HomeMy WebLinkAbout1.00 Application111 E. 3rd Street
Floor 1, Suite 101
Rifle, CO 81650
Phone: 970-625-5426 Fax: 844-269-2759
COMMITMENT TRANSMITTAL
Commitment Ordered By:
Neil Goluba
Goluba & Goluba PC
823 Cooper Ave
Glenwood Springs, CO 81601
Phone: 970-945-9141 Fax:
email: golubapc@comcast.net
Inquiries should be directed to:
Authorized Officer or Agent
Title Company of the Rockies
111 E. 3rd Street
Floor 1, Suite 101
Rifle, CO 81650
Phone: 970-625-5426 Fax: 844-269-2759
Commitment Number:1205845-C
Buyer's Name(s):Purchaser with contractual rights under a purchaser agreement with the vested owner
identified at item 4 below
Seller's Name(s):Shelton Properties LLC, a Colorado limited liability company
Property:0 Hwy 13, Rifle, CO 81650
Section: 15 Township: 5 Range: 93, County of Garfield, State of Colorado.
COPIES / MAILING LIST
Purchaser with contractual rights under a purchaser agreement
with the vested owner identified at item 4 below
Wayne Shelton
Shelton Properties LLC, a Colorado limited liability company
COLORADO NOTARIES MAY REMOTELY NOTARIZE REAL ESTATE DEEDS AND OTHER
DOCUMENTS USING REAL-TIME AUDIO-VIDEO COMMUNICATION TECHNOLOGY. YOU MAY
CHOOSE NOT TO USE REMOTE NOTARIZATION FOR ANY DOCUMENT.
Service Beyond Expectation in Colorado for: Eagle, Garfield, Grand, Pitkin and Summit Counties. (Limited Coverage: Jackson, Lake, Park and Routt Counties)
Locations In: Avon/Beaver Creek, Basalt, Breckenridge, Grand Lake and Winter Park. (Closing Services available in Aspen and Glenwood Springs).
Page 1 of 1 April 12, 2023
10:10 AM
111 E. 3rd Street
Floor 1, Suite 101
Rifle, CO 81650
Phone: 970-625-5426 Fax: 844-269-2759
www.titlecorockies.com
Commitment Ordered By:
Neil Goluba
Goluba & Goluba PC
823 Cooper Ave
Glenwood Springs, CO 81601
Phone: 970-945-9141 Fax:
email: golubapc@comcast.net
Inquiries should be directed to:
Authorized Officer or Agent
Title Company of the Rockies
111 E. 3rd Street
Floor 1, Suite 101
Rifle, CO 81650
Phone: 970-625-5426 Fax: 844-269-2759
Commitment Number:1205845-C
Buyer's Name(s):Purchaser with contractual rights under a purchaser agreement with the vested owner identified
at item 4 below
Seller's Name(s):Shelton Properties LLC, a Colorado limited liability company
Property:0 Hwy 13, Rifle, CO 81650
Section: 15 Township: 5 Range: 93, County of Garfield, State of Colorado.
TITLE CHARGES
These charges are based on issuance of the policy or policies described in the attached Commitment for Title Insurance, and includes premiums
for the proposed coverage amount(s) and endorsement(s) referred to therein, and may also include additional work and/or third party charges
related thereto.
If applicable, the designation of “Buyer” and “Seller” shown below may be based on traditional settlement practices in Garfield County,
Colorado, and/or certain terms of any contract, or other information provided with the Application for Title Insurance.
Owner’s Policy Premium:
Loan Policy Premium:
Additional Lender Charge(s):
Additional Other Charge(s):
Tax Certificate:
Total Endorsement Charge(s):
TBD Charge(s):
TOTAL CHARGES:
$0.00
$0.00
$250.00
$250.00
Service Beyond Expectation in Colorado for: Eagle, Garfield, Grand, Pitkin and Summit Counties. (Limited Coverage: Jackson, Lake, Park and Routt Counties)
Locations In: Avon/Beaver Creek, Basalt, Breckenridge, Grand Lake and Winter Park. (Closing Services available in Aspen and Glenwood Springs).
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
COMMITMENT FOR TITLE INSURANCE
Issued by
as agent for
Westcor Land Title Insurance Company
SCHEDULE A
Reference:Commitment Number: 1205845-C
1.Effective Date: April 04, 2023, 7:00 am Issue Date: April 12, 2023
2. Policy (or Policies) to be issued:
ALTA® 2021 Owner's Policy Policy Amount:Amount to be Determined
Premium:Amount to be Determined
Proposed Insured:Purchaser with contractual rights under a purchaser agreement with the
vested owner identified at item 4 below
3.The estate or interest in the Land at the Commitment Date is Fee Simple .
4. The Title is, at the Commitment Date, vested in:
Shelton Properties LLC, a Colorado limited liability company
5. The Land is described as follows:
FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE
For Informational Purposes Only - APN: 212915200056
Countersigned
Title Company of the Rockies, LLC
By:
Mike Mulligan
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 1205845-C
SCHEDULE A (continued)
LEGAL DESCRIPTION
The Land referred to herein is located in the County of Garfield, State of Colorado, and described as follows:
Township 5 South, Range 93 West of the 6 th P.M.
Section 15: SE¼ NW¼, SW¼ NE¼ lying Southerly and Westerly of U.S. Highway No. 13.
For each policy to be issued as identified in Schedule A, Item 2, the Company shall not be
liable under this commitment until it receives a specific designation of a Proposed Insured,
and has revised this commitment identifying that Proposed Insured by name. As provided in
Commitment Condition 4, the Company may amend this commitment to add, among other
things, additional exceptions or requirements after the designation of the Proposed Insured.
This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Westcor
Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to
Issue Policy; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 1205845-C
COMMITMENT FOR TITLE INSURANCE
Issued by
Westcor Land Title Insurance Company
SCHEDULE B, PART I
Requirements
All of the following Requirements must be met:
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.
Resolution or Statement of Authority by Shelton Properties LLC, a Colorado limited liability5.
company, authorizing the transaction, executed by the managers or members set forth in the
Operating Agreement.
NOTE: Review Operating Agreement for authority of party(ies) to act on behalf of said limited
liability company and complete the transaction contemplated herein.
NOTE: Please be advised that our search did not disclose any open Deeds of Trust of
record. If you should have knowledge of any outstanding obligation, please contact the Title
Department immediately for further review prior to closing.
Deed from Shelton Properties LLC, a Colorado limited liability company to Purchaser with6.
contractual rights under a purchaser agreement with the vested owner identified at item 4 below.
This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Westcor
Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to
Issue Policy; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 1205845-C
NOTE: Duly executed real property transfer declaration, executed by either the Grantor or
Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No.
1288-CRA 39-14-102.
THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF
THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR GARFIELD
COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR
DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES,
AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY,
AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO
THE COMPANY.
NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND
UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL
BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR
NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES
UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND
SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF
INSURANCE.
This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Westcor
Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to
Issue Policy; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 1205845-C
SCHEDULE B, PART II
Exceptions
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable
by law. This Commitment and the Policy treat any Discriminatory Covenant in a document
referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed,
and not republished or recirculated. Only the remaining provisions of the document will be
excepted from coverage.
The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or
easement identified in Schedule A, and will include the following Exceptions unless cleared to the
satisfaction of the Company:
Any facts, right, interests, or claims which are not shown by the Public Records but which could1.
be ascertained by an inspection of said Land or by making inquiry of persons in possession
thereof.
Easements or claims of easements, not shown by the Public Records.2.
Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the3.
Title that would be disclosed by an accurate and complete land survey of the Land.
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 of
the proposed insured acquires of record for value the estate or interest or mortgage thereon
covered by this Commitment.
6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the Public Records; (b)
proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
Right of way for ditches or canals constructed by the authority of the United States, as reserved in7.
United States Patent recorded May 18, 1912 as Reception No. 44449, and November 6, 1973 in
Book 451 at Page 451 as Reception No. 260607.
Any and all water and water rights, reservoir and reservoir rights, ditches and ditch rights, and the8.
This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Westcor
Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to
Issue Policy; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 1205845-C
enlargements and extensions thereof, and all laterals, flumes and headgates used in connection
therewith.
Right of Way Easement granted onto Mountain States Telephone and Telegraph Co., recorded9.
October 22, 1924 in Book 147 at Page 49 as Reception No. 88991.
Easement granted to Department of Highways, State of Colorado, recorded July 11, 1952 in Book10.
265 at Page 46 as Reception No. 179901.
Oil and Gas Lease between Claude H. Rees and Theo H. Rees and C. Humbert Rees and Eleanor11.
F. Rees and the Ohio Oil Company, recorded October 11, 1958 in Book 311 at Page 596 as
Reception No. 203142, and any and all assignments of record, thereof, or interests therein.
Right of way for Curecante-Hayden Transmission Line - Colorado River Storage Project,12.
recorded June 5, 1963 in Book 349 at Page 536 as Reception No. 221699, and recorded
December 20, 1968 in Book 398 at Page 340 as Reception No. 242363.
Easement granted to Colorado-Ute Electric Association, Inc., recorded July 25, 1963 in Book 35113.
at Page 562 as Reception No. 222256.
United States Department of the Interior Bureau of Reclamation Grant of Easement for Access
Road, recorded August 12, 1963 in Book 352 at Page 234 as Reception No. 222447.
Easement, granted unto Colorado-Ute Electric Association, Inc., recorded August 5, 1976 in14.
Book 487 at Page 432 as Reception No. 273832.
Terms, agreements, provisions, conditions and obligations as contained in Memorandum of15.
Water Allotment Contract recorded January 24, 2023 at Reception No. 982986 and Reception
No. 982987.
This page is only a part of a 2021 ALTA Short Form Commitment for Title Insurance issued by Westcor
Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to
Issue Policy; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Commitment No: 1205845-C
DISCLOSURE STATEMENTS
Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, requires that
"Every Title entity shall be responsible for all matters which appear of record prior to the time of
recording whenever the Title entity conducts the closing and is responsible for recording or filing of legal
documents resulting from the transaction which was closed.” (Gap Protection)
Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's
Policy to be issued hereunder upon compliance with the following conditions:
The Land described in Schedule A of this commitment must be a single-family residence, which1.
includes a condominium or townhouse unit.
No labor or materials may have been furnished by mechanics or materialmen for purpose of2.
construction on the Land described in Schedule A of this Commitment within the past 13
months.
The Company must receive an appropriate affidavit indemnifying the Company against unfiled3.
mechanic's and materialmen's liens.
Any deviation from conditions A though C above is subject to such additional requirements or4.
Information as the Company may deem necessary, or, at its option, the Company may refuse to
delete the exception.
Payment of the premium for said coverage.5.
Note 3: The following disclosures are hereby made pursuant to §10-11-122, C.R.S.:
The subject real property may be located in a special taxing district;(i)
A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County(ii)
Treasurer or the County Treasurer's authorized agent; and
Information regarding special districts and the boundaries of such districts may be obtained from(iii)
the County Commissioners, the County Clerk and Recorder, or the County Assessor.
Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to
comply with the disclosure or withholding provisions of C.R.S. §39-22-604.5 (Non-resident
withholding).
Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given:
(a) If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed
from the surface estate then 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.
Note 6: Effective September 1, 1997, 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 inch the clerk and recorder may refuse to record or file
any document that does not conform.
Note 7: Our Privacy Policy:
We will not reveal nonpublic personal customer information to any external non-affiliated organization
unless we have been authorized by the customer, or are required by law.
Note 8: Records:
Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and
Page 7
Commitment No: 1205845-C
records sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes
for a period of not less than seven (7) years, except as otherwise permitted by law.
Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that “A title entity shall not earn
interest on fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest
is or has been earned. Said disclosure must offer the opportunity to receive payment of any interest
earned on such funds beyond any administrative fees as may be on file with the division. Said disclosure
must be clear and conspicuous, and may be made at any time up to and including closing.”
Be advised that the closing agent will or could charge an Administrative Fee for processing such an
additional services request and any resulting payee will also be subjected to a W-9 or other required tax
documentation for such purpose(s).
Be further advised that, for many transactions, the imposed Administrative Fee associated with such an
additional service may exceed any such interest earned.
Therefore, you may have the right to some of the interest earned over and above the Administrative Fee,
if applicable (e.g., any money over any administrative fees involved in figuring the amounts earned).
Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that “Until a title entity
receives written instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title
entity, it shall comply with the following:
The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them1.
in a fiduciary capacity.
The title entity shall use any funds designated as “earnest money ” for the consummation of the2.
transaction as evidenced by the contract to buy and sell real estate applicable to said transaction,
except as otherwise provided in this section. If the transaction does not close, the title entity
shall:
Release the earnest money funds as directed by written instructions signed by both the buyer(a)
and seller; or
If acceptable written instructions are not received, uncontested funds shall be held by the title(b)
entity for 180 days from the scheduled date of closing, after which the title entity shall return
said funds to the payor.
In the event of any controversy regarding the funds held by the title entity (notwithstanding any3.
termination of the contract), the title entity shall not be required to take any action unless and
until such controversy is resolved. At its option and discretion, the title entity may:
Await any proceeding; or(a)
Interplead all parties and deposit such funds into a court of competent jurisdiction, and(b)
recover court costs and reasonable attorney and legal fees; or
Deliver written notice to the buyer and seller that unless the title entity receives a copy of a(c)
summons and complaint or claim (between buyer and seller), containing the case number of
the lawsuit or lawsuits, within 120 days of the title entity's written notice delivered to the
parties, title entity shall return the funds to the depositing party.”
Page 8
Commitment No: 1205845-C
Title Company of the Rockies
Disclosures
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 Clerkand Recorder will refuse to record or file any document that does not conform to the requirements of this
section. Pursuant to C.R.S. 30-10-406(3)(a).
The company will not issue its policy or policies of title insurance contemplated by this commitment
until it has been provided a Certificate of Taxes due or other equivalent documentation from the CountyTreasurer or the County Treasurer's authorized agent: or until the Proposed Insured has notified or
instructed the company in writing to the contrary. Pursuant to C.R.S. 10-11-122.
No person or entity that provides closing and settlement services for a real estate transaction shalldisburse funds as a part of such services until those funds have been received and are available forimmediate withdrawals as a matter of right. Pursuant to C.R.S. 38-35-125(2).
The Company hereby notifies the proposed buyer in the current transaction that there may be recorded
evidence that the mineral estate, or portion thereof, has been severed, leased, or otherwise conveyed fromthe surface estate. If so, there is a substantial likelihood that a third party holds some or all interest in the
oil, gas, other minerals, or geothermal energy in the subject property. Such mineral estate may includethe right to enter and use the property without the surface owner's permission. Pursuant to C.R.S.
10-11-123.
If this transaction includes a sale of property and the sales price exceeds $100,000.00, the seller mustcomply with the disclosure/withholding requirements of said section. (Nonresident withholding)Pursuant to C.R.S. 39-22-604.5.
Notice is hereby given that: The subject property may be located in a special taxing district. A Certificateof Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the CountyTreasurer's authorized agent. Information regarding special districts and the boundaries of such districtsmay be obtained from the Board of County Commissioners, the County Clerk and Recorder, or theCounty Assessor. Pursuant to C.R.S. 10-11-122.
Notice is hereby given that: Pursuant to Colorado Division of Insurance Regulation 8-1-2;
"Gap Protection" -When this Company conducts the closing and is responsible for recording or filing
the legal documents resulting from the transaction, the Company shall be responsible for all matterswhich appear on the record prior to such time or recording or filing; and
"Mechanic's Lien Protection" - If you are the buyer of a single family residence, you may requestmechanic's lien coverage to be issued on your policy of Insurance. If the property being purchased
has not been the subject of construction, improvements or repairs in the last six months prior to thedate of this commitment, the requirements will be payment of the appropriate premium and the
completion of an Affidavit and Indemnity by the seller. If the property being purchased wasconstructed, improved or repaired within six months prior to the date of this commitment the
requirements may involve disclosure of certain financial information, payment of premiums, andindemnity, among others. The general requirements stated above are subject to revision and approval
by the Company. Pursuant to C.R.S. 10-11-122.
Notice is hereby given that an ALTA Closing Protection Letter is available, upon request, to certain
parties to the transaction as noted in the title commitment. Pursuant to Colorado Division of InsuranceRegulation 8-1.
Nothing herein contained will be deemed to obligate the Company to provide any of the coveragesreferred to herein unless the above conditions are fully satisfied.
Page 9
ALTA COMMITMENT FOR TITLE INSURANCE
issued by
WESTCOR LAND TITLE INSURANCE COMPANY
(ALTA Adopted 07-01-2021)
NOTICE
IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE
INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE
CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL
OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE
PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY
SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR
THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON,
INCLUDING A PROPOSED INSURED.
THE COMPANY ’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED
INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS
COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS
COMMITMENT TO ANY OTHER PERSON.
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment
Conditions, Westcor Land Title Insurance Company, a South Carolina Corporation (the “Company”), commits to issue
the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the
Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in
Schedule A both the specified dollar amount as the Proposed Amount of Insurance and the name of the Proposed Insured.
If all of the Schedule B, Part I—Requirements have not been met within (6) months after the Commitment Date, this
Commitment terminates and the Company’s liability and obligation end.
Issued By:
Title Company of the Rockies, LLC
111 E. 3rd Street
Floor 1, Suite 101
Rifle, CO 81650
Phone: 970-625-5426
WESTCOR LAND TITLE INSURANCE
COMPANY
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
COMMITMENT CONDITIONS
DEFINITIONS1.
a.“Discriminatory Covenant ”: Any covenant, condition, restriction, or limitation that is unenforceable under
applicable law because it illegally discriminates against a class of individuals based on personal
characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status,
disability, national origin, or other legally protected class.
b.“Knowledge” or “Known”: Actual knowledge or actual notice, but not constructive notice imparted by the
Public Records.
c.“Land”: The land described in Item 5 of Schedule A and improvements located on that land that by State
law constitute real property. The term “Land” does not include any property beyond that described in
Schedule A, nor any right, title, interest, estate, or easement in any abutting street, road, avenue, alley, lane,
right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of access to
and from the Land is to be insured by the Policy.
d.“Mortgage”: A mortgage, deed of trust, trust deed, security deed, or other real property security instrument,
including one evidenced by electronic means authorized by law.
e.“Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued
or to be issued by the Company pursuant to this Commitment.
f.“Proposed Amount of Insurance ”: Each dollar amount specified in Schedule A as the Proposed Amount of
Insurance of each Policy to be issued pursuant to this Commitment.
g.“Proposed Insured ”: Each person identified in Schedule A as the Proposed Insured of each Policy to be
issued pursuant to this Commitment.
h.“Public Records”: The recording or filing system established under State statutes in effect at the
Commitment Date under which a document must be recorded or filed to impart constructive notice of
matters relating to the Title to a purchaser for value without Knowledge. The term “Public Records ” does
not include any other recording or filing system, including any pertaining to environmental remediation or
protection, planning, permitting, zoning, licensing, building, health, public safety, or national security
matters.
i.“State”: The state or commonwealth of the United States within whose exterior boundaries the Land is
located. The term “State” also includes the District of Columbia, the Commonwealth of Puerto Rico, the
U.S. Virgin Islands, and Guam.
j.“Title”: The estate or interest in the Land identified in Item 3 of Schedule A.
2.If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the
Commitment to Issue Policy, this Commitment terminates and the Company’s liability and obligation end.
3.The Company’s liability and obligation is limited by and this Commitment is not valid without:
a. the Notice;
b. the Commitment to Issue Policy;
c. the Commitment Conditions;
d. Schedule A;
e. Schedule B, Part I—Requirements; and
f. Schedule B, Part II—Exceptions; and
g. a signature by the Company or its issuing agent that may be in electronic form.
4. COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a
defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance
Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; Schedule A; Schedule B,
Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent
that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Date, any liability of the Company is limited by Commitment Condition 5. The Company is not liable for any
other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
a. The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense
incurred in the interval between the Company ’s delivery to the Proposed Insured of the Commitment and
the delivery of the amended Commitment, resulting from the Proposed Insured ’s good faith reliance to:
i. comply with the Schedule B, Part I —Requirements;
ii. eliminate, with the Company’s written consent, any Schedule B, Part II —Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
b. The Company is not liable under Commitment Condition 5.a. if the Proposed Insured requested the
amendment or had Knowledge of the matter and did not notify the Company about it in writing.
c. The Company is only liable under Commitment Condition 4 if the Proposed Insured would not have
incurred the expense had the Commitment included the added matter when the Commitment was first
delivered to the Proposed Insured.
d. The Company ’s liability does not exceed the lesser of the Proposed Insured ’s actual expense incurred in
good faith and described in Commitment Condition 5.a. or the Proposed Amount of Insurance.
e. The Company is not liable for the content of the Transaction Identification Data, if any.
f. The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule
B, Part I—Requirements have been met to the satisfaction of the Company.
g. The Company ’s liability is further limited by the terms and provisions of the Policy to be issued to the
Proposed Insured.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW
AND CHOICE OF FORUM
a. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this
Commitment.
b. Any claim must be based in contract under the State law of the State where the Land is located and is
restricted to the terms and provisions of this Commitment. Any litigation or other proceeding brought by the
Proposed Insured against the Company must be filed only in a State or federal court having jurisdiction.
c. This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to
the subject matter of this Commitment and supersedes all prior commitment negotiations, representations,
and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this
Commitment.
d. The deletion or modification of any Schedule B, Part II —Exception does not constitute an agreement or
obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy.
e. Any amendment or endorsement to this Commitment must be in writing and authenticated by a person
authorized by the Company.
f. When the Policy is issued, all liability and obligation under this Commitment will end and the Company ’s
only liability will be under the Policy.
7. IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and
policies. The issuing agent is not the Company ’s agent for closing, settlement, escrow, or any other purpose.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance
Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; Schedule A; Schedule B,
Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent
that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that
the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma
policy is delivered to a Proposed Insured, nor is it a commitment to insure.
9. CLAIMS PROCEDURES
This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the
Proposed Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment
Conditions 5 and 6.
10. CLASS ACTION
ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING
ANY SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY
BREACH OF A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF
OR RELATING TO THE TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT
IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR
PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY POLICY ISSUED
PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION.
11. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of Insurance is
$2,000,000 or less may be arbitrated at the election of either the Company or the Proposed Insured as the
exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at
http://www.alta.org/arbitration .
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance
Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; Schedule A; Schedule B,
Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent
that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
1
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: 212915200056 DATE: 12/29/2022
PROJECT: Shelton Minor Subdivision
OWNERS: Shelton Properties LLC
CONTACT/REPRESENTATIVE: Wayne Shelton
PRACTICAL LOCATION: Off of Hwy 13 Rifle, Co North by Northeast of Rifle
TYPE OF APPLICATION: Administrative Review
ZONING: Resource Lands,
COMPREHENSIVE PLAN: Residential Medium High, Rifle Area of Influence
I. GENERAL PROJECT DESCRIPTION
The applicant proposes dividing the existing parcel into three lots. Each lot would be served by
individual wells and septic systems. The current parcel is just over 49 acres according to
information from the Assessor’s office. The parcel is within the Resource Land Zoning district.
Based on aerial imagery and contours available to staff at the time of this summary’s writing, it
appears this lot would be considered Resource Land Gentle Slopes (RLGS). Currently, the land
use and development code sets the noncommercial RLGS lots minimum size to 2 acres. Lots in
RLGS that are not noncommercial must be 35 acres under the current regulations.
The County’s Land Use & Development Code (LUDC) requires a subdivision to demonstrate legal
and adequate water for each lot. The applicant indicated that one well is fully permitted for
domestic use and two other wells exist with monitoring well permitting. Each lot will need a well
with appropriate domestic use permitting and any required contracts with a water. Four hour
pump test and water quality test results should be provided fo r each well. Section 4-203.M
contains the full requirements for water supply plans. A waiver of submittal requirements may
be included in the application for these items to be provided as Conditions of App roval, though
staff recommends the application include at least permitting and water contracts as applicable.
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To meet the requirements of 4 -203.N regarding wastewater management, staff recommends a
report showing the adequate functioning of any existing systems and soil percolation tests or
similar reports from a qualified professional demonstrating the adequacy of proposed lots
without current OWTS.
Currently, a driveway is in place and permitted by CDOT. All access easements will need to be
shown on the final plat to ensure physical access for all lots. Any necessary shared road
agreement should be included for review and to be recorded with the final plat. The existing
driveway should be shown to conform with Section 7-107’s standards or the application should
include a waiver of standards indicating the driveway will function safely.
All existing and future public utilities should be contained with an easement. The LUDC requires
that utilities are to be underground for new Subdivision proposals. The applicant indicated that
White River Electric has installed power to the parcel and the application should include a will-
serve letter from this provider.
The application should provide a response to Article 7, Divisions 1 -4. These responses can be
brief, indicate that the applicant believes it is not applicable, or take the form a waiver from
standards request. Longer, detailed responses may be warranted for some items. School land
dedication fees are included in this Article and will have to be paid prior to final plat. Road impact
fees are currently collected at the time of building permit.
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. The draft final plat
can include items generally found on Site Plans (4 -203.D). These items (including improvements)
would be removed prior to the final plat being executed. A separate site plan may be used instead.
Proof of ownership in the form of a recent title report is required to process the applicati on. 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) th at affect the subject
property should be submitted with the application. The LUDC 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.
As the application needs to be referred to the Colorado Geologic Survey, the referral form needs
to be submitted with the application along with the applicable fee.
All of these requirements, digital copies of the LUDC, and forms can be found online within the
Garfield County Community Devel opment website located at: https://www.garfield-
county.com/community-development/
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II. COMPREHENSIVE PLAN
The minor subdivision would bring the parcel closure to the future land use map’s designation.
III. REGULATORY PROVISIONS AND POLICY THE APPLICANT IS REQUIRED TO
ADDRESS
The following Sections of the Garfield Land Use and Development Code as amended apply to the
Application:
o Garfield County Comprehensive Plan 2030 as amended
o 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. Table 5-401 outlines the specific application submittal criteria. The following list can
function as a checklist for your submittal. 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 o n submittal requirements.
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 the owner is an entity or trust, a recorded Statement of Authority, authorizing a
person to encumber the property.
o If the applicant is a representative of the owner, a letter of authorization to
represent is needed.
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o A copy of the Pre-application Summary needs to be submitted with the
Application.
Vicinity Map including areas within approximately 3 miles.
Site Plan including topography, existing improvements, infrastructure, irrigation ditches,
and significant features. The site plan should include im provement location information
adequate to confirm that no nonconforming conditions will result from the proposed
subdivision. See Section 4-201.D
The Proposed Final Plat showing the proposed lot lines, all easements , required
certificates, and other requirements of Section 5-402.F.
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. Section 4-203.M
Wastewater management plan shows the adequacy of the proposed systems to serve
future development on the lots. Section 4-203.N.
Information as applicable to demonstrate compliance with provisions of Article 7
Standards, Divisions 1, 2, 3, and 4.
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).
Referral to the Colorado Geological Survey is also required with an additional referral fee.
Requests for waivers that fulfill the requirements of Section 4-118 Waivers of Standards
or Section 4-202 Submittal Waivers as appropriate.
Community Development Staff is available to meet with the Applicant to provide additional
information and clarification on any of the submittal requirements and waiver requests.
V. REVIEW PROCESS
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.
Staff will review the application for completeness prior to requesting referral agencies to provide
additional technical review. Staff will prepare a report based on received comments and their
review of the application.
Public Hearing(s): X No Public Hearing, Directors Decision (with notice per code)
Planning Commission
Board of County Commissioners
Board of Adjustment
Referral Agencies may include but are not limited to: Garfield County Surveyor, Garfield County
Road and Bridge Department, Garfield County Consulting Engineer, Garfield County Attorney’s
Office, Garfield County Vegetation Manager, Garfield County Department of Environmental
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Health, Department of Water Resources, Colorado River Fire Rescue District, Colorado Geological
Survey.
VI. APPLICATION REVIEW FEES
Planning Review Fees: $400
Referral Agency Fees: $TBD ($600 Colo.Geological Survey - others TBD)
Total Deposit: $400(additional hours are billed at hourly rate of $40.50)
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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:
December 29, 2022
Philip Berry, Planner III Date
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SHELTON MINOR SUBDIVISIONA PARCEL OF LAND SITUATED IN THE NORTHERN HALFOF SECTION 15, TOWNSHIP 5 SOUTH, RANGE 93 WESTOF THE 6TH PRINCIPAL MERIDIANCOUNTY OF GARFIELD, STATE OF COLORADOVICINITY MAPSCALE: 1" = 2000'NOTICE: ACCORDING TO COLORADO LAW, YOUMUST COMMENCE ANY LEGAL ACTION BASEDUPON ANY DEFECT IN THIS SURVEY WITHINTHREE YEARS AFTER YOU FIRST DISCOVER SUCHDEFECT. IN NO EVENT MAY ANY ACTION BASEDUPON ANY DEFECT IN THIS SURVEY BECOMMENCED MORE THAN TEN YEARS FROM THEDATE OF THE CERTIFICATION SHOWN HEREON.Stars to Stones Surveying Professional Land Surveying & Mapping559 Pine Meadows Dr. Grand Junction, CO, 81504970.618.2118 CellStars2stonessurveying@yahoo.comA PARCEL OF LAND SITUATED IN THE NORTHERN HALF OF SECTION 15,TOWNSHIP 5 SOUTH, RANGE 93 WEST OF THE 6TH PRINCIPAL MERIDIANAND MORE PARTICULARLY DESCRIBED BELOWCOUNTY OF GARFIELD, STATE OF COLORADOSHELTON MINOR SUBDIVISIONPLAT NOTESA. NOXIOUS WEEDS. CONTROL OF NOXIOUS WEEDS IS THE RESPONSIBILITY OF THE PROPERTY OWNER.B. OPEN HEARTH SOLID-FUEL FIREPLACES. NO OPEN HEARTH SOLID-FUEL BURNING STOVE AS DEFINED BY C.R.S. 25-7-401, ET.SEQ., ANDTHE REGULATIONS PROMULGATED THEREUNDER, WILL BE ALLOWED IN ANY DWELLINGUNIT. ALL DWELLING UNITS WILL BE ALLOWED AN UNRESTRICTED NUMBER OF NATURALGAS BURNING STOVES AND APPLIANCES.C. EXTERIOR LIGHTING. ALL EXTERIOR LIGHTING SHALL BE THE MINIMUM AMOUNT NECESSARY AND THAT ALLEXTERIOR LIGHTING SHALL REDIRECTED INWARD AND DOWNWARD, TOWARDS THEINTERIOR OF THE SUBDIVISION, EXCEPT THAT PROVISIONS MAY BE MADE TO ALLOW FORSAFETY 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 ANORMAL AND NECESSARY ASPECT OF LIVING IN A COUNTY WITH A STRONG RURALCHARACTER AND A HEALTHY RANCHING SECTOR. THOSE WITH AN URBAN SENSITIVITYMAY PERCEIVE SUCH ACTIVITIES, SIGHTS, SOUND, AND SMELLS ONLY AS INCONVENIENCE,EYESORE, NOISE AND ODOR. HOWEVER, STATE LAW AND COUNTY POLICY PROVIDE THATRANCHING, FARMING AND OTHER AGRICULTURAL ACTIVITIES AND OPERATIONS WITHINGARFIELD COUNTY SHALL NOT BE CONSIDERED TO BE NUISANCES SO LONG AS OPERATEDIN CONFORMANCE WITH THE LAW AND IN A NON-NEGLIGENT MANNER. THEREFORE, ALLMUST BE PREPARED TO ENCOUNTER NOISES, ODOR, LIGHTS, MUD, DUST, SMOKE,CHEMICALS, MACHINERY ON PUBLIC ROADS, LIVESTOCK ON PUBLIC ROADS, STORAGE ANDDISPOSAL OF MANURE, AND THE APPLICATION BY SPRAYING OR OTHERWISE OF CHEMICALFERTILIZERS, SOIL AMENDMENT, HERBICIDE, AND PESTICIDES, ANY ONE OR MORE OFWHICH MAY NATURALLY OCCUR AS PART OF LEGAL AND NON-NEGLIGENT AGRICULTURALOPERATIONS.E. MAINTENANCE OF FENCES, RURAL LIVING, ETC. ALL OWNERS OF LAND, WHETHER RANCH OR RESIDENCE, HAVE OBLIGATIONS UNDERSTATE LAW AND COUNTY REGULATIONS WITH REGARD TO THE MAINTENANCE OF FENCESAND IRRIGATION DITCHES, CONTROLLING WEEDS, KEEPING LIVESTOCK AND PETS UNDERCONTROL, USING PROPERTY IN ACCORDANCE WITH ZONING, AND OTHER ASPECTS OFUSING AND MAINTAINING PROPERTY. RESIDENTS AND LANDOWNERS ARE ENCOURAGED TOLEARN ABOUT THESE RIGHTS AND RESPONSIBILITIES AN ACT AS GOOD NEIGHBORS ANDCITIZENS OF THE COUNTY. A GOOD INTRODUCTORY SOURCE FOR SUCH INFORMATION IS "AGUIDE TO RURAL LIVING & SMALL SCALE AGRICULTURE" PUT OUT BY THE COLORADOSTATE UNIVERSITY EXTENSION OFFICE IN GARFIELD COUNTY.F. MINERAL RIGHTS. THE MINERAL RIGHTS ASSOCIATED WITH THIS PROPERTY MAY NOT BE TRANSFERRED WITHTHE SURFACE ESTATE THEREFORE ALLOWING THE POTENTIAL FOR NATURAL RESOURCEEXTRACTION 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 PREVENTHARASSMENT OF WILDLIFE.H. WILDLIFE-FRIENDLY FENCING.FENCING ON THE PROPERTY SHALL COMPLY WITH THE COLORADO PARKS AND WILDLIFESPECIFICATIONS FOR WILDLIFE-FRIENDLY FENCING.I. SEPTIC SYSTEMS.ENGINEER-DESIGNED SEPTIC SYSTEMS ARE REQUIRED WITHIN THIS SUBDIVISION.J. FOUNDATIONS.ENGINEER-DESIGNED FOUNDATIONS ARE REQUIRED WITHIN THIS SUBDIVISION.K. IRRIGATION DITCHESDITCH OWNER(S) RIGHTS: COLORADO STATE STATUTES 37-86-102 PROVIDES THAT ANYPERSON OWNING A WATER RIGHT OR CONDITIONAL WATER RIGHT SHALL BE ENTITLED TOA RIGHT-OF-WAY THROUGH THE LANDS WHICH LIE BETWEEN 11-IE POINT OF DIVERSIONAND POINT OF USE OR PROPOSED USE FOR THE PURPOSE OF TRANSPORTING WATER FORBENEFICIAL USE IN ACCORDANCE WITH SAID WATER RIGHT OR CONDITIONAL WATERRIGHT. ANY IMPACT, CHANGE OR CROSSING OF A DITCH SHALL REQUIRE APPROVAL FROMTHE DITCH OWNER.NOTES1.) DATE OF SURVEY WAS JANUARY AND MARCH, 2023.2.) BEARINGS ARE BASED ON A 1975 BLM BRASS CAP FOUND IN PLACE AT THE NORTHWEST CORNER OFSECTION 15 AND A 1975 BLM BRASS CAP BEING N 01°25'22"W BETWEEN THE TWO DESCRIBED MONUMENTSWITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO.3.) THIS PLAT IS BASED ON:a. WARRANTY DEED RECORDED JANUARY 26, 2021 AS RECEPTION NO. 949242 IN THE RECORDS OFTHE GARFIELD, COUNTY, COLORADO CLERK AND RECORDER'S OFFICE.b. RESEARCH FOR RIGHTS-OF-WAY AND EASEMENTS OF RECORD ARE BASED ON TITLE COMPANY OFTHE ROCKIES COMMITMENT NO. 1205845- C EFFECTIVE APRIL 04, 2023 AND ISSUED APRIL 12, 2023.c. MONUMENTS FOUND IN PLACE AS INDICATED HEREON.4.) ALL DIMENSIONS SHOWN HEREON ARE RECORD AND AS-MEASURED UNLESS OTHERWISE INDICATED.5.) ALL FOUND OR SET MONUMENTS ARE AS NOTED HEREON.6.) THE LINEAL UNIT USED IN THE PREPARATION OF THIS PLAT IS THE U.S. SURVEY FOOT AS DEFINED BYTHE UNITED STATES DEPARTMENT OF COMMERCE, NATIONAL INSTITUTE OF STANDARDS ANDTECHNOLOGY,7.) ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECTIN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANYACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THEDATE OF CERTIFICATION SHOWN HEREON.CERTIFICATE OF DEDICATION AND OWNERSHIPTHE UNDERSIGNED SHELTON PROPERTIES, LLC, BEING SOLE OWNER(S) IN FEE SIMPLE OF ALL THAT REALPROPERTY SITUATED IN GARFIELD COUNTY, DESCRIBED AS FOLLOWS:A PARCEL OF LAND SITUATED IN THE NORTHERN HALF OF SECTION 15, TOWNSHIP 5 SOUTH, RANGE 93WEST OF THE 6TH PRINCIPAL MERIDIAN MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 15, A 1975 BLM BRASS CAP WHENCE THENORTHWEST CORNER OF SAID SECTION BEARS N 01°32'08" E 2641.81 FEET; THENCEN 89°27'51" E ALONG THE SOUTH LINE OF THE SW14NW14 OF SAID SECTION A DISTANCE OF 2621.63 FEET TOTHE TRUE POINT OF BEGINNING, SAID POINT BEING THE SOUTHWEST CORNER OF THE SE14NW14; THENCE N01°05'18"W ALONG THE WEST LINE OF THE SE14NW14 DISTANCE OF 1319.57 FEET TO A POINT ON THE NORTHLINE OF THE SE14NW14; THENCE N 89°30'58 E ALONG THE NORTH LINE OF THE SE14NW14 A DISTANCE OF 639.70FEET TO A POINT ON THE SOUTHERN RIGHT OF WAY LINE OF HIGHWAY NO. 13; THENCE S 56°09'20" EALONG THE SOUTHERN RIGHT OF WAY OF SAID HIGHWAY A DISTANCE OF 1698.83 FEET; THENCECONTINUING ALONG THE SOUTHERN RIGHT OF WAY OF SAID HIGHWAY A DISTANCE OF 293.72 FEETALONG A CURVE TO THE RIGHT WITH A RADIUS OF 2805.00 FEET THE CHORD OF WHICH BEARS S 53°09'21" EA DISTANCE OF 293.58 FEET; THENCE CONTINUING ALONG THE SOUTHERN RIGHT OF WAY OF SAIDHIGHWAY, S 50°09'20" E A DISTANCE OF 280.12 TO A POINT ON THE SOUTH LINE OF THE SW14NE14 OF SAIDSECTION 15; THENCE DEPARTING THE SOUTHERLY RIGHT OF WAY OF SAID HIGHWAY AND CONTINUINGALONG THE SOUTH OF THE SW14NE14 OF SAID SECTION 15, S 89°28'03" W A DISTANCE OF 1164.89 FEET TO THESOUTHWEST CORNER OF SW14NE14, POINT ALSO BEING THE SOUTHEAST CORNER OF SE14NW14, A 1975 BLMBRASS CAP; THENCE CONTINUING ALONG THE SOUTH LINE OF THE SE14NW14 OF SAID SECTION S 89°27'51" WA DISTANCE OF 1310.82 FEET TO THE POINT OF BEGINNING CONTAINING 48.101 ACRES MORE OR LESS.HAS CAUSED THE DESCRIBED REAL PROPERTY TO BE SURVEYED, LAID OUT, PLATTED AND SUBDIVIDEDINTO LOTS AS SHOWN ON THIS PLAT UNDER THE NAME AND STYLE OF SHELTON MINOR SUBDIVISION, ASUBDIVISION IN THE COUNTY OF GARFIELD.OWNER HEREBY ESTABLISHES AND DEDICATES THE FOLLOWING EASEMENTS MORE PARTICULARLYDESCRIBED AND DEPICTED ON SHEET 2 HEREOF FOR THE USE AND BENEFIT OF LOTS 1, 2 AND 3 CREATEDBY THIS PLAT:THE 40’ ACCESS AND UTILITY EASEMENT LOCATED ON LOTS 1 AND 2 FOR THE CONSTRUCTION,MAINTENANCE AND REPAIR OF A SHARED DRIVEWAY. THE SHARED DRIVEWAY LOCATED WITHIN SAIDEASEMENT SHALL BE SUBJECT TO THE ROAD MAINTENANCE AGREEMENT RECORDED AS RECEPTION NO.___________ OF THE GARFIELD COUNTY CLERK AND RECORDER.;THE 12’ UTILITY EASEMENT LOCATED ON LOT 1; ANDTHE 12’ BLM ACCESS EASEMENT LOCATED ON LOTS 1 AND 2.OWNER FURTHER DEDICATES ANY PUBLIC UTILITY EASEMENTS CREATED BY THIS PLAT, FOR THEIRINTENDED PURPOSE, TOGETHER WITH THE RIGHT TO TRIM INTERFERING TREES AND BRUSH, WITH THEPERPETUAL RIGHT OF INGRESS AND EGRESS FOR INSTALLATION AND MAINTENANCE OF SUCH UTILITIESIN A REASONABLE AND PRUDENT MANNER.THE COUNTY OF GARFIELD SHALL NOT BE RESPONSIBLE FOR ANY STREET PAVING OR IMPROVEMENTS ORANY EXPENSE ASSOCIATED THEREWITH. ALL EXPENSE FOR STREET PAVING OR IMPROVEMENTS SHALLBE FURNISHED BY THE OWNER, NOT BY THE COUNTY OF GARFIELD.COUNTY OF GARFIELDSTATE OF COLORADO-------------------------------EXECUTED THIS DAY OF DAY OF ____________ A.D., 20 __ .SHELTON PROPERTIES LLCBY:__________________________________ WAYNE SHELTON, MANAGER 1419 AIRPORT ROAD RIFLE, COLORADO 81650STATE OF COLORADO )),SSCOUNTY OF GARFIELD)THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS__ DAY OF __________ A.D., 20___BY WAYNE SHELTON AS MANAGER, SHELTON PROPERTIES, LLC.MY COMMISSION EXPIRES: _____ _WITNESS MY HAND AND OFFICIAL SEAL.(SEAL)NOTARY PUBLICCERTIFICATE OF TAXES PAIDI, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF TAXES ANDASSESSMENTS DUE AND PAYABLE AS OF , UPON ALLPARCELS OF REAL ESTATE DESCRIBED ON THIS PLAT ARE PAID IN FULL.DATED THIS DAY OF ________, A.D., 20 __TREASURER OF GARFIELD COUNTYTITLE CERTIFICATEI, , AN ATTORNEY LICENSED TO PRACTICELAW IN THE STATE OF COLORADO, OR AGENT AUTHORIZED BY A TITLE INSURANCECOMPANY, DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO ALL LANDSSHOWN UPON THIS PLAT AND THAT TITLE TO SUCH LANDS IS VESTED IN , FREE AND CLEAR OF AL LIENS AND ENCUMBRANCES (INCLUDINGMORTGAGES, DEEDS OF TRUST, JUDGMENTS, EASEMENTS, CONTRACTS ANDAGREEMENTS OF RECORD AFFECTING THE REAL PROPERTY IN THIS PLAT), EXCEPTAS FOLLOWS:DATED THIS DAY OF , A.D. 20 .TITLE COMPANY: AGENTORATTORNEYCOLORADO ATTORNEY REGISTRATION NO. COUNTY COMMISSIONER'S CERTIFICATEBASED UPON THE REVIEW AND RECOMMENDATION OF GARFIELD COUNTYDIRECTOR OF COMMUNITY DEVELOPMENT, THE BOARD OF COUNTYCOMMISSIONERS OF GARFIELD COUNTY, COLORADO, HEREBY APPROVES THISSUBDIVISION PLAT THIS DAY OF , A.D. 20 , FORFILING WITH THE CLERK AND RECORDER OF GARFIELD COUNTY AND FORCONVEYANCE TO THE COUNTY OF THE PUBLIC DEDICATIONS SHOWN HEREON,SUBJECT TO THE PROVISIONS THAT APPROVAL IN NO WAY OBLIGATES GARFIELDCOUNTY FOR THE FINANCING OR CONSTRUCTION OF IMPROVEMENTS ON LANDS,PUBLIC ROADS, HIGHWAYS OR EASEMENTS DEDICATED TO THE PUBLIC, EXCEPT ASSPECIFICALLY AGREED TO BY THE BOARD OF COUNTY COMMISSIONERS BYSUBSEQUENT RESOLUTION. THIS APPROVAL SHALL IN NO WAY OBLIGATEGARFIELD COUNTY FOR THE CONSTRUCTION, REPAIR OR MAINTENANCE OF PUBLICROADS, HIGHWAYS OR ANY OTHER PUBLIC DEDICATIONS SHOWN HEREON.CHAIRMAN, BOARD OF COUNTY COMMISSIONERSGARFIELD COUNTY, COLORADOWITNESS MY HAND AND SEAL OF THE COUNTY OF GARFIELD.ATTEST: COUNTY CLERKCLERK AND RECORDER'S CERTIFICATETHIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDEROF GARFIELD COUNTY, COLORADO, AT O'CLOCK , ON THIS DAY OF A.D., 20 , AND IS DULY RECORDED ASRECEPTION NO. .ATTEST: CLERK AND RECORDERBY: DEPUTYCOUNTY SURVEYORAPPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OFSURVEYS, CALCULATIONS OR DRAFTING, PURSUANT TO C.R.S. § 38-51-101AND 102, ET SEQ.DATED THIS DAY OF , A.D., 20 .GARFIELD COUNTY SURVEYORSURVEYOR'S CERTIFICATEI, IVAN MARTIN, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THELAWS OF THE STATE OF COLORADO, THAT THIS PLAT IS A TRUE, CORRECT AND COMPLETE PLAT OFSHELTON MINOR SUBDIVISION AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLATWAS MADE FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME, OR UNDER MY SUPERVISION, ANDCORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS AND STREETS OF THESHELTON MINOR SUBDIVISION AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCE WITHAPPLICABLE REGULATIONS GOVERNING THE SUBDIVISION OF LAND.IN WITNESS WHEREOF I HAVE SET MY HAND AND SEAL THIS 17TH DAY OF MARCH, 2023.IVAN MARTIN, P.L.S. # 38440
HIGHWAY 13 - APSHALTN89° 32' 51"E 638.94'N00° 59' 00"W 1319.42'S56° 09' 20"E 1701.41'C1S50° 09' 20"E 277.87'FND 1975 BLMBRASS CAP FND 58" REBAR WITH 1.25"YELLOW PLASTIC CAP, LS3174, 73.69' WITNESSCORNER TO SW CORNER OFSE14NW14 SECTION 15 (POINTOF BEGINNING - LOT 3)UPGRADE TO A 34 " REBARWITH 3.25" ALUMINUM CAP,LS 38440ORIGINAL SHELTON2,095,273 SQ. FT.±48.101 ACRES±ZONING:RESOURCESW14NW14SECTION 15NOT A PARTWEST 12 SECTION 15EAST 12 SECTION 15NE14SW14SECTION 15NOT A PARTNW14SE14SECTION 15NOT A PARTNE14NW14SECTION 15NOT A PARTNW14NW14SECTION 15NOT A PARTSE14NW14SECTION 15SW14NE14SECTION 15LOT 3788,154 SQ. FT.±18.094 ACRES±LOT 2654,415 SQ. FT.±15.023 ACRES±LOT 1652,720 SQ. FT.±14.984 ACRES±WELL LOCATIONWELL LOCATIONWELL LOCATIONSET 58" REBAR WITH 1.25"PLASTIC CAP, LS 38440(POINT OF BEGINNING -LOT 2)SET 58" REBAR WITH 1.25"PLASTIC CAP, LS 38440(POINT OF BEGINNING -LOT 1)SET 34 " REBAR WITH 3.25"ALUMINUM CAP, LS 38440SET 58" REBAR WITH 1.25"PLASTIC CAP, LS 38440SET 58" REBAR WITH 1.25"PLASTIC CAP, LS 38440191.04'622.37'885.30'SET 58" REBAR WITH 1.25"PLASTIC CAP, LS 38440SET 58" REBAR WITH 1.25"PLASTIC CAP, LS 38440378.05'631.99'302.87'S 00°37'08" E 1318.32'N 18°05'56" E 1277.64N 18°05'56" W 907.31'S 89°22'26" E1162.64'S 89°30'42" W 1312.91'40' ACCESS ANDUTILITY EASEMENTCREATED WITH THISPLAT12' BLM ACCESSEASEMENT CREATEDWITH THIS PLAT12' UTILITY EASEMENTCREATED WITH THIS PLAT125' ELECTRIC LINEEASEMENTRECEPTION No. 221699127.50' ELECTRIC LINEEASEMENTRECEPTION No. 273832CURVE TABLECURVE #C1LENGTH293.72'RADIUS2805.00'DELTA5°59'58"CHORD DIRECTIONS53° 09' 21"ECHORD LENGTH293.58'SHELTON MINOR SUBDIVISIONA PARCEL OF LAND SITUATED IN THE NORTHERN HALFOF SECTION 15, TOWNSHIP 5 SOUTH, RANGE 93 WESTOF THE 6TH PRINCIPAL MERIDIANCOUNTY OF GARFIELD, STATE OF COLORADONOTICE: ACCORDING TO COLORADO LAW, YOUMUST COMMENCE ANY LEGAL ACTION BASEDUPON ANY DEFECT IN THIS SURVEY WITHINTHREE YEARS AFTER YOU FIRST DISCOVER SUCHDEFECT. IN NO EVENT MAY ANY ACTION BASEDUPON ANY DEFECT IN THIS SURVEY BECOMMENCED MORE THAN TEN YEARS FROM THEDATE OF THE CERTIFICATION SHOWN HEREON.Stars to Stones Surveying Professional Land Surveying & Mapping559 Pine Meadows Dr. Grand Junction, CO, 81504970.618.2118 CellStars2stonessurveying@yahoo.comA PARCEL OF LAND SITUATED IN THE NORTHERN HALF OF SECTION 15,TOWNSHIP 5 SOUTH, RANGE 93 WEST OF THE 6TH PRINCIPAL MERIDIANAND MORE PARTICULARLY DESCRIBED BELOWCOUNTY OF GARFIELD, STATE OF COLORADOLEGAL DESCRIPTIONS:LOT 1A Parcel of land situated in the Northern half of Section 15, Township 5 South, Range 93 West of the 6th Principal Meridianmore particularly described as follows:Commencing at the West quarter corner of said Section 15, A 1975 BLM Brass cap whence the Northwest corner of said sectionbears N 01°25'22" W 2640.29 feet; thence N 89°30'42" E along the south line of the SW14NW14 of said section a distance of1313.34 feet to the true point of beginning, said point being the southwest corner of the SE14NW14; with all bearings being relativethereto;Thence departing said south line N 18°05'56" E a distance of 907.31 feet to a point on the south line of Highway No. 13; thence S56°09'20" E a distance of 885.30 feet; thence continuing along the southern right of way of said highway a distance of 293.72 feetalong a curve to the right with a radius of 2805.00 feet the chord of which bears S 53°09'21" E a distance of 293.58 feet; thencecontinuing along the southern right of way of said highway, S 50°09'20" E a distance of 277.87 to a point on the south line of thESW14NE14 of said Section 15; thence departing the southerly right of way of said highway and continuing along the south of theSW14NE14 of said section 15, S 89°22'26" W a distance of 1162.64 feet to the southwest corner of SW14NE14, point also being thesoutheast corner of SE14NW14, A 1975 BLM brass cap; thence continuing along the south line of the SE14NW14 of said section,thence S 89°33'11" W a distance of 302.87 feet to the point of beginning containing 14.984 acres more or less.County of Garfield, State of ColoradoLOT 2A Parcel of land situated in the Northern half of Section 15, Township 5 South, Range 93 West of the 6th Principal Meridianmore particularly described as follows:Commencing at the West quarter corner of said Section 15, A 1975 BLM Brass cap whence the Northwest corner of said sectionbears N 01°25'22" W 2640.29 feet; thence N 89°30'42" E along the south line of the SW14NW14 of said section a distance of1313.34 feet; thence continuing along said south line N 89°33'11" E a distance of 378.05 feet to the true point of beginning;thence leaving said south line N 18°05'56" E a distance of 1277.64 feet to a point on the southern right of way of Highway No.13, thence continuing along the southern right of way S 56°09'20" E a distance of 622.37 feet; thence departing said southernright of way S 18°05'56" W a distance of 907.31 feet to a point on the south line of the SE14NW14, thence continuing along saidsouth line S 89°33'11" W a distance of 631.99 feet to the point of beginning containing 15.023 acres more or less.County of Garfield, State of ColoradoLOT 3A Parcel of land situated in the Northern half of Section 15, Township 5 South, Range 93 West of the 6th Principal Meridianmore particularly described as follows:Commencing at the West quarter corner of said Section 15, A 1975 BLM Brass cap whence the Northwest corner of said sectionbears N 01°25'22" W 2640.29 feet; thence N 89°30'42" E along the south line of the SW14NW14 of said section a distance of1313.34 feet to the true point of beginning, said point being the southwest corner of the SE14NW14; thence N 01°05'18"W along thewest line of the SE14NW14 distance of 1319.42 feet to a point on the north line of the SE14NW14; thence N 89°32'51" E along thenorth line of the SE14NW14 a distance of 638.94 feet to a point on the southern right of way line of Highway No. 13; thence S56°09'20" E along the southern right of way of said highway a distance of 191.04 feet; thence leaving said southern right of wayS 18°05'56" W a distance of 1277.64 feet to a point on the south line of the SE14NW14 , thence continuing along said south linE S89°33'11 W a distance of 378.05' to the point of beginning containing 18.094 acres more or less.County of Garfield, State of ColoradoFND 1975 BLMBRASS CAP (WEST 14CORNER SECTION15, T 5S, R 93W)FND 1975 BLMBRASS CAP (NWCORNER SECTION15, T 5S, R 93W)SHELTON MINOR SUBDIVISIONN 89°30'42"E 1313.34'N 01°25'22"W 2640.29'(BASIS OF BEARING)LEGAL DESCRIPTIONS EASEMENTS:12' BLM ACCESS EASEMENTAccess easement being 12' wide and lying 6' on each side of the following described centerline, to accessadjoining BLM property, beginning at a point whence the C14 Section 15 bears S 65°39'57" E a distance of891.37'; thence S 66°33'59" E a distance of 104.40'; thence with a curve turning to the right with an arc length of112.18', with a radius of 608.61', with a chord bearing of S 60°06'59" E, with a chord length of 112.02'; thence S59°14'20" E a distance of 82.10'; thence with a curve turning to the left with an arc length of 135.31', with aradius of 460.30', with a chord bearing of S 71°21'33" E, with a chord length of 134.82'; thence S 64°45'28" E adistance of 159.99'; thence S 57°08'34" E a distance of 25.70'; thence with a curve turning to the right with anarc length of 55.06', with a radius of 19.90', with a chord bearing of S 17°45'39" W, with a chord length of39.11'; thence N 84°56'24" W a distance of 133.60'; thence S 87°15'01" W a distance of 25.74'; thence S81°11'48" W a distance of 53.46'; thence S 83°37'25" W a distance of 78.31'; thence S 70°27'16" W a distance of79.64'; thence S 60°01'23" W a distance of 51.94'; thence S 52°46'33" W a distance of 20.57' to a point ofintersection with existing road intersects property line of Lot 2: whence the C14 Section 15 bears N89°30'42" E adistance of 692.49'.12' UTILITY EASEMENTUtility easement being 12' wide and lying 6' on each side of the following described centerline:, beginning at apoint whence the C14 corner Section 15 bears S 00°41'39" E a distance of 516.03'; thence N 42°31'08" W adistance of 116.69'to a point intersecting a 40' access and utility easement; whence the C14 corner Section 15bears S 06°52'39" E a distance of 606.36'.40' ACCESS AND UTILITY EASEMENTAccess and utility easement being 40' wide and lying 20' on each side of the following described centerline:beginning at a point whence the CN116th corner, Section 15 bears N 61°06'29" E a distance of 678.83'; beginningat a point between lot 2 and 3; thence S 50°37'30" E a distance of 316.87'; thence S 34°11'10" E a distance of137.60'; thence S 74°59'33" E a distance of 200.95'; thence with a curve turning to the left with an arc length of87.25', with a radius of 50.00', with a chord bearing of N 55°00'59" E, with a chord length of 76.59'; thence N 02°48'46" W a distance of 76.67'; thence N 06°01'12" E a distance of 116.60'; whence the CN116th corner,Section 15 bears N 00°50'42" E a distance of 458.46'.
WATER SUPPLY PLAN
LOT 1 - Lot 1 shall be served by the existing well located thereon, Well Permit No. 320514. Copies
of the Well Permit, Construction Report, Test Report and Water Quality Analysis are attached.
LOT 2 - Lot 2 shall be served by the existing well located thereon, Well Permit No. 87743-F.
Copies of the Well Permit, Construction Report, Test Report and Water Quality Analysis and
Contract with West Divide Water Conservancy District are attached.
LOT 3 - Lot 3 shall be served by the existing well located thereon, Well Permit No. 87744-F.
Copies of the Well Permit, Construction Report, Test Report and Water Quality Analysis and
Contract with West Divide Water Conservancy District are attached.
Each well produces at least ten (10) gallons per minute and is sufficient to serve a single-family
residence without the need for additional storage. The Water Quality Analysis reflects water
treatment will be needed for each well. Attached is a Treatment Plan prepared by Fontus Air Water
Solar that sets forth the type of treatment systems to be used to bring the water within acceptable
EPA standards.
GARFIELD COUNTY PRELIMINARY OWTS REPORT
SHELTON MINOR SUBDIVISION
GARFIELD COUNTY, COLORADO
C
April 2023
Prepared by
2
GARFIELD COUNTY PRELIMINARY OWTS REPORT
SHELTON MINOR SUBDIVISION
GARFIELD COUNTY, COLORADO
“I hereby affirm that this Onsite Wastewater Treatment System (OWTS) report for the Shelton Minor
Subdivision, Garfield County, Colorado was prepared by me, or under my direct supervision, for the
Owners thereof in accordance with the provisions of Garfield County’s OWTS Regulations and
approved variances and exceptions listed thereto. I understand the County does not and will not
assume liability for OWTS facilities designed by others.”
______________________________________ License No. ____________________
Licensed Professional Engineer, State of Colorado (Affix Seal)
REVIEWED BY:
TERRY BENDETTI, P.E.
Caliber Engineering Project # 2022-006.001
04/26/2023
3
TABLE OF CONTENTS
1.0 Introduction 5
2.0 Preliminary Investigation 6
Property Information 6
Topography 6
Soil Data 6
Location of Physical Features 7
Additional Information 8
Landscape Position 8
Natural and Cultural Features 8
Current and Historic Land Use 8
3.0 Recommendations 8
4.0 Limitations 9
4
Appendix
NRCS Soil Units - Sheet 1
OWTS Setbacks - Sheet 2
NRCS Soils Map
NRCS Absorption Field Soils Data
NRCS Textural Triangle – NRCS Soil Unit 3
NRCS Textural Triangle – NRCS Soil Unit 47
NRCS Textural Triangle – NRCS Soil Unit 66
5
1.0 Introduction
At the time this report was developed, and according to Garfield County records, the subject property:
Is classified as Vacant Land.
Comprises 49.68 acres.
The subject property is being proposed for a minor subdivision application by the current Owner. The
purpose of this report is to present the preliminary investigation to determine if an onsite wastewater
system (OWTS) is an adequate wastewater system to serve the proposed use and density for the
proposed minor subdivision.
According to Article 7-105B of Garfield County’s Land Use Code:
1. Every effort shall be made to secure a public sewer extension. Where connections to an
existing public sewer are not physically or economically feasible, a central collection system
and treatment plant is preferred.
2. A central wastewater system is required if:
a. The property is located within 400 feet of a Sewage Treatment Facility, the system is
available and adequate to serve the proposed development, and connection is
practicable and feasible.
b. The property is not suitable for an OWTS on lots less than 1 acre in size. Septic
systems are prohibited for new developments on parcels less than 1 acre in size, but
may be allowable for legal nonconforming lots.
The subject property is located in rural Garfield County, approximately 7 miles north of Rifle off of the
west side of State Highway 13. It is not physically, nor economically feasible to connect to an existing
public sewer. In addition, a central wastewater system is not practicable and feasible for the proposed
minor subdivision.
The proposed subdivision will have three lots, each being greater than 1 acre in size, so the property
is sufficient in size to use an Onsite Wastewater Treatment System (OWTS).
The remainder of the report will focus on a preliminary investigation to determine limitations that will
hinder the use of OWTSs. Data for the preliminary investigation report was collected from:
The Natural Resource Conservation Services (NRCS) Web Soil Survey for soils data to
determine the adequacy for the soil to treat wastewater generated from the proposed minor
subdivision.
Topographical mapping from the internet to determine slopes, slope shapes and landscape
adequacy for an OWTS.
Internet imagery to determine types and locations of physical and health impact features.
Data from Governmental Agencies to document the presence of existing or permits submitted
for water wells, irrigation water, sanitation systems and existing structures.
Personnel contributing to this report are:
Terry Bendetti - PE/CPOW Certified Competent Technician/NAWT Certified Designer
6
2.0 Preliminary Investigation
Property Information
Physical Address: 13 Highway, Rifle, Garfield County, Colorado 81650.
Legal Description: Section 15, Township 5; Range 93; SENW & SWNE south of State Highway
13. The County’s Account Number for the property is R016046 and the Parcel Number is
212915200056.
Existing Structures: There are no existing structures on the property.
Domestic Water: There are 3 constructed wells on the subject property, each Lot having its own
well. The existing well permits are:
87743-F for domestic use.
87744-F for domestic use.
320514- for domestic use.
Septic: There are no existing septic systems on the subject property.
Topography
From the southwest edge of Colorado State Highway to the northeast crest of Government Creek,
the topography runs from northeast towards the southwest at a grade of between 5 to 14 percent,
with Lots 2 and 3 having the steeper grades dropping down to Government Creek. This
topography is adequate for an OWTS in Lot 1, but not Lots 2 and 3.
From the southwest bank of Government Creek to the northeast boundary of the 125 foot electric
line easement, the topography runs from southwest/west to northeast/east. Grades in this area
are estimated to be between 4 to 6 percent to the southwest crest of Government Creek. This
topography is adequate for an OWTS.
Soil Data
According to the Web Soil Survey developed by the Natural Resources Conservation Service
(NRCS), soils associated with the subject property are classified as map units 3, 47 and 66.
NRCS soil unit 3 is Arvada loam, which has grades of between 1 to 6 percent. This data agrees
with topography described for the area soil unit 3 is found.
NRCS soil unit 47 is Nihill channery loam, having grades between 6 to 25 percent. This data
agrees with the topography described for the area soil unit 47 is found.
NRCS soil unit 66 is Torriorthents Rock outcrop complex, which has steep slopes. This data
agrees with the topography described for the area soil unit 66 is found.
NRCS septic tank absorption field data indicates the ability of the soil to distribute effluent into the
subsoils between the depth of 24 to 60 inches. The soils are rated both verbally and numerically.
Verbal ratings are “Not Limited”, “Somewhat Limited” and “Very Limited”. “Not Limited” and
7
“Somewhat Limited” hinderances can be overcome or minimized fairly easily. “Very Limited”
requires a more stringent design to overcome.
The numerical rating indicates the severity of the limitation, with 0.01 being not severe to 1.00
being very severe.
The NRCS septic tank absorption field data are:
Soil unit 3 is very limited. The limitation is due to the slow movement of water through
these soils, numerical rating of 1.
Soil unit 47 is very limited. The limitation is due to steep slopes (numerical rating of 1)
and large stones (numerical rating of 0.05).
Soil unit 66 is very limited. The limitation is due to depth to bedrock (numerical rating of
1), steep slopes (numerical rating of 1), and slow movement of water (numerical rating of
1).
Plotting the percentages of clay, sand and silt published by the NRCS for soil units 3, 47 and 66 on
the USDA Textural Triangle indicates:
NRCS soil unit 3 would classify as a silty clay loam per the USDA (United States
Department of Agriculture) soil classification system. Silty clay loam soil has a long term
acceptance rate (LTAR) of between 0.30 and 0.35.
NRCS soil unit 47 has a rating for clay content of 21 percent. However, there are no
percentages recorded for sand and silt, so it was estimated that each would consist of
39.5 percent. As such, NRCS soil unit 47 would classify as Loam. Loam soils have a
LTAR of between 0.50 and 0.60, which is very favorable for a soil treatment area (STA).
NRCS soil unit 66 would classify as a sandy clay loam, which has a LTAR of 0.30 to 0.35.
The LTAR indicates the soils rate at which it will accept effluent, measured in volume per rate per
time, gallons/square foot/per day. The larger the LTAR, the better suited the soils are for allowing
movement of effluent through them, which requires less square footage for the STA.
However, actual LTAR’s shall be determined based on data collected and analyzed per the detailed
soil investigation to be conducted prior to submission for an OWTS permit application.
Location of Physical Features
Physical features on the subject property that will require minimum horizontal setbacks stated in Table
7-1 are shown below. All distances are in feet.
Well
Potable
Water
Supply
Line
Structure with
Basement,
Crawl Space,
Footing
Drains
Property
Lines/Easements
Water
Course
Septic
Tank
Septic
Tank
502 102 5 10 50 --
Effluent
Line
502 5 0 102 502 --
STA 100 252 20 10 503 5
2Crossings or encroachments may be permitted at the points as noted above provided that the water or wastewater
conveyance pipe is encased for the minimum setback distance on each side of the crossing. A length of pipe with a minimum
8
schedule 40 rating (ASTM Standard D 3034-16 (2016 version)) of sufficient diameter to easily slide over and completely
encase the conveyance must be used. Rigid end caps of at least schedule 40 rating (ASTM Standard D 3034-16 (2016
version)) must be glued or secured in a watertight fashion to the ends of the encasement pipe. A hole of sufficient size to
accommodate the pipe must be drilled in the lowest section of the rigid cap so that the conveyance pipe rests on the bottom of
the encasement pipe. The area in which the pipe passes through the end caps must be sealed with an approved underground
sealant compatible with the piping used. Other methods of encasement that provide equal protection are allowed, but must be
approved by the local public health agency.
3Add eight feet additional distance for each 100 gallons per day of design flows between 1,000 and 2,000 gallons per day,
unless it can be demonstrated by a professional engineer or geologist by a hydrologic analysis or the use of a barrier,
consisting of a minimum 30 mil PVC liner or equivalent, that contamination will be minimized. If effluent meets Treatment Level
3N and the local public health agency has a maintenance oversight program in accordance with section 14.D of Reg 43, the
distance addition is not required. Flows greater than 2,000 gallons per day must be hydrologically analyzed for flow, velocity,
hydraulic head, and other pertinent characteristics as means of estimating distances required to minimize contamination as
part of the Division site application and permitting process.
Additional Information
a. Easements: There are existing easements on the subject property and are shown on sheet
2.
b. Floodplain Maps: According to FEMA (Federal Emergency Management Agency) there is
no floodplain map printed for this area.
Landscape Position
The landscape position for the STA is considered summit and the slope shape is convex – linear
(VL) towards the southeast.
Natural and Cultural Features
No natural or cultural features were identified in historical records.
Current and Historic Land Use
The subject property has been historically zoned rural and is expected to remain rural in the future.
3.0 Recommendations
According to this preliminary investigation, an OWTS as a wastewater treatment system is suitable
for each lot proposed for this minor subdivision. At a minimum, each OWTS shall have:
A septic tank, sized for each residence to be constructed on each lot, per the criteria outlined
in section 43.9B of Reg 43.
A STA, bed or trench, for each lot sized in accordance with sections 43.6 and 43.10 of Reg
43.
Category 1, 2 or 3 distribution media in each STA.
4” diameter influent lines.
4” diameter effluent lines.
Cleanouts as required.
A detailed soil investigation and reconnaissance should be conducted on each lot to gather site
specific data necessary to design an adequate OWTS to treat wastewater. Actual OWTS design
should be based on:
9
The size of the proposed residence to be constructed on each lot.
Site specific soil data gathered from logging and analyzing soils from a minimum of two
excavations. The excavations should be close to the proposed location for the STA.
Topography and natural features that may have an impact on placement of OWTS features.
Access to OWTS features.
Site plan layout.
4.0 Limitations
Our preliminary investigation is based on the best information available at the time. The contents of
this report shall not serve as the basis for any third party engineering design.
10
Appendix
NRCS Soil Units - Sheet 1
OWTS Setbacks - Sheet 2
NRCS Soils Map
NRCS Absorption Field Soils Data
NRCS Textural Triangle – NRCS Soil Unit 3
NRCS Textural Triangle – NRCS Soil Unit 47
NRCS Textural Triangle – NRCS Soil Unit 66
HI
G
H
W
A
Y
1
3
-
A
P
S
H
A
L
T
N89° 32' 51"E 638.94'N00° 59' 00"W 1319.42'S56
°
0
9
'
2
0
"
E
1
7
0
1
.
4
1
'
C1
S5
0
°
0
9
'
2
0
"
E
2
7
7
.
8
7
'S 00°37'08" E1318.32'N 18°05'56" E 1277.64N 18°05'56" W 907.31'S 89°22'26" E 1162.64'
S 89°30'42" W 1312.91'
NRCS SOIL
UNIT 66
66
66NRCS SOIL
UNIT 66
NRCS SOIL
UNIT 3
NRCS SOIL
UNIT 47
NRCS SOIL
UNIT 66NRCS
SO
ILUNIT
3
4
15NRCS SOIL
UNIT 66
Graphic Scale
In Feet: 1" = 100'
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Title:
NRCS Soil TypesRevision#Dwg No.SHELTON MINOR SUBDIVISIONGARFIELD, COUNTY, COLORADO 81650Job No.
Drawn by:
Date:
File:
PE:QC:
2023-004.001
TLB
4/26/2023
TLB
WAYNE SHELTON-CIVIL
--Date By:
1
2Of :PRELIMINARY OWTS REPORTProject Milestone:04/26/2023
HI
G
H
W
A
Y
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3
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S
H
A
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T
N89° 32' 51"E 638.94'N00° 59' 00"W 1319.42'S56
°
0
9
'
2
0
"
E
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7
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.
4
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'
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S5
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8
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'S 00°37'08" E1318.32'N 18°05'56" E 1277.64N 18°05'56" W 907.31'S 89°22'26" E 1162.64'
S 89°30'42" W 1312.91'
15
Graphic Scale
In Feet: 1" = 100'
0 50 100 200
Title:
OWTS SetbacksRevision#Dwg No.SHELTON MINOR SUBDIVISIONGARFIELD, COUNTY, COLORADO 81650Job No.
Drawn by:
Date:
File:
PE:QC:
2023-004.001
TLB
4/26/2023
TLB
WAYNE SHELTON-CIVIL
--Date By:
2
2Of :PRELIMINARY OWTS REPORTProject Milestone:04/26/2023
Soil Map—Rifle Area, Colorado, Parts of Garfield and Mesa Counties
(Shelton Minor Subdivision)
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
4/26/2023
Page 1 of 343887004388800438890043890004389100438920043893004388700438880043889004389000438910043892004389300257600257700257800257900258000258100258200258300258400258500258600
257600 257700 257800 257900 258000 258100 258200 258300 258400 258500 258600
39° 37' 11'' N 107° 49' 28'' W39° 37' 11'' N107° 48' 43'' W39° 36' 48'' N
107° 49' 28'' W39° 36' 48'' N
107° 48' 43'' WN
Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 13N WGS84
0 200 400 800 1200Feet
0 50 100 200 300Meters
Map Scale: 1:4,940 if printed on A landscape (11" x 8.5") sheet.
Soil Map may not be valid at this scale.
MAP LEGEND MAP INFORMATION
Area of Interest (AOI)
Area of Interest (AOI)
Soils
Soil Map Unit Polygons
Soil Map Unit Lines
Soil Map Unit Points
Special Point Features
Blowout
Borrow Pit
Clay Spot
Closed Depression
Gravel Pit
Gravelly Spot
Landfill
Lava Flow
Marsh or swamp
Mine or Quarry
Miscellaneous Water
Perennial Water
Rock Outcrop
Saline Spot
Sandy Spot
Severely Eroded Spot
Sinkhole
Slide or Slip
Sodic Spot
Spoil Area
Stony Spot
Very Stony Spot
Wet Spot
Other
Special Line Features
Water Features
Streams and Canals
Transportation
Rails
Interstate Highways
US Routes
Major Roads
Local Roads
Background
Aerial Photography
The soil surveys that comprise your AOI were mapped at
1:24,000.
Warning: Soil Map may not be valid at this scale.
Enlargement of maps beyond the scale of mapping can cause
misunderstanding of the detail of mapping and accuracy of soil
line placement. The maps do not show the small areas of
contrasting soils that could have been shown at a more detailed
scale.
Please rely on the bar scale on each map sheet for map
measurements.
Source of Map: Natural Resources Conservation Service
Web Soil Survey URL:
Coordinate System: Web Mercator (EPSG:3857)
Maps from the Web Soil Survey are based on the Web Mercator
projection, which preserves direction and shape but distorts
distance and area. A projection that preserves area, such as the
Albers equal-area conic projection, should be used if more
accurate calculations of distance or area are required.
This product is generated from the USDA-NRCS certified data as
of the version date(s) listed below.
Soil Survey Area: Rifle Area, Colorado, Parts of Garfield and
Mesa Counties
Survey Area Data: Version 15, Sep 6, 2022
Soil map units are labeled (as space allows) for map scales
1:50,000 or larger.
Date(s) aerial images were photographed: Aug 25, 2021—Sep
5, 2021
The orthophoto or other base map on which the soil lines were
compiled and digitized probably differs from the background
imagery displayed on these maps. As a result, some minor
shifting of map unit boundaries may be evident.
Soil Map—Rifle Area, Colorado, Parts of Garfield and Mesa Counties
(Shelton Minor Subdivision)
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
4/26/2023
Page 2 of 3
Map Unit Legend
Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI
3 Arvada loam, 1 to 6 percent
slopes
45.2 38.5%
34 Ildefonso stony loam, 25 to 45
percent slopes
1.9 1.7%
47 Nihill channery loam, 6 to 25
percent slopes
57.0 48.4%
66 Torriorthents-Camborthids-
Rock outcrop complex,
steep
13.5 11.4%
Totals for Area of Interest 117.6 100.0%
Soil Map—Rifle Area, Colorado, Parts of Garfield and Mesa Counties Shelton Minor Subdivision
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
4/26/2023
Page 3 of 3
NRCS Soil Unit 3
NRCS Soil Unit 47
NRCS Soil Unit 66
WASTEWATER TREATMENT PLAN
Each Lot shall be served by separate engineered On-Site Wastewater Treatment Systems.
Attached is a preliminary OWTS Report prepared by Caliber Engineering, Inc. for the Shelton Minor
Subdivision. The owners of the Lots shall obtain all necessary permits from the County prior to
installation of the engineered On-Site Wastewater Treatment Systems and such systems shall comply
with all County and State regulations and requirements.
COLORADO GEOLOGICAL SURVEY SU BMITTAL
FORM FOR LAND.USE REVIEWS
Garfield DateCounty
Project Name Shelton Minor Subdivision
APPLICANT
(or Applicant's Authorized Representative responsible for paying GGS-review fee)
Name
Address 1419 Airport Road
Rifle co 81650
ph. No. (970) 379-2070 rax n
CGS LAND USE REVIEWS
Geological studies are required by Colorado counties for all subdivisions of unincorpo-
rated land into parcels of less than 35 acres, under State statute C.R.S. 30-28-136 (1) (Ð
(Senate Bill 35, \972).Some Colorado municipalities require geological studies for sub-
division of incorporated land. In additiory local governments are empowered to regu-
late development activities in hazardous or mineral-resource areas under C.R.S. 24-65.1"-
101et seq. (House 8il11041, 1974) and C.R.S. 34-1.-301' et seq. (House Blill1529,1973),
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 1984, the CGS has been required by law to recover the full direct cost of perform-
ing such reviews.
The adequate knowledge of a site's geology is essential for any development project. It
is needed at the start of the project in order to plan, design, and construct a safe devel-
opment. Proper planning for geological conditions can help developers and future
owners/users reduce urìnecessary maintenance andf or repair costs.
tttl
/4, l2,or 14 14
Section(s)
Township_
Range
Dec Lat
Dec Long
FEE SCHEDULÊ,
(effective June 1, 2009)
Reviews for Counties
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 < 100 acres)
Reviews for Municipalities . .
Specra/ Reviews
School Site Reviews
Colorado ceological Survey. 1500 lll¡nois Street, Golden, CO 80401 . Ph:303-384-2655' Ema¡l: CGS-LUR@m¡nes,edu'Coloradoceolog¡calSurvey.org
created 3/1 6/98, .evised 1 1 121 l2O1 3
Frequently Asked Questions and Answers
Regarding the GGS Land Use Review Process
7 Why øm I rcquireil to haoe s CGS reoiezo zuhen I aheaily hircil
anìl paiil fot my own consultant?
In 1972, Senate Bill 35 was passed stating that any person or
entity sultdivirlilìB â !ìr'o[ìer'[y inLo patcels of 35 acres or less on
unincorporated land must submit geologic or geotechnical
reports to the County as part of thc prcliminary plat application
process. Municipalities or public agencies may request that CGS
review a site, although these reviews are not governed by the
statute.
Why is ø CGS rcuieu¡ necessøry wheu I ølreaily hired my ozon
geologist?
The CGS review is an independent third-party revíew that is done
for the County, similar to the service a building inspector provides
{or construction review. The purpose of the CGS review is to
ensure that all geologic concerns have been adequately identified
and add¡essed in the geologic reports ând that the proposed
development is feasible.
Why iloes CGS chørge fot lønd use rcuieu¡s? Doesn't tøxpøyer
money pay for this seraice?
CGS land use reviews are not subsidized through the general
fund, although some other review agencies are supporl.ed by
taxpayer money. In 1984 the state legislature decided that CGS
reviews should be paid for with fees paid by the applicant of the
proposed development so that taxpayers are not viewed as
subsidizing development.
Diil the CGS geologist make ø fielil oisit to the site?
A CGS geologist visits each site being reviewed. If the review is a
re-submittal for a site that has been visited previously, a second
site visit may not be necessary. If significant changes have
occurred since the initial review, the site may be visited again.
Why is the CGS reuiew letter so short anil simple? Whøt ís my fee
pøyíng fot?
The CGS letter is a teview of the geologic material submitted and
reflects the level of detail contained in those documents. CGS does
not offer designs. but rather ensu¡es that the work that has been
done is meaningful and adequate for the site conditions and
proposed development. A site review that adequately addresses all
the geologic conditions present at the site may be a short
confi¡mation letter. If more work needs to be done or if difficult
site conditions are present, the letter may be longer.
Whøt fupe of infotmøtion ilo I neeil to submit to CGS for a lanit
use rczsieza?
The more geologic information that is submitted to CG$ the
easier it is for CGS to evaluate the property. The required
documents may vary based on county requirements and the
potential problems that may impact the proposed development.
A topographic map is essential. Also, information regarding
slope, surficial materials, subsurface materials and bedrock,
presence of groundwater and deptþ and specific geologic
hazards should be included, where applicable. Grading plans.
drainage plans, and geotechnical testing results are also very
helpful for the review. The presence of geologic hazards should
be evaluated with respect to the development plan. Also, the
effect o{ development on geologic conditions should be
discussed. The evaluation should include alternatives such as
avordance and mitigation techniques.
The stùclioision iloun the rcsìl tt¡ns øpprcaeil, uthy zoaen't mine?
There could be several reasons: geologic conditions can change
over short distances; subdivisions made prior to 1972wercnot
requiretl to urrtlergo a CGS review and tuy have not l¡een
evaluated for geologic suitability at all; the area down the ¡oad
may be incorporated as part of a municipalþ, which exempts it
from the CGS review process. Another consideration is that
geologic reviews are continually evolving and site conditions that
have been judged acceptable n the past may no longer be
considered as suclu based on the current understanding of the
geologic processes and adverse impacts associated with them.
Why arc CGS reoiezos rcquireil et¡en on lozo-density propetties?
Senate Bill 35 peftains to subdivisions of less than 35 acres.
Geologic hazards can occur on large-scales or small-scales;
relying on low-density subdivision can not mitigate all geologic
hazards, For instance, entire hillsides might be prone to rockfall
or landslide hazards. Large tracts of land may be subject to
groundwater problems.
Why cøn't I just use the soíl conseraøtion maps fot a geologic
rcpott?
The USDA soil conse¡vation ¡raps are a good start for geologic
investigations, but do not contain sufficient detail on the possible
geologic problems that may occur at any site.
Aten't some of yout reoieut comrnents beyonil the scope of geologic
høzaùls on my site?
Technically other agencies have regulatory authority regarding
issues such as flood plains, groundwater availability and wildfire,
but these issues are also important factors in the overall geologic
context of the site and may affect geologic hazards on the site. The
mention of a condition in the CGS review letter is not intended to
influence the statutory authority of any other agency, but rather to
ensure that all parties are aware of a potentially problematic
geologic condition. For instance, mention of a situation involving a
major drainage is a flag that the U.S. Army Corps of Ëngineers or
the Colorado Water Conservation Board should be reviewing
development plans.
When I bought this property, no one tolil me øbout øny geologíc
hazaùls on the síte; cøn I go bøck to the preoìous ownets
somehou?
CGS can not give legal advice. If the seller was aware of adverse
conditions with respect to the proposed use, this should have
been disclosed. A legal opinion should be sought.
Cøn I gct a uaiau from haaing thc CGS ilo a rctìau¡?
The discretion to grant waivers is vested by law with the counties.
Once an application for review is submitted to CGS, we are under
a statutory responsibility to respond.
I am zuilling to øccept the risk associateil with my Wopeúy -
why is it ønyone's business uthøt I ilo with my ozon lanil?
The presumption associated with a subdivision is that portions
of the property wiil be sold to others. This then assigns any risk
to future buyers, and the county is required to protect their
interests. Senate Bill 35 addresses a wide varìety of land use
issues as well as geologic suitability in an attempt to provide
i¡formation so that the overall appropriateness of the
subdivision proposal can be evaluated.
7
2
8
3
I
4
5
70
77
6
72
73
ACCESS PLAN
All three (3) Lots shall be accessed off Highway 13 via a shared private driveway crossing
Lots 1 and 2. The Plat creates a 40' wide Access Easement across Lots 1 and 2 for the benefit of
Lots 2 and 3. Construction of the driveway within said Easement shall consist of 6" of 1-1/2"
compacted road base, approximately 16' in width. A copy of the existing State Highway Access
Permit is attached hereto. Also attached is a Road Maintenance Declaration for the shared driveway.
Approximately 200' of the driveway extending from Highway 13, including the crossing over
Government Creek, has been constructed. Applicant requests that further improvement and
completion of the driveway across Lot 2 be a condition of approval, to be completed prior to
recordation of the Final Plat.
WAIVER REQUEST - Applicant is seeking a waiver of certain Roadway Standards contained in
Section 7-107 F. The proposed subdivision consists of 3 single family lots with potential ADUs.
Assuming approximately 10 trips per day for each potential dwelling, any portion of the shared
private driveway serving more than 1 lot would fall under the Semi-Primitive Design Standards.
Applicant hereby requests a waiver of the Semi-Primitive Design Standards concerning Shoulder
Width and Ditch Width.
The subject property is relatively flat and the driveway will be slightly elevated. Two 8' lanes
provides ample room for cars to pass and without significant elevation changes from the improved
road to existing elevation, leaving the improved roadway would not constitute a danger and
shoulders should not be required. Additionally, due to the existing topography of the Property and
the driveway being slightly elevated, the potential for significant flooding events is very low and
ditches along the driveway should not be required. Accordingly, the intent and purpose of standards
being waived would still be met and such waiver would in no way impose greater impacts on
adjacent properties.
ROAD MAINTENANCE DECLARATION
KNOW ALL MEN BY THESE PRESENTS that the undersigned hereby declares and adopts
the following Road Maintenance Declaration which shall run with the property hereinafter described
and shall be binding upon all parties now owning or hereafter acquiring any interest therein or
thereto.
RECITALS
A. Shelton Properties LLC (“Declarant) is the owner of Lots 1, 2 and 3, Shelton Minor
Subdivision (the “Lots”), according to the plat thereof recorded as Reception No. _______________
of the Garfield County, Colorado records (the “Plat”).
B. The Plat establishes a 40' Access Easement across Lots 1 and 2 for the construction,
use, maintenance and repair of a shared access road serving all the Lots (“Shared Access Road”).
C. Declarant is desirous of establishing a Road Maintenance Declaration setting forth
the manner in which the Shared Access Road shall be shared and maintained for the benefit of the
Lots.
DECLARATION
NOW, THEREFORE, Declarant hereby declares, creates and establishes the following Road
Maintenance Declaration with respect to the Shared Access Road:
1.Shared Access Road. The Shared Access Road located within the 40' Access
Easement created by the Plat shall be for the use and benefit of the Lots for ingress, egress, access
and roadway purposes.
2. Road Maintenance Standards. The Shared Access Road shall be maintained as a
gravel/dirt road to a minimum standard that will accommodate convenient travel over a reasonably
smooth surface by an ordinary two-wheel drive passenger automobile.
3.Sharing of Costs. The costs to improve, maintain or repair any portion of the Shared
Access Road serving more than one Lot shall be shared equally among the owners of the Lots served
thereby. All costs to improve, maintain and repair any portion of the Shared Access Road serving
only one Lot shall be the exclusive obligation of the owner of the Lot served thereby. No owner
shall be responsible to share in the costs to improve, maintain or repair any portion of the Shared
Access Road which extends beyond such owner’s private driveway and does not otherwise serve
such owner’s Lot.
4.Maintenance and Repairs. The owners of the Lots served by any portion of the
Shared Access Road shall cooperate and consult with each other prior to any expenditures for the
improvement, maintenance or repair of such portion of the Shared Access Road. Notwithstanding
the foregoing, each owner shall have the right to make such improvements and repairs and perform
such maintenance as may be required to achieve and maintain the minimum standard described in
paragraph 2 above. Any improvement to a portion of the Shared Access Road over the minimum
standard set forth in paragraph 2 above (i.e. concrete, pavement, etc.), shall require the unanimous
agreement of the owners of the Lots served by such portion of the Shared Access Road.
5. Owner Responsibility. Notwithstanding anything herein contained to the contrary,
any maintenance or repair of the Shared Access Road required as a result of the willful or negligent
act of an owner of a Lot or such owner’s guests, invitees, contractors or agents shall be the sole
responsibility and obligation of such owner.
6.Enforcement. The failure of any owner of a Lot to pay his or her share of the
maintenance, repair or improvement costs or otherwise comply with the provisions of this
Declaration shall give rise to a cause of action in favor of the other owner(s) aggrieved thereby for
the recovery of damages, costs of action and attorney's fees. The failure of any aggrieved owner(s)
to enforce any such rights of collection or enforce the maintenance standards set forth in paragraph
2 above, shall, in no event, be deemed a waiver of the right to do so in the future.
7.Amendments. This Declaration may be amended only upon the agreement of the
owners of all the Lots, signed and acknowledged in the manner of a Deed and recorded in the records
of the Clerk and Recorder of Garfield County, Colorado.
8.Attorney’s Fees. In the event legal action is taken to enforce the terms of this
Declaration, the prevailing party or parties shall be entitled to recover from the other party or parties
reasonable attorney’s fees and costs.
9.Recording and Binding Effect. This Declaration shall be recorded in the records
of Garfield County, Colorado and shall run with the Lots and shall be binding upon and inure to the
benefit of the owners of the Lots and their respective successors and assigns.
IN WITNESS WHEREOF, this Road Maintenance Declaration is executed this _______ day
of ______________, 2023.
DECLARANT:
SHELTON PROPERTIES LLC,
By:_________________________________
Wayne Shelton, Manager
2
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me this ____ day of _____________ by
Wayne Shelton, as Manager of Shelton Properties LLC.
Witness my hand and official seal.
My commission expires:
Notary Public
3
ARTICLE 7: STANDARDS
7-101. Zone District Use Regulations:
The resulting Lots shall comply with the 2 acre minimum lot area required for noncommercial uses
by the underlying Resource Land Gentle Slopes Zoning.
7-102. Comprehensive Plan and Intergovernmental Agreements:
The Comprehensive Plan labels this Property as Residential Medium High with lots of 2-6 acres.
The proposed Lots meet the minimum lot size set forth in the Comprehensive Plan.
7-103. Compatibility:
The proposed Lots are compatible with the surrounding land uses of single-family residential parcels.
7-104. Source of Water:
Each Lot shall be served by its own well. See Water Supply Plan.
7-105. Central Water Distribution and Wastewater Systems:
Each Lot shall have its own engineered On-Site Wastewater Treatment System which shall comply
with all County and State regulations and requirements. See Wastewater Treatment Plan.
7-106. Adequate Public Utilities:
Electrical service shall be supplied by White River Electric Association, Inc. A Can and Will Serve
Letter from White River Electric Association is attached. Electric service currently exists on Lot 1.
The proposed Final Plat creates a 12' Utility Easement from the existing electrical pole and
transformer on Lot 1 to the 40' Access and Utility Easement for electrical service to Lots 2 and 3.
7-107. Access and Roadways:
All three (3) Lots shall be accessed off Highway 13 via a shared private driveway. The proposed
Final Plat creates a 40' Access and Utility Easement across Lots 1 and 2 for this purpose. Applicant
is requesting a waiver of the Shoulder Width and Ditch Width standards for a Semi-Primitive
Roadway. See Access Plan.
7-108. Use of Land Subject to Natural Hazards:
Applicant is unaware of any natural hazards associated with the Property.
7-109. Fire Protection:
The Property is located within the Colorado River Fire Protection District.
7-201.
The proposed Minor Subdivision shall not adversely affect or otherwise limit agricultural operations
on the Property or on neighboring properties.
7-203. Protection of Waterbodies:
Any development shall comply with any applicable waterbody setbacks.
7-204. Drainage and Erosion:
The Property is relatively flat, requiring little to no grading. In general, the proposed Minor
Subdivision will not alter historic drainage patterns associated with the property. Any changes
caused by the construction of improvements on any Lot shall not alter the historic drainage patterns
across any other Lot or property.
7-404. School Land Dedication:
Any development on the proposed Lots shall pay the applicable Fee-In-Lieu of Dedication of School
Land.
7-405. Road Impact Fees:
The owner of a Lot shall pay the applicable Road Impact Fee prior to issuance of the Building Permit
for such Lot.
Gurfield County
nETËìffi"";;ffi lJ;;,"*'"*
i{ufi ?
GARFIEL
@,H[TIUNITY
Springs, CO 8X60X
945-82L2
DEVE
TYPE OF GRADING
trMINOREIMAJOR
INVOLVED PARTIES
Shelton Properties LLC Phone:
p70 )625-4182PropefiOwner:
Mailing Address: 1419 Airport Road Rifle, Co 81650
Emait Addrerr. wsd i@rof . net
contractor: Self or TBD Phone :f )
Mailing Address:
EmailAddress:
Architect: phone:()
Mailing Address:
EmailAddress:
Engineer:Zancanel la & Associates pton", P7o ) 945-5700
Mailing Address:P.O. Box 1908 Glenwood Springs, Co 81602
EmailAddress:taz @za-engineenng.com
PROJECT NAME AND LOCATION
Project Shelton -H 13
Descrïbe Work:Construct access off Hwy 13 to cross Government Creek for residential
property access
Job Address. tbd HwY 13
Assessol's Parcel Number 2129-152-00-056
Sub. Lot Block
Earthwork (square feet): '1 1.780 Earthwork (Cubic Yards):2146
Att UTITITIES MUST BE LOCATED PRIOR TO ANY GRADING
I hereby certify that I have read this Application and that the information contained above is true and correct. I
understand that the Building Division accepts the Application, along with the plans and specifications and other
data submitted by me or on my behalf (submittals), based upon my certificatlon as to accuracy. Assuming
completeness of the submittals and approval of this Application, a Buildíng Permit will be issued granting
permission to me, as Owner, to construct the structure(s) and facilities detailed on the submittals reviewed by the
Building Division. ln consideration of the issuance of the Building Permit, I agree that I and my agents will comply
with provisions of any federal, state or local law regulating the work and the Garfield CounÇ Building Code, OWTS
regulations and applicable land use regulations (County Regulation(s)). I acknowledge that the Building Permit
may be suspended or revoked, upon not¡ce from the County, ifthe location, construct¡on or use ofthe structure(s)
and facility(ies), described above, are not in compliance with County Regulation(s) or any other applicable law.
I hereby grant perm¡ssion to the Building Division to enter the property, described above, to inspect the work. I
further acknowledge that the issuance of the Building Permit does not prevent the Building Official from: (1)
requiring the correction of errors in the submittals, if any, discovered after issuance; or (2) stopping construction
or use of the structure(s) or facility(ies) if such is in violation of County Regulation(s) or any other applicable law.
Review of this Application, including submittals, and inspections of the work by the Building Division do not
const¡tute an acceptance of responsibility or liability by the County of errors, omissions or discrepancies. As the
Owner, I acknowledge that responsibility for compliance w¡th federal, state and local laws and County Regulations
rest with me and my authorized agents, including without limitation my architect designer, engineer and/ or
builder-
I hereby that I have read and understand the Notice and Cert¡f¡cat¡on above as well as
have required information is correct and accurate to the best of my knowledge.
Owner and S¡gn Date
AuthoriW. This application for a Building Permit must be signed by the Owner of the property, described above, or
an authori¿ed agent. lf the signature below is not that of the Owner, a separate letter of authority, signed by the
Owner, must be provided with this Application.
legal Access. A Building Perm¡t cannot be issued without proof of legal and adequate access to the property for
purposes of inspections by the Building Division.
Other Permits. Mult¡ple separate perm¡ts may be requìred: (1) State Electrical Permit, (2) County OWTS Permi¡
3) another perm¡t required for use on the property identified above, e.g. State or County Highway/ Road Access or
a State Wastewater Discharge Permit.
Vold Permit, A Building Permit becomes null and void if the work authorized ís not commenced within 180 days of
the date of issuance and if work is suspended or abandoned for a period of 1-80 days after commencement.
Speciat Conditr""t, -IT_nl
pLsntnÞ@ "Afr*y æ-fl y. lrz
Ab,¿ozl fu $t+Arrrør¿S tt 4Ð
e¿2r?noV .
ppS 0,,Au-
Perm¡t Fee:
f, I 00 ."o
Mlsc Fees:
N/A
Total Fees:
floo."o
Fees Paid:
ttoc'.oo
Balance due:+
ø
Gradint Permit:
ORAÞ -;IoQö
lssue Date:
aTe+lnt
Zoning:g.L
E- zl -zozlBUILDING / PTANN¡NC DIVISION :
Approval Date
Gurfield County
Community l)evelopment Department
August 26,2021
Tom Zancanella
1011 Grand Ave.
Glenwood Springs, CO 81601
Wayne Shelton
P.O. Box 1059
Basalt, CO 81621
Dear Wayne and Tom:
Thank you again for the technical information you have provided regarding the proposed
temporary stream crossing and future possible culvert placement on Government Creek
on your property north of the City of Rifle off of Hwy. 13 (Parcel No. 2129-152-00-056)'
Also thank you for facilitating our recent site visit to the property.
As part of our evaluation of your proposed plans we have confirmed that the site is not
located in an area that has current FEMA Mapping. We've also confirmed that it is not
located within area covered by lhe 2012 Draft FEMA mapping and not within the
expanded scope for the future FEMA mapping project that is ongoing at this time' ln
addition, our contacts with FEMA Region 8 were consulted regarding your proposal'
ln accordance with the above determinations, we are not requiring a Floodplain
Development permit for your proposed work, only a grading permit. We have also
researched and confirmed with FEMA that they concur with this determination. This
determination also relied on the preliminary design information that you provided
indicating that a zero-rise determination was anticipated for the proposed work, that no
placement of fill within the stream cross section was planned and that sizing of the future
culvert would be designed to convey flows from a 10O-year event on Government Creek.
The following outline includes your next steps in regard to moving your project fon¡vard:
PERMIT
KEEP AVAILABLE AT PROJECT SITE
Project Address ____________________________________________ Parcel No. ________________________
Subdivision _________________________________ Lot _______ Section-Township-Range ____________
Owner Name ______________________________________________ Owner Phone _____________________
Owner Mailing Address _______________________________________________________________________
Contractor(s) ______________________________________________ Contractor Phone _________________
Work Description:
Valuation _________________________________
Square Feet _______________________________
IMPORTANT: APPLICATION IS HEREBY MADE TO THE BUILDING OFFICIAL FOR A PERMIT SUBJECT TO THE CONDITIONS AND
RESTRICTIONS SET FORTH ON THIS APPLICATION. PLEASE NOTE: Final inspection of the work authorized by this permit is required. A
Certificate of Occupancy must be obtained prior to use and occupancy of new buildings and structures. A Building Permit becomes null and
void if the authorized work is not commenced within 180 days of the date of issuance and if work is suspended or abandoned for a period of
180 days after commencement.
Permit Type ____________________________________
Work Classification _____________________________
Issue Date ___________ Expiration Date ___________
PERMIT #
Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601
Phone (970) 945-8212
2/23/2022
15-05-93
Grading
970-625-4182
OWNER
1419 Airport Rd. Rifle, CO 81650
970-625-4182
Construct access off HWY 13 to cross Government Creek for residential property
access
GRAD-08-21-7080
212915200056
Grading- Minor
8/27/2021
Shelton Properties, LLC
TBD HWY 13
ET:
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BENCHMARKS:I hereby declare that these plans for the Wayne Shelton Acæss Design
Prcject were prepared under my direct superuision.
PROJECT CONTROL POINT
N: 150230.2Ê. 149475.8
39.6164'N
107.8'168'W
ELEVATTON 5902.15'(NAVD 88 DATUM)
RESPONSIBLE DESIGN ENGINEER:
Zancanella & Associates, lnc.
Colo. PE No. 439í9
Mâtthew V. Weisbrod
ALL ELEVATIONS ARE ON NAVD 88 DATUM
SHEET INDEXI
NAVD 29 TO NAVD 88 CONVERSION = NAVD 29 PLUS 4.03'
UTILITY LOCATES
PRIOR TO WORK BEING PERFORMED, CONTRACTOR
SHALL CALL 811 FOR UTILITY LOCATES
wtarcbelow.
Z&A Project No. 21006