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HomeMy WebLinkAbout1.0 ApplicationBEFORE THE BOARD OF COUNTY COMMISSIONER OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to CRS. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984, the undersigned Alpine Mountain Club, LLC respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of 160 acre tract of land into _ 3 tracts of approximately 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: To create residential building sites on the Garfield Ranch Company property near Fourmile Park. SUBMITTAL REQUIREMENTS: An application which satisfied the review criteria must be submitted with all the following information: A. Sketch map at a minimum scale of 1"=200" showing the legal description of the property, dimension and area of all lots or separate interests to be created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities; and B. Vicinity map at a minimum scale of 1 "-2000' showing the general topographic and geographic relation ofthe 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 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 an January 1, 1973. A $300.00 fee must be submitted with the application. Alpine Mountain Club, LLC By: Petitioner P.O. Box 2435 Mailing Address Dillon, co 80435 City State 970-468-9240 Telephone Number EXEMPTION APPLICABILITY The Board of County Commissioners has the discretionary power to exempt a division of land from the definity' 3n of subdivision and thereby from the procedure in these Regulations, provided the Board determines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The Board shall make exemption decisions in accordance with the requirements of these regulations. Following a review of the individual facts of each application in light of the requirements of these Regulations, the Board may approve, conditionally approve or deny an exemption. An application for exemption must satisfy, at a minimum, all of the review criteria listed below. Compliance with the review criteria, however, does not ensure exemption. The Board also may consider additional factors listed in Section 8:60 of the Subdivision Regulations. A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973, In order to qualify for exemption, the parcel as it existed on January 1, 1973, must have been 35 acres or greater in size at that time and not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad), preventing joint use of the proposed tracts, and the division occurs along the public right-of- way, such parcels thereby created may, at the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dweIIing unit limitation otherwise applicable. For the purposes of definition, all tracts of land 35 acres or greater in size, created after January 1, 1973 will count as parcels of land created by exemption since January 1, 1973. 2. September 5, 2000 Mr. Mark Bean Garfield County 109 Eighth Street, Suite 303 Glenwood Springs. CO 81601 RE: Garfield Ranch Company Property Subdivision Exemption SW/4, Section 35, T.7S. , R.90W . , (160 acres) Dear Mr. Bean: As owner of the property referenced above, I hereby authorize Alpine Mountain Club, LLC to submit a Petition for Exemption for this property. Sincerely, GARFIELD RANCH COMPANY, A LIMITED PARTNERSHIP ire,/ a/Lb' ene R. Hilton, General Partner Mr. Mark Bean Page - 2 Water supply will he from wells, springs, surface water or by hauling water to cisterns. Wastewater treatment and disposal will he with individual sewage disposal systems. Please let me know if you have any questions or comments. Sincerely, ENARTECH, INC. Peter Belau, P.E. PB/jlw Enclosure cc: Tom Warnes Craig Nelson Tom Quinn Gene Hilton E-mail: peterbgenartech.coM P467-01 DOCS1 PJB20001467-01_LIT M Bean 090600A S. s Cr trNITE0 STATES DEPARTMF.NT OF THE INTERIOR BUREAU OF LAND MANAGEMENT COLORADO STATE OFF1CF. Afght-of-Way Grant CO -946 DI) Serial Number C-28197 Expiration Date .nIna le 'nit This right-of-way grant, which im a license for a term of 30 years entered into on July 1. 1981 . by the United States of America, the licensor. through the Bureau of Land Management, and Ranch Investment Corp., c/o Gene Hilton, P.O. Box 1274, Littleton, CO 80160, the licensee, is hereby issued .under Title V of the Federal Land Policy and Management Act of 1976 (90 Stat. 2743. 2776-2782; 43 U.S.G. 1701, 1761-1771), and is subject to all applicable Federal, State and local laws and regulations, now or hereafter in force, including Title 43, Code of Federal Regulations, Part 2800. Thx terms used in this right-of-way grant are defined at 43 CFR 2800.0-5 (45 Fed_ral Register 44527, July 1, 1980). Sec. 1. RIGHTS UNDER THIS RICHT-OF-WAY GRANT — This right-of-way grant confers upon the holder a non-exclusive right to construct, operate and maintain, in accordance with the terms, conditions and stipulations of th's document and applicable regulations, an access road on the following- described public lands situated In the State of Colorado (this description is limited to aliquot parts in which the right-of-way is to be located): T. 7 S. R. 90 W., 6th P.M. Sec. 35: 5E+ a. This right-of-way grant is subject to all valid rights existing on the date issued. b. The United States retains all rights in the public lands subject to this right-of-way not expressly granted in this document, including. but not limited to, the right to require common use of the right -of -Way and to authorize compatible uses of the right-of-way, including the subsurface as.d air space; and a continuing right of access onto the public lands covered by the right-of-way grant and, upon reasonable notice to the holder, access and entry to any facility constructed on the right-of-way. c. The United States retains the right to review this right-of-way grant at the end of the twentieth year of its term and revise or modify its terms at that time. d. This right-of-way grant shall terminate on June 30, 2011 unless prior to that time it is relinquished, abandoned or otherwise terminated pursuant to the provisions of this grant or of any applicable Federal law or regulation. This right-of-way grant is renewable at the end of its term if an application for renewal is properly and timely filed by the holder and the facility is 'being operated and maintained in accordance with all provisions of this grant, and applicable laws and regulations. At the time of renewal, the authorized officer may modify the terms, conditions and stipulations o` this grant. Set. 2. TERMS AND CONDITIONS -- In consideration of the foregoing, holder hereby agrees: the a. To construct, operate and maintain on public lands only those facilities represented at the location(s) shown on the official approved right-of-way map, consisting of 2 sheets, filed with the Bureau of Land Management on May 22, 1979 and designated by the holder as Plat of existing Road R.O.W_ through public lands to patented land. The total width of the right-of-way granted by this document is 60 feet. and length is 765 feet. b. To comply with applicable Stat_ standards for public. health and and maintenance, if these State standards arc more stringent than Federal stand:srda for similar projects. 7-00 08:11A c. That all activities authorized by this right-of-way grant may be suspended prior to an administrative proceeding, upon a determination by the authorized officer that such suspension is necessary to protect the raty 7=...t .,,.___nae-_, ,..at.__af temporary suspension of activities shall remain effective until the authorized officer issues an order permitting resumption of activities. d. That the authorized officer may suspend or terminate this right- of-way grant if he determines that the holder is unwilling, unable or has failed to comply with the applicable laws or regulations, or any term, condition or stipulation of this document or has abandoned the Fight -of -way. Failure of the holder to use the right-of-way for the purpose, authorized for any continuous five-year period shall constitute a presumption of abandonment. e. To provide the authorized officer with a statement, commencing on the fifth year from the date of this right-of-way grant and every five yearn thereafter, that the holder is using the right -of -hay for the purposes authorised herein in accordance with the terms of this grant. t. To remove all structures and improvements within a reasonable time after termination,. revocation or cancellation or this right-of-way grant, unless directed otherwise in writing by the authorized officer, and to restore the site to a Condition satisfactory to the authorized officer. If the holder fails to remove all such structures or improvements within a reasonable period, as determined by the authorized officer, they shall become the property of the United Stares, but the holder *hall remain liable for the cost of removal of the structures and improvements and for restoration of the site. g. That this right-of-way grant cannot be conveyed, assigned or otherwise transferred, in whole or in part, without prior written approval by the authorized officer. Any iranefer will be subject to existing regulations and such other terms, conditions and stipulations deemed necessary at the time of approval of the transfer. h. To notify the authorized officer of any change in the holder's status, such as changes in legal mailing address, financial condition. business or corporate status. and alien ownership. i. That this right-of-way grant does not authorize the holder to _take from the public lands any mineral or vegetative material. including timber, without securing prior authorization under the Materials ACC (30 U.S.C. 601 et seq.; 43 CFR 3610) and paying in advance the fair market value of the material so removed. However, common varieties of stone and soil that are necessarily removed in the construction of this project may be used elsewhere or public Lands in the same project without additional authorization and payment. In the performance of normal maintenance. the holder shall be allowed to do minor trimming, pruning and clearing of vegetative material within the right-of-way and around constructed facilities without additional authorisation and payments. j. To pay the fair market value for the right-of-way upon a determination thereof by the Bureau of Land Management. The bolder has submitted a deposit lo the amount of $25.01 which amount is merely to insure payment of rent and is not to be construed as having any relationship whatsoever to the fair market value of the right-of-way. Upon a determination of the fair market value, the holder will be notified of the required amount and method of payment and will have the right of appeal. Failure to submit any required payment within thirty days after notice of default may result in termination of thia grant. The Bureau of Land Management. after the initial determination of fair market value for the right-of- way. reserves the right to review the fair market value determination whenever necessary and to adjust it in accordance with regulations and procedures in effect nt the time of review, if necessary, to insure the payment to the United States of full fair market value of the right-of- way. I[ is mutually agreed that any determination or adjustment of the fair market rental value will constitute an amendment of this grant. k. To pay the United States the full value for all damages to the lands or other property of the United Stntes caused by the holder or by his employees, contractors. or employees of the contractors. ll 1.1411. v EIRE PROTECTION PLAN GARFIELD RANCH COMPANY SUBDIVISION EXEMPTION SW/4, SECTION 35, T.7.S., R.90W., 6TH P.M. (160 acres) 8/28/2000 Water Supply Water supplies for fire fighting shall consist of a minimum 3000 gallon storage tank from which the fire department can take suction or receive water under positive pressure. This storage tank shall be separate from domestic water supply. Outlets for these tanks shall be a standard 4 '/Z -inch hydrant connection. A 4 1/2 -inch to 2 1/2 -inch connection shall also be provided. Venting and piping shall be arranged so that a minimum flow of 500 gpm shall be maintained. Outlets from these tanks shall be in a location approved by the fire department. The location shall be no more than 150 feet from the building envelope or fire sprinkler connection if the residence is so equipped. Automatic Fire Sprinklers Each residential structure shall have an automatic fire sprinkler system conforming to NFPA 13D. Normally these systems have a duration requirement of ten minutes. Because of the remote location of these residences, the sprinkler system shall be connected to the tank providing water for fire protection. 3. Road and Access Requirements Road and access requirements shall be in conformance with Article 9 of the UFC and requirements contained within the Glenwood Springs Emergency Services development guidelines. Knox boxes shall be provided at any gates that might block access. Maximum road grade shall be 10%. Any variance from these requirements shah be reviewed and approved by Emergency Services. Fire Alarm Systems The fire department will respond to activation of automatic fire alarms only when- A. A flow switch on the fire sprinkler system is activated. B. A RP for the residence or a runner for the fire alarm company has confirmed an emergency. 5. Wild Fire Protection Chapter 8 of NFPA 299 shall be used as a guide for structural location„ design and construction. A site analysis by the Colorado State Forest Service shall be requested. 6. Agreements and Maintenance The property owner shall agree to provide their systems for the benefit of others when needed by the fire department. The property owner shall provide yearly inspection reports that the required systems and wild land mitigation requirements are maintained as required. GARFIELD RANCH COMPANY PROPERTY SUBDIVISION EXEMPTION PROPERTY OWNERS WITHIN 200 FEET Brian Hopkins Bureau of Land Management P.O. Box 1009 Glenwood Springs, CO 81602-1009 (Mineral Rights Owner) U.S. Forest Service 901 Grand Avenue Glenwood Springs, CO 81601 Gene and Mary Jo Hilton 2102 West Arapahoe Drive Littleton, CO 80120 Sunlight Development Company 2102 West Arapahoe Drive Littleton, CO 80120 ENAHTECH Inc. Canso!ting Engineers and Hycdrotogists September 12, 2000 Mr. Mark Bean Garfield County 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 AI&V RECEIVED SEP 1 2 2000 lig RE: Garfield Ranch Company Property Subdivision Exemption Dear Mark: Please find enclosed two copies of the following informmation for a Subdivision Exemption Application for the Garfield Ranch Company Property: • Petition for Exemption • $300 Check for Review Fees • Sketch Plan Map of the Proposed Subdivision Exemption • Vicinity Map • Letter from the Property Owner Authorizing the Applicant to Submit a Petition for Exemption • Names and Addresses of Land Owners within 200 feet, Mineral Owners and Lessees • Soil Types and Characteristics from the U.S. Soil Conservation Service "Soil Survey of Rifle Area, Colorado" • Well Permit Application • West Divide Water Conservancy District Water Allotment Contract/Lease • Letter and Deeds from the Property Owner indicating that the Parcel Exists Today as it Existed on January 1, 1973 • Fire Protection Plan and Approval Letter from the Glenwood Springs Fire Department • BLM Access Road Right -of -Way Grant The Garfield Ranch Company property is approximately 160 acres located north of Fourmile Park above Sunlight Ski Area. This subdivision exemption is being requested to create 3 lots that are approximately 4 acres in size for future sale as residential building sites. Access to the property is from Fourmile Road, then from an existing public road through U.S. Forest Service and BLM property, then from an existing private road as shown on the enclosed Sketch Plan. Access easements will be provided for access roads and driveways as needed. Any necessary utility easements will also be provided. The homeowners will participate in an agreement or association to maintain the private access road. 302 Eighth Street, Suite 325 P 0. Drawer 160 Glenwood Springs, CO 81602 {9707 945-2236 Fax (970) 945-2977 www.enariech.com United StateF. Department c' Agriculture Soil Conservation Service In Cooperation with the Colorado Agricultural Experiment Station Soil Survey of Rifle Area, Colorado Parts of Garfield and Mesa Counties U.S. SOIL CONSERVATION SERVICE "SOIL SURVEY OF RIFLE AREA, CO" szt 16 SOIL SURV clay loam and silty clay about 29 inches thick. The sub- stratum is dark gray silty clay to a depth of 60 inches. Included with this soil in mapping are small areas of Cochetopa and Jerry soils on small hilly undulations within the drainageways. Scopes are more than 12 per- cent. These areas make up 5 to 10 percent of the map unit. Permeability is slow, and available water capacity is high. Effective rooting depth is about 60 inches or more. Primary roots that reach below a depth of 16 inches follow cracks in the soil. Surface runoff is medium, and the erosion hazard is moderate. This soil is used mainly for limited grazing and wildlife habitat. The native vegetation on this soil is mainly Idaho fescue, bromes, wheatgrasses, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Reducing brush improves the range. Properly managing grazing maintains and improves range condition. Seeding im- proves range in poor condition. Preparing a seedbed and drilling the seed are good practices. Mountain or smooth brome, intermediate wheatgrass, and pubescent wheat - grass are suitable for seeding. Elk, deer, back bear, and grouse find habitat on this soil. Use of this soil for community development, for sani- tary facilities, and as a source of construction material is limited by the high clay content, which causes a high shrink -swell potential, slow permeability, and low strength. Special designs for foundations and septic tank absorption fields overcome these problems. This soil is in capability subclass Vie, nonirrigated. 17—Cochetopa loam, 9 to 50 percent slopes. This deep, well drained, rolling to steep soil is on mountain- sides and alluvial fans. Elevation ranges from 7,000 to 9,500 feet. This soil formed in basaltic alluvium. The average annual precipitation is about 20 inches, the average annual air temperature is about 38 degrees F, and the average frost -free period is less than 75 days. Typically, the surface layer is dark grayish brown loam about 21 inches thick. In some areas an organic layer as much as 4 inches thick is on the surface. The subsoil is brown stony clay loam and stony clay about 24 inches thick. The substratum is pinkish gray stony clay to a depth of 60 inches. Included with this soil in mapping are small areas of Jerry and Lamphier soils. The Jerry soils are stony on the surface and make up 13 to 15 percent of the unit. The Lamphier soil is stone -free and has a cover of aspen. Permeability is slow, and available water capacity is high. Effective rooting depth is 60 inches or more. Sur- face runoff is slow, and the erosion hazard is severe. This soil is used mainly for limited grazing and wildi habitat. The native vegetation on this soil is mainly Gamt oak, bromes, and elk sedge. When the range condition deteriorates, forbs a shrubs increase. When the range is in poor condi& Kentucky bluegrass, undesirable weeds, and ann plants are numerous. Properly managing grazing ma tains and improves range condition. Eik, mule deer, blue grouse, and snowshoe hare f habitat on this soil. Community development is limited by the shrink-sv potential caused by high clay content, low strength, a steep slopes. Building foundations, roads, and sanit. facilities can be designed to overcome these limitatio Keeping cuts to a minimum and placing them careh help to lessen soil slumping. Drainage and structures control runoff from snowmelt help to avoid deep satu, tion of the soil around construction sites and roar This soil is in capability subclass Vile, nonirrigatE 18—Cochetopa-Jerry complex, 12 to 25 percc slopes. These moderately steep to hilly soils are mountainsides. Elevation ranges from 7,000 to 9,5 feet. The soils formed in alluvium derived from sar stone, shale, ani basalt. The average annual precipi tion is about 20 inches, the average annual air temper ture is about 40 degrees F, and the frost -free period less than 75 days. The Cochetopa soil makes up about 50 percent of 1 map unit, and the Jerry soil makes up about 40 perce The Cochetopa soil is deep and well drained. Typic ly, the surface layer is dark grayish brown loam about . inches thick. The subsoil is brown stony clay and al loam about 24 inches thick. The substratum is pink gray stony clay to a depth of 60 inches. Permeability of the Cochetopa soil is slow, and avaii ble water capacity is high. Effective rooting depth is k inches or more. Surface runoff is slow, and the erosic hazard is moderate. The Jerry soil is deep and well drained. Typically, tt surface layer is dark grayish brown stony loam about inches thick. The subsoil is yellowish brown and fir brown cobbly clay loam about 37 inches thick. The su stratum is light brawn cobbly clay to a depth of E inches. Permeability of the Jerry soil is slow, and availab water capacity is high. Effective rooting depth is E inches or more. Surface runoff is slow, and the erosic hazard is moderate. included with these soils in mapping are small areas Lamphier, Buckton, and Inchau soils that have slopes more than 25 percent. These areas make up about 1 percent of the map unit. This complex is used mainly for grazing and wildlife habitat. RIFLE AREA, COLORADO 17 The native vegetation on these soils is mainly Gambel oak, elk sedge, and bromes. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, Kentucky bluegrass, undesirable weeds, and annual plants are nu- merous. Properly managing grazing maintains and im- proves range condition. Seeding improves some less sloping areas of range in poor condition. Preparing a seedbed and drilling the seed are good practices. Moun- tain or smooth brume, orchardgrass, and intermediate wheatgrass are suitable for seeding. Elk, deer, black bear, and grouse find habitat on these soils. Community development is limited by the high clay content, low strength, and steep slopes. Building founda- tions, roads, and sanitary facilities can be designed to overcome these limitations. Drainage and structures to control runoff from snowmelt are needed to avoid deep saturation of the soil around construction sites and roads. This complex is in capability subclass Vle, nonirrigated. 19—Cochetopa-Jerry complex, 25 to 50 percent slopes. These moderately steep soils are on mountain- sides. Elevation ranges from 7,000 to 9,500 feet. The soils formed in alluvium derived from sandstone, shale, and basalt. The average annual precipitation is about 20 inches, the average annual air temperature is about 40 degrees F, and the frost -free period is less than 75 days. The Cochetopa soil makes up about 50 percent of the map unit, and the Jerry soil makes up about 40 percent. The Cochetopa soil is deep and well drained. Typical- ly, the surface layer is dark grayish brown loam about 21 inches thick. The subsoil is brown stony clay and stony clay loam about 24 inches thick. The substratum is pink- ish gray stony clay to a depth of 60 inches. Permeability of the Cochetopa soil is slow, and availa- ble water capacity is high. Effective rooting depth is 60 inches or more. Surface runoff is slow, and the erosion hazard is moderate. The Jerry soil is deep and well drained. Typically, the surface layer is dark grayish brown stony loam about 3 inches thick. The subsoil is yellowish brown and light brown cobbly clay loam about 37 inches thick. The sub- stratum is light brown cobbly day to a depth of 60 inches. Permeability of the Jerry soil is slow, and available water capacity is high. Effective rooting depth is 60 inches or more. Surface runoff is slow, and the erosion hazard is moderate. Included with this soil in mapping are small areas of Lamphier, Buckton, and Inchau soils that have slopes of 25 to 65 percent. These areas make up about 5 to 10 percent of the map unit. These soils are used mainly for grazing and wildlife habitat. The native vegetation an these soils is mainly Gambel oak, elk sedge, and brumes. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, Kentucky bluegrass, undesirable weeds, and annual plants are nu- merous. Properly managing grazing maintains and im- proves range condition. Elk, deer, black bear, and grouse find habitat on these soils. Community development is limited by slope, high clay content, and low strength. Building foundations, roads, and sanitary facilities can be designed to overcome these limitations. Drainage and structures to control runoff from snowmelt help to avoid deep saturation of the soil around construction sites and roads. This complex is in capability subclass Vile, nonirrigat- ed. 20—Cryaguolls, nearly level. This broadly defined unit consists of poorly drained soils in swales and on bottom land of valleys. Elevation ranges from 7,000 to 9,500 feet. The average annual precipitation is about 18 inches, the average annual air temperature is about 39 degrees F, and the average frost -free period is less than 75 days. These soils range from sandy loam to clay throughout and are commonly stratified. The surface layer is black to very dark brown. In places an organic mat i5 on the surface. Sand and gravel is at a depth of 2 to 4 feet in some places. Permeability is moderate. Surface runoff is slow, and the erosion hazard is slight. The water table is at a depth of 10 to 24 inches at some time during the growing season. These soils are subject to annual flooding. Included in mapping are small areas of peat and marsh. These soils are used mainly for wildlife habitat. Some areas are used for irrigated hay and pasture. The cold climate and short growing season limit pro- duction of introduced grasses. Irrigation water should be managed to prevent ponding. Subsurface drainage and fertilizer are needed to maintain production of hay. Slen- der wheatgrass, smooth brome, and creeping meadow foxtail are suitable for seeding. The native vegetation includes tufted hairgrass, slen- der wheatgrass, sedges, rushes, reedgrass, willows, shrubby cinquefoil, and numerous forbs. The total annual production of air-dry forage averages 2,500 pounds per acre. Nitrogen and phosphorus fertiliz- er is needed late in spring to replace nutrients lost during spring snowmelt. These soils are typically wet and produce abundant wetland vegetation. Mallard, teal, shorebirds, beaver, mink, and muskrat find habitat on these soils. Shallow water developments increase the use of the areas by wetland wildlife. To manage these soils for wetland wild- life, grazing by livestock should be controlled and fences RIFLE AREA, COLORADO 23—tetra fine sandy loam, 12 to 25 percent slopes. This deep, well drained, strongly sloping to mod- erately steep soil is on mountainsides. Elevation ranges from 6,500 to 8,000 feet. This soil formed in residuum from red -bed shale and sandstone. The average annual precipitation is about 16 inches, the average annual air temperature is about 44 degrees F, and the frost -free period is about 85 days. Typically, the surface layer is brown fine sandy loam about 12 inches thick. The subsoil is reddish brown sandy clay loam about 21 inches thick. The substratum rs yellowish red sandy clay loam. Weathered red sand- stone and shale is at a depth of 57 inches. Included with this soil in mapping are small areas of Morval, Ansari, and Arle soils on the steeper parts of the landscape. They make up about 5 to 15 percent of the map unit. Permeability is moderate, and available water capacity is moderate. Effective rooting depth is 40 to 60 inches. Surface runoff is slow, and the erosion hazard is slight. This soil is used mainly for grazing and wildlife habitat. The native vegetation on this soil is mainly needle - grasses, fescues, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion. Reck cing brush improves the rangy;. Seeding im- proves range in poor condition if slope is not so steep that drilling is impossible. Preparing a seedbed and drill- ing the seed are good practices. Mountain or smooth brome, intermediate wheatgrass, and pubescent wheat - grass are suitable for seeding. Elk, deer, and grouse find habitat on this soil. Use of this soil for community development, for sani- tary facilities, and as a source of construction material is limited by slope, low strength, and depth to bedrock. Special design and engineering practices overcome many of these limitations. This soil is in capability subclass Vle, nonirrigated. 24—Dollard-Rock outcrop, shale, complex, 25 to 65 percent slopes. This complex consists of moderately steep to steep Dollard soil and shale outcrop on hills and mountainsides. Elevation ranges from 6,000 to 7,500 feet. The soil formed in shale residuum. The average annual precipitation is about 17 inches, the average annual air temperature is about 43 degrees F, and the average frost -free period is about 95 days. The Dollard soil makes up about 60 percent of the map unit, shale outcrops make up about 20 percent, and soils of minor extent make up 20 percent. The Dollard soil is on the less steep parts of the landscape, and the shale outcrops are throughout the mapped areas. The Dollard soil is moderately deep and well drained. Typically, the surface layer is light brownish gray clay about 5 inches thick. The substratum is fight gray clay 19 and shaly clay. Weathered shale bedrock is at a depth of 25 inches. Permeability of the Dollard soil is slow, and available water capacity is moderate. Effective rooting depth is about 20 to 40 inches. Surface runoff is rapid, and the erosion hazard is severe. The Rock outcrop is soft, weathered shale. Permeability of Rock outcrop is very slow. Rooting depth is very shallow. Surface runoff is rapid, and the erosion hazard is very severe. Included with this complex in mapping are small areas of Tanna soils in depressions. This complex is used for limited grazing and wildlife habitat. The native vegetation on this soil is mainly wheatgrass and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion. Reducing brush is not practical because of steep slopes and because of the erosion hazard if plant cover is removed. Mule deer, cottontail rabbit, and squirrel find habitat on this soil. Community development is limited by steep slopes, depth to rock, high shrink -swell potential, and low strength. The soil slumps easily in deep cuts. This complex is in capability subclass Vlle, nonirrigat- ed. 25—Etoe loam, f5 to 50 percent slopes. This deep, well drained, sloping to steep soil is an mountainsides. Elevation ranges from 8,000 to 10,500 feel. This soil formed in outwash derived from basalt and sandstone. The average annual precipitation is about 20 inches, the average annual air temperature is about 38 degrees F, and the frost -free period is less than 75 days. Typically, the surface layer is pinkish gray loam about 8 inches thick. The subsurface layer is light brownish gray loam about 7 inches thick. The next layer is about 20 inches thick. It is mixed light brownish gray extremely cobbly sandy loam and brown extremely cobbly sandy loam and extremely cobbly sandy clay loam. Included with this soil in mapping are small areas of Cochetopa and Jerry soils in open brush. These areas make up 10 to 15 percent of the map unit. Permeability is moderate, and available water capacity is low. Effective rooting depth is greater than 60 inches. Surface runoff is medium, and the erosion hazard is slight. This soil is used for timber, limited grazing, and wildlife habitat. The understary is sparse. It consists of elk sedge, some grasses, boxleaf myrtle, and low growing woody plants. 20 SOIL SURVEr This soil is suited to production of Engelmann spruce and Douglas -fir. This soil can produce 3,850 cubic feet of wood per acre every 10 years from a fully stocked, even -aged stand of 100 -year-old trees. Steep slopes affect timber harvest, and special care is needed to prevent erosion. Elk, deer, black bear, and grouse find habitat on this soil. Slope and large stones limit community development. Special design overcomes these limitations. This soil is in capability subclass Vile, nonirrigated. 26—Farlow-Rock outcrop association, steep. This broadly defined map unit consists of moderately steep to steep Farlow soils and Rock outcrop on mountainsides. Elevation ranges from 8,000 to 10,500 feet. The Farlow soil formed in residuum from limestone. The average annual precipitation is about 19 inches, the average annual air temperature is about 38 degrees F, and the frost -free period is less than 75 days. The Farlow soil makes up about 65 percent of the association, and Rock outcrop makes up about 25 per- cent. The Farlow soil is deep and well drained. Typically, the surface layer is dark grayish brown channery loam about 10 inches thick. The substratum is light gray and pale brown very channery loam and extremely flaggy loam about 32 inches thick. Weathered limestone is at a depth of 42 inches. Permeability of the Fariow soil is moderate, and availa- ble water capacity is :ow. Effective rooting depth is about 40 to 60 inches. Surrace runoff is rapid, and the erosion hazard is moderate. The Rock outcrop is limestone. Included in mapping are small areas of Dateman soils, generally in depressions. These areas make up 5 to 15 percent of the map unit. This association is used mainly for limited grazing and wildlife habitat. The native vegetation is mainly needlegrasses, wheat - grasses, and serviceberry. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion. Elk, deer, black bear, and grouse find habitat on this soil. Community development and sanitary facilities are lim- ited by slope and depth to rock. Special design is neeo'd to overcome these limitations. Thi: association is in capability subclass Vile, nonirri- gated. 27—Halaquepts, nearly level. This broadly defined unit consists of deep, somewhat poorly drained to poorly drained, nearly level and gently sloping, salt -affected soils in narrow foothill valleys, on fans, and on low ter- races. Slopes are 0 to 6 percent. These soils formed ir alluvium. The soils are extremely variable. The upper 24 inches ranges from loam to clay, and the underlying layers are generally gravelly. The soils are commonly gleyed frorr the surface down. Stratified sand, gravel, and cobbles are at a depth of 24 to 40 inches. In some areas, grave and cobbles are at or near the surface. Included with these soils in mapping are small, isolat- ed areas of Arvada, Limon, and Heldt soils that haus slopes of 1 to 6 percent. Small areas of severely alkali affected soils are identified by an alkali spot symbol These areas make up 10 to 15 percent of the map unit The water table is at or near the surface at times mainly during spring and summer. The level of the wate. table is strongly influenced by the seasonal water level ir nearby streams and rivers and higher lying irrigatior ditches. Water seeps from the ditches into these soils These soils are subject to rare or occasional flooding. This unit is used mainly for grazing. Some hay is grown in areas drained by ditches. Yields are low because of saline condition. Alkali-toleran- grasses and legumes must be grown for productive ha} and pasture. The native vegetation consists of willows, tamarisk. cottonwoods, and alkali- and water -tolerant grasses. Game birds, rabbits deer, and other wildlife find habi- tat on these soils. Ducks and geese nest in the more swampy areas. Mourning doves nest in the cottonwoods and tamarisk. Rabbits and deer find adequate food anc cover on these soils. Where the soil has been drainer and is suitable for hay and pasture, planting food plots. trees and shrubs, and nesting cover enhances habitat for upland wildlife. Where the water table is high, open water for waterfowl can be developed by blasting or excavating. Community development is limited by flooding ano depth to water table. Onsite investigation is necessary for appropriate design and construction to overcome these limitations. These soils are in capability subclass Vlw, nonirrigat- ed. 28—Heldt clay loam, 1 to 3 percent slopes. This deep, well drained, nearly level soil is on alluvial fans and sides of valleys. Elevation ranges from 5,000 to 6,000 feet. This soil formed in fine textured alluvium derived from shale and sandstone. The average annual precipitation is about 14 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 grayish brown clay loam about 8 inches thick. The subsoil is light brownish gray clay loam about 13 inches thick. The substratum is light gray clay to a depth of 60 inches. 104 TABLE 7. --BUILDING SITE DEV OPME'BT--Continued SOIL SURVEY Soil name and map symbol Shallow excavations Dwellings without basements 12*: ; Inchau-------- -.-.-;Severe: :Severe: I slope. : slope. 13- ;Slight ;Slight Chilton : I I I I 14 ----------------:Moderate: :Moderate: Chilton I slope. : slope. 15 Chilton 16 Cimarron 17 :Severe: slope. -:Moderate: too clayey. Cochetopa 18*, 19*: Cochetopa Jerry 20*. Cryaquolls 21*: Cushman Lazear 22 Dateman 23 Detra 24*: Dollard Rock outcrop. 25 £toe 2b*: Furlow Severe: slope. Severe: slope. ;Severe: I slope. ;Severe: I slope, I cutbanks cave. :Severe: I depth to rock, : slope. :Severe: I slope, depth to rock. ;Severe: : slope. ;Severe: I slope. :Severe: i slope, large stones. ;Severe: : slope. See footnote at end of table. Severe: slope. :Severe: shrink -swell, I low strength. iSevere:. I shrink -swell, I slope, : low strength. ;Severe: shrink -swell, : slope, 1 low strength. Severe: slope, shrink-sw,:11, low strength. Severe: slope. Severe: slope, : depth to rock. :Severe: : slope. ;Severe: I slope. ;Severe: I slope, : shrink -swell, ; low strength. ;Severe: I slope, : large stones. ;Severe: : slope. Dwellings with basements :Severe: I slope. :Slight :Moderate: : slope. I :Severe: : slope. :Severe: I shrink -swell, low strength. Severe: shrink -swell, slope, I low strength. : :Severe: : shrink -swell, I slope, low strength. ;Severe: I slope, : shrink -swell, I low strength. ;Severe: slope. :Severe: depth to rock, I slope. :Severe: : slope, : depth to rock. :Severe: I slope. r (Severe: ; slope, shrink -swell, depth to rock. Severe: I slope, I large stones. :Severe: I slope. Small commercial buildings :Severe: I slope. :Moderate: I slope. :Severe: I slope. { :Severe: I slope. :Severe: I shrink -swell, : low strength. :Severe: shrink -swell, slope, low strength. :Severe: : shrink -swell, 1 slope, i low strength. :Severe: ; slope, : shrink -swell, I low strength. ;Severe: : slope. :Severe: I slope, : depth to rock. :Severe: : slope. :Severe: ; slope. Severe: slope, I shrink -swell, low strength. :Severe: : slope, : large stones. :Severe: I slope. Local roads and streets :Severe: : slope. Slight. :Moderate: : slope. ;Severe: : slope. i :Severe: : shrink -swell, low strength. ;Severe: ; shrink -swell, I slope, I low strength. { ;Severe: I shrink -swell, I slope, I low strength. ;Severe: : slope, I shrink -swell, low strength. :Severe: I slope. ;Severe: depth to rock, I slope. :Severe: I slope. :Severe: I slope. ; :Severe: slope, I shrink -swell, : low strength. Severe: slope, large stones. Severe: slope. RIFLE AREA, COLORADO TABLE 8. --SANITARY FACILITIES --Continued r Soil name and 'r map symbol 12*: Inchau 13 Chilton 14 Chilton 15 Chilton 16 Cimarron 17 Cochetopa 18*: Cochetopa .ferry 19*: Cochetopa Jerry Septic tank absorption fields :Severe: ' slope, I depth to rock. }Slight 201. Cryaquolls 21*: Cushman Lazear- 22 Dateman 23 :Moderate: : slope. :Severe: ; slope. :Severe: : peres slowly. :Severe: percs slowly, I slope. :Severe: I percs slowly, slope. ;Severe: 1 slope, : percs slowly. :Severe: ; percs slowly, I slope. :Severe: : slope, : percs slowly. :Severe: ; depth to rock, I slope. ;Severe: 1 depth to rock, I slope. ;Severe: ' slope, depth to rock. Detre 24*: Dollard Severe: slope. :Severe: I slope, 1 percs slowly, ' depth to rock See footnote at end of table. 109 Sewage lagoon : Trench areas ; sanitary landfill : :Severe: 1 slope, 1 depth to rock. r :Severe: 1 seepage. :Severe: : seepage. Severe: slope, depth to rock. Severe: 1 seepage. Severe: seepage, slope. Severe: seepage, slope. Severe: slope. :Severe: 1 slope. i 'Severe: I slope. *Severe: , slope. 1 ;Severe: I slope. : :Severe: ; slope. 'Severe: 1 depth to rock, ' slope. :Severe: 1 depth to rock, : slope. : :Severe: ; slope, : depth to rock. ;Severe: slope. :Severe: ; depth to rock, : slope. "Severe: 1 seepage. ;Severe: ; too clayey. 'Severe: 1 too clayey, I slope. 1 'Severe: ' too clayey. Severe: too clayey. :Severe: ; too clayey, ; slope. :Severe: 1 slope, I too clayey. 1 Severe: depth to rock, slope. Severe: depth to rock, ' slope. : : :Severe: : slope, ; depth to rock. :Severe: : depth to rock. :Severe: slope, ; too clayey, depth to rock. Area sanitary landfill { ;Severe: I slope. :Severe: 1 seepage. ;Severe: ' seepage. ;Severe: : slope, : seepage. :Slight :Severe: : slope. 1 :Severe: : slope. :Severe: 1 slope. :Severe: I slope. ;Severe: : slope. :Severe: ; slope. 8 :Severe: 1 slope. :Severe: : slope. 1Severe: : slope. ,Severe: I slope. Daily cover for landfill :Poor: 1 slope, : thin layer, 1 area reclaim. :Poor: 1 small stones. 'Poor: 1 small stones. :Poor: : small stones, : slope. :Poor: ; too clayey. ,Poor: : slope, ; too clayey. :Poor: : slope, ; too clayey. !Poor: 1 slops, 1 too clayey. :Poor: 1 slope, I too clayey. Poor: slope, too clayey. , ;Poor: ' slope, thin layer. Poor: slope, thin layer, area reclaim. Poor: 1 slope, : small stones, I area reclaim. :Poor: I slope. :Poor: : slope, : too clayey, : thin layer. 110 SOIL SURVEY TABLE 8. --SANITARY FACILITIES --Continued Soil name and map symbol 24': Rock outcrop. 25 Etoe 26': Farlow Rock outcrop, 27'. Halaquepts Septic tank absorption fields :Severe: slope, large stones. :Severe: slope, depth to rock. { 28, 29 :Severe: Heldt : peres slowly. 30 - Severe: Heldt : peres slowly. 31 :Severe: Heldt : slope, percs slowly. 32 - :Severe: Holderness Variant : slope, : peres slowly. : 33 :Severe: Ildefonso : slope, : large stones. 34 :Severe: Ildefonso : slope, : large stones. : 35': Ildefonso :Severe: : slope, : large stones. : Lazear :Severe: : depth to rock, : slope. 36, 37- :Severe: Irigul 1 slope, : depth to rock. 38': Irigul Starman :Severe: slope, I depth to rock. :Severe: slope, depth to rock. See footnote at end of table. Sewage lagoon areas ;Severe: slope, : large stones. :Severe: slope, depth to rock. Moderate: : slope. :Severe: : slope. Severe: slope. Severe: scope. Severe: slope, seepage. Severe: slope, seepage. Severe: slope, seepage. Severe: depth to rock, slope. Severe: slope, depth to rock. :Severe: slope, depth to rock. Severe: slope, depth to rock, small stones. Trench sanitary landfill Severe: slope, : large stones. :Severe: : slope, : depth to rock. :Severe: : too clayey. :Severe: too clayey. :Severe: : too clayey. :Severe: I too clayey. :Severe: : large stones, I seepage. :Severe: slope, large stones, seepage. :Severe: slope, : large stones, seepage. :Severe: : slope, : depth to rock. :Severe: I slope, : depth to rock. ;Severe: slope, depth to rock. Severe: slope, depth to rock. Area sanitary landfill Severe: slope. Severe: slope. Slight Moderate: slope. :Severe: : slope. :Severe: : scope. :Severe: : slope, : seepage. :Severe: : slope, : seepage. :Severe: slope, : seepage. :Severe: : slope. :Severe: slope. :Severe: slope. :Severe: : slope. Daily cover for landfill 1Poor: : slope, large stones. ;Poor: i slope, I small stones. :Poor: too clayey. ,Poor: : too clayey. :Poor: i slope, too clayey. :Poor: : slope, : too clayey. :Poor: slope, large stones. Poor: slope, large stones. :Poor: : slope, : large stones. : :Poor: thin layer, : slope, : area reclaim. : :Poor: : slope, : thin layer, : area reclaim. :Poor: : slope, : thin layer, area reclaim. :Poor: : slope, : thin layer, : area reclaim. RIFLE AREA, COLORADO TABLE 9. --CONSTRUCTION MATERIALS --Continued 115 Soil name and I Roadfill map symbol Sand Gravel Topsoil Inchau- :Poor: : slope, thin layer, : area reclaim. 13, 14 ;Fair: Chilton : low strength. ; 15 :Fair: Cnilton : slope, : low strength. 16 :Poor: Cimarron : shrink -swell, low strength. 17 :Poor: Cochetopa : shrink -swell, ; slope, ; low strength. 18': Cochetopa 'Poor: shrink -swell, low strength. Jerry 191: Cochetopa- Jerry 241. Cryaquolls 'Poor: slope, shrink -swell, law strength. Unsuited: thin layer. Unsuited Unsuited ;Unsuited 1 :Unsuited: Poor: ; thin layer. ; slope, 1 I small stones, area reclaim. 1 I "Unsuited ;Poor: : small stones. :Unsuited :Poor: : small stones, : slope. : I :Unsuited :Poor: : too clayey. I I ;Poor: : slope, : small stones. i (Unsuited --------------Unsuited I I 1I I 1 :Unsuited -:Unsuited :Poor: 1 I slope, + I I 1 small stones. I I 1 I I 1 :Unsuited :Unsuited -------------:Poor: 1 ; I slope, 1 : large stones, I too clayey. r 1 ' I 1 ;Unsuited----- Poor: slope, small stones. :Poor: :Unsuited : shrink -swell, : slope, : low strength. : 116 TABLE 9. --CONSTRUCTION MATERIALS --Continued SOIL SUAVE' Soil name and ; Roadfill map symbol Sand Gravel ; Topsoil 24*: Dollard ;Poor: thin layer, slope, low strength. Rock outcrop. 25 Etoe 26'! Farlow Rock outcrop. 27'. Halaquepts 28, 29, 30 Heldt 31 Heldt 32 Holderness Variant 33 Ildefonso 34+ Ildefonso 35'- Ildefonso- Lazear 36, 37 Irigul 38': Irigul 3tarrr.an 1 1 ;Unsuited ;Unsuited Poor: 1 : 1 slope, too clayey. 1 1 e 9 Poor: ;Unsuited :Unsuited: Poor: slope, ; 1 large stones, slope, large stones. I I I small stones. : : ; 1 1 Poor: ;Unsuited- ;Unsuited ---;Poor: slope. ; 1 ; slope, 1 small stones. ; 1 1 I 1 1 1 : 1 : + : ;Unsuited :Unsuited --;Poor: ton clayey. 1 1 1 : ; 1 ;Unsuited: ;Unsuited: IPE;:layey. excess fines. : excess fines. ; : : 1 ;Unsuited ;Unsuited :Poor: : + 1 slope. 1 : . :Unsuited :Unsuited :Poor: 1 : 1 V4:' I 1 large stones. I i 1 :Unsuited - :Unsuited :Poor: : 1 i slope, : : 1 large stones. I 1 1 1 1 r :Unsuited ;Unsuited ;Poor: 1 I : slope, : 1 1 large stones. 1 1 1 ;Unsuited ;Unsuited IPoor: : i I slope, 1 ; small stones, 1 1 area reclaim. 1 1 i ;Unsuited :Unsuited - ;Poor: : : : slope, : l I small stones, I : area reclaim. 1 1 : : 1 1 :Unsuited :Unsuited :Poor: : 1 slope, : ; small stones, ; : ; area reclaim. I 1 :Unsuited: :Unsuited: :Poor: thin layer. ; thin layer. : slope, : 1 1 area reclaim, : : 1 small stones. I :Poor: shrink -swell, low strength. :Poor: ; shrink -swell, low strength. ;Poor: low strength, ; shrink -swell. ;Poor: large stones. Poor: slope, large stones. ;Poor: : slope, : large stones. ',Poor: slope, : thin layer, area reclaim. :Poor: : slope, : thin layer, ; area reclaim. :Poor: I slope, : thin layer, : area reclaim.. !Poor: ; slope, : thin layer, : area reclaim. See footnote at end of table. RIFLE AREA, COLORADO TABLE 10. -WATER MANAGEMENT --Continued Soil name and map symbol 14, 15 -- Chilton 16 Cimarron 17 Pond reservoir areas ;Seepage, : slope. -,Slope Cochetopa 18', 19': Cochetopa Jerry 20'. Cryaquolls 21': Cushman Lazear 22 Dateman 23 Detra 24"; Dollard Rock outcrop. 25 Etoe 26': Farlow Rock outcrop. 1 :Slope :Slope - :Slope :Slope, 1 depth 1 -:Slope, 1 depth 1 •:Slope, 1 depth :Slope, depth : :Slope, depth 'Slope, seepage. : Embankments, dikes, and levees , :Seeps :Hard Drainage ge----- :Slope to pack ---;Slope, peres slowly. 1 :Hard to pack--- : :Hard to pack--- Peres slowly, 1 slope. ;Hard to pack ---;Slope, : percs slowly. 1 Peres slowly, slope. 1 :Thin layer to rock.; :Thin layer, to rock.: large stones. :Thin layer to rock.: :Thin layer to rock.: :Thin layer, to rock.; hard to pack. -:Slope, : depth :Large stones--- : Slope, depth to rock. Slope, depth to rock. :Slope 1 :Slope, 1 depth to :Depth to rock, slope, percs slowly. Irrigation ;Droughty, : slope. :Peres slowly, slope. :Slope, 1 peres slowly. :Slope, : peres slowly. :Slope, peres slowly. :Slope, rooting depth : Terraces and : diversions Slope 121 1 Grassed waterways :Slope, peres slowly. :Peres slowly, : slope. Peres slowly, slope. Slope, peres slowly. :Slope, .1 depth to rock. :Large stones, : slope, 1 depth to rock. 'Slope, depth to rock. Large stones, droughty, rooting depth. :Slope :Slope -ock.4 Slope, large stones. :Thin layer, :Slope, to rock.: large stones. 1 large stones. : 1 I 1 1 1 1 : 27*. ` , I1 1 1 Halaquepts I 4 ' 1 ` "Peres slowly, 28, 29 -__:Slope---_--___-}Hard to Heldt 1 1 1 slope. 30 ;Slope :Hard to pack---'Percs slowly, Heldt : 4 4 1 31 :Slope ----------:Hard to pack ---:Peres slowly,. Heldt : : : slope. 1 1 1 32 ;Slope ;Hard to pack ---:Slope, Holderness i I 1 peres slowly. I Variant 1 1 1 ; I 1 See footnote at end of table. Slope, ,Slope ,Depth to rock, peres slowly, : peres slowly, rooting depth.: slope. Slope, large stones. Droughty, slope, large stones. Slope, droughty, large stones. :Slope, 1 percs :Slope, 1 peres ;Slope, peres :Slope, percs slowly. slowly. slowly. slowly. :Slope, : large stones. I :Peres Droughty, : slope. :Slope, peres slowly. :Peres slowly, : slope. Peres slowly, slope. :Slope, : percs slowly. Slope, depth to rock. Large stones, slope, rooting depth. Slope, rooting depth. Slope. Peres slowly, slope, rooting depth. Droughty, large stones, slope. Slope, large stones, droughty. slowly- :Peres slowly. :Slope, peres slowly. Il Slope, slowly. 1 percs slowly. ;Slope, slowly. 1 peres Slowly. Peres slowly, : slope. Slope, peres Slope, peres 1 RIFLE AREA, COLORADO 135 TABLE 13.--ENGINEERING.INOEX PROPERTIES --Continues Soil name and Depth; map symbol : Classification USDA texture 1 Unified : • :Frag- :ments AASHTO ; > 3 ;inches Percentage passing sieve number -- 4 1 10 40 200 Liquid limit Plas- ticity index 8*: Azeltine 91. Badland 10, 11 8egay 12*: Bucklon Inchau 13, 14, 15 Chilton In : 0-18:Gravelly sandy 1 loam. 18-60:Sand, gravel, : and cobbles. : I 0-141Sandy loam ISM 14-24IFine sandy loam,;SM, ML 1 very fine sandy, : loam. 24-601Stony sandy ISM 1 loam, stony I fine sandy loam. t I 0-5 ,Loam :CL 5-15:Clay loam, loam ICL 15 ,Weathered 1 1 bedrock. 1 i 0-3 :Loam 1CL-ML, 3-36lGravelly loam, :GM -GC, gravelly clay : GM, GC, loam, clay 1 CL :SM ;GP, SP 1 1 36 1 0-131Channery loam ---ISM 113-60I11ery gravelly IOM I loam, very : : cobbly sandy : 1 loam, very 1 channery sandy 1 1 loam. t 0-4 ;Loam IML 4-60IClay, silty c1ay1CH, 1 loam, silty : clay. 1 Pct 1 1 i 1 :A-2, A-4: 0-5 1 I I 1A -a :35-60 : I 1 1A-2, :A-4 :A-2, A-41 0 10-5 A-4120-35 A-6 A-71 I --- ML1A-4 IA -4, A-6: loam. Weathered bedrock. 1A-2, A-4 IA -2 1 i 16 1 1A-4 Cimarron : CL IA -7 1 I , 1 1 1 1 1 I d I 17 1 0-21:Loam IML :A-4 Cochetopa 121-60:Clay, stony ICL, CH IA -7 1 ; clay, stony : 1 I 1 clay loam. : : i i i 1 18* 19*: 1 : Cochetopa----- ----: 0-21:Loam :ML 1A-11 121-6O1Clay, stony ICL, CH 1A-7 : 1 clay, stony : 1 : : clay loam. 1 : I r 1 : I d Jerry : 0-3 :Stony loam 1CL, CL-MLIA-41 1 3-60:Stany clay, 1CL, CH :A-7 : cobbly clay 1 1 1 loam, cobbly 1 I : clay. : : I 4 20*. Cryaquolls See footnote at end of table. A-6 70-85 150-75 40-65 I 1 i 1 25-70 120-65 10-30 t P 1 1 1 I 1 1 i , I 1 r I 1 i 1 I 1 1 195-100195-100165-80 195-100195-100170-95 L 1 1 1 1 :80-95 185-90 155-80 1 I I I I 1 I 1 1 I I i 1 , r 25-40 0-5 130-50 140-65 " I 25-50 1 0 95-100;95-100180-100160-80 0 180-100175-95 165-95 150-85 I I I i i 1 0 175-100,75-100170-90 0-10 155-85 150-85 :45-80 I I 60-70 145-55 0-5 :70-80 5-30 :40-60 " 0 190-100 0-10 195-100 30-60 90-100 95-100 125-40 Pct 15-25 HP HP NP HP -5 HP 25-35 10-15 25-50 10-25 1 150-70 25-35 5-10 135-60 25-35 5-15 30-45 15-25 HP -5 15-35 --- HP -10 85-95 160-75 20-30 NP -5 90-100175-90 45-70 30-45 I I I : 1 1 1 1 I I t 0-5 185-100180-95 170-90 5-30 :70-90 160-90 155-85 I 1 1 I r i 1 1 : 1 I 1 I I " I I 1 1 1 0-5 :85-100180-95 170-90 5-30 :70-90 60-90 155-85 5-15 :75-100 75-100170-90 20-30 170-90 70-80 160-70 50-80 20-30 HP -5 50-80 40-60 20-40 50-80 20-30 NP -5 50-80 40-60 20-40 55-70 20-35 5-15 50-60 40-60 25-45 136 TABLE 13. --ENGINEERING INDEX PROPERTIES --Continued SOIL SURVEY Soil name and :Depth1 USD., texture map symbol ; ; 21*: Cushman Lazear 22 Dateman 23 Detra 24*: Dollard Rock outcrop. 25 Etoe 26*: Farlow Rock outcrop. 27*. dalaquepts In ; Classification Irrrag- :ments Unified AASHTO ; > 3 inches Percentage passing sieve number -- • I 1 0-3 ;Stony loam ICL -ML, MLIA-4 3-11:CIar loam, sandy;CL ;A-6 clay loam, loam; 11-32 Loam, gravelly :CL -ML, ;A-4 loam, very I GM -GC ; gravelly loam. ; ; 32 (Weathered ; ; : bedrock. ' 1 4 4 0-4 :Stony loam :GM -GC, 1 1 : SM -SC 4-16:Stony loam ;SM -SC 16 ;Unweathered ; --- ; --- I bedrock. : Pet I 4 10 40 1 1 ; I 200 Liquid Plas- limit ticity index Pct T 5-15 :90-100;90-100;85-95 :60-75 ; 20-30 NP -10 0-10 190-100190-100;80-100150-80 25-35 ; 10-15 1 ; 0 150-90 45-85 ;40-80 :25-60 20-30 ; 5-10 . , 1 1 1 I 1 I 1 IA -2, A-4;10-20 I ; :A-4 :15-35 : ; 1 0-3 ;Gravelly loam---IGM-GC 1A-2, A-4 5-10 ;55-75 3-22:Gravelly sandy ;GC 1A-2 ; 5-15 :50-65 1 loam, gravelly ; 1 ; 1 1 sandy clay loam; ; ; ; 22-341Very gravelly ;GM 1A-1, A-2; 5-15 :35-55 1 sandy loam. 1 ;' 34 (Unweathered 1 1 --- 1 1 bedrock. I ' rP I I I 1 0-12;Fine sandy loam ISM :A-4 0 ; 100 12-57:Sandy clay loam, ICL :A-6 0 1 100 : clay loam. ; 1 57 ;Unweathered 1 --- 1 1 : bedrock. ; I 1 I I : I 1 I 1 : 0-5 ;Clay ICL, CH IA -7, A-61 0 :95-100 5-25:Silty clay, :CH, CL IA -7 1 0 :95-100 : silty clay 1 1 1 loam, clay. 1 1 1 25 :Weathered I --- 1 I bedrock. I ; 1 ' 1 t 1 1 i _-- I :50-80 50-80 40-60 30-50 20-30 ; 5-10 175-85 70-85 0-15:Loam 1ML 15-24 Cobbly loam, ISM, GM very cobbly 1 : sandy loam, 1 very cobbly loam. 1 24-60 Very cobbly ;GM, sandy clay 1 GM -GC, loam, extremely: ML, stony sandy1 CL -ML : clay loam, very) cobbly loam. ; I , a I I ; 1 0-101Channery loam ---;ML, GM 1A-4 5-10 :70-$0 10-421Very channery IGM IA -1, A-2: 5-45 :35-50 ; loam, very 1 flaggy loam. I 1 1 1 42 ::Unweathered--- 1 --- ' 1 1 : 1 bedrock. ; ; 1 1 1 1 I 1 1 1 1 1 1 1 1 1 I 1 1 1 ' 1 1 1 1 1 : 1 1 1 1 I I 1 r 50-70 50-60 30-50 100 100 95-100 95-100 50-70 :35-50 20-30 ; 5-10 1 ; 40-60 130-50 20-30 ; 5-10 30-45 ;20-35 20-35 1 10-15 25-45 120-35 NP it a 1 ; 95-100135-50 15-25 ; NP -5 95-100150-70 30-35 10-15 1 I 1 1 i 90-100180-95 35-60 15-40 90-100180-90 40-60 : 20-40 1 1 1 1 1 I I r 1 1 1 1A-4 0-10 185-100 80-100170-95 150-70 IA -2, A-4 50-80 150-90 40-90 30-60 125-50 1 1 1 r ' 1 1 1 1 1 1 1 1 1 1 1 I IA -1, 150-80 150-90 140-90 135-70 I A-2, 1 A-4, 1 A-6 See footnote at end of table. 65-75 30-40 :60-70 125-40 20-30 15-25 NP -5 NP -5 125-60 ; 20-35 5-15 E 140-55 20-35 15-25 15-25 NP -5 NP -5 S,ep--07-OO 08:11A United States Department of the Interior Gene Hilton Ranch Investment Corp. P.O. Box 1274 Littleton, CO 80160 Dear Mr. Hilton: BUREAU OF LAND MANAGEMENT COLORADO STATE OFFICE 2000 ARAPAHOE ST O€NVER. COLORADO 50262 JIM.- 1981 Enclosed is your copy of right-of-way C-28197 for an access road. P_02 1'k IMPLY TO CO-946(EH) C-28197 R/W As discussed with Don Owens in the Glenwood Springs Resource Area Office, a corrected copy of the survey map is required showing the correct townships and range. This is to be submitted within 60 clays.. Sincerely yours, Merrill G. Anderson, Leader Canon City -Grand Junction Team Branch of Adjudication Enclosure Sep -,..,7-00 :'a: 11A UNITED STATES DE:PART11EHT or T1IE• INTERIOR BUREAU Oe LAND *G NAC1.MLNT coLORn1Hl CTATF ]eFICF night -of -Way Grant CO-946(Ell) Serial Number C-28197 Expiration Date .711r„e an Belt This tight -of -Gay grant. which is a license for a term of 30 years entered lite on July 1, 1981 , by the United States of America, the licensor. through the Bureau of Land Management, and Ranch Investment Corp., c/o Gene Hilton. P.D. box 1274, Littleton, CO 80160. the licensee, is hereby issued under Title V of the Federal Land Policy and Management Act of 1976 (90 Stat. 2743. 2776-2782; 43 U.S.C. 1701. 1761-1771), and is subject to all applicable Federal, State and local laws and regulations, now or hereafter in force. including Title 43, Code of Federal Regulations. Part 2800. The terms used in this right-of-way grant are defined at 43 CFR 2800.0-5 (45 Fed_ral Register 44527, July 1, 1980). Sec. 1. RIGHTS UNDER THIS RIGHT-OF-WAY GRANT — This right-of-way grant confers upon the holder a non-exclusive right to construct, operate and maintain, in accordance with the terms. conditions and stipulations of th.'s document and applicable regulations, an access road on the following - described public lands situated in the State of Colorado (thie description is limited to aliquot parts in which the right-of-way is to be located): T. 7 S. R. 90 W., 6th F.M. Sec. 35: SES a. This right-of-way grant is subject to all valid rights existing on the date issued. b. The United States retains all rights in the public lands subject to this right-of-way not expressly granted in this document. including, but not limited to. the right to require common use of the right-of-way and to authorize compatible uses of the right-of-way, including the subsurface am.d air space; and a continuing right of access onto the public lands covered by the right-of-way grant and, upon reasonable notice to the holder, access and entry to any facility constructed on the right-of-way. c. The United States retains the right to review this right-of-way grant at the end of the twentieth year of its term and revise or modify its terms at that time. d. This right-of-way grant shall terminate on June 30, 2011 unless prior to that time it is relinquished, abandoned or otherwise terminated pursuant to the provisions of this grant or of any applicable Federal law or regulation. This right-of-way grant is renewable at the end of its term if an application for renewal is properly and timely filed by the holder and the facility is being operated and maintained in accordance with all provisions of this grant, and applicable laws and regulations. At the time of renewal, the authorized officer may modify the terms, conditions and stipulations oe this grant. Sec. 2. TERMS AND CONDITIONS -- In consideration of the foregoing, the holder hereby agrees: a. To construct, operate and maintain on public lands only those facilities represented at the location(s) shown on the official approved right-of-way map, consisting of 2 sheets, filed with the Bureau of Land Management on May 22, 1979 and designated by the holder as Plat of existing Ro.id R.O.W. through public lands to patented and. The total width of the right -of -.;ay granted by this document Is 60 feet, and length Is 765 feet. b. To comply with applicable State standards for public-health and and meinteii, ncc, if chore Stare standards are more stringent then I cticr,r) standard,; for similar projects. P.03 ;Qp-07-00 OB:11A c. Thar 311 activities authorized by this right-of-way grant may be suspended prior to an administrative proceeding, upon a determination by the authorized officer that such suspension is necessary to protect the .�.i hash+.. ..-tom7.rrrty 7r..a. ... ;....�.....,_.. temporary suspension of activities shall remain effective until the authorized officer issues an order permitting resumption of activities. d. That the authorized officer may suspend or terminate this right- of-way grant if he dcterminca that the holder is unwilling, unable or has failed to comply with the applicable Maws or regulations, or any term, condition or stipulation of this document or has abandoned the right -of -xray. Failure of the holder to use the right-of-way for the purposes authorized for any continuous five-year period shall constitute a presumption of abandonment. e. To provide the authorized officer with a statement, commencing on the fifth year from the date of this right-of-way grant and every five years thereafter, that the holder is using the right-of-way for the purposes authorized herein in accordance with the terms of this grant. f. To remove ail structures and improvements within a reasonable time after termination, revocation or cancellation of this right -o€ -way grant, unless directed otherwise in writing by the authorized officer, and to restore the site to a condition satisfactory to the authorized officer. If the holder fails to remove 311 such structures or improvements within a reasonable period, as determined by the authorized officer, they shall become the property of the United Stales, but the holder sha11 remain liable for the cost of removal of the structures and improvements and for restoration of the site. g. That this right-of-way grant cannot be conveyed, assigned or otherwise transferred, in whole or in part, without prior written approval by the authorized officer. Any transfer will be subject to existing regulations and such other terms, conditions and stipulations deemed necessary at the time of approval of the transfer. h. To notify the authorized officer of any change in the holder's status, such as changes in legal mailing address, financial condition, business or corporate status. and alien ownership. i. That this right-of-way grant does not authorize the holder to take from the public lands any mineral or vegetative material, including timber, without securing prior authorization under the Materials Act (30 U.S.C. 601 et seq.; 43 CFR 3610) and paying in advance the fair market value of the material so removed, however, common varieties of stone and soil that are necessarily removed in the construction of this project may be used elsewhere on public lands in the same project without additional authorization and payment. In the performance of normal maintenance, the holder shall be allowed to do minor trimming, pruning and clearing of vegetative material within the right-of-way and around constructed facilities without additional authorization and payments. j. To pay the fair market value for the right-of-way upon a determination thereof by the Bureau of Land Management. The older has submitted a deposit in the amount of $25.00 which amount is merely to insure payment of rent and is not to be construed as having any relationship whatsoever to the fair market value of the right-of-way. Upon a determination of the fair market value, the holder will be notified of the required amount and method of payment and will have the right of appeal. Failure to submit any required payment within thirty days after notice of default may result in termination of this grant. The Bureau of Land Manueement. after the initial determination of fair market value Eor the right-of- way, reserves the right to review the fair market value determination whenever necessary and to adjust it in accordance with regulations and procedures in effect at the time of review, if necessary, to insure the payment to the United States of full fair market value of the right-of- way. It is mutually agreed that any determination or adjustment of the fair market rental value will constitute an amendment of this grant. k. To pay the United States the full value for all damages to the lande or other property of the United States caused by the holder or by his employees, contractors, or employees of the contractors. P_ O4 Sep -07-00 08:1L:, 1. To be fully liable for injuries or damages to third parties resulting from activities or facilities on lands under Federal jurisdiction, in accordance with the law of the jurisdiction in which the damage or injury occurred. and to fully indemnify the United States for liability. damage or claims arising in connection with the use and occupancy of the right-of-way area. m_ To rebuild and repair roads, fences. and established trails that may be destroyed or damaged by construction. operation or maintenance of the project authorized by this right-of-way grant and to build .and maintain sultable crossings for existing roads and traila that intersect the project. n. To prevent or suppress fires on or in the immediate vicinity of the right -of --way and to make available such construction and maintenance personnel and equipment as may be reasonably obtainable for the suppression of such fires. o. To take all measures necessary to protect Federal property and economic interests; protect lawful users of the lands adjacent to or traversed by the right-of-way; to protect live& and property; and to protect interests of individuals living in the general area traversed by the right-of-way who rely an the fish, wildlife, and other biotic resources of the area for subsistence purposes. p. That in the construction. operation, mainrenance and termination of the facilities authorized by this right--of-way grant, the holder shall not discriminate against any employee or applicant for employment because of race. creed, color, sex or national origin. All subcontracta shall include an identical provision. q. That a non -returnable sum of $20.00 as reimbursement for coats incurred by the United States in monitoring the construction, operation, maintenance and termination of the authorized facilities and for protection and rehabilitation of the lands involved has been submitted. Following termination of the right--f-Way grant, the holder will be required to pay additional amounts to the extent and in the event that actual costs Incurred by the United States exceed the above -stated payment. Sec. 3. STIPULATIONS -- The holder further agrees to comply with and be bound by the following stipulations, which are made a part hereof: For the purposes of these stipulations, the authorized officer shall be the Glenwood Springs Area Manager. a. The holder shall immediately bring to the attention of the authorized officer any and all antiquities or other objects of historic or scientific interest including. but not limited to, historic or prehistoric ruins, or artifacts discovered as a result of operations under this right-of- way grant. The holder shall immediately suspend all activities in the area of the object and shall leave such discoveries intact until told to proceed by the authorized officer. Approval to proceed will be based upon evaluation of the cultural significance of the object. Evaluation shall be by a qualified professional selected by the authorized officer from a Federal agency insofar as practicable. When not practicable, the holder shall bear the cost of the services of a non -Federal professional. The holder shall follow the mitigation requirements set forth by the authorized officer concerning protection, preservation or diapostion of any sites or material discovered. In those situations where the authorized officer determines that data recovery and/or salvage excavations are necessary, the holder shall bear the cost of such data recovery and/or Salvage operations, b. The holder shall comply with the applicable Federal and state laws and regulations concerning the use of pesticides (i.e.. insecticides, herbicides, fungicides, rodenticides, and other similar substances) in all activities andfur operations under this right-of-way grant. The holder shall obtain from the authorized officer approval of a written plan prior to the use of such substances. The plan must provide for the type and quantity of material to be used: the pest, insect. fungus, etc., CO be controlled; the method of application, the location for storage and disposal of containers; and other pertinent information that the authorized officer may require. The plan should be suhmitted no later than December 1. of :any calendar year that covers thr proposed activities for the next fiscal year. P OS Sep -07-00 08.1. Emergency use of pesticides may occur. The use of substances on or neer the right-of-way area ahall be in accordance with the approved plan. A pesticide shall be used only in accordance with its registered uses and without other limitations if the Secretary of the Interior his not imposed restrictions. A pesticide shall not be used if the Secretary has prohibited its use. Pesticides shall not be permanently scored on public lands authorized for use under this right-of-way grant. c. The United States shall have unrestricted use of the road for all purposes deemed necessary or desirable in connection with the protection, administration, management and utilization of Federal bands nr resources, and shall have the right alone to extend rights and privileges for use of the road to States and local subdivisions thereof. and to other users, Including members of the public. d. The holder shall be responsible for prevention and control of soil erosion and gullying on Lands covered by this grant, and adjacent thereto, resulting from operation of the permitted use. e. The holder is responsible for continuous inspection of improvements and area covered by this grant to assure that hazards are removed and that public safety, health and welfare are adequately protected. The holder w111 take corrective action as needed. Sec. 4. EXECUTION AND AGREEMENT -- this right-of-way grant consists of 4 pages, of which this is the fourth. Execution of this document constitutes an agreement between the holder and the United States thar, in consideration of the right to use Federal lands, the holder shall abide by x11 the terms, conditions and stipulations contained in this document and the provisions of applicable laws and regulations. For Execution by the holder: /61 (Holder's Signature) (HolderTs Title. if applicable) 41* if f / I Corporate Seal w; ap niicaWe) By: For Execution by the United Staten: The United States of America ! Bader, Canon ty-Grand .unci pn Tema Branch of Adjudication Colorado State Office Bureau of Land Management all ral (Date) P_06 COLORADO ENGINEERING, INC4 P.O, Box 1301 Rifle, CO 81 650 Tel 970-625-4933 Fax 970-625-4564 September 5, 2000 Janet Maddock Administrative Assistant West Divide Water Conservancy District 109 West 4h St. Rifle, CO. 81650 Via Hand Delivery RE: Water Contract Application — Alpine Mountain Club LLC Dear Janet: On behalf of Alpine Mountain Club LLC, Colorado River Engineering, Inc. is pleased to submit the following application for a water contract with the West Divide Water Conservancy District. Enclosed, in duplicate, please find the required information for the contract water. • APPLICATION AND DATA FORM TO LEASE WATER FROM THE WEST DIVIDE WATER CONSERVANCY DISTRICT. • THE WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT LEASE • Table 1, Estimated Water Diversion and Consumptive Demands • General Location Map using WDWCD water structures map The contract water will be used for the development of three exempt subdivisions with a total of 10 residential units located near sunlight ski area. The domestic supply allows for the development of wells, springs, or surface diversions from unnamed tributaries to Fourmile Creek. The residential supply will be comprised of in-house potable uses and minimal outside irrigation demands of 1,500 -sq. ft. per lot. The estimated annual water usage (actual diversions) for the proposed subdivisions will be approximately 434 acre-feet which includes 3.92 acre-feet for in-house use and 0.62 acre-feet for irrigation of landscaped areas. Table No_ I provides a summary of the water use demands, The proposed diversion points are located within the Fourmile Creek drainage area. This is above the headgate of the Atkinson Ditch and is classified as "Location A" in the district's Fourmile Creek Augmentation Plan decreed in Case No.94CW344. We understand that the water contract will be based on diversion amounts until such a time that either the District or Alpine Mountain Club, LLC develops an augmentation plan through the water courts. A portion of the subdivision is located within the Garfield Creek watershed. Water supplied to this area will require a 100% augmentation replacement to Fourmile Creek. We are available at your convenience to address any questions or issues that might develop during your stag's review of the application packet. Please do not hesitate to call if you have any questions, (970) 6254933. Sincerely, Christopher Manera CM:cm Encl CC: Craig Nelson Tom Warnes Peter Belau C:\CREjobfilesl520-Snnglenn WLIWCDApP.clni Revised 2/16/00 Contract #FM000906AMC(a) Map #2l Date Activated 09/06/00 APPLICATION AND DATA FORM TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT A. APPLICANT Name G I # �e :rr L_ C.. C- In fAt4 Nzl c - Mailing Address p o (r, j(. X Ll 3 ' Telephone iia / atiK - /1 ei0 Authorized Agent or Representative C k r r wpf+er IN rI of ye% c_010. --a. 4' „rer Eni' eer.7 j r B. WATER RIGHT OWNED BY APPLICANT OR BEING APPLIED FOR Name of Right Sae.. Hp,4"n A + f- A Type of Structure or Right we.' s s . , scar ce c/;vivi e,5 Location of Point of Diversion (description from decree or permit) Sem /llvpn 4, A Water Court Case No. N/A Well Permit No. NJA (Attach copy of permit) C. INTENDED USE OF LEASED WATER Location of Area of Use (Include metes and bounds legal description of property on which water right is to be used. May be attached as Exhibit) p - 3 Li j,t) N w- q Seale", 3S mad Total acreage of above -referenced parcel !1Q Address of above -referenced property Ath Description ofUse Du,ne6.4-<<, , izie. Pr-F4rA Zrrl, �cr+ Estimated Sq. Et. of Lawn and Garden to be Irrigated ts, corn Method of Irrigation: Flood Sprinlder X Drip Other Total Number of Dwelling Units / Q Number of Constructed Units Number of Vacant Lots 1 C Potable Water System 4Jcllssj' ; s�a� .z ci:•(: -Waste-Water Treatment System S - -,e%L•.e-,4k f a4,15 Type ofMeter or Measuring Device 14}, I; on) CID tna 4er Projected Monthly Volume of Leased Water Needed in Gallons: r5.. TA 61 THESE FIGURES ARE X ACTUAL DIVERSIONS OR CONSUMPTIVE USE ONLY (Actual diversions must be used unless contractee has an augmentation plan) San. IeA, -cFeb. a»1'1 Mar. 10, i Apr. 104tl+T May 13i,' 2t- June. ILA July 1(.1,917 Aug. 140.71; Sept. ill, 4.3.7 Oct. l e4 Nov. ;o'i. 11 Dec. 10 „5-.0`1 Annual Total Gallons 1r419-2.‘3 Acre Feet rl . S y Maximum Instantaneous Demand . 0 gpm (kr e k c k s t.d.e ) D. OTHER REMARKS D, r ?,UA} Date ey- 6 .. 0 Q 0 res cirticaC i Grr field eaGrcri� watrr,�. Applicant Appendix A — Description of Facilities Mountain Club Well No. 2: • Source — Unnamed tributary of Fourmile Creek. Location -- At a point m the SW1/4 ofthe NW114 of Section 35, Township 7 South, Range 90 West of the 6th Principal Meridian approximately 3,250 feet North of the South section line and 650 feet East of the West section line in Garfield County. • Diversion Rate — 20.0 gpm. • Uses -- Domestic, fire protection, and lawn irrigation. Mountain Club Well No. 3: • Source — Unnamed tributary of Fourmile Creek. • Location — At a point in the SE 114 of the SW1/4 of Section 35, Township 7 South, Range 90 West of the 6th Principal Meridian approximately 1,150 feet North of the South section line and 2,000 feet East of the West section line in Garfield County. • Diversion Rate — 20.0 gpm. • Uses — Domestic, fire protection, and lawn irrigation. Mountain Club Spring No. 1: • Source — Unnamed tributary of Founnile Creek. • Location — At a point in the SW1/4 of the NW 114 of Section 35, Township 7 South, Range 90 West of the 6th Principal Meridian approximately 3,520 feet North ofthe South section line and 820 feet East of the West section line in Garfield County. • Diversion Rate — 20.0 gpm. • Uses — Domestic, fire protection, and lawn irrigation. Mountain Club Spring No. 2: + Source — Unnamed tributary of Fourmile Creek • Location — At a point in the NE 1f4 of the SW 114 of Section 35, Township 7 South, Range 90 West of the 6th Principal Meridian approximately 1,320 feet North of the South section line and 2,150 feet East of the West section line in Garfield County. • Diversion Rate — 20.0 gpm. • Uses — Domestic, fire protection, and lawn irrigation. Mountain Club Spring No. 3: • Source — Unnamed tributary of Fourmile Creek. • Location -- At a point in the NW 1/4 of the SW 114 of Section 35, Township 7 South, Range 90 West of the 6th Principal Meridian approximately 2,060 feet North of the South section line and 260 feet East of the West section line in Garfield County. • Diversion Rate — 20.0 gpm. Uses — Domestic, fire protection, and lawn irrigation. Mountain Club Pump and Pipeline No. 1: • Source —Unnamed tributary of Fourmile Creek. Location — At a point in the SE114 of the NW 1 /4 of Section 35, Township 7 South, Range 90 West of the 6th Principal Meridian approximately 2,870 feet North of the South section line and 2,400 feet East of the West section line in Garfield County. • Diversion Rate — 20.0 gpm. • Uses — Domestic, fire protection, and lawn irrigation. Mountain Club Pump and Pipeline No. 2: • Source — Unnamed tributary of Fourmile Creek. • Location— At a point in the SE114 of the SW1/4 of Section 35, Township 7 South, Range 90 West of the 6th Principal Meridian approximately 350 feet North of the South section line and 2,250 feet East of the West section line in Garfield County. • Diversion Rate — 20.0 gpm. • Uses — Domestic, fire protection, and lawn irrigation. est 0 O U • 15o E ev co XL .C3 • (.▪ .) tr • ">i 4 Ill -74 4. E ILL ANNUAL v- C4 cow ri p 6 .- g m ` tro u�7 0 ' LO •t 0 eT 0 r � 1--- 0 DEC r} mg 0 Q 0 v.) cci0 0 -a- 0 a$ c 0 0 c� �d 0 - NOV 01 cc i 0 C1 fl ci cV w o •er �i 0.0411 o 0 0.048 0 OCT t)0 ci ci 00N 0 1® C70 0 0 ci Ct. 'Li00 01 CA cvm T tt9 a co to 00 � a 03 cs AUG trsas t�]8 6 0 NN 6 00 10 00 6 0 0)0) rte 6 JUL! cci g V) r 6 0 c .1' 6 •m eh 0.050 0.131 ,r O r MAY JUN NCO 06 0 0 . CO V' 00 C'3 a 1.5 en 0 0 C, CS6 Co 0 .-- " "i Q N o o 00 N x—) Ca OS APR 0.322 0.000 01 0 'et N . E O 6 g 0 0 CC 41 0.333 0.000 c�r)y 6 CV . 6 6 0 C70 ci FEB r0 p t+7 � c5 r^ 6 1. N 0.045 0.000 10 40 O C3 O a' CO Z Et Residential In-house ac -ft 0.333 Lawn irrigation ac -it 0.000 !Totals __ ' 0.3331 gpm - 2.4 CONSUMPTIVE USE Residential In-house ac -ft 0.050 Lawn irrigation ac -ft 0.000 1 'Totals ac -it 0.050 germ 0.4 Ih e z 4 w 0 0 z 4 (.i z a w F 4 D 1- 0. z w 0 CC 4 0) a m CC a > ,i)V c.r '- - rooU) mina 0 . c ?ci o 11) Us co c m 3 .6 -QW 3 n - 0 ca in W to '13 11 c coo > c c d c z 2 4 1- 0 a w 4 2 LL 4 ce 4 w 1s- 2 4 0 a tO 11! 9 C0) 0-E DEMAND53exemptions.123 0 REVISED 7/29/99 Name of Applicant: Contract #FM000906AMC(a) Map #21 Date Activated 09/06/00 WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT/LEASE Quantity of Water in Acre Feet Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of C.R.S. 1973, §37-45-101, et seq., (hereinafter referred to as the Mistrial for an allotment contracti1ease to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this contractllease and the attached application, Applicant hereby agrees to the following terms and conditions: 1. Water Rights: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water, which will be supplemented and augmented by water leased herein. If Applicant intends to divert through a well, it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources. 2. Ouantitv: 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 Bow 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 fejt 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 contractllease. The District and the Applicant recognize that some of the Districts decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein provided, Applicant may so notify the District in writing, and the amount of water allotted under this contract/leas shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3, Beneficial Use and Location of Beneficial Use Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses: municipal, domestic and related uses, or commercial (except to the extent that Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract No. 2-07-70-W0547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted, shall be within or through facilities or upon. land owned, leased, operated, or under Applicant's control. 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir and Green Mountain Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the Applicant at the outlet works ofsaid storage facilities or at the decreed point of diversion for said other sources, and release or delivery of water at such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir or Green Mountain Reservoir shall he subject to the District's lease contracts with the United States Bureau of Reclamation. Releases from other facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action. Any quantity ofthe Applicant's allocation not delivered to or used by Applicant by the end of each water year (October 1), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado Division of Water Resources to estimate any conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case. 5. Alternate Point ofDiversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant. The District reserves the right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated herein, and fiather agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtainldivert the waters at said alternate paint of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted under this contract/lease. In the event the Applicant intends to apply for an alternate paint of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under Paragraph 19 below. In any event, the District shall have the right to approve or disapprove the Applic:ant'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/ease Payment: Nan-rdi:ndable, one time administrative charge, in the amount determined by the Board of Directors ofthe District from time to time, shall be submitted with the application for consideration by the District. Annual payment for the water service described herein shall be determined by the Board of Directors of the District. The initial annual payment shall be made in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the initial payment shall apply and the price which is applicable to that year. 2 Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. If an annual payment is not made by the due date a flat $50 late fee will be assessed. Final written notice prior to cancellation will be sent certified mail, return receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set forth in this contractllease or application. Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. If payment is not made within fifteen (15) days after the date of said written notice, Applicant shall at District's sole option have no further right, title or interest under this contract/lease without further notice, and delivery may be immediately curtailed. The allotment of water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District. Upon cancellation of this water allotment contract/lease with the District, the District shall notify the Division of Water Resources offices in Denver and Glenwood Springs. The Division of Water Resources may then order cissation of all water use. 7. Additional Fees and Casts: Applicant agrees to defray any expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8. Assignment This contract/lease shall inure to the benefit of the heirs, successors or assigns of the parties hereto. Any assignment ofthe Applicant's rights under this contract/lease shall be subject to, and must comply with, such requirements as the District may hereafter adopt regarding assignment of cxntract/lease rights and the assumption of contract lease obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment contracts/leases. No assignment shall be recognized by the District except upon completion and filing of proper forms for change of ownership. Upon the sale of the real property to which this contract/lease pertains, Applicant has a duty to make buyer aware of this contract/lease and proper fomes for change of ownership must be completed. 9, Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law. 10. Operation and Maintenance Agreement; Applicant shall enter into an 'Operation and Maintenance Agreement" with the District under terms and conditions determined by the board of Directors of the District, if and when, the Board of said District determines in its sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for additional annual monetary consideration for extension of District delivery services and for additional administration, operation, and maintenance costs; or for other casts to the District which may arise through services made available to the Applicant. 11. Change ofUse: 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 car water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this contract/lease. 3 12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described in the documents submitted to the District at the time this contract/lease is executed, or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, shall be deemed to be a material breach of this agreement. 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 av opted conservation practices with respect to the water and water rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict actual diversions to not exceed the Contract/Lease amount, which provides water (on the formula of one acre foot per dwelling) for ordinary household purposes inside one single family dwelling, the watering of domestic livestock, fire protection, and the irrigation of up to 6,000 square feet of lawn and garden. Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Watering of livestock shall be restricted to Applicants domestic animals not to be used for commercial purposes unless Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestock watering at a horse boarding facility, provided that in no event shall actual diversions exceed the amount of water provided by this ContractfL.ea<se. Violation ofthis paragraph 15 shall be deemed to be a material breach of this Contract/Lease. 16. Well Permit If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well permit before District is obligated to deliver any water hereunder. 17. Measuring Device or Meter. Applicant age to provide, at its own expense, a totalizing flow meter with remote readout to continuously and accurately measure at all times all water diverted pursuant to the terms of Applicant's water right and the terms ofthis ease. Applicant agrees to provide accurate readings from such device or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result in legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. By signing this contract, Applicant hereby specifically allows District, through its authorized agent, to enter upon applicants property during ordinary business hours for the purposes of determining applicant's actual use of water. 18. Representations: By executing this contract/lease, Applicant agrees that it is not relying on any legal or engineering advice that Applicant may believe has been received from the District. Applicant further acknowledges that it has obtained all necessary legal and engineering advice from Applicant's own sources other than the District. Applicant thrther acknowledges that the District makes no guarantees, warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this contract/lease. 4 Should the District be unable to provide the water contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund from the District. 19. Costs of Water Court Filing and Augmentation Plan: Should the District, in its own discretion, choose to include Applicant's contract/lease herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceedings. Applicant shall be assessed a pro -rata share of the total cost incurred by the District in preparing, filing and pursuing to decree the water court case. The pro -rata share shall be calculated by dividing such total cost by the number of contractees/lessees included in the filing. To the extent that the District is caused additional costs because of objection filed specifically due to the inclusion of Applicant's contract/lease in the filing, such additional costs may be charged specifically to Applicant and not shared on a pro -rata basis by all contractees/lessees. 20. Binding Agteement: This agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application and Data Form to Lease Water From West Divide Water Conservancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. All correspondence fin= the District to Applicant referring to or relating to this agreement is by this reference incorporated into this agreement as further terms and conditions of this agreement. 21. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACTILEASI. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN TETE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. 22. AREA B. CONTRACTS/LEASES: IF APPLICANTS WELL OR OTHER WATER RIGHT THAT IS THE SUBJECT OF THIS CONTRACT/LEASE IS LOCATED OUTSIDE "AREA A" AS DESIGNATED BY THE DISTRICT, THEN THIS PARAGRAPH APPLIES. THE AUGMENTATION WATER PROVIDED BY THE DISTRICT UNDER THIS CONTRACT MAY ONLY PROTECT APPLICANTS WATER RIGHT' FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER SENIOR RIGHT. NO REPRESENTATION OTHERWISE IS MADE BY THE DISTRICT, IF THIS IS A CONCERN TO APPLICANT, THIS CONTRACTILEASE MAY BE RESCINDED UPON WRITTEN NOTICE DELIVERED TO THE DISTRICT BY TETE APPLICANT WITHIN THE NEXT 30 DAYS FOLLOWING THE AFFIXING OF SIGNATURES ON THIS CONTRACT/LEASE IN WHICH EVENT ALL SUMS PAID BY APPLICANT FOR THIS CONTRACT/LEASE SHALL BE IMMEDIATELY REFUNDED TO APPLICANT. 021,,z-viL rwok_ ,i/q0c Applicant Applicant STATE OF COLORADO ) COUNTY OF GARFIELD ) SS. The foregoing instrument was acknowledged before me on this � day of 5 4-p4 C r -y^, er , 20M by Q- -loci e r k n. e r0-- . Witness my hand and official seal. My commission expires: c /� ORDER Public YY After a hearing by the Board of Directors of the West Divide Water Conservancy District on the application, it is hereby ORDERED that said application be granted and this contract/lease shall he and is accepted by the District. ATTEST: y Y w,J -- Secretary this contract/lease: WEST DIVIDE WATER CONSERVANCY DISTRICT President Date This contract/lease includes and is subject to the terms and conditions of the following documents which must accompany 1. Map showing location of point of diversion (use map provided) 2. Application and Data Form fully completed and signed 3, 6 COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST., RM. 818, DENVER CO 80203 phone - info: (303) 866-3587 main: (303) 866-3581 NEW 35+ ACRE RESIDENTIAL T=CEOVE© g.P Q7 '013 4 _ ��,«;fS rs;p Water Well Pelrmit:Application Must be completed in black ink or typed 1. APPLICANT INFORMATION 6. USE OF WELL (check appropriate entry or entries) Name of applicant Alpine Mountain. Club c/o Craig Nelson LJ A. Ordinary household purposes in up to 3 single-family dwellings, the watering of domestic animals, and the irrigation of not more than one (1) acre of home gardens and lawns 0 B. Livestock watering (an fammhanchlrangetpasture) Mailing Address PO Box 2435 City - Dillon state • CO Zip code 80435 Telephone Number (include area code) 970-468-9240 7. WELL DATA MAXIMUM PRODUCTION RATE OF THE WELL SHALL NOT EXCEED 15 GPM 2. TYPE OF APPLICATION CONSTRUCT A NEW WELL ON A TRACT OF LAND OF 35 ACRES OR MORE 8. TYPE OF RESIDENTIAL SEWAGE SYSTEM C J Septic tank 1 absorption leach field 0 Central system District name: 3. REFER TO (if applicable): N/a 0 Vault Location sewage to be hauled to: Monitoring hole act nowledgment # 0 Other attach copy of engineering design) 4. LOCATION OF WELL County Garfield ' Quarter/quarter SE/4 , Quarter SW/4 9. PROPOSED WELL DRILLER (optional) Name Shelton 'Drilling License number 1095 Section 35 Township Nor 5 7 0 ID Range E or W 90 • El Principal Meridian 6th P.M. 10. SIGNATURE of applicant(s) or authorized agent Distance of well from section lines 1150 ft. from 0 N El S 2000 ft. from 0 E 4 w 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 to my knowledge. Well location address, if different from applicant address (if applicable) No street address, access CRD 117 5. TRACT ON WHICH WELL WILL BE LOCATED Must be original signature / r'" 1 A. SE/4 of SW/4 Sec. 35, Twp.7S., Rng. 90 W., 6th P.M. ATTACH LEGAL DESCRIPTION FOR 35+ ACRE TRACT 0 Development Name Title r r t, A vole A rL, ne.Pt Date 0 ce Use Only DWR Map No. DIV Lot no. Unit # O Other : CO B. STATE PARCEL IN (optional): WD C. # acres in tract 40± 1 BA D. THIS WILL BE THE ONLY WELL ON THIS TRACT USE MD onn u w ,-3u ',f1 -0D 01:30P September 4, 2000 2102 West Arapahoe Or+ve Littleton, CO 80120 ENARTECH, Inc. Attn: Mr. Peter Belau P.Q. Drawer 160 Glenwood Springs, CO 81602 Re: $ubdiy stop l;xemre Garfield RanchC+orno,gay Attachments: (1) Warranty Deed from Morrison Ranch Company to Gene R. Hilton dated May 20 1971 and etcarded in Book 419 at Page 248. (2) Warranty Deed from Carl O. Short and Virginia Short to Gene R. Hilton dated April 14, 1972 and recorded in book 429 at Page 422. (3) Warranty Deed from Morrison Ranch Company to Gene R. Hilton dated May 15, 1972 and recorded in book 430 at Page 597. (4) Warranty Deed from Gene R. Hilton to Marathon Oil Corporation dated November 21, 1985 and recorded as Reception No. 366796 in Book 679 at Page 313 (5) Garfield Ranch Company limited partnership agreement dated September 13, 1973. (6) Quit claim deeds dated May 3. 1973 and recorded in Book 444 at Pages 57 and 58. Dear Mr. F,elai is I acquired the lands described in attachments 1, 2 and 3 during 1971 and 1972. Prior to December 31, 1972, i contributed 400 acres to Ranch Investment Corporation and entered into a Garfield Ranch Company partnershp agreement in the partnership agreement, dated September 13, .972, I agreed to contribute land to the Garfield Ranch Company limited partnership, to option land to the partnership and also to exchange land to the partnership. The contribution land, option land and exchange lands were later Quit claimed to the partnership in deeds dated May 3, 1973. For purposes of evaluating applications for subdivision exemptions, Garfield County Subdivision Regulations refer to how the applicant's parcel existed in the records of the Garfield County Clerk end Recorder's office on January 1, 1973. A Subdivision Exemption Application associated with the 160 -acre tract needs to be submitted to Garfield County prior to September 13, 2000. 7_04 Recorded at 10:19 .o'clock—L/" May 3, 1973 Reception No. 258106 Ella Ste�hers.s_�.._.-..Pa457 Page ...._. - — .t._Recorder. �'i�57 T>3ts 1}EED,made this 17th eau �# between GENE R. HILTON April 19 73, of the County of Garfield and state of Colorado, of the first part, and 1 GAR yilD RANCH COMPANY, a Limited Partner - e! the County of Garfield and state or Colorado, of the second part, WITNESSETH, That the said part y of the firstp� part, for and in consideration oftge ******�a * a n e Ten Dollars and other good and valuable consideration k ����� to the said part y of the first part in hand paid by the said part y of the second part, the receipt whereof is hereby confessed and acknowledged, ha s remised, released, sold conveyed and QUIT CLAIMED, and by these presents does remise, release, aell, convey and QUIT CLAIM unto the said part y of the second part, their heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said partY of the first part ha 8 in and to the followingdescribed lot orparcel of land situate, being in the lying and county or Garfield STATE CQCilinfli7ART FEE MAY 3 ig73 NE 1/41 the SW 1/4 and the N 1/2 of and the5tate SEef1/4olrSWt�1/4 and the SE 1/4 of the SE 1/4 SW 1/4 of Section 35, Township 7 South Range 90 West of the 6th P.M,, County of Garfield, State of Colorado, except water rights, if any, appurtant to the above described property. TO HAVE AND TO HOLD the same together with alt and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said part Y of the first part, either in law or equity, to the only proper use, benefit and behoof of the said Part ) of the second part, the it heirs and assigns fore r. IN WITNESS WHEREOF, The said part y of the firs .art ha sJ hereu�{tp gt his hand and seal the day and year first above written. Signed, Sealed and Delivered in the PABence of STATE OF COLORADO, City & County of Denver %he foregoing instrument was acknowledged before me this �� 33 , by* GENE R. HILTON My commission expires 23rd day of 7 - 24 - , 19 75. Witness my hand and official seal. [SEAL] -- ...... [SEAL] _...._.__[SEAL] April Notary Ratak. „- !-''! pereoa or persona bare lawn acne or aamee; If by person eating 1n represeatative or official capacity ar ae then insert name of per,'arl ae executnnr. attrney-to-fast of other eapactty ar description; If by officer of nor - Insert nam, or such r officers as the Freakier!. {dept or other nfff.aer,' aC l o:.wu.elrQu. Cot„enc 11$-e-1 Colt, .evlaea Statute,' 1Ye.9. art�nr=4tea. naming !t—Statutory No. 933. QUIT CLAIM Ann.—lir* .or* Pebnrbia; 132/-10 Stet Htre,'t, Dedra, Gm]ora3D--ie- x w Q. E. 8 CC Book 444 Page 58 Retarded et. 10:20 oclooY Am., May 3 r 1973 Reception No. 2.81.p? Ella Stephens.s. Recorder. Ale Pe, rlr, THIS Dem, Made this 17t11 day of April •1173 between GENE R. HILTON of the County of Garfield and ■tate of Colorado, of the first part, and GARFIELD RANCH COMPANY, a Limited Partnership $IA1E G0009I ARY FEE of the 8> iiill2$D and state of Colorado, of the second part, WITNESSETH, That the said part of the first part, for and in consideration of the warn of TEN ($ 10) and other good and valuable consideration-___ _ - _q_ DOLLARS - to the said part y of the first part in hand paid by the said part y of the second part, the receipt whereof is hereby confessed and acknowledged, ha S remised, released, sold conveyed and QUIT CLAIMED, and by these presents does remise, release, Gell, convey and QUIT CLAM IM unto the said part y of the second part, their heirs, mccessors and assigns, forever,all the right, title, interest, claim and demand which the said part y of the first part ha S in and to the following described lot or parcel of land situate, lying and being in the County of Garfield and State of Colorado, to wit: West % of the SWk and the SWk of the SES SW4 of Section 35, Township 7 South, Range 90 West of the 6th P.M.; County of Garfield, State of Colorado, reserving unto First Party, his heirs, successors and assigns an easement for ingress and egress over and across the existing road situate on the above described property, except all water rights, if any,. appurtant to the above described property. TO HAVE AND TO HOLD the name, together with all and aingular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said part y of the first part, either in law or equity, to the only proper use, benefit and behoof of the said part y of the eecond part, theirheirs and assigns forev r. IN WITNESS WHEREOF, The said part y of the first art hes 4 here ito set his hand and sea/ the day and year first above written. ene-f./r�.. Signed, Sealed and Delivered in the Presence of STATE OF COLORADO, City and county of Denver ea. The foregoing instrument was ac1oiowledged before me this i9 73 , bye GENE R. HILTON _......[SEAL] .[ SEAL] [SEAL] 23rd daypf April,. \iy commission expires 7 - 24 19 75 . Witness my hand and official seal. • Notary FatJSa. 'If by nature! person or persona here Insert name or name.; is by parson acting to representative or official capacity or as attr,rney-lr.l.rL then tnaert name of person a' otecutor, attorney -Infant of Other rapacity or description: if by officer OS oor- porsrlon. then Insert Hams of such .'',r or officer'. as the president er otber officers of such poraelon, nar ttpw IL—statutory icScoluledpen,gnl, Sec 118.6-1 Color R.vtaed Stattttam 1661. N . W 0 1 w .e N 6 rY lure WARRANTY DEED GENE R. HILTON and MARY 30 H'.LTON, husb •. wife ("Grantors"), of the County of Arapahoe and State of ^.olorado, for the consideration of Ten Dollars and other valuable consideration. in bard paid, hereby sell and convey to Marathon C.l Company, ("Grantee"). whose address is 7404 South Broadway, P.O. Box 259, Littleton, Colorado 80160, certain real pr‘perty situate In the County of Ga.field and Stets of Colorado, more particularly described In Exhibit A attached hereto and incorporated by this reference, (hereinafter referred to as the "Conveyed Land"); TOGETHER WITH all appurtenances to the Conveyer Land and the rents, issuea and profits thereof; nc a12 cAaritt5 EY22SE . Hair Dee. I' ea EXCEPTING AND RESERVING to Grantors the! water and water rights described in Exhibit D attached hereto and incorporated by this reference, together with ditches and ditch rights, and other structures appurtenant to or used in connection with said water rights (the "Reserved Water Rights"); AND EXCEPTING AND RESERVING to Grantors, their heirs and assigns, the rights to all of the oil, gas and ether minerals in and under, and that may be produced from, the Janda described in Frchibit C attached hereto and incorporated by thir reference (the "Retained Minerals"), to,ether with rights of ingress and egress, for exploration. production and removal of oil, gas and other hydrocarbons and minerals as are reasonably necessary to the successful exploitation of said mineral interests; provided that Grartors, for themselves, their heirs and assigns, covenant to reclaim ray disturbance to the surface of the Conveyed Larc resulting from exploration for or exploitation of the Retained linerals as required by federal, state and local law; and further provided that Grantors covenant for themselves, their heirs and assigns that any such exploration for or exploitation of the Retained Minerals shall be exercised so as not to unreasonably interfere with the intended use if the surface of the Conveyed Land for Wildlife habitat and marsgement; AND FURTHER EXCEPTING AND RESERVING to Grantors, easements for use in connection with the Reser~•ed Water Rights as follows: (i) an easement for roadway, util:r,r and pipeline purposes, not to be wider than forty (40) feet or narrower than twenty-five (25) feet, beginning at a point on the westernmost boundary of the W,,kNW1/2 of Section 21, Township 7 South, Range 90 West of the 6th P.M.. where the public road, as shown on Map re.orded August 24. 1924 as Reception No. $8417, intersects said b.-undar}, thence said easement evil' extend easterly across the Con"eyed Lands approximately as depicted on Map attached hereto as Exhibit E and +icorpo- rated by this reference. (it) an easement for a reasonable work area, not to be greater than one huncred (i00) feet by one hundred (100) feet nor less than one hundred (100) feat by fifty (30) feet, around each pump station. uLility stetion or related ftcility required to transport water through a pipeline to be cor•at_.icted within the easement described in paragraph (i) !move. - 1 !Tx C79 ter 314 (iii) So war as possible, consistent with the rights retained by Grantors hereunder, the foregoing easements for roadway. utility. pipeline and work area purposes reserved ie connection with the Reserved water Rights shall be used in a manner which minimizes the impact of such eae►eeeents or uses upon the surrounding land. Grantors hereby retain and reserve the right to construct, reconstruct, and perform s•heduled maintenance and emergency eenairs, over and upon the easements describes in paragraphs (17 and (ii) above, subject to the following; 1. The initial period of co.•struction of the road, pipeline, pump stations. utility stations and related faciliiiet (all of which are hereinafter tsrgether referred to ase the "Pipeline"), shall not exceed 150 conaecutive ave. plus such additional time as may be necessftater by delays beyond the control of Grantors. Grantors agree that or. -:e construction is commenced it will be diligently prosecuted to completion. 2. If recon.truction, defined as replacemen of all or a substantial portion of the Pipeline or n significant component thereof, becomes necessary, Grantors shall hati►e the right to perform such reconstruction, but agree to commence such recotistruction promptly and diligently prosecute it to completion. 3. kegularly scheduled inspection, maintenance and repnir of the Pipeline may be carried out as determined by Grantors' engineer or by ..ny utility company involved. Grantee or its successors or assigns shall be informed of the inspection, maintenance and repair schedule, which shall be subject to Granteee's prior approval, which shall not be unreasonably withheld or delayed. To the extent reasonably practicable, no major maintenance or repairs will b, performed during the period from September 1 of each year through May 31 of the following ,year.. 4. Grantors shFli at all times be entitled to access co the Pipeline far the pr'rpose of dealing with any emergency arising in corirecti.n therewith, and shall he entitled to perform such rewire and „econstruct;on as may be required to meet such emerre.icy. The foregoing easements shall int u: used for any purpose other than pipeline and utility p,rrposes in connection with use of the ret..ined water rightsincluding, but not limited to, pipeline conatruct'•.n, pipeline maintenance, pipeline operation. utility line construction and maintenance, and for administrati•►e purposes associated with pipeline and utility construction, maintenance and operation. The exact location of the cep..eri'_ne of the pipeline easement described in (i), above, shall be as the same is marked with rebar on the Conveyed Land on rhe date of this deed. The easement? described in (i) and (ii) above shall be for a term of ten (10) years only; PROVIDED, HOWEVER, that said easement shall become perpetual upon placing of record a written document signed by Grantors (or their heirs. succrasors or assigns), and Grantee (or its► successors or assigns) containing a legal description of said easements based upon a survey describing their exact locations and 2 1 to 679 netSLS dimensions. The exert location and dimensions of the essorent described in tit) above shell be subject to prior approval of the Grantee, its successors or assigns, prior to ure thereof for construction and operation of pump stations and utility ■tationa described in paragraph (ii) above, which approval shall not be unreasonably with`_ield. The Grantee. its successors or assigns shall in no way be responsible for provision of the casement location survey herein re:orenced. By acceptance of this deed, Grantee, for itself, its successors and assigns, covenants that it shall not. irrigate with water from sources tribi.tsry to the Garfield-Sa1dy Creek -Colorado River system any of the conveyed lands historically irrigated by Grantors without first obtaining a court decree approving same. The wit'sin cc .vveyance it subject to the exceptions, reservations, an.s easements set forth in Exhibit E attached "Aereto and incorporated by this reference (the "Permitted Exceptions"), to the lien for 1985 general taxes and to the easements and reservations sot forth above and to a restriction that Grantee, his successors or assign,, in the event of development of the conveyed lands, shall prov+.de for dog control 'by restrictio.sg dogs to premises of the property owner and under leash control at ell other times) within the warranty de+ds, protective covenants or other ordinances governing the subdivision of ti.e Conveyed Lands. grantors warrant title to the Conveyed Land subjecr to the Permited Exceptions and the described liens for 1985 taxes, easements, and reservations. Grantors, by execution and delivery hereof, furthet covenant and agree for themselves, their heirs, successor* and assigns, that development of any property retained by Gene R. Hilton or Mary Jo Hilton adjacent to the Conveyed Land shall be restricted by providing for dog control (by restricting dogs to premises of the property owners or under leash control at all other times) Within the warranty deed, protective covenants or ot; 2r ordinance, governing the subdivision of such retained real prop3rty. EXECUTED THIS ZEsr day of Gene . Hilton Mary 2ilton STATE OF COLORADO ) . SS COUNTY OF Peewee/It ) The foregoing instrument was acknowledged be*.ore me this .?jatday of Alerpwmi=,* 1983, b;' GENE R. HILTON and MARY JO HILTON, husband and wife. WITNESS my hand and official seal. Gc:-.anrne Ccr+•,•r.Y C. SEA j; . ti. ..1 3 NOTAR PUB ' C My Commission Expirea. G79 nct316 Ribibit "A" Pepe 1 of 1 CONVEYED LAND =CAL DZSCEIrrtoN1 Covering Land in the State of Colorado, County of Garfield, Described est PARCEL "A" Tovn.hio 6.Sr.r.icil, Range 91 'Vest of the 6th Princi,ial Meridian Section 9: NWi E% PARCEL "I" Township 7 South, Rangy 90 Vest of the t .h Princtpel Meridian Stephens Ranch Section 16: S%S% Section 21: All Section 22: SW% . Section 27: NA, SW% Section 26: NE %, Ele0V%, SE% Morrison Ranch Section 15: SNS, W1 SE% and SF'.UE% Section 22: SE%, lid Section 76: WWW%, SWItMa, SW and SWC SE. Short Ranch Section 23: S% Section 24: SV1E, SVhSEh and Lot 4 Section 25: Lot 1, NhNiih and RWW,E% Section 26: R%NES 4 Pors M9 PI t i, EXHIBIT "r" PACE 1 of 4 PERMITTED EXCEPTIONS 1. Right of way for ditches or canals constructed by the authority of the United States and all the cos: and other minerals in the lends so entered and patented, together with the right to prospect for, mine ^nd re:aove the same pursuant to the provisiora and limiteticns of the Act of December 2", 1916 (39 Stat. 862) all am recurred in United States Patent recorded December 22, 1936 in Book 172 et Page 587 (Affects the NE4 and E4NW4 of S.TR:.m 28, in Township 7 South, Range 90 West of rig. 30) P.M.); es reserved in United States Patent recorded April 2, 1941 in Book 194 at Pate 634 (Affects the NW4SE4 of Section 21; SW4 of Section 27; the SE4 of Section 28 all in Township 7 South of Range 90 West of the 6th P.M.); as reserved in United States Patent recorded November 9, 1446 in Book 222 at rage 297 (Affects the S4S4 of Section 16; NW4. SA Ek. 5W/, and the WjSE4 of Section 21 in Township 7 South of Range 90 Weet of the 6th P.M.); as reserved in United States Potent recorded November 28, 1936 in Book 172 at Page 585 (Affects the SW4 t,f Section 15, and the Nk and the SE4 of Section 22 in Township 7 South cf Range 90 West of the 6th P.M.); es reserved in United States Patent recorded August 10, 1939. in Book 194 at Page 578 (Affects the N.NW%, SW.NW. , SW1SE1 end the SW4 of Section 26 in Township 7 South of Ran;e 90 West of the 6th P.M.); as reserved in United States Patent recorded October 28, 1939 in Book 194 at Page 587 (Affects Lot 1, WW1/4, and the NW4NE'4 of Section 75 in Township 7 South of Range 90 West of the 6th P.M.); as reserved in United States Patent recorded October 13, 1939 in Book 194 at Page 584 (Affects the NLI' of Section 17; :rt'W4 of Section 22; and the E4NE1 and the E4SEk of Section 21 in Township 7 South of Range 90 West of the 6th P.M.); as reserved in United States Patent recorded November 7, 1939 in 3ook 194 at Page 592 (Affects the S4 of Section 23; Lot 4, SW', SW1 SE% of Section 24; and the N4NE4 of Section 26 in Township 7 South of Range 90 West of the 5th P.M.). 2. Right of way for ditches or canal,' constructed by the authority of the United States. and excepting and reserving all the oil and gas in the lands so patented, and to it, ur persons authorized by it, the right to prospect for, mine, end remov- s,uch deposits from the same upon compliance with the conditions and sub;ect to the provisions ind '_imitations of the Act of July 17, 1914 (38 Stat. 509), all ars reserved in United States Patent recorded July 25, 1956 in licok 794 at Page 275. (Affects W4Stk and SEkSE4 of Section 15, Township 7 South, Range 9C West of the 6th P.M.). 3. Right of way far ditches or carrels constructed by the authority of the United States and right of the proprietor of a vein or lode to extract and rer.ve his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent and recorded April 16, 1924 in Book 73 at Page 180. (Affects the NW1SE4 of Section 9. Township 6 South, Range 91 West of the 6th P.M.). 5 r it tro 61,0 minla 1f1.HtsI7 "8" P402.2 of 3 4. Right of way for roads disclosed byrosdviewees reports recorded July 7. 1890 as+ Reception No. 105671 .iuly 25, x944 as Reception No. 17518t and of deed recorded July 24, 1694 in Book 38 at Page 124. (Affects ParOSI "A"). S. Right of way for road purposes as set forth in Road View}r'a Report recorded September 18, 1924 in Book No. 2 at Page 80 and on Map of a 60 foot Wide County Road Up West Garfield or Baldy Creek recorded August 24, 1924 es Reception ?.... 80417, through N!1/4 NEI/4 of Section 20, N1/2 NEI/4 of section 21 in Township 7 South, Range 90 West of the Gth F.M. in which the specific locsi•ion Of said road is not given. (Affects Parcel "B.). 6. Easement and right of way for electrical transmission ptrposer, as evidenced the conetr•uction, operation and— maintenance nd .maintenance of an electrical transmissive line over. and' across the NW1/' r`'1/4 of Section 9, Teanship 6 SOe the. Range 91 West of the 6th Principal Meridian by the Holy Gross Electrical Association. (Affects Parcel "A"). 7. An undivided 1/2 interest in all oil, gas and other: n.ine;ala reserved by the Federal Land Bank of Wichita in thn deed recorded October 30, 1943 in Book 206 at Page' 463, and any and all assignments thereof or interests therein. (Affects Parcel "A") 8. Oil and gas lease between Snyder Oil Company and Gene R. Hilton recorded octaber 5, 1931 in Book 562 at Page 706. and any and all assignments thereof or interest therein.: (Affects Parcel "A"). 9. An undivided 1/2 Production Royalty reserved for a period of 15 years from May 30, 1972 by Morrison Ranch Co. in deed recorded June 2, 1972 in Book 431 at Page 397. (Affects Parcel "A"). 10. Terms, agreements, provisions, conditions and obligations as contained in the Cactus Valley Unit Agreement, the Nov Castle Unit Agreement, the Baldy Creek Unit Agreement or„ anv other Unit Agreement, which has been or may be formed according to the Mineral Leasing Act of February 25, 1920, 41 Stat. 437, an ascended, 30 U.S.C. Sec. 181 at seq., which authorizes Federal lessees and their representatives to units with each other, or jointly syr. &aparately with others, in collectively adopting and operating a cooperative or unit plan of development or operation of any oil or gas pool, field, or like area, or any part thereof for the purpose of more properly conserving the natural resources thereof wh..never.• determined and certified by the Secretary of the Interior to be necessary or advisable in the public interest. . 11. Reservation of a Life Estate in 6 1/4t Royalty in all _ oil, gas and other minerals by Karl 0. f•a-son and Hazel R. i.aizen in docu..ent recorded November 29. 1962 in Book 345 at Page 486. (Affects Parcels "t" and "8") 12. Deed Restriction included in Warranty Deed recorded at 3:40 o'clock P.H.. July 6, 1981 as Reception Numher 316638 in Book 576 at Page 131, which erovides that the NW1/4 SE1/4 of Section 9, Township 6 South, Range 91. West of the 6th P.H. shall not be subdivided into additional parcels. (Affects Parcel A) 679 01f1319 EXHIBIT "B* PAGE 3 OF 1 13. Right of way for the Moore Ditch, Read and Hudson on DDitch ch as disclosed by varinun documents of roc Reception Numbers 3253, 6201 and in Dora 14 at Page 298. (Affects Parcel "A") . 14. Easement and right of way for the iiudaon and Sullivan Ditch as disclosed by document recorded January 30, 1888 as Reception No. 6201 and recorded September 8, 1888 in Book 19 at page 204. (Affected Parcel A"i 15. bight of way for the continuance flow of Garfield Creek and its existing tributaries. 16. Right of way for the continuance flow of Baldy Creek and its existing tributaries. 17. Sutrj•Ct to any tax, assessments, tees or charges by reason of the inclusion .` the subject property in the Grand. River Hospital Dist_ict, the West Divide Water Conservancy District, the Silt Rural ?ire Protection District, the Mt. Sopris Soil Conservation District and the South Side Soi,, Conservation District which may accrue after Closing. 18. Rights of way for Garfield Springs 1, 2 and 15, the McHirney Spring and Pipeline, Forest Springs 1 through 18, the Hudson and Sullivan Ditch and the Read and Hudson Ditch insofar as the same may affect subject property. 19. Any claim to an easement or right of way for ruadway purposes over and across the existing roadway located in the SWI/4 SW1/4 of Section 21 and the E1/2 NW1/4 of Section 28, Township 7 South, Range 90 West of the 6th Principal Meridian. 2). Any claim to an easement or right of way for roadway purposes over and across the existing roadway located in the N1/2 of Section 21 and the N1/2 of the Section 22, Township 7 South, Range 90 West of the 6th Principal Meridian. 21. M,.,rtgage from Gene R. Hilton and Mary Jo HiIr'on to Travelers Indemnity Company to secure $1,600,000.00 dated October 1, 1975 and recorded October 6, 1975 in Book 479 at P.le 425A. Parti;,l Release Agreement recorded December 10, 1979 in Book 540 at Page 697, Reception No. 300084. Mortgage Amendment recorded August 24, 1984 i.1 Book 655 at Paga 139. 7 i 1 3 ••••• tr19 NI3110 =man Nes PIM 1 of I- R211.111119 MINIAALS'' psjapjTosrSouthise Tl Section 9: WWkSEk Township 7 South. RaoR421ELAgalthecialNetida Section 1$: WbSEk and 5EkSEt 1 — ' Subject to thee prior reservation of a Life Estate In Wel royalty in all oll, gas and other minerals by Karl 0. Larson and Nagel', e R. Lamp in Document No. 219570 recorded in Rook 145 at Pape 486 in the records of the Clerk and Recorder of Garfield . '-' County. t--" • • N'e -"f • k • • s,11 f;"9 m4021. RTRISIT "D" PAGE 1ef2 RESERVED WATER R1CfTPS The Granter ham elected not to acquire any of the water rights previously reserved by Grantors in Wsrra..y Deed recorded in Book 576 et Page 131, Reception No. 316638 at 3 40 P.M. on July 6, 1481. The following rater rights are specifically reserved by Grantoa for use by Grantor, his succaaaors or assigns: Court Priority timber 1 3 11 12 14 22 43 54 74 73a 109e 109b 109c 117aass 138■ 140aa 145ra 16 Dom 17 Dana 172a 1'"Zb 172c 172e 1721 172o W-3261 W-3261 W-3261 w-3261 Worm of 'Di tale Murray and Y'Ule Metre Moray and h Oe Dow Moots eurrey and Ta. e Hanson and Sullivan Nerd, Dm!. Taylor Meson end Sullivan Joe 7mylor ODo.ey 1o. 3 Corley Nu. 1 Cooley No. 2 Yule and Cooley 0wire Springs ' i 2 5taroudc and Paxton GbioneMoBirney r Spring PL Larson Spring PL Murray and YUlt Dow Dillon and Sullivan .3o& Taylor Yule and Cooley Starbuck and Paxton Garfield Springs No. 1 through 18 Forest Springs No. 1 through 12 Lawson Spring MoSitney Spring Date of „ Pr'ioritY, carrree C3abie Peet/Second Percent To tar of Decreed Retained trioritY, 06/10/81 05/05/88 2.83 1.89 66.71 06/15/82 05/05/88 0.25 0.20 60.04 05/02/83 05/05'b`. 1.50 1.00 66.74 05/05/83 05/05/88 1.20 1.20 140.04 06401/83 05/05/88 1.33 1.33 100.01 04/25/64 05/05/88 4.00 2.67 66.71 11/15/85 05/05/80 3.00 3.00 100.0% 05/25/66 05/05/F8 2.08 1.39 66.7% 04/01/87 05/05/88 1.67 0.47 28.01 '',".!7/87 05/05/1F 0.40 0.00 0.04 03/25/90 12/20/93 0.20 0.20 100.0% 04/13/'90 12/20/93 2.00 2.00 110.01 07/18/80 12/20/93 0.80 0.80 100.0* 1212W93 03/06/06 3.20 0.00 0.03 06/16/06 1-1/ 14/10 1.48 0.00 0.0% 08/15/06 04/25/14 1.00 0.00 0.0% 04/12/12 11/10/13 0.2.2 0.22 100.0% 05/01/00 07/23/41 0.06 0.06 100.04 05/01/34 07/23/41 0.26 0.26 100.01 05/01/38 07/23/41 8.82 5.88 60.71 05/01/38 07f23/41 6.55 3.28 50.0% 05/01/38 07/23/41 8.67 4.68 54.04 05/11/38 07/23/41 8.34 6.75 81.01 05/ 01138 07/2-3/41 4.91 0.00 0.04 05/01/38 07/23/41 6.10 0.00 0.03 12/29/76 Conditional Various Various 100.01 12/29/76 Conditional Various Various 100.01 12/79/76 Com5itional 0.85 0.85 100.04 12/29/76 Conditional 0.68 0.68 100.01 The retention of the water rights by Grantor and the administration of the water rights by the State Water Engineer and by the owner or his assigns will require the construction and installation of specialized diversion structures and measurement equipment. Daffy access by vehicle will be required to the heedgate and measurement equipment to read and adjust water diversion amounts and for other water management and maintenance purposes. The Grantor retains a right of way and easement for access to headgatet, diversion facilities. pipelines and other equipment described as follows: (i) An easement for roadway and pipeline purposes. not to be wider than forty (40) feet or narrower than twenty-five (25) feet from existing Garfield Creek Road (County Road Number 312) to the headgates of said Reserved Water Rights, which headgates are located on the Conveyed Lend described as the NWkSE1/4 of Section 9. Township 6 South, Range 91 West of the 6th Principal Mer4.dian. State of Colorado. County of Garfield. 9 • Kiro 619_ 100322 (it) An easement fc.: a reasonable work area, not t* be greeter than one hundred (100) feet by fifty (30) feet arcrind each of the following heedgatese (1) Mellirney Spring and Pipeline (2) Garfield Spring Po. 17 (3) Garfield Spring No. is The foregoing easements shell not be used for any purpose . other than access to headgates, to measuring devices and to pipelines for maintenance and administrative purposed'. The exact dimension of the easements described in (i) and tit), above. shell be the- ses, as are marked on the conveyed land on the date of this deed. 11. r EIHIBIT "V" PAGE 1 of 1 . • 5 • E .' • m -CO-y' • n s�� SSY / ) ! s 7 f f _ 21 7 / l." I y -;- - f .i,..---»' 1. 3#, / i r �, .� sir-- a I .1 i r ~.. ...! .--- °•. - f -"'-----.7,, / f/ 4- t f -Y co -0 LL LIMITED PARTNERSHIP AGREEMENT OF GARFIELD RANCH COMPANY THIS LIMITED PARTNERSHIP AGREEMENT made and entered into this /.':7</ day of _71,1 1972, between GENE R. HILTON, hereinafter called the General Partner and all other persons who shall execute this partnership agreement or a counterpart thereof, agreeing thereby to contribute capital to the capital of the Limited Partnership, hereinafter called the Limited Partners. The General Partner and the Limited Partners are sometimes hereafter referred to collectively as the "Partners". There is hereby formed, subject to the terms hereof, a limited partnership under the provisions of the uniform Limited Partnership Act of the State of Colorado (0.O4-2-1 et seq., Colaraeo Revised Statutes of 1963). 1. NAME. The name of the Partnership shall be "GARFIELD RANCH COMPANY". 2. CHARACTER OF BUSINESS. The purpose of this partnership shall be to acquire, awn, improve, lease, hold for investment, sell, trade real• and personal property located in Garfield County, Colorado, and hold mortgages or liens thereon. 3. PRINCIPAL PLACE OF BUSINESS. The principal place of business of the partnership shall be at the General Partner's office at The Holiday Inn, Glenwood Springs, Colorado. Such principal place of business may be changed from time to time provided written notice is given to each partner and appropriate filings giving notice of any such change are made as may be required by law. 4. THE NAMES AND ADDRESSES OF PARTNERS. The names and places of residence of each member of this partnership are as follows: GENERAL PARTNER Gene R. Hilton 2102 W. Arapahoe Drive Littleton, Colorado 80120 LIMITED PARTNERS The names and places of residence of Limited Partners shall be set forth in Exhibit "A" attached hereto and made a part hereof. 5. TERN OF PARTNERSHIP. The term of this Partnership shall commence as of the date hereof and shall continue for a period of ten (10) years and shall automatically be renewed for two successive five (5) year periods unless on or before sixty (60) days prior to the expiration of the original term or any successive term, any partner shall give written notice to the other Partners terminating the partnership at the end of such term. Notwithstanding the above, this partnership shall terminate at such time as when all partnership assets have been distributed to the Partners. 6. CONTRIBUTIONS BY PARTNERS. A. General Partner The General Partner shall contribute 72 acres of real property located in Garfield County, Colorado, said property being described on Exhibit "B" attached hereto and made a part hereof, said property to be free and clear of all liens, encumbrances and mortgages. It is agreed among the partners that the present value of the above described property is $50,400.00, and that the General Partner shall receive a 45E, interest in the partnership for his contribution. B. Limited Partners The Limited Partners shall collectively contribute a total of $61,600.00 in cash to the partnership, with the minimum investment to be made by any Limited Partner not to be less than $2,500.00.. The $61,600.00 contribution by the Limited Partners shall represent a 557 interest in the partner- ship, and each Limited Partner's share of said 557 partnership interest shall be in accordance with the ratio that their several contributions to the partnership capital bear to the $61,600.00 contributed by the Limited Partners to the partner- ship. The General Partner may also be a Limited Partner of the partnership by contributing capital as stated in this paragraph 6 (B). C. If for any reason or cause whatsoever the Limited Partners have not made total capital cash contributions to the partnership in the amount of $61,600.00 by /,./6,714- /77T, or any adjourned date agreed to by the General Partner and the Limited Partners, then any contributions made by the Partners shall be returned to them without interest. Upon such return of the above described capital contributions to the Partners, this `partnership shall be of no further force and effect, and the partnership shall terminate with the authority of the General Farther to execute a Certificate of Cancellation of the partner- ship as well as any other documents required to effectuate the Partnership dissolution. 7. ADDITIONAL CONTRIBUTIONS OF LIMITED PARTNERS. No additional contributions have been agreed upon to be made by the Limited Partners. 8. RETURN OF CONTRIBUTION OF EAC}! LIMITED PARTNER. The contributions of the Limited partners, minus any -3- losses attributed to the Limited Partners under Paragraph 9 (8) of this Agreement, are to be returned to each Limiters Partner upon the dissolution or termination of the partnership, but only after all liabilities of the partnership have been paid. 9. PROFITS AND LOSSES. Profits and losses of the partnership shall be divided as follows A. The first $12,320.00 of profits of the partner- ship shall be paid to the Limited Partners in the ratio that their several contributions to the partnership's capital bear to the total cash contributions by the Limited Partners to the partnership's capital. The next $10,800.00 of profits shall be paid to the General Partner, and thereafter 507 of the profits shall be paid to the General Partner and 50% of the profits shall be paid to the Limited Partners in the ratio that their several contributions to the partnership's capital bear to the total cash contributions by the Limited Partners to the partnership's capital. B. 457 of the partnership's losses shall be allocated to the General Partner's capital account, and 55% of the partner- ship's losses shall be allocated to the Limited Partner's capital accounts in the ratio that their several contributions to the partnership's capital bear to the total cash contribution by ehe Limited Partners to the partnership's capital. C. Profits and losses of the partnership shall be determined by the accountant employed by the partnership. 10. RICHT OF FIRST REFUSAL. In the event a Limited Partner shall desire to sell his interest in the partnership, and shall receive a bona fide offer acceptable to him he shall first do the following: -4- A. The selling Limited partner shall notify the General Partner in writing of the price and the terms of such bona fide offer. B. Within ten days after the receipt of the above notice, the General Partner shall notify all the other Limited Partners of such offer by mailing a copy of the selling Limited Partner's notice to the ether Limited Partners at the addresses shown on the partnership records. C. The General Partner and the Limited Partners shall have an option to purchase said selling Limited Partner's interest at the price and upon the terms set forth in said written notice in such proportions as they may agree upon among themselves, and each Partner will have the right to purchase at feast as much of the selling Limited Partner's interest as in proportion to his partnership interest would entitle him to distribution of partnership assets on dissolution. D. On or before 30 days from the date of notice to the Limited Partners, the Limited Partner and/or General Partner shall either (i) enter into a contract to purchase at the price and terms of the bona fide offer or (ii) notify the selling Limited Partner in writing that they do not desire to exercise the option provided in this paragraph, in which event the selling Limited Partner shall have the right to sell his interest in accordance with the aforementioned bona fide offer. In the event said selling Limited Partner shall not have consummated such sale within 90 days from the date he first gave written notice to the General Partner, the interest of said Limited Partner shall not be sold until said Limited Partner has again complied with the provisions of this paragraph. 11. SUBSTITUTED LIMITED PARTNERS . (a) Anything in this Agreement to the contrary notwithstanding, ao assignee of the whole or any portion of a Limited Partner's interest in the partnership shall have the right to become a substituted Limited Partner in place of his assignor, unless (i) his assignor shall designate such intention in the instrument of assignment, and (ii) the written consent of the General Partner to such substitution shall be obtained, the granting or denial of which shall be within the sole and absolute discretion of the General Partner. However, the General Partner's failure or refusal to grant such consent shall not affect the validity and effectiveness of any such instrument as an assignment of the right to receive partnership distributions applicable to the Limited Partner if a duly executed and acknowledged counterpart is filed with the partnership and the terms thereof are not in controvention of the provisions of this paragraph. In no event shall the consent of any of the other Limited Partners be required to effectuate such distribution. 12. LIMITED PARTNERS RIGHT TO CONTRIBUTIONS. No Limited Partner shall have the right to a priority over other Limited Partners as to contributions or as to compensation by way of income or in any manner whatsoever. 13. DISSOLUTION AND LIQUIDATION. The partnership shall dissolve upon the death, bankruptcy, removal, retirement, resignation or withdrawal of the General Partner. No Limited Partner shall have the right to demand and receive property other than cash in return for his contribution. -6- 14. MANAGEMENT AND OPERATION OF PARTNERSHIP BUSINESS. The General Partner shall have the exclusive management and control of the business of the partnership. The partnership shall pay all expenses incurred for business and operations of the partnership and its properties, including but not limited to salaries of employees performing work for the partnership properties, Maintenance, travel expenses, contracts, utility bills, advertising, real estate taxes, insurance premiums, bills for construction, alterations, repairs and maintenance of the partnership properties, legal fees and accounting fees. During the continuance of the partnership, the General Partner shall diligently and faithfully devote such time to the business as may be necessary to conduct it for the advantage of the partnership but he shall not receive a fee for said services. The General Partner may in his discretion acquire, hold, mortgage and dispose of any real property, interest thereon or appurtenant thereto, as well as personal property, including the leasing, development, improvement, maintenance, exchange, trade or sale of such property, at such price, rental or amount, for cash, securities or other property, when and upon such terms as he shall deem to be in the best interests of the partnership. 15. BOORS OF ACCOUNT AND REPORTS. At all tunes during the continuance of the partner- ship, the General Partner shall keep or cause to be kept full and true books of account, in which shall be entered fully and accurately each transaction of the partnership. Such books of account shall at all times be maintained at the principal office of the partnership and shall be open to the reasonable inspection and examination of the Partners or their duly authorized representatives. -7- Annual statements including the partnership's balance sheet and income statement, as prepared by the partnership's accountant, shall be transmitted to each of the partners. Further, within a reasonable period of time after the close of each year, a report shall be transmitted to each partner indicating his share of the profits and losses of the partnership for such year for Federal and State income tax purposes. 16. BANK ACCOUNTS. All funds of the 'partnership shall be deposited in such account or accounts as shall be designated by the General Partner; all withdrawals against such accounts shall be made by the General Partner or by its properly designated agents. 17. DEATH OF LIMITED PARTNER. The death of a Limited Partner shall not dissolve or terminate the partnership. In the event of such death the personal representative of the deceased Limited Partner shall have all of the rights of a Limited Partner in the partnership to the extent of the deceased's interest therein, subject to the terms and conditions of this Agreement; and his estate shall be liable for all of his liabilities and obligations as a Limited Partner. 18. ACTIVITIES OF LIMITED) PARTNERS. The Limited Partners shall take no part in, or interfere in any manner with the conduct or control of the partnership business, or the sale, leasing or financing of its assets, and shall have no right or authority to act for or bind the partnership. 19. ACTIVITIES OF GENERAL PARTNER. A. It is fully understood and agreed by the Partners that the General Partner, Gene R. Hilton, is the owner of a substantial amount of real property which is either adjacent to. or in the vicinity of the real property to be acquired by the partnership, and that the General Partner shall be able to continue to own said property and to acquire other real property in the area, and the General Partner shall be able to do anything with said real property as long as his activities are not illegal. B. It is fully understood and agreed by the Partners that the partnership will enter into the following transactions which might render benefits and profits to the General Partner over and above profits earned by the partnership: 1. The partnership will purchase five (5) acres of real property located in Garfield County, Colorado, from Carl Short for $13,000.00, and the partnership will further trade said five (5) acres of real property to the General Partner in exchange for eighteen (18) acres of other real property located in Garfield County, Colorado, of comparable value, presently owned by the General Partner, said eighteen (18) acres to be conveyed to the partnership by the General Partner at the same time as the General Partner makes his contribution to the partnership's capital as required by paragraph 6 (A) of this Agreement. 2. The partnership will purchase from the General Partner a five year option to purchase for $700 per acre 70 acres of additional real property located in Garfield County, Colorado. The purchase price of said five year option shall be $17,150.00 payable in advance. 3. The partnership shall make a loan to Sunlight Development Company, a Limited Partnership, in the amount of $25,450.00, said loan to be secured by a first deed of trust on 40 acres of real property ora.zed by Sunlight Development Company. The proceeds of said loan are to be used to pay off a debt owed by Sunlight Development Company to the General Partner. The terms of the loan from the partnership to Sunlight Development Company shall be the same as the terms of the previous loan from the General Partner to Sunlight Development Company. The General Partner and some of the Limited partners of this partnership also own interests in Sunlight Development Company. 20. NOTICES. All notices under this Agreement shall be in writing and shall be given to the parties at the addresses herein set forth and to the partnership at its principal office, or at such address as any of the parties may hereafter specify in the same manner. 21. CAPTIONS. Article titles or captions contained in this Agreement are inserted only as a matter of convenience and for reference, and in no way define, limit, extend or describe the scope of this Agreement or the intent of any provisions hereof. 22. VARIATION IN PRONOUNS. All pronouns and any variation thereof shall be deemed to refer to the masculine, feminine, singular or plural as the identity of the person or persons may require, 23. COUNTERPARTS. This Agreement may be executed in several counter- parts and all so executed shall constitute one agreement, binding upon the parties hereto, notwithstanding that all of the parties are not signatory to the original or the same counterpart. -10- 24. CONSTRUCTION. This Agreement shall be construed in accordance with the laws of the State of Colorado. 25. In the event the General Partner also becomes a Limited Partner of the Partnership by contributing capital to the partnership as provided for in Paragraph 6(B) of this Agreement, the General Partner's limited partnership interests will not be subject to the provisions of the Right of First Refusal as required in Paragraph 10 of this Agreement, until after December 31, 1972. 26. BENEFIT. Except as otherwise provided to the contrary, this Agreement shall be binding upon and inure to the benefit of the parties signatory hereto, their personal representatives, heirs and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. LIMITED PARTNERS: l_ Jt Signature rCapifal Contribution GE/N/Iy1.1,PltgEr IV $ 6, or, Qa Capital Contribution fi Sigr)tture $ Address Printed Name of Limited Partner /7'a 54.11 z /iJ7 Ldeenvcil Address ?o.22 Pa am t Lty Printed Name of Limited Partner 233f sTiGcfr G%7T74.c�ra, Address --rr7. 7 / /4.�' ,ci.5 Capital Contribution Printed'Name of Limited Partner +�Go -11- Signature f` $ Ca ital Coptribution 17/P1 4i Address • JN Printed Name of Limited Partner %'-cam • C -L• .-e'l -c- r Signature Address Address C)C-c'. C'r Capital Contribution Printed Name of Limited Partner Signature Printed Name of Limited Partner Capital Contribution Printed Name of Limited Partner Signature Address Capital Contribution Printed Name of Limited Partner 12- EXHIBIT "E" A.- LAND TO BE CONTRIBUTED BY GENERAL PARTNER West 1/2 of the SW 1/4 and the SW 1/4 of the SEI/4 SW 1/4 of Section 35, Township 7 South, Range 90 West of the 6th F.M. County of Garfield, State of Colorado containing 90 acres more or less being the property to be contributed to the Partnership by the General Partner in accordance with Paragraphs 9 (A) and 19 (B) (1) of this Agreement. 8. LAND TO BE OPTIONED IN ACCORDANCE WITH PARAGRAPH 19 (B) (2) OF THIS AGREEMENT NE 1/4 of the SW 1/4 and the N 1/2 of the SE 1/4 SW 1/4 and the SE 1/4 of the SE 1/4 SW 1/4 of Section 35, Township 7 South, Range 90 West of the 6th P.M. County of Garfield, State of Colorado containing 70 acres more or less. CV I e Jt • f 1` tti. r_ e r! __ 1r 14 r rr 1 ' V -J r 'a r 71-[ f:_ 4 ; o 4. .61,;; yi• rn h iOt4'y6 }� h a fit] •6n :75 676 14 I;, i. ..7..,..-_,_..1::::_,...,,..:H.am, ,`� J �j 'I il� rri . �f =l� 54 \ , l. dr I ,, , -....\t fes- �-�, ti 1 r. 14 ' 6-6 ROAD CLASSIFICATION 1 D A i T d A U u7 s r..66 t_ Z In p N Z u+4 11 cs6 1r LA x 1— + ZLa 0 Tzt y R• .0h • r.9 n 0' Rif c▪ a 26. A.6 n 6.160 00 y 66 ▪ f • .26 u - a Z. 4 N 9 wN 0 O :v-sCRIFS V817 AMS 1562 IL' • • 4 • EXHIBIT "Ber A. - LAND TO BE CONTRIBUTED BY GENERAL PARTNER West 1/2 of the SW 1/4 and the SW 1/4 of the SE1/4 SW 1/4 of Section 35, Township 7 South, Range 90 West of the 6th P.M. County of Garfield, State of Colorado containing 90 acres more or less being the property to be contributed to the Partnership by the General Partner in accordance with Paragraphs 9 (A) and 19 (B) (1) of this Agreement. B. LAND 10 BE OPTIONED IN ACCORDANCE WITH PARAGRAPH 19 (B) (2) OF THIS AGREEMENT NE 1/4 of the SW 1/4 and the N 1/2 of the SE 1/4 SW 1/4 and the SE 1/4 of the SE 1/4 SW 1/4 of Section 35, Township 7 South, Range 90 West of the 6th P.M. County of Garfield, State of Colorado containing 70 acres more or less. September 4, 2000 2102 West Arapahoe Drive Littleton, CO 80120 ENARTECH, Inc. Atte: Mr. Peter Belau P.Q. Drawer 160 Glenwood Springs, CO 81602 Re: Subdivision Exernption Application — 1C:0 -Acre Garfield Ranch Cornpanv Attachments: (1) Warranty Deed from Morrison Ranch Company to Gene R. Hilton dated May 20 1971 and r:3corded in Book 419 at Page 248. (2) Warranty Deed from Cart 0. Short and Virginia Short to Gene R. Hilton dated April 14, 1972 and recorded in book 429 at Page 422. (3) Warranty Deed from Morrison Ranch Company to Gene R. Hilton dated May 15, 1972 and recorded in book 430 at Page 597. (4) Warranty Deed from Gene R. Hilton to Marathon Oil Corporation dated November 21. 1985 and recorded as Reception No. 366796 in Book 679 at Page 313 (5) Garfield Ranch Company limited partnership agreement dated September 13, 1973. (6) Oud claim deeds dated. May 3, 1973 and recorded in Book 444 at Pages 57 and 58. Dear Mr.Eelaia: I acquired the lands dasonbed in attachments 1, 2 and 3 during 1971 and 1972. Prior to December 31, 1912, l contributed 400 acres to Ranch investment Corporation and entered into a Garfield Ranch Company partnersh p agreement. In the partnership agreement, titer September 13, ;972, !agreed to contribute land to the Garfield Ranch Company limited partnership, to option landto the partnership and also to exchange land to the partnership. The contribution land, option land and exchange lands were later suit ciaimed to the partnership in deeds dated May 3, 1973. For purposes of evaluating applications for subdivision exemptions, Garfield County Subdivision Regulations refer to how the applicant's parcel existed in the records of the Garfield County Clerk and Recorder's office on January 1, 1973. A Subdivision Exemption Application associated with the 164 -acre tract needs to be submitted to Garfield County prior to September 13, 2000. ly yours, Gene R. Hilton --- - octocY �� r:ay 3, y73 Book 444 Reception No. 258106 Elia Stejensr ._Recorder. Page 57 Tars DEED, Made this 17th day of April ,19 73 , between GENE R. HILTON 'x=' the County of Garfield and .race of Colorado, of the first part, and GAREAILD RANCH COMPANY, a Limited Partner - of the dd�� County of Garfield and .tate of Colorado, of the second part, WITNESSETH, That the said part y of the first part, for and in cons'deratio of t rq of Ten Dollars and other good and valuable consideratnion ***ta *mgr to the said part Y of the first part in hand paid by the said part y of the second part, the receipt whereof is hereby confessed and acknowledged, ha 3 remised, released, Bold conveyed and QTfl'r CLAIMED. and by theseresents does remise, release, sell, convey and QUIT CLAIM tanto the said part y of the second part., the it heirs, successors and assigns, forever, 'lithe right, title, interest, claim and demand which the said part Y of the first part ha 3 in and to the following described lot or parcel of land situate, lying and - being in the County of Garfield and State of Colorado, to wit: NE 1/4,9.S the SW 1/4 and the N 1/2 of the SE 1/4 SW 1/4 and the SE 1/4 of the SE 1/4 SW 1/4 of Section 35, Township 7 South Range 90 West of the 6th P.M., County of Garfield, State of Colorado, except water rights, if any, appurtant to the above described property. Mil COCUtiEl.i,IBY FEE MAY 3 187 z '7° TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whataoever, of the. said part Y of the first part, either in law or equity, to the only proper use, benefit and behoof of the said part y of the second part, their heirs and assigns to jf DI WITNESS WHEREOF, The said part y of the fire .ark dao o // ha . i$ his hand and seal the day and year first above written. Signed, Sealed and Delivered in the Presence of STATE OF COLORADO, City & County of Denver ThE foregoing instrument was acimowledged before me this 19 /- ,by GENE R. HILTON SIy commission exp 23rd day of 7 ^ 24 - . 19 75. Witness my hand and official seal. �.. .._ [SEAL] [SEA].] -...-.___.__.. [SEAL] [SEAL] April Notary?etc& Pariah or persons here iaeert mane or name,; It by parson toting lu repraeentativs or official capacity or LS thetf insert Hanle of person as executer, attor'nepp-In-fact of other capp la_,surled ,n rhaerl name of ouch - or officers, as rye, president or other oftk.sr capacity o deaCr4puon; if by officer of Ms- yemesr, Boa 111-6.1 Colo. ;.cubed Statutes 1963. trporatwra, /insular IL—Statutory No. 553. ourr CLAits ate.—Sr;.vrd Pohltahlaa Co- 112 -.as Stoat Suet, Dd, . twror.m—.. r cn 4.1 a s Book 444 Page 58 Recorded at 10:20 eclocl[. A -, May 3.. 1973 Reception No 258107 Ella Stephens_i_ordsr, A14 Leo, mmirr THIS DRED, Made this 17th day of April .1g7 3 between GENE R. HILTON of the County of Garfield and state of Colorado, of the first part, and GARFIELD RANCH COMPANY, a Limited Partnership $FAZE 99t1UkEiriART FEE of the $6hi[rpart and state of Colorado, of the second part, WITNESSETH, That the said part of the first part, for and in consideration of the sum of TEN ($10) and other good and valuable consideration DOLLARS, to the said party of the first part in hand paid by the said part y of the second part, the receipt whereof is hereby confessed and acknowledged, ha S remised, released, sold conveyed and QUIT CLAMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the said part y of the second part, their heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said part y of the first part ha S in and to the following described lot or parcel of land aituate, lying and being in the County of Garfield and State of Colorado, to wit: West ' of the SW3 and the SWC of the SEk SW'k of Section 35, Township 7 South, Range 90 West of the 6th P.M.; County of Garfield, State of Colorado, reserving unto First Party, his heirs, successors and assigns an easement for ingress and egress over and across the existing road situate on the above described property, except all water rights, if any, appurtant to the above described property. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said part y of the first part, either in law or equity, to the only proper use, benefit and behoof of the said part y of the second part, theimeira and assigns forev r. IN WITNESS WHEREOF, The said part y of the first art hag 4 hereyll o set his hand E � and seal the day and year first above written. rf —._. [SEAT.] 1Lton} [SEAL] Signed, Sealed and Delivered in the Preaence of STATE OF COLORADO, City and County of Tlenver The foregoing instrument was acknowledged before me this 1973 ,by GENE R. HILTON My commission expires v ,Nov•, F 9 23rd dayof April, 7 - 24 , 19 75 . W itneaa my hand and official aeal- _. [SEAL] Notary /stadia •I[ by natural person or p.rsona hero Inas[ ,turns or names; tt by harlot latku It regra..ntatty. or stud[[ Cap otter or a. attornay-In-tact then Loser( nam. of R.r.4n an •Xaelitori at[Drne -tD-f. qt o[ otter Capadty or 4.aartptson; lr by a[tloer qt oor- p,r.tIonr. than lna.rt ram. of aucn .°'�"ar or off tors. as. r,w mm.«.... �.w..... - _..- _ 18 'a a x e P1 ffi 6 r' 679 nun= , Cr ritto •• ra ROY 22 1985 0:•: s late Doe. rile { } WAPf1AM77 DEED GENE R. HILTON and MART JO HILTON. husba 6 t r'•s'. vie* ("Grantors"), of the County of Arapahoe and State of r:olorado. for the consideration of Ten Dollars and other valuable consideration. in hard paid. hereby sell and convey to Marathon C.1 Company, ("Grantee"), whose address is 7401,. South Broadway, P.O. Box 269. Littleton, Colorado 80160, certain real property situate in the County of Garfield and Ste:,e of Colorado. more particularly described in Exhibit A attached hereto and incorporated by this reference, (hereinafter referred to as the "Conveyed Land"); T0GETHEI' WITH all appurtenances to the Conveyer.• Land and the rents. ist.ues and profits thereof; EXCEPTING AND RESERVING to Grantors the water snd water rignts described in Exhibit D attact,ed hereto and incorporated by this reference, together with ditches and ditch rights, and other structures appurtenant to or used in connection with said water rights (the "Reserved Water Rights"); AND EXCEPTING AND RESERVING to Grantors, their heirs and assigns. the rights to all of the oil, gas and ether minerals in and under, and that may be produced from, the lands described in Fxhibit C attached hereto and incorporated by thir reference (the "Retained Minerals"), together with rights of ingress and egress. for exploration. - production and removal of oil, gas and other hydrocarbons and minerals as are reasonably necessary to the successful exploitation of said mineral interests; provided that Grartors, for themselves, their heirs and assigns, covena`t to reclaim r.ty disturbance to tye surface of the Conveyed Larc resulting from exploration for or exploitation of the Retained ?'inerala as required by federal, state and local law; and further provided that Grantors covenant for themselves, their heir■ and assigns that any such exploration for or exploitation of the Retained Minerals shall be exercised so al not to unreasonably interfere with the intended use of the serf'ice of the Conveyed Land for Wildlife habitat and msar%gement, AND FURTHER EXCEPTING AND RESERVING to Grantors, easements for use in connection with the Reser'.•ed Water Rights as follows: (i) an eaa.ment for roadway, utility and pipeline purposes, not to be wider than forty (40) feet or narrower than twenty-five (25) feet, 'iegir.ning at a point on the westernmost boundary of_ the W kNWk of Section 21, Township 7 South, Range 90 West of the 6th F.H., where the public road, as shown on Map re:orded August 24. 1924 as Reception No. 88417. intersects said b.undary, thence said easement shrill extend easterly across the Con•feved Lands approximately as depicted on Map attached hereto as Exhibit E and ' icorpo- rated by this reference. (ii) an easement for a reasonable work area, not to be greater than one huneared (100) feet by one hundred (100) feet nor less than one hundred (100) feet by fifty (50) feet, around each pump station, utility station or refitted facility required to transport water through a pipeline to be cor.Jt_pcted within the easement described in paragraph (i) strove. 1 So far ■s possible, consistent with the rights retained by Grantors hereunder, the foregoing easements for roadway, utility, pipeline and work sires purposes reserved is connection with the Reserved Water Rights shall be used in a wanner which minimises the impact of such easements or uses upon the surrounding land. Grantors hereby retain and reserve the right to construct, reconstruct' and perform s`heduled maintenance and emergency ..emirs,. over and upon the easements describes in paragraphs ti) and (ii) above, subject to the following; 1. The initial period of construction of the road, pipeline, pump stations, utility stations and related facilities (all of which aro hereinafter together referred to ex the "Pipeline"), shall not exceed 150 consecutive davr,- plus such additional time as may be necessitate; by delays beyond the control of Grantors. Grantors agree that or. -:le construction Is commenced it will be diligently prosecuted to completion. 2. if recon.truction, defined as replacemen_,' of all or a substantial portion of the Pipeline or n significant component thereof, becomes necessary. Grantors shall have the right to perform such reconstruction, but agree to commence such reco,structioa promptly and diligently prosecute it to completion. 3. Regularly scheduled Inspection, maintenance and repair of the Pipeline may be carried out as determined by Grantors' engineer or by ..pry utility company involved, Grantee or its successors of assigns shall be informed of the inspection maintenance and repair schedule, which shall be subject to Cranteee's prior approval, which shall not be unreasonably withheld or delayed. To the extent reasonably practicable, no major mairtenance or repairs will b performed during the period from September 1 of each year through Hay 31 of the following year. 4. Grantors shall at all times be entitled to access co the Pipeline fry the p+'rpose of dealing with any emergency arising in connection therewith, and shall be entitled to perform such rep:ira and-econstruet:on as way be required to meet such emerge.icy. The foregoing easements shall lot we. used for any purpose other than pipeline and utility pirposea in connection with use of the ret.ined water rigFtaincluding, but not limited to, pipeline construct4ein, pipeline maintenance, pipeline operation, utility line construction and maintenance, and for administrati•re purposes associated with pipeline and utility construction, maintenance and operation. The exact location of the cer_erline of the pipeline easement described in (i), above, shall be as the same is marked with rebar on the Conveyed .and on rhe date of this deed. The easements described in (i) and (ii) above shall be for a term of ten (10) years only; PROVIDED, HOWEVER, that said erssement shall become perpetual upon placing of record a written document signed by Grantors (or their heirs, successors or assigns), and Grantee (or its successors or assigns) containing a legal description of said easements based upon a survey describing their exact locations and 2 dimensions. the exact location and dimensions of the easement described ih (ii) above shall be *object to prior approval of the Grantee, its successors or assigns, prior to uta thereof for construction and operation of pump stations and utility stations described in psregrech (i€) above, which approval shall not be unreasonably with'iald. The Grantee, its successors or assigns shall in no way be responsible for provision of the sesemewat location survey herein re:erenced. By acceptance of this deed, Grantee, for itself, its successors and assigns. covenants that it ■hall not irrigate with water from sources tribt'.tary to the Garfield -Baldy Creek -Colorado River system any of the conveyed lands historically irrigated by Grantors without first obtaining a court decree approving same. The wit'iin ct eveyance it subject to the exceptions, reservations, an4 easements set forth in Exhibit E attached 'lereto and incorporated by this reference (the "Permitted Exceptions"), to the lien for 1985 general taxes and to the easements and reservations set forth above and to a restriction that Grantee, his successors or assigns, in the event of development of chs conveyed lands, shall prov+.de for dog control by restrictio.wg dogs to premises of the property owner and under leash control at all other times) +within the warranty de/ds, protective covenants or other ordinances governing the subdivision of tr.e Conveyed Lands. Grantors warrant title to the Conveyed Laid subjec- to the Permitted Exceptions and the described liens for 1985 taxes, easements, and reservations. Grantors, by execution and delivery hereof, furthet covenant and agree for themselves. their heirs. successors and assigns, that development of any property retained by Gene R. Hilton or Mary Jo Hilton adjacent to the Conveyed Land shall be restricted by providing for dog control (by restricting dogs to premises of the pr:perty owners or under leash control at all other times) within the warranty deed, protective covenants or of r ordinances governing the subdivision of such retained real prorarty. EXECUTED THIS ZIs-r day of STATE OF COLORADO ) SS COUNTY OF 2reeEes ) 985. Gene R. Hilton Mary 46 ilton The foregoing instrument was acknowledged betore me this tis day of / epp,4g4,e , 1985, br GENE R. HILTON and MARY JO HILTON, husband and wife. WITNESS my hand and official seal. ,„4.eRd Ger:;-ntae Ccr . ry 4' �'t:-'Z1.7-4/ir'-+ x.,• • C•:w,, L `� NOTAR PUB C SEAf,„ f .q d My Commission Expires: r:':.t^_' f ..ea '% 11 Cn c•'• Fs;•+•e. c 2. 1'ra1 Y."'i�'. ! • b . w,, .i; w 3 - to* MS ret31.8 , Exhibit "A"• Page 1 ef C-ONTRYID LAND LEGAL DESCRIPTION Cowering Land in the State of Colorado, County of Garfield, Described est PARCEL "A" Township 6 S_T:.cn.-Rangt 91 Westof the 6th Princi.,a1 Meridian Section 9z NWkSEk PARCEL "B" Township 7 South, Rena. 90 West of the tO, Principal Meridian Stephens Ranch Section 16: SisS% Section 21: All Section 22: SWk. ' Section 27: 104, Section 26: NFk, EhNWk, SEk Morrison Ranch Section 15: SA, WISEk and SFASEA. Section 22: SEk, 14% Section 26: M3/4MW%, SWkRift, SW% and SW%SR% Short Ranch Section 23: Sh Section, 24: SWk, SiNSEk and Lot 4 Section 25: Lot 1, IiihtiWk and MOE% Section 26: Nkill% pins tit rave • EEIi I htT "B„ PACE 1 of 4 PERMI T T E D KICIPTIORS 1. Right of way for ditches or canals constructed by the authority of the United States and 811 the coal and other minerals in the lands so entered and patented, together with the right to prospect for, mine f.nd reAove the same pursuant to the provisioea and iimitatirne of the Act of December 2^, 1916 (39 Stat. 862) all as resorved in United States Patent recorded December 22, 1936 fn Book 172 it Page 587 (Affects the Htk end EkNWk of S."rt.m 28. in Township 7 South, Range 90 West of the CIO P.M.); as reserved in United States Potent recorded April 2. 1941 in Book 194 at Piste '634 (Affects the FWkNEk of Section 21; SW% of Section 27; the SEk of Section 28 111 in Township 7 South of Range 90 West of the 6th P.M.); es reserved in United States Patent recorded November 9, 1946 in Book 222 at Page 297 (Affects the SkSk of Section 16; NWk, SWk''Ek. SW'k, and the WkSE4 -4 of Section 21 in Township 7 South of Range 90 Meet of the 6th P.M.); es reserved in United States Patent recorded November 28, 1936 in Boo 172 at Page 585 (Affects the SWk of Section 15, and the Nk and the SE% of Section 22 in Township 7 South cf Range 90 West of the 6th P.M.); as reserved in United States Patent recorded August 10, 1939 . in Book 194 at Page 578 (Affects the NkNWk. SWkNWk, SWkSEJ and the SW% of Section 26 in Township 7 South of Rene 90 West of the 6th P.M.); as reserved in United States Patent recorded October 28. 1939 in Book 194 at Page 587 (Affects Lot 1, NVW‘. and the NWkNEk of Section 75 in Township 7 Sough of Range 90 West of the 6th P.M.); as reserved in United States Patent recorded October 13, 1939 in Book 194 at Page 584 (Affects the NUk of Section 27; .`"Wk of Section 22; and the E#NEk and the EkSEk of Section 21 in Township 7 South of Range 90 West of the 6th P.M.); as reserved in United States Patent recorded November 7, 1939 in 'i,ok 194 at Page 592 (Affc:t■ the Sk of Section 23; Lot 4, SWk, SWkSE% of Sections 24; and the NONE% of Section 26 in Township 7 South of Range 90 West of the 6th P.K.). 2. Right of way for ditches' or canals consi.ructed by the.i authority of the United States, and excepting and reserving all the oil and gas in the lands so patented, and to it, or persons authorized by it, the right to prospect for, mine, and remos^ auch deposits from the same upon compliarce with the conditions and aub;ect to the provisions end ?imitations of the Act of July 17, 1914 (38 Stat. 509), all as reserved in United States Patent recorded July 25, 1956 in Bcok 294 at Peae 275. (Affects WkSs:k and SEkSEk of Section 15, Townohip 7 South, Range 90 West of the 6th P.M.). 3. Right of way far ditches or canals constructed by the authority of the United States and right of the proprietor of a vein or lode to extract and rerLwe his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, ss reserved in United States Patent and recorded April 16, 1924 in Book 73 at Page 180. (Affects the NWkSEk of Section 9. Township 6 South, Range 91 West of the 6th P.M.). 5 SWIM *e" PIG' :2 of 4. Right of way for roads disclosed by toadvieMetas report' recorded July 7, 1890 as Reception M. 10967i Jelly 2S.. •894 ea Reception llo. 175191 and tor deed recorded July 24, 1694 in Book 38 at Page 124• (Affects Pafael.'A~). w. :. 5. Right of ray for road purposes is set forth in Road View!r's Report recorded September 18, 1924 in Book Mo. 2 Rt Page 80 and on Map of a 60 foot wide County Road up ,;_ West Garfield or Baldy Creek recorded August 24, 1924 as Reception Tw. 884.17, through N 1/4 ME1/4 of Section N1/2 NE1/4 of Section 21 in Township 7 South, Range 90' West of the oth P.M. in which the apecifiC locaUion v!' said road is not given. (Affects Parcel "B").- 6. Easement and right of way for electrical transmission plrpoaeis as evidenced by the construction, operatiOA and, maintenance of an electrical transsissioe line over -and across the NW1/a nr1/4 of section 9, T"+ nahip 6 South* Range 91 West of the 5th Principal meridian by the Moly; Cross Electrical Aseoociation. (Affects Parcel "A').,..,r. 7. An undivided 1/2 inte*eet in all oil, gas and other,.; minerals reserved by the. Federal Lend Bank of Wichita in * thn Geed recorded October 30, 1943 in Book 201! at Pags'°s. 463, and any and all assignments thereat or interests: therein. (Affects Parcel "+") ti.. 8. Oil and gas lease between Snyder Oil Company and Gens 7Qd 1t.:. Hilton recorded October 5, 1981 in Book 582 at Page and any and all assignments thereof ar interest therein. (Affects Parcel "A"). 9. An undivided 1/2 Production Royalty reserved fora patiod-t of 15 years from May 30, 1972 by Morrxsorl Ranch Co. in .feed recorded June 2. 1972 in Book 431, at Page 397.. (Affects Parcel "A"). 10. Terms, agreements, provisions!, conditions and obligations as contained in the Cactus Valley Unit Agreement, the Nov Castle Unit Agreement, the Baldy Creek Unit Agreement or. any other Unit Agreement, which has been or may be formed according to the Mineral Leasing Act of February 25,'. 1920, 41 Stat. 437, as amended, 30 U.S.C. Sec. 181 et:. seq., which authorizes Federal lessees and their,,": representatives to unite with each other, ar jointly or, aaparately with others, in collectively adopting ands;' operating a cooperative or unit plan of development or :•v operation of any oil or gas pool, field, or like area, or any part thereof for the purpose of more properly conserving the natural resources thereof wh.nevsr.• determined and certified by the Secretary of the Interior to be necessary or advisable in the public interest. 11. Reservation of a Life Estate in 6 1/44 Royalty in all , oil, gas and other minerals by Karl 0. t -arson and Hazel R. Lacon in docu..ent recorded November 29, 1962 In Book 345 at Page 486. (Affects Parcels 'P." and "B") 12. Deed Restriction included in Warranty Deed recorded at 3:40 o'clock P.M., July 6, 1981 as Reception Numt+er' 316638 in Book 576 at Page 131, which ,,rovides 1.nat the . NW1/4 SE1l4 of Section 9, Township 6 South, Range 93. West of the 6th P.M. shall not be subdivided into additional parcels. (Affects Parcel A) n +i 679 +xrE313 EXHIBIT "B" PAGE 3 OF 1 13. Right of way for the Moore Ditch. Read and Hudson Ditch as disclosed by various documents of record includinq Reception Numbers 3253. 6201 and in Bock 14 at Page 298. (Affects Parcel "A"). 14. Easement and right of way for the Hudson and Sullivan Ditch as disclosed by document recorded January 30, 1888 as Reception No. 6201 and recorded September 8, 1888 in Book 19 at page 204. (Affected Paree3 A") 15. Right of way for the continuance flow of Garfield Creek and its existing tributaries. 16. Right of way for the continuance flow of Baldy Creek and its existing tributaries. 17. Sut7'}iet to any tax, assessments, fees or charges by reason of the inclusion the subject property in the Grand River Hospital District, the Hest Divide Water Conservancy District, the Silt Rure] erre Protection District, the Mt. Sopris Soil Conservation District and the South Side Soil Conservation District which may accrue after Closing. 13. Rights of way for Garfield Springs 1, 2 and 15, the Mc8irney Spring and Pipeline, Forest Springs 1 through 18, the Hudson end Sullivan Ditch and the Read and Hudson Ditch insofar as the same may affect sqbject property. 19. Any claim to an easement or right of way for roadway purposes over and across the existing roadway located in the SW1/4 SW1/4 of Section 21 and the E1/2 NW1/4 of Section 28, Township 7 South, Range 90 West of the 6th Principal Meridian. 2"}.. Any claim to an easement or right of way for roadway purposes over and across the existing roadway located in the N1/2 of Section 21 and the N1/2 of the Section 22, Township 7 South, Range 90 West of the 6th Principal Meridian. 21. R.,rtgage from Gene R. Hilton and Mary Jo Hilton to Travelers Indemnity Company to eecure 61,600,000.00 dated October 1. 1975 and recorded October 6, 1975 in Book 479 at Pie 425A.. Partir.t Release Agreementerded DDecember 10, 1979 in Book 540 at page 697,Reception 300064. Mortgage Amendment recorded August 24, 1964 In Book 6655 at Pag.2 139. 7 1 { ItZTAINKS 3 Township 6 South. Rantct 91 Vest of the 6th Principal i4Mtidie Secticxe ! s bWcSR3ft'. Township 7 South Ranke '90 Wea�o# the 5th Prircii,, ldian. Sections 15: Walk end SE%S!E Subject to the prior reservation of a Life notate in 64 royalty in all oil. gas and other minerals by Earl 0. Larson and Resel-4 R. Larson in Document so. 219570 recrrded in Sook -345 at 'Pape!";,. 466 in the records of the Clerk and Recorder of Csrfleld -_. County • w ' -r . R L ti x pmv Eng Me= MINT PAIL 1 of 2 RESERVED WATER RIM'S The Grantee has elected not to acquire any of the water rights. previously reserved by Grantors in %sorra .y Deed recorded in Book 576 at Page 131, Reception No. 316638 at 3 40 P.M. on. July 6, 1421. The following water rights are specifically reserved by Grantor• for use by Grantor. his surc.ssor■ or assigns: Data of_ .. tabic Peet/5scord Fervent To be if ? iotity Derree_. 1 creed Retained Priority Priority Amber 1 3 11 12 14 21 43 54 74 73a 1091 109b 109c 117saaa 138a 140aa 145aa 16 nom 17 Dos: 172a 1726 172c 172e 1722 172o *3261 W-3261 W-3261 W3261 Mame of Ditch Murray 4.i1 Ytile MbOre • rrsy and nae Low Moore may and Tae Ranson and Sullivan i art, Co!, Taylor 8escn and Sullivan J os Taylor Doom No. 3 Cooley 1b. 1 Cooley No. 2 Tule and Cbolsyr Wire Springs ! s 2 Strrtuck and Paxton GOpher MoSirney Spring FL Larson Spring P . Murray and 2U1e Dar Saloon and Sullivan Jos, Taylor Tule and Cooley Startax k and Paxton Garfield Springs No. 1 through 18 Forest 3eprirags lin. 1 through 12 Larson Spring hteisney Spring 06/10/81 06/15/22 05/02/83 05/05/83 06/'01/33 04/25/54 11/15/85 05/25/16 04/01/87 ::;T7/87 03/25/90 04/13/90 07/18/80 1223/93 06/16/06 08/15/06 04/12/12 05/01/00 05/01/34 05/01/38 05/01/38 05/01/38 05/n1/32 05/ 01/38 05/01/38 12/29/76 12/29/76 12/29/76 12,/_9/76 05/05/88 05/05/83 05/05,'BZ 05/5/28 05/05/88 05/05/88 05/05/80 05/05/?8 05/05/88 ,75/05/lf. 12/2P/93 12/20/93 12/20,'93 03/06/06 11/14/10 04/25/14 11/10/13 07/23/41 07/23/41 07/23/41 07/23/41 07/23/41. 07/23/41 07/23/41 07/23/41 Conditional Conditional 2.23 1.89 66.74 0.25 0.20 80.09 1.50 1.00 66.72 1.20 1.20 100.01 1.33 1.33 100.09 4.00 1.67 66.7% 3.00 3.00 100.0% 2.08 1.39 66.73 1.67 0.47 228.01 0.40 0.00 0.0% 0.20 0.20 100.0% 2.00 2.00 1x10.0% 0.80 0.80 100.0% 3.20 0.00 0.0%. 1.42 0.00 0.01 1.00 0.00 0.0% 0.22 0.22 100.01 0.06 0.06 100.0% 0.26 0.26 100.0% 1.82 5.88 60.71 6.55 3.28 50.0% 2.67 4.68 54.0% 8.34 6.75 81.0% 4.91 0.00 0.01 6.10 0.00 0.0% Various Variers 100.0% Various Various 100.0% Conditions! 0.85 0.85 100.0% Conditional 0.68 0.68 100.0% The retention of the water rights by Grantor and the administration of the water rights by the State Water Engineer and by the owner or his assigns will require the construction and installation of specialized diversion structures and measurement equipment. Daily access by vehicle will be required to the headgate and measurement equipment to read and adjust water diversion amounts and for other water management and maintenance purposes. The Grantor retains a right of way and easement for access to headgatec, diversion facilities. pipelines and other equipment described as follows: (f) An easement for roadway and pipeline purposes, not to be wider than forty (40) feet or narrower than twenty-five (25) feet froom existing Garfield Creek Road (County Road Humber 312) to the headgatec of said Reserved Water Rights, :rhich headgatec are located on the Conveyed Land described as the NWkSEk of Section 9. Township 6 South, Range 91 West of the 6th Principal Meridian. State of Colorado, County of Garfield. 9 bI3 U I &T ..Q..P;',_ PADS 2 11 .t (11) Asp easement fc,: a reasonable work area, not r„p be greater than eve hundred (100) feet by fifty (SQ) feet aro sd oath of the following heedgat•st (1) licIirnry Spring and Pipeline (2) Garfield Spring No. 17 (3) Garfield Spring ga. 10 The foregoing easements shall not be used for any purpose other than access to headgates. to measuring devices and to pipelines" for maintenance and administrates purposrPs. The exact dimension of the essemente described in (i) and ;ii). above;. shall be the' Same as are marked on the conveyed land on the date of this deed. 1L -�f G79 ,P=1 32:1 Ertl BIT PAGE 1 of 1 1 4 4 • LIMITED PARTNERSHIP AGREEMENT OF GARFIELD RANCH COMPANY THIS LIMITED PARTNERSHIP AGREEMENT made and entered into this /..1--w/ day of ,� -�"�3 �= _, 1972, between GENE R. HILTON, hereinafter called the General Partner and all other persons who shall execute this partnership agreement or a counterpart thereof, agreeing thereby to contribute capital to the capital of the Limited Partnership, hereinafter called the Limited Partners. The General Partner and the Limited Partners are sometimes hereafter referred to collectively as the "Partners". There is hereby formed, subject to the terms hereof, a limited partnership under the provisions of the Uniform Limited Partnership Act of the State of Colorado (§144-2-1 et seq., Colorado Revised Statutes of 1963). 1. NAME. The name of the Partnership shall be "GARFIELD RANCH COMPANY". 2. CHARACTER OF BUSINESS. The purpose of this partnership shall be to acquire, own, improve, Lease, hold for investment, sell, trade real and personal property located in Garfield County, Colorado, and hold mortgages or liens thereon. 3. PRINCIPAL PLACE OF BUSINESS. The principal place of business of the partnership shall. be at the General Partner's office at The Holiday Inn,. Glenwood Springs, Colorado. Such principal place of business may be changed from time to time provided written notice is given to each partner and appropriate filings giving notice of any such change are made as may be required by law. 4. THE NAMES AND ADDRESSES OF PARTNERS_ The names and places of residence of each member of this partnership are as follows: GENERAL PARTNER Gene R. Hilton 2102 W. Arapahoe Drive Littleton, Colorado 80120 LIMITED PARTNERS The names and places of residence of Limited Partners shall be set forth in Exhibit "A" attached hereto and made a part hereof. 5. TERM OF PARTNERSHIP. The term of this Partnership shall commence as of the date hereof and shall continue for a period of ten (10) years and shall automatically be renewed for two successive five (5) year periods unless on or before sixty (60) days prior to the expiration of the original term or any successive term, any partner shall give written notice to the other Partners terminating the partnership at the end of such term. Notwithstanding the above, this partnership shall terminate at such time as when all partnership assets have been distributed to the Partners. 6. CONTRIBUTIONS BY PARTNERS. A. General Partner The General Partner shall contribute 72 acres of real property located in Garfield County, Colorado, said property being described on Exhibit "B" attached hereto and made a part hereof, said property to be free and clear of all liens, encumbrances and mortgages. It is agreed among the partners that the present value of the above described property is $50,400.00, and that the General Partner shall receive a 457 interest in the partnership for his contribution. B. Limited Partners The Limited Partners shall collectively contribute a total of $61,600.00 in cash to the partnership, with the minimum investment to be made by any Limited Partner not to be less than $2;500.00. The $61,600.00 contribution by the Limited Partners shall represent a 557 interest in the partner- ship, and each Limited Partner's share of said 557 partnership interest shall be in accordance with the ratio that their several contributions to the partnership capital bear to the $61,600.00 contributed by the Limited Partners to the partner- ship. The General Partner may also be a Limited Partner of the partnership by contributing capital as stated in this paragraph 6 (B) . C. If for any reason or cause whatsoever the Limited Partners have not made total capital cash contributions to the partnership in the amount of $61,600.00 by / :J iV or any adjourned date agreed to by the General Partner and the Limited Partners, then any contributions made by the Partners shall be returned to them without interest. Upon such return of the above described capital contributions to the Partners, this partnership shall be of no further force and effect, and the partnership shall terminate with the authority of the General Farther to execute a Certificate of Cancellation of the partner- ship as well as any other documents required to effectuate the Partnership dissolution. 7. ADDITIONAL CONTRIBUTIONS 0 IMITED PARTNERS. No additional contributions have been agreed upon to be made by the Limited Partners. 8. RETURN OF CONTRIBUTION OF EACH LIMITED PARTNER. The contributions of the Limited Partners, minus any -3- losses attributed to the Limited Partners under Paragraph 9 (B) of this Agreement, are to be returned to each Limited Partner upon the dissolution or termination of the partnership, but only after all liabilities of the partnership have been paid. 9. PROFITS AND LOSSES. Profits and losses of the partnership shall be divided as follows: A. The first $12,320.00 of profits of the partner- ship shall he paid to the Limited Partners in the ratio that their several contributions to the partnership's capital bear to the total cash contributions by the Limited Partners to the partnership's capital. The next $10,800.00 of profits shall be paid to the General Partner, and thereafter 507 of the profits shall be paid to the. General Partner and 507, of the profits shall be paid to the Limited Partners in the ratio that their several contributions to the partnership's capital bear to the total cash contributions by the Limited Partners to the partnership's capital. B. 45% of the partnership's losses shall be allocated to the General Partner's capital account, and 557 of the partner- ship's losses shall be allocated to the Limited Partner's capital accounts in the ratio that their several contributions to the partnership's capital bear to the total cash contribution by ehe Limited Partners to the partnership's capital. C. Profits and losses of the partnership shall be determined by the accountant employed by the partnership. 10. RIGHT OF FIRST REFUSAL. In the event a Limited Partner shall desire to sell his interest in the partnership, and shall receive a bona fide offer acceptable to him he shall first do the following: -4- A. The selling Limited Partner shall notify the General Partner in writing of the price and the terms of such bona fide offer. B. Within ten days after the receipt of the above notice, the General Partner shall notify all the other Limited Partners of such offer by mailing a copy of the selling Limited Partner's notice to the other Limited Partners at the addresses shown on the partnership records. C. The General Partner and the Limited Partners shall have an option to purchase said selling Limited Partner's interest at the price and upon the terms set forth in said written notice in such proportions as they may agree upon among themselves, and each Partner will have the right to purchase at least as much of the selling Limited Partner's interest as in proportion to his partnership interest would entitle him to distribution of partnership assets on dissolution. D. On or before 30 days from the date of notice to the Limited Partners, the Limited Partner and/or General Partner shall either (i) enter into a contract to purchase at the price and terms of the bona fide offer or (ii) notify the selling Limited Partner in writing that they do not desire to exercise the option provided in this paragraph, in which event the selling Limited Partner shall have the right to sell his interest in accordance with the aforementioned bona fide offer. in the event said selling Limited Partner shall not have consummated such sale within 90 days from the date he first gave written notice to the General Partner, the interest of said Limited Partner shall not be sold until said Limited Partner has again complied with the provisions of this paragraph. 11. SUBSTITUTED LIMITED PARTNERS. (a) Anything in this Agreement to the contrary notwithstanding, no assignee of the whole or any portion of a Limited Partner's interest in the partnership shall have the right to become a substituted Limited Partner in place of his assignor, unless (i) his assignor shall designate such intention in the instrument of assignment, and (ii) the written consent of the General Partner to such substitution shall be obtained, the granting or denial of which shall be within the sole and absolute discretion of the General Partner. However, the General Partner's failure or refusal to grant such consent shall not affect the validity and effectiveness of any such instrument as an assignment of the right to receive partnership distributions applicable to the Limited Partner if a duly executed and acknowledged counterpart is filed with the partnership and the terms thereof are not in. controvention of the provisions of this paragraph. In no event shall the consent of any of the other Limited Partners be required to effectuate such distribution. 12. LIMITED PARTNERS RIGHT TO CONTRIBUTIONS. No Limited Partner shall have the right to a priority over other Limited Partners as to contributions or as to compensation by way of income or in any manner whatsoever. 13. DISSOLUTION AND LIQUIDATION. The partnership shall dissolve upon the death, bankruptcy, removal, retirement, resignation or withdrawal of the General Partner. No Limited Partner shall have the right to demand and receive property other than cash in return for his contribution. • -6- 14. MANAGEMENT AND OPERATION OF PARTNERSHIP BUSINESS. The General Partner shall have the exclusive management and control of the business of the partnership. The partnership shall pay all expenses incurred for business and operations of the partnership and its properties, including but not limited to salaries of employees performing work for the partnership properties, maintenance, travel expenses, contracts, utility bills, advertising, real estate taxes, insurance premium, bills for construction, alterations, repairs and maintenance of the partnership properties, legal fees and. accounting fees. During the continuance of the partnership, the General Partner shall diligently and faithfully devote such time to the business as may be necessary to conduct it for the advantage of the partnership but he shall not receive a fee for said services. The General Partner may in his discretion acquire, hold, mortgage and dispose of any real property, interest thereon or appurtenant thereto, as well as personal property, including the leasing, development, improvement, maintenance, exchange, trade or sale of such property, at such price, rental or amount, for cash, securities or other property, when and upon such terms as he shall deem to be in the best interests of the partnership. 15. BOOKS OF ACCOUNT AND REPORTS. At all times during the continuance of the partner- ship, the General Partner shall keep or cause to be kept full and true books of account, in which shall be entered fully and accurately each transaction of the partnership. Such books of account shall at all times be maintained at the principal office of the partnership and shall be open to the reasonable inspection and examination of the Partners or their duly authorized representatives. -7- Annual statements including the partnership's balance sheet and income statement, as prepared by the partnership's accountant, shall be transmitted to each of the partners. Further, within a reasonable period of time after the close of each year, a report shall be transmitted to each partner indicating his share of the profits and losses of the partnership for such year for Federal and State income tax purposes. 16. BANK ACCOUNTS. All funds of the°partnership shall be deposited in such account or accounts as shall be designated by the General Partner; all withdrawals against such accounts shall be made by the General Partner or by its properly designated agents. 17. DEATH OF LIMITED PARTNER. The death of a Limited Partner shall not dissolve or terminate the partnership. In the event of such death the personal representative of the deceased Limited Partner shall have all of the rights of a Limited Partner in the partnership to the extent of the deceased's interest therein, subject to the terms and conditions of this Agreement; and his estate shall be liable for all of his liabilities and obligations as a Limited Partner. 18. ACTIVITIES OF LIMITED PARTNERS. The Limited Partners shall take no part in, or interfere in any manner with the conduct or control of the partnership business, or the sale, leasing or financing of its assets, and shall have no right or authority to act for or bind the partnership. 19. ACTIVITIES OF GENERAL PARTNER. A. It is fully understood and agreed by the Partners -8- that the General Partner, Gene R. Hilton, is the owner of a substantial amount of real property which is either adjacent to or in the vicinity of the real property to be acquired by the partnership, and that the General partner shall be able to continue to awn said property and to acquire other real property in the area, and the General Partner shall be able to do anything with said real property as long as his activities are not illegal. B. It is fully understood and agreed by the Partners that the partnership will enter into the following transactions which might render benefits and profits to the General Partner over and above profits earned by the partnership: 1. The partnership will purchase five (5) acres of real property located in Garfield County, Colorado, from Carl Short for $13,000.00, and the partnership will further trade said five (5) acres of real property to the General Partner in exchange for eighteen (18) acres of other real property located value, presently (18) acres to be in Garfield County, Colorado, of comparable owned by the General Partner, said eighteen conveyed to the partnership by the General Partner at the same time as the General Partner makes his contribution to the partnership's capital as required by Paragraph 6 (A) of this Agreement. 2. The partnership will purchase from the General Partner a five year option to purchase for $700 per acre 70 acres of additional real property located in Garfield County, Colorado. The purchase price of said five year option shall be $17,150.00 payable in advance. 3. The partnership shall make a loan to Sunlight Development Company, a Limited Partnership, in the amount of $25,450.00, said loan to be secured by a first deed of trust on 40 acres of real property owned by Sunlight Development Company. The proceeds of said loan are to be used to pay off a debt owed by Sunlight Development Company to the General Partner. The terms of the loan from the partnership to Sunlight Development Company shall be the same as the terms of the previous loan from the General Partner to Sunlight Development Company. The General Partner and some of she Limited Partners of this partnership also own interests in Sunlight Development Company. 20. NOTICES. All notices under this Agreement shall be in writing and shall be given to the parties at the addresses herein set forth and to the partnership at its principal office, or at such address as any of the parties may hereafter specify in the same manner. 21. CAPT IONS . Article titles or captions contained in this Agreement are inserted only as a matter of convenience and for reference, and in no way define, limit, extend or describe the scope of this Agreement or the intent of any provisions hereof. 22. VARIATION IN PRONOUNS. All pronouns and any variation thereof shall be deemed to refer to the masculine, feminine, singular or plural as the identity of the person or persons may require. 23. COUNTERPARTS. This Agreement may be executed in several counter- parts and all so executed shall constitute ane agreement, binding upon the parties hereto, notwithstanding that all of the parties are not signatory to the original or the same counterpart. -10- 24. CONSTRUCTION. This Agreement shall be construed in accordance with the laws of the State of Colorado. 25. In the event the General Partner also becomes a Limited Partner of the Partnership by contributing capital to the partnership as provided for in Paragraph 6(B) of this Agreement, the General Partner's limited partnership interests will not be subject to the provisions of the Right of First Refusal as required in Paragraph 10 of this Agreement, until after December 31, 1972. 26. BENEFIT. Except as otherwise provided to the contrary, this Agreement shall be binding upon and inure to the benefit of the parties signatory hereto, their heirs personal representatives, and assigns. IN WITNESS ,JHEREOF, the parties hereto have executed this Agreement on the day and year first above written. LIMITED PARTNERS: Signature $ /07-00o./1,9 Capital Contribution rcF1A'f a nature + $ Coe, Qe �Capital Contribution Sig Lure fist $ 000 6- /47 c,'YJ W .9.t /74!m./ .414—Z,7.7-72` 0 d Address 41 -FA' AJC . Printed Name of Limited Partner /7 .S./124-4,,L4/L)7 L L Address D; �" aymor.Scl h L Printed Name of Limited partner 233V Address Capital Contribution Printed'Name of Limited Partner -11- Signature / $ -- Ca ital Contribution - •. Signature $ .'..5 °cc', Cr Capital Contribution $, Signature Capital Contribution $ Signature (1 Address. j Cfd)/IN I/ )JXl-Ad Printed Name of Limited Partner [L 'r7`.-' rr..� C- s:- - 0 �4) ` / 7- 1x41.` %i rth, PA I.44 C" Address 4 Printed Name of Limited Partner Printed Name of Limited Partner Printed Name of Limited Partner Address Capital Contribution Printed Name of Limited Partner -12- a EXHIBIT "B" A.- LAND TO BE CONTRIBUTED BY GENERAL PARTNER West 1/2 of the SW 1/4 and the SW 1/4 of the 5E1/4 SW 1/4 of Section 35, Township 7 South, Range 90 West of the 6th P.M. County of Garfield, State of Colorado containing 90 acres more or less being the property to be contributed to the Partnership by the General Partner in accordance with Paragraphs 9 (A) and 19 (B) (1) of this Agreement. B. LAND TO BE OPTIONED IN ACCORDANCE WITH PARAGRAPH 19 (B) (2) OF THIS AGREEMENT NE 1/4 of the SW 1/4 and the N 1/2 of the SE 1/4 SW 1/4 and the SE 1/4 of the SE 1/4 SW 1/4 of Section 35, Township 7 South, Range 90 West of the 6th P.M. County of Garfield, State of Colorado containing 70 acres more or less. AMS 4537 IV NW-SERIFS VII7i • 1 EXHIBIT "B" A.. LAND TO BE CONTRIBUTED BY GENERAL PARTNER West 1/2 of the SW 1/4 and the SW 1/4 of the 5E1/4 SW 1/4 of Section 35, Township 7 South, Range 90 West of the 6th P.M. County of Garfield, State of Colorado containing 90 acres more or less being the property to be contributed to the Partnership by the General Partner in accordance with Paragraphs 9 (A) and 19 (B) (1) of this Agreement. B. LAND TO BE OPTIONED IN ACCORDANCE WITH PARAGRAPH 19 (B) (2) OF THIS AGREEMENT NE 1/4 of the SW 1/4 and the N 1/2 of the SE 1/4 SW 1/4 and the SE 1/4 of the SE 1/4 SW 1/4 of Section 35, Township 7 South, Range 90 West of the 6th P.M. County of Garfield, State of Colorado containing 70 acres more or less. August 30, 2000 Mr. Peter Belau Enartech Inc. 302 Eighth Street Glenwood Springs, CO 81601 � OOD spr, Cis' 0 L PARR RE: Review of 3 Parcels Outside of our District Dear Peter: I have reviewed your proposal for fire protection for the three parcels outside of our district consisting of letter a dated August 29th and a Fire Protection Plan dated August 28th, 2000. While no approval can be given 1 would recommend the following changes be made to the Fire Protection Plan for any single family residence that might be built on the property. The plan would then be consistent with our requirements for similar properties. 1. Agreements and Maintenance The property owner shall agree to submit plans for approval to the Glenwood Springs Fire Department on all items listed in the Fire Protection Plan prior to construction. The Fire Protection Plan shall be made a part of the plat notes of the approved plat recorded in Garfield County. Thank you submitting this Fire Protection Plan for our review and recommendations. cerely, Dal'`Fyl Queen Battalion Chief Glenwood Springs Fire Department 806 COOPER AVENUE GLENWOOD SPRINGS, COLORADO 81601 970/945-4942 FAX 970/945-6040 ENARTECH Inc. Consulting Engineers and Hydrologists September 12, 2000 Mr. Mark Bean Garfield County 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 11 'RECEIVED SEP "4 2 MO ��. ti�f RE: Gene R. Hilton 160 -Acre Property Subdivision Exemption Dear Mark: Please find enclosed two copies of the following information for a Subdivision Exemption Application for the Gene R. Hilton 160 -Acre Property: • Petition for Exemption • $300 Check for Review Fees • Sketch Plan Map of the Proposed Subdivision Exemption • Vicinity Map • Letter from the Property Owner Authorizing the Applicant to Submit a Petition for Exemption • Names and Addresses of Land Owners within 200 feet, Mineral Owners and Lessees • Soil Types and Characteristics from the U.S. Soil Conservation Service "Soil Survey of Rifle Area, Colorado" • Well Permit Application • West Divide Water Conservancy District Water Allotment Contract/Lease • Letter and Deeds from the Property Owner indicating that the Parcel as it Exists Today, is one of not more than three parcels created from a larger parcel, as it Existed on January 1, 1973 • Fire Protection Plan and Approval Letter from the Glenwood Springs Fire Department • BLM Access Road Right -of -Way Grant The Gene R. Hilton property is approximately 160 acres located north of Fourmile Park above Sunlight Ski Area. This subdivision exemption is being requested to create 1 lot that is approximately 4 acres in size for future sale as a residential building site, Access to the property is from Fourmile Road, then from an existing public road through U.S. Forest Service and BLM property, then from an existing private road as shown on the enclosed Sketch Plan. Access easements will be provided for access roads and driveways as needed. 302 Erghth Street, Sue 325 P.0 Drawer 160 Glenwood Springs, CO 81602 (970) 945-2236 Fax (970) 945-2977 www.enertech.com Mr. Mark Bean Page - 2 Any necessary utility easements will also be provided. The homeowners will participate in an agreement or association to maintain the private access road. Water supply will be from wells, springs, surface water or by hauling water to cisterns. Wastewater treatment and disposal will be with individual sewage disposal systems. Please let me know if you have any questions or comments. Sincerely, ENARTECH, INC. Peter Belau, P.E. PB/jlw Enclosure cc: Tom Warnes Craig Nelson Tom Quinn Gene Hilton E-mail: peterb@enartech.COM P4(7-01 DOCS \PJB2[HY044fi7- }1 'Ltr M IIcari 090600B September 5, 2000 Mr. Mark Bean Garfield County 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 RE: Gene R. Hilton Property Subdivision Exemption NW/4, Section 35, T.7S., R.90W., (160 acres) Dear Mr. Bean: As owner of the property referenced above, 1 hereby authorize Alpine Mountain Club, LLC to submit a Petition for Exemption for this property. Sincerely, /42 Gene R. Hilton GENE R. HILTON PROPERTY SUBDIVISION EXEMPTION PROPERTY OWNERS WITHIN 200 FEET State of Colorado Division of Wildlife 6060 Broadway Denver, CO 80216 Brian Hopkins Bureau of Land Management P.O. Box 1009 Glenwood Springs, CO 81602-1009 (Mineral Rights Owner) Garfield Ranch LP 2102 West Arapahoe Drive Littleton, CO 80120 Sunlight Development Company 2102 West Arapahoe Drive Littleton, CO 80120 Sep -12-00 07:18A September 4, 2000 2102 West Arapahoe Drive Littleton, CO 80120 ENARTECH, Inc. Attn. Mr Peter Belau P C Drawer 160 Glenwood Springs, CO 81602 P.02 Re, Subdivision Exemption Application - 160 -Acre Ranch Owned by Gene R. Hilton Attachments. (1) Warranty Deed from Morrison Ranch Company to Gene R Hilton dated May 20, 1971 and recorded in Book 419 at Page 248 (2) Warranty Deed from Car! 0 Short and Virginia Short to Gene R. Hilton dated April 14, 1972 and recorded in book 429 at Page 422 (3) Warranty Deed from Morrison Ranch Company to Gene R. Hilton dated May 15, 1972 and recorded in book 430 at Page 597. (4) Warranty Dead from Gene R Hilton to Marathon 011 Corporation dated November 21, 1985 and recorded as Reception No 366796 in Book 679 at Page 313 {5) A 1972 partnership contribution to Garfield Ranch Company and an associated boundary adjustment by quit claim deeds dated May 3, 1973 and recorded in Book 444 at Page 58 ©ear Mr Belau I acquired the lands described in attachments 1, 2 and 3 during 1971 and 1972 Prior to December 31, 1972, I contributed 400 acres to Ranch Investment Corporation and entered into a Garfield Ranch Company partnership agreement In the partnership agreement. dated September 13, 1972, l contracted to contribute land to the partnership. to option land to the partnership and also to exchange land to the partnership. The contribution land, option land and exchange lands were later quit claimed to the partnership in deeds dated May 3, 1973. For purposes of evaluating applications for subdivision exemptions, Garfield County Subdivision Regulations refer to how the applicant's parcel existed in the records of the Garfield County Clerk and Recorder's office on January 1, 1973. t interpret the regulations to mean that the balance of the three adjoining tracts acquired in 1971 and 1972 were essentially merged into one parcel on January 1, 1973. The "merged parcels" were involved in a sale of 3,840 acres to Marathon Oil Corporation on November 1 1985 It should be noted that a 160 -acre parcel was cut off from the balance cf the land that I own in the area If this parcel was quit claimed to either the Sunlight Development Company or Garfield Ranch Company, a subdivision of that parcel should not be counted against the amount of exempted parcels to which I would be entitled under the rules. believe that if the 160 -acre parcel ware consolidated with the Garfield Ranch Company parcel that I would then be entitled to two exemptions plus the balance. A Subdivision Exemption Application associated with the 160 -acre tract needs to be submitted to Garfield County prior to September 13, 2000. Verltruly you / Oil Gene R. Hilton Book 429 Recorded Pfdge 422 Reception No 25342 Ella. UtE'PZ7 11.5.3.....,.....Recorder. THIS DEED, Made this 13th day of April in the year of our Lord one thousand nine hundred and S eventy—twcbetsreen CARL -O. SHORT and VIRGINIA M. SHORT of the County df Garfield and tate of Colorado, of the first part, and I GENE R. HILTON of the Count of Arapahoe WITNESSETH, That the said TEN DOLLARS AND OTHER the said part les RECORDER'S STAMP Sidit a;;IJ a i iARi FEL and State of Colorado, of the second part; art le s of the first part, for and in consideration of the sum of ALUABLE CONSIDERATION of the first art in hand paid by the said party of the second part, the receipt whereof is hereby confessed and by these presents do econd part, his d acknowledged, have granted, bargained, Gold and conveyed, gra>it, bargain, sell, convey and confirm unto the said part y of the heirs and assigns forever, all the following described lots or parcels of land, situate, lying and being in the State of Colorado, to -wit: Township 7 South, Range 90 West of the 6th P.M. county of Garfield Section Section Section Section Section 23: S 1/2 24: SW 1/4, SW 1/4 SE 1/4, Lot 4 25: Lots 1, 2, 3, 4, N 1/2 NW 1/4, W 1/2 E 1/2 26: N 1/2 NE 1/4 36: Lots 1 land 2, W 1/2 NE 1/4, NW 1/4 SE 1/4 Townshp 7 South, Range 91 West of the 6th P.M. Section 1: SW 1/4 pE 1/4 Section 12: S 1/2 NE 1/4, NW 1/4 NE 1/4 Township 6 South, Range 91 West of the 6th F.M. Section 12: Section 13: Section 23: Section 24: Section 25: Section 25: Section 25: Section 36: S 1/2 SE 1/4 W 1/2 E 1/2, E 1/2 SW 1/4 NE 1/4 NE 1/4 W 1/2 NE 1/4, W 1/2 NW 1/4 NW 1/4, E 1/2 W 1/2, W 1/2 SE 1/4, NE 1/4 SE 1/4 That part of the NW 1/4 SW 1/4 lying north and east of the County Road as now constructed, containing 4 acres, as originally described in Book 178 at Page 352 That part of the SW 1/4 NW 1/4 as particularly describ d in Document No. 31845 in Book 64 at Page 421 in the Garfield County records, containing 20 acres NE 1/4 *W 1/4, NW 1/4 NE 1/4 and Together with any and all improvements situate upon the above described property, any and all water rights and ditch rights connected therewith including, but not exclusively, all of first parties' interest in and to the following described ditch and water rights, to=wit: No. Sal WARRANTY 'DEED.—1drad/ord PubWhlar . 1!21.[e Sraat Stmt. Dearer, Colorado Book 429 Page 423 (a) Murray and Yule Ditch and Priorities No. 1, 11, 21 and 172A adjudicated thereto from the West Fork of Garfield Creek; (b) Gopher Ditch with Priority No. 145AA and water rights adjudicated thereto from Garfield Creek; (c) Dwire Ditches No, 1 and 2 and Priority No. 138A adjudica thereto; (d) Rogers Ditch and water rights adjudicated thereto. Together with any and all grazing rights and privileges held or controlled by first parties to run or graze livestock upon the Public Domain in connection with their ownership of the above described property. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof ; and all the estate, right, title, interest, claim and demand whatsoever, of the said part1eS of the first part either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenanees. TO HAVE AND TO HOLD the said prem ses above bargained and described, with the appurte- nanees unto GENE R. HILTON. the said part y of the second part, his heirs and assigns forever. And the said Carl O. Short and Virginia M. Short part ies of the first part, for them selves , /theheFrd, executors and administrators, do and agree to and with the said par' of the second part, his time of the easealing and delivery of these presents they are covenant, grant, bargain heirs and assigns, that at the well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance in law, in fee simple, and ha ve good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever., except 1972 general property taxes payable in 1973, prior mineral reservations, patent reservations, existing oil and gas leases, easements and rights of way of a public and private nature, and the lien of a deed of trust given by first parties to secure their promissory nate payable to Mabel T. McBirney, Joseph T. McBirney and William H. McBirney dated October 12, 1964, which deed of trust is recorded in Book 361 at Page 378 of the Garfield County records, which obligation second party assumes and agrees to pay, provided that first parties warrant that there is presently due and owing on said obligation the sum of $98,500.60 together with interest from December 1 1971 until paid; Book 429 Page 424 the quiet and peaceable possession of t assigns, against all and every person e said part y and the above bargained premises in of the second part, his heirs and or persons lawfully claiming or to claim the whole or any part thereof, the said parties of the firs part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, The part ies of the first part ha ve hereunto set their ia hand s and seal s the day andl year first above w'rity. Signed,Sealed and Delivered in Presence of i[SEAL] CA . SHORT A.Lt.P1141%-r [SEAL] VIRGI A M. SHO1T [SEAL) [SEAL] aTA STATE OF COLORADO, county of Garfield. ORY ACLNONI-EfiGMENT. SESSION ili27 The foregoing instrument was aek4owledged before ine this 13th 19 72*4 CARL 0. SHORT and VIRGINIA M. SHORT. 4.1 ;o '4, • _3 ......... .„.• ,44"- Witziesi My hand and official seal 11,9 .00 r -03,1,54i-mollexpirres March 22, 1973. '• ........ . . , 01 r: mama then i name- of Foch qtrlear or offleara. an the poorident or Other officers day of April Notary Puhtio Nye or o Pia! eaPaCibY a. abi-Orinol, If by_ " of cOrporation, then Lee -t 17, X k 0 Book 413 Page 248 Recorded at...3.Laa._...o clock...�a Reception No., 249.N THIS DEED, Made this ,2D` 1SI 71, between MORRISON RAN a corporation duly organized and existing et the state of Colorado of the GENE R. HILTON of the County of of WITNESSETH, That the said party of TEN DOLLARS AND OTHER VA] to the said party of the first part in hand pa by confessed and acknowledged, hath gran gain, sell, convey and confirm unto the aid ever, all of the following described lot County of Garfield and State Townshia 7 Sout day of May H CO. nder and by virtue of the laws et part, and rapahoe A second part: and State of Recorder's Stamp MAY 2 1 1971 ., SN v the first part, for and in consideration of the sum of UABLE CONSIDERATION DOiYY44 3 by the said part y of the second part, the receipt whereof is here - ted, bargained, sold and conveyed, and by these presents doth grant. bar - party of the second part, his heirs, and assign's for - or parcel of land, situate, lying and being in the of Colorado, to wit: Range 90 West of_the 6th P.M. Section 16: 5 1/2 5 Section 21: All Section 22: SW 1/4 Section 27: S 1/2, Section 28: E 1/2 a Section 34: NE 1/4 TOGETHER with all and singular the appertaining, and the reversion or reverai right. title, interest. claim and demand w and to the above bargained premises with TO HAVE AND TO HOLD the said pr said part y of the second •.art hl MORRISON RANCH and its successors, doth covenant, grant. ha his heirs and assigns, that at seized of the premises above conveyed, as a law, in fee simple, and hath good right, full in manner and form aforesaid. and that th ' sales, liens, taxes, assessments and incumbr general property taxes, pa of way of a public or priv deed of trust given to sec 5. Zimmerman, as trustee f William* Trust in the t ate herewithhwhich the pa and tr a'bovo bargained premises in the qu his heirs and assigns, against a or any part thereof, the said party of the fir <,,,,,, IN"W,ZTNESS WI REOF, The said Preaideat, an Secrat /and year f' t Above 1.1 jp ` "'STATE OF COLORADO. 4 'O Garfield Cennty cf 1/2 W 1/4 and W 1/2 NE 1/4 d E 1/2 NW 1/4 hereditaments and appurtenances thereunto belonging, or in anywise Ona, remainders, rents, issues and profits thereof: and all the estate, h staoever of the said party of the first part, either in law or equity, of, in the hereditaments and appurtenances. pre above bargained and described, with the appurtenances unto the g heirs and assigns forever. And the said CO. party of the first part, for itself. rgain, and agree to and with the said part Y of the second part. the time of the enaealing and delivery of these presents it is well a god. sure, perfect, absolute and indefeasible estate of inheritance, in power and lawful authority to grant, bargain, sell and convey the name o same are free and clear from all former and other grants, bargains, ancee of whatever kind or nature aoever: except 1971 tent reservations, easements and rights ate nature of record, and the lien of a ure two promissory notes payable to Robert or the Eric C. Williams Trust and the Jill otal principal sum of $50,000.00 of even rty othe second part assumes and agrees qui and peaceable possession of the said party of the second part it and every person or persona lawfully claiming or to claim the whole fret part shall and will WARRANT AND FOREVER DEFEND. party of the first part hath caused its corporate name to be hereunto I its corporate seal to be hereunto affixed, attested by its tten. MORRISON RANCH CO. aearei rr..__.._...____.............._.�............,............... L �• .. PreiWaat The foregoit'g instrument was acknowledged before me this a 71 by... fiiOBERT G . MORR: •'C�$GE J. PETRI Apits oN RANCH My ',A iIr ) . CI 20� SON III as ss day of May President and Secretary of a corporation. CO. tarsal commission expires + ... "E .%, ) '173 Wttaes* my band and official seal. /rotary Pasha No. 405. WAHitANTY DERn--coarpw.tl.m-3►a,ttord Punlialdaa Co., 1.124de Aleut au..t Dormer, color dare49 c r°. tTj Recorded at. .....2:40 Reception No..2.532�? o'clock P • Df, Recorder. Page 597 May 1272 .._ ... Book 430 THIS DEED, Made this 15th day of MORRISON RANCH CO. May , 19 72 , between I a corporation duly organized and existing under and by virtue of the laws of the State of Colorado of the first - i I part, and GENE R. HILTON S ATE GBCi!];iiikRY FFE 9Av . z y o 0 of County of Arapahoe . and State of Colorado , of the second part; WITNESSETH, That the said party df the first part, for and in consideration of the sum of TEN DOLLARS AND OTHER VALUABLE CONSIDERATIONS =E to the said party of the first part in band raid by the said part y of the second part, the receipt whereof is hereby confessed and acknowledged, hath granted, bargained, sold and conveyed and by these presents doth grant, bargain, sell, convey and confirm unto the forever, all the following described lot County of Garfield TOWNSHIP 7 SOUTH, RANG] Section 15: SW 1/4, W Section 22: N 1/2 and Section 25: Section 26: SW 1/4, N SW 1/4 SE id party of the second part, his heirs and assigns or parcel of land, situate, lying and being in the d State of Colorado, to -wit: 90 WEST OF THE 6TH P.M. 1/2 SE 1/4 and SE 1/4 SE 1/4 SE 1/4 S 1/2 SV 1/4, NW 1/4 SW 1/4, and SW 1/4 NW 1/4 1/2 NW 1/4, SW 1/4 NW 1/4, 1/4, and SE 1/4 NE 1/4 Section 35: W 1/2 Section 36: NW 1/4 and NE 1/4 SW 1/4 TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE 6TH P.M. Section 15: SW 1/4 SW 1/4 Section 16: SE 1/4 SE 1/4 Section 21: E 1/2 NE /4 Section 22: W 1/2, NE 1/4, and that part of the NE 1/4 SE 1/4 lying North of the County Road, excepting from said NE 1/4 SE 1/4 a strip of land 200 feet long and 200 feet wide as described in Warranty Deed recorded in the Garfield County records as Document No. 49409 in Book 93 at Page 318 thereof. Section 23: S 1/2 and S 1/2 NW 1/4 Section 25: SW 1/4 SW 1/4, NW 1/4 SW 1/4 and SW 1/4 NW 1/4, except that part of said NW 1/4 SW 1/4 containing 4 acres, more or less, as described in Warranty Deed recorded in the Garfield County records as Document No. 118515 in Book 178 at Page 352 thereof, and except, that part of said SW 1/4 NW 1/4 containin 15 acres, more or less, as described in Warranty Deed recorded in the Garfield County records as Document o. 31845 in Book 64 at Page 421 thereof. No. 40. WARRANTY DERD—CORPQRAMI0N,— 11radiant P, blbhins Go., 1621.14 grout Strer[, Dexrrr, Calondo Book 430 Page 598 Section 26: S 1/2 and Section 27: SE 1/4, W E 1/2 NW Section 28: 5 1/2 NE Section 34: NW 1/4 N Section 35: N 1/2 N Section 36: S 1/2 NW SE 1/4 S TOWNSHIP 7 SOUT RAN NE 1/4 1/2 NE 1/4, N 1/2 SW 1/4, 1/4 and SW 1/4 NW 1/4 1/4 and N 1/2 SE 1/4 1/4 /2 1/4, N 1/2 SW 1/4, NW 1/4 NW 1/4, 1/4 and SW 1/4 SE 1/4 91 WEST OF THE 6TH P.M. Section 1: Lot 2 an Together with any and water rights belonging above described proper Together with any and nected with the above exclusively, all grazi Land Management. Lot 3 11 ditch and ditch rights and water and to, used upon or in connection with the y. 11 grazing rights and privileges con- escribed property including, but not g rights as granted by the Bureau of Morrison Ranch Co. party of the first part, of the for itself, and its successors, doth covenant, grant, bargain t.nd agree to and with the said party second part, his heirs and assigns, that at the time of the ensealing and delivery of these presents it is well seized of the premises aboveeonveye}!, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and hath good rig ht, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and 1. the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incum rances of whatever kind or nature eoeYer; except 1972 general property taxes, U. S. Patent reservations and exceptions, easements and rights o way of a public or private nature of record, prior reservation of mineral rights, and the lien of a deed of trust dated April 24, 1972, given to secure Morrison Ranch Co. promissory ngte in the principal sum of $152,660.00 recorded in Book 430 at Page 24 of the Garfield County records, which obligation the ss and party assumes and agrees to pay, and the above bargained premises in the quiet and peaceable possession of the id part y of the second part, his heirs and assigns, against all and every person or persona la ully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRA T AND FOREVER DEFEND. 11 Book 430 Page 59 Section 26: S 1/2 ¢a, -•t -inn 27: SE 1/4 TOGETHER with all and sin 1 appertaining, and the reversion and the estate, right, title, interest, claim tlI equity, of, in and to the above barge TO HAVE AND TO HOLD the s I said part I I I I I nd NE 1/4 W 1/2 NE 1/4, N 1/2 SW 1/4, Book 430 Page 599 ar the hereditaments and appurtenances thereunto belonging, or in anywise 'eversions, remainder and remainders, rents, isauea and profits thereof; and all and demand whatsoever of the said party of the first part, either in law or ned premises, with the hereditaments and appurtenances. aid premises above bargained and described, with the appurtenances, unto the of the sewn part, Morris n his Ranch Co. heirs and assigns. forever. And the said party of the first part, or itself, and its successors, doth covenant, grant, bargain and agree to and with the said party second part, h is of the heirs and asci gns, that at the time of the ensealing and delivery of these presents it is 11 well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and hath good right, full power and lawful authority to grant, bargain, sell and convey the i same in manner and form aforesaid, and that the Same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and in general property tax easements and rights record, prior resery. a deed of trust date• Ranch Co. promissory recorded in Book 430 which obligation the umbrances of whatever kind or nature eoever; except 1972 s, U. 5. Patent reservations and exceptions, of way of a public or private nature of tion of mineral rights, and the lien of April 24, 1972, given to secure Morrison note in the principal sum of $152,000.00 at Page 24 of the Garfield County records, second party assumes and agrees to pay, and the above bargained premises in the quiet and peaceable possession of , said part y of the second part, his heirs and assigns. against all and every person or personlawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WAR ANT AND FOREVER DEFEND. Book 430 Page 600 IN WITNESS WHEREOF, The said party of the first part hath caused its corporate name to be hereunto sub- scribed by its president, and its corporate seal to be hereunto affixed, attested by its secretary, the day and year first above written. Attest: MORRISON RANCH CO. By President. STATE OF COLORADO, 1 lac ._—___County of The foregoing instrument was acknowledged before me this 15th day of May 972 , by •ROBERT G. • 'OEORGE' J. ••• „ 'MO RRI S ON • MORRISON III PETRE President and an Secretary of RANCH CO., a Colorado corporation. XXXXXMOX0i My notarial commission expires June 3 s 1973. Witness my band and official seal. -'• J Neter, Pettit. z o 7- a CD Eg. 0 F. ,3 A A' X eta 42 • g ' 42 Recorded at 10:19 o'clock °' •>tt , May 3 , 1973 Reception No.25810 Ella Stephens Page 444 Stephens,. Recorder. Page 57 THIS DEED, Made this between 17t GENE R. HILTON of the County of Gar Colorado, of the first part, and GAR'ALD RANCH COMPAN of the PP County of Ga Colorado, of the second Part„ WITNESSETH, That the said part y Ten Dollars and other good to the said part y of the first part in han is hereby confessed and acknowledged, ha these resents doe 9 remise, release, sell, the lr heirs, successors and assigns, part y of the first part ha S in being in the County of NE 1/4,p; the SW 1/4 an SE 1/4 of the SE 1/4 5 Range 90 West of the Gt Colorado, except water described property. day of April ,19 73, 'field TO HAVE AND TO $OLD the name, to belonging or in anywise thereunto apps said part Y of the first part, either inI part y of the second part, their he' IN WITNESS WHEREOF, The said part and seal the day and year first above Signed, Sealed and Delivered in the presence of STATE OF COLORADO, City & County of Denver and state of a Limited Partner-� rfield and state of STAEE COClliai TAy FEC MAY 3 7973 of the first part, for and in cons deratiortof t and valuable considerationwtuin ****tL*Iis d paid by the said part y of the second part, the receipt whereof S remised, released, sold conveyed and QUIT CLAIMED, and by convey and QUIT CLAIM unto the said part y of the second part, I all the right, title, interest, claim and demand which the said and to the following described lot or parcel of land situate, lying and Garfield and State of Colorado, to wit: d the N 1/2 of the SE 1/4 SW 1/4 and the 1/4 of Section 35, Township 7 South i P.M., County of Garfield, State of rights, if any, appurtant to the above gbtber with all and singular the appurtenances and privileges thereunto rtelning, and all the estate, right, title, interest and claim whatsoever, of the Law or equity, to th_ only proper tree, benefit and behoof of the said ra and assigns for r. y of the firs . art ha s here t. apt his hand written. The foregoing instrument was acknowledgdai before me this e /j by` GENE R. HILTON My con,miasion expires 7 -24- 23rd day of [SEAL] [SEAL] [SEAL) ...�._....._�[SEAL] , 19 75. Witness my hand and official seal. April Notary Pomba y person or persona here lawn name or names: if by person acting to representative or off Lcial capacity or as - e% then insertnr,. of_ person es xecutor, attorney-in-fact of other capacity p.•deeerlatton: It by officer of oor- p Inner( nand of .ueb or off leers, as the rsa hent or Other of/loots of - s A o::•�Welydprmrn t, Ben 716-i-1 Cola tarifa.] atatutaa 1961. rPoratloP, naming lt--$f aiufory No. 933.. (JUST CLAW n>[ED^114,ro a poylyyyag Ce.. 1.24-4S Stoat street, Dmra. "2 F o 3ook 444 Page 58 Recorded at. 10:20 o'clock il3d, May 3 1973 Reception No. 258107 __ ._----- Ella Ste_phens.s__ __..Recorder. Al, P.° THIS DEED, Made this 17th day of April ,L973 between GENE R. HILTON of the County of Garfield and state of Colorado, of the first part, and GARFIELD RANCH COMPANY, a Limited partnership of the Elitairginucl and state of Colorado, of the second part, WI'FNESSETU, That the said part of the first part, for and in consideration of the son of TEN ($10) and other good and valuable consideration DOLLARS, to the said party of the first part in hand paid by the said part y of the second part, the receipt whereof is hereby confessed and acknowledged, ha s remised, released, sold conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the said part y of the second part, their heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said part y of the first part ha S in and to the following described lot or parcel of land situate, lying and being in the County of Garfield and State of Colorado, to witT STAii COCCilI IhRY FU West . of the SWw and the SWk of the SES; SWk of Section 35, Township 7 South, Range 90 West of the 6th P.M.; County of Garfield, State of Colorado, reserving unto First Party, his heirs, successors and assigns an easement for ingress and egress over and across the existing road situate on the above described property, except all water rights, if any, appurtant to the above described property. TO HAVE AND TO HOLD the aanie, together with all and aingular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said part y of the first part, either in law or equity, to the only proper use, benefit and behoof of the said part y of the second part, the ill:mire and assigns forev r. lEN WITNESS WHEREOF, The said party of the first ant hag 4 heret ito net his hand and seal the day and year first above written. Signed, Sealed and Delivered in the Presence of STATE OF COLORADO, City and county of Denver aa. J The foregoing instrument was acknowledged before me this 1973 .bra GENE R, HILTON My commission Fi f, k, (SEAL] ~n .......-[SEAL] 23rd day of April, 7-24 , 1975 . Witness my hand and official 'mai. [SEAL] Nolan hbik 'If by natural parson or persona here 1RNLY name or Games; if 1+y hereon LeTang to representative or offtetal catracltY or ea aurerllty-n-In . then me of amsuch of parson as saeoutor, emornev-tf.raot of other capacttY Cr deserlptton; gt 1y offteer a$ aer- /toast,tolethen oratesf, Sec. 11>3---'Revised or offlc.,re, as the hrsaldent or other eltioere oL eneh ^po,- tle p, 'limning tt-9fe3arory h 1 Color r o off sere,as 1061. e. 3. a. F 0 0 I i f = ECC to 0 4 cca U w0 u 0 4 a F. � O W a Prig 679 melt, WARM/MOM -tC NOY2 MS d E tate Dca. fee GENE R. ILT0N and MART JO H.LT0N, husba4 r wife ("Crantora"), f the County of Arapahoe and State of ':olorado, for the consideration of Ten Dollars and other valuable conaideratiost, in 'hard paid, hereby sell and convey to Marathon C.1 C any, ("Grantee"), whose address it 7406 South !roadway, P. . Sox 269, Littleton. Colorado 80160, certain real property situate in the County of Ga,field and Stet.: of Colorado, mare particularly described in Exhibit A attached hereto and incorporated by this reference, (hereinafter referred to as the "Conveyed Land"); TOCET3iEt•. WITH all appurtenances to the Conveyer: Land and the rents, Labdes and profits thereof; EXCEPTING AND RESERVING to Grantors the water and water ri nts Described in Exhibit D attaet.ed hereto and incorporated by this reference, together with ditches and ditch rights, and other structures appurtenant to or used in connection with said water rights (the "Reserved Water Rights"); AND EXCEP ING AND RESERVING to Crantore, their heirs and assigns. the rights to all of the oil, gas and ether minerals in a d under, and that may be produced from, the lands describe in F4chibit C attached hereto and incorporated by thin reference (the "Retained Minerals"), together with rights of ingress and egress, for exploration, production and remo al of oil, gas and other hydrocarbons and minerals as are reasonably necessary to the successful exploitation of said ineral interests; provided that Grartors, for themselves, the heirs and assigns, rovenact to reclaim a.ty disturbance to t . surface of the Conveyed Lane resulting from exploration for or exploitation of *he Retained linerals as required by fed rat, state and local law; and further rarovided that Grant rs covenant for themselves, their heirs and assigns that a y such exploration for or exploitation of the Retained Mi era's shall be exercised so as not to unreasonably interfe a with the intended use if 4he surf•ice of the Conveyed Land for Wildlife habitat and mar. gement, easements Rights as AND FURTHE for use follows: (i) an ea purposes, not to be than twenty-five (2 westernrost boundary 7 South, Range 90 road, .s shown on t No. 88417, intersec EXCEPTING AND RESERVING to Grantors, n connection with the Reser—ed Water cement for roadway, utilir, and pipeline wider than forty (40) feet or narrower ) feet. `ieginning at a point on the of the M,.'3/4NW1/4 of Section 21, Township est of the 6th P.H., where the public p reorded August 24, 1924 as Reception s said b.-undary, thence said easement shall extend easterl across the Com►eyed Lands epprox+aitte-ly as deo_eted on Map attached hereto as Exhibit E and 44corpo- rated by this reference. (ii) an easement for a reasonable work area, not to be greater than one hundred (100) feet by one hundred (100) fret nor less than one hundred (100) feat by fifty (10) feet, around each pump station, utility station or related facility required to transport water through a pipeline to be cor•Jt_•acted within the easement described in paragraph (1) aoove. 1 1 goof gnu 1.4 So car •■ possible, consistent with the rights retained by Grantors hereunder, the foregoing, easements for roadway, utility, pipeline and work area purposes reserved it connection with the Reserved Water Rights shall be used in a manner which minimizes the impact of such easements or uses upon the surrounding land. Grantors hereby retain and reserve the right to construct, reconstruct, and perform scheduled maintenance and emergency reosirs, over and upon the easements deecribea it paragraphs ti)"' and (ii) above, subject to the following; 1. The initial period of cv.•struction of tho road, pipeline, pump stations, utility stations and related facilitlec (all of which aro hereinafter together referred to am the "Pipeline"). shall not exceed 150 consecutive :law., plus such additional time as may be necessitate,. by delays beyond the control of Grantors. Grantors agree that or.;e conatructios, is commenced it will be diligently pre•secuted to completion. 2. If reconstruction, defined es replacemen - of all or a substantial portion of the Pipeline or n significant component chereoF, becomes necessary, Grantors shall have the right to perform such reconstruction, but agree to commence such regio-ostruction promptly and diligently prosecute it to completion. 3. Regularly scheduled inspection, maintenance and repair of the Pipeline may be carried out as determined by Grantors' engineer or by _ay utility company involved. Grantee or its succeoaors or assigns shall be informed of the inspection, maintenance and repair schedule, which shall be subject to Granteee'a prior approval, which shall not be unreasonably withheld or delayed. To theex.ent reasonably practicable, no major maintenance or repairs will b. performed during the period from September 1 of each year through May 31 of the following year. 4. Grantors shell at all times be entitled to access co the Pipeline fcr the purpose of dealing with any emergency arising in connection therewith, and shall be entitled to perform such rep. irs and '-econstruct;on as sway be required to meet such emerrr.icy. The foregoing easements shall got .,s used for any purpose other than pipeline and utility psrposes in connection with use of the retained water rights. including, but not limited to, pipeline construction, pipeline maintenance, pipeline operation, utility line construction and maintenance, and for administrative purposes associste1 with pipeline and utility construction. maintenance and operation. The exact location of the cer.eritne of the pipeline easement described in (i), above, shall be as the same is marked with rebar on the Conveyed hand on rhe date of this deed. The easements described in (i) and (ii) above shall be for a term of ten (10) years only; PROVIDED, HOWEVER, that said easeme:at shall become perpetual upon piecing of record a written document signed by Grantors (or their heirs, successors or assigns), and Grantee (or its successors or asiagns) containing a legal description of said easements based upon a survey describing tnetr exact locations and 2 ear G79 net= dimensions. The erect location and distension, of the easement described in [ii) above shrill be mubjeet to prior approval of the Grantee, its succeseora or assigns, prior to ure thereof for construction and operation of pu'p stations and utility stations described in paragraph (ii) above. which approval shall not be unreasonably with`•ield. Th. Grantee, its successors or assigns 'shall in no wiry be responsible for provision of the casement location survey herein r•:erenced. ty acceptance of this deed. Grantee, for itself, its successors and asalgns, covenants that it ■hall not irrigate with water from sources tribE.tary to the Garfield -Baldy Creek-Coloredo River system any of the conveyed lands historically irrigated by Grantors without first obtaining s court decree approving same. The wit'iin ct iveyance ir• subject to the exceptions, reservations, ani easements set forth in Exhibit B attached '.wereto and incorp#rated by this reference (the "Permitted Exceptions"), to the lien for 1985 general taxes and to the easements and reservations set forth above and to a restriction that Grantee, his successors or assign«, in the event of development of the conveyed lands, shall provl.de for aog control (by restrictioag dogs to premises of the property owner and' under leash control at all other times) within the warranty deeds, protective covenants or other ordinances governing the subdivision of Coe Conveyed Lands. Grantors warrant title to the Conveyed Land subjec- to the Permitted 'Exceptions and the described liens for 1985 taxes, easements, and reservations. Grantors, by execution and delivery hereof, further covenant and agree for themselves. their heirs, successors and assigns, chat development of any: property retained by Gene R. Hiltor. or Mary Jo Hilton adjacent to the Conveyed Land shall be restricted by providing for dog control (by restricting dogs to premises of the property owners or under leash control at all other time¢) within the warranty deed, protective covenants or ot. r ordinance, governing the subdivision of such retained reel proparty. 1 EXECUTED 'MIS ZIsr day of 4 cnr,A Z , 985. STATE OF COLORADO COUNTY OF ,As.y�t ) ) SS Gene R. Hilton Maryv Elton rhe foregoing instrument was acknowledged before me this ,' f ifday of itayt+Mlrare , 1985. by GENE R. HILTON and MARY JO HILTON, husband and wife. WITNESS my hand and official �• Y�i>!R �,14{q Gt:'!'fltoe CC t" y SEA_ = d :Y' c: seal. NOTAR'i PUB My Commission Expires: • . , • ' ,A0 rig WA316 - • txhIbit "A0 • Page 1 of 1 CDNIFITED LAND LEGAL DtSCRIPT1ON . • - Cowering Land in the State of Colorado. County of Garfield, Described as: PARCEL "A" Ttwnehip 6 Renee 91 West of the 6th Princi?al meridian Section 9: NW3/4SE% PARCEL Township 7 South. Ranee 90 West of the igh Principal Meridian Stephens Ranch 4 Section 16: SkS% • Section 21: All Section 22: SW% . Section 27: NW%, SW% Section 28: ME%, EkWW%. SEk Morrison Ranch Section 15: SW%. WkSE% and SE3/4SE% Section 22: SE%. Mk Section 76: MINA, SW3/4NW%, SW% and SiNSE% Short Ranch Section 23: S% Section 24: SWk. SE% and Lot 4 Section 25: Lot 1, likNW% and NAME% Section 26: MOE% 4 r •t PQRN rim G79 1,43.17 I T T E D EXCEPT! 0 N S E1;aitMMT "W' PACK 1of4 1. Right of way fOr ditches or canals constructed by the authority of the United States and all the cosi and other minerals In the lands so entered and patented, together with the right a prospect for, mine ^nd reaove the same pursuant to the,provisions and limitmticns of the Act of December 2", 191 (39 Stat. 862) all as reserved in United States Patent recorded December 22, 1936 in book 172 at Page 587 (Affects the NE% end EkNWk of SeTri.an 28, in Township 7 South, Range 90 West of the ;An P.M.); ss reserved in United States Potent recorded April 2, 1941 in Book 194 at Paste 634 (Affects the FAKE% of Section 21; SWk of Section 27; the SE,k of Section 28 ell in Township 7 South of Range 90 West of the 6th P.M.); as reserved In Urited States Patent retarded November 9, 1946 in Book 222 at Page 297 (Affects the SkSk of Secion 16; NWk. SWk:UEk, SWk, and the Wk5E4 of Section 21 in Township 7 South of Range 90 Weet of the 6th P.M.); as 'served in United Status Patent recorded November 28, 1936 in Book 172 at Page 585 (Affects the SWk of Section 15, and the Nk and the SE% of Section 22 in Township 7 Southli of Range 90 West of the 6th P.M.); as reserved in United States Patent recorded August 10, 1939 in Book 194 at Page 578 (Affects the NkNWk, SWkNWk, SW%SE% and the SWk of Section 26 in Township 7 South of Rants 90 West of the 6th !.M.); as reserved in United States Patent recorded October 28, 1939 in Book 194 at Page 587 (Affects Lot 1, NkNW%, and the 'iWkNEk of Section 75 in Township 7 South of Range 90 West of the 6th P.M.); as reserved in United States Patent recorded October 13, 1939 in Book 194 at Page 584 (Affects the NW% of rection 27; FWk of Section 22; and the EkNEk and the EkSE% of Section 21 in Township 7 South of Range 90 West of he 6th P.H.); se reserved in Drifted States Patent recorded November 7, 1939 in 3nok 194 at Page 592 (Affects the Sk of Section 23; Lot 4, SWk, SWASE% of Section 24; and the ii%NEk of Section 26 in Township 7 South of Range_ 90 West of the 5th P.M.). 2. Right of way far ditches or canals cons:.ructed by the authority of theiUnited States, and excepting and reserving all the oil and gas in the lands so patented, and to it, ur persons authorised by it, the right to prospect for, mine, and remor- bucIi deposits from the same upon compliance with the conditions and subject to the provisions end !imitations of the Act of July 17, 1914 (38 Stat. 50c), all aa reserved in United States Patent recorded July 25, 1956 in Licok 294 at Page 275. (Affects WkSZ% and SEkSCk of Section 15, Township 7 South, Range 90 West of the 6th P.M.). 3. Right of way f4r ditches or canals constructed by the authority of the I United States and right of the proprietor of a vein or lode to extract and rer.cve his ore therefrom, should the same be found to penetrate or Intersect the premises hereby granted, as reserved in United States Patent and recorded April 16, 1924 in Book 73 at Page 180. (Affects the NW)SE* of Section 9, Township 6 South, Range 71 West of tete 6th P.M.). 5 faiet 8$ GIS nu= IttH rns7 "fa" PNGB 2 of 3 4. Right of way for roads disclosed by roadviewer'e reports recorded July 7. 1890 as Reception Mei. 10567r July 25, ;694 as Reception No. 175181 and by deed recorded July 24, 1494 in Book 38 at Page 124. (Affects Parcel "A'). 3. Right of way for road purposes es set forth in Road View,r's Repnrt recorded September 18, 1924 in Book No. 2 at Page 80 and on Map of a 60 foot wide County Road up West Garfield or Baidy Creek recorded August 24, 1924 a■ Reception hu. 80417, through NE1/4 NE1/4 of Section 20, N1/2 NE1/4 of Section 21 in Township 7 South, Range PO West of the o'th P.M. in which the speCifiC location df' said road is not given. (Affects Parcel '8'). 6. Easement and right of way for electrical transmission i* purposes as evidenced `+y the construction, operation and, maintenance of an 4clectrical transsissior line over• and`' across the NN1/4 nFl/4 of Section 9, Tranship 6 South, Range 91 West of the 6th Principal Meridian by the Holy Cross Electrical Association. (Affects Parcel "A"]., ' 7. An undivided 1/2 intereet in all oil, gas and other:":' aaineaals reserved by the Federal Land Bank of Wichita in thn meed recorded October 30, 1943 in Book 208 at Page' 463, and any and all assignments thereof or interests therein. (Affects Parcel "A") 8. ail and gas lease between Snyder 011 Company and Gene R. Hilton recorded October 5, 1981 in Book 582 at Page 706, and any and all assignments thereof or interest therein. (Affects Parcel "A"). 9. An undivided 1/2 Production Royalty reserved for a period'` of 15 years from May 30. 1972 by Morrison Ranch Co. in deed recorded June 2, 1972 in Book 431 at Page 397. (Affects Parcel "A"). • 10. Terms, agreements, provisions, conditions and obligations as contained in the Cactus Valley Unit Agreement, the New Castle Unit Agreement, the Baldy Creek Unit Agreement or- anv other Unit Agreement, which has been or may be formed according to the Mineral Leasing Act of February 25,'. 1920, 41 Stat. 437, as amended, 30 U.S.C. Sec. 181 et seq., which authurizes Federal lessees and their representatives to unity, with each other, or jointly or separately with others, in collectively adopting and operating .a cooperative or unit plan o! development or operation of any oil or gas pool, field, or like area, or ar'y part thereof for the purpose of more properly conserving the natural rosourcea thereof wh..never determined and certified by the Secretary of the interior to be necessary or advisable in the public interest. - 11. Reservation of a Life Estate in 6 1/48 Royalty in all oil, gas and other minerals by Karl 0. t.areon and Hazel R. Latr,n in docu,.ent recorded November 29, 1962 .in Book - 345 at Page 486. (Affects Parcels ")!" and "8') 12. Deed Restriction included in Warranty Deed recorded at 3:40 o'clock P.M., July 6, 1981 as Reception Numt*er 316638 in Book 576 at Page 131, which ..rovides that the NW1/4 SE1/4 of Section 9, Township 6 South, Renge 93. West of the 6th P.M. shall not be subdivided inty additional parcels. (Affects Parcel A) rrn� F; , ,IrF319 EXHIBIT "B" PAGE 1 OF 1 13. Right of way for the Moore Ditch, Read and Hudson Ditch as disclosed by various documents of record including Reception Numbers 3253, 6201 and in Bock 14 at Page 298. (Affects Parcel "A'). 14. Easement and right of way for the Hudson and Sullivan Ditch as disclosed by document recorded January 30, 1888 as Reception No. 6201 and recorded September 8, 1886 in Book 19 at page 204. (Affected Parcel "A") 15. Right of way for the continuance flow of Garfield Creek and its existing tributaries. 16. Right of way for the continuance flow of Baldy Creek and its existing tributaries. 17. Subject to any tax, assessments, fees or charges by reason of the inclusion the subject property in the Grand River Hospital Dist=ict, the West Divide Water Conservancy District, the Silt Rural ?ire Protection District, the Mt. Sopris Soil Conservation District and the South Side Soil. Conservation District which may accrue after Closing. 16. aiahts of way for Garfield Springs 1. 2 and 15, the moBirnev Spring and Pipeline, Forest Springs 1 through 18, the Hudson end Sullivan Ditch and the Read and Hudson Ditch insofar as the same may affect subject property. 19. Any claim to an easement or right of way for roadway purposes neer and across the existing roadway located in the SW1/4 5W1/4 of Section 21 and the E1/2 Mil1/4 of Section 28, Township 7 South, Range 90 West of the 6th Principal. Meridian. 20. Any claim to an easement or right of way far roadway purposes over and across the existing roadway located in the N1/2 of Section 21 and the N1/2 of the Section 22, Township 7 South, Range 90 West of the 6th Principal Meridian. 21. M..rtgage from Gene R. Hilton and Mary Jo Hilton to Travelers Indemnity Company to secure $1,600,000.00 dated October 1, 1975 and recorded October 6, 1975 in Book 477 at Paye 425A. Partici Release Agreement recorded December 10, 1979 in Book 540 at Page 697, Reception No. 300084. Mortgage Amendment recorded August 24, 1984 in Book 655 at Page 139. 1 1 1 'lis li - 'Cw . • P 1 of • 1,•• R E TA i 11I D PI t 11 E R A Lt Township 6 Scott, Ran 9 Watt of the 6t Pr nc $. a Section 9: 1!VO!% . Township 7 South, Ra * ,90 West of_the 6th PrircIpal lrrfdistl Section 15: Wn=1 end SVaEic Subject to the prior reservation of a Life Estate In 64% royalty in all oil, Ras and other minerals by Karl 0. Larson and Hazel 3E' e, R. Larson in Document llo. 219570 recorded in Book 345 et Pape 486 in the records of the Clerk and Recorder of Corfield _.. County. R 1 ton! crimp Pitt . I11T ;Dw -_ PAC* 1 of 2 RESERVED MATER RIGHTS The Grantee has elected not to acquire any of the rater rights previously reserved by Grantors in Werra.•.:y Deed recorded in Book 576 et Page 131, Reception No. 316638 at 3 40 P.M. on July 6, 1481. The following rater rights are specifically reserved by Grontoe for use by Grantor, his successors or assigns: C urt Priority Nusber 1 3 11 12 14 21 43 54 74 iia 109a 109b 109c 117aaas 138■ 140aa 145sa 16 Dom 17 Dom 172a 1726 172c 172e 172.i, 172o W-3261 W-3261 w-3261 W-3261 M. of Ditd Alarrsy .. Yule More Murray and Tile Dow N ome n urray sed x .i e Treason and Sullivan :and, iaC*', Taylmr Rearm and Sullivan Joe 7mylor Coo.ey P. 3 Cooley lin. 1 Cooley No. 2 Yule and Conley/ Leine Springs ' s 2 Stuok and Paxton Oapher NoSirney Spring PL Larson Spring PT. Murray and Yule Dow Nilson and Sullivan Joxi Taylor Yule and Cooley Startxmzk and Paxton Garfield Springs No. 1 through 18 Forest springs MD. 1 through 1.2 Iar$x Spring WeBitawy Spam; Date et Cuhic Peet/Second Percent Tn le Priority Dsrrse Larged b tainsd PrioritY 06/10/81 05/05/88 2.83 1.89 66.7/ 06/15/82 05/05/88 0.25 0.20 80.0% 05/02/83 05/0518Z 1.50 1.00 66.71 05/05/83 05/05/88 1.20 1.20 100.0S 06/01/83 05/05/88 1.33 1.33 100.01 0/25/64 05/0.5/88 4.00 2.67 66.71 11/15/85 05/05/80 3.00 3.00 100.01 05/25/86 45/05/!"8 2.03 1.39 66.71 04,/01/87 05/05/88 1.67 0.47 28.01 17/37 05/05/1/. 0.40 0.00 0.01 03/25190 12/20/93 0.20 0.20 100.0/ 04/x3/90 12/20/93 2.00 2.00 110.0% 07/18/80 12/20/93 0.80 0.50 100.01 12,21/93 03/06/04 3.20 0.00 0.01 06/16/06 11/A4/10 1.43 0.00 0.01 09/15/06 04/25/14 1.00 0.00 0.01 04/12/12 11/10/13 0.22 0.22 100.01 05/01/00 07/23/41 0.06 0.06 100.01 05/01/14 07/23/41 0.26 0.26 100.01 05/01/38 07/23/41 1.82 5.88 60.7% 45./01138 07/23/41 6.55 3.28 50.01 05/01/38 07/23/41 8.67 4.68 54.01 05/01/38 07/23/41 8.34 6.75 81.01 05/01/38 07/23/41 4.91 0.00 0.01 05/01/38 07/23/41 6.10 0.00 0.01 12/29/76 Conditional Various Variioes 100.01 12/29/76 Conditional Various Various 100.01 12/29/76 Conditional 0.85 0.85 100.01 12/Z/76 Conditional 0.68 0.68 100.01 The retention of the water rights by Grantor and the administration of the water rights by the State Water Engineer and by the owner or his assigns will require the construction and installation of specialized diversion structures and measurement equipment. Daily access by vehicle will be required to the headgate end measurement equipment to read and adjust water diversion amounts and for other water management and maintenance purposes. The Grantor retains s right of way and easement for access to headgatee, diversion facilities, pipelines and other equipment described es follows: (i) An easement for roadway and pipeline purposes, not to be wider than forty (40) feet or narrower than twenty-five (25) feet from existing Garfield Creek Road (County Road Number 312) to the headgates of said Reserved Water Rights, which head,gates are located on the Conveyed Land described as the NWkSEk of Section 9, Township 6 South, Range 91 West of the 6th Principal Meridian. State of Colorado, County of Garfield. 9 • (ii) An easement fc.: a reasonable work area, not nO . be greater than on. hundred (100) feet by fifty (30) feet aro+ittd each of the following hsadtstee: : (1) Vic3irney Spring and Pipeline (2) Garfield Spring No. 17 (3) Garfield Spring to. 10 The foregoing easements shall not be used for any purpose other than access to headgates. to measuring devices and to pipelines for maintenance and administrative purpost's• The exact dimension , of the easements described in (i) and U1), above ; shall bre the- same he"■sme as are marked on the conveyed land on the date of this deed. • 1L -r( nrt EXHIBIT "E" PAGE 1 of 1 N ca c .moi 0 W • ff j 1 o li • > 1 r fI / I ( ,/ • f 7 I j - / - -•rz r. �, •J C rr, '1.,., is V e� L+ 10-4 h+...r-- • F• .ter 3l, I� . 1 f 4 •; /' S'1 1 ni•:: J States In Cooperation with the A,; l iment of Colorado Agricultural ir1'ulture Experimdnt Station Soil Conservation Service Soil Survey of Rifle Area, Colorado Parts of Garfield and Mesa Counties Zr- U.S. SOIL CONSERVATION SERVICE "SOIL SURVEY OF RIFLE AREA, CO" 16 SOIL SURVE clay loam and silty clay about 29 inches thick. The sub- stratum is dark gray silty clay to a depth of 60 inches. Included with this soil in mapping are small areas of Cochetopa and Jerry soil:, on small hilly undulations within the drainageways. Slopes are more than 12 per- cent. These areas make up 5 to 10 percent of the map unit. Permeability is slow, and available water capacity is high. Effective rooting depth is about 60 inches or more. Primary roots that reach below a depth of 16 inches follow cracks in the soil. Surface runoff is medium, and the erosion hazard is moderate. This soil is used mainly for limited grazing and wildlife habitat. The native vegetation on this soil is mainly Idaho fescue, bromes, wheatgrasses, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Reducing brush improves the range. Properly managing grazing maintains and improves range condition. Seeding im- proves range in poor condition. Preparing a seedbed and drilling the seed are good practices. Mountain or smooth brome, intermediate wheatgrass, and pubescent wheat - grass are suitable for seeding. Elk, deer, black bear, and grouse find habitat on this soil. Use of this soil for community development, for sani- tary facilities, and as a source of construction material is limited by the high clay content, which causes a high shrink -swell potential, slow permeability, and low strength. Special designs for foundations and septic tank absorption fields overcome these problems. This soil is in capability subclass Vie, nonirrigated. 17—Cochetopa loam, 9 to 50 percent slopes. This deep, well drained, rolling to steep soil is on mountain- sides and alluvial fans. Elevation ranges from 7,000 to 9,500 feet. This soil formed in basaltic alluvium. The average annual precipitation is about 20 inches, the average annual air temperature is about 38 degrees F, and the average frost -free period is less than 75 days. Typically, the surface layer is dark grayish brown loam about 21 inches thick. In some areas an organic layer as much as 4 inches thick is on the surface. The subsoil is brown stony clay loam and stony clay about 24 inches thick. The substratum is pinkish gray stony clay to a depth of 60 inches. Included with this soil in mapping are small areas of Jerry and Lamphier soils. The Jerry soils are stony on the surface and make up 10 to 15 percent of the unit. The Lamphier soil is stone -free and has a cover of aspen. Permeability is slow, and available water capacity is high. Effective rooting depth is 60 inches or more. Sur- face runoff is slow, and the erosion hazard is severe. This soil is used mainly for limited grazing and wild!. habitat. The native vegetation on this soil is mainly Gamt oak, bromes, and elk sedge. When the range condition deteriorates, forbs ar shrubs increase. When the range is in poor conditic Kentucky bluegrass, undesirable weeds, and annt plants are numerous. Properly managing grazing ma tains and improves range condition. Elk, mule deer, blue grouse, and snowshoe hare fi habitat on this soil. Community development is limited by the shrink-sw potential caused by high clay content, low strength, a steep slopes. Building foundations, roads, and sanity facilities can be designed to overcome these limitation Keeping cuts to a minimum and placing them careft. help to lessen soil slumping. Drainage and structures control runoff from snowmelt help to avoid deep satur tion of the soil around construction sites and roac This soil is in capability subclass Vile, nonirrigat€ 18—Cochetopa-Jerry complex, 12 to 25 perce slopes. These moderately steep to hilly soils are mountainsides. Elevation ranges from 7,000 to 9,5. feet. The soils formed in alluvium derived from sar stone, shale, and basalt. The average annual precipii tion is about 20 inches, the average annual air temper ture is about 40 degrees F, and the frost -free period Tess than 75 days. The Cochetopa soil makes up about 50 percent of ti map unit, and the Jerry soil makes up about 40 percer The Cochetopa soil is deep and well drained. Typici ly, the surface layer is dark grayish brown loam about inches thick. The subsoil is brown stony clay and cI; loam about 24 inches thick. The substratum is pinki: gray stony clay to a depth of 60 inches. Permeability of the Cochetopa soil is slow, and avail, ble water capacity is high. Effective rooting depth is E inches or more. Surface runoff is slow, and the erosic hazard is moderate. The Jerry soil is deep and well drained. Typically, tf- surface layer is dark grayish brown stony loam about inches thick. The subsoil is yellowish brown and lige brown cobbly clay loam about 37 inches thick. The sui stratum is light brown cobbly clay to a depth of 6 inches. Permeability of the Jerry soil is slow, and availab' water capacity is high. Effective rooting depth is 6 inches or more. Surface runoff is slow, and the erosio hazard is moderate. Included with these soils in mapping are small areas c Lamphier, Buckton, and lnchau soils that have slopes c more than 25 percent. These areas make up about 1 percent of the map unit. This complex is used mainly for grazing and wildlife habitat. RIFLE AREA. COLORADO 17 The native vegetation on these soils is mainly Gambel oak, elk sedge, and bromes. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, Kentucky bluegrass, undesirable weeds, and annual plants are nu- merous. Properly managing grazing maintains and im- proves range condition. Seeding improves some less sloping areas of range in poor condition. Preparing a seedbed and drilling the seed are good practices. Moun- tain or smooth brome, orchardgrass, and intermediate wheatgrass are suitable for seeding. Elk, deer, black bear, and grouse find habitat on these soils. Community development is limited by the high clay content, low strength, and steep slopes. Building founda- tions, roads, and sanitary facilities can be designed to overcome these limitations. Drainage and structures to control runoff from snowmelt are needed to avoid deep saturation of the soil around construction sites and roads. This complex is in capability subclass Vle, nonirrigated. 19--Cochetapa-Jerry complex, 25 to 50 percent slopes. These moderately steep soils are on mountain- sides. Elevation ranges from 7,000 to 9,500 feet. The soils formed in alluvium derived from sandstone, shale, and basalt. The average annual precipitation is about 20 inches, the average annual air temperature is about 40 degrees F, and the frost -free period is less than 75 days. The Cochetopa soil makes up about 50 percent of the map unit, and the Jerry soil makes up about 40 percent. The Cochetopa soil is deep and well drained. Typical- ly, the surface layer is dark grayish brown loam about 21 inches thick. The subsoil is brown stony clay and stony clay loam about 24 inches thick. The substratum is pink- ish gray stony clay to a depth of 60 inches. Permeability of the Cochetopa soil is slow, and' availa- ble water capacity is high. Effective rooting depth is 60 inches or more. Surface runoff is slow, and the erosion hazard is moderate. The Jerry soil is deep and well drained. Typically, the surface layer is dark grayish brown stony loam about 3 inches thick. The subsoil is yellowish brown and light brown cobbly clay foam about 37 inches thick. The sub- stratums is light brown cobbly clay to a depth of 60 inches. Permeability of the Jerry soil is slow, and available water capacity is high. Effective rooting depth is 60 inches or more. Surface runoff is slow, and the erosion hazard is moderate. Included with this soil in mapping are small areas of Lamphier, Buckton, and Inchau soils that have slopes of 25 to 65 percent. These areas make up about 5 to 10 percent of the map unit. These soils are used mainly for grazing and wildlife habitat. The native vegetation on these soils is mainly Gambel oak, elk sedge, and bromes. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, Kentucky bluegrass, undesirable weeds, and annual plants are nu- merous. Properly managing grazing maintains and im- proves range condition. Elk, deer, black bear, and grouse find habitat on these soils. Community development is limited by slope, high clay content, and low strength. Building foundations, roads, and sanitary facilities can be designed to overcome these limitations. Drainage and structures to control runoff from snowmelt help to avoid deep saturation of the soil around construction sites and roads. This complex is in capability subclass Vile, nonirrigat- ed. 20—Cryaquolls, nearly level. This broadly defined unit consists of poorly drained soils in swales and on bottom land of valleys. Elevation ranges from 7,000 to 9,500 feet. The average annual precipitation is about 18 inches, the average annual air temperature is about 39 degrees F, and the average frost -free period is less than 75 days. These soils range from sandy loam to clay throughout and are commonly stratified. The surface layer is black to very dark brown. In places an organic mat is on the surface. Sand and gravel is at a depth of 2 to 4 feet in some places. Permeability is moderate. Surface runoff is slow, and the erosion hazard is slight. The water table is at a depth of 10 to 24 inches at some time during the growing season. These soils are subject to annual flooding, Included in mapping are small areas of peat and marsh. These soils are used mainly for wildlife habitat. Some areas are used for irrigated hay and pasture. The cold climate and short growing season limit pro- duction of introduced grasses. Irrigation water should be managed to prevent ponding. Subsurface drainage and fertilizer are needed to maintain production of hay. Slen- der wheatgrass, smooth brome, and creeping meadow foxtail are suitable for seeding. The native vegetation includes tufted hairgrass, slen- der wheatgrass, sedges, rushes, reedgrass, willows, shrubby cinquefoil, and numerous forbs. The total annual production of air-dry forage averages 2,500 pounds per acre. Nitrogen and phosphorus fertiliz- er is needed late in spring to replace nutrients lost during spring snowmelt. These soils are typically wet and produce abundant wetland vegetation. Mallard, teal, shorebirds, beaver, mink, and muskrat find habitat on these soils. Shallow water developments increase the use of the areas by wetland wildlife. To manage these soils for wetland wild- life, grazing by livestock should be controlled and fences 0 4 RiFLE AREA, COLORADO 19 23—Oetra fine sandy loam, 12 to 25 percent slopes. This deep, well drained, strongly sloping to mod- erately steep soil is on mountainsides. Elevation ranges from 6,500 to 8,000 feet, This soil formed in residuum from red -bed shale and sandstone. The average annual precipitation is about 16 inches, the average annual air temperature is about 44 degrees F, and the frost -free period is about 85 days. Typically, the surface layer is brown fine sandy foam about 12 inches thick. The subsoil is reddish brown sandy clay loam about 21 inches thick. The substratum is yellowish red sandy clay loam. Weathered red sand- stone and shale is at a depth of 57 inches. Included with this sod in mapping are small areas of Morval, Ansari, and Arle soils on the steeper parts of the landscape. They make up about 5 to 15 percent of the map unit. Permeability is moderate, and available water capacity Is moderate. Effective rooting depth is 40 to 60 inches. Surface runoff is slow, and the erosion hazard is slight. This soil is used mainly for grazing and wildlife habitat. The native vegetation on this soil is mainly needle - grasses, fescues, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion. Redh cing brush improves the range. Seeding im- proves range in poor condition if slope is not so steep that drilling is impossible. Preparing a seedbed and drill- ing the seed are good practices. Mountain or smooth brome, intermediate wheatgrass, and pubescent wheat- grass are suitable for seeding. Ek, deer, and grouse find habitat on this soil, Use of this soil for community development, for sani- tary facilities, and as a source of construction material is limited by slope, low strength, and depth to bedrock. Special design and engineering practices overcome many of these limitations. This soil is in capability subclass Vle, nonirrigated. 24—Dollard-Rock outcrop, shale, complex, 25 to 65 percent slopes. This complex consists of moderately steep to steep Dollard soil and shale outcrop on hills and mountainsides. Elevation ranges from 6,000 to 7,500 feet. The soil formed in shale residuum. The average annual precipitation is about 17 inches, the average annual air temperature is about 43 degrees F, and the average frost -free period is about 95 days. The Dollard soil makes up about 60 percent of the map unit, shale outcrops make up about 20 percent, and soils of minor extent make up 20 percent. The Dollard soil is on the less steep parts of the landscape, and the shale outcrops are throughout the mapped areas. The Dollard soil is moderately deep and well drained. Typically, the surface layer is light brownish gray clay about 5 inches thick. The substratum is light gray clay and shaly clay. Weathered shale bedrock is at a depth of 25 inches, Permeability of the Dollard soil is slow, and available water capacity is moderate. Effective rooting depth is about 20 to 40 inches. Surface runoff is rapid, and the erosion hazard is severe. The Rock outcrop is sort, weathered shale. Permeability of Rock outcrop is very slow. Rooting depth is very shallow. Surface runoff is rapid, and the erosion hazard is very severe. Included with this complex in mapping are small areas of Tanna soils in depressions. This complex is used for limited grazing and wildlife habitat. The native vegetation on this soil is mainly wheatgrass and sagebrush, When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion. Reducing brush is not practical because of steep slopes and because of the erosion hazard if plant cover is removed. Mule deer, cottontail rabbit, and squirrel find habitat on this soil. Community development is limited by steep slopes, depth to rock, high shrink -swell potential, and low strength. The soil slumps easily in deep cuts. This complex is in capability subclass Vile, nonirrigat- ed. 25—Etoe loam, 15 to 50 percent slopes. This deep, well drained, sloping to steep soil is on mountainsides. Elevation ranges from 8,000 to 10,500 feet. This soil formed in outwash derived from basalt and sandstone. The average annual precipitation is about 20 inches, the average annual air temperature is about 38 degrees F, and the frost -free period is less than 75 days. Typically, the surface layer is pinkish gray loam about 8 inches thick. The subsurface layer is light brownish gray loam about 7 inches thick. The next layer is about 20 inches thick, It is mixed light brownish gray extremely cobbly sandy loam and brown extremely cobbly sandy loam and extremely cobbly sandy clay loam. Included with this soil in mapping are small areas of Cochetopa and Jerry soils in open brush. These areas make up 10 to 15 percent of the map unit. Permeability is moderate, and available water capacity is low. Effective rooting depth is greater than 60 inches. Surface runoff is medium, and the erosion hazard is slight. This soil is used for timber, limited grazing, and wildlife habitat. The understory is sparse. It consists of elk sedge, some grasses, boxleaf myrtle, and low growing woody plants, 20 SOIL SUAVE) This soil is suited to production of Engelmann spruce and Douglas -fir. This soil can produce 3,850 cubic feet of wood per acre every 10 years from a fully stocked, even -aged stand of 100 -year-old trees. Steep slopes affect timber harvest, and special care is needed to prevent erosion. Elk, deer, black bear, and grouse find habitat on this soil. Slope and large stones limit community development. Special design overcomes these limitations. This soil is in capability subclass Vile, nonirrigated. 26—Farlow-Rock outcrop association, steep. This broadly defined map unit consists of moderately steep to steep Farlow soils and Rock outcrop on mountainsides. Elevation ranges from 8,000 to 10,500 feet. The Farlow soil formed in residuum from limestone. The average annual precipitation is about 19 inches, the average annual air temperature is about 38 degrees F, and the frost -free period is less than 75 days. The Fariow soil makes up about 65 percent of the association, and Rock outcrop makes up about 25 per- cent. The Farlow soil is deep and well drained. Typically, the surface layer is dark grayish brown channery loam about 10 inches thick. The substratum is light gray and pale brown very channery loam and extremely flaggy loam about 32 inches thick. Weathered limestone is at a depth of 42 inches. Permeability of the Farlow soil is moderate, and availa- ble water capacity is 'ow. Effective rooting depth is about 40 to 60 inches. Surface runoff is rapid, and the erosion hazard i5 moderate. The Rock outcrop is limestone. Included in mapping are small areas of Dateman soils, generally in depressions. These areas make up 5 to 15 percent of the map unit. This association is used mainly for limited grazing and wildlife habitat. The native vegetation is mainly needlegrasses, wheat - grasses, and serviceberry. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion. Elk, deer, black bear, and grouse find habitat on this soil. Community development and sanitary facilities are lim- ited by s!ope and depth to rock. Special design is neea7d to overcome these limitations. Thi:- association is in capability subclass Vile, nonirri- gatea. 27—Halaquepts, nearly level. This broadly defined unit consists of deep, somewhat poorly drained to poorly drained, nearly level and gently sloping, salt -affected soils in narrow foothill valleys, on fans, and on low ter races. Slopes are 0 to 6 percent. These soils formed ir alluvium. The soils are extremely variable. The upper 24 inches ranges from loam to clay, and the underlying layers ars generally gravelly. The soils are commonly gleyed frorr the surface down. Stratified sand, gravel, and cobble: are at a depth of 24 to 40 inches. In some areas, grave and cobbles are at or near the surface.. Included with these soils in mapping are small, isolat ed areas of Arvada, Limon, and Heldt soils that hay( slopes of 1 to 6 percent. Small areas of severely alkali affected soils are identified by an alkali spot symbol These areas make up 10 to 15 percent of the map unit The water table is at or near the surface at times mainly during spring and summer. The level of the wate table is strongly influenced by the seasonal water level ir nearby streams and rivers and higher Tying irrigatior ditches. Water seeps from the ditches into these soils These soils are subject to rare or occasional flooding This unit is used mainly for grazing. Some hay is grown in areas drained by ditches. Yield; are low because of saline condition. Alkali-toleran grasses and legumes must be grown for productive ha) and pasture. The native vegetation consists of willows, tamarisk cottonwoods, and alkali- and water -tolerant grasses. Came birds, rabbits, deer, and other wildlife find habi tat on these soils. Ducks and geese nest in the more swampy areas. Mourning doves nest in the cottonwoods and tamarisk. Rabbits and deer find adequate food anc cover on these soils. Where the soil has been drainer and is suitable for hay and pasture, planting food plots trees and shrubs, and nesting cover enhances habitat for upland wildlife. Where the water table is high, oper water for waterfowl can be developed by blasting or excavating. Community development is limited by flooding anc depth to water table. Onsite investigation is necessary for appropriate design and construction to overcome these limitations. These soils are in capability subclass Vlw, nonirrigat- ed. 28--Heldt clay loam, 1 to 3 percent slopes. This deep, well drained, nearly level soil is on alluvial fans and sides of valleys. Elevation ranges from 5,000 to 6,000 feet. This soil formed in fine textured alluvium derived from shale and sandstone. The average annual precipitation is about 14 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 grayish brown clay loam about 8 inches thick. The subsoil is light brownish gray clay loam about 13 inches thick. The substratum is light gray clay to a depth of 60 inches. 104 TABLE T. --BUILDING SITE DEVELOPMENT --Continued SOIL SURVEY Soil name and map symbol Shallow excavations 12" : Inchau 13 Chilton 14 Chilton 15 Chilton 16 Cimarron 17 Cochetopa 18', 19': Cochetopa Jerry 20''. Cryaquolls 21': Cushman Lazear 22 Gateman 23 Detre 240: Dollard Rock outcrop. 25 Etoe 26•: Farlow :Severe: I slope. :Slight Moderate: slope. Severe: : Slope. :Moderate: : too clayey. ;Severe: : slope. :Severe: ; slope. 4 :Severe: : slope. { :Severe: : slope, : cutbanks cave. ;Severe: depth to rock, : slope. :Severe: : slope, : depth to rock. :Severe: : slope. Y :Severe: : slope. :Severe: ; slope, large stones. :Severe: slope. See footnote at end of table. Dwellings without basements i ! P :Severe: ; slope. :Slight Dwellings with basements Small commercial buildings Local roads and streets !Moderate: : slope. :Severe: ! slope. :Severe: ! Shrink -swell, ; low strength. :Severe: : shrink -swell, : slope, ; low strength. :Severe: shrink -swell, ; slope, low strength. :Severe: : slope, : shrink -swell, low strength. ;Severe: slope. :Severe: ; slope, : depth to rock. Severe: slope. :Severe: : slope. :Severe: ; slope, shrink -swell, ; low strength. :Severe: : slope, ; large stones. :Severe: : slope. :Severe: ; slope. :Slight --------- :Moderate: I slope. 1 :Severe: slope. :Severe: shrink -swell, : low strength. ;Severe: : shrink -swell, ; slope, : low strength.. :Severe: shrink -swell, : slope, ', low strength. :Severe: ; slope, shrink -swell, : low strength. :Severe: ; slope. Severe: depth to rock, slope. Severe: slope, depth to rock. :Severe: slope. Severe: slope, shrink -swell, depth to rock. ;Severe: : slope, ; large stones. :Severe: slope. :Severe: slope. --:Moderate: ' slope. Severe: slope. Severe: slope. :Severe: : shrink -swell, ; low strength. :Severe: : shrink -swell,. : slope, : low strength. :Severe: shrink -swell, ; slope, : low strength. :Severe: slope, : shrink -swell, ; low strength. :Severe: slope. ;Severe: slope, ; depth to rock. :Severe: ; slope. Severe: slope. Severe: slope, shrink -swell, : low strength. ;Severe: : slope, ; large stones. :Severe: : slope. :Severe: ; slope. ,Slight. :Moderate: : slope. :Severe: slope. :Severe: ; shrink -swell, : low strength. :Severe: ; shrink -swell, : slope, ! low strength. :Severe: ! shrink -swell, : slope, : low strength. :Severe: : slope, ; shrink -swell, : low strength. !Severe: slope. :Severe: ; depth to rock, ; slope. :Severe: : slope. ;Severe: ; slope. :Severe: slope, ; shrink -swell, : low strength. !Severe: i slope, : large stones. :Severe: ! scope. RIFLE AREA, COLORADO Soil name and map symbol 12': Inchau 13 Chilton Ie - Chilton 15 Chilton 16 Cimarron 17-- Cochetopa 18*: Cochetopa Jerry 191: Cochetopa Jerry 2001. Cryaquolls 21': Cushman Lazear 22 TABLE 8.--SAHITAEY FACILITIES --Continued Septic tank absorption fields ! ;Severe: I slope, I depth to rock. ;Slight ;Moderate: I slope. 1 :Severe: I slope. :Severe: 1 peres slowly. :Severe: 1 peres slowly, I slope. i (Severe: I percs slowly, I slope. : Sevf re : I slope, 1 peres slowly. :Severe: I peres slowly, I slope. :Severe: I slope, I peres slowly. gateman 23 Detre Dollard ISevere: I depth to rock, I slope. ISevere: I depth to rock, slope. ISevere: slope, I depth to rock. ;Severe: I slope. ISevere: slope, I peres slowly, depth to rock. 1 See footnote at end of table. 1 Sewage lagoon areas ;Severe: I slope, I depth to rock. ;Severe: I seepage. ;Severe: seepage, slope. Severe: seepage, slope. Severe: slope. ;Severe: I slope. :Severe: I slope. ;Severe: I slope. :Severe: ; slope. ! :Severe: I slope. :Severe: I depth to rock, I slope. :Severe: 1 depth to rock, I slope. ISevere: 1 slope, 1 depth to rock. Severe: slope. :Severe: I depth to rock, slope. Trench sanitary landfill Area sanitary landfill I 1 ;Severe: :Severe: I slope, 1 slope, 1 depth to rock. 1 , . 1 I I I ISevere: :Severe: I seepage. 1 seepage. 1 1 :Severe: :Severe: 1 seepage. : seepage. II I I I I !Severe: :Severe: 1 seepage. 1 slope, ! I seepage. I 1 . 1 !Severe: :Slight I too clayey. I 9 I :Severe: :e : too clayey, 1S:1:;:! I slope. I I I : : =Severe: :severe: I too clayey. I slope. 1 1 k + ! 1 (Severe: :Severe: 1 too clayey. : slope• i , I II , i 1 1 1 :Severe: (Severe: I too clayey, ! slope. I slope. ' 1 !Severe: I slope, I too clayey. ;Severe: I depth to I slope. ISevere: I depth to I slope. ISevere: I slope, I depth to ;Severe: I depth to ISevere: I slope, too clayey, depth to rock. :Severe: I slope. 1 ;Severe: rock, 1 slope. :Severe: rock, I slope. ISevere: I slope. rock. ;Severe: rock. I slope. 1 :Severe: : slope.. 109 I Daily cover I for landfill !Poor: 1 slope, 1 thin layer, I area reclaim. :Poor: 1 small stones. 1Poor: small stones. :Poor: 1 small stones, I slope :Poor: 1 too clayey. IPoor: I slope, I too clayey. :Poor: I slope, I too clayey. ;Poor: I slope, I too clayey. :Poor: I slope, I too clayey. :Poor: 1 slope, too clayey. ;Poor: 1 slope, 1 thin layer. :Poor: I slope, : thin layer, I area reclaim. :Poor: 1 slope, 1 small stones, : area reclaim. :Poor: : slope. :Poor: : slope, I too clayey, thin layer. 110 Soil name and map symbol 2+1*: Rock outcrop. 25 Etoe TABLE 8. --SANITARY FACILITIES --Continued ' f Septic tank ; Sewage lagoon : Trench absorption ; areas ; sanitary fields ; landfill Severe: slope, large stones. 26*: Farlow ;Severe: I slope, : depth to rock. Rock outcrop. 27'. Halaquepts 28, 29 :Severe: Heldt ' peres slowly. 30 Severe: Heldt peres slowly. 31 :Severe: Heldt : slope, percs slowly. 32 :Severe: Holderness Variant I slope, peres slowly. 33 :Severe: Ildefonso : slope, : large stones. 34 'Severe: Ildefonso slope, large stones. 35*: Ildefonso Lazear 36, 37 Irigul 38*. Irigul Starman :Severe: I slope, large stones. :Severe: slope, I depth to rock. 1 Moderate: : slope. :Severe: slope. Severe: slope. Severe: slope. :Severe: slope, I seepage. :Severe: I slope, : seepage. -:Severe: :Severe: : slope, : slope, 1 large stones. : seepage. • I :Severe: :Severe: 1 depth to rock, I depth to rock, aslope. I slope. 1 � :Severe: :Severe: : slope, slope, : depth to rock. I depth to rock. : I I ' r 1 1 I I � :Severe: :Severe: : slope, ' slope, : depth to rock, depth to rock. e :Severe: Severe: 1 slope, slope, : depth to rock. I depth to rock, small stones. See footnote at end of table. :Severe: : slope, large stones. :Severe: : slope, I depth to rock. :Severe: : too clayey. Severe: too clayey. Severe: : too clayey. :Severe: too clayey. :Severe: 1 large stones, I seepage. :Severe: slope, : large stones, seepage. Severe: I slope, 1 large stones, seepage. :Severe: 1 slope, ' depth to rock. Severe: slope, depth to rock: Severe: slope, depth to rock. Severe: slope, depth to rock. Area sanitary landfill Severe: slope. Severe: slope. Slight :Moderate: I slope. :Severe: I slope. :Severe: : slope. Severe: slope, seepage. SOIL SURVE Daily cover 1 for landfill Poor: slope, large stones. Poor: slope, small stones. (Poor: : too clayey. :Poor: : too clayey. :Poor: I slope, : too clayey. :Poor: : slope, too clayey. :Poor: slope, large stones. Severe: Poor: slope, : slope, seepage. : large stones. Severe: slope, seepage. Severe: slope. Severe: slope. Severe: slope. Severe: slope. Poor: slope, : large stones. :Poor: 1 thin layer, I slope, : area reclaim. :Poor: 1 slope, : thin layer, area reclaim. :Poor: slope, thin layer, area reclaim. :Poor: : slope, : thin layer, : area reclaim. RIFLE AREA COLORADO 115 TABLE 9. --CONSTRUCTION MATERIAL'S --Continued Soil name and map symbol Roadfill Sand ; Gravel Topsoil Inchau Poor: slope, thin layer, area reclaim. 1 i3, 14 ;Fair: Chilton ; low strength. 15 ;Fair: Chilton ; slope, ; low strength. 16 ;Poor: Cimarron ; shrink -swell, ; low strength. 11 "r Poor : Cochetopa ; shrink -swell, slope, ; low strength. 18*: Cochetopa ,Poor: shrink -swell, ; low strength. Jerry ;Poor: slope, shrink -swell,. ; low strength. 19*: Cochetopa ;Poor: ; shrink -swell, ; slope, low strength. Jerry ;Poor: slope, ; shrink -swell, low strength. 24*. Cryaquolls 21*: Cushman Lazear 22 Dateman 23 Detra ;Unsuited: ; thin layer. :Unsuited • Unsuited: thin layer. Poor: slope, small stones, area reclaim. ;Unsuited Poor: ; small stones. 1 ;Unsuited ;Unsuited ; 1 I ;Unsuited ;Unsuited Poor: too clayey. " I I I ;I f ;Unsuited ;Unsuited ;Poor: I I I slope, I ; ; small stones. 1 + I , I I I I ;Unsuited ;Unsuited ;Poor: i ; slope, ; ; small stones. 1 i ;Unsuited ;Unsuited ;Poor: ; ; 1 slope, I ; large stones, I I ; too clayey. I I I I r " ; I ;Unsuited ;Unsuited ;Poor: ; ; slope, ; small stones. I I 1 , I 1 ;Unsuited Poor: small stones, slope. ;Unsuited ; , i ;Poor: ;Unsuited: ' thin layer, ; excess fines. area reclaim. ,Poor: ;Unsuited ; thin layer, slope, area reclaim. Poor: slope, ; thin layer, ; area reclaim. ;Poor: i low strength. See footnote at end of table. Unsuited Unsuited Unsuited: excess fines. Unsuited Unsuited: excess fines. ;Poor: ; slope, large stones, ; too clayey. ;Poor: ; slope, ; small stones. ;Poor: ; large stones, ; slope. ;Poor: ; slope, 1 small stones, 1 area reclaim. ;Unsuited ;Poor: ; slope. ; 116 TABLE 9. --CONSTRUCTION MATERIALS --Continued SOIL SURVE' Soil name and map symbol 246: Dollard Roadfill ;Poor: thin layer, Slope, : low strength. Rock outcrop. 25 :Poor: Etoe : slope, ! large stones. 266: Farlow ;Poor: : slope. Rock outcrop. 27'. Halaquepts :Unsuited 1 Sand Gravel Topsoil ;Unsuited :Poor: 1 i Slope, r 1 ; too clayey. , , 1 : 3 , ;Unsuited :Unsuited: ;Poor: : : large stones. : slope, 1 I : small stones. ;i : Unsuited :Unsuited :Poor: 1 slope, i 1 small stones. ; 1 28, 29, 30 Poor: ;Unsuited Heldt 1 shrink -swell, 1 low strength. 31 ;Poor: :Unsuited: :Unsuited: :Poor: Heldt : shrink -swell, : excess fines. : excess fines. : slope, : low strength. : : 1 too clayey. ; 1 8 32 :Poor: :Unsuited ;Unsuited ;Poor: Holdernes5 Variant : low strength, : : ; slope. 1 shrink -swell. . 1 , 1 1 : 1 : 33 :Poor: :Unsuited :Unsuited -:Poor: Ildefonso : large stones. 1 1 : slope, 1 1 : : : large stones. 11 1 : : 34 ;Poor: :Unsuited :Unsuited Poor: Ildefonso 1 slope, : : slope, : large stones. : : large stones. 1 1 1 1 356: : : Ildefonso !Poor: :Unsuited :Unsuited :poor: : slope, : : slope, !stones. lar a 1 g : ; large stones. 1 , Lazear :Poor: !Unsuited Unsuited :Poor: : slope, 1 : slope, 1 thin layer, : : small stones, area reclaim. : area reclaim. 1 : 36, 37 ;Poor: :Unsuited :Unsuited Poor: Irigul : slope, : : slope, : thin layer, 1 : small stones, 1 area reclaim. : : area reclaim. 1 :Unsuited ;Poor: : too clayey. 38': Irigul Starrran ;Poor: :Unsuited :Unsuited ;;Poor: slope, 1 : : slope, : thin layer, ! 1 : small stones, ! area reclaim. : : : area reclaim. 1 1 : 1 , :Poor: :Unsuited: !Unsuited: :Poor: : slope, : thin layer. : thin layer. ! slope, : thin layer, : : : area reclaim, : area reclaim. : : : small stones. 1 1 . j 1 See footnote at end of table. RIFLE AREA, COLORADO TABLE 10. --WATER MANAGEKENT--Continued Soil name and map symbol Pond reservoir areas : Embankments, : dikes, and levees } 14, 15 ;Seepage, Chilton : slope. 16 } ;Slope Cimarron : 17- ;Slope Cochetopa i8', 19': Cochetopa ;Slope Jerry ;Slope 20a. Cryaquolls Seepage ;Hard to pack--- } }Hard to pack --- Hard ; ;Hard Drainage ; irrigation Slope ;Droughty, : slope. Slope, ;Peres slowly, peres slowly. 1 slope. Peres slowly, slope. to pack---;peres slowly, : slope. to pack ---;Slope, 1 peres slowly. } 21': } r Cushman :Slope, :Thin layer I;Slope, ; depth to rock.: depth : , :Thin layer, :Slope, 1 depth to rock.: large stones. I depth r Lazear 22 - }Slope, Dateman 23 Detra 24': Dollard Rock outcrop. 25 Etoe 260: Farlow Rock outcrop. 27*. Halaquepts {Slope, ; depth ;Sirpe, 1 dapth : :Slope, 1 depth ;Thin to rock.; ;Thin to rock.; layer- ;Slope layer ;Slope, 1 depth :Depth to rock, slope, : peres slowly. :Thin layer, to rock.: hard to pack. ; :Large 1 :Thin layer, rock.: large stones. : ;Slope, 1 seepage. ;Slope, 1 depth to 1 ;Slope, 1 percs ;Slope, 1 percs i :Slope, 1 peres ; slowly. slowly. slowly. :Slope, to rock.: rooting depth. :Large stones, to rock.: droughty, } rooting depth. }Slope :Slope to 'ock.1 } stones ---:Slope, 1 large stones. 28, 29------------:Slope----------:Hard Heldt : 1 ; r 30 :Slope }Hard Heldt r r 31 ;Slope :Hard Heldt 1 11 : r 32 }Slope :Hard : Holderness Variant See footnote at end of table. ;Slope, ; large stones. 1 to pack ---:Peres slowly, : slope. 1 to pack ---:Peres slowly, 1 slope. r r to pack ---:Peres slowly, ; slope. to pack ---:Slope, ; peres slowly. Terraces and diversions Slope Slope, percs slowly. Peres slowly, slope. Peres slowly, slope. Slope, percs slowly. 121 Grassed waterways 1Droughty, t slope. Slope, peres slowly. ;Peres slowly, ; slope. 1 ;Peres slowly, : slope. 1Slope, percs slowly. :Slope, ;Slope, : depth to rock.: depth to rock. I r I :Large stones, :Large stones, 1 slope, : slope, : depth to rock.: rooting depth. r , r :Slope, ;Slope, 1 depth to rock.} rooting depth. :Slope ;Slope. r r : I I , I t : r :Slope, ;Depth to rock, ;Peres slowly, : peres slowly, 1 percs slowly, : slope, ; rooting depth.; slope. 1 rooting depth. r : t r r a : r Slope, :Droughty, large stones. 1 large stones, slope. ; :Slope, :Slope, 1 large stones. 1 large stones, 1 1 droughty. :Droughty, 1 slope, 1 large stones. ;Slope, 1 droughty, : large stones. } :Slope, 1 peres slowly. :Slope, peres slowly. ;Slope, : percs slowly. :Slope, 1 peres slowly. 1 :Peres slowly--- e r :Peres slowly, } slope. :Slope, peres slowly. :Slope, peres slowly. Peres slowly. :Slope, percs :Slope, 1 peres :Slope, 1 peres slowly. slowly. slowly. RIFLE AREA, COLORADO TA3LE 13.--ENGIHEERIHG.INDEX PROPERTIES--Continuec 135 Soil name and map symbol I Classification Depth; (USDA texture 1 T : Unified : AASHTO 1 Frag- ments 3 1 1 inches: Percentage passing sieve number -- i 10 1 40 200 Liquid : Plas- limit 1 ticity 1 index 8': Azeltine 9'. Badland 10, 11 ct 1 1 0-181Gravelly sandy ;SM 1A2, A-41 0-5 I loam. 1 : : 18-601Sand, gravel, 1GP, SP :A-1 135-60 I and cobbles. : i I II I : I I I 1 1 I 1 :A-2, A -?41 IA -4 : 0-5 0-14:Sandy loam 1SM Segay 14-24:Fine sandy loam,;SM, ML I very fine sandy: I 1 loam. :24-60:Stony sandy ISM : loam, stony 1 fine sandy : 1 loam. 1 I 1 I 1 r I 12': 8uckion 0-5 :Loam :CL 5-15:Clay loam, loam ICL 15 :Weathered 1 bedrock. I / 1 I 1 I Inchau .ct. 1 f 1 : 70-85 :50-75 140-65 125-40 : 1 : 25-70 120-65 110-30 1 0-5 1 1 1 : : HP I NP 0 95-100195-100165-80 130-50 --- : HP 95-100195-100170-95 140-65 15-25 : HP -5 1 I 1 I I + 1 I I 1 A-4120-35 :80-95 185-90 155-80 125-50 : HP 1 1 1 I 1 Y 1 r 1 1 I 1 I 1 : IY I I 1 I 1 1 1 1 1 , 1 1 I I I i 1 1 1 1 I I t 1 I a 1 I IA -6 1 0 195-100195-100180-100:60-80 1 25-35 1 10-15 IA -6, A-711 0 180-100175-95 :65-95 150-85 1 25-50 1 10-25 1 1 1 1 : : :50-70 125-35 I 5-10 135-60 1 25-35 1 5-15 1A-2, 0-3 :Loam :CL -ML, ML1A-4 3-36:Gravelly loam, IGM-GC, 1A-4, A-6 I gravelly clay : GM, GC, 1 1 loam, clay I CL I 1 I 1 loam. 36 :Weathered I bedrock. : 13, 14, 15 1 0-131Channery loam ---:SM Chilton 113-601Very gravelly IGM 1 loam, very 1 1 cobbly sandy 1 1 loam, very I 1 channery sandy 1 : I loam. I 1 1I 1 t 16 0-4 :Loam IML Cimarron 4-60IClay, silty clay:CH, CL I loam, silty : clay. 17 0-21:Loam ML Cochetopa :21-60:Clay, stony ICL, CH I 1 clay, stony 1 : 1 clay loam. 1 I1 18', 19': 1 1 1 Cochetopa 1 0-21:Loam ;ML I21-60:Clay, stony ICL, CH : 1 clay, stony 1 I clay loam. 1 4 1 Jerry 1 0-3 :Stony loam ICL, CL- 3-60:Stony clay, CL, CH I cobbly clay 1 loam, cobbly 1 clay. 1 Y 1 : Cryaquolls 1 1 20'. See footnote at end of table. L --- 1 r : 0 175-100175-100:70-90 0-10 1 1A-2, A-41 0-5 IA -2 : 5-30 : 1 P1 1 1 i1 t 1 1 1 1 :A-4 :A-7 1 :A-4 :A-7 IA -4 1A-7 1 ❑ I 0-10 I 0-5 1 5-30 1 1 1 0-5 1 5-30 A-4, A-6: 5-15 A-7 :20-30 1 55-85 150-85 145-80 1 : f I i 1 I 4 I r I I 70-80 160-70 1445-55 40-60 130-60 125-40 I i I I 1 1 : 1 1 , 1 I I 90-100:90-100185-95 160-75 1 95-100195-100190-100175-90 1 1 , 1 + t 1 1 1 : 1 1 I 1 85-100180-95 170-90 150-80 1 20-30 70-90 60-90 155-85 :50-80 1 1 1 1 I I 1 1 I 1 1 1 85-100180-95 170-90 :50-80 1 70-90 160-90 155-85 150-80 1 I : : 1 I 1 I I I I I 1 I I I : 1 1 1 I I 30-45 1 15-25 1 NP -5 15-35 1 --- : HT -10 : 1 : 1 , 1 1 20-30 1 HP -5 45-70 1 30-45 75-100 70-90 75-100170-90 70-80 60-70 55-70 40-60 HP -5 20-40 20-30 1 HP -5 40-60 1 20-40 20-35 50-60 1 40-60 5-15 25-45 136 TABLE 13. ENGINEERING INDEX PROPERTIES --Continued Soil name and ':Depth: USD„ texture map symbol 211. Cushman Lazear 22 Dateman 23 Detra T I : Classification ; r�1 Percentage passing 1 1 :meets 1 sieve number -- 1 Unified : AASHTO 1 > 3 I 1 1 finches; 1 1 0-3 1Stor+y loam ICL -ML, ML1A-4 3-111Clay loam, sandy1CL JA -6 I clay loam, loam: 1 11-32:Loam, gravelly 1CL-ML, :A-4 loam, very 1 GM -GC 1 gravelly loam. 1 32 Weathered --- -, : bedrock. ' I I 1 1 I 1 I 1 1 I 0-4 :Stony loam GM -GC, :A-2, A-4110-20 150-80 150-80 140-60 30-50 4-16:Stony loam SM -SCC :A-4 115-35 175-85 170-85 150-70 ,35-50 16 :Unweathered --- 1 bedrock,i 1 I I 1 I + 4 1 1 I I f 1 I 1 , 0-3 :Gravelly loam1GM-CC IA -2, A-41 5-10 155-75 50-70 :40-60 130-50 3-22:Gravelly sandy IGC :A-2 1 5-15 :50-65 :50-60 130-45 :20-35 1 loam, gravelly 1 1 1 1 1 I 1 1 sandy clay loam; 1 1 1 1 1 22-34:Very gravelly 1GM 1A-1, A-21 5-15 135-55 130-50 125-45 :20-35 1 sandy loam. 1 I 1 1 1 1 1 34 :Unweathered 1 1 1 bedrock, 1 1 r ; ; 1 1 1 1 1 1 0-121Fine sandy loam ISM 1A-4 1 0 I I 12-571Sandy clay loam, IOL 1A-6 1 0 195-100150-70 195-100:50-70 1 clay loam, i : 1 SOIL SURVEY 1 10 1 40 200 :Liquid limit 1 1't , 1 I Pct 1 1 i 1 1 1 1 1 : 1 5-15 190-100190-100185-95 60-75 20-30 1 i 0-10 190-100190-100180-100150-80 25-35 1 ; 1 1 i i 1 1 0 150-90 145-85 140-80 125-60 20-30 1 1 1 1 1 1 r I 1 1 1 1 : + 1 + 1 I 1 : 100 1 100 100 1 100 : 1 1 r r 1 1 1 I I + 1 r I 1 1 1 1 r 195-100 95-100190-100 195-100 95-100190-100 r , 57 :Unweathered 1 --- : --- : --- 1 bedrock. 1 1 ' 1 f t 1 241: 1 1 I • Dollard 1 0-5 Clay ICL, CH 1A-7* A-61 0 5-25 Silty clay, :CH, CL :A-7 1 0 silty clay : 1 : loam, clay. 1 1 1 25 ;;Weathered --- 1 bedrock. : 1 I 1 1 1 1 1 Rock outcrop. 1 1 1 1 I 1 1 1 I 25 I 0-151Loam :ML 1A-4 1 0-10 Etoe 115-24:Cobbly loam, ISM. GM IA -2, A-4150-80 1 very cobbly 1 1 : 1 sandy loam, 1 1 i If very cobbly : : : 1 loam. 1 1 1 124-60:Very cobbly 1GM, 1A-1, 150-80 1 1 sandy clay 1 GM -GC, : A-2, 1 loam, extremely: ML, 1 A-4, I stony sandy 1 CL -ML 1 A-6 1 261; Farlow Rock outcrop. 27*. Halaquepts clay loam, very! cobbly loam. 1 0-10 Channery loam--- ML, GM 110-42:Very channery 1GM 1 : loam, very 1 flaggy loam. 1 42 ;Unweathered 1 1 bedrock. : 1 1 1 1 r 1 , See footnote at end of table. 1 1 IIA -4 1 5-10 1A-1, A-2: 5-45 80-95 80-90 85-100:80-100:70-95 150-70 50-90 40-90 130-60 25-50 50-90 70-80 35-50 40-90 :35-70 :25-60 Plas- ticity index NP -10 10-15 5-10 20-30 : 5-10 20-30 1 5-10 20-30 i 5-10 20-35 1 10-15 NP 1 15-25 : HP -5 30-35 i 10-15 1 35-60 : 15-40 40-60 1 20-40 : 20-30 1 HP -5 15-25 1 NP -5 1 20-35 : 5-15 1 1 1 65-75 160-70 40-55 15-25 1 HP -5 30-40 '25-40 20-35 15-25 1 NP -5 COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST., RM. 818, DENVER CO 80203 phone - info: (303) 866-3587 main: (303) 866-3581 NEW 35+ ACRE RESIDENTIAL Review instructions prior to comDletina form CIi%isl;IVtU SEP 0 7 1.11 we. is Water Well Permit' Application Must be completed in black ink or typed 1. APPLICANT INFORMATION,6. USE OF WELL (check appropriate entry or entries) Nameorapplicant1 Alpine Mountain Club clo Craig Nelson A. Ordinary household purposes in up to 3 single-family dwellings, the watering of domestic animals, and the irrigation of not more than one (1) acre of home gardens and lawns • B. Livestock watering (on farm/ranch/range/pasture) Mailing Address PO Box 2435 City Dillon State CO Zip code 80435 Telephone Number (include area code) 970-468-9240 7. WELL DATA MAXIMUM PRODUCTION RATE OF THE WELL SHALL NOT EXCEED 15 GPM 2. TYPE OF APPLICATION CONSTRUCT A NEW WELL ON A TRACT OF LAND OF 35 ACRES OR MORE 8. TYPE OF RESIDENTIAL SEWAGE SYSTEM , El Septic tank / absorption leach field ❑ Central system District name: 3. REFER TO (if applicable): N/a 0 Vault Location sewage to be hauled to: Monitoring hole acknowledgment # ❑ Other (attach copy of engineering design) 4. LOCATION OF WELL ICounty Garfield ouarterlquarter SW/4 Quarter NW/4 9. PROPOSED WELL DRILLER (optional) Name Shelton Drilling License number 1095 Section 35 Township N or S 7 0 J Range E or W 90 ■ © Principal Meridian 6S1i P.M. 10. SIGNATURE of applicants) or authorized agent Distance of well from section lines 3250 ft, from 0 N ❑x 5 650 ft From El E I w 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 to my knowledge. Well location address, if different from applicant address (if applicable) No street address, access CRD 117 5. TRACT ON WHICH WELL WILL BE LOCATED Must be original signature ii,/,t/ ta 07/71_ e ,,,_;,_ 2.._ i vfielrYL-.— A. SW/4 of NW/4 Sec. 35, Twp.7S., Rng. 90 W., 6 ' P,M. ATTACH LEGAL DESCRIPTION FOR 35+ ACRE TRACT Development Name Title�1I J ited9,,ePr pt Date ti-- r ? ~00 Office Use Only DWR Map No. Lot no. Unit # DIV • Other CO B. STATE PARCEL ID# {optional): WO C. # acres in tract 40± _ BA D. THIS WILL BE THE ONLY WELL ON THIS TRACT 1 _ USE MD I:,,-rin r.%ve.{II rt'/CI c, COLORADO RIVER ENGINEERING, INC. P.D. Box 1301 Rifle, CO 81650 Tel 970-625-4933 Fax 970-625-4564 September 5, 2000 Janet Maddock Administrative Assistant West Divide Water Conservancy District 109 West 4th St. Rifle, CO. 81650 Dear Janet: Via Hand Delivery RE: Water Contract Application — Alpine Mountain Club LLC On behalf of Alpine Mountain Club LLC, Colorado River Engineering, Inc. is pleased to submit the following application for a water contract with the West Divide Water Conservancy District. Enclosed, in duplicate, please find the required information for the contract water. • APPLICATION AND DATA FORM TO LEASE WATER FROM THE WEST DIVIDE WATER_ CONSERVANCY DISTRICT. • THE WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT LEASE • Table 1, Estimated Water Diversion and Consumptive Demands • General Location Map using WDWCD water structures map The contract water will be used for the development of three exempt subdivisions with a total of 10 residential units located near sunlight ski area_ The domestic supply allows for the development of wells, springs, or surface diversions from unnamed tributaries to Fourmile Creek. The residential supply will be comprised of in-house potable uses and minimal outside irrigation demands of 1,500 -sq. ft. per lot. The estimated annual water usage (actual diversions) for the proposed subdivisions will be approximately 4.54 acre-feet which includes 3.92 acre-feet for in-house use and 0.62 acre-feet for irrigation of landscaped areas. Table No. 1 provides a summary of the water use demands. The proposed diversion points are located within the Fourmile Creek drainage area. This is above the headgate of the Atkinson Ditch and is classified as `Location A" in the district's Fourmile Creek Augmentation Plan decreed in Case No.94CW344. We understand that the water contract will be based on diversion amounts until such a time that either the District or Alpine Mountain Club, LLC develops an augmentation plan through the water courts. A portion of the subdivision is Iocated within the Garfield Creek watershed. Water supplied to this area will require a 100% augmentation replacement to Fourmile Creek. We are available at your convenience to address any questions or issues that might develop during your staff's review of the application packet. Please do not hesitate to call if you have any questions, (970) 625-4933. CM:cm Encl CC: Craig Nelson Tom Warnes Peter Belau C:1CREjobfiles620-Stmgicsmt WDWCDApp.dne Sincerely, Christopher Manera 2 Revised 2/16/00 Contract #FM000906AMC(a) Map #21 Date Activated 09/06/00 APPLICATION AND DATA FORM TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT A. APPLICANT Name At fwre. f\6s+rFA+n (JL) LLC-- _ cia Crat5 N&,lscn,_ Mailing Address p 0 p r x ),13 S L7 , lli:'\ X13.5 Telephone / 7o / - qa qG Authorized Agent or Representative C. kr i t•K, F+ - m rte �/ r . 7t Lc 1 A.+JeC EAVeri�i�1 tri B. WATER RIGHT OWNED BY APPLICANT OR BEING APPLIED FOR 1 Name of Right Su Affen ; A TypeofStructureorRight tells srr,n rs�rfAt 4,kiwiits Location of Point of Diversion (description from decree or permit) fie,_ Aft), ai i y .# Water Court Case No. N/A Well Permit No. (Attach copy ofpermit) C. IIrTTENDED USE OF LEASED WATER Location of Area of Use (Include metes and bounds legal description of property on which water right is to be used. May be attached as Exhibit) $ 014 1) NE - Lf 'Sado" 34 W- q Sz c;i- 3S CI n , (3) 5 07 I/ 5eC.f f‘ 35 J et [ o f 7"e s;.l nti k 7' f^g1JIA z vile Cie u/t51- ibe- 6 P 01. Total acreage of above -referenced parcel /sSO Address of above -referenced property Description of Use Dc:nes Prdrm Estimated Sq. Ft. of Lawn and Garden to be Irrigated r5, coca Method of Irrigation: Flood Sprinkler X Drip Other Total Number of Dwelling Units / D Number of Constructed Units l' Number of Vacant Lots /0 Potable Water System wells sa;, ,304. ti,r,:05Waste-Water Treatment System Sir)-ic./L-es:ch gids Type of Meter or Measuring Device_14 f,;1;'"� fit Ai j4er Projected Monthly Volume of Leased Water Needed in Gallons: (Sem 7 bl 1) THESE FIGURES ARE X_ ACTUAL DIVERSIONS OR CONSUMPTIVE USE ONLY (Actual diversions must be used unless coat/act= has an augmentation plan) fan. IcS,Cc i Feb. 9 SPItt Mar. 102 50 Apr.)(Pt 'T May 137,221 June. lt.3 `ia July 1‘1.9 17 Aug. 140,73-Z Sept./31,01 Oct.107,204 Nov. )041.` 11 Dec. 10,..-74'1 Annual Total Gallons 1479 s-3 Acre Feet q, S y Maximum Instantaneous Demand A 0 gpm (kg tAEI, sft4L1) D. OTHER REMARKS 1Jiut'r•,,r„,S Lc iU k till lined erthie pC _ a 4,F Date 47- 5 —. U00 1 Applicant reti;drt a[ ' fe[c1 5 Grcek W;f10,11.1 Applicant Appendix A — Description of Facilities Mountain Club Well No. 2: • Source — Unnamed tributary of Fourmile Creek. • Location — At a point in the SWI/4 of the NW1/4 of Section 35, Township 7 South, Range 90 West of the 6th Principal Meridian approximately 3,250 feet North of the South section line and 650 feet East of the West section line in Garfield County. • Diversion Rate -20.0 gpm. • Uses Domestic, fire protection, and lawn im tion. Mountain Club Well No. 3: • Source — Unnamed tributary of Fourmile Creek. • Location — At a point in the SE 114 of the SW I14 of Section 35, Township 7 South, Range 90 West of the 6th Principal Meridian approximately 1,150 feet North of the South section line and 2,000 feet East of the West section line in Garfield County. • Diversion Rate — 20.0 gpm. • Uses — Domestic, fire protection, and lawn irrigation, Mountain Club Spring No. 1: • Source — Unnamed tributary of Fourmile Creek. • Location — At a point in the SW 1/4 of the NW 114 of Section 35, Township 7 South, Range 90 West of the 6th Principal Meridian approximately 3,520 feet North of the South section line and 820 feet East of the West section line in Garfield County. • Diversion Rate — 20.0 gpm. • Uses — Domestic, fire protection, and lawn irrigation. Mountain Club Spring No. 2: • Source — Unnamed tributary of Fourmile Creek. • Location — At a point in the NE1/4 of the SWI/4 of Section 35, Township 7 South, Range 90 West ofthe 6th Principal Meridian approximately 1,320 feet North of the South section line and 2,150 feet East of the West section line in Garfield County. • Diversion Rate — 20.0 gpm. • Uses — Domestic, fire protection, and lawn irrigation. Mountain Club Spring No. 3: • Source — Unnamed tributary of Fourmile Creels • Location — At a point in the NW 114 ofthe SW 1/4 of Section 35, Township 7 South, Range 90 West of the 6th Principal Meridian approximately 2,060 feet North of the South section line and 260 feet East of the West section line in Garfield County. • Diversion Rate — 20.0 gpm. Uses — Domestic, fire prot:etion, and lawn irrigation. Mountain Club Pump and Pipeline No. 1: • Source —Unnamed tributary of Fourrnile Creek. • Location — At a point in the SEI14 of the NW1/4 of Section 35, Township 7 South, Range 90 West of the 6th Principal Meridian approximately 2,870 feet North of the South section line and 2,400 feet East ofthe West section line in Garfield County. • Diversion Rate — 20.0 gpm. • Uses — Domestic, fire protection, and lawn irrigation. Mountain Club Pump and Pipeline No. 2: • Source — Unnamed tributary of Fourmile Creek. • Location At a point in the SE1/4 of the SWI/4 of Section 35, Township T South, Range 90 West of the 6th Principal Meridian approximately 350 feet North of the South section line and 2,250 feet East ofthe West section line in Garfield County. • Diversion Rate — 20.0 gpm. • Uses — Domestic, fire protection, and lawn irrigation. ,fl 0 > E mi 7 � o 0 E • ain 0 1 % Ia 0 J E Z. c m Gt a mi a'°' 4.1 la E 0 W ANNUAL' co cis N o o rn v N OED un o 8 9cr o « 0 ..- - a , W G M2 [7 0 e 6 • c'l� un p o a� 6 d > Z . . - 000'0 _ZZVO. N el" o v CO O 6 o 4 o CO O 0 +- 6 OCT_, COO a o 0.3371 0.050 1 0.003 oO 6 u (j CV oo C4 CO 'V 0 o O 6 ia)uD _ 6 ,it a co CO 0 a�7m dv. CV o cv elq 6L0'0 090'0 • on N o co 0 -: '"2 .: CO (v) O F0.1841 RCL? co q 0-0 0 T" � ..' d o r CSD 6 c*] *' = -- � N 6 0.181 0.503 0.048 0.145 QS 0 - `r :' : r Q 0 o c) o . 0 N C] o N 0 o APR n r)o 00 0.322 f v [V co o 8o 6o COe� o6 a v IX co v 00 dell 0 v0 0.050 0.000 0 Q er CC r 0 00 r 0 tr - • ' In o o6 to`cf o Zc"7 ., CO W 7 0 Residential in-house ac -ft 0.333 Lawn irrigation ac -ft 0.000 co o q u 10 • m � l OPm 2.41 CONSUMPTIVE USE: Residential In-house ac -ft 0.050 Lawn irrigation ac -ft 0.000 0 0 o u 44 to To t°- gpm 0.4. N CALCULATING DEMANDS 0 W U3 4 F••• a 0 OC 4 ett m C m 00 0 rJ o Z'. 41 >1 01 Z; 1-I U1 Qin CD I f f 1J "i 41 LO W Z 1 4 1 d.' q rt 0 iY 4 fV 0 M a c 0 0 ta c W!0 C 01 0 0_."E ©EMAN DS3exemptions.123 8 0 tis 0 REVISED 7/29/99 Name of Appl leant: Contract #FM000906AMC(a) Map #21 Date Activated 09/06/00 WEST DIVIDE WATER CONSERVANCY DISTRICT WAIFR ALLOTMENT CONTRACT/TTASE Quantity of Water in Acre Feet Li 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 CRS. 1973, §37-45-101, et seq., (hereinafter referred to as the "District") for an allotment contract/lease to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this contract/lease and the attached application, Applicant hereby agrees to the following terms and conditions: 1. Water Rights: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water, which will be supplemented and augmented by water leased herein. If Applicant intends to divert through a well, it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources. 2. Quantity: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point ofdiversion 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 Districts sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the teams and conditions of this =tract/lease. The District and the Applicant recognize that some of the District's decrees may be in the name ofthe Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may be dependent on the consent of the Colorado River Water Conservation District If at any time the Applicant determines it requires less water than the amount herein provided, Applicant may so notify the District in writing, and the amount of water allotted under this contract/lease shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and location S fBeneficial Use Any and all water allotted Applicant by the District shall be used for the following beneficial use or ups; municipal, domestic and related uses, or commercial (except to the extent that Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract No. 2-07-70-W0547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicants control. 4. Decrees and Delivery: Exchange releases made by the District or. of storage from Ruedi Reservoir and Green Mountain Reservoir, or other works or facilities of the District, or from other sources avaelahle to the District, shall be delivered to the Applicant at the outlet works ofsaid storage fatalities or at the decreed point of diversion for said other sources, and release or delivery of water at such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir or Green Mou.t.ain Reservoir shall be subject to the District's lease contracts with the United States Bureau of Reclamation. Releases from other Facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases firm 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 Applicants 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 arnount 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 paints of diversion. The District shall request the Colorado Division of Water Rmouroes to estimate any conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case. 5. Alternate Point ofDiversion and Plan ofAutementation: 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 resionsibility of Applicant. The District reserves the right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated herein, and further agrees to inden nify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted under this contract/lease. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under Paragraph 19 below. In any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof. 6. ContrAdllease Payment Ncerrefimdable, one time administrative charge, in the amount determined pined by the Board of Directors of the District from time to time, shall be submitted with the application fix consideration by the District Annual payment for the water service described herein shall be determined by the Board of Directors of the District The initial annual payment shall be made in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the initial payment shall apply and the price which is applicable to that year. Annual payments for each year thereafter steal'. be due and payable by the Applicant on or before each Ianuary I. If an annual payment is not made by the due date a flat $50 late fee v. ll be assessed. Final written notice prior to cancellation will be sent certified mail, return receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set forth in this contract/lease or application. Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. If payment is not made within fifteen (15) days after the date of said written notice, Applicant shall at District's sole option have no further right, title or interest under this csntractllease without further notice, and delivery may be immediately curiaiied. The allotment of water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District. Upon cancellation of this watts allotment contract/lease with the District, the District shall notify the Division of Water Resources offices in Denver and Glenwood Springs. i he Division of Water Resources may then order cessation of all water use. 7. Additional Fees and Costs: Applicant agrees to defray any expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbuz neat of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8, Assignment This contract/lease shall inure to the benefit of the heirs, successors or assigns of the parties hereto. Any assignment ofthe Applicant's rights under this contract/lease shall be subject to, and must comply with, such requirements as the District may hereafter adopt regarding assigrunent ofcontract/lease rights and the assumption of contract/lease obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment contracts/leases. No assignment shall be recognized by the District except upon completion and filing of proper forms for change of ownership. Upon the sale of the real property to which this contract/lease pertains, Applicant has a duty to make buyer aware of this oontract/lease and proper forms for change of ownership must be completed. 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules and regulations of the Board ofDirectors ofthe District; and all amendments thereof and supplements thereto and by all other applicable law. 10. Operation and Maintenance Agreement; Applicant shall enter into an 'Operation and Maintenance Agreement" with the District under terms and conditions determined by the board of Directors of the District, if and when, the Board of said District determines in its sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for additional annual monetary consideration for extension of District delivery services and for additional administration, operation, and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant I I. Change ofUse: The District reserves the exclusive right to review, reapprove or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this contract/lease. 12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described in the documents submitted to the District at the time this contract/lease is executed, or in any operation and maintenance agreement provided by Applicant Any use outer 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 fe.: title interest in or to any water or water rights referred to herein. 14. Conservation: Applicant shall use oornmanly accepted conservation practices with respect to the water and water rights herein, and hereby agrees to be bound by any conservation plan adopted hereafIer by the District for use of District owned or controlled water or water rights. 15, Restrictions: Applicant shall restrict actual diversions to not exceed the Contract/Lease amount, which provides water (on the formula of one acre foot per dwelling) for ordinary household purposes inside one single family dwelling, the watering of domestic livestock, fire protection, and the irrigation of up to 6,000 square fent of lawn and garden. Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Watering of livestock shall be restricted to Applicants domestic animals not to be used for commercial purposes unless Applicant obtains approval from the Colcrado Division of Water Resources for commercial use/livestock watering at a horse boarding facility, provided that in no event shall actual diversions exceed the amount of water provided by this Contract/Lease. Violation of this paragraph 15 shall be deemed to be a material breath of this Contract/Lease, 16. Well Permit: If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well permit before District is obligated to deliver any water hereunder, 17. Measuring Device or Meter Applicant agrees to provide, at its own expense, a totalizing flow meter with remote readout to continuously and accurately measure at all times all water diverted pursuant to the terms of Applicant's water right and the terms ofthis contract/lease. Applicant agrees to provide accurate readings from such device or meter to District upon District's request. Applicant acdunowiedges that failure to comply with this paragraph could result in legal action to terminate Applicant's diversion of -water by the State of Colorado Division ofWaler Resources. By signing this ccairact, Applicant hereby specifically allows District, through its authorized agent. to enter upon applicant's property during ordinary business hours for the purposes of determining applicant's actual use of water. 18. Representations: By executing this contract/lease, Applicant agrees that it is not relying on any legal or engineering advice that Applicant may believe has been received from the District. Applicant further acknowledges that it has obtained all necessary legal and engineering advice from Applicant's own sources other than the District Applicant further acknowledges that the District makes no guarantees, warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this contract/lease. 4 Should the District be unable to provide the water contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund from the District. 19. Costs of Water Court Filing and Augmentation Plans: Should the District, in its own discretion, choose to include Applicant's conttac cease herein in a water court filing for alternate point of diversion or plan of augmentation, there Applicant hereby agrees to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceedings. Applicant shall be assessed a pro -rata share of the total cost incurred by the District in preparing, fling and pursuing to decree the water court. case. The pro -rata share shall be calculated by dividing such total cost by the number ofcantractees/lessee^s included in the filing. To the cetera that the District is caused additional costs because of objection filed specifically due to the inclusion of Applicant's contractllease in the filing, such additional costs may be charged specifically to Applicant and not shared on a pro -rata basis by all contractees/lessees.. 20. Binding Agreement This agreement shall not be complete nor binding upon the District unless attached hereto is the farm entitled "Application and Data Farm to Lease Water From West Divide Water Conservancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. All ccrrespondence from the District to Applicant referring to or relating to this agreement is by this t elm ence incorporated into this agreement as further terms and conditions of this agreement 21. Warning IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT/LEASE. IT IS THE CONTINUING DULY OF TITE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELT COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTh. 22. AREA B. CONTRACTS/LEASES: IF APPLICANTS WELL OR OTHER WATER RIGHT THAT IS THE SUBJECT OF THIS CONTRACT/LEASE IS LOCATED OUTSIDE "AREA A" AS DESIGNATED BY THE DISTRICT THEN THIS PARAGRAPH APPI IFS- 1EE AUGMENTATION WATER PROVIDED BY THE DISTRICT UNDER THIS CONTRACT MAY ONLY PROTECT APPLICANTS WATER RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER SENIOR RIGHT NO REPRESENTATION OTHERWISE IS MADE BY THE DISTRICT. IF THIS IS A CONCERN TO APPLICANT, THIS CONTRACT/LEASE MAY BE RESCINDED UPON WRITTEN NOTICE DELIVERED TO THE DISTRICT BY THE APPLICANT WITHIN THE NEXT 30 DAYS FOLLOWING THE AFFIXING OF SIGNATURES ON THIS CONTRACT/LEASE IN WHICH EVENT ALL SUMS PAID BY APPLICANT FOR THIS CONTRACT/LEASE SHALL BE IMMEDIATELY REFUNDED TO APPLICANT. Ps-- Vq0c Applicant Applicant 5 STATE OF COLORADO ) COUNTY OF GAR.FIELD ) ss. The foregoing instrument was acknowledged before me on this .5 day of S e- p4 hAbe r , 2Cla by • 11 A ■ Witness my hand and official. seal. My commission expires: 0. 1 c -3/D ORDER Public FYI a dd. ® Alta a hearing by the Board of Directors of the West Divide Water Conservancy District on the application, it is hereby ORDERED that said application be granted and this contractflease shall be and is accepted by the District ATTEST: WEST DIVIDE WATER CONSERVANCY DISTRICT By President 5. -fit 62 47": -(Secretary Date this contract/lease: This contract/lease includes and is subject to the terms and conditions of the following documents which must accompany 1. Map showing logon of point of diversion (use map provided) 2. Application and Data Form fully completed and signed 3. 6 OW 0 ur 4 ,„. "------1----7, / ,I 1_., --,-=`::- .= - - j - ' 4S--' (...-%' :i m- -----:"-- ` I" • 'I) / '"--" ' IX , - --___ i.,„. I : 1 • - _: . Z ‘( „ , _ „ ....,\ ."-- -• 1 1 _-• ..,___,` " - - - --, \ 1 1' _.-y- ...'",, . _ ;,_, --'='-i ,--- , -- , ---.1 ! „ .... -,..,,,,......:-, 1 \ ''''‘'''..-------------- /7'77 ( • i, (-- z IX 0 VICINITY MAP 0 0, -J • • August 30, 2000 Mr. Peter Belau Enartech Inc. 302 Eighth Street Glenwood Springs, CO 81601 bePAR" 40' RE: Review of 3 Parcels Outside of our District Dear Peter: I have reviewed your proposal for fire protection for the three rarcels outside of our district consisting of letter a dated August 29th and a Fire Protection Plan dated August 28th, 2000. While no approval can be given I would recommend the following changes be made to the Fire Protection Plan for any single family residence that might be built on the property. The plan would then be consistent with our requirements for similar properties. 1. Agreements and Maintenance The property owner shall agree to submit plans for approval to the Glenwood Springs Fire Department on all items listed in the Fire Protection Plan prior to construction. The Fire Protection Plan shall be made a part of the plat notes of the approved plat recorded in Garfield County. Thank you submitting this Fire Protection Plan for our review and recommendations. cerely, D Queen Battalion Chief Glenwood Springs Fire Department 806 COOPER AVENUE GLENWOOD SPRINGS, COLORADO 81601 970/945-4942 FAX 9701945-6040 FIRE PROTECTION PLAN GENE R. HILTON PROPERTY SUBDIVISION EXEMPTION NW/4, SECTION 35, T.7.S., R.90W., 6T" P.M. (160 acres) 8/28/2000 1. Water Supply Water supplies for fire fighting shall consist of a minimum 3000 gallon storage tank from which the fire department can take suction or receive water under positive pressure. This storage tank shall be separate from domestic water supply. Outlets for these tanks shall be a standard 4 /Z -inch hydrant connection. A 4 '/-inch to 2 %-inch connection shall also be provided. Venting and piping shall be arranged so that a minimum flow of 500 gpm shall be maintained. Outlets from these tanks shall be in a location approved by the fire department. The location shall be no more than 150 feet from the building envelope or fire sprinkler connection if the residence is so equipped. 2. Automatic Fire Sprinklers Each residential structure shall have an automatic fire sprinkler system conforming to NFPA 130. Normally these systems have a duration requirement of ten minutes. Because of the remote location of these residences, the sprinkler system shall be connected to the tank providing water for fire protection. 3. Road and Access Requirements Road and access requirements shall be in conformance with Article 9 of the UFC and requirements contained within the Glenwood Springs Emergency Services development guidelines. Knox boxes shall be provided at any gates that might block access. Maximum road grade shall be 13%. Any variance from these requirements shall be reviewed and approved by Emergency Services. 4. Fire Alarm Systems The fire department will respond to activation of automatic fire alarms only when: A. A flow switch on the fire sprinkler system is activated. 8. A RP for the residence or a runner for the fire alarm company has confirmed an emergency. 5. Wild Fire Protection Chapter 8 of NFPA 299 shall be used as a guide for structural location, design and construction, A site analysis by the Colorado State Forest Service shall be requested. 6. Agreements and Maintenance The property owner shall agree to provide their systems for the benefit of ethers when needed by the fire department. The property owner shall provide yearly inspection reports that the required systems and wild land mitigation requirements are maintained as required. Sep -07-00 08:11A • United States Department of the Interior Gene Hilton Ranch Investment Corp. P.O. Box 1274 Littleton, CO 80160 Dear Mx. Hilton: BUREAU OF LAND MANAGEMENT LCLORADD STATE OFFICE 2000 ARAPAHOE ST DENVER. COLORADO 00202 1981 P.02 tM REPLY RLP(R TO CO-946(EH) C-28197 R/W Enclosed is your copy of right -of --way C-28197 for an access road. As discussed with Don Owens in the Glenwood Springs Resource Area Office, a corrected copy of the survey map is required showing the correct townships and range. This is to be submitted within 60 days. Sincerely yours, Merrill G. Anderson, Leader Canon City -Grand Junction Team Branch of Adjudication Enclosure 1 Sep -07-00 08:11A UN1TEJ) STATES DEPARTMENT OF THE INTERIOR BUREAU OF LANE MANAGEMENT COLORADO STATE ()f'FJCF. Right -of -Way Grant CO-946(ED) Serial Nuwbcr C-28197 Expiration Date .Tune 3D 2411 This right -of --way grant, which is a license for a term of 30 years entered into on July 1, 1981 , by the United States of America, the licensor, through the Bureau of Land Management, and Ranch Investment Corp., c/o Gene Hilton, P.O. Bax 1274, Littleton, CO 80160, the licensee, is hereby issued under Title V of the Federal Land Policy and Management Act of 1976 (90 Stat. 2743, 2776-2782; 43 U.S.C.. 1701, 1761-1771), and is subject to all applicable Federal, State and local laws and regulations, now or hereafter in force, including Title 43, Code of Federal Regulations. Part 2800. The terms used in this right-of-way grant are defined at 43 CFR 2800.0-5 (45 Federal Register 44527, July 1, 1980). Sec. 1. RIGHTS UNDER THIS RICHT-OF-WAY GRAN -- This right-of-way grant confers upon the holder a non-exclusive right to construct, operate and maintain, in accordance with the terms, conditions and stipulations of this document and applicable regulations, an access road on the following - described public lands situated in the State of Colorado (this description is limited to aliquot parts in which the right-of-way is to be located): T. 7 S. R. 90 W., 6th P.M. Sec. 35: SEt s. This right-of-way grant is subject to all valid rights existing on the date issued. b. The United States retains all rights in the public lands subject to this right-of-way not expressly granted in this document, including, but not limited to, the right to require common use of the right-of-way and to authorize compatible uses of the right-of-way, including the eubaurface and air space; and a continuing right of access onto the public lands covered by the right-of-way grant and, upon reasonable notice to the holder. access and entry to any facility constructed on the right-of-way, c. The United States retains the right to review this right-of-way grant at the end of the twentieth year of its term and revise or modify its terms at that time. d. This right-of-way grant shall terminate on Jure 30. 2011 unless prior to that time it is relinquished, abandoned or otherwise Germinated pursuant to the provisions of this grant or of any applicable Federal law or regulation. This right-of-way grant is renewable at the end of its term if an application for renewal is properly and timely filed by the holder and the facility is being operated and maintained in accordance with all provisions of this grant, and applicable laws and regulations. At the time of renewal, the authorized officer may modify the terms, conditions and stipulations of this grant. Sec. 2. TERMS AND CONDITIONS -- In consideration of the foregoing, the holder hereby agrees: a. To construct, operate and maintain on public lands only those facilities represented at the location(s) shown on the official approved right-of-way map, consisting of 2 sheets, filed with the Bureau of Land Management on May 22, 1979 and designated by the holder as Plat of existing Road R.O.W. through public lands to patented and. The total width of the right -of -gray granted by Chic document Is 60 feet, and length is 765 foot. b. To comply with applicable State standards for pubiic.health and -..t_F. ,....,..--......«..1 ... -...t ..ret.,,, ...«.....� and maintenance, if these State standards are more stringent than Federal stana;ards for similar projects. P.03 Sep -O7 -OO 08:11A c. That all activities authorized by this right-of-way grant may be 'suspended prior to an administrative proceeding, upon a determination by the authorized officer that such suspension is necessary to protect the ►l..c !lenPs. r: Fats _..._,._ temporary suspension of activities shall remain effective until the authorized officer issues an order permitting resumption of activities. d. That the authorized officer may suspend or terminate this right- of-way grant if he determines that the holder is unwilling, unable or has failed to comply with the applicable laws or regulations, or any term. condition or stipulation of this document or has abandoned the right-of-way. Failure of the holder to use the right-of-way for the purposes authorized for any continuous five-year period shall constitute a presumption of abandonment. e. To provide the authorized officer with a statement, commencing on the fifth year from the date of this right-of-way grant and every five years thereafter, that the holder is using the right-of-way for the purposes authorized herein in accordance with the terms of this grant. f. To remove all structures and improvements within a reasonable time after termination, revocation or cancellation of this right-of-way grant, unless directed otherwise in writing by the authorized officer, and to restore the site to a condition satisfactory to the authorized officer. If the holder fails to remove all such structures or improvements within a reasonable period, as determined by the authorized officer, they 'shall become the property of the United States, but the holder shall remain liable for the cost of removal of the structures and improvements and for restoration of the site. g. That this right-of-way grant cannot be conveyed, assigned or otherwise transferred, in whole or in part, without prior written approval by the authorised officer. Any transfer will be subject to existing regulations and such other terms, conditions and stipulations deemed necessary at the time of approval of the transfer. h. To notify the authorized officer of any change in the holder's status, such as changes in legal mailing address, financial condition. business or corporate status, and alien ownership. i. That this right-of-way grant does not authorize the holder to take from the public lands any mineral or vegetative material. Including timber, without securing prior authorization under the Materials Act (30 U.S.C. 601 et seq.; 43 CFR 3610) and paying in advance the fair market value of the material so removed. However. common varieties of atone and soil that are necessarily removed in the construction of this project may be used elsewhere on public lands in the same project without additional authorization and payment. In the performance of normal maintenance, the holder shall be allowed to do minor trimming, pruning and clearing of vegetative material within the right-of-way and around constructed facilities without additional authorization and payments. j. To pay the fair market value for the right -of -wale upon a determination thereof by the Bureau of Land Management. The holder has submitted a deposit in the amount of $25..00 which emount is merely to insure payment of rent and is not to be construed as having any relationship whatsoever to the fair market value of the right-of-way. Upon a determination of the fair market value, the holder will be notified of the required amount and method of payment and will have the right of appeal. Failure to submit any required payment within thirty days after notice of default may result in termination of this grant. The bureau of Land Management. after the initial determination of fair market value for the right-of- way, reserves the right to review the fair market value determination whenever necessary and to adjust it in accordance with regulations and procedures in effect at the time of review, if necessary, to insure the payment to the United States of full fair market value of the right-of- way. It is mutually agreed that any determination or adjustment of the fair market rental value will constitute an amendment of this grant. k. To pay the United Stares the full value for all damages to the lands or other property of the United States caused by the holder or by his employers, contractors. or employees of the contractors.. P.04 Sep -07 -OO d8:12A 1. To be fully liable for injuries or damages to third parties resulting from activities or facilities on lands under Federal jurisdiction, in accordance with the law of the jurisdiction In which the damage or injury occurred, and to fully indemnify the United States for liability. damage or Claims arising in connection with the use and occupancy of the right-of-way area. m. To rebuild and repair roads, fences, and established trails that may be destroyed or damaged by construction, operation or maintenance of the project authorized by this right-of-way grant and to build and maintain suitable crossings for existing roads and trails that intersect the project. n. To prevent or suppress fires on or in the immediate vicinity of the right-of-way and to make available such construction and maintenance personnel and equipment as may be reasonably obtainable for the suppression of such fires. o. To take all measures necessary to protect Federal property and economic interests; protect lawful users of the lands adjacent to or traversed by the right-of-way; to protect lives and property; and to protect interests of individuals living in the general area traversed by the right-of-way who rely on the fish. wildlife. and other biotic resources of the area for subsistence purposes. p. That in the construetlon,. operation, maintenance and termination of the facilities authorized by chis right-of-way grant, the holder shall not discriminate against any employee or applicant for employment because of race, creed, color. sex or national origin. All subcontracts shall include an identical provision. q. That a non -returnable sum of $20.00 as reimbursement for costs incurred by the United States in monitoring the construction. operation, maintenance and termination of the authorized facilities and for protection and rehabilitation of the lands involved has been submitted. Following termination of the right-of-way grant, the holder will be required to pay additional amounts to the extent and in the event that actual costa incurred by the United Stated exceed the above -stated payment. Sec. 3. STIPULATIONS -- The holder further agrees to comply with and be bound by the following stipulations. which are made a part hereof: For the purposes of these stipulations. the authorized officer shall be the Glenwood Springs Area Manager. a. The holder shall immediately bring to the attention of the authorized officer any and all antiquities or other objects of historic or scientific interest including, but not limited to. historic or prehistoric ruins, or artifacts discovered as a result of operations under this right-of- way grant. The holder shall Immediately suspend all activities in the area of the object and shall leave such discoveries intact until told to proceed by the authorized officer. Approval to proceed will be based upon evaluation of the cultural significance of the object. Evaluation shall be by a qualified professional selected by the authorized officer from a Federal agency insofar as practicable. When not practicable, the holder shall bear the cost of the services of a non -Federal professional. The holder shall follow the mitigation requirements set forth by the authorized officer concerning protection, preservation or dispostion of any sites or material discovered. In those situations where the authorized officer determines that data recovery and/or salvage excavations are necessary, the holder shall bear the cost of such data recovery and/or salvage operations. b. The holder shall comply with the applicable Federal and state laws and regulations concerning the use of pesticides (i.e., insecticides. herbicides, fungicides, rodenticides, and other similar substances) in all activities and/or operations under this right-of-way grant. The holder she].] obtain from the authorized officer approval of a written plan prior to the use of such substances. The plan must provide for the type and quantity of material to be used; rhe peat. insect. fungus, etc.. to be controlled; the ter.hod of application, the location for storage and disposal of containers; and other pertinent information that the authorized officer may require. The plan should be submitted no later thnn December 1 of any calendar year that covers the proposed activities for the next fiscal year. P_05 Sep -07 -OO 08:12A Emergency use of pesticides may occur. The use of substances on or near the right-of-way area shall be in accordance with the approved plan. A pesticide shall be used only in accord ince with its registered uses and without other limitations if the Secretary of the Interior has not Imposed restrictions. A pesticide ahall not be used if the Secretary has prohibited its use. Pesticides shall not be permanently stored on public lands authorized for use under this right -of -Nay grant. c. The United States shall have unrestricted use of the road for all purposes deemed necessary or desirable in connection with the protection, administration, management and utilization of Federal Lands nr resources. end shall have the right alone to extend rights and privileges for use of the road to States and local subdivisions thereof, and to other users, including members of the public. d. The holder shall be responsible for prevention and control of soil erosion and gullying on lands covered by this grant, and adjacent thereto. resulting from operation of the permitted use. e. The holder is responsible for continuous inspection of improvements and area covered by this grant to assure that hazards are removed and that public safety, health and welfare are adequately protected. The holder will take corrective action as needed. Sec. 4. EXECUTION AND AGREEMENT this right-of-way grant consists of 4 pages, of which this 1s the fourth. Execution of this document constitutes an agreement between the holder and the United States that, in consideration of the right to use Federal lands, the holder shall abide by all the terms, conditions and stipulations contained in this document and the provisions of applicable laws and regulations. For Execution by the Molder: 1 (Holder s Title, ure) f applicable) Corporate Seal (;1 apol cal= -e) For Execution by the United States; The United States of America 4110( Bader, Canon ty-Grand June t on Team Branch of Adjudication Colorado State Office Bureau of Land Management JUL 1 1981 (Date) P.06