The URL can be used to link to this page

Home My WebLink About3.0 Satisfaction of Conditions1 • BRANNAN PROPERTIES, INC. 214 8TH STREET, STE 300 GLENWOOD SPRINGS, CO. 81601 (970) 945-2823 November 22, 1996 Mr. Mark Bean Garfield County Planning Department 109 Eighth Street Glenwood Springs, Co. 81601 NOV '2 2, 1996 GARI=iceLL v_`OIN!Ty Re: Brannan Subdivision Exemption No. 1 Dear Mark: Enclosed are the following items required for final approval of this subdivision: 1) Final Plat 2) Results of well test performed by Samuelson Pump Co. 3) Driveway permits (2) ea. from Garfield County Road and Bridge Dept. 4) Letter from Donald L. Zordell Chief, Burning Mountain Fire Protection District 5) Results of water quality testing done by Grand Junction Laboratories 6) Well Sharing Agreement 7) $600.00 School Impact Fee I believe this completes the requirements of the Garfield County Planning Department. Sincerely, BRANNAN PROPERTIES, INC. cc: John Schenk • • SAMUELSON PUMP CO. INC. P.O. BOX 297 WATER SYSTEMS GLENWOOD SPRINGS SALES, SERVICE & INSTALLATION COLORADO 81602 945-6309 May 26, 1996 Faye Faas 214 8th St. Suite 300 Glenwood Springs, Co. 81601 Attn; Faye On 4/4/96 a 24 hour well test was conducted on a well serving a residence by Garfield Creek. The following information was obtained; Well Depth 70'-0" Casing size (top) 7"(steel) Standing water level 22'-8 1/2" Max. drawdown @ 8.6 gpm 29'-10" Production is greater than 8.6 gpm This test was conducted with the existing pump and related equipment. The pump is a 3/4 lip. Goulds submersible Model "iOEJ. The well recovered back to 23'-8" in 90 min. This recovery and the drawdown would indicate a total production much greater than the pumping rate of 8.6 gpm. This well could provide wa-er for three homes. We would recomend storage. This well will produce more than 12,384 gal per day. If you have any questions please call me Raun Samuelson at 945-6309. Sincerely; Raun Samuelson • • -- District: III Road: 335 Permit #: 047-96 D GARFIELD COUNTY APPLICATION F O R DRIVEWAY PERMIT Application Date 08-07-1996 I, FAAS, FAYE (herein called "Applicant"), hereby requests permission and authority from the Board of County Commissioners to construct a driveway approach(es) on the right-of-way of Garfield County Road Number 335 , adjacent to Applicant's property located on the SOUTH side of the road, a distance of 00 mile(s) from 4041 CO RD 335 for the purpose of obtaining access to PRIVATE RESIDENCE Applicant submits herewith for the consideration and approval of the Board of County Commissioners, a sketch of the proposed instal- lation showing all necessary specification detail including (1) front- age of lot along road, (2) 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) distance from driveway to road intersection, if any, (6) size and shape of area separating driveways if more than one approach, and (7) setback distance of building(s) and other" structures or improvements. GENERAL PROVISIONS FIRST: The Applicant represents al]. parties in interest, and affirms tt'et the driveway approach(es) is to be constructed by him for the bona fide purpose of securing access to his property and riot for the purpose of doing business or servicing vehicles on the road right -of --way. SECOND: The Applicant shall furnish all labor and materials, perform all work, and pay all costs 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 date. THIRD: The type of construction srici.J.1 he as designated _nC/o' approved by the Board of County Commi.ssi.oner..s or the1r, representative, and all materials used shall be of satisfactory quality andL j.''t to ini pec- .;Ut:i ;C, tion and approval of the Board of County Commissioners s or_ their.. representative. FOURTH: The traveling public: shall be protected during the instal- lation with proper warning signs and signals and the Board of County Commissioners and their duly appointed agents end employees shall be held harmless against any action for personal injury or property damage d by reason of t h e r n r: i i,; 1 ..e of t h e Permit. ~ • FIFTH: The Applicant shall assume responsibility for the removal or clearance of snow, ice or sleet upon any portion of the driveway ap- proach(es) even though deposited on the driveway(s) in the course of the County snow removal operations. SIXTH: In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the entrance shall be securely braced before the fence is cut to prevent any slacking of the remain- ing fence, and all posts and wire removed shall be turned over to the District 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 the Board of County Commissioners. EIGHTH: Provisions and specifications outlined herein shall apply on all 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. SPECIAL CONDITIONS RESPONSIBLE FOR TWO YEARS FROM DATE OF COMPLETION GRAVEL 50 FT FROM COUNTY R -0-W GRAVEL 50 YDS WEST OF CO RD 312 NO CULVERT In signing this application and Upon receiving authorization and permission to install the driveway approach(es) described herein the Applicant slQDiflas that he has read, understands and accepts the foregoing provisions and conditions and agrees to construct the drive- way(s) in a000rdanc(, with the accompanying specification plan reviewed and approved by the Board of County Commissioner � 4itness: Signe c_�� > (Signature of Applicant) (Address) (Telephone Number) ERMIT GRANTED THIS DAY OF 19- . SUBJECT TO THE ROVISIONS. SPECIFICATIO, AND CONDITONS STIF/ LATED HEREIN. For Board of County Commissioners of Garfield County, Colorado BY: // • • 1 District: III 1 I Road: 335 1 1 Permit #: 046-96 D 1 GARFIELD COUNTY APPLICATION F O R DRIVEWAY PERMIT Application Date 08-07-1996 I, FAAS, FAYE (herein called "Applicant"), hereby requests permission and authority from the Board of County Commissioners to construct driveway approach(es) on the right-of-way of Garfield County Road Number 335 adjacent to Applicants property located on the NORTH side of the road, a distance of 00 mile(s) from 4039 CO RD 335 for the purpose of obtaining access to PRIVATE RESIDENCE Applicant submits herewith for the consideration and approval of the Board of County Commissioners, a sketch of the proposed instal- lation showing all necessary specification detail including (1) front- age of lot along road, (2) 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) distance from driveway to road intersection, if any, (6) size and shape of area separating driveways if more than one approach, and (7) setback distance of building(s) and other structures or improvements. GENERAL P F; ) V I i 0 I`d a FIRST: T h CuJJ L 1 , c 1 i represents _J1parties 1 rinterest, ca rl ..,i affirms that the driveway approach(es) is to be constructed by him for t;Ie bona fide purpose of securing access to his property and not for the purpose of doing business or servicing vehicles on the road right-of-way. SECOND: The Applicant shall furnish all labor and materials, perform t. construction of the all work• , a n i'i rl a. y cs l .1 costs i it connection h the w 1 _ co driveway(s) and its ap;)r)IJrtenances on the right--of-way. All work shall be completed ...� ..� y.._ .. " t , t-; t._ date. E: 4 within ... I l �`' _e i 111 1 � . R. r l. The „ -.designated r. ;:: r,l n,. 1. r,i- ii'f. construction Ile:r li�L'I .rir)l 1. ! ( .'sI bfoved by the Boarq county toi1L : : l _ e : of their reweentative, and 611 l materials 1,`lshall be T satisfactoi,, quality and subject t: in t Ion and .spot- ova ) or I:ilt' t',(!cil Ei 1 illll) v L.c)Irlllll 1i. f, :'i 1 Ic l t ir'.pr E::':. E'nt:"a t. I. i',,. FOURTH.: The tioveling public shall he protected r'•E:'r". din 1'tt the F( l Ir.;!:.].i_�rl with proper warning signs �(Irs.t':". and Ili:' ;,, 1. ,.•iJrl! ;` (?f(] s?J irC1,and their duly appointed itlCagents and i)r,, oye• nail held harmles: - g-aI:_t any action fcn1 ional ltii' damage -'t.l -T :f i Il (1 ... ,, i i::% , .i..jl !7 the of the I . f • 411 'FIFTH: The Applicant shall assume responsibility for the removal or clearance of snow, ice or sleet upon any portion of the driveway ap- proach(es) even though deposited on the driveway(s) in the course of the County snow removal operations. SIXTH: In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the entrance shall be securely braced before the fence is cut to prevent any slacking of the remain- ing fence, and all posts and wire removed shall be turned over to the District 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 the Board of County Commissioners. EIGHTH: Provisions and specifications outlined herein shall apply ori all 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. SPECIAL CONDITIONS RESPONSIBLE FOR TWO YEARS FROM DATE OF COMPLETION GRAVEL. 50' FROM COUNTY R -O -W GRAVEL 20 YDS EAST OF CO RD 312 NO CULVERT In signing this application and upon receiv`I.ii(7 authorization and ?errni ssion to install the driveway approach(es) described herein the Applicant signifies that he has read, understands and accepts the foregoing provisions and conditions and agrees to construct the drive- way(s) i accordance with the accompanying specification plan reviewed and approved by the Board of County Commissioner-- I fine s: Signed 1 ana tare of i„pp1 I can `.. ) (Address) (Telephone Ni.linbi ) H r 1 T( GRANTED T T D rY OF -- , :UBjEEC1 10 THE � +S1, c, cPfCI1_tiTT�' .AND CONDITIONS ;T.1U1 ^ EU HEREIN. • F i? r” Board of County Commisioners of t C; x r 1 c_ l `.. 7 BY .� • • Burning Mountains Fire Protection District Box 236 Silt, CO 81652 Board Ross Talbott - Chairman Joe Montover Norm Brown Tom Voight Gordon Witzke Don Zordel - Chief Stu Cerise - Assist. Chief September 28, 1996 SUBJELT: EXEMPTION TO WHOM it MAY CONCERN: This is to inform you that the property at 4039 County Road 335 is within the Ekµrning Mountains Fite Protection Distictand we do provide fire to same. lank You: Donald L. Zordel Burning Mountains Received from: • • JOHN C. KEPHART & CO. GRAND JUNCTION LAOATORI[S 435 NORTH AVENUE • PHONE 242-7618 • GRAND JUNCTION, COLORADO 81501 ANALYTICAL REPORT Faye Faas 945 214 8th St Glenwood Springs, CO 81601 2918 water Customer No Laboratory No Sample 10/16/96 10/29/96 Date Received Date Reported Sample Total Cali -form Bacteria 2918 4039 -- 335 Rd New Castle, CO 2 919 7550 - 312 Rd New Castle, CO 0 colonies/100ml 0 colonies/100m1 NOTE: These samples are considered "safe" for drinking, :according to Colorado Dept. of Health guidelines. Water- must have 1 ess than one __ colony coliform bacteria tobe considered .�::fe. Director: E' . Bauer-. JOHN C. KEPHART & CO. GRAND JUNCTION liffE111.76018RE. 435 NORTH AVENUE • GRAND JUNCTION, COLORADO 81501 ANALYTICAL REPORT Faye Faas 945 214 8th St Glenwood Springs, CO 81601 3076 water 0usWmamn c"momuoymu Sample 11/13/96 11/20/96 Date Received Date Reported Sample 3076 3077 3078 245 Rd. 335 Rd. 312 Rd. 2026 V44039 7550 Nitrate(N) 0.25 mg/1 0.78 mg/1 0.54 mg/1 NOTE: This sample would be considered "safe" for drinking, according to Colorado Dept. of Health guidelines. Water must have less than one colony coliform bacteria to be considered "safe." Director: B. Bauer 1 • • DECLARATION OF WELL -SHARING AGREEMENT THIS DECLARATION OF WELL -SHARING AGREEMENT is made and entered this day of December, 1996, by BRANNAN PROPERTIES, INC. (hereinafter "Declarant"), WITNESSETH: WHEREAS, Declarant is the owner of certain real property in Garfield County, Colorado, and has received the approval of Garfield County to create from the Property three lots to be known as Parcel Nos. 1, 2 and 3, as depicted on the Subdivision Exemption Plat recorded on , 1996, as Reception No. in the records of the Clerk and Recorder of Garfield County, Colorado (hereinafter the "Exemption Plat") ; and WHEREAS, said Parcels are more particularly described as: PARCEL 1 A TRACT OF LAND SITUATED IN THE SE'/a OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE SIXTH P.M., COUNTY OF GARFIELD, STATE OF COLORADO, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY RIGHT OF WAY OF COUNTY ROAD #335 AS DESCRIBED IN DOCUMENT RECORDED IN BOOK 422 AT PAGE 581 OF THE RECORDS OF SAID COUNTY, FROM WHICH THE SOUTH 1/ CORNER OF SAID SECTION 4 BEARS S.00°25'28"W. 990.66 FEET, SAID SOUTH 'A CORNER BEING A STONE MONUMENT FOUND IN PLACE; THEN ALONG SAID NORTHERLY RIGHT OF WAY AS DESCRIBED IN SAID DOCUMENT THE FOLLOWING FOUR (4) COURSES: 1) S.57°37'53"E. 189.92 FEET; 2) S.57°54'03"E. 163.93 FEET; 3) S.65°33'46"E. 77.57 FEET; 4) S. 81°20'28"E. 37.40 FEET TO THE CENTERLINE/FLOWLINE OF GARFIELD CREEK AS LOCATED BY SURVEY IN MARCH 1996; THEN ALONG SAID CENTERLINE/FLOWLINE THE FOLLOWING TEN (10) COURSES: 1) N.41 °36' 11 "W. 36.89 FEET; 2) N.33 °44'01 "E. 38.58 FEET; 3) N.04°09'08"E. 120.86 FEET; 4) N.37 °37'21 "W. 59.52 FEET; 5) N.53°01'03"W. 112.55 FEET; 6) N.04°08'25"W. 103.68 FEET; 7) N.27 °39'01 "W. 144.80 FEET; 8) N.37 ° 14'02"W. 94.06 FEET; 9) N.76°53'17"W. 94.81 FEET; H JRS F.k, hR,,EVT1 ASA 1 • • 10) N.51 °09'26"W. 84.69 FEET; THEN S.00°27'23"E. 449.74 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 3.48 ACRES OR 151,716 SQUARE FEET AS DESCRIBED. PARCEL 2 A TRACT OF LAND SITUATED IN THE SE 1% OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE SIXTH P.M., COUNTY OF GARFIELD, STATE OF COLORADO, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY RIGHT OF WAY OF COUNTY ROAD #335 AS DESCRIBED IN DOCUMENT RECORDED IN BOOK 422 AT PAGE 581 OF THE RECORDS OF SAID COUNTY, FROM WHICH THE SOUTH 1A CORNER OF SAID SECTION 4 BEARS S.33°21'52"W. 1246.07 FEET, SAID SOUTH 1/ CORNER BEING A STONE MONUMENT FOUND IN PLACE; THEN ALONG SAID NORTHERLY RIGHT OF WAY AS DESCRIBED IN SAID DOCUMENT THE FOLLOWING SIX (6) COURSES: 1) S.71 °34'24"W. 39.27 FEET; 2) S . 59 ° 34' 57 "W . 63.54 FEET; 3) S . 20 ° 52' 05 "W . 89.61 FEET; 4) S.21 ° 13'01 "W. 77.73 FEET; 5) S.55 °06'04"W. 134.74 FEET; 6) N.81 °20'28"W. 8.56 FEET TO THE CENTERLINE/FLOWLINE OF GARFIELD CREEK AS LOCATED BY SURVEY IN MARCH 1996; THEN ALONG SAID CENTERLINE/FLOWLINE THE FOLLOWING TEN (10) COURSES: 1) N.41 °36' I 1 "W. 36.89 FEET; 2) N.33°44'01"E. 38.58 FEET; 3) N.04°09'08"E. 120.86 FEET; 4) N.37°37'21 "W. 59.52 FEET; 5) N.53°01'03"W. 112.55 FEET; 6) N.04°08'25"W. 103.68 FEET; 7) N.27°39'01"W. 144.80 FEET; 8) N.37° 14'02"W. 94.06 FEET; 9) N.76°53'17"W. 94.81 FEET; 10) N.51 °09'26"W. 84.69 FEET; THEN N.00°27'23 "W. 554.24 FEET TO THE CENTERLINE OF THE COLORADO RIVER AS DESCRIBED IN SAID DOCUMENT; THEN ALONG SAID CENTERLINE S.61 °26'03 "E. 517.99 FEET; THEN DEPARTING SAID CENTERLINE S.00°00'00"W. 351.47 FEET; THEN S.33°04'23"E. 423.32 FEET TO THE POINT OF BEGINNING. I'. IkS'. FA.AS,I111ANIATI. WSA 2 • • SAID TRACT OF LAND CONTAINS 8.56 ACRES OR 372,662 SQUARE FEET AS DESCRIBED. PARCEL 3 A TRACT OF LAND SITUATED IN THE SE'% OF SECTION 4, TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE SIXTH P.M., COUNTY OF GARFIELD, STATE OF COLORADO, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY RIGHT OF WAY OF COUNTY ROAD #335 AS DESCRIBED IN DOCUMENT RECORDED IN BOOK 422 AT PAGE 581 OF THE RECORDS OF SAID COUNTY, FROM WHICH THE SOUTH '/a CORNER OF SAID SECTION 4 BEARS S.33°21'52"W. 1246.07 FEET, SAID SOUTH '/a CORNER BEING A STONE MONUMENT FOUND IN PLACE; THEN ALONG SAID NORTHERLY RIGHT OF WAY AS DESCRIBED IN SAID DOCUMENT N.71 °34'24"E. 14.73 FEET AND N.74°26'44"E. 628.33 FEET; THEN N.01 °02'59"E. 424.10 FEET TO THE CENTERLINE OF THE COLORADO RIVER AS DESCRIBED IN SAID DOCUMENT; THEN ALONG SAID CENTERLINE THE FOLLOWING FOUR (4) COURSES: 1) S.75°15'23"W. 192.81 FEET; 2) S.85°30'56"W. 255.78 FEET; 3) N.67°39'34"W. 394.62 FEET; 4) N.61 '26'03"W. 58.76 FEET; THEN DEPARTING SAID CENTERLINE S.00°00'00"W. 351.47 FEET; THEN S.33°04'23"E. 423.32 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 9.23 ACRES OR 402,034 SQUARE FEET AS DESCRIBED. WHEREAS, a water well (hereinafter "Well") has been constructed on Parcel No. 2, pursuant to Colorado Division of Water Resources Approval No. 020285 -RF; and WHEREAS, the Well may provide up to 15 gallons per minute of water to be shared by parcel Nos. 1, 2 and 3 for ordinary household purposes, fire protection, the watering of poultry, domestic animals and livestock, and for the irrigation of not over one acre of homes, gardens and lawns. NOW, THEREFORE, Declarant hereby makes, declares, and establishes the following covenants, conditions, restrictions, and easements (the "Agreement") concerning the future ownership, maintenance, operation, repair, replacement, and use of the Well and appurtenant facilities, and related matters. From this day forward, the Parcels shall be held. sold and conveyed subject to this Agreement. IP. VMS.]BRANIX1-1 SiS.1 3 • • 1. Ownership of Appurtenant Facilities. The owners of Parcel Nos. 1, 2 and 3 shall each own an undivided one-third interest in and to the Well, pump, a common water storage tank of not less than 3,000 gallons in capacity, meters, and associated facilities for the withdrawal of and storage of water from the Well. In lieu of a common water storage tank, a majority of the owners may agree in writing to the use of individual water storage tanks on each parcel, which tanks shall each be a minimum of 1,000 gallons in capacity. The owner of Parcel No. 2 shall be the sole owner of the pipeline necessary to deliver the water from the Well to any residence located on Parcel No. 2. The owner of Parcel No. 1 shall be the sole owner of the pipeline from the aforesaid point of divergence to any residence located on Parcel No. 1. The owner of Parcel No. 3 shall be the sole owner of the pipeline from the aforesaid point of divergence to any residence located on Parcel No. 3. 2. Easements. Subject to a reservation for the benefit of other owners of Parcels, Declarant and shall convey to each buyer of a Parcel the nonexclusive easements as shown on the Exemption Plat for the installation, operation and maintenance of a water pipeline for the benefit of the respective owners of Parcel Nos. 1, 2 and 3. Should any owner desire a more specific legal description of the alignment of the pipeline and easement, such owner may, at such owner's sole cost and expense, survey the pipeline alignment, and the owners agree to execute any necessary quit claim deeds in order to accomplish such purpose. 3. Operation, Maintenance and Repair Costs. Operation, maintenance and repair costs associated with the Well, the pump, meter, common water storage tank (if any) and associated facilities for the withdrawal and use of water from the Well shall be shared equally among the owners of Parcel Nos. 1, 2 and 3. The owners of Parcel Nos. 1, 2 and 3 shall be solely responsible for the costs of maintenance, operation, repair, and replacement of any facilities used solely by that owner, including individual service lines. The owners agree to cooperate in any maintenance, operation, repair, replacement, or improvement of common facilities. In the event the owners are unable to agree upon any required maintenance, repair, replacement, or improvement, any owner shall be entitled to undertake the minimal maintenance, repair, replacement or improvement necessary and essential for proper functioning of the common facilities. In the event a owner determines to undertake such work unilaterally, such owner shall notify the other owners in writing. The owner undertaking the work shall upon completion provide the other owners with a written statement of the work performed and the other owner's proportionate share of the costs of same. 4. Operational Costs. Each owner shall install at such owner's own expense a meter on such owner's individual service line to measure water use. The monthly cost of power to operate the Well shall be divided among the owners of Parcel Nos 1, 2 and 3 in proportion to the amount of water each owner used during the preceding month. 5. Payment of Common Expenses. The owner of Parcel No. 2 shall be responsible for collection each owners' share of common expenses. Each owner shall pay such owner's proportionate share of common expenses within 30 days from the date a statement of expenses is presented for payment. In the event a owner fails to pay such owner's share within 30 days of presentment, interest on the unpaid amount shall accrue at twelve percent (12%) per annum, beginning 30 days after presentment. In the event a owner fails to pay any amounts due with interest thereon, within 60 days from the date of presentment for payment, the owner which has II. JRS`FAAS i1RANEATI.N'SA 4 • paid such costs and expenses snail be entitled to pursue any remedy available at iaw or in equity for a breach of this Agreement. 6. Use of Water. Each owner shall be entitled to use such owner's undivided one- third interest in the water right for any use authorized by the well permit. Irrigation use shall be limited to no more the 14,520 square feet of lawn and garden on each Parcel. 7. Waste. No owner shall waste water, and each owner shall exercise prudence and conservation in the use of water in order to allow for the efficient and beneficial use of the Well. Unless otherwise agreed to among the owners of Parcel Nos. 1, 2 and 3, no owner shall use more than one-third of the water physically available at the Well. 8. Fees. Each owner shall also bear such owner's own attorneys' fees incurred in the implementation of this Agreement. However, in the event litigation is necessary to enforce the rights of the owners hereto, as between themselves, the prevailing owner in such litigation shall be entitled to reasonable attorneys' fees and costs of suit actually incurred. 9. Binding Effect: Covenant to Run with Land. This Agreement shall inure to the benefit of and be binding upon the respective owners, their heirs, devisees, executors, administrators, assignees, transferees, and successors in interest. Upon execution by the Declarant, this Agreement shall be recorded in the records of the Garfield County Clerk and Recorder's Office, and shall run with the lands upon which the Well is used. IN WITNESS WHEREOF the Declarant has executed this Declaration on the day and year first written above. STATE OF COLORADO ) COUNTY OF GARFIELD ) ss. Acknowledged, subscribed, by /-aye Fac as BRANNAN PROPERTIES, NoJew �L and sworn to before me this • o`, "1 day of December; 1996, of Brannan Properties, Inc. WITNESS my hand and official seal. My Commission expires: ?i `4 / / ❑.VIM..FAAS BRsNIxn.Wsn 5 C' L / /Q-c-fha Notary Public C