HomeMy WebLinkAbout1.0 ApplicationAPPLICATION
Special Use Permit
RECEIVED DEC 1 2 2000
GARFIELD COUNTY PLANNING DEPARTMENT
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Telephone: 970.945.8212 Facsimile: 970.945.7785
Submittal Date: £CTO p , 2000 Base Fee: $400
S6,144 \(-H 1A0,--1K)c
Applicant:
Address of Applicant: 1P"1T 1 Telephone: C/45 11004
Special Use Being Requested: 2.02-4-46 e.pR-T
Zone District: Size of Property: .575 LCRZFrS A� C)
Application Requirements: These items must be submitted with the application
1] Plans and specifications for the proposed use including the hours of operation, the amount of vehicles
accessing the site on a daily, weekly and/or monthly basis, and the size of any existing or proposed
structures that will be utilized in conjunction with the proposed use. Please submit this information
in narrative form and be specific.
2] If you will be using water or will be treating wastewater in conjunction with the proposed use, please
detail the amount of water that would be used and the type of wastewater treatment. If you will be
utilizing well water, please attach a copy of the appropriate well permit and any other legal water
supply information, including a water allotment contract or an approved water augmentation plan.
3] A map drawn to scale portraying your property, all structures on the property, and the County or State
roadways within one (1) mile of your property. If you are proposing a new or expanded access onto
a County or State roadway, submit a driveway or highway access permit.
4] A vicinity map, showing slope of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map
will suffice.
5] A copy of the appropriate portion of a Garfield County Assessor's Map showing all public and private
landowners adjacent to your property. Include a list of all property owners and their addresses.
6] Attach a copy of the deed and a legal description of the property. If you are acting as an agent for the
property owner, you must attach an acknowledgment from the property owner that you may act in
his/her behalf.
7] For all applications pertaining to airports, the oil and gas industry, power generation and/or
transmission industry, or any other classified industrial operation, you must submit an impact
statement consistent with the requirements of Sections 5.03, paragraphs 1 thru 3; 5.03.07, inclusive;
and 5.03.08, inclusive.
The consideration of this proposed Special Use will require at least one (1) public hearing, for which public
notice must be provided. The Planning Department will mail you information concerning this hearing(s),
approximately 30 days prior to the scheduled hearing. You will then be required to notify, by certified return
receipt mail, all adjacent landowners and publish the notice provided by the Planning Department, in a
newspaper of general circulation. Both these notices must be mailed/published at least 15 days prior to the
public hearing. The applicant shall bear the cost of mailing and publication and proof of mailing and
publication must be submitted at the time of the public hearing.
The information contained wi this pplication is complete and correct, to the best of my knowledge:
Applicar�-�-'^•--� � Date:
iD /3/fie
2.02.445 Processing: See Section 2.02.31(2). (A. 80-180)
2.02.446 Recreational Support Facilities: Those facilities used exclusively for the preparation,
maintenance and storage of equipment used in recreational activities; business operations and
nonresidential shelter facilities for persons engaged in said activities. (A. 81-263)
2.02.447 Repair: See Section 2.02.31 (5). (A. 80-180)
2.02.448 Resort: Dude ranch or guest ranch; hinting or fishing camp, cross-country or trail skiing lodge
(any of which shall not exceed twelve (12) dwelling units or forty-eight (48) beds or visitor
capacity), land used for the purpose of recreation, which provides lodging, recreational
activities, dining facilities, commissary and other needs operated on the site for guests or
members. (A. 81-145; 81-263)
2.02.449 Riding Stable: An establishment where instructing in riding, jumping and showing horses is
offered for a fee and/or the general public may, for a fee, hire horses for riding. (A. 94-148)
2.02.45 Row House: A single family dwelling sharing one (1) or two (2) common side building walls
with an adjacent similar dwelling or dwellings and extending from the lowest to the highest
point of the building between said common side walls.
2.02.46 School: A public or private pre-school, elementary or secondary school or college.
2.02.47 • Septic Tank: A water-tight, accessible, covered receptacle designed and constructed to receive
sewage from a building sewer, to settle solids from the liquid, to anaerobically digest organic
matter and store digested solids through a period of retention and allow the clarified liquids
to discharge to other treatment units for final disposal. (A. 79-132)
2.02.48 Setback: The minimum dimension of a required yard.
2.02.49 Sewage Treatment Works: A system or facility for treating, neutralizing, stabilizing or
disposing of sewage, which system or facility has a designated capacity to receive more than
two thousand (2,000) gallons of sewage per day. The term "sewage treatment works" includes
appurtenances such as interceptors, collection lines, out fall and outlet sewers, pumping
stations and related equipment.
2.02.493 Shooting Range Facility A public or private facility designed to provide training in the use
of firearms, firearm practice and firearm competition, for use by persons other than the owner,
resident Lessee, their immediate family members any time; or less than five (5) friends on an
irregular basis.(A. 98-108)
2.02.495 Storage: See Section 2.02.31 (4). (A. 80-180)
2.02.50 Street: A right-of-way reserved for public use (other than an alley) which also provides
primary vehicular and pedestrian access to adjacent properties; it may also be used for utility
access to adjacent properties.
(1) Street, arterial: a street primarily used for through traffic, as designated on the Zone
District Maps;
(2) Street, local: a street primarily used for access to adjacent properties.
2.02.51 Subdivided Land: Land located either within a subdivision, a plat of which has been filed in
the office of the Clerk and Recorder of Garfield County, or land which has been specifically
exempted from subdivision review by the County Commissioners.
2.02.52 Use:
(1) Use principal: the purpose or function of which a lot, structure or building is intended,
designed or constructed, or the activity which is carried on within said lot, structure or
building; a noncommercial lot is 1 esti icted to one (1) principal use;
13
Sept. 29, 2000
Application Requirement #1
Plans and Specifications
This proposal is for the addition of one log cabin
unit to our existing Bed and Breakfast operation. The
cabin would be 600 square feet, one bedroom, one
bath. The cabin would be located in the same general
area as the already existing structures (see site map).
Currently, our operation consists of two guest
rooms in the main house and one existing log cabin.
Our annual occupancy rate is approximately
50%. We are open for business year'round. We
would expect one additional vehicle per day, 15 days
per month, utilizing County Road 117.
Application Requirement #2
Currently, our water supply is a spring (see
attached information). The proposed cabin would
have a separate and independent septic tank and leach
field. Concerning water use, we would anticipate
water consumption to be based on the 50% occupancy
rate previously mentioned.
Application Requirement #3
See attached map. No expanded access is
proposed.
Application Requirement #4
Quadrangle map included.
Application Requirement #5
Garfield County Assessor's Map included.
List of all adjacent property owners:
014 John Buxman Sr.
P.O. Box 608
Glenwood Springs, Co. 81602
017 Norma J. and Doris M. Ely
38 E. Sopris Ct.
Glenwood Springs, Co. 81601
018 Dale and Jean Hawkins
46 E. Sopris Ct.
Glenwood Springs, Co. 81601
019 Greg Greer and Linda Markley
33 E. Sopris Ct.
Glenwood Springs, Co. 81601
022 Oak Meadows Homeowners Assoc.
P.O. Box 1334
Glenwood Springs, Co. 81601
e
001 Oak Meadows Development
P.O. Box 1298
Glenwood Springs, Co. 81601
004 Ruth and Robert Jessup
6601 County Rd. 117
Glenwood Springs, Co. 81601
008 John Traul Jr.
8 Spring Ridge Ct.
Glenwood Springs, Co. 81601
Application Requirement #6
See attachments
Application Requirement #7
Does not Apply
e
ATTACHMENT 3
SITE DIAGRAM
RE Vt0 FEB 2 8 2001
9�v
499546 B-995 P-982 10/11/1996 09:26A PG 1 OF 5 REC DOC NOT
MILDRED ALSDORF GARFIELD couinY CLERK AND RECORDER 26.00
SPRING/PIPELINE EASEMENT
We, JOHN M. TRAUL, JR., whose legal address is 6471 County
Road 117, Glenwood Springs, of the County of Garfield, State of
Colorado is the owner of a tract of land known as Parcel C, Traul
Subdivision Exemption Plat recorded as Reception No. 372920 of the
records of the Clerk and Recorder of Garfield County, and amended
by Amended Traul Exemption Plat recorded as Reception No. 471910 of
the records of the Clerk and Recorder of Garfield County and more
specifically described on Exhibit "A" attached hereto; and ANDRE
LEE TRAUL, whose legal address is 1623 Linclonwood Dr., Glenwood
Springs, Colorado, 81601, of the County of Garfield and State of
Colorado, is the owner of a tract of land know as Tract B as
described in Resolution No. 80-321 Granting an Exemption from
Subdivision for John and Gail Traul recorded as Reception No.
310758 of the records of the Clerk and Recorder of Garfield County
and more specifically described on Exhibit "A" attached hereto,
Grantors; and in consideration of Ten Dollars and other good and
valuable consideration, the receipt of -which is hereby
acknowledged, do grant, sell, and convey to JOHN M. TRAUL, SR. and
THERESA A. TRAUL, whose legal address is 6471 County Road 11,
Glenwood Springs, of the County of Garfield and State of.Colorado,
Grantees, the following easement:
A easement 10 foot centerline in width, from the Springhouse
located in the SW1/4 SE1/4 of Section 15, T. 7 S., R. 89 W. of
the 6th P.M. at a point whence the Southeast corner of said
Section 15, bears S. 72°41' E. 1894.28 fee, on Tract B as
described in Resolution No. 80-321 Granting an Exemption from
subdivision for John and Gail Traul recorded as Reception No.
310758 of the records of the Clerk and Recorder of Garfield
County owned by Andrea Lee Traul, following the course of the
Traul Pipeline as built approximately 300 feet across Parcel
C of the Traul Exemptions Plats above described and Tract B as
described in Resolution No. 80-321 Granting an Exemption from
Subdivision for John and Gail Traul recorded as Reception No.
310758 of the records of the Clerk and Recorder of Garfield
County, to the point that the Traul Pipeline intersects Parcel
B of the Amended Traul Exemption Plat recorded as Reception
No. 471910 of the records of the Clerk and Recorder of
Garfield County, owned by Grantees and more specifically
described on Exhibit "A", all as shown the map attached hereto
and incorporated herein as Exhibit "B". Said easement being
over and across lands in W1/2 SE1/4 of Section 15, T. 7 S., R.
89 W. of the 6th P.M. as more particularly described as Parcel
C, Traul Amended Exemption Plan and Traul Exemption Plat and
Tract B as described in Resolution No. 80-321 Granting an
Exemption from Subdivision for John and Gail Traul recorded as
Reception No. 310758 of the records of the Clerk and Recorder
of Garfield County. This easement being for the purpose of
access to and from the Traul Spring(house) and Pipeline for
the operation, maintenance and repair of the spring and
pipeline that provides water to the log home as constructed on
Parcel B, Traul Subdivision Exemption Plat recorded as
J ohx 'f-ravI
(0911 111 Rd. CD 81bC1
499546 B-995 P-983 10/11/1996 O9:26A PG 2 OF 5
Reception No. 372920 of the records of the Clerk and Recorder
of Garfield County, and amended by Amended Traul Exemption
Plat recorded as Reception No. 471910 of the records of the
Clerk and Recorder of Garfield County, owned by Grantees.
This easement is for the benefit of the Grantees and
appurtenant to that land situate in the W1/2 SE1/4 of Section 15,
T. 7 S., R. 89 W. of the 6th P.M. as more particularly described as
Parcel B, Traul Subdivision Exemption Plat recorded as Reception
No. 372920 of the records of the Clerk and Recorder of Garfield
County, and amended by Amended Traul Exemption Plat recorded as
Reception No. 471910 of the records of the Clerk and Recorder of
Garfield County.
The Grantees agree to repair and maintain the easement granted
herein at the cost and expense of Grantees, and that said•°Grantees
will in no way hinder or prevent the proper and reasonable use and
enjoyment of the property through which the easement is granted.
IN WITNESS WHEREOF, The Grantors have executed this deed on
the date set forth above.
STATE OF COLORADO
COUNTY OF GARFIELD
The foregoing
t`j day of
\,/o h -1A—
ss
instrument
was
My;,,coiilmexpires: / - — 97
.W.i.thess nye Aand and official seal.
\ Sufic/
\/1k)`\
ANDREA LEE TRAUL
acknowledged before me this
19,4 , by
Notary Public
Ad- amar/II
Address of No ary
499546 B-995 P-984 10/11/1996 09:26A PG 3 OF 5
STATE OF COLORADO §
§ ss
COUNTY OF GARFIELD §
.The
foregoing
day of
/ W
My commission expires: 7.9 7
instrument
i •_
Leda
was
acknowledged before me
19q(r
Witness my hand and official seal.
\``o111111111!I/, o,
Sc'/ N6TARY s
Notary Publie��°U g G f
70.7 '• •• ••.t • ,
this
by
Add ess of Notary
ANDREA LEE TRAUL
PROPERTY TRACT B
GRANTOR
JOHN M. TRAUL JR.
PROPERTY PARCEL C
G RANTOR
hrect 8; A tract of lend situated in the southeast quarter of Seetron
15 Township 7 South, Range 89 West of the 6th Princiapl Meridian, being
more particularly described as follows:
Beginning at the most southerly point of a tract of land described in
Rec. No. 288150 in Book 514 at Page 960 of the records of the office
of the Garfield County Clark and Recorder, this point also being
Coordinate Point No. 425, Oak Meadows Ranch, Oak Meadows Filin1 No.
4, Mended Plat of Area V; thence along the westerly boundary line
of raid tract of land described in Reception No. 288150 the following
courses; N 30'19'11" N 320.26 feat; thence S 69'19'47" W 38.00 feet;
thence N 10'01'07" W 89.32 (eat; thence departing said westerly
boundary line of said tract of land described in Reception No. 288150
N 78,'09'07" E.392.66 (eat to a point on the southeasterly boundary
line of said tract of land described In Reception 7(o. 288150; thence
along Cha southeasterly boundary lino of aa[d tract of land described
in Reception No, 288150 the following tourism; S 06'15'00"
feet; thence S 44'33'00" W 280,66 feet to the point of beginning,
containing 2.34 acrua more or lane,
(in the State of Colorado and County of Car(Iald); and
JOHN M. TRAUL SR.
E. THERESA A. TRAUL
PROPERTY PARCEL B
GRANTEES
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17,
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A tract of land situate In the West 1/2 o/ the Southeast 1/4 of Section
15, Township 7 South, Range 89 Wes( of the 5th Principal Meridian being
more particularly described os fo/lows:
Beginning 01 o point on the westerly line of the South Parcel o/ the
Trout Subdivision Exemption os recorded in the records o/ the Clerk and
Recorder of Garfield County, Colorado, whence coordinate Point No. 425
Ook Meadows Ranch, Ook Meadows Filing No. 4, Amended Plat o/ Area V.
County of Garfield, Slate of Colorodo bears 5 27'19'77' E 644.99 feet
distant; thence N 54'46'02" E 164.43; /eel thence 5 3739'44" E 98.70
foe(; thence S 84'35'45" £ 247.45 feel, (hdnca 5 24'51'49' E 26.29 feet;
thence S 07J5'41' W 50.51 feel; thence 5 0705'49' E 42.76 feet to o -
point on the south fine of sold South Portal; thence 5 84'05'00' W JJ.00
feat; thence S 76"09'07" W 192.56 feet; thence N 10'01'07` W 245.00 feet
to the point o/ beginning.
Sold parcel contains 2.05 acres, more or lass.
LEGAL DESCRIPTION - PARCEL B
.A tract of lond situate In the West 1/2 of the Southeast 1/4 of Section
15, Township 7 South, Range 89 West of the 5th Principal Meridian being
more particularly described os follows:
•
Beginning 01 the northeast corner of the South Poiret of the rroul
Subdivision Exemption os recorded in the records of the Clerk and
Recorder of Corfield County, Colorodo, whence coordinate Point No.
42.5, Ook Meadows Ronch, Ook Meadows filing No, 4, Amended Plot of .reo
V, County of Corfield, S(0(o of Colorodo boors 5 04'23'55" E 1129.30
feet; thence along the boundary o/ said South Porcel the following
,•e/ght (8) courses:
1. S 59'J228 W 98.97 feel,'
2. thence 55.95 fee( along the arc of o 55.90 foot radius curve
to the right having o control ongle of 5721'25' and
subtending a chord bearing N 81'45'50" W 5.155 fee(;
thence N 57'06'07' W 160.80 feel;
4, thence 81.20 feet along the arc of o 29.67 radius curve to the
left having o centro/ angle of 156'48'24' and subtending o
chord bearing S 49'29'41 W 58.1J feet;
5. thence S 73'42'02" W 40.77 fee(;
8, (hence S J2'22'49" £ 270.27 feet;
7. thence S 10'01'07' £ 342.34 feet;
8. thence N 64'46'02" £ 164.4J loot;
thence S 37' J9'44' E 98.70 feet; (hence 5 84'J5'45• E 243.45 feet;
thence S 24'51'49' E 25.29 feet; (hence 5 0735'4!' W 5051 feel;
thence S 0705'49" E 42.76 fee( to o point on the south lino of sora
South Parcel; thence N 64'05'00" E 125.60 feet to the southeast
comer of sold South Parcel; thence along the east line of said parcel
the following four (4) courses:
1. N 24U1'.51" W 167.75 feet;
2. thence N J729'28" W 201.19
.� thence N 2744'52' W 228.52
'4. thence N J5'40'48' W 201.20
fee(;
feet',
fee( to the point of beginning.
Sold pane/ of lond contains 5.38 acres, more or less.
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499547 B-995 P-987 10/11/1996 09:31A PG 1 OF 5 REC DOC NOT
MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 26.00
GRANT OF EASEMENT
THIS GRANT OF EASEMENT is conveyed by Andrea Lee Traul, whose address is
1623 Lincolnwood Drive, Glenwood Springs, Colorado 81611, ("Grantor") to John M. Traul,
Sr, and Theresa A. Traul, whose address is 6471 County Road 11, Glenwood Springs,
Colorado 81601 ("Grantees").
RECITALS
A. Grantor is the owner of certain real property in the County of Garfield, State of
Colorado known as and referred to as Tract B in Resolution No. 80-321 Granting an
Exemption from Subdivision for John and Gail Traul which Resolution is recorded at
Reception No. 310758 of the records of the Clerk and Recorder of Garfield County, Colorado.
Said real property owned by Grantor is more particularly described on Exhibit "A" which is
attached hereto and made a part hereof, (the "Burdened Lands").
B. Grantees are the owners of certain real property in the County of Garfield, State
of Colorado known and referred to as Parcel B of the Amended Traul Exemption Plat
recorded at Reception No. 471910 of the records of the Clerk and Recorder of Garfield
County, which Parcel is more particularly described on Exhibit "A" hereto, (the "Benefitted
Lands").
C. By this Grant of Easement, Grantor desires to create and provide for an
easement over, upon, across and through the Burdened Lands for the limited purposes set forth
below and for the exclusive benefit and enjoyment of the Benefitted Lands and the Grantees.
NOW 'THEREFORE, for Ten Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledge, Grantor does
hereby grant and convey to Grantees, their successors and assigns forever, the following
described exclusive easement (the "Easement') over, across and through the Burdened Lands,
subject to the terms and conditions hereinafter set forth.
1. The Easement herein granted and conveyed shall be ten (10) feet in width, being
five (5) feet on either side of a centerline commencing at the Springhouse located on the
Burdened Lands in the SW'/ SE'/a of Section 15, Township 7 South, Range 89 West of the 6th
Y.M. at a point whence the Southeast corner of said Section 15 bears S 72° 41' E 1894.28
feet and thence following the course of the Traul Pipeline as it exists on the date hereof and as
generally depicted on Exhibit "B" attached hereto and made a part hereof to a point of
intersection with Parcel C of the Traul Subdivision Exemption Plat recorded at Reception No.
372920 of the records of the Clerk and Recorder of Garfield County as amended by Amended
Traul Exemption Plat recorded at Reception No. 47190 of said Garfield County records.
AlAct tau
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Ca1e+'\wcodSprtinc85, Co 431bO 1
499547 B-995 P-988 10/11/1996 09:31A PG 2 OF 5
2. The Easement shall be for the purposes of maintaining, operating and repairing
the pipeline, the Springhouse and other appurtenant facilities utilized in connection with the
spring which provides water to the existing log home on the Benefitted Lands. The Easement
shall include the right of ingress and egress upon the Burdened Lands for such purposes.
3. The Grantees shall repair, maintain and operate the pipeline and the Easement at
their sole cost, risk and expense and shall indemnify and hold harmless Grantor from and
against any such cost, risk or liability arising out of or in any way related to the repair,
operation and maintenance of the pipeline or the Easement.
4. The Easement shall be for the exclusive benefit of the Benefitted Lands and a
burden upon the Burdened Lands. The rights, covenants and obligations created hereunder,
and the Easement herein granted, shall run with the Benefitted Lands and the Burdened rands
in perpetuity and shall be binding upon and inure to the benefit of the parties hereto, their
respective successors, assigns and legal representatives forever.
5. Notwithstanding anything herein to the contrary, the Easement shall terminate
upon the abandonment or discontinuance of use thereof by Grantees. In addition, the
Easement shall terminate upon the cessation or material reduction of the flow of water from
the applicable spring and through the pipeline. For the purposes hereof, a material reduction
in the flow of water shall mean a flow or quantity which is no longer sufficient for purposes of
meeting the domestic water requirements of the log home on the Benefitted Lands.
6. Grantees shall exercise due care and assure that the Fasement is used in a safe
and a reasonable manner by themselves, their agents and invitees,
7. The Easement shall be governed and construed in accordance with the laws of
the State of Colorado.
8. The pipeline may be relocated at the option of Grantor, and the location of the
Eascsrnent adjusted accordingly, provided, however, that all costs and expenses associated
with any such relocation shall he borne by Grantor. Upon a relocation of the pipeline and
Easement, Grantor shall promptly record an amended description of the Easement with the
Clerk and Recorder of Garfield County.
9. There shall he no material increase in use or other alteration in the nature of the
Easement from that existing as of the date hereof, being for the limited purpose of furnishing a
domestic water supply to the log house on the Benefitted Lands, without the written consent
and approval of Grantor. Any such consent and approval may be granted only by amendment
to this Easement, endorsed by Grantor, which shall thereafter be filed of record in Garfield
County.
10. By instrument entitled Spring/Pipeline Easement and recorded in the Garfield
County records at Reception No. q qq 54(0 , John M. Traul, Jr. also conveyed an easement
-2-
499547 B-995 P-989 10/11/1996 09:31A PG 3 OF 5
to the Grantees herein for the same purposes as this Grant of Easement. The Grantor herein
was initially made a party to such Spring/Pipeline Easement and, in fact, endorsed the same
but deleted that endorsement prior to recordation. This Easement supersedes, replaces and in
all respects governs the terms and conditions of Grantor's grant of easement to the Grantees
and the Spring/Pipeline Easement entered into by John M. Traul, Jr. shall have no effect
whatsoever with respect to the Grantor herein or the Burdened Property.
IN WITNESS WHEREOF, Grantor has executed this Grant of Easement this I I . day
of October, 1996.
STATE OF COLORADO
COUNTY OF
) ss.
Andrea Lee raul
Subscribed and sworn to before me this // t-4 day of 2C4 G -r t , 1996.
WITNESS my hand and official seal.
My comtnission expires:
Y�. i'!iis,Io,7ISSI(;N FXPJRES1
November 16, 1999 /1
(SEAL] Notary Public
N1'166867,1
1'1661367.1
3
499547 13-995 P-990 10/11/1996 09:31A PG 4 OF 5
EXHIBIT A
To Grant of Easement dated October _, 1996
By Andrea Lee Traul, Grantor, to John M. Traul, Sr.
and Theresa A. Traul, Grantees
Burdened Lands:
A tract of land situated in the southeast quarter of Section 15 Township 7 South, Range
89 West of the 6th Principal Meridian, being more particularly described as follows:
Beginning at the most southerly point of a tract of land described in Reception No. 288150 in
Book 514 at Page 960 of the records of the office of the Garfield County Clerk and Recorder,
this point also being Coordinate Point No, 425, Oak Meadows Ranch, Oak Meadows Filing
No. 4, Amended Plat of Area V; thence along the westerly boundary line of said tract of land
described in Reception No. 288150 the following courses: N 30°19'11" W 320.26 feet;
thence S 69°19'47" W 38.00 feet; thence N 10°01'07" W 89.32 feet; thence departing said
westerly boundary line of said tract of land described in Reception No. 288150 N 78°09'07" E
392.66 feet to a point on the southeasterly boundary line of said tract of land described in
Reception No. 288150; thence along the southeasterly boundary line of said tract of land
described in Reception No. 288150 the following courses: S 06°15'00" E 233.00 feet; thence
S 44°33'00" W 280.66 feet to the point of beginning, containing 2.34 acres more or less.
Benefitted Lands:
A tract of land situated in the West 1/2 of the Southeast '/a of Section 15, Township 7 South,
Range 89 West of the 6th Principal Meridian being more particularly described as follows:
Beginning at the northeast corner of the South parcel of the Traul Subdivision Exemption as
recorded in the records of the Clerk and Recorder of Garfield County, Colorado, whence
coordinate Point No. 425, Oak Meadows Ranch, Oak Meadows Filing No. 4, Amended Plat
of Area V, County of Garfield, State of Colorado bears S 04°23'55" E 1129.30 feet; thence
along the boundary of said South parcel the following eight (8) courses:
1. S 69032'28" W 98.97 feet;
2. thence 55.96 feet along the arc of a 55.90 foot radius curve to the right having
a central angle of 57°21'25" and subtending a chord bearing N 81°46'50" W
53.65 feet;
3. thence N 55°08'07" W 180.80 feet;
4. thence 81.20 feet along the arc of a 29.67 radius curve to the left having a
central angle of 156°48'24" and subtending 0 chord bearing S 45°29'41" W
58.13 feet;
. 499547 B-995 P-991 10/11/1996 09:31A PG 5 OF 5
5. thence S 73°42'02" W 40.77 Feet;
6. thence S 32°22'49" E 270.27 feet;
7. thence S 100°01'07" E 342.34 feet;
8. thence N 64°46'02" E 164.43 feet;
thence S 37°39'44" E 98/0 feet; thence S 84°35'45" E 243.45 feet; thence S 24°51'49" F.
26.29 feet; thence S 07°35'41" W 60.53 feet; thence S 07°05'49" E 42.76 feet to a point on
the south line of said South Parcel; thence N 84°05'00" E 125.60 feet to the southeast corner
of said South parcel; thence along the cast line of said parcel the following four (4) courses:
1. N 24°31'51" W 167.75 feet;
2. thence N 37°29'28" W 201.19 feet;
3. thence N 27°44'52" W 228.62 feet;
4. thence N 35°40'48" W 201.20 feet to the point of beginning
)RFi6 S i52. t
P.O. Box 1908
1005 Cooper Ave.
Glenwood Springs,
CO 81602
RECEIVED FEB 2 8 2001
(970) 945-5700
(970) 945-1253 Fax
Z414C4NELL4 4140 4SSOCI4TES, INC,
ENGINEERING CONSULT414
February 22, 2001
Mr. Jim Hawkins
Four Mile Creek B&B
6471 County Road 117
Glenwood Springs, CO 81601
Re: Spring Flow
Dear Jim:
As requested, Zancanella & Associates, Inc. has conducted a brief investigation of the
flow of the Traul Spring with respect to the addition of one cabin to the Four Mile Creek
B&B facility.
It is our understanding that the addition of one cabin is expected to increase the
maximum occupancy of the facility to 12 persons, 8 guests and up to 4 owners /
employees. Based on an expected per capita water requirements of 100 gallons per
day per person, the enlarged facility would require approximately 1200 gallon per day,
or a continuous maximum diversion of approximately 0.83 gallons per minute.
On February 21, 2001, our office observed the water level in the cistern to be filled to
overflowing. It was estimated that approximately 2-3 gallons per minute was
overflowing from the cistern to waste. A meter and flow restricting device was installed
on the main water supply line at the main house. Water was allowed to flow through
the meter to waste for 24 hours. During the test period, 1652 gaiions passed through
the meter producing a continuous flow of approximately 1.15 gallons per minute. Prior
to the end of the test period, the cistern was observed to be continually overflowing at a
rate estimated to be approximately 2 gallons per minute with the water level in the
cistern being approximately 0.25 inches from the level observed 24 hours earlier.
Generally, ground water levels would be expected to be at their lowest during the late
winter prior to the occurrence of spring recharge. The test of the facility was conducted
during the expected low water period. It would appear that based on our observations,
there is sufficient flow from the Traul Spring to supply the Four Mile Creek B&B
including the proposed one additional cabin.
If you have any questions please call our office at (970) 945-5700.
Very truly yours,
Zancanella & As$ociates, Inc.
Mark Hayes
Technician
vt, A 1:9.A4,0(
Thomas A. Zancanella, PE
President
cc:
Seal:
N:\21000\Four Mile Creek B&B\water.wpd
Contract No. FM961210JT (a )
Map ID No. 11
Date Activated 5- a a - (V-1
AP 'CATION AND DATA FORM TO LEASE WATER FRO
WEST DIVIDE WATER CONSERVANCY DISTRICT
A. APPLICANT
Name John M. Traul Sr., individually and for John M. Traul Jr.& Andrea Le
Address' 6471 County Rd. 117, Glenwood Springs, Co Trau
Telephone Number 970 / 945 - 8456
Authorized Agent or Representative Billie G. Burchfield (970) 945-8818
and, JohnM':.Ttaul, Sr.
B. WATER RIGHT OWNED BY APPLICANT Traul Pond
Name of Right Face Mountain Spring, First Enlargement;Traul Spring,lst en:
Type of Structure or Right Springs/Pond ,
Location of Point of Diversion See attached Application to Water Court
Water Court Case No. 96 CW 274
Well Permit No.
C. INTENDED USE OF LEASED WATER
Location of Area of Use (Include complete and accurate legal
description of property on which water right is to be used.
May be attached as Exhibit A) �/
TA/PL .5LJAO/Vis/0/J �x � rn 77 /d5 SEE "-,SCt)77 /V N. 16 -3 g/ 7L �i4
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Total Acreage t. -7.(01i5
Description of Use Domestic for 8 single family dwellings; consumptive
use for evaporation loss; augmentation for consumptive use of ?0001
sq. ft. lawn
Total Number of Proposed Dwelling Units 8
Number of Constructed Units 1
Number of Vacant Lots 7 ._
Proposed Potable Water System Faces naramV ,S.° IN /Q.4ua 3.0R/4J,
Proposed Waste -Water Treatment System Septic and leach field
Projected Monthly Volume of Leased Water Needed in AG,QW: FE 7-;
Jan. .04 Feb. .04 Mar. .04 Apr. .041 May .131
June..157 July .162 Aug. .136 Sept..110 Oct..053
Nov. .04 Dec. .04
Annual Total Gallons
Acre Feet 0.990
Maximum Instantaneous Demand gpm
D. OTHER REMARKS
GDA/sd/27PTi1/ /J.SE JAl AC4E-
Date cY / /i5',
pplicant Applicant
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DISTRICT COURT, WATER DIVISION NO. 5, STATE CF COLORADO
Case No. 96CW274
RULING OF REFEREE
IN THE MATTER OF THE APPLICATION FOR SURFACE ;DATER RIGHTS, STORAGE
WATER RIGHT, ALTERNATE POINT CF DIVERSION AND PLAN FOR AUGMENTATION
OF:
ANDREA LEE TRAUL, JOHN M. TRAUL, JR., THERESA A. TRAUL AND
JOHN M. TRAUL, SR.
IN FOUR MILE CREEK AND ITS TRIBUTARIES,
TRIBUTARY TO THE COLORADO RIVER
IN GARFIELD COUNTY, COLORADO
The above entitled Application was
and was referred to the undersigned as
Division No. 5, State of Colorado, by
Court, in accordance with Article 92
Revised Statutes 1973, known as The Wate
Administration Act of 1969.
filed in October cf 1996,
Water Referee for Water
the Water Judge of said
of Chapter 37, Colorado
r Right Determination and
And the undersigned Referee having made such investigations as
are necessary to determine whether or not the statements in the
Application are true and having become fully advised with respect
to the subject matter of the Application does hereby make the
following determination and Ruling as the Referee in this matter,
to -wit:
1. The statements in the Application are true.
2. Name, address and telephone number of Applicants:
Andrea Lee Trawl, John M. Traul Jr.,
Theresa A. Traul and John M. Traul, Sr.
c/o Billie G. Burchfield
Attorney for Applicants
802 Grand Avenue, Suite 305
Glenwood Springs, CO 81601
3. The Applicant requests that the following claims be awarded:
_03
DISTRICT COURT, WATER DIVISION NO. 5
CASE NO. 96CW274
PAGE 2
FIRST CLAIM
SURFACE WATER RIGHT
4. Name of structure: Face Mountain Spring, First Enlargement
5. Legal description of point of diversion:
Face Mountain Spring, First Enlargement is located in the
SWNSE of Section 15, Township 7 South, Range 89 West of the
6th P.M., at a point whence the south corner of said Section
15 bears S. 50° 09' 31" West 1340.1 feet.
6. Source: The source of the water is from a spring tributary to
Four Mile Creek, tributary to the Roaring Fork River.
7. Date of appropriation: June 16, 1989
How appropriation was initiated: By field investigation and an
intent to appropriate.
Date water applied to beneficial use: NJA
8. Amount claimed: 0.233 c.f.s., conditional
9. Proposed use: irrigation of 10,500 square feet of lawns and
gardens and to fill Traul Pond.
10. Name and address of owners of land on which spring is located:
Applicants
SECOND CLAIS
SURFACE WATER RIGHT
11. Name of structure: Traul Spring and Pipeline, First
Enlargement
12. Legal description of point of diversion:
Said spring is located ir. the SWSEh of Section 15, Township
7 South, Range 89 West of the 6th P.M., at a point whence the
SE corner of said Section 15, bears South 72' 41' East 1894.28
feet.
13. Source: The source of the water is from a spring tributary to
Four Mile Creek, tributary to the Roaring Fork River.
14. Date of appropriation: June 16, 1989.
How appropriation was initiated: By field investigation and
an intent to appropriate.
Date water applied to beneficial use: N/A
Papa 2 96011274 Trout
P_04
EiLD UT COURT, WATER D1'v'IS10:4 NO
CASE NO. 96CW274
PAGE 3
15. Amount claimed: 0.033 c.f.s., conditional
16. Proposed use: irrigation and domestic purposes in eight (8)
single family dwellings.
17. Name and address of owners of land on which spring is located:
Applicants.
THIRD CLAIM
ALTERNATE POINT OF DIVERSION
18. Applicants request that Traul Spring and Pipeline, First
Enlargement be established as an alternate point of diversion
for the 0.233 c.f.s. requested herein for irrigation purposes
for Face Mountain Spring, First Enlargement.
FOURTH.CLAIM
STORAGE WATER RIGHT
19. Name of structure: Traul Pond
20. Legal description of place of storage:
The south side of the pond is at the same location as Face
Mountain Spring, First Enlargement which is in the SW`SE; of
Section 15, Township 7 South, Range 89 West of the 6th P.M.,
at a point whence the south 1 corner of said Section 15 bears
S. 50' 09' 31" West 1340.1 feet.
21. Source: The source of the water to fill Traul Pond is from
Face Mountain Spring, First Enlargement, tributary to Four
Mile Creek, tributary to the Roaring Fork River.
22. Date of appropriation: June 16, 1989.
How appropriation was initiated: by construction of the dam
and storage of water in the pond.
Date water applied to beneficial use: June 16, 1989.
23. Amount claimed: 0.10 acre foot of water, absolute
24. Use: Piscatorial purposes
25. Surface area of high water line: 1500 square feet
Maximum height of dam in feet: 5 feet
Length of dam in feet: 50 feet
26. Total capacity of pond in acre feet: 0.10 AF
Active storage: 0.10 AF Dead storage: 0
Page 3 96CW274 Traul
05
DIS'1-LCT COURT, WATER DIVISION NO
CASE NO. 96CW274
PAGE 4
27. Name and address of owner of land on which structures are
located: Applicants.
FIFTH CLAIM
PLAN FOR AUGMENTATION
28. Uses to be augmented:
Applicants' engineer has determined that the annual depletions
as a result of the in-house use in a total of eight (8) single
family dwelling units served by Traul Spring & Pipeline, First
Enlargement will be 0.48 acre feet of water based on an occupancy
of 3.5 persons utilizing an average of' 100 gallons per day per
person and assuming 10% consumptive use from septic tanks and leach
fields.
Applicants' are presently'irrigating 5,000 square feet of lawn
and garden from Face Mountain Spring, First Enlargement and intend
to irrigate another 2,000 square feet.
The annual evaporation losses from Traul Pond is calculated to
be 0.20 acre feet (AF). Said losses will occur in May (0.03 AF),
June (0.04 AF), July (0.05 AF), August (0.05 AF) and September
(0.03 AF).
The amount of consumptive use in acre feet (AF) needed will be
as follows:
Month Domestic Irrigation Evap. Total
8 homes 7,000 sq ft Pond
January 0.04 0.04
February 0.04 0.04
March 0.04 0.04
April 0.04 0.001 0.041
May 0.04 0.061 0.03 0.131
June 0.04 0.077 0.04 0.157
July 0.04 0.072 0.05 0.162
August 0.04 0.046 0.05 0.136
September 0.04 0.040 0.03 0.110
October 0.04 0.013 0.053
November 0.04 0.04
December 0.04 0.04
Totals
0.48 0.310
0.20 0.990
29. Sources of augmentation water:
Applicants have contracted with the West Divide Water
Conservancy District for enough water to cover the consumptive use
losses described above from West Divide's augmentation plan as
decreed in Case No. 94CW344.
Page 4 96CW274 Traul
D15'1'R CT COURT, i.,iATER DTVI' )N NO.
! CASE NO. 96CW274
PAGE 5
At such times as Applicants' decreed water rights in Face
Mountain Spring First Enlargement, Traul Spring and Pipeline First
Enlargement and Traul Pond are cut of priority, West Divide will
augment Four Mile Creek pursuant to their Plan for Augmentation as
approved in Case No. 94CW344.
The Referee, having examined the information submitted by the
Applicant, and having completed the investigations necessary to
make a determination in this matter, does therefore conclude that
the claims in the above entitled Application should be granted as
shown above, SUBJECT, HOWEVER TO ALL EARLIER PRIORITY RIGHTS OF
OTHERS and to the integration and tabulation by the Division
Engineer of such priorities in accordance with law.
Application for a Finding of Reasonable Diligence shall be
filed in the same month as the decree herein is entered every six
years after the entry of the decree herein so long as Applicant
desires to maintain the conditional water rights herein awarded, or
until a determination has been made that such conditional rights
are made absolute by reason of the completion of the
appropriations, or are otherwise disposed of.
The Plan for Augmentation requested will not injuriously
affect the owner of or persons entitled to use water under a vested
water right or a decreed conditional water right, and the plan for
augmentation should be approved in accordance with C.R.S. 37-92-
305(3).
Pursuant to C.R.S. 37-92-305(8), The State Engineer and the
Division Engineer may lawfully be required under the terms of this
Ruling to curtail out -of -priority diversions from Applicant's
springs and pond at any time when the consumptive use associated
with Applicant's diversions exceed the net amount of replacement
water available under this plan for augmentation.
Applicants shall develop a monthly accounting form
satisfactory to the Division Engineer and shall keep a monthly
accounting of diversions and depletions as required by the Division
Engineer.
Page 5 96CW274
DISTRICT COURT, WATER DIVISION NO. 5
CASE NO. 96CW274
• PAGE 6
It is accordingly ORDERED that this Ruling shall be filed with
the Water Clerk subject to Judicial review.
It is further ORDERED' that a copy of this Ruling shall be
filed with the appropriate Division Engineer and the State
Engineer.
Dated
2a rrt 7
t '
Copy of the foregoing mailed to all
Counsel of record-LWater
FiefQree, Div. Engineer and
State Engineer ate 3`�-q7
Deputy C.* Water Ob: NO. 6
Water Referee
Water Division No. 5
-State- of Colorado -
No protest was filed in this matter, and accordingly the
foregoing Ruling is confirmed and approved, and is made the
Judgment and Decree of this Court; provided however, that the
approval of this Plan for Augmentation shall be subject to
reconsideration by the Water Judge on the question of injury to the
vested rights of others during any hearing commencing in the two
calendar years succeeding the year in which this decision is
rendered. THE MONTH FOR FILING AN APPLICATION FOR A FINDING OF
REASONABLE DILIGENCE SHALL BE APRTL 2003
Dated c.2/_, /5 ?
Page 6 96CW274 Traul
Copy of the foregoing mailed to all
Counsel of recordadiVater
?aferee,—Div. En eer a
State Engineer=Date 1 5-%T
„,ea.le4.11/
Cay CIMk Wow OW Nei
Water Judge
EXHIBIT A
LEGAL DESCRIPTIONS
DESCRIPTION - NORTH PARCEL
A tract of land situate in the west 1/2 of the Southeast 1/4 of
Section 15, Township 7 South, Range 89 West of the 6th Principal
Meridian being more particularly described as follows:
Beginning at a point on the east line a tract of land described
in Book 514 at Page 960 of the records of the Clerk and Recorder
of Garfield County, Colorado, thence coordinate Point No. 425,
Oak Meadows Ranch, Oak Meadows Filing No. 4, Amended Plat of Area
V, County of Garfield, State of Colorado bears S 04°23'55" E
1129.30 feet; thence S 69°32'28" W 98.97 feet; thence 55.96 feet
along the arc of a 55.90 foot radius curve to the right having a
central angel of 57°21'25" and subtending a chord bearing N 81°
46'50" W 53.65 feet; thence N 53°06'07" W. 180.80 feet; thence
81.20 feet along the arc of a 29.67 radius cure to the left
having a central angel of 156°48'24" and subtending a chord
bearing S 48°29'41" W 58.13 feet; thence S 73°42'02" W 40.77 feet
to a point on the west line of said parcel described in Book 514
at Page 960; thence along said west line the following two
courses: 1) N 02°31'55" E 338.07 feet; thence 2) N 52°09'27" E
175.00 feet to the east right-of-way line the following courses:
S. 40°25'11" E 115.48 feet; thence S 20°26'30" E 205.99 feet;
thence S 20°24'40" E 209.15 feet to the point of beginning,
containing 2.674 acres more or less.
DESCRIPTION - SOUTH PARCEL
A tract of land situate in the west 1/2 of the Southeast 1/4 of
Section 15, Township 7 South, Range 89 West of the 6th Principal
Meridian being more particularly described as follows:
Beginning at a point on the east line a tract of land described
in Book 514 at Page 960 of the records of the Clerk and Recorder
of Garfield County, Colorado, whence coordinate Point No. 425,
Oak Meadows Ranch, Oak Meadows Filing No. 4, Amended Plat of Area
V, County of Garfield, State of Colorado bears S 04°23'55" E
1129.30 feet; thence S 69°32'28" W 98.97 feet; thence 55.96 feet
along the arc of a 55.90 foot radius curve to the right having a
central angle of 57°21'25" and subtending a chord bearing N 81°
46'50" W 53.65 feet; thence N 53°06'07" W 180.80 feet; thence
81.20 feet along the arc of a 29.67 radius curve to the left
having a central angel of 156°48'24" and subtending a chord
bearing S 48°29'41" W 58.13 feet, thence S 73°42'02" W 40.77 feet
to a point on the west line of said parcel described in Book 514
at Page 960; thence along said west line the following two
courses: 1) S 32°22'49" E 270.27 feet; thence 2) 5 10°01'07" E
342.34 feet; thence N 64°46'02" E 251.45 feet to the center of
Four Mile Creek; thence along the center of Four Mile Creek the
following seven courses: 1) S 57°27'30" E 124.56 feet; thence 2)
S 30°31'47" E. 45.28 feet; thence 3) N 90°00'00" E. 41.00 feet;
thence 4) S 72°17'58" E 49.34 feet; thence 5) S 24°51'49" E 45.19
feet; thence 6) S 07°35'41" W 60.53 feet; thence 7) S 07°05'49" E
42.76 feet; thence N 84°05'04" E 125.60 feet to the west right-
of-way line of County Road No. 117; thence along said west right -
of way line the following four courses: 1) N 24°31'51" W 167.75
feet; thence 2) N 37°29'28" W 201.19 feet; thence 3) N 27°44'52"
W 228.62 feet; thence 4) N 35°40'48" W 201.20 feet to the point
of beginning, containing 4.971 acres more or less.
l;
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"Protect your most valuable possession—WATER"
Colorado Water Rights Analyst
Registered Professional Engineer
RAY D. WALKER, P.E. • 3125 Highway 13 • Rifle, Colorado 81650 • Phone: (970) 625-3260
December 10, 1996
Billie Burchfield, Esq.
802 Grand Avenue, Suite 305
Glenwood Springs, CO 81601
Re: Case No. 96CW274
Dr. John Traul West Divide Contract Numbers
Dear Billie,
Pursuant to Dr. Traul's request to limit the total consumptive
use requirements to 1.0 acre foot (AF) per year, I am providing a
revised tabulation of water usage. Also, in reviewing the West
Divide Augmentation Plan (94CW344), I believe we will be on firmer
ground if I utilize the same numbers for our consumptive use that
they utilized for their consumptive use credits on Page 14 of their
decree.
Therefore, the amount of consumptive use in acre feet (AF) will
be as follows:
Domestic Irrigation Evap. Total
8 homes 7000 sq ft Losses
Month
January 0.04 0.04.
February 0.04 0.04
March 0.04 0.04
April 0.04 0.001 0.041
May 0.04 0.061 0.03 0.131
June 0.04 0.077 0.04 0.157
July 0.04 0.072 - 0.05 0.162
August 0.04 0.04.6 0.05 0.136
September 0.04 0.040 0.03 0.110
October 0.04 0.013 0.053
November 0.04 0.04
December 0.04 0.04
Totals 0.48
0.310 0.20
0.990 AF
This adjustment from 10,500 square feet to 7,000 square feet
may cause needed adjustments in how many square feet are to be
irr'ted in each of the lots created.
Be
Walker
Tract A: A tract of land situated in the Obutheest Quarter
of Section 15, Township 7 South, Range 89 West of the 6th
Princiapl Meridian, being more particularly described as
follows:
Beginning at a point on the westerly boundary line of a tract of land
described in Rec. No. 288..50 in Book 514 at Page 960 of the records of
the office of the Garfield County Clerk and Recorder, whence the most
southerly point of said tract of land described in Rec. No. 288150 also
being Coordinate Point No. 425, Oak Meadows Ranch, Oak Meadows Filing
No. 4, Amended Plat of Area V, bears S 31'13'23" E 410.46 feet; thence
N 10'01'07" W 245.00 feat along the went tine of said tract of land
described in Rec. No. 288150; thence N 64'46'02" E 251.45 feet to the
center of Four Hila Creek; thence along the center of Four Mile Creek
the following courses: S 57'27'30" E 124.56 feat; thence S 30'31'47"
E 45.28 feet; thence S 90'00'00" E 41.00 feet; thence S 72'17'58" E
49.34 feat; thence S 24'51'49" E 45.19 feet; thence S 07'35'41" W
60.53 feat; thence S 07'05'49" E 42.76 feet to a point on the southeasterly
boundary line of said tract of land described in Rec. No. 288150;
thence departing said center of Fuur Mile Creek S 84'05'00" W 33.00 feet
along the southeasterly boundary line of said tract of land described
in Rec. No. 288150; thence S 78°09'07" W 392.66 feet to the point of
beginning, containing 2.46 acres more or less.
Tract B: A tract of land situated in the southeast quarter of Section
15 Township 7 South, Range 89 West of the 6th Princiapl Meridian, being
more particularly described as follows:
Beginning at the most southerly point of a tract of land described in
Rec. No. 28B150 in Book 514 at Page 960 of the records of the office
of the Garfield County Clerk and Recorder, this point also being
Coordinate Point No. 425, Oak Meadows Ranch, Oak Meadows Filing No.
4, Amended Plat of Area V; thence along the westerly boundary line
of said tract of land described in Reception No. 288150 the following
courses: N 30'19'11" W 320.26 feet; thence S 69'19'47" W 38.00 feet;
thence N 10'01'07" W 89.32 feet; thence departing said westerly
boundary line of said tract of land described in Reception No. 288150
N 78,'09'07" E 392.66 feet to a point on the southeasterly boundary
line of said tract of land described in Reception No, 288150; thence
along the southeasterly boundary lino of said tract of land described
in Reception No. 288150 the following courses: S 06'15'00" E 233.00
feet; thence S 44'33'00" W 280.66 feet to the point of beginning,
containing 2.34 scrum more or legs.
(in the State of Colorado and County of Carfield); and
WHEN RECORDED MAIL TO:
COUNTRYWIDE HOME LOANS, INC.
MSN SV -79/ DOCUMENT CONTROL DEPT.
P.O. BOX 10266
VAN NUYS, CALIFORNIA 91410-0266
LOAN #: 2695098
ESCROW/CLOSING #:
SPACE ABOVE FOR RECORDERS USE
Prepared by: C. GROSS
DEED OF TRUST
THIS DEED OF TRUST ("Security Instrument") is made on July 28 , 1998
JAMES N HAWKINS, AND SHARILL J HAWKINS, HUSBAND AND WIFE
("Borrower"), the Public Trustee of GAR F I E LD
COUNTRYWIDE HOME LOANS, INC.
which is organized and existing under the laws of NEW YORK
4500 PARK GRANADA, CALABASAS, CA 91302-1613
("Lender"). Borrower owes Lender the principal sum of
TWO HUNDRED SIXTY FOUR THOUSAND and 00/100
, among the grantor,
AS JOINT TDIAlli,bearke
urea!'r''/ Y , o
exr:t
County ("Trustee"), and the beneficiary,
, and whose address is
Dollars (U.S. $ 264,000.00 ). This debt is evidenced by Borrower's note dated the same date as this Security
Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on
August 1. 2028 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by
the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums,
with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of
Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower, in
consideration of the debt and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of
sale, the following described property located in GA RF I E L D County, Colorado:
SEE ATTACHED LEGAL
which has the address of 6471 COUNTY ROAD 117, GLENWOOD SPRINGS CO
[Street, City]
Colorado 81601 ("Property Address");
[Zip Code]
COLORADO - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
®' -6R(CO) (9707) CHL (08/97) VMP MORTGAGE FORMS - (800)521-7291
' 2 3 9 9
Page 1 of 8
Form 3006 1/91
Amended 5/91
Initials: 14" 5(307
IOU
1111111 1111111
' 0 0 2 6 9 5 0 9 8 0 0 0 0 0 K S 0 A 0•
LOAN #: 2695098
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered
by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to
grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower
warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances
of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due
the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note.
2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall
pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for:
(a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b)
yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d)
yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (t) any sums payable by
Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance
premiums. These items are called "Escrow Items. Lender may, at any time, collect and hold Funds in an amount not to
exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account
under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601
et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time,
collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on
the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance
with applicable law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity
(including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to
pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the
escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law
permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an
independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides
otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to
pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest
shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing
credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as
additional security for all sums secured by this Security Instrument.
If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to
Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held
by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing,
and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make
up the deficiency in no more than twelve monthly payments, at Lender's sole discretion.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower
any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the
acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit
against the sums secured by this Security Instrument.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under
paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable
under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the
Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any.
Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower
shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of
amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to
Lender receipts evidencing the payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a)
agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in
good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion
operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to
Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to
a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien.
Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice.
5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards,
including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts
and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower
Initials
-6R(CO) (9707) CHL (08/97) Page 2 o1 6
LOAN #: 2695098
subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described
above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with
paragraph 7.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause.
Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender
all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the
insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair
of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the
restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be
applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If
Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has
offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or
restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30 -day period will
begin when the notice is given.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend
or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the
payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and
proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums
secured by this Security Instrument immediately prior to the acquisition.
6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application;
Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days
after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal
residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent
shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control.
Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the
Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in
Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by
this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in
paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith
determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien
created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during
the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide
Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to,
representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is
on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property,
the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing.
7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements
contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the
Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations),
then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the
Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security
Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although
Lender may take action under this paragraph 7, Lender does not have to do so.
Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by
this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest
from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower
requesting payment.
8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this
Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any
reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the
premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost
substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate
mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available,
Borrower shall pay to Lender each month a sum equal to one -twelfth of the yearly mortgage insurance premium being
paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these
payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the
option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an
insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to
maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in
accordance with any written agreement between Borrower and Lender or applicable law.
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall
give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with
any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are er by
assigned and shall be paid to Lender.
Initials:
c-6R(CO) (9707) CHL (08/97) Page 3 o1 8 Form 30061/91
LOAN #: 2695098
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security
Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in
which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the
sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in
writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied
by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair
market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a
partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the
amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or
unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument
whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to
make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the
notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the
Property or to the sums secured by this Security Instrument, whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend
or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such
payments.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in
interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in
interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time
for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand
made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right
or remedy shall not be a waiver of or preclude the exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of
this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the
provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who
co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to
mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is
not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other
Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security
Instrument or the Note without that Borrower's consent.
13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan
charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in
connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount
necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded
permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed
under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as
a partial prepayment without any prepayment charge under the Note.
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by
mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the
Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by
first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any
notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as
provided in this paragraph.
15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the
jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the
Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note
which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and
the Note are declared to be severable.
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any
interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a
natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of
all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is
prohibited by federal law as of the date of this Security Instrument.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period
of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums
secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender
may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower.
18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have
enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period
as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in
this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that
Initlals:
-6R(CO) (9707) CHL (08/97) Page a of s
Form 30061/91
LOAN #: 2695098
Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no
acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in
enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as
Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and
Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon
reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if
no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph
17.
19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security
Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity
(known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There
also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan
Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable
law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be
made. The notice will also contain any other information required by applicable law.
20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of
any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting
the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence,
use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be
appropriate to normal residential uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by
any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or
Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or
regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is
necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law.
As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous
substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum
products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and
radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the
jurisdiction where the Property is located that relate to health, safety or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's
breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph
17 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to
cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the
default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may
result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall
further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure
proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default
is not cured on or before the date specified in the notice, Lender, at its option, may require immediate payment in
full of all sums secured by this Security Instrument without further demand and may invoke the power of sale
and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in
pursuing the remedies provided in this paragraph 21, including, but not limited to, reasonable attorneys' fees and
costs of title evidence.
If Lender invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event
of default and of Lender's election to cause the Property to be sold. Lender shall mail a copy of the notice to
Borrower as provided in paragraph 14. Trustee shall record a copy of the notice in the county in which the
Property is located. Trustee shall publish a notice of sale for the time and in the manner provided by applicable
law and shall mail copies of the notice of sale in the manner prescribed by applicable law to Borrower and to the
other persons prescribed by applicable law. After the time required by applicable law, Trustee, without demand
on Borrower, shall sell the Property at public auction to the highest bidder for cash at the time and place and
under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines.
Trustee may postpone sale of any parcel of the Property by public announcement at the time and place of any
previously scheduled sale. Lender or its designee may purchase the Property at any sale.
Trustee shall deliver to the purchaser Trustee's certificate describing the Property and the time the
purchaser will be entitled to Trustee's deed. The recitals in the Trustee's deed shall be prima facie evidence of the
truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all
expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums
secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it.
22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall request that Trustee
release his Security Instrument and shall produce for Trustee, duly cancelled, all notes evidencing debts secured by this
Security Instrument. Trustee shall release this Security Instrument without further inquiry or liability. Borrower shall pay
any recordation costs and the statutory Trustee's fees.
23. Waiver of Homestead. Borrower waives all right of homestead exemption in the Property.
Initials:
-6R(CO) (9707) CHL (08/97) Page 5 of 8 Form 30061/91
24. Riders to this Security Instrument. If one or more riders are executed
with this Security Instrument, the covenants and agreements of each such rider
amend and supplement the covenants and agreements of this Security Instrument
Security Instrument.
[Check applicable box(es)]
Adjustable Rate Rider(s)
Graduated Payment Rider
Balloon Rider
VA Rider
Condominium Rider
Planned Unit Development Rider
Rate Improvement Rider
Other(s) [specify]
LOAN #: 2695098
by Borrower and recorded together
shall be incorporated into and shall
as if the rider(s) were a part of this
1-4 Family Rider
Biweekly Payment Rider
Second Home Rider
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security
Instrument and in any rider(s) executed by Borrower and recorded with it.
Witnesses:
STATE OF COLORADO,
S N HAWKINS
KINS
(Sal)
-B
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
Gc,r)-(i'EL
County ss:
The foregoing instrument was acknowledged before me this o�� r) day of V u / (9 ?
' by Tomes N [ b
T
�f�h� � ns, cid S%��.,; ti -�', Mu.o.1k;r1 s
Witness my hand and official seal.
My Commission Expires: , 2//
Z oc
h1y Comm. Expires 12-6-2000
-6R(CO) (9707) CHL (08/97)
Page 6ot8
Form 30081/91
Order Number: 98028306
SCHEDULE A
LEGAL DESCRIPTION
A tract of land situate in the West 1/2 of the Southeast 1/4 of Section 15,
Township 7 South, Range 89 West of the 6th Principal Meridian being more
particularly described as follows:
Beginning at the Northeast corner of the South parcel of the Traul Subdivision
Exemption as recorded in the records of the Clerk and Recorder of Garfield
County, Colorado, whence coordinate Point No. 425, Oak Meadows Ranch, oak
Meadows Filing No. 4; Amended Plat of Area V, County of Garfield, State of
Colorado bears S,. 04°23'55" E. 1129.30 feet;
thence along the boundary of said South Parcel the following eight (8)
courses:
1. S. 69°32'28" W. 98.97 feet;
2. thence 55.96 feet along the arc of a 55.90 foot radius curve to the right
having a central angle of 57°21'25" and subtending a chord bearing N. 81°46'50"
W. 53.65 feet;
3. thence N. 53°06'07" W. 180.80 feet;
4. thence 81.20 feet along the arc of a 29.67 radius curve to the left
having a central angle of 156°48'24" and subtending a chord bearing S.
48°29'41" W. 58.13 feet;
5. thence S.
6. thence S.
7. thence S.
8. thence S.
73° 42'02" W. 40.77 feet;
32°22'49" E. 270.27 feet;
10°01'07" E. 342.34 feet;
64°46'02" E. 164.43
thence S. 37°39'44" E.
thence S. 84°35'45" E.
thence S. 24°51'49" E.
thence S. 07°35'41" W.
thence S. 07°05'49" E.
parcel;
thence N. 84°05'00" E.
parcel;
thence along
98.70 feet;
243.45 feet;
26.29 feet;
60.53 feet;
42.76 feet to
a point on the South line of said South
125.60 feet to the Southeast
the East line
of said parcel
corner of said South
the following four (4) courses:
1. N. 24°31'51" W. 167.75 feet;
2. thence N. 37°29'28" W. 201.19 feet;
3. thence N. 27°44'52" W. 228.62 feet;
4. thence N. 35°40'48" W. 201.20 feet to the Point of Beginning
COUNTY OF GARFIELD STATE OF COLORADO
AKA PARCEL B AMENDED TRAUL EXEMPTION PLAT RECORDED AUGUST 7, 1997 AS RECEPTION
NO. 512358.
GARFIELD COUNTY ASSESSORS NO: 2395-154-00-013
PROVIDED FOR INFORMATIONAL PURPOSES ONLY
P. 1
-10-1995 5:58AM FROM
EXHIBIT A
RECITALS:
TRAUL SPRING AND PIPELINE
On october 8, 1979, in Division 5 Water Court Case No.
79CW3, the Court awarded Traul Spring and Pipeline 0.005
c.f.s., absolute, for domestic, livestock water and irrigation
uses with an appropriation date of June 1, 1955.
FACE MOUNTAIN SPRING
On October 15, 1980, in Division 5 Water Court Case No.
80CW69, the Court awarded Face Mountain spring 0.446 c.f.s.,
absolute for piscatorial, livestock water and irrigation uses
with an appropriation date of December 31, 1929.
On December 24, 1985, in Division 5 Water Court Case No.
85CW168, the court changed the use of 0.033 c.f.s. previously
awarded to Face Mountain Spring from piscatorial, livestock
water and irrigation use to domestic use and changed the
administrative priority date of said 0.033 c.f.s. to July 5,
1985.
FACE MOUNTAIN SPRING, FIRST ENLARGEMENT
In Division 5 Water Court Case No. 93CW317, Grantors
were awarded a conditional water right of 0.233 c.f.s. for
Face Mountain Spring, First Enlargement for storage in Traul
Pond and the irrigation of an additional 12000 square feet of
lawns and garden with an appropriation date of June 16, 1989.
Said spring is located in the SW1/4SE1/4 of Section 15, T. 7
S., R. 89 W. of the 6th P.M., at a point whence the South 1/4
corner of said Section 15 bears S. 50 091 31" W. 1340.1
feet. The source of the water is from spring and seepage
areas tributary to Four Mile Creek, tributary to the Roaring
Fork River.
TRAUL SPRING AND PIPELINE, FIRST ENLARGEMENT
In Division 5 Water Court Case No. 93CW317, Grantors
were awarded a conditional water right of 0.033 c.f.s. for
Traul Spring and Pipeline, First Enlargement for irrigation
and domestic purposes in an additional eight (8) single family
dwellings with an appropriation date of June 16, 1989. The
point of diversion of said spring is located in the SW1/4SE1/4
of Section 15, T. 7 S., R. 89 W. of the 6th P.M. at a point
whence the SE corner of said Section 15, bears S. 72 41'E.
1894.28 feet. The source of the water is from a spring
tributary to Four Mile Creek, tributary to the Roaring Fork
River.
ALTERNATE POINT OF DIVERSION:
In Division 5 Water Court Case No. 93CW317, the Traul
Spring and Pipeline, First Enlargement was established as an
alternate point of diversion for the 0.233 c.f.s. awarded
Face Mountain Spring, First Enlargement for irrigation
purposes
P. 2
-10-1995 5:56AM FROM
TRAUL POND
In Division 5 Water Court Case No. 93CW317, Grantors were
awarded an absolute water right of 0.10 acre foot of water for
Traul Pond for piscatorial purposes. Said pond has a surface
area of 1500 square feet and an average depth of 3 feet.. The
south side of the pond is at the same location as Face
Mountain Spring as described above. The source of the water
for said pond is from Face Mountain Spring, First Enlargement,
tributary to Four Mile Creek, Tributary to the Roaring Fork
River.
PLAN FOR AUGMENTATION:
a. USES TO BE AUGMENTED:
In Division 5 Water Court Case No. 93CW317, it was
determined that the annual depletions as a result of the in-
house use in a total of nine (9) single family dwelling units
served by Traul Spring & Pipeline will be 0.36 acre feet of
water (0.03 AF each month) based on an occupancy of 3.5
persons utilizing an average of 100 gallons per day per person
and assuming ten percent (10%) consumptive use from septic
tanks and leach fields.
Grantors John M. Traul, Sr. and Theresa A. Trau3. irrigate
5,000 square feet of lawn and garden at their principal
residence from Face Mountain Spring. In addition to the
principal residence, three (3) additional parcels have been
created and will also be irrigated with water from. the Face
Mountain Spring. Grantors Andrea Lee Traul and John M. Traul,
Jr. will each irrigate another 1963 square feet and John M.
Traul , Sr_ and Threresa A. Traul will irrigate an additional
1963 square feet. The consumptive use from the irrigation of
the total (0.25 acres) 10890 square feet (0.40 AF) will occur
in May (.06 AF), June (.08 AF), July (.11 AF), August (.09 AF)
and in September (.06 AF).
The annual evaporation losses from Traul Pond is
calculated to be .20 AF. Said losses will occur in May (0.03'
AF), June (0.04 AF), July (0.05 AF), August (0.05 AF) and
September (0.03 AF).
b. SOURCES OF AUGMENTATION WATER:
Grantors herein have purchased the first 1.0 acre foot of
water available annually from Flannery Reservoir as decreed in
Case No. 89CW259 and Flannery Ditch, Four Mile Creek Extension
as decreed in Case No. 89CW258 (hereinafter "Flannery
Sources").
Flannery Reservoir was decreed 444 acre feet of water,
Conditional, with an appropriation date of June 16, 1989, for
irrigation, domestic, livestock watering, fire protection,
municipal, recreational, commercial, fish culture, wet lands
creation, fish and wildlife propagation, snowmaking,
evaporation losses, augmentation and exchange in the Four Mile
Creek and Three Mile Creek Drainage Basins_ The source of the
water is Three Mile Creek and its tributaries, tributary to
the Roaring Fork River.
-10-1995 6:66AM FROM
The center of the darn of the Flannery Reservoir is
located at a point 2000 feet North of the South line and 765
feet East of the West line of Section 8, T. 7 S., R. 89 W. of
the 6th P.M.
Flannery Ditch, Four Mile Creek Extension was decreed 2.0
c.f.s., conditional, with an appropriation date of June 16,
1989, for domestic, irrigation, livestock watering, fire
protection, municipal, recreational, commercial, fish culture,
wet lands creation, fish and wildlife propagation, snowmaking,
evaporation losses, augmentation and exchange in the Four Mile
Creek Drainage Basin. The source of the water is Three Mile
creek and its tributaries, tributary to the Roaring Fork
River.
Flannery Ditch, Four Mile Creek Extension has two points
of diversion on an unnamed tributary of Three Mile Creek in
the NW1/4NW1/4 of Section 17, T. 7 S., R. 89 W. of 6th P.M.
c. DESCRIPTION OF PLAN FOR AUGMENTATION
At such times as Grantor's decreed water rights in Face
Mountain Spring, Traul Spring and Pipeline and Traul Pond are
out of priority, up to a total of 0.96 acre feet of water
annually will be delivered into Four Mile Creek via releases
from Flannery Sources into a natural drainage channel known as
Black Diamond Mine Creek which drains into Four Mile Creek
pursuant to the Decree in Water Court Case No. 93CW317.
CLAIM FOR APPROPRIATIVE RIGHT OF EXCHANGE
P. 3
Pursuant to C.R.S. 37-80-120(4), Grantors were awarded
the above referenced Plan for Augmentation and Exchange and
were given an appropriative right of exchange date of June 16,
1989.
•
-18-1995 5:574M FROM
WATER RIGHTS DEEDED TO GRANTEES
JOHN M. TRAUL SR. AND THERESA A. TRAUL:
0.005 c.f.s. of the 0.005 c.f.s. decreed to Traul Spring and
Pipeline in Case No. 79CW3.
0.113 c.f.s. of the 0.413 c.f.s. decreed. to Face Mountain
Spring in Case No. 80CW89 for irrigation purposes.
0.000 c.f.s. of 0.033 c.f.s. decreed to Face Mountain Spring
and changed to domestic use in Case No. 85CW168.
0.113 c.f.s. of the 0.233 c.f.s. decreed to Face Mountain
Spring, First Enlargment for the irrigation of
Grantee's 5000 square feet.
0.000 c.f.s. of the 0.033 c.f.s. decreed to Traul Spring and
pipeline, First Enlargmei t.
0.10 A.F. of the 0.10 AF decreed to Traul Pond
0.12 A.F. of the 1.0 AF from Flannery Reservoir and Flannery
Ditch, Four Mile Creek Extension for in-house
domestic use in three (3) single family dwellings.
0.403 A.F. of the 1.0 AF from Flannery Reservoir and Flannery
Ditch, Four Mile Creek Extension for
the irrigation of 5000 square feet of home lawns
and gardens.
Grantee hereby receives a total of 0.523 A.F. from
Flannery Reservoir and Flannery Ditch, Four Mile Creek
Extension for augmentation purposes for domestic use in three
(3) single family dwellings and the irrigation of 5000 ,square
feet of home lawns and gardens.
All protections and privileges afforded by the
provisions of the Division 5 Water Court Decree in Case No.
93CW317.
P.4
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Decemeber 11, 2000
To whom it may concern:
This letter is to clarify several points that were
discussed with Jeff Laurien of the Garfield County Planning
and Zoning Department.
We are applying for a new Special Use Permit to allow
an additional two units (one cabin existing and one to be
constructed). Our original "conditional use permit" was
approved for 5 units within the main house. We are
presently using two units in the main house. These
additional units would bring us up to 4 units (one less than
our original permit allows), but with two of the units being
detached from the main house.
Also, concerning the visual impact of the additional
cabin (to be constructed), the combination of our barn (to
the east and a Targe bank of mature cottonwoods and
several new apple trees to the west) will screen the cabin
from our neighbors. The 20' wide by 15' high profile of the
cabin (end view) would be visible (next to the barn) from
Four Mile Rd. at distance of approx 150yards.
Jim & Shari!! Hawkins
9
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