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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com RECEIVEI) JUN 3 0 2011 GARFIELD COUNTY M1ER- (ci 13 BUILDING & PLANNING jffi MINOR [2 LOT] EXEMPTION 0 MAJOR [4 LOT] EXEMPTION 0 FINAL EXEMPTION PLAT AMENDMENT GENERAL INFORMATION (Please print legibly) • Name of Property Owner: ftdna LINO( • Mailing Address: 1441 Ctt. 1fl Telephone: (a7O) $'Yb 0214 > City: SIL:r State: CLQ Zip Code: 81 5Q Cell: ('P0 )' &3 &273 > E-mail address: Pion et r `unif.,md ram, . us FAX: ( ) > Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc): > > Mailing Address: Telephone: ( > City: State: Zip Code: Cell: ( • E-mail address: FAX: ( ) > Street Address / General Location of Property: I 4.611 ca. 231 Si it-, Lo 81152 > Assessor's Parcel Number: 2 1 2 1 - 15 2- Q 0- - 012_5 > Size of Property (in acres) as of January 1, 1973: 10 • S2. t Current Size of Property to be Subdivided (in acres): I b .32. t- > Number of Tracts / Lots Created Including remainder of Parent Property: •2 Proposed size of Tracts / Lots to be Created Including remainder of Parent Property: o Lot #: 1 containing 7 + acres o Lot #: 2, containing a t acres o Lot #: containing acres o Lot #: containing acres o Lot #: containing acres > Property's Zone District: j. Q.l'L;? Last Revised 12/12/08 I. TO QUALIFY FOR A MINOR EXEMPTION Division of land by which no more than two (2) parcels, i.e. one (1) new parcel and the remainder parcel, will be split from any parcel that was described in the records of the Garfield County Clerk and Recorder's Office as of January 1, 1973, regardless of size, as long as the resulting parcels meet the minimum lot size for the underlying zone district. The proposed Minor Exemption shall satisfy the criteria in Section 5-407, General County Exemption Criteria, and shall require recording of a Minor Exemption Plat, describing each Exemption Lot by a metes and bounds legal description and as a numbered or lettered "Exemption Lot". II. TO QUALIFY FOR A MAJOR EXEMPTION iDivisiorrof land, j3y which no more than four (4) parcels,,,.i.e. the remainder parcel and not more than three (3) new parcels will be split from a parcel of land that was deseribed in the records of the Garfield County Clerk and Recorder's Office as of January 1, 1973 as a parcel of land 35,acrgssor more in sizeand not part of a recorded subdivision. In addition' to the. geherdl' exemption 'ciitbria, contained in Section 5-407, the proposed Major Exemption shall require recording of a Major Exemption Plat, describing each Exemption Lot by a metes and bounds legal description and as a numbered or lettered "Exemption Lot". For purposes of the definition of Minor and Major Exemptions: 1) All tracts of land thirty five (35) acres or greater in size created after January 1, 1973 pursuant to C.R.S. 30-28-101(10)(b), i.e. divisions of land creating parcels each of which comprises thirty-five (35) acres or more and none of which is intended for use by multiple owners, shall be considered parcels of land created ..by e)emption for purposes' pffurther division in accordance with the exemption review processes outlined in Division 4 and, thus, shall be counted as one of the not more than four (4) Exemption Lots allowed to be split by the Major or Minor Exemption"pr'ocess; unless; -; ' • 2) If the parcel of land under consideration, or part thereof, is split by a public right- of-way or a County 'toad :right-of-way included in the County highway system, and the location of the public or County right-of-way prevents joint use of one or more of the proposed Exemption Lots, then the division of land may include a split into no more than five (5) parcels, i.e. no more than four (4) new parcels and the remainder parcel in a Major Exemption and no more than three (3) parcels, i.e. no more than two (2) new parcels and the remainder parcel, in a Minor Exemption. III. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, an application for a Major Exemption shall specifically provide the following items below pursuant to Article V, Sections 5-406 and 5-501. Vv./ 430 1. Submit a completed and signed Application Form, an application fee, and a MMigned Agreement for Payment form. 2. A narrative addressing criteria in this application and explaining the purpose of the application. .r i rM 3. Copy of the deed showing ownership. Additionally, submit a letter from the property owner(s) if the owner is being represented by another party other than the owner. If the property is owned by a corporate entity (such as an LLC, LLLP, etc.) Please submit a copy of recorded "Statement of Authority" demonstrating that the person signing the application has the authority to act in that capacity for the entity. ✓✓✓ 6. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing the subject property and all public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, private and public, and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the County Assessor's Office. You will also need the names (if applicable) of all mineral interest owners of the subject property, identified in the County Clerk and Recorder's records in accordance with §24-65.5-101, et seq. (That information may be found in your title policy under Exceptions to Title). Vicinity map: An 8 % x 11 vicinity map locating the parcel in the County. The vicinity map shall clearly show the boundaries of the subject property and all property within a 3 -mile radius of the subject property. The map shall be at a minimum scale of 1"=2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area for which a copy of U.S.G.S. quadrangle map may be used. A copy of the Pre -Application Conference form from the original Pre - Application Conference. 7. Provide a Minor / Major Exemption Plat that is scaled at 1 inch to 200 feet for properties exceeding 160 acres in size, or 1 inch to 100 feet for properties less than 160 acres in size. The Director may require a more detailed version of all or part of the exemption map or plat. The required details for an Exemption Map or Plat can be found in Section 5-502(C)(7) of the ULUR. All requests for Minor and Major Exemptions shall be required to demonstrate that they can meet the following criteria: a) Adequate Water Supply. The resulting Exemption Lots have a sufficient legal and physical source of water, in compliance with the requirements of this Land Use Code set forth in Section 7-104 of Article VII, Standards. b) Adequate Water Distribution and Wastewater Disposal System. The resulting Exemption Lots have an adequate water distribution system and wastewater disposal system in compliance the requirements of this Land Use Code set forth in Section 7-105 of Article VII, Standards. `\(111') c) Adequate Access. The resulting Exemption Lots have legal and adequate 5re q/ access in compliance with the requirements of this Land Use Code set vjA ,,sfi V� ✓ forth in Section 7-107 of Article VII, Standards. 0‘'4.1.41/it. yid) Hazards. The resulting Exemption Lots do not create hazards identified in Section 7-209 and Section 7-210 of Article VII, or exacerbate existing hazards. /e) Compliance with Comprehensive Plan and Intergovernmental Agreements. The proposed exemption is consistent with applicable provisions of the Garfield County Comprehensive Plan and any intergovernmental agreements between the County and a municipality that apply to the area where the division of land will occur. /f) Exemption Map Requirements. See the specific requirements for Exemption Plats at Section 5-502 B6 and B7. The following general criteria also apply: ✓g) 1. Suitability of Plat for Recordation. The exemption map or plat is drawn ' in accordance with the requirements of these Regulations and is suitable for recordation. 2. Adequacy of Supporting Materials. The exemption plat meets all planning, engineering, and surveying requirements of these Regulations for maps, data, surveys, analyses, studies, reports, plans, designs, documents, and other supporting materials. 3. Liens and Encumbrances. The exemption plat does not include a lien, conveyance, or encumbrance to the property dividing a lot or encumbering the public use of public dedications for roadways public utility easements or other purposes. Taxes. All taxes applicable to the land have been paid. 9. Submit 3)opies of this completed application and all the required submittal • materials to the Building and Planning Department. Staff will request additional copies once the application has been deemed technically complete. IV. PROCEDURAL REQUIREMENTS Minor and Major Exemptions are reviewed in an Administrative Process. The following steps outline how the Major Exemption review process works in Garfield County as further defined in Article IV, Section 4-104 of the Unified Land Use Resolution of 2008. 1. Pre -Application Conference. A pre -application conference shall be held in accordance with the provisions of Section 4-103 A, Pre -Application Conference. 2. Application. The application materials required for a land use change subject to Administrative Review are set forth in Section 4-601 A. 3. Determination of Completeness. The Director shall review the application for determination of completeness in accordance with the provisions of Section 4- 103 C, Determination of Completeness. 4. Evaluation by Director/Staff Review. Upon determination of completeness, the Director shall review the application for compliance with the applicable requirements. A staff report shall be prepared pursuant to Section 4-103 E. a) Review by Referral Agencies. The Director's evaluation of the application may include comment by referral agencies received under Section 4-103 D, Review by Referral Agency. b) Notice to Adjacent Property Owners. The applicant shall mail a written notice by certified mail, return receipt requested, to the owners of record of all property adjacent to the property within a 200' radius and the mineral owners of record in the office of the County Clerk and Recorder.. The notice shall include a vicinity map, the property's legal description, a short narrative describing the current zoning and proposed land use change, and the contact information and the date that the Director has to make a decision and notice of the 10 day period after the Director's decision to appeal the decision and the deadline for comments to be submitted. The comment period for adjacent property owners shall be within twenty-one (21) calendar days from the date of receipt of the notice established by return receipt. 5. Director Decision. Within thirty (30) working days of the date of determination of completeness, or close of the comment period if the application is referred for comment, the Director may approve, approve with conditions or deny the land use change application subject to Administrative Review. The Director's decision shall be based upon compliance of the proposed use with the approval standards set forth in Divisions 1 and 2 of Article VII, Standards. a) Approval of Application. If the application satisfies all of the applicable standards, the application shall be approved. The application may be approved with conditions determined necessary for compliance with applicable standards. Once it has been approved, the applicant shall prepare the necessary legal documents to be placed on the consent agenda for the signature of the Chairman of the Board of County Commissioners and shall be duly recorded by the Clerk and Recorder after signature. b) Denial of Application. If the application fails to satisfy all of the applicable standards, the application shall be denied. 6. Written Notice of Decision. The Director shall inform the applicant and noticed property owners of the approval, conditions of approval or basis for denial in writing within five (5) working days of the date of decision. Notice of the Director's decision shall also be provided to the Board of County Commissioners. V. AMENDMENTS TO APPROVED EXEMPTIONS An amendment may be made to a recorded Final Exemption Plat if such amendment does not increase the number of subdivision lots or result in a major relocation of a road or add one or more new roads (pursuant to Section 5-306). A correction can be made to a recorded Exemption Plat in order to correct an engineering error, mislabeling issue, etc. that does not affect the substance of the plat. A. Outline of Processes. The review processes for amending an Exemption Plat shall consist of the following: 1. Four (4) Lots or Less: The Administrative Review Process, detailed in Section 4- 104 of Article IV, shall be used for review of a request to amend an Exemption Plat for modifying lot lines, building envelopes, easement locations or other interests affecting up to four (4) lots. An Amended Exemption Plat which modifies lot lines or easements affecting not more than two (2) adjacent Exemption Lots or a single building envelope shall be subject to the Administrative Review Process set forth in Section 4-104 of Article IV, with the addition of presentation of the Amended Exemption Plat to the Board of County Commissioners for signature, prior to recording with the Office of the Clerk and Recorder. 2. More Than Four (4) Lots: The Major Exemption Review Process, detailed in Section 5-403, shall be used to amend an Exemption Plat modifying lot lines, building envelopes, easement locations or other interests affecting more than four (4) Exemption Lots. An Amended Final Exemption Plat which modifies lot lines or easements affecting more than four (4) lots or more than one (1) building envelope shall be subject to the Major Exemption Review Process set forth in Section 5-403. 6 B. Application Materials: The Final Exemption Plat Amendment / Corrected Plat review requires the following application materials as more fully described in Article V, Section 5-502: 1. Application Form and Fee 2. Preliminary Plan (5-501(G)) 3. Final Exemption Plat, Amended Final Exemption Plat 4. Subdivision Improvement Agreement, if necessary I have read the`s\tatem is above and have provided the required attached information which is correct alnd acct ate to the best of my knowledge. (Signature of Pr 7 Date GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include a Payment Agreement Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES TYPE OF LAND USE ACTION Vacating Public Roads & Rights -of -Way Sketch Plan Preliminary Plan / Conservation Subdivision Preliminary Plan Amendment Final Plat Final Plat Amendment / Correction Plat • Combined Preliminary Plan and Final Plat -p Minor Exemption / Amendment Major Exemption / Amendment Rural Land Development Option Exemption / Amendment General Administrative Permit Floodplain Development Permit Pipeline Development Plan / Amendment Small Temporary Employee Housing Minor Temporary Employee Housing Limited Impact Review / Amendment Major Impact Review / Amendment Rezoning: Text Amendment Rezoning: Zone District Amendment Planned Unit Development (PUD) / Amendment Comprehensive Plan Amendment Variance Interpretation Takings Determination Planning Staff Hourly Rate • Planning Director • Senior Planner • Planning Technician • Secretary BASE FEE $400 $325 $675 + application agency review fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey $325 $200 $100 $1,075 $300 / $300 $400 / $300 $400/$300 $250 $400 $400 / $300 $50 $250 $400/$300 $525 / $400 $300 $450 $5001$300 $450 $250 $250 NO FEE $50.50 $40.50 $33.75 $30.00 County Surveyor Review Fee (includes review of Amended Determined by Surveyor$ Plats, Final Plats, Exemption Plats) Mylar Recording Fee $11 _ 1St page $10 each additional page Page 2 The following guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. Page 3 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and !J/7'Jd Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for 41//0( _Cf,tfid/.43/0j V 1pt'fQn (hereinafter, THE PROJECT). 2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. OWNER and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to OWNER. OWNER agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. Y OWNER (OR AUTHORIZED REPRESENTATIVE) Pri9A bLULI j� Print Name Mailing Address: /44/ Cyt 7.R 7 f l-0 BfFi%i Date Page 4 STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of a (corporation, limited liability company, general• partnership, registered limited liability partnership, 'regisered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity, other than an individual, capable of holding title to real property (the "Entity"), and.states,as follows: The name of the Entity is and is formed under the laws of The mailing address for the Entity is The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows: (if no limitations, insert "None") Other matters concerning the manner in which the Entity deals with any interest in real property are: (if no other matter, leave this section blank) EXECUTED this day of , 20 Signature: Name(typed or printed: Title (if any): STATE OF )SS. COUNTY OF The foregoing instrument was acknowledged'before me this day of , 20 by , on behalf of a 05/09 Witness my hand and official seal. My commission expires: [SEAL] (Notary Public) GARFIELD COUNTY Building & Planning Department 108 8t„ Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212• Facsimile: 970.384.3470 www.garfield-countv.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER : 2127-253-00-065 DATE: March 31, 2011 OWNER: Fiona Lloyd 876-0268 fionaAjunperridgeranch.us PRACTICAL LOCATION: 1491 CR 237 South of Harvey Gap TYPE OF APPLICATION: Exemption I. GENERAL PROJECT DESCRIPTION Subject site is a 10 -acre rural -zoned parcel described as Parcel 1, Peach Valley Orchard, a land division map recorded in 1909. Site currently contains a single family home, a permitted Accessory Dwelling Unit (ADU) and accessory agricultural structures. The two units currently share an exempt well (and have a West Divide contract), a septic system and a driveway. Applicant seeks to divide the parcel so each unit would exist on its own lot — they would continue to share the well, however a new septic and a separate driveway are requested. The parcel appears to qualify for a minor exemption (two lots maximum) — applicant must document that parcel was created prior to 1/1/1973. Applicant is planning to complete a Boundary Line Adjustment Affidavit prior to submitting the application for Exemption. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Garfield County Comprehensive Plan > Garfield County Unified Land Use Resolution Sections Article IV -- Common Procedures Article V — Subdivision Exemption, Minor Article VII -- Standards, particularly Divisions 1, 2, 3, and 4 Submittal requirements are contained in Article IV and at 5-501 A. with description of requirements in 5-502. 01 REVIEW PROCESS a. Pre -application conference; • b. Submittal of 3 copies of the application and supporting materials; c. Planner is assigned and reviews for 'technical' completeness; d. Once complete the Director Determination date is set, notice is completed, and additional copies are requested to send to referral agencies; e. Director issues determination — notice is provided to the BOCC who has 14 -days to request a hearing; f. If no call-up to hearing is requested the plat and any related documentation can be finalized and the mylar signed by the Board of County Commissioner (no hearing, on consent agenda). a. Plat and documentation is recorded. Public Hearing(s): Referral Agencies: None — unless there is a "call-up" to the Board of County Commissioners Division of Water Resources, West Divide Water, Road & Bridge, Vegetation Management, School District, Fire District, Division of Wildlife, any other agency deemed necessary upon review of the application IV. APPLICATION REVIEW FEES Planning Review Fees: $300.00 Referral Agency Fees: $Engineering / Surveyor Total Deposit: $ (additional hours are billed at hourly rate) General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. 41( 1 Date PUBLIC NOTICE TAKE NOTICE that Fiona Lloyd and David Pegg have applied to the Director of Building and Planning, Garfield County, State of Colorado, to request an Administrative Permit for a Minor Exemption on a property situated in the County of Garfield, State of Colorado; to - wit: Legal Description: Lot 1, Peach Valley Orchard Subdivision Practical Description: North of the Town of Silt at 1491 CR 237 Request: Applicant is requesting division of a ±10 -acre parcel so that the existing single family home and Accessory Dwelling Unit (ADU) will exist on separate, individual, parcels of ±7 -acres and ±3 -acres. All persons affected by the proposed Administrative Permit for a Minor Exemption are invited to comment regarding the application. You may state your views by letter or you may call and speak with the assigned planner on the application. The Director will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to grant or deny the request. The application may be reviewed at the office of the Planning Department located at 108 8th Street, Suite 401, Garfield County Plaza Building, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. The Director will make a decision on this application on August 12, 2011. Any comments to be considered must be received prior to that date. 456'1 li 16-- '233 I \( 266 Subject Site 44 Silt Planning Department Garfield County z z TOPO! map printed on 04/07/11 from "Untitled.tpo" 1074700 W 10741'00' W 1074000" W WGS84 107390T W 39'34'00" N 5),---- „,---------...„. r -- r-- t - ki •,..c,,,,,,;:„*\ ,k."1 1\\\ \\1/4 '1,--"-4`,-..-it„,\N -......,....40 .. 3 Go0n Hwy 780—NZ LE UL • ;'• — 3 3341, s) 14 • - (.0 . /1 .7. • M ap creed withIg0392National Geo hid ,CF95 Tele Alias, Rei.y01915,c&mtv Hwy, 107'4700' W 107°4480" W 1074 00' W WGS84 10"3980" NATIONAL GEOGRAPHIC 5 MILES ;000,_ 1 1010MMAS M110-15 1480 1 7N MN 10' 04/07)11 Y 4 ` r WELL SHARING AGREEMENT THIS WELL SHARING AGREEMENT is made this day of October, 2011, by Fiona Lloyd and David Pegg the owners of the Property (referred to herein as "Owner"). WITNESSETH: WHEREAS, Owner owns the real property described as approximately (10) acres located in the SW '/a Section 25, T5S, R92W, 6th P.M. as more fully described on Exhibit A, attached hereto (the property) has been divided into two Lots called the Lloyd Minor Exemption described at Reception No. Garfield County Clerk and Recorder; and WHEREAS, the Lots are designated as Exemption Lots 1 and 2 (hereinafter Lot 1 and/ or Lot 2) ; and WHEREAS, one well (hereinafter "Well") located within the exemption to be used for the two lots and a sharing agreement is necessary; and NOW, THEREFORE, the parties hereby declare that the Property and Well are subject to the following restrictions, covenants and conditions. This Declaration shall run with and burden the land described in Exhibit A and referred to herein as the Lloyd Minor Exemption, and shall be binding upon all persons or entities having any right, title or interest in all or any portion of the Lots therein, including Owner, their successors, assigns, descendants, tenants, and heirs. 1. Well and Water Supply. Each Lot owner of the property shall be entitled to use the Well as specified herein, in the manner as allowed by the Well Permit as follows: Well Permit No. 64912-F, the well, pump and other facilities shall be owned by Exemption Lot 1 and may be used by Exemption Lot No 1 for up to 2 single family residences and out buildings on Lot 1. A copy of the well permit is attached hereto as Exhibit B. Lot 1 shall be allowed irrigation of 7,500 square feet of lawn and garden and the watering of domestic animals. Lot 2 shall have the right of use of Well (unless it drills its own well and then this right shall expire). The right of use of the well by Lot 1 shall be limited to 1 single family dwelling and 7500 square feet of lawn and garden only. The water may service one out building but such out building may include only 1 restroom. A West Divide Water Conservancy District (WDWCD) contract is in effect for the augmentation of this Well. The contract shall be maintained in the name of the Exemption Lot 1 Owner only. Exemption Lot 1 owner may increase the use of the Well (by getting an amended well permit and WDWCD contract) to add an additional residence and to add stock watering uses. 2. Water System Easements. As long as use of the Well continues by Lot 2, the owner of Lot 2 shall have an easement to access the Well and its pump house, storage tanks, pipelines, and other workings associated with the delivery of water to Lot 2 for reasonable Lloyd -Well Sharing Agreement Lloyd Minor Exemption Well Sharing Agreement Page 2 operation and maintenance purposes. Such easement shall be ten (10) feet in diameter surrounding the well, 5 feet from all sides of any storage tank and 10 feet, 5 feet either side of centerline of any and all pipelines as are installed and in place. This includes necessary underground area for the buried portions of all items. In the event that any gates, well houses, or other parts of the well, storage tank and pipelines and its appurtenances are locked for security purposes Lot 2 owner shall be provided with a key and shall not otherwise be restricted from access. The easements granted herein shall be for the benefit of Lot 2 only and shall expire if the use of the well expires by reason of the drilling and use of a new well by Lot 2. Lot 2 shall only have access to the well and waterline for operation, maintenance, repair, and replacement of the well, pump pipelines, storage tank and appurtenant facilities for the use of those facilities and shall not use this easement for any purpose unrelated thereto. No landscaping other than shallow rooted grasses, bushes and plants shall be placed in the easement by Lot 1 owner to avoid interference with the well and all buried facilities. Nothing herein shall be deemed to create a merger or terminate this easement should both Lots be owned in common and thereafter sold to separate persons. 3. Well Rights Appurtenant to the Property. No right of use or interest in the well shall be transferred apart from the Lots identified herein. All Lot Owners connected to the well shall each solely own pipelines and storage tanks and any other appurtenant facilities installed for their sole use. 4. Watering of Domestic Animals and irrigation limitations. Use of water for animals is allowed for Lot 1 only and in that case as per the WDWCD contract and well permit (as either or both may be amended) however such use shall be accomplished in a conservationist manner. If any stock tanks or watering troughs are used, such troughs shall be filled no more than four times per day and shall be heated if necessary for use in the wintertime. Irrigation of the land shall be accomplished as follows only: Lot 1: Monday, Wednesday and Friday from 9 p.m. until 6 a.m. and Lot 2: Tuesday, Thursday and Saturday from 9 p.m. until 6 a.m. The purpose is to preserve the pumping limitation of the well for domestic use. 5. Water Treatment. The Lot Owners shall be aware that well water is not subject to state water treatment regulations, and therefore use of water is at each Lot owner's individual risk. Any water treatment shall be at the sole discretion of each Lot Owner at their property. 6. Repair of Water System. In the event that any maintenance, repair, replacement or improvement is necessary to continue water service and cannot be agreed upon in a timely manner then either Lot Owner, if a user of the well, shall be entitled to undertake such maintenance, repair, replacement or improvement necessary and essential to allow continued water service. In the event that any Lot Owner decides to undertake any such work absent the consent of any other Lot owner, he/she shall notify the other Lot Owner immediately without delay in writing. The Lot Owner undertaking the work shall, upon completion, provide the other Lot Owner with a written statement of the work performed including all receipts for work performed and an allocation of each other lot owner's share of the costs. In the event that emergency repairs are required, before undertaking any such work each Lot Owner will attempt to contact the other Lot owner by phone prior to incurring any expenses for such repairs. Bills Lloyd -Well Sharing Agreement 2 Lloyd Minor Exemption Well Sharing Agreement Page 3 for emergency repairs shall be allocated among the Lot owners in the manner set forth below for payment of joint expenses. 7. In-house uses preferred; no waste. In-house use of water from the Well shall take precedence over use of water for irrigation. In the event of a shortage, both Lot owners shall cooperate and shall reduce their uses accordingly to conserve water. No Lot owner shall be entitled to waste water, and each Lot owner shall exercise prudence and conservation in the use of water in order to allow for the efficient and beneficial use of the Well. 8. Operation and Maintenance Expenses. The two Lot Owners served by the well shall each pay a pro -rata share of the costs of the West Divide Water Conservancy District Contract, well permit fees, water administration fees, maintenance, operation, electricity, repair, and replacement of the well, pump(s) and appurtenant facilities, common water lines and all other common water facilities. Such shall be divided according to the number of residences actually allowed by the permit and WDWCD contract. If there is only one residence per lot then the contract fee shall be divided equally for the domestic and irrigation use and Lot 1 shall pay the costs for any livestock. If Lot 1 has two residences then the contract fee will be divided with lot 1 paying 2/3rds and Lot 2 paying 1/3rd of the domestic and irrigation costs and lot 1 shall pay for the livestock portion. To the extent practicable, the use of electricity shall be monitored via a separate meter or an "hour meter" to be attached to the electrical line to the well pump. Such meter will allow records to be kept of electrical consumption each year. If any Lot is not hooked onto the Well, the owner(s) of such Lot shall not be obligated to contribute towards daily operational expenses, but shall be responsible for all repair and replacement costs. If any Lot is hooked onto the well but has not yet commenced service, no electricity costs shall be assessed against that Lot owner. In addition, each Lot Owner shall be exclusively responsible for the costs of installation, operation, repair or replacement of any facilities used solely by that Lot, including individual service lines and any individual storage tanks. If a separate hour meter is not connected to the well to measure the electricity usage then the amount of usage shall be estimated by the owner of Lot 1 and Lot 2 shall pay for the estimated cost of electricity estimating the monthly costs based upon the previous years electrical costs for the well. 9. Collection of Joint Expenses. The owner of Lot 1 shall levy and collect from the owner of Lot 2 his share of common expenses for the well, electricity, WDWCD contract, maintenance and repair expenses, or other common expenses. The owner of Lot 1 shall present for payment a statement of expenses with copies of all invoices for said expenses incurred to Lot 2 owner. In the event that the owner of Lot 2 fails to pay his share of common expenses within thirty (30) days of presentment of a statement, interest on the unpaid amount shall accrue at the rate of eighteen percent (1 8%) per annum, beginning thirty (30) days after presentment. In the event that the owner of Lot 2 fails to pay any amount due, including any accrued interest, within six months from the date of presentment for payment, water service to the delinquent Lot Owner may be discontinued. However, notice shall first be given to the non-compliant Lot Owner by certified mail sent no less than thirty (30) days prior to termination of service to the address set forth in the County Assessor's records of the delinquent Lot owner. Any Lot owner that has paid the delinquent Lot owner's share of costs and expenses shall be entitled to pursue any remedy available at law or in equity for a breach of this Agreement. Reasonable attorneys' fees and Lloyd -Well Sharing Agreement 3 Lloyd Minor Exemption Well Sharing Agreement Page 4 costs incurred by such Lot Owner in the process of collecting any amount due from any another Lot owner pursuant to the terms of this Declaration shall be paid by the delinquent Lot Owner. 10. Separate Well. Under the current law and interpretation thereof, Lot 2 may obtain a permit and drill its own well as long as it has its own WDWCD contract in effect. Lot 1 may at any time request that Lot 2 drill its own well and obtain its own WDWCD contract for its own use and after obtaining a contract, well permit and successful drilling of a separate well, Lot 2 shall disconnect from the Well on Lot 1 property and this Declaration shall become null and void. Any new well to service Lot 2 shall be no less than 100 horizontal feet from the location of Lot 1 well. Should the Owner of Lot 2 not be able to drill a new well due to legal or water availability constraints it shall be entitled to continue to use the Well. A new well shall be drilled within two years of written request by the owner of Lot 1 or at the time of purchase of Lot 2 by any new owner. 11. Amendment. This Declaration may not be modified, amended, rescinded, cancelled or terminated, in whole or in part, except upon the written consent of the Lot owners. Such consent shall not be unreasonably withheld by any owner and shall be set forth in a written instrument recorded in the office of the Clerk and Recorder for Garfield County, Colorado. 12. Term. Unless otherwise cancelled by Lot 2 after the owner disconnects from the Well and this agreement terminates in accordance with the terms of this Declaration and any amendments hereto, it shall remain in effect in perpetuity. 13. Validity The invalidation of any portion of this Declaration by judgment, court order or otherwise shall not affect the validity of any of the other provisions herein. 14. Headings The headings for the paragraphs herein are for reference only and are not part of, and shall not define, limit, amplify, change or alter any term, covenant or condition herein. For the purposes of this Declaration, the neuter gender includes the feminine or masculine, and the singular number includes the plural, and the word "person" includes a natural person as well as any legal and/or statutory entity. 15. Right to enforce No failure to enforce any right established in this Declaration shall be deemed a waiver of a subsequent enforcement of such right. This declaration shall be construed so as to give validity to all of its provisions. IN WITNESS WHEREOF, the undersigned Declarants have executed this Well Sharing Agreement on the date first written above. DAVID PEGG FIONA LLOYD By: By David Pegg Fiona Lloyd, Owner Lloyd -Well Sharing Agreement 4 Lloyd Minor Exemption Well Sharing Agreement Page 5 STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Acknowledged, subscribed, and sworn to before me this day of October, 2011, by Fiona Lloyd and david Pegg. WITNESS my hand and official seal. My Commission expires: Lloyd -Weil Sharing Agreement 5 Notary Public SHARED DRIVEWAY AGREEMENT This Agreement is made on (date), between (A. B.), of (address), (city), County, (state), and (C. D.), of (address), (city), County, (state). RECITALS A. is the owner of the premises at (address), (city), (state); more fully described as County, (insert legal description of property) and referred to below as (Parcel One). B. is the owner of the premises at (address), (city), County (state); more fully described as (insert legal description of property), immediately adjoining Parcel A, and referred to below as (Parcel B). C. That a driveway is partially located on each respective property and said driveway is used by the owners and guests of each respective property. D. The parties desire to settle all questions relating to the ownership and use of the driveway and all differences between them relating to said driveway. For the reasons set forth above, and in consideration of the mutual covenants and promises set forth in this agreement, the parties agree as follows: SECTION ONE The driveway shall be a shared access to both properties described above, and the parties shall have the right to use it jointly. SECTION TWO If it becomes necessary or desirable to repair or rebuild the whole or any part of the driveway, the repairing or rebuilding expense shall be borne equally by the parties, or by their heirs and assigns who shall at the time of the repair or rebuilding be using it, in proportion to the extent of their use. SECTION THREE The benefits and obligations of the covenants in this agreement shall run with the land described above so long as the driveway continues to exist, and shall bind the respective parties to this agreement, their heirs, legal representatives, and assigns. In witness whereof, the parties have executed this agreement at (designate place of execution) the day and year first above written. Signatures Subscribed and sworn to before me this day of 20 . Notary Public My commission expires: Signatures Subscribed and sworn to before me this day of 20 . Notary Public My commission expires: PO Box 2844 Glenwood Springs, CO 81602 , Ph 970-618-5033 Fax 303-216-2796 May 3, 2011 Project No. 1836 Fiona Lloyd 1491 County Road 237 Silt, CO 81652 Subsurface Review and Upgrade Onsite Wastewater System Design, 2 to 3 -Bedroom Structure 1491 County Road 237 Garfield County, Colorado Fiona, ALL SERVICE septic, LLC prepared an onsite wastewater system (OWS) design for the subject residence. The property is located outside of Rifle, CO in an area where OWS are necessary. SITE CONDITIONS Two residences exist on the property. The property will be divided. The main residence has a functioning OWS, and the log cabin has a 1000 gallon septic tank. The log cabin will be disconnected from the main residence septic system and a separate drain field will be constructed. The proposed drain field area for the cabin lies west of the cabin as indicated. Vegetation consists of a moderate cover of native grasses. Water is provided by the onsite well. SUBSURFACE The subsurface was investigated by reviewing a test pit dug in the area of the proposed drain field the materials encountered in the profile pit consisted of a thin layer of topsoil, underlain by clayey sand, with scattered rocks to 8 feet. Groundwater or bedrock was not encountered. Percolation rates ranged from 20 to 40 minutes per inch (MPI). A 29 MPI rate will be used to design the OWS. DESIGN SPECIFICATIONS The OWS design is based on 2 to 3 bedrooms and an average sewage load of 450 GPD. The installation must include the existing 1000 -gallon, two-compartment, precast concrete septic tank, with an effluent filter on the outlet, followed by three gravelless chamber trenches. Each trench must have 17 Quick -4 chambers, or 14 ARC -36 chambers. The total effective area must be 508 SF. Onsite Wastewater System Page 2 Construction must be according to the Garfield County Health Department OWS regulations, the OWS Construction Permit provided by the county, and this design. OPERATION INFORMATION AND MAINTENANCE The surface of the drain field should be seeded upon completion. Vegetation is an important factor in drain field performance. Erosion control should be practiced prior to and during re -vegetation. Geo - fabrics or plastics should not be used over the drain field. No heavy equipment, machinery, or materials should be placed on backfilled drain field. Livestock should not graze on the drain field. Plumbing fixtures should be checked to ensure that no additional water is being discharged to OWS. For Example, a running toilet or leaky faucet can discharge hundreds of gallons of water a day and harm a drain field. The homeowner should pump the septic tank every two years and clean the effluent filter as needed. Garbage disposal use should be minimized, and non -biodegradable materials should not be placed into the OWS. Grease should not be placed in household drains. Loading from a water softener should not be discharged into the OWS. No hazardous wastes should be directed into the OWS. Mechanical room drains should not discharge into the OWS. The OWS is engineered for domestic waste only. ADDITIONAL CONSTRUCTION NOTES If design includes a pump, air release valves and weep holes should be installed to allow pump lines to drain to minimize risk of freezing. Excavation equipment must not drive in excavation of drain field due to the potential to compact soil. Extensions should be placed on all septic tank components to allow access to them from existing grade. Precast concrete tanks and distribution boxes should be used, unless plastic or fiberglass is required. Access to all tank compartments and distribution devices is optimal. INSTALLATION OBSERVATIONS ALL SERVICE septic, LLC, and the county must view the OWS during construction. The OWS observation should be performed before backfill, after placement of chambers and distribution pipes. Septic tanks, distribution devices, pumps, dosing siphons, and other plumbing, as applicable, must also be observed. ALL SERVICE septic, LLC should be notified 48 hours in advance to observe the installation. Onsite Wastewater Systems Page 3 LIMITS: The design is based on information submitted. If soil conditions encountered are different from conditions described in report, ALL SERVICE septic, LLC should be notified. All OWS construction must be according to the county regulations. Requirements not specified in this report must follow county regulations. The installer should have documented and demonstrated knowledge of the requirements and regulations of the county in which they are working. Please call with questions. ALL SERV s- . ic, LLC Timotl Petz 3 copies sent Reviewed By: i Al111114v we. \ i Richard H. c:� 33662 : 1r' Scale: Not to Scale C)SITE PLAN ALL COUNTY ROAD 237 NOT TO SCALE 3 P.O. Box 2844 Glenwood Springs, Colorado 81602 Phone 970.6185033 Fax 303.216.2796 WELL 100' I PROPERTY LINE I Lloyd Residence 1491 County Road 237 Garfield County, Colorado Project Number: 1836 W1.0 Sheet 1 of 4 DESIGN 2 to 3 -BEDROOM RESIDENCE LOADING = q = 450 GALLONS PER DAY PERCOLATION RATE = 29 MPI CALCULATED AREA = ((1.5 X q) X sqrt 29 / 5) = 727 SF PROPOSED AREA = 727 SF X 30% REDUCTION = 508 SF 0' 20' ■ 40' Scale: 1" = 40'-0" TRENCH SPECIFICATIONS WIDTH OF TRENCHES = 3 FEET = 1 CHAMBER LENGTH OF 'QUICK -4' TRENCHES = 68 FEET = 17 CHAMBERS TOTAL NUMBER OF 'QUICK -4' CHAMBERS = 51 TOTAL INFILTRATIVE AREA = 504 SF THREE TOTAL TRENCHES 4" SDR -35 SEWER LINE (1% FALL FROM TANK) EXITING 1000 -GALLON SEPTIC TANK. ADD EFFLUENT FILTER CLEANOUT P-10 ESID ENC 1 GRAVEL DRIVE 'QUICK -4' CHAMBER TRENCHES WITH SERIAL DISTRIBUTION. THREE ROWS OF 17 CHAMBERS = 503 SF O PROPOSED OWS = 40'-0" RL[ 9RYICE P.O. Box 2844 Glenwood Springs, Colorado 81602 Phone 970.618.5033 Fax 303.216.2796 Lloyd Residence 1491 County Road 237 Garfield County, Colorado Project Number: 1836 W2.0 Sheet 2 of 4 DRAIN FIELD CROSS SECTION - TYP. r 3.0' max L LIMIT OF EXCAVATION SCARIFY SURFACE 4" PVC OBERVATION PIPE 4" EFFLUENT PIPE FROM SEPTIC TANK —\ PIPES PLACED IN TOP PORT OF CHAMBER END PLATES 0 UNDISTURBED SOIL —6' min 2' min PLAN VIEW - TYP. 4" PVC OBS PIPE INFILTRATOR(R) QUICK4(TM) CUT SHEET 12" - 52"• 48" (EFFECTIVE LENG 16" GRAVELLESS CHAMBER (4' x 3') 68' 12" - ar_4 .a 34" LINES TO ENTER AND EXIT IN TOP PORT OF CHAMBER END PLATE GRAVELLESS CHAMBER 'QUICK -4' 6' min T 0 17 CHAMBERS PER TRENCH O TRENCH DETAIs NOT ro scALE OBS PIPE INFILTRATOR END PLATE P.O. Box 2844 Glenwood Springs, Colorado 81602 Phone 970.618.5033 Fax 303.216.2796 Lloyd Residence 1491 County Road 237 Garfield County, Colorado Project Number: 1836 W3.0 Sheet 3 of 4 Existing Septic Tank with the Addition of an Effluent Filter - 1000 Gallon, 2 -Comp. `ihlTi=afaffil-lig' Top of tee to come to 1' from top of tank lid Inlet Tee Concrete Risers Slope Ground Away From Risers OENCO BRAND NAIV NOT ENFOKED E @ TANK DETAIL NOT TO SCALE Filter Cartridge hiondle (Geld cut to desired height) Ton< Adapter (cost or bolted) Vent Orifice Effluent Discharge Modulating Discharge Orifices Vault Inlet Forts Filter Cartridge Effluent Filter RLL �RVICE septic P.O. Box 2844 Glenwood Springs, Colorado 81602 Phone 970.618.5033 Fax 303.216.2796 Lloyd Residence 1491 County Road 237 Garfield County, Colorado Project Number: 1836 W4.0 Sheet 4 of 4 GARFIELD COUNTY ENVIRONMENTAL HEALTH DEPARTMENT Percolation Test and Soils Data Form - TABLE 1 - PROJECT 1836 PROFILE PIT 0 - 1' 1'-8.0' Date of Test: 4/15/2011 Root Zone, Clayey, Brown Clay, Silty, Sandy, Stiff, Moist, Sparse Gravel Light Brown No Groundwater or Bedrock was Encountered Hole Hole Interval Measurement at Measurement at Change (in.) Percolation Rate No. Depth (in.) (min.) Start of Interval End of Interval (min./in.) MPI (in.) (in.) 1 31 20 1.50 3.25 1.75 20 3.25 4.00 0.75 20 4.00 5.75 1.75 fill 20 2.50 3.25 0.75 20 3.50 4.00 0.50 20 4.00 4.75 0.50 2 41 20 2.25 4.00 1.75 20 4.00 4.75 0.75 20 4.75 5.75 1.00 20 5.75 6.75 1.00 20 6.75 7.75 1.00 20 7.75 8.75 1.00 39 20 2.00 4.00 2.00 20 4.00 5.00 1.00 20 5.00 6.00 1.00 20 6.00 7.25 1.25 20 7.25 8.00 0.75 20 8.00 8.75 0.75 AVG = 29 MPI 40 20 27 Sly, C.:A4PL..'.4,i'CE /E.`jG.F.,,-E.E.,7.',.,is ./F.asEL),,A PC:.: December 17, 2010 Fiona Lloyd 1491 CR 237 Silt, CO 81652 RE: Baseline Water Quality- Sampling Lloyd Property Dear Fiona Lloyd: L 7 Environmental Inc. T9 7.26ag96L `3?.2 52�. LT Environmental, Inc. (LTE). on behalf of Antero Resources Corporation iAntero). conducted water well sampling at the Lloyd Property (Site). The purpose of the sampling was to document baseline water quality at the Site prior to natural ass %yeiI drilling on Antero's Diemoz B Pad Antero -s baseline water well sampling, policy is to sample water wells within a half -mile radius of its pad locations. Water wells are analyzed for parameters recommended by the Colorado Oil and Gas Conservation Commission (COGCC ). A water well sample was collected from your water source on 10.18 2010. The water sample was collected in laboratory prepared bottle_. placed on ice and delivered with a completed chain -of -custody form to Summit Scientific (Summit) of Golden. Colorado. During sampling. LTE documented flow rate, pH, conductivity, and dissolved oxy Lzen using a YSl 556 multiparameter instrument. All field measurements and analytical results are summarized in Table 1. The laboratory analytical report that details results from your water well sample is i cl_:ded in Attachment 1. Laboratory Quality Assurance and Quality Control (QA/QC) testing is conducted on each _ample Yroup to ensure laboratory equipment is calibrated and analytical results are correct. The QA QC documentation does not contain results from your water well sample. However, the QA/QC documentation is included in Attachment 2 for your records. For comparison purposes, LTE has included a state standard for each anal\ to i:t. -Table 1. The standards shown are the most stringent of the Colorado Groundwater Standard, Human Health Standard, Secondary Drinking Water Standard. or Agricultural Standard as listed in the Colorado De^artment of Public Health and Environment (CDPHE) Water Quality Control Commission (WQCC) Re ;.:.cion Number 41 — The Rosie Stcrndcords Jor Ground Water. Please L..'.' 433-Q-88 if y au have any questions regarding this letter report or require additional information. LT ENVIRONMENTAL. INC. Asher Weinberg Environmental Scientist c� ATTACHMENTS: Table 1 — Baseline Water Quality Resu::5 Attachment 1 — Laboratory Analytie<: Re— Attachment 2 — Laboratory Q.-\ QC Doc ::'`e:.:a::aan Brian Dodek, P.G. Client Manager\Project Owner Name Address !Fiona Lloyd :1491 CR 237 !Silt. CO 81 652 Table 1 Lloyd Well Baseline Water Quality Results Antero Resources Piceance Corporation Well Address (if different) Field Information Temperature Conductivity pH Dissolved Oxygen Date (Dee C) (uSrcm) (su) (%1 10.18/2010 13-93 1.255 7 27 1 48 Notes Laboratory Analysis LabSamplelD Lab Name 1 RO1O117-01 SuinmilScientiftc Associated Drill Pad Dteinoz B Field Sample Name Lloyd Well Pa ra me to r State Result - tinits Standards J General Water Quality Alkalinity. Total 513 4 mgiL as CaCO3 Alkalinity, Bicarbonate 626.3 mall. -- Alkalinity, Carbonate <0,1 mg/L ,pH, Lab 72 su 65-8.5 'Electrical Conductivity 1 56 mmhoslctn -- 'Total Dissolved Solids 1,100 mgiL 400 Turbidity, Lab 0.49 NTU Major Anions Boron (133 mgiL Rrornide <0.01 ma'L -- Chloride 19.57 mast 250 fluoride 0 71 ntee'L 4 00 Nitrate -N 0.33 ma'L 10.00 Nitrite -N <O.02 me/L 1,(10 Sulfate 479.61 ma'L 250 Major Cations Calcium 157.3 mall. -- Iron 0036 mail- 030 Magnesium 69.1 ingL -- Manganese 0 0097 insiii. 0.05 Potassium 1.9 rntvL -- Sodium 151.9 nagIL fess than stated reporting limit -- Nu standard for the selected analyte rite;1_ - milligrams per liter uss%L - micrograms per liter SLI - standard halts awiltos. m - millirehus per centimeter - Nephelometric Turbiitir !.'nits e Cum' - culunl tinning units per milliliter Bold - Bold text indicates result over standard ]!TBE rtedtyl tert•f3uttl Ether State standards from the Colorado Depantnent of Public Health and Ent ironntetn Water Quality Control Commission itegedutioerSVrenehrr-11-16c HavkSian.Au;&!i-Gramrd!Voter The Colorado (ail and Gas CO -ISO -Nation Commission has established a atnceuirattan 012 mg- 1- for dissols ed methane as a threshold value far which additional un estigatiott of the dissolved methane source is to be et aluased Table 1 (Continued) Lloyd Well Baseline Water Quality Results Antero Resources Piceance Corporation Parameter Result units - Metals :Arsenic 0 0058 mg/L 0 01 Barium 0.0212 m2'L 2 00 Cadmium 0 00009 InJL 0 005 Chromiwn 0 0086 mol_ 0 1 Lead <0 00006 mgiL 0 05 Selenium 0.0031 mull., 0.02 Silver 0.00009 m 'L 0.05 Slate Standards Organics Benzene <1 us 1 5.0 Toluene <1 ulzil 560 Ethylbenzene <1 ueli 700 'X).lenes""iota) <1 ue'I 1,400 MTBE <5 us!] -- lvlethane <0.0008 nte'L Biological Iron Related Bacteria Absent cfu/taf Sulfate Reducing Bacteria Absent cfuiml Slime Forming. Bacteria .Absent Cfuiml ores less than stated reporting limit Nn standard for the selected analyte mg 1, - milligrams per liter ugL - micrograms per liter su- staltdardunits tiuriliosem - millnnllos per centimeter ATL - Nephelometric Turbidity. Units efm Illi • Colony forming units per till}Illltar Bold - Bold text indicates result over standard MTBE Methyl Cert-nueil Ether State standards front the Colorado Department of Public Health and Environment 1k alar Quality Control Commission iletiarlutmn ,\'limber al - The BaS1( ,Stcurdirra !C,r rirvrurd if'uter 'Che Colorado Oil and Gas Conservation Commission has established a concentration of 2 merL for dissolved methane as a threshold value for which additional investigation of the dissolved methane source is to be evaluated ummit .`scientific 741 Corporate Circle — Suite 1 ♦ Golden, Colorado 80401 303.277.9310 - laboratory ♦ 303.277.9531 - fax November 08, 2010 Becci Treitz LT Environmental, Inc. 4600 West 60th Avenue Arvada, CO 80003 RE: ANT - Baseline Water Quality Sampling Enclosed are the results of analyses for samples received by Summit Scientific on 10/19/10 10:30. If you have any questions concerning this report, please feel free to contact me. Sincerely, Paul Shrewsbury For Ben Shrewsbury President / Laboratory Director LT Environmental, Inc. Project: ANT - Baseline Water Quality Sampling 4600 West 60th Avenue Arvada CO, 80003 Project Number: ANT 1002 Project Manager: Becci Treitz Reported: 11/08/10 16:11 ANALYTICAL REPORT FOR SAMPLES ISample lD Laboratory ID Matrix Date Sampled Date Received Lloyd Well 12010117-01 Water 10/18/10 14:00 10/19/10 10:30 Summit Scientific The results in this report apply to the samples analv_ed in accordance with the chain of cii.undy document This unetl) tical report ,nest be reproduced in as entirety. Page 1 of 10 1. -t • w w :T-- ..:/1 \ Ns *i/:o,r, r ca --— c..)y;J - 1r _7, ,f — t5r > - i.:p.m..rSi aa4iO O h _ .. a....ry....sln.J. - a1v L w f C.110-1 ."Iati!E itlo3 41) J-lfgpin..., --::::.- :r 'JM1 a 7.0 4 c Y TO a paid.0 Z aI°! Ci pattilu..y amt} _7 ,% Summit Scientific The results in this report apply to the samples analv_ed in accordance with the chain of cii.undy document This unetl) tical report ,nest be reproduced in as entirety. Page 1 of 10 LT Environmental, Inc. 4600 West 60th Avenue Arvada CO, 80003 Project: ANT - Baseline Water Quality Sampling Project Number: ANT 1002 Project Manager: Becci Treitz Reported: 11/08/10 16:11 Volatile Organic Compounds by EPAMethod 8260B Lloyd Well R010117-01 (Water) Summit Scientific Date Sampled: 10/18/10 14:00 Reporting. Analyte Result Limit Units Dilution Batch Prepared Analyzed Nlethod Notes Methyl tert-butyl ether Benzene Toluene Ethylbenzene Xylenes (total} NI) ND ND ND ND 5.0 1.0 1.0 1.0 1.0 ug/1 11 0102011 10;20/10 111 10i21/10 EPA 8260B 11 11 Date Sampled:10/18/10 14:00 Ir 11 Analyte Result Reporting Limit Units Dilution Batch Prepared Analyzed Method Notes Surrogate: 1. '-DicJrloa nethane-d-1 Surrogate Talneue-d8 Surrogate: 4-limorof uor oben_- erre Physical Parameters by APHA/ASTNI/EPA Methods 98.6 90.1 95.8 57.9-139 83.1-115 80.8-120 IF Date Sampled: 10/18/10 14:00 Analyte Result Reporting Limit Units Dilution Batch Prepared Analyzed Method Note Specific Conductance (EC) 1,56 0,001(10 mmhosrern 1 0101909 10/19/10 10/19/10 EPA 120.1 Date Sampled: 10/18/10 14:00 Analyte pH Result 7.2 Reporting Limit Units Dilution Balch Prepared Analyzed Method Notes 1.0 pH Units 0101910 10/19'10 10/19/10 EPA 9040 Date Sampled:10/18/10 14:00 .Reporting Analyte Result Limit Units Dilutien Batch Prepared Analyzed Method Notes Total Dissolved Solids Colorado Analytical Laboratories 1100 1.0 mg'L 0101911 10/19/10 10/19/10 EP.A 160.1 Summit Scientific The results in this repair appl,r to the .samples analt _ed in accortiance with the chain of custody document. This analytical report must he reproduced iu ats etrtlrets'. Page 2 of 10 LT Environmental, Inc. 4600 West 60th Avenue Arvada CO, 80003 Project: ANT - Baseline Water Quality Sampling Project Number: ANT 1002 Project Manager: Becci Treitz Reported: 11/08/10 16:11 Lloyd Well R010117-01 (Water) Summit Scientific Colorado Analytical Laboratories Date Sampled: 10/18/10 14:00 Reporting Analyte Result Limit Units Dilutton Batch Prepared Analyzed Method Notes Total Alkalinity 513.4 0.1 rng/ L as CaCO3 1 01 10[03 10/20/10 11/01/10 SM2320-B Date Sampled: 10/18/10 14:00 Analyte Result Reporting Limit Units Dilution Bateh Prepared Analyzed Method Notes Boron 0.33 0.01 tng'L rl 10'21/10 Date Sampled: 10/18/10 14:00 SM 4500-13 Analyte Result Reporting Limit Units Dilution Batch Prepared Analyzed Method Notes Bicarbonate 626.3 0.1 10/20.10 Date Sampled: 10/18/10 14:00 SM2320-B Analyte Result Reporting Limit Units Dilution Bateh Prepared Analyzed Method Notes Bromide ND 0.01 Date Sampled: 10/ 18/10 14:00 EPA 3000 Analyte Reporting Result Limit Units Dilution i3atcli Prepared Analyzed Method Notes Calcium 157.3 0.1 0110102 10/25:10 11/01110 EPA 6010A Date Sampled: 10/18/10 14:00 Analyte Result Reporting Limit Units Dilution Batch Prepared Analyzed Method Notes Carbonate ND 0.1 0110103 10/20/10 11/01/10 SM22,20-B Date Sampled: 10/18/10 14:00 Analyte Result Reporting Limit Units Dilution Bateh Prepared Anaigzed Method Notes Summit Scientific The results in this report apply to the samples analy:ed ut accordance with the chain of custody doctment. Tins analytical report roust he reproduced in its entirety. Page 3 of 10 LT Environmental, Inc. 4600 West 60th Avenue Arvada CO, 80003 Project: ANT - Baseline Water Quality Sampling Project Number: ANT 1002 Project Manager: Becci Treitz Reported: 11/08/10 16:11 Lloyd Well 8010117-01 (Water) Summit Scientific Colorado Analytical Laboratories Chloride 19.57 0.01 me/l. 1 0110103 11Y20/10 11/0110 ERA 300-0 Date Sampled:10/18/10 14:00 Analyte Result Reporting Limit Units Dilution Batch Prepared Analyzed Method Notes Fluoride 0.71 0.09 Date Sampled: 10/18/10 14:00 SM4500-F-C Analyte Result Reporting Limit Units Dilution Batch Prepared Analyzed Method Notes Potassium 1.9 0.1 NI 0110102 10/25;10 11/01/10 EPA 6010A Date Sampled:10/18/10 14:00 Analyte Result Reporting Limit Units Dilution Batch Prepared Analyzed Method Notes- Magnesium otes Magnesium 69.1 0.05 Date Sampled: 10/18/10 14:00 Analyte Result Repotting Limit Units Dilution Batch Prepared Analyzed Method Notes Sodium 151.9 0.1 Date Sampled: 10/18/ 0 14:00 Analyte Nitrate as N Result Reporting Liinrt Units Dilution Batch Prepared Analyzed Method Notes 0.33 0.04 0110103 10/20/10 11/01/10 EPA300.0 Date Sampled:10/18/10 14:00 Reporting Analyte Result Limit [;nits Dilution (batch Prepared Analyzed Method Notes Nitrite as N ND 0.02 rl Summit Scientific The results in this report apple- to the samples areal[:ed or accordance u ith the chair of crrstads cinctri ertl. This anal ncal report must be reproduced in its entirety_ _ Page 4 of 10 LT Environmental, Inc. 4600 West 60th Avenue Arvada CO, 80003 Project: ANT _ Baseline Water Quality Sampling Project Number: ANT 1002 Project Manager: Becci Treitz Reported: 11/08/10 16:11 Lloyd Well R010117-01 (Water) Summit Scientific Colorado Analytical Laboratories Date Sampled:10/18/10 14:00 Analyte Selenium Result 0.0034 Reporting Limit Units Dilution Batch Prepared Analyzed Method Notea 0.0008 mg:l., l 0110102 10/26/10 11/01/10 EPA 6010A Date Sampled: 10/18/10 14:00 Analyte Result Reporting Limit Units Dilution Batch Prepared Analyzed Method Notes Sulfate 479.61 0.01 0110103 10/20/10 Colorado Analytical Laboratories - Physical and Aggregate Properties by APHA Standard 111ethods 11;01/10 EPA 300.0 Date Sampled:10/18/10 14:00 Analyte Result Reporting Limn Units Dilution Batch Prepared Analyzed Method Notes Turbidity 0.49 0.01 NTU Colorado Analytical Laboratories - Dissolved Metals by APHA/EPA Methods 0110103 11/01110 SM2130B Date Sampled:10/18/10 14:00 Anatyte Result Reporting Limit Units Dilution Batch Prepared Analyzed Method Notes Silver 0.00009 0.00003 ntg/L 1 0110102 10/26/ 10 11;01;10 SM 3111-13 Date Sampled:10/18/10 14:00 Analyte Result Reporting Lunn Units Dilution Batch Prepared Anal!, zed Method Notes Arsenic 0.0058 0.0006 Date Sampled:10/18/10 14:00 Reporttns Analyte Result Limit Units Dilution 13atuh Prepared Analyzed Method Note. Barium 0.0212 0.0016 IP Stnnrnit Scientific The results in this report apply to the samples orxrh_ed in accordance -with the chatty of custody document. This analytical report must be reproduced rn its entirrrr. Page 5 of 10 5 LT Environmental, Inc. 4600 West 60th Avenue Arvada CO, 80003 Project: ANT - Baseline Water Quality Sampling Project Number: ANT 1002 Project Manager: Becci Treitz Reported: 11/08/10 16:11 Lloyd Well R010117-01 (Water) Summit Scientific Colorado Analytical Laboratories - Dissolved Metals by APHA/EPA Methods Date Sampled: 10118/1.0 14:00 Anal' to Cadmium Result Reporting Limit Units Dilution Batch Prepared Analyzed Method Notes 0.00009 0.00006 mo/L I 0110102 10/26/10 11:01/10 SM 3111-B Date Sampled: 10/18/10 14:00 Reporting Analyte Result Limit Units Dilution Batch Prepared Analyzed Method Notes, Chromium 0.0086 0.0015 0110801 11,08110 Date Sampled: 10/18/10 14:00 Analyte Iron Result Reporting Limit Units Dilution Batch Prepared Analyzed Method Notes 0.036 0.005 " 0110102 10/2510 I1/01/10 Date Sampled: 10/18/10 14:00 Reporting Analyte Result Limit Units Dilution 13ateh Prepared Analyzed Method Notes Manganese 0.0097 0.0001 10/26/10 EPA 200.8 Date Sampled: 10/18/10 14:00 Analyte Result Reporting Limit Units Dilution Batch Prepared Analyzed Method Note Lead Evergreen Analytical Laboratories NI) 0.00006 41 SM 3111-B Date Sampled: 10/18/10 14:00 Reporting Analyte Result Limit Units Dilution Batch Prepared Analyzed 4lethod Notes Methane ND 0.0008 nig/1 0102604 10/22/10 10126/10 RSK-175 Summit Scientific The results ter this report apply to the samples analsaed in accordance -with the chair of custody document This analytical report must be reproduced in its entirety Page 6 of 10 5z LT Environmental, Inc. 4600 West 60th Avenue Arvada, CO. 80003 Project: ANT - Baseline Water Quality Sampling Project Number: ANT 1002 Project Manager: Becci Treitz Reported: 10/27/10 12:00 1 Lloyd Well 8010117 Summit Scientific IRB/SRB'SLYM BART Test Results Slime Forming Bacteria (SLYM) Sample ID Method Results Potential Population ci t;rL Dominant Bacteria 8010117-01 BART-SLYM1 Absent n!a 11/a Sulfate Reducing Bacteria (SRB) Sample tD Method Results Potential Population efithnL Dominant Bacteria R010117-01 BART-SRB Absent n/a n;'a Iron Related Bacteria (IRB) Sample ID Method Results Potential Population cMint L ROIOI17-01 BART -IRB Absent n/a Dominant Bacteria Anaerobic bacteria SLYM 8 Days SRB 8 Days IRB 8 Days LT Environmental, Inc. 4600 West 60th Avenue Arvada CO, 80003 Project: ANT - Baseline Water Quality Sampling Project Number: ANT 1002 Project Manager: Becci Treitz Reported: 11/08/10 1611 Volatile Organic Compounds by EPA Method 8260B - Quality Control Summit Scientific Reporting Spike Source RPD Analvte Result Limit Units Loci Result %REC Limits RPD Limit Notes Batelt 0102011 - EPA 5030 Water MS Blank (0102011-BLK1) Prepared & Analyzed: 10/20/10 Methyl tert-huty1 ether Benzene Toluene Ethylhenzene Xylenes (total) Surrogate: L2-Dieldoroethane-d4 Surrogate: kluene-e18 Surrogate. 4-1?romofluoroberuene ND 50 ug,;1 ND 10 '' ND LO ND 1.0 ND 1.0 12_8 12.0 12.6 13.3 13.3 13.3 95.8 57.9-139 90_0 83.1-115 94.9 80.8-120 LCS (0102011 -BSI) Prepared R. Analyzed: 10/20/10 Methvl tert-butyl ether ND 5.0 ti1 60-140 Benzene 26 5 1_0 " 33.3 79,5 60 1-131 Toluene 232 1_0 ii 33.3 69.7 65.9-127 Ethylbertzene 30.0 1.0 33.3 90 1 65_1-129 Surrogate: 1,2-Dichloroethane-d4 Surrogate: Toluene -d8 Surrogate 4-13romo17uoroben:ene LCS Dup (0102011-BSD1) 13.6 12.4 12.6 13 3 /3,3 13.3 102 57.9-139 92.9 83.1-115 94.2 30.8-120 Prepared & Analyzed: 10/20/10 10.9 11.3 20 Methyl tert-butyl ether ND l3enzene 26_0 Toluene 23 3 Ethylbenzene 30_4 Surrogate: 1.2-Dichloroethane-d4 Surrogate; Toluene -d8 Surrogate. 4-Brontofhiombeu;ene 5.0 ug.11 60-140 25 1.0 33.3 77.9 60.1-131 1 98 10.9 1.0 33.3 69.8 65.9-127 0.172 11_3 1.0 33.3 91.1 65.1-129 1.09 20 .. .. 13 4 ,i 13.3 100 57.9-139 12.4 II 13.3 92.7 83.1-115 .12.5 " 13.3 93.8 80.8420 Nlatrix Spike (0102011 -MSI) Source: R010113-01 Prepared & Analyzed: 10/20/10 Methvl tert-hutyl ether ND 5.0 ttg.1 ND 50-150 30 Benzene 27,2 1_0 33 3 ND 81 6 52_7-130 19 3 Toluene 24,5 1.0 J. 33.3 ND 73.5 57-127 18.7 Ethylbenzene 31.9 1.0 33.3 ND 95_8 59.2-177 20 Surrogate: 1.2-thchloroethane-d4 13.5 Surrogate: 7oluene-d8 12.2 SuiTogette: 4-13romq1uoroben7.em, 12.5 13,3 101 57.9-139 13.3 91.7 83.1-115 13.3 93.6 80.8-120 Summit Scientific z-7 The results tit this report apply to the samples analY:ed in accordance with the chain of custody document. This analytical report fn2f.ir be reproduced in its entirely. Page 7 of 10 Spike Source %RFC RPD Units Level Result °%REC Limits RPD Limit Notes 2 LT Environmental, Inc. 4600 West 60th Avenue Arvada CO, 80003 Project: ANT - Baseline Water Quality Sampling Project Number: ANT 1002 Project Manager: Becci Treitz Reported: 11/08/10 16:1] Volatile Organic Compounds by EPA Method 8260E - Quality Control Summit Scientific Analyte Result Reporting Limit Batch 0102011 - EPA 5030 Water MS Matrix Spike Dup (0102011-11SD1) lvlethyl tert-butyl ether Benzene Toluene Ethvlbenzenc Source: R010113-01 ND 27.3 24.6 31,4 Surrogate: 1,—Dichloroethane-d.I Surrogate: Toluene -d.1 Surrogate: 4-Bronrofluorohen_ene 13-6 12.4 12.3 Prepared: 10/20/10 Anal>zed: 10'21'10 50-150 52 7-130 57-127 33.3 33.3 33.3 13.3 13.3 13.3 ND ND 81 8 ND 73.9 ND 94.2 102 93' 92.-1 0.257 0.448 59 2-127 1 67 57,9-139 83.1-115 80.8-120 30 193 18.7 20 Surnntit Scientific The results or tins report apply to the samples atralr-ed err accordance it Jth the chain of custody document This murlr'ltcal report must be reproduced in its entirety. Page 8 of 10 LT Environmental, Inc. 4600 West 60th Avenue Arvada CO, 80003 Project; ANT - Baseline Water Quality Sampling Project Number: ANT 1002 Project Manager: Becci Treitz Reported: 11/08/10 16:11 Physical Parameters by APHA/ASTM/EPA Methods - Quality Control Summit Scientific Analyte Result Repo:iir.g Spike Source %RF.0 RPD Limit Units Level Result '',11ELEC Limits RPD [_unit Notes Batch 0101909 - General Preparation Duplicate (0101909-D1"t'l) Specific Conductance (EC) Batch 0101910 - General Preparation Source: 8010117.01 Prepared S.: Analyzed: 10/19110 157 0 00100 mmhoS tAr. 1 56 ?830 20 Duplicate (0101910-DUP1) Source: R010117-01 Prepared & Analyzed: 1011.9.110 p11 Batch 0101911 - General Preparation 7.2 I.0 p11 Units 7 2 0.00 20 Blank (0101911-BLNI ) "focal Dissolved Solids Prepared & Analyzed: 10/19/10 ND L0 mg'L Summit Scientific The resuks in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical l report must be teprodnced in its entirety. Page 9 of 10 2 LT Environmental, Inc. Project: ANT - Baseline Water Quality Sampling 4600 West 60th Avenue Project Number: ANT 1002 Arvada, CO. 80003 Project Manager: Becci Treitz Reported: 10/27/10 12:00 0101913 Blank Summit Scientific IRB/SRB/SLYM BART Test Results Slime Forming Bacteria (SLYM) Sample ID Method Results Potential Population era mL Dominant Bacteria 0101913-BLK BART-SLYM Absent ria n a Sulfate Reducing Bacteria (SRI3) Sample ID Method Results Potential Population cfumL 0101913-BLK BART-SRB Absent n/a Dominant Bacteria n'a Iron Related Bacteria (IRB) Sample ID Method Results Potential Population du mL Dominant Bacteria 0101913-BLK BART -IRB Absent r>!'a n/a SLYM 8 Days SRB 8 Days IRB 8 Days 52 LT Environmental, Inc. 4600 West 60th Avenue Arvada CO, 80003 Project: ANT - Baseline Water Quality- Sampling Project Number: ANT 1002 Project Manager: Becci Treitz Reported: 11/08/10 16:11 Notes and Definitions DET Analyte t)E-I EC TED ND Analytic NOT DETECTED at or above the reporting lirrit NR Not Reported Jrn Sample results reported on a dn. weigh,. bas,; RPD Resat:.e Prem Ditte:e ce Summit Scientific ar ply to the sampla l.tnce wait the anaiyhcal report ma.7 as entirety - Page l0 of 10 Sub -division Narrative Lloyd sub -division July 2011 The application before the County is requesting a subdivision of a 10+ acre parcel on Silt Mesa via the minor subdivision exemption process. Currently the property consists of a 2 bedroom house and a 1 bedroom ADU located some 500' feet apart. The subdivision will locate each dwelling on a parcel of land, the main house on 8+ acres and the current ADU on 2+ acres. We live in the main house and my mother in the ADU. The residences currently share a well and a driveway and this is how it will remain. The reason for requesting the subdivision is to allow each structure or site to function on its own while allowing for individual ownership of the homes. Thank you Fiona Lloyd 1491 CR 237 Silt CO 81652 David Pegg 1491 County Rd 237 Silt, CO 81652 T 970.876-0268 dave@woIverinepublishing.com www.wolverinepublishing.com July 15, 2011 Kathy Eastley Senior Planner Garfield County Building and Planning Dear Kathy, I hereby provide authorization for Fiona Lloyd to act on my behalf in regards to the Lloyd -Pegg Minor Subdivision Exemption submitted to Garfield County Sincerely yours, David Pegg �6 _sr1oH - r1Q-1/ v, . .. r. ..+.. .. r ar vr.a.. rrr... . rr Re,:eption No. '-r Octock M. 8y DEPUTY. RECORDER. WARRANTY DEED THIS DEED, Made on this day of October 37., 2006 JERRY D. THOMAS AND NANCY L. THOMAS cf the County of GARFIELD FIONA C. LLOYD AND DAVE PEGG , between and State of COLORADO , of the Granter(s), and whose legal address is :1491 COUNTY ROAD 237 STi,T, CO 81652 of the County of ARFIELD and State of COLORADO WITNESS,. That the it antor(s), for and in consicrerotion of the sun; of ($471,200.0'0 .': * Fat€sr Hundred Seventy Cite Ttruusand Two Hundred and 00/100 x'°^ , of the Grantee(s): } DOLLARS the receipt and' sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sett, convey and confirm unto the Grantee(s), their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, tying and being in the County of GARFIELD and Stat: of Colorado, described as follows; SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF also known as street number 1491 COUNTY ROAD 237 SILT CO 81652 TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right title interest, claim and demand whatsoever of the Grantcrr(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s), their heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grart, bargain, and agree to and with the Grantee(s), their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is wel': seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in €manner and form as aforesaid, and that the same are free and clear from al( former and.othe- grants, bargains, sates, liens, taxes, assessments, encumbrances and restrictions of Whatever kind or nature soever, Subieot to general. taxes for the year goof and those specific Exceptions described by reference to recorded documents ax reflected in the Title Documents accepted by Grantee(s) in accordance with Section as (Title Review) of the Contrast to Buy and Sell Real Estate relating to the above described teal property; distribution utility easements, (including cable TV); those specifically described rights of third parties not shown by the public records, of which Crantee(si has actual knowledge and which Were accepted by orantee(s) in accordance with lection 8b (Matters not Shown by the Public Records) and Section 8c (Survey Review) of the Contract to Huy and Sell Real Estate relating to the above described real property' inclusion of the Property within any special tax district; and. the benefit and burdens of any declaration and party wall agreements, if any, and other NONE. The Grantor(s) shall and wi('. WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the roc..? or any part thereof. The singular number shall include the plural, and the plural the singular, and the use of any fiercer shall bo applicable to all genders. TN WITNESS WHEREOF the Grantor(s) has executed this deed on the date set forth above. STATE OF By: JERRY D. THOMAS B4': - COLORADO ) NANCY L. THOMAS. BY JERRY D. THDM tS AS ATTORNEY TN )ss. FACT County of GARFIELD ) The foregoing instrument was acknowledged before me cr this day of October 31, 2006 2�of 2 R 11.00Dv47.12 GARFIELD COUNTY CO EXHIBIT A TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6TH P.M. SECTION 25: NW1/4SE1/4SW1/4 ALSO KNOWN AS LOT 1 PEACH VALLEY ORCHARD ACCORDING TO THE PLAT THEREOF AILED JANUARY 25, 1909 AS DOCUMENT NO. 36474. COUNTY OF GARFIELD STATE OF COLORADO Garfield County : Parcel Information Map r Loading... Zoom Here I Center on Map 5 of 5 hup://gisneaps.garIield-county.com/parcelmap/# cZ1CL(.. Sanc,t ?iclatd LI -01 fig- 2_371 Ke9 4 karla rnth I9 Jo►nV 1n)S ie 12:14 C_Da mts %1 + &01/ oo genre 1Zck (u j 14L� �' 233 X237 1158 Cc 23-1 Don U rsor1 1 b Sa c42 237 4/7/11 11:05 AM s %NIA IriV401 150, Ril 51i I Receptian4`. 722945 05!0912007 03:58:25 PM 8:1924 P:0725 Jean Rlberica 1 of 3 R&D Feet$0.00 Dat Fee: GARFIELD COUNTY CO STA'1'F, OF COLORADO ) )ss County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday, the 2°d day of April A.D. 2007, there was present: John Martin Larry McCown Tresi Houpt Don DeFord Jean Alberico Ed Green (Absent) , Commissioner Chairrrlan , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2007-36 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT TO ALLOW AN ACCESSORY DWELLING UNIT ON A PROPERTY OWNED BY FIONA LLOYD AND DAVID PEGG, DESCRIBED AS 1491 COUNTY ROAD 237, GARFIELD COUNTY PARCEL NO# 212725300065 WHEREAS, the Board of County Commissioners of Garfield County, Colorado ("Board"), has received an application from Fiona Lloyd and David Pegg for a Special Use Permit ("SUP") to allow an Accessory Dwelling Unit on their property within the ARRD • (Agricultural/Residential/Rural Density) zone district; and WHEREAS, the Board helda public hearing on the 2" day of April, 2007, upon the question of whether the above described SUP should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions concerning the approval of said special use permit; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact as listed below: 1. Proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 1 3 1111K VAlik lit ire1V11111r.1I`41. PH 11111 R ecept i ontt : 7Z2945 an Alberico 25of93GARFIELD ZRec 007 Fees$0200 Doc Fee: 5 PM :192P:p726 eCOUNTY CO 2. The meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. The above stated and other reasons, the proposed special use permit has been determined to be in the best interest of the health. safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. The application has met the requirements of Special Use (Sections 5:03, 5.03.021 and 9:03) the Garfield County Zoning Resolution of 1978, as amended. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that Special Use Permit for an Accessory Dwelling Unit for a property owned by Fiona Lloyd and David Pegg is hereby approved subject to compliance with all of the following specific conditions: (1) All representations of the applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval unless otherwise modified by the Board. (2) All lighting associated with the ADU shall be the minimum amount necessary. All exterior lighting shall be shielded to prevent light trespass on any adjoining property and be downward facing towards the structure, (3) The Applicant shall meet all requirements of the Garfield County Zoning Resolution of 1978, as amended, and shall meet all building code requirements. (4) The accessory dwelling unit shall not be conveyed as a separate interest but may be leased. Dated thisr i day of N\ , A.D. 20 ) 7 . GARF]ELD COUNTY BOARD OF COMMISSIONERS. GARFIELD COUNTY, COLORADO 2 1111 rd NAM 1114,411 11 Reception#: 722945 05/09/2007 03:58:25 PM 9;1924 P:0727 Jean Alberico 3 of 3 Rec Fee:$0.00 Doc Fee: GARFIELD COUNTY CO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN , Aye COMMISSIONER LARRY L. MCCOWN , Ave COMMISSIONER TRESI HOUPT , Aye STA I'E OF COLORADO ) )ss County of Garfield ) 1, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 . County Clerk and ex -officio Clerk of the Board of County Commissioners 3 RECEIPT Garfield County 108 8th Street Suite 401 Glenwood Springs, CO 81601 - Phone: (970)945-8212 Fax: (970)384-3470 Invoice Number: INV -2-12-21703 Invoice Date: 28/2012 12:00:00AM Plan Case: subdivision Minor Exemption A Fee Name Road Impact Fee Fee Type Calculated Fee Amount $1,702 86 Total Fees Due: $1,702.86 Date Pay Type Check Number Amount Paid Change 02/28/2012 Check 1619 $1,702.86 $0.00 Total Paid: $1,702.86 Total Due: $0.00 I Tuesday, February 28, 2012 RECEIPT/INVOICE Garfield County 108 8th Street Suite 401 Glenwood Springs, CO 81601 - Phone: (970)945-8212 Fax: (970)384-3470 Applicant Fiona Lloyd 1491 CR 237 Silt, CO 81652 1491 CR 237 Di -81§52 Return to: invoice Number: INV -6-11-21195 Invoice Date: 6/30/11 Pian Case: Subdivision Minor Exemption Application, MIEA-6-11-6913 Garfield County 108 8th Street Suite 401 Glenwood Springs, CO 81601 - Memo: Lloyd Minor Exemption Subdivision Fee Name Fee Type Fee Amount Minor Exemption Application Fey Date Fixed $300.00 Pay Type Check Number Total Fees Due: $300.00 Amount Paid Change 06/30/2011 Check 1605 $300.00 $0.00 Total Paid: $300.00 Total Due: $0.001 DAVID B. PEGG 1491 COUNTY ROAD 237 SILT, CO 81652 ORDER OF ( +Lit e e. PAY TO THE trN Alpine , Bank =LUTON= 1a 9d�� Afpin• if • (97th 446'4I33 �i8111 Vasttfei/ I $ � �----� DATE 1605 82-340/1021 FOR L ae. • 1 DOLLARS 1:1.0 21,0 3140 4040 240 1100 L605 Hmane Clarke Thursday, June 30, 2011 mN Bit 00 Yv1it,& Lic0 ie/y-cimp--)/ I ).1D0 DAVID B. PEGG 1491 COUNTY ROAD 237 SILT, CO 81652 I PAY TO THEGr� -fe(Qr.fQJ $ 9-©0 ORDEROF `-`� DATE 1618 82-340/1021 FOR Alpine Bank 0360 ghway 133 Cirbon0-90 CO 91033 (870)903-3040 • AlpIne lnTa•LIPU (970)949-4133 '1/4S i tvt5tC DOLLARS 1:10 21.034071: 40402401170 L6 L8 Maxlerd Clarke 6+s.rly 0..114 a• QUATTRO FILENAME: FEES-LWB2 ROAD IMPACT FEE CALCULATION WORK SHEET Project/Applicant Road District Land Use Date Prepared Lloyd Exemption Accessory Dwelling Unit 6 1/17/2012 Base Road Cost $3,410,000 Road Capacity in ADT 16,200 Road Cost per ADT $210.49 ADT per Land Use 9.57 Base Road Impact Fees per Land Use $2,014.43 TAX CREDITS 80% of Annual R & B Property Tax per Land Use $28.16 County Discount Rate 1.06% Road Design Life (Years) 14 Present Worth Factor 12.95 Property Tax Credit $364.59 UNADJUSTED ROAD IMPACT FEE $1,649.83 [Base Road Impact Fee - Property Tax Credit] INFLATION ADJUSTMENT Denver -Boulder CPI Year of Cost Estimate 158.5 Denver -Boulder CPI Year of Impact Fee Calc. 219.1 Inflation Factor 1.3821 [CPI for Collection Year/CPI of Year of Cost Estimate] PRE -CONSTRUCTION INFLATION $2,280.15 ADJUSTED ROAD IMPACT FEE POST -CONSTRUCTION COST ADJUSTMENT County Discount Rate Term (Years since Construction Compound Interest Multiplier I.06% 3 1.0321 POST -CONSTRUCTION ADJUSTED ROAD IMPACT FEE $1,702.86 Prepared by the Garfield County Planning Department tit tr,6FZINVIPNINIC i i WA 11111 Reception#: 818067 0311912012 1i:27.16 AM Jean Alberloo 1 of 6 Reo Fee:$31.00 Dnp Fee:0.00 GARFIELD COUNTY CO WELL SHARING AGREEMENT THIS WELL SHARING AGREEMENT is made this _ day of October, 2011, by Fiona Lloyd and David Pegg the owners of the Property (referred to herein as "Owner"). WITNESSETH: WHEREAS, Owner owns the real property described as approximately (10) acres located in the SW 1/4 Section 25, T5S, R92W, 6th P.M. as more fully described on Exhibit A, attached hereto (the property) has been divided into two Lots called the Lloyd Minor Exemption described at Reception No. Si4p6j,, Garfield County Clerk and Recorder; and WHEREAS, the Lots are designated as Exemption Lots 1 and 2 (hereinafter Lot 1 and/ or Lot 2) ; and WHEREAS, one well (hereinafter "Well") located within the exemption to be used for the two lots and a sharing agreement is necessary; and NOW, THEREFORE, the parties hereby declare that the Property and Well are subject to the following restrictions, covenants and conditions. This Declaration shall run with and burden the land described in Exhibit A and referred to herein as the Lloyd Minor Exemption, and shall be binding upon all persons or entities having any right, title or interest in all or any portion of the Lots therein, including Owner, their successors, assigns, descendants, tenants, and heirs. 1. Well and Water Supply. Each Lot owner of the property shall be entitled to use the Well as specified herein; in the manner as allowed by the Well Permit as follows: Well Permit No. 64912-F, the well, pump and other facilities shall be owned by Exemption Lot 1 and may be used by Exemption Lot No 1 for up to 2 single family residences and out buildings on Lot 1. A copy of the well permit is attached hereto as Exhibit B. Lot 1 shall be allowed irrigation of 7,500 square feet of lawn and garden and the watering of domestic animals. Lot 2 shall have the right of use of Well (unless it drills its own well and then this right shall expire). The right of use of the well by Lot 1 shall be limited to 1 single family dwelling and 7500 square feet of lawn and garden only. The water may service one out building but such out building may include only 1 restroom. A West Divide Water Conservancy District (WDWCD) contract is in effect for the augmentation of this Well. The contract shall be maintained in the name of the Exemption Lot 1 Owner only. Exemption Lot 1 owner may increase the use of the Well (by getting an amended well permit and WDWCD contract) to add an additional residence and to add stock watering uses. 2. Water System Easements. As long as use of the Well continues by Lot 2, the owner of Lot 2 shall have an easement to access the Well and its pump house, storage tanks, pipelines, and other workings associated with the delivery of water to Lot 2 for reasonable Lloyd -Well Sharing Agreement Lloyd Minor Exemption Well Sharing Agreement Page 2 1111 A NJ'rii1WV.Pki it klipaimarmt Reception#: 818067 03/19/2012 11:27:16 AM Jean Alberico 2 of 5 Rec Fee:$31.00 Doc Fee:0.00 GARFIELD COUNTY CO operation and maintenance purposes. Such easement shall be ten (10) feet in diameter surrounding the well, 5 feet from all sides of any storage tank and 10 feet, 5 feet either side of centerline of any and all pipelines as are installed and in place. This includes necessary underground area for the buried portions of all items. In the event that any gates, well houses, or other parts of the well, storage tank and pipelines and its appurtenances are locked for security purposes Lot 2 owner shall be provided with a key and shall not otherwise be restricted from access. The easements granted herein shall be for the benefit of Lot 2 only and shall expire if the use of the well expires by reason of the drilling and use of a new well by Lot 2. Lot 2 shall only have access to the well and waterline for operation, maintenance, repair, and replacement of the well, pump pipelines, storage tank and appurtenant facilities for the use of those facilities and shall not use this easement for any purpose unrelated thereto. No Iandscaping other than shallow rooted grasses, bushes and plants shall be placed in the easement by Lot 1 owner to avoid interference with the well and all buried facilities. Nothing herein shall be deemed to create a merger or terminate this easement should both Lots be owned in common and thereafter sold to separate persons. 3. Well Rights Appurtenant to the Property. No right of use or interest in the well shall be transferred apart from the Lots identified herein. All Lot Owners connected to the well shall each solely own pipelines and storage tanks and any other appurtenant facilities installed for their sole use. 4. Watering of Domestic Animals and irrigation limitations. Use of water for animals is allowed for Lot 1 only and in that case as per the WDWCD contract and well permit (as either or both may be amended) however such use shall be accomplished in a conservationist manner. If any stock tanks or watering troughs are used, such troughs shall be filled no more than four times per day and shall be heated if necessary for use in the wintertime. Irrigation of the land shall be accomplished as follows only: Lot 1: Monday, Wednesday and Friday from 9 p.m. until 6 a.m. and Lot 2: Tuesday, Thursday and Saturday from 9 p.m. until 6 a.m. The purpose is to preserve the pumping limitation of the well for domestic use. 5. Water Treatment. The Lot Owners shall be aware that well water is not subject to state water treatment regulations, and therefore use of water is at each Lot owner's individual risk. Any water treatment shall be at the sole discretion of each Lot Owner at their property. 6. Repair of Water System. In the event that any maintenance, repair, replacement or improvement is necessary to continue water service and cannot be agreed upon in a timely manner then either Lot Owner, if a user of the well, shall be entitled to undertake such maintenance, repair, replacement or improvement necessary and essential to allow continued water service. In the event that any Lot Owner decides to undertake any such work absent the consent of any other Lot owner, he/she shall notify the other Lot Owner immediately without delay in writing. The Lot Owner undertaking the work shall, upon completion, provide the other Lot Owner with a written statement of the work performed including all receipts for work performed and an allocation of each other lot owner's share of the costs. In the event that emergency repairs are required, before undertaking any such work each Lot Owner will attempt to contact the other Lot owner by phone prior to incurring any expenses for such repairs. Bills Lloyd -Well Sharing Agreement 2 Lloyd Minor Exemption Well Sharing Agreement Page 3 111 P:1910.111Dilkil 11111 Reception#: 816067 03119!2012 11:27:16 AM Jean Alberico 3 of 5 Rec Fee:$31.00 Doo Fee:0,00 GARFIELD COUNTY CO for emergency repairs shall be allocated among the Lot owners in the manner set forth below for payment of joint expenses. 7. In-house uses preferred; no waste. In-house use of water from the Well shall take precedence over use of water for irrigation. In the event of a shortage, both Lot owners shall cooperate and shall reduce their uses accordingly to conserve water. No Lot owner shall be entitled to waste water, and each Lot owner shall exercise prudence and conservation in the use of water in order to allow for the efficient and beneficial use of the Well. 8. Operation and Maintenance Expenses. The two Lot Owners served by the well shall each pay a pro -rata share of the costs of the West Divide Water Conservancy District Contract, well permit fees, water administration fees, maintenance, operation, electricity, repair, and replacement of the well, pump(s) and appurtenant facilities, common water lines and all other common water facilities. Such shall be divided according to the number of residences actually allowed by the permit and WDWCD contract. If there is only one residence per lot then the contract fee shall be divided equally for the domestic and irrigation use and Lot 1 shall pay the costs for any livestock. If Lot 1 has two residences thea the contract fee will be divided with lot 1 paying 2l3rds and Lot 2 paying 1/3`d of the domestic and irrigation costs and lot 1 shall pay for the livestock portion. To the extent practicable, the use of electricity shall be monitored via a separate meter or an "hour meter" to be attached to the electrical line to the well pump. Such meter wilt allow records to be kept of electrical consumption each year. If any Lot is not hooked onto the Well, the owner(s) of such Lot shall not be obligated to contribute towards daily operational expenses, but shall be responsible for all repair and replacement costs. If any Lot is hooked onto the well but has not yet commenced service, no electricity costs shall be assessed against that Lot owner. In addition, each Lot Owner shall be exclusively responsible for the costs of installation, operation, repair or replacement of any facilities used solely by that Lot, including individual service lines and any individual storage tanks. If a separate hour meter is not connected to the well to measure the electricity usage then the amount of usage shall be estimated by the owner of Lot 1 and Lot 2 shall pay for the estimated cost of electricity estimating the monthly costs based upon the previous years electrical costs for the well. 9. Collection of Joint Expenses. The owner of Lot 1 shall levy and collect from the owner of Lot 2 his share of common expenses for the well, electricity, WDWCD contract, maintenance and repair expenses, or other common expenses. The owner of Lot 1 shall present for payment a statement of expenses with copies of all invoices for said expenses incurred to Lot 2 owner. In the event that the owner of Lot 2 fails to pay his share of common expenses within thirty (30) days of presentment of a statement, interest on the unpaid amount shall accrue at the rate of eighteen percent (18%) per annum, beginning thirty (30) days after presentment. In the event that the owner of Lot 2 fails to pay any amount due, including any accrued interest, within six months from the date of presentment for payment, water service to the delinquent Lot Owner may be discontinued. However, notice shall first be given to the non-compliant Lot Owner by certified mail sent no less than thirty (30) days prior to termination of service to the address set forth in the County Assessor's records of the delinquent Lot owner. Any Lot owner that has paid the delinquent Lot owner's share of costs and expenses shall be entitled to pursue any remedy available at law or in equity for a breach of this Agreement. Reasonable attorneys' fees and Lloyd -Well Sharing Agreement 3 Lloyd Minor Exemption Well Sharing Agreement Page 4 11111E6 11:11#111.1441,1#11 P061•11:Wellitifi 11111 Receptionit. 818087 03!1912012 11:27;16 AM Jean Alberioo 4 of 5 Rec Fee:$31.00 Doc Fee:0.00 GARFIELD COUNTY CO costs incurred by such Lot Owner in the process of collecting any amount due from any another Lot owner pursuant to the terms of this Declaration shall be paid by the delinquent Lot Owner. 10. Separate Well. Under the current law and interpretation thereof, Lot 2 may obtain a permit and drill its own well as long as it has its own WDWCD contract in effect. Lot 1 may at any time request that Lot 2 drill its own well and obtain its own WDWCD contract for its own use and after obtaining a contract, well permit and successful drilling of a separate well, Lot 2 shall disconnect from the Well on Lot 1 property and this Declaration shall become null and void. Any new well to service Lot 2 shall be no less than 100 horizontal feet from the location of Lot 1 well. Should the Owner of Lot 2 not be able to drill a new well due to legal or water availability constraints it shall be entitled to continue to use the Well. A new well shall be drilled within two years of written request by the owner of Lot 1 or at the time of purchase of Lot 2 by any new owner. 11. Amendment. This Declaration may not be modified, amended, rescinded, cancelled or terminated, in whole or in part, except upon the written consent of the Lot owners. Such consent shall not be unreasonably withheld by any owner and shall be set forth in a written instrument recorded in the office of the Clerk and Recorder for Garfield County, Colorado. 12. Term. Unless otherwise cancelled by Lot 2 after the owner disconnects from the Well and this agreement terminates in accordance with the terms of this Declaration and any amendments hereto, it shall remain in effect in perpetuity. 13. Validity The invalidation of any portion of this Declaration by judgment, court order or otherwise shall not affect the validity of any of the other provisions herein. 14. Headings The headings for the paragraphs herein are for reference only and are not part of, and shall not define, limit, amplify, change or alter any term, covenant or condition herein. For the purposes of this Declaration, the neuter gender includes the feminine or masculine, and the singular number includes the plural, and the word "person" includes a natural person as well as any legal and/or statutory entity. 15. Right to enforce No failure to enforce any right established in this Declaration shall be deemed a waiver of a subsequent enforcement of such right. This declaration shall be construed so as to give validity to all of its provisions. IN WITNESS WHEREOF, the undersigned Declarants have executed thi Well Sharing Agreement on the date first written above. DVIDPEG i By: Lloyd -Well Sharing Agreement B 4 Lloyd Minor Exemption Well Sharing Agreement Page 5 ■III 1W6PhiNi14,131 liA PIE1011WI itlii6tl WAIN 11111 Reception#; 816067 03/19/2012 11:27:16 RM Jean Albertoo 5 of 6 Rec Fee:$31.00 Doo Fee:0.00 GRRFIELD COUNTY CO David Pegg Fiona Lloyd, Owner STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) cRoIa Acknowledged, subscribed, and sworn to before me this ?4f7 day of October, 2011, by Fiona Lloyd and david Pegg. WITNESS my hand and official seal. My Commission expires_ a * la . Notary Public Lloyd -Well Sharing Agreernenl 5 L020 From: Adams, Karlyn To: Kathy A. Eastley; cc: Martellaro, Alan; Rubin, Edward; Subject: Lloyd Minor Exemption Comments from DWR Date: Thursday, August 04, 2011 4:26:53 PM Kathy, We have reviewed the above referenced proposal to divide, by exemption, a 10+ acre parcel into two lots: Lot 1 will be 8.06 acres and Lot 2 will be 2.24 acres. The applicant proposes to supply both lots with an existing well operating under well permit no. 64912-F. Individual Sewage Disposal Systems will be used on each lot. This office will be evaluating this application consistent with SEO Policy 11-1. Permit no. 64912-F was issued on October 3, 2006 for the Thomas Well. This well is to operate pursuant to a contract with West Divide Water Conservancy District and their Silt Mesa Substitute Water Supply Plan or a court approved plan for augmentation. The uses of this well are limited to ordinary household uses inside one single family dwelling and one accessory dwelling unit, the irrigation of not more than 15,000 square feet of home gardens and lawns, and the watering of four head domestic animals. This permit is valid. The applicant proposes to utilize a well sharing agreement between the two parcels. The well uses described in the agreement should not expand beyond those allowed by the existing permit; any such agreement would not supersede the limitations of the permit. Currently, the well sharing agreement indicates that 15,000 square feet of landscape watering will be allowed on Parcel One on odd days of the month and another 15,000 square feet of landscape watering will be allowed on Parcel Two on even days of the month. This proposal would expand the irrigation amount to 30,000 square feet. At no point should the applicant be watering more than 15,000 square feet of home gardens and lawns total. This office requests that the well sharing agreement be amended to read 7,500 square feet of lawn and garden irrigation be allowed per lot, or some variation there to that adds to no more than 15,000 square feet in total. Once this amendment is complete, this office has no objections to the above referenced proposal so long as the applicant continues to operate within the bound of their well permit and their contract with West Divide. Please contact me at this office if you have any questions. Sincerely, Karlyn Adams Water Resource Engineer Colorado Division of Water Resources 1313 Sherman Street, Suite 818 Denver, CO 80203 (303) 866-3581 office (303)866-3589 fax ...Mill kktit +! .)7,5)V 7,( 1.$14- Map ID #SG Date Activated 9/21/06 WEST DIVIDE WATER CONSERVANCY DISTRICT APPLICATION FOR ASSIGNMENT OF OWNERSHIP Water Allotment Contract #S06092 INTO') Date: Name of Contract Holder: JERRY D. and NANCY L. THOMAS Natne and Address of Assignee: FIONA LLOYD and DAVID PEGG 1491 COUNTY ROAD 237, SILT. CO 81652 Telephone Number: Amount of Water Assigned in Acre Feet: ONE Legal description of parcel where welt is located: TOWNSHIP 5 SOUTH, RANGE 92 WEST OE 'TILE 6nr P.M, SECTION 25: NWI/4SE I /4SW1/4. ALSO KNOW AS LOT 1, PEACH VALLEY ORCHARD ACCORDING TO THE PLAT THEREOF FILED JANUARY 25, 1909 AS DOCUMENT NO. 36474. COUNTY OF GARFIELD, STATE OF COLORADO, Recording Information of Memorandum of Water Allotment Contract: County Book Reception No. Page The undersigned Contract Holder and Assignee do hereby give notice to and make application to West Divide Water Conservancy District for the assignment of the above described Water Allotment Contract. 13y signing this instrument, Assignee does hereby agree to assume and be bound by the terms and conditions of said Water Allotment Contract and all addenda and exhibits thereto. It is understood that Contract Holder is released from performance under said contract to the extent that such performance has been hereby assumed by Assignee. Signed the•date first appearing above, f i ..L• Y D. T S NANCY L. THOMAS FIONA LLOYD DAVID PEGG STATE OF COLORADO ) ) ss. COUNTY OF Lel -).. )t n _ The iregoing instrument was acknowledged before me on this day of .,m;1, r ZtA"t_i "Lr —, 2 JERRY D. THOMAS' and NANCY L. THOMAS. Witness my hand and official seal. My commission expires: c: 7 /', ?c. ,,,..r.,(_...-.-_-, , µ""ms ss. Nt ta'"ry': Public . JACQUE LAMAN STATE OFNOTARY PUBLIC ) 5TA71 OF COLORADO COUNTY OF ttl�c«r.Es The foregoing instrument was acknowledged before Inc on this day of"" , 20_ _, by FIONA LLOYD and DAVID PEGG. Witness my hand and official seal. My commission expires: by watertdwcd.org wdwcd.org September 21, 2006 Jerry D.andNancy L.Th 8617 County Road 2 New Castle, CO : I 7 Dear Mr. WEST DIVIDE WATER CONSERVANCY DISTRICT 109 WEST FOURTH STREET P. O. BOX 1478 RIFLE, COLORADO 81650-1478 Mrs. Thomas: 1/4.,,c1 CCD 7 a. Tab Tel 970425-6461 Fax: 970-625-2796 6 Enclosed is your approved contract #SO6O921.TNT(a). Please read the contract carefully if you lfave not already done so, but please especially note paragraph 2 concerning availability of water. West Divide obtains its augmentation water from a number of sources and operates its water supply program pursuant to a Temporary Substitute Supply Plan ("TSSP")approved annually bythe State Engineer' s Office. TSSPs are common for water conservancy districts and West Divide las operated pursuant to a TSSP for several years with no significant reliability issues. Federal policy relating to endangered species, environmental concerns, and forces of nature are always such that no source of water can be guaranteed durin any season or from year to year. West Divide continues to make good -faith efforts to obtain alternative long-term supplies in an effort to Hulce reliable and predictable the water supply anticipated by your contract with us. For mast years, we expect to be successful in these efforts. This water allotment contract may require you to obtain a well permit from the State Engineer's office. Once your well is drilled you are required to install a measuring device and submit a meter reading to West Divide, upon request. Non-compliance with measuring and reporting requirements are grounds for cancellation of your water allotnnent contract with West Divide, This could result in action by the State Engineer which could prevent your further use of your well. Sincerely yours, Janet Maddock Enclosure cc V 6ivision No_ 5 Water Resources w/enclosure Kerry D. Sundeen, Hydrologist w/enclosure Samuel $. Potter, President Keay Caney, Vice President Robert J. Zanella, Secretary LaVeme Starbucic, Treasurer Bruce E. Warnpier, Director Name of Applicant: Contract #S060921JNT(a) Map # S6 Date Activated 9/21/06 WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT Quantity of Water in Arae Feet: Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of C.R.S . 1973, §37.45-1O1, et_seq., thereinafter referred to as the District") for an allotment contract to l n facially and perpetually use water or water rights owned, leased, or hereafter acquired by the District By execution of this Con tract 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 suppleinentexl and augmented by water !naval herein. tfApplicant intends to divert through a well, it must be understood by Applicant that no right to dual exists until a valid well permit 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 Applic'ant'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 ofApplicant up to said quantity ars acre feet per year of storage water owned or corttrolted by the District 11 is understood that any quantity allotted from direct Flow, storage Or otbe rwiae, 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 sours. Any quantity allotted will only be provided so long as water is available and the Applicant fullycxsmplies with a J of the tenor and conditions of this Contract. The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may he dependant on the consent of the Colorado River Water Conservation District If at any time the Applicant determines it requires less water them the amoustt herein provided, Applicant may so notifythe District in writing, and the amount ofwirter allotted ander this Contract shalt be reduced permanently manently in eemrdarticc with such notice. Rates shall be adjusted accordingly in fallowing water years only. 3. Beneficial Use and Location of Beneficial Uwe: Anyaod all water allotted Applicant bythe District shall be used for tlx following beneficial use or uses: industrial, municipal, domestic and related uses, or cosnrnercial (except for commercial use from ALsbury Resta oir and 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 °fatty and an water allotted shall be within of through facitities or upon land owned, leased, operated, or under Applicant's control. 4. Ike and_pelivery: Exchange releases mate by the District out of storage float Ruedi Reservoir, Green Mountain Reservoir, Alsbury 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 ofsaid stomp facilities or at the decreed point ofdiveraion for said other sources, and '*ase or delivery of water at such outlet or points shall constitute performance of the District's toted obligation. Delivery of water by the District from R uadi Reservoir or Green Mountain Reservoir shall be subject to the Dishicx's lease contracts with the United States Bureau of Rcclarnstion. Releases tom other facilitica available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. om. Furthermore, the District hercbY 1 expressly reserves the right to score water and to slake 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 bysaid action. Any quantity ofthe Applicant's allocation not delivered to or used by Applicant by the end of each water year (October 11, shall revert to the water supplies of the District. Such reversion she not entitle Applicant to any refund of payment made for such water. Water service provided by the. District shall be limited to the wnount of water available in priority attheoriginal point ofdi'ersiun 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 ctfdiversion, The District shall request the Colorado Division of Water Resources to estimate any conveyance losises between the original point and any alternate point, and such estimate shall be deducted from this amount in each case. Water service provided by the District for properties located within the Bluestone and Silt Water Conservancy Districts is provided pursuant to Agreements with said Districts. The Intergovernmental Agreement between the District and the Silt Water Conservancy District, dated January 25. 2001, is recorded its Reception No. 575691, Garfield County Clerk and Recorders Office. The Intergovernmental Memorandum of Understanding between the District and the Bluestone Water Conservancy District, dared April 26, 2001, is recorded as Reception No. 54810, Garfield County Clerk and Recorder's Office. 5. Alternate Point of Diversion and flan of Augmentaiion: 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 maybe 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 fur any changes in water rights contemplated herein, and further agrees to indemnify ih.c District from any costs or tosses related thereto. Applicant is solely responsible for providingwotks and facilities necessary. to obtainldivert the waters at said alternate point of diversion and deliver therm to Applicant's intended beneficial use. Irrespective o f the amount of water actually transferral 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. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereuntder, 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 Payment! Non -ref lindabl e. one time administrative charge, R the amount determined by the Board of Di roams 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 of notice to the Applicant that the initial payment is clue. Said notice will advise the Applicant, among other things, of tho water delivery year to which the initial payment shall apply and the price which is applicable to that year. Annual payments for each year then:idler shall be due and payable by the Applicant on or before each January 1, if an annual payment is not made by the due dale a flat S50 late kc will be assessed. Final written notice prior to cancellation will be sent certi fid mail, rtturn receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set fonts in this Contract or Application. Water use for any part ofa water year shalt require payment for the entire water year. Nothing herein shall be construed so as to prevent the E)istrict 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 without further notice, and delivery may be immediately curtailed. The allotment ofwater, ccs 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 with the District, the District shall notify the Division of Water Resources Mike; 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 arty 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 anywaler rights and adjudication necessary to allow Applicant's use of such allotted water rights. g. Assignment, Th C on I ram skill! not inure hp the benefit rif the heirs, successors or assigns of Applicant. without the prior written consent attic Districts Board of Directors. Any assignment of Applicant's rights under this Contract shall be subject to. and must comply with, such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors. Nothing herein shalt prevent successors to a portion of Appl'icant's property tiom applying tattle District for individual and separate allotment Contracts. No assignrnent shall be recognized by the District except upon completion and til ing ot'proper €Darns for assignment anti change nFttiwnrrship. 1ti the event the water allotted pursuant to this Contract is to be used for the benefit of land which is now or will subsequently be subdivided ur held in separate ownership, the Applicant rnayonty assign the Applicant's rights hereunder to: 1) No more than three separate owners all VI' whom shalt be party to a well sharing agreement satisfactory to the District; ort) A homeowners association, water district, water and sanitation district or other special district properly organized and existing under thelaws of the State of Colorado, and then, only if such panics, association or special district establishes to the satisfaction of the District that it has the ability and authority to perform the Applicant's obligations under this Contract. In no event shall the owner ofa porion, but less than alt, of the Applicant's property to be served under this Contract have any rights hereunder, except as such rights may exist pursuant to a well sharing agreement or through a homeowners assoeiation or special district as provided above. 1 ipon the sale of the real property to which this Contract pertains, Applicant shall make buyer aware of this Con tract and proper forms for assignment and 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 rotes and regulations of the Board of Directors of the District, and all amendments thereof and supplements thereto and by all other applicable law. 10. Operation and Maintenance Agreement: Applicant shall enter Inman "Operation and Maintenance Agreement° with the District under terms and conditions determined by the board ofDirvctors of the District, ifand 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 far additional annual monetary 3 corfsiderution for extension of District delivery services and for additional administration, operation, and maintenance costs; or for ©then costs to the District which may arise through services made available to the Applicant. 11. Change of Use: The District reserves the exclusive right to review, reapprove or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 12. Ilse and Place of Use:. Applicant agrees to use the water in the manner and on the property described itt the documents submitted to the District at the time this Contract is executed, or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, shall be deemed to be a material breach of this agreement. 13. 'Title: it is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal fee title intermit in or to any water or water tights referred to hereat. 14. Conservation; Applicant shall use commornty 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. 5. Restrictions: Applicant shall restrict actual diversions to not exceed the contract amount for ordinary household purposes, the watering of domestic livestock, fire protection, and the irrigation of lawn and garden as specified in the Application. Applicant shall also comply with all restrictions and limitations set forth in the well perrnit obtained from the Colorado Division of Water Resources. Watering of livestock shall be restricted to Applicant's domestic animals not to be used for commercial putposes unless Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestock watering, provided that in no event shall actual diversions exceed the amount of water provided by this Contract. Violation of this paragraph 15 shall, be deemed to be a material breach of this Contrattt. 16. Well Permit; If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicants 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 measuring device deemed acceptable by the District's Engineer after consultation., or a totalizing flow meter with remote readout to continuously and accurately measure at all times ail water rliverted pursuant to the terms of Applicant's water right and the terms of this Contract. Applicant agrees mss provide accurate readings froth such device or meter to District upon Districts request. Applin nt 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 of Water 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. 4 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL WEST DIVIDE WATER CONSERVANCY DISTRICT WATER USE ESTIMATES APPLICANT: Jerry D. and Nancy L. Thomas DWELLING UNITS: 2 IRRIGATE© AREA (SQ FT): 15000 NO. OF LIVESTOCK: 4 ELEVATION (MSL): 6000 1 2 3 4 5 Contract Amount w/ 5% transit Loss = -scan a 3e✓1:?4Rsr.•y' -rt 35 1 4'7 (63 (7) ! l ',fee( 0.84 acre feet (i. C0- (32 , SS 42) 523. cie/ 9 (12) In House Diversion per Unit (AD h House C.U. per Unit (AF) frrigatIon Diversion (ft) Irrigation C.U. (ft) fn House . Diversion (AF) In House C.UjAF) irrigation Diversion SAF) irrigation C.U. (AF) Livestock Diversion & C.U. (AF) / Total Diversion (AFS Total C.U. (AF) Total Contract Amount (AF) 0.029 0.004 0.06 0.01 0.00 0.00 0.00 0.064 0.013 0.013 0.026 0.004 0,05 0.01 0.00 0.00 0 00 0.058 0.012 0.012 0.029 0.004 0.06 0.01 0.00 0.00 0.00 0.064 0.013 0.013 0.028 0.004 0.049 0.039 0.06 0.01 0.02 0.01 0.00 0.080 0.026 0.027 0.029 0.004 0.364 0.291 0.06 0.31 0.13 0.10 0.00 0.195 0.113 0.119 0.028 0.004 0.526 0.421 0.06 0.01 0.16 0.14 0.00 0.253 0.157 0.165 0.029 0.004 0.568 0.454 0.06 0.01 0.20 0.16 0.00 0.270 0.169 0.178 0.029 0.004 0.445 0.356 0.06 0.01 0.15 0.12 0.00 0.225 0.135 0.142 0,028 0.004 0.316 0.253 0.06 0.01 0.11 0.09 0.00 0.177 0.099 0.104 0.029 0.004 0.081 0.065 0.06 0.01 0.03 0.02 0.00 0.094 0.035 0.037 0.028 0.004 0.05 0.01 0.00 0.00 0.00 0.062 0.012 0.013 13.029 11.004 0.06 0.01 0.00 0.00 0.00 0, 4 0.0113 0.013 0.336 0.050 24349 1.879 0.67 0.10 0.81 0.65 0.05 1.607 0.797 0.837 (1) (2) (3) (4) (5) (6) 300 gairons per day per residence. 15% consumptive use for *DS Systems 80% irrigation efficiency for sprinkler systems Blaney Criddle assessment with Pochop adjustments Column (1) number of dwelling units Column (2) * number of dwelling units Column (3) ' irrigated area in acres Corwin (4) ` Irrigated area in acres Livestock vse at 11 gallons per head per day (99CW32D) Column (5) , Column (7) + Column (9) plus 5% transit loss Column (6) + Column (8) + Column (9) Column (11) plus S% transit loss Water Use Estimates.xis 911 7;2046 s � 13. ]{eprrsentat Oft : 13v eft c:ul inu this Contract: Appliranr toffees that itis our relying ng un Lilly lc 'al or engineering f tviLc that Applicant may believe hasbeen received from the District. Applicant further acknowledges that it has obtained all necessary legal and Appli pp engineering advice from Applicant's own Sources other than the District, Applicant timber acknowledges that the District makes no guarantees. warranties, or assurances whatsoever about the quantity Or quality of water available pursuant to this Contract. Should the District he unable to damagesprovide the water contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund from the District. 19. Cots aWarCr port Pi Fitment' Artr?ntentatian Pian: Should the District, in its own discretion, choose to include Applicants Contract herein in awatcrcourt filing for alternate paint ofdiversion or plan of augmentation, then Applicant 'hereby agrees to paytottte 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 iota) cost incurred by the District ill preparing; tiling and pursuing to decree the water court case. The pm -rata share shall be calculated by dividing such total cost by the number ofcontractees included in the filing. To the extent that the Di:ticl is caused additional costs because of objection Hied specifically due to rhe inclusion of Appl icant's Contract in the tiling, such additional costs may be charged specifically to Applicant and not shared on a pro -rota basis by all contractees. ZQ, Binding Agreement; This a2recment shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application to Lease Water FromWest Divide Water Conservancy District" fully completed by Applicant and approved by the District's engineer. Said attaehmcnt.s shall by this reference thereto be incorporated into the terms ofthis agreement. MI correspondence horn the District to Applicant referring to or relating to this agreement is by this reference incorporated into this agreement as further terms and conditionsnf this agreement. 21. Warning; rr IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER.WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING TILE WATER ACQUIRED UNDER THIS CONTRACT . 1T IS THE 11 CONNrJING DUTY OF WE APPLICANT MAINTAIN THP VALIDITY OF T1 [b WELL PERMIT OR WATER RIGHT INCLUDING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING TEE WATER "f0 BENEFICIAL USF. ON A RIIOII EGULAR BASIS WITT WASTE. 22. AREA Ii..CONCRL5CTS: IP'APPLICANT'S WELL OROTHER WATERRICHT I THAT IS SUBJECT OFTHIS CONTRACT 15 LOCATED OUTSIDE AREA A" AS DESIGNATEDBY THE DISTRICT, THEN 'THIS PARAGRAPH APPLE THE AUGMENTATION WATER PROVIDE[) BY THE DISTRICT UNDER THIS CONTRACT MAY ONLY PROTECT APPLICANTS WATER RIGHT FROM A CALL ON THF COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER SENIOR RIGHT. NO REPRESENTATION OTHERWISE 1S MADE L3Y'FI-lE DISTRICT. IF THIS IS A CONCERN 'TO APPLICANT, THIS CONTRACT MAY BE RESMDti{)UPON WRITTEN NOTICE DELIVEREL) f()THE DI'TRICTBYTHE APPLfCANTWrH NTHE NFX"T' mikAia FOLLOW' G THE AI F1X TNG OF SIGNATURES ON THIS CONTRACT IN WIIICH EVENT ALL SUMS PAID BY APPLICANT FOR THIS CONTRACT SHALL BEIM Z'ELY REFUNDED TO.A1 APPLICANT. E 5 , STATE OF COUNTY OF The foregoing ())0 instrument ) ss. was acknowledged before me on STATE OF G�)o COUNTY OF "Rte foregoing instrumcat L ! this M))day of Witness my hand and official sea„ My commission expire was acknowledged before me on this Notary Public .115\C\day of (MIL(W„Witness my hand and official seal. My commission c ORDER After a hearing by the Board of Directors of the West Divide Water Conservancy District on the Application, it is he Application be granted and this Contract shall be and is accepted by the District. Notary Public WEST DIVIDE WATER CONSERVANCY DISTRICT President Dale This Contract includes rrttd is subject to the terms and conditions of the following documents which roust accompany this Contract: ). Map showing location of point of d+wcrsion (use map provided) 2. Application and Data Form fully completed And signed The printed portiord of Ibis fnrrn, estept differentiated addttion_s or deleliaas,>iarr tteeo approved nod adopted by the Weal M ide Water Conservancy Dittrtet- Fn rot # W I) W CD 0 5090! cONT ti.4 CT. 6 Form No. GWS -f t 61200(? STATE OF COLORADO OFFICE OF THE STATE ENGINEER 818 Centennial Bldg,, 1313 Sherman St., Denver, CO 80203 Phone -- Info: (303) 866-3587 Main: (303) 866-35B1 Fax: 303 866-3589 http:llwww.water,state.co.us CHANGE IN O "INLPSI 111 "DDRESa CORRECTION OF THE WELL LOCATION Review instructions on the reverse side prior to completing the form. Name, address and phone of the person claiming ownership of the well: NAME(S): Fir n,_v yj> Mailing Address: c,E ? i-7 City, St. zip: S, (, ('c> ► � z Phone ( `fl12 C7k cce.2,1 1 For Office Use Only RECEIVED JAN i2 9 200/ WATER RESOURCES STAVE ENGINEER COLO This form is filed by the named individual/entity claiming that they are the owner of the well permitted as referenced above. This filing is made pursuant to C.R.S. 37-90-143. 1 WELL LOCATION: Well Permit Number: 8;,/-1_2776440 Receipt Number: County Owner's Well Designation (optional) v46(--L- C `JG `' (Address) (City) (State) (Zip) 5 e., 1/4 of the 1t•) 114, Sec. .:7.-r, , Twp. 5 D N. or 0 S., Range cIZ (,,,J E. or ®W., (IIx71-1 _ P.M. Distance from Section Lines: l /Li Ft From [J N. or g) S., l ` ? 0 Ft. From 0 E. or; J W. Line. Subdivision Name t t. t •t-1 Vr--4 O C�1A-�i L Lot j Block , Filing/Unit-U.-4,17V The above listed owner(s) say(s) that he, she (they) own the well described herein, The existing record is being amended for the following reasons: Change in name of owner ❑ Change in mailing address 0 Correction of location for exempt wells permitted prior to May 8, 972 and non-exempt wells permitted before May 17, 1965. Please see the reverse side for further information regarding correction of the well location. I (we) claim and say that (we) (are) the owner(s) of the well described above, know the contents of the statements made herein, dhd state that to -y are true to my (our) knowledge. • Signatures) o e per Please print the Signer's Name & Title F orSA L1.01 town t'V(rtr this well to complete and sign the farm. Signatures of agents are acceptable if an owner is attached to the form upon its receipt. For Office Use Only It is the resp ori.inat le Co',, ity of thZ""n:t' .T enc si•ned b t Tb a to U! 1215)0'7 State Engineer By AC.`CEPTEDASA CHANGE IN OiNERS1-ill AND•ORs`yi;,i's.tl,, 1 -2,9 ,07 I Date Form' No. OFFICE OF THE STATE ENGINEER GWS -25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial 9ldg., 1313 Sherman St., Denver, Colorado 80203 (303) 86O-3581 APPLICANT JERRY D & NANCY L THOMAS 8617 COUNTY ROAD 145 NrW CASTLE, CO 81647- EXST WELL PERMIT NUMBER 64912 -F DIV. 5 WD 39 DES. BASIN MD Lot: 1 Block: Filing: Subdiv: PEACH VALLEY ORCHARD (970) 984-2208 CHANGE/EXPANSION OF USE OF AN EXISTING WELL APPROVED WELL LOCATION GARFIELD COUNTY SE 114 SW 114 Section 25 Township 5 5 Range 92 W Sixth P.M. DISTANCES FROM SECTION LINES 1245 Ft, from South 1820 Ft, from West Section Line Section Line UTM COORDINATES (Meters,Zone:13,NAD83I Eesting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER 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 thls permit does not ensure 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 th}s 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 Slate Board of Examiners of Water Well Construction and Pump Installation Contractors io accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the use of an existting well;appropriating ground water tributary to the Colorado River, on tee condition that the well shalibe operated only when the West Divide Water Conservancy District's, Sill Mesa Substitute Water Supply Plan, approved by the State Engineer (based on the filing of case no. 05CW295, Division 5 Water Court), 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 waver is in effect, or under an approved plan for augmentation. This well Is aceounted for under WM./CD contract feeM060921,JNT(a). 4) Approved as a well on a residential site of 10.18 acres) described as loll, Peach Valley Orchard Subdivision, Garfield County. Further Identified as 1481 County Road 237, Silt, CO 81652. • Approved for the installation of a pump in, and the use of, an existing well, constructed on February 6, 1975, to a depth of 430 feel, under permit no. 77548 (canceled). lssuaneC of this permit hereby Cancels permit no.77548, 6) The use of ground water from this welt is limited to ordinary household purposes inside one ti) single fancily dwelling and cne (1) accessory dwelling unit, the irrigation of not more than 15,000 square feet (0.34 of an acre) of home gardens and lawns, and the watering of lour (4) head domestic animals. All use of this well will be curtailed unless the water allotment contract ora plan for augmentation is in effect. This well is known as Thomas Well. 7) The pumping rale of this well shall not exceed 15 GPM. 8) The average annual amount of ground water to be appropriated shall not exceed 1.607 acre-foot (523.641 gallons). 9) The owner shall mark the well in a conspicuous place with welt permit number(s), name of the aquifer, and court case numbers) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 10) This well shall be located not more than 200 feet from the focaUon specified on this permit. 11) 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. NOTE; Canceled permit no 77548 was previously issued for this parcel. f% NOTE: Parcel Identification Number (PIN): 23-2127-253-00-065 / -3 NOTE: Assessor Tax Schedule Number: R008117 APPROVED DMW ',Receipt No. 9502651 gel 4\ Slate Engineer By DATE ISSUED 10-03-2006 EXPIRATION DATE 10-03-2007 CO.LORAD:ORW1� ENOINEERING IFC(73; Pqi{ ATI'.0 June 25, 2011 Ms. Fiona Lloyd 1491 County Road 237 Silt, CO 81652 RE: Job #888 — Lloyd Subdivision - Water Supply Review Dear Ms. Lloyd: As requested, Colorado River Engineering, Inc has completed a review of the existing water supply serving two residences at your Silt Mesa property. The water supply consists of a well, pressure tank, and water distribution pipelines. It is our understanding that you intend to subdivide the property into two parcels, with the existing water supply continuing to serving the two residences. It is our opinion that the existing water supply has adequate quantity and dependability for the proposed uses. The water quality should be improved through point -of -use treatment to provide suitable water for internal consumption. In support of our work we are attaching the following documents; • WDWCD Contract/Ownership Assignment • Well Permit 64912/Ownership Change • We1I Completion and Test Report • Water Quality Results Table • Water Quality Laboratory Results Legal Supply The legal supply for the well is provided by a West Divide Water Conservancy District (WDWCD) Contract #SM06092IJNT(a) with subsequent ownership assignment, copy attached. The WDWCD Contract provides for the domestic uses for 2 -dwelling units, the irrigation of 15,000 sq. ft. (0.34 -ac), and the watering of 4 -head of livestock. Based on the WDWCD approved water use estimates, the peak monthly diversion of 0.270 -acre feet (af) occurs during the month of July. The calculated average daily diversion for the month of July is 2,835 -gallons per day (gpd) or 2.0 gallons per .minute (gpm). The existing well is known as the Thomas Well and is permitted with the Colorado Division of Water Resources as Well Permit Number 64912, copy attached. The Well Permit limits correspond with the uses identified in the WDWCD Contract. Well Construction The well was constructed and completed to a depth of 430' by Collins Drilling Company on February 6, 1975. The well was constructed into overburden and shale with water encountered at 410' below the surface. Plain 5-1/2" casing was installed to a depth of 390' with perforated 5-1/2"casing installed between 390' and 430'. A copy of the Well Completion and Test Report is attached. The static water level was recently measured at P.O. Box 1301 • Rifle. CO 81650 • Tel. 970-625-4933 • Fax 970-625-4564 E N 6 1 N E E R I N 6 UUCOItVUI;AfL;u approximately 1' below the top of the casing. A % hp well pump capable of producing at least 15 -gallons per minute (gpm) is reported to be installed in the well. Well Yield Test A well yield test was conducted by Colorado River Engineering from April 26 to April 27, 2011. A water metering and flow regulating apparatus was connected to one of the yard hydrants on the water distribution system. The yard hydrant was opened and water was allowed to flow through the metering apparatus for 24 -hours. Monitoring of well water level drawdown, water level recovery, and collection of water quality samples occurred during the yield test. The average water production rate over the test period through the test apparatus was approximately 2-gpm. A total of 2,880 -gallons of water were measured through the metering apparatus, In addition to the water measured for testing purposes, the normal water demands for the two residences were satisfied by the well during the yield test. At the start of the test, the water level in the well was observed to decline approximately 2' during a typical pump cycle and to recover to -nearly the initial static water level of 1' below the top of the casing before each new pump cycle began. Towards the end of the yield test, the water level in the well was observed to fluctuate between approximately 4'- 3" and 6'-6" below the top of the casing during each pump cycle. Within the first hour following the cessation of pumping, the water level recovered to approximately 3'-4" below the top of the casing. After nearly 24 -hours following the cessation of pumping, the water level was observed to have recovered to 10" below the top of the casing which was 2" above the observed initial static water level. The test shows that the well has significantly more available yield than the projected demands. Recovery data showed the well is recharged and will provide a dependable supply. No .impacts to surrounding ground water resources are expected to occur as proposed use is not expanding over historic conditions. Water Quality' The use of the well for two single family residences does not prompt any water quality testing and monitoring by the Colorado Department of Public Health & Environment (CDPHE) under the Colorado Primary Drinking Water Regulations. However, tests were conducted to meet items identified in the Garfield County Land Use Code Section 7- 104.B.2.d which includes inorganic contaminants "heavy metals", asbestos, nitrate/nitrite, sulfate, bacteria, and radiological parameters. Secondary standards for items such as taste and odor were not tested. Several of the above noted water quality parameters were analyzed as part of a baseline water quality study conducted on behalf of Antero Resources. The "Antero" samples were collected by LT Environmental, Inc. on October 18, 2010. Since all of the water quality parameters required by Garfield County were not included in the "Antero" samples, additional samples for the remaining parameters were collected by Colorado River Engineering, Inc. on April 27, 2011. The water quality results for the parameters COLORADO ENGINEERING 1ACV11 PORA TED required by Garfield County are summarized in the attached 'fable 1. Copies of the laboratory results are attached. The recommended primary Maximum Contaminant Level (MCL) for Sulfate is 500 mg/1, with a recommended secondary MCI., of 250 mg/1. The 479.6 nig/l result for the Thomas Well was between these recommended limits. The result of the Uranium analysis for the Thomas well was 32 ug/1, which slightly exceeds the recommend MCL of 30 ugfl. Although not generally required for a private water supply, the level of Sulfate and Uranium in the water could be reduced through the use of a water treatment system. Existing System The existing system consists of a pipeline running from the well to the "original" residence. A tee in the line connects the well to the "auxiliary" dwelling unit. A pressure tank is connected to the pipeline in the "original" residence. The pressure tank and associated pressure switch control the operation of the well pump. When water is used at either residence, the pressure in the pressure tank drops to the lower set point and the well pump is started. The well pump then delivers water into the pipeline and the pressure tank until the pressure rises to the upper set point and the well pump is stopped. Recommendations Due to the location of the well pump controls in the "original" residence, we would recommend that a well sharing agreement be developed to define the terms for access to the wellhead and to the well control equipment for maintenance and repair activities, to define the terms for well usage and water system operation, and to define cost sharing terms. We believe that the water quality could be improved with the installation of point - of -use water treatment equipment at each residence, Installation of water treatment equipment would provide safe drinking water. A kitchen under -sink Reverse Osmosis (RO) based system, could be used to remove the excess Sulfate and Uranium. Conc]usion It is our opinion that the existing water supply has adequate quantity and dependability for the proposed uses. The water quality could be improved through treatment to provide suitable water for internal consumption. If you have any questions, please do not hesitate to call 970-625-4933. Sincerely, Chris Manera P.E. CM:nlh:crn Garco Report 201 t.doc 3 waterttgwdwcd.org wdwcd.org September 21, 2006 Jerry D. and Nancy L. Th 8617 Cotmty Road 2 New Castle, CO : 7 Dear Mr. WEST DIVIDE WATER CONSERVANCY DISTRICT 109 WEST FOURTH STREET P. O. BOX 1478 RIFLE, COLORADO 81$50-1478 Mrs. Thomas: ritCEIVED EP ?:.'06 Tel: 970-825-5461 Fax: 970-625-7796 Enclosed is your approved contract #5060921 JNT(a). Please read the contact carefully if you have not already done so, but please especially note paragraph 2 concerning availability of water. West Divide obtains its augmentation water from a number of sources and operates its water supply program pursuant to a Temporary Substitute Supply Plan CTSSP") approved annually by the State Engineer's Office. TSSPs are common for water conservancy districts and West Divide has operated pursuant to a TSSP for several years with no significant reliability issues. Federal policy relating to endangered species, environmental concerns, and forces of nature are always such that no source of water can be guaranteed during any season or from year to year. West Divide continues to make good -faith efforts to obtain alternative long-term supplies in an effort to make reliable and predictable the water supply anticipated by your contract with us. For most years, we expect to be successful in these efforts. This water allotment contract may require you to obtain a well permit from the State Engineer's office. Once your well is drilled you are required to install a measuring device and submit a meter reading to West Divide, upon request. Non-compliance with measuring and reporting requirements are grounds for cancellation of your water allotment contract with West Divide. This could result in action by the State Engineer which could prevent your further use of your well. Sincerely yours, Janet Maddock Enclosure cc /Division No. 5 Water Resources w/enclosure Kerry D. Sundeen, Hydrologist w/enclosure Samuel B. Potter, President Kelly Couey, Vice President Robert J. Zanella, Secretary LaVene Starbuck, Treasurer Bruce E. Wampier, Director APPLICATION TO LEASE WAFER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT 109 West Fourth Street, P. O. Box 1478, Me, Colorado 81650 Contract #S060921JNT(a) Map # S6 Date Activated 9/21/06 1. APPLICANT INFORMATION Name: Any 13. and Not r L. Thomas Malfog address: 8611 245 Road New Castle. CO 81647 Telephone: 970-98427.08 Authorised agent ' 2. COURT CASE i Decree Case No. Augmentation Plan Cess No. 3. USE OF WATER fD RB31DFNTIAL (ebexk applicable bowl BOttlinaryhouseholduse Numbetofdweltinp. 2 Subdivisioo: No constructed unit; No. vacant lots E7 Hoene gmrdnrliewn Misadon of 4 / AO 4s sq. 11. Mothodofirrigation:Qflaod @spmki r t1drF nether ®� animal watering of 4 animals $Fire Protection Evaporation: Maxgnum water surface to be exp Description of any use, other dun evapo t on, and method of & asaoa, sate of divessims, and annual mato of diversion of any water withdrawn linen the pond Wig Skating Agreemeatfor enrelayple owner walk must be sub>adtled If grrerxerttmar bola awns app&eada4 mast be made madam homeowners sowdaxdon. 0, COMMERCIAL (eMtkappReabk Lyses) Number °Tunics: Tote) sq. fl. of arms: Description of use: Cl INDUSTRIAL Description of use: Enporadoa: Mudaaam water surtax to be exposed: Description of any use, other than evaporation, sated method of ctivism% seine ofdiverdon, end aatanal amount of diversion *limy won witbdawn from dee pond °MURAL Description of use: © DIRECT PUMPING Truer. 4. SOURCE OF WATER Stream: Well Structure Name: Thomas Weft Source: L3Swlace 13Sixage elGraend water Currant Petah 6 77548 (attach copy) 5. LOCATION OF STRUCTURE Seo attached well terrnic Copy Q Sorb= Tovaasktp Rruega Distena of well from section tinea P. M. Elevation: 6000 Well location odd= 1491 County Road 237. Silt (Abatis additional pagesfor mfr.* strvehves) 6. LAND ON WHICH WATER WILL BE USED (Legal description may bsprovided as tar al ant) 7P c7t 0.ch.r� Number of arses in tract 10 in station into Ike District, at Applicant's else, may be mrd 7. TYPE OF SEWAGE SYSTEM El Septic tank/absorption ketch field ()Cenral system GlOdser District name: S. VOLUME OF LEASED WATER NEEDED IN ACRE FELT: 1 (minimum of 1 sac foot maonpt aeon Sow Adsbury Reservoir where a lesser amount is allowed) Provide ex:keeling dem to salpiportwhine of water refae send Camnmdal. ffusaI4 n4 and industrial users must provide ave ton and cornstmptkedata owe as nttit& basis A totrarkkgflow meta -with remotereadmrt is Ne aired to bebrezh1 ad mad usage reported to Wrist DMA. Applicant ehrprexsty aelnrowledges h has had des apgorter a yta rater, the Dirtrld'sAn* WaaezAllotmestt C. .. . d ogress this trp1arthnt e made • and siblem to the ,, d mntridows aaataiaed therein - Application Dec 471 / 3 09D9 ISSUED AS AREA B CONTRACT YES "-NO The painted portions adds form, accept differaniated additions or deletions, hair been approval and adopted by the West Divide Water Conservancy District Fonts # WDWC`D 050901 APP JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL WEST DIVIDE WATER CONSERVANCY DISTRICT WATER USE ESTIMATES APPLICANT: Jerry D. and Nancy L Thomas DWELLING UNITS: 2 IRRIGATED AREA (SQ FT): 15000 NO. OF LIVESTOCK 4 ELEVATION (MSL); 6000 2 3) (4 5 Contract Amount w15% transit Loss = 0.84 acre feet /..1-42120 a.3g1¢r..Sr.•p' (/.6x7,(32;Oro) z S23, b v 6. 6) (7 8 9 (11 12 In House Diversion per Unit (AF) In House C.U. per Unit (AF) Irrigation Diversion (ft) Irrigation C.U. (ft) In House Diversion (AF) In House C.U. (AF) _ Irrigation Diversion (AF) _ Irrigation C.U. (AF) Livestock Diversion & C.U. (AF) Total Diversion (AF) + .� Total C.U. (AF) Total Contract Amount (AF) 0.029 0.004 0.06 0.01 0.00 0.00 0.00 0.084 0.013 0.013 0.026 0.004 0.05 0.01 0.00 0.00 0.00 0.058 0.012 0.012 0.029 0.004 0.06 0.01 0,00 0.00 0.00 0.064 0.013 0.013 0.028 0.004 0.049 0.039 0.06 0.01 0.02 0.01 0.00 0.080 0.026 0.027 0.029 0.004 0.364 0.291 0.06 0.01 0.13 0.10 0.00 0.196 0.113 0.119 0.028 0.004 .0.528 0.421 0.06 0.01 0.18 0.14 0.00 0.253 0.157 0.165 0.029 0.004 0.568 0.454 0.06 0.01 0.20 0:96. _ _ 0.00 0.270 0.169 0.1'8 -- 0.029 0.004 0.445 0.356 0.06 0.01 0.15 0.12 0.00 0.225 0.135 0.142 0.028 0.004 0.316 0.253 0.06 0.01 0.11 0.09 0.00 0.177 0.099 0.104 0.029 0.004 0.081 0.065 0.06 0.01 0.03 0.02 0.00 0.094 0.035 0.037 0.028 0.004 0.06 0.01 0.00 0.00 0.00 0.062 0.012 0.013 0.0.29 0.004 g,91 0.01 0.00 0.00 0.00 01064 0.013 0.013 0.336 0.050 2.349 1.879 0.67 0.10 0.81 0.65 0.05 1.607 0.797 0.837 (1) (2) (3) (4) (5) (5) 300 gallons per day per residence 15% consumptive use for ISMS systems 80% irrigation efficiency for sprinkler systems Blaney Criddle assessment with Pochop adjustments Column (1) ' number of dwelling units Column (2) ' number of dwelling units Column (3) ' Irrigated area in acres Column (4) Irrigated area in acres Livestock use at 11 gallons per head per day (99CW320) Column (5) + Column (7) + Column (9) plus 5% transit loss Column (8) + Column (8) + Column (9) Column (11) plus 5% transit loss Water Use Estlmates.xts 911112006 WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT Name of Applicant: ,-S r r.\ ctrld Contract #S060921JNT(a) Map # S6 Date Activated 9121/06 k9ckx 1 z— --C1norn43 Quantity of Water in Acre Feet; 1 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 pt seq.. (hereinafter referred to as the 'District") for an allotment contract to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District_ By execution ofthis Contract and the attached Application, Applicant hereby agrees to the following terms and conditions: 1. Water Rights: Applicant shall own waterrights 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 tight to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources. 2. Quantity; Water applied for by the Applicant in the amount set forth above swill be diverted at Applicant's point of diversion from the Districts 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 prigrity, the District shall release for Meuse of Applicant up to said quantity in etre feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct now, storage or otherwise, to the Applicant by the District will be limited by the priority ofthc District's dooms 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 fullyccarplieswith all ofthe terms and conditions of this Contract The District and the Applicant recognize that some of the District's decrees may be in the nacre ofthe 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 Appifcant determines it requires Tess water than the amount herein provided, Applicant may so notify the District in writing, and the amount of water allotted under this Contract shall be reduced permsnently in a x rdanae with such notice. Rates shall bo adjusted accordingly in following water years only. 3. itentficktl,se and Location of Beneficiaillsc Any and all water allotted Applicant bytbe District shall be used for the following beneficial use onuses: industrial, municipal, domestic and related uses, or commercial (except for commercial use from AlsburyReser vIr and except to the extent that Ruedi Reservoir water may not be available for ooaunerciaf es that terse is defined on Page 5 of Contract No. 2-07-70- W0547 between the United States tux! the West Divide Water Conservancy District). Applicant's beneficial use of any end all water allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's control. 4. peaces and Delivery, Exchange releases made by the District out of storage from Ruedi Reservoir, Green Mountain Reservoir, Alsbury 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 ofsaid storage facilities or at the decreed eed 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 oonirac#s with the United States Bureau of Reclamation. Releases from other fbcilitics available to District shall he subject to the contracts, laws, rules, and regulations governing releases therefrom. Fes, the District hereby it 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 ofdiversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's deerees, may cal! on any greater amount at new or alternate points ofdiversion. 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. Water service provided by the District for properties located within the Bluestone and Silt Water Conservancy Districts is provided pursuant to Agreements with said Districts. The Intergovernmental Agreement between the District and the Silt Water Conservancy District, dated January 25. 2001, is recorded as Reception No. 575641, Garfield County Clerk and Recorder's Office. The Intergovernmental Memorandum of Understanding between the District and the Bluestone Water Conservancy District, dated April 26, 2001, is recorded as Reception No. 584840, Garfield County Clerk and Recorder's Office. 5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points ofdiversion ofthe Disiricts 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 maybe attached to judicial approval of said alternate point ofdiversion as contemplated or necessary to serve Applicant's facilities or !ands. 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 facilities necessaivto obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted tinder this Contract. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under Paragraph 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 Payment: Non-refundable. one lime 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 shall be determined by the Board of Directors ofthe 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 ibe due date a flat S50 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 or Application. Water use for any part of a water year shall require payment far 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 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 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 Posts incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. S. Assignment: This Contract shall not inure to the benefit of the heirs, successors or assigns of Applicani without the prior written consent of the District's Board of Directors. Any assignment of Applicant's rights under this Contract shall be subject to. and must comply with, such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicants property km applying to the District for individual and separate allotment Contracts. No assignment shall be recognized by the District except upon completion and filingof proper forms tur assignment and change of ownership. In the event the water allotted pursuant to this Contract is to be used for the benefit of Iand which is now or will subsequently be subdivided or held in separate ownership, the Applicant may only assign the Applicant's rights hereunder to: 1) No more than three separate owners all of whom shall be party to a well sharing agreement satisfactory to the District; or 2) A homeowners association, water district, water and sanitation district or other special district properly organized and existing under the laws of the State of Colorado, and then, only i f such parties, association or special district establishes to the satisfaction of the District that it has the ability and authority to perform the Applicant's obligations under ibis Contract. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this Contract have any rights hereunder, except as such rights may exist pursuant to a well sharing agreement or through ahomeowners association or special district as provided above. Upon the sale ofthe real property to which this Contract pertains, Applicant shall make buyer aware of this Contract and proper forms for assignment and change of ownership must be completed. 9. Other Rules: Applicant shall be bound by the provisions ofthe Water Conservancy Act of Colorado; by the rules and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law. 10. Operation and Maintenance Agreement; Applicant shall enter into an "Operation and Maintenance Agreement" with the District under terms and conditions determined by the board of Directors of the District, if and when, the Board of said District 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 3 corfsideration 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. Chance of Use: The District reserves the exclusive right to review, reapprove or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described in the documents submitted to the District at the time this Contract is executed, or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, shall be deemed to be a material breach of this agreement. 13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal fee title interest in or to any water or water tights referred to herein. 14. Conservation: Applicant shall usa 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 diversions to not exceed the contract amount for ordinary household purposes, the watering of domestic livestock, fire protection, and the irrigation of lawn and garden as specified hi the Application. Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Watering of livestock 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, provided that in no event shall actual diversions exceed the amount of water provided by this Contract. Violation of this paragraph 15 shalt be deemed to be a material breach of this Contract. 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. t7. Measuring Device or Meter: Applicant agrees to provide, at its own expense, a measuring device deemed acceptable by the District's Engineer alter consultation, or a totalizing flow meter with remote readout to continuously and accurately measruc at all times ail water diverted pursuant to the teens of Applicant's water right and the terms of this Contract 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 paragraphs could result in legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources, Sy 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. 4 f 1 S. pr scalations: By executing this Contract. Apptieanl 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. 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 of Water Court Filing and Augmentation Plan: Should the District, in its own discretion, choose to include Applicant's Contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to paytothe 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 included in the filing. To the extent that the District is caused additional costs because of objection filed specifically due to the inclusion of Appl icant's Contract in the filing, such additional costs maybe charged specifically to Applicant and not shared on a pro -rata basis by all contractees. 20. Binding At reement: This agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application to Lease Water From West Divide Water Conservancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shalt by this reference thereto be incorporated into the terms of this agreement. Ail 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 THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT 1N ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT ISIEE CONTrNLIING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. 22. AREA B. CONTRACTS: IF APPLICANTS WELL OR OTHER WATER RIGHT THAT IS THE SUBJECT OF THIS CONTRACT IS LOCATED OUTSIDE "AREA A" AS DESIGNATED BY THE DISTRICT, THEN THIS PARAGRAPH APPLIES: THE AUGMENTATION WATER PROVIDED BY THE DISTRICT UNDER THIS CONTRACT MAY 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 THIS IS A CONCERN TO APPLICANT, THIS CONTRACT MAY BE RESCINDED UPON WRITTEN NOTICE DELIVERED TO THE DISTRICT BY THE APPLICANT WITHIN THENEKT 30 DAYS FOLLOWING THE AFFDCiNG OF SIGNATURES ON THIS CONTRACT IN WHICH EVENT ALL SUMS PAID BY APPLICANT FOR. THIS CONTRACT SHALL BE IM r' 1 TELY REFUNDED TO APPLICANT. 5 §TATE OF C Ci) , ) ) ss. COUNTY OF GliNT9 r� The foregoing instrument was acknowledged before me nn this ),R -1 - day of r?k\\(\), n© rk,s . Witness my hand and official seal My commission exp STATE OF O.,O ) /� )ss. COUNTY OF L.J- � ) The foregoing instrument was acknowledged before me on this ) A6-9 . Witness my hand and official seal. My commission ORDER After a hearing by the Board of Directors of the West Divide Water Conservancy District on the Application, it is h Application be granted and this Contract shall be and is accepted by the District. Notary Public WEST DIVIDE WATER CONSERVANCY DISTRICT By. President Date This Contract includes and is subject to the terms and conditions of the following documents which must accompany this Contract: 1. Map showing location of point of diversion (use map provided) 2. Application and Data Form fully completed and signed The printed portions of Ibis form, except differentiated additions or deletion% bave been approved and adopted by the Welt Divide Water Conservancy District. Form NWDWCD 050902 CONTRACT. b West Divide Water Conservancy District --Silt Interconnect 109 West Fourth Street P. O. Box 1478 Rifle. CO 81650 water@wdwcd.org (970) 625-5461 Bili To Jerry D. and Nancy L. Thomas 8617 245 Road New Castle, CO 81647 Date invoice 9/11/2006 6 Contract # Rale Acre Feet Identification Domestic Description Quantity Rate i Amount Administration Fee 250.00 Recording Fee 10.00 Augmentation Plan 1 55.00 Domestic 300.00 i \ 7. i,r7 West Dlvl1e Water Conserva Icy District P.O. Box 1478 Rifle, CO d165O-1478 9--I- _o CrkYvl Total $615.00 ....4)F11.1 111.3 j r. J tL' Map FD #SG Date Activated 9123/4% WEST DIVIDE WATER CONSERVANCY DISTRICT APPLICATION FOR ASSIGNMENT OF OWNERSHIP Water Allotment Contract #SO6O921JNT(b) Date: Name of Contract Holder: JERRY D. and NANCY L. THOMAS Name and Address of Assignee: FIONA LLOYD and DAVID PEGG 1491 COUNTY ROAD 237, SILT. CO 81652 Telephone Nuinber: Amotrnt of Water Assigned in Acre Feet: ONE Legal description of parcel where well is located: TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6T'# P.M, SECTION 25: NWI14SEI/4SWl/4, ALSO KNOW AS LOT I, PEACH VALLEY ORCHARD ACCORDING TC) THE PLAT THEREOF FILED JANUARY 25, 1909 AS DOCUMENT NO. 36474. COUNTY OF GARFIELD, STATE OF COLORADO. Recording Information of Memorandum County Reception No. of Water Allotment Contract: Book Page The undersigned Contract Holder and Assignee do hereby give notice to and make application to West Divide Water Conservancy District for the assignment of the above described Water Allotment Contract. By signing this instrument, Assignee does hereby agree to assume and be bound by the terms and conditions of said Water Allotment Contract and all addenda and exhibits thereto. It is understood that Contract Holder is released from performance under said contract to the extent that such performance has been hereby assumed by Assignee. Signed the -bate first appear appeariA above, Y D. T t S NANCY L. THOMAS FIONA LLOYD STATE OF COLORADO DAVID PEGG ) ss. COUNTY OF `k`1 ) The foregoing instrument was acknowledged before me on this 3 day of . jpt' i;' JERRY D. THOMAS' and NANCY L. TiiOMAS. Witness my hand and official seal. My commission expires: STATE OF ) ss. COUNTY OF The foregoing instrument was FIONA LLOYD and DAVID PEGG. 1� itness my hand and official seal. 41y commission expires: (7' Public ';'C. , -=' t`{5•' E:"'Cr ?! 1 JACQUELAMAN taorY PUBLIC STATE OF cotnxMy Cambay% noires MOM ,20;'tby acknowledged before the on this day of . 20 , by Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1 313 Sherman 5t, Denver, Colorado 80203 (303) 866-3581 JERRY D & NANCY L THOMAS 8617 COUNTY ROAD 145 NEW CASTLE, CO 81647- EXST WELL PERMIT NUMBER 64912 -F DIV. 5 WD39 DES. BASIN MD Lot: 1; Block: Filing: Subdiv: PEACH VALLEY ORCHARD APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 SW 1/4 Section 25 Township 5 5 Range 92 W Sixth P.M. DISTANCES FROM SECTION LINES 1245 Ft. from South Section Line 1820 Ft. from West Section Line (970) 984-2208 UTM COORDINATES (Meters,Zone:13,NAD83) CHANGEIEXPANSION OF USE OF AN EXISTING WELL Easting: Northing: 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 eidsUng water rights, The Issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water fight from seeking relief in a civil court actidn. 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 37-90.137(2) for the use of an extolling wetl,:appropriating ground water tributary to the Colorado River, on the condition that the well shall be operated only when the West Divide Water Conservancy District's, Silt Mesa Substitute Water Supply Plan, approved by the State Engineer (based on the tiling of case no. 05CW296, Division 5 Water Court). 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 Is in effect, or under an approved plan for augmentation. This well Is accounted for under WDWCD contract #SM060921JNT(a). 4) Approved as a well on a residential site of 10.18 acre(s) described as lot 1, Peach Valley Orchard Subdivision, Garfield County. Further Identified as 1491 County Road 237, Sift, CO 81652. 5) Approved for the installation of a pump In, and the use of, an existing well, constructed on February 6, 1975, to a depth of 430 feet, under permit no. 77548 (canceled). Issuance of thls permit hereby cancels permit no.77548. 6) The use of ground water from this well Is limited to ordinary household purposes Inside one (1) single family dwelling and one (1) accessory dwelling unit, the irrigation of not more than 15,000 square feet (0.34 of an acre) of home gardens and lawns, and the watering of four (4) head 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 known as Thomas Well. 7) The pumping rate of thls welt shall not exceed 15 GPM. 8) The average annual amount of ground water to be appropriated shall not exceed 1.607 acre-foot (523,641 gallons). 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. 10) This well shaN be located not more than 200 feet from the location specified on this permit. 11) 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. a� NOTE: Canceled permit no. 77548 was previously issued for this parcel, NOTE: Parcel Identification Number (PIN): 23-2127-253-00-065 /47/',,C J,� 6' NOTE: Assessor Tax Schedule Number. R008117 APPROVED DMW Receipt No. 9502651 State Engineer By DATE ISSUED 10-03-2006 EXPIRATION DATE 10-03-2007 Form No. GWS-11 8/2005 STATE OF COLORADO w OFFICE OF THE STATE ENGINEER 818 Centennial Bldg., 1313 Sherman St., Denver, CO 80203 ENGINEER- Phone — Info: (303) 866-3587 Main: (303) 866-3581 Fax: (303) 866-3589 http://www.water.state.co.us — for Office Use Only 06 RECEIVFO 0 6 2005 4YA1 C H ftESOUFSCES STATEEIVGINEEIi +0,h1L.,,m .. ,,E.s GLI NW000 sr�TE ��� CHANGE IN OWNERSHIP/ADDRESS CORRECTION OF THE WELL LOCATIONNOV Review instructions on the reverse side prior to completing the form. Name. address and phone of the person claiming ownership of the well: NAME(S): Mailing Address: City, St. Zip: Phone ( FIONA C. LLOYD AND DAVE PEGG 1491 COUNTY ROAD 237 SILT, COLORADO 81652 ) _ . This form is filed by the named individual/entity claiming that they are the owner of the well permitted as referenced above. This filing is made pursuant to C.R.S. 37-90-143. WELL LOCATION: Well Permit Number: 44/y4•1rF Receipt Number:86746 County GARFIELD Owner's Well Designation 1491 COUNTY ROAD 237 SILT CO 81652 SE1/4 of iheSW Distance from (Address) 1/4, Sec. 25, Twp. FIVE 0 N. (City) (State) (Zip) W., SIXTH P.M. or ® S., Range i92 0 E. or CI Section Lines: 1245 Ft. From 0 E. or ►Z4 W, Line. Filing/Unit Ft. From ■ N. or;® S. 1820 Subdivision Name PEACH VALLELY ORCHARD Lot 1 , Block • The above listed owner(s) say(s) that he, she (they) own the well described herein. The existing record is being amended for the following reasons: S Change in name of owner ❑ Change in mailing address ❑ Correction of location for exempt wells permitted prior to May 8, 1972 and non-exempt wells permitted before May 17, 1965. Please see the reverse side for further information regarding correction of the well location. I ( e) ., -im and say that I (w-� (are) the ow =r(s) of the well described above, know the contents of the statements made her ' 4`• state that e . re e to my dur) knowledge. �. S , n- -'t�of ti • • : w ow\ Fi1nN4,Lioyd !N t y Please print the: Signer's Name & Title Flowl4 L.4.0•4 Di bowiePctrcr well to complete and sign the form. Signatures of agents attached to the form upon its receipt. Date /0.31* Of. are acceptable If an _Al It Is the -.-:-i: ly of the o �` tf this original le er of agency signed by the owner is For Offce'Use Only ACCEPTED AS A CHANGE IN OWNERSHIP AND/OR MAILING 4DDRESS_ f.. e .s State Engineer By Date W RJ -28-72 THIS FORM MUST BE SUBMJTTE.p WITHIN 60 DAYS OFCCMP;I:ETION OF THE WOR K.DESCRIBE :kIEAE- ON. TYPE OR PR INT IN BLACK INK. COLORADO DIVISION OF WATER RESOURCES 300 Columbine Bldg., 1845 Sherman St. Denver, Colorado 80203 WELL ------ ETIO -- PUMP �;; ION REPORT 634 PERMIT NUMBER ocia5031)1 ttg 020 WELL OW � � Q 1 JI AJ � ..5 % of the ill) Y. of Sec c e? ADDRESS r' S 'I46 -Q T.5- , R.99r DATE COMPLETE [li• , 19 a— HOLE DIAMETER =WELL LOG 8W L. Mt3O 43.11n, from to C. S Fsc�7 2,I�v From To Type and Color of Materia! Water Loc. Jo Use a Ove �Ka � TOTAL DEPTH dditional pages necessary to complete log. in from ft to ft in from.to ft DRILLING METHODa d p lay CASING RECORD: Plain Casing Sizer& kind Q32b from P.M 4 to &90 ft Size & kind from to ft Size & kind from to ft Perforated Casing Size 6--4'& kind(O-5'4 O from tofi Size & kind from to fi Size & kind from to fi GROUTING RECORD Material Intervals 4/0 Placement Method ft) e ezir 4 fga -e- GRAVEL PACK: Size Interval TEST DATA Date Tested . R 7 , 19 Static Water Level Prior to Test f} Type of Test Pump Length of Test -. Sustained Yield (Metered) l'efir Final Pumping Water Level 1/1O PUMP INSTALLATION REPORT 'ump Make Type Dowered by HP dump Serial No. Viotor Serial No. Date Instal led 'ump Intake Depth Remarks • NELL TEST DATA WITH PERMANENT PUMP Date Tested Static Water Level Prior to Test Length of Test Hours sustained yield (Metered} GPM Pumping Water Level Remarks O1AL DEPTH W WATER 1 TABLE CONE OF DEPRESSION CONTRACTORS STATEMENT The undersigned, being duly sworn upon oath, deposes and says that he is the contractor of the well or pump installation described hereon;_ that he has read the statement made hereon; knows the content thereof, and that ere L,le f is w., nowledge, Signatur State of Colciradd, County. of License No 69 (317 'fr:rG LL• SS Subscribed and sw'Ordta before me this 5" day of //PA' , 19 = My Cdnmmissioh expires: • - ' ' ' ' , 19 Notary Pubili • YTI yT—`-..1 ✓/—/cLolz1:�._ FORM TO BE MADE OUT IN QUADRUPLICATE: WHITE FORM must be an original copy on both sides and signed. Table 1- Garfield County Water Quality Parameters 1 Isle :A nelysie result lCi, a laJo: Antimony mg/I <0.00080 0.006 CRE Arsenic mgil 0.005E 0.010 LTE Barium mgt€ 0.0212 2.0 i.TE Beryllium mgll <0.00040 0004 CRE • Cadmium mgll 0.00009 0 005 LTE Chromium mg:l 0.0086 0.1 LTE Fluoride mgil 0.71 4.0 LTE Mercury mgtl <0,0010 0.002 CRE Nickel mgil 0.01 "* CRE Selenium mgil 00034 005 LTE Sodium mgil 151,9 "' LTE Thallium mg11 <0.00040 0.002 CRE General Chemistry Result lCL Sample Cyanide mg/i 0.007 0.20 CRE Nitrate ......... mgil 0,33 10.0 LTE Nitrite mgil <0.02 1 A LTE Sulfate mgil 479.61 250 LTE Asbestos count ND "" CRE 13acteridlo;gIca i Result Recutt' MCL Sample Coliform P/A Absent Present CRE Radio Chemistry Result MCL $ample Gross Alpha, Adjusted" pCiil 0 15 CRE Gross Alpha pCifl 20 '" CRE Gross Beta pCill 2A 15 CRE Radium, 226 & 228 pCi11 0.0 ° CRE Uranium ugil 32 30 CRE Notes: < Indicates laboratory detection limit '" No established MCL for this contaminant Adjusted Gross Alpha = Gross Alpha less Uranium & Radon ND indicated None Detected CRE indicates sample collected by Colorado River Engineering, Inc. LTE indicates sample collected by LT Env ronmental, Inc. ,Accutc-si L.abornmcits Report of Analysis Paw. 1 of 1 Client Sample ID: 11.0'1'1) Lab Sample ID: 1)23005 1 Matrix: Drinking Mail Project: I 1o' 1 Subdivisiorl•Tlioanas Well Date Sampled: 04/27/11 Date Received: 01/28/11 Percent Solids: n, Total Metals Analysis Analyte r\nliinoay 13Ct'yl litun Mercury Nickel 1113110mi Result MCL RL Units 0.001180 0.0060 0.00080 01g/I <0.00040 0.0090 0.000401ug/ I < 0.0010 0.0020 0.0010 rug/1 0.010 0.0040 Inll/I < 0.00010 0.0020 0.00010N/1 (1) lnslruwtotl QC Balch: MA1503 (2) luslrnrulnll QC 13.alah MA1522 (3) luslrumPnt QC 1341c11: ,MA 152 i (4) Prep QC 132(di: MPI610 (5) !'rep QC 1321cIr M1'4(328 DF 2 2 1 2. 2 Prep Analyzed By Method Prep Method 05/02/11 05/12/11 )v 05/02/11 05/12/11 lY 05/05/11 05/05/11 JM 05/02/11 05/11/11 l?ui 05/02/11 05/1.1/11 1M 1.i'A 1110.8 •I EPA 200,8'1 EVA2110.83 EPA 200.8`1 EPA 2.11.1 I EPA Yd5.1 5 EPA AU 8 `' IPA 200.8 1 EPA 200.8 2 EPA 200,8 1 RI. lteporii'1 Limit kW!. 4lxx011uni {;DN(onituiiion Love! 011) (` 1.11) 0111 6 of 32 t ccurm Lahti' mot ips Report of Analysis Pyre 1 sof 1 Client Sample ID: LI.OY1) Lab Sample ID: 1)23005 I Date Sampled: 0=1!y7li I Matrix: DW - Drinki»g Water Date Received: 04/28111 Percent Solids: rola Project: Lloyd 1ionsas /Well General Chemistry Analyte Result MCL Units DF Analyzed By Method C.yanidr, "1' ial 11.0070 0,20 mil i 0!10/11 111 SWM 15 OCN 1 MCI. =- N4axim rn-Cilr nii Don 1 evr1 (40 CFR 141) 7of32 .A,C,7,(t.JTEB-r RESERVOIRS ENVIRONP.IENTAL, iNC. tiVLAP Lab Coile.101806.- TABLE 1 TEN1WATER SAMPLE ANALYTICAL RESULTS RES Jtto I,himber RES 2120S 1.1 "ternlost Cheat Nnrrhei/P .0: Florin Giver Crept Project Description: 023005X Sall1it)5 Received tlay '2201 I Analysis. Type: TEM. LW I 11 Water TUti13(01.1111d: IC Pay [tate Samples limilytta. May 6, 'nit Client Lat) AlirryTi LW..TOT Al :-..;',F ;tie tlirt 1 Ani-lik:61 Tc FAL t:',..e.;,/ ar. 'it IG Ntirribee ii' ':ii,6),...c ril.rAilrd r.c.-1:), - Nom; N- . %401 '_E laTh ..5...:111.S.11C0i ici1505, 6.ri AsT:-rtle i'..sr,-2sto Cocr,irA,41r, aa.,:$1:11> .S11tlA1, SOS:, .Fc. C.'irteitalk"el Yfral:or E123taX.11 E1) ?"-12-14) Hp, 4,0 DAS 1vSwtr,A roccr.4h c II1oCCuNfody 10 14 ot32 Accutest Mountain States Tiffany Phan) 4036 Youngfeld Wheat Ridge, CO 80033 l 279 ,i;. o REPORT OF ANALYSIS DATE May 26. 2011 FtRI PROJECT 009-93 FIF I SERIES NO E063/11 DATE RECO. 4/29/2011 CUST P.0 4 D23005X SAMPLE NO. E063111.l SAMPLE t0ENTIF1CA1'ION: D23005X-1 - Aqueous • Sampled on 04/27/2011 @ 1250 DETECTION ANALYSIS PARAMETER RESULT LIR'lIT METHOD DATE ANALYST Gross Alpha (+-Precision"), pCi/l (T) 20(+-3) 1.5 SM 7110 B 5124/2011 AN 0 0833 Gross Alpha (¢-Precision'), pCi/l (T)"" 0(+-3) 1.5 SM 711013 5/24/2011 AN @ 0833 Gross Beta (4 -Precision"), p0€11(T) 2 4(+-2 2) 2.2 5M 7110 B 5124/2011 AN @ 0833 Radium -226 (+-Precision'), pCill (T) 0.0(4-0.1) 0.1 SM 7500 -Ra 8 5/10/2011 AN @ 1453 Radium -228 (+-Precision"), pCi/1(T) 0.0(+-0.6) 0.6 EPA Ra -05 5110/2011 SB @ 0938 Total Solids, mg/I 1190 10 EPA 160.3 5/12/2011 LH Uranium, pCiiI (T)" 22 0.5 ASTM D2907-97 5/6/2011 LH @ 1713 Uranium, ugli (T) 32 0.7 ASTM 132907-97 6/6/2011 LH @ 1713 `Variability of the radioactive decay process (counting error) at the 95% confidence level, 1.96 sigma. Certification ICFs' CO/EPA C000008; CT PH -0152; KS E-10265; NH 232809; NYELAP 11417; PADEP 68-00551: RI LA000284; WI 098376610 "Uranium results reported assuming the activity of natural U = 6.77 x 10-7 Ci/gm. ""Loss Radon and Uranium. Results rcporled lieron relate only to discretes samples Submitted by the dlont Hazen Research, I.no does notwa;rani Ilial the results are repre+sentatNeatanythir,y ober than the samples that were rettived in the laboratory CODES: (T) = Total (0} w Dissolved (5) = Suspentlad (R) w Tolal RecoverahIe (PO# = Potentially sally Dissolved < = Less Than f fy\4 (� By. 999 Fvt_k;f:' Robert Rostad Laboratory Manager Page 1 011 F )3 Owner Name Address Table 1 Lloyd Well Baseline Water Quality Results Antero Resources Piceance Corporation Fiona Lloyd 1491 CR237 Well Address Silt. CO 81652 (if different) Field Information Temperature Conductivity pH Dissolved Oxygen Date (Deg C) (ttS/cm) {so) (Vol 10118/2010 13.93 Associated Drill Pad 1.255 j 727 1.48 jDiemozB Laboratory Analysis LabSamplelD Lab Name Field Sample Name R01.0117-01 SummitScienti0e Lloyd Well Parameter Result Units State Standards 'General Nater Quality Alkalinity. Total 513.4 mg/L as CaCO3 -- Alkalinity, Bicarbonate 626.3 ma/L — Alkalinity, Carbonate <0.1 mg/L -- pH, Lab 7.2 su 6.5 - 8.5 Electrical Conductivity 1.56 mmhos/cm -- Total Dissolved Solids 1,100 mg/L 400 Turbidity, Lab 0.49 NTU -- Major Anions Boron 0.33 nig/L -- Bromide <0.01 mg/L -- Chloride 19.57 mg/L 250 Fluoride 0.71 mg/L 4.00 Nitrate -N 0 33 ma/L 10.00 Nitrite -N <0.02 melt 1.00 Sulfate 479.61 mg1L 250 Major Cations Calcium 157.3 me/L -- Iron 0.036 mg/L 0.30 Magnesium 69.1 mg/L -- Manganese 0.0097 '. mg/L 0.05 Potassium 1.9. mgr! - Sodium 151.9 ! ma&L Notes: <- less than stated reporting limit Na statsdud for the selected analyte melL- milligrams per liter micrograms per liter su- itandau! units nunitos'em - mitlimhas pet centimeter NTU - Kephelornctric Turbidity Units cfu'ml - colony forming units per millilirer Bold- Bald test indicates result over standard MTBE Methyl tort -But) l Ether State standards from the Colorado Department of Publtc Health and Environment Water Quality Control Commission Rcyrrluiion Anther 41- Ihr Burk Srmrdnrds / u- Grouad Water The Colorado Oil and Gas Conservation Commission has established a concentration of 2 mgL for dissolved methane as a threshold calve for which additional investigation of the dissolved methane source is to be evaluated 407 ti Table 1 (Continued) Lloyd Well Baseline Water Quality Results Antero Resources Pieeance Corporation Parameter State Result Lnits Standards NittaIs Arsenic 0 0058 mg/L 0 01 Barium 0.0212 mg/L 2 00 Cadmium 0,00009 mg/L 0005 Chromium 0 0086 mg/L 0.1 Lead <0 00006 mg/L 0.05 Selenium 0.0034 ms/t. 002 Silver 0.00009 mg/L 0.05 Organics Benzene <1 uerl 5.0 Toluene <1 ua/I 560 Ethy1benzene <1 ugly 700 Xylenes. Total <1 ugll 1,400 MTBE <5 ug/1 — 'Methane <0.0008 tng/L Biological Iron Related Bacteria Absent cfu/mI Sulfate Reffucrng Bacteria Absent cfu/ml Slime Forming Bacteria Absent cfu/ml Notes: less than stated reporting limit No standard for the selected anxlytt meal - milligrams per liter ug L - micrograms per liter su - standard units mrnhos.km - rroillimhas per centimeter NTU • Nephelornesric Turbidity Units cRslntl • colony forming units per milliliter Bold - Bold text indicates result over standard MTBE Methyl Cert -Butyl Ether State standards front the Colorado Department of Public Health and Environment Nater Quality Control Commission Regulation Nwnher 41- The Banc Smnddrdr fat creund !Vater The Colorado Oa and Gas Conservation Commission has established a concentration of 2 mg/L for dissolved methane as a threshold Mae for which additional investigation of the dissolved methane solace is to be. evaluated P€out "Kathy A, Eastley" <keastley@garlield-county.com> Subject: Information tate: January 17, 2012 2:03:24 PM MST To: "Fiona Lloyd" diona@juniperridgeranch.us> Attached is the septic information as well as the driveway and well -sharing agreements. Both of the agreements need to be completed — for instance this documentation will not reference people but instead will reference the owners of Lot 1 and Lot 2 of the Lloyd Exemption. 5o I understand why they are left blank (because you thought an owner name would be inserted) but these agreements are applied to the lot owner not an individual. The distinction is minor but from a legal perspective these agreements willje applicable to anyone who owns the lots. So, here is a list of what we need ( A check, made out to County Treasurer, for $200.00 to satisfy the school fees 2. A check, made out to County Treasurer, I will get this dollar amount to you ASAP / 7 7 2 5 0. Revised Shared Driveway and Shared Well Agreements completely filled out L-4. A septic permit application 5. A signed mylar and a check made out to the Clerk and Recorder for $11.00 (recording fee for mylar) (t Let me know if you have additional questions.2 y , ,fit d � ) Kathy Eastley, ATCP Senior Planner Garfield County Building & Planning 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-1377 ext. 1580 Fax: 970-384-3470 keostlev€Wgarfietd-county.com I don't know what the key to success is, but the key to failure is trying to please everyone. - Bill Cosby GARFIELD COUNTY TREASURER Certificate of Taxes Due Account Number R008117 Parcel 212725300065 Assessed To LLOYD, FIONA C & PEGG, DAVID 1491 COUNTY ROAD 237 SILT, CO 81652 Certificate Number 2009009172 Acres 10.18 Order Number Vendor ID Counter Legal Description Section: 25 Township: 5 Range: 92 NWSESW, AKA LOT 1 PEACH VALFY ORCHARD Situs Address 001491 237 COUNTY RD,001491 HARVEY GAP RD Year 2011 2011 Charges Tax Special Assessment Billed S2515.36 5340.50 Payments S2,515.36 $340.50 Balance $0.00 $0.00 Grand Total Due as of 01/25/2012 $0.00 Tax Billed at 2011 Rates for Tax Area 020 - 2HC-SF - 020 Authority Mil] Levy GARFIELD COUNTY - GENERAL. GARFIELD COUNTY - ROAD & B GARFIELD COUNTY - SOCIAL SE GARFIELD COUNTY - CAPITA]: E GARFIELD COUNTY - RETIREMEN BURNING MOUNTAIN FIRE - GEN COLO RIVER WATER CONS SILT WATER CONS GRAND RIVER HOSPITAL SCHOOL DIST RE -2 - GENERAL SCHOOL DIST RE -2 - BOND COLORADO 1vITN COLLEGE GRAND RIVER HOSPITAL - BOND GARFIELD COUNTY PUBLIC LIBR SCHOOL DIST RE -2 - MILL LEV Taxes Billed 2011 * Credit Levy 9.7990000 2.5260000 0.5320000 0.6650000 0.1330000 6.1020000 0.2280000* 0.6020000* 5.1720000* 4.7250000 6.8490000 3.9970000 0.4250000 1.0000000 3.0790000 Amount Values $537.76 8138.63 $29.20 $36.50 $7.30 $334,88 8125] 833.04 8283.84 8259.31 $375.87 8219.35 823.32 $54.88 8168.97 45.8340000 52,515.36 IRRIGATED LAND- AGRICLTRL. FARM/RANCH RESIDENCE -IMPS OTHER BLDGS.- AGRICULTURAL Total 948 $340.50 Actual Assessed 816,780 84,870 8416,330 S33,140 858,160 $16,870 8491.270 854,880 All Tax Lien Sale amounts are subject to change due to endorsement of current taxes by the lienholder or to advertising and distraint warrant fees. Changes may occur and the Treasurer's Office will need to be contacted prior to remittance after the following dates: Personal Property and Mobile Homes - September 1, 2012, Real Property - September 1, 2012. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. Special taxing districts and the boundaries of such districts may be on file with the Board of County Commissioners, the County Clerk, or the County Assessor. This certificate does not include land or improvements assessed under a separate account number, personal property taxes, transfer tax or misc. tax collected on behalf of other entities, special or local improvement district assessments or mobile homes, unless specifically mentioned. I, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof, I have hereunto set my hand and seal. Jan 25, 2012 11:19:44 AM Page 1 of 2 GARFIELD COUNTY TREASURER Certificate of Taxes Due TREASURER, GARFIELD COUNTY GEORGIA CHAMBERLAIN 109 8th Street. Suite 204 Glenwood Springs CO. 81601 Jan 25, 2012 1119:44 AM Page 2 of 2 Project Address 1491 CR 237 SILT, Co Owner Information Garfield County Building & Planning Department 108 8th Street Suite 401 Glenwood Springs, CO 81801 - Phone: (970)945-8212 Fax: (970)384.3470 Parcel No. Issue Date://2012012 Expires: 07/2012012 Subdivision Section Township Range 212725300065 Address Phone Cell Fiona Lloyd 1491 CR 237 Silt CO 81652- (970)876-0268 1491 CR 237 Silt CO 81652- Contractor(s) Phone Primary Contractor Silt Mesa Excavating (970)876.0155 Yes Proposed Construction / Details Residential Septic -2-3 bedrooms 1/20/2012: Approved per Andy Schwaller-Chief Building Official: 1. Must be completed within 6 months from Issuance date. 2. Notify Kathy Eastley when completed. FEES DUE Fee Septic Fee - New Total: . Amount $73.00 $73.00 Valuation: Total Sq Feet: $ 0.00 0 FEES PAID Inv Total Paytype Amt Paid Amt Due Inv # SEPT -1-12-21639 $ 73.00 Check It 1616 $73.00 $ 0.00 Required inspections: For inspections call : 1(888)868-5306 Inspection IVR Final Pere Test 125 615 IMPORTANT; APPLICATION IS HEREBY MADE TO THE BUILDING OFFICIAL FOR A PERMIT SUBJECT TO THE CONDITIONS AND RESTRICTIONS SET FORTH ON. THIS APPLICATION AND THE FOLLOWING: 1. Final inspection of the work authorized by this permit is required. A Certiricate of Occupancy nisi be obtained prior to use and occupancy of new buildings, structures end remodeling work. Applicant Copy This permitlplan review expires by time limitation and becomes nail and void if the work authorized by the permit Is not commenced within 180 days from the date of permit issuance or If the permit is not obtained within 180 days from the date of plan submittal. This permit expires and becomes null and void if any work authorized by this pemdt Is suspended or abandoned for 100 consecutive days or if no progressive work has been verified by passing a required County lntpecHan for a period of 180 consecutive days. Friday, January 20, 2012 1 EI 0 e' J &tin i p r e- miri J 108 8'1' Street, Suite 401, Glenwood Springs, CO 81601 Ph:970-945-8111 Fx:970-384-3440 inspection Lime:888-868-5306 www ,Jaarlield-county.coni SEPTIC PERMIT APPLICATION JA,,J E. 0 ?(1i? (;ARE EL .) CO L.j1'1 I't EPPLI<NC, r�f':Iiilit`€f, l Perk Fee: roti Parcej, o (tri"klefotrnaf ni b(e e e ameuors.e.eJGce 970-946-91941 Ott !!p{`"��O [C��C'LI..O'`JA Lot Size: Lot No; Block No: Subd.lExemp ion: M1Nt9g-- 2 Building Permit: Job Address: (Nan boffin has net been assigned, please provide CR, HWY orStreet Name 8 C4y) or and legal descnpiion / 1-4 g) ZZ 1 SIJ GO 8!652 _ 4 Bui ing & ' n } . 1 pt; r !.' Co -/2 u If rpt 4 le 6�.s Owner: (propertyoviaell 1 mol t /1o7.1a Mailing Address 1 /7 G, 227 5/1i -6f t Ph: 170 Q 0268 Alt Ph: 5 Contractor: Mailing Address Ph: All Ph: 6 En ineer:din -T21In 2 Address /fix 2844 Ci-ivE 8/&oZ Ph- bib X053 Alt Ph: 7 PERMIT REQUEST FOR: ( New Installation ( ) Alteration ( ) Repair 8 WASTE TYPE: Dwelling ( )Transient Use ( )Commercial or industrial ( )Non- Domestic wastes ( )Other- Describe 9 BUILDING OR SERVICE TYPE: P/ tp,E7 Number of bedrooms -ta.-L 2 - 3 Garbage Grinder ( )Yes QQNo 'i 0 SOURCE & TYPE OF WATER SUPPLY: (}WELL ( )SPRING ( )STREAM OR CREEK ( )CISTERN If supplied by COMMUNITY WATER, give name of supplier: 11 DISTANCE TO NEAREST COMMUNITY SEWER SYSTEM: Was an effort made to connect to the Community System? YOUR INDIVIDUAL SEWAGE DISPOSAL SYSTEM PERMIT WILL NOT BE ISSUED WITH OUT A SITE PLAN 12 GROUND CONDITIONS: Depth to 1,i Ground Water Table Percent Ground Slope 3 TYPE OF INDIVIDUAL SEWAGE DISPOSAL SYSTEM (ISDS) PROPOSED: (XQSeptic Tank ( )Aeration Plant ( )Vault ( )Vault Ptivy ( )Composting Toilet ( )Recycling, Potable Use ( )Recycling, other use ( }Pit Privy ( )Incinoratien Toilet ( )Chemical Toilet ( jOther• Describe . 14 FINAL DISPOSAL BY: ( )Absorption trench, Bed or Pit ( }Underground ( )Wastewater pond ( )Other- Dispersal ( )Above Ground Dispersal Q<)Evapetranspiration ( )Sand filter Describe 15 Witt effluent be discharged directly Into waters of the state? ( )YES (<)NO 16 PERCOLATION TEST RESULT: (:o be completed by Registered Professional Engineer, if the Engineer does the Percolation Test} Minutes tip ^40 per inch in hole No.1 Minutes '2-e --crtl per inch in hole No.3 No........__ Minutes 2n -- tr r! per inch in hole No.2 Minutes per inch in hole Name, address & telephone of RPE who made soil absorption test: Name, address & telephone of RPE responsible for design of the system: Fu. ? _-gone t ' c3( .1zi6rs et.ba-v-.$ tr 17 . Applicant acknowledges that the completeness of the application is conditional upon such further mandatory and additional test and reports as may be required by the local health department to be maand furnished by the applicant or by the local health department for purposed of the evaluation of the application; and the issuance of the permit is bject to su6h 3 ms and conditions as deemed necessary to insure compliance eith Hiles and regulatons made, information and reports submitted herewith` d required ,to b submitted by the applicant are or wilt be represented 10 be true and correct to the best of my knowledge and belief and are designed to be relied . by the local partmeot'01 health in evaluating the same for purposes of issuing the permit applied for herein. 1 further understand that any fat Cation o isrepretsen tion/ y result in the denial of the application or revocation of any permit granted based upon said application and legal action for perjureg♦prov� by taiY� OWNERS SIGNATURE ,:\., ,A,'\ r DATE � P1t fl7 +r' t` /!of STAFF USE ONLY ermit Fee:- DT? S' U, Perk Fee: roti T'olaI fe''i '/`p Fees Paid; Balance due: Building Permit: Septic Puma: ,,itA>1-- 9.4.7 Issue Dat ; / ?1--) /I (' Bui ing & ' n } . 1 pt; r !.' Co -/2 u If rpt 4 le 6�.s APR VA DAT /1/4/Qi Fy koviy g. 1,3 tto-fi C4siivirt40 0' r SOUTI TO SI ON # J RICK PICKARD 1401 COUNTY ROAD 237 SILT, CO 81632 212725300017 \ ti �c\\re. J 1/16 SECTION 25 AND 26 2" ALUMINUM CAP REBAR L.S. 36056 A.&E.DIEMOZ LLP 214 CENTER DRIVE GLENWOOD SPRINGS, CO 81601 212736300003 NTY ROAD 237 U GRAPHIC SCALE 100' 200' 300' ONE INCH = ONE HUNDRED FEET = TO SET 1-1/2 " ALUMINUM CAP ON #5 REBAR L.S. 36056 TITLE CERTIFICATE A.&E.DIEMOZ LLP 214 CENTER DRIVE GLENWOOD SPRINGS, CO 81601 212736300003 SOUTHWEST 1/16 SECTION 25 TO SET 2" ALUMINUM CAP ON #6 REBAR L.S. 36056 FOUND #5 REBAR AND PLASTIC CAP L.S. '3501 N. AS 2D' • W �:5 _ .. _ _ .._ N -89r OVERHEAD POWERUNE LLOYD MINOR SUBDIVISION NE1 /4SE1 /4SW1 /4 SECTION 25, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6TH P.M. GARFIELD COUNTY, COLORADO O CON el rAC1701-q, p CENTER SOUTH 1/116 SECTION 25 TO SET 2" ALUMINjJM CAP ON #6 REBAR L.S. 36056 E EXEMPTION LOT 1 1 8.06 ACRES -._ --- v -� GAEL w 4 t__ �`�V, I.`m \ 11 1 \ GARAGE 11 51 `O ICWATERLINES I1 II 11 1f / 11 11 1/ 1 1 1 11 1 1 1 1M• \‘\\ \ OSHED 1' `:\ 1 • • 1 `: LD 111 1 II I I GRAVEL DRIVE'( 11 j F n 1 tk 0 N Is S 89'24'45" W 447.08' 1 HOUSE 1 'i EXEMPTIO�J LOT 2 1\11 2.24 A RES 1 L� ` m EXISTING 1 0 • - \`• \ `__• `.„.\� • •\ • \\\•\`� ism PROPOSED LEACH FIELD 1-1 FOUND #5 REBAR AND PLASTIC CAP L.S. 7972 NW CORNER PARCEL 1 MOBLEY SUBD. N O z N 89'23'35" E 1373.71' BASIS OF BEARING PARCEL 1 MOBLEY SUBDIVISION KERRY M. BUSTAD AND KARLA K. MOBLEY 212725301001 WEST 1/16 SECTION 25 FOUND 3" ALUMINUM CAP ON #6 REBAR L.S. 13501 \ FOUND #5 REBAR AND O PLASTIC CAP LS. 26950 N 3548' W 1.9' O N N n m N O V N z 0 N N N v N 89'24'45" E 236.14' FOUND #5 REBAR 67.89;th AND PLASTIC CAP L.S. 14111 NE CORNER PARCEL 1 MOBLEY SUBD. 1/4 CORNER SECTION 25 AND 36 FOUND 3" B.L.M. ALUMINUM CAP ___, AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF COLORADO, OR AGENT AUTHORIZED BY A TITLE INSURANCE COMPANY, DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO ALL LANDS SHOWN UPON THIS PLAT AND THAT TITLE TO SUCH LANDS 15 VESTED IN FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES (INCLUDING MORTGAGES, DEEDS DF TRUST, JUDGMENTS, EASEMENTS, CONTRACTS AND AGREEMENTS OF RECORD AFFECTING TI -E REAL PROPERTY IN THIS PLAT), EXCEPT AS FOLLOWS: DATED THIS DAY OF , A.D., 2011. TITLE COMPANY: AGENT OR ATTORNEY COLORADO ATTORNEY REGISTRATION NO. ___ FOUND #5 REBAR AND PLASTIC CAP LS. 13501 N 21'30' W 0.8' PARCEL 2 MOBLEY SUBDIVISION MOBLEY JOINT REVOCABLE TRUST C/0 CARL C. AND MARGARET CORDELIA MOBLEY 21275301002 CLERK AND RECORDER'S CERTIFICATE CERTIFICATE OF DEDICATION AND OWNERSHIP THE UNDERSIGNED, FIONA C. LLOYD AND DAVID B. PEGG, BEING SOLE OWNER(S) IN FEE SIMPLE OF ALL THAT REAL PROPERTY SITUATED IN GARFIELD COUNTY, COLORADO, DESCRIBED AS FOLLOWS: LOT 1 - PEACH VALLEY ORCHARD NE1/4SE1/4SW1/4 OF SECTION 25 GARFIELD COUNTY, COLORADO CONTAINING 10.30 ACRES, MORE OR LESS, HAS [HAVE] BY THESE PRESENTS LAID OUT AND PLATTED THE SAME AS SHOWN ON THIS PLAT UNDER THE NAME AND STYLE OF LLOYD MINOR SUBDIVISION, AN EXEMPTION PLAT OF LANDS IN THE COUNTY OF GARFIELD. THE OWNER(S) DO(ES) HEREBY DEDICATE AND SET APART ALL OF THE STREETS AND ROADS AS SHOWN ON THE ACCOMPANYING PLAT TO THE USE OF THE PUBLIC FOREVER, AND HEREBY DEDICATE(S) TO THE PUBLIC UTILITIES THOSE PORTIONS OF' SAID REAL PROPERTY WHICH ARE LABELED AS UTILITY EASEMENTS ON THE ACCOMPANYING PLAT AS PERPETUAL EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES, IRRIGATION AND DRAINAGE FACILITIES INCLUDING, BUT NOT LIMITED TO, ELECTRIC LINES, GAS LINES AND TELEPHONE LINES, TOGETHER WITH THE RIGHT TO TRIM INTERFERING TREES AND BRUSH, WITH PERPETUAL RIGHT OF INGRESS AND EGRESS FOR INSTALLATION AND MAINTENANCE OF SUCH LINES. SUCH EASEMENT AND RIGHTS SHALL BE UTILIZED IN A REASONABLE AND PRUDENT MANNER. ALL EXPENSE FOR STREET PAVING OR IMPROVEMENTS SHALL BE FURNISHED BY THE SELLER OR PURCHASER, NOT BY THE COUNTY OF GARFIELD. EXECUTED THIS __ DAY OF -,__---__-, A.D., 2011. FIONA C. LLOYD 1491 COUNTY ROAD 237 SILT, COLORADO 81652 STATE OF COLORADO SS COUNTY OF GARFIELD DAVID B. PEGG 1491 COUNTY ROAD 237 SILT, COLORADO 81652 THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS ____ DAY OF __________, A.D., 20__, BY FIONA C. LLOYD AND DAVID B. PEGG. MY COMMISSION EXPIRES: ____ WITNESS MY HAND AND OFFICIAL SEAL. NOTARY PUBLIC THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO, AT _ O'CLOCK ____, ON THIS _ _ DAY OF ____, 2011, AND IS DULY RECORDED AS RECEPTION NO. _________. CLERK AND RECORDER BY DEPUTY COUNTY SURVEYOR'S CERTIFICATE APPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF SURVEYS, CALCULATIONS OR DRAFTING, PURSUANT TO C.R.S. § 38-51-101 AND 102, ET SEQ. DATED THIS ___ DAY OF _____ A.D., 2011_. GARFIELD COUNTY SURVEYOR NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTON BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY AN ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. NOTES: EXEMPTION LOT 1 A PARCEL OF LAND SITUATED IN THE NE1/4SE1/4SW1/4 OF' SECTION 25, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST SIXTEENTH CORNER OF SAID SECTION 25, WHENCE THE WEST QUARTER CORNER OF SAID SECTION 25 BEARS N 46'12'31" W 1885.72 FEET; THENCE N 89'25'56" E 679.59 FEET ALONG THE NORTHERLY LINE OF SAID NW1/4SE1/4SW1/4; THENCE S 01'02'22" E 240.75 FEET ALONG THE EASTERLY LINE OF SAID NW1/4SE1/4SW1/4; THENCE LEAVING SAID EASTERLY LINE S 70'03'42" W 305.69 FEET; THENCE S 10'32'54" E 321.31 FEET TO THE SOUTHERLY OF SAID NW1/4SE1/4 SW1/4 ; THENCE S 89'24'45" W 447.08 FEET ALONG SAID SOUTHERLY LINE; THENCE N 00'43'24" W 658.74 FEET ALONG THE WESTERLY LINE OF SAID NW1/4SE1/4 SW1/4 ; TO THE POINT OF BEGINNING CONTAINING 8.06 ACRES MORE OR LESS. EXEMPTION LOT 2 A PARCEL OF LAND SITUATED IN THE NE1/4SE1/4SW1/4 OF SECTION 25, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF THE NW1/4SE1/4SW1/4 OF SAID SECTION 25 WHENCE THE WEST QUARTER CORNER OF SECTION 25 BEARS N 42'50'20" W 2671.72 FEET; THENCE N 89'24'45" E 236.14 FEET ALONG SAID SOUTHERLY LINE TO THE SOUTHEAST CORNER OF SAID NW1/4SE1/4SW1/4; THENCE N 01'02'22" W 417.77 FEET ALONG THE EASTERLY LINE OF SAID NW1/4SE1/4SW1/4; THENCE LEAVNG SAID EASTERLY LINE S 70'03'42" W 305.69 FEET; THENCE S 10'32'54" E 321.31 FEET TO THE POINT OF BEGINNING CONTAINING 2.24 ACRES MORE OR LESS. 1) THE U.S. SURVEY FOOT WAS THE UNIT OF MEASURE USED FOR THIS SURVEY. 2) THE BASIS OF BEARING USED FOR THIS SURVEY IS N 89'23'35" E BETWEEN A FOUND 2-1/2' ALUMINUM CAP MARKED AS THE WEST SIXTEENTH CORNER OF SECTIONS 25 AND 36, RICHARD HOLSAN, L.S. 13501 AND A FOUND 3 INCH ALUMINUM B.L.M. CAP AT THE QUARTER CORNER OF SECTIONS 25 AND 36. THE DETERMINATION OF THE BOUNDS OF THIS PARCEL IS BASED ON THE FOLLOWING, THIS PARCEL IS LEGALLY DESCRIBED AS LOT 1 PEACH VALLEY OFCHARD. PEACH VALLEY ORCHARD IS A SUBDIVISION PLATTED IN GARFIELD COUNTY, AND SHOWN ON THE MAP OF PEACH VALLEY ORCHARD, FILED JANUARY 25, 1509 AS MAP # 0036. AS SHOWN AND DESCRIBED ON THE MAP, LOT 1 IS IN THE SE1/$ OF SW1/4 OF SECTION 25,T.5S.,R.92W. OF THE 6TH. P.M.. THERE IS A RIGHT OF WAY DEDICATED TO GARFIELD COUNTY OVER, THROUGH AND ACROSS THE ROADS AS SHOWN ON THE MAP. THERE IS NO INDICATION OF THE RIGHT OF WAY DIMENSION ON T -1E MAP. PRESENTLY COUNTY ROAD 237 IS LOCATED NEAR THE WESTERLY AND NORTHERLY SIDES OF' LOT1. FROM THE MAP OF PEACH VALLEY ORCHARD I HAVE RESOLVED THAT THE LOCATION OF LOT 1 TO BE THE NW1/4SE1/4SW1/4 OF SECTION 25. TO CALCULATE THE LOCATION OF THE PARCEL IT WAS NECESSARY TO SUBDIVIDE THE SW1/4 OF SECTION 25. SURVEYOR'S CERTIFICATE 6/ I, RICHARD G. DEMING, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO, THK THIS PLAT IS A TRUE, CORRECT AND COMPLETE PLAT OF LLYOD MINOR SUBDIVISION, AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT WES MADE FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME, OR UNDER MY SUPERVISION, AND CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS AND STREETS OF EXEMFTION LOTS 1 AND 2 AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE SUBDIVISION OF LAND. IN WITNESS WHEREOF, I HAVE SET MY HAND AND SEAL THIS ____ DAY OF ___, A.D., 2011. CeM- eiTores 1149- cio,Sunl LLOYD MINOR SUBDIVISION 1491 COUNTY ROAD 237 COUNTY ROAD 132 GARFIELD COUNTY, COLORADO *It Yr tat i 47. lames � aWetk rminwaQ>. 1A,kitrIse _ MAY 13, 2011 PROJECT: 11917 LOT1 PVO.DWG G0 RICHARD G. DEMING PROFESSIONAL LAND SURVEYOR DEMING LAND SURVEYING LLC 12102 COUNTY ROAD 320 RIFLE, COLORADO 81650 970-625-0181