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HomeMy WebLinkAbout2.0 Staff Report PC 08.09.00PC 8/9/00 PROJECT INFORMATION AND STAFF COMMENTS REOUEST: A request for review of a Sketch Plan for the Roaring Fork Preserve SubdMsion ApPLICAIT{T: Roaring Fork Preserve, LLC PLAI.INER: Land Design Partnership ENGINEER: High Country Engineering LOCATION: Parcel located in portions of Sections 35 and 36, Township Z Soutt, Range 88 West ofthe Otn ptvt WATER: Individual wells SEWER: Individual sewage disposal systems (ISDS) ACCESS: cR loo E)ilSTING ZONING: A/R/RD ADJACENT ZONING: A/R/RD and P/D I. RELATIONSHIP TO TI{E COMPRETIENSIVE PL.A}{ According to the Garfield County Comprehensive Plan of 1995-Study Area I, this site lies in the Low Density Residential District on the Proposed Land Use Districts Map. The suggested density is no more than one (l) dwelling unit per ten (10) acres. II. PROJECT INFORMATION A. Site Description: The site sits in the riverbottom of the Roaring Fork River east of Carbondale between County Road 100 and the river. The property is made up of irrigated hayfields, and areas with cottonwood trees and grass pasture areas that are not irrigated. The northern boundary ofthe property is the Roaring Fork River and the southern boundary is CR 100. B. Development Proposal: The applicant is proposing to divide a 90.3 acre parcel into nine (9) singie family lots, four (4) ofwhich would have an accessory dwelling. The lots range in size from 5 to 13 acres in size. Each lot would have an individual sewage disposal C. system and individuat well. Access is offof CR 100, via a common access road for the proposed suMivision and the Mayfly Bend Ranch subdivision. Adjacent Land Uses: Agricultural and residential land uses surround the site. REVIEW AGENCY AND OT}IER COMMENTS: Referrals of the site plan were sent to the following: A. Town of Carbondale: The Town Planner has suggested that a cluster approach may |g a better design for the property and that the proposed density e;ceeds the recommended density of the Comprehensive Plan. (See letter page ? ) B. BookcliffSoil Conservation District: No response RE-2 School District: No resPonse Holy Cross Energ.v: No response Fublic Service Company: No response U.S. West Communications: No response Garfield County Road & Bridge: No reponse Carbondale Fire Protection District: The Deputy Chief stated that the access road is adequate for emergency vehicles; the water supply should be adequate to provide at least 30,000 gallons of backup fire protection water for the house automatic fire sprinklers; the deyeloper will be required to pay the fire district impact fees. (See letter Page '1 I I. Colorado Dept. ofPublic Health: No response J. Colorado Div. of Water Resources: The water supply is not supported by contracts from the Basalt Water Conservancy District and there is no analysis of the physical water supply. The DMsion included the "Guidelines for SuMivision Water Supply ReportJ'.- ( See letter and document pages /O' fl I K. Colorado Div. of Wildlife: The DOW identified a number of issues that need to be addressed in any future subdMsion application to minimize wildlife impacts. ( See letter pages )L. Garfield County Sheriff: No reponse M. Garfield Cotrnty Vegetation Management: No reponse STAFF COMMENTS Comprehensive Plan: The proposed density is one (l) dwelling unit per 6.93acres, which .*r.idr the Comp Plan's suggested density of one (1) dwelling unit per ten (10) acres. The proposal does not appear to generally conform to the Comp Plan since it exceeds the recommended density and removes existing agricultural land from production with no apparent effort to rnaintain the productive land through the design. m. C. D. E. F. G. H. IV. A. B.Zoning: A single family dwelling is a use by right in the A/R/RD zone district. Accessory *" allowed if they *. uppior"d at the time of suMivision. The applicant should be aware of the following zone standards: Minimum Lot Areo: Two (2) acres. Mmimum Lot Coverage: Fifteen percent (15%o). Minimum Setback: fl) Front vard: (a) orterial streets: seventy-five (75) feetfrom stteet centerline ofifA (50). '^' Titf ii,if*:nitit itni, *ichever is ei;ateri p1 tocdt stree.ts: fifty (50) feetfrom street 'iinierltni or tuenty-Jive (25) feet frdm front lot line, whichever is greater; (2) Rear yard: Twenty-five (25) feet from rear lot line; (3) Side yard: Ten (10) feetfrom side lot line, or one-half (1/2) the height of the principal' building, whichever is greater. Maximum Height of Buildings: Twenty-Jive (25) feet. Additi.onal Reqqlrements: All uses sholl be subiect to the provisions under Section 5 mtaryRegulations). Subdivision: The application states that no impact on lakes, streams, and topography is *trrp"t"a *a tUt ttre use of herbicides and pesticides will be limited by the protective covenants. Some applicable general site standards (from section 9:00 of Garfield County Su6ivision Regulaiilns. Regs) which the applicant should be aware of are as follows: 9:12 Land subject to identiJied natural hazards, such as falling rock, land slides, snow slides, mudflows, radiation, /looding or high woter tables, shall not be plattedfor any use other than open space or on uninhabitable portion of a lot over two (2) acres, unless mitigotion is proposid by a Colorado registered professional engineer qualified to do such design. 9:13: Development plons shall preserve, to the maximum extent possible, naturalfeatures such as unusaal rockformations, lakes, rivers, streams and ffees. Where appropriate, the subdivider moy be required to dedicate lands to lot owners to preserve these features. In no case shall lots be ilesigned such that a dwelling unit will be locoted closer than thirty feet (30) to a liye stream, lake or pond, regardless of the fact that floodplain regulations may allow dwelling units located closer in some instonces' 9: t 5: One (1) dog shatl be allowed for each residential unit within a subdivision; and the dog shall'be riquired to be confined within the owner's property boundarles. The ,rquii*rnt shall be included in the protective covenants for the subdivision, with ,r\or"r*rnt prwisions allowingfor the removal of a dogfrom the subdivision as afinal remedy in worst cases. (99-096) C. D. 9:16: No openhearth, solid-fuelfireplaces are allowed arrywherewithin a subdivision. One (I) new solid-fuel burning stove, os defined by C.R.S. 25-7-401,et.seq., and the regulations piomulgated-thereunder, shall be allowed in any dwellingunit. All dwellingunits shall be -allowed an unrestricted number of natural gas burning stoves and appliances. (99'096) 9:17: Each subdivision shall have covenants requiring that all exterior lighting shall be directed inward, towards the interior of the subdivision. (99-096) 9: 18: No further subdivision of a recorded subdivision shall be allowed, except where it is providedfor in an approved Preliminary Plon. (99-096) 9:22 In no case shall a lot be created with accesses onto a public or private road with less than twenty-five feet (25') of street frontage. Soils/Topography: The soils on the site are identified as Atencio-Azeltine complex and Fluvaquents. The Atencio-Azeltine soils are a sandy loam and gravelly sandy loam that has moderate limitations for dwellings without basements due to shrink-swell potential. The Fluvaquents are soils with a wide variation in textures that is poorly suited for homesites due to flooding and wetness. Both soils have severe limitations for septic tank and leach field develoPment. Road/Aqcess: The application proposes a single access CR 100 via a 60 foot wide right- of-*uyifrut will alsoprovide access to the Mayfly Bend Ranch suMivision. This road will provide primary access to four ofthe nine lots. The remaining five lots are served by a cul-de-sac over 750 feet long and 60 feet in wide with a 60' radius at the end of cul-de- sac. The applicant proposes that the main road wil be built to a Rural Access standard and the cul-de-sac to a Semi-primitive standard. There is a 30' wide access easement to Lot 8, offof the main road. The preliminary plan application will have to comply with Section 9:00 regulations. The primary access road servicing this development and the Mayfly Bend Ranch suMivision must meet the "secondary access" standard in Section 9:35 of the SuMivision Regulations. This is due to the combined number of dwelling units being 22, ntne tn frfuyfly Bend and 13 in this development, which is over 200 ADT. This standard calls for u *irri-* fifty (50') foot right of way (an easement will not be acceptable) with an eleven (11') foot lane width with a chip and seal surface. The proposed cul-de-sac will have to meet the semi-primitive standards as proposed. Other applicable road standards (from section 9:00 of Garfield County SuMivision Regulations) which the applicant should be aware of are as follows: 9:i3: Cul-de-sacs and dead end streets may be designed under the following circumstonces: F. G. H. A. Cul-d,e-sacs may be permitted provided they are not more than six hundredfeet (600) in length and have a turnaround radius of not less thanforty-five feet (45') from the center of the cul-de-sac to road edge andfiftyfoot (50') right-of'wayfor residential development ...The Board may approve longer cul-de-socs for topographical reasons and it can be proved that fire protection and emergency egress and access is provided as o part of the longer design; and 9:31 Access to all subdivisions sholl be from a public srreet system. 9:34 All streets are dedicated to the public but all streetswill be constructedto standards consistent with these Regulations and repair and maintenance shall be the responsibility of the incorporated Homeowners Association of the subdivision. The applicant will need to work with the Carbondale Fire Protection district to ensure that the proposed access to CR 100 meets emergency access standards, since it is excess of 20Ob feet in length. The applicant should meet with the Road & Bridge Department, prior to preliminary plan application, to discuss any access/sight distance issues with them and to clarify the proposed point of access from CR 100. Fire Protection: The site is located in the Carbondale & Rural Fire Protection Disrict (CPJPD). The CRFPD notes some specific recommendations concerning fire protection water and automatic fire sprinklers for residences. Staffencourages the applicant to work with the Fire District to resolve any problems and find the best solutions to meet the CRFPD recommendations for fire protection. Water: The application states that each lot will be served by an individual well, augmented by water contracts from the Basalt Water Conservancy District. No contract or well permits have been provided as a part of the application. The state engineer has provided guidelines for water supply reports, which will ensure that the application water supply is adequate in terms of legality and adequacy. At a minimum a signed contract from the Basah Water Conservancy District and well reports adequate to demonstrate that there is enough physical water to supply the domestic and fire protection needs. The applicant should be aware that the Preliminary Plan phase will require the water source be evidenced to be sufficient in terms of quality, quantity, and dependability (see section 4:90 of the Sub. Regulations). The covenants will need to address the limitation on irrigation ofoutside areas. Wastewater: Individual sewage disposal systems (ISDS) are proposed for each lot. The applicant should be aware that the covenants must contain provisions for ISDS maintenance, including a detailed maintenance plan. A good maintenance guide to I. J. K. reference is Pipeline, Fall 1995, Vol. 6, No. 4, which is available from the Planning Department or can be found at the National Small Flows Clearinghouse at http ://estd.wvu. edu/nsfc. Wildlife: The application does not contain any discussion of wildlife impacts, but the DOW did comment on the application. As noted in their letter, the DOW has a number of recornmendations that should be included in the Preliminary Plan application. Assessment / Fees: As determined by Section 9:81 of the SuMivision Regulations, the applicant will be required to dedicate a portion ofthe gross land area for open space, p*kr, or schools, or pay fees in lieu thereof, The applicant is probably correct in that the nB-t S.tool District will request cash in lieu of land dedication. The new formula contained in Section 9:81, requires an appraisal ofthe land, prior to development approval, that was done within two (2) years prior to Final Plat approval. Utilities: The application states that Holy Cross will provide electric; KN Energy will provide natural gas, and U.S. West will provide telephone service. No cable t.v. is available. All utilities shall be buried. Ditches: Easements shall be provided for all existing and proposed ditches. Recommended Plat Notes and/or Covenants: The following are typically included on plats and/or in covenants: l) Indicate the maintenance responsibilities of the road. 2) All irrigation ditches and ditch easements are to be recognized and maintained as existing and in place, in the usual manner. 3) One (1) dog will be allowed for each residential unit and the dog shall be required to be confined within the owners property boundaries. 4) No open hearth solid-fuel fireplaces will be allowed anywhere within the suMivision One (1) new solid-fuel burning stove as defied by C.R.S. 25-7-401, et. sew., 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. 5) All exterior lighting \Mill be the minimumamount necessary and all exterior lighting willbe directed inward, towards the interior ofthe suMivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. 6) No further divisions of land within the SuMMsion will be allowed. 7) Cotorado 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. All must be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal ofmanure, and the application by spraying or otherwise ofchemical fertilizers, soil amendments, herbicides, andpesticides, anyone ormore L. M. N. of which may naturally occur as a part of a legal and non-negligent agricultural operations. B) All owners of land, whether ranch or residence, have obligations under State law and County regrrlations 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 ofthe 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. The Sketch Plan comments shall be valid for a period not to exceed one (1) year from the date of the Planning Commission review (valid until 8/09/01). If a Preliminary Plan for the proposed su6ivision is not presented to the Garfield County Planning Commission by 8/09/01, the applicant will have to submit an updated Sketch Plan application to the Planning Department for review and comparison with the original application. paut /rz fu'?*k/ aZ<A /' /1/- STA|E OF COLOTUDO OTFICC OF THE STATE ENCINEER Division of Water Resources Depanment of Natr,rral Resources I3tJ Sherman strcd, Room 818 Denver, Cotorado 80203 Phone: (303) E66-3581 FAX: (303) 866-3s89 htrp/A,vater.state.co.us/de fau I t. htm Mark Bean Garfield County Building and Planning 109 8th St Ste 303 Glenwood Springs CO 81601 July 12,2000 Sill Orrcns Gwcrnor Grcg E. watcler Aecutivc Oirc<to( Hal O. Simpeon" P.€. Statc Erryineer Re: Roanng Fork Preserve Subdivision Sketch Plan E%E%SE% Sec. 35 & SW% Sec- 36, T7S, R88W, 6TH PM W. Division 5, W. District 38 Dear Mr. Bean: We have reviewed the above referen@d proposal to subdivide a parcel of 90.03 acres into 9 lots with nine single family and four accessory dwellings. No water use estimates were provided. The applicant proposes to provide domestic water through individual wells for each lot pursuant to a contract with tho Basalt Water Conservancy Distric{ (the Districl), A copy of a contact with the District was not provided- lrigation water is to be provided through existing inigation water rights, which were not identified. Sewage disposalis to be through individual on lot disposal systems. Although well permits for this area may be available if included in the District's temporary subsUtute supply plan, no mention of such inclusion was made in the submittal, no well permit applications have been submitted for review by this office, and there is no guarantee that well permits can be issued. Furthermore, to be considered a legally reliable source of water the wells must be included in a court approved augmentation plan, since there is no guarantee that a temporary substitute supply plan will be renewed. The use of the irrigation water rights must not result in an expansion of use, and a change of water rights application may be necessary to allow irrigation of lands that were not historically irrigated. Although the submittalstates that existing wells in the immediate area surrounding the site demonstrate good physical production and acceptable quality, no supporting clocumentation was provided. As outlined in trte statutes, Section 3G28-133(3Xd), C.R.S., the subdivider is required to submit adequate evidence that a waler supply that is sfficient in terms of quality, quantity, and dependability will be available to ensure an adequate supply of water. Adequate evidence is usually provided in the form of a water resource report, pepared by a professionalengineer, which addresses the quality, quantity, and dependability issues. A report of this nature was not provided. See the attached Guidelines for Subdivision Water Suooly Plan Reoorts for the necessary information. Our records also indicate that several exempt wells may currently exist within the proposed development. These wells must be included in an augmentation plan, or must be plugged and abandoned since the statutory provisions whidr allowed for issuance of these vvell permits will no longer apply. lf you or the applicant has any questions concerning this matter, please contact Craig Lis of this ofrice for assistance- Sincerely,rwtul{ Kenneth W. Knox Assistant State Engineer tOVl(CMURoaring Fork Preserve.doc cc: Orlyn Bell, DMsion Engineer Joe Berquist, Water Commissioner, District 38 - /o- GUIDELINES FOR SUBDIVISION WATER SUPPLY REPORTS l{"fq 9ypflv l"tgl !9 required fo.1al! subdivision proposats. Colorado Revised sratutes, LC.E,S.)' 30-2&133(3Xd) describes the basic requireiients tor.n"i"i "rppty reports, whiteC'R.S. 30-28-136 describes the review process. The statutes may Ue vriweo at theColorado Statute M ana ger web site, ht@intel l a n etu ga. comistatm g r. htm.. This office reviews-yatlr_sloply report for subdivisions only upon refierrat from theCountyr as required hy C.R.S. 30-28-136(h)- Note that well permits cannot be issued inareas that are over'appropriated until this office has approved the water supplyreport and the county has approved the suMivision. Aioitionafly, itris omcl'a6esnot provide engineering consultation and legal advice. For this iniormation, peaJeseek private legat counsel and/or an enginedring consultant. P4RT r-applies to proposals to obtain waterfrom individualon-lot wells, centralwells, orother water source that is not from a rnunlcipality or guasi-muni"ipJritv. -- PARrI! applies to proposals to obtain water from a municipatrty oi qralimunicipatity. PABr-IU applies to proposals to obtain water for land divisions ihat are to be exempted frornCounty subdMsion regulations. PABII For those proposals that will obtain water from individual on-lot wells, central wells, or otherwater source that is not from a municipality or quasi-municipality, the proposal will beevaluated pursuant to c.R.s. gG28-136(1Xhxti. Under c.i.s. i'gzg, bo-2e-tao(t)inxu, lguntps are required to submit to the Staid Engineer all subdivision'pretiminary'piini.'ine Stafe Engineer is then required to respond to th-e Board of County Cdmmissioners inwriting, with an opinion conceming the potentiat injury to_decreed'raiei rignts ""ri"O Uydiversions to supply the subdivision and the adequaiy of the propoieO *iter supply. -r ln addition to the requirements specifically listed in statute, the report should address thefollowing: a. The expected water requirements (total demand and consumptive use) of the subdivision at full development for atl anticipated water use (residential, lawninigation, animalwatering, commercial and industrial, etc.). iypically, ttreanalysis oJ-water requirements and the associated consuriiptG use arepresented in gallons per day or acre-feet per yeat.b. The source of water for the proposed subdiviiion, and the legal and physical availability and dependability of the source.c. Evidence oJ ownership or right of use of existing water rights.d. An evaluation of the potentialfor material injury-to allexilting and proposed w-qter rights as a result of water use in trre siroiivision includ'ing the cumutativeeffect of on-lot wells. / //- A com pleted W ate r Supllyl nfolmalion- S uOOaqyfa rm l istin g the proposed uses. A 1'= 24,000' (7.5 minute) scaled U.S.G.S. topographic map with the boundaries of the proposed subdivision plotted as described by the metes and bounds description. Water Supply from Tributary Ground Water ln over-appropriated stream systems, where the water source for the proposed subdivision is considered tributary, the withdrawal of ground water will cause material injury to other water rights. A court approved plan for augmentation is required to offset the depletions caused by the pumping of the tributary ground water and must be obtained prior to this office granting approval of the proposed water supply, Ground water in most areas outside the Denver Basin would be considered tributary. ln areas where water is available for appropriation, a plan for augmentation will generally not be required. However, there are only a few areas on the Westem Slope that are not over-appropriated. The Division Engineer should be contacted for this information. Water Supply from Denver Basin AquifeE Denver Basin contains the Dawson (upper and lower in some areas), Denver, Arapahoe (upper and lower in some areas), and the Laramie-Fox Hills aquifers. Please review Denver Basin Aquifer map to determine if your parcel is within the Denver Basin. Depending on the location within the basin, the ground water can be nontributary or not-nontributary. The Denver Basin Rules and Regulations and the State Wide Nontributary Ground Water Rules should be consulted to determine whether an aquifer may be considered nontributary or not-nontributary. ln either case, the amount of water available beneath the subject property must be determined pursuant to Section 37-90-137(4), C.R.S. lnformation is available from this office that can be used in making this determination. Note, any existing wells on or in the vicinity of the proposed subdivision must be considered in this analysis since they may reduce the amount of water available by virtue of thear prior appropriation. This office would need to evaluate each situation on a case by case basis. lf the proposed water source is not-nontributary C.R.S. 37-90-137(gXc) requires judicial approvalfor plans for augmentation prior to the use of not-nontributary ground water- The ground water in the Denver Basin aquifers is evaluated under 100 year aquifer life criteria pursuant to the Denver Basin Rules, 2 CCR 402-6, and the Statewide Nontributary Ground Water Rules, 2 CCR 402-7. These Rules may be obtained for a fee from our Records Section at (303) 866-3447. Elbert, Adams, and El Paso Counties generally require e. f. iffit *:r#-.-:i tq- >:i . - tz- JuL Le auuu t 'vJ' ut new subdivis,ons to have a 300 yearwater supply. You should contact your particutar coultY for specific requirements. For subdivision proposals located in a Designated Basin, the Ground Water Management District should be consulted. PART II ln the event that a municipality or quasi-municipality (e.9. water district) is to supply water to the subdivision, C.R.S. 30-28-136(hxll) sets forth special procedures for proof of availability of water. The municipality or water district must file with the Board of County Commissioners (Board) and the State Engineer a report on the amount of water that can be supplied to the suMivision without causing injury to existing water rights. This office, in tum, must provide the Boad with written comments concerning the water supply report. lf the water supply report is inadequate, this office must notify the Board and indicate the deficiencies of the report. ln addition the requirements specifically listed in statute, the report should address the following: A summary of water rights owned or controlled by the municipality or district. The firm yield of these rights. The present demand on the system and the antacipated demand due to commitments for service entered into by the municipality or district. The amount of uncommitted firm supplies the municipality or district has available for future development. A completed Wate_rSUpplylnfomnatip_n_S^unUuarv_Eq.r_m listing the proposed uses.f. A 1"= 24,OOO'(7.5 minute) scaled U.S.G.S. topographic map with the boundaries of the proposed suMivision plotted as described by the metes and bounds description, g. A letter of commitment from the municipalily or district must be submitted with the suMivision proposal. The letter should include evidence that the municipality or district proposed as the water supplier can and will supply waterto the proposed subdivision by stating the amount of water available for use by the proposed subdivision and the feasibility of extending seMce to the new area- This office maintains files on most municipalities and water districts, and uhen a particular file is incomplete, this office will request additional information before completing a review. The information on an existing municipality or a water district identified as a source of water for a subdivision must include an evaluation of the legal and physical availability of the water supply. 4tsI.lu Counties may exempt certain proposals from theirfull submittal requirements. Since these "County exemptions'are not cpnsidered subdivisions, this office does not generally provide review comments. The fact that a property is exempt from subdivision regulations does not alter the duty of the State Engineer to protect senior vested water rights. A thorough review of the permit application must be oonducted in accordance with C.R.S. 37-92$02(3Xb) to a. b. c- d- -l 3- determine the effect oj the proposed well upon other vested water rights, including ex,sting wells. Subsection 37-92602(3XbXllXA) says 'there shal! be a presrimption that tliere will- ilot q9 material injury to the veiieC wit6r riltrts of others or to any othdr existing welt resulting from such well, which presumption may be rebutted by evidence suffidient to show such material injury''. Well permits for the resqting lots of a property split by exemption cannot be obtained prior to the County approval. The County Commissioners must grant the exemption before the applications for new wel! permits are submitted to this officl. Furthermore, if the County grants an exemption and there is an existing well permit for the property, this office may not be able to issue additional well permits. For example, if the original permit was issued 5s the only well on the tract and then the tract is divided and exempted', then that permit needs to be canceled or amended prior to obtaining well permits on the new lots. Many of the referenced rules herein can be obtained from the Records Section of this Office at (303) 866-3M7. Please see publiea-tj-ons to determine the cost involved. llgle organ!^zdi"o--rl Grzuqd-wale-r S_urtbsg_Wa.ter Dams Reerd-s-Phones - t4- h cuffcistt it tfnc of $nrtity, $dit, -d dcgondamty ;i[ hr anilrth ro 66am ao sdsgua6 spCy of rrtr. ,. mr; ot oEYEr.oPilENr ls PnoPosto z tlllo ust AcTl0fl E ilATE O' EIISTil6 PAFCEL AS BECOROED slrS8rY[iloil Fttilc BTOCK r.0T {. TOTAI. ACREAEE 5. l{ut8En 0F toTs P80P0stD NAT TAP ilCTOSEI' O YTS E. 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PERTTI iIUTBERS tr l{Ew TYEUS - 'NUEETOE.EIEIGO ruutt tr uralnrrD.€orrlcurH ol@u|,rm€ o lilaurco GurllruxtstrEE OUBTT trl snE E ful$BPAt D ASSoCUTloll D COTPAIIY o Drsf,RrcT IIAIE IETTER 0f Coffrffirilr FoR srRYrcE oYEs oilo WATER COURT DECREE CASI I{O'S tl. ArcnEEtrS IYATER S1r?PtY REPITBT B YES tr ll0 lF YEq ruASt [0RWAR0 lUIn nE F0BI, Oti n r t ,q-r. bfirr rr rrrlr . c.arr.{J rz TYPE 0F SIWAGE 06?0SAr. S?$il tr sEPtrc TAilmE cH nfto u uc00r{ O CEITRAT SYSTET , OISTRET ilAIE E] VAUTT.I.OCATIOII STUAGE IIAULEI! TO tr EilGmERED SISTTX llrci r opy rI rjirhs tr{rl CI 0THER JgL 4' gUUg ttA I Eil lurrtt tiltunmA I lut sumMAllI Scction 30-2&l33,ldL CR.S. rlcutu drt ir repfiot s6nft to trc Couary.'Adesraro eidarcc th.t e r.trr eupnly ttrar cufficisrt h trne of $nrtity, - /E- TOTAL P.8? H- I Liston Hcuse FRX r.10. i 97A9454A66 Jun. 2t 20A@ A4:34pn p1 I,AND DESIGN PARTNERSHIP 918 Cooper Avenue, Glenwood Springs, CO E1601 970-945"2246 / Fax 970-945-4066 FA)( MEJMO / TMNSMITTAL Date: 6121100 To: Mark Eean Fax#. 945-7785 From: Ron Liston Project Roaring Fork Preserve Sketch Plan Job#' 2013 Number of sheets transmitted includlng this cover sheet: 2 Mark: ljust became aware that the legal description on the Roaring Fork Preserve Sketch Plan did not included the access easement across the Preserve property to the Mally Bend Ranch property. Attached is tlre description of the access easement currently granted to Mayfly Bend Ranch. I should point out that neither the Maryrly Bend Ranch ovmers or the Roaring Fork Preserve owners expect to the access easement to remain in the currently described location, lt is my understanding that thare is a consensus between the two properties that the easement ehould be realigned consistent with the location shown on the Roaring Fork Preserve Sketch Plan. Surveyors are today staking this alignment and both parties will be reviewing the location in the field and making any final adjustments. The finel alignment should be confirmed very soon. Mayfly is proceeding with their preliminary plan based on the described easement but have said they will abandon that alignment when the new alignment is agreed to. FRON : Liston House FF>'NO. 1 97@9454?,66 ROAD EASEMENT DESCRIP'IION A 60 FOo'l' RoAD EASMENT LOC./\TED IN LOT l5 OF SEc'l'loN 36, TOWNSHIP 7 SOUTH. RANGE 88 WI,ST OF THll6rH P.M., COUN"IY OF GARFIELD, S'rATE OF COLORADO. T}IE CENTERLII'{E OF SAID EASEMENT I]EING MORE PARTICI,JLARLY DESCzuBED AS FOLLOWS: BEGINNING AT A POINT FROM'AIHICH THE WITNESS CORNER OF THE souTH QUARTER CORNER Ol' SAID sEcTIoN 35 BEARS S.88o25',13"w, A DISTAIIiE OF' i3Z7 57 FEET;THFNCE N.08'23'59'T, ADISTANCE OF 1119.78 FEET; THBNCE N.00"01 '52"E, A TTISTANCE OF 325.76 FEET TO A POINT WHICFI IS TI{b TERMINUS AND FROM }.I'I{JCIH THE WITNESS CORNER FOR BOTH TIIE souTH QUARTER CORNER oF sEcTIoN 35 BEARS S-64"24',42"w. A DISTANCE OF 3808.84 FEET. Jun. 2L 2OgA E4:35PN PZ