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1.0 Application
• • • BEFORE THE BOARD OF COUNTY COMMISSIONER OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984, the undersigned, (7, ,; N C Rii /,c (/i 4/, respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of acre tract of land into y/ tracts of approximately 75-- , acres each, more or less, from the definitions of "subdivision" and "subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30- 28-101 (10) (a) - (d) and the Garfield County Subdivision Regulations for the reasons stated below: A/� SUBMITTAL REQUIREMENTS: An application which satisfied the review criteria must be submitted with all the following information: A. Sketch map at a minimum scale of 1 "=200' showing the legal description of the property, dimension and area of all lots or separate interests to be created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities; and B. Vicinity map at a minimum scale of 1"=2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy of U. S. G. S. quadrangle map may be used; and C. Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant; and D. Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees of minerals owners of record of the property to be exempted, and tenants of any structure proposed for conversion; and E. Evidence of the soil types and characteristics of each type; and F Proof of legal and adequate source of domestic water for each lot created, method of sewage disposal, and letter of approval of fire protection plan from appropriate fire district; and G. If connection to a community or municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve; and H. Narrative explaining why exemption is being requested; and 1. • • I. It shall be demonstrated that the parcel existed as described on January 1, 1973 or the parcel as it exists presently is one of not more than three parcels created from a larger parcel as it existed on January 1, 1973. J. A $300.00 fee must be submitted with the application. Petitioner Mailing Address City -�� 174 s- a State { / 35' Telephone Number EXEMPTION APPLICABILITY The Board of County Commissioners has the discretionary power to exempt a division of land from the definition of subdivision and thereby from the procedure in these Regulations, provided the Board determines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The Board shall make exemption decisions in accordance with the requirements of these regulations. Following a review of the individual facts of each application in light of the requirements of these Regulations, the Board may approve, conditionally approve or deny an exemption. An application for exemption must satisfy, at a minimum, all of the review criteria listed below. Compliance with the review criteria, however, does not ensure exemption. The Board also may consider additional factors listed in Section 8:60 of the Subdivision Regulations. A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973. In order to qualify for exemption, the parcel as it existed on January 1, 1973, must have been 35 acres or greater in size at that time and not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad), preventing joint use of the proposed tracts, and the division occurs along the public right-of- way, such parcels thereby created may, at the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable. For the purposes of definition, all tracts of land 35 acres or greater in size, created after January 1, 1973 will count as parcels of land created by exemption since January 1, 1973. 2. s All Garfield County zoning requirements will be met; and C. All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained; and D. Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot. Proof of a legal supply shall be an approved substitute water supply plan contract; augmentation plan; an approved well permit; legally adjudicated domestic water source or a contract for a permanent legal supply of domestic water to be hauled from an outside site for a cistern. Proof of the physical supply from a well for the public meeting, may be documentation from the Division of Water Resources that demonstrates that there are wells with 1/4 mile of the site producing at least five (5) gallons/minute. Prior to the signing of a plat, all physical water supplies using a well shall demonstrate the following: 1) That a four (4) hour pump test be performed on the well to be used; 2) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; 4) A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; 5) An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6) If the well is to be shared, a legal, well sharing agreement which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs. 7) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. For water supplies based on the use of cistern, the tank shall be a minimum of 1000 gallons. E. Method of sewage disposal, and a letter of approval of the fire protection plan from the appropriate fire district; and F. All state and local environmental health and safety requirements have been met or are in the process of being met; and G. Provision has been made for any required road or storm drainage improvements; and H. Fire protection has been approved by the appropriate fire district; and 3. • • I. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and J. School fees, taxes and special assessments have been paid. (The school impact fee is $200.00 for each lot created) PROCEDURES A. A request for exemption shall be submitted to the Board on forms provided by the Garfield County Planning Department. Two (2) copies of the application, maps and supplemental information shall be submitted. B The Planning Department shall review the exemption request for completeness within eight (8) days of submittal. If incomplete, the application shall be withdrawn from consideration and the applicant notified of the additional information needed. If the application is complete, the applicant shall be notified in writing of the time and place of the Board of County Commissioners meeting at which the request shall be considered. In either case, notification shall occur within fifteen (15) days of submittal. C. Notice of the public meeting shall be mailed by certified mail, return receipt requested, to owners of record of land immediately adjoining and within 200 feet of the proposed exemption, to mineral owners and lessees of mineral owners of record of the land proposed for exemption, and to tenants of any structure proposed for conversion. The exemption site shall be posted clearly and conspicuously visible from a public right-of-way with notice signs provided by the Planning Department. All notices shall be mailed at least fifteen (15) and not more than thirty (30) days prior to the meeting. The applicant shall be responsible for mailing the notices and shall present proof of mailing at the meeting. D. At or within fifteen (15) days of the meeting, the Board shall approve, conditionally approve or deny the exemption request. The reasons for denial or any conditions of approval shall be set forth in the minutes of the meeting or in a written resolution. An applicant denied exemption shall follow the subdivision procedures in these regulations. 4. HILLTOP FARM 7880 309 Road Rifle, Colorado 81650 Mr. Eric D. McCafferty Garfield County Planner 109 8th. Street, Suite 303 Glenwood Springs, Colorado 81601 Dear Sir: Enclosed please find a request for exemption which we are submitting on the following land and for the following reasons: 1. This will provide homesites for a neice and for hired help. 2. It will provide some added income for ranching and to help support our retirement as, due to failing health, we cannot handle the burden of .farming adequately without help. 3. This is land which will not affect the agricultural production of the surrounding land and remaining ranch. Its best use is home sites with trees, shrubs and hilly land all in place. 44. It fits into the overall planning and zoning of Garfield County. 5. These lots will have individual wells, septic tanks and leach fields. Area is not located in a flood plane. 6. It has access to and from County Road 329 to all 1 • • of the area requested and, also, it is within the Rifle Rural Fire District and is served with electricity from Holy Cross Rural Electric Association. Enclosed is a copy of the Deed, also Soil Conservation soild maps, the U. S. West Telephone is to property line. There is an existing well that is adequate with Greem Mountain Water contract for augmentation water. We can also use West Divide Water Conservation District augmentation water. We feel this request for variance fits into the overall planning and zoning for Garfield County and will appreciate your reveiw of this application. Sincerely. Carl H. Bernklau 0 II Dye' II ' I \ III /`ooh 11 995' l� 0009 \ / 495' 0095' • Lq 8q 8 Eo & Eq N 2 NATIONAL CO m n co co Z NATIONAL MK i)■ r ■■ice .■■: ■Orr 1psilL4,09.iiiitimil;III Elit It 1T- EN 1.111M milorEMU ileSritrAIII 1 \IIIMIMMEr Mier,"moi'/!/al�s �. � ° 7 VIMINCES� ' iroSNA■■• ay/L ► & ) �� rl�f M1.'21'NNSald4i,;dLM 1Vif.SF 4 Yak'.. : Ci a�'■B! kilt% call iii ,ffi4= 1 • CRifle cFire cProtection ctlistrict Box 1133 • Rifle, Colorado • 81650 Garfield County Planning Department 109 8 Street Suite 303 Glenwood Springs, CO 81601 May 19, 1994 Dear sirs, The Rifle Fire Protection District has spoke with Mr. Carl Bernklau about the proposed subdivision of his property on County Road 329. The Fire District approves of this sub -division at this time, but would like to continue to be involved in the development of this sub -division so as to insure it is accessible by emergency equipment and to address any additional wild fire concerns. If you have any questions feel free to contact me at 625-1243 or by mail at: R.F.P.D. Post Office Box 1133, Rifle, CO 81650. Sincerely, Mike Morgan Fire Marshal Rifle Fire Protection District • • THINGS TODAY TO DO... DATE 4.-- -e?- 1. 2. CT) COMPLETED Cr) H D _ 13. 14. 15. [11 CURRY 1 - DOWNTOWN 23 Harrison Avenue 769-2679 CURRY 11 - NORTHSIDE 1031 W. 23rd Street at Airport Road 785-3411 CURRY ON THE BEACH 8102 W. Hwy. 98 234-6101 CURRY EASTSIDE 222-A S. Tyndall Parkway PRINTING & COPY CENTERS 769-9236 OFFSET PRINTING • XEROX COPYING • TYPESETTING • GRAPHICS • OFFICE SUPPLIES Eich 3 1 1N REPLY REFER TO: E-400 • United States Department of the Interior BUREAU OF RECLAMATION EASTERN COLORADO PROJECTS OFFICE P.O. BOX 449 LOVELAND, COLORADO 80539-0449 Mr. Carl Bernklau Hilltop Farm 7880 309 Road Rifle CO 81650 P i. 0 1990 Subject: Green Mountain Water Service Contract No. 0-07-60-W0551 - Hilltop Farm - Carl H. and Norma R. Bernklau (Water Service Contract) Dear Mr. Bernklau: ■ TAKEas PRIDE IN s AMERICA ti■mm immismommo ammommili um EN • Enclosed is one fully executed original of the subject contract for water service from Green Mountain Reservoir. Please submit your payment of $252 for water service through June 30, 1991, payable to Bureau of Reclamation, Great Plains Region. We will submit all future correspondence to the contractor's address in Article 10. Please send all correspondence for the Bureau of Reclamation concerning contract administration to: Project Manager Bureau of Reclamation Eastern Colorado Projects Office PO Box 449 Loveland CO 80539-0449 If you have any questions concerning this contract, please write this office or call Don Quakenbush at (303) 667-4410. Sincerely, Thomas A. Gibbens Chief, Water and Land Operations Division Enclosure CARL H. OR NORA RUTH BERNKLAU 7-48 HILIrTOP FARM 7880 COUNTY RD. 309 625-1235 RIFLE, CO 81650 PAY TO THE ORDER Of 19� 82-108/ Central Bank Glenwood 'rnSrin802 swk co slsol National Association mapx454421 $-Asa'`' 4.L UNITED STATES DEPARTMENT OF INTERIOR DIV VEND -ID BUREAU OF RECLAMATION 16 P2056 1 PAGE:, 1 OF 2 DOCUMENT -ID BD90560W0551A BILL FOR COLLECTION BILL DATE: 06/01/99 DUE DATE: 07/16/99 MAIL TO: BUREAU OF RECLAMATION FILE NO. 31550 P.O. BOX 60000 SAN FRANCISCO, CA 94160-1550 PAYER: HILLTOP FARM CARL H BERNKLAU 7880 COUNTY ROAD 309 RIFLE CO 81650 DESCRIPTION AMOUNT DUE $252.00 FOLD HERE 000 BILLING IN ACCORDANCE WITH CONTRACT NO. 0-07-60-W0551, DATED AUGUST 30, 1990, FOR THE DELIVERY OF GREEN MOUNTAIN WATER DURING YEAR 10 (JULY 1, 1999 - JUNE 30, 2000). ARTICLES 3.A.(1) & 4.B. - 37 AF (IRRIGATION) @ $6.00 = $222.00 ARTICLES 3.A.(2) & 4.C. - 3 AF (MUNIC AND DOM) @ $10.00 = 30.00 $252.00 PLEASE REFER TO THE ATTACHED NOTICE WHICH BECOMES A PART OF THIS BILL. IF YOU HAVE ANY QUESTIONS REGARDING THIS BILL, PLEASE CALL JULIE SWANDA OF LOVELAND AT (970) 962-4369. CC: EASTERN COLORADO AREA OFFICE, LOVELAND, CO S Recieved from: JOHN C. KRT & CO. _ GA\D ULAOATOJS 4asNORTH AVENUE • PHONE 242-7618 • GRAND JUNCTION, COLORADO o1so1 -' RECEIVED JAN 2 8 n�� �uUW ANALYTICAL REPORT J & M Pump Co. Rick (970)945-6159 8611 - 117 Road Glenwood Springs, CO 81601 Customer 2528 water Laboratory No. Sample oaten � u 12/10/99 e'�« Date Reported 1/3/2000 Sample 2528 252� MH - 36593-A MN36593-B Total Suspended Solids -/ 133 mg/1 189 mg/1 Nitrate(N) 0.42 mg/1 0.13 mg/1 Sample Total Suspended Solids Nitrate(N) 2530 MH - 36593-C 32.5 mg/1 1.26 mg/1 Method Date tested TSS EPA 160.2 12/23/99 N ASTMD3869-908 12/22/99 Director: B. Bauer RECEIVED JAN 2 8 20011 J & M PUMP COMPANY 0241 COUNTY ROAD 167 GLENWOOD SPRINGS, CO 81601 (303) 945-6159 December 9, 1999 Carl Bernklau 7880 Co Rd 309 Rifle, Co 81650 RE: Well Samples Attn: Carl, The three monitoring wells listed below are adequate for 3 to 5 persons per household per well. This is indicated by the well test results. The following indicates the hardness of each well: MH -36593-A 26 Grains Hardness MH -36593-B 28 Grains MH -36593 C 28 Grains Lab results will be forwarded for the suspended solids and nitrates as soon as I recieve them. Thank You. J & M Pump Co. /2 70 46/ Richard A. Holub Lic. No. 1196 • oldanpydo�Uev.�mi m 3 { gryll, LPO BOX 17 3 DEC ` v•�'iiL'ii L:R Nov J Q9 0 0 I 1 8100 LOWRY BOULEVARD LABORATORY & RADIATION SERVI� ik DENVER, CO 80220-6928 DENVER, CO 80217 BACTERIOLOGY SAMPLE INFORMATION: 0 COMMUNITY 0 NON -COMMUNITY PRIVATE 0 ROUTINE 0 RAW 0 REPEAT FOR THE MONTH OF / 0 SPECIAL PURPOSE 0 FINISHED 4i NAME OF SYSTEM PWS ID MG/{ CIjJ�.ORINE RE (DUAL / ADDRESS CI- ORDERED BY: (SAMPLE MAY NOT BE TESTED IF ALL INFORMATI N IS NOT PROVIDED), COUNTY HONE FEE STAMP LAB 106 (07/97) NAME / /:l/ ADDRESS /' L. CITY/STATE/ZIP TEST ORDERED C91&- 'e<7 ISTD BACT. 0 OTHER 411/ fJ� DATE IME BY AM COLLECTED /full C 2 ❑ PM % r' / / ❑ AM RECEIVED ❑ PM RESULTS: SEE REVERSE FOR EXPLANATION TOTAL COLIFORM XrPRESENT 0 ABSENT MOST PROBABLE NO. c f COLIFORM/100ML keA.\ aqsc hQ t-,vt 0 DENVER 0 DU GO ANALYST RD. JCT. REI VED L r r n J & M PUMP COMPANY 0241 COUNTY ROAD 167 GLENWOOD SPRINGS, CO 81601 (303) 945-6159 October 1, 1999 Carl Bernklau 7880 Co Rd 309 Rifle, Co 81650 RE: Well Test MH -36593-B Attn: Carl, A four hour well test was performed on this new well. The following results were obtained: Well Depth: Pump Set: Water Level: Drawdown: Sustained Yeild: Clarity: Recovery: 195' 193' 156'6" 1'6" 15 GPM Clear 99% within 9 minutes If you have any questionplease call, 945-6159. Thank You. J & M Pump Co a•-ko/',A) /44a Richard A Holub Lic. No 1196 GARFIELD COUNTY PLANNING DEPART ENT 109 STH ST. •• SUITE 303 00 j a SPRANG'S, CO 8W1 2 1999 • RECEIVE EC 0 2 1999 vVELL CONSTRUCTION AND TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER FOR OFFICE USE ONLY 1. _ WELL PERMIT NUMBER MH -36593-B 2. Owner Name(s) : Carl Bernclau Mailing Address : 7880 309 Rd City, St. Zip : Rifle, Co. 81650 Phone (970) 625-1235 APPROVAL # GWS31-91-03 3. WELL LOCATION AS DRILLED: SE 1/4 NW 4 Twp. 1/4 Sec. 07S Range 94W DISTANCES FROM SEC. LINES: ft. from Sec. line. and ft. from Sec. line. OR SUBDIVISION : LOT BLOCK FILING(UNIT) STREET ADDRESS AT WELL LOCATION : 4. GROUND SURFACE ELEVATION ft. DRILLING METHOD Air Rotary DATE COMPLETED 09/24/99 TOTAL DEPTH 200 ft. DEPTH COMPLETED 195 ft. 5. GEOLOGIC LOG : 6. HOLE DIAM. (in) FROM (ft) TO (ft) Depth Type of Material (Size, Color, and Type) 9.0 0 28 000-170 Clays, Volcanic Rocks 6.5 28 195 170-200 Gravels, clays 5. 195 200 7. PLAIN CASING OD (in) Kind Wall Size From (ft) To (ft) 7.0 Steel 0.24 -1 28 5.5 Steel 0.188 23 170 PERF. CASING : Screen Slot Size : 5.5 Steel .188 170 195 WATER LOCATED : 175+ REMARKS 8. Filter Pack Material : Size : Interval : 9. Packer Placement Type : Depth : i�' � �FIa�.'LD COUNTY 10. GROUTING RECORD : _.,\ dN NC DEPARTMENT `A Material Amount Density Interval Placement i �� H ST. - S)U3TE 303 cement 3 sks 16 gal 8-28 poured GLEN WOOD SPRING,LC,gr16f�1,-, .,�. rt -.4 ci'r; r 2 reg 11. DISINFECTION : Type : HTH Amt. Used : 2 oz. 12. WELL TEST DATA : [ ] Check Box If Test Data is Submitted On Supplemental Form. TESTING METHOD : Air Compressor Static Level : 160 ft. Date/Time Measured : 09/24/1999 Production Rate : 20 gpm. Pumping Level : Total ft. Date/Time Measured : 09/24/1999 Test Length : 2 hrs. Remarks : 3 1 have read the statements made herein and know the contents thereof, 13. perjury in the second degree and is punishable as a class 1 misdemeanor.) CONTRACTOR : Shelton Drilling Corp. Mailing Address : P.O. Box 1059 Ba and that they are true to my knowledge. (Pursuant to Section 24-4-10.4 (13)(a) CRS, the making of false statements constitutes Phone : (970) 927-4182 alt CO. 81621 Lic. No. 109 Name / Title (Please Type or Print) Wayne Shelton / President Signature Date 09/24/99 GARFIELD COUNTY PLANNING DEPARTMENT 109 STH ST. - SUITE 303 SPRINGS CO )1 RECEIVED DEC Name : c/o : Address : City, St, Zip : Phone # : 0 2 1999 • Shelton Drilling Corp. P.O. Box 1059 Basalt, Colo. 81621 (970) 927-4182 Lic. # 1095 Carl Bernclau (4) 7880 309 Rd Rifle, Co. 81650 (970) 625-1235 RECEIVED DEG 0 2 1999 Invoice # C-1470 Date : 09/24/99 Permit # : Location : Spruce Ck Hole Size Depth Type Casing ID Casing OD From -To 9.0 28 Steel 6.5 7.0 0-28 6.5 195 Steel 5.0 5.0 23-195 Perforated Ft : 20 ft Estimated : 15 gpm Static Level : 160 ft Total Drilled : 200 ft Recommended Pump Set Depth 190 Ft. Pumping 15 GPM. For Pump Installation We Recommend : Aqua Tec Pump 984-0311 (Tom Platzer) Samuelson Pump 945-6309 (Raun Samuelson) J & M Pump Co 945-6159 (Rick Holub) Special Instructions : Price Per Foot : 190 Feet @ $ 23.00 0 Feet @ $ 0.00 Per Foot = $ 0.00 Per Foot = $ 4,370.00 Conditions Of Payment : Total Invoice $ 4,370.00 nay $ 0.00 PLEASE READ THE FOLLOWING RECOMMENDATIONS 1. * WE STRONGLY RECOMMEND A VALID PUMP TEST BE CONDUCTED BY A LICENSED PUMP INSTALLER TO DETERMINE THE ACTUAL WELL PRODUCTION AND WATER QUALITY. THIS SHOULD ESTABLISH THE ACTUAL WELL PRODUCTION PARAMETERS WHICH WE CANNOT DETERMINE WHILE DRILLING. 2. On Monitoring/Observation Holes (test holes) it is the customer's responsibility to obtain the proper permit before the well is put to beneficial use (within one year) or the State may require the hole be plugged and abandoned. We will be happy to assist you whenever possible in filling out the appropriate well application. 3. The landowner is ultimately responsible for the plugging and abandoning of dry holes or replaced wells, according to State Rules and Regulations. Please contact us for details and/or prices. 4. ALL INVOICES DUE AND PAYABLE WITHIN 10 DAYS OF INVOICE DATE, UNLESS PRIOR ARRANGE- MENTS ARE MADE. A 1.5% HANDLING CHARGE PER MONTH MAY BE ADDED 15 DAYS FROM FIRST BILLING. ncr n Please call us if you have any questions .' THANK YOU:,:ANG DEPARTMENT (lI ST. - SUITE 303 ^LENV/OOD STRINGS, CO e1.ti0'1 .nd roc SAMPLE INFORMATION: LABORATORY & RADIATION SERVICES 8100 LOWRY BOULEVARD DENVER, CO 80220-6928 US MA PO BO DENVER, CO 80217 WATER Nniu BACTERIOLOGY 19300103 tq Y /- 1� ❑ COMMUNITY 0 NON -COMMUNITY .FS.J PRIVATE 0 ROUTINE 0 RAW 0 REPEAT FOR THE MONTH OF ❑ SPECIAL PURPOSE 0 FINISHED PWS ID gtenk NAME OF SYSTEM ADDRESS CITY MG/L WLORINE RE,SYDUAL/ /i71 / �G l COUNTY ORDERED BY: (SAMPLE MAY NOT BE TESTED IFA INFORMATION IS NOT PROVIDE (L77) FEE STAMP LAB 106 (07/97) /72 HI1�9 NAME V7 Vii/4//- E ADD DATE /J TIME COLLECTED //9 /0. / RECEIVED BY�--� PM x 7,4 ❑ AM ❑ PM RESULTS: SEE REVERSE FOR EXPLANATION TOTAL COLIFORM ❑ PRESENT ❑ ABSENT MOST PROBABLE NO l O 1 COLIFORM/100ML CIT STATE/ZIP/ /t e/be9/ ❑ DENVER 0 TEST ORDERED TD BACT. 0 OTHER ANALYST RECEIVED DEC 0 2 1999 GRD. JCT. J & M PUMP COMPANY 0241 COUNTY ROAD 167 GLENWOOD SPRINGS, CO 81601 (303) 945-6159 September 30, 1999 Carl Bernklau 7880 Co Rd 309 Rifle, Co 81650 RE: Well Test MH -36593-C Attn: Carl, A four hour well test was performed on this neww well. The following results were obtained: Well Depth: 190' Pump Set: 187' Water Level: 146'4" Drawdown: 3'8" Sustained Yeild: 15 GPM Clarity: Clear Recovery: 99% within 12 minutes If you have any questions, please call, 945-6159. Thank You. J & M Pump Co. Richard A. Holub Lic. No 1196 Ej- RECEIVED DEC 1999 • IkCEIVG© DEC L 2 1999 WELL CONSTRUCTION AND TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER FOR OFFICE: USE ONLY APPROVAL # GWS31-91-03 1. WELL PERMIT NUMBER MH -36593-C 2. Owner Name(s) : Carl Bernclau Mailing Address : 7880 309 Rd City, St. Zip : Rifle, Co. 81650 Phone (970) 625-1235 3. WELL LOCATION AS DRILLED: SE 1/4 NW 1/4 Sec, 4 Twp. 07S Range 94W DISTANCES FROM SEC. LINES: ft. from Sec. line. and ft. from Sec. line. OR SUBDIVISION : LOT BLOCK FILING(UNIT) STREET ADDRESS AT WELL LOCATION : 4. GROUND SURFACE ELEVATION ft. DRILLING METHOD Air Rotary DATE COMPLETED 09/27/99 TOTAL DEPTH 190 ft. DEPTH COMPLETED 190 ft. 5. GEOLOGIC LOG : 6. HOLE DIAM. (in) FROM (ft) TO (ft) Depth Type of Material (Size, Color, and Type) 9.0 0 30 000-150 Clays, Volcanic Rocks 6.5 30 190 150-190 Gravels, clays 7. PLAIN CASING OD (in) Kind Wall Size From (ft) To (ft) 7.0 Steel '0.24 -1 30 5.5 Steel 0.188 23 155 PERF. CASING : Screen Slot Size 5.5 Steel .188 155 190 WATER LOCATED : 150+ REMARKS : 57?'"LD COUNTY P)LAi: N3 DEPARTMENT 109 8TH ST. - SUITE 033 GLENWOOD S; iiNGS, CO 81601 riq 0 2 �Q 8. Filter Pack Material: Size : Interval : 9. Packer Placement Type : Depth : 10. GROUTING RECORD : Material Amount Density Interval Placement cement 3 sks 16 gal 10-30 poured L. 11. DISINFECTION : Type. ^- - Amt. Used : 2 oz. 12. WELL TEST DATA : [ ] Check Box If Test Data is Submitted On Supplemental Form. TESTING METHOD : Air Compressor Static Level : 146 ft. Date/Time Measured : 09/27/1999 Production Rate : 15 gpm. Pumping Level Total ft. Date/Time Measured : 09/27/1999 Test Length : 2 hrs. Remarks : 13. I have read the statements made herein and know the contents thereof, perjury in the second degree and is punishable as a class 1 misdemeanor.) CONTRACTOR : Shelton Drilling Corp. Mailing Address : P.O. Box 1059 Ba and that they are true to my knowledge. (Pursuant to Section 24-4-104 (13)(a) CRS, the making of false statements constitutes Phone : (970) 927-4182 alt. CO. 81621 Lic. No. 1095 Name / Title (Please Type or Print) Wayne Shelton / President Signature Date 09/24/99 Name : c/o : Address : City, St, Zip : Phone # : • •t,ECEVED nEc Shelton Drilling Corp. P.O. Box 1059 Basalt, Colo. 81621 (970) 927-4182 Lic. # 1095 Carl Bernc au (4) 7880 309 Rd Rifle, Co. 81650 C970) 625-1235 Invoice # C-1470 Date : 09/24/99 Permit # : Location : Spruce Ck Hole Size Depth Type Casing ID Casing OD From -To 9.0 28 Steel 6.5 7.0 0-28 6.5 195 Steel 5.0 5.0 23-195 ,, 1 Perforated Ft : 20 ft Estimated : 15 gpm Static Level : 160 ft Total Drilled : 200 ft Recommended Pump Set Depth 190 Ft. Pumping 15 GPM. For Pump Installation We Recommend : Aqua Tec Pump 984-0311 (Tom Platzer) Samuelson Pump 945-6309 (Raun Samuelson) J & M Pump Co 945-6159 (Rick Holub) Special Instructions : Price Per Foot : 190 0 Feet @ $ 0.00 Per Foot = $ 0.00 Feet @ $ 23.00 Per Foot = $ 4,370.00 Conditions Of Payment : Total Invoice $ 4,370.00 pay $ 0.00 PLEASE READ THE FOLLOWING RECOMMENDATIONS 1. * WE STRONGLY RECOMMEND A VALID PUMP TEST BE CONDUCTED BY A LICENSED PUMP INSTALLER TO DETERMINE THE ACTUAL WELL PRODUCTION AND WATER QUALITY. THIS SHOULD ESTABLISH THE ACTUAL WELL PRODUCTION PARAMETERS WHICH WE CANNOT DETERMINE WHILE DRILLING. 2. On Monitoring/Observation Holes (test holes) it is the customer's responsibility to obtain the proper permit before the well is put to beneficial use (within one year) or the State may require the hole be plugged and abandoned. We will be happy to assist you whenever possible in filling out the appropriate well application. 3. The landowner is ultimately responsible for the plugging and abandoning of dry holes or replaced wells, according to State Rules and Regulations. Please contact us for details and/or prices. 4. ALL INVOICES DUE AND PAYABLE WITHIN 10 DAYS OF INVOICE DATE, UNLESS PRIOR ARRANGE- MENTS ARE MADE. A 1.5% HANDLING CHARGE PER MONTH MAY BE ADDED 15 DAYS FROM FIRST BILLING. Please call us if you have any questions . THANK YOU Glenda Deparanatt p, +ad e�+namoenkbe LABORATORY 8, RADIATION SERVICES 8100 LOWRY BOULEVARD DENVER, CO 80220-6928 POO BO US M,3 9 DENVER, CO 80217 WATER N BACTERIOLOGY SAMPLE INFORMATION: ❑ COMMUNITY 0 NON -COMMUNITY N PRIVATE 0 ROUTINE VRAW 0 REPEAT FOR THE MONTH OF 0 SPECIAL PURPOSE 0 FINISHED ♦ , I." - NAME OF SYSTEM PWS ID ADDRESS ORDERED BY: (SAMPLE MAY NOT BE TESTED 1F FEE STAMP / - CFiC10RINE R IDUA�MG/L CITY COUNTY INFORMATION IS NOT PROVIDED) L/.' y% NAME HONE Y 2 39 0 0512 2 DATE TIME BY COLLECTED AM PM ❑ AM RECEIVED _LL � PM RESULTS: SEE REVERSE FOR EXPLANATION TOTAL COLIFORM D PRESENT 0 ABSENT MOST PROBABLE NO. COLIFORM/100ML ADDRESS 'ft /17 / LAB 106 (07/97) CITY/ STATE /ZIP S TEST ORDERED STD BACT 0 OTHER RECEIVED DEC 0 2 1999 0 DENVER�q' ❑ DUFp1p1G0 �% Ley GRD. JCT. ANALYST ✓,�1�C1// / "o; Date 09/24/99 0 TO (ft) 4 • WELL CONSTRUCTION AND TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER WELL PERMIT NUMBER MH -36593-A Carl Bernclau 7880 309 Rd Rifle, Co. 81650 (970) 625-1235 WELL LOCATION AS DRILLED:DISTANCES FROM SEC. LINES: ft. from SUBDIVISION : STREET ADDRESS AT WELL LOCATION : Owner Name(s) : Mailing Address : City, St. Zip : Phone DEC C 2 199(' SE 1/4 NW 1/4 Sec. 4 Sec. line. and GROUND SURFACE ELEVATION DATE COMPLETED 09/23/99 FOR OFFICE USE ONLY APPROVAL # GWS31-91-03 Twp. 07S Range 94W ft. from LOT BLOCK Sec. line. OR FILING(UNIT) ft. DRILLING METHOD Air Rotary TOTAL DEPTH 226 ft. DEPTH COMPLETED 5. GEOLOGIC LOG : Depth 000-141 141-226 Type of Material (Size. Color, and Type) Clays, Volcanic Rocks Gravels, clays 6. HOLE DIAM. (in) 9.0 226 ft. 6.5 7. PLAIN CASING FROM (ft) 28 28 226 OD (in) Kind Wall Size 7.0 Steel 0.240 From (ft) -1 To (ft) 5.5 Steel 0.188 23 28 200 PERF. CASING : Screen Slot Size : WATER LOCATED : 200+ REMARKS : RECEIVED DEC 0 2 1999 GAR"wELO COUNTY _�q PLANNING i.�3::iP e e�MENT ft �i E 3n , S:RN ^. CO �y1 „n . DISINFECTION : Type : HTH 5.5 Steel .188 200 226 R Gii+. . lD....1. _ Material : Size : Interval: 10. GROUTING RECORD : . Packer Placement Type : Depth : Material Amount Density Interval Placement cement 3 sks 16 gal 8-28 poured WELL TEST DATA : () Check Box If Test Data is Submitted On Supplemental Form. TESTING METHOD : Air Compressor Static Level : 198 ft. Date/Time Measured : Pumping Level : Remarks : Total ft. Date/Time Measured : 09/23/1999 09/23/1999 I have read the statements made herein and know the contents thereof, and that they are true to my knowled perjury in the second degree and is punishable as a class 1 misdemeanor.) 'ONTRACTOR : Shelton Drilling Corp. Jailing Address : P.0_ BQX 1059 Ba alt. CO. 81621 tme / Title (Please Type or Print) Signature /gyne Shelton / President Amt. Used : 2 oz. Production Rate : Test Length : 10 gpm. 2 hrs. (Pursuant to Section 24-4-104 (13)(a) CRS. the making of false statements constitutes Phone : (970) 927-4182 Name : c/o : Address : City, St, Zip : Phone # : 411 WECEVEL !gal Shelton Drilling Corp. P.O. Box 1059 Basalt, Colo. 81621 (970) 927-4182 Lic. # 1095 Carl Bernclau (3) 7880 309 Rd Rifle, Co. 81650 (970) 625-1235 Invoice # C-1468 Date : 09/23/99 Permit # : Location : Spruce Ck Hole Size Depth Type Casing ID Casing OD From -To 9.0 28 Steel 6.5 7.0 0-28 6.5 226 Steel 5.0 5.0 23-226 Recommended Pump Set Depth 220 Ft. Pumping Perforated Ft : 25 ft * Estimated : 10 gpm Static Level : 198 ft Total Drilled : 226 ft 15 GPM. For Pump Installation We Recommend : Aqua Tec Pump 984-0311 (Tom Platzer) Samuelson Pump 945-6309 (Raun Samuelson) J & M Pump Co 945-6159 (Rick Holub) Special Instructions : Price Per Foot : 220 Feet @ $ 23.00 Per Foot = $ 5,060.00 0 Feet @ $ 0.00 Per Foot = $ 0.00 Total Invoice $ 5,060.00 Conditions Of Payment : pay $ 0.00 PLEASE READ THE FOLLOWING RECOMMENDATIONS 1.* WE STRONGLY RECOMMEND A VALID PUMP TEST BE CONDUCTED BY A LICENSED PUMP INSTALLER TO DETERMINE THE ACTUAL WELL PRODUCTION AND WATER QUALITY. THIS SHOULD ESTABLISH THE ACTUAL WELL PRODUCTION PARAMETERS WHICH WE CANNOT DETERMINE WHILE DRILLING. 2. On Monitoring/Observation Holes (test holes) it is the customers responsibility to obtain the proper permit before the well is put to beneficial use (within one year) or the State may require the hole be plugged and abandoned. We will be happy to assist you whenever possible in filling out the appropriate well application. 3. The landowner is ultimately responsible for the plugging and abandoning of dry holes or replaced wells, according to State Rules and Regulations. Please contact us for details and/or prices. 4. ALL INVOICES DUE AND PAYABLE WITHIN 10 DAYS OF INVOICE DATE, UNLESS PRIOR ARRANGE- MENTS ARE MADE. A 1.5% HANDLING CHARGE PER MONTH MAY BE ADDED 15 DAYS FROM FIRST BILLING. RE:CL.v ED EZ, 0 2 199 Please call us if you have any questions . THANK YOU RECEIVED Drck2" 11NTY DEPARTMENT 109 <. a H ST. - SUITE 303 GLENOOD SPRINGS, CO 81601 J & M PUMP COMPANY 0241 COUNTY ROAD 167 GLENWOOD SPRINGS, CO 81601 (303) 945-6159 September 30, 1999 Carl Bernklau 7880 Co Rd 309 Rifle, Co 81650 RE: Well Test MH -36593-A Attn: Carl, A four hour well test was performed on this new well. The following results were obtained: Well Depth: Pump Set: Water LEvel: Drawdown: Sustained Yeild: Clarity: Recovery: 226' 223' 198'4" 9" 15 GPM Clear 99% within 8 minutes If you have any questions, please call, 945-6159. Thank You J & M Pump Co. W,ehay/,4 / `%I i/ Richard A. Holub Lic. No. 1196 RECD EL DEC 199` ,... eg S. Cl9{4o./ewe, CO Name : c/o : Address : City, St, Zip : Phone # : • --/ 02,E Shelton Drilling Corp, (JWfLJ (��' P.Q. Box 1059 Basalt, Colo. 81621 (970) 927-4182 Lic. # 1095 Carl Bernklau 7880 County Road 309 Rifle, Co. 81650 (97Q) 625-1235 Invoice # 0-1028 Date : 02/28/97 Permit # : MH -30044 Location : Taughenbaug hole Size 9.0 6.5 5.0 Depth Type Casing ID Casing OD From -To 25 160 Steel Steel 6.5 5.0 7.0 5.0 0-25 18-160 170 Perforated Ft : 30 ft Estimated : 5-10 gpm Static Level : 90 ft Total Drilled : 170 ft Recommended Pump Set Depth 155 Ft. Pumping 10 GPM. For Pump Installation We Recommend : Aqua Tec Pump 984-0311 (Tom Platzer) Samuelson Pump 945-6309 (Raun Samuelson) J & M Pump Co 945-6159 (Rick Holub) Special Instructions : Price Per Foot : 150 Feet @ $ 23.00 Per Foot = $ 3,450.00 Feet @ $ - Per Foot = $ Conditions Of Payment : Total Invoice $ 3,450.00 pay $ PLEASE READ THE FOLLOWING RECOMMENDATIONS 1.* WE STRONGLY RECOMMEND A VALID PUMP TEST BE CONDUCTED BY A LICENSED PUMP INSTALLER TO DETERMINE THE ACTUAL WELL PRODUCTION AND WATER QUALITY. THIS SHOULD ESTABLISH THE ACTUAL WELL PRODUCTION PARAMETERS WHICH WE CANNOT DETERMINE WHILE DRILLING. 2. On Monitoring/Observation Holes (test holes) it is the customers responsibility to obtain the proper permit before the well is put to beneficial use (within one year) or the State may require the hole be plugged and abandoned. We will be happy to assist you whenever possible in filling out the appropriate well application. 3. The landowner is ultimately responsible for the plugging and abandoning of dry holes or replaced wells, according to State Rules and Regulations. Please contact us for details and/or prices. 4. ALL INVOICES DUE AND PAYABLE WITHIN 10 DAYS OF INVOICE DATE, UNLESS PRIOR ARRANGE- MENTS ARE MADE. A 1.5% HANDLING CHARGE PER MONTH MAY BE ADDED 15 DAYS FROM FIRST BILLING. Please call us if you have any questions . THANK YOU RECEIVED jGL 9 1999 Form No. 2/VS-25 APPLICANT OFFICE OF THE SPATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 PAUL A BERNKLAU 0939 CR 329 RIFLE CO 81650- (970) 625-0750 PERMIT TO USE AN EXISTING WELL 1 1095 WELL PERMIT NUMBER 049368 DIV. 5 CNTY. 23 WD 45 DES. BASIN MD Lot: A Block: Filing: Subdiv: SPRUCE CREEK APPROVED WELL LOCATION GARFIELD COUNTY NW 1/4 NE 1/4 Section 4 Twp 7 S RANGE 94 W 6th P.M. DISTANCES FROM SECTION LINES 1290 Ft. from North Section Line 2330 Ft. from East Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDf11ONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance3of 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. The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedl Reservoir Is in effect, or under an approved plan for augmentation. WDWCD contract #970815PCB(a). Approved for the installation of a pump in, and the use of, an existing well, constructed on February 26, 1997, to a depth of 170 feet, under monitoring hole notice MH -30044, acknowledged February 13, 1997. 5) The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling, the irrigation of not more than 6,000 square foot (0.14 of an acre) of home gardens and lawns, and the watering of domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is located on a 7.75 acre parcel described as lot A, Spruce Creek, Garfield County Exemption resolution 97-52. 6) The maximum pumping rate shall not exceed 15 GPM. 7) The annual of amount of ground water to be appropriated shall not exceed one (1) acre-foot (325,850 gallons). 8) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 9) The well shall be located within 200 feet of the location specified on this permit. 10) The owner shall mark the well in a conspicuous place with well permit number(s) and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. APPROVED TLC State Engineer Receipt No. 0422868 DATE ISSUED DEC 2 2 1997 BEXP DATE EC 22 19 IN REPLY REFER TO: E-400 • p/AV('cla /Y-11 cuuz �,� iC��a3i fru c b -'ad Tili;�s ■ , PRIDE 114— AMERICA ■■. em milmommi al I. ■ United States Department of the Interior BUREAU OF RECLAMATION EASTERN COLORADO PROJECTS OFFICE P.O. BOX 449 LOVELAND, COLORADO 80539-0449 Mr. Carl Bernklau - Hilltop Farm 7880 309 Road Rifle CO 81650 E_ N 7 0 1990 Subject: Green Mountain Water Service Contract No. 0-07-60-W0551 - Hilltop Farm - Carl H. and Norma R. Bernklau (Water Service Contract) Dear Mr. Bernklau: Enclosed is one fully executed original of the subject contract for water service from Green Mountain Reservoir. Please submit your payment of $252 for water service through June 30, 1991 payable to Bureau of Reclamation, Great Plains Region. We will submit all future correspondence to the contractor's address in Article 10. Please send all correspondence for the Bureau of Reclamation concerning contract administration to: Project Manager Bureau of Reclamation Eastern Colorado Projects Office PO Box 449 Loveland CO 80539-0449 If you have any questions concerning this or call Don Quakenbush at (303) 667-4410. Sincerely, Thomas A. Gibbens Chief, Water and Land Operations Division Enclosure contract, please write this office CARL H. OR NORA RUTH BERNKLAU 7-48 HILLTOP FARM 7880 COUNTY RD. 309 625-1235 RIFLE, CO 81650 PAY TO THE ORDER OF 8, Central Bank Glenwood •020.4A'.., Springs °....I cosq•, co Pool Natbnal AasoCiatIon )S44-6.421 /, i i DIV VEND -ID 6 P2056 1 UNITED STATES DEPARTMENT OF INTERIOR BUREAU OF RECLAMATION PAGE:, 1 OF 2 DOCUMENT -ID BD90560W0551A BILL FOR COLLECTION BILL DATE: 06/01/99 DUE DATE: 07/16/99 MAIL TO: BUREAU OF RECLAMATION FILE NO. 31550 P.O. BOX 60000 SAN FRANCISCO, CA 94160-1550 PAYER: HILLTOP FARM CARL H BERNKLAU 7880 COUNTY ROAD 309 RIFLE CO 81650 DESCRIPTION AMOUNT DUE $252.00 FOLD HERE 000 BILLING IN ACCORDANCE WITH CONTRACT NO. 0-07-60-W0551, DATED AUGUST 30, 1990, FOR THE DELIVERY OF GREEN MOUNTAIN WATER DURING YEAR 10 (JULY 1, 1999 - JUNE 30, 2000). ARTICLES 3.A.(1) & 4.B. - 37 AF (IRRIGATION) @ $6.00 = $222.00 ARTICLES 3.A.(2) & 4.C. - 3 AF (MUNIC AND DOM) @ $10.00 = 30.00 $252.00 PLEASE REFER TO THE ATTACHED NOTICE WHICH BECOMES A PART OF THIS BILL. IF YOU HAVE ANY QUESTIONS REGARDING THIS BILL, PLEASE CALL JULIE SWANDA OF LOVELAND AT (970) 962-4369. CC: EASTERN COLORADO AREA OFFICE, LOVELAND, CO CONTRACTED SERVICE 3. a. The Contractor hereby contracts for 40 acre-feet of water service annually from Green Mountain Reservoir as follows: (1) 37 acre-feet of water for irrigation use. (2) 3 acre-feet of water for municipal and domestic use. (3) O acre-feet of water for Category A industrial use. (4) 0 acre-feet of water for Category B industrial use. The United States agrees to provide such water service subject to the terms and conditions of this contract. The United States shall not enter into any contract that will result in the total amount of water marketed from the Reservoir exceeding the marketable yield in effect at that time; Provided, That the United States reserves the right to make short-term sales of water from the Reservoir as long as such sales do not impinge upon the Contractor's entitlement to take delivery of the water contracted for herein. There shall be no right to carryover storage of undelivered water contracted for herein from year to year. b. The 20,000 acre-foot marketable yield of the Reservoir is based on the assumptions and conditions incorporated in the supporting hydrology studies documented in the report entitled, "Green Mountain Water Sales Hydrology," dated September 15, 1988. The marketable yield may vary depending on changes in future operating conditions. In the event any of the assumptions and conditions incorporated in the supporting hydrology 8 IN WITNESS WHEREOF, the parties have executed this contract the day and year first above written. 28 THE UNITED STATES OF AMERICA D.S. LAUV�., By '`%..�Cfi� ;a>Du Regional-'b'rector Bureau of Reclamation Great Plains Region CARL H. AND NORA RUTH BERNKLAU Carl H. Bernklau a R. Bernklau i • CONTRACTED SERVICE 3. a. The Contractor hereby contracts for 40 acre-feet of water service annually from Green Mountain Reservoir as follows: (1) 37 acre-feet of water for irrigation use. (2) 3 acre-feet of water for municipal and domestic use. (3) 0 acre-feet of water for Category A industrial use. (4) 0 acre-feet of water for Category B industrial use. The United States agrees to provide such water service subject to the terms and conditions of this contract. The United States shall not enter into any contract that will result in the total amount of water marketed from the Reservoir exceeding the marketable yield in effect at that time; Provided, That the United States reserves the right to make short-term sales of water from the Reservoir as long as such sales do not impinge upon the Contractor's entitlement to take delivery of the water contracted for herein. There shall be no right to carryover storage of undelivered water contracted for herein from year to year. b. The 20,000 acre-foot marketable yield of the Reservoir is based on the assumptions and conditions incorporated in the supporting hydrology studies documented in the report entitled, "Green Mountain Water Sales Hydrology," dated September 15, 1988. The marketable yield may vary depending on changes in future operating conditions. In the event any of the assumptions and conditions incorporated in the supporting hydrology 8 • • IN WITNESS WHEREOF, the parties have executed this contract the day and year first above written. THE UNITED STATES OF AMERICA i D.S. LAUV t By/�'�/2GC�it ,umg Regional-Ab'rector Bureau of Reclamation Great Plains Region 28 CARL H. AND NORA'/f RUTH BERNKLAU Carl H. Bernklau 1 1' ornra R. Bernklau Mc r c -i ��4s k �� "?J•5 Rev. 76 - • COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 RECEi v ED Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. FEB 1.7 1987 PERMIT APPLICATION FORM (X-) A PERMIT TO USE GROUND WATER (X) A PERMIT TO CONSTRUCT A WELL wow mum FOR: (X) A PERMIT TO INSTALL A PUMP STAR- 8161Mill COLL ( ) REPLACEMENT FOR NO (N) OTHER WATER COURT CASE NO � •: �?rte (1) APPLICANT - mailing address NAME G(`( f7 • 4 /tioi iea(-6 &f7.4)/c/a‘ STREET 7M) /CL/ 309 CITY 1 /� Co (State) TELEPHONE NO (Zip) 2S- (2) LOCATION OF PROPOSED WELL County I 0/-74eriC-f % of the % Section 7 Twp. 7 S Rng. ( SIJ, P.M. N,S! E,WI (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) /`S Average annual amount of ground water to be appropriated (acre-feet): 2( Number of acres to be irrigated: Proposed total depth (feet) : C / Aquifer ground water is to be obtained from: Ct (o K (Ve V ,01n2 ( Cy Owner's well designation GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY - no irrigation (0) ( DOMESTIC (1) ( ) INDUSTRIAL (5) ('C) LIVESTOCK (2) ( ) IRRIGATION (6) ( ) COMMERCIAL (4) ( ) MUNICIPAL (8) ( ) OTHER (9) DETAIL THE USE ON BACK IN (11) (4) DRILLER C X(S{-(K Name /G /6/f.-47' ud / Street City (State) (Zip) Telephone No. Lic. No FOR OFFICE USE ONLY: DO NOT WRITE-IN THIS COLUMN Receipt No Basin Dist. CONDITIONS OF APPROVAL 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. 1) APPROVED FOR CORRECTION OF THE LOCATION OF THE WELL CONSTRUCTED UNDER PERMIT 123436. ISSUANCE OF THIS PERMIT CANCELS PERMIT 123436. 1) APPROVED PURSUANT TO CRS 37-92-602 (3)(b)(II) AS THE ONLY WELL ON A TRACT OF LAND OF zfo ACRES DESCRIBED AS 5E%y A./IA.-1,i SEC NT. 7s•t?. `R cLi P,ii7. 3) THE USE OF GROUNDWATER FROM THIS WELL IS LIM- ITED TO ORDINARY HOUSEHOLD PURPOSES INSIDE ONE SINGLE FAMILY DWELLING, FIRE PROTECTION, THE WATERING OF POULTRY, DOMESTIC ANIMALS, AND ON FARMS AND RANCHES,THE TION OFCK NOT OVER ONE ACRE OF HOMEND GARDENIRRIGA- S AND AWT THE RETURN FLOW FROM THE USE OF THE WELL MUST BE THRU AN INDIVIDUAL WASTE WATER DISPOSAL SYSTEM OF THE NON - EVAPORATIVE TYPE WHERE THE WATER IS RETURNED TO THE SAME STREAM SYSTEM IN WHICH THE WELL IS LOCATED. 7». m 2 -S APPLICATION APPROVED 147020 PERMIT NUMBER DATE ISSUED MAR 0 21(987 EXPIRATION DATE 1 1118 0 2 1989 BY I.D. INEEV) COUNTY -2 J WJR-2677 i • " COLORADO DIVISION OF WATER RESOURCES THIS FORM MUST BE SUBMITTED 1313 Sherman Street - Room 818 WITHIN 60 DAYS OF COMPLETION Denver, Colorado 80203 OF THE WORK DESCRIBED HERE- ON. TYPE OR PRINT IN BLACK WELL COMPLETION AND PUMP INSTALLATION REPORT INK. PERMIT NUMBER 147'.) WELL OWNER =t. Ruth Bernklau ADDRESSHilltoP 1-,. Tciu'J 399 Rd. Rif1e,CD1A. 8165() DATE COMPLETED , 19 WELL LOG From To Use a Type and Color of Material TOTAL DEPTH dditional pages necessary to complete log. Water Loc. SE Y4 of the .. Y4 of Sec 'x T. 7 , R. (44 (, P M HOLE DIAMETER in from 0 to 20 ft in from 20 to 200 ft. in from to ft DRILLING METHOD CASING RECORD: Plain Casing Size i & kind 3tce1 from to _ ft Size :,_ & kind :Plastic from ;_ to 200 j ft Size & kind from to ft Perforated Casing Size(," & kind ,lastic from 1,!:,)' t(:)';4 ft Size & kind from to ft Size _— & kind from to ft GROUTING RECORD Material Intervals Placement Method GRAVEL PACK: Size Interval TEST DATA Date Tested 4-20 , 19 86 Static Water Level Prior to Test 165 ft Type of Test Pump Submersible Length of Test 3 hours Sustained Yield (Metered) 15 Gal. per. min. Final Pumping Water Level PUMP INSTALLATION REPO - Pump Make Type Bcrlcicy Submcroiblc cicctric Powered by electricity HP 1 Pump Serial No. Motor Serial No. Date I nstal leo ct_•an6 Pump Intake Depth 195' Remarks WELL TEST DATA WITH PERMANENT PUMP Date Tested 9__20_36 Static Water Level Prior to Test 165' Length of Test 3 Hours Sustained yield (Metered) 1.5 GPM Pumping Water Level Remarks 20(f 5V s>, • TOTAL DEPTH • • • DEPTH TO • • i w 3 J WATER ILI > TABLE w Q J fn -- _113_`-- z o, 1.80' CONE OF DEPRESSION CONTRACTORS STATEMENT The undersigned, being duly sworn upon oath, deposes and says that he is the contractor of the well or pump installation described hereon; that he has read the statement made hereon; knows the content thereof, and that the same is true of his own knowledge. Signature License No State of Colorado, County of SS Subscribed and sworn to betore me this day of , 19 My Commission expires: , 19 Notary Public FORM TO BE MADE OUT IN QUADRUPLICATE: WHITE FORM must be an original copy on both sides and signed. WHITE AND GREEN copies must be filed with the State Engineer. PINK COPY is for the Owner and YELLOW COPY is for the Driller. • 111 Recorded at o'cloelc M., Reception No Recorder. KNOW ALL MEN BY THESE PRESENTS, That James ?'.Latham of the County of Me s a , and State of Colorado, All for the consideration;o?&;dollar and other good and • valuable consideration ,fir in hand paid, hereby sell and convey Nora Ruth Bernklau of the County of Garfield , and State of Colorado, the following real property, situate in the County of Garfield and State of Colorado, to -wit: The SW* of Section 4 in Township 7 South, Range 94 West of the 6th P.M., less and except 3.12 acres, more or less, as a road right of way to Garfield County,Colorad as described in deed of record in Book 159 at page 108 thereof, of the records of Garfield County, Colorado; together with all of grantors' right, title and interes in and to the Dillman Spring, the Dillman Spring Ditch,the Dillman Ditch,the Dill— man Ditch from Cache Creek, the Rudolph Anderson Ditch,their extensions and Enlarg menta, and any and all other ditch or water rights used upon or connected with the above described land,. Also conveys the SB of NW of Section 4 in Township 7 South,RangP 94 West of the 6th P.M.,less and except .8 of an acre of a road right of way to Garfield County, Colorado, as described in deed of record in Book 159 at page 110 thereof, of the records of said Garfield County, Colorado;together with all ditch and water right usedupon and in connection with said lands,especially the Reeves Springs located ': upon said land. Containing in all 196.08 acres,more or lass. to Carl H. Bernklau and Recorder's Stamp with all its appurtenances, and warrant the title to the same, subject to the taxes for the year 1964 and thereafter. 11 11 II II ( / by —41 000009 • 00 g5 S'9 F W 2 NATIONAL M l[) r - T CO m O Compiled 1979 NATIONAL z m 0 1- W N 111 z > i c y w eL LL O w O r > m J cc a U Q o vi a Q K O O U D (!) w z 0 00 aA 0 Q z O Q Q aW z N Q W a C7 � 0 cn E -i Qi a CO 1 111 a) 1111151r IMMIA , liF`M1i±J � 1 ir�`j �11V11► l��lt �� ��� ,j!tMI \‘ ...ia0.-.40.61:10° NEA Fill IID .��'©, Awn it."'"MaiNirAzip, 0 Im V.„41 A7 \ ME RIO BLANCO I O ON � a 4- 0 0 I ; c0 a a F NATIONAL a— o O Na ZZ wO; ° IN ¢ 1 W a w E m= a— N N .7... N N '2 N v m N 31132133i34135,36 l z �� ►MM®iii I P1%.4i4q111 - 111 7' k I. ...._a 41 0 Lill -v,f )5151. 041.,_____J 2 iti;E: I %44° 111 NRS m m 4, .- M m e 0 o,'`r Jt 1 r I • • CRIfle CFIre cProtection cDistrict Box 1133 • Rifle, Colorado • 81.650 Garfield County Planning Department 109 8 Street Suite 303 Glenwood Springs, CO 81601 May 19, 1994 Dear sirs, The Rifle Fire Protection District has spoke with Mr. Carl Bernklau about the proposed subdivision of his property on County Road 329. The Fire District approves of this sub -division at this time, but would like to continue to be involved in the development of this sub -division so as to insure it is accessible by emergency equipment and to address any additional wild fire concerns. If you have any questions feel free to contact me at 625-1243 or by mail at: R.F.P.D. Post Office Box 1133, Rifle, CO 81650. Sincerely, ,"7-i. Mike Morgan Fire Marshal Rifle Fire Protection District -CI( 6 caL� 6e101A, CarAJ 30-3 16 /.6 V'. 794. • Piral‘iAN-4114' )flAr14- 1;)'°\ RECEIVED MAR 2 41999 n P Recorded at.. o'clock 111., Reception No KNOW ALL MEN BY THESE PRESENTS, That James '.'.Latham of the County of Me s a , and State of Colorado, for the consideration ;o Dollar and other good and valuable consideration in hand paid, hereby sell and convey Nora Ruth Bernklau to Carl H. Bernklau and of the County of property, situate in the Garfield County of Garfield Tho SW* of. Section 4 in Township 7 South, Range 94 West of the 6th P.M., leas and except 3.12 acres, more or less, as a road right of way to Garfield County,Colora,d as described in deed of record in Book 159 at page 108 thereof, of the records of Garfield County, Colorado; together with all of grantors' right, title and interes in and to the Dillman Spring, the Dillman Spring Ditch,the Dillman Ditch,the Dill— man Ditch from Cache Creek, the Rudolph Anderson Ditch,their extensions and Enlarg ments, and any and all other ditch or water rights used upon or connected with the above described land. Also conveys the SD* of NW* of Section 4 in Township 7 South,Rangp 94 West of the 6th P.M.,less and except .8 of an acre of a road right of way to Garfield County, Colorado, as described in deed of record in Book 159 at page 110 thereof, of the records of said Garfield County, Colorado;together with all ditch and water right usedupon and in connection with said lands,enpecially the Reeves Springs located .,, upon said land. Containing in all 196.08 acres,more or lass. Recorder. Recorder's Stamp , and State of Colorado, the following real and State of Colorado, to -wit: with all its appurtenances, and warrant the title to the same, subject to the taxes for the year 1964 and thereafter. Signed and delivered this 29th day of December in the presence of STATE OF COLORADO County of Mesa. a4144.0- , A. D. 19 64. Cti' Yf1 (SEAL) (SEAL) (SEAL) } ss. The foregoing instrument was acknowledged before me this 1s 64 • by* James W. Latham. Witness my hand and official seal My commission expires January 13th, 1966. 29th day of December „..„-„Az // Notary Public. ',If by natural person or persons here Insert name or names;; if by person acting 1n representative or official capacity or as cor- poration, then inthen sert namert name of of such personofficeror officers, executor, srthe president orot or other other offioe spof isuchrcorporat ton, naming officer Statutory Acknowledgment, Session 1987. No. 897. WARRANTY DEED—Statutory Form.—Bradford-Robinson Ptg. Co., Mfrs. Robinson's Legal Blanks, 1824-46 Stout St., Denver, Colorado Account R247129 Min NI Owner Name/A BERNKLAU, CARL H. & NORA RUTH Year 1999 District 024 7880 COUNTY ROAD 309 RIFLE CO 81650-9666 Apr Dist St A Land AC/SF 433.370 Parcel Number 240504200071 MH Space Sequence Street No Dir No# Street Name Type Location City ? RIFLE Location Zip 81650 Acct Type Lagt BACode Owner Id Owner Location Map No Business Name Name Situs Mobile Tract Condo Block Sales Misc (M) Tax Items Pre/Suc Remarks Tax Sale Spec As Mines Sibling Flags Protest (T) Mobile Aut Value Railroads Control History CAMA (A) Personal (P Oil and Gas e? Twn? Bik/Lot 59.050000) Condo?1 Se? Sales?J Legal Description SECT,TWN,RNG:4-7-94 DESC: SW1/4, S2NW, LOTS 2(40.22AC), 3(40.38AC), 4(40.52) DESC: SEC 5: NESE. 6-94 SEC 33: SWSE. EXCEPT A TR CONT DESC: 7.75 AC IN LOT 2 & SWNE OF SEC. 4 AS DESC IN DESC: 1040/543. BK:0568 PG:0037 BK:0693 PG:0048_BK:0662 PG:0522 BK:0568 PG:0037 Version 19990422001 V, Date 22 -APR -99 V. Time 02:24 PM ID RD Appl ECAM Land Actual 7,590 Land Assessed 2,200 Land AC/SF 433.370 Impry Actual 30,590 Imp Assessed 3,360 Square Feet 0 Exempt Actual 0 Exempt Assess 0 New Version 19990428000 Total Actual 38,180 Total Assess 5,560 Current Year Prior Version Go To Imaging Prior Year Ne(x)t Version Abatement Next Year Clerk's Doc's Property Card Update Clear Exit B . k 2$6 Page 54.0 Filed for record the_ 1 Z __day of Reception No.. 190992 --- • CC, Aug__, A. D. /9_5 (at__1' 1�'clock_g M. • Cha s. S. Keegan RECORDER. By DEPUTY. TOS A eeb, Made this 28th day of February in the year of our Lord one thousand nine hundred and Fifty -f ive between - - - J. R. LATHAM - - '- - of the County of Garfield and State of Colorado, of the first part, and CARL H. BERNKLAU and NORA RUTH BERNKLAU of the County of Garfield and State of Colorado, of the second part; Witnesseth, That the said .Part y . of the first part, for and in consideration of the sum of - FIVE THOUSAND FIVE HUNDRED AND N0/100 - = - -DOLLARS, to the said part y of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents do brant, bargain, sell, convey and confirm, unto the said parties of the second part, not in tenancy in common but in point tenancy, the survivor of them, their assigns and the heirs and assigns of such survivor forever, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to -wit: The SW4, Sec. 4, Tp. 7 S., R. 94 W., 6th P.M., less and except 3.12 acres,moresr less, as a road right of way to Garfield County, Colorado, as described in deed o record in Book 159 at Page 108 thereof, of the records of Garfield County, Colora Together with all of grantors' right, title and interest in and to the Dillman Spring, the Dillman Spring Ditch, the Dillman Ditch from Cache Creek, the Rudolph Anderson Ditch, their extensions and enlargements, and any and all other ditch or waterrighter fused, upon or connected with the above described lands. Also conveys the SE*NW4, Sec. L, Tp. 7 S., R. 94 W., 6th P.M., less and except .8 of an acre of a'road right of way to Garfield County, as described in deed of record in Book 159 at Page 110 thereof, of the records of said Garfield County, Colorado, together with all ditch and water rights used upon and in connection with said lands, especially the Reeves Spring located upon said land. Contains g in all 196.08 acres, more or less. . .Pn ��'��—ter H����• a Il ^��,rtU� Y y (y E 8;Q u tt .���.�. ' /0 0E4° ! Gni L'IT get ivr th" all ands ar a ere Z taments and appurtenances thereunto belonging, or in anywise apper- . taining, and the reversion an reversions, remainder and remainders, rents, issues and profits thereof; and all the ,estate, right, title,` interest, claim and demand whatsoever of the said part y of the first part; either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. To Have and to Hold the said premises above bargained and described, with theappurtenances, unto 'the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor forever. And the said parlr of the first part, for him sel f, his heirs, executors, and administrators, do es covenant, grant, bargain and agree to and with the, said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, that at the time of the ensealing and delivery of these presents, well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha 8 good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever, and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the survivor of them; their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully' claiming o'to. claim the whole or any part thereof, the said part of the first part shall and will WARRANT AND FOREVER DEFEND. In Witness Whereof, The said parof the first part ha s hereunto set his hand � and seal the day and year first above -written. Signed, Sealed and Delivered in the Presence of } < -g /e J. R. Latham gN .. ... , STATE OF COLORADO, Counts of Garfield ledged before me' this <' 28th day of February 19 by* 57.A' R„ Latham The foregoing instrument was acknow- Witness my hand and official seal. AtIv.my. uomr fission expires September 15, '195 Notary Public. 1 •If acting in official or representative capacity, insert name and also office or capacity and for whom acti , . • 500-B-P—Revised WARRANTY DEED /0 JOINT TENANTS—Out West Printing and Stationery Co., Colorado Springs, Colo. !aa 1AY- 6"1999 tARHELD CQUNTY COMMCSIONEA ROUTE1 Johri El Larry o Walt ,v5c4t 1'1 17 1.1 21 ?2 CA/4131:1D GL • c2_ ,2ctz 064 74,ca c-0( e _D-oc PM ij 1,9f id • „ti d,Q_JJ (Litt 714 - (-71--4Q )14, 74 62/ 6 o)i )7Z6 Ayj -7 1,-k .4,tk t 1 bx3i-eei Pe, -'467 /g- • • • • HILLTOP FARM 7880 309 Road Rifle, Colorado 81650 May 8, 1999 John Barbee, Senior Planner Garco Building & Planning Department 109 8th. Street, Suite 303 Glenwood Springs, Colorado 81601 Dear Mr. Barbee: • p I came up for the hearing you had scheduled on May 4th. at 2:00' P.M. to present my side on the variance I applied for only to find that; you had arbitrarily denied our application without notice. I was shocked,;:. that you cancelled my appointed time without giving me the courtesy of even a phone call saving me a trip to Glenwood Springs, for, as you know, I am a handicapped veteran in a wheel chair and need to have someone, bring me up so thanks a lot for your consideration. j After reading your notes it sounds to me like you are basing your decision on personalities rather than parcels of land, which the planning rules state are applicable. The parcel of land in question here is on a separate deed, just like several other parcels of our ranch. You are considering as the entire ranch and that is not the case. I believe the dates we purchased that land plus recording dates are available. There may be a small property line adjustment between Arnold Mackley that may not be completed as yet. If you are not willing to concede your mistake we have two or three more options to go, that, I believe, according to PZ regulations would apply. There is a County road that isolates or splits part of the acres plus a natural flowing stream through a deep ravine. Could yob send us the proper application form for this. We are trying to get a couple small plots for a neice and a hired man to build homes on. Trusting we can sit"i. down and work this out. Enclosed find copy of deed and please feel welcome to come and review the acreage. Sincerely, 4/e.(. Carl ..H..Befklau I uiiii nisi iiiiu ilial iiiii 011111111 111 11111 1111 iui 515756 10/30/1997 09:36A B1040 P543 MILDRED AL 1 of 1 R 6.00 D 10.34 GARFIELD CLERK WARRANTY DEED THIS DEED, made this 29th day of October, 1997, between CARL H. BERNKLAU and NORA RUTH BERNKLAU of the County of Garfield and State of Colorado, (Grantors), and PAUL A. BERNKLAU and CARLA R. BERNKLAU, whose legal address is 0939 County Road 329, Rifle, CO 81650, (Grantees): WITNESSETH, that the Grantors for and in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration, the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the Grantees, their heirs, successors and assigns forever, not in tenancy in common, but -in -joint -tenancy, all.the_real.prnperty together with improvements, if any, situate lying -and being_ in the County of Garfield and State of Colorado described as follows: A parcel of land situated in Lot 2 and the SW'/NE'/ of Section 4, Township 7 South, Range 94 West of the 6t° Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point on the centerline of an existing road, whence the North Quarter corner of said Section 4, being an aluminum cap properly marked on a 2'/�" pipe, bears N. 13°42'28" W. 769.58 feet; thence along said centerline the following seven courses: S. 36°02'06" E. 60.53 feet; thence S. 40°46'21" E. 62.25 feet; thence S. 64°14'50" E. 51.63 feet; thence S. 78°55'04" E. 101.22 feet; thence S. 80°59'27" E. 274.07 feet; thence S. 64°30'54" E. 77.55 feet; thence S. 46°47'58" E. 75.47 feet intersecting a line parallel to and 30 feet Northwesterly of the centerline of County Road 320; thence along said parallel line the following five courses: S. 29°56'54" W. 119.55 feet; thence S. 34°59'49" W. 148.94 feet; thence S. 52°5921" W. 92.36 feet; thence S. 68°44'22" W. 277.11 feet; thence S. 58°02'17" W. 89.81 feet; thence leaving said parallel line N. 37°59'33" W. 129.21 feet; thence N. 88°00'15" W. 199.36 feet intersecting the West line of said SW'/,NE'h; thence along said West line N. 01°02'38" E. 19.56 feet to the SW corner of said Lot 2; thence along the West line of said Lot 2 N. 01 °02'38" E. 259.56 feet; thence leaving said West line N. 41°22'25" E. 193.06 feet; thence N. 26°40'12" E. 181.77 feet to the Point of Beginning. Also known as: (vacant land) TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantors, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantees, their heirs, successors and assigns forever. And the Grantors, for themselves, their heirs and personal representatives, do covenant, grant, bargain and agree to and with the Grantees, their heirs, successors and assigns, that at the time of the ensealing and delivery of these presents, they are well seized of the premises above conveyed, have good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and have good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except taxes for the year 1997, which Grantees assume and agree to pay; and except a deed of trust recorded in Book 694 at Page 884. The unpaid balance of the promissory note which is secured by said excepted deed of trust shall be paid in full and the said deed of trust released of record; provided, however, in the event any claim is made by the beneficiary of said deed of trust to enforce the terms thereof against the above-described property, the Grantors hereof agree to indemnify and save Grantees harmless from any loss, expense or liability by reason thereof and further agree that Grantees may offset any such loss from the indebtedness owed by grantees to Grantors as is evidenced by a promissory note in the principal sum of S100,306.00 and secured by a deed of trust recorded this date.. The Grantors shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantees, their heirs, successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the Grantors have executed this deed on the date set forth above. CARL H. BERNKLAU -• �_ NORA RUTH BERNKLAU STATE OF COLORADO ) COUNTY OF GARFIELD ) ss. i s 1 i- ,: The foregoing instrument was acknowledged before me this 29`h day of Oc *...199-/;-11 y/- ARL H. BERNKLAU and NORA RUTH BERNKLAU. :' Witness my hand and official seal. { .1. pssNP \ Notary Public ; ' N... ••.. Address: l.) 1 t z -...;C t-. - de V- {� Y� My commission expires: -'l (i' 1 � i