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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com RECEIVED MAY 1 5 2009 GARFIELD COUNTY BUILDING & PLANNING MIEA5309 NI MINOR [2 LOT] EXEMPTION ❑ MAJOR [4 LOT] EXEMPTION ❑ FINAL EXEMPTION PLAT AMENDMENT GENERAL INFORMATION (Please print legibly) ➢ Name of Property Owner: A4 T/aftA ;-)L, j, cij ➢ Mailing Address: 1/0�7) (�!�� l X,t/ 30(0 Telephone: (970) -/ ➢ City: PARfic Nc TF State: (LD Zip Code:((- Cell: ( ) ➢ E-mail address: CZ. tan yy6 ,�,rcz" , EA -74, FAX: ( ) ➢ Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc): ➢ ➢ Mailing Address: Telephone: ( ) ➢ City: State: Zip Code: Cell: ( ) ➢ E-mail address: FAX: ( ) • Street Address / General Location of Property: goof)Cown-7 /(ne�A S0 ; ,".,�(I C�.e_i I a\ ➢ Assessor's Parcel Nufnber: (2. 3_ - / - pZ - • Size of Property (in acres) as of January 1, 1973:cv, re} ➢ Current Size of Property to be Subdivided (in acres): lip, cit res ➢ Number of Tracts / Lots Created Including remainder of Parent Property: 45- Proposed 5 Proposed size of Tracts / Lots to be Created Including remainder of Parent Property: o Lot #: / containing C-2 acres o Lot #: Z containing Z,e, acres o Lot #: containing acres o Lot #: containing acres o Lot #: containing�acres [ ➢ Property's Zone District: k_OCI sig �g Rib Last Revised 12/12/08 I. TO QUALIFY FOR A MINOR EXEMPTION Division of land by which no more than two (2) parcels, i.e. one (1) new parcel and the remainder parcel, will be split from any parcel that was described in the records of the Garfield County Clerk and Recorder's Office as of January 1, 1973, regardless of size, as long as the resulting parcels meet the minimum lot size for the underlying zone district. The proposed Minor Exemption shall satisfy the criteria in Section 5-407, General County Exemption Criteria, and shall require recording of a Minor Exemption Plat, describing each Exemption Lot by a metes and bounds legal description and as a numbered or lettered "Exemption Lot". II. TO QUALIFY FOR A MAJOR EXEMPTION Division of land by which no more than four (4) parcels, i.e. the remainder parcel and not more than three (3) new parcels will be split from a parcel of land that was described in the records of the Garfield County Clerk and Recorder's Office as of January 1, 1973 as a parcel of land 35 acres or more in size and not part of a recorded subdivision. In addition to the general exemption criteria, contained in Section 5-407, the proposed Major Exemption shall require recording of a Major Exemption Plat, describing each Exemption Lot by a metes and bounds legal description and as a numbered or lettered "Exemption Lot". For purposes of the definition of Minor and Major Exemptions: 1) All tracts of land thirty five (35) acres or greater in size created after January 1, 1973 pursuant to C.R.S. 30-28-101(10)(b), i.e. divisions of land creating parcels each of which comprises thirty-five (35) acres or more and none of which is intended for use by multiple owners, shall be considered parcels of land created by exemption for purposes of further division in accordance with the exemption review processes outlined in Division 4 and, thus, shall be counted as one of the not more than four (4) Exemption Lots allowed to be split by the Major or Minor Exemption process; unless; 2) If the parcel of land under consideration, or part thereof, is split by a public right- of-way or a County road right-of-way included in the County highway system, and the location of the public or County right-of-way prevents joint use of one or more of the proposed Exemption Lots, then the division of land may include a split into no more than five (5) parcels, i.e. no more than four (4) new parcels and the remainder parcel in a Major Exemption and no more than three (3) parcels, i.e. no more than two (2) new parcels and the remainder parcel, in a Minor Exemption. III. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, an application for a Major Exemption shall specifically provide the following items below pursuant to Article V, Sections 5-406 and 5-501. 1. Submit a completed and signed Application Form, an application fee, and a signed Agreement for Payment form. 2. A narrative addressing criteria in this application and explaining the purpose of the application. 3. Copy of the deed showing ownership. Additionally, submit a letter from the property owner(s) if the owner is being represented by another party other than the owner. If the property is owned by a corporate entity (such as an LLC, LLLP, etc.) Please submit a copy of recorded "Statement of Authority" demonstrating that the person signing the application has the authority to act in that capacity for the entity. 4. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing the subject property and all public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, private and public, and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the County Assessor's Office. You will also need the names (if applicable) of all mineral interest owners of the subject property, identified in the County Clerk and Recorder's records in accordance with §24-65.5-101, et seq. (That information may be found in your title policy under Exceptions to Title). 5. Vicinity map: An 8 '/2 x 11 vicinity map locating the parcel in the County. The vicinity map shall clearly show the boundaries of the subject property and all property within a 3 -mile radius of the subject property. The map shall be at a minimum scale of 1"=2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area for which a copy of U.S.G.S. quadrangle map may be used. 6. A copy of the Pre -Application Conference form from the original Pre - Application Conference. 7. Provide a Minor / Major Exemption Plat that is scaled at 1 inch to 200 feet for properties exceeding 160 acres in size, or 1 inch to 100 feet for properties less than 160 acres in size. The Director may require a more detailed version of all or part of the exemption map or plat. The required details for an Exemption Map or Plat can be found in Section 5-502(C)(7) of the ULUR. 8. All requests for Minor and Major Exemptions shall be required to demonstrate that they can meet the following criteria: a) Adequate Water Supply. The resulting Exemption Lots have a sufficient legal and physical source of water, in compliance with the requirements of this Land Use Code set forth in Section 7-104 of Article VII, Standards. b) Adequate Water Distribution and Wastewater Disposal System. The resulting Exemption Lots have an adequate water distribution system and wastewater disposal system in compliance the requirements of this Land Use Code set forth in Section 7-105 of Article VII, Standards. c) Adequate Access. The resulting Exemption Lots have legal and adequate access in compliance with the requirements of this Land Use Code set forth in Section 7-107 of Article VII, Standards. d) Hazards. The resulting Exemption Lots do not create hazards identified in Section 7-209 and Section 7-210 of Article VII, or exacerbate existing hazards. e) Compliance with Comprehensive Plan and Intergovernmental Agreements. The proposed exemption is consistent with applicable provisions of the Garfield County Comprehensive Plan and any intergovernmental agreements between the County and a municipality that apply to the area where the division of land will occur. f) Exemption Map Requirements. See the specific requirements for Exemption Plats at Section 5-502 B6 and B7. The following general criteria also apply: 1. Suitability of Plat for Recordation. The exemption map or plat is drawn in accordance with the requirements of these Regulations and is suitable for recordation. 2. Adequacy of Supporting Materials. The exemption plat meets all planning, engineering, and surveying requirements of these Regulations for maps, data, surveys, analyses, studies, reports, plans, designs, documents, and other supporting materials. 3. Liens and Encumbrances. The exemption plat does not include a lien, conveyance, or encumbrance to the property dividing a lot or encumbering the public use of public dedications for roadways public utility easements or other purposes. g) Taxes. All taxes applicable to the land have been paid. 9. Submit 3 copies of this completed application and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the application has been deemed technically complete. IV. PROCEDURAL REQUIREMENTS Minor and Major Exemptions are reviewed in an Administrative Process. The following steps outline how the Major Exemption review process works in Garfield County as further defined in Article IV, Section 4-104 of the Unified Land Use Resolution of 2008. 1. Pre -Application Conference. A pre -application conference shall be held in accordance with the provisions of Section 4-103 A, Pre -Application Conference. 2. Application. The application materials required for a land use change subject to Administrative Review are set forth in Section 4-601 A. 3. Determination of Completeness. The Director shall review the application for determination of completeness in accordance with the provisions of Section 4- 103 C, Determination of Completeness. 4. Evaluation by Director/Staff Review. Upon determination of completeness, the Director shall review the application for compliance with the applicable requirements. A staff report shall be prepared pursuant to Section 4-103 E. a) Review by Referral Agencies. The Director's evaluation of the application may include comment by referral agencies received under Section 4-103 D, Review by Referral Agency. b) Notice to Adjacent Property Owners. The applicant shall mail a written notice by certified mail, return receipt requested, to the owners of record of all property adjacent to the property within a 200' radius and the mineral owners of record in the office of the County Clerk and Recorder.. The notice shall include a vicinity map, the property's legal description, a short narrative describing the current zoning and proposed land use change, and the contact information and the date that the Director has to make a decision and notice of the 10 day period after the Director's decision to appeal the decision and the deadline for comments to be submitted. The comment period for adjacent property owners shall be within twenty-one (21) calendar days from the date of receipt of the notice established by return receipt. 5. Director Decision. Within thirty (30) working days of the date of determination of completeness, or close of the comment period if the application is referred for comment, the Director may approve, approve with conditions or deny the land use change application subject to Administrative Review. The Director's decision shall be based upon compliance of the proposed use with the approval standards set forth in Divisions 1 and 2 of Article VII, Standards. a) Approval of Application. If the application satisfies all of the applicable standards, the application shall be approved. The application may be approved with conditions determined necessary for compliance with applicable standards. Once it has been approved, the applicant shall prepare the necessary legal documents to be placed on the consent agenda for the signature of the Chairman of the Board of County Commissioners and shall be duly recorded by the Clerk and Recorder after signature. b) Denial of Application. If the application fails to satisfy all of the applicable standards, the application shall be denied. 6. Written Notice of Decision. The Director shall inform the applicant and noticed property owners of the approval, conditions of approval or basis for denial in writing within five (5) working days of the date of decision. Notice of the Director's decision shall also be provided to the Board of County Commissioners. V. AMENDMENTS TO APPROVED EXEMPTIONS An amendment may be made to a recorded Final Exemption Plat if such amendment does not increase the number of subdivision lots or result in a major relocation of a road or add one or more new roads (pursuant to Section 5-306). A correction can be made to a recorded Exemption Plat in order to correct an engineering error, mislabeling issue, etc. that does not affect the substance of the plat. A. Outline of Processes. The review processes for amending an Exemption Plat shall consist of the following: 1. Four (4) Lots or Less: The Administrative Review Process, detailed in Section 4- 104 of Article IV, shall be used for review of a request to amend an Exemption Plat for modifying lot lines, building envelopes, easement locations or other interests affecting up to four (4) lots. An Amended Exemption Plat which modifies lot lines or easements affecting not more than two (2) adjacent Exemption Lots or a single building envelope shall be subject to the Administrative Review Process set forth in Section 4-104 of Article IV, with the addition of presentation of the Amended Exemption Plat to the Board of County Commissioners for signature, prior to recording with the Office of the Clerk and Recorder. 2. More Than Four (4) Lots: The Major Exemption Review Process, detailed in Section 5-403, shall be used to amend an Exemption Plat modifying lot lines, building envelopes, easement locations or other interests affecting more than four (4) Exemption Lots. An Amended Final Exemption Plat which modifies lot lines or easements affecting more than four (4) lots or more than one (1) building envelope shall be subject to the Major Exemption Review Process set forth in Section 5-403. 6 B. Application Materials: The Final Exemption Plat Amendment / Corrected Plat review requires the following application materials as more fully described in Article V, Section 5-502: 1. Application Form and Fee 2. Preliminary Plan (5-501(G)) 3. Final Exemption Plat, Amended Final Exemption Plat 4. Subdivision Improvement Agreement, if necessary I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. a' 1S MA 10/ (Sig ature of Property Owne Date 7 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include a Payment Agreement Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES TYPE OF LAND USE ACTION BASE FEE Vacating Public Roads & Rights -of -Way $400 Sketch Plan $325 $675 + application agency review fees and outside Preliminary Plan / Conservation Subdivision consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey Preliminary Pian Amendment $325 Final Plat $200 Final Plat Amendment / Correction Plat $100 Combined Preliminary Pian and Final Plat $1,075 Minor Exemption / Amendment $300 / $300 Major Exemption / Amendment $400 / $300 Rural Land Development Option Exemption / Amendment $400 / $300 General Administrative Permit $250 Floodplain Development Permit $250 Pipeline Development Plan / Amendment $400 / $300 Small Temporary Employee Housing $50 Minor Temporary Employee Housing $250 Limited Impact Review / Amendment $400 / $300 Major Impact Review / Amendment $525 / $400 Rezoning: Text Amendment $300 Rezoning: Zone District Amendment $450 Planned Unit Development (PUD) / Amendment $500 / $300 Comprehensive Plan Amendment $450 Variance $250 Interpretation $250 Planning Staff Hourly Rate ■ Planning Director $50.50 • Senior Planner $1222_ • Planning Technician $33.75 • Secretary $30.00 County Surveyor Review Fee (includes review of Amended Determined by Surveyor$ Plats, Final Plats, Exemption Plats) $11 — 1St page Mylar Recording Fee $10 each additional page Page 2 The following guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. Page 3 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and </ 4�-, �v1/c9 Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for E,v,,,vo-;(L SLhfhv`>it�1>\ (hereinafter, THE PROJECT). 2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. OWNER and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to OWNER. OWNER agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE) Signature / Ll 44/(// ,J(//• )f l71/ o r/ Print Name I (Yl It Y o °1 Date Mailing Address: 11000 C '/'� ,r -t !-/ 7O Page 4 ATTORNEYS DAN KERST dan@dankerstpc.com KELLY CAVE kelly@dankerstpc.com Tom Veljich Garfield County Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 DAN KERST, P.C. A PROFESSIONAL CORPORATION PARALEGAL ATTORNEYS AT LAW 823 BLAKE AVENUE, SUITE 202 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-2447 FACSIMILE: (970) 945-2440 April 28, 2010 Re: Dutton Subdivision Exemption Application File #: 13519 Dear Tom: ELISABETH GETZEN egetzen@dankerstpc.com Via Hand Delivery Our firm represents Nathan Dutton who owns forty (40) acres of property located in Section 12, Township 8 South, Range 96 West of the 6th Principal Meridian (Parcel No. 2447-121-00-045). Mr. Dutton wishes to divide the parcel into two lots approximately twenty (20) acre each and give one parcel to his son, Colin Dutton. Mr. Dutton previously submitted an exemption application on January 6, 2009. It was deemed incomplete by the County. The County questioned whether the applicant was allowed an exemption based upon the history of the property. Our office researched the history of the property and contacted Fred Jarman to discuss whether an exemption application could be submitted for this parcel. Attached is a copy of our explanation letter dated September 29, 2009, discussing the history of the property and the reasons why the applicant is allowed this exemption. Also attached is a copy of the 1955 Deed which included three (3) separate parcels on one deed. This matter was discussed in the County's staff meetings, and Fred Jarman verbally agreed that the applicant has the right to apply for this exemption. In compliance with Garfield County's submittal requirements, the applicant provides the following information for your review: 1. A completed and signed Application form and a signed Agreement for Payment form. The $300 base fee was previously submitted on January 6, 2009. 2. A copy of the Pre -Application Conference form. 3. A preliminary Subdivision Plat prepared by Bookcliff Survey Services, Inc. showing the legal description of the property and the proposed lots. Access is gained from County Road 306. This plat includes a vicinity map. 4. The 1982 deed showing ownership by the applicant. April 28, 2010 Page 2—Tom Veljich, Dutton Subdivision Exemption 6. Assessor's map and list of the names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption. No mineral owners of record were found other than the United States under U.S. Patent dated February 27, 1915 in Book 92 at Page 341 as Reception No. 51286. There was no mailing address for this mineral interest for notice purposes. 7. Criteria for Minor Exemptions: a. Legal and Physical Source of Water. Attached is a copy of Well Permit No. 279469 demonstrating a legal and physical source of water. The permit states that the use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than three (3) single family dwellings, the watering of poultry, domestic animals and livestock on a farm or ranch and the irrigation of not more than one (1) acre of home gardens and lawns. If the exemption is approved, the applicant may apply for an additional well permit or execute a well sharing agreement substantially similar to the draft Well Sharing Agreement attached. The property is located in the Grand Valley Fire Protection District. Attached is a letter from the District's Deputy Fire Chief dated September 16, 2008, stating that adequate water is available in the case of emergency for fire suppression. Upon approval of the exemption, the applicant will have a 24 hour pump test and a water quality test performed prior to recording of the Exemption Plat. b. Adequate Water Distribution and Wastewater Disposal System. Sewage disposal shall be provided from individual sewage disposal systems, one for each lot. One lot already has a septic tank and leach field. If the exemption is approved, the applicant intends to use a similar system on the new parcel. The property will be served by individual residential well(s) and will not connect to a community or municipal water or sewer system. c. Adequate Access. Access to each lot is gained from County Road 306. d. Hazards. The proposed exemption will not create any hazards or exacerbate any existing hazards. e. Compliance with Comprehensive Plan and Intergovernmental Agreements. The proposed exemption is consistent with applicable provisions of the Garfield County Comprehensive Plan and any intergovernmental agreements between the County and a municipality in the area of the property. f. Exemption Map Requirements. The attached exemption map is suitable for recording with the requirements of the County's regulations; meets all planning, engineering and surveying requirements of the County's regulations; and does not include a lien or encumbrance to the property. RS 10A1 110 110 CRORY DOCK April 28, 2010 Page 3—Tom Veljich, Dutton Subdivision Exemption g. All taxes applicable to the land have been paid. Please contact me if you have any questions in regards to the application or need any additional information. xc: Nathan Dutton ,14.1.M.DA,AVJA1DVTIOn.IMPT.N,rtnIAN011APP1.00x 00d COLOADO RIVE, ENGINEERING Ii C0RPOR A"f t:0 January 20, 2011 Mr. Nate Dutton c/o Kelly Cave, Esq. Dan Kerst, P.C. 823 Blake Avenue, Suite 202 Glenwood Springs, CO 81601 RE: Job #836 — Dutton Exemption — Water Supply Dear Nate: As requested, Colorado River Engineering, Inc has completed a water supply review for the existing well which currently serves your residence, We understand that the existing well is also proposed to serve a residence on the pending Dutton Exemption Parcel. The purpose of our review was to conform to the requirements of the Garfield County Land Use Code for Individual Wells (7-104.B) as part of the subdivision exemption process. It is our opinion that the water supply has adequate quality, quantity, and dependability for the proposed uses. In support of our work we are attaching the following documents; • Well Permit #284739 • Existing Well Information Form • Water Quality Laboratory Results Legal Supply The well is permitted as a "35 -acre Exempt Well" with the Colorado Division of Water Resources under current Well Permit No. 284739. The permit limits include a maximum pumping rate of 15 gallons per minute (gpm), use in up to 3 single family dwellings, the watering of poultry, livestock, and domestic animals, fire protection, and the irrigation of up to 1 -acre of lawn and gardens. Well Construction Based on information provided in the Existing Well Information and Inspection Form, The well was completed to a depth of 215 -feet by Mclure Drilling in 1980. The static water level was recently measured to be 157'-9" below the top of the casing. The original well pump was installed by the owner in 1981. The owner has replaced the original well pump with new pumps over the past 30 years. Well Yield Test A well yield test was conducted by Colorado River Engineering from June 3 to June 4, 2010. The well was pumped for 24 -hours and 51 -minutes with monitoring of drawdown, recovery, and the collection of water quality samples. The average water yield rate over the study period was approximately 1.1-gpm which totaled 1,691 -gallons of water pumped during the test. The water level in the well dropped approximately I'-6" during a P.O. Box 1301 • Rifle, CO 81650 • Tel. 970-625-4933 • Fax 970-625-4564 ENGINEERING INCORPORATED typical pump cycle and recovered to the initial static water level of I 57'-9" before each pump cycle began. The well produced substantially more water than would be required for two typical residences, assuming that each residence would require 350 gallons per day, or 700 -gallons per day total for two residences combined. Recovery data showed the well is recharged and will provide a dependable supply. The test shows that the well has significantly more available yield and has characteristics of an alluvial well. No impacts to surrounding ground water resources are expected to occur based on the location and aquifer characteristics. Water Quality Use of the well for two single family residences does not prompt any water quality testing and monitoring by the Colorado Department of Public Health & Environment under the Colorado Primary Drinking Water Regulations. However, tests were conducted to meet items identified in the Garfield County Land Use Code Section 7-104.B.2.d which includes inorganic contaminants (heavy metals), asbestos, nitrate/nitrite, sulfate, bacteria, and radiological parameters. Secondary standards for items such as taste and odor were not tested. The water quality results for the parameters analyzed were all below established Maximum Contaminant Levels, MCL. Existing System The existing system consists of a pipeline from the well to the existing residence. A pressure tank is connected to the pipeline in a vault at the wellhead. The pressure tank and associated pressure switch controls the operation of the well pump. When water is used at the residence, the pressure in the pressure tank drops to the lower set point and the well pump is started. The well pump then delivers water into the pipeline and the pressure tank until the pressure rises to the upper set point and the well pump is stopped. A well sharing agreement should be developed to define the well usage, operation, and maintenance terns. To satisfy peak flow requirements we would recommend that each residence install a water storage tank and booster pump system to meet their individual needs. Although not required, we would recommend that a water tight cover be installed over the water supply vault and that positive drainage should be established away from the vault for at least 20 -feet in all directions. It is our opinion that the water supply has adequate quality, quantity, and dependability for the proposed use. if you have any questions, please do not hesitate to call our office at (970) 625-4933. CM:rnh Water Report 201 1.dor 2 Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 NATHAN N DUTTON 4000 CR 306 PARACHUTE, CO 81635- (970) 285-1920 PERMIT TO USE AN EXISTING WELL r EXST WELL PERMIT NUMBER 284739 DIV. 5 WD45 DES. BASIN MD APPROVED WELL LOCATION GARFIELD COUNTY NW 1/4 NE 114 Section 12 Township 8 S Range 96 W Sixth P.M. DISTANCES FROM SECTION LINES 1155 Ft. from North Section Line 1832 Ft. from East Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) Construction details for this existing well have not been provided to this office; therefore, it is not known if the construction of this well is in compliance with the Water Well Construction Rules, 2 CCR 402-2. The issuance of this permit does not relieve the well owner of responsibility or liability in the event contamination of the groundwater source results from the construction or use of this well, nor does the State Engineer assume any responsibility or liability should contamination occur. 3) Approved pursuant to CRS 37-92-602(3)(b)(I1)(A) as the only well on a tract of land of 40.00 acres described as the NW 1/4 of the NE 1/4, Sec. 12, Twp. 8 S, Rng, 96 W, Sixth P.M., Garfield County. 4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than three (3) single family dwellings, the watering of poultry, domestic animals and livestock on a farm or ranch and the irrigation of not more than one (1) acre of home gardens and lawns. 5) The pumping rate of this well shall not exceed 15 GPM. 6) 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. 7) This well must be located not more than 200 feet from the location specified on this permit. NOTE: Expired permit no. 279469 was previously issued for this lot. .4?,j /,z�o/a APPROVED JSG \Receipt No. 3645803 State Engineer DATE ISSUED 12-30-2010 By W iF EXPIRATION DATE CEt- 01/04/2008 21:55 9702851920 NATE DUTTON FACIE b2/02 Form No. GWS -68 2/2005 [4, RECEIVE EXISTING WELL INFORMATION AND INSPECTION FORN1 NOV 1 2J10 Division of Water Resources, 1313 Sharman SL, Rm 818, Denver, CO 80203 PLEASE COMPLETE THIS FORM W4 BLACK INK WATER RESOD RECEIPT NO: 3645803 DIV: 5 WD: 45 STAT COLO . — PERMIT NO: 113990 Existing Well Location: NW 1/. of the NF '/4, Sec. 19., Twp Rc , Rng 961^T P.M. 1155 feet from N/S sec. Zine, 18.32 feet from the E/W sec. line; County Garfield, Existing well owner: Name: Nathan N n„+ -t -or Mailing Address: City/State/Zip ..: - : _ Telephone: ;; Q 85 192 Description of parcel (subdivision, lot, bik, fig) 1,1t VE y Selaia^ 11- 4t giiie ac Existing well locatlo • • visual conditions: if stating no, please explain Type of Existing Weil. DnI e. Hand Dug, Spring Well, Gallery Well, Gravel Pit, Other Distance to nearest se • ank/sewer line (approximate) 3 7 5 feet Distance to nearest leach field (approximate) 4E2:,a7 feet Is the well in a clean and sanitary location? y'FS Is the well maintained in a clean and sanitary condition? YES is the ground at the surface sloped away from the well for proper drainage? Y p S Is the surface surrounding the well firm and stable? Y ES Is the well situated in a well house or vault? YF s If so, Is the well house or vault in good repair and condition? Y E Existing well construction and materials: if stating no, please explain Is the well equipped with a sanitary well seal/cap? Yj S Is the well constructed with steel casing at the surface? y e Does the casing extend at least one (1) foot above the surface? Y FS Casing size �i 1A in; Estimated well depth a f 5 feet Who constructed weU?Mclure Driling ;Who installed pump? NftTH13A1 DOfatli Current uses of existing well: Were the existing uses Initiated prior to May 8, 1972? NO x Household use in 1-3 single-family dwellings x Watering of poultry and/or domestic animals ff//, Watering of livestock on farm or ranch: approximately how many head? Is this a feedlot? ; How many head? xLawn and/or garden Army) square feet Ar/p Crop Irrigation acres y( Fire Protection ///R Commercial exempt for Other. Estimated date well constructed 7.�B • Estimated date pump installed 41/2/' ID /4/ Estimated date of first use ,49!} YID f 9g/ ; Estimated flow rate 8 I” gpm How many other wells are located on this parcel? 0 ; Uses: Permit/Case Nos.: 4/1t?Z - Existing Well Owner Signature: A,? ("7;, Date: 9- c24 a"dl0 For Office Use Only Has information above been verified? If not, please note accordingly. List any problems you have identified: (if none, please state so) Date of inspection: Phone Number Inspected by (print): (signed): Attach photos) if available or needed for further evaluation. Additional comments or information on back Annri__CP xfA Customer Colorado River Engineering PO Box 1301 Rifle, CO 81650 Mesa County Healti artment Regional Laboratory 510 29.5 Rd, Grand CO 81504 US Mail: PO Box 20,000, Grand Junction, CO 81502-5033 (970) 248-6999 fax (970) 683-6608 5(f)http://health.mesacounty.us/lab Sample Invoice # 2030-10 Date Time Collected By Collected 06/03/2010 12:20 PM MH System Nate Dutton Well Received 06/03/2010 2:26 PM 4000 CR 306 Matrix Raw Water Parachute CO Purpose Special Purpose Chlorine 0.00 Location Wellhead Comments Test Name Total coliforms PA Result ABSENT Coliform/ABSENT E. coli or Tess than one (<1), indicates a microbiologically safe sample 06/04/2010 8:42:21 AM Invoice for Water Sampling Services DateReceived :Payment Type Due`Da:'Amount Paid„„ Balance 06/03/2010 Bill 07/03/2010 $0.00 $20.00 Customer: (192) Colorado River Engineering AmountEnclosed. MCHD Regional Lab PO Box 20,000 Grand Junction, CO 81502-5033 Detach and mail this portion with payment Invoice 30 10 ; If paying for multiple samples, write Invoice #'s below: Cheat (Payable to MCHD) El Credit Card: Visa Mastercard Name on Card: Billing Address: Credit Card #: Expiration Date: Security Code: G Iutada Dcparutxtu of Palk Mulch ani En, mt ,wnr Colorado Department of Public Health and Environment Compliance Assurance & Data Management Unit REPORTING FORM FOR NITRATE OR NITRITE AS NITROGEN ANALYSES SAMPLER: FILL OUT ONE FORM FOR EACH INDIVIDUAL SAMPLING POINT Are these results to be used to fulfill compliance monitoring requirements? YES 1 I NO Is this a check or confirmation sample? YES 1 1 NO n PWSID: D13901 COUNTY: Garfield SYSTEM/ESTABLISHMENTNAME: Nate Dutton Well c/o Colorado River Eng. [xI DATE COLLECTED: 6/3/2010 SYSTEM MAILING ADDRESS: P.O. BOX 1301 Rifle Street address/PO Boz Qty CONTACT PERSON: Mark Hayes SAMPLE COLLECTED BY: MH PHONE: 9706254933 CO 81650 SIMC Zip TIME COLLECTED: 12:30 PM ENTRY POINT: (Finished Water) SAMPLE U SOURCE WATER SAMPLE U FOR ENTRY POINT SAMPLE PLEASE INDICAT Chlorinated n Other Treatment n Finished - Not Treated (No Chlorine or other treatment) STATE ENTRY POINT CODE: SOURCE(s) REPRESENTED: Nate Dutton Well -Raw 11 For Laboratory Use Only Below This Line LABORATORY SAMPLE #: D13901-1 CLIENT NAME or ID #: NATE DUTTON WELL LABORATORY NAME: Accutest Mountain States LAB PHONE: (303)425-6021 DATE RECEIVED IN LABORATORY: 6/4/2010 COMMENTS: PARAMETER NITRATE -N NITRITE -N Result UNITS 2 T mg/1 BDL L mg/I MCL 10.0 1.0 STANDARD MEHOD Lab RL E300 r 0.05 E300 0.004 Lab Director DATE ANALYZED 6/4/2010 6:19:00 PM 6/4/2010 4:09:00 PM 6/21/2010 Reviewed & Approved by Title MAIL RESULTS TO: CDPHE, WQCD-CADM-B2 4300 Cherry Creek Drive South Denver, CO 80246-1530 Date FAX: 303-782-0390 19 of 20 ACCLMEST. D13901 LAbJ:t o-i•e+ C lot:uiolltpurnunt di NIL(' i-WLit and fmirnnnienr Colorado Department ofPublic Health and Environment Compliance Assurance & Data Management Unit REPORTING FORM FORINOR r NTC ANALYSES SAMPLER: FILL OUT ONE FORM FOR EACH INDIVIDUAL SAMPLING POINT Are these results to be used to fulfill compliance monitoring requirements? YES n NO Is this a check or confirmation sample? YES NO PWSID: D13901 COUNTY: Garfield X X DATE COLLECTED: 6/3/2010 SYSTEM/ESTABLISHMENTNAME: Nate Dutton Well c/o Colorado River Eng. SYSTEM MAILING ADDRESS: P.O. BOX 1301 Street addrosa/PO Box CONTACT PERSON: Mark Hayes SAMPLE COLLECTED BY: MH Rifle City ENTRY POINT: (Finished Water) SAMPLE I FOR ENTRY POINT SAMPLE PLEASE INDICATE: PHONE: 9706254933 CO 81650 Slate 'Lm TIME COLLECTED: 12:30 PM SOURCE WATER SAMPLE rR Chlorinated E Other Treatment Finished - Not Treated (No Chlorine or other treatment) n OTHER DESCRIPTION: STATE ENTRY POINT CODE: SOURCE(s) REPRESENTED: Nate Dutton Well -Raw DO SAMPLES NEED TO BE COMPOSITED BY THE LABORATORY, YES I I NO CHECK OR CONFIRMATION SAMPLES CANNOT BE COMPOSITED LABORATORY SAMPLE #: D13901-1 For La bora to ry Use Only Below This Line LABORATORY NAME: Accutest Mountain States X CLIENT NAME or ID #: NATE DUTTON WELL DATE RECEIVED IN LABORATORY: 6/4/2010 COMMENTS: LAB PHONE: (303)425-6021 DATE ANALYZED: 6/9/2010 thru 6/18/2010 Result in MCL STANDARD MEHOD Lab RDL in mg/L ---- r ANTIMONY BDL 0.006 200.8 0.0008 ARSENIC 0.0037 0.05/0.010* 200.8 0.0016 BARIUM 0.044 2.0 200.8 0.004 BERYLLIUM BDL 0.004 200.8 0.0004 CADMIUM BDL 0.005 200.8 0.0002 CHROMIUM 0.016 BDL 0.1 0.2 200.8 0.004 CYANIDE SM4500-CNE 0.005 FLUORIDE 0.46 4.0 SM4500-F C 0.2 MERCURY BDL 0.002 245.1 0.001 NICKEL BDL ** 200.8 0.004 SELENIUM 0.0024 58.8 0.05 ** 200.8 0.0008 SODIUM 200.8 1 THALLIUM BDL 0.002 200.8 0.0004 BDL = Indicates that the compound was analyzed for, but was below the Lab MDL. NT = Not Tested For Compound. mg/L = Milligrams per Liter. MCL = Maximum Contaminant Level, H = Holding time •heded as been exce. • = MCL = 0.010 mg/L is effective January 23, 2006. = NOT an MCL, 'Monitoring Requirements Only". Lab MDL = Laboratory Method Detection Limit. Lab Director 6/21/2010 Reviewed & Approved by Title Date MAIL RESULTS TO: CDPHE, WQCD-CADM-B2, 4300 Cherry Creek Drive South, Denver, CO 80246-1530 o® 20 of 20 jACC D13901 -'t'--`. I-IAZEN Colorado River Engineering, Inc. Mark Hayes PO Box 1301 Rifle, CO 81650 Hazen Research, Inc. 4601 Indiana Street Golden, CO 80403 USA Tel: (303) 279-4501 Fax: (303) 278-1528 REPORT OF ANALYSIS DATE HRI PROJECT HRI SERIES NO DATE RECD. CUST. P.O.# June 17, 2010 002 -BTI F085/10 6/4/2010 Project # 836 S3LP SAMPLE NO. F085/10-1 SAMPLE IDENTIFICATION: Nate Dutton Well - 4000 CR 306, Garfield County Sampled on 06/03/2010 @ 1230 by Mark Hayes PARAMETER Gross Alpha (+-Precision*), pC1/1 (T) Gross Alpha (+-Precision*), pCi/I (f)*** Gross Beta (+-Precision*), pCi/I (T) Total Solids, mg/I Uranium, pCi/I (T)** Uranium, ug/I (T) RESULT 12(+-4) 6(+-4) 3.0(+-2.4) 423 5.9 8.7 DETECTION LIMIT METHOD 1.3 1.3 2.1 10 0,5 0.7 SM 7110 B SM 7110 B SM 7110 B EPA 160.3 ASTM D2907-97 ASTM D2907-97 *Variability of the radioactive decay process (counting error) at the 95% confidence level, 1.96 sigma. Certification ID's: CO/EPA C000008; CT PH -0152; KS E-10265; NH 232809; NYELAP 11417; PADEP 68-00551; RI LA000284; WI 998376610 **Uranium results reported assuming the activity of natural U = 6.77 x 10-7 Ci/gm. ***Less Radon and Uranium. Results reported herein relate only to discrete samples submitted by the client. Hazen Research, Inc. does not warrant that the results are representative of anything other than the samples that were received in the laboratory. CODES: (T) = Total (D) = Dissolved (S) = Suspended (R) = Total Recoverable (PD) = Potentially Dissolved < = Less Than By: An Employee -Owned Company ANALYSIS DATE ANALYST 6/15/2010 AN @ 0821 6/15/2010 AN @ 0821 6/15/2010 AN © 0821 6/14/2010 LH 6/9/2010 LH @ 1708 6/9/2010. LH @ 1708 Robert Rostad Laboratory Manager Page 1 of 1 0 0 / U 2 - «§ z $ co 2 2 E 3 d \ w� / 0 » w w TABLE I. TEM WATER SAMPLE ANALYTICAL RESULTS a °C —m c2 .2o< c c (1,) CCS c s £ \ 7 0 6 / § 2 0 .o 0 00 £ u = _ \f2\ / O fl < ) E s \ 0 E E 2 ®= 0) = <0 0 0 0 @ j m = u //\jf 2<7O 2 z 2 z n . E o6 \f ƒ 62 iiis\ .2 \/[\ 2 \Jc o 0 g ,, ° k /7$_�# o oaa� / q k c$£ 2 .0 ® III u o = W o m= c 2 CL<z0-e--7 of 2 7 o E 2 f $°-o a 0 k — > N a .C2 I- =7' = c c 2 z c a .. < \ 0/ m o c < = 0 0 a �-- / a f E\§E ° 2\ o 0a o- o2 E • fol In �� o zz1, co$%$33�2 a)k q ��,�m u = -- = m c = o = <0 < ±QUQo«Rc O o zzco Trem-Act = Tremoiite-Ac j 2 \ f To: Garfield County From: Nate and Colin Dutton 4000 county road 306 Parachute, CO 81635 (970) 282-1920 Subj: Exemption from the definition of subdivision request To whom it may concern, This application for exemption from the definition of subdivision is being submitted by Nate Dutton and Colin Dutton. It is being submitted for the purpose of splitting a 40 acre parcel into two 20 acre parcels so two separate houses may be built, one on each 20 acre parcel. Currently there is one house on the 40 acre piece of property with one well, one septic system and one leach field serving this dwelling. It is the intention of the applicants to build a similar septic system and leach field for the additional dwelling. At this time it is uncertain if the existing well will be shared or if a separate well will be drilled. Thank You PROPERTY PROFILE Account: R270437 Tax Year: 2009 Parcel: 244701400044 Mill Levy: 35.007000 Estimated Tax: 127.78 * This Mill Levy is from the most Account Type: Version: Area ID: APR District: Status: recent tax roll . _ egal Description '1A. Name and Address Information DUTTON FAMILY LIMITED LIABILITY PARTNERSHIP DTD 7/7/04 4852 COUNTY ROAD 306 PARACHUTE, CO 81635-9435 Property Location 004852 306 COUNTY RD PARACHUTE, CO 81635 Assessment Information Actual 20090101000 027 A ECT,TWN,RNG:1-8-96 DESC: S2SE. SEC 12 NENE. ECT,TWN,RNG:7-8-95 DESC: SEC 7 AND 18 TR 37(80.26 C), TR 38(80.66 AC), AND THAT PT OF TR 39 CONT 90 AC YING IN GARFIELD COUNTY. EXCEPT A TR CONT 40 AC BEING THE ELY MOST HALF OF TR 38 AS DESC IN BK 1078 PG 167. EXCEPT A TR OF LAND IN NENE OF SEC 12 CONT 0 AC AS DESC IN BK 1243 PG 364. DESC: ALSO THE ABOVE 0 ACRES WHICH IS BEING MERGED BACK INTO THIS PARCEL l AT THE REQUEST OF THE OWNER, MURIEL \DUTTON. DESC: EXCEPT A TR OF LAND CONT 40 AC +/- AS DESC IN BK1651/19 BEING THE SWSE PRE:R270241 PRE:R160248 BK:1651 PG:19 RECPT:665903 BK:0664 PG:0047 BK:0644 PG:0604 BK:0644 PG:0603 BK:0486 n�.nr. nn nii. ne nn nt". nc nc Assessed SQUARE FEET Acres Taxable Tax Year: 2009 Land Improvements Exempt Total 12,560 0 12,560 3,650 0 3,650 0 290.920 0 3,650 Tax Year: 2008 Land Improvements Exempt Total 12,560 0 12,560 3,650 0 3,650 0 290.920 0 3,650 GARFIELD PROPERTY PROFILE Account: R270438 Tax Year: 2009 Parcel: 244712100045 Mill Levy: 35.007000 Estimated Tax: 21.70 Account Type: Version: Area ID: APR District: Status: * This Mill Levy is from the most recent tax roll Name and Address Information DUTTON, NATHAN N. 4000 COUNTY ROAD 306 PARACHUTE, CO 81635-9435 Property Location 004000 306 COUNTY RD PARACHUTE, CO 81635 Assessment Information Actual 20090101000 027 A Legal Description SECT,TWN,RNG:12-8-96 DESC: NWNE PRE:R270241 BK:0605 PG:0540 RECPT:747411 RECPT:747410 BK:1631 PG:758 RECPT:661916 Assessed SQUARE FEET Acres Taxable Tax Year: 2009 Land Improvements Exempt Total 2,150 0 2,150 620 0 620 0 40.000 0 620 Tax Year: 2008 Land Improvements Exempt Total 2,150 0 2,150 620 0 620 0 40.000 0 620 GARFIELD city? Uu rnOINV BppZ' ° •"k'i (6'i, u NLM m `I l&!/ dill cv'4 � n 0 m C\.2 4 � S ; S.' 04, (C -r•;) 7 Adjoining 2409 2409-343-00-173 2409043-00-147 % r» ) ( (;si 4 j ( h U (off '' P �1 ) 0-Ia�V .( (-J.J \ ®� (-;) , L g e J, H1 L. M. 8 - m Z pi \4\ . eye. \d' e\ x 2 Gj� a, \ `� _ ice `=� \ ''$ \C ±I +n \ Tn '.\\- city? Uu rnOINV S DEED, Made th'r 19 e tween County of rade, of the firs part, and 74:a.! ,t RPR Mats 1:`' and State of whose legal address is 11 of the County of WITNESS E H, Ti t the said part n. .id party of the first part l , an. confeseed and acknowledged, has granted convey anri confirm, unto the said described lit or parcel of la County of _.-41 c-4 1t' and St.'. •f 1. iorado, of the sect nfl art: rpt pit, .� cur,s.deratiun .if the sum of Serorfti part, tin. receipt w d, and by these prec dtttb dome gr party of the second part, his heirs and assignx fe ever, all the following nd, situate, lying and being in the and State of Colorado, to -wit: for and )1.• paid by the said rtf , bargained, sold end con ey ltOL1.ARfl. ere.rf is hors:» :t, bargain. ,!'. V iy .h' also known ar x.ree=. 'and number `i'METHEiN with all and singular the hereditaments and appurtenances thereto belonging, er in anywise apper- taining and the t•everaion and revrsions, remainder and remainders, rents, issues and profits thereof and all the .. tatc right. title. it + 'e“,::_. claim and demand whatsoever of the said party of the first part, either in taw or equity.. of, in and to the above be ',lad premises, with the hereditaments and appurtenances. TO tiA'- L' .. :' TO h OLD the said premises above bargained a.td described, with the appurtenancea, unto the said party of the second part, his heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors, ari ( admit istratm at, does covenant, Brant, bargain, and agree to and With the said part, of the second pa-irt. nis heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seised of the premise, above conveyed, as of goo.., sura. perfect, absolute and indefeasible estate of inheritance, in law• in fee simple, and hate good right, full power an le' 7ful authority to grant, bargain, seii and ennvey the same in manner and form as aforesaid, and that the earn( are free and clear from all former and other grants. bargains, sales.. liens, taxes i. ,essments and encumbrances of wnatever kind or nature soever. and the att ved bargained premises in the quiet and per.;eable posses-.: ion of the .said patty of the second part, his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof. the said party 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 aiigenders. iN WITNESS WHEREOF. the said party of the first part has hereunto set his hand and seal the day and year first // ( bce. e wri,ten. STATE OF COLORADO County of t Ty1 tordeirlifcd iiment was acknowledgt',i before me thea 4C3- ljpCO\ (tiF:ALI (SEAL) (SEAL( day o' 19 . 'A :mess my hand and official seal. �)...cam. P. O. B _ 7:7 SPRIN' "a' G_6 I)EEn, Made z hot Woe r. daty,tr L, ; •4 GARFIELD APR 2 6 1987 State DCC. Fee of the first part. and 1.117,,`e ,ee;d7ladreSSle tl t:1.1 V,f -Ct :end State, s1 Zf $ w•>,r R ryl'w County t ,. )- t ' �.Llo..L, and Slate of Colorado, of the second part: e,1IL SI ri1 ,:;athasaid part i,ftht-firstpltrt.frrnnd'nconsideratinoftheslimof 13+tLI.ARS, { ' t oc ,Ytl art, [ht ttiei t whereat s hereby id pe h first pal t iii haat paid by the said `arta` f P e d and acltnowledged. has granted, bargained, sold and con 'eyed and by these presents .toes grant bargain. „r:vo and confirm. unto the said party of the second -part, his heirs and assigns forever. all the following <;•rihed hot or parcel of land, situate, lying and being in the mit>' of ,..f and State of Colorado. to -wit: Z 6cA:-- - j , Q Cl la (y.) , ' t , i cj Cs 1 v..s. _. %Z 2' •W y /1-/ 2:7 ire ti a. ,treet and number TOGETHER with all and singular the hereditaments and appurtenances thereto belnngidg, or in anywise apper en t;lg. 'nd the reversion and reversions. remainder and remainders. rents, issues and profits thereof: and al! the t'si ate. right. titlm interest. claim and demand ,whatsoever of the said party of the first part. either in taw or equity, of. n at,G to the above bargained premises. with the hereditaments and appurtenances. PI HA1' f= .;ND TO Hour) the said: pt emises above bargained and described, with the appurtenances, unto the said , the second part. his heirs and assigns forever. And the said party of the first part; for"himself, his heir:. • and admit ,si; ators, does t:ovenant i:rant. bargain. and agree to and with the said party of the second part, isle hent and assigns. that at the time of the znsealing and delivery of these presents. he is well seized or the premises above rotiveyed. as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has -I good right. full power anti lawful e.ut.}tc•ity to grant. bargain, sell and eanvey the same in manner and form as aforesaid. and that the same are free and clear from all former and other grants. bargains. sales. liens. taxes, assessments and encumbrances of whatever kind nr nature soet'Or. ann • a suited bargained premises in the quiet and pea cealte possession of the said party of the second part, his heir and assigns attains:. al! and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT ANI) FOREVER DEFEND. The singular number shall include the plural. the plural the singular, and the use of auto gender shall be applicable to all genders. i\ WITNESS tt'HEREOI . the said party of • he ftrit part has hereunto set his hand and seal the da> and year first alloy, ,writ to 4. f S•rATi ttl.'Clil.ftl:AUn y of C.c.v'. �.-.,-.-.. , C> '(; �f,•t' cgiiie.g;M*.Stritni e rt t aegis 2p � •' re ,rtw n: 9 a opCR,�. No. 932A. µ'.AR)t.:src teras . 1-,.• dgrti ;., ., r7 l ill. • . t. I SEAL) (4EA1.1 (SEA1,1 day of . 1! y. O`ilncss my hand a)ul tifficial seal. wrclettayt. tt• 7. i atadfoed Publishing. )5165 West 441h Avenue, Golden. Colorado 80401—tarn =P0-0644 —P.M 11111111111111111I11111111111111(1HEM ILII HUB 661916 10/19/2004 10 40A 81631 P758 M ALSDORF 1 of 1 R 6.00 D 0.00 GARFIELD COUNTY CO QUIT CLAIM DEED This deed is made this r day of October, from Muriel Dutton, by her attomey-in- fact, Linda Marie Dixon, as, Grantor, to Nathan N. Dutton, Grantee, whose legal address is 4000 County Road 306, Parachute, Colorado 81635. The Grantee having paid to Grantor other valuable considerations and ten dollars, the receipt and sufficiency of which is hereby confessed and acknowledged by Grantor, the Grantor has previously done and does hereby quit claim, release, sell, convey and transfer to Grantee any and all right, title, interest, claim and demand owned by Grantor whatsoever in the following described real property, together with any and all improvements and appurtenances and incidental rights whatsoever pertaining thereto, including without limitation any and all mineral and leasehold rights and interests whatsoever pertaining to such lands, lying and being in the County of Garfield, State of Colorado, to wit: Township 8 South, Range 96 West, 6th P.M.: Section 12: NW'/4NE'/4 Containing 40.00 acres, more or less; to have and to hold the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, claim and demand whatsoever, either in law or in equity, to the only proper use, benefit and behoof of the Grantee, and Grantee's personal representatives, heirs, successors and assigns forever. Done the day and year first above written, by Grant STATE OF COLORADO ) ss. COUNTY OF 9 r4 -T ( 4 ) z•i4dt #76{g. Muriel Dutton, by Linda Marie Dixon, her attorney-in-fact BEFORE ME, the undersigned Notary Public, on this 7 t+\ day of October, 2004, personally appeared Linda Marie Dixon, as attorney-in-fact for Muriel Dutton)Grantor, to me known to be the identical person described in and who executed the within and foregoing instrument of writing and acknowledged to me that she duly executed the same as her free and voluntary act and deed on behalf of Muriel Dutton, for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day Qi4 ar last above written. 11 , 6m►rxiirssion Expires: 3—fS—oS— i Address: Notary Public 4, 40r, co c/(per/ WARRANTY DEED THIS DEED, dated this 1 day of May, 2007, is made by and between NATHAN N. DUTTON, Grantor, whose address is 4000 C.R. 306, City of Parachute, County of Garfield, State of Colorado, 81635, and COLIN L. DUTTON, Grantee, whose address is 4000 C.R. 306, City of Parachute, County of Garfield, State of Colorado, 81635. WITNESS, that the Grantor, for and in consideration of the sum of Ten U.S. Dollars ($10.000) in hand paid plus other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grantee, his heirs and assigns forever, all real property, the Property, together with improvements, if any, situate, lying and being in the County of Garfield, State of Colorado, described as follows: ONE QUARTER (25%) OF THE OIL, GAS AND ALL OTHER MINERAL RIGHTS OF THAT SPECIFIC PARCEL OF LAND DESCRIBED AS: TOWNSHIP 8 SOUTH, RANGE 96 WEST, SECTION 12 OF THE W1/2 NW1/4NE1/4 AND E1/2 NW1/4NE1/4, containing forty (40) acres, more or less. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in any way appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title and interest, claim and demand whatsoever of Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments, easements, rights of way, mineral rights and appurtenances. TO HAVE AND TO HOLD the Property above bargained and described, with the appurtenances, unto Grantee, his heirs, assigns and personal representatives forever. Grantor, for his heirs, assigns and personal representatives, does covenant, grant, bargain and agree to and with Grantee, his heirs, assigns and personal representatives, that at the time of the ensealing and delivery of this presents, he was well seized of the Property above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawfully authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same is free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever. The Grantor shall and will WARRANT AND FOREVER DEFEND the above bargained Property in the quiet and peaceable possession of the Grantee, his heirs, assigns and personal representatives, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. ,,ol taof,,4`6 By: %'ir.(i- r7;7 , Ni{than N. Dutton; Grantdr STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The aforegoing instrument was acknowledged before me this day of May, 2007, by Nathan N. Dutton, Grantor. WITNESS MY HAND and official seal. My commission expires:17_si \ c_. Notary.EUblic `J Surrounding Land Owners David Dutton 4852 county road 306 Parachute, CO 81635 970-285-9246 Connie Murray 2620 West Vine Dr Fort Collins, CO 80521 970-493-0917 Linda Dixon PO BOX 58 New Castle, CO 81647 970-876-2885 Phyllis Hyrup 69 Rampart Place Parachute, CO 81635 Muriel Dutton 4852 county road 306 Parachute, CO 81635 970-285-7389 VAL/4. •o GRAND VALLEY FIRE PROTECTION DISTRICT o � 1777 S. BATTLEMENT PARKWAY, PO BOX 295 PARACHUTE, CO 81635 -93 - • PHONE: 285-9119, FAX (970) 285-9748 TE, Co September 16, 2008 Colin Dutton 4000 Cty Rd 306 Parachute, CO 81635 Dear Mr. Dutton, This letter is to provide you with approval of a water supply from the Grand Valley Fire Protection District on the above listed property. The property does have adequate water supply to the location with the spring fed pond and the Hyrup ponds which are located within reasonable distance. Both of the water supplies are accessible by our fire apparatus and if the need arises we are able to shuttle water in for any fire emergency on the property. If you should have any further questions please feel free to contact me. Rob Ferguson Zs Deputy Fire Chief - Operations Grand Valley Fire Protection District Office: (970) 285-9119 Fax: (970) 285-9748 email: gvfpdops@sopris.net Cc: Fire Chief Blair File Form No. GWS -25 APPLICANT 'OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg.. 1313 Sherman St.. Denver, Colorado 80203 (303) 866-3581 NATHAN N DUTTON 4000 CR 306 PARACHUTE. CO 81635- 970i 285-1920 PERMIT TO CONSTRUCT A WELL ISSUANCE OF _. E ,1\,1? -7 r;0ES NOT CONFER A WATER Es!C) lT LIC WELL PERMIT NUMBER 279469 DIV. 5 WD 45 DES. BASIN MD APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SE 1/4 Section 1 Township 8 S Range 96 W Sixth P.M. DISTANCES FROM SECTION LINES 1120 Ft. from South Section Line 2240 Ft. from East Section Line UTM COORDINATES (Meters,Zone.13.NAD83) Easting Northing. OF This sna, Je Used lit such a ,vay as io cause no ,-naienai injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Vater 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 i 8. 3) Approved pursuant to CRS 37-92-602(3))b)(li)(A) as the only well or a tract of land of 40.00 acres described as the SW 1/4 of the SE 1/4. Sec. 1. Two 8 S, Rng. 96 W. Sixth P NA., Garfield County. use of g.cun v., alar / om h -s ..mil Is limited to fire protectionordinary household purposes inside no; mope than aiEllnCj of po, ammais and Ilvestosie on and the To: Michael Langhorne - Bookcliff Survey, Inc. From: Scott Aibner — Garfield County Surveyor Subject: Plat Review — Dutton Subdivision Exemption Date: 01/03/2011 Garfield County SURVEYOR SCOTT AIBNER, P.L.S Dear Michael, Upon review of the Dutton Subdivision Exemption, I have no comments or corrections to be made prior to approval for survey content and form. Once all final comments from Building and planning have been completed, the Mylar may be prepared for recording. The Mylar shall be delivered to the Building and Planning office with all private party signatures no later than Monday the week prior to the next commissioner meeting day in order to make that meeting. Sincerely, Scott Aibner Garfield County Surveyor cc Cathy Eastley — Building and Planning Department 109 8 th Street ,Suite 201 • Glenwood Springs, C081601 • (970)945-1377 • Fax: (970)384-3460 • e-mail:saibner@garfield-countycom 11111 ' Pllti1 i'a'YrlilAPOI4r !.!i i Mi. 11111 Reception#: 793376 10/22/2010 04:00:58 PM Jean Alberico 1 of 17 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the County Administration Building in Glenwood Springs on Monday, the J 4' day of (A o t'.Lc r- , 2010, there were present: Tresi Haupt Mike Samson John Martin Don K. DeFord Ed Green JeanAlberico , Commissioner , Commissioner , Commissioner Chairman , County Attorney , County Manager , Clerk to the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 10- 84 A RESOLUTION CONCERNED WITH VACATING A PORTION OF PUBLIC ROAD RIGHT-OF-WAY OTHERWISE KNOWN AS A PORTION OF COUNTY ROAD 306, ACCEPTING NEW PUBLIC ROAD RIGHT-OF-WAY AND RESERVING A PRIVAI'h ACCESS EASEMENT. WHEREAS, the Board of County Commissioners of Garfield County, State of Colorado ("BOCC") through resolution 2003-07, adopted a procedure for vacating public roads and rights- of-way; and WHEREAS, Resolution 2003-07 is mandatory for requests to vacate or abandon the entire width of a public road or County road; and WHEREAS, the BOCC have determined that for the requested vacation of portions of County Road 306, as set forth herein, certain provisions of Resolution 2003-07 shall not apply; and WHEREAS, the BOCC desires to vacate a portion of a dedicated public road right-of- way, as such lies within the property of the affected party as set forth below; and WHEREAS, the public road right-of-way as set forth below is no longer needed as a public road right-of-way; and WHEREAS, the BOCC is entitled to vacate a public road right-of-way by resolution pursuant to the provisions of Section 43-2-303(1)(b), C.R.S. (2010); and WHEREAS, to the extent necessary a duly noticed public meeting was conducted by the BOCC concerning the need and appropriateness of vacating said public road right-of-way under the provisions of Section 43-2-303(2)(b), C.R.S. (2010); and WHEREAS, the purpose of this proceeding is to vacate that portion of the road right-of- way for County Road 306 which is no longer required; and 1lo 10.11,14, AN07.1141 «tip 11111 Reception#: 793376 10/2212010 04:00:58 PM Jean Rlberico 2 of 17 Reo Fee:$0.00 Dec Fee:0.00 GARFIELD COUNTY CO WHEREAS, the Garfield County Planning Commission has conducted an appropriate location and extent review pursuant to the provisions of Section 30-28-110, C.R.S. (2010) and Article IV of the Garfield County Unified Land Use Resolution. WHEREAS, the BOCC is entitled to accept right-of-ways, properly dedicated to the public, for use by the public, and on behalf of the public, pursuant to the provisions of Section 43-2-201(1)(a), C.R.S. (2010). NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, State of Colorado, as follows: 1. That the public meeting leading to vacation of this roadway was the subject of necessary notice to landowners adjacent to the roadway, to the extent such notice was required by the provisions of Section 43-2-303(2)(b), C.R.S. (2010) and Article IV of the Garfield County Unified Land Use Resolution. 2. That a public meeting was conducted at which testimony and evidence was presented concerning the vacation of portions of the subject road. No testimony or evidence was presented objecting to said vacation. Exhibits were presented supporting the finding of proper notice, if needed, and all interested parties were given an opportunity to attend, testify and present evidence. 3. That the vacation of the roadway was conducted in accordance with Garfield County Resolution 2003-07, or the BOCC waived compliance with those provisions, and Section 43-2-303, C.R.S. (2010). 4. That portion of the public road right-of-way of County Road 306, described in Exhibit A and B, attached hereto, and all other right-of-ways in SW'/<SE'/< Section 1 and N%NE'/a Section 12 all in T8S, R96W, 6th P.M., should be and hereby are vacated except the new public road right-of-way set forth in Exhibits D, 1 and 2 attached hereto. 5. That pursuant to the foregoing vacation, title to such property including all oil, gas, and other minerals shall vest in the property owners of the abutting lands to the right-of- ways. 6. That pursuant to Section 43-2-302(1)(f), C.R.S. (2010), the vesting of title to the vacated right-of-ways is subject to the private -access easement as set forth in Exhibit C attached hereto. 7. The foregoing vacation does not leave any property adjoining said public road right-of-way without an established public road connecting said land with another established public road. 8. The vacated right-of-ways do not provide access to public lands, and therefore, this vacation does not leave any public land without access to a public road. 9. That this vacation is in the best interest and for the health, safety and welfare of the general public. 1111 EFIIIIMIVikIVAIIIN 11111 Reception#: 793376 10/22/2010 04:00:58 PM Jean Alberico 3 of 17 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 10. The BOCC hereby accepts as the new public road right-of-way the property deeded as forth in Exhibits D, 1 and 2 attached hereto. The acceptance by this Resolution is limited to the descriptions contained therein. DATED this Nth day of Kic,412_0_,.• , 2010. ATTEST: 12-er YYl lace, erk to the Board BOARD OF C RFIELD By: Upon notion duly made a STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) e foregoing Re Tresi Houpt Aye Mike Samson Aye John Martin Aye Commissioners TY COMMISSIONERS OF Y, STATE OF COLORADO s I I la Wfilftb& ... erson tion was adopte the following vote I, Jean Alberico, County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceedings of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20_ County Clerk and ex -officio Clerk of the Board of County Commissioners T:\MyFiles\ROAD & BRIDGE\RESOLUTIONS\Vacating Portion of Public Road Right -of -Way- Portion of CR306.doc rReception#: 793376 10!2212010 04:00:58 PM Jean Alberico 4 of 17 Rec Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO 1111 hY'y Mir 114 ®I 111 1 v 0 N m rn cd 4cd c24 0 • 0 U1 O • o�U • � ao O Q o C1) CO oE- v es LH O pel 4-) O bErld cd o g t,-< LD o cs 0 P< � Q cid ro 4-,0 o0 to m bo .q O O V' .-C1'd R.bn U O -V-, O �P 0 a O Qom.-, vCo, pa to coP, o 2 'd P 6 Q O o c.) 000) ,O .� • U 0 U d E-, • 0 co .p QE' rn co LO (/1o U f,bocci Ca cam*) _ 4 b °� m o -o TdiolPsHo�Q oo ;:_4, r4 ow wi8 �11 wwwLww� 111 _I$cd ti-+ a) O N 0 cD c0 O O o �'� d o• o •o y h0NNco0ON 1-4 ID d-NtoOn tv-, D o o) v '.0 _, N co N m o-) ,t o O O oUb 11-P)+,-',41.+:4---Coo'Cliod-�� o� R ..��c0O0MNNu)NN u _ Qu))0oGI },z,,u)cnrn4v5ZZZ4N 'iLcd +- 0cn co v v v v 0 0 0 v 0 v v P, I-- vs v 00 QcOQ� R, <M CD 1111 1111NIE M 111 Receptiont#: 793376 10/2212010 04:00:50 PM Jean Rlberico 5 of 17 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO // Co 0 0 ) 306! co Z U x E- U' a • / .KO -SK ,ZS.00 N z 1 r PI v0 rn QWp0 r4 0 A 0 0� O • 0 XW 11 Q• ri0 O.0 a, a N 0 U 0 0 gO a of > so 0 E< O rb AW yi a e (z� d a - o o a - . 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Ci, o [u ¢ [�+ y ° [_. o N 1s. su * CZ u? �l �o cn j gE o 0„. 2 Q.o p.o 00 [�oNcO�`oo a10 N. °D V i�6ko\D4mo (N� NW O O ✓ oN o �-)+ U * . F Ov d 17 O Nt jNo ' O O CO boA O N O O [�N i NNuOIn`O c c .) N OD'`' p oN cn • UE-' G R.gO Nbe?U 0 ; � t)�.-if+N0)q)0 0..•-4 G O + O o v d" �---,- W W W�tl C_IIbb�� -�- � SI- - 072-7o Ps- cdepNOD E4 ni?nl+ooNyoal 4c�~NQ-,t-' to .0o COtiw- 1n d. -I 0?U) U1 N CO CO CO o co � oopo�;v.N`o��o�No�T. ��`lo ci/3 .rio o Li . ^ e j rx, F. d cd 0 a.)....0 roti-o117rnS N 4- O 2N .ZN . ZN L. roq O 1. o s, o.a?�r-co co co 0 • f`. O 0 U '� ..u)0 UJU?U]Z-1- „U),--,,, r -s'. 0 CZ V U ai g 9 a-io ,- coi -3d- 1n oro O o 0-) O ,4 N c7 4: vi vD 1` CO Cr r-+ ,-i ,-, ,-1 .--s ,-t , -s Q co o 0H00to0 0 u u Date: 08-04-2010 LINE TABLE S70'30'35"E 674°00'35"E S60'50'37"E 584' 16'38"E N79'22'22"E S73°19'08"E N 0 1) r N i• V 01 N c N� ®ill 11111 Reception#: 793376 10/22/2010 04:00:58 PM Jean Rlberico 7 of 17 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO d3 0 14. 4 o a o -9 yrsrs n. 6 o C 8 T 0)P4 ,.et-ZeZI S�a` �N C •p O 0\ o c*) c' 0 UD zd-O U 0 VI0 c o0 o n O O cd 04 w /0-' ,372 �j r1 O '-4 .---(5211'044)-----47- 0 o c) .(:)� R. Q 0 0 U ZT 0-00-T I T-Lbi, °N Poi -ed r 001,ClTd'dniXj 0/9 d'I'f1 sarliadoid dnaH I r 0 04 0 c-4 44 1-4 0 N 0 �c O N 0 0 o CURVE TABLE -o U F ci CO 44 0 4) z 2 % N86'58'23"W N 0 0 z a 4 z SO6'03'24"W NOB'57'44"E 0 44 N fo 0 4) N 4- 4, Eft 44 m 0 0 0 0 4- 0 44 0 0 co N O w 40 a 0 40 h 0 0 N 04 U U U U V Reception#: 793376 10/22/2010 04:00:58 PM Jean AlberIco 8 of 17 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO EASEMENT DEED Nathan N. Dutton of 4000 C.R. 306, Parachute, CO 81635, for the consideration of ten dollars and other valuable consideration, receipt and adequacy of which are acknowledged, grants and conveys to David S. Dutton and Muriel S. Dutton, whose address is 4852 County Road 306, Parachute, CO 81635, and their heirs and successors, a non-exclusive perpetual easement ("Easement") for ingress and egress for agricultural and residential purposes to and from real property in Garfield County, Colorado, legally described as the NE'/aNE'/ Section 12, T8S, R96W, 6th P.M., County of Garfield, State of Colorado such Basement to be appurtenant to such property. The Easement shall be across real property in Garfield County, Colorado, legally described as the NW'/NE'/ Section 12, T8S, R96W, 6th P.M., County of Garfield, State of Colorado such Easement being further described on the attached Exhibit A and depicted on the attached Exhibit B. St- Cr. ' DATED this — day of , 2010. STATE OF COLORADO ) ) ss: COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this / day of 06.1UW- 2010, by Nathan N. Dutton. NATHAN N. DUTTON tyazhe( (17 ,/ Witness my hand and official s .1. ;-2 2 b My Commission expires: 1 EXHIBIT mil roirin viricarki Reception#' 793376 10/22/2010 04:00:58 PM Jean Rlberico 9 of 17 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Nl.� 4J Vl N ty as .6t.(4/13 a)G coi 0W �71; P,T4 oU a0 p- wo w? WCOtU�� E--4 Oi 'd .L 0') kD .� lD -to gU yp -rd .ol a 4, V0 Q 0 :_ W r( 0 in X), N td yo 41 UvN i U ?E-4 aN) O ,0 0<gN 2 3 - �°� u0U Nci0. A moinon o °' o: � +� ? w i + W CA P4 0 � Ao 0 i, 00 Ho - k9 >a U _o 0.Q)00 0x14' 0 in-~' t �ptb..1.Uo o IR co u) al CO CI) n .2 p-, ,,,0 -a A ›:,,.-9 as 0 Sc r° til � w cclW ® � ix � E< � , Cil boa 0 4' C ('1 U4U •-'"' Y vai ' Jy P4 r4 48 s„0 U ,• -0 U /) � ° P°oLONco�`eC\D • U N 0 �CS+ —,a1"-- is-- t` o in rn oNbaUNcnOiii d pi • o _"O 04 0:a 0 0 O -C%1 U��NC+7 in- o C/ 01 °) (/] N ,Y ,� E~ r7 (Y) CQ O C G U) I:1 t o N cd cd -'-(E) O O N i0 p) L Q N - ° °d • V •--i o O N cn o in N p E-• co ' cd p Mg 124 [u o 7c o rn eD 0 .V 8,'. CA CO - z c) 4U) o UES -,C.)0.0 m4 v7 E, o?U <.> a Garfield Coun ,V . County 5urreyors' C S70°30'35"E 0 0 ti U) w O 0 w 0) Cr. m 0 n 0 V, L07 2 5 1 // 11111011,31111U11111 M17.1 11M.Iih'rill ItWIVrAii,1111 Recept i onU : 793376 10/22/2010 04:00:58 PM Jean R1berico 10 of 17 Reo Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO �4/ 0 .,I3,L£o00 N 9X2 of 01.1. +D O m 0 00,0 O_ 00 In in O 0D .t 0 Z a m rnny/ N • ,d 1:4 zo C) Y0- 41 Z o joi 0 � 0< 0; / h"I 0 0 cV 4) V ra N 0 a D O ALO-00-111-LbiZ'oNP" d t sill/CM ,J `d H 0/3 dTfl ! Padod duikH 1111 hW�c'il4+i�l�il ��ly � i' II �I '4 r1�t41 t�IN�� 11111 Reception#: 793376 10/2212010 04:00:50 PM Jean Albericc 11 of 17 Rec Fee:$0.0O Doc Fee:0,00 GARFIELD COUNTY CO When recorded, mail to: This Space Reserved For Recording Information SPECIAL WARRANTY DEED Muriel.Dution and Linda M. Dixon of and P.O. Box 58, New Castle, CO 81647, and as owners of -a life estate and remainder interest respectively to certain lands in Garfield County described as the SWV44SE'/a Section 1, T8S, R96W, 6th P.M. ("Grantors"), County of Garfield, State of Colorado, for the consideration of ten dollars and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, hereby sell and convey to the GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS, with an address of 108 8 Street, Suite 213, Glenwood Springs, CO 81601, a public road easement for travel by the public including associated subsurface road support located in Garfield County, Colorado, and described on Exhibit 1, attached hereto and incorporated by this reference, (the "Property"), reserving unto Grantors all oil, gas, and other minerals and all other subsurface uses including but not limited to public utilities, private utilities and similar uses. Garfield County may protect this public road easement from all other users, including the grantors, through issuance of permits that will control, condition, or prohibit the use of the easement. The provisions of the foregoing reservations, interests, rights and easements shall be binding upon and run with the land. Grantor warrants title against all persons claiming under Grantor, excepting taxes and assessments for the years 2009 and thereafter, and easements, reservations, restrictions, othercovenants encumbrances, and —ratters shown on B h bit 2 hereto. Signed thisrID day of91/AL- , 2010. MURIEL DUTTON u'4 EXHIBIT �1 ■Ill h�'� � 1�1�i>`� Utrifiii N LIONCiCH, ®I III Reception#: 793376 10/22/2010 04:00:58 PM Jean R1berico 12 of 17 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO ) ) ss: COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before nie this --)6 day of Cfpqa-- 2010, by Muriel Dutton. Witness my hand and official seal. My Commission expires: t�sus+r�� „� ''� NY, Y pU . SH/RI,Fy. • ,nui-l11 ' ijits• STATE OF COLORADO ) = •,.. ss:nLU COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this bv day of /.44,-4-- 2010, by Linda M. Dixon. Witness my hand and official seal. otary Publi My Commission expires: /7— `7" - 4,e fZY�IH(j'-;• 10- t >; Notary SHIRLEY J. NICHOLS 1 e� Op C O -,. " ' 1 1111 ®11114111M'1���1 IC hii1 t' LIO Vx+41 , Reception#: 793376 10/2212010 04:00:58 PM Jean Rlberioo 13 of 17 Reo Fee:$0.00 Doo Fee:0.00 GRRFIELD COUNTY CO EXHITBIT 1 LEGAL DESCRIPTION EASEMENT DESCRIPTION WEST50.00FOOT FTHE 6TH PRINCIPAL MERi AN,S'AD STRIP OF IN THE 4 LAND4 Of GECTION 1, 25 00 FEET 01 EACSHIP H SIDE OF THE 95 FOLLOWING DESCRIBED CENTERLINE: (BASIS OF BEARINGS FOR THIS EXHIBIT IS A BEARING OF N87'14'35 E, BETWEEN THE SOUTH QUARTER CORNER OF SECTION 1, A BLM ALUMINUM CAP IN PLACE AND THE EAST SIXTEENTH CORNER OF SECTIONS 1 AND 12; A BUT ALUMINUM CAP 114 PLACE,) (ALL SURVEY INFORMTION SHOWEREON IS SURVEYOR AND DO SANOT REFLECTHANY FIELD BASED LOCATIONS I BY HIGH INFORMATION ENGINEERING, GElR COUNTY INC.) COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 1, A BLM ALUMMSINU1d CAP IN PLACE; THENCE N00'19'17"E A DISTANCE OF 1376,11 FEET TO A POINT OF THE NORTHERLY BOUNDARY OF THE SW1/45E1/4 OF SAID SECTION 1; THENCE S89'52'01"E ALONG SAID NORTHERLY BOUNDARY A DISTANCE EOF 25.LEANAN0 FEEOT TO A POINT ON THE CENTERLINE DF SAID RIGHT-OF-WAY, 311E POINT OF BEGINNING: NORTHERLY BOUNDARY ALONG THE CENTERLINE OF SAID RIGHT--OF-WAY THE FOLLOWING FOURTEEN (14) COURSES; 1. 50019'17"W A DISTANCE OF 753.38 FEET; 2. ALONG THE ARC OF A CURVE TO TI -TE LEFT HAVING A RADIUS OF 35.00 FEET, A CENTRAL ANGLE OF 57'10'21" AND A DISTANCE DE 34.92 FEET (CHORD BEARS S28'15'53"E A DISTANCE OF 33.49 FEET): 3. S56'51'04"E A DISTANCE OF 133.47 FEET; 4. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANC -IE OF 03'47'02" AND A DISTANCE OF 13.21 FEET (CHORD BEARS 554'57'33"E A DISTANCE OF 13.21 FEET); 5. 553'04'02"E A DISTANCE OF 238.69 FEET; AL LE OF 6. 60' ALONTHE ARC OF A CURVE G AND A DISTANCE 0 1'7 93 FEET (CHORD BEARS S8THE LEFT HAVING A RADIUS �3'114E A DISTANCE OFR170.78GFEET); 7. N66`37'40"E A DISTANCE OF 106.24 FEET; E 8; 10'34'09" AND A DISTANCE OF 36.89EFEET T (CHORD BEARS N71'504' 4 EAO IS AN E OF 36.84 FEET); GLE OF EET); 9. N7711'49"E A DISTANCE OF 124.00 FEET; 10. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 38.00 FEET, A CENTRAL ANGLE OF 159"12'30" AND A DISTANCE OF 105.59 FEET (CHORD BEARS S23'11'56"E A DISTANCE OF 74.75 FEET) 11. S56'24'19''W A DISTANCE OF 96.43 FEET HAVING A US OF 250,00 A CENTRAL ANGLE 12. 05'52'30" AND A DISTANCE OFT 25.63 FEET (CHORD BEARSI FEET, ALONG 'THE ARC OF A CURVE THE S53'28'04'W ADF DISTANCE OF 25,62 FEET) 2 13. 550'31'49"W A DISTANCE OF 238.52 FEET 14. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 130,00 FEET, A CENTRAL ANGLE OF 58'41'38" AND A DISTANCE OF 132,42 FEET (CHORD BEARS S2121'00"W A DISTANCE OF 126.77 FEET) TO A POINT ON THE SOUTH BOUNDARY OF SAID SECTION 1, THE PO4NT OF TERMINUS (WHENCE THE SOUTH QUARTER CORNER OF SECTION 1 BEARS S87'14'36"W A DISTANCE OF 479.56 FEET); SAID STRIP CONTAINING 2.546 ACRES MORE OR LESS. sarimuavtillifilightilrtgelOVI Mi.11111 Reception#: 793376 10/22(2010 04:00:58 PM Jean Rlberico 14 of 17 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT 2 PERIM IED ENCUNtBRANCES • f: ltigilfs orolairns ofparties in possosiion not shows by t),eepublic reCordf, ••: i ' ; • ', r-• r _ :. , :2.: -Ea euterits, or ciain s of easerrirnts, not showro by the pkblie records ': , '.:::.. :... ? ::: •. ; • 3.: Dlsarc cies, conflicts in boundary lines, shortage in area, encioachT eats_ r edd 8ity facts 1cihich a_'cor cat-sufvey end; ion,of the. ; •, • premises wou]d diceiose, and which ire no[ i'6oKv.by the pityjic fccbrds; ':_ -' ' � `'- � •" �' �'• ` ' • - • - • • •� • � �' • ` -t 4. ''= Any lien, or right to a lien, for serdiccs, labor or material heretofore or }icieatter3urnlshed, Impose! by law snit not blown by the public::; ierords. :..::.•• 5. Directs, liens, tncumbranees, adverse claims or other matters., if any, created; •5rst appearing in the -public records or attaching.;u_bsegiiyrnt to rhe effective date hereof but prior to the date the proposed insured acquires ofreeord for value [iii tstate or interest or mortgage_thueon covered by this comtnitmrnt b; -' .Any and all unpaid taxes, assessments and unredeemed tax sales. - - • .7.•_ Attylicn-orcliargeonaccbuntoftheinclusionofsubjectpropeityinariimprovcrnentdisttict • • 8.: ` •arid atl v; atcr rights :claims, or wet() water, whether Or not the matters rat tel are shovirr b thy: ublic recoil..' . ' A:nY . r uP . Y A _ 9.' Right ofihc proprietor ofa vain or lode to extract and remove') is ore ihetcfrom, should the samTie e found to penetrate or Intersect tire. • . -premises hereby granted and a right ofway for ditches or canals as centuilctcd by the authority ofthe United States, ail-es/154A tri i7Aite4 _ . ' States Patent recorded December 3, 1923 In 13ook 112 at Page 397. . . :. •- • 10. -Right ofway Basement granted to Holy Cross Electric in instrument rpcoided May 9, 1979 in Book 528 at Page 9. II. Reservation of a Life Bstalc by Muriel Dutton in instrument recorded Decembcr 27, 2004 in Book 1651 aPage 21. 12. ;Conveyance of the mineral interests, including but not limited to oil, gas'and gt}te'r minerals as described, in instrument recorded Decerribcr.:• 2604-, in Book 1651 -at Page 24 and any and all essigrnnetits tbsrentor inieiesla jherein.: , • I3.. Terms and conditions of 011 and Gas Leare by and bstiveen Martel Dutton iiy Linda Yiane Dixgn; rUtonusy3n tact :as Lessor nd=Apgllo +• LLC, asT-esscc, recorded January 8, 2003 -in Book 1425"ii Page.4.-'46 _any azt� gel intertsts therein or arngnmcnts theregf ,..;: , :, 14.. -'Tei- ns, conditions, obligations and all matters set -forth. in Memorandum of Understanding rccoidod April 20, 2910'as Recept16r j+Io; "-. _ : 984920. 1111 Kitmemug N. 11111 Reception#• 793376 10,2212010 04:00:58 PM Jean Alberrco 15 of 17 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO When recorded, mail to: This Space Reserved For Recording Information SPECIAL WARRANTY DEED Nathan N. Dutton of 4000 C.R. 306, Parachute, CO 81635, and as owner of certain lands in Garfield County described as the NWIANE'/4 Section 12, T8S, R96W, 6th P.M. ("Grantor"), County of Garfield, State of Colorado, for the consideration of ten dollars and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, hereby sells and conveys to the GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS, with an address of 108 8TH Street, Suite 213, Glenwood Springs, CO 81601, a public road easement for travel by the public including associated subsurface road support located in Garfield County, Colorado, and described on Exhibit 1, attached hereto and incorporated by this reference, (the "Property"), reserving unto Grantor all oil, gas, and other minerals and all other subsurface uses including but not limited to public utilities, private utilities and similar uses. Garfield County may protect this public road easement from all other users, including the grantor, through issuance of permits that will control, condition, or prohibit the use of the easement. The provisions of the foregoing reservations, interests, rights and easernents shall be binding upon and run with the land. Grantor warrants title against all persons claiming under Grantor, excepting taxes and assessments for the years 2009 and thereafter, and easements, reservations, restrictions, covenants encumbrances, and other matters shown on Exhibit 2 hereto. 5k Signed this / day of . cru X12- , 2010. --- -- -NAT -AN-N DUTTON- STA lE OF COLORADO ) ) ss: COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this 21 day of �,ryrp� 2010, by Nathan N. Dutton. Witness my hand and official seal. My Commission expires: My Commission Expires 06/26/2012 moo.; .�+-�rro.,:-t 8�-m�-•o-rro�.�� JANET N. KIME NOTARY PUBLIC STATE OF COLORADO _,, Notary Public EXHIBIT D7, X111 'aiK1I1k J,M I NIIRMI114111 1MLIiii 11111 Reception#: 793376 10/2212010 04:00:5$ PM Jean Alberico 16 of 17 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT 1 LEGAL DESCRIPTION /III tAtWhmmi *Novmti��4t i 11 111 Reception#. 7933 Jean plbarico 17/2212710 04.00:66 $0 PM 17 of 17 Dec .00:60.00 Doc n00 bee i GAR.IEt O COUNTY CO EXHIBIT PERMITTED ENCUMBRANCES I. Rightsor claims o€poetics m possasstonot shown by the, Public fabprd ..:_ :. •- :. ; . 2.. -E*C:i:ielits; or bic`bns on- f c;s^.rimpnle: not sha' n b 1h9 public reoor4t.:. - : _ .. - ' • ' . • • - : • .3.-,-Piscrepaiicics,t onflicts in boundary Imes, shortage•in arga,' coo-roaeh .cots. and 2rryfad whleh a correct stnnyand imp Cetlon. of the . ; ; p;einisawouldd close andv8ucbere pot ;iown byrhopublic'records.'• :: .'' lawaedno"sit• 6 •t1ro 4•:•'Any]'in,"orrighttithJien,forseiviceii;labgrorin3terislhei�tofoieor.he afietfumisli"rdiinposedbyl -• - t oWrt Y -p_-- 5: •, 7>e ctl�, liens, encumbrances, adverse claims tii-othirmatters if any created first appearing in the public 1 Or is or atiacitng subseq j4 .: to f to eflecfivc dale'hcrtof but prior tb thxdate the proposed insured aogtitirts of record for ynlue the cslete or i{stci est or gprlgago thixcoh --covered by this earrumtinenl . 6. `.'%+n}i ariii all ungal¢ taxes, asscssniiirts'and unredeemed taxsalts. - 7. Anylienorchargeonaccountoftheinclusionofsubjed'propertyinanimprovem tdisli-lct, ; 8. Any end all water rights, claims, or title to water, whether or not the melt rs ercecpted,aie ahown by_thepublic tecorii.. • - "•-•�-�i:;.::ir:.,.:•- .,' -• : ".`. ' 9_ night of the proprietor of avow em or lode to extract sod rove his ore therefrom,'shouid 1hsay mobstotlad to pcnctiatc;br infcrscct'thc.; :- • - ? :premises hcscby granted and a right of way for ditches or canals as consimeted by be�authority;of the.tJnittd States, as referyii) in tln1teif • •`:.t?tes Patent recorded i'iovember 30, 1412 in'Book 71 ai l'agc 591 andFcbruasy. 2'7, 1915 +rJ fdpot 92 at P ge 391. :+.a. } • ::lb:''1;3ghtt f way ea;euiaitt granted to:$o1y CrossEleitile'Associationine: Ininsjru3nentse&Olded 5epiembei=36, 1984 in 13ook456 at Pogo:'•. ,:::.:. 418 and ill instrument recorded Oetober 30,1984 in Book 659 at Page 333: s,. •i :11.' Tcims of Garlicld CounlyRtsolutiiii Iso. 8$ 73 recorded May7,1985 iu;Bppk48:at Pagc 212_ : • 12.'Termsoff ooperauveAgreementforPermancntDamagePreventionFenouigrec:prde1Apiil23;:1992'in13ook829:at'Page874, .13• - _ikoadway casement and right of way granted to Noblo Enrrgy, Int. as desorib`ed in iosliument recoiled Apri128, 2 a008 Rccc0pri.No. ::: • ' 747410. ::. : ;•`.. ; ; -; ;.. - t.' �:• : = 14 Pipeline easement and right of way granted to Noble Energy, Inc. as described ininsfivmenl?ecordcd Apri128, 2Q08 asZtec:eptltm Iso. _ ,'7.47411. - • ! 35.:'Con4'ey4riee of one-quarter(25%)pftlle-oll,gasandal) other mineral rights. ini'a#anty;I?eb reoordedtSeptcmber24,•2067?sRocepiion.: • . ': 3No:733698; and any and all assignments iheieof or interests therein. - 1, • 16. Rightof way for County Road 30fi. - i• . _ } 817. Terms, conditions, obligations and all matters set forth in Memorandum of ersi2nd*n Lindg recoicied April 20;2010 as Reception NO.. - : _ •s' 784920. ' ' '. Tom Veljic From: Kelly Cave [kelly@kerstlaw.com] Sent: Monday, July 26, 2010 3:14 PM To: Tom Veljic Subject: Dutton Attachments: Memo of Understanding with County.pdf Tom, FYI --Attached is the Memo of Understanding with the County regarding CR 306. Thanks, Kelly Cave, Esq. Kerst & Associates, P.C. 823 Blake Avenue, Suite 202 Glenwood Springs, CO 81601 (970) 945-2447 ext. 5 CONFIDENTIALITY NOTICE - This e-mail transmission and any documents, files or previous e-mail messages attached to it, may contain information that is confidential or legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not read or play this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender by telephone or return e-mail and delete the original transmission and its attachments without reading or saving in any manner. Thank You. FEDERAL TAX ADVICE DISCLAIMER We are required by U.S. Treasury Regulations to inform you that, to the extent this message (including any attachment) includes any federal tax advice, this message is not intended or written by the sender to be used, and cannot be used, for the purpose of avoiding federal tax penalties under the Internal Revenue Code or applicable state or local tax law provisions. 1 Nye auruio(vv R IV ER L F 0 x R E 12 BATTLEMENT CCS RESERVOIRS u s 4 r- . a,vve "•'off O S v. S r• 4 ., _ '' M_ S hf h h. — v sae 0 S L_ 8L d a b S .-ria-ur , sa, autmorov 1 $0,i1 r -'-71 n rt .6% J 14 .4:71 6) c) ri ‘tz 1 J to 4 1 , ....,f :t , , r.3.1 ;J u ,.,. �r s— J 0 0 ci- OL 0 etn 8uiuiorpV O a B L.Y. o ��� + O e 0I.O � o O m® H Rm./ 740168 ,fir 40. . I p 2 I Adjoining 2409A A 2409- '3-00-173 2406-344-00-147 Z of,_ ® , . , N ; i 6 „.„._ It Q am!I 'o id 0 g $ > O 0 © U U ..... -. _. of .... d i 0 0 \. VP og T t .o °4' 00 ii a'ga'$ a S.1. � N,..,0 o` L Cdr a 4aO 0 0 1. .i n „ O- m o `` 71 _p, « r 1 $0,i1 r -'-71 n rt .6% J 14 .4:71 6) c) ri ‘tz 1 J to 4 1 , ....,f :t , , r.3.1 ;J u ,.,. �r s— J 0 0 ci- OL 0 f 3 Said 'fi" P(&31 Sec 'on 1 l/ �\ uhel,�Dutton zfe 1\F�s ate �.`,Lincik I� \\\P;Q BQx58\ �\ etp Castle; 0 \�16�47 \`SeCtion 1/14/11/2/1!,14.1/1441k.(74 I * 4N i �1�!F �4; /9thyinutton/ I Esate\ ¢ d 0bu1 / 4000 cj o //1 *485 \ Paras 'C/;81 �u 0, 6`35 EXHIBIT Section 7 Section 12 Approximate Location of County Line — �- 1 Section 12 J' `A / Y , / /' / /// Tra998 / /'/% .i i ,/:/// : ////:'' /////!r/ // _ / , 72:11;'f/'/,��/ j/,/ , '� ///` / ,/ Remai et/parcet ,„ „/://, </// / / / /$oqk 2$4 Page 305 1 i / / r / //�� %Book 1.7S5,,Pa9e'�.855/ " i/ /,� / ,• Q6tio/n/18 `/ P!4ttori P4r0y�- t 39 / ' // 4"85 396 / /. / / / r / 2'GK r % .// ///araahue 1 SCALE: 1 "= 1000' Section 7 Section 18 / Ga/ C` nt Mesa County / Section 18 / 17777— ,•;._/1 ,ice • / /(////////' ' 'r ////% / // // // / /r t/4r'? ;/// j/, / $ection.4 9 // / ``I" Section 19 Survey Services, Inn • Section 19 "ll W V c'(iC Ativid 3 DATE: SEPTEMBER 4, 2009 JOB NO 081 41 — 02 9 ss' ^r•• vurWEifPtlntlap aud,Starioncry Co.. Colorado Springs, Col.. Toil Oeeb, Made this day of in the year of our Lord one thousand nine hundred and fifty-five between NORMAN E. DUTTON of the County of Garfield and State of Colorado, of the first part, and NORMAN E. DUTTON and MURIEL DUTTON of the County of Garfield and State of Colorado, of the second part; Witnesseth, That the said part y of the first part, for and in consideration of the sum of Ten Dollars andnatural love and affection to the said part y of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha s granted, bargained, sold and conveyed, and by these presents do es grant, bargain, sell, convey and confirm, unto the said parties of the second part, not in tenancy in common but in joint tenancy, the survivor of them, their assigns and the heirs and assigns of such survivor forever, all the following described lot s or parcel s of land, situate, lying and being in the County of Garfield and State of Colorado, to -wit: Parcel No. 1. Lot 7 and the SE4SW4, Sec. 6, T. 8 S., Rg. 95 W., and the SiS'oeotion 1, T. 8 S., Rg. 96 W. of the 6th P.M., containing 160.26 acres, more or less, together with all water and ditoh rights appurtenant thereto. Parcel No. 2. The NINE*, Sec. 12, T. 8 S., Rg. 96 W., and Lot 1 and the NE/1114. S`ec. 7 T. 8 S., Rg. 95 W. 6th P.M.; Also Lot 2, the SE4NW; SW4NE4 and the NE4SW4 Sec. 7, T. 8 S., Rg. 95 W. 6th P.M.; Also W SE , Sec. 7 and the NWjNE* I'Tv and NE-, Sec. 18, T. 8 S., Rg. 95 W. 6th P.M.; all containing 480.80 acres, more or less; Together with all ditch, reservoir and water rights appurtenant to said lands, including, but without limitation, 1035 shares of water in Watson Ditch and Reservoir Company and all interest in and to the First and Second En- largements of the Old Trusty Ditch from Wallace Creek and the water rights adjudicated thereto. Parcel No. 3. The SkiNW Sec. 1, and the SE4N 4 Sec. 2 T. 8 S., Rg. 96 W. and 4;—The-IIRTSThF.SWe and the SE NW4 Sec. 1, and tho NE4SE4'Sec. 2, T. 8 S., Rg. 96 W 6th P.M., together with all water and ditch rights thereunto belonging. Together with any and all water rights, ditch rights and reservoir rights appurtenant or appertaining to any of the above described lands, whether such rights are, specifically described or not. Together with all and singular the hereditaments and appurtenances , thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part y of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. To Have and to Ilold the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor forever. And the said party of the first part, for hints el*l his heirs, executors, and administrators, do es covenant, grant, bargain and agree to and with the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha s good right, full power and 1arrful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever, and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part of the first part shall and will WARRANT AND FOREVER DEFEND, In Witness Whereof, The said part y of the first part ha hand and seal the clay and year first above written. Signed, Sealed and Delivered in the Presence of) s hereunto set his tv STATE OF COLORADO, ss. County of Garfield The forego'ng instrument was acknowledged before me this day of %��� 1955 , by* Pi mum E. DUT'TON Witness my hand and official seal. f; h 0 ' My commission expires March 15th, 1959 c otary Public. 'I( acting In ofacial a represent olive capacity, irsrrt nail. and also office or capa,ity and for whom actin. 11001_ DeeA tit tot I'ILI!4t: STAMP THIS I)EED. Jlndet.hi. i day. of °i ,"/ / .,;s 't, r �bettteen i r — 7E16 „idle t'„nnty of� J l y �{ and Stoic of „!uredo, of the first port and lrhuse legal ress t� APR 26 GARS :itate Dw. M $ -'i ,1 t he ('aunty of ,. t )ti• L ,10,1i „` and State of Colorado, of the. second part: ii'ITNESSE' H, T//hitt the said part:: ftht."first irt, for and'' 1 considerati1 n of the sunt of 0, ILLARS, he s id arty o the fust put t ii a m •aid by the said F'art> ytt seem part, the receipt whereof is hereby iirssed and acknowledged, hos granted, bargained, sold and con eyed, and by these presents does grant, bargain, ell, convey and confirm. unto the said party of the second part, his heirs and assigns forever. all the following leserihed Int / or parcel otland, situate, lying and being in the ,'ountr of ,.F�ess and State of Colorado, to -wit: --,— V , 1Z q la (:. i LA § 4>`s�_ lti c \ -- `� yam` / Z y • �z mow- �y ,4v'r %y ,t•; n a> street and number TOGETHER with all and singular the hereditaments and appurtenances thereto helongidg, or in anywise apper 'nd the reversion and reversions. remainder and remainders. rents, issues and profit's thereof: and all the estate. right. title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of, in wilt, the above bargained premises, with the hereditaments and appurtenances. TO HAV t: AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said piu•t�m the second part. his heirs and assigns forever. And the said party of the first part, for himself, his heirs, ;•s<•cut,,r , and a IOi: as(+at0rn, does covenant. f:rant, bargain, and agree to and with the said party of the second part, ins heirs and assigns, that at the time of the annealing and delivery of these presents, he is well seized or the premisett ahoy:• conveyed. as of good, sure, perfect. absolute and indefeasible estate of inheritance, in law, in fee simple, and has ;rood right, full power anti lawful euthority to grant. bargain, eel! and convey the same in manner and form as aforesaid, and that the sante are free and clear from all former and other grants. bargains. sales. liens, taxes, assessments and encumbrances of v 0atl•ver kind or nature soeve1. and the ahoceci bargained premises in the quiet and ,eareable possession of the said party of the second part, his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall include the plural. the plural the si-,cul:u•, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF. the ::,:'d party o f • he first part has hereunto set his hand and seal the da -,v un 1 year first ahoy ywritten•,.� /�� j - /...__.. . i C, ,. STATEuFI tt1.011:A1W ti f4 n r 4hie'fnreghi`ngtK6tiirment nip aekt., •.r 1/4t • AMY AMY 4.1.n !6C+e)7t L \', t: day 5-. SEAL) I! ' . tfiuless m} hams toll official seal. ectijjc. No. 932A.. a':t RHt':"Y I)Ert•.v,.c!,.0-----.IPradfurd Publishing. ',rest 4410 Avenue, Golden. Colorado 80401--(1011.78-0440-9-80 GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.darfield-county.com PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Tom Veljic PreApp DATE: December 24, 2009 PROJECT: Minor (Two Lot) Exemption PARCEL: 2447-121-00-045 COMPREHENSIVE PLAN: Study Area 3 ZONING: Rural OWNER: Nathan Dutton REPRESENTATIVE: Kelly Cave PRACTICAL LOCATION: South of Battlement Mesa on CR 306 in S 12 T 8S R 96 West TYPE OF APPLICATION: Minor (Two Lot) Exemption Plat GENERAL PROJECT DESCRIPTION — The 40 acre site is located approximately 5 miles south of Battlement Mesa off of CR 306. Roadway access to the site is by CR 306 and a private access easement road. The lot contains an existing primary residence with accessory buildings and what appears to be (from aerial photos) outdoor storage and a mobile home. The intent is to divide the property into two lots for single family residences. The proposed water supply is by an existing spring and wastewater disposal will be via ISDS. The Garfield County Geographic Information System Maps identify that portions of the site contain areas of farmland listed as "Prime/Irrigated" and "Prime/If Irrigated". There is an existing spring serving the home and either a shared system or a new well is proposed for the additional exempt lot. The applicant must submit copies of well permits and water contracts to address the ULUR requirement for adequate water for each lot. The applicant should contract with an engineer to verify that adequate water exists for domestic, irrigation, and large animal watering to serve both lots. An application for Minor Exemption was received by the Garfield County Planning Department on May 15, 2009 and a letter of "Not Technically Complete" was issued and mailed to the Applicant on May 21, 2009 stating the inadequacy of the application (copy attached). A portion of the missing documentation was the required Pre -Application meeting and summary. The required Pre -Application meeting was held on the above noted date and the completed summary will be forwarded to the Applicant's representative however, there are other missing documents noted in the NTC letter which must be submitted for a complete application for a Minor (Two Lot) Exemption Plat. During the PreApp meeting documents were produced showing the original parcel existed prior to January 1, 1973 which qualifies for division by exemption. The documentation illustrating the parcel history was provided and this two lot exemption is permitted under the provisions of the Unified Land Use Resolution of 2008. Lot sizes for the proposed Minor Exemption can be no smaller than 2 acres to meet the requirements of the Rural Zoning District standards. A detailed lot configuration for the Minor Exemption was not prepared though a simple east -west division was discussed with two equal 20 acre tracts implied. To continue the review and processing of this application (MIEA 5309) three complete copies of the application are required which address the requirements of the ULUR of 2008 also noted in the NTC letter of May 21, 2009. Once complete applications are received the Planning Department will resume review of the Minor Exemption application. 1. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS: • Garfield County Comprehensive Plan of 2000 as amended • Garfield County Unified Land Use Resolution of 2008 as amended o Article III, Zoning (Rural District) o Article IV, Application and Review Procedures ■ Section 4-101, General Review Process ■ Section 4-102, Consultants ■ Section 4-103 Common Review Procedures • Determination of Completeness (subsection C) • Section 4-104 Administrative Review Process • Public Notice • Evaluation by Director, Referral, and Decision o Article V, Divisions of Land • Section 5-402, Minor and Major Exemptions ■ Section 5-501 (A) Application Materials • Section 5-502, Description of Submittal Requirements • Section 5-502 (C) (7) Minor, Major, Road Split Exemption Plat o Article, VII, Standards • Standards for Subdivisions ■ Physical and Legal Water Supply (Sections 7-104 - 7-106) • Adequate location for on-site ISDS (Sections 7-106 - 7-107) • Adequate Fire Protection (7-403) ■ Adequate Road Access (7-108) o Article XVI Definitions 11. PROCESS In summary, the process will be the following: 1. Pre -application Meeting (held 12/17/2009) 2. Submittal of complete Subdivision Exemption Application 3. Review by staff for Technically Complete (TC) Status (30 working days) 4. Notice of TC to applicant with Decision schedule; Applicant submits copies for referral to reviewing agencies 5. Applicant mails public notice 6. Director Decision date scheduled -referral copies sent to agencies/departments 7. Staff report preparation 8. Director's Decision 9. If approved, the Applicant submits final mylar consistent with approval for signature by the Chairman of the Board of County Commissioners 111. APPLICATION REVIEW Staff for completeness recommendation and referral agencies for additional technical review a. Review by: b. Public Hearing: X Director (Administrative Decision) X Board of County Commissioners (for signature) Board of Adjustment c. Referral Agencies: Garfield County Road and Bridge Garfield County Attorney Garfield County Public Health Garfield County Vegetation Management Colorado Division of Water Resources Town of Parachute School District Fire District Local Utility Providers Other agencies determined by the Director IV. APPLICATION REVIEW FEES a. Planning Review Fees: $__300.00_,_ b. Referral Agency Fees: $ (Separate Check, see attached fee schedule) c. Total Deposit: $,300.00 (additional hours are billed at $40.50 /hour) General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre -application Summary Prepared by: ''Thomas Veljic, AICP Senior Planner A )73 (c Date Attachments: NTC Letter dated May 21, 2009 A digital version of the Subdivision Application is available on-line at; http://www.garfield- county.com/I ndex.aspx?page=1113 Please refer to the sections of the Unified Land Use Resolution of 2008 noted above which is located at; http://www.garfield-countv.com/Index.aspx?page=578 Parcels adjacent to 2447-121-00-045, Nathan Dutton Owner Parcel No. 2447-121-00-075 David Dutton 4852 County Road 306 Parachute, CO 81635 Parcel No. 2447-014-00-080 Linda Marie Dixon & Muriel Dutton (Life Estate) P.O. Box 58 New Castle, CO 81647 Parcel No. 2447-111-00-012 Hyrup Properties LLLP c/o Phyllis J. Hyrup 69 Rampart Parachute, CO 81635 Parcel No. 2447-013-00-003 Connie A. Murray 2620 West Vine Drive Fort Collins, CO 80521 Parcel No. 2447-014-00-044 Dutton Family Limited Liability Partnership 4852 CR 306 Parachute, CO 81635 Mineral interests: United States for coal reserves under Patent recorded February 27, 1915 in Book 92 at Page 341 as Reception No. 51286. No mailing address provided. Form No. GWS -25 APPLICANT OFFICE OF THE 6TATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 NATHAN N DUTTON 4000 CR 306 PARACHUTE, CO 81635- LIC WELL PERMIT NUMBER 279469 DIV. 5 WD45 DES. BASIN MD APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SE 1/4 Section 1 Township 8 S Range 96 W Sixth P.M. DISTANCES FROM SECTION LINES 1120 Ft. from South 2240 Ft. from East Section Line Section Line (970) 285-1920 PERMIT TO CONSTRUCT A WELL UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: ISSUANCE OF THIS PERMIT. DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water 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 well on a tract of land of 40.00 acres described as the SW 1/4 of the SE 1/4, Sec. 1, Twp. 8 S, Rng. 96 W, Sixth P.M., Garfield County. 4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than three (3) single family dwellings, the watering of poultry, domestic animals and livestock on a farm or ranch and the irrigation of not more than one (1) acre of home gardens and lawns. 5) The pumping rate of this well shall not exceed 15 GPM. 6) 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. 7) This well shall be constructed not more than 200 feet from the location specified on this permit. NOTE: Expired permit no. 113990 was previously issued for this lot. • • i APPROVED JSG Receipt No. 3635705 f l State Engin / By DATE ISSUED 12-15-2008 EXPIRATION DATE 12-15-2010 , WATER WELL SHARING AND MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered into on this day of 2010, by and between Nathan Dutton ("Nathan") and Colin Dutton ("Colin"). WHEREAS, Colin owns Lot 1 and Nathan owns Lot 2 of the Dutton Subdivision Exemption according to the Dutton Subdivision Exemption Plat recorded on , 2010 in Book at Page in the real estate records of the Garfield County, Colorado Clerk and Recorder's office. Lot 1 and Lot 2 are collectively referred to as the "Lots." WHEREAS, the current owners of Lot 1 and Lot 2 and their successors in interest are to be the joint owners of a water well constructed under Colorado Division of Water Resources Well Permit No. 279469 (the "Well") and shall be joint owners of the water well and casing as constructed and installed and of the water to be diverted by said well system for providing ordinary household use in up to three single-family dwellings, irrigation of up to one acre of home gardens and lawns, and the watering of domestic animals, poultry and livestock, on the respective properties of the parties; and WHEREAS, the Well and casing and pump shall be utilized by said owners as a lawful water right; and WHEREAS, the Well and water system required is drilled and completed and will require continuing maintenance and operation, the costs of which must be borne by the owners and users thereof; and WHEREAS, said owners as parties hereto desire to enter into this Agreement for the purpose of clarifying respective rights and duties and establishing recorded non-exclusive easements and procedures for jointly operating the Well and delivering water to the Lots, for providing a method for equitably dividing the water derived from operation of the system, and for equitably allocating the shared payment of costs of operation and maintenance of the water well and its pump and other structures by all of the parties. NOW THEREFORE, in consideration of the mutual obligations, promises, and covenants set forth herein, and the due performance thereof, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, including but not limited to the acceptance of the benefits and detriments deriving herefrom, the above-named parties agree as follows: 1. Each of the respective owners of Lot 1 and Lot 2 shall be deemed to own an undivided one-half (1/2) share of the subject well permit, Well, pump, fittings at the well head, meters (whether existing now or to be installed at a later time), pump house, foot valves, and any pipes or pipelines and any other structures which are jointly used. 2. No owner of the Lots are deemed to have any ownership right in and to any pipe, pipeline or other structure used or required solely by the owner of another of the Lots which may utilize any portion of the water flowing from this water well and its structures. This Agreement does not intend to relate to such individually owned or used rights or structures. Nothing in this Agreement shall be construed to give any party any rights to such non-shared property of other parties nor to obligate any party to pay any costs associated with non-shared structures. 3. The parties shall cooperate with each other at all times in all matters necessary to promote the proper construction, completion and functioning and use of the water system in such manner as to provide to their respective uses an optimum water supply on demand at all times possible based upon the natural availability of water. The parties agree to not waste water and to endeavor to use no more than their respective shares of the available water. Waste or over-use shall be deemed to be a material breach of this Agreement for which the non-defaulting party may seek remedy at law or equity for damages or for injunctive relief, or both. Unless otherwise agreed by each owner, no owner of one of the Lots shall use more than one-half (1/2) of the water legally allocated to the well (i.e. 7.5 g.p.m.). In the event the water physically available from the well is less than the legally available amount, then each owner shall proportionately reduce the consumption of same to one-half (1/2) the amount actually available. In no event shall the well be pumped at a rate exceeding the permitted amount. Any household use of the well water must provide for return flow through an individual sewage disposal system of the non-evaporative type, returning the water to the watershed in which the well is located. 4. The actual and continuing costs of operation, maintenance, extension, upgrading, cleaning, repairing and all other work required on shared components of this water system to cause the water at the well to become and remain available to deliver water to the parties shall be shared by the parties in proportion to their share in the Well. This Agreement shall relate only to costs incurred after the date hereof. Electrical charges for the operation of the Well and any augmentation water, if necessary, shall be shared equally. 5. Subject to the provisions in paragraph 4, above, any party who has been using water from this system and at any time elects not to share in costs, necessary repairs, maintenance, replacement, and similar requirements which are necessary to maintain the water well and deliver the subject water, shall not receive water from the system. At such time as said electing party chooses to resume use of water from the system said party may do so upon reimbursement to the other user the full cost of said party's share of such expenditures with legal interest retroactive to the expenditure date. 6. The owners agree to cooperate in the future maintenance, operation, repair, replacement or improvement of all common facilities. In the event the owners are unable to agree on any required maintenance, repair, replacement or improvement, any owner shall be entitled to undertake the minimal maintenance, repair, replacement or improvement necessary and essential for proper functioning of the common facilities. In the event an owner determines to undertake such work unilaterally, such owner shall notify the other owner in writing. The owner undertaking the work shall, upon completion, provide the other owner with a written statement of work performed and the other owner's proportionate share of the cost of same. In the event an 2 owner fails to pay the proportionate share of any amount due within thirty (30) days after presentment, the owner which has paid such cost and expense shall be entitled to pursue any remedy available at law or in equity for a breach. The court, in its discretion, may award to the prevailing party court costs and attorney's fees incurred. 7. Nathan and Colin as the owners of the Lots, hereby grant and dedicate across that portion of Lot 2, Dutton Subdivision Exemption, designated on the final exemption plat thereof, as necessary and sufficient for this Agreement to be performed for the benefit of the respective owners of Lots 1 and 2, as users of the shared well, pump, and common pipeline and treatment system, and also grant a non-exclusive easement for non-shared or individual pipelines conveying water to the respective Lot over and across the easement. Said Easement shall be forty (40) feet in diameter, the center of said Easement being the well as constructed and existing on the date hereof. The Owners of the Lots shall not install any improvements in the easement area that may affect the use and operation of the well and pipelines including but not limited to structures of any kind, trees or other landscaping other than grass or easily removable and replaceable landscaping. 8. Each party agrees to not interfere at any time with the proper use by any other party of its interest in any water structure and shall indemnify and hold harmless all other parties and users from any loss or damage or injury caused by the acts of said indemnifying party. 9. This Agreement shall be binding upon and inure to the benefit of the parties, their heirs, devisees, executors, administrators, assignees, transferees, and successors in interest, and the easements and covenants granted or agreed to herein shall be deemed to run with the land and shall encumber the land of each party for the benefit of the properties of the parties as described herein. Upon execution by the parties, this Agreement shall be recorded in the records of the Garfield County Clerk and Recorder's Office, and shall run with the lands identified herein. 10. This Agreement embodies the entire and complete agreement of the parties on the subject matter herein. No promise or undertaking has been made by any party, and no understanding exists with respect to the transaction contemplated, except as expressly set forth herein. All prior and contemporaneous negotiations and understandings between the parties are integrated and merged into this Agreement. 11. This Agreement may be amended from time to time by a written instrument executed by the owners of the Lots. 12. The laws of the State of Colorado shall govern the validity, effect and construction of this Agreement. IN WITNESS WHEREOF, the parties have signed this Agreement on the date stated above. Nathan Dutton Colin Dutton 3 STATE OF COUNTY OF The foregoing instrument was acknowledged before me on this day of , 2010, by Nathan Dutton. Witness my hand and official seal. My commission expires: STATE OF COUNTY OF Notary Public The foregoing instrument was acknowledged before me on this day of , 2010, by Colin Dutton. Witness my hand and official seal. My commission expires: Notary Public 4 September 16, 2008 Colin Dutton 4000 Cty Rd 306 Parachute, CO 81635 Dear Mr. Dutton. GRAND VALLEY FIRE PROTECTION DISTI 1777 S. BA 1-1LEMENT PARKWAY. PO BOX 295 PARACHUTE, CO 81635 PHONE: 285-9119, FAX (970) 285-9748 This letter i$ -to -provide you with approval of a water supply from the Grand Valley Fire Protection District on the above listed property. The property does have adequate water supply to the location with the spring fed pond and the Hyrup ponds which are located within reasonable distance. Both of the water supplies are accessible by our fire apparatus and if the need arises we are able to shuttle water in for any fire emergency on the property. If you should have any further questions please feel free to contact me. Rob Ferguson,i' Deputy Fire Chief - Operations Grand Valley Fire Protection District Office: (970) 285-9119 Fax: (970) 285-9748 email: of dos so.ris.n.et Cc: Fire Chief Blur File ATTORNEYS DAN KERST dan@dankerstpc.com KELLY CAVE kelly@dankerstpc.com Tom Veljic Garfield County Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 Re: Dutton Exemption File #: 13519 Dear Tom: DAN KERST, P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 823 BLAKE AVENUE, SUITE 202 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-2447 FACSIMILE: (970) 945-2440 June 2, 2010 PARALEGAL ELISABETH GETZEN egetzen@dankerstpc.com I am writing on behalf of my client, Nathan Dutton, in response to your letter dated May 13, 2010, declaring the application technically incomplete. Attached are the following documents for your review: 1. Title Commitment from Stewart Title 2. A letter dated June 2, 2010 from Colorado River Engineering 3. Copies of updated well permit applications submitted to the Colorado Division of Water Resources 4. Well Sharing Agreement with a blank for the new well permit number 5. Three (3) full size copies of the plat map. Mr. Dutton hired Colorado River Engineering to provide the water quality and quantity analysis. It took a few weeks to schedule a time for the testing (June 3, 2010), and the water quality results are estimated to be returned from the lab in one or two months. We will submit all results prior to execution of the exemption plat. The well permit (#279469) was issued by the Colorado Division of Water Resources in 2008 for Nathan's current well. My client contacted the Division to discuss the error in the physical location of the well listed on the permit. The Division informed my client that several wells in this area have incorrect locations. To clean up the incorrect location, my client and his brother, David Dutton, need to resubmit their well permit application forms. Apparently, David's current well permit includes a legal on Nathan's property and Nathan's permit has a legal description on his brother's property. Attached are the new well permit applications submitted by Nathan and David. It will take a few weeks for the Division to correct these legal descriptions. The Well Sharing Agreement will include the correct well permit number once it is determined by the Division. The exemption plat has been updated to include the well easement location referred to in the Well Sharing Agreement and revised in accordance with your requests. Finally, it is my understanding that the fifty (50) foot quit claim deed for County Road referenced on the exemption plat has been rescinded. If the Garfield Board of County Commissioners has signed off of this removal or modification, we will need to update the plat before execution. Please let us know the status of this matter. Please contact me with any questions. Yours very trul KELLY xc: Nathan Dutton (w/o enclosures) VE stewart title View your transaction progress 24/7 via SureClose. Ask us about your login today! Glenwood Springs Division 1620 Grand Avenue Glenwood Springs, Colorado 81601 Phone: 970-945-5434 Fax: 1-800-886-2330 Date: Order Number: Buyer: Seller: Property Address: March 22, 2010 926304 Nathan N. Dutton 4000 County Road 306, Please direct all Closing inquiries to: Search Report SELLER: Nathan N. Dutton 4000 County Road 306 Parachute, Colorado 81635 LISTING BROKER: Nathan N. Dutton 4000 County Road 306 Parachute, Colorado 81635 Phone: Parachute, CO 81635 Please direct all Title inquiries to: Susan Sarver Phone: 970-945-5434 or 866-932-6098 Email Address: susan.sarver@stewart.com SELLING BROKER: Phone: We Appreciate Your Business And Look Forward to Serving You in the Future. ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by stewart .title guaranty company Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a valuable consideration, 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 in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. 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 by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Countersigned: Authorized Countersignature Stewart Title Glenwood Springs Division 1620 Grand Avenue Glenwood Springs, Colorado 81601 Phone: 970-945-5434 Fax: 1-800-886-2330 stewart title guaranty company Senior Chairman of t e Board Chairman of the Board President Order Number: 926304 ALTA Commitment (6/17/06) rrg COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: February 19, 2010, at 7:30 A.M. 2. Policy or Policies To Be Issued: (a) A.L.T.A. Owner's (Standard) Proposed Insured: (b) A.L.T.A. Loan Order Number: 926304 Amount of Insurance $ TBD 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the referenced estate or interest in said land is at the effective date hereof vested in: Nathan N. Dutton 5. The land referred to in this Commitment is described as follows: Township 8 South, Range 96 West, 6th P.M.: Section 12: NW1/4NE1/4 County of Garfield, State of Colorado Purported Address: 4000 County Road 306 Parachute, Colorado 81635 Order Number: 926304 ALTA Commitment (6/17/06) — Schedule A Title Officer: Susan Sarver Page 1 of 1 Statement of Charges: These charges are due and payable before a Policy can be issued: Search Fee: Search Fee: $250.00 stewart title guaranty company COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 1 REQUIREMENTS Order Number: 926304 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 4. Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of receipt of this title commitment 5. NONE NOTE: This product is for informational purposes only. It is not a title insurance product and does not provide any form of coverage. This product is not a guarantee or assurance and does not warrant, or otherwise insure any condition, fact or circumstance. This product does not obligate this Company to issue any policies of title insurance for any subsequent transaction based on the information provided or involving the property described herein. This Company's sole liability for any error(s) relating to this product is limited to the amount that was paid for this product. Order Number: 926304 ALTA Commitment (6/17/06) — Schedule B 1 Page 1 of 1 stewart title guaranty company COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 2 EXCEPTIONS Order Number: 926304 The policy or policies to be issued will contain exceptions to the following 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. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not 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 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 thereon covered by this commitment. 6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and unredeemed tax sales. 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 10. Reservations or exceptions contained in U.S. Patents, or in Acts authorizing the issuance thereof, recorded February 27, 1915 in Book 92 at Page 341 as Reception No. 51286 reserving 1) Rights of the proprietor of a vein or lode to extract and remove his ore therefrom and 2) rights of way for ditches and canals constructed under the authority of the United States. 11. Matters disclosed in the Quit Claim Deed recorded April 8, 1958 in Book 307 at Page 534 as Reception No. 201167. 12. Service Plan for the Organization of the Parachute/Battlement Mesa Park and Recreation District, recorded January 20, 1983 in Book 617 at Page 266 as Reception No. 336199, insofar as to how it Order Number: 926304 ALTA Commitment (6/17/06) — Schedule B 2 Page 1 of 2 title guaranty company stewart may affect subject property. 13. Map County Road through Kennon and Dutton in 11 & 12-8-96 filed for recorded May 14, 1958, Plat Book 2 #52, as Reception No. 201541. 14. Holy Cross Electric Association, Inc. Right -of -Way Easement, recorded September 10, 1984 in Book 656 at Page 418 as Reception No. 355523. 15. Holy Cross Electric Association, Inc. Right -of -Way Easement, recorded September 10, 1984 in Book 659 at Page 333 as Reception No. 355934. 16. Cooperative Agreement for Permanent Damage Prevention Fencing, recorded April 23, 1992 in Book 829 at Page 874 as Reception No. 434036. 17. An oil, gas and mineral lease, executed by Muriel Dutton as lessor and TBI Production Company as lessee, recorded May 22, 1997 in Book 1019 at Page 538 as Reception No. 508606 and any and all assignments thereof, or interests therein. 18. An oil, gas and mineral lease, executed by Nathan N. Dutton and Edith M. Dutton as lessor and Apollo Energy, LLC as lessee, recorded July 27, 2004 in Book 1608 at Page 6 as Reception No. 656688 and any and all assignments thereof, or interests therein. 19. Roadway Easement Agreement, recorded April 28, 2008 as Reception No. 747410. 20. Pipeline Easement Agreement, recorded April 28, 2008 as Reception No. 747411. Order Number: 926304 ALTA Commitment (6/17/06) — Schedule B 2 Page 2 of 2 stewart title guaranty company STG Privacy Notice 1 (Rev 01/26/09) Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information Do we share? Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. Yes No For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and nonfinancial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company Yes No For our affiliates' everyday business purposes— information about your creditworthiness. No We don't share For our affiliates to market to you Yes No For non -affiliates to market to you. Non -affiliates are companies not related by common ownership or control. They can be financial and nonfinancial companies. No We don't share We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with a non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] Sharing practices How often do the Stewart Title Companies notify me about their practices? We must notify you about our sharing practices when you request a transaction. How do the Stewart Title Companies protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal and state law. These measures include computer, file, and building safeguards. We collect your personal information, for example, when you • request insurance -related services • provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. How do the Stewart Title Companies collect my personal information? What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact Us If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 Order Number: 926304 DISCLOSURES Order Number: 926304 Note: Pursuant to C.R.S. 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: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to C.R.S. 10-11-123, notice is hereby given: A. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B. That such mineral estate may include the right to enter and use the property without the surface owner's permission. This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. Order Number: 926304 Disclosures Stewart Title DISCLOSURE The title company, Stewart Title - Glenwood Springs Division in its capacity as escrow agent, has been authorized to receive funds and disburse them when all funds received are either: (a) available for immediate withdrawal as a matter of right from the financial institution in which the funds are deposited, or (b) are available for immediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn. The title company is disclosing to you that the financial institution may provide the title company with computer accounting or auditing services, or other bank services, either directly or through a separate entity which may or may not be affiliated with the title company. This separate entity may charge the financial institution reasonable and proper compensation for these services and retain any profits there from. The title company may also receive benefits from the financial institution in the form of advantageous interest rates on loans, sometimes referred to as preferred rate loan programs, relating to loans the title company has with the financial institution. The title company shall not be liable for any interest or other charges on the earnest money and shall be under no duty to invest or reinvest funds held by it at any time. In the event that the parties to this transaction have agreed to have interest on earnest money deposit transferred to a fund established for the purpose of providing affordable housing to Colorado residents, then the earnest money shall remain in an account designated for such purpose, and the interest money shall be delivered to the title company at closing. CONDITIONS 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 acquired 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 and 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. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. 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. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.org. stewart title guaranty company All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. rdk LII ENGINEERING INCoePo+t a rE1 June 2, 2010 Kelly Cave, Esq. Dan Kerst, P.C. 823 Blake Avenue, Suite 202 Glenwood Springs, CO 81601 RE: Job # 836- Dutton Exemption— Water Supply Dear Ms. Cave, Colorado River Engineering, Inc. has started the water supply review for the 2 -lot Dutton Exemption subdivision. The purpose of the review is to conform to Garfield County Regulatory Requirements (7-104B) that establish the need to demonstrate that the water supply has adequate quality, quantity, and dependability for the proposed use. The subdivision will use the existing well serving the Dutton home to supply the new lot. Preliminary review indicates the well yield exceeds the demands and has sufficient yield to supply the new lot. Work underway by Colorado River Engineering as part of the review includes: 1) Well Permit Review - The legal supply for the well is covered under an exempt well permit. The project proposes using the exempt permit limits that allow service up to three residences, 1 -acre of irrigation, and watering of domesticated animals. Prior to project platting a well sharing agreement will have to be developed as well as the appropriate easements for access to the well and water facilities. 2) Water Quantity — A 24-hour well pump test is scheduled to commence on June 3rd, 2010. Colorado River Engineering will oversee the test and collect drawdown and recovery water level data. 3) Water Quality — Water samples will be taken during the pump test and sent to a laboratory for independent water quality analysis. The results of the review will be summarized in a letter report. If you have any questions, please do not hesitate to call 970-625-4933. Chris Manera P.E. CM:cm Cave6-2-2010.doc 1 P.O. Box 1301 • Rifle, CO 81650 • Tel. 970-625-4933 • Fax 970-625-4564 01/15/2008 03:37 9702851920 NATE DUTTON PAGE 01/02 COLORADO DIVISION OF WATER RESOURCES AEPARTMENT Or NATURAL RESOURCES 1313 SHERMAN,ST.,.RM 81.8„DENVER, CO 80203 phone - Into: (303) 8663587 nlain: (303) 066-3581 fax; (303) 8663589 ,. httpJ/www,water.state.co.us , Office Use OnlyForm GWS -44, (07/2008) RESIDENTIAL Note: Also Use this form to apply for livestock watering Water. Well Permit Application Revies form Inatriictlona prior to'cvmpleting ferm. olid plated in black or blu®Ink or typed, 'The f�p must ba is , 6. Use Of Well check applicable boxes) rr 1. A Ilcant Info rnationpp •See'Inslrucllonato determine uses) for which you may qualify 0 AOinary (no outside uueh) ld use in one single-famV+ato 1 ily „ ng D. Ordinary household use in 1 to 3 single-famlly dwellings: • Number of dwellings:.• Name ofam:Alpnt - 3D •1 Y d:Aoics4Y% state e.61, zip tole 4 3 5 gj, Home garden/lawn irrigation, not to exceed one acre: area Irrigated . 0 a sq. ft. ■ acre .w. Telephone it ” (?71) )t—) 9,, e Elllai! (optional dt Domestic animal weltering -- (non-commercial) ❑ C. Livestock watering (on farm/ranchirange/pasture) 2. Type Of Application (check applicable boxes) Q., Construct.Rew.well .- 0 Changs source (aquifer) 0 Replace existing well la Reappllcatlon,(explrod permit) O'(lse'exlsting well ❑ Rooftop precip, C011ectlonMaximum Change or Increase use 0 Other:; 7. Well Data (proposed) ; _ . µmm— pumping rake r_- !gpm teat OW(! Annual amount to be withdrawn ././acre feet Aaulrer 3. Refer To'(if applicable)�aepin Well permit N ' Weser Court case r) 8. Water Supplle.r Designated Basin Determination ri ' well rame of -- 1 _ Is i—_- a, _ Is thla perces within boundaries of a water a®rvice area? DYES '❑ NO If yes, 'provide name of suppller: 9. Type Of Sewage System _ �. �..- --- --- -- -- �— - - - --- r— -- or Septic tank / absorption teach ,field ❑Central system: District name • • Vault: Locatlon sewage to be hauled to: 0 Other (attach copy of engineering design and report) 4..Locatlon Of Proposed Well (Important! See InstructloneL Count, 'r— ® - ' : . il At til 114 or the A E 1/4 di • ctlon Township N or S [/L.,, ❑ Range E or W L ■• Principe/ Meridian t f / .r./ . „� - 0iste� ncd d well iom e Ir es (such fines are u,prwilly not property In Ft. from ll�N 0 S, FL from l Q W X1 5 / 8 t �.- .,...— ForraplacArYrentwNlsonly-dlatanceanQtlirecttonrromoIdw&ltonewweil feet direction 10. Proposed Well Driller License #(optional); _11. Signature Of_Appll_ca_n_t(s_)_Or_Aut_horized•Agent _ The making offals® statements herein constitutes -perjury Inthe second degree, which is punishable as a class 1 misdemeanor pursuant to C.R.S. 24-4..104 (13)(a); I have read the Shatements herein, know the contents thereof and state that they: are true to my knowledge. ' Wei location address (Include Ciy, Siete, Zip) t neclt if well eddre is same as in Item 1. . ptfonal: GPS well locator informs lot In UTM ormet. GPS unit settings areas follows: gliii nere (Must be orifi naTsignoturre) • • • 'Date Vim,/ /7 • t4/ <... 11:7:46:10 Format must be UTM 17 Zone 12 or fa Zone 13 . Eesting: Unita Must be Meters Datum must be NAM Northing: .... ,' Printre URIs ,�[ rf/M,V Af � lQ/% �(.l (�d ki J Unit must be set to true north Was OPS unit ohooWrd for obaw? Es �'' Remornb Or to set [Saturn to•NADa3 OfflCe'Use On y - 5.. Parcel On Which Well WiII Be Located (YOU MUST ATTACH A CURRENT DEED FOR THE SUBJECT PARCE! USbS wisp -name ' • AQUAMAP WE WR CW C8 'Mk, MYLAR SBD mpp no. I Receipt area only DN WD BA�„_ 7,^v JU4Bw Av- MD A You must check and complete One Of the following: ❑ Subdivision:'Nellie Lot • Block • • Filing/Unit or County exemption (attach copy of county approval & survey): Name/# • • • Lot # • ❑ Parcel, less than 35 acres., not in a subdivision, attach a deed with metes and bounds description recorded prior to June 1, 1972, and. a current deect 0.iMining claim rested,* copy of the deed or surwyy Name/i# IV SSquare 40 acre parcel as described in Item 4 ❑ Parte! of 35 Or more acres (attach a metes and bounds descripdonor survey) 0 Other (lateen metes s, hounds deacripuon or survey and eupporting documents) B. 0 of scree In'percel e � youth® owner of this peresi1 ik7 Afr.-.-,...e1-ur. rEs 0 NO (if no - see Instructions) D. Will dila be rho only well on na pemcat? EB IiiNO (if no - list other wells) --------------.v__.__,.r-,,,-....,,., ,,., E. State Parcel IDR (optional): 01/15/2008 03:37 9702851920 NATE DUTTON PAGE 02/02 COLORADO DIV !PON OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHER.MAN ST . RM 61 B, DENVER, CO eozo3 phone -Int,: (303)1513$.36R7 main; (3x13) 66t3 -35H1 tftx; (303) 1166JSf39 httpJ/wnrw,v�te,r.atete,co,trs RESIDENTIALIAL N,: AS r:i,oapplyfur llvttct:.u4.,va+.e,.ing Water Weli Permit Application Revietw form Instructiors* prior to c ampleting form, Tho forte must be completed in black or blue Ink or.typod. information ;riot erap911 ,r5.2 r " Fre' Zees /969c ie ..,,,., cif L--e(A ro) 2. Type Of Application (check applicable boxes)_ . f GQrsstrucl new wail 0 Change arm oe (atlx!aitE; 0 Regatetae existing well Use existing well CRA 6 W int: �q use Refer To (if applicable) ,!a�petrrtl�T_ - :vvonviCcuiicenii Office !Jae C?nly Form GWS -44 (07/2O(7Sti ) Reappkcatlon {expI?. permit) 0 Rooftop prer_lp. collection 0 Other; 80670 jrae gTnated 8eoetnm irQtlt n 7 •-�'"fi Nw) nam 4r Bt -- . w...__ . _.,�,.__ _._. 1 4. Location Of Proposed Welkin rtent! See Inatrut iofta, • v."viia�fil� "Fi'sr�.. fiaat9e ra w ,�- Fif.i�;{)�eienr. an e iis�xks oi'walf�rut, a,:a to ee-e (a90t e". lMea are ryp:emy net prr r;;Ti.; 4115 HF< pert BIN 0 S /j Os Q Ft. from t F. 0 w F v1' ; ap'.ffiarnirt,i Mss i�nly - o�ateriG+r ane dturcr"3tm from oi'iZnaf'to7rwr wait feet__ _ _ d4ractlryn �vaC lasvc9tut a5ttraw (S+Niutra C$ y, .Sterte, 2GPJ Ca,.ch '1 W epdWant reaa is ma ai a, f 6. Jia OP (check P(Slicabl�r boxe See iratrustione to lietarroine use(s) for 1nt1ich you may quallf, [ A. ;Ordinary hooserr pfd use in one sins le-Iswtity dtveUki (no outside u;tii IS 0. Ordinary 1ltatrt+ehoia use irr 1 to 3 3Incle-farnity dwelfiatr,)a: Number of dww)Arini a-- �) ticmd gar l nfl w i irris,atlon, not to exceed one acre; area trrl)aied 0 sq.. ft. 0 acre al Domestic animist Mitering..- (non-commercial) ( C, Liweatock watal'snag (nn roan/rarlcnrranytr/pagture9 7. Well.Date (proposed) f gem p arse -fee al ;9apth A,,iu'iar /85 teat 8. Water Supplier 19 this pttrCei Within bolintlltrl@fs pf A Wlt1r!r -Jr-Grey-Tee7755i1E1,10— It.zisi provide name of suettayr, . 9, Type Of Sewage System, �iap• tic tank f absorptian leach field 0 Contra) systo n; 1)i5ttict name: ! ,] vatdt: Location sew:'a!e to be hauled' to: 0 Other (amici! ropy of engineering deoign and report) 10. Proposed Well Driller Li!cerlo (a t► rran� �� 11. Signature Of Appiicant(s r Autttorized Agent The snaking of False steterne ifs tierekt oont;titutes perjury In it+e.setond egret, which la pt:nisha trie as a class t misdemeanor pursuant to C.R.S. 24.4-104 i13')(a), 1 have rend m nts herein, know the contcrus thereof route r and state ha a" ttlex are tie to myknowle44 ? ' u .__._r.... aittrat tiPs;imita;Nt iorntirAUrn for U4M 1oprita CPS unit aattl+_ ted tta foilrnW; Fomwt roust ri rue tr T • .._. __— ( O Zara 12 or 0 Zona t3 • Untta pug rs MOWS Dp,t,n amid Oa MACtd3 NvrthiaQ; ---....-- ufo.. mist t1D Set 0)111.1O r.Qhih, QPs tristhatha4 t)( abovar YG$ ltantember toilet Down -eft NAL183 . Parcel On Which Weil Will Be Located (VOL) MUST ATTACH A CURRENT DEED FOR MC SUBJECT- PARCEL) A, You must check and complete one of the following; • Suttivision. Name • LICA _ ._..---,------- Stook Filing/Unit .__...__._..,,:. ( County exemption (attach copy o/county approval & taur y): Nernst# • L,ot of • Parcel less than 36 acres, NA in e subdivision, ®Stech a deed with metes aztJ bounds description recorded pito( to ',!una 1, 1972, and a current dei5x2 O Mining cleirrltttscn a eeey ,pr tit:, dee* nr a> t471F_ Fume/r$ " yM 110 Square 40 ncsiti parcel es described in Itrrrl 4 O Perces of 36 or mor res (attach a rriaiao ar,d Aownas t9eaalNhcfl o�rvtt}) • mer tattecll mef)a 4 Oouraaa desorption or survey eM'uppon.% tlOcurra its) a aetsoraainp■tie C. NO yuu vianermr!fel putout' -'--- _RsAt.„_.—_,-.,.....-.,._._ :Oros (tet .'d0(If lY!-Boa InSIIVIOIC4119 ... _.,. _..... __........ 6, Wtt!!h!e r* the any sinal; x+:hrra pwcar9 'ff$ No (If no !fat Distar watt) a,3flora Ilse Only_ _ .. i'jltl map nsni i _.._ w;t CWCO TgaC! MY1,4f1 FAS Receipt area only V IV WD __ . BA r„- hill WATER WELL SHARING AND MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered into on this day of 2010, by and between Nathan Dutton ("Nathan") and Colin Dutton ("Colin"). WHEREAS, Colin owns Lot 1 and Nathan owns Lot 2 of the Dutton Subdivision Exemption according to the Dutton Subdivision Exemption Plat recorded on , 2010 in Book at Page in the real estate records of the Garfield County, Colorado Clerk and Recorder's office. Lot 1 and Lot 2 are collectively referred to as the "Lots." WHEREAS, the current owners of Lot 1 and Lot 2 and their successors in interest are to be the joint owners of a water well constructed under Colorado Division of Water Resources Well Permit No. (the "Well") and shall be joint owners of the water well and casing as constructed and installed and of the water to be diverted by said well system for providing ordinary household use in up to three single-family dwellings, irrigation of up to one acre of home gardens and lawns, and the watering of domestic animals, poultry and livestock, on the respective properties of the parties; and WHEREAS, the Well and casing and pump shall be utilized by said owners as a lawful water right; and WHEREAS, the Well and water system required is drilled and completed and will require continuing maintenance and operation, the costs of which must be borne by the owners and users thereof; and WHEREAS, said owners as parties hereto desire to enter into this Agreement for the purpose of clarifying respective rights and duties and establishing recorded non-exclusive easements and procedures for jointly operating the Well and delivering water to the Lots, for providing a method for equitably dividing the water derived from operation of the system, and for equitably allocating the shared payment of costs of operation and maintenance of the water well and its pump and other structures by all of the parties. NOW THEREFORE, in consideration of the mutual obligations, promises, and covenants set forth herein, and the due performance thereof, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, including but not limited to the acceptance of the benefits and detriments deriving herefrom, the above-named parties agree as follows: 1. Each of the respective owners of Lot 1 and Lot 2 shall be deemed to own an undivided one-half (1/2) share of the subject well permit, Well, pump, fittings at the well head, meters (whether existing now or to be installed at a later time), pump house, foot valves, and any pipes or pipelines and any other structures which are jointly used. 2. No owner of the Lots are deemed to have any ownership right in and to any pipe, pipeline or other structure used or required solely by the owner of another of the Lots which may utilize any portion of the water flowing from this water well and its structures. This Agreement does not intend to relate to such individually owned or used rights or structures. Nothing in this Agreement shall be construed to give any party any rights to such non-shared property of other parties nor to obligate any party to pay any costs associated with non-shared structures. 3. The parties shall cooperate with each other at all times in all matters necessary to promote the proper construction, completion and functioning and use of the water system in such manner as to provide to their respective uses an optimum water supply on demand at all times possible based upon the natural availability of water. The parties agree to not waste water and to endeavor to use no more than their respective shares of the available water. Waste or over-use shall be deemed to be a material breach of this Agreement for which the non-defaulting party may seek remedy at law or equity for damages or for injunctive relief, or both. Unless otherwise agreed by each owner, no owner of one of the Lots shall use more than one-half (1/2) of the water legally allocated to the well (i.e. 7.5 g.p.m.). In the event the water physically available from the well is less than the legally available amount, then each owner shall proportionately reduce the consumption of same to one-half (1/2) the amount actually available. In no event shall the well be pumped at a rate exceeding the permitted amount. Any household use of the well water must provide for return flow through an individual sewage disposal system of the non-evaporative type, returning the water to the watershed in which the well is located. 4. The actual and continuing costs of operation, maintenance, extension, upgrading, cleaning, repairing and all other work required on shared components of this water system to cause the water at the well to become and remain available to deliver water to the parties shall be shared by the parties in proportion to their share in the Well. This Agreement shall relate only to costs incurred after the date hereof. Electrical charges for the operation of the Well and any augmentation water, if necessary, shall be shared equally. 5. Subject to the provisions in paragraph 4, above, any party who has been using water from this system and at any time elects not to share in costs, necessary repairs, maintenance, replacement, and similar requirements which are necessary to maintain the water well and deliver the subject water, shall not receive water from the system. At such time as said electing party chooses to resume use of water from the system said party may do so upon reimbursement to the other user the full cost of said party's share of such expenditures with legal interest retroactive to the expenditure date. 6. The owners agree to cooperate in the future maintenance, operation, repair, replacement or improvement of all common facilities. In the event the owners are unable to agree on any required maintenance, repair, replacement or improvement, any owner shall be entitled to undertake the minimal maintenance, repair, replacement or improvement necessary and essential for proper functioning of the common facilities. In the event an owner determines to undertake such work unilaterally, such owner shall notify the other owner in writing. The owner undertaking the work shall, upon completion, provide the other owner with a written statement of work performed and the other owner's proportionate share of the cost of same. In the event an 2 owner fails to pay the proportionate share of any amount due within thirty (30) days after presentment, the owner which has paid such cost and expense shall be entitled to pursue any remedy available at law or in equity for a breach. The court, in its discretion, may award to the prevailing party court costs and attorney's fees incurred. 7. Nathan and Colin as the owners of the Lots, hereby grant and dedicate across that portion of Lot 2, Dutton Subdivision Exemption, designated on the final exemption plat thereof, as necessary and sufficient for this Agreement to be performed for the benefit of the respective owners of Lots 1 and 2, as users of the shared well, pump, and common pipeline and treatment system, and also grant a non-exclusive easement for non -shared or individual pipelines conveying water to the respective Lot over and across the easement. Said Easement shall be ten (10) feet in diameter, the center of said Easement being the well as constructed and existing on the date hereof. The Owners of the Lots shall not install any improvements in the easement area that may affect the use and operation of the well and pipelines including but not limited to structures of any kind, trees or other landscaping other than grass or easily removable and replaceable landscaping. 8. Each party agrees to not interfere at any time with the proper use by any other party of its interest in any water structure and shall indemnify and hold harmless all other parties and users from any loss or damage or injury caused by the acts of said indemnifying party. 9. This Agreement shall be binding upon and inure to the benefit of the parties, their heirs, devisees, executors, administrators, assignees, transferees, and successors in interest, and the easements and covenants granted or agreed to herein shall be deemed to run with the land and shall encumber the land of each party for the benefit of the properties of the parties as described herein. Upon execution by the parties, this Agreement shall be recorded in the records of the Garfield County Clerk and Recorder's Office, and shall run with the lands identified herein. 10. This Agreement embodies the entire and complete agreement of the parties on the subject matter herein. No promise or undertaking has been made by any party, and no understanding exists with respect to the transaction contemplated, except as expressly set forth herein. All prior and contemporaneous negotiations and understandings between the parties are integrated and merged into this Agreement. 11. This Agreement may be amended from time to time by a written instrument executed by the owners of the Lots. 12. The laws of the State of Colorado shall govern the validity, effect and construction of this Agreement. IN WITNESS WHEREOF, the parties have signed this Agreement on the date stated above. Nathan Dutton Colin Dutton 3 STATE OF COUNTY OF ) ss. The foregoing instrument was acknowledged before me on this day of , 2010, by Nathan Dutton. Witness my hand and official seal. My commission expires: Notary Public STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on this day of , 2010, by Colin Dutton. Witness my hand and official seal. My commission expires: Notary Public 4 DUTTON SUBDIVISION EXEMPTION MAP VICINITY MAP SCALE: 1" = 4000' PARCELS OF LAND SITUATE IN THE NW1/4NE1/4 OF SECTION 12, TOWNSHIP 8 SOUTH, RANGE 96 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO Rifle, Cptaratla 81650 Ph. (970) 625 -.1330 - Fax (970) 62.5-2773 Sury ' Services, Inc. DATE: MAY 13, 2010 JOB NO• 08141-02 111 iii iii iymilliIIIIIP 01l i ij 1 li 1412 ill 11 i 1'1111141111hbililill w 9 1 i ill 1111111 100 ti ,II i 11911/1 11111171111 111 11111 P�i o 4 1 i 1! i iiii I 186 'i ild! i t i 11 FF iii i 1ai y1}2 3 9 �e. l 'I;� 11111111i gm i� igT"erit- 111 z zv¢¢Kx 8 ow 11 ii0;411 NATE DUTTON 4000 COUNTY ROAD NO. 306 PARACHUTE, CO 81635 DUTTON SUBDNIION EXEMPTION Survey Services, Inc e 1111 kFi NS'MAMbV 1411,IWA ICS!. Nit 11111 Reception 784920 04(20/2010 12.56:49 PM Jean Alberino 1 of 15 Rec Fee:SO.00 Doc Fee.0.00 GARFIELD COUNTY CO JUL MEMORANDUM OF UNDERSTANDING `' THIS MEMORANDUM OF UNDERSTANDING is executed between NATHAN N. DUTTON, DAVID S. DUTTON, MURIEL DUTTON, LINDA M. DIXON and DUTTON FAMILY L.L.L.P. (collectively, "Dutton Family"), and the GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS, COLORADO ("Garfield County"). RECITALS A. The Dutton Family is a private land owner in Garfield County owning land legally described as the following: SW'/SE'/< Section 1, T8S, R96W, 6th P.M. SE1/4SE'/4 Section 1, T8S, R96W, 6th P.M. NE'/4NE1/4 Section 12, T8S, R96W, 6th P.M. NW'/4NE1/4 Section 12, T8S, R96W, 6th P.M. ("Property"). B. A road referred to by Garfield County as County Road 306 ("CR 306") runs through the Property. There is a dispute as to the legal title of such road. During the fall of 2008 a contractor for Noble Energy, Inc. entered onto the Property and caused certain damage. C. At this time, the parties support resolving the dispute on CR 306 in a non -litigation setting. The parties anticipate that resolution of this dispute shall include: 1. A Garfield County Board of County Commissioners proceeding that vacates any and all public roads on the Property. 2. A Garfield County Board of County Commissioners proceeding that dedicates and accepts CR 306 as further described below. 3. An easement from Nathan N. Dutton (NW1/4NE1/4 Section 12, T8S, R96W, 6th P.M.) to David S. Dutton and Muriel Dutton (NE1/4NE'/4 Section 12, T8S, R96W, 6th P.M.) for ingress and egress. 4. Certain repairs, revegetation, fencing, traffic controls, restoration and similar of CR 306 as further described below and depicted on the attached maps. D. Garfield County's objective is insuring public access across a portion of the Property. This objective will be met by a public road as depicted on the attached and incorporated Exhibit A. Page 1 of 4 Memorandum of Understanding 1111 I> I1r LNd'tlYil1li0,!M" 11III Recep t i ono : 784920 04/20/2010 12.56:49 PM Jean Albericc 2 of 15 Rec Fee:$0.00 Doc Fee:0,00 GARFIELD COUNTY CO E. The parties execute this Memorandum to memorialize the resolution of this disputc. The parties agree to negotiate and implement the terms of this Memorandum in good faith. TERMS AND CONDITIONS 1. The parties agree to the granting of a public road easement in the SW'/4SE'/4 Section 1 and the NW'/4NE1/4 Section 12 all in T8S, R96W, 6th P.M. as stated and depicted on the attached and incorporated Exhibit B. The right of way for CR 306 shall be 50 feet in width. 2. Simultaneous with the conveyance described in the foregoing paragraph, the parties agree to a vacation of all other public roads within the Property including confirmation that the respective surface owner of the Dutton Family is the owner of all oil, gas, and other minerals underlying any vacated roadway. 3. Also, simultaneous with the conveyance and vacation, there shall be a grant of a private easement for ingress and egress from Nathan N. Dutton (NW'/4NE'/4 Section 12, T8S, R96W, 6th P.M.) to benefit David S. Dutton and Muriel Dutton (NE'/4NE1/4 Section 12, T8S, R96W, 6th P.M.). 4. The parties intend to complete implementation of all provisions of this Agreement no later than one year from the date of this Agreement. 5. The parties' obligations pursuant to this Agreement are in no way contingent upon agreement or acquiescence of the owner of property legally described as the SI/2SW'/4 Section 1, T8S, R96W, 6th P.M_ which is adjacent to the Dutton Family and currently owned by Connie A. Murray. 6. The parties have negotiated and agreed to certain repairs, revegetation, fencing, traffic controls, restoration and similar of CR 306 as depicted on Exhibit A which are material components of this Agreement. These may generally be described as the following: a. Garfield County agrees to repair the sinkhole located on the inside curve of the right of way as it turns southeast on the S W %4SE'/4 Section 1. b. Garfield County agrees to stabilize the slope located in SW'/4SE'% Section 1 from point Cl to point C7 and in the NW'/4NE'/4 Section 12 from point Cl to point C2 by reestablishing the slope and bar ditches particularly along the switchback route, installing a culvert from the reestablished bar ditches under the right of way to connect to Spring Creek, hydro mulching and compacting in the vicinity of points C1 to C7 in SW'/4SE'/4 Section 1 c. Garfield County agrees to remove the old fill dirt and rocks from the sidelines that were left by the contractor for Noble Energy, Inc. in the fall 2008. d. All traffic control signs and mirrors on the attached Exhibit A shall be installed Page 2 of 4 Memorandum of Understanding 1111 KW11,1414,1l,1,415a,1411 1111 Receptionli: 784920 04/20/2010 12:56:40 PM Jean Alberlco 3 of 15 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO and maintained by Garfield County. e. Garfield County agrees to require flaggers for trucks on the switchback areas of CR 306 on the Property. f. Signs shall be installed by Garfield County along the easterly boundary of the right of way as it runs north -south on the SW1/4SE% of Section 1 in close proximity to the area of revegetation with temporary signs saying "Revegetation, Keep Off," or similar; g. Revegetation and hydro mulching shall be completed (including subsequent revegetation where initially unsuccessful as needed) along the easterly side of the right of way as it runs north -south on the SW`/4SE'/4 Section 1 with Garfield County approving the revegetation seed mixture with Linda Dixon; For purposes of this paragraph, the attached Exhibit A shall control as to the repairs, revegetation, fencing, traffic controls, and restoration in the event of an inconsistency. 7. Garfield County agrees to remove all red fence located on the right of way. 8. Garfield County agrees to regrade and gravel CR 306. 9. All roads across the Property shall remain closed until completion of all repair, restoration, and similar as contemplated under this Agreement, except for local traffic of the Dutton Family to access their residences. 10. This Memorandum shall not be deemed in any manner as an admission or finding for any purpose whatsoever that there is or is not a public road within the Property. 11. Garfield County shall remove the existing pipe that was installed in the fall 2008 which is located in the subsurface under or near the proposed CR 306. EXECUTED the I `tom day of 41""` , 2010. Page 3 of 4 NATHAN N. DUTTON /.,4 -.ed DAVID S. DUTTON Ti ,e,61A4,:y 5: ,{,ze MURIEL DUTTON Memorandum of Understanding 11111 Nil Nit1111 Reception#: 784920 04/20/2010 1256-49 PM Jean A/berico 4 of 15 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO LINDA M. DIXON D TION F ILY L.L. 1 By: Linda Dix n, gene l partner Mike Samson, Commissio - r eISli ler& i v oupt, C f, ATTEST: 1---Q- V-i9• ro/u , Clerk 40Kcao .ti ens GZt%ect�,w ner Page 4 of 4 Memorandum of Understanding r W03.ON• DOW NON 'DNI JNIM33NIVN3 AtuNf0D 1491H CI ou.l1/LIWN Orr/ akl wow eta vs. 64. Pt 91 !7! •ar 00.11 las waw Fat } 1) f aaespervl •••1136100....,0)~w Ysrgw4 SW. Pa .w.aloav pocaftwOrl• NI •DN1tl77NI N7 LNLNrIOD H'..1IH .AINatoC Olal OL 00. V. 31.0.1.1 ONVNV, avoY m unrwD 0,31,111Vs. .000Cca� rJr 1111Ia'i� � �S �W.�h�i��.lhilt Si.I1'04 LC, Kik11111 Reception4: 784920 0412012010 12 56:49 PM Jean Alberico 8 of 15 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT B FORM OF SPECIAL WARRANTY DEED When recorded, mail to: This Space Reserved For Recording Information SPECIAL WARRANTY DEED Muriel Dutton and Linda M. Dixon of and P.O. Box 58, New Castle, CO 81647, and as owners of a life estate and remainder interest respectively to certain lands in Garfield County described as the SW'/4SE'/. Section 1, T8S, R96W, 6th P.M. ("Grantors"), County of Garfield, State of Colorado, for the consideration of ten dollars and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, hereby sell and convey to the GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS, with an address of 108 8T" Street, Suite 213, Glenwood Springs, CO 81601, a public road easement for travel by the public including associated subsurface road support located in Garfield County, Colorado, and described on Exhibit 1, attached hereto and incorporated by this reference, (the "Property"), reserving unto Grantors all oil, gas, and other minerals and all other subsurface uses including but not limited to public utilities, private utilities and similar uses. Garfield County may protect this public road easement from all other users, including the grantors, through issuance of permits that will control, condition, or prohibit the use of the casement. The provisions of the foregoing reservations, interests, rights and easements shall be binding upon and run with the land. Grantor warrants title against all persons claiming under Grantor, excepting taxes and assessments for the years 2009 and thereafter, and easements, reservations, restrictions, covenants encumbrances, and other matters shown on Exhibit 2 hereto. Signed this day of , 2010. MURIEL DUTTON 1111N111,,it1y 'l, `,rtilk141['J IP,11111 Reception 784920 04/20/2010 12:56:49 PM Jean Alberico 9 of 15 Rec Fee. $0.00 Doc Fee:0.00 GARFIELD COUNTY CO LINDA M. DIXON STATE OF COLORADO ) ) ss: COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this day of 2010, by Muriel Dutton and Linda M. Dixon. Witness my hand and official seal. My Commission expires: Notary Public ®111�Yry � F � �if�l r f L�#��:I 'li 1ift:W l4%«11:11(111111 Reception4: 784920 04120/2010 12:56:40 P11 Jean Alberico 10 of 15 Rec Fee.$0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT 1 LEGAL DESCRIPTION A strip of land feet in width with a centerline described as follows: III h1 %lill!r IX, l riintr.irINIVi;iifYIRCHui 11111 Reception#: 784920 04/20/2010 12:56:49 PM Jean Alberico 11 of 15 Rec Fee.$0.00 Doc Fee,0.00 GARFIELD COUNTY CO EXHIBIT 2 PERMITTED ENCUMBRANCES 1111 �' i tilh#111121111,l404.IglinIt NVCIN"i 11111 Reception4: 784920 04(20/2010 12:56:49 PM Jean Alberico 12 of 15 Reo Fee:$0.00 Doc Fee,0.OD GARFIELD COUNTY CO When recorded, mail to: This Space Reserved For Recording Information SPECIAL WARRANTY DEED Nathan N. Dutton of 4000 C.R. 306, Parachute, CO 81635, and as owner of certain lands in Garfield County described as the NW'/,NE'/ Section 12, T8S, R96W, 6th P.M. ("Grantor"), County of Garfield, State of Colorado, for the consideration of ten dollars and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, hereby sells and conveys to the GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS, with an address of 108 811 Street, Suite 213, Glenwood Springs, CO 81601, a public road easement for travel by the public including associated subsurface road support located in Garfield County, Colorado, and described on Exhibit 1, attached hereto and incorporated by this reference, (the "Property"), reserving unto Grantor all oil, gas, and other minerals and all other subsurface uses including but not limited to public utilities, private utilities and similar uses. Garfield County may protect this public road easement from all other users, including the grantor, through issuance of permits that will control, condition, or prohibit the use of the easement. The provisions of the foregoing reservations, interests, rights and easements shall be binding upon and run with the land. Grantor warrants title against all persons claiming under Grantor, excepting taxes and assessments for the years 2009 and thereafter, and easements, reservations, restrictions, covenants encumbrances, and other matters shown on Exhibit 2 hereto. Signed this day of , 2010. NATHAN N. DUTTON 1111 fi1191,711 f 1rfrii1:IW4,lrilf+ICI4T1+1,r111ii 11111 Reception#: 784920 04!20!2010 12:56:49 PM Jean Flberico 13 of 15 Rau Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO ) ss: COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this day of 2010, by Nathan N. Dutton. Witness my hand and official seal. My Commission expires: Notary Public Receptiontt: 784920 04/20/2010 12.56:49 PM Jean Plberico 14 of 15 Rec Fee:$0.00 Doc Fee.0.00 GARFIELD COUNTY CO EXHIBIT 1 LEGAL DESCRIPTION A strip of land _ feet in width with a centerline described as follows: ®111111%10,i'Al ill itiP,511'i 1,itEG4Ylriti'l 'r,llici,11111 Reception#: 784920 04/20!2010 12:56:49 PM Jean Alberioo 15 of 15 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT 2 PERMITTED ENCUMBRANCES 1 1 1 0 0 rn 0 0 CO 0 0 N -„0 (D 0 ■ r CD 200Z '01. JaciwanoN &lamp puei 1ueoefpy Plan Aalien pueae