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HomeMy WebLinkAbout1.0 Application• • • GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com Exemption from the Definition of Subdivision GENERAL INFORMATION D StreettAddress / General Location of Property: �� ca /e/ i-,-,/7;ed�n kly 6c -(r //) of No rue y 6Cp Res erliprr G(jC,)c -i- n.7/l/e5 07cC/Z ,ht . > Legal Description of Parent Property: A.i. /G'6 of 5&c . a4/ TSs, K /ate-' a nc/ f ec./ 5s 4. , i iii . Lf D Size of Property (in acres) as of January 1, 1973: 79 76, 6, D Current Size of Property to be Subdivided (in acres): 7 9-4/, 66, D Number of Tracts / Lots Created Including remainder of Parent Property: -t D Proposed size of Tracts / Lots to be Created Including remainder of Parent Property: o Lot #: / containing, h''79 acres o Lot #: a containing. /7/,g 4 acres o Lot #: J containing LI, boa acres Perna ir) , n4 o Lo.t-##: / containing 7/6:, /45/ acres o Lot #: containing acres D Property's Zone District: X/ A?/ ,e D Name of Property Owner: Gf)d/2/eE-A/ ke;AER,-S 4 p i '/2tiCf 0u_i,_5, 62,4.1,0 /Ic /.ckLL ➢ Address: 54-,- A/Qire Aue , Sfc /c02 Telephone: 9h`5 --S25 D City: 6/e,u)ood 6,,4)17;)95 State: Cc, Zip Code:Y / FAX: Jby-c1 3,3 D Name of Owner's Representative, if any (Planner, Attorney): D Address: Telephone: D City: State: Zip Code: FAX: STAFF USE ONLY ➢ Doc. No.: Date Submitted: TC Date: Planner: Hearing Date: I. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, an applicant requesting an Exemption from the Definition from Subdivision ("Exemption") shall specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. Provide a narrative explaining why exemption is being requested. 2. Sketch map at a minimum scale of 1"=200' showing the legal description of the property, dimension, area, and legal description of all proposed lots or separate interests to be created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities. 3. Vicinity map at a minimum scale of 1"=2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy of U.S.G.S. quadrangle map may be used. 4. Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant. 5. Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees of mineral owners of record of the property to be exempted, and tenants of any structure proposed for conversion. 6. Evidence of soil types and characteristics of each type located on the property. 7. Provide proof of legal and adequate source of domestic water for each lot created. 8. Method of sewage disposal. 9. Provide a letter of approval of fire protection plan from the appropriate fire district in which the subject property is located. 10. If connection to a community or municipal water or sewer system is proposed, submit a letter from the governing body stating a willingness to serve the property. 11. It shall be demonstrated that the parcel existed as described on January 1, 1973 or the parcel as it exists presently is one of not more than three parcels created from a larger parcel, as it existed on January 1, 1973. 12. A $300.00 Base Fee: Applicant shall sign the Agreement for Payment form and provide the fee with the application. 13. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Exemption application has been deemed technically complete. 2 • II. EXEMPTION APPLICABILITY Pursuant to section 8:50 of the Subdivision Regulations, the Board of County Commissioners has the discretionary power to exempt a division of land from the definition of subdivision and, thereby, from the procedure in these Regulations, provided the Board of County Commissioners 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 has determined that leases, easements and other similar interests in Garfield County owned property, land for oil and gas facilities, and an accessory dwelling unit or two family dwelling that are subject to leasehold interest only and complying with the requirements of the Garfield County Zoning Resolution, are exempt from these regulations. 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 the time and not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad), preventing joint use of the proposed tracts, and the division occurs along the public right- of-way, such parcels thereby created may, at the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable. For the purposes of definition, all tracts of land 35 acres or greater in size, created after January 1, 1973 will count as parcels of land created by exemption since January 1, 1973. • B. All Garfield County zoning requirements will be met. • C. All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained. D. Provision has been made for an adequate source of water in terms of the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot. Proof of a legal supply shall be an approved substitute water supply plan contract; augmentation plan; an approved well permit; legally adjudicated domestic water source or a contract for a permanent legal supply of domestic water to be hauled from an outside site for a cistern. Proof of the physical supply from a well for the public meeting, may be documentation from the Division of Water Resources that demonstrates that there are wells within a Y4 mile of the site producing at least five (5) gallons/minute. Prior to the signing of a plat, all physical water supplies using a well shall demonstrate the following: 1) That a four (4) hour pump test be performed on the well to be used. 2) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing draw down and recharge; 3 4) A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; 5) An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6) If the well is to be shared, a legal, well sharing agreement which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs. 7) The water quality is tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. For water supplies based on the use of cistern, the tank shall be a minimum of 1000 gallons. E. Method of sewage disposal, and a letter of approval of the fire protection plan from the appropriate fire district. F. All State and local environmental health and safety requirements have been met or are in the process of being met. G. Provision has been made for any required road or storm drainage improvements. H. Fire protection has been approved by the appropriate fire district. I. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained. J. All applicable taxes and special assessments have been paid. III. PROCEDURAL REQUIREMENTS (The following steps outline how the Exemption from the Definition of Subdivision application review process works in Garfield County.) 1. Submit 2 copies of this completed application form (pages 1-6) including all submittal requirements and the base fee to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness within 15 working days. The Planning Department may request an extension of time from the Board of County Commissioners for such review not to exceed an additional fifteen (15) working days. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete in addition to requesting additional copies of the application to be provided to the Board of County Commissioners for their review in preparation for the public hearing. 3. Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide -you -with -a Staff -Memorandum -regarding -your --requested Exemption --application—Of 4 Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 4. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the petition for an Exemption for the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed Exemption from the Definition of Subdivision and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 5. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request for Exemption for the subject property. in addition, the Applicant shall provide proof at the hearing that proper notice was provided. 6. At or within fifteen (15) days of the meeting, the Board shall approve, conditionally approve or deny the exemption request. The reasons for denial, or any conditions of approval, shall be set forth in the minutes of the meeting or in a written Resolution. An applicant denied exemption may follow the subdivision procedure in these Regulations. 7. Once the Board makes a decision regarding the request for an Exemption, Staff will provide the Applicant with a letter affirming the action taken by the Board with a list of conditions, if any, to be completed by the applicant. 8. A plat of an approved or conditionally approved exemption shall be presented to the Board for signature within 120 days of approval. The plat shall include a legal description of the exempted property, and Exemption Certificate, the County. Surveyor's Certificate and a statement, if four (4) lots, parcels, or interest have been created on the parcel, that "NOTE: No further divisions by exemption from definition will be allowed." The plat shall be recorded with the County Clerk and Recorder no later than thirty (30) days after the Chairman's signature. The Chairman of the Board of County Commissioners shall not sign 5 • • a plat of a conditionally approved exemption until all conditions of approval have been complied with. 9. The Applicant shall be required to submit a paper copy of the plat and proof that all the conditions of approval have been met to the Building and Planning Department at least twenty-one (21) days prior to the expiration of the 120 -day deadline required for signing the plat by the Board. This is to ensure timely Staff review of the materials submitted as well as proper scheduling the plat to be signed by the board. 10. Once all of the conditions, if any, have been satisfied, an Exemption Plat shall be presented to the Board for signature within 120 days of approval. The plat shall include a legal description of the exempted property, and Exemption Certificate, the County Surveyor's Certificate and a statement, if four (4) lots, parcels, or interest have been created on the parcel, that "NOTE: No further divisions by exemption from definition will be allowed." The plat shall be recorded with the County Clerk and Recorder no later than thirty (30) days after the Chairman's signature. The Chairman of the Board of County Commissioners shall not sign a plat of a conditionally approved exemption until all conditions of approval have been complied with. 1 have read the statements above and have provided the required attached information which is correct and accur. - to the best of my knowledge. (Signature of applicant/owner) Last Revised: 11/15/2002 / t ate • GRAND HOGBACK SUBDIVISION EXEMPTION GARFIELD COUNTY, COLORADO December 14, 2007 • Prepared by Planner/Engineer Bruce D. Lewis, P.E. Boundaries Unlimited, Inc. 823 Blake Avenue, Suite 102 Glenwood Springs, CO 81601 970-045-5252 • • • • GRAND HOGBACK SUBDIVISION EXEMPTION APPLICATION SUBMITTAL REQUIREMENTS December 14, 2007 1. The purpose of this exemption will be to create and market three residential parcels. 2. Sketch Map — 24" x 36" drawing Prepared by River Valley Survey Inc. attached 3. Vicinity Map — Included as part of the attached Sketch Map 4. Deed (copy) — Attached 5. Adjacent Ownerships (within 200') & Mineral rights Owner 6. Soils Types and Characteristics — See Attached SCS Map and Descriptions 7. Domestic Water (2 Wells) a. Well Permit No. 267651 is attached along with: i. Four hour pump test ii. Well completion Report iii. Pump test results showing draw down & recharge iv. Written opinion by Bruce D. Lewis, PE, regarding water adequacy. v. See item iv. above regarding 100 gppd for 3.5 persons per dwelling vi. Bacteria & nitrate test results attached b. Well Permit No. 258397 is attached along with: i. Twenty Four hour pump test ii. Pump test results showing draw down & recharge iii. Written opinion by Thomas A. Zancanella, PE, regarding water adequacy. iv. See item iii. above regarding 100 gppd for 3.5 persons per dwelling v. Bacteria & nitrate test results attached c. Common Well Covenants is attached 8. Individual Sewage Disposal System required for each Parcel. 9. Burning Mountain Fire Protection District letter attached. 10. Community or municipal water or sewer not available within 2 miles. 11. See Attorney Statement Dated March 25, 2005 12. A Check in the Amount of $300.00 for the Base Fee is attached. 13. Two completed application forms attached. 0401 Road 149B, Glenwood Springs, CO 81601 Ph: (970) 379-8362, Fx: (970) 945-5252 • it • . P tf•Pf \ - • /8(4)7 .•••.•-qc •• •". .• • • 7-,7-4,.••;,_‘1;\•• • k • ••.:• • , \'\""7:;"*.i51.').;:ff''': • 'f , • 'r ,• . , • f fl • ...)1", ... •::.; . . -...-..:,`,•.`...•''.. 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' ) • ..›."3-,6a • I Boundaries Unlimited, Inc. 923 Cooper Avenue, Ste. 102 Glenwood Springs, CO 81601 tele: 970.945.5252 fax: 970.384.2833 SCALE: 1"=2000' DATE: 4/11/05 FILE: BDRYDRAFT SHEET: 1 Garfield County, Colorado Grand Hogback Subdivision Exemption Vicinity Map 1111111 11111 111111111411 11111111 111111til t���i iui cul 644770 01/19/2004 03:40P B1555 P244 M ALSDORF 1 of 2 R 11.00 D 20.00 GARFIELD COUNTY CO Filed for record the de' of ,A.D. , al o'clock M. 1-tep1ton No. h) R(CORDLR DEPUTY. WAIutANTY DEE!) THIS DEED, Made on this day of January 15. 2004 between S & S LAND CO1vIPANY, LLC of the County of GARFIELD GRAND HOGBACK LLC and State of Colorado , the Grantor(s), and 4450 COUNTY ROAD /245,NEW CASTLE, .CO 81647 whose legal address ie :.�i47D1(LQI/I'A1i�YItiIo(��V'L'AYe4.YIL II . of the County of GARFIELD and State o , (//list WITNESS, That the Grantor(s), for and in consideration of the sum of ( ***Two Hundred Thousand and 00/100 *** the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grantee(s), his heirs and assigns forever, all the real property, together with improvements, if any, situate, tying and being in the County of GARFIELD and State of Colorado, described as follows: SEE EXHIBIT `A" ATTACHED HERETO AND MADE A PART HEREOF )ON 10 he Grantee(s)-U/61'60k 'ym/ y'e0y S200,000.00 ) DOLLARS also known as street number PLUS OR MINUS 3000 ACRES, SILT, CO 51652 TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and alt the estate, right title interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s), his heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee(s), his heirs and assigns, that at the time of the ensealing and delivery • of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, SUBJECT TO GENERAL TAXES FOR THE YEAR 2004; AND EASEMENTS, RESERVATIONS, RESTRICTIONS, COVENANTS AND RIGHTS OF WAY OF RECORD, IF ANY; AND DISTRIBUTION UTILITY EASEMENTS; AND MATTERS NOT SHOWN BY THE PUBLIC RECORDS BUT OF WHICH GRANTEE HAS ACTUAL KNOWLEDGE; AND INCLUSION OF THE PROPERTY WITHIN ANY SPECIAL TAKING DISTRICT; AND THE BENEFITS AND BURDENS OF ANY DECLARATION AND PARTY WALL AGREEMENTS, IP ANY. The Grantors) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, and the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the Grantor(s) has executed this deed on the date set forth above. STATE OF.. Colorado County of GARFIELD )ss. S & S LAND COMPANY, LLC BY: STEVE B. BECKLEY, MEMBER The foregoing instrument was acknowledged before me on this day of January 15.2004 by STEVE B. BECKLEY AS MEMBER OF S & S LAND COMPANY, LLC My commission expir Witness my hand and Name and Address of Persor i rows: GW242895 }ileac GW242895 Dff icielIEWCAREED NOTARY PUBLIC STATF OF COLORADO WyCommiETETERfatlag.2,2007 When Recorded Return to: SCHENK KERST d DEWINTER scI 1p A l'l� Notary Public on ( 38-35-106.5, C.R.S.) rm No. 932 Rev 4-94. WARRANTY DEED (Photographic Record WI 302 EIGTH STREET, SUITE 310 GLENWOOD SPRINGS CO 81601 r 0 ' AC • 1 111111 11111 111111 111111 11111 111 1111111 III 11111 1111 1111 644770 01/19/2004 03:40P 01555-P245 11 ALSDORF 2 of 2 R 11.00 D 20.00 GARFIELD COUNTY CO EXHIBIT A TOWNSHIP 5 SOUTH, RANGE 91 WEST OF THE 6TH P.M. SECTION 19: S1/23TW1/4, N1/2SW1/4 AND THE S1/2SE1/4 SECTION 29: NW1/4NW1/4 SECTION 30: NE1/4NE1/4 TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6TH P.M. SECTION 23: NE1/4NE1/4 SECTION 24: ALL, EXCEPTING THE FOLLOWING DESCRIBED PARCELS OF LAND A TRACT OF LAND SITUATE IN THE N1/25E1/4 OF SECTION 24, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6TH P.M. DESCRIBED AS COMMENCING AT A POINT 1, 320 FEET WEST OF THE SE CORNER, SECTION 13, TOWNSHIP 5 SOUTH, RANGE 92 WEST, AND RUNNING THENCE SOUTH 300 FEET, EAST 700 FEET, NORTH 300 FEET, WEST 700 FEET TO PLACE OF BEGINNING A TRACT OF LAND SITUATED IN THE NE1/4NE1/4, SECTION 24, TOWNSHIP 5 SOUTH, RANGE 92. WEST OF THE 6TH P.M., BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE NORTH EAST CORNER OF SECTION 24, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6TH P.M. BEARS N 89 DEGREES 49' E 398.74 FEET; THENCE S 51 DEGREES 33' W 64.75 FEET; THENCE S 42 DEGREES 32' W 92.00 FEET; THENCE S 21 DEGREES 57' W 175.00 FEET; THENCE S 9 DEGREES 19' W 30.00 FEET; THENCE S 89 DEGREES 49' W 40.16 FEET; THENCE N 70.05 FEET; THENCE N 21 DEGREES 57' E 176.90 FEET; THENCE N 42 DEGREES 32' E 89.12 FEET; THENCE N 89 DEGREES 49' E 96.96 FEET TO THE POINT OF BEGINNING A TRACT OF LAND SITUATED IN THE NE1/4NE1/4 SECTION 24, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6TH P.M., BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, WHENCE THE NORTH EAST CORNER OF SECTION 24, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6TH P.M. BEARS N 64 DEGREES 02' E 689.62 FEET; THENCE S 89 DEGREES 49' W 700 FEET; THENCE S 75.49; THENCE N 89 DEGREES 22' E 132.88 FEET; THENCE N 79 DEGREES 42' E 185.50 FEET; THENCE N 89 DEGREES 22' E 209.60 FEET; THENCE M EAST 132.10 FEET; THENCE N.46 DEGREES 30' E 59.18 FEET TO THE POINT OF BEGINNING A TRACT OF LAND SITUATED IN THE NW1/4NE1/4 OF SECTION 24, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6TH P.M., BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE NORTH EAST CORNER OF SECTION 24, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6TH P.M., BEARS N 73 DEGREES 57' E 1,373.53 FEET; THENCE N 375.49 FEET; THENCE S 89 DEGREES 49' W 196.00 FEET; THENCE S 73.66 FEET; THENCE S 40 DEGREES 04' W 97.47 FEET; THENCE S 30 DEGREES 30' E 122.40 FEET; THENCE S 48 DEGREES 14' E 108.00 FEET; THENCE S 61 DEGREES 32' E 103.80 FEET; THENCE N 89 DEGREES 22' E 24. 82 FEET TO THE POINT OF BEGINNING A TRACT OF LAND DESCRIBED AS FOLLOWS; COMMENCING AT A POINT ON THE NORTH LINE OF SECTION 24, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6TH P:M. WHENCE THE NORTHEAST CORNER OF SAID SECTION BEARS N 89 DEGREES 49' E 495.70 FEET; THENCE S 42 DEGREES 32' W 89.12 FEET; THENCE S 21 DEGREES 57' W 176.90 FEET; THENCE N 229.95 FEET TO THE NORTH LINE OF SAID SECTION 24; THENCE N 89 DEGREES 49' E 126.90 FEET TO THE PLACE OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO G14242895 • GRAND HOGBACK ADJACENT OWNERSHIPS (Within 200 Feet) December 14, 2007 2127-25-100-956 BLM P.O. Box 1009 Glenwood Springs, CO 81602 2127-25-100-060 Michael Weinstein and Elizabeth Greene 185 Orchard Ln. Glenwood Springs, CO 81601 2127-25-100-059 Michael and Colista Larsen 2165 County Road 237 Silt, CO 81652-0216 • 2127-25-200-057 Daniel Dimaria P.O. Box 6724 Snowmass Village, CO 81615 2127-25-200-058 Raymond Nemec and Lisa Ertmer 130 South Euclid Ave. Oak Park, IL 60302-2906 2127-26-100-049 Dennis Clemons 2113 Oden Dr. Silt, CO 81652-0216 2127-26-100-044 Archipelago, Inc. 928 Minter Ave. Glenwood Springs, CO 81601 2127-13-100-095 Farmers Irrigation Co. (Harvey Gap Resevr) Attention: Elsa Pyle P.O. Box 216 • Silt, CO 81652-0216 • • • GRAND HOGBACK Mineral Rights Owner December 14, 2007 CI's Minerals Company, LLC, A Colorado Limited Liability Company P.O. Box 1827 Pebble Beach, CA 93953 • 18 SOIL SURVEY ;hould be put up to keep livestock out, unwanted burn- ing should be prevented, and the wetlands should not be drained. Natural wetland plants should be allowed to grow. These soils also provide valuable summer range for big game. Seasonal flooding and depth to the water table limit community development and recreation. Adequate drain- age and protection from floods would be necessary before development could be attempted. These soils can be reserved as greenbelts or for other restricted uses. These soils are in capability subclass Vlw, nonirrigat- ed. 21—Cushman-Lazear stony loams, 15 to 65 per- cent slopes. These hilly to very steep soils are on mountainsides and mesa breaks. Elevation ranges from 5,000 to 7,000 feet. The soils formed in sandstone and shale residuum. The average annual precipitation is about 13 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is about 125 days. The Cushman soil makes up about 45 percent of the map unit, and the Lazear soil makes up about 40 per- cent. The Cushman soil is on the landscape where allu- vium has accumulated to a greater depth over bedrock, and the Lazear soil is on the more steep areas. The Cushman soil is moderately deep and well drained. Typically, the surface layer is grayish brown stony loam about 3 inches thick. The subsoil is dark grayish brown sandy loam about 8 inches thick. The substratum is light brownish gray loam and very gravelly loam. Shale and sandstone is at a depth of 32 inches. Permeability of the Cushman soil is moderate above bedrock, and available water capacity is low. Effective rooting depth is 20 to 40 inches. Surface runoff is medium, and the erosion hazard is severe. The Lazear soil is shallow over bedrock and is well drained. Typically, the surface layer is grayish brown stony loam about 4 inches thick. The underlying material is light brownish gray stony loam. Calcareous shale and sandstone is at a depth of 16 inches. Permeability of the Lazear soil is moderate above bed- rock, and available water capacity is low. Effective root- ing depth is 10 to 20 inches. Surface runoff is moderate- ly rapid, and the erosion hazard is severe. Included with these soils in mapping are small areas of shale and sandstone outcrop and of lldefonso soils. The Ildefonso soils are deep and very stony and have large accuu;.uiations of calcium carbonate. They are on very steep mesa breaks. These areas make up about 15 percent of the map unit. These soils are used mainly for wildlife habitat and grazing. The native vegetation on these soils is mainly Utah _juniper-and--.pinyon.-T-he understory-Gonsists-of-Saaiea wildrye, Indian ricegrass, beardless wheatgrass, galleta, low phlox, stemless goldenweed, iourwing saltbush, ser- viceberry, shadscale, bitterbrush, and big sagebrush. When the understory vegetation deteriorates, only a few iorbs and shrubs remain. Properly managing the vegetation maintains wood production and grazing. Se- lectively thinning the pinyon and juniper improves grazing and provides firewood and posts. Steep slopes and the erosion hazard affect harvesting. These soils can produce about 6 cords of wood per acre when trees more than 4.5 feet tall reach an aver- age diameter of 5 inches. Mule deer, gray squirrel, and cottontail rabbit find habi- tat on these soils. Use of these soils for community development and as a source of construction materials is limited by depth to bedrock and steep slopes. This complex is in capability subclass Vlls, nonirrigat- ed. 22-Dateman gravelly loam, 30 to 50 percent slopes. This moderately deep, well drained, steep soil is on mountainsides. Elevation ranges from 7,000 to 9,500 feet. This soil formed in sandstone and limestone residu- um. 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 upper part of the surface layer is ver dark grayish brown gravelly loam about 3 inches thick, -G and the lower part is very dark grayish brown gravelly t sandy loam about 6 inches thick. The substratum is dark yellowish brown very gravelly sandy loam. Limestone or sandstone bedrock is at a depth of 34 inches. Included with this soil in mapping are small areas of Fariow, Cochetopa, and Lamphier 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 low. Effective rooting depth is 20 to 40 inches. Surface runoff is medium, and the erosion hazard is moderate. This soil is used mainly for wildlife habitat and grazing. The native vegetation on this soil is mainly Gambel oak, serviceberry, and mountain brome. A few small areas have some Douglas -fir. 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 and controlling brush are generally unsuitable because of the steep slopes. Elk, mule deer, blue grouse, snowshoe rabbit, and squirrel find habitat on this soil. Use of this soil for community development and as a source of construction material is limited by steep slope and-depth—to—rock. This soil is in capability subclass Vile, nonirrigated. RIFLE AREA, COLORADO 19 •3—Detra fine sandy loam, 12 to 25 percent Jes. 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 is 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- ...x-1. Reducing brush improves the range. Seeding im- oves 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 V1e, nonirrigated. 24—Dollard-Rock outcrop, shale, complex, 25 to 65 percent slopes. This complex consists of moderately steep to sleep 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. Typicalj, the surface layer is light brownish gray clay About 5 inches thick. The substratum is light gray–Olay • 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 lo 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 :n 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 cobbiy 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 w;,ody plants. RIFLE AREA, COLOR/1,DO 37 66—Torriorthents-Camborthids-Rock outcrop com- plex, steep. This broadly defined unit consists oi ex- posed sandstone and shale bedrock, loose stones, and soils that are shallow to deep over sandstone and shale bedrock and stony basaltic alluvium. This complex occurs throughout the survey area. The soils and out- crops are moderately steep to very steep. Slope ranges from 15 to 70 percent. Torriorthents make up about 45 percent of the com- plex, Camborthids make up 20 percent, and Rock out- crop makes up 15 percent. The Torriorthents are on foothills and mountainsides below Rock outcrop. The moderately steep Camborthids are on lower toe slopes and concave open areas on foothills and mountainsides. Torriorthents are shallow to moderately deep. They are generally clayey to loamy and contain variable amounts of gravel, cobbles, and stones. The surface is normally covered with stones weathered from the higher - lying Rock outcrop. South of the Colorado River, basaltic stones and cobbles are on the surface. Camborthids are shallow to deep. They are generally clayey to loamy and have slightly more clay in the sub- soil than in the surface layer. The surface layer is light colored. The profile is normally free of stones, but scat- tered basalt stones, cobbles, and sandstone fragments are on the surface. 41) The Rock outcrop is mainly Mesa Verde sandstone and Wasatch shale. Some areas are covered with basal- tic boulders and stones. Small areas of limestone out- crops and exposed gypsum are in the eastern part of the survey area. Included in mapping are small, isolated areas of Ilde- fonso, Lazear, Ansari, Begay, Heldt, and Dollard soils. These intermittent areas make up 10 to 20 percent of this map unit. This complex is used for grazing, wildlife habitat, and recreation. The stones on the surface and the steep slopes make this complex unsuitable for crops. Some areas can be reseeded to pasture by broadcast seeding. Other plant- ing methods are made difficult by the stones and slopes. The native vegetation includes wheatgrasses, blue - grasses, Indian ricegrass, neediegrasses, bitterbrush, mountainmahogany, sagebrush, and an overstory of pinyon and juniper. The value of grazing is fair. The vegetation should be managed to maintain wood production and limited graz- ing. Selectively thinning the pinyon and juniper improves grazing and provides firewood and posts. Steep slopes, moderate to severe erosion hazard, and &ow regrowth of trees affect harvesting and management. Most of this complex is a prime wintering area for deer. Rabbits, coyote, and a few elk also find food and cover on this complex. ---Building- is--limited-by .steep_slopas_and stoniness. These limitations can be overcome by appropriate design and construction. This complex is in capability subclass Vile, nonirrigat- ed. 67—Torriorthents-Rock outcrop complex, steep. This broadly defined unit consists oi exposed sandstone and shale bedrock and stony soils that are shallow to moderately deep over sandstone and shale and stony basaltic alluvium. Areas of this complex occur throughout the survey area. The soils and outcrops are moderately steep to very steep. Slope ranges from 15 to 70 percent. Torriorthents make up about 60 percent of this com- plex, and Rock outcrop makes up 25 percent. The Tor- riorthents are on foothills and mountainsides below the Rock outcrop. Torriorthents are generally clayey to loamy and con- tain variable amounts of gravel, cobbles, and stones. The surface is normally covered with stones weathered from the higher -lying Rock outcrop. South of the Colora- do River, stones and cobbles of basalt are on the sur- face. The Rock outcrop is mainly Mesa Verde sandstone and Wasatch shale. Some areas are covered with basal- tic boulders and stones. Small areas of limestone out- crops and exposed gypsum are in the eastern part of the survey area. Included in mapping are small isolated areas of fide- fonso, 1 a7ear, Ansari, Gaynor, Tridell, and Nihill soils. These intermittent areas make up 10 to 15 percent of this map unit. This complex is used for limited grazing, wildlife habi- tat, and recreation. Because of the stones on the surface, the Rock out- crop, and the steep slope, this complex is unsuited to crops. The native vegetation includes wheatgrass, bluegrass, Indian ricegrass, needlegrass, bitterbrush, sagebrush, mountainmahogany and an overstory of pinyon and juni- per. The vegetation should be managed to maintain wood production and limited grazing. Selectively thinning the pinyon and juniper improves grazing and provides fire- wood and posts. Steep slopes, moderate to severe ero- sion hazard, and slow regrowth of trees affect harvesting and management. Most of this complex is a prime wintering area for deer. Rabbits, coyote, and a few elk also find food and cover on this complex. Community development is limited by the Rock out- crop, steep slopes, and stoniness. These limitations can be overcome by appropriate design and construction. This complex is in capability subclass Vile, nonirrigat- ed. 68—Vale silt loam, 3 to 6 percent slopes. This deep, well drained,_gently sloping soil is on mesas, terraces, and alluvial fans. Elevation ranges from b3D-0-io-700 feet. This soil formed in calcareous eolian material. The 02-13-2006 Form No. OWNS -25 • APPLICANT • • 10:49 FR011i-D I VRATERES 970945$741 OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg„ 1313 Sherman Sr., Denver, Colorado 80203 (303) 866-3581 T-511 P.0027002 F-000 a -f Ja; U,G• ;~� 0 1095 WELL PERMIT NUMBER 267651 DIV. 5 WD 39 DES. BASIN MD GRAND HOGBACK LLC 923 COOPER AVENUE SUITE 102 GLENWOOD SPRINGS, CO 81601- (970) 945-5252 PERMIT TO CONSTRUCT A WELL APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 NE 114 Section 24 Township 5 S Range 92 W Sixth P.M_ DISTANCES FROM SECTION LINES 4414 Ft. from South Section Line 1590 Ft. from East Section Line tJTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(I1)(A) as the only well on a tract of land of 37.33 acres described as that portion of the NE 1/4 of the NE 1/4, Sec. 24, Twp. 5 South, Rng. 92 West, 6th P.M., garfield County, more particularly described on the attached exhibit A. 4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than Three (3) single family dwellings, the irrigation of not more than one (1) acre of home gardens and lawns, and the watering of domestic animals. 5) The pumping rate of this well shall not exceed 15 GPM. 6) The return flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 7) This well shall be constructed not more than 200 feet from the location specified on this permit. NOTICE: This permit has been approved for the location as noted above. The correct Township is: 5 South NOT 6 South as originally submitted. You are hereby notified that you have the right to appeal the issuance of this permit, by filing a written request with this office within sixty (60) days of the date of issuance, pursuant to the State Administrative Procedures Act. (See Section 24-4-104 through 106, C.R.S.) NOTE: Monitoring Observation Well, permit no. 258396 (Grand Hogback MW Well no. 2) is also located on this parcel. NOTE: Section 24 is an irregular "SHORT & WIDE" section 2— NOTE: Parcel Identification Number (PIN): 23-2127_242_00-251 ,.; NOTE: Assessor Tax Schedule Number. R200774 (totaling 952.85 acre tract) -2r' ' 3/ av 6 APPROVED DMW Receipt No. 9502371 State Engineer DATE ISSUED 02-13-2005 By EXPIRATION DATE 02-13-2008 ) COLORADO DIVISION OF WATER REST ';CES DEPARTMENT OF NATURAL RESOUR1/4 1313 SHERMAN ST., RM 818, DENVER, CO 80203 phone - into: (303) 865 3587 main: (303) 806 3581 tax: (303) 86G-3580 http://wvrvr'.watetstate.co.us RESIDENTIAL Nnle: Also use this form to aPply tot livestock watering • Water Well Permit Application Review instructions on reverse side prior to completing form. The form must be completed in black or blue ink or typed. 1. Applicant information Name of applicant Grand Hogback LLC l tailing address 923 Cooper Ave. Ste 102 City Glenwwod Springs Telephone if (970) 945-5252 State Zip code CO 81601 2. Type Of Application (check applicable boxes) Construct new well�©t�o'1;$ t 3e—e-ds-lirg•.wetk,. ID Replace existing well L'� 0 Change or increase use ❑ Change source (aquif ) i'' 0 Reapplication (expired permit) 0 Other: 3. Refer To (if applicable) r igi3Well e permit�* Water Court case Designated�sin Determination 0i Well name or Grand Hogback Well ## 4. Location Of Proposed Well aunty Garfield Office Ust: Only Form GWS -44 (0212005) '05 6. Use Of Well (check applicable boxes) See instructions to determine use(s) for which you may qualify 0 A. Ordinary household use in one single-family dwelling (no outside use) ID B. Ordinary household use in 1 to 3 single-family dwellings: Number of dwellings: 3 19 Home garden/lawn irrigation, not to exceed one acre: area irrigated 0 ® sq. ft. ❑ acre E) Domestic animal watering – (non-commercial) ❑ C. Livestock watering (on farm/ranch/range/pasture) 7. Well Data (proposed) Maximum pumping rate 15 gpm NE 1/4 of the NE 1/4 Section Townshl N or S Range E or W iI Principal Meridian 24 5 El® 92 ❑ ® 1 6th / Distance of well fro s 4tpp lines (section tines are typically not property fines) – II Ni JFF1.1. froneeN XS " )5 70 Ft. from IZI E 0 W i el• or replacement ells only -distance and direction from old well to new well feet direction Total depth feet 8. Water Supplier Annual amount to be withdrawn 1.5 Aquifer GWS acre-feet Is this parcel within boundaries of a water service area? ❑YEs ® NO If yes, provide name of supplier: 9. Type Of Sewage System Well location address (if applicable) Optional: GPS well location information in UTM format • You must check GPS unit for required settings as follows: Format must be UTM ❑ Zone 12 or ❑ Zone 13 Units must be Meters Datum must be NADB3 Unit must be set to true north Was GPS unit checked for above? ❑ YES • Septic tank / absorption leach field ❑ Central system: District name: ❑ Vault: Location sewage to be hauled to: ❑ Other (attach copy of engineering design and report) Oct 10. Proposed Well Driller License #(optional): it)95 ¶,3 11. Signature Of Applicant(s) Or Authorized Agent The making of false statements herein constitutes perjury in the second degree, which is punishable as a lass 1 misdemeanor pursuant to C.R.S. 244-104 (13)(a). I have read the statements herein, know the contents thereof and state that the - true to my knowledge. Sign here (Must be origina '� •e) Easting: Northing: Remember to set Datum to NAD83 5. Parcel On Which Well Will Be Located A. You must check and complete one of the following: 0 Subdivision: Name Lot Block Filing/Unit O County exemption (attach copy of county approval & survey): Name/# Lot # ❑ Parcel less than 35 acres, not in a subdivision, attach a deed with metes and bounds description recorded prior to June 1, 1972 ❑ Mining claim (attach a copy of the deed or survey): Name/# Square 40 acre parcel as described in Item 4 Parcel of 35 or more acres (attach a metes and bounds description or survey) Other (attach metes 8 boun*descdption or survey and supporting documents) ofacresin rcel i- v C 3 ‘ ..ore you the owner•ol�this parcel? �/ t f ®YES ❑ NO (if no - see instructions) De be the only well on this parcel? OYES ® NO (if no -list other wells) te4 ocher monitor Wells No. 2 P< E. State Parcel 104 (optional)• Print I 2u)�S"i Office Use Only USGS map name 0/2 pig✓{ uxprrr J✓.• /I Sb. f it../..5e/ of, r o� ? !`sr• "Fro c '` sr 14'Vii' �St 9s /9 to*, .1J'/A yt t k WE EC,E,r?'/e'9- (9 Stir 2 3 7/� Date DWR map no. Surface elev. ceipt area only — A-77'.777-117"-7/01—XP7iz>~' �4c%'!y.?"17 i -=-Y>. CWC: `y Q , --T - , TOP MYLAR Se5 DIV ,7 WD ( BA MD • • Shelton Drilling Corp Y.O. Box 1059 Basalt, Co. 81621 (970) 927-4182 Lic. 1095 Name : Grand Hogback LLC ##4 c/o : Bruce Lewis Address : 923 Cooper Ave. Suite #i 102 City, St, Zip : Glenwood Springs, Co. 81601 Phone # : 945-5252 Hole Size Depth Type Casing ID Casing OD From -To 9.0 40 Steel 6.5 7.0 0-40 6.5 115 PVC 5.0 5.5 35-115 Recommended Pump Set Depth 100 Ft. Pumping Invoice : C-2544 Dale : 2/16/2006 Permit II: 267651 Location : Harvey Gap Perforated Ft : 20 ft Estimated : 2 gpm * Static Level : 30 ft Total Drilled : 115 ft 2 GPM For Pump Installation We Recommend : Samuelson Pump 945-6309 (Raun Samuelson) J & M Pump Co 945-6159 (Rick Holub) Aqua. Tec Pump 984-0311 (Tom Platzer) Instructions : I Have added $1000 to my minimum well charge to cover the cost of cleaning out and recasing other well Price Per Foot Feet @ $ Per Foot = $ 0.00 Feet @ $ Per Foot = $ 0.00 Total Footage Charge $ 0.00 Minimum Well Charge (if applicable) $ 4000.00 Conditions Of Payment : pay $ 4,000.00 1 .I ► t I ►l A/ ILI, / ► 1. *WE STRONGLY RECOMMEND A VALID PUMP TEST BE CONDUCTED BY A LICENSED PUMP INSTALLER TO DETERMINE THE ACTUAL WELL PRODUCTION AND WATER QUALITY. THIS SHOULD ESTABLISH THE ACTUAL WELL PRODUCTION PARAMETERS WHICH CANNOT BE DETERMINED WHILE DRILLING • JC : z_. J 11, • ►! 1 1•Jul'1 Ik .4 ' kir J, 3. The landowner is ultimately responsible for the plugging and abandonment of dry holes or replaced wells. according to State Rules and Regulations. Please contact us for details and/or prices. li Please call us if you have any questions. THANK YOU Job No.: C'licnl: Tu 13y: Annlysis By: Tabu 1 C:1 and 11ughatlt Well Tess (Well So, 5) Pump el'esl Data Well 111: Grand 13ogharI. W'ell 115 n/a Grand I logbucl; Brun Lcwio M.)'.. 'I op of Casing (3- 2.4 rim, f1 S.W.L. _ 28.0 -0 0` 0 Time/Dale on: 1/1/00 4:00 AM Time/Dane off: I/2/00 :4 0 I'M 1 csl Lcnglh: 30:40.00 mull time TIML Time (mloutee) W.L. Measurement Drawdown (feel) Q p IJr (gpm) (In linnet) (feet)Inches (Inches) 3/1/(1(19:00 AM 0 28.00 7.0 SWI. 1/1/0(19:00 AM 1 29.00 7.0 1.(01 2.4 1/1/00 9:01 AM 1 30.00 0.8 1.48 2.4 1/1/009:(12 AM 2 30.00 10.5 2.29 2.4 1/1/009:03 AM 3 31.00 7.8 3.06 2.4 I/1/00 9:04 AM 4 32.00 2.5 3.63 2.4 1/1/00 9:05 AM 5 32.00 9.0 4.17 2.4 1/1/009:06 AM 6 33.00 2.5 4.63 2.4 1/1/509:07 AM 7 33.0(1 7.5 5,04 2.4 1/1/009:08 AM 8 33.0(1 11.0 5.40 2.4 1/1/00 9:09 AM 9 34.00 3.5 5.71 2.4 1/1/00 9:10AM 10 34.00 7.3 6.02 2.4 1/1/009:15 AM 15 35.00 10.3 7.27 2.4 1/1/00 9:20 AM 20 36.00 7.4 8.03 2A 1/1/00 9:25 AM 25 37.00 2.4 8.61 2.4 1/1/00 9:30 AM 30 37.00 7.5 9.04 2.4 1/1/00 9:40 AM 40 38.00 7.0 10.00 2.4 1/1/00 9:50 AM 50 38.00 10.0 10.25 2.4 1/1/00 10:00 AM 60 38.00 11.3 10.35 2.4 1/1/00 10:15 AM 75 39.00 2.0 10.58 2.4 (/1/0010:30AM 90 39.00 4.5 10.79 2.4 1/1/00 10:45 AM 105 39.00 6.4 10.95 2.4 I/1/0011:00 AM 120 39.00 7.0 11.00 2A 1/1/0011:30 AM 150 38.00 9.0 10.17 2A 1/1/00 12:00 PM 380 38.00 6.3 9.94 2,4 (/1/00 12:15 PM 195 38.00 3.5 9.71 2.4 (/1/0012:30 PM 210 38.00 3.0 9.67 2.4 1/1/00 12:45 PM 225 38.00 2.5 9.63 2.4 1/1/001:00 PM 240 38.00 4.1 9.76 2.4 (/1/001:30 PM 270 38.00 5.5 9.88 2.4 1/1/00 2:00 PM 300 38.00 5.0 9.83 2.4 1/1/00 2:30 PM 330 38.00 5.1 9.84 24 1/1/00 3:00 PM 360 38.00 5.6 9.89 2.4 1/1/004:00 PM 420 38.00 1.4 9.53 2.4 (/1/005:00 PM 480 38.00 1.5 9.54 2.4 I/1/00 6:00 PM 540 38.00 1.1 9.51 /4 1/1/007:00 PM 600 38.00 0.1 9,42 2A 1/1/00 10:00 PM 780 38.00 0.0 9.42 2.4 1/2/00 1:00 AM 960 37.00 11.5 9.38 2.4 1/2/00 10:00 AM 1500 38.00 0.0 9.42 2.4 1/2/003:40 PM 1840 38.00 1.5 9.54 2,4 Slop Pumping 0.0 1/2/003:40 PM 1841 37.00 5.5 8.88 OA 1 3681.00 1/2/003:41 PM 1/2/00 1841 36.00 10.25 8.27 0.0 1 1841.00 3:42 PM 1/2/00 1842 35.00 7.75 7.06 0.0 2 921.00 3:43 PM 1/2/003:44 1843 34.00 11.75 6.40 0.0 3 614.33 PM 1/2/003:45 1844 34.00 2.75 5.65 0.0 4 461.00 PM 1/2/00 3:46 1845 33.00 8 5.08 0.0 5 369.00 PM 1/2/00 1846 33.00 2.125 4.59 0.0 6 307.67 3:47 PM 1/2/003:48 1847 32.00 9 4.17 0.0 7 263.86 PM 1/2/003:49 1848 32.00 4.375 3.78 0.0 8 231.00 PM 1/2/003:50 1849 32.00 0.625 3.47 0.0 9 205.44 PM 1/2/003:55 1850 31.00 9.25 3.19 0.0 (0 185.00 PM 1855 30.00 11.5 2.38 0.0 15 123.67 1/2/00 4:00 PM 1/2/004:05 1860 30.00 7 2.00 0.0 20 93.00 PM 1/2/004:10 1865 30.00 4 1.75 0.0 25 74.60 PM 1870 30.00 2.5 1.63 0.0 30 62.33 1/2/004:20 PM 1/2/004:30 1880 30.00 0.25 1.44 0.0 40 47.00 PM 1/2/004:40 1890 29.00 11 1.33 0.0 50 37.80 PM 1/2/00 1900 29.00 10.25 1.27 0.0 60 31.67 4:55 PM 1 /2/00 1915 29.00 9.25 1.19 0.0 75 25.53 5:10 PM 1/2/00 1930 29.00 8.25 1.10 0.0 90 21A4 5:25 PM 1/2/005:40 1945 29.00 7.75 1.06 0.0 105 18.52 PM 1/2/00 6:10 1960 29.00 7.25 1.02 0.0 120 16.33 PM 1/2/006:40 1990 29.00 6.5 0.96 0.0 150 13.27 PM 1/2/00 7:10 2020 29.00 6 0.92 0.0 180 11.22 PM 1/2/00 2050 29.00 5.5 0.88 0.0 210 9.76 7:40 PM 1/2/00 8:40 2080 29.00 5.25 0.85 0.0 240 8.67 PM 1/2/009:40 2140 29.00 4.75 0.81 0.0 300 7.13 PM 1/2/00 2200 29.00 4.125 0.76 0.0 360 6.11 11:40 PM (/3/00 2320 29.00 3.5 0.71 0.0 480 4.83 12:40 AM 1/3/00 2380 I9.00 3.25 0.69 0.0 540 4.41 3:40 AM 1/3/00 2560 29.00 2 0.58 0.0 720 3.56 6:40 AM I/3/OOy49PK_ 2740 29.00 1.75 0.56 0.0 900 3.04 151_-_--_-=1,p---------_1080-----2:70 _._._-2928----_-29.08__.__1125._._ 1/3/00 12:40 PM 1/3/00 3103 29.00 0.75 0.48 0.0 1260 2.46 3:40 PM 1/4/004:20 3280 28.00 11.875 0.41 0.0 1440 2.28 PM 4760 28.00 8.125 0.09 0.0 2920 1.63 Lrcanell• Nbsuie+ 111006 ]. zovoz all NCn neve lu ment,sa.1 w • 1.01..d Well nu. C7 c O3) I0AO 10 WM N 1- O N • H 0 3 a Q 0 0 P4 o c° o0 U N 0 L4 U 0 • 0 0 0 0 0 0 0 0 0 0 0 0 O 03427 apv1s wo.r2 WMOpM1.1Q 0 0 0 0 W Q O Z:124000\24202 Hogback Ridge Dcvelopm • • BOUNDARIES UNLIMITED INC. Civil & Consulting Engineers August 9, 2006 Grand Hogback LLC 823 Cooper Avenue, Ste 102 Glenwood Springs, CO 81601 RE: Grand Hogback Well No. 5 - Pump Test Gentlemen: A 30 hour pump test of the Hogback Well No. 5 was conducted on March 11, 2006 by Boundaries Unlimited. Prior to commencement of the test the well had a static water level of 28.6 feet below the top of the well casing. The pump for the test was set at a depth of 70 feet, giving the well a maximum drawdown of 41.4 (70 minus 28.6) feet. The pump test was performed at an initial pumping rate of 2.4 gpm. The rate was maintained at 2.4 gpin throughout the test. The drawdown and time data collected during the test are presented in Table 1. The results of the test, plotted as a water level versus time curve, are shown on the attached Figure 1. The maximum drawdown during the 30 hour test was 39.2 feet. Recovery data were collected for a period of 24 hours after pumping stopped, with one additional reading at 2 days after the test. A plot of the recovery data shown as residual drawdown is attached as Figure 3. The well recovered to within 0.41 feet for the static water level 24 hours after the test stopped. Review of the residual draw down curve would indicate the well recovered normally. The results of this test indicate that there should be adequate water available to supply three dwelling units, using 350 gallons of water per day per dwelling unit along with a minimum of 6,000 gallons of water storage included as part of the shared water system. We recommend monthly well soundings to monitor aquifer levels and regulate the aquifer withdraws so that annual withdrawals match aminal recharge. We would not recommend that this well be used for irrigation purposes. Please contact me with any questions you may have, Sincerely, BOUNDARIE LIMITED LLC ruce D. Le , ' PE Project Manager. 823 Blake Avenue 1 Suite 102 Glenwood Springs 1 Colorado 81601 1 Ph: 970,945.5252 1 Fax: 970.384.2833 Colorado Deparirneril of Public Health and Fa, vironmeul Conipliuncc Assurance & Data Man:0111e11 Unit REPORTING FORM FOR NITRATE Olt NITRITE AS NITROGEN ANALYSES {✓.�I�.t d • I. I-gniId: �I of anril.n,ircnau''" SAMPLER: FILL OUT ONE FORM FOR EACH SAMPLE II Are these results to be used to fulfill compliance ante moniloring requirements 1')JS! X 1 NO! Is this a check or confirmation sample? YES NO N PWSID: 06-1700-01 COUNTY: Garfield DATE COLLECTED: 3/16/2006 SYSTEM/ESTABLISHMENT NAME: 24202 c/o Zancane]la and Associates SYSTEM MAILING ADDRESS: 1011 Grand Ave Glenwood S rin a s CO 8l 601 Street address/PO Box CONTACT PERSON: Cath • ueen SAMPLE COLLECTED BY: Roberts ENTRY POINT (Finished Water) SAMPLE I! Cit) state PHONE: (970) 945-5700 TIME COLLECTED: 9:30 am SOURCE WATER SAMPLE FOR ENTRY POINT SAMPLE PLEASE INDICATE: Chlorinated Other Treatment Finished - Not Treated (No chlorine or other treatment) 15s.1 Zip OTHER DESCRIPTION: Well STATE ENTRY POINT CODE: EP SOURCE(S) REPRESENTED: Grand Hogback #5 DO SAMPLES NEED TO BE COMPOSITED BY THE LABORATORY? YESE NOI2L1 CHECK OR CONFIRMATION SAMPLES CANNOT BE COMPOSITED For Laboratory Use Only Below This Line •LABORATORY SAMPLE #: 06-1700-01 CLIENT NAME or ID #: HOGBACK WELL 5 ABORATORY NAME: Ever een Anal ical Laborato LAB PHONE: DATE RECEIVED IN LABORATORY: (303) 425-6021 3/17/06 DATE ANALYZED: 3/17/2006 04:11 PM COMMENTS: PARAMETER NITRATE -N NITRITE -N NITRATE+NITRITE-N RESULT in (mg/L) 0.068 BDL BDL BDL Indicates that the copund was analyzed for, but was below the Lab MDL. NT- Not Tested for Compound. mg/L= Milligrams per Liter. MCL in (mg/L) STANDARD METHOD LAB MDL in (mg/L) 10.0 E300 0.01 1.0 E300 0.015 10.0 E300 0.015 MCL= Maximum Contaminant Level. H =Holding time has been exceeded. Lab MDL = Laboratory Method Detection Limit. Reviewed & Approved by Technical Director Title s© h MAIL RESULTS TO: CDPHE, WQCD-CADM-B2, 4300 Cherry Creek Drive South, Denver, CO 80246-1530 /I;?' CAtIotado I )epanmcnt of Public )1,1t1t and Environment ..,,,......�..� vnvnorvi 8100 Lowry Boulevard, Denver CO 80230-6928 US Mail: PO Box 17123, Denver CO 80217 (303) 692-3090 fax (303) 344-9989 Grand Hogback id)Y.S Zancanella & Associates 1011 Grand Ave Glenwood Springs, CO 81601 Contact Name Contact Phone Collected Received Reported Collected By, Lab 11) No. MSA -2005005657 3/16/2006 9:30:OOAIv 3/17/2006 8:31:32AM 3/21/2006 Roberts Matrix Drinking Water Purpose Special Chlorine residual Purpose Payment Type Billed Test Name Result Method Name cherichia coli PA Total coliforms PA E. coli not detected Coliform absent or less than one (<1), indicates a microbiologically safe sample SM 9223 LARS Interent Address: http://www.cdphe.state.co.usdr/lrhom.htm Modification Date:3/21/2006 #203 Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 1095 WELL PERMIT NUMBER 258397 DIV. 5 WD 39 DES. BASIN MD GRAND HOGBACK LLC 923 COOPER AVENUE, SUITE #102 GLENWOOD SPRINGS, CO 81601- (970) 945-5252 PERMIT TO CONSTRUCT A WELL • APPROVED WELL LOCATION GARFIELD COUNTY NW 1/4 NE 1/4 Section 24 Township 5 S Range 92 W Sixth P.M. DISTANCES FROM SECTION LINES 1075 Ft. from North 1475 Ft. from East Section Line Section Line UTM COORDINATES Northing: Easting: • ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(I) for uses as described in CRS 37-92-602(1)(f). Use of this well is limited to monitoring water levels and/or water quality sampling. This well is known as Monitoring/Observation Well no. 3. 4) This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well. The well must be kept capped and locked at all times except during sampling or measuring. 5) Records of water level measurements and water quality analyses shall be maintained by the well owner and submitted to the Division of Water Resources upon request. 6) Upon conclusion of the monitoring program the well owner shall plug this well in accordance with Rule 16 of the Water Well Construction Rules. A Well Abandonment Report must be completed and submitted to the Division of Water Resources within 60 days of plugging. 7) The owner shall mark the well in a conspicuous place with well permit number(s) and name of aquifer as appropriate, and shall take necessary means and precautions to preserve these markings. 8) This well must be constructed by or under the supervision of a licensed well driller or other authorized individual according to the Water Well Construction Rules. If non-standard construction is anticipated, a variance request must be submitted in accordance with Rule 18 and approved prior to well construction. 9) A Well Construction and Test Report (Form GWS -31), including lithologic log must be submitted by the individual authorized to construct the well. For non-standard construction, the report must include an as -built drawing showing details such as depth, casing, perforated zones, and a description of the grouting type and interval. 10) This well shall be constructed not more than 200 feet from the location specified on this permit. NOTE: Section 24 is an Irregular "SHORT & WIDE" section. J 7L.' NOTE: Parcel Identification Number (PIN): 23-2127-242-00-251 ., /Po4( NOTE: Assessor Tax Schedule Number: R200774 (totaling 952.85 acres) APPROVED DMW Receipt No. 9501956C ZA State Engineer By DATE ISSUED 07-27-2004 EXPIRATION DATE 07-27-2006 Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman Si., Denver, Colorado 80203 (303) 866-3581 1095 WELL PERMIT NUMBER 258397 DIV. 5 WD 39 DES. BASIN MD GRAND HOGBACK LLC 923 COOPER AVENUE, SUITE #102 GLENWOOD SPRINGS, CO 81601- (970) 945-5252 PERMIT TO CONSTRUCT A WELL APPROVED WELL LOCATION GARFIELD COUNTY NW 1/4 NE 1/4 Section 24 Township 5 S Range 92 W Sixth P.M. DISTANCES FROM SECTION LINES 1075 Ft. from North 1475 Ft. from East UTM COORDINATES Northing: Section Line Section Line Easting: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 03) Approved pursuant to CRS 37-92-602(3)(b)(I) for uses as described in CRS 37-92-602(1)(f). Use of this well is limited to monitoring water levels and/or water quality sampling. This well is known as Monitoring/Observation Well no. 3. 4) This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well. The well must be kept capped and locked at all times except during sampling or measuring. 5) Records of water level measurements and water quality analyses shall be maintained by the well owner and submitted to the Division of Water Resources upon request. 6) Upon conclusion of the monitoring program the well owner shall plug this well in accordance with Rule 16 of the Water Well Construction Rules. A Well Abandonment Report must be completed and submitted to the Division of Water Resources within 60 days of plugging. 7) The owner shall mark the well in a conspicuous place with well permit number(s) and name of aquifer as appropriate, and shall take necessary means and precautions to preserve These markings. 8) This well must be constructed by or under the supervision of a licensed well driller or other authorized individual according to the Water Well Construction Rules. If non-standard construction is anticipated, a variance request must be submitted in accordance with Rule 18 and approved prior to well construction. 9) A Well Construction and Test Report (Form GWS -31), including lithologic log must be submitted by the individual authorized to construct the well. For non-standard construction, the report must include an as -built drawing showing details such as depth, casing, perforated zones, and a description of the grouting type and interval. 10) This well shall be constructed not more than 200 feet from the location specified on this permit. "{ NOTE: Section 24 is an Irregular "SHORT & WIDE" section. NOTE: Parcel Identification Number (PIN): 23-2127-242-00-251 NOTE: Assessor Tax Schedule Number: R200774 (totaling 952.85 acres) APPROVED DMW State Engineer Receipt No. 9501956C DATE ISSUED 07-27-2004 By EXPIRATION DATE 07-27-2006 Send to: Division of Water Resources Fax: 303-866-3589 1313 Sherman Street, Room 818 Phone: 303-866-3581 Denver, Colorado 80203 was * OWNER'S NOTICE OF CONSTRUCTED WELL - 7: ' - M, d,-,3 -t.—... Construction of my well under:;PermitNo completed on'''', -,c `---: - j (month) (day) (year) -•• .g,,. : ;, The well.,:.. ,_.. -.. - - was constructed by: ' - ; .• (drilling contractor If the pumping equipment has been installed The pump was installed in my well by: - .} , ; ., - • - (Pump• contractor) on s, . _ - f . - • ,(month) �we : (day) (year) -: ti. - - . - Signed: j- - u �4J. 1:} t :r=:r Date: - _) a - ... — ...,....14-. _ Comments: Form No. GWS -7 EXEMPT PERMIT INFORMATION SHEET • 3/2003 STATE OF COLORADO OFFICE OF THE STATE ENGINEER 821 Centennial Bldg., 1313 Sherman St., Deriver, Colorado 80203 (303) 866-3581 Fax (303) 866-3589 INFORMATION FOR WELL PERMITS APPROVED PURSUANT TO CRS 37-92-602 (HOUSEHOLD, DOMESTIC, LIVESTOCK AND EXEMPT COMMERCIAL USES) Carefully read the conditions of approval on your well permit. The conditions and the information on this information sheet must be complied with in order for the permit to remain valid. THE PERMIT EXPIRATION DATE IS TWO YEARS FROM THE DATE ISSUED. The well must be constructed and evidence of Ws construction must be received by this office in the form of a Well Construction and Test report from the well construction contractor confirming that the well was constructed prior to expiration of the well permit. The well permit number is located in the upper right hand comer of the permit, and the expiration date is located in the lower right hand comer. The expiration date of the permit may be extended one year at a time at the discretion of the State Engineer for good cause shown. If an extension of time is necessary to construct the well, a written request for the extension of time must be received by this office, accompanied by a filing fee of $200, prior to the expiration date of the well permit. In the request, you must provide the well permit number, your name and mailing address and the reasons why the well has not been constructed and when it will be constructed. Water well construction and pump installation contractors are specifically licensed in Colorado to perform these specialized tasks. It is illegal for contractors who do not hold these licenses to construct wells and/or install pumping equipment in or on wells. The well must be constructed and the pump installed by contractors with current license(s) issued by the State of Colorado unless exempted as described on the reverse side. Please ask to see their •license(s). Backhoe Operators and Licensed Plumbers may or may not hold the respective Well Construction and/or Pump Installation licenses. Please be aware of this when you contract to construct the well and install pumping equipment. The well construction report including a test of the well yield must be submitted to the office of the State Engineer within sixty (60) days of completion of the work or within seven days after expiration of the permit, whichever is earlier. The pump installation report including a pumping system test must be submitted within sixty (60) days of completion of the work. The contractor(s) must provide you with a copy of the work report(s) filed with the State Engineer. The Well Construction and Test Report, Form Number GWS -31 and the Pump Installation and Test Report, Form Number GWS -32 are available from the Division of Water Resources offices. Additional information regarding well construction, pump installation, required testing and well plugging and sealing regulations are found on the reverse side of this sheet. You have been provided with at least two copies of the well permit. Keep a copy for your records. There is also a copy for the pump installation contractor. Copies have been sent to the driller if you indicated a driller license number on the application, or two additional copies have been enclosed. You may make additional copies for the well construction contractor if you select one different from the one indicated in your application. The original permit is on file in the Denver office Records Section. Copies may be obtained for a fee of 50 cents per page. Statutes require that any change of mailing address or ownership be reported to the State Engineer. Form number GWS -11 is used both by new owners to report ownership changes and current owners to report address changes. If you have questions, contact the Denver Office, or the Division Office in the area where your well is located. Division 1 810 916 St. 2"d Floor Greeley, CO 80631 (970) 352-8712 Division 2 310 E. Abriendo Ave Ste B Pueblo, CO 81004 (719) 542-3368 Division 3 422 4th St Alamosa, CO 81101 (719) 589-6683 Division 4 1871 East Main St. Montrose, CO 81402 (970) 249-6622 Fax (970) 391-1816 Fax (719) 544-0800 Fax (719) 589-6685 Fax (970) 249-8728 Division 5 Division 6 Division 7 Denver Office Direct mail to Box 396 Direct mail to Box 773450 701 Camino Del Rio Ste. 1313 Sherman St. Rm. 818 Glenwood Spgs CO 81602 505 Anglers Dr. Suite 101 205 Denver, CO 80203 50633 U.S. Hwy 6 & 24 Steamboat Spgs, CO Durango, CO 81301 (303) 866-3581 Glenwood Spgs., CO 81601 80477 (970) 247-1845 Fax (303) 866-3589 (970) 945-5665 (970) 879-0272 Fax (970) 866-5417 Fax (970) 945-8741 Call first Fax (970) 879-1070 Job No.: 24202 Client: Lewis Test By: Lewis Analysis By: RAZ M.P. = Top of Casing 'fable 1 Hogback Well No. 3 Pump Test Data Q- S.W.1..= b= Time/Dale on: Time/Date off: 'fest Length: 09nl 1t 24.9 It 5 7/27/05 8:10 AM 0/1/05 6:30 AM 118:20:00 total time a.r wl. a..d lgs 5)0.151/2001 2"21001'24:0=1/01 \ 14* Ik'elapmnl\N'cl1.01'0.0500 Time W.L. Measurement Drawdown Q 1' U.' TIME (minuses) (feel (inches (feet (: nn (minutes 7/27/05 8:1 AM 11 25 0.25 S 3 _- 7/27/05 8:111 AM 1 26 0 1.09 3 7/27/05 8:12 AM 2 26 3 1.34 3 7/27/05 8:13 AM 3 26 8 1.76 3 7/27/05 8:14 AM 4 26 10 1.92 3 7/27/05 8:15 AM 5 27 0 2.09 3 -_ 7/27/05 8:16 AM 0 27 1 ® 3 7/27/05 8:17 AM 7 27 1 2.17 3 7/27/05 8:18 AM 8 27 1.5 2.22 3 WEEMEIM=1.1131111 27 MEE= MEE=3 7/27/05 8:20 AM®© 2.26 3 1 ®®®=ME 3 7/27/05 8:30 AM 20 27 3 2.34 3 7/27/05 8:35 AM 25 27 3.25 2.36 3 7/27/05 8:40 AM 30 27 3.5 2.38 3 7/27/05 8:50 AM 40 27 4 2,42 3 7/27/05 9:00 AM 50 27 4 2.42 3 7/27/05 9:10 AM 60 27 4.25 2.44 3 7/27/05 9:25 AM 75 27 5.25 2.53 3 7/27/05 9:40 AM 90 27 5 2.51 3 7/27/05 9:55 AM 105 27 5 2.51 3 7/27/05 10:10 AM ®©® 3 7/27/05 10:40 AM IMMIIMINUIMEMEIMIEEMI 3 7/27/05 11:10 AM 180 27 5.75 2.57 3 7/27/05 11:40 AM 210 27 6 2.59 3 7/27/05 12:10 PM 240 27 6.25 2.61 3 7/27/05 1:10 PM 300 27 6.5 2.63 3 7/27/05 2:10 PM ®0 WS= 3 -_ 7/27/05 3:10 PM 420 27 7.25 2.69 3 7/27/05 4:10 PM 480 27 8 2.76 3 7/27/05 5:10 PM 540 27 8.25 2.78 3 7/27/05 6:58 PM MEM 27 8.5 ®t 3 7/27/05 10:25 PM ®0 MIWIEIIII 3 7/28/05 2:00 AM 11.13:11111MMENIMI MM. 3 7/28/05 5:00 AM 1250 27 11.25 3.03 3 7/28/05 8:55 AM 1485 28 0 3.09 3 7/28/05 8:55 AM 1485 28 0 3.09 Sto..ed Pum .in. : MEEMINMAII0MITSM0IIIIIMIIIM: ID. 7/28/05 8:56 AM INI131111111E1111®1111111ME 0 2 744 1 : : ®® IINKEIM01 MIEREMEIMMIIMEMIIIMMIIIIINE=M11= 0 IMINICI® 7/28/05 9:00 AM 1490 26 0.75 1.15 0 © 298 7/28/05 9:01 AM 1491 26 0 1.09 0 11M13 249 7/28/05 9:02 AM 1492 25 11.75 1.07 0 IIMEI® 7/28/05 9:03 AM®®®i mormimimommil 7/28/05 9:04 AM®® W18 1 7/28/05 9:05 AM IIMOMMIEEM ME11111111111:MINNIIIMCIMIMEEI 7/28/05 9:06 AM 1496 25 10 0.92 0 11 136 7/28/05 9:11 AM 1501 25 9.75 0.90 0 16 94 7/28/05 9:16 AM 1506 25 9.5 0.88 0 21 72 7/28/05 9:21 AM 1511 25 9.5 0.88 0 26 58 7/28/05 9:26 AM 1516 25 8.75 0.82 0 31 49 7/28/05 9:36 AM 1526 25 8.5 0.80 0 41 37 7/28/05 10:02 AM 1552 25 8 0.76 0 .111=EI 1 7/28/05 10:15 AM 1565 25 7.75 0.74 0 80 20 7/28/05 10:27 AM 1577 25 7.5 0.72 0 IMMEMIIIIMS 7/28/05 10:42 AM 1592 25 7 0.67 0 Min 15 7/28/05 10:58 AM 1608 25 7 0.67 0 123 13 7/28/05 11:10 AM 1620 25 6.5 0.63 0 135 12 7/28/05 11:25 AM 1635 25 6.25 0.61 0 MEM 11 7/28/05 11:55 AM 1665 25 6 0.59 0 180 9 7/28/05 12:25 PM 1695 25 6 0.59 0 MINEMIIMMEI 7/28/05 12:55 PM 1725 25 5.5 0.55 0 240 7 7/28/05 1:55 PM 1785 25 5.25 0.53 0 300 6 7/28/05 2:55 PM 1845 25 5 0.51 0 MINETI© 7/28/05 3:55 PM 1905 25 5 0.51 0 420 5 7/28/05 4:55 PM 1965 25 4.75 0.49 0 480 4 7/28/05 5:55 PM 2025 25 4.25 0.44 0 540 4 7/28/05 8:55 PM 2205 25 3.75 0.40 0 1.1111E3© 7/29/05 1:00 AM 2450 25 3.5 0.38 0 965 3 7/29/05 6:30 AM 2780 25 2.5 0.30 0 MIIIM© a.r wl. a..d lgs 5)0.151/2001 2"21001'24:0=1/01 \ 14* Ik'elapmnl\N'cl1.01'0.0500 E tzki H O 0.3) I A I .ia11m 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I I I I I I I I _ Q = 3 gpm throughout test — Static Water Level = 24.9 ft _ Pump Set @ ?? - Total Depth 82.5 feet I I I I I I I I 1■ O 0.3) I A I .ia11m • • • Recovery as Residual Drawdown c C (Tonal °gels u1o.13 pad) umopmeiu P.O. Box 1908 1005 Cooper Ave. Glenwood Springs, • CO 81602 • • Z4f C4NELL4 4N0 4550CI4TES, INC. ENGINEERING CONSULT4t4TS August 31, 2005 Mr. Bruce Lewis Boundaries Unlimited 923 Cooper Avenue, #102 Glenwood Springs, CO 81601 RE: Hogback Well No. 3 Dear Bruce: (970) 945-5700 (970) 945-1253 Fax At your request, Zancanella & Associates, Inc. has reviewed the pump test data collected by you on July 27, 2005 at the Hogback Ridge Development. The total depth of the test well was found to be 82.5 feet. The well was pumped continuously for 1485 minutes or 24.8 hours. Drawdown vs. time was monitored on a periodic basis for the entire test. The pumping rate (Q) was adjusted during the first ten minutes of the test until a stable rate of 3 gallons per minute (gpm) was achieved. After that initial period the pumping rate was held at 3 gpm for the remainder of the test. Fifteen gpm is the maximum amount allowed under an exempt domestic well permit. Maximum drawdown from the static water level during the test was approximately 2.8 ft. Figure 2 shows that the well did not fully recover during an equal pumping period. This would indicate that the recharge to the well was less than 3 gpm and may be in the 1 to 2 gpm range. When pumping was discontinued, the recovery of the water level was observed for an additional 1295 minutes or 21.5 hours. At that point the well had recovered to within approximately 2.3 inches of the original static level. The drawdown and recovery data are presented in Table 1 attached. A graph showing the water level during pumping is attached as Figure 1. The well showed increasing drawdown with time and did not stabilize. A graph of the recovery period with the water levels plotted as residual drawdown is included as Figure 2. The pump test results indicate that water may be seasonally mined from the aquifer. This well could be used to serve three family residences with adequate storage; however, seasonal recharge must be balanced with seasonal withdrawals. If you have any questions please call our office at (970) 945-5700. Very truly yours, Zancanella & Associates, Inc. CC:tiv1,Q� Thomas A. Zancanella, P.E. Attachments Z:\24000\24202 Hogback Ridge Development\Hogback Well No 3 Pump Test Report.doc Cult+redo I)epartmeuc of Public }icalth and Lnvironlncni Laboratory Services Division 8100 Lowry Boulevard; Denver CO 80230-6928 US Mail: PO Box 17123, Denver CO 80217 (303) 692-3090 fax (303) 344-9989 Lab 11) No. MSA -2005001063 5, LE SITE SAMPLE INFORMATION Grand Hogback Well #3 Well Head RAW Collected Received Reported Collected By 7/28/2005 9:00:OOAI\ 7/29/2005 9:12:OOAM 8/1/2005 BDL Matrix Drinking Water USTOMER COMMENTS Zancanella & Associates 1005 Cooper Ave. Glenwood Springs, CO 81601 Contact Name Contact Phone Purpose Routine Chlorine residual Payment Type Billed Test Name Result Method Name II;herichia coli PA Total coliforms PA E. coli not detected Coliform absent or less than one (<1), indicates a microbiologically safe sample SM 9223 • LARS Interent Address: http://www.cdphe.state.co.us/lr/lrhom.ht}n Modification Date:8/1/2005 #203 • • COMMON WELL COVENANTS Grand Hogback LLC, "Declarant", being the owner of Parcels 1, 2, 3, and the remaining parcel, as described on the Grand Hogback Subdivision Exemption as recorded in the records of the Clerk and Recorder of Garfield County, Colorado, do does hereby declare and establish that said real property shall be held, owned, conveyed, encumbered, leased, rented, used, and occupied subject to the following covenants, restrictions, conditions, easements, and obligations which shall run with the land and shall be binding on all persons having or acquiring any right, title, or interest in said real property. Except for the purpose of establishing easements over the remaining parcel as hereinafter provided, reference to "the parcels" herein shall be deemed to be to said Parcels 1, 2, and 3. 1. Water System Description. The common water system which is the subject of these covenants shall consist of the following: (a) That certain water well located approximately 300 feet north of the north boundary line of Parcel 1 and approximately 100 feet northwest of the centerline of County Road No. 237, which well was drilled and constructed pursuant to permit No. 267651 issued by the Colorado Division of Water Resources; (b) The water and water rights appurtenant to said well; (c) The pump and related equipment necessary to produce water from said well for use on the real property hereinabove described. 2. Water System Ownership. The common water system as above described shall be owned in undivided equal interests by the owners of the parcels. The owner or owners of each of said parcels shall also own a proportionate interest in and to so much of the water supply line as is used in common by the owners of more than one of said parcels. 3. Easements. The owner or owners of the above described parcels shall have easements and rights-of-way for the purposes of maintaining and replacing said well, pump, water supply line and related equipment, which easements and rights of way are described on the above referenced Grand Hogback Subdivision Exemption. The parcel owners shall bear the expense of extending the water supply line from the well to their respective parcel in proportion to their respective ownership of said water supply line or any portion thereof. Each parcel owner shall also have an easement for access to the shut-off valve on the water line serving the other parcel, which easement shall extend to such valve along and five feet (5') on either side of the supply line serving such other parcel. 4. Water System Installation, Maintenance, Repair and Replacement. The owner of any parcel may elect to install those components of the conumon water system described in subsection 1(c) above at any time; provided that if the Declarant then owns one or more of the parcels, the Declarant's approval (which approval will not be unreasonably withheld) of the plans and specifications for and the proposed installer or installers of such common water system • • components shall first be obtained. The parcel owner or owners initiating such installation shall bear the cost of such installation, subject to the right of reimbursement as hereinafter provided. After such installation of the common water system components and prior to another parcel owner connecting a water supply line to the common water system, the owner of such parcel desiring connection to the common water system shall reimburse to the parcel owner or owners who bore the initial cost of installing the common water system one-third (1/3) of such initial cost as reflected in paid invoices or receipts for such costs. In no event shall a parcel owner connect a water supply line to the common water system or receive any water from such system until such owner's share of such installation cost is fully paid. The owner of each parcel connected to the common water system shall equally share the cost of maintenance, repair or replacement of the common water system; provided, however, the Declarant shall not be responsible to pay any such maintenance, repair or replacement costs unless and until a parcel owned by the Declarant is connected to and is receiving delivery of water from the common water system. The owner of each parcel shall bear the cost of and be solely responsible for the installation, maintenance, repair and replacement of pipelines and other equipment not used in common by the parcel owners but which is solely used to provide water service to such owner's parcel. All common expenses related to the common water system to be shared as above - provided shall be paid by each owner within twenty (20) days after receiving notice thereof or after determination by arbitration as above -provided, whichever is applicable. If any owner fails to pay such owner's share of a common expense as herein provided, such unpaid amount shall accrue interest at the rate of one percent (1%) per month, compounded monthly, commencing at the end of the twenty (20) day period when such payment was due. If the non-paying owner fails to pay any amount due hereunder within three (3) months from the date due, the other owner who has paid such expense may seek a judgment for the amount due and may exercise such other legal or equitable remedies as are available, in which event the prevailing party shall be entitled to recover reasonable attorney's fees and costs incurred. 5. Disconnection from Water Supply. In the event the owner or owners of any of the above described parcels desires to discontinue the use of water from the above described water system, such owner may disconnect from said water system, and, upon disconnecting and giving written notice of such disconnection to the owner or owners of the remaining parcel or parcels, shall be relieved of any further obligation to pay the cost of maintenance of said system; provided, however, such disconnecting owner shall remain fully liable for his share of any maintenance expenses incurred prior to such disconnection, and such disconnecting owner shall not thereafter be allowed to reconnect to the water system without having first obtained the written consent of the owner or owners of the parcel or parcels then utilizing said water system. In the event of disconnection of any parcel from the water system as provided in this paragraph, the maintenance expenses thereafter incurred in connection with said water system shall be borne by the owner of the remaining parcel or parcels. 2 • • • 6. Operational Costs. The monthly cost of operating the water pump and water delivery system as above described, including charges for electricity use, shall be apportioned in equal shares between the parcels actually receiving water from said system during the month for which the charge or billing is received; provided, however, upon the written demand of the owner or owners of any parcel (which demand shall be delivered to the owner or owners of all other parcel or parcels), volumetric water pow meters shall be installed on each of the parcels receiving water from said system for the purpose of measuring all water received from said water system. Upon the installation of said water flow meters the monthly operational costs of said system shall be prorated on the basis of gallons of water received per parcel. The cost of materials and labor in connection with the installation of any such water meter shall be bom by the owner of the parcel for which said meter is installed. Upon agreement by the owners of all of the above described parcels, the expenses of maintenance of the water system as provided in paragraph 4 above, shall be apportioned on the basis of consumption as measured by said water flow meters. 7. Water Distribution. In order to insure reasonably comparable pressure to each parcel, the water lines to the respective parcels may be required to be of non-uniform diameter. The owner or owners of each parcel shall also install such flow restrictors in their water supply lines as are necessary to effectuate the purposes and intent of this section. In the event the water produced from said well becomes inadequate to supply all of the demands for water therefrom, the parties utilizing such water shall proportionately reduce their consumption therefrom until they are each consuming an equal amount of water which can adequately be produced from said well. The owners of the parcels may elect to drill a new well or take such other remedial action as is necessary to improve the production of water from the common system and the cost thereof shall be borne equally by the owners of said parcels, subject always to the disconnection rights as provided in these covenants. The owner or owners of each parcel shall install a shut-off valve on the water line serving such parcel. Such valvc shall be located at a point on the individual supply line for such parcel to allow the supply of all water to such parcel to be discontinued without interfering with the supply of water to any other parcel. 8. Water Use Restriction. Water from the common water system shall be used to serve no more than one single family residence on each of the above described parcels 1, 2, and 3, watering of domestic and the irrigation of not more than one-third acre of home gardens and lawns on each parcel. Any use of water from the common water system except as herein expressly provided is hereby prohibited, unless otherwise provided in a written agreement executed by all of the owners of all of the above described parcels. 9. Enforcement. The owner of any parcel shall have the right to enforce, by any proceeding at law or in equity, the covenants herein contained. Failure to enforce any covenant shall not be deemed a waiver of the right to do so thereafter. The party prevailing in any action -3 - • • • for enforcement of these covenants shall be entitled to recover all court costs, including reasonable attorney's fees incurred. 10. Severability. Each of the covenants herein contained shall be deemed independent and separate and the invalidation of any one shall not affect the validity and continuing effect of any other. 11. Amendment and Termination. The covenants and agreements herein contained shall continue in full force and effect for a period of twenty (20) years and from year to year thereafter until amended or temrinated by written instrument executed by all of the owners of the parcels above described. 12. Notices. Notice as hereinabove required shall be deemed delivered upon being placed in the United States Mail, postage prepaid, and bearing the address of the owner or owners as shown in the records of the office of the Assessor of Garfield County, Colorado. SIGNED this day of 200 . Bruce D. Lewis, Managing Partner 4 • STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this day of 2006, by Bruce D. Lewis, Managing Partner of Grand Hogback LLC. Witness my hand and official seal. My commission expires: Notary Public Apr 08 05 01:12p Admin 870-876-2774 p.1 BURNING MOUNTAINS FIRE PROTECTION DISTRICT' Brit C. McLiu Chief 611 Main St. P.O. Box 2 Silt, CO. 81652 Bruce Lewis Boundaries Unlirnited Inc. 923 Cooper Ave, Suite 102 Glenwood Springs CO 81601 Bruce: Phone: (970) 876-5738 Fax: (970) 876-2774 E -Mail: chicf800 rof.net 7 April 2005 Regarding the Grand Hogback Development Exemption Platt in Section 24 on County Road 237; I have discussed the water storage requirements for fire suppression purposes with Boundaries Unlimited Inc.. Burning Mountains Fire will require, as part of this exemption, one 6,000 gallon underground storage vessel that will be accessible to the Department's emergency vehicles. We are finalizing the details of this agreement and I support the application at this time. Yours truly, Brit C. McLin SCHENK, KERST & deWIN'FER, LLP A PARTNERSHIP OF )'kOlI.SSIONA).CORPORATIONS ATTORNEYS AT 1AW .1011N R. SCHENK DAN KIERST \\'111_JAM J. dr\\INTER. 111 CAROLYN M. STRA11TMAN 302 E)0)1')7) STREET, SLATE 310 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945.2447 TELEC0J'IEk: (0701945-2440 May 25, 2005 Mr. Mark Bean, Director Building & Planning Department Garfield County 108 Eighth Street, Suite 201 Glenwood Springs, CO 81601 Re: Grand Hogback LLC - Subdivision Exemption Application Dear Mark: Reference your letter of April 20, 2005, 1 enclose herewith copies of the following instruments which confirm that the real property described on Exhibit A attached hereto existed as described on January 1, 1973: (1) Abstract of Deed dated June 19, 1945 and recorded June 29, 1945 as Reception No. 154434 conveying the subject property to Paolazzis. (2) Condemnation Decree (marginal legibility) recorded October 28, 1959 in Book 321 Page 270 by which four (4) exception parcels were condemned from the subject property. (3) Warranty Deed dated March 11, 1974 recorded as Reception No. 262187 from Paolazzis to Eldridge, confirming that the referenced parcel existed as described. Note that this Deed did not except out the four (4) condemnation parcels except by general reference to "rights of way" and "highways". Let me know if you...need anything further in this regard. DK/tjk Enclosures xc: Grand Hogback LLC Yours KERST lyy 1,I,Fac SlonpcWCY<wvt.BWosbuck11-1F BEAN. I.wpd EXHIBIT A TOWNSHIP 5 SOUTH, RANGE 91 WEST OF THE 6TH P.M. SECTION 19: S1/2NW1/4, N1/2SW1/4 AND THE S1/25E1/4 SECTION 29: NW1/4NW1/4 SECTION 30: NE1/4NE1/4 TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6TH P.M. SECTION 23: NE1/4NE1/4 • SECTION 24: ALL, EXCEPTING THE FOLLOWING DESCRIBED PARCELS OF LAND A TRACT OF LAND SITUATE IN THE N1/2SE1/4 OF SECTION 24, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6TH P.M. DESCRIBED AS COMMENCING AT A POINT 1, 320 FEET WEST OF THE SE CORNER, SECTION 13, TOWNSHIP.5 SOUTH, RANGE 92 WEST, AND RUNNING THENCE SOUTH 300 FEET, EAST 700 FEET, NORTH 300 FEET, WEST 700 FEET TO PLACE OF BEGINNING A TRACT OF LAND SITUATED IN THE NE1/4NE1/4, SECTION 24, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6TH P.M., BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE NORTH EAST CORNER OF SECTION 24, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6TH P.M. BEARS N 89 DEGREES 49' E 398.74 FEET; THENCE S 51 DEGREES 33' W 64.75 FEET; THENCE 5 42 DEGREES 32' W 92.00 FEET; THENCE S 21 DEGREES 57' W 175.00 FEET; THENCE S 9 DEGREES 19' W 30.00 FEET; THENCE S 89 DEGREES 49' W 40.16 FEET; THENCE N 70.05 FEET; THENCE N 21 DEGREES 57' E 176.90 FEET; THENCE N 42 DEGREES 32' E 89.12 FEET; THENCE N 89 DEGREES 49' E 96.96 FEET TO THE POINT OF BEGINNING A TRACT OF LAND SITUATED IN THE NE1/4NE1/4 SECTION 24, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6TH P.M., BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, WHENCE THE NORTH EAST CORNER OF SECTION 24, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6TH P.M. BEARS N 64 DEGREES 02' E 689.62 FEET; THENCE S 89 DEGREES 49' W 700 FEET; THENCE S 75.49; THENCE N 89 DEGREES 22' E 132.88 FEET; THENCE N 79 DEGREES 42' E 185.50 FEET; THENCE N 89 DEGREES 22' E 209.60 FEET; THENCE EAST 132.10 FEET; THENCE N 46 DEGREES 30' E 59.18 FEET TO THE POINT OF BEGINNING A TRACT OF LAND SITUATED IN THE NW1/4NE1/4 OF SECTION 24, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6TH P.M., BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE NORTH EAST CORNER OF SECTION 24, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6TH P.M., BEARS N 73 DEGREES 57' E 1,373.53 FEET; THENCE N 375.49 FEET; THENCE S 89 DEGREES 49' W 196.00 FEET; THENCE S 73.66 FEET; THENCE S 40 DEGREES 04' W 97.47 FEET; THENCE S 30 DEGREES 30' E 122.40 FEET; THENCE S 48 DEGREES 14' E 108.00 FEET; THENCE S 61 DEGREES 32' E 103.80 FEET;- THENCE N 89 DEGREES 22' E 24. 82 FEET TO THE POINT OF BEGINNING A TRACT OF LAND DESCRIBED AS FOLLOWS; COMMENCING AT A POINT ON THE NORTH LINE OF SECTION 24, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6TH P.M. WHENCE THE NORTHEAST CORNER OF SAID SECTION BEARS N 89 DEGREES 49' E 495.70 FEET; THENCE S 42 DEGREES 32' W 89.12 FEET; THENCE S 21 DEGREES 57' W 176.90 FEET; THENCE N 22.979 -5 -FEET -TO -THE -NORTH -LINE -OF -SAID -SECTION -2-4; -'THENCE-N 29 -9 -5 -FEET -TO -THE -NORTH ;INE -OF -SAID -SECTION -2 -4; -THENCE -N- 89 DEGREES -4-94-E 126.90 FEET TO THE PLACE OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO • 11154431. Pr/UWITY1:1 DEED ?MS NEED, Mode this 19th dny of June•, in the yens of our Lord one thousand nine hundred cud forty-f;ve, between INY COLORADO YUSL AO l((0)) CUiiPONITIU17, u eor303111lon du)y organized and ezl,Llnf. under oml h•; virtue of the laws of Lho :;ante of Colorndeof the firm port, and CUSS A. )•AULA3'j and ' U)(1N0 L. 1'A(11.A7,Tl, of the County of Corfield u;3) State of Colorndo, of the second port: 1111I(R';'1NTJl, Thut the sold putty of the first port, for and In ennslierntion of Lilo num of Tun Dollars (4)0-90) and other vnlu,,lde soh:.ldcrnt..ton, to the said potty of the first port in Lend paid by the sold parties of the second port, the receipt whereof is hereby confeseed and ncl:nnr')e4 4, both grunted, 3torgained -. i4-3uld ll<sy.14,—,.....4 -3) roxv-y,,,,,,,mL'n'-4l1313FT gill nr(min,--fel l -,--convey....----- rind confirm unto the sold parties of Liu second part, 0101. 1n tenancy 1n common but in joint tonnnciiy, the survivor of them, their annl7;nt, and the heirs end enr•ignn of Dual; n rviver forever, n13 of Lha following, deacrlbed parcels or load, situate, lying end being in Lha County of Garfield and State of Colored°, Lo -wit: 43.85 3. R. S. Cancell.ed..' All of Section twenty-four (20, excepting, however, n tract of land containing approximately four tend eirhLy-two hundredths (4-32) acres, 1.n the Worth Slolf of the Ncrthen_L Quarter (NI,. of i11Sj) of said Section Twenty-four (241, more pnrticularly described nn follows: Commencing nt a point ane thousand three hundred twenty (1320) feet west of the SouLheont (SE)) corner of Section thirteen (13), Township five (5) ,oath, Rnn3ge ninety-two (92) West, thence south three hundred (300) feet; thence east seven hundred {700) feet, thence north oer,lnniug. ; the Dnrldionot :1anrter or 1.1e:1 Nor3•hcnat Quarter (171?O7E4) of Sccilon Lwe.uty-Llu'eu (23) ; the Northwest quarter of the northeast '.lunrtrr North Unit of the Northwest quarter (N§WSJ Northeast (plotter of the. IIorl.)lonat Quorter 1 (ty'I-;Ni?x) end the ' i) of Section twenty-five, (25); and the nil lu n,toand ip fS.va (5) South o1' f II'lJi.,1$;),) of Section twenty -nix �1} Meridian, uud Range ui.nety-tae Y-th) (.26); ,,11 (92) Neat, Sixth (6th) Principal, 1 The South Ilulf of the Northwest Quorter' quarter (33iSNO and the (S 00331, and the tart( 13;1!' or the Southwest nineteen (19);went uarf of the a Uorthwehennt quarter (o}' E ) of of Sect twenty-nine Lhn PI°rte 3)o' quarter or the Northwest quarter (NV7 171v1) of Section (29) end the Northeast Quarter of the north -cast Quarter Section thirty (30); all in Township five South of Runge ninety-one West, Sixth (6th) Principal (5) (ilY}17E) of P Meridien. (gl) Containing, eleven hundred and fifty -flue and seventy-seven hundredths 1 more or less. j1,159.77) eo Subject to n11 lawful existing rights of wey or eanemonts. 131)3 3 351133 1110 unto the party of the first, port., its nncconnorn Dud ocailnn, all oil. end • 1• ens underlyi,,, ,told premises, together with the richt or Lnnecrn uud ureas thereto' .Sad 3.hnrc rrnun, aid Lhe. n•l J:ht of prospecting, drilling null removing, such o11 end ipso together with so smell o3 1.h.,1.h.,nurroce of sn3d pro1W000 110 may bo necenon1'y for such q purpnnen; nod the pnri.3.,,n of 3.11e second port 3'rn• themselves, their hell's, reprenenLet)ve:, nod a::rinas . nnr•fece nod the hereby cuvrfacenont and urr°u to wthe ell ise of {he -riga Improvements on the attr!'occ nccn:donod by the exercise of the rlgfte herein reserved, uud '100):7'11113 w11•h on. nod r:13133ul0r the herediLnmen3„ uud appu1Lenen,en thereunto (0.on131af;, or in unywi.a' elq,artn3nlu31, end the reversion or reversions, remainders, rents, iseu0,, nod profit:.^, Lhn roof; and 'n!). Lhe eats Le, rle'.bt, title, interest, claim uud demn:d who tsoever of Lhn ,1nid put Ly of the fl rot port, either in low or oqulty, or, in and to the above bur °Sued oppurtenonces, R promisee with the hreditomente and TO 1(11'15 ANS 1'0 3(01.3) the nail premises above bargained Y!1 th the appurtenances VE man' Guerin, of the second port, • their `he party assigns ,a 01f the first I •• forever. And the sold The 0010•°3)0 Fuc). end port, for .Itself, and 1t1 successor's, doth 00vennntCocrant, b11reain,yand agree! to ; and with the sold purtles of the second pert, their heirs o13d nselgn o, that et the time of the aneeol..lu,, 1 ,u3) od,iurof these preuc01La 1.L In well seized estate premise ubovu corhveyeQ, on 011• t3 (;cod, sure, , p'erfec t, rtbnnlute emd inderansible estate of lnhertto,cc, l.0 ).ow la sue simple, end huLh good ')«)L, full power end lawful 1 authority to grant, bargain, sell and convey the name in manner and form aforesaid cad tont the acme are free end cionr from n1.1 farmer and other grouts, bnrgoins, ::ales, lioan, tuxes, onsess033t;; end Ineumbrn,cen or Whe Lever kind or no ture 0oever;. EBC1t"1' the 191,5 Lnxcs due and payable January 1, 1946 end all special assessments except inatel.lme,Ls due prior to 1945, end subject further to any end 011 restriotio conditions or reversionary oleasen contoIned in prior deeds, and the above bnr•;alned premise:' 101 the quiet and,peacer)]e possession of the said parties or the I second sort, their heirs and u:;eif;na, ageless, all and every person or perrons lewfull 1 claiming, or to a,elm the whole or 0ny part thereof, the said party of the first '( port shall and will WARRANT 1110 rouvER DEFEND, I"1 1YI'1'iI='.4U11(1EUF, The said party of the first port Loth caused its corporate name to be hereunto subscribed by its Vice President, null its corpornte sent to he hereunto affixed, attested by its Secretory, the day and year first above written. ATTEST: D. C. McCraw Piecreaery STATE OF COLORADO CITY SAND COUNTY UP 08633(131 ) ne, .911tt(1'' THE COLOR/.DO FUEL AND IRON CO3iPORATIO tl�l ) p)' 8. C. Pierson '-•' Nice President The foregoing instrument was acknowledged before me this 23x.1 day of June, 1945, by `- S. Pierson us Vice President end D. C. McCraw am Secretary of The Colorado _irei ar,d iro»�.m•;rerc];in Ely notarial oonmdaaion expires December 133, 1948. Wltnees my hand and official meal, NOfAR1A( S(U Ruby L. Pearson Notary Public. Filed fol record Jun 29, 1945 et 13:35 o'clock A. 31. Wolter S. Frost, Reomrder By Chas. S. Keogan, Deputy' • ,. • r kij jook 32.1 Por,a 27-0 • HeotwiGtf Hoct,ptit,o lt •;. 1.17CTh t: I' 1 1.•1 P Y IN THE DIZTRICT CGUIIT 11+1 AND POH THE CCUNTY OP OARFI'III AND OF coLoRAno. • THE FAHMErtS IRRIGATION COMPANY, ) tilcorportation, ) ) Petitioner, ) CAVIL ACI3ON L930 va. ) O. 1.. TOLLEY, AUGUSTA PAOLAi.:.I, ) PAOLA2ZI, oleo known ao ) clUIRINO L. PAOLAZZI, CLE A. ram.A2ZI, ) and THE BOARD OP COUNTY COMMISSIONERS ) OF OARPIELD COUNTY, coLonAto, ) ) Respondents. ) THE FAERS IRRIGATION COMPANY, a,00rpOration, ) Petitioner, ) ) . 4990 vs. . ) CIVIL AcrIGN NO , ) C. A. TOLLEY, AUGUSTA PAOLAZZI, and ) (UIRINO Paolx"..;zi, also known as gUIRINO L.PAOLAZZI, ) ) Respondents. ) ORDER. RULE. JUDGMENT AND DE:CREb: IN CONDEMNATION. TIala.clause, having heretofore end on, to -wit: the 22nd clay'of June, A: -D. 1959, regularly Oomeon for trial before ?aul JessuP,".William DOdds-6cott and Leona P. Choc, three • disinterested freeholders, residents of the County of Garfield, •AulyT'appOinted as commissioners to ascertain and determine the habOtaity of taking the land sought to'be tokon herein for • ditch nod reservoir pbroses, and also to deterMille :the amount Of. aompensation and damages, if any, to be allowed the respondents for taking.and condemnation of said lond, the Same being the issues to be determined under the petition or petitions and answer ftlad in the above oonsolideted causes, .1! • .:.nd .l] mntiens and ' Lh,,r proceedings nay.ng. heen del, rmi.a;ed ^--rin +ani 4.� 1+? po .1nl; _Lv„the_ Court th.1t an Order, hule, • Judi!mnt and Decree in Condemnation should bo entered e eln-;— LW, Court now finds as follows: 1. That on motion of the petitioner and by oonseot of all respondents appeorinA .herein. the above entitled causes, number 4930 and number 4990, were ct,nsolidazed Tor h ;:wring *nd trial. 2. Thwt on the 22nd 42.4 of June, 1959;• three disinterested r:<:ehol3ere, residents of the County of Garfield, were appointed '• commissioners to aaoertein and 'det rmine the necessity of Making the 1snd sought to be ts&en herein. for •ditoh and reservoir purposes and also to'determine,the; amount of com- pc-lentlon and -Omegas; if any,. to be'allowed tt.. reapondeots•for • tm; t€•_kin(, and condemnation .of said. lands. 3. That the only respondent¢ appenning.hereain -are C, A, Tolley and The Board of County'commissioners of.Garfield County, Colorudo. Thereafter the Board of CountyCommissi,onera. some;ted to the entry of an Order, Rule, Judgment and Decree in favor' of the petitioner In accordance pith'., the.preyer of the petition as herein set' f orth... 1:R 4:811:tloner and the respondent, C. A. 'To11ey, appeared :.end submitted -testimony herein. 4. That the description 'c3' .the lair •takt3n:;end to be Le:,ken in this proceeding is as follows: • ti' z_. , . ii:ook 321. Page 27 2 xioansteaakitii MOT N04,1: A tract of land situated in the ENE{, Sectibn 24, T. 5,5., R. 92 W Of 046 641:0),84 befng more fu11y described as follows; ..,4111e4i!kWet a point whento,tbe )ori h East corner pi. Section 24, T. 5 4431, the,4th P.M. being N4 1394491 N. 398.14.ft:et. • . Thence S. 51°331 W. 64.75 ft. S. 42°321 W. 92.00 4. 21°57+ W, 17543 • " S. 9010 W. 30.00 • . " 11 S. 890491 W. 40416 •North 70.05 N. 21°57' g.1i6,90 11 N, 42°321 13. 89.12.' " N, 89°491 14. 96.96 . " to the:pt. Of beginning containing .52 acres more or less: • • AK? NO, 2; . • A tract of land situated in'the N44EI, Section 24, 7. 5 gf, R.•92 W. 0 010 'th P.M., being more fully described as follows: • • • • Regioning 8t 8 point„whence the North East comer of Section 24,' ". T. 5 0., E. 411/. Of the '6thl.M. beard N.. 64°011 44689.62 ft. • ' . 'thence S. 89°49' W. /00ft, South 73.49 . N, 89°22' E. 132.88 N4 79°4/1 R. 185450) n N, 89°22' E. '209.60 ' East • 132.10 N. 46°30+ 19. 59.14 " to the poiht of beginning containing ,919 acres more oe 1oss. . • • TMEET M4 31 . . . , A,tratt of land tlitUied in the NW11141Of SectiOn 24, 7 $ lk. 92 '41, of thb Gth P.M.; being blare fully deatrihed a fo1ow Winning at e point, Whence the NOrkii grit Coihdi of Section 24, T. 5 S., R. 42 W; of the 6th P4M4 bears..0. 73°511 4, 1373.53 ft. . . - Thence, North ' 07544 ft, • ; 8, 89°491 W. 196.00 ' " • •bou4'.h . 73,66 " 4 S. 40°041 W. • 97.41 " S.300301 19,122.40 " 8. 440141 E. 108.00 • • 11. “ 4. 61.321 E. 103;80 . • " . . 49°22+O..: 14.82 to the point of beginning0cntftinI, oentainleg 1.15 acres moroOr • ' ' , ' ' TRACT NO. 4: • . A tract of land described as foliost . . . • . . Oommencing at a point on the North line of Sec: 24, Tp. 5 S,, . . . . R. 92 W. of the 8th P.M. whence the Northeast corner of said Section bears North 89°49' East 495.70 feet; thence South 42°321 West 89.12 feet; thence South 21°571 West 176.9 feet; thence North 2205 feet to the North line . . of said Sec. 24; thence North B9°49' East 126.4' feet to 'the place of beginning, 'containing .27 of an acre. • • IMOK ),.!J Paa 27 tn.d. on LW 23rd 01' J Liu, cold io r oort,i)o )n wnloh thoy oll lt 1.31,0rj r to oLlt:reor to 1,,Se so:1 condemn, ;in- nlho.,, t,l. knda anoVe .101,!r51..od In Lho ri'd1n? nnT.7!'!51' 'NH ./P4101.:.' 1, .!, 3 0;;i 23rd doso, of Junn, 2959, 1.MA no..:tlenloners D :• turntd their unrtifIas o of ocar..1nm and Jusessaiont c'nnieuloAlon ond0 roonl the iAsorliLion of ttr.. luni tWann and to be dssu In Lois Hoo,,aling la us ant forth in 11 o. L narour. id oom-!leuica,Jrs duo found thLL 1.;.44 value of the Lura actu.:11y au taovn lusorlb,d is fib followe: ,.nrcol. Jo. 1 oontluIng 0.52 der..e, :or LOOS, 10(.00 :;o. 2 aU F1,0V5 oLot,inin,:; 0.9ort., noror leca, '4900.30; verbal Above described e..nt.;Inlots,1. 1 oros, ' :•oto or :2L0.00; Parcul 3. 4 con..dium. .T.;27 of an acre, more or lesa,00.00: cowisrloners Curtner founi that the aoay... UP 1.115 r:ledu: of londs olftlaqd by LA resLondents•is :.1.5t.00 a.oad Ltt t -ire As no benefit to the r sldue of i.1 lands claimed ay respoodents. . 7. And witAin tho thou allmtd by order of court the petitioner filed s motion to entor a rule aad order on said cortifioaLc of ascertnioartnt N.00 Ei61768.71t of oompensation damoges awarding title and right of possession to Tracts ), 3 and 4 as above described to the peditLoner and tendered into oourt the value of said tr.6atsau found by said comwissionsrs • 1.0,,:ther with dareg:,s to the res!du- smonatinle In all Lo tne aum of ,,500.00, and tender6d the costa accrued in this °14o4. • Altionsre filed oblentiohs, ax.cop,.ions and motion to set cindincs of t19como1ss1oners as to d !b.uct Iho. 2, Uouk 37.1 1'apc 271, a)loging among other reasons uhlt the sward of :3900.00 for the value of Bald 'Treot No. 2 is excessive and is not supported by the evidence. H. The roepondent, C. A, Tolley, hue filed u p,arLial remittitur for the sum of 6300.00, thereby reduoing the award of $900400 as the value of said 1'r,aot No. 2 to ,'600.t.)0 and by stipulation filed herein the petitioner end the respondent, C. A. Polley have atipula:ed that a Uule,Order, Judgment and Decree oay be entered in favor of petitioner, thereby awarding title and right of poeseselon of the property described .n the fourth finding hereof upon payment into 'curt of the amount awarded by said commissioner° as the value of Tracts 1, 3 and 4 and also the dami.r,os so nv:arded as damages to the residue end the sum of 'e60C.00 ea the value of 'snot 2, amounting in all to the sum of 4,100.00, ih..t petit_oner is also to pity the court poste including tho oampens,ataon of the oommiesionors to be taxed hereinL 9. The court finis that all Fume to be paid.by the petitioner for en1d lands and as court oocts have been paid into the registry of this court. •NOV, TH'EREF'ORE, THE COURT DOES HEiaLBX ORDER, RULE, ADJUDGE AND PECBEE that the petitoner, its sueoeseors and asaigns shn11 become, and *is hereby adjude;od to become, seized in fee simple of the aforesaid patroelr, of land with full right to take . possession of, hold end use the same; that Bald petittocer shall •thereaft' be discharged from all claims for any damegms by • reason of said appropriation, taking, holding and uoe, or by reason of anx.matter set up in the petitioners petition or: the respondents answer herein. • a r:?:.. :,:' L,.•,. p.•.r 1. )> 1.r• idly Di 'c.'.!.:. .,lc, +[ u. , •I,.);;w_.:t .nd .)ecr::c mny be . In W 1.:f;5.;,. of t_n:l 1').f., of :in'eJT as if a .dead L?' convs,,,c: !1C:i from -)'r i::? , .';.:.'c r.r.,.-J In, ..;<e• aac i.,-:oove peall. of'tnr; cblt)onor. i ct,,: „ 1-:aer^o;'_' :.erla <, Lolar_Jo, this cr 19590 .Ju`-'•i:a ':;,TE OF COLORADO, ) ) ss. . :GlliJTT OF GARFIELD. ) I, Ian W. Bell, Clerk of the District Court in and for tilt County of Garfield and State of Colora,o, do hereby certify that the above and foregoing is a true, full and .;orrect Dopy of the original Rule, Order, Judgment and Decree 2.ntered in consolidated causes No. 4930 and 4990, as the a•ime appears in the files of the records of this Court. WITNESS my hand and the seal of said Court at Glenwood i.rings, Colorado, this ..V.1!, day of , A. D. 1959. /) Clerk of the District Court • . . • 1:1;ni:•..,- tL.r 1.1r..1.2 (la). of ?5=-6.....„, the, yfi.Lat,'.. at' our, • • s.1 •. kill J. *4.,,t4-vrbetweeft.i.--AUGUWAAMIXAT=1. 0,11.e.?!; 013111:15,TC; t.hC CoUaltyc tl,t.* State of c tne. zuucl tc prol?nrty 1.511: ELl'atITX.",;14z County of Gerfi.t.,.14,1 att C oi the ota.coll4 r,aid; partieE of tte part for .,and consider.fatioh of 1.7.1-r.e. tura One Thollur awe otits,r valuable conaid-, ere-tic:4} t the-. ;slaid paztity.F.c tb fart ka i4 W the., •rns.....S1Zr.r.ir.1 part., tate' aipt witereoi: f,feeand ar..16 ;,atku.c.rele61.•)116. havt, grarst47.:Z, bas.5a1tt".41, r•goit5 ar40 riamveyrche',.. .. . . . . . . .• , . ". , ., •:..."-T:. aud:ivr., r.b.o.i:Evr;,0g*are-a41.:.a al'..: grit 7, ils roa..i.h.,.... sell, 0-1-'1.riveY euii'. =r4f3L.;"^"* .. , . . :-: ..... . . . . . ,. . :";.uuto the,44a.:46,,party ef the sitecand pert hit' heirrs. MI& tgEgt9:11A i431.- ... . , . . . .. ,. . . . - , ..,, ever4,-sZl,.of:the:follveing. dentribedlot cr. parosa Of land, situate, iyinv,aneh:eing'..;ir,....the County of Garfield and State:of Colorado, ,A13. ScOt.-.1.a.r..t4enty-four (24) ,' encepticv,Alowever, a treat of land contrartin opp=ximat..ely four and 4-.1tig,11,ty-bi."O hundreatha (4.i.S2).; acrve the Nortb Ralf ktrf the Northeast Quas.4'..ar (1/1/2NE1/4? amid tecty-..toltr (24) more particularly desibed ar etusex?e.h.c.inq e one thousaa.d three hathte bitty ttVztt Vest inf Southeart (St') ,00rner oZSatt,t-ot 'thirteen''413) wrolreLeht4i.,11. L5 South, Nemtr-two (92) Rest of the Sixth (et:i); ZrinciPta ::'neridian; thence South the l'ulTu5re4 (30(0 feet; '..thende'.',•te*t_k.ittef*O. husuiihed. (700) feet: tirants .14Orth three iilleAred (300.;10:4 .,-140tAt7e Tuttet seven hunared, (700) feet: to 'tile Via,r*di begii-aiiiiiit:::±1441r-' .at Quarter of 'the llortheast Quart.ei- (10:3140E1/() 1weef,'.23.i," the Northwest Quarter c the Northeast ttt,144.,,tter (NW1.1/4=11 4 'and the• Nortti; Ralf.' 'of tile Northwest Qvmurte.,.-7 (N1//4) fi,Aro.t2,,S)..4: and the Nertheant Quarter of the Northeast Secti.on trosentr'.sin (24); sal in Township five ,(5) aouta-1,. 2a2.0.1enir tut t'92) Szest..,o1 the Si.rth fft h) Principal; Meridian, aud • ....T:n.tt south nalf. the Norhweet (ltarter .(1/2L/4y and the North Mat • tle.; South:weal.: Lothar -ter 041/22W1/4) and trie Soutb, Half of th!'", fiatt-r--, • " • :itil.eil:t.';,'Far•-•--te7.- th17./-2,f4E.3./4 of Section *footmen (19); the Ner*-...hwest Duert ": .:the ;Northwest Querte.s- (NW1/2F1,,,s1/4rcsSecti.vm twenty-aine f‘2..f.” •i4i-cgrtalo.act (u,korPor:. ;of the Morthtast.;.0t114.ttea.0 Se.o.44-s. •••:, „. . 3f ,totooahip, f.ive Rancfe, minety-one: (91) Atkti ft) • ''Co taiifing eley.en hundred and tiftriive• anti aeUenty-seven .undxedths 0.0 5.17) 17) aortea;o .: more or .less. • *ibje er to r.eserxations , 'earinqssie itistrebnen to : Stoic 25 set c 6 142 ,ani••. LBW 2�.3`',;at .?�tgs .+435 v►f ttb4. 74e aor ..d bo':oifiae ,P9, i r CXR r dAr.at:_psrfis1d-�Gq t i, 4o*da:.00.ot certain °• g e : '4i -t$4 •+reserver* ITyAyr3;71,t4;; ToGEtprziaii1'th". & l 2ynd:, •a HT1 11 a . t1 a fat lid�e ale' ;' and appnrt�aniains • •.i Y ».... .H: a "i'' f"ork'.r : M•t Y, af, ya i .Ji +' •M•J,;v'_r a. 1 ,:E �' ..a;. ?, Y.,r«n.. • r �nt•G' ,...q:.;,,,..y •-•;r re bt on ing, orT lL !li'sj�'tdisa ;.ap rta'i ib9 aiui tua raverzi rnic is,, .znmjinderand z a;iid rd , rei1ta , `•itsrsund r ; f4..atsc, alani' d atu y� t e sA2d artier * kahl1 Eir t i 1rt :+47f ftr int ' .o (i of y 4:444 to ;.'thyre- testa and a u �'au Yi ' *OLD Gi►+r ��� d ,p� smiles tibov� bar+ – ' r• Wat1z the .a purtcnericee tzntc ti I < ErDR^CDGE, ;. ► r sol fd E a pro tty' ?EL ELD32Zt? a� 2raaate , .; �ais3 .,pasty Yw spas ,. s ixa 'anti assigns ; foreiterr m . `rsai d` A S'rA 4 AOL .Z ?iind IUIFa2 'Y:.. PACs% 96776 +sa a: a` , for ith�sstr�a �►`.+rs, _thefr } eirA', eExe utors s i3iciaC�ir-' tens, dta •grant, , par9ain end. gree 1: o a�t3 vr3.ih,'tha . O b. sec r rt k a •-2i•ei s aid asssigzasi, that .at tine tis -o leaa�nxt iand d 1i` r ry of Balser preeeata they .ars 'well .s izod 0 s sbovi x a*eyeid , as .o e good, 'stun+, psrf ct, J.0 ► rt.uth1 .tatate Qf` i'+9h—itrincs in laM., in baa ;s." ley LL 4,7061' right . and 'l�►xfu2' niithority .to granter baa�g , aiFt . 40$•eeeid, ;$:.that Fey the ill manner tree $nd clear tram all former taxes y sasesSRxien s a1 d lalcua ran on of ciR r : er9t.i;> e4 a... siii< T. �a, t :all ..61:14 evr+t .c, or •perezaiawfuly; claiming; � �- +G1 as t:htt *hblti ox a; y ,art therret, this. said _pa�rkiea o, S '__:... ,4h411 w&•1t'; •W AiN . A 2t O VE1� .BP by ,: I '.WITNESS UP`s, The iivx:r.40. tit ,Chi i' rbt rp; �4ave hasri unto• Seo thqii handR and s; a1* tt.itday;•and ya�rac , as q . J'r. •' , 'Staled ti.$ ProltrAtted:�.? r*sIS, fly inTIS3'A.: P. 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