HomeMy WebLinkAbout1.00 General Application Materials111 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 include
the 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 Certificate
of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County
Treasurer's authorized agent. 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. 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 matters
which 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 request
mechanic'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 the
date 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 was
constructed, 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, and
indemnity, 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 Insurance
Regulation 8-1.
Nothing herein contained will be deemed to obligate the Company to provide any of the coverages
referred 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.
2
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/
3
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.
4
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
5
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)
6
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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SCALE: 1" = 2000'
NOTICE: ACCORDING TO COLORADO LAW, YOU
MUST COMMENCE ANY LEGAL ACTION BASED
UPON ANY DEFECT IN THIS SURVEY WITHIN
THREE YEARS AFTER YOU FIRST DISCOVER SUCH
DEFECT. IN NO EVENT MAY ANY ACTION BASED
UPON ANY DEFECT IN THIS SURVEY BE
COMMENCED MORE THAN TEN YEARS FROM THE
DATE OF THE CERTIFICATION SHOWN HEREON.
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A PARCEL OF LAND SITUATED IN THE NORTHERN HALF OF SECTION 15,
TOWNSHIP 5 SOUTH, RANGE 93 WEST OF THE 6TH PRINCIPAL MERIDIAN
AND MORE PARTICULARLY DESCRIBED BELOW
COUNTY OF GARFIELD, STATE OF COLORADO
SHELTON MINOR SUBDIVISION
11/14/2023
COUNTY PLAT NOTES
A. NOXIOUS WEEDS.
CONTROL OF NOXIOUS WEEDS IS THE RESPONSIBILITY OF THE PROPERTY OWNER.
B. OPEN HEARTH SOLID-FUEL FIREPLACES.
NO OPEN HEARTH SOLID-FUEL BURNING STOVE AS DEFINED BY C.R.S. 25-7-401, ET.SEQ., AND
THE REGULATIONS PROMULGATED THEREUNDER, WILL BE ALLOWED IN ANY DWELLING
UNIT. ALL DWELLING UNITS WILL BE ALLOWED AN UNRESTRICTED NUMBER OF NATURAL
GAS BURNING STOVES AND APPLIANCES.
C. EXTERIOR LIGHTING.
ALL EXTERIOR LIGHTING SHALL BE THE MINIMUM AMOUNT NECESSARY AND THAT ALL
EXTERIOR LIGHTING SHALL REDIRECTED INWARD AND DOWNWARD, TOWARDS THE
INTERIOR OF THE SUBDIVISION, EXCEPT THAT PROVISIONS MAY BE MADE TO ALLOW FOR
SAFETY LIGHTING THAT GOES BEYOND THE PROPERTY BOUNDARIES.
D. RIGHT TO FARM
COLORADO IS A "RIGHT-TO-FARM" STATE PURSUANT TO C.R.S. 35-3-11, ET. SEQ.
LANDOWNERS, RESIDENTS AND VISITORS MUST BE PREPARED TO ACCEPT THE ACTIVITIES,
SIGHTS, SOUNDS AND SMELLS OF GARFIELD COUNTY'S AGRICULTURAL OPERATIONS AS A
NORMAL AND NECESSARY ASPECT OF LIVING IN A COUNTY WITH A STRONG RURAL
CHARACTER AND A HEALTHY RANCHING SECTOR. THOSE WITH AN URBAN SENSITIVITY
MAY PERCEIVE SUCH ACTIVITIES, SIGHTS, SOUND, AND SMELLS ONLY AS INCONVENIENCE,
EYESORE, NOISE AND ODOR. HOWEVER, STATE LAW AND COUNTY POLICY PROVIDE THAT
RANCHING, FARMING AND OTHER AGRICULTURAL ACTIVITIES AND OPERATIONS WITHIN
GARFIELD COUNTY SHALL NOT BE CONSIDERED TO BE NUISANCES SO LONG AS OPERATED
IN CONFORMANCE WITH THE LAW AND IN A NON-NEGLIGENT MANNER. THEREFORE, ALL
MUST BE PREPARED TO ENCOUNTER NOISES, ODOR, LIGHTS, MUD, DUST, SMOKE,
CHEMICALS, MACHINERY ON PUBLIC ROADS, LIVESTOCK ON PUBLIC ROADS, STORAGE AND
DISPOSAL OF MANURE, AND THE APPLICATION BY SPRAYING OR OTHERWISE OF CHEMICAL
FERTILIZERS, SOIL AMENDMENT, HERBICIDE, AND PESTICIDES, ANY ONE OR MORE OF
WHICH MAY NATURALLY OCCUR AS PART OF LEGAL AND NON-NEGLIGENT AGRICULTURAL
OPERATIONS.
E. MAINTENANCE OF FENCES, RURAL LIVING, ETC.
ALL OWNERS OF LAND, WHETHER RANCH OR RESIDENCE, HAVE OBLIGATIONS UNDER
STATE LAW AND COUNTY REGULATIONS WITH REGARD TO THE MAINTENANCE OF FENCES
AND IRRIGATION DITCHES, CONTROLLING WEEDS, KEEPING LIVESTOCK AND PETS UNDER
CONTROL, USING PROPERTY IN ACCORDANCE WITH ZONING, AND OTHER ASPECTS OF
USING AND MAINTAINING PROPERTY. RESIDENTS AND LANDOWNERS ARE ENCOURAGED TO
LEARN ABOUT THESE RIGHTS AND RESPONSIBILITIES AN ACT AS GOOD NEIGHBORS AND
CITIZENS OF THE COUNTY. A GOOD INTRODUCTORY SOURCE FOR SUCH INFORMATION IS "A
GUIDE TO RURAL LIVING & SMALL SCALE AGRICULTURE" PUT OUT BY THE COLORADO
STATE UNIVERSITY EXTENSION OFFICE IN GARFIELD COUNTY.
F. MINERAL RIGHTS.
THE MINERAL RIGHTS ASSOCIATED WITH THIS PROPERTY MAY NOT BE TRANSFERRED WITH
THE SURFACE ESTATE THEREFORE ALLOWING THE POTENTIAL FOR NATURAL RESOURCE
EXTRACTION ON THE PROPERTY BY THE MINERAL ESTATE OWNER(S) OR LESSEE(S).
G. DOMESTIC DOGS.
DOGS KEPT ON THE PROPERTY SHALL BE IN A FENCED YARD OR ON A LEASH TO PREVENT
HARASSMENT OF WILDLIFE.
H. WILDLIFE-FRIENDLY FENCING.
FENCING ON THE PROPERTY SHALL COMPLY WITH THE COLORADO PARKS AND WILDLIFE
SPECIFICATIONS FOR WILDLIFE-FRIENDLY FENCING.
I. SEPTIC SYSTEMS.
ENGINEER-DESIGNED SEPTIC SYSTEMS ARE REQUIRED WITHIN THIS SUBDIVISION.
J. FOUNDATIONS.
ENGINEER-DESIGNED FOUNDATIONS ARE REQUIRED WITHIN THIS SUBDIVISION.
K. IRRIGATION DITCHES
DITCH OWNER(S) RIGHTS: COLORADO STATE STATUTES 37-86-102 PROVIDES THAT ANY
PERSON OWNING A WATER RIGHT OR CONDITIONAL WATER RIGHT SHALL BE ENTITLED TO
A RIGHT-OF-WAY THROUGH THE LANDS WHICH LIE BETWEEN 11-IE POINT OF DIVERSION
AND POINT OF USE OR PROPOSED USE FOR THE PURPOSE OF TRANSPORTING WATER FOR
BENEFICIAL USE IN ACCORDANCE WITH SAID WATER RIGHT OR CONDITIONAL WATER
RIGHT. ANY IMPACT, CHANGE OR CROSSING OF A DITCH SHALL REQUIRE APPROVAL FROM
THE DITCH OWNER.
PLAT NOTES
1) THE PURPOSE OF THIS PLAT IS TO DIVIDE THE EXISTING 48.101 +/- ACRE PARCEL INTO THREE (3) LOTS:
LOT 1 CONTAINING 14.984 +/- ACRES, LOT 2 CONTAINING 15.023 +/- ACRES AND LOT 3 CONTAINING
18.094 +/- ACRES.
2) TO ENSURE CONFORMANCE WITH GARFIELD COUNTY PRIMARY DRINKING WATER STANDARDS AND
THE COLORADO PRIMARY DRINKING WATER STANDARDS OF THE COLORADO DEPARTMENT OF PUBLIC
HEALTH AND ENVIRONMENT, AN IRON FILTER, A HIGH LEVEL SOFTENING SYSTEM AND A REVERSE
OSMOSIS SYSTEM SHALL BE REQUIRED TO TREAT THE DOMESTIC WATER FOR EACH EXISTING WELL.
ANNUAL TESTING TO CONFIRM CONTINUED COMPLIANCE WITH THE REQUIRED STANDARDS IS
RECOMMENDED.
3) RADON TESTING IS RECOMMENDED FOR ANY RESIDENCE UPON COMPLETION OF CONSTRUCTION.
4) DATE OF SURVEY WAS JANUARY AND MARCH, 2023.
5) BEARINGS ARE BASED ON A 1975 BLM BRASS CAP FOUND IN PLACE AT THE NORTHWEST CORNER OF
SECTION 15 AND A 1975 BLM BRASS CAP BEING N 01°25'22"W BETWEEN THE TWO DESCRIBED MONUMENTS
WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO.
6) THIS PLAT IS BASED ON:
a. WARRANTY DEED RECORDED JANUARY 26, 2021 AS RECEPTION NO. 949242 IN THE RECORDS OF
THE GARFIELD, COUNTY, COLORADO CLERK AND RECORDER'S OFFICE.
b. RESEARCH FOR RIGHTS-OF-WAY AND EASEMENTS OF RECORD ARE BASED ON TITLE COMPANY OF
THE ROCKIES COMMITMENT NO. 1205845- C EFFECTIVE APRIL 04, 2023 AND ISSUED APRIL 12, 2023.
c. MONUMENTS FOUND IN PLACE AS INDICATED HEREON.
7) ALL DIMENSIONS SHOWN HEREON ARE RECORD AND AS-MEASURED UNLESS OTHERWISE INDICATED.
8) ALL FOUND OR SET MONUMENTS ARE AS NOTED HEREON.
9) THE GOVERNMENT CREEK SETBACK DEPICTED ON SHEET 2 IS MEASURED 30' FROM TOP OF BANK ON
EACH SIDE OF THE EXISTING CHANNEL AS LOCATED 08/25/23.
10) THE LINEAL UNIT USED IN THE PREPARATION OF THIS PLAT IS THE U.S. SURVEY FOOT AS DEFINED BY
THE UNITED STATES DEPARTMENT OF COMMERCE, NATIONAL INSTITUTE OF STANDARDS AND
TECHNOLOGY.
11) ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY
DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT
MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS
FROM THE DATE OF CERTIFICATION SHOWN HEREON.
CERTIFICATE OF DEDICATION AND OWNERSHIP
THE UNDERSIGNED SHELTON PROPERTIES, LLC, BEING SOLE OWNER(S) IN FEE SIMPLE OF ALL THAT REAL
PROPERTY SITUATED IN GARFIELD COUNTY, DESCRIBED AS FOLLOWS:
A PARCEL OF LAND SITUATED IN THE NORTHERN HALF OF SECTION 15, TOWNSHIP 5 SOUTH, RANGE 93
WEST 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 THE
NORTHWEST CORNER OF SAID SECTION BEARS N 01°32'08" E 2641.81 FEET; THENCE
N 89°27'51" E ALONG THE SOUTH LINE OF THE SW14NW14 OF SAID SECTION A DISTANCE OF 2621.63 FEET TO
THE TRUE POINT OF BEGINNING, SAID POINT BEING THE SOUTHWEST CORNER OF THE SE14NW14; THENCE N
01°05'18"W ALONG THE WEST LINE OF THE SE14NW14 DISTANCE OF 1319.57 FEET TO A POINT ON THE NORTH
LINE 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" E
ALONG THE SOUTHERN RIGHT OF WAY OF SAID HIGHWAY A DISTANCE OF 1698.83 FEET; THENCE
CONTINUING ALONG THE SOUTHERN RIGHT OF WAY OF SAID HIGHWAY A DISTANCE OF 293.72 FEET
ALONG 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; THENCE CONTINUING ALONG THE SOUTHERN RIGHT OF WAY OF SAID
HIGHWAY, 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 CONTINUING
ALONG THE SOUTH OF THE SW14NE14 OF SAID SECTION 15, S 89°28'03" W A DISTANCE OF 1164.89 FEET TO THE
SOUTHWEST CORNER OF SW14NE14, POINT ALSO BEING THE SOUTHEAST CORNER OF SE14NW14, A 1975 BLM
BRASS 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 SUBDIVIDED
INTO LOTS AS SHOWN ON THIS PLAT UNDER THE NAME AND STYLE OF SHELTON MINOR SUBDIVISION, A
SUBDIVISION IN THE COUNTY OF GARFIELD.
OWNER HEREBY ESTABLISHES AND DEDICATES THE FOLLOWING EASEMENTS MORE PARTICULARLY
DESCRIBED AND DEPICTED ON SHEET 2 HEREOF FOR THE USE AND BENEFIT OF LOTS 1, 2 AND 3 CREATED
BY 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 SAID
EASEMENT 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; AND
THE 12’ BLM ACCESS EASEMENT LOCATED ON LOTS 1 AND 2.
OWNER FURTHER DEDICATES ANY PUBLIC UTILITY EASEMENTS CREATED BY THIS PLAT, FOR THEIR
INTENDED PURPOSE, TOGETHER WITH THE RIGHT TO TRIM INTERFERING TREES AND BRUSH, WITH THE
PERPETUAL RIGHT OF INGRESS AND EGRESS FOR INSTALLATION AND MAINTENANCE OF SUCH UTILITIES
IN A REASONABLE AND PRUDENT MANNER.
THE COUNTY OF GARFIELD SHALL NOT BE RESPONSIBLE FOR ANY STREET PAVING OR IMPROVEMENTS OR
ANY EXPENSE ASSOCIATED THEREWITH. ALL EXPENSE FOR STREET PAVING OR IMPROVEMENTS SHALL
BE FURNISHED BY THE OWNER, NOT BY THE COUNTY OF GARFIELD.
COUNTY OF GARFIELD
STATE OF COLORADO
-------------------------------
EXECUTED THIS DAY OF DAY OF ____________ A.D., 20 __ .
SHELTON PROPERTIES LLC
BY:__________________________________
WAYNE SHELTON, MANAGER
1419 AIRPORT ROAD
RIFLE, COLORADO 81650
STATE OF COLORADO )
),SS
COUNTY 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 PUBLIC
CERTIFICATE OF TAXES PAID
I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF TAXES AND ASSESSMENTS
DUE AND PAYABLE AS OF , UPON ALL PARCELS OF REAL ESTATE
DESCRIBED ON THIS PLAT ARE PAID IN FULL.
DATED THIS DAY OF ________, A.D., 20 __
TREASURER OF GARFIELD COUNTY
TITLE CERTIFICATE
I, , AN ATTORNEY LICENSED TO PRACTICE
LAW IN THE STATE OF COLORADO, OR AGENT AUTHORIZED BY A TITLE INSURANCE
COMPANY, DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO ALL LANDS
SHOWN UPON THIS PLAT AND THAT TITLE TO SUCH LANDS IS VESTED IN
, FREE AND CLEAR OF AL LIENS AND ENCUMBRANCES (INCLUDING
MORTGAGES, DEEDS OF TRUST, JUDGMENTS, EASEMENTS, CONTRACTS AND
AGREEMENTS OF RECORD AFFECTING THE REAL PROPERTY IN THIS PLAT), EXCEPT
AS FOLLOWS:
DATED THIS DAY OF , A.D. 20 .
TITLE COMPANY:
AGENT
OR
ATTORNEYCOLORADO ATTORNEY REGISTRATION NO.
COUNTY COMMISSIONER'S CERTIFICATE
BASED UPON THE REVIEW AND RECOMMENDATION OF GARFIELD COUNTY
DIRECTOR OF COMMUNITY DEVELOPMENT, THE BOARD OF COUNTYCOMMISSIONERS OF GARFIELD COUNTY, COLORADO, HEREBY APPROVES THISSUBDIVISION PLAT THIS DAY OF , A.D. 20 , FOR
FILING 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 OBLIGATE
GARFIELD COUNTY FOR THE CONSTRUCTION, REPAIR OR MAINTENANCE OF PUBLIC
ROADS, HIGHWAYS OR ANY OTHER PUBLIC DEDICATIONS SHOWN HEREON.
CHAIRMAN, BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
WITNESS MY HAND AND SEAL OF THE COUNTY OF GARFIELD.
ATTEST: COUNTY CLERK
CLERK AND RECORDER'S CERTIFICATE
THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD
COUNTY, COLORADO, AT O'CLOCK , ON THIS DAY OF A.D., 20
, AND IS DULY RECORDED AS RECEPTION NO. .
ATTEST:
CLERK AND RECORDER
BY:
DEPUTY
COUNTY SURVEYOR
APPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF
SURVEYS, CALCULATIONS OR DRAFTING, PURSUANT TO C.R.S. § 38-51-101
AND 102, ET SEQ.
DATED THIS DAY OF , A.D., 20 .
GARFIELD COUNTY SURVEYOR
SURVEYOR'S CERTIFICATE
I, IVAN MARTIN, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED
UNDER THE LAWS OF THE STATE OF COLORADO, THAT THIS PLAT IS A TRUE, CORRECT AND
COMPLETE PLAT OF SHELTON MINOR SUBDIVISION AS LAID OUT, PLATTED, DEDICATED AND SHOWN
HEREON, THAT SUCH PLAT WAS MADE FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME
AND/OR UNDER MY SUPERVISION, IS BASED UPON MY KNOWLEDGE, INFORMATION AND BELIEF, IS IN
ACCORDANCE WITH APPLICABLE STANDARDS, IS NOT A GUARANTY OR WARRANTY, EITHER
EXPRESSED OR IMPLIED AND CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS,
STAKED UPON THE GROUND IN COMPLIANCE WITH TITLE 38, ARTICLE 51, C.R.S., AS AMENDED, AND
ALL OTHER REGULATIONS GOVERNING THE SUBDIVISION OF LAND.
IN WITNESS WHEREOF I HAVE SET MY HAND AND SEAL THIS 11TH DAY OF NOVEMBER, 2023.
________________________________________
COLORADO LICENSED PROFESSIONAL LAND SURVEYOR
IVAN MARTIN
LICENSE NUMBER PLS 38440
HIGH
W
AY 13 - APSHALT
N89° 32' 51"E 638.94'
N00°
59' 00"W
1319.42'
S56° 09' 20"E 1701.41'
C1
S50° 09' 20"E 27
7.87'
FND 1975 BLM
BRASS CAP
FND 58" REBAR WITH 1.25"
YELLOW PLASTIC CAP, LS
3174, 73.69' WITNESS
CORNER TO SW CORNER OF
SE14NW14 SECTION 15 (POINT
OF BEGINNING - LOT 3) SET
A 34 " REBAR WITH 3.25"
ALUMINUM CAP, PLS 38440
74' WITNESS CORNER
ORIGINAL SHELTON
2,095,273 SQ. FT.±
48.101 ACRES±
ZONING:RESOURCE
SW14NW14SECTION 15
NOT A PART
WE
S
T
12 S
E
C
T
I
O
N
1
5
EA
S
T
12 S
E
C
T
I
O
N
1
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NE14SW14SECTION 15
NOT A PART
NW14SE14SECTION 15
NOT A PART
NE14NW14SECTION 15
NOT A PARTNW14NW14SECTION 15
NOT A PART
SE14NW14SECTION 15
SW14NE14SECTION 15
LOT 3
788,154 SQ. FT.±
18.094 ACRES±
LOT 2
654,415 SQ. FT.±
15.023 ACRES±
LOT 1
652,720 SQ. FT.±
14.984 ACRES±
WELL LOCATION
WELL LOCATION
WELL LOCATION
SET 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 38440
SET 58" REBAR WITH 1.25"
PLASTIC CAP, LS 38440
SET 58" REBAR WITH 1.25"
PLASTIC CAP, LS 38440
191.04'
622.37'
885.30'
SET 58" REBAR WITH 1.25"
PLASTIC CAP, LS 38440
SET 58" REBAR WITH 1.25"
PLASTIC CAP, LS 38440
378.05'631.99'302.87'
S 00°37'08" E
1318.32'
N 18°05'56" E 1277.64
N 18°05'56" W 907.31'
S 89°22'26" E 1162.64'
S 89°30'42" W 1312.91'
40' ACCESS AND
UTILITY EASEMENT
CREATED WITH THIS
PLAT
12' BLM ACCESS
EASEMENT CREATED
WITH THIS PLAT
12' UTILITY EASEMENT
CREATED WITH THIS PLAT
125' ELECTRIC LINE
EASEMENT
RECEPTION No. 221699
127.50' ELECTRIC LINE
EASEMENT
RECEPTION No. 273832
GOVERNMENT CREEK
SETBACK CREATED WITH
THIS PLAT
GOVERNMENT CREEK
SETBACK CREATED WITH
THIS PLAT
GOVERNMENT CREEK
SETBACK CREATED WITH
THIS PLAT
145.16'
157.28'EXIST FOUNDATION
SEPTIC AREA 47.90'
CENTER LINE
GOVERNMENT CREEK
CENTER LINE
GOVERNMENT CREEK
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NOTICE: ACCORDING TO COLORADO LAW, YOU
MUST COMMENCE ANY LEGAL ACTION BASED
UPON ANY DEFECT IN THIS SURVEY WITHIN
THREE YEARS AFTER YOU FIRST DISCOVER SUCH
DEFECT. IN NO EVENT MAY ANY ACTION BASED
UPON ANY DEFECT IN THIS SURVEY BE
COMMENCED MORE THAN TEN YEARS FROM THE
DATE OF THE CERTIFICATION SHOWN HEREON.
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A PARCEL OF LAND SITUATED IN THE NORTHERN HALF OF SECTION 15,
TOWNSHIP 5 SOUTH, RANGE 93 WEST OF THE 6TH PRINCIPAL MERIDIAN
AND MORE PARTICULARLY DESCRIBED BELOW
COUNTY OF GARFIELD, STATE OF COLORADO
LEGAL DESCRIPTIONS:
LOT 1
A Parcel of land situated in the Northern half of Section 15, Township 5 South, Range 93 West 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 the Northwest corner of said section
bears 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 of
1313.34 feet to the true point of beginning, said point being the southwest corner of the SE14NW14; with all bearings being relative
thereto;
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 S
56°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 feet
along 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; thence
continuing 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 the
SW14NE14 of said Section 15; thence departing the southerly right of way of said highway and continuing along the south of the
SW14NE14 of said section 15, S 89°22'26" W a distance of 1162.64 feet to the southwest corner of SW14NE14, point also being the
southeast 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 Colorado
LOT 2
A Parcel of land situated in the Northern half of Section 15, Township 5 South, Range 93 West 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 the Northwest corner of said section
bears 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 of
1313.34 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 southern
right 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 said
south 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 Colorado
LOT 3
A Parcel of land situated in the Northern half of Section 15, Township 5 South, Range 93 West 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 the Northwest corner of said section
bears 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 of
1313.34 feet to the true point of beginning, said point being the southwest corner of the SE14NW14; thence N 01°05'18"W along the
west 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 the
north 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 S
56°09'20" E along the southern right of way of said highway a distance of 191.04 feet; thence leaving said southern right of way
S 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 S
89°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 Colorado
11/14/2023
FND 1975 BLM
BRASS CAP (WEST 14CORNER SECTION
15, T 5S, R 93W)
FND 1975 BLM
BRASS CAP (NW
CORNER SECTION
15, T 5S, R 93W)
SHELTON MINOR SUBDIVISION
N 89°30'42"E
1313.34'
N
0
1°25'22"W 2640.29'
(BA
S
I
S
OF BEARING)
LEGAL DESCRIPTIONS EASEMENTS:
12' BLM ACCESS EASEMENT
Access easement being 12' wide and lying 6' on each side of the following described centerline, to access
adjoining BLM property, beginning at a point whence the C14 Section 15 bears S 65°39'57" E a distance of
891.37'; thence S 66°33'59" E a distance of 104.40'; thence with a curve turning to the right with an arc length of
112.18', with a radius of 608.61', with a chord bearing of S 60°06'59" E, with a chord length of 112.02'; thence S
59°14'20" E a distance of 82.10'; thence with a curve turning to the left with an arc length of 135.31', with a
radius 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 a
distance of 159.99'; thence S 57°08'34" E a distance of 25.70'; thence with a curve turning to the right with an
arc length of 55.06', with a radius of 19.90', with a chord bearing of S 17°45'39" W, with a chord length of
39.11'; thence N 84°56'24" W a distance of 133.60'; thence S 87°15'01" W a distance of 25.74'; thence S
81°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 of
79.64'; 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 of
intersection with existing road intersects property line of Lot 2: whence the C14 Section 15 bears N 89°30'42" E a
distance of 692.49'.
12' UTILITY EASEMENT
Utility easement being 12' wide and lying 6' on each side of the following described centerline:, beginning at a
point whence the C14 corner Section 15 bears S 00°41'39" E a distance of 516.03'; thence N 42°31'08" W a
distance of 116.69' to a point intersecting a 40' access and utility easement; whence the C14 corner Section 15
bears S 06°52'39" E a distance of 606.36'.
40' ACCESS AND UTILITY EASEMENT
Access and utility easement being 40' wide and lying 20' on each side of the following described centerline:
beginning at a point whence the CN 116th corner, Section 15 bears N 61°06'29" E a distance of 678.83'; beginning
at a point between lot 2 and 3; thence S 48°41'57" E a distance of 313.93'; thence S 34°11'10" E a distance of
137.60'; thence S 77°15'37" E a distance of 210.43'; thence with a curve turning to the left with an arc length of
91.49', with a radius of 50.00', with a chord bearing of N 49°36'17" E, with a chord length of 73.41'; thence
N 05°33'48" W a distance of 102.36'; thence with a curve turning to the right with an arc length of 74.26', with
a radius of 142.23', with a chord bearing of N 13°17'42" E, with a chord length of 73.41'; whence the CN 116th
corner, Section 15 bears N 01°22'50" E a distance of 470.68'.
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'
N0
0
°
5
9
'
0
0
"
W
1
3
1
9
.
4
2
'
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°
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9
'
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0
"
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7
0
1
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'
5
6
"
W
9
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7
.
3
1
'
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 66
N
R
C
S
S
O
I
L
U
N
I
T
3
4
15NRCS SOIL
UNIT 66
Graphic Scale
In Feet: 1" = 100'
0 50 100 200
Title:
NRCS Soil Types
Re
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#
Dwg No.
SH
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5
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Job No.
Drawn by:
Date:
File:
PE:QC:
2023-004.001
TLB
4/26/2023
TLB
WAYNE SHELTON-CIVIL
--
Da
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HI
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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 Setbacks
Re
v
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s
i
o
n
#
Dwg No.
SH
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Job No.
Drawn by:
Date:
File:
PE:QC:
2023-004.001
TLB
4/26/2023
TLB
WAYNE SHELTON-CIVIL
--
Da
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B
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:
2
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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
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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
Disposal of Wastewater Generated from Treatment of Well Water
Page 1
August 3, 2023
Mr. Wayne Shelton
RE: Disposal of Wastewater Generated from Treatment of Well Water
Dear Wayne,
At your request, I am providing information for disposal of wastewater generated by the water
quality treatment systems that will be required to bring well water into acceptable EPA
standards.
Findings: The Shelton Minor Subdivision will use three water wells, one per lot, to meet the
requirements of Article 7-104, Garfield County Land Use Code. These wells have already been
permitted by the Colorado Division of Water Resources and constructed for use.
Well reports indicate iron, manganese, sodium, sulfate and pH are above EPA
recommendations, but with a water quality treatment system these contaminates can be
reduced to levels beneath EPA recommendations. Fontus Air Water Solar has proposed a
treatment plan to bring the well water into acceptable EPA standards. Their proposed treatment
plan will produce wastewater; the volume of wastewater produced will be dependent on the
efficiency of the water quality treatment systems proposed.
A permit condition for use of all three wells is that return flows of water from the wells must be
through an individual wastewater disposal system (IWDS) of the non-evaporative type, where
water is returned to the same stream system the well is located in. Residence structures
constructed on each lot will treat wastewater generated from normal household use with an
Onsite Wastewater Treatment System (OWTS), designed under the criteria outlined in the
County’s Regulation 43. Regulation 43 does not account for the volume of water generated by
other than normal household use. The volume of wastewater generated by a water quality
treatment system would have a negative impact on the soil treatment area of the OWTS
installed on each lot to treat household wastewater. Therefore, water quality treatment systems
should have a separate IWDS.
A separate drywell, or infiltration pit, for treatment of wastewater generated from a water quality
treatment system will not impact the OWTS and will meet the condition of the permitted wells by
returning water from the wells back to the same stream system the wells are located in, through
an IWDS of the non-evaporative type.
Design: Design of a drywell or infiltration pit is based on two main factors:
1. The volume of wastewater generated by the water quality treatment system.
2. The infiltration rate of the soils where the drywell or infiltration pit will be placed.
The volume of wastewater generated by a water quality treatment system should be determined
at the time an OWTS design is being completed. At this time, the size of the residence will be
known, and the design flow for the proposed residence, based on section 43.6 of the County’s
Regulation 43, can be determined. From the OWTS design flow, the volume of wastewater to
be generated from the water quality treatment system can be calculated. The water quality
treatment system can either treat all of the estimated water to be used by the proposed
residence, or treat only the volume of water expected to be used for drinking and cooking. It
should be restated, only water discharging through the fixtures of the proposed residence can
Disposal of Wastewater Generated from Treatment of Well Water
Page 2
be discharged to the residence’s OWTS, wastewater generated from the water quality treatment
system must go to a separate IWDS.
The second major factor to be determined is the infiltration rate of the soil in the area where the
drywell or infiltration pit will be installed. The infiltration rate can be determined by having a
competent technician or professional engineer perform at least 3 percolation tests in the area
where the drywell or infiltration pit will be located. The procedure for performing a percolation
test described in section 43.5.D.4 of the County’s Regulation 43 can be used. Results of the
percolation test will be recorded in minutes per inch.
Determining Required Surface Area for an IWDS: Using the calculated volume of
wastewater along with the infiltration rate from the percolation tests, the required percolation
area for the drywell or infiltration pit can be calculated using a rearranged form of Darcy’s
equation for groundwater flow. The rearranged equation assumes a 24 hour drain time, a
hydraulic gradient of 1.0 and a 50% clogging factor. The rearranged equation is AP =
(VW/K)/43,200, where:
AP = Minimum total side face area required for percolation area, in square feet.
VW = Wastewater generated from the water quality treatment system, in cubic feet.
K = Hydraulic conductivity of the soil, in feet per second. K is calculated from the
infiltration rate determined from the tests by: K = Percolation Rate in
inches/minutes x 1 minute/60 seconds x 1 foot/12 inches. The percolation rate
should have a safety factor of 0.5 applied.
43,200 = 24 hour drain time with 50% clogging factor, in seconds.
Due to the high probability of clogging from sediment accumulation over time, the floor area of
the drywell or infiltration pit cannot be used in calculating the required minimum percolation
area.
Sizing an IWDS: The following steps should be used to size the IWDS.
For a drywell:
o Select a diameter and calculate the area associated with the selected diameter.
o Divide the calculated area into the volume of wastewater generated from the
water quality treatment system. This gives the required depth of the perforated
barrel.
o Check the depth of the selected barrel to ensure the minimum total side face
area is met. If not, use more depth for the perforated section or select a larger
diameter and repeat.
o Diameters should be based on available sizes for prefabricated
concrete/fiberglass/HDPE manholes.
For an infiltration pit:
o Calculate the depth for the infiltration pit by dividing the volume of wastewater
generated by the water quality treatment system by the total side face area.
o Divide the required total side face area, AP, by 0.3. The reason for this step is
based on the generalization that gravels have a 30% void ratio and a 70% solids
ratio, the volume of wastewater is stored in the gravel’s voids.
o Determine the shape for the infiltration system, square, rectangular or circular.
o Determine the dimensions by:
Squares: 2 x W = Revised Area.
Rectangular: 2W x L = Revised Area.
Circular: r2 = Revised Area.
Disposal of Wastewater Generated from Treatment of Well Water
Page 3
o Check the minimum side face area is met:
Multiply the perimeter of the square or rectangular pit by the depth of the
pit x 0.3; Perimeter x depth x 0.3 = AP.
Multiply the circumference of the circular pit by the depth of the pit x 0.3;
Circumference x depth x 0.3 = AP.
If the resulting area is less than the minimum side face area, adjust pit
dimensions.
Recommendations: It is recommended that:
An IWDS be specifically designed and installed on each lot for disposal of wastewater
generated by any water quality treatment system proposed to treat well water for each
lots well.
A competent technician or professional engineer should conduct the percolation testing
in areas where an IWDS is to be installed.
A professional engineer should design or review the design for and IWDS prior to its
installation.
Conclusion: An IWDS, as described above, can and should be used to dispose of wastewater
generated by a water quality treatment system. The types of systems described above will
meet the requirements of the well permits, in addition to having no impact on the soil treatment
area of the OWTS.
Respectfully,
Terry Bendetti, P.E. No. 56930
08/03/2023
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
County Garfield Date
Project ¡¿¡ns 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.379-2070 N
CGS LAND USE REV¡EWS
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 Bill35, 1972). 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 Bill1041, 1974) and C.R.S. 34-1.-301. et seq. (House Bli111529,1973),
respectively.
Local-government agencies submit proposed subdivision applications and supporting
technical reports to the Colorado Geological Survey " ...1or evaluation of those geologic
factors which would have significant impact on the proposed use of the land," in accor-
dance with State statutes. The CGS reviews the submitted documents and serves as a
technical advisor to local-government planning agencies during the planning process.
Since 1"984, the CGS has been required by law to recover the full direct cost of perform-
ing such reviews.
The adequate knowledge of a site's geology is essential for any development project. It
is needed at the start of the project in order to plan, design and construct a safe devel-
opment. Proper planning for geological conditions can help developers and future
owners/users reduce unnecessary maintenance and/ or repair costs.
Illl
14, l2,or 14 /4
Section(s)
Township_
Range
Dec Lat
Dec Long
FEE SCHEDULE
(effective June l, 2009)
Reviews for Counties
SmallSubdivision (> 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 . .
Special Revlews
School Site Reviews
ColoEdo ceologicãl Suruey. 1500 lllinois Slreet, colden, CO 80401 . Ph:303-384-2655. Emaìl: CGS*LtlR@mines.edL¡. Coloradoceologicalsuruey.org
c¡eâled 3116/98, revised 1 1 /2 1 l2Ð1 3
Frequently Asked Questions and Answers
Regarding the GGS Land Use Review Process
77Why øm I requireil to haoe a CGS rcoìeza zahen I abeady hircil
ønil pøíil for my own consultant?
In 1972, Scnatc Bill 35 was passcd stating that any pcrson or
entity subdividing a property into parcels of 35 acres or less on
unincorporated land must submit geologic or geotechnical
relarrts to the Crrunly as ¡rarl of lhe ¡rrelinrinaty pìat application
prúcÈss. Municipalities or public agencies may request that CGS
review a site, although these reviews are not governed by the
statute.
Why is a CGS rcaic¡n ncccssary rahcn I ølready hireil my own
geologist?
The CGS review is an independent third-party review that is done
for the County, similar to the service a building inspector provides
for construction review. The purpose of the CGS review is to
ensure that all geologic concerns have been adequately identified
and addressed in the geologic reports and that the proposed
development is feasible.
Why iloes CGS charge for lønd use reaiezt:s? Doesn't taxpdyer
money pøy for this seroice?
CGS land use reviews are 4q! subsidized through the general
fund, although some other review agencies are supported 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.
Did the CGS geologist møke ø fielil oísit 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
occurrcd sincc thc initial rcvicw, thc siic may bc vísitcd again.
Why ís the CGS rcaiezu lettet so short anil simple? What is my fee
paying for?
The CGS letter is a review of the geologic material submitted and
reflects the level of detail contained in those documents. CGS does
not offer designs, but rather ensures 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
confirmation letter. If more work needs to be done or if difficult
site conditions are present, the letter may be longer.
Whøt type of information ilo I need to submit to CGS for ø lønil
use reaiew?
The more geologic information that is submitted to CGS, the
easier it is for CGS to evaluate the property. The required
documents may vary based on county requirements and the
poiential problems that may impact the proposed development.
A topographic map is essential. Also, intormation regarding
slope, surficial materials, subsurface rnaterials and bedrock,
presence of groundwater añd depth, ând 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
Lre er¡¿ìuale,-l with res¡ect to fhe rìevelnpment ¡r'lan. Also, the
effect of development on geologic condifions shor¡ld be
discussed.'l'he evaluation should include alternatives such as
avoida nce and mitigation techniques.
The subiliztision down the rcad was approued, why wasn't mineT
'lhere could be several reasons: geologic condltlons cän change
over short distances; subdivisions made prior to 1972 were not
required to undergo a CGS review and may have not been
evaluated for geologic suitability at all; the area down the road
may be incorporated as part of a municipality, which cxcmpts it
from the CGS review proccss. Ânothcr considcration is that
geologic reviews are continually evolving and site conditions that
have been judged acceptable in the past may no longer be
considered as such, based on the current understanding of the
gcologic proccrsc¡ and atlvu¡8c ilttpsct6 a66ociated with l'hem.
Why are CGS rez¡iews rcquired eaen on low-ilensity propeúies?
Senate Bill 35 pertains to subdivisions of less than 35 acres.
Geologic hazards can occur on large-scales or small-scales;
relying on low-density subdivision can not rnitigate all geologic
hazards. For instance, entire hillsides might be prone to rockfall
t¡r la¡rdslitle hazards. Large l"racl.s of land may be subject to
groundwater problems.
Why cøn't l just use the soil consensatíon møps for ø geologlc
repott?
'l'he USDA soil conservation maps are a good stârt for geologlc
investigations, but do not contain sufficient detail on the possible
geologic problems that may occur at any site.
Aren't some of your rcuieus cornments beyond the scope of geologic
høzørìls on my sìte?
Technically other agencies have regulatory authoriiy 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, rnention of a situation involving a
major drainage is a flag that the U.S. Army Corps of Engineers or
the Colorado Water Conservation Board should be reviewing
developrnent plans.
When I bought this ptoperty, no one tolil me about any geologic
høzøtils on the site; cøn I go bøck to the preaíous ownets
somehozp?
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 get a zoaioer ltom haaing the CGS ilo a reaiqoT
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 znilling to øccept the risk øssociated zaith ffiy prcperty -
zthtl is it anyone's husíucss nthn.t I ilo znìth my own lanil?
The presumption associated wiih a subdivision is that Portions
of the property will 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 wicle variety of land use
issues as well as geologic suitability in an attempt to provide
information so that tha overall appropriateness of the
subdivision proposal can be evaluated.
2
8
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4
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70
77
6
72
1.3
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. Approximately 200' of the driveway extending from Highway 13, including the
crossing over Government Creek, was constructed in accordance with the plans and specifications
submitted for Grading Permit GRAD-08-21-7080 attached. The remainder of the roadway was
constructed approximately 20' in width and consists of 8"of compacted 1½” road base over C500
Mirafi geotextile membrane. The property is relatively flat and the existing roadway complies with
the Semi-Primitive Design Standards under Section 7-107. A copy of the existing State Highway
Access Permit is attached hereto. Also attached is a Road Maintenance Declaration for the shared
driveway.
WAYNE SHELTON
ACCESS DESIGN
Z&A Project No. 21006
CDOT ACCESS PERMIT #321068
SECTION 9, T7S, R80W
GARFIELD COUNTY, COLORADO
SHEET: 1 OF 6
I hereby declare that these plans for the Wayne Shelton Access Design
Project were prepared under my direct supervision.
RESPONSIBLE DESIGN ENGINEER:
Zancanella & Associates, Inc.
_____________________________ Colo. PE No. 43919
Matthew V. Weisbrod
SHEET INDEX:
COVER SHEET ................................................................................... 1
STANDARD PLAN LIST....................................................................... 2
GENERAL NOTES AND QUANTITIES ............................................... 3
EXISTING CONDITIONS ..................................................................... 4
PROPOSED ACCESS DESIGN............................................................ 5
OVERALL PLANS ................................................................................ 6
PROFILES ............................................................................................ 7
BENCHMARKS:
PROJECT CONTROL POINT
N: 150230.2
E. 149475.8
39.6164° N
107.8168° W
ELEVATION 5902.15' (NAVD 88 DATUM)
ALL ELEVATIONS ARE ON NAVD 88 DATUM
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 .
MP 7.19
CO HWY 13
PROJECT AREA
MP 7
DATE: AUGUST 9, 2021
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BID TAB
Shelton Properties Access Drive Construction Project
Shelton at Government Creek
Date:
Item
No.
Estimated
Quantity Unit Description and Unit Price in Words Engineers Estimate
Unit Price Bid Total
1 1 L.S. Mobilization, including any and all equipment necessary to
complete project, (this item amount can not exceed 5 percent of
total bid), per lump sum.
-$
(Lump Sum Price - Words)
CDOT Driveway
2 1 L.S. Surveying, including construction staking, blue top staking, and as
built survey, per lump sum.
-$
(Lump Sum Price - Words)
3 1 L.S. Compaction testing for road surface and road subgrade smoothness
and density, testing for compaction in fill, frequency per CDOT
-$
(Lump Sum Price - Words)
4 1 L.S. Clearing and Grubbing; includes, removal and disposal of
vegetation, strip vegetation and stockpile, strip topsoil and stockpile,
stockpile in approved area onsite, complete and in place, per square
foot.
-$
(Unit Price - Words)
5 510 C.Y. Import and Placement of Embankment Material; includes hauling,
placement, compaction, compaction testing, grading, and moisture
conditioning, complete in place, per cubic yard.
-$
(Unit Price - Words)
6 50 C.Y. Placement of Base Course Material; includes hauling, placement,
compaction, compaction testing, grading, and moisture conditioning,
complete in place, per cubic yard.
-$
(Unit Price - Words)
Job # 21006
August 9, 2021
Zancanella & Associates, Inc.1 Bid tabs
Shelton Properties Access Drive Construction Project
Shelton at Government Creek
Date:
Item
No.
Estimated
Quantity Unit Description and Unit Price in Words Engineers Estimate
Unit Price Bid Total
Job # 21006
August 9, 2021
7 13.5 Ton Placement of Mat of Hot Mix Asphalt, grading SX, 75; hauling,
placement, compaction, and proof rolling, complete and in place,
per ton.
-$
(Unit Price - Words)
8 33 C.Y. Placement of Topsoil, 6 inch minimum thickness in areas that are to
be landscaped due to disturbance of paving; includes import of
topsoil, export of unsuitable material, placement of topsoil, grading,
cleanup, complete and in place, per cubic yard.
-$
(Unit Price - Words)
9 0.05 AC Placement of Seeding, Fertilizer, and Mulching; includes
procurement of seed, placement of seed per CDOT specifications,
fertilizer, mulching, cleanup, complete and in place, per Acre.
-$
(Unit Price - Words)
8 1 L.S. Install and Remove Stormwater Quality BMP's; installation of bmp's
pre-construction, maintenance of BMP's, BMP management, and
removal of BPM post construction, also includes Stormwater
Management Permit, complete and in place, per lump sum.
-$
(Lump Sum Price - Words)
9 1 L.S. Installation and management of Traffic Control Measures; includes
traffic control plan, flagging, cones, management of traffic control
devices, removal post construction, complete and in place, per lump
sum.
-$
(Lump Sum Price - Words)
L ITEMS, 2 through 9 -$
(Sub-Total Price Words)
Zancanella & Associates, Inc.2 Bid tabs
Shelton Properties Access Drive Construction Project
Shelton at Government Creek
Date:
Item
No.
Estimated
Quantity Unit Description and Unit Price in Words Engineers Estimate
Unit Price Bid Total
Job # 21006
August 9, 2021
Internal Access Road
10 1 L.S. Surveying, including construction staking, and as built survey, per
lump sum.
-$
(Lump Sum Price - Words)
11 1 L.S. Compaction testing for driveway road surface, road subgrade
smoothness and density, culvert placement, testing for compaction
in fill, frequency per CDOT Standards, per lump sum.
-$
(Lump Sum Price - Words)
12 1 L.S. Clearing and Grubbing; includes, removal and disposal of
vegetation, strip vegetation and stockpile, strip topsoil and stockpile,
stockpile in approved area onsite, complete and in place, per square
foot.
-$
(Unit Price - Words)
13 510 C.Y. Import and Placement of Embankment Material; includes hauling,
placement, compaction, compaction testing, grading, and moisture
conditioning, complete in place, per cubic yard.
-$
(Unit Price - Words)
14 40 C.Y. Placement of Base Course Material; includes hauling, placement,
compaction, compaction testing, grading, and moisture conditioning,
complete in place, per cubic yard.
-$
(Unit Price - Words)
15 13.0 Ton Placement of Recycled Asphalt Material; hauling, placement,
compaction, and proof rolling, complete and in place, per ton.
-$
(Unit Price - Words)
Zancanella & Associates, Inc.3 Bid tabs
Shelton Properties Access Drive Construction Project
Shelton at Government Creek
Date:
Item
No.
Estimated
Quantity Unit Description and Unit Price in Words Engineers Estimate
Unit Price Bid Total
Job # 21006
August 9, 2021
16 200 C.Y. Placement of Topsoil, 6 inch minimum thickness in areas that are to
be landscaped due to disturbance of paving; includes import of
topsoil, export of unsuitable material, placement of topsoil, grading,
cleanup, complete and in place, per cubic yard.
-$
(Unit Price - Words)
17 0.25 AC Placement of Seeding, Fertilizer, and Mulching; includes
procurement of seed, placement of seed per CDOT specifications,
fertilizer, mulching, cleanup, complete and in place, per Acre.
-$
(Unit Price - Words)
16 1 L.S. Install and Remove Stormwater Quality BMP's; installation of bmp's
pre-construction, maintenance of BMP's, BMP management, and
removal of BPM post construction, also includes Stormwater
Management Permit, complete and in place, per lump sum.
-$
(Lump Sum Price - Words)
17 1 L.S. Import and Installation of Culvert and Headwalls for Creek
Crossing; included, purchasing, delivery, excavation for placement,
placement, backfill, hear wall procurement, headwall installation,
compaction, testing, complete and in place, per lump sum.
-$
(Lump Sum Price - Words)
ITEMS, 10 through 17 -$
(Sub-Total Price Words)
ITEMS, 1 through 17 -$
(Total Price Words)
Zancanella & Associates, Inc.4 Bid tabs
1
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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. The
existing roadway within said Easement complies with the Semi-Primitive Design Standards under
Section 7-107. 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.