HomeMy WebLinkAbout1.00 General Application Materials
Fiou Family Ranch
Final Plat Amendment
& Minor Subdivision
Parcel ID# 218107200203
36590 River Frontage Road
Garfield County, Colorado
March 19, 2024
Prepared by:
The Land Studio, Inc.
365 River Bend Way
Glenwood Springs, CO 81601
Phone 970-927-3690
landstudio2@comcast.net
Prepared for:
155 Fiou Family Ranch, LLLP
Tiana Fiou – General Partner
Tanya Findlay – General Partner
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Table of Contents
TABLE OF CONTENTS ............................................................................................................................... 2
PRE-APPLICATION CONFERENCE SUMMARY ....................................................................................... 4
WAIVER REQUEST ................................................................................................................................... 12
APPLICATION FORMS ............................................................................................................................. 14
OWNERSHIP INFORMATION ................................................................................................................... 18
PROPERTY OWNERS WITHIN 200’ AND MINERAL OWNERS AND LESSEES ................................... 22
MINERAL OWNERS AND LESSEES ........................................................................................................ 23
ADJACENT PROPERTY OWNERS MAP ................................................................................................. 26
PROJECT DESCRIPTION ......................................................................................................................... 27
VICINITY MAP ........................................................................................................................................... 27
SITE PLAN/LANDSCAPE PLAN ............................................................................................................... 28
GRADING AND DRAINAGE PLAN ........................................................................................................... 28
IMPACT ANALYSIS ................................................................................................................................... 28
IMPROVEMENTS AGREEMENT .............................................................................................................. 30
TRAFFIC STUDY ....................................................................................................................................... 30
WATER SUPPLY AND DISTRIBUTION PLAN ......................................................................................... 30
WASTEWATER MANAGEMENT AND SYSTEM PLAN ........................................................................... 30
MINOR SUBDIVISION REVIEW ................................................................................................................ 31
AMENDED FINAL PLAT REVIEW ............................................................................................................ 32
FINAL PLAT ............................................................................................................................................... 33
DIVISION 1. GENERAL APPROVAL STANDARDS ................................................................................. 33
7-101. ZONE DISTRICT USE REGULATIONS ................................................................................................ 33
7-102. COMPREHENSIVE PLAN AND INTERGOVERNMENTAL AGREEMENTS .................................................... 33
7-103. COMPATIBILITY .............................................................................................................................. 35
7-104. SOURCE OF WATER ....................................................................................................................... 35
7-105. CENTRAL WATER DISTRIBUTION AND WASTEWATER SYSTEMS ......................................................... 35
7-106. PUBLIC UTILITIES ........................................................................................................................... 35
7-107. ACCESS AND ROADWAYS ............................................................................................................... 36
7-108. USE OF LAND SUBJECT TO NATURAL HAZARDS ............................................................................... 36
7-109. FIRE PROTECTION ......................................................................................................................... 36
DIVISION 2. GENERAL RESOURCE PROTECTION STANDARDS. ...................................................... 36
7-201. AGRICULTURAL LANDS ................................................................................................................... 36
7-202. WILDLIFE HABITAT AREAS .............................................................................................................. 36
7-203. PROTECTION OF WATERBODIES ..................................................................................................... 37
7-204. DRAINAGE AND EROSION ............................................................................................................... 37
7-205. ENVIRONMENTAL QUALITY ............................................................................................................. 37
7-206. WILDFIRE HAZARDS ....................................................................................................................... 38
7-207. NATURAL AND GEOLOGIC HAZARDS ................................................................................................ 38
7-208. RECLAMATION ............................................................................................................................... 38
DIVISION 3. SITE PLANNING AND DEVELOPMENT STANDARDS ...................................................... 39
7-301. COMPATIBLE DESIGN ..................................................................................................................... 39
7-302. OFF-STREET PARKING AND LOADING STANDARDS ........................................................................... 39
7-303. LANDSCAPING STANDARDS ............................................................................................................ 39
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7-304. LIGHTING STANDARDS ................................................................................................................... 39
7-305. SNOW STORAGE STANDARDS ........................................................................................................ 39
7-306. TRAIL AND WALKWAY STANDARDS .................................................................................................. 39
DIVISION 4. SUBDIVISION STANDARDS AND DESIGN SPECIFICATIONS ......................................... 39
7-401. GENERAL SUBDIVISION STANDARDS .............................................................................................. 39
7-402. SUBDIVISION LOTS ........................................................................................................................ 40
7-403. SURVEY MONUMENTS ................................................................................................................... 40
7-404. SCHOOL LAND DEDICATION ........................................................................................................... 40
7-405. TRAFFIC IMPACT FEES .................................................................................................................. 40
EXHIBITS: .................................................................................................................................................. 41
A. TITLE COMMITMENT ......................................................................................................................... 41
B. WELL PERMITS. ............................................................................................................................... 41
C. WATER ANALYSIS REPORT AND PUMP TEST ...................................................................................... 41
D. ENGINEERING REPORT ..................................................................................................................... 41
E. XCEL ENERGY LETTER ..................................................................................................................... 41
F. SITE PLAN ....................................................................................................................................... 41
G. FINAL PLAT ...................................................................................................................................... 41
H. IMPROVEMENT SURVEY.PDF ............................................................................................................. 41
I. WILDLIFE REVIEW LETTER ................................................................................................................ 41
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Pre-Application Conference Summary
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
PRE-APPLICATION
CONFERENCE REPORT
TAX PARCEL NUMBER: 218107200203 DATE: Original 2/23/22 Updated 1/19/23
OWNER: 155 Fiou Family Ranch, LLLP
REPRESENTATIVE: Doug Pratte, Land Studio (Planner)
Tanya Findley & Rodney Findley (Ownership)
PRACTICAL LOCATION: 36590 River Frontage Road. Silt, CO
TYPE OF APPLICATION: Limited Impact Review Land Use Change Permit for Mini-Storage
Updated for Minor Subdivision property line adjustment.
ZONING: Rural
SIZE: Overall Parcel 53.08 acres, Mini Storage Site 13.2 acres
I. GENERAL PROJECT DESCRIPTION
The applicant would like to adjust the property line between Parcel 1 and 2 as well as subdivide parcel
2 into two lots.
Water for the proposed parcel 2A would be through a shared well located on parcel 1 and parcel 2B
will utilize a well on that parcel. Separate OWTS systems will be provided for the new parcels.
Submittal and process requirements are summarized below
Previous pre application meeting summaries are below.
The applicant is evaluating the potential of developing a mini-storage use on a portion of a 53.08 acre
parcel. The mini-storage would be located on the eastern portion of the parcel. The owner is
considering a Minor Subdivision to subdivide off a 13.2 acre parcel for the mini storage facility. The
Applicant presented a preliminary site plan showing a number of mini-storage buildings,
approximately 89,200 sq.ft. in total, with 404 +/- units. The site is proposed to be fenced and gated
Fiou Family Ranch Final Plat Amendment & Minor Subdivision
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with lighting limited to the buildings. Driving surface for access roads was described as likely to be
gravel in the first phase of development with the potential to phase in hard surfacing/pavement at a
later phase.
Previous representations included the potential for some outdoor storage (not shown in the current site
plan), time limited keypad access (6am – 10pm daily) and that there would be no office and no on-site
water or wastewater facilities. A new access driveway would be constructed from River Frontage Road
which is a CDOT regulated frontage road.
The property fronts onto the south side of River Frontage Road and I-70 and is immediately north of
and adjacent to the Colorado River. A large irrigation ditch is located on the south edge of the property.
Portions of the property are within the 100-year floodplain, however the Applicant proposes to locate
the facility north of and outside of the floodplain. The property is currently being used for
agricultural/haying activities, as well as, residential use. The property is zoned Rural. All of the
surrounding properties are zoned Rural, except for some BLM property zoned Public Lands southeast
of the site. The surrounding land uses are predominately agricultural and residential. The adjoining
property is an agricultural greenhouse operation. Agricultural Uses and Nursery/Greenhouse are
permitted uses in the Rural Zone District.
Storage and Mini Storage uses are categorized as Industrial Uses in the LUDC and require a Limited
Impact Land Use Change Permit approval. Additionally, Industrial uses must comply with the
standards in Section 7-1001 LUDC. It should be noted that one of those Standards requires all storage
to be conducted within an enclosed building or be adequately concealed and screened. This
requirement applies to outdoor storage of vehicles, RV’s, trailers and boats. There are also additional
(100 foot) setback requirements for storage adjacent to residential property lines. Rural zoning is
categorized as a residential zone. This 100 foot setback would normally be applied to all adjacent
property zoned Rural, even if the current use is commercial. Waivers from the Setback Standards can
be requested concurrent with the Land Use Change Permit Application subject to the criteria contained
in Section 4-118.
The property falls within the Urban Growth Area of the Town of Silt. The Town of Silt Comprehensive
Plan’s Future Land Use 2011 designates the subject property “Agricultural/Rural Residential
Reserve.” Consistency with the Comprehensive Plan is one of the considerations for a Land Use
Change Permit and should be addressed in the Application submittals.
The property contains numerous structures and outbuildings. Please note that one criterion of approval
will be if the current use of the property conforms to the zoning standards.
The County data base indicates that the property has been approved for a Special Use Permit to allow
an Accessory Dwelling Unit, Resolution 2008-85. The owners have stated that this ADU was never
constructed. ADU’s are now permitted uses by right in the Rural zone district.
Key Update Topics
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• A key clarification/correction from the pre-application meeting discussion is that some
Commercial General (CG zoning) is located approximately 1 mile east to the site, not adjacent
to the site.
• Previous concerns regarding Assessor’s Office mapping and parcel configurations were not
noted during the update meeting.
• The need to confirm location of the facility outside the 100-year floodplain.
• CDOT Access Permits will be required. Traffic Study should address this concern
• Lighting needs to be code compliant (perhaps with timing or motion sensor technology to
mitigate impacts.
• Driveway design needs to meet Section 7-107 Standards and surfacing may need to be
upgraded to meet standards. Waivers may be requested.
• Confirm compliance with setback requirements for Industrial designated uses. Waivers may
be requested.
• Irrigation Ditch contacts need to be provided with the Application.
• Submittals should address compliance with all building code and fire code requirements.
Building separations are an important consideration.
• Town of Silt Comprehensive Plan Considerations.
• Based on surrounding land uses and zoning, Compatibility Standard (Section 7-103) is an
important consideration.
Key Minor Subdivision Topics
• A separate pre-application summary for a Minor Subdivision needs to be provided.
• Different code sections and submittal requirements are detailed in Article 5, including the
Minor Subdivision Section 5-301.
• Access, water, and wastewater are key submittal requirements, to address service for each of
the proposed lots.
• Additional details on water supply plans (individual wells, augmentation issues etc.) would be
needed to prepare the pre-application summary.
• Minor Subdivision is administratively reviewed and subject to a Director’s Decision (Director
of Community Development).
• Since the Land Use Change Permit is heard by the Board of County Commissioners, a
concurrent Minor Subdivision might be referred up to the Board.
• The review includes a public notice mailing requirement.
• Preparation of the subdivision plat and related surveying is a key submittal requirements.
• The minor subdivision can be reviewed concurrently with the Limited Impact Land Use
Change Permit, however, if the permit is to be issued for an individual newly created lot, the
plat would need to be finalized and approved prior to issuance of the permit.
II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS (FOR
LAND USE CHANGE PERMIT
• Garfield County Comprehensive Plan 2030 as amended.
• Garfield County Land Use and Development Code as amended.
• Rural Zone District - Use Table (Table 3-403).
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• Rural Zone District - Lot/Building Requirements (Table 3-201)
• Review Process (Section 4-104) and Procedures (Section 4-101).
• Table 4-102 Common Review Procedures and Required Notice.
• Application Materials (Table 4-201 and Section 4-203).
• Waivers, Section 4-118 (Standards) and Section 4-202 (Submittal Requirements).
• Article 7, Standards – Division 1, 2 & 3 as applicable.
• Section 7-107 Access/Roadway Standards
• Section 7-302 Off-Street Parking and Loading Standards
• Section 7-1001 – Industrial Use Standards
• Article 15, Definitions – Storage, Mini
III. REVIEW PROCESS (FOR LIMITED IMPACT LAND USE CHANGE PERMIT)
The Application will follow the Limited Impact Review Process contained in Sections 4-101 and 4-
104 and in Table 4-102 (see attached flow chart):
• Pre-application Conference
• Submittal of Application (3 hard copies plus one digital PDF copy on CD or USB Stick)
• Determination of Completeness, if Technically Complete the Applicant will be notified and the
request scheduled for a public hearing before the Board of County Commissioners. If it is not
technically complete the Applicant will be advised of the deficiencies and has 60 days to
complete the application.
• Once determined to be complete, the Application is sent out to referral agencies.
• A Public hearing before the Board of County Commissioners is scheduled.
• Four additional hardcopies of the Application are provided for the Board of County
Commissioners review.
• Applicant completes public notice for the public hearing (mailing, posting, and publication) a
minimum of 30 days prior to the hearing.
• Staff prepares a report including public and referral comments
• Review and Action by the Board of County Commissioners at the public hearing.
• The Board of County Commissioners action is formalized by a resolution.
• If approved with conditions the Applicant must meet the conditions prior to issuance of the
Land Use Change Permit.
• The Applicant has one year to meet all conditions of approval.
IV. SUBMITTAL REQUIREMENTS (FOR LAND USE CHANGE PERMIT)
Application submittal requirements are detailed in Table 4-201, and Section 4-203, Description of
Submittal Requirements. Please use the summary provided below as a supplemental check list.
General Application Materials - Including: Application forms, Agreement to Pay form, Statement
of Authority for Trusts, corporations or LLC’s, authorization to represent, and check for fees.
Evidence of ownership such as a deed for the property.
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Title report.
Narrative description of the proposal.
List of property owners within 200 feet and any mineral rights owners on the property. A statement
on how mineral owners were researched is required.
Vicinity Map (including the area generally within 3 miles of the site).
Site plan with information on proposed location of the new facilities, other existing structures, and
significant features on the property including but not limited to topography, easements, utilities,
ditches, access roads/driveways, wells, existing and proposed wastewater treatment systems
(OWTS) as applicable.
Grading and drainage Plans. Given the amount of grading and internal access associated with the
proposal, preliminary plans and engineering reports on grading and drainage are required.
Landscaping Plan, including concealing and screening measures.
Impact Analysis. This section includes information on a variety of potential impacts including but
not limited to hours of operation and mitigation for any nuisance impacts such as noise and
lighting. Potential waivers regarding sections on environmental impacts on wildlife habitat may
be requested. Please contact the staff planner for additional
information on available resources and potential waiver requests.
Legal access, physical access, and compliance with Roadway
Standards Table 7-107. Demonstration of adequacy of the
roadway and compliance with Roadway standards must be
submitted. A copy of any CDOT access permits should also be
provided or the status of any upgrades or amended permits
provided.
Traffic Study: The Traffic study needs to address River Frontage
Road impacts and access issues.
Water Supply Plan and supporting documentation. Waivers from
Water Supply Plan requirements may requested.
Wastewater treatment plans and supporting documentation.
Waivers from Wastewater requirements may be requested.
Waiver requests may need to include justification including
provision of portable toilets.
Information to addresses compliance to applicable sections of
Article 7, Divisions 1, 2, and 3, needs to be provided.
Application formatting that addresses each section of Article 7
are required.
Significant Article 7 Standards for this project are anticipated to include: zoning compliance,
comprehensive plan compliance, compatibility, natural hazards, slopes, drainage and erosion, fire
protection (including potential fire suppression sprinkler requirements), lighting, parking, access,
signage, concealing and screening.
Section 7-1001 Industrial Use Standards and setbacks.
It is recommended that the Applicant contact the Colorado River Fire Rescue District on potential
fire protection requirements and CDOT on access permit requirements.
Zoning Compliance includes maximum lot coverage of 15%.
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Parking requirements for uses not listed in Table 7-302.A. are to be determined by the Director of
Community Development. The Applicant needs to provide a detailed plan for parking and include
a request for determination of the parking requirement as part of the review process.
The Application submittal needs to include 3 hard copies of the entire Application and 1 Digital PDF
Copy on a CD or USB drive. Both the paper and digital copies should be split into individual sections.
Please refer to this Pre-Application Report for submittal requirements that are appropriate for your
application.
Any request for a waiver from standards shall be processed pursuant to Section 4-118 of the Land Use
and Development Code. Submittal waiver requests should be consistent with the Pre-Application
Report, and Section 4-202. Follow-up meetings with Planning Staff on potential waiver requests is
recommended.
Staff will review the application for completeness, and when complete, refer it to appropriate agencies
for technical review. Staff will create a report to be submitted to the BOCC for their decision.
Public Hearing(s): No Public Hearing, Directors Decision (with notice per code)
Planning Commission
X Board of County Commissioners
Board of Adjustment
Referral Agencies: May include but is not limited to: Garfield County Surveyor, Garfield County
Attorney, Garfield County Building Department, Garfield Road and Bridge, Garfield County
Consulting Engineer, Fire District, Colorado Parks and Wildlife, the Town of Silt
V. APPLICATION REVIEW FEES
Planning Review Fees: $400 (for Land Use Change Permit)
Referral Agency Fees: $TBD
Total Deposit: $400 (additional hours are billed at hourly rate of $40.50)
VI. GENERAL APPLICATION PROCESSING
The foregoing summary is advisory in nature only and is not binding on the County. The summary is
based on current zoning, which is subject to change in the future, and upon factual representations that
may or may not be accurate. This summary does not create a legal or vested right. The summary is
valid for a six-month period, after which an update should be requested. The Applicant is advised that
the Application submittal once accepted by the County becomes public information and will be
available (including electronically) for review by the public. Proprietary information can be redacted
from documents prior to submittal.
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Pre-application Summary Prepared by:
Updated 1/27/23
Glenn Hartmann, Principal Planner Date
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Waiver Request
The Land Studio, Inc.
365 River Bend Way • Glenwood Springs, CO 81601 • Tel 970 927 3690 • landstudio2@comcast.net
January 16, 2024
Garfield County Building and Planning Department
108 8th St., Suite 401
Glenwood Springs, CO 81601
Re: Minor Subdivision Application for Parcel 2181-072-00-203
Owners: 155 Fiou Family Ranch, LLLP
Dear Garfield County,
The Applicant for Parcel 2181-072-00-203, would like to request a waiver from requirements of Section 4-203.L, Traffic
Study and Section 4-203.E, Grading and Drainage Plan.
Waiver Request of Section 4-203.L, Traffic Study.
The Applicant requests this waiver due to the very small increase in traffic associated with the lot creation,
and the minimal increase in traffic to River Frontage Road. An access Permit based on a future proposed
storage facility has been applied for and granted under permit number 323130. We believe that requiring a
Traffic Study is not necessary given the rural nature and low traffic volumes of the area.
ITE Traffic Generation for future storage facility:
The existing vehicle trips for Parcel 1 and Parcel 2A is not anticipated to change.
The anticipated number of vehicle trips for Parcel 2B is Peak hour Vehicle Trips (PHV) for the proposed
development are as follows:
ITE Code 151 (Mini-Warehouse):
A.M. Peak Hour: 0.18 vehicle trip per 1,000 SF=
(0.18) (89,200 SF) = 16.06 PHV (16)
ITE Code 151 (Mini-Warehouse):
P.M. Peak Hour: 0.18 vehicle trip per 1,000 SF=
(0.18) (89,200 SF) = 16.06 PHV (16)
The proposed AM and PM peak hour trips are 16 and 16 trips respectively.
4-202. Waiver Of Submission Requirements
A waiver request shall be considered based on the following criteria:
1. The Applicant shows good cause for the requested waiver;
2. The project size, complexity, anticipated impacts, or other factors support a waiver;
3. The waiver does not compromise a proper and complete review; and
4. The information is not material to describing the proposal or demonstrating compliance with approval
criteria.
The applicant feels a waiver from the submission requirement to provide a traffic study is appropriate
because the project size is very minimal, consisting of only a two lot subdivision. A full traffic study
for one additional lot will not provide significant information beyond results published in current
Traffic Generation guidelines. ITE Traffic Generation numbers have been used for this application in
lieu of a full traffic study and therefore, the exclusion of a traffic study will in no way compromise a
complete review of the proposed minor subdivision.
Fiou Family Ranch Final Plat Amendment & Minor Subdivision
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The Land Studio
2
Waiver Request of Section 4-203.E, Grading and Drainage Plan
The Applicant requests this waiver as no construction is planned that will change or alter any existing grading and
drainage. At the time of construction for any development a grading and drainage plan will be submitted for building
permit.
4-202. Waiver Of Submission Requirements
A waiver request shall be considered based on the following criteria:
1. The Applicant shows good cause for the requested waiver;
2. The project size, complexity, anticipated impacts, or other factors support a waiver;
3. The waiver does not compromise a proper and complete review; and
4. The information is not material to describing the proposal or demonstrating compliance with approval
criteria.
The applicant feels a waiver from the submission requirement to provide a Grading and Drainage Plan is
appropriate because the project does not include any construction therefore no change to the existing
drainage will occur. A full Grading and Drainage plan for no proposed construction will not provide significant
information at this time. No construction is proposed with the application therefore the exclusion of a drainage
study will in no way compromise a complete review of the proposed minor subdivision.
Please call to discuss as necessary and thank you for your attention to this request.
Sincerely,
THE LAND STUDIO, INC
By: _____________________________
Douglas J. Pratte
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Application Forms
Fiou Family Ranch Final Plat Amendment & Minor Subdivision
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Fiou Family Ranch Final Plat Amendment & Minor Subdivision
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Fiou Family Ranch Final Plat Amendment & Minor Subdivision
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Ownership Information
4-203.B.2
See Title Commitment included as an Exhibit to this Application.
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COLORADO GEOLOGICAL SURVEY SUBMITTAL
FORM FOR LAND-USE REVIEWS
County __Garfield___________________________________ Date ______February 2, 2024____________
Project Name _Fiou Family Ranch__________________________________________________________
APPLICANT
(or Applicant’s Authorized Representative responsible for paying CGS-review fee)
1/4,1/2, or1/41/4 _________ Name _155 Fiou Family Ranch LLLP / Tanya Findley __
Address _36590 River Frontage Rd, New Castle CO, 81647 _____Section(s) _________
Township__________
Range ____________
Dec Lat __________ Ph. No. __970-309-3670_________Fax No._________________________ Dec Long _________
FEE SCHEDULE
(effective June 1, 2009)
Reviews for Counties
residential dwellings
Reviews for Municipalities At hourly rate of reviewer
Special Reviews At hourly rate of reviewer
CGS LAND USE REVIEWS
Geological studies are required by Colorado counties for all subdivisions of unincorpo-
rated land into parcels of less than 35 acres, under State statute C.R.S. 30-28-136 (1) (i)
(Senate Bill 35, 1972). Some Colorado municipalities require geological studies for sub-
division of incorporated land. In addition, local governments are empowered to regu-
late development activities in hazardous or mineral-resource areas under C.R.S. 24-65.1-
101 et seq. (House Bill 1041, 1974) and C.R.S. 34-1-301 et seq. (House Bill 1529, 1973),
respectively.
Local-government agencies submit proposed subdivision applications and supporting
technical reports to the Colorado Geological Survey ”...for evaluation of those geologic
factors which would have significant impact on the proposed use of the land,“ in accor-
dance with State statutes. The CGS reviews the submitted documents and serves as a
technical advisor to local-government planning agencies during the planning process.
Since 1984, the CGS has been required by law to recover the full direct cost of perform-
ing such reviews.
The adequate knowledge of a site’s geology is essential for any development project. It
is needed at the start of the project in order to plan, design, and construct a safe devel-
opment. Proper planning for geological conditions can help developers and future
owners/users reduce unnecessary maintenance and/or repair costs.
Fiou Family Ranch Final Plat Amendment & Minor Subdivision
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Property Owners within 200’ and Mineral Owners and Lessees
4-203.B
1/4/24, 3:17 PM Garfield County Land Explorer
about:blank 1/1
Garfield County Land Explorer
Parcel Physical Address Owner Account
Num Mailing Address
217912100150 35960 RIVER FRONTAGE RD NEW
CASTLE PETERSON, BRENT LEWIS & HANNIGAN, SANDRA R015107 PO BOX 965 NEW CASTLE, CO 81647-0965
218106300053 36610 6 & 24 HWY NEW CASTLE CHENOWETH, LOTTIE TRUST DTD 9/29/93 GABRIEL JOHN CHENOWETH,
TRUSTEE R015012 1577 BEECH STREET RIFLE, CO 81650
218106400202 36730 RIVER FRONTAGE RD NEW
CASTLE OSAGE FARMS LLC R150185 PO BOX 4090 EAGLE, CO 81631-4090
218107100951 Not available NEW CASTLE BUREAU OF LAND MANAGEMENT R231037 2300 RIVER FRONTAGE ROAD SILT, CO 81652
218107200105 1645 335 COUNTY RD NEW CASTLE MANERA, CHRISTOPHER R023120 PO BOX 1301 RIFLE, CO 81650
218107200195 36200 RIVER FRONTAGE RD NEW
CASTLE SHORT, CARL MICHAEL R150180 21994 QUIET CORNER RD CEDAREDGE , CO
81413
218107200203 36590 RIVER FRONTAGE RD SILT 155 FIOU FAMILY RANCH LLLP R150186 36590 RIVER FRONTAGE ROAD NEW CASTLE, CO
81647
ROW Not available null
ROW Not available null
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Mineral Owners and Lessees
ASPEN | BUENA VISTA | GLENWOOD SPRINGS | LAMAR
Post Office Box 790 | Glenwood Springs, Colorado 81602 | 970.945.6546 | BalcombGreen.com
Scott A. Grosscup
Direct Dial (970) 928-3468
Receptionist (970) 945-6546
sgrosscup@balcombgreen.com
January 24, 2024
Garfield County Community Development
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Re: 155 Fiou Family Ranch LLLP - Application for Final Plat Amendment
To Whom It May Concern:
C.R.S. § 24-65.5-103 requires that an applicant notify a mineral estate owner who either
(1) is identified as such by the county tax assessor’s records; or (2) has filed in the Clerk and
Recorder a request for notification. If such records do not identify any mineral estate owners,
including their addresses of record, “the applicant shall be deemed to have acted in good faith
and shall not be subject to further obligations….” On January 22nd and 23rd we conducted
the following tasks for Parcel No. 218107200203:
1. We researched the Garfield County Clerk and Recorder’s index of mineral owner
requests for notification per C.R.S. § 24-65.5-103(a)(I)(B) and confirmed that no
mineral owner for the subject property has filed a request for notification;
2. We e-mailed with Casey Lawrence at the Garfield County Assessor’s office and he
said to their knowledge there are no active mineral owners for the subject
property. We also confirmed that the Assessor’s records for Sections 6 and 7,
Township 6 South, Range 91 West do not list any active or inactive mineral owners;
and
3. We reviewed an updated title commitment for the property and documents
recorded in Garfield County and determined the following mineral owners:
Carl Michael Short
21994 Quiet Corner Road
Cedaredge, CO 81413
Frances L. Short
P.O. Box 251
Delta, CO 81416-0251
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Garfield County Community
Development
January 24, 2024
Page 2 of 2
ASPEN | BUENA VISTA | GLENWOOD SPRINGS | LAMAR
Post Office Box 790 | Glenwood Springs, Colorado 81602 | 970.945.6546 | BalcombGreen.com
Gisella Myers
0377 Emma Road
Basalt, CO 81621
155 Fiou Family Ranch
36590 River Frontage Road
New Castle, CO 81647
This exceeds our obligations to search mineral owners under Colorado Statute. Thank
you.
Very truly yours,
BALCOMB & GREEN, P.C.
By:
Scott Grosscup, Esq.
SG/bc
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Adjacent Property Owners Map
4-203.B
BLM
OSAGE
FARMS
LLC
PETERSON
RURAL SHORT
RURAL
BAIR
RURAL
MANERA
RURAL
SPUR
INVESTMENTS LLC
RURAL NEIGUT
RURAL
DIXON
RURAL
GAR CO
SCHOOL DIST
RE-2
Adjacent Property Owners Map
Fiou Family Ranch Final Plat Amendment & Minor Subdivision
27
Project Description
4-203.B
The Applicant is requesting to adjust the property line between parcel 1 and parcel 2 of
the Myers S.B. Exemption Plat and subdivide parcel 2 of the Myers S.B. Exemption Plat
into two lots. Access is proposed from the I-70 frontage road at the address of 6590
River Frontage Road in Garfield County, Colorado.
Proposed parcel 2A will share an existing well with parcel 1 of the Myers S.B.
Exemption Plat. Parcel 2B will utilize an existing well on that proposed parcel.
Engineered individual onsite wastewater treatment systems will provide wastewater
treatment for each of the proposed parcels. Irrigation water for landscape and
revegetation will be provided with the Applicant’s irrigation water rights.
The property currently contains one existing residence with several agriculture out
buildings on Parcel 1 and one existing residence on Parcel 2 with additional
outbuildings. An Improvement Survey showing the existing buildings and their uses has
been included as an Exhibit to this Application.
Vicinity Map
4-203.C
Fiou Family Ranch Final Plat Amendment & Minor Subdivision
28
Site Plan/Landscape Plan
4-203.D
No other construction or disturbance is proposed at the time of this Application.
A Landscape Plan for revegetation of any construction or disturbance will be
included at the time of any future land use change permit or building permit
Application.
Grading and Drainage Plan
4-203.E
The Applicant agrees to provide a grading and drainage plan for the proposed new lots
at the time of submittal for building permit. No disturbance is planned for the property at
the time of this submittal.
Impact Analysis
4-203.F
1. Adjacent Land Use. Existing use of adjacent property and neighboring properties
within 1,500-foot radius.
The site is located in an area of rural residential and agricultural parcels
ranging in size from 11 acres to 90 acres in size. The proposed subdivision
would result in 2 parcels of approximately 15.93 and 13.33 acres in size.
The adjacent parcel to the east is an agricultural/commercial use, the
parcel to the northwest across I-70 is Coal Ridge High School, a parcel to
the southeast is owned by BLM, and all other adjacent parcels are
residential/agricultural uses.
See attached map for Adjacent Landowners.
2. Site Features. A description of site features such as streams, areas subject to
flooding, lakes, high ground water areas, topography, vegetative cover,
climatology, and other features that may aid in the evaluation of the proposed
development.
The site is currently an irrigated agricultural field with the Lower Cactus
Valley Ditch crossing the parcel just on the north side of the Colorado
River. The site gently slopes from the north to the south.
3. Soil Characteristics. A description of soil characteristics of the site that have a
significant influence on the proposed use of the land.
An individual site specific soils test will be completed at the time of
building permit Application for any new structures.
4. Geology and Hazard. A description of geologic characteristics of the area
including any potential natural or manmade hazards, and a determination of what
effect such factors would have on the proposed use of the land.
Fiou Family Ranch Final Plat Amendment & Minor Subdivision
29
No known natural or manmade geologic hazards exist in the location of the
proposed subdivision.
5. Groundwater and Aquifer Recharge Area. Evaluation of the relationship of the
subject parcel to Floodplains, the nature of soils and subsoils and their ability to
adequately support waste disposal, the Slope of the land, the effect of sewage
effluents, and the pollution of surface Runoff, stream flow, and groundwater.
At this time no OWTS is needed or planned on Parcel 2B. The current
residents on Parcel 1 and Parcel 2A have existing Onsite Wastewater
Treatment Systems (OWTS) and no change is anticipated or planned. Parcel
2B has enough land area for an OWTS to be design by a professional
engineer to meet the requirements in the Garfield County OWTS Regulations
for a single-family residence and ADU.
The Fiou Family Ranch parcel 218107200203 currently has two wells
permitted. The well permits are 147315 and 267802, and are in division 5,
district 39. Well 147315 was permitted in 1940 as a Residential well with
domestic and stock uses and services both of the existing residential units
on Parcel 1 and Parcel 2. Well 267802 was permitted in 2006 as Residential
with Household use only and is currently not being used.
Well 147315 is planned to remain with no change of use. Well 267802 is
planned to be used for domestic water needs on Parcel 2B and a 10’ wide
easement from the well to parcel 2B is included on the final plat. Quantity
and quality testing has been done and is attached as an Exhibit to the
Engineering Report.
The proposed parcel 2B is currently an irrigated agricultural field and the
irrigation water will be utilized for any short term and long-term landscape
needs.
6. Environmental impacts. Determination of the existing environmental conditions
on the parcel to be developed and the effects of development on those
conditions.
At this time no development is proposed. If a future storage use or
residential use is proposed on one of the parcels an Impact Statement for
that use will be required.
7. Nuisance. Impacts on adjacent land from generation of vapor, dust, smoke,
noise, glare or vibration or other emanations.
The proposed project would have no substantial temporary or long-term
adverse effect on noise, odors, or waste-generation. The proposed
development is too small to generate significant volumes of these
materials. Construction related noise effects are generally considered to be
temporary.
Fiou Family Ranch Final Plat Amendment & Minor Subdivision
30
8. Hours of Operation. The Applicant shall submit information on the hours of
operation of the proposed use.
The project has no plans for construction or operation of any equipment at
this time.
Improvements Agreement
4-203.K
An Improvements Agreement will be included at the time of any proposed development
of lot 2B.
Traffic Study
4-203.L
A waiver request for a Traffic Study is included with this Application.
Water Supply and Distribution Plan
4-203.M
The Fiou Family Ranch parcel 218107200203 currently has two wells permitted. The
well permits are 147315 and 267802 and are in division 5, district 39. Well 147315 was
permitted in 1940 as Residential with domestic and stock uses and services both of the
existing residential homes on Parcel 1 and Parcel 2. Well 267802 was permitted in
2006 as Residential with Household use only and is currently not being used.
Well 147315 is planned to remain with no change of use. Well 267802 is planned to be
used for any future domestic water needs on Parcel 2B when development may occur
and a 10’ wide easement from the well to parcel 2B is included on the final plat.
A Four Hour Well Test and Water Analysis Report has been completed for permit
#147315, a Four Hour Well Test for permit #267802 has been completed and all reports
are attached as Exhibits to this Application.
The proposed parcel 2B is currently an irrigated agricultural field and the irrigation
waters will be utilized for any short term and long-term landscape needs.
Wastewater Management and System Plan
4-203.N
There is not a public wastewater/sanitary sewer service in the vicinity of this property. The
current residents on Parcel 1 and Parcel 2A have existing Onsite Wastewater Treatment
Systems (OWTS) and no change is anticipated or planned.
At this time no OWTS is needed or planned on Parcel 2B.
Fiou Family Ranch Final Plat Amendment & Minor Subdivision
31
Parcel 2B has enough land area outside the High Water Table (see map below) for an
OWTS to be design by a professional engineer to meet the requirements in accordance
with the Garfield County OWTS Regulations for a single-family residence and ADU.
Minor Subdivision Review
5-301
C. Review Criteria
1. It complies with the requirements of the applicable zone district and this Code,
including Standards in Article 7, Divisions 1,2,3 and 4.
The Standards in Article 7, Divisions 1,2,3 and 4 have been addressed in
the following sections of this Application.
2. It is the general conformance with the Comprehensive Plan.
See 7-102 of this Application.
3. Shows satisfactory evidence of a legal, physical, adequate, and dependable
water supply for each lot.
See section 402-M of this Application.
Fiou Family Ranch Minor Subdivision - Septic System Constraints
Bureau of Land Management, Esri, HERE, Garmin, INCREMENT P,
Intermap, USGS, METI/NASA, EPA, USDA, Garfield County GIS
Septic System Constraints
HIGH WATER TABLE
SLOW PERC RATE
SOL EVAPORITE MINERALS
Geologic Hazards Study Area
Municipality
USFS
BLM
State Recreation Areas
State Wildlife Areas
WRNF Wilderness Areas
Streams and Ditches
unspecified type
DITCH
INTERMITTENT
PERENNIAL
Rivers and Lakes
Parcels
Other Roads And Trails
BLM Administrative
Driveway
Inaccessible County Road
Other Roads
Private Road, Trail
Trail, 4WD ATV
Trail, All Vehicles
Trail, Bicycle
Trail, Horse Foot
Roads 1:9,028 to 1:18,056
I-70
US Highway
CO Highway
Frontage Road
I-70 Ramp
County Road
Local Street
City Street
Garfield County
12/14/2023, 3:40:08 PM
0 850 1,700425 ft
0 260 520130 m
1:12,000
printed from web app
Copyright Garfield County 2020
Fiou Family Ranch Final Plat Amendment & Minor Subdivision
32
4. Satisfactory evidence of adequate and legal access has been provided.
See section 7-107 of this Application.
5. Any necessary easements including, but not limited to, drainage, irrigation, utility,
road, and water service have been obtained.
A proposed access easement has been shown on the Final Plat attached as
an Exhibit to this Application.
6. The proposed Subdivision has the ability to provide an adequate sewage
disposal system.
See section 402-M of this Application.
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.
See Section 7-108 Use of Land Subject to Natural Hazards, section 7-206
Wildfire Hazards, and section 7-207 Natural and Geologic Hazards in this
Application.
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.
No development is proposed with this Application.
9. All taxes applicable to the land have been paid, as certified by the County
Treasurer’s Office.
Taxes have been paid in 2024.
10. All fees, including road impact and school land dedication fees, shall be paid.
See section 7-404 and 7-405 of this Application.
11. The Final Plat meets the requirements per section 5-402.F., Final Plat.
See Final Plat, attached as an Exhibit to this Application.
Amended Final Plat Review
5-305
C. Review Criteria
1. Does not increase the number of lots; and
2. Does not result in a major relocation of a road or add any new roads; or
Fiou Family Ranch Final Plat Amendment & Minor Subdivision
33
3. Will correct technical errors such as surveying or drafting errors.
The application to amend the final plat is to adjust an existing property line
between Lots 1 & 2. No new lots are proposed as part of the amended Final
Plat. No major roads will be relocated with this application.
Final Plat
5-402.F
A Final Plat has been Included as an Exhibit to this Application.
Codes, Covenants and Restrictions
No Homeowner Association is proposed with this 2 lot subdivision.
Division 1. General Approval Standards
7-101. Zone District Use Regulations
The property is zoned Rural (R) and meets all of the zone district dimensions included
in Table 3-201 for Lot and Building Requirements:
The minimum lots size in the Rural zone district is 2 acres and the proposed lot sizes
are approximately 15.93 and 13.33 acres.
Setbacks on the proposed lots will be as follows: Front: 25’ from local street; Side: 10
feet, and Rear: 25 feet.
The structures constructed within the 2 lots will comply with height restriction of 25 feet.
7-102. Comprehensive Plan and Intergovernmental Agreements
The future land use designation in the Garfield County 2030 Comprehensive Plan of this
property is designated Residential MH, (2-6 Acres/DU). The Applicant is proposing that
the 29.26 acre property be subdivided into a two lot Minor Subdivision creating a density
of 14.63 Acres/DU. This proposed density does conform with the neighborhood. The
rural residential and agricultural parcels in the area range in size from 11 acres to 90
acres in size. The proposed subdivision would result in 2 parcels of approximately
15.93 and 13.33 acres in size. A parcel to the southeast is owned by BLM, all other
adjacent parcels are residential/agricultural uses.
Plan Element Goals from the Garfield County Comprehensive Plan:
Housing: This Application intends to provide a choice of smaller more affordable rural
parcels that may be more obtainable than 35 acre parcels.
Fiou Family Ranch Final Plat Amendment & Minor Subdivision
34
Transportation: The proposed lot locations are along River Frontage Road.
Recreation, Open Space, and Trails: This property does not contain public access to
trails.
Agriculture: This Application will preserve the rural character of the area by allowing 2
moderately sized parcels to continue with existing agricultural uses as well as preserve
the scenic quality in the area.
Water and Sewer Services: The Applicant currently has two wells permitted, one will
continue to be used for parcel 1 and 2A, the other is permitted for Residential and
Household use as proposed for use on 2B. Parcel 2A has an existing OWTS and at this
time no OWTS is needed or planned on Parcel 2B.
Natural Resources: The Applicant will make an effort to limit disturbance of natural
areas including drainage patterns and wildlife habitat.
Mineral Extraction: No mineral extraction project is proposed with this Subdivision
Application.
Fiou Family Ranch Minor Subdivision - Future Land Use
Bureau of Land Management, Esri, HERE, Garmin, INCREMENT P,
Intermap, USGS, METI/NASA, EPA, USDA, Garfield County Community
Future Land Use
Industrial
Mixed Use
Commercial
Res H (7,500 sqft to 2 Ac/Du)
Res MH (2 to 6 Ac/Du)
Res M (6 to 10 Ac/Du)
Res L (10+ Ac/Du)
Resource Production/Natural
Institutional Land Use Overlay
Streams and Ditches
unspecified type
DITCH
INTERMITTENT
PERENNIAL
Rivers and Lakes
Recreational Land Use Overlay
Municipality
Area of Influence (3 miles)
Parcels
Rural Regional Employment Centers
Unincorporated Community
Conservation Easements
Garfield County
Public Lands and Open Space
Other Roads And Trails
BLM Administrative
Driveway
Inaccessible County Road
Other Roads
Private Road, Trail
Trail, 4WD ATV
Trail, All Vehicles
Trail, Bicycle
Trail, Horse Foot
Roads 1:9,028 to 1:18,056
I-70
US Highway
CO Highway
Frontage Road
I-70 Ramp
County Road
Local Street
City Street
12/14/2023, 3:14:56 PM
0 0.15 0.30.07 mi
0 0.25 0.50.13 km
1:12,000
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Copyright Garfield County 2020
Fiou Family Ranch Final Plat Amendment & Minor Subdivision
35
7-103. Compatibility
The proposed Minor Subdivision is compatible the character and scale of the adjacent
land uses which are rural in nature and range in size from 11 acres to 90 acres in size.
The proposed lot sizes will be approximately 15.93 and 13.33 acres in size.
7-104. Source of Water
See section 4-203.M
7-105. Central Water Distribution and Wastewater Systems
See section 4-203.N
7-106. Public Utilities
Parcel 1 and Parcel 2A currently have utilities as needed and no change is anticipated.
Parcel 2B has existing overhead power running parallel to River Frontage Road. This
electric line is owned and operated by the Xcel Energy. Xcel Energy has agreed to
serve this Parcel. The Xcel Energy Will Serve Letter is attached as an Exhibit.
No telephone utilities are proposed for Parcel 2B at this time.
Fiou Family Ranch Minor Subdivision - Urban Growth Area
Bureau of Land Management, Esri, HERE, Garmin, INCREMENT P,
Intermap, USGS, METI/NASA, EPA, USDA, Garfield County Community
Urban Growth Area
Institutional Land Use Overlay
Streams and Ditches
unspecified type
DITCH
INTERMITTENT
PERENNIAL
Rivers and Lakes
Recreational Land Use Overlay
Municipality
Area of Influence (3 miles)
Parcels
Rural Regional Employment Centers
Unincorporated Community
Conservation Easements
Garfield County
Public Lands and Open Space
Other Roads And Trails
BLM Administrative
Driveway
Inaccessible County Road
Other Roads
Private Road, Trail
Trail, 4WD ATV
Trail, All Vehicles
Trail, Bicycle
Trail, Horse Foot
Roads 1:9,028 to 1:18,056
I-70
US Highway
CO Highway
Frontage Road
I-70 Ramp
County Road
Local Street
City Street
12/14/2023, 3:16:19 PM
0 0.15 0.30.07 mi
0 0.25 0.50.13 km
1:12,000
printed from web app
Copyright Garfield County 2020
Fiou Family Ranch Final Plat Amendment & Minor Subdivision
36
Cable and natural gas are not currently available. Propane will be utilized for gas if
needed.
7-107. Access and Roadways
The access to these parcels is controlled by US 6/River Frontage Road Access Control
Plan. Parcel 1 and Parcel 2A currently have access from River Frontage Road and no
change in access is anticipated.
Parcel 2B is planned to remain as an agricultural use and access will remain the same
as it has been used historically. The future planned access for Parcel 2B will be
accessed directly from the River Frontage Road via a shared access with the parcel to
the east (Osage Garden Greenhouse). An Access Permit for the anticipated storage
facility has been applied for and granted under permit number 323130. The Access
Permit has been included as an Exhibit to this Application.
Both the County and State standards for the access will be met with the design of the
future shared access to Parcel 2B. The average daily trips (ADT) for the anticipated
storage facility were used for the Access Permit Application. Per Table 7-107 a Semi
Primitive Road will be adequate for the access to the anticipated storage facility.
7-108. Use of Land Subject to Natural Hazards
No extreme topography exists on the proposed minor subdivision. The site is currently
an irrigated agricultural field with the Lower Cactus Valley Ditch crossing the parcel just
on the north side of the Colorado River. The site gently slopes from the north to the
south.
7-109. Fire Protection
There is no change in the Fire and Emergency Access with the adjustment of the lot line
between Parcel 1 and Parcel 2A. It is not anticipated that any additional Fire Protection
and Emergency Access is required at this time for the agricultural field. Fire protection
and emergency access will be addressed as part of a building permit if a single-family
home is developed in the future.
As part of the future Limited Impact Review of Parcel 2B for a future storage facility
development, the access roads will be designed to allow for adequate access for all
emergency and fire vehicles. Fire protection needs for the anticipated storage facility
will meet the requirements of the Fire Marshal.
Division 2. General Resource Protection Standards.
7-201. Agricultural Lands
The proposed Minor Subdivision will have no adverse effect on surrounding Agricultural
Operations.
7-202. Wildlife Habitat Areas
Fiou Family Ranch Final Plat Amendment & Minor Subdivision
37
A site visit by Eric Petterson, Principal Ecologist of Red Mountain Environmental, LLC to
the proposed Fiou Family Subdivision occurred on February 21, 2024, to review existing
conditions regarding potential impacts to wildlife. Additionally, on February 27, 2024,
the project proponents and planners met CPW’s Jake Stanton, District Wildlife Manager
on site to discuss potential wildlife issues. Eric Petterson’s and Jake Stanton’s wildlife
assessments are summarized in the Wildlife Review for Fiou Subdivision prepared by
Red Mountain Environmental, LLC and attached as an Exhibit to this Application.
7-203. Protection of Waterbodies
The south portion of the property is within the 100-year flood plain. No development is
planned in the 100-year flood plain, setbacks from the 100-year flood plain will be
adhered to on future development.
7-204. Drainage and Erosion
The proposed additional lot will provide improvements at the time of submittal for any
building permit to include grading and drainage as required. All driveway improvements
will meet county grading and drainage requirements.
7-205. Environmental Quality
Fiou Family Ranch Minor Subdivision - Flood Plain
Bureau of Land Management, Esri, HERE, Garmin, INCREMENT P,
Intermap, USGS, METI/NASA, EPA, USDA, Garfield County GIS
Flood Plain (FEMA, USACE)
Municipality
USFS
BLM
State Recreation Areas
State Wildlife Areas
WRNF Wilderness Areas
Streams and Ditches
unspecified type
DITCH
INTERMITTENT
PERENNIAL
Rivers and Lakes
Parcels
Other Roads And Trails
BLM Administrative
Driveway
Inaccessible County Road
Other Roads
Private Road, Trail
Trail, 4WD ATV
Trail, All Vehicles
Trail, Bicycle
Trail, Horse Foot
Roads 1:9,028 to 1:18,056
I-70
US Highway
CO Highway
Frontage Road
I-70 Ramp
County Road
Local Street
City Street
Garfield County
12/14/2023, 3:35:22 PM
0 850 1,700425 ft
0 260 520130 m
1:12,000
printed from web app
Copyright Garfield County 2020
Fiou Family Ranch Final Plat Amendment & Minor Subdivision
38
The proposed project would have no substantial temporary or long-term adverse effect
on noise, air pollution, odors, or waste-generation. The minor subdivision has no
proposed development at this time to generate significant volumes of these materials.
Construction related noise effects are generally considered to be temporary.
7-206. Wildfire Hazards
The proposed minor subdivision is located in an area designated as Lowest Wildfire
Risk as shown on the Wildfire Hazard Map for Garfield Co. Colorado. The Applicant
agrees to maintain vegetation control on the property to minimize any potential impacts
from wildfire following State Forest Service guidelines for defensible space.
7-207. Natural and Geologic Hazards
No natural or manmade geologic hazards exist in the location of the proposed Minor
Subdivision. The south portion of the property is within the 100-year flood plain. No
development is planned in the 100-year flood plain, setbacks from the 100-year flood
plain will be adhered to on future development.
7-208. Reclamation
Lower Ca c t u s V a l l e y D i t c h
C o l o r a d o R i v e r
6
70
C o l o r a d o River
C o l o rado Ri v e r R d
6
70
Fiou Family Ranch Minor Subdivision - Wildfire
Esri Community Maps Contributors, Esri, HERE, Garmin, SafeGraph,
GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management,
Parcels
Wildfire Risk
1 - Lowest Risk
2 - Low Risk
3 - Moderate Risk
4 - High Risk
5 - Highest Risk
Municipality
Other Roads And Trails
BLM Administrative
Driveway
Inaccessible County Road
Other Roads
Private Road, Trail
Trail, 4WD ATV
Trail, All Vehicles
Trail, Bicycle
Trail, Horse Foot
Roads 1:9,028 to 1:10,856
I-70
US Highway
CO Highway
Frontage Road
I-70 Ramp
County Road
Local Street
City Street
County
12/14/2023, 2:58:27 PM
0 0.15 0.30.07 mi
0 0.25 0.50.13 km
1:12,000
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Copyright Garfield County 2020
Fiou Family Ranch Final Plat Amendment & Minor Subdivision
39
The Applicant proposes no disturbance with this Minor Subdivision Application. Future
owners of the proposed lots will be responsible for any reclamation following any
construction.
Division 3. Site Planning and Development Standards
7-301. Compatible Design
The proposed Minor Subdivision is compatible with the character and scale of the
adjacent land uses which are rural in nature and range in size from 11 acres to 90 acres
in size. The proposed lot sizes will be approximately 15.93 and 13.33 acres.
7-302. Off-Street Parking and Loading Standards
The proposed Minor Subdivision will provide ample room for a minimum of 2 off-street
parking spaces per residence as required by the Garfield County Land Use and
Development Code.
7-303. Landscaping Standards
The Applicant proposes no new disturbance with this Minor Subdivision Application.
Future owners of the proposed lot will be responsible for any landscaping as part of
construction on their lot.
7-304. Lighting Standards
The Applicant agrees to the exterior lighting standards as required by the Garfield
County Land Use and Development Code.
7-305. Snow Storage Standards
The Applicant has areas sufficient to store snow without impacting off-street parking or
public roadways.
7-306. Trail and Walkway Standards
No recreational or community facilities are applicable with this Application.
Division 4. Subdivision Standards and Design Specifications
7-401. General Subdivision Standards
The parcel being subdivide is owned by 155 Fiou Family Ranch LLLP and currently all
wells and roads are maintained by and will continue to be maintained by the LLLP.
The Applicant agrees to Domestic Animal Control, Fireplace regulations and
Development in the Floodplain as specified in the Garfield County Land Use and
Development Code.
Fiou Family Ranch Final Plat Amendment & Minor Subdivision
40
7-402. Subdivision Lots
All proposed lots meet the applicable zone district requirements for lot area, width,
frontage, depth, shape, location, and orientation as stated in the Garfield County Land
Use and Development Code.
7-403. Survey Monuments
The Applicant agrees to have permanent Survey Monuments set within the Subdivision
prior to selling or advertising the sale of any lots.
7-404. School Land Dedication
Payment-in-Lieu of Dedication of School Land
The Applicant agrees that this property is not included in the RE-1 School District, and
therefore will pay $200 per future dwelling unit to the appropriate school district.
7-405. Traffic Impact Fees
The Applicant agrees to pay the appropriate impact fees at the time of building permit.
Fiou Family Ranch Final Plat Amendment & Minor Subdivision
41
Exhibits:
A. Title Commitment
B. Well permits.
C. Water Analysis Report and Pump Test
D. Engineering Report
E. Xcel Energy Letter
F. Site Plan
G. Final Plat
H. Improvement Survey.pdf
I. Wildlife Review Letter
t:1;
I
EXHIBIT D
ENGINEERING REPORT
February 8,2024 Page 1
To Doug Pratte
365 River Bend Way
Glenwood Springs, CO 81601
Land stud i o 2 @c omcast. com
RE 155 Fiou Family Ranch LLLP
36590 River Frontage Road, New Castle, Colorado
General Partner - Tiana Fiou
General Partner - Tanya Findley
SE Project #32030.01
Dear Mr. Pratte,
Sopris Engineerin g, LLC (SE) has prepared the following Engineering Report to address thewater supply,
sanitation sewage,drainage and erosion, utilities, access/traffic impacts, and fire protection for the
subdivision of the Fiou Family Ranch. The Fiou Family Ranch consists of 2 Parcels of the Myers S.B 35
subdivision exemption and is Garfield County parcel 218107200203,has a total area of 53.09 acres and
currently zoned as Rural. Parcel 1 of the Myers S.B. 35 subdivision exemption REC. 379113, this is the
westerly parcel and has an area of 23,87 acres. The current use of this parcel is residential and agricultural,
with supporting agricultural out buildings. Parcel 2 of the Myers S.B. 35 subdivision exemption REC.
379 1 1 3 is the easterly parcel and has an area of 29 .22 acres. The current use of this parcel is residential and
agricultural, with supporting agricultural out buildings.
This portion of the project is to amend the final plat and adjust the property line between Parcel I and
Parcel 2 of the Myers S,B 35 subdivision to meet set back requirements. This application is also a
proposal to subdivide Parcel 2 into two parcels of land for the anticipation of a limited impact review for
the future development of a storage facility on the easterly portion of parcel2.
The Final Plat Amendment includes a lot line adjustment of the property line that lies between parcel I and
parcel 2. This lot line is being adjusted to bring the properties into compliance with the l0' side setback
requirements of agricultural out buildings from the property line. This adjustment will result in the
adjusted area of parcel 1 being 23.83 acres and parcel 2being29.26 acres.
Parcel 2withthe new areaof 29.26 will be subdivided into 2 parcels, Parcel 2Ahavinganareaof 15.93
acres and Parcel 28 having an area of 13.33 acres.
No change of zoning is being requested at this time and all parcels will remain as Rural zoning. In the
future a Limited Impact Review will be submitted to allow for a storage facility (Peach Valley Secure
Storage) to be built and operated on Parcel 28. Parcel 28 will be operated as agriculture use until all
storage facility approvals are in place.
SI]PRIS ENGINFERING LLC
February 8,2024 Page 2
The storage site specifically lies within parcel 28. The project is approximately 2.6 miles east of the
intersection of County Road 3 I I and I-70 River Frontage Road and is south of the I-70 corridor. Parcel 28
adjoins the Osage Garden Greenhouse on the east and lies between the I-70 corridor on the north and the
Colorado River on the south, the west side is Parcel 2A and will remain The Fiou Family Ranch. The site
is currently an irrigated agricultural field with the Lower Cactus Valley Ditch crossing the parceljust on
the north side of the Colorado River. The site gently slopes from the north to the south. Access to the site
will be from the I-70 River Frontage Road.
Attached to this letter is the Preliminory site plan, existing condition plan andfinal pktt.
7-104 Sou of Water
The Fiou Family Ranch parcel2l8l07200203 currcntly has two wclls pcrmittcd. Thc well permits are
147315 and267802, and are in division 5, district 39. Well 147315 was permitted in 1940 as Residential
with domestic and stock uses and services both of the existing residences on Parcel I and Parcel 2. Well
267802 is permitted in 2006 as Residential with Household use only and is currently not being used.
Well 147315 is planned to remain with no change of use. Well 267802 is planned to be used for domestic
water needs on Parcel 28. A l0' wide easement from the well to parcel 28 is included on the final plat.
Quantity and quality testing has been done and is attached as Appendix A.
The proposed parcel 28 is currently an irrigate agricultural field, the irrigation waters will be utilized for
any short term and long-term landscape needs.
7-105 Wastewater
There is not a public wastewater/sanitary sewer service in the vicinity of this property. The current residents
on Parcel I and Parcel2Ahave existing Onsite Wastewater Treatment Systems (OWTS) and no change is
anticipated or planned. At this time no OWTS is needed or planned on Parcel 28.
Parcel 28 comprises l3 acres of gently sloped agricultural land currently cultivated and irrigated for hay
production. The vacant land does not contain any specific topographical, geological, or surface water features
that would be considered adverse limitations to development. No environmental conditions have been
observed or associated assessments been identified. The parcel has adequate land area and suitable soils for
the construction of a conventional onsite wastewater treatment system (OWTS) that can be effectively
designed by a prof'essional engineer to meet conventional treatment design criteria and setback requirements
in accordance with the Garfield County OWTS Regulations for a single-family residence and ADU usage for
maximum regulatory design flows.
Based on our knowledge of the geotechnical conditions in the vicinity, the onsite soils are expected to
generally consist of slightly sandy, silty clay loam. The soils below an expected l2 inches of topsoil are
assumed to consist of medium dense silt loam soil type 2,to clay loam, soil type 3 from L0 to 6 feet below the
SOPR!5 FXIGIFIEERIhIG LLC
February 8,2024 Page 3
existing surface grades. Type 2 and 3 soil have an effective loading rates for conventional soil treatment of 0.6
to 0.35 gallS.F./day respectively for a level I conventional treatment system. Normal Groundwater levels are
expected to be below l0 to 20 feet from the existing down gradient and up gradient surface grades across the
site.
Pursuant to future development proposals, site specific soil evaluations will be performed prior to building
permit to verify the soils in the proposed OWTS field area to confirm loading rates and provide component
installation recommendations for final OWTS design and permit application approval. Final designs will be
submitted for an OWTS construction permit with detailed plans, specifications, component details and design
report. No limitations to OWTS design and construction are anticipated for this parcel.
7-204 Drainase and Erosion
The existing subject property is adjacent to the Colorado River and slopesfrom the north to the south
which drains into the Colorado river channel, no offsite drainage impacts this site other than minimal
drainage from the River Frontage Road ROW southem ditch.
Parcel 1 and Parcel2A areplanned to remain as irrigated agricultural fields with existing single-family
residences and associated agricultural buildings, which have historical drained to the Colorado River. No
change is planned in the drainage.
Parcel 2B is planned to remain as an irrigated agricultural field use, until a future limited impact review is
submitted to allow for the use as a storage facility. As part of the limited impact review a drainage plan,
erosion control plan and drainage study will be submitted that will address drainage away from all
buildings and will convey storm run-off in a way that will meet the standards of the Garfield County Land
Use standards of 7-204 Drainage and Erosion.
If the storage facility is not developed, and a single-family residence with associated buildings are
developed as is currently zoned, there is adequate land area to allow for proper drainage facilities. As part
of the building permit a drainage plan, erosion control plan and drainage study will be submitted that will
address drainage away from all buildings, convey storm run-off in a way that will meet the standards of the
Garfield County Land Use standards of 7-204 Drainage and Erosion.
7-106 Public Utilities
Parcel I and Parcel 2,A. currently have utilities as needed and no change is anticipated.
Parcel 28 has existing overhead power running parallelto River Frontage Road. This electric line is
owned and operated by the Xcel Energy. Xcel Energy has agreed to serve this Parcel, see attached Will
Serve Letter.
No phone in anticipated on Parcel2B at this time.
SOPRIS FNGII.]FFRING LI {]
February 8,2024 Page 4
Cable or natural gas are not currently available. Propane will be utilized for gas if needed.
7-107 Access and Roadwavs
The access to these parcels is controlled by US 6/River Frontage Road Access Control Plan. Parcel I and
Parcel 2Ahave current access from River Frontage Road and no change in access is anticipated.
Parcel 28 is planned to remain as agricultural use and access will remain as it has historically been used.
The future planned access for Parcel 2Bwill be accessed directly from the River Frontage Road via a
shared access with the parcel to the east (Osage Garden Greenhouse). An access Permit has been applied
for and granted under permit number 323130 - see Appendix B for the anticipated future storage facility
access.
Both the county and state standards for access will be met with the design of the future shared access to
Parcel 28. For layout of the site plan, the average daily trips (ADT) for the anticipated storage facility
were used. Per the (ADT) being applied to Table 7-107, a Semi Primitive Road, will be adequate for the
access to the anticipated storage facility.
7-108Use of Land Subiect to Natural Hazards
No natural hazards are anticipated, except for the south portion of the property which is within the 100-
year flood plain. No development is planned in the 1OO-year flood plain, setbacks from the 10O-year flood
plain will be adhered to on future development.
7-109 f ire Protection and llmersency Access
There is no change in the Fire and Emergency Access with the adjustment of the lot line between Parcel I
and Parcel 2A. lt is not anticipated that any additional Fire Protection and Emergency Access is required
at this time for the agricultural field. Fire protection and emergency access will deigned to allow adequate
access for all emergency and fire vehicles as part of a building permit for any development in the future.
Conclusion
SE has reviewed the Garfield County design standards as a process of designing the future development of
Parcel 28. Taking into consideration the impacts of environmental hazards? community develoiment, and
site safety. It is our understanding that this project meets all the county requirements and the state
standards. This development will not adversely affect the I-70 corridor to the Norlh and/or the neighboring
property to the East.
c'cPRls fi.l{ltNFtrR,N(i I I 1l
February 8,2024 Page 5
If you have any questions or need any additional information, please call
Sincerely,
SOPRIS ENGINEERING, LLC
Yancy Nichol, PE
Principal
Attachments:
. Appendix A-Water Quantity and Quality Testing
. Appendix B - CDOT Access Permit 323130
o Site plan
CC Fiou Family Ranch
Land Studio, Doug Pratte
SOPRIS ENGINEERINC I-LC
February 8,2024 Page 6
t'
Appendix A
See Applieation Exhibit G
S()PRIS EIIGINEER ING LLC
February 8,2024 PageT
Appendix B
SOPRIS ENGINFER IG LLC
COLORADO
Department of Transportation
Region 3
R3 Traffic Section, Access Unit
222S6th St, Rm 100
Grand Junction, CO 81501
PH (970) 683-6284 FAX (970) 683-6290
<<<<< e-maited >tt>>
September 11,2023 Permit No. 323130
155 Fiou Famity Ranch LLLP
36590 River Frontage Rd.
New Castte, Cotorado 81647
Dear Permittee:
1 . Ptease review the attached State Highway Access Permit (Form #101 ) and att enctosed attachments
2. lf 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), ptease complete the DocuSign process within 60
days of the transmittal date on the permit. Your signature confirms your agreement to att the listed
Terms and Conditions.
3. lf you fait to comptete the DocuSign within 60 days, the Cotorado Department of Transportation
(CDOT) wi[[ consider this permit withdrawn.
4. You may use the PayPat tink to pay for this permit or send a check or money order made payabte to
'CDOT" for the totat amount due of 5100.00 to our office.
5. lf 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 additionat 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 vatidated Access Permit and Notice to Proceed. Use of this permit without the Colorado Department
of Transportation's vatidation shatt be considered a violation of State Law.
lf you have any questions please ca[[ Kandis Aggen, Asst. Access Manager, at (970) 683-6270 or Brian
Kiltian, Region 3 Access Program Manager, at (970) 683-6284.
lf you choose to return the signed permit and/or check by mait, ptease send to:
Region 3 Access Unit
Attn: Kandis Aggen, Asst. Access Manager
2225 6th St, Rm 100
Grand Junction, CO 81501
resl
R3 Traffic Section, Access Unit, ZZZS.6th Street, Rm 100, Grand Junction, CO 81501 PH (970) 683-6284 www.codot.gov
COLORADO DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY ACCESS PERMIT
CDOT Permit No.
323130
State Highway No / Mp / Side
07041 100.474 / Right
Permit Fee
$100.00
Date of Transmittal
09t11t2023
Region / Section / Patrol / Name
3 I 02 I 2K10 Tracy Anthony
Local Jurisdiction
Garfield County
The Permittee(s)The Applicant(s)
155 Fiou Family Ranch LLLP
36590 River Frontage Rd.
New Castle, Colorado 81647
(970) 309-3670
Sopris Engineering LLC
502 Main St, Ste A-3
Carbondale, Colorado 81 623
(970) 704-0311
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 lssuing 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 ofthe exercise of
the permit.
Location: Located on the south side of the South Frontage Rd. aka River Frontage Rd. approximately 2530 feet east of MP 100 (Lat.
39.550359, Long. -1 07.597678)
Access to Provide Service to: (Land use code)
tSl - Mini-Warehouse 89.2 ksf
(Size)
't6
(Units)
DHV
Add itional I nformation :
Proof of easement will be 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
lnitiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to
being used.
The permittee shall notify Teshaylo Trujillo 2K3 with the Golorado Department of Transportation, at (303) 810-0883
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)
Required:
l.Region
2.Applicant
3.Staff Access Section
4.Central Files
Make copies as necessary for:
Local Authority lnspector
MTCE Patrol Traffic Engineer
Previous editions are obsolete and may not be used
Page 1 of3 CDOTFoTm#101 5/07
Copy Distribution:
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 rssurng authonty shall be tiled with the local authority
and be consistent with the appeal procedures of the local
authority.
3. ln 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. lf 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 2.41
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 rightof-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. lnspectors 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.
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. lf 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. lf 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. lf 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 rightof-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 righlof-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. ln 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. lt 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. lf 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
shallcomply 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
STATE of COLORADO HIGHWAY ACCESS PERMIT
ADDITIONAL TERMS and CONDITIONS
September 11, 2023 PERMIT No. 323130
Permittee(s): 155 Fiou Famity Ranch LLLP
Location: Garfietd County on CO Highway 070A, near Mite Ref . Pt. 100.474 Right
1. This permitted access is onty for the use and purpose stated in the Apptication 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 retocation, reconstruction, modifications, the type of traffic using the
access or20% increase in votume to the access or shatl require a new apptication and coordination
with Cotorado 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 reptaces any and atl additional access permits that may be in existence for this access.
3. This permit is for mini storage use.
4. The traffic votume shatl be 16 DHV (Design Hourty Votume).
5. The Highway Access Category is F-R.
6. This access shatl have a fut[ turning-movement.
7. This access shat[ be designed and constructed to CDOT's standards.
8. Proof of easement is required prior to issuing the Notice to Proceed.
9. A Notice to Proceed. CDOT Form 1265. is required before beeinning construction on the access
or any activity within the hiehway Rieht-of-Wav. To receive the Notice to Proceed 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 requesting a Notice to Proceed, and the intended date to begin construction.
(b) One (1) etectronic copy ptan set (11"x17" with a minimum scate of 1" =50') This ptan set must
be in futt comptiance with the State Highway Access Code. The ptans shatl provide the contact
information for the Design Engineer, if appticabte, and the fottowing items:
i) Ptan view with driveway dimensions - turning radius, width, slope, gates, etc.
ii) Typicat road section - existing and proposed sub base, base, pavement, and shoulder
dimensions.
iii) Centerline profite of the access/highway connection showing depths, driveway stope, etc.
(c) Certificate of lnsurance for Liabitity as per Section 2.3(11)(i) of thc State Highway Access Code,
naminq CDOT on the face of the certificate as "an additiona[ insured for qeneral liabilitv";
(d) A certified Traffic Control Ptan (TCP) in accordance with Section 2.4(6) of the Access Code and
the Manual on Uniform Traffic Control Devices (MUTCD);
i) A TCP that identifies the correct wording, number, spacing, and type of devices to be used,
according to MUTCD standards and CDOT's Work Zone Safety Guidelines for lAunicipalities,
Utilities, and Contractors, and be based on the highway speed, lane width, and location;
and
ii) A TCP that sha[[ provide accessibitity features to accommodate atl pedestrians inctuding
persons with disabitities for att pathways during construction.
STATE of COLORADO HIGHWAY ACCESS PERMIT
ADDITIONAL TERMS and CONDITIONS
September 11, 2023 PERI IT No. 323130
Permittee(s): 155 Fiou Famity Ranch LLLP
Location: Garfietd County on CO Highway 070A, near Mite Ref. Pt. 100.474 Right
10.The horizonta[ axis of the access to the State Highway shat[ be constructed perpendicutar to the
centertine of the highway and extend from the edge of the roadway a minimum distance of 40 feet,
or to the property [ine, whichever is greater. This design shatl be in conformance with section 4 of
the Access Code.
11. Side slopes shatl be at a 4:1 stope on the roadway. The roadway shatl stope away from the highway
at a -2% grade for the first 20 feet of driveway. This design shatl be in conformance with section
4 of the Access Code.
12. Access width and geometry shatt be determined by designing the access for the largest vehicte
using the access on a consistent basis per Section 4.5 of the Access Code.
13. lmmediatety upon comptetion of earthwork the access shatl be hard-surfaced a minimum distance
of 50 feet from the traveted way, or to the CDOT Right-of-Way, whichever is greater. Where the
hard surface is to abut the existing pavement, the existing pavement shatl be saw cut and removed
a minimum of one foot back from the existing edge, or unti[ an acceptabte existing cross stope is
achieved. Surfacing shatl meet CDOT's specifications with minimum surfacing to be equat to, or
greater than, existing highway conditions in conformance with section 4 of the Access Code.
14.Materials, Placinq, and Compaction
Untess the Appticant has approval from the Access Manager who may state otherwise, the
fotlowing are minimum requirements for driveway construction:
Hot Mix Asphatt Option (HAM)
Base: 16 inches of ctass 6 gravet with maximum 6-inch lifts;
Surface: 4 inches of Hr!1A in two, 2-inch lifts;
Compaction of the subgrade, embankments and backfitt sha[[ compty with sections 203
& 304 of the Cotorado Highway Standard Specifications for Road and Bridge
Construction.
Concrete Pavement Option: Porttand Cement (PCCP)
Base: 4 inches of ctass 6 gravet;
Surface: A minimum of 6" of doweted and tied PCCP.
Compaction of the subgrade, embankments and backfitt shatl compty with sections 203
& 304 of the Colorado Highway Standard Specifications for Road and Bridge
Construction.
15. This permit attows for onsite construction as tong as such use does not viotate any terms of the
permit. Permittee shatl coordinate with CDOT for onsite construction and shatl provide a traffic
control ptan and proof of tiabitity insurance. lf the access location, votume, or turning movement
for onsite construction is different from the permitted access, a new temporary construction permit
may be required.
16. No drainage from this site shatl enter onto the State Highway trave[ lanes. The Permittee is
required to maintain at[ drainage in excess of historical ftows and time of concentration on site.
At[ existing drainage structures shatl be extended, modified or upgraded, as appticabte, to
STATE of COLORADO HIGHWAY ACCESS PERMIT
ADDITIONAL TERMS and CONDITIONS
September 11,2023 PERMIT No. 323130
Permittee(s): 155 Fiou Famity Ranch LLLP
Location: Garfietd County on CO Highway 0704, near Mite Ref. Pt. 100.474 Right
accommodate all new r.nnstrrrrfinn and safetv standards in arrnrdancp with the CDOT'q sfandardLrt Jssr
specifications.
17. Open cuts, which are at least 4 inches in depth, within 30 feet of the edge of the State Highway
traveled way, witl not be left open at night, on weekends, or on hotidays, or shat[ be protected
with a suitabte barrier per State and Federal Standards.
18. Nothing in this permit shatl prohibit the Chief Engineer from exercising the right granted in CRS 43-
3-102 lncluding but not [imited to restricting left hand turns by construction of physical medial
separations
19. Under no circumstances sha[[ the construction of a private driveway by a private interest
interfere with the comptetion of a pubtic highway construction project.
20. Any current or proposed cattle guard shatt be maintained futty within the property boundaries
and at[ repairs are the sote responsibitity of the property owner.
21. Backing maneuvers within and onto the state highway right-of-way are strictty prohibited. Att
vehictes shatt enter and exit the highway right-of-way in a forward movement. Backing into the
right-of-way shatt be considered a viotation of the Terms and Conditions of the Access Permit and
may resutt in the revocation of the permit by CDOT and/or lssuing Authority.
22. This access permit is issued for the entire parcet(s). No additional accesses witl be granted for
these parcels or any future parcets as a resutt of sptitting or dividing tand. Att accesses to newty
created parcets shatl be provided internatty from this access. (This is onty for FW, EX, R-A and
NR-A).
23. The Permittee assumes responsibitity for any and atl easements that are associated with this
access. lf an easement is part of this access permit, CDOT shatl not be liabte for incorrect
information in the easement documentation and it's the permittees responsibility to ensure atl
appticabte laws and regutations have been fottowed.
24. The Permittee is responsibte for obtaining any necessary additional Federat, State and/or
City/County permits or ctearances required for construction of the access. Approvat of this access
permit does not constitute verification of this action by the Permittee. Permittee is atso
responsibte for obtaining atl necessary utiLity permits in addition to this access permit.
25. Att workers within the State Highway right-of-way shalt comply with their emptoyer's safety and
heatth policies/procedures, and a[[ applicabte U.S. Occupational Safety and Heatth Administration
(OSHA) regutations - including, but not timited to the appticabte sections of 29 CFR Part 1910 -
Occupational Safety and Health Standards and 29 CFR Part 1926 - Safety and Heatth Regulations
for Construction. Personal protective equipment (e.9. head protection, footwear, high visibitity
apparel, safety gtasses, hearing protection, respirators, gloves, etc.) shatl be worn as appropriate
for the work being performed, and as specified in regutation.
26. The Permittee shatt provide accessibility features to accommodate atl pedestrians inctuding
persons with disabitities for a[[ pathways during and after construction.
27.The Permittee is required to compty with the Americans with Disabitities Act Accessibitity
Guidetines (ADAAG) that have been adopted by the U.5. Architectural and Transportation Barriers
Comptiance Board (Access Board), and incorporated by the U.S. Attorney General as a federal
STATE of COLORADO HIGHWAY ACCESS PERMIT
ADDITIONAL TERMS and CONDITIONS
September 11,2023 PERMIT No. 323130
Permittee(s): 155 Fiou Famity Ranch LLLP
Location: Garfietd County on CO Highway 070A, near Mile Ref. Pt. 100.474 Right
standard. These guidelines are defining traversable stope requirements and prescribing the use of
a defined pattern of truncated domes as detectable warnings at street crossings. The new
Standards Ptans and can be found on the Design and Construction Project Support web page at:
https : / /www.codot. qov/ busi ness / desiensupport/ standard- plans .
28. When it is necessary to remove any highway right-of-way fence, the posts on either side of the
access entrance shatl be securety braced with approved end posts and in conformance with CDOT's
M-607-l standard, before the fence is cut, to prevent stacking of the remaining fence. At[ materials
removed shatl be returned to CDOT.
29. lt shatt be the responsibitity of the Permittee to maintain adequate sight distance for this driveway.
Trimming of vegetation or trees to maintain adequate sight distance is the sote responsibitity of
the Permittee.
30. CDOT wi[[ determine the extent of inspection services for the work. A dail.y inspection may
be done by CDOT from the time work begins inside the highway right-of way until the job is
compteted and right-of-way restored to its original condition.
31. 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. At[
Dimensions and etevations shatl be confirmed and correlated at the job site. CDOT, through
the approval of this document, assumes no responsibitity for ptan omissions or errors.
32. 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
conftict with permit work; 4) Any condition deemed unsafe for workers or the general pubtic. The
work may be resumed upon notice from the CDOT lnspector
33. The permittee, his or her heirs, successors-in-interest, assigns, and occupants of the property
serviced by the access sha[[ be responsibte for meeting the terms and conditions of the permit, the
repair and maintenance of the access beyond the edge of the roadway including any cattte guard
and gate, and the removal or ctearance of snow or ice upon the access even though deposited on
the access in the course of CDOT's snow remova[ operations. Within unincorporated areas the CDOT
witt keep access cutverts ctean as part of maintenance of the highway drainage system. However,
the permittee is responsibte for the repair and reptacement of any access-retated cutverts within
the right-of-way. Within incorporated areas, drainage responsibitities for municipatities are
determined by statute and [oca[ ordinance. CDOT wi[[ maintain the roadway inctuding auxitiary
lanes and shoutders, except in those cases where the access instaltation has faited due to improper
access construction and/or faiture to fottow permit requirements and specifications in which case
the permittee shatt be responsibte for such repair. Any significant repair such as cutvert
replacement, resurfacing, or changes in design or specifications, requires authorization from CDOT.
34. Any damage to present highway facitities inctuding traffic control devices sha[[ be repaired
immediatety at no cost to the Department and prior to continuing other work.
35. During access construction, no construction-retated, personal vehictes wit[ be permitted to park in
the state highway right-of-way.
36. Any mud or other material tracked, or otherwise deposited, on the roadway shatl be removed daily
or as ordered by CDOT's inspector. lf mud is an obvious condition during site construction, it is
STATE of COLORADO HIGHWAY ACCESS PERMIT
ADDITIONAL TERMS and CONDITIONS
September 11,2023 PERMIT No. 323130
Permittee(s): 155 Fiou Famity Ranch LLLP
Location: Garfietd County on CO Highway 0704, near Mile Ref. Pt. 100.474 Right
recommended that the contractor buitd a Stabitized Construction Entrance or Scrubber Pad at the
intended construction access to aid in the removal of mud and debris from vehicle tires. The
detaits of the Stabitized Construction Entrance can be found in the M e S Standards Ptan No. M-
208-1.
37. A futtv-executed, comptete copv of this permit and the Notice to Proceed must be on the iob site
with the contractor at att times durins the construction. Faiture to compty with this or any other
construction requirement may result in the immediate suspension of work by order of the
Department inspector or the issuing authority.
38. No work wit[ be attowed at night, Saturdays, Sundays and [ega[ hotidays without prior authorization
from the CDOT. CDOT may also restrict work within the State Highway right-of-way during adverse
weather conditions.
39. The access shatl be compteted in an expeditious and safe manner and shatt be compteted within 45
days from initiation of construction within State Highway right-of-way or in accordance with written
concurrence of the Access Manager. At[ construction sha[[ be compteted in a singte season.
40. Att costs associated with any type of utitity work wit[ be at the sole responsibitity and cost of the
Permittee and at no cost to CDOT.
41 . Areas of roadway and/or right-of-way disturbed during this instattation shatl be restored to their
original conditions to insure proper strength and stabitity, drainage and erosion controt.
Restoration shatI meet the Department's standard specifications for topsoi[, fertitization,
mutching, and re-seeding.
42. Permittee is required to comptete the construction according to the terms and conditions of the
permit prior to using the access. lf the access is used prior to CDOT finat acceptance, CDOT may
suspend or revoke the permit, until construction is compteted per the terms and conditions of the
permit.
43. Upon the comptetion of the access (and prior to any use as attowed by this permit), the Appticant
sha[[ notify the Access Manager within 10 days to request a final inspection. This request shatl
inctude certification that atl materiats and construction have been compteted in accordance with
atl appticabte Department Standards and Specifications; and that the access is constructed in
conformance with the State Highway Access Code, 2 CCR 601-1, inctuding this permit. The Engineer
of Record as indicated on the construction ptans, 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.
44.|f any construction etement fails within two years due to improper construction or material
specifications, permittee shatl be responsibte for atl repairs. Faiture to make such repairs may
resutt in suspension of the permit and ctosure of the access.
EOLCIRAN*
D*partment of
Transportaricn
What is stormwater runofi?
Stormwater runoff occurs when precipitation from rain or snowmelt
flows over the ground. lmpervious surfaces like roads and sidewalks
prevent stormwater from naturally soaking into the ground
Why is stormwater runoff e pro[ierri :j
Stormwater can pick up debris, chemicals, dirt and other
pollutants and flow into CDOT's storm drain system or directly
into a stream, river, lake, wetland or reservoir. Anything that
enters CDOIs storm drain system is discharged untreated into
the waterways we use for fishing, swimming, and providing
drinking water.
Tips for Reporting an lllicit Dischorge
Call the illicit discharge hotline at (3O3lSL2-4426
From a safe distance try to estimate the amount of
the discharge.
ldentify characteristics of the discharge (color, odor,
algae, etc.).
Obtain information on the vehicle dumping the
waste (if applicable).
Do not approach !
Call *CSP for illicit dumping.
lf possible, take a photo, record a license plate.
,r i; frr-i : 't: i;; 't: l. ) :: :,t : :!:t.;,,itUiqr. ,! ftttt'.t
For more information on CDOT Utility
Permits:
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For more information on CDOT Access
Permits:
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nerririrs
For more information on CDOT Water Quality
Program:
Water Quality Prograrn lVanager
4201 E. Arkansas Ave.
Shumate Building
Denver, Colorado 80222
303-157-9143
COLORADO
Fepartment t:f
Transportati0n
Water Quality Drt,grilrr
Industrial Facilities
l)r-ogronl
CDOT has a Municipal Separate Storm Sewer System permit,
otherwise known as (M54) from the Colorado Department of
Public Health and Environment. The permit states that only
stormwater can be discharged from CDOT'S storm drain system
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As port of the permit, CDOT has severol different
progrqms to prevent pollutonts from entering into
the storm drain system:
Construction Site Program
New Development Redevelopment Program
lllicit Discharge Program
lndustrial Facilities Program
Public Education and Outreach Program
Pollution Prevention and Good Housekeeping
Program
Wet Weather Monitoring Program
Dredged spqiL dirt, sl$rry" solid waste, incinerator
residue, sewage, sewage sludge, garbage, trash,
chemical waste, biological nutrient, biological
material, radioactive material, heat, pH, wrecked or
discarded equipment. roek, sand, any industrial,
municipal, or agricultural waste.
lcol-oRADo
Departrnerrt of
i Transportaiicn
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i Department of
I TransportatiCInffi
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Control Measures
for lndustrial
Facilities
lndustrialfacilities can use control measure: (CM)
otherwise known as Best Management Practices
(BMP) during the construction of a facility and when
operating the facility. control measures are schedules
of activities, maintenance procedures, and other
management practices to prevent and redu:e
pollution entering into CDOT,s storm drain system.
Control Measures also include treatment, of,erating
procedures, and practices to control site run off
which can include structural and non-structJral
controls.
TITf; fr*UNTtXT
CDOT defines a utility, or utility facility as any
privately, publicly, or cooperatively owned
line, facility, or system producing, transmitting
or distributing the following:
/ Communications/ cable televisiony' Power/ Electricity
r' Lighty' Heat Gas./ o-il
/ Crude Products
/ water/ streamy' Waste/ Stormwater not connected with highway drainage
r' Similar Commodity
lndustrial Facilities Program Elements:
t. Educate and outreach to owners
or operators that have potential to
contribute substantial poll utant to
water.
2. Report and include information on
discharge and water quality
concerns. Provide written
notification within 15 days of
discovery to CDPHE.
3. Submit an annual report to CDPHE
containing the number of
informational brochures
distributed; name and title of each
individual trained.
Education
There are instan,ces when a utility
company or other entity doing work in the
state highway right-of-way will require
some type of environmental permit or
clearance for that work. CDOI- has put
together an Environmental Clearances
lnformation Summary for those applying
for a CDOT Utility and Special Use Permit
or Access Permit to obtain all required
clearances. This fact sheet is given to each
permittee and is available at:
htto: / /www. coioradodot.info/ crrosrams/
environ menta[ / resources/ quidance-
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COLORADO DEPARTMENT OF TRANSPORTATION
E nvi ronmental Clearances I nformation S um mary
PURPOSE - This summary is intended to inform entities external to CDOT that may be entering the state highway right-of-way to
perform work related to their own facilities (such as Utility, Special Use or Access Permittees), about some of the more commonly
encountered environmental permits/clearances that may apply to their activities. This listing is not all-inclusive-additional
environmental or cultural resource permits/clearances may be required in certain instances. Appropriate local, state and federal
agencies should be contacted for additional information if there is any uncertainty about what permits/clearances are required for a
specific activity. IMPORTANT: Please Review The Following lnformation Carefully - Failure to Gomply With Regulatory
Requirements May Result ln Suspension or Revocation of Your CDOT Permit, Or Enforcement Actions By Other
Agencies.
CLEARANCE CONTACTS - As indicated in the permiVclearance descriptions listed below, the following agencies may be
contacted for additional information:. Colorado Department of Public Health and Environment (CDPHE): General lnformation - (303) 692-2000
Water Quality Control Division (WQCD): (303) 692-3500
Environmental Permitting Website https://www.colorado.qov/pacific/cdohe/all-oermits. CDOT Water Quality Program Manager: (303) 5124053 httos://www.codot qov/proqrams/environmental/water-qualitv
. CDOT Asbestos Project Manager: (303) 512-5519. Colorado Office of Archaeology and Historic Preservation: (303) 866-5216. U.S. Army Corps of Engineers, District Regulatory Offices:
Omaha District (Northeastern CO), Denver Office (303) 979-4120
http://wvwv. nwo. usace.armv.mil/Missions/RequlatorvProoram/Colorado.aspx
Sacramento District (Western CO), Grand Junction Office (970) 243-1199
http://www. spk. usace. armv. m illMissions/Regulatorv. aspx
Albuquerque District (Southeastern CO), Pueblo Office (719) 543-9459
http://www.spa.usace.armv.mil/MissionslRegulatorvProqramandPermits.aspx
o CDOT Utilities, Special Use and Access Permitting: (303) 757-9654 https://www.codot.oov/business/permits
Wildlife Resources - Disturbance of wildlife shall be avoided to the maximum extent practicable. Entry into areas of known or
suspected threatened or endangered species habitat requires special authorization from the CDOT permitting office. lf any
threatened or endangered species are encountered during the progress of the permitted work, work in the subject area shall be
halted and the CDOT Regional Permitting Office and Region Planning and Environmental Manager shall be contacted
immediately. Authorization must be provided by CDOT prior to the continuation of work. lnformation about threatened or
endangered species may be obtained from the CDOT website, htto://www.codot.qov/proorams/environmental/wildlife/guidelines, or
the Colorado Parks and Wildlife (CPW) website, http://www.cow.state co.us/learn/Paoes/SOC-ThreatenedEndanoeredList.aspx.
Additional guidance may be provided by the appropriate Region Planning and Environmental Manager (RPEM).
Cultural Resources - The applicant must request a file search of the permit area through the Colorado Office of Archaeology and
Historic Preservation (OAHP), Denver, to ascertain if historic or archaeological resources have previously been identified
(https://www.historycolorado.oro/file-access; 303-866-5216). lnventory of the permit area by a qualified cultural resources
specialist may be necessary, per the recommendation of CDOT. lf archaeological sites/artifacts or historic resources are
encountered as the project progresses, all work in the subject area shall be halted and the CDOT Regional Permitting Office and
Region Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to
the continuation of work. Additional guidance may be provided by the Regional Permitting Office and RPEM.
Paleontoloqical Resources - The level of effort required for paleontological resources is dependent on the amount of ground
disturbance, including rock scaling, digging, trenching, boring, ground leveling, and similar activities.. lf the permit will involve extensive ground disturbance (generally involving more than one mile of CDOT ROW), a full review
will be required by a qualified paleontologist, including map, file, and locality searches, with final recommendations provided by
the CDOT paleontologist upon receipt of the report. Based on results of the review, a survey or inventory of the permit area
may be necessary.. lf the permit will involve a small amount of ground disturbance (less than one mile of ROW), the applicant must request a fossil
locality search through the University of Colorado Museum of Natural History (https://www.colorado.edu/cumuseum/research-
collections/oaleontoloqv/policies-procedure) and the Denver Museum of Nature and Science
(https:/iwww.dmns.orq/science/earth-sciences/earth-sciences-collectionsi). Themuseumcollectionsmanagerwill provide
information about localities in the project area. lf there are no known localities, the permit requirement for paleontology is
complete upon submitting that information to CDOT. lf there are known localities, the CDOT paleontologist will be contacted
by the museum with details, and additional recommendations will be made if necessary. Note that museum staff are not
required to disclose the details of fossil localities to the permit applicant, nor is detailed locality information required for the
permit application to proceed.
. lf the permit does not involve ground disturbance, no action is required for paleontological resources. lf fossils are
encountered during the permitted action, all work in the immediate area of the find should stop and the CDOT Staff
Paleontologist and the Region Environmental Manager should be contacted immediately. Authorization must be provided by
CDOT prior to the continuation of work. Additional guidance may be provided by the Regional Permitting Office in the Permit
Special Provisions. Contact lnformation: See the museum websites listed above. The CDOT Paleontologist is not able to
conduct locality searches independently. For further information contact CDOT Paleontologist Nicole Peavey at
nicole.peavev@siate.co us or (303) 757-9632.
Environmental Clearances lnformation Summary Page 1 of 3 Colorado Department of Transportation July 2020
Hazardous Materials. Solid Waste - The Solid Wastes Disposal Sites and Facilities Act C.R.S. 30-20-100, et al, and Regulations
Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), prohibit solid waste disposal without an approved
Certificate of Designation (a landfill permit). The Colorado Hazardous Waste Act C.R.S. 25-15-301 et al, and the Colorado
Hazardous Waste Regulations (6 CCR 1007-3) prohibit the transfer, storage or disposal (TSD) of hazardous waste except at
permitted TSD sites. There are no permitted landfills or TSD sites within the State Highway Right of Way. Therefore, all solid or
hazardous wastes that might be generated by the activities of entities entering the State Highway Right of Way must be removed
from the ROW and disposed of at a permitted facility or designated collection point (e.9., for solid waste, a utility or construction
company's own dumpster). lf pre-existing solid waste or hazardous materials contamination (including oil or petroleum
contaminated soil, asbestos, chemicals, mine tailings, etc.) is encountered during the performance of work, the permittee shall halt
work in the affected area and immediately contact the CDOT Regional Permitting Office for direction as to how to proceed.
Contact Informafion.'Theresa Santangelo-Dreiling, CDOT Hazardous Materials Management Supervisor: (303) 512-5524.
Asbestos Containinq Materials. Asbestos Contaminated Soil - All work on asbestos containing materials (ACM) must comply
with the applicable requirements of the CDPHE Air Pollution Control Division's (APCD) Regulation 8. Disposal of ACM, and work
done in asbestos-contaminated soil, must comply with the CDPHE Hazardous Materials and Waste Management Division's
(HMWMD) Solid Waste Regulations. The application for any CDOT permit must specifically identify any ACM involved in the work
for which authorization is being requested. Additional guidance or requirements may be specified in the permit special provisions.
Contact Info: CDPHE APCD and HMWMD Regulations can be accessed via the CDPHE Environmental Permitting Website listed
above. Additional information concerninq clearance on CDOT proiects is available from the CDOT Asbestos Project Manager
(303) 949-2729, or Theresa Santangelo-Dreiling, Hazardous Materials Management Supervisor: (303) 512-5524.
Transportation of Hazardous Materials - No person may offer or accept a hazardous material for transpodation in cornmerce
unless that person is registered in conformance with the United States Department of Transportation regulations at 49 CFR, Part
171. The hazardous material must be properly classed, described, packaged, marked, labeled, and in condition for shipment as
required or authorized by applicable requirements, or an exemption, approval or registration has been issued. Vehicles requiring a
placard, must obtain authorization and a State HAZMAT Permit from the Colorado Public Utilitbs Commission. Contact
lnformation: For authorization and more info call the Federal Motor Safety Carrier Administration, US DOT for inter- and intra-
state HAZMAT Registration (303) 969-6748. Colorado Public Utilities Commission: (303) 894-2868.
Discharqe of Dredqed or Fill Material - 404 Permits Administered Bv the U.S. Armv Corps of Enqineers. and Section 401
Water Qualitv Gertifications lssued bv the CDPHE WQCD - Clean Water Act section 404 permits are often required for the
discharge of dredged or fill material into waters of the U.S., including wetlands. Several types of section 404 permits exist,
including nationwide, regional general, and individual permits. Nationwide permits are the most commonly authorized type for
activities with relatively minor impacts. lf an individual 404 permit is required, section 401 water quality certification from the
CDPHE WQCD is also required. Contact the appropriate Corps District Regulatory Office for information about what type of 404
permit may be required (contact information above). Contact the CDPHE Water Quality Control Division at (303) 692-3500.
Workinq on or in anv stream or its bank - ln order to protect and preserve the state's fish and wildlife resources from actions
that may obstruct, diminish, destroy, change, modify, or vary a natural existing stream or its banks or tributaries, it may be
necessary to obtain a Senate Bill 40 certification from the Colorado Department of Natural Resources. A stream is defined as 1)
represented by a solid blue line on USGS 7.5' quadrangle maps; and/or 2) intermittent streams providing live weter beneficial to
fish and wildlife; and/or 3) segments of streams supporting 25oh or more cover within 100 yards upstream or downstream of the
project; and/or 4) segments of streams having wetlands present within 200 yards upstream or downstream of the project measured
by valley length. The CPW application, as per guidelines agreed upon by CDOT and CPW, can be accessed at
https:/lwww. codot. qov/proqrams/environmental/wi ldlife/q uidel ines.
Erosion and Sediment Control Practices - Any activities that disturb one or more acres of land require a Stormwater
Construction Permit (SCP) from the CDPHE-WQCD. Erosion & sediment control requirements will be specified in that permit. ln
situations where a stormwater permit is nof required, all reasonable erosion and sediment control measures should be taken to
minimize erosion and sedimentation. Control practices should be in accordance with CDOT Standard Specifications 107.25,2O8,
2'13 and 216 (https://www.codot.qov/business/desiqnsupporVcdot-construction-specifications). The CDOT Erosion Control and
Stormwater Quality Guide (website: https://www.codot.qov/proqrams/environmental/landscape-architecture/erosion-storm-qualitv)
can also be used to design erosion/sediment controls. Contact Information.' Contact the CDPHE-WQCD at (303) 692-3500.
Website: https://www.colorado.qov/oacific/odBhe/wq-construction-general-permits
Site Stabilization - All disturbances require a stabilization plan, native seeding or landscape design plan according to applicable
CDOT Standard Specifications 212-217 and 623. The CDOT Erosion Control and Stormwater Quality Guide should also be used
to plan restoration of disturbed vegetation. Website: https://wyurv_codot.gov/proqrams/environmental/landscape-
architectu re/erosion-storm-qualitv
Stormwater Discharqe From lndustrial Facilities - Discharges of stormwater runoff from certain types of industrial facilities, such
as concrete batch plants - require a CDPS Stormwater Permit. Contact Informafion.'Contact the CDPHE-WQCD at (303) 692-
3500. Website: https //colorado.gov/pacificicdpheiwq-commerce-and-inciustrv-permits
Concrete Washout - Waste generated from concrete activities shall NOT be allowed to flow into the drainage ways, inlets,
receiving waters, or in the CDOT ROW. Concrete waste shall be placed in a temporary concrete washout facility and must be
located a minimum of 50 feet from state waters, drainageways, and inlets. Concrete washout shall be in accordance to CDOT
specifications and guidelines at https://wvvw.codot.qov/busirress/desiqnsuppofl/cdot-constructiorr-specifications and refer to the
specifications and their revisions for sections 101 , 107 and 208.
Construction Dewaterinq (Discharqe or lnfiltration) and Remediation Activities - Discharges of water encountered during
excavation or work in wet areas may require a Construction Dewatering or Remediation Activities Discharge Permit. Contact
Environmental Clearances lnformation Summary Page 2 of 3 Colorado Department of Transportation July 2020
lnformation: Contact the CDPHE-WQCD at (303) 692-3500. For Applications and lnstructions
https./lwww. colorado.qov/pacific/cdphe/wq-construction-qeneral-permits.
Municioal Separate Storm Sewer Svstem (MS4) Requirements - When working in a MS4 area, discharges to the storm sewer
system are subject to CDOT's or other municipalities' MS4 Permit. For activities within the boundaries of a municipality that has a
MS4 permit, the owner of such activity should contact the municipality regarding stormwater related requirements. All discharges
to the CDOT highway drainage system or within the Right of Way (ROW) must comply with the applicable provisions of the
Colorado Water Quality Control Act, the Water Quality Control Commission WOCC) Regulations
(httos://www.colorado.oov/pacific/cdphe/wqcc-requlations-and-policies-and-water-qualitv-statutes) and the CDOT M54 Permit
#CO5-000005 (https://www.codot.qov/proqrams/environmental/water-qualitv/documents). Discharges are subject to inspection by
CDOT and CDPHE. For CDOT-related MS4 programs and requirements, go to:
https://www.codot.qov/proqrams/environmental/water-qualitv/stormwater-oro,arams.
Post-Gonstruction Permanent Water Qualitv - When working in a CDOT MS4 area and the activity disturbs one or more acres,
permanent water quality control measures may be required. lnformation on the requirements can be found under the CDOT
Permanent Water Quality MS4 Program at: https://www.codot.oov/oroqrams/envjronmental/water-qualiiv/stormwater-
proqrams/pwq-permanent-water-quality
Discharqes to Storm Sewer Svstems
Prohibited Discharqes - All discharges are subject to the provisions of the Colorado Water Quality Control Act and the Colorado
Discharge Permit Regulations. Prohibited discharges include, but are not limited to, substances such as wash water, paint,
automotive fluids, solvents, oils or soaps and sediment.
Allowable Discharqes - The following discharges to stormwater systems are allowed without a permit from the CDPHE-WQCD:
Iandscape irrigation, diverted stream flows, uncontaminated ground water infiltration to separate storm sewers, discharges from
potable water sources, foundation drains, air conditioning condensation, irrigation water, uncontaminated springs, footing drains,
water line flushing, flows from riparian habitats and wetlands, and flow from firefighting activities. Contact lnformation. Contact
the CDPHE-WQCD at (303) 692-3500. lnformation can also be found in the CDOT lllicit Discharge MS4 Program PDD at:
https://www.codot.oov/proqrams/environmental/water-oualitv/stormwater-proqrams/idde.html.
Spill Reportinq - Spills shall be contained and cleaned up as soon as possible. Spills shall NOT be washed down into the storm
drain or buried. All spills shall be reported to the CDOT lllicit Discharge Hotline at (303) 512-4426 (4H20), as well as the Regional
Permitting Office and Regional Maintenance Supervisor. Spills on highways, into waterways, any spill in the highway right-of-way
exceeding 25 gallons, or that may otherwise present an immediate danger to the public shall be reported by calling 911, and shall
also be reported to the CDPHE al 1-877-518-5608. More information can be found at
https://www colorado.qovlpacific/cdphe/emerqencv-reportinq-l ine.
Disposal of Drillinq Fluids - Drilling fluids used in operations such as Horizontal Directional Drilling may be classified as
"discharges" or "solid wastes," and in general, should be pumped or vacuumed from the construction area, removed from the State
Highway Right of Way, and disposed of at permitted facilities that specifically accept such wastes. Disposal of drilling fluids into
storm drains, storm sewers, roadside ditches or any other type of man-made or natural waterway is prohibited by Water Quality
Control and/or Solid Waste regulations. Small quantities of drilling fluid solids (less than 1 cubic yard of solids) may be left on-site
after either being separated from fluids or after infiltration of the water, provided: 1) the drilling fluid consists of only water and
bentonite clay, or, if required for proper drilling properties, small quantities of polymer additives that are approved for use in
drinking water well drilling; 2) the solids are fully contained in a pit, and are not likely to pose a nuisance to future work in the area,
3) the solids are covered and the area restored as required by CDOT permit requirements (Utility, Special Use, or Access Permits,
etc.). Contact lnformation' Contact CDPHE (telephone #'s listed above).
Noxious Weeds and lnvasive Species Manasement Plan - Noxious Weeds and lnvasive Species guidance can be found by
contacting the Colorado Department of Agriculture (https://www.colorado.qov/pacific/aoconservation/noxiousweeds) and the
Colorado Division of Parks and Wildlife (http://cpw state.co.us/aboutus/Paqes/RS-NoxiousWeeds.aspx). ln either case,
management plans involving the control of noxious weeds associated with the permitted activity and cleaning of equipment will be
required.
Environmental Clearances lnformation Summary Page 3 of 3 Colorado Department of Transportation July 2020
COLORADO DEPARTMETTIT OF TRAI{SPORTANOil
STATE Hrc}ffUAY ACCESS PERM]T APPLICATION
lssuing aulhoriV application
acceptanca date:
lnsfiiclions:Contact the Colorado Departmert of Transponatbn (CDOT) or your local gpvemment to delermine your issuing authorig.
Contact the issuing authority to determine what plans and oher docxrmenb are required lo be submitted with your appfication.
Corplete this forrn (some questions may not apply to you) and attiach all necessary documents and Submit it to the issuing authority.
Submit an application for each acc€ss aftected,
lf you have any quesfions contact the issuing authority.
ForadditionalinformationseeCDOT'sAccessManagemenlwebsiteat httpa:tlwuff,codctgov/bugin ssrpormit#accoglo€nnitr
Plea prlnt
or upe
1) Property owner (Permiftee)
155 FIOU FA}fTI,Y R.I{NCH T,T.T.P
2) Applicant or.Agent for permittee (it different ftom propeny owner)
SOPRIS ENGINEERING A!lr: YAt{Cl NIClto&
Sireetaddress
36590 R,rlruR FROIqTAGE R,CAD
Mailing address
302 I,'AI}T STR.EET SIJITE A3
City, state & zip
t{g!{ cAsTr.E co 81547
Phone #
970-309-3670
Gfiy, stale & zip
CARBOT{DAI"E CO
Phone# {requirsd)
9?0-704-0311
E-mailaddress
rd@gwsford. com
E-mail address if ayailable
yrui. chol 0 sopri seng. com
3) Address ot propertyto be served by permit (requtred)
36620 RrvER ERONTA@ ROAD, NEW CASTLE, CO 8164?
of prop€rty: lf within iurisdictional limib of
subdivision block
which one?
munty
GARTII,D
Iot !€ciloo6}HD7 tovillrlil6 SOtIrI{
.6a{o
9X
What State Highway are you requesting accessfrom?
1-70 RTVER ESOHTAG ROAD
6)What side ol the
E W
7)many fest is the proposed access lrom lhe nearest mile post?How many feet is the proposed access nsar€st cross street?
2375 feet S E q66. 100 L3,728 feet from: Co RD 311 & I70 Fron! RD
what you intend to begin construction?
5l!/2023
9) Check here if you are requesting a:
finew access f]temporary access (duration anticipated:
f]change in access use f]removat of accsss
)I-limprovement to existtng access
f:Jelocation of an existing accees (provido detail)
1 0) Provide existino property use
ARICULE{IR,IE
11) Do you havo knowledgs of any State Highli/ay access permits serving this property, or adjacent properties in which you havo a pop€rty interest?
EIno flYes, it ves - what are the permit number(s) and provide copies: and/or, permitdate:
12) Does owner own or have any interests in any adjacentproperly?
yes, ii yes - please describe:
1 3) Are there other existjng or dedicated public streets, roads, highways or access easements bordering or within the property?
EIno flVes, if Ves - list thom on your plans and indicate the proposed and existing access points.
14) lf you are requesting agricultural field access - how marry acres will lhe access serve?
1 5) lf you ar€ requesting commgrcial or industrial acc€ss please indicate the types and number of businessss and provide ths floor area square footage ot each.busjnesglanduse square footage business squarelootage
SEI F S1'rfRAt_S E9r2OO
15) lf you are requestlng residenUal developement access, what is the type (single family, apartment, townhouse) and number of units?
type number of unils type number of units
!
J
t
17) Provide the following vehicle count estimates for vehicles lhat will use the access. Leaving the property then retuming is two counts-
lndicate if your counls are
flpear hour volumes or l"laverage ctaily volumes.
* ol pGerger 6rs ard lighl ksks at p€ak hgur volufies
16
# ol multi unit hrcks at peak hou, volumes
# of single unit vehides in exc6s of 30 ft # ol lam whicles (lield eeripment)Totel count ot all vehlcles
16
Prevlous edltlans are obsolete and may not be used Page 1 of 2 CDOT Form fi37 1218
.
;
I
18) Check with the issuing authority to determine which of the following doeuments are required to complete the rwierv of your application.
a) Property map indcating other access, bordering roads and streets.
b) High$/ay and driveuray plan profile.
c) Dminage plan showing impactto the higtrway right oi-way.
d) Map and letters detaiting utitity tocatons betore ard aff6r
development in and along the right-of-way.
e) Subdivision, zoring, or development phn.0 Proposed acc€ssdesign.
g) Parcel and ownership maps including easements.
h) Traffic studies.i) Proolof ournership.
1- lt is the applicant's responsibility to contact appropriate agencies and obtain all environmental clearances that apply totheir activities. Such clearances may include Corps of Engineers 404 permits or Colorado Discharge Permit Syslempermits, or ecological,archeological, historical or cultural resource clearances. The CDOT Environmental Clearances
lnformation Summary presents cOntact information for agencies administering certain clearances, information about
prohibited discharges,and may be obtained from Regio nal CDOT Lltility/Special Use Permit offices or accessed via theCDOT P lanning/Co nstruction-E nviro nmental-Guidance webpage:
2- All workers within the State Highway right of way shall comply with their employer's safety and health policies/
grojeqYrai'and all applicable U.S. Occr:pationalsafety_and Health Admjnistration {OSHA) regulations - inctuding, but notlimited to tlre applicable sections of 29 CFH Part '1g10 - Occupational $afely and Health Standards and 29 Cf n iart rSaO
- Safety and Health Regulations for Construction.
Personal protective equapment (e.9. head protection, footwear, high visibility apparel, salety glasses, hearing protection,
respirators, gloves, etc.) shall be worn as appropriate for the work being perfoimeO, and as slecilied in regjation. Rt a
minimum, all workers in-lhe State Highway right of way, except when in their vehicles, shall wear the folloiing personalprotective equipment: High visibility apparelas specified in the Traffic Control provisions of the documentatioi
accompanying the Notice to Proceed related to this permit (at a minimum, ANSI/ISEA 107-tggg, class 2);head protection
that complies with the ANSI 289,1-1997 standard; and at ali construction sites or whenever there is danger of injury tofeet, workers shallcomply with osHA's PPE requlremgnts tor foot protection per 2g cFR 1910.136, 1926.95, and1926.96. lf required, such footwear shall meet the requirements olANSI 241-jggg.
Where any of the above-referenced ANSI standards have been revised, the most recent version of the standard shallapplv.
3- The Permifiee is responsible{or complying with the Revised Guidelines that have been adopted by the Access Board
under the American Disabilities Act (ADA). These guidelines define traversable slope requirements and prescribe the useof a delined pattsrn of truncated domes as detectable warnings at street crossings.'The new Standards irlans and can belound on lhe Design and Construction projsct Support web page at:
htt pf :llrrvwnr. c gdot. Eov/busi ne$lciyllri ghtglad alreeou rca6f noi naers
j131,1T.":1!_ejlit_,Pl:s_y9-g tro.yqHr 1t-ryillslate the terms and conditions for its use. Any changes in rhe use of rhepermmeo access not consistent with the terms and conditions listed on lhe permit may 6e coniidered a viotition oi tnepermit.
The aPPlicant declares-unggr Pgn?lty g! peyiurr in the second-degree, and any other appticable state or federatlaws, thai all intomstion provided oh ttrls firrm and submttted arTactr'mintJ#e toihei6;i;i-dilir;1d6edetrue and eomplete.
I understand receipt of an aecess permlt does not constltule permlssion to start access construcilon work.
ownef Date{a
Date
4t1///"/,/f*
name
written evidence). This
in writing, lf a permit is
be signed by the property owner or
signature shall constitute agreement
issued, the property ownerl in most
this toalsoapplication(thei
thwith
wr ASlistedcases,the ittee
lor ,
o
Previous editions are obsolete and may not be usod Page2ot2 CDOTFoTm#1SZ {Z1B
t.,
f
EXHIBIT A
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:GW63018876-2 Date:01/05/2024
Property Address:36590 RIVER FRONTAGE ROAD, NEW CASTLE, CO 81647
For Closing Assistance For Title Assistance
Land Title Garfield County Title
Team
901 GRAND AVENUE #202
GLENWOOD SPRINGS, CO
81601
(970) 945-2610 (Work)
(970) 945-4784 (Work Fax)
glenwoodresponse@ltgc.com
Agent for Seller
SOPRIS ENGINEERING
Attention: CATE LOVE
502 MAIN
CARBONDALE, CO 81623
(970) 379-0113 (Work)
CLOVE@SOPRISENG.COM
Delivered via: Electronic Mail
Estimate of Title Fees
Order Number:GW63018876-2 Date:01/05/2024
Property Address:36590 RIVER FRONTAGE ROAD, NEW CASTLE, CO 81647
Seller(s):155 FIOU FAMILY RANCH LLLP, A COLORADO LIMITED LIABILITY LIMITED
PARTNERSHIP
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
TBD - TBD Income $-265.00
TOTAL $0.00
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 02/24/2015 under reception no. 859553
Garfield county recorded 12/10/2014 under reception no. 856995
Garfield county recorded 05/28/1987 at book 712 page 799
Garfield county recorded 05/28/1987 at book 712 page 798
Garfield county recorded 03/02/1987 at book 706 page 425
Garfield county recorded 03/02/1987 at book 706 page 424
Plat Map(s):
Garfield county recorded 02/17/1987 under reception no. 379113
Property Address:
36590 RIVER FRONTAGE ROAD, NEW CASTLE, CO 81647
1.Effective Date:
01/01/2024 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:
A FEE SIMPLE
4.Title to the estate or interest covered herein is at the effective date hereof vested in:
155 FIOU FAMILY RANCH LLLP, A COLORADO LIMITED LIABILITY LIMITED PARTNERSHIP
5.The Land referred to in this Commitment is described as follows:
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:GW63018876-2
PARCEL 1:
A PARCEL OF LAND IN THE SE1/4SW1/4 AND LOT 7 OF SECTION 6, LOT 2 AND 3 OF SECTION 7,
TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE 6TH PRINCIPAL MERIDIAN, LYING SOUTHERLY OF THE
INTERSTATE 70 FRONTAGE ROAD DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SAID FRONTAGE ROAD WHENCE THE
WITNESS CORNER TO THE NORTHWEST CORNER OF SAID SECTION 7 BEARS SOUTH 77°15'10" WEST
1558.25 FEET; THENCE LEAVING SAID RIGHT-OF-WAY SOUTH 12°52'20" EAST 200.08 FEET TO THE
TRUE POINT OF BEGINNING; THENCE SOUTH 42°05'50" WEST 86.53 FEET; THENCE SOUTH 03°45'27"
EAST 201.69 FEET; THENCE SOUTH 85°19'00" WEST 63.16 FEET; THENCE SOUTH 34°06'00" WEST 489.58
FEET; THENCE SOUTH 100.00 FEET; THENCE NORTH 84°59'22" EAST 650.38 FEET; THENCE SOUTH
72°23'46" EAST 355.80 FEET; THENCE NORTH 86°30'00" WEST 726.00 FEET; THENCE SOUTH 79°41'33"
WEST 534.97 FEET; THENCE WEST 300.00 FEET; THENCE NORTH 260.00 FEET; THENCE SOUTH
59°27'52" WEST 198.97 FEET; THENCE NORTH 83°25'00" WEST 230.16 FEET; THENCE NORTH 00°15'00"
WEST 554.64 FEET TO A POINT THAT INTERSECTS THE SOUTHERLY RIGHT-OF-WAY OF SAID
FRONTAGE ROAD; THENCE ALONG SAID RIGHT-OF-WAY NORTH 77°03'30" EAST 1170.16 FEET; THENCE
LEAVING SAID RIGHT-OF-WAY SOUTH 12°52'20" EAST 199.72 FEET; THENCE NORTH 77°07'40" EAST 300
FEET TO THE TRUE POINT OF BEGINNING.
ALSO KNOWN AS:
PARCEL 1
MYERS SENATE BILL 35 EXEMPTION
ACCORDING TO THE PLATH THEREOF, RECORDED FEBRUARY 17, 1987 AS RECEPTION NO. 379113.
AND
PARCEL 2:
A PARCEL OF LAND IN THE SE1/4SW1/4 OF SECTION 6, LOT 2 AND LOT 3 OF SECTION 7, TOWNSHIP 6
SOUTH, RANGE 91 WEST OF THE 6TH PRINCIPAL MERIDIAN, LYING SOUTHERLY OF THE INTERSTATE
70 FRONTAGE ROAD DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SAID FRONTAGE ROAD WHENCE
CORNER TO THE NORTHWEST CORNER OF SECTION 7 BEARS SOUTH 77°15'10" WEST 1558.25 FEET;
THENCE ALONG SAID RIGHT-OF-WAY NORTH 77°03'30" EAST 1081.07 FEET; THENCE LEAVING SAID
RIGHT-OF-WAY SOUTH 01°00'00" EAST 1200.08 FEET; THENCE SOUTH 58°30'00" WEST 111.66 FEET;
THENCE SOUTH 89°00'00" WEST 330 FEET, THENCE NORTH 72°23'46" WEST 355.80 FEET; THENCE
SOUTH 84°59'22" WEST 650.38 FEET; THENCE NORTH 100.00 FEET; THENCE NORTH 34°06'00" EAST
489.58 FEET; THENCE NORTH 85°19'00" EAST 63.16 FEET; THENCE NORTH 03°45'27" WEST 201.69 FEET;
THENCE NORTH 42°05'50" EAST 86.3 FEET; THENCE NORTH 12°52'20" WEST 200.08 FEET TO THE POINT
OF BEGINNING.
ALSO KNOWN AS:
PARCEL 2
MYERS SENATE BILL 35 EXEMPTION
ACCORDING TO THE PLATH THEREOF, RECORDED FEBRUARY 17, 1987 AS RECEPTION NO. 379113.
COUNTY OF GARFIELD
STATE OF COLORADO
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:GW63018876-2
Copyright 2006-2024 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.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:GW63018876-2
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: GW63018876-2
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 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 DECEMBER 24, 1891, IN BOOK 12 AT PAGE 93 AND RECORDED
OCTOBER 7, 1896 IN BOOK 12 AT PAGE 437.
9.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES AS RESERVED IN UNITED STATES PATENT RECORDED OCTOBER 07, 1896, IN BOOK 12 AT
PAGE 437.
10.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 MARCH 18, 1902, IN BOOK 56 AT PAGE 441.
11.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES AS RESERVED IN UNITED STATES PATENT RECORDED MARCH 18, 1902, IN BOOK 56 AT PAGE
441.
12.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES AS RESERVED IN UNITED STATES PATENT RECORDED MARCH 01, 1923, IN BOOK 73 AT PAGE
143.
13.RIGHT OF WAY FOR THE COUNTY ROAD AS EVIDENCED BY INSTRUMENT RECORDED AUGUST 26,
1971 IN BOOK 422 AT PAGE 145.
14.ACCESS RIGHTS AND ALL MATTERS AS DESCRIBED IN RULE AND ORDER RECORDED AUGUST 26,
1974 IN BOOK 422 AT PAGE 145.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: GW63018876-2
15.EASEMENT AND RIGHT OF WAY IN DEED RECORDED FEBRUARY 24, 1972 IN BOOK 427 AT PAGE 432.
16.TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY FOR LOWER CACTUS VALLEY DITCH
RECORDED MAY 19, 1986 IN BOOK 688 AT PAGE 547.
17.OIL AND GAS LEASE BETWEEN CARL MICHAEL SHORT AND AMOCO PRODUCTION COMPANY,
RECORDED DECEMBER 18, 1994 IN BOOK 661 AT PAGE 555 AND ANY AND ALL ASSIGNMENTS
THEREOF, OR INTEREST THEREIN.
18.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 87-21 GRANTING AN EXEMPTION FROM
SUBDIVISION REGULATIONS RECORDED FEBRUARY 18, 1987 IN BOOK 705 AT PAGE 701.
19.EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SHOWN ON MYERS S.B. 35 EXEMPTION PLAT
RECORDED FEBRUARY 17, 1987 AS RECEPTION NO. 379113.
20.RESERVATION OF ANY AND ALL MINERAL RIGHTS AS SET FORTH IN INSTRUMENT RECORDED
MARCH 16, 1992 IN BOOK 826 AT PAGE 71.
21.TERMS, CONDITIONS AND PROVISIONS OF EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN
INSTRUMENT RECORDED SEPTEMBER 30, 2003 AT RECEPTION NO. 637655.
22.OIL AND GAS LEASE RECORDED FEBRUARY 25, 2005 UNDER RECEPTION NO. 669237 AND ANY AND
ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN AND AMENDED SEPTEMBER 24, 2009 UNDER
RECEPTION NO. 775538.
23.TERMS, CONDITIONS AND PROVISIONS OF AFFIDAVIT RECORDED DECEMBER 01, 2008 UNDER
RECEPTION NO. 759383.
24.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2008-85 RECORDED JULY 08, 2008
UNDER RECEPTION NO. 751862.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: GW63018876-2
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 re quirement 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 loc ated 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 mu st 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 the re 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, P art 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 no t 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 expens e 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/arbit ration.
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)
EXHIBIT B
WELL PERMITS
Well Permit Summary Report
THIS PAGE IS NOT THE ACTUAL PERMIT
The information contained on this page is a summary of the permit file and may not reflect all details of the well permit. See full
disclaimer below.
Permit Number:
Permit Status:
Receipt:
WDID:Permit Category:
147315-
Residential
9114737
Well Constructed
Physical Location
Feature Type Dist N/S Dist E/W Q10 Q40 Q160 Sec Township Range PM UTMx UTMy Latitude Longitude Location Accuracy
Well (Application/Permit)220 N 1350 W NE NW 7 6.0 S 91.0 W S 276429.2 4380873.6 39.548446 -107.601944 Spotted from section
lines
Division:
Management District:
Designated Basin:
County:
District:
Denver Basin Aquifer:
5
39
GARFIELD
Outside
Outside
Outside
Physical Address:
Parcel Name:
Parcel Type:
Zip:
City & State:,
No available data
Lot, Block, Filing
147315-1 of 2 Certified accurate as of 02/01/2023
Permit Details
Acres In Parcel:
Follow Up Permit Conditions (see actual permit for more information)
Statute:
Use(s):
Parcel ID:
Abandonment Required:
Domestic, Stock
See imaged well permitLimits:
Geophysical Log Required:
Meter Required:
Area Irrigated:
Aquifer(s):
Rule 6.2.2.1 (Notice):
Depth (T)
ALL UNNAMED AQUIFERS
1.00
See imaged well permit
See imaged well permit
See imaged well permit
Water Supplier Name:
Within Water Service Area:
Type of Sewage System:
Sewer System Details:
Rule 6.2.3 (Floating Permit):See imaged well permit
Depth (B)Yield Amount
Construction/Pump Installation Details
Driller:
Last Pump Installation Date:
Pump Installer:
Completed Well Depth:
Construction Date:
Production Test Yield:
6/30/1940
Perforated Casing Top:
Static Water Level:
Perforated Casing Bottom:
Well Yield Estimate (GWS-31):15.00
Applicant/Contact
Start Date End Date Association Type Contact Name Address City State Zip Code
1/1/1900 Owner MYERS GISELLA & FIOU JOE 0377 EMMA RD CARBONDALE CO 81623
Disclaimer
* The information contained on this page is a summary of the permit file and may not refect all details of the well permit. THIS PAGE IS NOT THE ACTUAL
PERMIT.
This page should not be used as a basis for any legal consideration, to determine the allowed uses of the well, to determine construction information, or to
determine the terms and conditions under which the well can operate. The complete well permit file should be viewed to obtain details on the allowed uses and
other relevant information. A complete copy of the file is available in the "Imaged Documents" section of this page, and can be viewed by opening all of the
documents listed in that section.
Note that all of the terms and conditions under which a well can operate, particularly for non-exempt wells, may not be specified on the well permit. Wells may
also be subject to relevant statutes, rules and decrees. To learn more abou well permitting in Colorado, please visit DWR's Well Permitting Page. If you have
any questions about this well permit file, please contact the DWR Groundwater Information Desk at (303) 866-3587 (Hours 9am-4pm M-F).
Application/Permit History
Action Action Date Date Received Comment
First Beneficial Use 6/30/1940
147315-2 of 2 Certified accurate as of 02/01/2023
Well Permit Summary Report
THIS PAGE IS NOT THE ACTUAL PERMIT
The information contained on this page is a summary of the permit file and may not reflect all details of the well permit. See full
disclaimer below.
Permit Number:
Permit Status:
Receipt:
WDID:Permit Category:
267802-
Residential
9502443
Well Constructed
Physical Location
Feature Type Dist N/S Dist E/W Q10 Q40 Q160 Sec Township Range PM UTMx UTMy Latitude Longitude Location Accuracy
Well (Application/Permit)100 S 1700 W SE SW 6 6.0 S 91.0 W S 276537.7 4380969.9 39.549339 -107.600709 Spotted from section
lines
Division:
Management District:
Designated Basin:
County:
District:
Denver Basin Aquifer:
5
39
GARFIELD
Outside
Outside
Outside
Physical Address:
Parcel Name:
Parcel Type:
Zip:
City & State:,
County Exemption Name/#
MYERS EXEMPTION (RESOLUTION NO. 87-
21)
Lot Block Filing Description
2
Lot, Block, Filing
267802-1 of 3 Certified accurate as of 02/01/2023
Permit Details
Acres In Parcel:
Follow Up Permit Conditions (see actual permit for more information)
Statute:
Use(s):
Parcel ID:
Abandonment Required:
29.21
232181-072-00-203
Household use only
37-92-602(3) - Exempt well
See imaged well permitLimits:
Geophysical Log Required:
Meter Required:
Area Irrigated:
Aquifer(s):
Rule 6.2.2.1 (Notice):
Depth (T)
ALL UNNAMED AQUIFERS
See imaged well permit
See imaged well permit
See imaged well permit
Water Supplier Name:
Within Water Service Area:
Type of Sewage System:
Sewer System Details:
Rule 6.2.3 (Floating Permit):See imaged well permit
Depth (B)Yield Amount
Construction/Pump Installation Details
Driller:
Last Pump Installation Date:
Pump Installer:
Completed Well Depth:
Construction Date:
Production Test Yield:
SHELTON DRILLING CORPORATION
(SHELTON, WAYNE)
12/8/2006
Perforated Casing Top:
Static Water Level:
Perforated Casing Bottom:
41
53
Well Yield Estimate (GWS-31):
Applicant/Contact
Start Date End Date Association Type Contact Name Address City State Zip Code
1/1/1900 Owner FIOU JOE & DIXIE 36590 RIVER FRONTAGE RD NEW CASTLE CO 81647
Application/Permit History
Action Action Date Date Received Comment
Application Received 2/24/2006 2/24/2006
Permit Issued 2/24/2006
Well Constructed 12/8/2006 12/26/2006
Permit Expiration Date 2/24/2008
Record Change 4/25/2013
Comment (Permit)4/25/2013 Only well on 29.21 acre tract. Limit use to HUO, being 1 SFD & no outside uses.
Phy address: 36590 River Frontage Rd, New Castle, CO 81647. Tax #R150186
(totaling 53.08 acres).
267802-2 of 3 Certified accurate as of 02/01/2023
Disclaimer
* The information contained on this page is a summary of the permit file and may not refect all details of the well permit. THIS PAGE IS NOT THE ACTUAL
PERMIT.
This page should not be used as a basis for any legal consideration, to determine the allowed uses of the well, to determine construction information, or to
determine the terms and conditions under which the well can operate. The complete well permit file should be viewed to obtain details on the allowed uses and
other relevant information. A complete copy of the file is available in the "Imaged Documents" section of this page, and can be viewed by opening all of the
documents listed in that section.
Note that all of the terms and conditions under which a well can operate, particularly for non-exempt wells, may not be specified on the well permit. Wells may
also be subject to relevant statutes, rules and decrees. To learn more abou well permitting in Colorado, please visit DWR's Well Permitting Page. If you have
any questions about this well permit file, please contact the DWR Groundwater Information Desk at (303) 866-3587 (Hours 9am-4pm M-F).
267802-3 of 3 Certified accurate as of 02/01/2023
EXHIBIT C
WATER ANALYSIS REPORT
AND
PUMP TESTS
EXHIBIT E
XCEL ENERGY LETTER
Version March 3, 2022
WILL SERVE LETTER
January 16, 2024
155 Fiou Family Ranch
36590 River Frontage Road
New Castle Co 81647
Re: 155 Fiou Family Ranch
Dear Quint,
This letter is to confirm that Xcel Energy is your utility provider for natural gas and electric service. In accordance
with our tariffs, on file with and approved by the Colorado Public Utilities Commission, gas and electric facilities
can be made available to serve the project at 36590 River Frontage Road. The cost, and whether any reinforcements
or extensions are required, for the Company to provide those facilities will be determined by your designer upon
receipt of application and project plans.
Your utility service(s) will be provided after the following steps are completed:
• Application submitted to Xcel Energy’s “Builders Call Line (BCL)” – once your application is
accepted you will be assigned a design department representative who will be your primary point of contact
• Utility design is completed – you must provide your design representative with the site plan, the one -
line diagrams, and panel schedules for electric and gas loads if applicable
• All documents provided by design representative are signed and returned
• Payment is received (Residential Service Laterals if applicable)
• Required easements are granted - you must sign and return applicable easement documents to your
Right-of-Way agent
• Site is ready for utility construction - the site ready information can be found on our website at may be
viewed at Construction and Inspection | Xcel Energy.
An estimated scheduled in-service date will be provided once these requirements have been met. It is important to
keep in mind that the terms and conditions of utility service, per our tariffs, require that you provide adequate
space and an easement on your property for all gas and electric facilities required to serve your project, including
but not limited to gas and electrical lines and meters, transformers, and pedestals. General guidelines for
requirements can be found on our website at xcelenergy.com/InstallAndConnect.
Xcel Energy looks forward to working with you on your project and if I can be of further assistance, please contact
me at the phone number or email listed below.
Sincerely,
Samantha Wakefield
Xcel Energy Planner
970-201-4860
Mailing address: Xcel Energy
1995 Howard Ave
Rifle, CO 81650
EXHIBIT F
SITE PLAN
10' WIDE WATERLINE EASEMENT
25' ACCESS
EASEMENT
25' ACCESS
EASEMENT
40' ACCESSEASEMENT
EXISTING WELL
PROPOSED ACCESS
SEE ENLARGEMENT THIS SHEET
EXISTING ACCESS
EASEMENT
EXISTING 25' ACCESS
EASEMENT
PR
O
P
E
R
T
Y
L
I
N
E
LO
T
L
I
N
E
PROPERTY L
I
N
E
PROPERTY L
I
N
E
PROPERTY L
I
N
E
PR
O
P
E
R
T
Y
L
I
N
E
PROPERTY LINE PROPERTY LINE
LOT
L
I
N
E
EXISTING WELL
EASEMENT
RIVER FRON
T
A
G
E
R
O
A
D
HYW 6 & 24
TO SILT
TO NEWCAST
L
E
I-70 EAST
I-70 WEST
RAILROAD
COLORA
D
O
R
I
V
E
R
COLORA
D
O
R
I
V
E
R
LOT 2A
LOT 2B
LOT 1
R29.0'
R29.0'
R40.0'
11.0'11.0'
2' WIDE SHOULDER
2' WIDE SHOULDER
EXISTING EASEMENT
40' WIDE EASEMENT
25' WIDE EASEMENT
PR
O
P
E
R
T
Y
L
I
N
E
PROPERTY LI
N
E
RIVER FRONT
A
G
E
R
O
A
D
OPRIS ES NGINEERING, LLC.
CIVIL CONSULTANTS
32030JOB NO.
DATE:1-30-2024
502 MAIN STREETCARBONDALE, CO 81623
(970) 704-0311
FAX: (970)-704-0313
DESIGNED BY
DRAWN BY
CHECKED BY
QDN 01/30/24
QDN
YTN
DATE REVISION
XXX
C-1.0
DRAWING NO.
TITLE
REG
I
O
N
A
L
STA
M
P
SOP
R
I
S
E
N
G
STA
M
P
G:
\
2
0
2
2
\
3
2
0
3
0
F
I
N
D
L
A
Y
S
T
O
R
A
G
E
\
C
I
V
I
L
\
C
I
V
I
L
D
W
G
S
\
D
E
\
P
L
A
T
-
S
I
T
E
\
3
2
0
3
0
S
I
T
E
-
P
L
A
T
.
D
W
G
-
J
a
n
3
0
,
2
0
2
4
-
1
2
:
1
6
p
m
NO
R
T
H
00/00/00
SITE PLAN
FI
N
A
L
A
M
E
N
D
E
D
P
L
A
T
1 inch = ft.
( IN FEET )
GRAPHIC SCALE
0100 100 200
100
40050
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
PROPOSED STORM SEWER
PROPOSED SWALE OR DITCH>>>>
PROPOSED FENCEx
EXISTING EASEMENT
EXISTING PROPERTY LINE
PROPOSED GRAVEL
PROPOSED ASPHALT
FI
O
U
F
A
M
I
L
Y
R
A
N
C
H
S
U
B
D
I
V
I
S
I
O
N
GA
R
F
I
E
L
D
C
O
U
N
T
Y
,
C
O
L
O
R
A
D
O
SITE IMPROVEMENTS LEGEND
PROPOSED LEGEND
PROPOSED EASEMENT
1 inch = ft.
( IN FEET )
GRAPHIC SCALE
020 20 40
20
8010
NO
R
T
H
01/30/24
01/30/24
EXHIBIT G
FINAL PLAT
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x x
x
x
x x
x
x
x
x
x
x
x
N42° 05' 30"E 86.54'
N
3
°
4
5
'
2
7
"
W
2
0
1
.
6
9
'
N85° 19' 00"E 63.16'
N86° 30' 00"W 726.00'
S79° 41' 33"W 5
3
4
.
9
7
'
N90° 00' 00"W 300.00'
N0° 00' 16"W 260.06'
S59° 27' 52"W 198.73'
N88° 13' 26"W 129.06'
N83° 25' 00"W 230.1
6
'
N0
°
1
5
'
0
0
"
W
5
5
4
.
3
3
'
N77° 02' 55"E
1
1
7
0
.
2
3
'
(N77°03'30"
E
1
1
7
0
.
1
6
'
R
E
C
O
R
D
)
S12° 52' 20"E 199.61'
(199.72' RECORD)N77° 07' 40"E
3
0
0
.
0
0
'
N72° 23
'
4
6
"
W
3
5
5
.
8
0
'
S89° 00' 00"W 330.00'S58° 3
0
'
0
0
"
W
111.6
6
'
(B
A
S
I
S
O
F
B
E
A
R
I
N
G
)
S1
°
0
0
'
0
0
"
E
1
2
0
0
.
3
0
'
(1
2
0
0
.
0
8
'
R
E
C
O
R
D
)
N77° 02' 55"E
1
0
8
1
.
1
1
'
(
1
0
8
1
.
0
7
'
R
E
C
O
R
D
)
N12° 52' 20"W 200.12'
(200.08' RECORD)
N34
°
0
6
'
0
0
"
E
4
8
9
.
5
8
'
N0° 00' 00"E 100.00'
S84° 59' 22"W 650.38'
MEANDER LINE OF THE
COLORADO RIVER PER THE
ORIGINAL GLO SURVEY OF 1886
CENTERLINE OF
RIVER PER REC.
#715740
APPROXIMATE MEAN
HIGH WATER LINE
(NOT FIELD LOCATED)
AREA OF APPARENT
OVERLAP IN TITLE
DESCRIPTIONS
FOUND #5 REBAR AND RED PLASTIC
CAP FLUSH WITH GROUND
ILLEGIBLECONSISTENT WITH 2001 MONUMENT
RECORD FOR 14 S.6-7 T.6S. R.91W.
TRUE CORNER 14 S.6-7 T.6S. R.91W.OBLITERATEDCORNER LIES IN PLOWED FIELD
FOUND #5 REBAR AND RED PLASTIC CAP
0.1' ABOVE GROUNDILLEGIBLE
CONSISTENT WITH 2001 MONUMENT
RECORD FOR 14 S.6-7 T.6S. R.91W.
FOUND 495' WITNESS CORNER
2.75" ALUMINUM CAPL.S. #38182
FOUND 2001 US BLM SMC ON
CENTERLINE S.7 T.6S. R.91W.
34" ALUMINUM PIPE WITH 3.5"ALUMINUM CAP 0.4' ABOVEGROUND
FOUND #5 REBAR
0.1' UNDER GROUND
FOUND 15.3' WITNESS CORNER
#5 REBAR AND 1.25" ALUMINUM CAP
0.4' ABOVE GROUND
L.S. #14060 (ORIGINAL 1986
MONUMENT)
FOUND WITNESS CORNER S1-6-12-7T.6S. R.91W. R.92W.
1975 GARFIELD COUNTY SURVEYOR
2.5" IRON PIPE WITH 3" BRASS CAP 0.5'
ABOVE GROUND
FOUND #5 REBAR
NO CAP
FOUND 0.5" IRON PIPE WITH IRON CAPILLEGIBLE
1.3' ABOVE GROUND
FOUND CDOT HIGHWAY I-70
RIGHT OF WAY MONUMENT 300L.S. #24318
3.25" ALUMINUM CAP 0.2'
ABOVE GROUND
FOUND CDOT HIGHWAY I-70 RIGHT
OF WAY MONUMENT 314
L.S. #243183.25" ALUMINUM CAP FLUSH WITH
GROUND
50'X50'
WELL ACCESS AND SERVICE AGREEMENT
REC. #379113, REC. #__________
50'X50' ACCESS EASEMENTREC. #379113
25.00' WIDE ACCESS EASEMENTREC. #637655
5490 5490
55005500
5510
5
4
8
0
5480
5470
5480
5470
547
0
5500
5510
FRONTAGE R
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RIGHT-OF-W
A
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REC. #250856
PARCEL 1
MYERS S.B. 35
SUBDIVISION
EXEMPTION
REC. #379113
PARCEL 2
MYERS S.B. 35
SUBDIVISION
EXEMPTION
REC. #379113
PARCEL NO.
2
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CHENOWETH
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(SEE SURVEY
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COLORA
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PARCEL NO. 218107200105
MANERA, CHRIS
MANERA, JODI K.
REC. #715740
LOWER
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PARCEL NO. 218107200195
SHORT, CARL MICHAEL
REC. #314045
5470
1 6
12 7
(TIE ONLY) S
7
7
°
1
5
'
0
5
"
W
1
5
5
8
.
2
5
'
(RECORD S77
°
1
5
'
1
0
"
W
)
POINT OF BEGINNING
PARCEL NO. 218106400202
OSAGE FARMS LLC
PARCEL 3
MYERS S.B. 35 SUBDIVISION
EXEMPTION
REC. #379113
I-70
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.32030.01 02/22/2024 CL G:\2022\32030 FINDLAY STORAGE\SURVEY\SURVEY DWGS\SURVEY PLOTS\32030_FINALPLAT\32030_PLAT.DWG
VICINITY MAP
SCALE: 1"=2000'
SITE
DRAFT
SURVEY NOTES
1. DATE OF FIELD WORK: MAY AND JUNE 2022
2. DATE OF PREPARATION: APRIL - JUNE 2023; JANUARY 2024
3. BASIS OF BEARINGS: A RECORD BEARING OF S.01°00'00"E. ALONG THE COMMON BOUNDARY LINE BETWEEN PARCEL 2 ANDPARCEL 3, MYERS S.B. 35 SUBDIVISION EXEMPTION, BETWEEN THE NORTHEAST CORNER OF SAID PARCEL 2 AND THE 495'WITNESS CORNER MONUMENTED BY A 2.75" ALUMINUM CAP L.S. #38182, AS SHOWN HEREON.
4. BASIS OF SURVEY: THE ORIGINAL SURVEYOR GENERAL'S PLAT OF TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE 6TH PM,DATED 1888, THE ORIGINAL SURVEYOR GENERAL'S PLAT OF TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH PM, DATED1888, THE DEPENDENT RESURVEY AND SURVEY OF TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE 6TH PM, DATED MAY 1,2002, THE DEPARTMENT OF HIGHWAYS STATE OF COLORADO PLAN AND PROFILE OF FEDERAL AID PROJECT NO.I-70-I(12)89SEC.1& 1-70-I(12)89 SEC. 2, THE 1893 DIAGRAM OF PORTIONS OF SECTIONS 7 TOWNSHIP 6 SOUTH RANGE 91WEST AND OF SECTION 12 TOWNSHIP 6 SOUTH RANGE 92 WEST OF THE 6TH PM, THE MYERS S.B. 35 EXEMPTION PLAT,RECORDED FEBRUARY 17, 1987 AS RECEPTION NO. 379113, SUBDIVISION EXEMPTION PLAT OF , VARIOUS DOCUMENTS OFRECORD AND THE FOUND MONUMENTS AS SHOWN HEREON.
5. THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SOPRIS ENGINEERING, LLC (SE) TO DETERMINE OWNERSHIP OREASEMENTS OF RECORD. FOR ALL INFORMATION REGARDING EASEMENTS, RIGHT-OF-WAY AND/OR TITLE OF RECORDSOPRIS ENGINEERING RELIED UPON THE ITEMS LISTED IN NOTE 4 AND THE TITLE COMMITMENT PROVIDED BY THE OWNER,PREPARED BY LAND TITLE GUARANTEE COMPANY UNDER ORDER NO. GW63018876, EFFECTIVE APRIL 29, 2022.
6. PLEASE NOTE THE SOUTHERLY BOUNDARY LINE OF THE SUBJECT PROPERTY IS DESCRIBED AS THE MEANDER LINE OF THECOLORADO RIVER, AS SURVEYED FOR THE 1888 GLO PLAT REFERENCE IN NOTE 4. THE COLORADO RIVER CURRENTLY ISLOCATED FURTHER NORTH OF SAID 1888 LINE THROUGH THE NATURAL EBB AND FLOW OF SAID RIVER. THIS MEANDER LINEIS DYNAMIC AND MOVES WITH CHANGES TO SAID RIVER. THE SOUTHERLY ADJOINING PROPERTY (RECEPTION NO. 715740)IS CURRENTLY DESCRIBED TO THE CENTERLINE OF SAID RIVER. THIS ADJUSTMENT FROM THE ORIGINAL MEANDER LINE TOTHE CENTERLINE OF THE RIVER IS CONSISTENT WITH THE 2009 BLM MANUAL OF SURVEYING INSTRUCTIONS CHAPTER 8-2REGARDING NON-NAVIGABLE RIVERS AND CHAPTER 8-17 REGARDING THE RIVER THREAD AS THE RIVER DIVISION. THISSURVEY REFLECTS THE RECORD DESCRIPTION REFERENCED FROM TITLE WORK REFERENCED IN NOTE 5 FOR CONSISTENCYWITH THE PRIOR RECORD MYERS SUBDIVISION EXEMPTION.
7. THE LINEAL UNIT USED IN THE PREPARATION OF THIS PLAT IS THE U.S. SURVEY FOOT AS DEFINED BY THE UNITED STATESDEPARTMENT OF COMMERCE, NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.
8. ALL REFERENCES TO RECORDED DOCUMENTS AND PLATS INDICATED HEREIN REFER TO THE RECORDS OF THE GARFIELDCOUNTY CLERK AND RECORDER.
9. THAT DOCUMENT RECORDED IN BOOK 427 AT PAGE 432 CONVEYS AN EASEMENT THROUGH THE CHENOWETH PROPERTY FORTHE MAINTENANCE OF LOWER CACTUS DITCH. AT THE PRESENT TIME, THERE IS NO THROUGH WAY IN USE ORCONSTRUCTED.
10. BASIS OF ELEVATION: NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88). CONTOURS PROVIDED BY THE U.S. OFFICEOF INFORMATION TECHNOLOGY BASED ON 2016 AERIAL DATA.
FIOU FAMILY RANCH SUBDIVISION
A MINOR SUBDIVISION OF PARCEL 1 AND PARCEL 2, MYERS SUBDIVISION EXEMPTION
SITUATE IN SECTIONS 6 AND 7, TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO
SHEET 1 OF 2
FINAL PLAT OF:
1 inch = ft.
( IN U.S. SURVEY FEET )
GRAPHIC SCALE
0150 150 300
150
60075
TO NEW CASTLE
TO SILT
SOPRIS ENGINEERING LLC
502 MAIN STREET SUITE A3 CARBONDALE CO 81623
(970) 704 0311 soprisengineering.com
SURVEYOR'S CERTIFICATE
I, MARK S. BECKLER, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS OF THESTATE OF COLORADO, THAT THIS PLAT IS A TRUE, CORRECT AND COMPLETE AMENDED FINAL PLAT OF FIOU FAMILY RANCHSUBDIVISION, AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT WAS MADE FROM AN ACCURATESURVEY OF SAID PROPERTY BY ME OR UNDER MY SUPERVISION, AND CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OFTHE LOTS, EASEMENTS AND STREETS OF SAID FINAL PLAT OF AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCEWITH APPLICABLE REGULATIONS GOVERNING THE SUBDIVISION OF LAND.
IN WITNESS WHEREOF, I HAVE SET MY HAND AND SEAL THIS _____ DAY OF _____________, A.D., 2024.
_______________________________________MARK S. BECKLER, P.L.S. #28643
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 DUE
AND PAYABLE AS OF ___________________________ 2024, UPON ALL PARCELS OF REAL ESTATE
DESCRIBED 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 TO C.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
MINERAL OWNERSHIP
TO BE PROVIDED TO SE BY APPLICANT'S ATTORNEY
(FROM TITLE) RESERVED UNTO GISELLA MYERS, PER BOOK 826 PAGE 71 DATED MARCH 16, 1992 AS RECEPTION NO. 432579
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
[FROM THE TITLE COMMITMENT REFERENCED IN NOTE 5]
PARCEL 1:
A PARCEL OF LAND IN THE SE1/4SW1/4 AND LOT 7 OF SECTION 6, LOT 2 AND 3 OF SECTION 7, TOWNSHIP 6 SOUTH,
RANGE 91 WEST OF THE 6TH PRINCIPAL MERIDIAN, LYING SOUTHERLY OF THE INTERSTATE 70 FRONTAGE ROAD
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SAID FRONTAGE ROAD WHENCE THE WITNESS
CORNER TO THE NORTHWEST CORNER OF SAID SECTION 7 BEARS SOUTH 77°15'10" WEST 1558.25 FEET; THENCE
LEAVING SAID RIGHT-OF-WAY SOUTH 12°52'20" EAST 200.08 FEET TO THE TRUE POINT OF BEGINNING; THENCE
SOUTH 42°05'50" WEST 86.53 FEET; THENCE SOUTH 03°45'27" EAST 201.69 FEET; THENCE SOUTH 85°19'00" WEST
63.16 FEET; THENCE SOUTH 34°06'00" WEST 489.58 FEET; THENCE SOUTH 100.00 FEET; THENCE NORTH 84°59'22"
EAST 650.38 FEET; THENCE SOUTH 72°23'46" EAST 355.80 FEET; THENCE NORTH 86°30'00" WEST 726.00 FEET;
THENCE SOUTH 79°41'33" WEST 534.97 FEET; THENCE WEST 300.00 FEET; THENCE NORTH 260.00 FEET; THENCE
SOUTH 59°27'52" WEST 198.97 FEET; THENCE NORTH 83°25'00" WEST 230.16 FEET; THENCE NORTH 00°15'00" WEST
554.64 FEET TO A POINT THAT INTERSECTS THE SOUTHERLY RIGHT-OF-WAY OF SAID FRONTAGE ROAD; THENCE
ALONG SAID RIGHT-OF-WAY NORTH 77°03'30" EAST 1170.16 FEET; THENCE LEAVING SAID RIGHT-OF-WAY SOUTH
12°52'20" EAST 199.72 FEET; THENCE NORTH 77°07'40" EAST 300 FEET TO THE TRUE POINT OF BEGINNING.
ALSO KNOWN AS:
PARCEL 1
MYERS SENATE BILL 35 EXEMPTION
ACCORDING TO THE PLATH THEREOF, RECORDED FEBRUARY 17, 1987 AS RECEPTION NO. 379113.
AND
PARCEL 2:
A PARCEL OF LAND IN THE SE1/4SW1/4 OF SECTION 6, LOT 2 AND LOT 3 OF SECTION 7, TOWNSHIP 6 SOUTH, RANGE
91 WEST OF THE 6TH PRINCIPAL MERIDIAN, LYING SOUTHERLY OF THE INTERSTATE 70 FRONTAGE ROAD DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SAID FRONTAGE ROAD WHENCE CORNER TO THE
NORTHWEST CORNER OF SECTION 7 BEARS SOUTH 77°15'10" WEST 1558.25 FEET; THENCE ALONG SAID
RIGHT-OF-WAY NORTH 77°03'30" EAST 1081.07 FEET; THENCE LEAVING SAID RIGHT-OF-WAY SOUTH 01°00'00" EAST
1200.08 FEET; THENCE SOUTH 58°30'00" WEST 111.66 FEET; THENCE SOUTH 89°00'00" WEST 330 FEET, THENCE
NORTH 72°23'46" WEST 355.80 FEET; THENCE SOUTH 84°59'22" WEST 650.38 FEET; THENCE NORTH 100.00 FEET;
THENCE NORTH 34°06'00" EAST 489.58 FEET; THENCE NORTH 85°19'00" EAST 63.16 FEET; THENCE NORTH 03°45'27"
WEST 201.69 FEET; THENCE NORTH 42°05'50" EAST 86.3 FEET; THENCE NORTH 12°52'20" WEST 200.08 FEET TO THE
POINT OF BEGINNING.
ALSO KNOWN AS:
PARCEL 2
MYERS SENATE BILL 35 EXEMPTION
ACCORDING TO THE PLATH THEREOF, RECORDED FEBRUARY 17, 1987 AS RECEPTION NO. 379113.
COUNTY OF GARFIELD
STATE OF COLORADO
CONTINUED ...
TITLE CERTIFICATE
I, , AN AGENT AUTHORIZED BY TITLE COMPANY OF
THE ROCKIES, 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
155 FIOU FAMILY RANCH LLLP, A COLORADO LIMITED LIABILITY LIMITED
PARTNERSHIP, 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
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 FIOU FAMILY RANCH 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 HEREON;
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: 155 FIOU FAMILY RANCH LLLP, A COLORADO LIMITED LIABILITY LIMITED
PARTNERSHIP
BY:
__________________________________________
_______________, 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 ___________________
AS _________________ OF OF 155 FIOU FAMILY RANCH LLLP, A COLORADO LIMITED
LIABILITY LIMITED PARTNERSHIP.
MY COMMISSION EXPIRES: _____________________________
WITNESS MY HAND AND OFFICIAL SEAL.
______________________________
NOTARY PUBLIC
PLAT NOTES
1. THE PROPERTIES SHOWN HEREON ARE SUBJECT TO THE PROTECTIVE
COVENANTS FOR COOPER SUBDIVISION, RECORDED _______________,
______ AS RECEPTION NO. ____________, OF THE GARFIELD COUNTY
RECORDS.
2. ALL EXISTING IRRIGATION DITCHES AND EASEMENT BE RECOGNIZED AND
MAINTAINED AS EXISTING AND IN PLACE.
3. THERE IS A WATERLINE SERVICING PARCEL 2 FROM THE EXISTING WELL ONPARCEL 1.
I-70
FRONTAGE R
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PARCEL NO.
218106300053
CHENOWETH,
LOTTIE TRUST DTD
9/29/93
COLORA
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PARCEL NO. 218107200105
MANERA, CHRIS
MANERA, JODI K.
REC. #715740
LOWER
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PARCEL NO.
218106400202
OSAGE FARMS LLC
PARCEL 3
MYERS S.B. 35
SUBDIVISION
EXEMPTION
REC. #379113
MEANDER LINE OF THE COLORADO RIVER PER
THE ORIGINAL GLO SURVEY OF 1886
CENTERLINE OF RIVER
PER REC. #715740
FOUND #5 REBAR AND RED PLASTIC
CAP FLUSH WITH GROUNDILLEGIBLE
CONSISTENT WITH 2001 MONUMENT
RECORD FOR 14 S.6-7 T.6S. R.91W.
TRUE CORNER 14 S.6-7 T.6S. R.91W.
OBLITERATED
CORNER LIES IN PLOWED FIELD
FOUND #5 REBAR AND RED PLASTIC CAP0.1' ABOVE GROUND
ILLEGIBLE
CONSISTENT WITH 2001 MONUMENT
RECORD FOR 14 S.6-7 T.6S. R.91W.
FOUND 495' WITNESS CORNER
2.75" ALUMINUM CAP
L.S. #38182
FOUND 2001 US BLM SMC ONCENTERLINE S.7 T.6S. R.91W.
34" ALUMINUM PIPE WITH 3.5"ALUMINUM CAP 0.4' ABOVE
GROUND
FOUND #5 REBAR
0.1' UNDER GROUND
FOUND 15.3' WITNESS CORNER#5 REBAR AND 1.25" ALUMINUM CAP
0.4' ABOVE GROUND
L.S. #14060 (ORIGINAL 1986
MONUMENT)
FOUND WITNESS CORNER S1-6-12-7
T.6S. R.91W. R.92W.
1975 GARFIELD COUNTY SURVEYOR
2.5" IRON PIPE WITH 3" BRASS CAP 0.5'ABOVE GROUND
FOUND #5 REBARNO CAP
FOUND 0.5" IRON PIPE WITH IRON CAP
ILLEGIBLE
1.3' ABOVE GROUND
AREA OF APPARENTOVERLAP IN TITLE
DESCRIPTIONS
PARCEL NO. 218107200195
SHORT, CARL MICHAEL
REC. #314045
FOUND CDOT HIGHWAY I-70 RIGHT OF WAY MONUMENT 300
3.25" ALUMINUM CAP 0.2' ABOVE GROUND
FOUND CDOT HIGHWAY I-70 RIGHT
OF WAY MONUMENT 314
L.S. #243183.25" ALUMINUM CAP FLUSH WITH
GROUND
CENTERLINE 10'
WIDE WATER LINE
EASEMENTPER THIS PLAT
N77° 02' 55"E
1
0
8
1
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1
1
'
S1
°
0
0
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0
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E
1
2
0
0
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S58° 3
0
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0
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W
1
1
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6
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S89° 00' 00"W 330.00'
N86° 30' 00"W 726.00'
S79° 41' 33"W
5
3
4
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9
7
'
N90° 00' 00"W 300.00'
N0
°
0
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1
6
"
W
2
6
0
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0
6
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S59° 2
7
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5
2
"
W
1
9
8
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7
3
'
N88° 13' 26"W 129.06'
N83° 25' 00"W 230.1
6
'
N0
°
1
5
'
0
0
"
W
5
5
4
.
3
3
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N77° 02' 55"E
1
1
7
0
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2
3
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S
1
2
°
5
2
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2
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E
1
9
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N77° 07' 40"E
3
0
0
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0
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N
1
2
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5
2
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1
1
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W
2
0
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3
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S
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2
°
5
2
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2
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E
2
4
0
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7
3
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S34
°
0
6
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0
0
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W
1
4
0
.
4
4
'
S
9
°
4
0
'
5
3
"
E
4
0
0
.
3
0
'
133.81'
166.20'
N1
°
0
0
'
0
0
"
W
1
1
4
9
.
9
7
'
586.38'
494.72'
S77° 02' 55"W 390.51'
(TIE ONLY)
N1° 00' 00"W
14.31'25.00' WIDE ACCESS EASEMENT
REC. #637655
50'X50'
WELL ACCESS AND SERVICE AGREEMENTREC. #379113, REC. #__________
S69° 08' 11"W 14.19'
S45° 26' 05"E 30.03'
1
6
1
.
2
9
'
7
7
.
2
4
'
AMENDED PARCEL 1
1,038,126 SQ FT±
23.832 ACRES±
PER THIS PLAT
PARCEL 2A
693,782 SQ FT±
15.927 ACRES±
PER THIS PLAT
PARCEL 2B
580,724 SQ FT±
13.332 ACRES±
PER THIS PLAT
668.03'
57.97'
49
1
.
9
0
'
70
8
.
4
0
'
PA
R
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L
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3
1
4
0
4
5
5.00'
5.00'
50'X50' ACCESS EASEMENT
REC. #379113
40.00' WIDE
ACCESS EASEMENT
PER THIS PLAT
S1° 00' 00"E 360.96'
10.22'
20.44'
20.44'
25.00' WIDEACCESS EASEMENT
PER THIS PLAT
25.00' WIDE
ACCESS EASEMENTPER THIS PLAT
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.32030.01 02/22/2024 CL G:\2022\32030 FINDLAY STORAGE\SURVEY\SURVEY DWGS\SURVEY PLOTS\32030_FINALPLAT\32030_PLAT-SH2.DWG
DRAFT
FIOU FAMILY RANCH SUBDIVISION
A MINOR SUBDIVISION OF PARCEL 1 AND PARCEL 2, MYERS SUBDIVISION EXEMPTION
SITUATE IN SECTIONS 6 AND 7, TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO
SHEET 2 OF 2
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
EXHIBIT H
IMPROVEMENTS SURVEY
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x
FL ELEV = 5478.71'
x
x
I-70
FRONTAGE R
O
A
D
PARCEL 1
MYERS S.B. 35
SUBDIVISION
EXEMPTION
REC. #379113
PARCEL 2
MYERS S.B. 35
SUBDIVISION
EXEMPTION
REC. #379113
PARCEL NO. 218106300053
CHENOWETH, LOTTIE
TRUST DTD 9/29/93
(SEE SURVEY NOTE 9)
COLORA
D
O
R
I
V
E
R
MANERA, CHRIS
MANERA, JODI K.
REC. #715740
LOWER
C
A
C
T
U
S
D
I
T
C
H
PARCEL 3
MYERS S.B. 35 SUBDIVISION
EXEMPTION
REC. #379113
PARCEL NO.
217912100150
PETERSON, BRENT
LEWIS
HANNIGAN, SANDRA
50'X50'
WELL ACCESS AND SERVICE AGREEMENT
REC. #379113, REC. #__________
50'X50' ACCESS EASEMENTREC. #379113
25.00' WIDE ACCESS EASEMENT
REC. #637655
MEANDER LINE OF THE
COLORADO RIVER PER THE
ORIGINAL GLO SURVEY OF 1886
CENTERLINE OF
RIVER PER REC.
#715740
FOUND #5 REBAR AND RED PLASTIC
CAP FLUSH WITH GROUND
ILLEGIBLE
CONSISTENT WITH 2001 MONUMENT
RECORD FOR 14 S.6-7 T.6S. R.91W.
TRUE CORNER 14 S.6-7 T.6S. R.91W.
OBLITERATED
CORNER LIES IN PLOWED FIELD
FOUND #5 REBAR AND RED PLASTIC CAP
0.1' ABOVE GROUND
ILLEGIBLE
CONSISTENT WITH 2001 MONUMENT
RECORD FOR 14 S.6-7 T.6S. R.91W.
FOUND 495' WITNESS CORNER
2.75" ALUMINUM CAP
L.S. #38182
FOUND 2001 US BLM SMC ON
CENTERLINE S.7 T.6S. R.91W.
34" ALUMINUM PIPE WITH 3.5"
ALUMINUM CAP 0.4' ABOVE
GROUND
FOUND #5 REBAR
0.1' UNDER GROUND
FOUND 15.3' WITNESS CORNER
#5 REBAR AND 1.25" ALUMINUM CAP
0.4' ABOVE GROUND
L.S. #14060 (ORIGINAL 1986
MONUMENT)
FOUND WITNESS CORNER S1-6-12-7
T.6S. R.91W. R.92W.
1975 GARFIELD COUNTY SURVEYOR
2.5" IRON PIPE WITH 3" BRASS CAP 0.5'
ABOVE GROUND
WIRE FENCE 4' HT
WIRE FENCE 3' HT
WIRE FENCE 4' HT
WIRE FENCE 4' HT
WIRE FENCE 3' HT
"OLD"
FOUND #5 REBAR
NO CAP
FOUND 0.5" IRON PIPE WITH IRON CAP
ILLEGIBLE
1.3' ABOVE GROUND
AREA OF
APPARENT
OVERLAP IN
TITLE
DESCRIPTIONS
PARCEL NO. 218107200195
SHORT, CARL MICHAEL
(FATHERING PARCEL)
WIRE FENCE
N42° 05' 30"E 86.54'
N
3
°
4
5
'
2
7
"
W
2
0
1
.
6
9
'
N85° 19' 00"E 63.16'
N86° 30' 00"W 726.00'
S79° 41' 33"W
5
3
4
.
9
7
'
N90° 00' 00"W 300.00'
N0
°
0
0
'
1
6
"
W
2
6
0
.
0
6
'
S59° 2
7
'
5
2
"
W
1
9
8
.
7
3
'
N88° 13' 26"W 129.06'
N83° 25' 00"W 23
0
.
1
6
'
N0
°
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'
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W
5
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.
3
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N77° 02' 55"E
1
1
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'
(N77°03'30"
E
1
1
7
0
.
1
6
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R
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O
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D
)
S12° 52' 20"E 199.61'
(199.72' RECORD)N77° 07' 40"E
3
0
0
.
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0
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N72° 23
'
4
6
"
W
3
5
5
.
8
0
'
S89° 00' 00"W 330.00'S58° 3
0
'
0
0
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W
111.6
6
'
(B
A
S
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B
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)
S1
°
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(1
2
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)
N77° 02' 55"E
1
0
8
1
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1
1
'
(
1
0
8
1
.
0
7
'
R
E
C
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D
)
N12° 52' 20"W 200.12'
(200.08' RECORD)
N34
°
0
6
'
0
0
"
E
4
8
9
.
5
8
'
N0
°
0
0
'
0
0
"
E
1
0
0
.
0
0
'
S84° 59' 22"W 650.38'
EDGE OF GRAVEL
(TYP)
FOUND CDOT HIGHWAY I-70 RIGHT OF WAY MONUMENT 300
L.S. #24318
3.25" ALUMINUM CAP 0.2' ABOVE GROUND
FOUND CDOT HIGHWAY I-70 RIGHT
OF WAY MONUMENT 314
L.S. #24318
3.25" ALUMINUM CAP FLUSH WITH
GROUND
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.32030.01 02/07/2024 CL G:\2022\32030 FINDLAY STORAGE\SURVEY\SURVEY DWGS\SURVEY PLOTS\32030_ISP.DWG
IMPROVEMENT SURVEY PLAT
I, MARK S. BECKLER, HEREBY CERTIFY TO 155 FIOU FAMILY RANCH LLLP, THAT THIS IS AN
“IMPROVEMENT SURVEY PLAT” AS DEFINED BY C.R.S. § 38-51-102(9), AND THAT IT IS AMONUMENTED LAND SURVEY SHOWING THE CURRENT LOCATION OF ALL STRUCTURES, WATER
COURSES, WATER FEATURES AND/OR BODIES OF WATER , VISIBLE ROADS, UTILITIES, FENCES, ORWALLS SITUATED ON THE DESCRIBED PARCEL AND WITHIN FIVE FEET OF ALL BOUNDARIES OF SUCHPARCEL, ANY CONFLICTING BOUNDARY EVIDENCE OR VISIBLE ENCROACHMENTS, AND ALLEASEMENTS AND RIGHTS OF WAY OF A PUBLIC OR PRIVATE NATURE THAT ARE VISIBLE, ORAPPARENT, OR OF RECORD AND UNDERGROUND UTILITIES DESCRIBED IN THE TITLE INSURANCE FILENO. REFERENCED IN SURVEY NOTE 5 HEREOF, OR OTHER SOURCES AS SPECIFIED ON THEIMPROVEMENT SURVEY PLAT.
________________________________MARK S. BECKLER L.S. #28643
VICINITY MAP
SCALE: 1"=2000'
SITE
SURVEY NOTES
1. DATE OF FIELD WORK: MAY AND JUNE 2022
2. DATE OF PREPARATION: JUNE AND SEPTEMBER 2022; JANUARY-FEBRUARY 2024
3. BASIS OF BEARINGS: A RECORD BEARING OF S.01°00'00"E. ALONG THE COMMON BOUNDARY LINE BETWEEN PARCEL 2
AND PARCEL 3, MYERS S.B. 35 SUBDIVISION EXEMPTION, BETWEEN THE NORTHEAST CORNER OF SAID PARCEL 2 AND
THE 495' WITNESS CORNER MONUMENTED BY A 2.75" ALUMINUM CAP L.S. #38182, AS SHOWN HEREON.
4. BASIS OF SURVEY: THE ORIGINAL SURVEYOR GENERAL'S PLAT OF TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE 6TH PM,
DATED 1888, THE ORIGINAL SURVEYOR GENERAL'S PLAT OF TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH PM,
DATED 1888, THE DEPENDENT RESURVEY AND SURVEY OF TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE 6TH PM,
DATED MAY 1, 2002, THE DEPARTMENT OF HIGHWAYS STATE OF COLORADO PLAN AND PROFILE OF FEDERAL AID
PROJECT NO. I-70-I(12)89SEC.1& 1-70-I(12)89 SEC. 2, THE 1893 DIAGRAM OF PORTIONS OF SECTIONS 7 TOWNSHIP 6
SOUTH RANGE 91 WEST AND OF SECTION 12 TOWNSHIP 6 SOUTH RANGE 92 WEST OF THE 6TH PM, THE MYERS S.B. 35
EXEMPTION PLAT, RECORDED FEBRUARY 17, 1987 AS RECEPTION NO. 379113, SUBDIVISION EXEMPTION PLAT OF ,
VARIOUS DOCUMENTS OF RECORD AND THE FOUND MONUMENTS AS SHOWN HEREON.
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, PREPARED BY LAND TITLE GUARANTEE COMPANY UNDER ORDER NO. GW63018876, EFFECTIVE APRIL 29,
2022.
6. PLEASE NOTE THE SOUTHERLY BOUNDARY LINE OF THE SUBJECT PROPERTY IS DESCRIBED AS THE MEANDER LINE OF
THE COLORADO RIVER, AS SURVEYED FOR THE 1888 GLO PLAT REFERENCE IN NOTE 4. THE COLORADO RIVER
CURRENTLY IS LOCATED FURTHER NORTH OF SAID 1888 LINE THROUGH THE NATURAL EBB AND FLOW OF SAID RIVER.
THIS MEANDER LINE IS DYNAMIC AND MOVES WITH CHANGES TO SAID RIVER. THE SOUTHERLY ADJOINING PROPERTY
(RECEPTION NO. 715740) IS CURRENTLY DESCRIBED TO THE CENTERLINE OF SAID RIVER. THIS ADJUSTMENT FROM THE
ORIGINAL MEANDER LINE TO THE CENTERLINE OF THE RIVER IS CONSISTENT WITH THE 2009 BLM MANUAL OF
SURVEYING INSTRUCTIONS CHAPTER 8-2 REGARDING NON-NAVIGABLE RIVERS AND CHAPTER 8-17 REGARDING THE
RIVER THREAD AS THE RIVER DIVISION. THIS SURVEY REFLECTS THE RECORD DESCRIPTION REFERENCED FROM TITLE
WORK REFERENCED IN NOTE 5 FOR CONSISTENCY WITH THE PRIOR RECORD MYERS SUBDIVISION EXEMPTION.
7. 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.
8. ALL REFERENCES TO RECORDED DOCUMENTS AND PLATS INDICATED HEREIN REFER TO THE RECORDS OF THE GARFIELD
COUNTY CLERK AND RECORDER.
9. THAT DOCUMENT RECORDED IN BOOK 427 AT PAGE 432 CONVEYS AN EASEMENT THROUGH THE CHENOWETH
PROPERTY FOR THE MAINTENANCE OF LOWER CACTUS DITCH. AT THE PRESENT TIME, THERE IS NO THROUGH WAY IN
USE OR CONSTRUCTED.
10. THE FLOOD PLAIN SHOWN (HATCHED) IS BASED UPON THE FLOOD INSURANCE STUDIES NOS. 080205V001A AND
080205V002A, PREPARED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY, REVISED AUGUST 2, 2006
PROPERTY DESCRIPTION
[FROM THE TITLE COMMITMENT REFERENCED IN NOTE 5]
PARCEL 1:
A PARCEL OF LAND IN THE SE1/4SW1/4 AND LOT 7 OF SECTION 6, LOT 2 AND 3 OF SECTION 7, TOWNSHIP 6 SOUTH, RANGE
91 WEST OF THE 6TH PRINCIPAL MERIDIAN, LYING SOUTHERLY OF THE INTERSTATE 70 FRONTAGE ROAD DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SAID FRONTAGE ROAD WHENCE THE WITNESS CORNER TO
THE NORTHWEST CORNER OF SAID SECTION 7 BEARS SOUTH 77°15'10" WEST 1558.25 FEET; THENCE LEAVING SAID
RIGHT-OF-WAY SOUTH 12°52'20" EAST 200.08 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 42°05'50" WEST
86.53 FEET; THENCE SOUTH 03°45'27" EAST 201.69 FEET; THENCE SOUTH 85°19'00" WEST 63.16 FEET; THENCE SOUTH
34°06'00" WEST 489.58 FEET; THENCE SOUTH 100.00 FEET; THENCE NORTH 84°59'22" EAST 650.38 FEET; THENCE SOUTH
72°23'46" EAST 355.80 FEET; THENCE NORTH 86°30'00" WEST 726.00 FEET; THENCE SOUTH 79°41'33" WEST 534.97 FEET;
THENCE WEST 300.00 FEET; THENCE NORTH 260.00 FEET; THENCE SOUTH 59°27'52" WEST 198.97 FEET; THENCE NORTH
83°25'00" WEST 230.16 FEET; THENCE NORTH 00°15'00" WEST 554.64 FEET TO A POINT THAT INTERSECTS THE SOUTHERLY
RIGHT-OF-WAY OF SAID FRONTAGE ROAD; THENCE ALONG SAID RIGHT-OF-WAY NORTH 77°03'30" EAST 1170.16 FEET;
THENCE LEAVING SAID RIGHT-OF-WAY SOUTH 12°52'20" EAST 199.72 FEET; THENCE NORTH 77°07'40" EAST 300 FEET TO
THE TRUE POINT OF BEGINNING.
ALSO KNOWN AS:
PARCEL 1
MYERS SENATE BILL 35 EXEMPTION
ACCORDING TO THE PLATH THEREOF, RECORDED FEBRUARY 17, 1987 AS RECEPTION NO. 379113.
AND
PARCEL 2:
A PARCEL OF LAND IN THE SE1/4SW1/4 OF SECTION 6, LOT 2 AND LOT 3 OF SECTION 7, TOWNSHIP 6 SOUTH, RANGE 91
WEST OF THE 6TH PRINCIPAL MERIDIAN, LYING SOUTHERLY OF THE INTERSTATE 70 FRONTAGE ROAD DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SAID FRONTAGE ROAD WHENCE CORNER TO THE
NORTHWEST CORNER OF SECTION 7 BEARS SOUTH 77°15'10" WEST 1558.25 FEET; THENCE ALONG SAID RIGHT-OF-WAY
NORTH 77°03'30" EAST 1081.07 FEET; THENCE LEAVING SAID RIGHT-OF-WAY SOUTH 01°00'00" EAST 1200.08 FEET;
THENCE SOUTH 58°30'00" WEST 111.66 FEET; THENCE SOUTH 89°00'00" WEST 330 FEET, THENCE NORTH 72°23'46" WEST
355.80 FEET; THENCE SOUTH 84°59'22" WEST 650.38 FEET; THENCE NORTH 100.00 FEET; THENCE NORTH 34°06'00" EAST
489.58 FEET; THENCE NORTH 85°19'00" EAST 63.16 FEET; THENCE NORTH 03°45'27" WEST 201.69 FEET; THENCE NORTH
42°05'50" EAST 86.3 FEET; THENCE NORTH 12°52'20" WEST 200.08 FEET TO THE POINT OF BEGINNING.
ALSO KNOWN AS:
PARCEL 2
MYERS SENATE BILL 35 EXEMPTION
ACCORDING TO THE PLATH THEREOF, RECORDED FEBRUARY 17, 1987 AS RECEPTION NO. 379113.
COUNTY OF GARFIELD
STATE OF COLORADO
FIOU FAMILY RANCH
SITUATE IN SECTIONS 6 AND 7, TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO
SHEET 1 OF 3
PARTIAL IMPROVEMENT SURVEY PLAT WITH TOPOGRAPHY OF:
1 inch = ft.
( IN U.S. SURVEY FEET )
GRAPHIC SCALE
0150 150 300
150
60075
TO NEW CASTLE
TO SILT
SOPRIS ENGINEERING LLC
502 MAIN STREET SUITE A3 CARBONDALE CO 81623
(970) 704 0311 soprisengineering.com
FLOOD PLAINPER THIS SURVEY
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XWL
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XW
L
PARCEL 2
MYERS S.B. 35 SUBDIVISION EXEMPTION
REC. #379113
PARCEL NO. 218106300053
CHENOWETH, LOTTIE TRUST
DTD 9/29/93
LOWER
C
A
C
T
U
S
V
A
L
L
E
Y
D
I
T
C
H
PARCEL 3
MYERS S.B. 35
SUBDIVISION
EXEMPTION
REC. #379113
FOUND #5 REBAR AND RED PLASTIC
CAP FLUSH WITH GROUND
ILLEGIBLE
CONSISTENT WITH 2001 MONUMENT
RECORD FOR 14 S.6-7 T.6S. R.91W.
TRUE CORNER 14 S.6-7 T.6S. R.91W.
OBLITERATED
CORNER LIES IN PLOWED FIELD
FOUND #5 REBAR AND RED PLASTIC CAP
0.1' ABOVE GROUND
ILLEGIBLECONSISTENT WITH 2001 MONUMENT
RECORD FOR 14 S.6-7 T.6S. R.91W.
FOUND 495' WITNESS CORNER
2.75" ALUMINUM CAPL.S. #38182
WIRE FENCE 3' HT
WIRE FENCE 4' HT
WIRE FENCE 3' HT
"OLD"
FOUND #5 REBAR
NO CAP
FOUND 0.5" IRON PIPE WITH IRON CAP
ILLEGIBLE
1.3' ABOVE GROUND
APPROXIMATE MEAN
HIGH WATER LINE
(NOT FIELD LOCATED)
S42
°
0
5
'
3
0
"
W
8
6
.
5
4
'
S
3
°
4
5
'
2
7
"
E
2
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1
.
6
9
'
S85° 19' 00"W 63.16'
N77° 07' 40"E
3
0
0
.
0
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'
5495
5490
548
5
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5500
5505
5510
(B
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(
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D
)
S77° 02' 55"W
1
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1
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1
1
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(
1
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8
1
.
0
7
'
R
E
C
O
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D
)
S
1
2
°
5
2
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2
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2
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0
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1
2
'
(
2
0
0
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8
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R
E
C
O
R
D
)
S34
°
0
6
'
0
0
"
W
4
8
9
.
5
8
'
WIRE FENCE 3' HT"OLD"
EDGE OF GRAVEL
(TYP)
WELL ACCESS AND SERVICE AGREEMENTREC. #379113, REC. #__________
50'X50'
25.00' WIDE ACCESS EASEMENT
REC. #637655
50'X50' ACCESS EASEMENT
REC. #379113
8' CMP
FOUND CDOT HIGHWAY I-70 RIGHT OF WAY MONUMENT 314
L.S. #24318
3.25" ALUMINUM CAP FLUSH WITH GROUND
BUILDING 5
WELL HOUSE
BUILDING 7140'X40'
BUILDING 6
BUILDING 8
BUILDING 9
BUILDING 10
5505 550
0
5505
5490
5495
5485
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.32030.01 02/22/2024 CL G:\2022\32030 FINDLAY STORAGE\SURVEY\SURVEY DWGS\SURVEY PLOTS\32030_ISP-SH2.DWG1 inch = ft.
( IN U.S. SURVEY FEET )
GRAPHIC SCALE
050 50 100
50
20025
FIOU FAMILY RANCH
SITUATE IN SECTIONS 6 AND 7, TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO
SHEET 2 OF 3
PARTIAL IMPROVEMENT SURVEY PLAT WITH TOPOGRAPHY OF:
SOPRIS ENGINEERING LLC
502 MAIN STREET SUITE A3 CARBONDALE CO 81623
(970) 704 0311 soprisengineering.com
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I-70
FRONTAGE R
O
A
D
PARCEL 1
MYERS S.B. 35 SUBDIVISION EXEMPTION
REC. #379113
PARCEL NO. 218106300053
CHENOWETH, LOTTIE TRUST
DTD 9/29/93
FOUND 15.3' WITNESS CORNER
#5 REBAR AND 1.25" ALUMINUM CAP
0.4' ABOVE GROUND
L.S. #14060 (ORIGINAL 1986
MONUMENT)
FOUND WITNESS CORNER S1-6-12-7
T.6S. R.91W. R.92W.1975 GARFIELD COUNTY SURVEYOR
2.5" IRON PIPE WITH 3" BRASS CAP 0.5'
ABOVE GROUND
WIRE FENCE 4' HT
WIRE FENCE 3' HT
WIRE FENCE 4' HT
S42
°
0
5
'
3
0
"
W
8
6
.
5
4
'
S
3
°
4
5
'
2
7
"
E
2
0
1
.
6
9
'
S85° 19' 00"W 63.16'
S0
°
0
0
'
0
0
"
E
1
0
0
.
0
0
'
N84° 59' 22"E 650.38'
N0
°
0
0
'
1
6
"
W
2
6
0
.
0
6
'
S59° 2
7
'
5
2
"
W
1
9
8
.
7
3
'
N88° 13' 26"W 129.06'
N83° 25' 00"W 23
0
.
1
6
'
N0
°
1
5
'
0
0
"
W
5
5
4
.
3
3
'
N77° 02' 55"E
1
1
7
0
.
2
3
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(N77°03'30"
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N84° 59' 22"E 650.38'
WELL ACCESS AND SERVICE AGREEMENT
REC. #379113, REC. #__________
50'X50'
LOWER CACTUS VALLEY DITCH
BUILDING1
BUILDING 220'X20'
BUILDING 4
BUILDING 3
BUILDING 5
WELL HOUSE
BUILDING 7
140'X40'
BUILDING 8
5495
54
9
0
5485
5475
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.32030.01 02/22/2024 CL G:\2022\32030 FINDLAY STORAGE\SURVEY\SURVEY DWGS\SURVEY PLOTS\32030_ISP-SH2.DWG1 inch = ft.
( IN U.S. SURVEY FEET )
GRAPHIC SCALE
050 50 100
50
20025
FIOU FAMILY RANCH
SITUATE IN SECTIONS 6 AND 7, TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO
SHEET 3 OF 3
PARTIAL IMPROVEMENT SURVEY PLAT WITH TOPOGRAPHY OF:
SOPRIS ENGINEERING LLC
502 MAIN STREET SUITE A3 CARBONDALE CO 81623
(970) 704 0311 soprisengineering.com
EXHIBIT I
WILDLIFE REVIEW LETTER
1
Douglas Pratte, ASLA March 5, 2024
The Land Studio, Inc.
365 River Bend Way
Glenwood Springs, CO 81601
Re: Wildlife Review for Fiou Minor Subdivision
Dear Doug,
A site visit to the proposed Fiou Subdivision occurred on February 21, 2024 to review existing conditions
regarding potential bald eagle roosts, and winter range habitats for mule deer and elk.
Bald Eagle
The property currently supports one tree that may be
used as a perch or roost site for bald eagles. There is
another large tree on the adjacent parcel (at Osage
Gardens). Of note, the tree on Osage Gardens
property is approximately 120-feet from existing
greenhouses, and Osage Garden operations. CPW
recommends a ¼ mile buffer around known roost
sites, where surface activities within the buffer are
limited or forbidden from November 15 through
March 15. These buffers would cover approximately
½ of the property.
During the site review, both trees were assessed for
potential bald eagle use; there was no whitewash
(guano), foraged animal remains, and no limbs which
showed evidence of perching. Based on a lack of
roosting activity evidence, it was determined that
bald eagle use of these trees is likely very limited, and
the trees would not be considered “roost sites” per
CPW guidance.
Big Game Species
The property is located outside of any mule deer
Critical Winter Range, or Severe Winter Range. Some
mule deer use may nevertheless occur on the
property but would likely be limited to a few
individual deer (see Figures below).
The property is mapped as being within an elk Winter
Concentration area. No elk sign was observed on the
property, and elk movement onto the property is limited by the Colorado River to the south, and CDOT big
game fencing along I-70 to the north.
Potential roost tree on Osage Gardens property.
Potential roost tree on Fiou property.
Fiou Minor Subdivision
Wildlife Review
2
CPW Consultation and Concurrence
On February 27, 2024, the project proponents and planners met CPW’s Jake Stanton, District Wildlife
Manager on site to discuss potential wildlife issues. Mr. Stanton concurred that the tree on the parcel and
the tree on the Osage Gardens property could be used as roost sites, but that bald eagle’s use of the tree
is unknown. The minor subdivision would likely have limited disturbance and have limited impact on the
potential roost trees.
Mr. Stanton indicated that given the highway fencing, CPW has now removed the designation of the area
as being within an elk Winter Concentration area.
Mr. Staton additionally recommended adherence to black bear stipulations (securing of trash) and also to
minimize potential conflicts with mountain lion that have been frequenting the area.
Discussion
Given the infrequent use of the potential roost trees along the river, and the nearby activities at Osage
Gardens, subdivision and potential development of the parcel would not likely preclude bald eagle’s
continued infrequent use of the trees as roost sites.
As the parcel sees very low elk and mule deer utilization (primarily due to CDOT big game fencing), the
subdivision of the parcel and potential development would have little impact on big game species, given
that mule deer and elk do not frequent the parcel.
Further adherence to black bear protective stipulations (securing of trash, avoidance of planting fruit-
bearing trees, use of tall game fencing) will further reduce potential conflicts with black bear.
Please feel free to email if you have any questions.
Eric Petterson, Principal Ecologist
Red Mountain Environmental, LLC
Fiou Minor Subdivision
Wildlife Review
3
Fiou Minor Subdivision
Wildlife Review
4
Fiou Minor Subdivision
Wildlife Review
5