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Home My WebLink About1.0 Application• BEFORE THE BOARD OF COUNTY COMMISSIONER OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984, the undersigned ' exmi c' ` 7'tiLy4 `% /rl/ is -respectfully petitions the Board of County Commi%sippers of Garfield County, Colorado, to exempt by Resolution the division of acre tract of land in o . / tracts of approximately C1.1 6,,g•E- S , a k acres each, more or less, from the definitions of "subdivision" and "subdivided land" as the to s are used and defined in C.R.S. (1973) Section 30- 28-10 (10) (a) (d) and. he Garfield County Subdivision Regulations for the, reasons sta ed bel o : e-?...? ",,.,} i/os a eA__e 5 (2_11Liiiiry SUBMITTAL REQUIREMENTS: An application which satisfied the review criteria must be submitted with all the following information: A. Sketch map at a minimum scale of 1 "=200' showing the legal description of the property, dimension and area of all lots or separate interests to be created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities; and B. Vicinity map at a minimum scale of 1 "=2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy of U. S. G. S. quadrangle map may be used; and C. Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant; and D. Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees of minerals owners of record of the property to be exempted, and tenants of any structure proposed for conversion; and E. Evidence of the soil types and characteristics of each type; and F. Proof of legal and adequate source of domestic water for each lot created, method of sewage disposal, and letter of approval of fire protection plan from appropriate fire district; and G. If connection to a community or municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve; and H. Narrative explaining why exemption is being requested; and 1. • • I. It shall be demonstrated that the parcel existed as described on January 1, 1973 or the parcel as it exists presently is one of not more than three parcels created from a larger parcel as it existed on January 1, 1973. J. A $300.00 fee must be submitted with the,,aplicIij 1j! ing Address State 970-4.3---/7741C7 Telephone Number EXEMPTION APPLICABILITY The Board of County Commissioners has the discretionary power to exempt a division of land from the definition of subdivision and thereby from the procedure in these Regulations, provided the Board determines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The Board shall make exemption decisions in accordance with the requirements of these regulations. Following a review of the individual facts of each application in light of the requirements of these Regulations, the Board may approve, conditionally approve or deny an exemption. An application for exemption must satisfy, at a minimum, all of the review criteria listed below. Compliance with the review criteria, however, does not ensure exemption. The Board also may consider additional factors listed in Section 8:60 of the Subdivision Regulations. A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973. In order to qualify for exemption, the parcel as it existed on January 1, 1973, must have been 35 acres or greater in size at that time and not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad), preventing joint use of the proposed tracts, and the division occurs along the public right-of- way, such parcels thereby created may, at the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable. For the purposes of definition, all tracts of land 35 acres or greater in size, created after January 1, 1973 will count as parcels of land created by exemption since January 1, 1973. 2. • • B. All Garfield County zoning requirements will be met; and C. All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained; and Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot. Proof of a legal supply shall be an approved substitute water supply plan contract; augmentation plan; an approved well permit; legally adjudicated domestic water source or a contract for a permanent legal supply of domestic water to be hauled from an outside site for a cistern. Proof of the physical supply from a well for the public meeting, may be documentation from the Division of Water Resources that demonstrates that there are wells with 1/4 mile of the site producing at least five (5) gallons/minute. Prior to the signing of a plat, all physical water supplies using a well shall demonstrate the following: 1) That a four (4) hour pump test be performed on the well to be used; 2) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; 4) A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; 5) An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6) If the well is to be shared, a legal, well sharing agreement which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs. 7) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. For water supplies based on the use of cistern, the tank shall be a minimum of 1000 gallons. E. Method of sewage disposal, and a letter of approval of the fire protection plan from the appropriate fire district; and F All state and local environmental health and safety requirements have been met or are in the process of being met; and G. Provision has been made for any required road or storm drainage improvements; and H. Fire protection has been approved by the appropriate fire district; and 3. • • I. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and J. School fees, taxes and special assessments have been paid. (The school impact fee is $200.00 for each lot created) PROCEDURES A. A request for exemption shall be submitted to the Board on forms provided by the Garfield County Planning Department. Two (2) copies of the application, maps and supplemental information shall be submitted. B The Planning Department shall review the exemption request for completeness within eight (8) days of submittal. If incomplete, the application shall be withdrawn from consideration and the applicant notified of the additional information needed. If the application is complete, the applicant shall be notified in writing of the time and place of the Board of County Commissioners meeting at which the request shall be considered. In either case, notification shall occur within fifteen (15) days of submittal. Notice of the public meeting shall be mailed by certified mail, return receipt requested, to owners of record of land immediately adjoining and within 200 feet of the proposed exemption, to mineral owners and lessees of mineral owners of record of the land proposed for exemption, and to tenants of any structure proposed for conversion. The exemption site shall be posted clearly and conspicuously visible from a public right-of-way with notice signs provided by the Planning Department. All notices shall be mailed at least fifteen (15) and not more than thirty (30) days prior to the meeting. The applicant shall be responsible for mailing the notices and shall present proof of mailing at the meeting. At or within fifteen (15) days of the meeting, the Board shall approve, conditionally approve or deny the exemption request. The reasons for denial or any conditions of approval shall be set forth in the minutes of the meeting or in a written resolution. An applicant denied exemption shall follow the subdivision procedures in these regulations. 4. • • SUBDIVISION REGULATIONS OF GARFIELD COUNTY, COLORADO OF 1984 including amendmentthpugh 19. 7e1-4-14aFy 1997. 8:00 EXEMPTION 8:10 APPLICABILITY The Board of County Commissioners has the discretionary power to exempt a division of land from the definition of subdivision and, thereby, from the procedure in these Regulations, provided the Board determines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The Board shall make exemption decisions in accordance with the requirements of these regulations. Following the review of the individual facts of each application, in light of the requirements of these Regulations, the Board may approve, conditionally approve or deny an exemption request. The Board has determined that leases, easements and other similar interests in land for oil and gas facilities; and an accessory dwelling unit or two family dwelling that are subject to leasehold interest only and complying with the requirements of the Garfield County Zoning Resolution, are exempt from these regulations. 8:20 PROCEDURE 8:21 A request for exemption shall be submitted to the Board on forms provided by the Garfield County Planning Department. Two (2) copies of the application, maps and supplemental information shall be submitted. 8:22 The Planning Department shall review the exemption request for completeness within eight (8) days of submittal. If incomplete, the application shall be withdrawn from consideration and the applicant notified of the additional information needed. If the application is complete, the applicant shall be notified in writing of the time and place of the Board of County Commissioners' meeting at which the request shall be considered. In either case, notification shall occur within fifteen (15) days of submittal. 8:30 BOARD OF COUNTY COMMISSIONERS' MEETING 8:31 The Board shall consider the exemption request at a scheduled Board meeting. Notice of the public meeting shall be mailed by certified mail, return receipt requested, to owners of record of land immediately adjoining and within two hundred (200) feet of the proposed exemption, to mineral owners and lessees of mineral owners of record of the land proposed for conversion. The exemption site shall be posted clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. All notices shall be mailed at least fifteen (15) and not more than thirty (30) days prior to the meeting. The applicant shall be responsible for mailing the notices and shall present proof of mailing at the meeting. 8-1 • • At or within fifteen (15) days of the meeting, the Board shall approve, conditionally approve or deny the exemption request. The reasons for denial, or any conditions of approval, shall be set forth in the minutes of the meeting or in a written Resolution. An applicant denied exemption shall follow the subdivision procedure in these Regulations. 8:33 A plat of an approved or conditionally approved exemption shall be presented to the Board for signature within 120 days of approval. The plat shall include a legal description of the exempted property, and Exemption Certificate (See Appendix), the County Surveyor's Certificate (See Appendix) and a state, if four (4) lots, parcels, or interest have been created on the parcel, that "NOTE: No further divisions by exemption from definition will be allowed." The plat shall be recorded with the County Clerk and Recorder no later than thirty (30) days after the Chairman's signature. The Chairman of the Board of County Commissioners shall not sign a plat of a conditionally approved exemption until all conditions of approval have been complied with. 8:40 SUBMITTAL MAPS AND SUPPLEMENTAL TNFORMATTON 8:41 An application for exemption shall be accompanied by the following maps: A. Sketch map, at a minimum scale of 1 "=200', showing the legal description of the property, dimension and area of all lots or separate interests to be created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities; and B. Vicinity map, at a minimum scale of 1"=2000', showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy of a U.S.G.S. quadrangle map may be used. 8:42 The following supplemental information regarding the proposed exemption shall be filed with the application: A. Copy of the deed showing ownership in the applicant, or a letter from the property owner(s), if other than the applicant; B. Names and addresses of owners of record of land immediately adjoining and within two hundred feet (200') of the proposed exemption, mineral owners and lessees of mineral owners of record of the property to be exempted, and tenants of any structure proposed for conversion; C. Evidence of the soil types and characteristics of each type; D. Proof of legal and adequate source of domestic water for each lot created. Proof of a legal supply shall be an approved substitute water supply plan contract or augmentation plan, an approved well permit or legally adjudicated domestic water source. Proof of physical supply for the public meeting may be documentation from the Division of Water Resources that demonstrates 8-2 • • that there are wells within 1/4 mile of the site producing at least five (5) gallons/minute. Prior to the signing of a plat, all physical water supplies shall demonstrate the following: 1. That a four (4) hour pump test be performed on the well to be used; 2. A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3. The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; 4. A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; 5. An assumption of an average of no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6. If the well is to be shared, a legal, well sharing declaration which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs; 7. The water quality be tested by an independent testing laboratory and meet State guidelines concerning bacteria and nitrates. For water supplies based on the use of cistern, the tank shall be a minimum of 1000 gallons. E. Method of sewage disposal, and letter of approval of fire protection plan from appropriate fire district; F If connection to a community or municipal water or sewer system, is proposed, a letter from the governing body stating a willingness and ability to serve; G. Narrative explaining why exemption is being requested; H. It shall be demonstrated that the parcel existed, as described on January 1, 1973, or the parcel, as it exists presently, is one (1) of not more than three (3) parcels created from a larger parcel, as it existed on January 1, 1973; and I. School fees, taxes and special assessments have been paid. (The school impact fee is $200.00 for each lot created). 8:50 REVIEW CRITERIA 8:51 An application for exemption must satisfy, at a minimum, all of the review criteria listed in Section 8:52. Compliance with the review criteria, however, does not ensure exemption. The Board may also consider the additional factors listed in Section 8:60, and the applicability standard of Section 8:10, to determine whether the exemption, in the Board's discretion, shall be approved or denied. 8-3 • • 8:52 The Board shall not grant an exemption unless the division proposed for exemption has satisfied the following criteria: A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973. In order to qualify for exemption, the parcel as it existed on January 1, 1973, must have been larger than thirty five (35) acres in size at that time and not part of a recorded subdivision; however, any parcel to be divided by an exemption that is split by a public right-of-way (State or Federal Highway, County road or railroad), preventing joint use of the proposed tracts and the division occurs along the public right-of-way, such parcels thereby created may, in the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable. For the purposes of definition, all tract of land thirty five (35) acres or greater in size, created after January 1, 1973, will count as parcels of land created by exemption since January 1, 1973. B. All Garfield County zoning requirements will be met; C. All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained; D. Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot; E. All state and local environmental health and safety requirements have been met or are in the process of being met; F Provision has been made for any required road or storm drainage improvements; G. Fire protection has been approved by the appropriate fire district and impact fees are paid, based on a study of the fiscal impact on the district by new subdivision development, approved by the Board of County Commissioners and Planning Commission. H. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and I. School fees, taxes and special assessments have been paid. 8:60 ADDITIONAL CONSIDERATIONS In the evaluation of each petition for exemption, and in addition to the review criteria in Section 8:52, the Board shall consider the following: A. General conformance with the Garfield County Comprehensive Plan; B. Compatibility of the proposed exemption with existing land uses in the surrounding area; 8-4 • • C. Recommendations of any municipality within two (2) miles of the proposed exemption, or within three (3) miles, if the municipality has a major street plan; D. Recommendations of any state or local agency or organization whose opinion the Board determines is necessary or appropriate; E. Suitability of soil, water, vegetation, geologic and topographic characteristics of the land for the type of division proposed; F. Number of lots and/or multiple -dwelling units created by the proposed exemption; G. Provision for open space within the proposed exemption; H. Proposed density and provisions for adequate off-street parking; and I. Covenants and plat notes, restricting the lots to the following: 1. One (1) dog will be allowed for each residential unit within a subdivision and the dog shall be required to be confined within the owner's property boundaries. The requirements shall be included in the protective covenants for the subdivision with enforcement provisions allowing for the removal of a dog from the area as a final remedy in worst cases; 2. No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid -fuel burning stove as defined by C.R.S. 25-7-401, et. sew., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances; and 3. Each subdivision shall have covenants requiring that all exterior lighting be the minimum amount necessary and that all exterior lighting be directed inward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. 8-5 Donald and Kathlyn Germano 5807 County Road 320 Rifle Colorado 81650 (970) 625-4487 The Board of County Commissioners of Garfield County Garfield County, Colorado March 4, 1999 To the Board: We are the owners of a 40 acre, single parcel of land at 5641 County Road 320 in the county of Garfield that is separated by County Road 320. We do hear by, respectfully request that the Board of County Commissioners of Garfield County grant a request for the creation of a 10 acre parcel bordering this public roadway. Please attend to this matter expediently as we are delaying the conduction of business pending the Boards action in this matter. 'Kindest Regards, Donald and Kathlyn Geramno A EXHIBIT A The land referred to in this policy is situated in the State of Colorado, County of GARFIELD , and is described as follows: PARCEL 1: ions of the SWANW% of Section 26, Tp. 6 S., R. 94 W., 611' P.M., more fully described as follows: Beginning at the SE corner of SW}4NIY of Sec 26, Tp. 6 S., R. 94 W., of the 6l P.M.; thence S. 88°57'47" W. 855.00 ' along the subdivision line to the centerline of the county road; thence leaving the subdivision line N. 33°36'58" E. 20.11' along the center line; thence following a 6°58'02" curve to the right 399.51', whose long chord is N. 37°06'02" E. 399.26'; thence N. 40°35' E. 602.60'; thence following a 9°52' curve to the right 239.40' whose long chord is N. 45°31' E. 239.12'; thence N. 50°27' E. 34.93' to the subdivision line; thence leaving the centerline S. 0°47'24" E. 967.25' along the subdivision line to the point of beginning. A parcel of land located in the SEANEA of Sec. 27, Tp. 6 S., R. 94 W., 62' P.M. and in the SW}aNW'i of Sec. 26, Tp. 6 S., R. 94 W., 6 P.M., more particularly described as follows: Beginning at the SW corner of the SEANEA of Sec. 27, Tp. 6 S., R. 94 W. 6 S° P11.; thence S. 89°45'31" E. 1324.9' to the L% corner of said Sec. 27; thence following the subdivision line N. 88°57'47" E. 469.89' to the centerline of the county road; thence leaving the subdivision line N. 33°36'58" E. 20.11' along the centerline; thence following a 6°58'02" curve to the right 399.51' whose long chord is N. 37°06'02" E. 399.26'; thence N. 40°35' E. 398.93'; ° thence leaving the centerline of the county road N. 89°44'40" W. 1018.00' to the West line of said Sec. 26; thence N. 89°44'40" W. 1301.14' to the West subdivision line of SE}LNE)C of said Sec.27; thence along the subdivision line S. 1°04'59" E. 651.5' to the point of beginning. N O � v CC 0 0 w CC J Q cn rI CC NII o a Q .z >- I— f— i GL LU d 0 CC a H z w N w CC z 111 0 w S 0 N z 0 1- Q 0 Y 5 iii III el'I - k t _ • r ..:__ A !L.-' )/ . '' .., t '` "' ' L J Fti r tN Yf .r f q.–.3.�.p 11' j L (,,2.if; I 1 COST APPROACH $ MARKET APPROACH $ INCOME APPROACH $ ASSESSED VALUE J 0 0 I1, 1 q1)^ W O N o d' d' n o z 5 0 N coM '±6 ?' ` ACTUAL VALUE TOTAL 01 0``3 00 c0 V j a IMPS c0� Lr a rLAND 0 0 00 NM •3 M cc M cY 01 ri cs o NEIGHBORHOOD CODE 1c9nnA nn I SCHOOL DIST1 DESIRABILITY 11 PROPERTY ADDRESS 5807 320 Road DOC.FEE n In 0 VERIFIED SALES PRICE I LAND VALUE CALCULATIONS r TOTAL LAND VALUE Consideration of the amount of time required to recognize Potential Value Yrs. Est. Potential Value $ OPEN SPACE CALCULATIONS DATE NO ACRES! PER ACRE SALES REFERENCES �,lam,r es°.oos.m• 541::117.4.5:" s'u1r4s• 1 arqsA r r f LANTOTVAALL UE COST APPROACH TOTAL VALUE MARKET VALUE IN THE ORDINARY COURSE OP TRADE (TOTAL PROPERTY) SUBJECT INDIC VALUE L., r o w C z d iw U ADJ BASE UNIT VALUE (LAND VALUE cc 0 BOOK OOR PAGE CLERKS NO. N < ' ADJ. VALUE L Per SO FT i- '•;'.4 REMARKS I SALE 841/342;Res 78-51;831/ LAND – —_- I HANI RCNLD ir VIENT FACTORS ITIONI OTHER jCOMPOSITE , Q /_ r - SALES DATE ADJUSTMENTS 1 1 _ N h ri dc'� KO tom` 1-1 tn,$) to -` < • . OWNERS NAME rpprrn: t 7 Kathryn A. & Germano, Donald R. d' COLO O - ;" IND VALUE Pe, SO FT LC)V d D N NW IHAMI --- ADJ- RCN _er W E Z u m BASE UNIT 'I VALUE J SUBDIVISION a0 as !COMPARABLE SALES REFERENCE REPLACEMENT COST NEW , a 0 LEGAL DES 7 A t. SENE Sec at the ti Sec.26; t 328.7'; t 95'; then • thence thence al 58.24'; w whose LOT SIZE SOUARE FOOT 0 0 11111.1111.01.1111111.111 z = Q Q a V m5 Q q 0yy • i A A J m S A m n 4 > N w I r r I LAND ATTRIBUTES ON USE g> 3 E Q O Q 0 CC 0 0 W CC J CC a a >cc W 0 cc —J CC J 0 0 Schedule# 024371 Tax Area 024 Twp 2175 ( D ) Range 94 Sec 27 1/4 Sec NE Parcel# 2175-271-00-051 Property Address 5641 — 320 Road Neighborhood Code ,__._. • VC 414712 30 ayh 1...�..' y4y. : . �r�:.. ' its lir • rF `: ;1- y, ( P # Q spy , - ' .tir '! $" Al• ' t!l . .S y nAcir gam,` 11 y +� t 8 8 O , Legal Description 3/77,494/510;444/543; N. 45°31' E. 239.12'; thence N. 50° 6-9427' E. 34.93'; thence S. 0°47'24" 6 26627: A tract in the SWNW E. 967.25' to the P.O.B. Also beg. at Sec. 26 i the SENE of Sec. 27 cont. the SW cor. of the SE 39.61 Ac. Beg. At the SE cor. of E. of Sec. 27; thencee SWNW of Sec. 26; thence S. 88°57' 5. 89°45'31" E. 1324.9''; thenc 47"W. 855' thence N. 33°36'58" N. 88°57'47" E. 469.89'; thence N. 3363502 E. 20.11'; thence to 39 1 g a ose6'or curve E. 20.11';thence following a 6° 58'02" curve to the right 399.51' whose chord to the right 399.51' hord is N. 37°06'02" E399.26' whose chord is N. 37°06'02" E. thence N. 40°35' E. 398.93'; thence N 399.26'; thence N. 40°35' E. 602.60'89°44'40" W. 1018'; thence N. 89° thence following a 9°52' curve to 44'48" W. 1301.14'; thence S.1°04'59" the right 239.40', whose chord is E. 651.5'to the P.O.B. TOTAL 39.61 Ac. SCS Map No. — 0 Book & Page or Clerk's No. zf1'N)s M 's - c0 \ t Sales Date C\ rn a n Mailing Address City/State Zip Owner's Name C C 1 LAND CLASSIFICATION OTHER AG MEADOW HAY ZN 2 0 IRRIGATED zn w 0 U Q > O O 0 8 w 8 • 8 ca 8 8 8 69 0 0 O U co 40 > to 0 4) DRY FARM 0 LIJ r O O 0 N 0 N v CLASS CODE Animal Unit ACRES VIB 414701 25 VC 414712 30 VIC 414702 35 VID 414713 40 VID 414703 45 VIII 414705 60 VIIC 414716 70 5 Ki cl 8 8 YIELD TONS 0 0 0 (0 4- 4- N 0 a m J e v > > v O > v Total Acres All Classes SUMMARY OF VALUE ASSESSED ACTUAL VALUE ASSESSED w J J 0 To 0 m` O E J a� O E D CO 0 f— t 0 n'I d O c; 0 N a E 0 r C i ACCESSIBILITY GOOD PUBLIC FAIR ~ PRIVATE POOR YEAR-ROUND .__. SEASONAL USE o LAND ATTRIBUTES LRnet_Richard M. Jr. & Carole May OWNERS NAME L PROPERTY ADDRESS 5809 - 320 Road1 NEIGHBORHOOD CODE 152008. SCHOOL DIST. DESIRABILITY SUBDIVISION Consideration of the amount of time required to recognize Potential Value Yrs. Est. Potential Value $ 1 - „ 'W ND VALUE CALCULATIONS p Q LOT SIZE -59UAnF-FB6T" LEGAL DESCRIPTION :r. in the SENE cont. 3eg. at a pt. whence of the SENE Sec.27 L°04'59" W. 388.24'; 35°24'23" E. 1299.92'; )°55'11" E. 388.07', 39°44'40" W. 1296.73', L°04'59" W. 278.16' to Total: 9.92 Ac. --.. .---.__.--.II .- OP DATE NO ACRES PEPRICEACP.E SALES REF ERE R DATE REPLACEMENT AFEA THAM COST NEW FACTOR ADJ. RCN MARKET VALUE IN THE ORDI SALES REFERENCE NAME NO I IND VA 1 Pei SO .(_CJMPARA6t_E SA( ES REFERENCE BASE UNIT SALES ADJUS-TMTNTFACTOR1 VALUE - SIZE1 TIME ILOCATION1 OTHER ICOMPOSITE m A°. . t:. . - .1 y D REMARKS - j o td O 11 •• r m rn 0 ��F N TI•N E ONOM NARY COURSE OF TRADE (TOT LUE ADJUSTMENT FT I 1 -_ EN SPACE CALCULATIONS NCES .<i,.,� v7,,. .�luai va �• COST APPROACH DEPREcrAToN p, co co 5 0 . SALES DATE co - • ' N N ....! m n 5S n ., 1e°., •e. 355 TOTAL 190, wi Value LAND VALUE IHANI LAND VALUE TOTAL VALUE RCNLD AL PROPERTY) ADJ VALUE s,ieA q,e SUBJECT Pe, SO. FT 50 'T > INDIC. VALUE C. • BOOK on PAGE CLERKS NO vo 111. TWP RANGE ADJ BASE UNIT VALUE 7 VERIFIED SALES PRICE O, m , l0 TOTAL LAND VALUE om DOC.FEE ACTUAL VALUE INCOME APPROACH $ MARKET APPROACH $ COST APPROACH $ L• -\ L_ - f f •.1 I.'.. :P _L ',�` ��P�.Y.a ~ s `gni �', STA ci F "1/ \� p Oaz V p 0 n O 0 O 0 ''; 1 1 ► R. 0�'1 Q N TOTAL 8o? �(a000 17000 I7C.'c ` O O ASSESSED VALUE G�1 0 ip T Vl S m C r m 2 0 • M P _y O • M Z 0 m D v o • �9 O -u �IYI j> J y D r XJ m 0 0 D 0 rn m O N '• �go ASS °0. ?6 X o O I m') I Nk I o > 4.c �� - W 3'2 0 0 � I �3 � O \^\ / 3 ii. r I 3 \fit,?!!s -� go= 7,s7.-- s I � ; , U n Ri ^.s7 9 Fg iire u u... \ Q 'ICIcf. a ' °(5"6% �4, CD 6 0 7 V co 2, 0 -o co F � LP co W o X. .A�7JfPj bRAa6Q ,FP \ -›c) i tfit" t d b,.. %fxs,. 10409 \ -\1‘,,_ ....,, k k t ° i a x x auip3uaj x 'b!to!¢3'� 51!1/4 NF\ 71/4 SRC 26 X • EXHIBIT A The land referred to in this policy is situated in the State of Colorado, County of GARFIELD , and is described as follows: PARCEL 1: ions of the SW34NW% of Section 26, Tp. 6 S., R. 94 W., 6" P.M., more fully described as follows: Beginning at the SE corner of SW34NW. of Sec 26, Tp. 6 S., R. 94 W., of the P.M.; thence S. 88°57'47" W. 855.00 ' along the subdivision line to the centerline of the county road; thence leaving the subdivision line N. 33°36'58" E. 20.11' along the center line;whose long following a 6°58'02" curve to the right 399.51', chord is N. 37°06'02" E. 399.26'; thence N. 40°35' E. 602.60'; thence following a 9°52' curve to the right 239.40' whose long chord is N. 45°31' E. 239.12'; thence N. 50°27' E. 34.93' to the subdivision line; thence leaving the centerline S. 0°47'24" E. 967.25' along the subdivision line to the point of beginning. A parcel of land located in the SE)4NEA of Sec. 27, Tp. 6 S., R. 94 W., 6u) P.M. and in the SW%Pi]% of Sec. 2.6, Tp. 6 S., R. 94 W., 6'1' P.M., more particularly described as follows: R. 94 W. Beginning at the SW corner of the SE}4Ni of Sec. 27, Tp. 6 S., 6 P1`t; thence S. 89°45'31" E. 1324.9' to the L34 corner of said Sec. 27; thence following the subdivision line N. 88°57'47" E. 469.89' to the centerline of the county road; thence leaving the subdivision line N. 33°36'58" E. 20.11' along the centerline; thence following a 6°58'02" curve to the right 399.51' whose long chord is N. 37°06'02" E. 399.26'; thence N. 40°35' E. 398.93'; thence leaving the centerline of the county road N. 89°44'40" W. 1018.00' to the West line of said Sec. 26; thence N. 89°44'40" W. 1301.14' to the West subdivision line of SE}4NE}4 of said Sec.27; thence along the subdivision line S. 1°04'59" E. 651.5' to the point of beginning. Form N6. GWS -25 APPLICANT OFFICE OF ilk STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 LIC WELL PERMIT NUMBER 049891 - E__ - DIV. 5 CNTY. 23 WD 45 DES. BASIN MD Lot: Block: Filing: Subdiv: DONALD & KATHLYN GERMANO 5807 CR 320 RIFLE CO 81650- (970) 625-4727 PERMIT TO CONSTRUCT A WELL APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 NW 1/4 Twp 6 S RANGE 94 W Section 26 6th P.M. LINES DISTANCES FROM SECTION 3120 Ft. from South 1300 Ft. from West Section Line Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDFFIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #980213DKG(a). The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling, the irrigation of not more than 6,000 square feet (0.14 of an acre) of home gardens and lawns, and the watering of domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is to be located on a 39.6 acre tract at 5641 Garfield County Road 320, Rifle, Colorado. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The annual of amount of ground water to be appropriated shall not exceed one (1) acre-foot (325,850 gallons). 7) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 8) The well shall be constructed not more than 200 feet from the location specified on this permit. 9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. /"1 APPROVED TLC State Engineer Receipt No. 0428181B DATE ISSUED MAY 1 ld 1998 EXPIRATION DATE MAY 19 1999 Form Na GWS -25 APPLICANT OFFICE OF • STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 LIC WELL PERMff NUMBER 049891. DIV. 5 CNTY. 23 WD 45 DES. BASIN MD Lot: Block: Filing: Subdiv: DONALD & KATHLYN GERMANO 5807 CR 320 RIFLE CO 81650- (970) 625-4727 PERMIT TO CONSTRUCT A WELL APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 NW 1/4 Section 26 Twp 6 S RANGE 94 W 6th P.M. DISTANCES FROM SECTION LINES 3120 Ft. from South Section Line 1300 Ft. from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDf11ONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #980213DKG(a). 4) The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling, the irrigation of not more than 6,000 square feet (0.14 of an acre) of home gardens and lawns, and the watering of domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is to be located on a 39.6 acre tract at 5641 Garfield County Road 320, Rifle, Colorado. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The annual of amount of ground water to be appropriated shall not exceed one (1) acre-foot (325,850 gallons). 7) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 8) The well shall be constructed not more than 200 feet from the location specified on this permit. 9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings, /(0/ APPROVED TLC 7/1.2 State Engineer Receipt No. 0428181B By DATE ISSUED MAY 1 Y 1998 EXPIRATION DATE MAY 19 1999 Form N5. GWS -25 APPLICANT OFFICE OF 41, STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 LIC WELL PERMIT NUMBER 049891. - _ DIV. 5 CN -TY. 23 WD 45 DES. BASIN MD Lot: Block: Filing: Subdiv: DONALD & KATHLYN GERMANO 5807 CR 320 RIFLE CO 81650- (970) 625-4727 PERMIT TO CONSTRUCT A WELL APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 NW 1/4 Section 26 Twp 6 S RANGE 94 W 6th P.M. DISTANCES FROM SECTION LINES 3120 Ft. from South Section Line 1300 Ft. from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #980213DKG(a). 4) The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling, the irrigation of not more than 6,000 square feet (0.14 of an acre) of home gardens and lawns, and the watering of domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is to be located on a 39.6 acre tract at 5641 Garfield County Road 320, Rifle, Colorado. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The annual of amount of ground water to be appropriated shall not exceed one (1) acre-foot (325,850 gallons). 7) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 8) The well shall be constructed not more than 200 feet from the location specified on this permit. 9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these ma55. 14.4 APPROVED TLC State Engineer Receipt No. 0428181B DATE ISSUED MAv 1 9 998 EXPIRATION DATE MAY 19 1999 DATE: MARCH 6, 1997 TO: THE PRUDENTIAL TOWN & COUNTRY REALTY, INC. PH: ATTN: CHERYL CHANDLER ADDRESS: 0328 HWY. 133, STE. 133 RE: CARBONDALE, CO 81623 GERMANO / BRUN XX COMMITMENT FX: COMMONWEALTH TITLE COMPANY 127 E. 5th St. P.O. Box 352 Rifle, Colorado 81650 970-963-9700 970-963-9796 Thank you for your order. Enclosed please find the following: in connection with our File No. 9703013 TITLE POLICY ENDORSEMENT XX TAX CERTIFICATE TO FOLLOW LIMITED COVERAGE LOAN POLICY OTHER If If If If If Copies sent to: you have any questions concerning title work, please ask you have any questions concerning sales closings, please Rose is unavailable to answer a question, please ask for you have any questions concerning refinances, please ask you would like to place an order, please ask for JEAN ph:(970) 625-3300 fx:(970) 625-3305 for DEAN ask for ROSE EDE for DENNA III COMMITMENT FOR TITLE INSURANC SCHEDULE A FILE NO. 9703013 1. Effective Date: 24TH day of FEBRUARY 1997, at 7:59 A.M. 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 10-17-92) $235,000.00 Proposed Insured: DONALD R. GERMANO AND KATHLYN A. GERMANO (b) ALTA LOAN POLICY (10-17-92) $185,000.00 Proposed Insured: GERALD G. BRUN AND ELAINE I. BRUN 3. The estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and is at the effective date hereof vested in: GERALD G. BRUN AND ELAINE I. BRUN 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado, and described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF TITLE CHARGES OWNER'S POLICY MORTGAGEE'S POLICY TAX CERTIFICATE COUNTERSIGNED• �° W IGGLINA/ $673.25 30.00 10.00 Authorized Officer or Agent Valid Only if Schedule B and Cover Are Attached jd American Land Title Association Commitment Schedule A (Rev'd 6-86) ISSUING AGENT: Commonwealth Title Company 127 East 5th Street P. 0. Box 352 Rifle, Colorado 81650 FILE NO. 9703013 EXHIBIT "A" PARCEL 1 A parcel of land located in the SW1/4NW1/4 of Section 26, Township 6 South, Range 94 West, 6th P.M., more particularly described as follows: Beginning at the Southeast corner of SW1/4NW1/4 of Section 26, Township 6 South, Range 94 West, 6th P.M.; thence South 88°57'47" West 855.00 feet along the subdivision line to the centerline of the county road; thence leaving the subdivision line North 33°36'58" East 20.11 feet along the centerline; thence following a 6°58'02" curve to the right 399.51 feet, whose long chord is North 37°06'02" East 399.26 feet; thence North 40°35' East 602.50 feet; thence following a 9°52' curve to the right 239.40 feet, whose long chord is North 45°31' East 239.12 feet; thence North 50°27' East 34.93 feet to the subdivision line; thence leaving the centerline South 0°47'24" East 967.25 feet along the subdivision line to the POINT OF BEGINNING. PARCEL 2 A parcel of land located in the SE1/4NE1/4 of Section 27, Township 6 South, Range 94 West, 6th P.M. and in the SW1/4NW1/4 of Section 26, Township 6 South, Range 94 West, 6th P.M., more particularly described as follows: Beginning at the Southwest corner of the SE1/4NE1/4 of Section 27, Township 6 South, Range 94 West, 6th P.M.; thence South 89°45'31" East 1324.9 feet to the E1/4 corner of said Section 27; thence following the subdivision line North 88°57'47" East 469.89 feet to the centerline of a county road; thence leaving the subdivision line North 33°36'58" East 20.11 feet along the centerline; thence following a 6°58'02" curve to the right 399.51 feet whose long chord is North 37°06'02" East 399.26 feet; thence North 40°35' East 398.93 feet; thence leaving the centerline of the county road North 89°44'40" West 1018.00 feet to the West line of said Section 26; thence North 89°44'40" West 1301.14 feet to the West subdivision line of SE1/4NE1/4 of said Section 27; thence along the subdivision line South 1°04'59" East 651.5 feet to the POINT OF BEGINNING. FILE NO. 9703013 SCHEDULE B - SECTION I The following are the requirements to be complied with: 1. Instrument creating the estate or interest to be insured must be executed and filed for record, to wit: a. Warranty Deed from Gerald G. Brun and Elaine I. Brun vesting fee simple title in Donald R. Germano and Kathlyn A. Germano. b. Deed of Trust from Donald R. Germano and Kathlyn A. Germano to the Public Trustee of Garfield County for the use of Gerald G. Brun and Elaine I. Brun. 2. Pay the full consideration to, or for the account of, the Grantors or Mortgagors. 3. Pay all taxes, charges, assessments, :Levied and assessed against subject premises, which are due and payable. 4. Satisfactory evidence should be had that improvements and/or repairs alterations thereto are completed; that contractor, sub -contractor, Labor and materialmen are all paid; and have release of record all liens or notice of intent to perfect a lien for labor or material. NM 6 American Land Title Association Commitment Schedule B - Section I - Form 1004-5 FILE NO. 9703013 SCHEDULE B -SECTION 2 Schedule B of the Policy or Policies to be issued will contair exceptions to the following matters unless the same are disposed of to the satisfaction of the company: 1. Rights or claims of parties in possession not shown by the Public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are nct shown by the Public records, 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereor, covered by this commitment. 6. Pursuant to Senate Bill 91-14 (CRS 10-11-122) Notice is hereby given that: a) The subject real property may be located :in a special taxing district; b) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent; c) Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: A Tax Certificate will be ordered from the County Treasurer by the Company and the costs therefor charged to the proposed insured unless written instructions to the contrary are received by the Company prior to the issuance of the Title Policy anticipated by this commitment. 7. Any and all unpaid taxes, assessments and unredeemed tax sales. 8. Right of the proprietor of a vein or ].ode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded February 5, 1892 in Book 12 at Page 105. 9. One-half interest in all oil, gas and other mineral rights as reserved by Emma Mead in the deed to Norman H. Mead and Mary Jane Mead recorded July 21, 1950 in Book 251 at Page 433. 10. Oil and gas lease between Norman H. Mead and Mary jane Mead and Joe T. Juhan recorded April 21, 1955 in Book 283 at Page 300, and any and all assignments thereof, or interests therein. 11. Right of way for County Road No. 320. NOTE: EXCEPTION(S) WILL NOT APPEAR IN THE MORTGAGE POLICY TO BE ISSUED HEREUNDER The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B - Section 2, the following items: (1) The Deed of Trust, if any, required under Schedule B - Section I, Items (b).(2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales. American Land Title Association Commitment Schedule B - Section 2 Form 1004-12 FILE NO. 9703013 INFORMATIONAL NOTES This is to advise that COMMONWEALTH TITLE INSURANCE COMPANY makes available to its prospective insured owners, in conjunction with their COMMONWEALTH TITLE INSURANCE COMPANY policy covering a single family residence, including a condominium or townhouse unit, protection against mechanics' liens. This protection is not automatic nor given in all cases, but is subject to the Company's underwriting requirements, and does not cover those liens which arise out of work contracted for or entered into at the request of the insured owner. These underwriting requirements include, but may not be limited to, the following: 1. Receipt by the Company of agreement(s) indemnifying it for any loss resulting from its granting of lien protection, executed by the seller, contractor or others who might have incurred debts which could result in mechanics' liens; 2. Information concerning the solvency and whereabouts of the parties set forth in Item No. 1, possibly including financial statements; 3. Evidence of payment of any bills which might have been incurred for work done on the property, depending upon the length of time elapsed since the last work was completed and what remains to be done; 4. In the event of extensive recent constructions, whether on all the improvements located upon the property or not, additional items required may include: (a) the Company's review of the owner's and/or builder's history relative to construction projects previously completed or presently under construction; (b) review of the construction loan agreement if applicable; (c) review of any performance or material.man's bonds concerning this construction, if applicable; (d) payment of the appropriate charge for mechanics' lien protection during construction, if applicable. This is also to advise that, pursuant to Regulation of the Colorado Insurance Commissioner, every title entity shall be responsible for all matters which appear of record prior to the time of recording, and subsequent to the effective date of the commitment, whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed. This does not include those matters created, suffered, assumed or agreed to by the insured. The prospective insured is advised to inquire of the closing entity as to whether it is an office of COMMONWEALTH TITLE INSURANCE COMPANY or is an independent agent which will be the responsible entity relative to the closing only. • ISSUED BY , COMMONWEALTH LAND TITLE INSURANCE COMPANY ISMITMENT FOR TITLE INSURANCE Commonwealth Commonwealth Land Title Insurance Company, a Pennsylvania corporation, herein called the company, for a valuable con- sideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to m Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies committed for shall be issued, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the company. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its Corporate Name and Seal to be hereunto affixed; this instrument, including Commitment, Conditions and Stipulations attached, to become valid when countersigned by an Authorized Officer or Agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY Attest: /r;41ecrelry By President Conditions and Stipulations 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the Conditions and Stipulations, and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. PA 3 American Land Title Association Commitment - 1966 Cover Page Form 1004-8 ORIGINAL • I 111111111,,,, 111111111,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,l1,., , , » u 1111 u , „11,,,,,,,,,,,,,,,,,,,,,,,,,11,,,,,,,,,,,,,,,,,,,, ,,,,,,1.1, ,,, , 11m ,,,,,,,,,,,,,,,,,,,,,,,,,II OTICE1 TAKE NOTICE That t1 D ' IfitittriA1 6fr1,*dL1b has applied to the ECDAlap or awry eoitiownSilotteles Garfield, County pursuant to See, 4: , 6ARCO SUS _ vi RAM o: itu 4 AA. to allow : ek rArbet! Gird' /4 p/Ar/ (s) el1'�''ir'I�i�i / ' kat_ Dr /0 pekes photo a 2Cur WaAer Ds 3O Ate/?es on this property. A public .4Cl/' 6 ' on this application will be held in the COQA/ ` tow always dc. .$F . 30l, / a 9 grvsr Glenwood Springs, Colorado on )'lA'( 3 % )qqq (;e6 date) • atftE 3telm- 4:00 fel (time) Date Notice Was Posted : By: For additional information, contact the IttaAWIs4 A?fJWNINb atWI-Viaor Alaitil—B-s_ , 109 8th St. Suite f , Glenwood Springs, CO 81601 ® • GARFIELD COUNTY Building and Planning Department March 19, 1999 Donald & Kathy Germano 5807 County Road 320 Rifle, CO 81650 RE: Subdivision Exemption Request Dear Applicant, This letter is to inform you that your request for an exemption from the definition of subdivision will be heard before the Board of County Commissioners between the hours of 3:00 and 4:00 p.m., on May 3, 1999, in the Garfield County Courthouse, Commissioners Hearing Room, Suite 301, 109 8th St. , Glenwood Springs. Enclosed with this letter is a public notice form that must be published once in a newspaper of general circulation in the area and sent by certified return receipt mail to all property owners within two hundred (200) ft. of the property in question at least fifteen (15) days but not more than thirty (30) days prior to the date of the hearing, this includes public lands. We suggest sending the notice earlier than the required fifteen (15) days, to insure the return of the green return -receipt and be advised that the date of the hearing can not be considered as one of the fifteen (15) days prior to the hearing. Also enclosed in this letter is a sign which must be posted in a prominent location on the property in question and visible from a public road at least fifteen (15) days but not more than thirty (30) days prior to the date of the hearing. Be advised that the date of the hearing can not be considered as one of the fifteen (15) days prior to the hearing. You are also required to provide the proof of publication form provided by the newspaper and both the green domestic return receipts and the white receipt for certified mail to this office at, or before the hearing. Failure to complete the above stated noticing requirements will require re -noticing for a future hearing. If you have any questions about the public notice process, please contact this office. Sincerely, John Barbee, Senior Planner Phone: 945-8212 / Fax: 945-7785 109 8th Street, Suite 303 Glenwood Springs, CO 81601 • • TAKE NOTICE that Donald and Kathlyn Germano, have applied to the Board of County Commissioners, Garfield County, State of Colorado, for a subdivision exemption in connection with the following described property situated in the County of Garfield, State of Colorado; to - wit: Legal Description: See Attached Practical Description: 5807County Road 320, '/ miles west of Beaver Creek Manor, Taughenbaugh Mesa, Rifle, Colorado. Said subdivision exemption will create from a parent tact of 40 acres two (2) tracts of land of ten (10), and thirty (30) acres more or less. All persons affected by the proposed subdivision exemption are invited to appear and state their views, endorsements or objections. If you cannot appear personally at such meeting, then you are urged to state your views by letter, as the Board of County Commissioners will give consideration to the comments of surrounding property owners and others affected in deciding whether to grant or deny the request for the subdivision exemption. This subdivision exemption application may be reviewed at the office of the Planning Department located at 109 8th Street, Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado, between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. That public meeting on the application for the above subdivision exemption request has been set for the 3rd day of May, 1999, between the hours of 3:00 and 4:00 p.m., at the office of the Board of County Commissioners, Garfield County Courthouse, Suite 301, 109 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County IVNOSV3S 0 0 D 0 �0 1 1 I I D 0 0 z 0 1 D -1 0 con c10. n D 'l v_ 3U3i3ti S31 VteN 0 G Op 00, ' d G 0 gy 0 -C Via'' u ° 0o r r r 0 C� T O 'D- w u> w n `rix Tr 0• p.�4mmam• I w£frnC)wz (19 to c7 M (n z n • 0 (D N0• • Oj+ M o• ((DD M 4 j.»��I,N��m / MO£r•• mtOiO wap� 0MrruD I\) a0'£ 0 co_ —wwOm (0K •F0r> • 0 MN 0 11/41 IV I-4 rt • h G t+1 (Dmfl• l 0 (I) 0, D 0.7• crON.m o mN ronmrw w pnPr•crco m0N0 N Otn Orommn o n -awry n. _ • on 0 0 • zm» £��\ wrncrao - • 00 • Zi -P0'4>. r' 0�. D . CD - •••J• o • .0111' o w •• o @ co - ("i t+1 (A 03 m- n • - cn000 - om n £ 0 a r .o. 0' 0• M 4. 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Coco F�ln7• • ▪ r' co CD rr '- cn N N W .7• O (n .a. LC) M (n rr (D • -• :o• •za CD N ('f N D7 DO • 0 rr N -J N 'O Z x-m.0cnrtM 4-77(71-• (D O 0 0 0 0 n n (D n 4-r O Ut • g p 'L) (D -• -• - (D r4- • (00 -• 0 . • n rt n (D 0 fD 1 + 0 0 (D NOI dItlDS3O 1V031 13VAi z fts. x rn 0 0 0 0 0 0 a a c <> NMOL HO AlID IVV 0< �D 0 N w 9 n 0 0 N 2> -o mm 0 D 00 <-+ 44, z n m 0< Z n m D 0 HdVHDOIOHd 1 0ti m< 0'" - O = T tm co m OTHER / VACANT PROPERTY APPRAISAL RECORD • • Proof of Ownership Warranty Deed Parcel 1 and 2 shown as single parcel Deed 3/24/94 Book 896 Page 732 Quit Claim Parcel 1 and 2 shown as single parcel Deed 12/9/93 Book 885 Page 242-3 Quit C & Bill of Sale Parcel 1 and 2 shown as single parcel Deed 4/29/93 Book 860 Page 949 Public Trustee Deed Parcel 1 and 2 shown as one of four exemption parcels Resolution #78-51 Book 831 Page 967-8 Exemption Deed 8/13/84 Book 654 Page 485-6 Quit Claim • • Deed 8/13/84 Book 654 Page 483 Warranty Deed Deed 3/18/81 Book 567 Page 707 Deed r 11Recorded al Reeemi .n bio f-- / +N PIM t 4 191 1)1 I I ( 1 %I 11)1 I I1 v0S96 FIG; 732 Recorder 1111's 111111. kW, on. 9th ,1,,,, „I March Kathlyn A. Lowe and Donald R. Germano .1094 ,,. th, %Aid '1 ..ion. kttr, t e I d n.1 ILP 241144 GAFtFIELO SUSHI tl Doc. F 00 tc: ✓ Donald R. '.,ermano and Kathlyn A. Germano .d .he '1807 County Road 320, Rifle, CO 81650 sa id ( mints of Cart ie Id and State "t (nh,rado. grantees. A 11 \I CSI 111 I hat the gr.mb)r. for and in consnieranon of Thr sum of Five and No/Ion the rere,o, �.,t, suthttencs of which is hereby acknowledged, has remised. released. sold and Q( IITCLAIMED. and by these m, -sent does remise release. cell and QI II ICI AIM unto the grantees, their heirs, suv t ors and assigns forever. not in t en.irn.% m rmmnion. but in joint len.ine). all the nght. title. interest, claim and demand which the grantor has in and to the real prnta•rts uatether with imrr)•cments. if any. situate. ling and being in rhe said Cnunty of Gar field and State of Colorado, destrihed as follows: Sue Exhibit "A" Attached Hereto and Incorporated Herein. also known ht strt•el and number .iv 5807 County Road, 320, Rifle, Colorado 81650 11 ) 11.1\ f 4\1) I r) 1I( )I I) the same. together with all and singular the appurtenances and privileges thereunto helong• int ,,1 in am.st t.c !hereunto appertaining, and all the estate, right. title. interest and claim whatsoever. of the grantor. either •in law or youth. 111 the onts proper use. benefit and behoof of the grantees. their heirs and assigns forever. The singular nwnyer shall include the plural. the plural the singular. and the use of any : oder shall he applicable to all g •nderi. j's \\'I I \t•S . i1I KF(*. 'the grantor has executed this deed on c • to set forth above. Donald R. Germano thlyn .Lowe '14111)1 (01 (MAIN). ( mints of Garfield I he I'nrglnnr instrument was acknowledged ht lore me this ht Donald R.Germano and Kathlyn A. Lowe. M) Lommissilrn esnnes 4 , . i 7 RETURN TO: 18th da'. of March .1994 , .19 . Witness my hand and o. ciao seal. 1, '11 in looser rtn.rt us and'. Same eed Add 1 Cru) E 44"' f It co rrm,A Seely r,,,ud 1 shear. eut,k, rt,N211-14 .06!.rat) No 967 kr. s-9' U, 11, 1 is, A part of the SW1/4NW1/4 of Section 26, and a part of the SE1/4NEI/4 of Section 27, all in Township 6 South, Range 94 West, 6th Principal Meridian, more particularly described as follows: Beginning at the NE corner of the SW1/ONW1/4 of Section 26, Township 6 routh, Range 94 West of the 6th P.M., thence South 88 degrees 22'27" West 1328.7 feet along the Subdivision line the NW corner of said subdivision; thence following the subdivision line North 89 degrees 43'50" west 21.95 feet; thence South 0 degrees 56'11" East 278.00 feet to the center line of a 30 foot road easement; thence following said easement South 87 degrees 58'22" East 1281.82 feet; thence along a curve to the right 58.24 feet, whose radius is 68.92 feet and whose long chord is South 63 degrees 45'38" East 56.33 fent to the center line of a existing County Road; thence following said road North 50 degrees 27' East 34.93 feet to the subdivision line; thence following the subdivision line North 0 degrees 47'24' West 363.65 feet to the point of beginning. COUNTY OF GARFIELD STATE OF COLORADO .ng9s :~�3 Initials Rtc1ROF0 /. 3s' J'CtOCk n.M. 1,c • 45G30' DEC t 9 +qv "1L0RE C ALSDORF, irLD CCUYtr Ct KtrK pCY - F E" t CS' • innv0885rer.:242 DEC 0 9 1993 QUITCLAIM DEED AND BILL OF SALE Thc Federal Deposit Insurance Corporation, as receiver for FIRST NATIONAL BANK OF RIFI ("Seller"), whose address is 707 17th Street, Suite 3000, Denver, Colorado R0202, in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other valuable consideration. the receipt and sufficiency of which are hereby acknowledged, docs hereby sell and quitclaim to KATHLIYRLA_LQ_W_ AN1Z.?QNALD__R_O RMAN4 (the "Purchaser"), whose address is 44 W. 31s1, Rifle. Colorado 81659, the following: 1. The real property more particularly described in FathibiLA .o this Quitclaim Deed and Bill of Sale together with all buildings and other improvements located on the Real Property, and ail appurtenances pertaining to the Real Property (collectively. the "Real Property"); and 2. All goods, equipment, furnishings, fixtures, furniture, chattels and personal property of whatever nature owned by Seller and attached to or located on and used in connection with the Real Property (the "Personal Property"); SELLER HAS NOT MADE, AND DOES NOT MAKE, ANY REPRESENTATION, W ARRANTY OR COVENANT, EXPRESS OR IMPLIED, WITH RESPECT TO THE OWNERSHIP, TITLE, MERCHANTABILITY, CONDITION, QUALITY, DURABILITY, ✓F_SIGN, OPERATION, FITNESS FOR USE, OR SUITABILITY OF THE REAL PROPERTY OR PERSONAL PROPERTY, OR ANY COMPONENT THEREOF. THE REAL PROPERTY AND PERSONAL PROPERTY ARE SOLD, TRANSFERRED, AND ASSIGNED TO PURCHASER "AS IS," "WHERE IS," AND "WITH ALL FAULTS". Purchaser or anyone claiming by, through or under Purchaser fully releases Seller, its employees, officers, directors, and agents, from any and all claims, liability, damage, expense, arising from or related to any defects, errors, omissions, or other conditions affecting the Real Provrty or the Personal Property whether known or unknown, suspected or unsuspected. This covenant releasing Seller shall be a covenant running with the land and shall be binding upon Purchaser, its successors and assigns. IN WITNESS WHEREOF. this Quitclaim Deed and Bill of Sale is executed by Seller and Purchaser to be effective as of the 1st day of ember , 1993 . SELLER: PU,RCIASE FEDERAL DEPOSIT INSURANCE CORPORATION )( as receiver for FIRST NATIONAL. BANK OF RIFLE, k '1A IL1 YN A. LOn SLD R. GENO t 993 By: `Print NalorRobert A. Miller. Title: Assistant Manattina Liquidator and Anomev-in-Fact. Individual(s) or (if Purchaser is other than an individual): *pi A,qr 8t rQ ORADO OF DENVER l, Or• r" rhL. instrument was acknowledged before me on BY: Print Name: Title: STATE OF COLORADO COUNTY OF GARFIELD This instrument was acknowledged before me on this Olst day of December 1993 by Robert A. Miller this eiti day ofDEC, 19.93by Kathlvn A. Lowe Attorney -in -Fact for the Federal Deposit xist and xtttc Donald R. Germapo surance Corporation, as receiver for FIRST NATIONAL DANK F RIFLE. Notary Public in and for the State of COLORADO Public in and for the of COLORADO My Commission expires: ..5 0. .. Ivrtout iaa�on expires:: rii 4, 1994 i , G --- PrintedPI ame: ndy L. Suwyn 05/17/95 • *mem At 4.-- 0•ClotAL.m.A� a 9 It" a 446860 MIIORE S00Rf, COUAtt CLERK • PUDIC TRIst►E t DEED rn" 860rich949 2sle No. 9i_L1 THIS DEED 1s made this _OCT'''. day of /7 ,'% , 1993, between Georgia Chamberlain as the Public Trustee o th County of Garfield, Colorado, and Federal Deposit Insurance Corporation, in its corporate capacity (formerly as Receiver for First National Bank in Rifle), Purchaser, whose legal address 1s 7C7 !7th Street, Suite 3000, Denver, Colorado 80202. WHERE" Ruby L. Hutchings, did, by Deed of Trust dated the ►'ugust 28, 1984, and recorded In the office c' the Clerk and Recorder of the County of Garfield,' Colorado, on the October 4, 1984, in Book 65F, Page 944, at Reception No. 156262, convey to the Public Trustee, in Trust, the property hereinafter described to secure the payment of the indebtedness provided in said Deed of Trust; and WHEREAS, a viblation was made in certain of the terms and covenants of said Geed of Trust as shown by the notice of ele:>ion and demand for sale filed with the Public Trustee, a copy thereof being recorded in the office of said County Clerk and Recorder, the said property was advertised for sale at ph:blic auction. at the place and in the manner provided by law and by said Deed of Trust, and a copy of.the notice of sale was in apt time mailed to the persons required by statute, and said property was in pursuance of said notice sold to Federal Deposit Insurance Corporation, in its corporate capacity (formerly as keceiver for First National Bank in Rifle) for the sum hereinafter set forth and a certificate of purchase thereof was made and recorded and said property not having been redeemed from said sale; NOW. THEREFORE, the Public Trustee pursuant to the power and authority vested by law and by said Deed of Trust as such Public Trustee and' in consideration of the sum of SIXTY THOUSAND SEVEN HUNDRED FIFTY AND 00/100 DOLLARS ($60,750.00), to the Public Trustee paid by said Purchaser, the receipt whereof is hereby acknowledged, conveys to said Purchaser, its successors and assigns, forever all the right, title and interest which the Public Trustee acquired pursuant to said Deed of Trust in and to the following described property situate in the County of Garfield, State of Colorado, to wit: •,.. See Exhibit A Also known as: 5807 County Road 320, Rifle, Colorado;) To Have and to Hold the same unto said Purchaser, 'its: sUccegeors_.8hd :signs, forever. Executed the day and year first above written. ,STATE OF COLORADO COUNTY OF GARFIELD ) ss. Georgi aw Chamberlain, Public Trustee County Of Garfield, State of Colorado The foregoing instrument was acknowledged before me this Zday of /¢p . e / 1993 by Georgia Chamberlain as the Public Trustee of the County of Garfield, State of Colorado. WITNESS my hand and official seal. My commission expires •4-3- 9g When worded, return tee *AO Ve %% I%t , 14300• 42.4-.44..i.44 G e tary Pubi ti. r w pnnvf 885 rfr. 243 •"?CNIRIT A' A part of the SW1/4Nw1/4 of Section 26, and a part .i;the SE1/4NE1/4 of Section 27, all in Township 6 South, Range 94 west, 6th Princlpa1 Meridian, more particularly described am follows: Beginning at the Nr corner of the RW1/4NW1/4 of Section 26, Township 6 South, Range 94 Test of the 6th P.M., thence South 88 degrees 22'27" West 1328.7 feet along the Subdivision lino the NW corner of said subdivision; thence following tho subdivision line North 89 degrees 43'SO" West 29.95 feet; thence South 0 degrees S5'114 East 278 00 feet to the center line of a 30 foot road easement; thence following said easement South 87 degrees 58'22" East 1281.82 feet; thence along a curve to the right 58.24 feet, whoa.s radius is 68.92 feet and whose long chord is South 63 degrees 45'38" East 56.33 feet to the center line of a existing County Road; thence following said roai North 50 degrees 27' East 34.93 fest to the subdivision line; thence following the sub/.ivision 1:ne North 0 degrees 47'24" West 363.65 feet to the point of beginning. COUNTY Of GARFIELD STATE OF COLORADO • • • fECONOED AT .. FEC a 434921. lettOCK1'.�. MAY 1 ) 1992 M1LPNED ALSD3NY , COUNTY CLE'[ w R F S 0 L U T i n N sk7e—si tonx •83i M. 416'7 WHEREAS. HARLEY A. and CAROL MOORE, have petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption under C.R.S. (1973) Section 30-28-101 (10) (a) - (d` as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted September 1, 1972 and amended April 14. 1975, Sections 1.02.17(d) and 3.02.01, for the division of a 39.85 acre tract of land into four (4) tracts of 10, 10, 10, and 9.85 acres, more or less, and said 39.85 acre tract is move particularly described as follows: All that parcel of land lyina easterly of the Colorado River located in the SE%NE% of Section 27, Township 6 South, Range 94 West of the 6th P.M., and in the SW% NWS, of Section 26, Township 6 South, Range 94 West of the 6th P.M., more particularly described as follows: Beginning a+ the NW Corner SEI E; of Section 27, Township 6 South, Range 94 West of the 6th P.M., thence S. 890 43' 50" E. 1328.6 feet to the East section line of said Section 27; thence N. 880 22' 27" E. 1328.7 feet to the NE corner SW;NW; of said Section 26; thence S. 00 47' 24" E. 363.65 feet along the subdivision line to the centerline of a county road; thence leaving the subdivision line S. 500 27' W. 34.93 feet along the centerline of the county road; thence following a 90 52' curve to the left 239.40 feet, whose long chord is S. 450 31' W. 239.12 feet; thence S. 400 35' W. 203.67 feet; thence leaving the centerline of the county road N. 890 44' 40" W. 991.77 feet to the West Section line of said Section 26; thence N. 890 44' 40" W. 1301.14 feet to the West subdivision line of the SEINE; of said Section 27; thence N. 10 04' 59" W. 666.4 feet to the point of beginning. WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that they desire said exemption for the purpose of re -sale into single-family residential acreage; and, WHEREAS, the Petitioners have dc'n nstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that there is a reasonable urobabilit; of locatina domestic water on each of said tracts, that there is aeequate ingress and egress to said tracts, that the location of septic tanks will be permitted by the Colorado Department of Health, that the reque,,teddivision is in accordance with the gtrcral purposes and intent vox 881 pot 968 of the Subdivision Regulations of the State of Colorado and the County of Garfield and should, therefore, bP exempted from the definition of the terms "subdivision" and "subdivided land" as set forth in C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended; NOW THEREFORE, upon motion of - . ...o1le. seconded by - , J . Cee; LG. and carried. said 30.85 acre tract of land is hereby exempted from such definition and transfer of said tract may be made by division into four'(4) tracts of 10, 10, 10, and 9.(5 acres, more or less, all as is more fully described above and further, that said exemption is conditioned upon the Petitioners obtaining a proper legal description of said tracts prior to any conveyance thereof. A copy of the instrument(s) of conveyance when recorded shall be filed with this Resolution. Dated this 'k day of A.D.ji_( 1978. THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By:r- arry Attest: puty e of the Boa of Couny Commissioners Garfield County, Colorado 2 f. d ,i zz .'d I __P ,..,M AUG 1. 19 4 assepeen MIt011E0 AL$DO ll�, AECOIIDEII f,1 K11FIEtr1 COW. re, CO14AAbO QJIT.CLAIM DEED THIS DEED, P,ade this 9 day of , 1984, between ARLENE REITHLEY MILTON of the County of Garfield, and State ot Colorado, of the first Evart, and RUBY L. HUTCHINGS, whose legal address is P.O. Box 1162, Town of Rule, County o Gi.rfield aid State of Color*dc, of the second part, WITNESSETH, that the said party of the first part, for and in consideration of the sum of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIUsRPTIGN, to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents cries remise, release, su1., convey and QUIT CLAIM unto the said party of the second part, her heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said party of the first part has 'n and to the following described lot or parcel of lsnd situate, lying and being in the County or Garfield, and State of Colorado, to -wit: A part of the SW1/4NW1/4 of Sectior, 16, and a part of the SEIIINE1/4 of Section 27, all in Township 6 South, Range 94 West, 6th Principal Meridian, more particularly described as follows: Beginning at the NE corner of the SW1/4NWN of Section 26, Township 6 South, Range 94 West ot the 6th P.M., thence South 98°22'27" West 1328.7 feet along the subdivision line to the NW corner ot said subdivision; thence following the subdivision line North 89°43'50" West 29.95 feet; thence South 0°55'11" East 278.00 feet to the center line of a 30 foot road easement; thence following said easement South 87°58'22" East 1281.82 feet; thence along a curve to the right 58.24 feet, whose radius is 68.92 feet and whose long chord is South 63°45'38" East 56.33 feet to the center line of an existing County road; thence following said road North 50°27' East 34.93 feet to the subdivision line; thence following the subdivision line North 0°47'24" West 363.65 feet to the Point of Beginning. Subject to a 15 foot road easement along the entire southerly boundary of the above described parcel for access purposes to the lands wer'. of the property herein conveyed. Together with any and all water and ditch rights appurtenant to or used in connection with subject property. TO HAVE AND TO HOLD the same together with all and singular the appurtenances and privileges thereunto belonging or ..n anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said party of the first part, either in law or equity, to the only proper use, benefit and behoof of the said party of the second part, her heirs and a,sfsiyns forever. IN WITNESS WHEREOF, the said party of the :first part has hereunto set her hand and seal the day and year first above written. nR:,Et'1U k LEY M"iLTO:1 STATE OF COLORADO ) ss. County of re , i!a.,-•.eo ) The foregoing instrument. was acknowledged before me this '"`'µ y /� I_�� f.,�. da of K,I�"—' , 1984, by ARLENE KEITHLEY MILTON. v My commission expires: ee ubl'.c ) t'.� 1, 3-- All/ M,&ONED ALSDOPP, 'MONDE* WOE 651 CAMEO) COUNTY, COLORADO' DU Dia 84 lat.se► srs WARRANTY DEED $ r!. THIS DEED, made this _ f "-'moday of ..1414; 1984, between ANGIE R. HUNT and DALLAS D. HUNT of the County of Mesa and State of Colorado, of the first part, and ARLENE • KEITHLEY MILTON whose legal address is P.O. Box 1162, Town of Rifle, of the County of Rio Blanco and State of Colorado. of the second parte WITNESSETH, That the said parties of the first part, for and in consideration of the sum of TEN DOLLARS AND OTHER GCOD AND VALUABLE CONSIDERATION, to the said parties in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant bargain, sell, convey and confirm, unto the said party of the second part, her heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to -wit: A part of the SW1/4NW1/4 of Section 26, and a part of the SEeNE1/4 of Section 27, all in Township 6 South, Range 94 West, 6th Principal Meridian, more particularly described as follows: Beginning at the NE corner of the SWIOW4 of Section 26, Township 6 South, Range 94 West of the 6th P.M., thence South 88'22'27" hest 1328.7 fees: along the subdivision line to the NW corner of said subdivision; thence following the subdivision line North 89°43'50" West 29.95 feet; thence South 0°55'11' East 278.00 feet to the center line of a 30 foot road easement; thence following said •3asement South 87°58'22" East 1281.82 feet; thence along a curve to the right 58.24 feet, whose radius is 68.92 feet and whose long chord is South 63°4.5'38" East 56.33 feet to the center line of an existing County road; thence following said road North 50°27' East 34.93 feet to the subdivision line; thence following the subdivision line North 0°47'24" West 363.65 feet to the Point of Beginning. Subject to a 15 foot road easement along the entire southerly boundary of the above described parcel for access purposes to the lands west of the property herein conveyed. lugetheZ watt. :.11 .d x.11 water ond ditch rights appurtenant to or used in connection with subject property. TOGETHER with all and singular the hereditament: and appurtenances thereto belonging, nt 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 said parties of the first part, either in law or equity, of, in and to the above bargained premises, with the nereditaments and appurtenances. C54 PME4 « d TO HAVE AND TO HOLD the said premises ab„ve bargained and described, with the appurtenances, unto the said party of the second part, her heirs and assigns forever. And the said party of the first part, for themselves, their heirs, executors, and /Administrators, do covenant, grant bargain, and agree to and with the said party of the second part, her heirs and assigns, that at the time of the ensealing and delivery of these presents, they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and have good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all f.c•-mer and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever, except taxes for 1984 due in 1985, easements, restrictions and rijhts-of-way of record i.2 any, and the above bargained premises in the quif>t and peaceable possession of the said party of the second part, her heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said parties of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hand and seal the day and year first above written. ANG..k T. HUN, .00A+- 4/ • `%1 DALLAS D. HUNT STATE OF COLORADO ) ss. County of & L.. -4E-4 ) The foregoing instrument wwaass acknowledged before me this •j” ;'day of , 1984, by ANGIE R HUNT. My commission expires: Witness my hand and officio C^i.OP.ADC e eal( ublic / Address ) ss. County of (,',1°4:.. � �,�..� ) The�fo�egoing instrument was acknowledged before me this cl day of f U , 1984, by DALLAS D. HUNT. My commission expires: ,,/ Witneqs my hand and official' eal. / ale a ZN �-- blic -L- gr /,47-9 C-6 l fj • •n No :312959 corder. Recorded at o'eloek M. t1 AR 18 j!3 31 MISDEED. Madethis 16th day.t March 1sr. I !""en HARLI.Y A. MOORE AND CAROL MOORE RF.('0RDER'S STAMP MAP 7 R 1'1/ t•7r'r "nr'nrtlte of the County of Garfield Colorado, of the first part, and ANGIF. R. HUNT AND DALLAS D. HUNT and State of whose legal address is 478 Shi.ldon Rd, Grand Junction, CO 81501 of the County of Mesa and State of Colorado. of the a.eond part: W!TN ESSETH. that the said part ies of the first part. for and in consideration of the sum of FIFTY SIX THOUSAND TWO HUNDRED FIFTY AND N0/ 100 DOLLARS, to the said part ies of the first pari in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha Ve granted. bargained, sold and conveyed. and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns f • not in tenancy in common but In joint tenancy, all the following described lot or parcrlq of land, situate. lying and being in the County of Garfield and State of Colorado, to wit: See Addendum "A" attached hereto and made a part hereof Together with any and all water and ditch rights appurtenant to or used in connection with subject property also known as street And number Vacant Ground TOGETHER with MII and Mingu1NY the hereditament% and Mppu r U'n anew t he rt•unt o belonging, or In anywise apprrtalning, th' reversion and reversions, roman"Irr 1111.1 ren".nnlers, rents, !%%urs and profits thereof; Mel all the estate, right, !Ile, Interest, claim and demand %hatsm.%er of the said part 1 es of the first part, either in law or equity, of, in and to the above bargained premises. witlithe hereditaments and appurtenances. TO HAVE AND TO 11(111) the said premises above 1 argained and .1cilhe.I, with the "ppurt,1 show, !Into the said partite of the second part, their heirs and M*,ign. forever And the said part) oa of the firs. part, for 1ihem- sx1VeS, their' etra, executors, and sdmulistvator%do covenant. grant, bargain and agree to and with Ih.. said parties of the second part, their heirs and assigns, that at the Ume or the rnselding and delivery of Ihear present%I1ey arew'eli Melted of the premises above conveyed, as of g I. sure. perfect, absolute rind indefeasible estate of inheritance, in Taw, in fee simple. and ha VC g 1 right. full power and lawful aur hority to grant, bargain, sell and convey the same 1n manner and form aforesaid. and that the seine are free and clear from all former and other grants, bargains, Males. hens. taxes. •ssesirllent and encumbrances of whatever kind or nature s/1PVer. Except general taxes and assessments for 1981 and those for subsequent years, and subject to easements, reservations and rights-of-way of record. and the above bargained premises in the, quirt and peaceable pusirisiun of the said parties of the second part, their heirs and assigns, against all and every person or persons lawfully claiming sir to claim the whole or airy part thereof, the said part 1 Cs of the lint part shall and will WARRANT AND FOREVER DEFEND. ' IN WITNESS WHEREOF the said parties of the first part ha ve hereunto ret the ihand 5 and iral S the day and year first above written. Signed, Sealed and Delivered in t he Presence of `, , (y // '12/'—r-: `—Hct:ALI Harley h'siOore (SEAL STAT F: OFt'1)1.11RAPit 1',.l telt V of Carol Moore e h tl.� Garfield The foregoing instrument wits .tcknow!edged h.•tur.• n"• this 1:F1•I'S 1lirley A, `•More and Carol Moore My co lorni..o,n .'t i,, rl•• 16th f•.l..f Harsh J�t�!...• c R'Rnw•.tn ria e•rn•', •fF,p(•eal ' ; Qt7 6 C.`• f . .J0 r p�r3E'i D Addendum "A" attached to and made a part of that certain Warranty Deed Between Harley A. Moore and Carol Moore, Grantors r.nd Angie R. Hunt and Dallas D. Hunt, Grantees A part of the SW',W'' of Section 26, and n part of the SF',NFi of Section 27. all in Township 6 South, 'Range 94 West, 6th Principal Meridian. more particularly described as follows: Beginning at the ME corner of the SW'aNW'I of Section 26, Township 6 South, Range 94 hast of the 6th P.M., thence South 88°22'27" West 132K.7 feet along the subdivision line to the NW corner of said subdivision; thence following the subdivision line N 89°43'50" West 29.95 feet; thence Sooth 0°55'l1" East 278.00 feet to the center- line of a 30 foot road casement; thence following said easement South. 87°5b'22" East 1281.82 feet; thence along a curve to the right 58.24 feet, whose radius is 68.92 feet and whose long chord is South 63°45'38" East 56.33 feet to the centerline of an existing County Road; thence following said road North 50°27' East 34.93 feet to the subdivision line; thence following the subdivision line North 0047'24" West 363.65 Leet to the Paine of Beginning. There is hereby reserved unto the grantors their heir successors and nssigns n 15 foot rond ensemcnt aloT,g the entire southerly boundary' of the above described pnrcel for access purposes to the lnnds west of the property herein conveyed. • LI,S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE RANGELAND PRODUCTIVITY AND CHARACTERISTIC PLANT COMMUNITIES NON TECHNICAL DESCRIPTIONS PAGE 1 OF 2 07/8/97 (Only the soils that support rangeland vegetation suitable for grazing are listed. Ppt means precipitation) ; Total production Map symbol Range site Characteristic vegetation ;Compo - and soil name ;Kind of year ; Dry ;sition ;weight Lb/acre; Pct 46: Nihill ;ROLLING LOAM ;Favorable 1,000 ;Western wheatgrass 20 ;Normal 800 ;Bluebunch wheatgrass 15 ;Unfavorable 500 ;Basin big sagebrush 15 ;Needleandthread 10 ;Indian ricegrass 10 ;Small douglas rabbitbrush 5 Olney :ROLLING LOAM ;Favorable 1,000 ;Western wheatgrass 20 ;Normal 800 ;Bluebunch wheatgrass 15 ;Unfavorable 500 ;Basin big sagebrush 15 ;Needleandthread 10 ;Indian ricegrass 10 ;Rabbitbrush 5 E0: , Olney ;ROLLING LOAM Favorable 1,000 ;Western wheatgrass 20 ;Normal 800 ;Bluebunch wheatgrass 15 ;Unfavorable 500 ;Basin big sagebrush 15 ;Needleandthread 10 ,Indian ricegrass 10 ;Rabbitbrush 5 1 • • U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE Endnote -- RANGELAND PRODUCTIVITY AND CHRACTERISTIC PLANT COMMUNITIES PAGE 2 OF 2 07/8/97 In areas that have similar climate and topography, differences in the kind and amount of vegetation produced on rangeland are closely related to the kind of soil. Effective management is based on the relationship between the soils and vegetation and water. This report shows, for each soil, the range site; the total annual production of vegetation in favorable, normal, and unfavorable years; the characteristic vegetation; and the average percentage of each species. Only those soils that are used as rangeland or are suited to use as rangeland are listed. An explanation of the column headings in this report follows. RANGE SITE is a distinctive kind of rangeland that produces a characteristic natural plant community that differs from natural plant communities on other range sites in kind, amount and proportion of range plants. The relationship betweeen soils and vegetation was ascertained during this survey; thus, range sites generally can be determined directly from the soil map. Soil properties that affect moisture supply and plant nutrients have the greatest influence on the productivity of range plants. Soil reaction, salt content, and a seasonal high water table are also important. TOTAL PRODUCTION is the amount of vegetation that can be expected to grow annually on well managed rangeland that is supporting the potential natural plant community. It includes all vegetation, whether or not it is palatable to grazing animals. It includes the current year's growth of leaves, twigs, and fruits of woody plants. It does not include the increase in stem diameter of trees and shrubs. It is expressed in pounds per acre of air-dry vegetation for favorable, normal, and unfavorable years. In a favorable year, the amount and distribution of precipitation and the temperatures make growing conditions substantially better than average. In a normal year, growing conditions are about average. In an unfavorable year, growing conditions are well below average, generally because of low available soil moisture. Dry weight is the total annual yield per acre of air-dry vegetation. Yields are adjusted to a common percent of air-dry moisture content. The relationship of green weight to air-dry weight varies according to such factors as exposure, amount of shade, recent rains, and unseasonable dry periods. CHARACTERISTIC VEGETATION The grasses, forbs, and shrubs that make up most of the potential natural plant community on each soil is listed by common name. Under COMPOSITION the expected percentage of the total annual production is given for each species making up the characteristic vegetation. The amount that can be used as forage depends on the kinds of grazing animals and on the grazing season. Range management requires a knowledge of the kinds of soil and of the potential natural plant community. It also requires an evaluation of the present range condition. Range condition is determined by comparing the present plant community with the potential natural plant community on a particular range site. The more closely the existing community resembles the potential community, the better the range condition. Range :ondition is an ecological rating only. The objective in range management is to control grazing so that the ;Tants growing on a site are about the same in kind and amount as the potential natural plant community for :hat site. Such management generally results in the optimum production of vegetation, control of undesirable ,rush species, conservation of water, and control of erosion. Sometimes, however, a range condition somewhat oelow the potential meets grazing needs, provides wildlife habitat, and protects soil and water resources. S. DEPARTMENT OF AGRICULTURE 'JATURAL RESOURCES CONSERVATION SERVICE • • WILDLIFE HABITAT NON TECHNICAL DESCRIPTIONS PAGE 1 OF 3 07/8/97 Potential for habitat elements Potential as habitat for -- Map symbol Grain : ; Wild ; , Open- Wood- ; ; Range - =7d soil name and ;Grasses; herba Hard- Conif-;Shrubs;Wetland;Shallow land land ;Wetland; land seed ; and ; ceous; wood erous; ;plants ; water ; wild- ; wild- ; wild- wild - crops ;legumes; plants; trees plants; ; areas ; life life ; life life I 1 ; 1 i ; '.6: 1 I 11 I 1 1Nihill ;FAIR ;GOOD ;FAIR ;FAIR ;VERY ;VERY FAIR ;VERY FAIR ; POOR ; POOR ; ; POOR 1 1 :;y: 11 11 1 Olney ;POOR ;FAIR ;FAIR ; FAIR ;POOR ;VERY ;FAIR ;VERY ;FAIR ; POOR ; ; ; POOR J: 1 1 1 Olney ;POOR ;FAIR ;FAIR ; --- ;FAIR ;POOR ;VERY ;FAIR --- ;VERY ;FAIR ; ; POOR ; ; ; POOR Torr-:fluvents;VERY ;VERY ;FAIR ; --- ;POOR ;POOR ;FAIR ;POOR --- ;POOR ;POOR ; POOR ; POOR ; ; � � � 1 � : • .'.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE WILDLIFE HABITAT Endnote -- WILDLIFE HABITAT • PAGE 2 OF 3 07/8/97 oils affect the kind and amount of vegetation that is available to wildlife as food and cover. They also affect the construction of water impoundments. The kind and abundance of wildlife depend largely on the amount and iistribution of food, cover, and water. Wildlife habitat can be created or improved by planting appropriate vegetation, by maintaining the existing plant cover, or by promoting the natural establishment of desirable plants. Tn this report the soils are rated according to their potential for providing habitat for various kinds of ildlife. This information can be used in planning parks, wildlife refuges, nature study areas, and other developments `or wildlife; in selecting soils that are suitable for establishing, improving, or maintaining specific elements of 4ildlife habitat; and in determining the intensity of management needed for each element of the habitat. The _-otential of the soil is rated "Good," "Fair," "Poor," or "Very poor." A rating of "Good" indicates that the element r kind of habitat is easily established, improved, or maintained. Few or no limitations affect management, and satisfactory results can be expected. A rating of "Fair" indicates that the element or kind of habitat can be established, improved, or maintained in most places. Moderately intensive management is required for satisfactory esults. A rating of "Poor" indicates that limitations are severe for the designated element or kind of habitat. Habitat can be created, improved, or maintained in most places, but management is difficult and must be intensive. rating of "Very poor" indicates that restrictions for the element or kind of habitat are very severe and that _nsatisfactory results can be expected. Creating, improving, or maintaining habitat is impractical or impossible. The elements of wildlife habitat are described in the following paragraphs. GRAIN AND SEED CROPS are domestic grains and seed -producing herbaceous plants. Soil properties and features that affect the growth of grain and seed crops are depth of the root zone, texture of the surface layer, available water capacity, wetness, slope, surface stoniness, and flood hazard. Soil temperature and soil moisture are also considerations. Examples of grain and seed crops are corn, wheat, oats, and barley. :RASSES AND LEGUMES are domestic perennial grasses and herbaceous legumes. Soil properties and features that affect the growth of grasses and legumes are depth of the root zone, texture of the surface layer, available water rapacity, wetness, surface stoniness, flood hazard, and slope. Soil temperature and soil moisture are also .onsiderations. Examples of grasses and legumes are fescue, lovegrass, bromegrass, clover, and alfalfa. ;'TLD HERBACEOUS PLANTS are native or naturally established grasses and forbs, including weeds. Soil properties and -eatures that affect the growth of these plants are depth of the root zone, texture of the surface layer, available water rapacity, wetness, surface stoniness, and flood hazard. Soil temperature and soil moisture are also considerations. Examples of wild herbaceous plants are bluestem, goldenrod, beggarweed, wheatgrass, and grama. HARDWOOD TREES and woody understory produce nuts or other fruit, buds, catkins, twigs, bark, and foliage. Soil roperties and features that affect the growth of hardwood trees and shrubs are depth of the root zone, available water ,'apacity, and wetness. Examples of these plants are oak, poplar, cherry, sweetgum, apple, hawthorn, dogwood, hickory, _Alackberry, and blueberry. Examples of fruit -producing shrubs that are suitable for planting on soils rated are Russian -olive, autumn -olive, and crabapple. CONIFEROUS PLANTS furnish browse and seeds. Soil properties and features that affect the growth of coniferous trees, shrubs, and ground cover are depth of the root zone, available water capacity, and wetness. Examples of coniferous plants are pine, spruce, fir, cedar, and juniper. SHRUBS are bushy woody plants that produce fruit, buds, twigs, bark, and foliage. Soil properties and features that affect the growth of shrubs are depth of the root zone, available water capacity, salinity, and soil moisture. Examples of shrubs are mountainmahogany, bitterbrush, snowberry, and big sagebrush. • • U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE WILDLIFE HABITAT Endnote -- WILDLIFE HABITAT --Continued PAGE 3 OF 3 07/8/97 WETLAND PLANTS are annual and perennial wild herbaceous plants that grow on moist or wet sites. Submerged or floating aquatic plants are excluded. Soil properties and features affecting wetland plants are texture of the surface layer, wetness, reaction, salinity, slope, and surface stoniness. Examples of wetland plants are smartweed, wild millet, wildrice, saltgrass, cordgrass, rushes, sedges, and reeds. SHALLOW WATER AREAS have an average depth of less than 5 feet. Some are naturally wet areas. Others are created by dams, levees, or other water -control structures. Soil properties and features affecting shallow water areas are depth to bedrock, wetness, surface stoniness, slope, and permeability. Examples of shallow water areas are marshes, waterfowl feeding areas, and ponds. The habitat for various kinds of wildlife is described in the following paragraphs. HABITAT FOR OPENLAND WILDLIFE consists of cropland, pasture, meadows, and areas that are overgrown with grasses, herbs, shrubs, and vines. These areas produce grain and seed crops, grasses and legumes, and wild herbaceous plants. Wildlife attracted to these areas include bobwhite quail, pheasant, meadowlark, field sparrow, cottontail, and red fox. HABITAT FOR WOODLAND WILDLIFE consists of areas of deciduous plants or coniferous plants or both and associated grasses, legumes, and wild herbaceous plants. Wildlife attracted to these areas include wild turkey, ruffed grouse, woodcock, thrushes, woodpeckers, squirrels, gray fox, raccoon, deer, and bear. HABITAT FOR WETLAND WILDLIFE consists of open, marshy or swampy shallow water areas. Some of the wildlife attracted to such areas are ducks, geese, herons, shore birds, muskrat, mink, and beaver. HABITAT FOR RANGELAND WILDLIFE consists of areas of shrubs and wild herbaceous plants. Wildlife attracted to rangeland include antelope, deer, sage grouse, meadowlark, and lark bunting. U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE • • WATER FEATURES NON TECHNICAL DESCRIPTIONS PAGE 1 OF 3 07/8/97 Flooding High water table and ponding Map symbol ;Hydro ; Water ; ; Maximum and soil name ; logic; Frequency ; Duration Months table ; Kind of ; Months ; Ponding ; ponding group ; depth ;water table; ; duration depth Ft ; Ft Nihill ; B ;None - )6.0 Jiney ; B ;None --- , )6.0 Jlney ; B ;None ; )6.0 Torrifluvents; D ;Occasional ;Brief ; APR -JUN : 1.0-3.0 ;Apparent ; Apr -Sep U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE WATER FEATURES Endnote -- WATER FEATURES • PAGE 2 OF 3 07/8/97 This report gives estimates of various soil water features. The estimates are used in land use planning that involves engineering considerations. Hydrologic soil groups are used to estimate runoff from precipitation. Soils not protected by vegetation are assigned to one of four groups. They are grouped according to the infiltration of water when the soils are thoroughly wet and receive precipitation from long -duration storms. The four hydrologic soil groups are: Group " A". Soils having a high infiltration rate (low runoff potential) when thoroughly wet. These consist mainly of deep, well drained to excessively drained sands or gravelly sands. These soils have a high rate of water transmission. Group "B". Soils having a ,moderate infiltration rate when thoroughly wet. These consist chiefly of moderately deep or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. Group "C". Soils having a slow infiltration rate when thoroughly wet. These consist chiefly of soils having a layer that impedes the downward movement of water or soils of moderately fine texture or fine texture. These soils have a slow rate of water transmission. Group D. Soils having a very slow infiltration rate (high runoff potential) when thoroughly wet. These consist chiefly of clays that have a high shrink -swell potential, soils that have a permanent high water table, soils that have a claypan or clay layer at or near the surface, and soils that are shallow over nearly impervious material. These soils have a very slow rate of water transmission. if a soil is assigned to two hydrologic groups in this report, the first letter is for drained areas and the second :s for undrained areas. Flooding, the temporary inundation of an area, is caused by overflowing streams, by runoff from sdjacent slopes, or by tides. Water standing for short periods after rainfall or snowmelt is not considered °looding, nor is water in swamps and marshes. This report gives the frequency and duration of flooding and :he time of year when flooding is most likely. Frequency, duration, and probable dates of occurrence are estimated. requency is expressed as "None", "Rare", "occasional and "Frequent". "None" means that flooding is not probable; "Rare" that it is unlikely but possible under unusual weather conditions; "Occasional" that it occurs, on the average, once or less in 2 years; and "Frequent" that it occurs, on the average, more than once in 2 years. Duration is expressed as "Very brief" if less than 2 days, "Brief" if 2 to 7 days, "Long" if 7 to 30 days, and "Very :.ong" if more than 30 days. The information is based on evidence in the soil profile, namely thin strata of gravel, :and, silt, or clay deposited by floodwater; irregular decrease in organic matter content with increasing depth; and absence of distinctive horizons that form in soils that are not subject to flooding. Also considered are local Information about the extent and levels of flooding and the relation of each soil on the landscape to historic floods. • • .S. DEPARTMENT OF AGRICULTURE dATURAL RESOURCES CONSERVATION SERVICE WATER FEATURES ndnote -- WATER FEATURES --Continued PAGE 3 OF 3 07/8/97 r)rmation on the extent of flooding based on soil data is less specific than that provided by detailed engineering surveys that delineate flood -prone areas at specific flood frequency levels. -igh water table (seasonal) is the highest level of a saturated zone in the soil in most years. The depth to a seasonal high water table applies to undrained soils. The estimates are based mainly on the evidence of a saturated :.one, namely grayish colors or mottles in the soil. Indicated in this report are the depth to the seasonal high :iter table; the kind of water table, that is, °Apparent", °Artesian", or "Perched"; and the months of the year that he water table commonly is high. A water table that is seasonally high for less than 1 month is not indicated in _his report. "Apparent° water table is a thick zone of free water in the soil. It is indicated by the level at which water stands in an uncased borehole after adequate time is allowed for adjustment in the surrounding soil. An "Artesian" water table exists under a hydrostatic beneath an impermeable layer. When the impermeable layer has been penetrated by a cased borehole, the water rises. The final level of the water in the cased borehole is characterized as an artesian water table. A "Perched" water table is water standing above an unsaturated zone. In places an upper, or "Perched°, water table is separated from a lower one by a dry zone. Only saturated zones within a depth of about 6 feet are indicated. Ponding is standing water in a closed depression. The water is removed only by deep percolation, transpiration, evaporation, or a combination of these processes. This report gives the depth and duration of ponding and the time of year when ponding is most likely. Depth, duration, and probable dates of occurrence are estimated. Depth is expressed as the depth of ponded water in feet above the soil surface. Duration is expressed as "Very brief" if less than 2 days, "Brief" if 2 to 7 days, "Long" if 7 to 30 days, and "Very long" if more than 30 days. The information is based on the relation of each soil on the landscape to historic ponding and on local information about the extent and levels of pending. U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE SOIL FEATURES NON TECHNICAL DESCRIPTIONS • PAGE 1 OF 2 07/8/97 Bedrock Cemented pan Subsidence Risk of corrosion Potential Map symbol ; ;frost action Uncoated and soil name Depth ;Hardness; Depth ; Kind ;Initial; Total ; steel ; Concrete In In ; In In <6: Nihill ; )60 ; --- : ;Moderate ;High :High 9: 1 1 I Olney )60 -- :Low ;Moderate ;Low Olney )60 --- ;Low ;Moderate ;Low _5: Torrifluvents>60 ;Low ;High ;Moderate • • U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE SOIL FEATURES Endnote -- SOIL FEATURES PAGE 2 OF 2 07/8/97 This report gives estimates of various soil features. The estimates are used in land use planning that involves engineering considerations. )epth to bedrock is given if bedrock is within a depth of 5 feet. The depth is based on many soil borings and on observations during soil mapping. The rock is either "Soft" or "Hard". If the rock is "Soft" or fractured, excavations can be made with trenching machines, backhoes, or small rippers. If the rock is "Hard" or massive, blasting or special equipment generally is needed for excavation. :emented pans are cemented or indurated subsurface layers within a depth of 5 feet. Such pans cause difficulty in excavation. Pans are classified as "Thin" or "Thick". A "Thin" pan is less than 3 inches thick if continuously indurated or less than 18 inches thick if discontinuous or fractured. Excavations can be made by trenching machines, oackhoes, or small rippers. A "Thick" pan is more than 3 inches thick if continuously indurated or more than 18 inches thick if discontinuous or fractured. Such a pan is so thick or massive that blasting or special equipment is needed in excavation. Subsidence is the settlement of organic soils or of saturated mineral soils of very low density. Subsidence results from either desiccation and shrinkage or oxidation of organic material, or both, following drainage, Subsidence takes place gradually, usually over a period of several years. This report shows the expected initial subsidence, which usually is a result of drainage, and total subsidence, which usually is a result of oxidation. Not Shown in the report is subsidence caused by an imposed surface load or by the withdrawal of ground water throughout extensive area as a result of lowering the water table. Potential frost action is the likelihood of upward or lateral expansion of the soil caused by the formation of segregated ice lenses (frost heave) and the subsequent collapse of the soil and loss of strength on thawing. Frost action occurs when moisture moves into the freezing zone of the soil. Temperature, texture, density, permeability, content of organic matter, and depth to the water table are the most important factors considered in evaluating the potential for frost action. It is assumed that the soil is not insulated by vegetation or snow and is not artificially drained. Silty and highly structured clayey soils that have a high water table in winter are the most susceptible to rost action. Well drained, very gravelly, or very sandy soils are the least susceptible. Frost heave and low soil strength during thawing cause damage mainly to pavements and other rigid structures. disk of corrosion pertains to potential soil -induced electrochemical or chemical action that dissolves or weakens uncoated steel or concrete. The rate of corrosion of uncoated steel is related to such factors as soil moisture, particle -size distribution, acidity, and electrical conductivity of the soil. The rate of corrosion of concrete is based mainly on the sulfate and sodium content, texture, moisture content, and acidity of the soil. Special site examination and design may be needed if the combination of factors creates a severe corrosion environment. The steel installations that intersect soil boundaries or soil layers is more susceptible to corrosion than steel in installations that are entirely within one kind of soil or within one soil layer. For uncoated steel, the risk of corrosion, expressed as "Low", "Moderate", or "High", is based on soil drainage class, total acidity, electrical -esistivity near field capacity, and electrical conductivity of the saturation extract. For concrete, the risk of corrosion is also expressed as "Low", "Moderate", or "High". It is based on soil texture, acidity, and amount of sulfates in the saturation extract. U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE • • SANITARY FACILITIES NON TECHNICAL DESCRIPTIONS PAGE 1 OF 3 07/8/97 (The information in this report indicates the dominant soil condition but does not eliminate the need for onsite investigation) , Map symbol ; Septic tank Sewage lagoon Trench Area Daily cover and soil name ; absorption areas sanitary sanitary for landfill fields landfill landfill 6: Nihill ;Moderate: Severe: Severe: Slight ;Poor: ; peres slowly, seepage large stones ; seepage, large stones small stones They Moderate: ;Severe: ;Slight ;Slight ;Good Peres slowly ; seepage ; 0: T1~iev. ;Moderate: ;Severe: ;Slight ;Slight Good ; Peres slowly ;: seepage 1 , I , Torrifluvents;Severe: Severe: Severe: ;Severe: :Poor: flooding, ; seepage, ; flooding, ; flooding, ; wetness, wetness, ; flooding, ; wetness ; wetness ; thin layer poor filter ; wetness ; ; ; 9: • • J.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE SANITARY FACILITIES Endnote -- SANITARY FACILITIES PAGE 2 OF 3 07/8/97 This report shows the degree and kind of soil limitations that affect septic tank absorption fields, sewage lagoons, and sanitary landfills. The limitations are considered "Slight" if soil properties and site features generally are favorable for the indicated use and limitations are minor and easily overcome; "Moderate" if soil properties or site features are not favorable for the indicated use and special planning, design, or maintenance is needed to overcome or minimize the limitations; and "Severe" if soil properties or site features are so unfavorable or so difficult to overcome that special design, significant increases in construction costs, and possibly increased maintenance are required. This report also shows the suitability of the soils for use as daily cover for landfills. A rating of "Good" indicates that soil properties and site features are favorable for the use and good performance and low maintenance can be expected; "Fair" indicates that soil properties and site features are moderately favorable for the use and one or more soil properties or site features make the soil less desirable than the soils rated "Good"; and "Poor" indicates that one or more soil properties or site features are unfavorable for the use and overcoming the unfavorable properties requires special design, extra maintenance, or costly alteration. SEPTIC TANK ABSORPTION FIELDS are areas in which effluent from a septic tank is distributed into the soil through subsurface tiles or perforated pipe. Only that part of the soil between depths of 24 to 72 inches is evaluated. The ratings are base on soil properties, site features, and observed performance of the soils. Permeability, a high water table, depth to bedrock or to a cemented pan, and flooding affect absorption of the effluent. Large stones and bedrock or a cemented par interfere with installation. Unsatisfactory performance of septic tank absorption fields, including excessively slow absorption of effluent, surfacing of effluent, and hillside seepage, can affect public health. Groundwater can be polluted if highly permeable sand and gravel or fractured bedrock is less than 4 feet below the base of the absorption field, if slope is excessive, or if the water table is near the surface. There must be unsaturated soil material beneath the absorption field to filter the effluent effectively. Many local ordinances require that this material be of a certain thickness. SEWAGE LAGOONS are shallow ponds constructed to hold sewage while aerobic bacteria decompose the solid and liquid wastes. Lagoons should have a nearly level floor surrounded by cut slopes or embankments of compacted soil. Lagoons generally are designed to hold the sewage within a depth of 2 to 5 feet. Nearly impervious soil material for the lagoon floor and sides is required to minimize seepage and contamination of ground water. This report gives ratings for the natural soil that makes up the lagoon floor. The surface layer and, generally, 1 or 2 feet of soil material below the surface layer are excavated to provide material for the embankments. The ratings are based on soil properties, site features, and observed performance of the soils. Considered in the ratings are slope, permeability, a high water table, depth to bedrock or to a cemented pan, flooding, large stones, and content of organic matter. Excessive seepage due to rapid permeability of the soil or a water table that is high enough to raise the level of sewage in the lagoon causes a lagoon to function unsatisfactorily. Pollution results if seepage is excessive or if floodwater overtops the lagoon. A high content of organic matter is detrimental to proper functioning of the lagoon because it inhibits aerobic activity. Slope, bedrock, and cemented pans can cause construction problems, and large stones can hinder compaction of the lagoon floor. SANITARY LANDFILLS are areas where solid waste is disposed of by burying it in soil. There are two types of landfill, trench and area. In a trench landfill, the waste is placed in a trench. It is spread, compacted, and covered daily with a thin layer of soil excavated at the site. In an area landfill, the waste is placed in successive layers on the surface of the soil. The waste is spread, compacted, and covered daily with a thin layer of soil form a source away from the site. Both types of landfill -must be able to bear heavy vehicular traffic. Both types involve a risk of groundwater pollution. Ease of excavation and revegetation need to be considered, The ratings in this report are based • • U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE SANITARY FACILITIES Endnote -- SANITARY FACILITIES --Continued PAGE 3 OF 3 07/8/97 on soil properties, site features, and observed performance of the soils. Permeability, depth to bedrock or to a cemented pan, a high water table, slope, and flooding affect both types of landfill. Texture, stones and boulders, highly organic layers, soil reaction, and content of salts and sodium affect trench type landfills. Unless otherwise stated, the ratings apply only to that part of the soil within a depth of about 6 feet. For deeper trenches, a limitation rate "Slight" or "Moderate" may not be valid. Onsite investigation is needed. DAILY COVER FOR LANDFILL is the soil material that is used to cover compacted solid waste in an area type sanitary landfill. The soil material is obtained offsite, transported to the landfill, and spread over the waste. Soil texture, wetness, coarse fragments, and slope affect the ease of removing and spreading the material during wet and dry periods. Loamy or silty soils that are free of large stones or excess gravel are the best cover for a landfill. Clayey soils may be sticky or cloddy and are difficult to spread; sandy soils are subject to soil blowing. After soil material has been removed, the soil material remaining in the borrow area must be thick enough over bedrock, a cemented pan, or the water table to permit revegetation. The soil material used as final cover for a landfill should be suitable for plants. The surface layer generally has the best workability, more organic matter than `he rest of the profile, and the best potential for plants. Material from the surface layer should be stockpiled for use as the final cover. U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE • BUILDING SITE DEVELOPMENT NON TECHNICAL DESCRIPTIONS • PAGE 1 OF 2 07/8/97 The information in this report indicates the dominant soil condition but does not eliminate the need for onsite investigation) Map symbol ; Shallow ; Dwellings and soil name ; excavations ; without basements Dwellings Small ; Local roads Lawns and with commercial ; and streets landscaping basements buildings ; Nihill ;Moderate: ;Moderate: ;Moderate: ;Moderate: ;Moderate: Moderate: large stones ; large stones ; large stones ; large stones ; frost action, small stones, ; large stones large stones, droughty , I 1 1 1 1 49: Olney ;Slight ;Slight ;Slight - ;Slight ;Slight ;Slight , 1 1 I 1 1 I i GO: 1 Olney ;Slight ;Slight ;Slight ;Moderate: ;Slight Slight 1 , slope I1 , ' 1 1 I , 1 1 I ?5: 1 1 1 1 Torrifluvents;Severe: ;Severe: ;Severe: ;Severe: Severe: ;Moderate: cutbanks cave,; flooding, ; flooding, ; flooding, ; flooding ; excess salt, wetness ; wetness ; wetness ; wetness ; wetness, 1 1 ' flooding • • A. DEPARTMENT OF AGRICULTURE 4TURAL RESOURCES CONSERVATION SERVICE BUILDING SITE DEVELOPMENT Endnote -- BUILDING SITE DEVELOPMENT PAGE 2 OF 2 07/8/97 This report shows the degree and kind of soil limitations that affect shallow excavations, dwellings with and without oasements, small commercial buildings, local roads and streets, and lawns and landscaping. The limitations are "Slight", "Moderate", or "Severe". The limitations are considered "Slight" if soil properties and site features are generally favorable for the indicated use and limitaions are minor and easily overcome; "Moderate" if soil properties or site features are not favorable for the indicated use and special planning, design, or maintenance is needed to overcome or minimize the limitations; and "Severe" if soil properties or site features are so unfavorable or so difficult to overcome that special design, significant increases in construction costs, and possibly increased maintenance are required. Special feasibility studies may be required where the soil limitations are severe. HALLOW EXCAVATIONS are trenches or holes dug to a maximum depth of 5 or 6 feet for basements, graves, utiiity lines, open ditches, and other purposes. The ratings are based on soil properties, site features, and observed performance of the soils. The ease of digging, filling, and compacting is affected by the depth to bedrock, a cemented pan, or a very firm dense layer; stone content; soil texture; and slope. The time of the year that excavations can be made is affected by the depth to a seasonal high water table and the susceptibility of the soil to flooding. The resistance of :he excavation walls or bands to sloughing or caving is affected by soil texture and the depth to the water table. gWELLINGS AND SMALL COMMERCIAL BUILDINGS are structures built on shallow foundations on undisturbed soil. The load limit is the same as that for single-family dwellings no higher than three stories. Ratings are made for small :.ommercial buildings without basements, for dwellings with basements, and for dwellings without basements. The ratings are based on soil properties, site features, and observed performance of the soils. A high water table, depth to bedrock r to a cemented pan, large stones, slope, and flooding affect the ease of excavation and construction. Landscaping and grading that require cuts and fills of more than 5 or 6 feet are not considered. _OCAL ROADS AND STREETS have an all-weather surface and carry automobile and light truck traffic all year. They gave a subgrade of cut or fill soil material, a base of gravel, crushed rock, or stabilized soil material, and a flexible or rigid surface. Cuts and fills are generally properties, site features, and observed performance of the soils. Depth to bedrock or to a cemented pan, a high water table, flooding, large stones, and slope affect the ease of excavating and grading. Soil strength (as inferred from the engineering classification of the soil), shrink -swell potential, frost action potential, and depth to a high water table affect the traffic -supporting capacity. _AWNS AND LANDSCAPING require soils on which turf and ornamental trees and shrubs can be established and maintained. The ratings are based on soil properties, site features, and observed performance of the soils. Soil reaction, a high water table, depth to bedrock or to a cemented pan, the available water capacity in the upper 40 inches, and the content of salts, sodium, and sulfidic materials affect plant growth. Flooding, wetness, slope, stoniness, and the amount of sand, clay, or organic matter in the surface layer affect trafficability after vegetation is established. ':.S. DEPARTMENT OF AGRICULTURE 4JATURAL RESOURCES CONSERVATION SERVICE • • CONSTRUCTION MATERIALS NON TECHNICAL DESCRIPTIONS PAGE 1 OF 3 07/8/97 The information in this report indicates the dominant soil condition but does not eliminate the need for onsite investigation) Map symbol Roadfill and soil name Sand Gravel Topsoil I II I Nihill ;Fair: Improbable: ;Probable ;Poor: large stones ; small stones ; small stones, area reclaim I 4: Olney ;Good Improbable: Improbable: ;Poor: excess fines ; excess fines ; area reclaim I I I I I 50: Olney ;Good Improbable: :Improbable: ;Poor: excess fines ; excess fines ; area reclaim II I I I I I 65: I Torrifluvents;Fair: ;Probable ;Improbable: ;Fair: wetness ; too sandy ; area reclaim, excess salt, thin layer • U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE CONSTRUCTION MATERIALS .Indnote -- CONSTRUCTION MATERIALS • PAGE 2 OF 3 07/8/97 This report gives information about the soils as e source of roadfill, sand, gravel, and topsoil. The soils are rated Good", "Fair", or "Poor" as a source of roadfill and topsoil. They are rated as a "Probable" or "Improbable" ource of sand and gravel. The ratings are based on soil properties and site features that affect the removal of the soil and its use as construction material. Normal compaction, minor processing, and other standard construction ,ractices are assumed. Each soil is evaluated to a depth of 5 or 6 feet. Roadfill is soil material that is excavated in one place and used in road embankments in another place. In this report, the soils are rated as a source of roadfill for low embankments, generally less than 6 feet high and less exacting in design than higher embankments. The ratings are for the soil material below the surface layer to a Depth of 5 or 6 feet. It is assumed that soil layers will be mixed during excavating and spreading. Many soils have layers of contrasting suitability within their profile. The report entitled Engineering Index Properties is also available and it provides detailed information about each soil layer. This information can help determine the suitability of each layer for use as roadfill. The performance of soil after it is stabilized with lime or cement is not considered in the ratings. The ratings are based on soil properties, site features, and observed performance of the soils. The thickness of suitable material is a major consideration. The ease of excavation is affected by large stones, a high water table, and slope. How well the soil performs in place after it has been compacted and drained is determined by its strength (as inferred from the engineering classification of the soil) and shrink -swell potential. Soils rated "Good" contain significant amounts of sand or gravel or both. They have at least 5 feet of suitable Material, a low shrink -swell potential, few cobbles and stones, and slopes of 15 percent or less. Depth to the Nater table is more than 3 feet :oils rated "Fair" have more than 35 percent silt- and clay -sized particles and have a plasticity of less than 10. They have a moderate shrink -swell potential, slopes of 15 to 25 percent, or many stones. Depth to the water table is 1 to 3 feet. Soils rated "Poor" have a plasticity index of more than 10, a high shrink -swell potential, many stones, or slopes of more than 25 percent. They are wet, and the depth to the water table is less than 1 foot. These soils may have layers of suitable material, but the material is less than 3 feet thick. Sand and gravel are natural aggregates suitable for commercial use with a minimum of processing. Sand and gravel are used in many kinds of construction. Specifications for each use vary widely. In this report only the probability of finding material in suitable quantity is evaluated. The suitability of the material for specific purposes is not evaluated, nor are factors that affect excavation of the material. The properties used to evaluate the soil as a source of sand or gravel are gradation of grain sizes (as indicated by the engineering classification of the soil), the thickness of suitable material, and the content of rock fragments. Kinds of rock, acidity, and stratification are given in the soil series descriptions. Gradation of grain sizes is given in the Engineering Index Properties report. A soil rated as a "Probable" source has a layer of clean sand and gravel or a layer of sand or gravel that contains up to 12 percent silty fines. This material must be at least 3 feet thick and less than 50 percent, by weight, large stones. All other soils are rated as an "Improbable" source. Coarse fragments of soft bedrock, such as shale and siitstone, are not considered to be sand and gravel. J.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE CONSTRUCTION MATERIALS ndnote -- CONSTRUCTION MATERIALS --Continued • PAGE 3 OF 3 07/8/97 "oi.,soil is used to cover an area so that vegetation can be established and maintained. The upper 40 inches of a soil is evaluated for use as topsoil. Also evaluated is the reclamation potential of the borrow area. Plant growth is affected by toxic material and by such properties as soil reaction, available water capacity, and fertility. The ease of excavating, loading, and spreading is affected by rock fragments, slope, a water table, soil texture, and thickness f suitable material. Reclamation of the borrow area is affected by slope, a water table, rock fragments, bedrock, nd toxic material. Soils rate "Good" have friable loamy material to a depth of at least 40 inches. They are free of stones and cobbles, Nave little or no gravel, and have slopes of less than 8 percent. They are low in content of soluble salts, are naturally fertile or respond well to fertilizer, and are not so wet that excavation is difficult. Soils rated "Fair" are sandy soils, loamy soils that have a relatively high content of clay, soils that have only 20 `o 40 inches of suitable material, soils that have an appreciable amount of gravel, stones, or soluble salts, or _oils that have slopes of 8 to 15 percent. The soils are not so wet that excavation is difficult. Soils rate "Poor" are very sandy or clayey, have less than 20 inches of suitable material, have a large amount of gravel, stones, or soluble salts, have slopes of more than 15 percent, or have a seasonal water table at or near the surface. The surface layer of most soils is generally preferred for topsoil because of it organic matter content. Organic matter greatly increases the absorption and retention of moisture and nutrients for plant growth. • • U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE CHEMICAL PROPERTIES OF THE SOILS NON TECHNICAL DESCRIPTIONS PAGE 1 OF 2 07/8/97 Map symbol Depth ; Clay : Cation- Soil ; Calcium ; Gypsum :Salinity; Sodium and soil name :exchange reaction ;carbonate; :adsorption :capacity ; ratio 1 1 I I I I I 6: Nihill In Pct ;meq/100g ; pH Pct Pct ;mmhos/cm I i i 0-11 ; 10-27: 5.0-20.0: 7.4-8.4 1-5 --- 0-2 11-18 ; 15-27: 5.0-15.0: 7.4-8.4 1-5 0-1 0-4 18-60 15-27; 5.0-15.0; 7.4-8.4 5-15 0-1 0-4 I 1 I I I I I llney 0-12 ; 18-24:10.0-20.0; 6.6-7.8 12-33 ; 22-26:10.0-20.0: 7.4-8.4 1-10 33-43 18-22: 5.0-15.0; 7.9-8.4 10-15 --- 0-2 43-60 16-22: 5.0-15.0; 7.9-8.4 10-15 --- 0-2 I 1 I I I I 1 1 Olney : 0-12 ; 18-24:10.0-20.0: 6.6-7.8 12-33 22-26:10.0-20.0: 7.4-8.4 1-10 33-43 ; 18-22; 5.0-15.0: 7.9-8.4 10-15 --- 0-2 43-60 : 16-22; 5.0-15.0: 7.9-8.4 10-15 --- 0-2 I I 1 I 1 7orrifluvents---; 0-36 : 15-26: 5.0-15.0: 7.9-8.4 1-5 0-1 2-8 0-2 36-60 : 0-3 : 0.0-5.0 : 7.9-8.4 1-5 0-1 : 0-2 : 0-2 I I I i I 1 I I 1 • • U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE CHEMICAL PROPERTIES OF THE SOILS Endnote -- CHEMICAL PROPERTIES OF THE SOILS PAGE 2 OF 2 07/8/97 This report shows estimates of some characteristics and features that affect soil behavior. These estimates are given for the major layers of each soil in the survey area. The estimates are based on field observations and on test data for these and similar soils. CLAY as a soil separate consists of mineral soil particles that are less than 0.002 millimeter in diameter. In this report, the estimated clay content of each major soil layer is given as a percentage, by weight, of the soil material that is less than 2 millimeters in diameter. The amount and kind of clay greatly affect the fertility and physical condition of the soil. They determine the ability of the soil to adsorb cations and to retain moisture. They influence shrink -swell potential, permeability, and plasticity, the ease of soil dispersion, and other soil properties. The amount and kind of clay in a soil also affect tillage and earthmoving operations. CATION EXCHANGE CAPACITY (CEC) is the total amount of cations held in a soil in such a way that they can be removed only by exchanging with another cation in the natural soil solution. CEC is a measure of the ability of a soil to retain cations, some of which are plant nutrients. Soils with low CEC hold few cations and may require more frequent applications of fertilizers than soils with high CEC. Soils with high CEC have the potential to retain cations, thus reducing the possibility of pollution of ground water. SOIL REACTION is a measure of acidity or alkalinity and is expressed as a range in pH values. The range in pH of each major horizon is based on many field tests. For many soils, ,'alues have been verified by laboratory analyses. Soil reaction is important in selecting crops and other plants, in evaluating soil amendments for fertility and stabilization, and in determining the risk of corrosion. CALCIUM CARBONATE is the percentage by weight of calcium carbonate in the fine -earth material, less than 2 millimeters in size. GYPSUM is the percentage by weight of hydrated calcium sulfates 20 millimeters or smaller in size, in the soil. )A,iNITY is a measure of soluble salts in the soil at saturation. It is expressed as the electrical conductivity of the saturation extract, in millimhos per centimeter 3t 25 degrees C. Estimates are based on field and laboratory measurements at representative cites of nonirrigated soils. The salinity of irrigated soils is affected by the quality of the irrigation water and by the frequency of water application. Hence, the salinity of soils in individual fields can differ greatly from the value given in the report. Salinity affects the suitability of a soil for crop production, the stability of soil if used as construction material, and the potential of the soil to corrode metal and concrete. SODIUM ADSORPTION RATIO (SAR) expresses the relative activity of sodium ions in xchange reactions in the soil. SAR is a measure of the amount of sodium relative to :alcium and magnesium in the water extract from saturated soil paste. U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE • • CLASSIFICATION OF THE SOILS NON TECHNICAL DESCRIPTIONS PAGE 1 OF 1 07/8/97 (An asterisk in the first column indicates that the soil is a taxadjunct to the series. ' See text for a description of those characteristics that are outside the range of the series) Soil name Family or higher taxonomic class Nihill ;USTIC TORRIORTHENTS, LOAMY -SKELETAL, MIXED (CALCAREOUS), MESIC Olney ;USTOLLIC HAPLARGIDS, FINE -LOAMY, MIXED, MESIC Tnrrifluvents ;TORRIFLUVENTS J.S. DEPARTMENT OF AGRICULTURE 1ATURAL RESOURCES CONSERVATION SERVICE • • PHYSICAL PROPERTIES OF SOILS NON TECHNICAL DESCRIPTIONS PAGE 1 OF 4 07/8/97 (Entries under "Erosion factors --T" apply to the entire profile. Entries under "Wind erodibility group" and "Wind erodability index" apply only to the surface layer) ;Erosion factors;Wind ;Wind Map symbol Depth ; Clay Moist Perinea- ;Available Shrink- ;Organic; ;erodi-;erodi- and soil name ; ; bulk bility ; water swell ; matter; ; ;bility;bility density ;capacity potential; K Kf ; T ;group ;index I I I I I In ; Pct g/cc In/hr ; In/in Pct 46: I 1 1 I i I I I I Nihill 0-11 ; 10-27;1.25-1.40; 0.60-6.00 ;0.10-0.13:Low ;0.5-1.0; 0.20; 0.37; 1 4L 86 11-18 ; 15-27125-1.40; 0.60-6.00 10.07-0.09:Low ;0.0-0.5; 0.15; 0.43; 18-60 15-27;1.25-1.50; 0.60-6.00 ;0.03-0.05:Low ;0.0-0.5; 0.05; 0.32; I 1 I 1 49: I 1 I I I Olney ; 0-12 ; 18-24;1.25-1.40; 0.60-2.00 ;0.15-0.18:Low ;1.0-2.0; 0.28; 0.28; 5 6 ; 48 12-33 22-26;1.25-1.40; 0.60-2.00 ;0.14-0.17:Low ;0.5-1.0; 0.20; 0.20; 33-43 ; 18-22;1.25-1.50; 0.60-2.00 ;0.07-0.13:Low ;0.5-1.0; 0.15; 0.24; 43-60 ; 16-22;1.25-1.50; 0.60-6.00 ;0.05-0.09;Low ;0.0-0.5; 0.10; 0.28; I 1 1 I 1 I 1 1 1 I 1 1 1 1 1 1 I 1 50: 1 1 1 1 1 I I I I 1 i I I I I I I Olney ; 0-12 18-24;1.25-1.40; 0.60-2.00 ;0.15-0.18;Low ;1.0-2.0; 0.28; 0.28; 5 ; 6 ; 48 12-33 ; 22-26;1.25-1.40; 0.60-2.00 ;0.14-0.17;Low ;0.5-1.0; 0.20; 0.20; 33-43 ; 18-22;1.25-1.50; 0.60-2.00 ;0.07-0.13:Low ;0.5-1.0; 0.15; 0.24; 43-60 ; 16-22;1.25-1.50; 0.60-6.00 ;0.05-0.09:Low ;0.0-0.5; 0.10; 0.28; I I I I 1 I 1 I I I 1 I I I I I 1 I 1 65' 1 1 1 1 1 1 1 Torrifluvents0-36 ; 15-26;1.35-1.40; 0.60-2.00 ;0.16-0.20:Low ;0.5-1.0; 0.37; 0.37; 3 ; 4L ; 86 36-60 ; 0-3 ;1.50-1.65; )20.00 ;0.04-0.06:Low ;0.0-0.5; 0.20; 0.20; 1 1 1 1 1 1 1 :.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE PHYSICAL PROPERTIES OF SOILS Endnote -- PHYSICAL PROPERTIES OF SOILS • PAGE 2 OF 4 07/8/97 This report shows estimates of some characteristics and features that affect soil behavior. These estimates are given for the major layers of each soil in the survey area. The estimates are based on field observations and on test data for these and similar soils. CLAY as a soil separate consists of mineral soil particles that are less than 0.002 millimeter in diameter. In this report, the estimated clay content of each major soil layer is given as a percentage, by weight, of the soil material that is less than 2 millimeters in diameter. The amount and kind of clay greatly affect the fertility and physical condition of the soil. They determine the ability of the soil to adsorb cations and to retain moisture. They influence shrink -swell potential, permeability, plasticity, the ease of soil dispersion, and other soil properties. The amount and kind of clay in a soil also affect tillage and earthmoving operations. MOIST BULK DENSITY is the weight of soil (ovendry) per unit volume. Volume is measured when the soil is at field moisture capacity, the moisture content at 1/3 bar moisture tension. Weight is determined after drying the soil at 105 degrees C. In this report, the estimated moist bulk density of each major soil horizon is expressed in grams per cubic centimeter of soil material that is less than 2 millimeters in diameter. Bulk density data are used to compute shrink -swell potential, available water capacity, total pore space, and other soil properties. The moist bulk density of a soil indicates the pore space available for water and roots. A bulk density of more than 1.6 can restrict water storage and root penetration. Moist bulk density is influenced by texture, kind of clay, content of organic matter, and soil structure. PERMEABILITY refers to the ability of a soil to transmit water or air. The estimates indicate the rate of downward movement of water when the soil is saturated. They are based on soil characteristics observed in the field, particularly structure, porosity, and texture. Permeability is considered in the design of soil drainage systems, septic tank absorption fields, and construction where the rate of water movement under saturated conditions affects behavior. AVAILABLE WATER CAPACITY refers to the quantity of water that the soil is capable of storing for use by olants. The capacity for water storage is given in inches of water per inch of soil for each major soil layer. The capacity varies, depending on soil properties that affect the retention of water and the depth of the root zone. The most important properties are the content of organic matter, soil texture, bulk density, and soil structure. Available water capacity is an important factor in the choice of plants or crops to be grown and in the design and management of irrigation systems. Available water capacity is not an estimate of the quantity of water actually available to plants at any given time. SHRINK -SWELL POTENTIAL is the potential for volume change in a soil with a loss or gain of moisture. Volume change occurs mainly because of the interaction of clay minerals with water and varies with the amount and type of clay minerals in the soil. The size of the load on the soil and the magnitude of the change in soil moisture content influence the amount of swelling of soils in place. Laboratory measurements of swelling of undisturbed clods were made for many soils. For others, swelling was estimated on the basis of the kind and amount of clay minerals in the soil and on measurements of similar soils. If the shrink -swell potential is rated moderate to very high, shrinking and swelling can cause damage to buildings, roads, and other structures. Special design is often needed. Shrink -swell potential classes are based on the change in length of an unconfined clod as moisture content is increased from air-dry to field capacity. The change is based on the soil fraction less than 2 millimeters in diameter. The classes are "Low," a change of less than 3 percent; 'Moderate," 3 to 6 percent; and "High," more than 6 percent. "Very high," greater than 9 percent, is sometimes used. U.S, DEPARTMENT OF AGRICULTURE PJATURAL RESOURCES CONSERVATION SERVICE • • PHYSICAL PROPERTIES OF SOILS Endnote -- PHYSICAL PROPERTIES OF SOILS --Continued PAGE 3 OF 4 07/8/97 ORGANIC MATTER is the plant and animal residue in the soil at various stages of decomposition. In report J, the estimated content of organic matter is expressed as a percentage, by weight, of the soil material that is less than 2 millimeters in diameter. The content of organic matter in a soil can be maintained or increased by returning crop residue to the soil. Organic matter affects the available water capacity, infiltration rate, and tilth. It is a source of nitrogen and other nutrients for crops. EROSION FACTOR K indicates the susceptibility of the whole soil (including rocks and rock fragments) to sheet and rill erosion by water. Factor K is one of six factors used in the Universal Soil Loss Equation (LISLE) to predict the average annual rate of soil loss by sheet and rill erosion in tons per acre per year. The estimates are based primarily on percentage of silt, sand, and organic matter (up to 4 percent) and on soil structure and permeability, Values of K range from 0.05 to 0.69. The higher the value, the more susceptible the soil is to sheet and rill erosion by water. EROSION FACTOR Kf is like EROSION FACTOR K but it is for the fine -earth fraction of the soil. Rocks and ock fragments are not considered. EROSION FACTOR T is an estimate of the maximum average annual rate of soil erosion by wind or water that can occur without affecting crop productivity over a sustained period. The rate is in tons per acre per year. kIND ERODIBILITY GROUPS are made up of soils that have similar properties affecting their resistance to wird erosion in cultivated areas. The groups indicate the susceptibility of soil to wind erosion. Soils are grouped according to the following distinctions: 1. Coarse sands, sands, fine sands, and very fine sands. These soils are generally not suitable for crops. They are extremely erodible, and vegetation is difficult to establish. 2. Loamy coarse sands, loamy sands, loamy fine sands, loamy very fine sands•, and sapric soil material. These soils are very highly erodible. Crops can be grown if intensive measures to control wind erosion are used. 3. Coarse sandy loams, sandy loams, fine sandy loams, and very fine sandy loams. These soils are highly erodible. Crops can be grown if intensive measures to control wind erosion are used. 4L. Calcareous loams, silt loams, clay loams, and silty clay loams. These soils are erodible. Crops can be grown if intensive measures to control wind erosion are used. 4. Clays, silty clays, noncalcareous clay loams, and silty clay loams that are more than 35 percent clay. These soils are moderately erodible. Crops can be grown if measures to control wind erosion are used. U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE • • PHYSICAL PROPERTIES OF SOILS Endnote PHYSICAL PROPERTIES OF SOILS --Continued 5. Noncalcareous loams and silt loams that are less than 20 percent clay and sandy clay loams, sandy clays, and hemic soil material. These soils are slightly erodible. Crops can be grown if measures to control wind erosion are used. 6. Noncalcareous loams and silt loams that are more than 20 percent clay and noncalcareous clay loams that are less than 35 percent clay. These soils are very slightly erodible. Crops can be grown if ordinary measures to control wind erosion are used. 7. Silts, noncalcareous silty clay loams that are less than 35 percent clay, and fibric soil material. These soils are very slightly erodible. Crops can be grown if ordinary measures to control wind erosion are used. 8. Soils that are not subject to wind erosion because of coarse fragments on the surface or because of surface wetness. PAGE 4 OF 4 07/8/97 The WIND ERODIBILITY INDEX is used in the wind erosion equation (WEO). The index number indicates the amount of soil lost in tons per acre per year. The range of wind erodibility index numbers is 0 to 300. r OP:A MAXXI M Environmental, Inc. January 12, 1998 Mr. Don Germano 5807 County Road 320 Rifle, CO 81650 Re: December/January Water Well Test Data Dear Mr. Germano: Laboratory data for the water sample collected from your wells in December/January are attached. No benzene, toluene, ethyl benzene, or xylenes (BTEX) compounds were detected in your well. A minor concentration of methane was detected in the trailer lot water sample south of your residence. Methane is known to occur naturally in this area and there are no drinking water or ground -water regulatory standards for methane in Colorado. You will be contacted when additional testing is scheduled to be completed at your well. A Homeowners Meeting is scheduled for 7:00 PM on Monday, January 26, 1998 at the Rifle Town Hall to answer questions regarding the latest ground -water data and the status of the assessment. We currently expect the assessment to be completed by mid-February. Preliminary data indicates that ground -water impacts are confined to the Goad well and two observation wells to the immediate north. Thank you for your cooperation with this project. If you have any questions please feel free to call me at (303) 202-6966 or Duane Zavadil of Barrett at (303) 606-4396 or Loren Avis with the COGCC at (303) 894-2100 ext.110. Sincerely, Maxxim Environmental, Inc. Scot A. Donato, P.G. Senior Project Geologist Enclosures cc: Rich Griebling- COGCC Duane Zavadil; BRC RECEIVE° SEP 9 1999 780 Simms Street, Suite 103 Golden, Colorado 80401 Office 303-202-6966 Fax 303-202-6960 Evergreen Analytical, Inc. 4036 Youngfield St., Wheat Ridge, CO 8003 (303) 425-6021 Methods 602/8020 and 5030/8015 Modified Data Report Client Sample ID : Ge -02 (00 — 17., Lab Sample ID : 98-0363-03A / Date Collected : 01/28/98 Date Received : 01/29/98 Client Project ID : Barrett 162 Lab Work Order : 98-0363 Sample Matrix : Drinking Water Method: E602/SW8020A BTEX Date Prepared : 01/29/98 Date Analyzed : 01/29/98 Lab File ID : TVB20129\009R0101.D Effective Dilution : 1 Method Blank : M132012998 Compound Name CAS Number Concentration RL Units. Benzene 71-43-2 U 0.4 pg/L Toluene 108-88-3 U 0.4 pg/L Ethylbenzene 100-41-4 U 0.4 pg/L m,p-Xylene 1330-20-7 U 0.4 pg/L o -Xylene 95-47-6 U 0.4 pg/L Surro ate Recover : 1,2,4-Trichlorobenzene 93% 65 - 141 QC Limits Comments: Method: SW8015M TVH (GASOLINE) Date Prepared : 01/29/98 Date Analyzed : 01/29/98 Lab File ID : TVB20129\009F0101.D Effective Dilution : Method Blank : N.132012998 Compound Name CAS Number Concentration RL Units TVH -Gasoline 86290-81-5 U 0.1 mg/L Surrogate Recovery: 1,2,4-Trichlorobenzene 100% Comments: 65 - 144 QC Limits Notes: Total Xylenes consist of three isomers, two of which co -elute. The Xylene RL is for a single peak. Qualifiers: E = Extrapolated value. Value exceeds calibration range. U = Compound analyzed for, but not detected. B = Compound also found in the blank. J = Indicates an estimated value when the compound is detected, but is below the Reporting Limit. S = Spike Recovery outside accepted recovery limits. Analyst Definitions: RL = Reporting Limit. TVH = Total Volatile Hydrocarbons TEFI = Total Extractable Ilydrocarbons Approved 2/2/98 10:09:04 AM 0 I N CO Data File Name Operator Instrument Sample Name Run Time Bar Code: Acquired on Report Created on: Last Recalib on Multiplier Sample Info 0 (\) 0 I I I 0 0 1,2,4-TRICIILOROBENZLNE 15.106 0 0 C:\HPCHEM\2\DATA\TVB20129\009R0101.D M. A. Blecha Page Number TVHBTEX2 Vial Number 98-0363-03A Injection Number 29 Jan 98 02:43 PM 29 Jan 98 03:46 PM 08 DEC 97 11:16 PM 1 SAMP TVH W BTEX_W J GE -02 nF=1 Sequence Line Instrument Method: Analysis Method . Sample Amount . ISTD Amount 1 9 1 1 TVW21229.MTH BW21209.MTH 0 0 • • 0 L) 0 (1) 0 N (J 0 N Data File Name Operator Instrument Sample Name Run Time Bar Code: Acquired on Report Created on: Last Recalib on . Multiplier Sample Info -1,2,4-TR[CHLOROBENZENE 15.107 C:\HPCHEM\2\DATA\TVB20129\009F0101.D M. A. Blecha Page Number TVHBTEX2 Vial Number 98-0363-03A Injection Number 29 Jan 98 02:43 PM 29 Jan 98 03:46 PM 03 OCT 97 12:46 PM 1 SAMP TVH_W BTEX_W C ) GE -02 fP_1 Sequence Line Instrument Method: Analysis Method Sample Amount ISTD Amount 1 9 1 1 TVW21229.MTH TVW21229.MTH 0 Evergreen Analytical, Inc. di 36 Youngfield St., Wheat Ridge, CO 800 (303) 425-6021 Methods 602/8020 and 5030/8015 Modified Data Report Client Sample ID : GeS-02 Lab Sample ID : 98-0363-04A Date Collected : 01/28/98 Date Received : 01/29/98 Client Project ID : Barrett 162 Lab Work Order : 98-0363 Sample Matrix : Drinking Water Method: E602/SW8020A BTEX Date Prepared : 01/29/98 Date Analyzed : 01/29/98 Lab File ID : TVB20129\010R0101.D Effective Dilution : 1 Method Blank : M132012998 Compound Name CAS Number Concentration RL Units Benzene 71-43-2 U 0.4 pg/L Toluene 108-88-3 U 0.4 pg/L Ethylbenzene 100-41-4 U 0.4 pg/L m,p-Xylene 1330-20-7 U 0.4 pg/L o -Xylene 95-47-6 U 0.4 pg/L Surrogate Recovery: 1,2,4-Trichlorobenzene 93% 65 - 141 QC Limits Comments: Method: SW8015M TVH (GASOLINE) Date Prepared : 01/29/98 Date Analyzed : 01/29/98 Lab File ID : TVB20129\010F0101.D Effective Dilution : I Method Blank : MB2012998 Compound Name CAS Number Concentration RL Units TVH -Gasoline 86290-81-5 U 0A mg/L Surrogate Recovery: 1,2,4-Trichlorobenzene 102% Comments: 65 - 144 QC Limits Notes: Total Xylenes consist of three isomers, two of which co -elute. The Xylcnc RL is for a single peak. Qualifiers: E = Extrapolated value. Value exceeds calibration range. U = Compound analyzed for, but not detected. B = Compound also found in the blank. J = Indicates an estimated value when the compound is detected, but is below the Reporting Limit. S = Spike Recovery outside accepted recovery limits. l/ t !/%f,',C et— Analyst Definitions: RL = Reporting Limit. TVH = Total Volatile Hydrocarbons TEH = Total Extractable Hydrocarbons Approved 2/2/98 10:09:05 AM Data File Name Operator Instrument Sample Name Run Time Bar Acquired on Report Created on: Last Recalib on Multiplier Sample Info 0 Code: >2.084 6.385 6.909 11.080 14.142 CJ 0 15.901 0 • a 0 0 1,2,4-TRICHLOROBENZENE 15.111 C:\HPCHEM\2\DATA\TVB20129\010R0101.D M. A. Blecha Page Number TVHBTEX2 Vial Number 98-0363-04A Injection Number 29 Jan 98 03:18 PM 29 Jan 98 03:37 PM 08 DEC 97 11:16 PM 1 SAMP TVH W BTEX_W — GES -02 Sequence Line Instrument Method: Analysis Method . Sample Amount ISTD Amount 0 1 10 1 1 TVW21229.MTH BW21209.MTH 0 • • 0 0 0 Ff 0 N CO 0 Data File Name Operator Instrument Sample Name Run Time Bar Acquired on Report Created Last Recalib on Multiplier Sample Info Code: on: r_____----1,2,4-TR[CIILOROBENZENE 15.112 C:\HPCHEM\2\DATA\TV]320129\010F0101.D M. A. Blecha Page Number . TVHBTEX2 Vial Number . 98-0363-04A Injection Number : 29 Jan 98 03:18 PM 29 Jan 98 03:36 PM 03 OCT 97 12:46 PM 1 SAMP TVH W BTEX_W — GES -02 Sequence Line Instrument Method: Analysis Method . Sample Amount ISTD Amount 1 10 1 1 TVW21229.MTH TVW21229.MTH 0 E L O E .!(0 o in o • U O Q) 0 O (OU Q) X > Q 0 Y L N 2 1— lh M O O U O z O 2 — U 10 ▪ a) (O U c‘jLL 0 (p CO d Cr) — H CV +' O O >.0) O) 0 - tIl Lo O. tt 00 CO Z L N ^ 000 CD w CC Q ' (lig .... LU o °a w M « V ` CC w- a) �- 0 C.7 (T n -n ac g E w o 7 > Z i--0 >. W CO 0 0 4. -.E M ai O m O o.x Z ao a+2 00 C L .2 -2 N U - D a (0 E U n CO CO CC C1 CO ▪ CO CO 0 0 0 • 0 O z N 0 c0 d but not detected. 0 a) a CO C II CO a (0 C GAS0363.XLS # F (ug) Conc. Conc. (mg/L) (mg/L) GAS0210005 NA 0 0.00000000 0.00000000 U 0.0012 GAS0210006 71.1 0.0012 GAS0210007 71.4 _ . _ _ _ 0.0012 GAS0210008 71.5 0 0.00000000 0.00000000 U 0.0012 Methane Lab File Temp. area Headsoace Saturation rn 7/3 C Q a) a3 a 0 0 0 0 0 0 0 0 0 0 1.0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 n in in 10 10 10 L 0 LC) w (0 (n 0 10 to w (n 10 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a 0 ,--0 N M •cf (!) UO CO N CO O) 0 -- N CO <71- up 0 0 0 0 0 0 0 0 0 0 0 ) CO CO CO CO ('') CO CO CO CO CO CO C) CO CO (`) (`9) V M M M M M M M M M M M (`') M M M M D 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1) ao CO CO CO Co 0) CO CO 0) CO CO CO Co Co CO CO 3 CD CD O) 0) CD C) CD O) 0) O) (D 0) Cr) 0) CD 0) Client Sample # Amount Lab Injected Sample # (ml) `\ 0 O z N 0 c0 d but not detected. 0 a) a CO C II CO a (0 C GAS0363.XLS 11) • • Data File 14ame Operator Instrument Sample Name Run Time Bar Acquired on Code: Report Created on: Last Recalib on . Multiplier Sample Info 01 N I I 0:\HPCHEM\ALGA\DATA\GAS0210\008R0101.D Bill Michener Page Number . ALGA Vial Number . 98-0363 03B Injection Number : 10 Feb 98 08:22 AM 10 Feb 98 10:51 AM 03 SEP 97 11:40 AM 1 SAMP METH Ge 02 FW=1 Sequence Line Instrument Method: Analysis Method . Sample Amount ISTD Amount 1 8 1 1 GAS.MTH GAS0210.MTH 0 E J a) E E TD a) > co cp U U - O a) U O (o O > X_ O. C0 (73 -C • a) c`7 () 0 O U w 2! CD U J E a a) Up N0 CO CO CO } cv t EE c5 00 aYi OM N 6 0. ' 0 Q Z •= N CC D NCD w Ti 2 °a w Q) Q) 0) CC w 0) a) c7 C' E .0 cc E : RSKSOP-175M w } Z a) a`) w + D L. co O a) O 0 o .x Z vt 0 ` co 0) co CO OD N C) C) N C) O N N \ r- N 1D 1D N a) E co a) CD a) io (v 0 0 Date Prepared • • Q) 0 • Y 10 O • C (o 7 E .a O J CO co ▪ O) U_ •c o. U t0. O U O • Z • II 11 o rc Z c▪ o 0 0. X LU I I w GAS0363.XLS 0.500 Method Blank 2/10/98 GAS0210005 NA 0 0.00000000 0.00000000 U 0.0012 0.500 2/10/98 GAS0210006 71.1 0.0012 0.500 2/10/98 GAS0210007 71.40.0012 0.500_ 2/10/98 GAS0210008 71.5 0.0012 0.500 Lam- ' GeS-02 2/10/98 GAS0210009 71.8 0 0.00000000 0.00000000 U 0.0012 0.500 0.500 0.500 0.500 0.500 0.500 0.005 0.500 0.500 0.500 0.500 0.500 Methane Lab File Temp. area Headspace Saturation # F (ug) Conc. Cone M 0 a) a m c 0 a Amount Injected Client (ml) Sample # N. 0) COa --) E (o CO a 7 0 I-- N M .4 cfl (0 CO 04 OD 0 0 0 0 0 0 0 0 p (`o (`') c') C) C) r) (4) (4) ,_ (D (0 (D (D c0 c0 CO (0 cu M CO CO M M C) M CO 0 0 0 0 0 0 0 0 0 CO N CO co (0 6 6 6 6 0 CD CD CD CD CD co co CD 0) 0) O — N CO 'd' 1I) 0 0 c; (`') (4) (4) C) C) C) (`)) CO CO CO (D co (0 (0 (D CO CO C) M M CO CO M 0 0 0 0 0 0 0 0 6 0 co co 6 0) N N CD CD CD co rn CD co rn Q) 0 • Y 10 O • C (o 7 E .a O J CO co ▪ O) U_ •c o. U t0. O U O • Z • II 11 o rc Z c▪ o 0 0. X LU I I w GAS0363.XLS CU 0 0 0 0 H 0 0 0 0 • • >.ettrarre—e-6-55-141' N 1 � Data File Name Operator Instrument Sample Name Run Time Bar Code: Acquired on Report Created on: Last Recalib on . Multiplier Sample Info CO 4 01 0 00000 C:\HPCHEM\ALGA\DATA\GAS0210\009R0101.D Bill Michener Page Number ALGA Vial Number 98-0363-04B Injection Number 10 Feb 98 08:25 AM 10 Feb 98 10:51 AM 03 SEP 97 11:40 AM 1 SAMP METH GeS-02 Sequence Line Instrument Method: Analysis Method . Sample Amount ISTD Amount 1 9 1 1 GAS.MTH GAS0210.MTH 0 CO N Data File Name Operator Instrument Sample Name Run Time Bar Acquired on Report Last Recalib Multiplier Sample Info Code: Created on: on . 0 0 ---1,2,4 ---TRICI1LOROBENZENE 15.039 C:\HPCHEM\2\DATA\TVB21229\ M. A. Blecha TVHBTEX2 97-5297-08A 30 Dec 97 08:04 AM 30 Dec 97 09:11 AM 29 DEC 97 12:55 PM 1 SAMP TVH_W BTEX W GERMANO GE -1 nP=1 0 It 040F0101.D Page Number Vial Number Injection Number : Sequence Line Instrument Method: Analysis Method . Sample Amount ISTD Amount ,p. 0 L 1 40 1 1 TVW21229.MTH TVW21229.MTH 0 0 1 1 0 fD 0 fD 0 0 N 0 Data File Name Operator Instrument Sample Name Run Time Bar Acquired on Report Created Last Recalib on Multiplier Sample Info Code: on: 2.064 6.830 11.006 14.072 — — -1,2,4-TR(CH1,0R0BENZENC 15.038 15.817 C:\HPCHEM\2\DATA\TVB21229\040R0101.D M. A. Blecha Page Number TVHBTEX2 Vial Number 97-5297-08A 30 Dec 97 08:04 AM 30 Dec 97 09:11 AM 08 DEC 97 11:16 PM 1 SAMP TVHW BTEX_W GERMANO GE -1 np_1 Injection Number : Sequence Line Instrument Method: Analysis Method . Sample Amount ISTD Amount 1 40 1 1 TVW21229.MTH BW21209.MTH : 0 Evergreen Analytical, Inc. 136 Youngficltl St., Wheat Ridge, CO 8011 (303) 425-6021 Methods 602/8020 and 5030/8015 Modified Data Report Client Sample ID : Germano Gc-1 Lab Sample ID : 97 -5297 -ORA Client Project ID : BRC.Rulison.Asscss Date Collected : 12/24/97 Lab Work Order : 97-5297 Date Received : 12/29/97 Sample Matrix : Groundwater Method: EG02/SW8020A BTEX Date Prepared : 12/29/97 Date Analyzed : 12/30/97 Lab File ID : 'fV1321229\U40R0101.1) Effective Dilution : 1 Method Blank : M132122997 Compound Name CAS Number Concentration RL Units Benzene 71-43-2 U 0.4 pg/L Toluene 108-88-3 U 0.4 pg/L Ethylbenzene 100-41-4 U 0.4 pg/L m,p-Xylene 1330-20-7 U 0.4 pg/L • o -Xylene 95-47-6 U 0.4 pg/L Surrogate Recovery: 1,2,4-Trichlorobenzene 89% 50 - 150 QC Limits Comments: Method: SW8015M TVH (GASOLINE) Date Prepared : 12/29/97 Date Analyzed : 12/30/97 Compound Name Lab File ID : TVI321229\040F0101.11 Effective Dilution : 1 Method Blank : M132122997 CAS Number Concentration RL Units TVH -Gasoline 86290-81-5 U 0.1 mg/L Surrogate Recovery: 1,2,4-Trichlorobenzene 89% 50 - 150 QC Limits Comments: Notes: "Total Xylenes consist of three isomers, two OiNvhich co -elute. The Xylene RL is Ibr a single peak. Qualifiers: E = Extrapolated value. Value exceeds calibration range. l I = Compound analyzed for, but not detected. B.= Compound also lbund in the blank. 1= Indicates an estimated value when the compound is detected, but is below the Reporting Limit. S = Spike Recovery outside accepted recovery limits. Analyst Definitions: RL = Reporting Limit. TVII - Total Volatile I Iydrocarbons TEII = Total Extractable I lydrocarbons Approved 1/2/98 2:59:09 PAS/ N Data File Name Operator Instrument Sample Name Run Time Bar Code: Acquired on Report Created on: Last Recalib on . Multiplier Sample Info —1,2,4-'I'RICIILOROUENZENE 15.040 C:\HPCHEM\2\DATA\TVB21229\03 M. A. Blecha TVHBTEX2 97-5297-07A 30 Dec 97 07:29 AM 30 Dec 97 09:07 AM 29 DEC 97 12:55 PM 1 SAMP TVH_W BTEXW S GERMANO R. GES -1 nF =-i 9F0101.D Page Number Vial Number Injection Number : Sequence Line Instrument Method: Analysis Method . Sample Amount ISTD Amount 1 39 1 1 TVW21229.MTH TVW21229.MTH : 0 Data File Name Operator Instrument Sample Name Run Time Bar Acquired on 0 Code: Report Created on: Last Recalib on . Multiplier Sample Info )2.001 0.654 11.007 14.071 r 15.524 0) 0 -1,2,4-TRICIIL0R0BENZENE 15.039 C:\HPCHEM\2\DATA\TVB21 M. A. Blecha TVHBTEX2 97-5297-07A 30 Dec 97 07:29 AM 30 Dec 97 09:08 AM 08 DEC 97 11:16 PM 1 SAMP TVH_W BTEXW S GERMANO R. GES -1 DF=1 N � (D (D 1 I 229\039R0101.D Page Number Vial Number Injection Number : Sequence Line Instrument Method: Analysis Method . Sample Amount ISTD Amount 1 39 1 1 TVW21229.MTH BW21209.MTH 0 Evergreen Analytical, Inc. 36 Youngfield St., Wheat Ridge, CO 8011. (303) 425-6021 Methods 602/8020 and 5030/8015 Modified Data Report Client Sample ID : Germano SR. GeS-1 Lab Sample ID : 97-5297-07A Date Collected : 12/24/97 Date Received : 12/29/17 Client Project ID : BRC.Rulison.Assess Lab Work Order : 97-5297 Sample Matrix : Groundwater Method: E602/SW8020A BTEX Date Prepared : 12/29/97 Date Analyzed : 12/30/97 Compound Name Lab File ID : 'I'V1321229\039R0101.1) Effective Dilution : I Method Blank : MB2I22997 CAS Number Concentration RL Units Benzene 71-43-2 U 0.4 pg/L Toluene 108-88-3 U 0.4 Ilg/L Ethylbenzene 100-41-4 U 0.4 pg/L m,p-Xylene 1330-20-7 U 0.4 pg/L o -Xylene 95-47-6 U 0.4 pg/L Surrogate Recovery: 1,2,4-Trichlorobenzene 90% 50 - 150 QC Limits Comments: Method: SW8015M TVH (GASOLINE) Date Prepared : 12/29/97 Date Analyzed : 12/30/97 Compound Name Lab File ID : TVB21229\039F0101.1) Effective Dilution : Method Blank : M132122997 CAS Number Concentration RL Units TVH -Gasoline 86290-81-5 U 0.1 mg/L Surrogate Recovery: 1,2,4-Trichlorobenzene 100% 50 - 150 QC Limits Comments: Notes: 'Total Xylenes consist of three isomers, two of which co -elute. The Xylene RL is ibr a single peak. Qualifiers: Definitions: E = Extrapolated value. Value exceeds calibration range. RL = Reporting 1.imit. lJ = Compound analyzed for, but not detected. TVH = Total Volatile Ilydrocarhons 13 = Compound also Ibund in the blank. TED =Total Extractable 1 I ydrocarbons .I = Indicates an estimated value \then the compound is detected, but is below the Reporting Limit. S = Spike Recovery outside accepted recovery limits. eze(«& Analyst Approved 1/2/982:59:05I'M 0 CJI lame Data File Name Operator Instrument Sample Name Run Time Bar Acquired on Report Created Last Recalib on Multiplier Sample Info co 0 0 0 CO 0 0 0 111 1 Code: on: McLhane 0.860 0 (DD (DD N (D C:\HPCHEM\ALGA\DATA\GAS0102\013R0101.D Bill Michener ALGA 97-5297-07B 02 Jan 98 09:34 AM 02 Jan 98 11:48 AM 03 SEP 97 11:40 AM 1 SAMP METH Germano SR. GeS-1 lF-1 Page Number Vial Number Injection Number : Sequence Line Instrument Method: Analysis Method . Sample Amount ISTD Amount 1 13 1 1 GAS.MTH GAS0102.MTH 0 EVERGREEN ANALYTICAL, INC. M O O co 0 U 01• , ow 17 N LL E0 `co 0 1 LD oN C N a) Yk M C U) -do s Q 0 EJ "' E 0—•- 0.71 a-0 E O 4- U O O Wm o O U N co -u - ▪ y U : BRC.Rulison.Assess Client Project Number : RSKSOP-175M Number • • SAMPLE RESULTS 1 J --1.-- CC Cr) CC E a ci J E c co mu E w 0 10.00000000 10.00000000 I U1 1 Saturation Conc. Headspace Conc. O C N IU 0) ID ca 2 Eu U I- Q .- N M M d- d- 10 m m c0 0e O O O .- - u) O d 'd-d-d=vd.d.d-d.d.ririd-d-d-dd-dtd.d= Z N N- n 1� N r- 1\ N 1- s N N N t\ h N N N n m LE r to J 1f) c0 r� M O) O - N C) 11) (0 N 0 O) O .- N M d' co 00000 NNNNNN 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 NNNNNNNNNNNNNNNNNNNN 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00000000000000000000 WWWWWWWWWWWWWWWWWWWW <<<<<<aaaaa¢<<<<<<aa (900(.90(.900(.90000(.9000000 m v) N iu `g° r 00 00 00 00 co 00 O m 00 00 M 0 00 o 00 OJ co 00 0 0 U) O) O) O) O) O) O) O) O) O) O) O) O) O) O) O) O) O) O) O) cV cV NC CV'N N N N N cN cV N N N cN N N N N _ - N- 4-, N a�w yu) ._ G Uo:1 U) 1)J ❑ s U Q R U' _ ¢) !L C7 i- _ 2 LL no C C (Co C C U) C '1) u�i 'u) o 'O .r 'O U U () 1E) U O ,1 O w O v �o o T) Y UI m ' N O rLLI c E u) u c a `o .o -,OO -w r ) 1C )O .0WU OuW(Y1 co ' E WO O co -SaLLU -Uo U til Y EL UU Amount Injected (ml) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0000000000.-000,-00000 Il) In LI) C0 1f) 10 LL) U) 10 11) O Lf) 10 11) O M 10 10 M LO O 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11. m W a -) E (0 U) 0. D _ 0 N M M d' LO c0 n m M O .- N M d- m m r, 00 aD 0 0 0 0 0 0 0 0 0 0 N1111110,111111... I. N N N N N N n N N N N N N h h n N N O M M O) M M M M M M M M M M M M M O) M M .._ N N N N N N N N N N N N N N N N N N N O LO 10 IL) 11) 1() LO Lf) Ln 13) LL) 10 13) II) 13) 10 L() LO L0 10 w r' r` N N N r; n N N r� A N N N N N N UMMMMMMMMMMMMMMMMMMM Note: Pressure calculated at 5418 feet. N .f] )u m cU 0 .l J IU 0) c a O • ca O 0 c z II 11 o, z N U 11) U) 'O O C Y N -n • .O � C O v- -p - c • 0 U) m 0 CW v Q Q II 11 01D M GAS5297.XLS 0 0 0 0 01 Data File Name Operator Instrument Sample Name Run Time Bar Code: Acquired on Report Created on: Last Recalib on Multiplier Sample Info 0 0 0 0 w w w 0 C:\HPCHEM\ALGA\DATA\GAS0102\ Bill Michener ALGA 97-5297-08B 02 Jan 98 09:43 AM 02 Jan 98 11:48 AM 03 SEP 97 11:40 AM 1 SAMP METH Germano Ge -1 w w w 01 015R0101.D Page Number Vial Number Injection Number : Sequence Line Instrument Method: Analysis Method . Sample Amount ISTD Amount 1 15 1 1 GAS.MTH GAS0102.MTH 0 E _ o W W ,••-• CO 0 d' a) r m . N cfa U) to � U 0) E J - Y a) E 0 -- 'a1 a b a E �' Y U O N U 10 a) a c u) N b .0 Y N (0 Y : 6RC.Rulison.Assess Q1 E 7 Z (u 4.l v w 0 o (L 0 Y C (L) .f) n, U _1 : RSKSOP-175M Method Number b z) b E "i N w v) f1 W • (I) a) Y (13 (U t(1U 0 0 0 • SAMPLE RESULTS J J-"- CC CI) E 11.203 10.00121297 10.00048176 I 0.0017 I 0.0012 a) d C J E O m U E c O '• U N c O t- U co a) U N• n 0 0 0 b 10 0 11) Methane area (ug) a Li- w I- .- N co co ct �t in (n CO O CO 0 0 0 ,- '- (n O"Cr z d d' d d -M M d' d' d' d- d' d• d' d' ‘-t-d- d' d' d' r r r r r r r r r r r r r r r r r r r (0 — LL. 11: _f7) .J 10 (0 r 00 0) 0 r- N CO (1) CO r CO 0) 0 .- N M Ti- (3 0 0 0 0 0 N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N (V N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U) (0 U) U) (/) (.0 U) (1) U) U) U) (.1) CO U) U) V) U) U) U) U) a<<<<<<Qaaaaaaaaaaaa C7 C7 C7 C7 0 0 0 0 0 (7 C7 0 (7 C7 0 (7 (.7 0 0 (.7 Amount Lab Injected Client Analysis Sample # (ml) Sample = Date 00 O c0 00 00 CO 00 CO CO CO CO 00 CO CO 00 CO CO 00 CO CO 0) 0) 0) (1) 0) 0) m 0) 0) 0) CS) 0) 0) 0) 0) 0) 0) ()) 0) 0) N N N N N N N N N N N N N N N N N N N N — — � —. — — — L U - m () U \o Y N o to U 0 - (7 c L 0. .- `_ a LL ' m 0, 0 > 0 (L cr ' : m c (9 < m o . c c (o c c U) c 'o 0 ' to v c 'o u(2 m 0 - 0 0 .�e 0 w 0 19 7u ) m .> o r N 0 o) r_ E (0 �( ? cc w c F (n D e c o to .0 2) -� c a) 0 0 ; a) o a' 10 .0 `a (J o -u m in U s w n (L E 0 ;? ` o (u 'S as u. L (j w U ( (I - (.. (..9 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4-000 0 0 0 0 0 (I)1.1.) 11) W W W In W W (1) 0 W 10 W 0 (n W U) (0 (n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7 0 N CO CO d' 10 (0 r CO 0) 0 ,-- N CO d' 11) (0 r CO O 0 0 0 0 0 0 0 0 0 0 ‘- .- '- .- .- .- ..- .- r N N r r r r r r r- N • N' N r r� r r r` 00) 0) CO 0) 0) C() 0) 0) 0) 0) 0) CD 01 Cr) 0) 0) 0) 0) O) r, IN (V N (V (V N (V (V N (N N N N N N N N (V (V 0 (1) () () (1) W (n W 10 to 1)) 10 W (n (n 10 (n 10 )1) (n (n r N r r r` N N N N r N N r N r N NII N 1-- 0 O) 0) O) 0) O) O) O) CO 0) 0) 0) 0) C)) O) 0) 0) a) O) O) Note: Pressure calculated at 5418 feet. ai .o IU m N Y 0 a) J ((00 O) U C -a a 0 - N a o O cc Z II 11 cc Z but not detected. -0 (1) 0 0. C 0 N GAS5297.XLS t \,4 IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 STATE OF COLORADO CASE NO. W- 1285 IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF NORMAN AND MARY JANE MEAD IN THE COLORADO RIVER OR ITS TRIBUTARIES RULING FILED IN WATER COURT Division No. 5 DEC 0;1972 pS�ATE OF= C LORADO WATER CLC.',' OF THEThinREE ABSOLUTE DECREE FOR UNDER GROUND WATER RIGHTS TRIBUTARY INVOLVED: BEAVER CREEK IN GARFI ELD COUNTY And the Referee having made the investigations required by Article 21 of Chapter 148, C.R.S. 1963, as amended does hereby make the following ruling, to wit: This application was referred to the Water Referee of Water Division No. 5 on the 12th day of July , 1972 . Norman Mead and `Mary Jane Mead Route .1, Box 159 Rifle, Colorado 2. The name of the structure is Mead Well No. 1. 1. Name of Applicant Address 3. The Legal description of the structure is : The well is located in the SW4NW4 of Section 26, T. 6 S., R. 94 W. of the 6th P.M. at a point whence the Northwest Corner of Section 27, said Township and Range, bears N. 68°23!54" W. 6350 feet. 4. The depth of the well is 75 feet. 5. The date of initiation of appropriation is May .1, 1964. 6. The amount of water claimed is 0.033 cubic foot per second of time. 7. The use of the water is domestic and stock water. 8. The State Engineer's number is 19365. 9. The Priority date is Nay 1, 1964. 10. The date of the application was June 30, 1972. It is the ruling of the Referee that the statements in the application are true and that the above described water right is approved and granted the indicated priority; subject, however, to all earlier priority rights of others. It is accordingly ordered that this ruling shall become effective upon filing with the Water Clerk, subject to Judicial review as provided by law. Done a the City of Glenwood Springs, Colorado this day of� , 197?: I'o protest was filed in thin matter Thu forot:oinn ruling is ^n^firmed an alar roved, and is made the Juu6ment and Decree of this court. 1`a t ed (1)/144 4_ I y! I'173 ic.&.4&---2/44*007e Water Judge die " dater Referee Water Division, No. 5 State of Colorado WATER RES. !..',woo •. :C~ . ;`:' , :10•63 , , ' '' :. .• I Indy N x..:.,..:7.1.-.. IDW ...: Use.. .•:+ri:1/4 Registered:. l�.:7.1-7.- :303-866-3589 Jan 7 98 14:28 No 005 P.11 ' STATE OF, COLORADO I IF V ` f] `3 f•r r ,OF WATER .RESOURCES •• ;;: ; DIVISION •' . • • '•! ..:OFFICE. QF. THE STATE •ENGINEIER : °.? ''GROUND••WATERSECTION•• !j r•fr 1 l : ... HISTORY :OF., WELL, _...., . . '. (For State En9ilieer'a Use) . ••• ,,,,i• • PERMIT NO,r.,. . ; r,r • . WEII'LOCATION, , • Driller.. -4 -- ' :.Lac. No.7B-_--,•—T—.- :..:.. ,._.:;•;:s..t ,.:/:HI..•• r;,;.:•;1' •, �iormeuis Mead ' Garil9. d $..r•, rl_.i .. c'•'' Cqunty, Owner.. ' • ' . ,.•• • : + :.,, .:; ..:::1:,. i:'•; �•„s,,,..„ . ” '' i • ;f . ,;, ':>r : ,;,1 .• City" �Aifles : P'.; '; SW' .-4' of.. . _V4 `of Sect' Street_ =-=rJ- , Tenant-.,.. . .•_••: . .........T.••••••• _ ' D atio •• .. . .. , •.. ,Use of Water__ : - ' On of E ••• , " l'...,••• • _Acres—... ' By_ ' h dercrIpIlon' of elle or lend l ' • •r' 1 f ' Date. Started �f -• e• .Date' Complated' . • ,19 ; Yifad1 .GPM or_ '• CFS -•:til ..•X i : . „ . mil1 • :WELT, •.DESCRIPTION6`;':•::: f . ; , .5 . pth:..2L .. .. ft;' ' : l.r• . ,1 • i1 '30 ,^ft�`•.Total• Dm ,' 1 _ .1 '• .Depth`., Yate•• '. .• • _..1W*Vat.. :'�' (measured from ground rurfeca) , •'`• from:��.��' ft:•'•to_ . _ft,..4..---4.-In Hole , :, `• irn. ' • 'ft' to_ ft''; '.— ..;_1n. , �fr'om�:��. Diameter.' —in. .'.froom 1. •1 ft 'to—. ft.; • . TEST DAYAi- . . .How'.Tested_Pvrnp: or— Bailed r•;• .•�'4. 25`• ,19— . —length_.. Date Tested_.i , Rata_ „ - • 1• 'GPM Drawn' Down_. 0 ft. , .1 ;PUMP .DATA: - '' ' ".T••;T • +;`" ,^OtJtIeT :•Size'_; 1. in., ... . '1' 'Pump, ype' � ,..i. 1• •+••�•• .144. `•:' • Driven by=1 • , 1... . • .. i" .. •ti .l ' :1.• .;I. r= e • � .+y .. ABOVE DIAGRAM.. REPRESENTS'.ONE•. U L:: C TION. LOCATE : WELI ., ACCURATELY,11y:� MALL ' SQUARE REPRESENT.INt3�40 + : 1>' ice, y.•• r, ,�a• :. If !the above Is,not'spplicable •fill; in: ;til': ;• • ..:: ... • ...: Clty,•or Tgwn .,, CASING RECORD: . . ;' -, , , . or' • platin Casing . ti .• ;• ;:,, .. l : tc Lot •• Size , Kind. • .r,i . •;. ,• Size• -iKnd from= • Y .t,.y, •.'.. (Include filing o knumlier): �. . • • Size - -, .Kind—..: ro' �rn. __ •,.:y.,•=:; •r • TO'BE MADE OUT IN 'QUADRUPLICATE: .. .. Perforated Casinp •' • • Original,: Blue,• and•' Duplicate, Green .Copy,:r .-"' (Kind. r -.''''it!: • free It >.'-''i ' '! ft ,.to • ' ft.'' must be filed .with-thp.State Engineer within'. Size- , ... 30 days ' after well`.,ls'. cor»ploted. ':`Whit`• Siie...—...-, Kind . from- -.,ft. toter -ft ' copy; is for the•Owner ond.Yollow copy for. ' ::. ..''. the Driller,-' .SIGN.toCOPY : '.,• Size.-.'-.' ' '_, Kind__- -from ft.''to ' ' ft r .• .; -':' F.; FOR: WELL LOG USE REVERSE SIDE ,;'' • . . . „ FEET !.';'•• WATER RES. ,Groulflevatlon'' •` FROM. • ,FEE•;: , • •75 :303-866-3589 Jan 2.7 98 14:29 No .005 P.12 f•1�• '.1:47 •)'• ,11:!• :r!'41iaii, 1:':1.1; )}•Q �.yS •\•��r: ry'�i' .5 'dl•�'w.�.r� ;•, Na',y a.:>•lrr X .. ;. j,J.. ,7. +�. ,1 •. —9 _. OZ I known): ";: r.•,+•1: How Dn1Ied r �, :w•:-: i0;i•.F1•7 , ;•;4 ;; ,. • . �'.�•,i.4 _ • • TYPE OF MATER AL'A i ' Lava Boulders -:+tib• • • — �`—r — . ••' , '. ::11•:.'1':'.',5'''' :;,:.•.•..').•:'`'''''''".'! :' 4,1•,40,1:' 1. . 4. • ; • r J y EMARK �,•. i f :t.:11 * I' i.;:l' 1..2 5 R s t.: t:i,•. a 1.. (such o► Corntntinp.' 8 :� +6 o.,E ••-. picking; •Shut off;`etc.) ' i 't° + 1 : • c d, v ,• • r •• • • •'• • '' • ' 5 j• �� ... .., . • . ,1 • !1 .....• _—_ �_•—• ,•r—'�., s •ate _ 'l:1•!1}�; 1: ''� ...: Yn �s. to '4 )1, • • • • :•'•:.•••..1•••••• •1••.• • 'Y' •1..':1 :.1 ..1 x••.11' 'Ki• �`}:'��''\�'Krryy)�' �—.fes'-•T • •;'. ::.;„l, Ivori • 'Pi* Jo rogl+Lad,.u•�1� dd idn►l iihis11 ' WELL' DRILLUR'S' STA 'EMEW,T."'. B '45 t 1 •!'• 7 303-866-3589 Jan 27 98 14:30 No .005 P.13 A Yr;HMl'I' '1'c.1 VoraVli" •�.,+ —A-- H('IC (r V 1:-/U•1OR; ST A WELL APPLICATI PERMIT TO CON Dum' seas 14/V Me�f D - LOCATION: P.O. Address Quantity applie Used for ��, .Purposes on/at (legal description of land site) Tota. acreage irrigated and other 57.^ ESTIMATED DATA OF WELL Hole size: in. to t. in. to ft. Casing P1ain20iin. in. Open or Perf, '' in. in. PUMP DATA: Type Use initiation date } y r 18( Use Supplemental pa es f r ad6itional d from O to 471511. from to ft. from,ef,tct.o from to ft. Outlet ,.d? S. HP ,Size THIS AP LIGATION APPROVER PERMIT NO. i936 ISSUED: DATE APR 20 19M 19 County 4.2,{/3-1 of /1)/W1 of Sect. gay, Twp. irk Rge, _ _ P.M. OR Stree Address or Lot &Block No. Town or Subdivision 1V __... -- _ V _ __,..1- _ - t 1 1 , E Locate well in 40 acre (small) square as near as possible. Large square is one section, $25.00 fce required for uses other than Domestic or Livestock. Applicant Agent ori' Dr ille r Address NOTE — SATISFACTORY COMPLETION REQUIRED FOR APPROVAL OF APPLICATION lLe Location of the Southerly Line operty desc ibed in book 1013 t sed upon d: scriptive calls to Section Lines �~\ 1321.28' Locotia o! the Souther, Line of Thal descnbed in Book /O/J of Page 531 Pa? mothemotico/ dknens/ons only • Mot Property at Page 3p1 described in Book 424 /rest Rtje 1 erchange 4f- 7 t• K'`" 35.A Li I N Allar;(I syzsoNoms14, ammo] -.4%•1--,4 o Elmo t9 ToltXQ]'c, •8 `;1r J toltc1_ o 1 @ 5% [[1I] • -6 OZ:ZT 86. 6T 833 _mow £6d OTG DNI Sa3iIa OM1 XUW38 6£6£-TtiZ-£0£+ ,/ • • The printed portions of this form have been approved by the Colorado Real Estate Commission. (TD 72-7-96) IF THIS FORM IS USED IN A CONSUMER CREDIT TRANSACTION, CONSULT LEGAL COUNSEL. THIS ISA LEGAL INSTRUMENT. IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. DEED OF TRUST (Due on Transfer — Strict) THIS DEED OF TRUST is made this 971- h day of Ma rc•h , 1997 DONALD R. GERMANO AND KATHLYN A GERMANO , between (Borrower), whose address is 5807 County Road 320, Rifle, C c 1 ctradn R1650 and the Public Trustee of the County in which the Property (see paragraph 1) is situated (Trustee); for the benefit of GERALD G . BRUN AND ELAINE I. BRUN (Lender), whose address is 5698 State Highway 325, Rifle, Colorado 81650 Borrower and Lender covenant and agree as follows: 1. Property in Trust. Borrower, in consideration of the indebtedness herein recited and the trust herein created, hereby grants and conveys to Trustee in trust, with power of sale, the following described property located in the County of Garfield , State of Colorado: That real property described on Exhibit "A" attached hereto and incorporated herein by this reference. Together with Mead Well No. 1 adjudicated in Water Division 5, Cas No. W-1285 under Permit No. 19365; 0.21 C.F.S. of Water from the Be Ditch; 0.15 C.F.S. of water from the Goodenough Ditch and one-half interest in the Emma Mead pump and Pipeline (1.0 C.F.S.); title to which water rights is not included in the warranties hereunder. Together with grantors' interest in an easement more fullydescribe in deed recorded in Book 494 at Page 508 of the Garfield ounty Records. which has the address of 9641 County Road 320, (Street) Rifle , Colorado 8 1 6 5 0 (Property Address), together (Zip Code) (City) with all its appurtenances (Property). 2. Note; Other Obligations Secured. This Deed of Trust is given to secure to Lender: A. the repayment of the indebtedness evidenced by Borrower's note (Note) dated March 27 , 1 9 9 7 , in the principal sum of One Hundred Eighty-five Thousand and 00/100 U.S. Dollars, with interest on the unpaid principal balance from March 27 , 1997 , , until paid, at the rate of eight (8) percent per annum, with principal and interest payable at 5698 State Highway 325, Rifle, Colorado 81650, or such other place as the Lender may designate, in monthly payments of One Thousand Pi VP Hundred Thirty-seven and 17/100 -Dollars (U S $ 1,537 - 17 )due on the 27th. day of each month beginning Ap r i 1 27 , 1 9 9 7 , _ ; such payments to continue until the entire indebtedness evidenced by said Note is fully paid; however, if not sooner paid, the entire principal amount outstanding and accrued interest thereon, shall be due (c) Should Lender not elect to Accelerate upon the occurrence of such Transfer then, subject to (b) above, the mere fact of a lapse of time or the acceptance of payment subsequent to any of such events, whether or not Lender had actual or constructive notice of such Transfer, shall not be deemed a waiver of Lender's right to make such election nor shall Lender be estopped therefrom by virtue thereof The issuance on behalf of the Lender of a routine statement showing the status of the loan, whether or not Lender had actual or constructive notice of such Transfer, shall not be a waiver or estoppel of Lender's said rights. 25. Borrower's Copy. Borrower acknowledges receipt of a copy of the Note and this Deed of Trust. IF BORROWER IS NATURAL PERSON(s): EXECUTED BY BORROWER. •may c £iecel,ticn ';..�..4/ 41.4`5 E11a Stephens. Recorder WARRANTY DEED VJ,"494 r,JE 5O8 HARLEY A. MOORE and CAROL. MOORE, husband and wife; and JACK JAY BEDFORD and MARILYN KAY BEDFO'2D. formerly known as MARILYN RAY R(X:ERS, husband and wife whose street address is 5336 State Hwy 82 Basalt , County of Eagle Colorado City (or Town) State of , for the consideration of Cine hundred Dollars other good and valuable consideration, in '.-.and paid, hereby seli[,1 and convey[x] to of enc MARILYN KAY BEDFORD whose street address is 3523 Hwy 119 , City (or Towel of ' Longmont , County of Boulder . State of Colorado , the following described real property in the County of Garfield, and State of Colorado, to -wit: All that real property situate fn the SWII.VWIt of Section 26, and SEttNEt of Section 27. Tp. 6 S., R. 94 W. of the 6th P.M., described on the attached Schedule A; an easement and right of way described on the nttached Schedule. B; and one-half of all ditch and ditch rights, water and water rights which are appurtenant to the entire SW7 NWS, Sec. 26, and SE414E1, Sec. 27. Tp. 6 S., R. 94 W., 6th P.M.. including, but not limited to, 0.3 of one cubic fnot per second allowed to flow in the Goodenough Ditch. under Priority No. 92; 0.42 of one cubic foot of water per second of time allowed to flow in the Fraver Ditch under Priority No. 941 all of the Interest of Emma Mend in said ditches; the Mead Pump, located in the SEtNEit, Sec. 27. Tp. 6 S.. R. 94 W., 6th P.M., as described in document no. 255400, Bnok 435. page 548; the Mend Well No. 1, located in the SWNWk, Sec. 26. Tp. 6 S.. R. 94 W.. 6th P.M., and whatever interest the parties may have by virtue of document No. 44580, Book 660 page 572 'n Priority 18 Wntur, from Wntur District Nn, 45. The above enumerntinn of water rightn aro threw which were appurtenant to the entire property. and it iH the intention by this deed to convey one-half of these water rightN to the grantee, (Crantee'N street address: 3523 Hwy 119, Longmont, Colorado ) with all its appurtenances and warrant[xsj the title to the same, subject to 1977 piopercy taxer and assessments, easements. rights of way, res- trictive covenants of record, reservations contained within the United States patent to the subject property Signed this /P_ day of (1)2E____ ley Moore, husband Carol Moore, wife I'• 's .TATE OF COLORADO ) COUNTY OF C,ARFIELD)ss. The foregoing Marrh Marrh , 19 77. ack Jdfordh6lsband . /I....LC ei/ aL• •.i 1. y/CetliL'C� Marilyn KaBedford if/k/a farilyn Kay Rogers.; ife instrument was acknowledged before me this/7—day of , 19 77 , by Harley A. Moore and Carol Moore, husband 77 wife; Jack Jay Redford and Marilyn Kay Bedford, f/k/a Marilyn Kiv Rtyers, husband and wife. 17".", • • rAI CZL 1 A parcel of land located in the SW'4,\W' of See. 26, Tp. 6 S., R. 94 W., oth P.M., more particularly descrl.,ed as follows: Beginninb, at the SE corner of SWkNIOt of Sec. 26, Tp. 6 S., R. 94 W., 6th ?.M.; thence S. 88°57'47" W.855.00' along the subdivision .lint to the centerline of the county road; thence leaving the subdivision line N. 33°36'58" E. 20.11' along the centerline; thence following a 6°58'02" curve to the right 399.51', whose long chord is N. 370 06'02" E. 899.26'; thence X. 40°35' E. 602.60'; thence following a 9°52' curve to the right 2309.40', whose long chord is N. 45°31' E. 239.12'; thence N. 50o27' E. 34.93' to the subdivision line; thence leaving the centerline S. 0°47'24" E. 967.25' along the subdivision line to the point of beginning. PARCEL 2 A parcel of land located in the SE'NEk of Sec. 27, Tp. 6 S., R. 94 W., 6th P.M. and in the SWZN'Wk of Sec. 26, Tp. 6 S., R. 94 W., 6th P.M., more particularly described as follows: Beginning at the SW corner of the SEkNE1/4 of Sec. 27, Tp. 6 S., R. 94 W., 6th P.M.; thence S. 89°45'31" E. .324.9' to the Ek corner of said Sec. 27; thence following the subdivision line N. 88°57'47" E. 469.89' to the centerline of a county road; thence leaving the subdivision line N. 33°36'58" E. 20.11' along the centerline; thence following a 61 58'02" curve to the right 399.51' whose long chord is N. 37°06'02" E. 399.26'; thence N. 40°35' E. 98.93'; thence leaving the centerline of the county road N. P9 4'40" W. 1016.00' to the West line of said Sac.. 26; thence N. 89 44'40" W. 110:.14' to the West subd.vision line or SE4NE+4 of Bald Sec. 27; tacnce along the suouivision line a. A 04'59" E. 651.5' to the point of beginning. COLNTl OF GARF'IELD STATE OF C0L0uAD0 SC;....,.,.... An easumunt over and aerosr th7se port.oas :7f .ac. N.J,.Nw;. of Section 27, and the SW'4,X1 of Section 26, :'a. 6 S., R. 944 W.. 6tn P.M., which are not des. rift. in Parcels 1 or 2 above. for the construction, operation, ::.aintertince and re :f.r of the irrigation ditches aad pipellaes as are now const:.acted and in place which supply irrigation water to :arce:u 1 and 7 , •r,ve. Prav:dcd, h�wev;• zr _air e:... n.•nt is granted to Marilyn Kay Bedford, her successors. and assigns. o.. Lae ex,'.rerr understanding that Marilyn Kay seciord. :ter succ.bs.,:s or assigns, will pay on an menusl basis. one-half of the cost as ,,)tracing, maint..ia.ng an.. repairl. , any met...i.'...:al pd -ling 1P,.aratus used for the 1.enefit of :arcels 1 anti 2 above rind ..it prodcrty over and acre..:. .c:. _ is easement is co;.v.y.d. The cost of maintaining d ....es .,v.. and across this e..sement' shsll be oorne by Marilyn .Cay Bed:orc, her successors .,r assigns. “o :NTY OF GARFIELD STATE OF COLORADO Fv • • O• 2 7VA _ Zile Stephens. Recorder WARRANTY DEED ..w�494 Fk-.E. 10 ., " !) '?77 r�•� .. MARILYN KAY BEDFORD, formerly known as MARILYN KAY ROGERS, and JACK JAY BEDFORD, her husband whose street address is 3523 Highway 119 , City (or Town) of Longmont , County of Boulder , State of Colorado , for the consideration of One Hundred Dollars and other good and valuable consideration, in hand paid, hereby sell[a] and convey[ad to GERALD G. BRUN and ELAINEI. BRUN, as joint tenants whose street address is 5698 S.H.325 , City (or Town) of Rifle , County of Garfield Colorado Mate of the following described real property in the County of Garfield, and State of Colorado, to -wit: Those portions of the SIOLNWtt of Section 26, and of the SE: NE1, of Section 27, Tp. 6 S., R. 94 W. of the 6th P.M., described on the attached Schedule A. (Street address of grantees': 5698 S.H. 325 Rifle, Colorado NOTE: Jack Jay Bedford has no record interest in this property, but joins in this convr.yance to express his assent. to this transfer. Together with all ditch and ditch rights, water and water rights appurtenant.`? to or used in connection with the Above described property, apecifirally Including nn enssment over the remaining portions of the SWtNWI of Section 21, and of the SE4NE4 of Section 27, Tp. 6 S., R. 4 W. of the 6th P.M., more fully described in A deed rerordwd " �� - _, 1977, Book yy'y, page /7,01:__, Garfield County records. with a]1 its appurtenances and warrantfiJ the title to the care, subject to 19 77 property taxes and assessments, easements, rights of wey, res- trictive covenants of record, reservations contained within the United States patent to the subject property, including an undivided Li interest of all oil, gas and other minerals as reserved in warranty deed recorded Book 251, page 433, and the current location of the County Road and an existing fenceline as disclosed by survey prepared by Clint Sherrill fir Associates, dated October 27, 1976. Signed this/11'A day of March , 1977. //�k J !/Beetord, sband STATE OF COLORADO ) COUNTY OF GARFIELD)ss' ��+ Mar .jf�u. Mar Iynyn y Bedf d, f c,�a 1 7i t'cC�.' • •�1ocy L 1�.- Marilyn ogersJ wife l The foregoing instrument was acknowledged before me this //- da of Mara' , 19 77 , by Marilyn Kay Bedford, f/k/a MacTT'n Kay kogers, wile, and Jack Jay Bedfcrd, husband. . . . , •` WITNESS MY HAND AND OFFICIAL SEAL. oelr 7 Notary Public My commission expires, MJ 6o wl&iiwp exp1fes January 8, 1978 SCHEDULE A PARCEL 1 A parcel of land located in the SW''NW' of Sec. 26, Tp. 6 S., R. 94 W., 6th P.M., more particularly described as follows: Beginning at the SE corner of SWtNW't of Sec. 26, Tp. 6 S., R. 94 W., 6th P.M.; thence S. 88°57'47" W.855.00' along the subdivision line to the centerline of the county road; thence leaving the subdivision line N. 33°36'58" E. 20.11' along the centerline; thence following a6°58'02" curve to the right 399.51', whose long chord is N. 37° 06'02" E. 399.26'; thence N. 40°35' E. 602.60'; thence following a 9°52' curve to the Fight 239.40', whose long chord is N. 45°31' E. 239.12'; thence N. 50°27' E. 34.93' to the subdivision line; thence leaving the centerline S. 0o47'24" E. 967.25' along the subdivision line to the point of beginning. PARCEL 2 A parcel of land lccated in the SE',,NC', of Sec. 27. Tp. 6 S., R. 94 W., 6th P.M. Ind in the 8W'4,NW't of Sec. 26. Tp. 6 S., R. 94 W., 6th P.M., more particularly described as follows: Beginning nt the SW corner of the SI'.'„tii:'6 of Sec. 27. Tp. 6 S., R. 94 W., Gth P.M.; thence S. 89 45'31" E. 1324.9' to the Id's cornus of snid Sec. 27; thence fol.icwing the subdivialon lino N. 88 57'47" E. 469.89' to the renterline of .a county road; thence lenvini, the subdivision line . 33°36'58" E. 20.11' along the centerline; thence following a 6'58'02" curve to the right 399.51' whose long chord is N. 37°06'02" E. 399.26'; theme N. 40'35' E. 98.93'; thence leaving the centerline of the county road N. 89 4'40" W. 1018.00' to the West line of said Sec. 216; thence N. 89'44'40" W. 1301.14' to the West subdivision line of SE'OE1/4 of said Sec. 27; thence along the subdivision line S. 1°04'59" E. 651.5' to LL.—: point of beginning. COUNTY OF CARI'1I?LD STATE 01? COLORADO • • Donald and Kathlyn Germano 5807 County Road 320 Rifle Colorado 81650 (970) 625-4487 The Board of County Commissioners of Garfield County Garfield County, Colorado March 4, 1999 To the Board: We are the owners of a 40 acre, single parcel of land at 5641 County Road 320 in the county of Garfield that is separated by County Road 320. We do hear by, respectfully request that the Board of County Commissioners of Garfield County grant a request for the creation of a 10 acre parcel bordering this public roadway. Please attend to this matter expediently as we are delaying the conduction of business pending the Boards action in this matter. -Kindest Regards, n d Donald and Kathlyn Geramno Form N ?o. GWS -25 APPLICANT OFFICE OF le STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 • LIC WELL PERMIT NUMBER 049891. - - DIV. 5 CNTY. 23 WD 45 DES. BASIN MD Lot: Block: Filing: Subdiv: DONALD & KATHLYN GERMANO 5807 CR 320 RIFLE CO 81650- (970) 625-4727 PERMIT TO CONSTRUCT A WELL APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 Twp 6 S NW 1/4 RANGE 94 W Section 26 6th P.M. DISTANCES FROM SECTION LINES 3120 Ft. from South 1300 Ft. from West Section Line Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #980213DKG(a). The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling, the irrigation of not more than 6,000 square feet (0.14 of an acre) of home gardens and lawns, and the watering of domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is to be located on a 39.6 acre tract at 5641 Garfield County Road 320, Rifle, Colorado. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The annual of amount of ground water to be appropriated shall not exceed one (1) acre-foot (325,850 gallons). 7) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 8) The well shall be constructed not more than 200 feet from the location specified on this permit. 9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. APPROVED TLC . 4fm., Receipt No. 0428181B DATE DATE ISSUED MA`s 1 d 199$ EXPIRATION DATE MAY 19 1999 Form No. GWS -25 APPLICANT OFFICE OF • STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 • EXST WELL PERMIT NUMBER 209725 DIV. 5 CNTY. 23 WD 45 DES. BASIN MD Lot: Block: Filing: Subdiv: DONALD & KATHLYN GERMANO 5807 CR 320 RIFLE CO 81650- (970) 625-4727 PERMIT TO USE AN EXISTING WELL APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 NW 1/4 Section 26 Twp 6 S RANGE 94 W 6th P.M. DISTANCES FROM SECTION LINES 2340 Ft. from North Section Line 623 Ft. from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDf1lONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only (exempt) well on a tract of land of 39.6 acres being portions of the S 1/2, NE 1/4, Sec. 27, and S' , NW 1/4, Sec. 26, all in Twp. 6 S., Rng. 94 W., 6TH P.M., as described in attached exhibit A. The physical address of this property is 5641 Garfield County Road 320, Rifle, Colorado. 4) Approved for the expansion of use of an existing well constructed in April, 1964, to a depth of 75 feet, under permit 19365. The issuance of this permit cancels permit 19365. (NOTE: Historic use as granted under W-1285 for Mead Well No. 1, is now being extended to new use pursuant to CRS 37-92-602(3)(b)(II)(A).) 5) The use of ground water from this well is limited to fire protection, ordinary household purposes inside up to 3 single family dwellings, the irrigation of not more than one (1) acre of home gardens and lawns and the watering of domestic animals. 6) The maximum pumping rate shall not exceed 15 GPM. 7) The return flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 8) This well shall be located not more than 200 feet from the location specified on this permit OWNER'S COPY APPROVED TLC Receipt No. 0428181A St to Engineer MAY 2 0 1998 By DATE ISSUED EXPIRATION DATE HAY 2 0 2000 • • WEST DIVIDE WATER CONSERVANCY DISTRICT 125 WEST FOURTH STREET, #206 P. O. BOX 1478 RIFLE, COLORADO 81650-1478 TELEPHONE AND FAX (970) 625-5461 Officers Board of Directors President 876-2821 Kelly Couey Kelly Couey 4745 C. R. 315 4745 C.R. 315 Silt, CO 81652 Silt, CO 81652 Vice President Samuel B. Potter 0598 C.R. 323 Rifle, CO 81650 Treasurer/Alternate Sec. LaVerne Starbuck 3106 C. R. 342 Silt, CO 81652 Secretary William M. Zilm 0090 Sunlight Dr. Glenwood Springs, CO 81601 March 4, 1998 Donald and Kathlyn Germano 5807 County Road 320 Rifle, CO 81650 Dear Mr. and Mrs. Germano: William M. Zilm 0090 Sunlight Dr. Glenwood Springs, CO 81601 LaVerne Starbuck 3106 C.R. 342 Silt, CO 81652 Larry S. Axthelm 1002 Cooper Ave. Glenwood Springs, CO 81601 Samuel B. Potter 0598 C.R. 323 Rifle, CO 81650 Enclosed is your approved contract #980213DKG(a). Please read the contract carefully if you have not already done so, but please especially note paragraph 2 concerning availability of water. West Divide obtains its storage water from Ruedi Reservoir and Green Mountain Reservoir. Current federal policy has made it increasingly difficult to predict availability of water to West Divide. While we cannot guarantee that we can make any water available to you under this contract, we will continue to do everything possible to assure availability of the federal water while we develop alternative supplies. 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. You will be provided with a special form for this purpose upon notification that your well has been drilled. • • Germano March 4, 1998 Page 2 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 Administrative Assistant Enclosure cc The State Division of Water Resources w/enclosure Division No. 5 Water Resources w/enclosure The Colorado River Water Conservation District w/enclosure Edward J. Currier, P.E. w/enclosure Current 1/29/98 • • Contract No. 980213DKG (a ) Map ID No. 276 Date Activated 2/26/98 APPLICATION AND DATA FORM TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT A. APPLICANT Name ltf'' -4e Mailing Address n�l� c, _ . '420 1� V /6.6D `7 ttiC' Ci Telephone Number Q 70 / 0 7 - 1(121 Authorized Agent or Representative B. WATER RIGHT OWNED BY APPLICANT qR BEING APPLIED FOR Name of Right E', i9 t/D W L Type of Structure or Right a1j/j Location of Point of Diversion (description from decree or permit) (95-F1-, -Ptonn _510 // K//C)'/y , 4 5.'g fib v 4(o Water Court Case No. Well Permit No. (Attach copy of permit) C. INTENDED USE OF LEASED WATER Location of Area of Use (Include metes and bounds legal description of property on which water right is to be used. May be attached as Exhibit) /E A.e,2 ixhi b, Total acreage of above -referenced parcel Address of above -referenced property Description of Use Pt 117 e /WO)/ f 9L ,e dit, A_Zvi Total Number of Dwelling Units / Number of Constructed Units in Number of Vacant Lots Potable Water System /.1(2c'-// Waste -Water Treatment System JiPa-e 6 421ciddE Type of Meter or Measuring Device -0129-// iiuy -{P/o u , le,2. ul� ac�pe�. Projected Monthly Volume of Leased Water Needed in Gallons: THESE FIGURES ARE ACTUAL DIVERSIONS OR (Actual diversions must be used unless contractee has an augmentation plan) Jan. Feb. Mar. June. July Aug. Nov. Dec. CAI..._ Total Gallons Acre Feet Maximum Instantaneous Demand gpm CONSUMPTIVE USE ONLY Apr. May Sept. Oct. D. OTHERREMARKS Date Applicant EXHIBIT A The land referred to in this policy is situated in the State of Colorado, County of GARFIELD , and is described as follows: e po ions of the SW}INW)'. of Section 26, Tp. P.M., more fully described as follows: Beginning at the SE corner of SW).NWY. of the 61' P.M.; thence S. 88057'47" W. 855.00 centerline of the county road; thence leaving the subdivision line N. 33036158" E. center line; thence following a 6°58'02" curve chord is N. 37°06102" E. 399.26'; thence N. 40°35' E. 602.60'; thence following a 9°52' curve chord is N. 45°31' E. 239.12'; subdivision line; thence leaving the centerline S. 0°47'24" E. subdivision line to the point of beginning. of Sec 26, 6 S., R. 94 W., 6t1) Tp. 6 S., R. 94 W., along the subdivision line to the 20.11' along the to the right 399.51', whose long to the right 239.40' whose long thence N. 50°27' E. 34.93' to the 967.25' along the I 1 I I I t ,/a'/V'..... I 1 I t I ti 0' • • ( •o !i f t CURRENT 1/1/98 Name of Applicant: Contract # 980213DKG (a ) Map ID # 276 Date Activated 2/26/98 WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT/LEASE /'Id 51- 147-141-f A / Quantity of Water in Acre 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, §37-45-101, et seq. (hereinafter referred to as the "District") for an allotment contract/lease to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this contract/lease and the attached application, Applicant hereby agrees to the following terms and conditions: 1. Water Rights: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water, which will be supplemented and augmented by water leased herein. If Applicant intends to divert through a well, it must be understood by Applicant that no right to divert exists until a valid well 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 Applicant's point of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in acre feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow, storage or otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terms and conditions of this contract/lease. The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein provided, Applicant may so notify the District in writing, and the amount of water allotted under this contract/lease shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and Location of Beneficial Use: Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses: municipal, domestic and related uses, or commercial (except to the extent that Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract No. 2-07- 70-W0547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's control. 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir and Green Mountain Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of diversion for 1 • • said other sources, and release or delivery of water at such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir or Green Mountain Reservoir shall be subject to the District's lease contracts with the United States Bureau of Reclamation. Releases from other facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (October 1), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado Division of Water Resources to estimate any conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case. 5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant. The District reserves the right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated herein, and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted under this contract/lease. In the event the Applicant intends to apply for an 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 18 below. In any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof. 6. Contract/lease Payment: Non-refundable, one time administrative charge, in the amount determined by the Board of Directors of the District from time to time, shall be submitted with the application for consideration by the District. Annual payment for the water service described herein 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 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. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. If an annual payment is not made by the due date a flat $50 late fee will be assessed. Final written notice prior to cancellation will be sent certified mail, return receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set forth in this contract/lease or application. Water use for any part of a water year shall 2 • • require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. If payment is not made within fifteen (15) days after the date of said written notice, Applicant shall at District's sole option have no further right, title or interest under this contract/lease without further notice, and delivery may be immediately curtailed. The allotment of water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District. Upon cancellation of this water allotment contract/lease with the District, the District shall notify the Division of Water Resources offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of all water use. 7. Additional Fees and Costs: Applicant agrees to defray any expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8. Assignment: This contract/lease shall inure to the benefit of the heirs, successors or assigns of the parties hereto. Any assignment of the Applicant's rights under this contract/lease shall be subject to. and must comply with, such requirements as the District may hereafter adopt regarding assignment of contract/lease rights and the assumption of contract/lease obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment contracts/leases. No assignment shall be recognized by the District except upon completion and filing of proper forms for change of ownership. Upon the sale of the real property to which this contract/lease pertains, Applicant has a duty to make buyer aware of this contract/lease and proper forms for change of ownership must be completed. 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado: by the rules and regulations of the Board 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 consideration for extension of District delivery services and for additional administration, operation, and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant. 11. Change of Use: The District reserves the exclusive right to review, reapprove or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this contract/lease. 12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described in the documents submitted to the District at the time this contract/lease is executed, or in any operation and maintenance agreement provided by Applicant. Any use other than as set 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. 3 • 13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal fee title interest in or to any water or water rights referred to herein. 14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict actual diversions to not exceed the Contract/Lease amount, which provides water (on the formula of one acre foot per dwelling) for ordinary household purposes inside one single family dwelling, the watering of domestic livestock, fire protection, and the irrigation of up to 6.000 square feet of lawn and garden. Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Watering 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 at a horse boarding facility, provided that in no event shall actual diversions exceed the amount of water provided by this Contract/Lease. Violation of this paragraph 15 shall be deemed to be a material breach of this Contract/Lease. 16. Well Permit: If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well permit before District is obligated to deliver any water hereunder. 17. Measuring Device or Meter: Applicant agrees to provide at its own expense an adequate measuring device or meter to continuously and accurately measure at all times all water diverted pursuant to the terms of Applicant's water right and the terms of this contract/lease. Applicant agrees to provide accurate readings from such device or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result in legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. 18. Representations: By executing this contract/lease, Applicant agrees that it is not relying on any legal or engineering advice that Applicant may believe has been received from the District. Applicant further acknowledges that it has obtained all necessary legal and engineering advice from Applicant's own sources other than the District. Applicant further acknowledges that the District makes no guarantees, warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this contract/lease. 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/lease herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceedings. 20. Binding Agreement: This agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application and Data Form to Lease Water From West Divide Water Conservancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. 4 21. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT/LEASE. IT IS THE CONTINUING 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. Applic Applicant .ddress: 5f5°7 / ,7q( STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged_before me on this t.3 day of 0,A \-11 G er Yr..a m. a v- h�Vf iDAk GerM0.R0 Witness my hand and official seal. 0110101N.. " on expires: 3 --D I-- q41 Q�^.L C424 By ORDER Jr ring by the Board of Directors of the West Divide Water Conservancy District on the application, Notary Public III by it is hereby ORDERED that said application be granted and this contract/lease shall be and is accepted by the District. WEST DIVIDE WATEVANCY DISTRICT ATTEST: Secretary By Of, President Date This contract/lease includes and is subject to the terms and conditions of the following documents which must accompany this contract/lease: 1. Map showing location of point of diversion (use map provided) 2. Application and Data Form fully completed and signed 0 3. 5 • RIFLE FIRE PROTECTION DISTRICT September 10, 1997 Don and Kathy Germano 5$07 County Road 320 Rifle, Colorado 81650 Reference: 5641 County Road 320 Mr. And Mrs. Germano, The Rifle Fire Protection District has recently reviewed the proposed subdivision of property at 5b41 Count Road 320. It is the District's unerstandin that tcd he pro osal is to take 40 acres of property and divide it into 4 - 10 acre parcels for fuure construction of a single family dwelling on each parcel. It is also the District's understanding that the proposed parcel of property on the South side of County Road 320 has an existing natural spring, that there is an existing well for thero erties, and that the North boundary is along the Corrado River. The proposed properties are within the Boundaries of the Rifle Fire Protection District and Fire Prote4Lion and EmergencyMedical Services are provided to this area by the Disrict. In order to assist the District in providing these services, the District makes the -following-recommendations; mendations; 1. Defensible space: Ve etation is to be removed from near any structures on the propert in order to provide a safe zone for the structures in the event of a wild land fire. 2. Construction materials: The District recommends the use of a classified roof covering and non-combustible siding materials to minimize threats from a wild land fire. It is our understanding that yyou are considering a log structure, this may be.accomplished by enlarging the defensible space around the structure but the District disconra es the use of any combustible roof covering material . 3. Road Construction: When access roadways are constructed into the property, consideration is to be given to the weights of emergency response apparatus and accessibility during adverse weather conditions. 4. Posting of address: The addresses to the property are to be posted where the driveway accesses the County Road. If multiple addresses are served by a single driveway, the address of each residence are to be ost-ed in a location where it is readily identifiable Tor emergency responders. Letters are to be a minimum of 4 inches in height, 1/2 inch in width and contrasting with background colors. 5. Water supply: In our discussions, several water supplies have been identified in the,area. In order to receive acceptance as a Fire Protection water supply, a minimum of 3D,000allons are needed. It is in the best interest of currenE and future residences of the area Telephone (970) 625-1243 • Fax (970) 625-2963 1850 Railroad Avenue • P.O. Box 1133 • Rifle, Colorado 81650 • • to work together in establishing an accepted water supply. The District would be willing to assist you in establishing a method to develop an approved water supply system for the area. As the time comes closer for construction of structures on the pro erly, please contact the District so we may set down and discuss these issues in greater detail. Tharnkou for your cooperation and feel free to contact me if I can be of further assistance. Sincerely, Mike Morgan District Chief The printed portions of this form have been approved by the Colorado Real Estate Commission. (TD 72-7-96) IF THIS FORM IS USED IN A CONSUMER CREDIT TRANSACTION, CONSULT LEGAL COUNSEL. THIS ISA LEGAL INSTRUMENT. IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. DEED OF TRUST (Due on Transfer — Strict) t THIS DEED OF TRUST is made this 2 7th day of Ma r ch , 1 99 7 , between DONALD R. GERMANO AND KATHLYN A. GERMANO (Borrower), whose address is 5807 County Road 320, Rifle, Colnradn 81650 and the Public Trustee of the County in which the Property (see paragraph 1) is situated (Trustee); for the benefit of GERALD G . BRUN AND ELAINE I. BRUN (Lender), whose address is 5698 State Highway 325, Rifle, Colorado 81650 Borrower and Lender covenant and agree as follows: 1. Property in Trust. Borrower, in consideration of the indebtedness herein recited and the trust herein created, hereby grants and conveys to Trustee in trust, with power of sale, the following described property located in the County of Garfield , State of Colorado: That real property described on Exhibit "A" attached hereto and incorporated herein by this reference. Together with Mead Well No. 1, adjudicated in Water Division 5, Cas No. W-1285 under Permit No. 19365; 0.21 C.F.S. of Water from the Be Ditch; 0.15 C.F.S. of water from the Goodenough Ditch and one-half interest in the Emma Mead pump and Pipeline (1.0 C.F.S.); title to which water rights is not included in the warranties hereunder. Together with grantors' interest in an easement more fullydescribe in deed recorded in Book 494 at Page 508 of the Garfield ounty Records which has the address of 5641 County Road 120, (Street) Rifle , Colorado 8 1 6 5 0 (Property Address), together (City) (Zip Code) with all its appurtenances (Property). 2. Note; Other Obligations Secured. This Deed of Trust is given to secure to Lender: A. the repayment of the indebtedness evidenced by Borrower's note (Note) dated Ma r ch 27 , 1997 , in the principal sum of One Hundred Eighty-five Thousand and 00/100 U.S. Dollars, with interest on the unpaid principal balance from March 27 , 1 997 , until paid, at the rate of eight ( 8 ) percent per annum, with principal and interest payable at 5698 State Highway 325, Rifle, Colorado 81650, or such other place as the Lender may designate, in monthly payments of One Thousand Five Hundred Thirty-seven and 17/100 -Dollars (U S $ 1,537_17) due on the 27th day of each month beginning Apr i 1 27, 1 9 9 7 ; such payments to continue until the entire indebtedness evidenced by said Note is fully paid; however, if not sooner paid, the entire principal amount outstanding and accrued interest thereon, shall be due and payable on Apr i 1 27 , 2002 and Borrower is to pay to Lender a late charge of Ten( 10 ) % of any payment not received by the Lender within Ten (1 0 days after payment is due; and Borrower has the right to prepay the principal amount outstanding under said Note, in whole or in part, at any time without penalty jtixXeXt}{ B. the payment of all other sums, with interest thereon at eight (8)% per annum, disbursed by Lender in accordance with this Deed of Trust to protect the security of this Deed of Trust; and C. the performance of the covenants and agreements of Borrower herein contained. 3. Title. Borrower covenants that Borrower owns and has the right to grant and convey the Property, and warrants title to the same, subject to general real estate taxes for the current year, easements of record or in existence, and recorded declarations, restric- tions, reservations and covenants, if any, as of this date and except subject to the 1997 general property taxes, patent reservations, prior mineral reservations and leases, restrictions, easements and rights of way of record. 4. Payment of Principal and Interest. Borrower shall promptly pay when due the principal of and interest on the indebtedness evidenced by the Note, and late charges as provided in the Note and shall perform all of Borrower's other covenants contained in the Note. 5. Application of Payments. All payments received by Lender under the terms hereof shall be applied by Lender first in payment of • : ;: .. , . : amounts disbursed by Lender pursuant to paragraph 9 (Protection of Lender's Security), and the balance in accordance with the terms and conditions of the Note. No. TD72-7-96. 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Notice. Except for any notice required by law to be given in another manner, (a) any notice to Borrower provided for in this Deed of Trust shall be in writing and shall be given and be effective upon (1) delivery to Borrower or (2) mailing such notice by first- class U.S. mail, addressed to Borrower at Borrower's address stated herein or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be in writing and shall be given and be effective upon (1) delivery to Lender or (2) mailing such notice by first-class U.S. mail, to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in any manner designated herein. 17. Governing Law; Severability. The Note and this Deed of Trust shall be governed by the law of Colorado. In the event that any provision or clause of this Deed of Trust or the Note conflicts with the law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end the provisions of the Deed of Trust and Note are declared to be severable. 18. Acceleration; Foreclosure; Other Remedies. Except as provided in paragraph 24 (Transfer of the Property; Assumption), upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust, or upon any default in a prior lien upon the Property, (unless Borrower has exercised Borrower's rights under paragraph 6 above), at Lender's option, all of the sums secured by this Deed of Trust shall be immediately due and payable (Acceleration). To exercise this option, Lender may invoke the power of sale and any other remedies permitted by law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Deed of Trust. including, but not limited to, reasonable attorney's fees. If Lender invokes the power of sale, Lender shall give written notice to Trustee of such election. Trustee shall give such notice to Borrower of Borrower's rights as is provided by law. Trustee shall record a copy of such notice as required by law. Trustee shall advertise the time and place of the sale of the Property, for not less than four weeks in a newspaper of general circulation in each county in which the Property is situated, and shall mail copies of such notice of sale to Borrower and other persons as prescribed by law. After the lapse of such time as may be required by law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder for cash at the time and place (which may be on the Property or any part thereof as permitted by law) in one or more parcels as Trustee may think best and in such order as Trustee may determine. Lender or Lender's designee may purchase the Property at any sale. It shall not be obligatory upon the purchaser at any such sale to see to the application of the purchase money. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's and attorney's fees and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto. 19. Borrower's Right to Cure Default. Whenever foreclosure is commenced for nonpayment of any sums due hereunder, the owners of the Property or parties liable hereon shall be entitled to cure said defaults by paying all delinquent principal and interest payments due as of the date of cure, costs, expenses, late charges, attorney's fees and other fees all in the manner provided by law. Upon such payment, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as though no Acceleration had occurred, and the foreclosure proceedings shall be discontinued. 20. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property; however, Borrower shall, prior to Acceleration under paragraph 18 (Acceleration; Fore- closure; Other Remedies) or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Lender or the holder of the Trustee's certificate of purchase shall be entitled to a receiver for the Property after Acceleration under paragraph 18 (Acceleration; Foreclosure; Other Remedies), and shall also be so entitled during the time covered by foreclosure pro- ceedings and the period of redemption, if any; and shall be entitled thereto as a matter of right without regard to the solvency or insolvency of Borrower or of the then owner of the Property, and without regard to the value thereof. Such receiver may be appointed by any Court of competent jurisdiction upon ex parte application and without notice — notice being hereby expressly waived. Upon Acceleration under paragraph 18 (Acceleration; Foreclosure; Other Remedies) or abandonment of the Property, Lender, in person, by agent or by judicially -appointed receiver, shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied, first, to payment of the costs of preservation and management of the Property, second, to payments due upon prior liens, and then to the sums secured by this Deed of Trust. Lender and the receiver shall be liable to account only for those rents actually received. 21. Release. Upon payment of all sums secured by this Deed of Trust, Lender shall cause Trustee to release this Deed of Trust and shall produce for Trustee the Note. Borrower shall pay all costs of recordation and shall pay the statutory Trustee's fees. If Lender shall not produce the Note as aforesaid, then Lender, upon notice in accordance with paragraph 16 (Notice) from Borrower to Lender, shall obtain, at Lender's expense, and file any lost instrument bond required by Trustee or pay the cost thereof to effect the release of this Deed of Trust. 22. Waiver of Exemptions. Borrower hereby waives all right of homestead and any other exemption in the Property under state or federal law presently existing or hereafter enacted. to a prior encumbrance. Subject to applicable law, Borrower shall pay to Lender, on each day installments of principal and in - are payable under the Note, until the Note is paid in full, a sum (herein referred to as "Funds") equal to of the yearly taxes and assessments which may attain priority over this Deed of Trust, plus of yearly premium installments for Property Insurance, all as reasonably estimated initially and from time to time by Le • on the basis of assessments and bills and reasonable estimates thereof, taking into account any excess Funds not used or sho ::es. The principal of the Funds shall be held in a separate account by the Lender in trust for . - •enefit of the Borrower and deposited in an institution the deposits or accounts of which are insured or guaranteed by a Feder. . state agency. Lender shall apply the Funds to pay said taxes, assessments and insurance premiums. Lender may not charge so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills. Lender shot be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an ann . . ccounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made e Funds are pledged as additional security for the sums secured by this Deed of Trust. If the amount of the Funds held by Lender shot be sufficient to pay taxes, assessments and insurance premiums as they fall due, Borrower shall pay to Lender any amo - ecessary to make up the deficiency within 30 days from the date notice is given in accordance with paragraph 16 (No •y Lender to Borrower requesting payment thereof. Provided however, if the loan secured by this Deed of Trust is subjec ' ESPA or other laws regulating Escrow Accounts, such deficiency, surplus or any other required adjustment shall be pais redited or adjusted in compliance with such applicable laws. Upon paymen ull of all sums secured by this Deed of Trust, Lender shall simultaneously refund to Borrower any Funds held by Lender. If • . -.r paragraph 18 (Acceleration; Foreclosure; Other Remedies) the Property is sold or the Property is otherwise acquired by r, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, whichever occurs 24. Transfer of the Property; Assumption. The following events shall be referred to herein as a "Transfer": (i) a transfer or conveyance of title (or any portion thereof, legal or equitable) of the Property (or any part thereof or interest therein), (ii) the execution of a contract or agreement creating a right to title (or any portion thereof, legal or equitable) in the Property (or any part thereof or interest therein), (iii) or an agreement granting a possessory right in the Property (or any portion thereof), in excess of three (3) years, (iv) a sale or transfer of, or the execution of a contract or agreement creating a right to acquire or receive, more than fifty percent (50%) of the controlling interest or more than fifty percent (50%) of the beneficial interest in the Borrower, (v) the reorganization, liquidation or dissolution of the Borrower. Not to be included as a Transfer are (i) the creation of a lien or encumbrance subordinate to this Deed of Trust, (ii) the creation of a purchase money security interest for household appliances, or (iii) a transfer by devise, descent or by operation of the law upon the death of a joint tenant. At the election of Lender, in the event of each and every transfer: (a) All sums secured by this Deed of Trust shall become immediately due and payable (Acceleration). (b) If a Transfer occurs and should Lender not exercise Lender's option pursuant to this paragraph 24 to Accelerate, Transferee shall be deemed to have assumed all of the obligations of Borrower under this Deed of Trust including all sums secured hereby whether or not the instrument evidencing such conveyance, contract or grant expressly so provides. This covenant shall run with the Property and remain in full force and effect until said sums are paid in full. The Lender may without notice to the Borrower deal with Transferee in the same manner as with the Borrower with reference to said sums including the payment or credit to Transferee of undisbursed reserve Funds on payment in full of said sums, without in any way altering or discharging the Borrower's liability hereunder for the obligations hereby secured. Continued on reverse side. No. TD72-7-96. 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PARCEL 2: A parcel of land located in the SEY4NEY4 of Sec. 27, Tp. 6 S., R. 94 W., 61 P.M. and in the SW)',NW$ of Sec. 26, Tp. 6 S., R. 94 W., 61 P.M., more particularly described as follows: Beginning at the SW corner of the SE)+Ni:'% of Sec. 27, Tp. 6 S., R. 94 W., 61 PM; thence S. 89°45'31" E. 1324.9' to the B'}4 corner of said Sec. 27; thence following the subdivision line N. 88°57'47" E. 469.89' to the centerline of the county road; thence leaving the subdivision line N. 33°36'58" E. 20.11' along the centerline; thence following a 6°58'02" curve to the right 399.51' whose long chord is N. 37°06'02" E. 399.26'; thence N. 40°35' E. 398.93'; thence leaving the centerline of the county road N. 89°44'40" W. 1018.00' to the West line of said Sec. 26; thence N. 89°44'40" W. 1301.14' to the West subdivision line of SE}4NE}4 of said Sec.27; thence along the subdivision line S. 1°04'59" E. 651.5' to the point of beginning. • 414 sia /0/3 S5( g31 96 Ewa 57‘o 9+c1 g?.S z4 z