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HomeMy WebLinkAbout1.0 Application(970) 945-1004 FAX (970) 945-5948 SGM SCHMUESER GORDON MEYER ENGINEERS SURVEYORS 118 West 6th, Suite 200 Glenwood Springs, CO 81601 May 11, 1998 Enc McCafferty Garfield County Planning Department 109 8th Street Suite 303 Glenwood Springs, CO 81601 RE: Long Subdivision, Final Plat Dear Eric, In order to begin the continue the review process of the above referenced plat. and to respond to the concerns expressed in your letter of April 16. I am submitting the following information: 1) Three copies of the Final Plat for the Lona Subdivision. Sam Phelps has already received a copy of this plat for his review. 2) Three copies of the Articles of Incorporation. Bylaws and Covenants. Conditions and Restrictions for the above referenced subdivision. 3) Three copies of the Engineers certification of completion of Subdivision Improvements. 4) Two personal checks for $200.00 each in payment of the school impact fees. 5) Three copies of the well permit which is associated with the property. 6) A letter from Mrs. Faye Fass denying the request to widen the access road through her property. 7) A copy of a driveway permit issued by the Garfield County Road and Bridge Department 8) Mr. Long has previously submitted a copy of the Treasurer's Certification of taxes paid. 9) An application fee of $200.00 has been previously paid. (See attached receipt). If you have any questions on the information presented, please give me a call. Sincerely. Debbie Duley Project Manager Enclosures (9) Cc: Torn Hartert, Bernie Long HARTERT & PAISON, P.C. THOMAS J. HARTERT ATTORNEY AT LAW 802 Grand Avenue, Suite 303 Glenwood Springs, CO 81601 Telephone: (970) 928-7803 Facsimile: (970) 928-7805 May 6, 1998 Garfield County Attn: Don DeFord, County Attorney 109 Eighth Street, Suite 300 Glenwood Springs, CO 81601 HAND DELIVERED WITH FINAL PLAT SUBMITTAL PACKAGE Re: Long Subdivision - Owners' Association and Covenants Dear Don: Accompanying this letter you will find the proposed organization and governing documents for the Long Subdivision Owners' Association as well as the revised Declaration of Covenants, Conditions and Restrictions applicable to that subdivision. The revisions referred to derive from those items identified in Eric McCafferty's letter to Debbie Duley at Schmueser Gordon Meyer, Inc. dated April 16, 1998. Those items set forth in Paragraph 10 of said letter have been incorporated into the Covenants. Likewise, enforcement provisions applicable to the water rights and well permit as requested in Paragraph 8 are included. However, an issue remains relative to the timing of the legal transfer of the water rights and well permit from the present individual owners to the Association. As you are aware, the unincorporated non-profit association, as codified by C.R.S. 7-30-101 et seq., has become a viable and preferred means of controlling these types of common interest developments. While such an association is capable of acquiring, holding and transferring real property, the entity does not legally exist until such time as there is created a bifurcation of fee ownership of subdivided interest in the subject property (i.e. two or more "owners"). Therefore, it is inappropriate at this juncture to execute, deliver and record, respectively, the deed and assignment of (i) the irrigation water rights affiliated with the Williams #2 Ditch, and (ii) the Well Permit (No. 168645). The Declaration of Covenants, which will be recorded contemporaneous with the Final Plat, creates by its terms an affirmative and enforceable obligation that the owner(s) of these water rights convey the same to the Association at the appropriate time. Hopefully, the foregoing adequately responds to Mr. McCafferty's concern in this regard. Should you have any questions or concerns, please do not hesitate to contact me. Yours: Thomas J. Hartert, xc: Bernie Long W. V. SMITH P.E. 0260 LAZY S REVERSE S RD. NEW CASTLE, CO. 81647 11dY 10, n0, w 1r.nn 990 Board of County Commissioners Garfield County Courthouse Glenwood Springs, Colorado RE: Long Subdivision Cuauuiss ioners; Please be advised referenced subdivision approved plans. I have completed in a workman that the water system for the above has been completed in accordance with the personally inspected the work, which was like manner. Sincerely, W. . SKIT i P.E. Form No. OFFICE OF THE STATE ENGINEER GWS -25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St, Denver, Colorado 80203 (303) 866-3581 APPLICANT r BERNARD & MARTHA LONG 7700 312 ROAD NEW CASTLE CO 81647 UC WELL PERMIT NUMBER 168645 DIV. 5 CNTY. 23 WD 45 DES. BASIN MD Lot: Block: Filing: Subdiv: EXPANSION OF USE OF EXISTING WELL APPROVED WELL. LOCATION GARFIELD COUNTY SW 1/4 NE 1/4 Section 32 Twp 6 S RANGE 90 W 6th P.M. DISTANCES FROM SECTION LINES 2540 Ft. from North Section Line 2400 Ft. from East Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATE:R RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction and Pump Installation Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 17. 3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) for the expansion of use of permit no. 141405 (canceled), and as the only well on a tract of land of 40 acres described as that portion of the W 1/2 of the NE 1/4 of Sec. 32, Twp. 6 South, Rng. 90 West of the 6th P.M., Garfield County, being more particularly described on the attached exhibit 'A'. The issuance of this permit hereby cancels permit no. 141405. 4) The use of ground water from this well is limited to ordinary household purposes inside three (3) single family dwellings, fire protection, the watering of poultry, domestic animals, and livestock on a farm or ranch, and the irrigation of not over one (1) acre of home gardens and lawns. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The retum flow from the use of the well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 9,T) -93 OWNER'S COPY APPROVED ,Ce State Engineer Receipt No. 0348033 DATE ISSUED FEB 2 4 1993 4,0 By EXPIRATION DATE FEB 24 19.95 MARTHA L. OR BERNARD R. LONG 11-81 LIC. J172203 7700 - 312 RD. 984-2521 NEW CASTLE, CO 81647 PAY TO THE ORDER OF 23_2253 1020 125397777835 950E 19 / 1 $ TCC, D O L L A Colorado National Bank 4h P Glenwood Springs Orrice 802 Grand Avenue Glenwood Springs, CO 81601 FastLine 24 -Hour Banking 1-80b/888-8624 MEMO -L �-C -C :1020000211:12539777713351169505 /) KEVIN LONG 06-97 7700 312 RD 970-984-9764 NEW CASTLE, CO 81647 PAYTOTHE ORDER OF i I DATE �$ 225- 82-340/1021 FOR Alpine Bank 810 Camas Valley Blvd. New Castle, CO 81647 (970) 984-2800 • Alpine Info-Une (970) 945.4433 rfireTt 1:10 21,034074 LL30L01567 2257 HARLAND 1997 Kevin Long 7700 County Road 312 New Castle, CO 81647 Dear Mrs. Fass, October 28, 1997 Per the request made by the Garfield County commissioners, I am directing this letter to your attention. This letter is concerning the subdivision of the Long property at 7700 and 7701 County Road 312, New Castle. In accordance with the stipulations being made, your approval or denial of the following request must be documented. Garfield County is requesting that the road on the south border of your property, used as access to 7700County Road 312, be extended. The desired extension is to create a road which totals 30 feet in width. At your earliest convenience, could you please respond by checking the appropriate box below and returning this letter in the self-addressed envelope enclosed. Thank you for your time in this matter. Sincerely, Kevin J. Long 7_71 I agree to the request of the above mentioned road being extended. I deny the request of the above mentioned road being extended. completed on the reverse side? SENDER: • Complete items 1 and/or 2 for additional services. • Complete items 3, 4a, and 4b. • Pnnt your name and address on the reverse of this form so that we can retum this card to you. • Attach this form to the front of the mailpiece, or on the back if space does not permit. • Wnte'Retum Receipt Requested' on the mailpiece below the article number. • The Retum Receipt will show to whom the article was delivered and the date delivered. I also wish to receive the following services (for ar extra fee): 1. 0 Addressee's Adc 2. 0 Restricted Delivc Consult postmaster for ff 3. Article Addressed to: 4a. Article Number 4b. Service Type ❑ Registered 0 Ce ❑ Express Mail ❑ In:. ❑ Retum Receipt for Merchandise 0 CC 7. Date of Delivery 8. Addressee's Address (Only if reaue and fee is paid) Garfield County Road & Bridge Department P.O. Box 2254 Glenwood Springs, CO 81 602 Phone: 970-945-61 1 1 Fax: 970-945-0934 ng Lloyd, Supervisor Please remit for the following permit(s): Name: Address: City: Phone: PERMIT(s) #: 022--98 D LONG, BERNIE 7701 CO RD 312 NEW CASTLE 984--3492 Utility Cut Permits-.# s: From: Driveway Permits -Ws: Over Size Permits--# SI: CO To. Today's Date: 04-25-1998 Date of Issue 04--24-98 Bond Ho1.der: ZIP: 8 1 6 4 7 Total Utility From: 022-98 To: 02.2.98 Tota.l.. Driveway From: Over Weight Permits -Ws: From: To: To. Total. Over 512e Total Over Weight Fax/Adrniniistra.tion Charges TOTAL.. DUE -> Please Put Permit #"s On Check Paid ? (Yes or No) Check #: .00 15.00 .00 ,00 ,00 1 District: III 1 Road: 312 1 I Permit #: 022-98 D GARFIELDCOUNTY APPLICATION F O R DRIVEWAY PERMIT Application Date 04-25-1998 T, LONG, BERNIE (herein called "Applicant"), hereby requests permission and authority from the Board of County Commissioners to construct a. driveway approach(es) on the right-of-way of Garfield County Road Number 312 adjacent to Applicants property located ori the NORTH side of the road, a distance of 0.0 mile(s) from 7800 CO RD 312 for the purpose of obtaining access to PRIVATE RESIDENCE Applicant submits herewith for the consideration and approval of the Board of County Commissioners, a sketch of the proposed instal- lation showing all necessary specification detail including (1) front- age of lot along road, (2) distance from centerline of road to property line, (3) number of driveways requested, (4) width of pro- posed driveway(s) and angle of approach, (5) distance from driveway to road intersection, if any, (6) size and shape of area separating driveways if more than one approach, and (7) setback distance of building(s) and other structures or improvements. GENERAL PROVISIONS FIRST: The Applicant represents all parties in interest, and affirms that the driveway approach (es) is to be constructed by him for the bona fide purpose of securing access to his property and not for the purpose of doing business or servicing vehicles on the road right-of-way. SECOND: The Applicant shall furnish all labor and materials, perform all work, and pay all costs in connection with the construction of the driveway(s) and its appurtenances on the right-of-way. All work shall be completed within 30 days of the Permit date. THIRD: The type of construction shall be as designated and/or approved by the Board of County Commissioners or their representative, and all rnateri.als used shall be of satisfactory quality and subject to inspec- tion and approval of the Board of County Commissioners or their representative. FOURTH The traveling public shall be protected during the instal- lation with proper warning signs and signals and the Board of County Commissioners and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the Permit, FIFTH: The Applicant shall assume responsibility for the removal or clearance of snow, ice or sleet upon any portion of the driveway ap- proach(es) even though deposited on the driveway(s) in the course of the County snow removal operations. SIXTH: In the event. it becomes necessary to remove any right-of-way fence, the posts on either side of the entrance shall be securely braced before the fence is cut to prevent any slacking of the remain- ing 'fence, and all posts and wire removed shall be turned over to the District Road Supervisor of the Board o'f' County Commissioners. SEVENTH: No revisions or additions shall be made t:.o the driveway(s) or its appurtenances on the right -of --way without the written permis- sion of the Board of County Commissioners. EIGHTH: Provisions and specifications outlined herein shhall apply on all roads under the iuri.sd`i..ct,ion of the Board of County Commissioners of Garfield County, Colorado, and the Specifications, set; forth on the attached hereof and incorporated herein as conditions hereof. SPECIAL C ONDITIONS RESPONSIBLE FOR TWO YEARS FROM DATE OF COMPLETION 10" CULVERT GRAVEL. LAST 50' OF DRIVE WITH 3/4" ROAD BASE In signing this application and upon receiving authorization and permission to ;rnsta.11 the driveway approach(es) described herein the Applicant signifies that he has read, understands and accepts the foregoing provisions and conditions and agrees to construct the drive- way(s) in accordance with the accompanying ecification plan rowed and approved by the Board of County Cowl, Witness: • i..gnatur'c o'f A leant) (Address) (Telephone Number) PERMIT GRANTED THIS DAY OF , f L 19 , SUBJECT TO THE PROVISIONS, SPECIFICATIONS, AND CONDI IONS STIPULATED HEREIN. For Board of County Commiss .iers of Garfield County, Colorado BY: II SPECIFICATIONS 1. A driveway approach is understood to be that portion of the high- way right-of-way between the pavement edge and the property line which is designed and used for the interchange of traffic between the road- way pavement and the abutting property. 4. At any intersection, a driveway shall be restricted for a suf- ficient distance from the intersection to preserve the normal and safe movement of traffic. (It is recommended for rural residence entrances that a. minimum intersection clearance of 50 feet be provided and for rural commercial entrances a minimum of 100 feet be provided.) 3. All entrances and exits shall be so located and constructed that vehicles approaching or using there will be able to obtain adequate sight distance in both directions along the highway in order- to maneuver safely and without interfering with highway traffic. 4. The Applicant shall not be permitted to erect any sign or display material., either- fixed or movable, on or extending over any portion of t h e highway right--of--way. J. Generally, rio more than one approach shall be allowed any parcel or property the frontage of which is Less than one hundred (1 00) feet. Additional entrances or exits for parcels or property having a frontage in excess of one hundred (1 00) feet shall be permitted only after showing of actual convenience and necessity. 6. All driveways shall be so :located that the flared portion adjacent to the traveled way will not encroach upon adjoining property. 7. No commercial driveway shall have a. width greater than thirty (30) feet measured at right angles to the centerline of the driveway, except as increased by permissible radii. No noncommercial driveway shall have a width greater than twenty (20) feet measured at right angles to the centerline of the driveway, except as increased by permissible radii. 8. The axis of an approach to the road may be at a right angle to the centerline of the highway and of any angle between ninety (90) degrees .) and sixty (60) degrees but shall not be less than sixty (60degrees. Adjustment will be made according to the type of traffic to be served and other physical conditions. 9. The construction of parking or servicing areas on the highway right-of-way is specifically prohibited. Off -the --road parking facil- ities should be provided by commercial establishments for customers" vehicles. 10. The grade of entrance and exit sha.l.l slope downward and away from the road surface at the same rate as the normal shoulder slope and for a distance equal to t h e width o f t h e shoulder b u t in no case less than twenty (20) feet from the pavement edge. Approach grades are restricted to not more than 10 percent (10%). 11. All driveways and approaches shall be so constructed that they shall not interfere with the drainage system of the street or highway. The Applicant will be required to provide, at his own expense, drain- age structures at entrances and exits which will become an integral part of the existing drainage system. The dimensions of all drainage structures must be approved by the Board of County Commissioners or their representative prior to installation. NOTE: This permit shall be made available at the site where and when work is being done. A work sketch or drawing of the proposed driveway(s) must accompany application. No permit will be issued without drawing, blueprint, or sketch. REDIFORM 8 L 8 i OIVd 'IWV 1NflODDV A)O vZ 2 0 v W. V. SMITH P.E. 0260 LAZY S REVERSE S RD. NEW CASTLE, CO. 81647 February 4,:;2998 A TO WHOM IT MAY CONCERN n - RE: Long Subdivision Please be advised that the wat4,system for the above referenced subdivision has been substantially completed in compliance with the approved plans. The work was completed in a workman like manner and has been inspected as necessary and appropriate by myself or others responsible to me for the inspec- tion. Minor items require installation prior to the system being put into operation. All materials necessary are on site and it is estimated that approximately one days work is necessary for the completion. Estimated remaining cost is limited to approxi- mately $500.00 for the necessary labor to install these items. Sincerwly, ri P.E. r INDIVIDUAL SEWAGE DISPOSAL SYSTEM OPERATION AND MAINTENANCE The following tips and suggestions are intended to increase the useful life of your engineered sewage disposal system and to prevent disposal system failure due to neglect and abuse. MINIMIZE THE LIQUIDS Wastewater that enters the system can be minimized by practicing water conservation practices within your home. The less wastewater you produce, the less wastewater there will be to treat and dispose. 1. Repair leaky fixtures. Check the toilet by dropping food coloring dye in the tank and see if it shows up in the bowl prior to flushing. 2. Wash clothes only when you have a full load. 3. Take short showers instead of baths. Don't turn on the shower all the way and turn it off while lathering. 4. Install and use water saving fixtures and devices in your bathrooms, laundry rooms and kitchens. 5. Do not let the water run while washing, shaving, brushing teeth, rinsing vegetables, dishes, etc. Use a stoppered basin where possible. 6. Provide adequate drainage around the engineered system area to divert surface runoff from higher ground during storms or winter snowmelt. MINIMIZE THE SOLIDS Septic systems are "anaerobic" treatment systems. Digestion of solid materials is very slow and requires air or "aerobic" conditions to "disappear". The less material you put into the system, the less often it will require pumping. A good rule to follow is: "Don't use your septic system for anything that can be disposed of in some other way" 1 . Avoid using a garbage disposal. Throw out scraps and other garbage with the trash. 2. Collect grease in a container rather than pouring it down the sink. 3. Minimize the disposal of paper products into the system. Nondegradable items such as disposable diapers, sanitary napkins, tissues, cigarette butts and paper towels are especially harmful to the system. ISDS Maintenance Page 2 of 3 4. Only three things should go into the septic tank: Human Wastes; Toilet Paper; and Water. 5. Ordinary household chemicals (bleaches, detergents & soaps) will not hurt the bacteria in your system when not used in excessive amounts. 6. DO NOT DISPOSE OILS, PAINTS, THINNERS OR OTHER TOXIC LIQUIDS INTO YOUR SYSTEM. SEPTIC TANK ADDITIVES Advertised chemical additives, bacteria, enzymes, etc. do not help solids breakdown in the septic tank and should not be used to reduce the need for pumping the septic tank. REGULAR INSPECTIONS Septic Tank: To inspect the septic tank, remove the manhole cover at the inlet end of the tank. Use a shovel to push the scum layer away from the side of the tank and estimate it's thickness. If the scum layer is 12" thick or more, arrange to have the septic tank pumped immediately. Replace the cover and wash off the shovel and your hands. For an average 3 or 4 bedroom residence, the pumping interval for the septic tank is usually between 2 and 4 years. Annual inspection of the septic tank should become part of your overall home maintenance routine. Dosing Tank or Pump Station: To inspect the dosing tank, follow the same instructions for the septic tank. However, there should not be a scum layer or sediments inside the tank. Check to see if the water level markings are consistent on the side of the tank. Variability indicates that the siphon or effluent pump is not operating properly. If the water level is near the top of the markings, wait for the siphon or pump to operate and watch for problems. The siphon has an overflow pipe in which the effluent will flow out of the tank by gravity. Should this be occurring, have the tank pumped and check the siphon openings to see ISDS Maintenance Page 3 of 3 if they are plugged. Filter Mound or Trench: Check the observation tubes regularly. Standing water near the same elevation as the natural soil surface (or higher) may be an indication of trouble. Look for seepage or excessive wetness near the base of the filter mound or trench area. SUMMARY A general inspection of the septic tank, dosing tank (or pump station), filter mound or trench area should be made each year. These inspections are best made during the wet season of the year. If these items are not routinely inspected, solids can carry over into the disposal areas from the septic tank and clog the system resulting in system failure and health hazard risk. WARRANTY DEED THIS DEED, Made this //day of /)Gz/ , 1998, between BERNARD R. LONG, MARTHA L. LONG, and KEVIN J. LONG of the County of Garfield, State of Colorado, grantors, and KEVIN J. LONG whose legal address is 9-76'0 -o" y /Q©cw/ 3r , of the County of Garfield and State of Colorado, grantee: WITNESSETH, That the grantors, for and in consideration of the sum of Ten and No/100 U.S. Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey, and confirm, unto grantee, his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Garfield, State of Colorado, described as follows: Lot 2, Long Subdivision In accordance with the Final Plat of the Long Subdivision recorded in Book _, at Page , as Reception No. of the Garfield County land records. also known by street and number as: n/a. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantors, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantors, for themselves, their heirs and personal representatives, do covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, they are well seized of the premises above conveyed, have good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and have good right, full power and authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances, and restrictions of whatever kind or nature soever, except real estate taxes for the current year and due in the future, that certain Deed of Trust recorded on March 15, 1996 in Book 970, Page 495, and that certain Deed of Trust recorded on November 24, 1997 in Book 1043, Page 580 of the Garfield County records, and any other encumbrances of record as of the date hereof. The grantors shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the grantors have executed this deed on the date set forth above. 4 -fed ernard R. Long Martha L. Long STATE OF COLORADO ) ss. County of Garfield The foregoing was acknowledged before me this L_) day of v d_ Long, Martha L. Long and Kevin J. Long, grantors. My commission expires: iy O0mmission Expires i 2/08/2000 Kevin J. Long , 1998, by Bernard R. Witness my hand and official se Notary Pylic WARRANTY DEED THIS DEED, Made this /.5day of / 2/ , 1998, between BERNARD R. LONG, MARTHA L. LONG, and KEVIN J. LONG of the County of Garfield, State of Colorado, grantors, and BERNARD R. LONG and MARTHA L. LONG whose legal address is •7 7'/ Ro'z / 3/„' , of the County of Garfield and State of Colorado, grantees: WITNESSETH, That the grantors, for and in consideration of the sum of Ten and No/100 U.S. Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey, and confirm, unto grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the County of Garfield, State of Colorado, described as follows: Lots 1 and 3, Long Subdivision In accordance with the Final Plat of the Long Subdivision recorded in Book _, at Page , as Reception No. of the Garfield County land records. also known by street and number as: n/a. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantors, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantors, for themselves, their heirs and personal representatives, do covenant, grant, bargain, and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, they are well seized of the premises above conveyed, have good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and have good right, full power and authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances, and restrictions of whatever kind or nature soever, except real estate taxes for the current year and due in the future, that certain Deed of Trust recorded on March 15, 1996 in Book 970, Page 495, and that certain Deed of Trust recorded on November 24, 1997 in Book 1043, Page 580 of the Garfield County records, and any other encumbrances of record as of the date hereof. The grantors shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the grantors have executed this deed on the date set forth above. Bernard R. Lo 9 Martha L. Long 7) STATE OF COLORADO ) ss. County of Garfield ) The foregoing was acknowledged before me this/`- day of Long, Martha L. Long and Kevin J. Long, grantors. My commission expires: My Commission Expires 12/06/2000 , 1998, by Bernard R. Witness my hand and official s -al. Nota Public QUITCLAIM DEED BERNARD R. LONG, MARTHA L. LONG, and KEVIN J. LONG ("Grantors") of Garfield County, Colorado, for Ten and No/100 U.S. Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby sell, remise, release and quitclaim to the LONG SUBDIVISION HOMEOWNER'S ASSO9, IAnl9 a Colorado unincorporated non-profit association ("Grantee"), with an address of 7704 dlinty d 312, New Castle, Colorado 81647, those certain water and water rights, structure and structure rights, including, but not limited to, Grantors' interests in rights of way, fee title and easements for ditch and structure alignments used and historically benefiting the water rights, described as follows (the "Water Rights"): All of Grantors' right, title and interest in and to the water and irrigation rights adjudicated to the William's Ditch #2, Garfield County, Colorado. To have and to hold the Water Rights unto Grantee, its successors and assigns, forever. IN WITNESS WHEREOF, the Grantors have executed this deed this /3 day of t zy , 1998. Bernard R. Long STATE OF COLORADO County of Garfield Martha L. Long ) ss. The foregoing instrument was acknowledged before me this b.5" -day of 1998, by Bernard R. Long, Martha L. Long, and Kevin J. Long, the Grantors. My commission expires: Witness my hand and official seal. Notalw ublic My Commission Expires 12/06/2000 QUITCLAIM DEED BERNARD LONG and MARTHA LONG ("Grantors") of Garfield County, Colorado, for Ten and No/100 U.S. Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby sell, remise, release and quitclaim to the LONG SUBDIVISION , HOMEOWNER'S ASSOCIATION, a Colorado unincorporated non-profit association ("Grantee"), with an address of 7700 County Road 312, New Castle, Colorado 81647, those certain water and water rights, d- facilities, structure and structure rights, including, but not limited to, Grantors' interests in well equipment, rights of way, fee title and easements for ditch and structure alignments used and historically benefiting the water rights, described as follows (the "Water Right"): All of Grantors' right, title and interest in and to the water right described by Well Permit Number 168645, and subsequent amendments thereto, located in Garfield County, Colorado and approved by the Colorado Division of Water Resources, Division 5. To have and to hold the Water Right unto Grantee, its successors and assigns, forever. mIN WITNESS WHEREOF, the Grantors have executed this deed this /,_5 -day of ,'/a/ 1998. 1/44 Bernard Long STATE OF COLORADO ) ss. County of Garfield W/ a2 Martha Long The foregoing instrument was acknowledged before me this J . day of 1998, by Bernard Long, Martha Long, the Grantors. My commission expires: [ fir 6 ssi @d/2on000 Expires 1 / Witness my hand and official s Not Public