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HomeMy WebLinkAbout1.0 ApplicationACa-rfield County RECEIVED Community Development Department 108 8' Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 GARFIELD COUNTY www.garfield-county,com COMMUNITY DEVELOPMENT .PR i al 20 TYPE_ OF APPLICATION In. Administrative Review O Limited Impact Review O Major Impact Review LAND USE CHANGE PERMIT APPLICATION FORM O Amendments to an'Approved LUCP ❑ LIR ['MIR ❑ SUP O Minor Temporary Housing Facility O Development in 100 -Year Floodplain O Development in 100 -Year Floodplain Variance O Code Text Amendment O Rezoning 0 Zone District❑ PUD ❑ PUD Amendment O Administrative Interpretation ❑ Vacation of a County Road/Public ROW O Location and Extent Review O Appeal of Administrative Interpretation O Areas and Activities of State Interest ❑ Comprehensive Plan Amendment O Accommodation Pursuant to Fair Housing Act O Pipeline Development O Variance O Time Extension (also check type of original application) INVOLVED PARTIES Owner/Applicant Name: Mailing Address: City: 5- i‘tailt.0 Phone: ( 0) 3 1 - )71/9 53'6 (ou,.�y P . 100 (,bo.,dtila E-mail: kyr,) 3 f)hdo; I./'M State: (0 Zip Code: I(2 Representative (Authorization Required) Name: 0'/16/ Phone: ( q70 ) A9,4'11) Mailing Address: /OM (//k (rte If 444,s, (?C City: (L, ri'w, el/F State: Co Zip Code: ?/69 E-mail: lAirki ?P, ivLe-rid oni PROJECT NAME AND LOCATION Project Name: < /15 Serm.,d,37 Assessor's Parcel Number: 2- .j 1 - D 0 - 1 5 S2_ Physical/Street Address: S3yS C� X 00 640,11e 60 /b23 Legal Description: Zone District: Akre, t Property Size (acres): 7o1 PROJECT DESCRIPTION Existing Use: fiwgi,c, 10,74 Proposed Use (From Use Table 3-403): Description of Project: of y (n oo 3q. ;4. REQUEST FOR WAIVERS Submission Requirements 0 The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards 0 The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accue to the.best of my knowled e. +// Signature of Property Owner Date OFFICIAL USE ONLY File Number:G.f3-Ei,.tA. Fee Paid: $ p(- " PROJECT DESCRIPTION Existing Use: Proposed Use (From Use Table 3-403): Description of Project: REQUEST FOR WAIVERS Submission Requirements ❑ The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards O The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. Signature of Property Owner Date OFFICIAL USE ONLY File Number: — _ - — — — — Fee Paid: S / /( Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2393-251-00-150 PROJECT: Sills Secondary Dwelling Unit OWNER: Christine and Jason Sills PRACTICAL LOCATION: 5345 County Road 100, Carbondale, CO 81623 ZONING: Rural COMPREHENSIVE PLAN: Residential Medium (6-10 Acres Per Dwelling Unit) PRE -APP DATE: 2/8/19 I. GENERAL PROJECT DESCRIPTION The applicant is requesting a permit for a Secondary Dwelling Unit on an approximately 7 acre parcel located approximately 2.5 miles northeast of the Town of Carbondale. The unit is proposed to be a stand-alone structure, separate from a proposed single-family residence. As the parcel is greater than 4 acres, the unit can be no larger than 3,000 square feet in size. The applicant proposes to connect to an existing well for domestic water and to install a separate OWTS to handle wastewater. It is understood that the unit would be served by an individual well on the property. The Applicant will have to demonstrate that the existing well is legally and physically able to serve the unit and the primary dwelling unit. Staff recommended that the applicant contact the local Division of Water Resources Office at (970)945-5665 to discuss requirements for legal water. A well permit will need to be provided that demonstrates that each unit on the property is legally served by water. A 4 -hour pump test and water quality test are required, but may be done as a condition of approval (however, please submit any supporting information available). In addition, a water quality test in compliance with Section 4-203(M)(1)(b)(5)(C) will need to be provided. Similar to the 4 -hour pump test, this water quality test may be done as a condition of approval if requested in the application. 1 Staff understands that the applicant intends to install a separate OWTS to handle wastewater for the unit. The applicant should supply soils information indicating that an OWTS is feasible on the subject parcel. Demonstration of conformance to Section 7-107 and specifically Table 7-107, Roadway Design Standards, needs to be provided. This demonstration should include all private driveways and roads from the proposed unit to public right of way. A basic traffic study from a qualified professional shall be required. Once the Average Daily Trips on the private roads are confirmed, the applicant should provide a demonstration from a qualified professional that the roads meets associated Roadway Standards. Please respond to each of the items in the Roadway Design Standards Table (7-107) to show compliance with these parameters (ROW width, Lane width, Shoulder width, etc.). Should the roadway not meet one or more of the dimensional standards identified in Table 7-107, then a professional engineer will need to evaluate the roadway and make a determination as to whether it is adequate despite not meeting one or more specific standards. Please see the attached Roadway Waiver form for further information. The applicant should also provide copies of roadway easements to the property. Please respond to the Standards as identified in Article 7: Standards, Division 1, 2 and 3 and for Secondary Dwelling Units, Section 7-701. These are the standards by which the application will be determined to be approved, approved with conditions or denied. A short response to these items ensures that 1) the applicant has read and understands the standards upon which a determination will be based, and 2) allows the applicant and staff to work through any possible issues early on in the application process. II. COMPREHENSIVE PLAN The property is designated in the County Comprehensive Plan as within the Residential Medium Density designation (6-10 acres per dwelling unit). Because the size of the parcel is under the required minimum of 12 acres, the applicant should supply an analysis indicating how the application is in general conformance with the Garfield County Comprehensive Plan. III. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS • Article 3, Zoning o Rural Zone District — Lot/Building Requirements (Table 3-201) and use Table (Table 3- 403) • Article 4, Application and Review Procedures o Administrative Review Process (Section 4-103) o Common Review Procedures (Section 4-101 o Table 4-102 Common Review Procedures and Required Notice o Application Materials (Table 4-201 and Section 4-203) • Article 7, Standards — Division 1 General Standards, Division 2 General Resource Protection Standards, Division 3 Site Planning — as applicable o Additional Standards Applicable to a Secondary Dwelling Unit (Section 7-701) 2 IV. SUBMITTAL REQUIREMENTS Please refer directly to Table 4-201 and the list of General Application Materials in section 4-203. Outlined below is a list of information typically required for this type of application: 1. General Application Materials a) Completed Application Form b) Completed Payment Agreement Form and application fees c) Proof of Ownership (title work, copy of the deed) d) Names and mailing addresses of properties within 200 ft. of the subject property. e) Mineral rights ownership for the subject property (demonstrated through a search of Clerk and Recorders database and/or Assessors database, memo attached). The Mineral Ownership research should include a statement indicating how the mineral rights were researched through County Records. f) A narrative describing the request and related information. 2) Copy of the pre -application summary 3) A Vicinity Map within a radius of approximately 3 miles 4) Site Plan 5) Grading and Drainage Plan 6) Improvements Agreement / Development Agreement (may be waived upon request with accompanying explanation) 7) Waiver Request from the Landscaping Plan requirement 8) Impact Analysis 9) Water Supply Plan 10) Wastewater Management Plan 11) Respond to Standards fully described in Article 7, Divisions 1-3 and, for a Secondary Dwelling Unit Article 7, Section 701 12) Demonstration of legal creation of the parcel — The application should provide evidence that the parcel was created through appropriate County procedures 13) Statement and demonstration of conformance with Section 7-107, Access and Roadways (Specifically conformance with Table 7-107 for access road from County roadway to proposed unit). Provide copies of easements or other demonstration of legal access if the driveway crosses adjacent properties. Submit three paper copies and one digital for applications. Additional copies will be requested upon determination of completeness. See the land use code for additional information on submittal requirements. 3 V. APPLICATION REVIEW a. Review by: b. Public Hearing: c. Referral Agencies: Staff for completeness recommendation and referral agencies for additional technical review XNone (Director's Decision) _Planning Commission _ Board of County Commissioners _ Board of Adjustment May include Garfield County Road and Bridge Department, Fire Protection District, Garfield County Designated Engineer, Town of Carbondale, Garfield County Vegetation Management, and Division of Water Resources. VI. APPLICATION REVIEW FEES a. Planning Review Fees: b. Referral Agency Fees: c. Total Deposit: General Application Processing $ 250.00 $ TBD — consulting engineer/civil engineer fees $ 250.00 (additional hours are billed at $40.50 /hour The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. The summary is valid for a six month period, after which an update should be requested. The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically for review by the public. Proprietary information can be redacted from documents prior to submittal. Pre -application Summary Prepared by: .)LE1 February 8, 2019 Patrick Waller, Senior Planner Date 4 SECTION 2-03. PAYMENT AGREEMENT FORM Payment Agreement Form GARFIELD COUNTY (hereinafter COUNTY) and l�•y /k % ,sb.,e /(S Ak ve / r �%4n /1-..-\A, Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for 1-13 140-1,e dam,/Iir11 �n-t (hereinafter, THE PROJECT). 2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. OWNER and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to OWNER. OWNER agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE) I hereby agree to pay all fees related to this application. /4,t hi kct Print Name Mailing Address: E -Mail Address: loon G it ie. LreA I2 Ajc. Qd r 13.),ALIe CO 7(16.23 '170- Pf-Iyra Signature Date Owner's Representative Agreement This Owners Representative Agreement (the "Agreement") is entered into on February 12th, 2019 by and between Linda Rogers/Steve Follin ("Owners") and Walter Whitaker ("Owner's Representative"). The Owners intend to develop the project located at 5345 County Road 100, Carbondale CO. The Owners desire the services of the Owner's Representative, who has expertise and experience in development involving areas relevant to the project. The Owners desire to retain the Owner's Representative to provide comprehensive services in the organization, coordination, management and administration required for all aspects of the development of the project. Owner's agree to allow Owner's Representative to act on their behalf on all items relevant to the development. For the avoidance of doubt, this Agreement does not constitute a Power of Attorney for the Owner's Representative and the Owners themselves will execute any necessary legal documents. i nz Linda Rogers (Owner Walter Whitaker (Owner's Representative) Steve Follin (Owner) Sills SDU Land Use Change 5345 County Rd 100 Carbondale CO 81623 This application is for an SDU at the above listed address. The purpose of this application is to add the additional dwelling for the shared owners of the property. The 25% owners of the property are the parents of the 75% owner and they wish to retire and live in the SDU. The proposed SDU will be 2880 square feet of living space. The access will be the shared driveway for the existing residence at 5345 County Rd 100. The domestic water will be attained through the existing well. The owners would prefer the water quality and flow test be conducted as a condition of approval. The drainage surrounding the new residence will be minimal with building site placed near one of the high points of the lot and natural falling grade away from the residence. The septic will be an engineered system designed by All Service Septic prior to building permit submittal. The impact of this SDU will be very minimal. The property is surrounded by rural residential parcels in a treed area and will not be visible or impede any other adjacent property owner's view plain. There are no streams or large bodies of water within close proximity to the lot and the native slope creates natural drainage to the lower unused portion of the property. As stated in the soils report, the existing combination of rock and nonexpansive soils create an optimal environment for typical spread footer foundation without the need for over excavation or import of more consistent bearing soils. The property consists of rolling juniper and cedar trees in a ranch like setting. There are no man made or natural features that would be disturbed outside of the SDU footprint. The construction of this residence will not present or create any potential hazards. The proposed location of the SDU placed on the higher less vegetated area of the property lends itself to a proper building location. The surrounding agricultural fields and lower heavily vegetated areas in and around the property are the main travel corridor/feeding/bedding areas of the native wildlife. Building the SDU in its proposed location will not alter the natural travel patterns of the animals as it sits outside their main travel area. The location of the SDU was chosen after substantial research by the owners to determine the most natural location with the least amount of environmental and man made impact. The well is in close proximity. The natural grade lends itself to proper drainage away from the residence and existing driveway. The view plain of adjacent property owners will not be unobstructed. The contour and topography create privacy in relation to the main residence. Thank you for your consideration of this SDU. We look forward to any additional questions or comments. 903319 02/15/2018 04:07:53 PM Page 1 of 3 Jean Alberico, Garfield County, Colorado Rec Fee: $23.00 Doc Fee: $87.50 eRecorded WARRANTY DEED State Doc Fee: $87.50 Recording Fee: $23.00 TI -HS DEED is dated the 15th day of February, 2018, and is made between Peter S. Welles and Sondra T. Welles (whether one, or more than one), the "Grantor' of the County of Garfield and State of Colorado and Christine FoIlin Silts and Jason Sills as to a undivided 75% interest as Joint Tenants and Steven E. Follin and Linda S. Rogers as to a undivided 25% interest as Joint Tenants, holding title together as Tenants in Common (whether one, or more than one), the "Grantee", whose legal address is 5345 County Road 100, Carbondale, CO 81623 of the County of Garfield and State of Colorado. WITNESS, that the Grantor, for and in consideration of the sum of Eight Hundred Seventy Five Thousand Dollars and No Cents ( $875,000.00 ), the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with any improvements thereon, located in the County of Garfield and State of Colorado described as follows: See Exhibit "A" attached hereto and made a part hereof also known by street address as: 5345 County Road 100, Carbondale, CO 81623 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantees, and the Grantees' heirs and assigns forever. The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, and the Grantee's heirs and assigns: that at the time of the ensealing and delivery of these presents, the Grantor is well seized of the premises above described; has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, and in fee simple; and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid; and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except and subject to: See Exhibit "B" attached hereto and made a part hereof And the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, in the quiet and peaceable possession of the Grantees, and the heirs and assigns of the Grantees, against all and every person or persons lawfully claiming the whole or any part thereof. I WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. Peter S. Welles Sondra T. Welles State of Colorado County ofC The foregoing instrument was acknowledged before me this day of February, 2018 by Peter S. Welles and Sondra T Welles. KATHARINE STASKAUSKAS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20054035441 MY COMMISSION EXPIRES DECEMBER 07, 2021 Witness my hand and official seal. } Notary Public My commission expires: Stewart Title File Number: 0133D-104388 932A WARRANTY DEED STCO Page 1 903319 02/15/2018 04:07:53 PM Page 2 of 3 Jean Alberico, Garfield County, Colorado Rec Fee: $23.00 Doc Fee: $87.50 eRecorded EXHIBIT "A" LEGAL DESCRIPTION File No.: 01330-104388 Parcel C: A parcel of land which is part of the SE1/4NE1/4 of Section 25, Township 7 South, Range 88 West of the Sixth Principal Meridian, Garfield County, Colorado, and being more particularly described as follows: Beginning ata brass cap in place and properly marked for the E1/4 corner of said Section 25; thence N 01°47'00" E along the East line of said SE1/4NE1/4 (with all bearings contained herein relative to a bearing of S 01°47'00" W on the East line of the NE1/4 of said Section 25) 1350.58 feet; thence N 88°51'59" W along the North line of said SE1/4NE1/4, 607.15 feet to the true point of beginning; thence S 19°40'16" E 143.00 feet; thence S 05°0743" E 162.06 feet; thence N 65°15'00" W 102.96 feet; thence 66.65 feet along the arc of a 130.00 foot radius curve to the right, the chord of which bears N 50° 33'37" W 65.93 feet; thence 37.73 feet along the arc of a 170.00 foot radius curve to the left, the chord of which bears 5 07° 14'08" W 37.65 feet; thence S 00°52'35" W 78.23 feet; thence S 64°53'59" W 359.00 feet; thence West 301.87 feet to a point on the West line of said SE1/4NE1/4; thence N 02°03'18" E along the West line of said SE1/4NE1/4 493.05 feet; thence S 88°51'59" E along the North line of said SE114NE1/4 697.16 feet to the true point of beginning. (Containing 7.09 Acres more or less) Also Known As: Parcel C, of the Final PlatAmendment for the Hotchkiss - Lincicome Exemption Approved by Resolution No. 79-8 of the Board of County Commissioners, recorded February 12, 2018, as Reception No. 903166. Together with non-exclusive easements for ingress and egress as set forth in documents recorded in Book 482 at Page 393 as Reception No. 271130 and in Book 492 at Page 927 as Reception No. 276571. County of Garfield, State of Colorado File No.: 01 330-1 04388 ExhibitA Legal Description Page 1 of 1 903319 02/15/2018 04:07:53 PM Page 3 of 3 Jean Alberico, Garfield County, Colorado Rec Fee: $23.00 Doc Fee: $87.50 eRecorded EXHIBIT "B" DEED EXCEPTIONS 1. Taxes and assessments for the year 2017, not yet due and payable. 2. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. Right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded July 12, 1952 in Book 265 at Page 66 as Reception No. 179908. Excepting and reserving, also to the United States, pursuant to the provisions of the Act of August 1, 1946 (60 Stat., 755) all Uranium, Thorium or and other material which is or may be determined to be peculiarly essential to the production of fissionable materials, whether or not of commercial value, together with the right of the United States through its authorized agents or representatives at any time to enter upon the land, prospect for, mine and remove the same. Act of April 24, 1920. 3. Matters disclosed on the Warranty Deeds recorded January 27, 1976 in Book 482 at Page 393 as Reception No. 271130 and in Book 482 at Page 395 as Reception No. 271131. 4. A non-exclusive easement for ingress and egress recorded January 27, 1977 in Book 492 at Page 927 as Reception No. 276571. (Parcel B) 5. Resolution No. 79-8 recorded January 24, 1979 in Book 522 at Page 186 as Reception No. 291687. 6. Matters disclosed on Warranty Deed recorded March 23, 1979 in Book 525 at Page 52 as Reception No. 292893, and recorded March 23, 1979 in Book 525 at page 56 as Reception No. 292895 and recorded March 23, 1979 in Book 525 at Page 54 as Reception No. 292894. 7. Well Agreement recorded March 23, 1979 in Book 525 at Page 58 as Reception No. 292896. 8. Resolution No. 84-73 recorded April 24, 1984 in Book 648 at page 419 as Reception No. 351659. 9. Right -of -Way Easement, recorded November 14, 1985 in Book 678 at Page 867 as Reception No. 366564. 10. Contract for Electric Service, recorded March 31, 1986 in Book 685 at Page 816 as Reception No. 369849. 11. Agreement for Road Improvements on County Road 103, recorded May 4, 1994 in Book 861 at Page 498 as Reception No. 447029. 12. Private Road Maintenance Agreement recorded August 19, 1994 as Reception No. 467425. (Parcel B) 13. Private Road Maintenance Agreement, recorded August 19, 1994 in Book 912 at Page 901 as Reception No. 467426. 14. Underground Right -of -Way Easement for Holy Cross Electric Association, Inc., recorded November 14, 1994 in Book 922 at Page 261 as Reception No. 470856. 15. Final Plat Amendment for the Hotchkiss - Lincicome Exemption Approved by Resolution No. 79-8 of the Board of County Commissioners, recorded February 12, 2018, as Reception No. 903166. 16. Water Use, Ownership and Well Sharing Agreement recorded TBD as Reception No. TBD. 17. All matters shown on the Improvement Survey Plat by Lines in Space on November 5, 2016 as Job No. 05-45. Stewart Title File Number: 01330-104388 932A WARRANTY DEED STC° Page 3 Stewart title Stewart Title - Aspen 620 East Hopkins Avenue Aspen, CO 81611 Date: April 25, 2019 File Number: 01330-104388 -Amendment No. A Buyer: Christine Follin Sills, Jason Sills, Steven E. Follin, and Linda S. Rogers Seller: Peter S. Welles and Sondra T. Welles Property: 5345 County Road 100, Carbondale, CO 81623 Please direct all Title inquiries to: Phone: Email Address: OWNERS: Christine Follin Sills, Jason Sills, Steven E. Follin, and Linda S. Rogers Delivery Method: Emailed WIRED FUNDS ARE REQUIRED ON ALL CASH PURCHASE TRANSACTIONS. FEEL FREE TO CONTACT THE ESCROW OFFICE AS NOTED ON THIS PAGE TO OBTAIN WIRING INSTRUCTIONS. We Appreciate Your Business and Look Forward to Serving You in the Future. Stewart title ALTA COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: Authorind Ia‘.umersir.atu2 Stewart Title - Aspen 620 East Hopkins Avenue Aspen, CO 81611 (970) 925-3577 Matt Morris President and CEO Denise C . rraux Secretary For purposes of this form the "Stewart Title" logo featured above is the represented logo for the underwriter, Stewart Title Guaranty Company. Copyright 2006-2009 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. File No. 01330-104388 004 -UN ALTA Commitment 6-17-06 Page 1 of 2 AAf 1 KI( AN I,� �. r• 11, CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< http://www.alta.orgh. All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. Copyright 2006-2009 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. File No. 01330-104388 004 -UN ALTA Commitment 6-17-06 Page 2 of 2 AAf 1 KI( AN I.,��. r• 11, COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No.: 01330-104388- Amendment No. A 1. Effective Date: April 05, 2019, at 8:00 A.M. 2. Policy or Policies to be issued: (a) ALTA Owner's Policy Proposed Insured: Info Only commitment Christine Follin Sills, Jason Sills, Steven E. Follin, and Linda S. Rogers (b) ALTA Loan Policy Proposed Insured: Amount of Insurance 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the said estate or interest in said land is at the effective date hereof vested in: Christine Follin Sills, Jason Sills, Steven E. Follin, and Linda S. Rogers 5. The land referred to in this Commitment is described as follows: See Attached Legal Description Purported Address: 5345 County Road 100 Carbondale, CO 81623 STATEMENT OF CHARGES These charges are due and payable before a policy can be issued Copyright 2006-2009 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. File No. 01330-104388 CO STG ALTA Commitment Sch A STO Page 1 of 2 STEWART TITLE GUARANTY COMPANY SCHEDULE A LEGAL DESCRIPTION Parcel C: A parcel of land which is part of the SE1/4NE1/4 of Section 25, Township 7 South, Range 88 West of the Sixth Principal Meridian, Garfield County, Colorado, and being more particularly described as follows: Beginning at a brass cap in place and properly marked for the E1/4 corner of said Section 25; thence N 01°47'00" E along the East line of said SE1/4NE1/4 (with all bearings contained herein relative to a bearing of S 01°47'00" W on the East line of the NE1/4 of said Section 25) 1350.58 feet; thence N 88°51'59" W along the North line of said SE1/4NE1/4, 607.15 feet to the true point of beginning; thence S 19°40'16" E 143.00 feet; thence S 05°07'43" E 162.06 feet; thence N 65°15'00" W 102.96 feet; thence 66.65 feet along the arc of a 130.00 foot radius curve to the right, the chord of which bears N 50°33'37" W 65.93 feet; thence 37.73 feet along the arc of a 170.00 foot radius curve to the left, the chord of which bears S 07°14'08" W 37.65 feet; thence S 00°52'35" W 78.23 feet; thence S 64°53'59" W 359.00 feet; thence West 301.87 feet to a point on the West line of said SE1/4NE1/4; thence N 02°03'18" E along the West line of said SE1/4NE1/4 493.05 feet; thence S 88°51'59" E along the North line of said SE1/4NE1/4 697.16 feet to the true point of beginning. (Containing 7.09 Acres more or less) Also Known As: Parcel C, of the Final Plat Amendment for the Hotchkiss - Lincicome Exemption Approved by Resolution No. 79-8 of the Board of County Commissioners, recorded February 12, 2018, as Reception No. 903166. Together with non-exclusive easements for ingress and egress as set forth in documents recorded in Book 482 at Page 393 as Reception No. 271130 and in Book 492 at Page 927 as Reception No. 276571. County of Garfield, State of Colorado Copyright 2006-2009 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. File No. 01330-104388 CO STG ALTA Commitment Sch A STO Page 2 of 2 STEWART TITLE GUARANTY COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I File No.: 01330-104388- Amendment No. A The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. NONE, SEE SCHEDULE B -PART 2 FOR ALL INFORMATION NOTE: The vesting deed is shown as follows: Warranty Deed recorded February 15, 2018 as Reception No. 903319 . Copyright 2006-2009 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. File No. 01330-104388 CO STG ALTA Commitment Sch B 1 Page 1 of 1 STEWART TITLE GUARANTY COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II File No.: 01330-104388- Amendment No. A Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. 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 but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in Schedule B. 7. Water rights, claims or title to water. 8. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. Right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded July 12, 1952 in Book 265 at Page 66 as Reception No. 179908. Excepting and reserving, also to the United States, pursuant to the provisions of the Act of August 1, 1946 (60 Stat., 755) all Uranium, Thorium or and other material which is or may be determined to be peculiarly essential to the production of fissionable materials, whether or not of commercial value, together with the right of the United States through its authorized agents or representatives at any time to enter upon the land, prospect for, mine and remove the same. Act of April 24, 1920. 9. Matters disclosed on the Warranty Deeds recorded January 27, 1976 in Book 482 at Page 393 as Reception No. 271130 and in Book 482 at Page 395 as Reception No. 271131. 10. A non-exclusive easement for ingress and egress recorded January 27, 1977 in Book 492 at Page 927 as Reception No. 276571. (Parcel B) 11. Resolution No. 79-8 recorded January 24, 1979 in Book 522 at Page 186 as Reception No. 291687. 12. Matters disclosed on Warranty Deed recorded March 23, 1979 in Book 525 at Page 52 as Reception No. 292893, and recorded March 23, 1979 in Book 525 at page 56 as Reception No. 292895 and recorded March 23, 1979 in Book 525 at Page 54 as Reception No. 292894. 13. Well Agreement recorded March 23, 1979 in Book 525 at Page 58 as Reception No. 292896. 14. Resolution No. 84-73 recorded April 24, 1984 in Book 648 at page 419 as Reception No. 351659. Copyright 2006-2009 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. File No. 01330-104388 CO STG ALTA Commitment Sch B II STO Page 1 of 2 STEWART TITLE GUARANTY COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II 15. Right -of -Way Easement, recorded November 14, 1985 in Book 678 at Page 867 as Reception No. 366564. 16. Contract for Electric Service, recorded March 31, 1986 in Book 685 at Page 816 as Reception No. 369849. 17. Agreement for Road Improvements on County Road 103, recorded May 4, 1994 in Book 861 at Page 498 as Reception No. 447029. 18. Private Road Maintenance Agreement recorded August 19, 1994 as Reception No. 467425. (Parcel B) 19. Private Road Maintenance Agreement, recorded August 19, 1994 in Book 912 at Page 901 as Reception No. 467426. 20. Underground Right -of -Way Easement for Holy Cross Electric Association, Inc., recorded November 14, 1994 in Book 922 at Page 261 as Reception No. 470856. 21. Final Plat Amendment for the Hotchkiss - Lincicome Exemption Approved by Resolution No. 79-8 of the Board of County Commissioners, recorded February 12, 2018, as Reception No. 903166. 22. All matters shown on the Improvement Survey Plat by Lines in Space on November 5, 2016 as Job No. 05-45. 23. Water Use, Ownership and Well Sharing Agreement recorded February 15, 2018 as Reception No. 903318 . 24. Memorandum of Water Allotment Contract recorded February 19, 2019 as Reception No. 917384. 25. A Deed of Trust dated February 15,2018, executed by Christine Follin Sills and Jason Sills and Steven E. Follin and Linda S. Rogers to the Public Trustee, to secure an indebtedness of $635,000.00 in favor of Guild Mortgage Company recorded February 15, 2018 as Reception No. 903322 Copyright 2006-2009 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. File No. 01330-104388 CO STG ALTA Commitment Sch B II STO Page 2 of 2 STEWART TITLE GUARANTY COMPANY DISCLOSURES File No.: 01330-104388 Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; B. A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; C. 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 Note: Colorado Division of Insurance Regulations 8-2-2, Section 5, Paragraph G 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 Stewart Title - Aspen 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 Lender's Title 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: A. The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the 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. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: a. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and b. That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. Notice of Availability of a Closing Protection Letter: Pursuant to Colorado Division of Insurance Regulation 8-1-3, Section 5, Paragraph C (11)(f), a closing protection letter is available to the consumer. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN, UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. File No.: 01330-104388 CO Commitment Disclosure Revised 1/1/17 WHAT SHARING Contact 1980 STG Privacy Notice Stewart Title Companies DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. a Reasons we can share your personal information. Do we share Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. Yes No For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and non-financial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company Yes No For our affiliates' everyday business purposes— information about your creditworthiness. No We don't share For our affiliates to market to you — For your convenience, Stewart has developed a means for you to opt out from its affiliates marketing even though such mechanism is not legally required. Yes Yes, send your first and last name, the email address used in your transaction, your Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591. For non -affiliates to market to you. Non -affiliates are companies not related by common ownership or control. They can be financial and non-financial companies. No We don't share We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] PRACTICES How often do the Stewart Title Companies notify me about their practices? We must notify you about our sharing practices when you request a transaction. How do the Stewart Title Companies protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my personal information? We collect your personal information, for example, when you • request insurance -related services ■ provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No.: 01330-104388 Page 1 Revised 11-19-2013 Garfield County Land Explorer Parcel Physical Address Owner Account Num Mailing Address 239325100148 239325100149 239325100150 239325100151 239325100152 239325400265 5347 100 COUNTY RD CARBONDALE 5344 100 COUNTY RD CARBONDALE 5345 100 COUNTY RD CARBONDALE 5343 100 COUNTY RD CARBONDALE 5349 100 COUNTY RD CARBONDALE 404 104 COUNTY RD CARBONDALE MCDOWELL, CHRISTOPHER R011415 R110244 & MADELEINE CONWAY DAVIDSON, ART SILLS, CHRISTINE FOLLIN & R011328 JASON R011269 R011464 R111584 WELLES, SONDRA T & PETER S WALTER, WILLIAM C & SUSAN C BLUE, DOLORES (DEE) B REVOCABLE TRUST 5347 COUNTY ROAD 100 CARBONDALE, CO 81623 2200 SEWALD HIGHWAY ANCHORAGE, AK 99523 5345 COUNTY ROAD 100 CARBONDALE, CO 81623 5343 COUNTY ROAD 100 CARBONDALE, CO 81623 2499 PILGRAM HIGHWAY FRANKFORT, MI 49635 404 COUNTY ROAD 104 CARBONDALE, CO 81623 Garfield County CERTIFICATION OF MINERAL OWNER RESEARCH This form is to be completed and submitted with any application for a Land Use Change Permit. Mineral interests may be severed from surface right interests in real property. C.R.S. § 24-65.5-101, et seq, requires notification to mineral owners when a landowner applies for an application for development from a local government. As such, the landowner must research the current owners of mineral interests for the property. The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4-101(E)(1)(b)(4) requires written notice to owners of mineral interests in the subject property in accordance with C.R.S. § 24-65.5-101, et seq, "as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means." This form is proof of applicant's compliance with the Colorado Revised Statutes and the LUDC. The undersigned applicant certifies that mineral owners have been researched for the subject property as required pursuant to C.R.S. § 24-65.5-101, et seq, and Section 4-101 (E)(1)(b)(4) of the Garfield County Land Use and Development Code, as amended. As a result of that research, the undersigned applicant certifies the following (Please initial on the blank line next to the statement that accurately reflects the result of research): _ I own the entire mineral estate relative to the subject property; or Minerals are owned by the parties listed below The names and addresses of any and all mineral owners identified are provided below (attach additional pages as necessary): Name of Mineral Owner Mailing Address of Mineral Owner t)r t. Sfz $ITh I acknowledge I reviewed C.R.S. § 24-65.5-101, et seq, and I am in compliance with said statue and the LUDC. Applicant's Signature 5'/Z8/I `j Date 7 SSGM www.sgm-inc.com 9 March 29. 2019 Jason and Christine Sills 5345 CR 100 Carbondale, CO 81623 RE: Secondary Dwelling Unit Statement of Demonstration of Section 7-107 Conformance Access and Roadways Dear Jason and Christine, 7 This letter has been prepared for Garfield County Planning with the intent of meeting item 13) of the County's Submittal Requirements in support of the land use application for a secondary dwelling unit on your seven (7) acre parcel at 5345 CR 100, Carbondale, Colorado. Item 13) specifically requires a statement and demonstration of conformance with Section 7-107, Access and Roadways (Specifically conformance with Table 7-107 for access road from County roadway to the proposed unit). i From your application, it is understood that the current roadway serves the existing three parcels _ including Parcel A, Flying Bar Ranch, Parcel C of the Final Plat Amendment for the Hotchkiss-Lincicome Exemption (the subject parcel) and Parcel B of the Final Plat Amendment for the Hotchkiss-Lincicome Exemption. We understand that the proposed secondary dwelling unit is to be constructed on Parcel C. The access road (driveway) that provides access to the three parcels gains access from County Road 100. The following figure on page 2 (Figure A) describes the location of the access road with respect to CR 100 and the three parcels. We have also attached the plat, amended plat and shared access easement agreement for the current access roadway. jConstruction of County Road 100 From field measurements taken of County Road 100, it is noted that the average paved width of the -) roadway is 26 feet. Beyond the edges of the pavement, there exists a 2 foot wide gravel shoulder. From the edge of the shoulder, it is generally observed, when present, that the flowline of the adjacent borrow ditch is 4.5 feet from the edge of the shoulder. The maximum longitudinal slope of CR 100 is at J 6% while the cross slope of the paved portion of the roadway exists between 2 to 3%. Construction of Existing Access Road From field measurements taken of the shared driveway (or access road), it is noted that the roadway is a J graveled roadway surface (Class 6 aggregate base course). The overall width of the roadway is that of j 16 feet wide. The crown slope of the roadway exists with 1 to 2% slopes. Finally, the longitudinal slope j of the roadway is ranging from 3 to 4%. The existing access road exists in an existing 60' wide general purpose access and utility easement as described in Book 525, Page 52 of the Clerk and Recorder's J office. As existing, the access roadway serves 3 parcels (or 3 single family residential units). As proposed with the second dwelling unit, the access roadway will serve 4 single family residential units. With the J GLENWOOD SPRINGS 118 West Sixth St, Suite 200 1 Glenwood Springs, CO 81 601 1 970.945.1004 SSGM www.sgm-inc.com existing condition, the anticipated daily traffic is 23.82 ADT for the three parcels. This classifies the roadway needs of being that of a Semi Primitive access per the County's roadway standards depicted in Table 7-107. As proposed, the ADT for the access road will be 37.76 which will still meet the Semi Primitive access classification in Table 7-107. Access Road Sills Property is represented by Red Shaded Area Figure A Property and Road Location Map The location of Flying Bar Ranch Subdivision is at the southern terminus of CR 100. With the adjacent property east of Flying Bar Ranch, the total unit count served by CR 100 still results in a total ADT of 47.2 GLENWOOD SPRINGS 118 West Sixth St, Suite 200 1 Glenwood Springs, CO 81601 1 970.945.1004 eSGM www.sgm-inc.com (proposed conditions) which still follows the Semi Primitive access per Table 7-107. Figure B (County's Table 7-107) has been provided as follows to summarize the roadway requirements of the county road and the access road for the various roadway classifications. Design StandardsMajor Design Capacity (AOT) Collector 2501+ Table 7 Minor Collector 401-2500 107: Roadway Secondary Access 201-400 Standards Rural Access 101-200 Seml Primitive 21-100 Primitive/ Driveway 0-20 Public Land Access No Access to DU Minimum ROW Width (Feet) 80 60 50 50 40 15 to 30' 30 Lane Width (Feet) 12 12 11 11 8 Single Lane 12 Single Lane 12 Shoulder Width (Feet) 8 6 Min. Paved 6 4 Min. Paved 6 4 Min. Paved 4 2 Min. Paved 2 0 0 Ditch Width (Feet) 10 10 6 6 4 3' 0 Cross Slope 2% 2% 2% 2% Chip/Seal 3% Gravel 2% Chip/Seal 3% Gravel 2% n/a Shoulder Slope 3% 3% 5% 5% 5% n/a n/a Design Speed 35 mph 35 mph n/a n/a n/a n/a n/a Minimum Radius (Feet) 425 185 80 80 S0 40 n/a Maximum%Grade 8% 8% 10% 12% 12% 12% 12% Surface Asphalt or Chip/Seal Chip/Seal Chip/Seal or Gravel Gravel Gravel Native Material n/a t As determined adequate In an eng neering review. Primitive road shall be dedicated ROW, driveway can be dedicated as either an easemen or ROW. 2 If determined necessary for adequate drainage. Figure B Garfield County Table 7-107: Roadway Standards From the table, the Semi Primitive classification has a capacity of 21-100 ADT. Both CR 100 and the access roadway will both result in ADT's that reside inside that range. Given this, the construction standards identified to exist for CR 100 meet the design standard requirements. The access road, in its current condition does not satisfy all of the Table 7-107 Roadway Standard requirements. Per Policy 01-14, Waivers for Road and Demonstration of Compliance, the County's Land Use Code permits waivers given the following criteria are satisfied. (1) An alternative design achieves the intent of the subject standard to the same degree or better. (2) The proposed alternative will impose no greater impacts on adjacent properties than would occur through compliance with the specific standards. The application requests a waiver from the following roadway design standards: Shoulder and Lane Width: The existing access roadway consists of a total width of two lanes plus shoulders of 16'. The roadway standards would require a total width of 20'. In the curved sections of the roadway, the natural tendency of the traffic, snow plowing and surface maintenance has already widened the access road to the required width of 20'. These are the critical sections of the roadway by which to have the 20' width. The remaining tangent (straight) sections of the roadway have not been noted as an issue as line of sight is maintained through the narrow roadway section as vehicles have been able to yield and/or safely pass as the 16' wide roadway plus shoulder does allow two passenger vehicles to pass at low speeds. There has been no documented issue with the current access road GLENWOOD SPRINGS 118 West Sixth St, Suite 200 1 Glenwood Springs, CO 81601 1 970.945.1004 7) 7) -i 7 i Cross Slope: The existing access road cross slope exists varying from 1 to 2%. The required standard is that of 3% for gravel. The typical general requirement for a generous 3% cross slope on graveled roadways follows the need to provide ample slope for drainage waters to be removed quickly during and after a rainfall event to mitigate the potential for ponding and rutting. Given the longitudinal slope of the roadway being at or in excess of 3% combined with the 1 to 2% cross/crown slopes, we feel confident that with continued adequate maintenance of the graveled roadway surface, that the -‘) drainage waters will be adequately conveyed off of the roadway. Like roadway width, there has been no documented issues with drainage waters, ponding and rutting having been a concern other than what is expected as normal occurrence with graveled roadways that do require annual shaping and recompaction of roadway surfacing. In summary, SGM believes the addition of a secondary dwelling unit will impose no greater impacts on the adjacent properties. The existing shared access driveway will remain functionally adequate and safe. SSGM www.sgm-inc.com widths for emergency vehicles or service trucks in the past. The 16' wide driveway is thus expected to continue to provide safe access for all residences. 1) ) 7) 7) J J 7) J J) _) Upon your receipt and review, if you have any question, concerns or additional data needs, please don't hesitate to contact me. Respectfully, Jefferey S. Simonson, PE Principal J 7) 3 7) 7) J GLENWOOD SPRINGS 118 West Sixth St, Suite 200 1 Glenwood Springs, CO 81601 1 970.945.1004 J GARFIELD COUNTY, 0 lif LEGEND AND NOTES P e i O ▪ 0 a 0 V r.1 1 J 1 1 1 7 1 1 1) 9 1) 9 1 9 9 9 J 9 9 9 9 9 9 9 9 J 9 RECJRu a //.'SY' .1-CL3Cs 4.M. i:. C , 46�40431 AUG l9 1991 P;It Ua•.; ;,. uLs;,;=, ,r 5. __ -...'r enOK0912=1:.911 PRIVATE ROAD MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered into. this 15th day of December, 1993, by and between the owners of land described in the Garfield County Clerk and Recorder's office as follows: OWNERS BOOK AND PACE NUMBPR Edward Collum and Cynthia Chardonnay 758/208 Shelly Gross and Annie Gross 772/965 Michael Hammes and Lenore Hammes 772/965 Rob Hunter and Patti Hunter 768/68 Terry Kirk and Julie Kirk 717/921 Lisa Kruidenier and Joe Scofield 787/966 Lisa Kruidenier and Joe Scofield 841/245 Kristen Lawrence 837/521 Phil Miller and Sally Miller 878/499 Sieve Miller and Dawn Miller 841/987 Gregory Peters and Brenda Peters 753/2 Christopher Sommer 521/568 Ron Tarrson 754/612 Ron Tarrson, Trustee, etc. 805/343 Dave Zimmerman and Sally Zimmerman 824/620 WHEREAS, the parties hereto are each separate owners of land described on the book and page numbers as indicated above. Said parcels are adjacent to that roadway known as the Rinrledge easement. WHEREAS, the parties hereto have each been granted a right of way along the road appurtenant to their homesites for purposes of ingress and egress to County Road 100 in the Carbondale, Colorado area. NOW, THEREFORE, in consideration of the mutual promises and terms contained herein, the parties hereto agree as follows: 1. The access road serving the homesites of the parties hereto shall be maintained by all the landowners served by such road and each owner shall pay his/her pro rata share of such maintenance and upkeep. 2. The provisions of this agreement shall run with the land of each of the above described parties and shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. 3. A board of directors comprised of homeowners shall be elected by November 1st each year. S,aid, board shall handle the administration of said maintenance and upkeep. " Page 1 of 2 1 7) 7) 7) 7) 7) ) -i 7) 7 1 7) 7) 7) 7) 7) 1) 1 7) i3 7) -) 21 7) 8n0110912 Ptcl 91.2 4. A copy of this document may be executed by each party, separately, and when each party has executed a copy thereof, such copies taken together shall be deemed to be a full and complete contract between the parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. STATE OF COLORADO) : ss. County of Garfield mw �9 Subscribed and sworn to before me this aday of�� Dec1993by Witness my hand and official seal. My commission expires: ' ©— 5 ' %P ' •ir,. . h t y / i a Notary Public r MARY L FAGAN . NOTARY PUBLIC MY COMMISSION EXPIRES 1OO5e4 BANK OFASPEN P.U. BOX o ASPEN, COLORADO 81611 OZ Proposed AIU / / 1 / 9 \ 1 1 1 1 PLAYHOUSE Parcel C 7.09 Acres ± PATH \ LP TANK 1\i 40.8 2 -STORY, FRAME 18.0' •" 15.0' 7 2o.2' 1r- / • o o W / I / CYSTERN \ / / / I \ \ BXRN Is. r �� •� / WELL \ / , et1 CABIN KENNEL HOUSE •� SEPTIC TANK / / / 1 1 \ / / / co / / / / N90°00'00"E , --,---.\----).,----\--.- \ \ `\ \ `\ `\ 301.87' / / \ \ \ \ \ \ / \\ \ \ \ \ \ \ // \ \ \\ \ \\ \ \ \ \ \\ \ \\ I \ \ \ \\ \ \ �\ �. \\\I \\ \\ \ \ .\ \ \ / ► / / S 8°51'59"E 697.16' 60' Wide General Purpose Access & Utility Easement (Book 525 Page 52) BARN LOAFING SHED / 00 / I / / / / ARENA • LOAFING SHED \ -- -. \ \ \ \ \ \ \ \ I \ \ \\ \ \\ \ \ \\ \\ \\\ \6 \\ \\ `�. \\\ \\ \\ \\ `, \ / \ \ \ \ \ \ / \\ 1 N \ \ \\ 6'� 1 \� \ \ \ \ 0- \ \ \ 1 \ 6> \\\ \ \\ \\ \\ \0, >0\\ Hc\ly C1 Power Lines \ I \\ \\ \ 0- c7\ \ Centerline\2,0' Easement .\ \\\ \ \\ \ook 67,,Page 86� &Bob\ 67-P, e 566 \ \ \ \ \ \ \ \ j \ \ ` \ \ \ \\ \ I \ \ \ \6>� ,- so \ \ \ \ \ \ \ \ o- \ \ \ \ \ \\ \\ \\ \\ \ \\ \ \\ �\ \ \\ \\ \\ \ \ I\ \ _ �� :.v �„ v v., N" v v v v \ \ \ \\\ � N. \ \N \ \ 1 is \ vN v vv v , \v 1. 1 CD \\\\ \\\\\\ \ \ \ \\ \\\`\\\ \\�`\\ \`\\11 I1 I' 1 \� ��� A��A�AA��A V \ \�v S \ / / / / 15' Wide Waterline Easement / Reception No. 903166 -HO -HO- - 3 - -HO - 3---HO-- -2 -HO- 2 0 0 s HOLY CROSS POWER LINES -HO- 3 ---HO-- Parcel B / / / 1 / / ARENA A=12°42'59" R=170.00' L=37.73' h Brg=S07°14'04"W Ch Dist=37.65' / / / / / / / / / / / / / / / ( /--------- ; // ,1 / , // 1 / 1 / 1 / 1 , 1 /I 11 f1/ 1 1 / \\ / / / / 1; I / \ \ A / i Access to County Road 100 East of parcel is along a 60' wide General Purpose Access & Utility Easement (Book 492 Page 927) / �\ (n / LA O os / ,co / / / I/ II 1 / / -�--29°22'30" R=130.00' -L=66.65' Ch Brg=S50°33'45"E Ch Dist=65.92' 98' / / / 1 / / % / / / / / \� 1- CYSTERN / / / / / 1 / I / / / } / / / c0/ // \ / / / // / I 11 / / / / / SHED 650 / X )/ X�� j \6740 ItiORRAL / I X��X X� X-- Site Plan Parcel C of the Final Plat Amendment for the Hotchkiss-Lincicome Exemption Approved by Resolution No. 79-8 of the Board of County Commissioners, recorded February 12, 2018, as Reception No. 903166. Situated in Section 25, T. 7 S., R. 88 W. of the 6th P.M. Garfield County, Colorado Parcel A Flying Bar Ranch \ PROPERTY DESCRIPTION: Parcel C: A parcel of land which is part of the SE1/4NE1/4 of Section 25, Township 7 South, Range 88 West of the Sixth Principal Meridian, Garfield County, Colorado, and being more particularly described as follows: Beginning at a brass cap in place and properly marked for the E1/4 corner of said Section 25; thenceN 01°47'00" E along the East line of said SE1/4NE1/4 (with all bearings contained herein relative to a bearing of S 01°47'00" W on the East line of the NE1/4 of said Section 25) 1350.58 feet; thence N 88°51'59" W along the North line of said SE1/4NE1/4, 607.15 feet to the true point of beginning; thence S 19°40'16" E 143.00 feet; thence S 05°07'43" E 162.06 feet; thence N 65°15'00" W 102.96 feet; thence 66.65 feet along the arc of a 130.00 foot radius curve to the right, the chord of which bears N 50°33'37" W 65.93 feet; thence 37.73 feet along the arc of a 170.00 foot radius curve to the left, the chord of which bears S 07°14'08" W 37.65 feet; thence S 00°52'35" W 78.23 feet; thence S 64°53'59" W 359.00 feet; thence West 301.87 feet to a point on the West line of said SE1/4NE1/4; thence N 02°03'18" E along the West line of said SE1/4NE1/4 493.05 feet; thence S 88°51'59" E along the North line of said SE1/4NE1/4 697.16 feet to the true point of beginning. (Containing 7.09 Acres more or less) Also Known As: Parcel C, of the Final Plat Amendment for the Hotchkiss -Lincicome Exemption Approved by Resolution No. 79-8 of the Board of County Commissioners, recorded February 12, 2018, as Reception No. 903166. Together with non-exclusive easements for ingress and egress as set forth in documents recorded in Book 482 at Page 393 as Reception No. 271130 and in Book 492 at Page 927 as Reception No. 276571. County of Garfield, State of Colorado NOTES: 1. This map has been prepared pursuant to client request for an Site Plan. 2. Units of linear measurements are displayed in US Survey Feet. 3. Existing conditions information shown hereon per the "Improvement Survey Certificate: prepared by Lines In Space, Job No. 05-45, dated 1/05/2016. 4. Vertical Information: Contours shown are per Garfield County GIS LiDAR information and do not represent a field survey. 5. Proposed ADU and driveway information is shown based on information provided by the client and is shown IN THE COLOR RED. 6. SGM will not be responsible for any changes made to this document after it leaves our possession. Any copy, facsimile, etc., of this document must be compared to the original signed, sealed and dated document to insure the accuracy of the information shown on any such copy, and to insure that no such changes have been made. 7. Fences shown hereon, if any, have been shown for general reference and do not necessarily depict limits of ownership. 19 e" "t1 maw` 1 k tori •. rtVIIIP.T>I Irl%,04, r ork Ave - VICINITY MAP - Not to Scale Graphic Scale 0 25 50 100 E CO CD (ify o Lr) s Residence Garfield County, Colorado co CO oo 0 E 0 E Job No. Drawn by: Date: Approved: File: 2019-200 reb 5/9/19 PLS: SillsSitePlan Title: Site Plan Sheet No. 1 EL CYST ARENA GOA ED HOLY CROSS POWER I SHEDS LOT ad 7. 09 AO #/- L®P A LI LOT C2 6. 4 AO #/- CYSTERN Lot li W+E S 0SCAL® LEGAL DESCRlanAgIPHEIPTION OARLY Olq„. IMPROVEMENT SURVEY CERTIFICATE STOREY L !RC ICONE .L .9. 14111 LEGEND AND NOTES e • FOUND PORER a CAP L.S. 7972 O POWER . WELL . GATE POST • TELEPHONE PEDESTAL • FROST FREE HYDRANT +OVERHEAD UTILITY LiKE —6— FENCE L INE CD DELTA ANGLE RADIUS ARC TANGENT CHORD CHORD BEARING IMPROVEMENT SURVEY PLAT 5345 COUNTY ROAD 100 CARBONDALE. COLORADO a. LOVES IN SPACE SYDNEYL/NCICOAE !LS. 14///J 67 GLENWLCD AVE CAW . Ca 970-9634852 OATE- 1/05/2016 SCALE.' /-- 40' JOB NJ: 05-45 Sills SDU Division 1 7-101. Zone District Regulations: Property currently has rural zoning 7-102. Comprehensive Plan and Intergovernmental agreements: This falls in the residential medium 7-103. Compatibility: The SDU will not have any negative bearing on the neighboring properties or existing habitat outside of the building foot print. Adequate access and staging on the property allow for minimum disturbance to neighbors and agriculture 7-104. Source Of Water: See application submittal 7-105: Central Water Distribution and Wastewater Systems: See application submittal 7-106: Public Utilities: New 200 amp service provided for SDU from transformer on property. Onsite waste water engineered by All Service Septic. Gas service provided by new 1000 gallon tank from Amerigas. 7-107. Access and Roadways: Refer to engineering report provided by SGM in application submittal 7-108. Use Of Land Subject To Natural Hazards: There are no known natural hazards present 7-109. Fire Protection: Carbondale Rural Fire Protection currently services area and will provide Preconstruction consult with Bill Gavette to adhere to all rural fire code and setbacks Division 2 7-201. Agricultural Lands: SDU should not impede or disturb existing agricultural activity on bordering parcels 7-202. Wildlife Habitat Areas: With the exception of construction noise, wildlife and wildlife habitat will be undisturbed. Including agricultural fields used for feeding and dense areas of property used for bedding 7-203. Protection Of Waterbodies: This is not applicable as there are no bodies of water in proximity of the parcel 7-204. Drainage And Erosion: The topography of the parcel and location of SDU create minimum erosion or drainage issues. The SDU placement will allow for drainage 360 degrees around the perimeter with spring runoff and snow melt tapering down to the south east away from the driveway and existing structures 7-205. Environmental Quality: N/A 7-206. Wildfire Hazards: Consultation with Carbondale Rural fire prior to construction to remove combustible materials around SDU as needed 7-207. Natural And Geological Hazards: There are no known natural or geological hazards within close proximity to the property 7-208. Reclamation: N/A Division 3 7-301. Compatible Design: Design and architecture will match existing surrounding structures 7-302. Off Street Parking And Loading Standards: Property currently has graded outdoor riding arena that will serve as parking and staging area during construction. This will eliminate any disruption to access 7-303. Landscaping Standards: Upon completion, disturbed areas around SDU will be revegetated with native dry land pasture grass 7-304. Lighting Standards: SDU will adhere to Dark Sky policy so all exterior lighting will be limited in visibility outside of the property 7-305. Snow Storage Standards: The large parcel and existing private roadway create adequate snow storage and removal 7-306. Trail And Walkway Standards: N/A Article 7 Standards 7-701. ADU & SDU: Residence will adhere to all Criteria Form No. OFFICE OF THE STATE ENGINEER GWS -25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 856-3581 APPLICANT LIC WELL PERMIT NUMBER 62797 -F DIV. 5 WD 38 DES. BASIN MD SHELDON GROSS C/O PATRICK MILLER & KROPF PC 730 E DURANT STE 200 ASPEN, CO 81611- (970) 920-1028 PERMIT TO CONSTRUCT A WELL APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 NE 1/4 Section 25 Township 7 S Range 88 W Sixth P.M. DISTANCES FROM SECTION LINES 1553 Ft. from North Section Line 1032 Ft. from East Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) on the condition that this well is operated in accordance with the Basalt Water Conservancy District Augmentation Plan approved by the Division 5 Water Court in case nos. 98CW26 and 98CW89 (Consolidated). If this well is not operated in accordance with the terms of said decree, it will be subject to administration Including orders to cease diverting water. This well Is known as the Gross well. BWCD contract number 3.3.5.223. 4) The use of ground water from this well Is limited to ordinary household purposes inside two single family dwellings, the irrigation of up to 1 acre of lawn and garden, and the watering of domestic animals. 5) The pumping rate of this well shall not exceed 30 GPM. 6) The annual withdrawal of ground water from this well shall not exceed 3 acre-foot. 7) The retum flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is retumed to the same stream system In which the well is located. 8) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 9) A totalizing flow meter must be installed on this well and maintained In good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer by November 15th of each year. 10) This well shall be constructed not more than 200 feet from the location specified on this permit and decreed in case no. 98CW26, and at least 600 feet from any existing well completed in the same aquifer that is not owned by the applicant. NOTE: Expired permit no. 45422-F was previously issued for this lot: O 417-. s� APPROVED JSG Receipt No. 0539368 d et State Engineer By DATE ISSUED 06-23-2005 EXPIRATION DATE 06-23-2006 , 9 9 9 9 9 9 9 �. 9 9 9 9 9 9 9 ,_>) J 3 7 7 J J 7 7 7 J 3 J J 7 J 7 J 3 4.• L R:C.;RU ii //Tv -CL3CA 'EM.f.. L' r 4b?431. AUG 19 1991 t;I� �. aLS ?. .,4 r F annse912 t6;911 PRIVATE ROAD MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered into.this 15th day of December, 1993, by and between the owners of land described in the Garfield County Clerk and Recorder's office as follows: t7IYN R& BOOK ANDPAGENIIJMi3FR Edward Collum and Cynthia Chardonnay 758/208 Shelly Gross and Annie Cron 772/965 Michael Hammes and Lenore Hammes 772/965 Rob hunter and Patti Hunter 768/68 Terry Kirk and Julie Kirk 717/921 Lisa Kruidenier and Joe Scofield 787/966 Lisa Kruidenier and Joe Scofield 841/245 Kristen Lawrence 837/521 PMI Miller and Sally Miller 878/499 Steve Miller and Dawn Miller 841/987 Gregory Peters and Brenda Peters 753/2 Christopher Sommer 5211568 Ron Tarrson 754/612 Ron Tarrson, Trustee, etc. 805/343 Dave Zimmerman and Sally Zimmerman 824/620 WHEREAS, the parties hereto are each separate owners of land described on the book and page numbers as indicated above. Said parcels are adjacent to that roadway known as the Rimledge easement. WHEREAS, the parties hereto have each been granted a right of way along the road appurtenant to their homesites for purposes of ingress and egress to County Road 100 in the Carbondale, Colorado area. NOW, THEREFORE, in consideration of the mutual promises and terms contained herein, the parties hereto agree as follows: 1. The access road serving the homesites of the parties hereto shall be maintained by all the landowners served by such road and each owner shall pay his/her pro rata share of such maintenance and upkeep. 2. The provisions of this agreement shall run with the land of each of the above described parties and shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. 3. A board of directors comprised of homeowners shall be elected by November 1st each year. Said, board shall handle the administration of said maintenance and upkeep. Page 1 of 2 9 'l . 9 9 9 i 9 9 9 9 9 9 9 3 J 7 J J J J 1) J 1) 9 J 9 J J J J 9 J 9 9 9 7) snnv0912 ««&c191.2 4. A copy of this document may be executed by each party, separately, and when each party has executed a copy thereof, such copies taken together shall be deemed to be a full and complete contract between the parties. IN WITNESS WHEREOF. the parties hereto have executed this agreement on the day and year first above written. STATE OF COLORADO ) : ss. County of Garfield p7a, i 99Y Subscribed and sworn to before me this 1 day of D1993 by Witness my hand and official seal, My commission expires: ' 0 —'- J " 147' Notary Pudlic MARY L FAGAN • NOTARY PUBLIC MY COMMISSION EXPIRES 10.'05x84 BANK OFASPEN P.U. BOX 0 ASPEN, COLORADO 81611 WATER USE, OWNERSHIP AND WELL SHARING AGREEMENT THIS AGREEMENT, made and entered into this 02/ -ay of February, 2012, by and between Peter S. Welles and Sondra T. Welles (hereinafter "the Grantors") and Peter S. Welles and Sondra T. Welles (hereinafter referred to as "the Grantees"). WITNESSETH: WHEREAS, the Grantors own certain property located in Garfield County, Colorado, the legal description of which is set forth in Exhibit "A" attached hereto and incorporated herein by reference. Said property may hereafter be called the Ranch Lot; and WHEREAS, the Grantees own certain property adjoining the Ranch Lot in Garfield County, Colorado, as depicted on the map attached hereto as Exhibit "B", and incorporated herein by this reference. Said property may hereafter be called the Adobe Lot; and WHEREAS, there is an existing well located in the SE ''4 NE '4 of Section 25, Township 7 South, Range 88 West of the 6'h P.M. 1553 feet from the north section line and 1032 feet from the east section line of said Section 25 bearing Well Permit #62797-F, referred to as the Ranch Well; and WHEREAS, the Ranch Well is permitted to serve up to two single family residential taps; and WHEREAS, an existing well is located on the Adobe Lot under Colorado Division of Water Resources Well Permit No. 155464; and WHEREAS, The Grantees are adding an Accessory Dwelling Unit ("ADU") to the Adobe Lot; and WHEREAS, the parties desire to set forth in writing the conveyance of rights to and their agreement conceming the ownership of the Ranch Well and related improvements, the use and maintenance of the Ranch Well, and the rights and obligations of the parties concerning the Ranch Well and the use of water therefrom, • NOW THEREFORE. for and in consideration of the mutual promises contained herein the parties agree as follows: 1. Ownership and Shared Well Production; allowed Uses. The Grantors hereby convey their rights, title and interest to the second dwelling unit allowed in the Ranch Well Permit 62797-F to the Grantees for purposes of providing an adequate supply of water for the ADU structure on the Adobe Lot. The intent of the foregoing conveyance to be that the Grantees shall own an undivided interest of the Ranch Well structure and related improvements and easements. Notwithstanding ownership of the improvements, the parties agree that the Grantees shall have the right to use the Ranch Well for purposes of meeting the water demands of the ADU on the Adobe Lot or for supplementing the water usage of the main dwelling on the Adobe Lot. 2. Operation. Maintenance. and Repair of the Ranch Well and Shared Components. The parties agree to pay the costs of maintenance, operation, and improvements of the well, electrical facilities, pump house and all other appurtenant facilities; each party shall pay all expenses and 5. New Well Easements and Terms and Conditions. If any new or replacement well is drilled and constructed pursuant to this Agreement outside of the Well, storage tank and water line easements described in Paragraph 4 above, the Ranch Well Users agree to grant similar easements, as well as, similar ingress and egress access rights, for the new well site, storage tank and delivery lines and the Grantees agree to release and vacate the old easements described. 6. Operation, Maintenance and Repair of Individual Delivery Works. Except as provided in paragraph 2, above, each user shall be solely responsible for all operation, maintenance, and capital costs associated with the delivery of water from the Ranch Well to the house(s) located i on their respective parcels. 7) 7. Notices. All notices required or permitted hereunder shall be in writing and shall be deemed given and received when (a) personally delivered, or (b) 48 hours after the same is 7 deposited in the United States mail, addressed to the other parties at their address appearing on 7 the signature page hereof or at such other address as shall be designated by such other users by D written notice to all the others. T) 8. Runs With the Land: The rights and obligations of each user set forth herein shall be appurtenant to theirrespective parcels and shall not be transferred separate and apart from said parcel. 9 ,-) 9. Binding. This Agreement and all its terms and conditions shall inure to the benefit of 7 and be binding upon the heirs, successors, and assigns of each well user. 9 10. Authorization. By executing this Agreement the parties acknowledge and represent to ,) one another that all procedures necessary to validly contract and execute this Agreement have been performed and that the persons signing for each party have been duly authorized to do so. ,) 11. Entire Agreement. This Agreement contains the entire Agreement of the parties \� concerning the subject matter herein and supersedes all prior agreements, if any. J 12. Attorney Fees In the event that any party is reasonably required to utilize the services of any attorney to initiate litigation and enforce any provision hereof, then the party prevailing in J such litigation, whether the Party initiating litigation or otherwise, shall be entitled to his or her J reasonable attorney fees, court costs and costs of such litigation. 3 J tors: L pes: 011 R S. WELLES Chke 3 7) J J J 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first written above. ET . WELLES SO DRA T. WELLES SO DRA T. WELLES 7) STATE OF COL DRAfO ) COUNTY OF 7) 7) �) My commission expires: 1 / /.,zgja0/o.. (SEAL) Subscribed, sworn to, and acknowledged before me by PETER S. WELLES AND SONDRA T. WELLES this 074 day of FEBRUARY, 2012. Witness my hand and official seal. 7) 7 3 3 9 3 _) J J .) 3 3 J 3 3 3 J J 3 J 3 J 3 J / OJ '5?. JOSEPH CWAP to Y y Cotruutaswn expire "iCp•t nu0 VM Exhibit A LEGAL DESCRIPTION ') File Number: 941911 A parcel of lard which is part of the SE1/4NE1/4 of Section 25, Township 7 South, Range 88 West of the Sixth Principal Meridian, said parcel of land is more fully described as follows: • Beginning at a brass cap in place and properly marked for the East one quarter corner of said Section 25; thence - N 01°47'00" E along the East line of said SE1/4NE1/4 (with all bearings contained herein relative to a bearing - of S 01°47'00" W on the East line of the NE 1/4 of said Section 25) 1350.58 feet; thence N 88°51'50" W along the North line of said SE1/4NE1/4, 607.15 feet to the true point of beginning; 7 thence S 19°16'40" E 143.00 feet; 9 thence S 05°07'43" E 272.70 feet; • thence 5 31°05'45" E 117.77 feet; • thence S 19°16'40" E 143.93 feet; thence S 79°10'30" W 924.12 feet to a point on the West line of said SE1/4NE1/4; thence N 02°03'18" E along the West line of said SEI/4NE1/4 830.86 feet; 7 thence S 88°5P59" E along the North line of said SE1/4NE1/4 697.16 feet to the true point of beginning • County of Garfield, State of Colorado • Together with non-exclusive easements for ingress and egress as set forth in documents recorded in Book 482 at • Page 393 as Reception No. 271130 and in Book 492 at Page 927 as Reception No. 276571 J J J 9 J J 3 J 3 J J J J 3 3 3 J J J J 9 VthibNN A parcel of land which is part of the SEWS( of Section 25, Township 7 South, Range 88 West of the Sixth Principal Meridian, 9 said parcel of land is more fully described as follows: 9 Beginning at a brass cap in place and properly marked for the East One Quarter corner of said Section 25; -) thence N. 89°05'36" W. along the South line of said SE3NEh (with all bearings contained herein relative to a bearing of J S. 01°47'00" W. on the East line of the NES' of said Section 25) 7 322.81 feet to the true point of beginning; 9 thence N. 89°05'36" W. along the South line of said SEStNEh 988.0 feet to the SW Corner of said SYNES,i; J thence N. 02°03'18" E. along the West line of said SEShNESc D 525.00 feet; • thence N. 79°10'30" E. 924.12 feet; ") thence S. 04°54'50" E. 716.49 feet to the true point of beginning. COUNTY OF.GARFIELD J STATE OF COLORADO .J i .J J J J J J LK?P Engineering, Inc. CIVIL/GEOTECHNICAL SOIL AND FOUNDATION INVESTIGATION FOR A PROPOSED RESIDENCE 5345 COUNTY ROAD 100 CARBONDALE GARFIELD COUNTY, COLORADO PROJECT NO. 19-3312 FEBRUARY 6, 2019 v. 29526 2,, f-CAa J �iv L �,i on otit„� PREPARED FOR: JAY AND CHRISTINE SILLS C/O WHIT WHITAKER WRW LOGWORKS, LLC 1009 CATTLE CREEK RIDGE ROAD CARBONDALE, CO 81623 P.O. Box 724, Eagle, CO 81631 Tel. (970) 390-0307 www llcpengineering.com INTORDUCTION - SCOPE OF STUDY This report presents the results of a subsurface Soil and Foundation Investigation for a proposed residence to be constructed at 5345 County Road 100, Carbondale Garfield County, Silt, Colorado. The purpose of the subsurface soil and foundation investigation was to determine the engineering characteristics of the soil subgrade and to provide recommendations for the foundation design, grading, and drainage. Geologic hazard studies are outside of our scope of services. For this study two separate locations of the property were selected by the owners and one test pit was excavated in each location. They will use the results of this study to select the site more suitable for the construction of the proposed residence. SITE DESCRIPTION The property is 7.09 acres ranch (according to the Garfield County Assessor's website) and it is located at 5345 County Road 100, Parcel Number 239325100150, Carbondale, Garfield County, Colorado. Site plan or a survey were not available at the time of our study. An existing main residence was near the southwest property corner with other barns and ranch buildings throughout the property. The vegetation within the proposed northwest building site consisted of juniper and pine trees while the southeast building site was in a fenced in corral for horses. There was 1 to 2 feet of snow on the ground. The topography within the selected building areas varied from hilly near the top of a summit at the northwest building site to a relatively flat meadow at the southeast building site. Drainage is to east and southeast. LKP Engineering, Inc. 3 PROPOSED CONSTRUCTION Plans have not been developed, but from our conversation we understand that the proposed residence will be ranch type, wood frame construction without a basement, on a concrete foundation. We anticipate loads to be light, typical of residential construction. If the fmalized plans differ significantly from the above understanding, they should notify us to reevaluate the recommendations of this report. FIELD INVESTIGATION The field investigation, conducted on February 1, 2019, consisted of logging and sampling two test pits. Approximate locations of the test pits are shown on Drawing No. 1. We show the soil profile of the test pits on the Subsurface Exploration Logs, Figure No's 1 and 2. Soil samples for laboratory soil analysis and observation were taken at selected intervals. The test pits were excavated prior to our site visit by your excavator. SUBSURFACE SOIL AND GROUNDWATER CONDITION The soil profiles encountered in the two test pits were not uniform. Test Pit No. 1 within the proposed northwest building site, had about 16 inches of topsoil with roots over basalt, angular, cobbles and boulder in a whitish silty, clayey, sandy, gravelly matrix, calcareous, gypsiferous. to the maximum depth explored of 5 feet, where it appears that refusal on the boulders was encountered. Test Pit No. 2 in the proposed southeast building site had about two feet of man-made fill for the construction of the horse corral, over a thin layer of topsoil and roots over light reddish -brown, calcareous, silty, sandy clay to clayey sand to the maximum depth explored of 7 feet. Ground water or bedrock were not encountered in the test pits. We sampled the soil in the test pits at random intervals. The soil samples were tested in our LKP Engineering, Inc. 4 laboratory for swell/consolidation, natural dry density and natural moisture content. The test results are shown on Figure No's. 3 and 4. FOUNDATION RECOMMENDATIONS The proposed residence in both building locations can be supported with conventional type spread footings, designed for a maximum allowable soil bearing pressure of 1500 psf. The footings in the northwest building site can be constructed on the undisturbed silty, clayey, sandy gravel with basalt cobbles and boulders and in the southeast building site on the silty -sandy clay or clayey sand below the fill and topsoil layers. We recommend a minimum width of 18 inches for the continuous footings and 2 feet for the isolated footing pads. Continuous foundation walls should be reinforced top and bottom to span an unsupported length of at least 10 feet. The proposed foundation should be set at a minimum depth of four feet below the finished grade or at the minimum depth required by the local building code. The foundation excavation should be observed by the undersigned engineer to verify that the soil conditions encountered during construction are as anticipated in this report. Since only one test pit was dug, tested and observed during this investigation, additional soil testing might be required during the open hole inspection. The foundation excavation should be free from excavation spoils, frost, organics and standing water. We recommend proof -rolling of the foundation excavation. Soft spots detected during the proof -rolling, should be removed by overexcavation. Any overexcavation within the proposed foundation should be backfilled, in 8 inches loose level lifts and compacted to 100% of the maximum dry density and within 2 percent of the optimum moisture content as determined in a laboratory from a Standard Proctor test (ASTM D-698). A structural fill, placed under footings should be tested by a qualified professional. Voids left at the bottom of the foundation excavation, by the removal of boulders, should be filled with lean concrete. LKP Engineering, Inc. 5 SLAB CONSTRUCTION The natural on-site soils, exclusive of topsoil and organics, are suitable to support lightly loaded slab -on -grade construction. The subgrade for the slab -on -grade construction should be proof compacted to detect and remove soft spots. They should backfill overexcavated soft spots and other underslab fill with the on-site soil, free from topsoil and organics, or other suitable material, compacted to a minimum of 95 percent of the maximum standard Proctor density (ASTM D-698). Suitable material should be free from topsoil, organics and rock fragments greater than 3 inches. The concrete slab should be constructed over a 4 -inch layer of clean gravel consisting of -3/4 inch gravel with at least 50% retained on the No. 4 sieve and less than 3 percent passing the No. 200 sieve. They should reinforce the concrete slab -on -grade and score control joints according to the American Concrete Institute requirements and per the recommendations of the designer to reduce damage due to shrinkage. The concrete slab should be separated from the foundation walls and columns with expansion joints to allow for independent movement without causing damage. RETAINING WALLS Foundation walls retaining earth and retaining structures that are laterally supported should be designed to resist an equivalent fluid density of 60 pcf for an "at -rest" condition. Laterally unrestrained structures, retaining the on-site earth, should be designed to resist an equivalent fluid density of 40 pcf for the "active" case. The above design recommendations assume drained backfill conditions and a horizontal backfill surface. Surcharge loading due to adjacent structures, weight of temporary stored construction materials and equipment, inclined backfill and hydrostatic pressure due to LKP Engineering, Inc. 1 9 9 6 undrained backfill should be incorporated in the design. They should try to prevent the buildup of hydrostatic pressure behind the retaining wall. Passive earth pressure of 360 psf can be used for the lateral pressure against the sides of the footings. Resistance to sliding at the bottom of the footings can be calculated based on a jcoefficient of friction of 0.5. Undisturbed soil or a structural fill compacted to 100 percent of the maximum dry density and within 2 percent of the optimum moisture content will be used to resist lateral loads at the sides of the footings. 9 UNDERDRAIN SYSTEM \� To reduce the risk of surface water infiltrating the foundation subsoil, we recommend installation of a foundation perimeter drain (see Figure No. 5). The foundation perimeter drain should consist of a 4 -inch diameter, perforated pipe, sloped to a suitable gravity outlet, at a 1/4 J inch per foot for flexible or at a 1/8 of an inch for rigid pipe. The bottom of the trench adjacent to the footing should be lined with a polyethylene moisture barrier glued to the foundation wall. j The drain pipe should be covered with a minimum of 6 inches of -3/4-inch free -draining granular material. Geotextile (Mirafi 140N or equivalent) should be used to cover the free - draining gravel to prevent siltation and clogging of the drain. The backfill above the drain should be granular material to within 2 feet of the ground surface to prevent a buildup of hydrostatic pressure. J 3 SITE GRADING AND DRAINAGE 3 J The following recommendations are general. Exterior backfill should be compacted at or near the optimum moisture content to at least 95% of the maximum standard Proctor density under pavement, sidewalk and patio areas and to at least 90% of the maximum standard Proctor Jdensity under landscaped areas. They should use mechanical methods of compaction. Do not 3 3 LKP Engineering, Inc. .J 9 9 7 puddle the foundation excavation. i The site surrounding the building structure should slope away from the building in all directions. A minimum of 12 inches in the first 10 feet is recommended in unpaved areas, and three inches in the first 10 feet in paved areas. The top of the granular foundation backfill should be covered with a minimum of 1 foot of relatively impervious fill to reduce the potential of surface water infiltrating the foundation subsoils. Surface water naturally draining toward the proposed building site should be diverted around and away from it by means of drainage swales or other approved methods. The roof drains and downspouts should extend and discharge beyond the limits of the backfill. 9 7 EXCAVATION DIFICULTIES 3 3 Depending on the extent of the layer of basalt, cobbles and boulder, encountered in Test Pit Number one within the northwest building site, the excavation of the utility trenches and more specifically the trench for the water service line from the well to the proposed building site, -� might require heavier excavation equipment. 3 3 LAWN IRRIGATION 2 It is not recommended to introduce excess water to the foundation soils by installing Jsprinkler systems next to the building. The installation of the sprinkler heads should insure that the spray from the heads will not fall within 10 feet of foundation walls, porches or patio slabs. j Lawn irrigation must be controlled. J LIMITATION J JThis report has been prepared according to locally accepted Professional Geotechnical j LKP Engineering, Inc. J 8 Engineering standards for similar methods of testing and soil conditions at this time. The type of soil testing was selected by the owner and general contractor as the preferred method for the soil and foundation investigation over a soil and foundation investigation with a drill rig. There is no other warranty either expressed or implied. The findings and recommendations of this report are based on field exploration, laboratory testing of samples obtained at the specific locations shown on the Location Sketch, Drawing No.1 and on assumptions stated in the report. Soil conditions at other locations may vary, which may not become evident until the foundation excavation is completed. If soil or water conditions seem different from those described in this report we should be contacted immediately to reevaluate the recommendations of this report. We are not responsible for technical interpretation by others of the data presented in this report. This report was been prepared for the exclusive use of Jay and Christine Sills, c/o Whit Whitaker, WRW Logworks, LLC, for the specific application to the proposed residence within one of the above-described, proposed building sites at 5345 County Road 100, Parcel Number 239325100150, Carbondale, Garfield County, Colorado. Sincerely, LKP ENGINEERING, INC. Luiza Petrovska, PE ‘-‘10, REGj,,, cZ pETRO1/4s �F ap�fv�14' ti :0 29526 ; Cc e A; •� c 000eoo 9.1/4:11‘‘ :11‘ s10 a� J:\ WP X4-LKP\ 2019\19-3312CLAY-SAND-PITS-TWO SITES-COBBLE.DOCX LKP Engineering, Inc. Garfield County Land Explorer Garfield County, Colorado R6a6Orati) .14-1111:11164 21 Garfield County Land Explorer Printed by Web User (anfwIdtentT Garfield County Colorado ineugarrold.caunt. (am Disclainn !Mai templaten Wraith is twe mem m OachtliOnat. Oma • allectoclbe ons tlara.TImilrainn 1011•114CONYCOICRIWCNIMPOratiMIPCCONIVII 11•11101•4101L OMMUMICIO•04.105.131fed. © rynght Gm fed County. (abrade 1 AO *gnu xnetw-a filn:41.2/6.01311.7:2113710.1 NOTE: THE LOCATION OF THE TEST PITS IS APPROXIMATE. IT IS NOT BASED ON A SURVEY. CIVIL/GEOTECHNICAL Engineering, Inc. P.O. Box 724, Eagle, CO 81631 Tel (970) 390-0307 www.lkpengIneerIng.com LOCATION SKETCH 5345 100 COUNTY RD CARBONDALE 81623 PARCEL 239325100150 GARFIELD COUNTY, COLORADO PROJECT NO.: 19-3312 SCALE: — 1" = 250' DRAWING NO.: DATE OBSERVED: FEBRUARY 1, 2019 Test Pit # 1 ELEVATION: DEPTH FEET S Y M 8 0 L S A M P L E DESCR/P770N OF MATERIAL AND SAMPLE LOCA770N LABORATORY TEST RESULTS REMARKS — — — 5 iii Topsoil, silty with roots Vc A Volcanic cobbles and boulders, angular, in a whitish, silty, clayey, sandy, gravelly matrix, gypsiferous, calcareous - — 10 Bottom of Test Pit 0 5 feet No Ground Water Encountered — 15 - 20 - LEGEND: o - 2—inch 0.D. California Liner Sample • — Bulk Sample DD — Natural Dry Density (pcf) MC — Natural Moisture Content (X) —200 — Percent Passing No. 200 Sieve LL — Liquid Limit PI — Plasticity Index GW — Ground water LKP ENGINEERING, INC. SUBSURFACE EXPLORATION LOG PROJECT Na: 19-3312 Pam Na; 1 DATE OBSERVED: FEBRUARY 1, 2019 Test Pit # 2 ELEVATION: DEP7H FEET S Y M B 0 L S A M P L E DESCRIPTION OF MATERIAL AND SAMPLE LOCATION LABORATORY TEST RESULTS REMARKS _ — — = s — — 10 M cs pp; A:: Clayey—Sandy, man—made rill over a thin layer of topsoil at 2 feet OD= 110.7pcf MC=13.2% west side of test pit 1. 2/7 0 ❑ Light reddish—brown, calcareous, silty, sandy clay to clayey sand DD= 107.0 cf p MC= 6.5 % DD= 93.6pcf MC=7.6% South side of test oit Bottom of test pit at 7 feet No Ground Water Encountered — — 15 20 — LEGEND: o - 2—inch 0.D. California Liner Sample ■ — Bulk Sample OD — Natural Dry Density (pcf) MC — Natural Moisture Content (Z) —200 — Percent Passing No. 200 Sieve LL — Liquid Limit PI — Plasticity Index GW — Ground water LKP ENGINEERING, INC. SUBSURFACE EXPLORATION LOG PRGZOT Na: 19-3312 n: 2 9 9 1 9 0 .) o 3 W 1 9 -2 3 1 -3 9 1 9 —5 J 3 3 9 3 2 3 9 o 9 c 0 0 3a W J ' J J —2 3 J m —3 3 ✓ 4 J 5 3 3 3 3 3 3 LKP Engineering, Inc. Swell/Consolidation Test Results PROJECT Na: 19-3312 FIGURE Na: 3 .1/4...N\ 0.1 1 0 10 100 APPLIED PRESSURE — ksf Sample oI Light reddish, sandy Clay, calcareous from: Test Pit 2 at 4 feet Natural Dry Unit Weight = 1070 pcf Natural Moisture Content = 6.5 percent LKP Engineering, Inc. Swell/Consolidation Test Results PROJECT Na: 19-3312 FIGURE Na: 3 .1/4...N\ 0.1 1 0 10 100 APPLIED PRESSURE — ksf Sample oft Light reddish clayey Sand from:Test Pit 2 South at 7 feet Natural Dry Unit Weight = 936 pcf Natural Moisture Content = 7.6 percent LKP Engineering, Inc. Swell/Consolidation Test Results PROJECT Na: 19-3312 FIGURE Na: 3 2 1 0 1 —2 5 LKP Engineering, Inc. Swell/Consolidation Test Results PROxcr NO.: 19-3312 FIGURE NO.: 4 0.1 1 0 10 100 APPLIED PRESSURE — ksf Sample of Light reddish, sandy Clay with some grovel from: Test Pit 2 west at 7 feet Natural Dry Unit Weight = 110.7 pcf Natural Moisture Content = 13.2 percent LKP Engineering, Inc. Swell/Consolidation Test Results PROxcr NO.: 19-3312 FIGURE NO.: 4 LOPE AWAY FROM BUILDING OVER BACKFILL WITH A MINIMUM OF ONE FOOT OF RELATIVELY IMPERVIOUS SOIL GRANULAR FILL 4. 30 MIL MINIMUM THICKNESS, PLASTIC LINER, GLUED TO TH FOUNDATION WALL ILTER FABRIC (MIRAFI 140N OR EQUIVALENT) INUS 3/4 -INCH DIAMETER, COARSE, CLEAN CRUSH ROCK INCH DIAMETER PERFORATED PIPE SLOPED TO A DAYLIGHT LOCATION AWAY FROM THE FOUNDATION AT 1/4 -INCH PER FOOT FOR FLEXIBLE AND 1/8 -INCH MINIMUM FOR RIGID PIPE CIVIL/GEOTECHNICAL Engineering, Inc. P.O. Box 724, Eagle, CO 81631 Tel (970) 390-0307 www.lkpengineering.com PERIMETER DRAIN 5345 100 COUNTY RD CARBONDALE 81623 PARCEL 239325100150 GARFIELD COUNTY, COLORADO PROJECT NO.: 19-3312 SCALE N.T.S. FIGURE NO.: 5