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Home My WebLink About2.0 Supplemental Informationtfr ATTORNEYS & COUNSELORS AT LAW RICHARD Y. NEILEY JR. November 6, 2018 Via Hand Delivery Glenn Hartmann, Principal Planner Garfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Re: File No. CICA-09-18-8683 Dear Glenn: This is in response to your letter of October 15, 2018 in which you request additional information regarding the Application for Approval of a Common Interest Community, approval of Condominium Documents, that we originally submitted on February 12, 2018. The purpose of this letter is to supplement our Application pursuant to your letter. In this regard, I would again note that we are not seeking a subdivision or a division of land but a statutorily authorized condominiumi- zation of the subject real property. Garfield County does not have any land use regulations directly applicable to the condominiumization of existing, developed properties. Therefore, at the direction of staff, the original Application was submitted under Section 5-306 of the Land Use and Development Code even though that Code section relates to subdivision of land for condominiums and is, therefore, not directly applicable to our proposed condominiumization. As you know, as part of the land use review process, the County required us to seek a Variance from the Board of Adjustment from minimum lot size per dwelling unit. That Variance, represented by Resolution No. 02, Series of 2018,.was approved on June 25, 2018. I received a copy of that Resolution on Friday, November 2, 2018. Approval of the Variance was a condition required for finalizing the Condominium Map that has now been satisfied. Per your request, I am addressing the following topics: RFTA Settlement: We have also completed the required resolution of the boundary dispute with RFTA. I attach hereto the Settlement Agreement and Release attaching the Bargain and Sale Deeds by which the boundary line dispute was resolved. These documents were recorded on September 4, 2018 and completely resolve the boundary dispute. This satisfies condition 5A of the Variance Resolution. Please respond to: 6800 Highway 82, Suite 1 • Glenwood Springs, CO 81601 • 970-928-9393 Email: aspenlaw@neileylaw.com Aspen office: 420 East Main Street, Suite 230 • Aspen, CO 81611 • 970-925-9393 Glenn Hartmann November 6, 2018 Page 2 Title Commitment: We have requested an updated title commitment to reflect the RFTA Settlement Agreement. A title commitment will not confirm that the legal description remains consistent with the description on the Exemption Plat however, as only a surveyor can make that determination.' The legal description will change slightly based on the Settlement Agreement. Attached hereto is an email dated November 2, 2018 and depiction of the property from our surveyor, Jason Neil which shows a slightly different common boundary line description based on RFTA's survey monuments. This email and depiction also confirm that our lot size will increase by approximately .011 of an acre. This is consistent with the requirements of paragraph B2 of the Variance Resolution. The revised description of the common boundary with the RFTA right-of-way will be reflected on the final Condominium Map.. Agreement to Pay For: A signed copy of the form is attached. List of Properly Owners: An updated list of property owners within 200 feet is attached. Mineral Rights: My letter regarding mineral rights is attached. There are no current mineral right holders. We own all the mineral rights. Water Supply: A copy of our Well Permit and related documentation is attached. We own adjudicated water rights of up to 60 gallons per minute for domestic purposes. The water rights were established with an appropriation date of January 25, 1966. The four A frames on the property were constructed in 1966, which pre -dates the Colorado Division of Water Resources authority to regulate well permits. The well constitutes a legal and adequate source of water for the property. Although I am not aware of any regulation that requires a submittal of a "complete water supply plan" in the context of condominiumization (without subdividing the land) to the extent that the County may deem this part of the review criteria, we request a waiver under Section 4-202 of the Land Use and Development Code. There is good cause for the requested waiver. There is no specific review criteria or review standard requiring such a plan in connection with approval of condominiumization. The existing water system is legally permitted and has been in place, sufficient to serve the needs of the property since 1966. The small size of the project, the lack of any impacts and the historic use of the property all support this request for waiver. OWTS System: Our OWTS permit associated with the installation of the new 2000 gallon septic tank on the property is attached hereto. That tank was installed, inspected and approved in 2017. There are no other OWTS permits for the property that can be located at the present time. The existing system is fully functional and is subject to periodic maintenance. The Condominium Declaration expressly calls for ongoing maintenance and care of the system. Although I am not aware of any regulation that requires a submittal of a "waste water management plan" in the context of condominiumization (without subdividing the land) to the extent that the County may deem this part of the review criteria, we request a waiver under Section 4-202 of the Land Use and Development Code. There is good cause for the requested waiver. There is no specific review criteria or review standard requiring such a plan in connection with approval of condominiumization. The existing waste water system is permitted and has been in place, sufficient Glenn Hartmann November 6, 2018 Page 3 to serve the needs of the property since 1966 with significant upgrades in 2017. The small size of the project, the lack of any impacts and the historic use of the property all support this request for waiver. Subdivision Improvements Agreement: We request a waiver of the Section 5-306 C.3 requirement of an Improvements Agreement. There are no public improvements associated with the proposed condominiumization and, thus, there is no need for an improvements agreement. Section 5-306 C Review Criteria: The proposed Application complies with all applicable review criteria. I again note that Section 5-306 relates to a process where land is being subdivided for development with condominiums. We are not subdividing the property. Nonetheless, because of the Variance, our proposal is consistent with Zone District Regulations and the density is no longer deemed non -conforming. The draft Condominium Declaration makes adequate provision for the maintenance of common area elements. We have requested a waiver of an improvements agreement. The property is not part of an approved subdivision but otherwise meets the requirements of the Code as a consequence of Resolution No. 02, Series of 2018. The Condominium Map provides easements for all utilities and access. A party wall agreement is inapplicable. There will be no Common Interest Community Plat. The Condominium Map will show all required locations and dimensions of improvements per the Land Use and Development Code and C.R.S. §38-33.3-103(19.5) and (209). All real estate taxes in connection with the underlying real property have been paid in full. Article 7 Standards: By its tam's, Article 7 applies to Land Use Changes. We only propose a change in ownership structure, not a change in use. Notwithstanding, you have asked us to address access, wildfire and any natural hazards. There are two existing access driveways serving the property and all units have access to County Road 154 via the common access driveways. Those driveways provide adequate access for emergency vehicles. In addition, because of the units' close proximity to County Road 154 (approximately 70-120 feet), large fire fighting vehicles can effectively operate from County Road 154. The access driveways are depicted on the Condominium Map. Because the access drives were developed in 1966, no access permits have been located. We are aware of no wildfire constraints with respect to the property. None of the units is constructed on slopes in excess of 30% grade. All of the units are currently developed with asphalt shingle and/or metal roofmg materials. Conversion of the property to condominiums does not increase the potential intensity of a wildfire. There are no natural hazards or impacted water ways associated with the property. You have also requested that we address other issues that might arise during review of the Application. First, the draft Condominium Map references the condition of the Variation related to non -conforming structures. Now that we have the final Resolution, the Map will reference Resolution No. 02, Series of 2018 along with the recording information. There are no encroachments of the property or its improvements into County Road 154. A small section of the County Road does encroach onto the property. We have not been able to locate any access permits. There are no new survey issues other than the minor change in the description of the common boundary with RFTA mentioned above which increases the lot size by approximately 0.011 acres and which will be reflected on the final Condominium Map. Glenn Hartmann November 6, 2018 Page 4 Thank you for your ongoing assistance in completing review of the condominium documents. Very truly yours, Y LAW FIRM, LLC Attachments ichard Y. Neiley, VIII F1t riU ihMikN11 VilIchriq1ATI IClig 11111 Reception#: 911340 09/04/2018 11:59:13 AM Jean Alberico 1 of 8 Rec Fee:548.00 Doc Fee:0.00 GARFIELD COUNTY CO SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release ("Agreement") is entered into this t day of August, 2018, by and between Roaring Fork Transportation Authority ("RFTA") and Richard Y. Neiley, Jr. and Maria E. Maniscalchi ("Homeowner"). RECITALS WHEREAS, RFTA is the owner of the former Denver Rio Grande Western Railway ("DRGW") Aspen Branch right of way that extends from Glenwood Springs to Woody Creek ("the ROW"); WHEREAS, the DRGW acquired segments of the ROW by grant from the federal government pursuant to the 1875 General Right of Way Act and other segments through deeds; WHEREAS, DRGW conveyed the ROW to RFTA's predecessor in interest, Roaring Fork Railroad Holding Authority ("RFRHA") by Bargain and Sale Deed on June 28, 1997 and recorded July 3, 1997 at Book 1024, Page 600 of the Garfield County Clerk and Recorder; WHEREAS, Homeowner is the owner of Parcel2185363I3001of the Neiley/Maniscalchi Plat recorded on May 7, 2013, as Reception No. 834944 (aka 083371), ("the Lot"); WHEREAS, according to a property survey ("the Survey") completed by Farnsworth Group, Inc. for RFTA and deposited with the Garfield County Surveyor on or about December 15, 2008 at Reception No. 787, a portion of the Lot including houses and/or out buildings were constructed within the ROW granted pursuant to the 1875 Act as depicted by the orange shaded portion of Exhibit A attached hereto; WHEREAS, Homeowner disputes the Surveyor claims a superior right to the portion of the Lot shown by the Survey to be within the ROW; WHEREAS, Homeowner claims that the Survey has created a cloud on their title to the Lot; WHEREAS, RFTA and Homeowner wish to resolve their differences and enter into this Agreement on the terms set forth herein; AGREEMENT NOW THEREFORE, for the consideration of the mutual promises and the exchange of properties set forth herein, the sufficiency of which is hereby acknowledged, RFTA and Homeowner agree as follows: 1. Within thirty (30) days of the execution of this Agreement, RFTA agrees to delivery to Homeowner in substantially the form attached hereto as Exhibit A a Bargain and Sale Deed for the parcel attached hereto. 2. Upon receipt of RFTA's Bargain and Sale Deed for the parcel set forth in paragraph 1 above, Homeowner shall deliver to RFTA in substantially the form attached hereto as Exhibit B, a Bargain and Sale Deed to the right-of-way adjacent to the RF T A parcel attached hereto including any right, claim, or interest Homeowner has or may have in the future to any portion 1 1111 Mit Taii7.11'i ! I IOW VIVPINiK6 h 11111 Reception#: 911340 09/04/2018 11:59:13 AM Jean Rlberico 2 of B Rao Fee:$48.00 Doc Fee:0.00 GARFIELD COUNTY CO of the ROW lying adjacent to Homeowners' property. 3. Upon receipt of the Bargain and Sale Deed from RFTA, Homeowner agrees to release RFTA, its Members, agents, surveyors, attorneys, successors and assigns, from any and all claims of any kind related to the Survey and RFTA's ownership of the ROW. 4. The covenants, terms, conditions, and agreements of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, executors, successors and assigns, and shall be specifically enforceable 5. This Agreement constitutes the entire agreement of the parties and supersedes all prior discussions, negotiations, understandings, or agreements related to the conflicting claims of ownership of the Lot and the ROW, all of which are merged herein. 6. The interpretation and performance of this Agreement shall be governed by the laws of the State of Colorado. 7. Should either party institute any action or proceeding to enforce any provision of this Agreement or for damages by reason of an alleged breach of any provision hereof, the prevailing party shall be entitled to receive all costs and expenses including reasonable attorney's fees and disbursements incurred by such prevailing party in connection with such action or proceeding. 8. This Agreement may be executed in any counterparts, each of which when so executed shall be deemed an original and all of which taken together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed and delivered as of the date first above written. 2 VIII VdrilifAINItIYA 1111! Reception#: 911340 09/04/2018 11.99:13 RM Jean Rlberico 3 or 8 Roc Fee:$4B.00 Doc Fee:0.00 GPRFIELD COUNTY CO Richard Y. Neiley, Jr. E. Maniscalchi STATE OF COLORADO ss COUNTY OF GARFIELD ROARING FORK TRANSPORTATION. AUTHORITY By:a�rm�I c.e/vr,=.4,vS Name: Dan Blankenship Title: RFTA CEO The foregoing instrument was acknowledged before me thith day of August, 2018, by Richard Y. Neiley, Jr. and Maria E. Maniscalchi as Owners of the Lot. My Commission expires: 0) 5 f aOoZ Witness my hand and official seal. NICOLE R SCHOON Notary Public State of Colorado Notary SD #20174007109 My Commission Expires 02-15-2021 STATE OF COLORADO ) COUNTY OF GARFIELD ) ss Notary Public Address: Vif The foregoing instrument was acknowledged before me this 1 &jth day of August, 2018, by --r�sI-t7A.�AGU-L1Le_v,Stn,; (� as ('�,t .c -.v2 �5 1 LQP of Roaring Fork Transportation Authority. l My Commission expires: 415 )c -au -R.1 Witness my hand and official seal. NICOLE R SCHOON Notary Public State of Colorado Notary ID # 20174007109 My Commission Expires 02-15-2021 3 Notary Public Address: ■111KR1TA11111, a pit M rkAll'I IMA 11111 Reception#: 911340 09/04/2018 11:59:13 AM Jean Alberlco 4 of 8 Rec Fee:348.00 Doc Fee:0,00 GARFIELD COUNTY CO BARGAIN AND SALE DEED THIS BARGAIN AND SALE DEED made this ID'S' day of August, 2018, between the Roaring Fork Transportation Authority whose address is 0051 Service Center Drive, Aspen, Pitkin County Colorado, 81611 (hereinafter "Grantor") and Richard Y. Neiley and Maria E. Maniscalchi, as joint tenants, whose address is 4412 County Road 154, Glenwood Springs, Garfield County, Colorado 81601 ("Grantee"); WITNESSETH: That the Grantor, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby sells and conveys to the Grantee, its successors and assigns, the following real property in the County of Garfield, Colorado, to wit: See Exhibit A attached hereto. TO HAVE AND HOLD the same, together with all its appurtenances and privileges thereunto belonging. EXECUTED as of this j day of August. 2018. ROARING FORK TRANSPORTATION AUTHORITY By: Name: Title: STATE OF COLORADO ) ) ss. COUNTY OF� Selo\ ) ►� '9 Ab -1(4r' 0Ait c eco -f .Jt tP� Acknowledged, subscribed and sworn to before me this , II day of �, 2016?, by n \ ti , as A '; • %I' s;, -ring For ransportation Authority. WITNESS my hand and official seal. My Commission expires: c))) 15! �f� /� • Notary Public (SEAL) NICOLE R SCHOON Notary Public State of Colorado NotarylD # 20174007109 My Commission Expires 02-15-2021 ■III I r,�1� X41 �1i�1�.� ,1 yi Clei f 11711KIAlii ;06 11111 Reception4: 911340 09/0412018 11:59:13 AM Jean Alberioo 5 of 8 Reo Fee:548.00 Doc Fee:0.00 GRRFIELO COUNTY CO PARCEL DESCRIPTION RFTA FEDERAL GRANT RIGHT OF WAY IN GOV'T LOT 2, SECTION 36, T6S, R89W, 61h PM EXHIBIT A July 27, 2018 A Parcel of Land being a portion of ICC Parcel 6 of the former Aspen Branch of the Denver and Rio Grande Western Railroad (D&RGW RR) Company Right of Way (ROW) described in deed recorded 7/03/1997 at Reception No. 510445, in Book 1024, Page 600, and the Correction Bargain and Sale Deed recorded 9/09/2008 at Reception No. 755399 in the records of Garfield County, State of Colorado, situated in Government Lot 2, Section 36, Township 6 South, Range 89 West of the Sixth Principal Meridian, in Garfield County, Colorado, that portion of said ROW in said Government Lot 2 being a strip of land, 200 feet in width, lying 100 feet on each side of the original surveyed centerline of said Aspen Branch ROW, said Parcel of Land described as follows: The southwesterly 50.00 feet of that portion of the Roaring Fork Transportation Authority (RFTA) railroad right of way property, as successor to the Roaring Fork Railroad Holding Authority, described in the above said deeds recorded at Reception No's. 510445 and 755399, lying within said Government Lot 2 in said Section 36. This description was calculated from the Railroad Right of Way Survey prepared by Farnsworth Group, last revised 12/02/08 and recorded at Reception No's 784 through 789 in the records of said Garfield County. Please refer to said Railroad Right of Way Survey for additional information and boundary detail. The above description was prepared by David C. DiFulvio, LS# 16401 For and on behalf of FARNSWORTH GROUP, INC. 5613 DTC Parkway, Suite 1 100 Greenwood Village, CO, 80111 303-692-8838. Page 1 of 2 1111 ratilig HI, IRtil tit Vii 11111 Reception#: 911340 09/04/2018 11:59:13 RM Jean Ptberico 6 of 8 Rec Fee:648.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A N A 0 50 100 SCALE:V=100' "=100' U.S. SURVEY FEET SOUTHWESTERLY 50' PARCEL N. C If Gov't Lot 11 co SE 1/4, SEC770N 35, T6S, R89W, 677-1 P.M. 1 \ co o --t- \ \ \ o-0� c� '0 043 Gov't Lot 2 SW 1/4, SECTION 36, T6S, R89W, 6TH P.M. SOUTH LINE OF GOVT LOT 2 -7 -cc, • N.- \ NOTES: 1. THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION. 2. FOR ADDITIONAL INFORMAT1ON, PLEASE REFER TO THE RAILROAD RIGHT OF WAY SURVEY PREPARED BY FARNSWORTH GROUP, LAST REVISED \ 12/05/08 AND RECORDED AT RECEPTION NO'S 784 THROUGH 789 IN THE RECORDS OF GARFIELD COUNTY. igi 3. FEDERAL GRANT RIGHT OF WAY PER RAILROAD FILING MAP FILED IN WASHINGTON D.C. 10/1/1886, APPROVED 11/9/1886, AND RECORDED AT RECEPTION NO. 243249, DATED 4/23/1969, IN THE RECORDS OF GARFIELD COUNTY (BLM SERIAL CASE FILE COC -093763). 1 cpribble 1 P:\2013\0130738.00 — RFTA Contract 13-023 — Rio Grande Tral 809 Plan Development\„Cosey\Neiley A—Fromes\Neley Legal ExhbiLdwg 1 7/27/2018 10;38 A1.11 \ Gov't Lot 3 SEC. 36 \ -9 E GROUP 5613 DTC PARKWAY, SUITE 1100 GREENWOOD VILLAGE, COLORADO 80111 (303) 692-8838 / info@f-w.com Farnsworth ROARING FORK TRANSPORTATION AUTHORITY FEDERAL GRANT RIGHT OF WAY PARCEL SITUATED IN GOV'T LOT 2, SW 1/4 OF SECTION 36, TOWNSHIP 6 SOUTH, RANGE 89 WEST, OF THE 6TH P M COUNTY OF GARFIELD, STATE OF COLORADO Project No0130736.2018 Drawn by: CCP Approved: DCD Date: 7/27/2018 Revised; 7/27/2018 SHEET 2 OF 2 ,ra00: 41011 ,affil 111111 Recep{ion#: 911340 79oof 48 20e8 Fee5 $463 00 Doc BFee:0.00iGARFIELD COUNTY CO BARGAIN AND SALE DEED THIS BARGAIN AND SALE DEED made this /69 day of August, 2018, between Richard Y. Neiley, Jr. and Maria E. Maniscalchi. as joint tenants, whose address is 5157 County Road 154, Glenwood Springs, Garfield County, Colorado 81601. (hereinafter "Grantor") and the Roaring Fork Transportation Authority, whose address is, 0051 Service Center Drive, Aspen, Colorado, Pitkin County. 81611 ("Grantee"); WITNESSETH: That the Grantor, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby sells and conveys to the Grantee, its successors and assigns, the following real property in the County of Garfield, Colorado, to wit: See Exhibit B attached hereto. TO HAVE AND HOLD the same, together with all its appurtenances and privileges thereunto belonging. EXECUTED as of this `D day of August, 2018. WNERS chard Y. Neiley, Jr. M. a . Maniscalchi STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Acknowledged, subscribed and sworn to before me this 1 dk day of August, 2018, by Richard Y. Neiley, Jr. and Maria E. Maniscalchi as Owners of the Lot. WITNESS my hand and official seal. My Commission expires:p/// , (SEAL) NICOLE R SCHOON Notary Public State of Colorado Notary ID # 20174007109 My Commission Expires 02-15-2021 ate/ Notary Public ifl Akhil 114 II II1 Receptton#• 911340 09/04/2018 11:59:13 RP1 Jean RIberico of 8 Rec Fee:$48.00 Doc Fee:0.00 GRRFIELD COUNTY CO PARCEL DESCRIPTION RFTA FEDERAL GRANT RIGHT OF WAY IN SECTIONS 35 AND 36, T6S, R89W, 6th PM EXHIBIT B July 27, 2018 A Parcel of Land being a portion of ICC Parcels 6 and 7 of the former Aspen Branch of the Denver and Rio Grande Western Railroad (D&RGW RR) Company Right of Way (ROW) described in deed recorded 7/03/1997 at Reception No. 510445, in Book 1024, Page 600, and the Correction Bargain and Sale Deed recorded 9/09/2008 at Reception No. 755399 in the records of Garfield County, State of Colorado, situated in Sections 35 and 36, Township 6 South, Range 89 West of the Sixth Principal Meridian, in Garfield County, Colorado, that portion of said ROW in ICC Parcel 6 being a strip of land, 200 feet in width, Iying 100 feet on each side of the original surveyed centerline of said Aspen Branch ROW, and that portion of said ROW in ICC Parcel 7 being a strip of land, 100 feet in width, lying 50 feet on each side of the original surveyed centerline of said Aspen Branch ROW, both ICC Parcels subject to Right of Way Deeds to the Colorado Department of Highways recorded at Book 409, Page 131 of said Garfield County records, said Parcel of Land described as follows: Any portion of said ICC Parcels 6 and 7 EXCEPT for the following described parcel: The southwesterly 50.00 feet of that portion of the Roaring Fork Transportation Authority (RFTA) railroad right of way property, as successor to the Roaring Fork Railroad Holding Authority, described in the above said deeds recorded at Reception No's. 510445 and 755399, lying within Government Lot 2 in said Section 36. This description was calculated from the Railroad Right of Way Survey prepared by Farnsworth Group, last revised 12/02/08 and recorded at Reception No's 784 through 789 in the records of said Garfield County. Please refer to said Railroad Right of Way Survey for additional information and boundary detail. The above description was prepared by David C. DiFulvio, LS# 16401 For and on behalf of FARNSWORTH GROUP, INC. 5613 DTC Parkway, Suite 1100 Greenwood Village, CO, 80111 303-692-8838. Page 1 of 1 Neiley Law Firm, LLC From: Jason Neil <jason@peaksurveyinginc.com> Sent: Friday, November 02, 2018 4:14 PM To: Neiley Law Firm, LLC Subject: RE: "A" Frame Property Attachments: BDRY-EXH-11-02-18.pdf Hi Rick, Attached is a rough exhibit of the 50' offset from the far southwest part of the ROW they are giving up. The is a bit of a diagonal line as the bearings are different based on RFTA monuments. This would increase your area by .011ac. Thanks, Jason R. Neil, PLS Peak Surveying, Inc. PO Box 1746 110 E. 3rd Street, Suite 210 Rifle, CO 81650 Phone: 970-625-1954 Fax: 970-579-7150 Cell: 970-987-1382 jason@peaksurveyinginc.com www.peaksurveyinginc.com Original Message From: Neiley Law Firm, LLC <aspenlaw@neileylaw.com> Sent: Friday, November 2, 2018 2:25 PM To: 'Jason Neil' <jason@peaksurveyinginc.com> Subject: "A" Frame Property Hi, Jason. I have attached our Settlement Agreement and Deeds with RFTA that cleaned up the boundary line dispute. Can you confirm that this does not change the description or size of our property? Garfield County is requesting this as a part of our condominiumization approval. Thanks. Rick Richard Y. Neiley, Jr. Neiley Law Firm, LLC aspenlaw@neileylaw.com Glenwood Office: 6800 Highway 82, Suite 1, Glenwood Springs, CO 81601 Aspen Office: 420 East Main Street, Suite 240, Aspen, CO 81611 (970) 928-9393 Telephone (970) 928-9399 Facsimile (Please mail correspondence to Glenwood Springs address.) Original Message From: Neiley Law Firm, LLC Sent: Friday, November 02, 2018 2:17 PM To: Neiley Law Firm, LLC <aspenlaw@neileylaw.com> Subject: Message from "RNP002673B74043" This E-mail was sent from "RNP002673B74043" (MP C2503). Scan Date: 11.02.2018 14:17:00 (-0600) Queries to: aspenlaw@neileylaw.com 2 0— z -- / / / /.,-''''' / / 0.b,, / / // / % ,4. ',`. ,j�' / / • o / i / / ' '�f '' / / / / / / ate -� v / / Lys' / / � ./. / r a�Y r , \ cad � .' / / / / / 7'57" L b Yc ^ems° o' cd' Ya o � Y / ,406 o• a°y Gar teld County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") agree as follows: 1. The Applicant has submitted to the County an application for the following Project: 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee -shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: ? Billing Contact Person. \ . \ (X\\.c_ \ _t ,., ---l/W.1 Phone:., '1_-..91Z9 I J-) Billing Contact Address: Lc:20 D t \I\,> daA ,_ A A 0 City: ('`QAA ;-Ck `.�1--C_ State:. �1(1 h 1 Billing Contact Email: (3.-yP \A 1 Zip Code: �tiC (� Ae. L (-P–( I.- Ic l>,�--Q <C��\ —_ ,�^ f t r Printed Name of Person Authorized to Sign: ?�,�+�1«� - �YvC�,U11<-ikt( l I k1 <`v4AAi(\ (4 AI i., - -- r - (Signature (Date) Garfield County Land Explorer Page 1 of 1 Garfield County Land Explorer Parcel Physical Address Owner Account Num Mailing Address 218535400017 218535400025 218535400059 218536300011 Not available GLENWOOD SPRINGS Not available GLENWOOD SPRINGS RAILROAD R.O.W. GLENWOOD SPRINGS 4600 154 COUNTY RD GLENWOOD SPRINGS RAILROAD R.O.W. 218536300013 GLENWOOD SPRINGS Not available 218536300014 GLENWOOD SPRINGS Not available 218536300015 GLENWOOD SPRINGS 4412 154 COUNTY 218536313001 RD GLENWOOD SPRINGS Not available 218536313002 GLENWOOD SPRINGS Not available 239501200126 GLENWOOD SPRINGS ROW ROW ROW Not available null Not available null Not available null ROSE, JAMES L. SHANE & BRUCE'S LTD. LIABILITY CO ROARING FORK TRANSPORTATION AUTHORITY KIRKHAM, ANALEE ROARING FORK TRANSPORTATION AUTHORITY NEILEY, RICHARD Y JR & MANISCALCHI, MARIA E VALENZUELA, KEILA NEILEY, RICHARD Y JR & MANISCALCHI, MARIA E COLORADO DEPARTMENT OF NATURAL RESOURCES FOB DIVISION OF PARKS AND WILDLIFE AND PARKS AND WILDLIFE COMMISSION WHITE BEAR LLC R060074 R060093 R060105 R005377 R060106 R083369 R083370 R083371 R083372 R100057 PO BOX 432 RIFLE, CO 81650-0432 4185 COUNTY ROAD 154 GLENWOOD SPRINGS, CO 81601 1340 MAIN STREET CARBONDALE, CO 81623 4600 COUNTY ROAD 154 GLENWOOD SPRINGS, CO 81601-9319 1340 MAIN STREET CARBONDALE, CO 81623 6800 HWY 82 UNIT 1 GLENWOOD SPRINGS, CO 81601 167 SILVER MOUNTAIN DRIVE GLENWOOD SPRINGS, CO 81601 6800 HWY 82 UNIT 1 GLENWOOD SPRINGS, CO 81601 1313 SHERMAN STREET DENVER, CO 80203 230 ERNESTINE STREET ORLANDO, FL 32801 about:blank 11/2/2018 ATTORNEYS Sc COUNSELORS AT LAW RICHARD Y. NEILEY JR. November 6, 2018 Via Hand Delivery Glenn Hartmann, Principal Planner Garfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Re: Mineral Reservation at 4412-4418 County Road 154, Garfield County, Colorado Dear Glenn: I have conducted a comprehensive title review with respect to any mineral reservations in connection with the above -referenced property. The General Warranty Deed we submitted with the Application for Creation of Common Interest Community discloses a single mineral reservation: a life estate in an undivided one half interest of oil, gas and minerals for the benefit of Gladwyn B. Gaumer under Deeds recorded October 22, 1962 (Book 345, Page 115) and March 8, 1963 (Book 347, Page 457). Title research confirms there are no other mineral reservations impacting the property. The mineral reservation deeds are attached. My title research discloses that Mr. Gaumer's wife, Della B. Gaumer, died on February 23, 1962 at the age of 60 years. Her death certificate was recorded as Reception No. 250975 on September 3, 1971. I also found in the real estate records an Affidavit of Marianne Ackerman recorded October 23, 1985 as Reception No. 365943 regarding real property interests of Della B. Gaumer at the time of her death. Ms. Ackerman had personal knowledge of Mr. and Mrs. Gaumer. I spoke with her yesterday and she informed me that Mr. Gaumer had died some twenty years ago. Because the reserved mineral interest was only a life estate for the benefit of Mr. Gaumer, it cannot be transferred or assigned to any third party. Thus, by the death of Mr. Gaumer, the mineral interest has been extinguished. I attach the recorded documents referenced above. Please respond to: 6800 Highway 82, Suite 1 • Glenwood Springs, CO 81601 • 970-928-9393 Email: aspenlaw@neileylaw.com Aspen office: 420 East Main Street, Suite 230 • Aspen, CO 81611 • 970-925-9393 Glenn Hai linann November 6, 2018 Page 2 If you have any questions or need any further information, please let me know. Ve ruly yours, 1N L LAW FIRM, LLC ichard Y. Neiley, Jr. Recorded at 12 o'clock A.....M., ....Mas oh....a,....119.63, Book 347 220654. Chas -S. Keegan Page 457 Reception NoRecorder. THIS DEED, Made -this 1st day ofk'ebruary in the year of our Lord one thousand nine hundred and sixty-three between G. B. GAUMER, otherwise known as GLADWYN B. GAUMER of the County of Garfield and State of Colorado, of the :first part, and SAM J. CAMPBELL and VIRGINIA W. CAMPBELL =IX 975 Camino Medio- clmnimK Santa Barbara, California aMbEtOXIXOCCOW6D, of the second part: WITNESSETIT, That the said part y of the first part, for and in consideration of the sum of TEN DOLLARS AND OTHER VALUABLE CONSIDERATION• 211MXIK, to the said part y of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknnoWledged, ha S granted, bargained, sold and conveyed, and by these presents do e s grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not in tenancy in. common but in point tenancy, all the following described lot S or parcels of land, situate, lying and being in the County of Garfield and State of Colorado, to -wit: The SE 4SEki and Lot -2, and W' sE 4, NEkSEk, Sec. 31; SIISWk, and Lot 7 and SE4SEd, Sec. 32; Lots 18 and 19, Sec. 33, Tp. 6 S., R. 88 W., 6th P.M. Lots -6 and 7, Sec. 4; Lots 3, 4, 5., 6, 9, 10 and 11, and NEkSWk, NW4SEa, NE4, Sec. 5; Lots 2, 3, 4 and 5, Sec. 6; Lots 3, 4, 5 and 8; and Lots 4, 5, 6 and 7, Sec. 9, Tp. 7 So, R. 88 W., 6th ' P.M. S1/2SEk, NW3SE 4,N 5W�, NE 4, E ZNW4r SANW1/4, NE 4SE , and Lots 1 and 2, Sec. 36, Tp. 6 S., R. 89 W.,. 6th P.M. Provided, however, that grantor, first party, reserves a life estate in an undivided one-half interest in and to all oil, gas and other mineral rights lying in, upon.or under the land conveyed, together�with,the right to prospect for and remove the same upon payment of all surface damages, it being intended hereby that grantor reserves for the re-; mainder of his lifetime one-half interest in the said oil, gas and other minerals now owned by him, with remainder to grantees, secondi- parties, their heirs, successors and assigns. This deed is made subject to former. deed from first party to second parties recorded in Book 345, Page 115 and it is intended hereby to transfer and convey unto second parties the house and surround- ing tract with appurtenant easements referred to and reserved in said warranty deed, the second parties having purchased said house and surrounding tract pursuant to the terms of contract dated August 1, 1962 referred to in said warranty deed. This conveyance further ratifies, and confirms the conveyance made by said warranty deed, and the above mentioned oil, gas and other mineral right reservation as the same appears in said warranty deed. TOGETHER with_ all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and -the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and E all the estate, right, title, interest, claim and demand whatsoever of the said part y of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. No. 768. WARRANTY DRRD-To Joint Tenants. -Bradford -Robinson Printing Company, 1824-46 Stout Street Denver, Colorado Book 347 Page 4,.5$ TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, their heirs and assigns 'forever. And the said part y of the first part, for h jmsel f , his heirs, executors, and administrators, do es covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance in law, in fee simple, and ha s good right, full power and lawful authority to grant, bargain, sell and convey yie same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature, so ever, and the above bargained premises in the quiet and peaceable possession of the said parties of .the secondpart, their heirs and 'assigns, against all and every person or persons lawfully claiming or to claim the whole or any_part thereof, the said part y of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said part y of the first part ha s seal the day and year first above written. . Signed, Sealed and Delivered in the Presence of STATE OF COLORADO, County of Garfield The foregoing instrument was acknowledged before me this / 5 / day of February, 19 63 ,by*, G. B. Gaumer otherwise known as,Gladwyn B. Gaumer. ' My commission expires i%o,,e7. 2 2,%6 ,y ,19 . Witness my hand and official seal. i SS. hereunto set his hand and [SEAL] [,SEAL] [SEAL] _*It bynaturirl person or persons here insert xiame or names; if by persons acting in representativ,e or official capacity or as attorney-in-fact, ' .therr dhkr,t1 `nme o£ person as executor, attorney-in-fact or other capacity or description: if by officer of corporation, then insert name of such •,o:Efic4 x,r officers, as the president or .other officers of each corporation, naming it..• O vi to A ? a STATE OF 0 U 0 0 0V 0 O t 7.4 4 03 43 1 r0 03 to : f Send future tax statements 'to : Recorded at 3:12 Reception No 219176 o'clock Oct 22, 1962 Chas. S. Keegan Recorder. Book '34.5 Page 11 THIS DEED, Made this %v�r ` day of September in theear of our Lord one thousand d nrno hundred and sixty- ttao between G. B. GAMER, otherwise known as GLADIIYN B. GAUMER of the County of Garfield and State of Colorado, of the first part, and SAM J. CAMPBELL and VIRGINIA W. CAMPBELL of the Santa Barbara, Californi 2UvuRtcof and ttmitfnbonito, of the second part: WITNESSETH, That the said party of the first part, for and in consideration of the sum of TEN DOLLARS AND OTHER VALUABLE CONSIDERATION to the said part y of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents do es grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described lot s or parcel s of land, situate, lying and being in the County ofGarfield and State of Colorado, to -wit: The SE2 SE'4i and Lot 2, and WZSE'k, NE4SE-- , Section 31; SkSW3 , and Lot 7, and S1 SE47 Sec. 32; Lots 18 and 19, Sec. 33, Tp. 6 S., R. 88 W., 6th P.M. Lots 6 and 7, Sec. 4; Lots 3, 4, 5, 6, 9, 10', 11, and NIE'kSWk, NW?SE's, NE47 Sec. 5; Lots 2, 3, 4, and 5, Sec. 6; Lots 3, 4, 5, and 8, Sec. 8; and Lots 4, 5,.6. and 7, Sec. 9, Tp. 7 S., R. 88 W.., 6th P.M. S1/2SE?4., NWySE'47 N.' SW's, NE's, E1/2NW'3, SW4NW4i NEkSEk, and Lots 1 and 2, Sec. 36, Tp. 6 S.,: R. 89 W., 6th P.M. ii ae ci P V.) Together with all improvements thereon, and all water rights appurtenant thereto. Provided, however, that there is excepted and reserved from this conveyance the house located upon the land conveyed together with the tract of approxi- mately one acre bounded by the existing fence where said house is located, together with an easement for joint use of the existing roadway as a means of ingress and egress thereto, said easement extending 15 feet on either side of the said existing roadway.center line. Provided further, that grantor, first party, reserves a life estate in ancun- divided one-half interest in and to all oil, gas and other mineral rights lying in, upon or under the land conveyed, together with the right to prospect for and remove the same upon payment of all surface damages, it being intended hereby that grantor reserves for the remainder of his lifetime one-half in- terest in the said oil, gas and other minerals now owned by him, with remainder to grantees, second parties, their heirs successors and assigns. Provided further, that the house and surrounding tract reserved to first party as above mentioned is subject to an agreement for sale of the same by grantor to grantees for $15,000.00 upon grantor's death, or election to sell in ac- cordance with the terms and conditions of Contract of Sale between these parties dated August / , 1962. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. L No. 768. 'v JtRANTY DF..ED—To Joint Tenant.—Bradford—Robinson Printing Company, 162..! -AG Stout Street, Denver, Colorado Book 345 Page 116 TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, their heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors, and administrators, does. covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the sane are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature, soever, except for patent reservations, oil and gas leases and prior reservations of oil, gas or other mineral rights and interests, easements and rights of way now in existence including power Line and road easements, and ditch easements, if any. and the above bargained premises in the quiet and peaceable possession of the said parties of the second part; their heirs and assigns,.against all and every person or persons lawfully ciaiinitig or to claim. the whole or any part thereof, the said part y •of the first 'part -shill and will WARRANT AND FOREVER DEFEND. • ' IN WITNESS WHEREOF, the said part y of the first part has hereunto set his hand and seal the day and year first above *Written. - ' • Signed, Sealed and Delivered in the Presence of ''SPATE' OP COLORADO;'= l } ss. : '.',•1-!—:-77.1_' County- of•;Garfield, $:7ri:l:;: •s.`.•.•� . h day of September, ;r..;Tiie,•iozegoing instrument'was acknowledged before:me this Z 4o t ' fin •` 02.ii;b�.*�=G.- B: G• aumer, otherwise known as Gladwyn B. Gaumer. 19 • . Witness my hand and official seal. • [SEAL] rwise known as: [SEAL] [SEAL] r�P ,ereon or pernons here insert namm • name 'or naes; if by persons acting in reprencatati": or official cnpacity or nn attorney-in-fact, tifeii ' r�. griiA of personas executor, attorney-in-fact or other capacity or description; if by officer of corporation, then insert name of ouch rofifeertorrblteera, as the preaideat or other officers of such corporation, naming it. Notary Public. T-1 e) • u. 0 0 O t• a J 0 0 Book 351 Pape 170 Recorded June 21,1963 at 11:00 A. M. Reception No. 221924 Chas. S. Keegan EXECUTOR'S DEED THIS EXECUTOR'S DEED, made this 13th day of February , 1963, between GLADtYN B. GAUMER, as administrator of the estate of Della B. Gaumer, deceased, party of the first part, and SAN;. J. CAMPBELL and VIRGINIA W. CAMPBELL, not as tenants in common but in joint tenancy with right of survivorship, of Santa Barbara, California, parties of the second part, WITNESSETH THAT, WHEREAS the party of the first part desires to sell the real estate hereinafter described to the parties of the second part and the parties of the second part have paid to the party of the first part the sum of $2,500.00, the receipt of -which is hereby acknowledged, as consideration for such -sale; and WHEREAS the County Court of the Covnty of Garfield, State of Colorado, has entered an order in words and figures as follows, to wit: IN THE COUNTY COURT IN AND FOR THE COUNTY OF GARFIELD AND STATE OF COLORADO No. 92971 In the Matter of the Estate of DELLA B. GAUMER, Deceased ORDER. This matter coming before the Court upon the petition of Gladwyn B. Gaumer, executor of the above entitled estate, and the Court being fully advised in the premises, DOTI{ FIND: That said executor desires to sell, for a consideration of $2,500.00, to Sam J. Campbell and Virginia WC Campbell, as joint tenants, the said decedent;s undivided one-half interest in and to the following described real property situate in Garfield County, Colorado, to wit: Lot 2 of Section 6, Township 7 South, Range 88 West, 6th P.M., and Lots 1 and 2 of Section 36, Township 6 South, Range 89 West, 6th P.N.; That the Last Will and Testament of said decedent pro- vides: "I hereby nominate and_appoint my husband, GLADW N B. GAUMER, Executor of this, my Last Will and Testament, should he be living at the time of ray death, and I hereby authorize and empower him, in his discretion, to sell any and all property of ray estate, either with or without notice as he shall see fit, at public or private sale, subject only to such con- firmation as may be required by law, and the purchasers need not see to the application of the proceeds." That, under the above quoted'powers contained in such Will, no confirmation of said executor's proposed sale is required Book 351 Page 171 bylaw; but for the benefit of title examiners who in the future may:have some question as to the effect of the above quoted clause, "subject only to such confirmation as may be required by law,", the following order is entered.. NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the sale proposed by said Gladwyn B. Gaumer, as such executor, as above set forth, be and the same is hereby approved, •ratified and confirmed, and that said executor be and he is hereby authorized to convey the decedent's undivided one-half interest in and to the land above described to Sam J. Campbell and Virginia W. Campbell in joint tenancy with right of survivorship. DONE BY THE COURT this /3- day of d , 1963. John M. Shultz Judge NOW,• THEREFORE, the said.party of the first part, in consideration of the•'premises, has sold and conveyed, and by these presents does sell and convey, unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the right, title and interest which the said Della B. Gaumer had in and to .the following.described real property situate in the County of Garfield, State of.'Colorado, to wit: . • A i .undivided one-half' interest:in and to Lot 2 of Section. 6,. Township .7 South, Range 88 West, ,6th P..M: ,..and` Lots 1 and 2 of Section 36; Township 6 South, Range 89 .Westl, .6th P.M. . . TO ,HAVE•• AND• TO HOLD the 'same , with all ..the• appurtenances thereunto belonging, -or in any wise appertaining,to. the proper use,..benefit and behoof of the.said parties of•the•second part; the survivor..of them, and the heirs•and assigns of suchsurvivor forever. • IN'WITNESS..WHEREOF, .the said party of the first"pa'rt•,''.as executor of said estate as aforesaid, has'hereunto set°his. hand and sell on the day and ,year first above, written. ' • .'i:•.'.e'L.,..r:"1 /�i yip. .:ir... (SEAL) ei a vftor of. the estate of Della B.. Gaumer; •Deceased.. STATE..OF. COLORADO • COUNTY'OF..MESA•.• • The foregoing instrument was..acknowledged. before: me this '13th day of..' February . 1963, .by • G1adWyn .33 Ga-amer as executor of the estate of; Della'. B. Gaumer,deceased. t„, ,IYIy"corm ssTori expires: ...March 1.1;'.1965 .. • '' Witness my hand .and..official; seal.•.,••.::'': DT r11- :[ • Notary :Public. ' Book 351 Page 172 STATE OF COLORADO ) ) ss COUNTY OF GARFIELD ) I, _ , Clerk of the County Court in and for the County of Garfield, State of Colorado, do hereby certify that the Order, as recited in the within and foregoing deed, is a full, true and complete copy of the same as it appears of record and on file in my office. Witness my hand and seal of said Court at Glenwood Springs, Colorado, in said County, this /VI, day of�Q 1963. 0 -s Clerk of the County Court >e r Book 422 . Recorded at' 12:0 P.M. September 3, 1971 Page 330 Reception No. 250975��Ella StephenssRe der.State . CERTIFICATE OF DEATH RrpstrAes No 12 1. •TLACIC OF DEATH .. couNTY Garfield - 2. USUAL RESIDENCE (FEAT. d.c...d fiord. IfinNtfu/i.n: Ratid...o befors .. STATE b.COUNTY .d.r.sisw) Colorado , Garfield A. CITY. TOWN, OR LOCAT40N Glenwood Springs 0. ,....oro 01. STAY w Ib C. CITY. TOWN. OR LOCATION ) - Glenwood Springs, Rural d. NAME OF (11 n.t.is Mild, giro !OM address) HOSTITAL OR - INSTITUTION 7 yj,, So. of *Glenwood Sprgs 'd. ST1KLT ADDRESS Spring Valley .. 13 PLACE OF DEATH INSIDE CITY UYlT71' YES 0 NO .. I1 RESIDENCE INSIDE CITY LIMITS? YES 0 NOS 1. 10 RESIDENCE ON A FARM? YES XIX NO 0 . 3. NAME OF F!rse Middle Lase DEC(Ype or�ASED Della Blanche Gaumer • 4. DATE - Moolb Doy Y..r DEATH Feb. 23 196.2 3. SEX 6. COLOR OR RACE •� 7. mom.= ) ONE* MARRIES ❑ S. DATE OF BIRTH S. AGE (to years Ir 1000 I YEAR 17 Ww1R 24 m. Female White w oDw.. ❑ olvoRc.o p 6e. s1 birlhday) Months Days Hours M(n. . 100. USUAL OCCUPATION (Giro kind .f work dons ur during molt ousewife 100. 6100 or wnlaras OR INDUSTRY • Own Home 11. ■IRTMrLACE (State '.rf0r0On [oantry) Blue Mound, Illinois 12. CITIZEN OI WHAT COUNTRY, United States 13. FATHER'S NAME Henry Rau. 14. MOTHER'S MAIDEN NAME ' Luellen Adams 10. WAS DECEASED EVER IN U. S. ARMED FORCE37 (Yesoso.or 1Rkno.Rl)j(If vM.yire war ordatra of ..rice) No 1 - _ 16..00IAL SECURITY NO. - None I7. INFORMANT Address , G. B. Gaumer MEDICAL CERTIFICATION 1 111. CAUSE OF DEATH [Enter only ono ca010 per line for (a), (b). and (a),I TART 1. DEATH WAS CAUSED BY: Skull' Fracture 1MMEDIAT= t:Ausi(a) - INTERVAL SETWEEN ONSET AND DEATH C.Rd4ti.R+. 6/007, ) DUE TO (0) - ..ii..t 8,.... bon . (), ' .DEN< >ee i. 1} stating !hr under- lying cause (ass. DUE TO (a) PART 11. OTHER SIONIE1CANT CONDITIONS CONTRI.YTINO TO 0071H .4T NOT PART 1(.) • RELATED TO THE TERMINAL DISEASE CONDITION O WEN IN 1D. WAS AUTOPSY PooloomE� Y.p 20a. ACS.IDENT SUICIDE HOMIICIOE B 200. DESCRIBE HOW INJURY Car in which OCCURRED. (Enlc# nature of injury in Pool 1 Or Port II Of Item l8.) she was a passenger backed over an 200. TIME OF Hour 'Month. Day. Year INJURY '•m' embankment d rolled approx. seventy-five feet 20d. INJURY OCCURRED 20e. PLACE OF INJURY (e.g., in or about WHILE AT NOT WHILE home. farm.fnclory, Alred, o ce Lldg-. WORK Q AT WORK XX . de.) County Hoad 20/. CITY. TOWN. OR LOCATION COUNTY STATE Glenwood Springs Garfield, Colorado 21. 1 arr<nd.d the decea from and last saw 4 atise on .10 • Death occurred at .pprOX ›...5U P. m. on the dale stated above: and to the 6.1 o/ my knowledge, from the camas ala rd. 220. SIGNATURE (Degree or title) Jack Farnum Coroner 220. ADDRESS Glenwood Springs, Colorado 220. T E 2 D-A20f IG 62D 23a. 0UR1AL. CREMATION. REMOVAL (Specify) Cremation 230. DATE r 2-26-62 23a. NAME OF CEMETERY OR CREMATORY Martin's Crematory 23d. LOCATION (City, [0101, or county) ($1W4 Grand Junction, Colorado 24. FUNERAL DIRECTOR ADDRESS Farnum Mortuary, Glenwood springs, 23. DATE RECD. BY LOCAL REG. I 26. REGISTRAR'S SIGNATURE S 2-26-62 i May Mullen ole A true dopy a4,5011it - Dated at •G1eh'„_" &pr pgsCol-orado, August 24th,1571 - t=11:02 A: -M. 2Cy. Registrar Recorded at -I(0 o'clock__f' M (]CT 2 2 1985 fieGeption illo JE2356 MILDRED ALSDORF, RECORDER GARFIELO COU! TY, COLORADO STATE OF COLORADO ss. COUNTY OF GARFIELD AFFIDAVIT (C.R.S. §38-31-102) sno%, 677 ? GE592 The undersigned affiant, being of legal age and first duly sworn upon her oath, deposes and says: 1. The undersigned was personally acquainted with Della Blanche Gaumer, also known as Della B. Gaumer, and also known as Della Gaumer. 2- Della Blanche Gaumer, the person referred to in the certified copy of Certificate of Death recorded in the office of the Garfield County, Colorado Clerk and Recorder on September 3, 1971 as Reception No. 250975 in Book 422 at page 330, was at the time of her death the owner of record, in the name of Delle: Gaumer, of an interest in the following described real property, to -wit: STATE OF COLORADO, COUNTY OF GARFIELD: Lot 2, the W1/2SE4, the NE'SE4, Section 31; Lot 7, the SE4SE4,Section 32; Lots 18 and 19, Section 33; all in Tp. 6 S. R. 88 W. 6th P.M. Lots 6, 9, 10,•11 and NE4SW4, the NWaSE4, the NE4 of Section 5, Tp. 7 S. R. 88 W. 6th P.M. Lots 6 and 7 Section 4; Lots 4, 5, 6, and 7 Section 9 Tp. 7 S. R. 88 W. 6th P.M. • The NE4, the EINW4 the SWaNW4, the NE4SE4 Section 36, Tp. 6 S. R. 89 W. 6th P.M. in joint tenancy with G. B. Gaumer, by virtue of Warranty Deed to Joint Tenants dated December 28, 1947 and recorded in said office as Rec. No. 163399 in Book 233 at page 376 on January 16, 1948. 3. The undersigned has no record interest or other interests in the above described real property. 4. The undersigned has personal knowledge of all of the facts set forth in this Affidavit, and this Affidavit is signed and executed, and offered for recording, pursuant to the requirements of Colorado Revised Statutes, 538-31-102. Further affiant sayeth not. MARIANNE ACKERMAN Subscribed and sworn to before me this t`L '-day of �; ;� , , 1985 by Marianne Ackerman. Witness my hand and official seal. My commission expires: 76-3/-2V. i y'... ( .40'0 ,/,-C-11.1 .1/ '...71• NOTARY/PUBLIC ,G' Form No. GWS -11 08/2016 COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 Sherman St., Ste 821, Denver CO 80203 (303) 866-3581 dwrpermitsonline@state.co.us For Office Use Only CHANGE IN OWNER NAME/MAILING ADDRESS PRIOR TO COMPLETING THIS FORM, SEE INSTRUCTIONS ON REVERSE SIDE INCOMPLETE, POOR QUALITY, OR ILLEGIBLE FORMS CANNOT BE PROCESSED AND WILL BE RETURNED Name, address and phone number of person claiming ownership of the well permit: Name(s): Richard Y. Neiley, Jr. Maria E. Maniscalchi Mailing Address: City, St. Zip: Glenwood 5157 County Road 154 Springs, CO 81601 Phone: ( 970 ) 928 _ 9393 Email: ryneiley@sopris.net Well Permit Number: WELL LOCATION: 26305 Receipt Number: Case Number (optional): County: Garfield Well Name or # (optional): 4412 County Road 154 Glenwood Springs CO 81601 Street Address at Well Location well address is same as owner's mailing address SW 1/4, Sec. 36 Township 6.0 City State Zip W., 6th P.M. • Check if SW 1/4 of the ❑ N. or • S., Range 89.0 ❑ E. or • Distance from Subdivision Name NOTE: If changing/correcting Section Lines: 759 Ft. from ❑ N. Line. , Filing/Unit or • S. Line, 80 Ft. from ❑ E. or • W. Block (if applicable): Lot the permitted location of a well, use Form No. GWS -42. I (we) laim and say that I am (we are) the owner(s) of the well permit described above, know the contents of the statements made herein, and s t that they are true to my (our) knowledge. This filing is made pursuant to C.R.S. 37-90-143. Sign ue ) of the New Owner Please print the Signer's Name & Title Richard Y. Neiley, Jr. Date 10/07/2016 Maria E. Maniscalchi 10/07/2016 �) It i .then responsibility of the new owner of this well permit to complete and sign this form. If an agent is signing or entering information, please see instructions. Please allow 4 to 6 weeks for processing of this form. Thereafter, you can view or print the accepted document at: http://www.dwr.state.co.us/WellPermitSearch Signature of DWR staff indicates acceptance as a Change in Owner Name and/or Mailing Address. For Staff Use Only Staff Signature Date NUY 4 0 I OU • WIRD-2S-66 20 M -4S Index No . /7 LDWD Use /— Registered Registered g-1 `e 6.1STATE OF COLORADO DIVISION OF WATER RESOURCES OFFICE OF THE STATE ENGINEER NIE(0177. AUG 1 6 1966 WATER SEW. MAP AND STATEMENT FOR WATER WELL FILING COLORADO SWE iiMMNS PERMIT NUMBER r 6 30 S Know all men by these presents: That the undersigned claimant (Ng whose address is states: Claimant -is.). is (af's.).. the owner(4 of well No total number of acres of land owned by him (them.) to be was commenced on this well by actual construction (-7 ni // City located as shown on map below; the irrigated fr in this well is • work -2_day of r -A r✓ 192(_4; the tested capacity of said well is % b (gpm) (cfs), for which claim is hereby made for 2)4 o]PS rc purposes; that the average annual amount of water to be diverted is acre -ft. ; and that the aforementioned statements are made and this map and state -nt are filed in compliance with the law. State of Colorado County of } ss Cla ant(s) Subscribed and sworn before me this day of My Commission expires , 19 Notary Public MAP THE WELL SHALL BE LOCATED WITH REFERENCE TO GOVERNMENT SURVEY CORNERS OR MONUMENTS, OR SECTION LINES BY DISTANCE AND BEARING. feet from (North or South) section line feet from (East or West) section line IF WELL IS FOR IRRIGATION, THE AREA TO BE IRRIGATED MUST BE SHADED OR CROSS- HATCHED. The square below will be used to indicate the location of the well and the irrigated land. i i i 1 1 ! 1 1 1 1 1 1 1 1 --- T- h r s r 1 1 1 1 1 1 1 1 1 1 --- •.r— — I- -- i- 1 1 1 +—.w, 1 ..... —+._.,.. . 1 1 1 1 1 1 7--Y--i- r t ---r-..• 1 1 1 1 1 1 1 1r 1 1 1 Q j 40 1 .. 1 1 1 I 1 V T 1 1 1 1 1 1 1 -- - T - ------ 1• 1 1 i 1 1 1 I 1 1 1 ::trT'. 1 1 1 1 1 1 1 1 1 1 WELL LOCATION County S W 1/4 '-' 1/4, sec 3 T. LS16 , R. eq W P. M. Ground Water Basin Water Management District Domestic wells may be located by the 1 mi. following: LOT , BLOCK SUBDIVISION ACCEPTED FOR FILING IN THE OFFICE OF THE STATE ENGINEER OF COLORADO ON THIS DAY OF , 19 State Engineer Form C Rev. 9-62/10M {� APPLICATION Applicant STATE OF COLORADO tit C611.. FOR: MA PERMIT A PERMIT P.O. Address 4lpe Quantity applied or Used for AF Storage Purposes (legal description of land site) WO acreage irrigated and other rts. ESTIMATED DATA OF WELL Hole size: f in. to 60 ft. in. to ft. Casing Plain 7 in. from Q to 141 ft. in. from to ft. Open or Peri. �' in. from.y,o to 4p ft. .in. from to ft. PUMP —Met DATA: Type . HP ,Size 1 - Use initiation date % 19� (Use Supplemental pages f* additional data) THIS APPLICATION APPROVED PERMIT NO. ISSUED: DATE E 7 ` 1S8-9 26205 TO USE GROUND WATER JAN 141956 TO CONSTRUCT A WELL wOOND WAtEi� sat LOCATION OF WELL COLORADO County �� Fr 41 on ENGINEER 5 * of , S W a of Sect. � j g } Twp. �o Rge• ;;;If tAi , 6 P. M. OR Street Address or Lot & Block N Town or Subdivision N S $25.00 fee req than Domestic Applica Agent or Drille d for Lives Locate well in 40 acre (small) square as near as possible. Large square is one section. uses other k. Address NOTE -- SATISFACTORY COMPLETION REQUIRED FOR APPROVAL OF APPLI ATION f { 1 1 f 1 3 ? f 1 f I f 1 el 1 I S $25.00 fee req than Domestic Applica Agent or Drille d for Lives Locate well in 40 acre (small) square as near as possible. Large square is one section. uses other k. Address NOTE -- SATISFACTORY COMPLETION REQUIRED FOR APPROVAL OF APPLI ATION IN THE DI•`iTRICT COURT IN AND FOR :LATE.; DIVISION NO. 5 STAT: OF COLORADO 10 THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF GEORGES H. DAPPLES IN THE ROARING FORK RIVER OR ITS TRIBUTARIES TRIBUTARY INVOLVED: IN SARFIELD COUNTY CASE N0. W- 1249 ) • Divi ion Q= k1Y D RULING OF THE REFEREE ABSOLUTE DECREE FOR UNDER GROUND WATER RIGHTS And the Referee having made the investigations required by Article 21 of Chapter 148, C.R.S. 1963, as amended does hereby make the following ruling, to wit: This application was referred to the Water Referee of Water Division No. 5 on the 12th day of July , 1972 Georges H. Dapples P.O. Box 2143 Santa Fe, New Mexico 2. The name of the structure is G D Well. 1. Name of Applicant Address 3. The Legal description of the structure is: The well is located in Lot 2, Section 36, T. 6 S., 89 W. of the 6th P.M. at a point whence the Southwest Corner of said Section 36 bears S. 06°00' W. 763 feet. 4. The depth of the well is 50 feet. 5. The date of initiation of appropriation is January 25, 1966. 6. The amount of water claimed is 0.132 cubic foot per second of time. 7. The use of the water is domestic. 8. The State Engineer's number is 26305. 9. The Priority date is January 25, 1966. 10. The date of the application was June 30, 1972. It is the ruling of the Referee that the statements in th application are true and that the above described water right is approved and granted the indicated priority; subject, however, to all earlier priority rights of others. 0 76 3 s 974 74" ' o T t wE ST It is accordingly ordered that this ruling shall become effective upon filing with the Water Clerk, subject to Judicial review as provided by law. Done a the City of Glenwood Springs, Colorado this day of j, f , 1977.--e" No protest was filed in this matter. The foregoing ruling is confirmed and approved, and is made the Judgment and Decree of this court. Dated: i/►N i / 9.73 Water J e Reforee \:+:;ter Divi pion No. 5 State of Colorado 9,7,2/;q File in quadruplicate WATER FORM B IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 6' STATE OF COLORADO Case No. W- %a,99 IN THE MATTER OF TBE APPLICATION FOR WATER RIGHTS OF GEORGES H. DAPPLES ) IN GARFIELD COUNTY. ) ILEO • A.TER C DUET Division N . 5 JUN 3 �0�1972�gpp ' 7- A i E tn7Kiggal WATER CLER It dY DEPUTY APPLICATION FOR WATER RIGHT (Underground or well) 1. Name of applicant: Georges H. Dapples Address of applicant: P.O. Box 2143 Santa Fe, New Mexico Zip 87501 Area Code 505 Telephone number of applicant: YUcca 2-0900 2. Name or number of well, if any: The.G D Well 3. Legal description of location of well: At a point in Lot 2, Section 36, Tp. 6 S., R. 89,W. of the 6th P.M. whence the SW corner of said Section 36 bears S. 06°00' W. 763 feet. Amended 4/8/72 4. This well is located in the watershed of Roaring Fork River Creek or River. 5. Depth of well: 50 feet 6. A. Date of initiation of the appropriation: Jan. 25, 1966 B. Date water first applied to beneficial use: Jan. 25, 1966 C. -How appropriation was initiated: Drilling of well 7. Amount of water claimed in gallons per minute of time: A. Portion absolute: 60 gpm B. Portion conditional: _ gpm 8. Use or proposed use of water: Hnmpct;r 9. Number of well as registered in State Engineer's Office or, if a new well, attach copy of the permit or order of denial: Permit No. 26305 10. In case of an irrigation priority, the number of acres being irrigated: ; the number of acres historically irrigated: ; and the number of acres proposed to be irrigated 11. Remarks: by the decree sought. ignature o applicant or attorney for applicant Drawer 790 Glenwood Springs, Colorado 61601 945-F,54ti Name, address and telephone number of attorney for applicant -2- STATE OF COLORADO ) COUNTY OF GARFIELD ) ss. ROBERT C. CUTTER ., being first duly sworn, upon oath, deposes and says that (s)he has read the foregoing application, knows the contents thereof, and that the same are true. Subscribed and sworn to before me this 29th day of June 19 72 • Not ry Public My commission expires June 1, 1974. -3- 0 GD Well Lot 2 , Sect ion 36, Tp. 4. S., R. II W., 64.1% 1?.M. S.W. Corner Section 34. ,"Tp. (, S. ,R, 44 1.0.1 iot1A 'P.M. DATA ENTRY MENU _OX AQUAMAP Colorado Division of Water Resources 26305 G D Well Tax no R083371 Map created b dmw 1/22/2014 QUICK ZOOM MENU _OX PLSS LOCATOR MENU OX PLSS <=> UTM Zone Conversions Lat-Long Section Township 36 • Q 160 sw • 6 • S • Q 40 SW Copy From Map Dist. Range 89 • W • (ft N/S) 759 S • Easting UTM X (m) 303338.78 Meridian Sixth • Dist. (ft E/W) 79 w • Zoom In Map Northing UTM Y (m) 4372601.39 3,559 ft Based on work developed at http://www.carto.net • Address location by Bing Maps AquaMap Version 3.0.1 July 5, 2009 ❑ Background 2005 Aerials Low 0 High Transparency IGATION J) (®) Click to create PDF UTM X, Zone 13: 303878 UTM Y, Zone 13:4372608 Long: -107° 16' 49.1" Lat: 39° 28' 50.6" UTM and Geographic(LL) coordinates in NAD 83 DATA DISPLAY ® Counties ❑ Water Well Applica ® PLSS ❑ DWR Parcels ❑ Roads EI EPA Well Notificati ❑ Hydrography ❑ Oil/Gas Well Locati ® County Parcels (No Public Access) ❑ Towns LOCATION Township Range • Section 36 • 6 s PLSS Locator More Data 89 w • Quick Zoom PRINTING Output Scale Page Size 6,000 Title 8.5x11 • Meridian Sixth • Spacing User dmw 26305 G D Well Tax no R083371 Note: The well locations displayed on AquaMap are based on location information provided by well permit application forms and are only as accurate as the information provided. The actual physical locations of all wells have not been field verified and may vary from the location displayed. Refer to a copy of the original well permit file, available on the Division of Water Resources website, for well location details. COLORADO DIVISION OF (WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES Garfield County JUN 0 9 101? Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-countv.com ONSITE WASTEWATER TREATMENT SYSTEM (OWTS) PERMIT APPLICATION TYPE OF CONSTRUCTION Property Owner: Richard Neiley and Maria Maniscalchi Phone: ((970) 948-9693 Mailing Address: 6800 Highway 82, Suit 1 • New Installation • Alteration f Repair WASTE TYPE Engineer: Carla Ostberg, MPH, REHS, NAWT Certified Inspector, Certification # 110441TC Phone: ((970) 7041184 Mailing Address: CBO Inc. 33 Four Wheel Drive Road, Carbondale, C081623 o Dwelling • Transient Use • Comm./Industrial • Non -Domestic • Other Describe Building or Service Type: residential #Bedrooms: 4 Garbage Disposal(Y/N) Y Distance to Nearest Community Sewer System: 5 miles Was an effort made to connect to the Community Sewer System: service not available / not in RF San Dist Type of OWTS 0 Septic Tank INVOLVED PARTIES Property Owner: Richard Neiley and Maria Maniscalchi Phone: ((970) 948-9693 Mailing Address: 6800 Highway 82, Suit 1 Email Address: ryneiley@sopris.net Contractor: Owner(Rick Neiley); Mountain Works(Gavin Griffiths) Phone: ((970) 9484)177 Mailing Address: Mountain Works PO Box 3260, Basalt, CO 81621 Email Address: griffthsgavin@hotmail.com Engineer: Carla Ostberg, MPH, REHS, NAWT Certified Inspector, Certification # 110441TC Phone: ((970) 7041184 Mailing Address: CBO Inc. 33 Four Wheel Drive Road, Carbondale, C081623 Email Address: carl.aostberg@gmail.com PROJECT NAME AND LOCATION Job Address: 4412-4418 County Road 154, Glenwood Springs, CO 81601 Assessor's Parcel Number: 218536313001 Sub. nia Lot Block Building or Service Type: residential #Bedrooms: 4 Garbage Disposal(Y/N) Y Distance to Nearest Community Sewer System: 5 miles Was an effort made to connect to the Community Sewer System: service not available / not in RF San Dist Type of OWTS 0 Septic Tank 0 Aeration Plant 0 Vault 0 Vault Privy Composting Toilet ❑ Recycling, Potable Use 0 Recycling 0 Pit Privy 0 Incineration Toilet ❑ Chemical Toilet 0 Other Ground Conditions Depth to 10t Ground water table 50 feet Percent Ground Slope Final Disposal by 0 Absorption trench, Bed or Pit 0 Underground Dispersal ❑ Above Ground Dispersal ❑ Evapotranspiration 0 Wastewater Pond 0 Sand Filter ❑ Other Water Source & Type 0 Well 0 Spring 0 Stream or Creek 0 Cistern ❑ Community Water System Name Effluent Will Effluent be discharged directly into waters of the State? 0 Yes O No Applicant acknowledges that the completeness of the application is conditional upon such further mandatory and additional test and reports as may be required by the local health department to be made and furnished by the applicant or by the local health department for purposed of the evaluation of the application; and the issuance of the permit is subject to such terms and conditions as deemed necessary to insure compliance with rules and regulations made, information and reports submitted herewith and required to be submitted by the applicant are or will be represented to be true and correct to the best of my knowledge and belief and are designed to be relied on by the local department of health in evaluating the same for purposes of issuing the permit applied for herein. I further understand that any falsification or misrepresentation may result in the denial of the application or revocation of any permit granted based upon said application and legal action for perjury as provided by law. by acknowledge that I have read and understand the Notice and Certification above as well as ovided the required information which is correct and accurate to the best of my knowledge. Property Owner Print and Sign (07s1T+ Date OFFICIAL USE ONLY Special Conditions: r---77— K R7.19i,04-ct-i--7- k)LL2 Permit Fee: Perk Fee: Total Fees: Fees Paid: Building Permit Septic Permit: Issue Date: Balance Due: BUILDING/ PLANNING DIVISION: 6 / igned Appro al Date FDAI-cco, 4t- tic) (+lin- CGarfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com ONSITE WASTEWATER TREATMENT SYSTEM (OWTS) PERMIT APPLICATION TYPE OF CONSTRUCTION Property Owner: Richard Neiley and Maria Maniscalchi Phone: ((970) 948-9)393 Mailing Address: 6800 Highway 82, Suit 1 Email Address: ryneiley@sopris.net • New Installation • Alteration el Repair WASTE TYPE Email Address: carl.aostberg@gmail.com ' PROJECT NAME AND LOCATION Job Address: 4412-4418 County Road 154, Glenwood Springs, CO 81601 IS Dwelling • Transient Use 218536313001 Sub. n/a Lot Block • Comm./Industrial Sewer System: 5 miles • Non -Domestic ■ Other Describe Type of OWTS 0 Septic Tank 0 Aeration Plant ❑ Vault 0 Vault Privy Composting Toilet ❑ Recycling, Potable Use 0 Recycling 0 Pit Privy 0 Incineration Toilet ❑ Chemical Toilet ❑ Other Ground Conditions INVOLVED PARTIES Property Owner: Richard Neiley and Maria Maniscalchi Phone: ((970) 948-9)393 Mailing Address: 6800 Highway 82, Suit 1 Email Address: ryneiley@sopris.net Contractor: Owner(Rick Neiley); Mountain Works(Gavin Griffiths) Phone: ((970) 948-4)177 Mailing Address: Mountain Works PO Box 3260, Basalt, CO 81621 Email Address: griffithsgavin@hotmall.com Engineer: Carla Ostberg, MPH, RENS, NAWT Certified Inspector, Certification # 110441TC Phone: ( (970) 704-0184 Mailing Address: CBO Inc. 33 Four Wheel Drive Road, Carbondale, C081623 Email Address: carl.aostberg@gmail.com ' PROJECT NAME AND LOCATION Job Address: 4412-4418 County Road 154, Glenwood Springs, CO 81601 Assessor's Parcel Number: Building or Service Type: Distance to Nearest Community Was an effort made to connect 218536313001 Sub. n/a Lot Block residential #Bedrooms: 4 Garbage Disposal(Y/N) Y Sewer System: 5 miles to the Community Sewer System: service not available/not in RF San Dist Type of OWTS 0 Septic Tank 0 Aeration Plant ❑ Vault 0 Vault Privy Composting Toilet ❑ Recycling, Potable Use 0 Recycling 0 Pit Privy 0 Incineration Toilet ❑ Chemical Toilet ❑ Other Ground Conditions Depth to 1st Ground water table 50 feet Percent Ground Slope Final Disposal by O Absorption trench, Bed or Pit I 0 Underground Dispersal 0 Above Ground Dispersal ❑ Evapotranspiration 0 Wastewater Pond 0 Sand Filter ❑ Other Water Source & Type 0 Well 0 Spring 0 Stream or Creek 0 Cistern ❑ Community Water System Name Effluent Will Effluent be discharged directly into waters of the State? 0 Yes O No CERTIFICATION Applicant acknowledges that the completeness of the application is conditional upon such further mandatory and additional test and reports as may be required by the local health department to be made and furnished by the applicant or by the local health department for purposed of the evaluation of the application; and the issuance of the permit is subject to such terms and conditions as deemed necessary to insure compliance with rules and regulations made, information and reports submitted herewith and required to be submitted by the applicant are or will be represented to be true and correct to the best of my knowledge and belief and are designed to be relied on by the local department of health in evaluating the same for purposes of issuing the permit applied for herein. I further understand that any falsification or misrepresentation may result in the denial of the application or revocation of any permit granted based upon said application and legal action for perjury as provided by law. 1 F by acknowledge that I have read and understand the Notice and Certification above as well as ha ovided the required information which is correct and accurate to the best of my knowledge. Property Owner Print and Sign (9/g Date OFFICIAL USE ONLY Special Conditions: Permit Fee: Perk Fee: Total Fees: Fees Paid: Building Permit Septic Permit: Issue Date: Balance Due: BUILDING/ PLANNING DIVISION: Signed Approval Date ATTACHMENT TO ONSITE WASTEWATER TREATMENT SYSTEM (OWTS) PERMIT APPLICATION This Permit Application is for the replacement of an existing, deteriorated concrete septic tank with a new 2,000 gallon concrete septic tank. The system was inspected by Carla Ostberg, who recommended that the tank be replaced. The system is fully functional and no other modifications to the system are proposed. IMPROVEMENT SURVEY A TRACT OF LAND SITUATED IN LOT 2 OF SECTION 36, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE 6TH PRINCIPAL MERIDIAN COUNTY OF GARFIELD, STATE OF COLORADO PoA69 PME PAAOMO HALL S Z151; f X. \6T.A8' \-sSTAW PAY T \ \ \ `i\hC.2C ` \ -- WK \\ \ \ V r'' I ` • OEAI\ VVV l N I N: , \ I ` \ \ ROA9UTv \ ; X \ °`RA5 \ APE. `% \ \ tt, . \ 60' ROAD \ t \ \\ \ K0 . \ ` \ \ \ A\ SPR IN 1E \ n U1ID R \ CAS M� \\ N\ \ I �\ 051T01EA0 ELECTRIC NR FCAER POOL SEM CLEANOUT CCP OEC% L/01T_ TKi x.AT �\ J crasit POLE TAN VAT ROM DECK- .1 PRE NOTES: 1) BASS OF BEARINGS FOR THIS SURVEY IS A BEARING OF 110008 24"W 8E111E01 THE SOUTHEAST CORNER OF 2161100 1. A BFR BRASS CAP 01 PLACE, AIA THE ROETH QUARTER CORNER OF SECTION 12, A 810 BRASS CAP 111 PLACE. 2) THIS PROPERTY IS SUBJECT TO RESERVATIONS. RESTRICTIONS. COVENANTS. EASEMENTS OF RECORD OR IN PLACE, AND EXCEPTIONS TO THE 1111E COMMENT PREPARED BY LAND TITLE GUARANTEE COMPANY DATED JULY 22. 2005 A5 ORDER E.UNBER 69247136-2. 3) DATE OF SURVEY WAS SEPTEMBER 19. 2005. 4) 11115 NAP 15 BASED ON BOOK 428 AT PAGE 90 OF THE GARFIELD COUNTY CLERK Mt RECORDERS OFFICE. AND CORNERS FOUND 111 PLACE. \BK. 428 PG. 90 GRAPHIC SCALE ( 10 EEA' ) 1 H9A E0 It POINT OF BEGINNING ROCK RETAINING WALL I.PROAT0MI 5URAY STAIO4OT 00 1119820.. 0CTIOR 1100x0 CA 01908. 45MA%0 MAAPA . 2EO 009 CCUPIRY UFURTHER SLATE THAI THC 00PR06E0ERIS CO THE ISOAE .06 005EO PARCEL CO 6IRIS ATL SEPEPETR 0 2005 EXCEPT MITRE 00060110x5, ARE 10 40 Y HTL00 THE U BYRES OF ME PARCE4 EXCEPT AS Rtq&t MAT WERE ME A9 DI2l0A09ENi5 PON THE O M.° %MOSES SP IMFAOV0201TS M ARP AOXXNl1C PROASE5, EXCEPT ▪ 9CATE0. IAN MAT000 6 NO APPARENT EVOOCA ICE 0.Y SIGH Of AM S[0Exf CROSS. CR 911100x40 IM' (AM O- SAO PARCEL VA.. AS O1E0. 1 FURRIER STATE 1..1 T HAAS TX0MO.00 THE TITLE 0.00 111 PRFPAREO ST LAM 1111E CUARAHlEC COPP.'COR1301 HO. CHUMS. OA. AULT EPOCHS TUT AMC,146 SPILSC1 PROPERTY ME WAR SHEREON .3 r10 1x6 REST 1r M1 M N REPASOCE 10.9 69.6F. RAM N HARP CfnV LS. 116 19596 6 no' u$mo 4M�� 8 z 0 0 .?(OLLI PROAECFNO. 2051746.00 0922 1 10 GRAPHIC SCALE 20 40 SHED' 8.7'x9,8' \\� v STAIR WAY 1 2' CONCRETE RETAINING \ \ SEPTlO LID / v \�— WALL CONCRLL��jE _f • GAS •1. VAULT \ METER -� \, SHED \ \\• GRAVEL \ \ DRIVEWAY i.% \ 1 \ '� \ \\�, wooD j DECKZ�' TIE WALKWAY P DESTAL v J •5000 DECK WATER VALVE OVERHEAD ELECTRIC 0 POWER POLE RAILROAD \ GRAVEL PARKING \AREA 0XIMAT\ SEWER CLEANOUT 2• CONCRETE PTIC LID CRETE 2 WOOD DECK CA UNDER C SO IN .` \ SE R \ �� \ ANOUT • \ \ 60' ROAD 'ROW PE' :K 10• P. 6 E OF RIVER 1 O W000 DECK RETAINING WALL ,2) THIS PROPERTY IS 5C (EASEMENTS OF RECORD 1COMMITMENT PREPARED I :2005 AS •ORDER ,NUMBEF 3) DATE OF SuRvy WA -:4) !THIS MAP IIS 'BASED .I 'CLERK 'AND (RECORDERS APPROXIMATE \ LOCATI UERG ND CASNDLINE \ \• LIGHT STAIR WAY POVER POLE 0r CRAVEL OGIrtYAY W000 DECK GUY WIRE STGHT Ct✓E STORY A MALE HOIEE 401 Ct1 til PHALT BK. 428 PG. 90 422.70' w ( IN FEET ) 1 inch 20 1L POINT OF BEGINNING ROCK RETAINING WALL BIRD BATH I HEREBY STATE THAT! ENGINEERING, INC, FOR RIC I FURTHER STATE THATITF DATE, SEPTEMBER 17,1200 BOUNDARIES OF THE PARD UPON THE DESCRIBED LPIRE' AS INDICATED, AND THAT CROSSING OR BURDENING THAT I HAVE EXAMINED11 COMPANY (ORDER N0. JGW; 117LE THAT AFFECT SHED: KNOWLEDGE AND RELIEF: 6/9/2017 Submission Completed Building Permit Application Application Date 06/09/2017 Parcel Number* 218536313001 Permit Type * Septic - ALT/ Repair Work Class* Repair Project Name Project Address* 4412 CR 154 City* Glenwood Springs Block Lot 1 Section -Township -Range * 36-06-89 Subdivision Neiley/ Maniscalchi Exemption Zoning* RS- Residential -Suburban Applicant / Owner* Richard Neiley & Maria Maniscalchi Owner Mailing Address * 6800 HWY 82, Ste. 1, GWS, CO 81601 Owner Phone* 970-948-9393 Contractor OWNER Contractor Phone Representative (Arch, Eng, etc.) * All Service Septic (ENG) General Description * replace existing tank in same location http://vits8websrv.garfield-county.com/Forms/Form/Submit 1/3 6/9/2017 Submission Completed Site Plan * Bin #* Fee Estimation: i Yes 0 No PIF Estimated Plan Check Fee $ (Due today) Estimated Building Permit Fee $ This Estimated Permit Fee is based on your estimated valuation and is subject to change after plan review. Additional Fees: Fee Name Fee Type Fee Amount Septic -Repair Permit Fee Set $ 75.00 Total Additional Fees Due: $ 75.00 Estimated Plan Check Fee: $ Total Fees Due: $ 75.00 (Includes Plan Check Fee) Payments: I Date Pay Type Check Number Amount Paid 06/09/2017 Total Paid: Special Notes Check Permit Number Assignment 175 $ 75.00 $ 75.00 Please contact Richard @ 970-948- 9393 Prefix Number Month * SEPT 4777 -06- http://vits8websrv.garfield-county.com/Forms/Form/Submit 2/3 6/9/2017 Submission Completed Year*(?) 17 - Permit Number* SEPT -06-17-4777 Received By: LKROL http://vits8websrv.garfield-county.com/Forms/Form/Submit 3/3