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HomeMy WebLinkAbout1.0 ApplicationNEIL W, GOLUBA GOLUBA & GOLUBA P.C. ATTORNEYS AT LAW 823 COOPER AVENUE P.O. BOX 931 GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (970) 945-9141 FAX: (970) 945-9143 January 13, 2020 Garfield County Community Development Attn: Glenn Hartmann 108 8`h Street, Suite 401 Glenwood Springs, CO 81601 Re: Robinson Minor Subdivision Dear Glenn: golubapc c@comcast.nel Via email: ghartmann@garfield-county.com As you know this firm is representing Steven and Robin Robinson in connection with subdivision of their property located on County Road 233 in Silt, Colorado. The property is currently 44 acres and the proposed Minor Subdivision would create two lots of approximately 21 and 23 acres each. There is an existing well which will serve Lot 1 and the Robinsons have obtained a new Well Permit for Lot 2. Each lot shall be served by its own engineered On -Site Wastewater Treatment System. Both Lots shall be accessed from County Road 237 via a shared private driveway located on Lot 2. Enclosed herewith is a check in the amount of $400 to cover the Application Fee for Minor Subdivision and a check payable to Colorado Geological Survey in the amount of $600. Please let me know if you have any questions or need any further information to supplement this submittal. NWG:Isc Enc. LJE�Garfield County Community Development Department 108 8`h Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com OF SUBDIVISION/EXEMPTION Minor Subdivision Major Subdivision Sketch= Preliminary=Final Conservation Subdivision Yield =Sketch =Preliminary=Final Time Extension DIVISIONS OF LAND APPLICATION FORM 0 Preliminary Plan Amendment _Final Plat Amendment Common Interest Community Subdivision []_ Public/County Road Split Exemption Rural Land Development Exemption [� Basic Correction Exemption INVOLVED PARTIES z•_ Owner/Applicant Name: Steven and Robin Robinson Phone: (970 ) 618-4305 Mailing Address: 680 Grand Avenue city: Silt E-mail: whats—her—bucket@hotmail.com nepreseniaiive tAuxnorizavon Kequirea) Name: Neil Goluba Mailing Address: P.O. BOX 931 City: Glenwood Springs E-mail: golubapc@comcast.net PROJECT NAME AND LOCATION Project Name: State: CO Zip Code: 81652 State: CO Phone: (970 ) 945-9141 Zip Code: 81602 Robinson Minor Subdivision I i Assessor's Parcel Number: 2 1 2 7- 2 5 3- 0 0- 0 6 8 Physical/Street Address: TBD County Road 237, Silt, Colorado 81652 Legal Description: See attached Special Warranty Deed Zone District: Rural - Property Size (acres): 44 acres Project Description Existing Use: Residential/Agricultural Proposed Use (From Use Table 3-403): Residential/Agricultural Description of Project: Subdivide the property into two (2) lots of twenty-one (21) and twenty-three (23) acres with snared I access and shared well. Proposed Development Area Land Use Type # of Lots # of Units Acreage Parking Single Family 2 F 44 acres Duplex Multi -Family Commercial Industrial Open Space Other Total 2 44 arres 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 ❑ 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. JC�,J Cl - c-2 -3 - �)O o� b Signature of Property Owner Date OFFICIAL USE ONLY File Number: _ __ __ _ - ___ _ _ __ Fee Paid: $ 913334 10/23/2018 04:12:32 PM Page 1 of 1 Jean Alberico, Garfield County, Colorado Rec Fee: $13.00 Doc Fee: $26.00 eRecorded SPECIAL WARRANTY DEED THIS DEED, made on October 23, 2018 between Wayne H. Pollard ofthe County of Garfield, and State of CO, grantor(s), and Steven Robinson and Robin Robinson whose legal address is: 680 Grand Avenue, Silt, CO 81652 ofthe County of Garfield, and State orco, grantee: ITNM$ that the granwr(sl. for -and in_considemlion of the sum of tendollars and other good and val'uable-cansideraWri; th�-reaetpt9rtd sufficiency of which is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, not in tenancy in common but in Witt renanev, all the real property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado described as follows: A parcel of land situated in the West'/: of the Southwest r/4 and the West %: of the Northeast % of the Southwest Yd of Section 25, Township 5 South, Range 92 West of the 6th Principal Meridian, in the County of Garfield State of Colorado, more particularly described as follows: Commencing at the West corner of said Section 25; thence North 89"27'55" East 1970.81 feet along the centerline of said Section 25; thence South 00*01126" East 518.62 feet; thence South 78053'26" East 28.24 feet; thence North 16°14'34" East 92.19 feet; thence South 00059'27" East 879.15 feet; thence South 89°19'45" West 679.28 feet; thence North 81159'33" West 37.12 feet; thence North 00147'30" West 782.18 feet; thence South 89°11'55" West 565.01 feet; thence South 00°47'45" East 369.56 feet; thence South 80048'36" West 760.75 feet; thence North 00106'53" West 1015.78 feet along the West line of Section 25 to the Point of Beginning. also known by street and number as: TBD County Road 237, Silt, CO 81652 TOGETHER with all and singular the horeditamcnts and appurtenances thereunto belonging, or in anywise appertaining. the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever ofthe grantor(s), either in law orequity, 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, their heirs and assigns forever. The grantor(s), ibr themselves, their heirs, and personal representatives, successors and assigns do covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession ofthe grantees, their heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the granlor(s). IN W ITN SS WHEREOF, the grantor(s) have ertocuted this deed on the date set forth above. 7'cL. �•�, Wayne H. l01 STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me on October 23, 2018, by Wayne FI. Pollard. WITNESS my hand and official seal LN-OTARY A CONWELL ARY PUBLIC OF COLORADO D #19934014538 My commission expires: Egon SCptt riM 27, 2021 Notary ubNe 127 Cast Sth Street Rifle, CO 91650 Commonwealth File No. 1809056-4 ANTIC Return to: Steven Robinson and Robin Robinson 680 Grand Avenue Silt, CO 81652 Garfield County INNEmp- PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") Steven and Robin Robinson agree as follows: 1. The Applicant has submitted to the County an application for the following Project: Robinson Minor Subdivision 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the 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. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant 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, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person:Steven Robinson Billing Contact Address. 680 Grand Avenue City: Silt Phone: (970 )618-4305 State: CO Zip Code: Billing Contact Email: Whats_her _bucket@hotmal1,corn Printed Name of Person Authorized to Sign: Steven Robinson f J (Signature) 81652 209 i05 0 r� (Date) 91333410/2312018 04.12:32 PM Page 1 of 1 Jean Alberico, Garfield County, Colorado Ree Fee: $13.00 Doo Fee: $26.00 eRecorded SPECIAL WARRANTY DEED THIS DEED, made on October 23, 2018 between Wayne H. Pollard of the County of Garfield, and State of CO, grantor(s), and Steven Robinson and Robin Robinson whose legal address is; 680 Grand Avenue, Silt, CO 81652 of the County of Garfield, and State of CO, grantee: WITNESS, that the grantor(s), for and in consideration of the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of whichi�Aoael>y�C]cnow;cdge<lrhyvp•granladrbaeinrd; 9eki and to;^sell; can tmd — — Canlirm unlo Ibe n gra lets, [heir heirs and assigns Forcvcr, not in Irnoncy in commas but in initrl rearrnce, all the real prapeRy, logt:lltcr wish improvements, irony, situalc, lying and being in the Cc u nty of GUACId and Stncc or Colorado dcacribcdasas follows: A parcel of land situated in the West'r/r of the Southwest % and the West''/: of the Northeast''/4 of the Southwest''/4 of Section 25, Township 5 South, Range 92 West of the 6th Principal Meridian, in the County of Garfield State of Colorado, more particularly described as follows. Commencing at the West corner of said Section 25; thence North 89027155" East 1970.81 feet along the centerline of said Section 25; thence South 00001'26" East 518.62 feet; thence South 78053'26" East 28.24 feet; thence North 16°14'34" East 92.19 feet; thence South 00159127" East 879.15 feet; thence South 89°19'45" West 679.28 feet; thence North 81059'33" West 37.12 feet; thence North 00°47'30" West 782.18 feet; thence South 89111'55" West 565.01 feet; thence South 00°47'45" East 369.56 feet; thence South 801148'36" West 760.75 feet; thence North 00106'53" West 1015.78 feet along the West line of Section 25 to the Point of Beginning. also known by street and number as: TSD County Road 237, Silt, CO 81652 TOGETHER with all and singalur the heseditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and ratnainders, cents, issues and profits thereon, Arid all the estate, right, title, interest, claim and demand whatsoever of the grantot(s), tither in law or equity, of, in and to the above bargained premises, with the heredilaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns Ibltftr. The grarttor(s). Ibr Themselves, their beirs,'and personal representatives, successors and assigns do covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the granior(s). IN W(TN SS WHEREOF, the grantor(s) have executed this deed on the date set forth above. Wayne Ii. roll STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me on October23, 2018, by Wayne FI. Pollard. WITNESS my hand and official seal DENNA CONWELL NOTARY PUBLIC STATE OF COLORADO NOTARY ID #19934014538 4: c •• _ + My commission expires: WCo,r, , r 27 2021 l Notary 0 al c 127 East 5th Street Rifle, CO 81650 Commonwealth File No. 1809056-4 ANTIC Return to: Steven Robinson and Robin Robinson 680 Grand Avenue Silt, CO 81652 GOLUBA & GOLUBA P.C. ATTORNEYS AT LAW 823 COOPER AVENUE P.O. BOX 931 GLENWOOD SPRINGS. COLGRADO 81603 TELEPHONE: (970) 945-91 4 1 FAN: (970) 9 F5-9143 NEIL N GOLUBA goluhapc!a;comcnst net Community Development Department Attn: Glenn Hartman 108 8"i Street, Suite 401 Glenwood Springs, CO 81601 Re: Authorization Letter Dear Glenn: As you know, I'm representing Steven and Robin Robinson in connection with the Robinson Minor Subdivision. The purpose of this letter is to evidence their authorization for me to submit and pursue said Application. Very truly yours, NF W l APPROVED AND AGREED: Steven Robinson Robin Robinson f ;� Garfield County Community Development Department 108 8"' Street, Suite 401 Glenwood Spiings, CO 81601 (970) 945-8212 ww►�. a�feld-cau��tv.coIn TAX PARCEL NUMBER: 2127-253-00-068 DATE: 9/23/20 PROJECT: Robinson Minor Subdivision OWNER: Steven & Robin Robinson REPRESENTATIVE: Neil Goluba PRACTICAL LOCATION: 6875 County Road 233, Silt, CO, approximately 4 miles north of the Town of Silt in Section 25, T5S, R92W. TYPE OF APPLICATION: Minor Subdivision ZONING: Rural (R) I. GENERAL PROJECT DESCRIPTION The Applicant desires to subdivide it into 2 lots, approximately 21 acres and 23 acres in size. The overall property is 44 acres. The Applicant is proposing a shared well and shared access (draft agreements were provided). Division of Water Resources policies on shared wells will be an important consideration and could affect the proposal. Contracts with a Water Conservation District may need to be considered. Preliminary plans and alignments for installation of the shared water system components will be needed. Access easements across proposed Lot 2 will be needed to provide access to Lot 1. Information on the access driveway, compliance with Section 7-107 Roadway Standards (or waiver requests) will be needed. The Applicant will need to install and complete the water system and access roadways prior to recording of the plat unless a unless a Subdivision Improvements Agreement including security is proposed. The property is located in the vicinity of several other subdivision including the Asgard Subdivision along the westerly property line. The Application should confirm whether any portion of the property is located within the Antler's Orchard Subdivision. II. COMPREHENSIVE PLAN The property is designated Residential Medium — High with a density recommendation of 2 — 6 acres/dwelling unit. �7, If: [EKMIYIEki _- •Pie�liMllt 'ne� ta-'J4 I.And UA& O'M:ALy FAAF'. El � - - ..��}'°'YI.;•u •• � ++An lire viRA�M .._� ,• � •'I F�i9Fc Ln�dxl l7 vi5 I \ FAVA L end O w I � + ■ InGuw-. tj69181n Rag H 17.S00 ogkx ito-'ituY ,• • 0 1rlCi.: Ir R.L,.,'10-AwD4 i 111111. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS The following Sections of the Garfield Land Use and Development Code are applicable to the proposed application: • Section 5-301 Minor Subdivision • Table 5-103 Common Review Procedures and Required Notice • Section 5-401 and Table 5-401 Submittal Requirements including preliminary engineering reports for Access, Sanitation, Groundwater Drainage, and any preliminary cost estimates. • Section 5-402 Description of Submittal Requirements including Final Plat • Section 4-103 Administrative Review (public notice) • Section 4-203 Description of Submittal Requirements (as applicable) • Provisions of Article 7, Articles 1, 2, 3 and 4, as applicable including site planning and subdivision standards. • Section 4-202, Submittal Waivers and Section 4-118, Waivers from Standards as applicable or needed. IV. SUBMITTAL REQUIREMENTS As a convenience outlined below is a list of additional information typically required for this type of application: General Application Materials signed copy of Application Form, payment of fees, Proof of Ownership (title work, copy of a deed), information on any lien holders, and signed payment agreement form. A narrative describing the request and related information. Names and mailing addresses of properties within 200 ft. of the subject property, including mapping from the Assessor's Office showing ownership. Mineral rights ownership for the subject property including mailing address. If owner intends to have a representative (Planner or Attorney) a letter of authorization to repres ntis neededr Copy of the Pre -application Summary needs to be submitted with the Application. Vicinity Map including areas within approximately 3 miles. Site Plan and related information (some may be shown on the proposed plat) including topography, existing improvements, infrastructure (access roads, water lines, power lines), irrigation ditches, and significant features. The site plan should include improvement location information adequate to confirm that no nonconforming conditions will result from the proposed subdivision. The Proposed Minor Subdivision Plat showing the proposed lot lines, all easements and required certificates. Water Supply Plans needs to include details on legal water (well permit and/or draft contracts with a Water Conservation Districts), well production tests, and water quality tests. Should the Applicant wish to delay drilling of new wells and address this requirement as condition of approval, waiver requests are needed. Wastewater Treatment Plan needs to address any constraints including soils and demonstrate feasibility of installing OWTS on the proposed lots. County permits for the existing system need to be provided. Information as applicable to demonstrate compliance with provisions of Article 7 (including provision of utility services, water, sanitation, access, soils, geology, topography and hazard review/mitigation). Application formatting that addresses each section of Article 7 is recommended. Details on the access roadway and compliance with Section 7-107 or a roadway waiver can be requested (see attached). Draft shared well and access road maintenance agreements if applicable Referral to the Colorado Geological Survey is also required with an additional referral fee. u Waiver requests from submittal requirements or standards need to be included in the submittals and the waiver criteria clearly addressed (Sections 4-118 and 4-202). V. REVIEW PROCESS The review process shall follow the steps contained in Table 5-103 and Section 4-103 for an Administrative Review including: • Pre -Application meeting • Submittal of Application (3 hard copies & one copy on CD) • Completeness Review • Additional Submittals if determined to be incomplete • Setting a date for the Director's Decision • Provision of additional copies of the Application for referrals • Public Notice to Property Owners within 200 ft. and mineral rights owners of the Applicant's property • Director's Decision • 10 Day Call-up Period • Finalizing the Minor Subdivision Plat and any required conditions • Circulation of the plat for Applicant & Other Signatures ward of County consent agenda item. The Application may be called up for review by the Director and the Board of County Commissioners or the Applicant and any affected Adjacent Property Owner can request a Call -Up for review by the Board in accordance with the procedures and review process contained in Section 4-112. Public Hearing(s): X Directors Decision (with public notice) Planning Commission Board of County Commissioners Board of Adjustment Referral Agencies: May include but are not limited to: Garfield County Surveyor, Garfield County Road and Bridge Department, Garfield County Consulting Engineer, Garfield County Environmental Health, Garfield County Vegetation Manager, Colorado Geological Survey, Fire Protection District, Colorado Parks and Wildlife. VI. APPLICATION REVIEW FEES Planning Review Fees: $400 Referral Agency Fees: $tbd ($600 Colo.Geological Survey - others tbd) Total Deposit: $400 (additional hours are billed at hourly rate of $40.50) VII. GENERAL APPLICATION PROCESSING The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. The summary is valid for a six-month period, after which an update should be requested. The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically) for review by the public. Proprietary information can be redacted from documents prior to submittal. Pre -application Summary Prepared by: 10/23/20 Glenn Hartmann, Principal Planner Date Garfield County Community Development Department W, Garfield Coma. Gar Wit County CERTIFICATION OF MINTKU OWNTER RESEARCH Tnis farm is to be completed andsubmitted with any application far a Land Use Change Permit Mineral interests may be severed from surface right interests in real property. C.R.S. § 2"5.5101, et seq, requires notification to mineral owners when a landowner applies for an application far development from a -- loco gavernrrwnt sudt;-theAardvwner-must-seseardv-the-cuuent- owners -oUnwneral-interests-fvr-the property - The Garfield County Land Use and Development Code of 2013 ("L.I W) Section 4-101(EMl)(bx4) requires written notice to owners of mineral interests in the subject property in accordance with C.R.S. § 2465.5-101, et seq, 'as such owners can be identified through the records in the offioe of the Clerk and Recorder or Assessor, or through other means." This farm is proof of applicant's compliance with the Colorado Revised Statutes and the LUDC. The undersigned applicant certifies [fiat mineral owners have been researched for the subject property as required pursuant to C.R.S. § 24-E&S-101, et seq, and Section 4-101(E)(1)(b)(4) of the Garfield County Lard Use and Development Code, as amended. As a result of that research, the undersigned applicant certifies the following fplecm initraf on the blank line next to the sturernent that accvrateljr reflects the result of research) -- I oven the entire mineral estate relative to the subject property; or 1 Minerals are carrel by the parties listed below The names and addresses of anyand all mineral owners identified are provided below (attach additional pages as necessary): Name of NGneral Owner Glenwood Partnership LLL Address of Mnerail Owner enter Drive ood Springs, acknowledge 1 renievred C.R.S. § 24-65.5-101, et seq, and I am in compliance with said statue and the LUDG Mini . rGoluba, Attorney Date WATER SUPPLY PLAN LOT 1_ Lot 1 shall be served by the existing well located thereon, Well Permit No. 316448. A copy of the Well Permit and Well Construction and Test Report are attached. LOT 2 - A new well shall be drilled and located on Lot 2 under Well Permit No. 85019-F. A copy of the Well Permit and Contract with West Divide Water Conservancy District are attached. WAIVER REQUEST - In order to avoid premature costs and delay, Applicant wishes to postpone obtaining a water quality test for the existing well serving Lot 1 and drilling and testing of the new Well for Lot 2 and requests these requirements be conditions of approval. Accordingly, Applicant hereby requests a waiver of the submittal requirements of Section 4-203M for the Water Supply Plan. Providing for such requirements as a condition of approval does not remove or alter the standard. It merely delays compliance until Applicant's risk of incurring unnecessary costs has been minimized. Furthermore, waiting until the new well can be drilled and testing results can be obtained would unnecessarily delay the Application. Accordingly, the requested waiver complies with that review criteria contained in Section 4-202C. C O R O R A D Q WELL PEftfiilT 1MAKIt 1164149- Division of wafter Resources Depvtrrwnt of Na"al rr rc R EIp'T N ER 9 tl4iZ1 �;7 --- @. ,k; s PERf4lIT TO USE AN EXKnMG WELL Water District: 39 Water 13WI= 5 Designated Basins WA Managernert District WA coin; CARiFtELD Parcel tame. WA Pt+sical Aftesso TBID COUNTY ROAD 237 SILT. CO 81652 !W 1/4 SW 1/4 Sedan 25 Township 5.0 S Rave 92.0W Sixih P.M. Art COMMATES OW*m. Zone,13HAD831 Ea3ting: 27d M6.ii Northing: 4385141.0 0 :ice a z. 1) Thfa well sMll be used in such a way as to Muse no mater%L loury to existing rater rights. The issuance of lhfs permit does not ensure that no injury will occur to anaiher vested vater rat or preclude another owner of a vested water right from seeking retW in a dvlL court action. 2) The construction of this well sha u be in compliance wi th the Water Well Construction Rules 2 CCR 413¢ 2, untess approval of a variance has been granted by the State Board of Examiners of Water Well Comtrttction and Pu np hatallaUm %xttractors in ,accordance with Buie 1 & 3) Approved pursuant to CR5 377-92.6ift(3)lb)f1Q(A) as the only well an a tract of Land of 44AO acres descanted as that pordon of the NW 114 of the SW Ihk Sec. 25, Tv4p. 5 S, ft 92 W, 5 P.iit., Carfidd County, raitare particuiartir deer an Etr4bft A in the well permit file. 4) Approved for the installafiori of a pump In, and the use of, an existing well, constructed an October 12, 20M, to a depth 410 feet, under permit no. 259417 (canceled), lssuaice of this peftn t hereby caaceis permit nc. 259417, 5) TM use of ground water from this well is Limited to fire protection, ordinary household purpms tmWe not more than three f 3) single family dwell, the watering of poultry, domestic animals and livestock on a farm or ranch and the in-igation of not more than one j1D we of httr gardemand Iaysw aj The pumping rate of this v ell Hail mot exceed 15 GPM, 7) The return flow from Me use of this vma ritust be thresh an indfardusl waste water dpp" "Stem of thenon-evaporathm type suited' thle water Is retunYted to the same stream system in vvhwh the well 6 located. 8) This well shall be located not more than 2M fed f ram the location specified on this permit, NOTE: Parok IdwMikation Number (Pei): 21-2127.253-OD NOTE: Asseaor Tax Sdwdt" fir; AM193 y r , Daft Iswedt 1131i2120 issued By DWWAiT WHTEHEAD Exoradon Date: NIA iced o1-31.2no Far this Wmit caft 3MA661%1 ru gat err wwW.wataraiateAD.Us For 1 of i WELL CONSTRUCTION AND TEST REPORT 170fkOFFICLUSE ONLY STATE OF COLORADO, OFFICE OF THE STATE ENGINEER 1 WELL PERMIT NUMBER 259417 2 Owner Name(s): A & E Diemoz LLLP KIN 15 24 Mailing Address: 214 Center Drive ,. City, State, Zip: Glenwood Springs. Co 81601 COLO Phone # : 970-945-6712 APPROVAL # GWS31-91-03 3 WELL LOCATION AS DRILLED NW 1/4 SW 1/4 Sec: 25 Twp: 5 S Range: 92 W DISTANCES FROM SEC. LINES 2446 it. from South Sec. line and 84 ft. from West Sec. line OR Northing: Easting: SUBDIVISION: LOT: BL.00:K: FILING (UNIT): STREET ADDRESS AT LOCATION 4. GROUND SURFACE ELEVATION ft. DRILLING METHOD Air Rotary DATE COMPLETED: I0/12/2004 TOTAL DEPTH: 410 DEPTH COMPLETION: 410 5. GEOLOGIC LOG 6. HOLE DIAMETER (in) FROM (0) TO (ft) Depth Type of Material Size, Color, and Type) 9.0 0 60 000-032 Dirt, Cobbles 6.5 60 410 032-410 Wasatch Form ation 7. PLAIN CASING OD (in) Kind Wall size From (ft) To (ft) 7.0 Steel 0.240 -I 60 5-5 PVC 0.250 50 260 5.5 PVC 0.250 280 1 400 PERF. CASING : Screen Slot Size 5.5 PVC 0.250 260 280 8. Filter Pack 9. Packer Placement Water Located: 265 Material Type Size : Depth Remarks Interval 10. GROUTING RECORD Material Amount Density Interval Placement Cement 5 sks 6 gaUsk 10-40 poured 11. DISINFECTION Type HTH Amt. Used: 13 oz. 12. WELL TEST DATA : () Check Box If Test Data Is Submitted On Supplemental TESTING METHOD: Air Compressor Static Level: 70 ft. Date/Time Measured 10/12/2004 Production Rate 5 gpm Pumping Level : Total ft. Date/Time Measured 10/12/2004 Test Length : 2 hours Test Remarks: 13 1 hac¢ read the statements Qllde hCretn EMd know the contents thereog and tllat they are true to my knowitclp- (Pursuant 19 Section 24A- I (13)(a) CRS. the making of false statements eowlitules in the scvmd dog" is perjury grid punishable as a class I misdemeanor.) CONTRACTOR : Shelton Drilling Corp. Phone: (970) 927-4182 Mailing Address : P.O. Box 1059 Basalt, Co. A21 Lic. No. 1095 Name / Title (Please Type or Print) Signatur Date Wayne Shelton /President 10/16/2004 OR I C-1 NN COLORADO Division of Water Resources Department of Natural Resourr_es ORIGINAL PERMIT APPLICANTS) ROBIN ROBINSON STEVEN ROBINSON PERMIT TO CONSTRUCT A NEW WELL WELL PERMIT NUMBER 85019-F RECEIPT NUMBER 10007914 APPROVED WELL LOCATION Water Division: 5 Water District: 39 Designated Basin: NIA Management District NIA County: GARFIELD Parcel Name: NIA Address: 6875 COUNTY ROAD 233 SILT, CO 81652 NE 114 SW 1/4 Section 25 Township 5.0 S Range 92.0 W Sixth P.M. UTM COORDINATES (Meters, Zone:13, NAD83) Easting: 270770.0 Northing: 4384%8.0 ISSUANCE OFTHIS 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 West Divide Water Conservancy District Augmentation Plan approved by the Division 5 Water Court in case no. 02CW0123. 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. WDWCD contract #S201119SRR(a). 4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside one (1) single family dwelling, an accessary dwelling unit, the irrigation of not more than 15,000 square feet of home gardens and lawns, and the watering of ten (10) non-commercial domestic animals. 5) The pumping rate of this well shall not exceed 15 GPM. 6) The annual withdrawal of ground water from this well shall not exceed 1.88 acre-foot. 7) The return 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 returned to the same stream system in which the well is located. 8) The owner shall mark the well in a conspicuous location 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) This well shall be located not more than 200 feet from the location specified on this permit. 10) 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 upon request. 11) ADVANCE NOTICE REQUIRED - Pursuant to Construction Rule 6.2.2.1 (2 CCR 402.2), licensed or private drillers and pump installers must provide advance notification (by 11:59 pm the day before) to the State Engineer prior to each of the following for this well• the start of well construction, the initial installation of the first permanent pump, and the initial installation of a cistern connected to the water well supply system. Any change in the date of construction/installation must be re -noticed prior to the activity (by 11:59 pm the day before). Information regarding the notification process and a link to the electronic notification form can be found on the Division of Water Resources website at dwr.colorado.gov NOTE: This permit will expire on the expiration date unless the well is constructed and a pump is installed by that date. A Well Construction and Yield Estimate Report (GWS-31) and Pump Installation and Production Equipment Test Report (GWS-32) must be submitted to the Division of Water Resources to verify the well has been constructed and the pump has been installed. A one-time extension of the expiration date may be available. Contact the DWR for additional information or refer to the extension request form (GWS-64) available at: dwr.colorado.gov Printed 01.06-2021 For questions about this permit call 303.866.3581 or go to www.water.state.co.us Page 1 of 2 WELL PERMIT NUMBER 85019-F RECEIPT NUMBER 10007914 NOTICE: This permit has been approved subject to the following changes: The quarter/quarter and the range direction were determined from UrM coordinate values provided with the permit application. The amount of lawn and garden irrigation and the annual acre-feet allowed were determined from the West Divide Water Conservancy District Contract AS2011145RR(a). You are hereby notified that you have the right to appeal the issuance of this permit, by filing a written request with this office within sixty (60) days of the date of issuance, pursuant to the State Administrative Procedures Act. (See Section 24-4-104 through 106, C.R.S.) NOTE: This well is to be located on a residential site of 44.28 acre(s) described as 6875 County Road 233 Silt, CO 81652, Garfield County. NOTE: Parcel Identification Number (PIN): 212725300068 Issued By GEOFFREY DAVIS Date Issued: 1/5/2071 Expiration Date: 115/2022 Printed 01-06-2021 For questions about this permit ca[l 303.866.35BI or go to www.water.state.co.us Page 2 of 2 CONTRACT #: S201119SRR(i MAP ID #: SIC DATE ACTIVATED: 11/19/2 WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT I t Name ofApplicant; Quantity of Water in Acrc-F-eet: Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of C.R.S. 1973, Section 37-45-101, et seg.• (hereinafter referred to as the "District") for an allotment contract to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this Contract and the attached Application, Applicant hereby agrees to the following terms and conditions: Water Rights: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water, which will be supplemented and augmented by water leased herein. If Applicant intends to divert through a well, it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources. Quantity: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in acre feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow, storage or otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal availability ofwater from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the, terms and conditions of this Contract. The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at anytime the Applicant determines it requires less water than the amount herein provided, Applicant may so notify the District in writing, and the amount of water allotted under this Contract shall be reduced permanently in accordance with such notice. Rates shall be adjustcd accordingly in following water ycars only. Beneficial Use and Location of Beneficial Use: Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses: industrial, municipal, domestic and related uses, or commercial (except for commercial use from Alsbury Reservoir and except to the extent that Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract No. 2-07-70-WO547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's control. 4. Decrees and Delivery Exchange releases made by the District out ofstoragc from Ruedi Reservoir, Green Mountain Reservoir, Alsbury Reservoir, orotherworks or facilities of the District, or from othersources available to the District, shall be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources, and release or delivery of water at such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir or Green Mountain ReservoirshalI be subject to the District's lease contracts with the United States Bureau of Reclamation. Releases from other facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the Future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (October 1), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado Division of Water Resources to estimate any conveyance asses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case. Water service provided by the District for properties located within the Bluestone and Silt Water Conservancy Districts is provided pursuant to Agreements with said Districts. The Intergovernmental Agreement between the District and the Silt Water Conservancy District, dated January 25, 2001, is recorded as Reception No. 575691, Garfield County Clerk and Recorders Office, The intergovernmental Memorandum ofUndcrstanding between the District and the Bluestone Water Conservancy District, dated April 26, 2001, is recorded as Reception No. 584840, Garfield County Clerk and Recorder's Office. Pursuant to Federal Law, the cultivation of marijuana is illegal. The U.S. Bureau of Reclamation has declared it unlawful to use Federal water facilities for the irrigation of marijuana or in furtherance of the cultivation of marijuana. The West Divide Water Conservancy District provides augmentation water to contractees from Ruedi Reservoir and Green Mountain Reservoir, both of which are Federal water facilities managed by the Bureau of Reclamation. Therefore, the West Divide Water Conservancy District will not contract to provide augmentation water from Ruedi Reservoir or Green Mountain Reservoir for the irrigation of marijuana or in furtherance of the cultivation of marijuana. Any such contracts shall be deemed null and void. The West Divide Water Conservancy District owns or possesses delivery contracts for other non -Federal water sources from which the District is able to provide augmentation water for the irrigation of marijuana or in furtherance of the cultivation of marijuana. Should any contractee obtain a water allotment contract from the West Divide Water Conservancy District for the augmentation or irrigation of marijuana or in furtherance of the cultivation of marijuana, any and all such water shall be deemed to come from the non -Federal sources referenced above. 5. Alternate Point of Diversion and Plan of Auizmentatiom Decrees for alternate points of diversion of the District's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant. The District reserves the right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated herein, and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted under this Contract. in the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the 2 Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the waterallotted hereunder, Applicant shall not be obligated to pay any amount under Paragraph 19 below. In any event, the Districtshall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof. 6. Contract Payment: Non-refundable, one time administrative charge, in the amount determined by the Board of Directors of the District from time to time, shall be submitted with the application for consideration by the District. Annual payment for the water service described herein shall be determined by the Board of Directors of the District. The initial annual payment shall be made in full, within thirty (30) days after the dare of notice to the Applicant that the initial payment is due. Said notice �rilkadvise the:Applicannr,=at 5hg icr irtgs; of sits watei 3vsry year tvw�t r t6c tial�ayttsettrshai�agpiyxnctth p&evhkh is appluable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. If an annual payment is not made by the due date a Flat $50 late fee will be assessed. Final written notice prior to cancellation will be sent certified mail, return receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set forth in this Contract or Application. Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. If payment is not made within fifteen (15) days after the date of said written notice, Applicant shall at District's sole option have no further right, title or interest under this Contract without further notice, and delivery may be immediately curtailed. The allotment of water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District. Upon cancellation of this water allotment Contract with the District, the District shall notify the Division of Water Resources offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of all water use. 7. Additional Fees and Costs: Applicant agrees to defray any expenses incurred by the District in connection with tl�ie allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8. Assignment: This Contract shall not inure to the benefit of the heirs, successors or assigns of Applicant, without the prior written consent of the District's Board of Directors. Any assignment of Applicant's rights under this Contract shall be subject to, and must comply with, such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment Contracts. No assignment shall be recognized by the District except upon completion and filing of proper forms for assignment and change of ownership. In the event the water allotted pursuant to this Contract is to be used for the benefit of land which is now or will subsequently he subdivided or held in separate ownership, the Applicant may only assign the Applicant's rights hereunder to: 1) No more than three separate owners all of whom shall be party to a well sharing agreement satisfactory to the District; or 2) A homeowners association, water district, water and sanitation district or other special district properly organized and existing under the laws of the State of Colorado, and then, only if such parties, association or special district establishes to the satisfaction of the District that it has the ability and authority to perform the Applicant's obligations under this Contract, In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this Cop. tract have any rights hereunder, except as such rights may exist pursuant to a well sharing agreement or through a homeowners association or special district as provided above. Upon the sale of the real property to which this Contract pertains, Applicant shall make buyer aware of this Contract and proper forms for assignment and change of ownership must be completed. 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law - to. Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement" with the District under terms and conditions determined by the board of Directors of the District, if and when, the Board of said District determines in its -- SGIF issr tr agreemenFtsrequ - -tom provisioner addi.iona annual monetary consideration for extension of District delivery services and for additional administration, operation, and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant. I I. Change of Use; The District reserves the exclusive right to review, re -approve or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 12. Use and Place of Use: Applicant agrees to use the water in the mariner and on the property described in the documents submitted to the District at the time this Contract is executed, or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, shall be deemed to be a material breach of this agreement. 13. Title: it is understood and agreed that nothing herein shall be interpreted to give the Applicant an5requitable or legal fee title interest in or to any water or water rights referred to herein. 14, Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water rights heroin, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict actual diversions to not exceed the contract amount for ordinary household purposes, the watering of domestic livestock, fire protection, and the irrigation of lawn and garden as specified in the Application. Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Watering of livestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless Applicant obtains approval from the Colorado Division of Water Resources for commercial useflivestock watering, provided that in no event shall actual diversions exceed the amount of water provided by this Contract. Violation of this paragraph 15 shall be deemed to be a material breach of this Contract. 16. Well Permit: if Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well permit before District is obligated to deliver any water hereunder. 17. Measuring Device or Meter: Applicant agrees to provide, at its own expense, a measuring device deemed acceptable bytheDistrict's Engineer after consultation, or a totalizing flow meter with remote readout to continuously and accurately measure at all times all water diverted pursuant to the terms of Applicant's water right and the terms of this Contract. Applicant agrees to provide accurate readings from such device or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result in legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. By signing this Contract, Applicant hereby specifically allows District, through its authorized agent, to enter upon Applicant's property during ordinary business hours for the purposes of determining Applicant's actual use of water. Is. Representations: By executing this Contract, Applicant agrees that it is not relying on any legal or engineering advice that Applicant may believe has been received from the District. Applicant further acknowledges that it has obtained all necessary legal and engineering advice from Applicant's own sources other than the District. Applicant further acknowledges that the District makes no guarantees, warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this Contract. Should the District be unable to provide the water contracted for herein, no damages maybe assessed against the District, nor may Applicant obtain a refund from the District. 19. Costs of Water Court Filing and Auramentation Plan: Should the District, in its own discretion, choose to include Applicant's Contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceedings. Applicant shall be assessed a pro-rata share of the total cost incurred by the District in preparing, filing and pursuing to decree the i water court case. The pro-rata share shall be calculated by dividing such total cost by the number of contractees included in the filing. To the extent that the District is caused additional costs because of objection filed specifically due to the inclusion of Applicant's Contract in the filing, such additional costs may be charged specifically to Applicant and not shared on a pro -rats basis by all contractee_s. 20. Binding Agreement This agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application to Lease Water From West Divide Water Conservancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement All correspondence from the District to Applicant referring to or relating to this agreement is by this reference incorporated into this agreement as further terms and conditions of this agreement. 21. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT N ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. 22. AREA B. CONTRACTS; IF APPLICANTS WELL OR OTHER WATER RIGHT THAT IS THE SUBJECT OF THIS CONTRACT IS LOCATED OUTSIDE "AREA A" AS DESIGNATED BY THE DISTRICT, THEN THIS PARAGRAPH APPLIES: THE AUGMENTATION WATER PROVIDED BY THE DISTRICT UNDER THIS CONTRACT MAY ONLY PROTECT APPLICANT'S WATER RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER W SENIORRIGITF. NO REPRESENTATIONOTliERWISEISM ADL-:BYTHL'DISTRICT. fFTI[[SIS.ACONCERN TOAPPLICANT.TI[is CONTRACT MAN' BE RESCINDED UPON WRITTEN NOTICE DELIVERED TO THL•' DfSTRICT BY TFIF APPLICAitiT WITIIfN THE NEXT 30 DAYS FOLLOWING THE AFFIXING OF SIGNATURES ON TH[S CONIRACf IN WIIICI I EVENT ALL SLUMS PAID BY APPLICANT FUR THIS C'ON IUCT SHALL BEIMMEDIATELY REFUNDEDTO APPLICANT. Applicant Applicanl STATE OF_�0)04�0 1 1 ) ss. U CONTY OF IAd y The foregoing instrument was acknowledged hefore me on this ! day of OdOL411- 20Zc)_ �111' E-v 5 it .Witness myhand and officialseal. My'commissionexpires: 5T�pt Notary Puhlic STATE OF 1 ss, COUNTY OF The foregoing instrument was acknowledged before me or. this Witness my hand and official TAMARA SUE KEENAN NOTARY PUBLIC day of STATE OF COLORADG eal. NIyootrNQTA tXplQs?0164014306 MY COMMISSION EXPIRES MAY 05, 2024 Notary Public ORDER Aftcra hearing by the Board of Directors of the \+lest Divide Water Conservancy District on the ,Application, it is herehy ORDERED that said Application be granted and this Contract shall be and is accepted by the District. WEST DiVIDF. WATER COOSER 1N ' D[S CT By President ATTEST: Secrrtary Dale This Contract includes and is subject to the tcnns and conditions of the following documents which must accompany this Contract: I. Map showing location of point of diversion (use map provided) 2. Application and Data Form fully completed and signed The printed portions of this form, except dirferenliatedadditions or deletions. have heen approved and adapted by the %N'est Divide water Conservancy District. Form: M'DWC'D 014)14)8 CONTRACT_ N by by WASTEWATER TREATMENT PLAN Both Lots shall be served by separate engineered On -Site Wastewater Treatment Systems_ The owners of the Lots shall obtain all necessary pennits from the County prior to installation of the engineered On -Site Wastewater Treatment Systems and such systems shall comply with all County and State regulations and requirements. C�•:.:-r C.7x:#� [rig-�_r �... c;�'9 2 GCt4B'T hl.b.Or oLOT A U7 7 U) O � 7 � w = f6 O N -0 d U m c 0 z 5 m X ti a � v U Ln w Z � 7 c o 0 .o N 7 in z C Z U I1.£ Ab oLOi Q 0 Z ,LU V LLJ J a 0 0 N CL E 0 U l0 L O N N O U � mCL qm O Cn N a N a C N Q E. N O C •� 'a))U O _ON M O l0 E ll'I w N N U fn O E U N N -0 O N N N Z M c l0 N N N 2 i —00 «, w "" N N Ci O N 9 Z d M. N U E N ;a o_ c d U W aai a) m M O N Q o v L � o y 0 E L N Q L= a N m S pp N m y ai6i m �w o a) Y 3 O a o v ma nE c 3 o a>iac�o c o a� U w o EansN m U.,0. o y on a O v m a m m` n 6) � n'v O a N ¢ '(/1 a L N a iO �° a n N t c o L 6) Z O E Q Q¢ U 0 N , O O N O f!1 Z T N N f0 L f6 N O) l0 N O1 ra O m m E O OI N C O c 0 O U w 3 Q m En y O1 L C O_ l0 6) �E _�v C 01 E�m�� U .O �� a��� C oo m ons�E N 7 O p 61 U- D O N N A U N U C i 0 0 > Q Z O Q 7 U >. O_O (3 0 O l9 N O L C � O r 0) .Q N UU1l N M O1.4? 61 N y6 N V O N N f17 m U) — N z E _ O .O. N O c N E N _N 6) d E p p u) U M N= U O_'a Q OJ L w O O v 7 (n (n O Cn l0 N 0 L O L N O N N r 16 O C c _0 c mN N m 0 m N o 2 O N Q Q U) J coE 0 0 a - C� 0 OJ w N N N � O 65 u cn CO > O n 0) O Of 2 a m c tt LW �y Q LL y rIin}t 0 `/ `/ p F m O C O >1 C o Q _ O O a d O o O O m 2 po Cl) pp coO 2Q > _ o o o o �% m o ` > �' c v w c� v OQ 0 d � a a a > ovO Y 0 a a in c m m ci 0 cD O J J � � � d Of co co fn Cl) in U) a c a � U) a❑� So if Map —Rifle Area, Colorado, Parts of Garfield and Mesa Counties Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 129 Heldt clay loam, 3 to 6 percent 47.1 73,5% slopes 41 Klm Loam, 6 to 12 percent 17,0 , 26.5% slopes _ _ Totals for Area of Interest _ ' .64.0 100.0% 1 Uspq Natural Resources �T Conservation Service Web Soil Survey National Cooperative Soil Survey 117Q021 Page 3 of 3 COLORADO GEOLOGICAL SURVEY SUBMITTAL FORM FOR LAND -USE REVIEWS County GARFIELD Project Name ROBINSON MONOR SUBDIVISION Name Date APPLICANT (or Applicant's Authorized Representative responsible for paying CGS -review fee) Address 680 GRAND AVENUE, SILT, CO 81652 Ph. No. 970-618-4305 Fax N FEE SCHEDULE (effective June 1, 2009) Reviews for Counties 1 ' ' ' /4.12,ori4/4 SW1/4 Section(S) 25 ToNvnship 5 S Range 92 W Dec Lat Dec I.nng Small Subdivision (> 3 dwellings and < 100 acres) ...................... . ................ $950 Large Subdivision (> 100 acres and < 500 acres) ....................................... $1,550 Very Large Subdivision (500 acres or more) ............................................... $2,500 Very small residential subdivisions (1-3 dwellings and < 100 acres) ...................$600 Reviews for Municipalities.........................................At hourly rate of reviewer Special Reviews .................... . . ..... ...........................At hourly rate of reviewer School Site Reviews.........................................................$855 CGS LAND USE REVIEWS Geological studies are required by Colorado counties for all subdivisions of unincorpo- rated land into parcels of less than 35 acres, under State statute C.R.S. 30-28-136 (1) (i) (Senate Bill 35, 1972). Some Colorado municipalities require geological studies for sub- division of incorporated land. In addition, local governments are empowered to regu- late development activities in hazardous or minerakresource areas under C.R.S. 24-65.1- 101 et seq. (House Bill 1041,1974) and C.R.S. 34-1-301 et seq. (House Bill 1529, 1973), respectively. Local -government agencies submit proposed subdivision applications and supporting technical reports to the Colorado Geological Survey "...for evaluation of those geologic factors which would have significant impact on the proposed use of the land," in accor- dance with State statutes. The CGS reviews the submitted documents and serves as a technical advisor to local -government planning agencies during the planning process. Since 1984, the CGS has been required by law to recover the full direct cost of perform- ing such reviews. The adequate knowledge of a site's geology is essential for any development project. It is needed at the start of the project in order to plan, design, and construct a safe devel- opment. Proper planning for geological conditions can help developers and future owners/ users reduce unnecessani maintenance and/or repair costs. Colorado Geological Sovey • 1500 Illinois Street, Golden, CO 80401 • Ph 303-384-2655 - Email: CGS_LUR@mines edu - ColoradoGoologicalSuwey org created 3116i98, revised 11 Q112013 ACCESS PLAN Both Lots shall be accessed off County Road 237 via a shared private driveway located on Lot 2. The Plat creates a 40' wide Access Easement across Lot 2 for the benefit of Lot 1. A roadway approximately 15' in width and consisting of 6"of compacted, ground asphalt over geotextile membrane, has been constructed within said Easement. The property is relatively flat and the existing roadway currently complies with the standards for a Driveway under Section 7-107. The width of the 40'-Easement is -sufficient to comply with the minimum right-of-way width for a Semi -Primitive -- Roadway in the event future improvements to the Driveway are required. A copy of the existing Garfield County Driveway Permit is attached hereto. Also attached is a Road Maintenance Declaration for the shared driveway. — ---- Garfield Count Application for driveway Permit '�erson-Obtainin� Permit: Sieve7rnd Rabin obi rmit :i uum6er: FiR 9�- Application Date: 111012019 Termination Date: 411012019 County Road Number: 237 District. Rifle Inspector: Dale Stephens hereby requests permission and authority from the Board of County Commissioners to construct a driveway approach (es) on the right-of-way off of County Road, 237, .14 Mile to the Rest West of 250, located on the North side of road for the purpose of obtaining access to property. Applicant submits herewith for the consideration and approval of the Board of County Commissioners, a sketch of the proposed installation showing all the necessary specification detail including: 1. Frontage of lot along road. 2. Distance from centerline of road to property line. 3. Number of driveways requested 4. Width of proposed driveways and angle of approach. 5. Distance from driveway to road intersection, if any. 6. Size and shape of area separating driveways if more than one approach. 7. Setback distance of building(s) and other structure improvements. 8. No unloading of equipment on county road, any damage caused to county road will be repaired at subdivision expense. 9. Responsible for two years from the date of completion_ General Provisions 1) The applicant represents all parties in interest, and affirms that the driveway approach (es) is to be constructed by him for the bona fide purpose of securing access to his property and not for the purpose of doing business or servicing vehicles on the road right of way. 2) The applicant shall furnish all labor and materials, perform all work, and pay all costs in connection with the construction of the driveway(s). All work shall be completed within ninety (90) days of the permit date. 3) The type of construction shall be as designated and/or approved by the Board of County Commissioners or their representative and all materials used shall be of satisfactory quality and subject to inspection and approval of the Board of County Commissioners or their representative. 4) The traveling public shall be protected during the installation with proper warning signs and signals and the Board of County Commissioners and their duly appointed agents and employee shall be held harmless against any action for personal injury- or property damage sustained by any reason of the exercise of the Permit. 5) The Applicant shall assume responsibility for the removal or clearance of snow, ice, or sleet upon any portion of the driveway approach (es) even though deposited on the driveway(s) in the course of the County snow removal operations. 6) In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the entrance shall be surely braced before the fence is cut to prevent any slacking of the remaining fence and all posts and wire removed shall be turned over to the District Road Supervisor of the Board of County Commissioners. Sped Wications 1. A driveway approach is understood to be that portion of the county road right -of way between the pavement edge and the property line that is designed and used for the interchange of traffic between the roadway and abutting property. 2. At any intersection, a driveway shall be restricted for a sufficient distance from the intersection to preserve the normal and sae movement o tra ic. is recommended or rura reside -nee entrances that a minimum intersection clearance of -50 f_et be provided and for rural commercial entrances a minimum of 100 feet be provided.) 3. All entrances and exits shall be so located and constructed that vehicles approaching or using them will be able to obtain adequate sight distance in both directions along the county road ;n order to maneuver safely and without interfering with county road traffic. 4. The Applicant shall not be permitted to erect any sign or display material, either fixed or movable, on or extending over any portion of the county road right-of-way: 5. Generally, no more than one approach shall be allowed any parcel or property the frontage of which is less than one hundred (100) feet. Additional entrances or exits for parcels having a frontage in excess of one hundred 100) feet shall be permitted only after showing of actual convenience and necessity. 6. All driveways shall be so located that the flared portion adjacent to the traveled way will not encroach upon adjoining property. 7. No commercial driveway shall have a width greater than thirty (30) feet measured at right angles to the centerline of the driveway except as increased by permissible radii. No noncommercial driveway shall have a width greater than twenty (20) feet measured at right angles to the centerline of the driveway, except as increased by permissible radii. 8. The axis of an approach to the road may be at a right angle to the centerline of the county road and of any angle between ninety (90) degrees and sixty (60) degrees but shall not be less than sixty (60) degrees. Adjustment will be made according to the type of traffic to be served and other physical conditions. 9. The construction of parking or servicing areas on the county road right-of-way is specifically prohibited. Commercial establishments for customer vehicles should provide off -the -road parking facilities. 10. The grade of entrance and exit shall slope downward and away from the road surface at the same rate as the normal shoulder slope and for a distance equal to the width of the shoulder but in no case less than twenty (20) feet from the pavement edge. Approach grades are restricted to not more than ten percent (10%). 11. All driveways and approaches shall be so constructed that they shall not interfere with the drainage system of the street or county road. The Applicant will be required to provide, at his own expense, drainage structures at entrances and exits, which will become an integral part of the existing drainage system. The Board of County Commissioners or their representative, prior to installation, must approve the dimensions and types of all drainage structures. Note: This permit shall be made available at the site where and when work is being done. A work sketch or drawing of the proposed driveway(s) must accompany application. No permit willl be issued without drawing, blueprint, or sketch. 7) No revisions or additions shall be made to the driveway(s) or its appurtenances on the right-of-way without Written permission of the Board of County Commissioners. 8) Provisions and specifications outlined herein shall apply on all roads under the jurisdiction of the Board of County Commissioners of Garfield County, Colorado, and the Specifications, set forth on the attached hereof and incorporated herein as conditions hereof. 9) Final inspection of driveway will be required upon completion and must be approved by person issuing permit or representative of person issuing permit. The inspection and sign off must be done prior to any CO from the Building and Planning Department being issued. SOMIal Ons• 1. Driveway Width- 30ft 2. Culvert required? True Size: 15 inch by Additional 10' 3. Asphalt or concrete pad required? True Size of pad: 30ft Wide x 10ft long x 4in thick 4. Gravel portion required? True Length: 40ft 5. Trees, brush and/or fence need to be removed for visibility? False 6. Distance and Direction:N/A 7. Certified Traffic Control Required? False 8. Work zone signs required? True In signing this application and upon receiving authorization and permission to install the driveway approach (es) described herein the Applicant signifies that he has read, understands and accepts the foregoing provisions and conditions and agrees to construct the driveway(s) in accordance with the accompanying specification plan reviewed and approved Signed Address: �• t7 F16,5 Z Telephone Number` 10 (a 1 S — V ? 07 Permit granted 1/10/2019, subject to the provisions, specifications and conditions stipulated herein. For Board of County Commissioners' of Garfield County, Colorado: Representative of Garfield County Road and Bridge Signature Garfield County Road and Bridge Department 0298 CR 333A Phone-(970)625-8601 Fax- (970)625-8627 Invoice Driveway Permit Number: GRB19-D-1 Invoice Date: lAO12019 Bill To: Steve and Robin Robinson 680 Grand Ave Silt , CO 81652 $75.00 per Driveway Permit. Driveway Permit Fee: $75.00 Total Due: $75.00 Thank You! ROAD MAINTENANCE DECLARATION KNOW ALL MEN BY THESE PRESENTS that the undersigned hereby declare and adopt the following Road Maintenance Declaration which shall run with the property hereinafter described and shall be binding upon all parties now owning or hereafter acquiring any interest therein or thereto. RECITALS A. Steven Robinson and Robin Robinson ("Declarants) are the owners of Lots 1 and 2, )n Minor Subdi-vision (the "Lots'-J aoGording to the plat thereof recorded as Reception —No, of the Garfield County, Colorado records (the "Plat'). B. The Plat establishes a 40' Access Easement across Lot 2 for the construction, use, maintenance and repair of a shared access road serving the Lots ("Shared Access Road"). C. Declarants are desirous of establishing a Road Maintenance Declaration setting forth the manner in which the Shared Access Road shall be shared and maintained for the benefit of the Lots. DECLARATION NOW, THEREFORE, Declarants hereby declare, create and establish the following Road Maintenance Declaration with respect to the Shared Access Road: 1. Shared Access Road. The Shared Access Road located within the 40' Access Easement created by the Plat shall be for the use and benefit of the Lots for ingress, egress, access and roadway purposes. 2. Road Maintenance Standards. The Shared Access Road shall be maintained to a minimum standard that will accommodate convenient travel over a reasonably smooth surface by an ordinary two -wheel drive passenger automobile. 3. Sharing of Costs. The costs to improve, maintain or repair any portion ofthe Shared Access Road serving both Lots shall be shared equally among the owners of such Lots. All costs to improve, maintain and repair any portion of the Shared Access Road serving only one Lot shall be the exclusive obligation of the owner of the Lot served thereby. No owner shall be responsible to share in the costs to improve, maintain or repair any portion of the Shared Access Road which extends beyond such owner's private driveway and does not otherwise serve such owner's Lot. 4. Maintenance and Repairs. The owners ofthe Lots shall cooperate and consult with each other prior to any expenditures for the improvement, maintenance or repair of the Shared Access Road. Notwithstanding the foregoing, each owner shall have the right to make such improvements and repairs and perform such maintenance as may be required to achieve and maintain the minimum standard described in Paragraph 2. above. Any improvement to the Shared Access Road over said minimum standard (i.e. concrete, pavement, etc.), shall require the unanimous agreement of the owners of the Lots. 5, Owner Responsibility. Notwithstanding anything herein contained to the contrary, any maintenance or repair of the Shared Access Road required as a result of the willful or negligent act of an owner of a Lot or such owner's guests, invitees, contractors or agents shall be the sole responsibility and obligation of such owner. 6. Enforcement. The failure of any owner of a Lot to pay his or her share of the maintenance, repair or improvement costs or otherwise comply with the provisions ofthis Declaration shall give rise to a cause of action in favor of the other owner aggrieved thereby for the recovery of - damages, -costs of -action and attorney's fees. The failure of an aggrieved owner to -enforce any such rights of collection or enforce the maintenance standards shall, in no event, be deemed a waiver of the right to do so in the future. T Amendments. This Declaration may be amended only upon the agreement of all the owners of the Lots, signed and acknowledged in the manner of a Deed and recorded in the records of the Clerk and Recorder of Garfield County, Colorado. 8. Attorney's Fees. In the event legal action is taken to enforce the terms of this Declaration, the prevailing party shall be entitled to recover from the other reasonable attorney's fees and costs. 9. Recording and Binding Effect. This Declaration shall be recorded in the records of Garfield County, Colorado and shall run with the Lots and shall be binding upon and inure to the benefit of the owners of said Lots and their respective successors and assigns. IN WITNESS WHEREOF, this Road Maintenance Declaration is executed this day of . , 2020. DECLARANTS: Steven Robinson Robin Robinson STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this day of Steven Robinson and Robin Robinson. Witness my hand and official seal. My commission expires: 1> Notary Public by ARTICLE 7: STANDARDS 7-101. Zone District Use Regulations: The resulting Lots shall comply with the 2 acre minimum lot area required by the underlying Rural Zoning. 7-102. Comprehensive Plan and Intergovernmental Agreements: Ti n =.'-I, Tlats f2 6 acres, The a7 proposed Lots meet the minimum lot size set forth in the Comprehensive Plan. 7-103. Compatibility The proposed Lots are compatible with the surrounding land uses of small farms and ranchettes ranging from 2 to 30 acres. 7-104. Source of Water: Lot 1 shall be served by an existing well located thereon (Well Permit No. 316448) and Lot 2 shall be served by a new well under Well Permit No. 85019-F which shall be drilled and located on Lot 2, A Construction and Pump Test Report for the existing well on Lot 1 is submitted herewith. Applicant is requesting that the water quality tests for both wells and the drilling and pump test for the new well be conditions of approval. Accordingly, Applicant is requesting a waiver in connection with such submittal requirements. See Water Supply Plan. 7-105. Central Water Distribution and Wastewater Each Lot shall have its own engineered On -Site Wastewater Treatment System which shall comply with all County and State regulations and requirements. See Wastewater Treatment Plan. 7-106. Adeauate Public Utilities: Electric service currently exists on both Lots. No easements shall be required. 7-107. Access and Roadway Both Lots shall be accessed off County Road 237 via a shared private driveway. The proposed Final Plat creates a 40' Access Easement over and across Lot 2 for the benefit of Lot 1. The existing driveway consists of 6" of compacted, ground asphalt over geotextile membrane and complies with the County Design Standards for a Driveway. .See Access Plan. 7-108. Use of Land Subiect to Natural Hazards: Applicant is unaware of any natural hazards associated with the Property. 7-109. Fire Protection: The Property is located within the Burning Mountain Fire Protection District. 7-201. The proposed Minor Subdivision shall not adversely affect or otherwise limit agricultural operations on the Property or on neighboring properties. 7-203. Protection of Waterbodies: Any development shall comply with any applicable waterbody setbacks. 7-204. Drainage and Erosion: The Property is relatively flat, requiring little to no grading. The proposed Minor Subdivision will not alter historic drainage patterns associated with the property. 7-404. School Land Dedication: Any development on the proposed Lots shall pay the applicable Fee -In -Lieu of Dedication of School Land. 7-405. Road Impact Fees: The owner of a Lot shall pay the applicable Road Impact Fee prior to issuance of the Building Permit for such Lot. 1. 2. 4. 5. 6. 7. 8. 9. 10 11 12 13 14 15 ROBINSON MINOR SUBDIVISION Submittal Letter/Narrative. Application and Payment Agreement forms. Proof of-OwnersFitp — Special Warra6ty Deed. Authorization letter. Pre -Application Conference Summary. Vicinity Map. Final Plat - Robinson Minor Subdivision. Map and Names and mailing addresses of property owners within 200 feet. Certification of Mineral Owner Research. Water Supply Plan and Waiver Request. • Well Permit No. 316448 (existing well). • Well Permit No. 85019-F (new well with copy of West Divide Contract). Wastewater Treatment Plan. NRCS Soils Map Colorado Geological Survey Submittal Form. Access Plan. • Garfield County Driveway Permit. • Road Maintenance Declaration. Article 7: Standards. COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 1809056A Effective Date: February 16, 2021 at 7:59 AM Polio- or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 6-17-06) S. Proposed insured: (b) ALTA LOAN POLICY (ALTA 6-17-06) Proposed Insured: The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and is at the effective date hereof rested in: Steven Robinson and Robin Robinson 4. The land referred to in this Commitment is situated in the Count) of Garfield.. State of Colorado and described as follows: A parcel of land situated in the West %z of the Southwest'/ and the West/2 of the Northeast'/, of the Southwest'/ of Section 25, Township 5 South, Range 92 West of the 6th Principal Meridian, in the County of Garfield State of Colorado, more particularly described as follows: Commencing at the West corner of said Section 25; thence North 89°27'55" East 1970.81 feet along the centerline of said Section 25; thence South 00°01'26" East 518.62 feet; thence South 78°53'26" East 28.24 feet; thence North 16°14'34" East 92.19 feet; thence South 00°59'27" East 879.15 feet; thence South 89°19'45" West 679.28 feet; thence North 81°59'33" West 37.12 feet; thence North 00°47'30" West 782.18 feet; thence South 89'11'55" West 565.01 feet; thence South 00°47'45" East 369.56 feet; thence South 80' 48'36" West 760.75 feet; thence North 00°06'53" West 1015.78 feet along the West line of Section 25 to the Point of Beginning. TITLE CHARGES Title Commitment Update COUNTERSIGNED: Patri.ek, P. f3ua-wcU Authorized Officer or Agent Valid Only if Schedule B and Corer Are Attached S75.00 Aniericau Land Title Association Issuing Agent: Schedule A Commonwealth Title Company of Garfield County, Inc. (Rev'd 6-06) 127 East 5th Street Rifle. CO 91650 File No. 1809056A SCHEDULE B - SECTION 1 The Following are the requirements to be complied N�dth prior to the issuance of said police or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception tinder Schedule B of the policy to be issued. Unless otherwise noted. all documents must be recorded to the office of the Clerk and Recorder of the County in Much said property is located. The Proposed Insured must notiAl the Company in,,zriting of the name of arty party not referred to in this Commitment «lio will obtain an interest in the Land or who will make a loan on the Land, The Company may then make additional Requirements or Exceptions. 2 Pav the agreed amount for the estate or interest to be insured 3. Pay the premiums, fees, and charges for the Police to the Company. 4. Documents satisfactory to the Company that coney the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered. and recorded in the Public Records. This is an informational only commitment and no policy will be issued hereunder. 5. Receipt of satisfactory Improvement Surveil Plat certified to the Company (i) prepared from an on -the -ground inspection by a registered land surveyor licensed in the State of Colorado; (ii) currently- dated, showing the location of the Property and all improvements, fences, easements, roads, rights -of -way and encroachments or other matters identified in Schedule B - Section 2 of this Commitment, to the extent such matters are capable of being shop l—L (iii) contaiiung a legal description of the boundaries of the Property by metes and bounds or other appropriate legal description; and (iv.) meeting the criteria of Colorado Revised Statute 38-5 1-102(9), as amended, for an Improvement Survey Plat. NM 6 American Land Title Association Commitment Schedule B - Section 1 - Form 1004-5 File No. 1809056A SCHEDULE B - SECTION 2 Schedule B of the Police or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the company: 1. Rights or claims of parties in possession not shown by the Public records. 2. Easements, or claims of easements, not shown by the public records, 3. Discrepancies, conflicts in boundary lines, shortage in area. encroachments, and any facts, wfiich a correct survey and inspection of the premises would disclose, and which are not shown by the public records, 4. Any lien. or right to a lien; for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects. liens, encumbrances. adverse claims or other matters, if any. created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon coyere bus commitment. 6. Any and all unpaid taxes, assessments and unredeemed tax sales- 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights. claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded September 25. 1908 in Book 35806 at Page . 10. Right of way for County Road No, 237. 11. Fenceline encroachment. possessory rights outside of fencelines. apparent easements for utility lines and irrigation pipes, rights of way for ditches as shown on Boundary Survey dated June 16. 2008 prepared by Divide Creek Surveyors, Inc,, and all matters that would be shown on a current Improvement Survey Plat certified to the Company, 12. Reservation and any and all interest in oil and natural gas rights in instrument recorded February 1. 2019 as Reception No. 902939 and any and all assignments thereof or interests therein. 13. Easement granted to Public Service Company of Colorado in instrument recorded May 18, 2018 as Reception No. 906929 and Mai° 18. 2018 as Reception No. 906930. 14. Terms and conditions set forth in Declaration of Easements recorded September 13, 2018 as Reception No. 911705. 1.5. Right of wad for ditches and canals in place and in use. 16. Easement granted to Public Service Company of Colorado in instrument recorded May 1. 1996 in Book 976 at Page 299, and Mav 19, 2018 as Reception No. 906929, 17. Possessory rights outside of fence. encroachment of fence onadjoining property. apparent easement for overhead utilities, w-aterliue easement and all matters shown on Boundary Survey prepared by Divide Creek Surveyors Inc, dated October 3. 2018, 19. Deed of Trust from Steven Robinson and Robin Robinson to the Public Trustee of Garfield County for the use of Bank of Colorado, showing an original amount of S169.000,00, dated October 23. 2018 and recorded October 23, 2018 as Reception No.913337. 19. Defects. liens, encumbrances. adverse claims or other matters. if any, created, first appearing in the public records or attaching subsequent to the effective date hereof and the date on which all of the Schedule B. Part I -Requirements are met. 20. Easement recorded .Tune 5. 2020 as Reception No. 936313. 21. Terms and conditions set forth in Water Allotment Contract as evidenced in Memorandum recorded December 14, 2020 as Reception No. 94696?.. The Owner's Policy of Title Insurance committed for in this Commitment. if any. shall contain, in addition to the Items set forth in Schedule B - Section 2, the following items: (1) The Deed of Trust, if any, required under Schedule B - Section 1. (2) Unpatented mining claims: reservations or exceptions in patents or in Acts authorizing the issuance thereof. (3) any and all unpaid taxes. assessments and unredeemed tax sales. NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company, Upon request. the Company will provide a coPy of this clause and the accompanying arbitration rules prior to the closing of the transaction. American Land Title Association Commitment Schedule B - Section 2 Form 1004-12 COMMONWEALTH TITLE COMPANY PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future_ we may ask you to provide us with certain information. We understand that you may be concerned about ,xhat we will do with such information - particularly any personal or financial information. We agree that you have a right to know ho,,N we will utilize the personal information you provide to us. Therefore, we have adopted this Privaey Police to govern the use and handling of your personal information, Applicability This Privacy Police governs our use of the information yyhich you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or enti tv, types of miormatton Depending upon v%hich of our services you are utilizi ig, the types of nonpublic personal information that we may collect include: Information we receive from you on applications, forms and in other communications to us. whether in writing, in person, by telephone or any other means. 0 Information about your transactions with us. our affiliated companies, or others -,and 0 Infomlation we receive from a consumer reporting agency. Use of Information We request informmation from you for our own legitimate business purposes and not for the benefit of any nonaffiliated pang. Therefore, we till not release your inforniation to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us: or (2) as pernutted by law. We may, however, store such information indefinitely, including the period after Much any customer relationship has ceased, Such information may be used For any internal purpose, such as quality control efforts or customer anah sis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualtti insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companics, home warranty companies, and escrow companies. Furthennore, xNe may also provide all the information we collect, as described above to companies that perform marketing services on our behalf_ on behalf of our affiliated companies, or to other financial institutions ,,with xdiorn we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer. our Privacy Policy will continue to apple to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy. We currently maintanm physical, electronic and procedural safeguards that comply N-,ith federal regulations to guard your nonpublic personal information. NEIL W. GOLUBA GOLUBA & GOLUBA P.C. ATTORNEYS AT LAW 823 COOPER AVENUE P_O, BOX 931 GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (970) 945-9141 FAX: (970) 945-9143 April 8, 2021 Garflel'County Communit—y Development Attn: Vince Hooper 108 8" Street, Suite 401 Glenwood Springs, CO 81601 Re: Robinson Minor Subdivision Mr. Hooper: golubapc@comeast.net Via email: vhooper@garfield-county.com In connection with your letter of February 11, 2021 in the above -referenced matter, I am submitting the following responses corresponding to the numbered items in your letter: 1. An updated Title Report is enclosed herewith. 2. No portion of the property is within the Antlers Orchard Subdivision. 3. Enclosed herewith is the OWTS Feasibility Report prepared by Water Resource Consultants which complies with Section 4-203.N.1.b. of the Code. 4. As stated in the Access Plan previously submitted, the roadway as constructed is a minimum of twelve (12) feet in width, complies with the minimum standards of Section 7-107 and is located within the proposed Easement. 5. Attached is the revised Final Plat, including the standard County plat notes, except Note Z - Accessory Dwelling Unit. 6. The revised Final Plat reflects existing prescriptive Easements for County Roads 250 and 237. 7. Enclosed is an updated list of the adjacent property owners within 200 feet. Please let me know if you have any questions or need anything further. Otherwise, please confirm that the Application is deemed technically complete. Thank you. Very truly yours, NWG:Isc Enc. Final Plat ROBINSON MINOR ujt;D1 vISION N \ CO \ West 112 o the Southwest 114 and the West 1/2 o the Northeast 1/4 o the Southwest 1/4 o section 25, N m N m.f.f .f .f zoo SITE , Township 5 South, Range 92 West of the 6thp.m. o E O ? O zwo 0 County of �Gar eld State of Colorado z U z V O N N CO CERTIFICATE OF DEDICATION AND OWNERSHIP w ir � THE UNDERSIGNED, STEVEN ROBINSON AND ROBIN ROBINSON, BEING SOLE OWNER(S) IN FEE SIMPLE OF ALL THAT REAL PROPERTY SITUATED IN GARFIELD COUNTY, COLORADO, DESCRIBED AS FOLLOWS: A PARCEL OF LAND SITUATED IN THE WEST 1/2 OF THE SOUTHWEST 1/4 AND THE WEST 1/2 OF THE _ s NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 25, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6TH �- PRINCIPAL MERIDIAN, IN THE COUNTY OF GARFIELD STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST CORNER OF SAID SECTION 25; THENCE NORTH 89 °27'55" EAST 1970.81 FEET ` Vicinity Map ALONG THE CENTERLINE OF SAID SECTION 25; THENCE SOUTH 00.01 '26" EAST 518.62 FEET; THENCE SOUTH 78°53'26" EAST 28.24 FEET; THENCE NORTH 16°14'34" EAST 92.19 FEET; THENCE SOUTH 00°5927" EAST 879.15 /I 1 1 Scale. 000 / FEET; THENCE SOUTH 89°19'45" WEST 679.28 FEET, • THENCE NORTH 81 °5933" WEST 37.12 FEET; THENCE NORTH 00°47'30" WEST 782.18 FEET, THENCE SOUTH 89-11'55" WEST 565.01 FEET, THENCE SOUTH 00°47'45" 1 1 EAST 369.56 FEET; THENCE SOUTH 80°48'36" WEST 760.75 FEET; THENCE NORTH 00°06'53" WEST 1015.78 FEET ALONG THE WEST LINE OF SECTION 25 TO THE POINT OF BEGINNING. CONTAINING 44.314 ACRES, MORE OR LESS, HAS [HAVE] CAUSED THE DESCRIBED REAL PROPERTY TO BE TITLE CERTIFICATE SURVEYED, LAID OUT, PLATTED AND SUBDIVIDED INTO LOTS AND BLOCKS AS SHOWN ON THIS PLAT UNDER THE o COUNTY COMMISSIONER'S CERTIFICATE NAME AND STYLE OF ROBINSON MINOR SUBDIVISION, A SUBDIVISION IN THE COUNTY OF GARFIELD. �cp�N BASED UPON THE REVIEW AND RECOMMENDATION OF GARFIELD COUNTY DIRECTOR OF COMMUNITY I AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF COLORADO, OR AGENT AUTHORIZED BY A TITLE INSURANCE COMPANY, DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO OWNERS HEREBY ESTABLISH AND DEDICATE THE FOLLOWING EASEMENTS DEPICTED ON SHEET 2 HEREOF: DEVELOPMENT, THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, HEREBY APPROVES ALL LANDS SHOWN UPON THIS PLAT AND THAT TITLE TO SUCH LANDS IS VESTED IN THE 40' ACCESS EASEMENT LOCATED ON LOT 2 FOR THE CONSTRUCTION, MAINTENANCE AND REPAIR OF A o 0 0 o n THIS SUBDIVISION PLAT THIS DAY OF A.D., 2 02 0, FOR FILING WITH THE CLERK AND RECORDER OF GARFIELD COUNTY AND FOR CONVEYANCE TO THE COUNTY OF THE PUBLIC DEDICATIONS SHOWN FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES (INCLUDING MORTGAGES, DEEDS OF TRUST, JUDGMENTS, SHARED DRIVEWAY SERVING LOTS 1 AND 2. ANY SUCH SHARED DRIVEWAY LOCATED WITHIN SAID EASEMENT W U Z `o (4 HEREON, SUBJECT TO THE PROVISIONS THAT APPROVAL IN NO WAY OBLIGATES GARFIELD COUNTY FOR THE EASEMENTS, CONTRACTS AND AGREEMENTS OF RECORD AFFECTING THE REAL PROPERTY IN THIS PLAT), EXCEPT SHALL BE SUBJECT TO THE ROAD MAINTENANCE AGREEMENT RECORDED AS RECEPTION NO. OF THE GARFIELD COUNTY, COLORADO RECORDS; FINANCING OR CONSTRUCTION OF IMPROVEMENTS ON LANDS, PUBLIC ROADS, HIGHWAYS OR EASEMENTS AS FOLLOWS: DEDICATED TO THE PUBLIC, EXCEPT AS SPECIFICALLY AGREED TO BY THE BOARD OF COUNTY COMMISSIONERS BY SUBSEQUENT RESOLUTION. THIS APPROVAL SHALL IN NO WAY OBLIGATE GARFIELD COUNTY FOR THE ANY PUBLIC UTILITY EASEMENTS CREATED BY THIS PLAT, FOR THEIR INTENDED PURPOSE, TOGETHER WITH THE SURVEYOR'S NOTES CONSTRUCTION, REPAIR OR MAINTENANCE OF PUBLIC ROADS, HIGHWAYS OR ANY OTHER PUBLIC DEDICATIONS RIGHT TO TRIM INTERFERING TREES AND BRUSH, WITH THE PERPETUAL RIGHT OF INGRESS AND EGRESS FOR SHOWN HEREON. INSTALLATION AND MAINTENANCE OF SUCH UTILITIES IN A REASONABLE AND PRUDENT MANNER. DATED THIS DAY OF A.D. 20 THE COUNTY OF GARFIELD SHALL NOT BE RESPONSIBLE FOR ANY STREET PAVING OR IMPROVEMENTS OR ANY 1.) DATE OF SURVEY WAS APRIL 2, 2020. EXPENSE ASSOCIATED THEREWITH. ALL EXPENSE FOR STREET PAVING OR IMPROVEMENTS SHALL BE TITLE COMPANY: FURNISHED BY THE OWNER, NOT BY THE COUNTY OF GARFIELD. 2.) BASIS OF BEARINGS FOR THIS SURVEY IS AN ASSUMED BEARING OF N 89 °27'55" E ALONG THE NORTH LINE OF CHAIRMAN, BOARD OF COUNTY COMMISSIONERS z THE NW114SW1/4 SECTION 25, T5S, R92W 6TH P.M. BETWEEN WEST 1/4 CORNER, A FOUND 3-1/4" BLMALUMINUM GARFIELD COUNTY, COLORADO 0 CAP ON 2" PIPE 7" ABOVE GROUND STAMPED 75S R92W 1/4 S26IS25 1993" AND THE WEST CENTER 1/16 CORNER, AGENT EXECUTED THIS DAY OF A.D., 20 U) A FOUND 3-1/4" ALUMINUM CAP ON #6 REBAR 3" ABOVE GROUND STAMPED "W 1/16 C-C S25 2019 PLS 36572". WITNESS MY HAND AND SEAL OF THE COUNTY OF GARFIELD. OR > 3.) THIS PLAT IS BASED ON: ATTEST: COUNTY CLERK STEVEN ROBINSON ROBIN ROBINSON 0 ATTORNEY 680 GRAND AVENUE 680 GRAND AVENUE a. SPECIAL WARRANTY DEED RECORDED OCTOBER 23, 2018 AS RECEPTION NO. 913334 IN THE RECORDS OF COLORADO ATTORNEY REGISTRATION NO. SILT, CO 81652 SILT, CO 81652 j THE GARFIELD, COUNTY, COLORADO CLERK AND RECORDER'S OFFICE. U) b. RESEARCH FOR RIGHTS -OF -WAY AND EASEMENTS OF RECORD ARE BASED ON COMMONWEALTH TITLE STATE OF COLORADO ) n/ COMPANY FILE NO. 1809056-4 ANTIC DATED OCTOBER 12, 2018. :SS COUNTY OF GARFIELD ) 0 c. MONUMENTS FOUND IN PLACE AS INDICATED HEREON. LIENHOLDER CONSENT AND SUBORDINATION THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME Cz 4.) ALL DIMENSIONS SHOWN HEREON ARE RECORD AND AS -MEASURED UNLESS OTHERWISE INDICATED. COUNTY PLAT NOTES THE UNDERSIGNED, BEING THE BENEFICIARY UNDER A DEED OF TRUST GRANTED BY THE OWNER(S) UPON THE THIS DAY OF A.D., 20 BY G Z REAL PROPERTY PLATTED AND DIVIDED AS SHOWN UPON THE WITHIN [EXEMPTION] PLAT, CERTIFIES THAT THE 5.) ALL FOUND OR SET MONUMENTS ARE FLUSH WITH GROUND EXCEPT AS NOTED HEREON. T. NOXIOUS WEEDS. UNDERSIGNED HAS REVIEWED THE [EXEMPTION] PLAT AND BY THIS CERTIFICATION HEREBY CONSENTS TO SAID MY COMMISSION EXPIRES: 0 [EXEMPTION] PLAT AND TO THE RECORDING THEREOF. BENEFICIARY FURTHER CONSENTS TO SAID [EXEMPTION] WITNESS MY HAND AND OFFICIAL SEAL. U) CONTROL OF NOXIOUS WEEDS IS THE RESPONSIBILITY OF THE PROPERTY OWNER. PLAT AS STATED IN THE CERTIFICATE OF DEDICATION AND OWNERSHIP EXECUTED BY THE OWNER(S) HEREON, z 6.) THE LINEAL UNIT USED IN THE PREPARATION OF THIS PLAT IS THE U.S. SURVEY FOOT AS DEFINED BY U. OPEN HEARTH SOLID -FUEL FIREPLACES. AND HEREBY SUBORDINATES ANY INTEREST THAT BENEFICIARY MAY HAVE IN AND TO THE PROPERTY SUBJECT TO THE UNITED STATES DEPARTMENT OF COMMERCE, NATIONAL INSTITUTE OF STANDARDS AND NO OPEN HEARTH SOLID -FUEL FIREPLACES WILL BE ALLOWED ANYWHERE WITHIN THE SUBDIVISION. SUCH DEDICATION, TO THE ENTITY(IES) OR THE GENERAL PUBLIC TO WHICH SUCH DEDICATION IS MADE. m TECHNOLOGY. ONE NEW SOLID -FUEL BURNING STOVE AS DEFINED BY C.R.S. 25-7-401, ET. SEQ., AND THE REGULATIONS NOTARY PUBLIC 0 PROMULGATED THEREUNDER, WILL BE ALLOWED IN ANY DWELLING UNIT. ALL DWELLING UNITS WILL BE ALLOWED N 7.) ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS AN UNRESTRICTED NUMBER OF NATURAL GAS BURNING STOVES AND APPLIANCES. AUTHORIZED AGENT LL SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED V. EXTERIOR LIGHTING. ALL EXTERIOR LIGHTING SHALL BE THE MINIMUM AMOUNT NECESSARY AND THAT ALL EXTERIOR LIGHTING SHALL BE STATE OF COLORADO ) UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION DIRECTED INWARD AND DOWNWARD, TOWARDS THE INTERIOR OF THE SUBDIVISION, EXCEPT THAT PROVISIONS MAY :SS SHOWN HEREON. BE MADE TO ALLOW FOR SAFETY LIGHTING THAT GOES BEYOND THE PROPERTY BOUNDARIES. COUNTY OF GARFIELD ) W. RIGHT TO FARM COLORADO IS A "RIGHT -TO -FARM" STATE PURSUANT TO C.R. S. 35-3-11, ET. SEQ, LANDOWNERS, RESIDENTS AND THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME VISITORS MUST BE PREPARED TO ACCEPT THE ACTIVITIES, SIGHTS, SOUNDS AND SMELLS OF GARFIELD COUNTY'S THIS DAY OF A.D., 20 AGRICULTURAL OPERATIONS AS A NORMAL AND NECESSARY ASPECT OF LIVING IN A COUNTY WITH A STRONG RURAL SURVEYOR'S CERTIFICATE CHARACTER AND A HEALTHY RANCHING SECTOR. THOSE WITH AN URBAN SENSITIVITY MAY PERCEIVE SUCH BY ACTIVITIES, SIGHTS, SOUND, AND SMELLS ONLY AS INCONVENIENCE, EYESORE, NOISE AND ODOR. HOWEVER, STATE I MICHAEL J. LANGHORNE, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAW AND COUNTY POLICY PROVIDE THAT RANCHING, FARMING AND OTHER AGRICULTURAL ACTIVITIES AND MY COMMISSION EXPIRES: CERTIFICATE OF TAXES PAID LAWS OF THE STATE OF COLORADO, THAT THIS PLAT IS A TRUE, CORRECT AND COMPLETE PLAT OF ROBINSON MINOR OPERATIONS WITHIN GARFIELD COUNTY SHALL NOT BE CONSIDERED TO BE NUISANCES SO LONG AS OPERATED IN WITNESS MY HAND AND OFFICIAL SEAL. SUBDIVISION AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT WAS MADE FROM AN CONFORMANCE WITH THE LAW AND IN A NON -NEGLIGENT MANNER. THEREFORE, ALL MUST BE PREPARED I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF TAXES AND ASSESSMENTS DUE AND ACCURATE SURVEY OF SAID PROPERTY BY ME, OR UNDER MY SUPERVISION, IS BASED ON MY KNOWLEDGE, ENCOUNTER NOISES, ODOR, LIGHTS, MUD, DUST, SMOKE, CHEMICALS, MACHINERY ON PUBLIC ROADS, LIVESTOCK ON PAYABLE AS OF UPON ALL PARCELS OF REAL ESTATE DESCRIBED ON THIS PLATPUBLIC ROADS, STORAGE AND DISPOSAL OF MANURE, AND THE APPLICATION BY SPRAYING OR OTHERWISE OF ARE PAID IN FULL. INFORMATION AND BELIEF, AND THAT IT CONFORMS WITH THE CURRENT "STANDARDS FOR LAND SURVEYS" OF THE CHEMICAL FERTILIZERS, SOIL AMENDMENT, HERBICIDE, AND PESTICIDES, ANY ONE OR MORE OF WHICH MAY NOTARY PUBLIC L,J COLORADO AES BOARD OF LICENSURE, AS WELL AS WITH RELATED SURVEY REQUIREMENTS OF CURRENT VERSIONS NATURALLY OCCUR AS PART OF LEGAL AND NON -NEGLIGENT AGRICULTURAL OPERATIONS. DATED THIS _ DAY OF ,A.D., 20 z Z) OF THE COLORADO REVISED STATUTES AND THE COUNTY OF GARFIELD REGULATIONS, THIS CERTIFICATE IS NOT X. MAINTENANCE OF FENCES, RURAL LIVING, ETC. 0 INTENDED TO BE AN EXPRESS OR IMPLIED WARRANTY OR GUARANTEE OF ANY MATTERS EXCEPT THOSE STATED IN ALL OWNERS OF LAND, WHETHER RANCH OR RESIDENCE, HAVE OBLIGATIONS UNDER STATE LAW AND COUNTY LLJ LO THE PRECEDING SENTENCE AND CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS REGULATIONS WITH REGARD TO THE MAINTENANCE OF FENCES AND IRRIGATION DITCHES, CONTROLLING WEEDS, z > � AND STREETS OF THE ROBINSON MINOR SUBDIVISION AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCE KEEPING LIVESTOCK AND PETS UNDER CONTROL, USING PROPERTY IN ACCORDANCE WITH ZONING, AND OTHER TREASURER OF GARFIELD COUNTY m Q 00 WITH APPLICABLE REGULATIONS GOVERNING THE SUBDIVISION OF LAND. ASPECTS OF USING AND MAINTAINING PROPERTY. RESIDENTS AND LANDOWNERS ARE ENCOURAGED TO LEARN 0 0 ABOUT THESE RIGHTS AND RESPONSIBILITIES AN ACT AS GOOD NEIGHBORS AND CITIZENS OF THE COUNTY. A GOOD � INTRODUCTORY SOURCE FOR SUCH INFORMATION IS A GUIDE TO RURAL LIVING (% SMALL SCALE AGRICULTURE" PUT Q U IN WITNESS WHEREOF I HAVE SET MY HAND AND SEAL OUT BY THE COLORADO STATE UNIVERSITY EXTENSION OFFICE IN GARFIELD COUNTY. COUNTY SURVEYOR'S CERTIFICATE w � � Y. MINERAL RIGHTS. Ur L J THE MINERAL RIGHTS ASSOCIATED WITH THIS PROPERTY MAY NOT BE TRANSFERRED WITH THE SURFACE ESTATE APPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF SURVEYS, CALCULATIONS OR DRAFTING, O U) DATE: THEREFORE ALLOWING THE POTENTIAL FOR NATURAL RESOURCE EXTRACTION ON THE PROPERTY BY THE MINERAL PURSUANT TO C.R. S. § 38-51-101 AND 102, ET SEQ. U) 00 41 ESTATE OWNER(S) OR LESSEE(S). AA. DOMESTIC DOGS. DATED THIS DAY OF A.D., 20 MICHAEL J. LANGHORNE, P.L.S. # 36572je. DOGS KEPT ON THE PROPERTY SHALL BE IN A FENCED YARD OR ON A LEASH TO PREVENT HARASSMENT OF WILDLIFE. BB. WILDLIFE -FRIENDLY FENCING. e.1) FENCING ON THE PROPERTY SHALL COMPLY WITH THE COLORADO PARKS AND WILDLIFE SPECIFICATIONS FOR WILDLIFE -FRIENDLY FENCING. GARFIELD COUNTY SURVEYOR CC. SEPTIC SYSTEMS. ENGINEER -DESIGNED SEPTIC SYSTEMS ARE REQUIRED WITHIN THIS SUBDIVISION. DD. FOUNDATIONS. ENGINEER -DESIGNED FOUNDATIONS ARE REQUIRED WITHIN THIS SUBDIVISION. CLERK AND RECORDER'S CERTIFICATE EE. IRRIGATION DITCHES FI LE: M N R SUB DITCH OWNER(S) RIGHTS: COLORADO STATE STATUTES 37-86-102 PROVIDES THAT ANY PERSON OWNING A WATER THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY, D FT. TL RIGHT OR CONDITIONAL WATER RIGHT SHALL BE ENTITLED TO A RIGHT-OF-WAY THROUGH THE LANDS WHICH COLORADO, AT O'CLOCK , ON THIS DAY OF A.D., 20 AND IS LIE BETWEEN THE POINT OF DIVERSION AND POINT OF USE OR PROPOSED USE FOR THE PURPOSE OF TRANSPORTING DULY RECORDED AS RECEPTION NO. C K . M JL WATER FOR BENEFICIAL USE IN ACCORDANCE WITH SAID WATER RIGHT OR CONDITIONAL WATER RIGHT. ANY IMPACT, CHANGE OR CROSSING OF A DITCH SHALL REQUIRE APPROVAL FROM THE DITCH OWNER. ATTEST. DATE: 5/13/20 CLERK AND RECORDER PROJECT NO. 20024-01 BY: DEPUTY SHEET 1 OF 2 Final Plat West 1/4 Corner Section 25 Found 3-1/4"BLMAluminum Cap on 2" Pipe 7" Above Ground Stamped 75S R92W 1/4 S26/S25 1993" 15.0' Public Service Company Easement Reception No. 906929 �1 v°� �.ti`�15v50130 5aro�o•2 ;A�- P5 ecov ROBINSON MINOR SUBDIVISION West 1/2 of the Southwest 1/4 and the West 1/2 of the Northeast 1/4 of the Southwest 1/4 of section 25, Township 5 South, Found #5 Rebar and _ — 1-1/2"Aluminum Cap _ \ 6"Above Ground Stamped " PE LS 5933" Range 92 West of the 6th p. m. County of Garfield, State of Colorado / 2 � �o�' S3 / 1,o� ati� 2�19 PSgece'Q g DL�h2625pj/�� erslr 2519 — —� Farm•• ri 1Q0- \ 50.0 eptLo \ \ ge0 / __ _ '� 1 s. o _� Basis of Bearing N 89 °27'55" E 1344. 66' West Center 1 / 16 Corner Section 25 Found 3-1/4"Aluminum Cap on # 6 Rebar 3" Above Ground Stamped 'W 1/16 C-C S25 2019 PLS 36572" C,000 � o lva-"I �51 �9a�ct�eo�3�IkS �le�a pcc¢ece4 P� 75.01' n 1052.15'- 1E� I � } w OE I I Irrigation Structures 3� 31 p E 3�E 1 1 3° 30 I\ \ \ \ I I Power Pole (Typical) i Pond ' II I II II I II II II II II I II I II I I I II I I I II I II I II I II I II I I I II I II I rl I II I II I II I I I II II I II I I I I II I I� II II II II I II _ N 89 °27'55" E 626.12' I I o � Well � Overhead Electric (Typical) I I I I \ o I I � \ \ I I 00 Lij 30.0' Waterline Easement No. 2 o N Reception No. 911705 in I I I I II I I - � \\ I I 0 I II 130.0' Waterline Easement No. 4 Reception No. 911705 / I If►� 30.0' Waterline Easement No. 3 I I I � I \ I I Reception No. 911705 o I I Irrigation Ditch (Typical) \ \ \ I I I o L6 1 - - / Lot 2 Found #5 Rebar and I I I - 23.132± Acres I Lot 1 1-1/2" Aluminum Cap — 170.00' I __---395.01'-- I 21.182± Acres Stamped "Eldorado LS 15710' Record S 89 °11 '55" W 565.01 ' Field S 89 °13'02" W 565.46' II I Found #5 Rebar and 1 6.0' Public Service Company 1-1/4" Yellow Plastic Cap Utility Easement 6" Above Ground Book 976, Page 299 Stamped "LS 13501 " I I� II I I 30.0' Irrigation Waterline Easement No. 1 LO 1 Reception No. 911 705 1 I M I i I 1 W Book 760, its I I I 1 I Page 330 Book 760, Book 1241, N 120.0' Page 330 Page 966 0� I to toLO N II II I� 0 II I I o II � II I I I 1 I� i III I I 1 00 I� I I 40.0' Access Easement Created with this Plat I 1 N I 1 I II 760.75 S 80°48'36 W i i 1 I II I M I II I I Roadway Easement 0 9ee1 i Book 760, Page 330 Q) 11 I I I N01 1 it 54ee e���010.CIV ¢ Book 751, Book 1289, 1 1 Southwest 1/16 Corner Section 25 / I i I Page 145 Page 349 i I Original Monument not Found I 1 I Re-established Location Based on Lloyd Minor Subdivision / and Monument Record Filed by PLS 36056 1 II Set 30.0' Witness Corner II 30" #6 Rebar and 3-1/4" Aluminum Cap 1 1 1 1 Stamped 'WI/16 S25/S36 2020 PLS 36572" I I I V -- —- -__�/ Found #5 Rebar and 1 I 1-1/2" Aluminum Cap Stamping Illegible I 1 30.0' Waterline Easement No. 3 �f►I Reception No. 911705 I I I I ee� I I ti�a� °, Gravel Drive �► 30.0' Waterline Easement No. 5 Reception No. 911705 I I I I I I I I I I I I I I I I I i i S 78 °5326" E 28.24' 0 0 Existing Prescriptive Easements for County Roads- I Shed Record S 89'19'45" W 679.28' l 10.00' Field per Llyod Minor Subdivision S 89°25'47" W 679.52' Record N 81 °59'33" W 37.12' Field N 80°59'11 " W 38.24' 1 0"� �titio `o ai6066 ti � 1 d -vow ytio�ece4 Book 1071 Page 0957 Found #5 Rebar N 16'1434" E 92.19' $)l1156 �o 0101 ec" ----County Road No. 237 Harvey Gap Road CO � ti 00 W W i\ - N � L �h 0 0 0 O ~O 0 100 200 300 SCALE: 1 "=100' LEGEND Set 18" #5 Rebar and QO 1-1/4" Orange Plastic Cap Stamped "PROP CORNER PLS 36572" Electric Meter Existing Easements — — — — — Easement Created with this Plat Fence Line Irrigation Ditch LINE BEARING DISTANCE LI N 78 °04'21 " E 39.05' L2 N 39°31 24" E 120.79' L3 N 89°27'55" E 99.19' L4 N 00100100" W 47.24' L5 N 89°27'55" E 619.82' L6 N 85°20'50" W 227.41' L7 N 00'15'32" W 829.39' L8 S 00°43'49" E 30.01 ' ww Zoo O U U 0- < U Z W O O 0 0 U zV)N \ 00 w � of qW � 2 Q, 0 �cptiN � one r�Uo�� z O U) 0 00 ) N ly- O z 2 O U) z m z W O z cal Z CO Q 00 000 Of z U Aspaalt County Road > 0 Surfce J No. 250 o CO 00 q Right of Way U)co U Found #5 Rebar and 8.5 1 1/2"Aluminum Cap Stamped "C-W-SW 1 / 64 S25 L.S.36056 2011" 16b19% �o ed, g fzelv te.1P FILE: MNR SUB DFT. TL CK. MJL DATE: 5/13/20 PROJECT NO. 20024-01 SHEET 2 OF 2 Garfield County Land Explorer about:blank Garfield County Land Explorer Parcel 212725200011 212725200014 212725208007 Physical Address Not available null 1823 237 COUNTY RD SILT 2386 ODIN DR SILT Owner See attached SPANGLER, JOHN R JR & PEGGY ROSENBERG, BRAD & JENNIFER Account um R200204 R200230 Mailing Address 1823 COUNTY ROAD 237 SILT, CO 81652-9540 2386 ODIN DRIVE SILT, CO 81652 212725208008 2450 ODIN DR SILT WESTHOFF, MICHAEL R & JANET R200227 2450 ODIN DRIVE SILT, CO 81652-9555 212725208009 2584 ODIN DR SILT FLYNT, STACEY RENEE R200133 2584 ODIN DRIVE SILT, CO 81652 212725208010 2658 ODIN DR SILT JOHNSON, SHERYL R200043 PO BOX 563 SILT, CO 81652 1405 237 COUNTY RD 212725300016 SILT WADE, ROGER W & LOLA G R200022 PO BOX 552 SILT, CO 81652 212725300017 1401 237 COUNTY RD MEREDITH, BRETT & GILBERT, R200138 1401 COUNTY ROAD 237 SILT, CO SILT VANESSA 81652 212725300050 Not available null See attached 1411 237 COUNTY RD 212725300051 RIFLE WHEELER, IRMA ELLEN R200598 PO BOX 84 SILT, CO 81652-0084 212725300052 1403 237 COUNTY RD GLADSON, RONNIE L R200599 1403 COUNTY ROAD 237 SILT, CO SILT 81652 212725300066 100 250 COUNTY RD FENDER, JAMES & NICOLE R008118 0100 COUNTY ROAD 250 SILT, CO SILT 81652 6875 233 COUNTY RD 212725300068 SILT ROBINSON, STEVEN & ROBIN R084193 680 GRAND AVENUE SILT, CO 81652 212725300072 BAKER, JAMES A SR & CONNIE R R084280 390 APPLE DRIVE BASALT, CO 81621 212725302001 1491 237 COUNTY RD FRADL, IAN & MERCEDES P R083179 1491 COUNTY ROAD 237 SILT, CO SILT 81652 1650 237 COUNTY RD 212725400042 SILT WADE, SHANE E & DENISE C R200529 PO BOX 425 SILT, CO 81652 212725400071 140 LAFRENZ LN SILT BREY, GREGORY SCOTT & APRIL R008143 140 LAFRENZ LANE SILT, CO 81652 CANDACE 212726108026 2326 ODIN DR SILT ALEXANDER, JERIMY R R200209 2326 ODIN DRIVE SILT, CO 81652 212726408027 Not available null See attached 212726408036 446 ODIN DR SILT ALLEN, WILLIAM G & TAMARA A R200084 446 ODIN DRIVE SILT, CO 81652-9551 ROW Not available null ROW Not available null ROW Not available null 1 of 1 4/7/2021- 3:19 PM Parcel Physical Address 212725200011 1851 County Road 237 silt 212725300050 1407 County Road 237 Silt 212726408027 536 Odin ©rive Silt Owner Acct. No. Mailing Address Farmers Irrigation Company R200056 PO Box 8 Silt, CO 81652 Wancura, Albert Dawn & R200597 1407 County Road 237 Alma Kay Silt, CO 81652 Harris, Roger & Sherry R200064 0536 Odin Drive Silt, CO 81652 WATER RESOURCE CONSULTANTS, LLC ..J April 5, 2021 via e-mail Steve and Robin Robinson 680 Grand Ave Silt, CO 81652 RE: Evidence of Feasibility for an OWTS for: Address: TBD County Road 237, Silt, CO 81652 Owner: Steven and Robin Robinson Parcel ID: 23-2127-253-00-068 (Lot 2, minor subdivision) Steve and Robin, The following information is provided to satisfy Garfield County's Land Use Code section 4- 203(N)(b)(1-5) regarding the feasibility of an On -Site Wastewater Treatment System for the above property. We conclude that the site is capable of meeting Garfield County's LUC, which in turn, satisfies the CDPHE's requirements for OWTS. Details are below. The County Code is reiterated below in italics: b. If On -Site Wastewater Treatment Systems (OWTS) are proposed, the following information shall be provided. (1) Evidence that the OWTS will comply with the County's OWTS requirements and requirements of the CDPHE, Water Quality Control Commission: (2) Documentation of soil percolation tests and other studies required to determine maximum seasonal groundwater level and depth to bedrock, in compliance with the County's Individual Sewage Disposal requirements; (3) Test locations shall be indicated on the Plat,- (4) Tests shall be performed by a qualified professional engineer, and (5) A proposed management plan for operation and maintenance of on -site systems. Responses are as follows: (1) The above parcel is currently undergoing submittal and review by Garfield County for a minor subdivision. An OWTS is proposed for a future residence on Lot 2 of the minor subdivision of the above parcel (see Figure 1). The proposed lot size is more than 20 acres, which is much greater than the minimum requirement of 2.0 acres to support an OWTS. (2) Percolation tests were conducted March 15-17, 2021. Three (3) percolation holes were dug with an excavator to approximately 4-5 feet deep, which is an anticipated bottom elevation of an absorbtion field. In the bottom of the test pits, 8"-10" diameter holes were excavated another 12" deep. The holes were presoaked 24 hours in advance with water from the on -site well, and then percolation tests were conducted. Additionally, an 8' deep observation pit was excavated. No evidence of seasonally high groundwater table, nor impeding impermeable layers or bedrock, were encountered. 244 Hutton Ave., Rifle, CO 81650 (970) 625-5433 pcurrier@wrc-Ilc.com Steve and Robin Robinson Page 2 of 5 OWTS Feasibility April 5, 2021 TBD County Road 237, Silt, CO 81652 Parcel ID: 23-2127-253-00-068 (Lot 2, minor subdivision) Soils are unconsolidated silty clay to silty -clay -loam. The average percolation rate is 28 minutes/inch. Per Table 10-1 of GarCo's LUC, the Long Term Acceptance Rate of the soil equates to 0.50 gallons/day/square foot. This percolation rate is feasible for construction of an OWTS absorbtion field, aka "leach field." Approximate locations of the test pit locations are shown on Figure 1. (4) Tests were conducted under the direction of myself, Paul C. Currier, P.E. (5) A proposed management plan for operation and maintenance of on -site systems will be generated during final design. It is premature to state specifics at this point in time as no specific home site / type / size is finalized, and will not be until a building permit is requested at some future, yet to be determined date, which may be several years out. At the appropriate time, an O&M management plan will be provided in accordance with the then current OWTS Garfield County codes. Current requirements are embodied in Garfield County resolution 14-22, approved April 21, 2014. Photos of the test pits and observation pit are shown in Figures 2 and 3. Should you have any questions, please do not hesitate to contact me. Sincerely, WATER RESOURCE CONSULTANTS, LLC �1 247,:3 ' Paul C. Currier, P.E. PCC/pcc / 660-2.0 Steven and Robin Robinson, OwTS tests March 2021 doc 244 Hutton Ave., Rifle, CO 81650 (970) 625-5433 pcurder@wrc-lic.com HQ16A1MIS Noun HZIO Ati:k N O N N Pero Test #1 29.9 min/inch Clay to Silty -Clay Pero Test #2 11 min/inch Sandv Silt Perc Test #3 43 minlinch Clay to Silty - Clay FIGURE 2 Percolation Tests Robinson Property, March 15-17, 2021 Ak Wwom FtmKaRGs CoNwL7 m*. LLC FIGURE 3 Robinson Property, March 15-17, 2021 8' Observation Pit Observation test pit: 0" — 6" O horizon (organic); notice carbon sequestration (darker soils) 6" — 15" A-B horizon (subsoil, but with roots) 15" — 48" C horizon (substratum). Silty -clay, some loam. 48" — 96" C horizon (substratum). Clay to silty clay. 96" — 108" C horizon (substratum). Clay to silty clay. No evidence of oxidation or reduction that would indicate a seasonally high ground water table. No groundwater was encountered. No confining or limiting layer or impermeable bedrock was encountered. Al WAWR R=0URQQ C0HWL'LW7i, LLC