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Home My WebLink About1.01 Updated Submittal InformationTHE LANDS WO INC, landscape architecture land planning communlly planning 365 River Bend Way • Glenwood Springs, CO 81601 • Tel 970 927 3690 • landstudio2@comcast.net January 26, 2017 Kathy Eastley, AICP Senior Planner Garfield County Community Development 108 8th Street, #401 Glenwood Springs, CO 81601 Re: Velasquez Minor Subdivision Garfield County File Number MISA-10-16-8496 Dear Kathy, Please find enclosed a response to a request for clarification of Velasquez Minor Subdivision issues in your January 13 and January 17, 2017 letters to The Land Studio, Inc. Specifically, responses for additional information are included below in bold. 1. OWTS Issues—Carla Ostberg from AII-Service Septic answered some questions related to the existing and proposed On-site Wastewater Treatment Systems (OWTS). Specifically the concerns identified by Chris Hale and staff regarding the following: a. The placement of the proposed lot line would create a non -conforming separation or setback from that property line to the existing OWTS. Carla noted that the plan apparently located the system erroneously and that the OWTS is located on the opposite side of the driveway — a revised plat has corrected this location so the property line setback issues should be resolved. b. The two potential treatment fields for the new OWTS do not contain the required separation distances from lateral irrigation ditches that occur on the property. These ditches would need to be relocated or piped. Carla has stated that she will clarify these issues and provide an additional letter to the county regarding requirements for OWTS on this site. Included with this response is an additional letter of clarification from Carla Osterg from All -Service Septic. 2. Geotechnical Issues identified by Colorado Geologic Survey in their letter dated December 14, 2016, will be further reviewed upon submittal of studies and/or reports related to the debris flow and slope issues on the property. The county will await recommendations for mitigation measures, if any, proposed by the geotechnical engineer. The Land Studio, Inc. 2 Included with this response is a letter of review and recommendations proposed by H -P/ Kumar Geotechnical Engineers 3. Water Issues—Issues identified by the Division of Water Resources in their letter of December 15, 2016 include a requirement fora new well permit for the expanded use of the existing well and concerns related to the 600' spacing. I had an email conversation with the Division regarding these issues and the 600' spacing issues have been resolved based upon an email response dated January 6, 2017. However the Applicant has not demonstrated that the site has legal water to serve the two Tots — demonstration of this would require submittal of a valid well permit authorized to serve the two parcels. Given that this permit application has not yet been submitted to the Division there are concerns related to timing, particularly if obtaining a well permit is applied as a condition of approval that must be satisfied within 90 days of approval. The applicant is currently working on requirements to submit for a valid well permit authorized to serve the two parcels. Additional water issues include water quality, given that the well water does not meet the minimum safe water drinking standards. The application states that a system will be installed however there is no demonstration that such a system would bring the water into compliance with minimum standards. An engineer or other qualified individual must provide a statement regarding the system requirements necessary for the water to meet the water quality standards. Included with this response is a letter of clarification from Resource Engineering with additional conclusion information. 4. Is there an existing Driveway Permit for the site? The existing Driveway Permit is attached as an Exhibit to this response letter. 5. Section 7-201 E. - Irrigation Ditches exist on the property as shown on the plan. Pursuant to 7-201 E. an applicant must provide information relative to the ditch including any necessary maintenance easements, a letter from the ditch owner/company regarding the proposed development, and its potential impact on the ditch. Correspondence has been provided from the Schaeffer Ditch Company regarding no impact. A letter from The Schaeffer Ditch Company is attached as an Exhibit to this response letter. 6. Plat changes, in addition to those noted above: a. Staff continues to find the plat to be confusing. You have stated that the second sheet is a detail, however staff is unable to find necessary information on one sheet or the other of the plat. b. What are the dashed lines on the lots on Sheet 1? c. The building envelopes are not shown on Sheet 1. d. The proposed access easement encroaches into the right-of-way for Cattle Creek Road. This will need to be corrected. The Land Studio, Inc. 3 The items above have been addressed and a copy of the revised Plat has been attached as an Exhibit to this response letter. 7. Kelly is reviewing the documents provided including the well sharing, driveway sharing, subdivision improvements agreement and development agreement. We had asked the question earlier in the process on why a development agreement was included — it was removed from the application and yet a draft development agreement appeared in the latest round of information. What is your intent? The Development Agreement should be removed from the submittal package. The name Robert Ross Velasquez has been removed as part owner of the subject site. A revised Driveway Sharing Agreement, a revised Water Sharing Agreement and a revised SIA have been included as an Exhibit to this response letter. The revised agreements have addressed issues from the letter dated January 17, 2017 with comments on the legal documentation provided. Response to legal item 3c. from letter dated January 17, 2017. The following has been coordinated with Kelly Cave: It is not necessary for all the land owners to also be identified on the Basalt Water Conservancy District ("BWCD"). Furthermore, it would add additional hardship and expense at this time to amend and assign the contract with the BWCD to include all family owners, especially when the property is all owned by one family. All, or a portion, of the contract can be assigned when there is a future conveyance of the property. 8. Other referral agency comments: a. Fire District — please provide an update letter from the District regarding completion of improvements (or add them into the SIA) and regarding completion of payment of the $730.00 Fire District Impact Fee; b. Respond to the recommendations of CPW; c. Vegetation Management requires a noxious weed map and inventory. a. The applicant has previously completed the tank installation as shown on the plat which was reviewed on site by Bill Gavette. The applicant agrees to complete the 6" NST male thread with cap for suction connection and vent pipe prior to building permit or transfer of a lot. The commitment to complete the cap for connection and vent pipe installation has been added to the SIA. The applicant agrees to pay the Fire District Impact Fee prior to the recording of the final plat. b. The applicant agrees to the following recommendations from CPW : 1. Follow CPW's bear aware guidelines. The Land Studio, Inc. 4 2. Minimize construction impacts to riparian habitats to the greatest extent possible. 3. Keep dogs kenneled or under direct supervision at all times. 4. Implement a noxious weed monitoring and treatment program. c. Steve Anthony from Garfield County Vegetation Management has agreed to accept completion of a noxious weed map and inventory in the spring of 2017. Any treatment of vegetation following the inventory should be completed by June 30, 2017. Thank you for this opportunity to respond to these issues. We look forward to continued coordination of these issues as needed. Please call or email with any discussion and we would be happy to join you at Garfield County Community Development to discuss if helpful. Sincerely, THE LAND STUDIO, /► /kell .I Dougla 'J. Pra to By: The Land Studio, Inc. ALL SIRII�f 33 Four Wheel drive Rd Carbondale, Co 81623 970-309-5259 January 11, 2017 Project No. C1222 Julie Pratte The Land Studio jjpratte@comcast.net Onsite Wastewater Treatment System Planning Proposed Subdivision of Property 3064 Cattle Creek Road Garfield County, Colorado Julie, ALL SERVICE septic, LLC has reviewed the desired development plan and visited the subject property to assess onsite wastewater treatment system (OWTS) alternatives for a proposed subdivision of the property. The 10.95 -acre property is located outside of Glenwood Springs, in an area where OWTSs and wells are necessary. We have made some additions to the analysis, as requested by Garfield County Planning Department. The initial OWTS planning packet dated August 28, 2016 should be discarded and replaced with the documents dated January 11, 2017. Legal Description: Section: 10 Township: 7 Range: 88 TR IN LOT 14 CONT 10.0AC ALSO A TR CONT .95AC Parcel ID: 2393-103-00-047 EXISTING CONDITIONS A 4 -bedroom, single-family residence is currently developed on the eastern portion of the property. This residence is served by an OWTS designed by ALL SERVICE septic, LLC in 2008, Project No. 1532. This OWTS consists of one 1500 -gallon concrete septic tank with a pump in the second compartment. Effluent is pumped to four rows of 14 `Quick 4' Infiltrator® chambers. Please note the location of the existing OWTS as located on the previous High Country Engineering site plan was incorrect. The enclosed site plan indicates the correct location of the existing OWTS. The soil treatment area (STA) is located to the east of the existing driveway. PROPOSED DEVELOPMENT It is proposed that the property be subdivided, dividing the property from north to south. A 4 -bedroom, single-family residence on the western portion of the property is contemplated. Page 2 We have calculated approximate sizing of an OWTS that would serve the proposed future development assuming Soil Type 2 with a long term acceptance rate (LTAR) of 0.6 gallons/square foot (based on percolation tests and soils data obtained from ALL SERVICE septic, LLC documents dated 2008, enclosed). We recommend the STA consist of pressurized gravelless chamber trenches because of the higher level of treatment obtained by this type of application versus a gravity fed STA. Pressure dosing and chambers will allow a reduction in total square footage of the STA. Garfield County requires a Professional Engineer design any OWTS that utilizes a pump. Design Calculations: 4 -bedrooms = 525 GPD 525 GPD / 0.6 gal/SF = 875 SF 875 SF x 0.8 (pressure dosed trenches) x 0.7 (chambers) = 490 SF 490 SF / 12 SF/chamber = 41 chambers The OWTS may include a minimum 1500 -gallon, two-compartment septic tank with a pumping system in the second compartment of the septic tank. The soil treatment area (STA) may consist of three trenches, each consisting of 14 `Quick 4' Infiltrator® chambers for a total of 42 chambers and 504 square feet of infiltrative area. There must be at least 6 -feet of undisturbed soil between each trench. This would result in an approximate footprint of 21' x 56'. Alternative designs may be considered. If assumptions about the soil type are found to be incorrect or if design configuration or technology choices are modified, the footprint of the STA is subject to change. Minimum setback requirements to any OWTS component must be considered. House to STA = 20 feet STA to unlined irrigation ditch = 50 feet STA to lined ditch = 10 feet STA to well = 100 feet Septic tank to well = 50 feet OWTS Component to property line = 10 feet There are two primary lateral ditches and multiple off -shoots within 50 -feet of the possible locations for the proposed STA. One primary ditch runs approximately 35 -feet south of the northern property boundary and the other within 10 -feet of the west property boundary on the adjoining property to the west'. 1 This ditch is located on the adjoining property to the west. Lining or placing this ditch in a culvert will require permission from the property owner. Page 3 If placement of the STA encroaches on the minimum required 50 -foot setback, the ditch(es) must be lined or placed in a culvert. We have indicted the potential length of the ditch that may need to be lined or placed in a culvert, depending on the location of the STA, in the enclosed site plan. Option #1 entails lining of both the northern and western laterals for a total of approximately 390 -feet (indicated in YELLOW). Option #2, considering placement 50 -feet south of the northern lateral, would require lining or placing the western lateral in a culvert for approximately 175 -feet (indicated in GREEN). The exact location or footprint of the residence has not yet been determined. Once placement of the house is finalized, this will dictate placement of the OWTS components, and all setbacks will be considered and outlined in the OWTS Design documents which will be used in conjunction with an OWTS Permit issued by Garfield County at the time of Building Permit issuance. Please call with questions. Sincerely, ALL SERVICE septic, LLC 6o4i-t_ OV-bf-Ls Carla Ostberg, MPH, REHS Reviewed By: z Fl 0 z 0 /c1i]cO d WOA // / / < f • i c _\\ \ \ \ \ \ ) � II \\\\\ \\\01)11/ 2 I\\\*\\\\NIIII / ) I -‘/ ) ) 0 4\ \M cN \ - \ N / fr\ \: Ill "2// I\ I\ \ III�(� �/ 111 i1:elilll �))�l( K%,. 0 • \ \ \ rA \\ \ \t\ \*\\\ , cc\ _ Jr \ , \ \\ *\,,t61____ , \\ \" \ k' , _____ \\ _ 1[1 L._, L__L„._...._,.... -, A ? \\\.- 277/ \>J 11/111111 GARFIELD COUNTY ENVIRONMENTAL HEALTH Percolation Test and Soils Data Form - TABLE 1 - DEPARTMENT PROJECT 1532 PROFILE PIT 0 - 1' 1' - 8.0' Date Sandy Root Zone Sand, Clayey, Dense, Moist, Brown / Grey Scattered Rocks up to 8 -inches in diameter of Test: 9/06/2008 No Groundwater or Bedrock was Encountered Hole Hole Interval Measurement at Measurement at Change (in.) No. Depth (in.) (min.) Start of Interval End of interval (in.) (in.) Percolation Rate (min./in.) MPI 1 33 20 2.50 20 4.00 20 5.00 20 6.00 fill 20 3.50 20 4.50 2 37 20 1.75 20 3.25 20 4.00 20 5.00 20 5.75 20 6.50 3 39 20 2.50 20 4.00 20 5.25 20 6.00 20 7.00 20 7.75 4.00 5.00 6.00 7.25 4.50 5.50 3.25 4.00 5.00 5.75 6.50 7.25 4.00 5.25 6.00 7.00 7.75 dry AVG = 25 MPI 1.50 1.00 1.00 1.25 1.00 1.00 1.50 0.75 1.00 0.75 0.75 0.75 1.50 1.25 0.75 1.00 0.75 20 27 27 H-P�KUMAR Geotechnical Engineering} Engineering Geology Materials Testing Environmental 5020 County Road 154 Glenwood Springs, CO 81601 Phone: (970) 945-7988 Fax: (970) 945-8454 Email: hpkglenwood@kumarusa.com January 23, 2017 Kim & Rob Velasquez 2906 County Road 113 Carbondale, Colorado 81623 Office Locations: Parker, Glenwood Springs, and Silverthorne, Colorado Project No. 17-7-139 Subject: Debris Flow Review, Lot 1, Velasquez Minor Subdivision, 3064 County Road 113 (Cattle Creek Road), Garfield County, Colorado Dear Kini and Rob: As requested by Doug Pratt, the undersigned representative of H-P/Kumar observed the subject site on January 10, 2017 to review the potential risk of debris flow at the proposed building area on Lot 1. The findings of our observations and feasibility of debris flow mitigation are presented in this report. The services were performed in accordance with our agreement for professional engineering services to you, dated January 20, 2017. We understand the preferred building area is located in the central part of the current proposed building envelope. In a letter to Garfield County, the Colorado Geologic Survey (CGS) has identified the proposed building site as being in a potential debris flow area. Based on the Geologic Map of the Carbondale Quadrangle (Kirkham and Widmann, 1997) and our observations at the site, we agree with the CGS assessment. The alluvial fan soils are likely prone to collapse when wetted which should also be considered in the building design. The site may be underlain by Eagle Valley Evaporite bedrock which is associated with the development of sinkholes in the Roaring Fork Valley. Debris Flow: The proposed building envelope for Lot 1 is located on the eastern side of a Holocene -age debris fan located at the mouth of a relatively small drainage basin (approximately 60 acres). The drainage channel is incised north of the lot on the north side of Cattle Creek Road. An old berm about 10 feet high is located on the uphill side of Cattle Creek Road. The berm has mature sagebrush on top of it and appears to be at least 50 years old. The berm effectively blocks the drainage channel and there is an impoundment area on the upstream side. It does not appear that there have been runoff events large enough to overtop the berm since it has been in place, Currently, a debris flow event emanating from the drainage channel would be Kim & Rob Velasquez January 23, 2017 Page 2 initially stopped by the berm. Based on our experience with debris flows, the existing berm would result in a dramatic slowing of the debris flow and cause deposition of the debris in the existing impoundment area. If the debris flow were large enough to overtop the berm, it would then encounter the relatively flat County Road which is about 25 feet wide. The road would also slow the debris flow and result in more deposition of debris on the road. The northern Iimit of the proposed building area is located about 55 feet further south of the County Road. The resulting debris flow that might reach the central part of the building envelope, in our opinion, would be primarily a "mud flood" consisting of mostly muddy water. We believe that a low earthen berm, 2 to 3 feet high above the existing debris fan surface and located in the northern part of the building envelope, should be feasible to protect the proposed house from reasonably likely debris flow events. In our opinion, it would take an extremely, large debris flow event (well above a normal design storm event) to impact the proposed house, given the observed conditions and provided the 2 to 3 foot high berm is in place. We recommend that the proposed residence be located as far south in the building envelope as practical to further reduce the risk of debris flow impacting the building area. Once building plans have been further developed, we should review the site grading plan and perform additional geotechnical evaluations as needed. Sinkhole Potential: The site is underlain by Pennsylvania Age Eagle Valley Evaporite bedrock. The evaporite contains gypsum deposits. Dissolution of the gypsum under certain conditions can cause sinkholes to develop and can produce areas of localized subsidence. Sinkholes have not been observed in the immediate area of the subject lot. Based on our present knowledge of the site, it cannot be said for certain that sinkholes will not develop. In our opinion, the risk of ground subsidence at this site is low and similar to other sites in the area not affected by sinkholes but the owner should be aware of the potential for sinkhole development. The other concerns expressed by the CGS included not building on the southern side of Cattle Creek due to the steep slopes and keeping the building envelope out of the 100 -year flood plain. The current building envelope avoids both of those hazards. The CGS also recommended that a site specific subsoil study be performed to address the risk of settlement prone debris fan soils which we concur. The subsoil study should be performed once the specific building area has been identified. H -P ; KUMAR Project No. 16-7-632 Kim & Rob Velasquez January 23, 2017 Page 3 The recommendations submitted in this letter are based on the conditions observed at the site and our experience with debris flows and sinkholes in the general area. If you have any questions or need further assistance, please call our office. Sincerely, H-PKUMAR Daniel E. Hardin, A.E. Rev. by: SLP DEH/ksw Reference: Kirkham, Robert M. and Widmann, Beth L., I997. Geologic Map of the Carbondale Qrradrangk, Garfield County, Colorado. Colorado Geological Survey, Open File Report 97-3. cc: The Land Studio, Inc. - Doug Pratte (landstudio2@comcast.net) H -P t- KUMAR Project No. 16-7-632 RESOURCE E 3 I N EC RING I N C, Robert and Kim Velasquez 3064 County Road 113 Carbondale, CO 81623 rob@pinemtn.net kimmer.velasquez@gmail.com RE: 3064 County Road 113 —Well Water Quality Analysis Dear Rob and Kim: August 12, 2016 Revised January 24, 2017 At your request, Resource Engineering, Inc. (RESOURCE) analyzed the water quality of an existing well at your property near Carbondale, Colorado located at 3064 County Road 113 in Garfield County. This letter report presents the technical analysis of the water quality. WATER QUALITY Water samples from the well were obtained by RESOURCE on July 6, 2016 during a well pump test. The sample was shipped by overnight delivery under proper chain of custody to Colorado Analytical Laboratories, Inc. (results attached).' In accordance with the criteria established by the Garfield County Land Use and Development Code, the well was tested for inorganic compounds including metals, coliform, alkalinity, corrosivity, hardness, pH, total dissolved solids, and radionuclides. The attached results indicate that the well water meets the basic EPA primary and secondary drinking water standards with the following exceptions: 1. The presence of Total Coliform. The EPA primary drinking water standard for Total Coliform is zero for 100 mL of water. 2. Total Dissolved Solids (TDS) of 719 mg/L. The National Secondary Drinking Water Regulation (nonenforceable) is 500 mg/L with an upper limit of 1,000 mg/L. 3. Sulfate level of 342.3 mg/L. The National Secondary Drinking Water Regulation (nonenforceable) is 250 mg/L based on aesthetic effects such as taste and odor. 4. Iron level of 2.326 mg/L. The National Secondary Drinking Water Regulation (nonenforceable) is 0.3 mg/L for aesthetic reasons. 5. Manganese level of 0.0665 mg/L. The National Secondary Drinking Water Regulation (nonenforceable) is 0.05 mg/L. We also note that the water is considered very hard (>200 mg/L as CaCO3). This requires softening for household or commercial use. The well water hardness is 552.4 mg/L as CaCO3. 1 Colorado Analytical Laboratories subsequently sent sampled water Hazen Research, Inc. for the analysis of Gross Alpha and Gross Beta radionuclides. Consulting Engineers and Hydrologists 809 Colorado Avenue Glenwood Springs, CO 81 801 (970) 945-6777 Fax (970) 945-1137 Rob and Kim Velasquez August 12, 2016 Page 2 Revised January 24, 2017 Hard water can cause scale to build up in boilers, water heaters, and on water fixtures, and lessen effectiveness of soaps. Hardness is typically treated if greater than 200.0 mg/L. Each of the exceeded National primary and secondary water quality parameters is further discussed below. Total Coliform Coliform bacteria include a large group and many types of bacteria that naturally occur throughout the environment and are common in both soil and surface water. Most types of coliform bacteria are harmless to humans, but some can cause mild illness and even fewer can lead to waterborne disease. The presence of coliform indicates that a contamination pathway exists between a source of bacteria (surface water, animal waste, septic system, etc.) and the water supply. Coliform bacteria is much more common in springs and in shallow wells compared to deeper wells as the bacteria is filtered out by soil and rock as surface water infiltrates the ground. The presence of Total Coliform indicates that the groundwater supply is under the influence of surface water. Total Coliform can be treated with filtration. Ultrafiltration (average pore size of 0.01 micron) or higher level of treatment is required is typically required. Disinfection (i.e. chlorine or ultraviolet light) will also treat bacteria. Shock chlorination of the well is also often utilized for treatment; however, contamination could occur again over time. Total Dissolved Solids (TDS) TDS are defined as substances that would pass through a 0.45 micron filter, but would remain as residue when the water evaporates. They may include dissolved minerals and salts, humic acids, tannin and pyrogens. For treated domestic potable supplies, a TDS of less than 650 mg/L is a preferred goal. Given this, treatment for TDS is recommended. TDS is typically removed by reverse osmosis; however, nanofiltration (average pore size of 0.001 microns) will likely provide some level of treatment. Sulfate Sulfate minerals are widely distributed in nature. Sulfates may be leached from most sedimentary rocks, including shales. High sulfate concentrations in well waters are typical in arid regions where sulfate minerals are present. The EPA has established a secondary (nonenforceable) drinking water standard for sulfate of 250 mg/L do to taste and odor. Nanofiltration has been found to effectively treat sulfate. Iron Iron is an essential nutrient in animal and plant metabolism and is not normally considered toxic. It has a nonenforceable secondary drinking water standard of 0.3 mg/L as total iron for aesthetic reasons (i.e. rust colorization, staining of plumbing fixtures and laundry, and RESOURCE Rob and Kim Velasquez August 12, 2016 Page 3 Revised January 24, 2017 objectionable taste). Microfiltration (average pore size of 0.1) or higher is typically used to treat iron. Manganese Manganese is an essential trace element for microorganisms, plants, and animals. Health problems is humans may arise from deficient and excessive intake. An average dietary intake typically arranges from 2 to 10 mg/day. The EPA has a nonenforceable secondary drinking water standard of 0.05 mg/L. Microfiltration or higher is effective in treating manganese. CONCLUSION The laboratory results for the water quality analysis indicate that the water meets most primary and secondary drinking water standards. Exceptions include Total Coliform and secondary standards of TDS, sulfate, iron and manganese. In addition, the water was found to be very hard. Total Coliform can be treated with disinfection (i.e. chlorination or ultraviolet light) or ultrafiltration (average pore size of 0.01 micron) to meet the primary drinking water standard. The secondary water standards and hardness are not health threatening and are nonenforceable. Therefore, with disinfection or ultrafiltration, the water quality is suitable for domestic use (including irrigation). Additional water treatment as further explained below is recommended depending on personal taste, odor, and aesthetics. It is our understanding that the existing house on the property has a Culligan water treatment system that includes water softening and filtration. RESOURCE recommends that a similar water treatment system be installed at any future dwelling that utilizes this well as a source of supply. Higher levels of filtration may be needed depending on taste and TDS concentrations; therefore, testing the water quality post treatment after the existing system will provide useful information to determine if any additional treatment is necessary. Please call if you have any questions or need additional information. Sincerely, RESOURCE ENGINEERING, INC. Eric F. Mangeot, P.E. Water Resources Engineer EFM/1217-2.0 Attachments HL:RESOURCE Colorado Analytical LABORATORIES, INC. Report To: Daniel Roper Company: Resource Engineering, Inc. 909 Colorado Avenue Glenwood Springs CO 81601 Analytical Results TASK NO: 160707066 Bill To: Melody Morris Company: Resource Engineering, Inc. 909 Colorado Avenue Glenwood Springs CO 81601 Task No.: 160707066 Client PO: 1217-20 Client Project: GarCo Well Test Parameters Date Received: 7/7/16 Date Reported: 8/8/16 Matrix: Water - Drinking Customer Sample ID 1217-20 Well Sample Date/Time: 7/6/16 11:30 AM Lab Number: 160707066-01 Test Result Method ML Date Analyzed Analyzed By Bicarbonate Calcium as CaCO3 Carbonate Langelier Index pH Temperature Total Alkalinity Total Dissolved Solids 275.2 mg/L 360.8 mg/L < 0.1 mg/L 0.24 units 7.20 units 20 'C 225.6 mg/L as CaCO3 719 mg/L Abbreviations/ References: ML = Minimum Level = LRL = RL mg/L = Milligrams Per Liter or PPM ug/L = Micrograms Per Liter or PPB mpn/100 mis = Most Probable Number Index/ 100 mis Date Analyzed = Date Test Completed SM 2320-B SM 3111-B SM 2320-B SM 2330-B SM 4500 -H -B SM 4500 -H -B SM 2320-B SM 2540-C 0.1 0.1 0.1 0.01 1 0.1 5 7/8/16 7/18/16 7/8/16 7/19/16 7/7/16 7/7/16 7/8/16 7/12/16 DATA APPROVED FOR RELEASE BY 240 South Main Street / Brighton, CO 80601-0507 / 303-659-2313 Mailing Address: P.O. Box 507 / Brighton, CO 80601-0507 / Fax: 303-659-2315 Page 1 of 2 MBN ICP MBN SAN MBN MBN MBN ISG 160707066 flokColorado •:Analytical LABORATORIES, INC. Report To: Daniel Roper Company: Resource Engineering, Inc. 909 Colorado Avenue Glenwood Springs CO 81601 Analytical Results TASK NO: 160707066 Bill To: Melody Morris Company: Resource Engineering, Inc. 909 Colorado Avenue Glenwood Springs CO 81601 Task No.: 160707066 Client PO: 1217-20 Client Project: GarCo Well Test Parameters Date Received: 7/7/16 Date Reported: 8/8/16 Matrix: Water - Drinking Customer Sample ID 1217-2 0 Well Sample Date/Time: 7/6/16 11:30 AM Lab Number: 160707066-01 Test Chloride Fluoride Nitrate Nitrogen Nitrite Nitrogen Specific Conductance Sulfate 1 Result Method ML 1 Date Analyzed Analyzed By 11.4 mg/L EPA 300 0 0.1 mg/L 7/7/16 MBN 0.16 mg/L EPA 300.0 0.09 mg/L 7/7/16 MBN 0.74 mg/L EPA 300.0 0.05 mg/L 7/7/16 MBN < 0.03 mg/L EPA 300 0 0.03 mg/L 7/7/16 MBN 954 umhos/cm @ 25c EPA 120 1 5 umhos/cm @ 25c 7/7/16 MBN 342.3 mg/L EPA 300.0 0 1 mg/L 7/7/16 MBN Total Arsenic 0.0012 mg/L EPA 200.8 0.0006 mg/L 7/14/16 TCD Cadmium < 0.0001 mg/L EPA 200.8 0.0001 mg/L 7/14/16 TCD Calcium 144.5 mg/L EPA 200.7 0.1 mg/L 7/14/16 ICP Copper 0.0050 mg/L EPA 200.8 0.0008 mg/L 7/14/16 TCD Iron 2.326 mg/L EPA 200.7 0.005 mg/L 7/14/16 ICP Lead 0.0012 mg/L EPA 200.8 0.0001 mg/L 7/14/16 TCD Magnesium 46.55 mg/L EPA 200.7 0.02 mg/L 7/14/16 ICP Manganese 0.0665 mg/L EPA 200.8 0.0008 mg/L 7/14/16 TCD Sodium 16.9 mg/L EPA 200.7 0.1 mg/L 7/14/16 ICP Sodium Adsorption Ratio 0.3 units Calculation 0.1 units 7/18/16 ICP Total Hardness 552.4 mg/L as CaCO3 SM 2340-B 0.1 mg/L as CaCO3 7/18/16 ICP Uranium 0.0042 mg/L EPA 200.8 0.0002 mg/L 7/14/16 TCD Zinc 0.031 mg/L EPA 200 8 0.001 mg/L 7/14/16 TCD Abbreviations/ References: ML = Minimum Level = LRL = RL mg/L = Milligrams Per Liter or PPM ug/L = Micrograms Per Liter or PPB mpn/100 mis = Most Probable Number Index/ 100 mis Date Analyzed = Date Test Completed r y t DATA APPROVED FOR RELEASE BY 240 South Main Street / Brighton, CO 80601-0507 / 303-659-2313 Mailing Address: P.O. Box 507 / Brighton, CO 80601-0507 / Fax: 303-659-2315 Page 1 of 2 160707066 1/1 drok Colorado • :Analytical LABORATORIES, INC. Report To: Daniel Roper Company: Resource Engineering, Inc. 909 Colorado Avenue Glenwood Springs CO 81601 Analytical Results TASK NO: 160707066 Bill To: Melody Morris Company: Resource Engineering Inc. 909 Colorado Avenue Glenwood Springs CO 81601 Task No.: 160707066 Client PO: 1217-20 Client Project: GarCo Well Test Parameters Date Received: 7/7/16 Date Reported: 8/8/16 Matrix: Water - Drinking Lab Number Customer Sample ID Sample Date/Tlme Test Result Method Date Analyzed 160707066-01B 1217-2.0 Well 7/6/16 11:30 AM Total Coliform E -Coli Abbreviations/ References: Absent = Coliform Not Detected Present = Coliform Detected - Chlorination Recommended Date Analyzed = Date Test Completed SM = "Standard Methods for the Examination of Water and Wastewater" APHA. 19th Edition 1995 Present Absent 24. SM 9223 SM 9223 DATA APPROVED FOR RELEASE BY 240 South Main Street / Brighton, CO 80601-0507 / 303-659-2313 Mailing Address: P.O. Box 507 / Brighton, CO 80601-0507 / Fax: 303-659-2315 Page 1 of 2 7/8/16 7/8/16 160707066 FIAZEN Hazen Research, Inc. 4601 Indiana Street Golden, CO 80403 USA Tel: (303) 279-4501 Fax: (303) 278-1528 Colorado Analytical Laboratories, Inc. Stuart Nielson P.O. Box 507 240 South Main Street Brighton, CO 80601 REPORT OF ANALYSIS DATE HRI PROJECT HRI SERIES NO DATE RECD. COST. P.O.# August 8, 2016 009-616 G103/16 7/11/2016 None Recd SAMPLE NO. G103/16-1 SAMPLE IDENTIFICATION: 160707066-1 C 1217-2.0 Well - sampled on 07/06/2016 @ 1130 by Daniel Roper PARAMETER Gross Alpha (+-Precision*), pCi/I (T) Gross Beta (+-Precision*), pCi/I (T) RESULT DETECTION LIMIT METHOD 9.4(+-1.8) 0.9 2.5(+-1.3) 1.2 SM 7110 B SM7110B ANALYSIS DATE 8/4/2016 @ 0745 8/4/2016 @ 0745 ANALYST LD LD Certification ID's: CO/EPA C000008; CT PH -0152; KS E-10265; NJ C0008; NYSELAP (NELAC Certified) 11417; RI LA000284; WI 998376610, TX T104704256-15-6 *Variability of the radioactive decay process (counting error) at the 95% confidence level, 1.96 sigma. Report may only be copied in its entirety. Results reported herein relate only to discrete samples submitted by the client Hazen Research, Inc. does not warrant that the results are representative of anything other than the samples that were recelved In the laboratory CODES: (T) = Total (D) = Dissolved (S) = Suspended (R) = Total Recoverable (PD) = Potentially Dissolved < = Less Than By: Jessi `` en Anal ,tr 1 Laboratories M An Employee -Owned Company ager Page 1 of 1 Drinking Water Chain of Custody .0 vs 0 0 ea as 5 i N • oN� i ao r) • N N • f• eS "o oc ee4 OS O • k www.coloradolab.com State Form / Project Information PWSID: System Name: Address: City State Zip 0 O 0 U Compliance Samples: Yes 0 NoEl Send Forms to State: Yes 0 No g Bill To Information (If different from report to) Company Name:/6_ JIu-D Contact Name: /''ie C /tiae—r-, Address: Ci State Zi. Phone: Fax: t i 2 E O 0.1 a Report To Information Company Name: tc,sjpt<(Ce Contact Name: DAlve !//2-rri' Address: %0 (64. -do 4ydG �ve' '/e t'Vd[ c .2/64/ City State Zip .. a. b IN Y 0 a Email: 01✓!lfer-5reJC,4./Ce — Sampler Name: lave LA," y 07abe Subcontract Analyses wmueJn Seals Present Yes n No ❑ Headsp.ace Yes ❑ No ❑ Temp. 1/ °C /Ice Sample Pres YesNo e: ❑ Date/Ti uopea 8ZZ wn!pe11 9ZZ wn!peII moweydly sso.c0 Rec ived By: 7 PHASE 1, 11, V Drinking Water Analyses (check analysis) Op'!3) bsz An `VAns (013-1!D) OOa `301 xapul '$ug'1/1IIV X sa!ue2ioul apuon13 Date/Ti : C/S Info: S Delivered Via: 1/�. P C/S Chargia ajen!t X Jaddoj/pen )j sSNb'H Z'ZSS Relinquished By: sWH.L..I. Z'17Z5 ienb!O Z'6175 IIeiloPu3 I'BVS msoyd/(IO LI' salewegaej l' l £S )sad-s3OS Z'SZS �� i— t W r_ G sDOA Z't7ZS g O N V> —9 14 d h C rr to 7 7 C (/ ) sap!a1q141 vg 1g s8Od/slsad SOS dD a/ua3 lTOS V/d waoJ!lo0 Ietod, Received By: 1DUI UIUDD ARF Date Time Client Sample ID / EP Code `J E� Relinquished By: )ter V 07/02/2008 06:30 9706258627 GARCO ROAD BRIDGE PAGE 03/06 CL Garfield County Application for Driveway Permit Person Obtaining Permit: Robert and Ida Mae Beasley Application Date: 7/2/2008 County Road Nunrber: 113 District: Glenwood Permit Number: GRB08-D-70 Termination Date: 8/2/2008 Inspector: Wyatt Keesbery hereby requests permission and authority from the Board of County Commissioners to construct a driveway approach (es) on the right-of-way off of County Road, 113, 2.9 miles East of Hwy 82, located on the South side of road for the purpose of obtaining access to property. Applicant submits herewith for the consideration and approval of the Board of County Commissioners, a sketch of the proposed installation showing all the necessary specification detail including: 1. Frontage of lot along road, 2. Distance from centerline of road to property line. 3. Number of driveways requested 4.. 'Width of proposed driveways and angle of approach. 5. .Distance from driveway to road intersection, if any. 6. Size avid shape of area separating driveways if more than ane approach. 7. Sethaek distance of building(s) and other structure improvements. 8. No unloading of equipment on county road, any damage caused to county road will be repaired at subdivision expense. ' 9. Responsible for two years from the date of completion, Genera! Provisions 1) The applicant represents all parties in interest, and affirms that the driveway approach (es) is to be constructed by him for the bona fide purpose of securing access to his property and not for the purpose of doing business or servicing vehicles on the road right of way. 2) The applicant shall furnish all labor and materials, perform all work, and pay all costs in connection with the construction of the driveway(s). All work shall be completed within thirty (30) days of the permit date. 3) The type of construction shall be as designated and/or approved by the Board of County Commissioners or their representative and all materials used shall be of satisfactory quality and subject to inspection and approval of the Board of County Commissioners or their representative. 4) The traveling public shall be protected during the installation with proper warning signs and signals and the Board of County Commissioners and their duly appointed agents and employee shall be held harmless against any action for personal injury or property damage sustained by any reason of the exercise of the Permit. 5) The .Applicant shall assume responsibility for the removal or clearance of snow, ice, or sleet upon any portion of the driveway approach (es) even though deposited ori the driveway(s) in the course of the County snow removal operations. 07/02/2008 06:30 9706258627 GARCO ROAD BRIDGE PAGE 04/06 6) In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the entrance shall be surely braced before the fence is cart to prevent any slacking of the remaining fence and all posts and wire removed shall be turned over to the District Road Supervisor of the Board of County Commissioners. 7) No revisions or additions shall be made to the driveway(s) or its appurtenances on the right-of-way without written permission of the Board of County Commissioners. 8) Provisions and specifications outlined herein shall apply on all roads under the jurisdiction of the Board of County Commissioners of Garfield County, Colorado, and the Specifications, set forth on the attached hereof and incorporated herein as conditions hereof. 9) Final inspection of driveway will be required upon completion and must he approved by person issuing permit or representative of person issuing permit. The inspection and sign off must be done prior to any CO from the Building and Planning Department being issued. 10) Contractor agrees to all Provisions in Exhibit A. Special Conditions: 1. Driveway Width- 40ft 2. Culvert required? False Size; by 3. Asphalt or concrete pad required? True Size of pad: 40ft wide x loft long x 4in thick 4. Gravel! portion required? True Length: 40ft 5. Trees, brush and/or fence need to be removed for visibility? True 6. Distance and Direction; 7. Certified Traffic Control Required? False . . ' 8. Work zone signs required? True In signing this application and upon receiving authorization and permission to install the.driveway approach•(es,) described herein the Applicant signifies that he has read, understands and accepts the foregoing provisions ancl.conditions and agrees to construct the driveway(s) in accordance with the accompanying specification plan reviewed and approved . by the Board of County Commissioners. Signed; 1,./rt Address: d ldsl //5/ /, [p F1d2. Telephone Number: 974 Permit granted 7/2/2008, subject to the provisions, specifications and conditions stipulated herein. For Board of Coultty Commissioners' of Garfield County, Colorado: Representative of Garfield County Road and Bridge Signature December 20, 2016 Kathy Eastley Garfield County Community Development 108 8th Street, suite 401 Glenwood Springs, CO 81601 Re: Velasquez Minor Subdivision Dear Kathy, The Shaeffer Ditch Company as well as neighbors of the Velasquez property have been made aware of the application submitted to Garfield County for a proposed Minor Subdivision. The proposed additional lot and dwelling unit will have no impact on the ditch and it's irrigation uses. The Shaeffer Ditch Company will continue to maintain the ditch in it's current location. George Dixon President, Shaeffer Ditch Company FOUND B.L.M. BRASS CAP S 1/16 CORNER SECTIONS 9/10 1-L183'15'20" w VICINITY MAP SCALE: 1" = 2,000' 1610.47' (N 70°02'42"E) N70°03'17"EN 10.57' SET REBAR & PLASTIC CAP LS38215 24.30' WITNESS CORNER (N13°41'45"W 94.16') N13°41�W 94.17' FOUND N0.5 REBAR VELASQUEZ MINOR SUBDIVISION A PARCEL OF LAND SITUATED WITHIN LOT 'I 4 AND A PORTION OF LOT 18 SECTION 10, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO (0=17°57'04") (R=382.55') (L=119.85') t=17°57'04" R=382.55' L=119.86' CB=N79°01'49"W C=119.37' (N87°59'46"E) (173.04') N 88°00'21"E / 170.20' ROAD (60' R.0.w.) 113 SET REBAR & PLASTIC CAP LS38215 SEE SHEET 2--T FOR DETAILS GRAPHIC SCALE 100 0 50 100 200 L_ - FOOT PATH BUILDING ENVELOPE LOT 1 0 OWNER RUSS P & JULIE D PENNINO 3044 CR 113 CARBONDALE, CO PARCEL NO. 2393103000456 400 ( IN FEET ) 1 inch = 100 ft. FOUND B.L.M. ALUMINUM CAP W 1/16 CORNER SECTION 10/15 x x x LEGEND FOUND B.L.M. BRASS CAP AS DESCRIBED 00 FOUND PROPERTY CORNER AS DESCRIBED • SET NO. 5 REBAR & CAP L.S. NO.38215 SO SANITARY MANHOLE WELL c -a, UTILITY POLE/POWER POLE OE OVERHEAD POWER LINE (357.50') RECORD DATA N83°11'28'W 574.37' x 0. FOUND N0.5 REBAR z 0 00 0 O 0 CSI 0 0 0 FOUND REBAR & PLASTIC CAP 3317 0 LOT 17 SECTION 10 -FOUND REBAR & PLASTIC CAP ILLEGIBLE 16.14' WITNESS CORNER 1 FOUND REBAR & PLASTIC CAP LS3317 0.37' EAST OF PROPERTY LINE SET REBAR & PLASTIC CAP LS38215 37 o NT � 7 N N831 BUILDING ENVELOPE LOT 2 100 -YEAR FLOOD 1 / PLAIN BOUNDARY /x J CY) cfl N83"12'54 yy (N83'10'S3�� 357.59' W 357.50') OWNER BUREAU OF LAND MANAGEMENT PARCEL NO. 239316300954 0 '20"W LOT 18 SECTION 10 584.94' OWNER NEAL H & JEAN DUPRE POLLACK 3266 CR 113 CARBONDALE, CO PARCEL NO. 239310300048 FOUND REBAR & PLASTIC CAP ILLEGIBLE Z Z CA 04 O 0 x FOUND REBAR & PLASTIC CAP 3317 LOT 14 SECTION 10 x FOUND B.L.M. BRASS CAP CS 1/16 CORNER SECTION 10 N83°12 25' W x390.28' x 7.e)0 N 00 u7 N00°04'36"E FOUND GARFIELD COUNTY BRASS CAP 1/4 CORNER SECTIONS 10/15 CERTIFICATE OF TAXES PAID 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., 2017. GARFIELD COUNTY TREASURER TITLE CERTIFICATE 1, , AN AGENT AUTHORIZED BY LAND TITLE GUARANTEE COMPANY, DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO ALL LANDS SHOWN UPON THIS PLAT AND THAT TITLE TO SUCH LANDS IS VESTED IN TINA AND ROBERT VELASQUEZ AND ROBERT AND IDA BEASLEY, 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., 2017. TITLE COMPANY: LAND TITLE GUARANTEE COMPANY AGENT 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., 2017. GARFIELD COUNTY SURVEYOR CERTIFICATE OF DEDICATION AND OWNERSHIP THE UNDERSIGNED TINA KIM VELASQUEZ, ROBERT CLAY VELASQUEZ, ROBERT LEE BEASELY AND IDA MAE BEASELY, BEING SOLE OWNERS IN FEE SIMPLE OF ALL THAT REAL PROPERTY SITUATED IN GARFIELD COUNTY, DESCRIBED AS FOLLOWS: PARCEL 1, A PARCEL OF LAND SITUATED IN LOT 14 OF SECTION 10, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M. DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID SECTION 10, WHENCE THE SOUTH QUARTER CORNER OF SAID SECTION 10 BEARS SOUTH 8310'43" EAST 390.22 FEET; THENCE NORTH 83'10'43" WEST 357.50 FEET ALONG THE SOUTHERLY LINE OF SAID SECTION 10; THENCE NORTH 00'02'32" WEST 714.36 FEET; THENCE NORTH 13'42'20" WEST 667.00 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 14; THENCE SOUTH 83'42'20" EAST 319.25 FEET ALONG THE NORTHERLY LINE OF SAID LOT 14; THENCE SOUTH 13'42'20" EAST 593.78 FEET; THENCE SOUTH 04'00'18" EAST 794.90 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 10; THE POINT OF BEGINNING. AND, PARCEL 2, A PORTION OF LOT 18, SECTION 10, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M., GARFIELD COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON POST AND BRASS CAP PROPERLY MARKED AND FOUND IN PLACE FOR THE CENTER SOUTH 1/16 CORNER OF SAID SECTION 10 (BEING THE SAME AS THE S.E. CORNER OF SAID LOT 18). THENCE NORTH 8316'44" WEST ALONG THE SOUTH LINE OF SAID LOT 18, 588.45 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG SAID SOUTH LINE OF LOT 18, 319.25 FEET; THENCE LEAVING SAID SOUTH LINE NORTH 13'42'20" WEST 94.16 FEET TO THE NORTH LINE OF SAID LOT 18; THENCE ALONG SAID NORTH LINE NORTH 70'02'42" EAST 10.57 FEET; THENCE ALONG SAID NORTH LINE ALONG A CURVE TO THE RIGHT , HAVING A RADIUS OF 382.55 FEET AND A CENTRAL ANGLE OF 17'57'04", A DISTANCE OF 119.85 FEET; THENCE ALONG SAID NORTH LINE NORTH 87'59'46" EAST 173.04 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 13'42'20" EAST 165.96 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 10.840 ACRES, MORE OR LESS, HAVE CAUSED THE DESCRIBED REAL PROPERTY TO BE SURVEYED, LAID OUT, PLATTED AND SUBDIVIDED INTO LOTS AND BLOCKS AS SHOWN ON THIS PLAT UNDER THE NAME AND STYLE OF VELASQUEZ MINOR SUBDIVISION, A SUBDIVISION IN COUNTY OF GARFIELD. THE OWNER(S) DO) HEREBY 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 DEDICATE(S) 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 DRAINAGE 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 LINES. SUCH EASEMENT AND RIGHTS SHALL BE UTILIZED IN A REASONABLE AND PRUDENT MANNER. ALL EXPENSE FOR STREET PAVING OR IMPROVEMENTS SHALL BE FURNISHED BY THE SELLER OR PURCHASER, NOT BY THE COUNTY OF GARFIELD. EXECUTED THIS DAY OF , A D , 2017. OWNER ADDRESS: TINA AND ROBERT CLAY VELASQUEZ 3064 COUNTY ROAD 113 CARBONDALE, CO 81623 TINA VELASQUEZ ROBERT CLAY VELASQUEZ ROBERT BEASELY IDA BEASELY STATE OF COLORADO ) : SS COUNTY OF GARFIELD ) ROBERT AND IDA BEASELY 3064 COUNTY RAOD 113 CARBONDALE, CO 81623 THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF A D , 2017, BY TINA AND ROBERT CLAY VELASQUEZ AND ROBERT AND IDA BEASLEY. MY COMMISSION EXPIRES. WITNESS MY HAND AND OFFICIAL SEAL. NOTARY PUBLIC PLAT NOTES 1.) BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF N13'42'20"W BETWEEN THE NORTHEAST CORNER OF PARCEL 1, BEING A SET N05 REBAR AND PLASTIC CAP LS38215 AND THE EAST ANGLE POINT OF PARCEL 1, BEING A FOUND REBAR AND ILLEGIBLE PLASTIC CAP AS SHOWN HEREON. 2.) DATE OF FIELD SURVEY: JUNE 22, 2016. 3.) LINEAR UNITS USED TO PERFORM THIS SURVEY WERE U.S. SURVEY FEET. 4.) THIS SURVEY IS BASED ON RECEPTION NO. 394389 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE AND CORNERS FOUND IN PLACE AS SHOWN. 5.) THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS AND EASEMENTS OF RECORD OR IN PLACE AND EXCEPTIONS TO TITLE SHOWN IN THE TITLE COMMITMENT PREPARED BY LAND 11TLE GUARANTEE COMPANY, ISSUE DATE JUNE 13, 2016 (ORDER NUMBER CW63010879). 6.) FLOOD PLAIN BOUNDARY SHOWN HEREON WERE TAKEN FROM FEMA FIRM MAP COMMUNITY PANEL NO. 080205 1470 B DATED JANUARY 3, 1986. 7.) ELEVATIONS SHOWN HEREON ARE BASED ON NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88) DERIVED FROM AN NGS OPUS SOLUTION BASED ON GPS MEASUREMENTS TAKEN ON JUNE 22, 2016. 8.) OWNER OF RECORD: 11NA KIM VELASQUEZ AND ROBERT CLAY VELASQUEZ AND ROBERT LEE BEASLEY AND IDA MAY BEASLEY 3064 COUNTY ROAD 113, CARBONDALE, CO 81623 9.) NO NEW CONSTRUCTION OR BUILDINGS SHALL OCCUR WITHIN THE CATTLE CREEK 100 YEAR FLOODPLAIN OR FLOODWAY. 10.) ALL AREAS DISTURBED DURING CONSTRUCTION OF UTILITIES OR WATER LINE INSTALLATION SHALL BE REVEGETATED WITH RIVENDELL'S NATIVE LOW GROW MIX, SEEDING RATE: 1/2 LB. PER 1,000 SQ.FT. 11.) CONTROL OF NOXIOUS WEEDS IS THE RESPONSIBILITY OF THE PROPERTY OWNERS. 12.) NO OPEN HEARTH SOLID -FUEL FIREPLACES WILL BE ALLOWED ANYWHERE WITHIN THE SUBDIVISION. ONE (1) 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. 13.) ALL EXTERIOR LIGHTING WILL BE THE MINIMUM AMOUNT NECESSARY AND ALL EXTERIOR LIGHTING WILL 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. 14.) COLORADO IS A "RIGHT -TO -FARM" STATE PURSUANT TO C.R.S. 35-3-101, ET SEQ. LANDOWNERS, RESIDENTS AND VISITORS MUST BE PREPARED TO ACCEPT THE ACTIVITIES, SIGHTS, SOUNDS AND SMELLS OF GARFIELD COUNTY'S AGRICULTURAL OPERATIONS AS A NORMAL AND NECESSARY ASPECT OF LIVING IN A COUNTY WITH A STRONG RURAL CHARACTER AND A HEALTHY RANCHING SECTOR. THOSE WITH AN URBAN SENSITIVITY MAY PERCEIVE SUCH ACTIVITIES, SIGHTS, SOUND, AND SMELLS ONLY AS INCONVENIENCE, EYESORE, NOISE AND ODOR. HOWEVER, STATE LAW AND COUNTY POLICY PROVIDE THAT RANCHING, FARMING AND OTHER AGRICULTURAL ACTIVITIES AND OPERATIONS WITHIN GARFIELD COUNTY SHALL NOT BE CONSIDERED TO BE A NUISANCE 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 A LEGAL AND NON -NEGLIGENT AGRICULTURAL OPERATIONS. 15.) ALL OWNERS OF LAND, WHETHER RANCH OR RESIDENCE, HAVE OBLIGATIONS UNDER STATE LAW AND COUNTY REGULATIONS WITH REGARD TO THE MAINTENANCE OF FENCES AND IRRIGATION DITCHES, CONTROLLING WEEDS, KEEPING LIVESTOCK AND PETS UNDER CONTROL, USING PROPERTY IN ACCORDANCE WITH ZONING, AND OTHER ASPECTS OF USING AND MAINTAINING PROPERTY. RESIDENTS AND LANDOWNERS ARE ENCOURAGED TO LEARN ABOUT THESE RIGHTS AND RESPONSIBILITIES AND ACT AS GOOD NEIGHBORS AND CITIZENS OF THE COUNTY. A GOOD INTRODUCTORY SOURCE FOR SUCH INFORMATION IS "A GUIDE TO RURAL LIVING & SMALL SCALE AGRICULTURE" PUT OUT BY THE COLORADO STATE UNIVERSITY EXTENSION OFFICE IN GARFIELD COUNTY. 16.) 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). 17.) DOGS KEPT ON THE PROPERTY SHALL BE IN A FENCED YARD OR ON A LEASH TO PREVENT HARASSMENT OF WILDLIFE. 18.) FENCING ON THE PROPERTY SHALL COMPLY WITH THE COLORADO PARKS AND WILDLIFE SPECIFICATIONS FOR WILDLIFE -FRIENDLY FENCING. 19.) 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 OR PROPOSED 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. 20.) THE 30 FOOT WIDE ACCESS EASEMENT SHOWN HEREON IS A SHARED EASEMENT AND WAS CREATED TO PROVIDE ACCESS ACROSS LOT 1 FOR LOT 2 AND IS FOR THE BENEFIT OF LOT 2 AND IS SUBJECT TO A DRIVEWAY SHARING AGREEMENT AS NOTED HEREON. 21.) THE WATER TANK EASEMENT AND WATERLINE EASEMENTS SHOWN HEREON IS A SHARED WATER SYSTEM AND PROVIDES WATER TO EACH LOT FROM A SHARED WELL SHOWN HERE AND IS SUBJECT TO A WELL SHARING AGREEMENT AS NOTED HEREON. 22.) THESE LOTS ARE SUBJECT TO DRIVEWAY SHARING AGREEMENT RECORDED AS RECEPTION NO 23.) THESE LOTS ARE SUBJECT TO A WELL SHARING AGREEMENT RECORDED AS RECEPTION NO 24.) THESE LOTS ARE SUBJECT TO AN IMPROVEMENTS AGREEMENT RECORDED AS RECEPTION NO 25.) THE SHAEFFER DITCH IS OWNED BY THE SHAEFFER DITCH COMPANY IS SUBJECT TO WATER & DITCH RIGHTS AND EASEMENTS. 26.) PROFESSIONALLY ENGINEERED DEBRIS FLOW MITIGATION, DRAINAGE CONTROL, AND EROSION CONTROL PLANS WILL BE INCLUDED AS PART OF A BUILDING PERMIT APPLICATION FOR ANY NEW RESIDENTIAL CONSTRUCTION OF LOTS 1 AND 2. COUNTY COMMISIONERS' CERTIFICATE BASED UPON THE REVIEW AND RECOMMENDATION OF THE 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., 2017, 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 PROVISION 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 SEPARATE 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 SURVEYOR'S CERTIFICATE I, RODNEY P. KISER, 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, VELASQUEZ MINOR SUBDIVISION 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 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 2017. RODNEY P. KISER, PLS NO. 38215 COLORADO PROFESSIONAL SURVEYOR CLERK AND RECORDER'S CERTIFICATE THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO, AT O'CLOCK , ON THIS DAY OF , 2017, AND IS DULY RECORDED AS RECEPTION NO. CLERK AND RECORDER BY: DEPUTY NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL AC11ON BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY AC11ON BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. z PO h U« co E0 00 N z0 N 02 =ice 0 JZCO d' 0 U OR 534-06700 IN METRO DENVER w U yUW Z ▪ c O r aciDza/Lt cm2m a0,-w� ❑-Iw w00Z Doctfl 03O<0 Q▪ mX� Z U D NO. DATE REVISION BY J >- m z CHECKED BY: N cb 0 W J L U V z Et" W W z z Lid re 1 z O U j1 Z 0) N O CD q' SCO I- 0 1` NUS gu4 ll" WCZto U) 02 -'0° CO N�O zr et w- W Z 0a 0 w O MCe O o O 0 Z� J O Q J 6f Z wd mZ co 0 � U 'd' --I Mp i� IL fx rict PROJECT NO. 2161703 'I OF 2 , - , ---YW:_i,(' . SUBJECT 1,..(1.5(16. . it.- • , ._\.....„.: ' c_7oei_j- '�� PRS, ERTjyY 1 �\- __ (3 it ----- 'cam; , 1 r ,�- _./ ) rJ f 'G�\. FOUND B.L.M. BRASS CAP S 1/16 CORNER SECTIONS 9/10 1-L183'15'20" w VICINITY MAP SCALE: 1" = 2,000' 1610.47' (N 70°02'42"E) N70°03'17"EN 10.57' SET REBAR & PLASTIC CAP LS38215 24.30' WITNESS CORNER (N13°41'45"W 94.16') N13°41�W 94.17' FOUND N0.5 REBAR VELASQUEZ MINOR SUBDIVISION A PARCEL OF LAND SITUATED WITHIN LOT 'I 4 AND A PORTION OF LOT 18 SECTION 10, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO (0=17°57'04") (R=382.55') (L=119.85') t=17°57'04" R=382.55' L=119.86' CB=N79°01'49"W C=119.37' (N87°59'46"E) (173.04') N 88°00'21"E / 170.20' ROAD (60' R.0.w.) 113 SET REBAR & PLASTIC CAP LS38215 SEE SHEET 2--T FOR DETAILS GRAPHIC SCALE 100 0 50 100 200 L_ - FOOT PATH BUILDING ENVELOPE LOT 1 0 OWNER RUSS P & JULIE D PENNINO 3044 CR 113 CARBONDALE, CO PARCEL NO. 2393103000456 400 ( IN FEET ) 1 inch = 100 ft. FOUND B.L.M. ALUMINUM CAP W 1/16 CORNER SECTION 10/15 x x x LEGEND FOUND B.L.M. BRASS CAP AS DESCRIBED 00 FOUND PROPERTY CORNER AS DESCRIBED • SET NO. 5 REBAR & CAP L.S. NO.38215 SO SANITARY MANHOLE WELL c -a, UTILITY POLE/POWER POLE OE OVERHEAD POWER LINE (357.50') RECORD DATA N83°11'28'W 574.37' x 0. FOUND N0.5 REBAR z 0 00 0 O 0 CSI 0 0 0 FOUND REBAR & PLASTIC CAP 3317 0 LOT 17 SECTION 10 -FOUND REBAR & PLASTIC CAP ILLEGIBLE 16.14' WITNESS CORNER 1 FOUND REBAR & PLASTIC CAP LS3317 0.37' EAST OF PROPERTY LINE SET REBAR & PLASTIC CAP LS38215 37 o NT � 7 N N831 BUILDING ENVELOPE LOT 2 100 -YEAR FLOOD 1 / PLAIN BOUNDARY /x J CY) cfl N83"12'54 yy (N83'10'S3�� 357.59' W 357.50') OWNER BUREAU OF LAND MANAGEMENT PARCEL NO. 239316300954 0 '20"W LOT 18 SECTION 10 584.94' OWNER NEAL H & JEAN DUPRE POLLACK 3266 CR 113 CARBONDALE, CO PARCEL NO. 239310300048 FOUND REBAR & PLASTIC CAP ILLEGIBLE Z Z CA 04 O 0 x FOUND REBAR & PLASTIC CAP 3317 LOT 14 SECTION 10 x FOUND B.L.M. BRASS CAP CS 1/16 CORNER SECTION 10 N83°12 25' W x390.28' x 7.e)0 N 00 u7 N00°04'36"E FOUND GARFIELD COUNTY BRASS CAP 1/4 CORNER SECTIONS 10/15 CERTIFICATE OF TAXES PAID 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., 2017. GARFIELD COUNTY TREASURER TITLE CERTIFICATE 1, , AN AGENT AUTHORIZED BY LAND TITLE GUARANTEE COMPANY, DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO ALL LANDS SHOWN UPON THIS PLAT AND THAT TITLE TO SUCH LANDS IS VESTED IN TINA AND ROBERT VELASQUEZ AND ROBERT AND IDA BEASLEY, 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., 2017. TITLE COMPANY: LAND TITLE GUARANTEE COMPANY AGENT 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., 2017. GARFIELD COUNTY SURVEYOR CERTIFICATE OF DEDICATION AND OWNERSHIP THE UNDERSIGNED TINA KIM VELASQUEZ, ROBERT CLAY VELASQUEZ, ROBERT LEE BEASELY AND IDA MAE BEASELY, BEING SOLE OWNERS IN FEE SIMPLE OF ALL THAT REAL PROPERTY SITUATED IN GARFIELD COUNTY, DESCRIBED AS FOLLOWS: PARCEL 1, A PARCEL OF LAND SITUATED IN LOT 14 OF SECTION 10, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M. DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID SECTION 10, WHENCE THE SOUTH QUARTER CORNER OF SAID SECTION 10 BEARS SOUTH 8310'43" EAST 390.22 FEET; THENCE NORTH 83'10'43" WEST 357.50 FEET ALONG THE SOUTHERLY LINE OF SAID SECTION 10; THENCE NORTH 00'02'32" WEST 714.36 FEET; THENCE NORTH 13'42'20" WEST 667.00 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 14; THENCE SOUTH 83'42'20" EAST 319.25 FEET ALONG THE NORTHERLY LINE OF SAID LOT 14; THENCE SOUTH 13'42'20" EAST 593.78 FEET; THENCE SOUTH 04'00'18" EAST 794.90 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 10; THE POINT OF BEGINNING. AND, PARCEL 2, A PORTION OF LOT 18, SECTION 10, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M., GARFIELD COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON POST AND BRASS CAP PROPERLY MARKED AND FOUND IN PLACE FOR THE CENTER SOUTH 1/16 CORNER OF SAID SECTION 10 (BEING THE SAME AS THE S.E. CORNER OF SAID LOT 18). THENCE NORTH 8316'44" WEST ALONG THE SOUTH LINE OF SAID LOT 18, 588.45 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG SAID SOUTH LINE OF LOT 18, 319.25 FEET; THENCE LEAVING SAID SOUTH LINE NORTH 13'42'20" WEST 94.16 FEET TO THE NORTH LINE OF SAID LOT 18; THENCE ALONG SAID NORTH LINE NORTH 70'02'42" EAST 10.57 FEET; THENCE ALONG SAID NORTH LINE ALONG A CURVE TO THE RIGHT , HAVING A RADIUS OF 382.55 FEET AND A CENTRAL ANGLE OF 17'57'04", A DISTANCE OF 119.85 FEET; THENCE ALONG SAID NORTH LINE NORTH 87'59'46" EAST 173.04 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 13'42'20" EAST 165.96 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 10.840 ACRES, MORE OR LESS, HAVE CAUSED THE DESCRIBED REAL PROPERTY TO BE SURVEYED, LAID OUT, PLATTED AND SUBDIVIDED INTO LOTS AND BLOCKS AS SHOWN ON THIS PLAT UNDER THE NAME AND STYLE OF VELASQUEZ MINOR SUBDIVISION, A SUBDIVISION IN COUNTY OF GARFIELD. THE OWNER(S) DO) HEREBY 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 DEDICATE(S) 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 DRAINAGE 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 LINES. SUCH EASEMENT AND RIGHTS SHALL BE UTILIZED IN A REASONABLE AND PRUDENT MANNER. ALL EXPENSE FOR STREET PAVING OR IMPROVEMENTS SHALL BE FURNISHED BY THE SELLER OR PURCHASER, NOT BY THE COUNTY OF GARFIELD. EXECUTED THIS DAY OF , A D , 2017. OWNER ADDRESS: TINA AND ROBERT CLAY VELASQUEZ 3064 COUNTY ROAD 113 CARBONDALE, CO 81623 TINA VELASQUEZ ROBERT CLAY VELASQUEZ ROBERT BEASELY IDA BEASELY STATE OF COLORADO ) : SS COUNTY OF GARFIELD ) ROBERT AND IDA BEASELY 3064 COUNTY RAOD 113 CARBONDALE, CO 81623 THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF A D , 2017, BY TINA AND ROBERT CLAY VELASQUEZ AND ROBERT AND IDA BEASLEY. MY COMMISSION EXPIRES. WITNESS MY HAND AND OFFICIAL SEAL. NOTARY PUBLIC PLAT NOTES 1.) BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF N13'42'20"W BETWEEN THE NORTHEAST CORNER OF PARCEL 1, BEING A SET N05 REBAR AND PLASTIC CAP LS38215 AND THE EAST ANGLE POINT OF PARCEL 1, BEING A FOUND REBAR AND ILLEGIBLE PLASTIC CAP AS SHOWN HEREON. 2.) DATE OF FIELD SURVEY: JUNE 22, 2016. 3.) LINEAR UNITS USED TO PERFORM THIS SURVEY WERE U.S. SURVEY FEET. 4.) THIS SURVEY IS BASED ON RECEPTION NO. 394389 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE AND CORNERS FOUND IN PLACE AS SHOWN. 5.) THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS AND EASEMENTS OF RECORD OR IN PLACE AND EXCEPTIONS TO TITLE SHOWN IN THE TITLE COMMITMENT PREPARED BY LAND 11TLE GUARANTEE COMPANY, ISSUE DATE JUNE 13, 2016 (ORDER NUMBER CW63010879). 6.) FLOOD PLAIN BOUNDARY SHOWN HEREON WERE TAKEN FROM FEMA FIRM MAP COMMUNITY PANEL NO. 080205 1470 B DATED JANUARY 3, 1986. 7.) ELEVATIONS SHOWN HEREON ARE BASED ON NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88) DERIVED FROM AN NGS OPUS SOLUTION BASED ON GPS MEASUREMENTS TAKEN ON JUNE 22, 2016. 8.) OWNER OF RECORD: 11NA KIM VELASQUEZ AND ROBERT CLAY VELASQUEZ AND ROBERT LEE BEASLEY AND IDA MAY BEASLEY 3064 COUNTY ROAD 113, CARBONDALE, CO 81623 9.) NO NEW CONSTRUCTION OR BUILDINGS SHALL OCCUR WITHIN THE CATTLE CREEK 100 YEAR FLOODPLAIN OR FLOODWAY. 10.) ALL AREAS DISTURBED DURING CONSTRUCTION OF UTILITIES OR WATER LINE INSTALLATION SHALL BE REVEGETATED WITH RIVENDELL'S NATIVE LOW GROW MIX, SEEDING RATE: 1/2 LB. PER 1,000 SQ.FT. 11.) CONTROL OF NOXIOUS WEEDS IS THE RESPONSIBILITY OF THE PROPERTY OWNERS. 12.) NO OPEN HEARTH SOLID -FUEL FIREPLACES WILL BE ALLOWED ANYWHERE WITHIN THE SUBDIVISION. ONE (1) 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. 13.) ALL EXTERIOR LIGHTING WILL BE THE MINIMUM AMOUNT NECESSARY AND ALL EXTERIOR LIGHTING WILL 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. 14.) COLORADO IS A "RIGHT -TO -FARM" STATE PURSUANT TO C.R.S. 35-3-101, ET SEQ. LANDOWNERS, RESIDENTS AND VISITORS MUST BE PREPARED TO ACCEPT THE ACTIVITIES, SIGHTS, SOUNDS AND SMELLS OF GARFIELD COUNTY'S AGRICULTURAL OPERATIONS AS A NORMAL AND NECESSARY ASPECT OF LIVING IN A COUNTY WITH A STRONG RURAL CHARACTER AND A HEALTHY RANCHING SECTOR. THOSE WITH AN URBAN SENSITIVITY MAY PERCEIVE SUCH ACTIVITIES, SIGHTS, SOUND, AND SMELLS ONLY AS INCONVENIENCE, EYESORE, NOISE AND ODOR. HOWEVER, STATE LAW AND COUNTY POLICY PROVIDE THAT RANCHING, FARMING AND OTHER AGRICULTURAL ACTIVITIES AND OPERATIONS WITHIN GARFIELD COUNTY SHALL NOT BE CONSIDERED TO BE A NUISANCE 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 A LEGAL AND NON -NEGLIGENT AGRICULTURAL OPERATIONS. 15.) ALL OWNERS OF LAND, WHETHER RANCH OR RESIDENCE, HAVE OBLIGATIONS UNDER STATE LAW AND COUNTY REGULATIONS WITH REGARD TO THE MAINTENANCE OF FENCES AND IRRIGATION DITCHES, CONTROLLING WEEDS, KEEPING LIVESTOCK AND PETS UNDER CONTROL, USING PROPERTY IN ACCORDANCE WITH ZONING, AND OTHER ASPECTS OF USING AND MAINTAINING PROPERTY. RESIDENTS AND LANDOWNERS ARE ENCOURAGED TO LEARN ABOUT THESE RIGHTS AND RESPONSIBILITIES AND ACT AS GOOD NEIGHBORS AND CITIZENS OF THE COUNTY. A GOOD INTRODUCTORY SOURCE FOR SUCH INFORMATION IS "A GUIDE TO RURAL LIVING & SMALL SCALE AGRICULTURE" PUT OUT BY THE COLORADO STATE UNIVERSITY EXTENSION OFFICE IN GARFIELD COUNTY. 16.) 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). 17.) DOGS KEPT ON THE PROPERTY SHALL BE IN A FENCED YARD OR ON A LEASH TO PREVENT HARASSMENT OF WILDLIFE. 18.) FENCING ON THE PROPERTY SHALL COMPLY WITH THE COLORADO PARKS AND WILDLIFE SPECIFICATIONS FOR WILDLIFE -FRIENDLY FENCING. 19.) 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 OR PROPOSED 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. 20.) THE 30 FOOT WIDE ACCESS EASEMENT SHOWN HEREON IS A SHARED EASEMENT AND WAS CREATED TO PROVIDE ACCESS ACROSS LOT 1 FOR LOT 2 AND IS FOR THE BENEFIT OF LOT 2 AND IS SUBJECT TO A DRIVEWAY SHARING AGREEMENT AS NOTED HEREON. 21.) THE WATER TANK EASEMENT AND WATERLINE EASEMENTS SHOWN HEREON IS A SHARED WATER SYSTEM AND PROVIDES WATER TO EACH LOT FROM A SHARED WELL SHOWN HERE AND IS SUBJECT TO A WELL SHARING AGREEMENT AS NOTED HEREON. 22.) THESE LOTS ARE SUBJECT TO DRIVEWAY SHARING AGREEMENT RECORDED AS RECEPTION NO 23.) THESE LOTS ARE SUBJECT TO A WELL SHARING AGREEMENT RECORDED AS RECEPTION NO 24.) THESE LOTS ARE SUBJECT TO AN IMPROVEMENTS AGREEMENT RECORDED AS RECEPTION NO 25.) THE SHAEFFER DITCH IS OWNED BY THE SHAEFFER DITCH COMPANY IS SUBJECT TO WATER & DITCH RIGHTS AND EASEMENTS. 26.) PROFESSIONALLY ENGINEERED DEBRIS FLOW MITIGATION, DRAINAGE CONTROL, AND EROSION CONTROL PLANS WILL BE INCLUDED AS PART OF A BUILDING PERMIT APPLICATION FOR ANY NEW RESIDENTIAL CONSTRUCTION OF LOTS 1 AND 2. COUNTY COMMISIONERS' CERTIFICATE BASED UPON THE REVIEW AND RECOMMENDATION OF THE 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., 2017, 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 PROVISION 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 SEPARATE 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 SURVEYOR'S CERTIFICATE I, RODNEY P. KISER, 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, VELASQUEZ MINOR SUBDIVISION 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 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 2017. RODNEY P. KISER, PLS NO. 38215 COLORADO PROFESSIONAL SURVEYOR CLERK AND RECORDER'S CERTIFICATE THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO, AT O'CLOCK , ON THIS DAY OF , 2017, AND IS DULY RECORDED AS RECEPTION NO. CLERK AND RECORDER BY: DEPUTY NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL AC11ON BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY AC11ON BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. z PO h U« co E0 00 N z0 N 02 =ice 0 JZCO d' 0 U OR 534-06700 IN METRO DENVER w U yUW Z ▪ c O r aciDza/Lt cm2m a0,-w� ❑-Iw w00Z Doctfl 03O<0 Q▪ mX� Z U D NO. DATE REVISION BY J >- m z CHECKED BY: N cb 0 W J L U V z Et" W W z z Lid re 1 z O U j1 Z 0) N O CD q' SCO I- 0 1` NUS gu4 ll" WCZto U) 02 -'0° CO N�O zr et w- W Z 0a 0 w O MCe O o O 0 Z� J O Q J 6f Z wd mZ co 0 � U 'd' --I Mp i� IL fx rict PROJECT NO. 2161703 'I OF 2 VELASQUEZ MINOR SUBDIVISION A PARCEL OF LAND SITUATED WITHIN LOT 'I 4 AND A PORTION OF LOT 18 OF SECTION 10, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO SHAEFFER DITC FLUME trafP- 0 — — —6340- - - N 88°00' 21"E . 100.74' lig ,' fi`�WI.DI<SHAEFFER 25' WIDE UTILITY i DITCH EASE7vIEN-T EASEMENT FOR THE — BENEFIT OF LOT 1 o\tom S22°23'23"E �s\s 5.92' \sem 0 =66°40'56" R =25.00' L =29.10' CB=S55°43'51 "E C =27.48' •\ �• \ N90°00'00"E S89'04'19"E 65.21' 0 - • -6335- PROPOSED A.GCFSS 10 _ 30' WIDE goo' r�--6330' LOT 1. %SqSS EASEMENT x \ DRIVEWAY SHARING AGREEMENT RECEPTION NO. N •\\\\- 2i \ 8"CPP x x . �x x BUILDING ENVELOPE BUILDING ENVELOPE A =06'22'53" R =106.46' L =11.86' \ CB=S83'26'S1 "E \ C = 11 /\ _ 1 43c- f� 6330 _ _/• • r • • EXISTING SEPTIC FIELD LOT 2 PER PERMIT DRAWINGS • • —6325— --3\ • w / SITE BENCHMARK REBAR & PLASTIC CAP LS3317 EL: 6324.00 i + • 1 - 1, W L01t1 232,935 SF +/ 45.35_ 14/4 � 0 .0, /C4 4Tcy _ — �1 WATER TANK EASEMENT EXISTING 15,000 GALLON WATER MITIGATION TANK LID. \ \ • i 72 / NOTICE: 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 CERTIFICATION SHOWN HEREON. _6305_ i 7 7 7 i 1,,/ 1 r 7/ • i 1 1 1 r (7\ / 1111" \ N90°00'00"E 86.842, 6320 • • • / N X \ GRAVEL DRIVEWAY • 2 STORY WOOD SIDE HOUSE WITH BASEMENT EXISTING 1,500 ALLON SEPTIC • TANK. 00 E N ( / BRIDGE \ __ X, , _, , # , ___. , ,, k. , , , , # , , ,.., , , ,,,, , , , , , , , , , x x \,......, + „., „ , , , , ,,,,,,,i, , CONCRETE PATIO VVITH OVERHANG 10' WIDE WATER LINE EASEMENT EXISTING WELL RECEPTION NO. e / / / / / / 1 i____/ / — :,' ; ,r V77A577////71; r7-_-_1 • 1 1 • • • 2,39 1 27 c)S r IF (5.72t-9 Ac., -4/ , 7 ,.., ...... 7 1 DETAIL SHEET 20 GRAPHIC SCALE 0 10 20 40 80 1 inch = 20 ft. LEGEND 0 SANITARY MANHOLE WELL (Th UTILITY POLE/POWER POLE OE OVERHEAD POWER LINE 1-0 LI 0 =ice 0 Cp OR 534.06700 IN METRO DENVER w 01-2 o NO. DATE REVISION BY CHECKED BY: 0 cb 0 0 CI 44 g 0- ' c yi 2 w> Dm 8 t• z Z i x I toil IL 15 CI Et PROJECT NO. 2161703 RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: VELASQUEZ MINOR SUBDIVISION DRIVEWAY SHARING AGREEMENT THIS AGREEMENT is made and entered into this day of , 2017, by and between KIM & ROBERT CLAY VELASQUEZ & ROBERT LEE & IDA MAE BEASLEY(Owners), having an address of 3064 County Road 113 in Garfield County. WITNESSETH: WHEREAS, KIM & ROBERT CLAY VELASQUEZ & ROBERT LEE & IDA MAE BEASLEY are the owners of certain property and a development to be commonly known as the Velasquez Minor Subdivision (the "Development"); WHEREAS, a driveway (hereinafter "Driveway") has been constructed within an access easement on Lot 1 to serve Lot 2; and WHEREAS, the parties by this Agreement desire to set forth their understanding concerning the future ownership, maintenance, operation, repair, replacement, and use of the Driveway and appurtenant facilities, and related matters. WHEREAS, The undersigned, being the owners of Lot 1 and Lot 2, according to the Velasquez Minor Subdivision Plat recorded in Book at Page of the real estate records of Garfield County, Colorado (the "Plat"), do hereby publish and declare that the following shall be a covenant that runs with the title to Lot 1 and Lot 2, shall be a burden thereupon and upon the owners at any time thereof and their respective successors, assigns and grantees for the benefit any party acquiring any manner of record interest in said Lot 1 or Lot 2: 1. Maintenance of Driveway. Unless otherwise agreed by the parties, the Lot 2 Owner shall maintain the driveway within the Lot 1 access easement for Lot 2 access as shown on the Plat. The Driveway shall be maintained in good repair on a year-round basis, including, but not limited to snow removal and repair of erosion (the "Maintenance"); provided, however, that the Lot 2 Owner shall not incur Maintenance expenses, which in any calendar year exceed $ 1,000.00 in the aggregate, or which exceed $300.00 for any single item, without obtaining the prior written consent of the Lot 1 Owner, which consent shall not be unreasonably withheld or delayed. If the Lot 1 Owner does not respond within ten (10) calendar days following receipt of a written request from the Lot 2 Owner for consent to an expenditure that exceeds these limits, the Lot 1 Owner shall be deemed to have consented thereto. The Lot 1 Owner shall reimburse the Lot 2 Owner for one-half (1/2) of the cost of the Maintenance within thirty (30) days of receiving a statement therefore from the Lot 2 Owner. Notwithstanding any other provision hereof, should the Driveway be damaged (other than ordinary wear and tear) which damage is attributable to either the Lot 1 Owner or the Lot 2 Owner, such as by the use thereof by heavy construction equipment, then the party responsible for such damage, shall, at its sole expense, promptly repair all such damage. 2. Indemnification and Insurance. The Lot 2 Owner shall at all times remain solely responsible for and shall indemnify, defend and hold harmless the Lot 1 Owner from and against any and all injuries, demands, damages to persons or property losses or judgments arising from use of the Driveway by the Lot 2 Owner and its invitees and guests. The Lot 1 Owner shall at all times remain solely responsible for and shall indemnify, defend and hold harmless the Lot 2 Owner from and against any and all injuries, demands, damages to persons or property losses or judgments arising from use of the Driveway by the Lot 1 Owner and its invitees and guests. Each of the Lot 2 Owner and the Lot 1 Owner shall obtain and maintain property and liability insurance insuring against such injuries, demands, damages to persons or property, losses or judgments in an amount equal to at least $500,000.00 per occurrence. Such insurance shall name the other party as an additional insured. Upon request, either party shall provide the other with proof of such insurance coverage. Such insurance shall provide that it may not be canceled for any reason as it affects the other party without at least thirty (30) days' prior written notice to such other party. 3. Defaults. Unless otherwise provided herein, in the event that either party hereto breaches any provision contained herein (the "Defaulting Party"), the other party (the "Nondefaulting Party") shall be entitled to give written notice of default to the Defaulting Party and shall provide a fifteen (15) day opportunity to cure the specified default. In the event that the default is not cured within such period of time, the Nondefaulting Party shall have the right, at its option, to cure such default and shall have the right to be reimbursed by the Defaulting Party for any reasonable costs it incurs in curing such default. Any reimbursement payments not paid within thirty (30) days after the Defaulting Party has received an itemized statement of such costs from the Nondefaulting Party, shall bear interest at one and one-half (V/2%) percent per month. In addition, the Nondefaulting Party shall have the right to place a lien on the property owned by the Defaulting Party for any amounts due under this Agreement that remain unpaid for a period of more than thirty (30) days after the Defaulting Party has received an itemized statement of such costs. 4. Notice. All notices required in connection with this Covenant shall either be (i) hand delivered; (ii) given by certified mail directed to the mailing address of the Lot 1 Owner or Lot 2 Owner, as the case may be; (iii) given by overnight courier directed to the mailing address of the Lot 1 Owner or Lot 2 Owner, as the case may be; or (iv) by facsimile transmission to the facsimile number of the Lot 1 Owner or Lot 2 Owner, as the case may be. All notices so given shall be considered effective (i) if hand -delivered, when received; (ii) if by certified mail, seven (7) days after deposit; certified mail postage prepaid, with the United States Postal Service; (iii) if by overnight courier, one (1) day after deposit with the overnight courier company; or (iv) if by facsimile transmission, upon receipt by the sending party of a machine -generated confirmation of a complete transmission of all pages. 5. Attorneys' Fees. In the event of any action for breach of, to enforce the provisions of, or otherwise involving this Covenant, the court in such action shall award a reasonable sum as attorneys' fees to the party who, in light of the issues litigated and the court's decision on those issued, was the prevailing party in the action. If a party voluntarily dismisses an action, a reasonable sum as attorneys' fees shall be awarded to the other party. In Witness Whereof, this Covenant has been entered into, published and declared to be a burden and a benefit, and to run with the land in perpetuity with the title to the properties above-described as of this day of , 2017. By: KIM VELASQUEZ By: ROBERT CLAY VELASQUEZ By: ROBERT LEE BEASLEY By: IDA MAE BEASLEY STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) The foregoing Covenant was acknowledged before me this this day of , 2017 by WITNESS my hand and official seal. My commission expires: Notary Public RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: VELASQUEZ MINOR SUBDIVISION WELL SHARING AGREEMENT THIS AGREEMENT is made and entered into this day of , 2017, by and between KIM & ROBERT CLAY VELASQUEZ & ROBERT LEE & IDA MAE BEASLEY (Owners), having an address of 3064 County Road 113 in Garfield County. WITNESSETH: WHEREAS, KIM & ROBERT CLAY VELASQUEZ & ROBERT LEE & IDA MAE BEASLEY are the owners of certain property and a development to be commonly known as the Velasquez Minor Subdivision (the "Development"); WHEREAS, the Development consists of Lot 1 and Lot 2 as described on the VELASQUEZ MINOR SUBDIVISION PLAT (Plat) recorded as Reception No. WHEREAS, a water well (hereinafter "Well") has been constructed on Lot 2, and operates pursuant to Colorado Division of Water Resources Well Permit No. , which provides up to 15 gallons per minute of water for fire protection, and domestic use within two homes, the irrigation of up to 21,000 square feet of lawn and for filling of the Velasquez/Beasley Augmentation Tank. WHEREAS the augmentation tank located on Lot 1 can be used by Lot 1 and Lot 2 for augmentation of irrigation, domestic, and fire protection uses from the Well as stated in Case No. 08CW40, District Court, Water Division 5, Colorado. WHEREAS, the owners of Lot 2 each own an undivided 1/2 interest in the Well, the well permit, the pump and any appurtenant facilities; and WHEREAS, the owners of Lot Lown a non-exclusive easement as shown on the Plat recorded as Reception No. for water and power conveyance from the Well to the boundary of Lot 1 and Lot 2; and WHEREAS, the owners of Lot 2 own a non-exclusive water tank easement as shown on the Plat recorded as Reception No. for access to the water tank on Lot 1; and WHEREAS, the parties by this Agreement desire to set forth their understanding concerning the future ownership, maintenance, operation, repair, replacement, and use of the Well and appurtenant facilities, and related matters. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the adequacy and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Ownership of Appurtenant Facilities. The owners of Lot 1 and Lot 2 shall each own an undivided one-half interest in and to the Well, well permit, pump, meter, and associated facilities for the withdrawal of water located at the Well. Each party shall be the sole owner of any facilities used solely by that party, including individual service lines and storage tanks. 2. Operation, Maintenance and Repair Costs. All operation, maintenance, replacement and repair costs associated with the Well, the pump, water tank, meter and associated facilities for the withdrawal of water from the Well shall be shared equally between the owners of Lot 1 and Lot 2. The owners of Lot 1 and Lot 2 shall be solely responsible for the costs of maintenance, operation, repair, and replacement of any facilities used solely by that party, including individual service lines and storage tanks. Said owners agree to cooperate to enter into mutual agreements for the completion and payment of the costs of any maintenance, operation, repair, replacement, or improvement of common facilities. In the event the owners are unable to agree upon any required maintenance, repair, replacement, or improvement, either party shall be entitled to undertake the minimal maintenance, repair, replacement or improvement necessary and essential for proper functioning of the common facilities. In the event one owner determines to undertake such work, it shall notify the other owners in writing. The owner undertaking the work shall upon completion provide the other owners with a written statement of the work performed and the other owners' proportionate share of the costs. 3. Payment of Common Expenses. Each owner shall pay its proportionate share of common expenses within 30 days from the time a statement of expenses is presented for payment. In the event an owner fails to pay its share within 60 days of presentment, interest on the unpaid amount shall accrue at 10 percent per annum, beginning 60 days from presentment. In the event a party fails to pay any amounts due with interest thereon, within six months from the date of presentment for payment, the owner which has paid such costs and expenses shall be entitled to pursue any remedy available at law or in equity for a breach of this Agreement, and shall be entitled to reasonable attorneys' fees actually incurred to obtain and execute upon a judgment for collection. 4. Use of Water. Each owner shall be entitled to use water from the Well for any use authorized by the well permit. All such uses shall be made in accordance with the terms and conditions of the well permit. Each owner shall be entitled to use so much of the water from the Well as that party needs so long as diversions from the Well at no time exceed 15 gallons per minute. However, in the event that the well does not provide 15 g.p.m., each owner shall be entitled to a pro -rata share of the available water. 5. Waste. No owner shall waste water, and each owner shall exercise prudence and conservation in the use of water in order to allow for the efficient and beneficial use of the Well. 6. Fees. Each party shall also bear its own attorney's fees incurred in the implementation of this Agreement. However, in the event litigation is necessary to enforce the rights of the parties hereto, as between themselves, the prevailing party in such litigation shall be entitled to reasonable attorneys' fees and costs of suit actually incurred. 7. Binding Effect; Covenant to Run with Land. This Agreement shall inure to the benefit of and be binding upon the owners of Lot 1 and Lot 2, their heirs, devisees, executors, administrators, assignees, transferees, and successors in interest. Upon execution by the parties, this Agreement shall be recorded in the records of the Garfield County Clerk and Recorder's Office, and shall run with the lands upon which water from the Well is used. 8. Complete Agreement. This document embodies the entire and complete agreement of the parties on the subject matter herein. No promise or undertaking has been made by any party, and no understanding exists with respect to the transaction contemplated, except as expressly set forth herein. All prior and contemporaneous negotiations and understandings between the parties are integrated and merged into this Agreement. 9. Amendment. This Agreement may be amended from time to time by a written instrument executed by all owners of interests in the Well. In Witness Whereof, this Covenant has been entered into, published and declared to be a burden and a benefit, and to run with the land in perpetuity with the title to the properties above-described as of this day of , 2017. By: KIM VELASQUEZ By: ROBERT CLAY VELASQUEZ By: ROBERT LEE BEASLEY By: IDA MAE BEASLEY STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing Covenant was acknowledged before me this this day of , 2017 by WITNESS my hand and official seal. My commission expires: Notary Public RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: VELASQUEZ MINOR SUBDIVISION IMPROVEMENTS AGREEMENT THIS IMPROVEMENTS AGREEMENT, ("Agreement") is made and entered into this day of , 2017, by and between KIM & ROBERT CLAY VELASQUEZ &ROBERT LEE & IDA MAE BEASLEY (Owners), having an address of 3064 County Road 113 in Garfield County, and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, acting for the County of Garfield, State of Colorado, as a body politic and corporate, directly or through its authorized representatives and agents ("BOCC"). WHEREAS: A. KIM & ROBERT CLAY VELASQUEZ & ROBERT LEE & IDA MAE BEASLEY are the owners of property and a development to be commonly known as the Velasquez Minor Subdivision (the "Development"); B. The Development is depicted on a plat entitled Velasquez Minor Subdivision Plat ("Plat") recorded as Reception No. C. The plan for the Development, as depicted on the Plat, includes, two (2) single- family residential lots identified as Lots 1-2 on the Plat; D. KIM & ROBERT CLAY VELASQUEZ & ROBERT LEE & IDA MAE BEASLEY, are the current owners of Lots 1-2 ("Owners"); E. The Owners have agreed to certain restrictions and conditions regarding the sale of certain properties and issuance of certain Building Permits to secure and guarantee Owners' performance under this Agreement; F. The Owners seek approval by the BOCC of the Development plan and Plat pursuant to the Land Use Regulations of Garfield County; G. The Owners represent that at the time of recording this Agreement all taxes and assessments upon all parcels of real estate described in this Agreement are paid in full. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. DEVELOPMENT PLAN. The Development shall consist of two single-family residential lots, identified as Lots 1 &2 on the Plat (collectively, "Lots"). 2. IMPROVEMENTS. The Owners agree to cause to be constructed and installed all development improvements contained in section 4 "Water Supply" and as shown on the Water System Construction Plan attached herein as Exhibit B. No such Improvements shall be constructed until such time as they are identified on the plans marked "Approved for Construction", prepared by a qualified engineer. Lots 1 and 2 shall not be sold until the Improvements are constructed and installed to the satisfaction of the County. The Improvements shall be constructed and installed at the Owners' expense, including payment of fees required by the County and/or other governmental and quasi -governmental entities with jurisdiction. Any disturbance from installation of improvements shall be revegetated as noted in Plat note #10. An estimate for the cost of construction of the Improvements prepared by High Country Engineering has been attached to and incorporated herein as Exhibit A ("Engineers Estimate of Probable Public Costs"). The Owners shall comply with all laws, regulations, orders, resolutions and requirements of the State of Colorado, Garfield County, all special districts and any other governmental or quasi -governmental authority with jurisdiction and this Agreement in the construction and installation of the Improvements. The BOCC agrees that if all Improvements are installed in accordance with this Agreement and all other requirements of this Agreement have been met; then the Owners shall be deemed to have satisfied all terms and conditions of the Approval and the Plat Documents with respect to the installation of Improvements. 3. SECURITY FOR SUBDIVISION IMPROVEMENTS. a. Subdivision Improvements Letter of Credit and Substitute Collateral. As security for Owner's obligation to complete the Subdivision Improvements, Owner shall deliver to the BOCC, on or before the date of recording of the Final Plat of the Subdivision, a Letter of Credit in the form agreed to be acceptable to the BOCC, attached to and incorporated in this SIA by reference as Exhibit C (LOC) or in a form consistent with the Uniform Commercial Code, C.R.S. § 4-1-101, et seq. and approved by the BOCC. The LOC shall be in the amount of $( full estimate ), representing the full estimated cost of completing the Subdivision Improvements, with a sufficient contingency to cover cost changes, unforeseen costs and other variables (not less than 10% of the estimated cost and as approved by the BOCC), [minus $(cost of completed improvements), the cost of Subdivision Improvements already completed as of the date of execution of this SIA, i.e. $(reduced amount), as set forth and certified by Owner's Engineer on Exhibit A , to guarantee completion of the Subdivision Improvements. The LOC shall be valid for a minimum of six (6) months beyond the Completion Date for the Subdivision Improvements set forth above. The BOCC, at its sole option, may permit the Owner to substitute collateral other than a Letter of Credit, in a form acceptable to the BOCC, for the purpose of securing the completion of the Subdivision Improvements. b. Final Release of Security. Upon completion of all Subdivision Improvements, Owner shall submit to the BOCC, through the Community Development Department: i. Record drawings bearing the stamp of Owner's Engineer certifying that all Subdivision Improvements have been constructed in accordance with the requirements of this SIA, including all Final Plat Documents and the Preliminary Plan Approval, in hard copy and digital format acceptable to the BOCC; ii. Copies of instruments conveying real property and other interests which Owner is obligated to convey to the Homeowner's Association of the Subdivision at the time of Final Plat Approval; and iii. Written Request for Final Release of LOC, along with Owner's Engineer's stamp and certificate of final completion of improvements. c. The BOCC shall authorize a final release of the LOC after the Subdivision Improvements are certified as final to the BOCC by the Owner's Engineer and said final certification is approved by the BOCC. If the BOCC finds that the Subdivision Improvements are complete, in accordance with the relevant specifications, the BOCC shall authorize release of the final amount of security, within ten (10) business days following submission of the Owner's Written Request for Final Release of LOC accompanied by the other documents required by this paragraph 3.h. d. Notwithstanding the foregoing, upon Owner's Written Request for Final Release of LOC, accompanied by Owner's Engineer's certificate of final completion of improvements, the BOCC may inspect and review the Subdivision Improvements certified as complete. If the BOCC does so review and inspect, the process contained above, shall be followed. e. If the BOCC finds that the Subdivision Improvements are complete, in accordance with the relevant specifications, the BOCC shall authorize final release of security within ten (10) days after completion of such investigation. f. If the BOCC finds that the Subdivision Improvements are not complete, in accordance with the relevant specifications, the BOCC may complete remaining Subdivision Improvements, or institute court action in accordance with the process outlined above. 4. WATER SUPPLY. The Owners shall install and connect a water distribution system for potable water in accordance with this Agreement and the Improvements Plans dated , 2017, by High Country Engineering and that are on record at the Department of Building and Planning. All easements and rights-of-way necessary for installation, operation, service and maintenance of such water supply and distribution system shall be as shown on the Plat, and said easements and rights-of-way conveyed to the appropriate homeowners' association at the time of recording the Plat. 5. UTILITY EASEMENTS. The Development shall contain rights-of-way for installation and maintenance of utilities. Utility easements shall be dedicated by the Owner and accepted by the appropriate homeowners' association of the Development, on behalf of the association's members, on the face of the Plat and shall be identified in deeds conveying private roads to the appropriate homeowners' association. The grantee homeowners' association of the Development shall be solely responsible for the maintenance, repair and upkeep of said utility easements, unless otherwise agreed to with the utility companies. The BOCC shall not be obligated for the maintenance, repair and upkeep of any utility easements within the Development. In the event a utility company, whether publicly or privately owned, requires separate conveyance by deed or otherwise, the Owners shall also convey utility easements by separate document to be recorded with the Plat. 6. AS BUILT/RECORD DRAWINGS. Upon completion of the water supply infrastructure, the Owners shall provide as built/record drawings to Garfield County in hardcopy and digital format. 7. ROAD IMPACT FEE. Pursuant to the Garfield County subdivision regulations, a Road Impact fee of ($ ) has been established for the residential units within the Subdivision. Owner shall pay fifty percent (50%), i.e., ($ ) of the Road Impact Fee to the Garfield County Treasurer at or prior to the time of recording of the Final Plat. The remaining 50%, i.e., ($ ), will be collected pro rata (i.e. $ ) from the lot owner at the time a building permit issues for a residence within the Subdivision. 8. FEES IN LIEU OF DEDICATION OF SCHOOL LAND. Owner shall make a cash deposit in lieu of dedicating land to the RE -1 School District, calculated in accordance with the LUDC and the requirements of state law. The Owner and the BOCC acknowledge and agree that the cash in lieu payment for the Subdivision is calculated as follows: Unimproved per acre market value of land, based upon an appraisal submitted to the BOCC by Owner of $25,727.00; multiplied by the Land dedication standard of .02; x 1 single-family dwelling unit, also shown as $25,727.00 x .02 x 1 = $515.00. The Owner, therefore, shall pay to the Garfield County Treasurer, at or prior to the time of recording of the Final Plat, $515.00 as a payment in lieu of dedication of land to the RE -1 School District. Said fee shall be transferred by the BOCC to the school district in accordance with the provisions of 30-28-133, C.R.S., as amended, and the LUDC. The Owner agrees that it is obligated to pay the above -stated fee, accepts such obligations, and waives any claim that Owner is not required to pay the cash in lieu of land dedication fee. The Owner agrees that Owner will not claim, nor is Owner entitled to claim, subsequent to recording of the Final Plat of the Subdivision, a reimbursement of the fee in lieu of land dedication to the RE -1 School District. 9. INDEMNITY. The Owners shall indemnify and hold the BOCC harmless and defend the BOCC from all claims which may arise as a result of the Development's installation of the Improvements and any other agreement or obligation of the Owners related to the Development required pursuant to this Agreement. The Owners, however, do not indemnify the BOCC for claims made asserting that the standards imposed by the BOCC are improper or the cause of the injury asserted, or from claims which may arise from the negligent acts or omissions of the BOCC or its employees. The BOCC shall be required to notify the Owners of the BOCC's receipt of a notice of claim or a notice of intent to sue, and the BOCC shall afford the Owners the option of defending any such claim or action. Failure to notify and provide such written option to the Owners shall extinguish the BOCC's rights under this paragraph. Nothing in this paragraph shall be construed to constitute a waiver of the Sovereign Immunity granted to the BOCC by Colorado statutes and case law. 9. SALE OF LOTS. No Lot may be separately conveyed prior to recording of the Final Plat in the records of the Garfield County Clerk and Recorder 10. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As one remedy for breach of this SIA, the BOCC may withhold issuance of building permits for any residence or other habitable structure to be constructed within the Subdivision. Further, no building permit shall be issued unless the Owner demonstrates to the satisfaction of the Carbondale & Rural Fire Protection District, if the Fire District has so required, that there is adequate water available to the construction site for the District's purposes [and all applicable District fees have been paid to the District]. No certificates of occupancy shall issue for any habitable building or structure, including residences, within the Subdivision until all Subdivision Improvements have been completed and are operational as required by this SIA. 11. ENFORCEMENT. In addition to any rights which may be provided by Colorado statute and the provisions for release of security, it is mutually agreed by the BOCC and the Owners without making an election of remedies, or any purchaser of any lot within the Development shall have the authority to bring an action in the Garfield County District Court to compel enforcement of this Agreement. Nothing in this Agreement, however, shall be interpreted to require the BOCC to bring an action for enforcement or to withhold permits or certificates. Nor shall this paragraph or any other provision of this Agreement be interpreted to permit the purchaser of a lot to file an action against the BOCC. 12. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with the terms of this SIA, the BOCC shall have the ability to vacate the Final Plat as it pertains to any lots for which building permits have not been issued. As to lots for which building permits have been issued, the Plat shall not be vacated and shall remain valid. In such event, the Owner shall provide the BOCC a plat, suitable for recording, showing the location by surveyed legal description of any portion of the Final Plat so vacated by action of the BOCC. If such a Plat is not signed by the BOCC and recorded, or if such Plat is not provided by the Owner, the BOCC may vacate the Final Plat, or portions thereof, by resolution. 13. NOTICE BY RECORDATION. This Agreement shall be recorded in the Office of the Garfield County Clerk and Recorder and shall be a covenant running with title to all lots, tracts, and parcels within the Development. Such recording shall constitute notice to prospective purchasers or other interested parties as to the terms and provisions thereof. 14. SUCCESSORS AND ASSIGNS. The obligations and rights contained herein shall be binding upon and inure to the benefit of the successors and assigns of the Owners and the BOCC. 15. IDENTIFICATION OF CONTRACT ADMINISTRATORS AND NOTICE PROVISIONS. All notices required or permitted by this Agreement shall be in writing and shall be deemed effective when received by the recipient party via personal or messenger service delivery, facsimile transmission or United States certified mail (postage prepaid, return receipt requested), in all cases addressed to the person for whom it is intended at the address or facsimile number set forth below: OWNERS: KIM & ROBERT CLAY VELASQUEZ & ROBERT LEE & IDA MAE BEASLEY BOCC: Board of County Commissioners of Garfield County, Colorado 108 Eighth Street, Room 401 Glenwood Springs, CO 81601 Phone: (970) 945-8212 Fax: (970) 384-3470 15. AMENDMENT. This Agreement may be modified from time to time, but only in writing signed by the parties hereto, as their interests then appear. The parties, however, may change the identification of notice recipients and contract administrators and the contact information, provided in Paragraph 14 above, in accordance with the notice provisions and without formal amendment of this Agreement. 16. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which, when taken together, shall be deemed one and the same instrument. 17. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of or related to this Agreement shall lie with the District Court of Garfield County, Colorado, and this Agreement shall be construed according to the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have signed this Agreement to be effective upon the date of recordation of this agreement and the Final Plat for the Development. BOARD OF COUNTY COMMISSIONERS ATTEST: OF GARFIELD COUNTY, COLORADO By: Clerk DATE: KIM & ROBERT CLAY VELASQUEZ, ROBERT LEE & IDA MAE BEASLEY By: KIM VELASQUEZ By: ROBERT CLAY VELASQUEZ By:_ ROBERT LEE BEASLEY By: IDA MAE BEASLEY STATE OF COLORADO ) ss. COUNTY OF GARFIELD The foregoing Covenant was acknowledged before me this this day of , 2017, by WITNESS my hand and official seal. My commission expires: Notary Public CIVIL ENGINEERING EXHIBIT A An Employe -Owned Company LAND SURVEYING ENGINEERS ESTIMATE OF PROBABLE PUBLIC COSTS Date: 11-10-16 RE: Velasquez Water System Estimated improvements include: Well pump and well pipe - $3000 Purecore piping from well house and tank 140' $30/ft. - $4200 Electrical work from house to well pump - $500 Pressure tank and switch in house - $1500 Total Estimated Cost of improvements: $9,200 Prepared by Roger Neal, PE 1517 BLAKE AVENUE, SUITE 101 GLENWOOD SPRINGS, CO 81 601 970-945-8676 • PHONE 970-945-2555 • FAX W W W.HCENG.COM EXHIBIT B 7 71 \ m X z o , NrN 11 \ O '‘`LI‘` ..I I N. N Z \o 717 O 0 r efoo A A / A �D~ O �/ (Uyf\\\\/X -- 1 / --- y q 1 1 1 I 0_ I 0 e1 F J / KIM ASPUEZ CARBONDALE. COLORADO MINOR SUBDIVISION WATER SYSTEM GARFIELD COUNTY, COLORADO HIGH COUNTRY ENGINEERING, INC�n�ea SYSTEM aevlyINO. DATE PHONE IB]OISa8557e,FAX 18l0I'8453858 illl W W W.HCENG.COM REVISION BY u,xorncxcP me ouunt EXHIBIT C IRREVOCABLE STANDBY LETTER OF CREDIT Reference #: Amount: Date of Issue: Expiration Date: BENEFICIARY: Board of County Commissioners of Garfield County ("Beneficiary" or "BOCC") 108 8th Street, Suite 213 Glenwood Springs, CO 81601 ACCOUNT PARTY/Applicant: KIM & ROBERT CLAY VELASQUEZ ROBERT & IDA MAE BEASLEY Establishment/Face Amount/Purpose/Expiration Date/Transferability We hereby establish/issue/open, at the request of the Applicant/Account Party, Irrevocable Standby Letter of Credit No. in an amount not to exceed Nine Thousand Two Hundred Dollars ($9,200). The purpose of this letter is to secure the Applicant/Account Party's performance of and compliance with the agreement between Applicant/Account Party and Beneficiary, dated and titled Subdivision Improvements Agreement. This Letter of Credit expires at Bank, at p.m. Mountain Standard Time on , 201_ This letter is not transferable. Conditions for Payment to Beneficiary Drafts submitted by Beneficiary must be accompanied by the following documents: 1. Beneficiary's signed statement executed by the Chairman of the BOCC or the BOCC's authorized designee stating: , developer of Subdivision is in default of its obligations set forth in that certain Subdivision Improvements Agreement between and the BOCC, dated and recorded as Reception Number in Book at Page of the Real Estate Records of the Office of the Garfield County Clerk and Recorder. 2. The original Letter of Credit, endorsed on the reverse side with the words: "Drawn by the Board of County Commissioners of Garfield County, Colorado in the amount of $ ," manually signed by the Chairman or the BOCC's authorized representative. 3. Telefacsimile of the Draw Documents is acceptable to our Fax No. If presentation is made by fax, prompt phone notification must be given to (telephone no.), or (telephone no.). The fax presentation shall be deemed the original presentation. In the event of a full or final drawing the original standby Letter of Credit must be returned to bank by overnight courier at the time of fax presentation. Cancellation This Letter of Credit and amendments, if any, must be returned to us for cancellation by Applicant/Account party with a statement signed by the Beneficiary stating: "This Letter of Credit is no longer required by the BOCC and is hereby returned to the issuing bank for cancellation." Issuer's Undertaking We hereby agree to honor each draft drawn under and in compliance with the terms of this Letter of Credit if presented, together with the documents above specified, to (name) Bank, (street address) (city/town) , Colorado, on or before the date of expiration identified above. This letter is issued subject to the Uniform Customs and Practices for Documentary Credit ( Revision), International Chamber of Commerce Publication Number 600 and the Uniform Commercial Code at C.R.S., §4-1-101 et seq., as amended. The laws of the State of Colorado shall govern the validity, interpretation, performance and enforcement of this Letter of Credit, and mandatory exclusive venue for any judicial proceeding pertaining to this Letter of Credit shall be in a court of competent jurisdiction in Garfield County, Colorado. By Name Title Bank EXHIBIT D REQUEST FOR PARTIAL RELEASE OF LETTER OF CREDIT Board of County Commissioners Garfield County, Colorado c/o Director of Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: VELESQUEZ MINOR SUBDIVISION This request is written to formally notify the BOCC of work completed for Velasquez Minor Subdivision. As Owner [On behalf of the Owner], we request that the BOCC review the attached Engineer's Certificate of Partial Completion and approve a reduction in the face amount of the Letter of Credit in the amount of $ , to a reduced face amount of $ Attached is the certified original cost estimate and work completed schedule, showing: Engineers Cost Estimate Work Completed, less 10% Reduced Face Amount of LOC Based on periodic observation and testing, the construction has been completed, to date, in accordance with the intent of the plans and specifications that were reviewed and approved by the BOCC's representatives and referenced in the Subdivision Improvements Agreement between the BOCC and the Owner. If further information is needed, please contact , at Owner or Owner's Representative/Engineer REQUEST FOR FINAL RELEASE OF LETTER OF CREDIT Board of County Commissioners Garfield County, Colorado c/o Director of Building and Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE; VELESQUEZ MINOR SUBDIVISION This request is written to formally notify the BOCC of work completed VELESQUEZ MINOR SUBDIVISION As Owner [On behalf of the Owner], we request that the BOCC review the attached Engineer's Certificate of Completion and approve a full release of the Letter of Credit in the amount of $ Attached is the certified original cost estimate and work completed schedule, showing that all improvements required by the Improvements Agreement and secured by the Letter of Credit have been completed. Also enclosed are the following, required by the Improvements Agreement dated between Owner and the BOCC, recorded at Reception No. at the Real Estate Records of the Garfield County Clerk and Recorder (the "SIA"): 1. record drawings bearing the stamp of Owner's Engineer certifying that all improvements have been constructed in accordance with the requirements of the SIA, both in hand copy and digital format acceptable to the BOCC; and 2. copies of instruments conveying real property and other interests which Owner was obligated to convey to the homeowner's association or other entity at the time of final Plat Approval. If further information is needed, please contact , at Owner or Owner's Representative/Engineer FOUND B.L.M. BRASS CAP S 1/16 CORNER SECTIONS 9/10 ._1/___3'15'20"14/ VICINITY MAP SCALE: 1" = 2,000' 1610.47' ti (N70°02'42"E) N70°03'17"EN 10.57' SET REBAR & PLASTIC CAP LS38215 24.30' WITNESS CORNER (N13°41'45"W 94.16') N13°41�W 94.17' GRAPHIC SCALE 100 0 50 100 200 FOUND N0.5 REBAR (A=17°57'04") (R=382.55') (L=119.85') 0=1T57'04" R=382.55' L=119.86' CB= N79°01'49"W C=119.37' ROAD (N 87°59'46"E) (173.04') N88°00'21 "E / 170.20' 113 VELASQUEZ MINOR SUBDIVISION A PARCEL OF LAND SITUATED WITHIN LOT 14 AND A PORTION OF LOT 18 SECTION 10, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO 1 1 1 1 0 SET REBAR & PLASTIC CAP LS38215 1 1 1 1 1 1 1 1 1 1 1 CREE 1 1 1 FOOT PATH 1 1 / 1 v /x 1 1 LOT 17 SECTION 10 FOUND REBAR & PLASTIC CAP ILLEGIBLE 16.14' WITNESS CORNER FOUND REBAR & PLASTIC CAP LS3317 0.37' EAST OF PROPERTY LINE SET REBAR & PLASTIC CAP LS38215 1 OWNER RUSS P & JULIE D PENNINO 3044 CR 113 CARBONDALE, CO PARCEL NO. 2393103000456 400 ( IN FEET ) 1 inch = 100 ft. FOUND B.L.M. ALUMINUM CAP W 1/1 6 CORNER SECTION 1 0/1 5 -x LEGEND 0 CD 0 ca) OE (357.50') x FOUND B.L.M. BRASS CAP AS DESCRIBED FOUND PROPERTY CORNER AS DESCRIBED SET NO. 5 REBAR & CAP L.S. NO.38215 SANITARY MANHOLE WELL UTILITY POLE/POWER POLE OVERHEAD POWER LINE RECORD DATA x N8311'28"W 574.37' x FOUND NO.5 REBAR z 0 0 0 0 0 0 N 0 0 0 L � N cA co Fri CA > CP m co + \ + I \ - FOUND REBAR & PLASTIC CAP 3317 1 1 1 1 1 1 1 0 -1 (J1 cD 0 L N83°12'54"W- - (N83°10'53" 357.59' W 357.50') - OWNER BUREAU OF LAND MANAGEMENT PARCEL NO. 239316300954 N8_5'20"W LOT 18 SECTION 10 584.94' SEE SHEET 2 FOR DETAILS 100 -YEAR FLOOD PLAIN BOUNDARY OWNER NEAL H & JEAN DUPRE POLLACK 3266 CR 113 CARBONDALE, CO PARCEL NO. 239310300048 FOUND REBAR & PLASTIC CAP ILLEGIBLE z 000 J 0 0 x FOUND REBAR & PLASTIC CAP 3 31 7 LOT 14 SECTION 10 x FOUND B.L.M. BRASS CAP CS 1/16 CORNER SECTION 10 N83°12 25' y 390.28' x r) 0 N 00 N00°04'36"E FOUND GARFIELD COUNTY BRASS CAP 1/4 CORNER SECTIONS 10/15 CERTIFICATE OF TAXES PAID 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., 2017. GARFIELD COUNTY TREASURER TITLE CERTIFICATE I, AN AGENT AUTHORIZED BY LAND TITLE GUARANTEE COMPANY, DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO ALL LANDS SHOWN UPON THIS PLAT AND THAT TITLE TO SUCH LANDS IS VESTED IN TINA AND ROBERT VELASQUEZ AND ROBERT AND IDA BEASLEY, 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., 2017. TITLE COMPANY: LAND TITLE GUARANTEE COMPANY AGENT COUNTY SURVEYORS 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 , 2017. GARFIELD COUNTY SURVEYOR CERTIFICATE OF DEDICATION AND OWNERSHIP THE UNDERSIGNED 11NA KIM VELASQUEZ, ROBERT CLAY VELASQUEZ, ROBERT ROSS VELASQUEZ, ROBERT LEE BEASELY AND IDA MAE BEASELY, BEING SOLE OWNERS IN FEE SIMPLE OF ALL THAT REAL PROPERTY SITUATED IN GARFIELD COUNTY, DESCRIBED AS FOLLOWS: PARCEL 1, A PARCEL OF LAND SITUATED IN LOT 14 OF SECTION 10, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 611-I P.M. DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID SECTION 10, WHENCE THE SOUTH QUARTER CORNER OF SAID SEC11ON 10 BEARS SOUTH 8310'43" EAST 390.22 FEET; THENCE NORTH 8310'43" WEST 357.50 FEET ALONG THE SOUTHERLY LINE OF SAID SEC11ON 10; THENCE NORTH 00'02'32" WEST 714.36 FEET; THENCE NORTH 13'42'20" WEST 667.00 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 14; THENCE SOUTH 83'42'20" EAST 319.25 FEET ALONG THE NORTHERLY LINE OF SAID LOT 14; THENCE SOUTH 13'42'20" EAST 593.78 FEET; THENCE SOUTH 04'00'18" EAST 794.90 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 10; THE POINT OF BEGINNING. AND, PARCEL 2, A PORTION OF LOT 18, SEC11ON 10, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M., GARFIELD COUNTY, COLORADO, MORE PARI1CULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON POST AND BRASS CAP PROPERLY MARKED AND FOUND IN PLACE FOR THE CENTER SOUTH 1/16 CORNER OF SAID SECTION 10 (BEING THE SAME AS THE S.E. CORNER OF SAID LOT 18). THENCE NORTH 8316'44" WEST ALONG THE SOUTH LINE OF SAID LOT 18, 588.45 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG SAID SOUTH LINE OF LOT 18, 319.25 FEET; THENCE LEAVING SAID SOUTH LINE NORTH 13'42'20" WEST 94.16 FEET TO THE NORTH LINE OF SAID LOT 18; THENCE ALONG SAID NORTH LINE NORTH 70'02'42" EAST 10.57 FEET; THENCE ALONG SAID NORTH LINE ALONG A CURVE TO THE RIGHT , HAVING A RADIUS OF 382.55 FEET AND A CENTRAL ANGLE OF 17'57'04", A DISTANCE OF 119.85 FEET; THENCE ALONG SAID NORTH LINE NORTH 87'59'46" EAST 173.04 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 13'42'20" EAST 165.96 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 10.840 ACRES, MORE OR LESS, HAVE CAUSED THE DESCRIBED REAL PROPERTY TO BE SURVEYED, LAID OUT, PLATTED AND SUBDIVIDED INTO LOTS AND BLOCKS AS SHOWN ON THIS PLAT UNDER THE NAME AND STYLE OF VELASQUEZ MINOR SUBDIVISION, A SUBDIVISION IN COUNTY OF GARFIELD. THE OWNER(S) DO) HEREBY 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 DEDICATE(S) TO THE PUBLIC U11LITIES THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE LABELED AS UTILITY EASEMENTS ON THE ACCOMPANYING PLAT AS PERPETUAL EASEMENTS FOR THE INSTALLA1ON AND MAINTENANCE OF UTILITIES, IRRIGATION AND DRAINAGE FACILII1ES 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 LINES. SUCH EASEMENT AND RIGHTS SHALL BE UTILIZED IN A REASONABLE AND PRUDENT MANNER. ALL EXPENSE FOR STREET PAVING OR IMPROVEMENTS SHALL BE FURNISHED BY THE SELLER OR PURCHASER, NOT BY THE COUNTY OF GARFIELD. EXECUTED THIS ____ DAY OF , A D , 2017. OWNER ADDRESS: 11NA AND ROBERT CLAY & ROBERT ROSS VELASQUEZ 3064 COUNTY ROAD 113 CARBONDALE, CO 81623 11NA VELASQUEZ ROBERT CLAY VELASQUEZ ROBERT ROSS VELASQUEZ ROBERT BEASELY IDA BEASELY STATE OF COLORADO : SS COUNTY OF GARFIELD ROBERT AND IDA BEASELY 3064 COUNTY RAOD 113 CARBONDALE, CO 81623 THE FOREGOING CERI1FICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS ____ DAY OF A D , 2017, BY 11NA, ROBERT CLAY, ROBERT ROSS VELASQUEZ AND ROBERT AND IDA BEASLEY. MY COMMISSION EXPIRES• WITNESS MY HAND AND OFFICIAL SEAL. NOTARY PUBLIC PLAT NOTES 1.) BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF N13'42'20"W BETWEEN THE NORTHEAST CORNER OF PARCEL 1, BEING A SET N05 REBAR AND PLASTIC CAP LS38215 AND THE EAST ANGLE POINT OF PARCEL 1, BEING A FOUND REBAR AND ILLEGIBLE PLASTIC CAP AS SHOWN HEREON. 2.) DATE OF FIELD SURVEY: JUNE 22, 2016. 3.) LINEAR UNITS USED TO PERFORM THIS SURVEY WERE U.S. SURVEY FEET. 4.) THIS SURVEY IS BASED ON RECEP11ON NO. 394389 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE AND CORNERS FOUND IN PLACE AS SHOWN. 5.) THIS PROPERTY IS SUBJECT TO RESERVA11ONS, RESTRICTIONS, COVENANTS AND EASEMENTS OF RECORD OR IN PLACE AND EXCEP11ONS TO 11TLE SHOWN IN THE 11TLE COMMITMENT PREPARED BY LAND TITLE GUARANTEE COMPANY, ISSUE DATE JUNE 13, 2016 (ORDER NUMBER GW63010879). 6.) FLOOD PLAIN BOUNDARY SHOWN HEREON WERE TAKEN FROM FEMA FIRM MAP COMMUNITY PANEL NO. 080205 1470 B DATED JANUARY 3, 1986. 7.) ELEVATIONS SHOWN HEREON ARE BASED ON NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88) DERIVED FROM AN NGS OPUS SOLU11ON BASED ON GPS MEASUREMENTS TAKEN ON JUNE 22, 2016. 8.) OWNER OF RECORD: TINA KIM VELASQUEZ AND ROBERT CLAY VELASQUEZ AND ROBERT LEE BEASLEY AND IDA MAY BEASLEY 3064 COUNTY ROAD 113, CARBONDALE, CO 81623 9.) NO NEW CONSTRUC1ON OR BUILDINGS SHALL OCCUR WITHIN THE CATTLE CREEK 100 YEAR FLOODPLAIN OR FLOODWAY. 10.) CONTROL OF NOXIOUS WEEDS IS THE RESPONSIBILITY OF THE PROPERTY OWNERS. 11.) NO OPEN HEARTH SOLID -FUEL FIREPLACES WILL BE ALLOWED ANYWHERE WITHIN THE SUBDIVISION. ONE (1) NEW SOLID -FUEL BURNING STOVE AS DEFINED BY C.R.S. 25-7-401, ET. SEQ., AND THE REGULA11ONS 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. 12.) ALL EXTERIOR LIGHTING WILL BE THE MINIMUM AMOUNT NECESSARY AND ALL EXTERIOR LIGHTING WILL 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. 13.) COLORADO IS A "RIGHT -TO -FARM" STATE PURSUANT TO C.R.S. 35-3-101, ET SEQ. LANDOWNERS, RESIDENTS AND VISITORS MUST BE PREPARED TO ACCEPT THE ACTIVITIES, SIGHTS, SOUNDS AND SMELLS OF GARFIELD COUNTY'S AGRICULTURAL OPERATIONS AS A NORMAL AND NECESSARY ASPECT OF LIVING IN A COUNTY WITH A STRONG RURAL CHARACTER AND A HEALTHY RANCHING SECTOR. THOSE WITH AN URBAN SENSITIVITY MAY PERCEIVE SUCH ACTIVITIES, SIGHTS, SOUND, AND SMELLS ONLY AS INCONVENIENCE, EYESORE, NOISE AND ODOR. HOWEVER, STATE LAW AND COUNTY POLICY PROVIDE THAT RANCHING, FARMING AND OTHER AGRICULTURAL AC11VI11ES AND OPERATIONS WITHIN GARFIELD COUNTY SHALL NOT BE CONSIDERED TO BE A NUISANCE 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 A LEGAL AND NON -NEGLIGENT AGRICULTURAL OPERATIONS. 14.) ALL OWNERS OF LAND, WHETHER RANCH OR RESIDENCE, HAVE OBLIGATIONS UNDER STATE LAW AND COUNTY REGULATIONS WITH REGARD TO THE MAINTENANCE OF FENCES AND IRRIGATION DITCHES, CONTROLLING WEEDS, KEEPING LIVESTOCK AND PETS UNDER CONTROL, USING PROPERTY IN ACCORDANCE WITH ZONING, AND OTHER ASPECTS OF USING AND MAINTAINING PROPERTY. RESIDENTS AND LANDOWNERS ARE ENCOURAGED TO LEARN ABOUT THESE RIGHTS AND RESPONSIBILITIES AND ACT AS GOOD NEIGHBORS AND CITIZENS OF THE COUNTY. A GOOD INTRODUCTORY SOURCE FOR SUCH INFORMATION IS "A GUIDE TO RURAL LIVING & SMALL SCALE AGRICULTURE" PUT OUT BY THE COLORADO STATE UNIVERSITY EXTENSION OFFICE IN GARFIELD COUNTY. 15.) 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). 16.) DOGS KEPT ON THE PROPERTY SHALL BE IN A FENCED YARD OR ON A LEASH TO PREVENT HARASSMENT OF WILDLIFE. 17.) FENCING ON THE PROPERTY SHALL COMPLY WITH THE COLORADO PARKS AND WILDLIFE SPECIFICATIONS FOR WILDLIFE -FRIENDLY FENCING. 18.) DITCH OWNER(S) RIGHTS: COLORADO STATE STATUTES 37-86-102 PROVIDES THAT ANY PERSON OWNING A WATER RIGHT OR CONDI110NAL WATER RIGHT SHALL BE ENTITLED TO A RIGHT OF WAY THROUGH THE LANDS WHICH LIE BETWEEN THE POINT OF DIVERSION AND POINT OF USE OR PROPOSED USE FOR THE PURPOSE OF TRANSPORTING WATER FOR BENEFICIAL USE IN ACCORDANCE W111 -I SAID WATER RIGHT OR CONDI110NAL WATER RIGHT. ANY IMPACT, CHANGE OR CROSSING OF A DITCH SHALL REQUIRE APPROVAL FROM THE DITCH OWNER. 19.) THE 30 FOOT WIDE ACCESS EASEMENT SHOWN HEREON IS A SHARED EASEMENT AND WAS CREATED TO PROVIDE ACCESS ACROSS LOT 1 FOR LOT 2 AND IS FOR THE BENEFIT OF LOT 2 AND IS SUBJECT TO A DRIVEWAY SHARING AGREEMENT AS NOTED HEREON. 20.) THE WATER TANK EASEMENT AND WATERLINE EASEMENTS SHOWN HEREON IS A SHARED WATER SYSTEM AND PROVIDES WATER TO EACH LOT FROM A SHARED WELL SHOWN HERE AND IS SUBJECT TO A WELL SHARING AGREEMENT AS NOTED HEREON. 21.) THESE LOTS ARE SUBJECT TO DRIVEWAY SHARING AGREEMENT RECORDED AS RECEPTION NO. 22.) THESE LOTS ARE SUBJECT TO A WELL SHARING AGREEMENT RECORDED AS RECEPTION NO 23.) THESE LOTS ARE SUBJECT TO AN IMPROVEMENTS AGREEMENT RECORDED AS RECEPTION NO. 24.) THE SHAEFFER DITCH IS OWNED BY THE SHAEFFER DITCH COMPANY IS SUBJECT TO WATER & DITCH RIGHTS AND EASEMENTS. 25.) PROFESSIONALLY ENGINEERED DEBRIS FLOW MITIGA11ON, DRAINAGE CONTROL, AND EROSION CONTROL PLANS WILL BE INCLUDED AS PART OF A BUILDING PERMIT APPLICA11ON FOR ANY NEW RESIDENTIAL CONSTRUCTION OF LOTS 1 AND 2. COUNTY COMMISIONERS' CERTIFICATE BASED UPON THE REVIEW AND RECOMMENDATION OF THE 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 , 2017, 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 PROVISION 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 SEPARATE 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 SURVEYOR'S CERTIFICATE I, RODNEY P. KISER, 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, VELASQUEZ MINOR SUBDIVISION, 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 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., 2017. RODNEY P. KISER, PLS NO. 38215 COLORADO PROFESSIONAL SURVEYOR CLERK AND RECORDER'S CERTIFICATE P Fa ELIMINA 12-28-16 BVI THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO, AT ____ O'CLOCK , ON THIS DAY OF , 2017, AND IS DULY RECORDED AS RECEPTION NO. CLERK AND RECORDER BY: DEPUTY NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL AC11ON BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY AC11ON BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. Z OO Ho Uce u0 00 Ov z W -0 is 1=w Jz Jw <0 U CD 6) N 07 O CD OR 534-06700 IN METRO DENVER W U��yyWw QLLO- QWQLD <w - ,"Ow� d&=w 01-2 (11 w00Z Z >- D (ww0 m0a0 I X -, Q W-, U NO. DATE REVISION BY CO ry o w 0 w 2 0 w 0 t0 th N w J L r�. V V z w w z z w 1--' z O U r1 Z 0 w c M 0 I- " Nn 0. ]� 00 C 0 iA wJ CO z u)0 zId' U p M 0 0 M� w .J 0 U z 0 U Q iL PROJECT NO. 2161703 1 OF 2 Q ,-- SUBJECT ,',,-77 �1ii a et I 1 :a 1 ,._ ) 4 1 . I _ _ - -_ -_ ; a rk---- 7 - :�I, fir- te I' �'' = � Y, _.) ...„:„4%, . ::::....yTir, pm, P -'- - 117,---:7---- ; --P'- \ \ FOUND B.L.M. BRASS CAP S 1/16 CORNER SECTIONS 9/10 ._1/___3'15'20"14/ VICINITY MAP SCALE: 1" = 2,000' 1610.47' ti (N70°02'42"E) N70°03'17"EN 10.57' SET REBAR & PLASTIC CAP LS38215 24.30' WITNESS CORNER (N13°41'45"W 94.16') N13°41�W 94.17' GRAPHIC SCALE 100 0 50 100 200 FOUND N0.5 REBAR (A=17°57'04") (R=382.55') (L=119.85') 0=1T57'04" R=382.55' L=119.86' CB= N79°01'49"W C=119.37' ROAD (N 87°59'46"E) (173.04') N88°00'21 "E / 170.20' 113 VELASQUEZ MINOR SUBDIVISION A PARCEL OF LAND SITUATED WITHIN LOT 14 AND A PORTION OF LOT 18 SECTION 10, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO 1 1 1 1 0 SET REBAR & PLASTIC CAP LS38215 1 1 1 1 1 1 1 1 1 1 1 CREE 1 1 1 FOOT PATH 1 1 / 1 v /x 1 1 LOT 17 SECTION 10 FOUND REBAR & PLASTIC CAP ILLEGIBLE 16.14' WITNESS CORNER FOUND REBAR & PLASTIC CAP LS3317 0.37' EAST OF PROPERTY LINE SET REBAR & PLASTIC CAP LS38215 1 OWNER RUSS P & JULIE D PENNINO 3044 CR 113 CARBONDALE, CO PARCEL NO. 2393103000456 400 ( IN FEET ) 1 inch = 100 ft. FOUND B.L.M. ALUMINUM CAP W 1/1 6 CORNER SECTION 1 0/1 5 -x LEGEND 0 CD 0 ca) OE (357.50') x FOUND B.L.M. BRASS CAP AS DESCRIBED FOUND PROPERTY CORNER AS DESCRIBED SET NO. 5 REBAR & CAP L.S. NO.38215 SANITARY MANHOLE WELL UTILITY POLE/POWER POLE OVERHEAD POWER LINE RECORD DATA x N8311'28"W 574.37' x FOUND NO.5 REBAR z 0 0 0 0 0 0 N 0 0 0 L � N cA co Fri CA > CP m co + \ + I \ - FOUND REBAR & PLASTIC CAP 3317 1 1 1 1 1 1 1 0 -1 (J1 cD 0 L N83°12'54"W- - (N83°10'53" 357.59' W 357.50') - OWNER BUREAU OF LAND MANAGEMENT PARCEL NO. 239316300954 N8_5'20"W LOT 18 SECTION 10 584.94' SEE SHEET 2 FOR DETAILS 100 -YEAR FLOOD PLAIN BOUNDARY OWNER NEAL H & JEAN DUPRE POLLACK 3266 CR 113 CARBONDALE, CO PARCEL NO. 239310300048 FOUND REBAR & PLASTIC CAP ILLEGIBLE z 000 J 0 0 x FOUND REBAR & PLASTIC CAP 3 31 7 LOT 14 SECTION 10 x FOUND B.L.M. BRASS CAP CS 1/16 CORNER SECTION 10 N83°12 25' y 390.28' x r) 0 N 00 N00°04'36"E FOUND GARFIELD COUNTY BRASS CAP 1/4 CORNER SECTIONS 10/15 CERTIFICATE OF TAXES PAID 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., 2017. GARFIELD COUNTY TREASURER TITLE CERTIFICATE I, AN AGENT AUTHORIZED BY LAND TITLE GUARANTEE COMPANY, DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO ALL LANDS SHOWN UPON THIS PLAT AND THAT TITLE TO SUCH LANDS IS VESTED IN TINA AND ROBERT VELASQUEZ AND ROBERT AND IDA BEASLEY, 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., 2017. TITLE COMPANY: LAND TITLE GUARANTEE COMPANY AGENT COUNTY SURVEYORS 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 , 2017. GARFIELD COUNTY SURVEYOR CERTIFICATE OF DEDICATION AND OWNERSHIP THE UNDERSIGNED 11NA KIM VELASQUEZ, ROBERT CLAY VELASQUEZ, ROBERT ROSS VELASQUEZ, ROBERT LEE BEASELY AND IDA MAE BEASELY, BEING SOLE OWNERS IN FEE SIMPLE OF ALL THAT REAL PROPERTY SITUATED IN GARFIELD COUNTY, DESCRIBED AS FOLLOWS: PARCEL 1, A PARCEL OF LAND SITUATED IN LOT 14 OF SECTION 10, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 611-I P.M. DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID SECTION 10, WHENCE THE SOUTH QUARTER CORNER OF SAID SEC11ON 10 BEARS SOUTH 8310'43" EAST 390.22 FEET; THENCE NORTH 8310'43" WEST 357.50 FEET ALONG THE SOUTHERLY LINE OF SAID SEC11ON 10; THENCE NORTH 00'02'32" WEST 714.36 FEET; THENCE NORTH 13'42'20" WEST 667.00 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 14; THENCE SOUTH 83'42'20" EAST 319.25 FEET ALONG THE NORTHERLY LINE OF SAID LOT 14; THENCE SOUTH 13'42'20" EAST 593.78 FEET; THENCE SOUTH 04'00'18" EAST 794.90 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 10; THE POINT OF BEGINNING. AND, PARCEL 2, A PORTION OF LOT 18, SEC11ON 10, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M., GARFIELD COUNTY, COLORADO, MORE PARI1CULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON POST AND BRASS CAP PROPERLY MARKED AND FOUND IN PLACE FOR THE CENTER SOUTH 1/16 CORNER OF SAID SECTION 10 (BEING THE SAME AS THE S.E. CORNER OF SAID LOT 18). THENCE NORTH 8316'44" WEST ALONG THE SOUTH LINE OF SAID LOT 18, 588.45 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG SAID SOUTH LINE OF LOT 18, 319.25 FEET; THENCE LEAVING SAID SOUTH LINE NORTH 13'42'20" WEST 94.16 FEET TO THE NORTH LINE OF SAID LOT 18; THENCE ALONG SAID NORTH LINE NORTH 70'02'42" EAST 10.57 FEET; THENCE ALONG SAID NORTH LINE ALONG A CURVE TO THE RIGHT , HAVING A RADIUS OF 382.55 FEET AND A CENTRAL ANGLE OF 17'57'04", A DISTANCE OF 119.85 FEET; THENCE ALONG SAID NORTH LINE NORTH 87'59'46" EAST 173.04 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 13'42'20" EAST 165.96 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 10.840 ACRES, MORE OR LESS, HAVE CAUSED THE DESCRIBED REAL PROPERTY TO BE SURVEYED, LAID OUT, PLATTED AND SUBDIVIDED INTO LOTS AND BLOCKS AS SHOWN ON THIS PLAT UNDER THE NAME AND STYLE OF VELASQUEZ MINOR SUBDIVISION, A SUBDIVISION IN COUNTY OF GARFIELD. THE OWNER(S) DO) HEREBY 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 DEDICATE(S) TO THE PUBLIC U11LITIES THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE LABELED AS UTILITY EASEMENTS ON THE ACCOMPANYING PLAT AS PERPETUAL EASEMENTS FOR THE INSTALLA1ON AND MAINTENANCE OF UTILITIES, IRRIGATION AND DRAINAGE FACILII1ES 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 LINES. SUCH EASEMENT AND RIGHTS SHALL BE UTILIZED IN A REASONABLE AND PRUDENT MANNER. ALL EXPENSE FOR STREET PAVING OR IMPROVEMENTS SHALL BE FURNISHED BY THE SELLER OR PURCHASER, NOT BY THE COUNTY OF GARFIELD. EXECUTED THIS ____ DAY OF , A D , 2017. OWNER ADDRESS: 11NA AND ROBERT CLAY & ROBERT ROSS VELASQUEZ 3064 COUNTY ROAD 113 CARBONDALE, CO 81623 11NA VELASQUEZ ROBERT CLAY VELASQUEZ ROBERT ROSS VELASQUEZ ROBERT BEASELY IDA BEASELY STATE OF COLORADO : SS COUNTY OF GARFIELD ROBERT AND IDA BEASELY 3064 COUNTY RAOD 113 CARBONDALE, CO 81623 THE FOREGOING CERI1FICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS ____ DAY OF A D , 2017, BY 11NA, ROBERT CLAY, ROBERT ROSS VELASQUEZ AND ROBERT AND IDA BEASLEY. MY COMMISSION EXPIRES• WITNESS MY HAND AND OFFICIAL SEAL. NOTARY PUBLIC PLAT NOTES 1.) BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF N13'42'20"W BETWEEN THE NORTHEAST CORNER OF PARCEL 1, BEING A SET N05 REBAR AND PLASTIC CAP LS38215 AND THE EAST ANGLE POINT OF PARCEL 1, BEING A FOUND REBAR AND ILLEGIBLE PLASTIC CAP AS SHOWN HEREON. 2.) DATE OF FIELD SURVEY: JUNE 22, 2016. 3.) LINEAR UNITS USED TO PERFORM THIS SURVEY WERE U.S. SURVEY FEET. 4.) THIS SURVEY IS BASED ON RECEP11ON NO. 394389 OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE AND CORNERS FOUND IN PLACE AS SHOWN. 5.) THIS PROPERTY IS SUBJECT TO RESERVA11ONS, RESTRICTIONS, COVENANTS AND EASEMENTS OF RECORD OR IN PLACE AND EXCEP11ONS TO 11TLE SHOWN IN THE 11TLE COMMITMENT PREPARED BY LAND TITLE GUARANTEE COMPANY, ISSUE DATE JUNE 13, 2016 (ORDER NUMBER GW63010879). 6.) FLOOD PLAIN BOUNDARY SHOWN HEREON WERE TAKEN FROM FEMA FIRM MAP COMMUNITY PANEL NO. 080205 1470 B DATED JANUARY 3, 1986. 7.) ELEVATIONS SHOWN HEREON ARE BASED ON NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88) DERIVED FROM AN NGS OPUS SOLU11ON BASED ON GPS MEASUREMENTS TAKEN ON JUNE 22, 2016. 8.) OWNER OF RECORD: TINA KIM VELASQUEZ AND ROBERT CLAY VELASQUEZ AND ROBERT LEE BEASLEY AND IDA MAY BEASLEY 3064 COUNTY ROAD 113, CARBONDALE, CO 81623 9.) NO NEW CONSTRUC1ON OR BUILDINGS SHALL OCCUR WITHIN THE CATTLE CREEK 100 YEAR FLOODPLAIN OR FLOODWAY. 10.) CONTROL OF NOXIOUS WEEDS IS THE RESPONSIBILITY OF THE PROPERTY OWNERS. 11.) NO OPEN HEARTH SOLID -FUEL FIREPLACES WILL BE ALLOWED ANYWHERE WITHIN THE SUBDIVISION. ONE (1) NEW SOLID -FUEL BURNING STOVE AS DEFINED BY C.R.S. 25-7-401, ET. SEQ., AND THE REGULA11ONS 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. 12.) ALL EXTERIOR LIGHTING WILL BE THE MINIMUM AMOUNT NECESSARY AND ALL EXTERIOR LIGHTING WILL 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. 13.) COLORADO IS A "RIGHT -TO -FARM" STATE PURSUANT TO C.R.S. 35-3-101, ET SEQ. LANDOWNERS, RESIDENTS AND VISITORS MUST BE PREPARED TO ACCEPT THE ACTIVITIES, SIGHTS, SOUNDS AND SMELLS OF GARFIELD COUNTY'S AGRICULTURAL OPERATIONS AS A NORMAL AND NECESSARY ASPECT OF LIVING IN A COUNTY WITH A STRONG RURAL CHARACTER AND A HEALTHY RANCHING SECTOR. THOSE WITH AN URBAN SENSITIVITY MAY PERCEIVE SUCH ACTIVITIES, SIGHTS, SOUND, AND SMELLS ONLY AS INCONVENIENCE, EYESORE, NOISE AND ODOR. HOWEVER, STATE LAW AND COUNTY POLICY PROVIDE THAT RANCHING, FARMING AND OTHER AGRICULTURAL AC11VI11ES AND OPERATIONS WITHIN GARFIELD COUNTY SHALL NOT BE CONSIDERED TO BE A NUISANCE 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 A LEGAL AND NON -NEGLIGENT AGRICULTURAL OPERATIONS. 14.) ALL OWNERS OF LAND, WHETHER RANCH OR RESIDENCE, HAVE OBLIGATIONS UNDER STATE LAW AND COUNTY REGULATIONS WITH REGARD TO THE MAINTENANCE OF FENCES AND IRRIGATION DITCHES, CONTROLLING WEEDS, KEEPING LIVESTOCK AND PETS UNDER CONTROL, USING PROPERTY IN ACCORDANCE WITH ZONING, AND OTHER ASPECTS OF USING AND MAINTAINING PROPERTY. RESIDENTS AND LANDOWNERS ARE ENCOURAGED TO LEARN ABOUT THESE RIGHTS AND RESPONSIBILITIES AND ACT AS GOOD NEIGHBORS AND CITIZENS OF THE COUNTY. A GOOD INTRODUCTORY SOURCE FOR SUCH INFORMATION IS "A GUIDE TO RURAL LIVING & SMALL SCALE AGRICULTURE" PUT OUT BY THE COLORADO STATE UNIVERSITY EXTENSION OFFICE IN GARFIELD COUNTY. 15.) 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). 16.) DOGS KEPT ON THE PROPERTY SHALL BE IN A FENCED YARD OR ON A LEASH TO PREVENT HARASSMENT OF WILDLIFE. 17.) FENCING ON THE PROPERTY SHALL COMPLY WITH THE COLORADO PARKS AND WILDLIFE SPECIFICATIONS FOR WILDLIFE -FRIENDLY FENCING. 18.) DITCH OWNER(S) RIGHTS: COLORADO STATE STATUTES 37-86-102 PROVIDES THAT ANY PERSON OWNING A WATER RIGHT OR CONDI110NAL WATER RIGHT SHALL BE ENTITLED TO A RIGHT OF WAY THROUGH THE LANDS WHICH LIE BETWEEN THE POINT OF DIVERSION AND POINT OF USE OR PROPOSED USE FOR THE PURPOSE OF TRANSPORTING WATER FOR BENEFICIAL USE IN ACCORDANCE W111 -I SAID WATER RIGHT OR CONDI110NAL WATER RIGHT. ANY IMPACT, CHANGE OR CROSSING OF A DITCH SHALL REQUIRE APPROVAL FROM THE DITCH OWNER. 19.) THE 30 FOOT WIDE ACCESS EASEMENT SHOWN HEREON IS A SHARED EASEMENT AND WAS CREATED TO PROVIDE ACCESS ACROSS LOT 1 FOR LOT 2 AND IS FOR THE BENEFIT OF LOT 2 AND IS SUBJECT TO A DRIVEWAY SHARING AGREEMENT AS NOTED HEREON. 20.) THE WATER TANK EASEMENT AND WATERLINE EASEMENTS SHOWN HEREON IS A SHARED WATER SYSTEM AND PROVIDES WATER TO EACH LOT FROM A SHARED WELL SHOWN HERE AND IS SUBJECT TO A WELL SHARING AGREEMENT AS NOTED HEREON. 21.) THESE LOTS ARE SUBJECT TO DRIVEWAY SHARING AGREEMENT RECORDED AS RECEPTION NO. 22.) THESE LOTS ARE SUBJECT TO A WELL SHARING AGREEMENT RECORDED AS RECEPTION NO 23.) THESE LOTS ARE SUBJECT TO AN IMPROVEMENTS AGREEMENT RECORDED AS RECEPTION NO. 24.) THE SHAEFFER DITCH IS OWNED BY THE SHAEFFER DITCH COMPANY IS SUBJECT TO WATER & DITCH RIGHTS AND EASEMENTS. 25.) PROFESSIONALLY ENGINEERED DEBRIS FLOW MITIGA11ON, DRAINAGE CONTROL, AND EROSION CONTROL PLANS WILL BE INCLUDED AS PART OF A BUILDING PERMIT APPLICA11ON FOR ANY NEW RESIDENTIAL CONSTRUCTION OF LOTS 1 AND 2. COUNTY COMMISIONERS' CERTIFICATE BASED UPON THE REVIEW AND RECOMMENDATION OF THE 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 , 2017, 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 PROVISION 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 SEPARATE 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 SURVEYOR'S CERTIFICATE I, RODNEY P. KISER, 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, VELASQUEZ MINOR SUBDIVISION, 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 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., 2017. RODNEY P. KISER, PLS NO. 38215 COLORADO PROFESSIONAL SURVEYOR CLERK AND RECORDER'S CERTIFICATE P Fa ELIMINA 12-28-16 BVI THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO, AT ____ O'CLOCK , ON THIS DAY OF , 2017, AND IS DULY RECORDED AS RECEPTION NO. CLERK AND RECORDER BY: DEPUTY NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL AC11ON BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY AC11ON BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. Z OO Ho Uce u0 00 Ov z W -0 is 1=w Jz Jw <0 U CD 6) N 07 O CD OR 534-06700 IN METRO DENVER W U��yyWw QLLO- QWQLD <w - ,"Ow� d&=w 01-2 (11 w00Z Z >- D (ww0 m0a0 I X -, Q W-, U NO. DATE REVISION BY CO ry o w 0 w 2 0 w 0 t0 th N w J L r�. V V z w w z z w 1--' z O U r1 Z 0 w c M 0 I- " Nn 0. ]� 00 C 0 iA wJ CO z u)0 zId' U p M 0 0 M� w .J 0 U z 0 U Q iL PROJECT NO. 2161703 1 OF 2 TIE TO CENTERLINE OF ACCESS EASEMENT N72'25'24"E 50.53' y — i \ — — — A =66'40'56" R =25.00' L =29.10' _ B=S5543'51 "E =27.48' x x —6335-- 1 / \ / VELASQUEZ MINOR SUBDIVISIONN \ o \ — - - - - -o = T A PARCEL OF LAND SITUATED WITHIN LOT 14 SHAEFFER DITCH AND A PORTION OF LOT 18 OF SECTION 10, 4_17ME\ 8"CMP� x TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M. 0 N88°0021 "E 100.74~ 0�---6340- .. X50-- —s— S89'04'19"E 65.21' 0 8"CPP x x x \ -• Q may, 1,\�. h -\ 25' WIDE UTILITY EASEMENT FOR THE — \ BENEFIT OF LOT 1 BUILDING ENVELOPE . — 6335_ I \, 27- •\ 0.0 N 90'00'00"E MI 13 o� x • PROPOSED ACCESS 10 _ — 30' WIDE %-CESS _653o— LOT 1. • EASEMENT \fk\ • \ \ /v • \✓ —6325_ DRIVEWAY SHARING AGREEMENT RECEPTION NO. x BUILDING ENVELOPE A =0622'53" R =106.46' L =11.86' \ CB=S8326'51"E C = 11 N \ \ _ — • • • co 'LP. —' • • • ---- EXISTING SEPTIC FIELD LOT 2 PER PERMIT DRAWINGS 633o- (-4*().11--*--V-1 46325— ---3<s • \EW/ LOT 1 232,935 SF +/ GRAVEL DRIVEWAY \ (DI • SITE BENCHMARK REBAR & PLASTIC CAP LS3317 EL: 6324.00 / h t NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL AC11ON BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY AC11ON BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. J� 1\t\ \\* \\•i; 11\\\ \i\ i 74\ WATER TANK EASEMENT rvi EXISTING 15,000 GALLON— WATER MITIGATION TANK * _6305- — ( •A I .-/--- ---... 7 I 1- / / 7 . / . I I 1 I // I / I I S43 *0 30 00 .^-j° 4y ///// ‘1')‘*)"/1A;); */ %/ ///////// //////////// // N _ _ .1, /////////0/://// ///,,N • c 3551- 3A .56 CONCRETE PATIO WITH OVERHANG 10' WIDE WATER LINE , EASEMENT EXISTING WELL WELL SHARING AGREEMENT RECEPTION NO. N 1,18.036 EXISTING 1,500 ALLON SEPTIC TANK. • • ) I // i ,-., ''.-- "...' /(bz/v' 4,12)/1 — — 1:--/- 1-/. _JI j —t / ) I I — — — — ' / / 7 7 PLAW1MOUNDARY Al' 7777r r77 ; .._._ .._.:.. ........e,,..., ..— —____,,,—___.---- ----._ ....---- 7 7 Lo3-2- (5.21:9 Ac, -4/ ...._ . - • ---..........---• ,::....,.:.....,.. .::...,...,......_--, ....7-• _....,_--- .7 ....„.......- ..........„- - _..7, v 7 __/- / 7 COUNTY OF GARFIELD, STATE OF COLORADO DETAIL SHEET 20 GRAPHIC SCALE 0 10 20 40 80 1 inch = 20 ft. LEGEND 0 SANITARY MANHOLE ® WELL (-0__) UTILITY POLE/POWER POLE OE OVERHEAD POWER LINE U▪ cC EEO D ix 0 evN 11.1 OR 534-06700 IN METRO DENVER Lij wOOZ NO. DATE REVISION BY CHECKED BY: ob E2 re 0 11) 11) u4 z LL, w z w c9 a in In W 0 0 L 1 JINI2 0: ci);1 :I" 031 0 row> 8 <, ,,_,:, z Cl re PROJECT NO. 2161703 THE LANDS WO INC, landscape architecture land planning communlly planning 365 River Bend Way • Glenwood Springs, CO 81601 • Tel 970 927 3690 • landstudio2@comcast.net December 29, 2016 Kathy Eastley, AICP Senior Planner Garfield County Community Development 108 8th Street, #401 Glenwood Springs, CO 81601 Re: Velasquez Minor Subdivision Garfield County File Number MISA-10-16-8496 Dear Kathy, Please find enclosed a response to a request for clarification of Velasquez Minor Subdivision issues in you December 14, 2016 letter to The Land Studio, Inc. Specifically, responses for additional information are included below in bold. 1. The Application does not appear to be generally conforming to the Comprehensive Plan based upon the information provided in the submittal. The site is located within the Residential Low Density Designation of 10+ acres per dwelling unit and the proposal is for 5.5 acres per dwelling unit, a significant variation from the low density designation. Additionally, there is no discussion of how the project may otherwise be considered as general conforming to the Comprehensive Plan - there is no evaluation of the Plan Elements or discussion of how the project may meet the Comprehensive Plan. Page 26 of the Application submittal contains a section addressing section 7-102. Comprehensive Plan and Intergovernmental Agreements. Please refer to the Application for a response on this issue. Additionally, below is an expansion of the Comprehensive Plan discussion. While the density proposed in this Application is greater than 10+ acres per dwelling unit, the Application still meets the following Comprehensive Plan goals: • Urban Growth Areas and Intergovernmental Coordination As this Application is for 2 dwelling units in the rural area of Garfield County each on 5+ acre Lots, the proposed density does not require urban services requiring it to be located in areas where urban services are or can readily be made available. The Land Studio, Inc. 2 The proposed 2 Lot Minor Subdivision is compatible with the existing zoning and compatible with the existing neighborhood containing similar densities. This plan retains rural character in rural Garfield County outside of Urban Growth Area limits. • Housing This Application intends to provide a choice of smaller more affordable rural parcels that will be more attainable than 10-35 acre parcels. • Transportation This Application proposes to add one additional residence on County Road 113 and will not require any additional intersections or access points. A Traffic Impact fee for one additional Lot will be paid at Building Permit to ensure that county roads are constructed and maintained on a safe, and fiscally sustainable basis. • Recreation, Open Space, and Trails While this property does not contain public access to trails and public lands, it does define building envelopes that will act as a tool for the protection of environmentally sensitive areas of the property including riparian areas along Cattle Creek and steep slopes. • Agriculture This Application will preserve the rural character of the area by allowing 2 moderately sized parcels to continue with existing agricultural uses in order to preserve the rural scenic quality in the Cattle Creek area, and the rural visual corridor along County Road 113. • Water and Sewer Services The Applicant will ensure the provision of legal, adequate, dependable and cost-effective water services for the proposed Lot with use of an existing well and Augmentation Tank storage water right. Onsite Wastewater Treatment will be designed by a qualified engineer to be as environmentally sensitive as possible and appropriate for the site specific soils conditions. • Natural Resources The Land Studio, Inc. 3 The Applicant has placed a building envelope on the two proposed Lots in an effort to limit disturbance of natural areas, drainage patterns, wildlife habitat, and steep slopes. • Mineral Extraction No mineral extraction project is proposed with this Subdivision Application. 2. Section 4-203 M.1.b.(5.) - Water Quality issues were identified in the testing of the well however these issues have not been adequately addressed. It appears that water treatment is required to assure compliance with the safe water drinking standards, however insufficient information was provided regarding treatment methods that would allow the water to meet minimum standards. The Application proposes that a Culligan system, currently utilized in the existing home, will be sufficient to serve the new Lot, however no data or analysis was provided to indicate that this method of treatment would bring the well water into compliance with the required minimum safe drinking water standards. For example, we have seen other Applicants provide a letter from a qualified professional stating the specifications of a system that needs to be installed to allow for the water quality to meet the minimum standards. The Applicant commits to the following based on recommendations from Morgan Hill, Environmental Health Specialist III, of the Garfield County Public Health Department: Onsite Wastewater Treatment Systems: Wastewater systems located on the property will adhere to Garfield County's standards, will not be located in the 100 -year floodplain of Cattle Creek, and will meet the setback requirements outlined in the regulations. Based on nearby soils, the soil treatment area should be sufficient; however, if a percolation test on the property and soils analysis indicates that soils are not ideal, additional OWTS engineering will be considered at Building Permit. Drinking Water Quality. The Applicant accepts the recommendations of Resource Engineering based on their analysis of drinking water quality for the new home proposed for lot 2 of the subdivision. The Applicant will treat the water for domestic uses using additional methods such as nanofiltration, water softening, and disinfection. Cattle Creek Water Quality impairments. Building envelopes for Lot 1 and Lot 2 have been defined on the Plat outside of environmentally sensitive areas of the site including the Cattle Cree floodplain, riparian areas, and stream banks. A drainage and erosion control plan will be included as part of a Building Permit Application for any new residential construction on Lots 1 and 2. Natural and Geologic Hazards. Property owners will pay close attention to potential hazards related to soils and drainages in construction of the new building. Professionally engineered debris flow mitigation, drainage The Land Studio, Inc. 4 control, and erosion control will be included as part of a Building Permit Application for any new residential construction on Lots 1 and 2. 3. The application proposed to share a well, Permit Number 755578. However this well is not currently permitted to serve two dwelling units. We understand that the adjudicated water rights and plan for augmentation would allow for issuance of a shared well for the site, as proposed in the application. However the legal water Supply is currently pending and Staff will recommend a condition of approval that prior to Board signature on the plat the amended well permit will be submitted to Garfield County. The Applicant agrees to this condition of approval. 4. The two lots are proposed to share a driveway off of CR 113, and an access easement is proposed to be created by the plat. Two issues result: a. The easement does not appear to be "tied' and is therefore is not reproducible. Either include a metes and bounds description of the easement on the plat or tie the easement sufficiently. The access easement has been tied to the northern property line on the plat. b. The sharing of access will require some documentation regarding maintenance responsibilities, etc., typical of a driveway sharing agreement. Please submit supplemental information addressing this issue. The Velasquez Minor Subdivision Driveway Sharing Agreement that addresses driveway sharing and maintenance responsibilities is attached. 5. Creation of easements on plats will require that a plat note be added that describes the purpose of the easement, who the easement is being dedicated to, who can utilize the easements and any other information necessary to clarify the use of the easement. This will be applicable to the common access easement and the water tank easement. Plat notes have been added that describe the purpose of the above easements, who they are dedicated to, and who can utilize them. 6. Section 7-405 - The Land Use Code requires calculation of Road Impact Fees, please refer to the calculation worksheet (included) for determination of the fee to be paid. Based on a December 21, 2016 email from Tamra Allen, this Application is scheduled to be approved on January 4, 2017, which means that it will be subject to the County's recently adopted road impact fee schedule that becomes effective January 1, 2017. The County's new fee schedule will not collect impact fees at the time of subdivision, but will collect fees at the The Land Studio, Inc. 5 time of Building Permit. In short, this means we will not need to complete the worksheet at this time. 7. Section 7-201 E. - Irrigation Ditches exist on the property as shown on the plan. Pursuant to 7-201 E. an applicant must provide information relative to the ditch including any necessary maintenance easements, a letter from the ditch owner/company regarding the proposed development, and its potential impact on the ditch. Please include name and contact information for the ditch owner/company or any correspondence that has occurred with regard to the subdivision. The Shaeffer Irrigation Ditch runs along the northern edge of the property just south of County Road 113. George Dixon, President of the Shaeffer Ditch Company, has been notified of the Application and the Applicant has not received correspondence from him at this time. 8. The submitted Impact Analysis response to site features states that "steep slopes exist on the parcel outside of the building envelopes..." - however it does not appear that the plat is designating building envelopes on the lots. Please respond as this is a critical issue regarding County administration of setbacks and buildable area of the sites. The Applicant has refined the Velasquez Minor Subdivision Plat to include Building Envelopes for Lot 1 and Lot 2. The Building Envelopes exclude sensitive areas of the site including 100 -year floodplain, Cattle Creek riparian areas, and steep slopes. 9. The Impact Analysis requires that an Applicant evaluate characteristics of the site. The analysis provided did not include evaluation and mitigation of geologic hazards. These are based upon Garfield County GIS Mapping which indicates that the site is located within hazard areas including Steep Slopes, Septic Constraints, and All Major Hazards Area. Please see attached maps and respond accordingly. The Applicant has refined the Velasquez Minor Subdivision Plat to include Building Envelopes for Lot 1 and Lot 2. The Building Envelopes exclude sensitive areas of the site including 100 -year floodplain, Cattle Creek riparian areas, and steep slopes. Property owners will pay close attention to potential hazards related to soils and drainages in construction of the new building. Professionally engineered debris flow mitigation, drainage control, and erosion control will be included as part of a Building Permit Application for any new residential construction on Lots 1 and 2. Onsite Wastewater Treatment Systems: Wastewater systems located on the property will adhere to Garfield County's standards, will not be located in the 100 -year floodplain of Cattle Creek, and will meet the setback requirements outlined in the regulations. Based on nearby soils, the soil treatment area should be sufficient; however, if a percolation test on the The Land Studio, Inc. 6 property and soils analysis indicates that soils are not ideal, additional OWTS engineering will be considered. 10. The steep slopes of the property require further evaluation. Are they greater than 20%? 30%? If so, Section 7-207 F. requires additional studies. If Building Envelopes were to be proposed, limiting any development to those areas outside of sensitive portions of the parcel, these studies may be waived by the Planning Manager with adequate documentation. The Applicant has refined the Velasquez Minor Subdivision Plat to include Building Envelopes for Lot 1 and Lot 2. The Building Envelopes exclude sensitive areas of the site including 100 -year floodplain, Cattle Creek riparian areas, and steep slopes. The Applicant requests a waiver from the required studies identified in Section 7-207 F. as the Building Envelopes limit development to those areas outside of the sensitive portions of the parcel. 11. Documentation must be finalized and found acceptable to the County Attorney's Office, preferably prior to a decision being made on the application. These documents include: a. Driveway Sharing Agreement (it appears that one was not submitted). b. Well Sharing Agreement. c. Improvements agreement. The plat should include plat notes that refer to these documents with a blank reception number that will be filled in upon recording. The Velasquez Minor Subdivision Driveway Sharing Agreement, Well Sharing Agreement, Improvements Agreement, and Development Agreement are all attached and referenced on the Plat. Review of these will be coordinated with the Garfield County Attorney's Office. 12. Plat changes, in addition to those noted above: a. Staff has generally found the plat to be confusing, Sheet 1 area description appears to be an overall graphic of the site while Sheet 2 appears to only include detail of a portion of the site. A box has been added around the Building Envelope and easement area on the first Plat sheet and labeled to "See Sheet 2 for details". Sheet 2 is a detail of the easements and Building Envelope area. b. Sheet 2 of the plat does not include the entirety of the lot areas. Please include a match line and a third sheet to include all of the details of the remainder of the property. The Plat identifies the details within the Building Envelope areas of the site as new residential structures are required to reside within their Building Envelope. c. The plat should label the adjacent properties. The Plat has labeled adjacent properties. The Land Studio, Inc. 7 d. As discussed earlier in this letter, the ditch needs to be identified including Ditch Company ownership, width and other requirements of the LUDC. The ditch is identified on the Plat. e. Sheet 2 describes a shed and a propane tank on the property to the west of the Subject parcel. Why are they noted? Are these improvements part of the Velasquez parcel that encroach on neighboring property? These items are not a part of the Velasquez parcel and are noted only for context on the adjoining parcel. f. Standard plat notes are required on all plats in Garfield County. Please add the notes as included on the attached documentation (with the exception of the notes G, J and K). These Plat notes have been added. 9. Update all dates to 2017; The dates have been updated to 2017. h. The County Commissioner Certificate is not complete as it is missing the last line in the certificate. Please see attached. The Certificate of Dedication and Ownership is not complete as it is missing the last line in the certificate. Please see attached. Both Certificates have been updated. Thank you for this opportunity to respond to issues raised in your December 14, 2016 letter. We look forward to continued coordination of these issues as needed. Please call or email with any discussion and we would be happy to join you at Garfield County Community Development to discuss if helpful. Sincerely, THE LAND STUDIO, 1 ,/ A o /el ougla J. Pra to By: The Land Studio, Inc. 8 RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: VELASQUEZ MINOR SUBDIVISION DRIVEWAY SHARING AGREEMENT THIS AGREEMENT is made and entered into this day of , 2017, by and between KIM & ROBERT CLAY VELASQUEZ, ROBERT LEE & IDA MAE BEASLEY, & ROBERT ROSS VELASQUEZ (Owners), having an address of 3064 County Road 113 in Garfield County. WITNESSETH: WHEREAS, KIM & ROBERT CLAY VELASQUEZ, ROBERT LEE & IDA MAE BEASLEY, & ROBERT ROSS VELASQUEZ are the owners of certain property and a development to be commonly known as the Velasquez Minor Subdivision (the "Development"); WHEREAS, a driveway (hereinafter "Driveway") has been constructed within an access easement on New Lot 1 to serve New Lot 2; and WHEREAS, the parties by this Agreement desire to set forth their understanding concerning the future ownership, maintenance, operation, repair, replacement, and use of the Driveway and appurtenant facilities, and related matters. WHEREAS, The undersigned, being the owners of Lot 1 and Lot 2, according to the Velasquez Minor Subdivision Plat recorded in Book at Page of the real estate records of Garfield County, Colorado (the "Plat"), do hereby publish and declare that the following shall be a covenant that runs with the title to Lot 1 and Lot 2, shall be a burden thereupon and upon the owners at any time thereof and their respective successors, assigns and grantees for the benefit any party acquiring any manner of record interest in said Lot 1 or Lot 2: 1. Maintenance of Driveway. Unless otherwise agreed by the parties, the Lot 2 Owner shall maintain the driveway within the Lot 1 access easement for Lot 2 access as shown on the Plat. The Driveway shall be maintained in good repair on a year-round basis, including, but not limited to snow removal and repair of erosion (the "Maintenance"); provided, however, that the Lot 2 Owner shall not incur Maintenance expenses, which in any calendar year exceed $ 1,000.00 in the aggregate, or which exceed $300.00 for any single item, without obtaining the prior written consent of the Lot 1 Owner, which consent shall not be unreasonably withheld or delayed. If the Lot 1 Owner does not respond within ten (10) calendar days following receipt of a written request from the Lot 2 Owner for consent to an expenditure that exceeds these limits, the Lot 1 Owner shall be deemed to have consented thereto. The Lot 1 Owner shall reimburse the Lot 2 Owner for one-half (1/2) of the cost of the Maintenance within thirty (30) days of receiving a statement therefore from the Lot 2 Owner. Notwithstanding any other provision hereof, should the Driveway be damaged (other than ordinary wear and The Land Studio, Inc. 9 tear) which damage is attributable to either the Lot 1 Owner or the Lot 2 Owner, such as by the use thereof by heavy construction equipment, then the party responsible for such damage, shall, at its sole expense, promptly repair all such damage. 2. Indemnification and Insurance. The Lot 2 Owner shall at all times remain solely responsible for and shall indemnify, defend and hold harmless the Lot 1 Owner from and against any and all injuries, demands, damages to persons or property losses or judgments arising from use of the Driveway by the Lot 2 Owner and its invitees and guests. The Lot 1 Owner shall at all times remain solely responsible for and shall indemnify, defend and hold harmless the Lot 2 Owner from and against any and all injuries, demands, damages to persons or property losses or judgments arising from use of the Driveway by the Lot 1 Owner and its invitees and guests. Each of the Lot 2 Owner and the Lot 1 Owner shall obtain and maintain property and liability insurance insuring against such injuries, demands, damages to persons or property, losses or judgments in an amount equal to at least $500,000.00 per occurrence. Such insurance shall name the other party as an additional insured. Upon request, either party shall provide the other with proof of such insurance coverage. Such insurance shall provide that it may not be canceled for any reason as it affects the other party without at least thirty (30) days' prior written notice to such other party. 3. Defaults. Unless otherwise provided herein, in the event that either party hereto breaches any provision contained herein (the "Defaulting Party"), the other party (the "Nondefaulting Party") shall be entitled to give written notice of default to the Defaulting Party and shall provide a fifteen (15) day opportunity to cure the specified default. In the event that the default is not cured within such period of time, the Nondefaulting Party shall have the right, at its option, to cure such default and shall have the right to be reimbursed by the Defaulting Party for any reasonable costs it incurs in curing such default. Any reimbursement payments not paid within thirty (30) days after the Defaulting Party has received an itemized statement of such costs from the Nondefaulting Party, shall bear interest at one and one-half (V/2%) percent per month. In addition, the Nondefaulting Party shall have the right to place a lien on the property owned by the Defaulting Party for any amounts due under this Agreement that remain unpaid for a period of more than thirty (30) days after the Defaulting Party has received an itemized statement of such costs. 4. Notice. All notices required in connection with this Covenant shall either be (i) hand delivered; (ii) given by certified mail directed to the mailing address of the Lot 1 Owner or Lot 2 Owner, as the case may be; (iii) given by overnight courier directed to the mailing address of the Lot 1 Owner or Lot 2 Owner, as the case may be; or (iv) by facsimile transmission to the facsimile number of the Lot 1 Owner or Lot 2 Owner, as the case may be. All notices so given shall be considered effective (i) if hand -delivered, when received; (ii) if by certified mail, seven (7) days after deposit; certified mail postage prepaid, with the United States Postal Service; (iii) if by overnight courier, one (1) day after deposit with the overnight courier company; or (iv) if by facsimile transmission, upon receipt by the sending party of a machine -generated confirmation of a complete transmission of all pages. 5. Attorneys' Fees. In the event of any action for breach of, to enforce the provisions of, or otherwise involving this Covenant, the court in such action shall award a The Land Studio, Inc. 10 reasonable sum as attorneys' fees to the party who, in light of the issues litigated and the court's decision on those issued, was the prevailing party in the action. If a party voluntarily dismisses an action, a reasonable sum as attorneys' fees shall be awarded to the other party. In Witness Whereof, this Covenant has been entered into, published and declared to be a burden and a benefit, and to run with the land in perpetuity with the title to the properties above-described as of this day of , 2017. By: KIM VELASQUEZ By: ROBERT CLAY VELASQUEZ By: ROBERT LEE BEASLEY By: IDA MAE BEASLEY By: ROBERT ROSS VELASQUEZ STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) The foregoing Covenant was acknowledged before me this this day of , 2017 by WITNESS my hand and official seal. My commission expires: Notary Public The Land Studio, Inc. 11 RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: VELASQUEZ MINOR SUBDIVISION WELL SHARING AGREEMENT THIS AGREEMENT is made and entered into this day of , 2017, by and between KIM & ROBERT CLAY VELASQUEZ, ROBERT LEE & IDA MAE BEASLEY, & ROBERT ROSS VELASQUEZ (Owners), having an address of 3064 County Road 113 in Garfield County. WITNESSETH: WHEREAS, KIM & ROBERT CLAY VELASQUEZ, ROBERT LEE & IDA MAE BEASLEY, & ROBERT ROSS VELASQUEZ are the owners of certain property and a development to be commonly known as the Velasquez Minor Subdivision (the "Development"); WHEREAS, a water well (hereinafter "Well") has been constructed on New Lot 2, and operates pursuant to Colorado Division of Water Resources Well Permit No. , which provides up to 15 gallons per minute of water for fire protection, and domestic use within two homes, the irrigation of up to 21,000 square feet of lawn and for filling of the Velasquez/Beasley Augmentation Tank. WHEREAS, the owners of New Lot 2 each own an undivided 1/5 interest in the Well, the well permit, the pump and any appurtenant facilities; and WHEREAS, the owners of New Lot 1 own a non-exclusive easement for water and power conveyance from the Well to the boundary of New Lot 1 and New Lot 2; and WHEREAS, the owners of New Lot 2 own a non-exclusive water tank easement for access to the water tank on Lot 1; and WHEREAS, the parties by this Agreement desire to set forth their understanding concerning the future ownership, maintenance, operation, repair, replacement, and use of the Well and appurtenant facilities, and related matters. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the adequacy and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Ownership of Appurtenant Facilities. The owners of New Lot 1 and New Lot 2 shall each own an undivided one-half interest in and to the Well, well permit, pump, The Land Studio, Inc. 12 meter, and associated facilities for the withdrawal of water located at the Well. Each party shall be the sole owner of any facilities used solely by that party, including individual service lines and storage tanks. 2. Operation, Maintenance and Repair Costs. All operation, maintenance, replacement and repair costs associated with the Well, the pump, water tank, meter and associated facilities for the withdrawal of water from the Well shall be shared equally between the owners of New Lot 1 and New Lot2. The owners of New Lot 1 and New Lot 2 shall be solely responsible for the costs of maintenance, operation, repair, and replacement of any facilities used solely by that party, including individual service lines and storage tanks. Said owners agree to cooperate to enter into mutual agreements for the completion and payment of the costs of any maintenance, operation, repair, replacement, or improvement of common facilities. In the event the owners are unable to agree upon any required maintenance, repair, replacement, or improvement, either party shall be entitled to undertake the minimal maintenance, repair, replacement or improvement necessary and essential for proper functioning of the common facilities. In the event one owner determines to undertake such work, it shall notify the other owners in writing. The owner undertaking the work shall upon completion provide the other owners with a written statement of the work performed and the other owners' proportionate share of the costs. 3. Payment of Common Expenses. Each owner shall pay its proportionate share of common expenses within 30 days from the time a statement of expenses is presented for payment. In the event an owner fails to pay its share within 60 days of presentment, interest on the unpaid amount shall accrue at 10 percent per annum, beginning 60 days from presentment. In the event a party fails to pay any amounts due with interest thereon, within six months from the date of presentment for payment, the owner which has paid such costs and expenses shall be entitled to pursue any remedy available at law or in equity for a breach of this Agreement, and shall be entitled to reasonable attorneys' fees actually incurred to obtain and execute upon a judgment for collection. 4. Use of Water. Each owner shall be entitled to use water from the Well for any use authorized by the well permit. All such uses shall be made in accordance with the terms and conditions of the well permit. Each owner shall be entitled to use so much of the water from the Well as that party needs so long as diversions from the Well at no time exceed 15 gallons per minute. However, in the event that the well does not provide 15 g.p.m., each owner shall be entitled to a pro -rata share of the available water. 5. Waste. No owner shall waste water, and each owner shall exercise prudence and conservation in the use of water in order to allow for the efficient and beneficial use of the Well. 6. Fees. Each party shall also bear its own attorney's fees incurred in the implementation of this Agreement. However, in the event litigation is necessary to enforce the rights of the parties hereto, as between themselves, the prevailing party in such litigation shall be entitled to reasonable attorneys' fees and costs of suit actually incurred. The Land Studio, Inc. 13 7. Binding Effect; Covenant to Run with Land. This Agreement shall inure to the benefit of and be binding upon the owners of New Lot 1 and New Lot 2, their heirs, devisees, executors, administrators, assignees, transferees, and successors in interest. Upon execution by the parties, this Agreement shall be recorded in the records of the Garfield County Clerk and Recorder's Office, and shall run with the lands upon which water from the Well is used. 8. Complete Agreement. This document embodies the entire and complete agreement of the parties on the subject matter herein. No promise or undertaking has been made by any party, and no understanding exists with respect to the transaction contemplated, except as expressly set forth herein. All prior and contemporaneous negotiations and understandings between the parties are integrated and merged into this Agreement. 9. Amendment. This Agreement may be amended from time to time by a written instrument executed by all owners of interests in the Well. In Witness Whereof, this Covenant has been entered into, published and declared to be a burden and a benefit, and to run with the land in perpetuity with the title to the properties above-described as of this day of , 2017. By: KIM VELASQUEZ By: ROBERT CLAY VELASQUEZ By: ROBERT LEE BEASLEY By: IDA MAE BEASLEY By: ROBERT ROSS VELASQUEZ STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) The foregoing Covenant was acknowledged before me this this day of , 2017 by WITNESS my hand and official seal. My commission expires: Notary Public The Land Studio, Inc. 14 RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: VELASQUEZ MINOR SUBDIVISION DEVELOPMENT AGREEMENT AND VESTED RIGHTS This AGREEMENT, is made and entered into between the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GARFIELD, a body politic and corporate (the "County"), and KIM & ROBERT CLAY VELASQUEZ, ROBERT LEE & IDA MAE BEASLEY, & ROBERT ROSS VELASQUEZ (Owners). The County and Owner may hereinafter be referred to collectively as the "Parties." RECITALS 1. The Owner owns certain real property located in Garfield County, Colorado, more particularly described in Exhibit 1 (the "Property"). 2. The Owner has entered into a Land Use Application process with Garfield County for Administrative Review of a Minor Subdivision at 3064 County Road 113 in Garfield County. 3. On , , KIM & ROBERT CLAY VELASQUEZ, ROBERT LEE & IDA MAE BEASLEY, & ROBERT ROSS VELASQUEZ received approval for a Minor Subdivision memorialized in Resolution No. (recorded in the records of the Clerk and Recorder at Reception No. ). 4. The Development shall consist of a 2 lot subdivision, and shall constitute a "site-specific development plan" pursuant to CRS. Section 24-68-101, et. seq. ("Vested Rights Statute"). In accordance with the Approval Resolution, the Vested Rights Statute and Garfield County Land Use and Development Code Section 4-203(J) and 2-202, the BOCC hereby grants and confirms unto the Owner vested property rights, which shall run with the real property depicted on the "Site -Specific Development Plan" for a period of five (5) years, that is until , , for and with respect to: (a) all of those rights set forth in the Approval Resolution, as the same may be amended from time to time; and (b) the following specific rights existing under the Land Use and Development Code as in effect on , , 2017: (i) "Approval of this [Permit/Plan/Plat] shall create a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended." 5. In light of all relevant circumstances, including but not limited to the size of the Development, the projected timing of development and the existing uses, the height of the buildings shown in the Land Use Application deemed compliant with the zone district height standard, parking as shown on the site plans, site drainage, Floor Area Ratio and lot coverage, the Development shall be vested against any changes in The Land Studio, Inc. 15 the Garfield County Land Use Code which may be contrary to or in conflict with those rights described above. This Agreement shall be considered a "development agreement" as that term is used in C.R.S. 24-68-104, and shall include the right to develop and use the property identified on the in the manner permitted in the Approval Resolution. IN WITNESS WHEREOF the parties hereto have executed originals of this Agreement effective the latest date of execution set forth below. BOARD OF COUNTY COMMISSIONERS ATTEST: OF GARFIELD COUNTY, COLORADO Clerk By: DATE: KIM & ROBERT CLAY VELASQUEZ, ROBERT LEE & IDA MAE BEASLEY, & ROBERT ROSS VELASQUEZ By: KIM VELASQUEZ By: ROBERT CLAY VELASQUEZ By: ROBERT LEE BEASLEY By: IDA MAE BEASLEY By: ROBERT ROSS VELASQUEZ STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) The foregoing Covenant was acknowledged before me this this day of , 2017 by WITNESS my hand and official seal. My commission expires: Notary Public The Land Studio, Inc. 16 RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: VELASQUEZ MINOR SUBDIVISION IMPROVEMENTS AGREEMENT THIS IMPROVEMENTS AGREEMENT, ("Agreement") is made and entered into this day of , 2017, by and between KIM & ROBERT CLAY VELASQUEZ, ROBERT LEE & IDA MAE BEASLEY, & ROBERT ROSS VELASQUEZ (Owners), having an address of 3064 County Road 113 in Garfield County, and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, acting for the County of Garfield, State of Colorado, as a body politic and corporate, directly or through its authorized representatives and agents ("BOCC"). WHEREAS: A. KIM & ROBERT CLAY VELASQUEZ, ROBERT LEE & IDA MAE BEASLEY, & ROBERT ROSS VELASQUEZ are the owners of property and a development to be commonly known as the Velasquez Minor Subdivision (the "Development"); B. The Development is depicted on a plat entitled Velasquez Minor Subdivision Plat ("Plat"); C. The plan for the Development, as depicted on the Plat, includes, two (2) single-family residential lots identified as Lots 1-2 on the Plat; D. KIM & ROBERT CLAY VELASQUEZ, ROBERT LEE & IDA MAE BEASLEY, & ROBERT ROSS VELASQUEZ are the current owners of Lots 1-2 ("Owners"); E. The Owners have agreed to certain restrictions and conditions regarding the sale of certain properties and issuance of certain Building Permits to secure and guarantee Owners' performance under this Agreement; F. The Owners seek approval by the BOCC of the Development plan and Plat pursuant to the Land Use Regulations of Garfield County; G. The Owners represent that at the time of recording this Agreement all taxes and assessments upon all parcels of real estate described in this Agreement are paid in full. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: The Land Studio, Inc. 17 1. DEVELOPMENT PLAN. The Development shall consist of two single- family residential Tots, identified as Lots 1-2 on the Plat (collectively, "Lots"). 2. IMPROVEMENTS. The Owners agree to cause to be constructed and installed all development improvements contained in section 4 "Water Supply". No such Improvements shall be constructed until such time as they are identified on the plans marked "Approved for Construction", prepared by a qualified engineer. Lots 1 and 2 shall not be sold until the Improvements are constructed and installed to the satisfaction of the County. The Improvements shall be constructed and installed at the Owners' expense, including payment of fees required by the County and/or other governmental and quasi - governmental entities with jurisdiction. An estimate for the cost of construction of the Improvements prepared by High Country Engineering has been attached to and incorporated herein as Exhibit A ("Engineers Estimate of Probable Public Costs"). The Owners shall comply with all laws, regulations, orders, resolutions and requirements of the State of Colorado, Garfield County, all special districts and any other governmental or quasi -governmental authority with jurisdiction and this Agreement in the construction and installation of the Improvements. The BOCC agrees that if all Improvements are installed in accordance with this Agreement and all other requirements of this Agreement have been met; then the Owners shall be deemed to have satisfied all terms and conditions of the Approval and the Plat Documents with respect to the installation of Improvements. 3. SECURITY FOR SUBDIVISION IMPROVEMENTS. a. Subdivision Improvements Letter of Credit and Substitute Collateral. As security for Owner's obligation to complete the Subdivision Improvements, Owner shall deliver to the BOCC, on or before the date of recording of the Final Plat of the Subdivision, a Letter of Credit in the form agreed to be acceptable to the BOCC, attached to and incorporated in this SIA by reference as Exhibit C (LOC) or in a form consistent with the Uniform Commercial Code, C.R.S. § 4-1-101, et seq. and approved by the BOCC. The LOC shall be in the amount of $( full estimate ), representing the full estimated cost of completing the Subdivision Improvements, with a sufficient contingency to cover cost changes, unforeseen costs and other variables (not less than 10% of the estimated cost and as approved by the BOCC), [minus $(cost of completed improvements), the cost of Subdivision Improvements already completed as of the date of execution of this SIA, i.e. $(reduced amount), as set forth and certified by Owner's Engineer on Exhibit _ , to guarantee completion of the Subdivision Improvements. The LOC shall be valid for a minimum of six (6) months beyond the Completion Date for the Subdivision Improvements set forth above. The BOCC, at its sole option, may permit the Owner to substitute collateral other than a Letter of Credit, in a form acceptable to the BOCC, for the purpose of securing the completion of the Subdivision Improvements. The Land Studio, Inc. 18 b. Final Release of Security. Upon completion of all Subdivision Improvements, Owner shall submit to the BOCC, through the Community Development Department: i. Record drawings bearing the stamp of Owner's Engineer certifying that all Subdivision Improvements have been constructed in accordance with the requirements of this SIA, including all Final Plat Documents and the Preliminary Plan Approval, in hard copy and digital format acceptable to the BOCC; ii. Copies of instruments conveying real property and other interests which Owner is obligated to convey to the Homeowner's Association of the Subdivision at the time of Final Plat Approval; and iii. Written Request for Final Release of LOC, along with Owner's Engineer's stamp and certificate of final completion of improvements. c. The BOCC shall authorize a final release of the LOC after the Subdivision Improvements are certified as final to the BOCC by the Owner's Engineer and said final certification is approved by the BOCC. If the BOCC finds that the Subdivision Improvements are complete, in accordance with the relevant specifications, the BOCC shall authorize release of the final amount of security, within ten (10) business days following submission of the Owner's Written Request for Final Release of LOC accompanied by the other documents required by this paragraph 3.h. d. Notwithstanding the foregoing, upon Owner's Written Request for Final Release of LOC, accompanied by Owner's Engineer's certificate of final completion of improvements, the BOCC may inspect and review the Subdivision Improvements certified as complete. If the BOCC does so review and inspect, the process contained above, shall be followed. e. If the BOCC finds that the Subdivision Improvements are complete, in accordance with the relevant specifications, the BOCC shall authorize final release of security within ten (10) days after completion of such investigation. f. If the BOCC finds that the Subdivision Improvements are not complete, in accordance with the relevant specifications, the BOCC may complete remaining Subdivision Improvements, or institute court action in accordance with the process outlined above. 4. WATER SUPPLY. The Owners shall install and connect a water distribution system for potable water in accordance with this Agreement and the Improvements Plans dated , 2017, by High Country Engineering and that are on record at the Department of Building and Planning. All easements and rights-of- way necessary for installation, operation, service and maintenance of such water supply The Land Studio, Inc. 19 and distribution system shall be as shown on the Plat, and said easements and rights-of- way conveyed to the appropriate homeowners' association at the time of recording the Plat. 5. UTILITY EASEMENTS. The Development shall contain rights-of-way for installation and maintenance of utilities. Utility easements shall be dedicated by the Owner and accepted by the appropriate homeowners' association of the Development, on behalf of the association's members, on the face of the Plat and shall be identified in deeds conveying private roads to the appropriate homeowners' association. The grantee homeowners' association of the Development shall be solely responsible for the maintenance, repair and upkeep of said utility easements, unless otherwise agreed to with the utility companies. The BOCC shall not be obligated for the maintenance, repair and upkeep of any utility easements within the Development. In the event a utility company, whether publicly or privately owned, requires separate conveyance by deed or otherwise, the Owners shall also convey utility easements by separate document to be recorded with the Plat. 6. AS BUILT/RECORD DRAWINGS. Upon completion of the water supply infrastructure, the Owners shall provide as built/record drawings to Garfield County in hardcopy and digital format. 7. FEES IN LIEU OF DEDICATION OF SCHOOL LAND. Owners of Lot 1 shall make a cash deposit at the time of Building Permit application in lieu of dedicating land to the RE -1 School District in accordance with the provisions of Section 7-405 D, Payment In Lieu of Dedication of Public Sites, set forth in the Garfield County Unified Land Use Resolution of 2008, as amended. Said fee shall be transferred by the BOCC to the school district in accordance with the provisions of Section 30-28-133, C.R.S., as amended, and the Garfield County Unified Land Use Resolution of 2008. The Owners of Lot 1 agree that it is obligated to pay the above -stated fee, accepts such obligations, and waives any claim that Owner is not required to pay the cash in lieu of land dedication fee. The Owner agrees that Owner will not claim, nor is Owner entitled to claim, subsequent to recording of the Final Plat of the Subdivision, a reimbursement of the fee in lieu of land dedication to the RE -1 School District. 8. INDEMNITY. The Owners shall indemnify and hold the BOCC harmless and defend the BOCC from all claims which may arise as a result of the Development's installation of the Improvements and any other agreement or obligation of the Owners related to the Development required pursuant to this Agreement. The Owners, however, do not indemnify the BOCC for claims made asserting that the standards imposed by the BOCC are improper or the cause of the injury asserted, or from claims which may arise from the negligent acts or omissions of the BOCC or its employees. The BOCC shall be required to notify the Owners of the BOCC's receipt of a notice of claim or a notice of intent to sue, and the BOCC shall afford the Owners the option of defending any such claim or action. Failure to notify and provide such written option to the Owners shall extinguish the BOCC's rights under this paragraph. Nothing in this paragraph shall be construed to constitute a waiver of the Sovereign Immunity granted to the BOCC by Colorado statutes and case law. 9. SALE OF LOTS. No Lot may be separately conveyed prior to recording of the Final Plat in the records of the Garfield County Clerk and Recorder The Land Studio, Inc. 20 10. ENFORCEMENT. In addition to any rights which may be provided by Colorado statute and the provisions for release of security, it is mutually agreed by the BOCC and the Owners without making an election of remedies, or any purchaser of any lot within the Development shall have the authority to bring an action in the Garfield County District Court to compel enforcement of this Agreement. Nothing in this Agreement, however, shall be interpreted to require the BOCC to bring an action for enforcement or to withhold permits or certificates. Nor shall this paragraph or any other provision of this Agreement be interpreted to permit the purchaser of a lot to file an action against the BOCC. 11. VACATING THE PLAT. In the event the Owners fail to comply with the terms of this Agreement, the BOCC shall have the ability to vacate the Plat. 12. NOTICE BY RECORDATION. This Agreement shall be recorded in the Office of the Garfield County Clerk and Recorder and shall be a covenant running with title to all lots, tracts, and parcels within the Development. Such recording shall constitute notice to prospective purchasers or other interested parties as to the terms and provisions thereof. 13. SUCCESSORS AND ASSIGNS. The obligations and rights contained herein shall be binding upon and inure to the benefit of the successors and assigns of the Owners and the BOCC. 14. IDENTIFICATION OF CONTRACT ADMINISTRATORS AND NOTICE PROVISIONS. All notices required or permitted by this Agreement shall be in writing and shall be deemed effective when received by the recipient party via personal or messenger service delivery, facsimile transmission or United States certified mail (postage prepaid, return receipt requested), in all cases addressed to the person for whom it is intended at the address or facsimile number set forth below: OWNERS: KIM & ROBERT CLAY VELASQUEZ, ROBERT LEE & IDA MAE BEASLEY, & ROBERT ROSS VELASQUEZ BOCC: Board of County Commissioners of Garfield County, Colorado 108 Eighth Street, Room 401 Glenwood Springs, CO 81601 Phone: (970) 945-8212 Fax: (970) 384-3470 15. AMENDMENT. This Agreement may be modified from time to time, but only in writing signed by the parties hereto, as their interests then appear. The parties, however, may change the identification of notice recipients and contract administrators and the contact information, provided in Paragraph 14 above, in accordance with the notice provisions and without formal amendment of this Agreement. The Land Studio, Inc. 21 16. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which, when taken together, shall be deemed one and the same instrument. 17. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of or related to this Agreement shall lie with the District Court of Garfield County, Colorado, and this Agreement shall be construed according to the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have signed this Agreement to be effective upon the date of recordation of this agreement and the Final Plat for the Development. BOARD OF COUNTY COMMISSIONERS ATTEST: OF GARFIELD COUNTY, COLORADO Clerk By: DATE: KIM & ROBERT CLAY VELASQUEZ, ROBERT LEE & IDA MAE BEASLEY, & ROBERT ROSS VELASQUEZ By: KIM VELASQUEZ By: ROBERT CLAY VELASQUEZ By: ROBERT LEE BEASLEY By: IDA MAE BEASLEY By: ROBERT ROSS VELASQUEZ STATE OF COLORADO ) ss. COUNTY OF GARFIELD The foregoing Covenant was acknowledged before me this this day of , 2017, by WITNESS my hand and official seal. My commission expires: Notary Public The Land Studio, Inc. B&G BALCOMB & GREEN,pc A FULL SERVICE LAW FIRM SINCE 1953 September 6, 2016 Via Internet Douglas Pratte, ASLA The Land Studio Landstudio2@comcast.net Re: Velasquez Subdivision Dear Doug, Scott Grosscup Direct Dial (970) 928-3468 Receptionist (970) 945-6546 sgrosscup@balcombgreen.com This letter provides my opinion regarding the legal water supply for a proposed subdivision of a property owned by Tina Kim Velasquez, Robert Clay Velasquez, Robert Ross Velasquez, Robert Lee Beasley, and Ida Mae Beasley and located at 2906 County Road 113, Carbondale, CO 81623 (the "Property"). It is my understanding that the property owners will be applying to Garfield County to sub -divide the property into two parcels. The Property is currently served by a well, pursuant to well permit 155578, as the only well on a 10 acre parcel and limited to fire protection and household use within a single family dwelling. The property owners are in the process of applying to the Colorado Division of Water Resources to increase the use from the well within an additional dwelling unit consistent with the Water Court decree entered in Case No. 08CW40, attached. The water court adjudicated water rights and plan for augmentation in Case No. 08CW40 to provide a legal supply of water to serve two homes and irrigation of up to 21,000 square feet of lawn. The augmentation plan uses water under contract from the Basalt Water Conservancy District Contract No 555 as well as on-site storage from a water storage tank that can store approximately 15,000 gallons. Basalt Office: 211 Midland Avenue, Ste. 201 Basalt, CO 81621 Glenwood Springs Office: 818 Colorado Avenue Glenwood Springs, CO 81601 Aspen Office: 0133 Prospector Road, Ste. 4102E Aspen, CO 81611 P.O. Box 790, Glenwood Springs, CO 81602 • (970) 945-6546 • www.balcombgreen.com B&G BALCOMB & GREEN, PC A FULL SERVICE LAW FIRM SINCE 1953 Mr. Douglas Pratte September 6, 2016 Page 2 of 2 Upon the issuance of an amended well permit, the augmentation plan decreed in Case No. 08CW40 will provide a legal water supply to the Property sufficient for use in up to two dwelling units. Sincerely, BALCOMB & GREEN, P.C. By: cc: client Scott Grosscup Granted The moving party is hereby ORDERED to provide a copy of this Order to any pro se parties who have entered an appearance in this action within 10 days from the date of this order. DISTRICT COURT, WATER DIVISION 5, COLORADO 109 en STREET, SUITE 104 GLENWOOD SPRINGS, CO 81601 PHONE NUMBER: (970) 945-5075 James B. Boyd District Court Judge Date of Order attached EFII.FD Document CONCERNING THE APPLICATION FOR WATER RIGHTS OF: TINA KIM AND ROBERT CLAY VELASQUEZ, ROBERT LEE AND IDA MAE BEASLEY, AND ROBERT ROSS VELASQUEZ IN GARFIELD COUNTY, COLORADO. CO Garfield County District Court 9th JD Filing Date: Feb 24 2010 11:58AM MST Filing ID: 29731520 Review Clerk: Kathy Hall COURT USE ONLY CASE No. 08CW40 WATER DIVISION 5 FINDINGS OF FACT, CONCLUSIONS OF LAW, RULING OF REFEREE, AND JUDGMENT AND DECREE This matter came before the Court upon the Application of Tina Kim and Robert Clay Velasquez, Robert Lee and Ida Mae Beasley, and Robert Ross Velasquez (hereinafter "Applicants") for groundwater right, surface water right, water storage right, and plan for augmentation. The undersigned Referee has made such investigations as are necessary to determine whether or not the statements in the application are true, has become fully advised with respect to the subject matter of the Application and has consulted with the Division Engineer for Water Division No. 5. The Referee hereby makes the following determination and ruling as the Referee in this matter. FINDINGS OF FACT 1. The Applicants are Tina Kim and Robert Clay Velasquez, Robert Lee and Ida Mae Beasley, and Robert Ross Velasquez, c/o Kim Velasquez, 2906 CR 113, Carbondale, Colorado 81623. Applicants are represented in this matter by Balcomb & Green, P.C., P. O. Drawer 790, Glenwood Springs, Colorado 81602 (970) 945-6546. 2. Applicants filed an Application for Groundwater Right, Surface Water Right, Water Storage Right, and Plan for Augmentation on April 29, 2008 and an amendment thereto on January 16, 2009. The Application and Amendment were properly published in the resume for Water Division No. 5. All notices required by law have been properly made, including as required C.R.S. §37-92-302(3). 3. The Water Judge referred the Application to the undersigned as Water Referee for Water Division No. 5, State of Colorado, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, known as the Water Rights Determination and Administration Act of 1969. 4. The Court has given due consideration to the Division Engineer's Summary of Consultation dated December 22, 2008 and July 14, 2009. See C.R.S. §37-92-302(4). 5. All notices required by law have been made, and the Court has jurisdiction over the Application and over all of the parties in this case, who had standing to appear, even though they did not do so. 6. The Court finds that the relief requested herein is consistent with the relief originally requested in the Application and for which public notice was provided. CLAIM FOR UNDERGROUND WATER RIGHT 7. Ground Water Right. Velasquez/Beasley Well A. Legal Description. The Velasquez/Beasley Well is located in the SE1/4 SW1/4 of Section 10, Township 7 South, Range 88 West, of the 6th P.M. at a point 1,165 feet North of the South Section Line and 1,835 East of the West Section line of said Section 10. Section 10 is an irregular section. See Figures 1 and 2 which provide a vicinity map and detailed map of the structures claimed in this Application. River. B. Source. Groundwater tributary to Cattle Creek, tributary to the Roaring Fork C. Date of Initiation of Appropriation. January 17, 2008 (1) How Appropriation was Initiated. Field observation, and intent to appropriate water right. (2) Date Water Applied to Beneficial Use. N/A conditional right D. Amount Claimed. 0.033 cfs (15 gpm) conditional E. Use. Domestic use within two homes, fire protection, and irrigation of up to 21,000 square feet of lawn, and for filling of the Velasquez/Beasley Augmentation Tank described below for augmentation of domestic and fire protection uses. Case No. 08CW40 Findings of Fact, Conclusion of Law, Judgment and Decree Page 2 F. Remarks. (1) The Velasquez/Beasley Well, Permit No. 155578, is presently permitted as an exempt well pursuant to section 37-92-602(3)(b)(II)(A), C.R.S., as the only well on a residential site and for use within one home. This application requests a water right for this well to allow it to be used within two homes and for irrigation uses. Upon entry of a decree in this case and prior to use of the well within two homes and for irrigation uses, Applicant will apply for a new well permit consistent with the terms of this Application. (2) Pursuant to C.R.S. § 37-90-137(2)(b)(II)(B), Applicant has provided notice of this Application at least ten days before making the application to the owners of wells within 600 feet of the proposed well. CLAIM FOR SURFACE WATER RIGHT 8. Surface Water Right. Velasquez/Beasley Augmentation Tank Pump A. Legal Description: to be located within 200 feet of a point described as being in the SE1/4 SW1/4 Section 10, Township 7 South, Range 88 West of the 6th P.M. at a point 1,052 feet North of the South section line and 1,800 feet East of the West section line of said Section 10. Section 10 is an irregular section;. B. Date of Appropriation. January 17, 2008. How initiated. By field observation and formation of intent to appropriate water right. C. Amount Claimed: 0.033 cfs (15 gpm) conditional D. Use. Filling of the Velasquez/Beasley Augmentation Tank for augmentation of irrigation, domestic, and fire protection uses from the Velasquez/Beasley Well described above. E. Source. Cattle Creek CLAIM FOR WATER STORAGE RIGHT 9. Water Storage Right. Velasquez/Beasley Augmentation Tank A. Legal Description. The Velasquez/Beasley Augmentation Tank is located in the SE1/4 SW1/4 Section 10, Township 7 South, Range 88 West of the 6th P.M. at a point Case No. 08CW40 Findings of Fact, Conclusion of Law, Judgment and Decree Page 3 1,127 feet North of the South section line and 1,802 feet East of the West section line of said Section 10. Section 10 is an irregular section. See Figure 2. B. Date of Appropriation. January 17, 2008. How initiated. By field observation and formation of intent to appropriate water right. C. Amount Claimed: 0.05 acre feet, conditional. (1) Active Storage. 0.05 AF (2) Dead Storage. 0.00 AF D. Surface Area. N/A, underground storage tank. E. Length of Dam. N/A, underground storage tank. F. Use. Augmentation of irrigation, domestic, and fire protection uses from the Velasquez/Beasley Well described above. G. Rate of Filling. Not to exceed 0.033 cfs. H. Source. The Velasquez/Beasley Augmentation Tank will fill when it is in priority from either: (1) The Velasquez/Beasley Well; or (2) The Velasquez/Beasley Augmentation Tank Pump I. Remarks. The Velasquez/Beasley Augmentation Tank will consist of one or more underground storage tank(s) that will store approximately 0.05 acre feet. As a pre- fabricated underground storage tank, it will be constructed so as not to intercept groundwater. The Velasquez/Beasley Augmentation Tank(s) will be installed with low level, gravity flow release mechanism accessible to the water commissioner. Water released from the Velasquez/Beasley Augmentation Tank pursuant to the Plan for Augmentation claimed below will accrue to Cattle Creek, at a point located in the SE1/4 SW1/4 of Section 10, Township 7 South, Range 88 West of the 6th P.M. at a point 1,020 feet North of the South Section Line and 1,802 East of the West Section line of said section 10. Section 10 is an irregular section. CLAIM FOR APPROVAL OF PLAN FOR AUGMENTATION Case No. 08CW40 Findings of Fact, Conclusion of Law, Judgment and Decree Page 4 10. Plan for Augmentation. This Application requests approval of a plan for augmentation to account for out -of priority depletions associated with the Velasquez Beasley Well described above. A. Structures to be Augmented. Velasquez/Beasley Well B. Water Rights to be Used for Augmentation. Velasquez/Beasley Augmentation Tank, described above and from a water supply contract from the Basalt Water Conservancy District, in the amount of one acre foot of annual augmentation water releases from the sources described below to augment out -of -priority depletions. The contract amount includes an assumed ten percent transit loss associated with the augmentation releases. Actual transit losses will be determined and assessed at the time releases are made. (1) Information from previous decree for Green Mountain Reservoir 1. Source: Blue River, tributary of Colorado River 2. Legal description: located approximately 16 miles Southeast of the Town of Kremmling in Summit County, Colorado, and more particularly in all or parts of Sections 11, 12, 13, 14, 15, and 24 of Township 2 South, Range 80 West, and in Sections 17, 18, 19, 20, 21, 28, 29, and 34, Township 2 South, Range 79 West of the 6th P.M. 3. Adjudication Date: October 12, 1955 4. Appropriation Date: August 1, 1935 5. Case No.: 2782, 5016, and 5017 Court: United States District Court, District of Colorado 6. Decreed Amount: 154,645 acre feet 7. Decreed Uses: in accordance with paragraph 5(a), (b), and (c) of the section entitled "Manner of Operation of Project Facilities and Auxiliary Facilities" in Senate Document 80. (2) Information from previous decree for Ruedi Reservoir: 1. Source: Frying Pan River, tributary of Colorado River 2. 9, 11, and 14 through 18, Township 8 South, Range 84 West of the 6th P.M. The reservoir is located in portions of Eagle and Pitkin Counties. 3. Adjudication Date: June 20, 1958 4. Appropriation Date: July 29, 1957 5. Legal description: an on -channel reservoir located in Sections 7, 8, Case No. 08CW40 Findings of Fact, Conclusion of Law, Judgment and Decree Page 5 rights: Case No.: C.A. 4613 Court: Garfield County District Court 6. Decreed Amount: 102,369 acre feet (Originally decreed for 140,697.3 acre feet; reduced to 102,369 acre feet in Case No. W- 789-76) 7. Decreed Uses: generation of electric energy, domestic, municipal, industrial, irrigation and stock watering 8. By decree of the Water Court in Case No. 81 CW34, Ruedi Reservoir was decreed a refill right in the amount of 101,280 acre feet, conditional. In Water Court Case No. 95CW95, 44,509 acre feet was made absolute. (3) Information from previous decrees for Troy Ditch and Edith Ditch C'ti:reS;G Z."f�iJl�.• Lb/ Troy Ditch (r) Troy Ditch lst Enlg Troy Ditch 2nd Enig Edith Ditch Edith Ditch lst Enlg Troy Ditch Water System aka Lower Headgate (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) 370 3082 3082 =El 673 (2) 3082 08/25/1936 08/25/1936 06/20/1958 08/25/1936 06/20/1958 05/01/1906 05/01/1928 06/01/1942 05/01/1904 07/01/1946 5.10 10.80 11 6.20 15.50(3) I 1,D,M C,P 0.000 0.000 0.000 0.110 0.000 0.110 0.000 0.000 0.000 0.1320 0.000 0.1320 Originally diverted from Miller Creek. All others originally diverted from Frying Pan River. Alternate point for all priorities of Troy and Edith Ditches. Combined amount limited to 15.5 cfs and 453 AF of consumptive use, 300 AF of which can be stored I= Irrigation, D = Domestic, M = Municipal, C = Industrial and P = Piscatorial. Transferred to Edith Ditch Well in Case No. 80CW1 with 1.0 AF. Transferred to three springs on Cap K Ranch in Case No. 82CW189 (1.29 AF assumed to be included). Deeded to George Yates with 15.4 AF in 1983. 02 cfs and 10.60 cfs was included in Case No. 82CW357 for Ruedi South Shores augmentation plan. Deeded to Joan Wheeler in 1987 for diversion at the Troy Ditch lst and 2nd Enlargement (16.9 AF assumed to be included). Reserved for augmentation of Cap K Ponds with 5.52 AF. Case No. 91CW220. A total of 40.11 AF of the original 453.00 AF has been sold or transferred. In Case No. W-2281, Division 5, the Court decreed that 453 acre feet of annual consumptive -use credits were available to these ditches, and that 300 acre feet could be 0.095 0.200 0.115 0.050 0.060 0.520 0.064 0.134 0.077 0.000 0.000 0.275 0.035 0.073 0.042 0.018 0.022 0.190 10.393 2.410 N/A Case No. 08CW40 Findings of Fact, Conclusion of Law, Judgment and Decree Page 6 stored in an unnamed reservoir. The Basalt Water Conservancy District owns 412.89 acre feet of the 453 acre feet, and makes the water rights available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court. The Troy and Edith augmentation water can be delivered to the Frying Pan, Roaring Fork or Colorado Rivers by bypassing water at the headgate on the Frying Pan River. (4) Information from previous decrees for Robinson Ditch rights: . ^��7t iet.:.; ......._....:!.a"t,,_..,,........ .. _i.s.;::,::: {,:::,::,:<:„I ':,_::_E.c.,::n::: r e l t3 _....i. �..... ....l�:A. .. ... :.-.;.l,�_..r�:_- .'`. E”., =q . _t....q. . 5�x__.:_a.,_t'iuL_.,',.,:..- .a.3n:•r,i:a>..=i.:n...N...,.....r.L.: ..^_« rF:...: t. t .......:c.: __:', ._ ._. ..... . . �.. r..._ ..,. i-#Y'...^ <+r.•t-:'::r..::::. ::x ., ..__ +t:.:f.a•:rt•,—:e._•:..,t.,...._........:.... u.i ,, ....:x.. •:. :.: _' : ;:'. .. !:�. , :y�.'... ::: :_ : 0 . _.OW1J'17' . ...Y.:V�}}S� .0::.:.-� .... ;.....:..:...; r.:.' . :,r ! .: .. _. _.;. c,iliv:'4_:::-_.w.':r .-:.:.: ..: :.i .•::': .t =::...:.::.:.'a.:_:..'.�..:..t.:'.... .i.�..u�t '.,.n.. ' _.:..:.. ::..:.::.:''': i.'''ru ,..:A E. .' I::iY:`�i'.7 �:'�::."t:i''''''''' d •.'L•`rn;ri:.�';�Ta,�.9'. =g�l^ra^3•�. .� "a ;i=�':�•y��`"i'r'!.a 9•tti_ttl;_ i'.g; 3 __ � ..r... 06/15/1882 FF •�.� _�-h'1 ..i -.iv, _ d" , _ 1, q., .LL.1 :,»a,.: �- -,. -._.a — J� T._-W.�.^_fir. .-.:71"--,.. 4,7 :5^:t'af _ 32 : -...2_ �. �.•':: ROBINSON DITCH 5.00 1.21 05/11/1889 38 _......,f. 132 ROBINSON DITCH 2.50 0.60 05/11/1889 04/15/1886 140 132 ROBINSON DITCH 2.00 0.48 05/11/1889 11/15/1886 167 132 ROBINSON DITCH 10.70 2.59 12/29/1903 04/25/1899 212C 1061 ROBINSON DITCH 20.06 4.85 08/25/1936 04/25/1900 326 3082 (1) The BWCD owns 441 shares of Class 1 stock issued by the Robinson Ditch Company. The said 441 shares equal 24.16% of the total shares and are associated with 9.73 cfs of the 40.26 cfs decreed to the Robinson Ditch. (2) District Court in and for Garfield County 1. Legal Description of Point of Diversion: The point of diversion as decreed is located on the North bank of the Roaring Fork River one-half mile below the mouth of Sopris Creek in Section 11, T. 8 S., R. 87 West, 6th P.M. 2. Historic Use: Irrigation of approximately 137.2 acres of hay and pasture under BWCD's interest in the Robinson Ditch water rights. In Case No. 93CW319, the Court decreed that 360 acre feet of annual consumptive -use credits are associated with said irrigation. In that case, the Court also decreed a change of use of BWCD's Case No. 08CW40 Findings of Fact, Conclusion of Law, Judgment and Decree Page 7 Robinson Ditch rights to include augmentation. BWCD makes the credits available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court. C. Statement of Plan for Augmentation. This plan for augmentation replaces out - of -priority depletions from the domestic and irrigation uses from the Velasquez/Beasley Well. (1) Domestic Demands. Diversions for domestic uses within two homes, are estimated to be 350 gallons per home or 700 gallons per day from the Well. Yearly diversions are estimated to total 0.784 acre feet. Domestic diversions will return to the stream via ISDS system(s) with anticipated depletions of 15 percent. Total monthly depletions are estimated at an average of 0.010 acre feet per month, or 0.118,acre feet per year. Estimated diversions in acre feet are as follows: Jan. Feb. Mar. Apr. May June Jules Aug. Sep. Oct. Nov. Dec. 0.067 0.060 0.067 0.064 0.067 0.064 0.067 0.067 0.064 0.067 0.064 0.067 (2) Irrigation Demands. Diversions for irrigation uses for 21,000 (0.482 acre) square feet of lawn and landscaping will require 1.34 acre feet per year. Evapotranspiration calculations were based on a Modified Blaney-Criddle Method according to the Pochop Method. This analysis indicates a net irrigation requirement of 2.22 feet per acre, or 1.07 acre feet for Applicants' 0.482 acre to be irrigated. Assuming an irrigation application efficiency of 80 percent, total irrigation diversions from the Velasquez/Beasley Well will total 1.34 acre feet. Estimated monthly diversions in acre feet are as follows: Jan. Feb. Mar. Apr. May June July Aug. Sep. Oct. Nov. Dec. 0.000 0.000 0.000 0.081 0.192 0.280 0.289 0.247 0.173 0.075 0.000 0.000 (3) Delayed Depletions. The Velasquez/Beasley Well is located in the alluvium and within 110 feet and the irrigated area is with 250 feet of Cattle Creek. Diversions and return flows will occur at the same general location. Applicants have had a Glover analysis performed on the Well and concluded that there are no lagged effects from the well due to its proximity to Cattle Creek and boundary conditions. D. Replacements. This plan for augmentation considers two call scenarios. The first considers the Cameo Call, which includes a number of downstream agricultural water rights on the Colorado River near Grand Junction. The second considers a call on Cattle Creek, below Applicants' point of diversion. Case No. 08CW40 Findings of Fact, Conclusion of Law, Judgment and Decree Page 8 (1) Cameo Call. During average and dry years, the Cameo rights have placed a call one week in April and May, two weeks in June, July through October, and one week in November. When a call has been made on the Colorado River or Roaring Fork River downstream of the confluence of Cattle Creek and the Roaring Fork River, BWCD contract water will be released in an amount sufficient to offset the depletions from the Velasquez/Beasley Well. The storage releases shall mitigate the potential injury to the stream downstream of the confluence of Cattle Creek and the Roaring Fork River, thereby allowing Applicant to continue diversions from the Velasquez/Beasley Well. A schedule of releases to offset depletions in the event of anticipated calls from the Colorado River is attached as Table 1. (2) Cattle Creek. Cattle Creek. Senior water rights between the Velasquez/Beasley Well and the confluence of Cattle Creek and the Roaring Fork River may also place a call. Applicants have estimated a dry -year call scenario from mid-June through October. In the event a call is placed on Cattle Creek, Applicants will curtail all outdoor irrigation uses from the Velasquez/Beasley Well. Domestic depletions will be augmented by releases from the Velasquez/Beasley Augmentation Tank as shown in Table 2. (3) If the augmentation plan is operated as described above, there will be no injury to other vested water rights. (4) The transit losses associated with replacement releases in this decree, and described in Tables 1 and 2, are only for the purposes of establishing that the plan can operate and may be sufficient to prevent injury. Actual transit losses will be determined and assessed at the time releases are made and may be modified per CRS 37-80-102(7) and CRS 37-83-104 as determined necessary by the Division Engineer. (5) Pursuant to C.R.S. §37-92-305(8) the plan for augmentation is sufficient to permit the continuation of diversions when curtailment would otherwise be required to meet a valid senior call for water, because the Applicants will provide adequate replacement water necessary to meet the lawful requirements of a senior diverter at the time and location and to the extent that the senior would be deprived of their lawful entitlement by the Applicants' diversion. 11. Anpropriative Rights of Exchange. Applicant requests confirmation of appropriative rights of exchange to replace the out -of -priority depletions loses from the water rights described herein by releases from Ruedi Reservoir or Green Mountain Reservoir. A. Downstream termini: For releases from Green Mountain Reservoir, the downstream terminus is the confluence of the Colorado and Roaring Fork Rivers for Case No. 08CW40 Findings of Fact, Conclusion of Law, Judgment and Decree Page 9 releases from Green Mountain Reservoir located in the SE1/4 of the NW1/4 of Section 9, Township 6 South, Range 89 West of the 6th P.M., at a point approximately 2,200 feet from the north section line and 2,350 feet from the West section line. For releases from Ruedi Reservoir, the downstream terminus is the confluence of the Cattle Creek and the Roaring Fork Rivers located in the NE1/4 of the NE1/4 of Section 12, Township 7 South, Range 88 West of the 6th P.M., at a point approximately 1205 feet from the North section line and 842 feet from the East section line. Section 12 is an irregular section. B. Upstream terminus: The upstream terminus is located on Cattle Creek in the SE1/4 SW1/4 of Section 10, T7S, R88W, 6th P.M. at a point 1154 feet from the South section line and 1992 feet from the West section line. C. Maximum rate of exchange: Not to exceed 0.033 cfs (conditional); maximum volume of 1.0 acre foot annually based on diversions. D. Date of appropriation: April 30, 2008 E. How appropriation was initiated: Filing of Application F. Remarks: Applicant shall give notice to the Division Engineer prior to operation of the exchange decreed herein. 12. Names and addresses of owners or reputed owners of the landn which any new diversion or storage structure. or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool. The water rights claimed herein are located on lands owned by the Applicants. CONCLUSIONS OF LAW 13. To the extent they constitute legal conclusions, the foregoing Findings of Fact are incorporated herein. 14. The Application is complete, covering all applicable matters required pursuant to the Water Right Determination and Administration Act of 1969, C.R.S. §§37-92-101 through —602. 15. Applicants have fulfilled all legal requirements for a decree for the requested water rights and plan for augmentation including C.R.S. §§37-92-302 and 37-92-305. 16. The Court hereby concludes the Applicants have established that water can and will be diverted under the subject conditional water rights and will be beneficially used, and that this water supply project can and will be completed with diligence and within a reasonable time. Case No. 08CW40 Findings of Fact, Conclusion of Law, Judgment and Decree Page 10 17. The conditional water rights decreed herein are individual components of Applicants' integrated water supply system. Consequently, in subsequent diligence proceedings, work on any one feature of Applicants' supply system shall be considered in finding that reasonable diligence has been shown in the development of water rights for all features of Applicants' water supply system, see C.R.S. §37-92-301(4)(b). 18. If operated in accordance with the terms and conditions of this decree, the plan for augmentation described herein will prevent injury to senior vested or decreed conditional water rights. 19. The subject Application is in accordance with Colorado law. Applicants have fulfilled all legal requirements for entry of a decree in this case. RULING OF REFEREE 20. The foregoing Findings of Fact and Conclusions of Law are incorporated herein. 21. Conditional Water Rights Approved. The Court hereby approves and decrees: A. A groundwater right for the Velasquez/Beasley Well in the amount of 0.033 cfs (15 gpm) conditional. Applicant shall obtain a new well permit for the Velasquez/Beasley Well prior to operation of the well pursuant to this plan for augmentation. No such well permit shall be issued until the Velasquez/Beasley Augmentation Tank is constructed and filled with adequate replacement water pursuant to this plan. Applicant shall provide notice to the Division Engineer that the tank has been installed, which shall include an asbuilt capacity table, profile showing elevation of inlet and outlet structures, and confirmation that a lockable outlet structure has been installed for the Velasquez/Beasley Augmentation Tank. B. A surface water right for the Velasquez/Beasley Augmentation Tank Pump in the amount of 0.033 cfs, conditional; C. A water storage right for the Velasquez/Beasley Augmentation Tank in the amount of 0.05 acre feet, conditional; and D. An appropriative right of exchange in the amount of 0.033 cfs, conditional, up to one acre foot annually, as described herein. 22. Plan For Augmentation Approved. The Court hereby decrees and approves the plan for augmentation for the Velasquez/Beasley Well described herein. Case No. 08CW40 Findings of Fact, Conclusion of Law, Judgment and Decree Page 1 I A. The applicant shall install measuring devices, provide accounting, and supply calculations regarding the timing of depletions as required by the Division Engineer for the operation of this plan. The applicant shall also file an annual report with the Division Engineer by November 15th of each year summarizing diversions and replacements made under this plan. B. Pursuant to CRS 37-92-305(8), the State Engineer shall curtail all out -of - priority diversions, the depletions from which are not so replaced as to prevent injury to vested water rights. 23. Retained Jurisdiction. A. In consideration of the specific findings and conclusions made herein, and in conformance with C.R.S. § 37-92-304(6) (1990), as amended, the plan for augmentation decreed herein shall be subject to reconsideration by the Water Judge on the question of injury to the vested water rights of others for a period of beginning with the date of decree and extending until five years after the Applicant provides written notice to the parties, the Division Engineer, and the Court that the augmentation plan has become operational, and the augmented uses have attained 75% build -out. Such notice must confirm that the decreed augmenting sources are in place, that the terms and conditions necessary to operate the plan as required by the decree have been met, and that the augmented uses and augmentation have been initiated. For the augmentation tank to be used for augmentation, the notice shall include an as -built stage capacity table, and confirmation that an operable and lockable outlet structure has been installed. If no petition for reconsideration is filed within the period described in this Paragraph 24.A, retention of jurisdiction for this purpose shall automatically expire. B. Any party who wants the Court to reconsider the question of injury must file a verified petition with the Court, setting forth the facts that cause such injury and explaining the claimed injury. The party filing the petition shall have the burden of going forward to establish the prima facie facts alleged in the petition. If the Court finds those facts to be established, the Applicant shall thereupon bear the burden of proof to show (a) that any modification sought by the Applicant will avoid injury to other water rights, or (b) that any modification sought by the petitioner is not required to avoid injury to other water rights, or (c) that any term or condition proposed by Applicant in response to the petition does avoid injury to other water rights. 24. Review of determinations made by the Division Engineer or the State Engineer in administration of the underground water right, surface water right, storage water right, and plan for augmentation is a water matter over which the Water Court has exclusive jurisdiction. 25. Pursuant to Rule 9 of the Uniform Local Rules for All State Water Court Divisions, upon the sale or other transfer of the conditional water rights of the Velasquez/Beasley Well and Case No. 08CW40 Findings of Fact, Conclusion of Law, Judgment and Decree Page 12 the Velasquez/Beasley Augmentation Tank Pump, the transferee shall file with the Division 5 Water Court a notice of transfer which shall state: A. The title and case number of this Case No. 08CW40; B. The description of the conditional water right transferred; C. The name of the transferor; D. The name and mailing address of the transferee, and E. A copy of the recorded deed. The owner of the said conditional water rights shall also notify the Clerk of the Division 5 Water Court of any change in mailing address. The Clerk shall place any notice of transfer or change of address in the case file of this Case No. 08CW40 and in the case file (if any) in which the Court first made a finding of reasonable diligence. It is accordingly ordered that the foregoing Findings of Fact, Conclusions of Law, and Ruling of Referee shall be filed with the Water Clerk and shall become effective upon such filing, subject to judicial review pursuant to C.R.S. §37-92-304, as amended. It is further ordered that a copy of this Ruling of Referee and Judgment and Decree shall be filed with the State Engineer and the Division Engineer for Water Division No. 5. Done at the City of Glenwood Springs, Colorado this 21 " da of DetaRW 2009. BY THE REFEREA Lain Leoniak, Wa Water Division 5, State of Colorado JUDGMENT AND DECREE No protest was filed in this matter. The foregoing Findings of Fact, Conclusions of Law Case No. 08CW40 Findings of Fact, Conclusion of Law, Judgment and Decree Page 13 and Ruling of Referee is confirmed and approved, and is made the Judgment and Decree of this Court. The conditional water rights decreed herein shall be in full force and effect until 201_. If the Applicants wish to maintain the conditional water rights thereafter they shall file an application for a finding of reasonable diligence on or before that date, or make a showing on or before then that the conditional water rights have become absolute water rights by reason of the completion of the appropriation. Done this day of 200 . BY THE COURT: James B. Boyd, Water Judge Water Division 5, State of Colorado Case No. 08CW40 Findings of Fact, Conclusion of Law, Judgment and Decree Page 14 0 O w Eas E Q Total Aug. Requirement & Release' N -N 00000.-N 0 O -N 0 -N 0 1�0) 0 V7MCO 0 'Cr 0 CO 0 0.228 M1�e-N-1%. CO .-000U) 0 l's 0 •-•-CD 0 0 0 Total Depletions 0.010 0.009 -r- OON- O O co O c NN O - O 0.207 �t N- O 0.070 0.010 N-003 Oe O - r Irrigation Depletions 0.000 OOLc)o)f-1-000 O O 0 O O 0 CO O 0 in N - 0 N N 0 M N 0 CA N - 0 Cr) e - 0 Co O 0 0.000 0.000 CA t0 O In -House Use Consumptive Use O O O 0.009 O O O 0.010 0.010 o O O 0.010 00 O 0 O 0 0.010 0.010 oco O O 0 Month JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY !AUGUST SEPTEMBER OCTOBER !NOVEMBER DECEMBER TOTAL r t7 2 s U - 0 O Oj rn CO c O "8 CO _ ._.• M C V o 2). a) >: b c 0 0 2 U �-C 020 co aU M o aOm Q' co -o< 7 U `r vo) •-w fl. N w _0 o N7 s 3 3 o v w w o o a).5.„ "z >. .40 o c 4. � c U � aci O 7 O 3 cn7�:9Ua)cta w 0-+ o O flimAvcwo m� Z 7 o< E 7 gC N C0 7 7 0 0 o•v)0 0 uu)).0 1 Z( -)-/-0<0 .-E 0E : ' BWCD contract amount. w • 2 a a N 0 L1 N 4) L a U U z Z w w o Z N ZC w� w re 0 co w Case No. 08CW40, W.D. #5 N ea 0 d a) U a) U CI) a> o t. 41) Nw W Ca d E *— I CO co x m W Caa -a Q dd >-5 r;:e 0d a) Q End of Month Storage O 00000 00000 O O v Tr 0.041 0.031 0.021 0000 0000 0 0 0 Velasquez Augmentation Tank Fill 0.046 (0 v 0 0 Total Aug. Requirement & Release 0.000 0.000 0.000 0.000 0.000 10O 00 0o 0.010 0.010 O 0 0 0.000 0.000 0 o Total Depletions o O 0 0.009 0.010 0.074 (MO '- O 0.233 t N O N- CD N'- O O 0.070 0.010 oCO O 0 v.: Irrigation Depletions 0.000 O O r 0.000 O O 0.153 N O 0.231 CO O 0.138 O O O O 0.000 O v - In -House Use Consumptive Use 0.010 0.009 0.010 O 00 O O O 0.010 0.010 O 0 O 0.010 O 000 O O O O O 0.118 Month JANUARY FEBRUARY MARCH [APRIL >- 2 JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER CE w m 2 w 0 0 TOTAL rn T c c 7 E Z M Ci ir) O c _cc N 0 o V o Z FE N 0 m w 0 v) LIJ W °)a)•`- «m` Zo in .0W C � c vi U' N -ao c °E Zco co V '~ W ate) "o o N0 w o 4- N D Li Q u' N 0 0 c — CO Y W 0 C C « CG co ° '° / cr 00 'p co a E Y w O N a) N « _ccU) 1 a) ') N c CC 3im °c Y •V N o N U H E I- 5 N 1 v W 7 c y N ct c NQ N c o coU > mPI 0« 0 E m m c ZEco,cm,22 w 7 ¢ E W46 N U) ch a) cm o.v)o o v a) c- a' Z U= H U Q> w _ m N ,6 ,-U N O C ,-- E g. I..: � N Y Case No. 08CW40, W.D. #5 This document constitutes a piling of the court and should be treated as such. Court: CO Garfield County District Court 9th JD Judge: ANGELA LAIN STRAWN Current Date: Feb 24, 2010 Case Number: 2008CW40 Court Authorizer Comments: Any request for a further fording of reasonable diligence shall be filed in February 2016. /s/ Judge James B Boyd ALL SIRII�f 33 Four Wheel drive Rd Carbondale, Co 81623 970-309-5259 January 11, 2017 Project No. C1222 Julie Pratte The Land Studio jjpratte@comcast.net Onsite Wastewater Treatment System Planning Proposed Subdivision of Property 3064 Cattle Creek Road Garfield County, Colorado Julie, ALL SERVICE septic, LLC has reviewed the desired development plan and visited the subject property to assess onsite wastewater treatment system (OWTS) alternatives for a proposed subdivision of the property. The 10.95 -acre property is located outside of Glenwood Springs, in an area where OWTSs and wells are necessary. We have made some additions to the analysis, as requested by Garfield County Planning Department. The initial OWTS planning packet dated August 28, 2016 should be discarded and replaced with the documents dated January 11, 2017. Legal Description: Section: 10 Township: 7 Range: 88 TR IN LOT 14 CONT 10.0AC ALSO A TR CONT .95AC Parcel ID: 2393-103-00-047 EXISTING CONDITIONS A 4 -bedroom, single-family residence is currently developed on the eastern portion of the property. This residence is served by an OWTS designed by ALL SERVICE septic, LLC in 2008, Project No. 1532. This OWTS consists of one 1500 -gallon concrete septic tank with a pump in the second compartment. Effluent is pumped to four rows of 14 `Quick 4' Infiltrator® chambers. Please note the location of the existing OWTS as located on the previous High Country Engineering site plan was incorrect. The enclosed site plan indicates the correct location of the existing OWTS. The soil treatment area (STA) is located to the east of the existing driveway. PROPOSED DEVELOPMENT It is proposed that the property be subdivided, dividing the property from north to south. A 4 -bedroom, single-family residence on the western portion of the property is contemplated. Page 2 We have calculated approximate sizing of an OWTS that would serve the proposed future development assuming Soil Type 2 with a long term acceptance rate (LTAR) of 0.6 gallons/square foot (based on percolation tests and soils data obtained from ALL SERVICE septic, LLC documents dated 2008, enclosed). We recommend the STA consist of pressurized gravelless chamber trenches because of the higher level of treatment obtained by this type of application versus a gravity fed STA. Pressure dosing and chambers will allow a reduction in total square footage of the STA. Garfield County requires a Professional Engineer design any OWTS that utilizes a pump. Design Calculations: 4 -bedrooms = 525 GPD 525 GPD / 0.6 gal/SF = 875 SF 875 SF x 0.8 (pressure dosed trenches) x 0.7 (chambers) = 490 SF 490 SF / 12 SF/chamber = 41 chambers The OWTS may include a minimum 1500 -gallon, two-compartment septic tank with a pumping system in the second compartment of the septic tank. The soil treatment area (STA) may consist of three trenches, each consisting of 14 `Quick 4' Infiltrator® chambers for a total of 42 chambers and 504 square feet of infiltrative area. There must be at least 6 -feet of undisturbed soil between each trench. This would result in an approximate footprint of 21' x 56'. Alternative designs may be considered. If assumptions about the soil type are found to be incorrect or if design configuration or technology choices are modified, the footprint of the STA is subject to change. Minimum setback requirements to any OWTS component must be considered. House to STA = 20 feet STA to unlined irrigation ditch = 50 feet STA to lined ditch = 10 feet STA to well = 100 feet Septic tank to well = 50 feet OWTS Component to property line = 10 feet There are two primary lateral ditches and multiple off -shoots within 50 -feet of the possible locations for the proposed STA. One primary ditch runs approximately 35 -feet south of the northern property boundary and the other within 10 -feet of the west property boundary on the adjoining property to the west'. 1 This ditch is located on the adjoining property to the west. Lining or placing this ditch in a culvert will require permission from the property owner. Page 3 If placement of the STA encroaches on the minimum required 50 -foot setback, the ditch(es) must be lined or placed in a culvert. We have indicted the potential length of the ditch that may need to be lined or placed in a culvert, depending on the location of the STA, in the enclosed site plan. Option #1 entails lining of both the northern and western laterals for a total of approximately 390 -feet (indicated in YELLOW). Option #2, considering placement 50 -feet south of the northern lateral, would require lining or placing the western lateral in a culvert for approximately 175 -feet (indicated in GREEN). Smaller ditches on the property will be either abandoned, relocated, lined or placed in a culvert if they come within 50 -feet of the proposed STA. The exact location or footprint of the residence has not yet been determined. Once placement of the house is finalized, this will dictate placement of the OWTS components, and all setbacks will be considered and outlined in the OWTS Design documents which will be used in conjunction with an OWTS Permit issued by Garfield County at the time of Building Permit issuance. Please call with questions. Sincerely, ALL SERVICE septic, LLC 0.001,(o_ OV-bf-Ls Carla Ostberg, MPH, REHS Reviewed By: VIS 01 INI1 J.1d]d0dd WOdH ,0 L 'NIW 0 0 Z7 ice > 1 ,_.... _\\ I 1 y\'63, , \ ///<\' \ 1 I -----_____________________-_---2---—_ _—_—_.\,\\ , \ . \ wF\ II \ -(13 \ z—. -----,_=—=—\%\\\\\0(111v J 1 1 ic,11:11 ' 1 r \\ \\ II / ) _. / E 2 -.\\\\00m\1c jATT 1�� VIII Eiji / \ \\\\\ IIII/ \\\\\\/ �� dOd 1�]A1NO A /J , (/ moi O O 1, JJl11!'1 1i GARFIELD COUNTY ENVIRONMENTAL HEALTH Percolation Test and Soils Data Form - TABLE 1 - DEPARTMENT PROJECT 1532 PROFILE PIT 0-11 1'-8.0' Date Sandy Root Zone Sand, Clayey, Dense, Moist, Brown / Grey Scattered Rocks up to 8 -inches in diameter No Groundwater or Bedrock was Encountered of Test: 9/06/2008 Hole Hole Interval Measurement at Measurement at Change (in.) No. Depth (in.) (min.) Start of Interval End of Interval (in.) (in.) Percolation Rate (min.hn.) MPI 1 33 20 2.50 20 4.00 20 5.00 20 6.00 fill 20 3.50 20 4.50 2 37 20 1.75 20 3.25 20 4.00 20 5.00 20 5.75 20 6.50 3 39 20 2.50 20 4.00 20 5.25 20 6.00 20 7.00 20 7.75 4.00 5.00 6.00 7.25 4.50 5.50 3.25 4.00 5.00 5.75 6.50 7.25 4.00 5.25 6.00 7.00 7.75 dry AVG = 25 MPI 1.50 1.00 1.00 1.25 1.00 1.00 1.50 0.75 1.00 0.75 0.75 0.75 1.50 1.25 0.75 1.00 0.75 20 27 27