HomeMy WebLinkAbout1.00 General Application MaterialsCOMMITMENT FOR TITLE INSURANCE
SCHEDULE A
File No. 1712020-PLAT
1. Effective Date: November 8, 2021 at 7:59 AM
2. Policy or Policies to be issued:
(a) ALTA OWNER 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:
Thomas P. Moser and Jessica L. Moser
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 & Plat Review 167.00
COUNTERSIGNED: ___________Patrick P. Burwell___________________________________________
Authorized Officer or Agent
Valid Only if Schedule B and Cover Are Attached
American Land Title Association Issuing Agent:
Schedule A Commonwealth Title Company of Garfield County, Inc.
(Rev'd 6-06) 127 East 5th Street Rifle, CO 81650
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
File No. 1712020-PLAT
1. Effective Date: November 8, 2021 at 7:59 AM
2. Policy or Policies to be issued:
(a) ALTA OWNER 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:
Thomas P. Moser and Jessica L. Moser
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 & Plat Review 167.00
COUNTERSIGNED: ___________Patrick P. Burwell___________________________________________
Authorized Officer or Agent
Valid Only if Schedule B and Cover Are Attached
American Land Title Association Issuing Agent:
Schedule A Commonwealth Title Company of Garfield County, Inc.
(Rev'd 6-06) 127 East 5th Street Rifle, CO 81650
File No. 1712020-PLAT
EXHIBIT "A"
A parcel of land situate in the SE¼ of Section 10, Township 8 South, Range 92 West of the Sixth Principal Meridian,
County of Garfield, State of Colorado, the basis of bearing for this survey is a bearing of South 00°00'51" West between
the East ¼ corner of Section 10, a 2.5" USGLO brass cap in place, and the Southeast corner of Section 10, a 2.5" USGLO
brass cap in place and being more particularly described as follows:
Commencing at the East ¼ corner of said Section 10, a 2.5" USGLO brass cap in place; thence South 00°00'51" West
632.96 feet to a point on the Easterly line of the SE¼ of said Section 10, THE TRUE POINT OF BEGINNING; thence
South 00°00'51" West along said Easterly line a distance of 685.42 feet to the South 1/16 corner between said Section 10
and Section 11, a 3¼" aluminum cap LS No. 36572 in place; thence South 00°00'51" West continuing along said Easterly
line 1318.38 feet to the South East corner of said Section 10, a 2.5" USGLO brass cap in place; thence North 89°56'44"
West along the Southerly line of said SE¼ a distance of 348.71 feet to a point on the centerline of County Road No, 342;
thence departing said Southerly line and along the centerline of said County Road 342 the following 4 courses:
1) North 00°13'25" East 176.15 feet
2) North 02°28'27" East 1116.87 feet
3) North 18°20'07" East 523.30 feet
4) North 32°17'09" East 254.03 feet to the Point of Beginning
Subject to a strip of land 60 feet in width for the purpose of a right of way easement for County Road No. 342 situate in
the SE¼ of Section 10, Township 8 South, Range 92 West of the Sixth Principal Meridian, County of Garfield, State of
Colorado. Said right of way easement being 30 feet to each side of the following described centerline.
Commencing at the Southeast corner of said Section 10, a 2.5" USGLO brass cap in place; thence North 89°56'44" West
348.71 feet to a point on the Southerly line of the SE¼ of said Section 10 and the centerline of County Road No. 342 as
constructed in place, THE TRUE POINT OF BEGINNING; thence along the centerline of said County Road 342 the
following 4 courses:
1) North 00°13'25" East 176.15 feet
2) North 02°28'27" East 1116.87 feet
3) North 18°20'07" East 523.30 feet
4) North 32°17'09" East 254.03 feet to a point on the Easterly line of the SE¼ of said Section 10, the point of terminus,
whence the East ¼ corner of said Section 10, a 2.5" USGLO brass cap in place bears North 00°00'51" East 632.96 feet,
side lines to be lengthened or shortened to close with boundary lines.
Also known as
Parcel 1
Perryman Subdivision Exemption
According to the plat thereof recorded February 18, 2009 as Reception No. 763386.
File No. 1712020-PLAT
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.
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. 1712020
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.
N
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 way (whether in fee or by easement) for County Road No. 342.
10. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded November
15, 1919 in Book 112 at Page 338.
11. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded April 30,
1929 in Book 112 at Page 601.
12. Easement granted to Ute Electric Association, Inc., the exact location of which is not defined, in Agreement recorded October 2, 1962 in
Book 344 at Page 372.
13. Easement granted to United States of America as described in instrument recorded February 7, 1963 in Book 347 at Page 110.
14. Easement granted to United States of America as described in instrument recorded January 16, 1964 in Book 355 at Page 285.
15. Reservation of an undivided three-fourths interest in all oil, gas and other minerals by Roy F. Smith and Elizabeth J. Smith in Warranty
Deed recorded January 15, 1974 in Book 454 at Page 127, and any and all interests therein or assignments thereof.
16. Terms and conditions of Oil and Gas Lease by and between Riley Record, a/k/a Riley M. Record and R. M. Record, and Elfie B. Record,
as Lessor and Snyder Oil Company, as Lessee, recorded October 23, 1981 in Book 584 at Page 116 and any and all interests therein or
assignments thereof.
17. Terms and conditions of Oil and Gas Lease by and between Riley M. Record and Elfie B. Record, as Lessor and Meridian Oil Inc., as
Lessee, recorded March 2, 1990 in Book 773 at Page 753 and any and all interests therein or assignments thereof.
18. Easement and right of way granted to Sun Operating Limited Partnership as described in Right of Way Agreement recorded February 1,
1991 in Book 798 at Page 159.
(continued)
File No. 1712020-PLAT
SCHEDULE B - SECTION 2
19. Easement and right of way granted to EnCana Gathering Services (USA) Inc. as described in Pipeline and Right of Way Grant recorded
August 11, 2003 in Book 1504 at Page 457.
20. Easement and right of way granted to EnCana Oil & Gas (USA) Inc. as described in Road Easement and Right of Way Grant recorded
August 11, 2003 in Book 1504 at Page 460.
21. Easement and right of way granted to EnCana Gathering Services (USA) Inc. as described in Pipeline and Right of Way Grant recorded
October 3, 2003 in Book 1526 at Page 306.
22. Terms, conditions and all matters set forth in Surface and Damage Agreement with EnCana Oil & Gas (USA) Inc. as evidenced by
Memorandum recorded November 17, 2004 in Book 1639 at Page 909.
23. Easement and right of way granted to EnCana Oil & Gas (USA) Inc. as described in Pipeline and Right of Way Grant recorded October 17,
2005 in Book 1736 at Page 211.
24. Easement granted to Laramie Energy, LLC as described in Right of Way Agreement recorded July 3, 2006 in Book 1816 at Page 167.
25. Terms and conditions of Property Lease Agreement by and between Patricia Fern Perryman and SG Interests I, LTD in instrument recorded
April 4, 2008 as Reception No. 746016.
26. Terms and conditions of Garfield County Resolution No. 2009-05 recorded January 14, 2009 as Reception No. 761489.
27. Easements, rights of way and all other matters disclosed on the plat of the Perryman Subdivision Exemption recorded February 18, 2009 as
Reception No. 763386.
28. Reservation of all oil, gas and other mineral rights by Patricia Fern Perryman in Warranty Deed recorded March 3, 2009 as Reception No.
764123 and any and all assignments thereof or interests therein.
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.
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
PRE-APPLICATION
CONFERENCE SUMMARY
TAX PARCEL NUMBER: 245510400043 DATE: March 17, 2021
Updated: 9/16/21 & 10/18/21
PROJECT: Minor Subdivision of Perryman Exemption
OWNER: Thomas and Jessica Moser
PRACTICAL LOCATION: 5250 County Road 342 Silt, 81652
TYPE OF APPLICATION: Minor Subdivision
ZONING: Rural
I. GENERAL PROJECT DESCRIPTION
The property owner is proposing to subdivide the property into two lots. The existing parcel
is approximately 12.531 acres. The proposed lots are required to meet the Rural minimum
lot size of 2 acres. The property is already improved with a single -family residence and an
agricultural employee housing unit. The applicant’s plan is that to locate one of the residences
on each parcel. Both proposed properties will have separate access onto County Road 342.
The applicant will need to demonstrate that access to both parcels meets Land Use and
Development Code Standards as noted in Section 7 -107.
The applicant plans to serve one of the lots with an existing well and the other lot with a
cistern and hauled water. The Land Use Code in Section 7-104 specifically requires that:
All applications for Land Use Change Permits shall have an adequate, reliable,
physical, long term, and legal water supply to serve the use, except for land uses that
do not require water, or that contain Temporary Facilities served by a licensed water
hauler.
The applicant’s plan to serve one of the lots with a cistern and water hauling does not meet
this requirement. To address this standard, the applicant will need to requ est a Waiver from
Standards as outlined in Section 4-118. The application should respond specifically to this
section. The waiver criteria is also attached. Additionally, Staff recommends that the
applicant discuss their water supply plan with the Division of Water Resources (970-945-
5565) to ensure that the Division does not have any issues with the proposal. A Minor
Subdivision application requires Water Supply information including a Pump Test and Water
Quality Test as outlined in Section 4-203(M)(1)(b)(5). This will be required for the existing
well serving the Applicant’s home. The applicant may request that these items are completed
as Conditions of Approval. The applicant will need to provide information on the cistern,
including make, model, volume, and location. The source of water (i.e. town, municipal,
special district) to be hauled to the home should also be provided including a will serve letter
or contract to ensure that the water will be available for purchase.
Please note that applications for waivers to request hauling water are likely to be referred up
to the Board of County Commissioners for their review, as water supply plans are a critical
element of our review process (see Section V. Review Process of this summary) In addition
the Garfield County Comprehensive Plan 2030, 2020 indicates that in Key Issues #8. Water
hauling may not be a long term reliable solution for water quality and/or quality issues” Policy
2, Strategy v. also provides additional input on the water hauling issue reading as follows v.
“While water hauling is generally not a long-term reliable solution, the county should
coordinate with local municipalities and districts that are selling water for hauling and identify
solution that could help to ensure water availability, including the potential sale of out-of-town
taps.
Each parcel is to be served by individual Onsite Wastewater Treatment Systems (OWTS). A
search of County records shows that both dwellings on the property have a permitted OWTS.
The OWTS associated with the single-family residence was permitted in 2010 and the OWTS
associated with the Ag Employee Housing Unit was permitted in 2018. Because the 2018
system is so recent, the applicant only needs to submit the County permit. The 2010 system
verification should include the permit and a statement from a qualified professional indicating
that the system is adequate and functioning.
Each parcel must demonstrate long-term legal and physical access to a public road. Any
existing driveway permits with Garfield County Road and Bridge Department will need to be
submitted with the application. All access roads and driveways also need to be demonstrated
to conform to the dimensional requirements in Section 7 -107 of the LUDC. In addition, any
future driveways and access roads will need to be built to the standards outlined in Section
7-107.
As the application needs to be referred to the Colorado Geologic Survey, the referral form
(attached) needs to be submitted with the application along with the applicable fee.
The proposed subdivision is part of a subdivision exemption parcel. The applicant should
review the plat notes, to determine if the applicant would like to change any of the notes.
Staff understands that there is an accessory structure located on the property. County
electronic records do not show a permit for this structure. As part of the submittal, the
applicant should provide further information on this structure, including whether or not it was
permitted and the applicant’s plans for the structure.
II. COMPREHENSIVE PLAN
The property is designated in the County Comprehensive Plan as within the Medium High
Density Residential Designation (2 to less than 6 acres per dwelling unit).
III. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS
The following Sections of the Garfield Land Use and Development Code are applicable to
the proposed application:
➢ Section 5-301 Minor Subdivision including Review Criteria
➢ Table 5-103 Common Review Procedures and Required Notice
➢ Section 5-401 and Table 5-401 Submittal Requirements including preliminary
engineering reports for Access, Sanitation, Groundwater Drainage, and any
preliminary cost estimates.
➢ Section 5-402 Description of Submittal Requirements including Final Plat
➢ Section 4-103 Administrative Review (public notice)
➢ Section 4-203 Description of Submittal Requirements (as applicable)
➢ Provisions of Article 7, Articles 1, 2, 3 and 4, as applicable including site planning and
subdivision standards.
IV. SUBMITTAL REQUIREMENTS
Outlined below is a list of information typically required for this type of application:
• General Application Materials including copy of the application form, application fees,
signed Payment Agreement Form.
o Updated Title Commitment for the property
o Deed
o A narrative describing the request and related information.
o Names and mailing addresses of properties within 200 ft. of the subject
property.
o Mineral rights ownership form for the subject property including mailing
addresses
o If owner intends to have a representative a letter of authorization to represent
is needed.
• Copy of the Pre-application Summary needs to be submitted with the Application.
• Vicinity Map including areas within approximately 3 miles.
• The Proposed Minor Subdivision Plat showing the proposed lot lines and all
easements existing and proposed including utility and access easements.
• Site Plan and related information including topography and existing improvements on
the parcels.
• The site plan/plat should include improvement location information adequate to
confirm that no nonconforming conditions will result from the proposed subdivision.
• Water Supply Plan including information on legal water (well permits), well pump test
along with water quality testing. The plan needs to address the water supply for both
lots. If water quality and quantity testing is requested to be conducted as a Condition
of Approval, then this request needs to be made in the application.
• Because the applicant is proposing to serve one lot with a cistern, information should
be provided on the cistern including make, model, and location.
o The applicant needs to request a waiver from Section 7 -104 of the Land Use
and Development Code regarding water supply for the lot that uses a cistern.
Per the pre-application conference discussion, the applicant should note that
Staff is unlikely to support this waiver request.
• Wastewater Management Plan needs to include information on the existing OWTS’
including the permit and a statement from a qualified professional for the single-family
residence. The ag-employee housing OWTS documentation should include the
County permit for the system.
• Any existing or proposed covenants on the property.
• Information as applicable to demonstrate compliance with provisions of Article 7
Standards, Divisions 1, 2, 3, and 4.
• Final Plat meeting the standards in Section 5 -402(F) and all required Certificates.
• 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) or waiver requests from these items.
• Information on the adequacy of the access driveways to serve the proposed lots to
meet the dimensional standards in Section 7-107.
• Cost estimates for any major improvements such as roadway upgrades or water line
extensions if needed. If there are no engineered improvements planned or required,
the application should indicate such.
• Copies of any existing approval documents for the Perryman Exemption should be
provided such as a Resolution of Approval and a copy of the Subdivision Exemption
Plat (recorded at reception).
The Application submittal needs to include 3 hard copies of the entire Application and 1
Digital PDF Copy of the entire Application. Both the paper and digital copies should be split
into individual sections. Please refer to the pre-application summary for submittal
requirements that are appropriate for your Application.
V. REVIEW PROCESS
Because the applicant is requesting a waiver from Section 7 -104 of the Land Use and
Development Code and Staff is unlikely to support this request, the application will be called -
up directly to the Board of County Commissioners, rather than going through a Director’s
Decision. The applicant will be required to provide notice for the public hearing consistent
with an Administrative Review.
Public Hearing(s): _ _ Directors Decision
___ Planning Commission
_X_ Board of County Commissioners (Call-up)
___ Board of Adjustment
Referral Agencies: May include but are not limited to: Garfield County Surveyor,
Garfield County Road and Bridge Department, Garfield County
Consulting Engineer, Garfield County Vegetation Manager,
Colorado Geological Survey, Fire Protection District, and the
Colorado Division of Water Resources.
V. APPLICATION REVIEW FEES
Planning Review Fees: $400
Referral Agency Fees: $tbd ($600 Colo.Geological Survey - Engineer TBD)
Total Deposit: $400 (additional hours are billed at hourly rate of $40.50)
General Application Processing
Planner reviews case for completeness and sends to referral agencies for comments. The
case planner contacts applicant and sets up a site visit. Staff reviews application to determine
if it meets standards of review and makes a recommendation of approval, approval with
conditions, or denial to the Board of County Commissioners.
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 cr eate a
legal or vested right and is valid for a period of 6 months after which an update should be
requested.
Pre-application Summary Prepared by:
Updated 9/16/21 & 10/18/21
__________________________________________ ______________
Glenn Hartmann, Principal Planner Date
Garfield County Community Development Department
Thomas and Jessica Moser
5250 CR 342
Silt, CO 81652
msjessica368@gmail.com
March 8, 2022
Glenn Hartmann, Principal Planner
Garfield County Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Project: Minor Subdivision of Perryman Exemption
Owner/Applicant: Thomas and Jessica Moser
Property Address: 5250 County Road 342, Silt, CO 81652
Tax Parcel No: 24551040043
Dear Mr. Hartmann:
Enclosed please find the Minor Subdivision Application for the above-referenced property
(“Property”) for a 2 lot subdivision, and associated documentation supporting this Application.
This Property is zoned as rural, and there is one single-family residence on the Property as well as
an agricultural employee housing unit on the Property. The purpose of this Application is to legally
subdivide the Property into two parcels so one of the residences is on each parcel.
There is a historic log shed on the Property (identified in the Pre-Application Conference Summary
as “an accessory structure”). At the time of the final occupancy inspection by the Garfield County building
inspector in 2010, the previous owner of the Property was of the understanding that the log structure was
grandfathered in as a recreational or utility structure. Attached is a letter from Mr. Danielson in this regard.
We have only ever used this building as storage building and have no plans to improve or obtain an ADU
permit for residential use for this structure.
This Property complies with zoning, is in general conformance with the Garfield County
Comprehensive Plan, and the nature, scale and intensity of the current uses are compatible with adjacent
land uses. No additional easements are necessary. Access to both parcels meets Land Use and Development
Code Standards as per LUDC Section 7-104. Each parcel will have separate access onto CR Road 342, and
the driveways have been constructed per the County Driveway Permit specifications (see permits submitted
herewith), with no new or additional driveways/roads to be constructed.
As to the water supply plan for the lots, we are requesting a waiver from LUC Section 7-104, as
outlined in LUDC Section 4-118. We are currently using a well that has been permitted for the entire
Property to serve the single-family residence on the property, and the agricultural employee housing unit is
using a cistern and hauled water. A water supply plan, which includes information on legal water (well
permit, pump test and water quality testing on existing well), source of water to be hauled (cistern
information and will-serve letters from water providers) and waiver request of the standards as outlined in
Section 4-118 is attached as part of the application materials.
There will be no changes to drainage, sanitation, access easements or utility services on the
Property. No engineered improvements are needed, planned or required and thus we are requesting waivers
from any of the engineering reports listed in Table 5-401 of the LUDC. There is no homeowner association
Thomas and Jessica Moser
Garfield County Minor Subdivision Application, Perryman Exemption
Page 2 of 2
for this Property and no necessity for documents to govern the Property such as codes, covenants and/or
restrictions as set forth in Section 5-402(I) of the LUDC. There are no identified hazards such as poor soils,
flooding danger or steep slopes on the Property that need to be addressed or mitigated.
In support of this Application, enclosed is the following:
1. Signed Divisions of Land Application Form, Minor Subdivision, application fee in the
amount of $400.00 and signed Payment Agreement form;
2. Updated title commitment for the Property;
3. Deed for the Property (we request that lienholder consent form be a condition of approval);
4. Names and mailing addresses of properties within 200 feet of the subject Property and
assessor’s map showing properties;
5. Certification of Mineral Owners Research form with names of mineral owners;
6. Copy of Pre-Application Conference Summary last updated October 18, 2021;
7. Minor Subdivision Plat (Proposed) with vicinity map;
8. Separate vicinity map;
9. Site Plan and related information including topography/existing improvements;
10. Water Supply Plan:
A. Information on well permit: well permit number 279089, well construction and test
report, pump installation test report, Aqua-Tec Systems 4 hour pump test report dated
4/26/2018, water quality testing laboratory results; and
B. Waiver request from LUDC Section 7-104, water cistern make, model and location,
will-serve letters from bulk water providers.
11. Wastewater Management Plan: OWTS permits for both residences along with an
inspection letter dated February 9, 2022 from Down Valley Septic & Drain, Inc. showing
that the ISDS system on the single-family residence is adequate/functioning;
12. Colorado Geological Survey Form and $600 check to CGS for review;
13. Driveway permits for both residences.
Please let us know if you have any questions or need additional information.
Sincerely,
Thomas and Jessica Moser
Thornas and fessica 0floser
5250 CR 342
silq co 8r6s2
msi essica368@smail.com
Aprin 25"2A22
Gnenn F[arhnanu Principal Planner
Garfield County ComrnuniQr Development Deparhnent
108 8e Street Suit€ 401
Gtrenwood Sprüngs" CO 81"60L
RE: Cornpleteness Review {MISA-03-22-8;88'4)
DearMr" Ílantrnann,
Ttre f'ollowflng are responses to the items as oudined in your review of our
MfinorSubdivision application. Supplernental materials to follow in subsequent
onder and hard copies are being be provided as well
The Title Cornnribrnent has been updated as of 3f29/22, which
includes infonnation on the cument lienholder.
Acapy of the current Perryman Subdivision Exemption Plat and
Resolution of Approval is provided.
Tïre plat has been updated to reference all encumbrances frorn the
updated title work If there is found üo be any further cornections
needed, we askthatthey be a conditlon of appnoval.
The title of the plat has been updated to reference that it is a re-
subdivision of the Perr¡rrnan Subdivision Exemption
The site ptan has been updated to cleanly indicate the locations of
the existingwell and cistern, and both are labeled.
One full size to scale copy of the plat and site plan is being provided
toyounoffice.
Specifrc responses to the standards contained in Article 7, Divisions
1,2,3"4 have been outlined-
Existing utilitíes are installed and operational as stated in response
to Art[cle 7-L06-Service confinnation letter from Holy Cross Energgr
äs provided-
Driveway compliance was evaluated by Garfield County Road and
Bridge, See response to Article 7-lO7 and related rnaterials.
Thene are no irrigation ditches or easements on the parcel as
mentüoned in response to Article 7-2tL. Platalso shows no ditches
orease¡nents.
Responses to Section 5-301(C) MinorSubdivision Review Criteria
are provided and refer to sections where addnessed-
1.
z.
3.
4.
5.
6.
7.
8"
9.
10.
1"L.
In addition to these requests, we have also included the following:
Further details in regards to a lienholder change to obtain lender
approval.
Information obtained from the Division of Water Resources in
regards to the waterwaiver request
We appreciate your time in reviewing these materials and hope that we have
completed each request to your satisfaction. Thankyou for your continued guidance
and patience with us through this process.
Sincerely
Thomas and fessica Moser
t2
13
COMMITMENT FOR TITLE INSURANCE
SCI{ÐDULE A
FileNo. 1712020-PL¿.T
l. Effeotive Date: March29,2022 at 7¡59 AM
2. Policy or Policies to be issued:
(a) ALTA o\ryNER POLICY (ALTA 6-n-a6)
Proposecl Insured:
3 The Estate or interest in thc land described orreferued to in the Commitment and covered herein is Fee Simple and
is at the effective date hereof vested in:
Thomas P. Moser and Jessica L. Moser
4. The land refeped to in this Commitment is situated in the County of Garfield, State of Colorado and
describecl as follows:
See Attached Exhibit "Arf
TITLE CHARGES
Informntional Commitment & Ptrt Revlew 167.00
COLINTERSIGNED:?. Bv"rwell
Authorized Officer or Agent
Valíd Only if Schedule B and Cover Are Attached
Amerioan Land Title Associatio¡r
Schedule A
(Rev'd 6-06)
Issuing Agent:
Commonwealth Title Company of Garfield County, Inc.
127 Hast 5th Sheet Rifle, CO 81650
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
FiIeNo. 17L2020-PLAT
1, Effective Date: March29,2022 at 7¡59 AM
2, Policy or Policies to be issued:
(a) ALTA oWNERPOLICY (ALTA 6-17-06)
Proposed Insured:
3 The Estate or interest in the land desoribed or referred to in the Commitment and coverçd herein is Fee Simple and
is at the effective date hereof vested in:
Thomas P. Moser and Jessica L. Moser
4. The land referred to in this Commitment is sitr¡ated in the County of Garfield, State of Colorado and
described as follows:
See Attached Exhibit itArr
TITLE CHARGES
Informational CommÍtment & PIat Review 16?.00
CO
"
attr¡,oto ?, Bu.rv¡+,lL
Authorized Officer or Agent
Valid Only if Schedule B and Cover Are Attached
American Land Title Association
Schedule A
(Rev'd 6-06)
Issuing Agent:
CommonwealthTitle Company of G¡rrfield County, Inc.
127 East 5th Street Rifle, CO 81650
File No. 1712020-PL^T
EXHIBIT ''AII
A paroel of land situate in the SE% of Section 10, Township I South, Range 92 West of the Sixth Principal Meridian,
County of Garfîeld, State of Colorado, the basis of bearing for this survey is a bearing of South 00o00'51" West between
the East Y+ comer of Section 10, a2,5" USGLO brass cap in plaoe, and the Southeast corner of Section 10, a 2.5" USGLO
brass cap in place and being more partioularly dcscribed as follows:
Commencing at the East V¿ oorner of said Section 10, a 2.5" USGLO brass cap in place; thence South 00o00'51"
.West
632.96 feet to a point on the Easterly line of the SE% of said Section 10, THE TRUE POINT OF BEGINNING; thencç
South 00o00'5 I " Úest along said Easterly line a distan ce of 685 .42 feet to the South 1/1 6 conret between said Section I 0
and Section 17, a 3Y+" aluminum cap LS No. 36572 in place; thence South 00000'51" West oontinuing along said
Easterly line 1318.38 feet to the South East comer of said Section I0, a2.5" USGLO brass cap in place; thence North
g9"56'44" West along the Southerly line of said SEt/+ a disfance of 348.71feet to a point on the centerline of County
Road No, 342; thençe departing said Southerþ line and along the centerline of said County Road 342 the following 4
courses:
i) North 00o13'25" East 176,15 feet
2) North 02"28'27" East 1116.87 feet
3) North 18o20'07" East 523.30 feet
4) Nor"th 32o17'09'East 254.03 feet to the Point of Beginning
Subject to a strip of la¡d 60 feet in width for the pupose of a right of way easement for County Road No, 342 situate in
the
-SE%
of Sectio¡ 10, Tow¡ship I South, Range 92 West of the Sixth Principal Me¡idian, County of Garfield, State of
Colorado. Said right of way easement being 30 feet to each side of the following described centerline.
Commencing at the Southeast comer of said Section 10, a 2.5" USGLO brass cap in place; thence North 89o56'44" West
345,71feet to a point on the Southerly line of the SE'/+ of said Section 10 and the centerline of County Roacl No. 342 as
constructed in piace, THB TRIIE POINT OF BEGINNING; thence along the centerline of said County Road 342 the
following 4 coursos:
l) North 00o13'25" East 176.15 feçt
2) North 02o28'27" East 1 I16.87 feet
3) North 18o20'07" East 523.30 feet
4iNorth 32"17,A9u qast254,03 feet to a point on the Basterly line of the SE% of said Section 10, the point of terminus,
whence the East Yo corner of said Section 10, a 2.5" USGLO brass cap in place bears North 00o00'51" East 632.96 feet,
side lincs to be lengthened or shortened to close with boundary lines.
Also known as
Parcel I
Perryman Subdivision ExemPtion
According to the plat thereof recorded February 18, 2009 as Reception No, 763386.
File No. 1712020-PLAT
SCIIEDULEB-SECTIONl
The Following are the requirements to be compliod 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, Uuless otherwise
noted, all doctrments must be recorded to the offïce of the Clerk and Recorder of the Cor.rnty in which said property is located.
l. The Proposed Insured must notify the Cornpany 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 malce a loan on the Land, The Company may then make additional Requirements or
Exceptions,
2. Pay the agteed amount for the estate or interest to be imu'ed.
3. Pay the premiums, fees, and charges for the Policy to the Compatry.
4. Documents satisfactory to the Company that convey the Title or cteate the Mortgage to be insured, orboth, must be propedy
authorized, executed, delivered, and recorded in the Public Records.
This is an informational only commitment and no policy will be issuecl hereunder.
5. Receipt of satisfactory Improvement Survey Plat certifîed to the Company (i) prepared from an on-the-gtourd inspectioriby a
registered land surveyor licensed in the State of Colorado; (ii) culrently dated, showing the location of the Property and all
imprcvements, ferrces, easemeuts, roads, rights-of-way and encroachmetrls or other matters identifiecl in Schedule B - Section 2 of
this Commitment, to t}re 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 desoription; and (iv) meeting the criteda of Colorado Revised Statute
3S-51-102(9), as amended, for an Improvement Survey Plat.
NM6
Amçrican Land Title Association Comrnitment
Schedulc B - Section I - Fonn 1004-5
DtscrosuREs
Colorado Division of lnsurance Regulation 8-1-2, Section 5, Paragraph F provides: "Whenever a title entity provides the closing and
settlement service that is ìn conjunction with the issuance of an owner's policy of title insulance, it shall update the title
commítment 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 compäny 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 lnsurance Company of Garfield County, lnc. conducts the closing of the insured
transaction and is responsible for recording thê 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 requÍred by Colorado Division of lnsurance Regulation 8-1-2,
Section 5, Paragraph G,
pursuant to Colorado Division of lnsurance Regulation 8-L-2, notice ís hereby given that affirmative mechanic's lien protectlon for
the prospective insured owner may be avaÍlable upon compliance with the following conditÎons:
A. The land descrÌbed 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 materiãlmen 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 Ínformation 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 lnsurance Regulatíon 8-L'2, Sectíon 5, Paragraph M.
pursuant to Colorado Division of lnsurance Regulation 8-L-3, notice is hereby given of the availability of a Closing Protection Letter
which may, upon request, be provided to certain parties to the transactÌon,
Pursuant to C.R,S, çtO-1"I-122, notice is hereby given that:
A) The subject real property may be located in a special taxíng distrìc| B) A Certificate of Taxes Due listing each taxing jurisdìction
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 Commlssioners, the County Clerk and Recorder, or the County Assessor;
and D) The company will not issue lts policy of policìes 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
lnsured has notified or instructed the company in writing to the contrary
C.R.S. 530-10-406 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. 510-1.1-123, notice is hereby given:
This notice applies to owner's poficy 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 În oil, gas, other minerals, or geothermal energy
in the property; and B) That such mineral estate mây include the rìght to enter and use the property w¡thout the surface owner's
permission,
lf the transaction includes a sale of the property and the price exceeds $t00,000.00, the seller must comply with the
dìsclosure/withholding provisions of C.R.S, $39-22-604.5 (Nonresident withholdine).
pursuant to C.R.S. 938-35-125(2), no person or entÌty 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 lnsurance Regulation 8-1-2, Section 5, Paragraph J, "Good Funds Law"
C.R.S. $39-14-L02 requires thât a real property Fansfer declaration accompany any conveyance document presented for
recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee ând Section
38-35-l0g (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address, (not necessarily the
same as the property address) be included on the face ofthe deed to be recorded.
File lYo. IV|2AâA
SCHEDT.ILE B. SECTIONS 2
,of nhe ,oompam5r:
Í. R.rights rorcfiaäms of pøntties rim pos*essirom nuott dhrom hy ffue hnblirc nemüds
2. Eæscmcmls. on cllarämts ,of,easermøtg moit sluowm þl tfre publläc nocouds.
pnemises w,ouftd disc[øse" nnd tq,lhia{h ffie mot dhowm hy tlb,e phllä,c noaords.
r,OgOrdS.
,cov,eued by dhis qomnmümuernt.
6.. Any and all trmp,arid t¡.Kes, assqs$!û.eûût$ a¡u¡l umr,edoemned úax sn]les.
"î " l{my [üm or charge om nccor¡mt of ihe rima{sisiom 'ofsulb¡joclt pnroperqz rin ran ämpxovcrn'emt d]isfinria{..
8. l\my aM a[[ watø rägnam,,cnai¡¡rs, {or úttfte ûo \$/,nter, w&adM rornot ffie umaütss ex(rytËd raue dhorwm lby dbe pùfti'c remnd"
9" Rüghn oFway (wlueúûer im foe or hy earsernemn) for C,oum6, Rnnd No' 342..
[5,[9[9 rim Book 112 at Page.]38.
ll. Rägllnúorfwayforditches,orcanalsc,omstut*ctdþrtlneauúmrìiSoftlne[.fnüf,edSûaf,es"asr,eservcdäm[-lmät'c'dSeatesPafamtrwordsdAtül30"
!929 ün Book l:l 2 at Pasc 60 I
[2. Eascmemt grantd üo {.ite E[octnic,i{ss*ocria[tio¡¡, lma", &e dxücit llocation of¡wlhrich üs not deffimsd, im furomemt recolded ûdohcr 2, [962 im
Book 3-14 at l"age 372.
[3. Easermeilt gråmtod fo Uimri[sd Sf&ra$,of ,AlrrErúan as de*crähd rim rinwtnr¡rnnent rcc,omdod F,eft,rur;uy 7. [963 rim Book 347 at Page I ì 0-
ü4.. Eaçg¡¡nent gram{d ro Lllmritod Saanos of Annerä,r¿ as d,c$$rihcd im i¡mfrw¡ucmt nocq¡rdnd.famnartrr [6" [964 im Book 355 at Prge 285.
Deed necordd .fmmuarlr n5, [974 im Book 454 at Pa.qe 1 ]7- amd amy arud a[[ rimücmc$s dh.eneim,or assägmmnemûs rhcrcofü
as E-essor and Snyrdcn Ori[ Cio{mpdÍty. es [,esstsee rraeroûìúed Ocftdber 2-1, [98[ rim Book -i84 at Paec I ló ann.d a¡xy âmd nffi ãnû,erest$ fÍnerein or
assigruuucmû* theircwf .
n?.. Tem¡s a¡¡fl co¡¡dífä,ous,r¡f 0í[ amd Gas ["case hy aud lbøsvoem Ri]by e[. Rqswd and Enffie 8. ß,ocond" aç [.,c$sor aud N{eriaf,äan Orin furc", as
[¡essoe" rerc'ordod N,{ffcln 2, [99CI im Book 773 at Page 75] amy olnd a[[ timt'eriËsts dlrcreñm,or assügmmemts drc¡rrof;.
[8. Eascn¡r,cnt nrnd rigþt of w,ay grð$tsd {o Sum Operamqg Lir¡¡änsd Fanümersfinäp as de*crihod üm Rìþht,oFWay /dgrcdr*crÊü ru¡co¡ded Fdbn¡ôqy [,
tr99! im Book 798 a1 Paue 159
(,oo¡¡tiruued)
Filetr{o. l?lz0?,ldl?L,ñf
SCHEDIJLE B. SECTION 2
,Al'lgust ! [,2003 im Book 1504 al Pase 457
20" Eæermcmt amd mig[nt of way gramted üø F¡Car¡a Orü & Gas rß.nS/\] [ma. as dc*sräba'd üm Roûd Easqn¡cnt a¡d Rlgfoft of IVay CnanÉ rooondsd
Ànryust [[,2003 rim Book 1504 at Fage 4'60'
2[- EaseÐûemt am,r rúght ofway gnmred ßo EmCn¡¡a Cøffieûäog SerwäCIes (([ISA.] [ma. as rdescrilbd rim F@lliime aod Rlght of Way Gralrt Íccû{d€d
OcMbcn3" 2003 üm Book 152é at Fage 306.
22. Twmg ,ooundühiorm nr¡d a[n ñea{teffi seü frorth üm Sr¡rfuoe nm<d Dammgre dgnssrûùeflrt ¡wtffi E¡¡Canø Oi[ & Ct'as ({.JSA} Irrc,. as ,evidørocd by
Meilloremdumursûold@d t{¡overmher l"l,zffi4 ri¡l tsook 1{i39 at Page 9O9
23.. Eas,emcnt amd räght of way gramûod eo E¡ñama 0il1 & Cds ([.tSA,ù lmc. ms descnibed üm Pipclrinc aod Rrþþt of \l/ay Gr¿mt rc€ordd October 17,
2005 im Book 1736 at Papc 2 ¡l 1
24. Ðasc¡u¡a¡¡t gramM ro ["n¡-amiic E¡rcrg/" [-LC as dcscräbod rim Right of Wary Agrocmemt nooodcd Jtuþ 3, 2006 ü$ Book I I I 6 at Page I 67-
25- "[erw a¡¡d,comditiom of fupeaqr tæa*e {grrormemr by amd hcßw;noem Fatuiiciia Fremn Pcmywam amd SG n¡nrcrest$ [, LTÐ rim i$stn¡m€mt
rwdcd ltprûÍ4,20CI8 as Receotion No 746416.
26.. Tarms a¡nd co¡*ditioms of(}orffic&d Cm¡!ry' Rcsolutäom No. 2009-05 reoondod "ûamroryr [4,2(W9 as Reception No. 761489.
22" Easarøerlts, rüghts of$/ry åmd ienll othtr mla{ú€rs driselossd om ühe plnl of &c Fanyuam Subd]û\,ä$äüm Ëxcmptuon ¡woldod February !8, 20ft] as
Roceplion No. 763386.
Z8- Rg*nøÉio¡l of alll oi|, gas and mhm mirruera1 mgfuh hy Palricia Ferm kmyman än S/orr,nnty Dæd umnded Ma¡ch 3,2W as Reception No.
764 tr 23 amd any amd aflfl assägrumcmm dnencof {otr änüerûsts ffi€rcirL
2g- Ðeod of Tnmt fr6gn Th6¡møs F" ilfiosq ôM J,essäee ]L. À{oser b ûfoe Fulbflric ltrusse of &rñeÍd Count¡r flor drc me of Corne¡stone Hoqne
[,€rndúmg; [nc., showüag aun @rigli!ûe[ amrmlrnt of $292,CI00.0CI, doüsd Fdbm¡e]' 22" 20[E md neqomdod Febmaly 27.20[8 as Reception No
9Ð3624.
T[e Owneds Fonricy of Iiitte hmnrmoe oou¡t¡mämod mor in ftib Csrm¡nim¡emn" if amy" sM[l aontaim, üm addi{iom to ûÍrc [ú€ms set ford¡ in Schedu[e B -
Soctiion 2, tllne foilowiuqg items:
([] fiDa Dod of Trust, if amy, rurylled uñ Sahsdull€ ts - Sætäom ü" (2] {-fmpatcuatod rmämit¡g cnaimq rcservati,ms or exocptions in patmts or in
ilcûs aü&oniuøg fte rissn¡aCIoe dlerwf. (3) any amd n[Í ur¡pnrid tuxes, a$süssmß amd a¡medoemed tax smles.
NOTE: The po[ícy (s] of ämmmoe nmny,sooMih¡ a ,clla¡¡se pcrmriüriog aû{briMafüm of anøúr¡¡s at ffie roryne$ of eriúrcn &e f¡lsnüed c¡r thc Compomy-
{tpoû ¡s$¡asû, trc CrymV wi[[ povädc a oopy of this ahunrc amd ülrc aoeorryamyimg ebiüatliom ndlcs prim to ffie clorimg of ttrc ransactim.
¡*s¡{s¡6 [ ¡nd ïitle Assoai¿üñrom C-ormrßä[uùc!ú
SchedultaB-Soctúom2
F¡¡rm 1004-[2
COMMONWEÄLTH TITLE COMPANY PRIVACY POLICY
We Are Committed to Safeguarding Customer Information
ln order to better ser"ve your needs now and in the future, \rye may aslc you to provide us with cefiain information. We understand that
you may be concerned about what we will do with such information - particularly auy personal or financíal information. TVe agree
fhat you have a right to know how we will utilize the personal information you provide to us. Therefore, we hâve adopted this Privacy
Policy to govem the use and handling of your personal information.
ApplicabilÍty
This Privacy Policy govsrns ouï use of the information which you provide to us, It does not govem the manner in which we tnay use
information we have obtained from arry other sorrçe, such as information obtained fi'om 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 infotmation that wemay collect include:
' Infonnation we receive from you on applications, forms and in other communications to us, whelher in writing, in person,
by teleplrone or any other mears.
' Information about your hansactions with us, our affiliated companies, or others; and
t Information we receive from a consumer reporting agency.
Use of Information
'We req¡est information from you for our own legitimafe business purposes and not for the benefït of arry nonaffrliated party'
Therefóre, we will not release yorn information to nonaffïliated parties excepil (1) as necessary fot us to provide the prodrrct or
sorvice you have requosted of us; or (2) as permitted by law. We may, however', store such infonnation inclefinitely, including the
period after which any customer relationship has ceased. Such information may be used for any internal prrpose, 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
morç of our affrliated companies. Such afflrliated companies include fînanoial ssrvice providers, such as tille insurers, property and
casuaþ insurers, and tnrsi and investmcnt advisory companies, or companies involved in real estate sewices, snch as appraisal
companies, lrome warranty companies, arul escroïv companies. Fufthermore, \ile may nlso provide all thc information we collect, as
dcsci.ibed above to companies that perfotm marketing se¡vices on orú behalf, on behalf of our affiliated companiesn or to other
fiuancial institutions with whom we or our affiliatcd companies have joint marketing âgreem€nts.
Former Customers
Even if you are no longer our customer, our Ptivacy Policy will continue to apply to yorr.
Confidenfiality and Security
We will use our besf efforfs to ensule that no unauthorized parties have access to atry of your information, We restrict access to
nonpublic personal infonnation about you to those individuals and çntities who need to know that information to provide producls or
services tc yon. We will use our best efforts to train and oversee oul ernployees and agents to ensure that your information will be
handled responsibly and in accordance with this Privacy Policy. We cur:rently maintain physical, electronic ônd procedural safeguards
that comply with federal regulations to guard your nonpublic personal information.
n ¡} ïJsfl*il+H}"flùr'Hl'liltll|rlltltrütr11flJll'tlllll
U {+ î''"1"'.'*ZIPå¿13i?ir6to"i"¡1"?t8o'âÈî.',-o c'uNry c0
P¿nr : ?e n Wñ N Su B tç, FTuü
aru &j?ilß r*,nftnlrÐAr/
l;¡¿A¿r *Slo, å9/R q2\^/
t a&r1 D N
"
âu'tl ú ánrçlååD
*/,8/û
Pf
I¡
lIaaFerI
I
Þrnwr¿.¡
I 7 A I
PERRYMAN SrÆDIVTSION EXEMPTIONA Potcel of Iand &udÊ in SecÉíon 1O, Tounshþ I Souf\ Range 92 Wes't oft?e 6th hincþal Merídín4trffi Countg of Ga.rrtelL Stúeof Colnmdoftffiyw{w"4ñø1tutu8¡@ww,4G'þte@wúæûdffi4*&z¡o¡_de,Mlßa^wDñwwÆ5WøÆWtrffi@*æffidffi4¿ry¡¡M!e@rbLffi@4æWMtffi@artwñMñ&wM@ffi3-W@@hræ¿,@W!Æ,DtrM,',¡@ñstzNæÆt1Meæ¡kææmffiffis@14¡E@NWtMß¡&MW,@Ñffi Fy.ædøei14¡slE'ns*tæ&würTsærÆdÉ@@úE@reßøiæëo.Meæ@r¡..ffiù-^ù¿.-¡¡Mù6ßffi@@æ@Æ e@ffirû¡¿t8,Ææt@ffiffi s3/r^@ø!qzfæesþæM¡J FærÈ¡ra4 wttú@4 ûffiWø4 4MWNþfuffiG@D¡eÐSæeæ4*À'eÈÆÉ¡ffi@reÃ*ærúry. úø¿ tøaø.æ@Mrwtræ@¿@@e@ñùw *æÈdr4ruos5ãa¡rwæMffi¡MMffiY oNÉWQffiæRæ€êÞ@@ffi/dreM*þGRAFEIC SC"A¡,Dimhj#:-=ílûlE)¡ÐK-¡gM td-*¿w^ ìñû ffi w Nß w.4ffiv¡4 ,gwa@ ¿M9 ErdMffiMeWMd@fffd@ruÆùÐøryryEffi¡/rèat4ÉeffiMr',æÆ(ß'@tÆl'l¡Æw*¡gqr4E@@AE4Æ@ffiWmÞrûsEúë4ã6ÆMæ&ffi{@E@ffiÐÆ¡@wffiÆÐil@4Éuü!4¡r!ææS$ffie@eMffi¿T'@W5ÑMø@,øÑffiæÆEffiæ¡ãÆæwæm@trffi&wæc.¡ætuà1/tâtu54tO9:@s7/+tu44MRaadNo,342MffiÆt/<Mæ@wtúat&M&NM4ffiæ5!{úSææ^w:4@@øwrÆ'ÆMf'4tw6eræññe@il&wewfw@tøæ*ñæwwffi04t øñlffiøæw*øffiæ&*Mw@*@wee*6M@æffiÞDF*'*4[qtffi*@tuØDMñMD@M@4r@qñææ@E¿@¿øq6ôeMffitwMuß'æ'æ@.,'@ry@ffiú,ÈÐw¡¡pgesd!æffi,to, uú üM @Mþ *d8¡ffi rsðrr@w4øOAMre@@&4¡@.u,æe¡Ew¡md-*affimæadJ€gte0M@M@reøÞ?Æñe'e@ßMWses!@@æ!@tu*rktu@¡ÞlE@g@qGI røMttt6rø4 dæwc@a /gmts4æÞ1la,@'ffruÌEs'ÁøÆffiÆ¡¡qeEa&'!@.Þ¡j#cÆóÆuEæffÆo¡ú,t{pgwËæørÞalr¡tur*llaøgæi¡4D@!æ8effiæÀ@æ4w*EúWWW,gryltrgeÞeæ.þg4æffiù*wMI,ffiùW&@Ußû*Eq.d@ffi,!!!li!¡!|l!@æ.¡¡@æl'lt!l¡tl'¡''@¡e@w@4w@tJ ñtã144@,t @tulÐ@Û f¡tæ¡.'æewfMæekçewßæ@a@MÆÆryyrw4@&¿e¡4¡ã¡Mw*ú,øÙÆtuwt!@.¡Æ&'lGFa¡¡ffid@þæ!wM@sætã4Ëm{F5@ææa¡G!,Æwdw¡o&ffißartÈMweæüæúßffiE4tr@¡Ðryf @*w[RdÉwffirrææ@æ@4,ryñwMturaEw8wøa1,iwM@eû*ñ.nBaedôdñEæddEæ4ær,aÐdeÊùw$@@@úMWæ@@øúffirÆ{ mffit@s¡d¿rywxMWtu*¿xñM1.*@ÇwñÈffiMûÆÆWW,@dffiÆpE@ØffiEdþffiWññewññs]4wa6@w'ruuMúÆ*ffi&æ.&ryWSîWæWffiFs@ì1.þ¿4{@Jr!_@wEs1/1.Mtu*a8r9sh&&rú'þtl14tuBÆ1O,rI+atuEq)Ét^ñA eda:Eææ6;'-64 ó,zf(@Þ@6tu"#rÈ-s$Wàd-n'AEÀ¿&dJBFñeãcksÐt1F@to.ffi6cEUu2Içıa=û=fGÈuGJupY)).
Illi If{ rJ I Hm¡ilrllllu I
Ern"n\tæl'a Íf,'.iåul'ì of 6 Rac Fodr$ø.øo Þoo
I frll'llL l't'llll rI llJl I frJlTÍ Il ll I
'Ëål Bl8ã'¿fiÊFrELo couNTY oo
STATBOFCOLORADO )
)ss
County of Garfield )
AtarsgularrneetingofthoBoardofCorrnty Commisstonnnsfor GarfieldCouuty, Coforadq
hetdínthe Conmissioneifúeetingnoom,CmfieldCountyCoruthousa, inGlenwoodSpdngpou
Monrtan the # day of Janr¡ary A'D' 20()9, thctp were presail:
JoûnM¿r-tin,--.- .. ,, ,' .'. -*
Commissioær Chairman
ConmissionÊr
Commissionø
As$istut Counf AttornøYDúorah.$,ui{ß . , , " --'
Marían.CjgvbqforJg+lbsrice . .'Cler* of tlro Board
Et Cornúy Mnnoget
wtren the foilowing procctdi1gp, amoUg othern wttæ hnd and donç, to-wÍt:
RßSOLImOÑIN0.20 09-0 5
ARF,STLYIION CONCENNAD WITSIED ÄTPROVAL OF AN EXMMPTTON FORA'- -îARCEI
Or I,AI{D OttNEL SY PAIBTCIå, PñRRYM.åN AND LOCATTIT ON
COUNTY ROAII 342, GAAFTBLT} COUFTTY
PÁRCEL NO# 21'5- TOT 4LAO7
RßÛT&
A. Th€BoflrdofCormtyCormÌssionersofffieldCoutrty,Cololûd9:rwoivedarrquestfor
en ExonptÍon *o* dúOi"isíon R,cgut*ion to allorry for the srention of a l2'53.acr€ parccl and a
remaínder parcel of 242'l?+ctss.
B. îlû2jj.ts.sfiËpañet¡slocsþdinSætion f0, Tou'nshipS SoübRsnge$2Wcstofthe
e* p.t¿-*J irrtno *o*itrr¿ "*
beif,g lfi) tut norü, ofthe Mesa Cornty Linc on CR 342 12 miles
sor¡th of the Town of Sílt.
C, Tte subjccÊ propcrty is coiltûitrçd ïyithin ttË AgtictiltÍat RÉsidçûtial Rrral Density
(AlRlRDi zonç dig¡rict ilã-*Jt a*n$i*parccts wilt compty with the zone dísnict standåfds'
D. The Bos$disüfüoriuÊdtoEf¡tsvc,denyorappovewithcordÍtionsanËxemptionfrom
the Deffrition of Subdivision pu,*r¡åst to Seotio' 8rfü of lhÕ zoniqg Resoh¡tion of 1978' as
nmemded.
I
bsìtL
I lll tlT'J fi ll'ilF¡ ll¡l¡ll1'¡ llll ¡f llrl ¡!' I lbll'lu l'rltll' ltÏt Il ll I
RecdottonË: 7fjL48f|
';'#d L'ïZZ P3;13¿18/B*'F3!, â I Bã'åfi FF r ELD couNry co
A. The forgoing Reaitals ue incoporated by tlus rcfcrçncc as part of the rcsoh¡tion.
B. Thc Subdivision Bxe,mption of tho 255.15'qc¡e parcel creating two se'parate-parcels was
calseA Uy .pr,uve"tion ofjoim usot ûue to üe Corlrty Road stpø¡*ing the 12.53'scre parcel
from the rcmaini"e Za2. t Z-aqe. Thç SubdivÍsion Hrønption ofÍtre Fqry¡mur Pffiel locfltÊd
on CR 342, soutË of thc Town of Silt, ffielil Comty is hrreby qPpmved subject to
compliurco with the fottowing condítíons:
E TfF Boflfd of Corrnty Co,mmíssiorers op€,n€d a public heuing on thejü day of January,
ZOOS upon fu Wætion of\úthø the abovedeffiibod Exçmptiqr Wlication should be grantËd or
ffii.AÑrguiüichhcüfngürcpr¡bticandinÈ,restedpemonsweregivemtheopportmityÛoërçprçss
their opinions Fgnrding the amsridmerü.
S. ThcBoüìd ofCo*ty CommissionersclosÉdthspublichedngonthc 5üdayofJanuary,
2009 to mako afinal dacÍsion
It ThcBoa¡,donthcbn¡isofsubstartialcompc{eirtcvifuroepnuduccdntfre¡forcmenrtioned
lrcaring, hns madc fte followingdstçrmhdion$of fus[
L proper postitrg and publio nstics werc provided as reguirud for the meening bcfors thp
Soåtd of CorntY Commissíonçrs'
. 2. Ttrc neøting before tbe Boud oJCounty Comrnissiqn€rs rvas âde,l$ivç and complotc,
thd all prnio*t n"tr, rnauers rind issûÊ$ rïç¡e srúmittcd ffid thåt all inûe,tçsted parti€s
wert heord d thd mceting,
3. Thc above shtçd md othÊr r€iasons' lhc prupowd Exeinption bas been dcte*mined to be
in ftE beüt intffist of fte h€alth, safE*¡ mo¡al$, sonvffmi€ncc, ordetr, prosperiry aud
welfr¡e afthc citiæns uf Ga¡ñeld Coutty'
4. Theapplicatiouh¡smctthe ofExe,mgionfiomsubilivision(Sec'tiou8;ffi)
of the Garficld cor¡nty zoníns Rßsotutiolt of 1978, as amendBd.
RESO"pUTIp,N
NOïyT.IIDREFORT,, BE IT RE$ttlLltrED by{lG Boardof countycornmissionersof Garfield
County, Colorado, thãt:
2
llll il rJliilTlfiltlllllllll rll 1 Jl lú rlrll lTlll "fllln' rfn l r r I
ä'"å?"'?åÉff iå ;{f¿1.31ÍB ""' ¡ å!, ã I Bå' ååff ,, EL D c .uN Ty Ço
1. That atl represontations m¡dc by fte Applicmts in thû appJication and as tesimony io tlrc
p"Ulio U*iiog before the Planníng CornrnissÍon urd Bcmd of County Coumissioners $hnll
'tté*n¿itionJofappmval,rmlessryeoificallyalgçdbyüreBosdofCountyCommissíonc,r$.
l. The ^åpplicmt shall submÍt m øremption pld within 180 døys of ap'proval of the
Exemffon from Srùdivision nqtüdiüs compliant with $tdo StafiúÇ uil County
Rogrilatione. Notramsforofthepropsrtycrirsuarrccofbuildirypffmihmayoccruuntil
,rr"h t¡ne as thç Boorrd of Corrny ComlssionËrs ryves md sigUs the wemption plat
and ttre plat is ¡ecorded wÍft tbË cowty clsd( md Recorder.
Z. Theør*mptionp}atchållincludedesoripionofariglrt+T-urryqrymentovgthÊÊxÍst¡ry
Cor¡nty Rsad encompøssíng ar uea of 30 fsot ûom eaph sidc of the cerrt*rrline, rlongthe
tsngth oftheParccl.
3. ThcanplicantshflFÐvidcamapandinvtntoryofCountylistednoxiousw-eedsonlhe
lZ.S3 açre parael *A p.oiO" i une¿ sEDâgËrcú pkn to ûdakñss any Ín'¡entoded
noxious weeds. fnis plan shall be rcvieryçd and dd€nnined ¡ufficiørtt by Crarfield
CountyVegetationtrtüi¡gcffi€ntpriottoüeexennpíonplatboirysiencdbythe Boardof
County Comrnissioncrs.
4. The fuplicmt shf,tl i¡ctude fuc foltowÍrg t+xt as p}nt notes on the final exe'uption plú:
i,. Contrvl of noxiourweedÍ ís the re.spowihilþ ottho property ottttèt,
b. tæe (l) fugwíll be attawedfor eøchrusíd*ttial rnítwithin ø wbdívisìon øemptìon
MA üe do7 slnll he reqalnd to be cotfined within the otwer's property bottndwies.
G. No openhøæth soltd-fuetfituplaces wìll be allowed o¡Whe¡ewlthìn an examptlon,
ùw-(I) new sglfd-fuel brrnÍrg slove sv dsfredbyÇ'À,'$, 2Í'7401, et. seq., ûvdtlv
oprrtúio* pronulgqte¿I tlwmmfu, wíIt be oltowed ín ary dwelling unit ÅlI
dıegiW wils wtlt le altøw eÅ øn t*restricted numhvr oføtwal gas brn W rfove$
ødrypllarctes.
d. Åll wterior líShtiry stwll be tlp ttìt¡ùt¡utn ørlør*rtnecewary ætd tlßt all exterlor
figftlngbs ¿tuttø ¡*rø¿wddovmæd, twmds the imøtor of tIrc suMìvßion
otd¡on reept tlwr provtsíorx rrwy fu ffi to allowtor sSety líútìngthû goos
be¡nnd the PaPertY hotmdsles
e. Colorado is a "Ríght-to-Fwm" State purstrætt ro C.R,S. i5*3-101, et søq.
I-frdmilßrs, rest¡teñs andvr.îltoru tfl¡$f be prepwed to accept the actffitles, slghts,
sowtds añ snelts oÍGüfield C@nÐ's agioulturøl o¡xralíont a8 ø rtÐnrcl tú
nsces{W osryct of l¡r¡6 ¡n a Cowty wíth o $rong rural chmacter ød ø healtlty
3
ril üt ïr,ntffi I Ëïlül¡ llñt I ¡fl îilfl I 1,1 ilil,Tllt¡ r¡ lfll' I I ll I
Receptlon$: 767449
ø1t1412øø9 Ø8:4å:35 AM Jcan Êlbarioo4 ol 6 R6o Fee:99.0Ø Doo Fss:0,0Ø GÊBFIELD C0UNTY CO
runchíngseetot. ITæsewitholr.whanÍew¡tiv¡lyrrìãrrrycetwswhaclivùtles, síghts,
sounds md smetls otþ as itgonvsrrtetæs, E &sofe, noße qtd odor' However' S'tata
Imt øndCøt*ttyptqpry¡detWrwwhtttg,fttnìagorotlwragriaituralsçttvùtles
and operatiotxitthin Owfrçld Corauy sholl not be consideted to be ntßances so
long øt operatçd þt co$wmærce wlth lte lw ønd in a non+æglìgott ,rcmner.
'äire¡ore, øll must fu prepared Îa øtwormter roir€.r, odor, lìghts, mtd ùtst' \tutk9
chsmrcøk, t¡whûwy ot; Whlfc Ms, Itvestock on public rmds, ftorßgg ünd-Anltryfú
of matwe,'øø tt? @tffitun hy sprøytnr or otfuwße of chenícal
¡rrtftUto,- roil anenúnsttts, WrA¡A*s, aud Peúicífus, øry o'tt !7 n?ro dwhì'ch
'rrroy iø*Aþ acsw or a put of ø legdt ønd wn-mglígent agrløtlfinal operallons-
Í ,4ll ownss a{lañ, uÌlßthsr tmth or rssldswe, lwve obligøfiofis wdst Sitate las'" and Cautll regulætotu wtth regudto ttP nnfuitena¡we úfc¡wes md l'trìgatlon
d¡tchet, cot*olt*ryweeds, fuepinglìvø*tockmdpets w&.r corttRol, wìngproperty
In aæordonce with zoning æd otlw aqrccts of using ønd nqttttûin¡ng Propçrly.
Resldänß md landownrr ne ewntaged to tewn sbttú these ríghts and
ìutW*tut¡t¡o orA *t a¡ 8d neígltborr ønd citirøs oI the Cotmfy^' 4-g*¿
inrrodwtory sowce pr swtl*¡ormæion ß "Á Guìde to funal Ltvìng & Small Scale
,egrtúwþ pri orã Wrtn eilordostate llnlversity Eßewlonafice in&øfreld
. ComtY.
g. Adfuessøs sre to be pottedwlwe tIæ fufuewøy intetyeytt tIæ Conty road. Letterc
ffe to be a mínfuíun of 4 irrctut irt rw¡ght, lz inch t*wíúh otd conttscts with
høclcgrowúcolor.
h. Drivewayt slnuldhø csnrttwtdto rccotffie th*welghts wrdttrningradfus of
. êrnergqtÊrt 6pw4ttts ín adrërilewsûfu c.jotditlo¡t
L Cowbwtftle nrr¡tertalt thudd bs thimødfom wotmd slruchf:et so øs to prwÏdø ø
fufewtble ËWae ìntha wentofawíldlandfire; wtd
¡. ,,T'he mþßrûl ñglß øswclæsdwîth thìs property wtlt rtot he tran{enedwrth tlu" xrÍacc estøe tlãruforc ølløwingthepotentlølfor raturølreso*ce ffirrctlononthe
property hy the mþsral esffie wnw(s) ar lossae(s)"'
5, Prior to the sigdug of the plsf fhs Äpptimnt shnll pruvide the foltowíng information
rsggding Provisíon of wa¡er
å. A foru (4) horn punp tE$ bs päfum€d on fu well;
b. À ouU *amUãiü iWo* Onniorsñnine the &pü of ths w€ll, thË chsrnctsristics of
the aquifer atf *ro stüio naÛe'r Ist/cl for tho well;
ç. Thç æsu¡ts oflhc fpit|r (4) horn pmp test indicsting the puqphg rate in gallons per
4
rilt Ft' JrJfl r'$ tEil ItlU' il ril u ilI T l¡iullHl'gIlftfi I I tl I
Reoeotionfl: 76L489
ø11141?øøg Ø8:43r36 Êll J6sn nlbarlco5 of 6 Bec F6É:$ø.0ø Doo Fae;Ø.ØØ GÊRFIELD couNTY co
çxçmptioûpld,
{l'
tn¡r 13 dayof
û-l-t"ru^r*¿
ofüe Boffid
IJpon motion drrly nnde and sÊcotrdcal tho
fullowittg vuæ:
STATE OF COI.ORADO
Countyof Garfiold
minrúe æd infurmatÍø sbfil,ing d¡audown nnd mcfrarge for tùe well;
al. À *m"" opldon of the pcrsoñ ooøusúng ths well tËst thåt the well shpuld be
adequate to srypty watefto thÊ nrrmber ofproposod lor;
e. ¿",ilt *pnoiäf *u"r*g* ofm less tbån 35 people per drreiling unit, using 100
gallons of lrrdr Pç¡ Pcruoe Pfi da$
f, ffre w*crE ålitysffilbetßsûcdþmindepcndentlostinglaborflforyandmcstStafÊ
guidoliru *one*ioe bûfited¿ üd dEafßs for both wclls;
6, The pnoperty is locdoal in úe RE-Z School Disüiot Ar rush, the Appticant $hall b€
t*q,rit*o to'p"y g¿oo for Parcet e Th¡s f€ç úsll be pord prior Ûo approrml of fhe
A-D.20q1-.
BOÁRN OF
GARFIBI,DCOIINTY,
by the
Aye
Ayc
Ayc
T _ _- _______.- Courty Clcnk and enr-officio Clerk of úe Board of
Couoty Sureafwesan¿,&hÊrcfuyc€rtifylhstüeamCIrcd
*¿r"fuerl"gn*"fod"i*tulycopiedû'omtheRecordsof$eP¡oceedingoffteBoæúof0owtty
ConuniÃioncrs for said G¿rñetd Üounty' now in my offir'ç'
)
)ss
)
5
wa¡l
SEAT
I I ll ltltJ t llllf ¡il[¡fttiqf$ ill? l{'T [r f [$'ñlIl r{Ä I I lr I
ät¿i'-?lß'íf ?å¿lf#.i"Jr""'Ë3â,â18Ë'åñfi ,'ELDcouNf vc0
N WITNFÄ$ WHERBOR I brvc hørermto set my hand anit ätrxcd th seal of sa¡d County'
atGtc,lnrmo¡1$FÍn[e,tbis-dnyof ,, . ', 4'Þ'20-*'
Co¡nty Clerlk md sx-officio Ctcrk of the Boild of County Commissioners
6
Final PlatMINOR SUBDTVTSION OFPERRYMAN BXEMPTIONA Re-s'¡bdiaision of the Petryman fubdixisían Exemptioh Recaptíon No. 7æ386A ParælafLutd,Stuare'intlre SE1/4 of Section 1A,Toumshþ 8 tuut]¡, Range 92 We-stoftlÊ 6thP.M.Courtg of GatrteLd, State of Colnroda¡@a4s¡ItrFtrt--t_2gwEg.Èeæ!@.@,w,wNawÆMwq&i¡l,s@wùer@ffiglß@PsCm&qß'i@Ð4.rs,t.JÆø,s4@.,#lo4EÙtñw)-.s{Wcinfu MapSeaJe: 1"=2OOO'ffi@¡ÞØ*mæÄ8@SÆ*sm ñffi@úßdwM*øüu4@ÆMú@4Ærú@æMEæowweffiffiM$lMÍÆSsMWpsmffiætrãrud¡@#EEd¡Mffi14..t@ñ@Ðtuq@rFrr$¡ ¡æ ffi GB#&¡4(¡lææmd^¡ref¡@sae,M.lffidl¡1@@útuñ,æÊffiB*wú@MtæÉ.ãø@øtú! ]loa¿l{ô-@,¡A'r&iliiw offiffiffiat,Æ¿mF!el@Æbq4æMewffi@tu-@wwÆ4N,¿wÆû4@'@Æ8W.@oM|æN#$aM{ffÀaLdrt4$*{';IIJIsqm684ræÈô18+=o<9r9òSfi::2a<H:5tsTo9ziôÈ9ñ>xE1Ø=ëÉ!fr¿L
SITE PLANPørcel 7 Perryman Sûdiuísion ExemptionSituatein Sectíon 7O, Towr*hip I Sautlt Rønge 92 West, 6thP.M.CounÍg af Garfield, State of ColoradoC%r4J Ræã ¡fo-!@æ3@FEItrF--_¿ESElgCC9gelE{æ¿P&ry*ao,ì@nl@wþøNW ì4n8ÆWN.9, ñ¡9æ.¡J#Èætrw*dÆbttMWæ!,&@søø@ÆMtJffi#Ðlsæ4æM9@OñæødÆ@¡&d¡&æø#@MPMNPÃS¡SffiÞ@94, ] WM eM W æ tuæ oMffi. M ñ6,ê W W&îæWWæ@@ectffirqÆ*msREvæs*îMzJù4tøÉ8$!Þ<E-âv.?ueqtssqlOFIPnËd þ1tø28.U
Project: Minor Subdivision of Perryman Exemption (MISA-03-22-88841
Owner/Applicant: Thomas and Jessica Moser
Property Addressr 5250 CR342, Silt, CO 87652
Garfield County Land Use and Development Code
Article 7: Standards
.:.'vJtlL,iolur qsrRlcr usE REGutATloNs ' i i '. " :
This property is zoned as rural and complies with zoning as set forth in Article 3 of the LUDC. The
property will continue to be used as a rural residential property, and no expansion or change of this use
is sought as a result of this application.
z-Lo!,:coMÞREl{EN$tvE prAN AND TNTERG9VERNTMENTALACREFMEÑTS' ¡
This land use application is in general conformance with the Garfield County Comprehensive Plan, as no
changes in use are requested, and there are no intergovernmental agreernents that apply to this
property.
7.!.03;:CöMPATIBILIW : i
This request is cornpatible with the surroundíng properties, and the nature, scale and intensity of
cument uses are compatible with adjacent land uses.
rz.ró¿; ioÚRcE oFwÀTER : ,
.
Applicants are requesting a waÏver from this section, as outlined în LUDC Section 4-LLB, and have
provided separate documentation in this regard. Applicants are currently usîng a well that has been
permitted for the ent¡re Property to serve the single-family residence on the propefty, and the
agricultural employee-housing unit is using a cistern and hauled water. A water supply plan, which
includes information on legal water (well permit, purnp test and water quality testing on existing well);
source of water to be hauled (cistern înformation and will-serve letters from water providers); and
waiver request of the standards as outlined in Section 4-tIB, have been submitted as part of the
application materials, A Water Suppty Plan has been submitted as follows:
A, lnformation on well permit: well permit number 279089, well construction and test report,
pump installation test report, Aqua-Tec Systems 4 hour pump test report dated 4/26/?018,
water quality testing laboratory results; and
B. Waiver request from LUDC Section 7-LO4; water cîstern make, model and location; will-serve
letters from bulk water províders,
7.I.05. CENTßAT WATER DISJRIBUTION AND WASTEWATER SYSTEMS '
The land use is served by a water dístribution system that is adequate to serve the two parcels and the
two existing residences, A Wastewater Management Plan has been submitted as follows: OWTS permits
for both residences, along with an inspection letter dated February 9,2022 from Down Valley Septic &
Drain, lnc. to show that the ISDS system on the single-family residence is adequate/functioning.
7 -LO6.,PUBLlC UTil.tTt ES
There are adequate, existing public utilities that are serving the property. Utilities are compliant with
LUDC 7-106(C), and no new utilities are being installed that will require any new construction or utility
easements to be obtained. Service confirmatîon letter for both residences from Holy Cross Electrîc is
subrnitted herewith.
DIVISION 1¡ GENERAL APPROVAL STANDARDS
7-LO7.ACCEsS AND ROADWAYS i
Driveway permits issued and înspected by the County for both residences have been submîtted as part
of this application, The access driveways have recently been re-examined by Dale Stephens from the
Garfield County Road and Bridge Department in Rifle; see correspondence and photographs herewith to
demonstrate the following for each access:
Proposed Lot 1 (5250 CR 342) has a driveway designed to provide for adequate and safe access, which
was found to meet all standards of the Garfield County Road and Bridge Department as it has a 90
degree intersection with the County Road and 3 % maximum grade for first 30 feet; has 4" thick hot
asphalt apron of 30X1.0 feet; maintains 300 feet visibility ln both directions; has a corrugated steei
culvert for the road ditch; and driveway runoff does not reach the County Road.
Proposed Lot 2 {5380 CR 342) has a driveway, which meets the standards of a 90 degree intersection
with the County Road and 3 % maxirnum grade for first 30 feet; and maintains 300 feet visibility in both
dîrections; but it will require a concrete or asphalt apron measuring 30x10 feet and replacement of the
current culvert with a steel pipe, while ensuring runoff does not reach the County Road,
Applicants request irnprovements be a condition of the minor subdivision approval, as this driveway is in
compliance with the current permit as a secondary access and proposed improvements wiil take some
time/schedulÌng to complete. Upon completion both driveways will provide for adequate and safe
access and meet all requirements in this subsection as follows:
A. Access to Public Right of Way- Legal and physical access to County Road 342.
B. Safe Access- Access to and from the residences, safe and in conformance with any applicable
access regulations. No improvernents to the County Road are warranted by this application,
C. Adequate CapacÍty- Access serving the lots with the capacity to efficiently and safely service the
two residences, and no traffic congestion or unsafe traffic conditions or impacts will be caused.
D. Road Dedications- There are no rights-of-way that are being proposed as a part of this
application and thus no road dedications are necessary.
E, lmpacts Mitigated- No hauling, truck traffic or equipment is conternplated, as these are
residential lots.
F. Driveways to meet all design standards as set forth in this section, rnost of which do not apply.
7-108. USE OF TAND SUBJECT TO NATURAT HAZARDS
Surveyor Bool<cliff Survey has confirmed that there are no identified hazards on this property such as
falling rock, landslides, snow slides, mud flows, radiation, flooding or high water tables that need to be
addressed.
7-109. FIRE PROTECTION
Adequate fire protection is provided on this property and applicants are not aware of any issues in this
regard.
7.zul.. AG RICU LTU RAL TAN DS
There are no agricultural operatlons that will be adversely affected by this application. Domestic anirnal
controls, fences, and roads are in cornpliance, There äre no irrigation d¡tches on the property.
DIVISION 2: GENERAL RESOURCE PROTECTION STANDARDS
7.2O2. I'I/I tDtI FE HABITAT AREAS
Upon information and belief there are no wildlife habitat areas impacted by this applicatlon.
7.2Og, PROTECTION OF WATERBODIES
No waterbodies are in the vÎcinity of this property,
7:2O4, DRAINAGE AND EROSION
No drainage or eros¡on issues will result frorn any disturbances as no construction is conternplated.
7-2Oil.ENVTRONMENTAL CIUAIITY :
This minor subdivision will not result in any air or wäter quality issues.
7.206. W¡IDFIRE HAZARDS .
::
This property is not within the area subject to wildlife hazards as identified on the County Wildfire
Susceptibility lndex Map.
7 ^2O7, NATURAT AN D GEOTOGIC HAZARDS
This property is not located in any Hazard Areas, and there will be no further development that will
implicate any of the subsections within this standard, : :
7.208, RÊCIAMATION
This section is not applicable, as this application does not fall under any of the activities listed.
T.SOI., COM PATI BtE DESICN
This section does not apply as both residences are single-famÌly dwelling units and exempt from this
section.
7 -3O2. O FF-STRE ET PARKI N G AN D LOADI TTI E STNN ONR DS
This section does not apply as both residences are single-family dwelling unÎts and exempt from this
section,
.7 -?OS. tAN PSCAPI NG STAN DARDS
Thîs section does not apply as both residences are single-farnily dwelling units and exempt from this
section,
7 -gO4. LIGFIT¡NG STAN DARDS
All exterior lighting meets this section.
7.305. SNOW STORAGE STANDARDS
This section does not apply, as both residences are single-family dwelling units without a cornmon
outdoor parking area and exempt from this section.
7.306. TRAIT AND WALKWAY STANDARDS
This section does not apply as both residences äre single-famf ly dwelling units and exempt from this
section.
7.4OT GENERAT SUBDIì/ISION STANDARDS
There will only be two lots in this minor subdivision, one lot being over 8 acres and the other over 4
ãcres. There are no common facilities, any domestic pets will be kept on each lot, no new fireplaces will
be installed, and this property is not within the floodplain.
7-407 SUBDIVISION LOTS
Each lot as platted conforms with the Code and requirements set forth in subsections A-0,
DIVISION 3. SITE PLANNING AND DEVELOPMENT STANDARDS
DIVISION 4. SUBDIVIS¡ON STANDARDS AND DËSIGN SPECIFICATIONS.
7.403 SURVEY MONUMENTS
Lots wlll comply with the survey monuments as set forth in this Code Section,
7,404 SCHOOL LAND DEDICATION I '
Due to the size and nature of thls minor subdivision, no school land dedication should apply.
7-4Ai,5 ROAD TMPACT FEES (NOW PAYABTE ATTIME OF BUILDING PERMlrl
The improvements contemplated În the application do not const¡tute new development that would
create any road impacts. No new residences are being built and no new building permits will need to be
issued as a result of this minor subdivision.
l
1
4,fiØt2022
Jessica llñoser
525CI Cotrnty Rld342
Si[t" C0 81,652
To \Mhorn it MayConcern;
Please accept this letter as proof of that the addresses listed below ¡æeive elechical sewice from
HolyCross Enerry.
5250 County Rld342
Silr" CO E[652
5380 County k&342
sitr" co 81652
If yonr have anyqucstions, please contact HolyCross Energy at(970r945-5491-
Sinccnely,
I-ana hdakina
ltdemhsr Service Representative
37991-'lighway 82 t P.O. Box2150 " Glenwood Springs, CO 816A2-2150
?lrr!r{E: 97A-945-5491 0 Fåx: 970-945-4081 . vww.hoþcross.com
theþower
is in Vö,lr hands
Thomas Moeer
f{qn
Sertt
To:
Sul¡iect
"lessilca lNdosen <jrrmoser03@äclloud-comn>
lNdomday, AprÍll 25" 2A22 8:M Ffrli
Tllnormas ft¡losen
Fwd: flExternnfll ñdosen- 525CI CR 34Z Ferrur¡Ûts
From: Dale Stcphens <dstryhn@$r{ield-count¡r.com>
Drte: l\pril 22, 2022 at 4:16:35 PM MDT
To: Jessiaa À¡floser <jmoser03@icloud-com>
Subjecn Re: [Externa[ Ñfloser- 5250 CR342 Permits
Jessica" sorry for the wait- I did gst a chance to look at your drive waSm- The 538CI addrress doss
notmeet Garfietd count¡r sp€cs" l. F{eeds to have an apron either concrste or asplnlt- 30x10 faec
And ako the culrøert that is in their now needs to ba a steel pipe" l\ny other qnrestions please fill
ftee tn call- Thanks, Dale.
Sent from my Verizon" Sarnsung Galaxy smarþhone
Get Outlook for Android
From: JessÊca hfi osen <f rnoser03@icfloud.corn>
SenE Tq¡esday, Aprif 12,2022 nO:1O:26 AM
To: Daüe Stephens <dstepher¡s@garfield-county.conn>
SubiecÈ fExternal] Moser- 5250 CR it42 Fermits
Date"
Both permits are attashed"
GRBICI-D-9 is f,or fue5250 address which is the primary dwelling-
GRBTE-DI is f,or the 5380 address which was permitted as agricultural ernployee housing and
fir'¡nl occupancy was dated 8l l9l202Û
Sincere[y,
Jessica N{oser
97&i&Vçry0,8
I
(.
li
I
i! Iil.l,i
f
¡t
I
t
t
lzlo <&- 3\Z- ?u¡e'l I
't-' 'it
i, .:
'...: I
'l¡ -
'}t.
'4.
!
:'
t:.
,i
'¡.."-4,.':": - ?..tr .,.!.l'--"':"::ffi't:
Proj ect : Minor Subdivis ion of Perryrnan Exemption (MISA-0 3 -22 - I 8 8 4)
Owner/Applicant: Thomas and Jessica Moser
Property Address: 5250 CR 342, Silt, CO 81652
Responses to Ga{fi-qld County Land Use Code Section 5-301 (C):
1. This Apptication complies with the requirements of the rural zone district and the Code,
including Standards in Article 7, Divisions 1-4. See responses to Article 7, Divisions 1-4
Standards for firrther detail.
Z. This Application is in general conformance with the Garfield County Comprehensive
Plan, as no changes in use are requested.
3. Applicants have described thc water supply for each lot; are requesting a waiver from
LUDC Section 7-104 requirements, as outlined in LUDC Section 4-11'8; and have
provided separate documentalion in this regard. Applicants are currentty using a well that
has been permitted for the entire Property to serve the single-family residence on the
propert¡ and the agricultural ernployee housing unit is using a cistem and hauled water'
A water supply plan, which includes information on legal water (well permit, pump test
and water quatity testing on existing well), source of water to be hauled (cistern
information and will-serve letters from water providers) and waiver request of the
standards as outlined in Section 4- 1 1 8, have been submitted as part of the application
rnaterials. A W.ater Supply Plan has been submitted as follows:
A. Information on well permit: well permit nurnber 279089, well construction and test
report, pump installation test report, Aqua-Tec Systems 4 hour pump test report dated
4l26l2018,water quality testing laboratory results; and
B. Waiver request from LUDC Section 7-104 water cistern make, model and location;
will-serve letters from bulk water proviclers'
4. Driveway permits for both lots are supplied in the application, Supplemental application
materiali include pictures and documentation of the re-inspection by Garfield County
Road and Bridge tô confinn adequate and legal access for Proposed Lot 1, and the need
for an asphalt or concrete pad and a steel culveft on Prcposed Lot 2. Applicants are
requesting that improvements to the driveway be a condition of subdivision approval.
Details are in response to standards, Article 7-701.
5, No drainage, irrigation, utility, road or water service easements are necessary as the
residences on each proposecl lot atready have all services and there will be no additional
development on either lot.
6. Each lot has the ability to provide adequate seìÃ/age disposal systems. OWTS permits for
both residences, along with an inspection letter dated February 9' 2A22 from Down
Valley Septic & Drain, Inc. to show that the ISDS system on the single-farnily residence
is adequateifunctioning, have been submitted as part of the Application.
I
Proj ect: Minor Subdivision of P er4rman Exernption (MISA-O3 -22- 88 8 4)
Owner/Applicant: Thornas and Jessica Moser
PropertyAddress: 5250 CR 342,Silt, CO 81652
7. Bookcliff Survey Services, Inc. has confirmed that there are no hazards that have been
identified on the property such as fire, flood, steep slopes, rockfall or poor slopes so no
mitigation is necessary.
8. No new development is contemplated on the property, and all utilities are in place, and
thus there will be no construction costs or financing for roads, lvater systems, collection
systems, storm drainage facilities.
g. Property taxes have been timely paid and are cultent, as evidenced by the attached tax
certifîcate. Any frrture payrnents will be made by applicant's mortgage company in a
timely manner.
10. There are no fees for road impacts or school land dedication that should apply or be
assessed, due to the size and nature of this minor subdivision as well as the fact that no
new development or resulting impacts will be made.
11. Bookcliff Survey Services, Inc. has confirmed that the Final Plat as submitted meets the
requirements of Section 5-402,F, Final Plat.
2
('arïeto uounty I reasurer
Statement Of Taxes Due
À,ooo¡um Nu¡mlbs Ri0il574[
,.{¡crcs ll253ll
Às¡esecd"fìD
lP¿nÕal2455[(040Iû043
Mo$m.THOlrJds P &JESSICA [-
5210 co{JJNTY Ror{,Ð 342
snLlt_ c(} 8[1652
rîll¡lkilñú
$ostiam: [r0 llunrwoduÞ: S Raqep: 92 ,i\ F/[.RCü[- OF [*Aù{D {N [É[E SE[/4 J\Ki\ P.,{RCE[- Í - PERRV]S{,{N S{J&D{IV
SrFÄür¡¡
s250 342 rc{rNtrY RÐ.5250 ËAIK\íUE\V RD
HXEß{Fntot{
Yc 1!.h h r|rÑ tu
fk&n
wzt 9-ßt3_{r8 s0-00 ($[-4't]654]$[-.{0654
Tot¡ll'll¿xChøse $[-4(ffi54
Eir¡tEffhaúlÛlftAñP,
.m'|ffi:D-r¡ofúllÜiÍIl
mm
su65{
Tæ Bältrod a[ ]0?[ Røtcs fon T¿x .Arca 023 - 2ÊtÐ]$F - 023
ASoü
GAR,[T[E[-ÐCOU'NITY
GARFIIEÍID COIJNtrY - ROÅD & A
G¿\RFffiiUI) C0UJNIT"Y - CilP[[l\L E
GARFITET-D COUÞ{trV - REIIR,EÑ{EN
MI.OR,AIDO R.IVER. FTRE PR@TECT
@{-0 Rll R 1VA]IEjR CÏ}NS
\Á'EST] DIVMUE WlLltER, CÛN
GßITT{D R,IVE¡R F[OËP[lru{f -
SCEX@IL DISTR.E-z GENNRAL F{JJ
sctmtL Dffrr RE-z - toND
m{.,OlRJ{n¡O rMllÏ{ COIj.EGE
GR,,{ND R"IVËIR HOSMIILI-- BÛ[$}
GARFIEÍ-ID CO['bflTV PUEÍJC [-[BR
scf{(}ff DÍstr RË-2 - ù{ru-[- IEV
Taxcs Biffiod 2021
* Clad;fr[jevy
úilf¡Ëft
n2.[5900m
{8.t91{¡0m
0"935üûü0
$.,46î00m
9"[0200&0
0"50Im000
ú..0390600
5.597{0000
5.78m(ßoffi
[2..qry50mm
4"0n3{¡ffin0
5"974$0m
2.50fim
13"p700t0
Ád
$462,.90
$3.5ü
$35..610
s[7'7S
$346.511
s;[9.07
$n,.4fi
$2[3.fü8
$217.6tl
9494..1r2
$[52.7f,
s27'1.13
$915."ã9
s525.25
Ä¡d
$370
s484,{}ß0
$[[-560
llmd
$l Í0
$34,6[{0
$3"3f0
vtu
GRÄZûñffGS.A]NÞ
AGR,[C{I]LTilIRÅ[.
Ft\tRiiltt/R/ü{ct[
KnSmffiNcE-[hIPS
OTFflERBN,J}CS-.
A(jRJICT'LMJRJ\IL
"fldl¡ll $4q$j0[{0 $3$,070)
?3-W2qWü0 $¿8[J'{08
lnPi('RTA¡IT E{F'ONilüANOil ABOI¡'T I..EI6+I.EASE REAI'
A¡-I-.]rÆ( IJIEN¡SALEANáO{I]JN¡'fS ARE S{.JzuECTTO CFIAJ¡{GË DIIIIETO EÍruIXRSE]IdEINfïIOFCURREINITTA}(ES EYTF{E O-IIEIMÈIIOi.ЀRORTO
T'O REMfiI-TANCE AFÍER SEtrTENNEER 1S]i-
n oRIIER TO AVoID ¡rã,Ays |lt pR(rcEssütcßN¡[nrc GËRnHCATES ()F REDEWIXIû* IT lti REcoffiEl{DE[t THAT RE[rCUPTlOl[l¡ BE
REffitTIEDffTHCERTIF|EI'FUrt]S, tE- cÂsH, cAsHtERlS CHECKmilËYoRIIERORWREÏRÂ!|SFER.
GarñeH Gounty Treæuer
P.ûBor11169
Gl€nwood sprturgs, Gro 8f 6ül-f069
(c70le{.5.Gn¿
Garfield
Projectr Minor Subdivision of Peruyman Exemption (MISA-03-22-8884)
OwnerlApplisarit: Thomas and Jessica Moser
Property Address: 5250 CR 342,SiIt, CO 81652
Lender"Approval
The current lender (BSI Financial Selices) is a large firm in Pennsylvania.
Representatives there have been unable to assist in requesting lender approval.
Evin Sartin at Alpine Banh in Rifle has been consulted in detail to refinance the loan. The
process can take 2-3 weeks to complete and will secure local lender approval as a
condition of approval. Consequently lender approval rernains requested to be a condition
of subdivision approval.
The new loan will be for Proposed Parcel 1 only.
The deed to Proposed Parcel 2wiIlbe given to the current residents and immediatç
family members, Charles and Roxanna Moser, without lending services.
Supplemental Application Materials
Project: Minor Subdivision of Perryman Exemption (MISA-03-22-8884)
Owner/Applicant: Thomas and Jessica Moser
Property Address: 5250 CR 342,SiIt, CO 81652
I¡r Regards to Waiver Request- Section ?-104 of the LUDC
The Division of W.ater Resources (DWR) has been consulted in regards to their review of
and response to an application proposing a cistern and water hauling.
Chris Grimes at DV/R in Denver and'Water Engineer Caleb Foy with DÏt/R in Glenwood
Springs both loolced at the parcel in detail and the following information has been
obtained.
The DWR approves hauled water as a legal source of water as long as it is obtained from
a legal water supply. Fitl stations such as those provided by the towns of Silt, Rifle, and
New Castle are legal water sources, (WiIl serve letters for Silt and Rifle fill stations can
be found in the l0.B \Føíver Request section of the application.)
Re-permitting of the well rnay still be required as a tenn of subtlivision approval and the
DWR expects one of the two following requirements:
1. Re-permit the current domestic exempt welt permit to an exempt single household
use only under 2B2}-155/Policy 2011-1
2. Obtain a signed and notarized affidavit from the adjacent Pemyman parcel owners
to keep the cwrent water rights as is, which carries the agreement to any firture
land owners.
Paperwork for the re-perrnitting of the well to an exempt household use only permit has
been drafied in the event the affidavit is unattainable.
Supplemental Application Materials