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HomeMy WebLinkAbout1.0 Application• BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 3-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of parfield County, Colorado, adopted April 23, 1984 Section 2:20.49, the undersigned /Yorr i19/:,y/ Alkyl f respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of 8 acre tract of land into /4r -a. tracts of approximately /41, 4 acres each, more or less, from the definitions of "subdivision" and "subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (10) (a) - (d) and the Garfield County Subdivision Regulations for the reasons stated below: SUBMITTAL REQUIREMENTS: An application which satisfied the review criteria must be submitted with all the following infnrnation: S':etch mi.p at a rninimwn scale of 1 "+200' showing tine legal description of the property, dimension and area of all lots or separate interests to be created. access to a public right-of-way, and any proposed easements for drainage. irrigation, access or utilities: and B. Vicinity map at a minimum scale of 1 "=2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy of U.S.G.S. quadrangle map may be used: and C Copy of the deed showing ownership by the applicant. or a letter from the property owner(s) if other than the applicant; and D. Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees of minerals owners of record of the property to be exempted, and tenants of any structure proposed for conversion; and E. Evidence of the soil types and characteristics of each type; and F. Proof of legal and adequate source of domestic water for each lot created, method of sewage disposal, and letter of approval of fire protection plan from appropriate fire district; and G. If connection to a community or municipal water or sewer system is proposed. a letter from the governing body stating a willingness to serve; and H. Narrative explaining why exemption is being requested; and 1. It shall be demonstrated that the parcel existed as described on January 1, 1973 or the parcel as it exists presently is one of not more than three parcels created from a larger parcel as it existed on January 1, 1973. J. A $300.00 fee must be submitted applica),6n. V Petition 53-97 G 7. Mailing Address City State 970 —676 - .2.e944 Telephone Number EXEiNIPTION APPLICABILITY The Board of County Commissioners has the discretionary power to exempt a division of land from the definition of subdivision and thereby from the procedure in these Regulations, provided the Board determines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The Board shall make exemption decisions in accordance with the requirements of these regulations. Following a review of the individual facts of each application in light of the requirements of these Regulations, the Board may approve, conditionally approve or deny an exemption. An application for exemption must satisfy, at a minimum, all of the review criteria listed below. Compliance with the review criteria, however, does not ensure exemption. The Board also may consider additional factors listed in Section 8:60 of the Subdivision Regulations. A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973. In order to qualify for exemption, the parcel as it existed on January 1, 1973, must have been 35 acres or greater in size at that time and not a part of a recorded subdivision: however, any parcel to be divided by exemption that is split by a public right-of-way (State of Federal highway, County road or railroad), preventing joint use of the proposed tracts, and the division occurs along the public right-of-way, such parcels thereby created may, at the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable. For the purposes of definition, all tracts of land 35 acres or greater in size, created after January I, 1973 will count as parcels of land created by exemption since January I, 1973. • • All Garfield County zoning requirements will be met; and C. All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained; and D. Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot. Proof of a legal supply shall be an approved substitute water supply plan contract; augmentation plan; an approved well permit; legally adjudicated domestic water source or a contract for a permanent legal supply of domestic water to be hauled from an outside site for a cistern. Proof of the physical supply from a well for the public meeting, may be documentation from the Division of Water Resources that demonstrates that there are wells within 1/4 mile of the site producing at least five (5) gallons /minute. Prior to the signing of a plat, all physical water supplies using a well shall demonstrate the following: 1) That a four (4) hour pump test be performed on the well to be used; 2) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level: 3) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; 4) A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; 5) An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day: 6) If the well is to shared, a legal, well sharing agreement which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs. 7) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. For water supplies based on the use of cistern, the tank shall be a minimum of 1000 gallons. E. Method of sewage disposal, and a letter of approval of the fire protection plan from the appropriate fire district; and F. All state and local environmental health and safety requirements have been net or are in the process of being met; and G. Provision has been made for any required road or storm drainage improvements; and I1. Fire protection h• been approved by the appropriate f• district; and F{. Any necessary drainage, in-igation or utility easements have been obtained or are in the process of being obtained; and School fees. taxes and special assessments have been paid. (The school impact fee is $200.00 for each lot created) PROCEDURES A. A request for exemption shall be submitted to the Board on forms provided by the Garfield County Planning Department. Two (2) copies of the application, maps and supplemental information shall be submitted. The Planning Department shall review the exemption request for completeness within eight (8) days of submittal. If incomplete, the application shall be withdrawn from consideration and the applicant notified of the additional information needed. If the application is complete. the applicant shall be notified in writing of the time and place of the Board of County Commissioners meeting at which the request shall be considered. In either case, notification shall occur within fifteen (150 days of submittal. C. Notice of the public meeting shall be mailed by certified mail. return receipt requested, to owners of record of land immediately adjoining and within 200 feet ul the proposed exemption. to mineral owners and lessees of mineral owners of record of the land proposed for exemption, and to tenants of any structure proposed for conversion. The exemption site shall be posted clearly and conspicuously visible from a public right-of-way with notice signs provided by the Planning Department. All notices shall be mailed at least fifteen (15) and not more than thirty (30) days prior to the meeting. The applicant shall be responsible for mailing the notices and shall present proof of mailing at the meeting. D. At or within fifteen (15) days of the meeting, the Board shall approve, conditionally approve or deny the exemption request. The reasons for denial or any conditions of approval shall be set forth in the minutes of the meeting or in a written resolution. An applicant denied exemption shall follow the subdivision procedures in these regulations. • • REQUIREMENT C • • Decoidodel oc o'clock J' M 19911 neoeoport rro. iltkil i73 MIL. RED ALS000F, neconDeR GAIIFIELD COUNTY, COLORADO WARRANTY DEED cr V mo 'ii O F10E626 GARfIELD t1 0 19^C Slab Dcc; Feo E. Gale Loesch and Carol J. Loesch, Grantors, whose address is ��• 2026 S. Broadway, Grand Junction, County of Mesa, State of Colorado, for the consideration of Seventy Thousand and 03/100 Dollars ($70,000.00), in hand paid, hereby sell and convey to Norman B. Bunt and Virginia E. Bunt, as joint tenants, Grantees, whose legal address is 5597 233 Road, Silt, County of Garfield, and State of Colorado 81652, the following real property in the County of Garfield, and State of Colorado, to wit: Tracts 39, 40, 41, 42, 55 and 58 of The Antlers Orchard Development Company's Plat No. 1, recorded July 23, 1909, otherwise described as the NWL/4 SW1/4, NE1/4 SW1/4 SWI/4 and the SEL/4 SW 1/4 SW1/4, all in Section 34, T. 5 S., R. 92 W., 6th P.M.; Together with all water and water rights, and ditches and ditch rights, appurtenant to or used upon or in connection with the real property described herein, including but not limited to 89 acre feet of the Silt Water Conservation District Water, also known a; The Silt Project Water, and 28 shares of the capital stock of the Farmers Irrigation Company; together with all easements and rights-of-way appurtenant thereto; Grantors reserve unto themselves, their heirs, personal representatives and assigns, one-half of all royalties, rents, profits and minerals from the sale or lease of all coal, oil, gas and other minerals located in, on or under the subject property, together with the right of ingress and egress to develop and exploit the same, subject to payment of surface damages. also known as street and number - none assigned; with all its appurtenances and warrant title to the sane, subject to U.S. patent reservations and exceptions; all recorded or apparent rights of way and easements; and building and zoning regulations and all other governmental laws, regulations, resolutions and restrictions; and the general property taxes and water stock and ditch assessments for 1990 and thereafter. Signed this 5th `day of January, 1990. .:'tcc44e f1 E. Gale Loesch / Carol J. Loesch STATE OF COLORADO, ) ,COUNTY OF GARFIELD.) ss. The Eot,eyoing instrument was acknowledged before me in the County of r,arf,iuld, State of Colorado, this 5th day of .January, 1990, by E'. Gale-Loesch and Carol J. Loesch, my ctytmission expires: ; •3.t- 1111- . Witness An,/ hand and official seaL.__,‘ 1 Notary Public ((.' i � j.�c • • REQUIREMENT D • • ADJACENT PROPERTY OWNERS 199 Tommy L. & Bonnie L. Rust 0188 County Road 259 Rifle, Colorado 81650 123 Jack J. & Lisa E. Davis 0187 County Road 259 Rifle, Colorado 81650 122 Dennis J. & Rebecca A. Brown 0313 County Road 259 Rifle, Colorado 81650 121 Jean M. Dice P. O. Box 867 Silt, Colorado 81652 221 Ora Jane Urban 0284 County Road 259A Rifle, Colorado 81650 160 Greg D. Watkins P. O. Box 2872 Glenwood Springs, Colorado 81602 161 Gregory D. & Teresa R. Watkins 0500 County Road 259 Rifle, Colorado 81650 192 Ruth J. Elder August G. Jewell Leslie Warren Jewell 1531 County Road 259 Rifle, Colorado 81650 232 Franklin C. Ryden 4860 County Road 233 Rifle, Colorado 81650 • • MINERAL RIGHTS OWNERS Gale E. and Carol J. Loesch 2026 S. Broadway Grand Junction, Colorado 81503 .• 28 160 • 18 (185 31 34 47 (` 235, ,� 48 B.L.M. • • : ••: ••: : ......0 0 0 • 50 83 '7 189 • to 0 p 27 167 —1 B.L.M. 109 2-1 • 4s 242 237 t5, 236 t 236 0 1200 Roundtreo Rood 0 R 93 W R 92 W 2400 3800 4800 v Count) APPROVEDc / - L • • REQUIREMENT E • • SOIL SURVEY of RIFLE AREA, COLORADO by United States Department of Agriculture and Soil Conservation Service Issued May, 1985 3. Arvada loam, 1 to 6 percent slopes. This deep, well drained, sloping soil is on fans and high terraces (fig. 4). Elevation ranges from 5,100 to 6,200 feet. This soil formed in highly saline alluvium derived from sandstone and shale. The average annual precipitation is about 12 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is about 120 days. Typically, the surface layer is strongly alkaline or very strongly alkaline, pale brown loam about 3 inches thick. The subsoil is brown silty clay loam about 14 inches thick. The substratum is light brown or brown silty clay loam to a depth of 60 inches. Included with this soil in mapping are small areas of Limon, Kim, Heldt, and Wann soils. Also included are some soils that are high in silt. Permeability is very slow, and available water capacity is moderate. Effective rooting depth is 60 inches or more. Organic matter content of the surface layer is low. Surface runoff is medium, and the erosion hazard is moderate. This soil is used mainly for wildlife habitat, limited grazing, and some irrigated farming. Irrigated crops produce very poorly because the soil takes water in very slowly and is droughty. Leaching is needed to remove excess salts if this soil is to be irrigated. Soil amendments containing sulphur are helpful in leaching the salt. The native vegetation on this soil is mainly saltgrass, alkali sacaton, and greasewood. When range condition deteriorates, forbs and shrubs increase. Properly managing grazing maintains and improves range condition. Seeding improves range in poor condition. Western wheatgrass, alkali sacaton, and tall wheatgrass are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Irrigating new seedings is necessary for successful establishment. Reducing brush improves the range if the grass understory is adequate. Cottontail rabbit and pheasant find shelter on this soil if they can obtain food in surrounding areas. Use of this soil or sanitary facilities, for community development, and as a source of construction material is limited by the high shrink -swell potential, slow permeability, clayey textures, and salinity. This soil is in capability subclass VUs, irrigated and nonirrigated. (Joins sheet 9) N 1 to • • • Requirement F Method of sewage disposal will be individual sewage disposal systems. Letter from Rifle Fire Protection District is attached. Well Permit Applications and Water Contracts from West Divide Water Conservancy District also attached. RIFLE FIRE PROTECTION DIA -HUT iribe r 1 ' nm i it u1 l 1 t , Colorado S1,bdi.`..'i.^ion Exemption Mr, Hunt, The Rifle Fire Protection District has reviewed your t,,-et;,,sed subdivision e.xrrnpt1on located on Jewell Lane in the Rifle Area.It is the understanding of the District_ lhat the ptopo ;e'd use is to subdivide the area into three residential lots, each being approximately 14 1/2 acres in si7 ll,o e,ror1e_,r-ty is within the boundaries of the Rifle Fire 1 ir>n Pi ;t.r ie^t . The District will provide Fire F,r-e:,l t i on and Fmetgency Medical Services t.o the area. Future residents nts =should he aware that water supplies in I he area may not he adequate to suppress a fire in i t 's The fli.strirt has water tenders which would r o the, :.ar(,,:, in the event. (f a fire which may or rlIAy iie't No ('?ra'eLI:? of supplying adequate fire flow, for r,lr;t,r t.:,•_ : i earl f''." the I .,as i (:lent ate he 1 r;q constructed, :a(idre Fes are t.o kc a r ,,=:t e..?d and consideration is t.o be given to the loads of 1 i r"e.. apparatus when driveways are constructed 1 h.rnl.: •,sou for yowl- e(ioperat.ion and feel free to contact me if T e ,'err he of further assistance. Fite t°i +r:>Ila 1 Telephone (970) 625-1243 • Fax (970) 625-2963 1850 Railroad Avenue • P.O. Box 1133 • Rifle, Colorado 81650 COLORADO DIVISION OF WA RESOURCES DEPARTMENT OF NATURAL laigOURCES 1313 SIHERMAN ST., RM. 818, DENVER CO 80203 phone - info: (303) 866-3587 main: (303) 866-3581 • RESIDENTIAL *(Note: You may also use this form to apply for livestock watering) Water Well Permit Application Must be completed in black ink or typed Review instructions prior to completing form 1. APPLICANT INFORMATION 6. USE OF WELL (check appropriate entry or entries) Name of applicant j��r`��s� L� /-74‘ �u`' /��v'! , // /� //2j --/r/4/67' E. E.' //C!%7 t See instructions to determine usels) for which you in one single-family in 1 to 3 single-family ! / may qualify -- dwelling to exceed 1 acre: ■ A. Ordinary household use �(NO outside use) L2 B. Ordinary household use dwellings: Number of dwellings: Mailing Address 571-y2 7 le,,d, .23_3 u , City State //zip code 5/1715/171 .-•:%-)��E� 5 [� Home garden lawn irrigation' not area irrigated /2! a --7i Esq. ft. ■ acre Telephone Number (include arre code) 0 _ 7., _2gq / Domestic animal watering — (non-commercial) 2. TYPE OF APPLICATION (check applicable box(es)) • C. Livestock watering (on farm/ranch/range/pasture) 2!--nnstruct new well well aquifer 0 Use existing well Use permit) 7. WELL DATA • Replace existing ■Change / Increase Mnsimun pumping rata /-- gpm Amon! amount to ba / withdrawn acre-feet • Change (source) • Reapplication(expiry,d • Other: Total depth /j-7� /S19 feet Atwater �i1/7A/670-'17 3. REFER TO (if applicable)0 Water court case f Permit f 8. TYPE OF RESIDENTIAL SEWAGE SYSTEM peptic tank / absorption (each field Verbal f -VE- Monitoring hole acknowledgment A MH • Central system District name: Well name orf A//;//1.5-- • Vault to: Location sewage to be hauled 4. LOCATION OF WELL • Other (attach copy of engineering design) Countty/,'o,� r �/ `• a Quarter/quarter �,, t, Quarte rr 5 jt'l// y:4 9. PROPOSED WELL DRILLER (optional) Narne 1_kaw rum bra Section 34 Township N or S Range E or W�/Prinapal,Meridian 7-4 - • �z • L� 10. SIGNATURE of applicant(s) or authorized agent Distance of well from section ��Of% ft. from lines ' .0 ft, from The making of false statements herein constitutes The in the second degree, which is punishable as a class demeanor pursuant to C.R.S. 24-4-104(13)(a). the statements herein, know the contents thereof _chat they are true to knowledg perjury 1 mis- I have read and state ■ N Itf� S „,r,/W ■ E CJ Well I Lon addr d different fro appli addrea lit applicable)itiw ��40-7-7 ,, 9 For replacement wells only - fAtance end direction from old well to new well feet direction M b""°'"e' "°n't”` �`���-- 0 MI* a.- iii 5. TRACT ON WHICH WELL WILL BE LOCATED A. You must check Name one of the following - see instructions Title k, , ����- 7/4"■ Subdivision: Lot no. Block no. Filing/Unit OPTIONAL INFORMATION 0 County exemption (attach coUSGS p copy of county approval &survey) Name/no. Tract no. map name OWR map no. Surface elev. 0 Mining claim (attach copy of deed or survey) Name/no. Office Use Only i USE DIV rd" ii er (attach legal description to application) CO B. STATE PARCEL ID# (optional): WD 0. # etre• in tract /7�' 5/� D. Are you the owner of this property? instructions) BA it Y tI ■ NO (if no - see E. Will this be the only well on this tract? (if other wells are on this tract- see instructions) MD i`�YES • NO Form GWS -44 (11/95) Lot 2 A tract of land, contained in the NW 1/4 of the SW 1/4 of Section 34, Township 5 South, Range 92 West of the 6th P.M., more particularly described as follows; Beginning on the westerly line of said NW 1/4 of the SW 1/4 within County road # 25.9, whence the west 1/4 corner of said Section 34 bears N 00' 13'51" W 753.82 feel, thence N 61'54'32"E 729.96 feet; thence S 87'30'13"E 686.05 feet to the easterly line of serial, NW 1/4 of the SW 1/4; thence along said easterly line S 00'03'04" W 357.32 feet; thence S 79'30'33" W 69.9.98 feet; thence S 61°54'32"W 723.99 feet to the westerly line of said NW 1/-1 of the SW 1/4, being within County Road # 259; thence along said westerly line and County Road # 259 N 00'13'51" W 511.85 feet to the point of beginning, containing 14.42 acres, more or less. • Contract No. 960531NVH#2(a) Map ID No 227 Date Activated. 07/23/96 APPLICATION AND DATA FORM TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT A. APPLICANT,/ l� Name /Lfei'wi�» / / /�•)/ 47/ //Alt Address _T2 5 -37e7 Go, j': iL-33 .-5-,://, , 1f/< S%2 Telephone Number 97c, /e51W. -,,2?qr . Authorized Agent or Representative B. WATER RIGHT OWNED BY APPLICANTS Name of Right /2/� ' Type of Structure or Right Location of Point of Diversion 2 - (- 114, fr- i 54,4f4 4 /�!�() 74/• rei-«427 ./15-. /1? -Z. 5t - 3/` 7753> � dt /'f11 Water Court Case No. Well Permit No. 3'4 T f /tS'.?a! C. INTENDED USE OF LEASED WATER Location of Area of Use /x•/6.1/ j!� kfSc�c- i j S:s; ''/.2i' 177/7eDescription o Use 42, OGr) f/ 4'ii'Js 4k*,d 7C• AeGW- Number of Dwelling Units ph, Total Acreage f y / .,./.1 3•. -- Proposed Potable Water System Proposed Wast -Water Treatment System -fir/at; /ten 4 41f7 � -1V- ,' Projected Monthly Volume of Leased Water Needed in Gallons: Jan. Feb. Mar. Apr. May June July Aug. Sept. Oct. Nov. Dec. Annual Total Gallons Acre Feet e41,e_ Maximum Instantaneous Demand gpm D. OTHER REMARKS cam- r/ •% % e -c1 e-k7/1//+��1 , / S�gn:ture 3--9,C (-) Date Signa R92W R9 1 W RIFLE GAP STATE I RECREATION AREA !r6 .� a -- - • —� 3i•-• )- ' r C.- c- V /.=C 1 '•-•:•:--1.13...,A//11 :1 1 �`\I :1 • '1 • •' 1 L 147,148 I I •71 � A T_ ARF1A A 1241NEW —CAS ae 3 1 1 � I _ RIFLE 62 18 AREA A e I I I -I4'- 1 Ii: 1 I I 11 't \•.o IS I d° ' 1 ` i • !t_1 O�. \:�.6,,.- , . I1 't -i--v -- 1 I i1 1 I 1 1 IYI 24 Ip \ I I 4A- /1 I. I �- I : I 1. 30 I . J 7200 n• • • Contract # 960531NVH#2 (a) Map ID 1 22 / Date Activated 07/23/96 WEST DIVIDE WATER CONSERVANCY DISTRICT Water Allotment Contract Name of Applicant: dr-h7r..p7 "/' . /f1;Q /,._, 4'441/— Quantity 447/— Quantity of water in acre feet 4v7e= Applicant, hereby applies to the west Divide water Conservancy District, a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of C.R.S. 1973, 37-45-101, et seq., (hereinafter referred to as the "District") for an allotment contract to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this application, and subsequent delivery and use of water, Applicant hereby agrees to the following terms and conditions: 1. Water Rights: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water, which will be supplemented 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 State Engineer. 2. Quantity: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in acre-feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow, storage or otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terms and conditions of this contract. 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 rights 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, it 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: Municipal, domestic and related uses, or irrigation and commercial (except to the extent that Ruedi water may not be available for irrigation and commercial as those terms are defined on page 5 of Contract No. 2-07-70-W0547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's control. 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of -1- • • diversion for said other sources, and release or delivery of water at such outlets or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir shall be subject to the District's lease contract with the United States Bureau of Reclamation. Releases from other facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases Erom structures that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (October 1), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado State Engineer 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. The District, or anyone using the District's decrees, may call on any additional sources of supply that may be available at an alternate point of diversion, (though not at the original point of diversion) only as against water rights which are junior to the date of application for the alternate point of diversion. 5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant. The District reserves the exclusive 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 and 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 agreement. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under paragraph 18 below. In any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof. 6. Contract 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 this application for consideration by the District. -2- • • Annual payment for the water service described herein shall be determined by the Board of Directors of the District at a per acre-foot rate. 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, written notice thereof will be sent by the District to the Applicant at such address as may be designated by the Applicant in writing. (If no address has been so designated in writing, then said notice shall be sent to Applicant's address set forth herein. 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 ten (10) days after the date of said written notice, Applicant shall at District's sole option have no further right, title or interest under this contract without further notice and delivery may be immediately curtailed; and 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. 7. Security: As security to the District, the foregoing covenant of annual payments in advance of water delivery, will be fully met by annual budget and appropriation of funds from such sources of revenues as may be legally available to the Applicant. As additional security to the District, the Applicant will hold harmless the District and any person, corporation, quasi -governmental entity, or other governmental entity, for discontinuance in service due to the failure of the Applicant to maintain the payments herein contemplated on a current basis. Applicant agrees to defray any out-of-pocket expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8. Assignment: This agreement shall inure to the benefit of the heirs, successors or assigns of the parties hereto, except that no assignment shall be permitted in the event the water right allotted hereunder is to be used for the benefit of land which will be subdivided or otherwise held or owned in separate ownership interests by two (2) or more users of the water right allotted hereunder. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this contract, have any rights hereunder. Any assignment of the 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. 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law. 10. Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement" with the District under terms and conditions determined by the •Board of Directors of the District, if and when, the Board of said District -3- • • determines in its sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for additional annual monetary consideration for extension of District delivery services and for additional administration, operation, and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant. 11. Change of Use: The District reserves the exclusive right to review, reapprove or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this contract. 12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described in the documents submitted to the District at the time this agreement is executed (said documents are incorporated herein by this reference thereto), or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, shall be deemed to be a material breach of this agreement. 13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal fee title interest in or to any water or water 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 uses as follows (unless specific waivers are appended to this agreement). Violation of these restrictions shall be deemed to be a material breach of this agreement. Use Annual Maximum Diversion Household Domestic (includes lawn) Livestock (cattle) Irrigation 1/3 acre foot 1 - 3 acre feet 1 acre foot/100 head 2 - 3 acre feet/acre 16. Well Permit: If Applicant intends to di',ert 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. Representations: By executing this agreement, Applicant agrees that he is not relying on any legal or engineering advice that he may believe he has received from the District. Applicant further acknowledges that he has obtained all necessary legal and engineering advice from his 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 agreement. 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. 18. Costs of Water Court Filing: 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 proceeding. -4- 19. Binding Agreement: This Agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application for Purchase of Waters from the 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. 20. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. 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. % 1 APPLICANT: APP(ICANT: / APPLICAN ADDRESS: , ! ' y STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) The foregoing instrument was a nowledgeli e7 bp/forme o this j_5(5/day day of --ij'f / , 1951 by />riY)l [T ,CTtA n7 l.,,INCY-V4(i7"i 4 r ri • I '' Witness my hand and official seal. My commission expires: After a hearing by the Board of Directors of the West Divide Water Conservancy District on the above application, it is hereby ORDERED that said application be granted and this contract shall be and is accepted by the District. WEST DIVIDE WATER CONSERVANCY DISTRICT By ivrT ST: President Secretary(,,( ri Date This contract includes and is subject to the terms and conditions of the following documents which must accompany this contract: 1. Map showing location of point of diversion (use map provided) 2. Application and Data Form fully completed and signed 3. Other -5- Review instructions prior to comoletinv form RESIDENTIAL *(Note: You may also use this form to apply for livestock watering) Water Well Permit Application Must be completed in black ink or typed 1. APPLICANT INFORMATION 6. USE OF WELL (check appropriate entry or entries) Name of applicant / a f //u/7 14/- 91H/41 F , //tee/ mine use(s) See instructions to determine for which you in one single-family in 1 to 3 single-family / may qualify — dwelling to exceed 1 acre: ■ A. Ordinary household use ,r,� (NO outside use) Ih 6. Ordinary household use dwellings: Number of dwellings: Mailing Address 5-97 Co ,' j ,233 City State zip code / hi CO, 8/64,2 Dime garden/lawn irrigation, not area irrigated /1./ 000 Lt! q. ft. ■ acre Telephone Number (include area code) 970 _ 876 _ 091 Domestic animal watering – (non-commercial) 2. TYPE OF APPLICATION (check applicable box(es)) ■ C. Livestock watering (on farm/ranch/range/pasture) C struct new 0 Replace existing well well aquifer • Use existing well Use permit) 7. WELL DATA 0 Change / Increase Maximum pumping rata /,r gpm Annr.d amount to be withdrawn / acre-feet • Change (source) • Reapplicationtexired • Other: Total depth t/d/ti,jeA /30 feet Aquifer �r/ /feriezi 3. REFER TO (if applicable)0 Water court case A Permit A 8. TT E OF RESIDENTIAL SEWAGE SYSTEM L9'Septic tank / absorption leach field Verbal A -VE- Monitoring hole acknowledgment A MH • Central system District name: Well name or A/��/f .�,! / ffe, ' / ❑ Vault Location sewage to be hauled to: 4. LOCATION OF WELL • Other (attach copy of engineering design) County ert-1/4// Quarter/quarter /Y/3/4 Quarter ✓✓w t/4 9. PROPOSED WELL DRILLER (optional) Name license numbe, Section .34 Township ,S N or S Range E or WW / Principal Meridian 10. SIGNATURE of applicant(s) or authorized agent ■ tr, fr2 ■ L� Distance of well from section ;2� 36 ft. from lines, /C ft.,,.,% �f'7 from The making of false statements herein constitutes perjury in the second degree, which is punishable as a class 1 rnis- demeanor pursuant to C.R.S. 24-4-104(1 3)(a). I have read the statements herein, know the contents thereof and state that they are true to .• • knowle. gee. • N Ifs S • E LTJ W Wel location address, sl differecit from applicant address (if appli ble) Col)e/ /'a/, 2 F -or replacement wells onl distance and direction from old well to new well ' feet direction be original �, /✓���� C i , 5. TRACT ON WHICH WELL WILL BE LOCATED A. You must check Name one of the following - see instructions Title ri e/,/��/i5 Date 9 ��4� • Subdivision: Lot no. Block no. Filing/Unit OPTIONAL INFORMATION IIIUSGS County exemption (attach copy of county approval & survey) Tract no. map name DWF map no. Surface elev. Name/no. ❑ Mining claim (attach copy of deed or survey) Name/no.DIV Office Use Only ` 1 USE U lJther (attach legal description to application) E CO B. STATE PARCEL ID# (optional): WD C. # acres in tract ��i �3 D. Are ti the owner of this property? instructions) BA LflYES • NO if no - see E. Wi his be the only well on this tract? IYES 0 NO (if other wells are on this tract- see instructions) MD COLORADO DIVISION OF WRESOURCES DEPARTMENT OF NATURAL OURCES 1313 SHERMAN ST., RM. 818, DENVER CO 80203 phone - info: (303) 866-3587 main: (303) 866-3581 • Form GWS -44 (1 1195) /.nt 1 11r(rel of lo►►.(l, cont(r.i.n.ed in the NW 1/1 of the SW 1/1 of Section 1. Township .5 Soli 11, Range 92 West of the 6111, P.ilf., more !►(rrl lei tlnrig clescribed as follows; 11 ug ►(inq (1! the Wes/ 1/4 Corner of said Section 34, thence along the northerly line of .Soi(l N11' ///1 of the 5'W 1/1 S 8T.30'13'1 1:'131.01 feet; thence (Ilong the easterly l,in.e of said NIP 1/•1 of the `'ll 1 ;' 1 S 00°0:1'0.1" (P i111.t1 feet.; thence N 87.30'1.3"117 686.05 .f(e1: thence S 61•54'32"111 7,"!.9..96 feet to the westerly line of .,ni(l NIP 1/4 of the SW 1/1, l►eia►.g within. County Roast # 25/); thence (rlon(1 .swirl westerly line mut Co(r.nfi/ Rood # 259 N 00"13'51"W feel to the point of beginning, containing 14.-/a acres, mare or less. • Contract No. 960531NVH#1(a) Map ID No 226 Date Activated 07/23/96 APPLICATION AND DATA FORM TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT A. APPLICANT/ , / _ Name ii/�rn rie�r� / 6/i.-22mv , / lif Address _5.57 /2:,,,,4117,/ ,1. 5/ l -r✓ . aP//:�- Telephone Number x741 / -_,2f Authorized Agent or Representative B. WATER RIGHT OWNED BY APPLICANT /4, // -t/ or Right Name of Right Type of Structure Location of Point of Diversion 71-7-17-1-P14,/ 71 % l[/ Firs, Lam% Vis' 9e., 7 � _%S 5 /1 `1 �!ti . Water Court Case No. Well Permit No. C. INTENDED USE OF LEASED WATER Location of Area of Use /1/ie:,/ 511''x/ 5 c, ,lye' 7 - Reg2ic f r. f3.>�, Descriptiori of J` se , /,2/4(7/1) . // 4.4fv4a Number of Dwellin Units Cin• Total Acreage / /4c:t 5 fi Proposed Potable Water System /l'p17 Propose Waste -Water Treatment Sutem Projected Monthly Volume of Leased Water Needed in Gallons: Jan. Feb. Mar. Apr. May June July Aug. Sept. Oct. Nov. Dec. Annual Total Gallons Maximum Instantaneous Demand gpm Acre Feet en -e. D. OTHER REMARKS di,/,;(4/J4(/ J,' 7 4 to- Date o Date Sig //' % V a.tur� . / th 7a,r c Signati1 Lot 1 :t tract of land, contained in the NW 1/4 of the SW 1/4 of Section 34, Township 5 South, Range 92 West of the 6th P.M., more particularly described as follows; Beginning at the West 1/4 Corner of said Section 34, thence along the northerly line of said NW 1/4 of the SW 1/4 S 8730'13"E 13.3.1.01 feet; thence along the easterly line of said NW 1/4 of the SW 1/4 S 00'03'04" W 381.87 feet; thence N 8730'13" W 686.05 feel; thence S 61'54'32" W 729.96 feet to the westerly line of said. NW 1/4 of the SW 1/4, being within County Road # 259; thence along said 'westerly line and County Road # 259 N 00'13'51" W 75:3.82 feet to the point of beginning, containing 14.43 acres, more or less. R9 2W R9 1 W i RIFLE GAP STATE !, RECREATION AREA_ �:\s nf' 24 45 AREA A 124131 cA� �4 .1 31511 1 42;143 RIFLE 62 24 I I I/ I, i\` ) II A< . .1 —:TI i O �f�, i e I : 1 .1 1 `1', i la VI e'1 ( I • : 1 QQ .I 1 1�� :1 64 1 • p V7 11 ly I J Ii:\ ,, 1 I I ' Ci i, (— —1.1 0 • i . 1-'00 0 0 \•. 72°° East' Contract # 969 1NVH#1 (a ) Map ID # L Date Activated U//Z3/96 WEST DIVIDE WATER CONSERVANCY DISTRICT Name of Applicant: Water Allotment Contract Akmow 4-A77` Quantity of water in acre feet One -- Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of C.R.S. 1973, 37-45-101, et seq., (hereinafter referred to as the "District") for an allotment contract to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this application, and subsequent delivery and use of water, Applicant hereby agrees to the following terms and conditions: 1. Water Rights: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water, which will be supplemented 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 State Engineer. 2. Quantity: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in acre-feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow, storage or otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terms and conditions of this contract. 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 rights 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, it 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: Municipal, domestic and related uses, or irrigation and commercial (except to the extent that Ruedi water may not be available for irrigation and commercial as those terms are defined on page 5 of Contract No. 2-07-70-W0547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's control. 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of -1- • • diversion for said other sources, and release or delivery of water at such outlets or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir shall be subject to the District's lease contract with the United States Bureau of Reclamation. Releases from other facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases Erom structures that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (October 1), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado State Engineer 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. The District, or anyone using the District's decrees, may call on any additional sources of supply that may be available at an alternate point of diversion, (though not at the original point of diversion) only as against water rights which are junior to the date of application for the alternate point of diversion. 5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant. The District reserves the exclusive 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 and 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 actuallytransferred 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 agreement. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings Eor the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under paragraph 18 below. In any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof. 6. Contract 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 this application for consideration by the District. -2- Annual payment for the water service described herein shall be determined by the Board of Directors of the District at a per acre-foot rate. 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, written notice thereof will be sent by the District to the Applicant at such address as may be designated by the Applicant in writing. (If no address has been so designated in writing, then said notice shall be sent to Applicant's address set forth herein. Water use for any part of a water year shall require payment Eor 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 ten (10) days after the date of said written notice, Applicant shall at District's sole option have no further right, title or interest under this contract without further notice and delivery may be immediately curtailed; and 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. 7. Security: As security to the District, the foregoing covenant of annual payments in advance of water delivery, will be fully met by annual budget and appropriation of funds from such sources of revenues as may be legally available to the Applicant. As additional security to the District, the Applicant will hold harmless the District and any person, corporation, quasi -governmental entity, or other governmental entity, for discontinuance in service due to the failure of the Applicant to maintain the payments herein contemplated on a current basis. Applicant agrees to defray any out-of-pocket expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8. Assignment: This agreement shall inure to the benefit of the heirs, successors or assigns of the parties hereto, except that no assignment shall be permitted in the event the water right allotted hereunder is to be used for the benefit of land which will be subdivided or otherwise held or owned in separate ownership interests by two (2) or more users of the water right allotted hereunder. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this contract, have any rights hereunder. Any assignment of the 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. 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law. 10. Operation and Maintenance Agreement: Applicant shall enter into an 'Operation and Maintenance Agreement" with the District under terms and conditions determined by the •Board of Directors of the District, if and when, the Board of said District -3- • 1 determines in its sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for additional annual monetary consideration for extension of District delivery services and for additional administration, operation, and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant. 11. Change of Use: The District reserves the exclusive right to review, reapprove or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this contract. 12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described in the documents submitted to the District at the time this agreement is executed (said documents are incorporated herein by this reference thereto), or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, shall be deemed to be a material breach of this agreement. 13. Title: It is understood and agreed that nothing herein shall be iTnterpreted 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 uses as follows (unless specific waivers are appended to this agreement). Violation of these restrictions shall be deemed to be a material breach of this agreement. Use Annual Maximum Diversion Household Domestic (includes lawn) Livestock (cattle) Irrigation 1/3 acre foot 1 - 3 acre feet 1 acre foot/100 head 2 - 3 acre feet/acre 16. Well Permit: If Applicant intends to di,iert 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. Representations: By executing this agreement, Applicant agrees that he is not relying on any legal or engineering advice that he may believe he has received from the District. Applicant further acknowledges that he has obtained all necessary legal and engineering advice from his 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 agreement. 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. 18. Costs of Water Court Filing: 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 proceeding. -4- 19. Binding Agreement: This Agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application for Purchase of Waters from the 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. 20. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. 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. APPLICANT: APP ICANT: ( /J APPLICAJNT ADDRESS: • ii 7, STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) The foregoing instrument was ac owledged C� this 'J(St day of ` �.}, , l�i�. by )'i/ j/}']QTY) 61. /11ti� f. G9«..;?i�, //U- \-- V " Witness my hand and official seal. My commission expires: ORDER After a hearing by the Board of Directors of the West Divide Water Conservancy District on the above application, it is hereby ORDERED that said application be granted and this contract shall be and is accepted by the District. ATTEST: WEST DIVIDE WATER CONSERVANCY DDIISTRICT President By Secretary/ -t /= Date This contract includes and is subject to the terms and conditions of the following documents which must accompany this contract: .13/19n 1. Map showing location of point of diversion (use map provided) 2. Application and Data Form fully completed and signed 3. Other -5- COLORADO DIVISION OF WA RESOURCES DEPARTMENT OF NATURAL IOURCES 1313 SHERMAN ST., RM. 818, DENVER CO 80203 phone - info: (303) 866-3587 main: (303) 866-3581 RESIDENTIAL * • (Note: You may also use this form to apply for Review instructions prior to completing form livestock watering) Water Well Permit Application Must be completed in black ink or typed 1. APPLICANT//. INFORMATION Name of applicant/(4/-,174-77 / //� / // //I/77/ //7 �[ /'% 9, i A? , , ///1-i7 f Meiling Address 53-97 �/ 4'G// 2 33 6. USE OF WELL (check appropriate entry or entries) City State Zip code /7L Telephone c>o, gj65 Telephone Nrmbr (include res code) 2. TYPE OF APPLICATION (check applicable box(es)) See instructions to determine use(s) for which you may qualify -- O A. Ordinary household use in one single-family dwelling NO outside use) B. Ordinary household use in 1 to 3 single-family dwellings: Number of dwellings: LT Home garden/lawn irrigation, not to exceed 1 acre: ,,��area irrigated / s000 sq . 0 acre L7 Domestic animal watering - (non-commercial) O C. Livestock watering ion farm/ranch/range/pasture) 4nstruct new well ❑ Replace existing well ❑ Change (source) aquifer ❑ Other: ❑ Use existing well ❑ Change / Increase Use ❑ Reapplication(expired pem,it) 7. WELL DATA Maximum pimping rata gpm Annual amount to be withdrawn acre-feet 3. REFER TO (if applicable)0 Total depth Water court case 1 Permit A / Aoiifer feet 1/11 TYPE OF RESIDENTIAL SEWAGE SYSTEM Verbal l -VE- Monitoring hole acknowledgment � MH - Well name or S 4. LOCATION OF WELL -Septic tank / absorption leach field O Central system District name: O Vault Location sewage to be hauled to: O Other (attach copy of engineering design) County Cesar -�/ Quarter/quarter Quarter 51i/ 1/4 9. PROPOSED WELL DRILLER (optional) Section 34/ Township N or S Range E or W ��❑&-r9❑ Principal Meridian Name License n,,,,ba 10. SIGNATURE of applicant(s) or authorized agent Distance of well from section lines ft. from 0 N ILS S 660 ft. from 0 E lJ W Well location addr if differentfr applican addr lit a liGabk) L©t— �lQf�¢�1! /distance ,1C/ ,-or replacement well. only and direction from old well to new well feet direction 5. TRACT ON WHICH WELL WILL BE LOCATED A. You must check one of the following - see instructions ❑ Subdivision: Name Lot no. Block no. Filing/Unit ❑ County exemption (attach copy of county approval & survey) Name/no. Tract no. ❑ Mining claim (attach copy of deed or survey) Na Other (attach legal description to application) The making of false statements herein constitutes perjury in the second degree, which is punishable as a class 1 mis- demeanor pursuant to C.R.S. 24-4-104(13)(a). I have read the statements herein, know the contents thereof and state that they are true tom knowledg. t be raisin./ signature/- Title OPTIONAL INFORMATION Date USGS map name DWR map no. Surface deer. B. STATE PARCEL ID# (optional): C. / acres in tract D. Are you the owner of this property? .1Yt5 0 NO (if no - see instructions) E. Will this be the only well on this tract? 0Y—IS- 0 NO (if other wells are on this tract- see instructions) Office Use Only DIV CO WD BA USE MD Form GWS -44 (11/95 Lot 3 A tract of • 31 land, contain.e�irz the NW 1 Township 5 South., Range 92 Westf the oe 6th P. fthe STYM•. ,1ofr Section particularly described as f follows; more Beginning on the westerly line of County road # 259, westerly the west said NW t/4 of the SW bears N 00'13'51" W1/4 corner of1/4 within feet; thence tV 79'0', 1265.67 feet, thence'said 723.99Secti34 E 699.98N 6 easterly 32"E said NW 1/4 of the ,s TT' 1 feet to the easterly line of S 00'03'04" NW4 66 the/4; thence along said easterly feet to the SE corner ofline Sir 1/4; thence N d8'�11 '51" TY said NW 1/4 o f the line e o f said NW 1/4 0 1326.06 feet along the southerly line of SW 1 4 f the SW 1/4 to the westerly 1/4/ being within County line of said NW along said westerly line and Count Road # 259; thence 11'1' 73 feet to the point of2J Road # 259 N 00°13'51"TV or less. beginning, containiin 9' > 4.43 acres, more • Contract No. 960531NVH#3(a) Map ID No 228 Date Activated 07/23/96 APPLICATION AND DATA FORM TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT A. APPLICANT,/ / j� , Name /r0/-11:1400 / //f/ fi, II -et Address j31-77 eo, � ;2_3rs „we'Go . 4,--7.5,-.Z Telephone Number q74:5 /57, -...24g4742' Authorized Agent or Representative B. WATER RIGHT OWNED BY APPLICANT �1 Name of Right a‘/#.5 .5 Type of Structure or Right !4'`l Location of Point of Diversion XA i,e7 6: 0eW sna f 4„1 5 - .3yt, rs 5 -' ,/f/rr-v.)e, Ae94, 4-70>o /11.-12e. /ite fir_ .3 --7:33-4,/ Water Court Case No. Well Permit No. C. INTENDED USE OF LEASED WATER Location of Area of Use WATER,/ ,;AV/‹; .5,14c-3/ i / rP9 2 6 el! 0. Description of Use ,5;,,,g /7 - -cs/92rrl7--/- J / Asi° Number of Dwelling Units o/1r__ Total Acreage /,$ Are - Proposed Potable Water System /A% Proposed Waste -Water Treatmenj System -5;-�%i Projected Monthly Volume of Leased Water Needed in Gallons: Jan. Feb. Mar. Apr. May June July Aug. Sept. Oct. Nov. Dec. Annual Total Gallons Acre Feet '4._ Maximum Instantaneous Demand gpm e —3 —9 Srig ture. Date Signat R92W R91 W L 45 1er*6t, /I �� 1 TI 1 , - r— -- 105 • 136 – r – 1 �e I 4 147 1, 48 ' ,o J - ��. 56 ,1I1PQt1L 55 50r 36 .'1351; 142, 143 38(26,27,28 3, I�� ,AoX107 ' 122 • 1411-N 0.4746417-1/-,----,S,-. 10 •I 61 145 d1 9--L,130 >r 46- i4'.4.04,1Z6_ I _--I I _/ 1 I r Nil ita't • V -r - q ►�- •C Z ,84 52 r I I ' g6o� 1 1 I :' 1-., r - �'"-- ,'--r-25-� �46-99 �!' 7i-- -- -?`ir- I (.Y.fib . I R:� T.,--13 m \ I; 131 1D 'A' ---' AREA A I I I � 15600 �• � --- IIS – I - ---- i – ----r– I f 7 8 i ) I I 1 I 2s 19 I:; 1 I G\ I '.I 1 1 11 1 1 'I ° 1 U\ 1 1 I 16 :' 1 O '." I I �' 53, c`. :./, ci •. 1, �1 1 I 1 (� t �� 7 I I �:.•1 •" 1 --14 I '1 1 ' 18 1 ' -4c1 : 6'V- i .� V7 1 1 �-+-{ I j ISO �\ — I I r :I AREA A INEW CAc 1244s1- 2. 0 O 7200 :, Eos/ 7700 n' • • Contract 960531NVHI#3(a) Map ID /23/96 Date Activated WEST DIVIDE WATER CONSERVANCY DISTRICT Water Allotment Contract Name of Applicant:pj'i?xl?? Al: .4,.9..,,y;00;0:7,1,01 Quantity of water in acre feet Z90 Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of C.R.S. 1973, 37-45-101, et seq., (hereinafter referred to as the "District") for an allotment contract to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this application, and subsequent delivery and use of water, Applicant hereby agrees to the following terms and conditions: 1. Water Rights: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water, which will be supplemented 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 State Engineer. 2. Quantity: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in acre-feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow, storage or otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terms and conditions of this contract. 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 rights 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, it 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: Municipal, domestic and related uses, or irrigation and commercial (except to the extent that Ruedi water may not be available for irrigation and commercial as those terms are defined on page 5 of Contract No. 2-07-70-W0547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's control. 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of -1- 1 • • diversion for said other sources, and release or delivery of water at such outlets or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir shall be subject to the District's lease contract with the United States Bureau of Reclamation. Releases from other facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases Erom structures that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (October 1), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado State Engineer 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. The District, or anyone using the District's decrees, may call on any additional sources of supply that may be available at an alternate point of diversion, (though not at the original point of diversion) only as against water rights which are junior to the date of application for the alternate point of diversion. 5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant. The District reserves the exclusive 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 and 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 actuallytransferred 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 agreement. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under paragraph 18 below. In any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof. 6. Contract 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 this application for consideration by the District. -2- • • Annual payment for the water service described herein shall be determined by the Board of Directors of the District at a per acre-foot rate. 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, written notice thereof will be sent by the District to the Applicant at such address as may be designated by the Applicant in writing. (If no address has been so designated in writing, then said notice shall be sent to Applicant's address set forth herein. 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 ten (10) days after the date of said written notice, Applicant shall at District's sole option have no further right, title or interest under this contract without further notice and delivery may be immediately curtailed; and 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. 7. Security: As security to the District, the foregoing covenant of annual payments in advance of water delivery, will be fully met by annual budget and appropriation of funds from such sources of revenues as may be legally available to the Applicant. As additional security to the District, the Applicant will hold harmless the District and any person, corporation, quasi -governmental entity, or other governmental entity, for discontinuance in service due to the failure of the Applicant to maintain the payments herein contemplated on a current basis. Applicant agrees to defray any out-of-pocket expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8. Assignment: This agreement shall inure to the benefit of the heirs, successors or assigns of the parties hereto, except that no assignment shall be permitted in the event the water right allotted hereunder is to be used for the benefit of land which will be subdivided or otherwise held or owned in separate ownership interests by two (2) or more users of the water right allotted hereunder. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this contract, have any rights hereunder. Any assignment of the 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. 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law. 10. Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement" with the District under terms and conditions determined by the •Board of Directors of the District, if and when, the Board of said District -3- • • determines in its sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for additional annual monetary consideration for extension of District delivery services and for additional administration, operation, and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant. 11. Change of Use: The District reserves the exclusive right to review, reapprove or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this contract. 12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described in the documents submitted to the District at the time this agreement is executed (said documents are incorporated herein by this reference thereto), or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, shall be deemed to be a material breach of this agreement. 13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal fee title interest in or to any water or water 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 uses as follows (unless specific waivers are appended to this agreement). Violation of these restrictions shall be deemed to be a material breach of this agreement. Use Annual Maximum Diversion Household Domestic (includes lawn) Livestock (cattle) Irrigation 1/3 acre foot 1 - 3 acre feet 1 acre foot/100 head 2 - 3 acre feet/acre 16. Well Permit: If Applicant intends to di,'ert 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. Representations: By executing this agreement, Applicant agrees that he is not relying on any legal or engineering advice that he may believe he has received from the District. Applicant further acknowledges that he has obtained all necessary legal and engineering advice from his 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 agreement. 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. 18. Costs of Water Court Filing: 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 proceeding. -4- 19. Binding Agreement: This Agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application for Purchase of Waters from the 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. 20. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. 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 STE. APPLICANT: APP CANT: STATE OF COLORADO ss. COUNTY OF GARFIELD APPLICA ADDRESS: (.. 11" f —The forego g instrument was acknowledged be orj me o i. C,/ 3 this 1 >a day of `7!' CII f , 19967 by piorryvlN.H✓/ u7 (�lF1C/( .64, .,Ire-• l /LCri . Witness my hand! and official seal. My commission expires: ORDER After a hearing by the Board of Directors of the West Divide Water Conservancy District on the above application, it is hereby ORDERED that said application be granted and this contract shall be and is accepted by the District. FITTEST: .L -.a - cretary WEST DIVIDE WATER CONSERVANCY DISTRICT By President Date( / This contract includes and is subject to the terms and conditions of the following documents which must accompany this contract: 1. Map showing location of point of diversion (use map provided) 2. Application and Data Form fully completed and signed 3. Other -5- REPORT DATE 09/06/96 RECEIPT 77993 DIV CO 5 23 APP DATE 02/23/77 FILE NUMBER COLORADO WELL APPLICATIONS AND PERMITS PAGE 1 COLORADO DIVISION OF WATER RESOURCES STAT DATE NP DATE WELL -X -REFER TRANS ACTIV STAT CD CD NP CD AU 03/09/77 03/18/77 000000 WD BAS MD NAME 89058 39 00 00 LOESCH E. GALE ADDRESS 4951 233 RD ZIP - EXT PHONE 81650 0000 ( CASE NUM USES 8 SUBDIVISION COMMENTS NWC RECD --DATE-- / / ACRE -FT DRLR 650 NBU RECD --DATE-- / / ADDRESS2 CITY RIFLE ST CO Q10 Q40 Q160 SEC TWNSHP RANGE PM SW SW 34 5 S 92 W S PUMP INST COORDINATES N/S 800 S E/W 80 W LOT BLK FLG REPT -- WELL -- COMP REPT -- PUMP -- COMP 04/25/77 DATE / / / / DATE / / SBU RECD --DATE-- / / TOP/PERF/BOT DEPTH 41 EXPIRE DATE STATUTE / / ( } ENG USER BENEF USE AMENDED RECD -ABAND-- COMP --DATE-- --DATE-- --DATE-- --DATE 03/20/85 / / / / / / YIELD 15.00 LEVEL 13 ELEV METER LOG ABAND REQD ID ACRE IR QUAL AQUIFER (S) OWNER DESIGNEE 1.00 (1) (2) REPORT DATE 09/06/96 COLORADO WELL APPLICATIONS AND PERMITS PAGE 2 COLORADO DIVISION OF WATER RESOURCES RECEIPT APP DATE STAT DATE NP DATE 9114517 / / / / / / DIV CO FILE NUMBER WD BAS MD 5 23 98820 39 99 WELL -X -REFER TRANS ACTIV STAT 000000 NAME 00 DECKER ROGER A ADDRESS ADDRESS2 STAR RTE ZIP - EXT PHONE 81651 0000 ( CASE NUM USES DRLR 8 SUBDIVISION COMMENTS NWC RECD --DATE-- / / ACRE -FT NBU RECD --DATE-- / / TOP/PERF/BOT EXPIRE DATE STATUTE / / ( ) Q10 Q40 Q160 NE SE 33 5 S CD CD CD CITY RIO BLANCO ST CO SEC TWNSHP RANGE PM 92 W S PUMP INST COORDINATES N/S 1227-S E/W 1176 E LOT BLK FLG REPT -- WELL -- COMP REPT -- PUMP -- COMP / / DATE / / / / DATE / / SBU RECD --DATE-- / / DEPTH 65 ENG USER BENEF USE AMENDED RECD -ABAND-- COMP --DATE-- --DATE-- --DATE-- --DATE 10/11/78 / / / / / / YIELD 15.00 LEVEL ELEV METER LOG ABAND REQD 35 ID ACRE IR QUAL AQUIFER (S) OWNER DESIGNEE 1.00 (1) (2) REPORT DATE 09/06/96 COLORADO WELL APPLICATIONS AND PERMITS COLORADO DIVISION OF WATER RESOURCES RECEIPT APP DATE STAT DATE NP DATE 353816 05/28/93 / / 07/06/93 DIV CO FILE NUMBER WD BAS MD 5 23 93884 A 39 00 ADDRESS 96 4487 CO RD 233 ZIP - EXT PHONE 81650 0000 ( 303)625-2664 WELL -X -REFER 093884 NAME 00 COULTER SCOTT ADDRESS2 Q10 Q40 Q160 SW SE PAGE 1 TRANS ACTIV STAT CD WA CD NP CD CITY RIFLE SEC TWNSHP 33 5 S CASE NUM USES DRLR PUMP INST COORDINATES 8 1095 N/S 780 S E/W 1900 E SUBDIVISION ANTLERS ORCHARD ST CO RANGE PM 92 W S LOT BLK FLG 51 REPT -- WELL -- COMP REPT -- PUMP -- COMP 08/16/93 DATE 07/27/93 / / DATE / / COMMENTS 1 SF, 1 AC IRR, DOM ANIMALS, 10 AC DESCRIBED AS NE/4 OFSW/4 NWC RECD --DATE-- / NBU RECD --DATE-- / / SBU RECD --DATE-- / / ACRE -FT TOP/PERF/BOT DEPTH 185 220 220 EXPIRE DATE STATUTE ID 07/06/95 (6023) 00000 BENEF USE AMENDED --DATE-- --DATE-- / / / / YIELD LEVEL ELEV 10.00 150 ENG USER OFSE/4 JD2 NLH RECD -ABAND-- COMP --DATE-- --DATE / / / / METER LOG ABAND REQD Y ACRE IR QUAL AQUIFER (S) (1) GW (2) OWNER DESIGNEE • • REPORT DATE 09/06/96 COLORADO WELL APPLICATIONS AND PERMITS PAGE 1 COLORADO DIVISION OF WATER RESOURCES RECEIPT APP DATE STAT DATE NP DATE WELL -X -REFER TRANS ACTIV STAT 99104 10/12/78 02/01/93 11/02/78 000000 CD RC CD NP CD RC DIV CO FILE NUMBER WD BAS MD NAME 5 23 103110 39 00 00 DICE JEAN M ADDRESS ADDRESS2 CITY ST BOX 867 SILT CO ZIP - EXT PHONE 81652 0000 ( 303)876-2118 Q10 Q40 Q160 SEC TWNSHP RANGE PM NE SE 33 5 S 92 W S CASE NUM USES DRLR PUMP INST COORDINATES LOT BLK FLG H 1027 N/S 2840 N E/W 1200 E 33 1 SUBDIVISION ANTLERS ORCHARD REPT -- WELL -- COMP REPT -- PUMP -- COMP 11/05/79 DATE 05/11/79 / / DATE / / COMMENTS WELL LOC - 0437-259 ROAD -RIFLE -81650 ENG USER LMD NWC RECD NBU RECD SBU RECD BENEF USE AMENDED RECD-ABAND-- COMP --DATE-- --DATE-- --DATE-- --DATE-- --DATE-- --DATE-- --DATE / / / / / / / / / / / / / / ACRE -FT TOP/PERF/BOT DEPTH YIELD LEVEL ELEV METER LOG ABAND REQD 35 65 65 10.00 4 N EXPIRE DATE STATUTE ID ACRE IR QUAL AQUIFER (S) OWNER DESIGNEE / / ( ) (1) GW (2) REPORT DATE 09/06/96 COLORADO WELL APPLICATIONS AND PERMITS PAGE 1 COLORADO DIVISION OF WATER RESOURCES RECEIPT 106491 DIV CO 5 23 APP DATE STAT DATE NP DATE WELL -X -REFER TRANS ACTIV STAT 05/10/79 / / 06/25/79 000000 CD ZZ CD NP CD FILE NUMBER WD BAS MD NAME 107876 39 00 00 ADDRESS 23 ANVIL POINTS ZIP - EXT PHONE 81650 0000 ( CASE NUM USES 89 SUBDIVISION COMMENTS NWC RECD --DATE-- / / ACRE -FT ADDRESS2 LOWDERMILK DARRELL L CITY RIFLE ST CO Q10 Q40 Q160 SEC TWNSHP RANGE PM SE SE 33 5 S 92 W S DRLR PUMP INST 864 NBU RECD --DATE-- / / COORDINATES N/S 210 S E/W 280 E REPT -- WELL -- COMP REPT 07/17/81 DATE 06/15/81 / SBU RECD --DATE-- / / TOP/PERF/BOT DEPTH 105 125 125 EXPIRE DATE STATUTE LOT BLK FLG -- PUMP -- / DATE COMP / ENG USER BENEF USE AMENDED RECD -ABAND-- COMP --DATE-- --DATE-- --DATE-- --DATE 06/15/81 / / / / / / YIELD LEVEL ELEV METER LOG ABAND REQD 10.00 ID ACRE IR QUAL AQUIFER (S) OWNER DESIGNEE (1) (2) • • REPORT DATE 09/06/96 COLORADO WELL APPLICATIONS AND PERMITS PAGE 2 COLORADO DIVISION OF WATER RESOURCES RECEIPT APP DATE STAT DATE NP DATE WELL -X -REFER TRANS ACTIV STAT 9114535 08/16/78 03/24/82 03/30/81 000000 CD ZZ CD NP CD SA DIV CO FILE NUMBER WD BAS MD NAME 5 23 101427 39 00 00 LANGE RICHARD C ADDRESS ADDRESS2 CITY ST 0438 ROUNDTREE RD RIFLE CO ZIP - EXT PHONE Q10 Q40 Q160 SEC TWNSHP RANGE PM 81650 0000 ( ) - NE SE 33 5 S 92 W S CASE NUM USES DRLR PUMP INST COORDINATES LOT BLK FLG 8 697 697 N/S 2390 S E/W 865 E 34 1 SUBDIVISION REPT -- WELL -- COMP REPT -- PUMP -- COMP ANTLERS ORCHARD DEVELOPMENT 01/28/82 DATE 02/23/81 01/28/82 DATE 02/29/80 COMMENTS ENG USER NWC RECD NBU RECD SBU RECD BENEF USE AMENDED RECD -ABAND-- COMP --DATE-- --DATE-- --DATE-- --DATE-- --DATE-- --DATE-- --DATE / / / / / / 11/19/79 / / / / / / ACRE -FT TOP/PERF/BOT DEPTH YIELD LEVEL ELEV METER LOG ABAND REQD 2.00 60 90 90 8.00 40 N EXPIRE DATE STATUTE ID ACRE IR QUAL AQUIFER (S) OWNER DESIGNEE / / ( ) 00000 1.00 (1) GW (2) • • REPORT DATE 09/06/96 COLORADO WELL APPLICATIONS AND PERMITS PAGE 1 COLORADO DIVISION OF WATER RESOURCES RECEIPT APP DATE STAT DATE NP DATE WELL -X -REFER TRANS ACTIV STAT 322065 02/04/91 12/20/93 07/19/91 017123MH CD SA CD NP CD SA DIV CO FILE NUMBER WD BAS MD NAME 5 23 39336 F 39 00 00 ERICKSON BILL ADDRESS ADDRESS2 CITY ST 2535 N KIMBALL CHICAGO IL ZIP - EXT PHONE Q10 Q40 Q160 SEC TWNSHP RANGE PM 60647 0000 ( ) - SW NW 34 5 S 92 W S CASE NUM USES DRLR PUMP INST COORDINATES LOT BLK FLG 8 1095 SELF N/S 2130 N E/W 1130 W G SUBDIVISION REPT -- WELL -- COMP REPT -- PUMP -- COMP ROLLING MEADOWS 04/25/91 DATE 01/22/91 06/28/93 DATE 12/31/91 COMMENTS NO PUMP TEST ENG USER MDS SMJ NWC RECD NBU RECD SBU RECD BENEF USE AMENDED RECD -ABAND-- COMP --DATE-- --DATE-- --DATE-- --DATE-- --DATE-- --DATE-- --DATE / / / / 05/06/93 01/01/92 / / / / / / ACRE -FT TOP/PERF/BOT DEPTH YIELD LEVEL ELEV METER LOG ABAND REQD 140 200 200 8.00 1 EXPIRE DATE STATUTE ID ACRE IR QUAL AQUIFER (S) OWNER DESIGNEE / / ( ) 00000 (1) TW (2) REPORT DATE 09/06/96 COLORADO WELL APPLICATIONS AND PERMITS PAGE 2 COLORADO DIVISION OF WATER RESOURCES RECEIPT 307163 DIV CO 5 23 APP DATE STAT DATE NP DATE WELL -X -REFER TRANS ACTIV STAT CD SU CD NP CD SU 11/17/89 04/09/96 12/21/89 029788F FILE NUMBER WD BAS MD NAME 36072 F ADDRESS 520 CNTY RD 259 ZIP - 81650 EXT PHONE ( ) CASE NUM USES 8 DRLR 864 SUBDIVISION ROLLING MEADOWS EXP COMMENTS NWC RECD --DATE-- / / ACRE -FT NBU RECD --DATE-- / / TOP/PERF/BOT 260 300 39 00 00 MILLER ROBERT & KAREN A ADDRESS2 CITY RIFLE ST CO Q10 Q40 Q160 SEC TWNSHP RANGE PM SW NW 34 5 S 92 W S PUMP INST COORDINATES LOT BLK FLG N/S 3300 S E/W 4700 E F REPT -- WELL -- COMP 03/16/87 DATE 01/23/87 SBU RECD --DATE-- 03/26/90 REPT -- / / PUMP -- COMP DATE / / ENG USER SMJ BENEF USE AMENDED RECD -ABAND-- COMP --DATE-- --DATE-- --DATE-- --DATE / / / / / / / / DEPTH YIELD LEVEL 300 7.00 28 EXPIRE DATE STATUTE ID / / ( ) 00000 ELEV METER LOG ABAND REQD ACRE IR QUAL AQUIFER (S) (1)GW (2) OWNER DESIGNEE REPORT DATE 09/06/96 COLORADO WELL APPLICATIONS AND PERMITS PAGE 1 COLORADO DIVISION OF WATER RESOURCES RECEIPT APP DATE STAT DATE NP DATE 9113712 WELL -X -REFER TRANS ACTIV STAT / / / / / / 000000 DIV CO FILE NUMBER 5 23 19191 WD BAS MD NAME 39 99 00 COULTER E R ADDRESS ADDRESS2 ZIP - EXT PHONE 81650 0000 ( CD CD CD CITY RIFLE ST CO Q10 Q40 Q160 SEC TWNSHP RANGE PM SW SW 34 5 S 92 W S CASE NUM USES DRLR PUMP INST 8 SUBDIVISION COMMENTS NWC RECD --DATE-- / / ACRE -FT NBU RECD --DATE-- / / N/S COORDINATES E/W LOT BLK FLG REPT -- WELL -- COMP REPT -- PUMP -- COMP / / DATE / / / / DATE / / SBU RECD --DATE-- / / TOP/PERF/BOT DEPTH 73 EXPIRE DATE STATUTE / / ( ) ENG USER BENEF USE AMENDED RECD-ABAND-- COMP --DATE-- --DATE-- --DATE-- --DATE 04/08/64 / / / / / / YIELD 5.00 LEVEL 12 ELEV METER LOG ABAND REQD ID ACRE IR QUAL AQUIFER (S) OWNER DESIGNEE (1) (2) • • REPORT DATE 09/06/96 COLORADO WELL APPLICATIONS AND PERMITS PAGE 1 COLORADO DIVISION OF WATER RESOURCES RECEIPT APP DATE STAT DATE NP DATE WELL -X -REFER TRANS ACTIV STAT 327924 07/15/91 05/07/93 11/05/91 017709MH CD SA CD NP CD SA DIV CO FILE NUMBER WD BAS MD NAME 5 23 40173 F 39 00 00 UNSWORTH DAVID R/FIELD N LYNDA ADDRESS ADDRESS2 CITY ST 5033 CNTY RD 335 #280 NEW CASTLE CO ZIP - EXT PHONE Q10 Q40 Q160 SEC TWNSHP RANGE PM 81647 0000 ( ) - NW NW 34 5 S 92 W S CASE NUM USES DRLR PUMP INST COORDINATES LOT BLK FLG 8 1095 1196 N/S 4450 S E/W 4850 E B 1 SUBDIVISION ROLLING MEADOWS COMMENTS 1200 SQ FT IRR REPT -- WELL -- COMP REPT -- PUMP -- COMP / / DATE / / 01/03/92 DATE 09/14/91 ENG USER SMJ NWC RECD NBU RECD SBU RECD BENEF USE AMENDED RECD -ABAND-- COMP --DATE-- --DATE-- --DATE-- --DATE-- --DATE-- --DATE-- --DATE / / / / 10/07/92 12/01/91 / / / / / / ACRE -FT TOP/PERF/BOT DEPTH YIELD LEVEL ELEV METER LOG ABAND REQD 160 5.00 55 EXPIRE DATE STATUTE ID ACRE IR QUAL AQUIFER (S) OWNER DESIGNEE / / ( ) 00000 (1) GW (2) Requirement H The reason we are applying to subdivide this parcel is to convert it to its best potential and best use. The land is irrigated but its crop growing capability is poor, as described in the enclosed description of the soil type. As we all know, there is a strong demand for rural residential tracts and we hope to provide a place for a few families to raise their children, horses and 4-H stock. We have been engaged in agriculture in this area for almost twenty years and we hope to use the proceeds derived from these tracts to strengthen our farming operation. • REQUIREMENT I • R F 41, • • • ti OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO Boundary I m I 1 1 ....•..•................................ Boundary 2-HC(R-F)• 2-HC(R-F) 2-HC(S-F) I rd Boundary 1 ir • ..-----...--es, • -is ) . • tile _TTTLia- fJ 441J - a/ /a L,Yrti C/1. _.,/ Z.,;:-.2_F-_,'A_Leit,.2.Lai.9.1Y4,Xor-./. -ir 2 -....• 1 _ __ a...a h.1,-1/ .411. t.4 pot low mod la ••••14..ratir•tfl44.Z.....---- ff".. A -.4444 D-11: al Mot Owe* d Mer..4.1 eatri Mato al Calor•Sa. la tlo •••••••4 part: Cat pot la L...1 pall h a* .44 r -a LL't a 11..." 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'- , • . 4 4,e_./.....Z....Z( -4. -71 - ff7a/ 9 .4...rye .e/ l-r•C. t... /4: et oe.- • • '1 .E.../7.... 3 9, ix a , Al i',..9".A, -5. 3 sir .6"4" .64. _I4,...17:sot 4 0 a ...,..,„,--,(. -., ) o -, A 4 t.t../ 0 ..7.- ., On fL../;i_e -24.C.4(,./ ../...247,9A 4- v.v.-44.V " :1.01--r-"r .4/ •-•/ 1 ..c ,,,i/Z Ic 1, ,:if.:., I ,i-i.t..6.,,A7;i:;...<4.,..,,, ..,4, ../„ , it mi_eli 1-5; / for6 . '' el ot.LL•orl oak 11P;1•1164 saja1 I R• G4/...4414.1.1-11g/tokr/i9c,.-_ To4nrIlDor *Pa all aorl do 1...ollta anwl •yrog Ilowlento Nal.noenrg or lo guy -Iwo •pfortahr•ma. bard t1.• Perwragao sa4 rovorohoot pamalotho sal mootarfors. Iwo ..4 prontoth..d rtn4 an 11,4 riglit, Wog ol.alm sod olaanaorl • laalaoacv ar of Ilka Nam --(f 4 I. lirat pork N( In low or orally, of. lo won lo an,• l. -v-'1 r.rmlin., • tat i/n an.r1 •morlona+,... T. MP. T. Ik41 t1... 8.1.1 fermi... O.,. bcry.lro.1 brocell...t with the vrartaa......., 1mi, II* .14 part AV"' r. I.-. L-.4 f• -•.Z A 4 "4 e ft cy..C...0,11., 4 ir-it •tlf.42 of t. annotel awl noir. frarrar. aolf part th. Int • 4 Y.,(1 <--e• -7t4A. , to a...4*a, et • .-() Mal al Ito limo of aaroolIng 0.1 M1.41•wy al IA.. proroh, laloll•ana, I. law, l• Ina ra.1141.1., in rraor OH 00.4 ara and Amor from an Intone. ay.I ants., tonr I -mama ..€/:(!.(tdi 4 lonlra,,e3aln” oirnlolotrainn, gyrt loofah., ....1.1yr.• t• mod ot..1, do &4 .LAC:rd ••••••11 port, V 0%, jed 0•11....11.4 .4 1)'. pr....1••• .11...• porn.' •• of po...t tom porfeol. alooloto cod 1.•1..11 strIlv.Ity In 4ov-4./.. r.-••••, •••••••• •••41 form alaromM, 4.14 4.i ••••••••romu 1./.0.-ror lhol or .....twor.,,4:7 • story lonnakoorl reamlosa, le 1.1. ray ••..I p000so.tir promoodrot of 44part "-ALM Oho op000l port -14c.f.;i..a 4 Wee,/iLi GIL 11,1.- sr," t.,/ . . _ . odplaut • prow or Torwoo Umtata aialoalog or 4...,m OA4.2.or •os port U...4 il. obIJ port J. 614 part No.il ora triM WARRANT AND MAUL= la Wits.. afltor••••t 11.• or.44 a do Ira port ng laoreonlo ar4 ormin. &alma, Ilo.ur• 101 Ih11.1,•••• 114 irrA Cram ty ha ad a. Ae dly..1 7.4 Aral laft Y - - "WA-4(.4ft,- F44 011., •••• •,/ "Tao .5 ..7.7" 7. 721e 'ef,A -) it Ax •<-4-t-a-1 I, at 4* --4..` --,.1 -:24.0 Y 1'W" 4t"..-. -iorP-awoot4-0...er,--SO--ilb-StOM- O....44 Ito I0'07timoi pooroloar torom oso Ire 4to pones woolotpoi 1.1•4 _ _ _ 16- 44..4•=4::1+441:2:4-1114.1I .•••••644-1".4"-•-tlaing:4"joar...___ _ - oormo•D.rodral,P.." fry typ.7. .vorf 74,f, ALe-z-4.1.WNW I --- My ••••••1.4.... wry*. 4 k. . Aw`o iTtie ISA he mount tht• 0� DEC 27 1!7E Reception Lo.' 276036Llla Stepheze. A000rder eoox49I PA 702 Sr.rr � ^r FiF No. 11-S DEhC1 FOIE WARRANTY DEED MARVIN D. RYDEN and ANNA HELEN RYDEN, Husband and Wife, whose address is Rifle, County of Garfield, State of Colorado, for the consideration of Twenty Eight Thousand and No/100 Dollars, in hand paid, hereby sell and convey to C. FRANKLIN RYDEN, whose address is Rifle, County of Garfield, State of Colorado, the YY following real propertyfin the County of Garfield, and State of Colorado, to -wit: Tracts 37, 38, 43, 44, 53, 54, 59 and 60 of The Antlers tte7_1.� Orchard Development Company's Plat No. 1 recorded July 23, �� 1909, otherwise described as the NE1/4SW1/4 and the SE1/4SW1/4 of Section 34, T. 5 S., R. 92 W., 6th P.M., Garfield County, EXCEPT the following described parcel: A tract or parcel of land being 150 feet East and West by 105 feet North and South and lying in the extreme SE corner of the following described real property, to -wit: Northwest Quarter of the Southwest Quarter (NWk of SA) and the Southeast Quarter of the Southwest Quarter (5E1 of SA) and the North Half of the Southwest Quarter of the Southwest Quarter (N1 of SA of SW1) and the South- east Quarter of the Southwest Quarter of the Southwest Quarter (SES of SWh of SA) in Section Thirty-four (34) Township Five (5) South, Range Ninety-two (92) West Sixth (6th) P.M., otherwise described as Tracts 39, 40, 41, 42, 53, 54, 55, 56, 58, 59 and 60 of the Antlers Orchard Development Company's Plat No. 1, recorded July 23, 1909, and more particularly described as beginning at a point being the SE corner of the above described land, thence W. along the N. boundary line of the right of way of the county road 150 feet, thence N. 105 feet, thence Easterly and parallel with -the boundary line of the county road a distance of 150 feet; thence Southerly along the E. boundary of the above described land 105 feet to the point of beginning. Together with 68 shares of the capital stock of the Farmers Irriga- tion Company, and all water, water rights, ditches and ditch rights- of-way appurtenant thereto, including but not limited to 63 acre-feet of the Silt Water Conservation District; :Expressly reserving to the Grantors, however, the entire use and possession of the following described parcel of land, and all appurtenances thereto, and all rents and profits therefrom, for and during the lives of both of them: the one-half acre of land encompassing the family home and outbuilding, plus the land providing access thereto in the SEkSWS of said Sec. 34; with all appurtenances, and warrant the title to the same subject to 1976 real property taxes and water assessments due and payable in 1977 and all subsequent years, easements, restrictions, reservations and rights-of-way existing or of record, patent and mineral reservations of the United States of America and State of Colorado. Signed this 1st day of December, 1976. Wet -44 �r V Gif GC P/i Marvin D. Ryde 1 /1 -27 Anna Helen Ryden Dusband and wife STATE OF COLORADO, ) `:... ) 88. ..9 ,,ME . S A. ) ':!!.,\C,l h 'foregoing instrument was acknowledged before me this / day ofr.Siee:ember, 1976, by Marvin D. Ryden and Anna Helen Ryden, hudbanf.an4iwife. .''r::•••.My :eogenission expires June 1, 1 77. nl U Notary Pubiic No. 12-S /9 M. DEC 27 1V6 Nous 49 1 FA ,i: 704 Reception No. .. 276038 _. ... .1"..„....4;,;,://p ) Rrcordcr. MARVIN D. RYDEN and ANNA HELEN RYDEN, husband and wife 'whose address is Rifle County of Garfield , State of Colorado , for the consideration of Twenty One Thousand Three Hundred Fifteen dollars, in hand paid, hereby sell(s) and convey(s) to DEC 27 1976 LOVENA M. MICHELSEN whose address is Rifle County of Garfield , and State of Colorado the following real property in the County of Garfield , and State of Colorado, to wit: Tracts 39, 40, 41, 42, 55, 56 and 58 of The Antlers Orchard Develop ment Company's Plat No. 1 recorded July 23, 1909, otherwise de- scribed as the U104 SW4, N1 SW4 SW4 and the SES SW4 SW;, all in Section 34, T. 5 S., R. 92 W., 6th P.M., Garfield County; Together with 32 shares of the capital stock of the Farmers Irriga- tion Company, and all water, water rights, ditches and ditch rights of -way appurtenant thereto, including but not limited to 98 acre-fe of the Silt Water Conservation District Water; with all its appurtenances, and warrant(s) the title to the same, subject to 1976 real property taxes and water assessments due and payable in 1977, and all subsequent years, easements, reservations, restrictions or rights-of-way existing or of record, patent and mineral reserva- tions of the United States of America and the State of Colorado. Signed this day of December , 19 76 6( its IItl Ry 9 JL „c=4.. ... �4 STATE OF COLORADO, 85 County of AMA' "Helen Ryden Husband and wife The foregoing instrument was acknowledged before me this '7 day of December ,19 76,by Marvin D. Ryden and Anna Helen Ryderi,.husband and wife. \ d commission expires June 1, 1977 .. -WI ply hand and official seal. C.J : , ---A Noun F�pi�r L ro3'y Rerded at UU ....e'e4)•rk /.. fl., Reeerlion N. ... Tills DrEn, Made lh 1. 15th 19 77, betwrea IOVE:A M. itlaff:115114, an unmarried person re:' 9C9 P` SEP 2 0.1311 f i� day .f : cptcsrbE r of the ..oast, of Garfield C Iorado, of the Drat part. and E. GALE ICF'SCH and CMIJL J. 10M 0188 Rad 259, Rifle, Colorado and Stater of R-RCORDRR'S RTAN? SEP 201977 t1IR 12:1111.1110 FEE .f Or Cownh of Garfield and State of Colorado, ef the second part: WITNESSETR, that Owl said part y of the first part. for and le consideration of the rem of Fifty -Oe Thousand Three Hundred Fifteen and 143/100— DOLLARS, to the said put y of the first pert le hand paid by the said parties of the second part, the receipt whereof lo herehy confessed and acknowledged, he granted, bat(•Ined, sold and conveyed, and by thou presents deeS trent, bargain, sell, convey and confirm ante the said p.rtlei of the second part, their Fein and unites forever, sw,t In t.nanry In common bat In joint tenancy, all the fallowing described lot er parcel ef land, minute. 'Tine ea helot to tbs County of Gar ield and State of Colored°. to wit: Tea=ts 39, 40, 41, 42, 55, 56 and 58 of The Tntlers Orchard D veloprent Ca:panyes Plat Ne. 1 reccrdc . ul• ?3, 1909, otherwise descr 5 as tlje tM'i Stitt, NQS SW: a -S3 the 9E4 S `-r , all n Sectico 3 T. � S .i w-, bib P.M F2?kit wI trtl ^ 2 rase a c} firs . Fa -S i ' Ot f e # y3n ger d a I w ser, wo.�S cls Es, ,e cI cp the g t ?' dery is ynclly m hit ret Itnit_ to 98 acre-feet of /Silt tater Conservation District Z�cTi � an[`e rir,eraisy�rm her orCllease of tail coalaloii�aasiand rents, r,Lrc_a1s` ole-caieti en or dnrTTtt. e subject rcr to t'e tittvOf Marvin p, gyden and Anna }{�1. ne intoo principal a-cl:rt of s11,31�.10, c'af.eC rec. �, 1976; and .neuroid UK. 27, 1976, in Pei: 491, Page 707, Garfield County records, which obligati. Grant.• . agrees to satisfy acccrdirr to the tests and tenar thereof. TOf:ETRER with all ind .inrular the hereditament. and appertenaneet thereunto belonging, er 1a •oywie. arpertainint, the r.rrraien end rever.Ione, rrm.lnder and rem.lnders, rents, 'uvea and profita thereof: and .11 W feta., right, till., frterest, claim and dem.nd whatsoever of the said p.rtf ef the first pari either In Lw or equity, nf, In and m lire above bargained premises, with the hereditament. and appurtenance.. 10 !It% F AND 7O ►fi!LD the said pnmi•es abler barcained end deerrihed, with the appurtenances, nolo the said parties of the syrerad part, their heirs end ••auras former. And the .id part y of the first part, for her rel f ryas heirs, ,,rooter., ■nd adminietr.trrn do es ell en,nl, grant. bargain and agree to and with the said parties of the second pert, their heir. end ••signs, that at the time of the entealing end delivery of these pres- ent. Sly' is .rli seised of the premises abrsr eons., ed, as of gond, sure, perfect. absolute and indefeasible estate of inheritsnre, in tae, in fee simple, and ha 5 r^rd eight, full One er and I..ful authority to trent, bol- i rain, sell and eons ry the urns in manner and form •fore•aid. and that the same •r. free and clear from all former end other ,rants. bargain• ••b.. lien.. taws, •setas mens and enrurnt.r•nrr• of whatever Mind or nature .sneer. Subje:t to 1977 real pr' erty ta•es and water assess -rents due and payable in 1978, ay all e b c--ient i"'-rs, easers ts, res"r.atiors rests ct;.ons or rights -of -.gay c�stirri cr ' r n•P3 Tor mineral reservations or tele Unit_ States o irrlc� z'c �ae•c. t-Tcracto, and the ■lo.e b.rratned premise. In the point and p•.rtable po.s.e.ioe of the b id parties of lbs ..cond part, their heirs and ...!ter, •tsin•t 109 and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party ef the first part 0.71 and will WARP -ANT AND FOREVER DEFEND. IN WITNESS'WHEREOF the said part y ef the fist part be 5 hereunto set her band .rad seal eh• day and year fent .Imre written. f� Pltn rd, Sr flied and Delivered le the Presence .f i « .7e7 �/ice bena it. 1.ichele sl,• An unmarried person STATE OF COLORADO, Cont, of 1. ARFIEID 1 - The tontolog Inctramcnt . all acknnwl.dtot Won we Ula ._C • day .f Sept ibsr 1177 ,by Inst M. t'.i chelsen, an tr nirrird persat 111 My eomeni.elen canine Cr n.-li�l fy t:x:a . 11 11, !'Witnw ••y hand and official .eat "G r Z J c,t 1 j (1.:4_ r J 1 , r . ` I Y II -. w.•.,r AM.. `eY ) . • ` t nares—t• 2.. •. y r..., ... r...... e... r.. 1.., ,. ....., ... r V....n• h.r•n a.. '%. r,.. if b. trnee, • ,/ y.ru n • e 1".11 r•, 1 a .,ser n. e•I „•a •l:�•r .r ../!were •.11NII-t .1.n. .r ..r....rr,. • 11.8 1' 1.,.1, 1'?. -1 ..•..