc. ' I I._ I E II inn Swan in eitPtla.a .M��6 1516 IE � I I 1 100 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 CONTENT (°'f in ri N ^-1 00 0 10 4 LOCATION DEPTH (ft) a. 10 \ N \ er 0 M 11 SAMPLE d •-• N 4) 0 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. 0 H Lc,Sco CO •m ^ CID I-a O N 0 : a oe v O V.', o • H .t F 5. to A a . • m k w .14 - as R 01 01 r< t 0. 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 I� �°i � G A R F I ELD COUNTY COLORADO ii1 1/ I\ \ 100' I cif N J Ln z 81°33'20 77.7. ATION 0 BEARING STATEMENT: BEARINGS BASED ON SOLAR OBSERV N 0 ° M 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. 1 1 1� Ic w 1 1 I a7 N r\ in N o HOUSE \ 1 33 4�z w � \ 1 ❑T � ' -.... LEGEND AND 1 OTES...........N......80........'..........276.42'� .................................. : .....:. ........................... o 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