HomeMy WebLinkAbout1.0 Applicationritit‘. Garfield County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
DIVISIONS OF LAND
APPLICATION FORM
TYPE OF SUBDIVISION/EXEMPTION
TM Minor Subdivision
0 Preliminary Plan Amendment
Q Major Subdivision
Final Plat Amendment
0 Sketch[]Preiiminary=Final
EJ Common Interest Community Subdivision
nConservation Subdivision
-P-ublic/County-Road Sp -I it Exemption
0 Yield =Sketch OPreliminarynFinai
ME Rural Land Development Exemption
n Time Extension ,
[] Basic Correction Exemption
INVOLVED PARTIES
Owner/Applicant �,]
Name: Au //
lt" . P , 844
Phone: (q 70)
379 - as -06
Mailing Address: yyB %2 0.33
City: S; j,4
State: C v
Zip Code:
,k/61"....-
k/6S'1E-mail:
E-mail:4 , - , IA , .L:. is . .
, rti Q1
1 ..
.IS
.1, �A� a
_•
Representative (Authorization Required)
Name:
Phone: (
)
Mailing Address:
City:
State:
Zip Code:
E-mail:
i PROJECT NAME AND LOCATION
Project Name:
3R4ek NO2 Stt,hd LJ/.SIdX)
Assessor's Parcel Number: rLL_a - - -_ Jit
Physical/Street Address: �p 8 7S�" ('.1 /�S 6233 Si �i Co /6S-.2
Legal Description: f ifitCFI2'7 Mr. iVeSt 30 4c.4 -Et 0-P 44 SE 7,5 %
S'ecc do 36, 7S 'S6 ,Ztv7c 2.2 1&& C P./v.
Zone District: &FA)61-41-2 Property Size (acres): 30
Project Description /
Existing Use: %�/C cc LCIC A�Ji] G�n1/�/ej/C� //u(SJ47
Proposed Use (From Use Table 3-403): S, Ny>�
Description of Project: CC 4 * /3 7 Accg 2mtc/ , C c4 fwd
O /"1 C i9'/VO CseZ E 7 • C.b y / C,( /DitCP/ .;.oye. 4 % a 1-1C,t
REQUEST FOR WAIVERS
Submission Requirements
The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List:
Section: 41' 5'i ,0,0 - Section:
Section: Section:
Waiver of Standards
The Applicant is requesting a Waiver of Standards per Section 4-118. List:
Section: 4// SEc-C.r. 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.
Signre of Property Owner or Authorized Representative, Title Date
xf
OFFICIAL USE ONLY
File Number: -
Fee Paid: $
Proposed Development Area
_Land Use Type
# of Lots
# of Units
Acreage
Parking
Single Family
/
t,. 7
Duplex
Multi -Family
Commercial
Industrial
Open Space
Other
I
/
&-iPiery
fps ? 7/
Total
REQUEST FOR WAIVERS
Submission Requirements
The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List:
Section: 41' 5'i ,0,0 - Section:
Section: Section:
Waiver of Standards
The Applicant is requesting a Waiver of Standards per Section 4-118. List:
Section: 4// SEc-C.r. 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.
Signre of Property Owner or Authorized Representative, Title Date
xf
OFFICIAL USE ONLY
File Number: -
Fee Paid: $
May 19, 2020
To Whom it May Concern;
I am submitting this application for a Minor Subdivision of the 30 acre parcel also known as
Parcel #4 on the Deed Dated May 20, 1965 so that my son would be able to purchase the home
he currently lives in.
Thank you for your consideration into this matter,
1)7'
Wayne Pollard
..,,,e,.."
Garfield County
PAYMENT AGREEMENT FORM
GARFIELD COUNTY ("COUNTY") and Pr erty Owner ("APPLICANT")
/)Ay ig , f/AerL) agree as follows:
1. The Applicant has submitted to the County an application for the following Project:
132A.c kF7-9. Ai /AmZ Sit .6di visio n/
2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as
amended, establishes a fee schedule for each type application, and the guidelines for the
administration of the fee structure.
3. The Applicant and the County agree that because of the size, nature or scope of the
proposed project, it is not possible at this time to ascertain the full extent of the costs
involved in processing the application. The Applicant agrees to make payment of the Base
Fee, established for the Project, and to thereafter permit additional costs to be billed to the
Applicant. The Applicant agrees to make additional payments upon notification by the
County, when they are necessary, as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of
consulting service determined necessary by the Board of County Commissioners for the
consideration of an application or additional County staff time or expense not covered by
the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay
additional billings to the County to reimburse the County for the processing of the Project.
The Applicant acknowledges that all billing shall be paid prior to the final consideration by
the County of any Land Use Change or Division of Land.
I hereby agree to pay all fees related to this application:
Billing Contact Person: ie.)/4-
Billing
e A.Billing Contact Address:
City: JW/
Billing Contact Email:
yy8 CR 233
Phone: (92f)) 379 c2S
State: W Zip Code: F/b,��.
Printed Name of Person Authorized to Sign:
,/•
(Signature)
• Ad #4
J A//
,S7/ 020.4
(Date)
WAYNE POLLARD LIVESTOCK
6448 COUNTYROAD 233
SECT, CO 81652
PAY TO THE
ORDEROF Garfield County Treasurer
irsa irrl iia 4ar.I t•E-I� X i:!Ifl•�+:1Vlilrt
BANK OF COLORADO
1200 RAILROAD AVE
RIFLE, CO 81650
82 244/1070
Four Hundred and 00/100******************************************************"
Garfield:. County Treasurer
P.O. Box 1069
Glenwood Springs, CO 81602
MEMO:
.for-Retrieve-of-Brackett-MFinor-Subdivision--
24288
5/18/2020
*400.00
00 2' 2880 •: LO 700 24480:5 9 30 50 z P 3 21E'
AUTHORIZED SIGNAtLRE
WAYNE POLLARD LIVESTOCK
Garfield County Treasurer 5/18/2020
Deposit for Review
DOLLARS
WY -
24288
400.00
Bank of CO -WPL che Deposit for Review of Brackett Minor Subdivisio 400.00
WAYNE POLLARD LIVESTOCK
Garfield County Treasurer 5/18/2020
Deposit for Review
24288
400.00
Bank of CO -WPL che Deposit for Review of Brackett Minor Subdivisio 400.00
Form r 513272. {REV_ 10/03)
THE CHECK DEPOT • REORDER ONLINE AT W W W.CHECKDEPOT.NET OR CALL 1-800-625-8117
Tun Daae, made Chu 1st day of April ,le 73,
bw'm PRIMO J. SCATENA and ORLANDA J.
SCATENA, as tenants in common
of the Coanty of Garfield and State of Colorado,
otthettntpart,and ADOLPH S. DIRMOZ and
'-r`niltt't:--ulEmoZ, as tenants in common
Page 75
AATE 19C1109/1
ApR12tl73
Baeetrdedat.... 11 t37 des_ A _,,,.v April 12, 1973 Book 443
#aseonee No 257773 611a Stephens, -....-_.)Reear�ite.
of the County of Garfield and State of Colorado, of be second part:
WITNESSETH, Tbat the said part iesof the first part, for and In corulderation of the sum of
ONE HUNDRED and no/100 DOLLARS.
to the said parties of the first part in band paid by the eaid parties of the second part. the receipt whereof le
hereby confessed and acknowledged. ha ve granted, bargained, sold and conveyed, and by these presents do
grbnt, bargain, sell, convey and confirm, unto the said part ie sof the second part,
heirs and assigns forever, all the following described lot 3 or parce1S of land. situate, lying and being in the
County of Gar€ieldand State of Colorado, to -wit:
An urdivided onP-half interest in and to
Parcel #1. S4NW4, WSW;, Section 36, Township 5
South, Range 92 West of the 6th P.M.
Parcel #2. WIISW1/4, WIINE;SW', Section 25; NW;NWb
of Section 36, all in Township 5 South, Range 92 West
of the 6th P.'1., containing 140 acres.
Parcel !3. Tract Nos. 37, 38, 43 and 44 in Section
36, Township 5 South, Range 92 West or the 6th P.M.
as shown by Plat No. 1 of the Antlers Orchard De-
velopment Company, otherwise described as NEhSW;
of Section 36, Township 5 South, *lanae 92 Nest of
the 6th P.`i., containing 40 acres.
Parcel 44. The West 30 acres of the SE;S!•'!_ of Section
36, Township 5 South, Range 92 West of the 6th P.'1.,
together with an interest in the Ross Paste Water
Ditch and Spring Ditch.
TOGETHER with all and singular the hereditaments aad apportenencea thereto belonging, or in anywise
appertaining, and the reversion and reversions. remainder and remainders, rents, !woes and profits thereof; and all
the estate, right, title, Interest, claim and demand whatsoever of the said part iesrt the first put, either la law
or equity, of, In and to the above Bargained premises, with the hereditaments and appurtenance.
u
No. 463. WARRANT! DECD—V.r M.t.a.apak Lm,1—endtord t'o►IMLta c . tete.11 Steet atrM, Dryer. Cotendo —1-3
a
Book 366Rteetded at.1Q1Z5 'o'ttoet_.A.au, M%ay 29,_1965,
Page 1582'229907'.Chas. S.'Kee an
•
r Receptfoa Recorder,
Rk
THIS DEED, Made this day of May
to the yiar cf ei.r Lord one lhourend rine hundred and 5 ixty-five
bet+rcca
, Primo S. Scateno, also known as Primo
J. Scatoma
cfth. Ceortycf Garfield
and State cfColorado, cfthe tint part, and . - • . .--..-.
j,•Primo J. Scatena•and Orlanda J. Scatena
of the - County of Garfield
and State of Colorado, cf the wend part:
'--' -
WITNESSETH; That the ti.tld rtjr of the -first part, for and In ccnrlderatfan cf the aunt of
Ten Dollars and other valuable consideration
• I
xx$xlnastax
to the Bald party of the first part In hand paid by the Feld tattles o! the second part, the receipt wberce! L
hereby conferred and acic:owledged, ha a granted, bugalned, veld and conveyed, and by these presents do ea
grant, hargsln, Bell, convey and confirm unto the said parties of the second part, their heirs and asr'.gns forever, not
In tenancy in ccnnon but In joint terancy, all the following dereribtd Int cr parcel of land, situate, Warand being la the County of Garfield ---
Colorado, to -wit: • • and State of
An undivided one—half (h) interest in and to the NWkNW4, S1jtiWl{,
ASA, SASWIt and the West 30 acres of the SE1/45w4, all in Section
36, Township 5' South Range 92 Weet of he_6.th_P.:M. _All of the_
. W!ISWIt of Section 25 and the WIJNEIASW4 OP Section 25, Township 5
• Southf- Range 92 West,of the 6th P.M. E)k EPT 10.145 acree of land
situated within the NW4SW4 of said Section 25, described aa'
follows:. Beginning at a point on the North boundary of a county
road Whence the East k corner of said Section 25 bears North
72e30• -East 4329.05 feet, thence North 702.18 feet, thence West.,
565.0,feet, thence South.782.18 feet, thence East 565.0 feet to— -
the lioint'bf beginning, and a right -of-Hay for an existing
ditch from said tract to the West lateral of.the Harvey Gap — -
Reservoir. Together -with- all eaeemente,_righte of way and '
appurtenances with respect to said 'tracts, of every kind and
nature, Sncluding-the-right to eceive all subsequent rentals
and royalties payable hereafter with reepect..to_anylease_o
leaeea relating to said lands or the minerals therein to the exte t
the grantors are entitled thereto. There is hereby included in
the above conveyance, by quit claim and not by warranty of any
_kind, all water_and water rights, ditches and ditch tights,
reaervoird and reservoir rights used with, in conitction with or
appurtenant in -any respect -to the'above described'property.
----Also, 'together with .the following personal_ property: - '
• (1) John -Deere T-14 hay baler
_ (1) - International aidedel iVery_hay._rake
(1) No. 5 John Deere tractor mower T
(2) Spike -tooth harrows
(T) Spring -tooth -harrow - - --
- (1) Hay slip -(wooden) .'
(This-is-a•correetion:.deed,cors.
recting-dedd.rocorded
document No. 220305 in Dook-363 at page 123,.therefore
no_revenue_8tamps-aro-required)_ _. •
•
..d 366 _.. _.
, 159
era., ^ aro a, the '
And a in •try aGrit part, for
idea caearatt, t' *ria •..p tin aid erne to
•• , 9 *clam, that at the that cf the , .stalk f and detirey
'• beauts ,bore alloyed, as of Good, are, perfect, abaolutr
•' -1., is J bas 'good drat fall power red bridal tatter -it/
torso[, to.n:o, a eh .•' ,•.• a,,., n and fcm *farad
all forcer a.^.d ether s• -'.,o. :ern -,, .dive, iter., tareand �d Qat ie nava bs fns and or L trot.
soarer, subject t tan; 1966, L•tthe ob of wateen _Ned or *hove,
�: 1965 taxes -payable in the obligat tngd:a£-*-deed
ufl-for the Ise and benefit of The Mutual Life Insurance Company
of Hew York, recorded„1n,Dooks'.329 at page 467,0E the records of the
co9nty_Clerk-and-Redorder,- Garrierd County, Colorado, which granteeo
herein assume and agree to pay, 'and e11 mineral reservations,
reservations, rlghts_of_wapatent
y and easements ofZecbPd.
dad as above barralc,A premises la the quiet ped peeve bid Poueulen cf the mid Partite of the leveed part, their
heirs and u4r ,-rpeLdet Weed retry -person or Penom)awfuliy cldak g or to either the whole or ens part hereof, •'
4th laid party of the first part shall and will WARRANT.AnD FOREVER DEFEND,
IH NTFNESS IYDEREOF, the said part-yof the Pint pan ha 9 boramto eel hie had ' tnd
vest . }he day and year that above written_ ,-
_
Slated, Sealed and Ether redia the Pole trot L !1— %/.L '. !
§ 5ca✓teno also knotim as __
- -—'-- Pr dmO J. 5 atena
Mit OF. COLORADO, - .
• aunty of Garfield
.,iWbn:rnroer hetrvceot wn tebnowrtedred befonma Nis tatalo • "_ -
,c39“65.4; e'pr ilio s. Scateno, alsoknownas Primo J.'Scatepa Nay —
.."••:%'-ry tpa twins - • -• - -' ,lb -.Mire.en ...
6?A 41 . = aanaurdd.mp
_ 'a pe(`, LOOT SS1_r1 UYJ(S ILL {]r IS6I • -
-
•
`
_�____•B�•Ctr,.r _ !e..1i RVI.
'Bijper_.I neer acroant.,.ee;rtvane or times; 17 env. e,c.. bnnmm�ti..,exr o.o e,.:-ua.a.r:
..• mei hien nm.dwaoe una-.t*, aaytv4a-gel a.s.weh'"7,t Ine,4W:i u/r rube N mnv00ra LLea awn mar cc
..
«met e: in.aL:i Ur warier re .tar Olken re r9a ww.catic. e. ---K
_ C•
1,$
aof
l
l w%
N
1�1
I
Tun Daae, made Chu 1st day of April ,le 73,
bw'm PRIMO J. SCATENA and ORLANDA J.
SCATENA, as tenants in common
of the Coanty of Garfield and State of Colorado,
otthettntpart,and ADOLPH S. DIRMOZ and
'-r`niltt't:--ulEmoZ, as tenants in common
Page 75
AATE 19C1109/1
ApR12tl73
Baeetrdedat.... 11 t37 des_ A _,,,.v April 12, 1973 Book 443
#aseonee No 257773 611a Stephens, -....-_.)Reear�ite.
of the County of Garfield and State of Colorado, of be second part:
WITNESSETH, Tbat the said part iesof the first part, for and In corulderation of the sum of
ONE HUNDRED and no/100 DOLLARS.
to the said parties of the first part in band paid by the eaid parties of the second part. the receipt whereof le
hereby confessed and acknowledged. ha ve granted, bargained, sold and conveyed, and by these presents do
grbnt, bargain, sell, convey and confirm, unto the said part ie sof the second part,
heirs and assigns forever, all the following described lot 3 or parce1S of land. situate, lying and being in the
County of Gar€ieldand State of Colorado, to -wit:
An urdivided onP-half interest in and to
Parcel #1. S4NW4, WSW;, Section 36, Township 5
South, Range 92 West of the 6th P.M.
Parcel #2. WIISW1/4, WIINE;SW', Section 25; NW;NWb
of Section 36, all in Township 5 South, Range 92 West
of the 6th P.'1., containing 140 acres.
Parcel !3. Tract Nos. 37, 38, 43 and 44 in Section
36, Township 5 South, Range 92 West or the 6th P.M.
as shown by Plat No. 1 of the Antlers Orchard De-
velopment Company, otherwise described as NEhSW;
of Section 36, Township 5 South, *lanae 92 Nest of
the 6th P.`i., containing 40 acres.
Parcel 44. The West 30 acres of the SE;S!•'!_ of Section
36, Township 5 South, Range 92 West of the 6th P.'1.,
together with an interest in the Ross Paste Water
Ditch and Spring Ditch.
TOGETHER with all and singular the hereditaments aad apportenencea thereto belonging, or in anywise
appertaining, and the reversion and reversions. remainder and remainders, rents, !woes and profits thereof; and all
the estate, right, title, Interest, claim and demand whatsoever of the said part iesrt the first put, either la law
or equity, of, In and to the above Bargained premises, with the bereditama as and appurtenance.
u
No. 463. WARRANT! DECD—V.r M.t.a.spak Lm,1—endtord t'o►IMLta c . tete.11 Steet atrM, Dryer. Cotendo —1-3
a
Book 366Rteetded at.1Q1Z5 'o'ttoet_.A.au, M%ay 29,_1965,
Page 1582'229907'.Chas. S.'Kee an
•
r Receptfoa Recorder,
Rk
THIS DEED, Made this day of May
to the yiar cf ei.r Lord one lhourend rine hundred and 5 ixty-five
bet+rcca
, Primo S. Scateno, also known as Primo
J. Scatoma
cfth. Ceortycf Garfield
and State cfColorado, cfthe tint part, and . - • . .--..-.
j,•Primo J. Scatena•and Orlanda J. Scatena
of the - County of Garfield
and State of Colorado, cf the wend part:
'--' -
WITNESSETH; That the ti.tld rtjr of the -first part, for and In ccnrlderatfan cf the aunt of
Ten Dollars and other valuable consideration
• I
xx$xlnastax
to the Bald party of the first part In hand paid by the Feld tattles o! the second part, the receipt wberce! L
hereby conferred and acic:owledged, ha a granted, bugalned, veld and conveyed, and by these presents do ea
grant, hargsln, Bell, convey and confirm unto the said parties of the second part, their heirs and asr'.gns forever, not
In tenancy in ccnnon but In joint terancy, all the following dereribtd Int cr parcel of land, situate, Warand being la the County of Garfield ---
Colorado, to -wit: • • and State of
An undivided one—half (h) interest in and to the NWkNW4, S1jtiWl{,
ASA, SASWIt and the West 30 acres of the SE1/45w4, all in Section
36, Township 5' South Range 92 Weet of he_6.th_P.:M. _All of the_
. W!ISWIt of Section 25 and the WIJNEIASW4 OP Section 25, Township 5
• Southf- Range 92 West,of the 6th P.M. E)k EPT 10.145 acree of land
situated within the NW4SW4 of said Section 25, described aa'
follows:. Beginning at a point on the North boundary of a county
road Whence the East k corner of said Section 25 bears North
72e30• -East 4329.05 feet, thence North 702.18 feet, thence West.,
565.0,feet, thence South.782.18 feet, thence East 565.0 feet to— -
the lioint'bf beginning, and a right -of-Hay for an existing
ditch from said tract to the West lateral of.the Harvey Gap — -
Reservoir. Together -with- all eaeemente,_righte of way and '
appurtenances with respect to said 'tracts, of every kind and
nature, Sncluding-the-right to eceive all subsequent rentals
and royalties payable hereafter with reepect..to_anylease_o
leaeea relating to said lands or the minerals therein to the exte t
the grantors are entitled thereto. There is hereby included in
the above conveyance, by quit claim and not by warranty of any
_kind, all water_and water rights, ditches and ditch tights,
reaervoird and reservoir rights used with, in conitction with or
appurtenant in -any respect -to the'above described'property.
----Also, 'together with .the following personal_ property: - '
• (1) John -Deere T-14 hay baler
_ (1) - International aidedel iVery_hay._rake
(1) No. 5 John Deere tractor mower T
(2) Spike -tooth harrows
(T) Spring -tooth -harrow - - --
- (1) Hay slip -(wooden) .'
(This-is-a•correetion:.deed,cors.
recting-dedd.rocorded
document No. 220305 in Dook-363 at page 123,.therefore
no_revenue_8tamps-aro-required)_ _. •
•
..d 366 _.. _.
, 159
era., ^ aro a, the '
And a in •try aGrit part, for
idea caearatt, t' *ria •..p tin aid erne to
•• , 9 *clam, that at the that cf the , .stalk f and detirey
'• beauts ,bore alloyed, as of Good, are, perfect, abaolutr
•' -1., is J bas 'good drat fall power red bridal tatter -it/
torso[, to.n:o, a eh .•' ,•.• a,,., n and fcm *farad
all forcer a.^.d ether s• -'.,o. :ern -,, .dive, iter., tareand �d Qat ie nava bs fns and or L trot.
soarer, subject t tan; 1966, L•tthe ob of wateen _Ned or *hove,
�: 1965 taxes -payable in the obligat tngd:a£-*-deed
ufl-for the Ise and benefit of The Mutual Life Insurance Company
of Hew York, recorded„1n,Dooks'.329 at page 467,0E the records of the
co9nty_Clerk-and-Redorder,- Garrierd County, Colorado, which granteeo
herein assume and agree to pay, 'and e11 mineral reservations,
reservations, rlghts_of_wapatent
y and easements ofZecbPd.
dad as above barralc,A premises la the quiet ped peeve bid Poueulen cf the mid Partite of the leveed part, their
heirs and u4r ,-rpeLdet Weed retry -person or Penom)awfuliy cldak g or to either the whole or ens part hereof, •'
4th laid party of the first part shall and will WARRANT.AnD FOREVER DEFEND,
IH NTFNESS IYDEREOF, the said part-yof the Pint pan ha 9 boramto eel hie had ' tnd
vest . }he day and year that above written_ ,-
_
Slated, Sealed and Ether redia the Pole trot L !1— %/.L '. !
§ 5ca✓teno also knotim as __
- -—'-- Pr dmO J. 5 atena
Mit OF. COLORADO, - .
• aunty of Garfield
.,iWbn:rnroer hetrvceot wn tebnowrtedred befonma Nis tatalo • "_ -
,c39“65.4; e'pr ilio s. Scateno, alsoknownas Primo J.'Scatepa Nay —
.."••:%'-ry tpa twins - • -• - -' ,lb -.Mire.en ...
6?A 41 . = aanaurdd.mp
_ 'a pe(`, LOOT SS1_r1 UYJ(S ILL {]r IS6I • -
-
•
`
_�____•B�•Ctr,.r _ !e..1i RVI.
'Bijper_.I neer acroant.,.ee;rtvane or times; 17 env. e,c.. bnnmm�ti..,exr o.o e,.:-ua.a.r:
..• mei hien nm.dwaoe una-.t*, aaytv4a-gel a.s.weh'"7,t Ine,4W:i u/r rube N mnv00ra LLea awn mar cc
..
«met e: in.aL:i Ur warier re .tar Olken re r9a ww.catic. e. ---K
_ C•
1,$
aof
l
l w%
N
1�1
I
Commonwealth Title Company of Garfield County, Inc.
127 E. 5th Street
Rifle, CO 81650
Phone (970) 625-3300 / Fax (970) 625-3305
1322 Grand Avenue
Glenwood Springs, CO 81601
Phone (970) 945-4444 / Fax (970) 945-4449
Property Professionals
704 Main Street #B
Silt, CO 81652
Attn: Wayne Pollard
Email: wayne@pollardteam.com
Closing Contacts
Glenwood Springs office - 970-945-4444
Linda Gabossi - linda@cwtrifle.com
Connie Rose Robertson - connie@cwtrifle.com
Date: July 27, 2020
File No.
Property Address.
Rifle office - 970-625-3300
Denna Conwell - denna@cwtrifle.com
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
File No. 1901067.1
1. Effective Date: July 22, 2020 at 7:59 AM
2. Policy or Policies to be issued:
(a) ALTA OWNER POLICY (ALTA 6-17-06) $N/A
Proposed Insured:
(b) ALTA LOAN POLICY (ALTA 6-17-06)
Proposed Insured:
3. The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and
is at the effective date hereof vested in:
Wayne H. Pollard
4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and
described as follows:
See Attached Exhibit "A"
TITLE CHARGES
Informational Commitment $167.00
COUNTERSIGNED: Fa-#r.rk, P. f3utrwe•U,
American Land Title Association
Schedule A
(Rev'd 6-06)
Authorized Officer or Agent
Valid Only if Schedule B and Cover Are Attached
Issuing Agent:
Commonwealth Title Company of Garfield County, Inc.
127 East 5th Street Rifle, CO 81650
File No. 1901067.1
Township 5 South, Range 92 West of the 6th P.M.
Section 36: The West 30 acres of the SE1/4SW1/4
Also known as:
Lots 1 and 2
Brackett Minor Subdivision
According to the plat thereof recorded
County of Garfield
EXHIBIT "A"
as Reception No.
File No. 1901067.1
SCHEDULE B - SECTION 1
The Following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument
recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise
noted, all documents must be recorded to the office of the Clerk and Recorder of the County in which said property is located.
1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will
obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or
Exceptions.
2. Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums, fees, and charges for the Policy to the Company.
4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly
authorized, executed, delivered, and recorded in the Public Records.
This is an informational only commitment and no policy will be issued hereunder.
5. Receipt of satisfactory Improvement Survey Plat certified to the Company (i) prepared from an on -the -ground inspection by a
registered land surveyor licensed in the State of Colorado; (ii) currently dated, showing the location of the Property and all
improvements, fences, easements, roads, rights-of-way and encroachments or other matters identified in Schedule B - Section 2 of
this Commitment, to the extent such matters are capable of being shown, (iii) containing a legal description of the boundaries of
the Property by metes and bounds or other appropriate legal description; and (iv) meeting the criteria of Colorado Revised Statute
38-51-102(9), as amended, for an Improvement Survey Plat.
NM 6
American Land Title Association Commitment
Schedule B - Section 1 - Form 1004-5
DISCLOSURES
Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph F provides: "Whenever a title entity provides the closing and
settlement service that is in conjunction with the issuance of an owner's policy of title insurance, it shall update the title
commitment from the date of issuance to be as reasonably close to the time of closing as permitted by the real estate records. Such
update shall include all impairments of record at the time of closing or as close thereto as permitted by the real estate records. The
title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title
commitment, other than the effective date of the title commitment, for all undisclosed matters that appear of record prior to the
time of closing." Provided Commonwealth Title Insurance Company of Garfield County, Inc. conducts the closing of the insured
transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the
Owner's Title Policy and the Lenders Policy when issued. This Notice is required by Colorado Division of Insurance Regulation 8-1-2,
Section 5, Paragraph G.
Pursuant to Colorado Division of Insurance Regulation 8-1-2, notice is hereby given that affirmative mechanic's lien protection for
the prospective insured owner may be available upon compliance with the following conditions:
A. The land described in Schedule A of this Commitment must be a single family residence, which includes a condominium or
townhouse unit. B. No labor or materials may have been furnished by mechanics or materialmen for purposes of construction on
the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive appropriate affidavits
indemnifying the Company against all unfiled mechanic's and materialmen's liens. D. Any deviation from conditions A through C
above is subject to such additional requirements or information as the Company may deem necessary; or, at its option, the
Company may refuse to delete the exception. No coverage will be given under any circumstances for labor or material for which the
insured has contracted for or agreed to pay. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph M.
Pursuant to Colorado Division of Insurance Regulation 8-1-3, notice is hereby given of the availability of a Closing Protection Letter
which may, upon request, be provided to certain parties to the transaction.
Pursuant to C.R.S. §10-11-122, notice is hereby given that:
A) The subject real property may be located in a special taxing district; B) A Certificate of Taxes Due listing each taxing jurisdiction
may be obtained from the County Treasurer's authorized agent; C) The information regarding special districts and the boundaries of
such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor;
and D) The company will not issue its policy of policies of title insurance contemplated by the commitment until it has been
provided a Certificate of Taxes due from the County Treasurer or the County Treasurer's authorized agent; or until the Proposed
Insured has notified or instructed the company in writing to the contrary
C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top
margin of at least one inch and a left, right, and bottom margin of at least one half of an inch. The clerk and recorder may refuse to
record or file any document that does not conform.
Pursuant to C.R.S. §10-11-123, notice is hereby given:
This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule
B, Section 2.
A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate
and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy
in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
If the transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the
disclosure/withholding provisions of C.R.S. §39-22-604.5 (Nonresident withholding).
Pursuant to C.R.S. §38-35-125(2), no person or entity that provides closing and settlement services for a real estate transaction shall
disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a
matter of right. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph J. "Good Funds Law"
C.R.S. §39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for
recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee and Section
38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address, (not necessarily the
same as the property address) be included on the face of the deed to be recorded.
File No. 1901067.1
SCHEDULE B - SECTION 2
Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction
of the company:
1. Rights or claims of parties in possession not shown by the Public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the
premises would disclose, and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public
records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent
to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon
covered by this commitment.
6. Any and all unpaid taxes, assessments and unredeemed tax sales.
7. Any lien or charge on account of the inclusion of subject property in an improvement district.
8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record.
9. 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 and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United
States Patent recorded, January 9, 1895 as Reception No. 18080
10. Rights of way shown on Plat No. One Antlers Orchard Development Company.
11. Reservation of an undivided One-half interest in all oil, gas and other minerals as more particularly described in deed recorded August 17,
1959 in Book 319 at Page 528 (S1/2NW1/4, SW1/4SW1/4, NW1/4SW1/4 of Section 36) and any and all interests therein or assignments
thereof.
12. Any question as to the exact size or location of the West 30 acres of the SE1/4SW1/4 of Section 36.
13. Terms, conditions and all matters set forth in unrecorded Lease Agreement by and between A & E Diemoz, LLLP and Wayne Pollard.
14. Reservation and any and all interest in oil and natural gas rights in instrument recorded February 1, 2018 as Reception No. 902839 and any
and all assignments thereof or interests therein.
15. Terms and conditions set forth in Declaration of Easements recorded September 13, 2018 as Reception No. 911705.
16. Terms and conditions set forth in Declaration of Utility Easement recorded September 13, 2018 as Reception No. 911704.
17. Right of way for ditches and canals in place and in use.
18. Terms and conditions set forth in Easement Deed and Declaration recorded March 20, 2019 as Reception No. 918347.
19. Terms and conditions set forth in Declaration of Easement (access and utility) recorded April 25, 2019 as Reception No. 919589.
20. Terms and conditions set forth in Declaration of Easement (Utility and Irrigation Waterline) recorded April 25, 2019 as Reception No.
919591.
21. Terms and conditions set forth in Easement Agreement recorded August 6, 2019 as Reception No. 923810.
22. Terms and conditions set forth in Easement Agreement recorded September 20, 2019 as Reception No. 925765.
(Continued)
File No. 1901067.1
SCHEDULE B - SECTION 2
(Continued)
23. Deed of Trust from Wayne H. Pollard to the Public Trustee of Garfield County for the use of Grand Valley Bank, showing an original
amount of $441,398.57, dated April 24, 2020 and recorded May 8, 2020 as Reception No.935133.
24. Deed of Trust from Wayne H. Pollard to the Public Trustee of Garfield County for the use of Grand Valley Bank, showing an original
amount of $600,000.00, dated April 24, 2020 and recorded May 15, 2020 as Reception No. 935404.
25. Deed of Trust from Wayne H. Pollard to the Public Trustee of Garfield County for the use of Grand Valley Bank, showing an original
amount of $300,000.00, dated April 24, 2020 and recorded May 15, 2020 as Reception No.935407.
26. Easements, rights of way and all matters shown on the Brackett Minor Subdivision Plat recorded , 2020 as Reception No.
27. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent
to the effective date hereof and the date on which all of the Schedule B, Part 1 -Requirements are met.
The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B -
Section 2, the following items:
(1) The Deed of Trust, if any, required under Schedule B - Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in
Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales.
NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company.
Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction.
American Land Title Association Commitment
Schedule B - Section 2
Form 1004-12
COMMONWEALTH TITLE COMPANY PRIVACY POLICY
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that
you may be concerned about what we will do with such information - particularly any personal or financial information. We agree
that you have a right to know how we will utilize the personal information you provide to us. Therefore, we have adopted this Privacy
Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use
information we have obtained from any other source, such as information obtained from a public record or from another person or
entity.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
•
•
Information we receive from you on applications, forms and in other communications to us, whether in writing, in person,
by telephone or any other means.
Information about your transactions with us, our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party.
Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or
service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the
period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality
control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or
more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and
casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal
companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as
described above to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other
financial institutions with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to
nonpublic personal information about you to those individuals and entities who need to know that information to provide products or
services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be
handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic and procedural safeguards
that comply with federal regulations to guard your nonpublic personal information.
From: Wayne Pollard
To: Vince Hooper
Subject: RE: [External] Brackett Minor Sub Application
Date: Monday, July 27, 2020 1:52:26 PM
Vince,
The following are in response to your letter dated June 30, 2020.
1. Paragraphs 1&2 I wish to remove my request for waivers. It was a misunderstanding on my
part.
2. Paragraph 3: We just removed the extension to Panoramic Drive.
3. I have forwarded the new Title Commitment.
4. Tim Wittenberg was #4 on the list of property owners.
5. Paragraph 6 &7 are addressed in the new Survey. I will forward the revised survey. I will also
send you a request to waive the requirements for installing OWTS on lot 1 at this time.
6. There is no ponding area on the parcel. I will send you a photograph showing the area.
7. I would like a clearer understanding as to what you would like to see from your statement in
paragraph 9.
Thank you,
Wayne Pollard
From: Vince Hooper
Sent: Monday, July 27, 2020 12:14 PM
To: Wayne Pollard <wayne@mountainlivestock.com>
Subject: RE: [External] Brackett Minor Sub Application
Please send me that information digitally. I will review it. If complete I will follow up with a request
to submit hard copies and send out a Technically Complete letter with a date for the Director's
Determination, Referral Agency review requests and the public notice information. Thank you.
vi-wcewt H -Doper, P M P
Garfield County
Planner III
108 8th Street, Suite 401
Glenwood Springs, CO
81601
(970)945-1377 x 1614
From: Wayne Pollard <wayne@mountainlivestock.com>
Sent: Monday, July 27, 2020 12:08 PM
To: Vince Hooper <vhooperPgarfield-county.com>
Subject: RE: [External] Brackett Minor Sub Application
I have all the information you requested. How do you want me to proceed?
From: Vince Hooper
Sent: Wednesday, July 01, 2020 2:28 PM
To: Wayne Pollard <waynePmountainlivestock.com>
Subject: Brackett Minor Sub Application
Wayne,
I am following up from our phone conversation earlier this afternoon. Please see attached
vivi,cevut f-toopeI, P M P
Garfield County
Planner 111
108 8th Street, Suite 401
Glenwood Springs, CO
81601
(970)945-1377 x 1614
July 27, 2020
To whom it may concern:
I would ask that you waive the requirements to demonstrate the feasibility of installing an
OWTS on Lot 1 of the Brackett Minor Subdivision. We have no plans of selling or building on Lot
1 for some time to come. We would gladly do whatever might be required at that time.
Wayne Pollard
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.
DIVISION 1: GENERAL APPROVAL STANDARDS
7-101. ZONE DISTRICT USE REGULATIONS
There is no change to zoning being requested and both Tots being created conform to all the standards
and restrictions of the Rural zone district.
7-102. COMPREHENSIVE PLAN AND INTERGOVERNMENTAL AGREEMENTS
Both Lots will comply with the current Comprehensive Plan.
7-103. COMPATIBILITY
The surrounding properties were all developed for rural residential use. The lots being created should
have no impact on the surrounding properties because the home already exists and Lot 1 is going to
remain a part of the agricultural operation.
7-104. SOURCE OF WATER
Lot 1 will be serviced by Four Seasons Shared Domestic Water System.
Lot 2 currently is being serviced by the well mention in application.
7-105. CENTRAL WATER DISTRIBUTION AND WASTEWATER SYSTEMS
Lot 2 currently being serviced by a septic system in place.
7-106. PUBLIC UTILITIES
Currently on property
7-107. ACCESS AND ROADWAYS
Currently being accessed off County Road 233
7-108. USE OF LAND SUBJECT TO NATURAL HAZARDS
Natural Hazards should not effect Lot 1 and Lot2
7-109. FIRE PROTECTION
Currently serviced by Colorado River Fire and Rescue District
DIVISION 2: GENERAL RESOURCE PROTECTION STANDARDS
7-201. AGRICULTURAL LANDS
I am the owner of the agricultural land adjacent to the parcels and see no adverse effect to the
operation.
7-202. WILDLIFE HABITAT AREAS
There will be no Wildlife Habitat impacted by this subdivision.
7-203. PROTECTION OF WATERBODIES
No impact to Waterbodies
7-204. DRAINAGE AND EROSION
NONE
7-205. ENVIRONMENTAL QUALITY
NONE
7-206. WILDFIRE HAZARDS
NONE
7-207. NATURAL AND GEOLOGIC HAZARDS
NONE
7-208. RECLAMATION
NONE
DIVISION 3. SITE PLANNING AND DEVELOPMENT STANDARDS
7-301. COMPATIBLE DESIGN
N/A
7-302. OFF-STREET PARKING AND LOADING STANDARDS
N/A
7-303. LANDSCAPING STANDARDS
N/A
7-304. LIGHTING STANDARDS
N/A
7-305. SNOW STORAGE STANDARDS
N/A
7-306. TRAIL AND WALKWAY STANDARDS
N/A
DIVISION 4. SUBDIVISION STANDARDS AND DESIGN SPECIFICATIONS
7-401. GENERAL SUBDIVISION STANDARDS
N/A
7-402. SUBDIVISION LOTS
N/A
7-403. SURVEY MONUMENTS
N/A
7-404. SCHOOL LAND DEDICATION
N/A
7-405. ROAD IMPACT FEES
N/A
OTHER PERTIENT STANDARDS
o/m
County
Project Name
Name
COLORADO GEOLOGICAL SURVEY SUBMITTAL
FORM FOR LAND -USE REVIEWS
.a Q r4ck��7
Date
jsvae Su b I
APPLICANT
(or Applicant's Authorized Representative responsible for paying the CGS review fee)
Address
AA E ,2 //#e
Yf ��
to R C
S.`/i; Co
924-379
-Phone
'/4,12, orl4'r4 s� sw fog
Section(s) J' ,
Township
Range 5.2 /4)4-,10,..4
Dec Lat
Dec Long
be)43.uce rase.44-4r.✓!i4.0637IoCA. Co",
Email at
G' ,t•r cj)c //f,10 f e41.0-+. co "1
FEE SCHEDULE
(effective June 1, 2009)
Reviews for Counties
Small Subdivision (> 3 dwellings or lots and < 100 acres) $950
Large Subdivision ( 100 acres and < 500 acres) ... - $1,550
Very Large Subdivision (500 acres or more) $2,500
Very small residential subdivisions (1-3 dwellings and < 100 acres) $600
Reviews for Municipalities At hourly rate of reviewer
Special Reviews At hourly rate of reviewer
School Site Reviews $855
CGS LAND USE REVIEWS
Geological studies are required by Colorado counties for all subdivisions of unincorpo-
rated land into parcels of less than 35 acres, under State statute C.R.S. 30-28-136 (1) (i)
(Serrate bin 3n, 1WW2). some Colorado municipalities require geological studies for sub-
division of incorporated land. In addition, local governments are empowered to regu-
late development activities in hazardous or mineral -resource areas under C.R.S. 24-65.1-
101 et seq. (House Bill 1041, 1974) and C.R.S. 34-1-301 et seq. (House Bill 1529, 1973),
respectively.
Local -government agencies submit proposed subdivision applications and supporting
technical reports to the Colorado Geological Survey "...for evaluation of those geologic
factors which would have significant impact on the proposed use of the land," in accor-
dance with State statutes. The CGS reviews the submitted documents and serves as a
technical advisor to local -government planning agencies during the planning process.
Since 1984, the CGS has been required by law to recover the full direct cost of perform-
ing such reviews.
The adequate knowledge of a site's geology is essential for any development project. It
is needed at the start of the project in order to plan, design, and construct a safe devel-
opment. Proper planning for geological conditions can help developers and future
owners/ users reduce unnecessary maintenance and/or repair costs.
Colorado Geological Survey • 1801 19th Stree£, Golden, CO 80401 - Ph: 303-384-2655 • Email- CGS_LURgmines-edv • ColoradoGe IogicalSurrey-org
crewed 3116198, revised 11/1112014
WAYNE POLLARD LIVESTOCK`
6448 COUNTY. ROAD 233
SILT, CO 81652
PAY TO THE l
ORDER OF
iym
BANK OF COLORADO
1200 RAILROAD AVE
RIFLE, CO 81650
82-244/1070
24289
5/19/2020
Colorado Geological Survey $**600.00
Six Hundred and 00/100*****************AA,,8#***********
k A* A ************t,4 k # # A************-Jr***#w.s*** A*****Yr11: k*k ****rtll
Colorado Geological Survey.
MEMO:
CCS -Review--Bfaeicett-Min-or
DOLLARS
AUTHORIZED SIGNATURE
v0 24 28911' 1:1070024481:S9305026320
WAYNE POLLARD LIVESTOCK
Colorado Geological Survey 5/19/2020
CGS Review Brackett Minor
24289
600.00
Bank of CO -WPL the CGS Review Brackett Minor 600.00
WAYNE POLLARD LIVESTOCK
Colorado Geological Survey 5/19/2020
CGS Review Brackett Minor 600.00
24289
Bank of CO -WPL ehe CGS Review Brackett Minor
600.00
Form N 513272, (REV. 10/03) THE CHECK DEPOT • REORDER ONLINE AT W WW.CHECKDEPOT.NET OR CALL 1-80C-625-8117
ADJACENT PROPERTY OWNERS WITHIN
200 FEET OF SUBJECT PROPERTY
1. Wayne Pollard
6448 Cty. Rd. 233
Silt, CO 81652
2. James and Mary Roark
6303 Cty. Rd. 233
Silt, CO 81652
3. C. Dean and Susannah Gonzales
6926 Cty. Rd. 233
Silt, CO 81652
4. Tim Wittenberg
7026 Cty. Rd. 233
Silt, CO 81652
5. Rick and Sandra Peterson
29 Panoramic Drive
Silt, CO 81652
6. Matt C. and Kimberly S. Bilson
28 Panoramic Drive
Silt, CO 81652
Page Two
7. Carlos, Sonya and Yolanda Salvidrez
85 Panoramic Drive
Silt, CO 81652
8. James and Eileen Pressler
123 Panoramic Drive
Silt, CO 81652
9. The Nancy J. Newton Trust
161 Panoramic Drive
Silt, CO 81652
10. George and Leslie Strong
P.O. Box 808
Silt, CO 81652
IN THE DISTRICT COURT IN AND F0
WATER DIVISION NO. 5
STATE OF COLORADO
CASE NO. w-2313
IN THE NATTER OF THE
APPLICATION FOR
WATER RIGHTS OF
ADOLPH DIEMOZ
IN THE COLORADO
RIVER OR ITS TRIBUTARIES
TRIBUTARY INVOLVED:
IN GARFIELD
• '
JRULINGOF THE REFEREE
�
ABSOLUTE DECREE FOR
UNDER GROUND WATER RIGHTS
COWRY)
FILED
IN WATER CJJ7...T
Division No.:i
SEP1 61974
TE_of rLORA
WATER CLERK
81 OEPLJTr
And the Referee having made the investigations required
by Article 21 of Chapter 148, C.R.S. 1963, as amended does hereby
make the following ruling, to wit:
This application was referred to the Vater Referee of
Water Division No. 5 on the 3rd .day of .Iu.v , 1974.
Address 214 Fine Street; Glenwood Springs, Colorado
2. The name of the structure is Diemoz Well No. 1.
3. The legal description of the structure is: The well is located
in the SEkSWk of Section 36, T. 5 S., R. 92 W. of the 6th
at a point whence the Witness Corner to the West
Quarter Corner of said Section 36 bears N. 36037'51' W.
3129 feet.
4. The depth of the well is 65 feet.
5. The date of initiation of appropriation is June 1, 1966.
6. The amount of water claimed is 0.0176 cubic foot per
second of time.
7. The use of the water is domestic and livestock water..-.
8. The State Engineer's number is none.
9. The Priority date is June 1, 1966.
10. The date of the application was May 24, 1974.
It is the ruling of the Referee that the statements in the
application are true and that the above described water right is
approved and granted the indicated priority; subject, however, to
all earlier priority rights of others.
It is accordingly ordered that this ruling shall become
effective upon filing with the Water Clerk, subject to Judicial review
as provided bylaw.
Done at the City of Glenwood Springs, Colorado this
day of , 1974-
1. Name of Applicant Adolph Diem=
No protest vas filed in this matter.
The foregoing ruling is confirmed
and approved, and is made the
Judgment and Decree of this court.
Water Referee
Water Division. No. 5
State of Colorado
Ray's Well Done Pump Service, LLC
Service Pumps/Cisterns/Well Tests
Attn: Wayne Pollard
RE: Well Test @ 6875 C.R. 233/Rifle
On 5/5/2020, a four hour well test was conducted on a well located at 6875 C.R. 233/Rifle.
The following information was obtained:
Approx. Well Depth 65'
Casing Size 6" steel
Static Water Level 40 ft.
Total Test Time 4 hours
Draw Down 60 ft.
Full Recovery 20 min.
Production 3.0 GPM
Test Pump 1/2 HP
Remarks: This well is adequate for a single family home, currently producing 3 GPM and
pumping to an 800 gallon cistern. Well production may vary throughout a calendar year.
If there are any questions regarding this well test, please contact me at 970-379-8017.
Sincerely,
Ray's Well Done Pump Service, LLC
970-379-8017
welldonepumps@gmail.com
Lic. # 1419
P.O. Box 863
Rifle, CO 81650
970-379-8017
welldonepumps@gmail.com
Lic. #1419
May 19, 2020
To Whom it May Concern;
I, Wayne Pollard, verify that there are no irrigation company ditches that run through the
subject property.
Thank you,
4, ,o,
Wayne Pollard
Garfield County
CERTIFICATION OF MINERAL OWNER RESEARCH
This form is to be completed and submitted with any application for a Land Use Change Permit.
Mineral interests may be severed from surface right interests in real property. C.R.S. § 24-65.5-101, et seg,
requires notification to min -era/ o hers 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):
1 own the entire mineral estate relative to the subject property; or
.. Minerals 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):
Name of Mineral Owner
Mailing Address of Mineral Owner
hl 17iEmaz 12.L p
Ov y C'). 7 c.. G/.,,vat spz,9s Cr,
_
J. C -s r., e bsceb.itA.
j c%
ISti AYo c .2Sb uJebf 5 stiostrr, ur Pya/S'
Kel ',.v C -e, . id 17 icg,,lAleae
/70; ini,44 A/e)62 G)r Caosr ur,c
MWvi( Jr A,1 D cgt ifile,c
, ya
Po 3,1)„,.,111/ DAvi „>s, A40 94/
.4.144,4,., fam / Wuxi-
2yay N. E_ 3e4efe .4x al
T,
I acknowledge I reviewed C.R.S. § 24-65.5-101, et seq, and I am in compliance with said statue and the
LDDC.
Applicant's nature
Date
V/ c;204,2c?
60/
STATEMENT OF COMPLIANCE
FOR RELEVANT ARTICLE 7 TOPICS
May 19, 2020
To Whom it May Concern;
1, Wayne Pollard, represent that the Brackett Minor Subdivision will or has complied with all
relevant Article 7 topics.
Thank you,
d'.6.-3'
Wayne Pollard
Down Valley Septic & Drain, Inc.
PO Box 1967
Rifle, CO 81650
(970)930-0124
ISDS INSPECTION
CUSTOMER NAME: WAYNE POLLARD DATE: May 7, 2020
ADDRESS: 6875 COUNTY ROAD 233, SILT CO
TYPE OF TANK: 1250 GALLON CONCRETE
LOCATON OF TANK: 45' NORTH FROM NORTHWEST CORNER OF HOUSE
CLEANOUTS: TOTAL OF 3
CONDITION OF TANK: VERY GOOD
# OF LIDS: 2 DEPTH OF LIDS: SURFACE CONDITION OF LIDS: GOOD
# OF RISERS: 2 EACH SIDE OF TANK
INLET T: YES GOOD SHAPE OUTLET T: YES GOOD SHAPE
LEVELS OF LIQUID AT T'S: NORMAL
BAFFLES: YES GOOD SHAPE
SLUDGE THICKNESS: MINIMAL
LEECHFIELD LOCATION: NORTH OF TANK
LEECHFIELD TYPE: INFILTRATORS
LEECHFIELD WORKING: NORMAL
RECOMMENDATIONS: SYSTEM IS IN GOOD WORKING CONDITION CONTINUE TO SERVICE
EVERY 2 YEARS
DOWN VALLEY SEPTIC & DRAIN, INC. IS NOT RESPONSIBLE BEFORE, DURING OR AFTER THIS INSPECTION.
Xcel Energy
WILL SERVE LETTER
May 13, 2020
Wayne Pollard
6448 County Road 233
Silt CO 81652
Re: 6875 County Rd 233, Silt CO 81652
Dear Wayne,
This letter is to confirm that Xcel Energy is your utility provider for natural gas and electrical service. In accordance with our
tariffs, on file with and approved by the Colorado Public Utilities Commission, gas and electric facilities can be made
available to serve the project at 6875 County Rd 233, Silt CO 81652.
Your utility service(s) will be provided after the following steps are completed:
• Application submitted to Public Service's "Builders Call Line (BCL)"— once your application is accepted you
will be assigned a design department representative who will be your primary point of contact
• Utility design is completed — you must provide your design representative with the site plan, the one line
diagrams, and panel schedules for electric and gas loads if applicable
• All documents provided by design representative are signed and returned
• Payment is received
• Required easements are granted - you must sign and return applicable easement documents to your Right -of -
Way agent
• Site is ready for utility construction
A scheduled in-service date will be provided once these requirements have been met.
It is important to keep in mind that the terms and conditions of utility service, per our tariffs, require that you provide
adequate space and an easement on your property for all gas and electric facilities required to serve your project, including but
not limited to gas and electrical lines and meters, transformers, and pedestals. General guidelines for these requirements can
be found at Site Requirements. https://www.xcelenergy.com/staticfiles/xe-responsive/Admin/Managed Documents
& PDFs/Xcel-Energy-Standard-For-Electric-Installation-and-Use.pdfEasement requirements can be found at Utility
Design and Layout.
Xcel Energy looks forward to working with you on your project and if I can be of further assistance, please contact me at the
phone number or email listed below.
Sincerely,
Samantha Wakefield
Xcel Energy Planner
Mailing address: Xcel Energy
1995 Howard Ave
Rifle, CO 81650
Version November 1, 2019
Garfield County
Community Development Department
108 8' Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
PRE -APPLICATION
CONFERENCE
SUMMARY
DATE: March 27, 2020
TAX PARCEL NUMBER: 2127-363-00-003
OWNER: Wayne Pollard
REPRESENTATIVE: None
PRACTICAL LOCATION: 6875 County Road 233, Silt, CO 81652
TYPE OF APPLICATION: Minor Subdivision
ZONING: Rural
SIZE: 154.738 acres
I. GENERAL PROJECT DESCRIPTION
The applicant is proposing a Minor Subdivision to split the 154.738 -acre property into two
lots in the Rural Zone District The applicant should note that the minimum lot size in the Rural
zone district is 2 -acres. The proposed split would result in one parcel of approximately 4 -
acres and the remainder parcel. The property is currently improved with an existing single-
family residence, served by an existing well and OWTS (on-site wastewater treatment
system). The applicant is proposing to serve the new lot with a well off the property to the
north.
The Subdivision requires a demonstration of legal and adequate water for both of the
proposed parcels, Staff encourages the applicant to discuss the subdivision with the Division
of Water Resources (DWR) (Contact Dwight Whitehead at the DWR at 970-945-5665 ext.
5011) prior to submitting an application for subdivision with the County. In addition, a water
quality test and spring production test will need to be conducted prior to application submittal
in accordance with Section 4-203(M)(1)(b)(5). The applicant may request that water quality
and quantity tests be conducted as conditions of approval. All conditions of approval must be
completed within 90 days of approval. The subdivision cannot be finalized until all necessary
conditions of approval are satisfied.
Both proposed parcels will be accessed directly from County Road 233. The application
should indicate where existing access points to the County Road are located. All driveways
and access roads need to conform to the dimensional requirements in Section 7-107 of the
LUDC.
The applicant will need to create a plat for the subdivision. The applicant's Surveyors should
insert Certificates as prescribed by the County for the necessary signatures. The plat will
need to include all information as described in Section 5-402(F), including the name and
addresses of the surface owners and mineral estate. The applicant will also need to submit
a title commitment for the subject property and ensure that the plat states that all easements
and encumbrances identified in the commitment are accurately shown on the plat.
Proof of ownership is required to process the application. The property owner, per County
assessor records, will need to sign the application or provide a letter of authorization for
anyone else who will be working on the Application.
II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS
• Garfield County Comprehensive Plan 2030 as amended
• Garfield County Land Use and Development Code as amended
o Section 5-301 — Minor Subdivision Review
o Table 5-103 Common Review Procedures and Required Notice
o Section 5-401 and Table 5-401 Submittal Requirements including preliminary
engineering reports.
o Section 5-402 Description of Submittal Requirements including Final Plat
o Section 4-101 Common Review Procedures
o Section 4-103 Administrative Review including Public Notice
o Article 7, Divisions 1, 2, 3, and 4 as applicable
III. SUBMITTAL REQUIREMENTS
As a convenience, a summary of the submittal requirements for a Minor Subdivision
Application is outlined below. These items are fully described as referenced in Table 5-401
of the Land Use and Development Code.
❑ General Application Materials
o Signed Application Form
o Signed Payment Agreement Form and application fees
o Proof of Ownership including the deed and updated Title Commitments for all
properties and any information on lien holders
❑ A narrative describing the request and related information
❑ Mineral rights ownership for the subject property (demonstrated through a search of
Clerk and Recorders database and/or Assessor database, memo attached).
❑ Names and mailing addresses of property owners within 200 ft. of the subject property.
❑ Vicinity Map.
❑ The Proposed Minor Subdivision Plat showing the proposed lot lines, all easements
and required certificates. Final Plat will need to meet the standards in Section 5-402(F)
and all required certificates.
❑ Site Plan and related information (some may be shown on the proposed plat) including
topography, existing improvements, infrastructure, irrigation ditches, and significant
features. The site plan should include information on location of improvements on the
property adequate to confirm that no nonconforming conditions will result from the
proposed subdivision.
❑ Contact information for any ditch companies with irrigation ditches crossing the parcel.
❑ Water Supply Plan needs to include details on legal water including well permits, well
production tests, and water quality tests.
❑ Will serve letters from Electric Utility provider.
❑ Waste -Water Treatment Plan needs to address any constraints including soils and
demonstrate feasibility of installing OWTS on the proposed lots. Additionally, the
applicant needs to supply a demonstration from a qualified professional that the
existing OWTS is adequate and functioning.
❑ A waiver request from submittal of an Improvements Agreement, with reference to
section 4-202.0 of the LUDC.
❑ Copies of any covenants affecting the property need to be provided, if applicable.
❑ Information as applicable to demonstrate compliance with provisions of Article 7
Standards. The Application should include representation or statement that the
subdivision will comply with all applicable Article 7 topics.
❑ Form and payment for the Colorado Geological Survey (CGS) review. The payment
check for this referral should be made out to the Colorado Geological Survey
❑ Engineering Reports, as applicable per Table 5-401, Minor Subdivision, A) Roads,
Trails, Walkways, and Bikeways, C) Sewage Collection and Water Supply and
Distribution System, E) Groundwater Drainage, and H) Preliminary Cost Estimates for
Improvements
❑ A copy of this pre -application conference summary
The Application submittal needs to include 3 hard copies of the entire Application and 1 digital
PDF copy of the entire Application (on a CD or USB Memory Stick). Both the paper and
digital copies should be split into individual sections. Please refer to this pre -application
summary for submittal requirements, listed above, that are appropriate for your Application.
IV. REVIEW PROCESS
The review process shall follow the steps contained in Table 5-103 and Section 4-103 for an
Minor Subdivision and Administrative Review summarized as follows:
Approximately 2 months it submittal is complete
Garfield County
Minor SubdivEslon Revievr+ Process
(Section 5-301)
Step 1: Pre -application Conference
*Applicant hes 6 months to suhrn[t application
Step. 2: Application Submittal
Step 3: Completeness Review
* 10 bus Ines days to review
* If incomplete, 60 days to rernrdy deficiencies
Step 4: Schedule Decision Date and Provide Notice
* j41 ih d t0 adjacent prdperty ownrs within 200 feet and mineral owners
at least 15 days prior to decision date
Step 5: Referral
•21 day comment period
Step 6: Evalutiori by Director
Step 7 Dire-c-tor's Decision
• Call• u p Period • within 10 days of Director's Decision
* Applicant has 90 days to meet any conditions of appruwd
Public Hearing(s):
X No Public Hearing (Directors Decision with notice per code)
_ Planning Commission
_Board of County Commissioners
_ Board of Adjustment
Referral Agencies:
May include but is not limited to: Garfield County Surveyor,
Garfield County Attorney, Garfield County Building Department,
Garfield County Road and Bridge, Colorado Geological Survey,
Colorado Parks and Wildlife, Division of Water Resources,
Garfield County Environmental Health, Garfield County
Vegetation Management, affected utility providers and holders of
easements on the property.
V. APPLICATION REVIEW FEES
Planning Review Fees: $400
Referral Agency Fees: $ TBD ($600 Colorado Geological Survey, separate check
- others To Be Determined)
Total Deposit: $400 (additional hours are billed at hourly rate of $40.50)
Disclaimer
The foregoing summary is advisory in nature only and is not binding on the County. The
summary is based on current zoning, which is subject to change in the future, and upon factual
representations that may or may not be accurate. This summary does not create a legal or
vested right and is valid for period of 6 months.
Pre -application Summary Prepared by:
A3
Patrick Waller, Planner
March 27, 2020
Date
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 Clerk 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 longer 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.
•
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.
5. Research whether a Notice of Mineral Estate Ownership was filed for the subject
property. On the Clerk and Recorder's computer, search under 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 Clerk 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 consuming process. if you are unable to
determine mineral rights ownership by yourself, consider hiring an attorney or Landman.
Attorneys and sandmen specialize in determining mineral rights ownership, but they charge a fee
for their services.
DIVISION 3. SUBDIVISION.
5-301. MINOR SUBDIVISION REVIEW.
A. Overview.
1. A Minor Subdivision is any Subdivision that:
a. Creates no more than 3 parcels;
6. Is served by a private well or wells, or a Water Supply Entity; and
c. Does not require the extension, construction, or improvement of a
County right-of-way.
2. A parcel may be eligible to use the Minor Subdivision process once so long
as it is not evading the Major Subdivision process or would result in a de
facto Major Subdivision through the combination of previous contiguous
Minor Subdivisions as determined by the Director. An appeal of this
determination shall be processed as an Administrative Interpretation
Appeal.
3. Further divisions of the lots created through the Minor Subdivision process
shall be processed as Major Subdivisions_
4. Use of the Minor Subdivision process does not prevent the subsequent use
of a RLDE pursuant to section 5-203_
B. Review Process.
A Minor Subdivision application shall be reviewed pursuant to section 4-103,
Administrative Review, and consistent with Table 5-103,
C. Review Criteria.
In considering a Minor Subdivision application, the application shall demonstrate the
following:
1. It complies with the requirements of the applicable zone district and this
Code, including Standards in Article 7, Divisions 1, 2, 3 and 4.
2. It is in general conformance with the Comprehensive Plan.
3. Shows satisfactory evidence of a legal, physical, adequate, and
dependable water supply for each lot.
4. Satisfactory evidence of adequate and legal access has been provided.
5. Any necessary easements including, but not limited to, drainage, irrigation,
utility, road, and water service have been obtained.
6. The proposed Subdivision has the ability to provide an adequate sewage
disposal system.
7. Hazards identified on the property such as, but not limited to, fire, flood,
steep slopes, rockfall and poor soils, shall be mitigated, to the extent
practicable.
8. Information on the estimated probable construction costs and proposed
method of financing for roads, water distribution systems, collection
systems, storm drainage facilities and other such utilities have been
provided.
9. All taxes applicable to the land have been paid, as certified by the County
Treasurer's Office.
10. All fees, including road impact and school land dedication fees, shall be
paid.
11. The Final Plat meets the requirements per section -402.F., Final Plat.