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Home My WebLink About1.1 Supplemental MaterialsCOLORADO GEOLOGICAL SURVEY SUBMITTAL FORM FOR LAND-USE REVIEWS County _,,,( .... ]r .... 1..._v-'-':6-'·-'-e"-'.j_,_c\.._· ________ Date-~( u~·,_·~0_1~~l Lf-~· ~ ProjectName \fogv\f)JY 0/li{lal( Su1odf\J1'810V7 APPLICANT (or Applicant's Authorized Representative responsible for paying CGS-review fee) Reviews for Counties Fax No. ___________ _ FEE SCHEDULE (effective June 1, 2009) Small Subdivision(> 3 dwellings and< 100 acres) ........ . Large Subdivision(;:: 100 acres and< 500 acres) .............. . Very Large Subdivision (500 acres or more). Very small residential subdivisions (1-3 dwellings and< 100 acres) .. I I 1 1 14, 12, or /4 14 ___ _ Section(s) ___ _ Township ___ _ Range ____ _ Dec Lat ___ _ Dec Long ___ _ ...... $950 . $1,550 . .. $2,500 . ... $600 Reviews for Municipalities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . At hourly rate of reviewer Special Reviews ....................................................... At hourly rate of reviewer School Site Reviews ......................................................... $855 CGS LAND USE REVIEWS Geological studies are required by Colorado counties for all subdivisions of unincorpo- rated land into parcels of less than 35 acres, under State statute C.R.S. 30-28-136 (1) (i) (Senate Bill 35, 1972). Some Colorado municipalities require geological studies for sub- division of incorporated land. In addition, local governments are empowered to regu- late development activities in hazardous or mineral-resource areas under C.R.S. 24-65.1- 101 et seq. (House Bill 1041, 1974) and C.R.S. 34-1-301 et seq. (House Bill 1529, 1973), respectively. Local-government agencies submit proposed subdivision applications and supporting technical reports to the Colorado Geological Survey " ... for evaluation of those geologic factors which would have significant impact on the proposed use of the land," in accor- dance with State statutes. The CGS reviews the submitted documents and serves as a technical advisor to local-government planning agencies during the planning process. Since 1984, the CGS has been required by law to recover the full direct cost of perform- ing such reviews. The adequate knowledge of a site's geology is essential for any development project. It is needed at the start of the project in order to plan, design, and construct a safe devel- opment. Proper planning for geological conditions can help developers and future owners/ users reduce unnecessary maintenance and/ or repair costs. Colorado Geological Survey• 1500 Illinois Street, Golden, CO 80401 • Ph· 303-384-2655 • Email: CGS_LUR@mines.edu • ColoradoGeologicalSurvey.org created 3/16/98, revised 11121/2013 -~----COLDWeu. BAN~eRC MASON MORSE REAL ESTATE August 20, 2014 514 E. HYMAN A VENUE ASPEN, CO 81611 0. (970) 925· 7000 F . (970) 925-7027 T , (888) 354· 7500 info@masonmorsc.com masonmorsc.com OPINION OF VALUE FOR VAGNEUR PROPERTY AT 60 FLYING FISH ROAD, CARBONDALE, CO Exhibit A is the current Garfield County Assessment. The county values the land only portion of this 21.010 acre parcel at $535,000. Because the current assessment is based on property sales approximately 2 years ago, I have added 10% to the number based on rising land values as we have come out of the recession. Note that land values have not risen nearly as much as home values since 2012. $535,000 plus 10% takes us to $588,500. Exhibit Bis a 23 acre vacant land parcel on Sopris Creek Road in the Emma neighborhood in the town of Basalt. It sold for $610,000 in 2011. Again, to account for rising land values, a 10% addition to the sale price takes us to $671,000. Exhibit C is a 38 acre vacant land parcel on the Roaring Fork River between Carbondale and Glenwood Springs that sold in 2012 for $930,000. The subject parcel at 21 acres is 55% as big as this Exhibit C parcel, so 55% of $930,000 equals $511,500. Adding 10% for the rise in land values post recession takes the value to $562,650. My opinion of value for the 21 acre land only portion of the Vagneur property is $607,383. which is the average of the three exhibits above, A, B, and C. James M. Cardamone, Broker Associate, CRS, GRI, ABR • I am not a licensed appraiser and this is not an appraisal. This is an opinion of value based on county assessment records and comparable sales. CIVIL ENGINEERING LAND SURVEYING To: From: Date: Project: Subject: >\n En1p lo)•ce-Owocd Compony MEMORANDUM Garfield County Community Development Department Matthew Langhorst September 81h, 2014 60 Flying Fish Road Minor Subdivision OWTS and Driveway Feasibility Letter I have been working with the owners at 60 Flying Fish Road on their proposed Minor Subdivision platting process, creating three lots from the current single lot site. The current site has an access driveway and OWTS system allowing access and septic facilities to the property. The creation of two new Lots within the current Lot boundary creates a change to these facilities. The existing OWTS system at 60 Flying Fish Road appears to be a mound system that supplies septic facilities to the existing home. The system is in line with other systems along Flying Fish Road as a mound system design. The water table in this area appears to be between 2' and 4' deep through research of other systems along Flying Fish Road and from 8 existing borings within the a 14 mile of the site. The soils in the area range from l '-2' of topsoil overlying up to 12' of Gravelly-sand. Gradation reports in the area show up to 80% of the soils fall within the Gravel/Sand gradation parameters. These soils are appropriate for an OWTS system design, along with the mounded sand bed design ifrequired due to site specific water table depths. We feel that the two proposed Lots will be able to design OWTS systems that fit within the property boundaries. The two new systems will be required to meet the current Garfield County design standards and setback regulations. The new regulations require two inspection pits to be dug and gradations of the exposed soils to be completed. After an on site inspection of the existing driveway it was determined that upgrades to the driveway will need to be completed to allow for proper widths and carrying capacities to meet the new demand loads. The driveway currently ranges from 10' to 13' in width. The local fire code requires a width of 16' from beginning to end to allow for fire truck access. If the driveway is over 150' in length a fire truck turnaround may be required along the driveway alignment. In addition to the tum around, one or two pullouts may be required along the driveway alignment. The local Fire Marshall will need to review proposed home locations and driveway alignments as the two proposed Lots are applying for Building Permits. The driveway widening will also require the additional width be designed to meet the carrying capacity of a loaded fire truck, in the range of 54,000lbs. The widened section of driveway will need to have the top soil layer of material removed and 8" of the gravelly-sand material scarified and re-compacted. Then a minimum of 12" of class 6 road base will need to be installed at a 95% standard protector compaction rate. The road base layer can be considered the finished driveway material ifthe owner wishes. These 1517 BLAKE AVENUE, SUITE 101 GLENWOOD SPRINGS, CO 81 60 1 97~945-8676•PHONE 97~945-2555 •FAX WWW.HCENG.COM design standards may vary a bit after a final soils report has been completed for the Lots and borings through the existing driveway have been reviewed. Please contact me with any questions or concerns pertaining to this OWTS and Driveway feasibility letter for 60 Flying Fish Road, Garfield County, Colorado. Thank you, ~~~ Matthew Langhorst, P .E. High Country Engineering, Inc. 1 517 BLAKE AVENUE, SUITE 101 GLENWOOD SPRINGS, CO 81601 970.945-8676•PHONE 970.945-2555 •FAX WWW.HCENG.COM 60 FL YING FISH ROAD, DRIVEWAY SUMMARY OF ENGINEER'S PROBABLE COST ESTIMATE September 26, 2014 Proposed Driveway Widdening and Completion to Lot 3 for Fire Access and Structural Loading. ITEM QUANTITY UNIT UNIT COST COST lDiiveh1ilY f;iJnstr~'UIJn_. '' ---~ Mobilization 1 Lump Sum $1,0(i)O.OO $1,000.00 Clear and Grub Driveway Widdening (spoils to remain onsite) 50 CY $20.00 $1,000.00 Excavation for Base Course Installation 50 CY $20.00 $1,000.00 6" Class 6 Aggregate Base Course (includes haul time and installation) 10 Truck Load $500.00 $5 ,000.00 Revegetation (hydroseed or hand broadcase seeding) 1 Lump $750.00 $750.00 Compaction Testing (Geotech) 1 Lump $950.00 $950.00 Subtotal $9,700.00 . .. " ' ~L. -........ -·---' ·• l --'---"II!~'·· .· . ! : . --: - . ~ • ......i.-,... -----·-~~ .-.-'..;.,.~ ~-~ .. Subtotal $9,700.00 Contingency ( l 0%) $970.00 TQrfAL $10,670.00 J:\SDSKPROJ\214\1708\Documents\Driveway Estimate\Vagneur Driveway Estimate 9-26-14 August l 2, 2014 Land Studio Doug and Julie Pratte landstud io@comcast.net RE: Vagneur Minor Subdivision/60 Flying Fish Road Dear Doug and Julie: 3799 HIGHWAY 82 ·P.O. BOX 21 50 GLENWOOD SPRINGS, COLORADO 81602 (970) 945-5491 • FAX (970) 945-4081 The above mentioned development is within the certificated service area of Holy Cross Energy. Holy Cross Energy has existing power facilities located on or near the above mentioned project. These existing facilities have adequate capacity to provide electric power to the development, subject to the tariffs, rules and regulations on file . Any power line enlargements, relocations, and new extensions necessary to deliver adequate power to and within the development will be undertaken by Holy Cross Energy upon completion of appropriate contractual agreements and subject to necessary governmental approvals . Please advise when you wish to proceed with the development of the electric system for th i s project. jfranke@holycross .com (970) 947-5416 JAF:vw Franke\Pratte Svc Ltr 1 A Touch stone Energy" C oope rat ive @ October 22, 2014 Douglas Pratte, ASLA The Land Studio, Inc. 365 River Bend Way Glenwood Springs, Colorado 81601 Re: Potential Wetlands at Vagneur Property, Garfield County Dear Douglas: At your request I have reviewed the potential wetland conditions at building envelopes 1 and 3, and the developed area of Lot 2 on the Vagneur Property at 60 Flying Fish Road in Garfield County. The U.S. Army Corps of Engineers defines wetlands as areas that support hydrophitic vegetation, hydric soils, and wetland hydrology. The USACE further defines jurisdictional wetlands as those waters and wetlands that have a nexus to a water of the U.S. and a Traditional Navigable Waterway. Based on my review of the building envelopes, the area does not appear to support hydrophitic vegetation or wetland hydrology (no soil pits were excavated for this assessment). There are wetlands that occur outside of the building envelopes, and a determination of a significant nexus was not completed, but based on my assessment there are no wetlands (jurisdictional or otherwise) within building envelopes 1 and 3 and the developed area of Lot 2. Sincerely, Olsson Associates Eric Petterson Senior Biologist | Technical Leader epetterson@olssonassociates.com 760 Horizon Drive, Suite 102 Grand Junction, CO 81506 970.263.7800 1 October 24, 2014 Thomas Zancanella Zancanella & Associates, Inc P.O . Box 1906 1011 Grand A venue Glenwood Springs, CO 80601 FIRE · EMS · RESCUE RE: Vagneur Subdivision Fire Protection, Flying Fish Road Dear Thomas: Thanks for the opportunity to review the Vagneur subdivision proposal. Automatic fire sprinkler systems meeting the NFP A 13D standard are proposed for the new subdivision residences. The systems would be supplied by 1,000-gallon water storage tanks for each of the new residences . The proposal is appropriate for the proposed 3-lot subdivision. Please contact me if you have any questions or if I may be of any assistance. Bill Gavette Deputy Chief Carbondale & Rural Fire Protection District 300 Meadowood Drive• Carbondale, CO 81623 • 970-963-2491Fax970-963-0569 GARFlEU'.>\CClUNTV BUILDING AND SANITATION DEPARTMENT . . . t!ll! Ulh.Stre~I; suite 303 . G.IE!!lllf!'lo<J,.~pritif~;cCQl(!ra\l~ .. 81601 · · · Pl1omii•l30S) 9ii5•82.12 · ,, , , , ,'," '', '<,' ',,; Absorption area {ot dispersal area} cotnpute_d-as-fo_!Jpws:_ This does-not constitute a_ buildihg or use permlt. P.O. Box 1908 1011 Grand Avenue Glenwood Springs, co 81602 ----~---------------~~~ Julie Pratte Land Studio z Z'At4C4t41EUA .41'40 4ssoCIA1ES', 11'4C. EfleCilfleEE~•fleCi c OfleSOt.fAflelS' October 3, 2014 Via email : jjpratte@comcast.net RE: Flying Fish Road Pump Test Report Dear Julie: (970) 945-5700 (970) 945-1253 Fax It is our understanding that the 22 acre Vagneur property is to be subdivided into 3 parcels, which will require Garfield County approval. As part of the county process, an adequate potable water supply needs to be demonstrated. To that end, Samuelson Pump Co . conducted a 4-hour pump test on the Oxenberg well , Permit #33380-F, on August 26, 2014. We have summarized the pump test data below. Water quality samples were collected and shipped to ACZ Laboratories in Steamboat Springs, Colorado for laboratory testing. Well Construction The well is situated in the NE1/4 of the SE1/4 of Section 32, Township 7 South, Range 87 West, 5th P.M. as shown in Figure 1. The well was completed on December 9, 1986 to a total depth of 34 feet by Shelton Drilling Corp. Information about the well construction was obtained from the well completion and test report obtained from the Colorado Division of Water Resources website . The well was drilled with a hole diameter of 7 inches from Oto 34 feet. Steel casing with a diameter of 6 5/8" was installed in the upper 22 feet of the well. Cement grout was emplaced between depths of 5 to 15 feet to prevent surface water infiltration into the well. Steel perforated casing, also with a diameter of 6 5/8", was installed from 22 feet to 34 feet. The geologic log indicates the entire well was drilled within the Roaring Fork River alluvial sands and gravels. Figure 2 presents a detailed well diagram. Pump Test The static water level prior to the pump test was 4.82 feet below the top of the well casing. The pump that was already in the well was used for the test. The pump was set at 20 feet. This setup allowed for a maximum drawdown of approximately 15.18 feet. The pump test began at 10: 16 am on August 26, 2014 and pumping ended at 2: 16 pm on the same day. The test was started at a pumping rate of 15 gallons per minute . After 9 minutes, the pumping rate was increased to 19 gallons per minute . At 14 minutes into the test the flow was opened up to its maximum rate of 22.2 gallons per minute. The well continued to pump at the 22 gallons per minute rate until it was shut off at the 4-hour mark . A total of approximately 5,250 gallons was pumped from the well. Before the test began, a pressure transducer with a data logger was placed in the well. The transducer measured the water level in the well every minute for the duration of the test. The data has been compensated for changes in barometric pressure using a transducer located at the surface near the well. The well was also tested manually using well sounding equipment to verify the electronic data. The water level during and after pumping is shown in Figure 3. A maximum drawdown of 1.94 feet below the top of the casing was achieved after 4 hours of pumping. This pumping level was equal to 11.5% of the total available drawdown. The well was able to sustain the 22 gallon per minute pumping rate as evidenced by the level line of the drawdown graphs, Figures 3 and 4. Recovery was monitored in the well by the transducer after pumping stopped . The monitored recovery period was 24 minutes between 2: 16 pm and 2:40 pm on August 26, 2014. The maximum measured water level during the recovery period was 4.29 feet, or 99.2% of maximum drawdown achieved during the test. The water level during recovery is included as Figure 5. The well recovered normally. We estimate that the well can be pumped at the rate of 22.2 gpm for extended periods, although the maximum pumping rate for the well is limited to 15 gpm by the well's permit and the water court decree (86CW111 ). Water Quality During the pump test, water samples were collected and sent to ACZ Laboratory in Steamboat Springs, Colorado for testing. Final results of those analyses are attached. All of the analytical results are below the applicable Maximum Contaminant Levels (MCLs) as established by U. S. Environmental Protection Agency and the Colorado Department of Public Health and Environment and are considered safe levels for drinking water. At the time of the pump test a sample was also collected to test for the present or absence of coliform bacteria and E. coli. This sample was sent to the Mesa County Regional Laboratory in Grand Junction. The results of this test are also attached. The result indicated that the sample was absent coliform/absent E. coli. Summary and Conclusions The pump test data indicates that the subject well should be adequate to supply the household needs of three single family residences as provided for in the water court decree. A well sharing agreement between all three owners of the subdivided property will be required. A copy of a sample well sharing agreement is attached for your reference. However, we advise that you consult with an attorney for your final well sharing agreement. 2 The well is currently permitted as a fee well and up to 1.1 acre-feet of water can be withdrawn annually for household needs under a Basalt Water Conservancy District contract dated August 31, 1983. The water court decree has already anticipated that the land would be subdivided into three parcels, each having one single family dwelling. Irrigation will be provided by historic irrigation rights from the Basin Ditch and the Bauer Spring, which are appurtenant to the parcel. Water rights for each subdivided parcel will need to be split according to each parcel's historic irrigated acreage. Fire protection in the form of in-building sprinkler systems will be require for new construction. A tank with a capacity of at least 1,000 gallons (600 for fire protection and 400 gallons for domestic use will likely be required at each new residence and access for fire trucks will be required. If you have any questions, please contact our office at (970) 945-5700. Very truly yours , Zancanella & Associates, Inc. Bradley C eek, Geologist -=riMn1 ~ A. Zc,AJ.C/9,QP/.q Thomas Aancanella, PE Attachments z :\2014 jobs\14314 vagneur -flying fish road\pump test data\pump test report .docx 3 ¬«82 Roaring Fork River !. Test Well Permit No. 33380-F 32 33 Copyright:© 2013 National Geographic Society, i-cubed, Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community Oct. 6, 2014 Well Location Map JAW TAZ TAZ 1 POST OFFFICE BOX 1908 - 1011 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81602 (970) 945-5700 CLIENT: DATE: PROJECT: FIGURE No: CHKD BY:DRAWN BY:APPD BY: Vagneur 14314 ZANCANELLA AND ASSOCIATES, INC. ENGINEERING CONSULTANTS Z:\2014 jobs\14314 Vagneur - Flying Fish Road\Vagneur.mxd Map Scale: 1' = 500' 0 500 1,000250 Feet !( !( ")")") ")")") ") ") ")") ") Aspen §¨!70 Basalt ¬«82 GARFIELD EAGLE GARFIELD Silt Snowmass Glenwood Springs MESA PITKIN Gypsum Eagle Aspen ¬«82 Carbondale ¬«131 ¬«133 THIS MAP Regional Map Sec. 32, T7S, R87W ® SCALE: WAYNE & LOIS VAGNEUR OXENBERG WELL #1 PERMIT #33380-F NE ~ SE ~ 2000 FSL, 55 7 FEL SECTION 32 T7S, R87W, 6TH P.M. COMPLETED 8/29/1988 GRDUND~~~~~~~~~~-o LEVEL Rao.ring Fork River AlluvluM - Boulolers Rao.ring Fork River AlluviuM -So.no! &. Gro.vel TOTAL DEPTH 34' OXENBERG WELL WELL DETAIL DATE: SHEET 5 10 15 20 25 30 34 ....,.._ STATIC \./ATER LEVEL 4.17' ~-ON AUGUST 26, 2014 ....,.._.,._.__MAXIMUM DRA\v'DO\v'N DURING PUMP TEST ON AUGUST 26, 2014 = 1.94' I I I I I I I I I I I I I I I I I I I I I I I I I I 5' TD 15' CEMENT GROUT O' TD 34' 7.o· HOLE DIAMETER +1' TD 22' 6a PLAIN STEEL CSG 22' TD 34' 6n' STEEL PERF CASING FIGURE NO. WAYNE & LOIS VAGNEUR NOT TO SCALE AUGUST 28,2014 1 OF 1 ZANCAN£LLA AN./J ASSDC.IAT£S, .INC. 2 DRAWN BY: CHKD BY: APPD BY: PLAN NO. BCP BCP TAZ VagneurWellDetall.dwg £N6.1N££R.1N6 CONSUL TAN TS POST OFFICE BOX 1908 -1011 GRANO AVENUE GLENWOOD SPRINGS, COLORADO 81602 (970) 9-45-5700 PROJECT: 1 431 4 ! 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Z:\2014 jobs\14314 Vagneur - Flying Fish Road\DrinkingWaterLong RawDrinkingLongAnalysis 10/3/2014 DOE-Well Sharing Agmt-1 - 1 - W E L L - S H A R I N G A G R E E M E N T T H I S A G R E E M E N T i s m a d e a n d e n t e r e d t h i s _ _ _ _ _ _ _ d a y o f _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 1 9 9 8 , b y and between John Doe and Jill Doe (hereinafter "Doe") and John Doe II and Jane Doe (hereinafter "Doe II"); W I T N E S S E T H: W H E R E A S , D o e a n d D o e I I a r e t h e o w n e r s o f certain property (hereinafter "Parcel A") located in Garfield County, Colorado, described on the attached Exhibit A; and W H E R E A S , D o e I I i s t h e o w n e r o f c e r t a i n p r o p erty (hereinafter "Parcel B") located Garfield County, Colorado, described on the attached Exhibit B; and W H E R E A S , D o e i s t h e o w n e r o f c e r t a i n p roperty (hereinafter “Parcel C”) located in Garfield County, Colorado, described on the attached Exhibit C; and W H E R E A S , a w a t e r w e l l ( h e r e i n a f t e r " W e l l ") has been constructed on Parcel A, and operates pursuant to Colorado Division of W a t e r R e s o u r c e s W e l l P e r m i t N o . _ _ _ _ _ _ _ , w h i c h provides up to 15 gallons per minute of water for fire protection, ordinary household purposes inside up to 3 single family dwellings, the irrigation of not more than one acre of home gardens and lawns and the watering of domestic animals; and W H E R E A S , t h e o w n e r s o f P a r c e l s A , B a n d C each own an undivided 1/3 interest in the Well, the well permit therefor, the pump and any appurtenant facilities; and W H E R E A S , t h e o w n e r s o f P a r c e l s A , B a n d C each own a non-exclusive easement for water and power conveyance from the Well to the boundary of Parcel A; and W H E R E A S , t h e o w n e r o f P a r c e l C o w n s a non-exclusive easement for water and power conveyance across Parcel B; and W H E R E A S , t h e p a r t i e s b y t h i s A g r e e m e n t d e s ire to set forth their understanding concerning the future ownership, maintenance, operation, repair, replacement, and use of the Well and appurtenant facilities, and related matters. N O W , T H E R E F O R E , f o r a n d i n c o n s i d e r a t ion of the mutual promises and covenants contained herein, the adequacy and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1 . O w n e r s h i p o f A p p u r t e n a n t F a c i l i t i e s . T h e owners of Parcels A, B and C shall each own an undivided one-third interest in and to the Well, well permit, pump, meter, and associated facilities for the withdrawal of water located at the Well. Each party shall be the sole owner of any facilities used solely by that party, including individual service lines and storage tanks. DOE-Well Sharing Agmt-1 - 2 - 3 . O p e r a t i o n , M a i n t e n a n c e a n d R e p a i r C o s t s . All operation, maintenance, replacement and repair costs associated with the Well, the pump, meter and associated facilities for the withdrawal of water from the Well shall be shared equally between the owners of Parcels A, B and C. The owners of Parcels A, B and C shall be solely responsible for the costs of maintenance, operation, repair, and replacement of any facilities used solely by that party, including individual service lines and storage tanks. Said owners agree to cooperate to enter into mutual agreements for the completion and payment of the costs of any maintenance, operation, repair, replacement, or improvement of common facilities. In the event the owners are unable to agree upon any required maintenance, repair, replacement, or improvement, either party shall be entitled to undertake the minimal maintenance, repair, replacement or improvement necessary and essential for proper functioning of the common facilities. In the event one owner determines to undertake such work, it shall notify the other owners in writing. The owner undertaking the work shall upon completion provide the other owners with a written statement of the work performed and the other owners’ proportionate share of the costs. 4 . P a y m e n t o f C o m m o n E x p e n s e s . E a c h o wner shall pay its proportionate share of common expenses within 30 days from the time a statement of expenses is presented for payment. In the event an owner fails to pay its share within 60 days of presentment, interest on the unpaid amount shall accrue at 10 percent per annum, beginning 60 days from presentment. In the event a party fails to pay any amounts due with interest thereon, within six months from the date of presentment for payment, the owner which has paid such costs and expenses shall be entitled to pursue any remedy available at law or in equity for a breach of this Agreement, and shall be entitled to reasonable attorneys' fees actually incurred to obtain and execute upon a judgment for collection. 5 . U s e o f W a t e r . E a c h o w n e r s h a l l b e e ntitled to use water from the Well for any use authorized by the well permit. All such uses shall be made in accordance with the terms and conditions of the well permit. Each owner shall be entitled to use so much of the water from the Well as that party needs so long as diversions from the Well at no time exceed 15 gallons per minute. However, in the event that the well does not provide 15 g.p.m., each owner shall be entitled to a pro-rata share of the available water. 6 . W a s t e . N o o w n e r s h a l l w a s t e w a t e r , and each owner shall exercise prudence and conservation in the use of water in order to allow for the efficient and beneficial use of the Well. 7 . F e e s . E a c h p a r t y s h a l l a l s o b e a r its own attorneys fees incurred in the implementation of this Agreement. However, in the event litigation is necessary to enforce the rights of the parties hereto, as between themselves, the prevailing party in such litigation shall be entitled to reasonable attorneys' fees and costs of suit actually incurred. 8 . B i n d i n g E f f e c t ; C o v e n a n t t o R u n w i t h Land. This Agreement shall inure to the benefit of and be binding upon the owners of Parcels A, B and C, their heirs, devisees, executors, administrators, assignees, transferees, and successors in interest. Upon execution by the parties, this Agreement shall be recorded in the records of the Garfield County Clerk and Recorder's Office, and DOE-Well Sharing Agmt-1 - 3 - shall run with the lands upon which water from the Well is used. 9 . C o m p l e t e A g r e e m e n t . T h i s d o c u m e n t e m b o d i e s t h e e n t i r e a n d c o m p l e t e a g r e e m e n t of the parties on the subject matter herein. No promise or undertaking has been made by any party, and no understanding exists with respect to the transaction contemplated, except as expressly set forth herein. All prior and contemporaneous negotiations and understandings between the parties are integrated and merged into this Agreement. 1 0 . A m e n d m e n t . T h i s A g r e e m e n t m a y b e a m e n d e d f r o m t i m e t o t i m e b y a w r i t t e n instrument executed by all owners of interests in the Well. I N W I T N E S S W H E R E O F t h e p a r t i e s h a v e e xecuted this Agreement on the day and year first written above. J O H N D O E J I L L D O E By ______________________________ By _______________________________ J o h n D o e J i l l D o e STATE OF COLORADO ) ) s s . COUNTY OF GARFIELD ) A c k n o w l e d g e d , s u b s c r i b e d , a n d s w o r n to before me this ____ day of ________________ 1998, by John Doe and Jill Doe. W I T N E S S m y h a n d a n d o f f i c i a l s e a l . M y C o m m i s s i o n e x p i r e s : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ N o t a r y P u b l i c DOE-Well Sharing Agmt-1 - 4 - JOHN DOE II JANE DOE By ______________________________ By _______________________________ J o h n D o e I I J a n e D o e STATE OF COLORADO ) ) s s . COUNTY OF GARFIELD ) A c k n o w l e d g e d , s u b s c r i b e d , a n d s w o r n to before me this ____ day of ________________ 1998, by John Doe II and Jane Doe. W I T N E S S m y h a n d a n d o f f i c i a l s e a l . M y C o m m i s s i o n e x p i r e s : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ N o t a r y P u b l i c WRJ-5· Rev. 76 ·' ~_DLORADO DIVISION OF WATER RESOURCES FILED IN DISTRICT COURT 81f' tennial Bldg., 1313 Sherman St., Denver, Ci o 80203 ' •. WATER OIVl.SJOlil.5, c.ot.ORAOO Application mv;.t. ~ c~ \\/ t. D. PERMIT APPLICATION FORfV! APR 05 938 be complete whe~t:,.. .._. !X.Xl A PERMIT TO USE GROUND WATER applicable. Type or 9 (gSB tx.xl A PERMIT TO CONSTRUCT A WELL print in BLACK \'fJ\R 0 1 FOR: O<><:l A PERMIT TO INSTALL A PUMP INK. Noovermikes ~.afd 28362 F ~rasures unless ~1~ ~ (XXr REPLACEMENT FOR NO.---------- initialed. -· ~ ( )-.OTHER------_,.,..-.....,-,~-=---".-----~ ~ J•WATER COURT CASE NO. 86CW111 (copy attached) L~-uY-d8 2: 3U P (1) APPLICANT -mailing address NAME Robert Oxenberg & Maureen McCluskey c/o Leavenworth & Lochhead, P.C. STREET p. 0. Dl awer 2030 c!TY Glenwood Sorinqs, CO 81602 (State) {Zip) C3o3 r 945·-2261.·~ TELEPHONE NO.------------- (2) LOCATION OF PROPOSED WELL County Garfield NE % of the SE %, Section 32 Twp. 7 ~. Rng. 87 w 6th P.M. IN.Sl IE.WI (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) __ 1_5 ____ _ Average annual amount of ground water • 941 to be appropriated (acre-feet):---------- Number of acres to be irrigated: ____ O ____ _ Proposed total depth (feet) : _____ 4_0 ____ _ Aquifer ground water is to be obtained from: Roaring For~ Ri.ver alluvium Owner's well designation __ Ox_e_n_b_e_r_g_W_e_l_l _N_o_._1 __ GROUND WATER TO BE USED FOR: (XX) HOUSEHOLD USE ONLY· no irrigation (0) ( ) DOMESTIC (1) ( ) INDUSTRIAL (5) ( J LIVESTOCK (21 ( ) IRRIGATION (6) ( ) COMMERCIAL (4) ( l MUNICIPAL (8) ) OTHER (9) _____________ _ FOR OFFICE USE ONLY:LgOfOOT:WAi'r~C4N THIS COLUMN rtWXODB POOll Receipt No. 7J £:.} 16 TTi.. I 6v.DD ----~-n-~-~u-~---o-u-.Uo Basin ----~;-::,~~G~ Dist. _1_1~rJ_n ____ _ . ITH · CONDIT!~ OF3~ROVAL 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. l) APPROVED PURSUANT TO C.R.S. 37-90-137(2) FOR USE OF THE WELL CONSTRUCTED UNDER PERMIT 28362-F {EXPIRED), APPROPRIATING GROUHO WATER TRIBUTARY TO THE ROARING FORK RIVER, AS AH AlTERHATE POINT OF DIVERSION TO THE BASALT CONDUIT OH THE CONDITION THAT THE WELL SHALL BE OPERATED OHLY WHEN A WATER ALLOTHEHT CONTRACT BETWEEN THE WELL OWNER AND THE BASALT WATER CONSERVANCY DISTRICT FOR THE RELEASE OF REPLACEHEHT WATER FROH RUEDI RESERVOIR IS IH EFFECT OR UNDER AH APPROVED PLAN FOR AUGMENTATION. 2) THE HAXIHUH PUHPIHS RATE OF THE WELL SHALL HOT EXCEED 15 6.P.H. 3) THE AVERAGE ANNUAL AMOUNT OF GROUND WATER TO BE APPROPRIATED SHALL NOT EXCEED .941 ACRE-FEET. 4} THE USE OF GROUND WATER FROH THIS WELL IS LIMITED TO HOUSEHOLD PURPOSES (IN-HOUSE ONLYI FOR THREE SINGLE FAHILY DWELLING UNITS, INCLUDING FIRE PROTECTION. ALL USE OF THIS WELL WILL 8£ CURTAILED UNLESS THE WATER ALLOTHENT CONTRACT OR A PLAN FOR AUGMENTATION IS IH EFFECT. 5) A TOTALIZING FLOW HETER HUST BE INSTALLED OH THE WELL AHD HAIHTAINED IH GOOD WORKIH6 ORDER. PERHAHEHT RECORDS OF All DIVERSIONS HUST BE HAitffAIHED BY THE I/ELL OWNER (RECORDED AT LEAST ANNUALLY) AND SUBMITTED TO THE DIVISION ENGIHEER UPON REQUEST. 6) THE WELL SHALL BE LOCATED HO HORE THAN 200 FEET FROH THE . LOCATION SPECIFIED HEREON. 7) THE OHNER SHALL HARr TH£ WELL IH A CONSPICUOUS PLACE -WITil APPROPRIATE WELL PERHIT NUMBERS, NAME OF THE AQUIFER, AND COURT CASE NUMBERS. HE SHALL TA[£ NECESSARY HEAHS AND PRECAUTIONS TO PRESERVE -THESE MARKINGS. 8) ISSUANCE OF THIS PERHIT CANCELS PERHIT NO. 130667. 1\1 ~. '~ . . fj\f·3-18-Fl> O\N~1ER v COs I APPLICATION APPROVED DETAIL THE USE ON BACK IN {11} 033380 -F ~~~~----~~~~----~--~ PERMITNUMBER ____________ _ (4 ) DRILLER DATE rssueo_H~A~R~2_1__.J...-.9 ..... 8 __ 8 _____ _ Shelton Drillin~ Co._ Narne~----------------- Street ___ P_._O_._B_ox_l_0_7_0 _______ _ Citv ____ Ba_s_a_l_t_,_co_~s_1_6_2_1 ___ ~,.........- 1state> (Zip) - Telechone No. 92.7-3893 . 894 Lie. No. _____ _ ~6-) ;HE LOCATION OF THE p · 'POSED WELL and the area on which the water will be used m .,e indicated on the diagram below. Use the CENTER SECTION ( 1 section, 640 acres) tor the well location. (6) T~' '/ELL MUST BE LOCATED BELOW b\ .. ances from section lines. 2,000 South + + + +-+-+-+ + + _____ ft. from ________ sec. line (north or south) I T _j_ I ' 1-o;1 ,-.---1 MILE, 5280 FEET---,-"" I T + + + ..!- I + --+--NORTH SECTION LINE I . +NORTH+ ) " + -~ + I .- + +- + I + --1- ~ :mrr 32 + -~ ~ ~ 2 i ~ O m I I n Gl----4i---+---+---4~ w 0 ti) 2 t; x ,.... ~-_J_ - - -J_ ~ I I - \ T SOUTH SECTION LINE + -+ '". + -·+ --: --+- I I _,_ I The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres . I T + I T + I -,.- + WATER EQUIVALENTS TABLE !Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep · 1 cubic foot per second (cfs) . __ 449 gallons per minute (gpml A family of 5 will reouire approximately 1 acre-foot.of water per year. 1 acre-foot ... 43.560 cubic feet ... 325,900 gallo.ns. 1,000 gpm oumped continuously for .one day produces 4.42 acre-feet. (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(sJ: Applicants .J... l 557 East _____ ft. from ________ sec. line (east or west) LOT ____ BLOCK ___ FILING # __ _ ....... - t~,. • SUBDIVISION_._•·------------f-1--~-..,...~~~~~~---~------- I + {7) TRACT ON WHICH WELL WILL BE . LOCATED Owner: Applicants 22.67 No. of acre_s __________ . Will thi:· be -the only well on this tract? ___ _;_y_e_s ____ _ -+1-----------------(8} PROPOSED CASING PROGRAM l Plain Casing + I -t + er 22 . in. from ____ ft . to ____ ft . ____ in. from ____ ft . to ____ ft. Perforated casing ._6 ...... 5/8 . f 22 f 34 ft ------in. rom ----t. to____ . ____ in. from ____ h. to ____ ft . (9) FOR REPLACEMENT WELLS give distance and direction from old well and plans for plugging i it:' No. of acres: __ ..;;2_2_._6_7 _____ _ Legal description: NE~ SE1-a: Section 32,·T. 7 S., R. 87 W, 6th P.M. (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. In-house use only. Disposal system is a evaporative leach field per County s.pe.ctfi.cati.ons ._ (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right 1/3 c.f.s. and 1/6 interest in the. Patterson C- y Used for (purpose) I rri gati on Cummi.ns Ditch. -. •• ·.! Description of land on which used Same. as 10. ab.ave Use additional" sheets of paper if more space is required . .-. BASALT WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT (Pursuant to C.R.S. 1973, 37-45-131) The undersigned Applicant has applied to the Basalt Water Conservancy District (hc<\reinafter the "District"), a political subdivi.sion of tha State of Colorado, organized pursuant to and existing by virtue of Colorado Revised Statutes, 1973, :.:7-45-101, ~ ~·, for an allotment contract for beneficial use of vater rights 01Jned, leased, or hereafter acquired by the District. By execution of this contract, Applicant hereby agrees to the following terms and conditions: 1. QUANTITY: In consideration of the covenants and conditions herein containet applicant shall be entitled to receive and apply to beneficial use ~~u~~ pl}OX)Geootxk>Odk~~Xliili:1XxD.:i:sxx::i:i::l:X:sx:rli.=:.txfit.max=.~l:X~< and 1.1 acre fee of storage water 01Jned or controlled by the District. 2. SOURCE OF ALLOTTED WATER: Water rights allotted pursuant to this contract ·shall be from the District's water rights decreed to the Basalt Conduit, Landis Canal Stock.man's Ditch Extension or other decrees or water rights hereafter acquired by the District, including the District's contractual right to receive storage water from Ruedi Reservoir. The District shall have the right to designate the water right or Decree of the District from vhich the Applicant's allotted rights shall be obtained. The Applicant's use of any of the District's vater rights shall be subject to any and all terms and conditions imposed by the Water Court on the use of the District's said rights. Exchange releases made from the District's storage rights in Ruedi Reservoit or other works and facilities of the District shall be delivered to the Applicant at the outlet works of said storage facility and release of water at such outlet works shall constitute full performance of the .District's delivery obligation. Delivery of \.later from the District's storage rights in Ruedi Reservoir shall be subject to the District's lease contract with the United States Bureau of Reclamation and any rules and regulations promulgated pursuant thereto. 3. PURPOSE AND LOCATION OF USE: Applicant vill use the waters herein granted for beneficial purposes limited to the augmentation of existing and future wells and other water sources, within or through facilities or upon lands 01JI1ed, operated or served by Applicant, which lands are more fully described on Exhibit "A" attached hereto; provided that the location and purpose of Applicant's use of said water shall be legally recognized and permitted by the applicable governmental authority having jurisdiction over the property served. Applicant's contemplated usage is for the following use or uses: Municipal: Domestic: Agricultural: Industrial:~~~- Other:~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~- Applicant acknowledges that usage of the District's water rights as herein contemplated shall be in lieu of Applicant obtaining or adjudicating, on its own, the right to use certain vaters. Ii: is acknowledged that certain locations within the District may not·be susceptible to service solely by the District's water rights allotted hereunder or the District's said vater rights may not satisfy Applicant's needs and purposes. To the extent that service cannot be achieved by use of the District's allotted water rights, or in the event said service is inadequate, Applicant may, utilize such other water rights, by way of. supplementing the District 1 water rights, or otherwise, as is necessary to assure vater service sufficiently reliable for Applicant's intended purpose or purposes. All lands, facilities and areas served by water rights allotted hereunder shall be situated within the boundrie of the District. The District reserves the exclusive right to review and approve any conditions which may be attached to judicial approval of Applicant's use of the District's water rights allotted hereunder. 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 adjudication necessary to allo~ Applicant's use of such allotted water rights; provided, ho~cvcr, i~ the event any such adjudication involves more of the District's water rights than are allotted pursuant to this contract, Applicant shall bear only a'pro-rata portion of such expenses. Applicant shall be solely responsible for providing works and facilities, if any, necessary to utilize the District's water rights allotted .;creunder for Applicant's beneficial use. Water service provided by the District shall be limited to the amount of water uvaila?le iu priority at the original point of diversion of the District's applic&ble 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 origina.1. point and any alternate point and such estimate shall be deducte 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, but not at the original point of diversion, only as against water rights which are junior to the date of ~pplication for the alternate point of diversicm. 4. PAYMENT: Applicant shall pay annually for the water service described herei at a price to .be fixed annually by the Board of Directors of the District for such service. The initial annual payment shall be made, in full, within 15 days after the date of a notice from the District that the initial payment is due. Said notice will advise the applicant, among other things, of the water delivery year to which the payment shall apply and the price which is applicable to that year. Annual payments for each year thereafter shall be made by the Applicant on or before each March l. I an annual payment is not made by the due date, written notice thereof will be sent by the District to the Applicant at Applicant's address set forth below. If payment is not made within ten (10) days after said written notice, the District may, at its option, elect to terminate all of the Applicants right,.title, or interest under this contract, in which event the water right allotted hereunder may be transferred, lease• or otherwise disposed of by the District at the discretion of its Board of Directo·rs of the District. In the event water d .eliveries hereunder are made in connection with some other person, corporation, quasi-municipal entity, or governmental entity, said person, corporation, quasi-municipal entity, or governmental ~ntity is hereby authorized to curtail water service to Applicant without liability to the District, or said other person or entity in any respect at the sole option and request of the District. Said termination of service may continue as loi;ig as payments contemplated hereunder, together will all past due payments, are in arrears. 5. SECURITY: As security to the District, _the App~icant agrees that the foregoing covenant to make 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 said Applicant. As additional security to the District, the App~icant will hold harmless any person, corpora~ion, quasi-governmental entity, or other governmental entity, for discontinuance in service due to the failure of the Applicant to maintain the payments herein required on a current basis. 6. BENEFIT OF CONTRACT: The water right allotted hereunder shall be beneficially used for the purposes and in the manner specified herein and this contract is for the exclusive benefit of the Applicant and shall not inure to the benefit of any successor, assign, or lessee of said Applicant without the prior written approval of the Board of Directors of the District. 7. OTHER RULES: Applicant's rights under this contract shall be subject to the Water Service Plan as adopted by the District and amended from time to time; provided that such Water Service Plan shall apply uniformly throughout the District among wate1 users receiving the same service from the District. Applicant shall also be bound by the provisions of the Water Conservancy Act of the State of Colorado, the Rules and Regulations of the Board of Directors of the District, the plumbing advisory, water conservation, and staged curtailment regulations,. if any, applicable within the Count} in which the water allotted hereunder is to be used, together with all amendments of and supplements to any of the foregoing. 8. CURTAILMENT OF USE: The water service provided hereunder is expressly subject to the provisions of ~hat certain Stipulation in Case No. 80CW253 on file in the District Court in Water Division No. 5 of the State of Colorado, which Stipulatior provides, in part, for the possible curtailment of out-of-house municipal and domestic water demands upon the occurence of certain events and upon the District giving notice of such curtailment, all as more fully ·set forth in said Stipulation. 9. OPERATION AND K'\INTENANCE f,GREEMENT: Applicant shall enter into an "Operation and Maintenance Agreement" with the District if and when the Board of Directors finds and determines that such an agreement is required by reason of additional or special services requested by the Applicant and provided by the Distric1 or by reason of the delivery or use of water by the Applicant for more than one of 0 th1 classes of service which are defined in the Rules and Regulations of the Board of Directors of said District. Said agreement may contain, but not be limited to, provision for water delivery at times or by means not provided within the terms of standard allotment contracts of the District and additional annual monetary consideration for extension of District 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 .• 2 I ) ) iO. CHANGE V•· USE: The District reserves the exclusive right to review and approve or disapprove any proposed change in use of the water right allotted hereunder. Any use other than that set forth herein or any lease or sale of the wate er water rights allotted hereunder without the prior written approv~l of the District shall be deemed to be a material breach of this contract. 11. PRIOR RESOLUTION: The ~>i.l Lcr ~-crvicu provided hereunder l.S expressly subj a~ to that certain Resolution passed by the Board of Directors of the District on September 25, 1979, as the same exists upon the date of this application and allotma~ contract. 12. NO FEE TITLE: It is understood and agreed that nothing herein shall give the Applicant any equitable or legal fee title interest or ownership in or t .o any of the water or water rights of the District, but that Applicant is entitled to the righ to use the water right al.lotted hereunder, subject to the limitations, obligations an conditions of this contract. 13. CONSERVATION PRACTICES: Applicant shall implement and use commonly accepte conservation practices with respect to the water and water rights allotted hereunder and shall be bound by any conservation plan hereafter adopted by the District, as the same may be amended from time to time. APPLICANT(S): Print or type name Print or type name Si tu re Address: ·Address: STATE OF COLORADO ) 0 ) ss. COUNTY OF )'.j0 b.~ ,.·.ce ) Subscribed and sworn to before me this _ __,3,.._;..i_~ ___ day of_:~' 19&$, by t\.a 1He!l& KC.C\1r 1;,.Re,, sl Rdo...._7= Ol~{ I Witness my hand and official seal. My commission expires: s: ' /9<!'0 Notary Public tf.-.2 JI <!a> o,,u..e. :::io I Address .d.Qll M 1 1 H}-c--0 lrkl G .ff (,,c/ 3 I ) -: ) EXHIBIT "A" TO WATER ALLOTMENT CONTRACT BETWEEN BAS/. T WATER GONSEJ\VAfiCY UlSl'.KlCT AND ROB~kT OXENBERG AND MAUREEN MCCLUSKEY Property Description: NE!t; of SE!t;, Section 32, To'Wilship 7 South, Range 87 West of the 6th Principal Meridian, Garfield County, Colorado. ORDER FOR APPLICATION Application having made by or on behalf of all parties interested in the foregoing Water Allotment Contract and hearing on said applica- tion having been duly held, it is hereby ordered that said application be granted and that the foregoing Water Allotment Contract for xxxxxxxxx ~~~X!j;~~ttli.x~Sxwirnli~x:i~~iaxlt~'!.~'t~~x~~Y!s< arnk 1.1 acre feet of water per year is hereby approved and eJ(ecu- ted by and on behalf of the Basalt Water Conservancy District, for the beneficial use of the water allotted in the foregoing Contract, upon the terms, ·conditions and manner of payment as therein specified and subject to the following specific conditions: 1. Any allotment of less than 1 acre foot of storage water in paragraph 1 of the foregoing and attached Contract shall be deemed l acre foot for p~rposes of establishing the annual water service charge for such water allotment. BASALT WATER CONSERVANCY DISTRICT .,,~74 I hereby certify that the above ORDER was. entered by the Directors of the Basalt Water Conservancy District on the ~day of c._._,_.~ 198_I. J ATTEST: Sec'retary DISTRICT COURT, WATER DIVISION NO. 5, COLORADO Case No. 86CW111 RULING OF THE REFEREE CONCERNING THE APPLICATION FOR WATER RIGHTS OF: ROBERT OXENBERG and MAUREEN McCLUSKEY, in Garfield County, Colorado The above-entitled Application was filed on April 30, 1986, and referred to the Wateiz-Referee fo:ir Water Division No. 5, State of Colorado, by the Water Judge of said Court, on May 16, 1986, in accordance with the provisions of Article 92 of Chapter 37, Colorado Revised Statutes, 1973, known as the Wate:ir Rights Determination and Administration Act of 1969. The undel!signed 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 irespect to the subject matter in the Application, does hereby make the following deteirmination and :ruling as the Refe:r-ee in this matter to-wit: 1. The statements in the Application are true. 2. The name and addlress of Applicants al!e Robe:irt Oxenbelrg and Maureen McCluskey, c/o Leavenworth, Lochhead & Milwid, P.C., 1011 Grand Avenue, P. o. Drawer 2030, Glenwood Springs, Colorado 81602. 3. Timely and adequate notice of the filing of this Application was given as required by law. 4. The undeirg1rnund wateE right set forth below has been applied foE by the Applicant and is to be augmented pursuant to the terms of this Decree: Oxenberg Well No. 1 is located in the Northeast l/4 ·of the Southeast 1/4 of Section 32, Township 7 South, Range 87 West of the 6th P.M., 2000 feet from the South section line and 557 feet from the East section line, for 15 gallons· per minute,. conditional, fol! household pu1!poses (in-house only} for th:t!ee single-family dwelling units, includinq fire pirotection. The appro- priation date is NovembeE 9, 1984. Said appropriation was initiated by field inspection and an application for well pe:t!mit. This well has been issued Well PeEmit No. 28362-F. -1- 5. Previous decree for water rights to be used for augmen- tation: Up to 1.1 acre-fee.t of water secul!ed from the Basalt water Conservancy Distl! ict' s water allotment contract with the Bureau of Reclamation for Ruedi Reservoir water. Ruedi ReservoiE is an on-channel reseirvoiir located in the Northwest 1/4 of the NoEtheast 1/4 of Section 18, Township 8 South, Range 84 West of the 6th P.M. Ruedi Reservoir was originally decreed for 140,697.3 acre-feet in Civil Action No. 4613, Garfield County District Court on June 20, 1958, with an approp1dation date of July 29, 1957, folr hydEo-electEic powel? generation, irrigation, municipal, domestic, industrial, piscatorial, and stock watering uses. Subsequently, in Case No. W-789-76, Water Division No. 5, the amount of water dec:ireed to Ruedi Reservoil? was reduced flrom 140,697.3 acre-feet to 101,369 acre-feet. 6. Statement of plan for augmentation: The Applicants are the owners of . approximately 22 ac:ires of land adjacent to the Roaring Fork River generally located in the Northeast 1/4 of the Southeast 1/4 of Section 32, Township 7 South, Range 87 West of the 6th P.M. The Applicants intend to subdivide the plfoper-ty into thEee pal?cels. I1ndga tion wil 1 occur with the histoidc i:indgation rights owned by the Applicants that aEe appuEtenant to the paJZ"cel. The household needs of each parcel will be served by the Oxenberg Well No. 1 (PeEmit No. 28362-F) which will be augmented with watel! from Ruedi Reseizvoil!. Pu:irsuant to a contract with the Basalt WateE Conservancy Dist??ict dated August 31, 1983, the Applicants have the Eight to utilize 1.1 acJZ"e-feet fJZ"om Ruedi ReservoiE. Each of the thJZ"ee parcels will have one single-family unit with an assumed demand of 3.5 people per unit at 80 gallons peE capita pe:ir day (in-house usage only). The Applicants anticipate that evapotEanspiEation wastewater disposal systems will be utilized. The Applicants' consulting hydirologists have deteEmined that the total demand and consump- tive use foE the in-house 1".'equirements wil 1 be 0. 941 acEe-feet per year. TJZ"ansit losses between the outlet of Ruedi Reseizvoir and the point of depletion aJZ"e estimated to be 10 percent of the potential annual augmentation requirement OE approximately 0.094 acEe-feet pel? year. TheJZ"efoEe, the Applicants' 1.1 acJZ"e-feet of water available fJZ"om Ruedi Reservoir will be sufficient to coveJZ" depletions JZ"esulting from the in-house needs of the three :iresi- dences. When the wateir right decEeed to the OxenbeEg Well No. 1 is out of pEiOlrity, releases will be made at the request o f the Division Engineer f:irom Ruedi Reseizvoiir in accoEdance with the following schedule: -2 - Month Januauy Feb:iruaI?y March April May June Reservoir Release {A. F.) 0.080 0.072 0.080 0.077 0.080 0.077 TOTAL RESERVOIR RELEASE TRANSIT LOSS TOTAL AUGMENTATION REQUIREMENT Month July August Septembe:ir October NovembeE December 0.941 A.F. 0.094 A.F. 1.035 A.F. Reseirvoie Release {A. F.) 0.080 0.080 0.077 0.080 0.077 0.080 7. Applicant will install, operate, and maintain all such adequate measuring devices on the Oxenberg Well No. 1 desciribed in Pal?agiraph 4 as may be 1requiEed by the Division Engineel! to facilitate the administration of this plan and to assure compliance he:irewith. 8. If the plan foE augmentation is opeuated and admini- s tel!ed in accoEdance with this dec:Eee, wate.ir wil 1 be available fo:ir diversion th:Eough the Oxenberg Well No. 1 desciribed in Paragraph 4, above, without changing the :iregimen of the Roaring Fo:irk Riveir so as to cause mate1dal inju.?ry to other owne:irs OE useEs of vested water rights or decEeed conditional water Eights. 9. The p:Eoposed plan folr augmentation meets the statuto1Z'y c:iriteria fo:ir a plan fo:E augmentation set fo:Eth in C.R.S. 1973, §37-92-103{9), -302{1), and -303(8), as one contemplated by law and, if operated in accordance with the temns and co_nditions of this Ruling, will not injuriously affect the owner of or persons entitled to use wateE undeir a vested water right or dec:ireed con- ditional water right. The Referee does, theEefoEe, conclude that the application fo:ir undergiround wateir irights foir _the OxenbeEg Well No. 1 is hereby approved for 15 gallons per minute conditional for domestic in-house pulrposes for three single-family dwelling units with an appropiriation date of Novembel2' 9, 1984, at the location and from the source listed above; subject, however, to all ea:irlielt pirioEity dates of otheEs to the integ:iration and tabulation by the Division Engineer of such priorities in accor- dance with law. Application for a quadrennial finding of reasonable di! i- gence shall be filed in ~c.e--.6~~--of 1990 and in j)e.<...c.-...!:.'=-~-of every fou:irth calendar yeal! theJ:reaf teir so long as the Applicant desires to maintain this conditional wateJ:r 2right o:ir until a determination has been made that this conditional water right has become an absolute wate:ir right by ireason of completion of the appropriation. -3 - The application foE plan foir augmentation contained helrein is hereby approved and operation thereof shall be conducted in a manneir puirsuant with the terms and conditions of this Ruling. It is acco:irdingly Ol!de.ired that this Ruling shall be filed with the Water Cleirk subject to judicial review. It is fu:irthel:! Ol!del!ed that this Ruling shall be filed with the appl!Opriate Division Engineel:! and State Engineeir. Dated this o?? day of .i2.e.."-~~-' 1986. Wateir Refe:iree Water Division No. 5 State of Colo:irado No protest was filed to this Ruling of the Refeltee. The fo:iregoing Ruling is conf iltmed and appiroved and is made the judgment and declree of this Couirt; subject, howevel.!, to :irecon- s ideJ:tation on the issue of injuJTy to vested watelf Eights for a period of two yearrs commencing f:irnm the date of fiirst opelZ'ation of the plan folZ' augmentation p:irovided fol! by this decEee, and in making such dete:itmination the Cout:t has cons ide?red the natuire and sou:irce of the augmentation wateir and the quantity of uses to be augmented. . . 2 Dated this d~ day of Ja.c,._.._,~ , 198o/. I I (~~,,,.,,. _ ___,,_ __ .-_____ _ -4- , -,.I ., ( ( '·1 DIS';fRICT COURT, WATER DIVISION NO. 5, COLORADO Case No. 90CW251 RULING OF THE REFEREE IN THE MATIER OF THE APPLICATION FOR WATER RIGHTS OF: WAYNE AND LOIS V AGNEUR, in Garfield County, Colorado The above-entitled application was filed on or about November 15, 1990, and was referred to the undersigned as Water Referee for Water Division No: 5, State of Colorado, by the Water Judge of said Court in accordance with Article 92 of Chapter 37, Colorado Revised Statutes, 1973, known as the Water Right Determination and Administration Act of 1969. 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 in 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. The name of the structure is Bauer Spring. 3. The name and address of the Applicants is Wayne and Lois Vagneur, Box 28267, El Jebel, Colorado 81628. 4. A Statement of Opposition was timely filed in this matter by Michael H. Palmer. A Stipulation was entered into between the Applicant and the Objector; Michael H. Palmer, and filed in this Case, whereby tlie Objector consents to the entry of Hus Ruling of the Referee containing the following conditions: A. The Vagneurs filed a timely Statement of Opposition to Palmer's application in Case No. 90CW274. Palmer filed a timely Statement of Opposition to the Vagneurs' applications in Case Nos. 90CW343, 90CW344, and 90CW251. B. The parties hereby agree to the withdrawal of the Statements of Opposition filed by the parties in the cases set forth in Paragraph 4(A), above. C:\FlLES\VAGNEURA.lRU May 22, 1992 .. .... :·· ·-. Case No. 90CW251 Page 2 ( ( · C. Vagneurs hereby agree to withdraw any claims for uses other than fire protection and stock watering purposes in Case No. 90CW251. 5. The source of the water is the Roaring Fork Alluvium. 6. The Bauer Spring is located in the Northeast 1/4 of the Southeast 1/4 of Section 32, Township 7 South, Range 87 West of the 6th P.M. at a point whence the Southeast 1/4 of Section 33, said _Township and Range, bears South 70°17'23" East 6,918 feet. 7. The date of initiation of appropriation is 1900, as claimed in the application. 8. The amount of water claimed in 0.5 c.f.s., absolute. 9. The Referee does, therefore, conclude that the above-entitled application should be granted, and that 0.5 c.f.s. with an appropriation date of 1900, is hereby awarded absolute to the Bauer Spring for fire protection and stock watering purposes; SUBJECT, HOWEVER, to all earlier priority rights of others and to the integration and tabulation by the Division Engineer of such priorities and changes of rights in accordance with law. - 10. The Applicant shall be responsible to install a measuring device as reasonably deemed necessary and appropriate by the Division Engineer of Water Division No. 5. 11. It is accordingly ORDERED that this Ruling shall be filed with the Water Clerk subject to judicial review. 12. It is further ORDERED that a copy of this Ruling of the Referee shall be filed with the appropriate Division Engineer and State Engineer. Dated this e17 z.;f day of n7 , 1992. C:\FILES\V AGNEURA.JRU May 22, 1992 -2- BY THE REFEREE: Water Referee Water Division No. 5 State of Colorado Case No . 91CW251 Page 3 No protest was filed in this matter. The foregoing Ruling of the Referee is confirmed and approved, and is made the Judgment and Decree of this Court. C:\f!LES\V AGNEURA.1 RU May 22, 1992 · Water Judge -3- _ ... ~ ! ~ flt ! ~ -....._ ' .. -.._. '·~ ... - DAlE REBAR & CAP L., f1 ae9e r (TIP.) 3Ct ACCESS EASEME REC. NO. 348847 BUILDING ENVELOPE REBAR .&c CJ.P •• S. f19e98 FNO. 5 GPM DOLE FLOW CONTROL VALVE CURB STOP 3/4" BALL FLOAT VALVE 1000 GALLON TANK BY OWNER L _______ _J IN EACH PROPOSE7 RESIDENCE TANK SIZE BASED ON: FIRE: TWO 15 GPM SPRINKLER HEADS FOR 20 MINUTES= 600 GALLONS DOMESTIC: 400 GALLONS DOMESTIC STORAGE IRRIGATION: RAW WATER FROM SPRING AND DITCH WATER SYSTEM VAGNEUR SCALE: I DA lE: I SHEET: t----+---+--------------+---+--+-----< NTS NOV. 11, 2014 1OF1 DRAWN BY: I CHKD BY: l"PPD BY: I DRAWING: t----t----+--------------+--+--t----t BCP lPB TAZ -S)lltem.dwg FIGURE NO. 1 : 14314 METAL DRIP EDGE 110'-o 5/8" --~ T.O.P ·3/8" AC PLYWOOD SOFFIT WITH SCREEN VENTS AS REQD. u... 1mr~11Y~ rxr~rruiGr!;JI 11 11 11 111 T.o.P $-108' LEFT SIDE ELEVATION SCALE: 1 /2" = 1'-0" 5/8" "PLYWOOD SIDING" CEDAR BOARD 5•.!5• ,. x 4" .CEDAR TRIM ~~ v" v Z FLASH ALL HORIZONTAL JOINTS ~ D 3068 INSULATED DOOR FRONT ELEVATION SCALE: 1/2" = 1'-0" PUMP HOUSE HEATER PUMPS INC. PART 7150 500 WATTS 120 VOLTS 1707 BTU ,.------+--+---4" FLOOR DRAIN l'tlTH TRAP DRAIN TO DAYLIGHT ANY DIRECTION - 2" x 6" STUDS C 16' O.C. A_J PIPING DETAIL SCALE: 1~ = 1'-0" v l • x 4" .CEDAR TRIM 2" SCREEN VENT FULL LENGTH OF BUILDING 0 ® ® ® © ® ® ® CD 0 2" -90" ELL SCHEDULE 80 PVC 2" 1EE SCHEDULE 80 PVC 2 x 3/4" REDUCER BUSHING SCHEDULE 80 PVC 2"x 1" REDUCER BUSHING SCHEDULE 80 PVC 2" CAP SCHEDULE 80 PVC 1" TOTALING FLOW METER 3/4" HOSE llB ADAPlER PRESSURE S"illTCH 2" BALL VAL Vf. SCHEDULE 80 PVC 2" UNION PVC 4" CONCRETE SLAB W/ 6x6/10-10 TN.WM. 1/2" EXPANSION JOINT 2" x 6" TREATED PLATE W/ 1/2" ANCHOR BOLTS @ 4'-0"-0.C. NOTES: .wALl..S.;. 5/8" CEDAR BOARD "PLYWOOD SIDING" TYVEK YIRAP 2"x6" STUDS 0 16" O.C., R-19 6" INSULATION, 1/2" WATER ROCK, TAPED AND PAINTED OFF WHITE BLOCK C 8' FOR SIDING RllO.E;.. #235 ASPHALT SHINGLES OR DARK BROl'!N PRO PANEL 5/8" COX PLYWOOD SHEA THING 2"X8" DOUG FIR RAFTERS c 24" o.c .. R-19 6" FIBERGLASS BATI INSULATION, 1 /2" WATER ROCK CEILING FOUNDATim 1 /2" X 6" ANCHOR BOLTS 1111 4' O.C. REBAR AS NOTED ALL FOOTERS TO REST ON UNDISTURBED SOIL ALL CONC. TO BE 3000 PSI l'tlTHIN 28 DAYS 2" x 8" DOUG FIR RAFTERS @ 24" O.C. BLOCKING FOR EXTERIOR PLYWOOD SIDING @ 8' 1 /2" WAFER BOARD H---+---------<I·····~---------.,__ ... 108' T.O.P$ ~ 4!h I~ I s1QQ' -------~IL__-~t::!:::~ F w ri ij :iHi ·"'"*''''"~' '~ T.O.E DATE RE'olSIDN z s ,. '""' """ ,,,, I ,, I FROM CROSS SECTION A-A SCALE: 3/4" = 1'-0" WELL WELL HOUSE DESIGN VAGNEUR f-~~~~+-~~~~~~~~~~~+-~f-~f----lSCALE: AS NOTED DAlE: I SHEET N°""mber 7, 2014 1 OF 1 PLAN NO. ... Hou•.dll<J 1----+------i-----------+-----i,__-+---< DAA~ BY: I CHKD BY: I APPD BY: BCP BCP TAZ POST DFACE BOX 1908 -1011 ~AND A\Ul.IE '1.ENWOOO 91Rt10S. COLORADO 81802. (970) 943--!5700 SHEET NO. 2 PROJECT: 14314 1 VAGNEUR MINOR SUBDIVISION IMPROVEMENTS AGREEMENT THIS IMPROVEMENTS AGREEMENT, (“Agreement”) is made and entered into this _____ day of ___________, 201__ by and between WAYNE E. AND LOIS M. VAGNEUR, having an address of 60 Flying Fish Road, Carbondale, CO 81623 and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, acting for the County of Garfield, State of Colorado, as a body politic and corporate, directly or through its authorized representatives and agents (“BOCC”). WHEREAS: A. Wayne E. and Lois M. Vagneur are the owners of property and a development to be commonly known as the Vagneur Minor Subdivision (the “Development”); B. The Development is depicted on a plat entitled Vagneur Minor Subdivision Plat (“Plat”); C. The plan for the Development, as depicted on the Plat, includes, three (3) single-family residential lots identified as Lots 1-3 on the Plat; D. Wayne E. and Lois M. Vagneur are the current owners of Lots 1-3 (“Owners”); E. The Owners have agreed to certain restrictions and conditions regarding the sale of certain properties and issuance of certain building permits to secure and guarantee Owners’ performance under this Agreement; F. The Owners seek approval by the BOCC of the Development plan and Plat pursuant to the Land Use Regulations of Garfield County; G. The Owners represent that at the time of recording this Agreement all taxes and assessments upon all parcels of real estate described in this Agreement are paid in full. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. DEVELOPMENT PLAN. The Development shall consist of three single-family residential lots, identified as Lots 1-3 on the Plat (collectively, “Lots”). 2 2. IMPROVEMENTS. The Owners agree to cause to be constructed and installed all development improvements (“Improvements”). No such Improvements shall be constructed until such time as they are identified on the plans marked “Approved for Construction”, prepared by a qualified engineer and a grading permit submitted to Garfield County for approval prior to commencing any work on the Improvements. Lots 1, 2 and 3 shall not be sold until the Improvements are constructed and installed to the satisfaction of the County. The Improvements shall be constructed and installed at the Owners’ expense, including payment of fees required by the County and/or other governmental and quasi-governmental entities with jurisdiction. An estimate for the cost of construction of the Improvements prepared by High Country Engineering and Zancanella and Associates has been attached to and incorporated herein as Exhibit A (“Development Improvements Estimated Cost of Construction”). The Owners shall comply with all laws, regulations, orders, resolutions and requirements of the State of Colorado, Garfield County, all special districts and any other governmental or quasi-governmental authority with jurisdiction and this Agreement in the construction and installation of the Improvements. The BOCC agrees that if all Improvements are installed in accordance with this Agreement and all other requirements of this Agreement have been met; then the Owners shall be deemed to have satisfied all terms and conditions of the Approval and the Plat Documents with respect to the installation of Improvements. 3. SECURITY FOR SUBDIVISION IMPROVEMENTS. 1. Subdivision Improvements Letter of Credit and Substitute Collateral. As security for Owner’s obligation to complete the Subdivision Improvements, Owner shall deliver to the BOCC, on or before the date of recording of the Final Plat of the Subdivision, a Letter of Credit in the form agreed to be acceptable to the BOCC, attached to and incorporated in this Subdivision Improvement Agreement by reference as Exhibit B (LOC) or in a form consistent with the Uniform Commercial Code, C.R.S. § 4-1-101, et seq. and approved by the BOCC. The LOC shall be in the amount of $( full estimate ), representing the full estimated cost of completing the Subdivision Improvements, with a sufficient contingency to cover cost changes, unforeseen costs and other variables (not less than 10% of the estimated cost and as approved by the BOCC), [minus $( cost of completed improvements ), the cost of Subdivision Improvements already completed as of the date of execution of this Subdivision Improvement Agreement, i.e. $( reduced amount )], as set forth and certified by Owner’s Engineer on Exhibit , to guarantee completion of the Subdivision Improvements. The LOC shall be valid for a minimum of six (6) months beyond the Completion Date for the Subdivision 3 Improvements set forth above. The BOCC, at its sole option, may permit the Owner to substitute collateral other than a Letter of Credit, in a form acceptable to the BOCC, for the purpose of securing the completion of the Subdivision Improvements. 2. Final Release of Security. Upon completion of all Subdivision Improvements, Owner shall submit to the BOCC, through the Community Development Department: 1) record drawings bearing the stamp of Owner’s Engineer certifying that all Subdivision Improvements have been constructed in accordance with the requirements of this Subdivision Improvement Agreement, including all Final Plat Documents and the Preliminary Plan Approval, in hard copy and digital format acceptable to the BOCC; 2) copies of instruments conveying real property and other interests which Owner is obligated to convey to the Homeowner’s Association of the Subdivision at the time of Final Plat Approval; and 3) a Written Request for Final Release of LOC, along with Owner’s Engineer’s stamp and certificate of final completion of improvements. a. The BOCC shall authorize a final release of the LOC after the Subdivision Improvements are certified as final to the BOCC by the Owner’s Engineer and said final certification is approved by the BOCC. If the BOCC finds that the Subdivision Improvements are complete, in accordance with the relevant specifications, the BOCC shall authorize release of the final amount of security, within ten (10) business days following submission of the Owner’s Written Request for Final Release of LOC accompanied by the other documents required by this paragraph 3.h. b. Notwithstanding the foregoing, upon Owner’s Written Request for Final Release of LOC, accompanied by Owner’s Engineer’s certificate of final completion of improvements, the BOCC may inspect and review the Subdivision Improvements certified as complete. If the BOCC does so review and inspect, the process contained above, shall be followed. c. If the BOCC finds that the Subdivision Improvements are complete, in accordance with the relevant specifications, the BOCC shall authorize final release of security within ten (10) days after completion of such investigation. d. If the BOCC finds that the Subdivision Improvements are not complete, in accordance with the relevant specifications, the BOCC may complete remaining Subdivision Improvements, or institute court action in 4 accordance with the process outlined above. 4. WATER SUPPLY. The Owners shall install and connect a water distribution system for potable water in accordance with this Agreement and the Improvements Plans dated ____________, 201__ by __________ Engineering and that are on record at the Department of Building and Planning. All easements and rights-of- way necessary for installation, operation, service and maintenance of such water supply and distribution system shall be as shown on the Plat, and said easements and rights-of- way conveyed to the appropriate homeowners’ association at the time of recording the Plat. 5. PRIVATE ROADS AND ACCESS FOR EMERGENCY SERVICE PROVIDERS. The grantee homeowners’ association shall be solely responsible for the maintenance, repair and upkeep of said private access easements, including the traveled surface of the roadways and areas outside of the traveled surface. The BOCC shall not be obligated to maintain private road rights-of-way within the Development. Existence of private roads shall be noted on the Plat, and deeds of conveyance to the appropriate homeowners’ association shall be made at the time of recording of the Exemption Plat. 6. UTILITY EASEMENTS. Whether or not utility easements exist elsewhere in the Development, all private road easements within the Development shall contain rights-of-way for installation and maintenance of utilities. Utility easements shall be dedicated by the Owner and accepted by the appropriate homeowners’ association of the Development, on behalf of the association’s members, on the face of the Plat and shall be identified in deeds conveying private roads to the appropriate homeowners’ association. The grantee homeowners’ association of the Development shall be solely responsible for the maintenance, repair and upkeep of said utility easements, unless otherwise agreed to with the utility companies. The BOCC shall not be obligated for the maintenance, repair and upkeep of any utility easements within the Development. In the event a utility company, whether publicly or privately owned, requires separate conveyance by deed or otherwise, the Owners shall also convey utility easements by separate document to be recorded with the Plat. 7. CONVEYANCE OF WATER SUPPLY SYSTEM. The water supply system shall be conveyed to the homeowners’ association. It is the express, stated intention of the parties that the water distribution system facilities for Lots 1, 2, and 3 shall be conveyed to the Homeowners Association following construction, inspection and acceptance by the Homeowners Association. For purposes of this paragraph, water distribution system facilities includes all wells, water lines, storage tanks, pumps, valves and appurtenant equipment associated with delivering domestic water supplies to the residences located on such lots from Oxenberg Well No. 1, Well Permit #33380-F by the Colorado Division of Water Resources. At the time of recording of the Final Plat the Owners shall execute and deliver into escrow documents conveying easements for the water supply, the private roads, and 5 utilities shown on the Plat to the homeowners’ association (collectively, the “Easement Deeds”), The Easement Deeds shall be deposited into escrow, pursuant to an escrow agreement to be executed by the Owners, the BOCC and escrow agent (“Escrow Agreement”) within a reasonable time following mutual execution of this Agreement. The Owners shall deliver to the BOCC a copy of the fully executed Escrow Agreement, within a reasonable time following mutual execution of this Agreement, but need not record such instrument. The Escrow Agreement shall provide: 1) the Escrow Agent shall hold the Easement Deeds until receipt of a written notice signed only by the Owners notifying escrow agent that the work required of the Owners in this Agreement has been completed and approved as complete by the BOCC; and 2) upon the occurrence of the foregoing event, the escrow agent shall cause the appropriate Easement Deeds to be recorded in the records of the Garfield County Clerk and Recorder. 9. AS BUILT/RECORD DRAWINGS. Upon completion of private road and water supply infrastructure, the Owners shall provide as built/record drawings to Garfield County in hardcopy and digital format prepared by a licensed surveyor. 10. FEES IN LIEU OF DEDICATION OF SCHOOL LAND. Owners of Lot 1 and 3 shall make a cash deposit at the time of building permit application in lieu of dedicating land to the RE-1 School District in accordance with the provisions of Section 7-405 D, Payment In Lieu of Dedication of Public Sites, set forth in the Garfield County Unified Land Use Resolution of 2008, as amended. Said fee shall be transferred by the BOCC to the school district in accordance with the provisions of Section 30-28-133, C.R.S., as amended, and the Garfield County Unified Land Use Resolution of 2008. The Owners of Lot 1 and 3 agree that it is obligated to pay the above-stated fee, accepts such obligations, and waives any claim that Owner is not required to pay the cash in lieu of land dedication fee. The Owner agrees that Owner will not claim, nor is Owner entitled to claim, subsequent to recording of the Final Plat of the Subdivision, a reimbursement of the fee in lieu of land dedication to the RE-1 School District. 10. INDEMNITY. The Owners shall indemnify and hold the BOCC harmless and defend the BOCC from all claims which may arise as a result of the Development’s installation of the Improvements and any other agreement or obligation of the Owners related to the Development required pursuant to this Agreement. The Owners, however, do not indemnify the BOCC for claims made asserting that the standards imposed by the BOCC are improper or the cause of the injury asserted, or from claims which may arise from the negligent acts or omissions of the BOCC or its employees. The BOCC shall be required to notify the Owners of the BOCC’s receipt of a notice of claim or a notice of intent to sue, and the BOCC shall afford the Owners the option of defending any such 6 claim or action. Failure to notify and provide such written option to the Owners shall extinguish the BOCC’s rights under this paragraph. Nothing in this paragraph shall be construed to constitute a waiver of the Sovereign Immunity granted to the BOCC by Colorado statutes and case law. 11. SALE OF LOTS. No Lot may be separately conveyed prior to recording of the Final Plat in the records of the Garfield County Clerk and Recorder 12. ENFORCEMENT. In addition to any rights which may be provided by Colorado statute and the provisions for release of security, it is mutually agreed by the BOCC and the Owners without making an election of remedies, or any purchaser of any lot within the Development shall have the authority to bring an action in the Garfield County District Court to compel enforcement of this Agreement. Nothing in this Agreement, however, shall be interpreted to require the BOCC to bring an action for enforcement or to withhold permits or certificates. Nor shall this paragraph or any other provision of this Agreement be interpreted to permit the purchaser of a lot to file an action against the BOCC. 13. VACATING THE PLAT. In the event the Owners fail to comply with the terms of this Agreement, the BOCC shall have the ability to vacate the Plat. 14. NOTICE BY RECORDATION. This Agreement shall be recorded in the Office of the Garfield County Clerk and Recorder and shall be a covenant running with title to all lots, tracts, and parcels within the Development. Such recording shall constitute notice to prospective purchasers or other interested parties as to the terms and provisions thereof. 15. SUCCESSORS AND ASSIGNS. The obligations and rights contained herein shall be binding upon and inure to the benefit of the successors and assigns of the Owners and the BOCC. 16. IDENTIFICATION OF CONTRACT ADMINISTRATORS AND NOTICE PROVISIONS. All notices required or permitted by this Agreement shall be in writing and shall be deemed effective when received by the recipient party via personal or messenger service delivery, facsimile transmission or United States certified mail (postage prepaid, return receipt requested), in all cases addressed to the person for whom it is intended at the address or facsimile number set forth below: OWNERS: Wayne E. and Lois M. Vagneur 60 Flying Fish Road Carbondale, Colorado, 81623 7 BOCC: Board of County Commissioners of Garfield County, Colorado c/o Fred Jarman, Planning Director 108 Eighth Street, Room 401 Glenwood Springs, CO 81601 Phone: (970) 945-8212 Fax: (970) 384-3470 17. AMENDMENT. This Agreement may be modified from time to time, but only in writing signed by the parties hereto, as their interests then appear. The parties, however, may change the identification of notice recipients and contract administrators and the contact information, provided in Paragraph 16 above, in accordance with the notice provisions and without formal amendment of this Agreement. 18. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which, when taken together, shall be deemed one and the same instrument. 19. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of or related to this Agreement shall lie with the District Court of Garfield County, Colorado, and this Agreement shall be construed according to the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have signed this Agreement to be effective upon the date of recordation of this agreement and the Final Plat for the Development. BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO ATTEST: ________________________ By: ______________________________ Clerk to the Board Chairman Date: _____________________________ 8 SIGNATURE AND ACKNOWLEDGEMENT PAGE TO IMPROVEMENTS AGREEMENT Wayne E. and Lois M. Vagneur By: ______________________________ Date: _____________________________ STATE OF COLORADO ) ) ss COUNTY OF Garfield County ) Subscribed and sworn to before me by _________________________________, as ____________ this ______ day of ______________, 201__. WITNESS my hand and official seal. My commission expires: ________________________________________ Notary Public 9 IMPROVEMENT AGREEMENT EXHIBITS The following Exhibits are attached hereto and made a part of this Development Agreement: Exhibit A - Development Improvements Estimated Cost of Construction Exhibit B - Letter of Credit 10 Exhibit A – Development Improvements Estimated Cost of Construction 11 Exhibit A – Development Improvements Estimated Cost of Construction 12 Exhibit B - Letter of Credit (To Be Provided) 1 VAGNEUR MINOR SUBDIVISION DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VAGNEUR MINOR SUBDIVISION (hereafter the “Declaration”) is made this _____ day of ____________, 201__ by Wayne E. and Lois M. Vagneur (hereafter referred to as the “Declarant”). RECITALS WHEREAS, Declarant is the owner of the Vagneur Minor Subdivision described on the Plat recorded as Reception No. ____________ in Garfield County, Colorado (the “Plat”); and WHEREAS, the Subdivision consists of Lots 1, 2, and 3, (collectively the “Lots”); and WHEREAS, Declarant is also the owner of all water and water rights, ditches and ditch rights, wells and well rights, well permits, easements and rights-of-way appurtenant to or used upon or in connection with the Subdivision and all other common facilities and appurtenances related thereto, all of which shall be deemed to be included in the definition of “Subdivision” as set forth and used herein; and WHEREAS, Declarant has created a homeowners’ association known as the Vagneur Homeowners’ Association (hereafter the “Association”); and WHEREAS, Declarant desires to provide a flexible and reasonable procedure for the overall operation of the Subdivision, and to establish a homeowners’ association for the administration, maintenance, preservation, control, use, and enjoyment of the Subdivision, as well as provide for the enforcement of the restrictions, covenants and conditions hereinafter set forth. DECLARATION NOW THEREFORE, Declarant hereby declares that the Vagneur Minor Subdivision, and all Lots comprising the same, shall be held, transferred, sold, conveyed and occupied subject to the following covenants, conditions and restrictions which are established for the purpose of protecting the value and desirability of the Subdivision and which shall run with title to the Lots and be binding on all owners or other parties having any right, title or interest in the Subdivision. 2 ARTICLE I DEFINITIONS 1. Association. “Association” shall mean the Vagneur Minor Subdivision Homeowners Association, a Colorado Nonprofit Corporation, incorporated for purposes of owning, maintaining and administering the common facilities as hereafter described and defined. The members of the Association shall be the owners of the Lots. The Association shall administer and enforce the covenants, conditions and restrictions set forth here and collect and disburse the assessments and charges. 2. Association Manager. “Association Manager” shall initially mean Lois Vagneur and then Belinda Brownell, or if they are unable or unwilling to serve, a person who shall be a Lot Owner and Member of the Association, and who shall be responsible for preparing the Annual Budget, collecting Annual and Special Assessments and other revenues, disbursing funds for Common Expenses, calling special meetings and otherwise managing the administrative affairs of the Association. Subsequent to conveyance of the first Lot by Declarant, the Association Manager shall be the Declarant or Declarant’s successor in interest as herein provided. 3. Lot Owner or Owner. “Lot Owner” or “Owner” means the person, persons, entity or entities who or which together shall comprise the record owner of fee simple title to a Lot. 4. Member. “Member” shall mean a person or entity that, by virtue of their status as a Lot Owner, is deemed to enjoy the membership privileges and responsibilities in the Association. The terms Member, Lot Owner, or Owner are used interchangeably throughout this document. 5. Owners Action. “Owners Action” shall mean an act by a majority of the Owners, except that for as long as Lois Vagneur or Belinda Brownell serves as the Association Manager, Owners Action shall require a unanimous vote to over-rule their decisions. ARTICLE II PROPERTY RIGHTS AND USE OF PROPERTY 1. Lots. Lots 1, 2, and 3 shall be used only for the construction, use and occupancy of and as single-family dwellings and customary accessory uses as defined in the Zoning Resolutions of Garfield County, Colorado, or as permitted by the further provisions hereof. 2. Building Envelopes. All above-grade improvements to be constructed upon a Lot, with the exception of access to a Lot, shall be located within the building envelope established for such Lot. 3 3. Enforcement. The Declarant, the Association by Owners Action, or any Lot Owner shall have the right to enforce the covenants, conditions and restrictions contained in this Declaration by any legal or equitable means including actions for damages and injunctive relief. The prevailing party shall receive reasonable attorney’s fees, expenses, and costs from the Lot Owner(s) found to be in violation of this Declaration. ARTICLE III MEMBERSHIP, VOTING RIGHTS AND OWNERS ACTION 1. The owner of record of fee simple title to each Lot shall be a Member of the Association. For purposes of this Declaration, if a Lot is owned by more than one person, the multiple persons comprising the Lot Owner shall, among themselves, designate one person to represent them . A Member who owns more than one Lot shall be entitled to one vote for each Lot owned. ARTICLE IV ADDITIONAL RESTRICTIONS ON USE AND BUILDING All Lots shall be subject to the following covenants and restrictions on use and building restrictions. 1. Signs. The only signs permitted on a lot are political signs during an election period, For Sale, or For Rent signs. 2. Dogs. Dogs may be kept and maintained on a Lot and then only with the following restrictions and conditions: a. Dogs shall be kept under the control of the Owner at all times, shall not cause a nuisance on neighboring properties, and shall not be permitted to run free except for working dogs on a ranch. b. Dogs shall not be allowed to bark continuously, which shall be defined as barking for a continuous one (1) minute period. Dogs that bark more than this shall be kept indoors. c. The Association shall assess and enforce penalties against Lot Owners violating the foregoing restrictions applying to dogs, in such amounts as the Association may set from time to time. d. If any dog chases or molests deer, elk or domestic animals, or destroys or disturbs property of another Lot Owner, the Association can require the Lot Owner to get rid of the dog. Any expenses incurred by the Association regarding any such dog can be levied as Special Assessments against the violating Lot Owner. 4 e. The Association can impose these penalties in addition to any fines that may be imposed under the regulations of Garfield County or the State of Colorado with respect to dogs or other animals. 3. Nuisances. No Lot Owner shall permit or suffer anything to be done or kept about or within his Lot, which will obstruct or interfere with the rights of other Lot Owners or their property, including generation of unreasonable noises or otherwise, nor will any Lot Owner commit or permit any nuisance or commit or suffer any illegal act to be committed on his Lot. 4. Lights. All exterior residential lighting must be shielded and directed downward and will comply with the Garfield County Land Use and Development Code. 5. Garbage. No rubbish, garbage or trash, or other waste material, shall be kept or permitted on any Lot so as to be visible from another Lot or the Common Facilities. No incinerators shall be kept or maintained in any Lot. No refuse pile, garbage or unsightly objects can remain anywhere on a Lot. 6. Safe Condition. Without limiting any other provision in this Section, each Owner shall maintain and keep his Lot at all times in a safe, sound and sanitary condition and repair and shall correct any condition or refrain from any activity which might interfere with the reasonable enjoyment by other Owners of their respective Lots. 7. Fires Outside Dwellings. Other than commercially manufactured barbecues or properly constructed barbecue pits or grills and fire pits, or as otherwise expressly permitted by the Association, no open fires shall be permitted on the Lots without prior approval by the Carbondale Fire District nor shall any other similar activity or condition be permitted which would tend to increase the insurance rates for the Common Facilities or for other Owners. 8. Defensible Space. It shall be each Lot Owner’s responsibility to maintain vegetation on the property to minimize any potential impacts from wildfire following Colorado State Forest service guidelines for defensible space. 9. Weed Control. It shall be each Lot Owner’s responsibility to control all weeds and thistle on their entire Lot. If the Association performs weed and thistle control, a Special Assessment shall be made against the Lot and Lot Owner for the expense thereof. The Weed Management Plan has been attached to and incorporated herein as Exhibit A and will be managed and enforced by the Association. 10. No Obstruction of Drainage. No Owner can interrupt the normal drainage of the land or within any area designated on the Plat. 11. Resubdivision Prohibited. The re-subdivision of a Lot is prohibited. Lot line adjustments, which do not result in the creation of additional Lots or the relocation of any 5 Building Envelopes, are permitted if they comply with all requirements of Garfield County. 12. Underground Utilities. All utilities serving new residences and accessory structures on Lots 1, 2, and 3, including without limitation, electric power, telephone, cable television, natural gas lines and water lines shall be installed and maintained underground. 13. Mineral Exploration and Extraction. Lot Owners agree not to separate or sell from the Property any portion of mineral rights. However, if a third party owner, lessor or interest-holder of mineral rights associated with the Property requires entry onto the Property in order to develop such mineral rights, Lot Owners may permit or lease to a third party the right to develop minerals beneath the Property by those methods of mineral development having only limited, localized, temporary and reclaimable impacts on the Property, which impacts must not be irremediably destructive. (For example, drilling for oil or natural gas beneath the Property from an offsite location, or from the surface of the Property in a manner that does not result in water contamination, destruction of wetlands or significant habitat, or damage to scenic views from public rights-of-way, may be permitted.) In addition, any surface alterations or disturbance caused by or associated with mineral development must be restored to as close to its original state as possible upon completion of drilling, exploration or extraction operations. The Association can seek equitable relief as necessary to ensure that no mineral extraction impairs the value of any Lot. 14. Reflective Finishes. Reflective finishes and reflective glass shall not be used on any exterior improvement surfaces, including without limitation walls, roofs, windows, doors, trim, retaining walls and fences; provided, however, that the foregoing restrictions shall not prohibit skylights to be installed in residences or the installation of solar or wind electrical generating devices. If a solar or wind device creates glare that bothers another residence, the device shall be appropriately screened by trees that are designed to minimize the disturbance after 5 years of growth. 15. Enclosure of Unsightly Facilities and Equipment. All unsightly facilities, equipment and other items, including but not limited to those specified below, shall be enclosed within a covered structure or otherwise wholly screened from view. Any refuse or trash containers, tanks, pumps, utility meters or other facilities, service areas, or storage piles shall be enclosed within a structure or appropriately screened from view by planting or fencing approved by the DRC, which planting or fencing shall be adequate to conceal the same from neighbors and public and private roads. No lumber, metals, materials, scrap, refuse or trash shall be kept, stored or allowed to accumulate on any Lot, except building materials during the course of construction and only for such reasonable periods of time as is necessary prior to the collection of or disposal thereof. 16. Private Driveways. Each Lot shall be served by its own individual private driveway extending off of Flying Fish Road and shall be for the exclusive use of the respective Owners. Each Owner shall be solely responsible for any and all maintenance, repair, 6 replacement or other costs related to their respective private driveways. To the extent feasible, Lots shall share driveways in order to minimize driveway disturbance in the subdivision. 17. Enforcement. The Association Manager or his authorized agent may enter any Lot in which a violation of this Declaration and these restrictions exists and may correct such violation at the expense of the Owner of such Lot. Any expenses in connection with such correction shall be a Special Assessment against and be secured by a lien upon such Lot enforceable in accordance with the provisions of Article VI hereof. All remedies described in Article VI hereof and all other rights and remedies available at law or equity shall be available to the Association, the Declarant or any Lot Owner in the event of any breach of any provision of this Article VII by any Owner. 18. Fugitive Dust Management Plan. It shall be each Lot Owner’s and land developer’s responsibility to follow the Fugitive Dust Management Plan attached to and incorporated herein as Exhibit B. The Fugitive Dust Management Plan will be managed and enforced by the Association. 19. Landscape. Trees shall be planted away from fence lines so that branches do not interfere with fence maintenance. ARTICLE V DOMESTIC WATER 1. Domestic Water Supply. a. Ownership of Appurtenant Facilities. The owners of Lots 1, 2, and 3 shall each own an undivided one-third interest in and to the Well, well permit, pump, meter, and associated facilities for the withdrawal of water located at the Well. Each party shall be the sole owner of any facilities used solely by that party, including individual service lines and storage tanks. b. Operation, Maintenance and Repair Costs. All operation, maintenance, replacement and repair costs associated with the Well, the pump, meter and associated facilities for the withdrawal of water from the Well shall be shared equally between the owners of Lots 1, 2, and 3. The owners of Lots 1 and 3 shall be solely responsible for the costs of maintenance, operation, repair, and replacement of the common water distribution line that serves these two properties. The owners of Parcels 1, 2, and 3 shall be solely responsible for the costs of maintenance, operation, repair, and replacement of any facilities used solely by that party, including individual storage tanks and service lines from the point where the line solely benefits one property. Building plans shall specify which water facilities are common and require shared expense, and which are separate and the responsibility of a single Owner. The Owners agree to cooperate to enter into mutual agreements for the completion and payment of the costs of 7 any maintenance, operation, repair, replacement, or improvement of common facilities. If they cannot agree, any party shall be entitled to undertake the minimal maintenance, repair, replacement or improvement necessary and essential for proper functioning of the common facilities. In the event one owner determines to undertake such work, it shall notify the other owners in writing. The Owner shall provide the other Owners with a written statement of the work performed and the other Owners’ proportionate share of the costs. Any Owner who has paid more than his or her proportionate share may record a lien against the property of Owners who have not paid their proportionate share, which lien shall not expire until paid, and which shall bear interest at 10% until paid and which shall include reasonable attorney fees, expenses and costs incurred to file the lien and obtain payment. c. Payment of Common Expenses. Each owner shall pay its proportionate share of common expenses within 30 days from the time a statement of expenses is presented for payment. In the event an owner fails to pay its share within 60 days of presentment, interest on the unpaid amount shall accrue at 10 %, beginning 60 days from presentment. In the event a party fails to pay any amounts due with interest thereon, within six months from the date of presentment for payment, the owner which has paid such costs and expenses shall be entitled to pursue any remedy available at law or in equity for a breach of this Agreement, and shall be entitled to reasonable attorneys' fees actually incurred to obtain and execute upon a judgment for collection. d. Use of Water. Each owner shall be entitled to use water from the Well for any use authorized by the well permit. All such uses shall be made in accordance with the terms and conditions of the well permit. Each owner shall be entitled to use so much of the water from the Well as that party needs so long as diversions from the Well at no time exceed 15 gallons per minute. However, in the event that the well does not provide 15 g.p.m., each owner shall be entitled to a pro-rata share of the available water. e. Waste. No owner shall waste water, and each owner shall exercise prudence and conservation in the use of water in order to allow for the efficient and beneficial use of the Well. f. Fees. Each party shall also bear its own attorney fees incurred in the implementation of this Agreement. However, in the event litigation is necessary to enforce the rights of the parties hereto, as between themselves, the prevailing party in such litigation shall be entitled to reasonable attorneys' fees, expenses, and costs of suit actually incurred. g. Binding Effect; Covenant to Run with Land. This Agreement shall inure to the benefit of and be binding upon the owners of Lots 1, 2, and 3, their heirs, devisees, executors, administrators, assignees, transferees, and successors in 8 interest. Upon execution by the parties, this Agreement shall be recorded in the records of the Garfield County Clerk and Recorder's Office, and shall run with the lands upon which water from the Well is used. h. Complete Agreement. This document embodies the entire and complete agreement of the parties on the subject matter herein. No promise or undertaking has been made by any party, and no understanding exists with respect to the transaction contemplated, except as expressly set forth herein. All prior and contemporaneous negotiations and understandings between the parties are integrated and merged into this Agreement. i. Amendment. This Agreement may be amended from time to time by a written instrument executed by all owners of interests in the Well. ARTICLE VI FLYING FISH ROAD 1. Flying Fish Road Operation, Maintenance and Repair Costs. Owners of Lots 1, 2, and 3 shall maintain Flying Fish Road in good repair on a year round basis, including, but not limited to snow removal and repair of erosion. Such costs shall be shared equally between the owners of Lots 1, 2, and 3. If damage is attributable solely to Lot 1, Lot 2, or Lot 3, such as from heavy construction equipment, then that Lot Owner shall at its sole expense promptly repair all such damage. ARTICLE VII GENERAL PROVISIONS 1. Term. The covenants, conditions and restrictions of this Declaration shall run with title to Lots 1, 2, and 3 and shall inure to the benefit of the Lot Owners and shall be enforceable by the Declarant, the Association, its Association Manager or any of the Lot Owners. 2. Indemnification. The Association shall indemnify Declarant and any persons acting in the capacity of Association Manager against any and all expenses, including attorneys’ fees and costs reasonably incurred in any action, including settlement, to which the Declarant or Association Manager may be a party, other than those acts or omissions of Declarant or Association Manager taken or done in intentional disregard of the provisions hereof. The Declarant or Association Manager shall not be liable for any mistake of judgment, negligent or otherwise, except for willful misfeasance, malfeasance, misconduct or bad faith. 3. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect. 9 4. Non-Waiver. The failure of Declarant, the Association, the Association Manager or a Lot Owner to object to any breach of or failure to comply with the provisions of this Declaration or any Rules and Regulations by a person subject thereto shall in no event be deemed a waiver of any right to object to the same and to seek compliance therewith at any time. 5. Captions. Article and section captions, headings or titles inserted throughout this Declaration are intended solely as a means of convenience and reference. If there is a conflict between captions and the underlying text, the latter shall control.. 6. Context. Whenever the context requires, any pronoun used herein shall be deemed to mean both the feminine and masculine gender, and the singular shall be deemed to also encompass the corresponding plural. IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration this _____ day of __________, 201__. Wayne E. and Lois M. Vagneur 60 Flying Fish Road Carbondale, Colorado, 81623 By: ______________________________ Date: _____________________________ STATE OF COLORADO ) ) ss COUNTY OF Garfield County ) Subscribed and sworn to before me by _________________________________, this ______ day of __________, 201__. WITNESS my hand and official seal. My commission expires: ________________________________________ Notary Public 10 EXHIBIT “A” VAGNEUR MINOR SUBDIVISION WEED MANAGEMENT PLAN Individual property owners of the Vagneur Minor Subdivision shall be responsible for the following weed management strategies to prevent or stop the spread of noxious weeds. 1. Individual property owners are responsible for the timely revegetation and reclamation of disturbed sites using appropriate native plant species. Disturbed areas from construction such as roads, driveways, and new utility areas shall have the existing topsoil stockpiled and then replaced on the disturbed areas to the extent possible. Imported soils are more likely to be contaminated with other weed seeds and therefore should be avoided. The following strategies shall be utilized for the revegetation of disturbed areas: a. Study all vegetation in the area and surrounding areas. b. Preserve plant species native to Colorado. c. Test the soil for pH balance. Try to retain and utilize as much on-site topsoil as possible. d. Select a predominant species that is appropriate to the site. Then choose a few complimentary species to provide a balanced plant community. e. Choose plants that are healthy, vigorous and pest free. f. Use weed-free seeds. Use non-hybrid seeds. Avoid commercial seed packets containing exotic plant species. g. Choose plants that are horticulturally appropriate, i.e. plant species that are adaptable to climate, soil and topographical conditions of the designated area. h. Consider the use of water, its availability and the vegetative requirements. i. To landscape for wildlife, choose native plants that provide cover, forage, browse, seeds for birds and rodents, and shade. j. Be site-specific; revegetation strategies may vary for small lots, farms, ranches or construction sites. k. Establish a vegetative cover that is diverse, effective and long lasting, capable of self- regeneration. l. Stabilize the surface. 2. After final grades are established and topsoil is spread, property owners must reseed using a native plant species seed mix. A sprinkler system should be used following planting to encourage healthy plants. 3. Individual property owners are responsible for identification and eradication of all noxious weed infestations as well as continuous monitoring and evaluation to prevent recurrence. The Garfield County Designated Noxious Weed List includes the following: 11 a. Canada thistle (Cirsium arvense) b. Chicory (Cichorium intybus) c. Common burdock (Arctium minus) d. Dalmatian toadflax (Linaria dalmatica) e. Diffuse knapweed (Centaurea diffusa) f. Hoary cress (Cardaria draba) g. Houndstongue (Cynoglossum offinale) h. Jointed goatgrass (Aegilops cylindrica) i. Leafy spurge (Euphorbia esula) j. Musk thistle (Carduus acanthoides) k. Oxeye daisy (Chrysantheum leucanthemum) l. Plumeless thistle (Carduus acanthoides) m. Purple loosestrife (Lythrum salicaria) n. Russian knapweed (Acroptilon repens) o. Russian olive (Elaeagnus angustifolia) p. Salt cedar (Tamarix ramosissima) q. Salt cedar (Tamarix parviflora) r. Scotch thistle (Onopordum acanthium) s. Spotted knapweed (Centaurea maculosa) t. Yellow starthistle (Centaurea solstitialis) u. Yellow toadflax (Linaria vulgaris) 4. In the seasons following planting, noxious weed control shall take place twice yearly in the disturbed and newly planted areas until well established plants are healthy and cover the bare soil. Other weed management beyond the disturbed areas should be done twice each year at a minimum and more often if needed. This should include locating and either cutting or selective spot spraying any noxious weeds. 5. If a Lot Owner fails to control noxious weeds, another Lot Owner can take steps to eradicate them, including hiring a weed removal company and entering the offending Lot Owner’s property after reasonable notice, and be reimbursed for the expense of weed removal. Reasonable notice shall be defined as 3 requests, the last one in writing at least 10 days before self-help steps are taken to remove the weeds. The weed removal expense can be assessed against the offending lot owner as a Common Expense set forth in the Declaration. 12 EXHIBIT “B” VAGNEUR MINOR SUBDIVISION FUGITIVE DUST MANAGEMENT PLAN All land developers of the Vagneur Minor Subdivision are required to apply to the Colorado Department of Public Health and Environment/Air Pollution Control Division for an Air Pollutant Emission Notice (APEN) and Application for Construction Permit. The Vagneur Subdivision intends to follow a dust control plan to minimize emissions of fugitive dust to a level that is technologically feasible and economically reasonable within the subdivision and on any access roads used for travel to and from proposed home sites within the subdivision. 1. During the land development process, fugitive dust control of unpaved roads in the subdivision will include watering at a frequency of 1 or 2 times per day or as needed. The application of chemical stabilizer is not advised due to the close proximity of the land development areas to active agricultural lands. Vehicle speed control will be enforced with speeds limited to a maximum of 15 mph. 2. Fugitive dust control of disturbed surface areas on site will include watering as needed. Revegetation of these areas must occur within one year of soil disturbance. All areas to be vegetated shall be seeded with a native grass seed and mulched. If furrowing is applicable for seeded areas, furrows shall be at a right angle to the prevailing wind and the depth of furrow must be greater than 6”. All disturbed foundation areas must be compacted to within 90% of maximum compaction on a daily basis. Snow or silt fence may be used as wind breaks if necessary. All disturbed steep areas shall be netted or mulched when reseeded, 3. Prevention of mud and dirt carried out onto paved surfaces will include gravel at all entryways. The cleanup of paved areas will occur as needed with a street sweeper or a hose with water. T:\Vagneur Lois\Access opinion by KBRPC for 60 Flying Fish Road Nov 2014.doc 1 !"#$%&'()*'$+,-*.-$$$$$/.&0-$"$$$$$$1)2)(0$34(45)'4$6!7#!$ !!894*-:$;<=>;#<>!#==$$$$$$$$?)@:$;<=>;#<>!"==$$$$$$$A-*5)*2B45'CD4ED)20F*-0$$$ November 19, 2014 Kelly Cave, Esq. Garfield County Attorney 108 8th Street Suite 219 Glenwood Springs, CO 81601 RE: Legal Access to Vagneur Minor Subdivision, Parcel ID # 2391-324-000-015, 60 Flying Fish Road, Garfield County Dear Ms. Cave, Wayne E. and Lois M. Vagneur have applied for approval to subdivide into 3 lots their 22.98 acre parcel at 60 Flying Fish Road, Garfield County (the Vagneur Parcel). You have requested proof that they have legal access to their parcel (the Vagneur Access Road). The Vagneurs have legal access for the following reasons. 1. The plat map for the adjacent parcel to the West described as the Final Plat Shultz Subdivision indicates that a “50’ access easement Rec. # 348846” is granted to the Vagneur Parcel. This Final Plat was approved by the Garfield County Commissioners on November 13, 1989. a. The access easement recorded at Reception No. 348846 is attached. This is a Quit Claim Deed recorded January 10, 1984, from George F. Bauer, III, to Robert Oxenberg and Maureen McCluskey; they later sold the Vagneur Parcel to the Vagneurs, described in paragraph 4 below. 2. The Bureau of Land Management owns the property immediately east of and adjacent to the Vagneur Parcel (the BLM Parcel). The general public has an access easement to use the Vagneur Access Road to cross the Vagneur Parcel in order to reach the BLM Parcel. This access easement is described as a “Gravel Access Road” on the attached “Roaring Fork Site Plan” prepared by the Bureau of Land Management in 7/90. 3. When the BLM purchased the BLM Parcel from Shepard & Associates on August 24, 1988, the BLM’s Warranty Deed included access to the BLM Parcel across the Vagneur Access Road. This access is described in Exhibit A of the BLM Warranty Deed recorded at Reception Number 394888 at Book 740, Pages 111-114, attached. If the Vagneur Parcel were to lack access, so would the BLM Parcel. 4. When the Vagneurs purchased the property on August 8, 1988, the Warranty Deed recorded at Reception No. 394389 by which they took title (the Vagneur Warranty Deed) states in the legal description attached as Exhibit A that the Vagneur Parcel comes “Together with a non-exclusive access easement being thirty feet in width as described in a Deed recorded on January 10, 1984 at Reception no. 348846 in Book 642 at Page 46 of the Garfield County records, AND SUBJECT TO a non-exclusive access easement being thirty feet in width described in a Deed recorded G-*$H)*2B45'I$8F3F$ +JJKHLMN$+J$O+P$ $G-*$H)*2B45'I$38+$ OQ3ML/MR$QL$3KOKH+RK$ T:\Vagneur Lois\Access opinion by KBRPC for 60 Flying Fish Road Nov 2014.doc 2 January 10, 1984 as Reception No. 348847in Book 642 at Page 47 of the Garfield County Records.” 5. The Vagneur Parcel and the parcel that today forms the Schultz Subdivision were earlier deeded from Margaret Smith to George F. Bauer III on May 11, 1979, and recorded May 17, 1979 at Reception No. 294246. That deed describes in Exhibit B the access road as “A strip of land being 30 feet in width to be used for an access easement situated in Lots 9 and 18 of Section 32, Township 7 South, Range 87 West of the Sixth Principal Meridian, Garfield County, Colorado, being 15 feet in width on each side of the following described centerline (the legal description follows – ed.).” 6. Colorado law provides that any deed that has been recorded for 20 years is presumed valid and accepted as prima facie evidence of the facts recited therein. All of the deeds transferring property that today makes up the BLM Parcel, the Vagneur Parcel, and the Schultz Subdivision have contained the language referencing the 30’ access easement since 1979, a period of 35 years. This statute, recited below in its entirety, provides additional evidence that the Vagneur Parcel has legal access. § 38-35-107. Recitals in deeds prima facie evidence - when All recitals contained in deeds, powers of attorney, agreements, or other instruments in writing conveying, encumbering, or affecting title to real property that have remained of record in the office of the county clerk and recorder of the county where the real property affected is situated for a period of twenty years shall be accepted and received as prima facie evidence of the facts recited therein. This section shall not apply to the recitals, exceptions, and reservations described in section 38-35-108 and affidavits described in section 38-35- 109(5). 7. Stewart Title agrees that it will insure access to the property; see the November 18, 2014, email from Chuck Dorn attesting to this. The Vagneurs and the general public have been using the Vagneur Access Road for over 25 years, and this access has been described consistently in deeds for more than 35 years. The Vagneurs’ and the general public’s access to the BLM Parcel are secure. Please call if I may be of additional assistance. Sincerely yours, Ken Ransford Exhibits: 1. November 18, 2014, email from Chuck Dorn attesting that Stewart Title will guarantee access. 2. Final Plat Shultz Subdivision approved by the Garfield County Commissioners on Nov. 13, 1989. 3. Roaring Fork Site Plan prepared by the Bureau of Land Management in 7/90. 4. BLM Warranty Deed recorded at Reception No. 394887 at Book 740, Pages 111-114. 5. The Vagneur Warranty Deed recorded August 8, 1988, at Reception No. 394389. 6. Quitclaim Deed recorded January 10. 1984, at Reception No. 348846 granting access to the Vagneur Parcel. 7. Deed from Margaret Smith to George F. Bauer III on May 11, 1979, and recorded May 17, 1979 at Reception No. 294246. 1 !"#$%&#'()*+ ,*)-.!"#$%&'()*&+!"#$%,'()*-./012)/,$(34 /"#0.5#0.6278&9(:03;0)&<=8&>?<@&<?A@=&BC 1).D0*&E2*.F()6 /234"50.EGA&HIC&I2*6 !"#$%"%&'()*+#',"-.."##/ !"#$%&'() Division President 1620 Grand Avenue Glenwood Springs, Colorado 81601 O (970) 945-5434 | M (970) 319-1327 | stewart.com/location | cdorn@stewart.com STEWART INFORMATION SERVICES CORPORATION (NYSE: STC) Check out stewart.com/cfpb – your source for CFPB education and information From: Ken Ransford [mailto:Ken@KBRPC.comcastbiz.net] Sent: Tuesday, November 18, 2014 10:31 AM To: Chuck Dorn Cc: Doug Pratte (landstudio2@comcast.net) Subject: RE: BLM Land 01'.2341-+2#5&,#"+)*+671"89:;-,."()"")-+)#';;&,7*+6)&.'<"+7#/ =/ >"((?0-@"&571"A-,5*"()0&'+7?B77&,+"?C#&55*."1-#,"D'"#7")71-7E;,";-,"-+&;*+*&+71-771"F-6+"', G-,."(1-#("6-(-.."##;',#'-+77&71"*,-;;(*.-7*&+7&#'H)*@*)"71"*,I=/J=-.,"(&7*+7&-<*+&,#'H)*@*#*&+/ I/ EH"(*"@"71"?1-@"("6-(-.."##$-#"K;,"##")*+<?-77-.1")&;*+*&+/ L/ !&'1-@";,";-,")-7*7(".&<<*7<"+75&,71*#:*+&,M'H)*@*#*&+-;;(*.-7*&+$5*("+&/J=LLJͲNONJP/0-+?&' -(#&.&+5*,<71-7?&'%*((*+#',"-.."##7&71"F-6+"',G-,."(QB+"<-*(,";(?%&'()H"#'55*.*"+7/ 41-+2#5&,?&',1"(;/ >"+R-+#5&,)$S#D/$0GB >"+R-+#5&,)G/0/ =LI:*)(-+)B@"+'"$M'*7"L 8-#-(7$0TU=VI= PWJͲPIWͲ=IJJX&,2 PWJͲPIWͲ=LJJY-K PWJͲPVLͲVUJJ0"(( 8&71"<-*(#H"(&%%&,25&,,";(*"#Z 2"+,-+#5&,)[.&<.-#7/+"7 >"+[>8RG0/.&<.-#7H*\/+"7 · l ., r:-:-~ r it::; :y-~ n · ~~'.; ~ 1_;1) I( 11r·. ,~I · ~' ! ,. ·~-;· j:· .. ~t ~!{~ /?f Jf~ .Jh . f ~l· VICINITY MAP SCALE 1 "= 2000 ' )~; ,: ';.> L FINAL PLAT SCHULTZ SUBDIVISION SITUATED IN LOTS 9, 17 AND 18, SECTION 32, TOWSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPAL MERIDIAN COUNTY OF GARFIELD, STATE OF COLORADO CER TIF ICATE Of orn 1r.;-T10;1 .'\'1 D f}\o/NERSH I P KNl.:J<J ALL MEN BY THES E PRESENT$: TI IAT TIIF. llNDERSIG?o<"Et> CHAALES II. SCliULTZ IS THE CWlER OF TifAT REAL f'ROPEUTV S ITIJATFn I N TH.I:: COllNTV OF GARFIFJ .ll , STATE OF COIDRAOO, AND BEI NG A PART OF Ti iE CfWU.l:::S H. SCHlJI ,TZ PROPER'N AS SHCJ,.!N ON THE Aa::l.'.M'ANYI NG PlAT. SAID REAf. PRa"Ei<TY BF.ING 1>t:>RE f'ARTI CUI.J\RLY OESCR IBElJ AS FOU.cMS : ,, PARCEL ur LAN O S!TUA I HJ I N LOlS 9 , 17 .\r·m le IN src r :rrn JC, TOWN!>H!P 'SOU l U, R.4NG[ 87 WEST or THl Sil.TH PR JNf.IPAl ME.RlO!AN , CVU NTY OF GAl<fl[Ul , STAr l O ~ COLORADO , LYI NG SOUTH E~LY OF THE SOUTHEllU RIGH J-fJF-WAY LINE or STATE HIGIH•AY UU. 8i', SA\n PARC EL OF LANO IS O[Sf.RHIEO AS FOLL OWS: BE G I N~U NG AT I\ PO INT ON THE SO UTlt ERL Y RIGHT-OF -WAY L l NE ur $1\:U H\GHi.i AY WHENCE THE SOUTH EAST COR N(R or SECT ION 33 OF SAID TOWN SHIP ANO RA NGE BEARS S 66°U6'33" E 70 44 .88 FEET ; THE NCE S 01 "17'00" W 160 1.0b FEE T TO A POINT Otl lHE SOUTHER LY LPH 01 SA!O LOT 17; TH EN CE S 89"5 9'15~ W 316 .19 f U T ALO NG THf SOUTHERLY LINE OF SA!D LO T 11 ro THE SOUT HWESI CORNER Of s;:o LOT 17; THlNC( N 01"1 0'15" E 444 .05 8 FEET AL ONG THL WEST[RU LINE OF SAID LOT 17 TO 1H£ NORTHWES T CORNEii OF SA ![') LOT 17 WHI CH !S A POINT ON THE SOUTHER LY LI N( Of SA ID LOT 9 : THE NCE N 82°33 '00" W 377 .984 FE H ALO NG THE SOUTHE RLY LINE OF 51111) LO l 9; TH ENCE N 02°46 '00 " E 132 0.<lO fEf.T TO A POI NT ON HIE SOUHIERLY RI GHT-O f .WAY LINE OF SA ID ~ff.Tl l!I GH WAY ; Tl!f.llC( S 71 °22'00" E 34.99 FE ET AL ONG THE SOUTH ERL Y RIGHT -Uf -~M ~· 1.:•1[ OF SAii) STA1E HIGHWAY ; TH ENCE S 72 ~09 '00" E 363 .95 FEE1 !It.ON G THE SOUTHER LY RIGHT -OF -WAY Ll N[ OF SAID HI GHWAY; TH[NCf S 7Z"22 '0W E 157.77 FELT ALONG TH [ SOUTl!l P-LY RIGHl-Of-WA ) l :Ni or SAi O Sil.TE HIGH W.a.Y ; rntNCf s 72°06' 37" [ ll2 .49 9 F[(T ~L C N!. l HE ~l·L·iH l l(lY RIC.H I -OF-W AY LINE OF SAID STATE HIGHWAY: l H(NCl S n ~l 6'J j• l 22 .95 FE ET ALO UG THE SO UTHERLY RI GHT -Of -WA.Y l!N[ OF SA JO STATE HI GH WAY TO THE POI NT OF BEGI NNING . TH[ ABOVE OE SCR!BtD PAR CEL C;F LANO CONTA I NS 2?.66 f,.CR[S, MOP.( OR LESS . THE AB OVE OESC RIB E.D PA RCE L !S SUBJEC T TO A 50.00 FOOT WIO( GA S LI NE EA SEMENT AS DESC RIBED I N RECEf.'T!ON NO. 215 444 AS FIL ED I N THE GAR FI ELD COU NTY CLE RK ANO RECORDER 'S OFF!C ( OCTOBER 19, 1961, IN BOOK 33 7 AT PAGE 241. AL SO SUBJ ECT TO A 30 .00 FOOT WIOE ACC ESS EASE MEN T AS DESCRI BED IN RECEP TIO N NO . 348846 AS FILED IN THE GARFIELD COU NTY CL ERK AND RE CORDER 'S OFFICE JANUARY 10 , 1984 , IN BOOK 642 Al PAGE 46 , WHIC H FAL LS WITHIN NEW 50 .00 FOO T EA SE ME NT. AL SO SU BJECT TO A 200.00 FOOT WIDE RI GHT-OF-WAY FOR THE DENVER AND 1110 GRANDE RAILROAD ACCORDI NG TO MAP NO. V-B-C PRO VID ED BY THE DE NV ER ANO RI O GRAN DE RAI LROAD CIJ •• AND BEI NG !10RE PARTICU LARLY DESCR IB ED AS FOLLOWS: A 200.00 f OOl WIOE STR I P OF LA NO SITUATED I N LOTS !I ANO 17, SEC TI ON 32. TOWN SHI P 7 SOU TH , RA NGE 87 WEST or THE SIXTH PR I NCIPAL HERIOI AN, COU NTY OF GARFI ELD, STATE OF COLORADO, SA ID STRIP LYING 100 .00 FEE T IO EACH SIDE OF THE FOL LOWI NG OESC RHJ ED CENTERLI NE: COHH ENCI NG AT TH[ SOU THEAST CORN ER or SECT I ON 33 OF SAIO TOWN SHIP ANO RANGE; THENCE N 78"09 '25 " W 66 15.58 FEET TO A POI NT ON TH E EAS TERLY LINE OF A PARC EL Of LANO AS DESCR I BED IN RECEPT I ON NO. 29 4246 AS FILED I N TH E GARFIELD COUNTY CLERK ANO RECORDER 'S OFF I CE, SA I D POINT ALSO BElNG ON TH E CE NTERLI NE or SA ID 200 .00 FOO T WIOE STRIP , THE TRUE POINT OF BEGINN I NG; THENCE ALONG SAID CENTERLINE ALONG lH ( AR C OF A CORV l 10 THE RI GH T HA VING A RADIUS OF 88 1.946 FEET ANO A CENT RAL ANGLE OF 05 "42'20" A DI STANCE OF 87 .82 FEET (CHO RD BEARS N 51 °08 '24" w 87.79 FEET ); THENCE ALOHG SAID CENTERLI NE N 48°17'14" W 196 .00 FEET; THE NCE ALONG SAJO CE NTER LINE ALONG THE AAC OF A CURVE TO THE LEFT HA YIN G A RADI US OF 955.366 FEET ANO A CEN TRAL ANGLE Of 16 "12'00• A DI STANCE OF 270 .12 fEET (CHORD BEARS N 5 6 ~23'1 4 " W 269 .22 FEET); THENCE ALONG SA ID CEN TER LINE N 64°29 '14• W 268.6C FEET TO A POINT ON THE WE STER LY LI NE OF SAID RECE PTION NO. 294246 , THE TERMIN US . (WH ENCE lHE SOUTHEAS T COR NER OF SAID SE CTIO N 33 BEARS S 75"49 '16" E 7380 .90 FE ET.) ALSO SUBJECT TO RIGHT-OF -W AY AS GRANTED BY IHSTRU MENT RECORDED FEBRU ARY 21 , 1888 , I N BOO K 19 AT PAGE 39 . ALSO SUtlJECT TO RIGHT -OF-WAY FOR DITCH ES OR CAN AL S CO NSTRUC TED lH TH E AUTHORITY OF THE UttlT EO STATE S AS RE SE RVED IN UN ITED STAT ES PATEN T RECOR DED NOVEMBE R ZZ , 1958 IN BOO K 31 2 AT PAGE J!:ll AS RE CEPT ION NO. 20 3490 . ALSO SUBJECT TO RI GH T-Of -WA Y FO R UITCHES OR CA NALS CONSTRUCTED BY THE AU THOR ITY OF THE UNIHO STA TE S AS RESER VED IN UNITED STATE S PATENT RECOR DED MAY 8 , 1895 I N BO OK 12 AT PAGE 363 AS REC EPTI ON NO. 18 37 8 . AL SO SUBJ ECT TO RI GHT OF TH E PROPRIETOR OF A VE IN OR LODE TO EXT RACT ANO REMOV E HI S ORE TH EREFRO M, SHOULD THE SAM E BE FOUND TO PE NETRATE OR I NT£RSECT TH E PRE MISES HER EBY GRANTED AS RES ERVED I N UNITED ST ATE S PATE NT RECORDED MAY 8 , I B% JN BOO K 12 AT PA GE 363 AS RE CE PTI ON· NO. 18378 . ALS O SUBJE CT TU RI GHI -OF -W AY FOR THE BASI N Dl lCH OVER ANO AC ROSS SUB JECT PRO PE RTY AS OI SCL OS [O BY MAP AND STATEMfN T RE CORDED JUNE 7, 1887 , I N SOOK 9 AT PAGE 51 2. ALSO SU BJ ECT TO RES TlllCTI ON S AS CONTAI NED I N IN ~Tll U ME N T RECUROEO JIJ NE 25 . 1 96 ~ JN BOO K 3'.:15 AT PAGE 16b AS RE CEPTIO N NO. 241191. ALS O SUBJ ECT TU EASE MENT ANO RI GH T-OF-WAY FOR INGR ESS AND EGRE SS PURPO SES , AS RE SERVEU BY SH ERI FF'S OEEO, I N THE CU UN TY or GAlff l ELO , REC OROEO FEBIWARY 9 , l '.:172 JN BOO K 427 AT PAGE 14l AS RECE PT IO N NO. 252 543, JN WHI CH THE Sl'E CJFI C LOCATI ON UF THE [ASEM[NI I S NOT UEflNEO. ALSO SUBJECT TO RESERVATIO N Of OI L . GAS , CO Al, ANO MI NEllA L RI GHT S AS GRAN TED BY I NSTR UMENT REC OllOEO I N BOOK 25 ~ AT PAGE 148 AS RECEPTI ON NO. 17410B ANO llOOK 240 AT PAGE 332 AS R[C(PTI ON NO. 171122 . THAT SAID G4NER HA.<> CAUSE!;> THE SAID REAL PR0PZRTY TO BE LAID cxn AND SURVEYED AS SC!fJLTZ SVDDIVISION, A SUBDI VI SION OF A PART OF GARFI ELD COUi'<Tf , COLORAOO. THAT ~A ID OWN ER D OE~ HE RE BY DEDI CATE ANO SE ! Al'Alt T AN ACCESS lA~[M l N 1 AS SHUWN UN THE AC COMPANYI NG PLAT TO THE USE OF THE PRIVAT E Oliri NE RS , ANO HEREBY OEDICAH TO THE PUBLI C UTILI TI ES THOSE PO RTJON S OF SAID REAL PROPERTY WHI CH ARE LABELED AS UTI LI TY EASEME NTS ON THE ACCOMPA NYJNG PLAT AS PERPET UAL EASE MENTS FOR TH[ I NSTALLAT IO N ANO MA I NTEN ANC( Of UT ILITIES, I RR IGATI ON, AND ORAI NAUE FA CI LI TI ES I NCLU DI NG, BUT NOT LIMITED TO, ELEC TRI C l!NES , GAS l!NES , TE LEPHO NE LINE S; TOGET HE.R W!lH THE RIGHT TO TRI M I NTE RFERI NG TREE S AND BR USH ; WITH PERPETUAL RIGHT OF INGRESS ANO EGRESS FOR I NSTALLATION AND MAI NTE NANCE OF SUCH l!NES. SUCH EASE MENT S ANO RI GHT S SHALL BE UT ll!ZEO IN A REASO NAB LE AND PR UOENl MANN ER . l!iAT ALL EXPE NSE FOR ROAD I MP ROV EMEN TS SH ALL BE FUR NISH ED BY TH E SEL LE.R OR PUR CHASE ll, NOT BY THE COUNTY OF GARFI EL D. 11~., J"el'.~e y STATEOF ~) )ss . £ TH IS DAY Of QCTO /J f{/. w1;N1 ss,, MY H ~ANJ.i.L l ~-!Jtccc Wf -- OWnert AppJkant ; Mr. Charle:; H. Schu lt.: 14 2 Mahi Str eet SUR VEYOR'S CERT tf!CAT£ ~A~~rv'R tl ~~ .... '"'.''7·~?~../. l .:,• ~1~:~11~~ c ~~~l~~A~~A~F \~~o:A~6~1 ~~~~EO THI S PLA T I S A Tll Ul, COllRl:.l.T ANO COM?LETE PLAT Of THE • SCHULTZ SUBOllllSION AS LA IO OUT , P L A'rrrrrt.-D,-,D"'tl""J!ncA~I E~o- AN D SHOW N HE REO N, IHAI SUCH PLAT wA S MA DE FROM AN ACCURA TE SURVEY OF SA ID PROP ERTY BY ME ANO UNDER MY SUPE RVISI ON ANO CORREC TLY SHOWS THE LOC ATI ON ANO DI MENSIO NS OF TH E LOT S, EASEME NTS AND STREET S Of SAJO SUB DIVI SIO N AS TH E SAME ARE STAKED UPON THE GROU ND IN COMPLIANCE WITH APPLICAB LE REGU LATI ONS GO VER NING THE SUSO I Vl SJON Of LANO. <-.;~ CO UN TY SUR VEYOR'S CERTIFICATE APPR OVED FOR CUNT ENT ANO FORM ONLY ANO NOT THE ACCUR ACY OF SU RVEY S, CAL CULA TIO NS OR DR AF TI NG. PURSU AN T TO C.R.S. 19 73 , 3B -S l -IO I ANO 102 ~ (R EVI SED). ~~a . \112.~ ""'~~ CLEllK ANO llE t:O llOER 'S CEllTI FICATE THI :, PLA1 WA'.:. F!LlO FUR RECORD I N THE OFFI CE OF lH[ CLE.M K ANO RECORDE R OF GARFIELD COU NTY AT 8..:..JLJ.._ O'CLOC K tL.H. ON THE ..zJnJ_ DAY OF tJ-.,', ,t . I A.O. 19£1, AHO I S DULY RECORD ED IN BOOK l!l/a.• PAGE AJ/il-• lifCf· I ,JI, NU. 41127'./_'/ __ . · Zt>!! rd- /72,)d ,._,,L /J .l~...1---./ filRK-li:iill RtccT~ --7) BY :~ A.TTORH£Y 'S CERTIF I CA TE I , Au e=rJ H. fJDEl.ER,,., AN ATTORNEY LICEN SED TO PR AC TI CE LAW I N THE S T~TE or COl ORAO O, OU HEREB Y CERTI FY TH AT All DEDIC ATI ON S TO THE PUBLIC, AS OESCRIBED ON THI S FI NAL PLAT ARE FREE AND CLEAR OF ANY LIENS, CLAIMS, OR ENCUMB RANCES OF RECORD ANO FURTHER THAT THI S SUBD I VI SlON I S IN SUBSTANTIAL COMPLIANCE WI TH THE GARF IELD COU NTY SUBOIV I S I ~J;,;GULATIP ~ 198~. ,,, /~~V\.-- ATTO RNEY ~IZ.'f9z_ om, 0<-Tfl(}d,, 1 71 19f? BOAA p Of COU NTY COMMI SSIO NERS' CERTIF ICAT E THIS PLAT , APPR OVED BY THE SOARD Of COU NTY COKM I SSJON(RS OF GARFI ELD COUNTY, ~~ii 0:~~0~~1 ~F4R~~~l~F c~ c~N ~EYl~~OF~E F ~~~~y wb:H T~~E p~;~~~ DEDICATIONS SH OWN HE REON; SU BJEC T TO THE PROVI SION THAT APP RO VAL I N NO WAY OBLIG ATES GAR FI ELD COUNTY FOR THE FINANCI NG OR CO NSTRUCTIN G OF I MPR OYEHE NTS OF LAN DS , PU BLIC HI GHWAYS OR EASE MENTS DEOI CATED TO THE PUBLIC EXCEPT AS SPEClFI CALL Y AGREE D TO BY THE BOARD OF COUNTY COMMI SSIO NERS ANO FURTHER THAT SAID APPROVA L SHA LL IN ttO WAY OBU GATE GAR fl(LO COUNTY FOR THE CON STRUCTIO N. REPA I R, OR MAI NTENAN CE OF PUB LIC HI GHWAYS. BOAR D OF COU NTY COMK I SS I ONERS OF GARFIELD COUNTY , CO LOR ADO "' '/M. . D o Ctta 1r man ftll.,+· .. _. >4 ,,,;r.l WITNESS MY HANO ANO THE SEAL Of THE COU NTY OF GA RFIELD . A T TE ST '~J_t.Jk_ __ Co1.1nty Cler«. Surveyor : Scern:w 6 Wn l k~r . lnc:. 811 Color ado A~m.,. Chesterton, New Jeniey 07930 (201) 879-7930 Glerwxxl Spri rv;JH, C'.olond:> 8 1601 (303 } 94!>-8f>64 ii !1 'I! ii 'I I J' i E J' Ill! t t I I f r. t I t ~· " ~ I:\ .~ '~ ~ •;: '<. ·~ ·~ '"i :, {. .~GA.S ESM'T. l'-O•I ,. I' OE.EP DTTC.1-\ so'. ACC.!.'!.S £.6.~EMENT ... I 12' •z' ,. 21'.~··· 1 [ ,.,,1,'"',;u~~."! /f < .. , I ~""'~"'"a'"'"""'"' f:,,£f:;r;;J,fo1:;:-,.,,,,.,,, __L_ CUT I <•LL PROPO~ED Fl.JTU~E ROAD &E.CnON ~(..:. -'-'~'· 1?£8A-'! f'CAP L..s. ~t<'l'S98 /NJl"£.AC£ - ~ I I "I I ~ I , I I I ... r ················· ... RER/9~ E c 4P W1 TN£o;;$ C al?'NEA! L. S -'19598 NV Pt:."'1CE MEltlL .J . '. JE:.A>J J . MULLEIJA'll P.o . eox.. to/a ~'~Le , co . euoso ·--., I I I Lor ,q I··.. <b.tos .-9c.! /00 Y€R,e • REBA.R ( CAP IN·PLA.C.£ PC 000 PL"911\/ /{. 800,VOAR.'r' lf(5t~NOT€ 1 ) 0 RE.r>A~ .; CAP -ro SE. S£-r ft_ BAS£Llt.JE. EASEHEHT DESCRIPTIONS BASU! OITCH EASEMENT A PERPETUAL £AS(MfNT TO COHSTROCT, MAINTAIN, ANO OPERATE A DITCH THROUGH ·AHO ACROSS A Pj)RTION CF PATTON Sll!OIVISTON, GARFIELD COUNTY, COLORADO , SAID EASEMENT BEING HORE PART IC ULARLY OESCRIBEO AS FOLLOWS: COft'IEftCIMi AT THE NORTHEAST CORNER OF LOT C IDENTIFIED SY REBAR ANO CAP L.S. 11g59g I N PLACE; ·THENCE S 01°17'00" WA DISTANCE Of 21 .02 FEET ALONG THE EASTERLY LINE OF LOT C TO THE TRUE POINT Of BEGI NN ING OF A STRIP OF LAND ACROSS LOTS A, B, ANO C LYING 20 .0 FEE i ON EACH SIDE OF THE FOLLOWIPC; DESCRIBED LINE: "11•s2•os• w 83.89 FEET M B7°57'21* W 127.58 FEET s 82°37'28* w 101.09 FEET M 86°41 '36* W 62.69 FEET N 68•57•35• W 184.46 FEET "55•28'ss• w 99.58 FEET M 63°58'29* W 36.52 FEET TO TifE WESTERLY LINE OF LOT A, THENCE TYING 0SAJD LIN£ TO THE NORTHWEST CORNER Of LOT A, N 02°46'00" E A DISTANCE Of 71.68 FEET TO A REBAR AND CAP L.S. 119598, IN PLACE. IRRIGAT ION DITCH EASEMENT A PERPETU AL EASEMtrfT TO CONSTRUCT, MAINTAIN, AND OPERATE A DITCH THROUGH AND ACROSS PORTION OF PATTO N SUBDIVISION, GARFIELD COUNTY , COLORADO, SAID EASEMENT BEING HORE PARTICULARLY DESCRIBED AS FOLLOWS: . COflt!EHC I NG AT THE 11'.JRTHEAST CORNER OF LOT C IDEtffIFIEO BY REBAR AND CAP L;S •. ng599 IN PLACE; THENCE S Ol 0 17'00K WA DISTANCE OF 240. 74 FEET ALONG THE EASTERLY LINE OF LOT C TO THE TRUE POINT OF BEGINNING OF A STRIP OF LAND ACROSS LOTS A, B, AND C LYING 10.0 FEEi ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: ', ~' .1?€8~£ <'C'4P L S. <' 19598 1/\/.A'.'.Ac£ ........ ~ ~ M"-P t-JO . V-8 -C ANO BOOK. IC\ "'T P"'GE 3"1 ' "-..... ....... A z 1u,0 1z'oo~ ........_ R.~ 9,S.3d>Go .La Z?O. 12' CHO.~N . s&.· z3'14.1"kf. :Zh9.ZZ' B.L.M. ~ ~ It• ·······i-i !f"• .. .,.,l"· .... .,.,.,.,, I 1;/ ""·)...I~ " I I;,. I I > I I~ LO"T c I i I I I RtCHA.RO W . ~ Jl1Alt.GARE.l 8 N 10A'/ 11'30:.'Z. HW-.'. S'Z. CA2SON0ALE., CO . Bt(t,2'3 R£8 A.f? (C,9P L..5#19$98 nv P(-9C€ ·~ >o""~ , 'Y.g8· ~ T CO~N£,£: Jf~;::,~"'1~3. T 7S. RIJ7W s~ •. -~ ~~~ l?CB,'9,e i(C"IP l!i ,..-,959.!!J PO£.. l'V PLACE """'"" ~08E2T OX.Ef..18ERG ( MA•.JllE:.EN MeCLUSK'"t' P.o. Box. J CAltSONOALE I c.o. BlloZ.~ R.£8J11.e<cJ11P :Ji~:9" 'i:_A ,:,£ME:NT f'OI<:. ~~t~i~~~N~if'tX.~S (T~PICAL) ·~ IV. S77<1' s~r""~"':sr co~NC£ sccrn:uv 33. 7'.7&, ,/!S?W. #>41_,&:5/j• • /!>.<J<J-~_....-L .. M' "' ~ ~ / £~~jfiC.,4; 8 " 10•24. oo·· w· 464. 2'4 FEET • :~s:~f~;/ " 9 1'169°01'5l*W 93 .l9FEET IN PL19C£ 10 N 71°55'04* W 92.84 FEET il N 66°14 'ci0" W · . 38. 78 FEET B.L .M. 12 N 87°09'39• W ' 11.11 FEET TC1 TH£ WESTtRLY Liff[ OF LOT A, THENCE TYil'IG SA IO LINE TO THE ?40R THWEST CORNER OF LOT A. N 02°46' 00" E NOTES: l. Date of survey was May 30 , 1984 . 2. Basis of bearing for th i s map is based on a bearing of S 01°17 '00"1..', Between the rebar and caps· (ma rk f'd L.S. J119598) along the east line of thl' property shown hereon. 3. Elevations for this survey are based on an elevation of 6431. 79 on contr"l sta tion "Morrison" in Section 31 , Township 7 South, Ra rige 87 West. 4. Lots A, B, and C are subject to acc ess easements recorded as Rec . ,!'252543 and Rec. *348846, a1so subject to gas line easement Rec. 1215 44 4 dnd Den ver Md Rio Grande Rail road Right-of-Way as shown on t hi s pl at . 5. Jn acco rdance with water au!Jilentation agreements a yearly fee for 1<1atcr r ights will be assessed property owners of each lot. 6. Prior to construction on Lots A, B, or C, as shown on this pl at, adequate source of domestic water and indivi dual sewage disposal systems shal 1 be de signed and approved . Also pumping and maintenance of sewage disposal systems shall be performed at designated inte r~a ls to allow proper operation of the systems. 7. -·-·-·-··ind icates l OO ·year floodplain boundary as indicated by a l etter from Wright I.later Engi neers, !nc. tr> Don Patton dated October 29 . 1984 . 8. No structure shall be constri.1cted within the 100 -year floodpldin , 9. All str uctu res shall be constructed in suc h a manner that foundations are impermeable to wat er . Engineered septic systems and foun:iations will be required . 11. Any structure now allCMed by regulation to be constructed within the sheet flew area will require a special use prefl!it. and s hall ~t Garfield County requir ements tor construction i n sheet flew areas. 12. Each subsequent developer of any land located to the east of Lot c utilizing the improved Basin Ditch culvert an:! road tor access shall be obligated to pay up to two thirds of the cost ot the culvert at the time of building penni t or subdivision approval . ~USC: SLll'-M>IARY 1 .) Exis ting zoning: lv:}ricultural, residential, rural density 2.) Total developnent area 3. J Total number of lots 4.) Total number dl,..elling units 5.) Total area of proposed non-residen ta1 floor space 6.) Totai number of individual dl,..elling units/lot 7.) Off street par kirg 6.) Total proposed density 22 .66 Acres 3 3 0.13 D.U. per acre <Xl ~.g ~~~ ~~gs i:t:' :"!:"' _...,, ~ §E ~a :s c 0 ~.Q v 0 <O oO <O 'O <O o • I L <I> U1 i;l:: ~ ~ aa"' ~ c....i eJ .2 Ol ""1" a.!: O'I UL a.~ ~ ~ ~ ~ cs :::(/) 8 «>"8 ~ 0 ~ c " " 0 >-r<l w<1> ~ ti N W ~ ...,, :::>I-5: Iww uWZ .. ({)a: • a: .1-z OI<flo LL(f)Zl- oW<!a: w _J"" w a: a:"" t:i (t<!NW WI<tI O:U-U 0... l13i ir ~ ;:: ~ ~ ' i ~ ~~ I g,_ "' ~ [ "' N a 1 0 > .. ' ., y 0 ., (1) .. ~ z r 0 0 oi ~ ! ~ ; ~ I 1 J I ) -- 2 OF 2 co N ., ---------- .(_--/~- --=~"'"=~---'-:+-+ '-;""''·-- .... :.-:::::::::::::' --· .............. . ... ' .......... -.-.. . r= . \ f ==........'I .. • .. I ··~ I I J / I ----.. , ----- .... s ..... -------- i ;J~trll rs @d , Recorded at 11: ¢ ':l' o'clock 8 · M: MIG 3 0 !988 Reception No, 394868 MILOREDALSDORF; RECORDER GARFIELD COUNTY, COLORADO WARRANTY DEED KNOW ALL MEN BY THESE ·PRESENTS, That. Whereas SHEPARD & ASSOCIATES, ·a general partnership, hereinafter called the "grant.or" whose address is P.O. Box 1576, Boulder, CO 80306, County of Boulder, and State of Colorado, for and in consideration of the exchange of certain lands, as authorized by Section 206 of the Federal Land Policy and Management. Act of 1976 (90 Stat. 27561 43 u.s.c. 1716) does hereby grant., bargain, sell, convey, and warrant title to the UNITED STATES OF AMERICA, and its assigns, hereinafter called the "grantee," that certain real property situate, lying and being•in the Coun-r.y of Garfield and State of Colorado described as follow~., to:..\.,1. t:: ·All real property described in Exhibit "A" hereto which is hereby incorporated by reference into this Deed. Subject to easement.s, or claims of easements, not sl1own by the public records, to easements and reservations contained in United States Land Patents for all bf such 1 e:..~1ds ~ Together with Grantor's rights; title and interest, whatever they may be, and as conveyed t.o· Grant.or by Deed from Mark Michels in and to the following water, whether or not appurtenant: Basin Ditch, .Q79 CFS, priority no. 46, adjudication date October 20, 1882. Together with all and singular the hereditaments and appurtenances thereof belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereto; and all the estate, right, title, interest, claim and demand whatsoever of the said grantors, either in law or equity, of, in and to Ghe above bargained premises, with the .heredi ta.men ts and appurtenances. GARflflD AUG .3 \l 1988 Slate Doc. Fee To have and to hold the same premises above granted and described with the appurtenances, unto the said grantee, its successors and assigns forever. And the said grant.or, for itse1f t its successors and assigns, do convenaht, grant, bargain and agree to and with the said gr.antee, its successors and assignes, 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, i11 fee simple, and having good right, full power and lawful authority to grant, bargain, sell, exchange and convey 'the same in manner and form as aforesa·id, and that the same are free and clear from all former .and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever .kind or nature soever, subject to all outstanding rights as shown of record on the date of this deed, --·-------·---- BOOK 740 PtGE112 or as may be .acceptable to the United States of .America. And the abo'le bargained premises, in the quiet and peaceable possession of the grantee,. its s.uccessors and assigns, against all and every person or persons lawfully claiming .or to claim t.he whole or any part hereof, the said granter ·sh<1ll. and will Warrant and Forever Defend. United ,h. "''"'"' '''"" " '"· ''"··, ,, "'"AT1:'~'"" States Department of the Inter.ior. . WITNES~ grant.ors' ha11d this ~ day of · \\ ·1\·\ , 198~. lla:id Cooper · ALL THE PARTNERS STATE OF COLORADO ) ) ss. COUNTY OF BOULDER ) ., , i The forefeoin.~ imrtrument was acknowledge before me this · .,,.: ·-; day of \_ l1,\..\.1,,\,1,,J.'L , 198'6, by DavJ.d Carrick, Howard Bittman and David g:>oper. · ·wrTNESS my hand and official seal. . ., . ' ... ·.: ~ . ·. : '. c~ .. t"-... - EXHIBIT "A" PROPERTY DESCRIPTION BCGK ?40 PM!Ei13 A parcel of land Sl tuated :i.n Lor.s 9 antl 1 7, Section 32, and Lor.s 7 and 8, Section 33 1 Tpwnsh1p 7 -South, Range 87 Wast of the Sixth Principal Merl.dian, Garfield Collnt.:Y, Colorado; said par.eel being more particularly dei~~ribed as· follows: BEGINNING at a point whence the South.amH. corner .-.F 8ai.d· Section 33 bears S 66 degrees 57' 24" E, 6259-51 feet; then0a S 61 degrees 53' OD'' E, .86.74 feet; ti1ence S 71 degrees 07' 00" E, 75.01 feet; thence S 67 degraas ~5' 00" B, 150.43 feet; thence S 46 degreei 42 1 00" E, 57.90 feet; thence S 46 degr~es 03'· 00" B~ 50.54 feet; thence s 4.3 degrcies .. 16' oo• Ii:, 35.24 feet·.; l:hence s 34 degrees 48' 00" E, 34.50 feet; thence S 42 degrees 40' 00" E, 26.02 feet; thence S 53 degrees 15' 00" B, 36.93 feet; thence S 64 degrees 10' 00'' E, 5g;37 feet; t.h;rnctl S 01 de_grees 15' 00" W, . 1294.404 feet; thence N 89 degrees OB' .00" E, 117 .04 feet~;· thence . sm1th 902. 36 feet to a point on the southerly line of said Section 3 3; thence. S BS degrees 59' 00" W '· 386. 79 feet along the southerly l.1ne of said Section 33 to the. Sou-i:hwest cor.ner of said ciection 33 a 1924. GLO Brass Cap founu in pl~ce; thence. N 01 degraes 17' 00" E, 1327.824 feet along. the westerly line of aaid Section 33 to the scmtheast corner of said Lot 17, Section 3·2; thence S 89 degrees 59' 15" W, 306.26 feet along the southerly line of said Lot 171 thence N I degree 17' 00" E, 1196.:;o feet. t.o the true ·.POJ;NT OF BEGINNING . . ~id parcel CONTAINING 22. 90 acres, ll!Ore or less. The above described parcel is subject to a 50.00 foot wide gas line easement as desf.'.!ribed in Reception No. 215444 as filed in the Garfield County Clerk and Recorder's Office: Also together w:i.t.i1 a 30. 00 foot. wide access ease,nent as described at. Book 529 at Page 381" in Reception Mo. 348845 as f:i.led in !:he Garfield County Clerk and Recorder's Office: Subject to right-of-way for the Denver and R:io Grand<;! Western Railroad accordl.ng to Map t;io. v-8-c provided by the De'iwer and Rio Grande Western Railroad Company; said l:"l.ght-of-way be.ing comprised 0£ t.hree par<;=eis being more particularly described as .fol lows: PARCEL NO. l COMMENCING at the southeast corner of said Sect . .ion 32; thence N 11 degrees 41' 01". W, 1364.51 feet, to a poin~. on the northerly right.-of-·way of said railro<1d also ·being a point. on t.he wester.ly line of Reception No. 334038, True POINT OF BEGINNING; thence s·a2 degrees 52' _14 11 E, along said. northerly right-of-way a dis l;ance of 32.60 feet: thence following sal.d right-of-way along-the arc of. a curve to the right. having a radlus of 816.18 feet and a central angle of 02 degrees 18' 56" a distance of 33.01 feet (chord bears S 81 degrees 42' 45". Ii:, 33.0l feet) to a point on said property line; thence leaving· said right-of-way S 89 degrees 59' 15" W along ·said P.roperty l.:i.ne, 65·. 21 E along said property llne 8 82 B·f>GHINING·; said pnrcel CON'rl\.INS feet; thence M 01 degrees 17' feet. r.o t:hi. t:nte l?Orl~'l.' UE' lJ.007 acr~::-., 1ucJre t)J: Less. ' PARCEL NO. 2 i 00" CO~lMENClNG at the sout.h..,ast 1::oruer of said SectLon 31; t.hertce N 01 degi:-ees 17' -00" C:, .L24B.52 feet., t.o a potnl·. on t:Jrn noi:t·.herl.y i:-iglit.-of-way· of said t-ailroad also being a pou1t on the wes1;1Jely line of Recept.:i.on No. 334038, •rrue PO!N'r ov BE:GINNtNG; t.Jrnnce a.long said nortl1erly righ1-.-of-wuy along th<l nrc. or: a ;_~urve to the riglit having a i:ad111s of 816.78 fMet and a ce11tral ~ngle of 09 degrees 55' 57" a distance of 141.59 feet (chord beara s 57 d•gi:-eas 50' 13" E, 141-42 feet); thence· contLnu1ng along snLd right-of-way S 52 degn~es 52' !4" B, 120. 71 feet·:. r.o n po1nr. on 1·.he easterly line of said Reception ~o. 334038; t.herice leaving satd r.lght-of-way S Ol degi:-ees 15' 00" W along "'" i.d property .li.ne · 1ss .13 feet to a point tm tl1e S•)lH.hei;:ly ri9hi·.-0£-way of s» ld rail.road; t.hence l-.he fo.l:lowing four ( 4-) coui:ses along said sout.herly right-of-way.: l. N 52 degrees 52' 14" W, 161-52 feet; 2. N 88 degc-ees 43' 00." \ii, 85.38 feet; J. S 52 degrees 52' 14" B, 1-52 feet; 4 •. Along t.he arc of a curve tt? the le El:. hav1.ng ·a radius of 616.78 feel:, and a ·central angle of 00 degrees 29' 07" a dis·tance of 5.23 faat (char~ beara B 53 degrees 06' 48" W, 5.23 feet) to a point on t.he wei:;t.erly 1111" of said 1~ecept.ion No. 33403.8; tllence leaving said right-of-way N 01 degcaes 17' 00" E, 231.66 feet to the ·J:nJ~' I?OH/'l' OP 13EGHINING; swl.d paro:e.l CbN'i'/\.Ll>IS o.98?. <tcnrn, 1nort.1 or less~ . PARCJ~L NO. 3 COMMENClNG <1 t t.he ·southeast cornl2lr 6.f sa \..s Section 32; t.llence N 15 degrees 25' 09" E, 941.03 feet to a poinr. Orl' the southerly r1ght.-of-•1ay of said railroad also beJ.ng .1 J?l11nr. on the east.ec-ly line of Reception No. 3 34038, Tru"' POIB'l' 01'' BhX:lINNING 1 thence. along said eastei:-ly line N 89 degrees OB' 00" E, 136.55 feet; thence south 105.4J feet. ~.o a poii1t on r.he s<Juther.ly rj.<Jht.-0£-way of. ,;a i.d r., i.1 roa<l; thence f.<J Llowing Si) i1'1 Tigh t:-o f-\·rny N 5'2 dieg Cb!es 5 2' 14." YI, 171. 2 5 feet to 1:he tru<e POiln' o~· BEGINNING; s::u.d parcel CON'l'AINS O. 165 <)eras, mor.e or lest>. ··~Jlf'i~i·~ . ' . ·: ·~ · ·:r · .. ;-... : +.-.. ::·:?-4u.~~ .. :: ~.#!Wla;iliiiG~ilf~ .:;, .. ~.~;.:~·: .,.'fJ.~,'.~~",'·Mto~"'f~f~ ·.:·.--;1 ~'l't:';l~.t.: ..... ~.~1~ .... ;"~ ;;;: :;;:;. i~~;:;;;·;[:f ~ ·.: '• .. . . ·~ ~ '''" :~ .,_;'..'_.< ....... -: ·1 ... --.i •• 1;J1£. o'ot•• p M AUG!! 8 1!i!l!l 8-llqn Nq ®4389 MILDREO ALSPOAF, AE!:ODOEll ·~---------~-~--~o~A~•~HuE~•~n~e~o~o~NJ'Y,,.,~·~C!l,..l.Q!!...,AQpq"""---------~• RECORDER A6U'f$~ KNOWJlllMEN '"THESE PRESENTS THAT Ftm Party : e,o. lf:JA'.!11 P.0.BOXC< Addms a•e••· co 11611 citv State Zlfl WAl'HE VAGRB'Ol\ AND 'LOIS M~ VAGN:SUR S.CondPmv fOat Office. BoK 96 P.O. Bml ~Street Addrm WOOdy creek, Cblo.rado 81656 city StBtS Zip St.II Doo:{J: . /~. * a 1 Color• Corpottlkin D a P'lrtMl'ltllp 0 I Uftl!Nd Pwlntnhlp tQ lnll'MdVJtly a jotftt 1m1ncy ID~mt-mon 0 a Cckliffo C«JIOrj.tiM Cl 11'1rtntMlp IJ • Umlttd PtttMnhtp Garfield 1he followint daCribed proPertv in the County of -------and Stitt of CQ!orl(!o: See Jbililbit. '"A• attached hereto ond by reference 11ade a part ber$0f wilh ail itsgipun$'1ancn and warr.,-i:w tllla to U. AnW1 IXClpt and subject to genetal ptOpGrty taiu• for tht · eurrent ynr. U.S. petMt teatNiltiont aod •xctPllOM. iWtV ~all ta1tments and rlgh\'5 of YRV ot 1 public or prlVIUi l'\fWfe, planning., zonln~ 1nd othlt Sutlt"n!Tllntal rules end rttUll:tiorM: .,,d prior on. Pl and other · rnioerel r..-wtlods JM ~cepl!ans, if any MAURBEN lloCLUS COUllT'I OF GARFIEW Th• foregoing .... IM!>lnl ""'ocknowledgad -mo this l!2 e 19.llL-bV Robert oxen.berg and Maure.en Meeluskey, 10. •:. "· .. . :/., . "' " ''°'' .,;r: ,.;.;.t .... ,'..; .. ·. ·.; .. , .. !XHJJI'J' •ll,• TO 31!: ... TTACHlfD TO A ltARMNTY DEED rROM IO'BERT OXQ9EllQ .AW MADIUS~ MCCLOSKEY TO HAYN1: VACMBUR J\JID LOIS M .. VAGNEUfl A par:attl ot l.an4 1itua"ted 1n Llot& 9. l'1 an<l l& ln $ect1cn 12. Tovn•hip 7 Boutb, Range 67 We•t of th• itQ P.H. lylcq 80Utberly ot ;be·4ouiherly civAt ot way line of Bt•te Hlvk~ay.No~ 82 and ·nocth•tly ot th• aouthvrly 11no of 1•1d r.oc 17. ••i4 pa£eel of land 1~ described •• follova: Beqinnin; at • point on tbe toutherlr tight ot var line of 1ald Hi1bway No. 82 When~• the eoutheast coriner ct Section Jl iA ••id Town•hip and ltanqa bears s~ :55•16 1 21 11 &. &671.89 t'••ti th•nce s. 17•t,7•00• w. fi8~.S;f feet; then.Ce B. 5'4•&7't)01t B~ 27!1~40 tltt; thctne• &. ~i·sJ 1 00• S. 141.97 feet: thence s. 01•11•00• w. 119.6.30 feet to a point on the aoutbetlf lino of a.a.id Lo~ 17t thanea s. a9•~9 1 1s~ w. 'ti.at t••t alonq tht 1o'*'berly line ot 1a1d Lot l?; thonea N. 01•17•00• E~ tGOil..06 teat to a eolnt on th• eout~erly riqht of V«Y lln• ot •aid Righway; ttt.nce s. 12•1••33• B. 128.31 t•~ alonq the aoutberly ctqht ot way 11ne QC 1aid ltighway; tnenee s. 7z•o1•00• a. 244.626 taac •lon9 the ao~harly ri9bt ot way l1n• ct aa1d QL~bway to tbt »Otnt of beqlnninv. coBtalnlnv 22.91 ac~es. IM'lre or l•••· TOGBTHER WITH a non-axclustva a~oe•a eaaeaent b•ln9 thirty l••t in width at de•cribed in a P••4 t•ootde4 on J•nu•rr to, 1984 at aeoept1Pn Ho. 34aacs in Jock C4i at Page "' of th• ~rfield County ,toatde. MID BU!Ul.C"l' TO 1 non-axclualve acceat easement bei~g tplrty feet in ~idth deacrlbed ln a Oeed c•co:4ed Jauuatr 10, 19BI aw ReC6~t1on Ho, 1•&8l7 in Book 64i at faf• 47 0£ the Ga£ti•l4 County.r•~or:da. At.SO. TOQBTHI& WITK •nr and all ditch AQ4 W•tec clgbta balol\91~9 to, ue•d u~o~ oc ln conneetioA wltb the ahove~d•acrt~d property. 1na1udin9 but not •XClUlively alt of the rir&t ?attY'• lnteiewt ib the Collowillt't A. Ox•nber9 Well No. 1 and all watec riqht• concectad therevith an4 to;etbec vtth a Plan of AUqitttttatioa apptoved therefor. B. A propqrtlonat• share or th• water aDd wata~ rltht•~ dltch an4 ditch ci9bt•, in th• Ba.•in Ditch, aomU:ot•4 vitb the above-4e&qrLbe4 proeactr •• ~·r~lcularlV deaatibed tn U.64 reccrdt4 as Doau•ent No. 2ilQ20 in th• reaord• of Garfield connty, COlorado~ I -------- f-1 ' QU!'r CLAJM DEY.D CEUt<GE 11. };AUE!~, lll, whose address iu P.O. Uox 3172, Aspen, Colorado, 81612, County of l1 Jtkit1, State of Cnlortu.io, for consideration of Ten l)ollnrs and other good n11d valuabla consldcration, in hund paid~ ht.:rcby sells and quit claims to 1lOilE.R1' OXl::NllERG and HAUH1~£N McCLl!:lK!:;Y ~ as joint teni:tnts and not as tenants in common. whose uddreAs is P.O. fiox J. Ct:n:bondalP.., Colori!do, 81623, County of Garfield, State of Color;ado, the following non-exclusive access e'1S£lment in t11e County of Cnrfield. and Star.:P-o( Co-lorado, to-wit: A strip of land being 30.00 !€et in w:f_dth situat~d in Lots 9 and 18 of Section 32> Township 7 South, Rnnge 87 West of the Sixth Pr.incipnl Meridian, County of Garfield, Stnte of Colorado; said strip lying JS,00 feet to each side of the follouing describi.<J centerline! Commenc:tng at the Southl!ast Corner of Section .33 of said Township and Range; thence N. 66"57 1 211° W. 6259~51 feet to the Northeast Corner of a parcel of land as described in Exhibit 11 A11 of Reception No. 294248; thence S~ 01 11 17 1 00 11 W. along the c.asterly line of said parcel 155.10 feet to a point on the centerline of the easement, the ~~L£! Beginning; thence along said centerline N. 67"59'38" W. 490.87 feet; thence along said canterline N. 709 32.3211 W. 739.34· feet; thence along said centerline N. 07"'33'2311 E~ 13.13 feet; thence along said centerline N. 24"'l9'04" E. 50.47 feeti thence along said centerline N~ 17°30'51° E. lJ0,86 feet; thence along said centerline N. 23 9 34 1 11 11 E. 73.39 feet, more or less to a point on the southerly .right of 'Wtty line of State Higl1way No .. 82J the tern11nus.j The sidelines of said casement shall be extended or reduced to coincide vi th said easement 1 s intersection with the southerly right of vay line of State Highway 82 anti the easterly boundary of the parcel of land described in Exhibit 11 A" of. Reception No. 294248; with all its appurtenances. STATE OF COLORADO ) COUNTY OF ;(t..-,_,,.,,._; ~ ••• A'1 The fol.·egoing instrument was acknowledged before me this /,t}.v.-J day of (!£_<Lb~ , 198.P', by George F~ Rauer, 111. •.. -MAY 1 ? la79 _ ------~!)_qK 528 fAGo542 i I i ~ .... " 294~46 tµ . .t a~"''"'"'"=· ==== •'ILING STAMP 19 79 , twtwtJ"en MARGARET C. SMITH [ l·run>ll11;£11, .. t.nh.ttlu~ //§_ .iar••f Countv .if San Diego n£tlrnf11stpnrt,and GEORGE F. BAUER, III 1n<•iStatevf California MAY 1 7 197~ Ifill 'llCllM!lll!f( fl.I '1 IP-i whosclegaluddrer>sili P. 0. Box 3172, Aspen~ Colorado 81611 ,,(the Cotrntr of Pitkin und State o(Ctolorudo, f>fthe se<:unJ part: \\'ITNESSETll, Tli<>t the »ah! party ottho fH·st ;.iurt, fof and in 1:Qn~ideration of the sum of Ten Dollars and other good and valuable consideration~ ittY:dmtR~ ti; the said party of till! fin1t part in hand paid by the said iwrty ••f the twt'on<l part, tha receip.t wherCur is twn:by •ksi:dbedlu-t t:ounty or or pared Garfield vfland, ~ilu:ate, lylngand belng Jn lh>l 11ml State of Colorado, t""wit: Land described on Exh. A attached, together with a proportionate part of the water and water rights and ditch and ditch rights acquired by ' " <I 1, " :I 'I " 'I party of the first part in the Basin Ditch taking water fr¢m the Roaring Fork River in the proportion that the irrigated acreage in the land conveyed hereunder bears to the total irrigated acreage unde~ said ditch which party of the first part ac~uired by deed recorded as Doc. No. 221020 ;: in the records of the Garfield County Clerk and Recorder, but excepting :r and reserving road easement aa d-tscribcd on Exh. B for access to two 22.98-ll ~~lt~~x acre parcels easterly of the land described on ;I' Exh. A attached~ I taln~:g~~!!I~~ :~tvhe;~:q~~:::in~t:l:;~~1~:sl,i:~.:~~:;~ern::1 ~:::i:~~~:::.arnecne~~~::::: ::~o;::~~ o;hie::::::~; =~~~~~ i,l estate, right, title, interest, clnirn and demand whntM'Jll\'ttr olthe saiJ. tULrty of tha first part, either in law or l'qtt!ty, of, I in and tu the above bargnim:d Jl~!!mbc~, with the ht>reo1t11.m.,n::i :ind appurten_11:nc1;:1. . If 11 TO HAVE A~O TO UOLO the 1it1i11 JW1'1JHJ1e11 nliuvfJ t1«rgawe1J and d<ctlk:'nt.e..i, wit I". the appurrn:;ances, unto th.: .oJi•J lj party of the 54;!Cond part, his heirs and a!$igns fl'>rev~r. AnJ the 11i1id Jl>uty uf thti first pan. fr;r him.self, '1i>1 hc\1'!. !\ :~:~:~;:::;~~~=~i; l:~::t:;: ~~o::,:":;~:; ~~~::~i~;::~u ~:~i::i:;:;:~;::;:e:~~~-~l~ce ~:i~:;~:~~1:1~ t :; t ~e:;~:1~:~:~'; :1 above conveyed, 1u of good, s"-lrt>, per feet. abscluh! an•l lndefcatiL.e ci>tat~ of inheritance. in l111v. in iet1 :'limpic. aud h.n lll',I good right, full pow11r an•l lawful autlrnrlty to l{TAOt, bargain. ~JI and ennYHY the same in ntannel:' an1l t'orm 1111 aforesaid, and chat the same are fret' and d<!-ar from all former and olher i;1·unU;, bargain11, sales, lleni>, taxes, assessment~ and eacumbran~l's uf whatever kintl nr r1.11.ture soev<!r,. except patl!nt re$ervations and H exceptions. provisions of Garfield County Commissionex:s 1 Resolution " No~ 78-116~ Prior mineral reservat:tons. easements of record and/or in !l existence, restrictive covenants of record~ and taxes for 11979 payable in 11 1980 and the ab;.wed bargained premises In the l\uiet And pcAttable poss1h1s!on o(the 11.aid party or th< sC(:Ond part, his heirs and as1l'.igns ai::ahut ;ill und ev<:"ry per;;or; or pet'lHHH< lawfully daiming or tu daim tfl.i: whole or any part th..,n•<>f, the said party c.f the first part JJ!tall t:tnd will WARRANT ANO FOR£\'ER PE:FEND, The sing11fo1· number->;<hnll indudtt the µlurul, the plural the aifll?Ular, nnd the uBe of Hrly t;t:nciel' .shall he tlf>pli<:able t.,; all g•.nder:;. IN \\'t'D<F.S~ WHEREOF, the s.aitl 11nrty of the first part he..;iereunto sc~t his hanJ un•l .senl th,; <ley and year tiri:t •lx>v.wcitten. I ;()1£~/tl•L(: C/f~v~/ , V'~;rerC:-tJDlHh ··--·-t&EAL 1 --~L>'.'._,_ ________ ~----lSEALl -------Al;!l"ORNU-($EAL] STATE OF <'~iSdi:RQxx 1 County c:f San Diego j as, ..f ,;~ .. ~ .. ,, ... The foregoing instrument Wa!J uek11owlc1iged ~fore~~~~'?-/;}~ •. , ,;:p-. f,.,,. '1fc V'f.s,<,_~:'> · 1• 79,by MARGARET C. SMITH. r~«\'"'~> .. <P_':,S-.;; ('··.._ dayi:;f May · ;/,01'-~io§'''P·· \ · . . · h /'I l--~-.r-:~/.;;S<,.,,q~{ ·. '•. • . My cumm1n1(<n e:q11res . , . :, .,::~ '[;~/.••· ",-":_,,':-~ ·• :,. Ul : , W1tne11~ m~o.nd '1d !!fieial s·f:!u!. <llE .. ~ ,,,·~ ·,._],,«'" ... 1',}/L,cµ;,..._ yf'. ~ ·;';,·~.-·, ·l ~·-+-~··-·---·-----------lk===============~?'~'~""<~..-=·:"._;·1·.J·····~:-°'"~··:.."-'' ~.-::.~-:! . .'~ N~111ry f't!bllc. 'a,!J,,,:{,....,jf i,£,;.,~.,'f;i:.'!I ~·: "'""' ~lh~I. tk .. ~n. c •. 1...-.. J" !!-7).l\'!IJl-H·H ·11; .. • • ! I i ' I I I ! ' ! I " -----·~--·----~- .\'/AL"~R I .K · K ·. B · N ·A· BOOK 528 1!G1543 t·:·"":• I"~'"••··• : . :. ···• l'AACJ::L N:). l A parcel of land situated in l.otB 9. 17 and 18 in Section 32. Tovnship 7 Southt Range 87 Yest of~ the Sixth Principal Meridian, lying southerly of the sooth~rly right-of-way line of State Hjgh~ay No. 82, said parcel of land is described as follows: Beginning at a point on the southerly ri&ht-of-~ay line of said highvay vhenee the S.E. corner of Section 33 of said 'fovn~hip and Range bears S~ 66"'06'.33" E. 704'-88 feett thence S. 01•12'00"l'i. 1601.06 feet to· a point on the southerly line of said Lot 17; thence S. 89*59'15" ti. 316.19 feet along the southerly line of said Lot 17 to the South..,est corner of said Lot 17; thence N. 01"'10'15" !.. ~44D58 feet along the vesterly line of szdd Lot 17 to the Northvest corner of said Lot 17 which is a point on the sooth~rly line of said Lot 9; thence N. a2•3a 1 00 11 w • 377.984 feet along the Southerly line of said Lot 9; thence N. 02,,.46 1 00° E. l3Z0.40 feet to a point on the southerly right-of 7way line of said State Highway; thence s. 11•22 1 0011 E. l4.99 feet along the southerly,. right-of-""ay line of said State Highway; thence S. 72•09•00 11 E~ 363.9S feet along the southerly right~of-vay line of said State High\.Tayj thence S~ 72•22°00" z .. 152. 77 feet along the southerly right-of-way line of said highvay; thence s. 72•oot37u E. 112.499 feet along the southerly right-of-way line of said State Highway; thence S. 12•16 1 33 11 E. 22.95 {; feet along the southerly right-of-\Jay line of said State liighvay to the point , 11 ' of beginning. :'/ 11 . · ~ llY The above described P•rcel of lan~ contains 22.96 acre.e Jnore or less. ,-'v · ·1· October 2, 1978 ullc>) r. '"'It• ~.,. .. $ Olti#;•d til\lftQtld l. hl;:i.., ,,. SCAJ!RO~ ANO ~ALKER/KXllNA, INC. 204 8th Street Glenwood Springs, CO 81601 , • .,,. \\o• ~~·· ~. l),o ....... C'1:'c s:-::-r.- :t1.t : ::-·tt':" ~· l k--w ...... IN:OtjlW><- Coni~!l·no f"'ll'"*'' latid s ... ,,.,,..,. ::: ~ .. -,, ~ .. _., '"" ··•<' "-. ·~= ""j • 1 •. : , '.i . ·, BOOK 528 P.IG154-! EXHIBIT B ·:· _.;.' "" ~· . '" ~ \\ ,., -, - A strip of land being 30 feet in width to be used for an access easement situaced in Lots 9 and 18 of Section 32~ Township 7 South. Range 87 West of the Sixth Principal Meridian~ Garfield County. Colorado, being 15 feet in width on each side of the following described c~nteTline: Beginning at the Northwest Corner of parcel of land containing 22.98 acres more or less whence the Southeast Corner of Section 33 in said Township and Range bears: S. 66°57 1 24° E. 6259.51 feet; thence S. 01°17'00'' W. 136.37 feet to a point on the center- line of said easement~ the True Point of B~ginning; thence along said centerline for the following twelve courses: N. 72°55 1 52'1 w. 22.96 feet; N. 4a•ooi 44 11 w. 75.71 f~et; N. 70°08'05" w. 150.99 feet; N. 73•14•49« W. 162.ll feet; M. 69°27'06'' W. 202.67 feet~ thence N. 68<J26'52*' W. 126.91 feet; thence N. 68°SB' 00 11 W. 172.36 feet; thence N~ 71<>56 1 42 11 H. 140.72 feet; thence N. 70 4 24 1 56 11 W. 107.11 feet; thence N. 60°12 1 43 11 Y. 80.10 feet; thence 48.99 feet along the arc of a curve to the left, having a radius of 66.27 feet and chord of which bears N. 40°32'35'' £. 47.08 feet; thence N. 19°21'50 11 E. 175~00 feet more or less to the southerly right-of-way line of State Highway Number 82. Hay 7, 1979 KKBNA/SCARROll AND 1001 Crand Avenue Glenwood Springs. llALICER, INC, co 81601 ..... .. , . ·"'.""'; ""· , NOTES: 1.) EXISTING SURVEY AND PROPOSED BUILDING INFORMATION PRO~DED BY HIGH COUNTRY ENGINEERS, INC. DATED MAY 2014. 2.) PRO~DE SEDIMENT CONTROL FENCE ALONG TOE OF SLOPES IN AREAS OF DISTURBANCE OR AROUND ENTIRE SITE AS PERIMETER FENCING. 3.) REFER TO THE DETAIL FOR CROSS SECTION OF ROADWAY AND DITCHES. 4.) DRIVEWAY SURFACE TO BE GRAVEL, WITH s• MINIMUM OF COMPACTED ROADBASE BASE COURSE. 5.) ROADWAY DRAINAGE SWALE TO ATIACHED TO ADJACENT LOTS SWALE AND CARRY ALONG HISTORIC DRAINAGE. 6.) PROPOSED ROADWAY WILL NEED TO FIELD FIT TO THE WEST CONNECTION POINT OF THE EXISTING ROADWAY LOCATION. 20 0 10 I c-::J --I I 1 I l GRAPHIC SCALE 20 .. I I ( IN FEET ) 1 incb = 20 ft. --- 80 I EXISTING DRIVEWAY -- /:\_ ................ .......... ( ----.:~~- / I '---- 2.0' SHOULDER NOTE: 8.0' LANE STRIP ALL TOPSOIL, SCARIFY AND RECOMPACT SUBGRADE TO A MINIMUM DEPTH OF a• TO 95" STANDARD PROCTOR 8.0' LANE 3" GRAVEL 3" e• CLASS 6 AGGREGATE BASE COURSE COMPACTED TO 95" STANDARD PROCTOR TYPICAL SEMI-PRIMITIVE ACCESS 50' GAS EASEMENT EXISTING FENCE LINE ~ 30' ACCES?'- EASEMENT N.T.S. \ \ \ \ \ \ 2.0· SHOULOER \ c •" \ \ 3" \ \ ~. I I I 1. \ \ I I I I • " 0 I I I \ OVERHEAD POWER HOLY CROSS EASEMENT \ \----\ EROSION LOG (TYP) .............................................................. EXISTING FENCE LINE ................. \ ............ .......................................................... "'J ) BUILDING !°'-........_~ENVELOPE I ........................... I ...... PROPERTY ........................... LINE-----\ L PROPOSED FLOWLINE EXISTING FENCE PROPERTY / LINE / I I I I I ............ \ ) I I /{ / \ \~ I I - EXISTING DRIVEWAY LEGEND --6305----- ------6302----- ------~,...._---~ -------<~~-----__ , ' , __ 2012 IFC 2.0" ~ r"\ IRE TRUCK TURNAROUND ............... PROPOSED GRAVEL SURFACE EXISTING PROPERTY BOUNDARY EXISTING EASEMENTS EXISTING MAJOR CONTOUR EXISTING MINOR CONTOUR PROPOSED MAJOR CONTOUR PROPOSED MINOR CONTOUR PROPOSED SWALE FLOlllLINE PROPOSED SLOPE PROPOSED EROSION LOG BUILDING ENVELOPE LOT 3 1 .1 8 Ac. + FOR AND ON BEHALF OF HIGH COUNTRY ENGINEERING. INC. "' w z > z Qo" w 5~ 00 g -o Cl"' u. -j;j j::..J I oO N:;: z 0 Nz f"" Cl -0 .o Jct 0 ° i=J'i 0 " =>z 00 ill J • . ..Jw -...,. <CO Ol 0 Ul >-aJ z 0 Ui ~ D:'. w t: 0 ci z • u z - "' 0 w u l.J...m ~ctOE >0<9J ~~~5 ~~~ffi lll0 :Em ~ ·w:E o~:r::UI UJOf-:E lll=>°'Cl woez z>-:i iiiWJ'IO :>"' <("' mO><:l o,u. 6"' _,w w ;i'Il><Cl wZ 0 :> PROJECT NO. 2141708.00 GR1 Revegetate all disturbed areas from road construction with drought tolarant dwarf native seed mix. Landscape Plan provided by: The Land Studio, Inc 365 River Bend Way Glenwood Springs, CO 81601 landstudio2@comcast.net 970-927-3690 AN D L A N D S C A P E P L A N NOTES: VAGNEUR MINOR SUBDIVISION \. I 1. BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF S0117'oo·w BETWEEN THE NORTHWEST CORNER ANO THE \\1TNESS CORNER TO THE SOUTHWEST CORNER OF THE PROPERTY, REBAR ANO CAPS L.S. #19598 IN PLACE. A PARCEL OF LAND SITUATED IN SECTION 32, T.7 S., R.87W. OF THE 6TH P.M. 2. DATE OF SURVEY: AUGUST 8, 2014. 3. LINEAR UNITS USED TO PERFORM THIS SURVEY WERE U.S. SURVEY FEET. 4. THIS SURVEY IS BASED ON RECEPTION NO. 394389 OF THE GARFIELD COUNTY CLERK ANO RECORDER'S OFFICE ANO CORNERS FOUND IN PLACE AS SHOWN. 5. THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTIRICTIONS, COVENANTS ANO EASEMENTS OF RECORD OR IN PLACE ANO EXCEPTIONS TO TITILE SHOWN IN THE TITILE COMMITIMENT PREPARED BY STIEWART TITILE GUARANTY COMPANY, DATED AUGUST 1, 2014 (ORDER NUMBER 01330-45409). 6. FLOOD PLAIN SHOWN HAS BEEN OETIERMINED BASED ON FLOOD ELEVATIONS ON THE PRELIMINARY FEMA FLOOD PLAIN MAPS FROM GARFIELD COUNTY. 7. OWNER OF RECORD' WAYNE VAGNEUR ANO LOIS M. VAGNEUR 60 FL YlNG FISH ROAD CARBONDALE, CO 81623 8. THE MINERAL RIGHTS ASSOCIATED \\1TH THIS PROPERTY MAY NOT BE TIRANSFERRED \\1TH THE SURF ACE ESTATE THEREFORE ALLOWING THE POlENllAL FOR NATURAL RESOURCE EXTRACTION ON THE PROPERTY BY THE MINERAL STATE OWNER(S) OR LESSEE(S). 9. CONTIROL OF NOXIOUS WEEDS IS THE RESPONSIBILITY OF THE PROPERTY OWNER. 10. NO LOT SHALL BE CONVEYlEO PRIOR TO COMPLETION OF DRIVEWAY IMPROVEMENTS THAT MEET COUNTY ANO FIRE CODES. 11. ALL RESIDENTIAL, AGRICULTURAL, AND ACCESSORY BUILDINGS ON LOTS 1 AND 3 MUST BE LOCATED WITHIN THE BUILDING ENVELOPE. CERTIFICATE OF TAXES PAID THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF TAXES AND ASSESSMENTS DUE AND PAYABLE AS OF --UPON ALL PARCELS OF REAL ESTATE DESCRIBED ON THIS PLAT ARE PAID IN FULL. DATED THIS ___ DAY OF __ _ ______, A.O., 20 __ GARFIELD COUNTY TREASURER TITLE CERTIFICATE TITLE CERTIFICATE I, -AN AGENT AUTHORIZED BY A TITLE INSURANCE COMPANY, DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO ALL LANDS SHOWN UPON THIS PLAT AND THAT TITLE TO SUCH LANDS IS VESTED IN WAYNE VAGNEUR AND LOIS M. VAGNEUR, FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES (INCLUDING MORTGAGES, DEEDS OF TRUST, JUDGMENTS, EASEMENTS, CONTRACTS AND AGREEMENTS OF RECORD AFFECTING THE REAL PROPERTY IN THIS PLAT), EXCEPT AS FOLLOWS: DATED THIS ___ DAY OF __ _ ------o A.D., 20_ TITLE COMPANY: STEWART TITLE AGENT COUNTY COMMISIONERS' CERTIFICATE BASED UPON THE REVIEW AND RECOMMENDATION OF THE GARFIELD COUNTY DIRECTOR OF COMMUNITY DEVELOPMENT, THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, HEREBY APPROVES THIS MINOR SUBDIVISION PLAT THIS DAY OF _, A.D., 20 _ _, FOR FILING WITH THE CLERK AND RECORDER OF GARFIELD COUNTY AND FOR CONVEYANCE TO THE COUNTY OF THE PUBLIC DEDICATIONS SHOWN HEREON, SUBJECT TO THE PROVISION THAT APPROVAL IN NO WAY OBLIGATES GARFIELD COUNTY FOR THE FINANCING OR CONSTRUCTION OF IMPROVEMENTS ON LANDS, PUBLIC ROADS, HIGHWAYS OR EASEMENTS DEDICATED TO THE PUBLIC, EXCEPT AS SPECIFICALLY AGREED TO BY THE BOARD OF COUNTY COMMISSIONERS BY SEPARATE RESOLUTION. CHAIRMAN, BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO WITNESS MY HAND AND SEAL OF THE COUNTY OF GARFIELD. ATTEST: COUNTY CLERK SURVEYOR'S CERTIFICATE I, FRANK W. HARRINGTON, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STA TE OF COLORADO, THAT THIS PLAT IS A TRUE, CORRECT AND COMPLETE PLAT OF, VAGNELJR MINOR SUBQIVISION AS LAID OUT, PLATTED, DEDICATED AND SHOVv'N HEREON, THAT SUCH PLAT WAS MADE FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME, OR UNDER MY SUPERVISION, AND CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS AND STREETS AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE SUBDIVISION OF LAND. IN WITNESS WHEREOF, I HAVE SET MY HAND AND SEAL THIS __ _ DAY OF FRANK W. HARRINGTON, L.S. #19598, CFedS COUNTY SURVEYOR'S CERTIFICATE APPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF SURVEYS, CALCULATIONS OR DRAFTING, PURSUANT TO C.R.S. § 38-51-101 AND 102, ET SEQ. DATED THIS ___ DAY OF ·---·---------• A.D., 20 __ . GARFIELD COUNTY SURVEYOR CERTIFICATE OF MORTGAGE HOLDER EXECUTED THIS ___ DAY OF ________ _, A.D., 20_. OWNER ADDRESS' NATIONSTAR MORTGAGE CUSTOMER SERV1CE OEPARTIMENT 350 HIGHLAND DRIVE LEWISVILLE, TX 75067 STATE OF COLORADO SS COUNTY OF GARFIELD ) ___ A.D., 20_ TIHE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME TIHIS __ DAY OF A.D., 20__, BY MY COMMISSION EXPIRES' WITNESS MY HAND AND OFFICIAL SEAL. (SEAL) COUNTY OF GARFIELD, STATE OF COLORADO - I I I r- 1 I I I I - BASIN DITCH (APPROX.) - I I I I REBAR & CAP L.S. #19598 FND. I I I I I I I I I I I I I REBAR & CAP L.S. #19598 FND. (\\1TINESSED 656.00') I I I I \ ~~ I ~ ' I "- I "- I "'-~ I ~ I '-.._J . ~RFTA RIGHT-OF-WAY l '<"' {APPROX.) I "'- I ~ I L GRAPHIC SCALE REBAR & CAP L.S. #19598 FND. 13.56' (TIE) 305.52' BUIJllNO ENVELOPE LQI..l. 1Jll AD. :I: :r 15' UTILITY ~ EASEMENT '~ ,-----........_ ' ( '~ "' a ' '~ ""'"'~( ' - , __ ,, LOT1'-- 9.367 Ac.± - - - - LOT POINT OF BEGINNING· TIE FROM SE COR. SEC. 33: N6546'27"W 6673.89' s 17"47'00" w 68.52 REBAR & CAP L.S. #19598 SET (TYP.) 30' ACCESS EASEMENT REC. NO. 348847 BUILDING ENVELOPE REBAR & CAP L.S. #19598 FND. _.-4" PVC PIPE ! 15' UTILITY EASEMENT '~, WATER VALVE L CISTERN~~ , __ _ -··-. REBAR & CAP L.S. #19598 FND. (WITNESSED 427.91') 2-...... Ac.± ____: :--:-_ .. -. . ___ ,....._ LOT 3 6.459 Ac.± -- * ... P ELIMINA Y NOV. 11, 2014 -- NOTARY PUBLIC -nl•~·w•~"-l~j---~-1 ------T NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHO\\tl HEREOOI. ( IN FEET ) 1 inch = 100 fl. CERTIFICATE OF DEDICATION AND OWNERSHIP VICINITY MAP SCALE' 1" ~ 2000' THE UNDERSIGNED WAYNE AND LOIS M. VAGNEUR, BEING SOLE OWNERS IN FEE SIMPLE OF ALL THAT REAL PROPERTY SITUATED IN GARFIELD COUNTY, DESCRIBED AS FOLLOWS' A PARCEL OF LAND SITUATED IN LOTS 9, 17 AND 18 IN SECTION 32, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH P.M. LYING SOUTHERLY OF THE SOUTHERLY RIGHT OF WAY LINE OF STATE HIGHWAY NO. 82 AND NORTHERLY OF THE SOUTHERLY LINE OF SAID LOT 17 SAID PARCEL OF LAND IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTIHERLY RIGHT OF WAY LINE OF SAID HIGHWAY NO. 82 WHENCE THE SOUTIHEAST CORNER OF SECTION 33 IN SAID TOWNSHIP AND RANGE BEARS S65"46'27"E 6673.89 FEET; THENCE S17"47'00"W 68.52 FEET; THENCE S54'57'00"E 275.40 FEET; THENCE S61"53'00"E 141.97 FEET; THENCE S0117'00"W 1196.30 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 17; THENCE S89"59'15"W 693.89 FEET ALONG THE SOUTHERLY LINE OF SAID LOT 17; THENCE N0117'00"E 1601.06 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF SAID HIGHWAY; THENCE S7216'33"E 128.37 FEET ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SAID HIGHWAY; THENCE S72"07'00"E 244.626 FEET ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SAID HIGHWAY TO THE POINT OF BEGINNING. CONTAINING 22.655 ACRES, MORE OR LESS, HAVE CAUSED THE DESCRIBED REAL PROPERTY TO BE SURVEYED, LAID OUT, PLATTED AND SUBDIVIDED INTO LOTS AND BLOCKS AS SHOWN ON THIS PLAT UNDER THE NAME AND STYLE OF VAGNEUR MINOR SUBDIVISION, A SUBDIVISION IN THE COUNTY OF GARFIELD. THE OWNERS DO HEREBY DEDICATE AND SET APART ALL OF THE STREETS AND ROADS AS SHOWN ON THE ACCOMPANYING PLAT TO THE USE OF THE PUBLIC FOREVER, AND HEREBY DEDICATE TO THE THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE LABELED AS UTILITY EASEMENTS ON THE ACCOMPANYING PLAT AS PERPETUAL EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES, IRRIGATION AND DRAINAGE FACILITIES INCLUDING, BUT NOT LIMITED TO, ELECTRIC LINES, GAS LINES AND TELEPHONE LINES, TOGETHER WITH THE RIGHT TO TIRIM INTIERFERING TIREES ANO BRUSH, ~TH PERPETUAL RIGHT OF INGRESS ANO EGRESS FOR INSTALLATION ANO MAINTIENANCE OF SUCH LINES. SUCH EASEMENT AND RIGHTS SHALL BE UTILIZED IN A REASONABLE AND PRUDENT MANNER. ALL EXPENSE FOR STREET PAVING OR IMPROVEMENTS SHALL BE FURNISHED BY THE SELLER OR PURCHASER, NOT BY THE COUNTY OF GARFIELD. EXECUTED THIS __ DAY OF -A.D., 20_. OWNER ADDRESS: WAYNE AND LOIS M. VAGNEUR 60 FL YING FISH ROAD CARBONDALE, CO 81623 STATE OF COLORADO ) : SS COUNTY OF GARFIELD ) THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWl...EDGED BEFORE ME THIS __ DAY OF BY WAYNE VAGNEUR AND LOIS M. VAGNEUR. MY COMMISSION EXPIRES: WITNESS MY HAND AND OFFICIAL SEAL. (SEAL) NOTARY PUBLIC CERTIFICATE OF MORTGAGE HOLDER EXECUTED THIS __ DAY OF ___, A.D., 20_. OWNER ADDRESS: U.S. BANK NATIONAL ASSOCIATION CONSENT TO PLAT PROCESSOR 1850 OSBORN AVENUE. OSHKOSH, WI 54902 STA TIE OF ) : SS COUNTY OF _____ ) THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS ___ DAY OF A.D., 20 _ _, BY MY COMMISSION EXPIRES: WITNESS MY HAND AND OFFICIAL SEAL. {SEAL) NOTARY PUBLIC CLERK AND RECORDER'S CERTIFICATE THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO, AT ___ O'CLOCK ___ , ON THIS __ DAY OF 20 _ _, AND IS DULY RECORDED AS RECEPTION NO. CLERK AND RECORDER BY: DEPUTY _, A.D., 20_, z 0 ~ 0: d z PROJECT NO. 2141708.00 1OF1