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2.0 Application to Lease Water
Contract No. Map ID No. Date Activated APPLICATION AND DATA FORM TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT A. APPLICANT Name Four Mile Ranch Joint Venture, clo Frontier Development Address 1205 S. Platte River Drive, 10I -A, Denver, CO 80223 Telephone Number 303 / 733 - 9787 Authorized Agent or Representative Lee Leavenworth S WATER RIGHT OWNED BY APPLICANT Name of Right Fourmile Ranch Well No. .1 and Well No. 2 Type of Structure or Right Wells Location of Point of Diversion NEI/4 of the NW1/4 of Section 34, Twp. 5-S., Rng. 89 W. Well #1 is 2029 ft. from the West Section Line and 433 ft. from the North Section Line. Well *2 will be 2100 ft. from the West Section Line and 380 ft. from the North Section Line. Water Court Case No. n/a Well Permit No. (pending) C. INTENDED USE OF LEASED WATER Location of Area of Use (Include complete and accurate legal description of property on which water right is to be used. May be attached as Exhibit A) ---see attached Exhibit A Fig:tires -a1 and a2. Total Acreage 138.77 Description of Use _Domestic uses within a residential development including irrigation and fire fighting uses. Number of Dwelling Units o� Proposed Potable Water System Central water system supplied by Well Nos. 1 and 2. Proposed Waste -Water Treatment System Central Sewer Treatment Projected. Monthly Volume of Leased Water Needed in Gallons: Depletions ( x 1,000 gals) plus 10% (transit loss) Jan. 35.20 Feb. 31.79, Mar. 35.20 Apr. 34.06 May 520.61 June, 640.82 July 605.55 Aug. 459.93 Sept.351.71 Oct.132.28 Nov. 34.06 Dec.. 35.20 Annual Total Gallons 2,926,400 Acre Feet8.98 Maximum Instantaneous Demand 150 (75 each)gpm D. OTHER REMARKS Seeattached.Table 1 for breakdown of water use estimates and depletion rates. Depletion_arnounts include 10% transit losses to cover SEO administration. Date SiL 4►.1pfee, Signature Contract # Map ID # Date Activated WEST DIVIDE WATER CONSERVANCY DISTRICT Water Allotment Contract Name of Applicant; Four_ Mi lP TUarirll 7njnt- Vin x,rA Quantity of water in acre feet 8.98 Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of C.R.S. 1973, 37-45-101, et seq., (hereinafter referred to as the "District") for an allotment contract to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this application, and subsequent delivery and use of water, Applicant hereby agrees to the following terms and conditions; 1. Water Richt:: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water, which will be supplemented by water leased herein. If Applicant intends to divert through a wall, it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from the State Engineer. 2.Quantity; Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado State Engineer rvdu ingthe periods whenDistt said release direct flow water right is not in p y, the in acre -feat per year ll for the use of Applicant up to said quantity of storage water owned or allotted from ntrolled ydirectflow, storage or istrict. .It is understood that any quantity otherwise, to the Applicant by the District will be limited by the. priority of the District's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terns and conditions of this contract. The Dietrict and the some of the District's decreesmaybein the lname trecognize oftheColorado nd the lity of the River allot direct Conservation frights District,tothea Applicanti may be dependent District dent toon the any consent.of the poRiver determinese it requires less :water ;than atIf h any time the Applicantit may so notify the District in the amount herein provided, writing, and the amount of water allotted under this contract shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and Location of Beneficial_ Use: Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses; Municipal, domestic and related uses, or irrigation and commercial (except to the extent that Ruedi water may not ;. be available for irrigation and commercial as those terms are defined on page 2-07-70-W0547 between the United States and the West Divide Water Conservancy District),'Applicant's beneficial use of any and all water allotted shall be w ormthrough Appli antfsccontrol.facilities or upon land owned, leased, ,,Prunder 4, Decrees and Delivery: Exchange releases made by the District out storage from Ruedi Reservoir, or other works or facilities g o other sourcesavailable toutlet the district, shall bedelivered tothe Applicant at works of said storage facilities or at the decreed point of -l- diversion for said other sources, and release or delivery of water at such outlets or points shall constitute performance of the District's total obliga.t,ion. Delivery of water by the District from Ruedi Reservoir shall be subject to the: District's lease contract with the United States Bureau of Rec'_ansation. Releases from other facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby exp_essly reserves the right to store water an"d to make exchange releases from structures that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant ta this agreement is not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (December 31), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original ,point of diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado State Engineer to estimate any conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case. The District, or anyone using the District's decrees, may call on any additional sources of supply that may be available at an alternate point of diversion, (though not at the original point of diversion) only as against water rights which are junior to the date of application for the alternate point of diversion. 5, Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant. The district reserves the exclusive right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or Janda. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal and engineering costs necessary for any changes in water rights contemplated herein and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use.. Irrespective of the amounts of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of seater allotted under thin agreement. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops, and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under paragraph 18 below. In any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof. 6. Annual payments Annual payment tor the water service described C a be determined acre-foot The erthe by Board Director* oftheDietriot at a peraceinitial annual payment shall be made, in full, within thirty (30) days after the date of notice to the Applicant that the initial payment -2- Annual payment for the water service described herein shall be determined by the Board of Directors sna�District atia fullacre -foot rate, The initial s after the date of notice f cectoe wthe Eull'; within thirty (30) y of the water delivery advise the thaticantrthe inamong other itiil e things, cS and the pride which year the APP= ;hall apply year to which the initial payment is applicable to that year. Annual payments for each year y ,r ant on orc before thereafter shall be due and payable by the Applicant 1. If an annual payment is not made by the cddue to date, each Januarythe Applicant e written notiuc thereof will bee designated by then Applicant at such address as may writing. {If no address has Apbeplicant's sn so $ add ess'set forthnhereln. said notice shall be sent to +App for 'Nater use for any part of a Yater year shall require payment the entire water year. Nothing heredjusting nideallanbelconstrued Its asvle prevent the District f�a�e only. discretion for future y after the If payment is not made Appliithincant sten tenhall Distdays of to sole option have no further rig date of said written notice,ht, title or interest under this contract without further notice and delivery may be immediately may be curtailed) and the orlotment of otherwi a disposed as of atein the discretion of transferred, the Board of Directors of the District• to the District, the Securite As securityin advance of water foregoing 7covenant l annual nualents budget and appropriation of met by bet legally available to delivery, will be fullyto the legally District, the the from such sources additionalesecurity person, the Applicant, d harmless the District and any Applicant , uaso governmental entity,- yr other governmental corporation, q the failure of thea entity, for discontinuance inaSeVL a detain contemplated an e Applicant to maintain the payments current basis, out-of-pocket expenses Applicant agrees to defray any the District in connection with the a11Otmentsorfeof water er recurred by including, but not limited to, utter rights hereunder,dincosts incurred in connection onne do ntwitusanyf such regal and engineering to allow App rights and adjudication necessary allotted water rights.inure Assignment: This agreement shall attire ho the h e cert that no assignment �" successors or assigns of the p benefit of the a rs' shall be permitted in the event the water right allotted hereunder is or pothe vise for hse da ofor than eaten ed in land which will besubdivided by two (2) or more sig -ht. a ownership hereunder.In no evont shall theowner tof bea of the RPP rig -ht. allotted hApplicant's property have any rights hereunder. Any portion but less than all, servedsignunder this contract, tights under this contract shall ube assignment t of the App with, such req Dist5Lo to, and afte comply regarding assignment of contract hereafter adopt arsons by assignees and District may tion of contract obligations portion rights and the thing shall prevent succetsersDiotrict for Nothing herein to Successors. � ro ertY from applying inApplicant's separate allotment contracts. the individual and sip Applicant shall be bound by Act of Colorado; by the rules 9. Other; Rules: the District; all e Hater onsarvancy, and regulations of t' the Board of Directors of and by all and ll and regulations of supplements thereto amendmentsthereofand applicable Aacsemant, Applicant eanant with the 1© c7esratian and Maintenance nteance 9r the by ' Board of aha? S enter �,nto an P and con terms ,end canditiona determined o.' said District pistrict under if and when, Dirackocs of the District, -3- def .rmines in its sole discretions that such annoagrbe limited ement le required. Said agreement -,may contain, connoderation for to, provisions Ear additional annual lrvfcestarard for additional extension of District delivery administration, operation, and maintenance costs or for other cysts to the District which may arise through services made available to the Applicant. 11. Chance of User The District reserves the s&ed change tve in right to review, reapprove or disapprove anuse Dupe than that set use of the water allotted hereunder. forth heroin or any lease or 'sale of the water of hutitten DPP water rights he allotted hereunder without the prior District shall be deemed to be a material breach fthis tocontract. 12. Cise and pcelao Use: Applicant agrees se the; water in the mannas ana on fns property described in the documents this reference submitted to the Distric�c�Cpvrat d ehsreinagb�ement is execute (said documents are provided thereto), or in any operation and maintananca agree -est p by Applicant. Any uaa other than as set forth thereon tornany s lease oe sane of the shallor water ibetdeemedito ba a material permitted to P breach of this agreement teed that nothing 13. Titles It is u der the Applicastood and nt any equitable or herein shall be nterpreteto g water or water rights legal fee title interestt in or to any referred to herein. shall use commonly Conservati4na Applicant seater and 14. practices With respect to the any accepted hes h ereinn and hereby egress to be bound by seater rights herein, the District for use at conservation plan adopted hereafter by District owned or controlled water or water rights. es 15. Restrictions: Applicant shall for este strict usaentas follows �� unless spec r c Ova vers are app material Violation of these restrictions anal_'be dossed to be a breach o!•thio- age gmentil ,- e;•-..... . Annual Hadmum Div4rsivn Use 1/3 acre foot Ec;;se•old Domestic (includes lawn) 1 . t 1 sere Acre toot/100 head Livestock (cattle) 2 - r3 acro feet/acre Irrigation divert 16. Well. Permits It Applicant intends to through well, Gen App- cant must provide to District a coed to y oE Applicant's 'valid well permit before District is obits deliver any water hereunder. agreement, �e ll2_ tationer Sy executing this agleem or 17. s not relying on any Applicant agneas tat a advice that he may believe he has received from the engineering as obtained all District.. Applicant further eek advice 'acknowledges his eown sources our chat other necessary legal and engineering acknowledges Applicant further or assurances whatsoever the than the makes guarantees, warranties, ursuant to this District mquas it g quality of water available provide the'watis aboutgthe quantity ar to p no damages may be assessed against the agreement. should the District be unah e contracted for h Applicant r istrict, nor may Applicant obtain a refund from the District. Costs of Applicant's contract Water Court Filin•r AShould the District, U. •ni c Q4:e nc u•e pp Dint or diversion he its own disc a court tiling for alts rnate hereby agrees to pay to heroin in a Ovate: then App the or plan of at3g•:sntati4an additional fee represen Applicant's' the District, when assessed, raso District's actual and reasonable coats and Ease for Pp share of the proceeding. -4- 19. Binding Agreement: This Agreement shall not be complete nor binding upon -,the District unless attached hereto is the form entitled "Application for Purchase of Waters from the West Divide Water Conservancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. O. Warning IT IS THE SALE RESPONSIBILITY QF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RICHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. APPLI_ NT: By APNT ADDRESS STATE OF COLORADO ) ) Bs. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me an this ` day of\rolirr'"7t1 , 19E by Witness ray hand and official seal. My commission expires: G 000 0 ( buigfta,-0 14v t-a-1rY Pub ORDER After a hearing by the Board of Directors of the West Divide Water Conservancy District on the above application, it is hereby ORDERED that said application be granted and this contract shall be and is accepted by the District. WEST DIVIDE WATER CONSERVANCY DISTRICT By ATTEST: President Secretary Date This contract includes and is subject to the terts.and conditions of the following documents which must accompany this contract: ' 1, Map showing location of point of diversion (use map provideu)t 2. Application and Data Form Cully completed and signed 3. Other -5- • • • PROPERTY DESCRIPTION A PARCEL OF LAND SITUATED IN THE SW1/4NE1/4, THE SE1/4NW1/4, THE SW1/4 AND THE SE1/4 OF SECTION 27 AND IN THE NE1/4 AND THE NW1/4 OF - SECTION 34, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN; COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 27; THENCE N 88°28'35" W ALONG THE EAST -WEST CENTERLINE OF SAID SECTION 27 1127.60 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF COUNTY ROAD NO. 117 (FOUR MILE ROAD), THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EAST - WEST CENTERLINE N 18°56'44" W ALONG SAID EASTERLY RIGHT-OF-WAY 36.69 FEET; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY N 73°20'59" E 38.23 FEET; THENCE N 82°06'12" E 63.31 FEET; THENCE N 86°20'37" E 270.00 FEET; THENCE N 85°10'08" E 785.86 FEET TO A REBAR & CAP L.S. #6973 IN PLACE; THENCE S 54°17'37" E 186.62 FEET TO A REBAR & CAP L.S. #6973 IN PLACE; THENCE S 53°49'22" E 151.66 FEET TO A REBAR & CAP L.S. #6973 IN PLACE; THENCE S 43°17'21" E 231.65 FEET TO A REBAR & CAP L.S. #6973 IN PLACE; THENCE S 13°45'28" E 432.09 FEET; THENCE S 09°31'33" E 752.63 FEET TO A POINT ON THE SOUTHERLY LINE OF THE N1/2SE1/4 OF SAID SECTION 27, A REBAR & CAP L.S. #5447 IN PLACE; THENCE S 88°26'43" E ALONG SAID SOUTHERLY LINE 337.95 FEET; THENCE LEAVING SAID SOUTHERLY LINE S 01°26'34" W 750.13 FEET; THENCE S 88°24'24" E 293.01 FEET TO A POINT ON THE EASTERLY LINE OF THE SW1/4SE1/4 OF SAID SECTION 27; THENCE S 01°25'47" W ALONG SAID EASTERLY LINE 593.22 FEET TO THE EAST 1/16 CORNER. OF SECTIONS 27 AND 34; THENCE S 08°36'18" W 691.41 FEET; THENCE N 79°38'39" W 447.68 FEET; THENCE N 84°09'51" W 254.28 FEET; THENCE N 83°37"26" W 279,76 FEET; THENCE N 83°46'47" W 395.98 FEET; THENCE N 83°37'23" W 309.58 FEET; THENCE N 84°01'09" W 354 .18 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF SAID COUNTY ROAD NO. 117, A REBAR AND ALUMINUM CAP IN PLACE; THENCE THE FOLLOWING FIVE (5) COURSES ALONG SAID EASTERLY RIGHT-OF-WAY: 1. N 10°48150" W 82.8.56 FEET 2. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 680.30 FEET AND A CENTRAL ANGLE OF 37°20'20", A DISTANCE OF 443.34 FEET (CHORD BEARS N 07°11'40" E 435.54 FEET) 3. N 25°51150" E 316.05 FEET 4. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 881.92 FEET AND A CENTRAL ANGLE OF 44°40'10", A DISTANCE OF 687.57 FEET (CHORD BEARS N 03°31'45" E 670.29 FEET) S. N 19°25'02" W 1043.51 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINING 138.773 ACRES, MORE OR LESS. Exhibit A Estimated Water Requirements - Four Mile Ranch Water Use inputs Consumptive Use ''. . (B) (9) (10) (11) (12) (13) (14) (15) Domestic Commercial Dam\Comm Open Space Livestock Avg in-house in-house Irrigation Irrigation Total Total Flow (ac -ft) (ac-tt) (ac -ft) (ac -ft) (ac -ft) jiac-ft) (gaIx1000) (gprn) R P;adddf:Jr O rioi n d odd'-'-- §§§§§§§§ 0 8888$8$$ O 0 0000 88888888 ooa000do myrm 00000000 ddOddddo R o N Orf d d 0 R O of O d a 0 ;` O C: O d O O uP 4 1Y^, c,"3 o O a A r a5alm u0] m O 0 g r h 4 o O' 0 U r W *- Tr m O 0 r m 0.095 0.00 0.91 0,00 0.000 1.01 328.8 7.611 R oda D R O § O 888 d N O 888 000 wowmamomoom mom goo odd N- Q ;r1 O d O© O O 8 O. R 0 O O O o 8 O 711 „; 7 (0 p. '0 6� o C 0 4a, 0 0 P+ 0 0 'r r Diversion Requirements (1) (2) (3) (4) (5) (6) (7) Domestic Commercial DomlComm Open Space Livestock Average In-house In-house Irrigation Irrigation Total Flow (ac -ft) (ac -ft) (ac -ft) (ac -ft) (ac -ft) (ac -ft) (gpm) M Sal (1 r r rr^ Fa R 41 r r^ r •-• 0000000 0000000 8808888 oddd000 88082 0 oddo 8088888 o d d O A 2 rrrrrr m 0 d 6 r N M En E S M N r ej Y 4 NV N r(V PV o d o d _ _ O m p O r I 1964. 0.00 1.69 0.00 0.000 3,66 _-_26.7 €'' cl C"1,-- N f+7 Cl NI- 000 000 088 000 r7g4 0 ,-(613 888 d 0 O G @ d rrr 11 1.964 0.00 0.00 0.00 0.000 1.96 14.3 1 b in G N ,- %1 Ca d 0 0 T.- 4 T 0 d N rn7 N C C 17m a,fo g fa j 7 0D co N U a To e -IPJ Pv) 9600 11, MZ/ L 682 P I I G}8,, I y I ;1� I ; 4'qe a z rsz W O.cn or; 0 r47. C7 L CD o 0 CC L 0 rz C) wv 0 Job #: 93505.1 Rng. 89 W. 1;=1 AT 157 VA 4 IL'.'�C tiLSL 't;�.� -�—P r ' f v^ li+. ! -�F 14 Puk 7.481 7-1 • Twp. 6 S. 4 r Four Mile Ranch_ 1 111 County Road 117' ffi.Jll'J Four Mile Ranch Wells #1 and #2 �tt11 l0, LOCATION MAP FOUR MILE RANCH IEV 40 DATE SCALE r.:1000' DATE January 21, 1997 SME_i. 1 of REVISION MADE CHKO APPD PRAWN: aY 5Y 3Y TLL CHKO: TR APPO: PLAN: 3505.11m oo ,o.n...OrnAra _.c .lir �fw.' 1C.....A. .. Gn.w.. 5brga. CO Mel 10,011.117? FIGURE. NC: PROJECT: 92505 1 • • WEST DIVIDE WATER CONSERVANCY DISTRICT P. O. BOX 1478 RIFLE, COLORADO 81650-1478 625-1887 Officers President 876-2921 Kelly Couey 4745 C.R. 315 Silt, CO 81652 Vice President Samuel 8. Potter 0598 C;R. 323 Rifle. CO 81650 Treasurer/Alternate Sec. Laverne Starbuck 3106 C. R. 342 Silt. CO 81652 Secretary William M. Zilm 0090 Sunlight Or. Glenwood Springs, CO 81601 February 4, 1997 Four Mile Ran Joint Venture c/o Fronti3e Development - 1205 S. -Pratte River Drive, 101-A Denver/CO 80223 Ladies and Gentlemen: Board.of Directors Kelly Couey 4745 C. R. 315 Silt. CO 81652 William M. Zilm 00'90 Sunlight Or. Glenwood Springs. CO 81601 LaVerne Starbuck 3106 C.R. 342 Silt. CO 81652 Larry 5. Axthelm 1002 Cooper Ave. Glenwood Springs. CO 81601 Samuel 8. Potter 0598 C.R. 323 Rifle. CO 81650 Enclosed is your approved contract #970122FMRJV(a). Please read the contract carefully if you have not already done so, but please especially note paragraph 2 concerning availability of water. West Divide obtains its storage water from Ruedi Reservoir and Green Mountain Reservoir. Current federal policy has made it increasingly difficult to predict availability of water to West Divide. While we cannot guarantee that we can make any water available to you under this contract, we will continue to do everything possible to assure availability of the federal water while we develop alternative supplies. This water allotment contract may require you to obtain a well permit from the State Engineer's office. Once your well is drilled you are required to install a measuring device and submit a meter reading to West Divide. You will be provided with a special form for this purpose upon notification that your well has been drilled. Four Mile Ranch Joint Venture February 4, 1997 Page 2 Non-compliance with measuring and reporting requirements are grounds for cancellation of your water allotment contract with West Divide. This could result in action by the State Engineer which could prevent your further use of your well. Sincerely yours, Janet Maddock Administrative Assistant Enclosure cc The State Division of Water Resources w/enclosure Division No. 5 Water Resources w/enclosure The Colorado River Water Conservation District w/enclosure District No. 45 Water Resources w/enclosure Edward J. Currier, P.E. w/enclosure j-C'hristopher Manera, P.E. w/enclosure 40 • Contract No. 970122 FMRJV (a Nap iD No. 244 Date Activated 1/38/97 APPLICATION AND DATA FORM TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT A. APPLICANT Name C'-..,.. •„{; - _ --. r„ 'i� i�� i ri i'---:IPL�ripmPR- �. _ Address 17119 S. Plattp River Tfriva. 101-A. apinvar, rn O121 Telephone Number 303 / 733 - 9787 Authorized Agent or Representative Lee Leavenworth B WATER RIGHT OWNED BY APPLICANT OR BEING APPLIED FOR Name of Right Fourmile Ranch Well No. 1 and Well No. 2 Type of Structure or Right Wells Location of Point of Diversion (description from decree or perm±:t) NE4 of the NW4 of Section 34, Twp. 6 S., Rnq. 89 W. Well #1 is 2029 ft. from the West Section Line and 433 ft. fzam the North Section Line. Well *2 will be 2100 ft. from the West Section Line and 380 ft. from the -North Section Line. Water Court Case No. n/a Well Permit No. (pending) C. INTENDED USE OF LEASED WATER Location of Area of Use (Include complete and accurate legal description of property on which -water right is to be used. May be attached as Exhibit A) --=see attached Exhibit A • Figures *1 and *2. Total Acreage 138.77 Description of Use Domestic uses within a residential develorornent including irrigation and fire fighting uses. Total Number of Dwelling Units Number of Constructed Units 0 Number of Vacant Lots 59 9 Potable Water System Central _water system supplied by Well Nos. 1 and 2 Waste -Water Treatment System Central Sewer Treatment Type of Meteror Measuring Device Meter Projected Monthly Volume of Leased Water Needed in Gallons: Depletions (x 1,000 gals) plus 10% (transit loss) Jan. 35.20 Feb. 31.79 Mar. 35.20. 34.06 May 520.61 Apr. June.640.82 July 605.55 Aug. 459.93 Sept.361.06 Oct.132.28 Nov. 34.06 Dec.. 35.20 Annual Total Gallons 2,926,400 Acre Feet 8.98 Maximum Instantaneous Demand 150 (75each)gpm D. OTHER REMARKS See attachedrTable 1 for breakdown of water use estimates and depletion rates. Depletion amounts include 10% transit losses to cover SEO administration. • Date 464 lc-nt amtey (11#61°"/ - FOUR MILE RANCH JOINT VENTURE By Loyal E. Leavenworth, Attorney for Applicant Applicant • PROPERTY DESCRIPTION • A PARCEL OF LAND SITUATED IN THE SW1/4NE1/4, THE SE1/4NW1/4, THE SWI/4 AND THE SE1/4 OF SECTION 27 AND IN THE NE1/4 AND THE NW1/4 OF SECTION 34, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN; COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 27; THENCE N 88°28135" W ALONG THE EAST -WEST CENTERLINE OF SAID SECTION 27 1127.60 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF COUNTY ROAD NO. 117 (FOUR MILE ROAD), THE TRUE POINT QF BEGINNING; THENCE LEAVING SAID EAST - WEST CENTERLINE N 18°56'44" W ALONG SAID EASTERLY RIGHT-OF-WAY 36.69 FEET; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY N 73°20'59" E 38.23 FEET; THENCE N 82°06'12" E 63.31 FEET; THENCE N 86°20'37" E 270.00 FEET; THENCE N 85°10'48" E 785.86 FEET TO A REBAR & CAP L.S. #6973 IN PLACE; THENCE S 54°17'37" E 186.62 FEET TO A REBAR & CAP L.S. #6973 IN PLACE; THENCE S 53°49'22" E 151.66 FEET TO A REBAR & CAP L.S. #6973 IN PLACE; THENCE 5 43°17'21" E 231.65 FEET TO A REBAR & CAP L.S. #6973 IN PLACE; THENCE S 13°45'28" E 432.09 FEET; THENCE 5 09031'33" E 752.63 FEET TO A POINT ON THE SOUTHERLY LINE OF THE N1/2SE1/4 OF SAID SECTION 27, A REBAR & CAP L.S. #5447 IN PLACE; THENCE 5 88°26'43" E ALONG -SAID SOUTHERLY LINE 337.95 FEET; THENCE LEAVING SAID SOUTHERLY LINE S. 01°26'34" W 750.13 FEET; THENCE 5 88024124" E 293.01 FEET .TO -A POINT ON THE EASTERLY LINE OF THE SW1/4SET/4 OF SAID SECTION 27; THENCE 5 01°25147" W ALONG SAID EASTERLY LINE 5.3.22 FEET TO THE EAST 1/16 CORNER OF SECTIONS 27 AND 34; THENCE S 08°36'18" W 691.41 FEET; THENCE N 79°38'39" W 447.68 FEET; THENCE N 84°09'51" W 254.28 FEET; THENCE N 83°37'26" t 279.76 FEET; THENCE N 83°46'47" W 395.98 FEET; THENCE N 83°37'23" W 309.58 FEET; THENCE N 84'01'09" W 354.18 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF SAID COUNTY ROAD NO. 117, A REBAR AND ALUMINUM CAP IN PLACE; THENCE THE FOLLOWING FIVE (5) COURSES ALONG SAID EASTERLY RIGHT-OF-WAY: 1. N 10048'50" W 828.56 FEET 2. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 680.30 FEET AND A CENTRAL ANGLE OF 37°'20'20", A DISTANCE OF.443.34 FEET (CHORD BEARS N 07°11'40" E 435.54 FEET) 3. N 25°51"50" E 316.05 FEET 4. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 881.92 FEET AND A CENTRAL ANGLE OF 44°40'10", A DISTANCE OF 687.57 FEET (CHORD BEARS N 03°31'45" E 670.29 FEET) 5. N 19°25'02" W 1043.51 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINING 138.773 ACRES, MORE OR LESS. Exhibit A tc r" fig rwr r a� .'• CE7 n Crone MZ% L 6 0 mt 2 rtt0 ea L G3 Date: Jan 97 Ire s, y 0 a • 1 `- 5 J rwo I. O 4`. I N 4 _ . Rng. 89 W. 1' r Tri_ Park -127 ;•-•• H Twp. 6 S. k '. \ Coke. Four Mile Ranch ))))))) )))) i' -‘'-'i"i: V :) IP no; ri ill)I.1 ` �',1 !141'71 z 72', 0 -County Road ad 1 '17•FT‘=----...--;/inli 1 V(d VI,/ 11 Four Mile Ranch Wells #1 and #2 LOCATION MAP CAL`. DATE. I•-,2 00 January 21, 1997 or FOUR MILE RANCH rlEV DATE Atli REVIS1CN MADE C:HKO AP PQ DRAWN: ICHKO: IAPPD: EY BY 3Y TLL TAZ PLAN: o..p...n.,ww• icm c.w-...—. 93:45. timap EL.+..:a..v.. CO UMn+a s.%1IX FIGURE NC: PROJECT; 9_`991 Water Use Inputs ' Ottler [Demands Pond Surface Area 0.00 acres Annual Net Evaporation 3.00 ft Livestock 15gal/day 0.00 units # gallons/day/unit 15.00 gallons Irrigated Open Space 0.00 acres Application Efficiency 70% Cro. Int re.mnt CIR 2.07 ft I Commercial Demands # of Commercial units 0.01 # persons/unit 3.5 # gallons/person/day 100 gpcd Percent Consumed 15% Lawn Irrigation 2500 sq-ft/unit Application Efficiency 70% Cro. frri. re.mnt CtR 2.07 ft w C ruE m a u N as E # of Residences 59.0 units # persons/residence 3,5 cap/unit # gallons/perso&day 100 gpcd Percent Consumed 5% Lawn Irrigation 2500 sq-ft/unit Application Efficiency 70% Crop lrrig reqmnt (CIR) 2.07 ft 0 0 up up m 7 N 0 O Q E 0.089 0.00 0.00 0.00 0.000 0.09 28.9 0-711 CD c .6 EN — r o 6 S d 6 S a tn o 6 0.098 0.00 0.27 0.00 0.000 0.37 120.3 2.7 11 R F- 6 6 6 6 v.) M 6 6 d 6 S0 0 6 S 4 6 0 SS 6 6 0 S 6 6 ID ID 0 0 a a 1 O ui K a CCfj c'rf �i . CO 6 0 a 0a a f+ S a ez, r Diversion Requirements 1 (1) (2) (3) (4) (5) (6) (7) Domestic Commercial Dom\Comrn Open Space Livestock Average In-house In-house Irrigation Irrigation Total Flow fac-ft) fac-ft) (ac-fI) (ac -ft) (ac -it) (ac -ft) Wpm)_ En y .' hi G) r ci 0 ci o 6 $a8688 c) V' 03 C•1 Q - n r 0 SSSS a S 0 0 r N C°% r m Y C] s 9 O 6 01 c•1 4 r 063a .^ o 0 ❑ 6 C1 in ci N c, O ©ri rn Y 6 v CO 1.901 0,00 2.42 0.00 0.000 4.32 32,6 1.964 0.00 2.27 0.00 0.000 4.24 30.9 1.-- N (D 7 N N to N a C'i c•i 06 0 S ci 0 ID c'7 r '," S6 6 6 v 01 07 1 1.964 0.00 0.39 0.00 0.000 2.35 17.2 T r' Ohl r 6 0 6,6 Q Ci 6 Q06 6 01 C'Y v r .- ra S O 6 v 07 23.127 0.00 10.01 0.00 0.000 33.14 20.50 C; 0'7 PCS y LL.. tp rL a. +a = Q 2 '7 •.• 7= al V '3 Q N O 0 Z W o b . Name of Applicant: Contract # 970122r?4RJV(a) Map ID m 244 Date Activated 1/30/97 WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT/LEASE Four Mile Ranch Joint Venture Quantity of Water in Acre Feet: 8.98 Applicant. hereby applies to the West Divide Water Conservancy District. a political subdivision of the State of Colorado. organized pursuant to and existing by virtue of C.R.S. 1973. §37-45-1.01 et Jen.. (hereinafter referred to as the "District") far an allotment contract/lease to beneficially and perpetually use water or water rights owned. leased. or hereafter acquired by the District. By execution of this contract/lease and the attached application. Applicant hereby agrees to the following terms and conditions: 1. Water Riahts: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water. which will be supplemented and augmented by water leased herein. If Applicant intends to divert through a well. it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources. 2. Ouantitr Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's paint of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in acre feet per year of storage water owned or controlled by the_District. It is understood that any quantity allotted from direct flow, storage or otherwise. to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terms and conditions of this contractllease. The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein provided. Applicant may so notify the District in writing. and the amount of water allotted under this contract/lease shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3.. Beneficial Use and Lodation of Beneficial Use: Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses:-. municipal. domestic and related uses. ar commercial (except to the extent that Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract No. 2-07- 70-W0547 between the United States and the West DivideWater Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon land owned. leased, operated. or under Applicant's control, 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir aid Green Mountain Reservoir. or other works or facilities of the District, or from other sources available to the District, 311 be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources, and release ar delivery of water at such Outlet or points shall constitute performance of the District's total obligation, Delivery of water by the District from Ruedi Reservoir or Green Mountain Reservoir shall be subject to 1. the District's lease contracts with the United States Bureau of Reclamation. Releases from other facilities available to District shall be subject to the contracts, laws, rules. and regulations governing releases therefrom. Furthermore, the n'�Fstrict hereby expressly reserves the right to store water and to make exchange releases from structures that may be built 0 controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement. is not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (October I), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water servicearavided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right. and neither the District. nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate paints of diversion. The District shall request the Colorado -Division of Water Resourcesto estimate any conveyance losses between the original point and any alternate point. and such estimate shall be deducted from this amount in each case. 5. Alternate Point of Diversion and Plan of Auamentation: Decrees for alternate points of diversion of the District's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant. The District reserves the right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated herein. and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of make annual payments to the District,based upon the amount of water allotted under this diversion. the Applicant shall .ntract/lease. In the event the Applicant intends to apply for an alternate paint of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder. the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder. Applicant shall not be obligated to pay any amount under Paragraph 18 below. In any event. the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof. 6. Contract/lease Payment: Non-refundable. ane time administrative charge. in the amount determined by the Board of Directors of the District from time to time, shall be submitted with the application for consideration by the District. Annual payment for the water service described herein shall be determined by the Board of Directors of the District. The initial annual payment shall be made in full. within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant. among other things, of the water delivery year to which the initial payment shall apply and the price which.is applicable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1, If an annual payment is not made by the due date a flat -55O late fee will be assessed. Final written notice prior to cancellation will be sent certified mail, return receipt requested. to the Applicant at such address as may be designated by the Applicant in writing or set forth in this contract/lease or application. Water use for any part of a water year shall Squire payment for the entire water year. Nothing herein shall b^ constr.ad so as to prevent the District from adjusting M annual rate in its sole discretion for future years only. 2 If payment is not made within fifteen (15) days after the date of said written notice. Applicant shall at District°s sole option have no further right, title or interest under this contractllease without further notice. and delivery ay be immediately curtailed. The allotment of water, as herein made, may be transferred. leased. or otherwise disposed of the discretion of xrie Board of Directors of the.Qistrict. Upon cancellation of this water allotment contract/lease with the District. the District shall notify the Division of Water Resources offices .ar and Glenwood Springs. The Division of Water Resources may then order cessation of all water use. 7. Additional Fees and Costs: Applicant agrees to defray any expenses incurred by the District in connection with the allotment of water rights hereunder, including. but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8. Assignment: This contractllease shall inure to the benefit of the heirs. successors or assigns of the parties hereto. Any assignment of the Applicant's rights under this contract/Tease shall be subject to, and must comply with, such requirements as the District may hereafter adopt regarding assignment of contractllease rights and the assumption of contractllease obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment contracts/leases. No assignment shall be recognized by the District except upon completion and filing of proper farms for change of ownership. Upon the sale of the real property to which this contractllease pertains„ Applicant has a duty to make buyer aware of this contract/lease and proper farms for change of ownership must be completed. 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado: the rules and regulations of the Board of Directors of the District: and all amendments thereof and supplements thereto and by all other applicable law.'"' 10. °aeration and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement" with the District under terms and conditions determined by the board of Directors of the District. if and when,, the Board of said District determines in its sole discretion that such an agreement is required. Said agreement may contain. but shall not be limited to. provisions for additional annual monetary consideration for extension of District delivery services and for additional administration. operation. and maintenance casts: or for other costs to the District which may arise through services made available to the Applicant. 11. Chance of Use: The District reserves the exclusive right to review. reapprove or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this contract/lease. 12. Use and Place of Used, Applicant agrees to use the water in the manner and on the property described in the documents submitted to the District at the time this contractllease is executed. or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above. shall be deemed to be a material breach of this agreement. 13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal fee title interest in or to any water or water rights referred to herein. 41111 14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water rights herein. and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 3 15. Restrictions• Applicant shall restrict uses as follows (unless specific waivers are appended to this contract/lease). Violations of these restrictions shall be deemed to be a material breach of this contract/iease, Uwe, Annual Maximum Diversion Household 1/3 acre foot Domestic (includes lawn) 1 - 3 acre feet Li”es`ock ,,_":' 1 acre foot/100 head 16. WellfgPermit: If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well permit before District is obligated to deliver any water hereunder. 17. Meas_urina Device or Meter: Applicant agrees to provide at its own expense an adequate measuring device or meter to continuously and accurately measure at all times all water diverted pursuant to the terms of Applicant's water right and the terms of this contract/lease. Applicant agrees to provide accurate readings from such device -or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result in legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. - 18. Representations: By executing this contract/lease. Applicant agrees that it is not relying on any legal or engineering advice that Applicant may believe has been received from the District. Applicant further acknowledges that it has obtained all necessary legal and engineering advice from Applicant's own sources other than the District. Applicant further acknowledges that the District makes no guarantees, warranties. or assurances whatsoever about the quantity or quality of water available pursuant to this contract/lease. Should the District be unable to provide the water contracted for herein. no damages may be assessed against the District, nor may Applicant obtain a refund from the District. 19. Costs of Water Court Filing andAudmentation Plan: Should the District, in its own discretion. II,oose to include Applicant's contract/lease herein in a water court filing for alternate point of diversion or plan of augmentation. then Applicant hereby agrees to pay to the District, when assessed. an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceedings. 20. Bindino Agreement: This agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application and Data Form to Lease Water From West Divide Water Conservancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. 21. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT/LEASE. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS. FILING STATEMENTS OF BENEFICIAL USE. OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. Applicant: Appl Applicant: FOUR MILE RANCH JOINT VENTURE By Loyal E. Leavenworth Attorney for Applicant F'ontier Development, 12055. Platte River Drive, #101—A enver, I3U2:2J 4 STATE OF COLORADO ) ) ss. •O(JNTY OF GARFIELD ) The foregoing instrument was acknowledged before me on this 27 hday of January Loyal E. Leavenworth Witness my hand and official seal. a My commission expires: 11/8/2000 ORDER . 19 97 by L LC C'c__.._. Notary Public J After a hearing by the Board of Directors of the West Divide Water Conservancy District on the application. it is hereby ORDERED that said application be granted and this contract/lease shall be and is accepted by the District. 1111, ATTEST: Secretary WEST DIVIDE WATER CONSERVANCY DISTRICT By Presiders cfic ..k.• ,3DB I T 9 7 Date This contract/lease includes and is subject to the terms and conditions of the following documentswhich must accompany this contract/lease: • 1. Map showing location of point of diversion (use map provided) 2. Application and Data Form fully completed and signed 3. 5 LOYAL E. LEAVENWORTH CYNTHIA C. TESTER DAVID E. LEAVENWORTH, JR. JOSLYN V. WOOD* GREGORY J. HALL °Admitted in Hawaii and Texas only LEAVENWORTH & TESTER, P.C. ATTORNEYS AT LAW March 5, 1998 Mark Bean, Director Garfield County Regulatory Office & Personnel Department of Development 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Re: Four Mile Ranch Subdivision Dear Mark: 1011 GRAND AVENUE P.O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (970) 945-2261 FAX: (970) 945-7336 My client is in the process of trying to finalize a development loan for the Four Mile Ranch Subdivision process and needs the written resolution approving the preliminary plan for the project as soon as possible. If I can be of assistance in drafting the resolution, I would happy to do so. Also, I would very much like to see a draft before it is signed, so I can comment based on my notes and recollections of the meeting. If I can be of any assistance, please feel free to contact me. Very truly yours, LEAVENWORTH & TESTER, P.C. Loyal E. Leavenworth LEL:11n cc: Four Mile Ranch Development Company COLODNY-Bean-ltr-1 • OWNER PLANNER ENGINEERING • LEGAL • FOUR MILE RANCH SUBDIVISION PRELIMINARY PLAN SUBMITTAL SEPTEMBER 1997 M -R COLORADO INVESTORS, INC. ONE & A QUARTER MILE RANCH, INC. CIO FOUR MILE RANCH JOINT VENTURE 1205 SOUTH PLATTE RIVER DRIVE, SUITE 101A DENVER, CO 80223 TELEPHONE (303) 733-9787 FAX (303) 733-9802 SUNNY VANN, AICP VANN ASSOCIATES, PLANNING CONSULTANTS 230 EAST HOPKINS AVENUE ASPEN, CO 81611 TELEPHONE (970) 925-6958 FAX (970) 920-9310 THOMAS A. ZANCANELLA, P.E. ZANCANELLA & ASSOCIATES, INC. P. O. BOX 1908 1005 COOPER AVENUE GLENWOOD SPRINGS, CO 81602 TELEPHONE (970) 945-5700 FAX (970) 945-1253 JOE D. HOPE, P.E. HIGH COUNTRY ENGINEERING, INC.. 923 COOPER AVENUE GLENWOOD SPRINGS, CO 81601 TELEPHONE (970) 945-8676 FAX (970) 945-2555 LOYAL E. LEAVENWORTH, ESQ. LEAVENWORTH & ASSOCIATES, P.C. P. O. DRAWER 2030 1011 GRAND AVENUE GLENWOOD SPRINGS, CO 81602 TELEPHONE (970) 945-2261 FAX (970) 945-7336 • Four Mile Ranch Pre lim in a jy Plan =Wax, 1J11 ?' d r 37 ff .. ..0.2d ti Landscape Node Special Plantings i 'Ik'4 33 ,y i P.=T Y0f44Y ali f. —1_, 3: i ly P 311t� OW. W } 1 p Asphalt Path Along Four Mile Road • Legend Crushed Gravel Path 0o0000Ca Fitness Course Station Asphalt Path Landscape Node Enhanced Landscape Area \`,\. Sit 49 PteP. Yb]aC! 28 4 dank lI 109 Zoe Fitness Course Station Enhanced Landscape Area Landscape Node Special Plantings "'` — _26 _,amu---: v "Ja 1.1111,1127. La1.61111111r 4 was 4r4 t 4 h s:r 23 acme Sr Dedicated to City of Glenwood Springs Dedicated to Garfield County ka cftir LWale male I r';1