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Home My WebLink About1.0 ApplicationRECEIVED GARFIELD COUNTY MAY 1 2 2005 Building & Planning Department 108 8th Street, Suite 201 GARFIELD COUNTY Glenwood Springs, Colorado 8161LD`NG & PLPNNiNG Telephone: 970.945.8212 Facsimile: 970.384.3470 www.carfield-county.com Special Use Permit GENERAL INFORMATION (To be completed by the applicant.) Street Address / General Location of Property: ' 1-13 3 CA 2' tN 0 /)A, Legal Description: J VAI - `/ c F , %i o 327 i RW 1 W tpm 'PM. Arta ;',, NI' in 5W'lN 51u',1 yN 20 T75 R 1 u) Existing Use & Size of Property in acres: 71, 1 Description of Special Use Requested: �� lk, '11-:\31:\ 5Q f T ➢ Zone District: `('Z \AtA 2.2 Name of Property Owner (Applicant): i) c1v\GC-H EN Address: y i b ).- Lc) Telephone: LA (�) Let 2A City: 0) State: Zip Code: B\ V). FAX: Name of Owner's Representative, if any (Attorney, Planner, etc): Address: Telephone: City: State: Zip Code: FAX: Doc. No.: STAFF USE ONLY Date Submitted: TC Date: Planner: Hearing Date: t ' -t E h -L i�iV teNl1�'1 . Lb I7r1-I PM Pt NA - 1294' :, 110 3'79 60 County Line Existing Easement (Blue Area) 34R 1.65Ac Eagle Co. 107111' \mom 5.69 Ac. Gar. Co. 226. 665 240 88,800 Sq Ft (2.1 Acres) (Yellow Area) 100 Inc Its-tfriv.4 k(i siewo Co .15v -A-0 tui.. ckl 36 J a 2393-134-00- 2393-241-00-5 irk 11 AD 102 20 PANORAMA z RANCHES Lot � a � u la Q W .I Lot ;L'ot 68 ArALot 2 /1 Yu.M F Eagb Oolnly Lot RD COUNTY ROAD 102 N of 3 STING PARK MEADOWS LOT 13 21--- K/NGS ROW r .SUED/V/S/ON / �Irc_ 0 SEE MAP N0. 2391-30 SOOERBERG SUB -ON. 02. '6 4 SEE 31 MAP N0. 2391-31 6 OAR BLM V BOUNDARY k K TE -KE -K/ APPR0000 /4/ ESTATES 2463-013-00-04349 4 0x13 — 13 ZP (,,03,MI/OUV. 0(3 Pi t { X x X X `lvvv,,/ Adjoin ng 2465 1800 3600 1800 900 2465-042-00-001 2391 T.7S. - R.87W. tat) 2e) c, r).P/k-f 1\1\1' ERr1 trk. Gin CAA Ivtm , WN -e uvaoe.ct Akmintil Ovvvel 4t\luivv C. -0,04C /'NtkiI, -% A- UAW) o u.¢\ (\p.nn+,A4 hu. , t') drvN \AA.It.AAAA.- UNCtnik-ci 1 l/t,A.t Ccwt� c_uv.u.'L ArAiAt fQVC-C-Ut\ Vv �O WtA �/�%`� VYw'�As �t�L 11 LcUtt, NY\A- Pc-1 910 '17'A 910 NW-tkik,u- IAA t,cui aficeL v° 7A2.41 FONMENNEMENNEmEmm---- M1 �d7)065 13 le 0 °I \'\\(' m .(/) 1."\Alt, ikcAAt) CINICAD f)0 c,k D SwAri c,u, C1,a\3 rALe Lv • ioz3 nA ES45 Clef 0(v i�.,AA,c i V--0 dzAr\oic(tA4 f\irv-)-0)A,\A,. 51')G\ L-Aco 'ThAr%1\A-Tu- - 2_01 :r` '"` ''" ,-NM n= LL sCi AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970 (Amended 10-17-70) 06 005 04 05208 CHICAGO TITLE INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Lack of a right of access to and from the land; or 4. Unmarketability of such title. In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of the date of policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. CHICAGO TITLE INSURANCE COMPANY Issued by: By: %:/,. COLORADO WEST TITLE INSURANCE COMPANY 818 Colorado Avenue, Suite 101 P. O. Box 925 Glenwood Springs, Colorado 81601„,,,..rtlqR.4 �"7 President., (303) 945-2271 or 945-2272 . o GORPORATt . , .',-,-Z; :3 974:e. -..1, - ATTEST: Secretary. IMPORTANT This policy necessarily relates solely to the title as of the date of the policy. In order that a purchaser of the real estate described herein may be insured against defects, liens or encumbrances, this policy should be reissued in the name of such purchaser. 4 ' 1i'W-'4 w4 .• i.r.'„V,1,460:,',Vi,o, • ti Copyright 1969 American Land Title Association Policy Number 06 005 04 05208 G-07-329-79 Owners SCHEDULE B FORM 3566 R-9-70 This policy does not insure against loss or damage by reason of the following exceptions: General Exceptions: (1) Rights or claims of parties in possession not shown by the public records. (2) Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. (3) Easements or claims of easements 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) Taxes or special assessments which are not shown as existing liens by the public records. Special Exceptions: The mortgage, if any, referred to in Item 4 of Schedule A. 6. Reservations and exceptions contained in the United States Patent to the described property as recorded in Garfield County October 22, 1965 as Document No. 232056 in Book 370 at Page 410 and �inSEaEagle lenCounty tycondingn• April 7, 1923 in Book 93 at Page 88 affecting ,a right of way 28 There is reserved from the lands hereby granted thereon for ditches or canals constructed by the authority of the United States. AND Patent recorded June 25, 1965 in Garfield County as Document No. 230477 No Book 437ntBookPage 1908atand Page 327Eagle affectingJune NW4NE41965 as SectionD33ument No. 101643i including: right of a. There ereonsforsditchesror canalsom the ncconstrus cted y rbytthe ed away reerved authority of the th United States. b. All the oil, gas and potash in the land so patented, and to it or persons authorized by it, the right to prospect for, mine and remove such deposits from the same upon compliance with the conditions and subject to the provisions and limitations of the Act of July 17, 1914 (38 Stat. 509). c. All the sodium in the land so patented, and to it or persons authorized by it, the right to prospect for, mine and remove such deposits from the same upon compliance with the conditions and subject to the provisions and limitations Ma�chf the 1933ct of (47uStatly ? 1570). (38 Stat. 509) as amended by the Countersigned Authorized Signatory See Added Page Schedule B of this Policy consists of 3 pages. .07 n �.. 17.7IJ:000 n1511 C_EYE7.NE 07EICE 17:3 7OCJ5 Dwi'E C.+E 11'� +E '�10.-�!•G 47001 5>Rin GS OFFICE R0 000 12 0 GEEr..vOO:77 SVRI!.GS. COIOR0DO 311 SlEA77700.l OFFICE v.0. P00 5220 STE.0w30A7 VllL GE, COIORADO 60.99 Mr. John Powers Mr. Walter Smith 912 Ouray Ave. Grand Junction, CO ENGNEERING CONSULTANTS 2420 ALCOT7 STREET DENVER, COLCR ADO P0211 (303) 458-6201 Glenwood Springs Tel. 945-7755 81501 October 1, 1979 r F'J:SEtI E D0:: RICHARD D lUn!.'SO++ 1. CRaG ColE n RAI NE`•!'*'ER 77,7ARi71r7.M 5100E5 •Alun L TOREN, FRA!+0 1 TREIEASE RE: Mid Valley Ground Water Supply Gentlemen: The purpose of this letter report is to present our analysis and conclusions relating to the ground water supply for the Mid Valley Development located on Missouri Heights in Section 28, Township 7 South, Range 87 West in Eagle and Garfield Counties. Our -analysis is based on a review of the published geological data, interviews with drillers, and a four day pump test of the Mid Valley Well #1 initiated August 31, 1979. MID VALLEY WELL #1 The Mid Valley Well #1 was originally drilled for Bill Antonides by Shelton Drilling in November 1965 under State Engineer's well permit #25703. The 6-1/4" hole was drilled with an air rotary rig to a depth of 250 feet. A 5-1/2" well casing was set to a depth of 220 feet with perforations from 180 to 220 feet. From 220 to 250 feet the hole was left open. The driller reported that the well would pump 20 gpm hnd the static water level to be at 180 feet. This original static water- level was about 13 feet higher than it was in September 1979. On August 1st 1979 the static water level was measured at 196.06 feet or 2.76 feet lower than when the pump test was begun. rising about one tenth of a foot per day in August of 1979. (It is from the well for the existing homes This indicates that the natural ground water table w a s assumed that the normal withdrawal has not significantly affected the pump test results.) A 96 hour controlled pump test was performed on the Mid Valley Well r1. Starting at 10:00 A.M. on August 31, 1979, the well was pumped at a rate of Mr. John Powers, Mr. Walter Smith October 1, 1979 -2- 15 gpm. The water level in the well at the beginning of the test was 193.30 feet below the top of the casing. Seven hours after the pump test began the water level in the well had dropped less than 0.1 foot. The pumping rate at that time was increased to 30 gallons per minute and was maintained at, or near, that level until 10:00 A.M. on September 4th when the pump was shut off. At the end of the pump test the water level had dropped 0.76 feet. After the pump was shut off, the water level in the well was monitored to measure the "recovery" of the aquifer. Within one hour the water level had recovered about one-half of the total amount of drawdown. It did not recover any further during the next three days. ESTIMATE OF LONG TERM WELL YIELD Numerous successful wells have been drilled in the Missouri Heights area. There have also been many dry wells drilled in the same general area. This indicates a non-uniform aquifer. The main aquifer in the area of Missouri Heights is a 200 to 500 foot thick igneous Basalt Formation which is underlain by the sedimentary Maroon Formation. The Maroon Formation in the Roaring Fork Valley area can sometimes support low yield (2-5 gpm) wells with poor water quality. Successful wells drilled into the Basalt are dependent upon local fracturing. Long term yield of the aquifer and its individual wells is dependent upon recharge from local precipitation, excess irrigation water, and possibly underground flows from Cattle Creek and the Missouri Heights Reservoir. In analyzing a specific well,or group of wells, we must look at the aquifer and general area as a whole. The aquifer can indefinitely sustain a certain amount of ground water withdrawal. When too many wells are drilled and more 1•:ater is withdrawn than is recharged, then the water will be mined and eventLally many of the wells will go dry. It is our opinion, under current conditions, that Mid Valley Well ill can yield 5 gpm on a long term basis. This would be sufficient water to Mr. John Powers, Mr. Walter Smith October 1, 1979 -3- support about 15 homes with domestic water and some limited amount of irrigation. The well can be pumped at more than 15 gpm for short periods of time without damaging the well or "mining" the. aquifer. Total well with- drawal should not exceed 20 or 25 acre feet per year. Wright Water Engineers has not pump tested Mid Valley Well ;12 and cannot give an opinion as to its long term yield. CONCLUSIONS AND RECOMMENDATIONS Mid Valley Well #1 can yield up to 15 gpm on a lona term basis. This yield may drop if additional wells are drilled nearby and "compete" for the available water. Even tho there is some evidence of "mining" we believe there is sufficient recharge to maintain a withdrawal of 25 acre feet per year. Long term well yield can drop if recharge patterns are changed; e.g. reduced irrigation on nearby farm lands. We believe additional successful wells can be drilled in the general area. At this time we recommend a site approximately 2000 feet north of Well #1. Before a well can be drilled and used for a subdivision, a well permit from the State Engineer must be obtained. At the present time the State is reluctant to issue these permits unless senior water rights are transferred to the well. _ Exempt domestic well permits are still available in the Missouri Heights area for tracts of land larger than 35 acres where the well will serve not more than three single family homes. These permits are granted for the asking and it is not necessary to transfer senior rights to the :.ells. It is our understanding that Mid Valley Well ;;1 is not adjudicated by the Water Court. We recommend this be done as soon as possible. In addition, we suggest new 1979 water right application be made for any wells Mid Valley may drill in the future. Mr. John Powers, Mr. Walter Smith October 1, 1979 -4- It would also be prudent to develop an augmentation plan to protect the water rights in the existing and future wells. An augmentation plan would transfer senior water rights to the wells and allow them to continue to pump when "unprotected" wells would be called out in the future. A chlorination system should be added to the existing water system. Once the system is expanded to serve more than 15 homes it automatically becomes a public water supply system and comes under a set of very strict regulations. It may be worth considering limiting the number of homes on the system to less than 15. We believe that the aquifer in the Mid Valley area can support domestic water supplies for density up to one home per 10 acres provided lawn ir- rigation from the central system is limited. As the area develops it is mandatory that a cooperative effort be made to monitor the water table and, if necessary, instigate an artificial recharge program. A continual monitoring program should be set up to observe the water level in Well 111 and nearby wells. Water level readings should be taken at least once a month. A monitoring program like this will better define the long term capability of the aquifer, the importance of irrigation re- charge, and would be able to alert the well users to any unexpected decline in the water table. If the water table began to drop, a program of conserva- tion could be implemented before the well was damaged or went dry. A total- izing meter - showing the total amount of water pumped - should also be installed. If you have any questions, please don't hesitate to call. Very truly yours, WRIGHT WATER ENGINEERS, INC. By \44,1&—,-, William L. Lorah WLL: ep cc: Gerald Hartert 791-68 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) 1 n GARFIELD COUNTY (hereinafter COUNTY) and kvA ' N l c L C� (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. Sigiiature Date: '(6 k E -\-t . `, e C`ii&Cki E Print Name Mailing Address: 6 oZ �e L l � tl c ile21 Page 4 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and f\v)Avv" l c-Akt= C`id (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for 4 (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. Date: (1<:EK) ti\ E Print Name Mailing Address: r) a C, 11, l Lo Page 4 09-19-2005 09:47 FROM-DIV5WATERES DIVISION Of WATER RESOURCES WATER DIVISION FIVE Office of the State Engineer Oepanment of Natural Resources 50633 U.S. Hwy 6 & 24 P,O. Dox 396 Glenwood Springs, CO 81602 Phone 13031945-5665 FAX (303) 945-8741 Mid -Valley Land Company, an c/o John Powers, President 13114 Hwy 82 Carbondale, CO 81623 9709458741 T-143 P 002/002 F-860 STATE OF COLORADO May 9, 1996 Arizona corporation Roy Ramer Cu,,crno: lames S Lochhcad Execurroc D.,ettor Hal D. 5rnmwn State Enginee, Orlyn I. 8cI1 Dimenn Eng.noer Subject: Administrative Review For Mid Valley Well No, 2 (Case No. W-1159 AKA Antonides Well Permit No. 25703) Per status review of Mid Valley Well No. 2 the following has been determined: 1) Mid Valley Well No. 2 is limited to the historic use which occurred prior to October 15, 1977. 2) The limit of historic use is two single family dwellings, light lawn and garden irrigation, non-commercial stock and poultry, and fire protection. Historic use is limited to Parcel Identification Numbers: (Garfield County = 23 and Eagle County = 19) a) b) c) 23-2391-284-00-074 23-2391-283-00-189 (non-commercial domestic animals ONLY) 19-2391-284-04-003 3) Any additional and expanded use not dated prior to October 15, 1977 is not eligible for compensatory storage releases from Green Mountain Reservoir_ 4) All existing and proposed expanded uses not covered by compensatory storage releases must be augmented by replacing water to the stream system to prevent injury to senior vested water rights. 5) At this time it is encouraged that a plan of augmentation be created in water court co cover existing and proposed uses of claimants and parties having interest in the Mid Valley Well No. 2. 1 hope this information is helpful regarding the Mid Valley We11 No. 2 (Case No. W-1159, AKA Antonides Well Permit No. 25703). Feel free to contact me if you have any questions. cc Tam Scott Oriyn Bell Joe Bergquist Larry Gepfert Dave Fox Tam Cunningham Ken McMechen Ludwig Ritsch The 1993 Thomas John Stevenson, Sincerely Dwi ht M. Whitehead Albert & Denise Frink Herbert & Carolyn Nelson Anthony & Carolyn Scheer Stanley Glen Terri Rogers Kirk Scales Michael & Susan Josephs Andy Stone & Linda Rafferty W. Levitt Family Trust, c/o Thomas Levitt Director -VP (Mid Valley Land Co.) Walter Smith, vP (Mid valley Land Co.) Carol Smith, Secretary -Treasurer ( Mid Valley Land Co.) dmw:\dwight\midval#2 11UT„ Recorded�,... ..........o'cll:.l... .:., .. •• (, ,. jlr=rpii..r. ., ' III1S DEED, Made this 27'111 • day of / GUST , 19 ' `' , between BUTLER S. COX ANL) SUSAN S. COX of the County of GARFIELD AND EAGLE Colorado, of the. first part:, and }:1:NrE'1'II 1). MC 1,11 C}IEN AND SUSAN S. SMITHERS and state of of the County of PI'1'KIN and state of r' Colorado, of the second part, \\'ITNESSETII, That the (,aid partlES of the first part, for and in consideration of the sum of TEN DOLLARS AND O'I'lll?1. VALUBLE CONSIDEEATIOI4 * * * * * * * * * * * * * * DOLLARS, to the said part IES of the fist part in hand paid by the said part 1ES of the second part, the receipt whereof is hereby confessed and acl.nowledged, haVE remised, released, sold, conveyed and QUIT CLAIMED, and by these presents do remise, release, sell, convey and QUIT CLAIM unto the said part .IES of the second part, THEIR iie;rs, successors and assigns, forever, all the right, title, interest, claim and demand which the said part IFS of the first part haVE in and to the following described lot or parcel of land situate, lying and being in the County of GARFIELD AND EAGL-and State of Colorado, to wit: ANY AND ALL WATER RIGATS, WELL USER RIGHTS AND IMPLIED EASEMENTS 14ITICH PARTIES OF THE FIRST PART MAY HAVE UNDEI'. AND 13Y VIRTUE OF THAT DEED FROM MID -VALLEY LAND COMPANY TO JACOB SCHWARTZ ANI) FLORENCE R. SCHWARTZ RECORDED IN GARFIELD COUNTY JANUARY 26, 1971 IN BOOK 416 AT PAGE 401 AS RECEPTION NUM_PrR 248767 AND IN EAGLE COUNTY FEBRUARY 9, 1971 IN BOOK 219 AT PAGE 725 AS RECEPTION NUMBER 115357. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said parti ES of the first part, either in law or equity, to the only proper use, benefit and behoof of the said part IES of the second part,THEIR heirs and assigns forever. IN WITNESS WHEREOF, The said part IES of the first part ha VE hereunto set THEIR handS and seal S the day and year first above written. Signed, Scaled and Delivered in the Presence of STATE OF COLORADO, County of PIT'KIN BUTLER S. COX t I- % SUSA'' 15,!-. . C X The foregoing; instrument was acknowledged before me this 27T11 19 79 , by* BUTLER S. COX AND SUSAN S. COX [SEAL] [SEAL] 1 �f1 [SEAL] [SEAL] day of AU(;UST •''11'�yJ�i<}1pmiY:;iGro expires , 19 . Witness my hand and official :?cal. • `�, . --My Commission e;:pires reb. 10, 1981 1 •?`.--",.,-'7" r,.'i �-r I-rsel f fir.. t'.7 ldo. 93.1. 111111' (y.Ahhl Ilan Ifs r l I'ul•li hw; !' 1',:.I- la .•! ,ut . !. I :, e: J,,, .1.. 1fl'7-i•ne111 176 • Notary Public. Reeorded at...12.15Q o'elack...Aw.M., �:.Y. % a Y.... ,Y..a....A.11� ... Book 41.6 .._ 4:$2x1_ . ------.... t� _ �i�73acta�$eoord�r. ' Page 4-01 Reception No. THIS DEED, Made this 1St day of April , 19 70 , between MID -VALLEY LAND COMPANY a corporation duly organized and existing under and by virtue of the laws of the State of Arizona of the first part, and JACOB SCHWARTZ and FLORENCE R. SCHWARTZ of the County of Garfield and State of Colorado, of the second part: WITNESSETH: That the said party of the first part, for and in con- sideration of the sum of Ten Dollars and other good and valuable consideration to it in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm unto the said parties of the second part, not in tenancy in common but in joint tenancy, the survivor of them, their assigns and the heirs and assigns of such survivor forever, all the following described lot or parcel • of land, situate, lying and being in the County of Garfield and Eagle and State of Colorado, to wit. A parcel of land situated in part in the NW -1/4 of the NW -1/4 of the NE -1/4 Sec 33, T7S R87W 6th P. M. and in part in the SW -1/4 SW -1/4 SE -1/4 Sec. 28, T7S R87W, 6th P. M in Garfield and Eagle County, Colorado. Being, more particul- arly described as follows: Commencing at the TRUE POINT OF BEGINNING at the North 1/4 corner of said Section 33. Thence N 02c56' 12"E, 630. 03 feet; thence S 88"54'43"E, 110. 00 feet; thence S 02`56'12"W, 329. 19 feet• thence S 8913'06"E, 348. 83 feet• thence S 02'56'12"W, 300.00 feet; thence N89`313,06"W, 240. 00 feet• thence SO1"01'02"W 664. 36 feet; thence N 89`22'02"W, 226. 52 feet; thence N 01'40'39"E, 664. 77 feet returning to the TRUE POINT OF BEGINNING; said parcel containing 7. 39 acres. FILING S AM STATE CCCBFSt: TRR? FEE JAN L. 1j�7 DicKlata TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of, in and to the above bargain premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, the survivor of them, their assigns, and the heirs and assigns of such survivor for- ever. And the said party of the first part, for itself, its successors and assigns, does covenant, grant, bargain and agree to and with the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, as- sessments and encumbrances of whatever kind or nature soever. The right to use, without charge, water from the well on grantor's adjoining real property to the West by tappinginto grantor's existing line. Such water shall be used only for domestic purposes. Grantor and grantee shall share cost of op- eration and maintenance of the well proportionately according to their respective usage. and the above bargained premises, in the quiet and peaceable possession of the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, The said party of the first part has caused its corporate name to be hereunto sub- scribed by its President and its corporate seal to be hereunto affixed, attested by its Secretary, the day and year first above written. Angus A. Anderson Secretary' By STATE OF COLORADO, . County of Pitkin • aH MID }SAT LFY C. T.'Garth Jr. 1st day of April as as The foregoing instrument was acknowledged before me this 191.7.&4' by C. T. Garth, Jr: 1 + ^ ',...,Angus A. Anderson 9;Mid-Valley Land Company %a3 :' My notarial commission expires Witness my hand a COMPANVp'p Y R* e yo ebruary 19, • 73 fficial Beal: . Nota No. 929. WARRANTY DEED.—Prom Corporation to Joint Tenants.—Bradford Publishing Co., 1824-46 Stout Street, Denner, ado -10-69 . !1 L L A L 1 1 t ASVtji REATITY P.O. BOX 3558 ASPEN, COLORADO 81611 (303) 925-7732 February 25, 1976 Mrs. Elizabeth E. Grindlay Box 2154 Aspen, Colorado 81611 Dear Mrs. Grindlay: I can appreciate your concern to have a written definition of the water rights which pertain to the property you have recently sold to Robert and Mary Donlan, as well as to the property retained by yourself in the Aspen Mesa area. As you know, the well which supplies water to the house sold the Donlans is a community well set up by Mr. Antonidios when he was the owner of the property. He dedicated this well to have 12 shares. Since Mid Valley Land Company inherited jurisdiction over this well when the property was. purchased from Mr. Antonidios, we feel that we have the right to allocate the shares from this well. Mid Valley Land Company affirms that one share in the well pertains to the property purchased by the Donlans and that you have a right to one share in the well for the property retained by yourself. The house which Mr. Stork ohms, formerly Mr. Antonidios' own home, also has a share. At this time the Montgomery house is using water from its own well; however, should the need arise, we would feel inclined to provide a share for the Montgomery property. All other shares at this time are unallocated. The cost of both the maintenance and operation of the well is to be borne joinely by the shares in use. At this time there are only two shares being used, the Story share and the Donlan's share, consequently, these two parties should at this time be splitting the cost of the maintenance and operation of the well. Please give a copy of this letter to the Donlans as it de:ines their right to a share in the well'as well as sets out their cost obligations. I hope this letter takes care of any problem which may arise concerning water from this coranunity well. *iti\E-AfAkv) CTG:jj Best regards, MID VALLEY LAND COMPANY C. T. Gare i, J President EXIIIBIT 5 A n:.6 Li Isco, • ll,,..,I,t T01 1E El), :4:trlr this 7 I,rt,ctrC(1 day of AUGUST BUTLER S. COX AND SUSAN S. COX �._;, �1• :1_1:ecor'1, r. of the County of PI T1:1 N and Stat eefColorado. ofthe first part, and RENIIIE'1'Il 1). PIC til?GIVEN AND SUSAN S. SMITIJER.S Whuaelee,aiaddr',':;:;is P.O. BOX 2G72, ASPEN, COLOPADO 81611 00hL County of PI`I'ICIN and State of Colorado, of the second part: 414 WtTNES`.E'1'll,Th:ttthesaidpartIF`52rfthefirstpart..for:ldinconsiderationof TILE S UM OF TEN DOLLARS AND OTHER VALUBLE CONSIDERATION * * * * * * * * * * *DOLLARS to the said part[ ES of the first part: i,, hand paid by said pai tI ES of the second part, the receipt whereof is hereby oonfe!,sed nett ar!;,1 ,wIb•tltr't•d, ha Vl :p t:tnled. bortr::tined, SI 14 and conveyed, and by 1 hear.• presents do grant, bargain, sell, (MI%.oy and confirm, unto the said part IES of the second 1trt',I'I.IEIllieirs and assigns for- ever, all the billowing describer} lot or parcel of land, situate, lying and being in the County of GARFIELD/EAGLE and State ol'Colorado, to wit: A PARCFIL OF LAND )ITUATED IN PART OF TILE NW'QNt'd'r;NE1i, SECTION 33, TOWNSIHIP 7 SOUTH,!, RANGE 87 Pt'I;E'1' OF THE 6T11 PRINCIPAL MERIDIAN AND 1N PART OF THE SW;SW'.;SE-, SECTION 28, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF TIIE 6TH PRINCIPAL MERIDIAN IN GARFIELD AND EAGLE COUNTY, COLORADO, DEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT 'PILE TRUE POINT OP BEGINNING AT THE NORTH ' CORNER OF SAID SECTION 33; THIENCE N. 02'56'13" E. 630.03 FEET; THENCE S. 88°54'43" E. 110.00 FEET; THENCE SL 02°56'12" W. 329.19 FEET; THENCE S. 89°13'06" E. 348.83 FEET; THENCE S. 02°56'121'! W. 300.00 FEET; THENCE N. 89'13'06" W. 240 FEET; THENCE S. 01°01'02" W. 664.36 FEET; THENCE N. 89°22'02" W. 226.52 I'EET; THENCE N. 01'40'39" E. 664.77 FEET, RETURNING TO TIIE TRUE POINT OF BEGINNING. COUNTIES OF GARFIELD AND EAGLE, STATE OF COLORADO. also known as street and number 2438 1.02 ROAD 'TO,GE'f1[Elt ,with all and singular the hereditaments and appurtenances thereto belonging, or in anywise apper- tain:tig)anl the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the cs1atr,light, title, inters..;, cl:!iin and demand whatsoever of the said part IES of the first part, eit her in law or ,:mitt' of, in and to the above bargained premises, with the hereditaments and appurtenances. T() HAVE ANI) •1'U IioLT) the said premises above bargained and described Nith the appurtenances, unto the said part IES of the second part, THEIP1)r•irs and assigns forever. And the said part IES of the first part, for THEM seIVES , heirs, executors, and administrators, do covenant, grant, bargain, mud agree to and with the said part IES of the second part, 'I'HEI13leirs .and assigns, t hat at the time of t he ensealing and delivery of t hese presents, THEY ARE well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha VE good right, full power and authority to grant, bargain, sell and convey t he sante in 01:11)11e1' and form as aforesaid, and that the same are free and clear front all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind of nature soever. RESERVATIONS AND EXCEPTIONS CONTAINED IN THE UNITED STATES PATENT TO THE DESCRIBED PROPERTY AS RECORDED IN GARFIELD COUNTY OCTOBER 22, 1965 AS DOCUMENT NUMBER 232056 IN BOOK 370 AT PAGE 410 AND IN EAGLE COUNTY ON APRIL 7, 1923 IN BOOK 93 AT PAGE 88 AFFECTING S1/2SI:1/4 SECTION 28 INCLUDING: THERE IS RESERVED FROM TIIE LANDS HEREBY GRANTED A RIGHT OF' WAY THEREON FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES (CONTINUED ON REVERSE SIDE..) and the above bargained premises in the quiet and peaceable possession of the said part IES of the second part, THEIR heirs and assigns against all and every person or persons lawfully claiming or to claire the whole or any part thereof, the said part IES of l he first part shall :,nd will WARRANT AND F010r 'ER DEFEND. IN WITNESS WHEREOF, the said part IES of the first part haVE hereunto setTIIEIRhant6 and seals the day and year first above written. STATE OF COLORADO, BUTLER S. COX f SUSAN S. COX _(SEAL) (SEAL) •.„-.) _ (SEAL) NS. ('ounty of PITK11`1 J -/ 'I'hol' r gill r instrumr.•n1 was ackuowlc•dved I, ,fore the this `fl .y AUGUST 19.°.W” r ` �,,,,,1JuJJr,'' .,, � � S. SUSAN COX day of P11 1.1 , . COX AND SIJ F 1 S . C.)X ' _%; uunnij1 rlc,)tili'r•. , 19 Witsmy hal m r 1fi i I seal.•�t y Cotl,InLsic11 c:.;iCS :.b. 10, l 1 i fr • 4t' '.... We 1i:12 1r A4'i: A RtTV 11:::11).--.1' or rho :n,•..::Ic lterord.. 1117)1 l!,na'Iord 1'u6helung Co , 15111 Sita,!Pr,: li: ,:•re:, (t:vrw.di 73 (((11) 1 ', C 0 n "1 i'1 H 0 0 0 0 ) 0 nn [� aasgyCC fell. a )Z�i) y M.IE (' 0 r," ') AND PATENT RECORDED JUNE 25, 1965 IN GAI'.FIELD COUNTY AS DOCUMENT NUMBER 230477 IN BOOK 367 AT PAGE 198 AND IN EAGLE COUNTY JUNE 24, 1965 AS DOCUMENT NUMBER 101643 IN BOOK 190 AT PAGE 327 AFFECTING N1/2NWnNE1 SECTION 33 INCL[TDING: a. THERE IS RESERVED FROM THE LANDS HEREBY GRANTED A RIGIIT OF WAY THEREON FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES. b. ALL THE OIL, GAS AND POTASH IN TILE LAND SO PATENTED, AND TO IT OR PERSONS AUTHORIZED BY IT, THE RIGHT TO PROSPECT FOR, MINE AND REMOVE SUCH DEPOSITS FROM THE SAME UPON COMPLIANCE .: THE CONDITIONS AND SUBJECT TO THE PROVISIONS AND LIMITATIONS OF THE ACT OF JULY 17, 1914 (38 STAT. 509) . c. ALL THE SODIUI4 IN THE LAND SO PATENTED , AND TO IT OR PERSONS AUTHORIZED BY IT, TIIE RIC. TO PROSPECT FOR, MINE AND REMOVE SUCH DEPOSITS FROM THE SAME UPON COMPLIANCE WITH TIIE CONDI'I 1 AND SUBJECT TO THE PROVISIONS AND LIMITATIONS OF TIIE ACT OF JULY 17, 1914 (38 STAT. 509) AS AMENDED BY THE ACT OF MARCH 4, 1933 (47 STAT. 1570). EASEMENT AND RIGHT OF WAY FOR UNDERGROUND COMMUNICATION LINE AND FACILITIES, TESTING TERMIN, AND OTHER APPURTENANCES, AS GRANTED TO THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY 1 MID-VT.T,LEY LAND COMPANY, IN THE INSTRUMENT RECORDED IN GARFIELD COUNTY JULY 15, 1968 IN BOCi' 395 AT PAGE 448 AS RECEPTION NO. 241321, Z''FECTING THE FOLLOWLNG DESCRIBED PROPERTY: A STR1i OF LAND 5 FEET IN WIDTH ON EACH SIDE OF A CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SECTION 28, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPAL MJ. DIAN, THENCE N. 06°51' E. 1363.1 FEET TO TIIE TRUE POINT OF BEGINNING; THENCE S. 02°11' E. FEET; THENCE S. 03°50' W. 200.0 FELT; THENCE S. 02°40' E. 356.0 FEET, THENCE 00°55' W. 200.' FEET; THENCE S. 18°54' W: 200.0 FEET; THENCE S. 56°14' W. 91.0 FEET TO THE POINT OF TERMINI' FROM WHICH THE SAID SOUTH QUARTER CORNER OF SECTION 28 BEARS S. 01°50' W. 174.3 FEET. EASEMENT AND RIGHT OF WAY FOR ROAD AND UTILITY PURPOSES ACROSS THE NORTHERLY 60 FEET OF THI'• SWaSASEa OF SECTION 28 AS SET FORTH IN THE FOLLOWING DEEDS IN WI]IC11 WILLIAM O. ANTONIDES 1: THE GRANTOR. GARFIELD COUNTY: DATE OF RECORDING; JANUARY 18, 1967 AT BOOK 381, PAGE 271 RECEPTION NO. 236831, DATE OF RECORDING; JANUARY 18, 1967 AT BOOK 381, PAGE 273 AS RECEPTI' NO. 236832, DATE OF RECORDING; JANUARY 18, 1967 IN BOOK 381, PAGE 275 AS RECEPTION NO. 236 DATE OF RECORDING; JANUARY 18, 1967 IN BOOK 381, PAGE 277 AS RECEPTION NO. 236834, DATE Off' RECORDING; JANUARY 18, 1967 IN BOOK 381, PAGE 279, AS RECEPTION NO. 236835. EAGLE COUNTY: DATE OF RECORDING; JANIZARY 9, 1967 IN BOOK 203 AT PAGE 51, AS RECEPTION NO. 105239 , DATE '. RECORDING; JANUARY 9, 1967 IN BOOK 203 AT PAGE 55, AS RECEPTION NUMBER 105240, DATE OF RECI' ING JANUARY 9, 1967, IN BOOK 203 AT PAGE 59 AS RECEPTION NUMBER 105246, DATE OF RECORDING; JANUARY 9, 1967 IN BOOK 203 AT PAGE 63, AS RECEPTION NUMBER 105247, DATE OF RECORDING, jANi 9, 1967, IN BOOK 203 AT PAGE 67 AS RECEPTION NUMBER 105248. NOTE: EACII OF THE ABOVE DEEDS ( VEYED AN UNDIVIDED 1/5 INTEREST IN THE LANDS CONVEYED. TITS RIGIIT TO USE WATER AS CONTAINED IN DEED FROM MID -VALLEY LAND COMPANY TO JACOB SCIIWAR'1'.'. AND F1,0RENCP; R. SCIIWARTZ RECORDED IN GARFIELD COUNTY JANUARY 26, 1971 IN BOOK 416 AT PAGE AS RECEPTION NUMBER 248767 AND IN EAGLE COUNTY FEBRUARY 9, 197.1 IN BOOK 21.9 AT PAGE 725 AS RECEPTION NUMBER 115357 AS FOLLOWS: THE RIGIIT TO USE, WITHOUT CHARGE, WATER FROM THE WELL GRANTOR' S ADJOINING REAL PROPERTY TO THE WEST BY TAPPING INTO GRANTOR'S EXISTING EINE. WATER SHALL BE USED ONLY FOR DOMESTIC PURPOSES. GRANTOR AND GRANTEE SHALL SHARE COSI' 01' OPERATION ANI) MAINTENANCE OF THE WELL PROPORTIONATELY ACCORDING TO THEIR RESPECTIVE USAGE. AND SUBJECT TO MORTGAGE DEED FROM ALAN A. STOREY TO TIIE 1'IRST NATIONAL PANT; .OF G.LI NWOOD SI IN THE AMOUNT OF $65,000.00, SAID DEED DATED MARCH 24, 1975 AND RECORDED MARCH 24, 1975 V: GARFIELD COUNTY AS DOCUMENT NUMBER 266713 IN BOOK 470 AT PAGE 500 AND REC:OI!.D11) AI'RII, 18, 1 IN EAGLE COUNTY AS DOCUMENT NUMBER 135482 IN BOOK 239 AT PAGE 442. • WATER AGREEMENT The undersigned, WILLIAM O. ANTONIDES, for and in consideration of the purchase of certain real estate by STANLEY GLEN, and certain other real estate by JOHN H. GRINDLAY and ELIZABETH E. GRINDLAY, hereby agrees that upon payment of each parties' proportionate share of the cost of maintenance and repair of that certain well and 5, 000 gallon tank installed by the said William O. Antonides northerly of the property purchased by Stanley Glen and John H. Grindlay •and Elizabeth E. Grindlay and now serving the residence property of William O. Antonides, each of the parties herein • mentioned shall be entitled to the following proportionate share of the water • from said well and stored in said tank, in the following order of priority, to�wit: 10\kA.e.yi ir(o Vt S.C. • • First right - William O. Antonides = 2/12ths Second right- Stanley Glen = 2/12ths • Third right John H. Grindlay and Elizabeth E. Grindlay 2/ 12ths Fourth right - Stanley Glen = 2 / 12ths - Fifth right - Ralph L. Antonides = 2/12ths Sixth right - William O. Antonides = .2/12ths All of the parties agree to pay their proportionate share of such maintenance and expense for the operation of such water system within thirty days from the date of notice of assessment. Each party shall be permitted to transfer or assign his or her interest, • or a part thereof, but only subject to liability for assessment and any failure to pay assessments when due shall work a forfeiture of the right of the party so failing to pay such assessment. The said William O. •Antonides, further agrees that each of the parties affected by this agreement, shall have an easement or right-of-way for a pipe line from the line served by -the well and tank to the boundary line of the property owned by said party, or parties; provided, the said William O. Antonides shall be permitted to determine the location of said easement or right-of-way so that it will not interfere with the use of the servient estate of the said William O. Antonides. Failure by any party other than William O. Antonides to use the water right granted, for a period of more than nine months after the installation of such party's water line, or failure .to pay the assessments as c:bove noted, shall constitute abandonment of the right and such right shall revert to the owner, or owners, of the William O. Antonides property. Any increase in the size or capacity of the water system by the said • William O. Antonides, shall inure to the benefit of the said William O. Antonides, his heirs and assigns and the interest of the other parties above-named shall apply only to the present water system. WITNESSETH my hand and seal this 29th- day of Sep tuber, 196G. APPROVED: _2_ 1/// / (SEAL) z H n M aaac a o ►+•'a crmaorDDmOozo ort < a 0 olt CD 0 r••• wKe<0 rt 0 41 O=IDrt r* ? n".0 n 'v at o 0. rt 0 rtX di H W e M N O M hi 0 0 h • <n a nael' rta , <• 0*0 s. w 0* 0f°0ms o °IDC° 0 0 < 9 n rsc ? 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