HomeMy WebLinkAbout1.0 Application-PetitionC.R. COMMERCIAL PROPERTIES, INC.
SUBDIVISION EXEMPTION PETITION
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
PETITION FOR EXEMPTION
BEFORE THE BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
Pursuant to C.R.S. (1973) §30-28-lOl(lO)(a)-(d), as amended, and the Subdivision
Regulations of Garfield County, Colorado, adopted April 23, 1984, as amended
February 19, 1997, §8:00, C.R. COMMERCIAL PROPERTIES, INC., petitions the Board
of County Commissioners of Garfield County, Colorado to exempt by Resolution, the
division of a 43.4 acre tract (more or less) of lan d into four (4) tracts of land, one of which
will be approximately 10.063 acres, another of which will be approximately 9. 752 acres, a
third of which will be 12.816 acres, and the final of which will be approximately 10.753 acres,
more or less, (the "exempted parcels") from the definitions of "Subdivsion" and "Subdivided
Land," as the terms are used and defined in C.R.S. (1973) §30-28 -lOl(lO)(a)-(d), and the
Garfield County Subdivision Regulations for the reasons stated below.
1. The 43.4 acre, more or less, tract wh ich is the subject of this Petition is owned
by the Petitioner, C.R. Commercial Properties, Inc., (See copy of deed submitted herewith
as Exhibit 1). . . .;;, r. V'
().
2. The purpose of this exemption request is to allow residential sale and use of >-~ .P
the lots shown on the exemption plat. /' ~ .,y·
3. The residential .improvements on the proposed parcels shall be supplieaf'ith
dome ic-wel ~ water from separ~te well on each p arcel, (See attached Exhibit 2, ennit and
Pump Test) augmented ,...,water contrac for Ruedi Reservoir water administere by the
cest-Hivi e Water Conservancy Distric Water contracts will be obtained, and test well
capacity and potability shown prior to final p t approval. l
\JJUJ. ~ A)..! ' ~~"
4. Any improvements to be erected in the future on the parcels shall be served
by individual septic systems.
5. Access to the property to be divid e d is from an existing road way easement
adjoining County Road 260 .
6. Copies of the deeds in the Petitioner's chain of title before and after
January 1, 1973 are submitted herewith as Exhibit 3. On January 1, 1973 , Petitioner's 43.4
acre tract, as it exists presently, was part o a 120 acre parcel, considered by their owners
to be composed of twelve (12) Antler's Orchard Development tracts. In 1979, Maxine Hill,
one of Petitioner's pred e cessors in interest, conveyed Petitioner's 43.4 acre parcel to another
GARF IELD COUNTY
PLA NN ING DE PARTMENT
109 8T H ST. -SU ITE 303
GLE OOD SPRING , CO
1
RECEIVED SEP S 19 99
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
of Petitioner's predecessors in interest, Phyllis L. Henry. Petitioner's parcel has remained
a single, unified tract from that time fmward. The 1979 conveyance was exempted by ,_ ·-· .4~
statute from restrictions dealing with the division of land.1 l c;p ].,_ ~"_,,. _,,_ ~
I .-(.,Ul~
An existing right-of-way for the Sil t ump Canal obstructs joint use of ~he ~~
proposed tracts. The proposed division of one of the parcels occurs along said right-of-way.
As a result, the parcel so divided should not be counted against the four (4) lot limitation
imposed by the present County subdivision regu lations.
7. In further support of this Petition, the following are submitted herewith:
a. Proposed exemption plat, including vicinity map. (Exhibit 4)
b. Schedule of names and addresses of owners of record of lands within
200 feet of the proposed exemption, and mineral owners of record for the exempted parcels.
(Exhibit 5)
c. So il types and characteristics from USDA Soil and Conservation
Service. (Exhibit 6)
d. Copy of letter to Rifle Fire Protection District. (Exhibit 7)
e. Three Hundred Dollar ($300.00) application fee.
f. Proposed Declaration of Protective Covenants. (Exhibit 8)
8. School impact fees as provided by regulation will be paid upon approval of
final exemption plat.
I By statute, divisio ns of land, "which create parce ls or land, such that the land area or each or the
parcels ... results in thirty-five or more acres per interest" a re exe mpte d from th e d e finition of "subdivision."
Colo. Rev. Stat. §30-28-101 (10).
2
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
WHEREFORE, the undersigned request that the Garfield County Board of
Commissioners approve the subdivision exemption.
SIGNED this "3BQ day of September, 1999.
Attorney for the Applicants
STUVER & GEORGE, P.C.
120 West Third Street
P.O. Box 907
Rifle, Colorado 81650
(970) 625-1887
3
I
11
I
I
I
I
EXHIBIT 1
I
I DEED
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
I
I
I
I
I 1111111111 1111111111111111111111111[ :111111111111111
· ,540675 02/23/1999 09 :59A 81115 P867 M ALSDORF
1 of Z R 11 .00 D 23.90 GARFIELD COUNT Y CO
-------Recorder'.
WARRANTY DEED
T HIS DEED, MaJe this 19th J ay of FEBRUARY
19 99. between
DONALD F. GARDINEER AND CATHARINE C . GARDINEER
of the
Colorado, gnntor, and
County of
(
GARFIELD and Slate or
C .R. COMMERCIAL PROPERTIES, INC., A COLORADO CORPORATIO
whose lega l address is 1620C GRAND AVE, GLENWOOD SPRINGS, CO 81601
of the Cu11n1y o f GARF I ELD and S tate of Colorado, i;ranlec:
W ITNESSETII , 111oit thc 1:ra ntor for anti in co nsiJcra tion u( 1hc sumo(
***Tt.10 HUNDRED THIRTY N INE THOJ SAND AND N0 /100*** DOLLARS,
the receipt and sufficiency of which is hereby ack . .nowkJgcd, hu gu . .ntcd, bargained, J old and conveyed, and by Lhcsc prcicnu docs grant, bargain , sell,
convey and confirm, unto lhc grantee, his hcin and anigru fo rever, all the real property together with improvcmcnu, if any , si1w.tc , lying and being in the
County of GARPIELD and Stale of Colorado described as follows:
SEE EXHIBIT "A " ATTACHED HERETO AND FORMING A PART HEREOF
as know n by atrcct and nwnhcr as :
TOGETI IJ1Jl witJ1 all and singular the hercditamcnu anJ app unenwccs thcrc1 0 belonging, or jn an yw ise appcnai11ing , a11d t.hc reversion 1..nJ
revcnioru, remainder and remainders. rcnu, issues an d profits thereof, and all tJ1c cua1c, right , Citic , interes t. cb.im and JemlL11J wtu.t.socvcr of tJ1c
g ran tor, either in law o r equity, o f. in, am.I lo tJ 1c above bargaine d picmises , with I.he hcrcdiwncnls anJ appu1tcn1J1 ces .
TO HAVE AND TO HOLD tJ1c saiJ prcn 1iscj above bargained and described, witJ1 lhc appuncnanccs, UIHO lhc grAOtcc, his heirs and 1 .. uign.s
foreve r .. And die granlor, for hinuclf. h~ heirs , and personal rcprncnu1ivcs , doc s covenant, granl, b1rg1U1, and agree lo and with the grantee, his hcin and
a.uig1u, lh .1 1 al the time of 1hc cruc.1 li11g and dcli\"cry of ll1Cs c prcscnu. he ls well ici.zcd of lhc ptcmisci above coll\'C)'C d, has good, sure. perfect , ab )oltnc
and indcfc.1.$iblc est.ale of inhcriuncc, U1 law, in fee simj 1lc, and hu good ri~hl, full power and llwful .authority 10 gra.111 , b1rgaU1, sell and convey the Hlllc
£) / /·
in manner and fonn as afore.sai d , .and tJ1al tJ1 c u.me arc fre e and ck.r from all fom1cr and other gn1nt.s, barg11.in .. s, sales, l iens, t.o:cs, .1..Sscssmc11ts,
cnc1unbranccsandrutricclo1u o fwha1everkind or111h 1resoeve1,cxc cpt general t axes and assessments for the year
199 9 and s ubs equen t years, U. S. Patent reservations, any and al l prior mineral
reservations , easeme nt s , right s of wa y and r es t r i ctions of record
TI1c grantor shall and will WAJUlANT AND r:OUEVER DP.rl!ND tl\c abovc -bargalncJ prcmlses iu tJ1 c 4uict a.nJ pc.1 ccablc po u cs.si on of lhc grantee,
h is hcin and a.uigru, ag1.Uut all and n ery person or penoru lawfull y claiming I.he w hole or any p.1n thereof. The singu lar nwnber shall includ.e ll 1c plural
the plural the singular. and the we of any gender shall be applicable co all genders ..
DONALD P. GARDINEER
STATE OP c:XlX.M KXr!QIFL OR ID/\
Countyof~ SS.
'l11c furci;o ini; inslrumcnl was ack11 owlc:Ji;c d before me !his
I O ·
l // 1/1-' ,,,,// •/ / , ,.1 ) ,,. :,.,,,..._flt.c.f /,,1. .. { t.~(/
CATHARINE C . GARDINEER
da y of Fchru ~ ry 19 99
by DONALD P. GARDINEER !\ND C/\T HARINE C. GARDINEER
My co mmis sion expires
P CAROLE S. KA SPEn ./'~O.t<,, CO MMISSION ii CC 493053
,. ;i;~l '' EXPIRES SEP 04 , 1999
'"· '7 t': OO NDED HlRU
~... i\l L.ANTH,; UONOING CO. INC
Conuno nweahh Pile No .. 990'!033
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
l llll\l lllll llll\l lll\l llll lllll llllll\ Ill ~-·~111111111
, 540675 02/23/1999 09:59A e1115 P&&a n ~L~goRF
2 of 2 R 11.00 D 23.90 GARFIELD COUNT
EXHIBIT "A"
A parcel of land situated in the El/2SE1/4 and the Wl/2SE1/4 of
Section 34, Township 5 South, Range 92 West of the 6th Principal
Meridian and mei.re particularly described as follows:
Beginning at the Southeast Corner of Section 34 of said Township and
Range thence along the South line of Said Section 34; South 89°53'00 11
West 1349.79 feet; thence leaving said section line North 03°15'09 11
West 321.05 feet; thence North 07°04'10" West 213.48 feet; thence
North 36°31'44 11 West 101.40 feet; thence North 09°05'37 11 West 106.38
feet; thence North 02°04'29 11 East 351.14 feet; thence North 03°03'15 11
East 144.66 feet; thence North 11°06'17 11 East 156.41 feet to a point
in a fence; thence South 87°36'04" East 1415.71 feet along a fence
and to a point on the East line of said Section 34; thence along
said East section line South 00°16'57 11 East 1305.78 feet to the POINT
OF BEGINNING
EXCEPTING therefrom any portion of the above described property in
the NE1/4SE1/4 of said Section 34.
RETURN TO:
llUEB!NGER REAL ESTATE
!620C GRAND A\~GS CO 81601
GLENWOOD Sl'R •
I
I
I
I
I
I
EXHIBIT 2
I
I WELL PERMIT
I
I
I
I
I
I
I
I
I
I
I
Form No.
GWS-25
APPLICANT
OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATER RESOURCEOWN EH"';~ .• 0,. .;'··~·y··
818 Centennial Bldg ., 1313 Sherman St., Denver , Colorado 80203 \) (.; g,,)
(303) 866-3581 '
WELL PERMIT NUMBER 052795
DIV . 5 CNTY. 23 WO 39 DES. BASIN
Lot : 4 Block: Filing : Subdiv : C.R . COMMERCIAL PROPERTIES EXEMPTION
APPROVED WELL LOCATION
GARFIELD COUNTY
F
MD
LIC
C.R. COMMERCIAL PROPERTIES, INC.
c/o STUVER & GEORGE, P.C.
SE 1/4 SE 1 /4 Section 34
Twp 5 S Rng 92 W 6th P.M.
P.O. BOX 907
RIFLE, CO 81650 DISTANCES FROM SECTION LINES
54 7 Ft. from SOUTH Section Line
(970)625-1887 1163 Ft. from
PERMIT TO CONSTRUCT A WELL
ISSUANCE OF THIS PERMIT DOES NO T CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
EAST Section Line
1) This well shall be used in such a way as to cause no material injury to existing water rights . The issuance of the permit
does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested
water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the W ater Well Construction Rules 2 CCR 402 -2, unless approval
of a variance has been granted by the State Board of Exam iners of Water Well Construction and Pump Installation
Contractors in accordance with Rule 1 8.
3) Approved pursuant to CRS 37-90-1 37(2)for the construction of a well, appropriating ground water tributa ry 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 Ruedi Reservoir is in effect, or under an approved plan for augmentation .
WDWCD contract #000106-CR#4(a).
4) · The use of ground water from this well is limited to ordinary hou sehold purposes inside one ( 1) single family dwelling, the
irrigation of not more than 6,000 square feet (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 to be located on a ± 10. 753 acre individual r esidential site descri bed as lot no . 4, C.R. Commercial
Properties Exemption, Garfield County.
5) The maximum pumping rate shall not exceed 1 5 GPM.
6) The average annual of amount of ground water to be appropriated shall not exceed one (1) acre-foot (325,850 gallons).
7) 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 le ast annually) and submitted to the Division Engineer upon
request .
8) The well shall be constructed not more than 200 feet from the location specified on this permit.
9) The owner shall mark the well in a conspicuous place with well permit number(s). name of the aquifer, and court case
number(s) as appropriate . The owner shall take necessary means and precautions to preserve these markings.
NOTE: Parcel Identification Number (PIN): 23-2127-344-00-140 ,/)--~ ~
APPROVED
DMW
Receipt No .
Assessor Tax Schedule Number: 210419 (totaling ±43.49 acres} ?J .2. /a 9~ OQ O
DATE ISSUED FEB 11 2000
Form No.
GWS-25
APPLICANT
OFFICE OF THE STA TE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg .. 1313 Sherman St ., Denver , Colorado 80203
(303) 866-3581 OWNER'
WELL PERMIT NUMBER 052794
DIV. 5 CNTY. 23 WO 39 DES. BASIN
Lot: 2 Block : Filing : Subdiv : C.R. COMMERCIA L PROPERTIES EXEMPTION
APPROVED WELL LOCATION
GARFIE L D COUNTY
LIC
F
MD
C.R. COMMERCIAL PROPERTIES, INC.
c!o STUVER & GEORGE, P.C.
SE 1/4 SE 1 /4 Section 34
P.O. BOX 907
RIFLE, CO 81650
(970)625-1887
Twp 5 S Rng 92 W 6th P.M.
DISTANCES FROM SECTION LINES
1 064 Ft. from
371 Ft. from
SOUTH Section Line
EAST Section Line
PERMIT TO CONSTRUCT A WELL
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material i njury to existing water rights. The issuance of the permit
does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested
water right from seeking relief in a civil court action.
2) 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.
3) Approved pursuant to CRS 37-90-1 3 7 (2 l 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 Ruedi Reservoir is i n effect, or under an approved plan for augmentation .
WDWCD contract #000106-CR#2(a).
4) 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 feet (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 to be located on a ±9.752 acre individual residential site described as lot no. 2, C.R. Commercial
Properties Exemption, Garfield County.
5) The maximum pumping rate shall not exceed 15 GPM.
6) The average annual of amount of ground water to be appropriated shall not exceed one (1) acre-foot (325,850 gallons).
7) 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.
8)
9)
The well shall be constructed not more than 200 feet from the location specified on this permit .
The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case
number(s) as appropriate. The owner shall take necessary means and precauti ons to preserve these markings.
NOTE:
APPROVED
DMW
Receipt No.
Parcel Identification Number (PIN): 23-2127-344-00-140
Assessor Tax Schedule Number: 21 041 9 (totaling ± 43 .49 acres)
DATE ISSUED FEB 112000
ff ?i,.._. ~
@Le~
~XPIRATION DATE FEB 11 2001
'Form No. OFFICE OF THE STATE ENGINEER
GWS-25 COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg ., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581 OWNER'S COPY
APPLICANT
WELL PERMIT NUMBER 052793
DIV . 5 CNTY . 23 WO 39 DES. BASIN
Lot : 1 Block : Filing : Subdiv: C.R. COMMERCIA L PROPERTIES EXEMPTION
APPROVED WELL LOCATION
GARFIE L D COUNTY
LIC
F
MD
C.R. COMMERCIAL PROPERTIES, INC.
c/o STUVER & GEORGE, P.C.
SE 1/4
Twp 5 S
SE 1 /4 Section 34
Rng 92 W 6th P.M.
P.O. BOX 907
RIFLE, CO 81650 DISTANCES FROM SECTION LINES
290 Ft. from SOUTH Section Line
(970)625-1887 285 Ft. from EAST Section Line
PERMIT TO CONSTRUCT A WELL
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) '""This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit
does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested
water right from seeking relief in a civil court action .
2) 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 1 8 .
3) 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 cond ition 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 t he West Divide Water Conservancy District
for the release of replacement water from Ruedi Reservoir is in effect, .Qi under an approved plan for augmentation .
WDWCD contract #000106-CR#1 (a).
4) 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 feet (0.14 of an acre) o f 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 to be located on a ± 10.063 acre individual residential site described as lot no. 1, C.R . Commercial
Properties Exemption, Garfield County.
5) The maximum pumping rate shall not exceed 15 GPM.
6) The average annual of amount of ground water to be appropriated shall not exceed one (1) acre-foot (325,850 gallons).
7) 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.
8) The well shall be constructed not more than 200 feet from the location specified on this permit.
9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case
number(s) as appropriate . The owner shall take necessary mea ns and precautions to preserve these markings.
~a ....,_ ....z--NOTE: Parcel Identification Number (PIN): 23-21 27-344-00-140 µ--· ,,........__
APPROVED
DMW
Receipt No.
Assessor Tax Schedule Number: 210419(totaling ±43.49 acres) t:J 2._~"f /2_ (JOtO
State Eng ineer
DATE ISSUED FEB 11 2000
/Jf(,._c.~
~XPIRATION DATE FEB 112001
Contract No. 0001 0 6 CR# 4 ( a )
Current l/O I /99 Map ID No. 3 3 2
Date Activated 1 I 2 6 I 0 0
A. -APPLICANT
APPLICATION AND DATA FORM TO LEASE WATER FROM
WEST DIVIDE WATER CONSERVANCY DISTRICT
Name C. R. Commercial Properties, I nc.
Mailing Address c/o Stuver & George, P.C. ,P . o. Box 907, Rifle, CO 81650
Telephone 'D..!l_/ 6 2 5-1BB7 Authorized Agent or Representative ___________ _
B. WATER R!Giq; ?R~~~rr~1:ltCANT OR BEING APPL~D FOR .
NameofRight propertjes well # 4 TypeofStructureorRight __ w=e ........... l ...... l ________ _
Location of Point of Diversion (description from decree o r permit) Garfield County
SEl/4SEl/4 834 T5S R92W 6th P.M. 547 ft from south section
line, 1163 ft. from east section line.
Water Court Case No. -------
Well Permit No. ----------(Attach copy of permit)
C. INTENDED USE OF LEASED WATER
Location of Area of Use (Include metes and bounds legal description of property on which water right is to
be used. May be attached as Exlnbit) See Exhibit A attached hereto
for Lot 4
Total acreage o{ above-referenced parcel 1 o 7 5 3
Address of above-referenced property _______________________ _
Description of Use Fire protection, ordinary household purposes inside one
single family dwelling, irrigation of not more than 6,000 sq. ft. of home
Total Number of Dwelling Units 1 gardens az:id la".1ns and the watering
Number of Constructed Units of domestic animals.
Number of Vacant Lots l -------
Potable WaterSystem __ w_e_l_l____ Waste-Water Treatment System Septic/Leach
Type of Meter or Measuring Device Totalizing Flow Meter to be installed.
Projected Monthly Volume of Leased Water Needed in Gallons:
THESE FIGURES ARE __ ACTUAL DIVERSIONS OR __ CONSUMPTIVE USE ONLY
(Actual diversions must be used unless contractee has an augmentation plan)
Jan. Feb. Mar. Apr. May __ June. July __
Aug. Sept. __ Oct. Nov. Dec. __
Annual Total Gallons Acre Feet --~----
Maximum Instantaneous Demand _____ ~gpm
D. OTIIER REMARKS
Date
---------~-
C.R. Commercial Properties, Inc.
Applicant
EXHIBIT A
PROPERTY PESCRlPTIQN
LOT 4
f'. PARCEL OF LANO SITUh.TED IN THE SE1/4SE1/4 AND TH[ "N1/25Ei/A nr
S(CTION 34, TOWNSHIP 5 SOUTH. RANGE 92 WEST or TH( ·:,1x1 1 1 l·RIM(IP·'L
~1r RI 0 I .A.N ANO MORE PARTICULARLY DESCRIBED AS FOLLOw:i:
E\t.GINNING AT THE SOUTHEAST CORNER OF SECTION 34 OF :;/I.ID l(rNt~':.HI~'
t,1.11) RANGE: THENCE ALONG THE SOUTH L I NE OF SA I 0 SECT I ON 3 4
::-1,g 53'00" W 1,349 .7'4 FEET; THENCE LEAVING SAID SECTION I !NE
~J O.) 15'09" w 71 .32 rr.n. THE POINT OF BEG I NNING; 1HENff
N Q3 15'09" w 249 .73 rEET THENCE N 07 04 '10· w 21~.~8 Ffff ; lH[N r.F
"N 36 3\0 44" W 101 .40 rEET; THENCE N 09 05'37" W 1U6 J8 F[fl; THt N1 1
~: 02 04'29" E 351.14 rEET; THENCE N 03 03'1 5• E 14-1 .66 F EET; 1HFJ-J1f:
~ 39 51'05• E 1210.41 FEET TO.A POINT ON THE CENTERLINE 0 r SAIC1
51 l. T PUMP CANAL; THENCE THE . FOLLOWING FOUR ( 4) COUR::iES AL n tJ G SA I U
CE.tHERL I NE:
1 . S 48 30'19 " W 138.00 FEET
2. S 44 48'13~ W 122.53 FEET
3. ALONG THE ~RC OF A CURVE TO THE RIGHT HAVING ~ADIUS Of .
120 .12 FEET ANO A CENTRAL ANGLE OF 45 11 ·~s·. A DISTANCE
OF 94. 76 FEET (CHORD BEARS S 67 24' IO-W 92.3 ,.' rE[T)
4 . N 89 59'3.3" W 40:3.49 FEET TO THE POINT OF BEC:!"!t·JlNG, :;AIL'
f"KOPERTY CONTAINING 10.753 ACRES MORE OR LESS.
REVISED 7/29/99 Contract# 0 0 0 l 0 6 CR# 4 (a)
Map ID # --=3-=3-=2'------
0ate Activated ___ l~/_2_6~/_0_0_
WEST DIVIDE WATER CONSERVANCY DISTRICT
WATER ALLOTMENT CONTRACT/LEASE
Name of Applicant: ___ C"'-'--. ""'R,__. _,,C,,_,o"'"m'-"m"-=er.,,c""'ia~l_,_P...!.r""'op""'e"'"rt""'"i""'es""'.-"In'""c"'".--------------------------
Quantity of Water in Acre Feet: ______ _,,O~n.!.!e'------------------------------
Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado,
organized pursuant to and existing by virtue ofC.R.S. 1973, §37-45-101, et seq ., (hereinafter referred to as the "District") for an allotment
contract/lease to beneficially and perpetually use water or water rights owned , leased, or hereafter acquired by the District. By execution of
this contract/lease and the attached application, Applicant hereby agrees to the following terms and conditions:
1. Water Rights: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to
divert water, which will be supplemented and augmented by water leased here in . If Applicant intends to divert through a well , it must be
understood by Applicant that no right to di vert exists until a valid well permit is obtained from the Colorado Divi s ion of Water Resources.
2. Quantity: Water applied fur by the Applicant in the amount set forth above shall be diverted at Applicant's point
of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado
State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said
quantity in acre fuet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow,
storage or otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal
availability of water from District's sources . Any quantity allotted will only be provided so long as water is available and the Applicant fully
complies with all of the terms and conditions of this contract/lease. The District and the Applicant recognize that some of the District's decrees
may be in the name of the Colorado River Water Conservation District, and the a bility of the District to allot direct flow right to the Applicant
may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less
water than the amount herein provided, Applicant may so notify the District in writing, and the amount of water allotted under this
contract/lease shall be reduced pennanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only.
3 . Beneficial Use and Location ofBeneficial Use: Any and all water allotted Applicant by the District shall be used
for the fullowing beneficial use or uses: municipal , domestic and related uses, or commercial (except to the extent that Ruedi Reservoir water
may not be available for commercial as that term is defined on Page 5 of Contract No. 2-07-70-W0547 between the United States and the
West Divide Water Conservancy District). Applicant's beneficial use of any an d all water allotted shall be within or through facilities or upon
land owned, leased, operated, or under Applicant's control.
1
, '
4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir and Green
Mountain Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the
Applicant at the outlet works of said storage facilities or at the decreed point of di version for said other sources, and release or delivery of water
at such outlet or points shall constitute performance of the District's total o bligat ion. Delivery of water by the District from Ruedi Reservoir
or Green Mountain Reservoir shall be subject to the District's lease contracts wi th the United States Bureau of Reclamation . Releases from
other facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore,
the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled
by the District in the future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action. Any
quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (October I), shall revert to the water
supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water.
Water service provided by the District shall be limit to the amount of water available in priority at the original point of
diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees, may call on any
greater amount at new or alternate points of diversion. The District shall request the Colorado Division of Water Resources to estimate any
conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case.
5. Alternate Point ofDiversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's
water rights or storage water may be required in order for Applicant to ust: the w ater service contemplated hereunder. Obtaining such decree
is the exclusive responsibility of Applicant. The District reserves the ri g ht to review and approve any conditions which may be attached to
judicial approval of said alternate point of diversion as contemplated or n ecessary to serve Applicant's facilities or lands. Applicant
acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water
rights contemplated herein, and further agrees to indemnify the D istrict from any costs or losses related thereto. Applicant is solely responsible
for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's
intended beneficial use. Irrespective of the amount of water actually transforred to the Applicant's point of diversion, the Applicant shall make
annual payments to the District based upon the amount of water allotted under this contract/lease.
In the event the Applicant intends to apply for an al ternate point of diversion and to develop an augmentation plan and
institute legal proceedings for the approval of such augmentation plan to a llow the Applicant to utilize the water allotted to Applicant
hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own
augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under Paragraph 19 below. In
any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the
District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof
6. Contract/lease Payment: Non-refundable, one time administrative charge, in the amount determined by the Board
ofDirectors of the District from time to time, shall be submitted with the application for consideration by the District.
Annual payment for the water service described herein shall be determined by the Board of Directors of the District. The
initial annual payment shall be made in full, within thirty (30) days after the date ofnotice to the Applicant that the initial payment is due.
Said notice will advise the Applicant, among other things, of the water deli very year to which the initial payment shall apply and the price
which is applicable to that year.
2
Annual payments for each year thereafter shall be due and payable by the Appl icant on or before each January I. If an
annual payment is not made by the due date a flat $50 late fee will be assessed . Final written notice prior to cancellation will be sent certified
mail, return receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set forth in this
contract/lease or application. Water use for any part of a water year shall requ ire payment for the entire water year. Nothing herein shall be
construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only.
If payment is not made within fifteen (15) days after the date of said written notice, Applicant shall at District's sole option
have no further right, title or interest under this contract/lease without furth er not ice, and delivery may be immediately curtailed. The allotment
of water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District.
Upon cancellation of this water allotment contract/lease with the District, the District shall notify the Division of Water
Resources offices in Denver and Glenwood Springs . The Division of Water Resources may then order cessation of all water use.
7 . Additional Fees and Costs : Applicant agrees to defray any expenses incurred by the District in connection with
the allotment of water rights hereunder, including, but not limited to, reimbu rsement oflegal and engineering costs incurred in connection with
any water rights and adjudication necessary to allow Applicant's use of such a llotted water rights.
8. Assignment: This contract/lease shall inure to the benefit of the heirs, successors or assigns of the parties hereto .
Any assignment of the Applicant's rights under this contract/lease shall be subject to, and must comply with, such requirements as the District
may hereafter adopt regarding assignment of contract/lease rights and the assumption of contract/lease obligations by assignees and successors.
Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment
contracts/leases. No assignment shall be recogniz:ed by the D istrict except upon completion and filing of proper forms for change of
ownership.
Upon the sale of the real property to which this contract/lease pertains, Applicant has a duty to make buyer aware of this
contract/lease and proper forms for change of ownership must be completed.
9. Other Rules: Applicant shall be bound by the provis ions of the Water Conservancy Act of Colorado; by the rules
and regulations of the Board ofDirectors of the District; and all amendments thereof and supplements thereto and by all other applicable law .
10. Operation and Maintenance Agreement: Appl icant shall enter into an "Operation and Maintenance Agreement"
with the District under terms and conditions determined by the board of Directors of the District, if and when, the Board of said District
detennines in its sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for
additional annual monetary consideration for extension of District delivery services and for additional administration, operation, and
maintenance costs; or for other costs to the District which may arise through services made available to the Applicant.
11. Change of Use: The District reserves the exclusive right to review, reapprove or disapprove any proposed change
in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted
hereunder without the prior written approval of the District shall be deemed to be a material breach of this contract/lease.
3
'"
12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described in the
documents submitted to the District at the t ime this contract/lease is executed, or in any operation and maintenance agreement provided by
Applicant Any use other than as set furth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph
8 above, shall be deemed to be a material breach of this agreement.
13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or
legal fee title interest in or to any water or water rights referred to herein .
14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water
rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the Di s trict for use of District owned or controlled
water or water rights .
15. Restrictions: Applicant shall restrict actual d iversions to not exceed the Contract/Lease amount, which provides
water (on the formula of one acre foot per dwelling) for ordinary household purposes inside one single fumily dwelling, the watering of
domestic livestock, fire protection, and the irrigation ofup to 6,000 squa re feet oflawn and g arden.
Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado
Division of Water Resources.
Watering oflivestock shall be restricted to Applicant's dom estic animals not to be used for commercial purposes unless
Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestock watering at a horse boarding fucility,
provided that in no event shall actual diversions exceed the amount of water p rovided by this Contract/Lease.
Violation of this paragraph 15 shall be deemed to be a material breach of this Contract/Lease.
16. Well Permit: If Applicant intends to divert thro ugh a well, then Applicant must provide to District a copy of
Applicant's valid well permit before District is obligated to deliver any water hereunder.
17. Measuring Device or Meter: Applicant agrees to provide, at its own expense, a totalizing flow meter with remote
readout to continuously and accurately measure at all times all water d ive rted pursuant to the terms of Applicant's water right and the terms
of this contract/lease. Applicant agrees to provide accurate readings from such device or meter to District upon District's request. Applicant
acknowledges that fuilure to comply with this paragraph could result in legal action to terminate Applicant's diversion of water by the State
' of Colorado Division of Water Resources. By signing this contract, Applicant he reby specifically allows District, through its authoriz.ed agent,
to enter upon applicant's property during ordinary business hours for the purposes of determining applicant's actual use of water.
18. Representations: By executing this contract/lease, Applicant agrees that it is not relying on any legal or
engineering advice that Applicant may believe has been received from the Di strict. Applicant further acknowledges that it has obtained all
necessary legal and engineering advice from Applicant's own sources other than the District. Applicant further acknowledges that the District
makes no guarantees, warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this contract/lease.
4
> ••
Should the District be unable to provide the water contracted for herein , no damages may be assessed against the District, nor may Applicant
obtain a refund from the District.
19. Costs ofWater Court Filing and Augmentation Plan : Should the District, in its own discretion, choose to include
Applicant's contract/lease herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees
to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share
of the proceedings. Applicant shall be assessed a pro-rata share of the total cost incurred by the District in preparing, filing and pursuing to
decree the water court case. The pro-rata share shall be calculated by dividing such total cost by the number of contractees/lessees included
in the filing. To the extent that the District is caused additional costs because of o bjection filed specifically due to the inclusion of Applicant's
contract/lease in the filing, such additional costs may be charged specifically to Applicant and not shared on a pro-rata basis by all
contractees/lessees.
20. Binding Agreement: Th.is agreement shall not be complete nor binding upon the District unless attached hereto
is the form entitled "Application and Data Form to Lease Water From West Divide Water Conservancy District" fully completed by Applicant
and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement.
All correspondence from the District to Applicant refurring to or relating to this agreement is by this reference incorporated into this agreement
as further terms and conditions of this agreement.
21. Warning: IT IS THE SOLE RESPONSIBILI1Y OF THE APPLICANT 1D OBTAIN A VALID WELL PERMIT
OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER nns
CON1RACT/LEASE. IT IS THE CONilNUING DUTY OF THE APPLICANT 1D MAINTAIN THE VALIDITY OF THE WELL PERMIT
OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING
STATEMENTS OF .BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A
REGULAR BASIS WITIIOUT WASTE.
22. AREA B. CONTRACTS/LEASES: IF APPLICANTS WELL OR OTHER WATER RIGHT TIIA TIS THE
SUBJECT OF nns CONTRACT/LEASE IS LOCATED OUTSIDE "AREA A" AS DESIGNATED BY THE DISTRICT, THEN nns
PARAGRAPH APPLIES: THE AUGMENTATION WATER PROVIDED BY THE DISTRICT UNDER nns CONTRACT MA y ONLY
PROTECT APPLICANTS WATER RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT
FROM A CALL FROM ANY OTHER SENIOR RIGHT. NO REPRESENTATION OTHERWISE IS MADE BY THE DISTRICT. IF nns
IS A CONCERN 1D APPLICANT, nns CONTRACT/LEASE MA y BE RESCINDED UPON WRITTEN NOTICE DELIVERED TO
THE DISTRICT BY THE APPLICANT WITIIlN THE NEXT 30 DAYS FOLLOWING THE AFFIXING OF SIGN A TURES ON nns
CONTRACT/LEASE IN WHICH EVENT ALL SUMS PAID BY APPLICANT FOR nns CONTRACT/LEASE SHALL BE
IMMEDIATELY REFUNDED 1D APPLICANT.
C.R. Commercial Properties , lnc .
by
5
'-·
STATE OF COLORADO
) SS.
COUNJY OF GARFIELD )
Witness my hand and official seal.
9-;). ~--0 3 My commission expires : ___________ _
Notary Public
ORDER
After a hearing by the Board of Directors of the West Divide Water Conservancy District on the application, it is hereby
ORDERED that said application be granted and this contract/lease shall be and is accepted by the District.
WEST DNIDE WATER CONSERVANCY DIS1RlCT
ATfEST:
Secretary (_}
This contract/lease includes and is subject to the terms and conditions of the following documents which must accompany
this contract/lease:
I . Map showing location of point of diversion (use map provided)
2. Application and Data Form fully completed and signed
3.
6
·'
Current 1/01/99
Contract No. 0 00106CR#1 ( a )
Map ID No. -~3'-.>03~0'----
Date Activated 1 I 2 6 I 0 0
A. APPLICANT
APPLICATION AND DATA FORM TO LEASE WATER FROM
WEST DIVIDE WATER CONS. RV ANCY DISTRICT
Name C. R. Commercial Properties ,_.;:I~n_c~·=-----'-------------
MailingAddress c/o Stuver & George, P.C .. , P. o. Box 907, Rifle, CO 81650
Telephone~~-1887 AuthorizedAgent orRepresentative ___________ _
B. WATER RIGHT OWNED BY AP.PLICANT OR BEING APPLIED FOR
N f Righ C.R. Commercial: 1 T fStructure Right . ameo t properties Well # ypeo or __ w~e_l_l ________ _
Location of Point of Diversion (description from decree or permit) Garfield County
SEl/4SEl/4 S34 TSS R92W 6th P.M. 290 ft. from south section line,
285 ft. from east section line.
Water Court case No. --------
Well Permit No. (Attach copy of permit)
C. INTENDED USE OF LEASED WATER
Location of Area ofUse (Include metes and bounds le gal description of property on which water right is to
be used. May be attached as Exlubit) See Exh:L bit A attached hereto far I.at 1
Total acreage of above-referenced parcel J0.06L_
Address of above-referenced property ________________________ _
Description ofUse Fire protection, ordinary household purposes inside one
single family dwelling, irrigation of not more than 6,000 sq. ft. of home
Total Number ofDwelling Units 1 gardens and lawns and the watering
Number of Constructed Units of domestic animals.
Number of Vacant Lots 1
Potable Water System _ _..:.;w:..;::e=-=l=-=l=-----Waste-,Water Treatment System Septic/Leach
Type ofMeter or Measuring Device Totalizing Flow Meter to be installed.
Projected Monthly Volume of Leased Water Needed in Gallons:
THESE FIGURES ARE ACTUAL DIVERS IONS OR __ CONSUMPTIVE USE ONLY
(Actual diversions must be used unless contractee has an augmentalfon plan)
Jan. Feb. Mar. Apr.__ May __ June. July __
Aug.__ Sept.__ Oct. Nov.__ Dec. __
·Annual Total Gallons A cre Feet ------
Maximum Instantaneous Demand ______ gp m
D. OTHER REMARKS
(~-, ~~---> ?~ ~C~·~R ......... _c_o_rnm._..e ....... r~c~i~a~l_._p~r~o~p~e~r~t-1~·e_s~,,__I~n~c. ~~. '
Applicant / Applicant
Date ----------
EXHIB I T A
r.RQPERIY DESCRIPTIO~
LOT 1
A PAl ~CEL OF LAND SITUA l ED IN THE SE 1/4SE1 /4 AND fHE '.Vl/.Z5El/4-0F
SEC/I ON J4, TOWNSHIP 5 SOUTH, RANGE 9 2 WEST OF THE SIXTH PRINCIPAL
MERIDIAN AND MORE PAR T ICULARLY DESCRIBED AS FOLLOWS :
3cGl~NING AT THE SOUTH!:AST CORNER OF SECTION 34 OF SA1DloWN5H\P
AND RANGE. THE POINT or· BEGINNING ; THENCE AL ONG THE SOVTH LIN£ OF
SAID SECTION 34 S 89 5J'OO" W 1 ,349 .79 FEET ; THEN CE L EAVING S.i>\ID
SECTION LINEN 03 15'09 " W 71.32 FEET TO A POINT ON THE CPHEP LIN f
OF IHE SILT PUMP CANAL: THENCE THE FOLLOWING SIX (6 j COURS ES AlO IJ G THf CENT ERL I NE OF SA-ID CANAL:
l _ S 89 59'JJ" ( 403 .49 FEET
2 . ALONG THE ARC OF A CURVE TO THE LEFT HAV IN(, A r:-.11 r·11 us o.p
l 20 . 12 F EET Af-JO A CENTRAL ANGLE OF 45 I l '~5". A DI STANCE
OF 94.76 FEET (CHORD BEARS N 67 24 '10· E 9 2,3Lff[l l
3. N 44 48' 13" E I 22. 5.3 FEET
4 . N 48 JO'tg" E 521 .90 FEET
5 . ALONG THE ARC OF A CURVE TO THE RIGHT HAV I W . f\ RflD I US 0 1=
3J5 _ 06 FEET ·~"JD A CENTRAL ANGLE OF 16 58 'Jr.1 • A D ISIANC.f
OF 9~ 2-7· -FH l-1/.HCRO 8E A.R.S-~L 5!; -59 '-14-" E-9>-! 90 FE:E/)
6 . N 65 28'49" E 332 .34 FEET TO A POI NT ON THE fA SIEP LY L !N[
or SECTION J4 ; THENCE ALONG SAID EAST SECTION LINE s 0 0 II '58 " E
728.45 FEET TO THE POINT OF BEGINNING, SAID P ROPERTY C O ~H A1~11w; 10.06J ACRES MORE OR L E SS .
REVISED 7/29/99 Contract# 0 0 0 l 0 6 CR# l ( a)
Map ID# __ 3_3_0 ___ _
Date Activated __ l~/_2_6~/_0 _0 __
WEST DIVIDE WATER CONSERVANCY DISTRICT
WATER ALLOTMEN T CONTRACT/LEASE
Name of Applicant: ___ C~. _,_,R,,_. __,C=o"'-mm==er,__,c'""ia=l....oPr--'-"-op"'e=rt=i=es=,-"ln'"""c=·--------------------------
Quantity of Water in Acre Feet: ------~O~n=e~----------------------------
Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado,
organized pursuant to and existing by virtue ofC.R.S. 1973 , §37-45-101 , ~(hereinafter referred to as the 'District") for an allotment
contract/lease to beneficially and perpetually use water or water rights owned , leased, or hereafter acquired by the District. By execution of
this contract/lease and the attached application, Applicant hereby agrees to t he following terms and conditions:
I. Water Rights : Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to
divert water, which will be supplemented and augmented by water leased here in. If Applicant intends to divert through a well , it must be
understood by Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources.
2. Quantity: Water applied fur by the Applicant in th e amount set forth above shall be diverted at Applicant's point
of diversion from the District's direct flow water rights , and when water is unavailable for diversion pursuant to administration by the Colorado
State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said
quantity in acre feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow ,
storage or otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal
availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully
complies with all of the terms and conditions of this contract/lease. The District and the Applicant recognize that some of the District's decrees
may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant
may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less
water than the amount herein provided, Applicant may so notify the Distri ct in writing, and the amount of water allotted under this
contract/lease shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only.
3. Beneficial Use and Location of Beneficial Use: Any and all water allotted Applicant by the District shall be used
for the fullowing beneficial use or uses: municipal , domestic and related uses , or commercial (except to the extent that Ruedi Reservoir water
may not be available for commercial as that term is defined on Pa ge 5 of C ontract No. 2-07-70-W0547 between the United States and the
West Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon
land owned, leased, operated, or under Applicant's control.
1
4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir and Green
Mountain Reservoir, or other works or fucilities of the District, or from oth er sources available to the District, shall be delivered to the
Applicant at the outlet works of said storage fucilities or at the decreed point of diversion for said other sources, and release or delivery of water
at such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir
or Green Mountain Reservoir shall be subject to the District's lease contracts with the United States Bureau of Reclamation. Releases from
other fucilities available to District shall be subject to the contracts, laws, rules , and regulations governing releases therefrom. Furthermore,
the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled
by the District in the future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action. Any
quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (October 1 ), shall revert to the water
supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water.
Water service provided by the District shall be limited to the amount of water available in priority at the original point of
diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees , may call on any
greater amount at new or alternate points of diversion. The District shall requ est the Colorado Division of Water Resources to estimate any
conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case.
5. Alternate Point ofDiversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's
water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree
is the exclusive responsibility of Applicant. The District reserves the right to review and approve any conditions which may be attached to
judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's fucilities or lands. Applicant
acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water
rights contemplated herein, and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible
for providing works and fucilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's
intended beneficial use. Irrespective of the amount of water actually transferred t o the Applicant's point of diversion, the Applicant shall make
annual payments to the District based upon the amount of water allotted under this contract/lease.
In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and
institute legal proceedings for the approval of such augmentation plan to a llow the Applicant to utilize the water allotted to Applicant
hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own
augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under Paragraph 19 below. In
any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the
District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof
6. Contract/lease Payment Non-refundable, one time administrative charge, in the amount determined by the Board
ofDirectors of the District from time to time, shall be submitted with the application for consideration by the District.
Annual payment for the water service described herein shall be determined by the Board of Directors of the District. The
initial annual payment shall be made in full, within thirty (30) days after the date ofnotice to the Applicant that the initial payment is due.
Said notice will advise the Applicant, among other things, of the water delivery year to which the initial payment shall apply and the price
which is applicable to that year.
2
Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January I. If an
annual payment is not made by the due date a flat $50 late fee will be assessed. F inal written notice prior to cancellation will be sent certified
mail, return receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set forth in this
contract/lease or application. Water use for any part ofa water year shall require payment for the entire water year. Nothing herein shall be
construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only.
If payment is not made within fifteen (15) days after the date of said written notice, Applicant shall at District's sole option
have no further right, title or interest under this contract/lease without further notice, and delivery may be immediately curtailed. The allotment
of water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District.
Upon cancellation of this water allotment contract/lease with the District, the District shall notify the Division of Water
Resources offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of all water use.
7. Additional Fees and Costs: Applicant agrees to defray any expenses incurred by the District in connection with
the allotment of water rights hereunder, including, but not limited to, reimbursement oflegal and engineering costs incurred in connection with
any water rights and adjudication necessary to allow Applicant's use of such a llotted water rights.
8. Assignment: lhis contract/lease shall inure to the benefit of the he irs, successors or assigns of the parties hereto.
Any assignment of the Applicant's rights under this contract/lease shall be subject to, and must comply with, such requirements as the District
may hereafter adopt regarding assignment of contract/lease rights and the assumpt ion of contract/lease obligations by assignees and successors.
Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment
contracts/leases. No assignment shall be recogniz.ed by the District except upon completion and filing of proper forms for change of
ownership.
Upon the sale of the real property to which this contract/lease pertains, Applicant has a duty to make buyer aware of this
contract/lease and proper forms for change of ownership must be completed.
9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules
and regulations of the Board ofDirectors of the District; and all amendments thereof and supplements thereto and by all other applicable law .
I 0. Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement"
with the District under terms and conditions determined by the board of Directors of the District, if and when, the Board of said District
determines in its sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for
additional annual monetary consideration for extension of District delivery services and for additional administration, operation, and
maintenance costs; or for other costs to the District which may arise through services made available to the Applicant.
11. Change ofUse: The District reserves the exclusive right to review, reapprove or disapprove any proposed change
in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted
hereunder without the prior written approval of the District shall be deemed to be a material breach of this contract/lease.
3
12. Use and Place of Use: Applicant agrees to use t he water in the manner and on the property described in the
documents submitted to the District at the time this contract/lease is executed, or in any operation and maintenance agreement provided by
Applicant Any use other than as set furth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph
8 above, shall be deemed to be a material breach of this agreement.
13. Title: It is understood and agreed that not hing here in shall be interpreted to give the Applicant any equitable or
legal fee title interest in or to any water or water rights referred to herein .
14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water
rights herein, and hereby agrees to be bound by any conservation plan adopted he reafter by the District for use of District owned or controlled
water or water rights.
15. Restrictions: Applicant shall restrict actual diversio ns to not exceed the Contract/Lease amount, which provides
water (on the formula of one acre foot per dwelling) for ordinary household purposes inside one single family dwelling, the watering of
domestic livestock, fire protection, and the irrigation of up to 6 ,000 square fe et oflawn and garden.
Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado
Division of Water Resources .
Watering oflivestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless
Applicant obtains approval from the Colorado Division ofWater Resources for commercial use/livestock watering at a horse boarding facility ,
provided that in no event shall actual diversions exceed the amount of water provided by this Contract/Lease.
Violation of this paragraph 15 shall be deemed to be a material breach of this Contract/Lease.
16. Well Permit: If Applicant intends to divert through a well, then Applicant must provide to District a copy of
Applicant's valid well permit before District is obligated to deliver any water hereunder.
17. Measuring Device or Meter: Applicant agrees to provide, at its own expense, a totalizing flow meter with remote
readout to continuously and accurately measure at all times all water diverted pursuant to the terms of Applicant's water right and the terms
of this contract/lease. Applicant agrees to provide accurate readings from such device or meter to District upon District's request. Applicant
acknowledges that failure to comply with this paragraph could result in legal action to terminate Applicant's diversion of water by the State
of Colorado Division ofWater Resources. By signing this contract, Applicant hereby specifically allows District, through its authorized agent,
to enter upon applicant's property during ordinary business hours for the purposes of determining applicant's actual use of water.
18. Representations: By executing this contract/lease, Applicant agrees that it is not relying on any legal or
engineering advice that Applicant may believe has been received from the District. Applicant further acknowledges that it has obtained all
necessary legal and engineering advice from Applicant's own sources other than the District. Applicant further acknowledges that the District
makes no guarantees, warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this contract/lease.
4
Should·the District be unable to provide the water contracted for herein , no damages may be assessed against the District, nor may Applicant
obtain a refund from the District.
19. Costs ofWater Court Filing and Augmentation Plan: Should the District, in its own discretion, choose to include
Applicant's contract/lease herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees
to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share
of the proceedings. Applicant shall be assessed a pro-rata share of the total cost incurred by the District in preparing, filing and pursuing to
decree the water court case. The pro-rata share shall be calculated by dividing such total cost by the number of contractees/lessees included
in the filing. To the extent that the District is caused additional costs because of objection filed specifically due to the inclusion of Applicant's
contract/lease in the filing, such additional costs may be charged specifically to Applicant and not shared on a pro-rata basis by all
contractees/lessees.
20. Binding Agreement This agreement shall not be complete nor binding upon the District unless attached hereto
is the form entitled "Application and Data Form to Lease Water From West Divide Water Conservancy District" fully completed by Applicant
and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement.
All correspondence from the District to Applicant referring to or relating to this agreement is by this reference incorporated into this agreement
as further terms and conditions of this agreement.
21. Warning: IT IS TI-IE SOLE RESPONSIBILllY OF TI-IE APPLICANT 1D OBTAIN A V AUD WELL PERMIT
OR OTIIER WATER RIGHT IN ORDER TO DNERT WATER, INCLUDING TIIE WATER ACQUIRED UNDER THIS
CON1RACT/LEASE. ITIS TI-IE CONTINUING DU1Y OF TI-IE APPLICANT1D MAINTAIN TI-IE V ALIDI1Y OF TIIE WELL PERMIT
OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING
STATEMENTS OF BENEFICIAL USE, OR OTIIERWISE LAWFULLY APPLYING TIIE WATER TO BENEFICIAL USE ON A
REGULAR BASIS Wl1HOUT WASTE.
22. AREA B. CONIRACTS/LEASES: IF APPLICANTS WELL OR 01HER WATER RIGHT 1HA T IS TIIE
SUBJECT OF THIS CONlRACT/LEASE IS LOCATED OUTSIDE "AREA A" AS DESIGNATED BY TIIE DISTRICT, 1HEN THIS
PARA GRAPH APPLIES: TI-IE AUGMENTATION WATER PROVIDED BY 1HE DISTRICT UNDER THIS CONIRACT MAY ONLY
PROTECT APPLICANTS WATER RIGHT FROM A CALL ON TIIE COLORADO RNER AND MAY NOT PROTECT APPLICANT
FROM A CALL FROM ANY 01HER SENIOR RIGHT. NO REPRESENTATION 01HER WISE IS MADE BY 1HE DISTRICT. IF THIS
IS A CONCERN ro APPLICANT, THIS CONlRACT/LEASE MA y BE RESCINDED UPON WRITTEN NOTICE DELNERED ro
THE DISTRICT BY TIIE APPLICANT WITHIN 1HE NEXT 30 DAYS FOLLOWING 1HE AFFIXING OF SIGNATURES ON THIS
CONlRACT/LEASE IN WHICH EVENT ALL SUMS PAID BY APPLICANT FOR THIS CONlRACT/LEASE SHALL BE
IMMEDIATELY REFUNDED TO APPLICANT.
~yR_._C~o .... mm__.J:;""e""rcc:ia""l-P.._ro..::p'--e-~-ie-s-, _,,,_In_c=fu_· -==.:.--==----........ ~'"'---..--.._~-~ ~Applkant
5
.. .
STATE OF COLORADO
) SS .
COUN1Y OF GARFIELD )
'2000,.by
Witness my hand and official seal.
(fl ,--. /} •7
My commission expires: --~o~·---~-· _s_~_(,..,_:::> __
ORDER
After a hearing by the Board of Directors of the West Divide Water Conservancy District on the application, it is hereby
ORDERED that said application be granted and this contract/lease s hall be and is accepted by the District.
WESTDlVIDE WATER CONSERVANCY DISTRICT
ATTEST:
"Secretary (_/)
This contract/lease includes and is subject to the terms and conditions of the following documents which must accompany
this contract/lease:
I. Map showing location of point of diversion (use map provided)
2. Application and Data Form fully completed and signed
3.
6
'·
Contract No. 000106CR#2(a)
Current 1/01/99 Map ID No. __ 3;:;;_;;_3=1--'.-· __ _
Date Activated __ 1--'/_2_6_/_0_0 __
APPLICATION AND DATA FORM TO LEASE WATER FROM
WEST DIVIDE WATER CONSERVANCY DISTRICT
A. ·APPLICANT
Name C. R. Commercial Properties, Inc.
Mailing Address c/o Stuver & George, P.C. ,P. o. Box 907, Rifle, CO 81650
Telephone '!..J.J}___/ 6 2 5-18 8 7 Authoriz.edAgent or Representative ___________ _
B. WATER R!G~ ?~~i!Xi~{!alf CANT OR BEING APPLIE'.D FOR .
Name of Right properties Wel J # 2 TypeofStructureorRight __ W.....,,_e ..... 1 .... 1 _________ _
Location of Point of Diversion (description from decree or permit) ______________ _
Garfield County SE1/4SE1/4 ;834 TSS R92W 6th P.M. 1064 ft. from
south section line, 371 ft. from ea st section line.
Water Court Case No. --------
(Attach copy of permit)
C. INTENDED USE OF LEASED WATER
Location of Area of Use (Include metes and bounds legal description of property on which water right is to
be used. May be attached as Exhibit) See Exhibit A attached hereto
for Lot 2
Total acreage of above-referenced parcel 9 • 7 5 2
Address of above-referenced property ________________________ _
DescriptionofUse Fire protection, ordinary household purposes inside one
single family dwelling, irrigation of not more than 6,000 sq. ft. of home
Total Number ofDwelling Units 1 gardens and lawns and the watering
Number of Constructed Units of domestic animals.
Number of Vacant Lots 1 -------
Potable Water System_~w~e_l~l~---Waste-Water Treatment System Septic/Leach
Type of Meter or Measuring Device ___ T_o_t_a_l_i_· _z_i_n-=g_F_l_o_w_M_e_t_e_r_t_o_b_e_i_· n_s_t_a_l_l_e_d_. __ _
Projected Monthly Volume of Leased Water Needed in Gallons:
THESE FIGURES ARE ACTUAL DIVERSIONS OR CONSUMPTIVE USE ONLY --
(Actual diversions must be used unless contractee has an augmentation plan)
Jan. Feb. Mar. __ Apr. May __ June. July __
Aug. Sept.__ Oct. Nov. Dec. __
Annual Total Gallons Acre Feet --~..._ __
Maximum Instantaneous Demand gpm
D. OTHER REMARKS
Date
-----~~~~~-
C.R. Commercial Properties, Inc.
Applicant
'·
EXHIBIT A
EROPERTY DESCRIPT I ON
LOT 2
A P''RCEL OF LANO SITUATED IN THE SE1/4SE1/4 OF SECTl(l N 34-T0W1-J S \!lf-·
:, 5'.>IJTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL M[RIOIAN /\Nb Mo1 ::E
Pl·RT I CULARL Y DESCRIBED AS FOLLOWS :
8! G 1 NN I NG AT THE SOU TH F. AST CORNER OF SE CT I ON .34 OF 5 ,.\ I[) IOWN5H I µ
AND RANGE : THENCE N 00 11 ·sa· w ALONG THE EASTERLY LINE Of SAID
Sl.CflON 54 A DISTANCE r)F 728.45 FEET TO A POINT ON lW CENTH~l_l~ff
1)~ IHE SILT PUMP CANAL . THE PO I NT OF BEGINNING; THEtJC.t.:
S 6 ::, 28 ' 49" W ALONG SAID <:ENTERLINE 332 . 34 FEET; THF.t ·l ·~E lEA v I NG
SAID CENTERLINE N 39 ~.1 ·05· W 973 .49 FEET TO A POINT :JtJ l'HE-
SOUTHERLY LINE OF THE "JE1/4SE1/4 OF SAID S ECTION 34; TH[t 1C.£
S 88 55·31" E ALONG THE SOUTHERLY LINE OF SAID NE1 /~l 1 /4 281.83
FCET TO A POINT ON AN EXISTING FENCE : THENCE S 87 3G'0 4-S A\_ONG
S AIU FENCE 642 .96 FEET TO A POINT ON THE EAST LINE (1r SAID S EOln~J
3t1; THENCE ALONG SAID EAST SECTION LINES 00 11 '58" [ c_,77.2,i FffT
TO THE PO I NT OF BEGINNING, SAID PROPERTY CONTAIN I NG Cl.. 751. l·.(RE S
M<1P,E OR LESS.
. .,
REVISED 7/29/99 Contract# 0 0 0 l 0 6 CR# 2 ( a )
Map ID# 331
Date Activated l /2 6 /0 0
WEST DIVIDE WATER CONSERVANCY DISTRICT
WATER ALLOTMENT CONTRACT/LEASE
Name of Applicant: ___ C~-~R~-~C~o=m=m=er~c=ia=l~Pr--'-=opr=-e=rt=i=es=·~In=c=·--------------------------
Quantity of Water in Acre Feet: ------~O~n~e~----------------------------
Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado,
organiz.ed pursuant to and existing by virtue ofC.R.S. 1973, §37-45-101, ~.(hereinafter referred to as the "District") for an allotment
contract/lease to beneficially and perpetually use water or water rights owned, leased , or hereafter acquired by the District. By execution of
this contract/lease and the attached application, Applicant hereby agrees to the following terms and conditions :
1. Water Rights: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to
divert water, which will be supplemented and augmented by water leased herein. If Applicant intends to divert through a well , it must be
understood by Applicant that no right to divert exists until a valid well permi t is obtained from the Colorado Division of Water Resources .
2. Quantity: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point
of diversion from the District's direct flow water rights, and when water is unavai lable for diversion pursuant to administration by the Colorado
State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said
quantity in acre fuet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow ,
storage or otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal
availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully
complies with all of the terms and conditions of this contract/lease. The District a nd the Applicant recogniz.e that some of the District's decrees
may be in the name of the Colorado River Water Conservation District, and the a bility of the District to allot direct flow right to the Applicant
may be dependent on the consent of the Colorado River Water Conservation D istrict. Ifat any time the Applicant determines it requires less
water than the amount herein provided, Applicant may so notify the District in writing, and the amount of water allotted under this
contract/lease shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only.
3. Beneficial Use and Location ofBeneficial Use: Any and all water allotted Applicant by the District shall be used
for the fullowing beneficial use or uses: municipal, domestic and related uses , or commercial (except to the extent that Ruedi Reservoir water
may not be available for commercial as that term is defined on Page 5 of Contract No. 2-07-70-W0547 between the United States and the
West Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon
land owned, leased, operated, or under Applicant's control.
1
4. Decrees and Delivery: Exchange releases made by the District out of s torage from Ruedi Reservoir and Green
Mountain Reservoir, or other works or facilities of the District, or from othe r s ources available to the District, shall be delivered to the
Applicant at the outlet works of said storage fucilities or at the decreed point of diversion for said other sources, and release or delivery of water
at such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir
or Green Mountain Reservoir shall be subject to the District's lease contracts wit h the Unite d States Bureau of Reclamation. Releases from
other facilities available to District shall be subject to the contracts , laws, rules, a nd regulations governing releases therefrom. Furthermore,
the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled
by the District in the future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action . Any
quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (October l ), shall revert to the water
supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water.
Water service provided by the District shall be limited to the amount of water available in priority at the original point of
diversion of the District's applicable water right, and neither the Di strict, nor those entitled to util ize the District's decrees, may call on any
greater amount at new or alternate points of diversion. The District shall request the C olorado Division of Water Resources to estimate any
conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case.
5 . Alternate Point ofDiversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's
water rights or storage water may be required in order for Applicant to use the w ater service contemplated hereunder. Obtaining such decree
is the exclusive responsibility of Applicant. The District reserves the right to re view and approve any conditions which may be attached to
judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands . Applicant
acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water
rights contemplated herein, and further agrees to indemnify the District from any costs or los ses related thereto. Applicant is solely responsible
for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's
intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of di version, the Applicant shall make
annual payments to the District based upon the amount of water allotted under this contract/lease.
In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and
institute legal proceedings for the approval of such augmentation plan to a llow the Applicant to utilize the water allotted to Applicant
hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own
augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under Paragraph 19 below. In
any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the
District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof
6. Contract/lease Payment Non-refundable, one time administrative charge, in the amount determined by the Board
of Directors of the District from time to time, shall be submitted with the application for consideration by the District.
Annual payment for the water service described herein sha ll be determined by the Board of Directors of the District. The
initial annual payment shall be made in full, within thirty (30) days after the date ofnotice to the Applicant that the initial payment is due.
Said notice will advise the Applicant, among other things, of the water delivery year to which the initial payment shall apply and the price
which is applicable to that year.
2
Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. If an
annual' payment is not made by the due date a flat $50 late fee will be assessed. Final written notice prior to cancellation will be sent certified
mail, return receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set forth in this
contract/lease or application. Water use for any part of a water year shall requ ire payment for the entire water year. Nothing herein shall be
construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only.
If payment is not made within fifteen (15) days after the date of said written notice, Applicant shall at District's sole option
have no further right, title or interest under this contract/lease without further notice, and delivery may be immediately curtailed. The allotment
of water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District.
Upon cancellation of this water allotment contract/lease with the District, the District shall notify the Division of Water
Resources offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of all water use.
7. Additional Fees and Costs: Applicant agrees to defray any expenses incurred by the District in connection with
the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with
any water rights and adjudication necessary to allow Applicant's use of such allotted water rights.
8. Assignment: This contract/lease shall inure to the benefit of the heirs, successors or assigns of the parties hereto.
Any assignment of the Applicant's rights under this contract/lease shall be subject to, and must comply with, such requirements as the District
may hereafter adopt regarding assignment of contract/lease rights and the assumption of contract/lease obligations by assignees and successors.
Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment
contracts/leases. No assignment shall be recognized by the District except upon completion and filing of proper forms for change of
ownership.
Upon the sale of the real property to which this contract/lease pertains, Applicant has a duty to make buyer aware of this
contract/lease and proper forms for change of ownership must be completed.
9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules
and regulations of the Board ofDirectors of the District; and all amendments thereof and supplements thereto and by all other applicable law .
10. Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement"
with the District under terms and conditions determined by the board ofDirectors of the District, ifand when, the Board of said District
detennines in its sole discretion that such an agreement is required . Said agreement may contain, but shall not be limited to, provisions for
additional annual monetary consideration for extension of District delivery services and for additional administration, operation, and
maintenance costs; or for other costs to the District which may arise through services made available to the Applicant.
11. Change ofUse: The District reserves the exclusive right to review, reapprove or disapprove any proposed change
in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted
hereunder without the prior written approval of the District shall be deemed to be a material breach of this contract/lease.
3
.,
12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described in the
documents submitted to the District at the time this contract/lease is executed, or in any operation and maintenance agreement provided by
Applicant Any use other than as set furth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph
8 above, shall be deemed to be a material breach of this agreement.
13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or
legal fee title interest in or to any water or water rights referred to herein.
14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water
rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled
water or water rights.
15. Restrictions: Applicant shall restrict actual divers ions to not exceed the Contract/Lease amount, which provides
water (on the formula of one acre foot per dwelling) for ordinary household purposes inside one single family dwelling, the watering of
domestic livestock, fire protection, and the irrigation ofup to 6,000 square fe et of lawn and garden.
Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado
Division of Water Resources.
Watering oflivestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless
Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestock watering at a horse boarding facility ,
provided that in no event shall actual diversions exceed the amount of water provided by this Contract/Lease.
Violation of this paragraph 15 shall be deemed to be a material breach of this Contract/Lease.
16. Well Permit: If Applicant intends to divert through a well, then Applicant must provide to District a copy of
Applicant's valid well permit before District is obligated to deliver any water hereunder.
17 . Measuring Device or Meter: Applicant agrees to provide, at its own expense, a totalizing flow meter with remote
readout to continuously and accurately measure at all times all water diverted pursuant to the terms of Applicant's water right and the terms
of this contract/lease. Applicant agrees to provide accurate readings from such device or meter to District upon District's request. Applicant
acknowledges that failure to comply with this paragraph could result in legal action to terminate Applicant's diversion of water by the State
of Colorado Division ofWater Resources. By signing this contract., Applicant hereby specifically allows District, through its authorized agent,
to enter upon applicant's property during ordinary business hours for the purposes of determining applicant's actual use of water.
18. Representations: By executing this contract/lease, Applicant agrees that it is not relying on any legal or
engineering advice that Applicant may believe has been received from the D istrict. Applicant further acknowledges that it has obtained all
necessary legal and engineering advice from Applicant's own sources other than the District. Applicant further acknowledges that the District
makes no guarantees, warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this contract/lease.
4
Should the District be unable to provide the water contracted for herein, no damages may be assessed against the District, nor may Applicant
obtain'a refund from the District.
19. Costs ofWater Court Filing and Augmentation Plan : Should the District, in its own discretion, choose to include
Applicant's contract/lease herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees
to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share
of the proceedings. Applicant shall be assessed a pro-rata share of the total cost incurred by the District in preparing, filing and pursuing to
decree the water court case. The pro-rata share shall be calculated by dividing such total cost by the number of contractees/lessees included
in the filing. To the extent that the District is caused additional costs because of objection filed specifically due to the inclusion of Applicant's
contract/lease in the filing, such additional costs may be charged specifically to Applicant and not shared on a pro-rata basis by all
contractees/lessees.
20. Binding Agreement This agreement shall not be complete nor binding upon the District unless attached hereto
is the form entitled "Application and Data Fonn to Lease Water From West Divide Water Conservancy District" fully completed by Applicant
and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement.
All correspondence from the District to Applicant refening to or relating to this agreement is by this reference incorporated into this agreement
as further terms and conditions of this agreement.
21. Warning: IT IS 1HE SOLE RESPONSIBILilY OF 1HE APPLICANTlD OBTAIN AV ALID WELL PERMIT
OR OTIIER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING TIIE WATER ACQUIRED UNDER TIIIS
CONTRACT/LEASE. IT IS 1HE CONTINUING DUTY OF 1HE APPLICANTlD MAINTAIN 1HE V ALIDI1Y OF TIIE WELL PERMIT
OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING
STATEMENTS OF BENEFICIAL USE, OR OTIIERWISE LAWFULLY APPLYING TIIE WATER TO BENEFICIAL USE ON A
REGULAR BASIS WITHOUT WASTE.
22. AREA B. CONTRACTS/LEASES: IF APPLICANTS WELL OR OTIIER WATER RIGHT 1HA TIS TIIE
SUBJECT OF TIIIS CONTRACT/LEASE IS LOCATED OUTSIDE "AREA A" AS DESIGNATED BY TIIE DISTRICT, TIIEN TIIIS
PARA GRAPH APPLIES: 1HE AUGMENTATION WATER PROVIDED BY TIIE DISTRICT UNDER TIIIS CONTRACT MAY ONLY
PROTECT APPLICANTS WATER RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT
FROM A CALL FROM ANY 01HER SENIOR RIGHT. NO REPRESENTATION 01HER WISE IS MADE BY THE DISTRICT. IF TIIIS
IS A CONCERN TO APPLICANT, TIIIS CONTRACT/LEASE MAY BE RESCINDED UPON WRITTEN NOTICE DELIVERED TO
TIIB DISTRICT BY THE APPLICANT WITIITN THE NEXT 30 DAYS FOLLOWING TIIE AFFIXING OF SIGN A TURES ON TIIIS
CONTRACT/LEASE IN WHICH EVENT ALL SUMS PAID BY APPLICANT FOR TIIIS CONTRACT/LEASE SHALL BE
IMMEDIATELY REFUNDED 1D APPLICANT.
ial Properties,~
~~?~~-
5
STATE OF COLORADO )
) SS.
COUNlY OF GARFIELD )
, 2000, by
Witness my hand and official seal.
My commission expires: ___ t_· --~?_>_-_~o_3_ ... _
Notary Public
ORDER
After a hearing by the Board ofDirectors of the West Divide Water Conservancy District on the application, it is hereby
ORDERED that said application be granted and this contract/lease shall be and is accepted by the District.
WEST DIVIDE WATER CONSERVANCY DISTRICT
ATTEST:
'
J._o oo u Secretary
This contract/lease includes and is subject to the terms and conditions of the following documents which must accompany
.this contract/lease:
l. Map showing location of point of diversion (use map provided)
2. Application and Data Form fully completed and signed
3.
6
I
I
I ·
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Form No. OFFICE OF THE -TE ENGINEER ,I)
GWS 25 COLORADO DIVl~ON OF WATER RESOURCES
8]8 Centennial Bldg., 1313 Sherman St.. Denver, Colorado 80203
(303) 866-3581
WELL PERMIT NUMBER __ 2_1_7_9_8_6 ___ _
APPLICANT DIV. 5 WO 39 . DES. BASIN MD
CR COMMERCIAL PROPERTIES INC
C/O STUVER & GEORGE PC
BOX 907
RIFLE, CO 81650-
(970) 625-1887
APPROVED WELL LOCATION
GARFIELD COUNTY
SE 1/4 SE 1/4 Section 34
Township 5 S Range 92 W Sixth P .M .
DISTANCES FROM SECTION LINES
Section Line
Section Line PERMIT TO CONSTRUCT A WELL
1100 Ft. from South
1200 Ft. from East
1)
2)
3)
4)
5)
6)
7)
I
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
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 this 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 37-92-602(3)(b)(ll)(A) as the only well o n a tract of land of 43 .00 acres described as that portion
of the SE 1/4, SE 1/4, Sec. 34, Twp . 5 S. Rng . 92 W, Sixth P.M ., Garfield County . Reference the attached exhibit A.
The use of ground water from this well is limited to fire protection, o rdinary household purposes inside not more than
three (3) single family dwellings, the irrigation of not more than one (1) acre of home gardens and lawns , and the watering
of domestic animals.
The maximum pumping rate of this well shall not exceed 15 GPM.
The return flow from the use of this well must be through 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.
This well shall be constructed not more than 200 feet from the location specified on this permit. ~
NOTE: Expired permits 161130 and 174464, were previously is s ued for this parcel.~ ;;:J(ZS~
APPROVED
KJW
Recei t No . 4453987 0 1 1999 ·1 2001
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
EXHIBIT 3
DEEDS OF PREDECESSORS IN TITLE
1·.
I
I
I
I
I
I ' 1 ·~ J '
I \
I \
I
I
I
I
I
I
I
I
I "' " I ii
Recorded a1 _ __,_/___,:(.;..: fu'f-o rii:.Je P
Rc.ceplionNo . 45~1.JO ~1.. c-)11c=--~-~a----=~-81_;..-9~-1Q_ct-z..--?--...-=--.....-~---_.-Rc-rn11~~Q8g3 I'!(.: 9GS
~
(\)
~ ~
QUIT CLAIM UEED
TlllS DEED, MaJe 1hi• 28th J;iy of Febru.:i.cy . l'I 9~ .
bc1wc.cn PHYLLIS L. HENRY
of ohc 'Cuun<y .,f Garfield ::m J S1 ;11c or
Cnlm;;nlo. f;,fJ nlnr. ;and
DONALD F. GARDINEER AND CATHARINE C . G/.RDINEER
1025 -22 7 Rand Rifle, CO 816 5 0
of ohc County o f Garfield
WITNESSETll. Thal the ~rantor. fnr :1ml in c.:u n ~idcratulll of ihc ~u m or
FEB 2 8 1991
GARFIELD
State Doc. Fee
---Ten doll ars and other good a nd valuable con sideration---------. DOI.LARS
the receipt and sulflcicncy of which is hereby acknowledged. has rcmi~cd. rclc;i~<l . sulJ :and QUIT Cl.J\IM[O. :m d hy lhcsc
pr~nts docs rcmisc. rclasc. sell ;ind QU IT Cl.AIM unto t he J~r:inlc c;ii;. I heir h<.·ir~. ~u ... ·t.·cs~o r~ and :l!lisi~n~ foreve r. not in lcn:incy
in common. but in jo int tcn=incy, all the righ t . 1i1lc. inlercsl . claim am.I demand '"hich Che ~r ;mtor h ;u in and to the real prtirxrty,
together with improvements. i[cmy. s ituate . lyi ng ilnt.I bei n g in l'1 c County
of Garfield and Sia le of Colorado. described as follow.:
SEE EXHIBIT "A" ATTACHED HERETO
AND FORJHNG A Pt.RT HEREOF
al so known l:l y stree t an<l numOcr a..c;:
TO llJ\VE AND TO HOLD the same. tngclhcr wi1 h all :lm l "inguhu the :l rpur1en :1m:c~ :rnd pri v de~cs thcn:unt u hclonf:_ing o r in
anywise thereu nt o appertaining.. and a ll the e slatc . right. title. intl:n:st anti ..:!aim" h;1t soc,cr . 11f the t:.ra11h1r . eithe r in l;1w t
1r c4ui t y. to th e
only proper use. benefit and bchoor or the gr:mc ecs. iht:ir heirs :m<l a.ssip1:-. f11rc ,a. The :-.in!!ular 111Jmhcr :t.hall include the plural. the
plural lhc si n-gular. am.I the use of ;my ge ntler shall he :1 ppli1.:abk to all genders .
IN WITN[..')S \VllEREOF. The ~r:mtPr h:is nco11cd 1hi s tlcnl o n !he 1b1c set lorth :1~"t·.
r ··J'') ~'JL
' //; J " .: ,, C!i-/\"v\.. '2k
PHYLLI J L. HENRY ·
STAT[ or CO LOH,\IJO.
County of Ga rfi e ld
The forc~oi n ~ ins1rumcnt u a s a(lrnJu. lc 1 l ~c t.I tx f11n: rn c 1h1 .;;
by PHYLLIS L. HENRY
. l 'I
'-------====-------_-_:-_-o ::=.. -.-.
JI . . . .c. ) . 7:
28th Februar y
400 7 th S t ree t S~·-··;ra~O
Rl f l e , CO R IG ~O
. I '/ 94
·l omot •--.I A ,1,1u·~t ,_. r~""""' I,,..,.,.,,._,,._., I 1r ••f"d 1......, l~r<-l f l ... l \.I°"' \(°~I
---=-~ :.·.=-;
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I \
' '
\
EXllIOIT "A"
A parcel of land situated in the El/2SE1/4 <111d the Wl/2 S E1/·1 of
Section 34, Township 5 S o uth, Rang£ 92 West of the 6th Prin c ipal
Meridian and more particular l y described as foll o w":
Beginning at the Southea s t C o rner of Section 34 o f said Town s hip and
Range thence along the South line o f Said S e c ti o n 1 4; So uth 8'l"5l 'OO"
West 1349.79 feet; th ence leilvi n s said s ect i o n L i ne fl ort h OJ 0 L:i'09 "
West 321.05 feet; thenc e No rth 07°04'10" Wes t /.lJ .48 fe e t; th r.n c e
North J6°Jl'44" West 10 1.40 f ee t; thence North o n °n 5 'J 7 " W ~st 1n·· .. 3 s
f eet; thence North 02°04'7.9 " F,.~st 35 1.14 f eet ; t 1i .. 11 c e No r·t lJ 01 ·11:•1 5 "
East 144. 66 feet; thence North 11 °CG' 17" Eas t 1 56. ·11 f ee t t o a p <> i nt
in a fence; thence Sou th 87 °36 '0 4" East l •ll '..i.7 1 fe e t »l o n g.~ l •.'n c e
and to a point on th e Ea s t line of said Sect i o n 3 4 ; th e n ce a l o ng
said East section line S o uth 00 °1 6 '57" East 130 5.JR fe e t to th e P O INT
OF BEGINNING . r 1-1
-!/.~,lo . J1!u , I~<-/J;/, ~-~ ;t, cf_
/
/6 ,--::-.-C /;a x~-,:_;;;_,,
~-;~,GK.e r/ S./,-_ (~ F -:01
I
I
I
I
I
I
I
I ' \
I \
I
I
I
I
I
I
I
I
I
""' "'
Iii I 2 .I
Rcconkd •t
Reception No .
BOOK0893 rer.: 966
WARRANTY DEED
TlllS DEED, MaJc 1hi• 28th Jay of Fe bruary
19 94 , bciwcen PHYLLIS L. HENRY
of the •counly of GARFIELD
Stale of Colora<lo, gr:mlor, and
DONALD F. GARDINEER AND CATHARINE C . GAIWINF.ER
onJ
FEB 2 8 199'
GARFIELD
State Doc. Fee
$ !:? g5
who~ lq!al ;1tldrcss i'.'li 1025 -27.7 Ro.1d R if l t>, CO A 1 6 'iO
of lhc County of Garf i el<l :111d :;;1;,1c o f Colnr;,Jn. J!l.llllCC:'i>:
WITNESS . 1h:11 lhc gr:mlor. for ;m<l in con~id rra linn of lh c ~um of
---One Hundred Tuenty Eight Thousand Five Hundr e d and no/100-----DOIJ .ARS.
the rcccipe and sufficiency of which is hcrchy :u.::lnowlcJgcd. h;,:o; granted. h:1ri:::ai 11ct..I. ~olJ Jnd (unvcyc<l. an<l by lhc:o;.c prc ~c n l ~ duc:o;.
gnnt , bargain . M:tl. convey :m<l confirm unlo chc (!f;in1cc:o;. their heir"' :md a :o;.~ig ns forcYcr. nol in tenancy in common hul in joi nc 1cnJncy,
~11 lhc real property. logcthcr with improvc mcnt!ii , ir any. !ii it .. ;1te. lying ::i.nJ hcing in the Cou nt y or
Garfield and S1a1c of Colomlo. dc•.-rihcd,. follow .:
SEE EXHIBIT "A" ATTA CHED HERETO
AND FORtlt NG A PART H£REOF
also known by slrcct and numOcr as
TOGETllF..R with all and s ingular lhc hc rctlilamcnts :Jn<l :-ipp•1rtcnaoccs thereunto hclonging, or i n ::i.nywi~ appcrt:tining ;m<l 1hc
rcvc.r.oion anti rcvcr.oion ~. rcmJin<lcr :mJ rcmJindc rs. rent s. i s~ucs :JnJ profit.., thereof. :ind :lit !he es1a1c. ri g hl. 1i1l c, in1crc~t. c la im J.nd
dernan<l whatsocvcr of the gr;mtor. either in law or eq uity. or. ir and to the ::i.b4.1vc h<Hl_::Jinctl pr etni!iie.\. wich chc hen:t.l1t:1111ent.\ and
appurtenances .
TO llA~E AND TO llOLD the said prcmi.\Cs aho vc hargai nc tl ;m<l dc.\cr ihc<l . wi 1h the :ippur lcn:mce!ii. u nlo lhc ~r:mlcc.\, th eir heirs
and a."i.\igns forc:vcr . And the ~r:mtor. for him~lf. hi.\ heirs an<l pc r:i..on;ll rcprc!iic n1:11ivc.\. Joe.\ t:nvc nan(. grJnt. h:irg~i n ant.I J~n:c to :m<l
with the grantees. !heir hcir.o an<l <l.~"iign.\, thal 3l lhc lime of the cnsr.alin~ am.I deliver y o r lhl.'.~C prc!icnls. he i.\ >A'Cll sci1.ctl o( the prcnuse:s
aOOvc convcyct.1, has good. sure. pcrfce l . .Jh..\o lulc and i ndcfea~ihk c .\l ;11c of inhcr il:iucc. in l;1w. in fee ~im.plc •. 1nd h ;,1s J;tt\M.i ri i;hl. full
power and lawful aulhority to srant, b.JrgJ.in , sell ~mt.I convey the S;t.1.C in manne r and ftirm ;if~1rc.\=tid . ;m<l lh=tt the s ame Jn: free ::ant.I clar
from .all fonucr :ant.I other gnnts. hugain.\ • .\ales . li e ns, la.1.e~. J.~.\.::s.\mcnt s. c nc um h ran ce~ J nd rc ~1ric1ioM of w h•Jt cvc r L:inJ or nJlurc
soever. except general taxe s a n d assessmen t s for the year 19911, and subsequ e nt yea rs
easements, rights of way and restrictiors, of record a n d any a nd all prior
mineral reservations and U. S. Patent r ese rv a tion s
The grJntor sh.all and will WARRANT ANO ffiREVER D1 :Fl2ND the all\1vc .bar ~:i incd premise.\ in the quiet anti pcxublc:
possc:oosio n o( lhc gr.mice.\, their llci~ anJ 3...,.\igns, 3(l.3in!iil a ll ;u ~<l every person or pc~ons l:twfully clai minJ: the whole or ::tny ~
lhcrcof.
The singular number sh.Jll inclu<le the p lural . chc plural the ..,ir.gular. anti the u !iic or ::i.ny ,ecndcr !ii hJll he :lpplic :oibk to all gcrllkrs.
IN WITNESS \Vll E REOr= thc grantor h as occut ed 1hi s Ucct.l 1111 lhc d ace ..,c t fonh :1hoc,1\'C .
(~,,1''alf) ~ 11\'\HL
'°"Phy lis L. l{eflry (\
STATE or COLORADO
Councy of Garf i eld
ii
Ii
II
!I
1:
The foregoi n g instrume nt wa.' ;,d.nowlc<lgc t..I hcfon::: me !111' 28th d:iy of Fe bru ,1r y . 19 91• . 'I
:I
by Phyllis L. He nry ..
I
W1 t n("" m y h .:rnd .111d Pih• 1.1 1 "-<::11
~ly Ct•m1,u H u•nnp1n:, 0 11 /29/9 /~ , l'I
&Z//~-
& 00 7 th S treet S o 1 1000
Rl[J c . CO R I G ~O !I ----
No . 921A. Rc-•. ).~. 'l'ARAANTY or.roH• .....,'"' n ....... ,
~_;. d y
.I'.', c. /_ T..
, ............ ,_cn 11 n1n1 -11n11 1.,1 0 M -11 n Io . 9 s
I .
I
I
I '·
./
I
I
I
I \
I \
I
I
I
I
I
I
I
I
I ' " '-.
·--
eoo~0893 r!r.; 967
EXHIBIT "A"
A parcel of land situated in the El/2SE1/4 and the Wl/2SE1/4 of
Section 34, Township 5 South, Range 92 West of the 6th Principal
Meridian and more particularly described as follows:
Beginning at the Southeast Corner of Section 34 of said Township and
Range thence along the South line of Said S e ction JI\; S.outh 89°53'00"·-
West 1349.79 feet; then c e leaving said sec tion line North 03°15'09"
West 321.05 feet; thence North 01•01\'lO" West 213.1\8 feet; thence
North J6°Jl'44" West 101.40 feet; thence North 09°05'37'' West 106.38
feet; thence North 02°01'2 9 " Eas t 351.11\ fe e t; th e n c e No rth OJ 0 0J'l5"
East 144.66 feet; t"hence North 11°06'17" East 156.41 feet to a point
in a fence; thence South 87°36'01" East 1415.71 feet along a fence
and to a point on the East line of said Section 34; thence along
said East section line South 00°16'57" East 1305.78 feet to the POINT
OF BEGINNING
EXCEPTING therefrom any ~ortion ~f the above described property in
the NE1/4SE1/4 of said Section 34.
GRANTOR hereby reserves any and ~11 remaining oil, gas and mineral
rights, Granter hereby stipulates that on any eventual lease of said
oil, gas and mineral rights that Gr~ntor will stipulate in the lease
that there shall be no drilling ~ctively allowed on the subject
property.
f I+
;/Jv~~£d!SM
/6 zo <2 1d 1Ludh,e._
/~<»/~c_ ~
/'/6 0 /
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Recorded at q ·:-::::, d-o'clock ()._ M. JUN 1 3 1981
Recept\on No. ; f.; :~ ,,',13 MILDRED ALSDORf, RKORDE~
DEED OF DISTRIBUTION
, .• )(.; "'"''I i)l):JK O......:> HGt.;1, ·!.
BY PERSONAL REPRESENTATIVE
THIS DEED is made by Gerald D. Hartert, as Personal
Representative of the Estate of Maxine Mae Hill, Deceased,
Grantor, to Linda Sue Wilks, as Trustee of the trust created
under the Will of Maxine Mae Hill, Deceased, Grantee, whose
address is 2856 Iron Hill Way, Riverside, California.
WHEREAS, Grantor is the qualified Personal Representa-
tive of said Estate, Probate No. 82PR14, District Court,
Garfield County, Colorado, duly appointed by said Court on
March 16, 1982; and
WHEREAS, Grantee is entitled to distribution of a
one-half (1/2) interest in the hereinafter described real
property, pursuant to deceased's Last Will and Testament
dated February 15, 1 977 admitted to probate in District
Court, Garfield County, Colorado on March 16, 1982;
THEREFORE, Grantor conveys, assigns, transfers and
releases to Grantee an undivided one-half (1/2) interest in
the following real property in Garfield County, Colorado:
Tracts numbered 35, 36, 45, 46, 49, 50, 51, 52, 61, 62,
63 and 64 in Sec. 34, T. 5 S., R. 92 W., 6th P.M., as
shown on plat #1 of The Antlers Orchard Development
Co., which plat is filed for record with the County
Clerk and Recorder for Garfield County, Colorado,
saving and excepting therefrom the rights-of-way for
roads, lanes and irrigation ditches in, through and
across the above described lands that now exist, and
excepting that portion of the above described l ands
previously conveyed by deed recorded December 18, 1979
as Document No. 300340 in Book 541 at Page 190. This
land is otherwise described as the NW~SE~, and the
S~SE~ of se·c. 34, T. 5 s., R. 92 W., 6th P.M., contain-
ing 77 acres, more or less, subject to the before
mentioned exceptions for roads and ditches. Together
with all improveme nts thereon and with all water rights
appurtenant to said lands and particularly, but not by
way of limitation , 17 shares of stock in the Farmers
Irrigation Co., together with any and all rights
represented thereby. ---Executed V ~ 9 , 1983.
I
·<dtL#~ ~rald D. Hart ert
l~ .
..
l_
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I -·,
I
I
R~orded at q ·. 5("l o'clock _{l_ AA; JUN 1 3 198~
Reception No. ~I :}~j .,;J .. 2 /AILOR ED ALSDORf, RECORDER
DEED OF DISTRIBUTION
BY PERSONAL REPRESENTATIVE
THIS DEED is made by Gerald D. Hartert, as Personal
Representative of the Estate of Maxine Mae Hill, Deceased,
Granter, to Linda Sue Wilks, Grantee, whose address is 2856
Iron Hill Way, Riverside, California.
WHEREAS, Granter is the qualified Personal Representa-
tive of said Estate , Probate No. 82PR14, District Court,
Garfield County, Co lo rado, duly appointed by said Court on
March 16, 1982; and
WHEREAS, Grantee is entitled to distribution of a
one-half (1/2) inte re st in the hereinafter described real
property, pursuant t o deceased's Last Will and Testament
dated February 15, 1977 admitted to probate in District
Court, Garfield County, Colorado on . March 16, 1982;
THEREFORE, Gra n ter conveys, assigns, transfers and
releases to Grantee an undivided one-half (1/2) interest in
the following real property in Garfield County, Colorado:
Tracts numbered 35, 36, 45, 46, 49, 50, 51, 52, 61, 62,
63 and 64 in Sec . 34, T. 5 S., R. 92 W., 6th P.M., as
shown on plat #1 of The Antlers Orchard Development
Co., which plat is filed for record with the County
Clerk and Recorder for Garfield County, Colorado,
saving and excepting therefrom the rights-of-way for
roads, lanes and irrigation ditches in, through and
across the above described lands that now exist, and
excepting that portion of the above described lands
previou sly conveyed by deed recorded December 18, 1979
as Document No. 300340 in Book 541 at Page 190. This
land is otherwise described as the NW\SE\, and the
S~SE~ of Sec. 34, T. 5 S., R. 9 2 W., 6th P.M., contain-
ing 77 acres , more or less, subject to the before
mentioned exceptions for roads and ditches. Together
with all improvements thereon and with all water rights
appurtenant t o said lands and particularly, but not by
way of limitation, 17 sha res of stock in the Farmers
Irrigation Co., together with any and all rights
represent ed thereby.
Executed T ~ Y , 1983.
..
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
•. -~~J>.L •• ......._..,_.."'-J:.I,!..-.
. ·, ::-
L
..; .
. ,
.. ·-·"·" .:. ::...:. .. 1_.,_ .
..... .:....~.·-· .. -.: ..... il ;'~ ..•..
========~==========~--==~=~-~=-------~-~====~
T111-: lh:t:n . lfa4c thi.-
hf't•t~a
KAXJNE HILL
CXx:urher • u 79,
11( thf'
fl( lh (int part, and
C"ountr of Garf ie 1 ~-and S1.a1.a· of Colorado,
PJ :YL LIS L. l!EtmY, w.hose address
is Box 10E2, Rifle,
DEC 1 8 197S
~=, -r ... ~1··~1 ;.·11.;r r ~;
-
of t..he Co"°t7 ot Car f ic 1 d and State of Colorado. of the Heond pert :
WJT~E.f SITT ll, n.a.t the said rut y of tile fiM part. {nr-aD d i.n c 1 >n~ideration of the ~um at Eighty-
Six Thousand Six Hundre d Fourteen and No/l 00-------------DOLLARS,
of tbe firit p.., t in band paid b7. the •~id party
h4·n.·br <Cmfcucd and a Ckno .-lt-d.:-.-d , h a S cnn~. bar.r-.•inl-d.. p.o!d 11t.nd con ,'('"r cd , ar.d h~-tl1 r&e pr..-uah does
grant.. L~ri:-ain, •tll , conves and-cofl fin:n , unto the n.Jd part V "Ct~'" :-f"\·ond 1·•'1 . h er
ho ·ir ' knd •"!-:i-ns for.,.or, all the Collowina-.lu.cribC'd Jot ... or J•:lt<f'f t•f "-ntl, .,j1ua\e . lyini-and Wine In the
Cfluntr of Gar f ield 111id St.ah o!Colorad o, ~•il:
A partel of l and situa ted in the E 1/2 SE 1 /4 and the w 1/2 SE 1 /4
o! S0ction 34, Township 5 South, Range 92 Kest of the 6th Principal
M e rid~a 11 a n c more par t icularly described as follows:
I
,j
I
Bc:,ginning at the Southeast Corner of Section 34 of s aid Township I
and Range thence along the South lin e o f said Section 34; S 89°53'001
E 1349. 79 Feet; thence leaving said se c ti o n line N 03°15'09" ;:
1·1 32 1.0S feet; t,hcnce N 07°14'10" '" 213.4 8 feet; thence N 3G 0 31'44" 'j
II 101.4\\ feet; thence N 09°1S'37" 1-; 106.38 feet; thence~! 02°04'29"
E 351.14 feet; thence N 03°03'15" E 144.66 feet; the nce N 11°06'17 " ·1
E lSG.41 " feet to a point in a fence; thence S 87°36'04" E 1415.71 :J
feet along a fence and to a point· o n the East line of said Section ·i
34; thence a l ong sai d E~s t sectionline S 00°16'57" ~ 1305.78 feet to
th e point of beginning, contain ing 43.486 acres more or less.
To<;c th er \·1ith 43 share s of stock in The Farl'lers'
a nd the 1:a ter r i<]h':s r e :orcsented thereby.
I rrigation Company
i
This con veyance is ma de ex~ressly subjec t to the following co~e nant .i
and restriction upon use of the ilbo\'e descr i bed property, to wit: .
1
.
that there s h all not he placed, installed or l ocated upon said
property or any part thereof, any mobile home, or temporary
stru ct u re of any nature. For the purposes of this covenant and
restriction upon use, "mob il e home" sha ll include, but not by way ;!,JI
of limitation, ahy unit manufactured w it wheels and capab l e, as
man11factured, of bei n g transported fron o ne l ocation to ,,no ther. ;
, Provided f11rther, thilt this convenant an d restr\ction 11p o n use shall
· not restrict th e l ocation of a o~obile home or temporary sttuc ture '
o n the property for a tota l period not to exceed six mo nths , when
such location thereo f is in conjunction with c o n struc tion of a
permanent building thereon . The foreg o ing co venant and restriction
0 n u s e sh<1ll be a cov enant running with t itle to said l ands and
shal l be binding upo n s aid party of the second p<1rt and her
suc ce sso rs in int e r e st to title to said p roperty. ·
TO•iE'fllElt wilh Jiil a nti ,.t n r;rular t h e h<'r«-dilamt-nb 1H1 J •l'Jlll r1 ,,.rVln<"'s lhf'rrt..o l.J4'1onrLnK. or la •l'IJ•\i"e
"'l'llt-rt1ti ni11 .c . a11d tht' ro ·n ·1si1-n ""'' tt'l't'r ~i o n..,, "m•lndrr 11o nd rt'm"i n.i r r '.". r .-n t !-, ll'I SUf'• •nJ prt •(lh thcr t <1f; 11.nd all
11," '"'111t1', 1i~li t ; tillr , intuf'.•l . rl 11 im an<i dt'trund .. ·haUOt"\'"T n( thr ~11id 1.11 rt o ( the tiut r,..rt, "ithf't In law
.. , •·•iu1t ;;. ,.f, in and t .. th" .ti.ov" Laqcaint'J 1•1t·1n;, .. ,, "'·ith ti..· tJ,.,, .. ti'.11t11ir11l -111 1<1 •1•1•111 1 rn1u 1<1·s . Prnv i 1\:<:I,
!v.~··:t·r , th.\t 1:~i s (1 111 \·1-y.111•<:-i ;. \.•itl 'Jlu t ,"\J 1y ... :,11 11nly \~h:i t ~.rw .. .-t ,. .1~; tn .""I n )' f .r'lr-
1 i111 1 <•f till · .1l,1·:t (l<•;..~1 il1t 1 l 11:~1 ··~~ I·,-i f'n in ll '<' ·:1 1 ,::1·.1 ~ ,.....r1·ti •}:1 )', 'J)1 . 'j :-..,
J I <1.1 l:. , (.t I 1 1· .11.
I
I
I
I
I
j .
I
I
I
I
I
I
I
I
I
I
I
I
I
I
:'-.... _.
•. _,iJ•:( • ~.: ;.; ·...;~ : •.•... :"._.·, '•:.:' • '' ';,' ·.·: .,,· •. L •'.• • ...: ~--· . ..--~---~ ... : .. ·~4 : .... _,~ ...... -•.: =...;.:..~O.·-•• . -~ ·-.... · __ --· ; .. ' :·
TO RAVE ASD TO HOLD.the" utd prt'mlsu aOOYe b ·1r1t•inrd &nd de!<c tt ~. with the appurt<ll'nancn, unto thC'
~·i.J JUI.It y of the l «Ond rnrt. her 11 ... lu .. nd aHlfn" for~u . And t he aald r•rty of t _h e firrl part.
for her 11d f, her heirt, necuton_ a nd adnUal•trato,.., & es covenant, 1ttanl, barialn and A£"t f't to and w ith
the said put y of t h 11tt-0nd part. re"r ht-Its and •"'!ir-ns, t.h.t.t 11t the t i me of lht tniroullnit and dC"Jinry of
tho e prut>nh she is 1011 ulud of thf prf'mlH" a ~•JWf' <'1r,1'1")"c-d. u of coad, sure, rerfect.. ab~,,1utir and
intlrfullil·le r:olaU of lnhC"r ilan«, 'to la •, in tu almrl,, a11d haS iood richt.. full power and lnr1.i.I aulhorl:r to
i;rnnt.. b:ar1:;'\in, ,..,.Jl •n4 com:e1 the sune In manner a,1\J form u alort'ufd, and that lhe nmc are frtt ~nd
d•a r /rClm all former a nd othu v-nh. berc:aln1; plet, li ~n•, t.u:u , af.lt'l•&m t>nl~ and C'flcumbrancu o( w bakvu
l..in'1 c.r r.atu r(' •<>•,·•r., except t..""\Xes ~or l 979, due in 1980; e .• "<cept rC".scIV?ltions ar¥3
"-':=ptJor.'s contained in Uni t ed St.cites Patent; prior rese rvation of an undivided
three-fourths (3/4) i.htcrest in and to all oil, gas and othe r minerals as set
foi-th in inst rurcnts rea:irOed as Doc\.r.e.n t l'lo ; 173110 am Dxtr.cnt No. 2~0l.12 of
the · rca::>rcls of U-,e Carfic1d County clerk am ·P£.-'COn1cr; except oil, <JilS and
ri1~al l ea~5 of rccor<l; iU't.l except c x istinc:i caSQfl'Cnts and ri<jhts-of-way,
aud th• •bov e berc•i nf'd ptt'misu .In t.hc quid and ~ea hie P.O•Me••io c •(the aa.ld party ·of the ltt'<'ond part.
h r.r b ·ir!" •nd 1H .~i rn!l au; ir.~t •II 1·!'lcl n-' r y •'"~''" o r ptr ~ons l a..,.fullf c1aiminc or to claim the whole or rtr:1
p ;i rt th•~t-'•f, .thr .. aid put y cf t}.e ft i rl ·rart 1tran an:J ··••ill l\. AH.RANT AND fORl.."\'ER 11Eff.!'\D.
I'." WJT:\ESS WHF:RE(>f', the uid ~art Y ot the nr.•t part lu.S her-eunlo •ct her hand
a nd l!t'al
·--·-·-·-··-·-·········-····--···---\SEA LJ
................... ·-·····-··-····-·-····-···-···f SEA LJ ····----·•••••••••···-····--··-··-····-····-·-··•-•··--":".--··T ··,-·••·•••
STATE OF COLORADO,
Co unty vf r.11 r fie l c
dar of Dcca1ber Tht f Ot'f'k'f•inK' in ~hunu·nl wu ack-DO'Wlt·<h:ird b41ort me tbls
u 79 .b7 tlaxine Hill
. .U . Wilz1os mr hand and d!!lcial •ul
~~~ ~ '.\i ~
.~u i _,J
~w : ~
:a : :.;:;
E j
·~
0 z
11
" ..
/I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
"I--
~\)
;)._
~ (;
?\
r;;
I
I 43 ()£/1.JA ·.
2-l2~l0!°1 ~~
2-/2-~1'1'-t ;1f1.(;-
I .rt / 1'r:J /1 C\ ~
-il.o ·~~·.
~1~10~ w~~
;j-\?1-\ \\'\
:-i. <
"-··''"·: !/: ~
?
*
.._.. aL_)'~ Februarz i:i, l'J?9
~ ~. Jll2 Cha11.S.Keegan · ---·
Tms DDI>, ~ lldo .o.t ._, e1. .......
~e1.-1-11-~--.... ... rut,.-~
....__ A. T. LOOOH . .. .-..... ..,
., ...
cw..-,e1.ii.. ...... ,...,
1rITlOIN.rT1l. n.t .... ,;.w ""'Y "' .... -,.n, ,_ -la d I -"' ... -"'
Teo Dolla.n eod other T&l.u.abla m~ft..ili~ i'*'IDI*
• u.. .w Jl'Orl 7 td u.. -,.., la lo&ad p.ld ..,. ... ..w ,...-"' tloo --,.n, .... ~ -...
~ -1-..i ..... ...0.-lodrd, ~. va-W. ~ ...w -__.., -"7 --•
ru>t. ~ ..n. _...,. .... --.... tloo oa.ld ......... "' ... --'·,.,., -la~ .. -... "'
.l<Ut . ........,.. u.. ~el. u.-.-. ~&ad u.. Wn ----el. ---• .a ... -.... ~... ---· ~~--!Tlaor-W.C••.. ~"'
Parcel
rare el
Gu!1-ld _ ..... .,~-.
11 Tract.. qumbeml )5, 36, 45, 46, 49, ~. 51, S2, 61, 62, 6), Nd 64
in S•elioc1JJ. TSS, ll92W, 6t.h P.V.., u si.-Cll pat lk>; l o! n..
J.nUe.rs Ordla rd Dnd.opaeot Caopom7, which p.Ut u !11.ed hT record
"1 th t.h• Coun t;r Clerk &n1 Record tit" ! or C...rri d.d Coull t;r, Col.ora6o,
a&Ting c\d e:>:.c•pting tbor.,!roa the rigbt.i-o!->lllllT !or road•, lanea and
irrisalioo ditChu in, t.hl'"\I and aeroaa th• aboTe 4-erlt-1 1-zd• that.
now e:xlll. Thia lan1 u other><i .. dHerl.b..:1 •• the W'a't SU., md U.
S~ Sti. o! Section J4 T.SS, J!9:2'J, 6Ui Prlndpo.l ~. oon~
120 ecru, ""'" or lau, subject to U.. 1..tore -.it.i.ooed ~ ·
!er ro.:i• eod dilcbea.
21 1 lraet o! l-.::1 located in Lat J., S.c:dai 5, T6S, lt'il21i, 61h P.M.,
IDOl"'8 }"MJcililrI_ducrlbed b]' -tH and bolrll• u !bU-., ~
at Ul• Nf!C511"!$'U.d Lot 4, ~ U..nc• Sout.b l.OfD 1'..t, U..Coe Iii
,).)Q fHt 1 thence )I lW) ! .. t, thence ! ,3)0 .!..t to U. po.izrt. of
be'inn~, coat&inlilc 8.25 acre.a, -re or le•a.
* hrul )1 1 triangular lnet o! land in the St: Comor at Lot 4, :larl·ot U.
gi.a1 ch wi d con t.a.in.l..n& •bout 21 ac rH, ..,... or 1-1 , looa t.s in :Mo. 5 1
T6.S, R9211', 6Ui I' .K.
Tot:•Uler 'Id.th all -tcr llDd -t.cr ~bt .. 8f>puM.enant t.o a&id 1-d•,
and p.rtic:ularlT, b.!t not br....,. o! liw:dt&Uca, n ·~ o1' stock 1.o t.be
farmtlf'• lrription Coapanr, together ><it.b CJ' eod all t.he ~ ~ ·
pre.ent.ed th• r ebJ'.
T!'l c::-e 16 !'l t-r eby epc:c1!'1call7 te7..cepted !'Toe the abo-re
convtyance, 1\ll pr ev1ouely convey ed .o r reserved 1nteruto 1n and
to t h e on, r;,,:s an1 other ::t1nueJ.a on ar un<\er the abOTe land1
!'lereb.y c o nveyei. .
There 16 hereby eicpreeely e J:ceptc:d an:I. reserred to
the granter !1ert-un1er, h1s he1ra and a ee1gna, an unilT1d.ed
one-;un.rter 1nter eet 1n and to all 011, gAe an:I. ot~er ::-..inera.11
on or un1c:r t!'le lan1 a h ereby conveyed, .together vit~ the r1£bt
or 1ncreee ~nd e e;r e&e, IUld tocet!'l er v1t!1 t r.e pr1T11e~:to recO'T9
th• SAn•·
.. ·-.i , .••.
l TOGrnatll will> .n a.ad ~ U.. i....dl_.. aa4 ..,,...,__ U.0.-ioo ~ w la ...,..-
•p,...uialQC, aa4 u.. ...... ra1 .. u.4 ,........._, ,._.-. .... ~ .... -'--.... ...-~. -
In w eqult,y, .!, la a.ad ,. \loo ....... ...,..._ pnml.oa, witk U.. .......U-... aww f'
1
..U U.. ........ n.iot. tlU., la'4ro<t. clalm a...! 4-ad wl.£--ef U.. .. w P6'1 7 el. ti.. -pan...._ ... -
. ~· -----+---------+-I
1.
P a r ce ls 2 3 a nd 4 b
' ' a ove a r e separate pa r c e ls loca t e d So uth o f County Road 233.
I
I
I
I
I
I
I EXHIBIT 4
I PROPOSED EXEMPTION PLAT
I
AND VICINI TY MAP
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
I
I
-,-·. ,,. T--~:_~,.,,.~'1;{<_?<;,,,.~---'-" ~
_,, __ ,,_
SWl /4 '5.(1 ,'4
SE:C J •
s ~7"J6"04"
~
C.R. COMMERTCAL PROPERTIES EXEMPTION PLAT
S IT UA TED IN THE SEl /4 OF SECTION 34, T .5 S ., R.92 W OF THE
COUNTY OF GARFIELD STAT E OF CO LOR ADO
s 001)2'01"
~ HE1 /•st1 /•
S(C J4
6TH PM.
.J.. (1 /4 ~">J •/SJ~
I Cs '~~~,..;~·;~f'J4J~~P
~· ~ -~ .~
§I :~ Sl /1 &
Z1 SJ 4 /SJ5 i SET J 1/..0.· 44.U l.I
LS /19598 698 .16' U!7"J6'.D<" L _ --=-6~~ --:._ -
---·-281.8J' --\
""'" "' " ,. " ~ T ,;.:~:-"-UM \. •O<JNOART 'ENOMG
\.
\. .
v' ... s,. ~ J'
QITOI OJ",
,,. 0 0"\1 ~a· 'II
~(B AR AM() CAP
~s 11 -4060 rc:xmo ~11
f' LQLl
9. 752 ocru
"
O>
"' ·. ;;:
0
z
LQLJ
12.816 acre~
. / CROSS ;D-tQHG
~\.. / S£1 /4S[l/<1
SEC J 4
.P~r
"'·
CAP '{
~ ~
\
~-
f 5S .
r.,<:,
VICINITY MAP
i i,:.! r t • l?M "
i::>R·2f'"RIY ?r ~r-Rr PT t (,H
LO f I
i,
t
j ~
------
Cf)IJIH Y '"II 1 i'.\
4 P .t.ACE L Of L.u<i S1T•JA T(C I N i H£ ':;(l/4 SE !/<1 .._ND I I-If. .tt l /2',i:1/<I :,;f
S(CTI QN ~·. TQrllriNSH1P 5 SOU TH . R A-.Gt 9 l. N(SI Clf' TH( 'jl XTH ?A1Nf.1!-i.1..
-"'(R 10 1AN ,t.N() !.()fl( ""'RT I CULAAl Y (l(SCR18(0 .,5 ;(A.L(...v';,
REBAR v-0 CAP~ 'l LS '1 9!198 "'-r so
\ REBAR .t.N() CJ.P---..... /
'\
\.
\.
9(C I NHINC. ... r T11( SOU T11(AST CQq N(R o r '5:£0:..Tl Ql>oi J • or SAI D TOWN S1or
ill'() RANG[, TH( ?O INT o r 9(Cl ""'41HG ; r 11(N(;( "LONG TH( ~OJTll LI N( r,,;
SA I D S(CT 1<>1 l • s !9 5J 0 0 0 " It 1 .l •9 .79 ;"((T : T ... (N(.( L! ... v• ... C SA ICi
S£C TI ON LI N( ~ OJ 15 °09" It 71 .!2 r r o Tl) ... ;JO I NT ON Tl-if. l".(NT (RL I N( or Tl-+( S I LT ?\NP CANA!.: TM(NC( Tl-4( ;:'OLLOWl"I{. SI X {6 1 COoR'iES ... LC..°f'IC
TM( CENT(RL I N( o r s .... D CA.N ... L.
1 . s a9 59 ' JJ " E •OJ .49 r u:r
2 ALOPorC Tt'i( ARC o r A CURY( TO Tl1( Ltf"T 1-1 ... v1Nf, ... kA.O•u; Cf' •
120 .1 2 n:n AN() ... CEN TRA L A.NC.U: ('/ 4 5 11 '<,'}" .... 0 1'.if ,t.N(.(
OF 9 •.76 f'((T I ~ a E .. RS N f.7 _,,.-,n· .'" :''t' _'_" .... --.
I '•'-" ~~ • :· • :: ;: ~ ": ::,::·
4 • .:.o ;.: , :: ·i t ~ •.• ;; :r -
•m • ' ' ---~
I --- -
GRAPHIC SCALE ...
'
( !}I n:ET)
~
I inC'h .. 100 !l.
~
CURV( RAO I Us L(NcTM T.ti NCEMT T CHORD en:-.,~1NG
Cl
1'
.l.l!l .OE.
120 . 12
99 2
~
!I O.oo ~e . .,;o
~0 .00 92 .J
s !-t . ~~· .!•
~
":"
Q(l TA
16. 58 r ~o
~
LS ;1•060
F'OUNO '\.
N J6"J1'44'" 'N
IOI.;() ,A:
R(9 AR .t.M O CAP _/' ~
LS f'1 4060 d
FOUND ~-0,
REBAR AMO CAP
LS f14060
•OUNO
,.
L.QLl
10.753 acres
"'o'~ .,. . ~ "~.
DITO<
LQ.U.
10.06.J acres
.5 . ·.:.. ..... •-: -=.: '.,; ::. ~;..·. '-·: --::. ; .,-: --.
! !~ ·• · ... ;;: ;;:· .... .: .;. . :.•; ·;, •. _ ........... :. ·.: ~ ;..:
.• • • ; -.. :': i'. • _,.. ,:.c:. ::::.-=: ' '.:-., ! . '.:. ~ } ~
• -:.! ~.:·:,? ;;: ~:: :~ ':'.'"-" :': ~ .:.:;'-~ ~ ... ·-c
Of SECTIQll ·,.:. "-':,.£ .:..\.•.'': ;,;. : ;::.:..· ~::-:···.::-. .••:-£;
12tL<15 re: ·· --~ .:.·: ,,-.; ;;:;:. '-" ·.-:. :,;..,:, ;.=..:.=::.,,,.
10 0 6J ... oo;:: ·.c ~~ ·.; .:::-'
~:..·::;:;··~ . .,. ..... ::~ -... .:
... p .,QCEL (-7 ._.:..._:, : •• .a ~::;;,, .N -;..,: ~;::: 4 :;!: •.:. :; .:;::· ·-" .:. •.•• ,,.-:.
5 SOOTH .,......._.:;.;: ;;;. .,z !i .:_; .... ~ ';,1,;,., ;;., ..... : ;;.,_ 1.1.:'.~.,: ~.-..... r \,('.~.:.
?AATICULA1 1.· C·t ::._·;,~~: ~~ ~.;,_._-;_-,.-~
B(G •N,..tMG .a.· '.-i_ '>\.lvTH(AST COA N(R OF' S(CTIO... J 4 Of' 5A10 TOWWSl"llP
AN() RA...c.E . THE'-'C! N 00 11·~a· w ... LONC THE E ... 3TVlLY L '"'( v r )AID
'.l £CT I C».t .l • A Ol'iT,t.HCf o r 72!!.•5 rH T TO ... POI NT OM TH( C~NH.RllN(
Of' TM( 'ilLT ?u.P CAHAL.. TH( ?OI NT Of 8(CI NN ING ; TH(NC(
S 5 5 2!!"49• # i.LC>IC SA IO C(NTERLJNt: JJ2 .J 4 FEE T, h+(N~( LEAY I N(;
SA•O C[NT(RL I N( N 19 SI ·05· w 97J. •9 rcrr TO A POINT ON Tl-<(
SOUTM(RLl' L I N( Of TH( N(1/<1 'i£1/• Of S"I O SECT ION J <I ; THENCE
S 8 8 5 5'J1 " E ALONG THE ~OU TH(RLY L I N( OF' SAI D N(l /'if l/• 281 .8.!
r ([T TO A PO IHf <>I AH (XI STrHC r(NC(; THENCE S 8 7 3 6 "0.t." E 4l0t-tG
'iA t D F'(HC( 6•2 .9 6 f'((T TC ,t. P<')t NT OM TH( (A5T LI NC Of" SA I D SECT•f"JN
34 : TH(HC( AlOHG SAID (AST SECTION L I N( s 0 0 1 1 °58 " ( 5 17 2• f'((T
ro T11( POIN T Of SEGI NHIMG . SA ID ?ROPERTY CONr•1NINC 9 . :"5 2 ACRES
l.()R( OR LESS. ~ ~
"\ r=-~--+. ------~ :t-''-=-...="""--,.-
pqgpc~TY DfSC'B tpl ICN
L OT J
-' P.t.RC(L Of L ANO SITU ... T(O I N TH ( SE1 /4 S(I /• AHO TH[ "Nl /2S(l (<I f"J r
i(CTION J •. TO\llNSHI? ~S OUTH . RANG( 92 W(ST or TH( S IXTl-t PRINC I PAL
--'£'.RtQIAN ... NO l.()Q( PAIH I CULARLl' Q(SCR IB(Q .t.S F'OlLONS :
NOTE :
N s9·59·53· w 40.3.49' I
~(C I NHINC AT '"HE SOJTM(AST C ORNER ~ SECTION J • Of' $.t..10 T~SHIP
•NO R.f.l.fG£. TH(NC( N 00 II '58" N ALONG TM[ E AS TERLY L I N( or :;..1D
i ECTIO... J • ... OISTANCE Of 728 .<15 f'((l ro ... POI NT OM TM( C(NTERL I N(
!:;:, --f-' ".ll-~~ • •• :~:F' :oe:: :cc:::;;;:::: :~:=::::=::::::::~:::""'::1 ::::'.l: ;:;;;:;~~~:~;::'::7::\-c:::::';;;,;;C:::: · ::: ..... ::: .... :::c-c t :::. ·--=· · 3
J 1/•" ... LUM . Cl>P REBAR ,t.NQ CAP
lS ,1oe11 rOUNO LS 119598 CMP ..__ TEL!PHONC P(0[5TAt.
.)r TM( SILT Pu.P C>.HAl ; Tl"l(NC( s 6.5 2a·..,9 · w ALONG ~·o CENT(RL I N(
IJ2.J• F'((T TO TH( ?OINT or SE CINHING : THENCE CON T J M.JING ,t.LONC S,1.1Q
('(NT(RL I N( AlCHG THE ... Re o r ... CURVE TO TM[ LEFT MA\llNC A RADIUS o r
JJ5 .0 6 rn:r AHO • CENTRAl ,t.NGlE or 16 5a · JO" .... OtST.t.HCE OF' 99 .2 7 ··rn (Cl-ORO SCARS s 56 59"J 4" "N 98 .90 >EET ): TME NC! CCJH T IMUIHC LONG
SA10 C(NfERL I M{ S 48 J0 '1 9 " W JISJ.90 >HT : THENCE L EAVING SAID
C(NT(RllN( N J9 5 1 '0 5" w 12 10 .41 fEET :· TH(NCE ~ 11 06 ·1 7• E 156 .<1 1
f ((T TO ,t. POINT I N AN (XI ST ING f'(NC(: THENCE S 87 J 6 "0.t." '::. AL ONC.
SA ID F'ENC E 75 .99 f'HT TO A POI NT ON Tt1E W(STERLY L I NE ()F' TH (
'1£1 /4'$(1/• or S.AIO SECT I ON J •: TM(NC( s 0 0 02·01 " E ALONG SAID
'..CST(RlY LI N{ 18 .15 rE(l TO TH( S()JTM(AST SIX l[(NTH COAN(R Of S ... 10
SECTION J •: Tl-fO.C[ s ea 5 5 ·31 · ( ... lONG TM( SOUTM(RLT LIN( o r SAI D
11(1 /S(l /<1 •1 6 .lJ F'((T ; TM(NC( L (AVIMC 5 ,..10 SOUTH(RL 't' L t N(
OA T( OF' SURV(Y WAS YAROt 24 . !999 .
2. SASIS OF 9(..\Rl...C r OA TMIS SlJAV(Y I S A BEARING Of"
S 89 "5J"OO " '# BET'IW((N TH£ S()JTl1C:AST COR NE R SECT1('W<.I l 4 .
A J /4 "• BOU iOUNO I N PL ACE . 4N() Tl-I[ SCl.JTH t/<1 COR"l(R
SECTIQM J •, A JO " AL UM . PIP[ W/J• ,11.u.1.1 . CAP L S #1 0 !7 1
(QUt.IQ I N PLAC(.
J. THIS SURVEY 1'3 8 AS£0 ON R£C(PTIQH NO . ',,40675 Of THE
GARfl ELO COON TY CLERIC ANO RECORDE R 'S Off'IC( ,i.N() TH(
TI TL( Cc::».e.11 TU(,..T PR(P~(O !;t Y (QW.OMli(#.L f l1 TI Tl( C(MP..t.HY
r t l£ NO . 99020JJ-"'EV 1SCO 29 J AHUAAY 1999 ..t.N) CORNERS
r ClUNO I N PLACE..
SET
QEMPT !ON CfRT t f l (AH
THIS PL ... T ..t.PPROY(Q 8 '1' RESOl.U TI QN Of' TH( 90.ARO Of CQl.,».ITY
CCM.11SS10N£RS AT GARf't(LD COUNTY . COLOA ... 00 TH IS ----DA'!' o r
------· A .O. 19 __ . IN f'IL I HC WI TH TH E CLERIC ANO
RECORQ(R o r ~AFlf !(LO COUNTY. SUCH .t.PPQQVAL I N ~WAY I MPL l (S THAT
Tl-I( I NrQRMAT ION SH()IM.j H(R( IN I S TRu( .t,N() ACCUAAT( sur OO (S I M)ICAT(
Tl-IAT TH I S PLAT I S (X(i.PT r Ro.I "'"'°NOT SU8JEC T TO R[CULAT ION UHOCR
CAA f l(LO COUNTY SUBQl..,IS I ON RECULA TIOMS AT TM[ TI M( Of ITS f l LINC.
CO!,JHTX Sl!f'YfIOB 'o:: Cl"Sf !(!(ATf
APPP(N(O rQR CONT(NT AM'.> (QRM ONl Y 4N() MOT TH( ACC'J R.t.CY Of" ~UffV[YS.
CALCUlAT!OMS AH() ORAf'"T l NG PuRSU ANT TO c.~.S. 38-51 -101 £!sea .
~== CARr 1 ELD CC)JIHY $1.JR\l(YOR
•; l 9 51 "05" ( 97J . <19 f'((T TO IH( POINT Of" 9EGINHINC. S ... 10 PQOPERTY
1.:0NTA.INING 12 .816 ACRES i.<>AE OR LESS.
pqcerSTI Qf$C8rPT !ON
LOT •
.. PARCEL OP L......0 S I TUATED I N TM( S(l /•SE •/• ,1,N() Tl·t ( "#1 /lS(l/4 o r
$£CT I OH .l •. TOMitSM•P ~ SOUTH . R ~ 92 ~ST or TM( !:.I XTM ?RINC.I P"L
i..l(AtDIAN AN()~( PA.AT lC\Jl ... RL T 0 (SCR18(0 AS >ot..LCW'S :
!'l (C I N,..ING ... T TM( SOUTHE AST CORNER OF' S(CT t ON J • Of '..A I D T""""'SH 1P
J.lo.0 RANG(; TM(Mt;[ AL~ TM( SOU TH LI N( or SA ID S(CTION .!4
!, a9 5}"00" w 1 ,J 49 .7q >(£T . TM("'<:( L (A'll l N(. SA IO SECT LON LI N( ~~ ~j~~~~~~~R ~(~~~\iT ~~i ~~~c 1 or..w~~~~:c~T L AAIO OAT( : g ~ :;:g~:: ;!/~/~~~T ;~~~~·:r o~r o:(~~~~~;/~~~fT : TM(N((
TMIS PL AT I S A TRUE. CORA CCT AMO Co..Pt..(T( ?\.AT OF TH( C .R . N l6 JI 44" '# 101 40 r ((T : THENCE N 0 9 o ~·n· w 106 J& f'£E T . TH(NCE
C()W.l(RC!Al PROP(RT t (S EXE MPTIOH ... s LAIO OUT. PLATTED ANO SMCMN N oi 0 ••29• ( .)5 1 .14 f'E£T : THENCE N OJ OJ'15" E , .. fl 6 rHT ; rH(NC(
H(R£0N . THAT s ~ ~TWAS l.4AO( ·~ ,&.N >-C CUAAT( SUA\f(Y Of S.AIO Ct '"RPI'. ~HO RCCORQfR'S c rnr 1r 1qrr s l 9 5 1 '0 5• E 12 10 ,41 f'([T TO A POI NT ON TH( C(NT(Al l N( v r SA I D
PROPERTY SY l,j( ANO UMO[R MY Sl.P(RVIS IC>N ANO CORA (C TLY SH0#5 TH[ SI LT ?\,IMP CAMM.: TMENCE I H( rOLLOWl ...C rouA /4 ) COURS£S ALOHC s ... 10
LC:X: .. T1Qfril ANO 0 1...CNSI OMS OF TH( LO TS Alo() (AS(MCNTS Of SAID THI S Pt.AT I S ... CC(PT(O >OR rl L I NC I N TH( OH I C( o r f k( Cl (Oll( .I.NO C(NTERL 1N(:
SUBOIVISIOH AS THC s.......c ARC SfAJC(O UPON TM( GROUND I N CC>.IPL JAHC( REC ORDCA o r CAAF'l (LO COUN TY . COL ORADO , AT ---O "CLOC K 1 s '" J 0 "1 9• ... I J 8 .00 rcrr
WITH APP\.I CABL( RCCUl..AflOHS COVERMIHG TH( SUBDIVISION Of L ANO . _ ..... OM TH( ---DAY o r 19 __ • AS 2 . s "' 4ft 0 •.)" 'Of 1:::2 .'.)J r((T
RECEPTION NO . l . ...1.0H<i r H( AAC Of A CUitV[ TO TH( ~IGHT 1-1 ... ..,I NG .. ff AOllJS o r "· TH I S PROPERTY I S SUBJCCT TO R(S(RV ..t.T li.."NS, R(STR I CTI ONS. CHAIRt.U.N I N WIT)lf{SS 'M-f(A£0( ! HAV( S(T l.N' f1AHO AlriC S(Al TNIS __ OAY Of 120 1 7 r((T ,..,..,_, ~ C(NIR AL _..NGL( Of •5 11 ''.1 5°. >-(j l SUNC(
j, ,,
'I !,
ii
·1 II lj
11 ' I
1 , I
l 1 . I
... 1, .,
:;, I
I I i
I I
·-_ I l ...
;·(1 ++I I
,,r··-~
-'-I 0 ,. ~ r ~1 s ~ ~. ~ v
~ m
~ ~ ~ ~ ~ ~· ·1 .,~ : ~10 ~ c ~
~ 5~
(o( ~~ i~6;J; ffi~·'..>O ~is=c:'i~
,,, <. \;! ;(
cffi~~ ~~8~ .;!~~o.n "~~~
5 ~~ I ~
;i:
~
:. 8
:::; W<(
u 0 :>a:
;?; (.) zo
~ ~ ~8 ~~ tn .~ai
ci.o W <O 5~ ~ ~~
;;:5 ll! ~35 ~i a: g§
o ~ 0 ~
u m "'Z
0: ~ \Q~
0 u
P ROJECT NO.
99645.02
COVCMANTS ANO (A S(M(NTS Of ll(COAO ~ I N PL,,,C(. • ..t..O. 19 __ • OF 9<1 18 <"((T {CHOAQ H(AWS S 6 7 ~.-.· 1 0~ W 92 .J::: r ((T}
~~:~~ .... ~~..:: ~~ .. l~,;o-'~! ~:i=~..:~ ~~~ ?QOPCATY CONrA1N1MC. 10 . "':'JJ ... Cll£S MORE OR L LSS . SH(E I
"""'" "' HANO AN() SEAL "'" TH( COUHTT Of O>-RrtELO . CLERK AH() "COROER • N" ,,. ,, .• •0) •• "'' TO I H( "O>NT Of •EG •NN•NG. OAOO I T I
"1T(lll YQI iu1u Di sc.ow• woi OCHCt . , .. .., (WNt -" ,.. .. •CT•Clol ATTEST : f'RAHIC W, 11ARRINCTOM, L .S . 119~98 aY : Qf
I !IAUD ""°°" ,.., D(ffef •• ""I ~T If c.i::iiw:NCJ:o ~ 1-10 COUNTY CLERI( OEPU TY "IC llASfllQM I M(Gt.l(r#C(H lfl UllON~>C"€C»I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
EXHIB IT 5
SCHEDULE OF ADJACENT LAND OWNERS
AND MINERAL OWNERS
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
OWNERS OF RECORD OF LAND WITHIN 200 FEET
OF APPLICANTS' LAND
Windedahl, Arlene & Verlin F.
5352 County Road 233
Rifle, CO 81650-9109
Lesh, John & Laurie
1025 County Road 227
Rifle, CO 81650-9709
Fazzi, Robert W . & Sheryl L.
5452 County Road 233
Silt, CO 81652-9542
Hoffmeister, Scott D. & Shona C.
P .O. Box 246
Rifle, CO 81650-0246
Hunt, Norman H. & Virginia
5597 County Road 233
Silt, CO 81652-9543
McDavid, John & Gail
4964 County Road 233
Rifle, CO 81650
Spaulding, Larry E .
531 County Road 260
Silt, CO 81652-9545
Brownson, Gary L. & Kandi
2439 Highway 82
Basalt, CO 81621-9321
Brownson, Gary L.
5400 County Road 233
Rifle, CO 81650-9109
Hoffmeister, Carlton E. & Heather
P. 0 . Box 246
Rifle, CO 81650-0246
Wilks , Cecil R., Jr. & Linda Sue
2856 I ron Hills Way
Riverside, CA 92506-3307
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
·1
MINERAL OWNERS AND LESSEES OF RECORD
OF EXEMPTED PARCELS
Henry, Phyllis L.
0591 County Road 337
Parachute, CO 81635
Addresses Unknown
Lough, A.V.
2
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
EXHIBI T 6
SOIL TYPES AND CHARACTERISTICS
FROM USDA SOIL AND CONSERVATION SERVICE
I
I -~
~--
I AREA, COLORADO
l1uded with this soil in mapping are small areas of
)y, ANada, and Kim soils that have slopes of 1 to 3
I nt. These areas make up 5 to 10 percent of the
nit.
meabil ity is slow, and available water capacity is
erate. Effective rooting depth is 60 inches or more.
l~e runoff is medium , and the erosion hazard is
iis soil is used for irrigated crops and hay (fig. 5).
'
. small grains, some corn for silage, and grass or
legume mixtures are grown.
oding is suitable for irrigating this soil. Intake rate is
. Wide, deep cracks form when the soil dries. lrriga-
l rates and tillage practices should be carefully
ed to overcome soil conditions. Green manure
s and commercial fertilizer are generally needed to
1tain or improve tilth and fertility.
I native vegetation on this soil was mainly wheat -
' sagebrush, and rabb itbrush; however, all areas of
soil are now in irrigated crops.
~entail rabbit, squirrel, mourning dove , and pheas-
d habitat on this soil.
munity development and recreation are limited by
permE!ability, high clay content, and shrink-swell
l tial. Dwellings and roads can be designed to com-
te for the lo w strength and shrink-swel l potential.
ic tank absorption fields are severely limited by slow
'
ability. Commun ity sewage disposal systems will
eded if population density increases.
soil is in capability subclasses Ille, irrigated , and
non irrigated .
LHeldt clay loam, 3 to 6 percent slopes. This I'. well drained, gently sloping soil is on alluvial fans
sides of valleys. Elevation range s from 5 ,000 to
I feet. This soil formed in fine textured alluvium
d from shale and sandstone. The ave rage annual
.pitation is about 14 inches, th e average annual air
l rature is about 48 degrees F, and the average
ree period is about 120 days .
ically, the surface layer is grayish brown clay loam
1t 8 inches thick. The subsoil is light brownish gray
'
am about 13 inches thick . Th e substratum is ligh t
ay to a depth of 60 inches.
uded with this soil in mapping are small a reas o f
I' ANada, and Kim soils that have slopes of 3 to 6
nt. Th ese areas make up 5 to 10 p e rcent o i the
nit. ,
·rmeabili ty is slow, and available wate r capacity is
l ate . E ffec tive rooting depth is 60 in ches o r more.
e run o ff is me dium , and the e ros ion h2za rd is
~ ate.
is soil is use d for ir rigat ed cro p s and hay. Some
I are used fo r graz in g. Alf al fa , sma ll gra ins. some
o r sil age. a nd grass o r gras s-legu m e m ixtur e s are
·n.
I
I
21
Flooding is su itable for irrigating this soil. Intake rate is
slow. Wide , deep cracks form when the soil dries . Irriga-
tion rates and tillage practices should b e carefully
planned to overcome limiti ng soil conditions . Green
manure crops and commercial fertilizer are generally
needed to mai ntain or improve tilth and fertility .
The native vegetation on this soil is mainly wheat-
grass, sagebrush, and low rabbitbrush ; however, all
areas of th is soil are now in irrigated crops .
Cottontail rabbit, squirrel, mourning dove, and pheas-
ant find habitat on this soil.
Community development and recreation are limited by
slow permeability, high clay content, and shrink-swell
potential. Dwellings and roads can be designed to com-
pensate for the low strength and shrink-swell potential.
Septic tan k absorption fields are severely limited by slow
permeability . Community sewage disposal systems will
be needed if population density increases.
This soil is in capability subclasses Ille, irrigated, and
iVc, nonirrigated.
30-Heldt clay loam, 6 to 12 percent slopes. This
deep , well drained, moderate ly sloping to rolling soil is
on alluvial fans and sides of valleys. Elevation ranges
'.rom 5,000 to 6 ,000 feet. Th is soil formed in fine textured
a lluvium d e rived from shale and sandstone. The average
a nnual precipitation is about 14 inches, the average
annual air t e mperature is about 48 degrees F , and the
averag e frost-free period is about 120 days.
Typicall y, the surface layer is grayish brown clay loam
about 8 inches thick . The subsoil is lig ht brownish gray
c lay lo a m about 13 inches thick. The substratum is light
g ray clay to a depth of 60 inches.
Included with this soil in mapping are smafl areas of
O ln ey, A N ad a , and Kim soils that have slopes of 6 to 12
pe rc ent. Th ese ar eas make up about 5 to 10 perce nt of
the map unit.
Perm e a ility is slow , an d availabl e water capacity 1s
moderate. Effective rooting depth is 60 inch es or more .
Surface ru noff is medium, and the erosion hazard is
moderate.
Th is soi l is used mainly for irrigated hay (fig. 6) and
g ra zing. Some small areas are in irrigated crops. Alfalfa,
small g rai ns, a nd grass or grass-legume mi xtures are
g ro wn.
Flooding is s uitabl e for irrigatin g this soi l. The intake
rate is slow . W id e. deep cracks form wh e n the so il dries .
:rri gation a nd tillage practic es should b e carefully
pla nn ed to overcom e so il co nditi o n s a nd to con trol ero -
sio n. Erosion ca n be co ntroll ed by keeping th e soi l in
hay o r pas tur e for at least thre e-fo urth s of the time.
G reen m a nure crops and fertilizer are generally n eeded
to maint a in or improve tilth and fe rti lity .
The nat ive v egetation on thi s so il is mainly wh ea t-
g ra ss . sageb ru sh. and rabbitbru sh.
When range condi ti on deter io rates. fo rbs a n d sh rub s
i ncr eas e . Whe n th e range is in poor co ndition , undesira-
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
22
ble weeds and annual plants are numerous. Properly
managing grazing maintains and improves range cond i-
tion. Reducing brush improves the range . Seeding im-
proves range in poor condition. Western wheatgrass ,
streambank wheatgrass , and c rested wheatgrass are
suitable for seeding. Preparing a seedbed and drilling th e
seed are good practices.
Cottontail rabbit, squirrel , mourning dove , and pheas-
ant find habitat on this soil.
Commun ity development and recreation are limited by
slope , slow permeabil ity , high clay content, and shrink-
swell potential. Dwellings and roads can be designed to
compensate for the low strength and shrink-swell poten-
tial. Septic tank absorption field;; are severely limited by
slow permeability. Community sewage disposal systems
will be needed if population den ~;ity increases .
This soil is in capability su bclass IVe , irrigated and
nonirrigated.
31-Heldt clay loam, 12 to 2 5 percent slopes. Th is
deep, well dra ined , moderate ly steep to hilly soil is on
alluvial fans and sides of valley s. Elevation ranges from
5,000 to 6,000 feet. This soil formed in fine te xt ur ed
1 alluvium derived from shale and sandstone. The average
annual precipitation is about 14 inches, the average
annual air temperature is abou 48 degrees F, and the
average frost-free period is about 120 days.
Typically, the surface layer is grayish brown clay loam
about 8 inches thick. The subso il is light brownish gray
c!ay loam about 13 inches thick. The substratum is light
gray clay to a depth of 60 inche s.
Included with this soil in mapping are small areas of
Olney, Arvada , and Kim soils that have slopes of 12 t o
25 perc e nt. These areas make JP about 5 to 1 0 percent
of the map uni t.
Permea b ility is slow, and available water capacity is
moderate. Effective rooting d ep th is 60 inches or more .
Surface runoff is medium , and the erosion hazard is
moderate.
This soil is used mainly for grazing and wildlife habitat.
Small areas are used for grass hay or irrigated pasture.
The native vegetation on t his soil is mainly wheat-
grass, sagebrush, and rabbitbru !>h.
When range condition deterio ra tes , forbs and woody
shrubs increase . When the range is in poor condition,
undesirab le weeds and annual plants are numero us.
Properly managing grazing maintains and improves
range condition . Red ucing br ush improves the range .
Seeding improves the range in the more gently sloping
areas if it is in po or condition. W es tern wheatgrass ,
streambank wheatgra ss, and crested wh eatg ras s are
suitable for seeding. Pr epa ring a seedbed and drilling th e
se ed are good practices .
Cottontail rabbit , squirrel , mourning dove, and pheas-
ant find habitat on thi s so il.
Co mmunity development and recreation a re limited by
slope, slow permeability , high clay content, and shri nk-
SOIL SURVE 't
swell potential. Dwellings and roads can be designed tc
compensate for the low strength and shrink-swell paten
tial. Septic tank absorption fields are severely limited b ~
slow permeabili t y. Community sewage disposal system ~
will be needed if population density increases.
This soil is in capability subclass Vie , nonirrigated
32-Holderness Variant clay loam , 6 to 25 percen1
slopes. This d ee p, well drained , moderate ly sloping tc
hilly soil is on alluvial fa ns and sides of vall eys '(fig . 7)
Elevation ranges from 6,500 to 7,500 feet. This soi
formed in fine text ure d sediment derived from shai e an c
sandstone . The averag e annual precipitation is about 1 /
inches, the average annual air temperature is about 4'.:
degrees F, and the average frost-free period is about 9E
days.
Typically , the surface layer is grayish brown clay loarr
about 11 inches thick. T he s ubsoil is grayish brown o •
light brownish gray clay about 41 inches thick. Th e ~ub
stratum is light brownish gray, calcareous clay loam to E
depth o f 60 inches.
Included with this soil in mapping are s mall areas o ~
Dollard and Tanna soils that have slopes of more thar
25 perc ent. These areas mak e up about 5 to 1 0 percen :
of the map unit.
Permeability is slow , and available water capacity is
high. Effective rooting depth is 60 inches or more. Sur -
face runoff is medium, and the erosion hazard is slight.
This soil is used main ly for grazing. Some small area s
are in irrigated pasture and hay.
Flooding is th e usual method of irrigation. This soil is
easily compacted by machin ery or liv estock . It takes in
water slowly.
T he native vegetation on this soil is mainly wheat-
grass, needlegrass, and sagebrush.
Wh en range condition dete riorates, forbs a nd sh rub s
increase. Whe n the range is in poor condition , undesira-
ble w eeds and annual plants are num erous. Properl y
managing grazi ng maintains and improves the range. Re-
ducing brush improves the range . Se ed ing improves
range in poor condition. West e rn wheatgra ss, pubescent
wheatgrass, and big blu eg rass are suitable for seeding.
Pr e paring a seedbed and drilling the seed are good
practice s.
Mul e deer, cottontail rabbit, and gray squirrel find habi-
tat on this soil.
Use of this soi l for community development and as a
source of construction material is limited by high clay
co ntent, high shrink-swell potentia l, low strength, and
steep s lop es . Roads and dwellings need good drainage
to reduce shrinking and sw ell ing and soil slu mping .
This soil is in capability subclasses IVe, irrigated, and
Vie, nonirrigated.
33-lldefonso stony loam, 6 to 25 percent slopes.
This deep, w e ll drained, moderately sloping to hilly soil is
on mesas. benches , and sides of vall eys . Elevation
~ AREA, COLORADO
I
~es from 5,000 to 6,500 feet. This soil formed in
od alluvium derived primarily from basalt. This soil I thin intermittent cap of reddish eolian material. The
ge annual precipitation is about 14 inches, the
rage annual air temperature is 46 degrees F, and the
rge frost-free period is about 125 days.
~ically, the surface layer is brown stony loam about
1ches thick. The underlying material is white, very
·ngly calcareous very stony loam to a depth of 60
I s .
luded with this soil in mapping are small areas of
ts and Ascalon soils on less sloping pos itions. These
I make up 5 to 15 percent of the map un it.
rmeability is moderately rapid, and available water
city is low. Effective rooting depth is more than 60
1es. Surface runoff is medium, and the erosion hazard
'
derate.
s soil is used mainly for grazing and wildlife habitat.
e native vegetation on this soil is mainly pinyon and
Ii juniper. The understory consists mo stly of Indian
rass, wheatgrass, junegrass, service erry, bitter-
1, and big sagebrush.
/hen th~ understory vegetation deteriorates, grasses
.:t disappear and forbs and shrubs increase . Proper-
~naging the vegetation maintains wood production
, grazing. Selectively thinning the pinyon and juniper
roves understory grazing and provides firewood,
I , and Christmas trees.
s soil is suited to production of pinyon and Utah
per. It can produce 9 cords of wood pm acre when
!S more than 4.5 feet tall reach an average diameter
aie foot) of 5 inches. The low available water capac-
mtects survival of tree seedlings.
1ule deer, chukar, wild turkey, gray squ irrel, and cot-
1·1 rabbit find habitat on this soil.
mmunity development is limited by large stones and
slopes. Structures to divert runo ff are needed for
js_
'
is soil is in capability subclass Vis, non irrigated.
-Ildefonso stony loam, 25 to 45 pe1 ·cent slopes.
> deep, well drained, hilly to steep soil is on mesa
I s, sides of valleys, and alluvial fans . A small portion
s unit is on very steep to extremel y steep mesa
arpments. Elevation ranges from 5,000 to 6,500 feet.
t, soil formed in mixed alluvium derived primarily from
t. This soil has a thin intermittent cap of reddish
material. The a~erage annual precipi t ation is about
inches, the average annual air temperature is about
'
grees F, and the average frost-free period is about
ays.
pically, the surface layer is brown stony loam about
lches thick. The underlying material is white, very
l gly calcareous very stony loam to a depth of 60
S.
1cluded with this soil in mapping are s mall areas of I and Ascalon soils on less steep and depressional
I
23
positions. These areas make up about 5 to 15 percent of
the map uni t.
Permeability is moderately rapid, and available water
capacity is low. Effective rooting depth is more than 60
inches. Surface runoff is medium, and the erosion hazard
is severe.
Ildefonso soil is used mainly for grazing and wildlife
habitat.
The native vegetation on this soil is mainly pinyon and
Utah juniper. The understory consists of Indian ricegrass,
wheatgrass , junegrass, serviceberry, bitterbrush, and big
sagebrush.
When the understory vegetation deteriorates, grasses
almost disappear and forbs and shrubs increase. Proper-
ly managing the vegetation maintains wood production
and ground cover. The value for grazing is low because
of steep slopes and tree cover. Firewood, posts, and
Christmas trees can be harvested on the more gently
sloping areas.
This soil is suited to production of pinyon and Utah
juniper. It can produce 9 cords of wood per acre when
trees more than 4.5 feet tall reach an average diameter
(at one foo t) of 5 inches. The low available water capac-
ity affects survival of tree seedlings. Steep slopes and
severe erosion hazard affect harvesting .
Mule deer, chukar, wild turkey, gray squirrel, and cot-
tontail rabbit find habitat on this soil.
Commun ity development is limited by large stones and
steep slopes. Structures to divert runoff are needed for
roads.
This soil is in capability subclass VIie, nonirrigated .
35-lldefonso-Lazear complex, 6 to 65 percent
slopes. Moderately sloping to very steep soils are on
hillsides and mesa breaks. Elevation ranges from 5,000
to 6,500 feet. The Ildefonso soil formed in very calcare-
ous, mixed, stony alluvium derived mainly from basalt,
and the Lazear soil formed in shale and sandstone re-
siduum . The average annual precipitation is about 14
inches, the average annual air temperature is about 48
degrees F, and the average frost-free period is about
125 days.
T he Ildefonso soil makes up about 50 percen't of the
unit, the Lazear soil makes up about 30 percent, and
soils of minor extent make up 20 percent.
The Ildefonso soil is deep and well drained. Typically,
the surface layer is brown stony loam about 8 inches
thick . The underlying material is white, very strongly cal-
careous very stony loam to a depth of 60 inches.
Permeability of the Ildefonso soil is moderately rapid,
and availab!e water capacity is low. Effective rooting
depth is more than 60 inches. Surface runoff is medium,
and the erosion hazard is moderate.
The Lazear soil is shallow over shale bedrock and is
well drained . Typically , the surface layer is grayish brown
gravelly loam about 4 inches thick . The underlying mate-
I
I
I
I
I
I
I
I
30
degrees F, and the average frost-free period is about
125 days.
Typically, the surface layer is wayish brown loam
about 12 inches thick. The subsoi l is grayish brown and
light gray sandy clay loam about 21 inches thick. The
substratum is light gray gravelly san y clay loam or very
gravelly sandy loam to a depth of 60 inches.
Included with this soil in mapping are small areas of
Heldt, Potts, and Kim soils that ha e slopes of 3 to 6
percent. These areas make up 5 t o 15 percent of the
map unit.
Permeability is moderate, and available water capacity
is moderate. Effective rooting depth is 60 inches or
more. Surface runoff is slow, and tt1e erosion hazard is
moderate.
This soi l is used ma inly for irrigated crops and hay.
Alfalfa, small grains, corn for silage, and grass or grass-
legume mixtures are grown. Small a reages are in fruits ,
including apples, peaches, and apricots. Isolated areas
are used for grazing.
This soil is irrigated by furrows and flooding. Sprinklers
are also suitable. Drop structures in irrigation ditches
hel~ to control water and prevent excessive ditch era-
sion. I The native vegetation on this soi l is mainly wheat-
grass, needleandthread, and sagebrush .
When range condition deteriorates , forbs and shrubs
I i ncrease. When the range is in poor condition, undesira-
ble weeds and annual plants are numerous. Properly
managing grazing main t ains and improves range condi-
tion. Reducing brush improves deter iorated range . Seed-
1 ing improves range in poor condit ion. Crested wheat-
grass, western wheatgrass, and Russian wildrye are suit-
able for seeding . Preparing a seed bed and drilling the
seed are good practices. I Cottontail rabbit, squirrel, pheasa nt, and some mul e
deer find habitat on this soil.
Community development and recreation are limited by
I low strength.
This soil is in capability subclasses Ill e, irrigated, and
IVe, nonirrigated.
I 51-0lney loam, 6 to 12 percent slopes. This deep ,
well drained, moderately sloping to 'Oiii n g soil is on allu-
vial fans and sides of valleys. H~vation ranges from
I 5,000 to 6,500 feet. This soil formed in alluvium derived
from sandstone and shale . The average annual precipita-
tion is about 1~ inches , the average annual air tempera-
ture is about 48 degrees F , and th e frost-free p e riod is
I about 125 days.
Typically , the surface layer is rayish brown loam
about 12 inches thick. The subsoil is grayish brown and
light gray sandy clay loam about ~~1 inch es thick . Th e
I substratum is light gray gravelly s ndy clay loam and
very gravelly sandy loam to a depth of 60 inches.
Included with this soil in mappin q are small areas o f
1 Heldt, Potts, and Kim soil s that have slopes of 6 to 12
I
SOIL SURVEY
percent. These areas make up 5 to 15 p e rcent . of the .
map unit.
Permeability is moderate, and available water capacity
is moderate. Effect ive rooting depth is 60 inches or
more. Surface runoff is medium, and the erosion hazard
is moderate.
This soil is used mainly for irrigated hay , fruits, and
grazing . Grass-legume mixtures and apples, peaches,
and apricots are grown. ·
This soil is irrigated by furrows and flooding . Sprinklers
are also suitable . Drop structures in irrigation ditches
hel p to control water and prevent excessive ditch ero-
sion . Keeping a grass or legume cover on this soil at
least three-fourths of the time controls erosion .
The native vegetation on this soil is mainly wheat-
gras s, needleandthread, and sagebrush .
When range condition deteriorates, forbs and shrubs •
in crease. When the range is in poor condition, undesira-
bl e weeds and annual plants are numerous. Properly
ma naging grazing maintains and improves range condi -
tion. Reducing brush improves the range . Seeding im-
proves range in poor condition. Crested wheatgrass ,
w es tern wheatgrass , and Russian wildrye are suitable for
seeding. Preparing a seedbed and drilling the seed are
good practices.
Cottontail rabbit, squirrel , pheasant, and some mule
deer find habitat on this soil.
Community development and recreation are limited by
steep slopes and low strength.
This soil is in capability subclass IVe, irrigated and
nonirrigated.
52-Parachute loam, 25 to 65 percent slopes. This
m o derately deep , well drained, hilly to very steep soil is
on north-and east-facing mountainsides. El evation
ra nges from 7,500 to 8,700 feet. This soil formed in
re si duum from sandstone. The average annual precipita-
ti o n is 20 inches, the average annual air temperature is
about 40 degrees F, and the average frost-free period is
le ss than 75 days.
Typically, the surfac e layer is grayish brown loam
about 5 inches thick . The upper part of the subsoil is
ve ry dark grayish brown and brown loam about 13
in c h es thick, and the lower part is light yellowish brown
ex tremely channery loam about 11 inches thick. Hard,
fr actu red sandstone bedrock is at a depth of 29 inches.
Inc luded with this soil in mapping are small areas of
R ho ne and lrigul soils. Th e Rhone soils are in concave
pos itions. These areas mak e up 1 O to 15 percent of th e
m ap unit. lrigul soils are on ridg e crests.
Pe rm eab ility is mod e rat e, and available water capacity
is low. Ef fec tiv e rooting depth is 20 to 40 inch es . Surface
runoff is m edium, and th e e rosion hazard is mod e rat e .
Thi s so il is u se d mainly for wildlife habitat and limited
g razi ng .
I RIFLE AREA, COLORADO
I The native vegetation on this soil, b ecause it faces
north and east, is mainly Gambel o ak, serviceberry,
snowberry, and elk sedge. I When range condition deteriorates, shrubs increase .
Properly managing grazing maintai ns and improves
range condition .
I Elk, mule deer, coyote, and grouse fr1d habitat on this
soil.
Use of this soil for community development and as a
source of construction material is limited by depth to
I rock and steep slopes .
This soil is in capability subclass /lie , nonirrigated.
I 53-Parachute-Rhone loams, 5 to 30 percent
slopes. These gently sloping to steep soils are on ridge
crests and mountainsides. Elevation ranges from 7,600
to 8,600 feet. The Parachute soil formed in residuum
l from sandstone or marlstone, and the Flhone soil formed
in residuum from hard, fine-grained sandstone. The aver-
age annual precipitation is about 20 in c hes, the average
I annual air temperature is about 40 dE:grees F, and the
frost-free period is less than 75 days.
The Parachute soil makes up about 55 percent of the
map Llnit, the Rhone soil makes up about 30 percent,
I and so ils of minor extent make up 15 percent. The
Parachute soil is mostly on ridge cres ts , and the Rhone
so il is in gently sloping to moderately sloping areas on
mounta i nsides.
I The Parachute soil is moderate! de ep and well
drained . Typically, the surface layer is grayish brown
loam about 5 inches thick. The upper part of the subsoil
I is very dark grayish brown and brown loam about 13
inches thick, and the lower part is light ye llowish brown
extremely channery loam about 11 inches thick . Hard ,
fractured sandstone is at a depth of 29 inches (fig . 9).
I Permeability of the Parachute soil is moderate , and
available water capacity is low. Effecti 1e rooting depth is
20 io 40 inches. Surface runoff is medium , and the
erosion hazard is moderate.
I The Rhone so il is deep and well drained. Typically, the
upper part of the surface layer is brown loam about 8
inches thick, and the lower part is brown sandy clay
I loam about 20 i nches th ick . The underlying material is
brown very channery sandy clay loarri about 24 inches
thick. Fractured sandstone is at a de pth of 52 inches.
Permeability of the Rhone soil is m oderate , and availa-
1 b le water capac ity is moderate to hig l1. Effective rooting
depth is 40 to 60 inches. Surface runoff is slow , and the
ero sion hazard is slight.
I Included with these soils in mapoin g are areas of lrigul
so il s on ridge cres ts . Th ese areas make up about 1 O
perce nt of the map unit.
These soils are used m a inly for razing a nd wildlif e
I hab itat.
The nativ e vege tation o n the se so il s is mainlv nee dl e -
g rass , ei k sedge. and sageb ru sh .
I
I
31
When range condition deteriorates, forbs and shrubs
increase. Properly managing grazing maintains and im-
proves range condition. Seeding improves range in poor
condition where slope is less than 15 percent. Intermedi-
ate wheatgrass, slender wheatgrass, and mountain and
smooth brome are suitable for seeding. Preparing a
seedbed and drilling the seed are good practices. Re-
ducing brush on slopes of less than 15 percent improves
deteriorated range , but removing brush may damage
deer habitat.
Many deer and some snowshoe hare and blue grouse
find habi ta t on these soils .
Us e of this soil for community development or as a
source of construction material is limited by depth to
rock and steep slopes.
Th is complex is in capability subclass Vie, nonirrigated.
54-Potts loam, 1. to 3 percent slopes. This deep ,
well drained soil is on mesas , benches, and sides of
valleys. Elevation ranges from 5,000 to 7,000 feet. This
soil formed in alluvium derived from sandstone, shale, or
basalt. The average annual precipitation is about 14
inches, the average annual air tempe rature is about 46
degrees F , and the average frost-free period is about
120 days.
Typically , the surface layer is brown loam about 4
inch es thick. The subsoil is red .:ish brown clay loam
about 24 inches thick . The substratum is pinkish white
loam to a depth of 60 inches. ·
:ncluded with this soil in mapping are small areas of
Olney, Kim, and Ildefonso soils that have slopes of 1 to
3 percent. These areas make up 10 to 15 percent of the
map unit.
Pe rmeability is moderate , and available water capacity
is high . Effective rooting depth is 60 inches or more.
Surface runoff is slow , and the erosion hazard is slight.
This soil is used mainly for irrigated crops and hay and
for dryland farming . Alfalfa, small grains, and grass-
legume hay are grown.
This soil is usually irrigated by flooding . Drop struc-
tu res in irrigation ditches , grassed waterways , and mini-
mum tillage control erosion. Irrigation wate r should be
carefu lly manag e d to avoid piping. Cover crops or stub-
ble mulching also help to limit erosion losses in dry-
farmed areas.
The native vegeta t ion on this soil is ma i nly wh eat-
gra ss, needleandthread , and sage brush .
Phe asant , mourning dove, cottontaii rabbit , some mul e
deer, and squ irr e l find habitat on this so il.
Co mmunity d evelopm eot and recreation are limited by
lo w streng th and s hrink-sw e ll potential. Dwellings and
mads c an be designe d to compensate for th ese limita-
tion s. Co mmunity sewage syste m s will be needed if th e
popu lation density increases.
Th is soil is in c3pab liity subcl asses Ill e. irrig a te d, and
!li e , nonir ri ga ted .
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
32
55-Potts loam, 3 to 6 percent slopes. This deep ,
well drained, moderately sloping soil is on mesas, bench-
es, and sides of valleys. Elevation ra ng e s from 5,000 to
7,000 feet. This soil formed in alluvium derived from
sandstone, shale, or basal t. The av e rage annual precipi-
tation is about 14 inches, the average annual air tem -
perature is about 46 degrees F, and the ave rage frost-
free period is about 120 days.
Typically, the surface layer is b own loam about 4
inches thick. The subsoil is reddi s h brown clay loam
about 24 inches t hick. The substrat um is pinkish white
loam to a depth of 60 inches .
Included with this soil in mappin 9 are small areas of
Olney, Kim, and Ildefonso soils that have slopes of 3 to
6 percent. These areas make up 10 to 15 percent of the
map unit.
Permeab il ity is moderate, and ava ilable water capacity
is high. Effective rooting depth is 60 inches or more .
Surface runoff is slow, and the eras on .hazard is moder-
ate.
This soil is used mainly for irrigated crops and hay and
for dryland farming (fig . 10). Alfalfa, small grains, and
grass-legume hay are grown . Small areas are used for
gra?ing .
These soils are usually irrigated by flooding. Drop
structures in irrigation ditches, grassed waterways, and
minimum tillage prevent serious erosion. Irrigation water
should be carefully managed to avoi j piping and erosion.
Cover crops or st ubble mulching also help to limit ero-
sion in dryfarmed areas.
The native vegetation on this s oil is mainly wh e at-
grass , needleandthread, and sagebrush.
When range conditio n deteriorate s , f orbs and shrubs
increase. When the range is in poor condition , undesira-
ble weeds and annual plants are nu merous . Properly
managing grazing maintains and improves rang e cond i-
tion. Reducing brush improves the range . Seeding im -
proves range in poor condition. C rest e d wheatgrass,
w·estern wheatgrass , and Russian w ldrye are suitabl e for
seed ing. Preparing a seedbed and drill ing th e seed are
good practices.
Pheasant, mourning dove, cottontail rabbit, some mule
deer, and squirrel find habitat on th i ~; soil.
Community development and recreation are limited by
low strength and the shrink-swell potential. Dwellings
and roads can be designed to ov<::lrcome these limita -
tions. Community sewage systems will be ne ed ed if th e
population density increase s.
This soil is m capability subc la sses Ill e, irrigated , a nd
IVe , nonirrigated .
56-Potts loam, 6 to 12 percent slopes. Thi s dee p ,
w e ll drain e d, moderate ly s loping to ro llin g so il is o n
mesas , be nc hes , and sid e s of vall eys. El evation ran ges
from 5,000 to 7 ,0 00 fe et. Thi s so il f o rm e d in a lluvium
d e riv ed from sa ndston e , shal e, or basa lt. Th e av e rage
a nnual prec ipitation is abo ut 14 inche s , th e av e rage
SOIL SURVEY
annual air temperatu re is about 46 degrees F, and the
average frost-free period is about 120 days.
Typically , the surfac e layer is brown loam about 4 ·
inches thick. The subsoil is reddish brown clay loam
about 24 inches thick . The substratum is pinkish white
loam to a depth of 60 inches.
Included with this soil in mapping are small areas of
Ki m, Olney , and Ild efonso soils that have slopes of 6 to
12 pe rc e nt. Thes e a reas make up 10 to 15 p e rcent of
th e map unit. ·-
Permeabil ity is moderate , and available water capacity
is high . Eff ective rooting d e pth is 60 inch e s or more.
S urface runoff is medium , and the erosion hazard is
severe .
This soil is used mainly for grazing , wildlife habitat, and
some dryland fa r ming (fig . 10). Wheat , barley , and oats
are grown.
Minimum contour tillage and stubble mulching help to
prevent exc essive erosion .
The nativ e vege tation on this soil is mainly wh eat-
grass, needleand thread , and sagebrush .
When range condition deteriorates, forbs and shrubs
increase. W hen the range is in poor condition, undesira-
bl e weeds and ann ual plants are numerous . Properly
ma naging grazing improves and maintains rang e condi-
ti o n. Reducing brush improves range . Seeding improves
ra nge in poor condition . Crested wheatgrass, western
wh e atgrass , and Russian wildrye are suitable for seed-
in g. Preparing a seedbed and drilling the seed ar e good
practic es.
Community development and recreation are limited by
low strength , snrink-swell potential , and slope. Dwellings
and roads can be d esign e d to overcome thes e limita-
tions . Community sewage systems will be ne ed ed if th e
population d e nsity increases.
This soil is in capability subclass IV e , irrigat ed and
no nirrigate d .
57-Potts-lldefonso complex, 3 to 12 percent
slopes. Th es e g e nt ly sloping to rolling soils are on
me sas and sides of vall eys . Elevation rang e s from 5 ,000
to 6 ,500 f ee t. Th e Potts soil form e d in alluvium derive d
from sandstone, shal e, or ba salt. The Ildefonso soil
fo rm ed in v e ry s trongly c alcareous , basaltic alluvium and
small a mounts of e olian material. Th e av e rage annual
prec ip itatio n is abou t 14 inch e s , th e av e rag e a nnual ai r
te mp e ratur e is about 46 d e gr ee s F , and th e av e rag e
fr os t-fr ee pe rio d is a bout 120 day s.
Th e Po tt s so il ma kes up a bout 60 pe rc e nt of th e ma p
uni t , a nd t he Ild efon so soil s makes up about 30 pe rce nt.
T he Po tt s so il is o n sli g ht ly con cave positions , a nd t he
Il de fo nso so il is o n th e br ea ks of st ee pe r slop es.
Th e Pott s soil is deep a nd w e ll dra in e d. Typi ca ll y, t he
surface layer is br o wn lo a m about 4 in c hes thi ck. Th e
subso il is redd ish bro wn c lay lo am a bo ut 2 4 in c hes th ick.
T he subs tr a tum is pi nki s h whit e loa m th a t ex te nds t o a
de p th o f 60 inche s
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
EXHIBIT 7
LETTER TQ) RIFLE FIRE PROTECTION DISTRICT
I
I
I
THOMAS W . STUVER
RUSSELL G EORGE
STUVER & GEORGE, P.C .
ATTORNEYS AT LAW
120 WEST THIRD STREET
P . 0. BOX 907
RIFLE , COLORADO 81650
TELEPH ONE 970 -625-1887
FAX 970 -625-4448
I MELODY D . MASSIH
DANIEL D . LEMOINE
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
September 1, 1999
.y u RIFLE FIRE PROTECTION DISTRICT
P. 0. Box 1133
Rifle, CO 81650
RE: C.R. COMMERCIAL PROPERTIES SUBDMSION EXEMPTION REQUEST
Enclosed is a copy of a proposed Petition for Exemption, with accompanying exemption plat
and vicinity map. Would you please provide your written statement oonceming availabil ity
of fire protection services and any safety concerns to the undersigned and to the Garfield
County Planning Department at your earliest convenience.
Thank you for your anticipated cooperation. Should you require any additional information,
please do not hesitate to contact my office.
Very truly yours,
STUVER & GEORGE, P.C.
Thomas W. Stuver
TWS/bjw
Enclosures
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
EXHIBIT 8
PROPOSED DECLARATION OF
PROTECTIVE COVENANTS
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
PROPOSED
DECLARATION OF PROTECTIVE COVENANTS
C.R. COMMERCIAL PROPERTIES SUBDIVISION EXEMPTION
Garfield County, Colorado
THIS DECLARATION OF COVENANfS is made and entered . into by
C.R. Commercial Properties on the day and year hereinafter set forth.
W I T N E S S E T H:
The undersigned, owner in fee of that real property described as Lot 1, Lot 2, Lot 3 and
Lot 4, C.R. Commercial Properties Subdivision Exemption, Garfield County, Colorado, desire to
subject and to place upon said real property certain covenants, conditions and restrictions set forth
herein, for the purpose of protecting the value and desirability of said property, for purpose of
furthering the development of the property and in o rder to comply with conditions of approval of
Garfield County for the C.R. Commercial Properties Subdivision Exemption.
NOW, THEREFORE, THE UNDERSIGNED hereby declare that Lot l, Lot 2,
1
Lot 3, and Lot 4 C.R. Commercial Properties Subdivision Exemption, shall be held, sold and
conveyed subject to the following covenants and conditions:
ARTICLE 1
Pets
Not more than <?ne dog of any age or breed shall be kept upon a lot at any time.
When outside, all dogs and other pets shall be leashed or restrained within an enclosure. In the
event this covenant is violated, the owner in the lot not in violation may take such action as is
reasonably necessary to correct the violation, includi ng injunctive relief for the removal of any pets
creating a violation of this covenant.
ARTICLE 2
Fireplaces
No open hearth, solid-fuel fireplaces will be allowed on any of the lots. One (1) new
solid-fuel burning stove, a s defined by C.R.S. 25-7 -401 , et seq., and regulations promulgated
thereunder, shall be permitted in a dwelling unit. Dwelling units shall be permitted an unrestricted
number of natural gas or propane burning stoves a nd appliances.
ARTICL E 3
Lighting
All exterior lighting on either lot shall be the minimum reasonably necessary for the
safe use of the premises, and to the extent possible , all exterior lighting shall be directed toward
the interior of the respective lots, except when absolutely necessary to provide for safety lighting
on the premises.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
PROPOSED DECLARATION OF PROTECTIVE COVENANTS
C.R. COMME RCIAL PROPERTIES SUBDIVISION EXEMPTION
x )
)
Water and Landscaping Restrictions
Page 2 of 3
Irrigation uses on any ofthe-lots under Colorado Division of Water Resources Permit
Nos. 217986, , , , and sh a ll not exceed that allowed for
the respective permit for each lot.
ARTICLE 5
Enforcement
Any aggrieved owner of a lot within t he C.R. Commercial Properties Subdivision
Exemption shall have the right to enforce any o f the provisions, covenants, conditions and
restrictions contained in this declaration against t he owner of t h e other lot. The right of
enforcement shall include the right to bring an action for damages, as well as an action to enjoin
1 any violation of any provision of this Declaration. Each remedy provided under this Declaration
is cumulative and not exclusive. In any action or proceeding under this Declaration, the prevailing
party shall be entitled to recover its costs and expenses in connection therewith, including
reasonable attorneys fees and expert witness fees.
Colorado.
ARTICLE 6
Governing Law
This Declarat ion shall be construed a nd governed under the laws of the State of
ARTICLE 7
Severability
Each of the prov1s1ons of this Decl aration shall be deemed independent and
severable, and the invalidity or unenforceability or partial invalidity or partial unenforceability of
any provision or portion he reof shall not affect the val idity or enforceability of any other provision .
ARTICLE VIII
Term of Decl a ration
Unless amended, each and every term , covenant, condition and restriction contained
in this Declaration shall run with and bind the land , and shall be effective for a period of twenty
(20) years after the date this Declaration is recorded, and thereafter sh all be automatically extended
for successive periods of ten (10) years each, but m ay, at any time, be amended or terminated by
unanimous vote of the owners of each of the lo ts within the C.R. Commercial Properties
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
PROPOSED DECLARATION OF PROTECTIVE COVENANTS
C.R. COMMERCIAL PROPERTIES SUBDIVISION EXEMPTION
Page 3 of 3
Subdivision Exemption, with the approval of the Board of Commissioners of Garfield County,
Colorado.
ARTICLE IX
Binding Effect
This Declaration shall be binding upon and inure to the benefit of the declarants and
their successors in interest and ownership of Lot 1, Lot 2, Lot 3 and Lot 4, C.R. Commercial
Properties Subdivision Exemption, and to any person or entity having any right, title or interest in
either of said Lots, or any part thereof, their heirs, personal representatives, successors and assigns.
IN WilNESS WHEREOF, the undersigned hereby state and declare that the
foregoing Declaration of Protective Covenants for the C.R. Commercial Properties Subdivision
Exemption shall be effective this __ day of , 1999.
DATED this __ day of ________ , 1999.
C.R. COMMERCIAL PROPERTIES, INC.
By:
STATE OF COLORADO )
) SS.
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me on this __ day of _______ , 1999,
by , C.R. Commercial Properties, Inc.
Witness my hand and official seal.
My commission expires: ____ _
Notary Public
FEB-17-2000 09 : 18 Dil) 5 WTR RESOUR CES 1 3 0 3 8 66 541 5
GWS-25 COLORAD .ISION OF WATER RESOURCES •
81 8 CentermiiJI Bldg ., 131 3 ShermiJn St .• Oenver, Colorado 80203
(303) 866-358,
P.0 2/0~
UC
WELL PERMIT NUMBER 052793 _f ___ _
APPLICANT DIV. 5 CNTY. 23 WO 39 DES. BASIN
Lot: 1 Block : Filing : Subdi v: C.R. COMMfRCIAL PROPERTIES EXEMPTION
APPROVED WELL LOCATION
GARFIELD COUNTY
MD
C.R . COMMERCIAL PROPERTIES, INC.
c/o STUVER & GEORGE, p .c .
SE 1 /4 SE 1 /4 Section 34
Twp SS Rng 92W 6th P .M.
P.O. BOX 907
RIFLE, CO 81650 DIST A NC ES FROM SECTION LINES
290 Ft. from SOUTH Section Line
{970)625· 1887 285 Ft . from
PERMIT TO CONSTRUCT A WELL
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
EAST Section Line
1) ·~his 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.
21 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 Exam iners of Water Well Construction and Pump Installation
Contractors in accord~nce with Rule 1 8.
31 Approved pursuant to CRS 37-90-1 37(2lfor 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 subs titute 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 Ruedi Reservoir is in effect, .!2! under an approved plan for augmentation .
WOWCO contract #000106-CR#1 (a).
41 The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling, thti
irrigation of not more than 6,000 square feet (0 .14 of an acre) of home gardens and lawns, and the watering of domest i .~
animals . All use of this well will be curtailed unless the water allotment eonuaet or a plan for augmentation is in effect.
This well is to be located on a :t 10.063 acre individual residential site described as lot no. 1. C.R. Commercial
Properties Exemption, Garfield County.
51 The maximum pumping rate shall not exceed 1 S GPM .
61 The average annual of amount of ground water to be appropriated shall not exceed one (1) acre.foot (325,850 gelfons).
7) A totalizing flow meter must be installed on this well and maintained in good working order. Permanem records of all
diversions must be maintained by the well owner (recorded a t least annually) and submitted to the Oivision Eng ineer upon
request.
81 The well shall be constructed not more than 200 feet from the location specified on this permit.
9l The owner shall mark the well in a con:sp icuous place with well perm it number(sl, name of the aquifer, and court case
number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings.
NOTE : Parcel Identification Number {PIN): 23-2127-344-00-140 J)-"'--...-Z..--
APPROVED
OMW
Rece i pt No.
Assessor Tax Schedule Number : 210419 !totali ng ±43.49 acres) /J 2..~ 1 /2, <?CJ<>
DATE ISSUED FEB 11 2000
tlel:--c.~ By
EXPIRATION DATE FEB 112001
FEB-17-2000 09: 19 DIV 5 t,.JTR RESOURCES 1 303 866 5415 P.03/05
GWS-25 c()toRA-0 +1sioN of wATER REsouRces e
818 Centennial Sl dg .• 1313 Sherman Si .. Denver, Colorado 80203
1303) 866-3581
WELL PERMIT NUMBER 052794
LIC
_.......f_._
APPLICANT DIV. 5 CNTY . 23 WO 39 DES. BASIN MD
Lot ; 2 Block: Filing : Subdiv: C.R. COMMERCIAL PROPERTIES EXEMPTION
C.R. COMMERCIAL PROPERTIES, INC.
c/o STUVER & GEORGE, P.C.
P.O. BOX 907
RIFLE, CO 81650
(970)625-1887
APPROVED WELL LOCATION
GARFIELD COUNTY
SE 1 /4 SE 1 /4 Section 34
Twp 5 S Ang 92 W 6th P.M.
DISTANCES FROM SECTION LINES
1064 Ft. from
371 Ft. from
SOUTH Section Line
EAST . Section Line
PERMIT TO CONSTRUCT A WELL
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in sueh a way as to Cl!use no material injury t o existing water rights. The issuance of the permit
does not assure the applicant that no injury will occur to anorher vested water right or preclude another owner of a vested
water right from seeking relief in a civil court action.
2) 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 .
3l Approved pursuant to CAS 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 ~ when a water allotment contract between the well owner and the West Divide Water Conservancy District
for the release of replacement water from Ruedi Reservoir is in e ffect, or under an approved plan for augmentation.
WOWCO contract #000106-CR#2(al.
4) 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 tl'lan 6,000 square feet (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 to be located on a ±9.752 acre individual residential site described as lot no. 2, C.R . Commercial
Properties Exemption, Garfield County.
5J The maximum pumping rate shall not exceed 15 GPM.
6) The average annual of amount of ground water to be appropriated shall not exceed one 11 I ~ere-foot (325,850 gallons).
71 A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all
8)
9)
diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon
request.
The well shall be constructed not more than 200 feet from the location specified on this permit.
The owner shall mark the well in a conspicuous place with well permit number(s). name of the aquifer, and court ease
numberfsl as appro~ri ate . The owner shall take necessary means and precautions to preserve these markings.
NOTE: Parcel Identification Number IPIN); 23-2127·344-00-140 ~?I-.. ?....-
Assessor Tax Schedule Number; 2 l 0419 !totaling :t: 43.49 acres)
APPROVED
DMW 04--c>.~
DATE ISSUED FEB 112000 ~XPIRA TION DA TE FEB 11 2001
FEB-17-2 000 09: 19 DI V 5 WTR RESOURCE S
COLORADO...,.VISION OF WATER RESOURCES GWS-25
Si S Ccnrennial B., 313 Sherman St., Oenver , Coloriido 80203
(3031 866-3581
1 3 0 3 8 66 541 5 P .04/0 5 •
LIC
WELL PERMIT NUMBER 052795 _f __ ._
APPLICANT DIV. 5 CNTY. 23 WO 39 DES. BASIN
lot: 4 Block : Filing : Subdi v: C.R. COMMERCIAL PROPERTIES EXEMPTION
APPROVED WELL LOCATION
GARFIELD COUNTY
MD
C .R. COMMERCIAL PROPERTIES, INC.
c/o STUVER & GEORGE , P.C .
SE 1 /4 SE 1 /4 Section 34
Twp 5 S Rng 92 W 6th P.M .
P.O. BOX 907
RIFLE. CO 81650 DISTANCES FROM SECTION LINES
547 Ft. from
1163 Ft . from
SOUTH Section Line
(970)625-1887
PERMIT TO CONSTRUCT A WELL
ISSUANCE OF THIS PERMIT OOES NOT CONFER A. WATER RIGHT
CONDITIONS OF APPROVAL
EAST Section Line
11 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 t hat no injury will occur to another vested water right or preclude another owner of a vested
water right from seeking rel ie f in a civil court action .
2) 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 grant ed by the State Board of Examiners of Water Well Construction and Pump Installation
Contractors in accordance with Rule 18 .
3) Approved pursuant to CP.S :3 7 -90-1 37!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
onl¥ when the Wes t 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 w ell owner and t he West Divide Water Conservancy District
for the release of replacement water from Ruedi Reservoir is in effect, Q!. under an approved plan for augmentation.
WDWCD contract #000106-CR#41al.
4) The use of ground water from this well is limited to ordinary h ousehold purposes inside one 11 l single family dwelling, the
irrigation of not more than 6,000 square feet (0 .14 of an acre ! of home gardens and lawns, and the watering of do.r:icstic
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 to be .located on a ±10.753 acre individual residential site described as lot no. 4, C.R. Commercial
Properties Exemption, Garfie ld County.
51 The maximum pumping rate shall not exceed 15 GPM.
6) The average annual of amount of ground water to be appro p riated shall not exceed one (1 l acre-foot (325.BSO gallons).
7l A totalizing flow meter must be installed on this well and maintained in good working order . Permanent records ot all
diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon
request.
8) The well shall be constructed not more than 200 feet from the location specified on this permit .
91 The owner shall mark the well in a conspicuous place with wen permit number(s), name of the aquifer, and court case
number(sl as appropriate. T he owner shall take necessary means and precautions to preserve these marking:;.
NOTE: Parcel Identification Number (PIN): 23-2127-344-00-140 .#-'~ ~
APPROVED
DMW
Receipt No.
Assessor Tax Schedule Number: 210419(totaling ;t:43.49 acres! t) .2../0 r/2_ COO
DATE ISSUED FEB 112000
l
FEB-17-2000 09:20 DI V 5 l.J TR RESOUR CES 1 3 0 3 8 66 5 415 P.05/05
Form No.
GWS-25
OFFICE OF -m: STATE ENGINEER A
COLORADO.rvlSION OF WATER RESOUR t!!'S
818 Centennial Bldg .. 1313 Sherman St.. Denver. Co1orado 80203 •
(303) 860-3581 UC
WELL PERMIT NUMBER ~-2_1_7_9_8_6 __ _
APPLICANT DIV. 5 WD39 DES . BASIN MD
C R COMMERCIAL PROPERTIES INC
CIO STUVER & GEORGE PC
BOX 907
RIFLE, CO 81650·
(970) 625-1887
APPROVED WELL LOCATION
GARFIELD COUNTY
SE 1/4 SE
Township 5 S
1/4 Section 34
Range 92 W Sixth P .M.
DISTANCES FROM SECTION LINES
PERMIT TO CONSTRUCT A WELL
11 00 Ft. from South
1200 Ft. from East
Section Line
Section Line
1)
2)
3)
4)
5)
6)
7)
ISSUANCE OF THJS PERMIT DOES NOT CONFER A WATER RIGHT
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 this 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 Wate r 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 Rufe 18 .
Approved pursuant lo CRS 37-92-602(3)(b)(ll)(A) as the only well on a tract of land of 43.00 acres described as that portion
or the SE 1/4, SE 1/4, Sec. 34, Twp _ 5 S. Rng . 92 W , Sixth P .M., Garfield County. Reference the attaehed exhibit A .
The use of ground waler from this well is limited to fire protection . ordinary household purposes inside not more than
three (3) single family dwellings, the irrigation of not more than one ( 1) acre of home gardens and lawns. and the watering
of domestic animals.
The maximum pumping rate of this well shalf not exceed 15 GPM.
The return flow from the use of this well must bia through ~n indiv idual waste water disposal system of the
non-evaporative type where the water is returned to the same stre;;im system in which the well is located .
This well shall be constructed not more than 200 feet from the location specified on th is permit. ~
NOTE: Expired permits 161130 and 174464, were previously issued for this parcel.~~(~~
APPROVED
KJW
Recei t No . 4453987 0 1 1999
TOTAL P .05
•
STUVER 8c GEORGE, P.C.
ATTORNEYS AT LAW
120 WEST THIRD STREET
P.O. BOX 907
RIFLE, COLORADO 81650
THOMAS W. STUVER
RUSSELL GEORGE
MELODY D. MASSIH
DANIEL D. LEMOINE
Kit Lyon
Garfield County Planning Department
109 8th Street
Glenwood Springs, Colorado 81601
Re: C. R. Commercial Properties
Dear Kit:
February 14, 2000
•
TELEPHONE 970 -625-1887
FAX 970 -625-4448
Enclosed you will find copies of the Well Permits and Augmentation Contracts for separate wells
on Lots 1, 2 and 4 of the proposed exemption. Lot 3 will utilize the existing well, which was
included with the Application.
We anticipate that this fulfills the requirements to bring this Application before the County
Commissioners for consideration.
Please let me know immediately if there is any additional documentation you require.
Very truly yours,
STUVER & GEORGE, P. C.
TWS/gg
Enclosures
,-'.
, I --, --., '"\
I J _,.j
r:""" _,.-.,,....,...I
J ~-"J
THOMAS W. STUVER
RUSSELL GEORGE
MELODY D . MASSIH
DANIEL D. LEMOINE
Kit Lyon
S TUV E R 8c GEORGE, P.C.
ATT O RN E Y S AT LAW
12 0 W E S T T HIRD STREET
P . 0. B O X 907
RI F L E, C OLORAD O 8 1650
December 23 , 1999
Garfield County Building and Planning Dept.
109 8th Street
Glenwood Springs, CO 81601
RE: C.R. C O MMERCIAL PRO PERTIES, INC.
SUBDIVISIO N EXEMPTIO N PETITION
Dear Kit :
Thank you for your reasoned response of December 6 , 1999 .
•
TELEP H ONE 970 -625-1887
FAX 970 -625-4448
In your letter you indicate that "since the Silt Pump Canal right-of-way is not a 'State or Federal
Highway, County Road, or a Railroad' it is not a legitimate basis for an extra exemption lot." We
are not persuaded by this analysis. Section 8 : 52 of the Garfield County Subdivision Regulations
Provides :
... 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 the joint use of the
proposed tracts and the division occurs along the public right of way, such parcels
thereby created may, in the discretion ~f the board, not be considered to have been
created by exemption with regard to the four ( 4) lot . . . limitation othe!Wise
applicable.
We believe the proper interpretation of this provision is that when a parcel is split by any public
right-of-way preventing the joint use of the proposed tracts, said parcel need not be considered as
being created by exemption. The parentheticals, upon which your analysis relies, are not listed by
way of limitation, but example. If the County intended to limit this exception as you contend they
would have said "any parcel to be divided by exemption that is split by State or Federal Highway,
County Road, or Railroad .... "
Because the Silt Pump Canal is a pub li c righ t-of-way which prevents the joint use of t h e p r o posed
t r act s, we believe the parcels it splits should not be considered as being created by exemption .
On behalf of C.R. Commercial Properties, Inc., we respectfully request that you forward our
•
GARFIELD COUNTY BUILDING AND PLANNING
Decerriber 23 , 1999
Page2
•
applicat ion to the Board of County Commissioners for t heir consideration .
STUVER & GEORGE , P .C.
cc : Ted Clark
Jack Pretti
THOMAS W . STUVER
RUSSELL GEORGE
MELODY D . MASSIH
DANIEL D . LEMOINE
• •
STUVER Be GEORGE, P.C . 666i l 0 J3Q 03Al3J3~
ATTORNEYS AT LAW
120 WEST THIRD STREET
P. 0. BOX 907
RIFLE, COLORADO 81650
December 2, 1999
TELEPHONE 970 -625-1887
FAX 970 -625-4448
Kit Lyon
Garfield County Building and Planning Department
109 811t Street, Suite 303
Glenwood Springs, CO 81601
RE: C. R. Commercial Properties Subdivision Exemption Petition
Dear Kit:
Enclosed is a copy of the pertinent portion of a U.S.G.S. map to supplement the vicinity map
provided by High Country Engineering on the C. R. Commercial Properties Exemption Plat . A copy
of the deed from A. V. Lough to Lynn R. Hill and Maxine Hill, recorded February 13, 1968 in Book
392 at Page 133 was included in Exhibit 3 of the Petition . On the U.S .G .S . copy I have identified, by
corresponding numbers, the following parcels owned by Lynn R. Hill and Maxine Hill on January 1,
1973 :
1.
,/
Approximately 16 acres SQuth of county road conveyed to Darrow by warranty deeds
recorded September 26 1_9_73 ~Book 450 at Page 147, and in Book 450 at Page 149
(Parcels 2, 3, and 4 in the Lough/Hill deed .) Copies of these deeds are submitted
herewith.
This acreage has always been physically ...!~~ara_!~_c! f!~!E..~~e .!~l!?-~.~~g~r of~!!~. "HllJ _
Property" by County Road 233, and has always been described as Parcels separat e
-from "it1e'r ema1nder of"'Hi ll property". (It is interesting to note that the conveyance
of t his property south of County Road 233 was not subject to any subdivision or
exemption process. Mr. Hill was, to the best of my recollection a County
Commissioner at the time of the conveyance). --l f. J..i · ' ':L <'1 cJ).0
' \....! 0
As this acreage was described of record as separate parcels prior to 1973, and is
physically separated by the County Road right-of-way from the remainder of the
property, it should not be considered as a tract created by exemption .
2 . The parcel of approximately 43 acres which is the subject of this application,
conveyed to the Petitioner by .;-arranty deedirom-Gardineer recorded February 23 ,
1999 in Book 1115 at Page 867 ; conveyed to Gardineer from Henry by deed recorded
February 28, 1994 in Book 893 at Page 966, conveyed to Henry from Hill by deed
recorded December 18, 1979 in Book 54 1 at Page 190 (included within "Parcel I " of
3 .
• •
the Lough/Hill deed.) Copies of these deeds were included in Exhibit 2 and 3 of the
Petition .
The conveyances of this acreage are exempted from the definition of Subdivision
under C.R. S . 30-28-101 (10).
Approximately seventy-six acres conveyed to Wilks from the Maxine Mae Hill estate
by Deeds of Distribution recorded June 13, 1983 in Book 628 at Page 972 and in
Book 628 at Page 974. This acreage is still owned by the Wilks family as a unified
tract, Assessor's Parcel No . 2127-344-00-141. (Included within "Parcel 1" of
Lough/Hill deed.)
The conveyance of this acreage is exempted from definition of "Subdivision" by
Statute C .R.S . 30-28-101(10).
Proposed Lot 1 of Applicant's Subdivision exemption request is split from the remainder of its 43 .4
acre tract by a Federally owned right-of-way, eighty fee t in width, for the Silt Pump Canal . A copy
of the Judgment in U. S . District Court, Civil Action No . 725 by which this right-of-way was
established, dated May 23, 1969 is submitted herewith . Under 8 :52 of the County Subdivision
regulations this lot should not be considered to have been created by exemption with regard to the
four ( 4) lot limit otherwise applicable.
Perhaps more important than any of the foregoing, you will find that the description of Parcel 1 in the
ough/Hill deed identifies that 120 acre parcel as being comprised of twelve Antlers Orchard
Development Company tracts, four of which lie entirely within the Petitioner's property (Tracts 49,
50, 63, and 64 -see copy of pertinent portion of Antler s Orchard map, submitted herewith .)
Given the foregoing history and analysis, I hope you will agree that the exemptions requested may
be properly considered within the four ( 4) lot limitation .
To answer your other concern, Lots 2, 3 and 4 will be su pplied with water under Well Permit Number
217986 . Lot 1 will be supplied by a household well under permit with augmentation under a contract
administered by West Divide Water ConseiV~~y Distri ct .(_ •JJkJ ... \,C l.O +(A{4 f~'V~ ,:::. -.,
~ t..~(((,t.{
Please let me know if I can be of further assistance in the processing of this application . ~ \) 1
Very truly yours,
TWS/mrh
0?/13 /20 00 22 :54 52 5 8 5 2 ~ ROAD AN D BRID~ PA GE 02
!---------------------------!
I District: III I
I R0ad: CR 260 I
I Permit ~: 248-00 D I
!---------------------------!
G A R F I E l D C 0 U N T Y
A P P l I C A T I 0 N F 0 R D R I V E ~ A Y P E R M I T
Application Date 07-14-~
I , JACK PRETTI (herein called "Applicant''), hereby r~Quests
permission and authority from the Board of County Commissioners to construct a
driveway aoproach(~s) on the ri~ht-of-way of Garfield County Road Number CR 26,
~djacent to Aoplicant·s property locatad on tne NORTH side of th~ road, a
distanGe of mile(s) from CR 233 for the purpose of
obtainin~ access to LOT #1
Applicant s11bmits herewith for the consideration and approval
of the Board of Co•Jnty Commissioners, a sketch of the proposed instal-
lation showin~ 311 n~cessary specification detail including (1) front-
aoe of lot elong road, CZ> distance from centerline of road to
property line, (3) number of driveways requested, (4) width of pro-
posed driveway(s) and angle of approach, (5) dist~nce from driveway
to road intersection, if any, (6) size and shape of ar~a separating
driv~ways if more than one approach, and (7) ~etback distance of
bLtildinQCs> and other structures or improvement~.
G E N E R A L P R 0 V I S I Q N S
FIRST: The Appli~ant represents all parties in interest, and affirms
that the driveway aooroach(es) is to be Gonstr11cted by him for the
bona fide purpose of securino access to his property and not for the
purpose of doing business or servicinQ vehicl~s nn the road ri~ht-of-way.
SECOND: The APPli~ant shall furnish all l~bor and materials, oerform
all ~ork, and oay all Gnsts in connection with the construction of the
driveway(s) and its appurtenances on the right-of-way. All work shall
be completed within 30 days of the Permit d~te.
THIRO: The type of construction shal l be ~s desion~ted and/or approved
by the Board of C0 1inty Commissioners or their renresentative, and all
materials used shall be of satisfacto ry au~lity and ~ubject to inspec-
tion and aooroval nf the Board of County Comml ~s loners or their
reoresentative,
FOURTH: The traveling public shall be protected during the instal-
lation with prooer warning si~ns and si gnals and the Board of County
Commissioners and their duly appointed aQents ~nd emoloyees shall be
hald harmless agRinst any action for personal injury or prooerty
damage sustained by reason of the exercise of the Permit.
~7/13/200 0 22 :54 52 5 8527 e ROAD AN D BRID~ PAGE 03
FIFTH: The AooliGant shall assume responsibility for the removal or
clearance of snow. ice or sleet upon any portion o f the driveway ap-
proach (es) even thouoh deposited on t he driveway(s) in the course of
the County snow removal ooerations.
SIXTH: In the ev~nt it becomes neC~$Sary to remove any ri~ht-of-way
fence, the posts on eith~r side of th0 entranc~ shall be securely
braced before the fenGe is cut to prevent any slackin9 of the remain-
i no fence, and all oosts and wire removed sh~ll be turned over to the
Qistr\ct Road Supervisor of the Board of County Commissioners .
SEVENTH: No revisions or additions shall be made to the driveway(s)
or its appurtenances on the right-of-way without the written permis-
sion of tha Board of County Commissioners.
EIGHTH: Provisions and specifications outlined herein shall apply on
~11 roads under the jurisdiction of the Board of County Commissioners
of Garfield County, Colorado, and the Specifications, set forth on the
attached hereof and incorporated herein as conditions hereof.
S P E C I A L C 0 N D I T I 0 N S
15" CULVERT , REMOVE ALL OVERSIZE MATERIAL. GRAVEL BAC:K
so ·, COMPACT 95~ ON COUNTY R.O.W.
, (A.{.fdr~s~) -.
G--l ~-"' <....~ oj:>....:::.d '~ p1-1 Y"l ~ ~ '\;..<: .:
~'--l-1S-Cl)J 9Z° U 5 ,_,<-..
(Telephone Number)
PERMIT GRANTED THIS 14 DAY OF ~L'/ ~, SUBJECT TO THf
PROVISIONS, SPECIFICATIONS, AND CONDITIONS STIPULATEU ~EREIN.
For Board of County Commissioners of Garfield County, Colorado
8Y:~
07 /13 /2 000 22:54 5258527 e ROAD AN D BRIDG~ PAGE 04
/
S P t C I F I C A T I 0 N S
1. A driveway approach is understood to be that portion of the high-
way right-of-w~y be.tween th~ pavement ~dge and thP. property line which
is designed and used for the interGhange of traffic betwee.n the road-
way pavement ~nd the abutting property.
2. At any intersection, a driveway shall be re5tricted for a suf-
ficient dist~nce from the intersection to oreserve the normal ~nd safe
movement of traffic:. (It is recommended for r•irB.l rAsidence entrance~
that a minimum j_ntersection clearance of 50 f~8t b~ provided and for
rural commercial ~ntrances a minimum of too feet be provided.>
3. All entrances ~nd exits shall be so located and constructed that
v~hicles approaching or using them wi ll be able to obtain adeQuate
sl.ght distance in both directions ~long the hiohw0.Y in order to maneuver
safely and without i nterfering with hiQhway tr~ffic.
4. The Applicant shall not be permitted to erect any sign or display
material~ either fixed or movable, on or extending ov~r any portion
of the highway r1ght-of-way ,
5, G~nerally, no more than one approach 5hall b~ allowed any oarcel
or property the frontage of which is less than one hundred (1001 feet.
Additional entrances or exits for parcels or orooer t y having a frontage
in excess of one hundred (100) feet shall be permitted onlv after
showinQ of actual Gonvenience and nece~sity.
6. All driveways shall he so located that the flared portion adjacent
to the travel~d way will not 0ncro<:1~h upon adjoining proo'3rty .
7. No commAr~i~l driveway shall have a width greater than thirty (30)
fe~t measured at r \ght anQles to the c enterline 0f t he driveway, except
as increased by permissible radii. No nonc0mmercial driveway shall
h<:i.ve a wi.dth greater th~n twenty <20) feet me<:is•.trt:!d at right angles to
the centerline of the driveway , except ~~ increased by permissible radii.
8. The axis of an aopr0~0h t0 the road may b8 at ~ right angle to the
centerline of the highway and of any angle between ninety <90) degrees
~nd 5ixty C60) degrees b••t shall not be lass than 5 j xty (60l degrees.
Adjustment will bP made according to the type nf traffic to be served
and nther phys\ca l ~onditions.
9 . The construction Qf parking or se rv icing areas on the highw~y
right-of-way is specifically prohibited. Off-thA-road oarkinQ facil-
ities sho•.t1d bl'?. provided by commercia.l est~blishmen t s for customers·
vl".lhi.cles.
10. The Qrade of Rntrance and exit shall slop~ downward and aw~y from
the r0ad surface at the s~me rate ;:is the n9rma l s houlder -s.lope and for
a distance eaual to the width of the s houlder but in no case less than
twenty (20) feet from the pavement ed9e. Approach grades ~re restricted
to not more than 10 oercent (10~).
11 . All drive~~Y 5 and approaches shall be so ~nnstructed that they
shall not interfere ~ith the drainage system of the street or highw6y.
The Applicant wil l be required to provide, at hi~ own expense. drain-
age structures at entranc'3s and ~xi.t s which .i:ill bl::!Gome an integral
part of the existing drainaQe system. The dimensions of all drainaQe
str1Jc:;tur€s must b~ approved by the Board of Co1inty Commissioners or
their r~presentative prior to installation.
NOTE: This oermit shall he m~de available at the site ~here and ~hen work is
beinQ done. A w0rk 5ketch or drawinQ of the proposed drivew~y(sl must ac c ompany
applicr=ition. No permJ.t IWj_lJ be iss11ed wit h out dra.,tnQ , bluer>rint, or sketch ,
6 7 /13 /20 00 22:54 5 2 5852 7 e ROAD AND BRID. PAGE 05
<+> GARFIELD COUNTY ROAD & BRIDGE DEPARTMENT <+>
SPECIAL PROVISIONS FOR EXCAVATION OF ROAD SIJRFACE ANO INSTALLATION
PERMIT #: 248-00 D PERMITTEE: JACK PRETTI
INSPECTOR: SUB-CONTRACTOR:
1) ANY OVERSIZED MATERIAL (LARGER THAN 10 INCHES IN OIAMETERJ, THAT
IS NOT UTILIZED IN BACKFILL WI LL BE HAULED OFF BY PERMITTEE. FURTHER ,
ANY FROZEN MATERIAL WILL BE REMOVED FROM SITE BY PERMITTEE.
2) WHEN A PAVED OR CHIPPED SURFACE IS CUT, IT IS TO BE REPLACED WITH
A MINIMUM THREE INCH (3'') HOTMIX ASPHALT PATCH. A TEMPORARY PATCH WITH
COLO MIX ASPHALT WOULD BE ALLOWED, WHICH WOULD BE REPLACED WITH HOTMIX
ASPHALT WHEN THE WEATHER OR AVAILABILI TY OF MATERIALS ALLOWS THE WORK
TO BE COMPLETED. AN ASPHALT OR CHIPPED SURFACE CUT WOULD REQUIRE: THE
ROAD TO BE STRAIGH T CUT ANO SQUARED BY MEANS OF A PAVEMENT CUTTER OR
SAW. A CHIPPED SURFACE CUT WILL REQUIRE A SEAL COAT OF' THE PATCH WHICH
WIL L BE FULL ~IOTH nR HALF WIDTH OF ROADWAY WHEN TRENCHES RUN WITH THE
ROAD. FOR TRENCHES ACROSS THE ROAD , THE EDGES OF THE SEAL COAT WILL
OVERLAP THE EXISTING EDGE. ALL SEALCOA TS WIL L OVERLAP EDGES BY A TWO
FOOT MINIMUM TO INSURE AN ADEQUATE SEAL OVER THE UNDISTURBED PORTION
OF THE ROADWAY IN THE VICINITY OF THE EX CAVATION . ASPHALT HOTMIX OR
COLD PATCHES WILL BE COMPLETED I N A MAXIMUM OF FIVE ~ORKING DAYS,
WEATHER PER~ITTING,
3) WHFN POSSIBLE ALL INSTALLATIONS SHOULD AVOID THE TO P EDGE OF A FILL SLOPE .
4) INSTALLATIONS IN DRAINAGES SIJB .J ECT TO FLASH FLOODING, WILL HAVE A MINIMUM
BURY OF 4 FEET DEFPER THAN NORMAL FLO~ LI NE AT NEAREST ABUTMENT, W1NGWAL L,
OR CULVERT.
5) INSTALLATIONS AT CI JL VERT CROSSINGS ~ILL BE BURIED BENEATH THE CULVERT
WTTH A MINIMUM SEPARATION OF 18 INCHES BETWEEN INSTALLATION AND THE
BOTTOM OF THE CULVERT .
6 ) OPEN TRENCHES ADJACENT TO THE TRAVELED ROADWAY SHALL BE BACKFILLED
DAILY TO ~ITHIN 100" OF THE WORKING AREA OF THE TRENCH, AND SHALL BE
BARRIC.AO~O WITH WARNIN~ DEVICES AFTER DARK. A 3 FT. HIGH ORANGE PLASTIC
FENCE WILL BE INSTA LL ED DAILY TO KEEP LIVESTOCK OUT OF THE OPEN TRENCH
AFTER HOURS.
7) IN AREAS 8EING OIST lJRBED ~HERE VEGETATION IS ESTABLISHED, RESEEDING ~ITH
A MIXTURE EITHER BY BROADCASTING, DRILLING, AND MULCHING WITH SEED MIXTURE S
SIJITABLE TO THE CLIMATIC CONDITIONS OR EXISTING VEGETATION ~ILL BE
PERFORMED. USE ONLY CERTIFIED WEE:D-FREE SEEO. NOXIOUS WEED CONTROL
WILL BE ONGOING ALONG WITH REVEGETATION.
8 ) THE PERMITTEE SHOULD CHECK THE R-0-W OF SURROUNDING LANDOWNERS
TO SEE IF OTHER PERMITS ARE REQUIRED, I .E., BLM, FOREST SERVICE.
~F-tF.t'D l':OllNTV "\
BY JACI< PRETTI j (PERMlTTEE)
/
rEJ7 /13/2EJEJEJ 22 : 54 5258527 e ROA D AND BRI .
Gameld County
TomRm1ell
Garfield Comaty Rmd ud Bridie De.-rtmeat
902 Talllgheabaap Bl~ Salte 30!
RJfJe, co 81647
Phone-970-62~8601 Fax-970-625-8623
PAGE 05
0 '"'· I" t'! \) f T ·3 -:; I '· .. ~ l) 7 --1 4 -· () 0
l'\L·~l rn P. :
Ad cir(.>·::;·::.:
c: i .. t y :
Pr1nnH:
PF~·M JTi'.::;l lt ·.:
ST:
Tn ..
F: r· nrn :. 24 8--0 0 Tn:
T 0 :·.
nv,""1·· wr-:i t gh1-P;~r .. rn1.t ·:.:.-:j:!: .,. · r1·(:i 1r1 ·:
r n TA 1... DU F ···· > .... >
/41~-00 I)
?J P :
T 1 r;-1l IJ t.LJ i1--1
r ,~. t· a J nv,-:ir ;.:; 1 .~P.
I / . 11 il
F n1· (,.:-:r r-f i .1~ 1 ri (Ji1 1.r1 I~ v:
t:~~ ~er ~
"
.. )0
l ",. oc
' I) fj
. n n
?.. • on
. n n
e
J O H N C K E PH A RT & CO.
435 NORTH AVENUE • PHONE 242-7618 • GRAND JUNC T I O N . C O L O RADO 81501
A N ALYTICA L RE PORT
Reci ev ed from:
C ustom e r No.------------
~1U~ water Laborato ry N o. _____________ Sample------------
Date Receiv ed __ ..:::·.:_=:"'"':~ .. _...-c:::i .-"':~"--'-~ ._:' =~:·""'. '-,.,.""'-\-", _1 -----------Date Re ported ------------=:::-'-. l _: ~""'.::;""'J.~,._<=~;;:~(_) \c....)..c.(;_· __
j\J j_ ·J:: r-.i. t t·? i, l'·.J >
. ·'-... .';.. ... .:::!., 1 .•. t:.:' ', j '·.I/
,·-·. --1 .; ........ . ~::'l\.J J • .J. u ';:;:>
T, j t :=., .t t __ . ,::; :. l ·~ .. ,::; v .. m
:r::; ,:;,, c. t :'.·:· j"" .i .. ::;
'··· ,, () '-:._~'
, _ _.. c c:i J. cin i t.7!·::~ .. / J. ()()rn }.
::::7 L l
:~ 1·-· 2 t. t L e ~~: ~:;
,-·i·--.. ·· .. . ·'-
, __ ; :·::.:_:.
I'
l/l l .. -:.l i
.. ::· '•• ··. . __ ;" ,_l\,I
inq ,/ l
u colonies/100ml
~MUELSON PUMP CO. INC~
P 0 BOX 297
GLENWOOD SPRINGS
COLORADO 816 02
WATER SYSTEMS
SALES , SERVICE & INSTALLATION
945-6309
May 15, 2000
Jack Pretti
Huebinger Real Estate Inc.
1620 C Grand Ave.
Glenwood Springs Co 81601
Attn: Jack Pretti
On May 15, 2000 a well test was conducted on well #1. The following
information was obtained;
Well Depth------------------------------153'-0"
Casing size (top) -----------------------7"
Standing water level-------------------6.0'
Total test time--------------------------4 hrs.
Draw down at Sgpm--------------------84. 7 4'
Production------------------------------8gpm
This test was conducted with a 1 hp. goulds test pump model lOEJlO.
The well recovered back to 71.9' in 1 hr. If you have any questions please
call me Raun Samuelson at 945-6309.
Sincerely;
Raun Samuelson
IMUELSON PUMP co. INC~
P .O . BOX 297
G LENWOO D S PRINGS
CO LOR ADO 81 602
W ATER SYST EMS
SA LES, S ERV ICE & INSTA LLA T ION
945 -6309
May 15, 200 0
Jack Pretti
Huebinger Real Estate Inc.
1620 C Grand A ve.
Glenwood Springs, CO 81601
Attn: Jack Pretti ,
On May 15 , 2000 a well test was conducted on well# 2 . The
fallowing information was obtained;
Well Depth------------------------------202'
Cas ing size (top)-----------------------7' steel
Standing water level-------------------5'-8 .5"
Total test time--------------------------thrs
Drawdown at 3 gpm--------------------7 4'-2.5"
Produc t ion ------------------------------3 gpm
This test was conducted witha lhp Gou lds test pump Model 10 EJlO.
This well recovered back to 49'-3" in 20 mi n . If you have any questions
please call me Raun Samuelson at 945-6309.
Sincerely ;
E~,,
Raun Samuelson
e e
S AMUELSON PUMP CO. INC.
P 0 BO X 29 7
G LE NWOOD SPRI NGS
CO LO RAD O 81602
W ATER SY STEMS
SALES . SE RV IC E & INSTALLA T IO N
945 -6309
May 18 , 2 00 0
Jack Pretti
Huebinger Real Estate Inc.
1620 C Grand A v e.
Glenwood Springs, CO 8 1601
Attn: Jack Pretti,
On May 15 , 2000 a well test was c onducted on well# 3. The
following information was obtained;
Well Depth------------------------------187'-0"
Casing size (top)-----------------------7' steel
Standing water level-------------------25'1 3/4"
Total tes t time--------------------------4 hrs
Drawdown at 20 gpm-------------------40'-3"
Production ------------------------------20 gpm
This test was conducted witha lhp Goul ds test pump Model 10 EJlO .
This well recovered back to 33'-10 1/2" in 3 0 min. If you have any
questions please call me Raun Samuelson a t 945-6309.
Sincerely;
Raun Samuelson
JLJL.18.2000 8:488M STLJVER & GEORGE, PC N0 .993 P.2
GRANT AND DEDTCATION
C. R. Commercial Propenies, Inc., a Colorado corporation, Granter, hereby grants and
dedicates to the Board of County Commissioners of Garfield County, Colorado, any interest of the
Granter in that real property in Garfield County, Colorado described as follows:
A parcel ofland situated in the SEY4 SE~and the W'h Ev~ cf Section
34, Township 5 South, Range 92 West of the Sixth Principal
Meridian and more particularly described as follows :
Beginning at the Southeast comer of Section 34 of said Tovro.ship and
Range, The Point Of Beginning; thence S 89°53 100 11 W along the
Southerly line of said Section 34 a distance of 1349. 79 feet; thence
leaving said Southerly line N 03°15'09 11 W30 .04 feet to a point on the
Northerly right-of-way ofCouoty Road ~o. 233; thence N 89°53'00"
E along said Northerly right-of-way 1321.39 feet to a point on the
Westerly right-of-way of County Road No. 260; thence N 00°11 '58''
W along said Westerly right-of-way 1277.00 feet to a point in an
existing fence; thence leaving said Westerly right-of-way S 87°36'04''
E along said fence and said fence extended 3 0. 03 feet to a point on
the Easterly line of said Section 34; thence S 00°1 l '5 8" E along said
Easterly line 13 05. 68 feet to The Point Of Beginning; said parcel
containing 1. 809 acres, more or less.
for public right-of-way purposes.
-t-h
Dated this J2__ day of July, 2000.
C.R. COMMERCIAL PROPERTIES: INC.
.~ / By '-~--?(
/
//
ATTEST :
Page 1
~'-~
Presid~
JU L .18 .2000 8 =48A M STUVER & GEORG E, PC N0 .993 P .3 • e
STATE OF COLORADO )
) SS
COUNTY OF GARFIELD )
q The foregoing instrument was ackno wl edged before me on this /8 -f/r.-day of ( u./L c_ , 2000 , by Jack K. Pretti , President of C. R. Commerc ial Properties , Inc , 0
Witness my hand and offi cial seal.
My commission expires :
STATE OF COLORADO )
) SS
CO LNTY OF GARFIELD )
//-!::5-2e:ol
~he foregoing instrument was . acknowledged befo r e me on this ~day of
,, . , 2000 , by (}acguek ev La~2e l , Secretary of C. R. Commerc ial
rt" s , Inc . l 'J
Witness my hand and official seal .
My commiss ion expires:
Page 2
JLJ L.18 .2000 8 =498M STLJ VER & GEORGE, PC e
DECLARATION OF
PRIVATE ROADWAY EASEMENT
AND
J.\llAINTENANCE OBLIGATIONS
N0 .993 P.4
This Declaration is made this J 2 +-hday of .Ju I -..r , 2000, by C. R
Commercial Properties, Inc. (hereinafter the Declarant''), owner in iee of that real property
described as Lot 2, Lot 3, and Lot 4, C. R. Commer cial Properties Exemption Plat, County of
Garfield, State of Colorado .
I
RECITALS
The Declarant is the owner and subdivider of three tracts of land known as Lot 2,
Lot 3 and Lot 4 , C. R. Commercial Properties Exemption Plat, Garfield County , Colorado and,
by this Declaration., intends to grant and dedicate j oint and common rights to the use of a private
driveway serving the Lots, and impose on the Lots , as covenants running with the land, the
obligation to jointly maintain the driveway serving said parcels .
II
ROAD EASEME1'1'"1'
SECTION 2 .01
The Declarant hereby grants and dedicates unto the owners of Lot 2, Lot 3 , and
Lot 4, C. R. Commerc ial Properties Exemption Plat, their heirs, successors and assigns, a non-
exclusive easement upon , over and across , that portion of said Lots, designated as an Access ,
Utility and Drainage Easement on the final plat of C. R. Commercial Properties Exemption
recorded in the office of the Garfield Counry Clerk and Recorder, at Reception No .
______ , for use by rhe owners of the respective Lots, their successors, assigns, agents,
employees, tenants, guests and invitees , for a private access road, and utility and drainage
purposes, subject to the terms, conditions and provisions hereinafter set forth.
SECTION 2. 02
The term of the easements herein granted shall be perpetual.
JU L.1 8 .2000 10:01RM STUVER & GEORG E, PC e
·---·-No . g g5--P · 2-·---e
SECTION 2. 03
The costs of repair, maintenance, clearing, rrash removal, snow plowing, and other
expenses o f upkeep and preservation of the road easements shall be the sole responsibility of the
owners of said Lot 2, Lot 3 and Lot 4 , C. R. Commercial Properties Exemption Plat, and such
costs shall be shared by the owners of the respective parcels, one-half (1 /2) to Lot 4 ; three-eighths
(3/8) to Lot 3; and one-eighth (118) to Lot 2. Routine repairs, paving , clearing, trash removal and
snow plowing will be conducted. from time to time , as deemed necessary by the parcel owners .
m
E1'TFORCEJ.'1ENT
This Agreement and the terms , conditions and provisions hereof may be enforced
oy the owners of either of the benefitred Lots , their successors and assigns, and in the event legal
proceedings are brought against any party for the purpose of such enforcement, the prevailing
party or parties shall recover from the non-prevailing party or parties all costs associated
therewith, including, but not limited to, reasonable attorney's fees.
The owner of each Lot agrees that , upon request of any of the other owners, it will
certify from time to time to any person designated that there are no breaches of this agreement.
If any party fails to respond to such a request within ten (10) days of the date of the request, any
existing breach of the agreement shall be deemed waived by the non-responding party.
IV
EASEMENT SERVICE AREA
Use of the easements shall be restricted to access to and from the respective Lots.
The easements may not be used for the parking or storage of vehicles or equipment. The road
easement is subject to the dedication of utility easements set forth on the recorded plat of the
C. R. Commercial Properties Exemption.
v
UTILITIES
The owners of the Lots have granted on the final plat of the C R. Comniercial
Properties Exemption Plat, a perperual, non-exclusive easement to use the road easement for the
purpose of providing utility service to the parcels, or for the repair, maintenance, removal or
replacement of said utilities. All instrumentalities, lines , or facilities placed in the road easement
shall be maintained in a safe condition by the respective utility company or governmental agency.
No grantee of a utility easement under the final plat shall in the use, construction, reconstruction,
2
JLJ L.18.2000 g :49~M STLJV ER & GEOR GE , PC N0 .993 P .6 e
operation, maintenance, or repair of any utility in any way unreasonably obstruct or delay the use
of the roadway easement granted herein.
VI
SPECIAL USES
Under no circumstances shall road access be denied to or from any Lots over and
across the road easement for emergency vehicles , maintenance equipment , and government
officials while on official business .
SUBSEQUENT OWNERS
The easement granted herein are appurtenant to the respective Lots in the C. R.
Commercial Properties Exemption and such easements may not be transferred, assigned or
conveyed apan or separately from the respective Lots which benefit from the easement.
All provisions of this agreement, including all benefits and burdens , shall run with
the respective Lots subject hereto and shall be binding upon and shall inure to the benefit of the
heirs, assigns, successors and personal representatives of the Declarants, subject to the provisions
hereof.
IN WITNESS WHEREOF , the Decl arant has executed. this Declaration as of the
day and year first above set forth .
C. R. COMMERCIAL PROPERTIES , INC.
President
ATTEST :
·~ ~-. ~).
--k a ~&£-,, )l ___ ) -~~=
} [ Secretary J J
JU L.18 .2000 s :s 0~M ST~R & GEORG E, PC
ST ATE OF COLORADO )
) SS
COUNTY OF GARFIELD )
N0 .993 P.7
The foregoing instrument was acknow ledged before me on this /8 fh.. day of
..... 1__.. ...... < t=-+r~---' 2000, by Jack K. Pretti , President of C. R. Commercial Properties, Inc .
Wimess my hand and official seal.
My commission expires: //-!5'-2t'OI
STA TE OF COLORADO )
) SS
COUNTY OF GARFIELD )
/7 1 The foregoing instrument W¥ acknowledg~ before me on this /8 .µ__day of ,__ l-fi. , 2000 , by /Jcu:_Ciwd.;..,. ho , ~I f:jSecretary of C. R. Commercial
PJope es ·, Inc. 1 b
Witness my hand and official seal .
My commission e"--pires :
4
JU L.18.2000 8 :508M S ~E R & GEOR GE , PC
WATER WELL
SHARING AND MAINTENANCE
DECLARATION
N0 .9 9 3 P.8
THIS DECLARATION is entered into on the date set forth below to be effective
-.J ~ l -1 \ ;? , 2000 , by C. R. COMMERCIAL PROPERTIES , INC.,
whose addiess is 1620-C Grand Avenue , Glenwood Sp rings, Colorado 81601 (OWNER), owner
in fee of those real properties described as Lot 3. and Lor 4, C. R. Commercial Properties
Subdivision Exemption Garfield County , Colorado , Said Lot 3 and Lot 4 are referred to
hereinafter collectively as "the Lots .··
WHEREAS , the OWNER and its succ essors in interest are to be the joint owners
of a water well constructed under Colorado Division of Water Resources Well Permit No . 217986
and shall be j oint owners of the water well and casing as consnucted and installed and of the water
to be diverted by said well system for providing domestic water for al l pemutted uses on the
respective Lo ts; and
WHEREAS , the well and casing and pump shall be utilized by said owners as a
lawful water right; and
WHEREAS , the water well and system required drilling and completion and will
require connnuing maintenance and operation, the costs of which must be borne by the owners of
the Lots and users thereof; and
WHEREAS , the well permit contemplates perpetual , though not constant , use and
operation of the well , pump and the appurtenant structures ; and
WHEREAS , said OWNER desires to enter into this declaration for the purpose of
clarifying respective rights and duties and establishing easements and procedures for jointly
operating the water well and delivering water to the properties of the owners , and for providing
a method for equitably dividing the water derived from operation of the system , and for equitably
allocating the shared. payment of costs of operation and maintenance of the water well and its pump
and other structures by all of the owners of the Lots,
NOW THEREFORE , in consideration of the mutual obligations, promises, and
covenants set forth herein , and the due performance thereof , and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged , including but not
limited to the acceptance of the benefits and detriment s deriving herefrom, the OWNER states as
follows :
1. Each of the respective fu ture owners of the Lots sh.all be deemed to
own an undivided one-half (1 /2) share of the subject well permit , well, pump , fittings at the well
J LJ L.18.2000 8 :50AM S~ER & GE ORGE, PC N0 .993 P.9
head, meters (whether existing now or to be inst.ailed at a later time), pumphouse, foot valves, and
any pipes or pipelines and any other structures which are jointly used.
2 . ~either of the owners o f the Lots is deemed to have any ownership
right in and to any pipe, pipeline or other structure used or required solely by the owner of the
other of the Lots which may utilize any portion of the water flowing from this water well and its
structures. This agreement does not intend to relate w such individually owned or used rights or
structures. Nothing in this agreement shall be construed to give any owner any rights to such non-
shared property of the other owner nor to obligate any party to pay any costs associated with non-
shared structures .
3. The owners of the Lots shall cooperate with each other at all times
in all matters necessary to promote the proper construction, completion and functioning and use
of the water system in such manner as to provide to the ir respective uses an optimum water supply
on demand at all times possible based upon the natural availability of water. The owners of the
Lots shall agree to not waste water and to endeavor to use no more than their respective shares of
the available water. At this time it is agreed that no individual water meters must be installed .
If at any ti.me after the date hereof, the owner of either of the Lots requires that meters be
installed, then the owners of each of the Lots shall install meters at their individual expense.
Waste or over-use shall be deemed to be a material breach of this agreement for which the non-
defaulting Lot owner may seek remedy at law or equity for damages or for injunctive relief, or
both. Irrigation uses shall be limited to not more than 6,000 square feet of l awn and garden on
each parcel. Unless otherwise agreed by each owner , neither owner of one of the Lots shall use
more than one-half (1/2) of the water legally allocat.ed to the well (i .e ., 750 g .p .m.). In the event
the water physically available from the well is less than the legally available amount, then each
owner shall proportionately reduce the consumption o f same to one-half ( 1/2) the amount actually
available. In no event shall the well be pumped at a rate exceeding fifteen (15) gallons per minute.
Any household use of the well water must provide for r erurn flow through an individual disposal
system of the non-evaporative type, returning the water to the watershed in which the well is
located.
4. The O~ER shall be responsible for the initial cost of constructing
the well system, water storage tank, pump house and any jointly used pipe lines. Following the
initial construction, the actual and continuing costs of operation, maintenance, construction,
extension, upgrading, cleaning, repairing and all other work required on shared components of
this water system to cause the water at the well to become and remain available to deliver water
to the parties shall be shared by the panies in proporuon to their share in the well. This agreement
shall relate only to costs incurred after the date hereof . Electrical charges for the operation of the
well shall be shared equally, or in the event meters are insr.alled, in proportion to the water utilized
by each Lot owner. No operational costs will be charged to any owner until such owner actually
makes a physical connection to the well and begins using water from same.
2
JU L.18.2000 8 :518M S~E R & GEORGE, PC
NO . gg3 ---P.10---. -
5 . Subject to tbe provisions in paragraph 4 above, any Lot owner who
has been using water from this system and at any time elects not to share in costs, necessary
repairs, maintenance, rep l acement and the like necessary to maintain the water well and deliver
the subject water, shall not receive water from the system. At such time as said electing Lot
owner chooses to resume use of water from the system said party may do so upon reimbursement
to the other Lot owner the full cost of said party 's share of such expenditures with legal interest
retroactive to the expenditure date .
6 . The owners of the Lots shall cooperate in the future maintenance,
operation, repair~ replacement or improvement of al l common facilities. In the event the owners
are unable to agree on any required maintenance, repair, replacement or improvement, either
owner shall be entitled. to uruiertalce the minimal maintenance , repair, replacement or improvement
necessary and essential for proper functioning of the common facilities. In the event either owner
determines to undertake such work unilaterally , such owner shall notify the other owner in
writing. The owner undertaking the work shall, upon comp letion, provide the other owner with
a written statement of work performed and the other owners' proportionate share of the cost of
same . In the event an owner fails to pay the proportionate share of any amount due within thirty
(30) days after presentment, the owner which has paid such cost and expense shall be entitled to
pursue any remedy available at law or in equity for a breach. The Court , in its discretion, may
award to the prevailing party Court costs and attorney 's fees incurred.
7. The OWNER hereby grants and. dedicates permanent , non-exclusive
easements for utilities across that ponion of said Lot 3 and Lot 4, designated as ·· 20 . 0' Access and
Utility Easement" on the final plat of the C R. Commercial Properties Subdivision Exemption,
as necessary and sufficient for this Agreement to be performed for the benefit of the owner of the
respective Lots , as users of the shared well , pump and common pipeline and treatment system and
structures, and also grants a non-exclusive easement for the installation and maintenance of a non-
shared or individual pipeline conveying water to Lot 4 over and across Lot 3 within said "20 . 0
Access and Utility Easement. "
8. Neither Lot owner shall interfere at any time with the proper use by
the other Lot owner of its interest in any water structure and shall indemnify and hold harmless
the other Lot owner and users from any loss or damage or injury caused by the acts of said
indemnifying owner.
9. The term hereof shall be perpetual.
10. This agreement shall be binding upon and inure to the benefit of the
owner, and its assignees or successors, and the easements and covenants granr~d or agreed to
herein shall be deemed to run with the land and shall encumber the Lots for their mutual benefit.
11 . The laws of the State of Colorado shall govern the validity, effect
and construction of this Agreement.
3
u .. '
JU N. 7.2 000 10 :46 AM S~E R & GEORGE , PC N0 .57 9 P .5
12. This declaration may not be modified in any manner except by an
instrument in writing signed by the owners of each of the Lots .
IN WIT:'.'IBSS WHEREOF , the owner has signed this agreement on the date
following its signature .
C. R. COML\1ERCIAL PROPERTIES , INC.
D A TE : 7-J B-.o<D
ATTEST :
c~~, .j ~retary
STATE OF COLORADO
) SS.
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me on this /8 µ._day of
ack K. Pretti , President of C . R. Commercial Properties , Inc .,
~~~~~..;...;,.i.~.{.L.d.~/ __ , Secretary of C. R. Commercial Properties, Inc.
[
Witness my hand and official seal .
4
_ .. -. ....... -. .. --""'
(ABA)SCHEDULE NO .
L....J...\.J""i'.J....,J
(DAl)MAP NO .
"-~-
AGRI. AREA
MA~i •• SUB IVI ION -I JVAC) LOCK lv~n sE'8.ArJ4SEcl TWP
I 1.:il =I i; I
I (DAD) s u B. NO. I i<DAK)SCHOOL DIST.
(BAA) (CAC) (CAD) (CAE) (HAC) ~'6'™ a Pl'lU OR
OWNER'S NAME MAILING ADDRESS CITY /STATE ZIP SALES DATE (HAH) CLERK'S NO. .. ·--T"'lo., . -, , • T 112 79 541 190 ~uy ~· 188,
/) --'· ~-11 r .L -.-r/ _ ~ -2 .!'1 9.1.1 99.z / 9,a
(1_, fl (I~,,,.,, ..-v1 .o.,,-.(1 /n / ~r"O~.o~..,l.,';.. < ,,.J,, (1 • .2 ~ 19~ 11u:·/ 9;, '7
oJ
.. -· --··-----
(VAEI LEGAL DESCRIP1)~.:;.;z.,~::t,. , ...... -.t,,-~; .... ' ~
-.l...· .__ ""f •
ii :
5-92 I
Sec.34 A Tr in the SE~ Cont. 156.41': thence S.87°36'04" E. i
43.49 Ac. Beg. at the S. Cor of 1415.71': thence S.00°16'57" E.' I
Sec.34': thence S.89°53'00" w. 1305.78' to the P.O.B. I . '
1349 . 79.: thence N.03°15'09" w. I i
321.05': thence N. 07°04'10" w. Total: 43.49 Ac.
213.48': thence N. 36°31' 44" w. ·-·
101.40': thence N.09°05'37" w.
106.38'; thence N.02°04 '29"E .
351.14"; thence N.03°03'15" E.
144.66': thence N.11°06'17" E.
---··· -·----.....,__~ .. ·,
TYPE OF ROAD -LAND VALUE
Dirt Grovel Poved Code Lond ·Use · Land Class Acres Unit Value Totol Value
IRRIGATION WELLS '1//1fJ 1..-,,o.~ rll ·VB ?J.;,<ICI ,;('J9., O/ Ii? f??O
Depth lift Fl. 'fl/Joi. ,Ii/~ ·''/'VO " '1; @ 1 186 ~ '.l I "<'In
Copocity No . <J
No. Sprinklers
Power: Gos Electric
Total Gals. Per Min .
WATER RIGHTS
Decree Dote -
Dist . No .
Streom Formsteod
Road a Ditches
DITCH RIGHTS TOTAL '13.4'1 i«. 180
Ditch Irrigated Woter Costs REMARKS : X"9.~.79/...~·
Per Irrigated Acre
No . Shores Acres Per Shore 10 Year Average YEAR
Ditch l'lt7
Supplemental Woter 14tl7
Flood Rights Well
Water Tobie Inches
Annual Roinfoll Inches I
! j . I ~
--y:-~-.. ·1-" ........ --/
::, =°:!1;1;:;: ..
. !:·; .. :11.'J! ., .. : ·'d1!1:;l1r ··
• .:.~:1 1!1 .1 ; •::
l''. '
:.\ :\·::'
,::;'.;}?
(DAF}TAX AREA -··-=' (AAA)PARCEL NO .
RANGE I ~a,~ \lo.
o? I y? ~
(HAI) (HAB) TYPE
DEEO DOC. FEE
WD 8.60
189
/11 n ;..., t'9:.-
we .2 3, 5''7
CALCULAT IONS
Assessed Ttp/;~! Acr109e
Value Percent
.3150
380
.3"530
ACTUAL VALUE
LIGl~)D
J~/80
11/~:Z,/',
\FJ~S. ork'"E~~iMPS.
~ ~
·<-fii:o~-c·,
·•1•'!1.;:.J I':" . I;: . .J11P ;:!:
, .. ;I ' I;· ~ i ;:·i?~h~;,·.
Landlord Yield Shore
SUMMARY
TOTAL LAND
/iJ.../80 35'30
l'!l;J!-?/) J./2-l/D
,,, n ·u " -
•
10 Yrar Expense Cop. Ro te Avo . Price
•
ASSESSED VALUE
IMPS . OTHER IMPS . TOTAL
·" ~ J t? --Li 7 q(J
....... -.... ,.. --AGRI . AREA (ABAJSCHEDULE NO. -(DAl)MAP NO .
SUB~~1~ION °0 , 1 Jr~%'K ~~n I sE'B.A~4sEC! TWP
I I 14l cy I c; I I (DAD) SUB . NO. I l<DAK)SCHOOL DIST.
(BAA) (CAC) (CAD) (CAE) (HAC) e'O'W 11 llAllt
OR
OWNER'S NAME MAILING ADDRESS CITY /STATE ZIP SALES DATE (HAH) CLERK 'S NO . .. -· _,, . T 12 79 541 190 ......... y , .A. .1..1.7 ......
188,
11. .. -J, ~ 11 r.L A ,-r/ ' ~ -1 Jfl p,y )?~~/9£L
C. I?. {!_,,;;,,,,,,,p_,,-.(J ,.,.. I 0,-0.t'lP _...J.. ';_ < _,.},,(I .2 /:} l9CJ /) 1.l:-I OL ..,
v
~ ----
(VAEI LEGAL DESCRIP]~:...-J~~ .. , ·~.r~·--~i : ... __ _;_L..-..• ~
l; I
5-92 I
Sec.34 A Tr i n the SE~ Cont . 156 .41'; thence S.87°36'04" E. '
43. 4 9 Ac. Beg. at the S. Cor of 14 15 . 71 '; thence S .00°16'57" E.' I
S ec . 3 4 '; thenc e S .89°53'00" w. 130 5 .7 8 ' t o the P.O.B . I . ..
134 9 .79'; the n c e N.03°15'09" w. '
;
321.05'; thence N. 07°04 '10" w. Total: 43.49 Ac.
213.48'; t hence N. 36°31'44" w. . -.
101.40 '; thence N.09°05'37" w.
106.38'; the nce N.0 2 °04'2 9"E.
351.14"; thence N.03°03'1 5" E. i
144.66'; the nc e N.11 °0 6'17" E.
I
----------->--....
TYPE OF ROAD -LAND VALUE
I Dirt Grovel Paved Code Lond ·Use Land Class Acres Unit Value Tolol Value
IRRIGATION WELLS
Depth Lift Fl.
Capac i ty No .
No . Sprinklers
Power : Gos Electr ic
To t al Gals. Per Min .
WATER R I GH T S
Decree Dote
Dist. No .
Sl r eom
DITCH RIGHTS
Ditch
No . Shores Acres Per Shore
Supplemental Water
Flood Ri9hls
Water Tobie Inches
Annual Rainfall Inches
C ' l!OfUll CO O(llYtll Coto
~~---~i'(yf:
. ~ ' . . ..
. :·· ,: .. ·
"';"' :. !j • I ~
1 ;~:J\):
··;i ;\t :"
111n i. .~
if I/Jo~ !·/~
u
Farmstead
Rood a Ditches
TOTAL
Irrigated Water Costs
Per Irr i gated Acre
10 Year Average
Ditch
Well
--...---... -•..
11l VS ;31;,;,</q
,, ·1-vo· 1JJ?J~
'13 .1./9
REMARKS : 5?9.~/9~.f'_·
I
i
./ ·:,,·;i!;j;:·.
. i":.'.ii1 j';.-;,.:
: ;:1:,1i ,,:'l•t'•'
. .:.~:'Ill .I ; 1:: , ... '
.;{'J8. O/ 10 El?o
186 ~:l. 1.··~on
-
ic?. 180
YEAR
1qt7
Jtlt/7
.,., ·--· .. '
(DAF)TAX AREA ----....., (AAA)PARC~L NO .
RANGE I ,l~~A~o .
q2 I i1? ~
(HAil (HAB) TYPE
DEED DOC . FEE
WO 8.60
189
//JD h~
WO .23, Yd
CALCULATIONS
Aste1sed rtp;~~! Acreo9e
Value Percent
..3/50
380
.3'530
ACTUAL VALUE
tJ.E~JD
1oi180
l'lh~/J
\FJ~!.. O T ~E~CiMPS.
--
.,,_ !f ""]' =-·· -. •.1)1·,·{··· .
·'!•'f<.1:·~ •. ; .
·1 !J.J111 •;;1 =f 'rJ.j .
•1·i?H1 ·1· \ ... ·r.:i-
Landlord
Share
SUMMAR Y
TOTAL
/;J../80
If/;-?!)
Y i eld
LAND
3S'JO
/./2-l/D
----
•
10 Ytor Expense Cop . Rote A va. Price
·•
AS S ESSED VAL U E
IMPS . OTHER IMPS . TOTAL
-~ S-3 0
--t.J 2l/O
'
AGRICULTURAL PROPERTY APPRAISAL RECORD 1 0~ ...
-z.1ott-,.o
o: 5 2127-344-00-141 I ~v""""'"" : 10410 Tax Area 021 TWP 5 Range 9 2 Sec 34
1
V. Sec SE Parcel# ·c
Property Address 5181 2 3 3 Road Neighborhood Code q -'!~-
Book & Page
Owner's Name City/State
or I Type
Sales Date I Clerk's No. Deed I Doc . Fee
SGS Map No.
5-92 .
5eC":°34 NWSE, SWSE (Net 36.51 Ac.)
Ly~nq West of the following Oesc.
Line1 Beg. At the SE Cor. ot Sec.
341 thence S.89'53 '00" W. 1349.79'1
th~nce N.OJ'l5'09"W. 321.05' 1 thence!
N. 07'04'10" w. 213 .48'1 thence N.
36' 31 ' 44 ° W. 101. 40' I th.i:J'C8' N. 09-'""
OS'l7"!1 •• .l06138'l "tfierice N.02'04' I
·2!f" E: 351.14'; thence N.03'03'15' I
E. 144 .66'1 thence N.11'06'17" E.
156 .41 1 1 thence s.e?•J6'04" r..
To the West Line of the E~ SE
Total1 76.51 Ac.
t>\•"•r••
IRRIGATED GRAZING
CLASS CODE YIELD TONS ACRES
ILB 411742 4
lllB 411722 3 .5
IVA 411792 2.75 /. 5,
IVD 411702 2
IVE 411762 1.5
Total Acres All Classes 7(. .c;"1
ACTUAL VALUE
Year Land I mos Other Total
'/,/ I f>.J ;J..O fl v ::Z""v ;1 1 '(o
°'..., ~</Iv <,.O 7<;0 t;1 ,;Iv c.", 2 'ii 0
~x "1,L{/(} /c?O I 1c> L/ ?,o ;y 107 ?O tJ
r~:.j ';..:.;<:°"J,;'M ••• ~·-. ~",";'::·f'f : ~ ~... .-~ ........ §.1t""\.1r:t rrF ' . i· ii i i.. ·: .. ·~-· ..... -.~~·.,.-
·"'·'·"' .... , ... ·{::":~:.:\· ' ,, ' ' ·• ""''
CLASS
VIB
vc
VIC
VID
VID
VIII
VllC
Waste
ASSESSED
Land
I
I
392/133;
548/515
LAND CLASSIFICATION
MEADOW HAY
972;
CODE Animal Unit ACRES CLASS CODE YIELD
414701
414712
414702
414713
414703
414705
414716
416700
I mos
. ·.'.. i'.~;:i!:1(~' .
. !:•:i ..l11J't'';,,:.
;,:-;i-,fJ:1 i1}ir .. ·.
I.-,i r :.~1 :~: 1:: t
25
30
35
40
45
60
70
80
Other
(,/. 0 VH 413701 .75
VG 413702 .5
DRY FARM
CLASS CODE YIELD/BY
IVB 412701 22
IVB 412702 15
SUMMARY OF VALUE
Total
ACTUAL VALUE
Year Land Imps
.. •• --····., ··---···"'l::rr.·:r:i:..,..·-. . ~~1 i4 ./;:~t : !tr '
· ·~::~~.I~~ fi 1i !: 1 ,-!:1 ·:~ ;rt ~ ,, f, ,' 1, ~j • !
11 ,, ·~ -· .
ACRES
!'I 0
ACRES
Other
OTHER AG
CODE ACRES
418005
418004
418010
418008
418009 • 418007
ASSESSED
Total Land Imps Other . Total
• I I ' '
·······················-----------~~---""".'7'.".":--::_'.'.°.'.°'. .. ~.~.-=--::=::::;= .. = .. =·-~-;-~ · •• -o.v. ""'' ..,u;::,1 l"LUMl:llNu TYPE NO UN IT .• COS
1-('J//t -nva, /-C.f-"'~ !;'"' 7 1 1/;i. cooKTOP BASE COMP I
',WAi.ltCON STRUCm.QN~ L TY{' A SQ .FT.AREA UNIT COST TOTAL C OST FOUND ATI O N WALL OVEN 3 FIXTURE BATH
FIRST ·FLOOR F M ·-·· •,.., "'"'~~ !o./'?'1 0 $ CONCRT. BLOCK DROP-IN·RGE/OV 3/4 BATH •
ABOVE FIRST FLOOR F M "' • ••. .,.di 0 $ STONE BRICK HOOD (STD) 2 FIXTURE BATH f
1/2 STORY/FINISH, ATIIC F M l ,\ilf~ ~~ ~~'f 0 $ PIERS MUD SILL HOOD (CUS·STR) LAVATORY
BASEMENTUNFINISHED /$,/ .. ,,.,, "t'Tll./r ";;Jo D $ HOOD(CUS ·CON) TOILET
BASEMENT FINISHED 0 $ EXTERIOR WALLS ELTRN . OVEN BATH TUB
TOT AL BASE COST $ WO. SID . T·111 ELECTRIC BBQ ROMAN TUB
ADJUSTED BASE COST $ FR .STUC BAK .VEN DOUBLE OVEN STALL SHOWER
APP LIANCES AND MEC HANIC A L .. /:. , ",..,•::· "<" ·-,J,, .i,~)l~Y\!,,:!t_:;r.(<oft~~~~1 $ STONE BLK.STUC CENTRAL VAC ST SHWR WI DA
BRK/BRK MASON INTER. (AM-FM) KITCHEN SINK
CARPORT F M P F [l $ $ LOG ALUM.SID . INTER . (AM) WATER HEATER
V•N'fj -INTER . (REM ·STA) LAUNDRY TRAY
WINDOWS SMOOTH CK . TOP DISPOSAL
GARAGE F M A D B WOOD ALUM SELF·CLN OVEN DISHWASHER
PORCHES .; ·i~;.•·,,,:,,~'.,H'.·~;,,, ~<f;' . .;• .! .~·•<'"Ii· ··:'.9l•~.!;·'ff.,~!'°~'."l.;\'t)!"Jt{f.(;.i~~~~~ t TRASH CO MP . RI. 3 FI X BATH
COVERED (OPEN) PORCHES @ [JJ $ $ ROOF TYPE SEP . STACK
WOOD BALCONIES @ FLAT SHED ;;;\• HEATING SO . FT . UNIT SLID TUB EN CL. -
ENCLOSED PORCHES @ GABLE :-HIP FORCED AIR &A t, 1 '{<;"1 WATER SOFT
TERRACE {PATIO) Q) GAMBREL RIDGE FR . GRAVITY SAUNA
WOOD DECK GV HOT WTR ./S TM BIDET
BUILDING PERMITS •,<;;"-{~OTHER ITEMS #~. 1-',TYPE;) QUALIT'f,, ~~ INTERIOR FINISH BSMT HOT WTR .
nArE s AM O NT REA FIREPLACE UNFINISH PLAST ELECTRIC
!O ·l~· 9-ls i,7t1,111v ji? J?; ~ddi I YARD IMPS DRYWALL 1:: WALL BD WUFLR FURN . ECTRN AIR CL.
___ s HOT TUB EX. LOG PANEL A.C. (IN HT . DCTS) HUMIDIFIER
s SAUNA A.C. (IN OWN DCTS) EL. WALL HT 1oo wm
---s WOOD STOVE ..,,---FLOORS & FLOORING EVAP . COOLER EL. WALL HT ,..,wm
SOLAR HEAT CARPET _ VINYL -::;:_ RADIANT HEAT AT. FAN W/TIM
SOFT WD HARD WD THAU -WALL NC
REMARKS CEA TILE HD TILE APPLIANCES & MECHANICAL TOTAL$
°t -'l'7 /"/,'( /.,, ~/' ,,.,.._,!It.ref /',. ,,,,,.,._.;'1 '~ v('-' I O -t ,',.£) /!!cf?~~ . • ..
...,...., (,, s .,,.; II l., !/,,..., 1" ' 1../ 11 ,..,.( ,_ ,1,,.,.,, .,,., {' •'....., ,0 !,./,.I-;-q ,,.,.; ",, .51 ROOF COVERING . . . . . . . . . . ..
51...,o( ('v('1~/L ,' .... ,, /(e,a/ ... c,.if? pl('/1'4·'.7,... t,~~ /VI',_,. ,,.,.,,.,,c ASPSHING RLCOMP . . . : : . . . . . . . ...
,,,,,,,.,,./ ;.,·,,/',_., .·· ;..;,,,., ... r-,...;.,_ 4.,.,.., ~-.. ~-/--rs/. PROPANL SPANTILE "ll . . . . . . : : ..
e ([. ~ ll /rJ I q <;j V'. Ov-f 6,/t.f., <, • -..a o o?~ -.£';,. '~ t; 4.~/e , CEDAR SH BUILT UP . . ... ' •
/ilJl,' .. /\/f,~f.OA l.t:i'f"o,. 7f?e;-.. J/,"....,~ //f~I'! /'7ch,../-; CRMETAL SLATE JI . . , ..... .,.
h,J /11>t;t' f'o.., "t~lfc.'._c, 4 ;i; ~.,,/$, ,,</o, 11'95'1' P-,l/-,,. T-LOCKS • lb. . : . . ...
1-/o.,,.,1 v,,lwt.. .o,;J "'"' It?.?;. h4 '9~. / ·0 · . . . ~1 ·
YEAR BUILT 1'tl'f ~: • . ..
DEPRECIATION ·@· · · · · · ·
1-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~--+~~~~~-+--+-~~~--1
YEAR ADD/REM I "t ~ <;' . . . . . . ) 0 . . . . . ' .
!-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-+~~~~~-+--+-~~~~
NORM % GOOD · · · · · · ·
1-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-+-CO-M~P.-F-O_R_A_G_E-+--+-~~~~ . : , . • : . .ri . . : : : . ,
FUNCT .OBS ... . . . . . . .
ECON . OBS
1-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-+-N_O_RM~%_G_O_O~D-+--+-x~~~~ . • , . . • . . • .
• : ·' ~ 1. . .
I ; :s,:.·,~
~''.,',. i if..,., ) ·r.-1-i " .... ,' r: ..
·::.
. :,!j; !• ,,,.'\; ,.\\,/•
·:i ;\i.:'.
·""l f l · 'I ,' ,.
. i !'!t"lt'
':· ~: '.'.;;1;;:::: .
t·11j ,1.i;,l1;1·;, ..
'' j :-1 ,,,.i•l11!"11f'· • . lh ·'\:1.1: I "
''!'1•·.' ':
TOTAL R.C.N.D , $ . . . . ..
. 1-;--r l":-
.• ':f1.r, .. t:~+
·:"' I ~' {l ~''" .:!~,:1:~r!i;·
.,,1.1u1 I·'""
. {,J: ·i i '.'1 :··.~IJ :!
•
.-;-
I
ri
I ADDRE SS
CITY OR
TOWN
OWN E R S N A M E ANO ADDR E SS:
\-111\ lu rin
LE GAL OE SCRI PTl0N .._,)
-
Bu ilding
Grode Number
<::.,f\c~ rn
--·vv1"f r 1 r n.~ F
...,,,,\,~ f1 )
_:I . I f l)
l'nvll 1=
\ <""Y1 n \ "' rn
n rPn --h ·r-1 f()
Ovn n nv 11 F
-.._) ....__)
-j 11)('\ =;\' l,..cr\,<
' -
I
i------r
Bu i ldin9 Perm i t
1----------·
Foundolion Wolls
I I r-4
C nrY' .. rn
l M ,,HJ
,, rl
r "I.'° )yy-;v,.--l
~ -in rr---i 11A--l
(\" I \( 111->
' I
I
l
!
!
I
I
i I
I
I i--
Dote
. f ! ,4 . d 11 ,ii 'i 1 1~!·1 : .. ~· j' .1r:.1 ,.·
)'\.1111 ·1;'· .
_·H:£~.-.. ~-··~., .. ~,.,~_, " -·---"'--.... --·-.;....;_·::...;_::.:.::.....·
f "" ,i i .:1r·11, .. :~r : .. ·,.;.J ;l,;1•,l'·l'.::i :
. ';·; f ,, !1 t~l ~· !· '.: 1 ..
· ~:!!'.ic::':_: ... '.'
' )'.,,;;:::;:..;:I , .... <~ ;~,'.~'.
::.;·)'·i :;·1 ,:.jiL·t\I"~
.:. ... !~~.i.~Jli:i :.:-: --~~'-"l~· .. ·. :> ... -~ ....... --·--~ :..:;:~-...... ;.."::?""~------·..::.;. . .-.~--
SUPPLEMENTAL RECORD CARD
PA RCEL NUMBER
INDEX .
SUB -DI V ISI ON OR A DDITI ON
I
S E CT I O N
I
TOWNSH I P
I
R ANGE BLOC K
I
LOT
I
M ISCE L LANEOUS BUILDING RECORD
Roof/ Roofing Floan Siu Hci9hl Area Unit Cost R. C. N. C"oodil ion .,. % Good R. C. L 0 .
/\ """ A1 vi-x DX\ll ( l IB -:J O s o
/\ rn ci'1v+-~ ;;;? lj "' -:ft. \() {--/); r/l &P o
/\ url r\1 v-t-x 10 X L5 h l."YJ :::l.f'\ so
I rn r\ iv-\-m v \ . .Fi . -/\ '('() c4.1v+ ~ '?:/) 'x'LJ I) In l LJJ n ':Jn ~ t;' ()
I I•) ~i v+ v 1 L 'X l.j l ) )/:1 hJ~ ;;)() I r?O
I i 1) rl iv+-X · ll.J\()/ 0 3™ ,. 2n _r;-n
/\ rn ti rl )(" ;;i L/ v~I .... '6' ?i hl/ :J{) -:1..Ji-D
~
/.,\ n l/ /''t.:'57)
( .Y -
(L( 7,J-c::; t"\ ~ f}V ,V,
I ACTUAL VA L UE • I 19 19
' Buildin9
I
-
I
I I I
I I I
I I
I
I
I
I
I
I
Volut
~
: f 1 I
-·VJ .
0 ~ er <.
u .
u. .
o .
0 . er <.
u .
w .
..J c:·
u ·
V>.
:1
. :j
·~ ~
~
j
·I
·1 . :i
·l
·I ..
:1
· j
:1 :, ·1 .
.....
~ .,...
e-
~
"' \
J
·-,
\J'\
"""" I
\.n
N
I .
I .
I .
!
1:
, .
I. I.
I 1·
1 •
I
I
!
' I .
'
f
I
•
;5-it$
-. . ...
i ' l ·'-..
! .
~y·:~ .~· . .. ·-.-"."'· ..
I r
;O
C --_A
·.· /2J'r
i /
-;.:_./ e=====l ,_=== 3 ?
.\l.:Joo
..::;::;:;:..
--· . \\
II ,,
II
II
II
II
586 5
~)
\
• .;; ;i
' -C --A --
/
I
)
--1
I
I
;O
C --.A
. II
/ ·-;J·
.1
I
i:io'·I ,,
;;oi .•
/
-., ,,
586S
.. (
.~=
-L
I
I • !
~· ... : .. -.. ;_:.
-~~ 1: ... !
f~:··o:._,
...... ¥.... .
:-;;·-":
i.;.' .•
t.i,,.;..
t:: ~· .
~'. -~·~:· ...
~·-~~
~:..-·.
;:--·
.~.
IN THE UNITED STATES DISTRICT COURT
FOH THI: Dl STRICT OF COLOR.Jl.DO
LYNN R. HIL.T. and
M_llXIN".t.: HILL,
v.
Plaintiffs,
UNITED STATES OF 7\j·1EiUCA I
Defendc_nt .
CIVIL NO . C-725
THIS 1-~l\'I'TER c o ming on .:or hearing upon tfie st}:pula-..
tion of the parties , and the Court being fully advised,
FINDS:
1. That th i .s Court has jurisdiction of the aubjec:t
matter and the p<1rtjes to this action .
2 . That this action v1as coil1r.1enced hy plaintiffs
against ';:he Uni tcd States pur s u a nt to the pr. ov is ions of. 43
U.S .C . §§ 945-. '.J ",5'1 <ind 9~Si::, Cor 1<1nds utilized in
with and da::i<!sed by the c o ns~r ,.:c t ion of t:he Silt Pump C.anal,
Silt Project of the Co l or2do ~ivcr Storage Project Act.
.-.·
3. That plaintiffs and tl1e United States have enterJ:
ea into a stipulation with resp~ct to the amount of jus~ com-
pensation a!1d severance ck~nt19es to be av:arded plaintiffs, whic~.,~
stipulation is ~~tc~ A?ril 7, !~69 2ncl inc0rporated
this r~ feren ·:-e.
It is tl1~re fore, ORDERED, J'.DJUDGED
l. That the fair and just co:npens2tj on
I lanes, to<Jcth::-r with scvcr<ince d<::r.1a .ges,
£or the lltili~
£01: the pur-
zatiun of
. ,
',Ir
·----------------~~~~~~~~----..-----1~~"1!'
Cl
LLJ > w
lJ..J a.:::
~.7_ ... ,._
:l·~·'-.· ·_:.~~-~~~
~:~~~;·:.
:·~;-
I··· •.;··.:
::: .·
S• '· ~ .. '
• •
pose aforesaid is the total sum of $9,525.00, which is
as follows,
Value of part taken
Severance damages
$2, 89.5 .00
6,G30.00
$9,523.00
of which sum the sum of $2,200.00 has heretofore been paid
defendant to plaintiffs, and that the sum of $7,325.00
to be paid to plaintiffs.
2. That following entry of th i s Judgment
shall pay into the registry of this Court th~ sum of
3. Upon deposit by de f endant of the sum of $7. 325c'i:
in the registry of this Court, the Clerk of this
disburse said sum to plaintiffs.
' ENTERED this!£~..Y~ day of May. , 1969.
BY ' .... 'HE COURT:
•· tnr uudrnngntu:l, Clerk of tb•
n 11.cd !l&t.M Dutrlct Court fer the
.)i~tri~l o1 Color1l<io, cl.e .,..,rt:if7 that
·hr foregoing la a l'n.le oupy of &Jl
.riieinal doC"umt-nl rt·maioing on tlla
'"d ncord in my otfiee.
WITNESS my hand !EAL °'f said
uurt lbl9L'.'C..dlly o L t ' / Y ' .-1'
G. WALT sow'MA?::i. C;er.
/'
B~....::"""'-=..;....=.-,--._i.:·::/.!., ~:<.>.Ji %.rt ·"'·-
-2-
~ "· ' .,.. =-~ r D t:.i'• : :::..;· .. ::..
m ~
N
c:::>
u
w.J
Cl
Cl
uJ > Q
(.)
uJ o:z
• ;. . !' .. ~ . ~
'
--Sta. 285+660 '.00 ,. !(\.<,,.-RO W Boun~~_ry. ,/ •,,
~i--:-------
\
,130 Lo0~0gh . Estate
\
,\ /c H 111, . Lynn
.\ \ \~ -E. Silt Pump Canal
\'\ ~·~ \\~ ~~~a
. ~~
Property Boundary-.,......
~ --~ -~ ~ l_ __ ..J--:---:---=::::::.:---
... ,.. ...
Total R .O.W. 7 ., Ac'll
. l ' t' :
-----::..J-r_::.__ ---------:-
--r ------1iS
VflllTED STATES
DEPARTMENT Of: THE INTERIOlf
BUREAU OF RECl...AMATION
.:;j L 1 1 · :.·!J [.(.'j . COLC .
..
/
en en
OJ ...--
"" <::) ..
w
lL.J
c:::::i
) 0 t ·.:. w >
w
(.)
LU a:::
STUVER & GEORGE, P.C~
AITORNEYS AT LAW
TRANSMITTAL LETTER
IDATE:
TO:
October 1, 1999
Garfield County Planning Department
109 8th Street
Glenwood Springs, CO 81601
I AM SENDING YOU:
Copy of letter from
Court Pleadings:
x Three copies of letter from Stuver
Protection District dated Sep tember
recorded in Book
recorded in Bo ok
recorded in Book
THESE ARE SENT TO YOU:
For your records
For your review and comment
For your approval , endorsement and return to me
For filing in your office
RE:
& George,
30, 1999.
• 120 West Third Street
P.O. Box 907
Rifle, Colorado 81650-0907
Telephone 970 I 625-1887
Fax 970 I 625-4448
C.R. Commercial P r o p erties
Subdivision Exemption Request
P.C. to Burning Mountain Fire
at Page County records
at Pag e County records
at Page County records
x Please supplement C.R. Commerc i al Properties Subdivision Exemption Request with the
REMARKS: enclosed.
' -L cl 'L!J OCT a 411 1 •
T HOMAS W . STUVER
RUSSELL GEORGE
MELODY D . MASSIH
DANIEL D . LEMOINE
•
STUVER & GEORGE, P.C.
ATTORNEYS AT LAW
120 WEST THIRD STREET
P. 0. BOX 907
RIFLE , COLORADO 81650
September 30, 19 99
BURNING MOUNTAIN FIRE PROTECTION DISRTICT
6 11 Main Street
Silt , Colorado 81 6 52
•
T E L EP HO NE 9 7 0 - 6 25-1887
FA X 9 70 -625-4448
RE: C.R COMMERCIAL PROPERTIES SUBDIVISION EXEMPTION REQUEST
Enclosed is a copy of a proposed Petition for Exemption, with accompanying exemption plat and
v1cm1ty map. Would you please provide your written statement concerning av ailabilit y of fire
protection services and any safety conc erns to the undersig ned and to the Garfield County Planning
Department at your earliest convenience .
Thank you for your anticipated cooperation . Should you need any additional informat ion , please do
not hesitate to contact my office .
Very truly yours,
STUVER & GEORGE , P .C.
(j).._ffe .
Thomas W Stuver
Daniel D . LeMoine
Enclosures
THOMAS W. STUVER
RUSSELL GEORGE
MELODY D . MASSIH
DANIEL 0 . LEMOINE
•
STUVER & GEORGE, P.C.
ATTORNEYS AT LAW
120 WEST THIRD STREET
P. 0. BOX 907
RIFLE, COLORADO 81650
September 30, 1999
BURNING MOUNT A.IN FIRE PROTECTION DISRTICT
611 Main Street
Silt , Colorado 81652
•
TELEPHONE 970 -62S -1887
FAX 970 -625 -4448
RE: C.R COMMERCIAL PROPERTIES SUBDIVISION EXEMPTION REQUEST
Enclosed is a copy of a proposed Petition for Exemption, with accompanying exemption plat and
v1cm1ty map. Would you please provide your written statement concerning availability of fire
protection services and any safety concerns to the undersigned and to the Garfield County Planning
Department at your earliest convenience .
Thank you for your anticipated cooperation. Should you need any additional informat ion, please do
not hesitate to contact my office.
Very truly yo urs ,
STUVER & GEORGE, P .C.
W~f(i)
Thomas W Stuver
Daniel D . LeMoine
Enclosures
THOMAS W . STUVER
RUSSELL GEORGE
MELODY D . MASSIH
DANIEL D . LEMOINE
•
STUVER Be GEORGE, P.C.
ATTORNEYS AT LAW
120 WEST THIRD STREET
P. 0 . BOX 907
RIFLE, COLORADO 81650
September 30, 1999
BURNING MOUNTAIN FIRE PROTECTION DISRTICT
611 Main Street
Silt , Colorado 81652
•
TELEPH ONE 970 -625-1887
FAX 970 -625-4448
RE: C.R. COMMERCIAL PROPERTIES SUBDIVISION EXEMPTION REQUEST
Enclosed is a copy of a proposed Petition for Exemption, with accompanying exemption plat and
v1cm1ty map. Would you please provide your written statement concerning availability of fire
protection services and any safety concerns to the undersigned and to the Garfield County Planning
Department at your earliest convenience.
Thank you for your anticipated cooperation. Should you need any additional information, please do
not hesitate to contact my office .
Very truly yours,
STUVER & GEORGE, P .C.
OJ~-
Thomas W _ Stuver
Daniel D . LeMoine
Enclosures
-l
4
".!
@
e
!
MAY 2 7 1369
IN TI.IE UIiITED STATDS DISTRICT COURT
T'OII l']ID DISTi1ICT OF COLORF'DO
unr,ro [,"1.]E
ott.
Dgnver,
[.,!/ri' 2 C
G. 1YALTER
LYNN R
I't.FXINE
Hfl-r- and
HILL,
)
)
)
)
)
)
)
)
)
)
)
Pl. a int if f s,crvIr, No. c-725
r__u_p_s_l{-E---N-!v-
UNI'[ED STATES OF }.i'1E;iICA,
De fendant
THIS I:A?TER. cciming on ior hearing upon tlie stlpu1a-
tion of ttre parties, and the court being fui-Iy advised'
FINDS:
I. That thjs Court has jurisdiction of ttre subject
matter and ttre perr t i e s to th j's act ion ' ;
-.2.TI-rat;-hj-sactiotrr.rascomr.encedbyplaintjffs
against r--he Un11gfl $i-;rtes Pursuan-' to the provisions of 43
U. S. C. SS 945- , g45a ar:d 9/=5b ' ior lzrnos utilized rn con::ec
withandda:aage.clbytheCons,;r;.:CtionofcheSiltPumpcanal
SiltProjectoftheColc:-'-:rloIi'rverStorageProjectAct'
3. That PlaiDt:f f s ancl tl)e United States have en
tlo
t
;g11;| il
edintoaStipulatiolruithrespecttotheamountofjusf.com-
pensation and severcaDC€ ('lclroi'Iges to be av,'arcled plaintiffs, wh
st ip',r 1a t ion is .:'a Eci I',p:iI 7 , L9'39 ani incc'r::crat'ed herein
t]-is re feren':e -
It is tl)ere f ore, oRDERED, .F-DJUDGED and
I Th,t t. thc fa 1r and j Llst co.nPel:sat on for tho
':.
lii
C5';(51
G:,
c...
tttiIl- :
:: ' '1.':
zat:-on of 1c-rllcls, togcther with scvcrance annt".j"a, for
€::.
(-J,,
I
(:^'1
r-
L.t i:
fi'
L
tJ.&
"j
the pur-
oo
pose aforesaid ls the total surn of 99,525'O0' r"'hich Ls
3s follol.rs,
.I
I
a1
Value of part ta)'-en
Severance damages
Erld
Clcrl
UNITED STAfES DISTR
$2,895.OO
6,530.O0
$9, 525 .0O
of which sum the sum of $2,2OO-OO has heretcfore ]reen pa{d by'r
defenclant to Plaintiffs,and that the sum of $7,325.00 rema
Ito be paid to Plaintiffs-
2. T'l:at following entry of thi-s Judgment def
strall pay into the registry of this court the sum of $7,;325
3. Upon deposit by defendant of the sum of $7,3
in tbe registry of this Court, the Clerk of this
d j-sburse said sum to Plaintif f s -
ENTERED thi ,{d3#:-Cay of May , 1969.
BY '.'HE COURT:
Court
to
i
r= I.,t -?- = =-' =
;-)
l:: l'. ; ;- i t-:d <
c;.i ;ii= D:CiiEi'
:....i l, U 136E
G.TER DC'."i,i
t. rar uDdenr.S!.d, clcrl of Bot
nrErl Stetr Oirtrtit Court lor tbe
,rirtr{dt of Colondo, & artilT Lbal
'hc lorcgoina b I truc cogY of u
.riginrl docunrnt n'mriniog on lllr
rnd rrcoid ia nry o{fie.
WITNESS my
,u* thi/(-iby
G. WALT BO
SEAL
-2-
EY
}
,: "
: tta : '
285+66.0 -A
..'o'or,
\
-- R.0.W Boundory,Qq ,o.
oac
Lough Estote
% Hiil t Lyn n
- E Sitt Rtmp Conol
Properly Eoundory-
\_
R
253+7t.O
UN'T€D STATEI,
DS?AATMENf OF trag tttie PrOQ
AUAEAU OF PECLA"AT'ON
a
colc.
,.I
si L 1 ,' .t. .' 1 i'C?
-!Il :-.-'.: siidil, t r-r.aD - - ;
10eo- ----;-
',.,,
?otol R.O.li. 7.L lc.rr
M-Bm"Ti
I
e.t )\'-
r.",
(-.
(-l
L_.
c.:
LIti,
ffi(j
UJg
STUVER & GEORGE, P.P l2O West Third Street
_ p.O. Box 907Rifle, Colorado 8165O-0907
Telephone 97O / 625-lgg7
Fax 97O / 625-4448
o
ATTORNEYS AT IAW
TRANSMITTAL LETTER
DATE October I 1999
TO Garfield County planning Department109 8th Street
Glenwood Springs, CO 9160I
! AM SENDING YOU:
RE:
C.R. Commercial properties
Subdivision Exemption Request
x
THESE ARE SENT TO YOU:
x
REMARKS:osed.
of letter from
Court Pleadings:
Three copies of letter from Stuver & Ge , P.C. to Burning Mountain Fire
Protection District dated er 30, 1999.
recorded in Book at Page County records
recorded in Book at Page County records
recorded in Book at Page County records
ur recordsFor
For review and comment
For your approval, endorsement and return to me
For filing in your office
Please t C.R. Commercial on Request with theies Subdivision Exempti
Very truly yours,
s
ie1
By:
DDL:mrh
1ne
lir- u,--i r,r,; [ii 0 4 flffi
o o
THOMAS W, STUVER
RUSSELL GEORGE
MELODY O. MASSIH
DANIEL D. LEMOINE
sTuvER & cEoRGE, P.C
ATTORNEYS AT LAW
I20 WEST THIRD STREET
P. O. BOX 907
R|FLE, coLORl\Do 8t650
September 30, lggg
TELEPHONE 970 _ 625-raa7
FAX 970 _ 625_444A
RE: C.R COMMERCIAL PROPERTES SUBDTWSION E*EMPTION REQUEST
Enclosed is a copy of a proposed Petition for Exemption, with accompanying exemption plat andvicinity map' Would yo, pl"ur" provide yor, *ritt", .,u,"."nt concerning availability of fireprotection services and any safety conc..n, to the undersigned and to the carnlta county planningDepartment at your earliest convenience.
Thank you for your anticipated cooperation. Should you need any additional information, please donot hesitate to contact my office.
BURNING MOLTNTATN FIRE PROTECTION DISRTICT
611 Main Street
Silt, Colorado 81652
Very truly yours,
STUVER & GEORGE, P.C
\
Thomas W. Stuver
Daniel D. LeMoine
Enclosures
o t
THOM,AS W. STUVER
RUSSELL GEORGE
MELOOY O. MASSIH
DANIEL D. LEMOINE
STUVER & GEORGE, P.C.
ATTORNEYS AT LAW
t20 WEST THIRD STREET
P. O. BOX 907
R!FLE, COLORADO at650
September 30, 1999
TELEPHoNE 97O - 625-tBa7
FAX 970 - 625_444A
RE: C.R COMMERCIAL PROPERTIES SUBDTISIoN ExEMPTIoN REQUEST
Enclosed is a copy of a proposed Petition for Exemption, with accompanying exemption plat andvicinity map' would you please provide you w.iite, ,,ur"rn.rt concerning availability of fireprotection services and any safety .on"".n, to the undersigned and to the carnlta county planningDepartment at your earliest convenience.
Thank you for your anticipated cooperation. should you need any additional information, please donot hesitate to contact my office.
BURNING MOTINTA]N FIRE PROTECTION DISRTICT
611 Main Street
Silt, Colorado 81652
Very truly yours,
STUVER & GEORGE, P.C
\
Thomas W. Stuver
Daniel D. LeMoine
Enclosures
oI
THOMAS W. STUVER
RUSSELL GEORGE
MELODY D. MASSIH
DANIEL D. LEMOINE
STUVER & GEORGE, P.C.ATTORNEYS AT LA\,v
I20 WEST THIRD STREET
P. O. BOX 907
RtFLE, COLORADO 8t650
September 30, l9g9
TELEPHoNE 97O - 625-taA7
FAX 970 _ 625-444A
BI.IRNING MOTINTAIN FIRE PROTECTION DISRTICT
611 Main Street
Silt, Colorado 81652
RE: C.R COMMERCIAL PROPERTmS SUBDTvISION ExEMPTIoN REQUSST
Enclosed is a copy of a proposed Petition for Exemption, with accompanying exemption plat andvicinity map' would you please provide your wriiten ,,ur"-"rt concerning availability of fireprotection services and any safety concerns to the undersigned and to the carfiia county planningDepartment at your earliest convenience.
Thank you for your anticipated cooperation. should you need any additional information, please donot hesitate to contact my office.
Very truly yours,
STUVER & GEORGE, P.C
\
Thomas W. Stuver
Daniel D. LeMoine
Enclosures