HomeMy WebLinkAbout1.0 ApplicationLC�Garfield County
Community Development Department
108 B* Street, Suite 401
Glenwood Springs, CO 81601
(970)945-8212
www.earfield-county cam
TYPE OF APPLICATION
LAND USE CHANGE PERMIT
APPLICATION FORM
❑
❑
Administrative Review
❑
Development in 100 -Year Floodplain
❑
Limited Impact Review
Major Impact Review
❑
Development in 100 -Year Floodplain Variance
❑
Amendments to an Approved LUCP
❑
❑
Code Text Amendment
Rezoning
[31.111 , 'MIR ® SUP
❑ Zone District[] PUD ❑ PUD Amendment
❑
❑
Minor Temporary Housing Facility
❑
Administrative Interpretation
❑
Vacation of a County Road/Public ROW
❑
Appeal of Administrative Interpretation
❑
Location and Extent Review
Comprehensive Plan Amendment
❑
Areas and Activities of State Interest
❑
Accommodation Pursuant to Fair Housing Act
❑
Pipeline Development
O
Variance
❑
Time Extension (also check type of original application)
INVOLVED PARTIES
Owner/Applicant
HND Pr'Z�O� G' YQj�
Name: _o _perties LLC (Howdy Robertson) Phone: ( 970 ) 625-9353
Mailing address: 832 Courthouse Peak Lane
M t
City: on rose Co 81403
State: Zip Code:
E-mail:
Representative (Authorization Required)
Name: John Parrington
Mailing Address: 145 County Road 225
City: Rifle
Phone: ( 970 ) 618-2262
State: Co zip Code: 81650
E-mail: tallyhoconst@sopris.net
PROJECT NAME AND LOCATION
Project Name:
HND Properties LLC
Assessor's Parcel Number: 2175 _ 132 00 148
Physical/Street Address: 1879 County Road 264
Legal Description: ----
Zone District: RLGS
Property Size (acres): 2.87
PROJECT DESCRIPTION
Existing Use: Storage yard and Office/Warehouse structure 52 x 100 Sled Buitd ng used for metal fabncahon
Proposed Use (From Use Table 3-403): RLGS
Description of Project: Expand the fabrication area by add,ng another 52'x 75' Steel Building to the existing fabricatio building
REQUEST FOR WAIVERS
Submission Requirements
O The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List:
Section: 7-1001 _ Section: _
Section: Section:
Waiver of Standards
O The Applicant is requesting a Waiver of Standards per Section 4-118. List:
Section: ___
Section:
I have read the statements above and have provided the required attached information which is
correct and accurate to the best of my knowledge.
44 Sig _ of
Property Owner or Authorized Representative, Title Date
OFFICIAL USE ONLY
File Number: _, _ _ _ _ _ _ _ Fee Paid: S
TALLY HO CONSTRUCTION, INC.
P.O Box 188
Rifle, CO 81650
970-625-0208
General Description of Application
Howdy Robertson, DBA HND Properties LLC, is requesting a substantial
modification to add a 52' x 75' addition to the existing 52' x 100' metal
fabrication building located at 22505 Highway 6 Rifle, Co 81650. Because the
new addition would be located inside the 100' set back required by section
7-1001 of the land use and development code it was determined to require
substantial modification.
F'IDELZTY
- NATIONAL TITLE 56MPANY
Howdy Robertson and Diann Robertson
1879 County Road 264,
Rifle, CO 81416
Date: February 11, 2011
File Number. 696-FO356578-396-KV
Property Address: 1879 County Road 264, Rifle, CO 81416
Policy Number. F0356578 -1-E
Dear New Property Owner:
480 West Park Drive, Suite 100
Grand Junction, CO 81505
Phone: (970) 245-1055
Fax: (970)245-7706
Congratulations on your real estate purchase. Enclosed is your Policy of Title Insurance. This policy
contains important information about your real estate transaction, and it insures you against certain risks
to your ownership. Please read it and retain it with your other valuable papers.
A permanent record of your recorded title documents is accessible through our office. These records will
enable prompt processing of future title orders and save valuable time should you wish to sell or obtain a
loan on your property. Visit or call our office at (970) 245-1055 and simply give us your personal policy
file number when you need assistance.
In the event you sell your property or borrow money from a mortgage lender you may be entitled to a
discount rate if you order your title Insurance through this company.
We appreciate the opportunity of serving you and will be happy to assist you in any way in regard to your
future title service needs.
Sincerely,
Fidelity National Title Company
0 Fidelity
National Title
Insumnee Company
02111/20115:22:14 W slv
SCHEDULE A
Name and Address of idle Insurance Company: Fidelity National Title Company
480 West Park Drive, Suite 100
Grand Junction, CO 81505
Address Reference: 1879 County Road 264 Rifle, CO 81416 (for Informational purposes only)
File No.: 696-FO356578-396-KV
Date of Policy: January 3, 2011 at 06:00 P.M.
1. Name of Insured:
Howdy Robertson and Diann Robertson
2. The estate or interest in the land which is covered by this policy is:
Fee Simple
3. Title to the estate or interest in the land is vested in:
Howdy Robertson and Diann Robertson, as Joint Tenants
4. The land referred to in this policy is described as follows:
Policy No.: F0356578 -1-E
Amount of Insurance: $700,000.00
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED
7_4031-06(6/08) bA060P ALTA Owner's Policy (6/17/06)
C 2006-2009 American Land Tide Association. All rights reserved. The use of this Form is restricted to ALTA licensees =
and ALTM A members in good standing as of the date of use. All other uses are under license from the American Land Tide LAND M [
Association. AIIDOATIDN
IN
National Title°
Insurance Company
LEGAL DESCRIPTION
EXHIBIT "A"
A PARCEL OF LAND LOCATED IN THE NVV %AND SW 1/4 , SECTION 13, T6S, R94W, a P.M.,
GARFIELD COUNTY, COLORADO, WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHICH IS N 68 DEGREES 43'15" E 383.32 FEET FROM THE WEST
QARTER CORNER OF SAID SECTION 13; THENCE N 62 DEGREES 16'35" E 500.00 FEET; THENCE
S 27 DEGREES 43'25" E 250 FEET; THENCE S 62 DEGREES 16'35" W 500.00 FEET;THENCE N 27
DEGREES 4325" W 250.00 FEET TO THE POINT OF BEGINNING,
COUNTY OF GARFIELD, STATE OF COLORADO.
74-031-06(6/08) bA060P ALTA Owner's Policy (6/17/06)
Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form Is restricted to ALTA licensees �,a Raa,,,s�
and ALTA members in good standing as of the date of use. All other uses are under license from the American Land Title u«u niu
Assoclatlon. AMMUVow
Fidelity National 'Tale
Insurance Company
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or
expenses) which arise by reason of:
1. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance
thereof, (c) water rights, claims of title to water, whether or not the matters excepted under (a), (b), or (c)
are shown by the Public Records.
2. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency
that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the
records of such agency or by the Public Records.
3. All taxes and assessments for the year 2011 and subsequent years, a lien but not yet due or payable.
4. Reservations contained in the Patent:
Recording Date: March 17, 1892
Recording No: Book 12 Page 123
Which among other things recites as follows:
A right of way thereon for ditches or canals constructed by the authority of the United States of America.
The right of the proprietor of a vein or lode to extract and remove his ore therefrom should the same be
found to penetrate or intersect the premises hereby granted as provided by law.
5. Reservations contained in the Patent:
Recording Date: January 30,1926
Recording No: Book 112 Page 591
Which among other things recites as follows:
A right of way thereon for ditches or canals constructed by the authority of the United States of America.
6. An undivided two-thirds interest in all oil, gas, hydrocarbons and other mineral rights,as reserved by
Jacob Eshe and E. M. Mahaffey in the Deed to The Book Cliff Livestock Company and L. W. Clough,
recorded July 15, 1929 in Book 159 at Page 98 as Reception 104893, and any and all assignments thereof,
or interests therein.
7. OR and Gas Lease between Forrest C. Mahaffey and Eva M. Mahaffey and GMV Company, a
partnership, recorded November 1, 1973 in Book 451 at Page 328, and any and all assignments thereof, or
interests therein.
74-0314)6(8/08) bA060P ALTA Owners Pollcv (6/17/061
Copyright 2006.2009 American Land Title Association. All rights reserved. The use of this Form Is restricted to ALTA licensees AME=
and ALTA members in good standing as of the date of use. All other uses are under license from the American Land Title Association. LAND TITLE
MIOCIATN)N
Fidelity National Title
0 Insurance Company
SCHEDULE B
(Continued)
8. Oil and Gas Lease between Garris E. Mahaffey and Irene P. Mahaffey and GMV Company, a
partnership, recorded November 1, 1973 in Book 451 at Page 331, and any and all assignments thereof, or
interests therein.
9. Oil and Gas Lease between Minnie E. Mahaffey and Edwin John. Mahaffey and Donna Joyce Mahaffey
and GMV Company, a partnership, recorded November 1, 1973 in Book 451 at Page 334, and any and
all assignments thereof, or interests therein.
10. Oil and Gas Lease between The First National Bank of Grand Junction, Conservator of the Estate of
Freda Mahaffey and GMV Company, as partnership, recorded November 21, 1973 in Book 451 at Page
337, and any and all assignments thereof, or interests therein.
11. Oil and Gas Lease between Vera Mahaffey, Maureen Mahaffey Frederick, Margaret Mahaffey Gilbert
and Merrill D. Mahaffey and GMV Company, as partnership, recorded November 21, 1973 in Book 452
at Page 162, and any and all assignments thereof, or interests therein.
12. Oil and Gas Lease between The First National Bank of Grand Junction, Trustee under the Last Will and
Testament of Orville V. Mahaffey a/k/a Orville Mahaffey, Deceased and Northwest Exploration
Company, recorded January 19, 1979 in Book 521 at Page 936 and any and all assignments thereof, or
interests therein.
13. Oil and Gas Lease between The First National Bank of Grand Junction, Trustee for Alice Louise
Mahaffey and Northwest Exploration Company, recorded December 14,1979, in Book 540 at Page 990
and any and all assignments thereof, or interests therein.
14. Oil and Gas Lease between Annie Esche also known as Annie H. Esche and and William C. Garrett,
recorded February 3, 1972 in Book 427 at Page 31 and any and all assignments thereof, or interests
therein.
15. Oil and Gas Lease between William F. Clough aka W.F. Clough, individually and as Executor of the Will
of Leon William Clough aka L.W. Clough; and Iva H Clough and William F. Clough aka W.F. Clough,
Devisees under the Will of Leon William Clough and William C. Garrett, recorded January 7, 1972 in
Book 426 at Page 177 and any and all assignments thereo& or interests therein.
16. Right of Way Easement as granted by Northwest Pipeline Corporation by W. F. Clough by Document
recorded November 30, 1984 in Book 591 at Page 950.
17. Lack of a right of access from the land to any open public road, street or highway.
18. Right of Way Easement as granted by Northwest Pipeline Corporation by W. F. Clough by Document
recorded November 30, 1984 in Book 660 at Page 719.
Assignment of Right of Way Easement recorded 08/13/1991 in Book 810 at Page 990.
19.
20.
21.
National 1Itle
Insurance Company
SCHEDULE B
(Continued)
Terms, conditions, provisions, agreements and obligations contained in the Resolution No. 84-200 as set
forth below:
Recording Date: 09/17/1984
Recording No.: 355746
Terms, conditions, provisions, agreements and obligations contained in the Conveyance, Assignment and
Bill of Sale as set forth below:
Recording Date: 12/09/1996
Recording No.: Book 1002 Page 625
Any encroachments, encumbrances, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land and not shown by Public
Records.
Fidelity National title°
NPInsurance Company
POLICY NO: F0356578 -1-E
OWNER'S POLICY OF TITLE INSURANCE
Issued by
Fidelity National Title Insurance Company
Any notice of claim and any other notice or statement In writing required to be given the Company under
this Policy must be given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B, AND THE CONDITIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a Nebraska
corporation (the "Company? insures, as of Date of Policy and, to the extent stated In Covered Risks 9 and 10,
after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the
Insured by reason of.•
1. Title being vested other than as stated in Schedule A.
2. Any defect In or lien or encumbrance on the Title. This Covered Risk includes by is not limited to
insurance against loss from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, Incapacity, or impersonation;
(L) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed,
acknowledged, notarized, or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means
authorized by law;
(v) a document executed under a falsiFed, expired, or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including
failure to perform those acts by electronic means authorized by law, or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a govemmental authority
due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title
that would be disclosed by an accurate and complete land survey of the Land. The term
"encroachment'includes encroachments of existing Improvements located on the Land onto
adjoining land, and encroachments onto the Land of existing Improvements located on adjoining
land.
3. Unmarketable Title.
4. No right of access to and from the Land.
The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those
relating to building and zoning) restricting, regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any Improvement erected on the Land,
74-031-06(8/08) _ _ _ _ _ bA060P ALTA Owner's Policv (6/17/06
Copyright 2006.2009 American Land Tide Association. All rights reserved, The use of this Form is restricted to ALTA licensees !=
and ALTA members in good standing as of the date of use. All other uses are under license from the American land Title Association. LAND TITLE
WWI"100
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(c) the subdivision of land; or
(d) environmental protection
If a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or
Intention to enforce, but only to the extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered
Risk 5 if a notice of the enforcement action, describing any part of the Land, Is recorded in the Public
Records, but only to the extent of the enforcement referred to in that notice.
7. The exercise of the rights of eminent domain If a notice of the exercise, describing any part of the Land, is
recorded in the Public Records.
8. Any taking by a govemmental body that has occurred and Is binding on the rights of a purchaser for value
without Knowledge.
9. Title being vested other than as stated Schedule A or being defective
(a) as a result of the avoidance in whole or In part, or from a court order providing an altemative
remedy, of a transfer of all or any part of the title to or any Interest in the Land occurring prior to
the transaction vesting Title as shown in Schedule A because that prior transfer constituted a
fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors'
rights laws; or
(b) because the Instrument of transfer vesting Title as shown in Schedule A constitutes a preferential
transfer under federal bankruptcy, state insolvency, or similar creditors' fights laws by reason of
the failure or Its recording in the Public Records
(i) to be timely, or
(i►) to impart notice of its existence to a purchaser for value or to a Judgment or lien
creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9
that has been created or attached or has been filed or recorded In the Public Records subsequent to Date
of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that
vests Title as shown In Schedule A.
The Company will also pay the costs, attomeys' fees, and expenses Incurred In defense of any matter insured
against by this Policy, but only to the extend provided in the Conditions.
IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be
signed and sealed by Its duly authorized officers.
SEAL
PMIApn
ATTEST
O�rnury
Authorized Signature
Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Fond is restricted to ALTA licensees
and ALTA members In good standing as of the date of use. All other uses are under license from the American Land Title Association.
U
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or
damage, costs, attomeys' fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning)
restricting, regulating, prohibiting or relating to
(i) the occupancy, use, or enjoyment of the Land;
(11) the character, dimensions or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This exclusion 1(a) does
not modify or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion does not modify or limit the coverage provided under Covered
Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or
B.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured
Claimant and not disclosed In writing to the Company by the Insured Claimant prior to the date the Insured
Claimant became an Insured under this policy;
(c) Resulting in no loss or damage to the Insured Claimant;
(d) Attaching or created subsequent to Date of Policy (however this does not modify or limit the coverage provided
under Covered Risk 9 and 10); or
(e) Resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the
Title.
Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditor's rights laws, that
the transaction vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or
attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public
Records that vests Title shown in Schedule A.
I. DEFINITION OF TERMS
The following terms when used in
this policy mean:
(a) "Amount of Insurance": The
amount stated in Schedule A, as may
be increased or decreased by
endorsement to this policy, increased
by Section 8(b), or decreased by
Sections 10 and 11 of these
Conditions.
(b) "Date of Policy': The date
designated as "Date of Policy' in
Schedule A.
(c) "Entity": A corporation,
partnership, trust, limited liability
company, or other similar legal entity.
(d) "Insured": The insured named
In Schedule A.
(QThe tern "Insured" also
Includes
(A) successors to the Title
of the Insured by operation of law as
distinguished from purchase, including
CONDITIONS
heirs, devisees, survivors, personal
representatives, or next of kin;
(B) successors to an
Insured by dissolution, merger,
consolidation, distribution, or
reorganization;
(C) successors to an
Insured by its conversion to another
kind of Entity;
(D) a grantee of an
Insured under a deed delivered without
payment of actual valuable
consideration conveying the Title
(1) if the stock,
shares, memberships, or other equity
Interests of the grantee are wholly-
owned by the named Insured,
(2) if the grantee
wholly owns the named Insured,
(3) if the grantee is
wholly-owned by an affiliated Entity of
the named Insured, provided the
affiliated Entity and the named Insured
are both wholly-owned by the same
person or Entity, or
(4) If the grantee is a
trustee or beneficlary of a trust created
by a written instrument established by
the Insured named In Schedule A for
estate planning purposes.
(h) With regard to (A), (B),
(C), and (D) reserving, however all
rights and defenses as to any
successor that the Company would
have had against any predecessor
Insured.
(e) "Insured Claimant": An
Insured claiming loss or damage.
(f) "Knowledge" or "Known:"
Actual knowledge, not constructive
knowledge or notice that may be
Imputed to an Insured by reason of the
Public Records or any other records
that impart constructive notice of
matters affecting the Title.
(g) "Land: The land described in
Schedule A, and affixed improvements
74-031-06(6/06) bA060P ALTA Owner's Pollcv (6/17/061
Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form Is restricted to ALTA licensees ,u,
and ALTA members in good standing as of the date of use. All other uses are under license from the American Land Title Association. -ND TITLE
NWCMTIO"
that by law constitute real property.
The tern "Land" does not include any
property beyond the lines of the area
described in Schedule A, nor arty right,
title, Interest, estate, or easement in
abutting streets, roads, avenues,
alleys, lanes, ways, or waterways, but
this does not modify or limit the extent
that a right of access to and from the
Land is insured by this policy.
(h) 'Mortgage": Mortgage, deed of
trust, trust deed, or other security
Instrument, including on evidenced by
electronic means, authorized by law.
(1) 'Public Records": Records
established under state statutes at
Date of Policy for the purpose of
Imparting constructive notice of matters
relating to real property to purchasers
for value and without Knowledge. With
respect to Covered Risk 5(d), "Public
Records" shall also indude
environmental protection liens filed in
the records of the dark of the United
States District Court for the district
where the Land is located.
Q) "Title': The estate or interest
described In Schedule A.
(k) 'Unmarketable Title": Title
affected by an alleged or apparent
matter that would permit a prospective
purchaser or lessee of the Title or
lender on the Title to be released from
the obligation to purchase, lease, or
lend if there is a contractual condition
requiring the delivery of marketable
title.
2. CONTINUATION OF
INSURANCE
The coverage of this policy shall
continue in force as of Date of Policy in
favor of an Insured, but only so long as
the Insured retains an estate or interest
In the Land, or holds an obligation
secured by a purchase money
Mortgage given by a purchaser from
the Insured, or only so long as the
Insured shall have liability by reason of
warranties In any transfer or
conveyance of the Title. This policy
shall not continue in force in favor of
any purchaser from the Insured of
either Q) an estate or interest in the
Land, or (ii) an obligation secured by a
purchase money Mortgage given to the
Insured.
3. NOTICE OF CLAIM TO BE
GIVEN BY INSURED
CLAIMANT
The Insured shall notify the
Company promptly in writing (1) in case
of any litigation as set forth in Section
5(a) of these Conditions, 01) in case
Knowledge shall carne to an Insured
hereunder of any claim of title or
interest that is adverse to the Title, as
Insured, and that might cause loss or
damage for which the Company may
be liable by virtue of this policy, or (iii) If
the Title, as insured, is rejected as
Unmarketable Title. If the Company is
prejudiced by the failure of the Insured
Claimant to provide prompt notice, the
Company's liability to the Insured
Claimant under the policy shall be
reduced to the extent of the prejudice.
4. PROOF OF LOSS
In the event the Company is
unable to determine the amount of loss
or damage, the Company may, at Its
option, require as a condition of
payment that the Insured Claimant
furnish a signed proof of loss. The
proof of loss must describe the defect,
lien, encumbrance, or other matter
Insured against by this policy that
constitutes the basis of loss or damage
and shall state, to the extend possible,
the basis of calculating the amount of
the loss or damage.
5. DEFENSE AND
PROSECUTION OF ACTIONS
(a) Upon written request by the
Insured, and subject to the options
contained in Section 7 of these
Conditions, the Company, at Its own
cost and without unreasonable delay,
shall provide for the defense of an
Insured in litigation in which any third
party asserts a claim covered by this
policy adverse to the Insured. This
obligation is limited to only those stated
causes of action alleging matters
Insured against by this policy. The
Company shall have the right to select
counsel of its choice (subject to the
right of the Insured to object for
reasonable cause) to represent the
Insured as to those state causes of
action. It shall not be liable for and will
not pay the fees of any other counsel.
The Company will not pay any fees,
costs, or expenses Incurred by the
Insured in the defense of those causes
of action that allege matters not insured
against by this policy.
(b) The Company shall have the
right, In addition to the options
contained In Section 7 of these
Conditions, at Its own cost, to institute
and prosecute any action or proceeding
or to do any other act that In its option
may be necessary or desirable to
establish the Title, as insured, or to
prevent or reduce loss or damage to
the Insured. The Company may take
any appropriate action under the terms
of this policy, whether or not it shall be
liable to the Insured. The exercise of
these rights shall not be an admission
of liability or waiver of any provision of
this policy. If the Company exercises
Its rights under this subsection, it must
do so diligently.
(c) Whenever the Company
brings an action or asserts a defense
as required or permitted by this policy,
the Company may pursue the litigation
to a final determination by a court of
competent jurisdiction, and it expressly
reserves the right, in Its sole discretion,
to appeal from any adverse judgment
or order.
6. DUTY OF INSURED
CLAIMANT TO COOPERATE
(a) In all cases where this policy
permits or requires the Company to
prosecute or provide for the defense of
any action or proceeding and any
appeals, the Insured shall secure to the
Company the right to so prosecute or
provide defense in the action or
proceeding, including the right to use,
at Its option, the name of the Insured
for this purpose. Whenever requested
by the Company, the Insured, at the
Company's expense, shall give the
Company all reasonable aid (1) in
securing evidence, obtaining
witnesses, prosecuting or defending
the action or proceeding, or effecting
settlement, and (ii) in any other lawful
act that In the opinion of the Company
may be necessary or desirable to
establish the Title or any other matter
as Insured. If the Company Is
prejudiced by the failure of the Insured
to furnish the required cooperation, the
Company's obligations to the Insured
under the policy shall terminate,
Including any liability or obligation to
defend, prosecute, or continue any
litigation, with regard to the matter or
matters requiring such cooperation.
(b) The Company may
reasonably require the Insured
Claimant to submit to examination
under oath by any authorized
representative of the Company and to
produce for examination, Inspection,
and copying, at such reasonable times
and places as may be designated by
the authorized representative of the
Company, all records, in whatever
medium maintained, including books,
ledgers, checks, memoranda,
Copyright 2006-2009 American Land Tido Association. All rights reserved. The use of this Form is restricted to ALTA licensees
and ALTA members In good standing as of the date of use. All other uses are under license from the American Land Title Association.
It
correspondence, reports, e-mails,
disks, tapes, and videos whether
bearing a date before or after Date of
Policy, that reasonably pertain to the
loss or damage. All information
designated as confidential by the
Insured Claimant provided to the
Company pursuant to this Section shall
not be disclosed to others unless, in the
reasonable judgment of the Company,
It is necessary in the administration of
the claim. Failure of the Insured
Claimant to submit for examination
under oath, produce any reasonably
requested information, or grant
permission to secure reasonably
necessary information from third parties
as required in this subsection, unless
prohibited by law or governmental
regulation, shall terminate any liability
of the Company under this policy as to
that claim.
7. OPTIONS TO PAY OR
OTHERWISE SETTLE
CLAIMS; TERMINATION OF
LIABILITY
In case of a claim under this policy,
the Company shall have the following
additional options:
(a) To Pay or Tender Payment of
the Amount of Insurance.
To pay or tender payment of the
Amount of Insurance under this policy
together with any costs, attorneys' fees,
and expenses incurred by the Insured
Claimant that were authorized by the
Company up to the time of payment or
tender of payment and that the
Company Is obligated to pay
Upon the exercise by the
Company of this option, all liability and
obligations of the Company to the
Insured under this policy, other than to
make the payment required in this
subsection, shall terminate, Including
any liability or obligation to defend,
prosecute, or continue any litigation.
(b) To Pay or Otherwise Settle
With Parties Other Than the Insured or
With the Insured Claimant.
(1) To pay or otherwise settle
with other parties for or in the name of
an Insured Claimant any claim Insured
against under this policy. In addition,
the Company will pay any costs,
attorneys' fees, and expenses Incurred
by the Insured Claimant that were
authorized by the Company up to the
time of payment and that the Company
Is obligated to pay; or
(ii) To pay or otherwise settle
with the Insured Claimant the loss or
damage provided for under this policy,
together with any costs, attorney's fees,
and expenses Incurred by the Insured
Claimant that were authorized by the
Company up to the time of payment
and that the Company is obligated to
pay.
Upon the exercise by the
Company of either of the options
provided for in subsections (bxi)
or(ii),the Company's obligations to the
Insured under this policy for the
payments required to be made, shall
terminate, including any liability or
obligation to defend, prosecute, or
continue any litigation.
8. DETERMINATION AND
EXTENT OF LIABILITY
This policy is a contract of
indemnity against actual monetary loss
or damage sustained or incurred by the
Insured Claimant who has suffered loss
or damage by reason of matters
Insured against by this policy.
(a) The extent of liability of the
Company for loss or damage under this
policy shall not exceed the lesser of
(1) the Amount of Insurance;
or
(ii) the difference between
the value of the Title as insured and the
value of the Title subject to the risk
insured against by this policy.
(b) If the Company pursues its
rights under Section 5 of these
Conditions and is unsuccessful in
establishing the Title as insured,
(1) the Amount of Insurance
shall be increased by 10% and
(11) the Insured Claimant shall
have the right to have the loss or
damage determined either as of the
date the claim was made by the
Insured Claimant or as of the date It is
settled and paid.
(c) In addition to the extent of
liability under (a) and (b), the Company
will also pay those costs, attorneys'
fees, and expenses incurred in
accordance with Sections 5 and 7 of
these Conditions.
9. LIMITATION OF LIABILITY
(a) If the Company establishes
the Title, or removes the alleged defect,
lien or encumbrance, or cures the lack
of a right of access to or from the Land,
or cures the claim of Unmarketable
Title, all as insured, in a reasonably
diligent manner by any method,
including litigation and the completion
of any appeals, it shall have fully
performed its obligations with respect
bA060P
to that matter and shall not be liable for
any loss or damage caused to the
Insured.
(b) In the event of any litigation
Including litigation by the Company or
with the Company's consent, the
Company shall have no liability for loss
or damage until there has been a final
determination by a court of competent
jurisdiction, and disposition of all
appeals, adverse to the Title, as
insured.
(c) The Company shall not be
liable for loss or damage to the Insured
for liability voluntarily assumed by the
Insured in settling any claim or suit
without the prior written consent of the
Company.
10. REDUCTION OF
INSURANCE; REDUCTION
OR TERMINATION OF
LIABILITY
All payments under this policy,
except payments made for costs,
attorneys' fees, and expenses, shall
reduce the Amount of Insurance by the
amount of the payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be
reduced by any amount the Company
pays under any policy insuring a
Mortgage to which exception is taken in
Schedule B or to which the Insured has
agreed, assumed, or taken subject, or
which is executed by an Insured after
Date of Policy and which is a charge or
lien on the Title, and the amount so
paid shall be deemed a payment to the
Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of
loss or damage have been definitely
fixed in accordance with these
Conditions, the payment shall be made
within 30 days.
13. RIGHTS OF RECOVERY
UPON PAYMENT OR
SETTLEMENT
(a) Whenever the Company shall
have settled and paid a claim under
this policy, it shall be subrogated and
entitled to the rights of the Insured
Claimant in the Title and all other rights
and remedies in respect to the claim
that the Insured Claimant has against
any person or property, to the extent of
the amount of any loss, costs,
attorneys' fees, and expenses paid by
the Company. If requested by the
Company, the Insured Claimant shall
execute documents to evidence the
transfer to the Company of these rights
Copyright 2006,2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees 1AMEMCAN
000000
and ALTA members in good standing as of the date of use. All other uses are under license from the American Land Title Association. UNU TITL
uroeuTroN
and remedies. The Insured Claimant
shall permit the Company to sue,
compromise, or settle in the name of
the Insured Claimant and to use the
name of the Insured Claimant in any
transaction or litigation involving these
rights and remedies.
If a payment on account of a claim
does not fully cover the loss of the
Insured Claimant, the Company shall
defer the exercise of its right to recover
until after the Insured Claimant shall
have recovered its loss.
(b) The Company's right of
subrogatlon includes the rights of the
Insured to indemnities, guarantles,
other policies of insurance, or bonds,
notwithstanding any terms or conditions
contained in those Instruments that
address subrogation rights.
14. ARBITRATION
Either the Company or the Insured
may demand that the claim or
controversy shall be submitted to
arbitration pursuant to the Title
Insurance Arbitration Rules of the
American Land Title Association
('Rules"). Except as provided In the
Rules, there shall be no Joinder or
consolidation with claims or
controversies of other persons.
Arbitrable matters may include, but are
not limited to, any controversy or claim
arising out of or relating to this policy,
any service in connection with Its
Issuance or the breach of a policy
provision, or to any other controversy
or claim arising out of the transaction
giving rise to this policy. All arbitrable
matters when the Amount of Insurance
Is $3,000,000 or less shall be arbitrated
at the option of either the Company or
the Insured. All arbitrable matter when
the Amount of Insurance is In excess of
$2,000,000 shall be arbitrated only
when agreed to by both the Company
and the Insured. Arbitration pursuant
to this policy and under the Rules shall
be binding upon the panties. Judgment
upon the award rendered by the
Arbitrator(s) may be entered in any
court of competent jurisdiction.
15. LIABILITY LIMITED TO THIS
POLICY; POLICY ENTIRE
CONTRACT
(a) This policy together with all
endorsements, if any, attached to it by
the Company is the entire policy and
contract between the Insured and the
Company. In Interpreting any provision
of this policy, this policy shall be
construed as a whole.
(b) Any claim of loss or damage
that arises out of the status of the Title
or by any action asserting such claim
shall be restricted to this policy
(c) Any amendment of or
endorsement to this policy must be in
writing any authenticated by an
authorized person, or expressly
Incorporated by Schedule A of this
policy.
(d) Each endorsement to this
policy Issued at any time is made a part
of this policy and Is subject to all of its
terms and provisions. Except as the
endorsement expressly states, it does
not (1) modify any of the terms and
provisions of the policy, (ii) modify any
prior endorsement, (iii) extend the Date
of Policy, or (iv)increase the Amount of
Insurance.
16. SEVERABILITY
In the event any provision of this
policy, in whole or in part, is held invalid
or unenforceable under applicable law,
the policy shall be deemed not to
include that provision or such part held
to be Invalid, but all other provisions
shall remain in full force and effect
17. CHOICE OF LAW; FORUM
(a) Choice of Law. The Insured
acknowledges the Company has
underwritten the risks covered by this
policy and determined the premium
charged therefore in reliance upon the
law affecting interests In real property
and applicable to the Interpretation,
rights, remedies, or enforcement of
policies of title insurance of the
Jurisdiction where the Land Is located.
Therefore, the court or an
arbitrator shall apply the law of the
Jurisdiction where the Land is located to
determine the validity of claims against
the Title that are adverse to the Insured
and to Interpret and enforce the terms
of this policy. In neither case shall the
court or arbitrator apply its conflicts of
law principles to determine the
applicable law.
(b) Choice of Form: Any
litigation or other proceeding brought
by the Insured against the Company
must be filed only in a state or federal
court within the United States of
America or Its territories having
appropriate jurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other
notice or statement in writing required
to be given to the Company under this
policy must be given to the Company at
Fidelity National Title Company, Attn:
Claims Department, Post Offlce Box
45023, Jacksonville, Florida 32232-
5023.
Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees
and ALTA members in good standing as of the date of use. All other uses are under license from the American Land Title Association.
It
Order No. F0356578 -396 -KV
ENDORSEMENT
Attached to Policy No.: F0356578
Issued by
Fidelity National Title Insurance Company
1. Under Schedule A, the effective Date of Policy is hereby amended to read
February 25, 2020 at 6:00 P.M.
2. Under Schedule A, Paragraph 3, the vested owner is amended to read as follows:
HND Properties, LLC., a Colorado limited liability company
3. Under Schedule A, the Amount of Insurance is amended to read:
Sn/a
4. Under Schedule A, Paragraph 4, the Insured Mortgage is amended to read as follows:
n/a
5. Schedule B is amended as follows:
Policy No.
1. Terms, conditions, provisions, agreements, easements and obligations contained in Easement recorded
February 28, 2011 at Reception No. 799436; Assignment of Easement recorded February 28, 2011 at Reception No.
799437.
2. Terms, conditions, provisions, agreements and obligations contained in Resolution No. BOA 2011-003
Series of 2011 recorded May 4, 2011 at Reception No. 802145.
3. Terms, conditions, provisions, agreements and obligations contained in Resolution No. 2011-75 recorded
December 7, 2011 at Reception No. 811708.
4. Land Use Change Permit recorded March 13, 2012 at Reception No. 815793.
5. Quit Claim Deed recorded in connection with Right of Way and Easement recorded November 30, 1984 in
Book 660 at Page 719 thru 720, recorded June 28, 2013 at Reception No. 837333.
6. Amended Land Use Change Permit recorded September 16, 2013 at Reception No. 840680.
7. Terms, conditions, provisions, agreements and obligations contained Memorandum of Lease recorded
February 14, 2018 at Reception No. 903253.
This endorsement does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses,
by reason of any claim that arises out of the transaction creating the Modification by reason of the operation of federal
bankruptcy, state insolvency, or similar creditors' rights laws that is based on:
1. the Modification being deemed a fraudulent conveyance or fraudulent transfer; or
2. the Modification being deemed a preferential transfer except where the preferential transfer results from the
failure
a. to timely record the instrument of transfer; or
b. of such recordation to impart notice to a purchaser for value or to a judgment or lien creditor.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this
endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the
policy and of any prior endorsements.
CO 107.12A-06 Title Down -Date (Owner/Lender)
Order No. F0356578 -396 -KV
Dated: March 6, 2020
Fidelity National Title Insurance Company
Countersigned by: ,�g-.1
aa�r oPPOftqJ°a
SEAL �s
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a ra
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Authorized igna ure
CO 107.12A-06 Title Down -Date (Owner/Lender)
Mum
Policy No.
Order No. F0356578 -396 -KV
ENDORSEMENT
Attached to Policy No.:
Issued by
Fidelity National Title Insurance Company
The policy is hereby amended by adding as a named Insured therein:
HND Properties, LLC., a Colorado limited liability company
Policy No.
This endorsement does not extend the coverage of the policy to any later date than Date of Policy, nor does it impose any
liability on the Company for loss or damage resulting from (1) failure of such added Insured to acquire an insurable estate or
interest in the Land, or (2) any defect, lien or encumbrance attaching by reason of the acquisition of an estate or interest in the
Land by such added Insured.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this
endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the
policy and of any prior endorsements..
Dated: March 6, 2020
Fidelity National Title Insurance Company
Countersigned by:
Authorized igna ure
CO 107.9-06 Additional Insured (Owner/Lender)
1„gg1111q„ ��•
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LIMITED IMPACT REVIEW APPLICATION
FOR FABRICATION
HOWDY AND DIANN ROBERTSON, OWNER
1879 COUNTY ROAD 264, RIFLE
NARRATIVE, PART I:
The Applicants wish to add welding fabrication as a land use on this property. This sub-
ject property is in the Resource Lands Gentle Slope zoning district that allows the land use of
fabrication through the Limited Impact Review process.
Since 2001, the Applicants have owned and operated, in Garfield County, Man -Tex
Manufacturing and Welding, Inc., which provides design, manufacturing and repair services for
steel components used in the natural gas and construction industries. This company employs 20
full-time employees and has operated at a leased facility near Rifle prior to the purchase of the
subject property in 2010.
1. In addressing Section 4 — 502 (E) of Article IV of Garfield County's Unified Land
Use Resolution 2008, as amended, "Impact Analysis", following is the list of adjacent property
owners:
Clough Sheep Company, LLC
Post Office Box 686
Rifle, CO 81650
Parcel No. 2177-071-00-042
(and mineral interests of Parcel 2175-132-00-148)
Shelly Dawn Anderson
Post Office Box 646
Rifle, CO 81650
Parcel No. 2175-132-00-206
Maranda Anderson
Dawn Trust
Post Office Box 646
Rifle, CO 81650
Parcel No. 2175-141-00-207
Robertson: Limited Impact Review Narrative, Part I
Created on 10/6/2011 10:46:00 AM
Page 2 of _
Caerus Piceance LLC
1999 Broadway Suite
4000
Denver, CO 80202
Parcel No. 2175-131-00-055
2. Adjacent Land Use: There are two residential houses that border on the north of the
property. The other two adjacent landowners are Caerus Piceance and Maranda Anderson with
vacant land except for gas field related structures such as pipelines or gas field equipment.
3. Site Features: If you look at the existing conditions survey supplied with this Limited
Impact Review, you will find the property is a 2.87 acre gentle sloping lot (7 ft. in 250') from
north to south with no streams or high ground water areas that could cause flooding. The lot is
either an asphalt surface for parking, loading or unloading, or a gravel surface for outside
storage. The site has a 40' x 53' office building, 50' x 60' parts warehouse, and a 140' x 52'
metal storage building on the north side of the property with southern exposure for entrances and
overhead doors. There is little or no vegetation as most of the lot has been graveled for outside
storage.
4. Soil Characteristics: According to the Geotechnical Investigation Report by CTL
Thompson supplied in this Limited Impact Review, the subsurface of the lot is three inches of
aggregate base course (gravel) and 24' to 30' of sandy/clay underlain by sandstone bedrock with
no ground water encountered. The undisturbed natural soils will support footing foundations
and/or slab -on -grade floor construction.
5. Geology and llazard: If you review the findings in the Geotechnical Investigation
Report by CTL Thompson, supplied in the Limited Impact Review, and knowing the past history
of this business property (15 years or more), no potential natural or manmade hazards have been
observed.
6. Effect on Existing Water Supply and Adequacy: Water is supplied to this property by
a 1" water line off a City of Rifle water main. See the letter from the City of Rifle, dated
February 14,2020. Since this was adequate for the 12 - 15 employees of McJunkin Red Man
Corporation, prior lessee of the property for nine (9) years, Mr. Robertson believes it will be
adequate for his 12 - 15 employee.
7. Effect on Groundwater and Aquifer Recharge Area: This property has a septic system
that was inspected and approved by County building officials and has been working efficiently
for the past nine (9) years for the prior lessee, McJunkin Red Man Corporation, and it's
employees. (See letter from engineer Keith Mendenhall of Summit A/E, dated March 6,2020.)
8. Environmental Effects: The environmental effects on this property are existing
conditions because they have been that way for at least fifteen years. The perimeter was fenced
Robertson: Limited Impact Review Narrative, Part I
Created on 10/6/2011 10:46:00 AM
Page 3 of _
with an eight -foot chain link fence and an eight -foot high gate. The entire lot (2.87 acres) that
did not have a building on it was graveled for outside storage:
(a) With constant use as outside storage, flora and fauna were never developed;
(b) Through fifteen years of history, no significant archaeological, cultural,
paleontological or historic resources have come to light;
(c) Since being fenced over fifteen years ago, the effect on designated environmental
resources, including wildlife habitat, are not going to change. The environment
inside the fence has not changed in fifteen years, so the effects on the outside of
the fence probably will not change.
(d) No potential radiation hazard has been identified by the State or County Ilealth
Departments in the fifteen years of doing business on this property.
(e) No spill prevention control or counter --measure plans are applicable because Mr.
Robertson's business does not use general hazardous materials.
9. Traffic: Mr. Robertson offers a Traffic Study letter, dated February 15,2020, from
Apex Consulting Engineers.
10. Nuisance: The purpose of the new 52' x 75' steel building is to contain vapor, dust,
smoke, noise, glare or vibrations that might occur during fabrication inside the building, thus not
effecting adjacent property owners.
11. Reclamation Plan: A reclamation plan is not applicable to the situation because this
lot has existed for fifteen years the way it is and adding a 52' x 75' building to this property will
not change the general purpose or natural features of this property
r-eGarfield
CERTIFICATION OF MINERAL OWNER RESEARCII
This form is to be completed and submitted with any application for o Land Use Change Permit.
Mineral interests may be severed from surface right interests in real property. C.R.S. § 24-65.5-101, et seq,
requires notification to mineral owners when a landowner applies for an application for development from a
local government. As such, the landowner must research the current owners of mineral interests for the
property.
The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4-101(E)(1)(b)(4) requires
written notice to owners of mineral interests in the subject property in accordance with C.R.S. § 24-65.5-101,
et seq, "as such owners can be identified through the records in the office of the Clerk and Recorder or
Assessor, or through other means." This form is proof of applicant's compliance with the Colorado Revised
Statutes and the LUDC.
The undersigned applicant certifies that mineral owners have been researched for the subject property as
required pursuant to C.R.S. § 24-65.5-101, et seq, and Section 4-101(E)(1)(b)(4) of the Garfield County land
Use and Development Code, as amended. As a result of that research, the undersigned applicant certifies
the following (Please Initial on the blank line next to the statement that accurately reflects the result of
research):
— I own the entire mineral estate relative to the subject property; or
-."inerals are owned by the parties listed below
The names and addresses of any and all mineral owners identified are provided below (attach additional pages
as necessary):
I acknowledge I reviewed C.R.S. § 24-65.5-101, et seq, and I am in compliance with said statue and the
LUDC.
i
t2
Applicant's Sign r
_ a -!g= ffx"�
Date
Summit AE
2764 Compass Drive, #230
Grand Junction, CO 81506
(970) 261-9952
March 6, 2020
Tally Ho Construction
0145 County Road 225
Rifle, CO 81650
Attn: Jeff Parrington
Re: Existing septic system at the FEMCO site
Dear Jeff,
As noted in our 12/5/11 letter to you regarding the existing ISDS at the current FEMCO
site; the existing ISDS permit #3084 indicates that 25 infiltrator chambers were installed in 1998
in conjunction with a 1,250 gallon septic tank. Based on the observable existing absorption field
disturbed area of—24'x-50', three trenches were probably used to accommodate the infiltrator
chambers installed. If we boost the peak daily flow assumed above to 300gpd to allow for a
future employee increase (to —9 people on site), the use based on current health department
codes would require an absorption area of 440-+ sq. ft. The existing field was designed for an
abso?ption area of 473 sq. ft.
You have stated that FEMCO has 9 current employees (2-3 on-site daily) and the
proposed warehouse/shop space requires no new additional employees. It is the opinion of this
engineer that the existing ISDS system will adequately service the FEMCO facility. In addition,
this engineer recommends keeping an eye on the modified system for any unusual occurrences.
System regular maintenance is always encouraged for best performance with septic tank
pumping every three to four years, regular filter changes (if used), etc.
Sincerely,
Keith Mendenhall PE
HND PROPERTIES LLC
WELDING FABRICATION EXPANSION
LEVEL 1 TRAFFIC ASSESSMENT
RECEIVED FEB 1 7 201
Project Location: 1879 County Road 264
Rifle, CO 81650
Prepared By: APEX Consulting Engineers, LLC
1000 N 9th Street, Suite 44
Grand Junction, CO 81501
Report bate: February 15, 2020
41 iV-00 , t /iFy
s
;4AIL
RPEX
CONSULTING ENGINEERS
CIVIL ENGINEERS • MANAGEMENT • DEVELOPMENT
CONSULTING t�EERS
X
HND Properties, LLC Shop Expansion
Level 1 Traffic Assessment
Contents
1. Introduction.............................................................................................................................1
2. Project Location and Description.............................................................................................1
3. Site Access................................................................................................................................ 2
4. Trip Generation........................................................................................................................ 2
4.1 Existing Traffic..................................................................................................................3
4.2 Project Trips..................................................................................................................3
5. Results......................................................................................................................................3
Appendices
A. Project Floor Plan
B. ITE Trip Generation Data
CONSULTING TNEER
1. Introduction
APEX Consulting Engineers LLC (APEX) prepared this Level 1 Traffic Assessment for the proposed
3,900 sf expansion of an existing welding and fabrication business located in Rifle, Colorado. The
following sections describe the Project, access and traffic volumes.
This Level 1 Traffic Letter will determine the expected increase in traffic volume entering and exiting
the existing access to County Road 264. Traffic counts were not performed. The estimated increase
in traffic is determined using the Institute of Transportation Engineers (ITE) Trip Generation Manual
10th Edition.
2. Project Location and Description
As shown in Figures 1 and 2, the proposed Project is be located on the north side of County
Road 264 and contains an existing access. No improvements are proposed to the existing access.
The Project will add a 3,900 sf shop building to increase the welding and fabrication capacity of the
existing business.
Figure 1- Site Location Map
13 _I
RIFLE �-
6
II
N
4W—olazlo Tern.. Uq.
HND Properties, LLC Shop Expansion P a g e l
Level 1 Traffic Assessment
coNSULTING EX
NEERS
3. Site Access
The site has one existing access as shown in Figure 2. The subject Project Site currently contains a
5,200 SF welding and fabrication shop.
Figure 2 —Project Site Access
4. Trip Generation
Previous traffic assessments used Land Use Code (LUC) 110, General Light Industrial, from the ITE
Trip Generation Manual. This assessment will also use LUC 110 and will use the ITE Trip Generation
Manual 10th Edition. The description of uses for LUC 110 is included in Appendix A.
Note LUC 110 provides both rates and equations to estimate trip generation, though the equation
provides unreasonable results for this location and use. Therefore, the following results are based
on the rates. Examination of the data distribution allows for determination of data grouping and a
flow chart for decision making to use the rate or the equation. In this instance, the rate is used in
this Traffic Letter. In all peak hour cases, the higher of "either peak hour of roadway" or "peak hour
of generator" is used, providing a conservative assessment. In this case, peak hour of generator is
used. Trip generation traffic calculations from the ITETripGen Web -based App are attached in
Appendix B.
■ HND Properties, LLC Shop Expansion P a g e 12
Level 1 Traffic Assessment
CONSULTING T EX
• O�Pmewr.
4.1 Existing Traffic
Tables 1 and 2 show the ITE traffic volumes for the existing Project conditions as calculated with ITE
rates.
Table 1—Existing Weekday Trips per ITE LUC 110
Period Inbound Outbound Total
Average Daily 1 13 13 26
Table 2 — Existing Peak Hour Trips per ITE LUC 110
Period Inbound Outbound Total
AM Peak Hour 4 1 5
PM Peak Hour 0 4 4
4.2 Project Trips
The following table shows the added trips from the 3900 sf expansion as calculated with ITE trip
rates.
Table 3 —Added Weekday Trips from 3900 sf Expansion
Period Inbound Outbound Total
Average Daily 1 9 10 19
Table 4 —Added Weekday Peak Hour Trips from 3900 sf Expansion
Period Inbound Outbound Total
AM Peak Hour 3 1 4
PM Peak Hour 0 3 3
S. Results
The Project will result in an increase in traffic as follows:
Weekday Average Daily Trips increases 19 trips, from 26 ADT to 45 ADT.
Weekday AM Peak Hour Trips increases 9 trips, from 5 to 9 DHV
Weekday PM Peak Hour Trips increases 3 trips, from 4 to 7 DHV.
■ HND Properties, LLC Shop Expansion P a g e 13
Level 1 Traffic Assessment
I�PEX
Appendix A CoNSULTI G NGINEERS
;.
Land Use: 110
General Light Industrial
Description
Alight industrial facility is a free-standing facility devoted to a single use. The facility has an
emphasis on activities other than manufacturing and typically has minimal office space. Typical light
industrial activities include printing, material testing, and assembly of data processing equipment
Industrial park (Land Use 130) and manufacturing (Land Use 140) are related uses.
Additional Data
Time -of -day distribution data for this land use are presented in Appendix A_ For the 30 general urban/
suburban sites with data, the overall highest vehicle volumes during the AM and PM on a weekday
were counted between 7:30 and 8:30 a.m. and 4:30 and 5:30 p m., respectively
The sites were surveyed in the 1980s, the 2000s, and the 2010s in Colorado, Connecticut, Indiana,
New Jersey, New York, Oregon, Pennsylvania, and Texas.
Source Numbers
106, 157, 174, 177, 179, 184, 191, 251, 253, 286, 300, 611, 874. 875, 912
HND Properties, LLC Shop Expansion P a g e l
Level 1 Traffic Assessment
Appendix B
ITE Trip Generation Data
CONSULTING I.V—.
CML FN
eFws • evr nor ►rcrrr
Data Plot and Equation
OM STATISTICS
Existing
5.2 ksf
Lata use:
TRrcerel t.lgld Indtretrtal (,10)
X
IndopendanlVarfa4le:
t0003q F1 GFA
Tinto Period.
120
weekday
SatNgtytoeatioll:
100 X
GeneralutbaftSuburban
X .'
trip Typo:
Vebltlo
X
t)umber of Studles:
t
X
X X
40
i
X
Avg.1000Sq. FL GFA,
60 i
X
49
~
X X !
X
Average Rate
40i i
X X X
496
t '
Range of Rates
'
X X
034 4386
Stand" Deviation
20 X
X
420
"IX
Fitted Curve Equation:
0 _ _ i
X
T=379M-5796
0
30
20 30
R2
X 1000 Sq. Ft. GFA
054
Reset Zoom Restore
Directional Distitbutlon;
50% entering 50% oxbv
Calculated Trip Ends:
X Study Site
Fitted Curve - - - Average Rate
Ar9w Rate 26 (Tota% 13 (Entry) 13 (Ex8
Fitted Curve 78 (Tatar) 39 (Entry), 39 (Exit)
LeAd use:
Rax" WI tndu$M (110) 4�i$L.iR4fA4SSit
X Exoansion 3.9 ksf
Indopend0niVati;able:
tong Sq FL GrA
120
Time period:
Weekday
SdttiilgiLota0gn:
loo x
GeneralureanISuWfban
X , -'
Trip Type:
vehw
80X
X
number of Studlds:
r
XX
X
40
06Avg.1000
Sq. FL GFA
60
X
49
1
~
X X '
X
Avt rifge Rain
40
X X X
496
RengeSI Rates
X ' / X
0,34.4386
20 . X .
X
Standard Devtiltfon
X
420
x
Fitted Curve Equatiow..
0 r
T = 3 79pt) • 57 96
0
10
20 30
R2.
X 1000 Sq. Ft. GFA
054
Resat Zoom Restore
Oirectionef D)sgbfttlan.
5011 entering, i w- oxft
Ce)cdiated Trip Ends:
X Study Site
Fitted Curve - - - Average Rate
Averago Rate 19 (Total), 9 (Entry), 10 (Exit)
fibed Curvo. 73 CTotap, 36 (Entryk 37 (Exit)
■ HND Properties, LLC Shop Expansion P a g e l
Level 1 Traffic Assessment
I�PEX
(NEER
Data Plot and Equation
40
30
a
v
� 20
10
0
0
X Study Site
Existing 5.2 ksf
X
DATA STATISM
Land use:
General Ligm indusinst (110) Cudk for more get.,r
independent Variable:
1000 Sq Fl OFA
Ttmo Period:
Weekday
X PM Peak Hoa of 0enetetor
SattinglLocatim:
General UrbonfSubaban
TapTY00:
Vehicle
Humber of Studles:
44
Avg. IWO Sp. Ft. GFA
64
Avoraao Rate
083
Range of Rater
009.877
St&ndaN Devin ft
070
Fitted uprva Equatbn;
Ln(T) - 0 69 Ln(X) - 0.90
R2
081
Dftectlonel lAnibullon:
18% entering. 82% exiting
Calculated Trip Ends:
Average R -.e 4 (Total), 0 (Entry), 4 (E40
Fitted ewe 8 (To)all I (Entry), 7 (F)i)
10 20
X - 1000 Sq. Ft. GFA
Reset Zoom I Restore
Fitted Curve
30
- - - Average Rate
■ HND Properties, LLC Shop Expansion P age ( 2
Level 1 Traffic Assessment
Appendix B
ITE Trip Generation Data
CONSULTING G_ S
grits • eiir
Wit Plot and Equation
DATA STATISnC9
Existing 5.2 ksf
Land Use.
Ooveral LIgM industrial (110) Ogler =am
Independent Var)abie:
1000 Sq Ft GFA
X
Time Parted:
30
Weekday
X
AM Peak Haw of Generator
XXSgn)nglLocatbn:
General UtbatVSutxtrban
X
hip TM-.
a 20
Vehicle
w
X X
Humber of Studies:
43
X ,X
s
Avg. 1000 Sq. Ft. GFA
F 1
X X
X
59
X i
�
Average Rate
10 }
i)
092
x' X X
Ranpe0tRates
X X
009-1140
Standard Deviation
k
079
0
X
Filled Curve Equation:
0
30 20 30
T o 0 72(X) • IZ09
X 1000 Sq. Ft. GFA
A
Reset Zoom Restore
0 57
Dfrdctlonal 01stributlon:
87% entertng, 13% ax"
X Study Site
Fitted Curve - - - Average Rate
Calculated trip Ends:
Average Rate 5 (1e144 (Entry? I (Exit
FMad Curve. 16 (Total) 14 (Entry; 2 (Ext)
Data Plot and Equation
40
30
a
v
� 20
10
0
0
X Study Site
Existing 5.2 ksf
X
DATA STATISM
Land use:
General Ligm indusinst (110) Cudk for more get.,r
independent Variable:
1000 Sq Fl OFA
Ttmo Period:
Weekday
X PM Peak Hoa of 0enetetor
SattinglLocatim:
General UrbonfSubaban
TapTY00:
Vehicle
Humber of Studles:
44
Avg. IWO Sp. Ft. GFA
64
Avoraao Rate
083
Range of Rater
009.877
St&ndaN Devin ft
070
Fitted uprva Equatbn;
Ln(T) - 0 69 Ln(X) - 0.90
R2
081
Dftectlonel lAnibullon:
18% entering. 82% exiting
Calculated Trip Ends:
Average R -.e 4 (Total), 0 (Entry), 4 (E40
Fitted ewe 8 (To)all I (Entry), 7 (F)i)
10 20
X - 1000 Sq. Ft. GFA
Reset Zoom I Restore
Fitted Curve
30
- - - Average Rate
■ HND Properties, LLC Shop Expansion P age ( 2
Level 1 Traffic Assessment
FPEX
Appendix B CONSULTING NGINEERS
emits• r=vrionine�rt
40
30
W
20
10
0
0
X Study Site
I Exoansion 3.9 ksf
X
X
10 20
X - 1000 Sq. Ft. GFA
Reset Zoom I Restore
Fitted Curve
30
- - - Average Rate
General tight,neustrtal i+nor
tndependobtVartablU:
1000 Sq Ft GFA
ttmepad9d:
weekday
PM Peak Hour of Generator
SaWngflocatlon:
Genera) urbanfftbu an
Trip Typo:
Vahkle
Numborol Sbmtss:
44
Avg. 1000 Sq. F4 GFA.
54
Average Rate
083
RabgeoTRates
009.877
Standard Deviation
070
Fitted Curve Equabon:
ti+(T) - 0 691n0O. 0 00
R2
081
Directional DISRUN ion:
18% enrrmv. U% exiting
Calculated T�i p Ends:
Ave" Rate 3 (roar). 0 (Entry), 3 (EM
Fitted G+rva 8 (Tota!), 1(Enbyj, 5 (DA]
■ HND Properties, LLC Shop Expansion P a g e 13
Level 1 Traffic Assessment
band u¢e:
Exoansion 3.9 ksf
General ul,htIndustmt(11o):__::}..; .. �_.
Indepemlent VmraMe:
1000 3q Ft OFA
30
X
TNto PON,
X
woway
AM Peak Hour at Generator
Setling'�t.acation:
XX
Gomm: UtavUlwDan
X
Trip Type:
20
Vewde
It
X X ''
Nu(nberotStudks:
CL C
X .K
43
X X
Avg. 1000 Sq. Ft. GFA,
�-
X
59
X
Avi rage We
10
092
X X
Rnhge o1 Rotas.
XX
X X
009-1140
Standard Deviation
k
079
X
0
Fitted Curve Equation:
0
10 20 30
T = 0 7201) + 12 09
X 1000 Sq Ft. GFA
Rr
Reset Zoom I Restore
057
Directional Distribution:
87% entering. 13%v ftV
X Study Site
Fitted Curve - - - Average Rate
Calculated Trip Ends:
Average Rate 4 (Total), 3 (Entry% i (W)
Fitted Gave 15 (Total), 13 (Entry). 2 (FA)
40
30
W
20
10
0
0
X Study Site
I Exoansion 3.9 ksf
X
X
10 20
X - 1000 Sq. Ft. GFA
Reset Zoom I Restore
Fitted Curve
30
- - - Average Rate
General tight,neustrtal i+nor
tndependobtVartablU:
1000 Sq Ft GFA
ttmepad9d:
weekday
PM Peak Hour of Generator
SaWngflocatlon:
Genera) urbanfftbu an
Trip Typo:
Vahkle
Numborol Sbmtss:
44
Avg. 1000 Sq. F4 GFA.
54
Average Rate
083
RabgeoTRates
009.877
Standard Deviation
070
Fitted Curve Equabon:
ti+(T) - 0 691n0O. 0 00
R2
081
Directional DISRUN ion:
18% enrrmv. U% exiting
Calculated T�i p Ends:
Ave" Rate 3 (roar). 0 (Entry), 3 (EM
Fitted G+rva 8 (Tota!), 1(Enbyj, 5 (DA]
■ HND Properties, LLC Shop Expansion P a g e 13
Level 1 Traffic Assessment
C O L O R A p q
February 14, 2020
Mr. Patrick Waller
Garfield County Planner
Sir:
The City of Rifle currently provides 12" water distribution to West Rifle in the SH 6 corridor, which in
turn serves a 1" supply line to H. & D. Robertson at 1879 County Road 264.
Fire protection is supplied via a hydrant on SH 6 north and east of Exit 87 of 1-70.
Brian G. Prunty
Public Works Director
City of Rifle
Off. 970.665.6559
CITY OF RIFLE
202 RAILROAD AVENUE • P.O. BOX 1908 • RIFLE, CO 81650
WWW. R I F L E CO. OR G
TALLY HO CONSTRUCTION, INC.
P.O Box 188
Rifle, CO 81650
970-625-0208
To whom it may concern;
The building addition located at 1879 County Road 264 Rifle, Co is under
the designated square footage that requires a fire sprinker system at this
location.
Thanks,
Jeff Parrington
President
Tally Ho Construction
SITE PLAN
A PARCEL OF LANDLOCAITD IN THENWI/4 A.NDSW IVC 8EC7NJK13 T6S
R94W, 6TH P.AC, GARFTSLD COUNTY, COLORADO, WHICH PS UORP.
PARTICULARLY DESCRAIRD AS FOLLOWS-
BSGINMNG ATA POINT WHICH IS N6643 15'9383 M FEST FROM THR IVES!'
QUARTUR CORNRR OF SAID SUCTION 13, THENCE N62 -1635'E 500 00 FESt
PfENCE 527'43"25'6 250.00 FEET: IHE7CE S62'16 J5'W 500.00 FEET,. THEIfCE
N274325 W 250.00 FEET TO THE PDINTOF B9GINA'IAY,.
SCALE 1160 -
NOTES
1.1 DATE OF SURVEY WAS APRIL 2011, MARCH 12.
2013, O TOBERDER 1, 2013, AND PEBRUARY 03,
2020.
2✓17FIRPROPOSEDBUILDING SITEISNOTL TLD
WITHIN A 30% SLOPE AREA
3.1 SL9I'AYIONS ARE BASED ON A NAVD88 ELEVATION
OF SJ05.76 FESTON THE NOS MOffU.VF,NT
IVINCHE.STER AND ON THE SITE BENCHMARK. THE
NORTH BOUNDARf CORNER OP SUBJECT PARCEL, A
NO. 5 REHAB IAPLACE WTTH AN NAVDS8 ELEVATION
OF 5341.5' AS SPOWN HEREON
4.1 THIS SITE PLAN DOES NOT REPRESENTA
BOUNDARY, IMPROYEAIENT OR IMPROVEMENT
LOCATION CERTIFICATE SURVEY BY ROOKCL(W
SURVEY SERVICES, INC. OR AHD OF ITS ASSOCUTES
5.) THIS SURVEY WAS PREPARED WITHOUT THE
BENEFIT OF A CURREhTTIILE COMMITMENT AND
DOSS NOT REPRTiSENTA TITLE SBARCl/ BYTHIS
SURVEYOR ON HQOKC7.IFF SURVEY SERVICES, INC.
OF TILS PROPERTY SHOWN TO DETERMINE
OWNERSHIP, COMPATWILITY W7771 ADJOINING
PARCELS, OR P.ASEMENT OR EYCVMBRANCES OF
RBCORDS AFFECTING THIS PARCEL
SURVEYOR S STATEMENT
I .YICHARL ✓ IANGHORNE, A REGISTERED LAND
SURVEYOR
UNDER THE LAW'S OF 7719
STATE OF��C.T1
SURVHN;
&REBY CERTIFY THAT THE
S PREPARED ON 7111SDATE,IA,RVARY
OR UNDER M Y DIRECT
SUPP1tV, �IUID •..
AT T711S MAP IS A
TRU¢R9 SSNTATIO.
R Y
MICINLLv LING
DO REGISTRATION
NO. 3¢S`{Q�hQR AND OY
OF
BOOK�'b RSVkVEY'N
INC
HND Properties
3/1/2020
832 Courthouse Peak Lane
Montrose, Colorado, 81403
Dear Katie,
Concerning the Conex style containers at our location at 22505 Hwy 6 Rifle, CO.
They are temporary storage until the new building is finished and can be moved anytime.
Warm regards,
Howdy Robertson
Pres.
970-261-6494
Garfield County
Community Development Department
108 81h Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
DATE: December 28, 2018 (Updated December 11, 2019 — No changes per applicant)
PROJECT: Substantial Amendment to an Approved Land Use Change Permit
PROPERTY OWNER: HND Properties LLC — Howdy Robertson
REPRESENTATIVE: John Parrington
PARCEL NUMBER: 2175-132-00-148
LOCATION: 1879 County Road 264, Rifle, 81650
ZONING: Resource Lands
TYPE OF APPLICATION: Substantial Amendment to an Approved Land Use Change Permit
I. GENERAL DESCRIPTION
The Applicant is requesting to amend two approved Land Use Change Permits on the subject parcel. Two
Special Use Permits have been issued on the property (Resolution Number 80-290 and 84-200) for storage
including a storage yard and office/warehouse structure, and expansion of the existing office/warehouse and
parking. Additionally, the applicant has received approval for a welding/fabrication business on the site
(Resolution 2011-75).
The applicant is proposing to expand the welding/fabrication business by constructing another structure on
the property. This structure would be a direct expansion of the use. The applicant has represented that the
additional building on the parcel may result in a small increase in the number of employees. The location of
the structure will be located inside of the 100'setback required for Industrial Uses (Section 7-1001 of the Land
Use and Development Code). Because of this proposed location, the applicant will need to apply for a waiver
from that Section of the LUDC. This Waiver should address the Standards in Section 4-118.
II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS
• Section 4-106 determines the process for an amendment to an approved Land Use Change permit.
• Garfield County Land Use and Development Code, effective July 15, 2013
• Table 4-102, Common Review Procedures and Required Notice;
• Table 4-201, Application Submittal Requirements
Page 1 of 7
C:
C,
III. REVIEW PROCESS
To process a request for an Amendment to an Approved Land Use Change Permit, the applicant shall
schedule a pre -application conference. Within 10 days of the conference and after receiving all necessary
information, the Director shall make one of the following determinations:
a. Minor Modification
b. Substantial Modification.
c. Determination by the BOCC
lT0111111111111110lAl I1►,IVITAt[7T
In reviewing the information submitted the Director has determined that the proposed modification would
be a Substantial Modification to an Approved Land Use Change Permit. This requires the submittal of a new
application and a hearing in front of the BOCC, as the permit was issued through a public hearing process.
V. APPLICATION REVIEW
A. Reviewed by:
B. Public Hearing(s)
C. Referral Agencies:
VI. SUBMITTAL REQUIREMENTS
Staff for technical completeness and compliance with standards
BOCC—The Applicant is required to Notice as required for an
Limited Impact Review
Garfield County Designated Engineer, City of Rifle, etc.
The request for an Amendment to an Approved Land Use Change Permit shall submit all of the material
consistent with Table 4-201, as well as any other information deemed necessary by the Director. Submittal
requirements include the following for this Substantial Modification.
A. General Application Material (4-203.6), including
a. Application Form
b. Letter of Authorization, for any consultant acting on behalf of the owners and/or
leaseholder
c. Deed for the subject parcel
d. Title Commitment for the subject property
e. Fees and Payment agreement form
f. List with address of any Property Owners within 200' of the subject property
g. Mineral Owners and addresses for the subject property
h. General Description of the Application
B. Copy of previously approved Land Use Change Permit and amendments
C. Wastewater Management Plan — a professional engineer should review the septic system
and indicate whether or not the system is adequate for the increased usage.
D. Waiver Request for Section 7-1001 regarding industrial uses within 100' of a residential
property. This waiver request should address the Standards in Section 4-118.
E. The applicant should provide a narrative response to Article 7, Divisions 1, 2, and 3 as
applicable.
F. The applicant should provide a narrative response to Article 7-1001 of the Land Use and
Development Code.
G. The applicant shall provide a Traffic Study indicating if any additional level of traffic will be
generated by the new structure.
H. Letter from the City of Rifle indicating that the new building will be served by their water
distribution system.
I. Updated site plan showing the location of the proposed building
Page 2 of 7
CJ. Additional information may be required pending County Technical Completeness Review
VI. APPLICATION REVIEW FEES
This application will be subject to the following fees and deposit requirements:
Planning Review Fees: $ 300 (per application) Amendment to a Land Use Change Permit
Plus any additional Staff time charged at staff hourly rate of $40.50
Referral Agency Fees: $ TBD (includes consulting engineer fees billed at an hourly rate)
County Surveyor: $ N/A
Recordation: $ N/A
Total Deposit: $300
Disclaimer
The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on
current zoning, which is subject to change in the future, and upon factual representations that may or may
not be accurate. This summary does not create a legal or vested right. This summary is good for 6 months
from the date of signature.
Pre -application Summary Prepared by:
C
/)
B W
December 11 2019
Patrick Waller Date
Senior Planner
Page 3 of 7
jjj:�Garfield Cotta,
Amend an Approved Land Use Change Permit
(Section 4-106)
*Submission of Information pertaining to the req uestsd amendment
-Applicant has 6 months to submit application
-Within 10 days the Director will make one of the following determinations.
Minor Modification KiCC Determination Substantial MotMflcation
It needed to determine
substantial or minor
modification
*see process for Land Use
Change Permit
• 20 business days to
review *at a public meeting
*If incomplete, 60 days to • If BOCC determines it to
remedy deftitienaes � be a minor modification
proceed with
Admintstra6m Review
Ste' by for Minor modifications
Director I *If BOCC determines it to
be a Substantial
Modification, proceed
with new application
•Cail•upperiod • within
10 days of Directors
Decision
*Applicant has 1 year to
meet any conditions of
approval
Pa<ue 4 of 7
B. Section 4-104 Limited Impact
Garfield County
Limited Impact Review Process
(Section 4-104)
Sup 1, Pre -application Conf"enet
Stop? Appli.atinn 5lrbmlt4�
Step 3. Completeness Review
elfincomplete, 60days to remedy deficiencies
•Published, posted, and mailed to adjacent property owners within 200
feet and mineral owners at least 30 days but no more than 60 days prior
to BCKC public hearing
•21 day comntant period
*Applicant has I year to meet any conditions of approval
Page 5 of 7
Garfield
County
MEMORANDUM
TO: Staff
FROM: County Attorney's Office
DATE: June 24, 2014
RE: Mineral Interest Research
Mineral interests may be severed from surface right interests in real property. Colorado revised
statute 24-65.5-103 requires notification to mineral owners when a landowner applies for a land
use designation by a local government. As such, the landowner must research the current owners
of mineral interests for the property.
The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4-
101(E)(1)(b)(4) requires written notice to owners of mineral interests in the subject property "as
such owners can be identified through the records in the office of the CIerk and Recorder or
Assessor, or through other means."
It is the duty of the applicant to notify mineral interest owners. The following is a suggested
process to research mineral interests:
1. Review the current ownership deed for the property (i.e. Warranty Deed, Special
Warranty, Quit Claim Deed or Bargain and Sale Deed—NOT a Deed of Trust). The
ownership deed is usually one or two pages. Is there a reservation of mineral interests on
the ownership deed? Are there any exceptions to title? A deed may include a list of
reservations that reference mineral owners or oil and gas leases.
2. Review your title insurance policy. Are there exceptions to title listed under Schedule B-
11? If so, review for mineral interests that were reserved and oil and gas leases.
3. Check with the Assessor's office to determine if a mineral interest has been reserved
from the subject property. The Assessor's office no Ionger documents the mineral
reservation ownership for its tax roll records unless ownership has been proven. There
are only a limited number of mineral owners who have provided such information to the
Assessor's office so this may not provide any information, depending on your property.
Page 6 of 7
MEMO
June 24, 2014
Page 2
4. Research the legal description of the subject property with the Clerk and Recorder's
computer. You can search the Section, Township, and Range of the subject property.
You may find deeds for mineral interests for the subject property.
S. Research whether a Notice of Mineral Estate Ownership was filed for the subject
property. On the Clerk and Recorder's computer, search tinder Filter (on the right hand
side of the screen), General Recordings, Notice of Mineral Estate Ownership for the
subject property.
6. If you find mineral interest owners as reservations on your deed, listed in your title
insurance policy, from the Assessor's records or the Clerk and Recorder's computer, you
need to determine whether these mineral interests were transferred by deed and recorded
in the CIerk and Recorder's office.
7. Enter the name of the mineral interest owner as the Grantor in the Clerk and Recorder's
computer to see if the mineral interest was transferred. If you find a transfer deed, you
need to repeat this process to follow any transfer of the mineral interest to present day.
8. Include a description of your research process in your application and the name(s) and
address(es) of the current mineral interest owner(s).
Mineral interest research can be a difficult and time consumingprocess. If you are unable to
determine mineral rights ownership by yourself, consider hiring an attorney or landman.
Attorneys and landmen specialize in determining mineral rights ownership, but they charge a fee
for their services.
Page 7 of 7
Garfield County
Community Development Department
1088 1h Street, Suite 401
Glenwood Springs, CO 81601
(970)945-8212
www.garfield-county.com
LAND USE CHANGE PERMIT
APPLICATION FORM
TYPE OF APPLICATION
❑ Administrative Review
❑
---
Development in 100 -Year Floodplain
❑
Limited Impact Review
❑
Development in 100 -Year Floodplain Variance
❑
Major Impact Review
❑
Code Text Amendment
❑
Amendments to an Approved LUCP
❑ LIR t EMIR ❑■ SUP
❑
Rezoning
❑ Zone District❑ PUD ❑ PUD Amendment
❑
Minor Temporary Housing Facility
❑
Administrative Interpretation
❑
Vacation of a County Road/Public ROW
❑
Appeal of Administrative Interpretation
❑
Location and Extent Review
❑
Areas and Activities of State Interest
❑
Comprehensive Plan Amendmen
❑
Accommodation Pursuant to Fair Housing Act
❑
Pipeline Development
❑
Variance
❑
Time Extension (also check type of original application)
INVOLVED PARTIES
Owner/Applicant
Name: HND Properties LLC (Howdy Robertson)
Mailing Address: 832 Courthouse Peak Lane
Phone: ( 970 ) 625-9353
City: Montrose State: Co
E-mail:
Zip code: 81403
Representative (Authorization Required)
Name: John Parrington
Mailing Address: 145 County Road 225
Phone: ( 970 ) 618-2262
City: Rifle State: Co
E-mail: tallyhoconst@sopris.net
Zip Code: 81650
--- .._.__._..--------------
PROJECT NAME AND LOCATION
_
Project Name: _
HND Properties LLC
Assessor's Parcel Number: 2175 _ 132 00
Physical/Street Address: 1879 County Road 264
Legal Description:
148
Zone District: RLGS Property Size (acres): 2.87
Existing Use: Storage Yard and Office/Warehouse Structure with a 52'x 100' Steil Building used for metal fabrication.
Proposed Use (From Use Table 3-403): RLGS
Description of Project: Expand the fabrication area by adding another 52'x 100' Steel Building to the existing fabrication building.
Submission Requirements
❑ The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List:
Section: 7-1001 Section:
Section: Section:
Waiver of Standards
❑ The Applicant is requesting a Waiver of Standards per Section 4-118. List:
Section: Section:
Section: Section:
I have read the statements above and have provided the required attached information which is
correct and accurate to the best of my knowledge.
Signature of Property Owner Date
File Number: Fee Paid: $
HND Properties
832 Courthouse Peak Ln
Montrose CO. 81403
hrobertson@femcomachine.com
1/16/2019
Garfield County Designated Engineer
108 8th St Suite 401
Glenwood Springs, CO. 81601
Dear Garfield County Designated Engineer,
I ,Howdy Robertson of HND Properties, do appoint John Parrington of Tally Ho
Construction ,to act on our behalf in the matters of adding an addition to out existing shop
at 1879 cr264 (22505 Hwy 6 ) Rifle, CO. 81650
Sincerely,
Howdy Robertson
mill PAN MIV,111R:,41F MAI W10 FI'Q *14,1I III
Reception#: 902853
02!0112018 10:39:04 RM Jean 01berico
1 of 1 Rec Fee:$13.00 Doc Fee:0.00 GARFIELD COUNTY CO
STATEMENT OF AUTHORITY
1. This Statement of Authority relates to an entity named HND PROPERTIES, LLC.
2. The type of entity is a limited liability company.
3. The entity is formed under the laws of Colorado.
4. The mailing address for the entity is 832 Courthouse Peak Lane, Montrose, Colorado 81403.
5. The names. and position of each person autherizer{ to execute instrurnei:ts conveying,
encumbering, or otherwise affecting title to real property and personal property on behalf of the
entity are Cliff Lamar (Howdy) Robertson, Manager and Leslie Diann Robertson, Manager.
6. The authority of the foregoing persons to bind the entity is not limited.
7. This Statement of Authority is executed on _behalf of the entity pursuant to the provisions of
Section 38-30-172.
Executf .2018.
SOL/ TZ
Cliff Lamar ( y) Robertson, Manager
Leslie Diann Robertson, Manager
STATE OF COLORADO )
ss.
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me this LClt day of J2018,
by Cliff Lamar (Howdy) Robertson and Leslie Diann Robertson, Managers of HND PROPERTIES, LLC.
Witness my hand and officia seal.
My commission expires: _ �__0 1�2,)2,1 _ � -==ter :ISL. D. i_EIVICi`4Sw.
Ni01'.t4RY PURLiC
" _z�- 6F e5i
Kotaubl, rct AR'»
1, 2029
Document must be tiled electronically.
C Paper documents are not accopted.
Pees & forms are sul?tcct to change.
For more information or to print copies
of filed documents, visit w"'%N'.sos.state.co.us.
Colorado Secretary of State
Date and Time: 12/19/2017 11:45 AM
ID Number: 20171934279
Document number: 20171934279
Amount Paid: S50.00
•\B0b•1? SPAC'I I -UR OFFI( F: CSF O\i. P
Articles of Organization
filed pursuant tc § 7-80-203 and § 7-80--204 of the Colorado Revised Statutes (C.R.S.)
1. The domestic entity name of the limited liability company is
HND Properties, LLC
(The rranrr• nl n lineiled liahilirt• cantpmn• fllwI runirrbr the u•rnt or nlbhr•r•eiurinn
-hn fied liuhility c a,npu» ". -1A hubil:(v C017117wtr ". " limiled l;uhilitr Co. •'. '10.
liah.lit I -co ". •liruilr•d", "Ll - ". "pr. ", or "lyd. Sew ,7-90-60r, C.R.S.)
(C'uutiva: The IIS,' nJ OTIuin fel-tiv or• uhhreriuliom :n•(. reNtri.•led hi, lu1r. Read irmtrurti•nis fiw more in/inniodan.)
2. The principal office address ofthe limited liability company's initial principal oflice is
Street address
832 Courthouse Peak Lane
I.SIreel ntunhrr and ??(tine)
Montrose
fcit1)
tPr��rinrc-- iJ'upplirubler
CO 81403
(blirtr) VIP Puc[ul Gude)
United States
i ('uruttny
Mailing address _
( leave blank WS11111C as SlrcCt addre,$) (.SntYf nnrllhcr and nan?e or fast O(fire Ro.t' irl%al'nxrfival
(Acle) I/IPII'oUal Cade)
Ainre--if applicable) (Country)
3. The registered agent name and registered agent address of the limited liability company's initial registered
,/trent are
Name
(if an individual) Robertson Diann
(Lust( (I•lr+U LLfiddler t.S:{!/iri
or
(ifan entity) _
(C•uurion: Do not provide lanh tin individual fill,/ un enlitr wallas.)
Street address 83e Courthouse Peak Lane
/Street number and nunrej
Montrose Co 81403
(C'ityt (..Nlatet tZll'C:ode)
Mailing address _
(leave blank if ,/fine as street address) (Street nwnher and name fir Past Wife Rn: in(,rn:uliun)
ARTORc LLC
Pzaac t of 3
Rcv. 12 01'2012
_CIO
(Cit) (Starr•) (7_1p Code)
11 hr 6dlmr;itg nettement is aclop cd hr marking thr• has.)
❑K The Person appointed a:, registered agent has consented to being so appointed.
4. The true name and mailing address ol'the person tbrming the limited liability company are
Name
(il'an individual) Robertson Howdy _
(Lust) (l?r'so t.Yt:'ddle)
or
(il'an entity)
(Caution: 1)4) not plot ide holt art illdil•idtrnl rend an c•ntile rurorc.)
Mailing address 832 Courthouse Peak Lane
(Strrei number aur! name m Past Q#irr Rnx inlmntution)
Montrose
CO 81403
1011) (Siam/ (7.1P p).,tal Coder
United States .
(Prurinre— ifupplirablo (C'urutlt:v)
tl1 rin lbllrni in etrarnu ra ,q•plir•s, adopt the �qan•rn•nt hi' marking the hoc and inch,de nn anuehmr•nr.1
❑ The limited liability company has one or more additional persons forming the limited liability
company and tine name and mailing address of'each such person are :stated in an attachment.
_ 5. The management of the limited liability company is vested in
llark lire ,rpp1huhle h,.c.)
�. � one of more managers.
of
❑ the members.
f (*T/tr•(nilrnrittg stntr•nzertt is a,lnpe•rl hr nrarkirg the box.l
Q There is at least one member ol'the limited liability company.
7. (11 die lu!Inn rn >(atctnr ur ey,pirc:, adopt the .rust mrnr In marka{; tla• hear and in•halc un all urhrnvul. )
❑ This doctunent contains additional information as provided by law.
8. (Caution: Lew e blank ii the lurvtuent done not h lv a dela ve.d 4,th,clive date. .Statin,, a declared (.,fictive date has
.i,rri/iran(1r;,ul ronsequenr•r,•. Rrttd in.ctrnrtion.c helnre it r" a datr.)
th the ;Llh•trin;
This perjury notice applies to each individual w o causes this document to be delivered to the Secretary of
State, ,whether or not such individual is named is the document as one who has caused it to be delivered.
9. The true name and mailing address of the individual causing the document to be delivered for filinCT
g are
Letiloine Daniel D.
(Lust) (First/ (.t1'ddlet (Snf/ix)
120 West Third Street
(SAret number and name or Puss (thee Box in%rtuadoni
Rifle
(Cilr)
Wnmiu<<• — if upplir•uhle)
_ CO 81650
(Stac) 21PJPustal Cock)
United States .
(Cototny )
(!l Me Ji>llmriq� .ctolrn;rut .gyplir,, uelopt thv atemeni by murkitV the Iror and include an ullarltntetn.)
❑ This document contains the true name and mailing address ol'one or more additional individuals
causing the document to be delivered for filing.
Disclaimer.
This form cover sheet, and any related instructions, are not intended to provide legal, business: or tax advice,
and are Furnished without representation or N%arranly. While this form/cover sheet is believed to satisfy
lnnlnmum Icgal rcyuirCrIMIN as of its revision dare. compliance with applicable law, as the same may be
amended from time to time, remains the responsibility ofthe user ofthis form/cover sheet. Questions should
be addressed to the user', legal, business or tax advisor(s).
ARTORG T.I.0
Pubc 3 of 3
Res. 12 111.1301'
OFFICE OF THE; SECRETARY OF STATE
OF THE STATE OF COLORADO
CERTIFICATE OF FACT OF GOOD STANDING
I, Wayne W. Williams, as the Secretary of State of the State of Colorado, hereby certify that, according
to the records of this office,
HND Properties, LLC
iy a
Limited Liability Company
fanned or registered on 121.19.11) 017 under the law of Colorado, has complied with all applicable
requirements ofthis ol'lice. and is in good standing with this office. This entity has been assigned entity
identification number 20171934279 .
This certificate reflects facts established or disclosed by documents delivered to this office on paper through
121-18'2017 that have been posted, and by documents delivered to this office electronically through
1119/2017 til, 11:47:44 -
I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this
official certificate at Denver, Colorado on 12/19/2017 i
mill 1111 1RIWOM11~il,It LVA411041M. Wkwilk 11111
Reception#: 903253
022114/2018 11:08:09 RM Jean Hlberico
1 of 3 Red Fee: $23.00 Doc Fee: 0.00 GARFIELD COUNTY CO
Prepared By:
Mr. Daniel D. LeMoine
Stuver & LeMoine, P.C.
120 W. 3rd Street
Rifle, Colorado 81650
Please Record and Return to:
Nancy Lomazzo
Finn Dixon & Herling LLP
Six Landmark Square
Stamford, Connecticut 06901
Er%L RANDUM OF LEASE
This gives notice of a lease between HND Properties, LLC, a Colorado limited liability company, LESSOR,
having an address at 832 Courthouse Peak lane, Montrose, Colorado 81403, and FEMCO Holdings, LLC, a
Delaware limited liability company, LESSEE:, having an address at 22505 Highway 6, Rifle, Colorado
81650, affecting the use and occupancy of that certain real property described on Exhibit A, attached
hereto and incorporated herein by this reference.
Date of Lease: FEBRUARY 5, 2018
Lessor: HND PROPERTIES, LX, A COLORADO LIMITED LIABILITY COMPANY
Lessee. FEMCO HOLDINGS, _LC, A DELAWARE LIMITED LIABILITY COMPANY
Legal Description: SEE EXHIBITA ATTACHED HERETO AND INCORPORATED HEREIN BYTHIS
REFERENCE, ALSO KIJOWN AS 22505 HIGHWAY6, RIFLE, COLORADO 81650
Term of Lease: TEN (10) YEARS, COMMENCING FEBRUARY 51 2018 AND ENDING FEBRUARY 29,
2028, and which may thereafter be renewed for up to five (5) additional one (1)
year renewal periods.
Other Provisions: Section 27 of the Lease contains certain rights of first refusal for Lessee to
purchase the real property and certain restrictions on transfers by Lessor to
Lessee competitors, all as further described in such section.
[Remainder of Page Intentionally Left Blank]
(_ ( 3382139; 5; 023767007 )
3
1111 INFOROMM IWA OEM: iF jNJ4Y A 111111
Reception#; 903253
02114/2018 11:08:09 AM Jean ALberioo
2 of 3 Rec Fee:$23.00 Doc Fee:0.00 GARFIELD COUNTY CO
(Signature Page to Memorandum of Lease)
LESSOR: HND PROPERTIE LC,
A COLORAD iTED LI ITV�PANY
By-
y
Cliff
Cliff tam-3-r(Howdy) R,ptVson, Member/Rtanager
Date
Leslie Diann Robertson, Member/Manager
Date
LESSEE: FEMCO HOLDINGS, LLC,
A DELAWARE LIMITED jL MPANy
2,
By
Daniel J. Rondeau, Chief Executive Officer znd President
Date
STATE OF C01ORA00 )
Ss.
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me this day of l z' i a 2018,
by Cliff Lamar (Howdy) Robertson and Leslie Diann Robertson, as Members/Managers of HND Pr )erties,
LLC, a Colorado limited liability company.
official seal.
PATRICIA AXOREYOVK^
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID #20054015487
ConwaWim Expires Apd! 18, 2021
STATE OF 1.)4FS�'��� )
) ss.
COUNTY OF ��+' )
Notary Public
The foregoing instrument was acknowledged before me this M4 day of �-eb:`ys. Y2018,
by Daniel J. Rondeau, Chief Executive Officer and President of FEMCO HOLDINGS, LLC, a Delawar.limited
Liability Company. ✓' A
Witness my hand and official seal.
My Commission expires: -:T-H '
-:-;r-•;,�N'-,•r.>•>-,->>=ria-= �
{1W sjbC
�y,,,•x��CHf;ISTC)Ph1LR 0. JOHNSON Notary Public
' . E N Y PUBLIC - MINNESOTA
a ;�_;:� 41y Commission hxpires Jan. � �,y2,620
'7',.L,e>a;.c; e"�
796611 01/03/2011 11:18:01 AM Page 1 of 2
Jean Alberico, Garfield County, Colorado
GRec Fee: $16.00 Doc Fee: $70.00 eRecorded
WHEN RECORDED RETURN Tg:
POBox6113, DF: S 70.00
Parachute. CO 81635.
SPBCU L WARRANW DBBD
THIS SPECIAL WARRANTY DEED is made on DeeembarX, 2010 between
Source Gas Distribution, LLC ("Grantor"), duly organized and existing under the . laws of the State of
COLORADO
and
Howdy Robertson and Diann Robertson (" Qrantee'), as joint tenants
whose legal address is PO Box 6113, Parachute, CO 81635
WITNESS, that the Gmator, for and in consideration of SEVEN HUNDRED THOUSAND AND 001100
DOLLARS ($700,000.00), the receipt and sufficiency of whioh.is hereby acimowledgcd, has granted, bargained, sold
and conveyed and by these presents does grant, bargain, sell, convoy and confirm unto the Grantee -and the
successors and assigns of the Grantee forever, all of the real Property. togedber with the fimmes and improvements
located thereon, if any, situate, lying and being in the County of GARFIELD and State of COLORADO, described as
follows:
See Exhibit A attached hereto and made a part hereof. /
Also Known As: 1879 County Road 264, Rifle, CO 81416
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 ofthe Grantor, either in law or in equity, of, in and to the
above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
Grantee, its successors and assigns forever, The Grantor, for itself and its successors and assigns, does covenant and
agree that it shall and will WARRANT and FOREVER DEFEND the above bargained premises in the quiet end
peaceable possession of the Grantee and the successors and assigns Of the Grantee, against all and every person or
Persons lawfully claiming the whole, or any part thereof, by, through or under the Grantor.
EXECUTED AND DELIVERED on the date set forth above
Source Gas . nrtion,LLC
jg hitefoot, as Seni ice President of
rations
STATE OF: COLORADO
COUNTYOF:
The foregoing instrument was acknowledged before me on December -2q; 2010 by Doug Whitefoot as Senior Vice
President of OPcrations for Source Gas Distribution, LLC. '
My Commission Expires: CJ`s
Notary Public
� 011
D fl
DEfiDSW �9�� 'vBLiC4�a FIeNo. F0356578
OF efl`0 Doed (Special WmTanty)
■III WA W11-Y'AfWd 11111 EXHIBIT
61213 2 13 0 837333
P
06728/2013 03 08.25 PN Jean Riberico
1 of 1 Rec Fee i11 00 Doc Fee.0 00 GARFIELD COUNTY CO
QUITCLAIM DEED
THIS DEED, made this 17th day of June, 2013, by and between SourceGas Distribution
LLC, a Delaware corporation, party of the first part, whose address is 600 12th Street,
Suite 300, Golden, CO 80401, grantor, and Howdy Robertson and Diann Robertson,
grantee, whose mailing address is P.O. Box 6113, Parachute, Colorado 81635.
WITNESSETH, that the grantor, for and in consideration of the sum of Ten Dollars
($ 10.00) and other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, has remised, released, sold and QUIT CLAIMED, and by these
presents does remise, release, sell and QUIT CLAIM unto the grantee, all the right title,
interest, claim and demand which the grantor has in and to those certain property, situate,
lying and being in the County of Garfield and State of Colorado, described as follows:
That certain Right -of -Way and Easement signed and dated November 13,
1984 and recorded November 30, 1984 in Book 660, page 719 thru 720 in
records of Garfield County, Colorado and located in the Northwest Y+ and
the Southwest'/. of Section 13, Township 6 South, Range 94 West of the 6"'
Principal Meridian, Garfield County, Colorado.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances
and privileges thereunto belonging, or in anywise thereunto appertaining, and all the
estate, right, title, interest and claim whatsoever of the grantor, either in law or equity to
the only proper use, benefit and behoof of the grantee its heirs, successors and assigns
forever.
IN WIT NFSS WOF, the party of the first part has executed this Quit Claim Deed
this i �`- !T.J*-
day of, 20«
S ceGas stribution LLC.
By:
Doug as . Whitefoot, a President
STATE OF COLORADO
ss.
COUNTY OF JEFFERSON
This instrument was acknowledged before me on the «'day
2013, by Douglas D. Whitefoot, as Vice President of SourceGas Distribution LLC.
Witness &y�hand and official seal.
11co isslnn expires: 7— ~ 7— Zoo/ LL L
' IrjVI
P
Notary i
fir. C�
*FIDELITY
NATIONAL TITLE COMPANY
Howdy Robertson and Diann Robertson
1879 County Road 264,
Rifle, CO 81416
Date: February 11, 2011
File Number: 696-FO356578-396-KV
Property Address: 1879 County Road 264, Rifle, CO 81416
Policy Number: F0356578 -1-E
Dear New Property Owner:
480 West Park Drive, Suite 100
Grand Junction, CO 81505
Phone: (970) 245-1055
Fax: (970) 245-7706
Congratulations on your real estate purchase. Enclosed is your Policy of Title Insurance. This policy
contains important information about your real estate transaction, and it insures you against certain risks
to your ownership. Please read it and retain it with your other valuable papers.
A permanent record of your recorded title documents is accessible through our office. These records will
enable prompt processing of future title orders and save valuable time should you wish to sell or obtain a
loan on your property. Visit or call our office at (970) 245-1055 and simply give us your personal policy
file number when you need assistance.
In the event you sell your property or borrow money from a mortgage lender you may be entitled to a
discount rate if you order your title insurance through this company.
We appreciate the opportunity of serving you and will be happy to assist you in any way in regard to your
future title service needs.
Sincerely,
Fidelity National Title Company
0 Fidelity National Title
Insurance Company
02/11/20115:22-.14 fi0 slv
SCHEDULE A
Name and Address of Title Insurance Company: Fidelity National Title Company
480 West Park Drive, Suite 100
Grand Junction, CO 81505
Address Reference: 1879 County Road 264 Rifle, CO 81416 (for informational purposes only)
File No.: 696-FO356578-396-KV Policy No.: F0356578 -1-E
Date of Policy: January 3, 2011 at 06:00 P.M. Amount of Insurance: $700,000.00
1. Name of Insured:
Howdy Robertson and Diann Robertson
2. The estate or interest in the land which is covered by this policy is:
Fee Simple
3. Title to the estate or interest in the land is vested in:
Howdy Robertson and Diann Robertson, as Joint Tenants
4. The land referred to in this policy is described as follows:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED
74-031-06(6/06) bA060P ALTA Owner's Policy (6/17/06)
Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees A
AMEFICA`l
and ALTA members in good standing as of the date of use. All other uses are under license from the American Land Title L;NIo TITLE
Association. "°"
0 Fidelity
National Title
Insurance Company
LEGAL DESCRIPTION
EXHIBIT "A"
A PARCEL OF LAND LOCATED IN THE NW'/ AND SW 1/4 , SECTION 13, T6S, R94W, 6T" P.M.,
GARFIELD COUNTY, COLORADO, WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHICH IS N 68 DEGREES 43'15" E 383.32 FEET FROM THE WEST
QARTER CORNER OF SAID SECTION 13; THENCE N 62 DEGREES 16'35" E 500.00 FEET; THENCE
S 27 DEGREES 43'25" E 250 FEET; THENCE S 62 DEGREES 16'35" W 500.00 FEET;THENCE N 27
DEGREES 43'25" W 250.00 FEET TO THE POINT OF BEGINNING,
COUNTY OF GARFIELD, STATE OF COLORADO.
74-031-06(6/06) bA06OP ALTA Owner's Policy (6/17/06)
Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees Ahi E-
and ALTA members in good standing as of the date of use. All other uses are under license from the American Land Title L"No TlnE
Association.
0 Fidelity National Title
Insurance Company
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or
expenses) which arise by reason of:
(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance
thereof, (c) water rights, claims of title to water, whether or not the matters excepted under (a), (b), or (c)
are shown by the Public Records.
2. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency
that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the
records of such agency or by the Public Records.
All taxes and assessments for the year 2011 and subsequent years, a lien but not yet due or payable.
4. Reservations contained in the Patent:
Recording Date: March 17, 1892
Recording No: Book 12 Page 123
Which among other things recites as follows:
A right of way thereon for ditches or canals constructed by the authority of the United States of America.
The right of the proprietor of a vein or lode to extract and remove his ore therefrom should the same be
found to penetrate or intersect the premises hereby granted as provided by law.
Reservations contained in the Patent:
Recording Date: January 30,1926
Recording No: Book 112 Page 591
Which among other things recites as follows:
A right of way thereon for ditches or canals constructed by the authority of the United States of America.
6. An undivided two-thirds interest in all oil, gas, hydrocarbons and other mineral rights,as reserved by
Jacob Eshe and E. M. Mahaffey in the Deed to The Book Cliff Livestock Company and L. W. Clough,
recorded July 15, 1929 in Book 159 at Page 98 as Reception 104893, and any and all assignments thereof,
or interests therein.
Oil and Gas Lease between Forrest C. Mahaffey and Eva M. Mahaffey and GMV Company, a
partnership, recorded November 1, 1973 in Book 451 at Page 328, and any and all assignments thereof, or
interests therein.
74-031-06(6/06) bA060P ALTA Owner's Policy (6/17/06)
Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees AM
�Kl CAN
and ALTA members in good standing as of the date of use. All other uses are under license from the American Land Title Association. LAA'm TITLE
Fidelity National Title
Insurance Company
SCHEDULE B
(Continued)
8. Oil and Gas Lease between Garris E. Mahaffey and Irene P. Mahaffey and GMV Company, a
partnership, recorded November 1, 1973 in Book 451 at Page 331, and any and all assignments thereof, or
interests therein.
9. Oil and Gas Lease between Minnie E. Mahaffey and Edwin John. Mahaffey and Donna Joyce Mahaffey
and GMV Company, a partnership, recorded November 1, 1973 in Book 451 at Page 334, and any and
all assignments thereof, or interests therein.
10. Oil and Gas Lease between The First National Bank of Grand Junction, Conservator of the Estate of
Freda Mahaffey and GMV Company, as partnership, recorded November 21, 1973 in Book 451 at Page
337, and any and all assignments thereof, or interests therein.
11. Oil and Gas Lease between Vera Mahaffey, Maureen Mahaffey Frederick, Margaret Mahaffey Gilbert
and Merrill D. Mahaffey and GMV Company, as partnership, recorded November 21, 1973 in Book 452
at Page 162, and any and all assignments thereof, or interests therein.
12. Oil and Gas Lease between The First National Bank of Grand Junction, Trustee under the Last Will and
Testament of Orville V. Mahaffey a/k/a Orville Mahaffey, Deceased and Northwest Exploration
Company, recorded January 19, 1979 in Book 521 at Page 936 and any and all assignments thereof, or
interests therein.
13. Oil and Gas Lease between The First National Bank of Grand Junction, Trustee for Alice Louise
Mahaffey and Northwest Exploration Company, recorded December 14,1979, in Book 540 at Page 990
and any and all assignments thereof, or interests therein.
14. Oil and Gas Lease between Annie Esche also known as Annie H. Esche and and William C. Garrett,
recorded February 3, 1972 in Book 427 at Page 31 and any and all assignments thereof, or interests
therein.
15. Oil and Gas Lease between William F. Clough aka W.F. Clough, individually and as Executor of the Will
of Leon William Clough aka L.W. Clough; and Iva H Clough and William F. Clough aka W.F. Clough,
Devisees under the Will of Leon William Clough and William C. Garrett, recorded January 7, 1972 in
Book 426 at Page 177 and any and all assignments thereof, or interests therein.
16. Right of Way Easement as granted by Northwest Pipeline Corporation by W. F. Clough by Document
recorded November 30, 1984 in Book 591 at Page 950.
17. Lack of a right of access from the land to any open public road, street or highway.
18. Right of Way Easement as granted by Northwest Pipeline Corporation by W. F. Clough by Document
recorded November 30, 1984 in Book 660 at Page 719.
Assignment of Right of Way Easement recorded 08/13/1991 in Book 810 at Page 990.
0 Fidelity
National Title
Insurance Company
SCHEDULE B
(Continued)
19. Terms, conditions, provisions, agreements and obligations contained in the Resolution No. 84-200 as set
forth below:
Recording Date: 09/17/1984
Recording No.: 355746
20. Terms, conditions, provisions, agreements and obligations contained in the Conveyance, Assignment and
Bill of Sale as set forth below:
Recording Date: 12/09/1996
Recording No.: Book 1002 Page 625
21. Any encroachments, encumbrances, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land and not shown by Public
Records.
0 Fidelity
National Title
Insurance Company
POLICY NO: F0356578 -1-E
OWNER'S POLICY OF TITLE INSURANCE
Issued by
Fidelity National Title Insurance Company
Any notice of claim and any other notice or statement in writing required to be given the Company under
this Policy must be given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B, AND THE CONDITIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a Nebraska
corporation (the "Company) insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10,
after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the
Insured by reason of. -
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes by is not limited to
insurance against loss from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed,
acknowledged, notarized, or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means
authorized by law;
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney, -
(vi) a document not properly filed, recorded, or indexed in the Public Records including
failure to perform those acts by electronic means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority
due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title
that would be disclosed by an accurate and complete land survey of the Land. The term
"encroachment" includes encroachments of existing improvements located on the Land onto
adjoining land, and encroachments onto the Land of existing improvements located on adjoining
land.
3. Unmarketable Title.
4. No right of access to and from the Land_
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those
relating to building and zoning) restricting, regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on the Land,
74-031-06(6/06) bA060P ALTA Owner's Policy (6/17/06)
Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees AME-
and ALTA members in good standing as of the date of use. All other uses are under license from the American Land Title Association. E^No ma
Ai50Clnti<u
(c) the subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or
intention to enforce, but only to the extent of the violation or enforcement referred to in that notice_
6. An enforcement action based on the exercise of a governmental police power not covered by Covered
Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public
Records, but only to the extent of the enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is
recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value
without Knowledge.
9. Title being vested other than as stated Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative
remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to
the transaction vesting Title as shown in Schedule A because that prior transfer constituted a
fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors'
rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential
transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of
the failure or its recording in the Public Records
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien
creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9
that has been created or attached or has been filed or recorded in the Public Records subsequent to Date
of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that
vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured
against by this Policy, but only to the extend provided in the Conditions_
IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be
signed and sealed by its duly authorized officers.
VPlE 11i�
SEAL UU
� Pr¢sitlent
ATTEST�
Secretary
Authorized Signature
74-031-06(6/06) bA06OP ALTA Owner's Policy (6/17/06)
Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees AME-
and ALTA members in good standing as of the date of use. All other uses are under license from the American Land Title Association. I^N6 TmE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or
damage, costs, attorneys' fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning)
restricting, regulating, prohibiting or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This exclusion 1(a) does
not modify or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion does not modify or limit the coverage provided under Covered
Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or
8.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured
Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured
Claimant became an Insured under this policy;
(c) Resulting in no loss or damage to the Insured Claimant;
(d) Attaching or created subsequent to Date of Policy (however this does not modify or limit the coverage provided
under Covered Risk 9 and 10); or
(e) Resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the
Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditor's rights laws, that
the transaction vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or
attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public
Records that vests Title shown in Schedule A.
1. DEFINITION OF TERMS
The following terms when used in
this policy mean:
(a) "Amount of Insurance": The
amount stated in Schedule A, as may
be increased or decreased by
endorsement to this policy, increased
by Section 8(b), or decreased by
Sections 10 and 11 of these
Conditions.
(b) "Date of Policy": The date
designated as "Date of Policy" in
Schedule A.
(c) "Entity": A corporation,
partnership, trust, limited liability
company, or other similar legal entity.
(d) "Insured": The insured named
in Schedule A.
(i)The term "Insured" also
includes
(A) successors to the Title
of the Insured by operation of law as
distinguished from purchase, including
CONDITIONS
heirs, devisees, survivors, personal
representatives, or next of kin;
(B) successors to an
Insured by dissolution, merger,
consolidation, distribution, or
reorganization;
(C) successors to an
insured by its conversion to another
kind of Entity;
(D) a grantee of an
Insured under a deed delivered without
payment of actual valuable
consideration conveying the Title
(1) if the stock,
shares, memberships, or other equity
interests of the grantee are wholly-
owned by the named Insured,
(2) if the grantee
wholly owns the named Insured,
(3) if the grantee is
wholly-owned by an affiliated Entity of
the named Insured, provided the
affiliated Entity and the named Insured
are both wholly-owned by the same
person or Entity, or
(4) if the grantee is a
trustee or beneficiary of a trust created
by a written instrument established by
the Insured named in Schedule A for
estate planning purposes.
(ii) With regard to (A), (B),
(C), and (D) reserving, however all
rights and defenses as to any
successor that the Company would
have had against any predecessor
Insured.
(e) "Insured Claimant": An
Insured claiming loss or damage.
(f) "Knowledge" or "Known:"
Actual knowledge, not constructive
knowledge or notice that may be
imputed to an Insured by reason of the
Public Records or any other records
that impart constructive notice of
matters affecting the Title.
(g) "Land": The land described in
Schedule A, and affixed improvements
74-031-06(6/06) bA06OP ALTA Owner's Policy (6/17/06)
Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees AA, E-
and ALTA members in good standing as of the date of use. All other uses are under license from the American Land Title Association. LAND TITLE
that by law constitute real property.
The term "Land" does not include any
property beyond the lines of the area
described in Schedule A, nor any right,
title, interest, estate, or easement in
abutting streets, roads, avenues,
alleys, lanes, ways, or waterways, but
this does not modify or limit the extent
that a right of access to and from the
Land is insured by this policy.
(h) "Mortgage": Mortgage, deed of
trust, trust deed, or other security
instrument, including on evidenced by
electronic means, authorized by law.
(i) "Public Records": Records
established under state statutes at
Date of Policy for the purpose of
imparting constructive notice of matters
relating to real property to purchasers
for value and without Knowledge. With
respect to Covered Risk 5(d), "Public
Records" shall also include
environmental protection liens filed in
the records of the clerk of the United
States District Court for the district
where the Land is located.
Q) "Title": The estate or interest
described in Schedule A.
(k) "Unmarketable Title": Title
affected by an alleged or apparent
matter that would permit a prospective
purchaser or lessee of the Title or
lender on the Title to be released from
the obligation to purchase, lease, or
lend if there is a contractual condition
requiring the delivery of marketable
title.
2. CONTINUATION OF
INSURANCE
The coverage of this policy shall
continue in force as of Date of Policy in
favor of an Insured, but only so long as
the Insured retains an estate or interest
in the Land, or holds an obligation
secured by a purchase money
Mortgage given by a purchaser from
the Insured, or only so long as the
Insured shall have liability by reason of
warranties in any transfer or
conveyance of the Title. This policy
shall not continue in force in favor of
any purchaser from the Insured of
either (i) an estate or interest in the
Land, or (ii) an obligation secured by a
purchase money Mortgage given to the
Insured.
3. NOTICE OF CLAIM TO BE
GIVEN BY INSURED
CLAIMANT
The Insured shall notify the
Company promptly in writing (i) in case
of any litigation as set forth in Section
5(a) of these Conditions, (ii) in case
Knowledge shall come to an Insured
hereunder of any claim of title or
interest that is adverse to the Title, as
insured, and that might cause loss or
damage for which the Company may
be liable by virtue of this policy, or (iii) if
the Title, as insured, is rejected as
Unmarketable Title. If the Company is
prejudiced by the failure of the Insured
Claimant to provide prompt notice, the
Company's liability to the Insured
Claimant under the policy shall be
reduced to the extent of the prejudice.
4. PROOF OF LOSS
In the event the Company is
unable to determine the amount of loss
or damage, the Company may, at its
option, require as a condition of
payment that the Insured Claimant
furnish a signed proof of loss. The
proof of loss must describe the defect,
lien, encumbrance, or other matter
insured against by this policy that
constitutes the basis of loss or damage
and shall state, to the extend possible,
the basis of calculating the amount of
the loss or damage.
5. DEFENSE AND
PROSECUTION OF ACTIONS
(a) Upon written request by the
Insured, and subject to the options
contained in Section 7 of these
Conditions, the Company, at its own
cost and without unreasonable delay,
shall provide for the defense of an
Insured in litigation in which any third
party asserts a claim covered by this
policy adverse to the Insured. This
obligation is limited to only those stated
causes of action alleging matters
insured against by this policy. The
Company shall have the right to select
counsel of its choice (subject to the
right of the Insured to object for
reasonable cause) to represent the
Insured as to those state causes of
action. It shall not be liable for and will
not pay the fees of any other counsel.
The Company will not pay any fees,
costs, or expenses incurred by the
Insured in the defense of those causes
of action that allege matters not insured
against by this policy.
(b) The Company shall have the
right, in addition to the options
contained in Section 7 of these
Conditions, at its own cost, to institute
and prosecute any action or proceeding
or to do any other act that in its option
may be necessary or desirable to
establish the Title, as insured, or to
prevent or reduce loss or damage to
the Insured. The Company may take
any appropriate action under the terms
of this policy, whether or not it shall be
liable to the Insured. The exercise of
these rights shall not be an admission
of liability or waiver of any provision of
this policy. If the Company exercises
its rights under this subsection, it must
do so diligently.
(c) Whenever the Company
brings an action or asserts a defense
as required or permitted by this policy,
the Company may pursue the litigation
to a final determination by a court of
competent jurisdiction, and it expressly
reserves the right, in its sole discretion,
to appeal from any adverse judgment
or order.
6. DUTY OF INSURED
CLAIMANT TO COOPERATE
(a) In all cases where this policy
permits or requires the Company to
prosecute or provide for the defense of
any action or proceeding and any
appeals, the Insured shall secure to the
Company the right to so prosecute or
provide defense in the action or
proceeding, including the right to use,
at its option, the name of the Insured
for this purpose. Whenever requested
by the Company, the Insured, at the
Company's expense, shall give the
Company all reasonable aid (i) in
securing evidence, obtaining
witnesses, prosecuting or defending
the action or proceeding, or effecting
settlement, and (ii) in any other lawful
act that in the opinion of the Company
may be necessary or desirable to
establish the Title or any other matter
as insured. If the Company is
prejudiced by the failure of the Insured
to furnish the required cooperation, the
Company's obligations to the Insured
under the policy shall terminate,
including any liability or obligation to
defend, prosecute, or continue any
litigation, with regard to the matter or
matters requiring such cooperation.
(b) The Company may
reasonably require the Insured
Claimant to submit to examination
under oath by any authorized
representative of the Company and to
produce for examination, inspection,
and copying, at such reasonable times
and places as may be designated by
the authorized representative of the
Company, all records, in whatever
medium maintained, including books,
ledgers, checks, memoranda,
74-031-06(6/06) bA060P ALTA Owner's Policy (6/17/06)
Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees 7
and ALTA members in good standing as of the date of use. All other uses are under license from the American Land Title Association. LAND TITLE
SSM IAT ItJN
correspondence, reports, e-mails,
disks, tapes, and videos whether
bearing a date before or after Date of
Policy, that reasonably pertain to the
loss or damage. All information
designated as confidential by the
Insured Claimant provided to the
Company pursuant to this Section shall
not be disclosed to others unless, in the
reasonable judgment of the Company,
it is necessary in the administration of
the claim. Failure of the Insured
Claimant to submit for examination
under oath, produce any reasonably
requested information, or grant
permission to secure reasonably
necessary information from third parties
as required in this subsection, unless
prohibited by law or governmental
regulation, shall terminate any liability
of the Company under this policy as to
that claim.
7. OPTIONS TO PAY OR
OTHERWISE SETTLE
CLAIMS; TERMINATION OF
LIABILITY
In case of a claim under this policy,
the Company shall have the following
additional options:
(a) To Pay or Tender Payment of
the Amount of Insurance.
To pay or tender payment of the
Amount of Insurance under this policy
together with any costs, attorneys' fees,
and expenses incurred by the Insured
Claimant that were authorized by the
Company up to the time of payment or
tender of payment and that the
Company is obligated to pay
Upon the exercise by the
Company of this option, all liability and
obligations of the Company to the
Insured under this policy, other than to
make the payment required in this
subsection, shall terminate, including
any liability or obligation to defend,
prosecute, or continue any litigation.
(b) To Pay or Otherwise Settle
With Parties Other Than the Insured or
With the Insured Claimant.
(i) To pay or otherwise settle
with other parties for or in the name of
an Insured Claimant any claim insured
against under this policy. In addition,
the Company will pay any costs,
attorneys' fees, and expenses incurred
by the Insured Claimant that were
authorized by the Company up to the
time of payment and that the Company
is obligated to pay; or
(ii) To pay or otherwise settle
with the Insured Claimant the loss or
damage provided for under this policy,
together with any costs, attorney's fees,
and expenses incurred by the Insured
Claimant that were authorized by the
Company up to the time of payment
and that the Company is obligated to
pay.
Upon the exercise by the
Company of either of the options
provided for in subsections (b)(i)
or(ii),the Company's obligations to the
Insured under this policy for the
payments required to be made, shall
terminate, including any liability or
obligation to defend, prosecute, or
continue any litigation.
8. DETERMINATION AND
EXTENT OF LIABILITY
This policy is a contract of
indemnity against actual monetary loss
or damage sustained or incurred by the
Insured Claimant who has suffered loss
or damage by reason of matters
insured against by this policy.
(a) The extent of liability of the
Company for loss or damage under this
policy shall not exceed the lesser of
(i) the Amount of Insurance;
or
(ii) the difference between
the value of the Title as insured and the
value of the Title subject to the risk
insured against by this policy.
(b) If the Company pursues its
rights under Section 5 of these
Conditions and is unsuccessful in
establishing the Title as insured,
(i) the Amount of Insurance
shall be increased by 10% and
(ii) the Insured Claimant shall
have the right to have the loss or
damage determined either as of the
date the claim was made by the
Insured Claimant or as of the date it is
settled and paid.
(c) In addition to the extent of
liability under (a) and (b), the Company
will also pay those costs, attorneys'
fees, and expenses incurred in
accordance with Sections 5 and 7 of
these Conditions.
9. LIMITATION OF LIABILITY
(a) If the Company establishes
the Title, or removes the alleged defect,
lien or encumbrance, or cures the lack
of a right of access to or from the Land,
or cures the claim of Unmarketable
Title, all as insured, in a reasonably
diligent manner by any method,
including litigation and the completion
of any appeals, it shall have fully
performed its obligations with respect
to that matter and shall not be liable for
any loss or damage caused to the
Insured.
(b) In the event of any litigation
including litigation by the Company or
with the Company's consent, the
Company shall have no liability for loss
or damage until there has been a final
determination by a court of competent
jurisdiction, and disposition of all
appeals, adverse to the Title, as
insured.
(c) The Company shall not be
liable for loss or damage to the Insured
for liability voluntarily assumed by the
Insured in settling any claim or suit
without the prior written consent of the
Company.
10. REDUCTION OF
INSURANCE; REDUCTION
OR TERMINATION OF
LIABILITY
All payments under this policy,
except payments made for costs,
attorneys' fees, and expenses, shall
reduce the Amount of Insurance by the
amount of the payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be
reduced by any amount the Company
pays under any policy insuring a
Mortgage to which exception is taken in
Schedule B or to which the Insured has
agreed, assumed, or taken subject, or
which is executed by an Insured after
Date of Policy and which is a charge or
lien on the Title, and the amount so
paid shall be deemed a payment to the
Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of
loss or damage have been definitely
fixed in accordance with these
Conditions, the payment shall be made
within 30 days.
13. RIGHTS OF RECOVERY
UPON PAYMENT OR
SETTLEMENT
(a) Whenever the Company shall
have settled and paid a claim under
this policy, it shall be subrogated and
entitled to the rights of the Insured
Claimant in the Title and all other rights
and remedies in respect to the claim
that the Insured Claimant has against
any person or property, to the extent of
the amount of any loss, costs,
attorneys' fees, and expenses paid by
the Company. If requested by the
Company, the Insured Claimant shall
execute documents to evidence the
transfer to the Company of these rights
74-031-06(6/06) bA060P ALTA Owner's Policy (6/17/06)
Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees AME �Rl CAN
and ALTA members in good standing as of the date of use. All other uses are under license from the American Land Title Association. A -D TITLE
n oaenur+
and remedies. The Insured Claimant
shall permit the Company to sue,
compromise, or settle in the name of
the Insured Claimant and to use the
name of the Insured Claimant in any
transaction or litigation involving these
rights and remedies.
If a payment on account of a claim
does not fully cover the loss of the
Insured Claimant, the Company shall
defer the exercise of its right to recover
until after the Insured Claimant shall
have recovered its loss.
(b) The Company's right of
subrogation includes the rights of the
Insured to indemnities, guaranties,
other policies of insurance, or bonds,
notwithstanding any terms or conditions
contained in those instruments that
address subrogation rights.
14. ARBITRATION
Either the Company or the Insured
may demand that the claim or
controversy shall be submitted to
arbitration pursuant to the Title
Insurance Arbitration Rules of the
American Land Title Association
("Rules"). Except as provided in the
Rules, there shall be no joinder or
consolidation with claims or
controversies of other persons.
Arbitrable matters may include, but are
not limited to, any controversy or claim
arising out of or relating to this policy,
any service in connection with its
issuance or the breach of a policy
provision, or to any other controversy
or claim arising out of the transaction
giving rise to this policy. All arbitrable
matters when the Amount of Insurance
is $3,000,000 or less shall be arbitrated
at the option of either the Company or
the Insured. All arbitrable matter when
the Amount of Insurance is in excess of
$2,000,000 shall be arbitrated only
when agreed to by both the Company
and the Insured. Arbitration pursuant
to this policy and under the Rules shall
be binding upon the parties. Judgment
upon the award rendered by the
Arbitrator(s) may be entered in any
court of competent jurisdiction.
15. LIABILITY LIMITED TO THIS
POLICY; POLICY ENTIRE
CONTRACT
(a) This policy together with all
endorsements, if any, attached to it by
the Company is the entire policy and
contract between the Insured and the
Company. In interpreting any provision
of this policy, this policy shall be
construed as a whole.
(b) Any claim of loss or damage
that arises out of the status of the Title
or by any action asserting such claim
shall be restricted to this policy
(c) Any amendment of or
endorsement to this policy must be in
writing any authenticated by an
authorized person, or expressly
incorporated by Schedule A of this
policy.
(d) Each endorsement to this
policy issued at any time is made a part
of this policy and is subject to all of its
terms and provisions. Except as the
endorsement expressly states, it does
not (i) modify any of the terms and
provisions of the policy, (ii) modify any
prior endorsement, (iii) extend the Date
of Policy, or (iv)increase the Amount of
Insurance.
16. SEVERABILITY
In the event any provision of this
policy, in whole or in part, is held invalid
or unenforceable under applicable law,
the policy shall be deemed not to
include that provision or such part held
to be invalid, but all other provisions
shall remain in full force and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law. The Insured
acknowledges the Company has
underwritten the risks covered by this
policy and determined the premium
charged therefore in reliance upon the
law affecting interests in real property
and applicable to the interpretation,
rights, remedies, or enforcement of
policies of title insurance of the
jurisdiction where the Land is located.
Therefore, the court or an
arbitrator shall apply the law of the
jurisdiction where the Land is located to
determine the validity of claims against
the Title that are adverse to the Insured
and to interpret and enforce the terms
of this policy. In neither case shall the
court or arbitrator apply its conflicts of
law principles to determine the
applicable law.
(b) Choice of Forum: Any
litigation or other proceeding brought
by the Insured against the Company
must be filed only in a state or federal
court within the United States of
America or its territories having
appropriate jurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other
notice or statement in writing required
to be given to the Company under this
policy must be given to the Company at
Fidelity National Title Company, Attn:
Claims Department, Post Office Box
45023, Jacksonville, Florida 32232-
5023.
74-031-06(6/06) bA060P ALTA Owner's Policy (6/17/06)
Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees ,,,,,E
and ALTA members in good standing as of the date of use. All other uses are under license from the American Land Title Association. ^^oT r E
Ll i � Garfield County
PAYMENT AGREEMENT FORM
GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") flotx)pY the D t /T"U�J
Ro Z E c Sb� D.8 SR N^3 1) tFne., PE,p—T, cS 1- J, C agree as follows:
1. The Applicant has submitted to the County an application for the following Project:
3 Ura S7fa.S-7`r/-fL OgDQ(F1 C#?T1OA.) FD R- 111\3D-145 SLG
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.
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:_ 140 J of Phone: ( )
Billing Contact Address: g 302 Ca0R ( hfoUS� PE --OX, �-, C-1 NG
City: 1'6 O /") i 2�5 State: Co Zip Code: % '`f D
Billing Contact Email:
Printed Narve^of Person A ori ) to Sign: No�D 5 o fat. ��S c�, r-�
�'-3 -//
(Date)
LIMITED IMPACT REVIEW APPLICATION
FOR FABRICATION
HOWDY AND DIANN ROBERTSON, OWNER
1879 COUNTY ROAD 264, RIFLE
NARRATIVE, PART I:
The Applicants wish to add welding fabrication as a land use on this property. This sub-
ject property is in the Resource Lands — Gentle Slope zoning district that allows the land use of
fabrication through the Limited Impact Review process.
Since 2001, the Applicants have owned and operated, in Garfield County, Man -Tex
Manufacturing and Welding, Inc., which provides design, manufacturing and repair services for
steel components used in the natural gas and construction industries. This company employs 20
full-time employees and has operated at a leased facility near Rifle prior to the purchase of the
subject property in 2010.
1. In addressing Section 4 — 502 (E) of Article IV of Garfield County's Unified Land
Use Resolution 2008, as amended, "Impact Analysis", following is the list of adjacent property
owners:
Clough Sheep Company, LLC
Post Office Box 686
Rifle, CO 81650
Parcel No. 2177-071-00-042
(and mineral interests of Parcel 2175-132-00-148)
Shelly Dawn Anderson
Post Office Box 646
Rifle, CO 81650
Parcel No. 2175-132-00-206
Bureau of Land Management
Colorado River Valley Field Office
2300 River Frontage Road
Silt, CO 81652
Parcel No. 2175-141-00-207
Encana Oil & Gas (USA), Inc.
1900 Dalrock Road
Rowlett, TX 75088
Parcel No. 2175-131-00-055
Tally Ho Construction Inc.
From: Howdy Robertson <hrobertson@femcomachine.com>
Sent: Wednesday, January 16, 2019 11:32 AM
-o: 'Nita parrington'
Subject: County Pre App stuff.
Attachments: Shop Deed.PDF; Shop Lease.PDF; Shop Letter of Authority .docx; Shop Owner Statemendt of Athorit.PDF; Shop Title
for Rifle property. Open Access - Title Documents-5714138.pdf
John, Please see attached.
If I have missed anything please let me know.
The mineral Owners are the Clough Family of 1879 Cr 264 Rifle CO. 81650 c/o Shelly Anderson. 970-618-
5348
Thank YOU
Howdy Robertson
VP of Operations - CO
FEMCO MAN-TEX
22505 Highway 6
Rifle, CO 81650
T: 970-625-9353 (WELD)
C: 970-261-6494
E: hrobertson@femcomachine.com<mailto:hrobertson@femcomachine.com>
CW: www.femcomachine.com<http://www.femcomachine.conV>
Lcid:ima eg 001 jpg@O1D4AD8F.1479C4401
DISCLAIMER: This e-mail is only intended for the person(s) to whom it is addressed and may contain
confidential information. Unless stated to the contrary, any opinions or comments are personal to the writer and
do not represent the official view of the company. If you have received this e-mail in error, please notify us
immediately by reply e-mail and then delete this message from your system. Please do not copy it or use it for
any purposes, or disclose its contents to any other person. Thank you for your cooperation.
C
TALLY HO CONSTRUCTION, INC.
P.O Box 188
Rifle, CO 81650
970-625-0208
General Description of Application
Howdy Robertson, DBA HND Properties LLC, is requesting a substantial
modification to add a 50' x 75' addition to the existing 52' x 100' metal
fabrication building located at 22505 Highway 6 Rifle, Co 81650. Because the
new addition would be located inside the 100' set back required by section
7-1001 of the land use and development code it was determined to require
substantial modification.
Reception#: 802145
05/04/2011 11:01:42 RM Jean Alberico
1 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
RESOLUTION NO. BOA 2011-003
Series of 2011
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF GELD COUNTY
APPROVING A 'VARIANCE FROM THE REAR YARD SETBACK OF 100 FEET FOR
A PROPERTY LOCATED AT 1879 COUNTY ROAD 264, RIFLE, COLORADD,
GARFIELD COUNTY
PARCEL NO# 2175-132-00-148
Recitals
A.. Howdy and Diann Robertson (the "Applicants") submitted an application to the
Board of Adjustment of Garfield County, Colorado, (the `Board") requesting the Board grant a
variance from the' Unified Land Use Resolution of 2008, as amended C ULUW ). Specifically,
the Applicant requested a variance to the 100 feet rear yard setback required per. Section 3-213
(A)(3) of the ULUR for an industrial use.
B. Applicants are the owners of real property identified on the Garfield County
Assessors records) as Parcel No. 2175-132-00-148, more practically described as 1879 County
Road 264 and encompassing an area of 2.87 acres (the "Property").
C. The Property is contained within the Resource Lands -Gentle Slopes (RL) Zoning
District and issuance of the Rear Yard Setback variance will not affect compliance with the other
zone district standards contained within the ULUR.
D. The Applicants specifically request the Board grant a variance from the Rear Yard
Setback of 100 feet to 30 feet (the "Variance") as indicated on the site plan attached as Exhibit
A.
E. Garfield County is a legal and political subdivision of the State of Colorado, for
which the Board of County Commissioners is authorized to act.
F. The Board of County Commissioners of Garfield County has appointed the Board
and granted it the power and duty to determine whether variances should be granted under
prescribed circumstances.
G. Pursuant to C.R.S. § 30-28-117, the Board conducted a public hearing on April
25, 2011, upon the question of whether the Variance should be approved, denied, or whether any
action should be taken on this matter.
H. At the April 25, 2011 public hearing the Board, after full deliberations and
Page I of 3
�x—
Recepticrt#: 802145
05/04/2011 11:01:42 AM Jean Alberico
2 of 4 Rec Fee:$0.00 Doc 'Fee:0.00 GARF1 COUNTY CO
consideration of the evidence and testimony presented, approved the Variance from the Rear
Yard Setback from 140 feet to 30 feet.
I. The Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determinations of fact:
1. That proper posting and public notice were provided as required for the hearing
before the Board.
2. The hearing before the Board was extensive and complete, that all pertinent facts,
matters and issues were submitted and. that all interested parties were heard at that
hearing.
3. That for the above stated and other reasons made on the record, the Variance has been
determined to be in the best interest of the health, safety, morals, convenience, order,
prosperity and welfare of the citizens of Garfield County and that it has met the
standards and requirements for approval of a variance pursuant to Article 4, Division
3 of the ULUR, as amended
4. That a vote of four (4) members of the Board necessary to find in favor of the
Applicant was met.
RESOLUTION
NOW THEREFORE, BE IT RESOLVED by the Board of Adjustment, Garfield County,
Colorado, that:
A. The forgoing Recitals are incorporated by this reference as pari of the resolution.
B. A variance from Section 3-213(A)(3) of the. ULUR to reduce the rear yard setback from
100 feet to 30 feet as indicated on the site plan attached as Exhibit A is granted with the
following conditions.
1. All representations of the applicant within the application or made during the public
hearing shall be considered conditions of approval unless otherwise modified by the
Board of Adjustments.
2. All exterior lighting associated with the business shall be the minimum amount necessary
to provide a safe work environment and shall be downward facing and shielded to
Prevent light trespass on any adjoining property or affect traffic on local roads.
3. The Applicant shall meet all requirements of the Garfield County Unified band Use
Page 2 of 3
r
i
I
Reception#: 802145
05l04i20ii 11:01:42 AM Jean Alberico
3 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
Resolution of 2008, as amended and shall meet all building code requirements.
Dated this =Say of QV:*, , A.D. 20 \�
ATTEST:
GARFIELD COUNTY BOARD OF
ADJUSTMENT, GARFIELD COUNTY,
CO O
Chairman
Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
BRAD JORDAN CHAR , Aye or Nye
TOM MORTON VICE -CHAIR -_ , Aye or Nye
JOCK JACOBER, SECRETARY , Aye or Nye
STEVEN BOAT Aye or Nye
DWIGHT J UBL non votiniz member , Aye or Nye
STEPHEN DAMM non-voting member , Aye or Nye
TACO& EnforcemenABOMRobertson WianceWesolution BOA 2011-003.doc
f _ Page 3 of 3
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AMENDED
LAND USE CHANGE PERMIT
for
Northwest Exploration Company's approved storage yard and
office/warehouse structure; Northwest Pipeline Corporation's
expansion of the office/warehouse structure; and, Howdy and
Diann Robertson's addition of a 52.3' x 100' building and land
use of Fabrication — Cabinet Making, Woodworking,
Metalworking, Glazing, Machining on a 2.87 acre parcel of land
owned by Howdy and Diann Robertson located at 1,879 County
Road 264 in Section 13, Township 6 South, Range 94 West of the
6th PM, Garfield County.
Parcel No. 2975-132-00-948
In accordance with and pursuant to the provisions of the Garfield County.Unified
Land Use Resolution of 2008, as amended,, the Director hereby authorizes the
following amendment:
Addition of a 50' x 60' building, 21 feet in height.
This Amended Land Use Change Permit is issued and continues to be subject to
the conditions set forth in Resolutions 80-290, 84-200, and 2011-75 and all other
applicable provisions of the Garfield County Unified Land Use Resolution of
2008, as amended, Building Code, and other regulations of the Board of County
Commissioners of Garfield County, Colorado.
ATTEST: DIRECTOR OF THE COMMUNITY
DEVELOPMENT DEPARTMENT
File No.: LPAA 7511
Fred A. Jarman, Aq
at
■Ilf t t�fiW� li tk11f1 K11L�+'*1 III III
Recepti0nt?: 902932
02135!2018 010237 PM Jean Alberico
t of 2 Rec Fee:$18.00 Doc Fee:0.00 GARFIELD COUNTY CO
SPECIAL WARRANTY DEED
THIS DEED made this .AL day of, 2018, between HOWDY ROBERTSON aka CLIFF
LAMAR ROBERTSON and DIANN ROBE SON, of the e0unty of Garfield and State of Colorado, Grantors, and
HND PROPERTIES, LLC, A Colorado limited liability company whose legal address is 832 Courthouse Peak Lane,
Montrose, Colorado 81403 oFthe County of Montrose and State of Colorado, Grantee.
WITNESS, that the Grantor, for and in consideration of the sum of Ten Dollars and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged have granted, bargained, sold and conveyed
and by these presents do start, brtrgain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, all
the real property, together with any improvements, if any, situate, lying and being in the County of Garfield, State of
Colorado, described as follows:
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE.
also known by street address as: -2505 Highway 6, Rifle, Colorado 81654
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, 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 Grantors, either in law or equity, of, in and to the above
bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premise.; above bargained and described. with the appurtenances, unto the
Grantee its successors and assign:; forever. The Gramors, for themselves, their heirs, assigns and personal representatives
do covenant and agree that the Grantor shall and will WARRANT AND FOREVER DEFEND the above bargained
premises, in the quiet and peaceable possession of the Grantee its successors and assigns of the Grantee, against all and
every person or persons claiming the whole or any part thereof, by, through or under the Grantors.
IN WITNESS WHEREOF, the Grantor has executed this deed on the date set firth above.
L_ vLt"T��.—
I
lowdy Robert a Cliff Lamar Robertson i Diann Robertson
STATE OF COLORADO )
) ss.
COUNTY OF GARFIE,LD )
The foregoing instrument: was acknowledged before me thisz�t.. day of C1G�..vc 2018., by Howdy
Robertson aka Cliff Lamar Robertson and Diann Robertson.
Witness my hand and official seal.
My commission expires: "CgrVE
F
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mill NFAFROVII MMImhi Wwr1r, kg? m 111111
Recept1cn#: 903253
02/14/2018 11:09:09 AM Joan Alberlco
3 of 3 Rea Fee:E23.00 Doc Fee:0.00 GARFIELD COUNTY CO
Exhibit A
Legal Description
A PARCEL, OF LAND- LOCATED IN THE NW 1/4 AND SW 1/4, SECTION 13, T6S, R94W,
6T11 P.M., GARFIELD COUNTY, COLORADO, WHICH IS MORE PARTICULARLY
DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS N 68 DEGREES 43'1 51'E
383.32 FEET FROM THE WEST QUARTER CORNER OF SAID SECTION 13; THENCE N 62
DEGREES 16'35" E 500.00 FEET; THENCE S 27 DEGREES 43'25" E 250 FEET; THENCE S
62 DEGREES 16'35"'N 500.00 FEET; THENCE N 27 DEGREES 43'25" W 250.00 FEET TO
THE POINT OF BEGINNING,
COUNTY OF GARFIELD, STATE OF COLORADO.
TOGETHER WITH (BUT WITHOUT WARRANTY TO) ANY AND ALL EASEMEN'T'S AND
OTHER RIGHTS APPURTENANT TO SUCH PROPERTY AND/OR USED BY SUCH
PROPERTY, INCLUDING WITHOUT LIMITATION UNDER:
(i) THAT CERTAIN EASEMENT SIGNED AND DATED FEBRUARY 22, 2011 AND
RECORIDED FEBRUARY 28, 2011 AS RECEPTION NUMBER 799436 IN THE
RECORDS OF GARFIELD COUNTY, COLORADO, AS ASSIGNED BY THAT
CERTAIN ASSIGNMENT OF EASEMENT SIGNED AND DATED FEBRUARY 28,
2011 AND RECORDED FE13RUARY 28, 2011 AS RECEPTION NUMBER 799437
IN THE SAME RECORDS, AND BY THAT CERTAIN SPECIAL. WARRANTY
DEED 7'O LESSOR SIGNET) AND DATED JANUARY 29, 2018 AND RECORDED
ON OR ABOUT FEBRUARY 5 2018 AS RECEPTION NUMBER
902932 IN THE SAME RECORDS; AND
(ii) THAT CERTAIN RIGHT-OF-WAY AND EASEMENT SIGNED AND DATED
NOVEIVIER 13, 1984 AND RECORDED NOVEMBER 30, 1984 IN BOOK 660,
PAGES 179-720 IN SAME RECORDS, AS ASSIGNED BY THAT QUITCLAIM
DEED SIGNED AND DATED JUNE 17/18,2013 AND RECORDED JUNE 28, 2013
AS RECEPTION NUMBER 837333 1N THE SAME RECORDS, AND BY THAT
CERTAIN SPECIAL WARRANTY DEED TO LESSOR SIGNED AND DATED
JANUARY 29, 2018 AND RECORDED ON OR ABOUT FEBRUARY 5 , 2018
AS RECEP1:'ION NUMBER 902932 IN THE SAME RECORDS.
(3382139;51-02376-007)
Garfield County
July 9, 2013
Howdy Robertson
22505 Highway 6
Rifle, CO 81650
Attention: John Parrington
Tally Ho Construction, Inc.
0145 County Road 225
Rifle, CO 81650
RE: Howdy and Diann Robertson - Amendments to an Approved Land Use Change
Permit (LPPA 7511)
Dear Howdy and John:
The application for an amendment to an approved Land Use Change Permit as approved by
Resolution 2011-75, proposes to add a 50 foot x 60 foot building, 21 feet in height to the
property located at 1879 County Road 264, west of the City of Rifle, Colorado. As proposed,
this structure will be attached to the existing office building and used for storing parts for his
fabrication business (Exhibit A). This property also received approval for storage including a
storage yard and office/warehouse structure (Resolution 80-290) and a 30' x 40' building
expansion of office facilities and additional parking for vehicles (Resolution 84-200).
The property is currently developed with three metal structures; two one -storey buildings; and, a
one two-storey building. The area surrounding these structures consists of asphalt, gravel
and/or compacted dirt that are being used for the storage of materials and equipment for the
company. The entire parcel is enclosed by an eight foot tall chain link fence.
The surrounding properties consist of two residential homes adjacent and north of the site and
light industrial buildings and oil and gas machinery/equipment sprinkled along the subject site's
access road. The property is generally flat, sloping down to the southwest at grades less than
four percent. The entire site is disturbed with some weeds.
As per Section 4-106 of the Unified Land Use Resolution of 2008, as amended (ULUR), the
Director shall review the amendment request to determine whether the amendment is either a
minor or substantial modification using the criteria in Section 4-106 (C). Staff has conducted an
analysis of the criteria as follows:
Page 1 of 3
1. Comply with all requirements of this Code.
Staff Comment: The Applicant indicates that the property adheres to the ULUR. The
proposed structure will be set back 25 feet from the rear property line and 21 feet tall (roof's
.apex) which adheres to the Resource Lands — Gentle Slope zone district standards.
2. Do not conflict with the Comprehensive Plan.
Staff Comment: The property is located in Medium High Residential (2 to <6 AC/DU) of the
Garfield County Comprehensive Plan of 2030. In general, this application is in conformance
with the comprehensive plan however, it does not reflect the specific land use designation
as provided in the Future Land Use Map. There are no Intergovernmental Agreements that
affect this parcel
3. Do not change the character of the Development.
Staff Comment: The proposed building will not change the character of the site which is
light industrial in appearance.
4. Do not alter the basic relationship of the Development to adjacent property.
Staff Comment: Presently and in the past the subject property is used for light industrial
activities. The two existing residences adjacent and to the north of the site have co -existed
with this type of land use for years and the introduction of another building will not_change
their relationship. Also, storage of parts within a building will screen them from the public's
view.
5. Do not change the uses permitted.
Staff Comment: Resolution 80-290 permits the use of storage on the property.
6. Do not require amendment or abandonment of any easements or rights-of-way.
Staff Comment: The proposed building is located over a water line easement recorded
under Reception Number 357654, Book 660, Page 719 and Reception Number 426407,
Book, Page 990. This easement has been transferred to the property owner, Howdy and
Diann Robertson, from SourceGas Distribution, LLC by a Quit Claim Deed (Exhibit B).
7. Do not increase the density.
Staff Comment: Not applicable.
B. Do not increase the zone district dimensions to an amount exceeding the maximum
dimension in the applicable zone district in Table 3-201.
Staff Comment: The Resource Lands -- Gentle Slope zone dimension standards are not
exceeded by the proposed building.
9. Do not decrease the amount of the following to an amount below the minimum required in
the.applicable zone district:
a. Amount of dedicated open space.
Staff Comment: Not applicable. The Resource Land — Gentle Slope zone district nor
any of the Resolutions applicable to this property specify a dedicated percentage of
open space to be maintained on the parcel
b. The size of or change in the locations, lighting, or orientation of originally approved
signs.
Page 2 of 3
Staff Comment: The proposed building will not require signage or alter/change any
existing signage on-site. The Applicant will adhere to Condition 6 memorialized in
Resolution 2011-75 for the new building which states: "AII lighting associated with the
property shall be directed inward and downward towards the interior of the property. "
c. Any zone district dimensions in Table 3-201.
Staff Comment: The proposed building meets the district's zone standards.
Based on Staff's analysis of the criteria, it has been determined that the proposed amendment
to the approved Land Use Change Permit complies with the criteria and therefore will be
considered a Minor Modification. The Director hereby approves your amendment as
memorialized in the attached and modified Land Use Change Permit.
Respectfully,
Fred Jarman, AICP �J
Director of Building and Planning Department
Page 3 of 3
Receeepption#• 08
12/0712011 19:14:02 AM Jean Rlberico
1 of 7 Rec Fee:$0.00 Dao Fee:0.00•GRRFIELD COUNTY CO
STATE OF COLORADO }
)ss
County of Garfield )
At a regular -meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood
Springs on; Monday, the 5th day of December A.D. 2011, there were present:
John Martin
, Commissioner Chairman
Mike Samson,
Commissioner -
Tom Jankovsky
. Commissioner
Andrew Gorgev
, County Attorney
. C=y Gaenon__ _
, Assistant County Attorney
Jean Alberico
, Clerk of the Board -
Ed Green
. County Manager (absent)
when the following proceedings, among others were had and done, to -wit:
RESOLUTION.NO. 2011- 16' _
A RESOLUTION CONCERNED WITH THE APPROVAL OF A LAND USE CHANGE
PERMIT, SUAA 6770, TO BUILDING A 52-3'X 100' BUILDING -AND ADD THE LAND
USE OF FABRICATION — CABINET MAKING, WOODWORKING,
METALWORKING, GLAZING, MACHINING TO THE PROPERTY LOCATED OFF
OF A PRIVATE ROAD THAT CONNECTS TO SWALLOW LANE, AND
APPROXIMATLEY 0.30 MILES NORTH OF THE WEST RIFLE EXIT, AND WITHIN
A PROPERTY -OWNED BY HOWDY AND DIANN ROBERTSON, GARFIELD
COUNTY
PARCEL NO. 2175-132.00-145
Recitals
A. The Board of County Commissioners. of Garfield County, Colorado, received an
application for a Land Use Change Permit to build a SIT x 100' structure and allow
"Fabrication — Cabinet Making, Woodworking, Metalworking, -Glazing, Machining" on the
subject property.
B. The 2.87 -acre site, depicted in Exhibit A, -is located off of a private road which
obtains access from Swallow Lane; approximately 0.30 miles north of the West Rifle exit, Rifle,
.. 1
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CO, and is within property owned by Howdy and Diann Robertson.
C. The 2.87 -acre site is 'described in the application documents and located within
the parcel described in the attached Exhibit B and incorporated by this reference;
D. The subject property is contained within the Resource Land/Gentle Slopes zoning
district and. a Land Use Change Permit to amend a Special Use Permit to build a 52.3' x 100'
structure and allow "Fabrication — Cabinet Making, Woodworking, Metalworking, Glazing,
Machining" on the subject property requires approval through.a. Limited impact Review Process
by Garfield County.
E. The Board of County Commissioners. is authorized to approve, deny or approve
with conditions a Land Use Change Permit to amend a Special Use Permit to build a 52.3' x 100'
structure and allow "Fabrication — Cabinet Making, Woodworking, Metalworking, Glazing,
Machining" on the subject property pursuant to Section 1-301 and 4-105 of the Garfield County
Unified Land Use Resolution of 2008, as amended.
F. The Board of County Commissioners opened the public hearing on the 5th day of
December, 2011 upon the question of whether the Land Use .Change Permit application, SUAA
7009, to amend a Special Use Permit to build a 52.3' x 100' structure and allow "Fabrication —
Cabinet Making, Woodworking, Metalworking, GIazing, Machining" on. the subject property
should be granted or denied; during which hearing the .public and interested persons were given
the opportunity to express their opinions regarding the application.
•G. The Board of County Commissioners closed the public hearing on the 5th day of
.December, 2011 to make a final decision.
H. _ The Board .of County Commissioners on the basis of substantial competent
evidence produced at the aforementioned hearing has made the following determinations. of fact:
-.1. That proper public notice was provided as required for the . hearing before the
Board of County. Commissioners.
2. That the hearing before.the Board of County Commissioners was extensive and
complete, that all- pertinent facts, matters .and issues were submitted or could be
submitted and that all interested parties were heard at that meeting.
3. That for: the above stated and other reasons, the Land ' Use Change' Permit to
amend a Special 'Use . Permit to construct a. 52.3' x 100' building and allow
Fabrication — Cabinet Making, Woodworking, Metalworking, Glazing, Machining
on the -subject property are in the. best interest of the health, safety, morals,
convenience, order, prosperity and welfare of the citizens of Garfield County.
4. That the application, if all conditions are met, shall be in conformance with the applicable
sections of the Garfield County Unified Land Use Resolution of 2008, as amended.
2
C
mill KIRDI 'II1 U IKitilwiLlAMdr1009IAH 11111
Re*tion#• 811798
12187!2011 11:14.02 AN Jean RSberico
3 of 7 Rea Fee:$0.00 Roo Fee:0.00 GARFIELD COUNTY Co
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of the resolution.
B. The Land Use Change Permit, SUAA 7009, to construct a 52.3' x 100' building and
-allow Fabrication - Cabinet Making, Woodworking, Metalworking, Glazing, Machining
on the subject property its hereby approved subject to compliance with the following
conditions:
1. That all representations made by the Applicant in the application, and at the public hearing
before the Board of County Commissioners . shall be conditions of approval, unless
specifically altered by the Board of County Commissioners,
2. The Applicant shall comply with all- Federal, State, and local laws, regulations, and standards
governing the operation of this type of facility.
3. All operations shall comply with all applicable Federal and State Public Health and
Environment, Noise, and Air and Water Quality Control standards.
4: Vibration generated: the facility shall be so operated that the ground vibration inherently and
recurrently generated is not perceptible, without instruments, at any point of any boundary
line of the property on which the use is located.
5. Volume of sound generated shall comply with the standards set forth in the Colorado Revised
Statutes.
d.. All lighting associated With the property shall be directed inward and downward towards the
interior of the property.
7. That the Applicant shall. comply with the International.Fire Code as the Code pertains to the
operation of this facility.
8. Prior. to the issuance of the Certificate of Occupancy of the new structure, the Rifle Fire
Protection District shall approve the Fire Protection Water Supply Plan for the site. The
Applicant shall obtain a letter or email ofthis approval and provide Garfield County Planning
.Staff a copy for their review.
9. Prior to the issuance of a Certificate of Occupancy of the new building, the Applicant shall
provide Garfield County Planning Staff with a letter or email that the Rifle Fire Protection
District is satisfied with all fire code related items on the subject property.
3
X111 lRYriM.IMMIM ffi1d-WIRC9101 M14 11111
Reception#: 811708
1214)J2011 11:14:02 AM Jann`Alberico
4 of 7 Rea Fee:$0_00 Doc Fee 0.00 GARFIELD COUNTY CO
10. Prior to the issuance of a Land Use Change Permit, a qualified engineer registered in the State
of Colorado shall verify the adequacy of the size of the existing septic system for. the
proposed land.use and number of employees or. develop a neiv design and obtain a permit. for
the new -septic system. This information shall be submitted to. Garfield County Planning Staff
for review.
11. Prior to the issuance of Land Use Change Permit, the -Applicant shall submit a drainage
desigtl and report. -to address the geotechnical report and Sections 7-206 and 7-207 of the
Unified Land Use Resolution of 2008, as amended, . This information shall be submitted to
Garfield County Planning Staff for review.
12. Prior to the issuance of a.Land Use Change Permit, the Applicant shall install all signage as
specified in Colorado River Engineering's Traffic Study letter including a stop sign (R1-1) or
yield sign (R2-1) placed at the driveway access approach to the private access road.
Dated this �day of �-�� AA. , , A.D. 24
ATTEST: GARFIELD COUNTY BOARD OF
CONMESSIO , GARFIELD
COUNTY, OLO O
s ,
`ei6,'k of the Board
Upon motion duly made and seconded the f agoing Res ion was adopted by the -
following vote: /
COMMIS SIGNER. CHAIR. JOHN F. MARTIN , RR
R NAY
MI
COMSSIONER MIIKE SAMSON NAY
COMMISSIONER TOM JANKOVSKY R NAY
STATE OF COLORADO )
)ss
County. of Garfield )
n
m il I
Receeppticn#• 8117@8
5 off Reo Fees$ 00RDoe F e:Jean O.W GARFIELD COUNTY CO
County Clerk and ex -officio Clerk of the Board of
County Commissioners, in and for the County and. State aforesaid, do hereby certify that the
annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the
Board of County Cotmiissioners for said.Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said.
County, at Glenwood Springs, this day of , A -D. 20
County Clerk and ex -officio Clerk of the Board of County Commissioners
c
' Reestarn#: 811788
12/07!2011 11:14:02 AM Jean Alberico
6 of 7 Rea Fee:$0.00 Deo Fee_0,00 GARFIELD COUNTY CO
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Racept3en# 813708
12/@7/2017 11:14:02 AM Jean Alberioo
7 of 7 Reo Fee:$0.00 Do° Fee:0.00 GARFTELD COUNTY CO
EXMIT B
Legal Description of Subject Parcel
A parcel of land situated in Section 13, Township 6 South, Range 94 West of the 61� Principle
Meridian, Garfield County, Colorado, more particularly described as follows:
Beginning at a point whence the Quarter Corner
common to Sections 13 and 14, said Township and
Range, bears S.,67108'39" W. 461.67 feet,
thence N. '62°38' E. 420.00 feet;
thence S. 27°22' E. 250.00 feet;
thence S. 621'38' W. 300.00 feet;
thence N. 27°22' W.* 149.00 feet;
thence S. 62038' W. 120.00 feet;
thence N. 27022' W. 101.00 feet to the point of beginning. .
■IN F11111111MANI��"�II�'I��G � hliiGL III��I ti III
®3! 13P20120i : $5 57 329 M Jean Rlberieo
1 of i Reo Fee:$0,00 Dao Feec0,00 GARFIELD COUNTY Co
LAND USE CHANGE PERMIT
(Amendment to a Special Use Permit)
for
A 2.87 ACRE . PARCEL OF LAND OWNED BY HOWDY AND DIANN
ROBERTSON LOCATED OFF OF A PRIVATE ROAD WHICH OBTAINS
ACCESS FROM SWALLOW LANE, APPROXIMATELY 0.30 MILES NORTH OF
THE WEST RIFLE EXIT, RIFLE, CO IN SECTION 13, TOWNSHIP 6 SOUTH,
RANGE 94..WEST OF. THE 6TH PM, GARFIELD COUNTY, COLORADO, AS
LEGALLY DESCRIBED IN RESOLU77ON NO. 2011-75, RECORDED AT
RECEPTION NUMBER 811708.
PARCEL # 2175-132-00-148
In accordance with and pursuant to the provisions of the Garfield County Unified
Land .Use Resolution of 2008, as. amended, and Resolution No. 2011-75, the
Board of County Commissioners of Garfield County, State of Colorado, hereby
authorizes this Land Use Change Permit for the following activity:
'Fabrication -Cabinet Maki ng,'Woodwoirking,
Metalworking, Glazing, Machin' ing" (SURA 7009)
This Land Use Change Permit is issued subject to the conditions 'set forth in
Resolution 2011-75, and shall be valid only during compliance with such
conditions and other applicable .provisions of the -Garfield County Unified Land.
Use Resolution of 2008, as amended, Building Code, and other regulations of the
Board of County{ners of Garfield County, Colorado.
ATTEST:
ASF
�-_ORO
lerk of the Board
OI14�
GARFIELD C90nY BOARD OF
MMISSI ERS GARFIELD
CMqU LO DO
November 10, 2011
Ms. Molly Orkild-Larson
Garfield County Building & Planning
0375 County Road 352, Building 2060
Rifle, CO 81650
RE: SUAA 7009, Howdy and Diann Robertson: Special Use Permit
Dear Molly:
This office has performed a review of the documents provided for the Special Use Permit
Application of Howdy and Diann Robertson. The submittal was found to be thorough and well
organized. The review generated the following questions, concerns, and comments:
1. The Applicant provides plans showing a new steel building and its layout on the site. The
elevations show garage bays but the proposed plans do not show any improvements for a
drivable surface to these bays. The Geotechnical Report provides rigid and flexible pavement
designs that seem to be provided in anticipation of this. The Applicant should address any plans
for surrounding improvements to the proposed building, per Section 7-301 of the ULUR.
2. In the Geotechnical Report, the engineer states that proper drainage is critical to help mitigate
any differential settlement. The application materials do not provide any criteria or provide
design to show how drainage will be handled, per Section 7-206 of the ULUR.
C,)
3. Depending on the square footage of the proposed impervious area to be constructed, the
Applicant may need to address Stormwater Run-off, per Section 7-207 of the ULUR.
4. On the existing conditions survey there is an existing fuel tank and concrete pad shown that
would conflict with the proposed new building. There may be secondary containment and
hazardous material consequences. The Applicant should address what they plan to do with this
existing use, per Section 7-204 of the ULUR.
5. The application states that there is an existing on-site septic system that has been operating in
satisfactory condition with the existing uses and since the use will remain nearly the same then
the septic system should be adequate. However the actual size of the leaching area is unknown.
The Applicant should verify that the leaching area is adequate for the uses proposed, per Section
7-106 of the ULUR.
Feel free to call if you would like to discuss any part of the review.
Sincerely,
Mountain Cross Engineering, Inc.
Chris Hale, PE
Summit AE
2764 Compass Drive, #230
Grand Junction, CO 81506
(970) 261-9952 cell
(877) 565-6427 fax
Tally Ho Construction
0145 County Road 225
Rifle, CO 81650
Attn: Rob Parrington
Re: Existing septic system at the Man -Tex site
Dear Rob,
The existing septic system at the site noted above utilizes a 1,000 gallon in -ground tank.
The existing fixtures connected to this tank consist of 2 water closets and 2 lavatories. The
proposed building expansion would double the number of fixtures draining to the existing septic
system. If we assume the on-site employee daily average of 2-3 people (the balance of the
employees being in the field typically all day) then the gallon/person/day for the stated use of the
site would be 20 gallons. The daily total would be <100 gallons and the existing site septic
system appears to be adequate.
No information regarding the existing system absorption field is known at this time. This
engineer recommends keeping an eye on the modified system for any unusual occurrences.
System regular maintenance is always encouraged for best performance with septic tank pumping
every three to four years, regular filter changes (if used), etc.
Please contact me with any
Sincerely,
Keithendenhall PE
)n or concerns you may have with the septic system.
N.al
TALLY HO CONSTRUCTION, INC.
P.O Box 188
Rifle, CO 81650
970-625-0208
C. Wastewater Management Plan
Answer: In a letter from Mdunkin Red Man Corp. (Original owner before
Howdy Robertson) Dated 10/6/2011 Colleen Olmstead, the manager stated
that for 9 years they had 12-15 employees, customers and delivery
personnel use the waste water facilities. In a letter to Garfield County
building and planning, Dated 11/10/2011, Chris Hale PE From Mountain
Cross Engineering, Inc. was not concerned since the use was to remain the
same with the same number of employees. Howdy Robertson, with 12
employees, for the past 8 years has not had any problems either. Applicant
asks for a waiver from this section because by adding 2 more employees he
is still within the 12-15 employee range where the system is working now.
D. Applicant Requests A Waiver from section 7-1001 Of Land Use and
Development Code
Answer: Review Criteria
1) Allowing the new building addition to attach to the existing
fabrication area, will make for a more efficient use of existing utilities and
facilities.
2) Since the applicant has already been granted A Waiver to Section 7-
1001 for the existing fabrication building the new addition should also be
granted a waiver.
C",
LIMITED IMPACT REVIEW APPLICATION
FOR FABRICATION
HOWDY AND DIANN ROBERTSON, OWNER
1.879 COUNTY ROAD 264, RIFLE
NARRATIVE, PARI' IV:
In addressing Divisions 1, 2 and 3 of Article VII of. Garfield County's Unified Land
Use Resolution 2008, as amended, the applicants answer as follows:
DIVISION 1:
7-101: Compliance with Zone District Use Restrictions: According to the table "Re-
source Land Zone Districts" in Section 3-502 (page 3-29), fabrication, cabinet
making, woodworking, metalworking, glazing, and machining are permitted
uses subject to Limited Impact Review.
7-102: Compliance with Comprehensive Plan and Intergovernmental Agreements:
The approvals of a Special Use Permit, Resolution No. 80-290 in 1980, a Spe-
cial Use Permit, Resolution No. 84-200 in 1984, and with the variance this
year by the Garfield County Commissioners, pertaining to this project, keep
this project in compliance with the Comprehensive Plan and Intergovernmental
Agreements.
Tl 03: Compatibility: This property has been leased for the past nine (9) years by
McJunkin Red Man Corporation operating apipe and supply warehouse and
storage yard with 12 — 15 employees working as drive—i-s, warehouse personnel,
sales and administration personnel. Throughout that time they not only had
employees but daily customers in and out of this property, as well as delivery
trucks delivering pipe and supplies, including U.P.S., FedEx Freight, Motor
Freight, etc. Mr. Robertson's business operates in a very similar manner with
a similar number of employees, delivery trucks and traffic flow as Mc -14 nkin
Red Man -Corporation experienced when it operated on the. property. This
property has not shown an adverse impact to adjacent land in the past, includ-
ing the year Mr. Robertson had the property.
7-104: Sufficient Legal and Physical Source of Water: Mr. Robertson offers a. letter
from the City of Rifle's Director of Utilities, dated October 6, 2011, as an an-
swer to this section. Also, there is no irrigation associated with the property
and, therefore, Subsection B is not applicable.
Robertson: Limited Impact Review Narrative, Part W
Created on 10/14/2011 8:39 AM
Page 2 of 4
7-105: Adequate Water Supply: Again, Mr. Robertson offers the same letter from the
City of Rifle in answer to this section.
7-106: Adequate Central Water Distribution and Wastewater Systems: Concerning
central water distribution, see the letter from the City of Rifle's Director of
Utilities, dated October 6, 2011. As.to Subsection B, "Wastewater System
Standards," this property is serviced by a septic system and leech field plan
approved by the Garfield County Building Department for the prior owner. It
serviced the 12 — 15 employees of McJunkin Red Man Corporation for nine (9)
years, and it will be adequate for Mr. Robertson's 12 — 15 employees. (See
letter from engineer Keith Mendenhall of Summit A/E, stamped October 13,
2011, in support of this requirement.)
7-107: Adequate Public Utilities: Adequate public utilities are already in use on this
property.
7-108: Access and Roadways: This property is accessible from County Road 264.
(See Traffic Study letter, dated October 6, 2011, from Colorado River Engi-
neering, in answer to this section.)
7-109: No Significant Risk from Natural Hazards: Mr. Robertson in answer to this
section offers the fact that this business property is grand -fathered in by way of
Garfield County's continued approval of Special Use Permits in 1980 and
1984, and again this year for an addition to the warehouse.
DIVISION 2:
7-201: Protection of Agricultural Land: The property has an eight -foot high chain
link fence and no irrigation as seen on the Existing Conditions Survey pro-
vided with this application.
7-202: Protection of Wildlife Habitat Areas: issuance of a change of use permit will
not affect any of the areas in this section.
7-203: Protection of Wetlands and Water Bodies: This section is not applicable to this
application. There are no wetlands or bodies of water near this property.
7-204: Protection of Water Quality from Pollutants: There is not now nor will there
be hazardous materials stored on this property. No bodies of water are in close
proximity to this property. Furthermore, no maintenance of vehicles, fuel stor-
age or waste storage occurs on this property.
7-205: Erosion and Sedimentation: The proposed building addition will cause less
than five percent (5%) land disturbance to this property.
Robertson: Limited Impact Review Narrative, Part IV
Created on 10/14/2011 8:39 AM
Page 3 of 4
7-206: Drainage: Drainage has already been addressed in the Existing Conditions
Survey.
7-207: Stormwater Run-off. Stormwater run-off is not applicable because this prop-
erty does not come within the guidelines.
7-208: Air Quality: The proposed fabrication will be in a totally enclosed building so
as to not affect air quality.
7-209: Areas Subject to Wildfire Hazards: This property has little or no vegetation to
support or start a wildfire. Structures on this property are steel/metal buildings
(non-combustible).
7-210: Areas Subject to Natural Hazards and Geologic Hazards: This is not applica-
ble because the property is grand -fathered in by Garfield County's issuance of
Special Use Permits and building permits, etc.
7-211: Areas with Archeological, Paleontological or Historical Importance: The an-
swer to this requirement is the same as that of paragraph 7-210 above.
7-212: Reclamation: This section is not applicable because the new building is
replacing approximately 5,000 sq. ft. of gravel surface with concrete surface
and with little or no disturbance of the rest of the 2.87 acres.
DIVISION 3:
7-301: Compatible Design: All present structures are steel/metal buildings, and the
new building addition is a steel building with the same color and trim. Opera-
tional characteristics will be the same as the property's prior lessee (McJunkin
Red Man Corporation) of nine (9) years. The enclosed shop with outside stor-
age will have similar hours of operation and traffic patterns. (See Traffic
Study letter, dated October 6, 2011, from Colorado River Engineering.)
7-302: Building Design: Present structures are steel/metal buildings and the new
addition will be the same with matching color, design and solar orientation as
the existing shop.
7-303: Design and Scale of Development: This section is not applicable to this pro-
ject.
7-304: Off Street Parking and Loading Standards: See the Existing Conditions Sur-
vey, as a part of this application, which shows a very large asphalt parking and
�- delivery area inside the entry gate to the property. The total square foot of
Robertson: Limited Impact Review Narrative, Part IV
Created on 10/14/2011 8:39 AM
Page 4 of 4
building space is 9,300 sq. ft., and according to Table 7-304A, requires ten
(10) parking spaces, or 2,000 sq. ft. of parking. The asphalt parking lot is 100'
x 150' or 15,000 sq. ft., which meets the parking and delivery requirements.
The entry gate and driveway are the required minimum 24' for two-way traffic.
7-305: Landscaping and Lighting Standards: Concerning the landscaping, Mr.
Robertson asked for a waiver on this section on the grounds there is no irriga-
tion on this property or the surrounding properties. Lighting standards listed in
this section will be inspected by County Building Inspectors and the State
Electrical Inspector for compliance.
7-306: Snow Storage Standards: The area to the west of the asphalt parking lot, the
snow storage area, is 2.5% of the parking lot (15,000 sq. ft.). Therefore, 2.5%
of 15,000 sq. ft equals 375 sq. ft., whereas the snow storage area is 5,000 sq. ft.
and meets all requirements.
7-307: Roadway Standards: The access road is County Road 264, and as such, the
County has the requirement to construct and maintain the road to County stan-
dards.
7-308: Trail and Walkway Standards: This section is not applicable to this property.
7-309: Utility Standards: All necessary utilities are on the property. (See Existing
Conditions Survey for utility location, easements, etc.)
TALLY HO CONSTRUCTION, INC.
P.O Box 188
Rifle, CO 81650
970-625-0208
Narrative to Article 7-1001
Ans: The property is not in a subdivision. The property is enclosed in a
fenced in area and the fabrication is done inside an enclosed metal building.
There are no hazardous materials being used on the property. Noise is
contained inside the building and hours of operation are conducted
between 7:00 am and 7 pm Monday through Saturday.
LIMITED IMPACT REVIEW APPLICATION
FOR FABRICATION
HOWDY AND DIANN ROBERTSON, OWNER
1879 COUNTY ROAD 264, RIFLE
NARRATIVE, PART I:
The Applicants wish to add welding fabrication as a land use on this property. This sub-
ject property is in the Resource Lands — Gentle Slope zoning district that allows the land use of
fabrication through the Limited Impact Review process.
Since 2001, the Applicants have owned and operated, in Garfield County, Man -Tex
Manufacturing and Welding, Inc., which provides design, manufacturing and repair services for
steel components used in the natural gas and construction industries. This company employs 20
full-time employees and has operated at a leased facility near Rifle prior to the purchase of the
subject property in 2010.
1. In addressing Section 4 — 502 (E) of Article IV of Garfield County's Unified Land
Use Resolution 2008, as amended, "Impact Analysis", following is the list of adjacent property
owners:
Clough Sheep Company, LLC
Post Office Box 686
Rifle, CO 81650
Parcel No. 2177-071-00-042
(and mineral interests of Parcel 2175-132-00-148)
Shelly Dawn Anderson
Post Office Box 646
Rifle, CO 81650
Parcel No. 2175-132-00-206
Bureau of Land Management
Colorado River Valley Field Office
2300 River Frontage Road
Silt, CO 81652
Parcel No. 2175-141-00-207
Encana Oil & Gas (USA), Inc.
1900 Dalrock Road
Rowlett, TX 75088
Parcel No. 2175-131-00-055
Robertson: Limited Impact Review Narrative, Part I
Created on 10/6/2011 10:46 AM
Page 2 of 3
2. Adjacent Land Use: There are two residential houses that border on the north of the
property. The other two adjacent landowners are BLM and Encana Oil with vacant land except
for gas field related structures such as pipelines or gas field equipment.
3. Site Features: If you look at the existing conditions survey supplied with this Limited
Impact Review, you will find the property is a 2.87 acre gentle sloping lot (7 ft. in 250') from
north to south with no streams or high ground water areas that could cause flooding. The lot is
either an asphalt surface for parking, loading or unloading, or a gravel surface for outside
storage. The site has a 40' x 53' office building and a 40' x 52' metal storage building on the
north side of the property with southern exposure for entrances and overhead doors. There is
little or no vegetation as most of the lot has been graveled for outside storage.
4. Soil Characteristics: According to the Geotechnical Investigation Report by CTL
Thompson supplied in this Limited Impact Review, the subsurface of the lot is three inches of.
aggregate base course (gravel) and 24' to 30' of sandy/clay underlain by sandstone bedrock with
no ground water encountered. The undisturbed natural soils will support footing foundations
and/or slab -on -grade floor construction.
5. Geology and Hazard: If you review the findings in the Geotechnical Investigation
�. Report by CTL Thompson, supplied in the Limited Impact Review, and knowing the past history
of this business property (15 years or more), no potential natural or manmade hazards have been
observed.
6. Effect on Existing Water Supply and Adequacy: Water is supplied to this property by
a 1" water line off a City of Rifle water main. See the letter from the City of Rifle, dated
October 6, 2011. Since this was adequate for the 12 — 15 employees of McJunkin Red Man
Corporation, prior lessee of the property for nine (9) years, Mr. Robertson believes it will be
adequate for his 12 — 15 employee.
7. Effect on Groundwater and Aquifer Recharge Area: This property has a septic system
that was inspected and approved by County building officials and has been working efficiently
for the past nine (9) years for the prior lessee, McJunkin Red Man Corporation, and it's
employees. (See letter from engineer Keith Mendenhall of Summit A/E, stamped October 13,
2011.)
8. Environmental Effects: The environmental effects on this property are existing
conditions because they have been that way for at least fifteen years. The perimeter was fenced
with an eight -foot chain link fence and an eight -foot high gate. The entire lot (2.87 acres) that
did not have a building on it was graveled for outside storage:
(a) With constant use as outside storage, flora and fauna were never developed;
Robertson: Limited Impact Review Narrative, Part I
Created on 10/6/2011 10:46 AM
Page 3 of 3
(b) Through fifteen years of history, no significant archaeological, cultural,
paleontological or historic resources have come to light;
(c) Since being fenced over fifteen years ago, the effect on designated environmental
resources, including wildlife habitat, are not going to change. The environment
inside the fence has not changed in fifteen years, so the effects on the outside of
the fence probably will not change.
(d) No potential radiation hazard has been identified by the State or County Health
Departments in the fifteen years of doing business on this property.
(e) No spill prevention control or counter --measure plans are applicable because Mr.
Robertson's business does not use general hazardous materials.
9. Traffic: Mr. Robertson offers a Traffic Study letter, dated October 6, 2011, from
Colorado River Engineering, that says this property is in compliance with Section 4-502(J).
10. Nuisance: The purpose of the new 52' x 100' steel building is to contain vapor, dust,
smoke, noise, glare or vibrations that might occur during fabrication inside the building, thus not
effecting adjacent property owners.
11. Reclamation Plan: A reclamation plan is not applicable to the situation because this
lot has existed for fifteen years the way it is and adding a 52' x 100' building to this property will
not change the general purpose or natural features of this property
TO WHOM IT MAY CONCERN
October 6, 2011
able water through a 1" service in the name of H. and D. Robertson
The City of Rifle presently serves pot
at 1879 County Road 264.
Sewer service is not available.
nt on US 6 south of and near the interchange with I-70.
Fire service is available from a hydra
Richard Deussen, Director of Utilities
City of Rifle
CITY OF RIFLE • RIFLE, CO 8i 650
202 RAILROAD AVENUE • P.O. BOX 19o8 .
WWW .RIFLECO.ORG
SITE PLAN
G,
PROPERTY DESCRIPTION
A PARCEL OF LAND LOCATED IN THE NW114 AND SW 1/4, SECTION 13, T6S,
R94 W, 6TH P. M., GARFIELD COUNTY, COLORADO, WHICH IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHICH IS N68 °43'15"E 383.32 FEET FROM THE WEST
QUARTER CORNER OF SAID SECTION 13; THENCE N62°1635'E 500.00'FEET
THENCE S27°43'25'E 250.00 FEET, • THENCE S62 °16'35"W 500.00 FEET; THENCE
N27°43'25"W 250.00 FEET TO THE POINT OF BEGINNING.
D21oi
SCALE: 1 "= 60'
NOTES
1.) DATE OF SURVEY WAS APRII, 2011, MARCH 12,
2013 AND OCTOBERBER 1, 2013.
2.) THE PROPOSED BUILDING SITE IS NOT LOCATED
WITHIN A 30% SLOPE AREA.
3.) ELEVATIONS ARE BASED ONA NAVD88 ELEVATION
OF 5305.76 FEET ON THE NGS MONUMENT
WINCHESTER AND ON THE SITE BENCHMARK, THE
NORTH BOUNDARY CORNER OF SUBJECT PARCEL, A
NO. 5 REBAR IN PLACE WITH AN NAVD88 ELEVATION
OF 5341.5' AS SHOWN HEREON.
4.) THIS SITE PLAN DOES NOT REPRESENT A
BOUNDARY, IMPROVEMENT OR IMPROVEMENT
LOCATION CERTIFICATE SURVEY BY BOOKCLIFF
SURVEY SERVICES, INC. OR AND OF ITS ASSOCIATES.
5.) THIS SURVEY WAS PREPARED WITHOUT THE
BENEFIT OF A CURRENT TITLE COMMITMENT AND
DOES NOT REPRESENT A TITLE SEARCH BY THIS
SURVEYOR OR BOOKCLIFF SURVEY SERVICES,' INC.
OF THE PROPERTY SHOWN TO DETERMINE
OWNERSHIP, COMPATIBMITYWITHADJOINING
PARCELS, OR EASEMENT OR ENCUMBRANCES OF
RECORDS AFFECTING THIS PARCEL.
SURVEYOR'S STATEMENT
I, MICHAEL J LANGHORNE, A REGISTERED LAND
SURVEYOR, LICE N
THE LAWS OF THE
STATE OF COL _
SURVEY SHS o
CERTIFY THAT THE
� ' ARED ON THIS
DATE OCTO 200-s,.
DER MYDIRECT
SUPERVISLOltTl� _,, HECKI
S MAP IS A
TRUE REPESE�9
�.
{' y6
MICHAEL' 'C
REGISTRATION
NO. 36572*�RhlM N B
,r3
B0OKCLIFF S8rR�VSljl =06
PROJECT NO.
13021-01
SHEET 1
OF 7
Garfield County Land Use and Development Code
Article 7: Standards TEMPLATE
Applicants may use this template for organizational purposes when responding to Article 7 Standards for Land Use
Change Permit applications. Applicants should reference the Garfield County Land Use and Development Code for
detailed descriptions of standards relating to their particular proposals when responding.
7-101. ZONE DISTRICT USE REGULATIONS
Fabrication, Metalworking, Machining are permitted uses subject to limited impact review.
7-102. COMPREHENSIVE PLAN AND INTERGOVERNMENTAL AGREEMENTS
This project is in compliance with the comprehensive Plan and intergovernmental Agreements.
7-103. COMPATIBILITY
This Property has been operating as a pipe and supply warehouse, storage yard, and fabrication shop
over the last 18 years. Throughout that time they not only had employees but daily customers in and
out of this property, as well as delivery trucks delivering pipe and supplies. This property has not shown
an adverse impact to adjacent land in the past.
7-104. SOURCE OF WATER
Mr.Robertson offers a letter from the City of Rifle's Public Works Director, dated February 14,2020, as
answer to this section. Also, there is no irrigation associated with the property.
7-105. CENTRAL WATER DISTRIBUTION AND WASTEWATER SYSTEMS
Concerning central water distribution see the letter from the City of Rifle's Public Works Director, dated
Februaury 14,2020. As to subsection B, "wastewater system standards", this property is serviced by a
septic system and leech field plan approved by the Garfield County Building Department for the prior
owner. It has serviced 12-15 employees over the last 18 years with no issues. (see letter from engineer
Keith Mendenhall of Summit A/E, Stamped March 6,2020 in support of this requirement)
7-106. PUBLIC UTILITIES
Adequate public utilities are already in use on this property.
7-107. ACCESS AND ROADWAYS
This Property is accessible from County Road 264. (See Traffic Study Letter, Dated February 15,2020,
from Apex Consulting Engineer)
7-108. USE OF LAND SUBJECT TO NATURAL HAZARDS
This site is not located in areas with known avalanche, landslide, rockfall, or mud flow and presents no
natural hazards.
7-109. FIRE PROTECTION
Fire protection is supplies via a hydrant on SH 6 north and east of Exit 87 of 1-70.
7-201. AGRICULTURAL LANDS
The property has an eight -foot high chain link fence and no irrigation as seen on the existing conditions
survey provided with this application.
7-202. WILDLIFE HABITAT AREAS
Issuance of a change of use permit will not affect any of the areas in this section.
7-203. PROTECTION OF WATERBODIES
This section is not applicable to this application. There are no wetlands or bodies of water near this
property.
7-204. DRAINAGE AND EROSION
The proposed building addition will cause less than five percent (5%) land disturbance to this property.
7-205. ENVIRONMENTAL QUALITY A
The proposed fabrication will be in a totally enclosed building so as to not affect air quality.
7-206. WILDFIRE HAZARDS
This property has little or no vegetation to support or start a wildfire. Structures on this property are
steel/metal buildings (non-combustible)
7-207. NATURAL AND GEOLOGIC HAZARDS
This is not applicable because the property is grand -fathered in.
7-208. RECLAMATION
This section is not applicable because the new building is replacing approx. 3900 sq. ft. of gravel surface
with concrete surface and with little or no disturbance to the rest of the 2.87 acres.
7-301. COMPATIBLE DESIGN
All present structures are steel/metal buildings, and the new building addition is a steel building with
the same color and trim. The enclosed shop will have similar hours of operation and traffic patterns.
(see traffic study, dated February 15,2020, from Apex)
7-302. OFF-STREET PARKING AND LOADING STANDARDS
See the Existing conditions survey, which shows a very large asphalt parking and delivery area inside the
entry gate to the property. The total square footage of building space and parking lot meets the parking
and delivery requirements. The entry gate and driveway are the required 24' for two way traffic.
7-303. LANDSCAPING STANDARDS
Concerning the landscaping, Mr.Robertson asks for a waiver again on this section on the grounds there
is no irrigation on this property or the surrounding properties.
7-304. LIGHTING STANDARDS
Lighting standards listed in this section will be inspected by county building inspectors and the state
electrical inspector for compliance.
7-305. SNOW STORAGE STANDARDS
The area to the west of the asphalt parking lot, the snow storage area, is 2.5% of the parking lot (15,000
sq. ft.). Therefore, 2.5% of 15,000 sq.ft. equals 375 sq.ft., whereas the snow storage area is 5,000 sq.ft.
and meets all requirments.
7-306. TRAIL AND WALKWAY STANDARDS - - -
The section is not applicable to this property.
II
11
O
i i
(970)625.0208
RIFLE COLORADO
The site is located approximately .3 miles north of the West Rifle exit and west and north of the City of
Rifle. The subject property is accessed by a private dirt road which is in continuation of Swallow Lane
(County road 264). The road from Hwy 6 & 24 is 40 ft. wide with a 2% crown/cross slope. It has a 1 ft.
deep drainage ditch along both sides of the road. Road surface is gravel with magnesium Chloride.
wf7qs
AF
;tCl
At
Q400 m
tr p? -
1.70 1-70
1-70
PCAVERED BY ■
ASSIGNMENT OF EASEMENT RECEIvED
'OV 10 2011
KNOW ALL MEN BY THESE PRESENTS: GARFIELD COUNTY
BUILDING & PANING
THAT, SourceGas Distribution LLC. a Delaware corporation, hereinafter referred to as "ASSIGNOR,"
for and in consideration of the sum of Ten and No/100 Dollars ($10 00), and other good and valuable
consideration, the receipt and adequacy of which are hereby acknowledged, does hereby sell, assign,
transfer. convey, set over and deliver unto Howdy and Diann Robertson, P 0. Box 6113, Parachute,
Colorado 61635, hereinafter referred to as "ASSIGNEE," its successors and assigns, all of Assignor's
right, title and interest in and to those certain, easements, all as more particularly described in Exhibit "A"
attached hereto and by this reference made a part hereof
NOW THEREFORE, for and in consideration of the premises and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, Assignor does hereby grant, assign,
transfer, and deliver unto Assignee, its successors and assigns, Assignor's right, title and interest in and
to those certain, easements, all as more particularly described in Exhibit "A".
This ASSIGNMENT is being entered into pursuant to that certain Facility Agreement, dated It3f—day of
yZcjxzva-y-k , Zoll , between Assignor and Assignee (the "Facility Agreement"). The terms of the
Facility Agreement shall not be merged or extinguished by reason of the delivery of this instrument, and
shall survive the delivery hereof. To the extent that the terms of this instrument and the terms of the
Facility Agreement conflict, the terms of the Facility Agreement shall control.
Assignor represents and warrants that it has the right to assign, and does hereby warrant and represent
its title to, those certain easements, all as more particularly described in Exhibit "A".
The terms and provisions of this Assignment shall extend to and be binding upon the parties hereto, and
their respective successors and assigns
IN WITNESS WHEREOF, Assignor has executed this Assignment as of and to be effective this -Ze- ay
of f?cA'Z OA 20 A (°Effective pate").
ASSIGNOR
SourceGas Ist ibu io
ATTEST:
By:
Title: Name: k%nrl(r Cab
Title: Civ
ATTEST:
By:
ASSIGNEE
Title: Name:
ATTEST:
Title:
Title:
ASSIGNEE
By:
Name:
Title:
2
STATE OF COLORADO }
COUNTY OF JEFFERSON }
On this GS_r� day of V"o_vaV— -r 20 It, before me, a notary public, in and for said county
and state, personally came the above-named, MSA1.4_%0r e.Jto who is personally known
to me and known to me to be the identical person whose name is affixed to the above instrument as Chief
Financial Officer of SourceGas Distribution LLC and acknowledged the instrument to be his voluntary act
and deed and voluntary act and deed of said entity.
IN WITNESS WHEREOF I have hereto set my hand and affixed my notary seal the day and year last
above written
z—c7—�oc�
My Commission Expires NtwrPublic
STATE OF COLORADO }
COUNTY OF JEFFERSON }
On this day of , 20 _, before me, a notary public, in and for said county
and state, personally came the above-named, . who is
personally known to me and known to me to be the identical person whose name is affixed to the above
instrument and acknowledged the instrument to be his voluntary act and deed and voluntary act and deed
of said entity.
IN WITNESS WHEREOF I have hereto set my hand and affixed my notary seal the day and year last
above written.
My Commission Expires Notary Public
EASEMENT
SoureeGas Distribution LLC
KNOW ALL MEN BY THESE PRESENTS:
That CLOUGH SHEEP COMPANY, LLC ("Grantor"), for itself, its successors, or assigns, for and in
sum of Ten Dollars ($10.00), the receipt and adequacy of which is hereby acknowledged, does hereby grant,
SoureeGas Distribution LLC, a Delaware corporation, whose address is 370 Van Gordon Street, Lekewi
successors and assigns (collectively, "Grantee"), a non-exclusive easement for ingress and egress, utility services,
through the following -described lands situated in the County of Garfield and State of Colorado, to wit:
A Portion of the West 1/2 of Section 13, Township 6 South, Range 94 West of the Now Mexico Principal h
Garfield and State of Colorado (hereinafter referred to as "said land") to occupy and utilize a portion of sail
purposes, for use by Grantee, its employees, agents and licensees and their equipment, with right to surface the
hereby expressly releasing apd waiving any right of homestead
The right of way herein granted shall be 25 feet In width, the centerline of which is described as follows:
See Attached Exhibit "A"
TO HAVE AND TO HOLD said rights, privileges and easement until a roadway is constructed thereon and so
road way is maintained thereon or utilities servicing the Grantee exists therein and claim the same or any part Thera
In consideration of this agreement the parties agree:
(a) Grantor, and its assigns, shall without obligation of maintenance, have the right to use said ready
passage purposes; provided that Grantee shall not be liable for any injury or damage to Grantor or thi
from such use.
(b) Grantee shall install either gates or cattle guards at any point or points where the roadway above d
existing fences on sold land and, in the event gates are installed, a key will be furnished Grantor an
Gates or rattle guards installed shall be considered the personal property of Grantee and upon the
agreement may be left on said land or removed therefrom, at the sole option of the Grantee.
(c) if any part, term or provision of this agreement is, by a court of competent jurisdiction or regulato
jurisdiction over said land, held to be illegal, void, or unenforceable, or to be in conflict with the law t
said real estate lies, the validity of the remaining provisions or portion hereof shall not be affected,
obligations of the parties shall be construed and enforced as if this agreement did not contain the par
provision held to be invalid
(d) This Easement Agreement may be assigned by the Grantee upon written notice to the Grantor.
(e) This agreement together with exhibit incorporated herein by reference, embodies the whole agrect
There are no promises, terms, conditions, or obligations other than those contained herein; and 0
supersede all previous communicatimns, representations, or agreement, either verbal or written betwee
The Grantors make no warranty with respect to the title of this easement or the lands subject to 1L
The terms, covenants and provisions of this agreement shall inure to and be binding upon the heirs, execut
Administrators, personal representatives, successors and assigns of each of the parties hereto.
IN WITNESS WHEREOF, Grantor has hereunto set its hand this S-2dday of
ell
GRANTOR:
CLOUGH SHEEP COMPANY. LLC
OPEN
STATE OF
ss
COUNTY OF
On this r 20$/ before me, a notary public, in and for said county and state, pecsr
the a ` e
kno "e to be the identical person(s) whose name(s) istare affixed to the above instrument
the ins" 1 diary act and deed.
_ 6? .
IN W I *i/ Pave hereunto set my hand and affixed my notary seal the day and year last above writ
t)' .n
/D�
My ommissro of Expires air Public
ACCESS EASEMENT EXHIBIT "Q,'
5 Rebar
!took 1002,
Page 616
West 114 Comdr Secdan 13
Brass Cap - 1982 -
! 71'c r A.U.B.
�._.. S85•al:i9'Ji _ \ a� 61.P
1 543.08' - - 245.51E 0.61 OV96
60'600
250
/
/
/
Clough Sheep Centerline Access
Company, LLC Easornent
SWJ/4 Sec 13 0.026 x Acres
/
Encana Oil & Gas (USA) Inc.
Book 1486, Page 492
SCALE: 1"- 100'
ACCESS EASEMENT DESCRYrION
A ST7Z/P OF LAND FOR THE PURPOSE OF A 25' WIDE ACCESS EASEMENT' SITUATE IN THE
SWI/4 OF SECTION 13, TOWNSHIP 6 SOUTH, RANGE 94 WEST OF THE 6TH PRINCIPAL
MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO. ALL ,BEARINGS RELATIVE TO
THE BEARING OF N68°46'15'E BETWEEN THE WEST 1/4 CORNER OF SAID SEC770N 13,
A BRASS CAP IN PLACE AND THE NORTHWEST BOUNDARY OORNER OFA PARCEL OF
LAND DESCRIBED IN BOOK 1002, AT PAGE 616 RECORDED AT THE GARFIELD COUNTY
RECORDS, ANO. 5 REBAR IN PLACE. SAID STRIP OF LAND BEING 12.5 FEET TO EACH
SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT SAID WEST 1/4 CORNER OFSECTION 13; THENCE S85°0V39"E 543.08
FEET TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF SAID BOOK 1002, PACE 616,
THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID SOUTHERLY BOUNDARY
LINE S26 °24'00"E 45.51 FEET ALONG THE CENTERLINE OF AN EXISTING GRAVEL ROAD
AS CONSTRUCTED AND IN PLACE TO A POINT ON THE NORTHERLY CDOT RIGHT-OF-WAY
LINE OF FEDERAL AID PROJECT 261-A, THE POINT OF TERMINUS; WHENCE SAID
NORTHWEST BOUNDARY CORNER OF BOOK 1002, PAGE 616 BEARS N41-5851 "W 304.89
FEET. SAID PARCEL OF LAND CONTAINING 0.026 ACRES, MORE OR LESS.
DATE: JANUARY 3, 2011
JOB NO. 06151-01
ACCESS EASEMENT DESCRIPTION
Ix N
Exr1-IS 1T Q
A STRIP OF LAND FOR THE PURPOSE OF A 25' WIDE ACCESS EASEMENT
SITUATE IN SECTION I3, TOWNSHIP 6 SOUTH, RANGE 94 WEST AND THE
NORTH 1/ 2 OF SECTION 18, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE
6771 PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO.
ALL BEARINGS RELATIVE TO THE BEARING OF N68°46'15"E BETWEEN THE
WEST 1/4 CORNER OF SAID SECTION 13, A BRASS CAP IN PLACE AND THE
NORTHWEST BOUNDARY CORNER OF A PARCEL OF LAND DESCRIBED IN
BOOK 1002, AT PAGE 616 RECORDED AT THE GARFIELD COUNTY
RECORDS, A NO. 5 REBAR IN PLACE. SAID STRIP OF LAND BEING 12.5 FEET
TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINF*
COMMENCING AT SAID WEST 1/4 CORNER OF SECTION 13; THENCE
S81 °06'20"E 568.10 FEET TO A POINT ON THE CENTERLINE OF AN
EXISTING GRAVEL ROAD AS CONSTRUCTED AND IN PLACE, THE TRUE
POINT OF BEGINNING THENCE ALONG THE CENTERLINE OF SAID GRAVEL
ROAD THE FOLLOWING TWELVE (12) COURSES.
1.) S26°24'00 E 24.86 FEET
2.) X62"50'53E3468.11 FEET
3.) ALONG THE ARC OFA CURVE TO THE RIGHT HAVING A RADIUS OF 600.00
FEET, AND ARC LENGTH OF 258.96 FEET, CHORD BEARS N75°1245 E
256.95 FEET
4.) N87°34 37-E 1390.21 FEET
5.) N89-55-267304.57 FEET
6.) 888-56'36'8 566.78 FEET
7.) S88°3434"E 502.09 FEET
8.) S87°01 -47-B 124.09 FEET
9.) S88°06 34 E 542.69 FEET
10.)S88 -41-40 -B 569.82 FEET
11.)S87°5823E495.11 FEET
12.)S89 '0739-E 171.22 FEET TO A POINT ON THE WEST BOUNDARY
LINE OFA PARCEL OF LAND DESCRIBED IN BOOK 1343, PAGE 678 AT THE
GARFIELD COUNTY RECORDS, THE POINT OF TERMINUS; WHENCE SAID
NORTHWEST BOUNDARY CORNER OF BOOK 1002, PAGE 616 BEARS
S80'28'30'W 8328.33 FEET SAID STRIP OF LAND CONTAINING 4.832
ACRES, MORE OR LESS.
SURVEYOR'S STATEMENT
1, SHAWN BINION, A REGISTERED LAND SURVEYOR, LICENSED UNDER THE
LA WS OF•THE STATE OF COLORADO DO HEREBY CERTIFY THAT THE SURVEY
SHOWN HEREON WAS PREPARED ON THIS DATE FEBRUARY 14, 2011 BY AM
OR UNDER MY DIRECT'S'UPERVISION AND CHECKING THAT THIS MAP IS A
TRUE REPRESEW'ATTONTREREOF.
r
1�11 N 11 -
SHAWN BINIQN, COLORADO REGISTRATION NO. 38200
FOR AND OAT BERALFOF
BOOKOLIFF 6M- V `�(iVICES, INC.
SHEET` 1 OF 2
DATE: FEBRUARY 11, 2011
JOB NO: 06151--01
ACCESS EASEMENT EXHIBIT *;q"
I 10p°u 86181
I you .
I J`
i
I
I
I
I a
1
I
I
1
I
I "
I
I S
I
I
I
I
I
I
I
I
I �
I
CenterGneAccess
Easement -
4.832 t Acres
1
I
ID -24-43-44"
1 R-6 W. Utr
I L -258.9G'
CB -N 75-12-45-E
CII -256.95'
I
I
I
I
I
I
1
I
I I SCALE: i "- 800'
Il ,.
t II
� 1 l
II
II
I II
1 I 1
I
I
C
I
— — ,
UNE TABLE
Limp
BEARING
DISTANCE
L1
S26 -24-00 -E
24.86
L2
N62.50'53 -E
3468 i 1
L3
N87 -34.37-E
1390.21
L4
N89 55'26'E
304.57
L5
S8"6'36Yi
56678
L6
S883434 E
502.09
L7
S87'01'47E
I24.09
L8
888"06'341E
542.69
L9
S8841'40'B
569.82
L10
S87.58'23'B
495.1I
LII I
S89'07398
171.22
W2
181.06208
568.10
L13
1168 46'15 B
383.35
-------t
rimy 11: J:.rrrrr. inr. r.r.nl:_Liii.rJ . �t . ll_.1
f., , that Poli r •Jill, ullr. IJur,p ,•! H. .1
14S6
ev
SN-jip C.1
I G\o09_,�1`y � \ GrauelRond \ \
I cP%V I A (predously known as \ \
5�� \ County Road 264) \ \
I \ \
I \ \
I 02,
�e 616 \ \ \
I P.o.B
\
1 No S RoLnrL1�
L — . — — — —— --- — — — — — -
-
West 1 4 Comer, 5edion 13
Brass Cap to place •1982
SHEET,. • 2 OF 2
DATE: FEBRUARY 11, 2011
JOB NO: 06151-01
rarficld County - View Document
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Assignment (All Assign. Doc.) - 799437
Reception Number Return Address
799437 TOM ATWATER
Recording Date Address
02/28/2011 04:25:52 PM SOURCE GAS DISTRIBUTION LLC
# of Pgs
Rec. Fee
7
$41.00
Doc. Date
Doc. Fee
02/28/2011
$0.00
Surcharge
Total Fees
$1.00
541.00
Related
Reception Number Book Page
Address2
370 VAN GORDON ST SUITE 4000
City State Zip
DENVER CO 80228
Mailback Date
03/08/2011 03:16:21 PM
Signer assignor
SOURCE GAS DISTRIBUTION LLC
Notes or Remarks
Notes
Remarks
Assignee buyer creditor
ROBERTSON, HOWDY
ROBERTSON, DIANN
Page 1 of 1
https://act.garfield-county.com/recorder/eagleweb/viewDoc.jsp?node- DOC294S90 11/10/2011