Loading...
HomeMy WebLinkAbout1.00 General Application Materials_Part1Receipt Number: 760601 Colorado Geological Survey Current Date: 06/19/2023 Description Amount -------------------------------------------------------------------------------- Pre-Pay the Colorado Geological Survey Land Use Review Fee $600.00 Must select project size to calculate a price: Very Small Residential Subdivision - Project Name: Erpestad Minor Subdivision County of Project: Garfield Applicant's Name: Gary, Joan, Ryan & Evelyn Erpestad Applicant's Address (line 1): 6640 County Road 346 Applicant's City: Silt Applicant's State: CO Applicant's Zip Code: 81652 Applicant's Phone: 970-274-3460 Applicant's Email: evie.erpestad@gmail.com Pre-Pay the Colorado Geological Survey Land Use Review Fee Total $600.00 Payments Received Amount -------------------------------------------------------------------------------- CC $600.00 Visa XXXXXXXXXXXX2989 Authorization # 09294D Total $600.00 Thank you for the payment. Project Description/Narrative: Existing plot: 6640 County Road 346 is just over 30 acres of land located 1.5 miles about southwest of the Town of Silt. The existing structures include one single family dwelling, a barn, solar panels, a shed, horses and various farm animals that graze the land. Access to the land is by a private lane that connects County Road 346 and serves 5 other residential parcels. An oil and gas pad exists on the southwest corner of the land, accessed by a private road that connects to County Road 346. The applicants do keep horses on the property. The tenants at 6640 CR 346 are related to the owners as father (Gary), mother (Joan), son (Ryan) and daughter-in-law (Evie). Application for land subdivision is to create 2 lots so the son and daughter-in-law can in the future build a home and continue beautiful family traditions, connections and continue enjoying the land they have inhabited for 18 years as tenants and have their family close for future generations. Proposed use: Land to be subdivided into 2 lots with 1 lot line that will be added separating lot 1 with just over 10 acres and lot 2 with just over 20 acres. There will not be a shared road other than the existing County Road 346 which will have 2 different access points. For lot 1, no change to current access and lot 2 the use of existing private road. The gas well pad will be included in lot 2. Please see proposal prepared by Bookcliff Survey Services included in the site plan tab. Lot 1 will remain with the agricultural structures and original home with no changes to access of land, wastewater management, water supply, traffic, etc. The existing single family dwelling and barn will be accessed by the existing road and only the lot line that will change will be 1 line drawn to divide the land into 2 lots. See lot information via documents from Bookcliff Surveying. No other changes will occur with the existing structures. Documentation to wastewater and water supply operation, quality and performance is in the application packet. Lot 2 will apply for a permit to build a single family dwelling with option for ADU in the far future and agricultural buildings. Plans for access to plot will be using the private road used and maintained by Terra Energy Partners, LLC. Please see surface use agreement contract and email from oil and gas liason, Bryan S. Hotard who represents Terra Energy Partners, LLC. There is also a request for waiver of submittal requirement for subdivision improvements as well as roads, trails, walkways and bikeways, etc. This planned subdivision will not impact current road, bike, walkway or trail infrastructure. An application for lease of water has been approved and contract with West Divide Water Conservancy District is active and in place. A well permit will be applied for contingent upon approval of subdivision and pump test and water quality test will be performed. Wastewater management will be designed according to future home site plans and a comprehensive geotechnical engineering report has been proposed and will be fulfilled dependent on subdivision approval. Utility Access will be approved upon approval of subdivision. Please see a “will serve letter” from Holy Cross Energy in the application. In regards to setbacks of structures near oil and gas facilities, all regulations will be followed upon approval of subdivision, and future building permit application will have designs of future home and more comprehensive plans for wastewater designed specifically for home. The future building permit application for a single family dwelling will be contingent upon approval of this subdivision and will follow all regulations. From:Evie Erpestad To:Philip Berry Subject:Fwd: Site Conditions Date:Monday, January 23, 2023 3:07:14 PM Attachments:image001.png image001.png Here is the email from CTL Thompson. I requested a conclusion with a bit of elaboration. He said that would be included in the soils test report that will be done when we know where the home and septic will be located. Let me know if this will suffice. Evie Erpestad ---------- Forwarded message --------- From: Barbone, Ryan <rbarbone@ctlthompson.com> Date: Mon, Jan 23, 2023, 2:21 PM Subject: Site Conditions To: Evie Erpestad <evie.erpestad@gmail.com> Hello Evie, This email is to clarify where we are with your project located at 6640 CR 346. Last September we performed a “Site and Soil Evaluation” at your site to determine the site suitability and subsurface conditions for design of an on-site wastewater treatment system (OWTS). We observed the excavation of two exploratory pits (near the proposed soil treatment area) to depths of 8 feet and obtained samples for laboratory testing. In our Site and Soil Evaluation letter (dated September 21, 2022) we concluded that the site is suitable for a conventional OWTS using a long-term acceptance rate (LTAR) of 0.5 gal/day/ft2 of typical residential strength effluent. A full OWTS design will be required once plans are developed to show the location of the residence and the number of bedrooms that will be constructed. From our conversation earlier today, it sounds like the County is looking for geotechnical information to determine the suitability of the site for construction prior to allowing the subdivision of your property. Unfortunately, we will not be able to perform our design-level geotechnical engineering investigation and subsequent OWTS design until architectural and site plans have been further developed. We could potentially perform a preliminary geotechnical engineering investigation to determine suitability of the site for construction of a residence, but I do not think that is warranted for the planned construction at this site. During our subsurface investigation for the “Site and Soil Evaluation” we did not observe any geologic or geotechnical hazards that would adversely affect construction of a residence at this site. Further analysis of the site and any potential hazards will be conducted during our design-level geotechnical engineering investigation. Please let me know if you have any questions or need additional information. Thank you, Ryan Barbone, P.E. | Division Manager CTL | Thompson, Inc. 234 Center Drive Glenwood Springs, Colorado 81601 Office: 970-945-2809 Direct: 970-384-3199 Cell: 970-985-9193 rbarbone@ctlthompson.com| www.ctlt.com Confidential Notice: This is a confidential communication. If you received it in error, please notify the sender of the delivery error by replying to this message and then delete it from your system. Information contained herein may not be complete or accurate. Stamped and signed engineering documents, including those signed digitally, take precedence over preliminary data and electronic communications. CTL¦Thompson will not be liable for the completeness, correctness or readability of electronic data. The electronic data should be checked by the addressee against stamped and signed documents. Commonwealth Title Company of Garfield County, Inc. 127 E. 5th Street Rifle, CO 81650 Phone (970) 625-3300 / Fax (970) 625-3305 1322 Grand Avenue Glenwood Springs, CO 81601 Phone (970) 945-4444 / Fax (970) 945-4449 Date: July 25, 2022 File No. 2207004 Property Address. 6640 County Road 346, Silt Bookcliff Survey Services Inc. 136 East 3rd Street Rifle, CO 81650 Attn: Michael Langhorne Email: ml@bookcliffsurvey.com Gary Erpestad Email: gerpestad@gmail.com Ryan Erpestad Email: ryan.erpestad@gmail.com COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 2207004 1. Effective Date: July, 2022 at 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 6-17-06) $N/A Proposed Insured: (b) ALTA LOAN POLICY (ALTA 6-17-06) Proposed Insured: 3. The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and is at the effective date hereof vested in: Gary L. Erpestad and Joan H. Erpestad 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and described as follows: Lot 2A Amended Giomi Minor Subdivision Exemption According to the plat thereof recorded February 3, 1998 as Reception No. 519896 TITLE CHARGES Informational Commitment $550.00 COUNTERSIGNED: ___________________Patrick P. Burwell_____________________________ Authorized Officer or Agent Valid Only if Schedule B and Cover Are Attached American Land Title Association Issuing Agent: Schedule A Commonwealth Title Company of Garfield County, Inc. (Rev'd 6-06) 127 East 5th Street Rifle, CO 81650 File No. 2207004 SCHEDULE B - SECTION 1 The Following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded to the office of the Clerk and Recorder of the County in which said property is located. 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. This is an informational only commitment and no policy will be issued hereunder. 5. Receipt of satisfactory Improvement Survey Plat certified to the Company (i) prepared from an on-the-ground inspection by a registered land surveyor licensed in the State of Colorado; (ii) currently dated, showing the location of the Property and all improvements, fences, easements, roads, rights-of-way and encroachments or other matters identified in Schedule B - Section 2 of this Commitment, to the extent such matters are capable of being shown, (iii) containing a legal description of the boundaries of the Property by metes and bounds or other appropriate legal description; and (iv) meeting the criteria of Colorado Revised Statute 38-51-102(9), as amended, for an Improvement Survey Plat. NM 6 American Land Title Association Commitment Schedule B - Section 1 - Form 1004-5 DISCLOSURES Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph F provides: "Whenever a title entity provides the closing and settlement service that is in conjunction with the issuance of an owner's policy of title insurance, it shall update the title commitment from the date of issuance to be as reasonably close to the time of closing as permitted by the real estate records. Such update shall include all impairments of record at the time of closing or as close thereto as permitted by the real estate records. The title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date of the title commitment, for all undisclosed matters that appear of record prior to the time of closing." Provided Commonwealth Title Insurance Company of Garfield County, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. This Notice is required by Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph G. Pursuant to Colorado Division of Insurance Regulation 8-1-2, notice is hereby given that affirmative mechanic's lien protection for the prospective insured owner may be available upon compliance with the following conditions: A. The land described in Schedule A of this Commitment must be a single family residence, which includes a condominium or townhouse unit. B. No labor or materials may have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive appropriate affidavits indemnifying the Company against all unfiled mechanic's and materialmen's liens. D. Any deviation from conditions A through C above is subject to such additional requirements or information as the Company may deem necessary; or, at its option, the Company may refuse to delete the exception. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph M. Pursuant to Colorado Division of Insurance Regulation 8-1-3, notice is hereby given of the availability of a Closing Protection Letter which may, upon request, be provided to certain parties to the transaction. Pursuant to C.R.S. §10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district; B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent; C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor; and D) The company will not issue its policy of policies of title insurance contemplated by the commitment until it has been provided a Certificate of Taxes due from the County Treasurer or the County Treasurer's authorized agent; or until the Proposed Insured has notified or instructed the company in writing to the contrary C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right, and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform. Pursuant to C.R.S. §10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. If the transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. §39-22-604.5 (Nonresident withholding). Pursuant to C.R.S. §38-35-125(2), no person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph J. "Good Funds Law" C.R.S. §39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee and Section 38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address, (not necessarily the same as the property address) be included on the face of the deed to be recorded. File No. 2207004 SCHEDULE B - SECTION 2 Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the company: 1. Rights or claims of parties in possession not shown by the Public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the premises would disclose, and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded July 19, 1901 as Reception No. 24048. 10. Reservation of an undivided one-half interest in all oil, gas and other mineral rights as described in instrument recorded March 7, 1952 as Reception No. 178743, and any and all assignments thereof or interests therein. 11. Reservation of an undivided one-half interest in all oil, gas and other mineral rights as described in instrument recorded October 16, 1975 as Reception No .269803, and any and all assignments thereof or interests therein. 12. Covenants, conditions, restrictions, which do not contain a forfeiture or reverter clause, but omitting restrictions, if any, based on race, color, religion, or national origin, and all matters set forth in Declaration recorded December 22, 1980 as Reception No. 310573 and Amended in instrument recorded February 21, 1998 as Reception No. 525576 13. Right of way easement recorded January 4, 1993 as Reception No. 442820. 14. Terms and conditions set forth in Agreement recorded May 27, 1997 as Reception No. 508722. 15. Easements, rights of way and all matters shown on the Plat of Amended Giomi Subdivision recorded February 3, 1998 as Reception No. 519896. 16. Easement Agreement recorded April 10, 2003 as Reception No. 624894 and April 10, 2003 as Reception No. 624895. The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B - Section 2, the following items: (1) The Deed of Trust, if any, required under Schedule B - Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales. NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. American Land Title Association Commitment Schedule B - Section 2 Form 1004-12 COMMONWEALTH TITLE COMPANY PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: •Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means. •Information about your transactions with us, our affiliated companies, or others; and •Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. 11/30/22 Garfield County To whom it may concern, This document is a request for a waiver of submittal requirement for subdivision improvements as well as, roads, trails, walkways,bikeways etc. Please note current access road documentation within packet. For questions contact: Ryan Erpestad (970)274-3461 or Evelyn Erpestad (970)274-3460.