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HomeMy WebLinkAbout1.0 ApplicationHerons Nest V Park ccial Use crniit Application July 27, 2007 Si.non Casas and Genobeva Lopez Application GARFIELD 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 Special Use Permit GENERAL INFORMATION (To be completed by the applicant) ➢ Street Address / General Location of Property: 37 75F3 f iVex Levi a . lenaci 5 )+- Colorado ?i /o SZ (Neroyls Nest RV +tr' Legal Description: Lot 3, Sievers A yrierviPd ,t iv1�-i-i 61, Tito - as Te c drdc d ii Bonk loot, R 41-b---7,, 1Qeceptresy► # 3 4SS ), Existing Use & Size of Property in acres: f Vekt C% Ark 2? -.1 t0a j* Description of Special Use Requested: 1✓XpQ-ri S) (77'1 or Ay A rrc to We5-f and nor -Y -l-, of ems -f, spaces . Zone District: A/.1 (A3 ,Evan" -r `Cd Y Name of Property Owner (Applicant): SIrv1 yl CaSa.5 d (en.thevct Lopez Address: 1 { g Lu cit d Telephone: (11.4o) gid3-2777 > City: eat L Yidct i e_ State: e 0 Zip Code: ?x 162 3 FAX: 11J o_ > Name of Owner's Representative, if any (Attorney, Planner, etc): Jar?e-t G. A-Ibt/s ((,v /---cyt PLoJf r)Pr , Address: jilei stet c.vv� beer Dr.3h-Telephone: (910)ggl- 1(�(,, City: Sr 1 f State: OD Zip Code: 511 S2 FAX: (9--40)310/14,6 ➢ Doc. No.: STAFF USE ONLY Date Submitted: TC Date: ➢ Planner: Hearing Date: f. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. 2. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4. Submit a vicinity map showing slope / topography of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's .Map showing al! the subject property and public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, public and private landowners and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the Assessor's Office. We will also need the names (if applicable) of all mineral right owners of the subject property. (That information can be found in your title policy under Exceptions to Title). 6. Submit a copy of the deed and a legal description of the subject property. 7. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. 8. Submit an statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; 9. Depending on the type of Special Use Permit requested, you may need to respond to additional review standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 & 5.03.08], Accessory Dwelling Units [section 5.03.21], Utility line/Utility Substations, etc. Specific sections of the Zoning Resolution which can be located on the Garfield County web site at http://www.garfield-countv.com/building and planning/index.htm, or information can be obtained from this office 10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. 11. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. II. PROCEDURAL REQUIREMENTS (The following steps outline how the Special Use Permit Application review process works in Garfield County.) 1. Submit this completed application form, base fee, and all supplemental information to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete. in addition, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Special Use. (If Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested Special Use and the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed special use and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described in the paragraph above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. In addition, the Applicant shall provide proof, at the hearing, that proper notice was provided. 5. Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. fe?fr".2.1 c)r C.,:rJ (Signature of applicant/owner) Last Revised: 02/2006 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 an Agreement for Payment 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 complete fee schedule for subdivision and land use applications is attached. GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES 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. TYPE OF PROCEDURE Vacating Public Roads & Rights -of -Way Sketch Pian Preliminary Plan Final Plat Amended Plat Exemption from the Definition of Subdivision (SB -35) Land Use Permits (Special Use/Conditional Use Permits) ■ Administrative/no public hearing $250 ■ Board Public Hearing only $400 Planning Commission and Board review & hearing $525 BASE FEE $400 $325 $675 + application agency review fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey $200 $100 $300 Zoning • Zone District map amendment • Zone District text amendment • Zone District map & text amendment • PUD Zone District & Text Amendment • PUD Zone District Text Amendment Board of Adjustment • Variance • Interpretation Planning Staff Hourly Rate ■ Planning Director • Senior Planner • Planning Technician ■ Secretary $450 $300 $500 $500 $500 $250 $250 $50.50 $40.50 $33.75 $30 County Surveyor Review Fee (includes review of Amended Determined by Surveyor$ Plats, Final Plats, Exemption Plats) Mylar Recording Fee $11 —1 ' page $10 each additional page Page 2 The following guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. 9. This fee structure shall be revised annually as part of the County budget hearing process. Page 3 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and Sl it -41.5/1/1 U (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application forc..21LI Se, I -ror Herons j\le k RV Pirt . (hereinafter, THEPROJECT). 2. APPLICANT 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. APPLICANT 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. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT 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, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT 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. APPLICANT Signature Date: S /,1,1 O,(' ( 454 S' Print Name Mailing Address: / j (j G (4 4c./- (-4- fl%(i4- 5 iln.LJ n itc r\ c- 1.6 ; 10/2004 Page 4 Heron's Nest RV Park 32958 River Frontage Road, Silt, Colorado 81652 (970) 963-2777 July 21, 2007 Garfield County Building and Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 To Whom It May Concern: 1, Simon Casas, do consent to Janet G. Aluise presenting my application for Special Use Permit for review by the Garfield County Planning Commission and the Board of County Commissioners. Ms. Aluise has the full authority to present all applications and to make presentations as needed. Should any questions arise, please do not hesitate to call Ms. Aluise at (970) 987-1176 or (970) 876-0356. Thank you in advance for your consideration. Sincerely, �vn Cry 'mon Casas Owner, Herons Nest RV Park 118 Euclid Avenue Carbondale, CO 81623 (970) 963-2777 home Please return to.- The o.The Noone Law Firm P.O. Box 39 Glenwood Springs, CO 81602 DEED OF TRUST This DEED OF TRUST ("Deed of Trust") is executed this 30th day of March 2007 between Simon Casas and Genobeva Lopez, whose legal address is at 118 Euclid, Carbondale, CO 81623 (collectively referred to herein as "Borrower"), and Jong Ok Nielson and Cory B. Nielson, whose legal address is 3843 County Road 241, New Castle, CO 81647 (collectively referred to herein as "Lender") (collectively referred to as the "Parties"). RECITALS WHEREAS, Borrower is obligated and indebted to the Secured Party in the principal amount of one million nine hundred and seventy-nine thousand dollars ($1.979,000.00), plus interest, loan charges, and attorney fees, pursuant to and as provided in a certain Promissory Note ("Note") executed contemporaneously herewith; and WHEREAS, in order to induce the Secured Party to enter into the Note, Borrower is entering into this Deed of Trust to provide collateral security for its obligations under the Note. NOW THEREFORE, in consideration of the matters above, the mutual covenants, terms, conditions and restrictions contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Property in Trust. Borrower hereby grants and conveys to the Public Trustee of Garfield County ("Trustee") in trust, with power of sale, the real property described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 32958 River Frontage Road, Silt, Colorado, 81652 (the "Property"), together with all appurtenant water rights, as described in Exhibit B, attached hereto and incorporated herein by reference; all of its other appurtenances; and any personal property, fixtures, and equipment located thereon or used in connection therewith. 2. Notes; Other Obligations Secured. This Deed of Trust is given to secure the Lender: a. Maturity Dates. The repayment of indebtedness evidenced by the Promissory Note ("Note"), signed by the Borrower of even date herewith, payable to the order of Lender in the principal sum of $1,979,000.00 plus interest, loan charges, and attorney fees, described therein, which matures on May 1, 2017 as to one million four hundred and eighty thousand dollars ($1,480,000.00) and November 1, 2019 as to four hundred and ninety-nine thousand dollars ($499,000.00). b. The performance of the covenants and agreements of Borrower herein contained and in the Note, and any other instrument executed by Borrower for the purpose of securing the indebtedness represented by the Note. c. All other instruments now or hereafter executed evidencing or securing the indebtedness represented by the Note, or any part thereof, or any other obligations from Borrower to Lender, whether direct or indirect, remote or contingent, liquidated or unliquidated. d. The payment of such additional sums, with interest thereon, as have been or may be borrowed from Lender by Borrower at any time, and performance of all obligations provided for in any security documents in connection with any such obligations ("Ancillary Obligations"). 3. Interest. Borrower shall pay to Lender interest at the rate of six and three- quarters percent (6.75%). The minimum interest due under this Deed of Trust is seven hundred thousand dollars ($700,000.00) ("Minimum Interest Due"). In the event the Borrower elects to sell the Property described in the attached Exhibit A Deed of Trust Page 2 of 2 or otherwise refund or refinance this Note prior to paying Lender the Minimum Interest Due, the difference between the Minimum Interest Due and the interest actually paid hereunder is immediately due and payable upon such sale, refunding, or refinancing. 4. Late Fees. Borrower shall postmark their loan payments on or before the 1st of each month. If Lender does not receive the loan payment on or before the 15th day of each month, a Late Fee of five percent (5%) of the Overdue Payment, in addition to the Default Interest Rate discussed in Section 8, will be assessed and immediately due. For purposes of this Deed of Trust, "overdue payment" means any payment due under this Deed of Trust, whether such payment is attributable to interest, attorney fees, costs or the principal sum. If Borrower is in default, this 5% Late Fee shall apply each month to sums due even after the Maturity Dates, as described in Section 2(a) above, until the balance is paid in full or a judgment is obtained, if applicable. 5. Default. a. The following constitutes default by Borrower: i. Failure to pay the full amount of each payment due, including any late fees or penalties previously assessed, by the 1st day of each month; ii. Failure to pay all sums due, including the balloon payment of the remainder of the principal, on the Maturity Date; iii. Any default under any other Promissory Note due by Borrower to the Lender; iv. Any default under this Note, which shall also constitute default under any other Ancillary Obligation that Borrower owes to Lender. b. In the event of default, Borrower shall owe a default interest, at a rate equal at all times and from time to time of eighteen percent (18 %) per annum upon any undebtedness of Borrower not paid on or before the due date hereunder or under the Note (the "Default Rate"). 6. Title. Borrower covenants that title to the above-described Property is in Borrower's name and that Borrower owns and has the right to giant and convey the Property, and warrant title to the same, subject to general real estate taxes for the current year in which this Deed of Trust is executed, and except for those matters which otherwise exist of record against the Property. 7. Relationship of Lender to Borrower. Borrower acknowledges that Lender is merely a Lender of the sum set forth hereinabove, and that Lender is neither an advisor nor counselor to Borrower and that no confidential relationship exists between Lender and Borrower. 8. Deeds of Trusts; Charges; Liens. Borrower shall perform all of Borrower's obligations under any deed of trust or any other liens encumbering the Property, whether senior or junior to this Deed of Trust. If Borrower shall fail to perform any term or condition of any deed of trust encumbering the Property, or any promissory note secured thereby, such failure to perform shall constitute a default hereunder, and entitle Lender to exercise any and all of the remedies provided herein. Borrower shall pay all taxes, assessments, and other charges, fines, and impositions attributable to the Property which may have or attain a priority over this Deed of Trust. Despite the foregoing, Borrower shall not be required to make payments otherwise required by this paragraph if Borrower, after notice to Lender, shall in good faith contest such obligation by, or defend enforcement of such obligation in, legal proceedings which operate to prevent the enforcement of SC GL Deed of Trust Page 3 of 3 the obligation or forfeiture of the Property or any part thereof, and post security in connection therewith satisfactory to Lender. 9. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against Loss by fire or hazards included within the term "extended coverage" in an amount at least equal to the lessor of (a) the insurable value of the Property, or (b) an amount sufficient to pay the sums secured by this Deed of Trust as well as any prior encumbrance on the Property (hereinafter be referred to as "Property Insurance"). The insurer providing the Property Insurance shall be qualified to write real property insurance in Colorado, and shall be selected by Borrower subject to Lender's right to reject the selected insurer for reasonable cause. In the event of loss, Borrower shall give prompt notice to the insurer and Lender. Lender may make proof of loss if not make promptly by Borrower. Property Insurance proceeds shall be applied to restoration or repair of the Property damaged. If restoration or repair is not economically feasible, the Property Insurance proceeds shall be applied to the sums secured by the Property, with the excess, if any, paid to Borrower. Any such application of proceeds to principal shall not extend or postpone the due date of the installments due under the Note or change the amount of such installments. Notwithstanding anything herein to the contrary, if pursuant to the terms herein, the Property is acquired by Lender, all right, title, and interest of Borrower in and to any Property Insurance, and the proceeds thereof, resulting from damage to the Property prior to sale or acquisition shall pass to Lender to the extent of the sums secured by this Deed of Trust immediately prior to such sale or acquisition. All of the rights of Borrower and Lender hereunder with respect to Property Insurance are subject to the rights of any holder of a prior deed of trust. 10. Preservation and Maintenance of Property. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property, and shall comply with the provisions of any lease if this Deed of Trust encumbers a Leasehold. Borrower shall perform all of Borrower's obligations pursuant to any leases, declarations, covenants, bylaws, rules, or other documents governing the use, ownership, or occupancy of the Property. In the event of a breach by Borrower of Borrower's obligations under this paragraph, Lender shall have the option, but not the duty, to enter upon the Property and make such repairs and improvements as Lender deems necessary. Lender shall also have the option, but not the duty, to exercise all other remedies available to Lender under this Deed of Trust or the Note. 11. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Deed of Trust or the Note, or if a default occurs in regard to any other deed of trust or other lien encumbering the Property, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, may make such appearances, disburse such sums, and take such action as is necessary to protect Lender's interest, including, but not limited to, disbursement of reasonable attorneys' fees and entry upon the Property to make repairs. Borrower hereby assigns to Lender any right Borrower may have by reason of any encumbrance of the Property, or by law, or otherwise to cure any default under any other encumbrance of the Property, and hereby specifically authorize Lender, at Lender's option, to act as Borrower's agent in order to accomplish any of the foregoing. Borrower hereby assigns to Lender the right, but without any obligation of Lender to exercise such right, to pay obligations and indebtedness of Borrower, dischat ge monetary liens against the Property, satisfy judgments against Borrower or obtain G SC GL Deed of Trust Page 4 of 4 releases of judgment liens against the Property, all on behalf of and in the name of Borrower. Any amounts disbursed by Lender pursuant to this paragraph, with interest thereon, shall become additional indebtedness of Borrower secured by this Deed of Trust. Such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and Lender may bring suit to collect any amounts so disbursed plus interest specified herein. Nothing contained in this paragraph shall require Lender to incur any expense or take any action hereunder. 12. Inspection. Lender may make or cause to be made reasonable entries upon and inspection of the Property, provided that Lender gives Borrower notice prior to such inspection. 13. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender as herein provided. However, all of the rights of Borrower and Lender hereunder with respect to such proceeds are subject to the rights of any beneficiary of a prior deed of trust. In the event of a complete or partial taking of the Property, the proceeds shall be applied to the sums secured by this Deed of Trust, with the excess, if any, paid to Borrower. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within fifteen days after the date such notice is given, Lender is authorized to collect and apply the proceeds, at Lender's option and in its sole discretion, among restoration or repair of the Property or to the sums secured by this Deed of Trust. Any such application of proceeds to principal shall not extend or postpone the due date of the installments due under the Note nor change the amount of such installments. 14. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower, nor Borrower's successors in interest, from the original terms of this Deed of Trust. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower nor Borrower's successors in interest. 15. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by law, shall not be a waiver or preclude the exercise of any such right or remedy. If any payments due pursuant to the Note, this Deed of Trust, or any Ancillary Obligations are not paid when due, all such amounts shall bear interest, compounded monthly, at the rate provided herein, in the Note, or such Ancillary Obligation, provided that in no event shall any rate of interest payable by Borrower exceed the maximum interest rate permitted by applicable law. 16. Remedies Cumulative. Each remedy provided in the Note and this Deed of Trust is different from and cumulative to all other rights or remedies under the Note and this Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently, or successively. Borrower waives any implied warranties of good faith or fair dealing with respect to Lender's enforcement of such remedies. SC GL Deed of Trust Page 5 of 5 17. Successors and Assigns Bound. The covenants and agreements herein contained shall bind, and the rights hereunder shall insure to, the respective successors and assigns of Lender and Borrower, subject to the teuus herein. 18. Notice. Unless applicable law provides otherwise, any notice under this Deed of Trust shall be given by delivering it or mailing it by certified mail, return receipt requested to the following address: Simon Casas and Genobeva Lopez, 118 Euclid, Carbondale, CO 81623. 19. Joint and Several Liability. The obligations imposed by this Deed of Trust upon the Borrower, its successors and assigns, shall be joint and several. Any person or corporation, and its successors and assigns, which is a guarantor, surety, or endorser of this Deed of Trust is also joint and severally liable under the terms contained herein. 20. Compliance Agreement. Borrower hereby irrevocably authorizes Lender to correct without notice any clerical errors or omissions that may be present in any and all Loan Documents that Borrower has executed in connection with Borrower's loan secured hereby. Borrower further understands that such corrections shall not result in any increase in the amount of the obligation that Borrower must repay to Lender, or any change of essential terms of repayment of the loan obligation. 21. Enforcement. The Borrower and any other person who may be liable hereunder in any capacity shall pay all costs of collection of sums due hereunder, including a reasonable attorneys' fee, in case the principal of the Note or any payment of interest thereon is not paid at the respective due date or maturity thereof, or in case it becomes necessary to protect the security for this Note, whether suit is brought or not. 22. Acceleration; Foreclosure; Other Remedies. Except as provided herein, upon Borrower's default or breach of any covenant or agreement of Borrower in this Deed of Trust, or upon any default in any other deed of trust or lien encumbering the Property, or upon Borrower's breach of any covenant or agreement of Borrower in the Note, at Lender's option, all of the sums secured by this Deed of Trust shall be immediately due and payable ("Acceleration"). To exercise this option, Lender may invoke the power of sale and any other remedies permitted by law and at Lender's option, Lender may exercise its rights of enforcement with respect to the Collateral, as hereinafter defined, under Colorado law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Deed of Trust, but not limited to, reasonable attorneys' fees. If Lender invokes the power of sale, Lender shall give written notice to Trustee of such election. Trustee shall give such notice to Borrower of Borrower's rights as is provided by law. Trustee shall record a copy of such notice as required by law. Trustee shall advertise the time and place of the sale of the Property, for not less than four (4) weeks in a newspaper of general circulation in each county in which the Property is situated, and shall mail copies of such notice of sale to Borrower and other persons as prescribed by law. After the lapse of such time as may be required by law, Trustee, without demand on Borrower, shall sell the Property in separate parcels or en masse at public auction to the highest bidder for cash at the time and place (which may be on the Property or any part thereof as permitted by law) in one or more parcels as Trustee may think best and in such order as Trustee may determine. Lender or Lender's designee may purchase the Property at any sale. It shall not be obligatory upon the purchaser at any such sale to see to the application of the purchase money. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's and attorney's fees, costs of title evidence, appraisal fees, environmental SC GL Deed of Trust Page Gof6 assessment fees and inspection fees; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto. 23. Transfer or Encumbrance of the Property: Due on Transfer or Encumbrance. The following events shall be referred to herein as a "Transfer": A voluntary or involuntary transfer or conveyance of title (or any portion thereof, legal or equitable) of the Property (or any part thereof or interest therein), including, without limiting the generality of the foregoing, a transfer resulting from eminent domain proceedings, casualty resulting in payment of insurance proceeds, or foreclosure; the execution of a contract or agreement creating a right to title (or any portion thereof, legal or equitable) in the Property (or any part thereof or interest therein); or an agreement granting a possessory right in the Property (or any portion thereof), in excess of three years; or the transfer of more than 25% of the capital stock of Borrower (if Borrower is a corporation); or the substitution of a general partner or joint venturer (if Borrower is a partnership or joint venture); the dilution of a general partner's or joint venturer's interest in the general partnership or joint venture (if applicable) to less than 75% of such general partner's or joint venturer's present interest in the general partnership or joint venture; or the creation of a lien or encumbrance subordinate to the Deed of Trust. Not to be included as a Transfer are the creation of a purchase money security interest for household appliances, or a transfer by devise, descent, or by operation of law upon the death of a joint tenant. In the event of any Transfer without Lender's prior written consent, which consent may be withheld for any reason, all swrns secured by this Deed of Trust shall be immediately due and payable, without notice or any action by Lender. 24. Borrower's Right to Cure Default. Whenever foreclosure is commenced for nonpayment of any sums due hereunder, the owners of the Property or parties liable hereon shall be entitled to cure said defaults by paying all delinquent principal and interest payments due as of the date of cure, together with all costs, expenses, Default Interest, late charges, appraisal fees, environmental assessment fees, inspection fees, any and alI expenses incidental to or arising from a foreclosure sale or commencement of the same incurred by Lender of whatsoever kind, attorneys' fees, and other fees all in the manner provided by law. Upon such payment, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as though no Acceleration had occurred, and the foreclosure proceedings shall be discontinued. 25. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property; however, Borrower shall have the right to collect and retain such rents as they become due and payable so long as no default has occurred under the Note, this Deed of Trust or any Ancillary Obligations. Lender or the holder of the Trustee's certificate of purchase shall be entitled to a receiver for the Property after Acceleration and shall also be so entitled during the time covered by foreclosure proceedings and the period of redemption, if any; and shall be entitled thereto as a matter of right without regard to the solvency or insolvency of Borrower or of the then owner of the Property, without regard to the value of the Property and without regard to the existence or commission of waste on the Property. The Parties hereto agree that in the interests of preservation of the Property, a court appointed receiver is necessary. Such receiver may be appointed by any court of competent jurisdiction upon ex parte application and without notice, notice being hereby expressly waived. In the event of any default by Borrower, lender, in person, by agent, or by judicially -appointed receiver, shall be entitled to enter upon, take possession of, and manage the Property, and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied, first, to payment of the costs of preservation and management of the Property, second, to payments due upon prior liens, and then to the sums secured by this Deed of SC GL Deed of Trust Page 7 of 7 5c Trust. Lender and the Receiver shall be liable to account only for those rents actually received. 26. Default Interest during Redemption Period. In the event the Property or any part thereof shall be sold upon foreclosure as provided hereunder, the sum for which the same shall have been sold (which may include all attorneys' fees, costs of sale, appraisal fees, environmental assessment fees, inspection fees, and any and all expenses incident to or arising from the sale incurred by Lender of whatsoever kind, and other expenses permitted to be added to the indebtedness secured hereby under the terms hereof, under any other agreement securing the indebtedness of Borrower, any Ancillary Obligation or under statutory authority) shall, for purposes of redemption (pursuant to C.R.S. § 38-38-302, as amended), bear interest at the Default Rate of interest provided herein from the date of sale until paid. 27. Redemption Amount. For the purposes of redemption after a foreclosure of this Deed of Trust, in addition to those things permitted by law, Lender shall also include in its calculation of the amount necessary to redeem from the sale all attorneys' fees, appraisal fees, environmental assessment fees, inspection fees and any and all expenses incident to or arising from the sale incurred by Lender of whatsoever kind, and all other costs incurred by Lender pertaining to the foreclosure process, directly or indirectly, or pertaining to protection of Lender's interest in the Property, which occur after the date of the foreclosure sale but prior to redemption by Borrower or by any other person possessing a right to redeem. Such post -sale expenses shall bear interest at the Default Rate. 28. Deficiency Rights of Lender. In the event that, upon foreclosure of the Property pursuant to this Deed of Trust, the purchaser at the foreclosure sale has bid and paid to the Trustee or Sheriff an amount less than the full indebtedness owed by Borrower and secured by this Deed of Trust, then until either (a) the delivery of the foreclosure sale proceeds to Lender if Lender is not the purchaser; or (b) until delivery of the Trustee's or Sheriff's deed to Lender, if Lender is the purchaser; the full amount of the indebtedness of Borrower (bid amount plus deficiency) and not just the deficiency amount shall bear interest at the Default Rate. Thereafter, the remaining unpaid indebtedness, determined by subtracting the foreclosure sale amount from the full amount of the indebtedness plus accrued interest at the Default Rate and costs and expenses incurred after the foreclosure, shall be a continuing obligation of Borrower for which Lender shall be entitled to personal monetary judgment. At all times after a default until such time as the default is cured, Lender shall be entitled to the Default Rate of interest which entitlement shall survive the entry of judgment. 29. Release. Upon payment of all sums secured by this Deed of Trust, Lender shall cause Trustee to release this Deed of Trust and shall produce for Trustee the Note. Borrower shall pay all costs of recordation and shall pay the statutory Trustee's fee. 30. Escrow Funds for Taxes and Insurance. This Paragraph 26 is not applicable if Funds as defined below are being paid pursuant to a prior encumbrance. If Lender requests, Borrower shall pay to Lender on each day installments of principal and interest are payable under the Note, until the Note is paid in fizll, a sum (herein referred to as "Funds") equal to one -twelfth of the yearly taxes and assessments which may attain priority over this Deed of Trust, plus one -twelfth of yearly premium installments for Property Insurance, all as reasonably estimated initially and from time to time by lender on the basis of assessments and bills and reasonable estimates thereof, taking into account any excess Funds not used or shortages. The principal of the Funds shall be held in a separate account by Lender in trust for the benefit of Borrower. Lender shall apply the funds to pay said taxes, assessments and insurance premiums. Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, SC GL Deed of Trust Page 8 of 8 without charge, an annual accounting of the Funds. The Funds are pledged as additional security for the sums secured by this Deed of Trust. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments and insurance premiums as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency within twenty (20) days from the date notice is given in accordance with Paragraph 16 (Notice) by Lender to Borrower requesting payment thereof. Upon payment in full of all sums secured by this Deed of Trust, Lender shall simultaneously refund to Borrower any Funds held by Lender. If under Paragraph 21 the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, whichever occurs first, any Funds held by Lender at the time of application as credit against the sums secured by this Deed of Trust. 31. Waiver of Exemptions. Borrower hereby expressly waives all right of homestead and any other exemption in the property under State or federal law presently existing or hereafter enacted, which waiver shall be deemed to extend to and for the benefit of any party purchasing or redeeming at a foreclosure sale of the Property, specifically including, but not limited to any holder of a judgment lien or other lien not containing an express waiver. 32. Waiver of Estoppel. The Lender may, without losing any of its rights under this Deed of Trust, accept late payments, accept partial payments, and delay in enforcing any of its rights under the terms contained herein. 33. Amendment. No amendment, modification, or cancellation of this Deed of Trust shall be effective unless the amendment, modification, or cancellation is in writing and signed by all Parties. 34. Representation by Borrower. Borrower represents and acknowledges that moneys provided under this Deed of Trust shall be used primarily for legal, personal purposes. Borrower agrees to indemnify, defend, and hold harmless the Lender for an award of damages or other remedy or remedies which are imposed against the Lender if the use of proceeds of this Deed of Trust are found to have been primarily used for illegal purposes, as defined by Federal and Colorado law. 35. Transferability. The Lender may transfer this Deed of Trust. 36. Governing Law. This Deed of Trust shall be governed by the laws of the State of Colorado. 37. Severability. The terms of this Deed of Trust are severable. In the event that any provision or clause in this Deed of Trust conflicts with the law, such conflict shall not affect other provisions of this Deed of Trust which can be given effect without the conflicting provision. 38. LEGAL CONSEQUENCES. BORROWER ACKNOWLEDGES THAT THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. BORROWER ALSO ACKNOWLEDGES THAT THEY HAVE THE RIGHT TO OBTAIN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THIS DOCUMENT, AND THAT THEY HAVE HAD THE TIME AND OPPORTUNITY TO OBTAIN SUCH INDEPENDENT LEGAL COUNSEL. C SC GL Deed of Trust Page 9 of 9 BORROWER: scfl)/271-lp, Lo eo e mon Casas nbeva G pz STATE OF COLORADO COUNTY OF )ss. The foregoing DEED OF TRUST was acknowledged, subscribed and sworn to before me this 30th day of March 2007 by Simon Casas and Genobeva Lopez, as Borrower. Witness my hand and official seal. My commission expires: Al AMY E p GW�� .1?-1My Commission expires: 09/(4r OPCON--- oO,,e4.e My Commission Expires 09106/2010 otary P . Deed of Trust Page 10 of 10 Exhibit A Legal Description of Property A parcel of land situated in Section 9, Township 6 South, Range 92 West of the 6th P.M., being more particularly described as follows: Beginning at a point on the southerly right of way of Interstate Highway No. 70 whence the Northeast Comer of said Section 9 Bearing North 18°38'26" East 1214.13 feet; thence South 01°55'40" West 213.15 feet; thence North 82°53'59" East 66.01 feet; thence South 03°13'44" West 228.61 feet; thence South 88°26'02" East 359.58 feet; thence South 00°24'38" East 366.44 feet; thence North 88°26'02" West 506.17 feet; thence South 06°27'30" West 412.00 feet to the center of the Colorado River; thence along said centerline North 88° 26'02" West 147.89 feet; thence North 83°00'45" West 613.74 feet; thence North 88°29'59" West 168.58 feet; thence departing said centerline North 1 1°43'30" West 480.75 feet; thence North 32°35' 13" East 126.08 feet; thence South 64°45'00" East 212.38 feet; thence North 00°43'35" West 423.18 feet to a point on said southerly right of way; thence along said right of way 656.15 feet along a curve to the right, having a radius of 2714.79 feet, a central angle of 13°51'08"; the chord of which bears North 78°53'55" East 654.75 feet; thence North 72°20'30" East 284.30 feet; to the POINT OF BEGINNING. Also known as: LOT 3 SIEVERS AMENDED EXEMPTION PLAT RECORDED JANUARY 15, 1997 AS RECEPTION NO. 503455 TOGETHER WITH AND SUBJECT TO THE ACCESS EASEMENTS AS SHOWN ON SAID PLAT. COUNTY OF GARFIELD STATE OF COLORADO SC GL Deed of Trust Page 11 of 11 Exhibit B Description of Water Rights 1. 2.88 shares of stock in the Grand River Ditch Company, stock certificate no. 823. 2. Well Permit No. 24328-F, as decreed in the Garfield County District Court, Water Division No. 5, Case No. 05CW142 on October 14, 2006, more particularly described as follows: Nielson Well No. 1, awarded 6 g.p.m. (up to 6 a.f annually), absolute; 11 g.p.m. (up to 11.53 a.f., annually), conditional, for commercial use in the Heron's Nest RV Park, with an appropriation date of April 25, 1972 as to the absolute right and May 31, 2006 as to the conditional right, with an alternate point of diversion at the Nielson Well No. 2. The well is located in the SE 1/4, NE 1/4, Section 9, Township 6 South, Range 92 West, 6th P.M., at a point 586 feet from the East line and 2,088 feet font' the North line of Section 9. 3. Well Permit No. 24329-F, as decreed in the Garfield County District Court, Water Division No. 5, Case No. 05CW142 on October 14, 2006, more particularly described as follows: Nielson Well No. 2, awarded 2 g.p.m. (up to 3.5 a.f annually), absolute; 11 g.p.m. (up to 11.53 a.f., annually), conditional, for commercial use in the Heron's Nest RV Park, with an appropriation date of April 23, 1979 as to the absolute right and May 31, 2006 as to the conditional right, with an alternate point of diversion at the Nielson Well No. 1. The well is located in the SE 1/4, NE '/a, Section 9, Township 6 South, Range 92 West, 6th P.M., at a point 293 feet from the East line and 2,197 feet form the North line of Section 9. 4. The Plan for Augmentation, and all water rights included therein, as decreed in the Garfield County District Court, Water Division 5, Case No. 05CW142 on October 14, 2006. 5. Water Service Contract No. 050519CN(a), by and between the West Divide Water Conservancy District and Jong OK Nielson and Cory B. Nielson, dated August 5, 2005, for 1.73 a.f. annually. 5( c' t71— SC GL Please return to: The Noone Law Firm P.O. Box 39 Glenwood Springs, CO 81602 PLEDGE AGREEMENT This PLEDGE AGREEMENT ("Agreement") is entered into this 30"' day of March 2007 by and between Simon Casas and Genobeva Lopez, with a legal address of 118 Euclid, Carbondale, CO 81623 (collectively referred to herein as "Debtor") and Jong OK Nielson and Cory B. Nielson, with a Iegal address of 3843 County Road 241, New Castle, CO 81647 (collectively referred to herein as "Secured Party"). RECITALS WHEREAS, Debtor is obligated and indebted to the Secured Party in the principal amount of one million nine hundred and seventy-nine thousand dollars ($1,979,000.00), plus interest, loan charges, and attorney fees, pursuant to and as provided in a certain Promissory Note ("Note") executed contemporaneously herewith; and WHEREAS, in order to induce the Secured Party to enter into the Note,- Borrower is entering into this Agreement to provide collateral security for its obligations under the Note. NOW THEREFORE, in consideration of the matters above, the mutual covenants, terms, conditions and restrictions contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby aclmowledged, the Parties agree as follows: I. DEFINITIONS. a. "Collateral" means Debtor's interest in 2.88 shares of stock in the Grand River Ditch Company, evidenced by stock certificate no. 823; b. "Debtor" means Simon Casas and Genobeva Lopez; c. "Indebtedness" means Debtor's obligation to Secured Party in the amount of $1,979,000.00, as evidenced by the Note and Deed of Trust entered into contemporaneously herewith; d. "Secured Party" means Jong OK Nielson and Cory B. Nielson; e. "Lien" means any security interest, mortgage, pledge, lien, attachment, claim, charge, encumbrance, or agreement retaining title covering the Collateral; f. "Obligations" mean the Indebtedness, and any other later loan by Secured Party to Debtor, including attorneys' fees incurred by Secured Party in enforcing this Agreement. IL UCC DEFINITIONS INCORPORATED BY REFERENCE. Terms defined in the Uniform Commercial Code (the "Code"), not otherwise defined in this Agreement, are incorporated herein as defined in the Code as of March 30, 2007. III. GRANT OF SECURITY INTEREST. Debtor grants the Secured Party a security interest in the Collateral to secure Debtor's obligations under this Agreement. That Collateral, which consists of 2.88 Shares in the Grand River Ditch, as evidenced by Stock Certificate No. 823, in which Debtor now has or later acquires a right (and substitutions for them) and all distributions related to and proceeds of the Collateral. Secured Party shall retain physical possession of any certificates or documents evidencing Debtor's ownership of the collateral_ IV. COVENANTS. Debtor promises to pay the Obligations to Secured Party when they are due; to not sell, lease, transfer, or otherwise dispose of the Collateral; to not permit liens on the Collateral, except existing liens and current tax liens; and to perform all acts necessary to maintain, preserve, and protect the Collateral. Debtor further promises to execute and deliver to Secured Party all financing statements and other documents requested by Secured Party necessary to maintain a first perfected security interest in the Collateral. V. POWER OF ATTORNEY. Debtor hereby appoints Secured Party, or any other person whom Secured Party may designate, as Debtor's attorney-in-fact, to perform any of Debtor's obligations under this Agreement in Debtor's name or otherwise, and to endorse Debtor's name on instruments, documents, or other forms of payment or security that come into Secured Party's possession as necessary under this Agreement. Pledge Agreement Page 1 of 1 Please return to: The Noone Law Firm P.O. Box 39 Glenwood Springs, CO 81602 VL DEBTOR'S WARRANTIES AND REPRESENTATIONS. Debtor covenants, warrants, and represents as follows: a. Debtor is authorized to execute and deliver this Agreement. This Agreement is a valid and binding obligation of Debtor. This Agreement creates a security interest enforceable against the Collateral in which Debtor now has rights. b. Neither the execution and delivery of this Agreement, nor the taking of any action in compliance with it, will (I) violate or breach any law, regulation, rule, order, or judicial action binding on Debtor or any agreement to which Debtor is a party, or (2) result in the creation of a Lien against the Collateral except that which is created by this Agreement. VII. DUTIES OF SECURED PARTY. Debtor acknowledges that Secured Party has no duty or liability under this Agreement except (i) to exercise reasonable care with the Collateral while it is in Secured Party's possession, and (ii) upon full performance by Debtor of Debtor's obligation as set forth above, to reconvey the Collateral and the Secured Party's security interest in the Collateral to Debtor. VIII. TERMINATION OF SECURITY INTEREST. Secured Party's security interest in the Collateral will terminate when Debtor completes performance of all Obligations to Secured Party, including without limitation the repayment of all Indebtedness owed by Debtor to Secured Party. IX. DEFAULT. Debtor will be in default under this Agreement if: a. Debtor fails to pay any installment or interest on the Indebtedness when due, or its entire Indebtedness to Secured Party when due, at stated maturity, or otherwise. b. Debtor commits any breach of this Agreement, or any present or future rider or supplement to this Agreement, or any other agreement between Debtor and Secured Party evidencing the obligation or securing it. c. Debtor falsifies any warranty, representation, or statement with respect to this Agreement. d. Debtor loses the Collateral, or Collateral is stolen or damaged. e. There is a seizure or attachment of, or a levy on, the Collateral. f. Debtor files for bankruptcy. X. REMEDIES. When an event of default occurs a Secured Party may: a. Declare the obligations immediately due and payable without demand, presentment, protest, or notice to Debtor, all of which Debtor expressly waives. b. Exercise all rights and remedies available to a secured creditor after default, including but not limited to the rights and remedies of secured creditors under the Code. c. Perform any of Debtor's Obligations under this Agreement for Debtor's account. Fees and costs incurred in doing so, including reasonable attorneys' fees and interest at the highest rate permitted by law, will be charged to Debtor and added to the obligation secured by this Agreement. d. At its option and without notice to Debtor, transfer and register the Collateral or any part of it in Secured Party's name or the name of its nominees; collect and enforce payment with respect to the Collateral; exercise all rights, options, and privileges with respect to the Collateral, and deliver it in that connection to any appropriate person or agency, and vote the Collateral as Debtor's proxy, that proxy to be irrevocable until this Agreement is terminated. Until such default, Debtor's right to vote the Collateral will not be impaired by this Agreement. e. Conduct a "commercially reasonable" private sale or other disposition of the Collateral although a higher price might have been obtained for it at a public sale under the Securities Act of 1933, as amended, or in compliance with any other applicable laws or regulations. Secured Party's notice of the time and place of public sale of the Collateral, or the time on or after which a private sale or other disposition of the Collateral will be made, is reasonable if Pledge Agreement Page 2 of 2 Please return to: The Noone Law Firrn P.O. Box 39 Glenwood Springs, CO 81602 sent to Debtor in the manner for giving notice at least five days before the public or private sale. XI. MISCELLANEOUS. a. Enforcement: Debtor will pay all costs and expenses of collection and enforcement under this Agreement including reasonable attorneys' fees. b. Waiver by Secured Party: No waiver by Secured Party of any breach or default will be a waiver of any breach or default occurring later. A waiver will be valid only if it is in writing and signed by Secured Party. c. Survival of Representations and Warranties: Debtor's representations and warranties made in this Agreement will survive its execution, delivery, and termination. d. Assignment: This Agreement will bind and benefit the successors and assignees of the Parties, but Debtor may not assign its rights under this Agreement without Secured Party's prior written consent. e. Joint and Several Liability: The Obligations imposed by this Agreement upon the Debtor, its successors and assigns, shall be joint and several. Any person or corporation, and its successors and assigns, which is a guarantor, surety, or endorser of this Agreement is also joint and severally liable under the terms contained herein. f. Governing Law: This Agreement will be governed by the law of the State of Colorado. g. Entire Agreement: This Agreement, together with the Note, represent the entire agreement between the Parties relating to the Collateral. i. Notices: Notices under this Agreement are considered to be served three (3) days after they are deposited in the United States mail, with prepaid first-class postage, addressed as follows: To Debtor: To Secured Party: Casas Cory Nielson & Genobeva Lopez Jong OK Nielson 118 Euclid 3843 County Road 241 New Castle, CO 81647 Simon Carbondale, CO 81623 Either party may change their address for service of notice, by notice to the other. WHEREFORE, by Debtor's signature hereto, the Debtor agrees to the above. fined' 4 -Qt Simon Casas vCII6ofUi2Ty9 Genobeva Lopez State of Colorado } County of Garfield } Acknowledged before me this 30th day of March, 2007 by Simon Casas and Genobeva Lopez. Amy E. Cartwright, Notary . , � %'OFC'• ,,9102010My commission expires0�/0teS Pledge Agreement Page 3 of 3 HERONS NEST RECREATIONAL VEHICLE PARK SPECIAL USE PERMIT AMENDMENT FOR EXPANSION Location Mr. Simon Casas and Ms. Genobeva Lopez (collectively "Applicants") own Lot 3, Sievers Amended Exemption Plat, as recorded in Book 1006, Page 457, Reception Number 503455. This lot has historically been known as the Herons Nest Recreational Vehicle Park, located at 32956 River Frontage Road, Silt, Colorado, 81652, and further located east of the Town of Silt Water Plant, south of Interstate -70, north of the Colorado River, and west of both the Scott Subdivision Exemption (Town of Silt) and the Gregorio and Silvia Delgado parcel. The property is approximately 27.468 acres, and is zoned Agricultural -Industrial (AII) within Garfield County. Camper (Recreational vehicle) parks are a special use permit within this zoning. Existing Conditions The property is subject to the "Sievers Camper Park Special Use Permit # 147" approved by Garfield County on May 25, 1978, which permitted a recreational vehicle park with thirty-eight (38) camper (RV) spaces and thirty-two (32) tent spaces (Please see enclosed SUP and map). Unfortunately, prior to the Applicants' purchase of the property, a prior owner converted and/or added eighteen (18) RV spaces. Fourteen (14) RV spaces were created out of the original tent spaces (Ex.41-54), two (2) additional RV spaces were installed within the main part of the park (Ex. 10 & 31) and two (2) additional RV spaces were installed on the southeastern edge (Ex. 55 & 56) were improved with some or all of the utilities (electric, phone, water, wastewater). In total, fifty-six (56) recreational vehicle spaces have been improved, with eighteen (18) remaining tent spaces. The RV Park includes a commercial propane tank (located by the entrance to the RV Park area), used to dispense propane gas to the RV Park guests' tanks. An on-site manager within a recreational vehicle lives to the south of the existing RV Park office, and performs check - ins, general RV space and tent space maintenance, and landscaping maintenance on the site. An 8 -yard trash dumpster is located to the west of the existing spaces, and is dumped three (3) times a week or more as needed. The Applicant proposes to screen the trash dumpster location, and add another dumpster for the newly proposed RV spaces. Request The Applicants wish to come into conformance with the Garfield County zoning regulations governing A/I properties, and specifically to amend their SUP in order to reflect the current conditions, as well as expand their SUP in order to add additional RV spaces, with all utility connections to water, wastewater, electric and phone. Specifically, the Applicants would like to permit an additional twenty (20) RV spaces immediately, with thirty-four (34) spaces added over time, such spaces as seen on the Applicants' new site plan (Please see Sheet Site 1.1). Initially, the Applicants would have seventy-six (76) spaces, and eventually, the Applicants propose a total of ninety (90) RV spaces for varying sizes of vehicles. Applicants would provide all construction of the new RV spaces, utilities and road, in conformance with Garfield County and the State of Colorado regulations. 1 Hours of Operation/Site Impact Although Herons Nest RV Park currently accepts customers twenty-four (24) hours per day, seven (7) days per week, customers usually arrive at the park between the hours of 7 a.m. and 7 p.m. Motor homes, light and heavy duty trucks pulling 5`" wheel trailers, light and heavy duty trucks with campers, trucks and cars frequent the park on a daily basis in order to camp on the site. The site currently has a six hundred (600) square foot building devoted to showers, restroom and laundry facilities, as well as a small office that is used for check -ins. 2 Heron's Nest RV Park 32958 River Frontage Road, Silt, Colorado 81652 (970) 963-2777 APPLICATION'S COMPLIANCE WITH SECTION 5.02 RE: CAMPER (RECREATIONAL VEHICLE) PARKS The applicant warrants that the Site Plan and the further submitted documents clearly reflect that the application will be in compliance with Section 5.02 of the Garfield County Regulations for "Camper Parks": Access: Section 5.02.05(1) states that the camper (RV) park shall have access to a public street or highway. Response: The Herons Nest RV Park patrons access the site via the following route: 1) Interstate -70; 2) River Frontage Road (length of one hundred foot (100') wide ROW owned by State; 3) River Frontage Road (length of sixty foot (60) wide ROW owned by Town); 4) Thirty (30) foot access easement to Herons Nest RV Park through a section of privately owned land (Lot 3, Scott Subdivision Exemption); 5) Private driveway on the RV Park property. All existing surfaces to the property are paved (asphalt) to a width of between nineteen (19) feet and thirty-six (36) feet. Drainage: Section 5.02.05(2) states that the camper (RV) park shall be located on a well -drained site, graded for rapid drainage and free from stagnant pools of water. Response: Drainage on the existing site is accomplished by natural percolation into the soil for the pasture, landscaping and open space areas within the property. Since the existing RV Park occupies approximately seven (7) acres of the total site, there is a good opportunity to use the unoccupied property for drainage Heron's Nest RV Park 32958 River Frontage Road, Silt, Colorado 81652 (970) 963-2777 purposes. Therefore, storm water will be directed to detention areas located to the north and west of the existing/proposed areas of improvement (spring -fed pond). Since the pond is spring fed, there is little or no chance for the pond to go stagnant, but the Applicant will provide the mosquito pellets if necessary. Layout: Section 5.02.05(3) states that the applicant shall show on the plan all entrances and exits to the park, driveways and walkways and the design and arrangement of all camper (RV) spaces and any included service buildings. Commercial facilities included or proposed as part of the park shall be principally devoted to serving occupants of said park. Area of RV Park: Response: The submitted site plan indicates the additional thirty- four (34) recreational vehicle spaces proposed on the west side of the property. Initially, however, the Applicant would improve only twenty (20) full service units with all utilities, with the other fourteen (14) spaces as limited service unit spaces with no water and wastewater capabilities. The Applicant hopes to maximize the utilization of the property and to provide the guests with spaces close in proximity to the Colorado River. Section 3.01.04 requires a minimum of two (2) acres. Response: The total area of property is 27.468 acres; however, the applicants utilize about seven (7) acres for the existing RV Park of fifty-six (56) spaces. The expansion of thirty-four (34) units will add three (3) additional acres to the size of the existing RV Park. Setbacks: Section 3.01.06 requires the following setbacks to permanent structure for property zoned in the Agricultural/Industrial (A/I) Zone District: Front Yard: (a) arterial streets: seventy-five (75) feet from centerline or fifty (50) feet from lot line whichever is greater; (b) local Heron's Nest RV Park 32958 River Frontage Road, Silt, Colorado 81652 (970) 963-2777 streets: fifty (50) feet from street centerline or twenty-five (25) feet from front lot line, whichever is greater. Rear Yard: twenty-five (25) feet from rear lot line; Side Yard: ten (10) feet from side lot line, or one-half (%2) the building height, whichever is greater. Response: Setbacks are for permanent structures, not recreational vehicles and/or tents. The one (1) proposed structure (storage/shower building) exceeds the most restrictive setback from Interstate -70 and River Frontage Road. Due to the fact that the RV Park is quite a distance from a public street (River Frontage Road) and gains access from River Frontage Road, it would appear that the application is in compliance with all applicable setbacks. RV Space: Section 5.02.07 requires that the area devoted to each camper space designed for camper vehicles or trailers shall be adequate to accommodate the following facilities and spatial requirements: Each space shall be provided with a graveled vehicle and trailer parking space of length and width to accommodate the type of camper or trailer by which the space is intended to be occupied. Fireplaces, fire circles and picnic tables shall be installed in sufficient quantities and in convenient locations to satisfy occupants' needs for such facilities. Adequate traffic barriers shall be provided to confine vehicles and trailers to driveways and parking spaces. The minimum on -center distance between campers and trailers shall be twenty (20) feet. Response: The existing fifty-six (56) spaces vary in size greatly. Most of the existing spaces average twenty-five (25) feet in width by forty (40) feet in depth. Most proposed spaces also measure twenty-five (25) feet in width by forty (40) feet in depth, but in some cases the widths and depths have been decreased in order to accommodate smaller vehicles such as trucks with camper shells, van campers and tent campers. The minimum on -center distance Heron's Nest RV Park 32958 River Frontage Road, Silt, Colorado 81652 (970) 963-2777 between recreational vehicles is in no case Tess than the minimum required twenty (20) feet. Driveway: Section 5.02.07 (3) states that all camper spaces shall abut upon a driveway graded for drainage and maintained in a rut -free and dust - free condition and which provides unobstructed access to a public street or highway; the minimum unobstructed width of such driveways shall be fifteen (15) feet for one-way traffic or twenty-five (25) feet for two-way traffic, providing no parking is permitted thereon. An additional eight (8) feet of width shall be required for each parallel parking lane constructed adjacent thereto, or twenty (20) feet for each lane of perpendicular or angle parking adjacent thereto. Response: Applicant proposes to install a twenty-five (25) foot wide driveway constructed of Class 6 road base, compacted and rolled to resist ruts. Further, the applicant will apply magnesium chloride to the road base, once installed, in order to minimize dust. The driveway will be a two-way orientation, with no parking on either side of the driveway. The proposed roadway adjacent to the new spaces shall be an extension of the existing roadway, which has full access into and out of the RV Park, as discussed earlier. At the time of installation of the new RV spaces and roadway, any non -conforming roadway in the existing RV Park area will be brought into compliance. Water Supply: Section 5.02.08 requires the following general requirements: 1) A domestic water supply that is in compliance with the drinking water standards of the Colorado Department of Health (CDPHE) shall be provided in each Camper (Recreational Vehicle) Park; Response: Applicant is required to submit to the State of Colorado for water testing quarterly. The last testing for the quarter ending December 31, 2007 was negative for E. coli and coliform. A copy of the testing records for the first three quarters Heron's Nest RV Park 32958 River Frontage Road, Silt, Colorado 81652 (970) 963-2777 of 2007, as well as a site visit by the State to determine compliance, have been included in this application for the County's consideration. 2) Every well or suction line of the water supply system shall be located and constructed in such a manner that neither underground nor surface contamination will reach the water supply from any source; Response: Applicant proposes to utilize the same two (2) wells for the expansion. As mentioned in the last section, an independent laboratory determined there was no contamination of either well. 3) The treatment of a private water supply shall be in accordance with applicable laws and regulations; Response: The applicant currently chlorinates all water supplied to his customers, and is monitored by the State of Colorado frequently. 4) Water Distribution System: (A) The water supply system of the park shall be connected by pipes to all mobile homes, buildings and other facilities requiring water; Response: The water system will be extended to each new proposed space, as well as the proposed storage, showers and laundry room. (B) All water piping, fixtures and other equipment shall be constructed and maintained in accordance with state and local regulations and requirements and shall be of a type and in locations accepted by the County Environmental Officer; Response: Applicant shall install all water piping, fixtures and other equipment in accordance with all state and local regulations and requirements and shall be of a type and in locations accepted by the County Environmental Officer. (C) The system shall be so designed and maintained as to provide a pressure of not less than twenty (20) nor more Heron's Nest RV Park 32958 River Frontage Road, Silt, Colorado 81652 (970) 963-2777 than eighty (80) pounds per square inch, under normal operating conditions, at service buildings and other locations requiring potable water supply; Response: The RV Park currently has good water pressure (between 30 and 50 psi), as measured by a pressure gauge at the well pump. If the pressure goes below 30 psi, the pump automatically starts in order to bring the pressure up to 50 psi. (D) A minimum horizontal separation of ten (10) feet shall be maintained between all domestic water lines and sewer lines; Response: The Site Plan (Sheet 1.1) indicates this separation. (E) Underground stop and waste valves shall not be installed on any water service. Response: Above ground stop valves will be installed. Section 5.02.10 (1) requires that the water supply shall be capable of supplying fifty (50) gallons per space per day for all spaces lacking individual water connections and one -hundred (100) gallons per space per day for all spaces provided with individual water service connections. Response: The existing RV Park is served by two (2) wells, Nielson Well No. 1, awarded 6 gallons per minute (up to 6 acre feet annually) absolute; 11 gallons per minute (up to 11.53 acre feet annually), conditional, for commercial use in the Herons Nest RV Park, with an appropriation date of April 25, 1972 as to the absolute right and May 31, 2006 as to the conditional right, with an alternate point of diversion at the Nielson Well No. 2. The well is located in the SE 'A, NE '/, Section 9, Township 6 South, Range 92 West, 66 P.M. at a point 586 feet from the East line and 2,088 feet from the North line of Section 9. The second well, Well Permit no. 24329-F, as decreed in the Garfield County District Court, Water Division No. 5, Case No. 05CW142 on October 14, 2006, more particularly described as Nielson Well No. 2., awarded 2 gallons per minute (up to 3.5 acre feet annually), absolute; 11 Heron's Nest RV Park 32958 River Frontage Road, Silt, Colorado 81652 (970) 963-2777 gallons per minute (up to 11.53 acre feet annually), conditional, for commercial use in the Herons Nest RV Park, with an appropriation date of April 23, 1979 as to the absolute right and May 31, 2006 as to the conditional right, with an alternate point of diversion at the Nielson Well No. 1. The well is located in the SE 1/4, NE 1/4, Section 9, Township 6 South, Range 92 West, 66 P.M., at a point 293 feet from the East line and 2,197 feet from the North line of Section 9. Additionally, the property carries a water service contract (Contract No. 050519CN(a), from the West Divide Water Conservancy District, dated August 5, 2005, for 1.73 acre feet annually, to account for the project's winter water needs. Overall, the two wells could produce up to 10,520 gallons per day (absolute) and 31,680 gallons per day (conditional), or 42,200 gallons per day total. Each existing space has an individual water connection and therefore the existing spaces require 5,600 gallons per day (56 x 100 gallons per day). The expansion of thirty-four (34) RV spaces would utilize 3,400 gallons per day (34 x 100 gallons per day), for a total of 9,000 gallons per day. The property also utilizes 2.88 shares of Grand River Ditch Company irrigation water, for irrigation of the pasture, landscaping and open space areas, approximately seventeen and one-half (17.5) acres. Other portions of the property are fed by the spring (wetlands) and/or are not irrigated. No well water is used for the landscaping. Water Distri- bution: Section 5.02.10(2) states that if facilities for individual water service connections are provided, the following requirements shall apply: (A) Riser pipes provided for individual water service connections shall be so located and constructed that they Heron's Nest RV Park 32958 River Frontage Road, Silt, Colorado 81652 (970) 963-2777 will not be damaged by the parking of travel trailers or campers; Response: Applicant proposes to install protective barriers to prevent roll-over of utilities; (B) Water -riser pipes shall extend at least four (4) inches above ground elevation unless recessed in a box or sleeve. The pipe size shall be 3/4 inch; Response: Applicant proposes to construct the water risers in this manner. (C) Adequate provisions shall be made to prevent freezing of main service lines, valves and riser pipes; Response: The applicant proposes that the water distribution lines will be composed of 180 psi PVC or Purecore, buried to a frost depth of no Tess than thirty-six (36) inches in order to avoid freezing. (D) Valves shall be provided near the outlet of each water service connection. They shall be turned off and the outlets capped or plugged when not in use; Response: Applicant proposes valves at the outlet of each water service connection, with covers to cap the outlets when not in use by patrons. Watering Stations: Section 5.02.10(3) states: (A) Each camper vehicle or trailer parking area shall be provided with one (1) or more easily accessible watering stations for filling water storage tanks. Such water supply outlets shall consist of at least a water hydrant and the necessary appurtenances and shall be protected against the hazards of backflow and back siphonage. Response: Applicant proposes a potable watering station in the expansion area, complete with a backflow prevention valve, in order for customers to fill water storage tanks. Heron's Nest RV Park 32958 River Frontage Road, Silt, Colorado 81652 (970) 963-2777 Fire Protection: Section 5.02.11 states that provisions shall be made for giving alarm in case of fire. It shall be the responsibility of the duly authorized attendant or caretaker to inform all tenants about means of summoning fire apparatus, sheriff's department and park employees. No open fires shall be left unattended at any time. (1) Portable Fire Appliances: (A) Approved facilities shall be provided for fighting fires in ordinary combustible materials (Class A), readily accessible to all park occupants, in readily visible locations. Such facilities shall consist of a hose of a type usable in all weather, permanently attached or in cabinets immediately adjacent to the hose connection so located that any part of any mobile home, travel trailer or camper vehicle can be reached with the garden hose stream; (B) One (1) or more approved carbon dioxide or dry chemical extinguishers of a type suitable for flammable liquid or electrical fires (Class B and Class C) shall be located either in an open station so that it will not be necessary to travel more than a hundred (100) feet to reach the nearest extinguisher, or inside each mobile home and camper at the owner's responsibility and verified by the park operator. (C) Appropriate arrangements shall be made to prevent freezing of fire -fighting equipment. Response: Each existing space (56) within the RV Park has a water hook-up that can be utilized in fighting fires. Further, each of the initial twenty (20) new full service spaces will have a water hook-up that can be utilized in fighting fires. Applicant currently provides fire extinguishers in the office building and the Iaundry room. Upon completion of the secondary storage and shower facility, Applicant will provide two (2) additional fire Heron's Nest RV Park 32958 River Frontage Road, Silt, Colorado 81652 (970) 963-2777 extinguishers. Finally, Applicant will ensure that each RV guest has a fire extinguisher upon entrance into park. Conversely, if RV park guest does not have a fire extinguisher within his/her RV, that guest will be directed towards a space within one hundred (100) feet of an office/shower facility. A yard hydrant is located on New RV space 5, and could be utilized for fighting a fire, as could any other water connection within the entire park. The site is clearly adjacent to the Colorado River, which may be used by the fire department for fire fighting, if needed. The Town of Silt recently required a developer to install a fire hydrant at Lot 3 of the Scott Subdivision Exemption (entrance to this project), which obviously could be used in an emergency. Sewage Disposal: Section 5.02.13 states that an adequate sewage system shall be provided in each camper (RV) park for the purpose of conveying and disposing of all sewage. Such system shall be designed, constructed and maintained in accordance with all state and local laws. (1) Sewer Lines: All sewer lines shall be located in trenches of sufficient depth to be free of breakage from traffic or other movements and shall maintain a minimum horizontal separation of ten (10) feet from all domestic water lines. Sewers shall be at a grade that will insure a velocity of two (2) feet per second when flowing full. All sewer lines shall be constructed of materials accepted by state or local laws and shall meet design criteria of the Colorado Department of Health. (2) Sewage Treatment and/or Discharge: Where the sewer lines of the park are not connected to a public sewer, all proposed sewer disposal facilities shall be approved by the Environmental Health Officer prior to connection. Heron's Nest RV Park 32958 River Frontage Road, Silt, Colorado 81652 (970) 963-2777 Individual Sewer Connec- tions: Effluent from sewage treatment facilities shall not be discharged into any waters of the State except with prior approval of the Colorado Department of Health. Response: Currently, the site's wastewater is treated by a septic system (Advantex Recirculating, Packed -Bed Filters (6)), which can treat up to 4,000 gallons per day. This system is located in the northern portion of the property (Please see Sheet 'Site 1'). Applicant proposes to construct sewer collection mains so as to achieve a velocity of two (2) feet per second, and the lines shall be constructed of standard 8" sewer pipe. The Colorado Department of Public Health and the Environment (CDPHE) inspected the septic system upon installation and determined the system was operating effectively and as designed. The State monitors this system annually, as the Applicant must submit reports based on the amount of wastewater processed. No effluent from the sewage treatment facility (septic tank) will be discharged into any water of the State. Please see letter from Gamba and Associates that speaks to the capacity of this system as related to the Applicant's request. Section 5.02.15 states that if facilities for individual sewer connections are provided, the following requirements shall apply: (A) The sewer riser pipe shall have at least a four (4) inch diameter, shall be trapped below the ground surface and shall be so located on the trailer space so that the sewer connection to the trailer system will approximate a vertical position; Heron's Nest RV Park 32958 River Frontage Road, Silt, Colorado 81 652 (970) 963-2777 Electrical Distribu- tion Communi- cation Wiring: (B) The sewer connection shall have a nominal inside diameter of at least three (3) inches, and the slope of any portion thereof shall be at least one-eighth (1/8) inch per foot. All joints shall be watertight. (C) All materials used for sewer connections shall be corrosive resistant, nonabsorbent and durable. The inner surface shall be smooth; (D) Provision shall be made for plugging the sewer riser pipe when a trailer does not occupy the space. Surface drainage shall be diverted away from the riser. No liquid wastes from sinks shall be discharged onto or allowed to accumulate on the ground surface. Response: Applicant proposes to construct individual sewer connections to these specifications. Storm water shall be diverted away from individual sewer connections. No outside dumping of liquid waste is allowed within the RV Park. Section 5.02.16 states that each camper (RV) park may contain an electrical distribution system, consisting of wiring, fixtures, equipment and appurtenances thereto which shall be installed and maintained in accordance with the USA Standard "National Electrical Code, 1971" and all subsequent amendments thereto. Telephone and cable TV systems may be installed and maintained. All plans for the above services shall have the approval of the responsible utility prior to county approval of park plans. Response: Applicant proposes to install electrical service to each newly proposed space, in compliance with the applicable electrical code. No cable TV systems are proposed at this time. The Applicant has consulted with XCeI Energy regarding the Heron's Nest RV Park 32958 River Frontage Road, Silt, Colorado 81652 (970) 963-2777 Service Buildings (Commu- nity Sanitary Facilities): expansion of the RV Park, and XCeI Energy supports a new power pole located on the eastern section of the expansion. Section 5.02.17 states: (1) The requirements of this Section shall apply to service buildings, recreation buildings and other community service facilities such as: (A) Management offices, repair shops and storage areas; (B) Sanitary facilities; (C) Laundry facilities; (D) Indoor recreation areas; (E) Commercial uses supplying essential goods or services for the exclusive use of park occupants. Response: The Applicant proposes a building to accommodate storage, and separate facilities for men's showers/rest room and women's showers/restroom. (2) Structural Requirements for Buildings: (A) All portions of the structure shall be properly protected from damage by ordinary uses and by decay, corrosion, termites and other destructive elements. Exterior portions shall be of such materials and be so constructed and protected as to prevent entrance or penetration of moisture and weather. (B) All rooms containing sanitary or laundry facilities shall have sound -resistant walls extending to the ceiling between male and female sanitary facilities. Walls and partitions around showers, bathtubs, lavatories and other plumbing fixtures shall be constructed of dense, non- Heron's Nest RV Park 32958 River Frontage Road, Silt, Colorado 81652 (970) 963-2777 absorbent waterproof material or covered with moisture resistant material. (C) Each room containing sanitary or laundry facilities shall have at least one (1) window or skylight facing directly to the outdoors. The minimum aggregate gross area of windows for each room shall not be less than ten percent (10%) of the floor area served by them. Have at least one (1) window which can be easily opened, or a mechanical device which will adequately ventilate the room; (D) Toilets shall be located in separate compartments equipped with self-closing doors. Shower stalls shall be of the individual type. The rooms shall be screened to prevent direct view of the interior when the exterior doors are open; (E) Illumination levels shall be maintained as follows: (i) general seeing taks — five (5) foot-candles; (ii) Laundry room work area — forty (40) foot-candles; (iii) Toilet room in front of mirrors — forty (40) foot- candles; (E) Hot and cold water shall be furnished to every lavatory, sink, bathtub, shower and laundry fixture, and cold water shall be furnished to every closet and urinal; Response: Applicant proposes to construct the facility in this manner. Section 5.02.18 Service Building Requirements (Applicable Only to Camper (RV) Parks) (A) A central service building containing the necessary toilet and other plumbing fixtures specified shall be provided in all camper vehicle or trailer parking areas which provide spaces for dependent vehicles or trailers and for tent camping areas. Service buildings shall be conveniently located within a radius of approximately three hundred (300) feet to the spaces to be served; Heron's Nest RV Park 32958 River Frontage Road, Silt, Colorado 81652 (970) 963-2777 (B) Sanitary facilities for women shall include a minimum of one (1) flush toilet, one (1) lavatory and one (1) shower for each fifteen (15) spaces or fractional number thereof. (C) Sanitary facilities for men shall include a minimum of one (1) flush toilet, one (1) urinal, one (1) lavatory and one (1) shower for each fifteen (15) spaces or fractional number thereof; (D) Where a camper park is designed for and exclusively limited to use by self-contained camper vehicles or trailers, no public sanitary facilities shall be required; (E) When a camper park requiring a service building is operated in connection with a resort or other business establishment, the number of sanitary facilities for such business establishment shall be in excess of those required by the schedule for camper spaces and shall be based on the total number of persons using such facilities. Response: Applicant is proposing fourteen (14) dependent spaces within the park, since water, wastewater, electric and telephone will be added to twenty (20) new spaces, and only stubbed out to an additional fourteen (14) new spaces. Although the Applicant is not required to provide any sanitary services, the Applicant feels that another shower room (for each sex) and another laundry room is necessary on the site. Super- vision: Section 5.02.19 states that there are General Requirements for Supervision of the camper (RV) park. (1) The duly authorized attendant or caretaker shall be in charge at all times to keep the park, its facilities and equipment in a clean, orderly and sanitary condition; (2) The owner shall be answerable for the violation of any provision of this Regulation and other applicable County and Heron's Nest RV Park 32958 River Frontage Road, Silt, Colorado 81652 (970) 963-2777 State regulations. Copies of Regulations shall be made available to the park residents by the park manager or owner; (3) Refuse Handling: the storage, collection and disposal of refuse in mobile home parks and camper parks shall be so arranged as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution. All refuse shall be disposed of at either a municipal or county designated landfill site. (4) Pest Control: grounds, buildings and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform to the requirements of the County Environmental Health Officer and the Colorado State Department of Health; (5) Pet Control: no owner or person in charge of any dog, cat or other pet animal shall permit it to run at large or commit any nuisance within the limits of any mobile home or camper (RV) park. Response: The Applicant has cleaned up the site considerably since the last ownership. Already, numerous trips have been made to the Garfield County Landfill in order to clean up the site and provide for a safe and pleasant environment for the RV Park guests. The Applicant employs an on-site manager that oversees all activity on the site, and she will provide for the compliance of all County and State regulations. The Applicant is currently providing a refuse disposal dumpster (8 yard) that is picked up by a commercial trash hauler three (3) times a week or more as needed, and is located currently to the west of New Lot 8. An additional dumpster for the new spaces may be added at the same location in order to provide for sanitary refuse disposal. Applicant will provide for pest control on the property, and spray as needed annually. Lastly, the Applicant shall ensure that RV Park guests adhere to County and RV Park pet control regulations. Heron's Nest RV Park 32958 River Frontage Road, Silt, Colorado 81652 (970) 963-2777 Parking: Section 5.02.20(1) requires that the principal business of the park shall be to provide parking spaces for travel trailers, camper vehicles and/or tent camping. Response: Application is in compliance. Stay Limitation: Section 5.02.20(1) requires that occupancy in camper parks by any individual shall be limited to no more than one hundred twenty (120) days per year in any one (1) or combination of camper (RV) parks in the County. Response: Applicant will ensure that occupants do not stay in the park longer than one hundred twenty (120) days in a calendar year. Size Limitation: Section 5.02.20(2) requires that travel trailers and camper vehicles accommodated shall not exceed forty (40) feet in length and eight (8) feet in width. Response: Applicant will ensure that occupants adhere to these guidelines. Septic System G A M B A & ASSOCIATES CONSULTING ENGINEERS & LAND SURVEYORS ww w,4A MBRf N4�MRfn,x4.CO,x FHONE: 970/945-2550 FAX: 970/945-1410 NINTH STREET, SUITE 214 P.Q. Box 1458 GLENWOOD SPRINGS, COLORADO 81602-1458 Wednesday, February 131h, 2008 Janet Aluise Aluise Planning Consultants 1 179 Standing Deer Drive Silt, CO 81 652 By: hand, copy by email Re: Heron's Nest RV Park — ISTS System Capacity Dear Janet: We have been asked to evaluate the Individual Sewage Treatment Systems (ISTS) installed at Heron's Nest RV Park to determine if, and to what extent, the park may be expanded, while not overloading the capacity of either (or both) of the sewage treatment systems. Toward that end, we have requested and received daily flow data from the well supplying the entire park, as well as the operating times for each of the two effluent pumps on the two septic systems in the park. Based an the results of our study, we believe that it is possible to increase the number of spaces in the Heron's Nest RV Park from the As -Built capacity of 50 - spaces, by a total of 20 -new spaces, to a final total of 70 -spaces. This recommendation is made on with the caveat that the additional spaces are standard, 50 -gallon -per -day (average demand) RV spaces. An additional caveat on this recommendation is that Orenco Systems, Inc. agrees that the proposed additions do not present a problem for the existing System #1. The additional spaces should be added to System #1, as labeled on the system operation panels. (THIS 15 CRITICAL!) There was a switch in the labeling of the ISTS systems during construction, which is not reflected on the As -Built plans. The As -Built plans use the same numbering system as the original design plans, i.e. the design flow from most of the RV unit spaces (System #1) was to flow to the original concrete septic tank, while the flow from the easternmost RV unit spaces AND the Office/Laundry/Bathrooms (System #2) was to flow to the new fiberglass septic tank. During the construction process, the new fiberglass septic tank (and its interceptor line) were placed first, and so became labeled opposite to the design label, as System #1. It is critical that when if and when the additional RV unit spaces are added to the park, they be plumbed to the fiberglass septic tank, which is the southernmost (closest to the Colorado River) of the two ISTS systems. Angela Helliwell of SCG Enterprises, Inc. the Colorado Orenco representatives, and I made a preliminary inspection of both systems on Monday, February 11'h, 2008. System #1, as labeled on the system operation panels, (the fiberglass septic tank) seems to be operating very well, and the quality of effluent appears to be excellent. Our system flow data (both water meter and effluent pump records) Heron's Nest RV Park — Individual Sewage Treatment Systems evaluation Wednesday, February 13'h, 2008 Page 1 of 2 are being forwarded to Orenco Systems for their review, to verify that our conclusions are correct. We expect that they will concur in our evaluation that System #1 can support an additional 20 RV unit spaces, at a peak flow of 75 -gallons per day. We strongly recommend the following steps be implemented: 1 That when the plans are developed for the additional RV unit spaces, we be given an opportunity to review and comment. 2. That all State and Garfield County rules and regulations regarding the additions to the water and sewer systems are strictly adhered to, and that the Colorado Department of Public Health and the Environment (CDPHE) be copied on the plans for formal review and approval. 3. That each RV unit space is equipped with a totalizing water meter, installed in a pit adjacent to the water tap, and that daily records are kept of individual RV unit space water use. This will help reduce wasteful water use, and provide an easier check on Teaks and running taps (especially in winter). 4. That if at any time, the System #1 ISTS appears to be distressed in any way, then a plan for the reduction in the water use by all spaces, and the Office/Laundry/Bathroom facility be implemented immediately, and continued until the ISTS system is fully recovered. 5. That a water engineer be employed to verify that there is adequate legal and physical water to supply the additional proposed RV unit spaces. 6. That outside uses of the facilities, by hunters, day laborers, etc. be curtailed or eliminated. The design parameters of the system, particularly the Laundry and Bathroom facilities, did not contemplate any outside uses, and are based on the actual number of RV unit spaces in the park. If you have any questions, please call me at (970) 945-2550, extension 206, or by email at: tcpage@gambaengineering.com. Sincerely, Gamba & Associates, Inc. Ca er Page, .E. 3 61 cc: Simone Casias, Owner Mark Kadnuck, P.E., CDPHE, WQCD H:107681\CommunicalionAHerons Nesi ISTSCapacily.doc Heron's Nest RV Park — Individual Sewage Treatment Systems evaluation Wednesday, February 13'h, 2008 Page 2 of 2 's Parcel No. CHARGES 'colation Test $100.00 Ludes final inspection) It Processing Fee $50.00 Check t� Cash Money Order ALL CHECKS ARE TO BE MADE Owner's Name Permit No. 4112 /-k Croy' 5 10+ Pt) Pia r Address at System Location 7) D t 0 t Pr°v\-61-2- P\df' Amount Paid G� L 024 :��'� '"vr�J S• r4 -r Date Paid / 17/() Cashier 0 PAYABLE TO GARFIELD COUNTY TREASURER �t _or� X11 f j5� r, L� hh�Y to Whine - APPLICANT Yellow - DEPARTMENT • GAMBA & A S S O c r A T E S CONSULTING ENGINEERS Be LAND SURVEYORS ww+, Ix[1111Mo.c0.1 PHONE: 970/945-2550 FA x: 970/945-1410 3 NINTH STREET, SUITE 214 P.O. Box 1458 GLENWOOD SPRINGS, COLORADO 81602-1458 Monday, September 12, 2005 Mark Kadnuck, P.E. Technical Services Unit Water Quality Control Division (WQCD) Colorado Department of Public Health and Environment Grand Junction District Office 222 South 6th Street, Room 232 Grand Junction, CO 81501 RE: Heron's Nest RV Park, Silt Colorado - Individual Sewage Treatment System (ISTS) Final Plans for review and comment. Dear Mark: Enclosed please fend a five -sheet set of Final Plans for the two ISTS systems to serve Heron's Nest R.V. Park in Silt. If you have any questions, please call. Sincerely, Gamba & Associates, in age, P.E. 354-61 Enclosures: Five -sheet set of Final Plans for the RV Park. cc: Andy Schwaller, Chief Building Official, Garfield County. Cory Nielson, Owner, Heron's Nest RV Park Ha4236150411SDS\Communications\Conceptual Plan to Tam Schaffer.doc Heron's Nest RV Park — ISTS Final Plans transmittal Wonday, September 12, 2005 Page 1 of 1 4�. INDIVIDUAL SEWAGE DISPOSAL SYSTEM APPLICATION Systme # 2 OWNER Cory B. Nielson Heron's Nest R.V. Park ADDRESS. 32958 R-ivpr Frnntaje Rand CONTRACTOR ADDRESS Unknown at this time gilt, Co 8 i 652 PHONE PHONE 970-876-.2443 PERMIT REQUEST FOR ( ) NEW INSTALLATION ( ) ALTERATION (X) REPAIR Attach separate sheets or report showing entire area with respect to surrounding areas, topography of area, habitable building, location of potable water wells, soil percolation test holes, soil profiles in test holes (See page 4). LOCATION OF PROPOSED FACILITY: Near what City of Town Silt, Colorado Size of Lot 27.46 Ac Legal Description or Address 32958 River Frontage Road Silt, CO 81652 WASTES TYPE: ( ) DWELLING ( ) TRANSIENT USE ( ) COMMERCIAL OR INDUSTRIAL ( ) NON-DOMESTIC WASTES (X) OTHER - DESCRIBE R.V. Park BUILDING OR SERVICE TYPE: Please see System Calcualtions Number of Bedrooms Number of Persons ( ) Garbage Grinder ( ) Automatic Washer ( ) Dishwasher SOURCE AND TYPE OF WATER SUPPLY: (X) WELL ( ) SPRING ( ) STREAM OR CREEK If supplied by Community Water, give name of supplier: DISTANCE TO NEAREST COMMUNITY SEWER SYS 1. M: 560 FT Was an effort made to connect to the Community System? yes - Cost Prohibitive A site plan is required to be submitted that indicates the following MINIMUM distances: Leach Field to Well: 100 feet 427 Feet Septic Tank to Well: 50 feet 735 Feet Leach Field to Irrigation Ditches, Stream or Water Course: 50 feet 199 Feet Septic System (septic tank & disposal field) to Property Lines: 10 feet 105 Feet YOUR INDIVIDUAL SEWAGE DISPOSAL SYSTEM PERMIT WILL NOT BE ISSUED WITHOUT A SITE PLAN. GROUND CONDITIONS: Depth to first Ground Water Table Greater than 8 Ft Percent Ground Slope 4% + TYPE OF INDIVIDUAL SEWAGE DISPOSAL SYSTEM PROPOSED: Please see attached Drawings. (X)" SEPTIC TANK ) YAULT PRIVY ) PIT PRIVY } CHEMICAL TOILET( x) FINAL DISPOSAL BY: ( ) AERATION PLANT ( ) VAULT ( ) COMPOSTING TOILET ( ) RECYCLING, POTABLE USE ( ) INCINERATION TOILET ( ) RECYCLING, OTHER USE OTHER -DESCRIBE Advantex Recirculating. Packed 4ed Filters (6) ABSORPTION TENCH, BED OR PIT ( ) EVAPOTRANSPIRATION UNDERGROUND DISPERSAL ( ) SAND FILTER ABOVE GROUND DISPERSAL ( ) WASTEWATER POND OTHER -DESCRIBE WILL EFFLUENT BE DISCHARGED DIRECTLY INTO WATERS OF THE STATE? NO PERCOLATION TEST RESULTS: (To be completed by Registered Professional Engineer, if the Engineer does the Percolation Test) Minutes 5 per inch in hole No. 1 Minutes 2.5 per inch in hole NO. 3 Minutes 35 per inch in hole No. 2 Minutes per inch in hole NO. Narne, address and telephone of RPE who made soil absorption tests: T. Carter Page P.E. C/0 Gamba & Associates, Inc 113 9th Street—Suite 914. a1 enwnnd Springq, Cr) R16l11 970-945-2550 Name, address and telephone of RPE responsible for design of the system: C/0 Gamba & Associates. Inc. 113 9th Steer Swirl., '14 T. Carter Pe P.R. ■ . S _. 1 970-945-2550 Applicant acknowledges that the completeness of the application is conditional upon such further mandatory and additional tests and reports as may be required by the local health department to be made and furnished by the applicant or by the local health department for purposed of the evaluation of the application; and the issuance of the permit is subject to such terms and conditions as deemed necessary to insure compliance with rules and regulations made, information and reports submitted herewith and required to be submitted by the applicant are or will be represented to be true and correct to the best of my knowledge and belief and are designed to be relied on by the local department of health in evaluating the same for purposes of issuing the permit applied for herein. I further understand that any falsification or misrepresentation may result in the denial of the application or revocation of any permit granted based upon said application and in legal action for perjury as provided by law. Signed Date PLEASE DRAW AN ACCURATE MAP TO YOUR PROPERTY!! 3 DISTRICT COURT, WATER DIVISION 5, GARFIELD COUNTY COURT ADDRESS: GARFIELD COUNTY COURTHOUSE 109 8TH STREET, SUITE 104 GLENWOOD SPRINGS, CO 81601 TELEPHONE: (970) 945-5075 A COURT USE ONLY A CONCERNING THE APPLICATION FOR WATER RIGHTS OF: CORY AND JONG OK NIELSON IN GARFIELD COUNTY TRANSFERORS' ATTORNEYS: ROBERT M. NOONE, #12452 CHRISTINA R. SLOAN, #36041 THE NOONE LAW FIRM A PROFESSIONAL CORPORATION P.O. DRAWER 39 GLENWOOD SPRINGS, CO 81602 P: (970) 945-4500 F: (970) 945-5570 E: RMN@NOONELAW.COM; CRS@NOONELAW.COM CASE No.: 05CW142 DIVISION: NOTICE OF TRANSFER OF CONDITIONAL WATER RIGHT Transferors, Cory and Jong OK Nielson, respectfully submit this Notice to the Court pursuant to Local Rule 9. 1. Pursuant to the requirements of Local Rule 9, the above-named transferors of certain conditional water rights, provide the following notice of the transfer of conditional water ri fits: A. Name of structures and conditional water rightstransferred for commercial use at the Heron's Nest RV Park: • Nielson Well No. 1, 11 g.p.m. (up to 11.53 a.f. annually) • Nielson Well No. 2, 11 g.p.m. (up to 11.53 a.f. annually) B. Name of transferors of water rights: Cory and Jong OK Nielson C. Name and address of transferee of conditional water rights: Simon Casas and Genobeva Lopez, 118 Euclid, Carbondale, CO 81623. D. We acknowledge the existence of Uniform Local Rule 9 and of its requirement to notify the Court of any change of ownership or change of our address. 2. A copy of the recorded Quit Claim Deed evidencing said conveyance is attached as Exhibit A. District Court, Water Division 5 Case No. 05CW1 42 Notice of Transfer of Conditional Water Rights Page 1 of 2 Respectfully submitted this 11th day of May 2007. S/Christuza R. Sloan Christina R. Sloan Attorney for Transferors In accordance with C.R.C.P. 121§1-26(9) this document has been electronically filed via LexisNexis File and Serve®. A printed copy of this document with original signatures is maintained by the Noone Law Firm, P.C., and will be made available for inspection by other parties or the Court upon request. CERTIFICATE OF E -FILING AND MAILING I HEREBY CERTIFY that on the 11th day of May 2007, I served a true and correct copy of the foregoing NOTICE OF TRANSFER OF CONDITIONAL WATER RIGHT via LexisNexis File and Serve, or via U.S. Mail, postage pre -paid and addressed . as follows: Simon Casas & Genobeva Lopez 118 Euclid Carbondale, CO 81623 S/Erika A. Harvey Erika A. Harvey District Court, Water Division 5 Case No. 05CW142 Notice of Transfer of Conditional Water Rights Page 2 of 2 Water Contract ED In MN 11/2111.1W.PASInfillfiltin 111111 Recept iaf# : 720360 1 of 2 007 11:28:31 e$.0©f4Doe1909 P:0370 loan Fee!0.00 GARFIELD1COUNTY CO 1 at 2 Rea QUIT CLAIM DEED THIS QUIT CLAIM DEED is made this the 30th day of March 2007 by and between Jong Ok Nielson and Cory B. Nielson, whose legal address is 3843 County Road 241, New Castle, CO 81647 (collectively referred to herein as "Grantor") and Simon Casas and Genobeva Lopez, as tenants in common, whose legal address is 118 Euclid, Carbondale, CO 81623 (collectively referred to herein as "Grantee"). WITNESS, that the Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00), the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUITCLAIMED, and by these presents does remise, release, sell and QUITCLAIM unto the Grantee, their successors and assigns forever, all the right, title, interest, claim and demand which the Grantor has in and to the water rights described below, if any: 1. 2.88 shares of stock in the Grand River Ditch Company, stock certificate no. 823. 2. Well Permit No. 24328-F, as decreed in the Garfield County District Court, Water Division No. 5, Case No. 05CW142 on October 14, 2006, more particularly described as follows: Nielson Well No. 1, awarded 6 g.p.m. (up to 6 al annually), absolute; 11 g.p.m. (up to 11.53 a.f., annually), conditional, for commercial use in the Heron's Nest RV Park, with an appropriation date of April 25, 1972 as to the absolute right and May 31, 2006 as to the conditional right, with an alternate point of diversion at the Nielson Well No. 2. The well is located in the SE 1, NE 1/4, Section 9, Township 6 South, Range 92 West, 6`h P.M., at a point 586 feet from the East line and 2,088 feet form the North line of Section 9. 3. Well Permit No. 24329-F, as decreed in the Garfield County District Court, Water Division No. 5, Case No. 05CW142 on October 14, 2006, more particularly described as follows: Nielson Well No. 2, awarded 2 g.p.m. (up to 3.5 a.f annually), absolute; 11 g.p.m. (up to 11.53 a.f., annually), conditional, for commercial use in the Heron's Nest RV Park, with an appropriation date of April 23, 1979 as to the absolute right and May 31, 2006 as to the conditional right, with an altemate point of diversion at the Nielson Well No. 1. The well is located in the SE %, NE '/, Section 9, ,j- Township 6 South, Range 92 West, 6th P.M., at a point 293 feet from the East line and 2,197 feet form the North line of Section 9. 4. .The Plan for Augmentation, and all water rights included therein, as decreed in the Garfield County District Court, Water Division 5, Case No. 05CW142 on October 14, 2006. 5. Water Service Contract No. 050519CN(a), by and between the West Divide Water Conservancy District and Jong OK Nielson and Cory B. Nielson, dated August 5, 2005, for 1.73 a.f. annually. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantee, and Grantee's successors and assigns forever. Signatures on Following Page EXHIBIT A 1�(- en lo .5 605 Citi th vv._ Lip4. Eacitzt Ctrl- 'nl lt)0 tri slt4a-Ls Recepta0n#: 720380 04103/2007 11:29.31 AM 5:1309 p-13371 lean falberica 2 of 2 Rac Fee:$11.00 Doc Fae:0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, Grantor has executed this deed on the date set forth hereinabove. GRANTOR: Jong Ok Nin- / rY ielson STATE OF COLORADO ) )ss COUNTY OF GARFIELD ) ACKNOWLEDGED, SUBSCRIBED AND SWORN TO before me by Jong OK Nielson and Cory B. Nielson, as Grantor, on this the 30th day of March 2007. WITNESS MY HAND AND SEAL. My commission expires: (' 9 iC,6,/601D _ „ovo.. -.0,044"7OZY I:)41 it — 'AC, #1 ! 11 ''.41FWal.-.. ji 11 . iV C2 co v Cammissiart Expires 0 9/06/2010 DISTRICT COURT, WATER DIVISION 5, GARFIELD COUNTY COURT ADDRESS: GARFIELD COUNTY COURTHOUSE 109 8TH STREET, SUITE 104 GLENWOOD SPRINGS, CO 81601 TELEPHONE: (970) 945-5075 ♦ COURT USE ONLY A CONCERNING THE APPLICATION FOR WATER RIGHTS OF: CORY AND JONG OK NIELSON IN GARFIELD COUNTY TRANSFERORS' ATTORNEYS: ROBERT M. NOONE, #12452 CHRISTINA R. SLOAN, #36041 THE NOONE LAW FIRM A PROFESSIONAL CORPORATION P.O. DRAWER 39 GLENWOOD SPRINGS, CO 81602 P: (970) 945-4500 F: (970) 945-5570 E: RMN@NOONELAW.COM; CRS@NOONELAW.COM CASE No.: 05CW142 DIVISION: NOTICE OF TRANSFER OF CONDITIONAL WATER RIGHT Transferors, Cory and Jong OK Nielson, respectfully submit this Notice to the Court pursuant to Local Rule 9. 1. Pursuant to the requirements of Local Rule 9, the above-named transferors of certain conditional water rights, provide the following notice of the transfer of conditional water rights: A. Name of structures and conditional water rights transferred for commercial use at the Heron's Nest RV Park: • Nielson Well No. 1, 11 g.p.m. (up to 11.53 a.f. annually) • Nielson Well No. 2, 11 g.p.m. (up to 11.53 a.f. annually) B. Name of transferors of water rights: Cory and Jong OK Nielson C. Name and address of transferee of conditional water rights: Simon Casas and Genobeva Lopez, 118 Euclid, Carbondale, CO 81623. D. We acknowledge the existence of Uniform Local Rule 9 and of its requirement to notify the Court of any change of ownership or change of our address. 2. A copy of the recorded Quit Claim Deed evidencing said conveyance is attached as Exhibit A. District Court, Water Division 5 Case No. 05 CW1 42 Notice of Transfer of Conditional Water Rights Page 1 of 2 Respectfully submitted this 11 th day of May 2007. S/Christina R. Sloan Christina R. Sloan Attorney for Transferors In accordance with C_R.C.P. 12151-26(9) this document has been electronically filed via LexisNexis File and Serve®. A printed copy of this document with original signatures is maintained by the Noone Law Firm, P.C., and will be made available for inspection by other parties or the Court upon request. CERTIFICATE OF E -FILING AND MAILING I HEREBY CERTIFY that on the 1 l th day of May 2007, I served a true and correct copy of the foregoing NOTICE OF TRANSFER OF CONDITIONAL WATER RIGHT via LexisNexis File and Serve, or via U.S. Mail, postage pre -paid and addressed as follows: Simon Casas & Genobeva Lopez 118 Euclid Carbondale, CO 81623 S/Erika A. Harvey Erika A. Harvey District Court, Water Division 5 Case No. 45CW142 Notice of Transfer of Conditional Water Rights Page 2 of 2 WEST DIVIDE WATER CONSERVANCY DISTRICT 109 WEST FOURTH STREET 1P. 0. BOX 1478 RIFLE, COLORADO 81650-1478 wathr@wdwcd.org Tel: 970-625-5461 wdwcd.org Fax: 970-625-2796 April 24, 2007 Genobeva Lopez Simon Cases 118 Euclid Carbondale, CO 81623 Dear Ms. Lopez and Mr. Cases: Enclosed is your approved Application for Assignment of Ownership and a copy of the original contract# 050519CN(a). Please read the contract carefully if you have not already done so, but please especially note paragraph 2 concerning availability of water. West Divide obtains its augmentation water from a number of sources and operates its water supply program pursuant to a Temporary Substitute Supply Plan ("TSSP") approved annually by the State Engineer's Office. TSSPs are common for water conservancy districts and West Divide has operated pursuant to a TSSP for several years with no significant reliability issues. Federal policy relating to endangered species, environmental concerns, and forces of nature are always such that no source of water can be guaranteed during any season or from year to year. Further, the State Engineer's Office periodically reviews the geographic area served by West Divide and has recently made a decision to reduce West Divide's Area A Service Area. While your structure is currently located within the West Divide Area A Service Area, the Division Engineer's Office could make another adjustment to the Service Area in the future and your structure could fall outside the Service Area and be subject to curtailment by the State Engineer's Office. West Divide continues to make good -faith efforts to obtain alternative Tong -term supplies in an effort to make reliable and predictable the water supply anticipated by your contract with us. West Divide also continues to make good -faith efforts to maintain its existing TSSP and keep its Area A Service Area intact. For most years, yve expect to be successful in these efforts. This water allotment contract may require you to obtain a well permit from the State Engineer's office. Once your well is drilled you are required to install a measuring device and submit a meter reading to West Divide, upon request. Non-compliance with measuring and reporting requirements are grounds for cancellation of your water allotment contract with West Divide. This could result in action by the State Engineer which could prevent your further use of your well. Sincerely yours, (,Janet Maddock Enclosure cc Division No. 5 Water Resources w/assignment Kerry D. Sundeen, Hydrologist w/assignrnent P.S. Enclosed is a Change in Ownership/address/location form that should be completed and mailed directly to the State of Colorado, Office of the State Engineer. Samuel B. Potter, President Kelly Couey, Vice President Robert J. Zanella, Secretary LaVerne Starbuck, Treasurer Bruce E. Wampler, Director APPLICATION TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT ' West Fourth Street, P. 0. Box 1478, Rifle, Colorado 81650 Contract #050519CN(a) Map # 522 a, b, c, Date Activated 5/19/05 1. APPLICANT INFORMATION Name: Cory Nielson Mailing address: c/o Radio Shack, 1087 Hwy 133 Carbondale, CO 81623 Telephone: 970.963.2139 Authorized neem: Christina R. Sloan, THE NOONE LAW FIRM 2. COURT CASE #'s: Decree Case No. Augmentation Plan Case No. To Be Filed April 2005 3. USE OF WATER – COMMERCIAL (check applicable boxes) Number of units: n/a Total sq. ft. of commercial units: Description of use: Heron's Nest RV Park, 1 office building, 56 RV sites with hook-ups, 4 showers, 4 water closets, 4 restrooms, 2 clothes washers. 4. SOURCE OF WATER Structure: Well Structure Name: Nielson Well 1 Source: Ground water Current Permit 44 24328-F (see attached Well Permit) (1) ' 1 Pumping: Tributary: nla .ion: n/a Structure: Well Structure Name: Nielson Well 2 Source: Ground water Current Permit # 24329-F (see attached Well Permit) (2) Direct Pumping: Tributary: n/a Location: n/a Structure: Well Structure Name: Nielson Wel! 3 Source: Ground water Current Permit # Application submitted March 2005 Direct Pumping: Tributary: n/a Location: _n/a 5. LOCATION OF STRUCTURE Nielson Well 1: Garfield County - SE 1/4, NE 1/4, Section 9, Township 6 South, Range 92 West, 6'h P.M. Nielson Well 2: Garfield County - SE 1/4, NE 1/4, Section 9, Township 6 South, Range 92 West, 6th P.M. I on Well 3: t ,eld County' - SW 1/4, NE 1/4, Section 9, Township 6 South, Range 92 West, 6th P.M 5. (CONTINUED) Distance of well from lines of Section 9 Nielson Well 1: 586 feet from the East line and 2,088 feet from the North line Nielson Weil 2: 293 feet from the East line and 2,197 feet from the North line Nielson Well 3: I,378 feet from the East line and 1,782 feet from the North Zine Elevation: 5400 feet Well location address: See attached Location Map (3), used at address 32956 River Frontage Road, Silt, CO 8I652 (Attach additional pages for multiple structures) 6. LAND ON WHICH I'YATER WILL BE USED (Legal description may be provided as an attachment.) Heron's Nest RV Park, see attached legal description (4) Number of acres in trace: 27.468 Inclusion into the District, at Applicant's expense, may be required. 7. TYPE OF SEWAGE SYSTEM N/A 8. VOLUME OF LEASED WATER NEEDED IN ACRE FEET: 1.73 (see attached Water Demand and Consumptive Use Summary) (5) (minimum of ] acre foot) Provide engineering data to support volume of water requested. Commercial, municipal, and industrial users must provide diversion and consumptive data on a monthly basis. A totalizing flow ureter with remote readout is required to be installed and usage reported to West Divide. Applicant expressly acknowledges it has had the opportunity to review the District's form Muer Allotment Contract and agrees this application is made pursuant and .subject to the terms and conditions contained therein. VT— THE LJ THE NOONE LAW FIRM, P.C. Attorneys for the Applicant Cory Nielson Christina R. Sloan, Esq. Application Date: . 4....'1 I IvIn.J rat -UM 1 Wed Mar 02 14:35:48 MST 2005 COLORADO DIVISION OF WATER RESOURCES Receipt 0295608 Permit `24328 F Div 5 Wd 45 Attachment 1 Basin Md Engineer CJE User CJE Full Name NIELSON CORY B Address 3843 241 RD City State Zip NEW CASTLE CO 81647 - Telephone (970) 984-2852 Case Permit XRef 59849 Well Name County GARFIELD Q10 Q40 SE Q160 NE ^pc 9 s 6 South Rng 92 West Prn Sixth 2000 feet from North Section line 950 feet from East Section line Subdivision Parcel Size PIN 0.00 Filing Block Lot Uses COMMERCIAL Pump Rate Ann Amt Depth Proposed 6.00 6.00 110 Actual 6.00 0.00 100 Irrigated Area 0.00 acres Elevation 0 Pert Casing Top 72 Perf Casing Bottom 100 Water Level 20 Aquiferl ALL UNNAMED AQUIFERS Aquifer2 Driller 655 Pump Installer Statute Meter Log Quai AbReq No No No No Comment Main Activity 04-23-1979 Interim Status 12-12-2002 Last Action 12-12-2002 Permit Issued 09-13-1979 Permit Expires 09-13-1980 Expire Notice Sent 09-27-2002 Well Const Report 01-15-1973 Well Const Complete 07-10-1972 Well Report (Non-trib) Pump Install Report Pump Install Complete lst Beneficial Use • Statement Benef. Use 10-15-2002 r ,e Use (Non-trib) ndonment Report ' vell Plugged Well permit issued. Statement of Beneficial Use returned for corrections. Statement of Beneficial Use returned for corrections. Wed Mar 02 14:35:48 MST 2005 COLORADO DIVISION OF WATER RESOURCES Receipt 0293507A Permit 24329 F ^iv 5 Wd 45 sin Md Engineer CJE User CJE Attachment 2 Full Name NIELSON CORY B Address 3843 241 RD City State Zip NEW CASTLE CO 81647 - Telephone (970) 984-2852 Case Permit XRef 59849 Well Narne County GARFIELD 010 Q40 SE 0160 NE 9 6 South Rng 92 West Pm Sixth 1900 feet from North Section line 1400 feet from East Section line Subdivision Parcel Size PIN 0.00 Filing Block Lot Uses IRRIGATION Pump Rate Ann Amt Depth Proposed 0.00 0.00 0 Actual 0.00 0.00 0 Irrigated Area 4.00 ACRES Elevation 0 Perf Casing Top 0 Perf Casing Bottom 0 Water Level 0 Aquiferl A q u ifer2 Driller Pump Installer ALL UNNAMED AQUIFERS LIC Statute Meter Log Qual AbReq 1372 No No No No Comment Main Activity 04-23-1979 interim Status 12-12-2002 Last Action 12-12-2002 Permit Issued 09-13-1979 Permit Expires 09-13-1980 Expire Notice Sent 09-27-2002 Well Const Report Well Const Complete Well Report (Non-trib) Pump Install Report Pump Install Complete 1st Beneficial Use Statement Benef. Use 10-15-2002 of Use (Non-trib) ,idonment Report Vvell Plugged Well permit issued. Statement of Beneficial Use returned for corrections. Statement of Beneficial Use returned for corrections. '23 27 • 26 .5:9 � 34 e E f • 1" 25 • 19 30- wt's .- � I • t5' 6.0.-k) 4 1.i-,I`}aty 3 ,6 C , °� . 1 o 1. \ t:\ I � \ `� @. Gi,- 0., s rid LI '17-- • „} - �z ..t Ciro — 46' 15 -49:2W V • • 22 I h ! -32 ., Attachment 3 • ri v. ,ter • 2i3 7--1" • 32 ;33 14' 22 27. • 23- 26 • 3'5 A •.- 18'' 1: S.• ��` 1 I I • -.24 25 36 30 ::.•I7 - 20-- 29 EXHIBIT "A" LOT 3 OF THE SEIVERS AMENDED EXEMPTION PLAT: Attachment 4 A PARCEL OF LAND SITUATED IN SECTION 9, TOWNSHIP 6 SOUTH RANGE 92 WEST, OF THE 6TH P.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF INTERSTATE HIGHWAY NO. 70, WHENCE THE NORTH h,AST CORNER OF SAID SECTION 9 BEARS THENCE N 18° 38'26" E 1214.13 FEET; THENCE S 1° 55'42" W 213.15 FEET; THENCE N 82° 53'59" E 66.01 FEET; THENCE S 3° 13'44" W 228.61 FEET; THENCE S 88° 26'02" E 359.58 FEET; THENCE S 0° 24'38" E 366.44 FEET; THENCE N 88° 26'02" W 506.17 FEET; THENCE 5 6° 27'30" W 412.00 TO TILE CENTER OF THE COLORADO RIVER; THENCE ALONG SAD CENTERLINE 88° 26'02" W 147.89 FEET; N 11° 43' 30" W 480.75 FEET; THENCE N 83° 00'45" W 613.74 FEET; THENCE N 88° 29'59" W 168.58 FEET; THENCE DEPARTING SAID CENTERLINE N 11° 43'30" W 480.75 FEET; THENCE N 32° 35'13" E 126.08 FEET; THENCE S 64° 45'00" E 212.38 FEET; THENCE N 0° 43'35" W 423.18 FEET TO A POINT ON SAID SOUTHERLY RIGHT-OF-WAY THENCE ALONG SAID RIGHT-OF-WAY 656.35 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 2714.79 FEET, A CENTRAL ANGLE OF 13° 51'08"; THE CHORD OF WI -ITCH BEARS N 78° 53'55" E 654.75 FEET; THENCE N 72° 20'33" E 284.30 FEET; TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAFNING 27.468 ACRES, MORE OR LESS; TOGETI-TFR WITH 2.8750 SHARES OF STOCK IN THE GRAND RIVER DITCH COMPANY. Table 1 11'1')on RV Part. Water Demand and Consumptive Use Summary Potable Water Demands No. of RI' Lots 111o. ofEQR's/lot Total Number of EQR's No. gallons /EQR /dap Percent Consumed 56.0 EQ/ s 0.50 rp ; EOR's 28.0 350.0 slat 15% (1) (2) (3) (4) Attachment 5 (51 (6) (7) January February March April May June July August September October November December Diversion Requirements Domestic Contingency Total Pumping In -House 5% (ncfO kir -.10 (Dere feel) (gAm) Consumptive Use Domestic Contingency Total 1n -1 -louse 5% (ac -fl) (ac fi) (acre fee!) 0.93 0.047 0.98 7.1 0.14 0.007 0.15 0.84 0.042 0.88 7.1 0.13 0.006 0.13 0.93 0.047 0.98 7.1 0.14 0.007 0.15 0.90 0.045 0.95 7.3 0.14 0.007 0.14 0.93 0.047 0.98 7.1 0.€4 0.007 0.15 0.90 0.045 0.95 7.1 0.14 0.007 0.14 0.93 0.047 0.98 7.1 0.14 0.007 0.15 0.93 0.047 0.98 7.1 0.14 0.007 0.15 0.90 0.045 0.95 7.1 0.14 0.007 0.14 0.93 • 0.047 0.98 7.1 0.14 0.007 0.15 0.90 0.045 0.95 7.1 0.14 0.007 0.14 0.93 0.047 0.98 7.1 0.14 0.007 0.15 Total 10.98 0.549 11.53 1.65 0.082 1.73 (1) Equals No. of Residential EQR's times No, of Person / Residence lscc Table 1) limes No. l;allnns/Person/Day time Number of Days in Month. (2) Equals the sum of Columns (1) times presented percentage. (3) Equals the sum of Columns (1 thru 2 ). (4) Equals Column (3) times 325851 divided by No. of Minutes in Montt. (5) Equals Column (1) times Percent Consumed. Zancanella Associates T.1K, 3/11/2005 Z:+.99000'x',99605 Viking RV Park, Cory NiclsontcorrespondcncclWaterUsagc Contract #050519CN (a) Map # 522 a, b, c, Date Activated 5/19/05 WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT Name of Applicant: Cory Nielson Quantity of Water in Acre Feet: 1.73 Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado. organized pursuant to and existing by virtue of C.R.S. 1973. §37-45-101. et seri., (hereinafter referred to as the "District") for an allotment contract to beneficially and perpetually use water or water rights owned. leased, or hereafter acquired by the District. By execution of this Contract and the attached Application, Applicant hereby agrees to the following terms and conditions: 1. Water Riehts: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water, which will be supplemented and augmented by water- leased herein. If Applicant intends to divert through a well, it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources. 2. Quantity: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights. and when water is unavailable for diversion pursuant to administration by the Colorado State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant dp to said quantity in acre feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow, storage or otherwise, to the Applicant by the District will he limited by the priority of the District's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terns and conditions of this Contract. The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein provided. Applicant may so notify the District in writing, and the amount of water allotted under this Contract shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and location of Beneficial Use: Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses: industrial, municipal. domestic and related uses, or commercial (except for commercial use from Alsbury Reservoir and except to the extent that Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract No. 2-07-70-W0547 between the United States and she West Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's control. 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir, Green Mountain Reservoir, Alsbury Reservoir, or other works or facilities of the District, or front other sources available to the District, shall be 1 delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources. and release or delivery of water at such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir or Green Mountain Reservoir shall be subject to the District's lease contracts with the United States Bureau of .eclaniation. Releases from other facilities available to District shall be subject to the contracts, laws. rules. and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement. is not impaired by said action- Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (October 1), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. \Vater service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right. and neither the District, nor those entitled to utilize the District's decrees, may call 00 any greater amount at new or alternate points of diversion. The District shall request the Colorado Division of Water Resources to estimate any conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case. Water service provided by the District for properties located within the Bluestone and Silt Water Conservancy Districts is provided pursuant to Agreements with said Districts. The Intergovernmental Agreement between the District and the Silt Water Conservancy District, dated January 25, 200 I , is recorded as Reception No. 575691, Garfield County Clerk and Recorder's Office. The Intergovernmental Memorandum of Understanding between the District and the Bluestone Water Conservancy District, dated April 26. 2001, is recorded as Reception No. 584840, Garfield County Clerk and Recorder's Office. 5. Alternate Point of Diversion and Han of Augmentation: Decrees for alternate points of diversion of the District's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant, The District reserves the right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated herein, and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted under this Contract. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under Paragraph 19 below. In any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof. 2 6. Contract Payment: Non-refundable, one time administrative charge. in the amount determined by the Board of Directors of the District from time to time, shall be submitted with the application for consideration by the District. Annual payment for the water service described herein shall be determined by the Board of Directors of the District. The initial annual payment shall be made in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the initial payment shall apply and the price which is applicable to that year, Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. If an annual payment is not made by the due date a flat $50 late fee will be assessed. Final written notice prior to cancellation will be sent certified mail, return receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set forth in this Contract or Application. Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. if payment is not made within fifteen (15) days after the clate of said written notice. Applicant shall at District's sole option have no further richt, title or interest under this Contract without further notice. and delivery may be immediately curtailed. The allotment of water. as herein made. may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District. Upon cancellation of this water allotment Contract with the District, the District shall notify the Division of Water Resources offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of all water use. 7. Additional Fees and Costs: Applicant agrees to defray any expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. S. Assignment: This Contract shall not inure to the benefit of the heirs. successors or assigns of Applicant, without the prior written consent of the District's Board of Directors. Any assignment of Applicant's rights under this Contract shall be subject to, and must comply with, such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment Contracts. No assignment shall be recognized by the District except upon completion and filing of proper forms for assignment and change of ownership. In the event the water allotted pursuant to this Contract is to be used for the benefit of ]and which is now or will subsequently be subdivided or held in separate ownership, the Applicant may only assign the Applicant's rights hereunder to: I) No more than three separate owners all of whom shall be party to a well sharing agreement satisfactory to the District; or 2) A homeowners association, water district, water and sanitation district or other special district properly organized and existing under the laws of the State of Colorado, and then, only if such parties, association or special district establishes to the satisfaction of the District that it has the ability and authority to perform the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less than all. of the 3 Applicant's property to be served under this Contract have any rights hereunder. except as such rights may exist pursuant to a well sharing agreement or Lhrouth a homeowners association or special district as provided above, Upon the sale of the real property to which this Contract pertains. Applicant shall make buyer aware of this Contract and proper forms for assignment and change of ownership must be completed. 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules and regulations of the Board of Directors of the District: and all amendments thereof and supplements thereto and by all other applicable law. 10. Operation and Maintenance Agreement. Applicant shall enter into an "Operation and Maintenance Agreement" with the District tinder terns and conditions determined by the board of Directors of the District, if and when, the Board of said District determines in its sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for additional annual monetary consideration for extension of District delivery services and for additional administration, operation, and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant. 1 ] . Change of Use: The District reserves the exclusive right to review. reapprove or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 12. Use and Place of Use: Applicant agrees to use the water in the mariner and on the property described in the documents submitted to the District at the time this Contract is executed. or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in )aragraph 8 above, shall be deemed to be a material breach of this agreement. 13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal fee title interest in or to any water or water rights referred to herein. 14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict actual diversions to not exceed the contract amount, which provides water (on the formula of one acre foot per dwelling) for ordinary household purposes inside one single family dwelling, the watering of domestic livestock, fire protection, and the irrigation of lawn and garden as specified in the Application. Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. 4 Watering of livestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestock watering, provided that in no event shall actual diversions exceed the amount of water provided by this Contract. Violation of this paragraph 15 shall be deemed to be a materia] breach of this Contract. 16. Wel] Permit: If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well permit before District is obligated to deliver any water hereunder. 17. Measuring Device or Meter. Applicant agrees to provide, at its own expense, a measuring device deemed acceptable by the District's Engineer after consultation. or a totalizing flow meter with remote readout to continuously and accurately measure at all times all water diverted pursuant to the terms of Applicant's water right and the tents of this Contract. Applicant agrees to provide accurate readings from such device or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result in legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. By signing this Contract, Applicant hereby specifically allows District. through its authorized agent, to enter upon Applicant's property during ordinary business hours for the purposes of determining Applicant's actual use of water. 18. Representations: By executing this Contract. Applicant agrees that it is not relying on any legal or engineering advice that Applicant may believe has been received from the District. Applicant further acknowledges that it has obtained all necessary legal and engineering advice from Applicant's own sources other than the District. Applicant further acknowledges that the District makes no guarantees, warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this Contract. Should the District be unable to provide the water contracted for herein. no damages may be assessed against the District, nor may Applicant obtain a refund from the District. 19. Costs of Water Court Filing and Augmentation Plan: Should the District, in its own discretion, choose to include Applicant's Contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceedings. Applicant shall be assessed a pro -rata share of the total cost incurred by the District in preparing, filing and pursuing to decree the water court case. The pro -rata share shall be calculated by dividing such total cost by the number of contractees included in the filing. To the extent that the District is caused additional costs because of objection filed specifically due to the inclusion of Applicant's Contract in the filing, such additional costs may be charged specifically to Applicant and not shared on a pro -rata basis by all contractees. 20. Binding Agreement: This agreement shall not be complete nor binding upon the District unless attached hereto is the font entitled "Application to Lease Water From West Divide Water Conservancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. All correspondence from the District to Applicant refen.ing to or relating to this agreement is by this reference incorporated into this agreement as further terms and conditions of this agreement. 5 21. Warnine: ITIS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS. FILING WELL COMPLETION REPORTS. FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. 22. AREA B. CONTRACTS: IF APPLICANT'S WELL OR OTHER WATER RIGHT THAT IS THE SUBJECT OF THIS CONTRACT IS LOCATED OUTSIDE "AREA A" AS DESIGNATED BY THE DISTRICT, THEN THIS PARAGRAPH APPLIES: THE AUGMENTATION WATER PROVIDED BY THE DISTRICT UNDER THIS CONTRACT MAY ONLY PROTECT APPLICANT"S WATER RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER SENIOR RIGHT. NO REPRESENTATION OTHERWISE IS MADE BY THE DISTRICT. IF THIS IS A CONCERN TO APPLICANT, THIS CONTRACT MAY BE RESCINDED UPON WRITTEN NOTICE DELIVERED TO THE DISTRICT BY THE APPLICANT WITHIN THE NEXT 30 DAYS FOLLOWING THE AFFIXING OF SIGNATURES ON THIS CONTRACT IN WHICH EVENT,P.L,L SUMS PAID BY .f\PPLICANT FOR THIS CONTRACT SHALL BE IMMEDIATELY REFUNDED TO APPLICANT. Christina R. Sloan, A� ttorney for Applicant n s R N ONS �j �� ►('—"� ?. C STATE OF COLORADO ) ss. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me on this day of April, 2005, by Christina R. Sloan. Witness my hand and official seal. My commission expires: g-UI1� 1, 20(Y.`, J 1‘.1 C. D Cassie Cerise, Notary Public 6 ORDER After a hearing by the Board of Directors of the West Divide Water Conservancy District on the Application. it is hereby ORDERED that said Application be granted and this Contract shall he and is accepted by the District. WEST DIVIDE WATER CONSERVANCY DISTRICT By President Dade Idris Contract includes and is subject to the terms and conditions of the following documents which must accompany this Contract: 1, Map showing location of point of diversion (use neap provided) 2. Application and Data Form fully completed and signed 7 WATER QUALITY AND CONSUMPTION 3V -Jell "'GVV ( U'5: UD RM Aspen valley iospitai V (U>41'1156:3 // Attachment 5 'fable 1 I•Inn RV Part: Water Demand and Consumptive Use Summary Potable Water Demands. No. of I(N Lots No. of EORr.S /lot Total Number of EQRrs No. gallons / EQR / duy Percent Consurncrl 56.0 ZY)R's 0.50 rn,,'EORi 28.0 350.0 or 15% �t} (2) (3) (4) (51 (6) (7) Diversion Requirements Domestic Contingency Tutatl In -(-louse Sola (Qu I+) (ncll (ncrejner) Pumping ( m) _ Constnlptive Use DOrneslic Contingcne.y Total ln-ldouse 5% (rrr, I1 (ern/i)) ((e,t jeer) January 0.93 0.047 0.98 7.1 0.14 0.007 0.15 February 0.84 0.042 0.88 7.1 0.13 0.006 0,13 1vlarc1i (1.93 0.017 0.98 7.1 0.14 0.007 0.15 April 0.90 0.045 0.95 7.1 0.14 0,007 0.14 May 0.93 0.047 0.98 7.1 0.14 0,007 0.15 June 0.90 0.045 0.95 7,1 0.14 0.007 0.14 Italy 0.93 0.047 0.98 7.1 0.14 0.007 0.15 August 0.93 0.047 0.98 7,1 0.14 0.007 0.15 Scptetrther 0.90 0.045 0.95 7.1 0.14 0.007 0.14 October 0.93 0.047 0.98 7.1 0.14 0.007 0.15 Nouembcr 0.90 0.045 0.95 7,1 0.14 0.007 0.34 December 0.93 0.047 0.98 7.1 0,14 0.007 0.15 Total 10.98 0.549 11.53 1.65 0.082 1,73 (1) Equals No. of Residential 0QR's In nes No. of Per>oti /Residence (sea Tai,le 1) limn N. tlollnnslPersonrpay times Numbe•.r of 133ys in Month. (2) luluals the sum of Columns (1) limas yresented poruvotagc. (3) l iolp. the sum of CP1u nns (1 thnr (4) Cryuols CaSunm (3) times 325.051 divided by Nn. of Mimnu$ in Month. (5) Egvak Column (1) tunas Ptrcont Con>umed. ianeareylra AR:oderes I'1K, 3/11/2005 Z:19900(419'0435 Viking RV Pork, L ory Niolsonleorreapvrrdeucc,Water Usage 2/b JV-JUA-GVV / V7: VJ An Aspen valley Hospital '/U�4141563 Laboratory Services Division 8100 Lowry Boulevard, Denver CO 80230-6928 US Mail: PO Box 17123, Denver CO 80217 cdorado w>tuc (303) 692-3090 fax (303) 344-9989 of Eiablmlth andEnvirvr+mant Lab IU No. 6/6 o?O MSA -2005004389 S i IY E'SITE :AMPLE 1 R4 ' O RMAt1.( N COO -223810-000 Heron's Nest RV Park 32958 River Frontage Rd Park water well Collected Received Reported Collected By 1/5/2000 9:30:00AM 1/5/2006 8:00:23AM 1/6/2006 Matrix Drinking Water :CUSTOMER R Heron's Nest RN Park 32958 River Frontage Rd Silt, CO S.1652 Contact Name Contact Phone Purpose Routine Chlorine residual 0.20 Payment Type Billed Test Name Result Method Name Escherichia coli PA Total colilurms pA B. coli not detected Coliform absent or less than one (<1), indicates a microbioIogically safe sample SM 9223 LARS lnterent Address: http://www.cdphe.state.ca.us/lr/Irhorn.htm Modification Date:1/6/2006 #203 JV—JUl—r.,UV( Vy:va tin tispen vai, ley trospltai. yrua9�llab� Laboratory Services Division i._ 810n ,,,.,.,. Laboratory Services Division 8100 Lowry Boulevard, Denver CO 80230-6928 US Mail: PO Box 17123, Denver CO 80217 CcrfnraJ cp�rmptt (303) 692-3090 fax (303) 344-9989 of NtficH��lt and Environment a -C Lab ID No. MSA-2005UU6380 5/6 ``AVIV SIU" TORI COO -223810-009 aeron's Nest RV Park Men's Bathroom Collected 4/27/2006 9:45:00AI+ Received 4/27/2006 2:36:25PM Reported 4/28/2006 Collected By TA Collins Matrix Drinking Water GUSC1N1 R Heron's Nest RN Park 32958 River Frontage Rd Silt, CO 81652 Contact Naine Contact Phone Purpose Routine Chlurine residual Payment Type Billed Test Nance Result Method Name Escherichia coli PA Total coliforms PA F. coli not detected Coliform absent or less than one (<t), indicates a microbiologically safe sample SM 9223 LARS Iiiterent Address: http://www.cdphe.state.eo.us/lr/lrhom.htm JV--Ul—GUU Vy; V� ti P7 nspen valley riosplt;ai V(VZ'441b.3 'um& U itunsnt VINkkaWth aildEnvicenmcnt Laboratory Services Division 8100 Lowry Boulevard, Denver CO 80230-6928 US Mail: PO Box 17123, Denver CO 80217 (303) 692-3090 fax (303) 344-9969 36 c Jay- gx20 CP Lib ID No. MSA -2006000I62 4/6 SAMPLE SITE SAMVLE F O f iTION CO0-223810-000 Heron's Nest RV Park 32958 River Frontage Raod Collected 7/27/2006 11:15:00A1 Received 7/27/2006 1:53:04PM Reported 7/28/2006 Collected By T1IE Matrix Drinking Water CUSTQiYER Heron's Nest R/V Park 32958 River Frontage Rd Silt, CO 81652 Contact Name Contact Phone Purpose Routine Chlorine residual 0.20 Payment Type Billed Test Name Result Method Name Escherichia coli PA Total colitonns PA E. coli not detected Coliform absent or less than one (<1), indicates a microbiologically safe sample SM 9223 LARS Interent Address: http://www.cdphe.state.co.us/Ir/lrhorrr.hun Modification Date:7/28/2006 11203 �v-.ul-cvv� v7 :vim Ati Aspen volley Hospital '/U.4415b3 Laboratory Services Division 8100 Lowry Boulevard, Denver CO 80230-6928 US Mail: PO Box 17123, Denver CO 80217 oamd„v„ n, (303) 692-3090 fax (303) 344-9989 u. �� of�uhE!thc T `uwurxat� )Lab ID No. 91.the, aoc6 MSA -2006002015 3/6 sA IOT APPIC. CLQ T i`�:� .. ...._.»........i...,ti.:9:f:'n]:1i,.'v�,:u�[.Xr.'v.:.LbS�iiti�.L+:X?:.91b1Ck�Y3acS2�:�i�GIi�A.,..:uina++�ti:u::�..�ar��.+..w....... . CO0-223810-000 Collected 10/13/2006 1 I :00:001 Received 10/13/2006 2:32:00PM Reported 10/18/2006 Collected By Matrix Drinking Water s., F.�.,��s:.lsut•ii.ac .r.i,.li.u'tke't�r. et...a�maelY�vs»"" iif�a,eafeor.uwwuaa.�imL.�cyawss.ai Heron's Nest RN Park 32958 River Frontage Rd Silt, CO 81652 Contact Name Contact Phone Purpose Routine Chlorine residual Payment Type Billed Test Naine Result Method Name Escherichia coli PA Total coliforms PA E. coli not detected Coliform absent or less than one (<1), indicates a microbiologically safe sample SM 9223 Goias -a& ent of Public ealth and Environinent Laboratory Services Division 8100 Lowry Boulevard, Denver CO 80230-6928 US Mail: PO Box 17123, Denver CO 80217 (303) 692-3090 fax (303) 344-9989 Lab ID No. MSA -2007000517 S MI'LE SITE SAMPLE INFORMATION CO0-223810-000 17A Collected Received Reported Collected By 1/26/2007 10:00:00AI 1/26/2007 11:00:OOAM 1/29/2007 T A Cal Matrix Drinking Water USTOI '1 ER COMMENTS Heron's Nest R/V Park 32958 River Frontage Rd Silt, CO 81652 Contact Name Contact Phone Purpose Routine Chlorine residual 1.50 Payment Type Billed Test Name Result Method Name Escherichia coli PA Total coliforms PA E. coli not detected Coliform absent or less than one (<1), indicates a microbiologically safe sample SM 9223 .ARS Interent Address: http://www.cdphe.state.co.us/lr/lrhom.htm Modification Date:1/29/2007 1203 Coloradoent of Public eahh and Envtronment Laboratory Services Division 8100 Lowry Boulevard, Denver CO 80230-6928 US Mail: PO Box 17123, Denver CO 80217 (303) 692-3090 fax (303) 344-9989 Lab ID No. MSA -2007001876 S `IPLE SITE SAMPLE INFORMATION CO0-223810-000 32958 River Frontage Rd Collected Received Reported Collected By 4/4/2007 10:00:00AN 4/4/2007 11:31:00AM 4/5/2007 Matrix Drinking Water CUS'T'OMER COMMENTS Heron's Nest R/V Park 32958 River Frontage Rd Silt, CO 81652 Contact Name Contact Phone Purpose Routine Chlorine residual 1.20 Payment Type Billed Test Name Result Method Name 3scherichia coli PA Total coliforms PA E. coli not detected Coliform absent or less than one (<1), indicates a microbiologically safe sample SM 9223 2yJ JEN,- ?co c(ua LARS Interent Address: http://www.cdphe.state.co.us/lr/lrhom.htm Modification Date:4/5/2007 X203 STATE OF COLORADO Bill Ritter, Jr., Governor James 8, Martin, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Denver, Colorado 80246-1530 Phone (303) 692.2000 TDD Line (303) 691-7700 Located in Glendale, Colorado http://www.cdphe.state.co.us June 13, 2007 Laboratory Services Division 8100 Lowry Blvd. Denver, Colorado 80230-6928 (303) 692-3090 Mr. Tom Collins, Operator Heron's Nest RV Park 32958 River Frontage Road Silt, CO 81652 RE: Compliance Inspection of Water Treatment Facility PWSID No. CO0223810 Heron's Nest RV Park Garfield County Dear Mr. Collins: Colorado Department of Public Health and Environment The water treatment facility listed above was recently inspected by Danelle Morgan of the Colorado Department of Public Health and Environment, on behalf of this department's Technical Services Unit of the Water Quality Control Division (WQCD). Enclosed are your copies of the WQCD database report for the inspection performed on June 6, 2007. During the inspection, the following items were noted and need to be brought to your attention: A. Significant violations of the Colorado Primary Drinking Water Regulations (These items require a written response within 30 days of receipt of this letter, addressing your plans to bring the drinking water system into compliance, Failure to notify this office within 30 days may result in legal action.): NA B. Minor violations of the Colorado Primary Drinking Water Regulations: NA J:1NCGW1Gart-iield1FY071HeronsNestRVPark 060607 dm.doc C. Recommendations: RECORD KEEPING; The system lacks written records or log sheets to indicate that the operator in charge, or a delegated person, is making the appropriate adjustments to chemical feeding equipment to ensure its proper operation;R [M630] If you have any questions or need additional information, please call me at 303-692-3660. At this time I want to thank you for your time and cooperation during the inspection. Sincerely, M Danelle Morgan Environmental Protection Specialist Colorado Department of Public Health and Environment cc: Colorado Department of Public Health and Environment, WQCD w/o enclosures ec: Mark Kadnuck, District Engineer, WQCD 3:1NCGW\GarfieldWY071HeronsNestRVPark 060607 dm.doc Colorado Dapannow ofPublicIleaa andErreiroonlent Non -Community Ground Water Inspection Report — Part 11 MANAGERIAL CAPACITY — Complete only once for each PWS — Write N/A if Not Applicable System Name: kie.rb 4 k V Compliant ocur IL Noncompliant PWSID CODE Number: CpQz ! ELEMENT Date: (P Compliant /u, /@7 Noncompliant CODE ELEMENT M610 X -Connect Control Program x M820 Emergency Response Plan M620 Operation&Maintenance Plan R510 Monitoring Plan M621 Organizational Operating Plan Maps & Records (System Plan) R520 R540a'°.�PIan!Spec Monitoring Results Avail Approved ° -- %C M622 M810 Vulnerability Assessment A OPERATIONS - Write N/A if Not Applicable CODE ELEMENT Compliant Noncompliant CODE ELEMENT Compliant Noncompliant 07 z r r Bacteria Sam lin Plan R532 D2 , C!2 Validate ss}AJ r . a 5 R514 M630 Chemical Adjust. Log X i'.1�'' Dta p230 .& ti P, p f' Pa� fci5 1`s 3� � � k. paw ; , ; 4-gt - Z 1, k' a;r V. tij Itr tpo f 1s OS, X x\ X M997 Process Adjust. Log M998 O&M Log ^� ✓' R530 Cls Test Kit - S ���it#ec pip` t` FINANCIAL CAPACITY — Write NIA if Not Applicable CODE ELEMENT Compliant Noncompliant ____ M640 Financial Capacity )< CODE COMMENTS CPD form NCGWO1-1 revF 04/07 Significant violations -- Bold & Shaded / Minor Violations — bold / Recommendations - italicized Colorado Depariment of Public Halth and Environment Non -Community Ground Water Inspection Report — Part 1 System Name: ,..Ov.1/.s Ne....eci_ Rv p,,,WSID Number: c602.zzg 1 6 '--1-4 P - Separate Sheet for Each Well — Write N/A If Not Applicable Date: WELLS — Complete Source ID. ' Fr- Source Name: tA) el j CODE ELEMENT Compliant Noncompliant CODE ELEMENT Compliant Noncompliant 8033a Permit A 3040c Vent Screened X M660 Flow Meter )< S040d Vault Drain Daylight S997 Sample Tap A S040e 4' Square Pad S030 Flood Proof SO40f Drain Away A, *;.s,-,4,$A11,01p-, .41_-,911Rffootkeg X , -.: : ' tpai,,.cop*ti:Oni:,-_ff.;:j ,..„.. ' ,- . r' ';'• ;: - ,; '.;,- - , ,--„ : ' .1:' , _':' .t.,1': .6* soli ti. • Contamination Sources X F310 Storage Condition )(- S032 Wellhead Sealed .> F311 Storage Access 4 S040a Casing 12" Above Ground )‹ ' F321 ; ., -StotageToy et: .:'::'::-,:, k S040b Vent z 12" Above Ground X SPRINGS — Complete Separate Sheet for Each Spring — Write NIA if Not Applicable Source ID: Source Name: CODE ELEMENT Compliant Noncompliant CODE ELEMENT Compliant Noncompliant )S033b Permit S040j Box Flood Proof - -,,,T,:,t. pvA r':.'f'' S040k Box Secured S997 Sample Tap S0401 Spring Fenced .-.:,..,_ °1 If:tIaO -= V, ,- :y •a, 9!114 '490,V '' 0100;09!1#601.61*KO:k1 1 , . Op ,-,. # 40011:01,011, , ,•'!, F310 Storage Condition S0409 Box Cover F311 Storage Access S040h Box Drain f121:':191.9.!R901::i'F,.:27i4,,::-A; S040I Box Overflow -,. CODE COMMENTS 1 CPD form NCGW01-1 revF 04/07 Signtficant violations — Bold & Shaded / Minor Violations — bold / Recommendations -italicized Colorado Department of ?ilk Health andEnviroament Non -Community Ground Water Inspection Report - Part 1 'System Name: Atosirtyn,,s1 iQt..c..A._ ev iDndr.,L for Each Well — PWSID Number: (ilea'? 7-ditelia Write N/A if Not Applicable Date: / WELLS — Complete Separate Sheet Source ID: Iv n Source Name: We, A i 2, CODE ELEMENT Compliant Noncompliant CODE ELEMENT Compliant Noncompliant S033a Permit S0400 Vent Screened M660 Flow Meter S040d Vault Drain Daylight S997 Sample Tap S040e 4' Square Pad 8030 Flood Proof SO40f Drain Away . 91!. tillick#00140,1+:.= " 'N' ' k ,"? s901 • . GroisCblineg[oni'''';'• S031b Contamnation'eSourcess.! F310 Storage Condition S032 Wellhead Sealed F311 Storage Access S040a Casing 12" Above Ground'F321 Storage.'99V4t.' S040b Vent 2. 12" Above Ground SPRINGS — Complete Separate Sheet for Each Spring — Write N/A if Not Applicable Source ID: Source Name: CODE ELEMENT Compliant Noncompliant CODE ELEMENT Compliant Noncompliant S033b Permit S040j Box Flood Proof S040k Box Secured S997 Sample Tap S0401 Spring Fenced .,9,:•;.ACUP ,i..-1-5-•%! i ' APPARI ' k -,•;:f5.-', '. :5 torSVOOnnietiO ., . F310 Storage Condition S0409 Box Cover F311 Storage Access S040h Box Drain gt. - - - • 'wog° „c ciypr. - -A.i.r•-: ,,,,, .,,, e':..- •`:',5-f S0401 Box Overflow CODE COMMENTS CPD form NCGW01-1 revF 04/07 Significant violations — Bold & Shaded 1 Minor Violations — bold/ Recommendations - italicized Colorado orPu6GDepattm cHc 1 hcn[ and Environment MPLE SITE Laboratory Services Division 8100 Lowry Boulevard, Denver CO 80230-6928 tJS Mail: PO Box 17123, Denver CO 80217 (303) 692-3090 fax (303) 344-9989 COO -223810-000 Heron's Nest RV Park 32958 River Frontage Rd Lab ID No. SAMPLE INFORMATION Collected 8/2/2007 Received 8/2/2007 Reported 8/3/2007 Collected By 10:30:00AN 11:45:00AM MSA -2007004158 Matrix Drinking Water CUSTOMER COMMENTS Heron's Nest R/V Park 32958 River Frontage Rd Silt, CO 81652 Contact Name Contact Phone Purpose Routine Chlorine residual I.00 Payment Type Billed Test Name Result Method Name Escherichia coli PA Total coliforms PA E. coli not detected Coliform absent or less than one (<1), indicates a microbiologically safe sample SM 9223 LARS Interent Address: http://www.cdphe.state.co.us/Ir/lrhom.htm Modification Date:8/3/2007 11203 Colorado Department of Public Health and Environment AMPLE SITE CO0-223810-000 Site 18A Laboratory Services Division 8100 Lowry Boulevard, Denver CO 80230-6928 US Mail: PO Box 17123, Denver CO 80217 (303) 692-3090 fax (303) 344-9989 Lab ID No. MSA -2007005922 SAMPLE INFORMATION Collected 10/22/2007 10:15:00/ Received 10/22/2007 12:29:OOPM Reported 10/23/2007 Collected By TAC Matrix Drinking Water CUSTOMER COMMENTS Heron's Nest R/V Park 32958 River Frontage Rd Silt, CO 81652 Contact Name Contact Phone Purpose Routine Chlorine residual Payment Type Billed Test Name Result Method Name Escherichia coli PA Total coliforms PA E. coli not detected Coliform absent or less than one (<1), indicates a microbiologically safe sample SM 9223 LARS Interent Address: http://www.cdphe.state.co.us/lr/lrhom.htm Modification Date:10/2312007 #203 ColoradoL)epr�ent of Publt'c Fialtl� and Environment MPLE SITE CO0-223810-000 Laboratory Services Division 8100 Lowry Boulevard, Denver CO 80230-6928 US Mail: PO Box 17123, Denver CO 80217 (303) 692-3090 fax (303) 344-9989 Lab ID No. MSA -2007007354 SAMPLE INFORMATION Collected Received Reported Collected By 1/11/2008 12:0 LOON 1/11/2008 2:37:OOPM 1/14/2008 TC Matrix Drinking Water CUSTOMER COMMENTS Heron's Nest R/V Park 32958 River Frontage Rd Silt, CO 81652 Contact Name Contact Phone Purpose Routine Chlorine residual 1.20 Payment Type Billed -T Test Name Result Method Name Escherichia coli PA Total coliforms PA E. coli not detected Coliform absent or less than one (<1), indicates a microbiologically safe sample SM 9223 LARS Interent Address: http://www.cdphe.state.co.us/lr/lrhom.htm Modification Date:l/14/2008 #203 PARK RULES 1. Tenants will keep their space clean, no outside storage or external add-ons to trailers without prior consent of management. 2. Noise of any kind must be low enough that it will not disturb others. 3. Alcoholic beverages allowed in campsite only. 4. Guests not on sewer hook-ups are required by law to retain all wastewater in suitable containers. These containers are to be emptied only at a dump station. Dishes are not to be washed outside or in the restrooms. 5. 5 mile per hour speed limit MUST be observed. 6. No person for any reason shall enter the river. The river is deep, swift, and very dangerous, 7. Campfires are permitted in barbecue pits or fire pits by permission only. R. Parents must accompany children at all tithes. Parents shall he held solely Responsible for their children and held liable for any of their children's actions. 9. Washing of vehicles is NOT permitted. 10. No inoperative vehicles will he allowed in the park No working on vehicles without prior consent of Management. 11. Tenants and or guests cannot break any laws of the City of Silt, County of Garfield, state of Colorado, or the United States, and will comply with all police, fire, and sanitary regulations imposed by any municipality, state, and federal authority, and will not use the premises for any improper or questionable Purpose whatsoever. 12. The equipment, apparatus, and facilities furnished are solely for the Convenience of guests, and all persons using same do so at their own risk. Management will not be responsible for accidents injuries or loss of property due to fire, theft, flood, vandalism, or any act of God. 13. OUIET PETS, UNDER CONTROL AND ONA LEASH AT ALL TIMES WILL BE ALLOWED. ALL P ETS TO BE WALKED OUTSIDE THE PERIMETER OF THE PARK: NO PETS SHALL BE LEFT 0 UTSIDE UNATTENDED AT ANY TIME. st 14. All rent is due on the 1 day of the billing cycle; there will be a late charge of S15.00 per day for any day(s) thereafter, NO EXCEPTIONS. 15. There is a $25 charge for all returned checks, plus all applicable late fees. 16. Electricity charges will be added onto your monthly rent and will be based on usage_ 17. I agree, NON COMPLIANCE OF ANY RULE WILL BE CAUSE FOR IMMEDIATE EVICTION. NOTE: Rent will be subject to change with 30 days notice. I agree to the previous registration page and above park rules. Date Page 2 Name: Heron's Nest R. V. PARK, Space # 32958 River Frontage Rd. Silt, COLORADO 81652 Telephone 970-876-2443 R/V PARK GUEST REGISTRATION & PARK RULES Address:--- -_ _-----__._ ._____- .. ___--City: State:----------- - - - - -Zip: Phone: (Home) ( ) -------_-_ ---- Work: ( ) - Previous Address: City: State Zip: Drivers License #:--------- State: Date of Birth:--------___-------------------_____---------SSN#-_ _------ Auto License #-----------_—._--_-__--_ ------ ------- License #- Contact in case of emergency:------------ ----------#---------- Number in Party----------------__—______ ------ ._----- _---_—_---Guests:------- Monthly rent: $ _Deposit: 5------ ** The monthly rate applies ONLY to full months. Any and all -partial months, i.e.; days or weeks, will be charged at the DAILY rate. This is important in planning when you move out!! Residents will be charged for their own electrical usage and it will be added onto their charges.** Deposits will be refunded within 30 days of your vacating the park, it is important that we have a correct forwarding address so that it can be mailed to you. PROPANE:—.125 gallon tanks, hoses, and regulators, are leased by the park and can be hooked up to your R/V by Amerigas/park personnel. The charge for hookup is currently $50 + the charge for 100 gallons of propane. The hookup fee is a ONE time charge. It is up to YOU to keep track of how much gas you have and when you need to fill the tank, we strongly suggest you refill when your tank gets to 30%. 125 gallon tanks are filled on FRIDAYS ONLY. Keep track of your propane as we DO NOT buy back propane when you leave. TURN OVER FOR PARK RULES AND SIGNATURE INITIAL: Page 1 Assessor's Map • 4' TA RA Adjoining 2179-044 i 2179-044- 04-017 h {03 Amended Fa.zi-Julius Exemption LOT A ITS. 6 AND 24 '7 _4 A (0 39) LOT H q1 Tax Exempt Siete of Colorado 0 0 LOT A 3.226 Ac. 2-HC(S- F SC> 110 I.OT C 3,227 Ac, ti 37 0-13j 0 LOT B 3.997 Ac. Tax Exempt Town of SIIt 77 PARK AREA 1.35 Ac, bf SUB. DIV T- 1), T, U]I 1 N (0 l'-4:0-11-9 _% A `O ` b 05' s 105' ((;3 48 59' 111 W ' J6 4: 28 (x r 121 JI M 0311) 7A,'''--_127 O f 1.,..____-- ,,_._. 026 iC2:::)15112-0.(-° 32 'rte � -- -57.11,117-:.'_271_2; 6L �'t/100 100 p 01 � � � �rir 121 2179--044-05-017 1 12 A 60' 105' of [ se 00 -_25-4(S F') T DENVER A ND R I 0 WASTE W$TER TEEATMENT (0 2 7� FAC[ (,ITY 2S 4 (S F) `` 2S -4(S -F') 4 2H3- S13F A 1) O c 0 t--_, 0 R 2179-093-00-327 - --\ 2S--4(S-F) 2-II3(S-F) COTTONWOOD A T - h 1?Cal 9 10 x 0 M 2 T : 010) 60' +cl 100' 10' 2-HC(S-0 23. -4(S -F) X0 ) G R A N I) F' lY F S T r"; R 1'vr 6i zs-nlG -F) RIG G Ii T 010 W .1 Y U.S. 2179--044-00--006 T -T 4E7 3 T-_ WEST `n �07 U 10 E-' T iw W SILT CO2 ip4) 2-HC(S-P) 6 AND 24 /S'als_Fl v1 0 I CS -6--2) �O Lot l.ol. 3, Sievers Amended Exemption R I 1' ----------T----_______ 2S -4(S -.17) k 2TIC-SHF 2179--114- 00 -1 1 1 7- 5 - Adjoining 2179 IF - AI]DIT1 7 ON �01) T 1 T- 2-11C(S-F) 25 -4(S -F) 'j'� ( 0;/) River frontage Road Lot 3 T 2S - .1(S-17) 221C -SBf 1I/ ortYl Meander Lind APP1 OVER COMITY ASSESSOR 7) r 7 n f I .1 - T.6S. --R.92 V- SEC. 9 N.E .1;, [0 1.6 • (s_.1,) 2-}IC(S--F) 9 2179-102 Siever' Camp Park Approved 1978 NO. 147 SPECIAL USE PERMIT Garfield County, Colo. Applicant: Clyde and 1 lacy Sievers Address of Applicant: Special Use: 32956 Hwy. 6 and 24 May 25 , 19 78. To construct a camper park This Special Use Permit is in compliance with Sections 4.03 and 7.03 of the Garfield County Zoning Resolution and as per application. Building Permit No. (if applicable): N/A This Special Use Permit is hereby granted , (state whether granted or denied) subject to compliance by applicant with all statements, representa- tions, provisions and conditions set forth in the application and also subject to the following conditions: That applicant conforms to the conditions set forth in Certification of Planning Commission action taken on May 8, 1978. STATE REASON OR REASONS FOR DENTAL BELOW: The concurring is a vote of the majority of the Board of County Commissioners. Dated this 30 day of , A. D. 19 nai .:^rt�.rers Garfield County, Co oraoo CERTIFICATION OF PLANNING COMMISSION ACTION ON THE SIEVERS' CAMPER PARK APPLICATION The Planning Commission of Garfield County, Colorado certifies to the Board of County Commissioners of Garfield County, that on Monday, May 8, 1978, at the regular monthly meeting of the Planning Commission the following action took place regarding the Sievers' Camper Park site plan application. Mr. Kelley Meyer moved that the Planning Commission approve the site plan of the Sievers' Camper Park subject to the following conditions: (1) All permanent buildings on the site either have their first floor elevated one (1) foot above the base elevation of the 100 Year Flood or flood proofed to an elevation equal to one (1) foot above the base elevation of the 100 Year Flood, and further, that all utility systems in the park be constructed in a manner that enables them to withstand damage and prevent possible contamination as a result of a 100 Year Flood; (2) No parking be allowed along the roads in the camper park; (3) Plans for the electrical distribution system for the park be submitted and approved by the County and responsible utility company; (4) Specific construction plans for the service building water and sewer systems, and the fire protection apparatus conform to the standards set forth in Section 4.02 of the Garfield County Zoning Resolution; and, (5) The necessary changes in use be granted for the water supply by the appropriate water court. Mr. John Tripp seconded the motion. The motion carried unanimously. THE GARFIELD COUNTY PLANNING COMMISSION OF GARFIELD COUNTY, COLORADO By: . • ' \l L Carter T. Jackso, Chairman AY Dotti Pretti, Secretary DFTA/L '5 •. • .9ERM r",0;;' C FLOCU P�oTEc; T/JN L (r YP• LATE�hr 1 VEN?� ( Y-k4 PROVIDE 4" CROWN W/ SANDY • TOP SOIL (AT CENTER FOR SURFACE DRAIN. a SED ' OF 43E0 2 "MA N/F7 L D N 5' 1,5'1, 5' i1. .. .. n .1. •. r .n • -W.. • ••• • • ....• A/l, VN TS - 4 "(4 SOLID WALL 'VC. RISER PIP63' 11'0 . P.V.C. DISTRIBUTION PIPING Mt/RAI/HOODS (TYP) W/ I4" HOLES DRILLED AT 30 "CENTERS /O' /0' TYPICAL SPACING: I" PERF. P V C 0/STR/BUTION PIPING (TYR) I-1;;I_E)' O,-,ILLEl.' AT CENTEh}' SECTION A-4 FEEDER 4" PERF. PVC A/R PIPE (TYR) SCALE / "- 20' NO'F 4" VENTS WILL BE SET UAOF/;" THE 2" / MAN/FOLD i A A/R VENT 4"0 SOUJ WALL PVC RISER PIPES W/ RAIN HOODS (TYI') " PERF PVC. AIR PIPE SANDY ropsok VARIES FROM 0" AT EDGE TO 4"AT CENTER OrP .WASTE S7AT1ON TENT SITES GRAVEL STRATA -7--- DETAlL SCALE I0' I500 GAL. p DOSING TANK TA NK 5400.19 N. TENT SITES „0 90 SED INV :540073 ruRE • • INV.= 5401.62 a. si REC. VEHICLE SITES • 34 30 PL N VIEW • • .771. it. '7177.7' I-1 if ELF:VI-MD AI 50' /35 FUrURE BED PHASE 11- I Piping same C. 12 • 10' PLAYGROUND a P.ICIVIC AREA 5402.24 so IV. 0)1 4 7 14) PATH SERVICE 4 PATH REC. VEHICL SITES (TYIV • as above 9 15 • • 407:5 ixilf4e-- /7 4" SAN SEWER d. 5402.46 17 z 10 CLEANOUT (TYR) 6-010to 0,63% INV.F 5403.5 • 5403.5 /4 15 BURY WITH 5' MIN. COVER, PlAseifrV EXISTING WELL NO, 2 1 NOTES: 250' 21' WATER WATER R PHASE 330' ST - 1. Gravel shall be LI to lti" washed. 3. Recommended Seeding: Blue Grass at 4.6d/100 s.f. Russian Olive at 6'-0" 0.C. 4. Septic tank to be operated by controls wired remote to house per 1978 National Electric Code Standards. 5. Aerated sewage treatment.Plant shall conform to N.S.F. Standard No. 40 as approved by the Colorado Department of Health. 6. Minimum horizontal distance between aeration plant or E -T bed and any domestic woll shall be 50 feet. 7. Dosing pump !,hall be a hydrumatic submersible (SP -50 AB) with automatic control, with a pumping rate of 30 gpm against a head of 25 feet. Motor shall be 11 hp., single phase, 115 volts. Discharge flange to be 2". A high water alarm shall be provided with a warning light, automatic reset sWitch and mercurY switch level control. 8. Sephc tank with 2 compnrtments separated'by a concrete baffle and port shall be provided. The first and second compartments shall have a net capacity of 4000 gallons and 200Q gallons respectively. Manholes shall be provided to each compartment. 9. Any sewer line passing over or les than 18" under the watermain shall be constructed with a 6" concrete encasement extending 10 feet on each side of the main. -PHASE I. 3001 COLOR ADO RIVER )/.776.-4./....7.- -",e7000 CAL.CLEARWELL CONCRE r4-) PUMPS, PRE5SUPE TANK 8 Ail&- / \ 9 Alf_E- A./__5-77-- , RV Pig -4N SIEVER S CAMPER PARK WATER AND SEWER SYSTEM SILT , COLORADO PI* ell ST , :P.'It!i'fre"SYr 111:,1.17 " :01 • cf ti 4150 2 or 8-24-78. • Topographical Map E 1,389 862 !: 1 • ) • 111�I� ''lllllllllll�lllllll IlIIIIIIIIIHIIII IIIIIII111IIIIlI —5445.5 STAN CLAUSON ASSOCIATES, LLC 200 East Main Street Aspen CO. 81611 Telephone: (970) 925-2323 Fax: (970) 920-1628 Web: www.scaplanning.com X5415.2 EMENT 50. --v;•••••1' 5413.3x COTT TOWN OF SILT X 5403.8 WL. X 5413.4 5420.5 X 5404,5 5413.7 • X5411.6 5419.4 d Con 540 3.9 `� X 97� i TO'R'N OF SILT 5403. X r T' i f \27. 3 27.468 ACRES O / i -•._Q o o �° i o X \� 0 5405.3-) 0: 4106 N 88'79'59" w �nw11.Rf.llrgrrttwll.l7.Il.lir,trll.rrril4p4nr~frrrr.rr. 0o' 68.58' M 83� 45" 51'3,74' lr+tlriralt.flrr��,7YrilrflrnR�4w11.1[471�rtr�rt.rrfaip�Ir4 486 N 629'508 2 5 �./ �r+an.i��tr3xr t 1, 388,765 DONALD .1. HANGS COLORADO RIVER liRRIEL, MAS & SUE ANN SCOTT 408.4 Q X� I Do E 0-- , • • 0 5410 DAZE: JAN 12, 2001 REVI ""'"'"ankinorraffigailluIneturnmirmirm VALLEY FARMS, INC. 88'25'02" w rr.ra. p., i. n. n.rr.ir. n. rr-n i 147,89' W. L. 5 39 8.6 • • • •�1 x WATER Elev. 5407 w f X`'._.. 5408, 2 \5408.8 W. L. 5402,5 X ♦` ~fes~_ 1/ 5 40-4.9 X • X 5408.5 JOHN' 1 C. LAATSCH & ASSQCIATES, INC. 5 4 0 8.9 --` IANDSC E ARCIIITECIVID3 PLANNING URBAN DESIGN Plaza 11` Suite306 AABC Aspen CO. 81611 Telephone: (970) 920-7622 Fax: (970) 920-7629 E Mail: jlaatschf►sopric.net 1 • • r--� X 5405,7 •• 540.8 su X SOLAR ER SHEET: AGRAM x -5403.7 54085 x 1488 541 • Improvement Survey VICINITY MAP SCALE P=2000' NOTES 1. Basis of Bearing is based on the bearing of N 89°46'40" E as measured between the Northeast Corner of Section 9, T6S, R92W of the 6th P.M. and the North Corner of Section 10, T6S, R92W of the 6th P.M. 2. Survey is not based upon o Title Commitment. 3. This plat is subject to all easements, agreements, and rights of way on record as of the day of this plat. 4. This plat is based upon the Sievers Amended Exemption Plat recorded in Book 1006 at Page 467, Reception Number 503455 in the Clerk and Recorder's Office of Garfield County. 60' ACCESS EASEMENT NOTE: Access easement for the purpose of laying, constructing, operating, using, inspecting, maintaining, repairing, and replacing roadways, irrigation structures and utility lines, as well as all appurtenant parts thereof. SURVEYOR'S CERTIFICATE 1, Michael J. Gumbo, a Registered Professional Engineer and Land Surveyor in the State of Colorado, hereby certify that this plat is a true representation of an Improvement Survey conducted by me or under my direct supervision as established by Section 38-51-102(9) of the Colorado Revised Statues in Odober of 2006. Michael J. Gumbo, P.E. & P.L.S. 28036 NOTICE: According to Colorado law you MUST commence any legal action based upon any defect in this survey within three years after you first discovered such defect. In no event, may an action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. .:,ci - . ,-.ir. IMPROVEMENT SURVEY LOT 3, SIEVERS AMENDED EXEMPTION PLAT in Section 9, Township 6 South, Range 92 West, of the bth Principal Meridian, County of Garfield, State of Colorado Fnd Yellow Plastic Cap L.S.# 13501 60.00' Access Easement Roo27t4.79 x.656.35 3293B �» peltawil3'51 57813.55 mato65435 BARBED WIRE FENCE -� 12.66' Apparent Asphalt Parking Area Fnd Yellow Plastic Encroachment Cop L.S.# 13501 Outside of 60' Access Easement IRRIGATION EASEMENT BK 479 PG 707 5072-6 N BASIS OF BEARING N89'46'40"E NORTH QUARTER CORNER SECT. 10 BRASS CAP FOUND TOWN OF SILT SURVEY MONUMENT INTERSECTION 9TH ST. AND GRAND AVE. 2610.73' NE CORNER SECT. 9 BRASS CAP FOUND TOWN OF SILT SURVEY MONUMENT INTERSECTION 1ST. AND GRAND AVE. LOT1A SCOTT SUBDIVISION Alexandra & Anthony Jerkunica BK1702 PG395 LOT 1B SCOTT SUBDIVISION River Frontage Road, LLC 8K1715 PG250 Fnd Yellow Plastic Cap L.S.# 13501 -651,-.:1S-- _ L f�9J � ►C��Sti 57 C f- ��� to - a"-xn - -� 52. 2654. CHAIN LINK FENCE --� ta TOWN OF SILT BK1177 PG622 Fnd Yellow Plastic Cap L.S.# 13501 TOM OF SILT BK1177 PG622 Fnd Yellow Plastic Cap L.S.# 13501 Fnd Yellow Plastic Cap L:S.# 14111 sz WOOD FENCE rn a IV � 1 " mor ,� r�,i834�� asor d �' YI B=S76�26 57 ` ASPHALT PARKING < AREA 276 2eU 48 �� LOT 2 - SCOTT SUBDIVISION SCOTT, MURRILL THOMAS & SUE ANN BK1212 PG558 s - - -RIVER FRONTAGE ROAD (60' EASEMENT) so co 4 ACRE GAS - WELL EASEMENT (SEE LEGAL DESCRIPTION ON THIS PLAT) SEWER FORCEMAIN - FLOW UNE OF DITCH N89'16'11"E 215.24' \ Found #5 Rebar, Set 't�+ Aluminum Cap L.S. N - `\ et #28036 ----- :, Outdoor Grills z} 0 � eu 2 } 2 7 . CONCRETE - TANK`�"' mot ADVANTEX PODS VENT PIPES " SWITCH PANEL r N N8829'59"W 168.58' 0 UNDERGROUND INFILTRATOR BED SEWER FORCEMAIN LOT 3 area = 27.468 acres CORY 8. NIELSOfi £ JONO OK. wELSON 3843 COUM1Y ROAD 241 NEW CA511.1. CO 81847 Fy Fy � ry SEWER FORCEMAIN 12" CORRUGATED METAL PIPE /0 a O a 0 CONCRETE ! } RV SLAB p (! TMP'•) t� i ° LIGHT POLE j ! AND BREAKER '"`-E * i%E., ! o o W E 8 / tl 0 0 \ 0 ▪ \ OFFICE -" BUILDING c 04 RIVER BANK AND APPARENT HIGHWATER UNE AS DEPICTED ON THE SIEVERS AMENDED EXEMPTION PLAT 1483130'4304, 613.74' COLORADO RIVER VALLEY FARMS, INC. BK801 P0838 rxl 12" ADS CULVERT Set Aluminum Cap On #5 Rebar L.S.# 28036 Fnd Yellow Plastic Cop L.S.# 13501 UNDERGROUND INFILTRATOR BED ENTRANCE SIGN CONCRETE SLAB Fnd Yellow Plastic Cap L.S.# 13501 12' CORRUGATED / / / / / / / 1 / 1 / 1 1 Fnd Yellow Plastic Cap L.S.# 13501 LOT 3 SCOTT SUBDIVISION Gregorio & Sylvia Delgado BK1589 PG852 S88'26'02"E I METAL PIPE CONCRETE SLAB 0 0 • a, atacrcL4HE OVE▪ RHEAD UTILITY LINES 0:1.) N8826'02"W 147.89' N 123.32' 144 N88'26'02"W 359.58' End Yellow Plastic Cap L.S.# 13501 BARBED WIRE FENCE -.. E WOOD FENCE 506.17' LOT 2 SIEVERS AMENDED EXEMPTION Gregorio & Sylvia Delgada BK1801 P0534 Fnd #5 Rebar, Set Aluminum Cap L.S.# 28036 Stamped "W.C. 127.36- Fnd Yellow Plastic Cap L.S.# 13501 100 0 100 200 300 7.1.1144 GRAPHIC SCALE IN FEET i INCH= 100 FEET PARCEL B AMENDED KEITHLEY EXEMPTION C R COMMERCIAL PROPERTIES, INC 8K1553 PG697 LEGAL DESCRIPTION A Parcel of land being Lot 3 as described on the Sievers Amended Exemption Plat recorded in Book 1006 at Page 467, Reception Number 503455 in the Clerk and Recorder's Office of Garfield County, situated in Section 9, Township 6 South, Range 92 West of the 6th P.M. being more particularly described as follows: Beginning at a point on thesoutherly right-of-way of Interstate Highway Number 70 whence the northeast corner of said Section 9 bears N 18 °3816'E a distance of 1214.13 feet, thence S 01°5540" W a distance of 213.15 feet; thence N 82°53'59" E a distance of 66.01 feet; thence S 03°13'44" W a distance of 228.61 feet; thence S 88°26'02" E a distance of 359.58 feet; thence 5 00°24'38" E a distance of 366.44 feet; thence N 88° 26102'W a distance of 506.17 feet; thence $ 06°2730" W a distance of 412.00 feet; thence N 88°26'02' W a distance of 147.89 feet; thence N 83°00'45' W a distance of 613.74 feet; thence N 88°29'59" W a distance of 168.58 feet; thence N 11043'30" W a distance of 480.75 feet; thence N 32°35'13" E a distance of 126.08 feet; thence S 64° 45'00" E o distance of 212.38 feet; thence N 00°43'35' W a distance of 423.18 feet to a point on said southerly right-of-way; thence along said southerly right-of-way 656.35 feet along a curve to the right having a radius of 2714.79 feet, a central angle of 13 °51'08", and a chord which bears N 78°53'55" E a distance of 654.75 feet; thence along said southerly right-of-way N 72°2030" E a distance.of 284.30 feet to the point of beginning. Said Parcel of land contains 27.468 acres mare or less. GAS WELL EASEMENT LEGAL DESCRIPTION An easement for the purpose of gas well drilling and associated uses located in Section 9, Township 6 South, Range 92 West of the 6th Principal Meridian, also being a portion of Lot 3 of the Sievers Amended Exemption, being more particularly described as follows: Beginning at a point on the westerly boundary of said Lot 3, Sievers Amended Exemption whencethe northeast corner of said Section 9 bears N 35'58'09" E a distance of 2206.59 feet; thence N 89°16'11" E a distance of 215.24 feet; thence N 63°39'32" E a distance of 267.56feet; thence N 03°25'06' W a distance of 345.20 feet to a point on the southerly boundary of a 60 ft access easement; thence along said southerly access easement boundcry 452.11 feet along the arc of a non tangent curve to the left having a radius of 2654.7Q feet, a central angle of 09°45'27", and the chord bears S 76°26'57' W a distance of 451.57 feet, to a point on the westerly boundary of said Lot 3; thence along said westerly boundary 5 00°4335' E a distance of 360.27 feet to the point of beginning.; containing 4.00 acres more or less. 0 0 aO 0 ti �--t �0 V • U z>. u) WWLA 4 0 g j V cd o, NM �Z W dZ J Z03 '1O DRAWN BY: U e• a 6 co s 0 U w o - o_ a d 1- 1 V) LEGEND © SEWER MANHOLE POWER POLE a_0 m c"a WATER VALVE o TELEPHONE POU r UGHT POLE • STREET SIGN -0- o TELEPHONE PEDESTAL N RV WATER ACCESS 0 IN SEWER ACCESS o RV TELEPHONE ACCESS RV ELECTRIC ACCESS • POST ® YARD HYDRANT 4 GUYWIRE • ELECTRICAL BREAKER o PtOPERTYCORNER e SEWER INSPECTION POHtf Fnd Yellow Plastic Cap L.S.# 13501 60.00' Access Easement Roo27t4.79 x.656.35 3293B �» peltawil3'51 57813.55 mato65435 BARBED WIRE FENCE -� 12.66' Apparent Asphalt Parking Area Fnd Yellow Plastic Encroachment Cop L.S.# 13501 Outside of 60' Access Easement IRRIGATION EASEMENT BK 479 PG 707 5072-6 N BASIS OF BEARING N89'46'40"E NORTH QUARTER CORNER SECT. 10 BRASS CAP FOUND TOWN OF SILT SURVEY MONUMENT INTERSECTION 9TH ST. AND GRAND AVE. 2610.73' NE CORNER SECT. 9 BRASS CAP FOUND TOWN OF SILT SURVEY MONUMENT INTERSECTION 1ST. AND GRAND AVE. LOT1A SCOTT SUBDIVISION Alexandra & Anthony Jerkunica BK1702 PG395 LOT 1B SCOTT SUBDIVISION River Frontage Road, LLC 8K1715 PG250 Fnd Yellow Plastic Cap L.S.# 13501 -651,-.:1S-- _ L f�9J � ►C��Sti 57 C f- ��� to - a"-xn - -� 52. 2654. CHAIN LINK FENCE --� ta TOWN OF SILT BK1177 PG622 Fnd Yellow Plastic Cap L.S.# 13501 TOM OF SILT BK1177 PG622 Fnd Yellow Plastic Cap L.S.# 13501 Fnd Yellow Plastic Cap L:S.# 14111 sz WOOD FENCE rn a IV � 1 " mor ,� r�,i834�� asor d �' YI B=S76�26 57 ` ASPHALT PARKING < AREA 276 2eU 48 �� LOT 2 - SCOTT SUBDIVISION SCOTT, MURRILL THOMAS & SUE ANN BK1212 PG558 s - - -RIVER FRONTAGE ROAD (60' EASEMENT) so co 4 ACRE GAS - WELL EASEMENT (SEE LEGAL DESCRIPTION ON THIS PLAT) SEWER FORCEMAIN - FLOW UNE OF DITCH N89'16'11"E 215.24' \ Found #5 Rebar, Set 't�+ Aluminum Cap L.S. N - `\ et #28036 ----- :, Outdoor Grills z} 0 � eu 2 } 2 7 . CONCRETE - TANK`�"' mot ADVANTEX PODS VENT PIPES " SWITCH PANEL r N N8829'59"W 168.58' 0 UNDERGROUND INFILTRATOR BED SEWER FORCEMAIN LOT 3 area = 27.468 acres CORY 8. NIELSOfi £ JONO OK. wELSON 3843 COUM1Y ROAD 241 NEW CA511.1. CO 81847 Fy Fy � ry SEWER FORCEMAIN 12" CORRUGATED METAL PIPE /0 a O a 0 CONCRETE ! } RV SLAB p (! TMP'•) t� i ° LIGHT POLE j ! AND BREAKER '"`-E * i%E., ! o o W E 8 / tl 0 0 \ 0 ▪ \ OFFICE -" BUILDING c 04 RIVER BANK AND APPARENT HIGHWATER UNE AS DEPICTED ON THE SIEVERS AMENDED EXEMPTION PLAT 1483130'4304, 613.74' COLORADO RIVER VALLEY FARMS, INC. BK801 P0838 rxl 12" ADS CULVERT Set Aluminum Cap On #5 Rebar L.S.# 28036 Fnd Yellow Plastic Cop L.S.# 13501 UNDERGROUND INFILTRATOR BED ENTRANCE SIGN CONCRETE SLAB Fnd Yellow Plastic Cap L.S.# 13501 12' CORRUGATED / / / / / / / 1 / 1 / 1 1 Fnd Yellow Plastic Cap L.S.# 13501 LOT 3 SCOTT SUBDIVISION Gregorio & Sylvia Delgado BK1589 PG852 S88'26'02"E I METAL PIPE CONCRETE SLAB 0 0 • a, atacrcL4HE OVE▪ RHEAD UTILITY LINES 0:1.) N8826'02"W 147.89' N 123.32' 144 N88'26'02"W 359.58' End Yellow Plastic Cap L.S.# 13501 BARBED WIRE FENCE -.. E WOOD FENCE 506.17' LOT 2 SIEVERS AMENDED EXEMPTION Gregorio & Sylvia Delgada BK1801 P0534 Fnd #5 Rebar, Set Aluminum Cap L.S.# 28036 Stamped "W.C. 127.36- Fnd Yellow Plastic Cap L.S.# 13501 100 0 100 200 300 7.1.1144 GRAPHIC SCALE IN FEET i INCH= 100 FEET PARCEL B AMENDED KEITHLEY EXEMPTION C R COMMERCIAL PROPERTIES, INC 8K1553 PG697 LEGAL DESCRIPTION A Parcel of land being Lot 3 as described on the Sievers Amended Exemption Plat recorded in Book 1006 at Page 467, Reception Number 503455 in the Clerk and Recorder's Office of Garfield County, situated in Section 9, Township 6 South, Range 92 West of the 6th P.M. being more particularly described as follows: Beginning at a point on thesoutherly right-of-way of Interstate Highway Number 70 whence the northeast corner of said Section 9 bears N 18 °3816'E a distance of 1214.13 feet, thence S 01°5540" W a distance of 213.15 feet; thence N 82°53'59" E a distance of 66.01 feet; thence S 03°13'44" W a distance of 228.61 feet; thence S 88°26'02" E a distance of 359.58 feet; thence 5 00°24'38" E a distance of 366.44 feet; thence N 88° 26102'W a distance of 506.17 feet; thence $ 06°2730" W a distance of 412.00 feet; thence N 88°26'02' W a distance of 147.89 feet; thence N 83°00'45' W a distance of 613.74 feet; thence N 88°29'59" W a distance of 168.58 feet; thence N 11043'30" W a distance of 480.75 feet; thence N 32°35'13" E a distance of 126.08 feet; thence S 64° 45'00" E o distance of 212.38 feet; thence N 00°43'35' W a distance of 423.18 feet to a point on said southerly right-of-way; thence along said southerly right-of-way 656.35 feet along a curve to the right having a radius of 2714.79 feet, a central angle of 13 °51'08", and a chord which bears N 78°53'55" E a distance of 654.75 feet; thence along said southerly right-of-way N 72°2030" E a distance.of 284.30 feet to the point of beginning. Said Parcel of land contains 27.468 acres mare or less. GAS WELL EASEMENT LEGAL DESCRIPTION An easement for the purpose of gas well drilling and associated uses located in Section 9, Township 6 South, Range 92 West of the 6th Principal Meridian, also being a portion of Lot 3 of the Sievers Amended Exemption, being more particularly described as follows: Beginning at a point on the westerly boundary of said Lot 3, Sievers Amended Exemption whencethe northeast corner of said Section 9 bears N 35'58'09" E a distance of 2206.59 feet; thence N 89°16'11" E a distance of 215.24 feet; thence N 63°39'32" E a distance of 267.56feet; thence N 03°25'06' W a distance of 345.20 feet to a point on the southerly boundary of a 60 ft access easement; thence along said southerly access easement boundcry 452.11 feet along the arc of a non tangent curve to the left having a radius of 2654.7Q feet, a central angle of 09°45'27", and the chord bears S 76°26'57' W a distance of 451.57 feet, to a point on the westerly boundary of said Lot 3; thence along said westerly boundary 5 00°4335' E a distance of 360.27 feet to the point of beginning.; containing 4.00 acres more or less. 0 0 aO 0 ti �--t �0 V • U z>. u) WWLA 4 0 g j V cd o, NM �Z W dZ J Z03 '1O DRAWN BY: U e• a 6 co s 0 U w o - o_ a d 1- 1 V) r a_0 m a se m co U Lu a}. rn REVISION Lu 1- 0 >O Sheet 1 Utility Map VICIMAP NOE-1- II' - 1 MIEE VICINITY MAP SUM 1' =20W v D,TCd VE ' U5G5 MAP 1, 24,000 End Yellow Plostic Cop L.S.# 1350 CHAIN LINK FENCE TOWN OF SILT BK1177 PG622 End Yellow Plastic Cop L -S.$ 13501 R=2 L_s5 Ton-- Delta on=Delta 4.79 35 9.78 13'51'08 ChD= 78'53 55 `N BARBED WIRE FENCE\ChOis 2=65475 PCGE55 EPSEM® Z. NOVTN I \ INTER STATE 7O End Yellow Plastic – Cap L.S.# 13501 j IRRIGA TI B N EASEMENT 479 PC 707 End Yellow Plastic Cap L.S.#/ 13501 57220 3v 264 30_ ASPHALT PARKING ��AREA --amu.••. _-y�._ J 623- a 59'/.re –17•� — S>3.59'pS. 4 0 7v.se ZBD 8.1±n M Z 0 0 A 0' N 4 ACRE GAS WELL EASEMENT (SEE LEGAL DESCRIPTION ON THIS PLAT) SEWER FORCEMAIN N89'16'11"E 215.24' \Found #5 Rebor, Set R Aluminum Cop L.S. MPS R #280360 STORAGE ARTA/M� I - ] 0.Es .-- 0/ may_ nt UNDERGROUND INFILTRATOR BED SEWER FORCEMAIN LOT 3 area = 27.468 acres SIMON CASAS & GENOBEVA LOPEZ 118 EUCLID AVE CARBONDALE. CO 81623 /..-- 0 •/ ® 00 K <0- BASIS OF BEARING N89'46'40"E 2670.73 NE CORNER SECT. 9 BRASS CAP FOUND TOWN OF SILT SURVEY MONUMENT INTERSECTION 1ST. AND GRAND AVE. NORTH QUARTER CORNER SECT. 10 BRASS CAP FOUND TOWN OF SILT SURVEY MONUMENT INTERSECTION 9TH ST AND GRAND AVE. LOT 1A SCOTT SUBDIVISION Alexandra & Anthony Jerkunica 8K1702 PG395 LOT 1B SCOTT SUBDIVISION River Frontoge Road, LLC BK1715 PG250 LOT 2 SCOTT SUBDIVISION SCOTT, MURRILL THOMAS & SUE ANN BK1212 PG558 —RIVER FRONTAGE ROAD 12" ADS CULVERT/ / (60' EASEMENT) 60.0 1.23 Set Aluminum Cap On/ #5 Rebor L.S.f 28036 Fnd Yellow Plastic Cap L.S.f 13500 UNDERGROUND INFILTRATOR BED f°T In 0 Outdoor Grills SEWER FORCEMAIN EN CONCRETE SLAB NOTE: UTILITIES INCLUDED IN ALL NEW SPACES: - ELECTIC -TELEPHONE - SEWER - WATER End Yellow Plastic Cap L.S.l 13501 TOWN OF SILT 8K1177 PG622 Fnd Yellow Plastic Cop L.5.# 13501 10 ••VENT LPES••••,• ..✓•.SWITCH PANEL .' • NET •LiGAY POLE i'! .......... • AND. 6RE9KER•YSj • MOS, r � S � -AI DVANTEX •PODS NEW WATER • MP r,‘ /1 – 123.32' –el Fnd Yellow Plastic Cap L.S.y 13501 LOT 3 SCOTT SUBDIVISION Gregorio & Sylvia Delgado BK1589 PG852 N88.2.5.02“Vii 588'26'02"E 359.58 Fnd Yellow Plostic Cop L,S f 13501 BARBED WIRE FENCE�>, w CA m 0 a� IV A W A � In N88'29'59"W 168.58 C NCRETE .. •V SLAB'.•.. (TYP.) ID BREAKER.•. • Er.15 11{1( • • •. • . •iMyuY�..�V• � •�1 4,000 GAL CONCRETE TANK ELL 0 PROPA Ex Ex i9 � 1 _ E111 r. Fx.2 \ 16 �. ate �: •_� �*: it WA ---�-------------------------- - �___-- –__'' LJ ®I oE��UMP _ _ _ _ _ _ exISTTNcxDAD(aRAv¢ o�' t --�_ OVERHEAD UTILITY ' IES RIVER BANK AND APPARENT HIGHWATER LINE AS DEPICTED ON THE SIEVERS AMENDED EXEMPTION PLAT N83'00'45"W COLORADO RIVER3'74 VALLEY FARMS, INC. BK801 PG838 NOTE EXISTING RV SPACES 55 AND 56 TO BE REMOVED AFTER INSTAL ATION OF MODULAR UNIT. UTILITY SERVICE LINES FOR RV (0 SPACES 55 AND 56 WILL •O BE USED FOR THE NEW N MODULAR ENT CT N88'26'02"W 147,59' 0 N 0 •c WOOD ENCE b, O 4, 4, 506.1 7' LOT 2 SIEVERS AMENDED EXEMPTION Gregorlo & Sylvia Delgado BK1801 PG534 WELL 1 \Fnd #5 Rebar, Set Aluminum Cop L_S.# 28036 Stomped "W.C. 127.36" Fnd Yellow Plastid Cap L.S./ 13501 51', °LAN III - tool -o" PARCEL B AMENDED KEITHLEY EXEMPTION C R COMMERCIAL PROPERTIES, INC BK1553 PG697 co CO ED V N EA F r Q)Q Fszt-O O m 0 Iv O Kf LV S Q AsA Kfl 5E r 51', -I LECIND ® SEWER MANHOLE III, POWER POLE A WATER VALVE o TELEPHONE POLE sx LIGHT POLE -- STREET SIGN o TELEPHONE PEDESTAL • RV WATER ACCESS O RV SEWER ACCESS o RV TELEPHONE ACCESS • RV ELECTRIC ACCESS • POST • YARD HYDRANT 0 GUY WIRE • ELECTRICAL BREAKER p PROPERTY CORNER m SEWER INSPECTION PORT cs 7'x12' CONCRETE SLAB NEW SEWER LINE — •.•.•.•, LANDSCAPE AREA EX. SEWER LINE — WATER LINE — v D,TCd VE ' U5G5 MAP 1, 24,000 End Yellow Plostic Cop L.S.# 1350 CHAIN LINK FENCE TOWN OF SILT BK1177 PG622 End Yellow Plastic Cop L -S.$ 13501 R=2 L_s5 Ton-- Delta on=Delta 4.79 35 9.78 13'51'08 ChD= 78'53 55 `N BARBED WIRE FENCE\ChOis 2=65475 PCGE55 EPSEM® Z. NOVTN I \ INTER STATE 7O End Yellow Plastic – Cap L.S.# 13501 j IRRIGA TI B N EASEMENT 479 PC 707 End Yellow Plastic Cap L.S.#/ 13501 57220 3v 264 30_ ASPHALT PARKING ��AREA --amu.••. _-y�._ J 623- a 59'/.re –17•� — S>3.59'pS. 4 0 7v.se ZBD 8.1±n M Z 0 0 A 0' N 4 ACRE GAS WELL EASEMENT (SEE LEGAL DESCRIPTION ON THIS PLAT) SEWER FORCEMAIN N89'16'11"E 215.24' \Found #5 Rebor, Set R Aluminum Cop L.S. MPS R #280360 STORAGE ARTA/M� I - ] 0.Es .-- 0/ may_ nt UNDERGROUND INFILTRATOR BED SEWER FORCEMAIN LOT 3 area = 27.468 acres SIMON CASAS & GENOBEVA LOPEZ 118 EUCLID AVE CARBONDALE. CO 81623 /..-- 0 •/ ® 00 K <0- BASIS OF BEARING N89'46'40"E 2670.73 NE CORNER SECT. 9 BRASS CAP FOUND TOWN OF SILT SURVEY MONUMENT INTERSECTION 1ST. AND GRAND AVE. NORTH QUARTER CORNER SECT. 10 BRASS CAP FOUND TOWN OF SILT SURVEY MONUMENT INTERSECTION 9TH ST AND GRAND AVE. LOT 1A SCOTT SUBDIVISION Alexandra & Anthony Jerkunica 8K1702 PG395 LOT 1B SCOTT SUBDIVISION River Frontoge Road, LLC BK1715 PG250 LOT 2 SCOTT SUBDIVISION SCOTT, MURRILL THOMAS & SUE ANN BK1212 PG558 —RIVER FRONTAGE ROAD 12" ADS CULVERT/ / (60' EASEMENT) 60.0 1.23 Set Aluminum Cap On/ #5 Rebor L.S.f 28036 Fnd Yellow Plastic Cap L.S.f 13500 UNDERGROUND INFILTRATOR BED f°T In 0 Outdoor Grills SEWER FORCEMAIN EN CONCRETE SLAB NOTE: UTILITIES INCLUDED IN ALL NEW SPACES: - ELECTIC -TELEPHONE - SEWER - WATER End Yellow Plastic Cap L.S.l 13501 TOWN OF SILT 8K1177 PG622 Fnd Yellow Plastic Cop L.5.# 13501 10 ••VENT LPES••••,• ..✓•.SWITCH PANEL .' • NET •LiGAY POLE i'! .......... • AND. 6RE9KER•YSj • MOS, r � S � -AI DVANTEX •PODS NEW WATER • MP r,‘ /1 – 123.32' –el Fnd Yellow Plastic Cap L.S.y 13501 LOT 3 SCOTT SUBDIVISION Gregorio & Sylvia Delgado BK1589 PG852 N88.2.5.02“Vii 588'26'02"E 359.58 Fnd Yellow Plostic Cop L,S f 13501 BARBED WIRE FENCE�>, w CA m 0 a� IV A W A � In N88'29'59"W 168.58 C NCRETE .. •V SLAB'.•.. (TYP.) ID BREAKER.•. • Er.15 11{1( • • •. • . •iMyuY�..�V• � •�1 4,000 GAL CONCRETE TANK ELL 0 PROPA Ex Ex i9 � 1 _ E111 r. Fx.2 \ 16 �. ate �: •_� �*: it WA ---�-------------------------- - �___-- –__'' LJ ®I oE��UMP _ _ _ _ _ _ exISTTNcxDAD(aRAv¢ o�' t --�_ OVERHEAD UTILITY ' IES RIVER BANK AND APPARENT HIGHWATER LINE AS DEPICTED ON THE SIEVERS AMENDED EXEMPTION PLAT N83'00'45"W COLORADO RIVER3'74 VALLEY FARMS, INC. BK801 PG838 NOTE EXISTING RV SPACES 55 AND 56 TO BE REMOVED AFTER INSTAL ATION OF MODULAR UNIT. UTILITY SERVICE LINES FOR RV (0 SPACES 55 AND 56 WILL •O BE USED FOR THE NEW N MODULAR ENT CT N88'26'02"W 147,59' 0 N 0 •c WOOD ENCE b, O 4, 4, 506.1 7' LOT 2 SIEVERS AMENDED EXEMPTION Gregorlo & Sylvia Delgado BK1801 PG534 WELL 1 \Fnd #5 Rebar, Set Aluminum Cop L_S.# 28036 Stomped "W.C. 127.36" Fnd Yellow Plastid Cap L.S./ 13501 51', °LAN III - tool -o" PARCEL B AMENDED KEITHLEY EXEMPTION C R COMMERCIAL PROPERTIES, INC BK1553 PG697 co CO ED V N EA F r Q)Q Fszt-O O m 0 Iv O Kf LV S Q AsA Kfl 5E r 51', -I Sheet 1.1 Utility Map Enlarged T 0 0 * • _J' V V I L I y `�V J. T 7,_ T rJ=J GAJ 1,� J \ F. VV L.% ® :I'�{ y w * W w * V - rm. - fM L - I v L11- a d • _ M{,44; ; f— \� { .r \L Z �_ TE• 1;'S [_)1,17).(....., �fJ \ !11Yr� •L • ,1'• l,• ,/-'� I• 1 l \ Ii L - CHAIN TOWN OF SILT 3<1177 PG622 / L.09 1, 55 . oo 4 ACRE GAS WELL EASEMENT (SEE LEGAL DESCIPTION ON THIS PLAT) SPRING FED POND 215.24' c.D) New Fou n DH;;SP-IF J ER I/1 -'---r) 8 111-L743 C=i)TCDR A('-) \ .__,4. -1T ARE/A 0 NOTE: UTILITIES INCLUDED IN ALL NEW SPACES: ELECTIC - TELEPHONE - SEWER - WATER 51 q.AN OF 10 BETWEEN WATER AND -- SEWER LINES ,New 28 New 27 ew 33/ New 34 o Ne\w 24 1\1\ry 23 4, ew ew ID/ / Ex.6 ew f\-\ tJ \Fi .FA, 1 \‘41 \N 7_22 TH Storage/ ` Mens & Ladies/ New 3 / New zz x.51 0 CTI 1 1 4,4 Ex.4 tit • 01 0.14 PR Co Nek-W 21 A NI -H New 19 "4 4, Nieh il.,,,',1/ .4)(.4'4// rTin i TOWN OF SILT 3 pant <1177 PG622 Necw 19 trt New 18 ew 17 NEW 4, New 11 RIC JtvL New 64 414111 6114 1 14* lafiggifit 0441 4110 'AitZi WATER LINT. Ex.23 4110 27-11 28' Ex.21 410 off N88°29'59"W 168.58' FT - Et26 Ex.B EXISTING ROAD (GRAVEL) att EX .364,:y Ex .3: Ex.34 Flf 4-11 rr ve alto J. /0 ,r1r) Ex.56 -------------------- 117 r EXISTING RV SPACES 55 AND 56 TO BE REMOVED AFTER INSTALATION OF MODULAR UNIT. UTILITY SERVICE LINES FOR RV SPACES 55 AND 56 WILL BE USED FOR THE NEW MODULAR UNIT. NZ HERON'S NEST RV PARK SIMON CASAS / MARIA CASAS 118 EUCLID AVE PH. 970-876-2443 CARBONDALE, CO 81623-2125 PAY TO THE ORDER OF 1048 82-340/1021 g /,/O) DATE I FOR ,ri ACJn r4 p c c j Alpine Bank $ Ycz) c 2,="'"o DOLLARS * a,�. " 600 East Hopkins, Suite 001 Aspen, CO 81611 (970) 920-4800 • Alpine Into4Lto (970) 945.4433 -,01— l._._/Ccs . _.____-.__ M+ ....„,.5) OHARLANO CEI E AUG 0 9 2007 GAF -',;=;CLL) COUNTY SU WING & PLANNING