HomeMy WebLinkAbout1.0 Applicationi,$,, ,.i d t'" J -E -.'
.ARF'ELD couNTy NOV t Il 2003
Building&PlanningDepartment r., .,i
108 8ut Street, Suite 201 r"ii,,{1 ', i,'' ,. '1,;ri,1,.,,
Glenwood Springs, Colorado 81601
Telephone: 970.945 .8212 Facsimile: 970.384'3470
www. qarfi eld-counfu . com
Exemption from the Definition of Subdivision
GENERAL TNFORMATION
(To be comPleted bY trle aPPlicant.)
) Street Address / General Location of Property:1985 County Road 293,
Rif1e, Colorado 81650
) Legal Description of Parent Property:1985 CountY Road 293, Ri.f le, CO 816s0
(See deed attached in aPPlication)
F Size of Property (in acres) as of January 1, 1973:59.93 acres I
P Cunent Size of Property to be Subdivided (in acres):59.93 acres !
)> Number of Tracts / Lots Created lnctuding remainder of Parent Property:4
>, proposed size of Tracts / Lots to be created tnctuding remainder of Parent Property:
o Lot #: 4 containing 11.60 acres
o Lot #: 2 containing 6 '63 acres
o Lot #: 3 containing 8 'o acres
o Lot #: I containing 33'70 acres
o Lot #: containing acres
) PropertY's Zone District:
D Name of Prooertv Owner (Aoolicant):KENNETII L. LATIIAM and IIARILYN K. IATHAM
D Address: 1985 Cor:ntv Road 293 Telephone: (.97O) 625'2346
) City: Rlfle State: co Zip Code: 815s0 FAX:
Name of owne/s Representative. if anv (Planner. Attomev):
D.St & LeMo .ne P. C.
) Address:120 West Third Street Telephone (970) 625-I887
) City: Rifle State: co Zip Code: 815s0 FAX:
STAFF USE ONLY
Date Submitted TC DAIE:
625-4448
Llc UBM E UI ENT
applicant req uesting an ExemPtion from the Definition from Subdivision ("Exemption")
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"=2OO' 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 righf5f-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.
S. Names and addresses of owners of record of land immediately adjoining and within 200 feet of
the proposeO e*irption, 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.
g. provide a letter of approval of fire protection plan from the appropriate fire district in which the
subject ProPertY is located.
10. lf connection to a community or municipal water or sewer system is proposed' submit a Ietter
from the goveming body stating a willingness to serve the property.
ll.ltshall be demonstrated thatthe parcel existed as described on January 1, 1973 orthe parcel
as it exists presenly 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. statf will request additional copies once the Exemption
application has been deemed technically complete'
t.
As a minimum, an
shall specificallY
)
il.EXEM PTION APPLI CAB LITY
pursuant to section g: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 deJeat the stated purpose of
the Subdivision Regulations nor be detrimental to the genera! public welfare. The Board has
determined that leises, easements and other similar interests in Garfield County owned
p.p"rty, 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 parcet, "s1nif
parcel *". o"s"iibed in the records of the Garfield County Clerk and
Recorder's Office on January 1, 1973. ln 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 tobe divided by exemption.that is
split by a public right-of-way iSt"t" or Feieral highway, County road or .railroad),
preventing joint use of tne propoied tracts, and the division occurs along the public right-
of-way, such parcels theieby created ffi.y, 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 othlrwise 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 ang 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 leqal and
phvsica! qualitv. quantitv an4 dependabilitv, and a suitable type of sewage disposal to
Seryeeacnprplyshallbeanapprovedsubstitutewater
supply plan contract; augmentation plJn; an approved well permit; legalty 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. i'roof of the physical sug-ply from a well for.the
public meeting, may be documentation from the Oiviiion of Water Resources that
demonstrates that there are wells within a ln 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
foilowing:
1) That a four (4) hour pump test be performed on the well to be used'
Z) 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;
4) A written opinion of the person conducting the well test that this well should be
adequatetosupplywatertothenumberofproposedlots;
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) lf the well is to be shared, a legal, well sharing agreement w.hich discusses all
easements and costs associai-ed 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 nitrites. 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 fi re 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'
t. 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.
t!r.PR EDURAL EOUIREM NTS
of Subdivision aP
)
plication(The following steps outline how the Exemption from the Definition
review process works in Garfield County.
1. Submit 2 copies of this completed application fgrm (pages 1.-6) including all submittal
requirements and the base fee to the'Garfield Couniy Planning D.epartmelt' lt will. be
received "no
giu"; 1o " staff planner who will reriew the ipplication for technical
completen"r, riithin 15 working days. The Planning Department may request an extension
of time from the Board of County CommissionJt. for such review not to exceed an
additional fifteen (15) working days.
Z. Once the application is deemed technically complete, the Staff Planner will send you a
letter indicating the application is complete in addiiion 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 Bbard of county commissioners. Prior tJthe public hearing, staff will
provide you with a Staff Memorand'um regarding your requested Exemption application' (lf
4
Staff determines you application to be deficient, a letter will be sent to you indicating that
additional informaiion is heeded to deem your application complete')
4. lt is solely the Applicant's responsibility to ensure proper noticing occurs regarding the
petition for an Exemption for the public
-hearing. tf proper notice has not occurred, the
public hearing wilt 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 propoted Exemption from the Definition of Subdivision and
nature of the hearing, and the date, time and place for the .hearing shall be 9iv9n
once in a newspaper-of general circulation in that portion of the County in which the
subject prop"rty is locatid at least thirty (30) but not more than sixty (60) days prior
to the date of such hearing, and proof'oi 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 own6rs 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 150; Out not m.ore 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'
rne poJting ,,i=t take piace 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 tnat it remains posted untii 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 prop"tty- ln addition, the Applicant shall provide proof at the
hearing that proper notice rr'ras provided'
6. At or within fifteen (15) days of the meeting, the Board shall approve, conditionally approve
or deny the exemption request. The re".o-n. for denial, or any conditions of approval, shall
be set forth in the minutes of the meeting or in a written Reiolution. 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 amniing tf,e action taken by the Board with a list of
conditions, if any, to be completed by the applicant'
g. A plat of an approved or conditio-nally approved exemption shall.be presented to the Board
for signatur" *iitrin 120 days of "pi.d"al. The plat shall include a legal description of the
exempted property, and Exemption Certificate, ihe County Surveyor's Certificate and a
statement, if fJ; i+) rot=, p"r""i., or interest have been "t"it"d on ihe parcel, thaf "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,, ,ign"iurl- Th; 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.
g. The Appticant shall be required to submit a paper .oO, oi 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. inis is to ensure timely Staff review of the materials submitted as well as
proper scheduling the plat to be signed by the board.
1o.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
iegal description of the exempted property, and Exemption Certificate, the County
Srlrveyor's Certificate and a statement, if four (4) Iots, 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 aiter 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.
I have read the statements above and have provided the required attached information
which is correct and accurate to the best of my knowledge.
t7 o
Date(Signature applicanUowner)
Last Revised: I 1 11 5l2OO2
6
GARFIELD COUNTY BUILDING AND PLANMNG DEPARTMENT
FEE SCIIEDT]LE
Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established
a fee stnrcture ("Base Fee") for the processing of each type of subdivision and land use applications.
The Base Fee is an estimate of the avetage number of hours of staff time devoted to an application, multiplied
by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use
application processing time will var,v and that an applicant should pay for the total cost of the review which may
require adCitional billing. Hor:rly rates based on the horxly salary, and fringe benefits costs of the respective
positions combined with an hourly overhead cost for the office will be used to establish the actual cost of
County stafftime devoted to the review of a particular project.
Actual staff time spent will be charged against the Base Fee. After the Base Fee has bean expended, the
applicant will be billed based on actual staff hours accrued. Any billing shall be paid in fuU prior to final
consideration of any land use permig zoning amendment or subdivision plan. If an applicant has previously
failed to pay application fees as required, no new or additional applications willbe accepted for processing r:ntil
the outstanding fees are paid.
Checks, including the appropriate Base Fee set forth beiow, must be submitted with each land use application,
and made payable to the Garfield Countv Treasurer. Applications will not be accepted without the required
application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is
submitted prior the idtial review of the application materials.
Applications must include an Agreement for Payment Form ("Agreement") set forth below. The Agreement
establishes the applicant as being responsible for payment of all costs associated with processing the application.
The Agreement must be signed by the parg responsible for palnnent and submitted with the application in order
for it to be accepted.
The complete fee schedule for subdivision and land use applications is attached.
GARFIED COUITITY BIJILDING AND PLAI'INrNG DEPARTMENT
BASE FEES
The following Base Fees shall be received by the County at the time of submittal of any procedural application
to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or
cost of consulting service determined necessary by the Board for the consideration of any application or
additional Counfy staff time or expense not covered by the Base Fee, which have not otherwise been paid by the
applicant to the County prior to fioal action upon the application tendered to the County.
TYPE OF PROCEDURE BASE FEE
Sketch Plan
PreliminaryPlan
Final Plat
Amended Plat
Exemption from the Definidqn of Subdivision (SB-35)
Land Use Pennits (Special Use/Condttional Use Permits). Administrative/no public hearing. Board Public Hearing only. Planning Commission and Board review & hearing
Zontng Amendments. Zote District map amendment
. Zore District text amendment
Zone District map & text amendmentr PUD Zone District & Text Amendment. PUD Zone District Text A:nendment
Board of Adjustment. Variance. Interpretation
Planning Staff Horxly Rate
r planning Director. Sedor Plannerr planniag Technician
r Secretary
s325
$675 + application agency review fees
and outside consultant review fees, as
authorized pursuant to the Regulations,
such as the Colorado Geologic Survey
s200
s100
$300
s2s0
s400
ss25
$4s0
$300
$s00
ss00
$500
s2s0
$2s0
$s0.s0
$40.50
s33.7s
$30
Cor:nty Sr:rveyor Review Fee (tncludes reviq,v of Amended Determined by Sr:weyor$
Plats, Final Plats, Exemption Plats)
$11 - l"page
$10 each additional Page
Mylar Recording Fee
Page 2
The following guidelines shall be used for the administration of the fee structure set forth above:
1. AII applications shall be submitted with a signed Agreement for Payment form set forth below.
2. County staffshall keep accurate record of actual time required for the processing of each land use
application, zoning amendment, or subdivision application. Any additional billing will occur commensurate
with the additional costs incurred by the County as a result of having to take more time that that covered by
the base fee.
3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or
subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming
action on the application
4. Final Plats, Amended or Corrected Plats, Exernption Plats or Permits will not be recorded or issued until all
fees have been paid.
5. In the event that the Board determines that special expertise is needed to assist thern in the review of a land
use permit, zoring amendrnent or subdivision application, such costs will be borne by the applicant and
paid prior to the final consideration of the application. All additional costs shall be paid prior to the
execution of the written resolution confirrring action on the application.
6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above.
7. Tlpes of "Procedures" not listed in the above chart will be charged at an hor:rly rate based on the pertinent
planning staffrate listed above.
8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as
required.
9. This fee stnrcture shall be revised annually as part of the Countybudget hearing process.
Page 3
GARFIELD COI,NTY BTIILDING A}[D PLANMNG DEPARTMENT
AGREEMENT FOR PAT'VTENT FORiVI
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COIlltITf) and KENNETH L. LATHAM and MARILYN L. LATHAM
(hereinafter APPLICANT) agree as follows:
1. APPLICAIIT has submitted to COIINTY an application for Latham Exemption
_(hereinafter, THE PROJECT)
2. APPLICAIIT understands and agrces that Garfield County Resolution No. 98-09, as amended,
establishes a fee schedule for each rype of subdivision or land use review applications, and the guidelines for the
administration of the fee stnrctr:re.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing the
application. APPLICAITIT agrees to make payrnent of the Base Fee, established for the PROJECT, and to
thereafter permit additional costs to be bilted to APPLICANT. APPLICANT agrees to make additional
payments upon notification by the COUNTY when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of
conzulting service determined necessary by the Board of County Commissioners for the consideration of an
application or additional COUNTY stafftime or expense not covered by the Base Fee. If acnral recorded costs
exceed the initial Base Fee, APPLICAIIT shall pay additional billings to COUNTY to reimbtrse the COUNTY
for the processing of the PROJECT mentioned above. APPLICAIIT acknowledges that aU bifling shall be paid
prior to the final consideration by the COIJNTY of any land use permi! zoning amendmen! or subdivision plan.
APPLICAI{T
ar72-
S
Date:t r /t7 /o;
,/1// Ari f vn H, tatLan
Print Name
ls-4Address:
bso
Page 4
PETITION FOR EXEMPTION
Kenneth L. Latham
and
Marilyn K. Latham
*t,fi]fl'.*I-1 1/'ILF)
PETITION FOR EXEMPTION
NOv 1 2 2003
BEFORE THE BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
(#rill ii: , ..,'
fifl,JliJ;i.ri-i,,, r.*,'.,,.1;
pursuant to C.R.S. (1973) $30-28-101(10)(a)-(d), as arnended, and the Subdivision
Regulations of Garfield County, Colorado, adopted April 23, I 984, as amended February 19 , 1997 ,
$SOO, KENNETH L. LATHAM and MARILYN K. LATHAM petition the Board of County
tjommissioners of Garfield County, Colorado to exempt by Resolution, the division of an
approximately 59.93 acre tract of land into four (4) tracts of land, one of which will be approximately
t].60 acres, another of which will be approximately 6.63 acres, a third of which will be 8.0 acres
(the "exempted parcels") and the final of which will be approximately 33.70 acres, more or less, (the
;remaining parcel") from the definitions of "Subdivision" and "Subdivided Land," as the terms are
used and defined in C.R.S. (tg73) 930-28-101(10)(a)-(d), and the Garfield County Subdivision
Regulations for the reasons stated below'
1. The approximately 59.93 acre,more or less, tract which is the subject of this Petition
is owned by the Petiti,oners, Kenneth L. Latham and Marilyn K. Latham (See copy of deed submitted
herewith as Exhibit A).
2. The purpose of this exemption request is to allow residential sale and use of the lots
shown on the exemption plat.
3. (A) The residential improvements on proposed Lots 1, 3, and 4 shall be supplied with
domestic well water from a commonly owned and operated well. (See attached Exhibit B, Well
Permit 252232;Exhibit C, Pump Test Letter from Samuelson Pump Co.; Exhibit D, analytical
Report; and Exhibit E, draft Well-sharing Agreement).
(B) The residential improvements on proposed Lot 2 shall be supplied with domestic
well water. (See attached Exhibit F, Well Permit 5gggl; and Exhibit G, West Divide Letter and
C ontract #03 07 }4KML(a)).
(C) Petitioners further anticipate conveying .1 cfs from the Rifle Creek Canyon
Ditch with each of proposed Lots 2, 3, and 4, andretaining .5 cfs from the Rifle Creek Canyon Ditch
for proposed Lot 1 for irrigation purposes'
4. Any improvements to be erected in the future on the parcels shall be served by
individual septic systems.
5. Access to the property to be divided is over existing recorded easements directly from
Garfield County Road 293, (copies of the related recorded documents are attached hereto as
Exhibit H) and over aproposed 25 foot access easement along the westerly portion of the proposed
lots.
i\G
I
I
I
I
I
T
T
T
T
I
T
I
T
T
T
T
T
T
I
T
TI
T
I
t
6. Copies of the deeds in the Petitioners'chain of title before and after January 1,1973
are submitted herewith as Exhibit I, demonstrating that the Petitioners' approximately 59.93 acre
tract, as it exists presently, was a unified tract as of January 7, 1973.
7. In further support of this Petition, the following are submitted herewith:
a. Proposedexemptionplat,includingvicinitymap,andmapoflot I Housesite
topography. (Exhibit J).
b. Schedule ofnames and addresses of owners ofrecord of lands within 200 feet
of the proposed exemption, and mineral owners of record for the exempted parcels. (Exhibit K).
Soil types and characteristics from USDA Soil and conservation Service.
(Exhibit L)
Copy of letter to Rifle Fire Protection District. (Exhibit M).
Proposed Declaration of Protective Covenants. (Exhibit N).
Proposed Declaration of Roadway / Easement and Maintenance obligations.
(Exhibit O).
Letter from Garfield County Road and Bridge. (Exhibit P)
Three Hundred Dollar ($300.00) application fee.
8. School impact fees as provided by regulation will be paid upon approval of final
exemption plat.
WHEREFORE, the undersigned request that the Garfield County Board of Commissioners
approve the subdivision exemption.
<F(
SIGNED this -., day of ,rUow^003
Daniel D. LeMoine - #28719
Attomey for the Applicants
STUVER & LgMOINE, P.C.
120 West Third Street
P.O. Box 907
Rifle, Colorado 81650
(970) 62s-1887
c.
d
e,
f.
ob
h
2
STUVER & LBMONE, P.C. are our attorneys in this matter and are authorized to represent us in
the processing of this application.
t/- f-
KENNETH L. LATHAM Date YN K. LATHAM D
3
I
I
T
t
I
t
I
T
T
I
I
I
T
T
2 77 ii...49d i/llie44
ra-. _....__lleonJed rt 860rik?.
Tuts DEEI . n.a.tli. 20th drlof JulY
and sller PHILLIP UARD
te7l ,t+rren--4URllS J. BUILER and JE\E BtlTLEt' busband
end ARI'ADA a' THURSToN'
End rf,vELDA t{AI HARDI husband aad vffc'Ft,fD TUURSTOX
and Ylf.' EESSIE H E
husband dnd Ylfc' JAY COSE. JR. aod ELlLl llAE COSE' bugband
BUTLEB' r gldot'JULZ!
firll llusnlll m
ollh. CountYol Garflel{
Cotoddqof th. ftil P"q rn'
rnl St t.d 4%
{ENNETB L' LATHAIi tgd HARILIIi X' LAfBAt--
,2 5 E ,E I t ox z2 t .,{llE soni garg
Couht,ol Ga r r lel d rad Srr:.rt C oto"raq
ot I. Rl tl.
\r r1]a ESr t:T11.f'S. td rnd .l rt al
ahrt rhr id Drd e trflhG f:F:
RA T o:s -ot B ER GOOD ASD T A LU ADL E co.'45 I D EtENDOLLARSAND
d rh.Fi.th.rrtcil rh.pl l.
o{ahr ltri Fn in hrn d ?.'.i t.t rlr rrit g.ni6
,,rdnl.dotorhcrriJFonleetretca-brry.i6€d.rold rnd HI rtd t'rib.r.
he B.d,hrN€ttG t l*i,,(ir eil uiitna (orat'et,
rnd confirm hlo th.rrid Pr.l r?i ab.o(l.nd,riturb,xrrnl.rlL JI ilr tolloElna d.*nt a ld ,Jfcl
in l,ut in joint lchrn.r.S!.:t dCdotrdo.to iit:
Coudt Ga r f t Idl!iry !nd L.n,iD tl-
The :rlt,\a'-.rnd the sh+r.$ft o sectlo! ll. TerabtP 6 South' ntnS! 93ltctt-of'th€
,i!ii."]i-i.i'.r+- ;: "l ::::,:$"::'il::#:H:'il.";i'.";r3'l'it""Lffi:';';:::";; il";;;'' coE-6rh P E\CEPT thoBe par t 3
lio 5084,rccorded 1n Book
I 75666 rGcordcd 1o Boot 2 t7
talrllng 5L.7 ac r€@ra or le45.!lnerala lo
greniorar lEterest lE aod .B'ard r11
TOCETHEB $lth one-hl t of
OE aEd under sa Id ProPcrty srd ippurt ena!t
tch and dl tcb rig,hcs and vaEef ani satcr ttht I trI tedTOGEII{ER sl tb all d lot rhere!-lch locludlng but not
and usca thc reon 6nd lu coEacE Enl arSCrnt ot the RI fl3Eherct0secoodofEAterofrheS€cond ludedtg30HlncrIlnclre6PefRif1cCrerk;It 1c to stlqh 15 not lqc
CreeL Canoo DT tch takl o8 sace ro!
Iu thG satrantlet ht reln and fa-
aod rt ghts of bzy oscd b,Gtan tort
TOGEffER rh anv add .r,egsemtrta salil rotErtr.
1a C,O or b elonglng to o sed sl tb PnB
ToGETIiEB sltb atl lEProveDcnt'
blr-hr!F.ni. .tJ tIFtd?nrn"' t t+lr{Irtrr..l to rn,.i...tft'
X,]:t llLtl rtr h rll rrt'l iinaulil rht rna .U rh.
t.rn,na, t.'l t,,' ttr"'r'r rt'J t"\'trarrrltr .nd l*crrtt'Jr'r' rnl
I -l tt. {'r'r t,.d, rtrh,r rn l'r or '{urlt'
..r.,., .."t.,. t,t U . '
trvt'r ' 'l'rnr rnJ hn.t .I.t-+(rr.'I lu. 'r J r''d 13
ol. !.: rrilt !-tf I rl '.r' lg'!trh'J lr"rnrP ''- il h I h. L.t r'til tdt'rnt ^'rl 'ft{' n'n'Rd
r-r.-. Irslr. l"r '' I
EXHIBIT
49
r
L
t 0
3 to
I
, .1 1..
IIIIIT rIIIT
It
I
t
.t
,.&
I
I
1
I
i
I
I{ ..
I
T.
,i
.q'n,
$:
'&.
:'-i.,,-t
:*;,
,it;
i:trilrit
:;:1 - .
i,,
i ',j. ,
;i
Xr -----
xratrltsiltrr
3
It
8,
Ea
3!
T
aIIatitI
?ir!t
I
IIiIIt
Ittt
tI
7
I
I,I
iI-:
TL
f
taIIrI,
EI
It
n
g
at
IIt
i
a
1t
t
1
Tit
ta'r'I
E
It
,lr
It
t
,.*t.
?*ui
,i
F}
rl
!lErrt
iE
TB
IIlI
rE
*,
IP
E
1..ri
at
Lt
raI
tI
tI
,.,r
tL
t
'd
t
.LriIt
T
IE
rIi
It
taI,
?
II
I
If
I
5
..'o!
art!
F
!o
lI
F.lt
f
F
tTAtEOTC(}lOtrD0
o - -----fonrrl9AF..flEUD
iliF*-
',-ts]',
fa,,
lI
II
EII
I
]rDt
Tt
I
!t.t!t
I!t
I
slIj
r
I hcrb, rstiay lhrl thh inrlnll!{.l tr alH
.li}'Ll'-T$ii-r'"BIt5=
t ll -"'tt*t --tr --ll..DlarlriGr{ralr,*..*.--- ltt.-#
:t
oF
&t$oi
Htn5l,
t
tt
TtI
Ia,aI
1tt
tI
t
I
t*t {'7t
1tC)
a t
I
a
!.Iat
i
1
1.,.,L
I
I
dt
H sr1
Form No.
GWS-25
APPLICANT
OFFICE OF THE ST ENGINEER
COLORADO DIVISION
818 Centennial Bldg., 1313 Sherman St.,
OF
(303) 86S3s81
Lot 1 Filing: Subdiv: LATHAM EXEMPTION
URCES
APPROVED WELL LOCATION
GARFIELD COUNTYNW 114 NW 114 Section 11
Township 6 S Range 93 W Sixth P.M.
D]STANCES FROM SECTION LINES
347 Ft. from North Section Line
182 Ft. from West Section Line
UTM COORDINATES
Northing:Easting:
KENNETH LATHAM
1985 COUNTY ROAD 293
R|FLE, CO 81650-
(97O) 625-2346
LL
LL PERMIT NUMBER
lv. 5 wD39 DES. BASIN
252?32
MD
1)
2)
3)
4l
s)
6)
7)
8)
This well shall be used in such a way as to
does not assure the applicant that no injury will
water right ftom seeking relief in a civil court
The construction of this well shall be in
of a variance has been granted by the State I
Contractors in accordance with Rule 18.
Approved pursuant to CRS 37-92-602(3XbXl
of the NW 114 of the NW 1/4, Sec. 11, Twp. 6 r
the attached exhibit A.
Approved for the use of an existing springArvell
maintained in accordance with variance no.
Pump lnstallation Contractors on July 21,
The use of ground water ftom this well is
firee (3) single family dwellings, the inigation
of domestic animals.
The maximum pumping rate of this well shall
The retum flow from the use of this well must
non-evaporcltive type where the water is
This well shall be located not more than 200
NOTE: Canceled permit no. 95997, was
NOTE: Parcel ldentffication Number (PlN):
NOTE: AssessorTaxScheduleNumber:
ISSUANCE OF THI PERMIT DOES NOT CONFER A WATER RIGHT
no material injury to existing water rights. The issuance of this permit
occur to another vested water right or preclude another owner of a vested
with the Water Well Construction Rules 2 CCR 402-2, unless approval
of Examiners of Water Well Construction and Pump lnstallation
as the only well on a tract of land of 53.33 acres described as that portion
, Rng. 93 West, 6th P.M., Garfield County, more particularly described on
without a valid permit. The well shall be constructed and
117A, granted by the Board of Examiners of Water Well Constuction and
This well is identffied as the Latham Spring Well.
to fire protection, ordinary household purposes inside not more than
not more than one (1) acre of home gardens and lawns, and the waterirB
exceed 15 GPM.
through an individual waste water disposal system of the
to the same stream system in which the well is located.
from the location specified on this permit.
EXHIBIT B
10432 (totaling 59.93 acres)
77-11240-078
issued on this parcel.,* x- ?-'
a O/a z/zag
IA
State Engineer
DATE
APPROVED
DMW
]RATION DATE
^
June 6, 2003
Kenny Latham
1985 County Road 293
Nfle, CO 81650
ATTN: Kenny
From March 1,2003 through
County Road 293 has been
constantly between 6 GPM and
If you have any questions
Sincerelylpfl*
Raun E Samuelson
Samuelson Pump Co
1,2003, a spring on the Latham Property at 1985
daily. The production of the spring has been
12 GPM.
call me, Raun Samuelson at970-945-6309
EXHIBIT C
I
T
J
GflANI
435 NoRTH AVENUE 0 pHoNE: (97O)
i..t.i.rri rr,:,,i; it 1...;,r'l.ii,,:t,iReceived from:
Customer No.
[ ,,ijl.r ,..:,.J ::: i tri..rr.j
ii: ;: ., ,,." i..i.r i:; i j.,f ri-i
t':.f i-i r";ill;i
'. -jil;
Date Received
(i,-i i.. .rii l'.L-.: ,. I
F'l,Ji:i.i. l.i,|l' r
i...L.lL.u I t. \i ;i
:1 _..,!- _I J.--t (. (r.' ;
i:i!'it;i. . i1.ii:.i t-i " l:
, .,.-,.i- ..rt-.i.!lli.ia\.r i,
i'1-.. I 1 .... rL...L.rl ,. t-.,t. . i I "J ;
in / ll h:'r:(r.,llt-;;
i' - ... t - 1l.li.'il r', (.:'.i (J
i..i .j; .' ,.' ;.1 r' i'1 .::.
i ii f:i I ', .:.li ., .':; l-i i -r *r i l
i. iii-li::i
i:..riiriiirli i:it 1,..;ii1; I r,iirii
1,..i.,:i rrrcr i:.i r 1.,..,.iri:. l'r
I I r.l iil ,1,
i..i-r ir.ii' .i rix[.rriri
I !l..llti:f
l,Ji.l i"l:,li;: !-,.r-t.i'i.;rifi i:ii'i; i ;ir.i 1...i;i:,;,r1: j. r:..,r
i'J(ri ,t .,'.ii. r,i i :.ir.st.: i:. ,i i.-it : .i. I , i'r::i+i"i::li i.
iii."irr i:i t-.ri ,i i....r.,trrti i:'.,' ,, i,..r:;.i t.ii. ,,ri:.it.-r , ,ri.,
(:i i: ;ri+"-1i::1. "i q:tr i. ll. i;rj'i(j i ir.:t:,1 i:r:,it 1.. ij:,,i
'l cii:;r.[ Ii:i r;:.ri:i'.,r.:,t:i i::ir;.1, :i i.i ,,-..
;
'I t..r'i,,:r.[ i..,i'1. ;i.i i.ri. rir i..,.,,,i i rr,i..i ;.rl
t,l r l.i 'ir'{.r,.-, ii.i,t
ii i. i. i ;i [. i.ii.,.'i'i i l. i i i: i : l'.i
l.J{ t i 1:',:,1; i:ii-:iiri., ! ,,,.,:;,i. !,ii',t i.r, fir.r.i. i ,:li;.t,,.,
l'leit, lii:rrj i'-1,:iitri.rji i(..jli;: i.:{i tt:r -rri,i..r:, ji .r.;:ir-iil
i:lt itli.ri.,i ,,,1r'.i..1 ii,." tli-,r:.:,:,,,:;.:: l::,i..i i,i:,i:l,r.rr.l !:. ir.,rt
i,rla:i; i. ",.i .1.,, riiit.i r .i. ,- r,r I ,i i i r. ir rtriii..,. r.,.irai.
N C. KEPHART & CO.
UNITION LAIOflATOflItS
76lA 0 Fax: (97O) 243-7235 0 Gnaro JuNcrtoN, coLoRADo atsot
-ANALYTICAL REPORT -
i^.r, r'i:'. r,'r
No.,le
',t
Date Reported
',r,
i::, l! I
I l::i1.it' :r iii.i :i ::,. .i r.ii:..,.t i. r+r::i i. t ! '[:. lrr,i I.ii,l .i..,',! (.r.i. Li.r(.!r
c!:r ;:ir.ir-t[:ll * li:.l ,itii..l t:: i,;i..]; t.Jr::rrt , r.ri: i-)iir, rl:.i-ii i.:,,i,4. ,
;.( liiri.tlt ..':,+ j ii::rr,r'i, i:::i.lr..('t.Ir i.:,i: i:iri.,. I,lr:.:r l.ir j r iri.i
i'" i.tii: l:.irri 1-'.1,',,,-ri .l. iiir: i.il i:',i,ii. r..i ii:. i i.
I lr.j r., lr Jr i
'I i,',r 1.. i,'
'i ., .ri L : ::: l- tr,: r-J
I ., .
'..l._ t. llt .l t. I (..rr
i j'i"ri:i .l i r:: i.ir-rr:, r::i .i. .i t,r.,,.
.l ,:i:'!l i.i riii.1.i -l
I i'rrl 'illi.,rlil.
i-l ., .1,. l irr.i .,' l.
r'_'i:.Li:.i l. li:,r,.i . 1
i,l i';.:' rl ,'.tii
l-1.:r.i. I .r 'r i_rl._l
l-,,':i.'r Ir').rrr
r., :i, i.: j ir-, .; ,,,,i,, i:i
'i t.i''i ,._.-t :'', -'.i J.: ,r.i 1..r, !
1 r-.t..i)j:.
.1.i. ; i . ! ). r,
,-i jrrt ,.,.1r
iirttiri.. ].it,, t..i
I r:r
r": " ...) i- )rtrr.-t, .i
rtii I ' 't|',.1 I li
l'r.,:t1..,l,].l,]tIll,)t,:j1|i.ri-il.ijj'|tl.rl.'.,
i^i-! iir:.rl lrr.'ri,..t , it,.'irtltrtl.-i,.i.l ii,.:i:,1., r.ri. ;'..:,t'.:.1.i't,i
i:. i ir.,' i i;i..,'rir.r. il..;l.i i:rt r,,r | ,.,'i:::i t,, ,., i ir,i,.1 i ,-,,. .,1 ;i..i
i. i. i':..,. i .,-rii i.i i i r: .i.ii t. i:ii i .r),, i :.rt.ii.,i
EXHIBIT D
t
T
T
T
T
I
T
I
T
I
I
I
I
T
I
T
t
I
I
WA
THIS AGREEMENT is
2003, by and between KENNE
1985 County Road 293, Rifle, C
Lot l, Lot2, Lot 3, and Lot 4
WHEREAS, each of the
are to be the joint owners of a
Well PermitNo. 252232: and shall
installed and of the water to be
permiued uses on said Lot l, Lot 3
WHEREAS, Lot 2 is to be
Water Resources Well Permit No.
WHEREAS, the well and
by said owners of Lot 1, Lot 3, and
WHEREAS, the water well
completion and will require
by the owners and users thereof;
WHEREAS, the well
constant, use and operation of the
WHEREAS, said owners as
of clarifring respective rights and
operating the water well serving
owners of Lot 1, Lot 3, and Lot 4,
derived from operation of the
operation and maintenance ofthe
l, Lot 3, and Lot4.
NOW THEREFORE, iN
set forth herein, and the due
receipt and sufficiency ofwhich is
of the benefits and detriments deri
1. Each of the
own an undivided one-third (1/3)
PROPOSED
WELL COMMUNITY
G AND MAINTENANCE
AGREEMENT
into on the date set forth below to be effective
L. LATHAM and MARILYN K. LATHAM whose address is
81650, owners in fee of those real properties described as
Subdivision Exemption, Garfi eld County, Colorado.
and their successors in interest as to Lot l, Lot 3, and Lot 4
well constructed under Colorado Division of Water Resources
joint owners of the water well and casing as constructed and
by said well system for providing domestic water for all
and Lot 4; and
by its own well constructed under Colorado Division of
l, (West Divide Contract #030724KML(a));
and pump serving Lot 1, Lot 3, and Lot 4 shall be utilized
Lot 4 as a lawful water right; and
system serving Lot 1, Lot 3, and Lot 4 required drilling and
maintenance and operation, the costs of which must be borne
for Lot l, Lot 3, and Lot 4 contemplates perpetual, though not
, pump and the appurtenant structures; and
es hereto desire to enter into this agreement for the purpose
and establishing easements and procedures for jointly
l, Lot 3, and Lot 4 and delivering water to the properties of the
and for providing a method for equitably dividing the water
and for equitably allocating the shared payment of costs of
well and its pump and other structures by the owners of Lot
of the mutual obligations, promises, and covenants
thereof, and for other good and valuable consideration, the
acknowledged, including but not limited to the acceptance
herefrom, the above-named parties agree as follows:
ve owners of Lot l, Lot 3 and Lot 4 shall be deemed to
of the subject well permit No.252232, well, pump, fittings
EEXHIBIT
T
I
t
T
I
I
I
I
I
I
T
T
I
I
T
I
I
I
at the well head, meters (whether
valves, and any pipes or pipelines
2. The owner
constructed under Colorado
Contract #03 07 }4KML(a)) subj ect
with West Divide Water
3. No owners
pipe, pipeline or other structure
may utilize any portion of the
does not intend to relate to such
agreement shall be construedto
nor to obligate any party to pay
4. The owners
times in all matters necessary to
use of the water system in such
supply on demand at all times
agree to not waste water and to
water. At this time it is agreed that
the date hereof, any party requires
meters at the individual expense of
breach of this agreement for which
damages or for injunctive relief, or
otherwise agreed by each owner
more than one-third (1/3) of the
available from the well is less than
Lot 4 shall proportionately reduce
available. In no event shall the
Any household use of the well
system of the non-evaporative type,
5 KENNETH
for the initial cost of constructing
the pump, pump house, water
pipe lines. (Excepting the
Following the initial construction,
construction, extension,
components of this water system to
deliver water to the parties shall be
agreement shall relate only to
operation of the well shall be shared
now or to be installed at a later time), pumphouse, foot
any other structures which are jointly used.
Lot 2 shall be deemed to own the well and related structures
of Water Resources Well Permit No. 59991, (West Divide
any limitations set forth in a plan of augmentation lcontract
District.
the Lots are deemed to have any ownership right in and to any
or required solely by the owner of another of the Lots which
flowing from this water well and its structures. This agreement
owned or used rights or structures. Nothing in this
any party any rights to such non-shared property ofother parties
costs associated with non-shared structures.
Lot 1, Lot 3 and Lot 4 shall cooperate with each other at all
the proper construction, completion and functioning and
as to provide to their respective uses an optimum water
based upon the natural availability of water. The owners
to use no more than their respective shares of the available
individual water meters must be installed. If at any time after
that meters be installed, then each of the parties shall install
party. Waste or over-use shall be deemed to be a material
non-defaulting parties may seek remedy at law or equity for
Use from the well shall be as limited by the permit. Unless
Lot 1, Lot 3 and Lot 4, no owner of one of said Lots shall use
legally allocated to the well. In the event the water physically
legally available amount, then each owner of Lot 1, Lot 3 and
consumption of same to one-third (1/3) the amount actually
be pumped at arate exceeding fifteen (15) gallons per minute
must provide for return flow through an individual disposal
the water to the watershed in which the well is located.
LATHAM and MARILYN K. LATHAM shall be responsible
well system serving Lot l, Lot 3 and Lot4,including the well,
tank of at least 1,700 gallons capacity, and any jointly used
storage tanks on Lots l, 3 and 4 as identified below).
the actual and continuing costs of operation, maintenance,
cleaning, repairing and all other work required on shared
cause the water at the well to become and remain available to
by the parties in proportion to their share in the well. This
incurred after the date hereof. Electrical charges for the
ually by the owners of Lot l, Lot 3 and Lot 4. No operational
such pafi actually makes a physical connection to the well
2
costs will be charged to any party
t
I
!
t
t
t
I
I
I
I
t
T
I
I
I
T
T
t
T
and begins using water from
associated with constructing and
the pump, pump house and any
for West Divide Water
6. The owners
holding tank of at least 1,000
7. Subjectto
water from the system serving Lot
necessary repairs, maintenance,
deliver the subject water, shall not
chooses to resume use of water
other users the full cost of said
the expenditure date.
8. The owners
maintenance, operation, repair,
the owners are unable to agree on
any owner shall be entitled to
improvement necessary and
an owner determines to undertake
in writing. The owner undertaking
awritten statement of work
In the event an owner fails to pay
after presentment, the owner
remedy available at law or in equi
prevailing party Court costs and
9. KENNETH
dedicate permanent, non-excl
Domestic Water Easement" and
Aocess Easement" on the final
suffrcient for this Agreement to be
the shared well, pump and
non-exclusive easement for non
Lots over and across said
10. Each party
party of its interest in any water
users from any loss or damage or
I l. The term
The owner of Lot 2 shall be solely responsible for all costs
the well system serving Lot 2 only, including the well,
or related structures which serve Lot 2 only and charges
District augmentation water.
Lot 1, Lot 3 and Lot 4 shall install, at their sole expense, a
on their respective lots for incorporation into the system.
provisions in paragraph 4 above, any party who has been using
, Lot 3, and Lot 4 and at any time elects not to share in costs,
and the like necessary to maintain the water well and
ve water from the system. At such time as said electing party
the system said party may do so upon reimbursement to the
share of such expenditures with legal interest retroactive to
of Lot 1, Lot 3 and Lot 4 agree to cooperate in the future
or improvement of all common facilities. In the event
required maintenance, repair, replacement or improvement,
the minimal maintenance, repair, replacement or
for proper functioning of the common facilities. In the event
work unilaterally, such owner shall notiff the other owners
work shall, upon completion, provide the other owners with
and the other owners'proportionate share of the cost of same.
proportionate share of any amount due within thirty (30) days
has paid such cost and expense shall be entitled to pursue any
for a breach. The Court, in its discretion, may award to the
fees incurred
LATHAM and MARILYN K. LATHAM hereby grant and
easements across that portion of said Lot 1, designated as " 10'
those portions of said Lots l, 3 and 4, designated as "25'
of the Latham Subdivision Exemption, as necessary and
for the benefit of the respective owners, as users of
pipeline and treatment system and structures, and also grants a
or individual pipelines conveying water to the respective
to not interfere atany time with the proper use by any other
and shall indemnif, and hold harmless all other parties and
ury caused by the acts of said indemniffing party
shall be perpetual.
3
12. This
and their assignees or successors,
be deemed to run with the land
shall be binding upon and inure to the benefit of the parties,
the easements and covenants granted or agreed to herein shall
shall encumber the land of each party for the benefit of the
herein.properties of the parties as
13. The laws o
construction of this Agreement.
the State of Colorado shall govern the validity, effect and
14. This contains the entire agreement among the parties and may not
be modified in any manner except an instrument in writing signed by the owners of each of Lot.
IN WITNESS , the parties have signed this agreement on the dates
following their respective
KENNETH L. LATHAM Date MARILYN K. LATHAM Date
STATE OF COLORADO )
) ss.
)
was acknowledged before me on this day of
COUNTY OF GARFIELD
The foregoing
2003, by L. LATHAM and MARILYN K. LATHAM
Witness my hand and seal
My commission expires:
Notary Public
4
t
I
I
I
I
I
T
t
I
T
I
T
I
I
I
T
I
I
I
PERMTT NUMBER 59991 -E__-_
5 WD 39 DES. BASIN MD
This well shall be used in such a way as to cause no
applicant that no injury will occur to another vested
court action.
The construction of this well shall be in compliance
been granted by the State Board of Examiners of
Approved pursuant to CRS 37-90-137(2) for the
altemate point of diversion to he Avalanche Canal
WaEr @nsenancy Dlsticts substitute rrebr supply
betrrcen the urcll ownerand the West Divide Water
or under an approved plan for augmentation.
permit no. 95997, must be plugged and abandoned
Reportform must be submitted withln sixty (60) days
Approved for a cfiange in use, amendment of legal
issuance of this permit hereby cancels permit no.
Apprcvsd as a rell on a residential sib de.63
as 1SO @unty Road 298, Rlfre, @ 61650.
wdl lylll be ertalled unless the urater afiofnent
The maximum pumping rate of this well shall not
The average annual amount of ground water to be
The owner shall mark he well in a conspicuous place
appropriate. The omer shall take necessary means
This well shall be constructed not more than 2fi) feet
A totalizing flow meter must be installed on this rrvell
maintained by the well owner (recorded at least
NOTE: Parcel ldentification Number (PlN):2$21
NOTE: AssessorTax Schedule Numben
ISSUANCE OF
7)
8)
e)
1)
2)
3)
IISGThe of fromuabr bllndbdwBllthisground
thanmom 71
ti
ahftetof ofsquarB,(x)0 (0.3e acrB)
4)
5)
6)
10)
11)
PERMIT DOES NOT CONFER A WATER RIGHT
injury to existing water rights. The issuance of this permit does not assure the
right or predude another orvner of a vested water right ftom seeking relief in a ciMl
the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has
Well Construction and Pump lnstallation Confactors in accordance with Rule 18.
of a well, appropriating ground water tributary to the Colorado River, as an
Siphon, on the condition that the well shall be operated only wtten Ute West DMde
approved by the StaG Engineer, is ln effect, and when a uabr allotnent conbact
DisUict fur the rclease of replacement wabr fiom Ruedi Resenoir is in efiect,
confact #030724KML(a). Upon completion of the new well, the old eldsting urell,
accordance with Rule 16 of the Water Well Construction Rules. A Well Abandonment
and replacement of an existing well permit no. 95997 (canceled). The
described as lot 2, Latham Subdivision E:<enrption, Garfield County. Furlher identified
househdd purposes insldE one (1) singb famaly dwelling, the irigBtlon of not
gardens and lawns, and the w?brtrp d tive (5) head domesSc animals. All use of this
or a plan for augmenbtion is in effect This yvell ls knovwr as Latham Well.
shall not exceed 1.541 acre-feet (502,135 gallons).
ntell permit number(s), name of the aquifer, and court case number(s) as
maintained in good working order. Permanent records of all diversions must be
and submitted to the Division Engineer upon request.
EXHIBIT r
abandonment of the old well.
15 GPM.
precautions to preserve these markings.
the location specified on his permil
-'t12-0G078
(btaling 59.93 aoes)l9 *t 7'-
e 6 /474oa:t
State Engineer
DATE I
APPROVED
DMW /L>? z-. z,-/-,:eJ
7-2004-2003
By
EXPIRATION
Form No.
GWS.25
OFFIC E o F TH E
GOLORADO DIVISION
818 Centennial Bldg., 1313 Sherman St.,
(303) 86e3s81
t orr,-,"o*,
Lot 2
KENNETH L & MARILYN K ISTHAM
1985 COUNW ROAD 293
R|FLE, CO 81650-
(e70) 625-2346
ENGINEER
o F rE R R ESO U RC ES
80203
Filing: Subdiv: IATHAM EXEMPTION
APPROVED WELL LOCATION
GARFIELD COUNTYNW 114 NW 114 Section 11
Township 6 S Range 93 W Sixth P.M.
DISTANCES FROM SECTION LINES
890 Ft. from North Section Line
870 Ft. from West Section Line
UTM COORDINATES
Northing: Easting:
WEST D WATER CONSERVANCY DISTRICT
109 WEST RTH STREET P.O.BOX1478
, coLoRADO 81650-1478
IONE AND Ftu\: (970) 625-5461
wdwcd@earthlink.net
July 24,2003
Kenneth L. and Marilyn K. Latham
1985 County Road 293
Rifle, CO 81650
Dear Kenneth and Marilyn:
Enclosed is yor.u approved contact 030724KIrtL(a). Please read the contact carefully if you have
not already done so, but please note paragraph 2 concerning availability of water.
West Divide obtains its storage from a number of sources including Ruedi Reservoir and
Green Mountain Reservoir which Bureau of Reclamation projects. Federal policy relating to
endangered species, among other environmental concerns, provides that supplies from these
reservoirs may be intemrptible , the forces of nature are always such that no source of
water can be guaranteed from year year. West Divide continues to make good-faith efforts to
obtain altemative long-term in an effort to make reliable and predictable the water supply
anticipated by yotrr contract with
This water allotrnent contract may you to obtain a well permit from the State Engineer's
office. Once your well is drilled are required to install a measuring device and submit a meter
reading to West Divide. Youwill
that your well has been drilled.
provided with a special form for this purpose upon notification
Non-compliance with measuring reporting requirements are grounds for cancellation of your
water allotuent contract with West This could result in action by the State Engineer which
could prevent your further use of well.
Sincerely yours,
)1'1c.-&ds-)L
anet Maddock
Enclosure
cc Division No. 5 Water ilenclosure
Kerr), D. Sundeen,ilenclostue
EXHIBIT
Samuel B. Potter, President
LaVeme Starbuck,
Couey, Vice President Robert J. Zanella, Secretary
G
Bruce E. Wampler, Director
luro^t*,oryxrt
tH,'+'$fr,rB;
[:h11n:
TO LEASE wATER FRO M
wATER CO N SER vAN DISTRICT
Contract #0307ZqfML( a )
Map #475
Date Approved 7 /24/03
APPLICANT INFORMATION
address:
5. LOCATION OF STRUCTURE
Garfield NW NW
County
u 6S
Quarter/quarter Quarter
6,h
WATER COURT CASE # None
USE OF WATER
RESIDENTIAL (check applicable boxes)
Ordinary household use Number of d'*,ellings
l{ell Sharing Agreement or Homeowners Association
tr Subdivision: No. constructed units No. vacant
I
C
ln:x:: Well
Section Township Range Principal Meridian
890'from North line- 870'Weqt line
Distance of well from section lines
Elevation: 5.400feet +
Well location address: 1985 CR 293, Rifle CO 8165Q
(Auach additional pages for multiple structures)
6. LAND ON WHICH WATER WILL BE USED
(Legal description may be provided as an attachment.)
(See attached)
Number of acres in tract:6+
Inclusion into the Districl, at Applicant's expense, may be
required.
7. TYPE OF'SEWAGE SYSTEM
a Septic tank/absorption leach field ECentral system lOther
District
8. VOLUME OF LEASED WATER NEEDED IN ACRE
FEET: 1.0 (minimum of I acre foot)
Provide engineering data lo support volume of water requested.
Commercial, municipal and industriul users must provide
diversion and consumptive data on a monthly basis.
A totalizingflow meter with remote readout h required to be
installed ond usage rcported to llest Divide, upon rcquest.
Applicant expressly acknowledges it has hod the opportunity to
review tlre District's form *ltater Allotment Contract and agrees
this application is made pursuont and subiect to the terms und
c o n d it io ns contsined th erein.
Applicant Sigirature
agent
4l Home garden/lawn irrigation ofr1.000 sq. ft.
lrethod oiirrigation: tr flood tr sprintier tr drip trG Norr-"o.*e"rcial animal waterini of 5 animals
tr COMMERCIAL (check applicable boxes)
Total sq.ft.of commercial
INDUSTRIAL
Description of use:
Maximum water surface to be exposed:
and
of
MUNICIPAL
ofuse:
4. SOURCE OF WATER
of
ofany
B Ground
Location _x 4'L
t
I
Signature
Name:
(if
Application Date:2oo3(//
Diverslon
per Unlt
ln House
C.U. per
lnigatlon
Diveraion lrrigation
ln House
Dlverelon ln House
lnlgation l-lvestock
lnlgatlon Dlveralon &
Total
Dlversion TotalC,U.
Contract
Amount
0.029
0.020
0.029
0.028
0.029
0.028
0.029
0.029
0.028
0.029
0.028
0.004
0,004
0.004
0.004
0.004
0.004
0.004
0.004
0.004
0.004
0.004
0.144
0.423
0.s89
0.619
0.503
0.355
0.111
0.115
0.338
0.471
0.495
0.402
0.284
0.089
0.03
0.03
0.03
0.03
0.03
0.03
0.03
0.03
0.03
0,03
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.06
0.16
0,23
0,24
0.20
0.14
0.04
0.00
0.00
0.00
0.00
0.04
0.13
0.18
0.19
0.16
0.11
0.03
0.00
0.00
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.035
0,032
0.035
0.093
0.209
0.276
0.289
0.241
0.180
0.08'l
0.034
0.009
0.010
0,054
0.141
0.193
0.203
0.166
0.120
0.044
0.009
0,010
0.009
0,010
0.057
0.14E
0,203
0.213
0.175
0.126
0,046
0.010
0
WEST DIVIDE WATER CONSERVANCY DISTRICT
WATER USE ESTIMATES
APPLICANT: Kenneth L. and ilarllyn K. Latham
DWELL]NG UNITS: I
IRRIGATED AREA (SO FT): 17000
NO. OF LIVESTOCK: 5
ELEVATION (MSL): E{00
Contrac-tAmountw/ 5% translt Loee =0.97 ecre fuet
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
ocr
NOV
2.1940.050 2,0,05 0.86 1.541 1,017TOTAL
(1)
(2)
(3)
(4)
(5)
(6)
300 gellons per day per resldenca
15% consumptlvs use for ISDS systems
80% lrlgatlon eficlency for sprlnkler systems
Blaney Crlddle assessment wlth Pochop adJustments
Column (1)'number of dwelllng unlts
Column (2)'number of dnalllng unlts
(7)
(8)
(e)
(10)
(1 1)
(12)
Column (3)'lnlgaled erea ln aqos
Column (O'lnlgated area ln acreg
Llvestock use at 11 gallons per head per dey (99CW32O)
column (5) + column (7) + column (9) plue 5% lranstt loss
Column (6) + Column (8) + Column (0)
Column (11) plus 5% translt loss
Weter Use Esilmates
I I I II I I T I IT I I IT IT I T IT
7t16t2W3
IIT
of Lot 2 whence the No rth west 1 6
stomped ond n plo_ce
1
lnc h coD
20'[
o lumrln u m
lhence S 09 w 994.E0 feet;7T
then N 35 E 1 58.8 feel;a
1ce$1 9
then N 52'E 1 6 .12 feet;
1
1 Ice3'02
thence N oE'55 's 6"w 47 99 t est;
thence S 71 02 I 2 E 1 5-ss feel:t
I 1
a ,,lhence s 21,'zg E 21.69 feet;
thence S 55"E 9 9 o I'eet;1{32
lhence S 74'33'35" E 360-2O feet;
I
1
,6.63 ocres more or less.
PROPOSED LOT 2
Beginning
Comer of
qt the Southesst
Sectlon 1 1 ,belng
90.88
o
beors S oo'02 37"w 1
thence N 1 9'og'57-E 5,8.22
lhenco N 1 6"1 7'03"E E3.27
99.98
119-52
85.29
50-28
30.74
thence N EE'1 5 ?:5"E
thence N 86-I 5'57 ;l E
thence N 79'37'35' E
thence S 75'19'28" E
thence S 25-33'45" E
thence S oo.O2'57" w 107.35
to the point of beginning
<i
o\
f
E
..N
i
i
'rt
I
I \
I
'r
L,,
-)
I
loto
(f)
'a
rl
i..---..J
J
t-(
.+
/i -\
Current January 2003
WEST DIVID
WA
Name of Applicant:
Quantity of Water in Acre Feet:
Applicant, hereby applies to the
organized pursuant to and existing by virtue ofC
contract to beneficially and perpetually use water or
Contract and the attached Application, Applicant
Water Riehts: Applicant
water, which will be supplemented and augmented by
by Applicant that no right to divert exists until a
2. Quantitv: Water applied
of diversion from the District's direct flow water
State Engineer during periods when said direct flow
quantity in acre feet per year of storage water owned
storage or otherwise, to the Applicant by the
availability of water from Districfs sources. Any
complies with all of the terms and conditions of this
be in the name of the Colorado River Water
be dependent on the consent ofthe Colorado River
than the amount herein provided, Applicant may so
reduced permanently in accordance with such notice.
3.
for the following benefi cial
Reservoir and except to the
use or uses: industrial,
extent that Ruedi
No.2-07-70-WO547 between the United States and
allotted shall be within or through facilities or upon
4. Decrees and Deliverv:
Reservoir, Alsbury Reservoir, or other works or
the Applicant at the outlet works of said storage
water at such outlet or points shall constitute
Contract #O3O7 24RUf,( a )
Map #475
Date Approved 7/24/03
WATER CONSERVANCY DISTRICT
ALLOTMENT CONTRACT
Divide Water Conservancy District, a political subdivision of the State of Colorado,
1973, 537-45-101, et seq., (hereinafter referred to as the "District") for an allotment
rights owned, leased, or hereafter acquired by the District. By execution of this
agrees to the following terms and conditions
I own water rights at the point of diversion herein lawfully entitling Applicantto divert
leased herein. If Applicant intends to divert through a well, it must be understood
well permit is obtained from the Colorado Division of Water Resources.
by the Applicant in the amount set forth above shall be diverted at Applicant's point
and when water is unavailable for diversion pursuant to administration by the Colorado
right is not in priority, the District shall release for the use of Applicant up to said
controlled by the District. It is understood that any quantity allotted from direct flow,
will be limited by the priority of the District's decrees and by the physical and legal
allotted will only be provided so long as water is available and the Applicant fully
The District and the Applicant recognize that some of the District's decrees may
District, and the ability of the District to allot direct flow right to the Applicant may
Conservation District. If at any time the Applicant determines it requires less water
the District in writing, and the amount of water allotted under this Contract shall be
Rates shall be adjusted accordingly in following water years only
Any and all water allotted Applicant by the District shall be used
ipal, domestic and related uses, or commercial (except for commercial use from Alsbury
water may not be available for commercial as that term is defined on Page 5 of Contract
West Divide Water Conservancy District). Applicant's beneficial use of any and allwater
owned, leased, operated, or under Applicant's control.
releases made by the District out ofstorage from Ruedi Reservoir, Green Mountain
of the District, or from other sources available to the District, shall be delivered to
or at the decreed point ofdiversion for said other sources, and release or delivery of
ofthe District's total obligation. Delivery ofwater by the District from Ruedi Reservoir
1
t.
or Green Mountain Reservoir shall be subject to the
facilities available to District shall be subjectto the
hereby expressly reserves the right to store water and
in the future, so long as the water service to the A
Applicant's allocation not delivered to or used by
District. Such reversion shall not entitle Applicant
Water service provided by the D
diversion ofthe District's applicable water right, and
amount at new or alternate points of diversion. The
losses between the original point and any alternate
Water service provided by the
provided pursuant to Agreements with said Districts.
District, dated January 25,2001, is recorded as
Memorandum of Understanding between the D
Reception No. 584840, Garfield County Cterk and
5
water rights or storage water may be required in
is the exclusive responsibility of Applicant. The
judicial approval of said alternate point of
acknowledges and agrees that it shall be solely
rights contemplated herein, and further agrees to
for providing works and facilities necessary to o
intended beneficial use. Irrespective ofthe amount
annual payments to the District based upon the
In the eventthe Applicant intends to
Iegal proceedings for the approval ofsuch
Applicant shall give the Dishict written notice of
to utilize the water allotted hereunder, Applicant shall
shall have the right to approve or disapprove the App
and of all pleadings and other papers filed with the
6. Contract Pavment:
Directors of the District from time to time, shall be
Annual payment forthe water
annual payment shall be made in full, within thirty (30)
lease contracts with the United states Bureau of Reclamation. Releases from other
laws, rules, and regulations governing releases therefrom. Furthermore, the District
make exchange releases from structures that may be built or controlled by the District
pursuant to this agreement, is not impaired by said action. Any quantity of the
by the end ofeach water year (october l), shall revert to the water supplies ofthe
any refund of payment made for such water,
shall be limited to the amount of water available in priority at the original point of
the District, nor those entitled to utilize the District's decrees, may call on any greater
shall request the colorado Division of water Resources to estimate any conveyance
and such estimate shall be deducted from this amount in each cdse.
for properties located within the Bluestone and Silt water Conservancy Districts is
Intergovernmental Agreement between the District and the silt water conservancy
No. 575691, Garfield county clerk and Recorder's office. The Intergovernmental
and the Bluestone water conservancy District, dated April 26, 2001, is recorded as
's Ofhce.
Decrees for alternate points of diversion of the District's
for Applicant to use the water service contemplated hereunder. Obtaining such decree
reseryes the right to review and approve any conditions which may be attached to
as contemplated or necessary to serve Applicant's facilities or lands. Applicant
for the procedures and legal engineering costs necessary.for any changes in water
the District from any costs or losses related thereto. Applicant is solely responsible
the waters at said alternate point of diversion and deliver them to Applicant's
actually transferred to the Applicant's point of diversion, the Applicant shall make
of water allotted under this Contract.
for an alternate point of diversion and to develop an augmentation plan and institute
plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the
intent. In the event the Applicant develops and adjudicates its own augmentation plan
be obligated to pay any amount under Paragraph 19 below. In any event, the District
's augmentation plan and the Applicant shall provide the District copies of such plan
court in the adjudication thereof.
one time administrative charge, in the amount determined by the Board of
with the application for consideration by the District.
described herein shall be determined bythe Board ofDirectors ofthe District. The initial
after the date of notice to the Applicant that the initial payment is due. Said notice
2
I
I
I
T
I
I
I
I
I
I
I
I
I
I
I
T
I
I
I
will advise the Applicant, among other things, ofthe
to that year.
Annual payments for each year th
payment is not made by the due date a flat $50 late fee
receipt requested, to the Applicant at such address as
Water use for any part of a water year shall require
District from adjusting the annual rate in its sole di
If payment is not made within
have no further right, title or interest under this
water, as herein made, may be transferred, Ieased, or
Upon cancellation ofthis water
offices in Denver and Glenwood Springs. The Div
7
allotment of water rights hereunder, including, but not
water rights and adjudication necessary to allow A
Assiqnment: This
the prior written consent of the District's Board of
must comply with, such requirements as the District
Contract obligations by assignees and successors.
to the District for individual and separate allotment
filing of proper forms for assignment and change of
In the event the water allotted
be subdivided or held in separate ownership, the
owners all of whom shall be party to a well sharing
and sanitation district or other special district
parties, association or special district establishes to the
obligations under this Contract. In no event shall the
Conhact have any rights hereunder, except as such
or special district as provided above.
Upon the sale of the real property
proper forms for assignment and change of ownership
9. Other Rules: Applicant
and regulations of the Board of Directors of the
delivery year to which the initial payment shall apply and the price which is applicable
shall be due and payable by the Applicant on or before each January I . Ifan annual
I be assessed. Final written notice prior to cancellation will be sent certified mail, return
be designated by the Applicant in writing or set forth in this contract or Application
for the entire water year. Nothing herein shall be construed so as to prevent the
for future years only
(15) days after the date of said written notice, Applicant shall at Districfs sole option
without further notice, and delivery may be immediately curtailed. The allotment of
disposed of at the discretion of the Board of Directors of the District.
contract with the District, the District shall notify the Division of water Resources
of Water Resources may then order cessation of all water use
Applicant agrees to defray any expenses incurred by the District in connection with the
to, reimbursement of legal and engineering costs incurred in connection with any
use of such allotted water rights.
shall not inure to the benefit ofthe heirs, successors or assigns of Applicant, without
Any assignment of Applicant's rights under this contract shall be subject to, and
hereafter adopt regarding assignment of contract rights and the assumption of
herein shall prevent successors to a portion ofApplicant's property fiom applying
No assignment shall be recognized by the District except upon completion and
to this contract is to be used for the benefit of land which is now or will subsequently
may only assign the Applicant's rights hereunder to: l) No more than three separate
satisfactory to the District; or 2) A homeowners association, water district, water
organized and existing under the laws of the state of colorado, and then, only if such
of the District that it has the ability and authority to perform the Applicant,s
of a portion, but less than all, of the Applicant,s property to be served under this
may exist pursuant to a well sharing agreement or through a homeowners association
which this contract pertains, Applicant shall make buyer aware of this contract and
be completed.
be bound by the provisions of the water conservancy Act of colorado; by the rules
and all amendments thereof and supplements thereto and by all other applicable law,
3
8
I
I
T
I
I
I
T
I
t
t
I
T
T
I
I
T
t
I
I
10.
with the District under terms and conditions
determines in its sole discretion that such an
additional annual monetary consideration for
costs; or for other costs to the District which may
in use ofthe water allotted hereunder. Any use other
without the prior written approval of the District
documents submitted to the District at the time this
Any use other than as set forth thereon or any lease
shall be deemed to be a material breach of this agree
fee title interest in or to any water or water rights
rights herein, and hereby agrees to be bound by any
water or water rights.
the formula of one acre foot per dwelling) for ordinary
fire protection, and the irrigation of lawn and garden
Applicant shall also comply with
Division of Water Resources.
Applicant obtains approval from the Colorado
shall actual diversions exceed the amount of water
Applicant's valid well permit before District is
l7
by the District's Engineer after consultation, or a
all water diverted pursuant to the terms of Applicant,s
Applicant shall enter into an "Operation and Maintenance Agreement"
by the board of Directors of the District, if and when, the Board of said District
is required. Said agreement may contain, but shall not be limited to, provisions for
ofDistrict delivery services and for additional administration, operation, and maintenance
through services made available to the Applicant.
11. ChaneeofUse: The reserves the exclusive right to review, reapprove or disapprove any proposed change
that set forth herein or any lease or sale ofthe water or water rights allotted hereunder
be deemed to be a material breach of this Contract.
12. Use and Place of Use:pplicant agrees to use the water in the manner and on the properrry described in the
is executed, or in any operation and maintenance agreement provided by Applicant.
sale of the water or water rights herein, other than as permitted in paragraph g above,
13. Title: It is understood and that nothing herein shall be interpreted to give the Applicant any equitable or legal
to herein.
14. Conservation: Applicant use commonly accepted conservation practices with respect to the water and water
plan adopted hereafter by the District for use of District owned or controlled
15. Restrictions;Applicant restrict actual diversions to not exceed the contract amount, which provides water (on
purposes inside one single family dwelling, the watering ofdomestic livestock,
specified in the Application.
restrictions and limitations set forth in the well permit obtained from the Colorado
Watering of livestock shall be to Applicant's domestic animals not to be used for commercial purposes unless
of water Resources for commercial use/livestock watering, provided that in no event
by this Conhact.
Violation of this paragraph l5 shall be deemed to be a material breach of this Contact.
16. Well Permit: If intends to divert through a well, then Applicant must provide to District a copy of
to deliver any water hereunder.
Applicant agrees to provide, at its own expense, a measuring device deemed acceptable
flow meter with remote readout to continuously and accurately measure at all times
right and the terms of this Contract. Applicant agrees to provide accurate readings
4
from such device or meter to District upon Districfs
in legal action to terminate Applicant's diversion of
Applicant hereby specifically allows District,
for the purposes of determining Applicant's actual
18. Representations: By
advice that Applicant may believe has been received
and engineering advice from Applicant's own
guarantees, warranties, or assurances whatsoever
be unable to provide the water contracted for herein,
the District.
t9 Wr
Applicant's Contract herein in a water court filing for
to the District, when assessed, an additional fee
proceedings. Applicant shall be assessed a pro-rata
water court case. The pro-rata share shall be
extent that the District is caused additional costs
such additional costs may be charged specifically to
20. Bindine Aqreement:
the form entitled "Application to Lease Water From
the District's engineer. Said attachments shall by
from the District to Applicant referring to or relating
conditions of this agreement.
21. Wamine: ITISTHE
OR OTHER WATER RIGHT IN ORDER TO
IT IS THE CONTINUING DUTY OF THE
INCLUDING FILING FOR EXTENSIONS OF
BENEFICIAL USE, OR OTHERWISE LAWFULLY
WASTE.
'ta
THIS CONTRACT IS LOCATED OUTSIDE'
THE AUGMENTATION WATER PROVIDED BY
WATER RIGHT FROM A CALL ON THE
OTHER SENIOR RIGHT. NO REPRESENTA
APPLICANT, THIS CONTRACT MAY BE
APPLICANT WITHIN THE NEXT 30 DAYS
Applicant acknowledges that failure to comply with this paragraph could result
by the State of Colorado Division of Water Resources. By signing this Contract,
its authorized agent, to enter upon Applicant's property during ordinary business hours
of water.
this Contract, Applicant agrees that it is not relying on any Iegal or engineering
the District. Applicant further acknowledges that it has obtained all necessary legal
other than the District. Applicant further acknowledges that the District makes no
the quantity or quality of water available pursuant to this Contract. Should the District
damages may be assessed against the District, nor may Applicant obtain a refund from
Should the District, in its own discretion, choose to include
point of diversion or plan of augmentation, then Applicant hereby agrees to pay
the District's actual and reasonable costs and fees for Applicant's share of the
of the total cost incurred by the District in preparing, filing and pursuing to decree the
by dividing such total cost by the number of contractees included in the filing. To the
of objection filed specifically due to the inclusion of Applicant's Contract in the filing,
and not shared on a pro-rata basis by all contractees.
agreement shall not be complete nor binding upon the District unless attached hereto is
'est Divide Water Conservancy District" fully completed by Applicant and approved by
reference thereto be incorporated into the terms ofthis agreement. All correspondence
this agreement is by this reference incorporated into this agreement as further terms and
RESPONSIBILITY OF THE APPLICANT TO OBTAINA VALID WELLPERMIT
WATER,INCLUDING THE WATER ACQUIRED LINDER THIS CONTRACT
TO MAINTAINTHEVALIDITY OF THE WELLPERMIT OR WATERzuGHT
, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF
YING THE WATER TO BENEFICIAL USE ON A REGULARBASIS WITHOUT
IF APPLICANT'S WELL OR OTHER WATER RIGHT THAT IS THE SUBJECT OF
A' AS DESIGNATED BY THE DISTRICT, THEN THIS PARAGRAPH APPLIES:
DISTRICT UNDERTHIS CONTRACT MAY ONLY PROTECT APPLICANT"S
RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY
OTHERWISE IS MADE BY THE DISTRICT. IF THIS IS A CONCERN TO
UPON WRITTEN NOTICE DELIVERED TO THE DISTRICT BY THE
WING THE AFFIXING OF SIGNATURES ON THIS CONTRACT IN WHICH
CONTRACT SHALL BE IMMEDIATELY REFUNDED TO APPLICANT
5
EVENT ALL SUMS PAID BY APPLICANT FOR
I
I
T
T
T
I
T
T
T
T
I
T
Applicant
STATE OF Colorado
SS
COL]NTY OF Ga rfield )
The foregoing i
zoo3 ,by Ken rh L.tham
Witness my hand and
5TATEoF Colorado )
) ss.
)COUNTYOF Garfield
The foregoing
zo!1_,uv Marilyn K. Latham
Witness my hand and
After a hearing by the B
hereby ORDERED that said Application be granted
T
T
T
!
T
I
T
This Contract includes and is subject to the terms and
l. Map showing
2. Application and Data
Applicant
was acknowledged before me on t4
-y.
day of Ju 1y
seal. My on exptres 06/8/20
Pu
was acknowledged before on rhis 14 day o1 July
seal. My 6/2 /z o4
ORDER
of Directors of the West Divide Water Conservancy District on
this Contract shall be and is accepted by the District.
WEST DIVIDE WATER CONSERVANCY DISTRICT
President
z
Date
of the following documents which must accompany this Contract:
of point of diversion (use map provided)
fully completed and signed
By
6
:l
rl
rl
rl
rl
I
I
$
,J
C
i)
I ffiilt l]fl il]t ][ilfl]rilil lllilil ilililt ,14567094oE/ot /2000 1 I ne B t 199 II'RLSDORFIof2Rtoot}D oo GRRF I ELD c0o
EASEMENT DEED
Kenneth L. Latham and rilyn K Lathem,Sellers,address 985 County Roadwhoseis
1
I293, City or Town of Rifle,Garfield,Colorado,for the consideration of theofStateofmufual exchange of easements the parties,the receipt and sufficiency herebyofwhichisacknowledged, hercby sell(s)quitclaims Arvelda M.w'trd,whose addrcss is I 983 Countyto
Road 293, apermanent easement and across the following described prop€rty Countyrealtheof Garfield, State of Colorado,wit:m
byDeed to Kenneth L.and Marilyn K.Latham,dated July 20,I 977 and filedfor record July 21, 1977 Book 496 at Page 64 the Office of the Clerk andln
Recorder; Garfield State of Colorado;stip contiguous thesaidbeing
A strip of land sinraE in
Range93 Westofthe6e
the following described
Beginning at a point in the
l/4 Corner of Section I I
centerline of said existing
l) s 20'14,21" w,252.69
2) 201.25 feet along the
7"41'14", a radius of 1500
feet;
3) S 37.55'35" W, 136.01
4) 128.84 feet along the
14"45'50", a radius of500.
feet,
northwest one quarter Section Township Souttr,of 6
Meridian;being a portion lands conveyedofthose
feet on either side of,parallel perpendicular toand
onwest side line with those conveyed Warranty Aryelda tobyDeedfromWardArveldaM. Ward and E. Ward dated Noveurb er29,1976 and,filed for rocordon January 18, 1977 in 492 at Page 626 in the Office of the Clerk andRecorder; Garfield State f Colorado;being twenty-(2s )moandfivefeetwidth, twelve and 2.s)(
ofan existinggravel roadway from which the West
S l4"ll'01" W, l135.60 feet; thence along the
roadway the following four (4) courses:
of a curve to the right having an included angle of
feet, the chord ofwhich bears S24"04'5g,W,201.10
of a curve to the left having an included angle of
feet, the chord of which bears S20"32'42W,12g.4g
44
lD
to the West line of said S I l, being the Point of Terminus, from which saidWest l/4 Corner of Section bears South,43 9 .83 feet;WI th the southwesterly sideIine ofsaid strip terminating said West line ofSection I I and the southeasterly
W,est line of Section
I
I I
\B\. \-:J
A-rt.-L H
side line continuing S 13.w,5 3 45 feet to said
.I"i^;..ExHlBlT
II
:l
rl
rl
rl
rl
I
i
lr
lr
Ir
lr
lr
l,
T
ar []il l]il 1ilil il[illllt lllil*m%oE/Ot/2@o I I 27e B1 1992of2RloooDoa0GRRFIELD
This permanent easement is
its purpose is to recognize an
(Mailing address of grantee(s): I
with all its appurtenances.
Signed luty {zooo.
STATE OF COLORADO
COUNTY OF GARFIELD
The foregoing instnrment
Latham and Marilyn K. Latham.
WITNESS MY }IAND
My commission expir *, 1O I t5 f
Source
"$r,J"
c.R.s.
a
a
aaaa
lll[il]llltlt fl-sRF
c0
for the benefit of the real property owned by the grantee, and
roadway
County Road 293)
Kenneth L. Latham
K.
)
)
)
ss.
acknowledged before me on my 28 ,2000 by Kenneth L
OFFICIAL SEAL
Notary Public
tl
:l
rl
rl
rl
I
0
flJ
n
...!
a
l"j
U
T
t
t
T
T
I
T
T
T
T
t
T
T
T
IIIJHII,;tllilI1,lol 2RilO.OODO.r
il[]ilil iltil]il]ffit 4(I 29e B1 199
oo GRRFIELD
or T,own of Rifle,County of
EASEIvIENT DEED
P746 n
COUt{TY
RLSDORF
c0
DaleO.Coombsand Coombs,Seller,whose address ls 63 County Road City293
State of Colorado,for the consideration of the mutual
the parties,the receipt and sufficiency of which is hereby
to Kenneth L.Latham and Marilyn Latham;K and
985 County Road 293 and 983 County 293,
s.
exchange of easements
acknowledged hereby sell(s)quitclaims
Arvelda Ward, whose are
permanent easement over and
State of Colorado, to-wit:
I Road a
the following described real property County ofGarfie14rnthe
A strip of land situate in northeast one quarter of Section 10,Township 6 South,Range93 Westof66 Meridian;being a portion ofthose lands conveyed byDeed from Olive to o.and Gail s.Coombs dated May 23 I 989 andDale
filed for record May 25,989 Book 754 at Page 83 in the Office ofthe Cl€rk andln9
Recorder; Garfield State Colorado;beitg twenty-(2s)of said strip five fwt
in width, twelve and I 2 .5)feet on either of,parallel and perpendicularside
to the following centerline
Beginning at aPoint on the East line said Section 10, from which the East l/4Corner of said Section I
(
and along the centerline
l) s 13"09'45" W,27t
2) 178.03 feet along
10"12'02, a radius of I
feet,
side Iines of said strip
Northeasterly side line
Northwesterly side line
having a radius of 512.50
East line of Section 10.
bears South 439.83 feet; thence departing said East line
an existing gravel roadway the following two (2) coruses:
i feet;
of a curve to the left having an included angle of
feet, the chord ofwhich bears S08"03,44W,177.g0
arc
to the centerline of said 10, being the Point of Terminus, from which said
East l/4 Corner of S l0 bears N 89"39'50" E,86.74 feet; with the southerly
upon said centerline of Section l0 and the
upon the East line of Section l0 and the
45 05 feet along the arc of a curve to the right
chord ofwhich bears N I 5 o 40''50r'E,45.03 feet to said 411
t0
This permanent easement is for the purpose of recognizing an existing roadway which servesproperty owned by the grantees.
(Mailing address of grantee(s): I County Road 293 and 1983 County Road 293)
\3 r L-,-J
l?=r.r-
-{Sar+ts. Bss 8..
(i) q\b.{=)
with all its appurtenances.
L_. __
I I
I
t
t
I
I
t
I
I
I
T
I
I
T
t
T
T
I
T
I
I
l[illfilft]Mt,2otZnp.OO-i-o.flHtt|ilfl|!ilruuuHl
Signed rdy 3L, 2000.
STATE OF COLORADO
COUNTY OF GARFIELD
Dale O
Gail S. Coombs
(
L//-(.4
ss
)
)
)
- The foregoing instrument was acknowledged before me on July !11,2000 by Dale o.Coombs and Gail S. Coombs.
WITNESS MY HAND AND OFFICIAL
My comrnission expires: ;//ln/
Notary PublicLOIS I. MEISNEFI
NOTARY PUBLIC
STATE OF COLORADO
T
t
t
I
I
I
I
I
I
t
I
T
T
I
I
I
I
I
T
I
T
t
T
T
I.t
BI
T
I
T
T
T
t
ililil il|t iltil ilt [ilI] ilt ilil iltiltl ffi lilt
387096 OEtoll?;0oo 11:314 81199 P?4E ll RLSD0RFI ot 2 R 10.OO O O.@ GfiRFIELD CdJilTY C0
EASEMENT DEED
Olive Coonbs, Seller, whose address is, 1633 County Road 293, City or Tonm of RifleCounty of Garfield, State of Colorado, for the consideration ofthe mutual "*"L-g" of easeme,nts
between the parties, the receipt and sufficiency ofwhich is hereby acknowledgd hereby sell(s) andquitclaims to Arvelda M. Ward; Dale O. Coombs and GaiI S. Coombs; -a f"oreth L. Latham
and Marilyn I( Latham, whose addresses are I 983 County Road 293, 163 I County Road 293 and
1985 County Road 293, a permanent easement over and acrcss the following described real property
in the County of Garfield, State of Colorado, to-wit:
A strip of land situate in the southeast one quarterof Section 10, Township 6 Souttu
Range 93 West of the 66 Principal Meridian; berng a portion of those lands conveyed by
Deed from Jasper E. Brooks to Harry L. and Olive Coombs dated October 26, 1960 and
filed for record November 9, I 960 in Book 330 at Page 587 in ttrc Office of tbe Clerk and
Recorder; Garfield County, State of Colorado; said strip being twenty-five (25) feet in
width, twelve and one-half (12.5) feet on either side of, parallei and perpendicular to the
following described centerline;
Commencin g at a Point being the East I 14 Comer of said Section I 0, from which the
Northeast Corner of said Section I0 bears North 2626.64 fee[ thence along the Centerline
of said Section l0 S 89 " 39'50" W, 86.74 feetto ttre Point of Beginning; tt .nc" along the
centerline of an existing gravel roadway the following fifteen (15) courses:
l) 22.25 feet along the arc of a curve to the left having an included angte of I "16'30,, a
radius of 1000.00 feet, the chord of which bears s 02"19'2g" w,2z.2i f*t;
2) S 0l "41'13" W, I13.59 feet;
3) 143.30 feet along the arc of a curve to the right having an included angle of4l oO3,O4,
a radius of 200.00 feet the chord of which bears s 22"12'45" w; 140.25 feet
4) S 42"44'17"'W, 76.08 feet;
5) 119.52 feet along the arc of a curve to the left having an included angle of I 3 o4l '45,,
a radius of 500 fee! the chord of which bears s 35"53'24" w, 119.23 feeq
6) 529"02'32" W,108.00 feet;
7) 126.10 feet along the arc of a cuwe to the right having an included angle of 96' 2O'Og" ,
a radius of 75.00 feet, the chord of which bears s 77"12'37" w, r I l.t1 feeE
8) N 54"37'lg" W, 210.41 fet;
9) 129.92 feet along the arc of a curve to the right having an included angle of 14' 53'17",
a radius of 500.00 feet the chord of which bears N 47'10'40" w, 129.56 feeql0) I 17.95 feet along the arc of a compound curve to the right having an included angle
of 45'03'13", a radius of 150.00 fee! the chord of which bears N 17"12'25" w, I14.93
feet;
I I) N 05'I9'l I" E, 34.60 feeq
12) 83.17 feet along the arc of a curve to the left having an included angle of 3l o46'01u,
a radius of 150.00 feet, the chord of which bears N 10"33T9'w, 82.r0 feeg
l3) 14l.6l feetalongthearcofacompoundcurvetothelefthavinganincludedangleof
142"20'57", a radius of 57.00 feet, the chord of which bears sBz"zz,4l" w, 107.90 feeg
14) S llol2'13"W, l12.79feet;
,,i/4
,1(
tD
i
I
I
L_.Co*=,.a- +
\-3 t ul
Q-; tr eL
Das-s5
3 aL' S;.({> ?\tsa)
:l
rl
rl
rl
rl
T
T
,i:,
lryl!'l[l'lHt ttutu[l#,#$il#|Hr
l5) 75.59 feet, more or less, along the arc ofa curve to ttre right having an included angle
of43"lEqO",radiusof 100.00fee!thechordofwhichbearsS32"5l'33'W,73.81 fect,
to the nor0rcrly boundary of County Road No. 2g4bengthe Point of Tcrminus; fiom
which the Point of commencementbearsN 72'18'01,, 8, 953.43 feeq wi& all side lines
of said stip tcrminsting upon said cetrterline of Section l0 and said no,rtherty boundary
of County Road No. 294
This permanent easement is granled for the benefit of the real property owned by the grantees, and
its purpose is to recognize an existing roadway.
(Mailing address of grantee(s): 1983 County Road 293, 163l County Road 293 and l9g5 County
Road 293)
with all its appurtenances.
Signedtrly<1,2000.
fCCo.(iio--r.---.G ----'^€
Olive Coombs
STATE OF COLORADO )
) ss.
)COLINTY OF GARFIELD
The foregoing instrument was acknowledged before me on JuIry 3/ ,2000 by Olive
Coombs.
WITNESS MY FIAND AND OFFICIAL SEAL.
My commission expires:
Public
?
LOIS I. MEISNER
NOTARY PUBLIC
STATE OF COLORADO
I
t
I
I
T
t
I
t
t
I
I
I
I
t
t
I
t
T
I
Itl|,{l|JlIlllt.|trtuH ru[lt f tr]Jur#l1 of 2 R to.oo o o.oo GmFtEt_o co[rfiv l5--'',fo
211
rlrv
/." .i
tW
J
u
U
U
Kenneth L' kahTg{ terilyn IL Latharn, Sellers, whose address is l9g5 CounryRoad 293, city or Town ofRifle, countyLf Garfierd, state of coiorado, fo.ih. p,rrpor. orrec^ognizing existing Gnces, hereby sell and quitclaim to Arrreldr M. wrrd, wtrose address is1983 county Road 293, Rifle, co 81650, the foflowing desc,ibed ,.ar p;ilrf in tt. county ofGarlield, State of Colorado, to-wit:
A tract or parcel of land situated in the Swl/4, Nw1/4 of Section l l, Township 6souttl Range 93 west of the 6u p.M. being those lands conveyed by warranty
Deed from Arvelda ward to Anerda M. ward and philip e. wa,a datea
November 29, 1976 and fired for record on January rg, 1977 in Book 492 at page
626 in the office of the clerk and Recorder, Garlierd county, State of colorado;
being more particularly described as follows:
Beginning at a Point on the west line of said section l l, being arso on the North
line of an existing private road from which the west r/4 comir of section l l
bears South 486.03 feet; thence along said west line North, 574.46 feet; thence
depaning said west line and along an existing cedar post and wire rence N80o27'20 E,270.27 feet to the west rine of said existing private road; thence
along said West line the following fow (4) counies:
QUITCI.AIM DEEI)
1) S 20"1421" W,252.68 feet21 199.57 feet along the arrc of a curve to the right having an included angre
of07"41'14", a radius of 1487.50 feet, the chord ofwhich bears S
24" 04' 5g W, 199.42 feet;3) S 27"55'35" W, 136.01 feet;4) 87.01 feet along the arc of a curve to the left having an included angre of
09"43'40", aradius of 512.50 feet, the chord of which bears S 23"0:3,45"
W,86.91 feet
to the Point of Beginning; containing l.g7 acres, more or less; with all comers
and Points of curvature being monumented with t % inch diameter aluminum
caps, stamped "LS 26967" on l8 inch long #5 rebar;
together with an easement for irrigation purposes, morc fu[y described in a
certain deed recorded Book257, page 530, Garfield Countyrecords.
P
/)(-Arcr, * 5**n=
\B \ u--r 'Jcu a-
[\.-,.ln-r- (t.> -6 r(-c-r()
I
I
T
I
I
t
I
T
I
I
I
I
I
T
I
T
I
T
I
Ltr,u|lillHllt,Iltf lLrIrllr,ullf ut'lil.l..u!J#l2 ol 2 e Lo.m D o.oo caRFrar"D c6iinri Co--'-
subject to, and reserving an easement or right-of-way for an unimproved vehicular trail
lPPro-ximately fifteen (15) feet in width, located at thi extreme Northeasterly comer of the abovedescribed parcel, as shown and described in an improvement survey datedJuly 19, 2000 andpnepared by Myer Land Systems, professional Land Surveyors.
(Mailing address ofgrantee(s): 1983 County Road 293, Rifle, CO g1650)
with all its appurtenances.
SignedJuly 1O ,2OOO.
STATE OFCOI,ORADO
COUNTY OF GARFIELD
Kenneth L. Latham
K.
ss.
The foregoing instrument was acknowledged before rne onJ
L. Latham and Marilyn K. Latham.
WITNESS MY HANDAND OMCIAL SEAL.
My commission expires: iilllbl2A*
u\&-,2ooo by Kenneth
Notary rblic
I
I
I
I
T
I
I
T
I
t
t
I
t
I
I
I
T
I
t
t,:
e
/Y1
\Js
p,
0
Itql[I[f l!rylllIlllurlltJtuul
'|In,ulpr
t of 3 R r5.a o o.oo c{nFtELD bffi A
R/ITIF|CATION AND CONSENT
RECITALS:
--^-,--'-'- -
on April 23, 1997, Kcnneth L. Latham and Marityn K. Latham. in ordcr lo sccure apromlssory notc payable to thc undcrsigncd. dccded to thc Public Trusrcc cenain real properry situorein section I t ' Tourship-6 South, Ran-gc 93 wesr of rhc 6.' p.M. Thi; Deed of Trust was recordcdApril 30, 1997 uook r0r7 ar pagc t9i. Documcnr No. 50767t. Garfierd counry Records.
?' Kcnncth. L' Latham and Marityn K. Latham have agreed wirh thcrr neighbors toexchangc easemenls with each olher and have also agreed wirh Aiclda M. ward to provide aQuitclaim Deed to rccognizc thc rcsults of a new survcy.
3. The casement granrcd by the Larhams is described as fo[ows:
A strip of land siruatc in the nonhwesl on: quarrer ofsection r r , Township 6 south.Range 93 lvest of lhe 6'i Principal Mcridianibeing a ponion ofthose lands conveyctlby Deed to Kennerh L. Larham anrr Mariryn K. LJham, darud Juty 20. I977 and litcdfor rcconl July 21. 1977 in Book 496 at Psge 644 in rhc oflicc of rhc Clerk anrlRecordcr: Garficld Counry, Sratc of Cotoralo; saitt s,rip b;; contiguous on 6cwcsl side line rvith lhosc lands conveyq( b.v Warranry Oeed fro-m Arvctda Wanl toAn'clda M. Ward and Phitip E. Ward dared NovenrUer Zs. l9?6 and fitcd for recordon Jilnuary 18. 1977 in Book 492 at Pagc 626 in rlrc Oflice of the Clcrk ilnrlRecordcr: Curlicld Counr,\.. Strte of Colorodu: ,r,t bcing twcnry-fivc (25) fcer inryidtlt. trvch'c arrd onc'ltclf 1 t 2.-s) lber on eirhcr sitlc or. palrtteirnd perpendicular t,rlrc follorvilrr: tlcscribcd cerrlcrlirre:
Bcginning al a Poinl in lhc center of an c.risting gravel roadway from u.hich rh. Wc*l.'J Corncr of Sccrion ll bears S t4"l t,0l; W, 1135.60 tter: rhcnce atong rhcccnrcrtine oIsaid existirrg grrvcr roadrvay thc foilou,ing four (4) courses:
I ) S 20" l4': t" tV, 352.63 l'cct:
:) 201'25 feet along lhc arc of a crrrvc to the righr having an includctl:rngte of7 ^41'14", u nrdius of t.500.(x) fecr. thc ctrord of which bcars-s24.'0{.5g,,w. :01 .10tcel:
.l) S J7'55'3i" W. t36.0t fccr:
4) llS.S4 fect nlon.rl lhc'arc of a curvc to the lcft huurng an inr-ludcd anglc oll{'45'50".l radius oIsr)r).(x) lccr, rhc chord of s.hrch tcaris26.,32,.12,.\\.. t:s.rsll.cr.
ll n'., rr \l' !r{.,n r ,(Jrt I trrun tr.nrriJl,.,n.rrt t',rhl.0r ?.f
fi€ r..r,<sr ?)'
(),',.. ,;4. .l 5n*r:*:, ) c
)r'' r s1\ J,..S Jt. d:>-'r
ll.'. .r I,.._.u_ ) .7'\CS4-\
T
I
I
I
I
I
T
I
I
I
I
I
t
I
I
I
I
t
t
a,A
$$|![i[l!!H$:'{#,,"!H!#'unr[l]lrpr
to lhe west line of said scction t t. being rhe point of rerminus. tronr which sardwesr t/4 corner ofsecrion r r u.rs souri, Ljg.glfect; wirh rr,. -rrr,rr., rury stdcline of'said strip terminaling urron r"ia w.r, line of Sociion t r anJrne souftcasrerlysirte rine conrinuing s t 3 "09'i5" w. 53.4J fecr ro saio wesi iiillrs"",ion r r . and
4' T'he dcscription of thc property now owned by Arverda ward is as forows:
A rracr or parcerof rand siruatcd in rhc swr/4, NWr14 of Secrion il. Township 6South, Range gl west ofrhe6'h p.M. bcing those ranrjs conveycd by wary61y trq6from .r\rvcrda rvsld ro Arvetda M. \r,arJ"antr phitip E. w"t;;i Novembcr 29.1976 and r'iled for rccord on January t8. r977 in Book 492 ;; p.g;26 in rhc officeuf the Clcrk and Recorder, Garlickl County, Statc of Cot,JraOo; being nrorcpanicularly dcscjbcd as follorvs:
Bcginning at a Pcint on thc wesl linc ofsaid Scction I t. being also on the North tineof an cxisring pri'arc ro:r<I from rvhich rhe wc$ l/-1 corncrofsccrion r r bears South4J6'03 feer: thencc arong said wcst rinc Norrh. s74.46 r..t: tr,"ni. departing saidWestlineandalongancxistingccdarposlandrvircfenccN gO.2:,,ZO-E.270.27fectto thc Wesr linc of said exiiring private road: thence.t;;;rfi West line rhefotlor,r,ing four (4) courses:
l) S 20"t4'2t,,W,252.6g feer2) 199.57 feet alqng thc arc of a curve to thc right having an includcd anglc of07"4 r'r 4'. a radius of r467.50 fccr. thc chorJofwhict-t
"arc s 24,,04,ss, w.l9!'..12 fc.c.r:
3)
4)
.S 27 '5-s'15" W. tJ6.0t fecr;
E7'01 fcct along thc arc of a curvc ro thc rea having an included angrc of09 "43'.10". a radius of -511.50 feer, thc chord olrshich hears S 23.0..t,4S. W.86 ttl 1gg1.
to thc Point of Bcginning: contuining I .87 acres, more or tcss: wirh all Corncrs andPoints ol (lun'ature bcing monumcnrccl rvith I li inch .li"rn"r*, aluminum caps.stxmpcd "l.S 10967" on lg inch long ll5 rcbar;
toge'tlrcr witlt an cfl-scnlent for irrigation purposes. morc fuily descnbcd rn a ccn,rntlccd rccordr.d Book 257. pagc -s.til, C;ariietit Counry ,".orJ..
-
S lhc undcrsignc<l rr:cr-rgniz.cs lltut lhc resotulion uf lhe r.ascnrc.nr lntt hounrlarv hncqrt(slr()rl cnltrtttccs lhe vuluc.f 1t1c plcrpq.6y. and enhanccs rlrc ;;;.u:iir. ,r....i'"i:;;;;*"
6' 'l'lrc untlcrsigtrcd rs tltc hol,Jcrs of thc inrJshtcrlncss sccurcrt hv rhc dccrj trf tnrsrrcl'cncd lo ahovc-.
Iturr'{r \!...ourn { (.,trt | ,r,\,. k.r,ti. /r. {, rri,l (-. rr.rr
. l:'.2
1/ , . \.
t|\
lt$ulf qg##1utrilF!#'*[lrusp
NoIy THEREFoRE' in consideration.-of
!e yurual cxchange of cas{:ments bcmecn rhcpanics' the undcnigncd herchy til.;;;;h. gronring of rhe .rsc-.cnr and quircrairn decd asrlcscribcd above. and subordin;,*,h. i;.;;rinc-occa
"i,,,ri-r*frr..r Book r0r7 ar page r9r rothe spcrific granrs of rhe
",semcnt and of the quitctaim decr, as described above.
Darar rhisf ,", "*ll.'rb*.
'- -
\A
Buming n Crcdir
S]'ATE OF COLORADO
COt.NTy OF(rtriieI
)
)ss.
)
' Tltc foregoing inslrumenl was suhscribcd. sworn to and acknowtedgcd beforc mc lrris8" u"'"[,UT-,t'
WI?'NESS MY HAND AND OTFICIAL SEAL.
My commiss,cn expires: I n_ aOo*
lary
T
ll!rtrr, !..u,Uil,'aJrt t,^t.{ llaI,,..r!1.hlr:,,<rr
.l
7^
(\c
TI
I
T
T
I
T
I
I
T
T
I
t
T
T
I
t
I
I
t
.........!r-elt.-s-r....J.'.....[rg,s.!-,................,.nccordor.
Rciordcd
*Bomptlin N"I63-21t5,.......
dty.ofl',r6gxr6grr - ;.',-intheyearof:..
Forty-soven r'betrvein
'''Couuty ol Oarfleld, rnd SiatcolColora<lo, of thc llmt pnrt,
tho firf,t pErt, for antl ln con.taeraiioii';?-th;-itm 6f'"
i'
-_-.i:-Ej:::=:---:==
ol thc *cond peit;
aad o
.l-''.--...... ., --..-:.ther. goocl,,Tc!,,Dol1ar.g aa d uablevaI eorl d1 tera'oa1 W
lr(iil"Tsrs DrrD,
WITNDS8ETII, That tlc mid patt y of
..:. .-:.
.. o3r Lord onp thourand rfine hundrcd lnd
itr;c- SIst
IJ
.t.. .
li.iI-l r,rtt r-" '
to thc raid ol tlc first part hdnd
'rcccipt whcrool b hireby confeescd and aclrnowledgcd ha e gradtcd, bargained, rolil anil con.
ipriiin6aAta':*-gr.ot,rU..g"ta'rctl,-cotrvcy rndeonllra unto the uiil part -X..
ol thc iccond pirt her beira attt ereipr forever, atl the foltov.ing deccribed tot a- or parcel !t
riflaail,'5tuatc, lifng-bil beins'in thc .' County ol Galfle ld , - i
antl
Steta'of Cirtoailo, to-wlt :
tiDovo o.Cgcllbed laad th at-
lorthw€st quurte! (
or ral Si€ctl oa 11 ber tot'oro truo r rrod by Cran ot herel a to
e TODD by trar!an ty Deed ot'!o ord ag Do OUIIAE tro co84g
g at-Pag6:tbo re cord
of
crk a,ld cord or 1a Garffel d Co un ty o1 orac
t,
lur &, no"a, C"tq
,.,,,.: ,;
and Statc ol Oolorado,
a-
'.6t fii :a r :',:: -t, r;..:r.'.,:' Corintt ol, CgtfleId,
o,rl
Sou br theQuatter
t
:l9eP-t9g-a.o-d. roserved .-.1s rron tha
I
t
I
I
I
T
I
l
t
t
I
I
!
T
I
I
I
I
It'
TOGDTiIIIB with all nnil sinButnr the heroditamentr and lppurtoaaneor
the hereditamentr and appurtenineee, . 1.:' ,TO IIAVD.IND TO IIOLD'thc saiil premiser ahovo bargained and tlcrcribed, with thc appnrta.
nancci unto . Lf LLf B. I}UTLUR,
tontr,anywiso appertaining, and the icversion and reycrslons,, remainder 6nil remolnderi,trmcr,. ind
thcrcunto bclonglng,.orln
hilirs, cxtlcutorC'ririil administra-ton, ilo6S covenani,-gmnt.hargaiu.-
Y ol the eeeond part, he r hcln anrt asdgu, that it ttc ,
.t
to rnal withdh€ rsid part
CTLgS S. EUTLIIR,
partthe said part y
Aad thc raid
iell', hls
psrt I ol tho llrst part,
ol onsgsl g
abovc couvoyed, ar o! good, sum; perleet, abrolutc antl lnilslearlblc cltrtc ol inheritancc ln law, in fcc
rimple,and ils--good right,lull power aad lowlui iuthority to g1ent,baigain,roll aud convcy'the
sams in manner io.t for aforeraid, and that the game ,"" i.."
"od clear lrom all lorurer and otler
grantr, bargains., sales, liena, taxcs, rssesmcntg autl incumbranccs ol whatriver Hnd or naturc codvcr.
l
and thc lbovc baryaincd PreEilc! i!
thequistaralpeaceable possesionof theaaiclpart Y of the seooadprrt her hdinmd
arsignr, against alt and every porson or per:eone lawfully claiming or to 61rilr thil wholc or au, prrt
' :i
thersof, tho said part Y of tho first pa1t shall aDil will WARRAM AND FORwEB DEFEN-D'_'.:.
IN IYITNESS W"nnfotr, tire soid part Y olthe first prrt hi !t hcreunto iet , h ls
hantl.antlsealthe'ilayantlye8rliEtabovewrittei.
8lg!c4 8c8lcd aad DcllvCrsiIln Picreact
STATE OF COI,OIiADO,
..................CountY
Decelroer
19 47.,by', CIIiIJS S. !ilTLllR,l_l:.._I..... _..
.i.'hand ofricial real.
-Jan u.ry-+r-J949
Noury
.Wltieor
t-.hxn ,bt '&Una h
@ r affi, rtht{r.r..|, ri. otht ..tult, d ddDtbr
ii pJa-t - ai- o{116 ol Nch cryrtlo., nrJrlar lt.
dlkd@tlGhltstBr.oa:- ... .;' :
I
th,i whatroevcr,
piemire,r,
pmlltc and allthereofj right,eststc,titIe,andclaim'interert,damand thool rrld-,
pnrt thcofv )ncithor Ir rvl)flrt or ot thoflrstcqrrity;rvith
TSEAI,I
..................1.'....:..................................................:...ISEA.L]
t.l
.,1
&
,ii
'#
I
T
I
I
I
T
I
I
T
T
I
I
I
t
I
I
T
I
T
,.J
!
F
t:
I
l_.
I
l-
T
t
T
I
l-
I
T
.-','--:' , t .l
County of Garfleld . 'and Statp'of Colorado' of th€ fint psrt'
tlis ,rh -' ..day of , , MaY '. irl the 1'ear of
That thc'aeltt'part y I ol t]e flmt part, for and in consideration of the rurn ol
'i[e fint part in hand paid [y the raid part y of the oecond part, tfic
natt'aeknowletlgictl, hr.-g r' giirrtcd; bargainod, rold md oon. .
;tt ar- eo"a -
I\YIINESSETII,
ffiftil+rand valuable eonslderatlbna, -
- - : :--::
bcll, couvey autl con0rm uuto the iaid part y.,bargain,
Dort fortYer,
mtl Cri!tprascDtrc9
rccoatl he'irr -ill-the ileseribed'lot ole8$gn8 followirg parcil.and
:. ' t;r.t, r
r,';'Comq 9t r.' carfleid antl Etato ol Cotorrdo, of thc'rccond part;
i
a-
s4ilrl s.;[ili utuitr 6-$fiE,Ifofrifrrilril;irna ,:lir
lfest
recelveu8ofandethrlghtto rhtrlght
for theconveyedhereby of.hcrperlod
b'ias
Oolorido, to-wit:
:1...-l:*:..,
,.t. ' ::
'+.
I_
]l' - ..- ..-
T,,
''i _ _i- -_ --
.,,.'l
I
Ea.rd6d .t-l9.i.J--O-o'"ror.L...-u.
S;
| lt
. i- _ t-. r_ .-i_'
re'et thc thc
at.
I
,.,, \ ,' :,.
i..
I
I
T
t
I
I
t
I
t
I
I
T
T
T
I
I
t
il
I
,r
i.,
, ',' 'r1.
', t ',.,|,!,,
,:T.,
.__+++
i
I
l'
llll"' i,r,'rn"t.
{,fui,,y ,r,1 rlemarrt rvhnrro0..r; ,;r th;.- ii;a :
th-{lt.mdxingn
,iie,l; rvith the
lllrt.l) ltr,,.r,,i,l Jrrr,rrris,.r allrr.c lra rgirinerl-rnrI rlcse
thr hcreili
itt ;rrrrl t,r llr,, rrlrovrt
I nl)pltrl'ilulncos:--\
rr,t.0 tt t l
iu Lls,,
.1nl
ilc fcasi
$ r'I r,rItil\,, ,)f
pnrt .t' .' ui.th,. first part
. .h,.irx, r,1p1,1116r8 an(l rirlnrininll.rrinrl; rto gg eot'rnairl, grnnt, hnrgrin -
u'itlr tlre rnirl pnrt y ol I ho sr1r,ellql pli11, her hairs.antl a*sii1ns, that at
Presents . .-- She -ld well seizerl of ttie triimiieigood,'suie,perfect, &bsollrtc and in ,le (.stUtc ol inheritunc6 'iu fce
an?l ltrvfrrl suthority to grant,. -.1.
I gobd right, frrll porvor
bargain, selt anal convey the
Intiretrls lrrr
rlelttreeff helontLorrtrn to gtng,ln
tt rrrl v r rsiri n renl xi ler rcnt0nrl inde IenI3,an(llhxuef
\rrrl tlro srrirl
Anvu,D,t !;,iRl;
fixJ'\i iio trl)por'l,rirrina.,,,,;f ,i,","..,,,,",r,,;
Jrr,rlits llfhir,,rf arirl rrll tho n*rrrn, .,.ii;1,
l'ilrt her lreirs rrr,J ltrsi.:ls forcver.
LILLID I]. BUTI-EIt,
t
I,I-__: '*fts-.anq-ilggml)r-aneeq_of_whitever kiailor o"tu"._ro";i-
fhe qoiet end ncn.eab!4 ponoesnion cf the said pnrt y'
issigns,rgrirrst. alr antr r:v.ry person or persons rawfuil.v crriurirrg or to-claim the rvbore:or."ny p"rt.:
theieof, the aaid pert..y -.' ol tho firat pnrt shall and rvill \vARR,tNT
otherformer anrlgrartts,-berBails, sales. Iiens,
:\ND FOREYER DEFEI{D. l
the,diry ,bove-rvrittcr-
IN WITNDSS Tho\\IIIDRI'OF 'ssid part 'of fint hapart sethereunto her
iintl ieal and .yosF-fimt
I
ol lhe second plrt her. ._ 'heim.and
Sig,Dc4 Sald &rd DGlivered in presencc :77r?/-,
grarumRY rcxxo*upmtr, gusroN lrtz
sTtTu oF cor,oE.\Do,
-i:o.:=T hc-f ortioi4 q. irrrtru m6nt wus scknolviedReil heforc
--- -( i
i:' - r.--
't:l t .
Pa rt -v ,'i'ii,. r;i.l r,.,"J,.i,r,,.,. ;
vl.:..
"'--j __-.
lrilltrl,s . IIl.o
'frt .\-l)'l'o
t'nsea I ing
'. ..-. I l-slntplF,
scl f her
theof-- llrrr,;tIe and del theseivery.of
hr
-.m,
sl:the
lsEAr;l
5rh
t
I
I
I
I
I
I
I
T
I
t
I
I
t
t
I
T
I
T
'ii!
- wIrN-BqsETII, That tho 1ja nrrty oi u," firrt Dmr, for rud rn conrtdcndon ofTen Dollars and oEher good and .r"i,r"Ufe..conslderaE RQI{:6Ffx
'tlrc roro d
lop
JAUES
sToN,
BUI,A,
DGtt
ct RTrsand
2t'lp,n
o( tta
BLTTLERi
IIAE,, QQgg,Y l{flf,p ir.:ARVELD-A MA
, Cornty ol Strt sf ol Gc'ricord Snrt:
'l
!
brtoadait}.!.to OF h .tltrLa
lrrucr .!d pmtltr dt
aDpurtoaEsI.
a ?1- 2-Lc
I
.:: -r .
t ..
ItI
:l
T-
I
I
I
t
I
I
I
,. |.1
+""
I
T
I
T
I
I
t
I
I
t
I
I
,t,
idri
,r -.'
'iit:1.a.
lp(
-, ,'.i j; .l
end thc rboro brr8rhcd pmoltct tn tic qulct rnd pocrbtc porrcrrlo of tlo ..ld Dlrt le I ot thc r.cood Dtrt,
Drrt ttGr.of, tbo ntd prrt y ot thc flrrt D.rt rhell rad rllt WABNTNT AND TDBEyEB DEFEND.--- -"IN-WrtxE88 l'.
WEESEOF,ttc retd Drrt v ' ol ttc
iilttcn.ief,li'ls'*fr,frrxr,rnd rod tho dty rad ycrr ftnt rbovo
ralcd rnd Dotlrord. ln ttc hcecucc of .-;-...[8EALlLlII1e B. Bu t,ler
r-
t9
It.]Thc lon3nlag
STATE OP COLORADO,
Count, ot Garf le Idlnltnl,nent rr!reknorlcdgrd botorc mc thlr ntL der ot Wbet-/)aysr1ba.LilIte B But.ler.
>{Hz a
3
LltIJ2
frfr
I
.I
x
llrh tlocunrnt !mprr!d lirnwcll!nl,nol '.r ir-'
'\r"'r.
I
8
;
8
7,ot
__-!___i*._
8
I
I
i
P
Io
!ah
E.l
rf,-ao 1 I
I.h
1e
E
t ,tJi
c
?.t
.J
,i" ,,
':1.'- ''l t
,:, tt,,...; . :r' .
,\I
I
Q;.
J o
;T
:I
t, I
I
I
t
I
,i.i I
'" . .rt. ,'
-;:i.J
r1' l"i: #.
.,: it I
*;
,'.f :
"'
T-l
t
I
I
I
I
I
I
I
,&''
+
qd,:o rdo4 *.. 3.,85 edSyr.]---Ri(reilou lo,-*.---.--- trlla
u,ocr I 4 sl6 bri',t/489 .tr:i 3gg
Stophcnr, lrcordcr
4nN-nh',.--.-' ----.-ts!^'Ar^r^ uEi,
Thc utrderalgned w0rr6nts:
l' oD septe'bcr 14, 197.4, she wao duly oppotnte(t aa the corservotrrxof LILLIE B. BurLER, prorected pereon, ln t;;b;;[-i;,;i;. lr-1e2, rn theu(strtcc courr in and for rhe counry;f;.;ii;I;; iir.. ", cotorudo,
2. That Ehe remalna l.n auch capaclty aa of the date of thlsEx*cuclotr, arrrl rtere arE,,o iitrilrarlnn, pro..Jr,i ;il;;;;;.";,,'nil no"o...
3.
_
On Deceober 22, lg7-S,.the CouEt authortzed her to sell a ltfeeBrate, whl.h {e the sa6et of rhrs ertaEe, r"a i.-a.""ifU"rl hereafter tothe re@indernetr, on rhe cerns snd con<iltlona r.a;;;;; in sai<i order, acopy of whlch la ottached hereco.
4. Thst Ehe has recelved the funde callerl tor,Lrr ordrrc o[ theCourt.
Not,,, THEREFoRE. bv order of-Court, the rrnrjerelgnerl hcrphy hergalns!se1ls, conveys end qult'clalms al] of the rlght, tltie and interest ofLILLIE B. BUTLER, protecred.per€on, in .na-i3"ii"-?oiiorrng descrlbed realpropercv situate ln Carfleld.Co,unty, Colorad". to_rii]
The lfuktMk and'the SwlrNl.tk of sectlon u, Tounshtp 6 south,Rnnse 93 t{esr o! rh. 6rh p,M. er..pr itoio firii prerrouetyconveved our by deed recorde<l a" document Nol-iiiqt, recordedln-Book 93 at pase 530 and by deed .;;;;;.;-;r-;;"unenr No,175666, recorded ln Book 257 at rage S:6,-"6-i".i1"1d Counryrecords. Togerher ylth all dttch ind ari"t .ieii", ueter andvater rights appurtenant cher€to or us"a fn "oiii"tlon thereulth,
to the folloulng indlvtduals, as lensnts ln comon:
l.,
3.
4.
5.
BESSIE MAE BUT,[ER, creeley, Colcrado
ARVELDA MAY tI RD. Rlfle. Colorado.
CURTIS J. BUTLER, Rlfte, ColoraCo.
ARVADA B. THURSTON, Rlfle, Colorado.BUIA llAE COSE, Rlfle, Colorado
Dated Ehls I 1- ary of ocr.ober 1976.
ST..\TE OF COLORADO )
COI]NTY OF GARFIELD)SS
ESTATE OF LILLIE B. BUTLER, protected person
"o#r{{!€*4:r,P*y#z?
The foregolnq uas gubsc-rlbed and ssorn to before ne ztts 15!llay ot0ctobeE, 19j6, by Arvetda M. wara, Conservat.i; ;;';i; esrare of Ll1tle B.Butler, prottected person.
WITNESS MY IIAND AND OFFICIAL
Yy comlssion explres:
,/ t?/ 2l ta ry
owNERSOFRECORDoFLANDWITHIN200FEET
OF APPLICANTS'LAND
Greg J. Tamburello and Anne E. Tamburello
1743 County Road 210
Rifle, CO 81650
Charles E. Griffin and Vivian J. Griffin
3925 County Road 233
Rifle, CO 81650
Western Slope DeveloPment CorP.
836 County Road 210
Rifle, CO 81650
Cottonwood Springs, LLC
302 Eighth Street, Suite 310
Glenwood Springs, CO 81601
R. Phillip Bain
1983 County Road 293
Rifle, CO 81650
Dale O. Coombs and Gale S. Coombs
1631 County Road 293
Rifle, CO 81650
James Hybarger and Lois HYbarger
P.O. Box 931
silt, co 81652
Robert C. Adams
1081 County Road 210
Rifle, CO 81650
r-EXHIBIT
T
I
T
T
t
t
t
I
t
I
I
T
T
T
t
t
I
t
T
MINERAL OWNERS AND LESSEES OF RECORD
OF EXEMPTED PARCELS
I
I
I
t
I
T
I
I
t
Mary Ellen KinneY
8822 NE 199fr Street
Battleground, WA 98604
Dale L. Dean
540 Shanne Street
Grand Junction, CO 81504
Pearl Dean Marso
lT6Little Park Road
Grand Junction, CO 81503
Bula Mae Cose
576 -29Road
Grand Junction, CO 81501
Arvelda May Ward
P. O. Box 124
LaGrange, WY 82221
Jean L. Butler
c/o E. Dene Moore Memorial Home
701 East Fifth Street
Rifle, CO 81650
Bessie Mae Butler
1410 Garfreld Street
Idaho Falls,ID 83401
Kenneth L. Latham and Marilyn k' Latham
1985 County Road 293
Rifle, CO 81650
Williams Production RMT ComPanY
1515 AraPahoe Street
Tower 3, Suite 1000
Denver, CO 80202
I
I
I
T
I
T
t
I
I
li
I
T
T
I
T
t
T
T
I
';};'|;
2t
>
;
;1
i30
l-.t
a_
35 o
F-
34
34
G,
66 ,,a';
'.'/, '
'$:'l
'-1
55
!.-34
1
49
..7 2
2
55
;56^-.
t4 54
.,}_hr,. .- :-, i- + -- i --
-,,-:--:;.J:.. :.ts-54_
.;..
rQ'.
5t n
66
30
"1i .
1$: -.
LATHAI'LEXEMPTION i . ., , '',-'i '1,..
Approximate boundary fo'r qoil identff-icatlon' '
tEXHIBIT I-
.t
55
55
24
'i
t'+\
.40
40
,^a-4. .
:-'tr..'
' ,rrl4ft!! -ii:
,:
li:
(
!--'
I
ll
II
II
II
rl
:l
:l
:l
RIFLE AREA, COLORADO 23
ranges from 5,000 to 6,500 feet. This soil formed in
mixeO alluvium derived primarily from basalt. This soil
has a thin intermittent cap of reddish eolian material. The
average annual precipitation is about 14 inches, the
average annual air temperature is 46 degrees F, and the
average frost-free period is about 125 days.
Typically, the surface layer is brown stony loam about
I inches thick. The underlying material is white, very
strongly calcareous very stony loam to a depth of 60
inches.
lncluded with this soil in mapping are small areas of
Potts and Ascalon soils on less sloping positions. These
areas make up 5 to 15 percent of the map unit.
Permeability is moderately rapid, and available water
capacity is low. Etfective rooting depth is more than 60
inches. Surface runoff is medium, and the erosiQn hazard
is moderate.
This soil is used mainly for grazing and wildlife habitat.
The native vegetation on this soil is mainly pinyon and
Utah juniper. The understory consists mostly of lndian
ricegrass, wheatgrass, junegrass, serviceberry, bitter-
brush, and big sagebrush.
When the understory vegetation deteriorates, grasses
almost disappear and forbs and shrubs increase. Proper-
ly managing the vegetation maintains.wood production
dnd grazing-. Selectively thinning the pinyon and juniper
improves understory grazing and provides firewood,
posts, and Christmas trees.' This soil is suited to production of pinyon and Utah
juniper. lt can produce 9 cords of wood per acre when
irees more than 4.5 feet tall reach an average diameter
(at one foot) of 5 inches. The low available water capac'
ity atfects survival of tree seedlings.
Mule deer, chukar, wild turkey, gray squirrel, and cot-
tontail rabbit find habitat on this soil.
Community development is limited by large stones and
steep slopes. Structures to divert runotf are needed for
roads.
This soil is in capability subclass Vls, nonirrigated'
3l-tldefonso stony loam, 25 to 45 percent slopes.
This deep, well drained, hilly to steep soil is on mesa
breaks, sides of valleys, and alluvial fans. A small portion
of this unit is on very steep to extremely steep mesa I
escarpments. Elevatioh ranges from 5,000 to 6,500 feet.
This ioil formed in mixed alluvium derived primarily from
basalt. This soil has a thin intermittent cap of reddish
eolian material. The average annual precipitation is about
14 inches, the average annual air temperature is about
46 degrees F, and the average frost-free period is about
t25 days., TypiCalty, the surface layer is brown stony loam about
8 inches thick. The underlying material is white, very
strongly calcareous very stony loam to a depth of 60
inches.
lncluded with this soil in mapping are small areas of
Potts and Ascalon soils on less steep and depressional
positions. These areas make up about 5 to 15 percent of
the map unit.
Permeability is moderately rapid, and available water
capacity is low. Effective rooting depth is more than 60
inches. Surface runotf is medium, and the erosion hazard
is severe.
lldefonso soil is used mainly for grazing and wildlife
habitat.
The native vegetation on this soil is mainly pinyon and
Utah juniper. The understory consists of lndian ricegrass,
wheatgrass, junegrass, serviceberry, bitterbrush, and big
sagebrush.
When the understory vegetation deteriorates, grasses
almost disappear and forbs and shrubs increase. Proper'
ly managing the vegetation maintains wood production
and ground cover. The value for grazing is low because
of steep slopes and tree cover. Firewood, posts, and
Christmas trees can be harvested on the more gently
sloping areas.
This soil is suited to production of pinyon and Utah
juniper. lt can produce 9 cords of wood per acre when
irees more than 4.5 feet tall reach an average diameter
(at one foot) of 5 inches. The low available water capac-
ity atfects survival of tree seedlings. Steep slopes and
severe erosion hazard atfect harvesting.
Mule deer, chukar, wild turkey, gray squirrel, and cot-
tontail rabbit lind habitat on this soil.
Community development is limited by large stones and
steep slopei. Structures to divert runotf are needed for
roads.
This soil is in capability subclass Vlle, nonirrigated'
35-lldefonso'Lazear complex, 6 to 65 percent
slopes. Moderately sloping to very steep soils ale-9!
nill6ides and mesa breaks' Elevation ranges from 5,000
to 6,500 feet. The lldefonso soil formed in very calcare-
ous, mixed, stony alluvium derived mainly from basalt,
and the Lazear soil formed in shale and sandstone re-
siduum. The average annual precipitation is about 14
inches, the average annual air temperature is about 48
degrees F, and the average frost-free period is about
125 days.
tne itdetonso soil makes up about 50 percent of the
unit, the Lazear soil makes up about 30 percent, and
soils of minor extent make up 20 percent.
The lldefonso soil is deep and well drained. Typically'
the surface layer is brown stony loam about 8 inches
thick. The underlying material is white, very strongly cal-
careous very stony loam to a depth of 60 inches'
Permeabi[ity of ine lldefonso soil is moderately rapid,
and available water capacity is low. Effective rooting
depth is more than 60 inches. Surface runoff is medium,
and the erosion hazard is moderate.
The Lazear soil is shallow over shale bedrock and is
well drained. Typically, the surface layer is grayish brown
gravelly loam about 4 inches thick. The underlying mate't
I
II
I
I
t
I
T
T
I
t
T
T
t
T
T
I
T
T
T
T
I
I
SOIL SURVEY30
t
I
I
I
I
I
T
I
degrees F, and the average frost-free period is about
125 days.
TypiCally, the surface layer is grayish brown loam
aOoiri te inches thick. The subsoil is grayish brown and
light gray sandy clay loam about 21 inches thick. The
substratum is light gray gravelly sandy clay loam or very
gravelly sandy loam to a depth of 60 inches.- lncluded with this soil in mapping are small areas of
Heldt, Potts, and Kim soils that have slopes of 3 to 6
percent. These areas make up 5 to 15 percent of the
map unit.
Permeability is moderate, and available water capacity
is moderate. Effective rooting depth is 60 inches or
more. Surface runoff is slow, and the erosion hazard is
moderate.
This soil is used mainly for irrigated crops and hay.
Alfalfa, small grains, corn for silage, and grass or grass-
legume mixtures are grown. Small acreages are in fruits,
inctuding apples, peaches, and apricots. lsolated areas
are used for grazing.
This soil is-idgated by furrows and flooding. Sprinklers
are also suitable. Drop structures in irrigation ditches
help to control water and prevent excessive ditch ero-
sion.
The native vegetation on this soil is mainly wheat-
grass, needleandthread, 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 c-ond!-
tion. Reducing brush improves deteriorated range. Seed-
ing improves range in poor condition. Crested wheat-
grass, western wheatgrass, and Russian wildrye are suit-
ibte tor seeding. Preparing a seedbed and drilling the
seed are good Practices.
Cottontail rabbit, squirrel, pheasant, and some mule
deer find habitat on this soil.
Community development and recreation are limited by
low strength.
This soil is in capability subclasses llle, irrigated, and
lVe, nonirrigated.
S1-Olney loam,6 to 12 percent slopes. This deep'
well drained, moderately sloping to rolling soil is on allu-
vial fans and sides of valleys. Elevation ranges from
5,000 to 6,500 feet. This soil formed in alluvium derived
from sandstone and shale. The average annual precipita-
tion is about 14 inches, the average annual air tempera-
ture is about 48 degrees F, and the frost-free period is
about 125 days.
Typically, the surface layer is grayish brown loam
about t 2 inches thick. The subsoil is grayish brown and
light gray sandy clay loam about 21 inches thick' The
substiatum is light gray gravelly sandy clay loam and
very gravelly sandy loam to a depth of 60 inches.
lncluded with this soil in mapping are small areas of
Heldt, Potts, and Kim soils that have slopes of 6 to 12
percent. These areas make up 5 to 15 percent of the
map unit.
Permeability is moderate, and available water capacity
is moderate. Etfective rooting depth is 60 inches or
more. Surface runoff is medium, and the erosion hazard
is moderate. \
This soil is used mainly for irrigated hay, fruits, and
grazing. Grass-legume mixtures and apples, peaches,
and apricots are grown.
This soil is irriglted by furrows and flooding. Sprinklers
are also suitable. Drop structures in irrigation ditches
help to control water and prevent excessive ditch ero'
sion. Keeping a grass or legume cover on this soil at
least three-fourths of the time controls erosion.
The native vegetation on this soil is mainly wheat-
grass, needleandthread, 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 improves the range' Seeding im-
proves range in poor condition. Crested wheatgrass,
western wheatgrass, and Russian wildrye are suitable for
seeding. Preparing a seedbed and drilling the seed are
good practices.- Cottontail rabbit, squirrel, pheasant, and some mule
deer find habitat on this soil.
Community development and recreation are limited by
steep slopes and low strength.
This soil is in capability subclass lVe, irrigated and
nonirrigated.
S2-Parachute loam, 25 to 65 percent slopes. This
moderately deep, well drained, hilly to very steep soil is
on north- and east-facing mountainsides. Elevation
ranges from 7,500 to 8,700 feet' This soil formed in
residuum from sandstone. The average annual precipita-
tion is 20 inches, the average annual air temperature is
about 40 degrees F, and the average frost-free period is
less than 75 days.
Typically, the surface layer is grayish brown loam
about 5 inches thick. The upper part of the subsoil is
very dark grayish brown and brown loam about 13
inches thick, and the lower part is light yellowish brown
extremely channery loam about 11 inches thick' Hard,
fractured sandstone bedrock is at a depth of 29 inches.
lncluded with this soil in mapping are small areas of
Rhone and lrigul soils. The Rhone soils are in concave
positions. These areas make up 10 to 15 percent of the
map unit. lrigul soils are on ridge crests.
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 limited
grazing.
T
t
I
T
I
T
T
t
T
Ir
T
T
t
T
I
I
t
T
I
I
I .o,,, because it faces
rmbel oak, serviceberry,
lf,\:?,,'n:xT i l,'J:&'"";
Jrt"
find habitat on this
ty development ano as a
ll:.:T: :#::":
1;, 5 to 30 Percent
tffT"U."ftff;:333
soil formed in residuum
Hi:sx?ff":?Ly'#:l
-rt 20 inches, the average
}il:;::,:,TT,,::
es up about 30 Percent,
le up 15 Percent. The
!,,:Ei'#,iJT,g:":;
J :x':J',.0 ffl, ff oo,x',,ill
, upper part of the subsoil
J brown loam about 13
;1,":xl{;J",Xi:l T:ff
;pth of 29 inches (fig. 9).
l;:lr':,T"li"",liE ;,i i!
roff is medium, and the
Htrm,JJxtTlt;l^E
rart is brown sandY claY
le underlying material is
* fxT*f";':;,il",ff.:
ril is moderate, and availa-
3,l'sx;=,J:i"'#:#."iil3
Bpping are areas of lrigul
t"*make uP about 10
y for grazing and wildlife
I soits is mainlv needle-
E
31
When range condition deteriorates, forbs and shrubs
increase. Properly managing grazing maintains and im-
proves range condition. Seeding improves range in poor
condition where slope is less than 15 percent. lntermedi-
ate wheatgrass, slender wheatgrass, and mountain and
smooth biome are suitable for seeding. Preparing a
seedbed and drilling the seed are good practices. Re-
ducing brush on slopes of less than 15 percent improves
deteriorated range, but removing brush may damage
deer habitat.
Many deer and some snowshoe hare and blue grouse
find habitat on these soils-
Use of this soil for community development or as a
source of construction material is limited by depth to
rock and steep sloPes.
This complex is in capability subclass Vle, nonirrigated'
S4-Potts !oam, 1 to 3 Percent slopes. This deep'
well drained soil is on mesas, benches, and sides of
valleys. Elevation ranges from 5,000 to 7,000 feet. This
soil formed in alluvium derived from sandstone, shale, or
basalt. The average annual precipitation is about 14
inches, the average annual air temperature is about 46
degrees F, and the average frost-free period is about
120 days.
Typically, the surface layer is brown loam about 4
inches thick. The subsoil is reddish brown clay loam
about 24 inches thick. The substratum is pinkish white
loam to a depth of 60 inches.
lncluded with this soil in mapping are small areas of
Olney, Kim, and lldefonso soils that have slopes of 1 to
3 peicent. These areas make up 10 to 15 percent of the
map unit.
Permeability is moderate, and available water capacity
is high. Effective rooting depth is 60 inches or more'
Surfaie runoff is slow, and the erosion hazard is slight'
This soil is used mainly for irrigated crops and hay and
for dryland farming. Alfalfa, small grains, and grass-
legume hay are grown.
tnis soil is usually irrigated by flooding. Drop struc-
tures in irrigation ditches, grassed waterways, and mini-
mum tillage control erosion. lrrigation water should be
carefully managed to avoid piping' Cover crops or stub-
ble mulching also help to limit erosion losses in dry-
farmed areas.
The native vegetation on this soil is mainly wheat-
grass, needleandthread, and sagebrush.
Pheasant, mourning dove, cottontail rabbit, some mule
deer, and squirrel find habitat on this soil.
Communrity development and recreation are limited by
low strength and shrink-swell potential' Dwellings and
roads can be designed to compensate for these timita-
tions. Community sewage systems will be needed if the
population density increases.
This soil is in capability subclasses llle, irrigated, and
lllc, nonirrigated.
T
I
SOIL SURVEY
32
T
I
I
T
I
I
t
I
55-Potts loam, 3 to 6 percent slopes. This deep'
well drained, moderately sloping soil is on mesas, bench-
es, and sides of valleys. Elevation ranges from 5,000 to
7,doo feet. This soil formed in alluvium derived from
sandstone, shale, or basalt. The average annual precipi-
tation is about 14 inches, the average annual air tem-
perature is about 46 degrees F, and the average frost-
free period is about 120 daYs.
Typically, the surface layer is brown loam about 4
incn6s thick. The subsoil is reddish brown clay loam
about 24 inches thick. The substratum is pinkish white
loam to a dePth of 60 inches.
lncluded witn tnis soil in mapping are small areas of
Olney, Kim, and lldefonso soils that have slopes of 3.to
6 peicent. These areas make up 10 to 15 percent of the
map unit.
Permeability is moderate, and available water capacity
is high. Effective rooting depth is 60 inches or more'
Surface runoff is slow, and the erosion hazard is moder-
ate.
This soil is used mainly for irrigated crops and hay and
for dryland farming (fig. 10). Alfatfa, small grains, .and
grass-iegume hay -are grown. Small areas are used for
grazing.- Theie soils are usually irrigated by flooding. Drbp
structures in irrigation ditches, grassed waterways, and
minimum tillage prevent serious erosion. lnigation water
should Ue caretuily managed to avoid piping and erosion.
Cover crops or stubble mulching also help to limit ero-
sion in dryfarmed areas.
The native vegetation on this soil is mainly wheat-
grass, needleandthread, 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 biush improves the range. Seeding im-
proves range in poor condition. Crested wheatgrass,
western wheatgrass, and Russian wildrye are suitable for
seeding. Prepaiing a seedbed and drilling the seed are
good practices.- Pheasant, mourning dove, cottontail rabbit, some mule
deer, and squirrel find habitat on this soil'
Community development and recreation are limited by
low strength and the shrink-swell potential. Dwellings
and roads can be designed to overcome these limita-
tions. Community sewage systems will be needed if the
population density increases.' tnis soil is in capability subclasses llle, irrigated, and
lVe, nonirrigated.
SFPotts !oam, 6 to 12 percent slopes. This deep'
well drained, moderately sloping to rolling soil is on
mesas, benches, and sides of valleys. Elevation ranges
from 5,000 to 7,000 feet. This soil formed in alluvium
derived from sandstone, shale, or basalt. The average
annual precipitation is about 14 inches, the average
annual air temperature is about 46 degrees F, and the
average froslfree period is about 120 days'
Typlcally, the surface layer is broryn loam about 4
incn6s thick. The subsoil is reddish brown clay loam
about 24 inches thick. The substratum is pinkish white
loam to a dePth of 60 inches'
lncluded with this soil in mapping are small areas of
Kim, Olney, and lldefonso soils that have slopes of 6a
t i irercent. These areas make up 10 to 15 percent of
the map unit.
Permeability is moderate, and available water capacity
is high. Effective rooting depth is 60 inchEs or more'
Surfice runoff is meditrm, and the erosion hazard is
severe.
This soil is used mainly for grazing, wildlife habitat, and
some dryland farming (fig. 10). Wheat, barley, and oats
are grown.
Mi-nimum contour tillage and stubble mulching help to
prevent excessive erosion.
The native vegetation on this soil is mainly wheat-
grass, needleandthread, and sagebrush." Wh'en range condition deteriorates, forbs and shrubs
increase. Wh]en the range is in poor condition, undesira-
ble weeds and annual- plants are numerous' Properly
managing grazing improves and maintains range condi-
tion. frejuding biush improves range. Seeding improves
range in pooi condition' Crested wheatgrass,- western
whiatgras's, and Russian wildrye are suitable for seed-
ing. P6paring a seedbed and drilling the seed are good
practices.' Community development and recreation are limited by
tow itrength, snrinf iwell potential, and sldpe' Dwellings
and roadl can be designed to overcome these limita-
iions. Community sewagL systems will be heeded if the
population densitY increases.' tnis soil is in capability subclass lVe, irrigated and
nonirrigated.
S7-Potts'lldefonso complex, 3 to 12 percent
slopes. These gently sloping to rolling soils are ^onmeias and sides ot vitleys. Etevation ranges from 5,000
to 6,500 feet. The Potts soil formed in alluvium derived
from sandstone, shale, or basalt. The lldefonso soil
formed in very strongly calcareous, basaltic alluvium and
small amounis of eoiian material. The average annual
precipitation is about 14 inches, the average annual air
temperature is about 46 degrees F, and the average
frost-free period is about 120 days.
The Poits soil makes up about 60 percent of the map
unit, and the lldefonso soils makes up about 30 percent'
The Potts soil is on slightly concave positions, and the
lldefonso soil is on the breaks of steeper slopes.
The Potts soil is deep and well drained' Typically, the
surface layer is brown loam about 4 inches thick. The
subsoil is ieddish brown clay loam about 24 inches thick'
The substratum is pinkish white loam that eltends to a
depth of 60 inches.
I
TI
rl
II
II
tl
:l
ll
I
I
37
This complex is in capability subclass Vlle, nonirrigat-
ed.
67-Torrlorthente-Rock outcrop complex, steep.
This broadly defined unit consists of 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.
lncluded in mapping are small isolated areas of llde-
fonso, Lazear, 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,
lndian ricegrass, needlegrass, bitterbrush, sagebrush,
mountainmahogany and an overstory of pinyon and iuni-
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 affgct 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.
Gomnunity development is limited by the Bock out-
crop, steep slopes, and stoniness. These limitations can
be overcome by appropriate design and construction.
This complex is in capability subclass Vlle, 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 5,000 to 7,200
feet. This soil formed in calcarebus eolian material. The
lutcrop com-
Hxj":;
tne and shale
likH"t::
l'r'33-'3ll:nents are on
outcroo. The
J,:t,"'lll"";
7 deep. They
#i:li*::
River, basaltic
lre generatly
ly rn me suo-
, laver is lioht
3".H',:n:
I"tfllxl
)rn part of the
l:nil'Jl',,:,
20 oercent of
ln"on",, "no
C#:ir"I;
:s and slopes.
IIrffiq'
Im,s'$::
riper improves
]ffiiJ:ffi?
;ring area for
t'i::::::r appropriateI
T
. ,.,:
,. ;. ..
.: l:
REQUEST FOR COMMENT ON
SUBDIVISION EXEMPTION PETITION
TO:Rifle Fire Protection District
FROM:STUVER & LeMOINE, P.C., Attorneys for Applicant
120 West Third Street, P. O. Box 907
Rifle, Colorado 81650
APPLICANT:
Submitted herewith is a copy of the Garfield County Subdivision Exemption Petition of the above
applicant affecting property located at 1985 County Road 293, Rifle, Colorado, within the Rifle Fire
Protection District.
Applicants are taxpayers in the Rifle Fire Protection District, and propose to utilize the services of
thi District to provide fire protection to the real property which is the subject of the petition and any
improvements thereon.
Please provide your comments concerning this proposal at your earliest convenience
This property is within the boundaries of the District
The District will provide fire protection service to this property
The District is owed $-- in impact fees for this proposal
Special risks or hazards are associated with this proposal
[If yes, please comment in this space.]
yes/no
yes/no
yes/no
yes/no
I
I
I
I
RIFLE FIRE PROTECTION DISTRICT
Date
Your attention to this request is appreciated. Please return completed request to Garfield County
Planning Department, P. O. Box 640, Glenwood Springs, CO 81602, with copy to applicant's
attorney. [Pre-addressed, stamped, envelopes provided.]
EXHIBIT
T
I
I
T
I
I
T
I
T
I
t
T
I
I
I
I
t
t
I
I
I
T
PROPOSED
DECLARATION OF PROTECTIVE COVENANTS
LATHAM SUBDIVISION EXEMPTION
Garfield CountY, Colorado
THIS DECLARATION OF COVENANTS is made and entered into by KENNETH L.
LATHAM and MARILYN K. LATHAM whose address is 1985 County Road 293, Rifle, Colorado
81650 on the day and year hereinafter set forth.
WITNESSETH:
The undersigned, owner in fee of that real property described as Lot 1, Lot 2,Lot3 and Lot 4,
Latham Subdivision Exemption, Garfield County, Colorado, desire to subject and to place upon said
real property certain covenants, conditions and restrictions set forth herein, for the purpose of
proteiting the value and desirability of said property, for purpose of furthering the development of
ihe property and in order to comply with conditions of approval of Garfield County for the Latham
Subdivision Exemption.
NOW, THEREFORE, THE UNDERSIGNED hereby declare that Lot 1, Lot Z,Lot 3, dnd
Lot 4 Latham Subdivision Exemption, shall be held, sold and conveyed subject to the following
covenants and conditions:
ARTICLE T
Pets
Not more than one dog of any age or breed shall be kept upon alot at any time. When
outside, all dogs and other pets shall be leashed or restrained within an enclosure. In the event this
covenant is violated, the owner in the lot not in violation may take such action as is reasonably
necessary to correct the violation, including injunctive relief for the removal of any pets creating a
violation of this covenant.
ARTICLE 2
Fireplaces
No open hearth, solid-fuel fireplaces will be allowed on any of the lots. One (1) new solid-
fuel burning stove, as defined by C.R.S. 25-7-4Ol,et seq., and regulations promulgated thereunder,
shall be permitted in a dwelling unit. Dwelling units shall be permitted an unrestricted number of
natural gas or propane burning stoves and appliances'
ARTICLE 3
Lighting
All exterior lighting on any lot shall be the minimum reasonably necessary for the safe use
of the premises, and to the extent possible, all exterior lighting shall be directed toward the interior
of the respective lots, except when absolutely necessary to provide for safety lighting on the
EXHIBIT
T
I
T
T
I
I
T
T
T
T
I
T
I
T
I
T
T
lt
I
premlses
ARTICLE 4
Water and Landscaping Restrictions
Inigation uses on any of the lots shall not exceed that allowed for the respective permit for
each lot
ARTICLE 5
Enforcement
Any aggrieved owner of a lot within the Latham Subdivision Exemption shall have the right
to enforce *y of tn. provisions, covenants, conditions and restrictions contained in this declaration
against the owner of the other lot. The right of enforcement shall include the right to bring an action
fJr damages, as well as an action to enjoin any violation of any provision of this Declaration. Each
remedy piovided under this Declaration is cumulative and not exclusive. In any action or proceeding
under this Declaration, the prevailing party shall be entitled to recover its costs and expenses in
connection therewith, including reasonable attorneys fees and expert witness fees.
ARTICLE 6
Governing Law
This Declaration shall be construed and governed under the laws of the State of Colorado
ARTICLE 7
Severabilitv
Each of the provisions of this Declaration shall be deemed independent and severable, and
the invalidity or unenforceability or partial invalidity or partial unenforceability of any provision or
portion hereof shall not affect the validity or enforceability of any other provision.
ARTICLE VIII
Term of Declaration
Unless amended, each and every term, covenant, condition and restriction contained in this
Declaration shall run with and bind the land, and shall be effective for a period of twenty (20) years
after the date this Declaration is recorded, and thereafter shall be automatically extended for
successive periods of ten (10) years each, but may, at any time, be amended or terminated by
unanimous vote of the owners of each of the lots within the Latham Subdivision Exemption, with
the approval of the Board of Commissioners of Garfield County, Colorado.
ARTICLE IX
Binding Effect
This Declaration shall be binding upon and inure to the benefit of the declarants and their
T
T
T
T
T
I
I
t
T
I
T
T
I
T
T
T
I
I
T]
successors in interest and ownership of Lot l, Lot 2, Lot 3 and Lot 4, Lathart Subdivision
Exemption, and to any person or entity having any right, title or interest in either of said Lots, or any
part thereof, their heirs, personal representatives, successors and assigns. This Declaration shall not
apply to improvements previously constructed and in existence on Lot 2 as of the effective date.
IN WITNESS WHEREOF, the undersigned hereby state and declare that the foregoing
Declaration of Protective Covenants for the Latham Subdivision Exemption shall be effective this
day of 2003
KENNETH L. LATHAM Date
STATE OF COLORADO
COUNTY OF GART'IELD
MARILYN K. LATHAM Date
)
)
)
SS
The foregoing instrument was acknowledged before me on this day of
2003, by I(ENNETH L. LATHAM and MARILYN K. LATHAM
Witness my hand and official seal
My commission expires
Notary Public
PROPOSED
DECLARATION OF
PRIVATE ROADWAY / EASEMENT AND
MAINTENANCE OBLIGATIONS
This Declaration is made this day of
LATHAM and MARILYN K. LATHAM whose address is 1985 County
81650, owners in fee of those real properties described as Lot l,Lot2
Subdivi sion Exemption, Garfield County, C olorado.
2003, by KENNETH L.
Road 293, Rifle, Colorado
, Lot 3, and Lot 4Latham
I
RECITALS
The Declarants are the owners of Lot l, Lot 2,Lot 3, and Lot 4 Latham Subdivision
Exemption, Garfield County, Colorado and, by this Declaration, intend to grant and dedicate jofint
and common rights to the use of a.private driveway serving the Lots, dedicate other easements for
the benefit of the Lots, and impose on the Lots, as covenants running with the land, the obligation
to jointly maintain the drivewaY'
II
GRANT OF EASEMENTS
The Declarants hereby grant and dedicate unto the owners of Lot 1, Lot Z,Lot 3, and Lot 4
Latham Subdivision Exemption, Garfield County, Colorado, their heirs, successors and assigns:
a. a 25' non-exclusive easement upon, over and across, that portion of said Lots, designated as
the*25, Access Easement" on the final plat of the Latham Subdivision Exemption recorded
in the office ofthe Garfield County Clerk and Recorder, at ReceptionNo'
for use by the owners ofthe respective Lots, their successors, assigns, agents,employees,
tenants, guests and invitees, for a private access road
terms, conditions and provisions hereinafter set forth;
, and utility purposes, su bject to the
b a 10'easement for utilities over and across, that portion of said Lots, designated as'110'
Electric and Telephone Easement" on the final plat of the Latham Subdivision Exemption,
recorded in the office of the Garfield County Clerk and Recorder, at Reception No'
for the benefit of the respective lots;
c.a 10' non-exclusive easement, over and across, that portion of said Lot 1, designated as " l0'
Domestic Water Easement" on the final plat ofthe Latham Subdivision Exemption, recorded
in the office of the Garfield County Clerk and Recorder, at Reception No.
Well Commuhityfor joint use of the shared well system as more fully set forth in the Water
Sharing and Maintenance Agreement of even date herewith;
a 10' non-exclusive easement upon, over and across, that portion of said Lots for the
irrigation ditch laterals and pipes existing and in place;
EXHIBIT
d
I
I
T
T
t
t
T
T
T
t
T
t
T
T
T
T
t
T
T
all other easements indicated, designated and described on the Final Plat of the Latham
Subdivision Exemption recorded in ttre office of the Garfield county clerk and Recorder'
at Reception No
The term of the easements herein granted shall be perpetual
The costs of repair, maintenance, clearing, trash removal, snow plofrng' and other expenses
of upkeep and preservation of the road easem"nt ,t utt be the sole responsibility of the owners of Lot
l, Lot 2,Lot3, and Lot 4, Latham Subdivision Exemption, and such costs shall be shared by the
owners ofthe respective Lots, one-qr"rt"i(y+)toLot 1, one-quarter(1/4)to Lot2,one-quarter (l14)
to Lot 3, and one-quarte r (llH)to Lot a. Routine repairs, clearing, trash removal and snow plowing
will be conducted from tirne to time, as deemed necessary by the Lot owners'
Nothing in this Declaration shall be construed to give a Lot owner any rights conceming
easements which do not benefit said owner's Lot, nor to obrigate a Lot owner to pay costs associated
with easements which do not benefit said owner's Lot'
reasonable attorneY' s fees
III
MAINTENANCE OF ROAD EASEMENT
Iv
ENFORCEMENT
v
EASEMENT SERVICE AREA
UTILITIES
This Declaration and the terms, conditions and provisions hereof may be enforced by the
owner of any ofthe Lots, their ,r"r"rror, *d assigns, and in the event legal proceedings are brought
against any party for the pu{pose of such enforcement, the prevailing party or parties shall recover
from the non-prevailing party or parties all costs associatedlherewith, including' but not limited to'
VI
T
I
I
I
I
t
I
t
I
Use of the road easement shall be restricted to access to and from the respective Lots' The
easements may not be used for the parking or storage of vehicles or equipment' The road easement
is subject to the dedication of utility eisements-set forth on the recorded plat of the Latham
Subdivision Exemption. Use of the dit.h.ur..ents are limited to ordinary delivery of inigation
water, together with routine maintenance and cleaning'
The owners of the Lots have granted on the final plat of the Latham Subdivision Exemption'
a perpetual, non-exclusive easement to use the road easement for the purpose of providing utility
service to the Lots or for the repair, maintenance, removal or replacement of said utilities' All
instrumentalities, lines, or facilities placed in the road easemeni shall be maintained in a safe
T
t
T
T
I
T
I
T
I
T
T
T
t
t
I
I
T
I
t
condition by the respective utility company or govemmental agency. No grantee of a utility
easement under the final plat shall in the use, construction, reconstruction, operation, maintenance,
or repair of any utility in any way uffeasonably obstruct or delay the use of the roadway easement
granted herein.
VII
SPECIAL USES
Under no circumstances shall road access be denied to or from any Lots over and across the
road easement for emergency vehicles, maintenance equipment, and government officials while on
official business.
vIII
SUBSEQUENT OWNERS
The easements granted herein are appurtenant to the respective Lots in the Latham
Subdivision Exemption and such easements may not be transfened, assigned or conveyed apart or
separately from thi respective Lots which benefit from the easements. All provisions of this
agreement, including alibenefits and burdens, shall run with the respective Lots subject hereto and
shall be binding upon and shall inure to the benefit of the heirs, assigns, successors and personal
representatives of the Declarants, subject to the provisions hereof'
IN WITNESS WHEREOF, the parties have signed this agreement on the dates following
their respective signatures.
KENNETH L. LATHAM Date MARILYN K. LATHAM Date
STATE OF COLORADO
COUNTY OF GARFIELD
The foregoing instrument was acknowledged before me on this
-
day of
2}03,by KENNETH L. LATHAM and MANLYN K' LATHAM '
Witness my hand and official seal
)
)
)
SS
My commission expires:
Notary Public
T
T
t
I
T
I
T
I
T
I
T
T
T
T
I
I
T
T
T