HomeMy WebLinkAbout1.00 General Application Materials
Bauldridge Minor Subdivision Application
Submitted: April 16, 2024
prepared by
(970) 379-1669 | matt@coloradoplanning.com
0165 Basalt Mountain Drive | Carbondale, CO 81623
on behalf of
Diane Bauldridge
0101 Fox Prowl Lane | Carbondale, CO 81623
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TABLE OF CONTENTS
Page
1. Application Cover Letter…………………………………………………………………………………… 3
2. Project Description……………………………………………………………………………………………. 4
3. Legal History of Property to be Subdivided……………………………………………………….. 4
4. General Application Materials (pursuant to Section 4-301(B)(1))……………………….
▪ Applicant and Consultant Information
▪ Application Form
▪ Payment Agreement Form
▪ Proof of Ownership
▪ Names and Addresses of Adjacent Property Owners
▪ Mineral Rights Ownership for the Subject Property
▪ Statement of Authority
▪ Letter of Authorization
6
5. Pre-Application Conference Summary………………………………………………………………. 19
6. Vicinity Map (pursuant to Section 4-203(C))……………………….…………………………….. 26
7. Site Plan (pursuant to Section 4-203(D))…………………..……………………………………….. 27
8. Final Plat (pursuant to Section 5-402(F))……………..……………………..…………………….. 32
9. Water Supply and Distribution Plan (pursuant to Section 4-203(M))………….……… 35
10. Wastewater Management and System Plan (pursuant to Section 4-203(N))…….. 35
11. Access and Traffic Analysis………………………………………………………………………………… 37
12. Compliance with Article 7: Divisions 1, 2, 3, and 4…..………………………………………. 37
13. Compliance with Review Criteria (pursuant to Section 5-203(C))…………….………… 55
14. Waiver Requests (pursuant to Sections 4-118 and 4-202)…………………….…………… 58
15. Preliminary Engineering Reports and Plans (pursuant to Table 5-401)……………… 62
16. Referral to the Colorado Geologic Survey…………………………………………………………. 64
Appendix A | Engineering Report, Existing Well Information & CDOT Access Permits
Appendix B | Title Commitment
Appendix C | Shared Access Agreement
Appendix D | Attachments to Property Legal History & Mineral Rights Research
Appendix E | Other Supplemental Materials
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1. Application Cover Letter
April 16, 2024
Mr. Glenn Hartmann
Garfield County Community Development Department
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Mr. Hartmann:
I am pleased to submit this application for the “Bauldridge Minor Subdivision” on behalf of Diane
Bauldridge.
The property for this application is located in the eastern portion of Garfield County between Highway 82
and the Highway 82 Access Road, about 1.9-miles west of El Jebel and 5.4-miles east of the Town of
Carbondale. It is situated in Section 33, Township 7 South, Range 87 West, of the 6th Principal Meridian,
County of Garfield, State of Colorado. The property is zoned Rural (R) and is in a rural part of Garfield
County. The western portion of the property is developed with a single-family home, a garage, and a barn
and the eastern portion of the property is vacant. The property is neighbored primarily by residential
uses.
Approval of this application will result in the subdivision of an existing ± 7.79 -acre lot (parcel no.
239133300001) into a ± 3.179-acre lot (“Lot 1”), a ± 2.324-acre lot (“Lot 2”), and a ± 2.322-acre lot (“Lot
3”). Lot 1, Lot 2, and Lot 3 will remain zoned Rural (R). Lot 1 is developed with a single-family home, a
garage, and a barn. Lot 2 and Lot 3 are intended for a single-family dwelling unit and an accessory
dwelling unit (ADU) or a secondary dwelling unit (SDU). All three lots have convenient access to/from the
Highway 82 Access Road. There is an existing well (permit no. 106071) on the property that provides
potable water to the existing development on the property. This existing well will continue to be used for
domestic water needs for Lot 1. New wells will be constructed for Lot 2 and Lot 3. Irrigation water will be
available to all three lots to the extent that it is legally and physically available from the Patterson and
Cummins ditch. There is an existing on-site wastewater treatment system (OWTS) that serves the existing
development on the property (i.e., Lot 1). OWTS will be designed for, and constructed on, Lot 2 and Lot 3.
This application conforms to the requirements for a Minor Subdivision (Section 5-301) set forth in the
Garfield County Land Use and Development Code. The proposed development is consistent and
compatible with surrounding land uses and is substantially compliant with Garfield County’s
Comprehensive Plan.
Our team looks forward to reviewing these materials with the county at the earliest convenience. After
the submittal has been deemed complete, please schedule the application for an Administrative Review. If
you have any questions, you may contact me at (970) 379-1669 or matt@coloradoplanning.com.
Sincerely,
Principal | Western Slope Consulting, LLC
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2. Project Description
Diane Bauldridge is the owner of the property to be subdivided (parcel no. 239133300001). The purpose
of this application is to subdivide the subject property into three (3) lots. As demonstrated in this
application, each lot is well-suited for residential uses, specifically the construction of a single-family
home and an ADU or a SDU.
The applicant’s vision for the proposed Minor Subdivision is to keep Lot 1 in its current condition and to
develop Lot 2 and Lot 3 of the Minor Subdivision with one (1) single-family home and potentially one (1)
ADU or SDU, as permitted by Garfield County’s Land Use and Development Code . The applicant’s son,
Noah Bauldridge, is planning to construct a single-family home for himself on Lot 2 or Lot 3. Mr.
Bauldridge may also explore construction of an ADU or an SDU that can be used to help offset the high
cost of living in the Roaring Fork Valley and provide a more affordable housing option for someone
looking to reside here. The lot that Mr. Bauldridge does not build on may be sold. Said lot could be
developed with a single-family home and an ADU or SDU. Development of the subject property with up to
three (3) single-family homes and up to three (3) ADUs or SDUs is very much in keeping with the character
of development in this part of Garfield County.
It is understood that this is the only opportunity to utilize the county’s Minor Subdivision process for the
subject property. While future subdivision of the property is not anticipated at this time, if that were to
occur, it is understood that the county’s Major Subdivision process would apply.
3. Legal History of Property to be Subdivided
Meghan McGregor, with Holland & Hart LLP, prepared the following analysis of the legal history of the
subject property. The attachments to this analysis can be found in Appendix D.
The below deeds show that the property as it exists currently was carved out of a 14.622-acre parcel that
was conveyed in 1969. Old property record cards from the assessor show the legal description from the
vesting deed and a lack of subdivision information. Given the information outlined below, it appears that
the property was legally created. For your reference, three (3) additional deeds, see attached, were
pulled that were not included in the Title Commitment.
1. Vesting Deed: By Warranty Deed dated April 4, 1994, and recorded April 8, 1994, in Book 898, Page
319, Harold Ray Sayre and Freda Elizabeth Sayre conveyed unto Bruce Bauldridge and Diane E.
Bauldridge, as JTWROS, a parcel of land described as a tract in Lot 7 and Lot 18, Section 33, Township
& South, Range 87 West and more particularly described by metes and bounds; same description as
conveyance #2 herein (Bruce DOD: June 1, 2012).
2. By Warranty Deed dated April 19, 1974, and recorded April 22, 1974, in Book 458, Page 313, Martha E.
Moffett conveyed unto Charles E. Hiddema and Susan Hiddema, a parcel of land described as a tract in
Lot 7 and Lot 18, Section 33, Township & South, Range 87 West and more particularly described by
metes and bounds. The legal description EXCEPTS the legal description contained in the Vesting Deed.
3. By Warranty Deed dated August 10, 1972, and recorded August 10, 1972, in Book 434, Page 132,
Martha E. Moffett conveyed unto Harold Ray Sayre and Freda Elizabeth Sayre, a parcel of land
described as a tract in Lot 7 and Lot 18, Section 33, Township & South, Range 87 West and more
particularly described by metes and bounds. The legal description IS THE SAME as the Vesting Deed.
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4. By Deed date October 27, 1969, recorded October 30, 1969, in Book 405, Page 396, Margaret C. Smith
conveyed unto Martha E. Moffett a parcel of land described as a tract in Lot 7 and Lot 18, Section 33,
Township & South, Range 87 West and more particularly described by metes and bounds, containing
14.622 acres, and is the parent tract to the parcels described in items #2 and #3.
5. Property cards from the Garfield County Assessor, show the parcel with the same legal description as
in #1.
It is important to note that neither of the property cards list a subdivision which indicate that the
property has not been subdivided.
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4. General Application Materials (pursuant to Section 4-301(B)(1))
Applicant and Consultant Information
Property Owner/Applicant
Diane Bauldridge
0101 Fox Prowl Lane
Carbondale, Colorado 81623
(970) 618-5127 | noahbauldridge@gmail.com
Planner/Authorized
Representative
Matt Farrar | Western Slope Consulting, LLC
0165 Basalt Mountain Drive
Carbondale, Colorado 81623
(970) 379-1669 | matt@coloradplanning.com
Project Land Surveyor
& Engineer
Sopris Engineering LLC
502 Main Street, Suite A3
Carbondale CO 81623
(970) 704-0311 | sopriseng@sopriseng.com
Project Attorney Kevin Giles | Holland & Hart LLP
600 East Main Street, Suite 104
Aspen, Colorado 81611
(970) 429-6881 | kpgiles@hollandhart.com
Note
The use of the term “Section” or “Subsection” in this application is in reference to applicable Section or
Subsection of the Garfield County Land Use and Development Code.
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Application Form
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9
Payment Agreement Form
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Proof of Ownership
The property is owned by Diane Bauldridge. Proof of ownership is evidenced by a Warranty Deed
recorded with the office of the Garfield County Clerk and Recorder on April 8, 1994 (reception no:
461526). A copy of the Warranty Deed is found on the following pages.
The property was co-owned by Bruce and Diane Bauldridge up until Bruce’s passing in 2012. Diane then
became the sole owner of the property.
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List of Adjacent Property Owners
The records of the Garfield County Assessor identify the following owners of record for properties within
200-feet of the subject property. This information is current as of March 29, 2024.
Table 1. Owners of Record within 200-feet of the Subject Property
Parcel
Number
Account
Number
Owner Mailing Address Physical Address
1 239132100044 R111611 JOHN RICHARDS III 45 EAGLES NEST COURT
CARBONDALE, CO 81623
17408 HIGHWAY 82
CARBONDALE, CO
2 239132400021 R011299 COLLIN ARNOLD &
JEFFREY MCCOLLUM
17377 HIGHWAY 82
CARBONDALE, CO 81623
17377 HIGHWAY 82
CARBONDALE, CO
3 239132400022 R011505 WESLEY & ASHLEY
WORTHINGTON
17395 HIGHWAY 82
CARBONDALE, CO 81623
17395 HIGHWAY 82
CARBONDALE, CO
4 239133204014 R008048 ALEXANDER KALLAS
PO BOX 5364
SNOWMASS VILLAGE, CO
81615
371 LARKSPUR DR
CARBONDALE, CO
5 239133204015 R008049 SES MANAGEMENT, INC 9885 TANNER ROAD
HOUSTON, TX 77041
389 LARKSPUR DR
CARBONDALE, CO
6 239133204016 R008050 JIREH HOLDINGS LLC
6661 SOUTH EVANSTON
CIRCLE
TULSA, OK 74136
401 LARKSPUR DR
CARBONDALE, CO
7 239133204017 R008051 STEPHEN CONNOR &
JOY KATZMARK
449 LARKSPUR DRIVE
CARBONDALE, CO 81623
449 LARKSPUR DR
CARBONDALE, CO
8 239133204026 R008060 DIANE ALONSO 259 BLUE STEM COURT
CARBONDALE, CO 81623
259 BLUE STEM COURT
CARBONDALE, CO
9 239133300002 R011451 OLD YARD LLC PO BOX 1799
CARBONDALE, CO 81623
17694 HIGHWAY 82
CARBONDALE, CO
10 239133300006 R011067 SPENCER & STEPHANIE
EISEMAN
17411 HIGHWAY 82
CARBONDALE, CO 81623
17411 HIGHWAY 82
CARBONDALE, CO
11 239133300007 R011327 CHRISTINE LESTER 65 FAVRE LANE
EL JEBEL, CO 81623
17451 HIGHWAY 82
CARBONDALE, CO
12 239133300008 R011191 JOSEPH & GERRY
ZAMORA
PO BOX 754
CARBONDALE, CO 81623
17453 HIGHWAY 82
CARBONDALE, CO
13 239133300009 R011461 CHRISTINA DAVIS
601 E HOPKINS
3RD FLOOR
ASPEN, CO 81611
17499 HIGHWAY 82
CARBONDALE, CO
14 239133300011 R110242 JANICE GESSELE TRUST 17607 HIGHWAY 82
CARBONDALE, CO 81623
17607 HIGHWAY 82
CARBONDALE, CO
15 239133300012 R011482
MICHAEL ROSENBERG -
TRUSTEE OMNI
UNIVERSAL TRUST
12/21/94
17665 HIGHWAY 82
CARBONDALE, CO 81623
17665 HIGHWAY 82
CARBONDALE, CO
16 239133300016 R110243 ANNA EDGERLY 17527 HIGHWAY 82
CARBONDALE, CO 81623
17527 HIGHWAY 82
CARBONDALE, CO
17 239133300031 R111613 CHERYL HOWARD &
ROBERT RUST
17696 HIGHWAY 82
CARBONDALE, CO 81623
17696 HIGHWAY 82
CARBONDALE, CO
18 239133300034 R112067 KATHLEEN & JAMES
CLAUSEN
17603 HIGHWAY 82
CARBONDALE, CO 81623
17603 HIGHWAY 82
CARBONDALE, CO
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Mineral Rights Ownership for the Subject Property
Noah Bauldridge performed a review of Garfield County’s records to determine who might own the
mineral estate underlying the subject property (parcel no. 239133300001). A summary of Mr.
Bauldridge’s research is provided below. It is Mr. Bauldridge’s belief that: 1) ½ of the mineral rights were
retained by Vera and Rudolph Herin from the 1950 transaction; and 2) the other ½ of the mineral rights
were retained by Freda and Harold Sayre from the 1972 transaction. Garfield County did not have any
record of a mailing address or other contact information for Vera and Rudolph Herin, Freda and Harold
Sayre, or their next of kin. It is assumed that all are deceased.
Table 2. Mineral Rights Ownership for the Subject Property
Owner Mailing Address
1 Vera and Rudolph Herin No contact information
in county records.
2 Freda and Harold Sayre No contact information
in county records.
Below is a summary of Mr. Bauldridge’s research into mineral rights ownership for the subject property:
May 1895 | John Cummings purchased the land from US General Land Office.
▪ Purchase includes mineral and water rights.
▪ Document #18378 (refer to Appendix D).
1895 to 1950 | Information missing from Garfield County’s records.
November 1950 | Vera and Rudolph Herin sold property to Agnes and Charles Farris.
▪ Documents state that the property was transferred to Agnes and Charles Farris, but ½ of the mineral
rights were retained by Vera and Rudolph Herin.
▪ It’s unclear as to what happened with the other ½ of the mineral rights between 1895 and 1950.
▪ Book 255 Page 148, Deed: Includes property description and mineral right exemption from sale (refer
to Appendix D).
▪ Book 255 Page 154, 155, 156, Indenture: Includes property description and mineral right exemption
from sale (refer to Appendix D).
▪ The property is transferred several more times without mentioning mineral rights.
▪ Agnes and Charles Farris 1950 -> Briece Arlian 1963 -> Margaret Smith 1970-> Martha Moffett 1972
August 1972 | Martha E Moffett sold property to Freda and Harold Sayre.
▪ Records state ½ of mineral rights were transferred to Sayre during the sale of the property.
▪ Book 434 page 132 and 133 (refer to Appendix D).
April 1994 | Freda and Harold Sayre sold property to Diane and Bruce Bauldridge.
▪ Records state property was transferred to Diane and Bruce Bauldridge without mineral rights.
▪ Bauldridge current deed, Book 898 Page 319, 320, unknown page (refer to Appendix D).
▪ Transfer Declaration, not on public record (refer to Appendix D).
To further investigate, Mr. Bauldridge visited the Garfield County Assessor’s office and inquired about any
active mineral right leases in the area. Below is as summary of his findings:
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▪ Only one (1) lease on record in that area for the last 20 years. Lease no. R111375.
▪ Lease not for the subject property. The lease was for a property (parcel no. 801101607000) a few
miles north. The lease became inactive in 2010 with no further payments or activity since.
▪ There are no active leases, in the area surrounding the subject property, currently on file with the
county.
▪ There is no record of there ever being an active lease on the subject property.
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Letter of Authorization
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5. Pre-Application Conference Summary
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24
25
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6. Vicinity Map (pursuant to Section 4-203(C))
The property for this application is located in the eastern portion of Garfield County between Highway 82
and the Highway 82 Access Road, about 1.9-miles west of El Jebel and 5.4-miles east of the Town of
Carbondale.
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7. Site Plan (pursuant to Section 4-203(D))
The Site Plan and Utility Plan, prepared by Sopris Engineering LLC for the proposed subdivision, is included
on the following pages. In accordance with Section 4-203(D), the Site Plan and Utility Plan include the
following information, as applicable:
1. A legal description for the subject parcel.
2. Survey information for the subject property.
3. Existing site topography.
4. Significant on-site features.
5. Existing roads, irrigation ditches, fences, and utility lines on, or adjacent to, the subject property.
6. Information regarding existing easements and rights-of-way on, or adjacent to, the subject property.
7. Area of the proposed lots.
8. Zoning of the subject property and required setbacks.
9. Location, dimensions, and total square feet of existing structures.
10. Location and size of leach field, sewer service lines, and treatment facilities to serve the proposed
use.
11. The source and capacity of the water supply, including location and size of well(s) and/or water lines
to serve the proposed use.
12. The location and dimensions of the proposed roads and utility lines on, or adjacent to, the subject
property.
13. Users and grantees of all proposed easements and on, or adjacent to, the parcel, shown by location
and dimension.
The other required elements of a Site Plan, pursuant to Section 4-203(D), are not applicable to the
proposed subdivision and are not included on the enclosed Site Plan. A list of those elements and
explanation for why they are not included is offered below:
1. Proposed site topography. No changes to the site’s topography are proposed with this application.
2. Proposed parking areas, emergency turnouts, and emergency turnarounds, sidewalks, and paths,
shown by location and dimension. None of these improvements are proposed as part of this
application.
3. Proposed railroad tracks, irrigation ditches, and fences on, or adjacent to, the parcel, shown by
location and dimension. None of these improvements are proposed on, or adjacent to, the property
as part of this application.
4. Elevation drawings showing existing grade, finished grade, and height of the proposed structures
above existing grade. No structures are being proposed with this application.
5. Location and size of signs for the purpose of identification, advertising, and traffic control. No signage
is proposed as part of this application.
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8"x16'
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7"x14'15"x30'
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210.87'
16.0
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R20.0
MM 17.23: PROPOSED SHARED
ACCESS PERMIT REQUEST
16.0
363.4
411.4
APPROXIMATELY 125.6' TO HIGHWAY CENTER
10.0' SETBACK
50.0' SETBACK
10.0' SETBACK
10.0' SETBACK
50.0' SETBACK
10.0' SETBACK
10.0' SETBACK
10.0' SETBACK
50.0' SETBACK
13.2
4.0
EXISTING WELL SERVES EXISTING RESIDENCE
PERMIT NUMBER# 106071
26.0
PROPOSED SHARED ACCESS TO THE FRONTAGE ROAD
PROPOSED 4' ASPHALT SHOULDER
PROPOSED 26' WIDE ACCESS & UTILITY EASEMENT
EXISTING SWALES
RICHARDS, JOHN
239132100044
2.01 ACRES
OLD YARD LLC
239133300002
2.10 ACRES
JANICE GESSELE TRUST
239133300011
4.18 ACRESCLAUSEN, KATHLEEN & JAMES
23913330034
2.00 ACRES
ANNA EDGERLY
239133300016
4.75 ACRESCHRISTINA, DAVIS
239133300009
4.68 ACRES
GERRY & JOSEPH, ZAMORA
239133300008
10 ACRESLESTER, CHRISTINE
23913330007
1.28 ACRESEISEMAN, SPENCER &
STEPHANIE
239133300006
0.36 ACRES
INSTALL A CULVERT ACROSS THE PATTERSON AND
CUMMINS DITCH FOR THE ACCESS EASEMENT
UTILITY POLE (TYP)
W/ELEC. METERS (2)
TELE
PEDESTAL
TELEPEDESTAL
FOUND NO.5 REBAR AND
1.25" RED PLASTIC CAP LS
33638 (TSS)0.2' ABOVE GROUND
FOUND 1.25" RED PLASTIC CAP LS
33638 (TSS)
IN TOP OF 6" FENCE POST
FOUND CDOT REFERENCE
MARKER 1.25" SHINER IN
FENCE POST
FOUND NO.5 REBAR AND1.25" ALUMINUM CAP LS10732
2" ABOVE GROUND
PROPANE TANK
SEPTIC LIDSCLEANOUT
ELECTRIC SERVICE
LIMIT OF DENSE
VEGETATION (TYP.)
MAILBOX
17450 COLORADO STATE HWY. 82
HIGHWAY 82 ACCESS ROAD (FRONTAGE ROAD)
HIGHWAY 82
EXISTING RESIDENCE
1125 S.F.
EXISTING GARAGE757 S.F.
EXISTING GARAGE/BARN AND ADU
4614 S.F.
EXISTING GRAVEL DRIVEWAY
& STORAGE PARKING26049 S.F.
PROPOSED LOT 1
LOT AREA = 3.18 ACRES
PROPOSED LOT 2
LOT AREA = 2.32 ACRES
PROPERTY/ROW
L
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PROPERTY/ROW LINE
PROPOSED LOT 3LOT AREA = 2.32 ACRES
EXISTING GARFIELD COUNTY PARCEL NUMBER
239133300001
7.79 ACRES
25.0' SETBACK
PROPOSED 26' WIDE ACCESS & UTILITY EASEMENT
STBK STBK STBK STBK STBK STBK STBK STBK STBK STBK STBK STBK STBK STBK STBK
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PROPOSED 10' WIDE PUBLIC UTILITY EASEMENT
EXISTING 16' WIDE EASEMENT
TO MOUNTAIN STATES T&T
25.0' SETBACK
10.0
EXISTING PERMIT FOR MM 17.13:
IF NO PERMIT EXISTS,
APPLICATION IS ATTACHED
EXISTING ACCESS FOR 17450 HIGHWAY 82 ACCESS ROAD
CENTERLINE 8.0' ROW EASEMENT
GRANTED TO MOUNTAIN STATES
T&T PER REC #266309 (BK469
PG140)
EXISTING DOMESTIC WELL
EXISTING CATV PEDESTAL
33134.01JOB NO.
DATE:04-11-24
DESIGNED BY
DRAWN BY
CHECKED BY
WJB 04/11/24
WJB 04/11/24
DATE REVISION
C-1.0
DRAWING NO.
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( IN FEET )
GRAPHIC SCALE
040 40 80
40
16020
MEMBER UTILITIESFOR THE MARKING OF UNDERGROUNDBEFORE YOU DIG, GRADE, OR EXCAVATECALL 2-BUSINESS DAYS IN ADVANCE
Know what's below.before you dig.Call
R
EXISTING GUY WIRE
EXISTING POWER POLE
EXISTING ELECTRIC METER
EXISTING TELEPHONE PEDESTAL
EXISTING CONTOUR
EXISTING CONTOUR INTERVAL7900
EXISTING WIRE FENCEx
EXISTING TELEPHONE
EXISTING UNDERGROUND ELECTRIC
XUT XUT
XEL XEL
EXISTING OVERHEAD ELECTRICOELOEL
EXISTING SWALE OR DITCH>>>>
EXISTING LEGEND
EXISTING GRAVEL PAVEMENT
PROPOSED SETBACKSSTBK
PROPOSED LEGEND
PROPOSED GRAVEL
PROPOSED LOT LINES
SHEET INDEX:
C1. - SITE COVER PLAN
C2. - UTILITY PLAN
N.T.S.
GRAVEL DRIVE SECTION DETAIL
STRIP ALL TOPSOIL, SCARIFY AND RECOMPACTTHE NATIVE SOIL A MINIMUM OF 8" DEPTH TO95% STANDARD PROCTOR.
6" GRAVEL CLASS-6 BASECOMPACTED TO 95% STANDARD PROCTOR.
8' MIN PITRUN CLASS 3COMPACT TO 95% STANDARDPROCTOR
VARIABLE %
ASPHALT PAVEMENT
ASPHALT PAVEMENT
1. THE EXISTING CONDITIONS ARE FROM AN UPDATED FIELD SURVEY OF TOPOGRAPHY AND
SURFACE IMPROVEMENTS PERFORMED BY SOPRIS ENGINEERING, LLC (SE). THE EXISTING UTILITY
LOCATIONS ARE APPROXIMATE FROM UTILITY MAPPING, AND FROM THE SE FIELD SURVEY OF
SURFACE UTILITIES.
2. ALL GEOTECHNICAL ENGINEERING RECOMMENDATIONS SHALL BE ADHERED TO.
3. SUBJECT PARCEL MUST ADHERE TO GARFIELD COUNTY RURAL (R) ZONING REQUIREMENTS
SITE NOTES:LEGAL DESCRIPTION
SECTION: 33 TOWNSHIP: 7 RANGE: 87 TR IN LOTS 7 & 13 7.79 ACRES
PROPERTY DESCRIPTION
A TRACT IN LOT 7 AND LOT 13, SECTION 33, TOWNSHIP 7 SOUTH, RANGE 87 WEST
OF THE SIXTH PRINCIPAL MERIDIAN DESCRIBED AS BEGINNING AT A POINT IN THE
EXISTING NORTHERLY RIGHT OF WAY FENCE LINE OF STATE HWY. NO. 82 WHENCE
THE SOUTHEAST CORNER OF SECTION 33, TOWNSHIP 7 SOUTH, RANGE 87 WEST
OF THE 6TH P.M. BEARS S. 62 DEGREES 35'16" E. A DISTANCE OF 4.948.19 FEET;
THENCE N. 72 DEGREES 10' 02" W. A DISTANCE OF 944.115 FEET ALONG SAID
NORTHERLY RIGHT OF WAY FENCE LINE, THENCE N. 17 DEGREES 49' E. A DISTANCE
OF 285.22 FEET TO THE EXISTING FENCE LINE, THENCE S. 82 DEGREES 37'15" E. A
DSITANCE OF 452.66 FEET TO THE POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
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9"x18'
8"x16'
20"x40'
7"x14'15"x30'
10"x20'
9"x14'
10"x20'
6"x12'
7"x14'
8"x16'
4-6"x12'
20"x40'
20"x40'
22"x40'
20"x40'
22"x40'
9"x18'
6"x12'
7"x14'
7"x14'
7"x14'
9"x18'
210.87'
TV
TV
TV
TV
TV
TV
EXISTING WELL SERVES EXISTING RESIDENCE
PERMIT NUMBER# 106071
EXISTING LUMEN PHONE PEDESTAL
EXISTING COMCAST CABLE PEDESTAL
EXISTING SWALES
E
TEL TEL TEL
TE
L
TE
L
TE
L
TE
L
TE
L
TE
L
E
ELECTRIC, CABLE AND TELEPHONE TIE IN
600 L.F. ELECTRIC TRENCH
CONFIRM DESIGN W/ UTILITY COMPANIES
TIE TELEPHONE AND CABLE INTO THE SAME TRENCH
CONFIRM DESIGN W/ UTILITY COMPANIES
APPROXIMATE WELL LOCATION
INSTALL A CULVERT ACROSS THE PATTERSON ANDCUMMINS DITCH FOR THE ACCESS EASEMENTUE
UE UE UE UE UE UE UE UE UE UE UE
UE
UE
UE
APPROXIMATE WELL LOCATION
50.0
HIGHWAY 82 ACCESS ROAD (FRONTAGE ROAD)
HIGHWAY 82
EXISTING RESIDENCE
1125 S.F.
EXISTING GARAGE757 S.F.
EXISTING GARAGE/BARN AND ADU
4614 S.F.
EXISTING GRAVEL DRIVEWAY
& STORAGE PARKING26049 S.F.
PROPOSED LOT 1
LOT AREA = 3.18 ACRES
PROPOSED LOT 2
LOT AREA = 2.32 ACRES
PROPERTY/ROW
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PROPERTY/ROW LINE
PROPOSED LOT 3LOT AREA = 2.32 ACRES
EXISTING SWALES TO BEREMOVED TO MAKE ROOM FOR
OWTS AND STRUCTURES
OWTS CONCEPT SHOWN IS FORA TOTAL OF FIVE BEDROOMS,FOR A PROPOSED PRIMARY
RESISDENCE PLUS AN ADU.
FINAL DESIGN WILL BEPROVIDED FOR PERMITSUBMITTAL
PROPOSED PAD MOUNTED
TRANSFORMER FOR LOT 2 & 3.
STBK STBK STBK STBK STBK STBK STBK STBK STBK STBK STBK STBK STBK STBK STBK
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STBK
STBK
STBK
STBK
STBK
STBK
STBK
STBK
STBK
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PROPOSED PAD MOUNTED TRANSFORMER
TO REPLACE THE OVERHEAD TRANSFORMER SERVICE FOR LOT 1
EXISTING ACCESS FOR 17450 HIGHWAY 82 ACCESS ROAD
EXISTING GUY WIRE
EXISTING POWER POLE
EXISTING ELECTRIC METER
EXISTING TELEPHONE PEDESTAL
EXISTING CONTOUR
EXISTING CONTOUR INTERVAL7900
EXISTING WIRE FENCEx
EXISTING TELEPHONE
EXISTING UNDERGROUND ELECTRIC
XUT XUT
XEL XEL
EXISTING OVERHEAD ELECTRICOELOEL
EXISTING SWALE OR DITCH>>>>
EXISTING LEGEND
EXISTING GRAVEL PAVEMENT
PROPOSED SETBACKSSTBK
PROPOSED LEGEND
PROPOSED GRAVEL
PROPOSED LOT LINES
PROPOSED ELECTRIC TRANSFORMER
PROPOSED GAS
PROPOSED TELEPHONE
GAS
PROPOSED UNDERGROUND ELECTRIC
PROPOSED CABLE
TEL TEL
UE
TV TV
EXISTING DOMESTIC WELL
EXISTING CATV PEDESTAL
33134.01JOB NO.
DATE:04-11-24
DESIGNED BY
DRAWN BY
CHECKED BY
WJB 04/11/24
WJB 04/11/24
DATE REVISION
C-3.0
DRAWING NO.
TITLE
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1 inch = ft.
( IN FEET )
GRAPHIC SCALE
040 40 80
40
16020
MEMBER UTILITIESFOR THE MARKING OF UNDERGROUNDBEFORE YOU DIG, GRADE, OR EXCAVATECALL 2-BUSINESS DAYS IN ADVANCE
Know what's below.before you dig.Call
R
ASPHALT PAVEMENT
ASPHALT PAVEMENT
1. THE EXISTING CONDITIONS ARE FROM AN UPDATED FIELD SURVEY OF TOPOGRAPHY AND
SURFACE IMPROVEMENTS PERFORMED BY SOPRIS ENGINEERING, LLC (SE). THE EXISTING
UTILITY LOCATIONS ARE APPROXIMATE FROM THE SOPRIS ENGINEERING SURVEY, UTILITY
MAPPING, AND FROM THE SE FIELD SURVEY OF SURFACE UTILITIES.
2. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO CONTACT ALL UTILITY COMPANIES FOR
FIELD LOCATIONS OF UTILITIES PRIOR TO CONSTRUCTION.
3. ALL UTILITIES, BOTH UNDERGROUND AND OVERHEAD, SHALL BE MAINTAINED IN
CONTINUOUS SERVICE THROUGHOUT THE ENTIRE CONSTRUCTION PERIOD. THE
CONTRACTOR SHALL BE RESPONSIBLE AND LIABLE FOR ANY DAMAGES TO, OR
INTERRUPTION OF, SERVICES CAUSED BY THE CONSTRUCTION.
4. THE CONTRACTOR SHALL CONTAIN HIS CONSTRUCTION OPERATIONS TO WITHIN THE SITE
BOUNDARIES AND/OR UTILITY/ACCESS EASEMENTS. THE CONTRACTOR SHALL NOT
OPERATE OUTSIDE THIS AREA WITHOUT THE PRIOR EXPRESSED CONSENT OF THE OWNER
OR PUBLIC UTILITY REPRESENTATIVES.
UTILITY NOTES:
R100.0
R100.0
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View of Property Looking North
View of Property Looking South
31
View of Property Looking East
View of Property Looking West
32
8. Final Plat (pursuant to Section 5-402(F))
The Final Plat for the proposed Minor Subdivision is included on the following pages. The Final Plat has
been prepared by Sopris Engineering LLC in accordance with Section 5-402(F).
(BASIS
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8.0'
CENTERLINE 16.0' ROW
EASEMENT GRANTED TO
MOUNTAIN STATES T&T PER
REC #266309 (BK469 PG140)
PARCEL NO. 239133300001
BAULDRIDGE PROPERTY
PER VESTING DEED
338,997 sq.ft.±
7.782 acres±
PER THIS SURVEY
340,819 sq.ft.±
7.824 acres±
PARCEL NO. 239132100044
JOHN B. RICHARDS, IIIPER REC. #465930
PARCEL NO. 239133300002
OLD YARD LLC
PER REC. #446891
COLORADO STATE HI
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CDOT RIGHT OF WAY
PARCEL 120 AND 120ARREC. #449506
946.67'
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80.00' WIDE RIGHT-OF-WAYREC. #125078
DEED LINE
FENCE LINE
(MEASURED PER
THIS SURVEY)
2.51'
EXISTING WIRE FENCEDEED LINE CALLSALONG FENCE
DEED LINE
(CALLS TO FENCE)
FENCE LINE
(MEASURED PER THIS
SURVEY)
1.91'
FENCE LINE
(MEASURED PER
THIS SURVEY)
TELE
PEDESTAL
FOUND NO.5 REBAR AND1.25" RED PLASTIC CAP LS
33638 (TSS)
0.2' ABOVE GROUND
FOUND 1.25" RED PLASTIC CAP
LS 33638 (TSS)
IN TOP OF 6" FENCE POST
FOUND CDOT REFERENCE
MARKER 1.25" SHINER IN
FENCE POSTFOUND CDOTRIGHT-OF-WAY
MONUMENT IN
CONCRETE POST
FOUND E14 SECTION 32/333.5" ALUMINUM CAP 1997CDOT
FOUND
60d NAIL
IN FENCECORNER
POINT OF BEGINNING
FOUND NO.5 REBAR AND 1.25"
ALUMINUM CAP LS 107322" ABOVE GROUND
32.49'
(TIE
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FENCE LINE
(PER THIS SURVEY)
2
8
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CENTERLINE 16.0' ROW
EASEMENT GRANTED TO
MOUNTAIN STATES T&T PER
REC #269098 (BK478 PG223)
EDGE OF ASPHALT (T
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P
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EDGE O
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FOUND CDOT RIGHT-OF-WAY
MONUMENT ALUMINUM CAP INCONCRETE POST
FOUND NO.5 REBAR AND
1.25" YELLOW PLASTIC CAP LS19598
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
CERTIFICATION SHOWN HEREON.33134.01 4/10/2024 CL G:\2023\33134 BAULDRIDGE\SURVEY\SURVEY DWGS\SURVEY PLOTS\33134_PLAT2024\33134_PLAT1.DWG
VICINITY MAP
SCALE: 1"=2000'
SURVEY NOTES
1. DATE OF FIELD WORK: SEPTEMBER AND OCTOBER 2023
2. DATE OF PREPARATION: JANUARY-APRIL 2024
3. BASIS OF BEARINGS: A RECORD BEARING OF N.72°10'02"W. ALONG THE SOUTHERLY BOUNDARY LINE OF SUBJECT
PROPERTY BETWEEN THE SOUTHEAST CORNER AND THE SOUTHWEST CORNER. SAID LINE ALSO BEING THE
NORTHERLY RIGHT-OF-WAY LINE OF HWY 82 (FRONTAGE ROAD), PER FOUND MONUMENTS AS SHOWN HEREON.
4. BASIS OF SURVEY: THE 1890 COLORADO SURVEYOR GENERAL CLAIMS PLAT FOR SECTIONS 31, 32 AND 33 OF T7S
R87W, 6TH PM; THE 1927 SUPPLEMENTAL PLAT FOR SECTIONS 1,2,3,4,9,10,11 AND 12, INDEPENDENT RESURVEY
OF T8S R87W, 6TH PM (CORNERS SET IN 1924); THE 1931 US GENERAL LAND OFFICE INDEPENDENT RESURVEY
PLAT OF T7S R87W, 6TH PM; THE COLORADO STATE HIGHWAY DEPARTMENT W.P.S.S. PROJECT 306-C RIGHT OF
WAY MAP NO. 7, RECORDED SEPTEMBER 5, 1936 AS RECEPTION NO. 125078 ; THE COLORADO DEPARTMENT OF
TRANSPORTATION 1993 RIGHT OF WAY MAPPING FOR PROJECT NO. CX(FC) 24-0082-26 SHEET 18 OF 20; THE
COLORADO DEPARTMENT OF TRANSPORTATION 1993 SPECIAL WARRANTY DEED RECORDED JULY 6, 1993 IN
BOOK 867 AT PAGE 941, AS RECEPTION NO. 449506
5. THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SOPRIS ENGINEERING, LLC (SE) TO DETERMINE
OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL INFORMATION REGARDING EASEMENTS, RIGHT-OF-WAY
AND/OR TITLE OF RECORD SOPRIS ENGINEERING RELIED UPON THE ITEMS LISTED IN NOTE 4 AND THE TITLE
COMMITMENT PROVIDED BY THE OWNER, TITLE COMMITMENT PREPARED BY LAND TITLE ROARING FORK
VALLEY TITLE TEAM UNDER ORDER NO. BAR64006642, EFFECTIVE DATE AUGUST 11, 2023.
6. 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.
7. ALL REFERENCES TO RECORDED DOCUMENTS AND PLATS INDICATED HEREIN REFER TO THE RECORDS OF THE
GARFIELD COUNTY CLERK AND RECORDER.
8. SUBJECT PROPERTY BOUNDARY IS TIED TO THE CORNER OF SECTIONS 33-34 T7S R87W AND WITNESS CORNER TO
SECTIONS 4-3 T8S R87W. THE ACTUAL MONUMENT IS BURIED UNDERNEATH WINTER FIREWOOD STOCKPILE. IT
IS SHOWN HEREON AS CALCULATED FROM FIELD POSITIONS DESCRIBED IN SEVERAL SURVEY MONUMENT
RECORDS ON FILE DATED FROM 1973-1997.
9. BOUNDARY NOTES: (A) THE SOUTHERLY BOUNDARY LINE OF SUBJECT PROPERTY IS DESCRIBED IN THE VESTING
DEED AS THE "NORTHERLY RIGHT OF WAY FENCE" OF STATE HIGHWAY NO. 82 (NOW KNOWN AS THE ACCESS
ROAD), THE BOUNDARY OF WHICH HAS BEEN MONUMENTED BY THE COLORADO DEPARTMENT OF
TRANSPORTATION (CDOT), MONUMENTS AS SHOWN. THE FENCE ALONG THIS BOUNDARY IS IN A STATE OF POOR
PRESERVATION: FENCE POSTS ARE DETERIORATING, FALLING AND ARE MISSING WIRE IN PLACES. NEVERTHELESS,
THE FENCE LOCATION IS CONSISTENT WITH THE FOUND CDOT MONUMENTS;
(B) THE WESTERLY BOUNDARY LINE METES AND BOUNDS CALL IS CONSISTENT WITH THE LOCATION OF SURVEY
MONUMENTS AND FENCES FOUND IN THE LOCATIONS SHOWN, THE CALL IS IDENTICAL TO THE ADJOINER DEED
CALL ALONG A "CROSS FENCE";
(C) THE NORTHERLY BOUNDARY LINE CALLS ALONG A FENCE LINE LOCATED IN PLACE BY THIS SURVEY AS SHOWN,
THE HIGHWAY 82 ACQUISITION DEED CALLS ALONG THE NORTHERLY BOUNDARY LINE OF SUBJECT PROPERTY;
(D) THE EASTERLY BOUNDARY LINE METES AND BOUNDS CALL IS CONSISTENT WITH THE LOCATION OF AN
EXISTING FENCE AND THE ADJOINER DEED (SAME RECORD BEARING). THE DISTANCE HAS BEEN CALCULATED FOR
CLOSURE.
(E) ACCORDING TO THE OWNER, ALL THE EXISTING FENCES SHOWN HEREON WERE IN PLACE AT THE TIME THEY
TOOK POSSESSION OF SUBJECT PROPERTY, EXCEPT WHERE ADJOINING PROPERTY OWNERS TO THE EAST AND
WEST HAVE MORE RECENTLY REPLACED SECTIONS (AS SHOWN) IN PLACE.
10. TITLE NOTES: (A) THAT ROW DEED RECORDED 1961 AS RECEPTION NO. 215444 IN BOOK 337 AT PAGE 241 AND
THAT SPECIAL USE PERMIT RECORDED AND CORRECTED 2014 AS RECEPTION NO. 856505, REFER TO A ROCKY
MOUNTAIN NATURAL GAS PIPELINE EASEMENT IN S33, L7, 8, 11, AND 13; IT IS NOT SPECIFICALLY DESCRIBED.
UNDERGROUND LOCATES IN THE AREA OF THE EXISTING RESIDENCE DID NOT RESULT IN A GAS PIPELINE BEING
LOCATED. THE EXISTING RESIDENCE IS SERVED BY PROPANE.
(B) THAT SPECIAL DISTRICT MAP OF MID VALLEY METROPOLITAN DISTRICT MAY INCLUDE THE SUBJECT
PROPERTY; THE EXISTING RESIDENCE IS CURRENTLY ON A SEPTIC SYSTEM.
BAULDRIDGE MINOR SUBDIVISION
A TRACT IN LOT 7 AND LOT 13, SECTION 33, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO
SHEET 1 OF 2
SUBJECT PROPERTY DESCRIPTION, EXISTING EASEMENTS OF RECORD, CERTIFICATES AND NOTES
FINAL PLAT OF:
1 inch = ft.
( IN U.S. SURVEY FEET )
GRAPHIC SCALE
0100 100 200
100
40050
SOPRIS ENGINEERING LLC
502 MAIN STREET SUITE A3 CARBONDALE CO 81623
(970) 704 0311 soprisengineering.com
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 ___________________, 2024, AND IS DULY RECORDED AS RECEPTION NO.
_________________________.
________________________________
CLERK AND RECORDER
BY: _____________________________
DEPUTY
CERTIFICATE OF TAXES PAID
I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF TAXES AND ASSESSMENTS DUEAND PAYABLE AS OF ___________________________ 2024, UPON ALL PARCELS OF REAL ESTATEDESCRIBED ON THIS PLAT ARE PAID IN FULL.
DATED THIS ______ DAY OF ______________________, A.D., 2024.
____________________________________TREASURER OF GARFIELD COUNTY
COUNTY SURVEYOR'S CERTIFICATE
APPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF SURVEYS, CALCULATIONS OR DRAFTING, PURSUANT TOC.R.S.§38-51-101 AND 102, ET SEQ,
DATED THIS _________ DAY OF _______________________, A.D., 2024.
_______________________________ GARFIELD COUNTY SURVEYOR
COUNTY COMMISSIONERS' CERTIFICATE
BASED UPON THE REVIEW AND RECOMMENDATION OF GARFIELD COUNTY DIRECTOR OF COMMUNITY
DEVELOPMENT, THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, HEREBY
APPROVES THIS AMENDED PLAT THIS ___ DAY OF _______________, A.D., 2024, FOR FILING WITH THE
CLERK AND RECORDER OF GARFIELD COUNTY AND FOR CONVEYANCE TO THE COUNTY OF THE PUBLIC
DEDICATIONS SHOWN HEREON, SUBJECT TO THE PROVISIONS THAT APPROVAL IN NO WAY OBLIGATES
GARFIELD COUNTY FOR THE FINANCING OR CONSTRUCTION OF IMPROVEMENTS ON LANDS, PUBLIC
ROADS, HIGHWAYS OR EASEMENTS DEDICATED TO THE PUBLIC, EXCEPT AS SPECIFICALLY AGREED TO BY
THE BOARD OF COUNTY COMMISSIONERS BY SUBSEQUENT 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.
___________________________________
JOHN MARTIN, CHAIRMAN, BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
WITNESS MY HAND AND SEAL OF THE COUNTY OF GARFIELD.
ATTEST:__________________________________
COUNTY CLERK
CERTIFICATE OF DEDICATION AND OWNERSHIP
THE UNDERSIGNED, BEING SOLE OWNER IN FEE SIMPLE OF ALL THAT REAL PROPERTY SITUATED IN GARFIELD COUNTY, DESCRIBED AS
FOLLOWS:
PROPERTY DESCRIPTION
[PER DEED]
A TRACT IN LOT 7 AND LOT 13, SECTION 33, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH
PRINCIPAL MERIDIAN DESCRIBED AS BEGINNING AT A POINT IN THE EXISTING NORTHERLY RIGHT OF
WAY FENCE LINE OF STATE HIGHWAY 82 WHENCE THE SOUTHEAST CORNER OF SECTION 33,
TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH P.M. BEARS S. 62° 35'16" E. A DISTANCE OF 4,948.19
FEET;
THENCE N. 72° 10'02" W. A DISTANCE OF 944.115 FEET ALONG SAID NORTHERLY RIGHT OF WAY
FENCE LINE;
THENCE N. 17° 49' E. A DISTANCE OF 285.22 FEET TO THE EXISTING FENCE LINE;
THENCE S. 82° 37'15" E. A DISTANCE OF 904.63 FEET ALONG THE EXISTING FENCE LINE;
THENCE S. 10° 54'25" W. A DISTANCE OF 452.66 FEET TO THE POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
[PER THIS SURVEY]A TRACT IN LOT 7 AND LOT 13, SECTION 33, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN DESCRIBED ASBEGINNING AT A POINT IN THE EXISTING NORTHERLY RIGHT OF WAY OF THE STATE HIGHWAY 82 ACCESS ROAD, WHENCE THESOUTHEAST CORNER OF SECTION 33, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH P.M. BEARS S. 62° 35'47" E. A DISTANCE OF4,949.44 FEET (WITH ALL BEARINGS HEREIN BEING RELATIVE TO A BEARING OF N.72°10'02"W. BETWEEN COLORADO DEPARTMENT OFTRANSPORTATION MONUMENTS ALONG SAID NORTHERLY RIGHT OF WAY LINE);
THENCE N.72°10'02"W. ALONG SAID NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 946.67 FEET TO THE INTERSECTION OF A CROSSFENCE AS CONSTRUCTED AND IN PLACE, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF THAT PROPERTY RECORDED IN THATDEED RECORDED AS RECEPTION NO. 465930 OF THE GARFIELD COUNTY RECORDS;THENCE LEAVING SAID RIGHT OF WAY LINE N.17°49'00"E. ALONG SAID FENCE AND EASTERLY BOUNDARY LINE OF SAID RECEPTION NO.465930 A DISTANCE OF 285.22 FEET TO THE INTERSECTION OF AN EXISTING FENCE LINE, SAID POINT ALSO BEING A POINT ON THESOUTHERLY RIGHT OF WAY LINE OF COLORADO STATE HIGHWAY NO. 82;THENCE LEAVE SAID CROSS FENCE S.82°42'54"E. ALONG AN EXISTING FENCE LINE AND SAID RIGHT OF WAY OF COLORADO STATEHIGHWAY NO. 82 A DISTANCE OF 907.26 FEET TO A POINT IN AN EXISTING FENCE LINE, SAID POINT ALSO BEING A POINT ON THEWESTERLY BOUNDARY LINE OF THAT PROPERTY DESCRIBED IN THAT DEED RECORDED AS RECEPTION NO. 446891;THENCE LEAVING SAID FENCE LINE AND RIGHT OF WAY LINE S.10°54'25"W. A DISTANCE OF 454.62 FEET TO THE POINT OF BEGINNING.
CONTAINING 340,819 SQUARE FEET OR 7.824 ACRES, MORE OR LESS.
COUNTY OF GARFIELDSTATE OF COLORADO
HAS CAUSED THE DESCRIBED REAL PROPERTY TO BE SURVEYED, LAID OUT, PLATTED AND SUBDIVIDED INTO LOTS AND BLOCKS AS
SHOWN ON SHEET 2 OF THIS PLAT UNDER THE NAME AND STYLE OF BAULDRIDGE SUBDIVISION. THE OWNER DOES HEREBY DEDICATE
AS PRIVATE EASEMENTS TO THE PRIVATE USE OF THE OWNERS OF THE LOTS OF SAID SUBDIVISION, THEIR HEIRS AND ASSIGNS, THE
EASEMENTS AS SHOWN AND DESCRIBED ON SHEET 3 HEREOF; THAT THERE IS ALSO INCLUDED IN THIS DEDICATION, THE RIGHT AND
PRIVILEGE TO USE SAID EASEMENTS AS SHOWN ON THIS PLAT TO INSTALL, CONSTRUCT, RECONSTRUCT AND MAINTAIN UTILITIES
WITHIN THE WIDTH OF SAID EASEMENTS FOR THE PURPOSE OF SERVING THE LOTS IN SAID SUBDIVISION. SUCH EASEMENT AND RIGHTS
SHALL BE UTILIZED IN A REASONABLE AND PRUDENT MANNER. ALL EXPENSE FOR STREET PAVING OR IMPROVEMENTS SHALL BE
FURNISHED BY THE SELLER OR PURCHASER, NOT BY THE COUNTY OF GARFIELD;
EXECUTED THIS ___ DAY OF __________________, A.D., 2024.
OWNER: DIANE E. BAULDRIDGE
__________________________________________
_______________, AS ______
STATE OF COLORADO )
)SS
COUNTY OF GARFIELD )
THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS ______ DAY OF ___________,
A.D., 2024, BY DIANE E. BAULDRIDGE.
MY COMMISSION EXPIRES: _____________________________
WITNESS MY HAND AND OFFICIAL SEAL.
______________________________
NOTARY PUBLIC
TITLE CERTIFICATE
I, , AN AGENT AUTHORIZED BY LAND TITLE GUARANTEE 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 DIANE E. BAULDRIDGE, FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES (INCLUDING MORTGAGES,
DEEDS OF TRUST, JUDGMENTS, EASEMENTS, CONTRACTS AND AGREEMENTS OF RECORD AFFECTING THE REAL
PROPERTY IN THIS PLAT), EXCEPT AS FOLLOWS:
______________________________________________________________
___________________________________________________________.
DATED THIS _____ DAY OF ___________________, A.D., 2024.
TITLE COMPANY:
LAND TITLE GUARANTEE COMPANY
901 GRAND AVENUE #202
GLENWOOD SPRINGS, CO 81601
(970) 945-2610
__________________________________________
AUTHORIZED AGENT
PLAT NOTES
1. THE PROPERTY SHOWN HEREON IS SUBJECT TO THE TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESOLUTION BYTHE GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS, NO. ____, SERIES OF 2024 RECORDED ______________, 2024AS RECEPTION NO. ____________.
2. THE ACCESS AND UTILITY EASEMENT SHARED BY LOT 2 AND LOT 3 IS SUBJECT TO THE AGREEMENT RECORDED AS RECEPTIONNO. __________, OF THE GARFIELD COUNTY RECORDS.
3. NOXIOUS WEEDS. CONTROL OF NOXIOUS WEEDS IS THE RESPONSIBILITY OF THE PROPERTY OWNER.
4. OPEN HEARTH SOLID-FUEL FIREPLACES. NO OPEN HEARTH SOLID-FUEL FIREPLACES WILL BE ALLOWED ANYWHERE WITHIN THESUBDIVISION. ONE NEW SOLID-FUEL BURNING STOVE AS DEFINED BY C.R.S. 25-7-401, ET.SEQ., AND THE REGULATIONSPROMULGATED THEREUNDER, WILL BE ALLOWED IN ANY DWELLING UNIT. ALL DWELLING UNITS WILL BE ALLOWED ANUNRESTRICTED NUMBER OF NATURAL GAS BURNING STOVES AND APPLIANCES.
5. EXTERIOR LIGHTING. ALL EXTERIOR LIGHTING SHALL BE THE MINIMUM MOUNT NECESSARY AND THAT ALL EXTERIOR LIGHTINGSHALL BE DIRECTED INWARD AND DOWNWARD, TOWARDS THE INTERIOR OF THE SUBDIVISION, EXCEPT THAT PROVISIONSMAY BE MADE TO ALLOW FOR SAFETY LIGHTING THAT GOES BEYOND THE PROPERTY BOUNDARIES.
6. RIGHT TO FARM COLORADO IS A “RIGHT-TO-FARM” STATE PURSUANT TO C.R.S. 35-3-11, ET. SEQ. LANDOWNERS, RESIDENTSAND VISITORS MUST BE PREPARED TO ACCEPT THE ACTIVITIES, SIGHTS, SOUNDS AND SMELLS OF GARFIELD COUNTY’SAGRICULTURAL OPERATIONS AS A NORMAL AND NECESSARY ASPECT OF LIVING IN A COUNTY WITH A STRONG RURALCHARACTER 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 COUNTYPOLICY PROVIDE THAT RANCHING, FARMING AND OTHER AGRICULTURAL ACTIVITIES AND OPERATIONS WITHIN GARFIELDCOUNTY SHALL NOT BE CONSIDERED TO BE NUISANCES SO LONG AS OPERATED IN CONFORMANCE WITH THE LAW AND IN ANON-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, ANDPESTICIDES, ANY ONE OR MORE OF WHICH MAY NATURALLY OCCUR AS PART OF LEGAL AND NON-NEGLIGENTAGRICULTURAL OPERATIONS.
7. MAINTENANCE OF FENCES, RURAL LIVING, ETC. ALL OWNERS OF LAND, WHETHER RANCH OR RESIDENCE, HAVE OBLIGATIONSUNDER 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 LEARNABOUT THESE RIGHTS AND RESPONSIBILITIES AN ACT AS GOOD NEIGHBORS AND CITIZENS OF THE COUNTY. A GOODINTRODUCTORY SOURCE FOR SUCH INFORMATION IS “A GUIDE TO RURAL LIVING & SMALL SCALE AGRICULTURE” PUT OUTBY THE COLORADO STATE UNIVERSITY EXTENSION OFFICE IN GARFIELD COUNTY.
8. MINERAL RIGHTS. THE MINERAL RIGHTS ASSOCIATED WITH THIS PROPERTY MAY NOT BE TRANSFERRED WITH THE SURFACEESTATE THEREFORE ALLOWING THE POTENTIAL FOR NATURAL RESOURCE EXTRACTION ON THE PROPERTY BY THE MINERALESTATE OWNER(S) OR LESSEE(S)
9. NO FRUIT BEARING TREES OR BUSHES ARE PERMITTED WITHIN THE SUBDIVISION.
10. USE OF BEAR-RESISTANT TRASH AND RECYCLING CONTAINERS IS RECOMMENDED.
11. NO PETS SHALL BE FEED OUTSIDE OF, AND ALL FOOD ITEMS MUST BE STORED IN, AN ENCLOSED STRUCTURE.
12. DOGS KEPT ON THE PROPERTY SHALL BE IN A FENCED YARD OR ON A LEASH TO PREVENT HARASSMENT OF WILDLIFE.
13. FENCING ON THE PROPERTY SHALL COMPLY WITH THE COLORADO PARKS AND WILDLIFE SPECIFICATIONS FORWILDLIFE-FRIENDLY FENCING.
SURVEYOR'S CERTIFICATE
I, LINDA CATHERINE LOVE, 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 FINAL PLAT OF BAULDRIDGE MINOR SUBDIVISION, AS
LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT WAS MADE FROM AN ACCURATE SURVEY OF SAID
PROPERTY BY ME OR UNDER MY SUPERVISION, AND CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS,
EASEMENTS AND STREETS OF SAID FINAL PLAT OF AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCE WITH
APPLICABLE REGULATIONS GOVERNING THE SUBDIVISION OF LAND.
IN WITNESS WHEREOF, I HAVE SET MY HAND AND SEAL THIS _____ DAY OF _____________, A.D., 2024.
_______________________________________
LINDA CATHERINE LOVE, PLS #38427
SITE
SE CORNER SECTION 33
AKA CORNER S33-34 T7S R87W/WITNESS CORNER S4-3 T8S R87W
(SEE NOTE 8) CALCULATED FROM
FIELD POSITIONS DESCRIBED IN
SURVEY MONUMENT RECORDSON FILE
(SEE
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8
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DRAFT
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LOT 1
138,457 SQ FT±
3.179 ACRES±
PER THIS PLAT
LOT 2
101,224 SQ FT±
2.324 ACRES±
PER THIS PLAT
LOT 3
101,138 SQ FT±
2.322 ACRES±
PER THIS PLAT
26.00' WIDE
ACCESS AND
UTILITYEASEMENTPER THIS PLAT
433.62'
S1
7
°
5
1
'
4
8
"
W
3
6
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'
426.01'
S1
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'
260.33'
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7
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208.81'
S82° 42' 54"E 90
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'
N72° 10
'
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2
"
W
9
4
6
.
6
7
'
260.33'
264.83'
DEED LINE
(CALLS TO FENCE)
FENCE LINE (MEASURED PER THIS SURVEY)
CDOT RIGHT OF WAY
PARCEL 120 AND 120AR
REC. #449506
80.00' WIDE RIGHT-OF-WAYREC. #125078
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DEED LINE
FENCE LINE
(MEASURED PER THIS SURVEY)
2.51'
COLORADO STATE HI
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EXISTING
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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
CERTIFICATION SHOWN HEREON.33090.01 4/10/2024 CL G:\2023\33134 BAULDRIDGE\SURVEY\SURVEY DWGS\SURVEY PLOTS\33134_PLAT2024\33134_PLAT2.DWG
DRAFT
BAULDRIDGE MINOR SUBDIVISION
A TRACT IN LOT 7 AND LOT 13, SECTION 33, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO
SHEET 2 OF 2
LOTS AND EASEMENTS
FINAL PLAT OF:
1 inch = ft.
( IN U.S. SURVEY FEET )
GRAPHIC SCALE
040 40 80
40
16020
SOPRIS ENGINEERING LLC
502 MAIN STREET SUITE A3 CARBONDALE CO 81623
(970) 704 0311 soprisengineering.com
35
9. Water Supply and Distribution Plan (pursuant to Section 4-203(M))
In accordance with Section 4-203(M) of the Garfield County Land Use and Development Code, an
Engineering Report with a water supply and distribution plan for the Minor Subdivision has been
prepared by Sopris Engineering LLC. This report can be found in Appendix A.
The applicant has contacted the Colorado Division of Water Resources (DWR) and the Basalt Water
Conservancy District (BWCD) to better understand the requirements for supplying well water to each of
the lots within the proposed subdivision. Based on the correspondence with these entities, it has been
confirmed that the subject property is within Division 6 and Area A of the BWCD and is eligible for
inclusion into the BWCD’s 02CW77 Umbrella Plan for Augmentation. Further, it is understood that each
lot will need to obtain a non-exempt well permit from the DWR (including the existing well on Lot 1) and a
water allotment contract with the BWCD will be required to provide an augmentation supply for each of
the wells. A copy of the correspondence with the DWR and BWCD is included in Appendix A.
On January 23, 2024, Samuelson Pump CO., Inc. performed a 4-hour pump test on the existing well
(permit no. 106071) in accordance with Subsection 4-203(M)(1)(b.)(a). The pump test found that the well
production is greater than sixteen (16) gallons per minute and the well water recovered to its standing
depth in four (4) minutes. It was also found that the existing well has capacity to serve three (3) homes.
The full results of the pump test can be found in Appendix A.
Each lot within the proposed subdivision will have a separate well. Therefore, Subsection 4-
203(M)(1)(b.)(b) is not applicable.
In early 2024, a water quality test was performed on the existing well in accordance with Subsection 4 -
203(M)(1)(b.)(c). The findings of the water quality test did not identify any contaminants that exceeded
the Environmental Protection Agency’s (EPA) Primary and Secondary Drinking Water Regulations. The full
results of the water quality test can be found in Appendix A.
The existing well currently serves the existing development on the subject property and will continue to
be used for that purpose. The wells to be constructed on Lots 2 and 3 are expected to produce similar
results as the existing well.
Re-permitting of the existing well on Lot 1; permitting for, construction and testing of the wells for Lots 2
and 3; and the execution of a water allotment contract with the BWCD are to be addressed following the
approval of the Minor Subdivision. A request for a waiver of the submission requirements of Section 4-
203(M) is included in this application.
10. Wastewater Management and System Plan (pursuant to Section 4-203(N))
Introduction
Lot 1 is currently served by an on-site wastewater treatment system (OWTS). Lot 2 and Lot 3 will each be
served by an OWTS to be constructed by the future owners. NRCS Soil Survey information indicates that
site soils (Atencio-Azeltine complex, 3-6% slopes) have a “not limited” rating for septic tank absorption
fields. Further, as noted in the Engineering Report prepared by Sopris Engineering LLC (refer to Appendix
A), based on recent soils tests performed on adjacent properties, it is anticipated that Lot 2 and Lot 3’s
soils will be a silt loam.
36
A site-specific geotechnical evaluation will be required to determine the type of OWTS best suited for the
geologic conditions of Lot 2 and Lot 3. A request for a waiver of the submission requirements of Section
4-203(N) is included in this application.
Design and Construction
As described in the Engineering Report prepared by Sopris Engineering LLC (refer to Appendix A),
conceptual tank and soil treatment fields for Lot 2 and Lot 3 are shown on the Utility Plan, included in this
application.
Absent a specific building site and OWTS location on Lot 2 and Lot 3, it is not possible to conduct targeted
geotechnical evaluations of the lots that are necessary to satisfy the requirements of Section 4-203(N).
Therefore, at the time of building permit, it will be the lot owner’s responsibility to obtain a geotechnical
evaluation from a qualified professional (in accordance with Section 4-203(A)) specific to the areas where
improvements are to be constructed. The geotechnical evaluation will include subsurface investigation,
soil percolation testing, and any other studies required to determine the maximum seasonal groundwater
and depth to bedrock in compliance with the applicable county and state OWTS regulations. The location
of percolation testing sites shall be noted and identified on a map included in the geotechnical evaluation
report.
The owners of Lot 2 and Lot 3 will be responsible for ensuring that the plans, specifications, and
construction of their OWTS conforms to the county’s OWTS requirements, the requirements of the
Colorado Department of Public Health and the Environment (CDPHE), Water Quality Control Commission,
and any recommendations provided in the geotechnical evaluation. The OWTS will be designed by
qualified professional engineer licensed in the State of Colorado. Evidence of the OWTS’s compliance with
the applicable county and state OWTS requirements will be submitted by the lot owners at time of
building permit.
Operation and Maintenance
The EPA and Garfield County recommend that property owners conduct regular maintenance on their
OWTS according to the following schedules:
Table 3. Recommended OWTS Maintenance
Maintenance Task Frequency
(Garfield County)
Frequency
(EPA)
Inspection of OWTS Once a year. At least every 3 to 5 years.
Cleaning of OWTS Cleaned as necessary, if inspected
once a year. No recommendation provided.
Pumping of OWTS
Every 4 years, when a yearly
inspection by the owner is not
practical.
Every 3 to 5 years.
Inspection of alternative OWTS with electrical float
switches, pumps, or mechanical components. No recommendation provided. Generally, once a year.
Without a site-specific OWTS design, it is not possible to include a proposed management plan for the
operation and maintenance of the OWTS in this application, pursuant to Section 4-203(N)(b). Therefore,
the owners of Lot 2 and Lot 3 will be responsible for developing a management plan specific to their
OWTS and providing a copy of such plan to the county as required. As appropriate, the recommendations
of the EPA and Garfield County should be used to inform the OWTS management plan for Lot 2 and Lot 3.
37
11. Access and Traffic Analysis
Legal Access
The Highway 82 Access Road, under the jurisdiction of the Colorado Department of Transportation
(CDOT), provides access to/from the subject property. The Access Permits (permit nos. 323154 and
323155) issued by CDOT provide evidence that the lots within the proposed subdivision have legal access
to/from the Highway 82 Access Road. The Access Permits are included in Appendix A.
Analysis of Physical Access & Traffic
Sopris Engineering LLC has prepared an analysis of the existing system of roads that serve the proposed
subdivision and the traffic anticipated to be generated by existing and future development on Lot 1, Lot 2,
and Lot 3. This analysis can be found in the Engineering Report included in Appendix A.
With approval of the subdivision, a 26-foot-wide “Access and Utility Easement” will be created between
Lots 2 and 3 (refer to Final Plat). This easement will be used to construct the shared access for Lots 2 and
3. The shared access will be designed and constructed in accordance with the applicable requirements of
Section 7-107. A draft agreement for the shared access has been prepared and is included in Appendix C.
This agreement is intended to address the design, construction, repair, and maintenance of the shared
access, as well as any improvements that may be required as part of the CDOT Access Permit for the
shared access. The applicant plans to finalize, execute, and record this agreement following the approval
of the Minor Subdivision and prior to the recording of the Final Plat.
12. Compliance with Article 7: Divisions 1, 2, 3, and 4
Division 1. General Approval Standards
Zone District Use Regulations (Section 7-101)
Table 4 demonstrates that the proposed lot conforms with the county’s standards for the Rural (R) zone
district, pursuant to Section 3-201.
Table 4. Conformance with Rural (R) Zone District Standards
Rural (R) Zone District Standards Conformance with Rural (R) Zone District Standards
Minimum Lot Size 2-acres The proposed lots are ± 3.179-acres, ± 2.324-acres, and ± 2.322-acres.
Maximum Lot
Coverage 15%
Upon approval of the subdivision Lot 1 will become ± 3.179-acres (±138,457
SF). The maximum lot coverage permitted on Lot 1 will be approximately
20,770 SF. As shown on the Site Plan, the existing lot coverage for Lot 1 is
approximately 6,500 SF.
The owner(s) of Lot 2 and Lot 3 will be responsible for ensuring that lot
coverage does not exceed 15% of the total lot area. The county will have an
opportunity to confirm this at time of building permit.
Front Setback 50 feet (arterial)
25 feet (local)
The existing development on Lot 1 complies with the front setback
requirements, except for the existing barn. The barn was constructed in the
mid-1990’s, as evidenced by the building permit included in Appendix E. The
effective date of Garfield County’s current Land Use and Development Code
is July 15, 2013. Given that the location of the existing barn was approved by
Garfield County it is assumed that the barn complied with the county’s
setback requirements in effect at that time.
As evidenced by the Site Plan, there is sufficient buildable area on Lot 2 and
Lot 3 to accommodate the required front setbacks.
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Table 4. Conformance with Rural (R) Zone District Standards (continued)
Rural (R) Zone District Standards Conformance with Rural (R) Zone District Standards
Rear Setback 25 feet
The property is considered a “Through Lot” in accordance with Section 3-
202(B). Therefore, front yard setbacks are required along the sides of the
property adjacent to Highway 82 and the Highway 82 Access Road. The
required setbacks are shown on the Site Plan included in this application.
Side Setback 10 feet
As evidenced by the Site Plan, the existing development on Lot 1 complies
with the required side setbacks and here is sufficient buildable area on Lot 2
and Lot 3 to accommodate the required side setbacks.
Height R: 25 feet
NR: 40 feet
The existing residential and non-residential structures to be located on Lot 1
of the proposed subdivision comply with the county’s height regulations.
The owners of Lot 2 and Lot 3 will be responsible for ensuring that any
improvements constructed on their lot conform to the county’s height
regulations.
Pursuant to Section 3-202(A), all three (3) lots have a minimum of 25 lineal feet of frontage on the
Highway 82 Access Road right-of-way that provides access to/from the lots.
Pursuant to Section 3-202(B), the subject property is considered a “Through Lot.” Therefore, front yard
setbacks are required along the sides of the property adjacent to Highway 82 and the Highway 82 Access
Road. The required setbacks are shown on the Site Plan included in this application.
Section 3-202(C), 3-202(D), and 3-202(E) are not applicable to this application.
The lot owners will be responsible for ensuring that any projections into the required yards of the Rural
(R) zone district conform to the requirements of Section 3-202(F). The county will have an opportunity to
ensure compliance with the applicable requirements at the time of building permit.
Lot 2 and Lot 3 are intended to be developed with a single dwelling unit and an ADU or SDU. Pursuant to
Section 3-403, a “Dwelling, Single-Unit (per legal lot)” and a “Dwelling Unit, Accessory” are permitted “By
Right” in the Rural (R) zone district and a “Dwelling Unit, Secondary” requires approval via an
Administrative Review in the Rural (R) zone district. The owner(s) of Lot 1 and Lot 2 will be responsible for
ensuring that any other land uses on their lot conform to the applicable county requirements.
Comprehensive Plan and Intergovernmental Agreements (Section 7-102)
The location of the proposed subdivision is designated as “Residential Low (RL)” on Garfield County’s
Future Land Use Map (refer to Map 2). The intended character of the RL designation can be described as
“Agricultural and related uses, ranching, low density residential and related uses as well as home
occupation uses that can be adequately buffered from adjacent incompatible uses.” (p. 16). Residential
densities in the RL designation are to be around 1 dwelling unit (DU) per 10-acres.
Creation of the proposed ± 3.179-acre, ± 2.324-acre, and ± 2.322-acre lots accommodate low density
residential development with adequate buffering from the existing and neighboring residential uses.
Further, development of the lots with single-family homes and ADUs or SDUs will result in densities of
roughly 1 DU per 3.18-acres (0.3 DU per Acre) and 1 DU per 2.32-acres (0.4 DU per Acre). In accordance
with page 15 of the Comprehensive Plan, which states “…Accessory Dwelling Units (ADUs) are not
included in the overall density,” the potential ADUs or SDUs on the lots were not included in the density
calculations.
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While the densities of the proposed lots do not conform to the recommended minimum density for the
RL designation (1 DU per 10-Acres or 0.1 DU per Acre), they are similar to, and compatible with, the
existing residential densities on the surrounding properties. Residential properties within 1,500-feet of
the subject property, on the southside of Highway 82, range in density from roughly 0.1 DU per Acre to 4
DU per Acre. The average density of these surrounding residential properties is 1.12 DU per Acre. Refer to
Table 5, included in this application, for further detail regarding the density of surrounding residential
properties.
The existing low-density residential development on Lot 1 and future low-density residential development
on Lot 2 and Lot 3 will maintain much of the property in a natural state, helping to preserve the
rural/agricultural character of this part of Garfield County. Furthermore, low-density residential
development in this location will minimize demands on public services and will not necessitate the
extension of public infrastructure or public service areas. This application works to address key issues
identified in Garfield County’s Comprehensive Plan 2030.
Garfield County Comprehensive Plan 2030 Future Land Use Map
In addition to conformance with the intent of the RL future land use designation, this application works to
achieve the following desired outcomes identified in the county’s Comprehensive Plan:
Housing Vision - “To bring about a range of housing types, costs, and tenancy options that ensure for our
current and future residents affordable housing opportunities in safe and efficient residential structures”
(p. 29). Approval of this application will result in the creation of two (2) new lots, intended for low-density
residential development, that will provide greater opportunity for housing in Garfield County. Further, the
development of up to four (4) dwelling units on these new lots will help to provide housing that is in
closer proximity to employment opportunities in this part of the Roaring Fork Valley. As noted on page 39
of the Comprehensive Plan, a key issue in Garfield County is the location of jobs versus the location of
housing for employees. In many cases, jobs and housing are located a significant distance apart resulting
Site
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in “…increase challenges for transportation infrastructure and transit services. Increased commuting
times and unpredictable delays impacts worker quality of life” (p. 39).
Transportation Policy 1 - “Ensure that county roads are constructed and maintained on a safe, and fiscally
sustainable basis” (p. 34). Low-density residential development in this location will not necessitate
improvements to adjacent state or county roads, nor will it have significant impacts on these roads.
Residential development on Lot 2 and Lot 3 will generate additional impact fees and tax revenues for the
county that can be used to pay for maintenance of, and improvements to, the county’s roads.
The applicant is not aware of any Intergovernmental Agreements (IGAs) that would be applicable to the
proposed Minor Subdivision.
Compatibility (Section 7-103)
The general character and intensity of land uses in this part of Garfield County can be described as low-
density residential uses. As more and more homes have been built in this area over the years, this
character has remained intact. This can be attributed to the limitations placed on the type of residential
development permitted by the county’s Land Use and Development Code. The proposed subdivision,
existing development, and future residential development on the lots is very much in tune with the
nature of land development in this part of Garfield County.
In addition, all three (3) lots are compatible with the scale of adjacent properties. The properties within
1,500-feet of the subject property, on the southside of Highway 82, range in size from roughly 0.27-acres
to 22.83-acres in size. The average size of these surrounding properties is 4.15-acres. Refer to Table 5,
included in this application, for further detail regarding the size of surrounding properties.
Source of Water (Section 7-104)
The existing well has and will continue to be used for the domestic water needs for Lot 1. As previously
demonstrated in this application, the existing well provides an adequate, reliable, physical, long-term, and
legal water supply to serve uses on Lot 1.
New wells are to be constructed, and used for the domestic water needs for Lots 2 and 3. Lot 2 and Lot 3
will each have a well. These wells are to be permitted and constructed following the approval of the
Minor Subdivision. It is anticipated that the wells on Lots 2 and 3 will provide an adequate, reliable,
physical, long-term, and legal water supply to serve future uses on the lots.
A request for a waiver of the submission requirements of Section 4-203(M) is included in this application.
Central Water Distribution and Wastewater Systems (Section 7-105)
A. Water Distribution Systems.
Water service for Lot 1 is, and will continue to be, provided by the existing well on the subject
property. Water service for Lots 2 and 3 will be served by new wells to be permitted and constructed
following the approval of the Minor Subdivision. Given the State of Colorado’s requirements for
shared wells, a central well and distribution system is not feasible for the proposed subdivision.
It is not physically or economically feasible for the proposed subdivision to be served by the Mid -
Valley Metropolitan District (MVMD), which is the nearest water supply entity. The subject property is
not located within the MVMD’s boundaries. Further, the MVMD does not have water infrastructure
on the south side of Highway 82 within 400-feet of the subject property.
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B. Wastewater Systems.
All three (3) lots will be served by an Onsite Wastewater Treatment Systems (OWTS), as previously
discussed in this application. The lots are all greater than 1-acre in size and therefore comply with
the requirements of Table 7-105. The proposed subdivision is not located near any public sewer
system and a central wastewater system is not necessary or required pursuant to Section 7 -105(B).
Public Utilities (Section 7-106)
A. Adequate Public Utilities.
Sopris Engineering contacted Holy Cross Energy, Comcast, and Lumen and received “Will Serve”
letters from these utility providers for the proposed subdivision (refer to Appendix A). The
Engineering Report and Utility Plan, included in this application, provide additional detail for the
extension of existing electric, cable TV, and wired telephone utilities to Lot 2 and Lot 3. Lot 1 is
currently served by these utilities.
Electric, cable TV, and wired telephone utilities will be extended to the boundaries of Lot 2 and Lot 3
following the approval of the Minor Subdivision and prior to the recording of the Final Plat. The
owners of Lot 2 and Lot 3 will be responsible for extending these utilities onto their property.
Sopris Engineering coordinated with Black Hills Energy to locate existing natural gas lines in the area.
It was discovered that there is an existing line, south of the Highway 82 Access Road, that isn’t
adjacent to the subject property. Lot 1 is currently served by a propane tank. Lots 2 and 3 will also
be served by propane tanks, if gas service is desired by the lot owners.
None of the lots within the subdivision will be served by public water or wastewater utilities. This has
previously been addressed in this application.
B. Approval of Utility Easement by Utility Company.
Final utility easements will be confirmed with the respective utility provider in conjunction with the
extension of these utilities. This is to occur following the approval of the Minor Subdivision and prior
to the recording of the Final Plat.
C. Utility Location.
As evidenced by the Engineering Report and Utility Plan, included in this application, all utilities will
be located underground throughout the subdivision in accordance with Subsection 7-106(C)(1).
As evidenced by the Engineering Report and Utility Plan, included in this application, all utility
lines, including appurtenances, will be located within roads, public rights-of-way, or appropriate
easements.
Subsection 7-106(C)(3) is not applicable to this application.
D. Dedication of Easements.
As evidenced by the Final Plat, utility easements will be dedicated to the public, as appropriate.
There are no existing or proposed drainage easements associated with the subdivision.
E. Construction and Installation of Utilities.
In accordance with Section 7-106(E), the extension of electric, cable TV, and wired telephone utilities
to the boundaries of Lot 2 and Lot 3 will be coordinated with each utility provider. As evidenced by
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the Engineering Report and Utility Plan, included in this application, the extension of said utilities will
be done in a manner that avoids unnecessary removal of trees or excessive excavations and will be
reasonably free from physical obstructions.
The owners of Lot 2 and Lot 3 will be responsible for working with the applicable utility providers to
extend service lines onto their respective properties and for ensuring that such lines are installed in
a manner that avoids unnecessary removal of trees or excessive excavations and are reasonably free
from physical obstructions.
F. Conflicting Encumbrances.
The existing easements appear to be free from any conflicting legal encumbrances as demonstrated
by the Final Plat included in this application.
Access and Roadways (Section 7-107)
A. Access to Public Rights-of-Way.
As demonstrated by the Access Permits issued by CDOT (refer to Appendix A), all three (3) lots have
legal and physical access to/from the Highway 82 Access Road, a public right-of-way.
B. Safe Access.
As evidenced by the Engineering Report, included in this application, access to/from Lot 1, Lot 2, and
Lot 3 via the Highway 82 Access Road is safe and in conformance with the applicable county, state,
and federal access regulations. Further, the traffic generated by the proposed subdivision does not
warrant improvements to county roads or state or federal highways.
C. Adequate Capacity.
The roads that provide access to/from the lots within the proposed subdivision have the capacity to
efficiently and safely service the additional traffic generated by the development of up to two (2)
dwelling units on Lot 2 and Lot 3. Refer to the Engineering Report included in this application. It is not
anticipated that the traffic generated by the proposed subdivision will result in traffic congestion or
unsafe traffic conditions, impacts to county, state, and federal roadways.
D. Road Dedications.
No new roads or rights-of-way are proposed with this application. Therefore, Section 7-107(D) is not
applicable to this application.
E. Impacts Mitigated.
No impacts to county roads associated with hauling, truck traffic, and equipment use are anticipated
with this application.
F. Design Standards.
Refer to the Engineering Report and Site Plan included in this application for additional detail
regarding compliance with the design standards set forth in Subsection 7-107(F).
The existing driveway for Lot 1 and shared access for Lots 2 and 3 offer adequate and efficient
internal circulation, and reasonable access to the nearest public highways (i.e., State Highway 82).
The existing driveway and the shared access have been, or will be, constructed so that alignments
join in a logical manner and combine with adjacent road systems to form a continuous route from
one area to another.
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The intersection of the existing driveway and the intersection of the shared access with the Highway
82 Access Road conform to Subsection 7-107(F)(2) as demonstrated by the Site Plan included in this
application.
No street names are being proposed or are required as part of this application. Therefore, Section 7-
107(F)(3) is not applicable.
The existing driveway and the shared access have been designed to minimize road congestion and
unsafe conditions.
No public roads are proposed as part of this application. Therefore, Section 7-107(F)(5) is not
applicable to this application.
The existing system of roads, providing access to/from the proposed subdivision, has been located
and constructed to be compatible with the topography, wooded areas, and other natural features on,
and adjacent to, the subject property.
As evidenced by the Site Plan, included in this application, the shared access for Lots 2 and 3 is
designed to minimize erosion and provide for efficient and maintainable drainage structures.
Section 7-107(F)(8) is not applicable to this application.
It is believed that the existing driveway for Lot 1 provides sufficient emergency access and egress for
residents, occupants, and emergency equipment. The shared access will be designed and constructed
to provide emergency access and egress for residents, occupants, and emergency equipment. It will
also be designed and constructed to comply with the applicable provisions of the International Fire
Code and requirements of the applicable emergency service providers.
The owner(s) of Lot 2 and Lot 3 will be responsible for constructing driveways, from the shared access
onto their respective lots, that provide emergency access and egress for the residents of the lots and
emergency equipment. The lot owner(s) will also be responsible for ensuring that such access
complies with provisions of the International Fire Code and requirements of the applicable
emergency service providers. This will be addressed at time of building permit.
The applicant is aware that they will be required to comply with the CDOT’s requirements for the
Access Permit for the shared access (permit no. 323155). If improvements, such as the installation of
traffic control devices, street signs, street lighting, striping, and/or pedestrian crosswalks, are
required as part of the CDOT Access Permit the applicant will address those. The requirements of the
CDOT Access Permit will be addressed after the approval of the subdivision and prior to the recording
of the Final Plat.
As depicted on the Site Plan, included in this application, a culvert for the Patterson and Cummins
ditch will be installed in conjunction with the construction of the shared access. If additional drainage
structures for the shared access are required as part of the CDOT Access Permit (permit no. 323155),
those will be addressed after the approval of the subdivision and prior to the recording of the Final
Plat.
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The owners of Lot 2 and Lot 3 will be responsible for ensuring that culverts are incorporated, as
required by the county, with their driveways and that their driveways are designed to conform to the
applicable requirements of Section 7-107(F)(11)(b). This will be addressed at time of building permit
and/or driveway permit.
No roads or roadside ditches are proposed with this application. Therefore, Section 7 -107(F)(12) is
not applicable.
Use of Land Subject to Natural Hazards (Section 7-108)
No evidence was found to indicate that the site for the proposed subdivision is subject to the following
natural hazards: avalanches, landslides, falling rock, alluvial fan hazards, slopes that exceed 20%,
corrosive or expansive soils and rock, mud flows, faults, flooding, or high-water tables.
All of Garfield County is identified by the Environmental Protection Agency (EPA) as being located in
Radon Zone 1. Radon Zone 1 is the designation used by the EPA for counties with predicted average
indoor radon screening levels greater than 4 pCi/L. According to the Colorado Geological Survey (CGS),
the remediation of radon is generally simple and inexpensive. Proper sealing and ventilation of
foundations and basements will handle most soil hazards, and filtration and aeration of water will control
most water hazards. The lot owners will be responsible for designing and constructing any buildings on
their lot in conformance with the applicable county regulations for radon. No other potential radiation
hazards have been identified by state or county Health Departments on the subject property.
The applicant understands that this application will be referred to the CGS for review and comment. The
applicant will address the recommendations of the CGS, to the best of their ability, once they have been
received.
Fire Protection (Section 7-109)
A. Adequate Fire Protection.
The proposed subdivision is located within the service area for the Carbondale & Rural Fire Protection
District (CRFPD). Evidence of this is provided in the correspondence with the CRFPD included in
Appendix E. Comment for the CRFPD identify the need for the shared access, between Lots 2 and 3,
to comply with the following requirements (based on the 2015 International Wildland-Urban
Interface Code), as applicable:
403.2 Driveways.
Driveways shall be provided where any portion of an exterior wall of the first story of a building is
located more than 150- feet (45 720 mm) from a fire apparatus access road.
403.2.1 Dimensions.
Driveways shall provide a minimum unobstructed width of 12 feet (3658 mm) and a minimum
unobstructed height of 13-feet 6 inches (4115 mm).
403.2.2 Length.
Driveways in excess of 150 feet (45 720 mm) in length shall be provided with turnarounds. Driveways
in excess of 200 feet (60 960 mm) in length and less than 20 feet (6096 mm) in width shall be provided
with turnouts in addition to turnarounds.
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403.2.3 Service limitations.
A driveway shall not serve in excess of five dwelling units.
Exception: Where such driveways meet the requirements for fire apparatus access road in accordance
with Section 503 of the International Fire Code.
403.2.4 Turnarounds.
Driveway turnarounds shall have inside turning radii of not less than 30 feet (9144 mm) and outside
turning radii of not less than 45 feet (13 716 mm). Driveways that connect with a road or roads at
more than one point shall be considered as having a turnaround if all changes of direction meet the
radii requirements for drive-way turnarounds.
403.2.5 Turnouts.
Driveway turnouts shall be an all-weather road surface not less than 10 feet (3048 mm) wide and 30
feet (9144 mm) long. Driveway turnouts shall be located as required by the code official.
These requirements will be addressed at the time of construction of the shared access and/or when
the driveways to/from the shared access are constructed by the owner(s) of Lot 2 and Lot 3.
B. Subdivisions.
The applicant understands that this application will be referred to the CRFPD for review and
comment. The applicant will address the recommendations of the CRFPD, to the best of their ability,
once they have been received.
Division 2. General Resource Protection Standards
Agricultural Lands (Section 7-201)
A. No Adverse Effect to Agricultural Operations.
The proposed subdivision is not located on or adjacent to any lands currently used for agricultural
operations. The approval of the proposed subdivision will have no adverse impacts on existing
agricultural operations in this part of Garfield County.
The Rural (R) zoning of the lots in the proposed subdivision limit residential development on each lot
to one (1) single-family home and one (1) ADU or SDU. The limits on residential development will
maintain much of these lots in their natural state and could enable portions of the lots to be used for
agricultural purposes. There will be no significant impacts to existing agricultural lands in this part of
Garfield County.
B. Domestic Animal Controls.
There are no protective covenants or deed restrictions proposed in conjunction with this application.
Therefore, the lots owners will be responsible for ensuring that dogs and/or other domestic animals
kept on their lot is done in a manner that conforms to Section 7-201(B).
The “Domestic Dogs” plat note, from the county’s Resource Guide, is included on the Final Plat to
ensure that lot owners are aware that any dogs kept on their property shall be in a fenced yard or on
a leash to prevent harassment of wildlife.
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C. Fences.
A note has been included on the Final Plat that acknowledges Garfield County’s status as a Right to
Farm County. The lot owners will be responsible for ensuring that fences are constructed, as
necessary, to separate their lot from adjoining agricultural lands or stock drives. In addition, the lot
owners will be responsible for maintaining all parts of any fencing installed including gates, cattle
guards, boards, posts, and wiring.
D. Roads.
As evidenced by the Site Plan included in this application, the access for Lot 1 and shared access for
Lots 2 and 3 are located a sufficient distance back from the lot boundaries so that normal
maintenance of these roads, including snow removal, will not damage any fences existing or
constructed along the perimeter of the lots.
The lot owners will be responsible for ensuring that dust control measures are in place, both during
and after construction, to minimize adverse impacts to livestock and/or crops on adjacent agricultural
lands.
E. Ditches.
The irrigation ditches on the subject property are identified on the Site Plan. It appears that these
ditches are gravity laterals from the Patterson and Cummins ditch, which solely benefit the subject
property. Given that the proposed subdivision has no impacts on the main Patterson and Cummins
ditch, the ditch company has not been contacted.
As noted in the Engineering Report (refer to Appendix A), irrigation water for each lot will be provided
by the Patterson and Cummins ditch to the extent that it is legally and physically available. The subject
property currently has access to 0.625 CFS. The available irrigation water will be split between Lot 1,
Lot 2, and Lot 3. In other words, each lot will have access to approximately 0.208 CFS. Each lot will be
served by the gravity laterals from the Patterson and Cummins ditch.
If required by the county, the “Irrigation Ditches” plat note, from the county’s Resource Guide, will be
included on the Final Plat prior to it being recorded.
In accordance with Subsection 7-201(E)(3), the proposed subdivision will not interfere with the right-
of-way for the Patterson and Cummins ditch.
Given that ditches on the subject property are laterals from the Patterson and Cummins ditch, it is
believed Subsection 7-201(E)(5) is not applicable. However, if required by the county or the ditch
company, a maintenance easement(s) for the laterals serving the lots will be included on the Final
Plat prior to it being recorded.
As depicted on the Site Plan and Utility Plan, included in this application, a crossing of an existing on-
site ditch is required for the shared access. A culvert will be installed with the construction of the
shared access to ensure compliance with the applicable requirements of Subsection 7-201(E)(6).
Subsections 7-201(E)(8) and 7-201(E)(8) are not applicable to the proposed subdivision. It will be the
responsibility of the lot owners to ensure compliance with Subsections 7-201(E)(8) and 7-201(E)(8), as
applicable, at the time of building permit.
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It is understood that the ditch company may be a referral agency for this application. The applicant
will address the recommendations of the ditch company, to the best of their ability, once they have
been received.
Wildlife Habitat Areas (Section 7-202)
The applicant has consulted with Colorado Parks & Wildlife (CPW) on the proposed subdivision. A copy of
the correspondence with CPW can be found in Appendix E. CPW has indicated that in general, there are
no major issues associated with subdividing the subject property as it is between Highway 82 and the
Highway 82 Access Road and already has considerable disturbance. CPW noted that: 1) there is
considerable deer activity in the area and that deer are frequently hit on the Highway 82 Access Road;
and 2) there is considerable bear activity in the area and precautions should be taken to limit human bear
conflicts.
Based on CPW’s recommendations the following notes have been included on the Final Plat:
▪ Fencing on the property shall comply with the Colorado Parks and Wildlife specifications for wildlife-
friendly fencing.
▪ Dogs kept on the property shall be in a fenced yard or on a leash to prevent harassment of wildlife.
▪ No fruit bearing trees or bushes are permitted within the subdivision.
▪ Use of bear-resistant trash and recycling containers is recommended.
▪ No pets shall be feed outside of, and all food items must be stored in, an enclosed structure.
It is anticipated that CPW will be a referral agency for this application. The applicant will address any
additional recommendations from CPW, to the best of their ability, once they have been received.
Protection of Waterbodies (Section 7-203)
There are no waterbodies within or adjacent to the proposed subdivision. Therefore, Section 7-203 is not
applicable to this application.
Drainage and Erosion (Section 7-204)
A. Erosion and Sedimentation.
If any of the lot owners disturb one (1), or more acre, in conjunction with the development of their
property, they will be responsible for ensuring that such development activity complies with the
Colorado Department of Public Health & Environment (CDPHE) National Pollutant Discharge
Elimination System Permit, unless otherwise exempted by CDPHE. This will be addressed at the time
of building permit.
B. Drainage.
The lot owners will be responsible for ensuring that the drainage of their property complies with the
applicable requirements of Section 7-204(B). This will be addressed at the time of building permit.
C. Stormwater Run-Off.
If any of the lot owners develop their property with 10,000 square feet or more of impervious surface
area, they shall be responsible for ensuring that such development activity complies with Section 7-
204(C). This will be addressed at the time of building permit.
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Environmental Quality (Section 7-205)
A. Air Quality.
The proposed lots and subsequent residential development will not have significant temporary or
long-term adverse effects on air quality or water quality. Any air quality impacts resulting from
development on the lots within the proposed subdivision will be those commonly associated with a
single-family home and will not result in air quality being reduced below the levels established by the
Colorado Air Pollution Control Division.
B. Water Quality.
Storage and/or use of hazardous materials on the lots within the proposed subdivision is not
anticipated. If these materials are stored and/or used, it will be the responsibility of the lot owners to
ensure that this is done in compliance with the applicable state and federal hazardous materials
regulations.
Wildfire Hazards (Section 7-206)
According to the 2022 Garfield County Community Wildfire Protection Plan (GCCWPP), Colorado State
Forest Services’ Wildfire Risk Viewer, and Garfield County’s Wildfire Risk Map the proposed subdivision is
identified as being in an area with a “Low” to “Moderate” wildfire risk.
Colorado State Forest Service Wildlife Risk Map
A. Location Restrictions.
None of the lots within the proposed subdivision have slopes that are greater than 30% as evidenced
by the Site Plan included in this application. Neither are any of the lots located within a fire chimney
as identified by the Colorado State Forest Service.
B. Development Does Not Increase Potential Hazard.
The proposed subdivision and subsequent residential development is not anticipated to increase the
potential intensity or duration of a wildfire, adversely affect wildfire behavior, or fuel composition.
Site
49
The lot owners will be responsible for ensuring that development on their lot does not increase the
potential for wildfire in accordance with Section 7-206(B).
C. Roof Materials and Design.
The lot owners will be responsible for ensuring that all roofing materials used on their lot are in
accordance with Section 7-206(C) at the time of building permit.
Natural and Geologic Hazards (Section 7-207)
A review of data made available by the Colorado Geological Survey (CGS), the United States Geologic
Survey (USGS), the Federal Emergency Management Agency (FEMA) and the Natural Resources
Conservation Service (NRCS) indicate that the proposed lots are not subject to: avalanche hazard areas;
landslide hazard areas; rockfall hazard areas; alluvial fan hazard areas; slopes that exceed 20%; corrosive
or expansive soils and rock; mudflow areas; or faults.
The lot owners will be responsible for obtaining a site-specific geotechnical evaluation that provides
recommendations for the actual soil conditions encountered on their lot. The lot owners will also be
responsible for having a foundation design prepared by a qualified licensed professional engineer that is
suitable for the soil conditions identified. This will be addressed at the time of building permit.
Reclamation (Section 7-208)
The applicant is not proposing any improvements that would require reclamation pursuant to Section 7-
208 as part of this application.
The lot owners will be responsible for reclamation of areas disturbed by construction activity on their lot
in accordance with Section 7-208.
Division 3. Site Planning and Development Standards
Compatible Design (Section 7-301)
While the requirements of Section 7-301 aren’t necessarily applicable to subdivisions, an explanation of
how the proposed subdivision complies with the requirements of Section 7-301 is provided on the
following pages.
A. Site Organization.
The layout and dimensions of the lots in the proposed subdivision comply with
▪ Adequate access to nearby public roads via existing road system.
▪ Excellent southern exposure and solar access.
▪ Options for building sites that conform with the applicable county and state requirements.
B. Operational Characteristics.
Activities associated with the existing residential development on Lot 1 and future residential
development on Lots 2 and 3 are compatible with neighboring residential and commercial land uses
and will not create nuisances for the adjacent properties in accordance with Section 7-301(B).
The properties neighboring the proposed subdivision are zoned Rural (R) or Residential-Suburban
(RS), which works to ensure compatibility among land uses and activities in this part of the county.
Table 5 provides a listing of existing uses and residential densities on the southside of Highway 82
50
within approximately 1,500-feet of the subject property. A map of these existing uses is included on
page 52.
Table 5. Existing Land Uses & Residential Densities within approximately 1,500’ of the Subject Property
Parcel Owner of Record Acreage Existing Land Use Approx. Density
239132100043 RFLANDCO LLC 2.909 Triplex & Offices 1 DU / Acre
239132100044 JOHN RICHARDS III 2.009 Duplex 1 DU / Acre
239132101002 SUSAN RUDD 7.51 Single-Family Residential 0.1 DU / Acre
239132101003 CANNING FAMILY TRUST 8.5 Single-Family Residential 0.1 DU / Acre
239132403001 ERIC RUDD 9.367 Vacant Land (zoned: Rural (R)) N/A
239132403002 ERIC RUDD 6.828 Single-Family Residential 0.1 DU / Acre
239132403003 ERIC RUDD 6.458 Vacant Land (zoned: Rural (R)) N/A
239132400023 BUREAU OF
LAND MANAGEMENT 22.829 Vacant Land (zoned: Rural (R)) N/A
239132100016 DYLAN & JACQUELINE
BALDERSON 0.66 Single-Family Residential 1.5 DU / Acre
239132100017 BART & FAITH LIPORI 0.27 Single-Family Residential 4 DU / Acre
239132100018 TARA SPUNG 0.3 Single-Family Residential 3 DU / Acre
239132100019 MARY IRWIN & JOSHUA FOGG 0.31 Single-Family Residential 3 DU / Acre
239132100020 SUSAN NICHOLSON 0.319 Single-Family Residential 3 DU / Acre
239132400021 COLLIN ARNOLD &
JEFFREY MCCOLLUM 0.33 Single-Family Residential 3 DU / Acre
239132400022 WESLEY & ASHLEY
WORTHINGTON 0.36 Single-Family Residential 3 DU / Acre
239133300006 SPENCER & STEPHANIE EISEMAN 0.36 Single-Family Residential 3 DU / Acre
239133300007 CHRISTINE LESTER 1.279 Single-Family Residential 1 DU / Acre
239133300008 JOSEPH & GERRY ZAMORA 10 Single-Family Residential 0.1 DU / Acre
239133300009 CHRISTINA DAVIS 4.679 Single-Family Residential 0.2 DU / Acre
239133300016 ANNA EDGERLY 4.75 Single-Family Residential 0.2 DU / Acre
239133300034 KATHLEEN & JAMES CLAUSEN 2.002 Single-Family Residential 0.5 DU / Acre
239133300035 TERRY & MATTHEW
HARRINGTON 3.846 Single-Family Residential 0.3 DU / Acre
239133300036 TERRY & MATTHEW
HARRINGTON 3.323 Vacant Land (zoned: Rural (R)) N/A
239133300011 JANICE GESSELE TRUST 4.176 Single-Family Residential 0.2 DU / Acre
239133300012 MICHAEL ROSENBERG -TRUSTEE
OMNI UNIVERSAL TRUST 4.314 Single-Family Residential 0.2 DU / Acre
239133300013 ROARING FORK
SCHOOL DISTRICT RE-1 11.199 Vacant Land (zoned: Rural (R)) N/A
239133300045 ROBERT & LEANNE DAIGLE 2.299 Single-Family Residential 0.4 DU / Acre
239133300028 PUBLIC SERVICE
COMPANY OF COLORADO - Right-of-Way N/A
239133300044 JAMES & VANESSA BIEBL 6.789 Single-Family Residential 0.15 DU / Acre
239133300029 LYNNI HUTTON 2.88 Single-Family Residential 0.35 DU / Acre
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Table 5. Existing Land Uses & Residential Densities within approximately 1,500’ of the Subject Property (continued)
Parcel Owner of Record Acreage Existing Land Use Approx. Density
239133300040 THOMAS FRIEL 2 Vacant Land (zoned: Rural (R)) N/A
239133300041 SIMPSON HOLDINGS, LLC 2 Single-Family Residential 1 DU / Acre
239133300042 17792 HIGHWAY 82 LLC 3.64 Single-Family Residential 0.3 DU / Acre
239133300028 PUBLIC SERVICE
COMPANY OF COLORADO - Right-of-Way N/A
239133300005 ALPINE ANIMAL HOSPITAL
LAND COMPANY 3.982 Commercial N/A
239133300030 GREENSHARE LLC 2.63 Single-Family Residential 0.4 DU / Acre
239133300031 CHERYL HOWARD &
ROBERT RUST 2.119 Single-Family Residential 0.9 DU / Acre
239133300002 OLD YARD LLC 2.099 Single-Family Residential 0.5 DU / Acre
As evidenced by Table 5, the neighboring properties have, or have the potential to be developed
with, single-family residences and associated uses (e.g., ADUs or SDUS). This is evidence that low
density residential development is appropriate in this part of Garfield County and that the residential
uses proposed on the lots are compatible with adjacent land uses. Table 5 also provides evidence that
the residential densities (0.3 to 0.4 DU per Acre), proposed within the subdivision, are compatible
with surrounding residential densities.
C. Buffering.
All properties adjacent to the subject property are zoned Rural (R), therefore Section 7-301(C) is not
applicable.
D. Materials.
If required, the lot owners will be responsible for ensuring that exterior facades be constructed with
materials that do not detract from adjacent buildings or uses.
Off-Street Parking and Loading Standards (Section 7-302)
Pursuant to Section 7-302, single-family dwellings are exempt from the off-street parking and loading
standards set forth in the Land Use and Development Code.
Lot 1 has ample off-street parking available for the existing development on the property as evidenced by
the Site Plan included in this application. In accordance with Table 7-302(A), the owners of Lot 2 and Lot 3
will be responsible for ensuring that a minimum of two (2) off-street parking spaces are provided if an
ADU or SDU is constructed on their lot. The lot owners will also be responsible for ensuring that the off-
street parking spaces conform to all other applicable requirements of Section 7 -302. This will be
addressed at the time of building permit for an ADU or application for an SDU.
The off-street loading standards set forth in Section 7-302 are not applicable to this application.
Landscaping Standards (Section 7-303)
Pursuant to Section 7-303, single-family dwelling units, ADUs, and SDUs are exempt from the county’s
landscaping standards.
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Lighting Standards (Section 7-304)
The applicant is not proposing any exterior lighting as part of this application. The lot owners will be
responsible for ensuring that any exterior lighting associated with future development on their lot
complies with the standards set forth in Section 7-304 of the county’s Land Use and Development Code.
Compliance with the applicable exterior lighting standards can be addressed at the time of building
permit.
The “Exterior Lighting” plat note, from the county’s Resource Guide, is included on the Final Plat to
ensure that future lot owners are aware of the applicable exterior lighting standards.
Snow Storage Standards (Section 7-305)
Pursuant to Section 7-305, all residential uses are exempt from the county’s snow storage standards,
unless the residential use includes a common outdoor parking area. Section 7-305 is not applicable to this
application.
Trail and Walkway Standards (Section 7-306)
Pursuant to Section 7-306, single-family dwellings are exempt from the trail and walkway standards set
forth in the Land Use and Development Code. Further, there are no feasible links to schools, shopping
areas, parks, trails, greenbelts, and other public facilities from the proposed lots so Section 7-306 is not
applicable to this application.
Division 4. Subdivision Standards and Design Specifications
General Subdivision Standards (Section 7-401)
A. Maintenance of Common Facilities.
Lot 2 and Lot 3 will share an easement and an access to/from the Highway 82 Access Road. An
agreement for the shared access has been prepared and a draft is included in Appendix C. The
applicant plans to finalize, execute, and record the agreement prior to the recording of the Final Plat.
A note has been added to the Final Plat to ensure that future owners of Lot 2 and Lot 3 are aware of
this agreement.
B. Domestic Animal Control.
No protective covenants or deed restrictions are proposed in conjunction with this application.
Therefore, the lot owners will be responsible for ensuring that domestic animals are confined within
their property boundaries and kept under control when they are not on the property in accordance
with Section 7-401(B).
The “Domestic Dogs” plat note, from the county’s Resource Guide, is included on the Final Plat to
ensure that future lot owners are aware that any dogs kept on their property shall be in a fenced yard
or on a leash to prevent harassment of wildlife.
C. Fireplaces.
The lot owners will be responsible for ensuring that any fireplaces installed on their property conform
to the applicable requirements of Section 7-401(C).
The “Open Hearth Solid-Fuel Fireplaces” plat note, from the county’s Resource Guide, is included on
the Final Plat to ensure that future lot owners are aware of the applicable county regulations.
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D. Development in the Floodplain.
The proposed lots are not located in an identified floodplain. Therefore, Section 7-401(D) is not
applicable.
Subdivision Lots (Section 7-402)
A. Lots Conform to Code.
As demonstrated in this application, the area, width, frontage, depth, shape, location, and orientation
of the proposed lot conform to the applicable Rural (R) zone district requirements and other
applicable provisions of the county’s Land Use and Development Code.
B. Side Lot Line Alignment.
The side lot lines for the lots are substantially at right angles or radial to road right-of-way lines in
accordance with Section 7-402(B).
C. Lots Configuration, Cul-de-Sacs.
The proposed lots are not wedge shaped, nor do they front on a cul-de-sac. Therefore, Section 7-
402(C) is not applicable to this application.
D. Lot Division by Boundaries, Roads, or Easements Prohibited.
The proposed lots are not divided by municipal boundaries, county roads, or public rights-of-way.
Therefore, Section 7-402(D) is not applicable to this application.
Survey Monuments (Section 7-403)
Permanent survey monuments, which don’t exist, will be set for the lots following the approval of the
subdivision, in accordance with Section 7-403.
School Land Dedication (Section 7-404)
The applicant requests payment in lieu of school land dedication, in accordance with Section 7-404(C).
Said payment will be submitted in accordance with the applicable requirements of Section 7-404.
Road Impact Fees (Section 7-405)
Pursuant to Section 7-405(C), the proposed Minor Subdivision is in the county’s “East Benefit District.”
The owners of Lot 2 and Lot 3 will be responsible for addressing Road Impact Fees, pursuant to Section 7-
405, at the time of building permit.
If required by the county, a note will be included on the Final Plat, prior to it being recorded, to ensure
that the owners of Lot 2 and Lot 3 are aware of their obligation to address Road Impact Fees in
accordance with Section 7-405.
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13. Compliance with Review Criteria (pursuant to Section 5-301(C))
Pursuant to Section 5-301(C) a Minor Subdivision shall meet the following criteria. An explanation for how
this application complies with each of the review criteria is provided below.
1. It complies with the requirements of the applicable zone district and the Land Use and Development
Code, including Standards in Article 7, Divisions 1, 2, 3 and 4.
As demonstrated in the application, the proposed Minor Subdivision complies with the requirements
of the Rural (R) zone district, the standards set forth in Article 7, Divisions 1, 2, 3, and 4, and all other
applicable requirements of Garfield County’s Land Use and Development.
2. It is in general conformance with the Comprehensive Plan.
The proposed Minor Subdivision is in general conformance with the county’s Comprehensive Plan
2030, specifically the intent of the Residential Low (RL) future land use category, the Vision for
Housing, and Policy 1 under Transportation.
3. Shows satisfactory evidence of a legal, physical, adequate, and dependable water supply for each lot.
The information and documentation included in this application demonstrates that there is or will be
a legal, physical, adequate, and dependable water supply for each lot in the subdivision.
4. Satisfactory evidence of adequate and legal access has been provided.
The information and documentation included in this application demonstrates that there is adequate
and legal access to the lots in the subdivision.
5. Any necessary easements including, but not limited to, drainage, irrigation, utility, road, and water
service have been obtained.
All easements necessary for drainage, irrigation, utilities, roads, and water service are in place, as
indicated on the Final Plat, or will be established with the recording of the Final Plat.
6. The proposed Subdivision has the ability to provide an adequate sewage disposal system.
The Engineering Report and Utility Plan, included in this application, demonstrate that it is possible to
serve the lots within the subdivision with OWTS.
7. Hazards identified on the property such as, but not limited to, fire, flood, steep slopes, rockfall and
poor soils, shall be mitigated, to the extent practicable.
No natural and geologic hazards have been identified on the subject property, with the exception of
radon. It is not possible to address radon as part of this application. Therefore, the lot owners will be
responsible for addressing and mitigating, to the extent practicable, radon on their property at the
time of building permit.
8. Information on the estimated probable construction costs and proposed method of financing for
roads, water distribution systems, collection systems, storm drainage facilities and other such utilities
have been provided.
The proposed subdivision does not require the construction of major and/or public infrastructure that
would usually necessitate the submittal of information regarding the estimated probable construction
costs and proposed methods of financing. A request for a waiver from the submittal requirements of
Table 5-401: H. Preliminary Cost Estimates is included in this application.
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Electric, cable TV, and wired telephone utilities will be extended to the boundaries of Lot 2 and Lot 3
following the approval of the Minor Subdivision and prior to the recording of the Final Plat. The
applicant will be responsible for the cost to extending these utilities .
Re-permitting of the existing well on Lot 1; permitting for, construction and testing of the wells for
Lots 2 and 3; and the execution of a water allotment contract with the BWCD will be addressed
following the approval of the Minor Subdivision. The applicant will be responsible for the costs
associated with the permitting, construction, and testing of wells, as well as the costs associated with
obtaining a water allotment contract from the BWCD.
The applicant will be responsible for the costs associated with the design and construction of the
shared access for Lot 2 and Lot 3, as well as the costs associated with any improvements to the
Highway 82 Access Road that may be required as part of the CDOT Access Permit (permit no.
323155).
The owners of Lot 2 and Lot 3 will be responsible for the cost of constructing the infrastructure (e.g.,
driveways, water service lines, OWTS, utility service lines, etc.) necessary to serve their lots. This is
not an uncommon obligation for property owners in Garfield County and can typically be financed via
a construction loan.
9. All taxes applicable to the land have been paid, as certified by the County Treasurer’s Office.
Evidence that all taxes, applicable to the land, have been paid is included on the following page.
Further, a Certificate of Taxes Paid is included on the Final Plat and will be signed by the Garfield
County Treasurer prior to the recording of the Plat.
10. All fees, including road impact and school land dedication fees, shall be paid.
The applicant will submit payment, in lieu of school land dedication, in accordance with the applicable
requirements of Section 7-404.
The owners of Lot 2 and Lot 3 will be responsible for addressing Road Impact Fees, pursuant to
Section 7-405, at the time of building permit.
11. The Final Plat meets the requirements per Section 5-402(F), Final Plat.
The Final Plat, included in this application, has been prepared by Sopris Engineering LLC in accordance
with the requirements set forth in Section 5-402(F).
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Summary of Taxes Due
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14. Waiver Requests (pursuant to Sections 4-118 and 4-202)
Request for a Waiver of Section 4-203(M) Submission Requirements
Subsections 4-203(M)(b) and 4-203(M)(d) require that the following information and materials be
submitted in conjunction with an application for a Minor Subdivision:
▪ A plan that describes how the water supply will be sufficient for build-out of the proposed
development in terms of water quality, quantity, dependability, and availability.
▪ A minimum 4-hour pump test shall be performed on the well(s) to be used. The results of the pump
test shall be analyzed and summarized in a report, including basic well data (size, depth, static water
level, aquifer, etc.) pumping rate, draw down, recharge, and estimated long-term yield. The report
shall be prepared by a qualified professional with expertise in the ground water or hydrology field and
shall include an opinion that the well will be adequate to supply water for the proposed uses. The
report shall also address the impacts to ground water resources in the area.
▪ Water quality shall be tested by an independent testing laboratory for the following contaminants:
alkalinity, arsenic, cadmium, calcium, coliform bacteria, chloride, conductivity, copper, corrosivity,
fluoride, hardness, iron, lead, magnesium, manganese, nitrate/nitrite, pH, sodium, sodium adsorption
ratio, sulfate, total dissolved solids, uranium and zinc. Additional testing may be required for other
contaminants that occur within the County. The results shall show that the Maximum Contaminants
Levels (MCLs), as set forth by the CDPHE within the Colorado Primary Drinking Water Standards, are
not exceeded, or the Applicant has otherwise identified a treatment system that will bring the water
within acceptable MCLs. Annual testing, testing for other contaminants, and testing for secondary
drinking standards including taste, odor, color, staining, scaling, and corrosion is also recommended.
▪ Evidence that private water owners can and will supply water to the proposed subdivision stating the
amount of water available for use within the subdivision and the feasibility of extending service to
that area.
▪ Evidence concerning the potability of the proposed water supply for the subdivision.
Information for the existing well on the subject property is included in this application and addresses the
requirements of Subsections 4-203(M)(b) and 4-203(M)(d). The wells for Lot 2 and Lot 3 have yet to be
constructed. Therefore, it is not possible to provide the required information for these wells.
Without certainty that the proposed subdivision has been approved by the county, the applicant has
concerns about constructing the wells for Lot 2 and Lot 3. Construction of the wells prior to the approval
of the subdivision could be problematic if the subdivision were not approved and the wells were provided
for lots that were not created. Further, it is unclear if the State of Colorado will permit the wells for Lot 2
and 3 without evidence that the subdivision (i.e., creation of Lots 2 and 3) has been approved by the
county. Therefore, the applicant is proposing to address the following after the approval of the
subdivision by the county and prior to the recording of the Final Plat:
1. Obtain and execute a water allotment contract with the BWCD;
2. Permit and construct the wells for Lot 2 and Lot 3;
3. Perform and submit the results of the required pump and water quality tests on the wells for Lot 2
and 3; AND
4. Re-permit the existing well on Lot 1, as required by the State of Colorado.
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The completion of these tasks will address the requirements of Subsections 4-203(M)(b) and 4-203(M)(d).
It is requested that the applicable decision-making body defer the submission requirements of
Subsections 4-203(M)(b) and 4-203(M)(d) until after the approval of the Minor Subdivision but prior to
the recording of the Final Plat.
If this waiver is approved, withholding the recording of the Final Plat is a practical method for the county
to ensure that the information required under Subsections 4-203(M)(b) and 4-203(M)(d) is addressed
prior to the legal creation of any of the lots within the proposed subdivision.
Compliance with Waiver Review Criteria (Section 4-202)
1. The Applicant shows good cause for the requested waiver.
It is believed that the justification provided demonstrates good cause for the requested waiver.
2. The project size, complexity, anticipated impacts, or other factors support a waiver.
If the wells for Lots 2 and 3 were permitted and constructed prior to a decision on the proposed
subdivision, the wells would become unnecessary if the subdivision were denied. The potential issues
associated with permitting and constructing the wells prior to an approval of the proposed
subdivision supports the requested waiver.
3. The waiver does not compromise a proper and complete review.
The information required pursuant to Subsections 4-203(M)(b) and 4-203(M)(d) will still be submitted
to the county for review. This information will be submitted to the county prior to the recording of
the Final Plat. Therefore, a proper and complete review of this application will still be possible prior to
the legal creation of any lots within the proposed subdivision.
4. The information is not material to describing the proposal or demonstrating compliance with approval
criteria.
Adequate information has been included in this application to demonstrate that the existing well
complies with the requirements of Subsections 4-203(M)(b) and 4-203(M)(d). This application also
provides evidence that it is feasible to serve Lot 2 and Lot 3 with non-exempt wells and that the
information necessary to ensure compliance with the requirements of Subsections 4-203(M)(b) and
4-203(M)(d) will be submitted to the county prior to the recording of the Final Plat. It is believed that
this application includes sufficient evidence to describe the proposed Minor Subdivision and to
demonstrate compliance with the review criteria set forth in Section 5-301(C).
Request for a Waiver of Section 4-203(N) Submission Requirements
Section 4-203(N)(b) requires that the following materials be submitted in conjunction with an application
for a Minor Subdivision:
▪ Evidence that the OWTS will comply with the county’s OWTS requirements and requirements of the
CDPHE, Water Quality Control Commission.
▪ Documentation of soil percolation tests and other studies required to determine maximum seasonal
groundwater level and depth to bedrock, in compliance with the county’s Individual Sewage Disposal
requirements.
▪ Test locations shall be indicated on the Plat.
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▪ Tests shall be performed by a qualified professional engineer.
▪ A proposed management plan for operation and maintenance of on-site systems.
The location for the single-family homes and ADUs or SDUs on Lot 2 and Lot 3 will be determined by the
lot owners. The location of the single-family homes and ADUs or SDUs will dictate where a site-specific
geotechnical evaluation needs to be done and the design and siting of the OWTS. Without knowing the
location of the single-family homes and ADUs or SDUs, it is not possible to provide the information
necessary to satisfy the requirements of Section 4-203(N)(b) at the time of this application.
It is requested that the applicable decision-making body defer the submission requirements of Section 4-
203(N)(b) until building permit. In addition, it is requested that the requirement to identify test locations
on the Final Plat be allowed to be met by including information about test locations in a site-specific
geotechnical evaluation.
If this waiver is approved, the addition of a note to the Final Plat would be a practical method for ensuring
that future lot owners and county staff understand that the information required under Section 4-
203(N)(b) is to be submitted as part of an application for building permit.
Compliance with Waiver Review Criteria (Section 4-202)
1. The Applicant shows good cause for the requested waiver.
It is believed that the justification, provided above, demonstrates good cause for the requested
waiver.
2. The project size, complexity, anticipated impacts, or other factors support a waiver.
As noted in this application, without knowing the location of the single-family homes and ADUs or
SDUs to be built on the lots, it is not possible to obtain and submit the information necessary to
satisfy the requirements of Section 4-203(N)(b) at this time.
3. The waiver does not compromise a proper and complete review.
The Engineering Report, included in this application, provides evidence that the geology underlying
Lot 2 and Lot 3 is suitable for an OWTS. Therefore, a proper and complete review of this application
should be possible absent the submittal materials that are requested to be provided as part of an
application for building permit.
4. The information is not material to describing the proposal or demonstrating compliance with approval
criteria.
As noted above, adequate information has been included in this application to demonstrate that it is
feasible to serve Lot 2 and Lot 3 with an OWTS. It is believed that this information is sufficient to
describe the proposed Minor Subdivision and to demonstrate compliance with the review criteria set
forth in Section 5-301(C).
Request for a Waiver of Section 5-401 Submission Requirements
Pursuant to Table 5-401: Application Submittal Requirements a Grading and Drainage Plan is not required
for a Minor Subdivision application. However, Table 5-401 does state that Preliminary Engineering
Reports and Plans for Groundwater Drainage are required for a Minor Subdivision application. No
changes to existing grading and drainage are proposed with this application. Any changes to the existing
grading and drainage of Lot 2 or Lot 3 may be proposed with development of the lots. The owners of Lot
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2 and Lot 3 will be responsible for obtaining and submitting, to the county, any grading and drainage
plans specific to the improvements to be constructed on their lot. This will be addressed at the time of
building permit.
The proposed Minor Subdivision does not require the construction of any private and/or public
improvements that would necessitate the submittal of information regarding the estimated probable
construction costs and proposed methods of financing. The applicant will be responsible for the costs
associated with the following:
▪ Extension of electric, cable TV, and wired telephone utilities to the boundaries of Lot 2 and Lot.
▪ Re-permitting of the existing well on Lot 1; permitting for, construction and testing of the wells for
Lots 2 and 3; and obtaining a water allotment contract from the BWCD.
▪ The design and construction of the shared access for Lot 2 and Lot 3, as well as the costs associated
with any improvements to the Highway 82 Access Road that may be required as part of the CDOT
Access Permit (permit no. 323155).
The owners of Lot 2 and Lot 3 will be responsible for the cost of constructing the infrastructure (e.g.,
driveways, water service lines, OWTS, utility service lines, etc.) necessary to serve their lots. Th ere are a
variety of options available for financing site-specific infrastructure (e.g., a construction loan). Requiring
lot owners to finance the infrastructure specific to their property is not an uncommon approach.
Compliance with Waiver Review Criteria (Section 4-202)
1. The Applicant shows good cause for the requested waiver.
It is believed that the justification, provided above, demonstrates good cause for the requested
waiver from the submittal of Preliminary Engineering Reports and Plans for Groundwater Drainage.
It is believed that the justification, provided above, demonstrates good cause for the requested
waiver from the submittal of Preliminary Cost Estimates for Improvements.
2. The project size, complexity, anticipated impacts, or other factors support a waiver.
The fact that no changes will be made to the site’s existing grading or drainage, as part of this
application, supports a waiver from the requirement to submit Preliminary Engineering Reports and
Plans for Groundwater Drainage.
It seems reasonable to waive the requirement to submit Preliminary Cost Estimates for
Improvements given that no major private and/or public improvements are being proposed with this
application. Further, the applicant has committed to covering the costs associated with utilities, wells,
and access for the lots within the subdivision.
3. The waiver does not compromise a proper and complete review.
The requested waivers should not compromise the proper and complete review of this application.
There is ample information provided in this application that addresses the site’s existing topography
(i.e., grading and drainage) and site-specific improvements that the applicant and lot owners are
responsible for designing, financing, and constructing.
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4. The information is not material to describing the proposal or demonstrating compliance with approval
criteria.
Since no changes to existing grading or drainage are proposed, nor are any private and/or public
improvements proposed, Preliminary Engineering Reports and Plans for Groundwater Drainage and
Preliminary Cost Estimates for Improvements are not necessary for describing the proposed Minor
Subdivision or to demonstrating compliance with the review criteria set forth in Section 5-301(C).
15. Preliminary Engineering Reports and Plans (pursuant to Table 5-401)
Pursuant to Table 5-401, engineering reports and plans 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 are to be addressed in an application for a Minor
Subdivision. A brief explanation of how these submittal requirements have been addressed in this
application is offered below.
A. Engineering reports and plans for roads, trails, walkways and bikeways.
An Engineering Report and plans for access (roads) to/from the proposed subdivision is included in
this application. The owners of Lot 2 and Lot 3 will be responsible for providing the county with
engineering reports and plans, as required, for the driveways to be constructed on their lots.
Engineering reports and plans for trails, walkways and bikeways are not applicable to this application.
C. Engineering reports and plans for sewage collection and water supply and distribution system.
An Engineering Report that addresses the existing OWTS on Lot 1 and feasibility of OWTS for Lots 2
and 3 is included in this application. The Utility Plan, included in this application, provides conceptual
plans for OWTS on Lots 2 and 3.
The owners of Lot 2 and Lot 3 will be responsible for obtaining engineering reports and plans from a
qualified professional, pursuant to Section 4-203(A), for the OWTS to be installed with the
construction of a single-family dwelling unit and ADU or SDU on their lot. A request for a waiver from
the submittal requirements of Section 4-203(N) is included in this application. If the waiver is
approved the required submittal items will be address at time of building permit.
An Engineering Report and the results of a pump test and water quality for the existing well, for Lot 1,
are included in this application. A detailed explanation of the plans for supplying domestic water to
Lots 2 and 3 is also included in this application. A request for a waiver from the submittal
requirements of Section 4-203(M) is included in this application. If the waiver is approved, the
required submittal items for the water supply for Lots 2 and 3 will be submitted to the county
following approval of the subdivision and prior to the recording of the Final Plat.
E. Engineering reports and plans for groundwater drainage.
The owners of Lot 2 and Lot 3 will be responsible for submitting grading and drainage plans, if
required, specific to the improvements to be constructed on their lot and for submitting those to the
county at the time of building permit. A request for a waiver from the requirements of Table 5-401: E.
Preliminary Engineering Reports and Plans for Groundwater Drainage is included in this application to
allow for the submittal of these items to occur at time of building permit.
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H. Preliminary cost estimates for improvements.
The proposed Minor Subdivision does not require the construction of any private and/or public
improvements that would necessitate the submittal of information regarding the estimated probable
construction costs and proposed methods of financing. A request for a waiver from the submittal
requirements of Table 5-401: H. Preliminary Cost Estimates for Improvements is included in this
application.
The applicant has committed to covering the costs associated with utilities, wells, and access for the
lots within the subdivision. The owners of Lot 2 and Lot 3 will be responsible for the cost of
constructing the infrastructure (e.g., driveways, water service lines, OWTS, utility service lines, etc.)
necessary to serve their lots. This has been previously addressed.
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16. Referral to the Colorado Geologic Survey
The applicant understands that this application will be referred to the Colorado Geologic Survey (CGS) for
review and comment. The recommendations of the CGS will be addressed once they have been received.
A copy of the CGS Land Use Review form provided to Garfield County is included below.
65
Appendix A |
Engineering Report, Existing Well Information & CDOT Access Permits
April 11, 2024
Noah Bauldridge
101 Fox Prowl Lane, Carbondale 81623
noahbauldridge@gmail.com
RE: Bauldridge Subdivision, Garfield County, CO– Preliminary Subdivision Submittal
SE Job # 33134
Noah,
Sopris Engineering, LLC (SE) has prepared the following Engineering Letter for the Preliminary Subdivision
Submittal for the proposed Bauldridge Subdivision (site) in Garfield County, CO.
The subject property is located approximately 1.6 miles east of the intersection of Co Rd 100 and Highway 82
Access road. The site is on the south side of Highway 82 and is Garfield County parcel # 239133300001.
The overall site area is 7.83 acres. The proposed site will be subdivided into 3 lots each with a single family
residence and an accessory dwelling unit.
This engineering report has been divided consistent with the Article 7 Standards of the Garfield County Land Use
and Development Code. The applicable Article 5-301.C. Review Criteria items addressed here are also noted. The
proposed improvements are shown on the civil plans included with this application.
Existing Conditions
The existing conditions are from a field survey of topography, utilities, and surface improvements performed by SE.
The existing utility locations are from utility locates and general utility maps provided by the respective utility
company.
The existing site is a relatively flat sight that has mostly been cleared of any large vegetation. The site has a ditch
easement running across it on the southern side of lot. The lot has several existing irrigation routes available
coming from the east. The east of the site is undeveloped with a few patches of thick vegetation. The west side of
the lot has the existing residence, garage, and ADU as well as an equipment storage area on site.
7-104. SOURCE OF WATER (5-301.C.3):
The site has an existing well (permit # 106071) on the west side of the site that has a maximum pumping rate of 15
GPM for domestic use. Samuelson Pump performed a well test which shows the well production is greater than 16
gpm. The well also had an informational water quality test completed. The water has high hardness levels but all
other tests were below the referenced standards.
A new well will be drilled for each proposed lot, subject to well permitting.
7-105-A. CENTRAL WATER DISTRIBUTION
Potable Water:
Lot 1 is currently served by the existing well. Lots 2 & 3 will each have a new well drilled for the new residences.
Irrigation Water: The site irrigation water for each lot will be provided from the Patterson and Cummins ditch
easement on the south of the property. The property currently has access to 0.625 cfs from this ditch that will be
split three ways between the three proposed lots for approximately 0.208 cfs per lot. Each lot would get water from
the gravity laterals coming from the ditch.
SE#. 33134: Bauldridge Subdivision –Preliminary / Final Engineering Report 04/11/2024
Page 2
7-105-B. WASTEWATER SYSTEMS
Onsite Wastewater: The existing onsite wastewater treatment system (OWTS) on Lot 1 will be maintained for use
by the residence on Lot 1. Lots 2 & 3 will each have an OWTS. Based on soils tests performed recently on adjacent
properties we anticipate that the existing soils will be a silt loam. A conceptual tank and soil treatment field for a 4
bedroom residence and additional 1 bedroom ADU are shown on Lots 2 & 3. The conceptual fields are sized based
on treatment level 1 with type 2 soil and enhanced media trenches. Final location and design will be determined
during the building permit process.
7-106. PUBLIC UTILITIES
The existing site utilities are shown on the existing condition base map. Based on our research to date it is our
understanding that all utilities have capacity and will serve the proposed site. Proposed utility improvements are
shown on Sheet C3.0.
Electric:
SE reached out to Holy Cross Energy and received a will serve letter for the site. An existing pole mounted
transformer is on the west side of the site. A new pad mount transformer will be installed several feet away from the
existing pole which will be converted to a riser pole. The new transformer will serve lot 1. Electric for lot 2 and 3 will
extend northeast from the new transformer and run east on the north side of the existing ditch towards the proposed
shared access easement for lots 2 and 3. New transformer(s) will be set for Lots 2 & 3 with final locations
determined at building permit.
Cable:
SE reached out to Comcast and received a will serve letter for the site. The existing cable is on the west side of the
site. There is an existing cable box to the south of the proposed access easement that we will tie into for the
proposed lots. The cable services will be brought north under the access road into the access easement between
lots 2 and 3.
Telephone:
SE reached out to Lumen and received a will serve letter for the site. The existing telephone is on the west side of
the property. Lumen has a pedestal south of the proposed second lot on the other side of the frontage road. The
telephone service will be brought east on the south side of the access road parallel to the road. When the telephone
cable reaches the cable it will be run through the same trench across the road to the north until it reaches the
easement between lots 2 & 3.
Natural Gas:
SE coordinated with Black Hills Energy to locate existing natural gas lines in the area. It was discovered that there
is an existing line that isn’t adjacent to the property, south of the access road. Lot 1 is served by a propane tank and
Lots 2 & 3 will be served by propane if desired.
B. Approval of Utility Easement by Utility Company
Final utility easements will be confirmed with the respective utility provider prior to final plat recordation.
7-402. SUBDIVISION LOTS:
The single residence lots have been delineated considering the access, the existing utilities, topography, the
adjoining lots proposed onsite, and the adjoining parcels offsite. The lot layout complies with the code requirements.
Refer to civil plan sheets C1.0.
SE#. 33134: Bauldridge Subdivision –Preliminary / Final Engineering Report 04/11/2024
Page 3
Table 3-201: Zone District Dimensions
Zone
District
Minimum
Lot Area
Maximum
Lot
Coverage
%
Maximum
Floor Area
Ratio
Front
Arterial
Setback
Front
Local
Setback
Rear
Setback
Side
Setback
Height
(feet)
Rural (R) 2 acres 15 N/A 50 ft 25 ft 25 ft 10 ft R: 25 NR:
40
The minimum lot setbacks outlined in the Garfield County Regulations have been met.
7-107. ACCESS AND ROADWAYS (5-301.C.4):
A. Access to Public Right-of-Way / B. Safe Access
The site is accessed from the Old Highway 82 Frontage Road, which is Colorado Department of Transportation
(CDOT) right of way (ROW). The existing access intersection will be improved to serve lot 1. A new shared access
for Lots 2 & 3 is proposed 474 feet east of the existing.
The proposed access easement will provide for residential and emergency vehicle access. The shared driveway
section includes a 16’ wide lane. The driveway alignment, radii, and section are shown on C1.0, and is further
described in section C below.
B. Road Dedications/ CDOT Access Permit.
SE has submitted for and received CDOT access permits for an existing access on lot 1, permit No. 323154 and a
new access shared by lots 2 and 3, Permit No. 323155. Lot 1 has a roughly 13 foot wide gravel access from old
highway 82 used only by lot 1 that leads down to the residence and garage. Lots 2 & 3 will have a shared access in
a 26’ wide shared access easement. The easement is shown on the site plan and the proposed plat.
C. Design Standards
The design standards and improvements are shown on the civil plans. Per the CDOT existing and proposed access
permit applications the overall site generates 19 average daily trips on the existing access and will generate an
additional 38 average daily trips for the proposed shared access. We have compared the proposed road
improvements to the Garfield County secondary access road standards from table 7-107 below.
SE#. 33134: Bauldridge Subdivision –Preliminary / Final Engineering Report 04/11/2024
Page 4
Comparison to Table 7-107: Roadway Standards
Design Standards Primitive/Driveway
Proposed
Access
Existing
Access
Design Capacity (ADT) 0 – 20 38 19
Minimum ROW Width 15 – 30 26 N/A
Lane Width (Feet) Single Lane 12 16 13
Shoulder Width (Feet) 0 N/A N/A
Ditch Width (Feet) 3 N/A N/A
Cross Slope 2% 2% 2%
Shoulder Slope N/A N/A N/A
Design Speed N/A N/A N/A
Minimum Radius (Feet) 40 40 45
Maximum % Grade 12% 12% 12%
Conclusion
The proposed site has good access to the Old Highway 82 Access Road. The existing utilities are directly adjacent
and adequate to service the site. Will serve letters have been provided. The lot layout considers the existing utilities,
the existing drainage conditions, and the adjoining parcels.
If you have any questions or need any additional information, please call.
Sincerely,
SOPRIS ENGINEERING, LLC
William Bailey, EIT
Design Engineer
Yancy Nichol, PE
Principal
SE#. 33134: Bauldridge Subdivision – Preliminary / Final Engineering Report 04/11/2024
page 1
APPENDIX-A
Will Serve Letters
SE#. 33134: Bauldridge Subdivision – Preliminary / Final Engineering Report 04/11/2024
page 2
November 14th, 2023
William Bailey, EIT
Sopris Engineering
970-704-0311 ext: 35
bbailey@sopriseng.com
RE: Bauldridge subdivision
at 17450 Highway 82 Access Road, Carbondale, CO 81623
Dear William Bailey
Please accept this letter as confirmation of Comcast Cable Corporation ability to provide cable
service to the captioned location. The provision of service is contingent upon successful
negotiations of an agreement between the developer and Comcast Cable Corporation.
If you have any questions at all, please contact me with the information below.
Sincerely,
Brett Westphall
Network Project Manager
Brett_Westphall@comcast.com
720-979-1921
This letter is not intended to give rise to binding obligations for either party. Any contractual relationship between the parties will be the result of
formal negotiations and will only become effective upon execution of the contract by representatives of the parties authorized to enter into such a
greements. During any negotiations, each party will bear its own costs and will not be responsible for any costs or expenses of the other party,
unless separately agreed to in writing.
SE#. 33134: Bauldridge Subdivision – Preliminary / Final Engineering Report 04/11/2024
page 3
11/10/2023
ATTN: William Bailey, EIT
Sopris Engineering
970-704-0311 ext: 35
RE: 17450 Highway 82 Access Road
To whom it may concern:
Your request for facilities to 17450 Highway 82 Access Road is within
CenturyLink/Lumen’s serving area and will be provided in accordance with all the rates
and tariffs set forth by the Colorado Public Utilities Commission.
Connections to CenturyLink/Lumen facilities are contingent upon the customer meeting
all the requirements of the Utilities tariffs that are in effect for each requested utility service
at the time the application for service is made by the customer and formally accepted by
CenturyLink/Lumen. Connection requirements may include provisions for necessary line
extensions and/or other system improvements, and payment of all applicable system
development charges, recovery agreement charges and other fees or charges applicable
to the requested service.
Although CenturyLink/Lumen diligently seeks to expand its facilities as necessary to meet
anticipated growth, CenturyLink/Lumen services are provided to eligible customers at the
time of connection to the facilities on a “first come, first served” basis after acceptance of
the customer’s application as described above. In certain instances, our facilities and
capacities may be limited. Accordingly, no specific allocations or amounts of
CenturyLink/Lumen facilities or supplies are reserved for service to the subject property,
and no commitments are made as to the availability of CenturyLink/Lumen service at
future times.
Sincerely,
Jason Sharpe
Senior Field Engineer
970-328-8290
3799 HIGHWAY 82∙P.O. BOX
SE#. 33134: Bauldridge Subdivision – Preliminary / Final Engineering Report 04/11/2024
page 4
2150
GLENWOOD SPRINGS, COLORADO 8160
(970) 945-5491∙FAX (970) 945-4081
11/14/2023
Bill Bailey
Sopris Engineering
502 Main Street, Suite A3 Carbondale, CO 81623
RE: 17450 Hwy 82 Access Rd,
Dear Bill Bailey,
The above-mentioned development is within the certified service area of Holy Cross Energy.
Holy Cross Energy has adequate power supply to provide electric power to the development, subject to
tariffs, rules and regulations on file. Any power line enlargements, relocations, and new extensions
necessary to deliver adequate power to and within the development will be undertaken by Holy Cross
Energy upon completion of appropriate contractual agreements and subject to necessary governmental
approvals.
Additionally, due to current economic conditions, Holy Cross Energy is not stocking the quantity of
construction materials as in past years. If your project is slated for construction this year, please advise us
as soon as possible. You will need to enter into agreements with Holy Cross Energy, and pay for the
project, sufficiently in advance of construction to avoid possible delays while materials are procured. The
currently estimated lead time for procurement of materials is around 12 weeks.
Please advise when you wish to proceed with the development of the electric system for this project.
17450 Hwy 82 Access Rd – Map Loc-66-40
A Touchstone Energy Cooperative
February 11,2024
Noah Bauldridge
0101 Fox Prowl Lane
Carbondale, Co.81623
ATTN: Noah
On 1123124, a well test was r;onducted on a well at 17450
information was obtained;
Well Depth I6'
Casing Size--------n))
Standing water level------- ------ 9.3"
Total test time-------- 4 Hours
Drawdown to ---------- ---.-------- 11.0'
Production is greater than-------- 16 GPM
This test was conducted with the existing pump. The well
9.4' in 4 Minutes. This well has enoush water to serve 3
questions please call me, Raun Samuelson art 970-945-6
Sincerely;
HQ-'
Raun E Samuelson
Samuelson Pump Co.
PO, Box 297 . Glenwood Springs, CO 81602 . (970)
Woter Sysfems . So/es, Serv,ice &
. Fox (970) 947-944E
lYy 82. The following
level recovered baok to
Ifyou have any
These results may be invalid.
This informational water quality report compares the actual test result to national standards as defined in the EPA's Primary and
Secondary Drinking Water Regulations.
Definition and Legend
The contaminant was not detected in the sample above the minimum detection level.
The contaminant was detected at or above the minimum detection level, but not above the referenced standard.
The contaminant was detected above the standard, which is not an EPA enforceable MCL.
The contaminant was detected above the EPA enforceable MCL.
mg/L (ppm):
The lowest level that the laboratory can detect a contaminant.
ND:The contaminant was not detected above the minimum detection level.
Minimum Detection
Level (MDL):
Unless otherwise indicated, results and standards are expressed as an amount in milligrams per liter or
parts per million.
Primary Standards:Are expressed as the maximum contaminant level (MCL) which is the highest level of contaminant that
is allowed in drinking water. MCLs are enforceable standards.
Secondary standards:Are non-enforceable guidelines regulating contaminants that may cause cosmetic effects (such as skin
or tooth discoloration) or aesthetic effects (such as taste, odor,or color) in drinking water. Individual
states may choose to adopt them as enforceable standards.
Action levels:Are defined in treatment techniques which are required processes intended to reduce the level of a
contaminant in drinking water.
NA:The contaminant was not analyzed.
Ordered By:
Aspen Waterwise
50 North 4th Street
Carbondale, CO 81623
ATTN: Kellen Whitworth
Client:
Noah Bauldridge
17450 Hwy. 82
Carbondale, CO 81623
Informational Water Quality Report
Sample Number:
Collection Date and Time:
Received Date and Time:
Date Completed:
956837
1/17/2024 11:00 AM
1/22/2024 2:04 PM
2/13/2024
Straight From WellLocation:
Type of Water:
Watercheck
Time Sampled has been changed to EST.
6571 Wilson Mills Rd
Cleveland, Ohio 44143
1-800-458-3330
Microbiologicals
Total Coliform and E.coli were ABSENT, however bacteria results may be
invalid due to lack of collection information or because sample has exceeded
30 hour holding time.
Total Coliform by P/A
Inorganic Analytes - Metals
NDAluminum mg/L 0.2 EPA Secondary 0.1
NDArsenic mg/L 0.010 EPA Primary 0.005
NDBarium mg/L 2 EPA Primary 0.30
NDCadmium mg/L 0.005 EPA Primary 0.002
92.9Calcium mg/L --2.0
NDChromium mg/L 0.1 EPA Primary 0.010
0.026Copper mg/L 1.3 EPA Action Level 0.004
0.074Iron mg/L 0.3 EPA Secondary 0.020
NDLead mg/L 0.015 EPA Action Level 0.002
0.002Lithium mg/L --0.002
13.97Magnesium mg/L --0.10
NDManganese mg/L 0.05 EPA Secondary 0.004
NDMercury mg/L 0.002 EPA Primary 0.001
NDNickel mg/L --0.020
1.8Potassium mg/L --1.0
NDSelenium mg/L 0.05 EPA Primary 0.020
12.4Silica mg/L --0.1
NDSilver mg/L 0.100 EPA Secondary 0.002
7Sodium mg/L --1
0.570Strontium mg/L --0.001
0.002Uranium mg/L 0.030 EPA Primary 0.001
0.004Zinc mg/L 5 EPA Secondary 0.004
Physical Factors
170Alkalinity (Total as CaCO3)mg/L --20
Status Contaminant Results Units National Standards Min. Detection Level
Page 2 of 5 Sample: 956837Product: Watercheck2/13/2024 9:50:20 AM
290Hardness mg/L 100 NTL Internal 10
7.6pH pH Units 6.5 to 8.5 EPA Secondary
350Total Dissolved Solids mg/L 500 EPA Secondary 20
0.4Turbidity NTU 1.0 EPA Action Level 0.1
Inorganic Analytes - Other
NDBromide mg/L --0.5
5.8Chloride mg/L 250 EPA Secondary 5.0
NDFluoride mg/L 4.0 EPA Primary 0.5
0.5Nitrate as N mg/L 10 EPA Primary 0.5
NDNitrite as N mg/L 1 EPA Primary 0.5
NDOrtho Phosphate mg/L --2.0
110.0Sulfate mg/L 250 EPA Secondary 5.0
Organic Analytes - Trihalomethanes
NDBromodichloromethane mg/L --0.002
NDBromoform mg/L --0.004
NDChloroform mg/L --0.002
NDDibromochloromethane mg/L --0.004
NDTotal THMs mg/L 0.080 EPA Primary 0.002
Organic Analytes - Volatiles
ND1,1,1,2-Tetrachloroethane mg/L --0.002
ND1,1,1-Trichloroethane mg/L 0.2 EPA Primary 0.001
ND1,1,2,2-Tetrachloroethane mg/L --0.002
ND1,1,2-Trichloroethane mg/L 0.005 EPA Primary 0.002
ND1,1-Dichloroethane mg/L --0.002
ND1,1-Dichloroethene mg/L 0.007 EPA Primary 0.001
ND1,1-Dichloropropene mg/L --0.002
ND1,2,3-Trichlorobenzene mg/L --0.002
ND1,2,3-Trichloropropane mg/L --0.002
Status Contaminant Results Units National Standards Min. Detection Level
Page 3 of 5 Sample: 956837Product: Watercheck2/13/2024 9:50:20 AM
ND1,2,4-Trichlorobenzene mg/L 0.07 EPA Primary 0.002
ND1,2-Dichlorobenzene mg/L 0.6 EPA Primary 0.001
ND1,2-Dichloroethane mg/L 0.005 EPA Primary 0.001
ND1,2-Dichloropropane mg/L 0.005 EPA Primary 0.002
ND1,3-Dichlorobenzene mg/L --0.001
ND1,3-Dichloropropane mg/L --0.002
ND1,4-Dichlorobenzene mg/L 0.075 EPA Primary 0.001
ND2,2-Dichloropropane mg/L --0.002
ND2-Chlorotoluene mg/L --0.001
ND4-Chlorotoluene mg/L --0.001
NDAcetone mg/L --0.01
NDBenzene mg/L 0.005 EPA Primary 0.001
NDBromobenzene mg/L --0.002
NDBromomethane mg/L --0.002
NDCarbon Tetrachloride mg/L 0.005 EPA Primary 0.001
NDChlorobenzene mg/L 0.1 EPA Primary 0.001
NDChloroethane mg/L --0.002
NDChloromethane mg/L --0.002
NDcis-1,2-Dichloroethene mg/L 0.07 EPA Primary 0.002
NDcis-1,3-Dichloropropene mg/L --0.002
NDDBCP mg/L --0.001
NDDibromomethane mg/L --0.002
NDDichlorodifluoromethane mg/L --0.002
NDDichloromethane mg/L 0.005 EPA Primary 0.002
NDEDB mg/L --0.001
NDEthylbenzene mg/L 0.7 EPA Primary 0.001
NDMethyl Tert Butyl Ether mg/L --0.004
NDMethyl-Ethyl Ketone mg/L --0.01
Status Contaminant Results Units National Standards Min. Detection Level
Page 4 of 5 Sample: 956837Product: Watercheck2/13/2024 9:50:20 AM
NDStyrene mg/L 0.1 EPA Primary 0.001
NDTetrachloroethene mg/L 0.005 EPA Primary 0.002
NDTetrahydrofuran mg/L --0.01
NDToluene mg/L 1 EPA Primary 0.001
NDtrans-1,2-Dichloroethene mg/L 0.1 EPA Primary 0.002
NDtrans-1,3-Dichloropropene mg/L --0.002
NDTrichloroethene mg/L 0.005 EPA Primary 0.001
NDTrichlorofluoromethane mg/L --0.002
NDVinyl Chloride mg/L 0.002 EPA Primary 0.001
NDXylenes (Total)mg/L 10 EPA Primary 0.001
We certify that the analyses performed for this report are accurate, and that the laboratory tests were conducted by methods
approved by the U.S. Environmental Protection Agency or variations of these EPA methods.
These test results are intended to be used for informational purposes only and may not be used for regulatory compliance.
National Testing Laboratories, Ltd.
556 South Mansfield Street • Ypsilanti • Michigan •
Status Contaminant Results Units National Standards Min. Detection Level
Page 5 of 5 Sample: 956837Product: Watercheck2/13/2024 9:50:20 AM
1
matt@coloradoplanning.com
From:Sullivan - DNR, Megan <megan.sullivan@state.co.us>
Sent:Wednesday, November 29, 2023 12:23 PM
To:matt@coloradoplanning.com
Subject:askDWR: questions regarding non-exempt residential wells
Attachments:Beginners Guide to Augmentation Plans for Wells.pdf
Good afternoon Matt,
This email is in response to your askDWR inquiry regarding a proposed three lot subdivision in Garfield County where
the lots would be supplied by individual wells.
You indicated that there is an existing well currently operating under well permit 106071, which is proposed to supply
one of the lots and new wells will be constructed for the other two lots. The property is located in an area where the
stream system is considered to be over-appropriated. For new subdivisions of land in over-appropriated areas, all wells,
including any existing wells, within the boundaries of the subdivision must operate under a plan for augmentation to
offset the impact of the wells on surrounding water rights. The only exception to this requirement allowed by statute is
for wells issued pursuant to a specific statute that grants a presumption of no injury. However, for this specific proposal,
the existing well's permit was not issued under this presumption of non-injury. So, in order to use this well to supply
one of the lots, the well must be re-permitted under a different (non-exempt) permit and must also operate under a
plan for augmentation.
It does appear that the property is located within the Basalt Water Conservancy District and the District operates an
umbrella augmentation plan where they contract with individuals to provide an augmentation supply. I would
recommend that you contact the District to confirm that the property is located within their umbrella plan service area
and if so, what the process would be to obtain a contract for all three wells. The only other option for an augmentation
plan is an individual augmentation plan. I have attached a general overview of augmentation plans for your
reference. As indicated in the guide, development of an individual augmentation plan is a complex process
that typically requires the services of a water resources engineer and/or water rights attorney.
Regards,
Megan Sullivan
--
Megan Sullivan, P.E.
Water Resource Engineer
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1
matt@coloradoplanning.com
From:Eric Mangeot <eric.mangeot@lrewater.com>
Sent:Tuesday, November 28, 2023 4:49 PM
To:matt@coloradoplanning.com
Cc:BWCD.info@gmail.com
Subject:Re: Contact Us Form Submission from the Website
Matt,
Based on my recent experience with other contractees for Garfield County approvals, your client will need to have proof
of both a physical and legal water supply. As you are aware, the BWCD water allotment contract will be the basis for the
legal water supply. My understanding is that your client will need to go through the process of obtaining a contract
with the District and if the Minor Subdivision is not approved, then the contract can be cancelled. I can verify that the
property is within Division 6 and Area A of the District and as such is eligible for inclusion into the District's 02CW77
Umbrella Plan for Augmentation. You can always check with the County if they could approve the Minor
Subdivision with the condition that a BWCD contract is obtained, but it has been my experience they will
not. Regardless, I cannot write a formal letter for you without the application and application fee.
Feel free to contact me if you would like to discuss further.
Eric F. Mangeot, P.E.
Senior Project Manager
Office: 970-945-6777
Eric.Mangeot@LREwater.com
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909 Colorado Avenue, Glenwood Springs, CO 81601
**CONFIDENTIALITY NOTICE:
This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized
review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and
destroy all copies of the original message. Thank you.
On Tue, Nov 28, 2023 at 12:41 PM Matt Farrar <matt@coloradoplanning.com> wrote:
To whom it may concern:
I am working with a client on a Minor Subdivision in Garfield County. If approved, the Minor Subdivision will subdivide
an existing 7.9-acres parcel into three (3) lots. The existing parcel (parcel no. 239133300001) is located at 17450
Highway 82, Carbondale, CO 81623. It appears that the property is within the Basalt Water Conservancy District
(BWCD) and is located in either Division 5 or 6.
There is an existing well (permit no. 106071-) on the property that will be used for one (1) of the lots. It is my
understanding that we will need to obtain non-exempt residential well permits for the two (2) lots that do not currently
have wells. It is also my understanding that in order to apply for these non-exempt residential well permits, we will
need to obtain an augmentation plan/contract from the BWCD. I have reached out to the Division of Water Resources
to confirm this.
2
Assuming that an augmentation plan/contract is required for the two (2) non-exempt residential well permits, I'm
wondering if it would be possible to obtain a letter from the BWCD stating that the property is within district and
eligible for applying for a contract/augmentation plan. I understand that there is no guarantee that an application for a
contract/augmentation plan will be approved.
My hope is to work with my client to submit an application for a contract/augmentation plan after the Minor
Subdivision is approved so that my client doesn't have to pay the applicable fees to the BWCD prior to knowing
whether the Minor Subdivision will be approved or denied. Therefore, it would be helpful for us to be able to include a
letter from the BWCD in the Minor Subdivision application stating that the property is in the district and eligible to
apply for a contract/augmentation plan.
Should you have any questions, please feel free to contact me.
Thanks,
Matt Farrar
- Matt Farrar ( matt@coloradoplanning.com )
R3 Traffic Section, Access Unit
222 S 6th St, Rm 100
Grand Junction, CO 81501
PH (970) 683-6284 FAX (970) 683-6290
222 S. Sixth St., Rm 100, Grand Junction, Colorado 81501 P (970) 683-6270 F – https://codot.gov/accesspermits
<<< E-mailed>>>
December 18, 2023
Diane Bauldridge
101 Fox Prowl Lane
Carbondale, Colorado 81623
Re: State Highway Access Permit No. 323154, located in Garfield County on Highway 082A near
Mile Marker Reference Pt. 17.133 Left
Dear Permittee,
The Colorado Department of Transportation (CDOT) has received your signed permit and
application fee. A copy of the issued permit is enclosed. CDOT has issued a Notice to Proceed for
this permit since the permit does not require any additional construction of the access. Please
keep a copy of the access permit and the notice to proceed for your files.
If you have any questions or need more information, please contact me at 970-683-6270.
Respectfully,
Kandis Aggen, Region 3 Asst. Access Manager
Cc: File
COLORADO DEPARTMENT OF TRANSPORTATION CDOT Permit No.
323154
STATE HIGHWAY ACCESS CODE State Highway/Mile Post/Side
082A / 17.133 / Left
NOTICE TO PROCEED Local Jurisdiction
Carbondale
Permittee(s):
Diane Bauldridge
101 Fox Prowl Lane
Carbondale, Colorado 81623
Applicant:
Sopris Engineering LLC
502 Main St, Ste A-3
Carbondale, Colorado 81623
(970) 704-0311
The permittee is hereby authorized to continue or proceed with access use within state highway right-of-way in
accordance with the above referenced State Highway Access Permit and this Notice to Proceed for No New
Construction.
This Notice to Proceed is conditional as described to items listed below. If conditions are violated then this permit
may be revoked.
1. NO NEW CONSTRUCTION REQUIRED
Municipality or County Approval (When the appropriate local authority retains issuing authority)
By
(X)
Title Date
This Notice is not valid until signed by a duly authorized representative of the Department
Colorado Department of Transportation
By
(X)
Title
Date
Copy distribution: Required: Make copies as necessary for: Form 1265 8/98, 6/99
Region (original) Local Authority Inspector
Applicant MTCE Patrol Traffic Engineer
Staff Access Section
Asst. Access Manager 12/18/2023
R3 Traffic Section, Access Unit
222 S 6th St, Rm 100
Grand Junction, CO 81501
PH (970) 683-6284 FAX (970) 683-6290
R3 Traffic Section, Access Unit, 222 S. 6th Street, Rm 100, Grand Junction, CO 81501 PH (970) 683-6284 www.codot.gov
<<<<< e-mailed >>>>>
December 11, 2023 Permit No. 323154
Diane Bauldridge
101 Fox Prowl Lane
Carbondale, Colorado 81623
Dear Permittee:
1. Please review the attached State Highway Access Permit (Form #101) and all enclosed attachments
2. If you ACCEPT the Permit and its Terms and Conditions (and are authorized to sign as legal owner of
the property, or as an authorized representative), please complete the DocuSign process within 60
days of the transmittal date on the permit. Your signature confirms your agreement to all the listed
Terms and Conditions.
3. If you fail to complete the DocuSign within 60 days, the Colorado Department of Transportation
(CDOT) will consider this permit withdrawn.
4. You may use the PayPal link to pay for this permit or send a check or money order made payable to
“CDOT” for the total amount due of $50.00 to our office.
5. If you wish to APPEAL the Terms and Conditions of the permit, please refer to the attached Form
101, Pages 2 and 3 for an explanation of the appeal procedures.
6. As described in the additional attached Terms and Conditions, you must make a written request to
obtain a Notice to Proceed. DO NOT begin any work within the State Highway Right-of-Way without
a validated Access Permit and Notice to Proceed. Use of this permit without the Colorado Department
of Transportation’s validation shall be considered a violation of State Law.
If you have any questions please call Kandis Aggen, Asst. Access Manager, at (970) 683-6270 or Brian
Killian, Region 3 Access Program Manager, at (970) 683-6284.
If you choose to return the signed permit and/or check by mail, please send to:
Region 3 Access Unit
Attn: Kandis Aggen, Asst. Access Manager
222 S 6th St, Rm 100
Grand Junction, CO 81501
DocuSign Envelope ID: 587918B6-C0A5-4261-B214-6F0D436C5D84
COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS PERMIT
CDOT Permit No. 323154
State Highway No / Mp / Side
082A / 17.133 / Left
Permit Fee
$50.00
Date of Transmittal
12/11/2023
Region / Section / Patrol / Name
3 / 02 / 2K16 Jeffrey Lewis Local Jurisdiction
Carbondale
The Permittee(s):
Diane Bauldridge
101 Fox Prowl Lane
Carbondale, Colorado 81623
The Applicant(s):
Sopris Engineering LLC
502 Main St, Ste A-3
Carbondale, Colorado 81623
is hereby granted permission to have an access to the state highway at the location noted below. The access shall be constructed, maintained and used in
accordance with this permit, including the State Highway Access Code and any attachments, terms, conditions and exhibits. This permit may be revoked
by the Issuing Authority if at any time the permitted access and its use violate any parts of this permit. The issuing authority, the Department and their duly
appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of
the permit.
Location: Located on the north side of the Hwy 082 south frontage road approximately 1720 feet east of Flying Fish Rd. Also known as
17455 Hwy 82 Access Rd. (Long. 39.402720, Lat. -107.123127)
Access to Provide Service to: (Land Use Code) (Size) (Units)
210 - Single-Family Detached Housing (1 each) with ADU (1 each) 2 DHV
Additional Information:
MUNICIPALITY OR COUNTY APPROVAL
Required only when the appropriate local authority retains issuing authority.
Signature
Print Name
Date
Title
Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained
herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from
Initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to
being used.
The permittee shall notify Mike Bosshardt 2K4 with the Colorado Department of Transportation, at at least 48
hours prior to commencing construction within the State Highway right-of-way.
The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to
accept the permit and its terms and conditions.
Permittee Signature:
Print Name Date
Co-Permittee Signature: (if applicable)
Print Name Date
This permit is not valid until signed by a duly authorized representative of the Department.
COLORADO DEPARTMENT OF TRANSPORTATION
Signature Print Name Title
Date (of issue)
Copy Distribution: Required:
1.Region 3.Staff Access Section
2.Applicant 4.Central Files
Make copies as necessary for: Previous editions are obsolete and may not be used
Local Authority Inspector Page 1 of 3 CDOT Form #101 5/07
MTCE Patrol Traffic Engineer
\s1\ \n1\ \d1\
\s2\ \n2\ \t2\ \d2\
DocuSign Envelope ID: 587918B6-C0A5-4261-B214-6F0D436C5D84
aiane _auldridge NOLNPLOMOP | 4WR9 Aj mpq
NOLNULOMOP | NWNR mj mpqAsst. Access janagerhandis Aggen
State Highway Access Permit
Form 101, Page 2
The following paragraphs are excerpts of the State Highway
Access Code. These are provided for your convenience but
do not alleviate compliance with all sections of the Access
Code. A copy of the State Highway Access Code is available
from your local issuing authority (local government) or the
Colorado Department of Transportation (Department).
When this permit was issued, the issuing authority made its
decision based in part on information submitted by the
applicant, on the access category which is assigned to the
highway, what alternative access to other public roads and
streets is available, and safety and design standards.
Changes in use or design not approved by the permit or the
issuing authority may cause the revocation or suspension of
the permit.
APPEALS
1. Should the permittee or applicant object to the denial of
a permit application by the Department or object to any of the
terms or conditions of a permit placed there by the
Department, the applicant and permittee (appellant) have a
right to appeal the decision to the [Transportation]
Commission [of Colorado]. To appeal a decision, submit a
request for administrative hearing to the Transportation
Commission of Colorado within 60 days of transmittal of
notice of denial or transmittal of the permit for signature.
Submit the request to the Transportation Commission of
Colorado, 4201 East Arkansas Avenue, Denver, Colorado
80222-3400. The request shall include reasons for the
appeal and may include changes, revisions, or conditions
that would be acceptable to the permittee or applicant.
2. Any appeal by the applicant or permittee of action by a
local issuing authority shall be filed with the local authority
and be consistent with the appeal procedures of the local
authority.
3. In submitting the request for administrative hearing, the
appellant has the option of including within the appeal a
request for a review by the Department’s internal
administrative review committee pursuant to [Code]
subsection 2.10. When such committee review is requested,
processing of the appeal for formal administrative hearing,
2.9(5) and (6), shall be suspended until the appellant notifies
the Commission to proceed with the administrative hearing,
or the appellant submits a request to the Commission or the
administrative law judge to withdraw the appeal. The two
administrative processes, the internal administrative review
committee, and the administrative hearing, may not run
concurrently.
4. Regardless of any communications, meetings,
administrative reviews or negotiations with the Department
or the internal administrative review Committee regarding
revisions or objections to the permit or a denial, if the
permittee or applicant wishes to appeal the Department's
decision to the Commission for a hearing, the appeal must
be brought to the Commission within 60 days of transmittal
of notice of denial or transmittal of the permit.
PERMIT EXPIRATION
1. A permit shall be considered expired if the access is not
under construction within one year of the permit issue date
or before the expiration of any authorized extension. When
the permittee is unable to commence construction within one
year after the permit issue date, the permittee may request a
one year extension from the issuing authority. No more than
two one-year extensions may be granted under any
circumstances. If the access is not under construction within
three years from date of issue the permit will be considered
expired. Any request for an extension must be in writing and
submitted to the issuing authority before the permit expires.
The request should state the reasons why the extension is
necessary, when construction is anticipated, and include a
copy of page 1 (face of permit) of the access permit.
Extension approvals shall be in writing. The local issuing
authority shall obtain the concurrence of the Department
prior to the approval of an extension, and shall notify the
Department of all denied extensions within ten days. Any
person wishing to reestablish an access permit that has
expired may begin again with the application procedures. An
approved Notice to Proceed, automatically renews the
access permit for the period of the Notice to Proceed.
CONSTRUCTION
1. Construction may not begin until a Notice to Proceed is
approved. (Code subsection 2.4]
2. The construction of the access and its appurtenances as
required by the terms and conditions of the permit shall be
completed at the expense of the permittee except as
provided in subsection 2.14. All materials used in the
construction of the access within the highway right-of-way or
on permanent easements, become public property. Any
materials removed from the highway right-of-way will be
disposed of only as directed by the Department. All fencing,
guard rail, traffic control devices and other equipment and
materials removed in the course of access construction shall
be given to the Department unless otherwise instructed by
the permit or the Department inspector.
3. The permittee shall notify the individual or the office
specified on the permit or Notice to Proceed at least two
working days prior to any construction within state highway
right-of-way. Construction of the access shall not proceed
until both the access permit and the Notice to Proceed are
issued. The access shall be completed in an expeditious and
safe manner and shall be finished within 45 days from
initiation of construction within the highway right-of-way. A
construction time extension not to exceed 30 working days
may be requested from the individual or office specified on
the permit.
4. The issuing authority and the Department may inspect
the access during construction and upon completion of the
access to ensure that all terms and conditions of the permit
are met. Inspectors are authorized to enforce the conditions
of the permit during construction and to halt any activities
within state right-of-way that do not comply with the
provisions of the permit, that conflict with concurrent highway
construction or maintenance work, that endanger highway
property, natural or cultural resources protected by law, or
the health and safety of workers or the public.
\i1\
DocuSign Envelope ID: 587918B6-C0A5-4261-B214-6F0D436C5D84
5. Prior to using the access, the permittee is required to
complete the construction according to the terms and
conditions of the permit. Failure by the permittee to abide by
all permit terms and conditions shall be sufficient cause for
the Department or issuing authority to initiate action to
suspend or revoke the permit and close the access. If in the
determination of the Department or issuing authority the
failure to comply with or complete the construction
requirements of the permit create a highway safety hazard,
such shall be sufficient cause for the summary suspension
of the permit. If the permittee wishes to use the access prior
to completion, arrangements must be approved by the
issuing authority and Department and included in the permit.
The Department or issuing authority may order a halt to any
unauthorized use of the access pursuant to statutory and
regulatory powers. Reconstruction or improvement of the
access may be required when the permittee has failed to
meet required specifications of design or materials. If any
construction element fails within two years due to improper
construction or material specifications, the permittee shall be
responsible for all repairs. Failure to make such repairs may
result in suspension of the permit and closure of the access.
6. The permittee shall provide construction traffic control
devices at all times during access construction, in
conformance with the M.U.T.C.D. as required by section 42-
4-104, C.R.S., as amended.
7. A utility permit shall be obtained for any utility work within
highway right-of-way. Where necessary to remove, relocate,
or repair a traffic control device or public or private utilities for
the construction of a permitted access, the relocation,
removal or repair shall be accomplished by the permittee
without cost to the Department or issuing authority, and at
the direction of the Department or utility company. Any
damage to the state highway or other public right-of-way
beyond that which is allowed in the permit shall be repaired
immediately. The permittee is responsible for the repair of
any utility damaged in the course of access construction,
reconstruction or repair.
8. In the event it becomes necessary to remove any right-
of-way fence, the posts on either side of the access shall be
securely braced with an approved end post before the fence
is cut to prevent any slacking of the remaining fence. All
posts and wire removed are Department property and shall
be turned over to a representative of the Department.
9. The permittee shall ensure that a copy of the permit is
available for review at the construction site at all times. The
permit may require the contractor to notify the individual or
office specified on the permit at any specified phases in
construction to allow the field inspector to inspect various
aspects of construction such as concrete forms, subbase,
base course compaction, and materials specifications. Minor
changes and additions may be ordered by the Department
or local authority field inspector to meet unanticipated site
conditions.
10. Each access shall be constructed in a manner that shall
not cause water to enter onto the roadway or shoulder, and
shall not interfere with the existing drainage system on the
right-of-way or any adopted municipal system and drainage
plan.
11. By accepting the permit, permittee agrees to save,
indemnify, and hold harmless to the extent allowed by law,
the issuing authority, the Department, its officers, and
employees from suits, actions, claims of any type or
character brought because of injuries or damage sustained
by any person resulting from the permittee's use of the
access permit during the construction of the access.
CHANGES IN ACCESS USE AND PERMIT VIOLATIONS
1. It is the responsibility of the property owner and
permittee to ensure that the use of the access to the property
is not in violation of the Code, permit terms and conditions or
the Act. The terms and conditions of any permit are binding
upon all assigns, successors-in-interest, heirs and
occupants. If any significant changes are made or will be
made in the use of the property which will affect access
operation, traffic volume and or vehicle type, the permittee or
property owner shall contact the local issuing authority or the
Department to determine if a new access permit and
modifications to the access are required.
2. When an access is constructed or used in violation of
the Code, section 43-2-147(5)(c), C.R.S., of the Act applies.
The Department or issuing authority may summarily suspend
an access permit and immediately order closure of the
access when its continued use presents an immediate threat
to public health, welfare or safety. Summary suspension
shall comply with article 4 of title 24, C.R.S.
MAINTENANCE
1. The permittee, his or her heirs, successors-in-interest,
assigns, and occupants of the property serviced by the
access shall be responsible for meeting the terms and
conditions of the permit, the repair and maintenance of the
access beyond the edge of the roadway including any cattle
guard and gate, and the removal or clearance of snow or ice
upon the access even though deposited on the access in the
course of Department snow removal operations. Within
unincorporated areas the Department will keep access
culverts clean as part of maintenance of the highway
drainage system. However, the permittee is responsible for
the repair and replacement of any access-related culverts
within the right-of-way. Within incorporated areas, drainage
responsibilities for municipalities are determined by statute
and local ordinance. The Department will maintain the
roadway including auxiliary lanes and shoulders, except in
those cases where the access installation has failed due to
improper access construction and/or failure to follow permit
requirements and specifications in which case the permittee
shall be responsible for such repair. Any significant repairs
such as culvert replacement, resurfacing, or changes in
design or specifications, requires authorization from the
Department.
Form 101, Page 3
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DocuSign Envelope ID: 587918B6-C0A5-4261-B214-6F0D436C5D84
STATE of COLORADO HIGHWAY ACCESS PERMIT
ADDITIONAL TERMS and CONDITIONS
December 11, 2023 PERMIT No. 323154
Permittee(s): Diane Bauldridge
Location: Garfield County on CO Highway 082A, near Mile Ref. Pt. 17.133 Left
1. This permitted access is only for the use and purpose stated in the Application and Permit. This
Permit is issued in accordance with the State Highway Access Code (2 CCR 601-1), hereafter
referred to as the “Access Code”, and is based in part upon the information submitted by the
Permittee. Any subsequent relocation, reconstruction, modifications, the type of traffic using the
access or 20% increase in volume to the access shall require a new application and coordination
with Colorado Department of Transportation, hereafter referred to as “CDOT”. Any changes causing
non-compliance with the Access Code may render this permit void, requiring a new permit.
2. This permit replaces any and all additional access permits that may be in existence for this access.
3. This permit is for an as-constructed access for single-family residential (1 each) with additional
dwelling unit (1 each) use.
4. The total traffic volume shall be 2 DHV (Design Hourly Volume).
5. The Highway Access Category is FR.
6. This access shall have a full-turning movement.
7. The Permittee is responsible for obtaining any necessary additional Federal, State and/or
City/County permits or clearance. Approval of this access permit does not constitute verification
of this action by the Permittee. Permittee is also responsible for obtaining all necessary utility
permits in addition to this access permit.
8. No drainage from this site shall enter onto the State Highway travel lanes. The Permittee is
required to maintain all drainage in excess of historical flows and time of concentration on site.
All existing drainage structures shall be extended, modified or upgraded, as applicable, to
accommodate all new construction and safety standards, in accordance with the Department’s
standard specifications.
9. Nothing in this permit shall prohibit the Chief Engineer from exercising the right granted in CRS 43-
3-102—including, but not limited to, restricting left hand turns by construction of physical medial
separations.
10. It shall be the responsibility of the Permittee to maintain adequate sight distance for this driveway.
It is the sole responsibility of the Permittee to trim and/or remove vegetation (i.e.: weeds, grass,
shrubs and trees) to maintain adequate sight distance.
11. The permittee, his or her heirs, successors-in-interest, assigns, and occupants of the property
serviced by the access shall be responsible for meeting the terms and conditions of this permit, the
repair and maintenance of the access beyond the edge of the roadway including any cattle guard
and gate, and the removal or clearance of snow or ice upon the access even though deposited on
the access in the course of Department snow removal operations. Within unincorporated areas, the
Department will keep access culverts clean as part of maintenance of the highway drainage system.
However, the permittee is responsible for the repair and replacement of any access-related
culverts within the right-of-way. Within incorporated areas, drainage responsibilities for
municipalities are determined by statute and local ordinance. The Department will maintain the
roadway including auxiliary lanes and shoulders, except in those cases where the access installation
has failed due to improper access construction and/or failure to follow permit requirements and
specifications in which case the permittee shall be responsible for such repair. Any significant
DocuSign Envelope ID: 587918B6-C0A5-4261-B214-6F0D436C5D84
STATE of COLORADO HIGHWAY ACCESS PERMIT
ADDITIONAL TERMS and CONDITIONS
December 11, 2023 PERMIT No. 323154
Permittee(s): Diane Bauldridge
Location: Garfield County on CO Highway 082A, near Mile Ref. Pt. 17.133 Left
repair such as culvert replacement, resurfacing, or changes in design or specifications, requires
authorization from the Department.
12. All costs associated with any type of utility work will be at the sole responsibility and cost of the
Permittee and at no cost to CDOT.
13. Any current or proposed cattle guard shall be maintained fully within the property boundaries and
all repairs are the sole responsibility of the property owner.
14. No additional accesses will be granted for these parcels or any future parcels as a result of splitting
or dividing land. All accesses to newly created parcels shall be provided internally from this access.
15. Backing maneuvers within and onto the state highway right-of-way are strictly prohibited. All
vehicles shall enter and exit the highway right-of-way in a forward movement. Backing into the
right-of-way shall be considered a violation of the Terms and Conditions of the Access Permit and
may result in the revocation of the permit by CDOT and/or Issuing Authority.
16. The Permittee assumes responsibility for any and all easements that are associated with this
access. If an easement is part of this access permit, CDOT shall not be liable for incorrect
information in the easement documentation and it’s the permittees responsibility to ensure all
applicable laws and regulations have been followed.
DocuSign Envelope ID: 587918B6-C0A5-4261-B214-6F0D436C5D84
Region 3 Traffic, Access Unit
222 S 6th St, Rm 100
Grand Junction, CO 81501
PH 970-683-6284 FAX 970-683-6290
222 S. Sixth St., Room 100, Grand Junction, Colorado 81501 PH (970) 683-6284 FAX (970) 683-6290 www.codot.gov
Page 1 of 2
<<< E-mailed>>>
December 18, 2023
Diane Bauldridge
101 Fox Prowl Lane
Carbondale, Colorado 81623
Re: State Highway Access Permit No. 323155, located in Garfield County on Highway 082 near Mile
Marker Reference Pt. 17.234 Left
Dear Applicant/Permittee:
The Colorado Department of Transportation (CDOT) has received your signed permit and application fee.
A copy of the issued permit is enclosed. This permit is valid for one year from the date of issue. If
construction does not occur within the first year, the Applicant/Permittee may request in writing, an
extension for another year. This permit may be extended twice for a total of two (2) additional years. If
construction does not occur within the third year, a new application shall be submitted and the permit
process shall begin again.
The next step in the CDOT access permitting process is for you, Applicant/Permittee, to request a Notice
to Proceed (NTP) from CDOT. You may NOT proceed with any construction without receiving an
approved Notice to Proceed (NTP) from CDOT. Failure of receiving a Notice to Proceed prior to any
construction will be a violation of the State Highway Access Code (2 CCR 601-1,”the Code”) § 2.4.
The Applicant/Permittee shall request a NTP in writing along with all required items. Once the complete
NTP submittal has been received, CDOT has seven (7) days to determine if the NTP submittal is complete
for review and then, if necessary, notify the applicant of any deficiencies. If complete, CDOT will review
and comment on the submitted information within thirty (30) days. If CDOT determines the information
is unacceptable, missing, or in need of correction, the Applicant/Permittee shall correct their submittal
and resubmit the complete request for NTP.
Once resubmitted, CDOT will review the revised NTP documents within ten (10) days. If the revised
documents are satisfactory, CDOT will issue a NTP. If further corrections are necessary, the cycle of
submittal, review and comments will repeat itself until approval is granted and the NTP is issued.
Notice to Proceed Requirements
The request for NTP shall include the following documents, along with any other items specified in the
Terms and Conditions of your permit:
1) Written Request for Notice to Proceed
Well in advance of construction, the Permittee shall make a written request for a Notice to Proceed
(NTP) to Nick Nordquist, Access Project Manager. If applicable please include the engineering firm
name, Professional Engineer’s name, and their contact numbers. Request may be sent to: 222 S.
6th St, Rm 100, Grand Junction, CO 81501 (or by email to nicholas.nordquist@state.co.us). He may
also be reached by phone at: (970) 683-6280.
222 S. Sixth St., Room 100, Grand Junction, Colorado 81501 PH (970) 683-6284 FAX (970) 683-6290 www.codot.gov
Page 2 of 2
2) Complete Construction Plans
The Applicant shall provide two (2) hard copies and one (1) electronic copy of 11X17 construction
plans and specifications for the proposed improvements. The plans shall:
A. Include the name of the Engineering firm and/or the Professional Engineer with their contact
information; and
B. Address (as applicable) the geometry, striping, signing, and signalization; and
C. Include (but not be limited to) the layout of the access, highway improvements, utility
locations, existing and proposed drainage, existing and proposed right-of-way lines, existing
and proposed traffic control devices, and a clear zone analysis; and
D. Conform to the requirement of the permit’s “Terms and Conditions”; and
E. If applicable include the following statement on the cover page of the plans: “This design is in
full compliance with Section 4 of the State Highway Access Code, 2 CCR 601-1 except for the
following approved design waivers:”
3) Insurance Liability Certification
The Applicant or contractor shall be required to provide a comprehensive general liability and
property damage insurance for the period of access construction. As per the State Access Code,
Section 2 (11)(i), the certificate shall name CDOT, and the local Issuing Authority (if applicable) as
an additional insured party for general liability in the amounts of not less than $1,000,000 per
occurrence and automobile liability insurance of $1,000,000 with combined single limit bodily
injury and property damage for each accident. The additional insured(s) must be noted as such,
not just “Certificate Holders”.
4) Traffic Control Plan (TCP)
The traffic control plan must be:
A. Comply with CDOT Standard Plans Manual for Maintenance and Signing; and
B. Be consistent with the MUTCD, identifying the type, number and spacing for all devices; and
C. Be prepared by individual with American Traffic Safety Services Association (ATSSA) or
Colorado Contractors Association certification – or sealed (stamped) by a Colorado registered
professional engineer; and
D. Be acceptable to CDOT prior to any construction within the right-of-way; and
E. Be presented in a manner that provides a method of handling traffic (MHT) for each different
phase of construction; and
F. Describe the MHT according to the proposed construction phasing and include dimensioned
diagrams of work zone elements, with the final traffic control plan submitted a minimum of
three working days in advance of construction. (Such plans may be revised as necessary
with CDOT concurrence.)
If you have any questions regarding the process or the required documents, please contact me at 970-
683-6270 or Nick Nordquist, Project Manager at nicholas.nordquist@state.co.us or 970-683-6280.
Respectfully,
Kandis Aggen, Region 3 Asst. Access Manager
Cc: Nick Nordquist, Project Manager
File
R3 Traffic Section, Access Unit
222 S 6th St, Rm 100
Grand Junction, CO 81501
PH (970) 683-6284 FAX (970) 683-6290
R3 Traffic Section, Access Unit, 222 S. 6th Street, Rm 100, Grand Junction, CO 81501 PH (970) 683-6284 www.codot.gov
<<<<< e-mailed >>>>>
December 11, 2023 Permit No. 323155
Diane Bauldridge
101 Fox Prowl Lane
Carbondale, Colorado 81623
Dear Permittee:
1. Please review the attached State Highway Access Permit (Form #101) and all enclosed attachments
2. If you ACCEPT the Permit and its Terms and Conditions (and are authorized to sign as legal owner of
the property, or as an authorized representative), please complete the DocuSign process within 60
days of the transmittal date on the permit. Your signature confirms your agreement to all the listed
Terms and Conditions.
3. If you fail to complete the DocuSign within 60 days, the Colorado Department of Transportation
(CDOT) will consider this permit withdrawn.
4. You may use the PayPal link to pay for this permit or send a check or money order made payable to
“CDOT” for the total amount due of $50.00 to our office.
5. If you wish to APPEAL the Terms and Conditions of the permit, please refer to the attached Form
101, Pages 2 and 3 for an explanation of the appeal procedures.
6. As described in the additional attached Terms and Conditions, you must make a written request to
obtain a Notice to Proceed. DO NOT begin any work within the State Highway Right-of-Way without
a validated Access Permit and Notice to Proceed. Use of this permit without the Colorado Department
of Transportation’s validation shall be considered a violation of State Law.
If you have any questions please call Kandis Aggen, Asst. Access Manager, at (970) 683-6270 or Brian
Killian, Region 3 Access Program Manager, at (970) 683-6284.
If you choose to return the signed permit and/or check by mail, please send to:
Region 3 Access Unit
Attn: Kandis Aggen, Asst. Access Manager
222 S 6th St, Rm 100
Grand Junction, CO 81501
DocuSign Envelope ID: C8A5943A-D358-4AEB-AEE5-7E72B104E34E
COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS PERMIT
CDOT Permit No. 323155
State Highway No / Mp / Side
082A / 17.234 / Left
Permit Fee
$50.00
Date of Transmittal
12/11/2023
Region / Section / Patrol / Name
3 / 02 / 2K16 Jeffrey Lewis Local Jurisdiction
Carbondale
The Permittee(s):
Diane Bauldridge
101 Fox Prowl Lane
Carbondale, Colorado 81623
The Applicant(s):
Sopris Engineering LLC
502 Main St, Ste A-3
Carbondale, Colorado 81623
is hereby granted permission to have an access to the state highway at the location noted below. The access shall be constructed, maintained and used in
accordance with this permit, including the State Highway Access Code and any attachments, terms, conditions and exhibits. This permit may be revoked
by the Issuing Authority if at any time the permitted access and its use violate any parts of this permit. The issuing authority, the Department and their duly
appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of
the permit.
Location: Located on the north side of the Hwy 082 south frontage road approximately 2260 feet east of Flying Fish Rd. (Long.
39.402720, Lat. -107.123127)
Access to Provide Service to: (Land Use Code) (Size) (Units)
210 - Single-Family Detached Housing (2 each) with ADU (2 each) 4 DHV
Additional Information:
Recorded easement for shared access required for Notice to Proceed
MUNICIPALITY OR COUNTY APPROVAL
Required only when the appropriate local authority retains issuing authority.
Signature
Print Name
Date
Title
Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained
herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from
Initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to
being used.
The permittee shall notify Mike Bosshardt 2K4 with the Colorado Department of Transportation, at at least 48
hours prior to commencing construction within the State Highway right-of-way.
The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to
accept the permit and its terms and conditions.
Permittee Signature:
Print Name Date
Co-Permittee Signature: (if applicable)
Print Name Date
This permit is not valid until signed by a duly authorized representative of the Department.
COLORADO DEPARTMENT OF TRANSPORTATION
Signature Print Name Title
Date (of issue)
Copy Distribution: Required:
1.Region 3.Staff Access Section
2.Applicant 4.Central Files
Make copies as necessary for: Previous editions are obsolete and may not be used
Local Authority Inspector Page 1 of 3 CDOT Form #101 5/07
MTCE Patrol Traffic Engineer
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State Highway Access Permit
Form 101, Page 2
The following paragraphs are excerpts of the State Highway
Access Code. These are provided for your convenience but
do not alleviate compliance with all sections of the Access
Code. A copy of the State Highway Access Code is available
from your local issuing authority (local government) or the
Colorado Department of Transportation (Department).
When this permit was issued, the issuing authority made its
decision based in part on information submitted by the
applicant, on the access category which is assigned to the
highway, what alternative access to other public roads and
streets is available, and safety and design standards.
Changes in use or design not approved by the permit or the
issuing authority may cause the revocation or suspension of
the permit.
APPEALS
1. Should the permittee or applicant object to the denial of
a permit application by the Department or object to any of the
terms or conditions of a permit placed there by the
Department, the applicant and permittee (appellant) have a
right to appeal the decision to the [Transportation]
Commission [of Colorado]. To appeal a decision, submit a
request for administrative hearing to the Transportation
Commission of Colorado within 60 days of transmittal of
notice of denial or transmittal of the permit for signature.
Submit the request to the Transportation Commission of
Colorado, 4201 East Arkansas Avenue, Denver, Colorado
80222-3400. The request shall include reasons for the
appeal and may include changes, revisions, or conditions
that would be acceptable to the permittee or applicant.
2. Any appeal by the applicant or permittee of action by a
local issuing authority shall be filed with the local authority
and be consistent with the appeal procedures of the local
authority.
3. In submitting the request for administrative hearing, the
appellant has the option of including within the appeal a
request for a review by the Department’s internal
administrative review committee pursuant to [Code]
subsection 2.10. When such committee review is requested,
processing of the appeal for formal administrative hearing,
2.9(5) and (6), shall be suspended until the appellant notifies
the Commission to proceed with the administrative hearing,
or the appellant submits a request to the Commission or the
administrative law judge to withdraw the appeal. The two
administrative processes, the internal administrative review
committee, and the administrative hearing, may not run
concurrently.
4. Regardless of any communications, meetings,
administrative reviews or negotiations with the Department
or the internal administrative review Committee regarding
revisions or objections to the permit or a denial, if the
permittee or applicant wishes to appeal the Department's
decision to the Commission for a hearing, the appeal must
be brought to the Commission within 60 days of transmittal
of notice of denial or transmittal of the permit.
PERMIT EXPIRATION
1. A permit shall be considered expired if the access is not
under construction within one year of the permit issue date
or before the expiration of any authorized extension. When
the permittee is unable to commence construction within one
year after the permit issue date, the permittee may request a
one year extension from the issuing authority. No more than
two one-year extensions may be granted under any
circumstances. If the access is not under construction within
three years from date of issue the permit will be considered
expired. Any request for an extension must be in writing and
submitted to the issuing authority before the permit expires.
The request should state the reasons why the extension is
necessary, when construction is anticipated, and include a
copy of page 1 (face of permit) of the access permit.
Extension approvals shall be in writing. The local issuing
authority shall obtain the concurrence of the Department
prior to the approval of an extension, and shall notify the
Department of all denied extensions within ten days. Any
person wishing to reestablish an access permit that has
expired may begin again with the application procedures. An
approved Notice to Proceed, automatically renews the
access permit for the period of the Notice to Proceed.
CONSTRUCTION
1. Construction may not begin until a Notice to Proceed is
approved. (Code subsection 2.4]
2. The construction of the access and its appurtenances as
required by the terms and conditions of the permit shall be
completed at the expense of the permittee except as
provided in subsection 2.14. All materials used in the
construction of the access within the highway right-of-way or
on permanent easements, become public property. Any
materials removed from the highway right-of-way will be
disposed of only as directed by the Department. All fencing,
guard rail, traffic control devices and other equipment and
materials removed in the course of access construction shall
be given to the Department unless otherwise instructed by
the permit or the Department inspector.
3. The permittee shall notify the individual or the office
specified on the permit or Notice to Proceed at least two
working days prior to any construction within state highway
right-of-way. Construction of the access shall not proceed
until both the access permit and the Notice to Proceed are
issued. The access shall be completed in an expeditious and
safe manner and shall be finished within 45 days from
initiation of construction within the highway right-of-way. A
construction time extension not to exceed 30 working days
may be requested from the individual or office specified on
the permit.
4. The issuing authority and the Department may inspect
the access during construction and upon completion of the
access to ensure that all terms and conditions of the permit
are met. Inspectors are authorized to enforce the conditions
of the permit during construction and to halt any activities
within state right-of-way that do not comply with the
provisions of the permit, that conflict with concurrent highway
construction or maintenance work, that endanger highway
property, natural or cultural resources protected by law, or
the health and safety of workers or the public.
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5. Prior to using the access, the permittee is required to
complete the construction according to the terms and
conditions of the permit. Failure by the permittee to abide by
all permit terms and conditions shall be sufficient cause for
the Department or issuing authority to initiate action to
suspend or revoke the permit and close the access. If in the
determination of the Department or issuing authority the
failure to comply with or complete the construction
requirements of the permit create a highway safety hazard,
such shall be sufficient cause for the summary suspension
of the permit. If the permittee wishes to use the access prior
to completion, arrangements must be approved by the
issuing authority and Department and included in the permit.
The Department or issuing authority may order a halt to any
unauthorized use of the access pursuant to statutory and
regulatory powers. Reconstruction or improvement of the
access may be required when the permittee has failed to
meet required specifications of design or materials. If any
construction element fails within two years due to improper
construction or material specifications, the permittee shall be
responsible for all repairs. Failure to make such repairs may
result in suspension of the permit and closure of the access.
6. The permittee shall provide construction traffic control
devices at all times during access construction, in
conformance with the M.U.T.C.D. as required by section 42-
4-104, C.R.S., as amended.
7. A utility permit shall be obtained for any utility work within
highway right-of-way. Where necessary to remove, relocate,
or repair a traffic control device or public or private utilities for
the construction of a permitted access, the relocation,
removal or repair shall be accomplished by the permittee
without cost to the Department or issuing authority, and at
the direction of the Department or utility company. Any
damage to the state highway or other public right-of-way
beyond that which is allowed in the permit shall be repaired
immediately. The permittee is responsible for the repair of
any utility damaged in the course of access construction,
reconstruction or repair.
8. In the event it becomes necessary to remove any right-
of-way fence, the posts on either side of the access shall be
securely braced with an approved end post before the fence
is cut to prevent any slacking of the remaining fence. All
posts and wire removed are Department property and shall
be turned over to a representative of the Department.
9. The permittee shall ensure that a copy of the permit is
available for review at the construction site at all times. The
permit may require the contractor to notify the individual or
office specified on the permit at any specified phases in
construction to allow the field inspector to inspect various
aspects of construction such as concrete forms, subbase,
base course compaction, and materials specifications. Minor
changes and additions may be ordered by the Department
or local authority field inspector to meet unanticipated site
conditions.
10. Each access shall be constructed in a manner that shall
not cause water to enter onto the roadway or shoulder, and
shall not interfere with the existing drainage system on the
right-of-way or any adopted municipal system and drainage
plan.
11. By accepting the permit, permittee agrees to save,
indemnify, and hold harmless to the extent allowed by law,
the issuing authority, the Department, its officers, and
employees from suits, actions, claims of any type or
character brought because of injuries or damage sustained
by any person resulting from the permittee's use of the
access permit during the construction of the access.
CHANGES IN ACCESS USE AND PERMIT VIOLATIONS
1. It is the responsibility of the property owner and
permittee to ensure that the use of the access to the property
is not in violation of the Code, permit terms and conditions or
the Act. The terms and conditions of any permit are binding
upon all assigns, successors-in-interest, heirs and
occupants. If any significant changes are made or will be
made in the use of the property which will affect access
operation, traffic volume and or vehicle type, the permittee or
property owner shall contact the local issuing authority or the
Department to determine if a new access permit and
modifications to the access are required.
2. When an access is constructed or used in violation of
the Code, section 43-2-147(5)(c), C.R.S., of the Act applies.
The Department or issuing authority may summarily suspend
an access permit and immediately order closure of the
access when its continued use presents an immediate threat
to public health, welfare or safety. Summary suspension
shall comply with article 4 of title 24, C.R.S.
MAINTENANCE
1. The permittee, his or her heirs, successors-in-interest,
assigns, and occupants of the property serviced by the
access shall be responsible for meeting the terms and
conditions of the permit, the repair and maintenance of the
access beyond the edge of the roadway including any cattle
guard and gate, and the removal or clearance of snow or ice
upon the access even though deposited on the access in the
course of Department snow removal operations. Within
unincorporated areas the Department will keep access
culverts clean as part of maintenance of the highway
drainage system. However, the permittee is responsible for
the repair and replacement of any access-related culverts
within the right-of-way. Within incorporated areas, drainage
responsibilities for municipalities are determined by statute
and local ordinance. The Department will maintain the
roadway including auxiliary lanes and shoulders, except in
those cases where the access installation has failed due to
improper access construction and/or failure to follow permit
requirements and specifications in which case the permittee
shall be responsible for such repair. Any significant repairs
such as culvert replacement, resurfacing, or changes in
design or specifications, requires authorization from the
Department.
Form 101, Page 3
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STATE of COLORADO HIGHWAY ACCESS PERMIT
ADDITIONAL TERMS and CONDITIONS
December 11, 2023 PERMIT No. 323155
Permittee(s): Diane Bauldridge
Location: Garfield County on CO Highway 082A, near Mile Ref. Pt. 17.234 Left
1. This permitted access is only for the use and purpose stated in the application and permit. This
permit is issued in accordance with the State Highway Access Code (2 CCR 601-1), hereafter
referred to as the “Access Code”, and is based in part upon the information submitted by the
Permittee.
2. Any subsequent relocation, reconstruction, modifications, changes in the type of traffic using the
access or 20% increase in volume to the access shall require a new application and coordination
with Colorado Department of Transportation, hereafter referred to as “CDOT”. Any changes
causing non-compliance with the Access Code may render this permit void, requiring a new permit.
3. This permit replaces any and all additional access permits that may be in existence for this access.
4. This permit is for single-family residential (2 each) with additional dwelling unit (2 each) use.
5. The traffic volume shall be 4 DHV (Design Hourly Volume).
6. The Highway Access Category is FR.
7. This access shall have a full turning-movement.
8. This is a shared access and a copy of the easement is required for a Notice to Proceed.
9. This access shall be designed and constructed to CDOT’s standards.
10. A Notice to Proceed (NTP) is required before beginning construction on the access or any
activity within the highway right-of-way. To receive the NTP the applicant shall submit a
complete packet to CDOT (to Nick Nordquist - 970-683-6280, nicholas.nordquist@state.co.us)
with the following items:
(a) A cover letter or email requesting a NTP with the intended date to begin construction.
(b) Electronic copy of construction plans (11”x 17” with a minimum scale of 1” = 50’). This plan
set must be in full compliance with the State Highway Access Code. The plans shall provide the
contact information for the Design Engineer, if applicable, and the following items:
i) Plan view with driveway dimensions – turning radius, width, slope, gates, etc.
ii) Typical road section - existing and proposed sub base, base, pavement, and shoulder
dimensions.
iii) Centerline profile of the access/highway connection showing depths, driveway slope, etc.
(c) Certificate of Insurance for Liability as per Section 2.3(11)(i) of the State Highway Access Code,
naming CDOT on the face of the certificate as “an additional insured for general liability”;
(d) A certified Traffic Control Plan (TCP) in accordance with section 2.4(6) of the Access Code.
The TCP shall provide accessibility features to accommodate all pedestrians including persons
with disabilities for all pathways during construction.
11. This access shall be designed and re-constructed 16-18 feet wide. The turning radii shall be
designed and constructed to accommodate the largest vehicle(s) using the access on a daily basis,
and be 25 feet (at minimum) as per Section 4.6(2) of the Access Code.
DocuSign Envelope ID: C8A5943A-D358-4AEB-AEE5-7E72B104E34E
STATE of COLORADO HIGHWAY ACCESS PERMIT
ADDITIONAL TERMS and CONDITIONS
December 11, 2023 PERMIT No. 323155
Permittee(s): Diane Bauldridge
Location: Garfield County on CO Highway 082A, near Mile Ref. Pt. 17.234 Left
12. The horizontal axis of the access to the state highway shall be constructed perpendicular to the
centerline of the highway and extend from the edge of the roadway a minimum distance of 40 feet,
or to the property line, whichever is greater. This design shall be in conformance with section
4.9(4) of the Access Code.
13. Side slopes shall be at a 4:1 slope on the highway access. The roadway shall slope away from the
highway at a -2% grade for the first 20 feet of driveway. This design shall be in conformance with
section 4.9(8) of the Access Code.
14. An 18-inch minimum culvert with protective end treatments may be required for this access. The
culvert shall be kept free of blockage to maintain proper flow and drainage.
15. If the access has a gate across it, the gate shall be set back far enough from the highway so that
the longest vehicle using it can clear the roadway when the gate is closed.
16. Any current or proposed cattle guard shall be maintained fully within the property boundaries
and all repairs are the sole responsibility of the property owner.
17. Immediately upon completion of earthwork the access shall be hard-surfaced a minimum distance
of 4 feet from the traveled way, or to the CDOT right-of-way, whichever is greater. Where the
hard surface ties into the existing pavement, the existing pavement shall be saw cut and removed
to a minimum of the full depth asphalt section or until an acceptable existing cross slope is
achieved. The saw cut shall not be located in the wheel path. Surfacing shall meet CDOT’s
specifications with minimum surfacing to be equal to, or greater than, existing highway conditions
in conformance with section 4 of the Access Code.
18. Materials, Placing, and Compaction
Unless the Applicant has approval from the Access Manager who may state otherwise, the
following are minimum requirements for driveway construction:
Hot Mix Asphalt Option (HMA): compaction of the subgrade, embankments and backfill
shall comply with sections 203 & 304 of the Colorado Highway Standard Specifications
for Road and Bridge Construction.
19. This permit allows for onsite construction as long as such use does not violate any terms of the
permit. Permittee shall coordinate with CDOT for onsite construction and shall provide a traffic
control plan and proof of liability insurance. If the access location, volume, or turning movement
for onsite construction is different from the permitted access, a new temporary construction permit
may be required.
20. No drainage from this site shall enter onto the state highway travel lanes. The Permittee is required
to maintain all drainage in excess of historical flows and time of concentration on site. All existing
drainage structures shall be extended, modified or upgraded, as applicable, to accommodate all
new construction and safety standards, in accordance with CDOT’s standard specifications.
21. Open cuts, which are at least 3 inches in depth, within 30 feet of the edge of the state highway
traveled way, will not be left open at night, on weekends, or on holidays, or shall be protected
with a suitable barrier per state and federal standards.
DocuSign Envelope ID: C8A5943A-D358-4AEB-AEE5-7E72B104E34E
STATE of COLORADO HIGHWAY ACCESS PERMIT
ADDITIONAL TERMS and CONDITIONS
December 11, 2023 PERMIT No. 323155
Permittee(s): Diane Bauldridge
Location: Garfield County on CO Highway 082A, near Mile Ref. Pt. 17.234 Left
22. Nothing in this permit shall prohibit the Chief Engineer from exercising the right granted in CRS 43-
3-102 including but not limited to restricting left hand turns by construction of physical medial
separations.
23. Under no circumstances shall the construction of a private driveway by a private interest interfere
with the completion of a public highway construction project.
24. Backing maneuvers within and onto the state highway right-of-way are strictly prohibited. All
vehicles shall enter and exit the highway right-of-way in a forward movement. Backing into the
right-of-way shall be considered a violation of the Terms and Conditions of the Access Permit and
may result in the revocation of the permit by CDOT and/or Issuing Authority.
25. No additional accesses will be granted for these parcels or any future parcels as a result of splitting
or dividing land. All accesses to newly created parcels shall be provided internally from this access.
(This is only for FW, EX, R-A and NR-A)
26. The Permittee assumes responsibility for any and all easements that are associated with this access.
If an easement is part of this access permit, CDOT is not liable for incorrect information in the
easement documentation. It is the Permittees responsibility to ensure all applicable laws and
regulations have been followed pertaining to easements and subdivision law.
27. The Permittee is responsible for obtaining any necessary additional federal, state and/or
city/county permits or clearances required for construction of the access. Approval of this access
permit does not constitute verification of this action by the Permittee. Permittee is also
responsible for obtaining all necessary utility permits in addition to this access permit.
28. All workers within the state highway right-of-way shall comply with their employer’s safety and
health policies/procedures, and all applicable U.S. Occupational Safety and Health Administration
(OSHA) regulations - including, but not limited to the applicable sections of 29 CFR Part 1910 -
Occupational Safety and Health Standards and 29 CFR Part 1926 - Safety and Health Regulations
for Construction. Personal protective equipment (e.g. head protection, footwear, high visibility
apparel, safety glasses, hearing protection, respirators, gloves, etc.) shall be worn as appropriate
for the work being performed, and as specified in regulation.
29. The Permittee shall provide accessibility features to accommodate all pedestrians including
persons with disabilities for all pathways during and after construction.
30. The Permittee is required to comply with the Americans with Disabilities Act Accessibility
Guidelines (ADAAG) that have been adopted by the U.S. Architectural and Transportation Barriers
Compliance Board (Access Board), and incorporated by the U.S. Attorney General as a federal
standard. These guidelines are defining traversable slope requirements and prescribing the use of
a defined pattern of truncated domes as detectable warnings at street crossings. The new
Standards Plans and can be found on the Design and Construction Project Support web page at:
https://www.codot.gov/business/designsupport/standard-plans.
31. When it is necessary to remove any highway right-of-way fence, the posts on either side of the
access entrance shall be securely braced with approved end posts and in conformance with CDOT’s
M-607-1 standard, before the fence is cut, to prevent slacking of the remaining fence. All materials
removed shall be returned to CDOT.
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STATE of COLORADO HIGHWAY ACCESS PERMIT
ADDITIONAL TERMS and CONDITIONS
December 11, 2023 PERMIT No. 323155
Permittee(s): Diane Bauldridge
Location: Garfield County on CO Highway 082A, near Mile Ref. Pt. 17.234 Left
32. It shall be the responsibility of the Permittee to maintain adequate sight distance for this driveway.
Trimming of vegetation or trees to maintain adequate sight distance is the sole responsibility of
the Permittee.
33. CDOT will determine the extent of inspection services for the work. A daily inspection may be done
by CDOT from the time work begins inside the highway right-of way until the job is completed and
right-of-way restored to its original condition.
34. CDOT’s plan review is only for general conformance with CDOT design standards and Access Code
requirements. CDOT is not responsible for the accuracy and adequacy of the design. All dimensions
and elevations shall be confirmed and correlated at the job site. CDOT, through the approval of
this document, assumes no responsibility for plan omissions or errors.
35. The CDOT inspector may suspend work due to: 1) Noncompliance with the provisions of this permit;
2) Adverse weather or traffic conditions; 3) Concurrent highway construction or maintenance in
conflict with permit work; 4) Any condition deemed unsafe for workers or the general public. The
work may be resumed upon notice from the CDOT Inspector.
36. The Permittee, his or her heirs, successors-in-interest, assigns, and occupants of the property
serviced by the access shall be responsible for meeting the terms and conditions of the permit.
This includes, but is not limited to, the repair and maintenance of the access beyond the edge of
the roadway including any cattle guard and gate, and the removal or clearance of snow or ice upon
the access even when deposited on the access during CDOT’s snow removal operations per section
2.7 of the Access Code.
37. The Permittee is responsible for the repair and replacement of any access-related culverts within
the right-of-way. Within incorporated areas, drainage responsibilities for municipalities are
determined by statute and local ordinance. CDOT will maintain the highway including auxiliary
lanes upon final acceptance. In cases where the access installation has failed due to improper
access construction and/or failure to follow permit requirements and specifications the Permittee
shall be responsible for such repair. Any significant repair such as culvert replacement, resurfacing,
or changes in design or specifications, requires authorization from CDOT.
38. Any damage to present highway facilities including traffic control devices shall be repaired
immediately at no cost to CDOT and prior to continuing other work.
39. During access construction, no construction-related or personal vehicles will be permitted to park
in the state highway right-of-way.
40. Any mud or other material tracked, or otherwise deposited, on the roadway shall be removed daily
or as ordered by CDOT’s inspector. If mud is an obvious condition during site construction, it is
recommended that the contractor build a stabilized construction entrance or scrubber pad at the
intended construction access to aid in the removal of mud and debris from vehicle tires. Details
of the stabilized construction entrance can be found in the M & S Standards Plan No. M-208-1.
41. A fully executed, complete copy of this permit and the Notice to Proceed must be on the job site
with the contractor at all times during the construction. Failure to comply with this or any other
construction requirement may result in the immediate suspension of work by order of the CDOT
inspector or the issuing authority.
DocuSign Envelope ID: C8A5943A-D358-4AEB-AEE5-7E72B104E34E
STATE of COLORADO HIGHWAY ACCESS PERMIT
ADDITIONAL TERMS and CONDITIONS
December 11, 2023 PERMIT No. 323155
Permittee(s): Diane Bauldridge
Location: Garfield County on CO Highway 082A, near Mile Ref. Pt. 17.234 Left
42. No work will be allowed at night, Saturdays, Sundays and legal holidays without prior authorization.
CDOT may also restrict work within the state highway right-of-way during adverse weather
conditions, seasonal changes and if safety and operational issues occur.
43. The access shall be completed in an expeditious and safe manner and shall be completed within 45
days from initiation of construction within the state highway right-of-way or in accordance with
written concurrence of the Access Manager. All construction shall be completed in a single season.
44. All costs associated with any type of utility work will be at the sole responsibility and cost of the
Permittee and at no cost to CDOT.
45. Areas of roadway and/or right-of-way disturbed during this installation shall be restored to their
original conditions to insure proper strength and stability, drainage and erosion control.
Restoration shall meet CDOT’s standard specifications for topsoil, fertilization, mulching, and re-
seeding.
46. Permittee is required to complete the construction according to the terms and conditions of the
permit prior to using the access. If the access is used prior to CDOT final acceptance, CDOT may
suspend or revoke the permit, until construction is completed per the terms and conditions of the
permit.
47. Upon the completion of the access (and prior to any use as allowed by this permit), the Applicant
shall notify the Access Manager within 10 days to request a final inspection. This request shall
include certification that all materials and construction have been completed in accordance with
all applicable Department Standards and Specifications; and that the access is constructed in
conformance with the State Highway Access Code, 2 CCR 601-1, including this permit. The Engineer
of Record as indicated on the construction plans, may be requested by CDOT for this inspection.
The access serviced by this permit may not be opened to traffic until written approval has been
given from the CDOT Access Manager.
48. If any construction element fails within two years due to improper construction or material
specifications, permittee shall be responsible for all repairs. Failure to make such repairs may
result in suspension of the permit and closure of the access.
DocuSign Envelope ID: C8A5943A-D358-4AEB-AEE5-7E72B104E34E
66
Appendix B | Title Commitment
Customer Distribution
Prevent fraud - Please call a member of our closing team for wire transfer
instructions or to initiate a wire transfer. Note that our wiring instructions will
never change.
Order Number: BAR64006642 Date: 09/01/2023
Property Address: 17450 HIGHWAY 82, CARBONDALE, CO 81623
For Closing Assistance For Title Assistance
Land Title Roaring Fork Valley
Title Team
200 BASALT CENTER CIRCLE
BASALT, CO 81621
PO BOX 3440
(970) 927-0405 (Work)
(970) 925-0610 (Work Fax)
valleyresponse@ltgc.com
Seller/Owner
DIANE E. BAULDRIDGE
Delivered via: Electronic Mail
Surveyor
SOPRIS ENGINEERING
Attention: CATE LOVE
502 MAIN
CARBONDALE, CO 81623
(970) 704-0311 (Work)
clove@sopriseng.com
Delivered via: Electronic Mail
Estimate of Title Fees
Order Number: BAR64006642 Date: 09/01/2023
Property Address: 17450 HIGHWAY 82, CARBONDALE, CO 81623
Seller(s): DIANE E. BAULDRIDGE
Buyer(s): A BUYER TO BE DETERMINED
Thank you for putting your trust in Land Title. Below is the estimate of title fees for the
transaction. The final fees will be collected at closing. Visit ltgc.com to learn more about
Land Title.
Estimate of Title Insurance Fees
"TBD" Commitment $265.00
TOTAL $265.00
Note: The documents linked in this commitment should be reviewed carefully. These
documents, such as covenants conditions and restrictions, may affect the title, ownership and
use of the property. You may wish to engage legal assistance in order to fully understand and
be aware of the implications of the documents on your property.
Chain of Title Documents:
Garfield county recorded 04/08/1994 under reception no. 461526
Garfield county recorded 03/21/2018 under reception no. 904653
Copyright 2006-2023 American Land Title Association. All rights reserved.
The use of this Form 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.
Property Address:
17450 HIGHWAY 82, CARBONDALE, CO 81623
1. Effective Date:
08/11/2023 at 5:00 P.M.
2. Policy to be Issued and Proposed Insured:
"TBD" Commitment
Proposed Insured:
A BUYER TO BE DETERMINED
$0.00
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
FEE SIMPLE
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
DIANE E. BAULDRIDGE
5. The Land referred to in this Commitment is described as follows:
A TRACT IN LOT 7 AND LOT 13, SECTION 33, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH
PRINCIPAL MERIDIAN DESCRIBED AS BEGINNING AT A POINT IN THE EXISTING NORTHERLY RIGHT OF
WAY FENCE LINE OF STATE HIGHWAY 82 WHENCE THE SOUTHEAST CORNER OF SECTION 33,
TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH P.M. BEARS S. 62° 35'16" E. A DISTANCE OF 4,948.19
FEET;
THENCE N. 72° 10'02" W. A DISTANCE OF 944.115 FEET ALONG SAID NORTHERLY RIGHT OF WAY
FENCE LINE;
THENCE N. 17° 49' E. A DISTANCE OF 285.22 FEET TO THE EXISTING FENCE LINE;
THENCE S. 82° 37'15" E. A DISTANCE OF 904.63 FEET ALONG THE EXISTING FENCE LINE;
THENCE S. 10° 54'25" W. A DISTANCE OF 452.66 FEET TO THE POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:BAR64006642
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: BAR64006642
All of the following Requirements must be met:
This 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.
Pay the agreed amount for the estate or interest to be insured.
Pay the premiums, fees, and charges for the Policy to the Company.
Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both,
must be properly authorized, executed, delivered, and recorded in the Public Records.
THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO.
This commitment does not republish any covenants, condition, restriction, or limitation contained in any
document referred to in this commitment to the extent that the specific covenant, conditions, restriction,
or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender
identity, handicap, familial status, or national origin.
1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land and not shown by the Public
Records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by
law and not shown by the Public Records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date 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.
7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water.
8. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 08, 1895, IN BOOK 12 AT PAGE
363.
9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM
SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN
UNITED STATES PATENT RECORDED MAY 08, 1895, IN BOOK 12 AT PAGE 363.
10. RIGHT OF WAY FOR THE BASIN DITCH OVER AND ACROSS SUBJECT PROPERTY AS SHOWN ON MAP
AND STATEMENT RECORDED JUNE 7, 1887 IN BOOK 9 AT PAGE 512.
11. RIGHT OF WAY FOR PUBLIC HIGHWAY OVER SAID LOTS 7 AND 13 AS DISCLOSED BY RIGHT OF WAY
MAP FILED SEPTEMBER 5, 1936 AS RECEPTION NO. 125078, INSOFAR AS THE SAME MAY AFFECT
SUBJECT PROPERTY.
12. ONE-HALF OF ALL OIL, GAS, COAL AND MINERALS UNDERLYING AND WITHIN SUBJECT PROPERTY
TOGETHER WITH THE RIGHT OF PROSPECT FOR, MINE AND REMOVE THE SAME AND TO
CONSTRUCT FACILITIES AND EQUIPMENT FOR SUCH PURPOSES, AS RESERVED TO VERA S. HERIN
AND RODOLPH HERIN BY INSTRUMENT RECORDED NOVEMBER 15, 1970 IN BOOK 255 AT PAGE 148.
13. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY RECORDED OCTOBER 09, 1961 IN BOOK
337 AT PAGE 241.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: BAR64006642
14. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT
OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX,
SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL
ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL
LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY
APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED OCTOBER 30, 1970, IN BOOK 414 AT
PAGE 365.
15. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY RECORDED JUNE 08, 1971 IN BOOK 419 AT
PAGE 527.
16. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN DECLARATION OF
COVENANTS RECORDED AUGUST 10, 1972 IN BOOK 434 AT PAGE 130.
17. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RIGHT OF WAY EASEMENT AS GRANTED
TO MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY RECORDED JANUARY 31, 1975 IN
BOOK 468 AT PAGE 537.
18. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN RIGHT OF WAY EASEMENT
RECORDED FEBRUARY 13, 1975 IN BOOK 469 AT PAGE 140.
19. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN RIGHT OF WAY EASEMENT
TO THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY RECORDED SEPTEMBER 2, 1975
IN BOOK 478 AT PAGE 223.
20. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO 80-39 RECORDED APRIL 01, 1980 IN
BOOK 546 AT PAGE 211.
21. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RIGHT OF WAY EASEMENT TO THE
MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY RECORDED SEPTEMBER 27, 1983 IN
BOOK 636 AT PAGE 263.
22. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN RESOLUTION NO. 94-093 OF
THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY RECORDED AUGUST 9, 1994 IN
BOOK 911 AT PAGE 825.
23. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN SPECIAL USE PERMIT OF
ROCKY MOUNTAIN NATURAL GAS RECORDED NOVEMBER 26, 2014 AS RECEPTION NO. 856504 AND
RE-RECORDED NOVEMBER 26, 2014 AS RECEPTION NO. 856505.
24. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN SPECIAL DISTRICT PUBLIC
DISCLOSURE DOCUMENT OF MID VALLEY METROPOLITAN DISTRICT RECORDED DECEMBER 31, 2014
AS RECEPTION NO. 857790.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: BAR64006642
Land Title Guarantee Company
Disclosure Statements
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the
clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least
one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that,
the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or
filing information at the top margin of the document.
Note: Colorado Division of Insurance Regulations 8-1-2 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". Provided that Land Title
Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents
from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued.
Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of
Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following
conditions:
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
Note: Pursuant to CRS 10-11-123, notice is hereby given:
The Subject real property may be located in a special taxing district.(A)
A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in
which the real property is located or that county treasurer's authorized agent unless the proposed insured provides
written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real
property).
(B)
The information regarding special districts and the boundaries of such districts may be obtained from the Board of
County Commissioners, the County Clerk and Recorder, or the County Assessor.
(C)
The land described in Schedule A of this commitment must be a single family residence which includes a
condominium or townhouse unit.
(A)
No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land
described in Schedule A of this Commitment within the past 6 months.
(B)
The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and
material-men's liens.
(C)
The Company must receive payment of the appropriate premium.(D)
If there has been construction, improvements or major repairs undertaken on the property to be purchased within
six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include:
disclosure of certain construction information; financial information as to the seller, the builder and or the contractor;
payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any
additional requirements as may be necessary after an examination of the aforesaid information by the Company.
(E)
This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface
estate, in Schedule B-2.
Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or
information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may
include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance
company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for
the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award
payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of
Regulatory Agencies.
Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing
protection letter for the lender, purchaser, lessee or seller in connection with this transaction.
Note: Pursuant to CRS 24-21-514.5, 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.
That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the
surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other
minerals, or geothermal energy in the property; and
(A)
That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
(B)
Joint Notice of Privacy Policy of
Land Title Guarantee Company
Land Title Guarantee Company of Summit
County
Land Title Insurance Corporation and
Old Republic National Title Insurancy Company
This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance
Corporation and Old Republic National Title Insurance Company.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state
privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence
is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized
access to your non-public personal information ("Personal Information").
In the course of our business, we may collect Personal Information about you from:
applications or other forms we receive from you, including communications sent through TMX, our web-based
transaction management system;
your transactions with, or from the services being performed by us, our affiliates, or others;
a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
The public records maintained by governmental entities that we obtain either directly from those entities, or from
our affiliates and non-affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows:
We restrict access to all Personal Information about you to those employees who need to know that information in
order to provide products and services to you.
We may share your Personal Information with affiliated contractors or service providers who provide services in the
course of our business, but only to the extent necessary for these providers to perform their services and to
provide these services to you as may be required by your transaction.
We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your
Personal Information from unauthorized access or intrusion.
Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action.
We regularly assess security standards and procedures to protect against unauthorized access to Personal
Information.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT
IS NOT STATED ABOVE OR PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We
may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for
example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your
Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is
needed to enforce our rights arising out of any agreement, transaction or relationship with you.
Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy
policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration
Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction
thereof.
Commitment For Title Insurance
Issued by Old Republic National Title Insurance Company
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, Old Republic National Title Insurance
Company, a Minnesota 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 Policy Amount 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.
COMMITMENT CONDITIONS
1. DEFINITIONS
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, 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:
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 Date, any liability of the Company is limited by Commitment Condition 5. The
Company shall not be liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
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.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
“Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a)
“Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any
property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues,
alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.
(b)
“Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c)
“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.
(d)
“Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e)
“Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this
Commitment.
(f)
“Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters
relating to real property to purchasers for value and without Knowledge.
(g)
“Title”: The estate or interest described in Schedule A.(h)
the Notice;(a)
the Commitment to Issue Policy;(b)
the Commitment Conditions;(c)
Schedule A;(d)
Schedule B, Part I—Requirements; and(e)
Schedule B, Part II—Exceptions; and(f)
a counter-signature by the Company or its issuing agent that may be in electronic form.(g)
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:
(a)
The Company shall not be 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.
(b)
The Company will only have liability 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.
(c)
The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment
Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(d)
The Company shall not be liable for the content of the Transaction Identification Data, if any.(e)
In no event shall the Company be 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.
(f)
In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g)
Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a)
Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b)
Until the Policy is issued, 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.
(c)
7. IF THIS COMMITMENT HAS BEEN 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 the purpose of providing closing or settlement services.
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. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option 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.
IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown
in Schedule A to be valid when countersigned by a validating officer or other authorized signatory.
Issued by:
Land Title Guarantee Company
3033 East First Avenue Suite 600
Denver, Colorado 80206
303-321-1880
Craig B. Rants, Senior Vice President
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; 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 2006-2016 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.
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.
(d)
Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e)
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.(f)
67
Appendix C | Shared Access Agreement
1
ROAD MAINTENANCE AND COST SHARING COVENANT
THIS ROAD MAINTENANCE AND COST SHARING COVENANT (the
“Covenant”), is made this ____ day of _____________, 2024, by Diane E. Bauldridge (“Owner”).
This Covenant is made with reference to the following facts and is as follows:
RECITALS
1. Owner is the owner of that certain parcel of real property located in Garfield
County, Colorado, described on Exhibit A attached hereto and incorporated herein by this
reference (the “Owner Property”).
2. Owner is seeking Garfield County’s approval of a minor subdivision of the Owner
Property (the “Bauldridge Subdivision”) pursuant to a Final Plat of the Bauldridge Minor
Subdivision (the “Final Plat”). The Bauldridge Subdivision will subdivide the Owner Property into
three lots, referred to as “Lot 1,” “Lot 2,” and “Lot 3.” Lot 1 is anticipated to be a 3.179 acre parcel
comprised of the western portion of the Owner Property. Lot 2 is anticipated to be a 2.324 acre
parcel to the east of Lot 1 and to the west of Lot 3. Lot 3 is anticipated to be a 2.322 acre parcel
comprised of the eastern portion of the Owner Property.
3. The Final Plat creates a twenty-six (26) foot-wide access and utility easement along
the boundary between Lot 2 and Lot 3, as more particularly shown and described in the Final Plat
(the “Access Easement”). Ingress to and egress from Lot 2 and Lot 3 may require the use of the
Access Easement.
4. The Highway 82 Access Road runs along the southern boundary of the Owner
Property, as more particularly shown on the Final Plat (“Hwy 82 Access Road”). Owner is
contemplating making, and might be required to make, certain improvements to the Hwy 82
Access Road pursuant to CDOT Access Permit No. 323155 (the “Hwy 82 Access Road
Improvements”). Such Hwy 82 Access Road Improvements, if made, will benefit each of Lot 1,
Lot 2, and Lot 3.
5. The Owner wishes to set forth covenants for contribution to the construction and
maintenance of the Access Easement and the Hwy 82 Access Road Improvements.
NOW, THEREFORE, in consideration of the keeping and performance of the mutual
promises and covenants contained herein and other good and valuable consideration, the Owner
covenants as follows:
1. Road Maintenance Costs - Access Easement.
(a) The owner of Lot 2 and the owner of Lot 3 shall each pay one-half of the
cost of installation, construction, repair, and maintenance, including without limitation snow
removal if not performed by the County, of the Access Easement. An owner of Lot 2 and an owner
of Lot 3 shall be responsible for its share of such installation, construction, repair, and maintenance
costs that are incurred during such owner’s period of ownership.
2
2. Improvements Costs – Hwy 82 Access Road Improvements
(a) The owner of Lot 1, the owner of Lot 2, and the owner of Lot 3 shall each
pay one-third of the cost of installation, construction, repair, and maintenance of the Hwy 82
Access Road Improvements, unless such costs are borne by Garfield County or CDOT. An owner
of Lot 1, an owner of Lot 2, or an owner of Lot 3 shall be responsible for its share of such
installation, construction, repair, and maintenance costs that are incurred during such owner’s
period of ownership.
3. Miscellaneous.
(a) Notices. All notices under this Covenant shall be in writing and shall be
effective when mailed by overnight delivery service or certified mail, return receipt requested, as
follows:
Diane E. Bauldridge, c/o Noah Bauldridge
0101 Fox Prowl Lane
Carbondale, CO 81623
Any party may change its address for the purpose of giving notice under this Covenant by giving
written notice of such change of address to the other party as provided in this paragraph.
(b) Successors and Assigns. This Covenant shall be binding upon the parties
hereto and their respective heirs, successors and assigns. This Covenant shall constitute a covenant
running with the lands of the parties hereto as set forth herein.
(c) Governing Law. This Covenant shall be governed by, interpreted under,
construed and enforced in accordance with the laws of the State of Colorado.
(d) Entire Agreement/Modification. This Covenant contains the entire
understanding between the parties with respect to the subject matter hereof and supersedes any
prior understandings and agreements between them with respect thereto. This Covenant may only
be amended by a written agreement executed by all parties hereto, their heirs, successors or assigns.
(e) Recovery of Attorney Fees. In the event suit is brought to enforce or
interpret any part of this Covenant, the prevailing party shall be entitled to recover, as an element
of its costs of suit and not as damages, reasonable attorney fees as determined by the court.
(f) Titles and Captions. The headings used in this Covenant are for purposes
of convenience only and shall not be used in interpreting this Covenant.
(g) Signatures in Counterparts. This Covenant may be executed in one or
more counterparts, all of which shall constitute a single agreement and each of which shall be an
original for all purposes. It is agreed and understood that the signatures of the parties on a copy
hereof transmitted electronically shall be sufficient as if an original signature. Electronic signatures
shall be binding and have the same force and effect as original signatures.
3
(h) Severability. If any term or provision of this Covenant is held to be invalid,
unenforceable or illegal for any reason whatsoever, such provision shall be severed from this
Covenant and shall not affect the validity of the remainder of this Covenant.
[Signature page follows]
4
IN WITNESS WHEREOF, the parties hereto have executed this Covenant as of the day
and year first above written.
By: Diane E. Bauldridge
5
EXHIBIT A
Legal Description of Owner Property
A TRACT IN LOT 7 AND LOT 13, SECTION 33, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH
PRINCIPAL MERIDIAN DESCRIBED AS BEGINNING AT A POINT IN THE EXISTING NORTHERLY RIGHT OF
WAY FENCE LINE OF STATE HIGHWAY 82 WHENCE THE SOUTHEAST CORNER OF SECTION 33,
TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH P.M. BEARS S. 62° 35'16" E. A DISTANCE OF 4,948.19
FEET;
THENCE N. 72° 10'02" W. A DISTANCE OF 944.115 FEET ALONG SAID NORTHERLY RIGHT OF WAY
FENCE LINE;
THENCE N. 17° 49' E. A DISTANCE OF 285.22 FEET TO THE EXISTING FENCE LINE;
THENCE S. 82° 37'15" E. A DISTANCE OF 904.63 FEET ALONG THE EXISTING FENCE LINE;
THENCE S. 10° 54'25" W. A DISTANCE OF 452.66 FEET TO THE POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
31833821_v1
68
Appendix D |
Attachments to Property Legal History & Mineral Rights Research
69
Appendix E | Other Supplemental Materials
1
matt@coloradoplanning.com
From:Karl Oliver <koliver@carbondalefire.org>
Sent:Tuesday, December 19, 2023 12:23 PM
To:Matt Farrar
Cc:Paul Herr
Subject:RE: Availability of Fire Protection Service for New Subdivision
After reviewing the site plan the only comment for review, based on access, is that the drive way between lots 2 and 3
being approximately 407 feet measured from the frontage road to the end of lot line, should fallow these
requirements. I use the 2015 International Wildland-Urban interface code to guide these requested requirements.
403.2 Driveways.
Driveways shall be provided where any portion of an exterior wall of the first story of a building is located more than 150
feet (45 720 mm) from a fire apparatus access road.
403.2.1 Dimensions.
Driveways shall provide a minimum unobstructed width of 12 feet (3658 mm) and a minimum unobstructed height of 13
feet 6 inches (4115 mm).
403.2.2 Length.
Driveways in excess of 150 feet (45 720 mm) in length shall be provided with turnarounds. Drive-ways in excess of 200
feet (60 960 mm) in length and less than 20 feet (6096 mm) in width shall be provided with turnouts in addition to
turnarounds.
403.2.3 Service limitations.
A driveway shall not serve in excess of five dwelling units.
Exception: Where such driveways meet the requirements for fire apparatus access road in accordance with Section 503
of the International Fire Code.
403.2.4 Turnarounds.
Driveway turnarounds shall have inside turning radii of not less than 30 feet (9144 mm) and outside turning radii of not
less than 45 feet (13 716 mm). Driveways that connect with a road or roads at more than one point shall be considered
as having a turnaround if all changes of direction meet the radii requirements for drive-way turnarounds.
403.2.5 Turnouts.
Driveway turnouts shall be an all-weather road surface not less than 10 feet (3048 mm) wide and 30 feet (9144 mm)
long. Driveway turnouts shall be located as required by the code official.
Let me know if you have any questions about this guide line or I have misinterpreted the access in question.
Thanks,
2
Karl Oliver
Prevention Division Chief
Fire Marshal
Carbondale & Rural Fire Protection District
300 Meadowood Drive
Carbondale, CO 81623
Office - (970) 963-2491
Cell - (970) 379-8991
www.carbondalefire.org
From: Matt Farrar <matt@coloradoplanning.com>
Sent: Friday, December 15, 2023 3:07 PM
To: Karl Oliver <koliver@carbondalefire.org>
Subject: Re: Availability of Fire Protection Service for New Subdivision
Karl-
Apologies I forgot to include the draft Site Plan with my previous email.
Thanks,
Matt Farrar
Partner | Western Slope Consulting, LLC
970.379.1669
matt@coloradoplanning.com
From: Matt Farrar <matt@coloradoplanning.com>
Sent: Friday, December 15, 2023 3:05:50 PM
To: Karl Oliver <koliver@carbondalefire.org>
Subject: Re: Availability of Fire Protection Service for New Subdivision
Karl-
Thank you for this information.
Attached please find the draft Site Plan for the proposed subdivision.
Please let me know if you have any further questions or need any additional information.
Thanks,
Matt Farrar
Partner | Western Slope Consulting, LLC
970.379.1669
matt@coloradoplanning.com
3
From: Karl Oliver <koliver@carbondalefire.org>
Sent: Friday, December 15, 2023 2:50:44 PM
To: Matt Farrar <matt@coloradoplanning.com>; Jenny Cutright <cutright@carbondalefire.org>
Subject: RE: Availability of Fire Protection Service for New Subdivision
Hi Matt,
Water sources.
1. include an Engine (750 gal) and a Tender (1800 gal) from Roaring Fork Fire Rescue and Station 42 1.86 miles
from site.
2. From Carbondale Fire Station 81 will include Engine 81 (2205 gal), Tender 81 (2000 gal). Folding portable tank
(3000 gal).
3. Closest hydrant is in Blue Lake across highway 82 (1.00 Miles)
Matt, I will also need to see a site plan when you get to that stage in county permitting.
Thanks,
Karl Oliver
Prevention Division Chief
Fire Marshal
Carbondale & Rural Fire Protection District
300 Meadowood Drive
Carbondale, CO 81623
Office - (970) 963-2491
Cell - (970) 379-8991
www.carbondalefire.org
From: Matt Farrar <matt@coloradoplanning.com>
Sent: Friday, December 15, 2023 1:26 PM
To: Jenny Cutright <cutright@carbondalefire.org>; Karl Oliver <koliver@carbondalefire.org>
Subject: Re: Availability of Fire Protection Service for New Subdivision
Jenny-
Thank you for forwarding my request to the Fire Marshal. I appreciate it.
Thanks,
1
matt@coloradoplanning.com
From:Groves - DNR, John <john.groves@state.co.us>
Sent:Tuesday, January 9, 2024 1:37 PM
To:matt@coloradoplanning.com
Subject:Re: Requesting Comments on Proposed Minor Subdivision in Garfield County
Matt,
As far as deer, the use of wildlife friendly fencing, or no fencing outside the building envelope is the best
we can do.
To mitigate potential bear-human conflict, I recommend the following:
No fruit bearing trees or bushes
Use of bear resistant trash containers
No feeding of pets outside
On Wed, Jan 3, 2024 at 11:27 AM <matt@coloradoplanning.com> wrote:
John-
Thank you for your input. Much appreciated.
Do you have any recommendations for us to consider in relation to deer and bear activity and the proposed
subdivision?
We will be including Garfield County’s note for Wildlife Friendly Fencing on the Final Plat for the
subdivision. That note states: “Fencing on the property shall comply with the Colorado Parks and Wildlife
specifications for wildlife-friendly fencing.”
Thanks,
Matt Farrar
Partner | Western Slope Consulting, LLC
2
970.379.1669
matt@coloradoplanning.com
From: Groves - DNR, John <john.groves@state.co.us>
Sent: Tuesday, January 2, 2024 1:44 PM
To: matt@coloradoplanning.com
Subject: Re: Requesting Comments on Proposed Minor Subdivision in Garfield County
Hi Matt,
I looked at this a couple days ago but hadn't gotten back to you yet. Overall I see no major issues with this
proposal as it is in between Hwy82 and the frontage road and already has considerable disturbance. There is
quite a bit of deer activity that uses the area and deer are frequently hit on the frontage road in that area. Bear
activity in the area is also considerable and precautions should be taken in future development to limit human
bear conflicts.
Feel free to call if you have any questions.
970-948-3013
John
On Tue, Jan 2, 2024 at 1:32 PM <matt@coloradoplanning.com> wrote:
John-
Happy New Year. I hope your 2024 is off to a great start.
Bauldridge Minor Subdivision Application | Addendum
Submitted: June 12, 2024
prepared by
(970) 379-1669 | matt@coloradoplanning.com
0165 Basalt Mountain Drive | Carbondale, CO 81623
on behalf of
Diane Bauldridge
0101 Fox Prowl Lane | Carbondale, CO 81623
June 12, 2024
Mr. Philip Berry
Garfield County Community Development Department
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Mr. Berry:
Attached, please find an addendum to the Bauldridge Minor Subdivision application submitted by
Western Slope Consulting, on behalf of Diane Bauldridge, on April 17, 2024. This addendum is submitted
in response to Garfield County’s “Not Technically Compliant (NTC)” letter dated May 22, 2024. The
information included in this addendum addresses the items identified in the NTC letter.
1. The subdivision exemption referenced in the Title Commitment created two lots less than 3 acres in
size. The current parcel is 7.789 acres. Please provide an explanation as to this part of the parcel’s
history.
Response: The applicant’s attorney, Holland & Hart LLP, has determined that the subdivision
exemption, identified in Schedule B of the Title Commitment, is not applicable to the subject property
(parcel no. 239133300001).
A legal history for the subject property is provided on pages 4 and 5 of the Minor Subdivision
application submitted on April 16, 2024.
2. Please explain how/if the existing special use permit shall be modified to accommodate the
subdivision.
Response: There are two (2) Special Use Permits/Conditional Use Permits identified in Schedule B of
the Title Commitment. These Special Use Permits/Conditional Use Permits are as follows:
a. Conditional Use Permit for Aspen Amusement Services (Resolution no. 80-39).
b. Special Use Permit for Rocky Mountain Natural Gas (Reception no. 856504) and corrected Special
Use Permit for Rocky Mountain Natural Gas (Reception no. 856505).
Regarding the Conditional Use Permit for Aspen Amusement Services, the applicant desires to
continue operating their home business on the property. The subject property is in the county’s Rural
(R) zone district. The future lots to be created via the proposed subdivision will remain in the county’s
Rural (R) zone district. A “Home Office/Business” is a by right use in the Rural (R) zone district, subject
to the standards set forth in Section 7-702. Therefore, upon approval of the proposed subdivision, the
applicant will abandon the Conditional Use Permit and comply with the applicable county
requirements for a “Home Office/Business.”
Regarding the Special Use Permit and corrected Special Use Permit for Rocky Mountain Natural Gas,
Survey Note #10 (A), on page 1 of the Final Plat, addresses this. That note states:
THAT ROW DEED RECORDED 1961 AS RECEPTION NO. 215444 IN BOOK 337 AT PAGE 241 AND
THAT SPECIAL USE PERMIT RECORDED AND CORRECTED 2014 AS RECEPTION NO. 856505, REFER TO A
ROCKY MOUNTAIN NATURAL GAS PIPELINE EASEMENT IN S33, L7, 8, 11, AND 13; IT IS NOT
SPECIFICALLY DESCRIBED. UNDERGROUND LOCATES IN THE AREA OF THE EXISTING RESIDENCE DID
NOT RESULT IN A GAS PIPELINE BEING LOCATED. THE EXISTING RESIDENCE IS SERVED BY PROPANE.
3. The mineral rights ownership needs to be further researched to determine the current owners.
Response: Noah Bauldridge performed a further review of Garfield County’s records in an effort to
identify current ownership information for the mineral estate underlying the subject property. The
following narrative explains the additional research performed by Mr. Bauldridge:
I was unable to find any further information from the county offices when I visited Monday, June 10,
2024. I worked with an employee of the Clerk and Recorder ’s Office to double check their records and
we concluded that there was no other information available for the subject property.
I reviewed the mineral rights ownership information provided on pages 15 and 16 of the Minor
Subdivision application and determined that, that information remains the same. The only addition I
can make is I confirmed the death of Freda and Harold Sayre.
After the Sayre's sold the subject property to my parents, they moved to Texas and lived out the
remainder of their lives. The forwarding address I found for the Sayre’s is: 302 N Robinson Rd, Ft.
Davis, TX 79734. I also tracked down a phone number (432-426-3578) but found that it had been
disconnected when I tried calling. I discovered that Freda Sayre lived her remaining years in Focused
Care Nursing Home at 501 N Sycamore St, Fort Stockton, TX 79735. When I called the nursing home,
the receptionist informed me that Freda had passed on November 26, 2023, and that Harold had
passed a few years prior. The receptionist couldn’t provide me with an exact date for Harold’s passing.
Further, the receptionist informed me that she didn’t think that the Sayre’s had any children.
I did find that Freda Sayre had a sister named Joan Randal. I was given a phone number for Joan but
found that it had also been disconnected when I tried calling. I was unable to find any additional
contact information for Joan.
The State of Texas will only issue an official death certificate to an immediate family member. The
State does offer something called a "Death Verification" that we can apply for, if necessary.
To recap, below is a list of the steps that I have taken to research the mineral rights ownership, for the
subject property, to the best of my ability.
1. Early in 2024, I searched the public records available via the Garfield County Clerk and Recorder ’s
Office. The findings of this research are provided on pages 15 and 16 of the Minor Subdivision
application. A summary of my findings is provided below.
▪ Vera and Rudolph Herin retained 50% ownership of mineral rights from the sale of the
property to Charles and Agnes Farris in 1950 (Book 255, Page 148, 149, 154, 155, 156).
▪ Freda and Harold Sayre acquired 50% ownership of mineral rights when they purchased the
propety from Martha Moffett in 1972 (Book 434, Page 132, 133).
▪ There’s no record of mineral rights being transferred with the sale of the property from Freda
and Harold Sayre to Diane and Bruce Bauldridge in 1994 (Book 898, Page 319, 320, Real
Property Transfer Declaration).
▪ There are no death certificates available to the public for any of the people listed above.
▪ The public record has no wills, trusts, or inheritance documents for any of the people listed
above.
2. I searched the records of the Garfield County Assessor's Office for any active claims on subject
property and adjacent properties. The findings of this research are provided below:
▪ There have never been any active claims or other mineral activity on the subject property.
Since 2010, there have been no active claims or mineral activity on any of the surrounding
properties.
3. I worked with Holland & Hart LLP to research mineral rights ownership information for the subject
property. After several hours of research, Holland & Hart LLP determined that they were unable to
assist with identifying mineral rights ownership information.
4. I contacted Land Development Company (i.e., Landman) in Grand Junction. They declined to assist
with researching mineral rights ownership because the project is too small. Their focus is on
assisting large companies with mineral rights research for oil and gas development.
5. I returned to the Garfield County Clerk and Recorder ’s Office, on June 10, 2024, to walk through
the steps outlined in the county’s Mineral Interest Research memo and to double check my initial
research. I worked with a county employee to double check my initial findings and we concluded
that no further information was available, to the public, for the subject property.
Based on my research, it is my belief that 50% of the mineral rights for the subject property are
owned by Vera and Rudolph Herin (both of whom I suspect are deceased) and 50% are owned by
Freda and Harold Sayre (both of whom are deceased). I have been unable to find current contact
information for the Herin’s or the Sayre’s. I believe that I have exhausted all my options, including
those listed in the Mineral Interest Research memo provided by the county.
Our team is hopeful that the information provided in this addendum enables the county to render the
Bauldridge Minor Subdivision application as technically complete. If further information is required, please
let us know at your earliest convenience.
Once the application has been deemed complete, please schedule the application for an Administrative
Review. If you have any questions, you may contact me at (970) 379-1669 or
matt@coloradoplanning.com.
Sincerely,
Principal | Western Slope Consulting, LLC