HomeMy WebLinkAbout1.00 General Application Materials
MOUNTAIN VIEW SKETCH PLAN APPLICATION
OWNER: RED DOG, LLC
GARFIELD COUNTY – AUGUST, 2021
Updated – December 2023
FORMERLY CALLED: NORTH 27
OWNER/APPLICANT/CONSULTANT LIST
OWNER/APPLICANT
RED DOG LLC
1011 MAIN ST.
CARBONDALE, CO 81623
KIRKENTERPRISES@COX.NET
480.216.2067
PLANNER/COORDINATION:
MARK CHAIN CONSULTING LLC
811 GARFIELD AVE
CARBONDALE, COLORADO 81623
(970) 309.3655
MCHAIN@SOPRIS.NET
SURVEYOR/CIVIL ENGINEER:
BOUNDARIES UNLIMITED
923 COOPER AVE., STE 201
Glenwood Springs, Co 81621
970.945.5252
ATTORNEY
CHAD LEE, ESQ.
JVAM
PO BOX 878
GLENWOOD SPRINGS, CO 81602
970.893.8242
1
TABLE OF CONTENTS
Background/intent ………………………………………………………………………… p. 2
Entitlement History ………………………………………………………………………. p. 2
Project Site ………………………………………………………….……………………….. p. 5
Sketch Plan Summary Information …………………………………………….... p. 5
Compliance with Comprehensive Plan ………………………………………… p. 9
Water Rights and Supply …………………………………………………………….. p. 12
Visual Analysis ………………………………………..…………………………………… p. 12
Article 7 Standards ……………………………………………………………………… p. 17
Mineral Rights …………………………………………………………………………….. p. 18
Exhibits
Exhibit A Application and Related Forms
Exhibit B Relevant Deeds (Property Ownership)
Exhibit C Geotech – HP Geotech - 11/16/1999
Exhibit D Subdivision Sketch Plan Plat
Exhibit E Water Information
Exhibit F Title Commitment
Exhibit G Pre-Application Summary
Exhibit H Mineral Rights Documents -
Exhibit I Pervious Approval Documents/Miscellaneous
• Resolution 19-044
• Lot 4 Simon Subdivision Exemption Plat (Rec # 544219)
• Property Record Card
Exhibit J Addendum (Per completeness Review – 10/30/2023)
MOUNTAIN VIEW MAJOR SUBDIVISION
SKETCH PLAN
1. Background and Intent of Application
Red Dog LLC (owner and applicant) is submitting a Major Subdivision Sketch Plan Application for
property that is 27.52 acres in size and has been known for the last 24 years as Lot 4 of the Simon
Subdivision Exemption. This is the first step in the major subdivision process and owner/applicant
intends to submit Preliminary and Final Plan applications in the near future. The proposal is to develop 5
lots ranging in size from 3.9acres to 6.8 acres. Access for 4 these lots is to be from County Road 261 with
the fifth lot having access from Columbine Lane. The property is located on Silt Mesa approximately 1.5
miles north of the Town of Silt and it is almost directly south of the Harvey Gap reservoir. Two location
maps are included in the following page.
Applicant intends to install an interior private road serving 4 of the lots and domestic water and
irrigation infrastructure. The plan is that that individual property owners will build on each of the lots.
They will be providing their own OWTS as part of a building permit application. Each lot is being
designed to have 1 single-family house with the ability to have an accessory dwelling unit. Owner will
pay School District Fees, transportation fees and any other fees as required by code. The property’s
distance from the Town of Silt infrastructure prevents connection to any municipal water or wastewater
facilities.
The subdivision as proposed is in compliance with the Town of Silt’s Comprehensive Plan, the Garfield
County Comprehensive Plan 2030 - 2020 Update. Developer will ensure that each lot is able to meet all
County standards for the Rural “R” Zone District and will be compliant with Article 7 Development
Standards as applicable.
2. Entitlement History
What is now Lot 4 of the Simon Subdivision Exemption (SSE) received approval in its present
configuration and legal description with the approval of the Simon Subdivision Exemption by virtue of
the adoption of Resolution 99 – 044 and the associated Exemption Plat. Copies of these recorded
documents are included as Exhibit I. That exemption created 4 lots and what is Lot 4 was sold to Paul
and John Currier, who applied for a Sketch Plan and Preliminary Plan under the name of North 27
Subdivision. They submitted an application for a Preliminary Plan in 2000. From a review of the staff
report and application, most of the issues were worked out with the exception of water supply.
Lot 4 was sold to Terry, Julie and Gary Kirk in 2007. An application for Preliminary Plan was made once
again. That plan was recommended for denial because proof of a legal water supply and augmentation
plan had not been completed. The water analysis and augmentation plan and court cases continued to
MOUNTAIN VIEW SKETCH PLAN 2
Garfield County, CO
Red Dog LLC
Location Map
Created by: Chain
Developed by
Account Number R005297
Parcel Number 212736100052
Acres 28
Land SqFt 0
Tax Area 020
2019 Mill Levy 74.6820
Physical Address 0
SILT 81652
Owner Address RED DOG LLC
1011 MAIN STREET
CARBONDALE CO 81623
2019 Total Actual Value $12,680 Last 2 Sales
Date Price
11/4/2019 $0
10/22/2019 $0
Date created: 7/29/2022
Last Data Uploaded: 7/29/2022 4:53:27 AM
5,998 ft
Overview
Legend
Parcels
Roads
Highways
Limited Access
Highway
Major Road
Local Road
Minor Road
Other Road
Ramp
Ferry
Pedestrian Way
Lakes & Rivers
County Boundary
Line
MOUNTAIN VIEW SKETCH PLAN 3
00 1000'2000'
Scale: 1" = 1000'Town of Silt
Silt Mesa Road
Site
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Proj #:
File:
Scale:923 Cooper Avenue
Suite 201
Glenwood Springs, CO 81601
tele: 970.945.5252
fax: 970.384.2833
1"= 1000'
Garfield County, Colorado
09016-V-Plat.dwg
Mountain View Subdivision09016
Terry Kirk
Vicinity Map
2/7/23
MOUNTAIN VIEW SKETCH PLAN 4
follow their way through the system. The application was tabled while the application went through
Water Court, which took over 2 years. It was eventually dropped from the Counties agenda because of
the length of time; and therefore never received formal approval. The water court case was resolved
during the Kirks ownership but because of the Great Recession the application was not pursued for
approval.
3. Project Site
The site is 27.52 acres in size and is rectangular in shape. The property is generally flat with no hills,
ridgelines or other such features. It has a gentle slope from north to south at 3 to 4%. The property has
legal access from 2 sides. On the eastern boundary is County Road 261 which is an improved County
Road. The property’s west boundary is adjacent to Columbine Lane, a private road associated with the
Peach Valley Orchard subdivision.
H P Geotech ( Now HP-Kumar) did a preliminary geologic assessment in November 1999. The report is
included as Exhibit C. The report notes the property is on a pediment alluvial surface. The report
indicates that the property is suitable to development and….” Not exposed to debris flow, landslides,
rock fall or general subsidence hazards”. There was some shallow groundwater found with the
investigation. Basement level construction may need to be limited but this will be determined in more
detail as we move forward through the Preliminary Plan Stage.
An Improvement Survey Plat is provided in the adjacent page. The Survey shows 1 foot topographic
contours and all easements associated with the property.
4. Sketch Plan Summary Information
The chart below shows relevant summary information for the sketch plan as presently laid out:
Mountain View Sketch Plan Summary Information
Lot # Size Access
4A 6.787 Private Road from CR 261
4B 6.467 Private Road from CR 261
4C 5.642 Private Road from CR 261
4D 3.882 Private Road from CR 261
4E `4.0 Columbine Road (private)
Zoning: Rural
Water: 2 enlargements to the Simon Well approved per Augmentation Plan
Septic: OWTS for each lot
Irrigation: provided by Mountain View Infrastructure
Access: previously noted
MOUNTAIN VIEW SKETCH PLAN 5
Total Acreage: 27.52
Ave. Lot Size: 5.504 Ac.
All associated infrastructure with the project including any enlargements to the Simon Well No.1/new
well and domestic water infrastructure, irrigation infrastructure, private road and all necessary utility
work will the undertaken by the developer, Red Dog LLC. At this point in time it is foreseen that
residential construction on any of the lots in Lot 4 of the Simon Subdivision Exemption will be the
responsibility of a private lot owner or developer. An individual OWTS for any of the lots will occur
concurrently with application or Building permit.
Any impact fees or School Dedication fees will be undertaken according to the Garfield County LUDC
procedures. The Applicant will coordinate with the Colorado River Fire & Rescue during the Preliminary
Plan stage to meet all concerns related to fire protection and mitigation as well as emergency access.
MOUNTAIN VIEW SKETCH PLAN 6
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LOT 4
27.52 AC.
(VACANT)
Lot 1
Simon Subd. Exemption
Robert & Sylvia Maclaughlin
PO BOX 493
Silt, CO 81652
Lot 2
Simon Subd. Exemption
Kristin & William Howard
830 County Road 250
Silt, CO 81652Lot 12
Peach Valley Orchard Subd.
Martin Munoz & Maria Toole
1 Columbine Lane
Silt, CO 81652
Lot 14
Peach Valley Orchard Subd.
Loreto Ayala Villaman & Ayala Moroyoqui
68 Larkspur Court
Silt, CO 81652
Lot 19
Peach Valley Orchard Subd.
Nathan & Kelsey Miller
383 Columbine Lane
Silt, CO 81652
Lot 20
Peach Valley Orchard Subd.
Primitivo & Elsa Ochoa
256 Columbine Lane
Silt, CO 81652
Lot 21
Peach Valley Orchard Subd.
Kelly Mckee
755 County Road 261
Silt, CO 81652
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Lot 3
Simon Subd. Exemption
Tommy and Susan Junge
POB 827
Silt, CO 81652
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75' ROAD EASEMENT FOR ACCESS TO LOT 4,
SIMON SUBD. EXEMPTION PER DECLARATIONS
IN DOC. 546583, JUNE 3, 1999.IRRIGATION POND
GREENHOUSE
15' WIDE
GRAVEL DRIVE
FENCE
ELECTRIC METER
RECOVERED 3' WITNESS CORNER
NO. 4 REBAR W/ YELLOW PLASTIC
CAP "WC 13501"
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RECOVERED NO. 4 REBAR W/
YELLOW PLASTIC CAP "13501"
RECOVERED NO. 4 REBAR W/
YELLOW PLASTIC CAP "13501"
TELEPHONE PAD
WATER SERVICE
FENCE
RECOVERED NO. 4 REBAR W/
YELLOW PLASTIC CAP "13501"
RECOVERED NO. 4 REBAR W/
YELLOW PLASTIC CAP "13501"
RECOVERED NO. 4 REBAR W/
YELLOW PLASTIC CAP "13501"
RECOVERED WITNESS CORNER
SGM ALUM. CAP "WC 13501"
FENCE MEANDERS OFF AND
ON THE PROPERTY LINE
FENCE MEANDERS OFF AND
ON THE PROPERTY LINE
FENCE
FENCE MEANDERS OFF AND
ON THE PROPERTY LINE
DITCH (SEE NOTE 12)
DITCH (SEE NOTE 12)
DITCH (SEE NOTE 12)
DITCH (SEE NOTE 12)
DITCH (SEE NOTE 12)
GRAVEL DRIVESHARED DRIVEWAY
655.78'
22.5'ELECTRIC PAD
63
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20' EASEMENT FOR DRAINAGE AND
DITCH PURPOSES (SEE NOTE 15)
20' EASEMENT FOR DRAINAGE AND
DITCH PURPOSES (SEE NOTE 15)
DITCH (SEE NOTE 12)
15' EASEMENT FOR DRAINAGE AND
DITCH PURPOSES (SEE NOTE 15)
C/L 15' EASEMENT TO PUBLIC
SERVICE COMPANY OF
COLORADO (SEE NOTE 18)
17.6'
25.2'
31.0'
9.
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FENCEFENCE
30"Ø CMP
OVERHEAD ELECTRIC LINE
ACCESS
ACCESS
NORTH
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923 Cooper Avenue
Suite 201
Glenwood Springs, CO 81601
tele: 970.945.5252
fax: 970.384.2833
Engineer or Surveyor
Seal
Sheet
Client Information:
PROJECT NO.
FILE NAME:
Designer:
Drafter:
Date:
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5/18/22
APL
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09016-v-topo.dwg
09016
xxx.xxx.xxxx
Carbondale, CO 81623
1011 Main St.
Red Dog LLC.
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Scale: 1" = 100'
NOTICE:
ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION
BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU
FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY LEGAL ACTION BASED
UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS
FROM THE DATE OF THE CERTIFICATION SHOWN HEREON.
Improvement Survey Plat
Lots 4, Simon Subdivision Exemption
County of Garfield,
State of Colorado
X X X X X EXISTING FENCE
PROPERTY/RIGHT-OF-WAY LINE
EXISTING BUILDING LINE
LEGEND
7890
EXISTING 1' CONTOUR
EXISTING 5' CONTOUR
EXISTING WATER SERVICE/SHUTOFFWSO
E
FOUND #4 REBAR WITH ALUMINUM CAP
SURVEY NOTES
1. THIS SURVEY WAS PREPARED WITH THE USE OF A CURRENT TITLE COMMITMENT PROVIDED BY LAND TITLE GUARANTEE COMPANY (ORDER NO. GW63018795,
DATED MAY 06, 2022) AND DOES NOT CONSTITUTE A TITLE SEARCH BY BOUNDARIES UNLIMITED INC. TO DETERMINE TITLE OR EASEMENTS OF RECORD.
2. THIS PLAT WAS PREPARED FOR THE EXCLUSIVE USE OF RED DOG LLC NAMED IN THE STATEMENT HEREON. SAID STATEMENT DOES NOT EXTEND TO ANY
UNNAMED PERSON WITHOUT AN EXPRESS STATEMENT BY THE SURVEYOR NAMING SAID PERSON.
3. THIS SURVEY IS VALID ONLY IF PRINT HAS THE SEAL AND ORIGINAL SIGNATURE OF SURVEYOR.
4.BASIS OF BEARINGS: N1°07'25"E BETWEEN THE ALUMINUM CAP FOUND AT THE E1/4 CORNER (L.S. 13501) AND THE SGM ALUMINUM CAP FOUND AT THE NE
CORNER OF SECTION 36.
5. DATE OF FIELDWORK: APRIL 5, 2022.
6. UNITS OF MEASURE FOR ALL DIMENSIONS SHOWN HEREON IS U.S. SURVEY FEET.
7. SITE BENCHMARK: TOP OF ALUMINUM CAP (3' WITNESS CORNER) AT NORTHEAST PROPERTY CORNER, ELEVATION 5841.86 (NAVD 88 DATUM). CONTOUR
INTERVAL = 1 FOOT. CONTOURS SHOWN ARE FROM 2016.
8. SUBJECT PROPERTY IS ZONED RURAL WITH THE FOLLOWING SETBACKS:
8.1. FRONT YARD: 25-FEET;
8.2. REAR YARD: 25-FEET;
8.3. SIDE YARD: 10-FEET.
9. NO EXCAVATIONS WERE MADE DURING THE PROCESS OF THIS SURVEY TO LOCATE BURIED UTILITIES AND/OR STRUCTURES. ALL UNDERGROUND UTILITIES
SHOULD BE FIELD LOCATED BY THE APPROPRIATE UTILITY COMPANY PRIOR TO ANY CONSTRUCTION OR EXCAVATION ON OR ADJACENT TO THE SUBJECT
PROPERTY.
10. ANY PERSON WHO KNOWINGLY REMOVES, ALTERS OR DEFACES ANY PUBLIC LAND SURVEY MONUMENT AND/OR BOUNDARY MONUMENT OR ACCESSORY,
COMMITS A CLASS TWO (2) MISDEMEANOR PURSUANT TO STATE STATUTE C.R.S. SEC. 18-4-508.
11. THE WORD "CERTIFY" AS SHOWN AND USED HEREON MEANS AN EXPRESSION OF PROFESSIONAL OPINION REGARDING THE FACTS OF THIS SURVEY AND DOES
NOT CONSTITUTE A WARRANTY OR GUARANTEE, EXPRESSED OR IMPLIED.
12. RESERVATION OF DITCH RIGHTS AS CONTAINED IN INSTRUMENT RECORDED , FEBRUARY 25, 1910 IN BOOK 79 AT PAGE 407 AFFECT SUBJECT PROPERTY. THE
DEED COVERS 240 ACRES APPROXIMATELY UPHILL OF PROPERTIES TO SOUTH RECEIVING IRRIGATION WATERS BY THIS DEED.
13. TERMS, CONDITIONS AND PROVISIONS OF OIL AND GAS LEASE RECORDED MARCH 17, 2006 IN BOOK 1780 AT PAGE 766 EXPIRED IN FIVE (5) YEARS, 2011.
ASSIGNMENT OF OIL AND GAS LEASES RECORDED JULY 6, 2007 IN BOOK 390 AT PAGES 390 AND 392 MAY AFFECT SUBJECT PROPERTY.
14. TERMS, CONDITIONS AND PROVISIONS OF QUIT CLAIM RECORDED OCTOBER 4, 1999 IN BOOK 1153 AT PAGE 743 AFFECT SUBJECT PROPERTY.
15. EASEMENTS AND NOTES ON THE PLAT OF SIMON SUBDIVISION EXEMPTION PLAT (GARFIELD COUNTY RESOLUTION RECORDED APRIL 20, 1999 IN BOOK 1125
AT PAGE 434) RECORDED APRIL 21, 1999 UNDER RECEPTION NUMBER 544219.
16. TERMS, CONDITIONS PROVISIONS AND OBLIGATIONS OF GRANT OF EASEMENTS AND DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
RECORDED JUNE 3, 1999 IN BOOK 1133 AT PAGE 54 AFFECT SUBJECT PROPERTY.
17. TERMS, CONDITIONS PROVISIONS AND OBLIGATIONS OF PAID UP OIL AND GAS LEASE RECORDED JUNE 24, 2011 UNDER RECEPTION NUMBER 804309
AFFECTED SUBJECT PROPERTY MAY 02, 2011, IT EXPIRED IN FIVE (5) YEARS, 2016.
18. EASEMENT TO PUBLIC SERVICE COMPANY OF COLORADO RECORDED OCTOBER 10,2018 UNDER RECEPTION NUMBER 912741 IS SHOWN ON SURVEY.
SURVEYOR'S CERTIFICATE
I, STEVEN L. SMITH, BEING A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, DO HEREBY
CERTIFY TO RED DOG LLC THAT THIS IS AN IMPROVEMENT SURVEY PLAT AS DEFINED BY C.R.S. 38-51-102(9), AND THAT IT IS A MONUMENTED LAND SURVEY
SHOWING THE CURRENT LOCATION OF ALL STRUCTURES, VISIBLE UTILITIES, FENCES, HEDGES, OR WALLS SITUATED ON THE DESCRIBED PARCEL AND WITHIN FIVE
FEET OF ALL BOUNDARIES OF SUCH PARCEL, ANY CONFLICTING BOUNDARY EVIDENCE OR VISIBLE ENCROACHMENTS, AND ALL EASEMENTS, UNDERGROUND
UTILITIES, AND TUNNELS FOR WHICH PROPERLY RECORDED EVIDENCE IS PROVIDED LAND TITLE GUARANTEE COMMITMENT FOR TITLE INSURANCE (ORDER NO.
GB63000653, DATED JULY 18, 2007), OR OTHER SOURCES AS SPECIFIED ON THE IMPROVEMENT SURVEY PLAT.
BY: STEVEN L. SMITH, REGISTERED LAND SURVEYOR
COLORADO. NO. 25642
FOR AND ON BEHALF OF BOUNDARIES UNLIMITED INC.
COUNTY SURVEYOR'S CERTIFICATE
DEPOSITED THIS DAY OF , 2022, AT O'CLOCK M., IN BOOK OF THE COUNTY
SURVEYORS LAND SURVEY PLATS/RIGHT-OF-WAY SURVEYS AT PAGE , RECEPTION NO. .
THIS IMPROVEMENT SURVEY PLAT APPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF SURVEYS, CALCULATIONS OR DRAFTING. COMPILES
WITH SECTION 38-51-101 AND 102 COLORADO REVISED STATUTES.
GARFIELD COUNTY SURVEYOR DATE
EXISTING ELECTRIC PAD
25642
ST E V E N L. SM
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18 MAY 2022
7889
Vicinity Map
1" = 4,000'
LEGAL DESCRIPTION
LOT 4, SIMON SUBDIVISION EXEMPTION,
R. N. 544219
TBD County Road 261
Lot 4 - Simon Subdivision Exemption
County of Garfield,
State of Colorado
Parcel No: 2127-361-00-052
EXISTING GRAVEL DRIVE
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Silt
MOUNTAIN VIEW SKETCH PLAN 7
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Lot 4-E
174246 sf
4.000 Ac±
SCF
SC
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SCF
SC
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SCF
SCF
SCF
SCF
SCF
SCF SCF SCF SCF
Lot 4-A
295648 sf
6.787 Ac±
Lot 4-C
245762 sf
5.642 Ac±
W SO
2''
W
BOV >
5804
5806 5806
5804
58
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Parcel No.
2127-361-00-049
Parcel No.
2127-361-00-050
Parcel No.
2127-361-01-003
Parcel No.
2127-361-01-001
(A
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Parcel No.
2127-361-00-051
EX. GREENHOUSE
75' ROAD EASEMENT FOR ACCESS TO
LOT 4, SIMON SUBD. EXEMPTION PER
DECLARATIONS (RN 546583)
15' EASEMENT FOR DRAINAGE
AND DITCH (RN 544219)
20' EASEMENT FOR DRAINAGE
AND DITCH (RN 544219)20' EASEMENT FOR DRAINAGE
AND DITCH (RN 544219)
20' EASEMENT FOR DRAINAGE
AND DITCH (RN 544219)
20' EASEMENT FOR
DRAINAGE AND DITCH
DEDICATED WITH THIS PLAT
40' RIGHT-OF-WAY
EX. VALVE
EX. PVO HOA WATERLINE
EX. PVO HOA WATERLINE
FOUND 3.2' WITNESS CORNER NO.
4 REBAR W/ PC "WC 13501"
FOUND NO. 4 REBAR
& PC "13501"
FOUND NO. 4 REBAR
& PC "13501"
FOUND NO. 4 REBAR
& PC "13501"
FOUND NO. 4 REBAR
& PC "13501"
FOUND NO. 4 REBAR
& PC "13501"
FOUND NO. 4 REBAR
& PC "13501"
EX. FENCE
EX. FENCE
EX. LINED IRRIGATION POND
(EDGE OF LINER)
EX. GRAVEL DRIVE
EX. FENCE
TO BE REMOVED
EX. ELECTRIC METERS
EX. FENCE
EX. IRRIGATION
PUMPHOUSE
EX. TELEPHONE PED.
EX. FENCE
EX. DITCH
EX. DITCH
EX. DITCH
DITCH
EX.DITCH
EX. GRAVEL DRIVE
SHARED
DRIVEWAY
EX. ELECTRIC
TRANSFORMER
EX. FENCE
EX. 30"Ø CMP
EX. OVERHEAD
UTILITY LINE
EX. ACCESS
EX. ACCESS W/
CONCRETE APRON
& 15"Ø CMP
EX. ELECTRIC TRANSFORMER
EX. FENCE
UTILITY & IRRIGATION
EASEMENT (INSTALL
FENCE)
INSTALL 2"Ø TEE & VALVES
INSTALL 1"Ø SERVICE
W/ SHUTOFF VALVE
INSTALL 570 LF 2"Ø HDPE
POTABLE WATER LATERAL
APPROX. LOCATION OF PEACH VALLEY
ORCHARD (PVO) HOA WATER SUPPLY
SYSTEM (WELL, 10000-GAL. TANK,
AND PRESSURE VAULT)
PROPOSED GRAVEL
DRIVE (SEE DETAIL)
EX. WATER SERVICE
(SHUTOFF VALVE & SPIGOT)
TO REMAIN
EX. ELECTRIC
PANEL TO REMAIN
RETIRE EX. WATER
SERVICE (SHUTOFF
VALVE & SPIGOT)
EXISTING SURFACE
PROPOSED SURFACE
INSTALL POTABLE WATER
BLOWOFF (SEE DETAIL)
10' DRAINAGE &
UTILITY EASEMENT
50' DRAINAGE &
UTILITY EASEMENT
10' DRAINAGE &
UTILITY EASEMENT
BIORETENTION FACILITY
BASE AREA: 300 SF
SIDE SLOPES: 3:1
BASE ELEV: 5804.0'
TOP ELEV: 5806.0'
WEIR/OVERFLOW WIDTH: 12"
WEIR/OVERFLOW ELEV: 5803.5'
10' DRAINAGE &
UTILITY EASEMENT
INSTALL TRANSFORMER
& TELECOMM PED.
INSTALL 1"Ø POTABLE WATER
SERVICE W/ SHUTOFF VALVE
EXTEND ELECTRIC & IRRIGATION TO
LOT 4-E. MAINTAIN 10' MIN.
SEPARATION BETWEEN THE IRRIGATION
AND THE EX/PR. POTABLE WATER.
INSTALL 2"Ø IRRIGATION
SERVICES W/ SHUTOFF VALVE
INSTALL 1"Ø POTABLE WATER
SERVICE W/ SHUTOFF VALVE
INSTALL 2"Ø IRRIGATION
SERVICES W/ SHUTOFF VALVE
INSTALL 1"Ø POTABLE WATER
SERVICE W/ SHUTOFF VALVE
INSTALL 2"Ø IRRIGATION
SERVICES W/ SHUTOFF VALVE
INSTALL 2"Ø IRRIGATION
SERVICES W/ SHUTOFF VALVE
RETIRE EX. WATER
SERVICE (SPIGOT)
RETIRE EX.
ELECTRIC PANEL
RETIRE EX.
ELECTRIC PANEL
EX. ELECTRIC
PANEL TO REMAIN
INSTALL TEMPORARY SEDIMENT
CONTROL FENCING ALONG THE
LOWER LIMITS OF ALL DISTURBANCES
CONSTRUCT 18" DEEP OVERFLOW
SWALE WITH 3:1 SIDE SLOPE. INSTALL
TEMPORARY EROSION CONTROL LOGS
EVERY 50 LF ACROSS THE SWALE.
CAP THE EX. WESTERLY
WATERLINE EXTENSION
INSTALL 2"Ø SCH.40 PVC IRRIGATION
MAIN, MAINTAIN 10' MIN. SEPARATION
BETWEEN THE IRRIGATION AND THE
EX/PR. POTABLE WATER.
HWL
HW
L
HW
L
H
W
L
HWL
HW
L
HW
L
58
1
0
58
1
2
58
1
4
58
0
8
Lot 4-B
281698 sf
6.467 Ac±
Lot 4-D
169252 sf
3.885 Ac±
NOTES:
THIS PLAN SET IS INTENDED TO BE PLOTTED IN
COLOR. FAILURE TO DO SO MAY RESULT IN MISSING
DATA & INFORMATION CRITICAL TO THE PROJECT.
SITE PLAN
Mountain View Subdivision
A TRACT OF LAND SITUATED IN THE NE 1/4 NE
1/4 OF SECTION 36, TOWNSHIP 5, RANGE 92
WEST OF THE 6TH PRINCIPAL MERIDIAN,
COUNTY OF GARFIELD, STATE OF COLORADO
00 60'120'
Scale: 1" = 60'
NORTH
By
Re
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No
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Da
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923 Cooper Ave., Ste. 201
Glenwood Springs, CO 81601
(T) 970.945.5252
www.bu-inc.com
Engineer or Surveyor Seal
Sheet
Client Information:
PROJECT NO.
File Name:
Designer:
Drafter:
Date:
N:
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Subsurface Utility Engineering (SUE)
Required Project:
If "Yes", SUE Certification by:
Firm:
Job #:
Date:
9.8.7.6.5.4.3.2.
8/14/23
DJW
DJW
09016-sketch.dwg
09016.03
480.216.2067
CARBONDALE, CO 81623
1011 MAIN STREET
TERRY KIRK
GA
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C.1
No
N/A
N/A
N/A
Scale: N.T.S.
Gravel Road Section
1.5' MIN.
6" COMPACTED CLASS 6
AGGREGATE BASE COURSE
20' MIN.
( 8' LANES WITH
2' SHOULDERS)
3:1
M
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.
SCARIFY THE SUBGRADE AND
RECOMPACT TO 95%
STANDARD PROCTOR
3:1 M
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4'.5 4.5
1.5' MIN.
4'.54.5'
3:1
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3:1 M
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.
3'
6:1 MAX
.
3%
LEGEND
PROPERTY LINE
EXISTING EASEMENT
CENTERLINE
EXISTING FENCE
EX./PR FLOWLINE (DITCH OR GULCH)
T EX. TELECOMMUNICATIONS PEDESTAL
EX./PR. ELECTRIC TRANSFORMER
EX. UTILITY POLE
MONUMENT FOUND
MONUMENT TO BE SET WITH THIS PLAT
PROPOSED ELECTRIC
EXISTING SANITARY SEWER
EXISTING POTABLE WATER LINE/SIZE
EXISTING CULVERT/SIZE36''Ø
2''W 2''W
T T
E E
>>
X
10' CONTOUR
1' CONTOUR5402
5400
RW RW EXISTING IRRIGATION MAIN/LATERAL
2''W PROPOSED 2"Ø POTABLE WATER LATERAL/VALVE
E
PROPOSED EASEMENT
WS WS WS PROPOSED 1"Ø POTABLE WATER SERVICEWSO
W SO EXISTING POTABLE WATER SERVICE/SHUTOFF/SPIGOTWSWS
EXISTING ELECTRIC-BURIEDEE
EXISTING ELECTRIC-OVERHEADOEOE
EX. ELECTRIC PANELEP
kWh
EX. UTILITY POLEkWh
IR
2''RW PROPOSED 2"Ø IRRIGATION MAIN/LATERALIR
PROPOSED TELECOMMUNICATIONSTT
E
TEMPORARY SEDIMENT CONTROL FENCESCF
NOTES:
1. ALL DISTURBED AREAS ARE TO BE SEEDED WITH A GARFIELD COUNTY APPROVED NATIVE GRASS SEED MIXTURE
USING COUNTY APPROVE APPLICATION GUIDELINES.
CDOT REGION 3 NATIVER SEED MIX FOR ELEVATIONS BELOW 6500-FEET
COMMON NAME BOTANICAL NAME LBS. PLS/ACRE
AMERICAN SLOUGHGRASS BECKMANNIA SYZIGACHNE 1.5* (WET AREAS)
SAND DROPSEED SPOROBOLUS CRYPTANDRUS 0.25
ALKALI SACATON SPOROBOLUS AIROIDES 0.5
INDIAN RICEGRASS ACHNATHERUM HYMENOIDES “RIMROCK” OR “PALOMA” 3.0
SIDEOATS GRAMA BOUTELOUA CURTIPENDULA “VAUGHN” 3.0
LITTLE BLUESTEM SCHIZACHYRIUM SCOPARIUM “CIMARRON” 3.0
GALLETA GRASS P LEURAPHIS JAMESII “VIVA” 3.0
TOTAL 14.25
2. PROPOSED UTILITIES ARE SHOW FOR GENERAL REFERENCE. THE CONTRACTOR SHALL COORDINATE DIRECTLY
WITH UTILITY PROVIDERS AND INSTALL ALL SYSTEM PER PROVIDER GUIDANCE, STANDARDS AND SPECIFICATIONS.
Review
C
TCURTS
N
O
NOI
FTON R
O
MOUNTAIN VIEW SKETCH PLAN 8
5.Compliance with Comprehensive Plan
SILT COMPREHENSIVE PLAN
The Silt Comprehensive Plan 2017 does have a 3 Mile Area Plan, though it is a bit unique. Most 3 Mile
Area Plans circle the municipal limits with a 3-mile line and sometimes provide Future Land Use
Designations. The Town of Silt prioritizes their growth into 3 tiers. Tier I is a priority growth area that is
for properties that lie within ½ mile of existing town services. Tier II is called the Silt Secondary Growth
Boundary. There is sufficient land to serve what is estimated to be 25 years of growth and existing
infrastructure within 1 mile of the municipal boundaries. The plan states: “..there are limitations to
growth in this tier and a gradual progression of growth from Tier I and II is recommended to integrate
new development and extend necessary infrastructure”.
The subject property would be within Tier III. The plan notes that the Town should enter into IGA’s with
existing municipalities and Garfield County to help ensure the Town has input regarding potential
development applications etc.
MOUNTAIN VIEW SKETCH PLAN 9
As has become recently apparent, Silt has municipal water plant infrastructure issues and of course
should not be extending its water system for any reason until appropriate action has been taken. This
development plan would appear to be in compliance with the Silt Comprehensive Plan as the proposal
intends to provide its own water and wastewater, does not need municipal infrastructure and is being
developed in accordance with County Zoning. Municipal densities are not required and would not be
advisable based on the pattern of development and density on neighboring properties. It is our
understanding that the County will forward this land on to the Town of Silt staff for their input.
GARFIELD COUNTY COMPREHENSIVE PLAN
The development proposal is in compliance with the Current Comprehensive Plan – Garfield County
Comprehensive Plan – 2030 – update 2020. The plan designates this area as Residential Medium High
(RMH)
MOUNTAIN VIEW SKETCH PLAN 10
_____________________________________________________________________________________
Future Land Use
Designation
Residential Medium High (RMH)
Description
Small farms, estates, residences and clustered residential subdivisions.
Compatible
Zoning District(s) Rural (R); Planned Unit Development (PUD)
Density of
Residential Uses 1 dwelling unit per 2 to 6-acres. Within this range, density is determined by the degree of
clustering and the amount and quality of land preserved in open condition.
Illustrative
Example
_____________________________________________________________________________________
We could provide further analysis upon request related to the County Comprehensive Plan 2030 various
goals and objectives. We will do so upon request but our analysis at this time indicates that the proposal
meets the Silt Comprehensive Plan and the County Comprehensive Plan.
MOUNTAIN VIEW SKETCH PLAN 11
6.Water Rights and Supply
The Simon Well No.1 provides domestic water for Lots 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 23, 24,
and 25 of the Peach Valley Orchard subdivision as well as the Lot 4 Simon Subdivision Exemption (SSE).
Lot 4 of the SSE is entitled to 8/25 share in the well. The well is located at the northern, common
boundary of Lots 1 and 2 of the SSE. During the previous applications for the Preliminary Plan for Lot 4
of the SSE when owned by 527 North, the County Engineer and the State Water Engineer expressed
concerns about there being an adequate legal water supply for Lot 4 as it develops. Therefore, an
augmentation plan was submitted. As noted earlier, it took a long time to proceed through water court.
Eventually, the water augmentation plan was approved, and the case was bifurcated into 2 court cases.
The application was to adjudicate 2 enlargements to the Simon Well No.1. The 2 Water Court decrees
are included in Exhibit E. Also included in Exhibit E is an extensive letter from Sara Dunn of Balcomb
Green explaining the water rights and due diligence undertaken for the Water Supply Plan.
7.Visual Analysis
Section 5-402.H requires a visual analysis to be submitted with each Sketch Plan application. As noted,
the site is relatively flat and drops off gently from north to south. The subject property does not have
any ridges, hills, slopes etc. The ridges in the adjacent surrounding area are to east related to the Grand
Hogback formation and also to the north in the direction of Harvey Gap. But the subject property is at a
considerable distance from these formations.
In order to show this, we’re providing 4 Arial views from each direction. As readily apparent there will
not be any structures that create an impact or have the ability to impact any ridgelines because of
residential development. The only neighbors that would appear to be impacted are the 3 lots of the
Simon Subdivision Exemption which lied to the north. Lots 4A and 4E are closest to these lots but these
sit slightly lower in elevation so that potential impact would be minimal or limited. We will provide
additional information as required with the Preliminary Plat.
MOUNTAIN VIEW SKETCH PLAN 12
MOUNTAIN VIEW SKETCH PLAN 13
MOUNTAIN VIEW SKETCH PLAN 14
MOUNTAIN VIEW SKETCH PLAN 15
MOUNTAIN VIEW SKETCH PLAN 16
8.Article 7 Standards
This section will address compliance with Article 7 standards that are appropriate at this time related to
Sketch Plan Application. We will respond in more detail to these and other Article 7 Standards at time of
the Preliminary Plan Application.
DIVISION 1 – GENERAL APPROVAL STANDARDS
Water and Wastewater
•The property is too far away to be served by any public water and wastewater public systems.
•As noted in the application, there is an approved Water Augmentation Plan; so there is a legal
source of water.
•The Applicant will provide more detail at the time of Preliminary Plan when there will be more
planning and design/engineering related to the physical source of water.
•Each individual lot will be responsible for designing and providing their own OWTS System.
Section 7 – 107 – roads
•The interior Road serving 4 lots will be a semi-primitive road and will meet standards in the
LUDC.
Section 7 – 108 Natural Hazards
•There are no known significant natural hazards that affect the property.
Section 7 – 109 – Fire Protection
•The Applicant will work during the Preliminary Plan with the Fire Marshall for Colorado River
Fire and Rescue to determine and provide for fire protection needs.
DIVISION 2 – GENERAL RESOURCE Protection STANDARDS
Section 7 – 201 – Agricultural Lands
•The owner recently had a tenant who was utilizing the property for agricultural purposes.
•Lot 4 of the Simon Subdivision Exemption has been planned for development for over 20 years.
•Most of the adjacent property is part of the Peach Valley Orchard Subdivision and is used for
rural residential purposes.
•The Applicant will comply with all County guidelines to protect agricultural uses in the
surrounding area.
Section 7 – 202 - Wildlife Habitat Areas.
•To our understanding there’s no critical wildlife habitat on this particular property.
•The applicant will coordinate with CPW on wildlife related issues and provide this information as
part of the Preliminary Plan.
Section 7 – 203 – Protection of Waterbodies
MOUNTAIN VIEW SKETCH PLAN 17
•There are no natural bodies of water on the subject property.
Section 7 – 206 – Wildfire Hazards
•The subject property is rated as a Low Wildfire Hazard
Section 7 – 207 – Natural and Geologic Hazards
•The subject Property is not subject to significant natural or geologic hazards.
DIVISION 3 – SITE PLANNING AND DEVELOPMENT STANDARDS.
Section 7 – 204 – Lighting Standards
•Development of the property will comply with all County lighting standards
Section 7 – 206 – Trail and Walkway Standards
•Development density is relatively low and no trails or Public sidewalks are proposed.
DIVISION 4 – SUBDIVISION STANDARDS AND DESIGN SPECIFICATIONS
•Section 7 – Division 4 will be addressed at time of Preliminary Plan.
9.Mineral Rights
Our research indicates that the mineral rights have not been severed with the property. We first
examined all documentation in the B-2 exceptions of the current title commitment. There were two
leases related to mineral rights:
1.Apollo energy entered into a lease with the previous owners of the property, North 27
(Curriers), for a five-year time period which ended January 9, 2009. The terms of the lease were
than taken over by the new owners (Kirks). The following documents are in Exhibit H.
•Rec # 694178 - lease with North 27 – Apollo
•Rec # 727431 and 727432- Transfer of lease to new owners (Kirks
2.Red Dog LLC entered into a 5-year lease with Antero on May 2, 2011. This lease can be found as
Reception 804309. This lease is also found in Exhibit H.
The time frames for each of these leases expired without any action taken by the lessees.
MOUNTAIN VIEW SKETCH PLAN 18
The second thing we have done is contact the Assessor’s office. They are not actively valuing/tracking
ownership of any severed mineral interest in that particular Section/Township/Range. Finally, it appears
no mineral owner for the subject property has filed a request for notification to be provided in the case
of relevant land-use applications.
MOUNTAIN VIEW SKETCH PLAN 19
EXHIBIT A
Application and Related Forms
EXHIBIT B
Property Ownership Deeds
EXHIBIT C
Geotech Report
EXHIBIT D
Subdivision Sketch Plan Plat
ROW
32209 sf
0.739 Ac±
>
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T
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T
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T
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T
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40' RIGHT-OF-WAY
DEDICATED WITH THIS PLAT
XXXXXXXXXXX
X
X
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X
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X
X
X X X X X X X X
X X X X X X X X
X
X
X
X
X
X
OE
OE
OE
OE
OE
OE
OE
OE
OE
OE
OE
OE
OE
OE
OE
X
X
X
X
X
X
T
2''W2''W2''W2''W
2''W 2''W 2''W 2''W
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>>
>
>
>
>
>
>
>
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>
>
>
>
>
>
>
>
>
>
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E E E E E E E E
E
E
E
E
E
E
E
E
E
1.5''W 1.5''W 1.5''W 1.5''W
E
EX. GREENHOUSE
PARCEL CURVE DATA
SEGMENT
C1
C2
C3
C4
C5
C6
C7
LENGTH
272.27'
265.10'
26.28'
77.08'
146.12'
48.80'
97.33'
RADIUS
1520.00'
1480.00'
30.00'
50.00'
85.00'
85.00'
85.00'
DELTA
10°15'47"
10°15'47"
50°11'38"
88°19'58"
98°29'50"
32°53'35"
65°36'15"
TANGENT
136.50'
132.91'
14.05'
48.57'
98.64'
25.09'
54.78'
CHORD DIR.
S85° 59' 30"W'
S85° 59' 30"W'
S26° 45' 51"W'
S45° 50' 01"W'
S49° 53' 28"E'
S82° 41' 36"E'
S33° 26' 41"E'
CHORD LEN.
271.90'
264.75'
25.45'
69.67'
128.78'
48.13'
92.10'
2'
'
W
2'
'
W
2'
'
W
2'
'
W
2'
'
W
2'
'
W
2'
'
W
2'
'
W
2'
'
W
2'
'
W
2'
'
W
2'
'
W
2'
'
W
2''W 2''W 2''W 2''W 2''W 2''W 2''W 2''W 2''W 2''W 2''W 2''W 2''W
2'
'
W
2'
'
W
2'
'
W
2''W
75' ROAD EASEMENT FOR ACCESS TO
LOT 4, SIMON SUBD. EXEMPTION PER
DECLARATIONS (RN 546583)
15' EASEMENT FOR DRAINAGE
AND DITCH (RN 544219)
20' EASEMENT FOR DRAINAGE
AND DITCH (RN 544219)20' EASEMENT FOR DRAINAGE
AND DITCH (RN 544219)
20' EASEMENT FOR DRAINAGE
AND DITCH (RN 544219)
20' EASEMENT FOR
DRAINAGE AND DITCH
DEDICATED WITH THIS PLAT
Parcel No.
2127-361-00-049
Parcel No.
2127-361-00-050
Parcel No.
212736101009
Parcel No.
2127-361-01-010
Parcel No.
2127-361-01-005 Parcel No.
2127-361-01-003
Parcel No.
2127-361-01-001
Parcel No.
2125-311-00-046
Parcel No.
2127-361-00-051
(A
S
P
H
A
L
T
R
O
A
D
)
Co
u
n
t
y
R
o
a
d
#
2
6
1
Co
l
u
m
b
i
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e
L
a
n
e
(G
R
A
V
E
L
R
O
A
D
)
W SO
WSO
EP
EP
kWhkWhkWh
EP
EP
EP
E
10' DRAINAGE & UTILITY EASEMENT
DEDICATED WITH THIS PLAT
Lot 4-E
174246 sf
4.000 Ac±
Lot 4-A
295648 sf
6.787 Ac±
Lot 4-C
245762 sf
5.642 Ac±
50' DRAINAGE & UTILITY EASEMENT
DEDICATED WITH THIS PLAT
10' DRAINAGE & UTILITY EASEMENT
DEDICATED WITH THIS PLAT
10' DRAINAGE & UTILITY EASEMENT
DEDICATED WITH THIS PLAT
E
E
E
E
E
E
E
WSO
HWL
HW
L
HWL
HW
L
APPROX. LOCATION OF PEACH VALLEY
ORCHARD (PVO) HOA WATER SUPPLY
SYSTEM (WELL, 10000-GAL. TANK,
AND PRESSURE VAULT)
S1
°
0
7
'
2
5
"
W
4
5
4
.
4
0
'
(
T
I
E
)
(B
A
S
I
S
O
F
B
E
A
R
I
N
G
)
20' POTABLE UTILITY EASEMENT
DEDICATED WITH THIS PLAT
FOUND 3.2' WITNESS CORNER NO.
4 REBAR W/ PC "WC 13501"
FOUND NO. 4 REBAR
& PC "13501"FOUND NO. 4 REBAR
& PC "13501"
FOUND NO. 4 REBAR
& PC "13501"
FOUND NO. 4 REBAR
& PC "13501"
FOUND NO. 4 REBAR
& PC "13501"
FOUND NO. 4 REBAR
& PC "13501"
FOUND WITNESS CORNER SGM
ALUM. CAP "WC 13501"
EX. FENCE
EX. FENCE
EX. LINED IRRIGATION POND
EX. GRAVEL DRIVE
EX. FENCE & GATE
TO BE REMOVED
(3) EX. ELECTRIC METERS
EX. FENCE
EX. IRRIGATION
PUMPHOUSE
EX. TELEPHONE PED.
EX. FENCE
EX. DRAINAGE
EX. DRAINAGE
EX. DRAINAGE
EX.DITCH
EX. GRAVEL DRIVE
SHARED DRIVEWAY
EX. ELECTRIC
TRANSFORMER
EX. FENCE
EX. 30"Ø CMP
EX. OVERHEAD UTILITY LINE
EX. ACCESS
EX. ACCESS W/
CONCRETE APRON
& 15"Ø CMP
EX. ELECTRIC TRANSFORMER
IRRIGATION EASEMENT
DEDICATED WITH THIS PLAT
EX. DITCH
EX. ELECTRIC PANEL
EX. ELECTRIC PANEL
EX. SPIGOT & SHUTOFF VALVE
CENTERLINE
PSCOC EASEMENT
N1° 40' 30"W 7.50'
(RN 912741)
CENTERLINE PSCOC EASEMENT
N89° 21' 27"E 655.78'
(RN 912741)
CENTERLINE PSCOC EASEMENT
N0° 38' 33"W 639.22'
(RN 912741)
CENTERLINE PSCOC EASEMENT
S89° 21' 27"W 22.50'
(RN 912741)
S75° 39'
3
4
"
E
93.51'
S1
4
°
2
0
'
2
6
"
W
20
0
.
8
6
'
39.72'
N89° 21' 27"E
98.44'
EX. SHUTOFF VALVE
40
.
0
0
'
44
0
.
7
4
'
686.98'
704.33'
40
7
.
0
1
'
N89° 21' 39"E 1351.83'
S0
1
°
0
7
'
2
4
"
W
88
7
.
7
5
'
S89° 21' 27"W1350.12'
N0
1
°
0
0
'
4
6
"
E
88
7
.
7
8
'
28
5
.
3
8
'
60
2
.
4
0
'
549.21'98.29'
N55°
3
5
'
2
8
"
E
173.8
0
'
S47
°
4
7
'
3
6
"
W
116
.
4
6
'
N52°
3
8
'
0
2
"
E
148.
3
2
'
N42
°
4
3
'
2
0
"
E
61.9
3
'
N29
°
5
2
'
1
3
"
E
341
.
8
9
'
663.14'
S90° 00' 00"W569.66'
S88° 52' 36"E
76.74'C 1
S0
0
°
0
0
'
0
0
"
E
11
1
.
3
4
'
50
.
0
0
'
61
.
3
4
'
S90° 00' 00"W
85.36'
N88° 52' 36"W
76.74'
C 2
C 3
C 4
S80° 51' 37"W
175.99'
26.71'58.65'
N0
0
°
3
8
'
3
3
"
W
32
6
.
1
3
'
N80° 51' 37"E
248.82'
S0
0
°
3
8
'
3
3
"
E
37
3
.
1
6
'
C5
C6
C
7
Lot 4-B
281698 sf
6.467 Ac±
Lot 4-D
169252 sf
3.885 Ac±
14
0
.
0
1
'
SKETCH PLAN
Mountain View Subdivision
A TRACT OF LAND SITUATED IN THE NE 1/4 NE
1/4 OF SECTION 36, TOWNSHIP 5, RANGE 92
WEST OF THE 6TH PRINCIPAL MERIDIAN,
COUNTY OF GARFIELD, STATE OF COLORADO
NOTES
1. THE PURPOSE OF THIS PLAT IS TO SUBDIVIDE THE SUBJECT PROPERTY INTO FIVE (5) PARCELS.
2. BASIS OF BEARING: ALL BEARINGS BASED ON THE LINE BETWEEN A WITNESS CORNER FOR THE NORTHEAST CORNER OF
SECTION 36, REBAR WITH ALUMINUM CAP#WC 13501 , AND A POINT ON THE EAST LINE OF SAID NORTHEAST 1/4 OF THE
NORTHEAST 1/4 OF SECTION 36 HAVING A BEARING OF S01°07'25"W AS SHOWN HEREON.
3. DATE OF SURVEY: MAY 2022.
4. UNITS OF LINEAR MEASUREMENT ARE DISPLACED IN U.S. SURVEY FEET.
5. THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY BOUNDARIES UNLIMITED INC. TO DETERMINE OWNERSHIP OR
EASEMENTS OF RECORD. BOUNDARIES UNLIMITED INC. RELIED UPON LAND TITLE GUARANTEE COMPANY, COMMITMENT
NUMBER GWS63018795, DATED MAY 6, 2022.
6. THE PARCEL IS SUBJECT TO:
a. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND
TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED FEBRUARY 28, 1894, IN
BOOK 12 AT PAGE 299.
b. RESERVATION OF DITCH RIGHTS AS CONTAINED IN INSTRUMENT RECORDED FEBRUARY 25, 1910 IN BOOK 79 AT PAGE 407.
c. TERMS, CONDITIONS AND PROVISIONS OF GARFIELD COUNTY RESOLUTION RECORDED APRIL 20, 1999 IN BOOK 1125 AT
PAGE 434.
d. TERMS, CONDITIONS AND PROVISIONS OF OIL AND GAS LEASE RECORDED MARCH 17, 2006 IN BOOK 1780 AT PAGE 766,
ASSIGNMENT OF OIL AND GAS LEASE RECORDED JULY 6, 2007 IN BOOK 1947 AT PAGE 390 AND RECORDED JULY 6, 2007
IN BOOK 1947 AT PAGE 392 AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
e. TERMS, CONDITIONS AND PROVISIONS OF QUIT CLAIM DEED RECORDED OCTOBER 04, 1999 IN BOOK 1153 AT PAGE 743.
f. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF SIMON SUBDIVISION
EXEMPTION PLAT RECORDED APRIL 21, 1999, UNDER RECEPTION NO. 544219.
g. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF GRANT OF EASEMENTS AND DECLARATION OF COVENANTS,
CONDITIONS, AND RESTRICTIONS RECORDED JUNE 3, 1999 IN BOOK 1133 AT PAGE 54.
h. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF PAID UP OIL AND GAS LEASE RECORDED JUNE 24, 2011 AS
RECEPTION NO. 804309.
i. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF EASEMENT TO PUBLIC SERVICE COMPANY OF COLORADO
RECORDED OCTOBER 10, 2018 AS RECEPTION NO. 912741.
7. ALL NOT-FOUND EXTERIOR AND INTERIOR LOT CORNERS, SHALL BE MONUMENTED BY A NO. 5 REBAR WITH A 1 1/2"
ALUMINUM CAP STAMPED "BU-INC LS 25642".
8. FENCES SHOWN HEREON, IF ANY ARE SHOWN FOR GENERAL REFERENCE AND DO NOT NECESSARILY DEPICT LIMITS OF
OWNERSHIP.
9. CONTROL OF NOXIOUS WEEDS IS THE RESPONSIBILITY OF THE PROPERTY OWNER.
10. NO OPEN HEARTH SOLID-FUEL FIREPLACES WILL BE ALLOWED ANYWHERE WITHIN THE SUBDIVISION. ONE NEW SOLID-FUEL
BURNING STOVE AS DEFINED BY C.R.S. 25-7-401, ET.SEQ., AND THE REGULATIONS PROMULGATED THEREUNDER, WILL BE
ALLOWED IN ANY DWELLING UNIT. ALL DWELLING UNITS WILL BE ALLOWED AN UNRESTRICTED NUMBER OF NATURAL GAS
STOVES AND APPLIANCES.
11. ALL EXTERIOR LIGHTING SHALL BE THE MINIMUM AMOUNT NECESSARY AND THAT ALL EXTERIOR LIGHTING SHALL BE
DIRECTED INWARD AND DOWNWARD, TOWARDS THE INTERIOR OF THE SUBDIVISION, EXCEPT THAT PROVISIONS MAY BE MADE
TO ALLOW FOR SAFETY LIGHTING THAT GOES BEYOND THE PROPERTY BOUNDARIES.
12. COLORADO IS A "RIGHT-TO-FARM" STATE PURSUANT TO C.R.S.35-3-11, ET. SEQ. LANDOWNERS, RESIDENTS AND VISITORS
MUST BE PREPARED TO ACCEPT THE ACTIVITIES, SIGHTS, SOUNDS AND SMELLS OF GARFIELD COUNTY'S AGRICULTURAL
OPERATIONS AS A NORMAL AND NECESSARY ASPECT OF LIVING IN A COUNTY WITH A STRONG RURAL CHARACTER AND A
HEALTHY RANCHING SECTOR. THOSE WITH AN URBAN SENSITIVITY MAY PERCEIVE SUCH ACTIVITIES, SIGHTS, SOUND, AND
SMELLS ONLY AS INCONVENIENCE, EYESORE, NOISE AND ODOR. HOWEVER, STATE LAW AND COUNTY POLICY PROVIDE THAT
RANCHING, FARMING AND OTHER AGRICULTURAL ACTIVITIES AND OPERATIONS WITHIN GARFIELD COUNTY SHALL NOT BE
CONSIDERED TO BE NUISANCES SO LONG AS OPERATED IN CONFORMANCE WITH THE LAW AND IN A NON-NEGLIGENT
MANNER. THEREFORE, ALL MUST BE PREPARED TO ENCOUNTER NOISES, ODOR, LIGHTS, MUD, DUST, SMOKE, CHEMICALS,
MACHINERY ON PUBLIC ROADS, LIVESTOCK ON PUBLIC ROADS, STORAGE AND DISPOSAL OF MANURE, AND THE APPLICATION
BY SPRAYING OR OTHERWISE OF CHEMICAL FERTILIZERS, SOIL AMENDMENT, HERBICIDE, AND PESTICIDES, ANY ONE OR MORE
OF WHICH MAY NATURALLY OCCUR AS PART OF LEGAL AND NON-NEGLIGENT AGRICULTURAL OPERATIONS.
13. ALL OWNERS OF LAND, WHETHER RANCH OR RESIDENCE, HAVE OBLIGATIONS UNDER STATE LAND AND COUNTY REGULATIONS
WITH REGARD TO THE MAINTENANCE OF FENCES AND IRRIGATION DITCHES, CONTROLLING WEEDS, KEEPING LIVESTOCK AND
PETS UNDER CONTROL, USING PROPERTY IN ACCORDANCE WITH ZONING, AND OTHER ASPECTS OF USING AND MAINTAINING
PROPERTY. RESIDENTS AND LANDOWNERS ARE ENCOURAGED TO LEARN ABOUT THESE RIGHTS AND RESPONSIBILITIES AND
ACT AS GOOD NEIGHBORS AND CITIZENS OF THE COUNTY. A GOOD INTRODUCTORY SOURCE OF SUCH INFORMATION IS "A
GUIDE TO RURAL LIVING & SMALL SCALE AGRICULTURE" PUT OUT BY THE COLORADO STATE UNIVERSITY EXTENSION OFFICE IN
GARFIELD COUNTY.
14. THE MINERAL RIGHTS ASSOCIATED WITH THIS PROPERTY MAY NOT BE TRANSFERRED WITH THE SURFACE ESTATE, THEREFORE
ALLOWING THE POTENTIAL FOR NATURAL RESOURCE EXTRACTION ON THE PROPERTY BY THE MINERAL ESTATE OWNER(S) OR
LESSEE(S).
15. DOMESTIC DOGS KEPT ON THE PROPERTY SHALL BE IN A FENCED YARD OR ON A LEASH TO PREVENT HARASSMENT OF
WILDLIFE, EXCEPT AS USED FOR LIVESTOCK CONTROL.
16. FENCING ON THE PROPERTY SHALL COMPLY WITH THE COLORADO PARKS AND WILDLIFE SPECIFICATIONS FOR WILDLIFE
FRIENDLY FENCING.
17. ENGINEER DESIGNED ONSITE WASTEWATER TREATMENT SYSTEMS ARE REQUIRED WITH THIS SUBDIVISION.
18. ENGINEER DESIGNED FOUNDATIONS ARE REQUIRED WITHIN THIS SUBDIVISION.
19. DITCH OWNER(S) RIGHTS: COLORADO STATE STATUTES 37-86-102 PROVIDES THAT ANY PERSON OWNING A WATER RIGHT OR
CONDITIONAL WATER RIGHT SHALL BE ENTITLED TO A RIGHT-OF-WAY THROUGH THE LANDS WHICH LIE BETWEEN THE POINT
OF DIVERSION AND POINT OF USE OR PROPOSED USE FOR THE PURPOSE OF TRANSPORTING WATER FOR BENEFICIAL USE IN
ACCORDANCE WITH SAID WATER RIGHT OR CONDITIONAL WATER RIGHT. ANY IMPACT, CHANGE OR CROSSING OF A DITCH
SHALL REQUIRE APPROVAL FROM THE DITCH OWNER.
20. WILDFIRE PREVENTION GUIDELINES OF THE U.S.F.S. AND COLORADO STATE FORESTER SHALL BE INCORPORATED IN HOME
CONSTRUCTION AND SITE PLANNING AND DESIGN.
21. A GEOLOGIC HAZARDS AND GEOTECHNICAL INVESTIGATION SHALL BE REQUIRED FOR ALL FUTURE IMPROVEMENTS REQUIRING
A BUILDING PERMIT OR FURTHER SUBDIVISION. SUCH INVESTIGATION SHALL ADDRESS AT A MINIMUM THE POTENTIAL FOR
HYDROCOMPACTIVE SOILS (SOILS EXHIBITING COMPRESSION OR COLLAPSE UNDER LOADING AND/OR WETTING), SEASONALLY
SHALLOW GROUNDWATER AND PERCHED WATER, AND FLASH FLOODING AND EROSION ALONG HELMER GULCH.
19) ANY FUTURE GRADING OR BUILDING PERMITS REQUIRE A SITE-SPECIFIC SUBSURFACE INVESTIGATION, CONSISTING OF
BORINGS OR TEST PITS, LABORATORY TESTING AND ANALYSIS, AND SITE-SPECIFIC GEOTECHNICAL RECOMMENDATIONS
(FOUNDATION, FLOOR SYSTEM, SURFACE AND SUBSURFACE DRAINAGE, PAVEMENT, ETC.) TO BE SUBMITTED WITH THE
PERMIT APPLICATION.
20) ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY
WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN
THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON
CERTIFICATE OF DEDICATION AND OWNERSHIP (DEEDED)
THE UNDERSIGNED TERRY KIRK AND JULIE KIRK AND GARY A. KIRK, BEING SOLE OWNER(S) IN FEE SIMPLE OF ALL
THAT REAL PROPERTY SITUATED IN GARFIELD COUNTY, DESCRIBED AS FOLLOWS:
LOT 4
A TRACT OF LAND SITUATED IN THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 36, TOWNSHIP 5 SOUTH,
RANGE 92 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF SAID NORTHEAST 1/4 OF THE NORTHEAST 1/4 WHENCE A WITNESS
CORNER FOR THE NORTHEAST CORNER OF SAID SECTION 36 BEARING N 01°07'25" E, 20.00-FEET FROM SAID
NORTHEAST CORNER BEARS N 01° 07'25" E, 454.40-FEET; THENCE S 01°07'25" W, 887.75-FEET TO THE SOUTHEAST
CORNER OF SAID NORTHEAST 1/4 OF THE NORTHEAST 1/4; THENCE S 89°21'27" W, 1350.12-FEET TO THE SOUTHWEST
CORNER OF SAID NORTHEAST 1/4 OF THE NORTHEAST 1/4; THENCE ALONG THE WEST LINE OF SAID NORTHEAST 1/4 OF
THE NORTHEAST 1/4, N 01°00'46", E 887.78-FEET; THENCE N 89°21'39" E, 1351.83 FEET TO THE POINT OF BEGINNING.
ALSO KNOWN AS
LOT 4
SIMON SUBDIVISION EXEMPTION PLAT
ACCORDING TO THE PLAT RECORDED APRIL 21, 1999 AS RECEPTION NO. 544219.
COUNTY OF GARFIELD
STATE OF COLORADO
CONTAINING 27.521 ACRES, MORE OR LESS, HAVE CAUSED THE DESCRIBED REAL PROPERTY TO BE SURVEYED, LAID
OUT, PLATTED AND SUBDIVIDED INTO LOTS AND BLOCKS AS SHOWN ON THIS PLAT UNDER THE NAME AND STYLE OF
Mountain View SUBDIVISION, A SUBDIVISION IN THE COUNTY OF GARFIELD. THE OWNERS DO HEREBY DEDICATE AND
SET APART ALL OF THE STREETS AND ROADS AS SHOWN ON THE ACCOMPANYING PLAT TO THE USE OF THE PUBLIC
FOREVER, AND HEREBY DEDICATES TO THE PUBLIC UTILITIES THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE
LABELED AS UTILITY EASEMENTS ON THE ACCOMPANYING PLAT AS PERPETUAL EASEMENTS FOR THE INSTALLATION
AND MAINTENANCE OF UTILITIES, IRRIGATION AND DRAINAGE FACILITIES INCLUDING, BUT NOT LIMITED TO, ELECTRIC
LINES, GAS LINES AND TELEPHONE LINES, TOGETHER WITH THE RIGHT TO TRIM INTERFERING TREES AND BRUSH, WITH
PERPETUAL RIGHT OF INGRESS AND EGRESS FOR INSTALLATION AND MAINTENANCE OF SUCH LINES. SUCH
EASEMENT AND RIGHTS SHALL BE UTILIZED IN A REASONABLE AND PRUDENT MANNER. ALL EXPENSE FOR STREET
PAVING OR IMPROVEMENTS SHALL BE FURNISHED BY THE SELLER OR PURCHASER, NOT BY THE COUNTY OF GARFIELD.
EXECUTED THIS DAY OF , A.D., 20 .
OWNER:
TERRY KIRK
1011 MAIN STREET
CARBONDALE, CO 81623
OWNER:
JULIE KIRK
1011 MAIN STREET
CARBONDALE, CO 81623
OWNER:
GARY A. KIRK
5503 E ST. JOHN ROAD
SCOTTSDALE, AZ 85254
STATE OF COLORADO )
: SS
COUNTY OF GARFIELD )
THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME
THIS ____ DAY OF __________________, A.D., 20____,
BY
MY COMMISSION EXPIRES:
WITNESS MY HAND AND OFFICIAL SEAL
NOTARY PUBLIC (SEAL)
SURVEYOR'S CERTIFICATE
I, STEVEN L. SMITH, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS
OF THE STATE OF COLORADO, THAT THIS PLAT IS A TRUE, CORRECT AND COMPLETE PLAT OF Mountain View
SUBDIVISION, AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT WAS MADE FROM AN
ACCURATE SURVEY OF SAID PROPERTY BY ME, OR UNDER MY SUPERVISION, AND CORRECTLY SHOWS THE LOCATION
AND DIMENSIONS OF THE LOTS, EASEMENTS AND STREETS OF SAID SUBDIVISION AS THE SAME ARE STAKED UPON
THE GROUND IN COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE SUBDIVISION OF LAND.
IN WITNESS WHEREOF, I HAVE SET MY HAND AND SEAL THIS DAY OF , 20 .
PROFESSIONAL LAND SURVEYOR
STEVEN L. SMITH , PLS 25642
FOR AND ON BEHALF OF BOUNDARIES UNLIMITED INC.
COUNTY COMMISSIONERS' CERTIFICATE
THIS PLAT IS APPROVED BY THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, THIS
DAY OF , A.D., 20 , FOR FILING WITH THE CLERK AND RECORDER OF
GARFIELD COUNTY AND FOR CONVEYANCE TO THE COUNTY OF THE PUBLIC DEDICATIONS SHOWN HEREON, SUBJECT
TO THE PROVISION THAT APPROVAL IN NO WAY OBLIGATES GARFIELD COUNTY FOR THE FINANCING OR
CONSTRUCTION OF IMPROVEMENTS ON LANDS, PUBLIC ROADS, HIGHWAYS OR EASEMENTS DEDICATED TO THE
PUBLIC, EXCEPT AS SPECIFICALLY AGREED TO BY THE BOARD OF COUNTY COMMISSIONERS BY SUBSEQUENT
RESOLUTION. THIS APPROVAL SHALL IN NO WAY OBLIGATE GARFIELD COUNTY FOR THE CONSTRUCTION, REPAIR OR
MAINTENANCE OF PUBLIC ROADS, HIGHWAYS OR ANY OTHER PUBLIC DEDICATIONS SHOWN HEREON.
CHAIRMAN, BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
WITNESS MY HAND AND SEAL OF THE COUNTY OF GARFIELD.
ATTEST:
COUNTY CLERK
CLERK AND RECORDER'S CERTIFICATE
THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY,
COLORADO, AT ____ O'CLOCK _____, ON THIS _____ DAY OF , 20___, AND
IS DULY RECORDED AS RECEPTION NO. _____________________.
CLERK AND RECORDER
BY
DEPUTY
COUNTY SURVEYOR'S CERTIFICATE
APPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF SURVEYS, CALCULATIONS OR
DRAFTING, PURSUANT TO C.R.S. § 38-51-101 AND 102, ET SEQ.
DATED THIS _____ DAY OF , A.D., 20____.
GARFIELD COUNTY SURVEYOR
TITLE CERTIFICATE
I, , AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF COLORADO,
OR AGENT AUTHORIZED BY A TITLE INSURANCE COMPANY, DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE
TO ALL LANDS SHOWN UPON THIS PLAT AND THAT TITLE TO SUCH LANDS IS VESTED IN TERRY KIRK, JULIE KIRK,
AND GARY A. KIRK, FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES (INCLUDING MORTGAGES, DEEDS OF
TRUST, JUDGMENTS, EASEMENTS, CONTRACTS AND AGREEMENTS OF RECORD AFFECTING THE REAL PROPERTY IN
THIS PLAT), EXCEPT AS FOLLOWS:
DATED THIS _____ DAY OF , A.D., 20_____.
TITLE COMPANY:
AGENT
OR
ATTORNEY
COLORADO ATTORNEY REGISTRATION NO.
CERTIFICATE OF TAXES PAID
I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF TAXES AND ASSESSMENTS DUE AND
PAYABLE AS OF , UPON ALL PARCELS OF REAL ESTATE DESCRIBED ON THIS PLAT
ARE PAID IN FULL.
DATED THIS _____ DAY OF , A.D., 20____.
TREASURER OF GARFIELD COUNTY
Vicinity Map
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923 Cooper Ave., Ste. 201
Glenwood Springs, CO 81601
(T) 970.945.5252
www.bu-inc.com
Engineer or Surveyor Seal
Sheet
Client Information:
PROJECT NO.
File Name:
Designer:
Drafter:
Date:
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Subsurface Utility Engineering (SUE)
Required Project:
If "Yes", SUE Certification by:
Firm:
Job #:
Date:
9.8.7.6.5.4.3.2.
8/14/23
DJW
DJW
09016-sketch.dwg
09016.03
480.216.2067
CARBONDALE, CO 81623
1011 MAIN STREET
TERRY KIRK
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LEGEND
PROPERTY LINE
EXISTING EASEMENT
CENTERLINE
EXISTING FENCE
EX./PR FLOWLINE (DITCH OR GULCH)
T EX. TELECOMMUNICATIONS PEDESTAL
EX./PR. ELECTRIC TRANSFORMER
EX. UTILITY POLE
MONUMENT FOUND
MONUMENT TO BE SET WITH THIS PLAT
PROPOSED ELECTRIC
EXISTING SANITARY SEWER
EXISTING POTABLE WATER LINE/SIZE
EXISTING CULVERT/SIZE36''Ø
2''W 2''W
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EXHIBIT E
Water Information
B ALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
Edward Mulhall, Jr.
Scott Balcomb
Lawrence R. Green
Timothy A. Thulson
David C. Hallford
Christopher L. Coyle
Thomas J. Hartert
Christopher L. Geiger
Sara M. Dunn
Daniel C. Wennogle
Scott Grosscup
P.O. DRAWER 790
818 COLORADO AVENUE
GLENWOOD SPRINGS, COLORADO 81602
____________________________________
TELEPHONE: 970.945.6546
FACSIMILE: 970.945.8902
www.balcombgreen.com
May 29, 2007
KENNETH BALCOMB
1920-2005
Of Counsel:
John A. Thulson
VIA email: kirkenterprises@cox.net
Mr. Terry A. Kirk
12144 East Welsh Trail
Scottsdale, AZ 85258
Re: Due Diligence Review for Lot 4 Simon Subdivision Exemption near Silt, Colorado.
Dear Mr. Kirk:
We have completed a reconnaissance level review of the water rights and associated
water issues which arise out of your proposed purchase of approximately 27.52 acres also
known as Lot 4 of the Simon Subdivision Exemption located north of Silt, Colorado, owned by
North 27, LLC (“Seller”). Based upon our examination of the materials described below and our
interviews with: John Currier, a partner in the North 27, LLC; Pearl Knight, secretary of the Silt
Water Conservancy District; and Janet Maddock, manager of the West Divide Water
Conservancy District, and subject to the limitations and exceptions set forth below, we have
concluded that Lot 4 of the Simons Subdivision Exemption has an adequate legal water supply
to subdivide this parcel into five residential lots with a main residence and an accessory
dwelling unit on each and to continue the historical irrigation of approximately 12 acres, less the
dry-up associated with roads and building envelopes.
In performing our investigation, we reviewed the following documents: Contract to Buy
and Sell Real Estate dated April 1, 2007; the Counterproposal dated April 5, 2007; the Title
Commitment issued by Land Title Guarantee Company dated April 12, 2007; a revised Title
Commitment issued by Land Title Guarantee Company dated May 22, 2007; the Seller’s
Property Disclosures dated January 27, 2007; the Bylaws of the PVO/SSE Homeowners’
Association Inc.; Project Information and Staff Comments from Garfield County regarding a
Preliminary Plan submittal by North 27, LLC for the North 27 Subdivision dated May 8, 2000;
the PVO-SSE HOA Proposed 2007 Annual Budget; a letter from John M. Currier, P.E., of
Resource Engineering Inc., to Sherry Caloia dated November 23, 2002; a color aerial photograph
of Lot 4 of the Simon Subdivision Exemption purportedly taken in 1999; an unsigned Final Plat
of the Simon Subdivision Exemption prepared by Richard L. Holsan, Professional Land
B ALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
Mr. Terry A. Kirk May 30, 2007
Page 2
Surveyor, on February 11, 1999; the Articles of Incorporation of PVO/SSE Homeowners’
Association, Inc.; an engineered drawing entitled “Relationship of North 27 Subdivision to
PVO/SSE HOA dated December 20, 1999 prepared by Water Resource Consultants, LLC; the
Decree (Part 1 of 2) and (Part 2 of 2) entered by the Division 5 Water Court in Case No. 00CW36,
Application for Water Rights of the PVO/SSE Homeowners’ Association; a water allotment table
entitled “PVO/SSE Water Rights Associated With Each Lot Acre-Feet Available in a “100%” Year”
dated April 15, 2000; the Decree entered by the Division 5 Water Court in Case No. W-1452,
Application for Water Rights of Fred I. Simon; the Final Plat of the Simon Subdivision
Exemption recorded as Reception No. 544219 in the records of the Garfield County Clerk and
Recorder on April 21, 1999; a Grant of Easement and Declaration of Covenants, Conditions and
Restrictions for a Portion of Peach Valley Orchard and Simon Subdivision Exemption recorded
as Reception No. 546583 in Book 1133 at Page 54 in the records of the Garfield County Clerk and
Recorder on June 3, 1999; a Quit Claim Deed recorded as Reception No. 553203 at Book 1153 at
Page 743 in the Records of the Garfield County Clerk and Recorder; and Garfield County
Commissioners Resolution No. 99-044 approving the Simon Subdivision Exemption.
The Contract identifies the water rights to be transferred in Paragraph 6 as follows: “All
water and water rights, ditches and ditch rights, well and well rights pertenant [sic] to the
property including but not limited to the following described; domestic, irrigation and available
community.” The Seller’s Disclosures indicate that the water rights associated with the property
include both Silt Project water, referring to the Bureau of Reclamation’s Silt Project operated by
the Silt Water Conservancy District, Farmers Irrigation Company water, and domestic water
from a community system, subject to an augmentation plan which is consistent with our
findings.
Lot 4 of the Simons Subdivision Exemption
Sonia Simon petitioned the Board of County Commissioners of Garfield County, for an
exemption from the definition of “subdivision” for the division of a 165 acre tract into four tracts,
referred to as the Simon Subdivision Exemption Lots 1 through 4. The Simon Subdivision
Exemption was approved by Garfield County by Resolution No. 99-044 recorded as Reception
No. 544154 in Book 1125 at Page 434 in the records of the Garfield County Clerk and Recorder.
A copy Resolution No. 99-044 is attached hereto as Exhibit A. A copy of the Final Plat for the
Simon Subdivision Exemption was recorded on April 21, 1999 as Reception Number 544219 in
the records of the Garfield County Clerk and Recorder. Due to the size of the recorded Final
Plat, we have attached as Exhibit B an unsigned copy of the plat that is identical to the recorded
copy but could be scanned and saved electronically. Lot 4 is the southern-most parcel and is
comprised of 27. 52 acres.
B ALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
Mr. Terry A. Kirk May 30, 2007
Page 3
All of the lots within the Simon Subdivision exemption were acquired by S.M.I., L.L.L.P.,
a Colorado Limited Liability Limited Partnership formed by David and Connie Hick. S.M.I.,
L.L.L.P. also acquired Lots 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 23, 24 and 25 of Peach Valley
Orchard. The Simon well is the domestic water source for the Peach Valley Orchard Lots 9, 10,
11, 12, 14, 15, 16, 17, 18, 19, 20, 23, 24 and 25, and the Simon Subdivision Exemption Lots 1
through 4, according to the Grant of Easement and Declaration of Covenants, Conditions and
Restrictions for a Portion of Peach Valley Orchard and Simon Subdivision Exemption (the
“Covenants”) recorded as Reception Number 546583 at Book 1133, Page 54 in the records of the
Garfield County Clerk and Recorder and attached hereto as Exhibit C.
The Simon Well is located on the lot line between Lots 1 and 2 of the Simon Subdivision
Exemption as indicated on the Final Plat. The Simon Well is a shallow well constructed in 1910
to an approximate depth of 20.5 feet according to the Registration of Decreed Existing Well form
filed by the Simon Estate in 1997, approved and permitted as State Engineer Well Permit No.
049153-F. A copy of the Registration is attached hereto as Exhibit D. This well was decreed by
the Division 5 Water Court in Case No. W-1452 for 0.11 c.f.s (50 gallons per minute) from Cozza
Gulch, tributary to the Colorado River for domestic and irrigation use with a date of
appropriation of May 31, 1910. A copy of the decree in Case No. W-1452 is attached hereto as
Exhibit E. However, according to John Currier a 72-hour well production test was performed in
1999, and the well only produced 33 gallons per minutes (“g.p.m.”) continuously and was not
capable of sustaining a 50 g.p.m. continuous production rate.
According to the Covenants, the Simon Well and the water rights decreed in Case No.
W-1452 were to be conveyed by Quit Claim Deed to the PVO/SSE Homeowners’ Association as
“common facilities.” The PVO/SSE Homeowners’ Association operates and maintains the Simon
Well and related facilities as well as pays the annual fees for contract water purchased from the
West Divide Water Conservancy District. Apparently the PVO/SSE Homeowners Association
has outlined how the operation and maintenance of the well and domestic water system will
occur in a document entitled “Management and Operations Plan, Potable Water Supply System,
Peach Valley Orchard Subdivision and Simon Subdivision Exemption, Silt, Colorado, October
27, 1999.” However, we have been unable to acquire a copy of this document. The monthly
dues to the PVO/SSE Homeowners Association are $110 per lot according to the 2007 proposed
budget, a copy of which is attached hereto with the Bylaws and Articles of Incorporation for the
PVO/SSE Homeowners’ Association as Exhibit F.
Each lot, with the exception of Lot 4 of the Simon Subdivision Exemption, was entitled to
a proportionate 1/25th share in the production of the Simon Well. Lot 4 was entitled to 8/25th
share in the well (which equates to approximately 10.56 g.p.m. for Lot 4), as well as the right to
use an additional 3/25th interest in the production of the Simon Well in the event that Lots 1
through 3 of the Simon Subdivision Exemption were ever to connect to a central water system as
B ALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
Mr. Terry A. Kirk May 30, 2007
Page 4
required by Garfield County and memorialized as Note 5 on the Final Plat.1 According to John
Currier, the PVO/SSE central water system does not have any central storage for fire protection
or to meet peak demands and it is apparently the responsibility of individual lot owners to
provide in-house pressure storage tanks. This requirement was discussed by the County during
the Lot 27 Subdivision application process, but does not appear in the Covenants.
Seller acquired Lot 4 from S.M.I., L.L.L.P. As indicated in Note 7 on the Final Plat, the
County approved the Simon Subdivision Exemption on the condition that no further divisions
by exemption would be allowed. Therefore, when the Seller decided to seek to subdivide Lot 4
into five residential parcels, Seller filed an application with Garfield County for approval of the
“North 27 Subdivision.” The lots ranged in size from 3.22 acres to 12.49 acres with an average lot
size of 5.50 acres.
During the referral process, both the County Engineer and the State Engineer voiced
concern that the water source identified for the development, the Simon Well could not legally
serve the proposed development without a court-approved plan for augmentation. Thus, the
Staff recommended denial of the proposed North 27 Subdivision for failure to comply with the
Garfield County Subdivision Regulations requiring “evidence that a water supply, sufficient in
terms of quality, quantity and dependability, shall be available….” According to John Currier,
Seller requested Garfield County table the application until such time as it could satisfy the
Garfield County water supply requirements, but after spending more than two years in Water
Court adjudicating the water supply and associated plan for augmentation for the North 27
Subdivision, the Seller’s Application was dropped from the County’s agenda and never received
a formal approval or denial.
Domestic Water Supply
To rectify the apparent lack of legal water supply for the existing PVO/SSE development
and the proposed North 27 Subdivision, the PVO/SSE Homeowners’ Association filed an
application with the Division 5 Water Court to adjudicate two enlargements of the Simon Well
and a plan for augmentation to replace out-of-priority depletions associated with the domestic
and limited irrigation uses of the Simon Well. The Water Court bifurcated Case No. 00CW36
into two parts. The first part of the decree referred to as Part 1 of 2 adjudicated the PVO/SSE
Simon Well Enlargement and a plan for augmentation for the existing development, including
1 According to the Covenants and Note 5 of the Final Plat, if any of Lots 1, 2 and/or 3 have the reasonable
ability to connect with any municipal or centralized water and/or sewer system, such lot will be required
to connect to said service within one year of the effective date of service availability and disconnect from
the Simon Well. The proportionate interest in the Simon Well associated with the Lot(s) which connected
to the municipal system shall revert to the owner of Lot 4.
B ALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
Mr. Terry A. Kirk May 30, 2007
Page 5
one residential unit to be located on Lot 4 of the Simon Subdivision Exemption. The second part
of the decree (Part 2 of 2) approved a legal water supply for the proposed North 27 Subdivision.
In Case No. 00CW36 (Part 1 of 2), the Division 5 Water Court granted a new junior water
right to the Simon Well (“PVO/SSE Simon Well Enlargement”) in the amount of 4.06 acre feet
absolute for domestic use in the existing 9 residential units and 4.06 acre feet, conditional, for
domestic use in 9 residential units that were not built at the time the Water Court entered the
decree (total of 14 lots in PVO and 4 lots in SSE), irrigation in the amount of 9,000 square feet
(500 square feet for each of 18 residential lots), fire protection, and livestock watering. A copy of
the Decree is attached hereto as Exhibit G. An application for finding of reasonable diligence for
the conditional portion of the PVO/SSE Simon Well Enlargement is due on or before May 31,
2008 to prevent the cancellation of the 4.06 acre feet conditional portion of the water right.
The PVO/SSE Simon Well Enlargement is a very junior water right with a date of
appropriation of February 9, 2000. Therefore, the PVO/SSE Simon Well Enlargement will be out-
of-priority during much of the year and must operate pursuant to a plan for augmentation
which can replace all out-of-priority depletions to prevent injury to senior water rights both on
Cozza Gulch and the Colorado River mainstem. The Water Court approved a plan for
augmentation in Case No. 00CW36 (Part 1of 2) for the PVO/SSE Simon Well Enlargement which
includes two sources of replacement water: senior irrigation water which was historically used
to irrigate 2.3 acres within the PVO/SSE property which will be dried-up due to construction of
roads and the designation of building envelopes; and water from Green Mountain Reservoir
and/or Ruedi Reservoir pursuant to a Water Allotment Contract with the West Divide Water
Conservancy District.
As indicated on Figure 1, attached hereto as Exhibit H, the PVO/SSE properties are
partially located in the Harvey Gap drainage and partially located within the Cozza Gulch
Drainage. As such the Court required that 1.15 acres in the Cozza Gulch drainage be dried up
and 1.15 acres in the Harvey Gap drainage be dried-up to provide sufficient replacement water
to augment local calls on Cozza Gulch including the Coleman Ditch, the Cozza No. 2 Ditch, the
John Bruess Ditch and the Cozza Spring Ditch which are senior irrigation water rights.
The dry-up area was associated with 3 shares of Applicant’s Farmers Irrigation Company
(“FICo”) water rights. The FICo shares entitled Applicant to 0.07 c.f.s. from the Grass Valley
Canal and 3.30 acre feet from the Grass Valley Reservoir a/k/a Harvey Gap Reservoir, both
sources tributary to the East Fork of Rifle Creek. The plan for augmentation requires the
PVO/SSE Homeowners’ Association to continue to divert this water through its irrigation system
and by-pass this water into Cozza Gulch to satisfy any calls with Cozza Gulch which could occur
between April 15th and October 15th, the normal irrigation season. To satisfy calls on the
Colorado River mainstem that come from a block of irrigation rights under the Cameo call
B ALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
Mr. Terry A. Kirk May 30, 2007
Page 6
which normally is in place from early July through late October, the PVO/SSE Homeowners’
Association also obtained a contract with West Divide Water Conservancy District for 2.0 acre
feet to be released from Green Mountain Reservoir located on the Blue River, a tributary of the
Colorado River or Ruedi Reservoir, located on the Fryingpan River, a tributary of the Roaring
Fork River, tributary of the Colorado River.
In Case No. 00CW36 (Part 2 of 2), the Water Court approved the PVO/SSE Second
Enlargement of the Simon Well for 3.8 acre feet conditional for domestic uses in 9 residential
units (4 primary units and 5 accessory dwelling units) with a total of 2,000 square feet of
irrigation (500 square feet per residential lot) with a date of appropriation of February 9, 2000. A
copy of the decree is attached hereto as Exhibit I. The Water Court in Case No. 00CW36
maintained the original diversion rate for the Simon Well at 0.11 c.f.s. and simply raised the
annual volumetric limit based on the additional proposed uses.
The Water Court also approved the PVO/SSE Well No. 1 as an alternate point of
diversion for the PVO/SSE Simon Well Enlargements 1 and 2, for 0.11 c.f.s., conditional, with an
annual volumetric limit of 12 acre feet for domestic use in 27 residential units, irrigation of up to
11,000 square feet (500 square feet on 22 lots), fire protection and livestock watering with a date
of appropriation of February 9, 2000. However, it is worth noting that although the Simon Well
is decreed for a 50 g.p.m. diversion rate, the well can only physically produce on a sustainable
basis 33 g.p.m. according to the pump test. Therefore, the sustained combined pumping rate at
the two points of diversion (the original Simon Well and the PVO/SSE Well No. 1) can only be 33
g.p.m. The second well cannot be used to bring the sustained combined diversion rate up to the
decreed 50 g.p.m. An application for finding of reasonable diligence for the PVO/SSE Second
Enlargement of the Simon Well and the PVO/SSE Well No. 1 must be filed with the Water Court
on or before August 31, 2009.
The Water Court also approved a plan for augmentation to replace out-of-priority
depletions from the PVO/SSE Second Enlargement of the Simon. The plan for augmentation
requires the dry-up of 0.44 acres associated with 0.5 FICo shares (.01 c.f.s. of the Grass Valley
Canal and 0.55 acre feet of the Grass Valley Reservoir). As with the plan for augmentation for
the PVO/SSE Simon Well First Enlargement, the water associated with the FICo shares will
continue to be diverted through the Applicant’s irrigation system and released to Cozza Gulch
to address any calls on Cozza Gulch. To address calls on the Colorado River mainstem, the
Applicant increased the existing West Divide Water Conservancy District by 2.34 acre feet for a
total contract amount of 4.34 acre feet according to Janet Maddock, manager of the West Divide
Water Conservancy District.
B ALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
Mr. Terry A. Kirk May 30, 2007
Page 7
Irrigation Water Supply
Pursuant to a Stipulation with the Objectors in Case No. 00CW36, the PVO/SSE
Homeowners’ Association agreed to continue to irrigate as much of the remaining historically
irrigated lands as possible each and every year in recognition that much of the water available to
local wells is dependent upon localized irrigation. The PVO/SSE Homeowners’ Association
lands have historically been irrigated with 80 shares of FICo and 175 acre feet of Silt Project
water. The FICo shares are owned by the PVO/SSE Homeowners’ Association and the only
information we have received regarding how the water is allocated and distributed is a Table
entitled “PVO/SSE Water Rights Associated with Each Lot” attached hereto as Exhibit J. Based
on this Table, it appears that in a good water year Lot 4 is associated with 24.4 acre feet of FICo
water.
There are a total of 4,126 FICo shares associated with the 100 c.f.s. Grass Valley Canal
water right which was decreed in Civil Action 279 in the District Court for Garfield County with
an appropriation date of July 20, 1887 and an adjudication date of April 30, 1892 for irrigation
uses. Therefore, the 80 shares equates to 1.94 c.f.s. ownership of the 100 c.f.s. Grass Valley Canal
water right.
Each year the FICo Board determines the number of “share days” that will be available to
each shareholder based on the water available that year. According to our interview with John
Currier and his report entitled “Water Rights Plan for Augmentation PVO/SSE Homeowners’
Association” dated March 14, 2000, there are normally 100 share days available per share in
normal years. In dry years there may be only 80 share days available. A share day equals 0.01
c.f.s. delivered for 24 hours. Fifty share days equals one acre foot of water.
The Silt Project is a Bureau of Reclamation project which stores water from Rifle Creek
and pumps water from the Colorado River to supply irrigation water for approximately 7,000
acres of irrigated land between Silt and Rifle. Project water is stored in Rifle Gap Reservoir, and
is released directly into the Davie Ditch or by exchange to various ditches diverting from Rifle
Creek such as the Grass Valley Canal. Beneficiaries of Silt Project water are subject to an ad
valorem tax or special assessment paid with the Garfield County property tax.
Based on the terms of the authorization for the Silt Project, project water is allocated by
the Bureau of Reclamation to particular properties. Lot 4 is associated with 33.0 acre feet of
water from the Silt Project as evidenced by the Quit Claim Deed recorded as Reception No.
553203 at Book 1153 at Page 743 in the Records of the Garfield County Clerk and Recorder and
attached hereto as Exhibit K. This amount should be sufficient to irrigate the historically
irrigated area on Lot 4. John Currier indicated that approximately 12 acres of alfalfa were
irrigated on the property and the rest is dry-land pasture. This is consistent with the
B ALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
Mr. Terry A. Kirk May 30, 2007
Page 8
information in the Garfield County Project Information and Staff Comments for the North 27
Subdivision issued in 2000.
We have relied extensively on the representation of the Silt Water Conservancy District
for estimates regarding the availability of irrigation water on Lot 4 and the physical water
requirements for irrigation uses. We are not engineers licensed in the State of Colorado and
have no independent engineering experience with which to evaluate the accuracy, soundness or
reliability of any of the contents of these statements recited herein. We have not visited the
property. Further, we not engaged in a review of title to the water rights, nor engaged in an
environmental, wetlands or water quality audit for the property and offer no opinion as to these
matters.
Our opinion in this matter is limited to our review of the information contained within
the documents discussed. It is possible that information exists which we have not reviewed that
might alter our opinions. In addition, our review of the documents was for the limited purpose
of determining the legal status of the subject water rights. Specifically excluded from our
opinion, and outside the scope of our research are claims of adverse possession related to the
water rights, title matters relating to the land underlying the subject water rights, opinions
regarding rights of way and easements for the water rights, adequacy of the physical water
supply for the intended purpose, ditch company assessments, diversion records, matters that
may be disclosed by an accurate survey of the real property, statutory liens, easements, or claims
not shown by the public record.
Conclusions and Recommendations
We have concluded that the legal water supply for Lot 4 was properly adjudicated and
can supply sufficient water to supply domestic water for 10 residential units (5 primary
residences and 5 accessory dwelling units), irrigation of 500 square feet per lot (for 5 lots), and
fire protection so long as the property to be dried-up according to the Decree in Case No.
00CW36 is dried up and the contract with West Divide Water Conservancy District is
maintained. We also have concluded that the irrigation water associated with the property
which includes a proportionate amount of FICo water and 33 acre feet of Silt Project water is
sufficient to continue to irrigate the 12 acres historically irrigated.
We recommend that the Sellers have the PVO/SSE Homeowners’ Association submit a
change of ownership and address form to the State Engineer for Well Permit No. 049153-F to
reflect the current ownership of the Simon Well and obtain a new well permit for the Simon
Well First and Second Enlargements to reflect the uses decreed by the Division 5 Water Court in
Case No. 00CW36. We also recommend that Seller transfer all rights and interest to the FICo
water rights, the Simon Well, and the PVO/SSE Well No. 1 including the rights decreed in Case
B ALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
Mr. Terry A. Kirk May 30, 2007
Page 9
No. 00CW36 to you at closing. We also recommend that the Seller assign the Silt Water shares
and convey by deed the 33 acre feet associated with the Silt Project shares to you at closing.
We appreciate the opportunity to work with you on this matter. If you have any
questions, please do not hesitate to call.
Very truly yours,
BALCOMB & GREEN, P.C.
By: Sara M. Dunn
Sara M. Dunn
SMD/bjz
Encl.
Ex. A – Resolution 99-044
Ex. B – Final Plat
Ex. C – Covenants
Ex. D – Well Permit No. 049153-F
Ex. E – Decree, Case No. W-1452
Ex. F – Budget, Articles and Bylaws
Ex. G – Decree, Case No. 00CW36, Part 1 of 2
Ex. H – Figure 1, Location Map
Ex. I – Decree, Case No. 00CW36, Part 2 of 2
Ex. J – Table, Associated Water Rights
Ex. K – Quit Claim Deed
Deadlines:
Application for Diligence, PVO/SSE Simon Well Enlargement due on or before May
31, 2008 (to prevent the cancellation of the 4.06 acre feet conditional portion).
Application for Diligence, PVO/SSE Second Enlargement of the Simon Well and the
PVO/SSE Well No. 1 due to the Water Court on or before August 31, 2009
EXHIBIT F
Title Commitment
Customer Distribution
Prevent fraud - Please call a member of our closing team for wire transfer
instructions or to initiate a wire transfer. Note that our wiring instructions will
never change.
Order Number: GW63018795-2 Date: 08/09/2023
Property Address: TBD COUNTY ROAD 261, SILT, CO 81652
For Closing Assistance For Title Assistance
Land Title Garfield County Title
Team
901 GRAND AVENUE #202
GLENWOOD SPRINGS, CO
81601
(970) 945-2610 (Work)
(970) 945-4784 (Work Fax)
glenwoodresponse@ltgc.com
Seller/Owner
RED DOG LLC
Attention: TERRY KIRK
Delivered via: Electronic Mail
Attorney for Seller
BALCOMB GREEN
Attention: BRITT CHOATE
brittc@balcombgreen.com
Delivered via: Electronic Mail
Estimate of Title Fees
Order Number: GW63018795-2 Date: 08/09/2023
Property Address: TBD COUNTY ROAD 261, SILT, CO 81652
Seller(s): RED DOG LLC, A COLORADO LIMITED LIABILITY COMPANY
Buyer(s): TO BE DETERMINED
Thank you for putting your trust in Land Title. Below is the estimate of title fees for the
transaction. The final fees will be collected at closing. Visit ltgc.com to learn more about
Land Title.
Estimate of Title Insurance Fees
"TBD" Commitment $265.00
TBD - TBD Income $-265.00
TOTAL $0.00
Note: The documents linked in this commitment should be reviewed carefully. These
documents, such as covenants conditions and restrictions, may affect the title, ownership and
use of the property. You may wish to engage legal assistance in order to fully understand and
be aware of the implications of the documents on your property.
Chain of Title Documents:
Garfield county recorded 06/26/2007 under reception no. 726333 at book 1941 page 972
Garfield county recorded 06/26/2007 under reception no. 726336 at book 1941 page 979
Garfield county recorded 06/22/2008 under reception no. 751281
Garfield county recorded 10/23/2019 under reception no. 927184
Garfield county recorded 11/08/2019 under reception no. 927932
Plat Map(s):
Garfield county recorded 04/21/1999 under reception no. 544219
Property Address:
TBD COUNTY ROAD 261, SILT, CO 81652
1. Effective Date:
07/14/2023 at 5:00 P.M.
2. Policy to be Issued and Proposed Insured:
"TBD" Commitment
Proposed Insured:
TO BE DETERMINED
$0.00
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
A FEE SIMPLE
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
RED DOG LLC, A COLORADO LIMITED LIABILITY COMPANY
5. The Land referred to in this Commitment is described as follows:
LOT 4
A TRACT OF LAND SITUATED IN THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 36,
TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF SAID NORTHEAST 1/4 OF THE NORTHEAST 1/4 WHENCE
A WITNESS CORNER FOR THE NORTHEAST CORNER OF SAID SECTION 36 BEARING NORTH 01
DEGREE 07 MINUTES 25 SECONDS EAST, 20.00 FEET FROM SAID NORTHEAST CORNER BEARS NORTH
01 DEGREE 07 MINUTES 25 SECONDS EAST, 454.40 FEET;
THENCE SOUTH 01 DEGREE 07 MINUTES 25 SECONDS WEST, 887.75 FEET TO THE SOUTHEAST
CORNER OF SAID NORTHEAST 1/4 OF THE NORTHEAST 1/4;
THENCE SOUTH 89 DEGREES 21 MINUTES 27 SECONDS WEST, 1350.12 FEET TO THE SOUTHWEST
CORNER OF SAID NORTHEAST 1/4 OF THE NORTHEAST 1/4;
THENCE ALONG THE WEST LINE OF SAID NORTHEAST 1/4 OF THE NORTHEAST 1/4, NORTH 01
DEGREES 00 MINUTES 46 SECONDS EAST, 887.78 FEET;
THENCE NORTH 89 DEGREES 21 MINUTES 39 SECONDS EAST, 1351.83 FEET TO THE POINT OF
BEGINNING.
ALSO KNOWN AS
LOT 4
SIMON SUBDIVISION EXEMPTION PLAT
ACCORDING TO THE PLAT RECORDED APRIL 21, 1999 AS RECEPTION NO. 544219.
COUNTY OF GARFIELD
STATE OF COLORADO
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:GW63018795-2
Copyright 2006-2023 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing
as of the date of use. All other uses are prohibited. Reprinted under license from the
American Land Title Association.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:GW63018795-2
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: GW63018795-2
All of the following Requirements must be met:
This proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may
then make additional Requirements or Exceptions.
Pay the agreed amount for the estate or interest to be insured.
Pay the premiums, fees, and charges for the Policy to the Company.
Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both,
must be properly authorized, executed, delivered, and recorded in the Public Records.
THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO.
This commitment does not republish any covenants, condition, restriction, or limitation contained in any
document referred to in this commitment to the extent that the specific covenant, conditions, restriction,
or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender
identity, handicap, familial status, or national origin.
1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land and not shown by the Public
Records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by
law and not shown by the Public Records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date of the proposed
insured acquires of record for value the estate or interest or mortgage thereon covered by this
Commitment.
6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public
agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown
by the records of such agency or by the Public Records.
7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water.
8. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM
SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN
UNITED STATES PATENT RECORDED FEBRUARY 28, 1894, IN BOOK 12 AT PAGE 299.
9. RESERVATION OF DITCH RIGHTS AS CONTAINED IN INSTRUMENT RECORDED FEBRUARY 25, 1910 IN
BOOK 79 AT PAGE 407.
10. TERMS, CONDITIONS AND PROVISIONS OF GARFIELD COUNTY RESOLUTION RECORDED APRIL 20,
1999 IN BOOK 1125 AT PAGE 434.
11. TERMS, CONDITIONS AND PROVISIONS OF OIL AND GAS LEASE RECORDED MARCH 17, 2006 IN BOOK
1780 AT PAGE 766, ASSIGNMENT OF OIL AND GAS LEASE RECORDED JULY 6, 2007 IN BOOK 1947 AT
PAGE 390 AND RECORDED JULY 6, 2007 IN BOOK 1947 AT PAGE 392 AND ANY AND ALL ASSIGNMENTS
THEREOF OR INTERESTS THEREIN.
12. TERMS, CONDITIONS AND PROVISIONS OF QUIT CLAIM DEED RECORDED OCTOBER 04, 1999 IN BOOK
1153 AT PAGE 743.
13. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT
OF SIMON SUBDIVISION EXEMPTION PLAT RECORDED APRIL 21, 1999, UNDER RECEPTION NO.
544219.
14. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF GRANT OF EASEMENTS AND
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS RECORDED JUNE 3, 1999 IN BOOK
1133 AT PAGE 54.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: GW63018795-2
15. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF PAID UP OIL AND GAS LEASE RECORDED
JUNE 24, 2011 AS RECEPTION NO. 804309.
16. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF EASEMENT TO PUBLIC SERVICE COMPANY
OF COLORADO RECORDED OCTOBER 10, 2018 AS RECEPTION NO. 912741.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: GW63018795-2
Land Title Guarantee Company
Disclosure Statements
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the
clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least
one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that,
the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or
filing information at the top margin of the document.
Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters
which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for
recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title
Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents
from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued.
Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of
Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following
conditions:
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
Note: Pursuant to CRS 10-11-123, notice is hereby given:
The Subject real property may be located in a special taxing district.(A)
A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in
which the real property is located or that county treasurer's authorized agent unless the proposed insured provides
written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real
property).
(B)
The information regarding special districts and the boundaries of such districts may be obtained from the Board of
County Commissioners, the County Clerk and Recorder, or the County Assessor.
(C)
The land described in Schedule A of this commitment must be a single family residence which includes a
condominium or townhouse unit.
(A)
No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land
described in Schedule A of this Commitment within the past 6 months.
(B)
The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and
material-men's liens.
(C)
The Company must receive payment of the appropriate premium.(D)
If there has been construction, improvements or major repairs undertaken on the property to be purchased within
six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include:
disclosure of certain construction information; financial information as to the seller, the builder and or the contractor;
payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any
additional requirements as may be necessary after an examination of the aforesaid information by the Company.
(E)
This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface
estate, in Schedule B-2.
Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or
information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may
include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance
company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for
the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award
payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of
Regulatory Agencies.
Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing
protection letter for the lender, purchaser, lessee or seller in connection with this transaction.
Note: Pursuant to CRS 24-21-514.5, Colorado notaries may remotely notarize real estate deeds and other documents
using real-time audio-video communication technology. You may choose not to use remote notarization for any
document.
That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the
surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other
minerals, or geothermal energy in the property; and
(A)
That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
(B)
Joint Notice of Privacy Policy of
Land Title Guarantee Company
Land Title Guarantee Company of Summit
County
Land Title Insurance Corporation and
Old Republic National Title Insurancy Company
This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance
Corporation and Old Republic National Title Insurance Company.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state
privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence
is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized
access to your non-public personal information ("Personal Information").
In the course of our business, we may collect Personal Information about you from:
applications or other forms we receive from you, including communications sent through TMX, our web-based
transaction management system;
your transactions with, or from the services being performed by us, our affiliates, or others;
a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
The public records maintained by governmental entities that we obtain either directly from those entities, or from
our affiliates and non-affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows:
We restrict access to all Personal Information about you to those employees who need to know that information in
order to provide products and services to you.
We may share your Personal Information with affiliated contractors or service providers who provide services in the
course of our business, but only to the extent necessary for these providers to perform their services and to
provide these services to you as may be required by your transaction.
We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your
Personal Information from unauthorized access or intrusion.
Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action.
We regularly assess security standards and procedures to protect against unauthorized access to Personal
Information.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT
IS NOT STATED ABOVE OR PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We
may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for
example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your
Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is
needed to enforce our rights arising out of any agreement, transaction or relationship with you.
Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy
policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration
Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction
thereof.
Commitment For Title Insurance
Issued by Old Republic National Title Insurance Company
NOTICE
IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE
POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS
COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION
OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF
THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF
THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN
ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE
CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. .
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance
Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is
effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the
specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met
within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end.
COMMITMENT CONDITIONS
1. DEFINITIONS
2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates
and the Company’s liability and obligation end.
3. The Company’s liability and obligation is limited by and this Commitment is not valid without:
4. COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or
other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The
Company shall not be liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
i. comply with the Schedule B, Part I—Requirements;
ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
“Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a)
“Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any
property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues,
alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.
(b)
“Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c)
“Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company
pursuant to this Commitment.
(d)
“Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e)
“Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this
Commitment.
(f)
“Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters
relating to real property to purchasers for value and without Knowledge.
(g)
“Title”: The estate or interest described in Schedule A.(h)
the Notice;(a)
the Commitment to Issue Policy;(b)
the Commitment Conditions;(c)
Schedule A;(d)
Schedule B, Part I—Requirements; and(e)
Schedule B, Part II—Exceptions; and(f)
a counter-signature by the Company or its issuing agent that may be in electronic form.(g)
The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the
Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed
Insured’s good faith reliance to:
(a)
The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the
matter and did not notify the Company about it in writing.
(b)
The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the
Commitment included the added matter when the Commitment was first delivered to the Proposed Insured.
(c)
The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment
Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(d)
The Company shall not be liable for the content of the Transaction Identification Data, if any.(e)
In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements
have been met to the satisfaction of the Company.
(f)
In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g)
Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a)
Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b)
Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject
matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral,
express or implied, relating to the subject matter of this Commitment.
(c)
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the
Company’s agent for the purpose of providing closing or settlement services.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma
policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure.
9. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of
either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at
http://www.alta.org/arbitration.
IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown
in Schedule A to be valid when countersigned by a validating officer or other authorized signatory.
Issued by:
Land Title Guarantee Company
3033 East First Avenue Suite 600
Denver, Colorado 80206
303-321-1880
Craig B. Rants, Senior Vice President
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II
—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are
prohibited. Reprinted under license from the American Land Title Association.
The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the
terms and provisions of this Commitment or the Policy.
(d)
Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e)
When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f)
EXHIBIT G
Pre-application Summary
1
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
PRE-APPLICATION
CONFERENCE SUMMARY
TAX PARCEL NUMBER: 212736100052 DATE: 8/15/2022
PROJECT: Red Dog Major Subdivision – Sketch Plan
OWNERS: Red Dog LLC
CONTACT/REPRESENTATIVE: Mark Chain – Mark Chain Consulting, LLC
PRACTICAL LOCATION: Approximately 1.5 miles north of Silt, adjacent to Peach Valley
Orchard subdivision, and south west of the intersection of CR 261 and CR 250.
TYPE OF APPLICATION: Major Subdivision – Sketch Plan
ZONING: RURAL
COMPREHENSIVE PLAN: MH
I. GENERAL PROJECT DESCRIPTION
Garfield County’s Land Use and Development Code can be found here: https://www.garfield-
county.com/community-development/land-use-code/
The applicant is proposing splitting this parcel, apparently created through a previous exemption
process, into 5 smaller lots. Each lot would be allowed to have an ADU.
The property in question has had a sketch plan done before, prior to the adoption of the current
Land Use and Development Code. At that time, it was recommended that the subdivision not be
approved until the water supply system and well had been augmented. The proposal will use the
Simon Well which serves the adjacent subdivision. The applicant indicates that Water Court Case
No. 00C WW 36 which provides for an enlargement of the well and service of the lot proposed to
be subdivided. The HOA that operates the water supply system has been party to the
augmentation and has been represented as approving of the subdivision.
Each lot would be served by an individual OWTS.
The applicant is proposing dividing the lot into 5 smaller lots. Access would be provided off of CR
261 and a shared access easement with Columbine Lane within it. This private road accesses CR
2
250. The exact layout of the subdivision has not been determined but has been represented as
different from the previous layout.
Other utility services are available in the area.
Due to the age of the previous applications and changes in proposal, staff recommends continuing
with another sketch plan. This will allow the Applicant to present their plan to the Planning
Commission and Board of County Commissioners and receive feedback regarding the feasibility
and design characteristics of the application. Comments from both bodies would not be binding
and no formal decisions would be made. The sketch plan requires minimum engineering work
when compared to the Preliminary Plan process.
The Sketch Plan Map will need to legible at a reduced size of 8.5 by 14 inches for nontechnical
review. The map should clearly show the features listed in Section 5-402.C. M. In addition to
showing existing features and topographic contours, the Sketch Plan map includes requirements
for Schematic and Narrative representations of the proposed features.
The required Visualize Analysis should meet the requirements of 5 -402.H.1. This item will
provide a map of nearby ridgelines and a written statement of where development is proposed
in relation to the ridgeline areas and any mitigating factors.
II. COMPREHENSIVE PLAN
Residential Medium High and Silt’s Area of Influence.
III. REGULATORY PROVISIONS AND POLICY THE APPLICANT IS REQUIRED TO
ADDRESS
The following Sections of the Garfield Land Use and Development Code as amended apply to the
Application:
Garfield County Comprehensive Plan 2030 as amended
Garfield County Land Use and Development Code as amended
o Section 5-302 Major Subdivision Review
o Table 5-103 Common Review Procedures and Required Notice
o Table 5-401 Application Submittal Requirements
o Section 5-402 Description of Submittal Requirements
o Section 4-203 Description of Submittal Requirements as applicable
o Provisions of Article 7 Standards
o Section 4-202 Submittal Waivers as applicable
o Section 4-118 Waivers from Standards as applicable
IV. SUBMITTAL REQUIREMENTS
As a convenience outlined below is a list of info rmation typically required for this type of
application. Table 5-401 outlines the specific application submittal criteria. The following list can
function as a checklist for your submittal.
General Application Materials
o Signed Application Form
o Signed Payment Agreement Form and application fees
3
o Proof of ownership (copy of deed, title work) and information on any lien
holders.
o A narrative describing the request and related information
o Names and mailing addresses of properties within 200 feet of the subject
property.
o Mineral rights ownership for the subject property (demonstrated through a
search of Clerk and Recorders database and/or Assessor database, memo
attached).
o If the owner is an entity or trust, a recorded Statement of Authority, authoriz ing a
person to encumber the property.
o If the applicant is a representative of the owner, a letter of authorization to
represent is needed.
A copy of the Pre-application Summary needs to be submitted with the Application.
Description of the proposal specifically as it relates to the criteria outlin ed in Section 7-
501 Design Standards for Conservation Subdivisions.
Vicinity Map including areas within a radius of approximately 3 miles, Section 4 -203.C.
A Sketch Plan Map which meets the requirements outlined in Section 5 -402.C
Visual Analysis which meets the requirements outlined in Section 5-402.H
Any initial comments from the Town of Carbondale, if available.
WAIVER REQUESTS
Waiver from standards are subject to compliance with Section 4 -118 and waivers from submittal
requirements are subject to compliance with Section 4 -202. Waiver requests needs to be
specifically requested in the submittals, with supporting justification including demonstration of
compliance with the review criteria in Sections 4 -118 and 4-202.
ADDITIONAL STAFF CONSULTATION
As needed or for clarification of any of the above items, staff is available for additional
consultation prior to submittal and/or a courtesy review of draft submittal documents.
The Application submittals needs to include 3 hard copies of the entire Application and 1 Digital
PDF Copy on a CD or USB Stick. Both the paper and digital copies sh ould be split into individual
sections. Please refer to the pre-application summary for submittal requirements that are
appropriate for your Application.
4
V. REVIEW PROCESS
5
Review by: Staff for completeness and recommendations. Referral agencies for additional
technical review.
Public Hearing(s): No Public Hearing, Directors Decision (with notice per code)
X Planning Commission
X Board of County Commissioners
Board of Adjustment
Referral Agencies: May include but are not limited to: Garfield County Surveyor, Garfield County
Road and Bridge Department, Garfield County Consulting Engineer, Garfield County Attorney’s
Office, Garfield County Vegetation Manager, Garfield County Department of Environmental
Health, Department of Water Resources, Colorado River Fire Rescue District, Colorado Geological
Survey.
VI. APPLICATION REVIEW FEES
Planning Review Fees: $325
Referral Agency Fees: $TBD
Total Deposit: $325 + (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:
8/15/2022
Philip Berry, Planner III Date
6
7
8
EXHIBIT H
Mineral Rights Documents
HIllR Nf lW W,Nat,M',lf ulf lA'M IN N II Ill
Reception#:727431
07/061200701:59:07PM B:1947P:0390JeanAlberico1of2 Rec Fee:$11.00Doc Fee:0.00GARFIELDCOUNTYCO
ASSIGNMENT OF OIL AND GAS LEASE
For good and valuable consideration,the receipt and sufficiency of which is
acknowledged,North 27, LLC,("Grantor")hereby assigns,without recourse to the
Grantor,allof the Grantor's right,titleand interestas the same may exist as of the date
hereof inand to that certain Oil and Gas Lease with Apollo Energy,LLC,dated January
19, 2006,a memorandum of which isrecorded as Reception No.694178 of the records
of the Clerk and Recorder of Garfield County,to the Grantees as follows:
An undivided 55% of the Grantor's interestin and to said Lease to Terry
Kirk and Julie Kirk as jointtenants,and
An undivided 45% of the Grantor's interestin and to said Lease to Gary A.
Kirk.
The Grantees hereby acknowledge and agree that they accept this assignment
and further,that they are not entitledto any payments made to the Lessor under said
Lease prior to the date hereof. The address of the Grantees is clo Terry Kirk,12144
East Welsh Trail,Scottsdale,AZ 85259.
Dated thistk day of June,2007.
GRANTOR:NORTH 27,LLC
By:/
Paul C.Currier,Member
GRANTEES:
Terr rk J e Kirk,also kn ad &Rirk,
y Terry Kirk,a rney-in fact
Ga Kirk)b ferry Kir ,a 'or y-i t
WIRNfMHli,M',NI'I*W'lRIA'MMh HIll
Reception#:727431
07/06/200701:59:07PM8:1947P:0391JeanAlberico2of2 Ree Fee:$11.00Doc Fee.0.00GARFIELDCOUNTYCO
STATE OF COLORADO )
)ss.
COUNTY OF GARFIELD )
Subscribed,sworn to,and acknowledged before me this day of June,
2007,by Paul C.Currier,Member,of North 27,LLC..
Witness my hand and officialseal,
tary Public 4.*O 4 *
My commission expires:
STATE OF 0 Oradd )
ss..*
COUNTY OF vt 91 )CO
Subscribed,sworn to,and acknowledged before me this day ofJune,
2007,by Terry Kirk for himself and as attorney-in-factforJulie Kirk,also known as Julie
A.Kirk,and Gary A. Kirk.
Witness my hand and officialseal.
Not Public~
My commission expires:
6/23/07-C:\DocumentsandSettings\Defaultuser.server01\MyDocumenis\Assistantl\wpdata\Rbedoc-J\kirk-north27assignmentofoilandgas
lease.wpd
HIll14 W'MNIONIT,NT'HIV'lWIM'NIM H Al ill
Reception#:727432
07/06/200701:59:07PM 8:1947P:0392JeanAlberico
1 of 2 Rec Fee.511.00Doc Fee:0.00GARFIELDCOUNTYCO
ASSIGNMENT OF OIL AND GAS LEASE
For good and valuable consideration,the receipt and sufficiency of which is
acknowledged,North 27, LLC,("Grantor") hereby assigns,without recourse to the
Grantor,allof the Grantor's right,titleand interestas the same may existas of the date
hereof in and to that certain Oil and Gas Lease with Apollo Energy,LLC,dated January
19, 2006,a memorandum of which isrecorded as Reception No. 694178 of the records
of the Clerk and Recorder of Garfield County,to the Grantees as follows:
An undivided 55% of the Grantor's interest in and to said Lease to Terry
Kirk and JulieKirkas jointtenants,and
An undivided 45% of the Grantor's interestinand to said Lease to Gary A.
Kirk.
The Grantees hereby acknowledge and agree that they accept this assignment
and further,that they are not entitledto any payments made to the Lessor under said
Lease prior to the date hereof. The address of the Grantees is clo Terry Kirk,12144
East Welsh Trail,Scottsdale,AZ 85259.
Dated this 17 da of June,2007.
GRANTOR:NORTH 27,L
By:
Jo . rrier
GRANTEES:
Terry Irk ie Kirk,also kn ACKi
by Terry Kirk,a ney-in-fact
G ,Terry tt e
'
fact
HIllW1.NEMMI(.NI',NthlflWWh'Milkh H ill
Reception#:727432
07/06/200701:59:07PM B: 1947P:0393JeanAlberico
2 of 2 Rec Fee:$11.00Doc Fee:0.00GARFIELDCOUNTYCO
STATE OF COLORADO )
)ss.
COUNTY OF GARFIELD )
Subscribed,sworn to,and acknowledged before me t ES day of June,
2007,by John M. Currier.
Witness my hand and officialseal.....
e
ublic m
My commission expires:06 /28 /2008 Oj .*%
STATE OF O.)
)ss.
COUNTY OF yor 2 )
Subscribed,sworn to,and acknowledged before me this day of
2007,by Terry Kirkforhimself and as attorney-in-factforJulie Kirk,also known as Julie
A.Kirk,and Gary A. Kirk.
Witness my hand and officialseal.
No ry Public
My commission expires:/
6/27/07-C:\DocumentsandSettings\Defaultuser.Server01\MyDocuments\Assistantl\wpdatalRbedoc-J\kirk-north27assignmentofoilandgas
lease-wpd
HIllI'lliaM,WWIR.ld@*"14%@*,141%ll111Reception#:80430908/24/201103:08:42PM JeanAlberico1of5ReoFee:$31.00Doc Fee:0.00GARFIELDCOUNTYCO
Producers88-PAIDUP
Revised
PAID-UP OIL AND GAS LEASE
AGREEMENT,Madeandenteredintothe 2nd dayof May ,20 11 ,byandbetween
Red DogLLC,a Coloradolimitedliabilitycompany
whoseaddressis
1011Main Street Carbondale,CO 81623 ,hereinaftercalledLessor(whetheroneormore)and
AnteroResourcesPiceanceCorporation whoseaddressis _162517t"Street,Suite300,Denver,CO 80202
hereinaftercalledLessee:
WITNESSETH,ThattheLessor,forandinconsiderationofTENAND MORE DOLLARS ($10.00+)cashinhandpaid,thereceiptofwhichisherebyacknowledged,andthecovenantsandagreementshereinaftercontained,hasgranted,demised,leasedandlet,andbythesepresentsdoesgrant,demise,leaseandlet
exclusivelyuntothesaidLessee,thelandhereinafterdescribed,withtheexclusiverightforthepurposeofdrilling,mining,exploringbygeophysicalandother
methods,andoperatingforandproducingtherefromoilandallgasofwhatsoevernatureorkind,specificallyincludingcoalbedmethaneandanyandallsubstances
producedinassociationtherewithfromcoal-bearingformations,withrightsofwayandeasementsforroads,layingpipelines,anderectionofstructuresthereonto
produce,saveandtakecareofsaidproducts,allthatcertaintractoflandsituatedintheCountyofGarfieldStateofColorado,describedasfollows,to-wit:
SeeExhibit"A"Attachedheretoandmadea parthereofforLegalDescription
Addendum attachedheretoandmade parthereof
togetherwithanyreversionaryrightstherein,andtogetherwithallstripsorparcelsofland,(not,however,tobeconstruedtoincludeparcelscomprisingaregular40-acrelegalsubdivisionorlotofapproximatelycorrespondingsize)adjoiningorcontiguoustotheabovedescribedlandandownedorclaimedbyLessor,and
containing27.521acres,moreorless.
1. Itisagreedthatthisleaseshallremaininforceforatermoffive(5)yearsandaslongthereafterasoilorgasofwhatsoevernatureorkindisproducedfromsaidleasedpremisesoronacreagepooledtherewith,ordrillingoperationsarecontinuedashereinafterprovided.If,attheexpirationoftheprimarytermofthislease,oilorgasisnotbeingproducedontheleasedpremisesoronacreagepooledtherewithbutLesseeisthenengagedindrillingorre-workingoperationsthereon,thenthisleaseshallcontinueinforcesolongasoperationsarebeingcontinuouslyprosecutedontheleasedpremisesoron acreagepooledtherewith;andoperationsshallbeconsideredtobecontinuouslyprosecutedifnotmorethanninety(90)daysshallelapsebetweenthecompletionorabandonmentofonewellandthebeginningofoperationsforthedrillingofasubsequentwell.Ifafterdiscoveryofoilorgasonsaidlandoron acreagepooledtherewith,theproductionthereofshouldceasefromanycauseaftertheprimaryterm,thisleaseshallnottenninateifLesseecommencesadditionaldrillingorre-workingoperationswithinninety(90)daysfromdateofcessationofproductionorfromdateofcompletionofdryhole.Ifoilorgasshallbediscoveredandproducedasaresultofsuchoperationsatoraftertheexpirationoftheprimarytermofthislease,thisleaseshallcontinueinforcesolongasoilorgasisproducedfromtheleasedpremisesoronacreagepooledtherewith.
Intheeventawellorwellsisdrilledandcompletedonthelands,oronthelandspooledtherewith,forthepurposeofdevelopingcoalbedgas,theword"operations"shallmean,inadditiontothosematterscoveredintheprecedingparagraph.(1)operationsofsaidwellstoremovewaterorothersubstancesfromthecoalbed,ortodisposeofsuchwaterorothersubstances,eventhoughsuchoperationsdonotresultintheproductionofhydrocarbonsinpayingquantities,or(2)shutting-inorotherwisediscontinuingproductionfromsaidwellstoallowforsurfaceorundergroundminingaffectingthedrillsiteorwellbore.2. ThisisaPAID-UPLEASE,Inconsiderationofthedowncashpayment,LessoragreesthatLesseeshallnotbeobligated,exceptasotherwiseprovidedherein,tocommenceorcontinueanyoperationsduringtheprimaryterm.LesseemayatanytimeortimesduringoraftertheprimarytermsurrenderthisleaseastoalloranyportionofsaidlandandastoanystrataorstratumbydeliveringtoLessororbyfilingforrecordareleaseorreleases,andberelievedofallobligationthereafteraccruingastotheacreagesurrendered.
3. InconsiderationofthepremisesthesaidLesseecovenantsandagrees:1st To delivertothecreditofLessor,freeofcost,inthepipelinetowhichLesseemay connectwellsonsaidland,theequaleighteenpercent(18%)partofalloilproducedandsavedfromtheleasedpremises.2nd To payLessorongasandcasingheadgasproducedfromsaidland(1)whensoldbyLessee,eighteenpercent(18%)ofthenetproceedsderivedfromsuchsaleor(2)whenusedbyLesseeoffsaidlandorinthemanufactureofgasolmeorotherproducts,themarketvalue,atthemouthofthewell,ofeighteenpercent(18%)ofsuchgasandcasingheadgas,Lessor'sinterest,ineithercase,tobeareighteenpercent(18%)ofthecostofcompressing,dehydratingandotherwisetreatingsuchgasorcasingheadgastorenderitmarketableorusableandeIghteenpercent(18%)ofthecostofgatheringandtransportingsuchgasandcasingheadgasfromthemouthofthewelltothepointofsaleoruse.3rd To payLessorforg producedfromanyoilwellandusedoffthepremisesorinthemanufactureofgasolineoranyotherproduct,a royaltyof
eighteenpercent 8%)oftheproceeds,atthemouthofthewell,payablemonthlyattheprevailingmarketrate.4.Wheregasfromawellcap leofproducinggasisnotsoldorused,LesseemaypayortenderasroyaltytotheroyaltyownersOneDollarperyearpernetacreretainedhereunder,suchpaymentortendertobemadeonorbeforetheanniversarydateofthisleasenextensuingaftertheexpirationof90daysfromthedatesuchwellisshutinandthereafteronorbeforetheanniversarydateofthisleaseduringtheperiodsuchwellisshutin.Ifsuchpaymentortenderismade,itwillbeconsideredthatgasisbeingproducedwithinthemeaningofthislease.
5. IfsaidLessorownsalessinterestintheabovedescribedlandthantheentireandundividedfeesimpleestatetherein,thentheroyalties(includinganyshut-ingasroyalty)hereinprovidedforshallbepaidtheLessoronlyintheproportionwhichLessor'sinterestbearstothewholeandundividedfee.6.Lesseeshallhavetherighttouse,freeofcost,gas,oilandwaterproducedonsaidlandforLessee'soperationthereon.7.WhenrequestedbyLessor,LesseeshallburyLessee'spipelinebelowplowdepth.8.Nowellshallbedrillednearerthan200feettothehouseorbarnnowonsaidpremiseswithoutwrittenconsentofLessor.9. LesseeshallpayfordamagescausedbyLessee'soperationstogrowingcropsonsaidland.10.Lesseeshallhavetherightatanytimetoremoveallmachineryandfixturesplacedonsaidpremises,includingtherighttodrawandremovecasing.11.TherightsofLessorandLesseehereunderroaybe assignedinwholeorpart.No changeinownershipofLessor'sinterest(byassignmentorotherwise)shallbebindingonLesseeuntilLesseehasbeenfurnishedwithnotice,consistingofcertifledcopiesofallrecordedinstrumentsordocumentsandotherinformationnecessarytoestablishacompletechainofrecordtitlefromLessor,andthenonlywithrespecttopaymentsthereaftermade.No otherkindofnotice,whetheractualorconstructive,shallbebindingonLessee.No presentorfuturedivisionofLessor'sownershipastodifferentportionsorparcelsofsaidlandshalloperatetoenlargetheobligationsordiminishtherightsofLessee,andallLessee'soperationsmaybeconductedwithoutregardtoanysuchdivision.Ifalloranypartofthisleaseisassigned,noleaseholdownershallbeliableforanyactoromissionofanyotherleaseholdowner.12.Lessee,atitsoption,isherebygiventherightandpoweratanytimeandfromtimetotimeasarecurringright,eitherbeforeorafterproduction,astoalloranypartofthelanddescribedhereinandastoanyoneormoreoftheformationshereunder,topoolorunitizetheleaseholdestateandthemineralestatecoveredbythisleasewithotherland,leaseorleasesintheimmediatevicinityfortheproductionofoilandgas,orseparatelyfortheproductionofeither,wheninLessee'sjudgmentitisnecessaryoradvisabletodoso,andirrespectiveofwhetherauthoritysimilartothisexistswithrespecttosuchotherland,leaseorleases.Likewise,unitspreviouslyformedtoincludeformationsnotproducingoilorgas,may bereformedtoexcludesuchnon-producingformations.TheformingorreformingofanyunitshallbeaccomplishedbyLesseeexecutingandfilingofrecordadeclarationofsuchunitizationorreformation,whichdeclarationshalldescribetheunit.Any unitmay includelanduponwhicha wellhastheretoforebeencompletedoruponwhichoperationsfordrillinghavetheretoforebeencommenced.Production,drillingorreworkingoperationsorawellshutinforwantofamarketanywhereonaunitwhichincludesallorapartofthisleaseshallbetreatedasifitwereproduction,drillingorreworkingoperationsorawellshutinforwantofa marketunderthislease.Inlieuoftheroyaltieselsewherehereinspecilled,includingshut-ingasroyalties,Lessorshallreceiveonproductionfromtheunitsopooledroyaltiesonlyontheportionofsuchproductionallocatedtothislease;suchallocationshallbethatproportionoftheunitproductionthatthetotalnumberofsurfaceacrescoveredbythisleaseandincludedintheunitbearstothetotalnumberofsurfaceacresinsuchunit.Inadditiontotheforegoing,Lesseeshallhavetherighttounitize,pool,orcombinealloranypartoftheabovedescribedlandsastooneormoreoftheformationsthereunderwithotherlandsinthesamegeneralareabyenteringintoacooperativeorunitplanofdevelopmentoroperationapprovedbyanygovernmentalauthorityand,fromtimetotime,withlikeapproval,tomodify,changeorterminateanysuchplanoragreementand,insuchevent,theterms,conditionsandprovisionsofthisleaseshallbedeemedmodifiedtoconformtotheterms,conditions,andprovisionsofsuchapprovedcooperativeorunitplanofdevelopmentoroperationand,particularly,alldrillinganddevelopmentrequirementsofthislease,expressorimplied,shallbesatisfiedbycompliancewiththedrillinganddevelopmentrequirementsofsuchplanoragreement,andthisleaseshallnotterminateorexpireduringthelifeofsuchplanoragreement.Intheeventthatsaidabovedescribedlandsoranypartthereof,shallhereafterbeoperatedunderanysuchcooperativeorunitplanofdevelopmentoroperationwherebytheproductiontherefromisallocatedtodifferentportionsofthelandcoveredbysaidplan,thentheproductionallocatedtoanyparticulartractoflandshall,forthe
RetumTo:
AnteroResourcesCorporatzon
P.O.Box1214
HillIF'd5hM M WEt.ld'MER.1M M 5 III
Reception#:894309
06/241201183:09:42PM JeanAlberico
2 of 5 Rec Fee:$31.00DocFee:0.00GARFIELDCOUNTYCO
purposeofcomputingtheroyaltiestobepaidhereundertoLessor,beregardedashavingbeenproducedfromtheparticulartractoflandtowhichitisallocatedandnottoanyothertractofland;andtheroyaltypaymentstobemadehereundertoLessorshallbebaseduponproductiononlyassoallocated.LessorshallformallyexpressLessor'sconsenttoanycooperativeorunitplanofdevelopmentoroperationadoptedbyLesseeandapprovedbyanygovernmentalagencybyexecutingthesameuponrequestofLessee.
13. Whenoperationsorproductionaredelayedorinterruptedbylackofwater,laborormaterial,orbyfire,storm,flood,warrebellion,insurrection,riot,strike,differenceswithworkmen,orfailureofcarrierstofurnishtransportorfurnishfacilitiesfortransportationorlackofmarketinthefieldfortheminerals.produced,orasaresultofanycausewhatsoeverbeyondthecontrolofLessee,thetimeofsuchdelayorinterruptionshallnotbecountedagainstLesseeandthisleaseshallremaininforceduringsuchdelayorinterruptionandninety(90)daysthereafter,anythinginthisleasetothecontrarynotwithstanding.14. Lessorherebywarrantsandagreestodefendthetitletothelandshereindescribed,andagreesthattheLesseeshallhavetherightatanytimetoredeemforLessor,bypayment,anymortgages,taxesorotherliensontheabovedescribedlands,intheeventofdefaultofpaymentbyLessorandbesubrogatedtotherightsoftheholderthereof,andtheundersignedLessors,forthemselvesandtheirheirs,successorsandassigns,herebysurrenderandreleaseallrightofdowerandhomesteadinthepremisesdescribedherein,insofarassaidrightofdowerandhomesteadmayinanywayaffectthepurposesforwhichthisleaseismade,asrecitedherein.
15.Lessorshereinintendtoleaseanyright,titleandinterestLessorsmayhaveinandtoanyandallmineralrightsinandunderallstripsorparcelsoflandincluding,butnotlimitedtostreets,countyroads,highways,railroadstripsand/oranyandallothereasementsandrightsofwaywhatsoever,canals,ditchesandotherwaterwayslyingacrossand/oradjacentand/orinanywayappertainingtothelandshereinabovedescribed,includingwithoutlimitationanylandsacquiredbyaccretionthroughmeanderofwaterways.16.ShouldanyoneormoreofthepartieshereinabovenamedasLessorfailtoexecutethislease,itshallneverthelessbebindinguponallsuchpartieswhodoexecuteitasLessor.Theword"Lessor,"asusedinthisleaseshallmeananyoneormoreorallofthepartieswhoexecutethisleaseasLessor.Alltheprovisionsofthisleaseshallbebindingontheheirs,successorsandassignsofLessorandLessee.17.LessoragreesthatLesseemay locateawellorwellsonanydrillingsitelocatedonanypartofthelanddescribedherein,includingtherighttoasubsurfaceeasementthroughanypartofthelanddescribedherein,whichwellswillbeusedtoaccessthesubsurfaceofadjacentmineralowners.18.Notwithstandinganythingtothecontraryacontainedherein,Lesseehastheoptiontoextendtheprimarytermanadditionalone(1)yearwiththepaymentofanamountequalto$4(10pernetacre,suchainoimtbeingpaidtoLessoronorbeforetheexpirationoftheprimarytermsetforthaboveinparagraph1.SuchpaymentshallbeconsideredtenderedbyLesseeandreceivedbyLessorwhendeposited,postage-paid,intheUnitedStatesmail,orwitha nationallyrecognizedcarrierservice.
19.ShouldLesseebepreventedfromcomplyingwithorfkilfillinganyexpressorimpliedcovenantorotherprovisionofthislease,byreasonofscarcityofofinabilitytoobtainortouseequipmentormaterial,oranyFederalorStateLaw,oranyorder,ruleorregulationofgovernmentalauthority,orduetotheinabilitytoobtainnecessaryadministrativeactionofagovernmentalauthority,.orbyeventsofforcemajeureand/orbysucheventsasarebeyondthereasonablecontrolofLessee,thenwhilesoprevented,thetimewithinwhichLesseemay complywithorfulfillsuchcovenantorotherprovisionshallbesuspended;andthisleaseshallbeextendedwhileandsolongasLesseeispreventedbyanysuchcausefromconductingoperationsonorfromproducingoilorgasfromsaidLand,andforanadditionalninety(90)daysthereafter;andthetimewhileLesseeissopreventedshallnotbecountedagainstLesseeincomputingthetimewithinwhichcomplianceorperformanceoccurred,anythinginthisleasetothecontrarynotwithstairding.20.PreferentialRight.Fortheconsiderationhereinrecited,ifduringthetermofthislease(butnotmorethan20yearsafterthedatehereof)Lessorreceivesabonafideofferfromanypartytopurchaseanewleagecoveringalloranypartofthelandsorsubstancescoveredhereby,andifLessoriswillingtoacceptsuchoffer,thenLessorshallpromptlynotifyLesseeinwritingofthenameandaddressoftheofferor,andofallpertinenttermsandconditionsoftheoffer,includinganyleasebonusoffered.Lesseeshallhavea periodof30daysafter;/receiptofsuchnoticetoexerciseapreferentialrighttopurchaseanewleasefromLessorinaccordancewiththetermsandconditionsoftheoffer,bygivingLessorwrittennoticeofsuchexercise.Promptlythereafter,LesseeshallfurnishtoLessorthenewleaseforexecution,alongwithatimedraftfortheleasebonuscohditioneduponexecutionanddeliveryoftheleasebyLessorandapprovaloftitlebyLessee,allinaccordancewiththetermsofsaiddraft.WhetherornotLekeeexercisesitspreferentialrighthereunder,thenaslongasthisleaseremainsineffectanynewleasefromtheLessorshallbesubordinatetothisleaseandshallnotbeconstruedasreplacingoraddingtoLessee'sobligationshereunder,
INWITNESSWHEREOF,thisinstrme sexecutedasofthedatefirstabovewritten.
TerryA."a ager,Red Dog LLC
ACKNOWLEDGEMENT-INDIVIDUAL
STATEof
COUNTY of /
BEFOREME,theundersignedNotaryPubh,inandforsaidCountyandState,onthis dayof ,20
personallyappeared ff;///,.y {, &VI&ge?,A str-,/.C.
,tome knowntobetheidenticalpersondescribedinandwhoexecutedthewithinandforegoinginstrumentofwritingandacknowledgedtomethathedulyexecutedsameashis freeand
voluntaryactanddeedfortheusesandpurposesthereinsetforthandinthecapacitystatedtherein.
INWITNESSWHEREOF,Ihavehereuntosetmy handandafflxedmynotarialsealthedayandyearlastabovewritten.
My CommissionExpires:
ACKNOWLEDGEMENT-INDIVIDUAL
STATEof
COUNTY of .
BEFOREME,theundersi Public,aidCountyandState,onthis dayof ,200
personallyappeared
,tome knowntobetheidenticalperson
describedinandwhoexecutedthewithinan strumentofwritingandacknowledgedtomethat he_dulyexecutedsameas freeand
voluntaryactanddeedfortheusesandpurposesthereinsetforthandinthecapacitystatedtherein.
INWITNESSWHEREOF,Ihavehereuntosetmy handandaffixedmynotarialsealthedayandyearlastabovewritten.
My CommissionExpires:
NotaryPublic:
Address:
Afterrecordinareturnto:
TexhomaLandConsultants,Inc.
770W.RockCreekRd.#117
Norman,OK 73069
HillihdWAltWMLIN IM'WIM'S IM IM M ill
Reception#:804309
06/241201103:08.42PM JeanAlberico
3 of 5 ReoFee:$31.00Doc Fee:0.00GARFIELDCOUNTYCO
EXHIBIT "A"
Attachedtoand made a partforallpurposestothatcertainoiland gasleasedatedMay 2,2011,by and between
Red Dog LLC,aColoradoLimitedLiabilityCompany,as Lessor,and AnteroResourcesPiceanceCorporation,as
Lessee,coveringlandinGarfieldCounty,Colorado.
DESCRIPTIONOF LANDS
A tractoflandsituatedinthe Northeast% oftheNortheast% ofsection36,Township5 South,Range92West of
the6thPrincipalMeridian,beingmore particularlydescribedasfollows:
Beginningata pointonthe EastlineofsaidNortheast%oftheNortheast%whenceawitnesscornerforthe
NortheastCornerofsaidsection36 bearingNorth01"07'25"East20.00feetfromsaidNortheastCornerbears
North01"07'25"East454.40feet;thenceSouth01"O7'25"West 887.75feettotheSoutheastCornerofsaid
Northeast% oftheNortheast%;thenceSouth89'21'27"West 1350.12feettotheSouthwestCornerofsaid
Northeast%oftheNortheast%;thencealongtheWest lineofsaidNortheast%oftheNortheast%North
01*00'46"East887.78feet;thenceNorth89"21'39"East1351.83feettothepointofbeginning.
AlsoKnown As
Lot4
Simon SubdivisionExemptionPlat
Accordingtothe platrecordedApril21,1999 as ReceptionNo.544219
AllE,FSM,F,%RMIFRIM'M,1MIN HillReception#:80430906/24/201103:08:42PM JeanAlberico4of5ReoFee:531.00Doo Fee:0.00GARFIELDCOUNTYCO
ADDENDUM
THIS ADDENDUM constitutesan integralpart ofthatcertainPaid-Up Oiland Gas
Lease dated May 2,2011,by and between,Red Dog LLC,a Colorado Limited Liability
Company,Lessor,and ANTERO RESOURCES PICEANCE CORPORATION,as
Lessee:
Conflicts In the eventof a conflictbetween the terms ofthisLease Addendum and the
terms of the printedform lease,the terms ofthisLease Addendum shallcontrol.
Surface Use Restrictions:
No well,well pad,road,pipeline,compressor unitsor stations,tanks,structuresor other
surfacefacilityof any kind shallbe placed upon the Leased Premises.No entryon the
surfaceof the leased Premises shallbe permitted and only pooling and directionaldrilling
from neighboring lands shallbe utilizedby Lessee to develop the leasedmineral rights.
Lessor acknowledges thislimitedsurfaceaccess willinhibitLessee's abilityto protectthe
correlativerightsof Lessor and hereby expresslywaives any and allexpress or implied
dutiesof Lessee regarding same.
Deductions:
Lessee shallbear Lessor'sportion ofthecostto gather,dehydrate,process and compress
naturalgas from the wellhead to thefirstinterconnectwith eitheran interstateor
intrastatepipeline.
Protection of Water Wells:
Lessee agrees,to assume liabilityfor any damage caused by Lessee's operations to
Lessor's water well(s)or other water sources servingthe Leased Premises,and shalltake
allnecessary steps to prevent itsoperationsfrom pollutingany water well,water spring
or other water source locatedon the Leased Premises.Lessee shallhire an independent
third-partyexpert(unlesssuch expert is objected to by Lessor,in which case the parties
shallmutually agree upon a differentexpert)to testthe qualityof (a)each ground water
well or spring locatedon the Leased Premises within a one-half (%)mile radiusof any
surface-holelocationof an oiland gas well or other relevantoperationof Lessee,and (b)
any surface water source on the Leased Premises located up to one-half (%)mile
downstream of the historicdrainageroute(s)of a well pad or other relevantoperationof
Lessee.Testing of a water well,water spring or other water source shalloccur (a)prior
to Lessee conducting drillingoperations,(b)upon completion of allwells drilledfrom a
well pad,and (c)any time thereafterwhen Lessee receiveswrittenrequestfrom Lessor to
conduct such testing,but not to exceed once every two (2)years unless otherwise
warranted (by way of example but not limitation,as a resultof a spillor leak of a size
reportableto the Colorado Oil and Gas Conservation Commission).Inthe event such test
resultsconfirm (inthe sole opinion of the third-partyexpert),that any water source was
contaminated or damaged as a resultof Lessee's operations,Lessee agrees to either(a)
drilla new water well on the Leased Premises at Lessee's expense of at leastthe same
qualityand volume as the damaged well priorto Lessee's operations,(b)provide Lessor
a replacement water source ina likevolume tothe damaged water source,atitssource or
ata locationon the Leased Premises requestedby Lessor,or (c)treatthe water from the
contaminated water source to bring itup to the standardsexistingpriorto contamination.
Lessee shallbegin constructionon any new water well or source,as the case may be,
within sixty(60) days afterreceiptof the third-partyexpert'sreport of contamination or
damage,and shallcomplete such constructionwithin six (6)months thereafter.Lessee
shallprovide potable water by truck or other means to Lessor in an amount sufficientto
replacethe damaged water untilsuch remediationiscompleted.
HillIF'dZMEMh,M IBM'l*WSJ*@M Il illReception#:80430906/24/201103:08.42PM JeanAlberico5of5RecFee:$31.00Doo Fee:0.00GARFIELDCOUNTYCO
No Objection to Subdivision:
Lessee agrees thatitshallnot objectin any way orto any person,entityor agency,to any
applicationfor subdivisionor other land use or development plan thatLessor may submit
or propose for development of or upon the Leased Premises. The subdivisionor other
development of the Leased Premises shallnot modify any of Lessee's obligationsunder
the Lease,asmodified by thisLease Addendum.
RED DO LLC Antero Resources Piceance Corporation
.By:
Ter A. i k,ana er
EXHIBIT I
Past Approval Documents
EXHIBIT J
Addendum
Responses to Letter of Completeness
Garfield County Completeness Review – 10/30/2023
list/addresses of property owners within 200 feet
Mineral Notice Form
Updated Geotechnical Letter
Mark Chain Consulting, LLC
811 Garfield Avenue Carbondale, CO 81623 Ph 970.309.3655 Fax 970.963.2916
mchain@sopris.net
December 27, 2023
John Leybourne, Planner III
Garfield County Community Development
108 8thStreet, Suite 401
Glenwood Springs, CO 81601
Re: Completeness Review Mountain View Sketch Plan (SSPA-08-23-8979)
Dear John:
Thanks for your letter of October 30. We’ve updated the application and all new
information is included in Exhibit J - Addendum. Those items are:
• Owners/mailing addresses of owners within 200 feet
• Mineral Notice Form
• Geotechnical Report Update
You did have one additional item in your letter saying that the thumb drive had a
corrupted file. We have sent you these documents/this application via dropbox
link.
Contact me with any questions.
Thank you,
Mark Chain, planner
October 30, 2023
Mark Chain, Mark Chain Consulting
811 Garfield Ave.
Carbondale, CO 81623
RE: Completeness Review Mountain View Sketch Plan (SSPA-08-23-8979)
Dear Mark:
Thank you for the detailed submittals that you have provided for your Subdivision Sketch Plan
application. Our completeness review includes input form the County Attorney’s Office and
review of submittals as documented in your pre-application summary. Our review has
determined the following items need to be addressed prior to a determination of technical
completeness.
1. 200-foot public notice addresses need to be provided.
2. Mineral Notice Form needs to be provided.
3. The electronic file of the proposed site plan/plat is corrupted. Please provide non-
corrupted file.
4. Geotechnical report is out of date.
Once the above topics are addressed, we can schedule a date for your Public Hearing before
the Planning Commission. Please note that the Garfield County Land Use and Development
Code requires that the technical completeness issues be resolved within 60-days of the date of
this letter, otherwise the application will be deemed withdrawn unless a request for extension is
submitted and approved. Please feel free to contact me with any questions on the
completeness topics noted above or if you need clarification on any of the items.
Sincerely,
John Leybourne
Planner III
Community Development Department
AYALA VILLAMAN, LORETO & AYALA MO
68 LARKSPUR COURT
SILT CO 81652
DALEY, FRANK G & SHEILA M
4670 COUNTY ROAD 311
NEW CASTLE CO 81647-9621
GOODWIN, KRISTIN MARIE & WILLIAM H
830 COUNTY ROAD 250
SILT CO 81652
JUNGE, TOMMY ALAN & SUSAN K
0688 COUNTY ROAD 250
SILT CO 81652
MACLAUGHLIN, ROBERT B & SYLVIA A
892 COUNTY ROAD 250
SILT CO 81652
MCKEE, KELLY RAE
0755 COUNTY ROAD 261
SILT CO 81652
MILLER, NATHAN & KELSEY
383 COLUMBINE LANE
SILT CO 81652
MUNOZ, MARTIN VERVEJA & TOOLE, MA
1 COLUMBINE LANE
SILT CO 81652
OCHOA, PRIMITIVO & ELSA
256 COLUMBINE LANE
SILT CO 81652
RED DOG LLC
12144 E WELSH TRAIL
SCOTTSDALE AZ 852595118