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Home My WebLink About1.00 General Application Materials1 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: 217910130001 PRE-APP DATE: 2-11-22 (Corrected Report 3-2-22) PROJECT: Ruiz El Rancho Minor Subdivision OWNER: Joel & Hortencia Ruiz REPRESENTATIVE: Joel Ruiz PRACTICAL LOCATION: 7005 County Road 346, Silt CO 81652 ZONING: Rural COMPREHENSIVE PLAN: Urban Growth Area of Town of Silt TYPE OF APPLICATION: Minor Subdivision I. GENERAL PROJECT DESCRIPTION The property owner desires to subdivide a 37.42 acre parcel into three residential lots. A draft plat was presented to the staff at the Pre-App Conference. The proposed minor subdivision would create lots of 7.8 acres, 36.2 acres and 2.1 acres in size. The parcels are located south of the Town of Silt at the north corner of the intersection of County Roads 346 and 331. The property is currently improved with a single-family residence and an unoccupied oil and gas well pad. The parcel is located within the Rural zone district. The minimum lot size in the Rural district is two acres. The proposed lot sizes comply with this minimum size requirement. The proposed lot line configuration does not appear, based upon the information provided on the plat, to create non- conforming conditions for setbacks or other Rural zone district standards. The Rising Sun ditch and the Dry Hallow Creek are located on the property. It appears that there is a potential issue with the northern property line with the overlap of the Silt River Preserve Conservation Easement. This issue should be addressed as part of the Minor Subdivision application. An identified Flood Hazard Zone A associated with Dry Hollow Creek runs through the subject property. This flood hazard zone 2 needs to be illustrated on the application’s Site Plan. In addition, staff is aware that the site is within close proximity to an established bald eagle nest. It is anticipated that the Colorado Parks and Wildlife (CPW) will require the imposition of protection measures for this nest. Staff recommends that the Applicant seek out coordination with the CPW regarding their recommendations and include those recommendations as part of the application documentation. Staff also anticipates that areas of high ground water will be found on the site which will need to be addressed with respect to proposed septic systems. Staff anticipates that the new lots will be served by individual well and septic systems. New wells may require new State of Colorado Water Well Permits and contracts with the West Divide Water Conservancy District. The County’s Land Use & Development Code (LUDC) requires a subdivision to demonstrate legal and adequate water for each lot. Permit documentation for these systems should be submitted with the application. The Applicant has suggested that they will request a waiver from the requirement of drilling new water wells until after the Director’s Decision. Please note the requirements in Article 7 that relate to protection of agricultural lands and ditches, Division 2, 7-201 of the LU&DC It is anticipated that each lot will be served by individual driveways. All driveways will need to conform to the standards and requirements defined in Section 7-107 of the LU&DC. All existing and future public utilities should be contained with an easement. The LU&DC requires that utilities are to be underground for new Subdivision proposals. The applicant’s Surveyors should ensure that the required Certificates, notes and plat language conform to that 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 owners. 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 in the form of a recent title report is required to process the application. All property owners, per County assessor records, will need to sign the application and provide a letter of authorization for anyone serving as the applicant’s representative. Any existing or proposed (draft) Codes Covenants or Restrictions (CCR’s) that affect the subject property should be submitted with the application. The LU&DC also requires an engineer’s report for: (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. Please reference Section 4-202, Submittal Waivers and Section 4-118, Waivers from Standards as applicable, for any submittal or standards waivers that you will request. All of these requirements, digital copies of the LUDC, and forms can be found online within the Garfield County Community Development website located at: https://www.garfield- county.com/community-development/ 3 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 o Table 5-103 Common Review Procedures and Required Notice o Section 5-401 and Table 5-401 Submittal Requirements including preliminary engineering reports for Access, Sanitation, Groundwater Drainage, and any preliminary cost estimates. o Section 5-402 Description of Submittal Requirements including Final Plat o Section 4-103 Administrative Review (public notice) o Section 4-203 Description of Submittal Requirements (as applicable) o Provisions of Article 7, Articles 1, 2, 3 and 4, as applicable including site planning and subdivision standards. o Section 4-202, Submittal Waivers and Section 4-118, Waivers from Standards as applicable or needed. IV. SUBMITTAL REQUIREMENTS As a convenience outlined below is a list of information typically required for this type of application: General Application Materials o Signed Application Form o Signed Payment Agreement Form and application fees o Proof of ownership (copy of deed, title work) and information on any lien holders. o A narrative describing the request and related information o Names and mailing addresses of properties within 200 feet of the subject property. o Mineral rights ownership for the subject property (demonstrated through a search of Clerk and Recorders database and/or Assessor database, memo attached). o If owner intends to have a representative, a letter of authorization to represent is needed. A copy of the Pre-application Summary needs to be submitted with the Application. Vicinity Map including areas within approximately 3 miles. 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 improvement location information adequate to confirm that no nonconforming conditions will result from the proposed subdivision. 4 The Proposed Minor Subdivision Plat showing the proposed lot lines, all easements and required certificates. Water Supply Plans needs to include details on legal water (well permit and/or draft contracts with Water Conservation District), well production tests, and water quality tests. Should the Applicant wish to delay drilling of the new well as a condition of approval, waiver requests are needed. Waste Water Treatment Plan needs to address any constraints including soils and demonstrate feasibility of installing OWTS on the proposed lots. County permits for the existing system need to be provided. 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). Information on the adequacy of the access driveways to serve the proposed lots to meet the dimensional standards in Section 7-107 (Public Right of Way to each subdivision parcel). Submit three paper copies and one digital of all application materials. Additional copies will be requested upon determination of completeness. See the land use code for additional information on submittal requirements. V. REVIEW PROCESS The review process shall follow the steps contained in Table 5-103 and Section 4-103 for an Administrative Review including: 5 6 The Application may be “Called-Up” for review by the Director and the Board of County Commissioners. In addition, the Applicant and any affected Adjacent Property Owner can request a Call-Up for review by the Board in accordance with the procedures and review process contained in Section 4-112. Public Hearing(s): _X_ Directors Decision (with public notice) ___ Planning Commission ___ Board of County Commissioners ___ 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, Colorado River Fire Rescue District, Colorado Parks and Wildlife. VI. APPLICATION REVIEW FEES Planning Review Fees: $400 Referral Agency Fees: $tbd ($600 Colorado Geological Survey - others tbd) Total Deposit: $400 (additional hours are billed at hourly rate of $40.50) VII. GENERAL APPLICATION PROCESSING 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. The summary is valid for a six month period, after which an update should be requested. The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically) for review by the public. Proprietary information can be redacted from documents prior to submittal. PRE-APPLICATION SUMMARY PREPARED BY: February 17, 2022 (Corrected 3-2-22) Vince Hooper, Planner III Date 7 Attachments: Certification of Mineral Ownership Colorado Geologic Survey Referral Form 1 May 27 2022 EL RANCHO MINOR SUBDIVISION PROJECT NARRATIVE This application is for the division of a 45.13 acres Parcel (#21791013001), which is located south of Silt at County Road 346, into a minor subdivision consisting of three lots. The proposed lot sizes are as follows: Lot 1 – 7.6 acres, Lot 2 – 35.4 acres, and Lot 3 – 2.1. The site is zoned Rural and there is currently a house built with an OWTS system in place a water well. ARTICLE 7 - DIVISION 1: GENERAL APPROVAL STANDARDS Section 7.101: Zone District Use Regulations The subject property is currently zoned Rural and the proposed minor subdivision will not change this. Section 7.102: Comprehensive Plan and Intergovernmental Agreements The Comprehensive Plan includes relatively few policies which provide direct guidance with respect to the proposed subdivision. The Future Land Use Chapter of the Comprehensive Plan establishes the broad land use and density for future development within the County. The proposed subdivision in in conformance with the applicable zone district: Rural, minimum lot size 2 acres, with the proposed lot sizes as follows: Lot 1 – 7.6 acres, Lot 2 – 35.24 acres, and Lot 3 – 2.1 acres, which are all well above the minimum lot size allowed. The subject property is not located within any unincorporated community, or water and sewer service area, nor is there any regional center, town center, rural employment center or village center mapped in the area where the subject property is located. The County desires to retain the rural character of the area and the proposed subdivision would provide that with the creation of a mere two additional lots, in which agricultural and grazing uses can remain. As far as recreation, open space, and trails, the subject property does have the Dry Hallow Creek running through lot 2 which will remain intact. There is no fishing or rafting activity that would be interrupted. No significant visual impact is expected with the creation of the three lots. Based on the current regulations, by dividing the property now in in the proposed manner, the individual lots cannot be subdivided again, therefore the agricultural land will be protected from infringement of higher density uses. The proposed subdivision will comply with the designated Rural Zoning District, which allows residential lots with a minimum lot area of two acres. The proposed lot sizes would allow for continued agricultural and grazing uses, with minimal impact on adjacent agricultural operations. Section 7.103: Compatibility The surrounding properties are zoned rural with a mix of Rural Residential and Agriculture/Grazing Land Use . There are a few adjacent properties ranging in size from 2 acres to 40 acres. The proposed land use will change from Agriculture and Grazing to Residential Medium High (1 du per 2 - <6 acres), 2 whereas the zoning will remain Rural, protecting the existing character of the area. The proposed lot sizes are larger than the minimum two acres required for this designation, and will allow for small scale agriculture and grazing to continue. Section 7.104: Source of Water The owners have obtained contracts for water from West Divide Water Conservancy District. WDWCD has approved one well per proposed lot. Section 7.105: Central Water Distribution and Wastewater Systems There will be no central water distribution as each lot will have its own well, please see attached contracts from the West Divide Water Conservancy District referencing an adequate water supply. Furthermore, each new lot owner is responsible to install their own separate OWTS, attached is the preliminary soils evaluation for each lot for future on site wastewater systems pr epared by High Country Engineering, Inc. All septic systems will be engineered by a qualified professional. Section 7.106: Public Utilities The only public utility the subject property and proposed lots will have is electricity By Holycross Electric provided is a will serve letter. Each lot will have its own water supply water well. Wastewater system, and propane tank will be the responsibility of each lot owner. There are existing power lines running along Hwy 346 and Hwy 331. Lot 2 is already serviced. Lot 1 and 2 will get their own transformers from a separate pole. Underground electricity service lines will be brought from the existing poles to each dwelling. Section 7.107: Access and Roadways Lot 1 and lot 2 will have their own legal entrance and direct access to County Road 346 Lot 3 will have legal entrance from County Road 331. Per attached letter from Garfield County Road and Bridge, there is adequate space for safe access to the county road on the South side of the property. Lot 2 already has its driveway in place and lots 1 and 3 have the approval to be constructed. There will be no public roadways within the subdivision. No roads proposed, only driveways to future single family dwellings and allowed accessory buildings. Section 7.108: Use of Land Subject to Natural Hazards The subject land does not have the following natural and geologic hazards: falling rock, landslides radiation or snow slides. Dry hallow Creek runs through lot two, flooding zones noted on plat. Preliminary soils evaluation for waste water treatment prepared by qualified professional engineer for each lot is attached. Section7.109: Fire Protection The subject property is located within the Colorado River Fire Rescue District and is not adjacent nor surrounded by forests. The owners have made contact with the County Fire Chief and were told the County will send appropriate documentation to the CRFR District for review. ARTICLE 7 – DIVISION 2: GENERAL RESOURCE PROTECTION STANDARDS Section 7.201: Agricultural Lands 3 The subject land is currently being used to grow hay and grace some livestock. The proposed subdivision does not affect such use. The proposed subdivision will have no adverse effect on any nearby agriculture or grazing use. There are currently no large-scale livestock and herding activities occurring which might be disrupted by domestic animals. Fences will be built to protect adjoining agricultural lands and livestock. The proposed lots will not have roads, only driveways. E.1: As noted on plat there is an easement for Rising Sun Ditch on the north the property. E.2: The owners of the subject property understand that the Colorado Constitution Article XVI, Section 7 provides that all persons and corporations shall have the right-of-way across public, private and corporate lands for the construction of ditches for the purposes of conveying water for domestic, agricultural, mining, manufacturing and drainage purposes upon just compensation. E.3: The land use change will not interfere with the ditch rights-of-way. E.4: The owners of the proposed subdivision will insure that the use of ditches, including maintenance, can continue uninterrupted where irrigation ditches cross or adjoin the land proposed to be developed. E.5: The owners are aware that no structure or fence shall be placed within the right-of-way or easement. E.7: 7. The Application for Division of Land or Land Use Change Permit will not affect or impact any ditch right-of-way. E.8: There will be no change on irrigation ditch drainage. E.9: since there will be no change in irrigation dich and applicants own ditch this sections does not apply Section 7.202: Wildlife Habitat Areas On Wednesday, September 9, 2020, Travis Bybee, of Colorado Parks and Wildlife, 970-985-5882, informed the owners that the subject property is within the critical deer mule range. He stated that as the application process progresses, he will advise of steps the owners can take to ease the impact on this population of deer, such as, the type of wildlife-friendly fencing that would be best, as well as a provide a list of toxic and dangerous plants that should be avoided when it comes time to landscape. Section 7.203: Protection of Waterbodies The subject property has Dry Hallow Creek running to proposed lot two which will remain intact. Section 7.204: Drainage and Erosion There are no drainage and erosion problems on the subject property. There is an existing culver going under Hwy 346 to serve as and drainage of waste water. Each lot owner is responsible for proper drainage after alterations or new building arising. Section 7.205: Environmental Quality Air quality levels will not be reduced below acceptable levels with the creation of this minor subdivision. The planned use of the proposed subdivision does not anticipate hazardous material storage, but rather rural residential, as well as agricultural and grazing activities. Section 7.206: Wildfire Hazards The subject property is not located in any area designated as a severe wildfire Hazard Area with Slopes greater than 30% or within a fire chimney as identified by the Colorado State Forest Service. It is not surrounded by large trees and the proposed land use change does not increase the potential intensity or duration of a wildfire, nor does it adversely affect wildfire behavior or fuel composition. Roof materials shall be made of noncombustible materials or other materials as recommended by the local fire agency. 4 Section 7.207: Natural and Geologic Hazards There will be no above-ground utility facilities located in Hazard Areas. The development is not in an Avalanche Hazard Area, nor is it in a Landslide Hazard Area, Rock fall Hazard Area, Alluvial Fan Hazard Area, nor does the subject property have slopes 20% or greater. Section 7.208: Reclamation This section does not apply to the proposed subdivision. ARTICLE 7 – DIVISION 3: SITE PLANNING AND DEVELOPMENT STANDARDS Section 7.301: Compatible Design Proposed subdivision is for single-family dwelling units, which are exempt from this section. Section 7.302: Off-Street Parking and Loading Standards Proposed subdivision is for single-family dwelling units, which are exempt from this section. Section 7.303: Landscaping Standards Proposed subdivision is for single-family dwelling units, which are exempt from this section. Section 7.304: Lighting Standards This section does not apply to the proposed subdivision. Section 7.305: Snow Storage Standards Proposed subdivision is for single-family dwelling units, which are exempt from this section. Section 7.306: Trail and Walkway Standards Proposed subdivision is for single-family dwelling units, which are exempt from this section. ARTICLE 7 - DIVISION 4: SUBDIVISION STANDARDS AND DESIGN SPECIFICATIONS Section 7.401: General Subdivision Standards There will not be common facilities for the proposed subdivision. There will be no protective covenants for the Subdivision and the resident of each unit will have to ensure their domestic animals remain within the boundaries of their property. Owners are aware that open hearth, solid-fuel fireplaces are prohibited and that only natural gas burning stoves and appliances are allowed. The proposed development is not in a floodplain. Section 7.402: Subdivision Lots Proposed lot area, width, frontage, depth, shape, location, and orientation are in conformance with the applicable zone district requirements and other appropriate provisions of this Code. All side lot lines will be substantially at right angles or radial to road right-of-way lines. No wedge-shaped lots or lots fronting on cul-de-sacs are proposed in this subdivision. No lots will be divided by municipal boundaries, County roads or public rights-of-way. Section 7.403: Survey Monuments Owners are aware that prior to selling or advertising the sale of lots, No. 5 steel rebar, 18 inches or longer in length, shall be set at all lot corners pursuant to C.R.S. §§ 38-51- 104 and 38-51-105. 5 Section 7.404: School Land Dedication Owners are aware of the fees for payment in lieu for school land. Section 7.405: Road Impact Fees Owners are aware of the Road Impact Fees. The parcel is fenced on all sides. There will only be water rights to lot #2 Owners will finance cost of subdividing. All taxes have been paid. All fees will be paid by owners. The Final Plat meets section 5-402.F Final Plat requirements. 1 July 26 2022 EL RANCHO MINOR SUBDIVISION PROJECT NARRATIVE This application is for the division of a 45.13 acres Parcel (#21791013001), which is located south of Silt at County Road 346, into a minor subdivision consisting of three lots. The proposed lot sizes are as follows: Lot 1 – 7.6 acres, Lot 2 – 35.4 acres, and Lot 3 – 2.1. The site is zoned Rural and there is currently a house built with an OWTS system in place a water well. ARTICLE 7 - DIVISION 1: GENERAL APPROVAL STANDARDS Section 7.101: Zone District Use Regulations The subject property is currently zoned Rural and the proposed minor subdivision will not change this. Section 7.102: Comprehensive Plan and Intergovernmental Agreements The Comprehensive Plan includes relatively few policies which provide direct guidance with respect to the proposed subdivision. The Future Land Use Chapter of the Comprehensive Plan establishes the broad land use and density for future development within the County. The proposed subdivision in in conformance with the applicable zone district: Rural, minimum lot size 2 acres, with the proposed lot sizes as follows: Lot 1 – 7.6 acres, Lot 2 – 35.24 acres, and Lot 3 – 2.1 acres, which are all well above the minimum lot size allowed. The subject property is not located within any unincorporated community, or water and sewer service area, nor is there any regional center, town center, rural employment center or village center mapped in the area where the subject property is located. The County desires to retain the rural character of the area and the proposed subdivision would provide that with the creation of a mere two additional lots, in which agricultural and grazing uses can remain. As far as recreation, open space, and trails, the subject property does have the Dry Hallow Creek running through lot 2 which will remain intact. There is no fishing or rafting activity that would be interrupted. No significant visual impact is expected with the creation of the three lots. Based on the current regulations, by dividing the property now in in the proposed manner, the individual lots cannot be subdivided again, therefore the agricultural land will be protected from infringement of higher density uses. The proposed subdivision will comply with the designated Rural Zoning District, which allows residential lots with a minimum lot area of two acres. The proposed lot sizes would allow for continued agricultural and grazing uses, with minimal impact on adjacent agricultural operations. Section 7.103: Compatibility The surrounding properties are zoned rural with a mix of Rural Residential and Agriculture/Grazing Land Use . There are a few adjacent properties ranging in size from 2 acres to 40 acres. The proposed land use will change from Agriculture and Grazing to Residential Medium High (1 du per 2 - <6 acres), 2 whereas the zoning will remain Rural, protecting the existing character of the area. The proposed lot sizes are larger than the minimum two acres required for this designation, and will allow for small scale agriculture and grazing to continue. Section 7.104: Source of Water The owners have obtained contracts for water from West Divide Water Conservancy District. WDWCD has approved one well per proposed lot. Section 7.105: Central Water Distribution and Wastewater Systems There will be no central water distribution as each lot will have its own well, please see attached contracts from the West Divide Water Conservancy District referencing an adequate water supply. Furthermore, each lot will have its own separate OWTS, attached is the preliminary soils evaluation for each lot for future on site wastewater systems prepared by High Country Engineering, Inc. All septic systems will be engineered by a qualified professional. Section 7.106: Public Utilities The only public utility the subject property and proposed lots will have is electricity as each lot will have its own water supply, wastewater system, and its own propane tank. There are existing power lines running along Hwy 346 and Hwy 331. Lot 2 is already serviced. Lot 1 and 2 will get their own transformers from a separate pole. Underground electricity service lines will be brought from the existing poles to each dwelling. Section 7.107: Access and Roadways Lot 1 and lot 2 will have their own legal entrance and direct access to County Road 346 Lot 3 will have legal entrance from County Road 331. Per attached letter from Garfield County Road and Bridge, there is adequate space for safe access to the county road on the South side of the property. Lot 2 already has its driveway in place and lots 1 and 3 have the approval to be constructed. There will be no public roadways within the subdivision. No roads proposed, only driveways to future single family dwellings and allowed accessory buildings. Section 7.108: Use of Land Subject to Natural Hazards The subject land does not have the following natural and geologic hazards: falling rock, landslides, snow slides, mud flows, radiation, nor flooding. Preliminary soils evaluation for waste water treatment prepared by qualified professional engineer for each lot is attached. Section7.109: Fire Protection The subject property is located within the Colorado River Fire Rescue District and is not adjacent nor surrounded by forests. The owners have made contact with the County Fire Chief and were told the County will send appropriate documentation to the CRFR District for review. ARTICLE 7 – DIVISION 2: GENERAL RESOURCE PROTECTION STANDARDS Section 7.201: Agricultural Lands The subject land is currently being used to grow hay and grace some livestock. The proposed subdivision does not affect such use. The proposed subdivision will have no adverse effect on any nearby agriculture or grazing use. There are currently no large-scale livestock and herding activities occurring which might 3 be disrupted by domestic animals. Fences will be built to protect adjoining agricultural lands and livestock. The proposed lots will not have roads, only driveways. E.1: As noted on plat there is an easement for Rising Sun Ditch on the north the property. E.2: The owners of the subject property understand that the Colorado Constitution Article XVI, Section 7 provides that all persons and corporations shall have the right-of-way across public, private and corporate lands for the construction of ditches for the purposes of conveying water for domestic, agricultural, mining, manufacturing and drainage purposes upon just compensation. E.3: The land use change will not interfere with the ditch rights-of-way. E.4: The owners of the proposed subdivision will insure that the use of ditches, including maintenance, can continue uninterrupted where irrigation ditches cross or adjoin the land proposed to be developed. E.5: The owners are aware that no structure or fence shall be placed within the right-of-way or easement. E.7: 7. The Application for Division of Land or Land Use Change Permit will not affect or impact any ditch right-of-way. E.8: There will be no change on irrigation ditch drainage. E.9: since there will be no change in irrigation dich and applicants own ditch this sections does not apply Section 7.202: Wildlife Habitat Areas On Wednesday, September 9, 2020, Travis Bybee, of Colorado Parks and Wildlife, 970-985-5882, informed the owners that the subject property is within the critical deer mule range. He stated that as the application process progresses, he will advise of steps the owners can take to ease the impact on this population of deer, such as, the type of wildlife-friendly fencing that would be best, as well as a provide a list of toxic and dangerous plants that should be avoided when it comes time to landscape. Section 7.203: Protection of Waterbodies The subject property is not located near any waterbodies, per the definition of a waterbody in the Garfield County Land Use and Development Code, Article 15: Definitions. Section 7.204: Drainage and Erosion There are no drainage and erosion problems on the subject property. There is an existing culver going under Hwy 346 to serve as and drainage of waste water. Section 7.205: Environmental Quality Air quality levels will not be reduced below acceptable levels with the creation of this minor subdivision. The planned use of the proposed subdivision does not anticipate hazardous material storage, but rather rural residential, as well as agricultural and grazing activities. Section 7.206: Wildfire Hazards The subject property is not located in any area designated as a severe wildfire Hazard Area with Slopes greater than 30% or within a fire chimney as identified by the Colorado State Forest Service. It is not surrounded by large trees and the proposed land use change does not increase the potential intensity or duration of a wildfire, nor does it adversely affect wildfire behavior or fuel composition. Roof materials shall be made of noncombustible materials or other materials as recommended by the local fire agency. Section 7.207: Natural and Geologic Hazards 4 There will be no above-ground utility facilities located in Hazard Areas. The development is not in an Avalanche Hazard Area, nor is it in a Landslide Hazard Area, Rock fall Hazard Area, Alluvial Fan Hazard Area, nor does the subject property have slopes 20% or greater, nor is it in a Mudflow Area, nor over a Fault. Section 7.208: Reclamation This section does not apply to the proposed subdivision. ARTICLE 7 – DIVISION 3: SITE PLANNING AND DEVELOPMENT STANDARDS Section 7.301: Compatible Design Proposed subdivision is for single-family dwelling units, which are exempt from this section. Section 7.302: Off-Street Parking and Loading Standards Proposed subdivision is for single-family dwelling units, which are exempt from this section. Section 7.303: Landscaping Standards Proposed subdivision is for single-family dwelling units, which are exempt from this section. Section 7.304: Lighting Standards This section does not apply to the proposed subdivision. Section 7.305: Snow Storage Standards Proposed subdivision is for single-family dwelling units, which are exempt from this section. Section 7.306: Trail and Walkway Standards Proposed subdivision is for single-family dwelling units, which are exempt from this section. ARTICLE 7 - DIVISION 4: SUBDIVISION STANDARDS AND DESIGN SPECIFICATIONS Section 7.401: General Subdivision Standards There will not be common facilities for the proposed subdivision. There will be no protective covenants for the Subdivision and the resident of each unit will have to ensure their domestic animals remain within the boundaries of their property. Owners are aware that open hearth, solid-fuel fireplaces are prohibited and that only natural gas burning stoves and appliances are allowed. The proposed development is not in a floodplain. Section 7.402: Subdivision Lots Proposed lot area, width, frontage, depth, shape, location, and orientation are in conformance with the applicable zone district requirements and other appropriate provisions of this Code. All side lot lines will be substantially at right angles or radial to road right-of-way lines. No wedge-shaped lots or lots fronting on cul-de-sacs are proposed in this subdivision. No lots will be divided by municipal boundaries, County roads or public rights-of-way. Section 7.403: Survey Monuments Owners are aware that prior to selling or advertising the sale of lots, No. 5 steel rebar, 18 inches or longer in length, shall be set at all lot corners pursuant to C.R.S. §§ 38-51- 104 and 38-51-105. 5 Section 7.404: School Land Dedication Owners are aware of the fees for payment in lieu for school land. Section 7.405: Road Impact Fees Owners are aware of the Road Impact Fees. The parcel is fenced on all sides. There will only be water rights to lot #2 Owners will finance cost of subdividing. All taxes have been paid. All fees will be paid by owners. The Final Plat meets section 5-402.F Final Plat requirements. Community Development Department SePtember 28,202?. foel and Hortencia Ruiz P.O. Box 37 Silt, ColoradoBL6S2 RE: El Rancho Minor Subdivision [MISA-O7-22-891"1) Dear APPlicant: Garfield County is in receipt of an application for a Minor Subdivision on the property located at.549 331 County Road, silr, co Bhilsz,within ihe .ounay'r Rural (RJ zone district According to the counds records' this application was received on fuly ?7,2022' This letter is to inform you that your application has been deemed Not Technically complete' For the application to be deemåd technically cãmplete, jn accordance with Section 4-1-02 of the Land Use and Developrnent Code, the followíng ,*uirio*/additional materials must be submitted to the county's Community Development Department: ¡ L. A list and a map of real property, the owners of record, and mailing address, within a 200-foot radius of / ä;-uf,Ë; parcet [as shown-int'he office of the county clerk and Reco-rder) needs to be submitted (refer to Seåtion 4ìOS[gJ[S][aJ of the Land Use and Development Code)' r' 2. Pleasé fill out and submit the attached PaymentAgreement form' I 3. Please fill out and submit the attached certificate of Mineral owner Research form' // 4. please fill out and submit the aftached colorado Geological survey-[cGs) subrnittal form' county staff can provide you with information for how to submit pãyment for the applicable CGS revÍew fee' { s. A Vicinity Map needs to be submitted in accordance with Table 5-401" and SecÍion 4'203(CJ' / o. pursuant to Table s-401, a site plan is required as part of an application for a Minor subdivision' The L. application d¡A not inctude a Site plan. ThL Site Plan must include all of the applicable items listed unãer Section 4-203{DJ of the Land Use and Development'Code' ,/ 7, A Water Supply and Disffibution Plan needs to be submitted in accordance with Table 5-401 and !,/.' section 4-203[MJ. The information submitted needs to demonstrate that there is an adequate, reliable, physical, long-term, and legal water supply to serve each of the lots in the proposed Minor Subdivision' Copies of any applicable well permits and contracts with West Divide water Conservancy District need to b..e submitted' lf you are wantingto request a waiver from any of the submittal requirements for a Minor Subdivision set forth in Table 5-401 of the Land use and Dãvelopment code, please submit the information required .$ under section 4-202. lvaiver of submission Requ.irements. You will need to provide an explanation for when these submittal requirements will be addressed and demonstrate compliance with the review criteria set forth in Section 4-202ICJ. B. The Title commitment indicates that there is a silt River Preserve conservatlon Easement ott this property. Additional information on this matter, such as a copy of Conservation Easement, needs to be providecl. g. In accordance with section 7-1.06(AJ of the Land use and Development code, please provide evidence that adequate public utilities are available to serve the proposed Minor Subdivision' A "Will Serve Letter" from the applicable utility service providers (ex. Xcel Energy, Comcast, etc'J will suffice, 10. please provide information (ex. a narrative and/or a copy of the Driveway Permit issued by the county) regarding the existing driveway for Lot 2 to demonstrate that there is legal access between the propertyand County Road 346/County Road 331' 11. In accordance with section 7-201{EJ[7J. the name and mailing address of the ditch owner needs to-be + submitted as part of trris ãpprication. Tíris information was not províded and needs to be submitted' 12. pursuantto Table 5-401, preliminary Engineering Reports and Plans for: A. Roads Trails, Walk'ways, and Bikeways, CF"w"ge Collection and Water Supply and Distribution System, E. Groundwater Drainage, "nO U. prelilãinary Cost Estimates for Improvements are requÍred as part of an application for a Minor Subdivision. Thä application narrative did not directly address these submittal requirements and needs to be revised to do so. The application narrative needs to be clear that each lot owì"r will be responsible for improvements necessary to serve their property' please note that section 4-1t1 (BJ[2){aJ of the Land Use and Development Code stipulates that an applicant musr correct their "ppri*tion6¿"liciàncies within sixty [60) calendar days, or the application will be deemed withdrawn. The following issues were noted during the completeness review While these items do not need to be resolved for the Minor Subdivision application to be deemed complete, the county will look to address them during the application review process. 1. A more detailed explanation from your surveyor regarding: a. The discrepancy between the Garfield County Assessor's records for your property and the information prãoiO"a in the application. According to the Assessor's records, the size of your property is iZ.4Z-agres. However, the application form states that the property is 47.4'acres, and Itrelinat plat indicates that the property is 45,129-acres, b. The legal basis for adjusting the northerly property boundary to match the property boundaries for the adloining parcels and the northerly bank of the Rising Sun Ditch. Z. Evidence that the driveways for Lot 1. and Lot 3, of the proposed Minor Subdivision, will be designed in accordance with the requirements set forth in Section i:107 of the Land Use and Development Code and be constructed prior to the issuance of a building permit for Lot 1 or Lot 3' 3. The application narrâtive indicates that there are no natural hazard areas on the subject property, however the Final plat indicates that a portlon of Lot 2 is within the floodplain for Dry Hollow creek' Further, the application narrative states that the subject property is not located near any waterbodies, 2 I / { T15[V}¿.(ouffitt16¿lrçilìlbo') rtSNþlj r'{rJÀu-a avoTg 06ôe??T ! tø:rd3 -¡-î ¡StlþEll g d3ht5b b{1lf¡t qU Arrtrta]r^þ! "/-)aTrrHS + 7nVS?¿uFÛtt516¿tzLd€'¿dV¡tl6d0¡ût6¿lz.qsl,K c) J?r$at- *o9 "'l-Lr{S Ja *tL6tITilsÊ0{1ü0¡016¿1rl6¿l+{.JlJd¡0tlü11606¿le[0ûlül¡6f]6¿t1t6o? ¿.rrS'd¡"rl{at7f.¡ 4fiiddtÐÊ"21Jir¿¿iItr?2,1?f.lrv\,?ãSbf lo8 ö'¿)Ftlulu,s gss$$Çb,"*sè?üsq3+rf¿nnøg pfôBftffiSi& r.5itr G' W ffi þ ^ia're'"¡ei;r¡ riüí)-i {'\r;ar¡'}s$*îÞ Å¡u't*;¡ Pi&!;liË}fl} PROPERTY OWNER WITH¡N 2OO FEËT Town Of Silt Leticia & Rogelio Hernandez Hilda Ë Ramirez Ësau & Samuel Rçiz Jose üodina FO Box 7t Silt CO 81652 PO Box 64 New Castle CC,81647 472N. Bth St earbondale C0,81,623 6799 Cc¡unty Rci 346 Silt, CO 81652 420 n i.Ztl'5t sit eÕ 81652 Gurfield County PAYMENT AGREEMENT FORM GARFI UNTY ("COU NTY) and Property Owner ("APPLICANT") f1 s l2 .-+-- -)r) oø t- rfl.-: r ?- -l ç¡r,i C ltl agree as follows: L. The Applicant has submitted an application for the following Project: €.L t?a^¡¡ I'fn tÊt to the County ¡xJcu Ê, I J Àrr.fr((êñ\ Z. 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 ofthe size, nature or scope ofthe 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. lf 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: Billine Contact Person Joa, ßu tz-Phone: Billing Contact Address:F-o >Y 3+ City 3l¿-r Billing Contact Email: Printed Name of Person Authorized to Sign Staß: (e ZipCode:xtl'5l, ä-â- ->ê)l (Signature)(Date) Gørfield County CERTIFICATION OF MINERAL OW}IER RESEARCH This form is to be completed ond submitted with øny applicotion for a Land Use Chonge Permit. Mineral interests may be severed from surface right interests in real property. C.R.S. 5 24-65.5-t01, et seq, requires notification to mineral owners when a landowner applies for an application for development from a local government. As such, the landowner must research the current owners of mineral interests for the property. The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4-101(EX1Xb)(4) requires written notice to owners of mineral interests in the subject property in accordance with C.R.S. 5 24-65.5-I0t, 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 subiect property as required pursuant to C.R.S. g 24-65.5-1O1', et seq, and Section 4-101 (EXll(bX4) of the Garfield County Land Use and Development Code, as amended. As a result of that research, the undersigned applicant cert¡f¡es the folfowing (Please inítiat on the btdnk line next to the statement that occurotely reflects the result of research): - I 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 Mailins Address of Mineral Owner I acknowledge I reviewed C.R.S. I 24-65.5-1OL, et seq, and I am in compliance with said statue and the LUDC. l/-a -t re Date MTNERAL RIGHTS OWNER'S AND ADDRESSES (SHOWN ON RECORDED CoNVEYANCE r NSTRU M ENT) Bob Hasselbush P. O. Box 100 Lexington, Texas 78947 William Hasselbush P. O. Box 6L Jamestown, California 95327 Arnold R. Allen & Estate of June Terry aka June M. Terry aka June M. Allen No Address Provided Donna A. Gieser No Address Provided Lana Arleen Scott No Address Provided June Aleta McNamee No Address Provided Susan Alatia Powell No Address Provided McClung Trust dated April 6, 1987 4200 Summers Lane, No. 58 Klamath Falls, Oregon 97603 Flat Tops, LLC 86 Rose Lane Lakeview, Arkansas 72642 Frank Deyoe Green 118 8th Street NW; P.O. Box127 Beulah, North Dakota 58523 Thomas Lee Wisdom 6830 Corntassel Drive Colorado Springs, Colorado 80911 Leslie D. McPherson and Jeanne L. McPherson L859 County Road 344 Silt, Colorado 81650 Paul Bagley 1073 County Road Silt, Colorado 81650 Marylee Hoaglund L0876 Melody Drive Northglenn, Colorado 80234 Barbara Wiles 101794 Green Court Westminster, Colorado 80030 june Bagley 540 Crawford Lane Palisade, Colorado 8L526 Janice Marie Matticks Living Trust 2718 East Yucatan Court Grand Junction, Colorado 81506 Kenneth W. McPherson 1055 Main Street Meeker, Colorado 8L64L Clifford E. McPherson 41 Red Feather Drive New Castle, Colorado 8L647 Donald L. McPherson P.O. Box 922 Meeker, Colorado 8L64L F&CMcPhersonLLLP 10351 3100 Road Lazear, Colorado 8L420 D&LMcPhersonLLLP P.O. Box 233 Craig, Colorado 8L626 Pollvogt Garfield LLLP 9324 Paseo Palo Verde Casa Grande, Arizona 85222 Charles Allen Bagley 627 North Happy Valley Road Nampa, ldaho 83687 George E. Bagley Deceased See list of 12 grantees in attached Special Warranty Deed Recorded as Reception No. 857873. lG & MR McPherson LLLP 5442 County Road 203 Durango, Colorado 8130L Michael Warren McPherson 21L03 State Highway 11 Barnsdall, Oklahoma 7 4OO2 The Meisner Revocable Living Trust Number 40 Blackburn Place Venturâ, California 93004 Nancy Joyce Bird No Address Provided Robert Daniel Raley No Address Provided Phyllis Anita Pollard (Scarrow) No Address Provided Bonnie Pearl Hess No Address Provided Errol Rufus Raley No Address Provided Mary Romana Patch (Walker) No Address Provided Rufus Craig Patch No Address Provided Vernon P. Dedisse, Jr. 34 Cornell Longmont, Colorado 80501 See list of 7 grantees in attached Personal Representative's Deed Recorded as Reception No. 752357' Dixon Water Foundation P.O.BoxL77 Marfa, Texas 79843 Discovery Foundation 6060 N. Central Expressway Dallas, Texas 75206 Gounty Project Name ë¿- l2a^n ¿lJ e rT7 tt<Þ fZ S.;€Dt lrr srôll\ APPLICANT (or Applicant's Authorized Representative responsible for paying GGS-review fee) Name ,lf eEt- Q- tz l'Ju-**¡sr¡zr Ë--'t> Address P. o l3o* i? S ¡¿;r (o ,€l sÀ. COLORADO GEOLOGICAL SURVEY SU BMITTAL FORM FOR LAND.USE REVIEWS âour,.to Date l/'}-E.a.;>L (q ?ò t+('r,,t r ,^,NoPh. No 1¡ll 14, 12, or /4 /4 _ Section(s) Township_ Range Dec Lat Dec Long Small Subdivision (> 3 dwellings and < 100 acres) Large Subdivision (¿ 100 acres and < 500 acres) Very Large Subdivision (500 acres or more) Very small residential subdivisions (1-3 dwellings and < Reviews for Municipalities Special Reviews School Site Reviews. . . . Revieu¡s for Counties FEE SCHEDULE (effective June 1, 2009) 100 acres) GGS 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) (Ð (Senate 8il135, 1972). 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. 24-65J1,- 101 et seq. (House Bi11104L,1974) and C.R.S. 34-L-3A1. et seq. (House 8i111529,1973), respectively. Local-government agencies submit proposed subdivision applications and supporting technical reports to the Colorado Geological Survey " ...fot 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 1-984, 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 plary 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' 1500 lllinois Streèt, colden, CO 8040'1 ' Ph:303-384-2655. Email; CGS-LUR@m¡nes.edu. ColoradoGeologicalSurvey.org created 3/'16/98, revised 1 1 121 12013 EXHIBIT EL RANCHO MINOR SUBDIVISION 25,0 500 I inch = 500 ft. A PARCEL OF LAND SITUATE IN SECTION 10, TOWNSHIP 6 SOUTH, RANGE 92 V/EST OF THE SIXTH PRINCIPAL MÐRIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO uu$ot SUEp4¡ s + ^*, %q a N SILT, CO 8t862s?orT-Kot türTIcE; ßORÐtt# N COØAAÛO UJ vdt nßl rVYrErêt 1ry !,&-4L,,-AiJîioú DtsED arparrn tÙr DEFñI Iìr îEßt gußvtr rrlEIN îq411 t{.¿,l!,tiqtn w¡ ilßr Drslrr,ntD gInE DEE . rN ,Ð ,rtÙn v/r aNmir us¿n UNN tlty DE út In ?E tt slrîçtf D, contñED lQLl¡E/x îiN y?tÆ tÐr tE Dtrt oF tnt cEHIìIctîroN g&urÍ E ßtotr DATî,: 12/t6/22 JOB NO. 19055 CüLORÅÞS Divisicn of lilatcr Resauree* lJr;rF.3rt¡rlr¡¡il r¡f ld¡1ur¡rl h:ìfùrJ:r-{ì:f \I¡ELL FERÀ¡TT HU}IåBER RECEIPT HUMBER 3 r3147- 95t4s53 {¡RlGlHÄL FERtì{¡T APPLICÂNT(S} HORTENCIÀ RUIZ JOEL RUIZ FERÀiIT TO CO}ISTRLICT Â HEW Y{ELL APFROVED WELL LO{Áf,IOH Water Divlslon: 5 Wåt€r Distrlrt: {5 DsslgnâTsd Basin: N/A Månãgêm€rTt Dlstrirt N/A tounly: GAFFIELD ParcelNâmå: N/A PhyslcålAddress: TBD TOUNTY RÛAD 3S1 ÊlLT, CÕ 81Ë54 SW 1/4 SW 114 Section 10 Township 6.0 S Fange 92.û WSlxth P.M. WÊll to be constructed on spe*lfled tract of land 1l u 3) ISSUANCE OF THIS PERIAIT DOES NOT CONFER Å WÅTER ÊIGHT Ç0 NtrTIolE q.LÅPPR0VAL ThB wçtt rhatl be used in such a way ä5 tð råusë no nuterial inj ury to existing water rights. The ls3uånce ûf thts perrnit doer not êrËurÈ that no inJury witt occur tû another vested wåtër right or preclude another owner of ä vested water right from seeking relief in a civiI court action. The constructþn af this v¡ett rhatl be in canrptiance with the \r{åter Wê[[ f,onstructi:n Rules ? CCR 4tZ-?, unlesr approratof a vår¡åncË har been granted by the 5tåt€ Eoard af Examinem of l{ater We[tComtruct¡ün ard Pump lrxtalhtion {ontËrtrß in accsrdance \¡Jirh Ru[e 18. Àpproved puneuånr ro çRS 17.92-t0?{lXb}{tl}{Å} as the cnly r.lletIsn ã trãrt of land ú 37.42 acres d€scr¡b€d as that portion of the 5V{ I l4 of the 51tt' 1/4, 5€c. 10, Twp. ó 5, Rng. ç2 W, $ P.Á¡t., Gadietd {ounty, more parlicularly described on Exhlbtt ¡{ in the well permit file. The usë of ground wåter frtrn this uætt is t¡mirÊd tü fiË protêct¡Õn, ürd¡nãry tror¡ehotd purpocës lruide not nnre lhan three {3} singte, f*mily dwetlinp, the watering of poutrry, domest¡c aninuls and tivestock on a farm or mnch and the ¡nigåt¡Õn üf not rr¡orÉ thðn one {'f } acre sf hffRe gardens and lawns. The pumping rate of rhb vvettsha[ not exceed 15 GPM. The return flow from dre use of this !vË[t must be thrnugh an individual waste water dirporat slrtem of the non*vapoËt¡vq typë where the water b returned to the såffìe strÊåm rystem in which the well b located. Punuðnt to Rule 6.2.3 af thê lryäter W*[ f,onstructitrr Ru[€s, theu¡e[[ cÕnstructþn contractorshaI submit the ar.bultt v¡ell location on t¡ork reparß required by Rute 17. 1 within 6û drryr of cornpletiut of the wel[, Tlæ nreasurcd toc¡tian must be åccurãte tû Iû0 fe€t of thÊ trÌ.ual locatlon. The location infarrnathn must include å GP5 lÕcãthn {UTÅ,t coordinates} pursLrðfit tÕ rhe ûivision o f l{ater Res.ou rces' guil* lÍnes. NOTE: Parcel ldentil¡cãt¡on Number { FIN }: 2 3-11 79 -l û3-00"{)01 NOTE: Ås,sessor Tax Schedule Number: Rt84??0 NûTE: This p€m¡t wiI expire rn thÊ exp¡råtiÕn dãte unlers the r¡¡elI i: constructed by thåt dåte. Â Wê[[ CÕnstrt¡cthn and Yield Est¡rT¡¡¡te RëpÕrt {GS¡5"31} must b€ submitt€d to thÊ Div¡s¡ûn rf Watër Reources tt \Erify thÊ welt has b€en constmctÊd. An exterrlon of date may be available. Cûnttrt the DWR fûr ådd¡t¡onal information or refer to $e exteruhn request form / /v¡#w. wã tÉr. sliÌ[Ê. cü. ue 5l ltÉ 'Þ ':r--:-¿-þ"r--rt'Date ls¡uod: Explratlon Date: 4J29t2ß19 4t¿Ei2tL1 lsrued Ëy DWIGHT WHITEHEA$ Printed tl4-H.1t}19 Frr questfons ¡bcut this permit calt 103.8óó"1581 or go to www,water.ståte.co,ug Page 1 of 1 .STEST DIVIDE W"{TER CONSE RV,{NC\l DISTRICT March 17,2022' fllS'lìrughcntirugh Blvd., Suire 101 lì(),:lìox 1478 Rifl c, Coloratlo I I 650- I 478.rcl: (970) 625_j46t Wcb; www.rvdrvcd.org E.nrril: watcr@wdwcd,org Re: Application to Lease Water Dear Mr. and Mrs. Ruiz, Enclosed is approved Water Allotment Contracts #220317WH#1(a) and220317RJH#3(a) in Glenwood Springs. A totalizing tlow meter must be installed and maintained in good working order. In September, V/est Divide requests an annual reading offhis meter. Non-compliance with measuring and reponing requirements are grounds for cancellation of this contract. which could result in action by the Colorado Division of Water Resources to curtail further use of the wcll. Sincerely yours, , WEST DIVIDE WATER CONSERVANCY DTSTRICT l/iiìfl^/vl Keenan Enclosures Division No. 5 Water Resources Colorado River Engineering Dircaors; Sarnuel lJ. Potrcr Kclly Couey ltich¡rd L. McNe ill llrucc E. Sfanrpler Dan R. l-l:rrrison '-:?'* * rilDST DTVIDE \ryATER CONSBIìVANCY DISTRICT APPLIC.,\]IION TO LEASE WA]'EII, lilS Taughcnlraugh lllvd. #101, P. (). llox I478, l{iflc, Cû 81650 970-ó25-5461 $,xtÈr(rlwd\\,cd.Drg l. ¡\PPLICì¡\NT INFOII ,TION Na¡¡e; Mriling Tcle Enrail 2. COUR'I'CASll #s: Dccree Cirsc No. Augtnerrtation Plan Ca.so No CONTRACT #: 22031 TRJH#1 (a) MAP lD #: 766 ÐATE ACTIVATED: 3117 122 s. Loc¡\'t'IoNor¡srpgcru¡E Pa..u\ ++ â.l"q(t iÞ3c¿'' ña Cotttrty Oua¡1er - ,- 6th Section Torvnship Distancc olrvcll l'ronl seclion lincs; lìirnge fþffi \\¡c l l lncar i o¡r add rrss : *l*9" Þ **¿e¿d::y *:4Jà __{-l_L_*:g_1¿'r l¿¡ 9\_L5Þ. . --" {sl t t n r:h n dd i t i orntl pa g*.þr nntl ti pl e s t ruc* rcs ) (¡. I.AND ON WIIICII \Yi{t'lllì WILL ltE UStID <l L'nar h¿ províde¡l allachnrcm.) rr*untbcr of acres i¡r lriÌct z P. ìvl 3. USD OF W¡\]'lllì RESÍ DE¡i1'tÀL A .4 Nr¡nrber of ¡nnin rc.sirlcnces: ^'1 _ No. Al)U's J- Sutrclivision: Nû. constructod units;-- Ntl; vauanl lots -*'Hornc gardcn/larvn ilrigation ol * I Ü 7 ÔD *-- tctol -rq. l-t. Mcthod uf irrigation: lloorl_ spriuklcr' ¡( othur N,rn-conrnrclcial n¡linl¡l rviñrg'ttr Ç'-- arrirnali- Itrirc I'rotection Ë Ëva¡lolation: Ir.faxi¡¡r¡nr u,¡tc¡ surlìrcc lo lre cx¡roserl: Description olany usc, othcr thun cvrporatiol. antl u¡cthod uf divcrsion, ¡ate ofclivcrsiou, auti anuual arnourtt t¡ldive¡sion <ll'auy Ittclusìon ìt¡to the Dístricl, a1 tlpplicuntts c.tp¿trs1 nwy lro t'utrtt',,u0. 7.'TYPE OI.' SB}VAGD SYSTTiIVI Scptic rank/atrscr¡rion leach fiekl_Þl Ccrrrrnl Systern-.-_ Othcr.-_ l)islrict naurc: 8. VOLrtiltì OF t.E,\Srit) \ï..t'l'ER NFltillED tN,\cRË FEE'I': (nrininrunr ol I asre ftrot excepf rugmcrtiltion lronr Alsbuly Rcsr:¡'voir rvhcre l lusscr rrnount is allorvedj ott'nsr wells ¡¿usf be subnittcil, If' nusÍ he nudc nnier a /tottt¿trtt'tu:ts rvatcr *'ithdrirr,vn fìorn the porrcl ll'ell Shuríxg .,lgrcenaut.fbr rnnltiple grealcr lhiln lt o or\tt:,\\, applicutíon associntíou, COil,IiIIßIìC:I¡\L Nunll:cr of unifs:'fotal st¡. fi. o{'courrnr'rcial uníts: Dcscriptíon r:f use: INDUSTIìIÁL Descliptiorr of use Dyltporation: Maxirntun rvak:r su¡1Ìrco to lre r:xposetl Descri¡rtion of-rny u:ic. other thîn evaporatiort. a¡ril nrcthod ol'rliversiort, latc ol divqrsiou. anrl r¡rnual ¡niount ol dii'crsion of att.v water withdrâ\vrl lio¡u thc pouil: .-...--'-'-'.---'.-_ DIITBC'f PUS,IPING Tributrr¡: Localion: 4. SOURCI' OF W^',l'rì¡r S trr-¡ctt¡re Structu¡c Nan¡c: t /3D Sourcc: sufthce__- stof¿lge_ grottnclrvaler_ Currcnt Pernrit #(lttach copy) l\ttviile cngÌneering ilam to support yolutnc o.fu,tttct,requastctl. Connettinl, nauiúpal, onil íutlt¡:;lt'i¡tl uscx; ,tutsl 1t,.a\i¡d.! tli,¡,orsîott unil Ønlsrîntl)lit'c tldtil on ü r,,onrhly [)ß¡:t, :I ttntizing.flott netu with renot¿ reodout is ru¡ulrctl to he ínstatlul auI usagr rc¡sorle¿l lo ltl:st Dh,itlè. ,lpplicant tr'pressl,¡,ucknowlctlgus it ltnt hul lhe o¡4tnrlunit¡' to ,'('r,i.'tr tltt Distrìct's.fottu Il/tter ¿Illotnt¿ttI Conunct atrd ugrees this øpplicntion is rttutle putsuatrl ûnd silhjrc¡ it lhc ter,tts nul conditious tonfainal thut'itt. Applicant Signature ,Àp¡rlicaticxr Drtc:*-* rs.sunD As ¡\lì.tìA tì c()¡i l'rìl\c'r vl:S b<- NO Ironn : \\:I)WCD :tll.t APPt..lCÀTlt)N EL RANCHOMINOR SUBDIVISTONSection 10, Torvnship 6 South,ÀCountyì'hd,ñ6øffi*fr€F¡¡]a:ÂlÉ (iË bcô¡d^rrtr Àr rt r¡s x¡ ßrtr..t {raî.i)*Mrspt)À}tî$ rn:ft n4f À1t:ilirltlrf,jÀðJ!ftlrsûEúûr.la¡dM*i CONTRACT #: 2203 17 RJH#1 (a) MAP lD #:766 DATE ACTIVAIED: 3117 122 WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT C'ONTRACT Nanrc' ol'Ap¡rlicant:(> Quantity olWatcl'in Acrc FeLìt:t.N ,Applicant, hcrcby lpplics to thc \\¡csl Dividc \\¡atcr Conscrvancy Distlict, a political st¡btlivision of'lhc State olColoradrr, rrntl the ¡rtlaeheel Application, Applicnlt ltercby agrc'es to tlte fullorvirtg letttls lurl conrlitiorts; l. Wqlcr_llir¡hts: Ápplicantslrrllorvrlrvatcr'rightsal lltcpointoftliversiortltclcirllrvlullventitlingApplicanttodivclt ?. Q_Ujit1tlv:-Wltcr applictl for by the Ap¡rlictnr in lhc itnxx¡nt sct frrrth abovc shall bi: tlivcrtccl rt Applicant's poiut of lccoltlancc rvitlr such noticc. Ilatcs shall bc acljustcd accorclingly iu l'tlllorving water ycat's only, l. Bcncfici¡l U¡cjurtl l.,ocation of Bcnclìciill Usc: Anv ¿utd rrll ryatcr allottcd i\ppliclrr{ bv thc Distlict shall be uscd l'or ullottcri slrull bc rvithin or through l'¡cilitics or upon land ou,ned, lcasctl, opcratcrl. ol untlcr Ap¡rlic¡r¡rl's control, 4. ll¡qlgçrtrl]llDllrcIy-Exchange rele¿rscs nradc hy the Distlict or¡t of storage tìnrn lìucdi ftescrvoir'. Grcen Mountaiu 1 Applicant shall give the District written notice of such intent. In the cvcnt thc Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under Paragraph 19 below. In any event, the Dishict shall have the right to approve or disapprove the Applicant's augmenlâtion plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof. 6. Contract Payment: Non-refi¡ndable, one time administrative .ù".9q in the amount determined by the Board of Directors of the District from time to time, shall be submitted with the application for consideration by the District. Annual payment forthe waterservice described herein shall be determined by the Board of Directonofthe District. The initial annual payment shatl be made in fi¡l¡, u,¡thin thirty (30) days after the date of notice to the Applicant that the initial payment is due. Srid notice will advise the Applicant, among otherthings, of the water dclivery year to which the initial payment shall apply and the price which is applicable to that year. Annual payments for each 1æar thereafter shall be due and pa¡rable by the Applicant on or before each January l. lfan annual payment is not made by the due date a flat $50 late fee will be assessed. Final written notice prior to cancellation will be sent certifïed mail, rctum receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set forth in this Conhact or Application. \tfater use for any part of a water year shall require payment for the entire water year. Nothing he¡ein shall be construed so as to pr€vent the Dislrict from adjusting the annual rale in its sole discretion for ñtture years only. tf payment is not made within fifteen ( l5) days afìer the date of said written notice, Applicant shall at District's sole option have no further right, title or interest under this Contract without further notice, and delivery may be immediately curtailed. The allotment of water, as herein made, may be transferred, leased, or otherwise disposed of at the discrttion of the Board of Directors of the District. Upon cancellation of this water allotment Contr¿ct with the District, the District shall notify the Division of Water Rçsources ofüces in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of all water use. 7. Additional Fees and Costs: Applicant agrees to defray any expenses incuned by the District in connection wilh thc allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incuffed in connection with any rvater rights and adjudication necessary to allow Applicant's use ofsuch allotted water rights 8. Assipnment: This Contract shall not inure lo the ben€fil of the heis, successors or assigns of Applicant, without the priorwritten consent of the District's Board of Directors. Anyassignment of Applicant's rights underthis Conhact sht¡l be subject to, and must comply with, such requiremørts as the District may hereafter adopt regarding assignment of Contract righs and the æsumpfion of Contract obligations by assignoes and successors. Nothing herein sholl prevent successoß to a portion of Applicant's property from appllng to the Disrict for individual and scparate allotment Contracts. No assignment shall bc recognized by the District except upon completion and filing of proper forms forassigrrment and change of ownership ln the event the wateÉ allotted pursurnt to this Contract is to be used for the benefit of land which is now or will subsequently be subdivided or held in separate ownership, the Applicant may only ossign the Applicant's rights hereunder to: I ) No more than threc separate owners all of whom shall be party to a well sharing agreement satisfactory lo lhe District; or 2) A homeowners association, water district, water and sanitation district or other special disrict properly organized and e,(ist¡ng under the laws ofthe State ofColo¡ado, and then, only ifsuch pafies, association or special district establishes to lhe satisfaction of the District that it has the ability and autlrority to perform the Applicant's obligations under this Contract. In no event shall the owncr ofa portion, but less than all, of the Applicant's property to be served under this J Applicant's valid well permit befo¡c District is obligated to deliver any water herçunder. 17, Measurinq Device or Meter: Applicanl agrees to provide, at its own expense, a measuring device deemed acceplable by the District's Engineer afler consultation, or a totalizing flow metcr u'ith reÍiote readout to continuously and accurately measure at all times gll water diverted pursuanl to the terms of Applicant's water right and the terms of this Contract, Applicant agr€es to ptþvide accurate readings from such device or melcr to D¡str¡ct upon District's rcquest. Applic¿nt ôcknowledges that failure to comply nith rhis paragraph could result in tegal ¡ction to terminate Applicantrs divcrsion of water by the State of Colorado Division of Water Resou¡ces, By sigrring this Contract, Applicant hereby specifically allows District, through its authorized agent, to enter upon Applicant's property during ordinary business hours for the purposes ofdetermining Applicanfs actual use of water. 18. Representations: By executing this Contract, Applicant agrees that it is not relying on any legal or engineering advice that Applicant may belicve has been received fmm the District. Applicant further acknowledges that it has obtained all necessary legal and engineering advice from Applicanfs own sources other lhan the Dishict. Applicant ñrrther acknowledges that the District makes no guarantees, warranties, or assurances whatsoever about lhe quantity or quality of wåter available pursuant to th¡s Contract. Should the Dishict be unable to provide the rvater contncted for herein, no damages rnay be assessed against the Districl, nor may Applicant obtain a refund fiom the District, 19. Costs of Water Court Filing and Auqmcnlation Plan: Should thc Disrict, in its own discretion, choose to include Applicanfs Conhact herein in a water court filing for altemate point of dive¡sion or plan ofaugmentation, then Applicant hereby agr€es to pay to the District when assessed an additional fce represcnting the District's actual and reasonable costs and fees for Applicant's share of lhe proceedings. Applicant shall be assessed a pro-þta share ofthc total cost incurred by the District in preparing, filing and punuing o decree the water courl casc. The pro-rata sharc shall be calculated by dividing such tolal cost by the number of contractces included in the filing. To the extent that the District is caused additional costs because ofobjection filed specifically due to the inclusion ofApplicant's Conüact in the filing, such additional costs may be charged specifically to Applicant and not sha¡ed on a pro-rata basis by all conhactees. 20. Bindine Aereement: This agrrement shall not be complete nor binding upon lhe District unless atached hercto is the form entitled "Application to Lease Water From West Divide Water Conservancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shall by this refe¡ence thereto be incorporated into the terms of this agreement. All conespondence fiom the District to Applicant referring to or relating to this agreement is by this refcrence incorporated into this agreement as furthe¡ terms and conditions of this agreement. 2l . Wamins lT lS THE SOLE RESPONSIB|LITY OF TIIE APPLICANT TO OBTAIN A VALID WELL PERMTT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RICHT INCLUD¡NC FILINC FOR EXTENSIONS OFPERMITS, FILTNCWELL COMPLETION REPORTS, FILING STATEMENTSOFBENEFTCIALUSE,OR OTHER\VISELAWFULLY APPLYING THE 1VATERTOBENEFICIAL USEON A REGULARBASIS WITHOUTWASTE. 22. AREA-B. CONI!¡ACTS: U: APPLTCANTS WËLL OR OTHER WATER RTGHT THAT tS THE SUBJECT OF THIS CONTRACT IS LOCATED OUTSIDE "AREA A" AS DESICNATED BY THE DISTRICT, THEN THIS PARACRÀPH APPLIES: THE AUGMENTATION WATER PROVIDED BY THE DISTRICT UNDER THIS CONTRACT MAY ONLY PROTECT APPLICANT'S WATER RICHT FROM A CALL ON THE COLORADO RTVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM AI.IY OTHER 5 S/est Divicïe Water Conservancy District-General Stored Vy'ater 8i8 Taughenbaugh Blvd. #101 P, O. Box 203 (9?0) 625-5461 Rifle, CO 81650 water@wdwcd.org We nûu: ¿iç^ccpt credil cards! Plcase relurn autftorizalicn fçrnr or fequcst ¡in clcctronic copy of 1,our invoicc to pay clircctly onlinc. 'l'o rcguesr an cleerronic copy, ¡rlease *mail your rcr¡ues! to rvatcr¡iri)wdrvcd.org. Total 826V.44, DATE & Hortçncia'Ruiz PO Box 37 silr, co 81'652 Please ref'erence the Invoice # on your check TUE DATE CTNTRACT#ÅCRE FEET RATE IDËNTIF¡CATION 2/W2A22 220317RJH#3(a)1 in/domestinc DËSCRIPTION QTY AMOUNT Colorado River Augmentation Plan Assessment In District Domestic rWater Use prorated I 9 140,00 14,16 140.00 127.44 Ïol8l conlractA¡rþrdûFìToûalC.U.(AF)TotdDlr,€rrloñ(AF}o.o70.070.070.'t20l!Ír0.300.&¡o27o2'l0.fi0.070.07l.9to.o10.010.010txt0.f30.180200.16o.120.040.0rSBJo-e5o.o10.01o.01o.050.!4o.1so.^0.170.i20.0.10.010.01tmPoridEvqoratlonIAFILhrosiockDlesnldl&c.u. fAFrlnlgladoì C.U.nFrlf?lgdon [rivofslon(AF)CommsrcHc.u. (AFlCdnm6nlalDhrðrslon (AElln Hoqsec.u. rAF!ln HousoOlvûrgþñ(AF}(,.(¡/0.060.0?0-060.070.060.0?0.070.060,07o.o€u.¡,l0.01o.ofo-olo.0f0,010.01o.0t0.0't0.010.010.010.12g.gg0.000.{x)0.000.000.(x)o.0o0.fl)0.000.æ0.q)0.æ0.00o.goo.(n0.000.00o.000.00o.mo.000.o00.00o.oftc.@0.mo.oo0.cxt0.000.040.14o.210.2¿l0.190.130.m0.000.q,0.980.000.m0.(x,0.ß0.120.1?0.100.150.100.G,0.ü¡0.00o.m0.000.000.00o.(xto.(þo.oo0.000.00o.000.000.(x)0.æ0.æ0.{þ0.000.æ0.000.o0.m0.000-(x¡0.m0.000.0!¡9!9o.7ÞsJz0.78Unlt Value:ln&Etlon C.U.IÂFìunllVal¡¡s:lílgsüonDluorslon nFl0.1090.37605550.613o.¡lEl0.3¡t{t0.0850:0870.301o.#0.4900.385o.2'n0.(E82.U72.550Conüæ{Amoüntlr,316 tr¡nslt Loss E1.00 scrËfoolOWELLING*,6¡¡gp¡¡sA(8QcoMMERCTAtAREA (sONO. OFïrenslt Losils5.0%ETEVAT¡ONCofihzct LocdlmCdüadorsülrAhùuyEVAPORIMONAREAJANFEBIIARAPRMAYJUNJULruGSEPoclNOVDÊCTOTAL(1)(2't(3¡(4)(5)G)8096lnl¡atbn ddøtcy for sprlnldBr sydcnlgglaney Crlddlå a¡sGssnont wilh Poctþp ed¡u8ürìdrlir350 ga[oûs Frdsy pcr r8ddenco15% cûrn¡Ípüw ues.ftr ISDS ltdemE2ül galþds p€r day p€r loln sq fr d cqnnsfdal spaco159G cÛlsl¡mpüvs usslbr ISDS sy3iêí¡s(7)(8)(e)(10)(11)(12'(13)Column (f ) ' Hgatsd úrôå h acresColr¡'llr (2)' lÍþded a¡sa ln s€r€suvodod(t¡sêtl 1lhtad p6r dey (SC!rJ:¡ãr)h'A3¡¡¡mÉqrrl' evaporatlon ar@ ln acr€gCdümrì (E + Cotutül ft) + Co&mn (0) . Cdumn {10) plus 596 randt lo3gcohmn(Ð + cdurt!| (8) + cofiffii (9Þ column (f0)Cot¡lln(12) plus 5%feßll 16'nÅ'.eprosdshes¿ &úffig afl atkJanetß, b fû.tte soþ ¡rsøof üp hteuÈd n#¿nßüd ntyrr/ifrfrrffiøtlþt a,/rd,fñdg8fldffiodtnødon.c¡ilors@_SlltMesa_Rf laJAlsòufï-ã¡l 72tænt¿¿ l,/#¡ ãrll itc";'. #,{ #'-n'" .#..Ë,ryt ,{:Ço" " r'jI/:4--"'' t'\'---,J {,üft,;i'r\.(Í/^^tt,ìf't IÇr¡t!:Nf-^¡' 'ffr1-.,&.\irdI irr ,. lrt¡Se,u*rfrILJ-'-$'_.J '+n*"åLJ¿',,rô{'fr+ ". "r,_ I :":fh ¡r ',¡¡ ¡t¡ tJ,lllf\a1., - l;;r ¡Ist'"fiaïlfêle5 deyft ;tri,r II1i. i L1; J Iôo .-,.,* ì-.1,{:.-l"r,uotrr,r-,^tr,,:.il ili'låJ Mounlain Reservoir shall be subject to the District's lease contracts with the United States Bureau of Re.clamation. Releases fhom other facilities available to District shall be subjecl lo the contracts, laws, rules, and regulations goveming releases therefrom, Furthermorc, the District hereby expressly reserves the right to store lvateÍ and to make exchange releoses from shuctures that may be buik or controlted by the District in the future, so long as the water service to the Applicant pursuant to this agr€emenl, is not impaired by said action. Any quantity of the Applicant's alloc¡tion not delivered to or used by Applicant by the end of eûch wat€r year (October I ), shall revert to the water supplies of the District. Such reversion shall not enlitle Applicant to any refund of payment made for such water. Water service provided by the District shall be l¡miþd to the amount of water availablc in priority at the original point of diversion of the District's applicable waterright, and neither the District, nor those entitled to utilize the District's decrees, maycalt on any geater amount 8t neìil or altemate points of diversion. Thc District shall request the Colorado Division of Waler Resources to estimate sny convcyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case. Water service provided by the District for properties located within the Bluestone and Silt Water Conscrvancy Disùich is providcd putsuant to Agreements with said Districts. The Intcrgovernmental Agreement between the District and the Silt Water Cons€¡yancy District, dated January 25, 2001, is recorded as Reception No. 575691, Garfield County Clerk and RecordeCs Ofïìce. The lntergovemmental Memorandum of Undenanding betwecn the District and the Bluestone Water Conservancy District, datcd April26,20Ùl, is recorded as Reception No.584840, Garfield County Clerk and Recordeds OfTice. Pu¡ruant to Federal f,aq the cult¡vât¡on of nrarijuana is illegal, The U.S. Bureau of Reclamation has dcclared it unlawñ¡l to use Federal water facilities for the inigation of marijuana or in fr¡rtheronce of thc cultivation of marijuana. The West Divide Water Consewancy District provides aug¡nentat¡on water to contraclees from Ruedi Reservoir and Green Mountain Reservoir, both of which are Federal water facilities managed by the Bureeu of Reclamation. Therefore, the West Divide Water Conservancy District will not conhact to provide augmentat¡on water from Ruedi Reservoir or Green Mounta¡n Reservoir for the inigation of marijuana or in furtherance of the cultivation of marijuana. Any such çontracts shall be deemed null and void. The West Dividc Water Conseruancy,Dishict owns or possessæ delivery co[tracts for other non-Federol water sources from which the District is ablc to provide augmentation water for the irrigation of marijuana or in funherance of the cultivation of marijuana. Should any contractee obtsin a wûter sllotment contract from the West Divide Water Conservancy District for the augmentation or irrigation of marijuana or in furtherancc of the cultiv¿tion of marijuana, any and all such 'water shall be dcemed to com6 from the non-Federal sources refercnccd above. i' 5. Altemate.Point of Diversion and Plan of Ausmentation: Decrees for altemate points of diversion of the District's water rights or storagc water may be rcôulred in ordcr for Applicant to use the water service contemplated hereunder. Obtaining such dÈcreo is the exclusive responsibility of ApplicanL The Districl rsserves the right to review and approve any conditions'which may be attached to judicial approvol of said alternatc point ofdiversion as contemplated or nocessary to serue Applioant's facilities or lands, Applicant acknowledges and agrees that it shall be solely responsible for thc procedures and legal engineering costs becessary for any changes in wrter rights eol¡templat€d herein¡rand further agrees to indemnify the District frori;any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obt¿in/divert the waters at said alternate point of diversio¡r and deliver them to Applicant's intended beneficial use. Irrespective of the amount of wateractua¡ly transferæd:to lhe Applicant's point ofdiversion, the Applicaútshall make annual psyríehts to the DisüictbaSedupontheamountofwaterallottedundeiitltisContract. :,, ' I- .' :.':-', ln the event lhe Applicant intends to apply for an alterhate point of divercion and to develop an augmentation plan and institutd legal pmcccdings for the approval of such augnentalion plan to allow the Applicant to utilize the water allotted to Appl¡cant hercunder, lho 2 Contract have any rights hereunder, except as such rights may exist pursuant to a well sharing agrecment or through a homeownen¡ association or special district as provided above, Upon the salc ofthe real pmperty to which ütis Contract pertains, Applicant shall make buyer awarc ofthis Conbact and proper forms for assignment and change of ownership must bc completed. 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act ofColorado; by the rules and regulations of the Board of Dircctors of the District; and all amendments thercof and supplements thereto and by alt other appticable law. 10. Operation and.Maintenance Aqr€ement: Applicant shall enter ¡nto an "Operation and Maintenance Agreementn with the District under tenns and conditions determined by the board of Direclors of the District. if and when. the Board ofsaid Dishict detennines in its sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for additional annual monetârycons¡deration forextension ofDistrict delivery services and foradditional administration, operatior¡ and ma¡nteûance costs; or forother costs to the District which may arise through services made available to the Applicant. I I . Chanee of Use: The District rcserves the cxclusive right to review, re-approve or disapprove any proposed change in useofthew¡terallottedhereunder. Anyuseotherthanthatsetforthhereinoranyleaseorsale oflh€waterorwaterrightsalloiledhereunder rvithout the prior written approval of the District shall be deemed to be a material breach of this Contract. . 12, Use and Place of Use: Applicant agrces to use the water in the manner and on the property dcscribed in tlre documer¡ts submitæd to the District at the lime this Contract is executed, or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water r¡ghts hercin, other than as permitted in paragraph 8 above, shall be deemed to be a materi¡l breach of this agreement, 13. Title: It is understood and agreed that nothing hercin shall be interpreted to give the Applicant any equitable or legol fee title interest in or to any water or water rights refened to herein. 14. Consgrvation: Applicant shall use commonly accepted conservation practices with respect to thc woler and water rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or cont¡olled water or water rights. 15. Restrictions: Applicant shall rcstrict actual diversions to not exceed the contract amount for ordinary hctusehold purposes,.the wotoring of domestic livestock, fire protection, and the irrigation of lawn and garden as specified in the Application. Applicanl shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Watering of livestock shall be restricted to Applictnt's domestic animals not to be used for commercial purpos€s unless Applicant obtains approval from the Colorado Division of Water Resources for commercial use,/l¡vestock ìvatering, provided that in no event shall actual diversions exceed the amount ofwater provided by this Contract. Violation of this paragraph l5 shall be deemed to be a material breaoh of this Contract. Well Permic lf Applicant intends to divert througb a well, lhcn Applicant must provide to Disnict a copy of 4 t6. SENIOR RICHT. NO RNPfìESEN'IA1'ION OTI.IERWISI IS MAD[ ßY TIJE DISTRICT. IF TI.IIS fS A CONCERN 1'O APPLI(IAN'I" THIS CONTRACT MAY IJÈ RI]SCINDED UPON !VRI]'1'UN NOTICE DTLIVERED TO:TFIE DISTRICT BY THÈ APPLICANT WIT}IIN THE NEXI'30 DAYS-FOLI"OWINC THE AIIFIXINC OT SICNA-IURIS ON THIS CONTRACT IN Wf.IICH EVIJNI'^LL SUMS PAID BY APPLICANï I'OR TI{IS CONTRACT SI.IALL BE IMMEDIATELY RI'I?UNDtsD']U Applicant STATE s5. ) l )cüuNrY urGg/.*;,qt¿, ins{rurncnt *.as acknol,lcrigerl befiore rne on ,¡¡, å1 - ¿ny Witness rny hand antl otÌìcial Myconunission expires: Notary Public PUBLIC COLOHADCI z&-, uy ôs ?¿tZl STÁTE C]OIJNTY The forcgr:ing arld oifici¡l seal. lvly cor.nmission cxþircs: - Notary Putrlic ORDER Application bc granteil rrnrl this Cont¡'¿rcl shall be and is acccpted by the District. WÊSI' DIVIDI-] WATI.:R CONSERVANCY DISTR fC'I Presidcnt ATTEST: -on tltis - dav ol-. 30_. bv By 7 ltZ f* Sccrctnly Dafc This Contr*ct includes antl is subjeet to lhc tenïs ald contlitions of the fbllorving decunrents rvl¡ìch must Írccornp¿uy thi¡i Conl¡:¡ct: l. Map showirtg locntion ol point of tliversion (ttse map plovidcd) 2. Applicalion aud Dat¡r liorm lully cr:rn¡rlctcd antl signctl l-orm: IVD\VCl) l¡t -t,l-0ll CONT'R.,tCt". 6 795361 12lO7l2O1O 04:17:59 PM Page 1 of 10 Jean.Alberico, Garfield County, Colorado Rec Fee: $56.00 Doc Fee: $0.00 eRecorded EÁ$BMßNT ¿I.GREEMENT TIIIS EA$EMBNT AGÏDEMPI{T f'Agreernent') is made and entered ¡nto this 26Iþ day of ._.Nove¡rÞ-gr ., 2010, by and betv'¡een THE ÐIXON ìttATER FOUNDATION, a Teras nonprofrt corporation whose addrcss is 6060 North Ccstral Erçressway, SultË 305, Þallæ, 'fexas 75206 ffirantor') ¿nd the TOWN OF SILT, COLOITADO ("Grånt€c" or thÇ "Town'), a Colotado nrunioipal coqroration, whose addrrss h P,O. Box ?0,231 N, 7ñ Strcet, Silt, tolorado 8t652. RECTTALS For good and valuable considelation* the recelpt wherBof is hercby acknowledged, trnntor hereby grânts to the Towrt, ils strcceosors and assigns, a nou.exclusive thirty foot (30') wide Easement for the pc$îanent riglrf to ÊtrtÊr) rç-enter, occrlpy and use the hcreinâft$r described pnrperty to cnnslruct, maintain, ropair, replace, rsrnove, and operate a roadway and undergrorurd utilities in, ttunugh, over'and acros.s the following described parcel of laud situatq Iying and being in the County of Garfield and Statsof Colorado, to wit: An oascn¡snf extending fiftesn füct (15') on either side of the centei'line desuibed in Exhibif Á (?rtper{y'), a{tached lreflsúü and mado a part hotcof as if frrlly set fotú heflein NOW TÍJEREFOR-E, it is hereby mufiully covenantcd and agreed by sr¡d befwoen tlrc parties horeto as fullowsr The Da¡ement granted herein is äpptrtenant to the Town-owned pÍoperly described on Exhibit B (ttre 'nTown Properfy'). Tho Town shall havc and cxersise the rÂght of ingrcss ald egress in, to, ovÊr, tfu'ough aud aprsss f'he Pmperty for the full use of the Easemont provided for herein, The purpose of tlre Easçmu$ is to provide âcce$s and uRdergrnutrd utílities thmugh ürantof'$ ploperty fi'orn County Road 346 to the Torpn Properf, Ths ßcope of the Easement shall inolude ingress, Õgrtss and aocees togothsr with underground utililies to sërvice the Town's agúcultural,:öpen space, and ¡'ecreafíonal facilities on the Town Fropotty togefher wíth urrderyround water and æwer utilitios owned by ftæ Town üo scrve ofhër pmpertíes l. The Towrr shall have the rtght fo cut, lrim, control, and reurow lrees, brush and other obstructions, and t0 relocÐte dminage or inÍgalion facilitlçs within the Property which in¡iure or intufere with the Town's use, occupation, or eqioyrnent of the Eascmcnt. If ths Town expnnds the footprint of tlre exísthq roadway and assosiated dtainage façilitíes withí¡r the Property cr prcposes underground ufilítieg the Town shall provide Grantor with pruposed plans for ¡ucli work for íts review and apptoval, which approtal shall not be umeasoÐåbly withheld, prior to commencíng the wodc trantor shall have thiËy (30) days tro approve said plarrs at trantor's exp$Ne unless objection ls rec,sived within thirty (30) days plus arc deemed appmved. All work within tke Property shall be completed at the sole expeuse of tho Towrr. 2. ' Aûer consfruction, repair, rnplacement or enlargement of any facilities willlin thc Property, the general sur&oe of fhe grcund shall be l'e.çtored as uearly as reesonably as csn bo 795361 1210712010 04:17:59 PM Page 2 of 10 Jean Alberico, Garfield County, Colorado Rec Fee: $56,00 Doc Fee: $0.00 eRecorded done {o thç grade and sondition it wqs ïrr immediateþ prior to oot)struction. Topsoil thall bc replaeed in cr¡ltir¡aæd and agticrlhnal arcas, and any sxc€s$ sarlh r'€sult¡ng from installatÍon by ihe Tou'n shall bs rcmoved fronr tho Property at tlre expense of thc Town. All irrigilion arrd dtaìnagr ditchss shall be repaired and replacod to allow for coutinucd delivery of water ill the ilanûer as cxisted prior to any Town constrrætion 3. ûfantof retains the right m ilæ use and occupancy of tbe Prop+tty i¡rsofar as such use and occupanay is consistçnt with thc tsms of this Â.grcerænt and does not impafr the Town's uss of the Easement, Grantor's rights sball includc the ríght to use the asocss ¡o¡d constructed by the Town, including a part of an integrated ¡rânsportation syshem for Granfor's Property. 5, Maintenancç of thc roadway and drainage facilities within lhe Easçment stmll be the lesponsibilþ of the Town. In the event that ûrantor's use of iß propërly adiacent to the roadway changes f¡'o¡n resouroe and agriculurrl, the pafiies egrce to enter ínto a cost sharing agreerßsnt describing their muh¡al obligations for ¡naintcnance ofthe roadway ät that timÊ. 6. The partics agree and acknonledge that fcnce lines loúâted in the vioiníty of lhe E¡semcnt are for convenienûë only aud are not intcnded to designate tho legal boundalies of tlre Easement, '1, In tlre 6vÊnt fhât fufure development plons for trantoros properly over which the eû$eflrent is grarrted confliot with the cuHent location of dre Basement, Grantor nssérves the right to relocaie the easernont to a rcasonable altemate location, rubject to approval of thE new alignment by thc I'o.wn, whioli approval shall not be ur¡ensonably witlrhcld. Crantor resffvcs tlre right fo uso tho roadriay within the EaseÍrent as parf of an'inlegffited transportation and utility sysfcrn for fi¡tu¡e dovalopnent of Gt'anf,or's p¡operty. In tl¡a cvent the Easemcnt ls rolocated, Grantor agces to Bränt r revised sâseme$t deed to ilre Town a¡¡d record suoh easoment in the public records of Gatfisld Coung. Àny costs of physically reloceting the roadway or connecting new roads fo the rondway sl¡al[ be boine by trantor. 8 Cn'åntor warlants that it has frrll rÍght and lawful authorïty to make the gratrt horein contained, and prnmíses and agrcer to defe*rd the Town in the Exereise of its tights hereunder. L Tlle provis¡ons of thls Ëasemcnt Agreernent are sevcrable. Illegality or unenfslccability of any provisian herç.ín shall not affeot the validity or enforceability of the remaining pþvisions in this Agreement. 10. E*ch and evçry ûnÊ of the bÞnefib and burdsns of this Agreernent shall inure to and be binding upon the rc.spective legal reprcsentatives, hcir¡, executorc, adminittrato¡'u, sr¡ccËr¡sor$ and astigns of fho partìes hereto. In the event any pârty hercto or ils successor 0r assign seeks to enbrce its lights lrsreuffler liutugh litigatioA atbitrafion or othcl adnrhistrative proceeding the non-prevailing party shall l¡e r+quhtd to pny lhe rêãsonable attorney fess ffd 2 795361 12lO7l2O1O Q4:.17:59 PM Page 3 of 10 Jean Alberico, Garfield County, Colorado Rec Fee: $56.00 Doc Fee: $0.00 eRecorded ll. Thc Granlor'r'esecvee tb rlght to grnnl fruther caaflGnt ¡ntqroefs ia tho lropøty to othcr utilitios and gtrnûces lf tlç lown's ridrts to th uæ of lho Easüüront ïlll not bc uraûatally iurpaired by such grant 12, flús Earein€üt Ág[Gcnont sh¿¡l bÊ eonshï¡Gd in acoordsncc with fho l¡ws of llro $tate of Coloedo. In tho ¿vent of aly diryrE ovor thÊ AgrcærËürfe teru and condifions, lbc enclusfus vcnue and jurirdiulon for any lltigalion ari¡hrg h$suildæ shâll be In iltq Dtsldct Court of Garñekl Courty, Coloredo 13. Untcss rpoclat¡uovldurc nç ffitr¡dh¡¡sto, tln sbo\Ë mð @efqg comtih¡e ths a*lrc sgreorüsût boÊwçcn ths pntlce sd uo addltlon¡l or rtlflìnent ssl r€proo€ûffiiris, ¡'romise'or agroornent *tâ11 be bfuding cn arry of thcpattler htt*q with qÊspûct to thc zubjæl mattcr of this Agrecrnsnt AOREED TO by the Parttcs, T}!EDDION FOT]NDÂTION By: Robarf Potu,hesítlent By: TIIB TOÏfN OT STLT, COI,ORAÐO ÐBvid G Moo¡ç, Mqyor ATTßSN TownCle¡k 3 795361 1210712010 04:17:59 PM Page 4 of 10 Jean Alberico, Garfield County, Colorado Rec Fee: $56.00 Doc Fee: $0.00 eRecorded oo$ts ofllË prevailing perty as part of any judgmenü ordor, or award: 11. The Grantor r€s€r¡tes the right to gtutrt f¡rther easernent inùerests iu tlre Property to other r¡tilitiss ard gmntees if tlrç Tow¡r's dglrb üo thc uge of ths Easement will not be materially irnpnired by such grant. l?. Tlút Easement Agleement shall be con¡trued in accordanse with thç laws of the State af Colorado. In the evenf of any dispute over the Agreenrent's lerms and condÍtiorrs, the exclusive ver¡ue and jurisdiction for any litigation arising hel'eunder ehall be in ihe Digrict Court of Garfïeld County, Colorado, i¡. Unlese special provisiors qre attachcd hercto,lhe abovo and foregoi4g rÐllstitutÊ thc entire agreemenf betwecn the partias and no additlonal or diff*ent oral reprcsentation, pronrise or agrcement shall be birrding oil åny of the parties hereto, rvilh respect to the subject rnåtter of this Agreament AGREED,TO by thc Parlies , THE DIXON 1VÁ'fER FOTINDATION By: Robe¡t Potts, President THËTOWN OF SILT COLORAÐO By: Davìd C. Maore, Mayor ATTESTI &- )' },*ôir*\,- Tow¡t Clerk o 3 795361 12n7'2010 04:17:59 PM Page 5 of 10 Jean Alberico, Garfield County, Colorado Rec Fee: $56.00 Doc Fee: $0.00 eRecorded srATEOf ) couNrYo'Dmr'iÍr ì* PRESIDIO fukrowledged beforc nc tbin,þ* Prcsldent of Tte Dlxqn ïl¡âtcr Fondadon. dayof NOVSIPEE, 2010, byRobcrtPoügng Myoommissiou oçirrrc: LLI 16 lzÛLz $TATEOPCOICInÁDO ) ) ße. COTJNTYOFO,{RFtsIå )q,,^-- 9l dryot.Ar*nowledged bc,fore me tl¡ir Mayorof tlraTorn of $ilt, Oolondo. (sEAr) Mycommisdur 2010, by David C, Mools as My Commission Expi¡Es o4l15'8012 <. e¡spi¡e¡:¡rlf*,À_ 4 fiETflAilDCT 6rote of T¡xac ExpirBr 2012Ió, LEICJAN PUBLTCRYNOTA OFSTATE 795361 1210712010 04:17:59 PM Page 6 of 10 Jean Alberico, Garfield County, Colorado Rec ACCESS TASEMENT EXHIBIT sE I /4sÉj /4 oF gEc. I ANft sw t I asw l,r 4 sEc. I o, T.6 Ë, R.92 w- oF THE 6TH P.M. COUNTYOF GARFIELD! gTÀTE OF GOLORADO oÈlE ù 973 ¡TSING gJN DITCH svtfiSYt/4 (s6c ro) L¡tlfs 948.r+' tltÏcHts (oSâ.i AcîÊs) ROAD -9,46, 49.96' fft/1xr/1(sfc. eJ i /' OF ì$THESS C6r8 lO sf, c(nr¡EB stcltorr I 3O.OO ACCESS EASÉMENT a slRrP oF LAND $ruÁ'fED rN fHE SEl/4SEl¿/a OF sËCT|Qñ I AHo ÌHE 5Wr,/.5W1/4 0f SEgneN 10. TOYINS!.IIF 6 SolJTH, RANÊE 92 XEST OF ,fHE SIXTH PRII{üFAL I¡E@I^fl, COT,NTY QF GÄRFIETD, SIATÉ OF çOLOÊADO; 5âIO STRIÞ oF LAío LY¡fiC r3.m FEET Ofl EAC¡i g0€ OF ûE FoLrtiË¡G OS5CRi8E0 Cfl¡lERUNE: cor¡MÊNctNG Aî nt u$NEss CoRNER 10 tHE SOUTHE^5'Í CoR¡IER 0É 5Âr0 SEC'TO¡ E. A SÍONE fqjHo l{ PLAC€: THENCE N?7'¡IO'3O.IY T D¡STAT{CE ûf 49,96 FEË1 10 IT{E ÇÉNIERLINÉ tr SÂID ÉASI¡ENT, IHÉ.EONLOF,âEGINNINç: 'THENC¿ tt¡09!6'36Ï AtOilG SAl0 CSNIERLINE A oISTAilCE 0F 6{8,4+ FEET; IHENCE CÐlTlNUlrlG À10+¡G SAlt CENIERUI{ Á¡-$'IG 'IHE AFC OF A CURVE fO THE RI6HI HAì/$|G A RåOIUs 6 '3,OO FEEI AIIO A CE{If,AL ÁNÊLE f ?6?9'53', A DISTAITC€ Cr 60.0ô fEEr (CHOÊO EEIRS NJı0822'E a o(Slat{çE 0t 3å7? FEET} ÎHENCE COr{rNUlNG ALot{G sAtD CENTERUNE r{76'?S19'E A DIST^ô¡CE 0F ¡7.?Ë FtEll T}íÊNCÉ CONllr,rUlNG ALoIG SAr0 eÉfyrERCfNE ÂLoi¡ç.fHE ARC OF A G1JRVE TO fHE !EF1 HAV¡Iç A RÀDIUS OT 8O.OO FEET AND A CÊXIRIL å}IçtE Of 52'19'29", A otsra¡rcE 0F 75.ü FEEÎ (cdffiD ÊEARS r¡3CflJJ¡r'E A DrsraNCE Of 70.55 FEEÐ: 'ÌHENCI COHnùüNG ALolrG 5Al0 cËNrÊftL.E r?4û¡'4S'E A otsrÁr¡cË 0r ?9.81 FËEf tg A Pon¿T or'r lHg NoRllrE8tt illrE OF I¡rE Rrg¡râ suN DrICn Ag RECoÊOED l¡¡ Bod{ 1¡155 ÄT PAGE 9€1 ÂND 973 lr.¡ THE ËåRnEL0 CoUft¡lY C¡.ÉRl( ÂrÐ REC0R0[R'5 0arlcE: IHE PONI OE lERr.r$rS- SÀO SÌRF ff LAND CgrllÁr}r5 O;åôa ACfES I¡ORE ffi IESS. 8A$5 0F ÊEAE|NËS tS A BEART{G ff 58É'J!'5S"tÌ ÊET$Ë0N ÁN0 rr€5T OUÁRIER COnNER OF SgcÎofi l{, S?Oit€S FoUfr¡D .fHE ËAST ru^8]ER rft KÉ 1trtt+râ¡o OXôN WATER FOUNOAÌION srLT. coLoRAoo âcçÉa6i E!{AS{ENT HIGH COUNTRY E¡IGINËERING, INC. r¿rtt{¡¡d.^fr8,5É tolÊuri.rooÞrÊ{GT, ærrðr#oNË qÌ7óû rÁal&Ë Fr¡ ü':rÛt s¿Èa EXHIBIT 795361 121A7f2A10 04:17:59 PM Page 7 of 10 Jean Alberico, Garfield County, Colorado Rec Fee: $56.00 Doc Fee: $0.00 eRecorded PROPERTY DESCRIPTION A PARCEL OF LAND SITUATED IN TIIEEI/2 OF SECTION 9 AND TTIE W1I2 OF SECTION IO' TO}VNSHIP 6 SOUTH, RANGE 92 WEST OF T}IE SD(TH PRINCTPAL MERIDIAN' COT'TNTY OF G.{RFIELD , STATE OF COLOR.ADO; SAID PARCEL BETNG MORE PARTTCULARLY DESCRIBEDAS FOLLOWS: COMMENCING AT TTIE WITNESS CORNER TO TIIE SOUTTIEå,ST CORNER OF SÀID SECTION g, ¡ sroNe FouND n_r ilÁcp; THENCE N?3ô21 46,'W A DISTANCE OF 2038.21 FEET TO TI{E p'Or,Hf of grCfNNn'IC; ffg¡¡ðs N00o3748'wA ÞISTANCE OF 748-7t FEET; TIIENCE Ns9"3zT4'E A DlsfÀ¡lcn aF 279.75 FEET; TIIENCE N00o32'34"w A DIST,aNCE oF 1,649'50 FEET To A?oINT T.T THE CENTERLINE OF T}TE COLOR.ADÖ RIVER; TTTENCE ALONG SAID CENTERLINE N83O46'02"8 A DISTANCE OF 251 .93 FËET; TTIENCE CONTINUING ]A'LONG SAID CENTERLINE S85"06'I6'EA DISTANCE OF 984.78 FEET; THENCE LEÀVING SAID CENTERLINE 57623'tl',T ADISTANCE OF 1,838.73 FEET; THENCESl3o02'34"Wl| DISTANCE oF 850.00 FEET TO A POINT IN THE CEN-TERLINE oF DRY HOLLCIW CRÊEK; THENCE ALONO SAIÞ CENTERLINE SZ4o0l'03,W4 DIST.ANCE OF 9E-s9 FEET; THENCE CONTINLIING ALONG SAID CENTERLINE S0l'1545'q¡ A DISTANCE OF 130.61 FEET; TIIENCE CONTINUING ALONG SAID CENTERLINE SI8"55'56UEA DTSTANCE OF I 18.94 FEET; THEI'¡CE CONTINUING ÂLONG SAID CENTERLINE S09'39'59"8 A DISTÂ}¡CE OF 95.60 FEET TO A POINT ON THE NORTTTERLY LINE OF T}IE RISING SUN DITCH AS RECORDED IN BOOK T45ó ÄT PAGE 9óI AND 9?3 INTT{E GARFIELD COUNÎY CLERK AND RECORDER'S OFFICE; THËNCE ALON6 SAID NORTFIERIY LINE S67"5753"W Á ÐISTANCE OF 703'68 FEET; THENCE CONTINUING ÂLONG SAID NORTITERLY LINE S6OO33'23"W 'q. DISTANCE TF 59'49 FSEi; TIüNCE CONTINUING ALONG SAID NORTHERLY LINE S61"0321"W A DISTANCE OF 15l.si FËET; TI{ËNçE coNTINuINc AroNG SÁ.ID N6RTTIERLY LINË AroNG TI¡EARC oF CURVE TO ilrc RIGHr HAvING A RADruS OF 485.00 FEËT.dÌ'ID A cËNTRAT A'NGLE OF IIO58'I6N, A DISTANCE OF IOI.33 FEET, (CHORD BEARS S67"02'29"W.4 DISTA}'TCE OF 1OI'15 FEET); riu¡¡ce coNTINuINc Ar,oNG SAIÞ NoRTHERLY LINE S73"01'37'w A DISTANCT oF t,9o FÉBr; TnENcE C9NTINUIN6 ALoNc sÂID NORTHERLY LINE s76o43'34'w A DIsTÂNcE oF 9.0û rnrilr¡¡E¡¡cE ç9NTI¡ùIIING ALSN6 SAID N9RTHËRLY LINÊ ALoNG THE ARc oF cURvE ró 'rr* xlcHT HAviNc A RADruS oF 485 '00 FEET AND A cENTR"aL ANGLE OF W22'37",ADISTANCE OF 79.3? FËET, (CHORD BEARSS8.1O2452"W A DISTANCE OF 7g.zg FEÊT); THENCE C9NTINIJING ALONG SAb NORTIüRLY LINE S86"4847'W A DISTÄNCE OF 3 1.06 n'fÈf; rrgNCn CONTIñryqG .4LONç SAID NORTHERLY LINE S86o53,58nW,4. DISTANCE OF 27.68 FEET; TIIENCE CONTINLIING ALONG SAID NORTIIERLY LINE ALONG TTIE ARC OF À NON-TANGENT CTJRVE TO THE RIGIIT HAVING A RADruS OF 457.4? FEET AND A çENIRAL AN6LE oF 13"21'54u, A DISTANçE oF 106.71 FEËT' (cHoRD BEÁ,RS N8?"0?36'1ry A DHTANCE OF 106.47 FEET); TI{ÉNCE CONTINIJING ALONG SATD NORTHERLY LINE ALONG TI{E ARC OF A NON-TANGENI CURVE TO TIIE LEFTHAVING A RÄDruS OF 96S.3? FEET AND À CENTRAL ANGLE OF I2O53?4", A ÞISTÀNCE OF 217'86 FEET' icuonn BEARS SB8'3423'w A DISTANcE oF 2 I 7,40 FEEÐ; TTIENcI C0NTINUING ALONG SAID NORTT{ERLY LINE.A,LONG TIIE ARC OF ANON-TANGENTCURVETO THERIGHT HAVING A RADruS Or itZ"çO FEET AI'ID A CENTRAL.¡tNcLE OF 5505?'3?', ADISTANCE OF 310.49 FEET, (CHORÞ BÈARS Nó6'35'00"W A DISTANçE OF 29E'30 FEEÐ; THENCE CONTINUING ALONG SAID NORTT{ERLY LINE N4O"34OI''WA DISTANCE OF O'80 FEET; THENCE CONTINUiNC ALONG SAID NORT}TERLV LINE N39O15'27"W A DISTANCE OF 62'58 FEET; THENCE CCINTINUING ALONG SAIÞ NORTHERLY LINE N78"3i'03"w A DlsTÁNcE oF 3l .95 'FEET; TÉIENCE CONTINUINC ALONG SAID NORTI{ËRLY LINE S44"3E35"V/ A DISTANCEOF 3320 FEET; THENCE CONTÍNUING.A,LONG SAIDNoRTI{EBLY LINE S44Þ36'40'IW A DISTANCSOF 158.01 FEET; THË'NCE CONTINTJING ALONG SAIÐ NORTHERLY LINE S4E9OO'32"W A DISTÁNCE OF 30.14 FEET; ÎHENCE CONTINUING ALONG SAID NORTHERLy LINE S44Õ00'3Z"IW A DTSTANCE OF 140.99 FEET; THËNCE CONTINUING ALONC SAID NORTHERLY LINE S61o06'31'W ADISTANCEAE 32'17 FEET; THENCE CONTTNUTNG ALONG SAID NORTHERLY LINË S83OOI'56"W4 DISTANCE OF 18'74 FEET; EXHIBIT a 795361 12lO7l2O1O 04:17:59 PM Page I of 10 Jean Alberico, Garfield County, Colorado Rec Fee: $56.00 Doc Fee: $0.00 eRecorded THENCE CONTINUING ALONG SAIÐ NORTHERLY LINE S75ô58'07*WA DISTANCE OF 23.59 FEET; TIIENCE CONTINLIING ALONG SATD NORTI$RLY LINE S58o49'29"W A DISTANCE OF zz.or rEsr; THENCE CONTINUING ALONG SAID NTRTHERLY IJNF S47"56?7'W A DISTANCE OF 24'04 FEET; THENCE CONTINUING ALONG SAID NORTT#RLY LINE S49o13'30',W A DISTANCE OF 26.34 FEET: TIIENCE CONTINUING ALONG SAID NORTIIERLY LINE S58O54'I O"W A DISTANCE OF T9.77 FËET; THENCE CONTTNUING ALONG SAID NORTIIERLY LINE S75o58'09'S/ A DISTANCE OF 14,05 FEET; TIIENCE CONTI¡ÙUING,{LONG SAID NORTHERLY LINE S8IO1948-IW A DISTANCE AT N.9'T FEET; TTIENCE CONTTNUING ALONG SAID NORTHERLY LINE NS3 o53' l2'W A DISTANCE OF 20.? I FEET; THENCE CONTINUING ALONG SAID NORTTIERLY LINE N?9"30?5"W A DISTANCE OF 19.88 FEET; THENCE CONTINIIING ALONG SAID NORTHERLY LINE N62"49'39"W A DIST¡'NCE OF 14'05 FEET; THENCE CONTTNLTING ALONG SAID NORTITERLY LINE N55o53'38'W A DISÎANCE OF 40.63 }EET; THENCE çONTINUIN6 AION6 sAID NORTIIERLY LINE N47"30'02'lV A ÞTSTANCE OF tg-49 FËET; THENCE CONTINUING ALONG SAID NORTTIERLY LrNE Ns0'58?B"wA DI5TANcÈ oF 20.50 FEET; TITENCE coNTINUING ALoNc SAID NoRTHERLY LINE N54OO4'O7NW A DISTANCE OF 19.8ó FEET; THENCE CONTINUING ALONG SAIÞ NORT}IERLY LINË N47"01'53NW A DISTANCE OF 23.43 FEET; THENCE CONTINUING AIJONG SAIÞ NORTHERLY LINE N43O34'33'W A DISTANG OF 27 24 FEET; THENCE CONTINUINC ALONG SAID NORTHËRLY LINEN49"2434'W A DISTANCE OF 30.2s FEET; TIIENCE CONTTNUINC .AI-ONG SAID NORÎHERLY LI}¡E N54'56'10"1I/ A ÐISTANCE OF 3 I.63 FEET; TI{EI.ICE CONTINUING ALONC SAID NORTHERLY LINEN62"56'I2"W ADISTANCE OF 28.39 FEET; TIIENCE CONTINLJING ALONG SAID NORTI#,RLY LINEN7I"00'36"W A DISTANCE OF 34.47 FEET; TTIENCE CONTINI]ING ALONG SAIDNÖRTI{ERLY LINEN69o58'33"w A DTSTANCE OF 40.23 FEËT; TTIEI.ICE CONTINUING,ALONG SAID NORTI{ERLY LINE N64"03'5E"wA DIsTANCE OF2l.45 EEET; THENCE CONTINUINO AI-ONG SAID NORTHERLY LrNE N?0% I'10-w A DISTANCE OF 25.4? FEET; THENCE CONTINUING ALONG SAID NORTFTERLY LINË NSIO?s.lzUW4 DISTANCE OF 3I.22 EEET; TTTENCE CONTINTIING ALONG sArD NORÎIIERLY LINE S84o1034'VF A DISTANCE OF 28.07 FEET; THENCE CONTINUING ALONG SAID NORTIIERLYLINE S?9o56'06'W A DISTÁNCE OF34.80 EEET; TIIENCE CONTTNUING ALONG SATDNORTHERLY LINE S74449'57"W A DISTANCE OF 32.44 FEET; THENCE CONTTNUING ALONG SAID NORTHERLY LINE S78"06'57"W A DISTANCE OF I OJ4 FEET; THENCE CONTINUI¡IG ALCINC SAIÞ NORTHERLY LINE S74o44?8'W '4. DIST.ANCE OF 41.75 FEET;THENCE CONTINUING ALONG SAID NORTIIERLY LINE S65?5',05"W A DrsTÂNCË OF 35.2? FEET; THENCE CONTINLIING ALONG SAID NORTT$RLY LINE s6626'00"w A DISTANCE OF 30,63 FEET; TIIENCE S?2o54'1 1"W A DISTANCE OF 14-86 FËET; THENCE CO}.rfINUINGÁ.LONG SAID NORTI{ERLY LINE S80"29'15"1V ADISTÄNCE OF 149.28 FEET; THËNCE CONTINUING ALONC SAID NORTHERLY LINE S3?o0024"1V A DISTANCE OF 226.93 FEET:TI{ENCE CONTINUINO ALONG SAID NORT}IERLY LINE S89'22'12"W A DIST,ANCE OF 19,58 FEET; TO THE EOINT OF BEGINNING; SAID PARCEL CONTAINING 131.925 ACRES, MCIRE OR LESS. 795361 1210712010 04:17:59 PM Page 9 of 10 Jean Alberico, Garfield County, Colorado Rec 9 # Nvt¿/1îEl/4Ëc.9 È75?i'4r"w 2o3ð-2r) LOr 5 I fr'w 1&9 sEt¿/15€t/tl 9EC- 9 sÍ sw¡,¡+5vfi sËc. to I I + II ñ. t. gAsrs oF BgAñrHGs FoR THrs E)rHrEtT rs ^ BEÀFINC OF S89!r'J9'ft Ef llEEN fltE EAST oUÀRTER Cffi.¡ÊR A¡lÐ tì€sT oUAäfÉÊ CORNEF OF SECT|oN t¿. 510¡{ES FouNû lN PLAôg. ?. IFTIS EXHIBII IS BASEO OI{ DOCUI¡II{TS OF RECORg INCI-UDING fHE WAñRARÏY DEED REçOROEÛ I'T ÊOOK 357 PAçE }24 AT RÉCÉFÎIS.I NO. 2252I? OAIEÐ ÂPRIL T7 196¡, RECOAO€O PLATS OF MII.IEô'TA RIDCE ESÍATES, REC9RDED AT RECEPTIOT| NUUSEÊS ?55Jï8. ?553?9. 255¡80. A¡Ð 486?{f ^ND A gJRV?Y PRÊP¡REÐ BY SCHIIUTSER GORDOI I¡EÌEF DAÌED OCTOBER, 1999. 3. fLoöOpLAtH Ulilts SHOgSt ARE BÀseÞ otj STUDES By T|JE CoLORAOO VTATER DoI.¡SERVATÌOTt BOARg ^lto 16¡ CÐæERÂTIO'¡ INtlH AfiMY CORPS # ÉNGINEERS ON 'THIS PORNOfl OF lHE COLORÀÐO RIVÊR SHOWT{. êtrf¡ *ALã 4É Plbro r" -4û9 ão6!ËB6E Dffi WATER FOTNÞAT¡O¡I Tqff N OI' SILT, COLÕÀA9O SI1.LIYAGç 5IDÛlI'Fß¡II æIOFAFCE.æÐT H¡GH COUNTRY EHGTNEERING, II*C. ffi rErtffi^wEETEl0lclEitYvûol¡æ¡n dù, ca tltotãEtE t¡t0r¡6tm rÆ at D¡¡Ërfiüwrt*;fû.æx 795361 12|O7PA10 04:17:59 PM Page 10 of 10 Jean Alberico, Garfield County, Colorado Rec 00 rÄÐ,us DEIIA LENêÍH I TÀI,¡6EI{T TÍ+ôRD ËEÂRINT I ¡*i orf I t'5å'1Gr tñr ¡ì I tn85'.tÊTTlâ'te"üt o'rt'Ia'?o3.?' I -lç.7Ê'(nr'â¿"ã?"!t ?û ,ó' 11'?l'5r"rôÉ ?r' I !-160'NBztlT'lÊ'ìJ r* Á?' æÊ a7-r?ql'9À'tåâ1t*'2-t"f ata rlf c5 atl an'5qq?:-r?"3rô.*q' I r6a,Bg'N6ß'35'di'.w ,oÀ tn' LlNÉ TÀgEf, Ë€.lRrNg I IH *r.trt'âl'rv çmls'¡s'c¡r¡l cfR55',ÉB'Ë !1 a¡' sor'3s5'e"Êsn'!T?Î'w t-¡ssã:¿a'4r$t sn653'5SrJ }., FE .s ßtða r¡-"t"Í tl t rü,'È11 't11-*lr ol' 1 üå'ao'a{+\ll s¿.aß'ao't¡ Ê¿H.ltô'itt'g 4 (44nô'3?'D¿ì4n.aQ tÊì1ß'.l1"r, q¡3,ût'5t'tr laTt' q,"l's¡'ôff <sRaq'?€'tI ,7 fü <Àñ6'47'# L s.9'fJfl{l'1,rß.,1¿' I sÉa5d'?D"f I e4qßiôà"ry gaq:¡r'*t rl öt l+ilÈtqTlt'w li Ntq.s'a4'w 1E,ÊA' .?a Nâ?;rq'lÞ't¡f¿ û5: Nslqlalt'tr ao.63' N.t'afy f¡?'r¡ [iñt*'tfìl¡s E¡r' [5¡'n¡'ft?'l¡¡t6 *' ß¿7È!t'q1iç ftrt'Îa'.1!'lt L f,r€9¿'-1¿'$ ¿rts¿sß:16"w r¡6?SB't2"s flãl:ô.9't il6S5A:35'W l¡6¡'tìf'så'y ?l ¡5 I ¡?¡ttt'tét"ú t rtix'tt"g, fl '<t¿hâ¡1¿'u ta.t7l 142 s7f'56'{lÉ"r ¡¿ *tr' L4¡1?¿!¡a'qt¡*3?.a4' ta¿E"Âoñ'+?'u !o-2{' çT.t¿'l¡"t L4l (åcrñ'Ð6'Ð a i?? sf,?â'ôfì'¡t tt (?ta('I1'lt L.tn¡ra'f5"tf.t¡O Tn Þq;, yu 11 'snq.t2'f2'w fr ..Þ lss$8 ls\ lÅ.¡lr m#tr *È1{ sâË t"'æ' 'ã06ræÊ. .s5c¡qæE'f. ÊwH. sr4 êtolo 3ôFg. 1få",¡"urrzoo¡l<neto,s/EËsF2oroËliëL# ffTT.TVAIE ÊIJEI'NI8K'fi ÐIOPÀRçÉ-SH DD(ON \ryATËÊ FQIJHÞAÍþH TffiOËSrLT,col-oR Ðo HISH COUNTRY ENGINEERING, lsrtuEAwilE BlEtolGt:Mfttct.êlt¡t@tPwcro g¡lttlt 6 f/u( cltoi¡ölEEwÜt.ffi.9ffi rNc. 3799 HTCHWAY 82'P.O. BOX 2150 GLENWOOD SPRINGS, COLORADO 81 602 (970) 94s-s491 .FAX (970) 94s-408r 12/12/2022 Joel Ruiz 7005 County Road 346 silt, co 81652 RE: El Rancho Minor Subdivision Dear Joel The above ment¡oned development is within the certified service area of Holy Cross Energy. Holy Cross Energy has adequate power supply to provide electric power to the development, subject to tariffs, rules and regulations on file. Any power line enlargements, relocations, and new extensions necessary to deliver adequate power to and within the development will be undertaken by Holy Cross Energy upon completion of appropriate contractual agreements and subject to necessary governmental approvals. Additionally, due to current economic conditions, Holy Cross Energy ¡s not stock¡ng the quantity of construct¡on materials as in past years. lf your project is slated for construction this year, please advise us as soon as possible. You will need to enter into agreements with Holy Cross Energy, and pay for the project, suffìciently in advance of construction to avoid possible delays while materials are procured. Please advise when you wish to proceed with the development of the electric system for this project. Sincerely, HOLY CROSS ENERGY Conner Swatloski Engineer I cswatloski @ holvcross.com (s7ol947-s4ts A Touchstone Energy@ Cooperativ.&' Garfield County Road & Bridge 0298 CR 3334/lPO Box 426 Rlfle, CO 81650 PÍl; 97t-625-8601 F.A-X: 970-625-8627 ¡undand b ridscløsft rfi cld*countv.com - Dliveway Pennit .4,pplication l. Permit Owner: 2, Mailing Addrcss: 3. City: Carbondale 81623 New Castle 8164'l Parachute 81635 Glenwood Springs 8160i silr sr6s2 ffi nin. 816io Other 4, PhoneNo: 5. County Rd, No: 6, Nearcst Intersectíon or address: 7. Distance fiom Int. ol addressr 8. I)irection fi'om Int. or addless: N 9. Sideofroad: N 10. Width of driveway: 3O-foot Other: 11. Culvefi required: Yes 12, Síze of culvert required: l}-inch Other: 13. Length of culvert required: 3O-foot 14, Asphalt or concrete pad required: Fax No: a w s s E w E E K E 4O-foot No l5-inch x 18-inch 100-foot 40-foot m No 30-foot wide X l0-foot long X 4 inches thick: Yes 40-foot wideX 10-foot long X 4-inches thickl Yes 100-foot wide X 20-foot long X 4-inches thick: Yes ' ,, /b' l,¡I o J 15, Size of pa<l; Othel: SBecifi-cationç L A driveway approach is understood to be that portion of the county road right-of way between the pavement edge and the propefty line that is designed and used for the interchange of traffic between the roadway and abutting property, 2. At any intersection, a driveway shall be restricted for a sufficient distance from the intersection to preserve the normal and safe movemont of traffic. (It is recommended for rural residence entrances that a minimum intersection clearance of 50 feet be provided and for rural commercial entrances a mínimum of 100 feet be provided.) 3. All entrances and exits shall be so located and constructed that vehicles approaching or using them will be able to obtain adequate sight distance in both directions atong ttre .ounty road in order to maneuver safely and without interfering with county road trafüc. 4. The Applicant shall not be permitùed to erect any sign or display material, either fixed or movable, on or extending over any portion of the count¡r road right-of-way. 5. Generally, no morc than one approach shall be allowed any parcel or properfy the frontage of which is less than one hundred (100) feet. Additio¡al entrances or exits for parcels having a frontage in excess of one hundred 100) feet shall be permitted only after showing of actual convenience,and necessity. ó. All driveways shall be so located that the flared portion adjacent to the taveled way will not encroach upon adjoining property. 7. No commercial driveway shall have a width greater than thirty (30) feet measured at right angles to the centerline of the driveway except as inireased by permissible radii, No noncommerciaf driveway shall have a width gfeater than twenty (20) feet measured at right angles to the centerline of the driveway, except as increased by permissible radii. 8. The axis of an approach to the road may be at a right angle to the centerline of the county road and ofany angle between ninety (90) degrees and sixty (60) degrees but shall not be less than sixty (60) degrees. Adjustrnent wíll be made according to the type of naffic to be served and other physical conditions. 9. The consFuction of parking or servicing areas on the county road right-of-way is specifically prohibited. Commercial est¿blishments for customer vehicles should provide off-the-road parking facilities. 10. The grade of entrance and exit shall slope downward and away from the road surfase at the same rate as the normal shoulder slope and for a distance equal to the width of the shoulder but in no case less than twenty (20) feet frcm the pavement edge. Approach grades are restricted to not more than ten percent (10%). I 1, All driveways and appröâches shall be so constructed that they shall not interfere with the drainage system of the street or county road. The Applicant will be required to provide, at his own expense, drainage structures at entrances and exits, which will become an integral pan of the existing drainage system, The Board of County Commissioners or their representative, prior to installation, must approve the dimensions and types of all drainage structures. Note: This permit shnll be made available at the eite where ¡nd when work is being done, A work sketch or drawÍng of the proposed driveway(s) must accompany application. No permit will be issued without dmwing, blueprint, or sketch. Gsrfield Coun ty AnoJiqation for Dfivelvsy F.,ermit Person Obtaínìng Permìt: foel Ruiz Applicøtion D¿te: I/22/20 I I Counly Road Number: 335 DÍstriet: Sílt Permit Number: GRB I 9-D-2 Terminøtìon Date: 5ß In 0 I 9 Inspector: Wyøtt Keesitbery herebyrequests permissign and authority fiom the Board of County Commissioners to construct a driveway approach (es) on the right-of-way off of County Roadr!!!, 150' +/- lVest of CR 335 & 331, located on the Nqrrh side otroåd for the purpose of obtaining access to property, Applicant submits herewith for fhe consideration and approval of the Board of County Commissioners, a sketch of the proposed installation showing all the necessary specification detail including: i . Frontage of lot along road.2. Distance from centerline of road to property line.3. Number of driveways requested4. Width of proposed driveways and angle of approach.5. Distance from driveway to road intersection, if any.6. size and shape of area separating driveways if more than one approach.7. Setback distance of building(s) and other struoture improvements,8. No unloading of equipment on county road, any damage caused to county road will be repaired at subdivision expense. 9. Responsible for two years from the date of completion. GqneEfll Provisiq$Ê l) The applicant represents all parties in interes! and afürms that the driveway approach (es) is to be consfucted by him for the bona fide plrpose of securing access to his property and not foi ttre purpor" oidoing business or servicing vehicles on the road right of way. 2) The applicant shall furnish all labor and materials, perform all worþ and pay all costs in connection with the construction of the driveway(s). All work shall be completed within ninety iOO¡ auyr of the permit date. 3) The type of constn¡ction shall be as designated andlor approved by the Board of County Commissioners or their representative and all materials used shall be ofsatisfactory qualþ and subject to inspection and approval ofthe Board of County Commissioners or their representative. 4) The traveling public shall be protected during the installation with proper waming signs and signals and the Board of County Commissioners and tleir duly appointed agents and employee shall be held harmless against any action for personal injury or properly damage sustained by any reason oflheexercise of the Permit. 5) The Applicant shall assume responsibility for the removal or clearance of snow, ice, or sleet upon any portion of the driveway approach (es) even though deposiæd on the driveway(s) in the course of the County snów removal operations. 6) In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the entrance shall be surely braced before the fence is cut to prevent any slacking of the remaining fence and all posts and wire removed shall be turned over to the District Road Supervisor of the Board of County Commisiioners. ra g"^*' w tt! 1218122,3:09 PM For this Record... Flllng h¡story ânrl documents F¡le a form Subscr¡bc to êma¡l notlflcatlon Bus¡ness llome Bus¡ness Information FAQS, Glossary and ¡nformation notlfication Subscr¡be to t€xt notlf¡câtion lJnsubscr¡be f rom te.xt notificat¡on Colorado Secretary of State - Summary Summary Filing historv and documents Get certified cop_þg o[ ¡þçg¡e¡þ File a form Set u p_scçu_rc_þUsj¡ess_ûli n g Subscribe to email notification Unsubscribe from email notification Subscribe to text notification Unsubscribe from text notification Back l t:rs,¡s tx :entlüi+t:E 1 l'{t}vtltcr a+fi}t}I:*ilii'l Details Name Rising Sun Ditch Company, Delinquent October 1, 2008 Slafus Delinquent Formafion dafe 04t05t2007 lD number 20071168425 Form Nonprofìt Corporation Periodic report monlh April Jurisdiction Colorado Principal office street address 5411 County Road 346, Silt, CO 81652, United States Prlncipal office mailing address 54ll County Road 346, Silt, CO 81652, United States Registered Agent Name Jacque Burris Street addrêss 5411 County Road 346, Silt, CO 81652, United States Mail¡ng address 5411 County Road 346, Silt, CO 81652, United States https://www.coloradosos.gov/bizlBusinessEntityDetail.do?quitButtonDestination=BusinessEntityResults&nameTyp=ENT&masterFileld=20071168425&... 111 Existing Use: ' Proposed Use (From Use Table 3-4O3): Ðescription of Project: 5t Area # of Lots # of Units Total æ* û-\' FORWAIVERS Submission Requirements .81 rne Section Section LL Waiver of Standards El the Applicant Sectíon: req of Requirements per Section 4-202. List: Section: eLLS Jàñ Þ p6¡rzfoß.rn l¿-YlÎe-x. Tái Aç-\ER. &rRÞVA L: is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: I have read the statements above and have provided the regu¡red attached information which is correct and accurate to the best of my knowledge. Ken rffiof Property owner OFFICI,AL USE ONIY Date Land Use Tvpe Single Family Commercial Multi-Family lqp-¡gl Other Space lndustrial FileNumber:____Fee Paid: My 27 2O22 Et RANCHO MINOR SUBDIVISION PROJECT NARRAT¡VE This application is for the division of a 45.13 acres Parcel (#2179L0t3001), which is located south of Silt at County Road 346, into a minorsubdivision consistingof three lots. The proposed lot sizes are as follows: Lot 3. - 7.6 acres, Lot 2 - 35.4 acres, and Lot 3 - 2.L. The site is zoned Rural and there is currently a house built with an OWTS system in place a water well. ARTICLE 7 - DIVISION 1: GENERAT APPROVAL STANDARDS Section 7.t01; Zone D¡str¡ct Use Regulations The subject property is currently zoned Rural and the proposed minor subdivision will not change this. Section 7 .LO2z Com prehensive Plan a nd I ntergovernmental Agreements The Comprehensive Plan includes relatively few policies which provide direct guidance with respect to the proposed subdivision. The Future Land Use Chapter of the Comprehensive Plan establishes the broad land use and density for future development within the County. The proposed subdivision in in conformance with the applicable zone district: Rural, minimum lot size 2 acres, with the proposed lot sizes as follows: Lot 1 - 7.6 acres, Lot 2 - 35.24 acres, and Lot 3 - 2.1 acres, which are allwell above the minimum lot size allowed. The subject property is not located within any unincorporated community, or water and sewer service area, nor is there any regional center, town center, rural employment center or village center mapped in the area where the subject property is located. The County desires to retain the rural character of the area and the proposed subdivision would provide that with the creation of a mere two additional lots, in which agricultural and grazing uses can remain. As far as recreation, open space, and trails, the subject property does have the Dry Hallow Creek running through lot 2 which will remain intact. There is no fishing or rafting activity that would be interrupted. No significant visual impact is expected with the creation of the three lots. Based on the current regulations, by dividing the property now in in the proposed manner, the individual lots cannot be subdivided again, therefore the agricultural land will be protected from infringement of higher density uses. The proposed subdivision will comply with the designated Rural Zoning District, which allows residential lots with a minimum lot area of two acres. The proposed lot sizes would allow for continued agricultural and grazing uses, with minimal impact on adjacent agricultural operations, Section 7 .t0ït Compatibility The surrounding properties are zoned rural with a mix of Rural Residential and Agriculture/Grazing Land Use . There are a few adjacent propert¡es ranging in size from 2 acres to 40 acres. The proposed land use will change from Agriculture and Grazingto Residential Medium High (1 du per 2 - <6 acres), I whereas the zoning will remain Rural, protecting the existing character of the area. The proposed lot sizes are larger than the minimum two acres required for this designation, and will allow for small scale agriculture and grazing to continue. Section 7.t04.z Source of Water The owners have obtained contracts for water from West Divide Water Conservancy District. WDWCD has approved one well per proposed lot. Section 7.105: Central Water Distribution and Wastewater Systems There will be no central water distribution as each lot will have its own well, please see attached contracts from the West Divide Water Conservancy District referencing an adequate water supply. Furthermore, each lot will have its own separate OWTS, attached is the preliminary soils evaluation for each lot for future on site wastewater systems prepared by High Country Engineering, lnc. All septic systems will be engineered by a qualified professional. Section 7.LO6: Public Utilities The only public utility the subject property and proposed lots will have is electricity By Holycross Electric provided is a will serve letter. Each lot will have its own water supply water well. Wastewater system, and propane tank will be the responsibility of each lot owner. There are existing power lines running along Hwy 346 and Hwy 331. Lot 2 is already serviced. Lot 1 and 2 will get their own transformers from a separate pole. Underground electricity service lines will be brought from the existing poles to each dwelling. Section 7.LO7z Access and Roadways Lot 1 and lot 2 will have their own legal entrance and direct access to County Road 346 Lot 3 will have legal entrance from County Road 331. Per attached letter from Garfield County Road and Bridge, there is adequate space for safe access to the county road on the South side of the property. Lot 2 already has its driveway in place and lots 1 and 3 have the approval to be constructed. There will be no public roadways within the subdivision. No roads prbposed, only driveways to future single family dwellings and allowed accessory buildings. Section 7,tOBz Use of Land Subject to Natural Hazards The subject land does not have the following natural and geologic hazards: falling rock, landslides radiation or snow slides. Dry hallow Creek runs through lot two, flooding zones noted on plat. Preliminary soils evaluation for waste water treatment prepared by qualified professional engineer for each lot is attached. Section7.109: Fire Protection The subject property is located within the Colorado River Fire Rescue District and is not adjacent nor surrounded by forests. The owners have made contact with the County Fire Chief and were told the County will send appropriate documentation to the CRFR District for review. ARTICLE 7 - DIVISION 2: GENERAT RESOURCE PROTECTION STANDARDS 2 Section 7 .2Ol: Agricultural Lands The subject land is currently being used to grow hay and grace some livestock. The proposed subdivísion does not affect such use. The proposed subdivision will have no adverse effect on any nearby agriculture or grazing use. There are currently no large-scale livestock and herding activities occurring which might be disrupted by domestic animals. Fences will be built to protect adjoining agricultural lands and livestock. The proposed lots will not have roads, only driveways. E.1: As noted on plat there is an easement for Rising Sun Ditch on the north the property. E.2: The owners of the subject property understand that the Colorado Constitution Article XVl, Section 7 provides that all persons and corporations shall have the right-of-way across public, private and corporate lands for the construction of ditches for the purposes of conveying water for domestic, agricultural, mining, manufacturing and drainage purposes upon just compensation. E.3: The land use change will not interfere with the ditch rights-of-way. E.4: The owners of the proposed subdivision will insure that the use of ditches, including maintenance, can continue uninterrupted where irrigation ditches cross or adjoin the land proposed to be developed. E.5: The owners are aware that no structure or fence shall be placed within the right-of-way or easement. 8.7:7. The Application for Division of Land or Land Use Change Permit will not affect or impact any ditch right-of-way. E.8: There will be no change on irrigation ditch drainage. E.9: since there will be no change in irrigation dich and applicants own ditch this sections does not apply Section 7.2O2: Wildlife Habitat Areas On Wednesday, September 9,2O20, Travis Bybee, of Colorado Parks and Wildlife, 970-985-5882, informed the owners that the subject property is within the critical deer mule range. He stated that as the application process progresses, he will advise of steps the owners can take to ease the impact on this population of deer, such as, the type of wildlife-friendly fencing that would be best, as well as a provide a list of toxic and dangerous plants that should be avoided when it comes time to landscape. Section 7.203: Protection of Waterbodies The subject property has Dry Hallow Creek running to proposed lot two which will remain intact. Section 7.2O4: Drainage and Erosion There are no drainage and erosion problems on the subject property. There is an existing culver going under Hwy 346 to serve as and drainage of waste water. Each lot owner is responsible for proper drainage after alterations or new building arising. Section 7 .2O5: Environmental Quality Air quality levels will not be reduced below acceptable levels with the creation of thís minor subdivision, The planned use of the proposed subdivision does notanticipate hazardous materialstorage, but rather rural residential, as well as agricultural and grazing activities. Section 7.2O62 Wildfire Hazards The subject property is not located in any area designated as a severe wildfire Hazard Area with Slopes greater than 30% or within a fire chimney as identified by the Colorado State Forest Service. lt is not surrounded by large trees and the proposed land use change does not increase the potential intensity or duration of a wildfire, nor does it adversely affect wildfire behavior or fuel composition. Roof materials shall be made of noncombustible materials or other materials as recommended by the local fire agency. 3 Section 7.2O72 Naturaland Geologic Hazards There will be no above-ground utility facilities located in Hazard Areas. The development is not in an Avalanche Hazard Area, nor is it in a Landslide HazardArea, Rockfall Hazard Area, Alluvial Fan Hazard Area, nor does the subject property have slopes 2O% or greater. Section 7.2O8¿ Reclamation This section does not apply to the proposed subdivision ARTICLE 7 - DIVISION 3: SITE PIANNING AND DEVETOPMENT STANDARDS Section 7.30tz Compatible Design Proposed subdivision is for single-family dwelling units, which are exempt from this section Section 7.3O2¿ Off-street Parking and Loading Standards Proposed subdivision is for single-family dwelling units, which are exempt from this section Sect¡on 7.303: Landscaping Standards Proposed subdivision is for single-family dwelling units, which are exempt from this section Section 7.t04z Lighting Standards This section does not apply to the proposed subdivision Section 7.305: Snow Storage Standards Proposed subdivision is for single-family dwelling units, which are exempt from this section Section 7.306: Trail and Walkway Standards Proposed subdivision is for single-family dwelling units, which are exempt from this section ARTICLE 7 - DIVISION 4: SUBDIVISION STANDARDS AND DESIGN SPECIFICATIONS Section 7.4OLz General Subdivision Standards There will not be common facilities for the proposed subdivision. There will be no protective covenants for the Subdivision and the resident of each unit will have to ensure their domestic animals remain within the boundaries of their property. Owners are aware that open hearth, solid-fuel fireplaces are prohibited and that only natural gas burning stoves and appliances are allowed. The proposed development is not in a floodplain. Section 7.4O2: Subdivision Lots Proposed lot area, width, frontage, depth, shape, location, and orientation are in conformance with the applicable zone district requirements and other appropriate provisions of this Code. All side lot lines will be substantially at right angles or radial to road right-of-way lines. No wedge-shaped lots or lots fronting on cul-de-sacs are proposed in this subdivision. No lots will be divided by municipal boundaries, County roads or public rights-of-way. Section 7.4O3: Survey Monuments Owners are aware that prior to selling or advertising the sale of lots, No. 5 steel rebar, 18 inches or longer in length, shall be set at all lot corners pursuant to C.R.S. SS 38-51- 104 and 38-51-105. 4 Section 7.4O4: School Land Dedication Owners are aware of the fees for payment in lieu for school land Section 7.4OS:. Road Impact Fees Owners are aware of the Road lmpact Fees. The parcel is fenced on all sides There will only be water rights to lot #2 Owners will finance cost of subdividing. Alltaxes have been paid All fees will be paid by owners. The Final Plat meets section 5-4O2.F Final Plat reguirements 5 Existing House Gate County Road No. 331 Gravel Pad Surface Use and Development Agreement Reception No. 731092 Gravel Drive Found Stone Monument Southwest Corner of Section 10 17' Witness Corner Fence Gravel Driveway Asphalt Road Overhead Utility Line (apparent easement) Northerly Line of Rising Sun Ditch Per Book 1456, Page 961 Southwest Corner Section 9 Brass Cap in Place Lot 3Schwabe Exemption PlatReception No. 4592392.24 Acres ±Boundary Line North Bank of Rising Sun Ditch (as located 6/8/22) See Note No. 7 15 109 16 30.0' Rising Sun Ditch Easement Book 1456, Page 961, 973 & 989 Lot 3Ruiz Minor Sub.Reception No. 95465230.00' Access Easement Reception No. 795361 Reception No. 915320 & Divide Creek Surveyors Inc. Improvement Survey Plat 10/31/2018 Lot 3 2.145 Acres ± Lot 1 6.644 Acres ± Lot 2 36.340 Acres ± Section Line Centerline of Rising Sun Ditch North Line of the Rising Sun Ditch and South Line of Deed of Conservation Easement Silt River Preserve Reception No. 795360 & Resolution No. 2010-03 Reception No. 795962 Power Pole (typical) Fence Fence County Road No. 346 County RoadNo. 331South 1/4 Corner Section 10 2" Aluminum Cap Illegible No. 5 Rebar Bears S01°06'43"W 34.66' No. 5 Rebar & Aluminum Cap LS No. 16397 No. 5 Rebar & Orange Plastic Cap LS No. 36572 Gravel Drive Gravel Driveway Overhead Utility Line (typical) Dry Hollow Creek Power Pole (typical) Zone A Firm Map 0802231091B Zone X Zone X Fence Well 30.00' Holy Cross Energy Right-of-Way Easement Reception No. 926649 SILT, TOWN OF PO BOX 70 SILT CO 81652 Parcel No. 217909400733 Boundary Line North Bank of Rising Sun Ditch (as located 6/8/22) No. 5 Rebar & 1-1/4" Yellow Plastic Cap LS No. 19598 Bears S67°57'53"W 25.13' 48" Culvert with Headwalls Line Table Line # L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L13 L14 Length 37.76 151.85 60.56 91.29 59.49 147.62 66.83 116.35 167.89 28.50 112.07 165.54 185.38 19.84 Direction S76°23'19"W N61°03'21"E S61°03'21"W N61°03'21"E N60°33'23"E N88°22'39"E S65°12'01"E S59°02'43"E S52°15'42"E S36°48'40"E S25°02'16"E S67°37'19"E S67°37'19"E S67°37'19"E SITE County Road 346 Interstate 70 Silt Colorado Rive r County Road 331 County Road 331Curve Table Curve # C1 C2 C3 C4 C5 Length 39.43 93.20 81.03 101.33 196.96 Radius 33.17 102.02 485.00 485.00 265.00 Delta 068°06'39" 052°20'26" 009°34'20" 011°58'16" 042°35'02" Chord 37.15 89.99 80.93 101.15 192.45 Bearing S38°08'05"W N48°17'52"E N80°13'31"E N67°02'29"E S46°19'48"E 5/8" Rebar & 1-1/4" Yellow Plastic Cap LS No. 38342 Set Found Monument as Labeled LEGEND CERTIFICATE OF DEDICATION AND OWNERSHIP THE UNDERSIGNED JOEL RUIZ AND HORTENCIA RUIZ, BEING SOLE OWNERS IN FEE SIMPLE OF ALL THAT REAL PROPERTY SITUATED IN GARFIELD COUNTY, DESCRIBED AS FOLLOWS: A PARCEL OF LAND SITUATED IN THE SW1/4SW1/4 SECTION 10, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; COMMENCING AT A WITNESS CORNER OF THE SOUTHEAST CORNER OF SAID SECTION 10 A FOUND STONE IN PLACE; WHENCE THE SOUTH 1/4 OF SAID SECTION 10 BEARS SOUTH 89°56'48" WEST A DISTANCE OF 5270.06 FEET, THENCE SOUTH 89°56'48" WEST, A DISTANCE OF 8.17 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 00°5'26" WEST, A DISTANCE OF 692.55 FEET; THENCE 39.43 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 33.17 FEET; A TANGENT OF 22.42 FEET, WITH A CHORD BEARING OF NORTH 38°08'05" EAST AND CHORD DISTANCE OF 37.15 FEET; THENCE NORTH 76°23'19" EAST, A DISTANCE OF 37.76 FEET; THENCE 93.20 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 102.02 FEET; A TANGENT OF 50.13 FEET, WITH A CHORD BEARING OF NORTH 48°17'52" EAST, AND CHORD DISTANCE OF 89.99 FEET; THENCE SOUTH 24°3'19" WEST TO A POINT ON THE CENTER LINE OF RISING SUN DITCH, A DISTANCE OF 70.74 FEET; THENCE ALONG THE CENTERLINE OF SAID RISING SUN DITCH FOR THE FOLLOWING THIRTEEN (13) COURSES; 1. NORTH 81°24'52" EAST 60.82 FEET; 2. NORTH 76°43'34" EAST 9.00 FEET; 3. NORTH 73°1'37" EAST 1.90 FEET; 4. NORTH 67°2'29" EAST 101.15 FEET; 5. NORTH 61°3'21" EAST 151.85 FEET; 6. NORTH 60°33'23" EAST 59.49 FEET; 7. NORTH 67°57'53" EAST 703.68 FEET; 8. SOUTH 9°39'59" EAST 3.02 FEET; 9. SOUTH 89°36'18" EAST 186.76 FEET; 10. SOUTH 59°43'23" EAST 133.90 FEET; 11. SOUTH 52°17'32" EAST 203.54 FEET; 12. SOUTH 25°29'05" EAST 157.11 FEET; 13. SOUTH 41°54'19" EAST 114.99 FEET; 14. SOUTH 67°37'50" EAST 241.92 FEET; THENCE DEPARTING CENTERLINE OF SAID RISING SUN DITCH SOUTH 0°34'33" EAST A DISTANCE OF 687.20 FEET TO THE SOUTH LINE OF SAID SECTION 10; THENCE NORTH 89°56'48" WEST ALONG SAID SOUTH SECTION LINE A DISTANCE OF 1995.03 FEET TO THE POINT OF BEGINNING. CONTAINING 45.129 ACRES, MORE OR LESS, HAS [HAVE] CAUSED THE DESCRIBED REAL PROPERTY TO BE SURVEYED, LAID OUT, PLATTED AND SUBDIVIDED INTO LOTS AND BLOCKS AS SHOWN ON THIS PLAT UNDER THE NAME AND STYLE OF EL RANCHO MINOR SUBDIVISION, A SUBDIVISION IN THE COUNTY OF GARFIELD. THE OWNER(S) DO(ES) HEREBY DEDICATE AND SET APART ALL OF THE STREETS AND ROADS AS SHOWN ON THE ACCOMPANYING PLAT TO THE USE OF THE PUBLIC FOREVER, AND HEREBY DEDICATE(S) TO THE PUBLIC UTILITIES THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE LABELED AS UTILITY EASEMENTS ON THE ACCOMPANYING PLAT AS PERPETUAL EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES, IRRIGATION AND DRAINAGE FACILITIES INCLUDING, BUT NOT LIMITED TO, ELECTRIC LINES, GAS LINES AND TELEPHONE LINES, TOGETHER WITH THE RIGHT TO TRIM INTERFERING TREES AND BRUSH, WITH PERPETUAL RIGHT OF INGRESS AND EGRESS FOR INSTALLATION AND MAINTENANCE OF SUCH LINES. SUCH EASEMENT AND RIGHTS SHALL BE UTILIZED IN A REASONABLE AND PRUDENT MANNER. ALL EXPENSE FOR STREET PAVING OR IMPROVEMENTS SHALL BE FURNISHED BY THE SELLER OR PURCHASER, NOT BY THE COUNTY OF GARFIELD. EXECUTED THIS ____ DAY OF _______________, A.D., 2022. ___________________________ OWNER: JOEL RUIZ ADDRESS:PO BOX 37 SILT, CO 81652 ____________________________ OWNER: HORTENCIA RUIZ ADDRESS:PO BOX 37 SILT, CO 81652 STATE OF COLORADO ) :SS COUNTY OF GARFIELD ) THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS ___ DAY OF _______________, A.D., 2022, BY JOEL RUIZ AND HORTENCIA RUIZ. MY COMMISSION EXPIRES: ____________, WITNESS MY HAND AND OFFICIAL SEAL. (SEAL)_________________________________ NOTARY PUBLIC COUNTY COMMISSIONERS CERTIFICATE BASED UPON THE REVIEW AND RECOMMENDATION OF GARFIELD COUNTY DIRECTOR OF COMMUNITY DEVELOPMENT, THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, HEREBY APPROVES THIS MINOR SUBDIVISION PLAT THIS _____ DAY OF __________________, A.D., 2022, FOR FILING WITH THE CLERK AND RECORDER OF GARFIELD COUNTY AND FOR CONVEYANCE TO THE COUNTY OF THE PUBLIC DEDICATIONS SHOWN HEREON, SUBJECT TO THE PROVISIONS THAT APPROVAL IN NO WAY OBLIGATES GARFIELD COUNTY FOR THE FINANCING OR CONSTRUCTION OF IMPROVEMENTS ON LANDS, PUBLIC ROADS, HIGHWAYS OR EASEMENTS DEDICATED TO THE PUBLIC, EXCEPT AS SPECIFICALLY AGREED TO BY THE BOARD OF COUNTY COMMISSIONERS BY SEPARATE RESOLUTION. _____________________________________ CHAIRMAN, BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO WITNESS MY HAND AND SEAL OF THE COUNTY OF GARFIELD. ATTEST: _____________________________________ COUNTY CLERK CERTIFICATE OF TAXES PAID I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF TAXES AND ASSESSMENTS DUE AN PAYABLE AS OF____________________, UPON ALL PARCELS OF REAL ESTATE DESCRIBED ON THIS PLAT ARE PAID IN FULL. DATED THIS __ DAY OF __________________, A.D., 2022. ____________________________________ GARFIELD COUNTY TREASURER COUNTY SURVEYOR'S CERTIFICATE APPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF SURVEYS, CALCULATIONS OR DRAFTING, PURSUANT TO C.R.S. § 38-51-101 AND 102, et seq. _______________________________ GARFIELD COUNTY SURVEYOR SURVEYOR'S CERTIFICATE I, SCOTT R. BLACKARD, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO, AND THAT THIS PLAT IS A TRUE, CORRECT AND COMPLETE PLAT OF EL RANCHO MINOR SUBDIVISION AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT WAS MADE FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME, OR UNDER MY SUPERVISION, AND CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS AND STREETS OF EL RANCHO MINOR SUBDIVISION AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE SUBDIVISION OF LAND. IN WITNESS WHEREOF, I HAVE SET MY HAND AND SEAL THIS ___ DAY OF __________________, A.D., 2022. _________________________________ SCOTT R. BLACKARD P.L.S. 38342 PROFESSIONAL LAND SURVEYOR 127 E. 5TH STREET RIFLE, CO 81650 sblackard11@gmail.com VICINITY MAP 1" = 2000' GARFIELD COUNTY CLERK AND RECORDER'S CERTIFICATE THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO, AT ____ O'CLOCK _____, ON THIS ____ DAY OF _____________________, 2022, AND IS DULY RECORDED AS RECEPTION NO. _______________________________________. _____________________________ CLERK AND RECORDER BY: _______________________________________ DEPUTY PLAT NOTES A.NOXIOUS WEEDS. CONTROL OF NOXIOUS WEEDS IS THE RESPONSIBILITY OF THE PROPERTY OWNER. B.OPEN HEARTH SOLID-FUEL FIREPLACES. NO OPEN HEARTH SOLID-FUEL FIREPLACES WILL BE ALLOWED ANYWHERE WITHIN THE SUBDIVISION. ONE NEW SOLID-FUEL BURNING STOVE AS DEFINED BY C.R.S. 25-7-401, ET.SEQ., AND THE REGULATIONS PROMULGATED THEREUNDER, WILL BE ALLOWED IN ANY DWELLING UNIT. ALL DWELLING UNITS WILL BE ALLOWED AN UNRESTRICTED NUMBER OF NATURAL GAS BURNING STOVES AND APPLIANCES. C.EXTERIOR LIGHTING. ALL EXTERIOR LIGHTING SHALL BE THE MINIMUM AMOUNT NECESSARY AND THAT ALL EXTERIOR LIGHTING SHALL BE DIRECTED INWARD AND DOWNWARD, TOWARDS THE INTERIOR OF THE SUBDIVISION, EXCEPT THAT PROVISIONS MAY BE MADE TO ALLOW FOR SAFETY LIGHTING THAT GOES BEYOND THE PROPERTY BOUNDARIES. D.RIGHT TO FARM COLORADO IS A “RIGHT-TO-FARM” STATE PURSUANT TO C.R.S. 35-3-11, ET. SEQ. LANDOWNERS, RESIDENTS AND VISITORS MUST BE PREPARED TO ACCEPT THE ACTIVITIES, SIGHTS, SOUNDS AND SMELLS OF GARFIELD COUNTY'S AGRICULTURAL OPERATIONS AS A NORMAL AND NECESSARY ASPECT OF LIVING IN A COUNTY WITH A STRONG RURAL CHARACTER AND A HEALTHY RANCHING SECTOR. THOSE WITH AN URBAN SENSITIVITY MAY PERCEIVE SUCH ACTIVITIES, SIGHTS, SOUND, AND SMELLS ONLY AS INCONVENIENCE, EYESORE, NOISE AND ODOR. HOWEVER, STATE LAW AND COUNTY POLICY PROVIDE THAT RANCHING, FARMING AND OTHER AGRICULTURAL ACTIVITIES AND OPERATIONS WITHIN GARFIELD COUNTY SHALL NOT BE CONSIDERED TO BE NUISANCES SO LONG AS OPERATED IN CONFORMANCE WITH THE LAW AND IN A NON-NEGLIGENT MANNER. THEREFORE, ALL MUST BE PREPARED TO ENCOUNTER NOISES, ODOR, LIGHTS, MUD, DUST, SMOKE, CHEMICALS, MACHINERY ON PUBLIC ROADS, LIVESTOCK ON PUBLIC ROADS, STORAGE AND DISPOSAL OF MANURE, AND THE APPLICATION BY SPRAYING OR OTHERWISE OF CHEMICAL FERTILIZERS, SOIL AMENDMENT, HERBICIDE, AND PESTICIDES, ANY ONE OR MORE OF WHICH MAY NATURALLY OCCUR AS PART OF LEGAL AND NON-NEGLIGENT AGRICULTURAL OPERATIONS. E.MAINTENANCE OF FENCES, RURAL LIVING, ETC. ALL OWNERS OF LAND, WHETHER RANCH OR RESIDENCE, HAVE OBLIGATIONS UNDER STATE LAW AND COUNTY REGULATIONS WITH REGARD TO THE MAINTENANCE OF FENCES AND IRRIGATION DITCHES, CONTROLLING WEEDS, KEEPING LIVESTOCK AND PETS UNDER CONTROL, USING PROPERTY IN ACCORDANCE WITH ZONING, AND OTHER ASPECTS OF USING AND MAINTAINING PROPERTY. RESIDENTS AND LANDOWNERS ARE ENCOURAGED TO LEARN ABOUT THESE RIGHTS AND RESPONSIBILITIES AN ACT AS GOOD NEIGHBORS AND CITIZENS OF THE COUNTY. A GOOD INTRODUCTORY SOURCE FOR SUCH INFORMATION IS “A GUIDE TO RURAL LIVING & SMALL SCALE AGRICULTURE” PUT OUT BY THE COLORADO STATE UNIVERSITY EXTENSION OFFICE IN GARFIELD COUNTY. F.MINERAL RIGHTS. THE MINERAL RIGHTS ASSOCIATED WITH THIS PROPERTY MAY NOT BE TRANSFERRED WITH THE SURFACE ESTATE THEREFORE ALLOWING THE POTENTIAL FOR NATURAL RESOURCE EXTRACTION ON THE PROPERTY BY THE MINERAL ESTATE OWNER(S) OR LESSEE(S). G.DOMESTIC DOGS. DOGS KEPT ON THE PROPERTY SHALL BE IN A FENCED YARD OR ON A LEASH TO PREVENT HARASSMENT OF WILDLIFE. H.WILDLIFE-FRIENDLY FENCING. FENCING ON THE PROPERTY SHALL COMPLY WITH THE COLORADO PARKS AND WILDLIFE SPECIFICATIONS FOR WILDLIFE-FRIENDLY FENCING. I. A LOT SPECIFIC GEOTECHNICAL INVESTIGATION AND ANALYSIS IS REQUIRED TO BE SUBMITTED AT THE TIME OF BUILDING PERMIT APPLICATION FOR BUILDING LOCATIONS ON EACH LOT. SUCH GEOTECHNICAL INVESTIGATION SHALL INCLUDE RECOMMENDATIONS REGARDING SOIL MITIGATION, EARTHWORK, FOUNDATION/FLOOR SYSTEMS, SOIL CORROSIVITY, SUBSURFACE DRAINAGE, ETC., FOR DESIGN. EL RANCHO MINOR SUBDIVISION A Parcel of Land Situate in Section 10, Township 6 South, Range 92 West of the Sixth Principal Meridian, County of Garfield, State of Colorado NOTES 1.) THE DATE OF THE FIELD SURVEY WAS OCTOBER 15, 2020. 2.) ALL BEARINGS RELATIVE TO A BEARING OF N89°56'48"W BETWEEN THE 17' WITNESS CORNER FOR THE SOUTHEAST CORNER OF SECTION 9 (A STONE MONUMENT IN PLACE) AND THE SOUTHWEST CORNER OF SECTION 9 (A BRASS CAP IN PLACE). 3.) THIS SURVEY IS BASED ON A TITLE COMMITMENT BY COMMONWEALTH TITLE COMPANY OF GARFIELD COUNTY, INC., A SURVEY BY DIVIDE CREEK SURVEYORS INC., PROJECT NO. 10/31/2018 DMC, STAMPED NOVEMBER 5, 2018, AN IMPROVEMENT SURVEY PLAT BY HIGH COUNTRY ENGINEERING DATED SEPTEMBER 21, 2010, JOB NO. 2061006.03 AND DOCUMENTS OF RECORD AND MONUMENTS FOUND IN PLACE. 4.) THE PURPOSE OF THIS MINOR SUBDIVISION IS TO DIVIDE THE EXISTING PARCEL NO. 217910300001 INTO THREE (3) SEPARATE PARCELS. 5.) THIS PROPERTY IS LOCATED IN THE RURAL ZONE DISTRICT. 6.) FLOOD INFORMATION IS BASED ON FIRM MAP NUMBER 0802231091B WITH A REVISION DATE OF AUGUST 2, 2006. 7.) THE NORTHERLY BOUNDARY LINE HAS BEEN ADJUSTED WITH THIS PLAT IN ORDER TO NOT CREATE A HIATUS BETWEEN THE NORTH ADJOINING PARCELS AND TO MATCH THE NORTHERLY BANK OF THE RISING SUN DITCH AS LOCATED ON JUNE 9, 2022. LIENHOLDER CONSENT AND SUBORDINATION THE UNDERSIGNED, BEING THE BENEFICIARY UNDER A DEED OF TRUST GRANTED BY THE OWNER(S) UPON THE REAL PROPERTY PLATTED AND DIVIDED AS SHOWN UPON THE WITHIN EL RANCHO MINOR SUBDIVISION PLAT, CERTIFIES THAT THE UNDERSIGNED HAS REVIEWED THE EL RANCHO MINOR SUBDIVISION PLAT AND BY THIS CERTIFICATION HEREBY CONSENTS TO SAID EL RANCHO MINOR SUBDIVISION PLAT AND TO THE RECORDING THEREOF. BENEFICIARY FURTHER CONSENTS TO SAID EL RANCHO MINOR SUBDIVISION PLAT AS STATED IN THE CERTIFICATE OF DEDICATION AND OWNERSHIP EXECUTED BY THE OWNER(S) HEREON, AND HEREBY SUBORDINATES ANY INTEREST THAT BENEFICIARY MAY HAVE IN AND TO THE PROPERTY SUBJECT TO SUCH DEDICATION, TO THE ENTITY(IES) OR THE GENERAL PUBLIC TO WHICH SUCH DEDICATION IS MADE. EXECUTED THIS ____ DAY OF _______________, A.D., 2022. _________________________________________ LIENHOLDER STATE OF COLORADO ) : SS COUNTY OF GARFIELD ) THE FOREGOING LIENHOLDER CONSENT AND SUBORDINATION WAS ACKNOWLEDGED BEFORE ME THIS ____ DAY OF _________________, A.D., 2022, BY ______________________. MY COMMISSION EXPIRES: _____________________________. WITNESS MY HAND AND OFFICIAL SEAL. (SEAL)_________________________________________ NOTARY PUBLIC TITLE CERTIFICATE I, PATRICK BURWELL, AN AGENT AUTHORIZED BY A TITLE INSURANCE COMPANY, DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO ALL LANDS SHOWN UPON THIS PLAT AND THAT TITLE TO SUCH LANDS IS VESTED IN AS SET FORTH HEREON IN THE CERTIFICATE OF DEDICATION AND OWNERSHIP, FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES (INCLUDING MORTGAGES, DEEDS OF TRUST, JUDGMENTS, EASEMENTS, CONTRACTS AND AGREEMENTS OF RECORD AFFECTING THE REAL PROPERTY IN THIS PLAT), EXCEPT AS FOLLOWS: ALL EXCEPTIONS SET FORTH ON SCHEDULES B-PART 2 OF COMMITMENT NUMBER 1809062.1 WITH EFFECTIVE DATE OF JULY 1, 2021. DATED THIS ________ DAY OF ______________, A.D., 2022 TITLE COMPANY: COMMONWEALTH TITLE COMPANY OF GARFIELD COUNTY, INC. __________________________________________ AGENT EL RANCHO MINOR SUBDIVISION A Parcel of Land Situate in Section 10, Township 6 South, Range 92 West of the Sixth Principal Meridian, County of Garfield, State of Colorado MINERAL RIGHTS OWNER'S AND ADDRESSES (SHOWN ON RECORDED CONVEYANCE INSTRUMENT) Bob Hasselbush P. O. Box 100 Lexington, Texas 78947 William Hasselbush P. O. Box 61 Jamestown, California 95327 Arnold R. Allen & Estate of June Terry aka June M. Terry aka June M. Allen No Address Provided Donna A. Gieser No Address Provided Lana Arleen Scott No Address Provided June Aleta McNamee No Address Provided Susan Alatia Powell No Address Provided McClung Trust dated April 6, 1987 4200 Summers Lane, No. 58 Klamath Falls, Oregon 97603 Flat Tops, LLC 86 Rose Lane Lakeview, Arkansas 72642 Frank Deyoe Green 118 8th Street NW; P.O. Box 127 Beulah, North Dakota 58523 Thomas Lee Wisdom 6830 Corntassel Drive Colorado Springs, Colorado 80911 Leslie D. McPherson and Jeanne L. McPherson 1859 County Road 344 Silt, Colorado 81650 Paul Bagley 1073 County Road Silt, Colorado 81650 Marylee Hoaglund 10876 Melody Drive Northglenn, Colorado 80234 Barbara Wiles 10179A Green Court Westminster, Colorado 80030 June Bagley 540 Crawford Lane Palisade, Colorado 81526 Janice Marie Matticks Living Trust 2718 East Yucatan Court Grand Junction, Colorado 81506 Kenneth W. McPherson 1055 Main Street Meeker, Colorado 81641 Clifford E. McPherson 41 Red Feather Drive New Castle, Colorado 81647 Donald L. McPherson P.O. Box 922 Meeker, Colorado 81641 F & C McPherson LLLP 10351 3100 Road Lazear, Colorado 81420 D & L McPherson LLLP P.O. Box 233 Craig, Colorado 81626 Pollvogt Garfield LLLP 9324 Paseo Palo Verde Casa Grande, Arizona 85222 Charles Allen Bagley 627 North Happy Valley Road Nampa, Idaho 83687 George E. Bagley Deceased See list of 12 grantees in attached Special Warranty Deed Recorded as Reception No. 857873. JG & MR McPherson LLLP 5442 County Road 203 Durango, Colorado 81301 Michael Warren McPherson 21103 State Highway 11 Barnsdall, Oklahoma 74002 The Meisner Revocable Living Trust Number 40 Blackburn Place Ventura, California 93004 Nancy Joyce Bird No Address Provided Robert Daniel Raley No Address Provided Phyllis Anita Pollard (Scarrow) No Address Provided Bonnie Pearl Hess No Address Provided Errol Rufus Raley No Address Provided Mary Romana Patch (Walker) No Address Provided Rufus Craig Patch No Address Provided Vernon P. Dedisse, Jr. 34 Cornell Longmont, Colorado 80501 See list of 7 grantees in attached Personal Representative’s Deed Recorded as Reception No. 752357. Dixon Water Foundation P.O. Box 177 Marfa, Texas 79843 Discovery Foundation 6060 N. Central Expressway Dallas, Texas 75206 County Road 346 County Road 331 County Road 33154305 4 4 0 54 3 05420542 0 5440EXHIBIT EL RANCHO MINOR SUBDIVISION DATE: 12/16/22 JOB NO. 19055 A PARCEL OF LAND SITUATE IN SECTION 10, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO Grand Junction Service Center Northwest Regional Office 711 Independent Ave. Grand Junction, CO 81505 P 970-255-6100 | F 970-255-6111 Dan Prenzlow, Director, Colorado Parks and Wildlife • Parks and Wildlife Commission: Marvin McDaniel, Chair • Carrie Besnette Hauser, Vice-Chair Marie Haskett, Secretary • Taishya Adams • Betsy Blecha • Charles Garcia • Dallas May • Duke Phillips IV • Luke B. Schafer • Eden Vardy • James Jay Tutchton April 20th, 2022 Garfield County Planning Department Attn: Vince Hooper, Planner III 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Dear Mr. Hooper, I have been asked by Joel Ruiz to provide some input on the bald eagle nest near the Silt River Preserve and its current status as it may impact some planned construction across County Road 346. Unfortunately on April 5th, 2022 the bald eagle nest near the parking lot of the Silt River Preserve was destroyed due to high winds. At the time of the destruction the bald eagles were actively using the nest to incubate eggs which were also destroyed in the incident. At this nest should no longer be considered active or even existing. The adult bald eagles have moved to the other existing nest located on the island of the Preserve. At this time CPW would be comfortable removing any existing buffer distances and timing restrictions for the destroyed nest for nearby construction or land use alterations. While the nest is currently destroyed there is the possibility that the bald eagles decide to rebuild the nest at or near the location of where the nest was destroyed. At this time a new nest would not be constructed within the timeframe for nesting timing restrictions and the bald eagles will not be able to have any more eggs this year. CPW will continue to monitor the area for any bald eagle nest construction. If a new nest is constructed CPW will inform the Garfield County Planning committee in future land use comments and recommend appropriate buffers as well as timing restrictions. If you have any questions or concerns, please reach out to District Wildlife Manager Travis Bybee at 970-985-5882 Sincerely, Travis Bybee, District Wildlife Manager www.hceng.com PHONE (970) 945-8676 FAX (970) 945-2555 1517 BLAKE AVENUE, STE 101, GLENWOOD SPRINGS, CO 81601 PHONE (303) 925-0544 FAX (303) 925-0547 14 INVERNESS DRIVE EAST, STE F-120, ENGLEWOOD, CO 80112 HIGH COUNTRY ENGINEERING, INC. file: date: checked by: drawn by: Project No: page: scale: 1 2221015.00 1" = 800' EX-01 JUNE, 2022 HCE HCE VICINITY MAP ON SITE WASTE WATER SYSTEM future el rancho subdivision GARFIELD COUINTY RUIZ N 00°06'36" W 687.50'30.0' Access EasementReception No. 795361Gravel PadSurface Use andDevelopment AgreementReception No. 731092FutureLot 32.153 Acres ±FutureLot 17.825 Acres ±FutureLot 236.270 Acres ±Zone AFirm Map 0802231091BExistingHouseRecord N 89°56'48" W1995.03'S 0°34'33" ERecord 687.20'(724.36' Field)Centerline of Rising Sun DitchN0° 05' 26.00"W 937.95 N17° 1 1 ' 4 5 . 9 5 " E 765. 3 9S89° 32' 29.30"W 1994.80County Road No. 346C o u n t y R o a d N o . 3 3 1 ExistingWellBYNO.DATE BYPROJECT NO.OR 534 - 06700 IN METRO DENVER UNDERGROUND MEMBER UTILITIES EXCAVATE FOR THE MARKING OF BEFORE YOU DIG, GRADE, OR CALL 2-BUSINESS DAYS IN ADVANCE 1-800-922-1987 CENTER OF COLORADO CALL UTILITY NOTIFICATIONREVISIONdrawn by: checked by: date: file: HIGH COUNTRY ENGINEERING, INC. PHONE (970) 945-8676 - FAX (970) 945-2555 www.hceng.com 1517 BLAKE AVENUE, STE 101, GLENWOOD SPRINGS, CO 81601 EX-02 JUNE, 2022 HCE HCE SOILS SUITABILITY MAP ON SITE WASTE WATER SYSTEM FUTURE EL RANCHO SUBDIVISION GARFIELD COUNTY CO. RUIZ EX-022221015.00JOB NOFuture Lot 1Future Lot 3 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 Date: April 8, 2022 File No. 1809062.1 Property Address. TBD County Road 311, Silt Joel Ruiz and Hortencia Ruiz Email:joel-ruiz@live.com COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 1809062.1 1. Effective Date: April 5, 2022 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: Joel Ruiz and Hortencia Ruiz 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 and mineral research $550.00 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. 1809062.1 EXHIBIT "A" A parcel of land situated in the SW1/4SW1/4 Section 10, Township 6 South, Range 92 West of the 6th Principal Meridian, County of Garfield, State of Colorado; commencing at a witness corner of the Southeast corner of said Section 10 a found stone in place; whence the South 1/4 of said Section 10 bears South 89°56'48" West a distance of 5270.06 feet, thence South 89°56'48" West, a distance of 8.17 feet for the POINT OF BEGINING; thence North 00°5'26" West, a distance of 692.55 feet; thence 39.43 feet along the arc of a curve to the right, having a radius of 33.17 feet; a tangent of 22.42 feet, with a chord bearing of North 38°08'05" East and chord distance of 37.15 feet; thence North 76°23'19" East, a distance of 37.76 feet; thence 93.20 feet along the arc of a curve to the left, having a radius of 102.02 feet; a tangent of 50.13 feet, with a chord bearing of North 48°17'52" East, and chord distance of 89.99 feet; thence South 24°3'19" West to a point on the center line of rising sun ditch, a distance of 70.74 feet; thence along the centerline of said rising sun ditch for the following thirteen (13) courses; 1. North 81°24'52" East 60.82 feet; 2. North 76°43'34" East 9.00 feet; 3. North 73°1'37" East 1.90 feet; 4. North 67°2'29" East 101.15 feet; 5. North 61°3'21" East 151.85 feet; 6. North 60°33'23" East 59.49 feet; 7. North 67°57'53" East 703.68 feet; 8. South 9°39'59" East 3.02 feet; 9. South 89°36'18" East 186.76 feet; 10. South 59°43'23" East 133.90 feet; 11. South 52°17'32" East 203.54 feet; 12. South 25°29'05" East 157.11 feet; 13. South 41°54'19" East 114.99 feet; 14. South 67°37'50" East 241.92 feet; thence departing centerline of said rising sun ditch South 0°34'33" East a distance of 687.20 feet to the South line of said Section 10; thence North 89°56'48" West along said South Section line a distance of 1995.03 feet to the Point of Beginning. File No. 1809062.1 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. 1809062.1 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 March 21, 1903 as Reception No. 27738 . 10. Reservation of an undivided one-half interest in all oil, gas and other minerals and mineral rights as described in instrument recorded April 17, 1964 in Book 357 at Page 324 and any and all assignments thereof or interests therein. 11. Terms and conditions of Memorandum of Lease by and between the Estate of Roger McFarland Dixon, deceased and Antero Resources Corporation recorded June 2, 2006 in Book 1806 at Page 248. Amended November 22, 2011 as Reception No. 811153. 12. Terms and conditions of Ordinance No. 20 Series 2008 recorded November 17, 2008 as Reception No. 758735 and re-recorded March 12, 2009 as Reception No. 764572. 13. Right of way easement granted to U.S. West Communications Inc., a Colorado Corporation in instrument recorded January 18, 1994 in Book 890 at Page 143. 14. Terms, conditions and all matters, including easements, as described and set forth in Surface Use and Development Agreement recorded August 17, 2007 as Reception No. 731092 and First Amendment recorded August 17, 2007 as Reception No. 731093, Second Amendment recorded August 5, 2008 as Reception No. 753643, Fourth Amendment recorded November 4, 2011 as Reception No. 810334, Fifth Amendment recorded May 17, 2012 as Reception No. 818840, Sixth Amendment recorded January 20, 2014 as Reception No. 845444 and Seventh Amendment recorded September 10, 2014 as Reception No. 853455. 15. Reservation of and undivided 2.1305% interest in the oil, gas and other mineral estate as more fully described in instrument recorded January 28, 2008 as Reception No. 741915 and any and all assignments thereof or interests therein. 16. Easements and rights of way for existing ditches, laterals and canals. 17. Terms and conditions of Assignment and Bill of Sale (right of way assets) recorded January 14, 2013 as Reception No. 829913. 18. Easements, the exact locations of which are not defined, granted in instruments recorded April 10, 2003 in Book 1456 at Page 949, Book 1456 Page 961, and Book 1456 Page 973 to the extent said easements affect the subject parcel. 19. Terms and conditions of Oil and Gas Lease by and between Valley Farms, Inc., as Lessor and Antero Resources II Corporation, as Lessee, recorded November 1, 2004 in Book 1635 at Page 630 as amended by instrument recorded April 24, 2006 in Book 1792 at Page 320 and in instrument recorded August 5, 2008 as Reception No. 753643, Amendment and Extension recorded November 22, 2011 as Reception No. 811153 Amended January 20, 2014 as Reception No. 845445, and correction Memorandum of Lease recorded January 21, 2014 as Reception No. 845475 and any and all interests therein or assignments thereof. (Continued) File No. 1809062.1 SCHEDULE B - SECTION 2 (Continued) 20. Terms, conditions and all matters set forth in Town of Silt Ordinance No. 14 Series 2006 recorded January 11, 2007 in Book 1883 at Page 463 as amended in instrument recorded January 29, 2007 in Book 1889 at Page 486. 21. Conveyance of the the oil, gas and other mineral estate to the Dixon Water Foundation and the Discovery Foundation and the Exclusive rights to the oil, gas and other minerals to the Dixon Water Foundation as described in instrument recorded January 28, 2008 as Reception No. 741915 and any and all assignments thereof or interests therein. 22. Reservation of and undivided 2.1305% interest in the oil, gas and other mineral estate as more fully described in instrument recorded January 28, 2008 as Reception No. 741915 and any and all assignments thereof or interests therein. 23. Reservation of one-half of all oil, gas and other mineral rights in instrument recorded June 6, 1958 in Book 309 at Page 295 and any and all assignments thereof or interests therein. 24. Reservation of an undivided 1/6 of all minerals, including oil and gas in instrument recorded May 9, 1962 in Book 342 at Page 69 and any and all assignments thereof or interests therein. 25. Reservation of one-half of all the oil, gas and minerals in instrument recorded October 3, 1963 in Book 353 at Page 255 and any and all assignments thereof or interests therein. 26. Terms and conditions of Agreement recorded April 12, 1979 in Book 525 at Page 906. 27. Terms and conditions of Easement Agreement recorded December 7, 2010 as Reception No. 795361. 28. Easement granted to the Town of Silt in instrument recorded December 7, 2010 as Reception No. 795361. 29. Garfield County Resolution No. 2010-03 recorded December 17, 2010 as Reception No. 795962. 30. Reservation of an undivided 1/2 of all minerals including oil and gas in instrument recorded May 9, 1962 in Book 342 at Page 69 and Book 342 at Page 65 and any interest therein or assignments thereof. 31. Right of way for County Road No. 346. 32. Possessory rights outside fence, apparent easement for overhead utilities and all matters shown on Improvement Survey Plat prepared by Divide Creek Surveyors Inc. dated October 31, 2018. 33. Resolution No. 38 Series of 2018 recorded December 14, 2018 as Reception No. 915294. 34. Terms and conditions set forth in Water Infrastructure Easement Deed and Agreement recorded December 14, 2018 as Reception No. 915295. 35. Reservation of all oil and gas as described in Warranty Deed recorded December 17, 2018 as Reception No. 915317 and any and all assignments thereof or interests therein. 36. Right of way easement granted to Holy Cross Energy in instrument recorded October 10, 2019 as Reception No. 926649 and June 19, 2020 as Reception No. 936979. (Continued) File No. 1809062.1 SCHEDULE B - SECTION 2 (Continued) 37. Utility Easement set forth in instrument recorded March 10, 2021 as Reception No. 951865. 38. Deed of Trust from Joel Ruiz and Hortencia Ruiz to the Public Trustee of Garfield County for the use of Zions Bancorporation, N.A. dba Vectra Bank Colorado, showing an original amount of $500,000.00, dated August 12, 2020 and recorded August 28, 2020 as Reception No. 940975. 39. 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.