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HomeMy WebLinkAbout1.0 ApplicationSPECIAL/ t -USE PERMIT Date: -7.1uca,t / / Applicant: .. rec % �ti d Ve 0a_, r R 77 Address of Applicant: Special/Conditional Use: I i.5L "I I icl /\ew,CCL t/e o Legal Description: 7) ff tl c, J e J Practical Description (location with respect to highways, county roads and residences): h Requirements: 1. Plans and specifications for proposed use. 2. Letters of approval from utility companies, sewage and water. Road access and other information deemed necessary. 3. A vicinity map drawn to scale depicting the subject property, �' 4• location and use of building and structures on adjacent lots. An impact statement on the proosed ' a'le'-ka.i- Sections 5.03-5.03.12 of Zoning RegulationsSe where required by 5. Notice including the name of the applicant, description of the subject lot, a description of the .and place for the hearing shall beprgiven special use and time general circulation in that given in the newspaper of general (15)cdays portion of the County at least Y prior to such hearing time. Applicant shall bear the cost of advertising. 6. A copy of Assessor's map showing and a listing of all adjoining property owners of information described under Property. Notice containing be owners of record of these lots pataleast 5ph 5dayys1l prior mtoltd to the ove hearing by certified return receipt mail and the receipts shalle be presented at the hearing by the applicant. 7 • A fee of $ 2,SO,0c3 shall be charged for each application and shall be submitted with the application. 8. Attach a copy of proof of ownership for your property. (Deed, title insurance). ;t all adjoining property owners of said property. -rttc vr _en0 4 `.hf lei Y171e JIcI1v( 5 -: • (i -- 655- /fc/ Nem CQ,5f/e, ce shall be sent at least five rn-receipt mail to all of the above noted dpersonsaysior ao hearinby icant's responsibility and P Mailing is thee ing. Proof of mailing must be presented at the tbove information is correct to the best of my knowledge. GWS -25 APPLICANT UI I ILJL_ CJI 1 i 1,-\ 11_ Ll .,,tiivL�i 1 COLORADO CION OF WATER RESOURCES • 818 Centennial Bldg , 1313 Sherman St.. Denver, Colorado 80203 (303) 866-3581 LIC WELL PERMIT NUMBER 037672 DIV. 5_ CNTY. 23 WD 45_ DES. BASIN MD __ ANDREW & VELAIRA RINNA 1950 CO RD 311 NEW CASTLE, CO 81647 PERMIT TO CONSTRUCT A WELL APPROVED WELL LOCATION COUNTY GARF.IFT,D NW 1 /4 _SW___/4 Section _12__ Twp6 s , Range 9.2- W —S- P.M. DISTANCES FROM SECTION LINES 2.400 Ft. from So»th Section Line 4200 Ft. from East— Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDf11ONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) Approved pursuant to CRS 37-90-137(2) for expansion of use of the well constructed under permit 105074, appropriating ground water tributary to the Colorado River as an alternate point of diversion to the Avalanche Canal and Siphon on the condition that the well be operated only when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. Issuance of this permit cancels permit 105074. 3) The maximum pumping rate shall not exceed 15 GPM. 4) The average annual of amount of ground water to be appropriated shall not exceed one (1) acre-foot (325,850 gallons). 5) The use of ground water from this well is limited to ordinary household purposes inside two (2) single family dwellings and the irrigation of not more than one-half acre of home gardens and lawns. 6) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 7) The well shall be constructed not more than 200 feet from the location specified on this permit. r. %1. 'f- /5"- 90 PUMP INSTALLER'S COPY APPROVED: MAM Receipt No. 0316824 Aav..4s,.._, DATE ISSUED SEP 211990 : i� By EXPIRATION DATE SEP 2 11991 • • Section 5.03.01 (2) shall be amended to read as follows: (2) Manufactured Home as the Principal Use of the Lot: A manufactured home shall be allowed as the principal use of a lot as a use by right, provided that each of the following conditions is satisfied: A. The manufactured home is at least twenty four (24) feet in width and thirty six (36) feet in length; B. The manufactured home is installed on a permanent concrete or masonry footer approved by the Building Official; C. The manufactured home shall be skirted with materials of the same appearance and color as the siding and be permanently affixed to the building, if the foundation is not completely enclosed. The Building Official may require tie -downs in locations subject to high winds; D. The manufactured home has a brick, wood, or cosmetically equivalent exterior and have a pitched roof with no metal materials not pre -painted with a non-metallic color and permanently affixed to the metal by a manufacturer; Manufactured homes as the principal use of the lot are allowed only in the A/I, A/R/RD and R/L zone districts. 41119 STATE OF COLORADO COUNTY OF Cs ae I AFFIDAVIT I(we) JJAVI ei O. ail e_ /1,11 Co0-rt being first sworn under oath, state as follows: 1. I (we) own real property described as C7i27 (���LG 1/1 t(e ?' in the AJ LTJ 1/4 of the .5 v J 1/4 , Section /.;1- , Township 7, , I tinge `%.)- 1,0 , /-, t fi P.M., C—Toq y' i e /of County, Colorado. Located on our property are the following well(s): /-/-c, e lzc,/J 7/5e /y (USE PERMIT NO. IF KNOWN) //905-/ 2. I (we) have been apprised that Ariy'ec0ie_ �c4, i rrc. �/ 71 71 , the present owners of a parcel. of land in the /V'/ 1/4 of the -5kti 1/4, Section i, 2 , Township / . ,Range '7_2 LTJ , (C/' P.M., desire to drill a rieta� well(s) or the extend the use of an existing well(s). I(we) also understand that the purppse of such well(s) is to 7511. 1)P 11-f L4 "(( -f c f f-- o R 4,x, 7 fi ((, e -5 -F Li el r 1 5 c- -r ea v -r n i` `)r -tc le 4e<-1,1, 1 t—f c{(.ve !I 7 1 , and I(we) have reviewed the application(s) that were submitted to the State Engineer and receipted by him under receipt no(s). n /a- F.XP4/115.aii; c9 -f- IL ? 3. The proposed location(s) for the LLC Y'Y e71.1 e x 1 ,-5f r T1 c( [Dell well(s) will be less than 600 feet from one or more of my(our) wells. 4. I(we) have no objection to the Division of Water Resources issuing a well permit (s) to `j-/1c-ir Lc) i Ve /a , "a ,--itet— as proposed in the referenced appiication(s) and would request that permit issuance not be postponed or denied because of any concerns by the Division or others that the proposed well(s) will materially affect my(our) well(s) or water right(s). 5. By this affidavit I(we) are specifically waiving any ob'cction to the issuance of a well permit (s) to / i r(c P t ) 1,//,� (u , y -t1 j r 77 pursuant to the request as set forth in ther. referenced application(s). I(we) also specifically. waive_any___right._-(I),.we -may have to participate in a hearing before. the State Engineer pursuant to Section 37-90-137(2), C.R.S. Dated this /3 day of �U fi- �'y , 19 %U Subscribed and sworn to before me this /31" day of rL/ Uc [i51- , 19 g.0 . WITNESS my hand and official seal. My,,comamission expires: /Z)--71 , (`/-3' • I Notary Officers President (303) 825-1235 Carl H. Bernklau 7880 309 Road Rifle. Colorado 81650 Vice President Harold Shaeffer 5957 319 Road Rine, Colorado 81650 Sec. Treas. Nora Ruth Bernklau 7880 309 Road Rifle, Colorado 81650 Attorney Russell George P.O. Box 907 Rifle, Colorado 81850 �► i West Divide Water Conservancy District Mr. & Mrs. Andrew Rinna 1950 C. R. 311 New Castle, Colorado 81647 Dear Mr. & Mrs. Rinna: POST OFFICE BOX 1478 RIFLE, COLORADO 81650-1478 August 8, 1990 AUG 91990 'LLD CO NTY • Board of Directors Carl H. Bernklau 7880 309 Road Rifle, Colorado 81650 Leonard Christensen 10879 311 Road Silt, Colorado 81652 Gregory Durrett 926 Blake Avenue Glenwood Spgs.,C0 81601 Harold Shaeffer 5957 319 Road Rifle, Colorado 81650 John Martin 13112 Highway 82 Carbondale, CO 81623 Enclosed please find your completed contract #900807 - AVR for one (1) acre-foot augmentation/exchange water from the West Divide Water Conservancy District along with your receipt #2163 for the one-time administration fee and the 1990 per acre-foot fee. Confirming copies of your contract are being submitted to the following entities and have been submitted to West Divide Engineer and Attorney: Colorado State avision of Water Resources Division #5 Water Resources Garfield County Planning Department Colorado River Water Conservation District We are happy to supply your need with West Divide Services. Sincerely, Nora Ruth Bernklau Water Contact Person, W.D.W.C.D. Enc/ c/c Colorado State Division of Water Resources Division #5 Water Resources __.Barfield County Planning Department Colorado River Water Conservation District • (J , ract # 90oga 7-Avl� Map ID # 9S' Date Activated -6.,8'-9,?) APPLICATION AND DATA FORM TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT A. APPLICANT �' Name fl J1 -e l ' )'� N 4 r1�A-r r -A 1;, /0'l iv /} Address /95;5 C,,v I f� t 31/, IJ e,,,,,, C'J-r l c) (� �'JG r% Telephone Number / - Authorized Agent or Representative B. WATER RIGHT OWNED BY APPLICANT Name of Right Type of Structure or Right 6; Location of Point of Diversion �Nc1� 01-f- „Lit-,-- Jec bxd /“ . - - ,t,' L, Water Court Case No. FS/Crw �� 7 Well Permit No. Iw1r 7- C. INTENDED USE OF LEASED WATER ,, Location of Area of Use 195-6 ,� N a 3t 1 Description of Use >PO er, k , v- a- )-ft ev- D. Number of Dwelling Units Total Acreage 4,.-z_ Proposed Potable Water System Proposed Waste -Water Treatment System Projected Monthly Volume of Gallons: Leased Water Needed in Jan. Feb. Mar. June July Aug. Nov. Dec. Annual Total Gallons.3Z5 90c Maximum Instantaneous Demand OTHER REMARKS gr - DATE Apr. May Sept77F Oct. ,4 Acre Feet / gpm SIGNATURE OF ACS OR REPRES FATIVE • • Contract # 900?0 7- �v J' Map ID # 9°,1? Date Activated r— WEST DIVIDE WATER CONSERVANCY DISTRICT Water Allotment Contract Name of Applicant: Quantity of water in acre feet 1 . A4-1-41 I Applicant, hereby applies to the west Divide Water Conservancy District, a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of C.R.S. 1973, 37-45-101, et seq., (hereinafter referred to as the "District") for an allotment contract to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this application, and subsequent delivery and use of water, Applicant hereby agrees to the following terms and conditions: 1. Water Rights: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water, which will be supplemented by water leased herein. If Applicant intends to divert through a well, it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from the State Engineer. 2. Quantity: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in acre-feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow, storage or otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terms and conditions of this contract. The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow rights to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein provided, it may so notify the District in writing, and the amount of water allotted under this contract shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and Location of Beneficial Use: Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses: Municipal, domestic and related uses, or irrigation and commercial (except to the extent that Ruedi water may not be available for irrigation and commercial as those terms are defined on page 5 of Contract No. 2-07-70-W0547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's control. 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of -1- • • diversion for said other sources, and release or delivery of water at such outlets or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir shall be subject to the District's lease contract with the United States Bureau of Reclamation. Releases from other facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (October 1), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado State Engineer to estimate any conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case. The District, or anyone using the District's decrees, may call on any additional sources of supply that may be available at an alternate point of diversion, (though not at the original point of diversion) only as against water rights which are junior to the date of application for the alternate point of diversion. 5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant. The District reserves the exclusive right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal and engineering costs necessary for any changes in water rights contemplated herein, and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted under this agreement. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under paragraph 18 below. In any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof. 6. Contract Payment: Non-refundable, one time administrative charge, in the amount determined by the Board of Directors of the District from time to time, shall be submitted with this application for consideration by the District. -2- • • Annual payment for the water service described herein shall be determined by the Board of Directors of the District at a per acre-foot rate. The initial annual payment shall be made, in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the initial payment shall apply and the price which is applicable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. If an annual payment is not made by the due date, written notice thereof will be sent by the District to the Applicant at such address as may be designated by the Applicant in writing. (If no address has been so designated in writing, then said notice shall be sent to Applicant's address set forth herein. Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. If payment is not made within ten (10) days after the date of said written notice, Applicant shall at District's sole option have no further right, title or interest under this contract without further notice and delivery may be immediately curtailed; and the allotment of water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District. 7. Security: As security to the District, the foregoing covenant of annual payments in advance of water delivery, will be fully met by annual budget and appropriation of funds from such sources of revenues as may be legally available to the Applicant. As additional security to the District, the Applicant will hold harmless the District and any person, corporation, quasi -governmental entity, or other governmental entity, for discontinuance in service due to the failure of the Applicant to maintain the payments herein contemplated on a current basis. Applicant agrees to defray any out-of-pocket expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8. Assignment: This agreement shall inure to the benefit of the heirs, successors or assigns of the parties hereto, except that no assignment shall be permitted in the event the water right allotted hereunder is to be used for the benefit of land which will be subdivided or otherwise held or owned in separate ownership interests by two (2) or more users of the water right allotted hereunder. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this contract, have any rights hereunder. Any assignment of the Applicant's rights under this contract shall be subject to, and must comply with, such requirements as the District may hereafter adopt regarding assignment of contract rights and the assumption of contract obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment contracts. 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law. 10. Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement" with the District under terms and conditions determined by the Board of Directors of the District, if and when, the Board of said District -3- • determines in its sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for additional annual monetary consideration for extension of District delivery services and for additional administration, operation, and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant. 11. Change of Use: The District reserves the exclusive right to review, reapprove or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this contract. 12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described in the documents submitted to the District at the time this agreement is executed (said documents are incorporated herein by this reference thereto), or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, shall be deemed to be a material breach of this agreement. 13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal fee title interest in or to any water or water rights referred to herein. 14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use. of District owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict uses as follows (unless specific waivers are appended to this agreement). Violation of these restrictions shall be deemed to be a material breach of this agreement. Use Annual Maximum Diversion Household Domestic (includes lawn) Livestock (cattle) Irrigation 1/3 acre foot 1 - 3 acre feet 1 acre foot/100 head 2 - 3 acre feet/acre 16. Well Permit: If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well permit before District is obligated to deliver any water hereunder. 17. Representations: By executing this agreement, Applicant agrees that he is not relying on any legal or engineering advice that he may believe he has received from the District. Applicant further acknowledges that he has obtained all necessary legal and engineering advice from his own sources other than the District. Applicant further acknowledges that the District makes no guarantees, warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this agreement. Should the District be unable to provide the water contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund from the District. 18. Costs of Water Court Filing: Should the District, in its own discretion, choose to include Applicant's contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceeding. -4- 19. Binding Agreement: This Agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application for Purchase of Waters from the West Divide Water Conservancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. 20. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. APPLICANT ADDRESS: i%5V — /V.tuit-(u.ttiz, . eet-h. Yid47 STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foreg ing instrument was acknowledged before me on this 7th day of August , 1990, by Andrew P. Rinna and Velaira G. Rinna Witness my lAtes0q4,official seal. My commi0:011 Gailye * 4magW + • : MARIE r --- # r i* o •ry P • c • • STANEK ; * 400 7th St So #1000 Rifle, CO 81650 *�•. :DER After a heat ,,.44". the Board of Directors of the West Divide Water Conservancy District on the above application, it is hereby ORDERED that said application be granted and this contract shall be and is accepted by the District. WEST DIVIDE WATER CONSERVANCY DISTR.0_,,I;4( By(La `;/ iJQA President ATTEST: cretary Dat. N ,'\ ,,,l'`� This contract includes and is subject to the terms and conditions of the following documents which must accompany this contract: 1. Map showing location of point of diversion (use map provided) 2. Application and Data Form fully completed and signed 3. Other -5- • BOOK 687 PAGE455 EXHIBIT "A" A tract of land in the North one-half of the Southwest one-quarter (N1/2 SW1/4) of Section 12, Township 6 South, ;,,ange 92 West of the 6th Principal Meridian, in Garfield County, Colorado, and being more particularly described as follows: Beginning at a point from which the North Quarter Corner of Section 7, Township 6 South, Range 91 West of the 6th Principal Meridian bears North 66°25'09" East a distance of 7542.64 feet; said point being the True Point of Beginning and being also on the Northerly right-of-way line of -County Road No. 335; thence along the said Northerly right-of-way line of County Road No. 335 along a curve to the right having a central angle of 13°20'29", a radius of 261.87.feet; a chord bearing South 73°28'16" :ast, and an arc length of 60.98 feet; thence South 66°48'03" East and continuing along said Northerly right- of-way line a distance of 227.55 feet; thence North 27°47'19" '.ast a distance of 294.74 feet to a point on the approximate south bank high water line of the Colorado River; thence North 27°49'19" East a distance of 261.58 feet to a point on the center line of the Colorado River; thence North 62°12'41" West and along the centerline of the said Colorado River, a distance of 551.00 feet; thence South 27°47'19" West a distance of 245.04 feet to a point on the approximate south bank high water line of the said Colorado River; thence South 09°58'50" East a distance of 431.85 feet more or less • to the True Point of Beginning; EXCEPT any portion thereof lying Northerly of the Southerly Meander line of the Colorado River. 5'tnrt. c>F c'c)i.crtt.auc) mt,t, .,r (ThrfiP1H %E �L7 !9,ij r rj `41. o104. N 2 App Sp y 8047 y/Q Ty &4147. Wood Deck 1.95 ONE (STORY WOOD FRAME HOUliE W/ COMPOSITION ROOF • aARCEt�� 3A l 6.262 '►C•� o � FOUND • SET /7 ©x ‘1,-, 0 ,C 0 NJ. .. ti '151 )1,� PA R C EL 36 ,', \9v 1, N GUEST HOUSE 6263A 1-xo,n 29u ONE STORY WOOD FRAME HOUSE W, COMPOSITION RO •ugust 1, 19,,0 Re: Special use permit 36x24 manufactured housing Guest House, To Whom it may concern: This requost for special use of a manufactured home, is to house our eighty-three year old Mother; in goad physical and- mental health but unable to drive a car or live completely alone and independantly. Many states and Canada are actually supplying, en a leasee basis, smaller units for chiidrens property as an the elderly to live in on their alternative to nursing homes,, which are costly and in most cases undesirerable to those still ablf to care for their own personal needs. It will allow for hers and our own privacy with still a feeling of the security she• needs in knowing we are close by to get her groceries,pay any of her bills(insurances etc.),take her- to a Doctor as necessary ---just a general watching over for as long as she is with us! Thank you. Mr, and Mrs. Andrew Rinna 1950--311 Road NewCastle, Colo. 81647 Tele: 876-5439 ° Recorded at • Ree6ption No. APR 2 8 1986 WARRANTY DEET) THIS DEED, Made this 1 St day of April 19 86 , between GERALD E. BERNHARDT AND CAROLYN BERNHARDT of the *County of State of Colorado, grantor, and ANDREW P. RINNA AND VELAIRA G. RINNA Garfield acid whose legal address is 1950 - 311 Road New Castle, Colorado 81647 IT -1 BOX 687 PacE 454 GAR litD APR 2 8 1986 13tatb '. Cj a I of the — County of and State of Colorado. grantees: WITNESS, that the grantor, for and in consideration of the sun of ----One Hundred Ten Thousand and no/100 DOLLARS. the receipt and sufficiency of which is hereby acknowledged, has granted. bargained. sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever. not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any. situate. hying and being in the County of Garfield and State of Colorado, described as lirllows: SEE EXHIBIT "A" ATTACHED HERETO AND FORMING A PART HEREOF also known by street and number as 1950 - 311 Road New Castle, Colorado 81647 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 grantor, either in law or equity, ot. in and to the above bargained premises, with the hereditaments and appurtenances. 1'O HAVE AND TO HOLT) the said premises above bargained and described, \\ ith the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant. grant, bargain and agree to and with the grantees, their heirs and assigns. that at the time of the cnscaling and delivery of these presents, he is well seized of the premises above conveyed, has 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 forth aforesaid. and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes. assessments. encumbrances and restrictions of whatever kind or nature soever, except U. S. Patent reservations, any and all prior mineral reservations, easements, rights of way, Oil and Gas Leases, and building and zoning regulations of record The grantor shall and will WARRANT AND FOREVER DEFEND the ahov'c-bargained premises in the quiet and peaceable possession of the grantees. their heirs and assigns. against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall he applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the date set Orth above. .�. �.. Gerald E. Bernhardt Carolyn ernhardt STATE OF COLORADO County of Garfield The foregoing instrument was acknowledged hetore me this 1st day of April . 1 186 by Gera -l4 E. Bernhardt and Carolyn Bernhardt ui R \\C)-��Y } "O. c. ore',' *It in Denver. insert "City and." Wiutes' nn hand and official sed. '\1\ ('ommisi,on expire, April 29 Nui.m t'uht,c 400 7th Street South Suite 1000 Rifle, Colorado 81650 .1986 • 3-85 No. 921 A. Rev. 3-85. WARRANTY DEED (To Joint Tenants) Bradford Publishing, 5825 W. 6ih Ave.. LaAruaxi. CO 80214 — (303) 233-6900 O, f • EXHIBIT "A" 5rix GS ' PbcE455 A tract of land in the North one-half of the Southwest one-quarter (N1/2 SW1/4) of Section 12, Township 6 South, ;range 92 West of the 6th Principal Meridian, in Garfield County, Colorado, and being more particularly described as follows: Beginning at a point from which the North Quarter Corner of Section 7, Township 6 South, Range 91 West of the 6th Principal Meridian bears North 66°25'09" East a distance of 7542.64 feet; said point being the True Point of Beginning and being also on the Northerly right-of-way line of County Road No. 335; thence along the said Northerly right-of-way line of County Road No. 335 along a curve to the right haying a central angle of i3°20'29", a radius of 261.87,feet; a chord bearing South 73°28'16" :ast, and an arc length of 60.98 feet; thence South 66°48'03" East and continuing along said Northerly right- of-way line a distance of 227.55 feet; thence North 27°47'19" ':ast a distance of 294.74 feet to a point on the approximate south bank high water line of the Colorado River; thence North 27°49'19" East a distance of 261.58 feet to a point on the center line of the Colorado River; thence North 62°12'41" West and along the centerline of the said Colorado River, a distance of 551.00 feet; • thence South 27°47'19" West a distance of 245.04 feet to a point on the approximate south bank high water line of the said Colorado River; thence South 09°58'50" East a distance of 431.85 feet more or less to the True Point of Beginning; EXCEPT any portion thereof lying Northerly of the Southerly Meander line of the Colorado River. SIATL OF ( ()1.()R:AU0 .11111-1, (;:irfiPld FORM 100.3 8 • ?,15.711,11.,Ams.,7 6 P., :1';') • t CLt.g•ti' 00 R150A1111 243-'354 — 2404600 ,,K, a s a , re e, e le 4y+ r , ' k8r.e1.41- nn -.: ,.'" '1 14" .: r, pi Eivf n' ,,=:`stibiecf to the Wren , and co:lc:knew, On both sides'ot this abree;-.miyOir atirkle Selland laerefile latItChAsetttetetrewlh des.dhea lteh''' ADDRESS roppr BuyEks Ar PHONE DATE ____. Apv , 4 74 ADDRESS 9F-Iii ES 414 1,21.47 _ -e• - - MAKE S 4,' Aor dr _ _ .___.RI . _ .404424- YEAR ,7180 ROOMS FLOOR L SIZE W i I SIZE L el W .., N MBER SE teY7-1.- L • ' i• ' COLOR []NEW SED PROPOSED EL NE DATE l' MBR1141 ?OPER:SAY CHOOSE PERS& recikwtiom INSURANCE'S 08TA1ttED.7 ,: ',i",i , - PRICE OF UNIT ...."'"Iti * foll Insurance Coverage- no Coverage f. Acept el, St,own Lietow No yr won, Optional Equipment LJ FIRE AND THEFT -CAC Cost of. Parts and Set-up , D FIRE AND THEFT -COMPREHENSIVE 1 E. 1 ef_LiSONAL,FF14.0 1 SUB. TOTAL. $ _ MOBILE HOMEOWNER'S sl---i-44T44E-P4N,SkiiiANGL4:6903%Ax, I 7U, AL Piit MUM for 0154 ffeince cove/age (1411ht ,c01,44044:14, 10 anra,ncro Iron. .4 th7 A.,, sew, A2 Sales Tax D Please purchase the coverage checked above. SIGNED X SIGNED X Non -Taxable Items P Buyer purchased required msurance through V.mons Fees and Incutance _;CFCO 1. CASH PRICE t, i INSURANCE AGAINST LIABILITY FOR BODILY INJURY OR PROPERTY •T• i t ,',1 'I -IN ,,11 DAMAGE TO OTHERS IS NOT INCLUDED IN THIS TRANSACTION. , .1- ' ' •,. '‘, ;;( If wi a: ,,.o $ III I ! c OPTIONAL EQUIPMENT, LABCM AND ACCESSORIES , k ' .', ' , )0/..V.1(2 S , 1, , I 1 - - - T 4-ii-S-U44;--":74..iial 44; $.`44744440 W-:•"4-4,4411 074 l , ____ 1 ,I - it.- *---;;'--1-4-44--• l" -1.--;.-'44-14-•;:;lit'./-e4; -1;',:;7•1..g:,;,) (4114.,..,..74 iii,:414 ' 0 ----- AL CREW'S 1 II 1 11 /0 LL i 0 11.71 l \ c • / - 1 ./11 I S 1-4X (ft. Nc..,t I1;,24,d Abu:el 1.-=-• • I ,-,-,;„4„..4.4.,...114, ..--ii.---- /44 sf) S4;: -•;i10 X 3. Un mid Balance of Cash Sale Price -- _ ___ _.., _ WOPKSHEET. THIS IS NOT PART OF YOUR C TRACT. ALL AU. .4;x:x41Xl4NiC4----FERIX-Mr--GPt3--ArD ELECTPr --1400;41P-S—ARE—TotE----R6SPONGialLITV—OF—T -^ / Ei4YEA. -------- -- FIGURES ARE ESTIMATES. THEY 90 NOT ON . ITVTE AN AGREEMENT FOR CREDIT. , 0 P — A. OTHER CHARGES 7 or, ,s(F, I (Specify) -$ --/---A- .. 1 • - • r - . '--1,-,3&-C.-e..e.T17:07 ' '*- ' _ • atet--0r-,-,? / 7/44.--04a. - , . ' ,,, i ' ' , , ..,4644112401-e-e"H Il / 7 -__4.....14......4 -4,1:4-34-4-6,../34.-6•44,„rdr4C24.e.44-4.-f../- - AllE.... 4... Reqs Fees $ , ../C2-0..-- 1 wr i of / l7 / • ,,,.....2, . ......e.... _ 44.)."---ae / t /8. (Total) $ . 1 TOTAL OTHER CHARGES (1 , 2 4 3 t 4 .5 • 6) UNPAID BALANCE -AMOUNT FINANCED (3 . A) T, ---- A a amount of credit provided ,e REMARK to you or on your behalf. • AFAM1111.11 C NANCE CHARGE -The dollar amount credit will coal you. .. . fro.., Al I 0 A4NUAL PERCENTAGE PATE . . r_._-__ Tt-o cost of your crellt J OS a yeany rate. CA.:Rif r) 70 oellot,A, 1 , ,,, 'V 7 NI — j E TOTAL. OF PAYMENTS (9 • C) $ DESCRIPTION OF TRADE-IN Yr Ali . _ 1:,a Firt401Mi y4.1U will have piud after you hays made all payments as scheduled Af001 I Ri ,)H, I op,I, F. Total Deferred Payment Price (1 . A r C) ill! L NO St EVA( NO i,c,i , Lit r , i, li ' rt olootti j ,,, I Arr,,qq., 01S ii tc,i ii , i r• I I. , •,,,,111"1,11' Of .,'Q!.!N7 OVviNi; [0 WP ruM - ,............- HIS AGREEMENT CONTAINS THF ENTIRE UNDERSTANDING BETWEEN YOU AND ANY DF:BT I owr ON THE 'TRADE IN IS TO BE PA)P 13Y [ 1 Yr)( ; I f. 11 ME ANO HO OTHER REPRESENTATION OTT INDUCEMENT, VERBAL Of? WRITTEN, HAS 81 N MADE WHICH IS NOT CONTAINED IN THIS CONTRACT. You and I certify that the additional terms and conditions printed on the other side of th's contract are agreed to as a part of this agreement, the same as if printed above the signatures. I am purchasing the above describ-ed trailer, manufactured home or vehicle; the optional equipment and accessories, the insur- ance as described has been voluntary; that my trade-in is free from all claims whatsoever, except as noted. You and 1 agree that if any paragraph or provision violates the law and is unenforceable, the rest of the contract will be valid. I, OR WE ACKNOWLEDGE RECEIPT QF A CQPY OF THIS ORDER AND THAT I, VT? W , HAY REAQ M0 UNKRST THf BACK QF THIS A0Fiffol/flYT, GRAND VALLI.11 HOMES DEALER SIGNEE' X___-• Not Valid Unless Signed and Accepted by an Officer 01 the Company -L- - r(C--1.- 't erc._) 1-- -,4-.4 SOCIA, SFCLIRi TY NO ':-t. 4/ -&O c7C? 51 3 s,,,„,, 1 4 • BUYER tiy ,' App,oved Subject to acceptance ot bnancing by harm or finance company sc CIA. 4,.eiJAIT, . y""""'"'"'l '11,,,ness Fornn, t=ORA/1 ,441r Prins t2:?'58 trtx _ A PLAIN LANGUAGE PURCHASE AGREEMENT UCC § 2-201 DUPLICATE 1� 4p800 ) ~� ►t%g1.0 FkF\ Wood Deck \ \ ./ c.. 1 '519' -..] PARCEt.,,., 3A ' Z (lU 0 TAME W/ 6.262 )IC. A oor oW ' 01 W. Co v' 01- 3 c ft R G p,.JAG E f.',Cilt F I" 100' o. Sp= REBAR 8 C t" 'OUND • c- Irl P A t•t f; CAS . F 1 --I- f -rf tiP4 .1 57-zRy Mo+)SE • 1= 132012,9 R= 2.61.87 L=6098' CND= s.73`28l E. CO 84 cow 0 SCALE 3,'��•= fZ=0' R�PosE.L 1 STo(1 r r.UE-ST HousE 1 PI IFICAfE =29°42'I2"... R=558 78' L=28968 CHO=S.51°57'01"E. 286.48 !'i !' l I t,00lhough, a itegi;tr! ed I and Surveyor, of the state of Colorado ,.r., i ry that Lhc ,rbnv!' !,hrct;n survey, +:.r .!one by me or under my dire: .1„n dnd i5 t ru+' ,tnd ri„ r, , ? t.n t'rr' hest Pf rr; 6•nowI?'t't^. All n,Asprnr?nts Wood Deck PARCEL\\ 3A 6.262 AC.\ h Qtr• 0 ONE STORY WOOD FRAME HOUI3E W/ COMPOSITION R00F • 9 'So .90 9<;7 PARCEL\ \ 3B 6.263 Ar,,, GUEST HOUSE n=13°20'2,9., R=261.87, L=60.98 , CH0=S.7 ° 8. E. Co T 22jSS. 'As Y�r R04 3 \�T NQ TAT\ 335 co o• A=29°42112" R=55878 L=289.68, CHD=5.51286' 418E. FRAMTORY E HOUSEDOD W COMPOSITION Roc VS WATER PIPELINE EASEMENT,,,,,-_,, SURVEYOR CERTIFICATE of the state of Colorado Coo1baugh, a Registered Land Surveyor,mes or under to R do hereby L. that the above shown survey, was done byAnd easymdire certifyknowledge. hereby CHC supervision and is truea�edshownehereonthe best ofmy known to me or visible