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HomeMy WebLinkAboutApplicationSTA|E OF COLOTUDO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3s89 Roy Romer Covernor January 30, 1995 Mr. Dave Michaelson Garfield County Building and Planning 109 8th Street, Suite 303 Glenwood Springs, CO 81601 RE: Deer Crest Orchard Subdivision Preliminary Plan SW 1/4, Section 35, T 5 S, R 92 W, 6th P.M. Water Division 5, Water District gg Dear Dave: Thank you for the referralfor the above referenced subdivision outlined in the Preliminary Plan Submittal by Schmueser Gordon Meyer, lnc., dated December, 1994. This proposal will split a 10 acre parcel into 2 single-family lots of approximately 5 acres each. The proposed water supply for this development is to be provided by individual on-site wells. The submittal also indicates that the applicant proposes to obtain replacement water for the wells pursuant to a water allotment contract with the West Divide Water Conservancy District as part of a plan for augmentation. Based upon information in the submittal, the State Engineer's Otfice otfers the following opinion pursuant to Section 30-28-136(1)(HXl), C.R.S., for your consideration regarding material injury to decreed water rights and the adequacy of the proposed water supply: This otfice previously commented on this development in a letter to Garfield County dated December 5, 1994 (copy enclosed). Our comments from that letter still apply. Please note that it is our general opinion that the filing of a plan for augmentation and the subsequent judicial review and final decree should provide adequate terms and limitations to protect decreed water rights. Although general information was provided in the submittal regarding adjacent wetls, we are unable to comment on the adequacy of the water supply without an engineering or geotechnical study documenting the physical availability and dependability of ground water for the proposed uses at these sites. As outlined in the statutes, Section 30-28-133, C.R.S., the subdivider is required to submit adequate evidence that a water supply that is sufficient in terms of quality, quantity, and dependability wilt be available to ensure an adequate supply of water. Finally, the two pending wellpermit applications (receipt nos, 377952-A, -B)were returned to the applicant on December 21 ,1994, for additional information. Our records indicate that the applications have not been returned to this office to date. lames S. Lochhead Executive Director Hal D. Simpson State Engineer Mr. Dave Michaelson January 30, 1995 Page 2 We recommend that the County not grant final approval until a plan for augmentation is approved by the water court. Should you have further questions or comments regarding the water supply for this project, please contact this otfice at the above address. Sincerely, WDuW Jetf Deatherage Water Resources Engineer Orlyn Bell, Division Engineer James Lemon, Water Commissioner Steve Lautenschlager, Assistant State Engineer deercrest.sub STATE OF COLOTGDO OTTrcT OT THE STATT EAIGINEER visbn of Water Resor.rrces -epprtment of Natrral Resor.rrces l3l3 Slrenrun St,e€C R@rn 818 Demrcr, Coloodo 80203 Ptrone (3031 866-3581 FA,( (3031 8663s89 December 5,1994 Roy Romer Co,cmq lalrrcr S. Lochhcad Erccutive Director tlrl O. Simpar Stete En6irrer Mr. Dave Michaelson, Planner Garfield County Building and Planning 109 8th Stre€t, Suite 303 Glenwood Springs, CO 81601 RE: Deer Crest Orchard Subdivision Section 35, T5S, R92W, 6tt P.M. Water Division 5, Slater District 39 Dear Dave: Thank yorr for the referral for the Deer Crest Ordard SuMivision located approximately two miles raortrwest of SilL Tlre applicant is reqtresting o split the ten acre paroel known as Tract 44, Antters Orrdrard Development Comparry's Plat No. 1 infio tc/o five acre lots. The proposed water service will be from exenrpt wells. Two pefinit apptic*ions have been submitted to our offtce for tris project - ore application to reduce the number of acres for an existing permit and one application for the new ld should the subdivision be approved by the Comty. Purstrant to S3G'28-136(1XhXD, C.R. S., the Sate Engineer's Office offers the following opinion for your coruideration regarding the material injury to decreed water rights and the adequacy oi Ure proposed wat€r suppty: Tlre Colorado River system and its tributaries at this location are over-appropriatod. As such, well permits applications in new subdivisions must be evaluated to determine if other water rights would be injured considering the.cumulative effect of all proposed wells. It is likely ftat in many circumstances well permits could not be issued by our offrce without a court approved plan for atrgmentation. To date, we have no evidence that -a plan for augmentation is pending or has been approved by tre water court in Glenwood Springs. The pending permit applications Gecerpt numbers 377952 A and B) will be denied until suctr time that the applicant obtains a court approved plan for augmentation. Should you have any questions regarding the water supply for this project, please contact this office. )ieu-- *ftv sr/tnston $Ater RUources Engineer Orlyn Bell, Division Engineer James L€mon, Water Commissioner WEST DIVIDE WATER, CONSERVAIICY DISTRICT P. O. BOX 1{78 RTFLE, COTpRADO 81650-1{78 625-L887 off ice'rs President 876'2821 Ketty Couey 4745 c.R. 315sitt, oo 81652 vice Presid€nt Smret B. Potter 0598 C.R. 323 Rifte. C0 81650 Treasurer Laverne Starhrck 51(b C. R. 342sitt, co 81652 Secretarv/lJater l4anaEer 625-1887 Russ€t t Georgre. Attorney Stu\rer & George, P.C. P. 0. Box 907 Rifle, O0 E1650 Board of Directors Kel, ty Couey 4715 c. R. 315 sitt, co 81652 tli t t iam ll. 2i tm 0090 Stntight Dr. Gtennood Springs, C0 81601 Laverare Starbuck 3106 c.R. 342 sitt, oo E1652 Gregocy Duffett 926 Btake Averue Gtemood Sprirgs, O0 81601 Sflrel, B. Pottcr 0598 C.R. 3Z' Rifte, oo 81650 May 1,1995 Mr. Dave Michaelson Garfield County Department, of Planning LO9 Eighttr Street, Suite 3O3 Glenwood Springs, CO 81601 Dear Mr. Michaelson: Re: James Barry Mr. Barry has asked me to write you concerning l{est Dividerssubstitute water supply plan and plan for augrmentation. There is adequate lrater in our substitute supply plan to provide the needs of county residents applying for our contracts. We havea pennanent lease with Ruedi Round I for 100 acre feet, 2OO acre feet on temporary lease with Green Mountain Reservoir, and the District has applied for 5OO acre feet of Ruedi Round II water which should be approved this sunmer. We have considerable documentation on this relationship between West Divide and the State Engineer which we would share with you and discuss with you in person at your request. S!-ngerely yours, /(,,-r-"^r-'WRussell George t Attorney/Water Manager RG: im Eebruary J, l-995 LaPrieI McPherson Armijo 0475 County Road #761 Gl-enwood Springs, CO 81601 Garfield County Planning Commission 109 8th Street Glenwood Springs, CO 8l-60I To Whom It May Concern: Shawn and Barbara McEfroy have brought to my attention that their neighbor Mr. Barry has requested that a county approval be given to split his 10 acre parcel into two (2) five acre parcels. The McEl-roy property and the Barry property are part of the old Antlers Orchard Subdivision. Much of Silt Mesa fall-s under this Subdivision. The area that the McElroy property and the Barry property is located consists of 10 acre tracts. I am concerned that if Mr. Barry is given an approval to split his property a precedence would be set. How many other people will want to split their 10 acre tracts into two (2) five acre tracts? I do not feel that these proposals should be approved since the homes will be on individual wells and septics. I do not feel that the water aquifer on Silt Mesa can support all these weIls if this precedence is set. Very tru \::ilii,uj Ii;' Planning Department January 30, 1995 Garfield County Subject Opposition to DEER CREST ORCHARD SUBDIVISION This tetter documents our objection to the proposed subdivision as outlined by public notice. We object for the following reasons. 1) One of the main reasons we selected our tract in thls area for our homesite was exactty because the minimum size was ten acres and that there would only be limited number of homesites available. These sltes were, in fact, advertised as "Mini-Farm and Ranch sites" on "ten acre tracts'and under that premlse justifled the asking price.We believe if the Bar4/s wanted less.than ten acres then they should not have purchased property in an area clearly being sold as such. 2) Our second concern ls the precedent this subdivision into five acres would set for the future. lf approved, we fear other owners might do the same and further subdivions would ultimately fottow which would put a strain on a utility grid and private road designed for a smaller number of homesites. 3) Finally, as one of the first owners to start construction, we have invested considerable tlme, money, and efrort to develop this raw land lnto a suitable homesite. Starting from scratch, it was necessary to organize a homeowners assoclation to share the extremely hlgh cost of bringing in utllitles, making required improvements to the private road and formulating a private road maintenance agreement. Unfortunately, this proposed subdivision has already hampered this-effort. We have been unable to get the two owners of the proposed subdivision to either sign the Private Road Maintenance agreement or pay the same fair share as the other owners for utilities or road improvement. Obviously two homesites instead of one will lncrease both the traffic on the private road and the draw on a utility grid designed for fewer homes. Therefore, we urge you to not grant approvalfor this proposed subdivision. Thank you for the opportunlty to express our views. s[nceretv' [vrq-.O};o-Zo*^a)c /vL Lt.'i,,i } .rj+;*u-r.lCI,y Shhwn and Barbara McEl( |FEBtstees ii STATE OF COLOI(ADO GEOLOGICAT SURVEY GAfiIFELD GdRxfl'?yf Minerars and ceologv Department of Natural Resources 1 31 3 Sherman Street, Room 71 5' Denver, Co'lorado 80203 Phone (303) 866'2611 FAX (303) 866-2461 tr-lt4r DEPARTMENT OF NAIURAL RESOURCES GA-95-0007 Roy Romer Covernor James S. Lochhead Executive Director Michael B. Long Division Director Vicki Cowa( State GeoloU,ist and DirectorFebruary 8, L995 Mr. Dave Michaelson Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, Colorado 81601 Re: Proposed Deer Crest Orchard Subdivision -- Ca. 1 Mile West Northwest of the Intersection of C.R. 233 arrd C.R. 231, Northwest of Silt, Garfield County Dear Mr. Michaelson:. At your request and in accordance with S.B. 35 (Lg72), we have reviewed the materials submitted for and made a field inspection of the site of the proposed residential subdivision indicated above. The following comments summarize our findings. Considering the sizes of the planned lots and the locations of the proposed building envelopes on thenq this subdivision is entirely feasible from a geologic standpoint. The submitled reports by Hepworth-Pawlak Geotechical and Schmuezer Gordon Meyer, Inc., adequately discuss the pcssible constructicn p;otrlenns and septic-system dqsign constrainr.s for ihese parcels. We ioncur with their findings and recommend that they be followed. Depending on depth to bedrock and water table conditions, it may be impractical or infiasibleio construct houses with basements. We also recommend that each building site have a detailed, site-specific soils and foundation investigation and that foundation drains be used in any stuctures with below grade space. Sipcerely, ngineering Geologist (ror) nou-,ooo FAX (303) 945-s948 EA'G'IVEEFS 75..-M- scflMuEsEP --- GORDON MEYER - 118 West 6th, Suite 200 Glenwood Springs, CO 81601 December 23, L994 Mr. David Michaelson Garfield County Planning 109 8th SEreet Glenwood SPrings, CO 8l-501 RE: Deer Crest Orchard Subdivision Dear David: AtEached for your use are 20 copies of the percolaEion-Eest resuLEs and a discussion of possible methods of sewage disposal. for Deer CresE Orchard Subdivision. Please attach Uhis informaEi-on to Ehe pi"x"g"" previously submitt.ed for the Preliminary PIan of Deer Crest Orchard Subdivision. If you have Sincerely, SCHMUESER, any quesEions, please don'E hesiuate Eo call- GORDON, MEYER Debbie Duley cc : 'James Barry DD/ dd94Lt4 DEER CREST ORCHARD SANITARY SEWAGE DISPOSAL Percolation tests The typical final minut.es per inch, t.ype of system. AfLer Lhe residences have been designed sufficiently Eo determine E.he size of the system needed, additional sites on t,he properEy- wil-1 be investiga'Ued Eo deEermine if a suiEable siLe is available for a standard ieach field design. If no such site exisEs, on Ehe properEy, then an alternaEive sysE,em will be designed' It. is anticipat.ed that either an evapo-Eranspira!l9n lYsLem or an evapo-Uranspiration/absorpEion sysUem will be uti1ized. The Iarge, fivE acre lots on this site will have ample room Eo construct a sysEem of E.his type. MANAGEMENT PLAN Each individual IoE. in Deer CresE Orchard Subdivision will have an individual sewage disposal system. The iniEial construction and mainEenance of Efr. syit,ems a-re the responsibility of Lhe individual loE owners. Tf, at, iome Eime in the future, Ehe sysEems must be replaced, the individual lot owner will be responsible for co-nsLructing a sysEem which meeLs aII regulations for sanitary sewage disposal in place ats thaE time. were done on percolaEion a rate not. SCHMUESER GORDON MEYER, INC. this property on Decembet 2a raEe in the areas tested was and 22. ]-20fieldsuiLabte for a sEandard leach Hepri:orthPau: I ak Geotech TL- .303-945-8454 Dec Lv 94 9:45 No .001 P .O2 5020 Rord 154 Clenwood Springr, CO 81601 Far 303 945.8454 Phone 30.1 945-7988 Job No. 194 558 HxrrwonrH-PAwLAK GrorscHFJrcAL, INc. Decemlrer 22, 1994 James and Diane Barry Dale arrd Kim Neffendorf P. O. Box 671 Silt, Colorado 81652 Sutrjecr: Pcrcolation Tcst Results, lots 1 and 2, Tract 44 of tlre Antlers Orchard Subdivision, Near Silt, Colorado. Dear Mr. Barry: As requcsted, wo conducted percolation testing at the subject site to evaluate fte feasibility of individual infiltration septic disposal. We previously couducted a geologic review of the site and presentcd our findings in a report dated December 20, 1994. The percolation holes and profilc pit had been dug and the test holes soaked on Decemher 2l by Mr. Barry. The test holes were covered to protect them against fteezing. The holes had been dug with a backhoe and the final one foot dcpth had bcctt hurd dug and was soakod. Some of the test boles had water remaining in tlrem at the time we arrived to perform the tests. Tlte soils exposed in the profile pit and percolation holos appeared relativcly uniform and consisnd of stiff dry clay to the maximum depth dug of 10 feet. A plastic pipe encountcred in the profilc pit was flowing a very small amount of water and caused some ponding at flle bottom of the. pit. The approxirnate locations of the pits are shown on Fig. l. The percolation test rosults aro presented in Table I. The tests were conducted between about 10:00 a.m. to 1:00 p.rn. The weather was sunny and there was no freezing of water during the test. The typical final rate of the test was 120 minutes per inch. Based on the findings, an engineered septic disposal system will be needed. If you have any questions or if we can be of further assistance, please let us know. Sincerely, fu4,4,*(k Steven L. Pawlak, P.E. SLP/rr cc: Schmueser Gordon Meyer - Debbie Duley o s0 10o 200 sciil ln Feet Hepulor'thPau I ak Geotech TL 503-945-8454 9:46 N0.001 P.03 I ris. ILocations of Percolatlon PitsI r o; o^o I xnnroRTH-PAWLAK II rv- v\'u l tac^?EFl'll'rtrrAl I Dec IHepuor.thPaulak Geotech Tl- 303-945-8454 Dec 94 HEPWORTH.PAWLAK GEOTECHNICAL, INC. TABLE I LOT ! PERCOLATION TEST RESUTTSDecember 22, 1994 JOB NO. HOLE NO.HOLE DEPTH (INCHESIT LENGTTI OF INTERVAL (M!NI WATER DEPTH AT START OF INTERVAL llNcHEsr WATER DEPTH AT END OF INTEBVAL ilNcHESt DROP IN WATEB LEVEL ilNCHESt AVERAGE PERCOLATION RATE IMIN'!NCHI P.1 601t2 30 13 3/4 1211*112 60 12114 17 114 1 11 114 1t 114 1t 10112 112 P-2 48 30 t0 s I r20 I 81/4 3t4 ti714 7 gt+1t2 7 314 7 1t2 1t4 P,3 49 30 101t2 10114 114 120 10 1/4 91t2 st4 g 112 9114 114 g 114 I 114 9246 No .001 P .04 194 5s8 IHepuor-thPaullak Geotech Tr 303-945-8454 t Dec 94 9246 No.001 P.05 94 558 HEPWORTH-PAWLAK GEOTECHNICAL, INC. TABLE I LOT 2 December 22, 1994 PERCOTATION TEST RESULTS JOB NO. HOLE NO.HOLE DEPTH (tNcHEsl. LENGTH OF INTEBVAL (MINI WATER DEPT}I AT STANT OF INTERVAL flNCHESI WATER DEPTH AT END OF INTERVAL flNCHESI DROP IN WATER LEVEL flNCHESI AVERAGE PERCOLATION FATE (MIN/INCHI P4 481t2 30 101t2 10 1t2 120 t0 s 112 112 g 1t2 I 1t2 I 8gl4 714 P.5 E,01t2 g0 12112 11 3/4 314 120 113t4 71 1t2 1t4 t1 1t2 11 1t4 1t4 l1 114 11 114 P-6 48 30 I3r4 g 114 112 s 114 a ?t4 1t2 e3A 8112 1t4 8112 8114 114 ROAD MAINTENANCE AGREEMENT THE UNDERSIGNED, being all of the owners (hereafter collectively ref'erred to as the "Owners") of the real property described upon the attached Exhibit A (hereafter collectively referred to as the "Property"), which Exhibit A is by this ref'erence incorporated herein, do covenant and agree to the following terms and conditions of this Road Maintenance Agreement (hereafter the "Agreement") : l. This Agreement concerns the maintenance of that certain road easement and right of way as depicted upon the attached Exhibit B (hereafter the "Road") which is incorporated herein by this reference; 2. The Owners are desirous of establishing an equitable and enforcable agreement respecting the costs associated with maintaining the Road; 3. For purposes of this Agreemen! the phrase "maintenance" is deemed to include all costs for labor and supplies necessary for the construction, improvernent, repair, upgrading, snow and debris removal, and otherwise maintaining the Road to the extent necessary for the use thereof for purposes of ingress and egress to each Owners' land witQrl the Property; 4. The Owners hereby agree and covenant to share equally, on a pro rata basis in all costs of the Road's maintenance with each subdivided, separately owned parcel of the Property responsible for one equal share ofsuch costs; 5. The Owners further agree that any maintenance costs shall be determined and agreed upon in writing by a majority of said Owners prior to the incurrance of any financial expenditure or obligation for such Road maintenance; 6. Pursuant to the terms of this Agreement, if an Owner owns a parcel of land within the Property as a tenart in corrmon or by joint tanancy with one or more o{her person" said parcel owners shall appoint one of their rurmber for puryoses of voting on whether or not a Road maintenance cost shall be inctnred and for aexecuting any approvals as described by paragraph 5 above; 7. All costs associated with the Road which are not within the scope of the definition of "maintenance" under paragraph 3 hereof ("additional expenditures"), shall not be imposed upon any Owner without such Owners' written consent approving such additional expenditure; 8. Pro rata assessments for the maintenance costs contemplated by this Agreement shall be delivered to tl-re Owners wiin a reasonable time after the expense is incurred; 9. The Ow'ners may choose one of the parties to this Agreement to act in the capacity of manager, which person shall be responsible lbr arranging nleetings to discuss Road r-paintenance issues. contracts for maintenance labors and materials, and clelivering and collecting appropriate assesstttettts hereunder; 10. Each Owner has the right and authority to act on behalf of all otl-rer Owners to enfbrce the duties and obligations herein described; I I . It is tlie intention of the parties hereto that the provisions of the Agreement run with the lands encompassed by the Property and that the Agreement be binding upon and inure to the benefit of all heirs, successors and assigns of any land within the Properly; 12. This agreement shall remain in full force and effect for a period of twenty (20) years commencing as of the date of this Agreement unless earlier terminated by written agreement of the rnajority of the Owners, which written termination agreement shall be duly executed and recorded in the land records of Garfield County, Colorado, and which written agreeent shall otherwose provide for the continues maintenance of the Road; 13. This Agreement shall be governed by and constructed in accordance with the laws of the State of Colorado; 14. In the event that it becomes necessary for any individgal, Owner or group of Owners to retain legal counsel in order to enforce the provisions hereof, said person shall be entitled to reimbursement of all reasonable legal fees and costs incurred as a result of a party's breach of this Agreement; 15. This Agreement represents the entire agreement among the parties hereto and all other agreements, whether oral or written, pertaining exclusively to the subject matter hereof are hereby merged into this Agreement; NOW THEREFORE, in consideration of the mutual promises, terms, conditions and covenants set forth herein, and of the individual and mutual benefits and detriments hereunder arising, and odrer good and valuable cmrsiderdion, fte receipt and sufficiency of ifoich is ac,howledged, the Owners have set their hasds to this Agreement this day of ' , 1995. ','!0","-/! /,,_,.,,,il Gloria Jewell, Ow Jewell, Owner C, rry, owllel Abel Nunez, Owner Victoria A. Nunez, Owner Larry D. Tiffany, Owner Patricia A. Tiffany, Owner State of County of .-) Th.( for"going instrument was acknowledged before me this .* 'y' day of q , 1995. by Gloria Jervell. Witness my hand and officithfdOUUtSStON E;1ptRES: SEPIEMBEB 26, 1 ) ) My commission expires: State of County of/ ,t,^ The.fbregoing instrunrent w'as acknowledged befbre rne tl'isBr day The foregoing instrument was acknowledged before methis"// y' day of /t ( ,lgg5, by warren Jewell. Witness my hand and official seal. My commission expires: *SffiEHUr: State of County of L t ll.u./ , 199-i, by August G. ,Iervell.'.-__v- e/-?'of ) ) ) ) otary Pu611. Witness my hand and ofhcial seal. My comrnission expires: State of County of ) ) 9l ofday --) County q ls{I day of State of I J'< ^ The foregoing instrument was acknowledge before me thisf\q./ -iqBiuv Diane Barry. ,lit Witness my hand and official s?al N,!y conrrnission expires: ttf U la6 g,ltg sf Cobrq;e ) County of a;qrFdd ) The foregoing instrument was acknowledged before me this ,1995 by Abel Nunez. Witness my hand and oft-rcial seal My commission expires: day of day of The tbregoing instrument was acknowledged before me this ( ? " ,-f , 1995 by Alberta Jewell. Witness my hand and official seal. My commission expires: MY COMMISSION EXPIRES: SEPTEMBER 26, 1 998 State of ) ) foregoing instrument was acknowledged before me this hqr' ,1995 by James Barry. Witness my hand and official seal My copmission expires: rlulav Colcr"do C<ru.nty of -_Ga.[AA- ) ) Public Notary Public State of County of The foregoing instrument was acknowledged , 1995 by Victoria A. Nunez. Witness my hand and official seal My commission expires: Notary Public State of County of The foregoing instrument was acknowledged before me this ,1995 by Larry D. Tiffany Witness my hand and official seal My commission expires: Notary Public State of County The foregoing instrument was acknowledged before me this ,1995 by Patricia A. Tiffany. Witness my hand and official seal My commission expires: Notary Public before me this .day of day of of ) ) day of ) ) ) ) i:'i'-u pE t- l-';,, i.-ci- i i.. -t. i..:ii r l.-:i:iLrt t.,; [:i:r:aL:! ':':j;::; " :::i.i. i r. i'ies;a LEIJs..[ Iiesi:- t'i.pri-i.t1tt; i rac l-- :i5 r 5::; d:.: i;tti:.wrr t:n t-ne Hnrr:iet-:; i.-lntti Lr+rr ii ' ; it' .L a. t. i'ln , -1. ij r I eci F-i-re I i tli-i,.: a!-rd I{ecr:r-der- oi' irlo. .i;,i4yg L{E1n,.J .r-n t_ier{;ir:n 'ili west rrI tne bth [',t'l, .:,tr r '.i'7 o ir4, 4lir 5i n 5:i F arrcj ilr"r irarci i-)eve l. op'lnten t fnr r-ecr:r'cl irr l:lre o'i'fice nf Uiarf ieirJ [-L-11.il]t-y A= Dncrrmenf- :il5r Iowrr=hip 1 5or-ri-h" filange .tEif-iIEl:i.'i- A 3 t, t2' n, td I2 1'3 T4 N 4 ACr€S l--- TRACT 2I -I-_$orry1J _4!:!!r- glr4 I - sil.fifl 5 ACnES Tn cT 2t :L5 ARE LOTS :H RO SI-BOIVISt ...ROAD.DMEN.T SF-l/4*.1/,llMl/1 ROADS '2 :4 ect F.I.Sllt Project 35 2.5 F .t. 44 5.5.SiIt ProJec I F.t. 45 2 Ftl. sEt/4*t11a54,/',1 t5 Fr.no/ 2.5 5.5 F.I. 53 Si I t Projec z'sF''' (3:5 ).';i,f i;", 3v Y36 5.5 Silt ProJect 6Z 61 ,%AD EXHIBIT B '.,. 'l 6 il Pc tl'" brAr)d lsx lrorrsnrrttal rrienro 7671 |I];;;_1s,#*8ffi_-_l__ 6I _{': {lrr r _rlreic--I:r-- !i; ;- i .' ;-a :f;;.-EE.&-#t.,rU.8t itrrh c r:(303) 62r-430t : (303) 62s-Q6t9 i'ARt'l AND RANCI| AND VACANT LAND i i I['roperty Locaf ion; Corrnty l{oacj 233, Si.tb l,tesa I - Llaaal^ -Desc-r i1:rt l-ol i 'f {n:lts_L!_r_lQ. 3? , 44, 45, 5t , iZ, 53, "nO;F'sec 35, tss, ns2h' of--cEe--6'_Etr-3;r;;-i. ,.;h-rrin on r-xe inrretrs orcr;Ta-DE1;?:-fopn;i.-IfC-Ljf a b"-- -*-------- '--'- '- "-'-'^ - -" uttE 6 ' .-..- ITYPE OF PRO,'ER1'y: Mini-Farm anci l?orrclr t ACREACE: l0 A(:r(l ,l.riti;s ZON I NG: Acr- t{r?;iiitl;io*, -:rn dfr-iigur-'. zoNrNG: -as-iieG_(r\r\rurlr ruty : _ryliltr.:r.:i rrrICJatloI) f,.,rr, rrt'L: DRAI,NAGE: GOOCIBUILDINGS: rl'one i I IliJjWUR: lnlt_e-ll septic :ILIC1'l(I(iITY: in -C-oU!ry p.oa.Jl3] 1*,cJ,-TlL.Lnl]r^ nJilJJ, J',s-i;_: .J:ti.n;- -lrq-r-ec--r-.l!rs-trss.J_ _np.s.q.!rlt:ular views, i.J)11_t_s_U1!rlq._pt1-i.!gr_11,l s i C;s- oii_r.rr_b_"S: . S PEC I AL FEAl'Ut'l liS : -.!3'el:_o_n3_. rJ l:j:_:rl1g_o_!._-_:r_. sEiLt Ij,!ttrL_qp_E-9i_1!_-herr,er.jlbiEi-q_iril,..LE-bulco;1:'''.------ E.t(CLUSI0NS: Nr:ne I I ll h"A'f l.:R; tlr i l l WeI l GAS : -tri-- Corinr:ri-n"ia- 2ri-- t,1.rcE of land Lo buil,J SALES PRICE I _t!q, 000. 0t) f)er t.r:.'rr TERI'IS; t07 Werr 4dr Srnct P,(). Ror 202 Ritlc, Colomdo t1610 -+-eT*ril-qL, ._$_lz.00o: ()0 lr-p_t_iuiI.?. _ ] i I 30?1 (lowr),' (hrn): 3r,1.6? 1" 1.56-( (, rff 't : -l(1.!.rr25-4-t0 I I..A.\: lrJJ{25-0619 ..al-I-!9-tILs-- co. s i dered . ovn.e r f i rr a nc i. nq ava i r a b1e , b a-t-a n c e 4 nio i !-L+: il-6I- nlit[[tg_qllib].8€", . ; :*::-t---r _r,-;;-:-:_-:--:;E.&Eiiri;ii. -liE P !I r- !./raq.r, =:-_:_3-: :_=_i _: .: Jacl< C. Sours, $r. Iltol,er /s.rrttitrlo Fat'lt, ttaarlt rtt Va:on lnu!.,t,,r.r,ialtsl 6 H I'l'HE lNrolxArlol'l Pnovll,ED ASovE ts ('orrprLEIr fRou MI:ieLLr.Arrr:o,s ,.rr*",,i.Atrl, ls DBEMsD nELtAEts. HOWEV6T(, RtsouRCt Rr.At,Ty, ^no trs lcsNrs ;;,; I::^::::::::lr.E FoR ?HE rr:cuRAcy or. ,rlrri ,r0ovr rHFOnri^rroN, ,^rro ,,o.;;;'un,n";;"^;; ::":' l:^:l:l::..1 DEcrsroN fo p,,,r('r^sE 1rf, ADovE r)Escn,n,ru r.Ror.Enryr.AS A PRo5pECTM t,t.,yER, yoU sltotrID pLRr(,iM ";;; ;;;";r;;;;;;;;i ::r::l::i::r:^irS.lERrFv ^r.r. rnF.Rrr^,r.roN pRroR .ro 6unM;;;,;;";;";;;r_TO pt,icIA6E IOR ?t(n AFOVE IrE$cnt8[tr pRoI,tnry il I07 lvest 4rh srrect'p.0. Box 202,Rifle, c,ror.nd{ E1650 PH d r.rrr:.=!::_a_? g ,,1 !n; r.:rrrt:.1.+r- (.!r-t:::trar-rj i:ir-.tt.rr.J.:i.r.,-i.:tii.mrr 1..!rrrrrr*r.s .l lr-ati,.s .::; .) {.'i;,jr, .::; Ii,44 ,, i}9. i_i...i, " Li:,:: " l1 -t i [:rr"r'rfl):l ,.i i+nu:liii [:{ar"r-y i. lr"+r.: t.: ,l 4 } i.i+:.{.:t:r I .:i;- El- {ii:i lit',r:r l.li:'r+t.i l"l*"i. 1 Lr.::r't+nr:: tiil i.ir-; r-iilr;rrnttrr {:: l:,r.rrprr:r:,:i,.r.1. llrr.:lr-t:: l:rs,-r::nrnr-:; .c t-rqitii,-l 1.:r; r:,1:-;t:all],;l:*h;r. v.I.rthIe-r arrcJ .: i ..,., .1. 1 i: t-r,.1r' ,, i::'I r,,l,r ''i.it"i I .,,r,' t. iii,...t if l: ili..'l:i t.,t1.,,., rr,,:r... i'i.r.'. ,111111::r lrr-. 1 {:)tJ':i ir,.: ,. ,: -.rr .! liili r11yq,:1111 :r; i...{i!!r:.: 1:.:l ti.i..!)i..1 l lt.i ,,:; Ql.ii.l... l.,i:l ,, i. i'' ,..r', lL': ;il1' rrrii irlfl i(l:,it '.\.ii.1i') i ifl'1 ,.'! 11r.r1 l. r;,1 1 i')l r!.i!il-.i t.'!J i l,llri::r-r ',,!.!. 1 ...ti.l it:.)'i rt:i nr:l l 'trril (..l,...l tlirt i 'i-ir,.1 t'i r:'t{:..t..titlr*t r 1 ,,,r !,.t i. l. .1. !::y,,.: t."ir:'t::.(:rr"t.li111! j.t'' 1.It.l (:i+f 'f'-i.t.,f .1. t l 111i1.1,.,:rr,, ! | Ir (1,1r),1:).! !.ji :rri!1I!. .r i ri i:t ii:: i:.j r:.! l. . t ,.. i.r1i,,:r.i yl,:r1 ir')lt.1.{,It .i,ftL; tt l.f1,:i ,1,; tll.xrll.. l.:(r1lf- i1 r111r C:r, _1.,1:/r_i:ll i '; i i t' 'i, ::lrr,l ir.l. !,li,l. I 1.,r.ll lri.r r.,n, .rr l. ,; ir) i::,,ir... 11 _i.rr t:\.rt4i:l f)t. ;1...,,;;,lr1,!:rl-..',l.i1r.il,,.|li:l:li:ll| irr'.:rl' .,,r' i,: rr! i 1...i1t1..ti::!r, .lt)1..{.: t!ri.::.; ,rr.rrl..l.r:r:... il; rri :..i ,,i , 1,.)r.!r ::.., t'l,I)'-,"t. ],.i1 , O9-?78--a)- 'qTV- 7fn*f- 7/-€--2-4o-a4r.gi:- -O9%,: O7-.e75:ry '()'d--*.a.-d0?mi-*-*E7Joiaf, -"* --tr7?rx-C;r--wCs6r €e?Te *-o?-ffr7,- -f-r?:/7J-rsi----fl-"trw*pg-H *y-2*r* fi ----cr,i,Nrrrl t.I"^..L2z00th Dtff. ROAD MA IN'f I]NANCE AGI{EEM ENT lllli t,NDURSI(;Nlll),beingall ol'theowners(herealiercollectivelyref'erredtoasthe "()wners") ol'the real property descrihcd upon the attachecl llxhibit A (herealiercollectively relbrred to as the "Property"), which tixhibit A is by this rel'erence incorporated herein. do covenant and agree to the following terms and conditions of this Road Maintenance Agreement (herealter the "Agreement"): I . '['his Agreenrent concerns the merintenance of that certain road easement and right of way as clepicted upon the attached Exhibit B (herealter the "l{oad") which is incorporated Irerein by this ref-erence; 2. 'l'he Owners are desiror]s of establishing an equitable and enfbrcable agreement respecting the costs associated witlt rnaintaining the Road; 3. [:;or purposes of this Agreenrent, the phrase "uraintenance" is cleerned to irrclude all costs lbr labor and supplies necessary lbr the construction, inrprovement. repair. upgrading. suow ancl clebris renroval. and otherwise maintaining tlre Road to the extent necessary for the use thcrcol'lirr purposes ol.ingress and egress to each Owners' Iand within the l)roperty; 4. -l-he Owners lrereby agree zrnd covenarnt to sherre eclually. on a pro rata basis in all costs ol'tlre Roacl's rnaintenancc with each subdivicled. separately owned parcel ol'the Property responsible lirr onc cqual sharc of'such c:osts; 'l'lre Owners lurther agree that any nraintenance costs shall be detertrtiued and agreccl u;'ron in writing by a ma.iority of said Owrrers prior to the incurrance ol-any financial cxpcnditurc or otrligation lbr suclr lload merintenance; 6. I)ursuant to the terrns o1'this Agreenrent. il-an Owner owns a parccl ol'land within llte l)ropc-v1\, as zr lenant in commorr or hy ioint telrancv with one or nlore other person. saicl parccl o\\'ncrsslrall appoiutorreol'tlreirnunrberforpurp<lscsol'voting<lrrrvlrcther<lrlrotal{oad ntaitrtcrtaucc cost shall be iucurrccl arrcl lilr aexecutirrg uny irpprovals as descrihed hl,paragraplr 5 itbovc: Allcosts associatccl with thc l{txrl rvhich arc rx)t rvitlrirr tlrc scope ol'the clellnitiorr ol'"ntitinlr:nancc" t-tttclcr paragraph 3 hcrcol'("aclclilional cxpcnrlitru'es"). shall no( hc irrrl'rosecl upon an\r Os,rrcr rvitlrorrl srrclr Orvncrs'vrrillcrr corrscrrl u1'rproving such additiuual expcncliture: I)ro r:rtn asscssn.rorts lor the nraintcrrancc costs contcnrplatecl [r1,' this Agreenrent shall be clclii,crerl t<l tlre ()wncrs rviin a rcasorublc time aficr thc expense is incurred: (). l'hc Orvncrs nrirv clroosc ouc ol-lhc partics to tlris Agrcenrent to act itt the capacity ol'r'rurnaqcr'. r'r,hiclr pcrson shall be resPonsitrlc lirr alrangirrg nrcclings to cliscuss l{oacl rrririrrtcrrzrrrcc issues. corrtracts lill uraintenance Ialrrlrs ancl rnaterials. and tlclircrirrg ancl collcctirrg appropriate assessrnents lrcrcunclcr: 10. llach Owrrer has the riglrt ancl authority to act on hehalf'ol'allother Owners to enlirrcc the cluties and obligations herein clescribed; ll. It is the intentiorr of the parties hereto that the provisions of the Agreement run witlr the l:rnds encompassed by the Property and that the Agreernent lre birrding upon and inure to the benetit ol'all heirs, successors and assigns of any land within the Property; 12. 'l'his agreernent shall renrairr in lirll {'orcc ancl etl'ect lbr a periocl ol'trventy (20) years comrnencirrg as ol-tlre clate ol'this Agreellent unless carlier terminated by r,vritten agreernenl ol'the rrraioritv of tlre Orn,rrers, which written tcrnrirratioll agreenrelrt shall he duly exccutcd ittttl I'ecorclcd in thc land recrrrds ol'(iarfielrl ('orrrrty. Color:aclo. arrd wlriclr written agreeeut shall otherrvose provide lbr the continues nrairrtenance of the I{oad; l:i. 'l'his Agreer.trent shall be governed by ancl constructed in accordance with the larvs o{' the State ot'Colorado: l4 lrr the event that it bccorncs ueccssary lirr alry irrcliviclual, O'uvner or group ol' (hvtters to retain legal counscl in order to enlbrce lhe provisions hereol. said ;rerson shall he entitlecl to reirnburserncnt ot'all reasonatrle legal l-ees and costs incurred as a result of a party's breach ol' this Agreernent; l-5. -l'his Agreertrent reprcsents the crrtire agrccrrrent zrrnorlg the partics hereto and all otlrcr agrcerrrents. rvhctlrcr oral or writterr. pertaining cxclusively to tlrc sulr.ject nratter lrereof are heretrl, ttterged into this Agreettrelrt, NOW lllllltlrFOl{l:. irr cottsi<lcration ol'tlre ntutual pnrrniscs, ternrs, colrtliliorrs arrcl covcrtitttts sel lirrtlr hcrcitt. ancl ol'tlrc incliviclLral :rucl rnutual bcnelits ancl clctrinrerrts lrereurrder arrisirrg. ancl othcr goocl ittrtl valuablc consirlcration, the reccipt arrcl sul-llcielrcy of'r.r,hich is acknorvledgecl. thc Orvners have set thcir lrarrcls to tlris Agrcernent this -,\-.-\,,'.,,.\-=! rr.-J/ ( ilor ia .lcrrcll. ( )rvndr/ | rlay ol I 995 ..-rr,-{-L') [',-.*t/-l I Ju,rr"t Barry, OwnerDiane Abcl Nunez. Owncr Victotia A. NuneiG;;-- l.arry l). 'l'ilIany.( )rvrrer r;,ii':i.i,i A. 'l'illany. ()wncr State ol' (lounty ;l --) ) 'f 'lrc lirrcu.ing irstrunrent was ackrrowrecrged herbre tne tr.tisJ/ y' cray ofA{r-/-. l(x;. h' warren .lcrvc1. -ArtuwtL"LrLrL"u r)clore tne lnts4(/ ( \l'itucss nrv lralrtl zrncl ollicial scirl. My cornnrission cxpir.cs: MY,_9O, SEB Stat.: ol' (iotrrrtl,ol ry'hclirrc nte tl-tis 2(4 clat,ol \\/itncss; rnv lrirrrtl .rrrl .l1iciifl4t,COfUf,rflSSlON EXpIRES: \lt,,lv cornl:rission cxpir.cs: SEpTE-' ER26, lggg * a (l&.. /^ 7,Lf-//_ lirteqoirIg irrstnrrrrerrI rvus ircl<norvIcclgctl lrclirrc . l()9-5. hv Artgust (J. .l.r,cll. lrre lhis.9., l'}ublic , llrc L'cSLt*1' .-,/ rlay,ol- ) ) ) ) \.\/itncss rny hancl and olTicial seal My corntnissiort cxpircs: State ol' /i tr rJb- ) County "\ -/e,{ ' ) 'l'lre lbregoirrg instrunrent rvas acknowleclged befbre Ine this J, L duy of ( {- " -f . tirq.s by Albcrta.lewcll. -) Wilncss rnv lrarrcl irntl ollicial sc:rl. t i -f , Mv c.rrrnrissi.,r expires: """?BHIB?HI;i?ff"' i,1,1,kff,*A/rz- State ol' County ) ) I'hc t'oregoing irtstrunrent was acknowledged befirre nte this lr*day ol- \q.r' . l()()5 lry .lanrcs l]arry. Witncss rnv hancl arrcl ol'llcial seal N,'[y corrrnrtssiou cxpircs: tllulaV srirre ot' __CyL:f\r^__ (l(rlirrty ut- __G.g.f,zlA- I 5'{ I he lrlrcgoittg iustt'untetll tl,as acktrowleclge belore rne thjs clay ol' W- i;;i ;v Dianc rlarrl'. \\'ilncss rnv lutnrl :rrrrl ollicial sgal N'!r' c,lrrii'issio;t cx1'rircs: tlU leU St:.rlC tr[- e',zlrrqo\, --- ) ('rr1111ri,, 1yi' GSr Id_A__ ) I hc lilrcsoing irrstnrnrerlt \\,as ackttow'leclgccl lrelore rrre tlris .lt)()5 b), Ahcl Nuncz. clav ol Witrrcss lrry lururl ancl ol-licial seal l\'lr, corrrrrrission crpircs: Nolirrv l)trblic - WETI- COT.ISTRUSNON AhID TEST REPOHIT ENGINEERSTATE OF COLORADO. OI E OF THE STATE 5. GEOLOGIC LOG: Deecdption of Material Size. Color, Water. localion) - 13' I have read the ctatements made horein end know thc contents thereol. and that lhey are uue to my knowledge. [pursuant lo Section z*lu (1C.R.S.. the making o)lalee etatemen\frcrein conetitutqs Doriurv in lhe sccond deoraa aaA i< nrraichaltra -- - ^r^--?)y perjury in the cccond degree and is punishable as a class r misdemeanor.tcoNrRAcrot Q'{*|'- l=1" 2' ' , , , Ph.oJ", t7o4 v<-'+zzuc. No. z( :r/ .MailinoAddress = .print) WELL PERMIT NUMBER )WNER NAIiE(S) G ,..-. r B MaitingActdress aP. |.. -T<o- A- +M.ailiryAddress?.f . -Fq,< AZ. t- 9g,x.4p_., S'rf C^.XtL Phone Cjo? | Y-t t - .) >,a.s+, WELLLOCAIONASPBILf#P-; _ nt U4 <u)1l4,Sec. .3s- Twp. .< _ s,Range__3i__/^ \ DISTAT{CES FROM SEC. UNES: {" s f Sec. line. oR -IEBrOrWEsr STREET ADDRESS AT WELL LOCATION: 6. HOLE DIAM. (in.) e'l4 7. PI.AIN CASING OD (in) Kind Wa[ Sizez" 5+-" ) rg8 A,. elt < .. 7, PERF. cAStttG: Screenffi-ftF -4,t ?O.< ,i 16,0 8. FILTER PACK: Materaal 9. PACKER PI.ACEMENT: 10. GROUTING RECORD: Material. Amount Density lnterval placement . .&*"*-4t ..-; d- L/ G-]4i|\ wEla TEST DATA: Klcn*r box if Test Data is submitted on Form No. GwS 39 supplementat we, Test.TESTING METHOD statac tevel _ ft. Date/Time measured Pumping le,rel T ft. Date/Tim" rnl""rrli Production Rate oom. Tes tengrth (noJ--' Name/Title (Please type .t2 Ann. Used ,/ rul(tt No. GUS.39 11/90 - SUPPT.EMENTALTESTffi STATE OF COLOMDO, Ot E OF THE STATE ENGTNEER WELL PEBMIT NUMBER t- .1t- ffijt t..^{*Ksec' rine. ana s-?€,< ft. rrom #sec. rine. srREErADon@ Measurement Method: _fl4_ *^ -r_ , --^^L ___ Lengrth of airline (if usect) h Discharsepip"E_; o;ffi"; aoi Oi"r"t", ,, ,, inCheS, Are]fuffifii;."-ffiJTffi -- Recovery Data __- Time Water Level (feet) - ITEST DATA: Date of Test /_^ L-Time pumping t-"r"r @ rate pumping pressure(feet) (feet) tgprl - --- frrl 4o 2.f . -- --l+ - DISINFECTION: Type Water Quality analysis available. l. I have read the statements made fie ^$!'::Ili:"tr::$;::-"'L'x?ff;:;#I"ffiF 1i1",,",,",.,1n,, i"*," cons,itutes perjury in,he coNrmcroR L:._ //,Mailing Address hone (.7O1 ?< S - lame/Title a Lic. trtoA I #. Remarks - - type or print) Date(,' ,,- Signature -9 *k YNf\v U (D Pubtic service' June 9, 1995 James Barry P.O. Box 671 Silt, Colorado 81652 Dear Sir, Recenlly you inqrtired ahout the capacily available on lot 44 in Antlers Orchard Subdivision. At the time you indicated that you were proposing a split of this tract of land and also had plans to erect two homes on this parcel. It is my belief, absent of hard load data that the present transformer has the capacity to serve this lot, however you should understand that the company rvould have to extend facilities to serve the other home, This may consist of either utilizing the present transformer to extend secondary conductor and set a pedestal or intercepting the existing primary conductor and setting another transformer. Without hard electric load and use information I am speculating as to the nature of which we would use. The present arrangement is sufficient to serve the existing parcet (Parcel 44) and was designed using the information provided by the developer. This assumes one house on the parcel with gas heat and hot water and a square footage not to exceed 2700 square feet. Should you be given permission by the Planning and Zoning Department in Glenwood Springs, we would naturally look at the load information and provide a definite answer at that time. I hope that this rvill answer questions you may have regarding the facilities which presently exist to serve Parcel 44. Should you have further inquiries, please do not hesitate to contact me. I can be reached at 625-6019. acoletti, Planner Rifle, Colorado Publlc Servlce Gompony of Coloredo 1995 Howard Avenue Rifle, Colorado 81650 Form (D) 5l2.lM(X9 GAS IIISTRII 'ION FACILITIES EXTENSION . THIS AGREEIvIENT, between PUBLIC SERVICE TBEMBNT Ext. No. q4R-082-001 made this 19 th da1, of September ,te 94 ,by to as "Company"COMPANY OF COLORADO, A Colorado corporation, hereinafter referred ,?* ,1ril:T[IJ:i':T[::tr,iPPIiCANI, WITNESSETH : and and \['HEREAS, \\:HEREAS,Applicant has requested companv -to construct and install th. n....rir"y' ;;ffiffiffin facilities to provide *+ P€rDarI€Dt service to serve 8 single family lotq in Antlers Orchard Subdivision tn Garfield Count \\'HERE AS, Com pan1,'s service Lateral connection rnd Dirt.ibrtif, ilailEGIonthe installation of said facilities.Policy requires a Construction payment for NOw, THEREFORE, in considerarionl) Companl' agrees to construct with Construcrion Payment, {xdxdixg/excluding available (the Extension Completion Date).2) Applicant agrees' upon execution of this Agreement, to advance to company a construction payment in the amount of Six Ihousand Eight Hundred .e.nd Seven_qfEeven Dollarsrrreupduu ErBnE nunored snd Seventy_seven Dollars ($6rg77.00 11,-91 ,.:i,3 con n parr or in its entircommencing with the E-;;:;;;;;;ffi'X;:?l TfiH,ti:',:;,il'jiiL'*"H'1,""'"::,H#'Ii?,fl:',,]i:,,:: S:l,f::"1.lll:accordance with the terms and conditions of the E:il*i:I;."'".iff"."::::X":?:.1.,.:'::,",:1 :l;.llfb;G; M;t;-;;;!ffi;;;:;: Tni,"rf"#],-:T I[,Tii; H."Htil:1ili,1,:: ffi11i'::?x"T;:::fl:;::::",',xi:,::j xl'llolF; i";p:"ilj'i;;;'J*;i,';; ##J Ji.:J; [':#;:,iffi; ;ffJ#':::w,r any refund TXi:,:l::,"::.l]'.?l:1,:,li:T,n. E_;.i;;a;;;1;,;;;;",.,';:H#i#ffi;"."3;l;#i;::",t. ;;# ;il#;l ff#:I;H JJ#ll,'in,. exten si onisociated with thc evlencinnany costs associated with the extension.(c) Applicant elects between 3 (a) and 3 (b) above as follows:E l) companl'shall collect participation charges caused by connections to the extension coverecl by this agreement andrefund those amounts to Applicant pursuant to 3 (a) herein.D 2) companl' shall not collect any participation charges caused by connections to the extension covered by thisagreement' Applicant hereby represents that costs associated wiitr ttris extension shall be coilected directly by Applicant pursuant to 3 (b)herein. any, which may accrue as a result of excess Regulations currently on file with The public PUBLIC SERVICE COMPANY OF COLORADO APPLICANT 4l Nothing in this agreement shall be construed to u.aive the right to refund, ifconstruction allowance associated with service lateral installations puisuant to the Rules andUtilities Commission of the State of Colorado.5) Applicant agrees to execute the company's standard right-of-way agreements granting free of charge to company, such rights-of-u'ay as may be required, and recognizes thii Agreement is coitingent upon company obtaining any other rights-of-way from otherparties if required. 6) In the event Applicant should require additional gas distribution facilities other than for which the construction payment hasbeen made hereunder, such facilities shall be provided uy ..pr'.rt. "gi..r.nrr.IT IS MUTUALLY AGREED that the application and interpretation of this Agreement, including the definitions of terms usedherein' shall be in accordance-with company's Gai S-ervice Rules and Regulations, including company,s Service Lateral connection andDistribution Main Extension Policy, on nte ana in effect from time to timl with rhe public l]tilities commission of the state of coloradoand that said Rules and Regulations constitute a part of this Agreement and are binding on the parties hereto. IN wlrNESS WHEREoF, the parties hereto have executed this Agreement the day and year first above written. of the mutual covenants and promises herein contained, it is mutualty agreed as follows:reasonable promptness' the gas distribution facilities for which the a[plicant has made aService Laterals), and to notify Applicant when construction is .oritetea and service is Colorado. rrip By Name/Firm/*?' ,, Contingent upon receipt of copy ofAruy Corps permit. r Speci fy Corporation, parrnership, individual or individual doing business as . . . " Speci[v Permanent, Indeterminate, or Temporary, Mailing Address Fonn (F) 320:10-374t t ELECTRIC DIST^-JUTION FACILITIES EXTENSIO,. AGREEMENT THIS AGREEMENT, made this l9th day of September between PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation, hereinafter referred to as Ext. No. gAR:qg2-00! , 19 94, by and "Company" and a* , hereinafter referred to as "Applicant", WITNESSETH: WHEREAS, Company is a public utility supplying electric energy and electric service to various areas in the State of Colorado, and WHEREAS, Applicant has requested Company to constnrct and install the necessary electric distribution facilities to provide permanent service to serve 8 sinele fanlly lots in AntLers Orchard Subdlvision in Garf ield County , Colorado. WHEREAS, Company's Service Connection and Distribution Line Extension Policy requires a Construction Payment for the installaiion of said facilities. NOW. THEREFORE, in consideration of the mutual covenants and promises herein contained, it is mutually agreed as follows: 1) Company agrees to construct with reasonable promptness, the electric distribution facilities for which the Applicant has either made the Construction Payment or will make the Construction Payment within thirty (30) days from the commencement of construction, (lrolutfixglexcluding Service Laterals), and to notify Applicant when construction is completed and service is available (the Extension Completion Date). 2) Applicant agrees, upon execution of this Agreement, to pay to Company the Construction Payment in the amount of_Thirty Thousand and Forty-seven Dollars (930,047.00) 3) (a) Said Construction Payment may be refundable to Applicant in part or in its entirety during a ten (10) year period commencing with the Extension Completion Date. Any possible refunds will be made in accordance with the terms and conditions of the Company's Service Connection and Distribution Line Extension Policy. This policy is on file with the Public Utilities Commission of the State of Colorado and is available for inspection. In no event will any refund exceed the Construction Payment nor will any refund be made after ten (10) years from the Extension Completion Date, as determined from the Company's records. (b) In the alternative, the Applicant can directly pass through to purchasers of Applicant's property covered by this extension any costs associated with the extension. (c) Applicant elects between 3 (a) and 3 (b) above as follows: $ 1) Company shall collect participation charges caused by connections to the extension covered by this Agreement and refund those amounts to Applicant pursuant to 3 (a) herein. fl Z; Compiny sha-ll not collect 'any participation charges caused by connections to the extension covered by this Agreement. Applicant hereby represents that costs associated with this extension shall be collected directly by Applicant pursuant to 3 (b) above. 4) Nothing in this Agreementshall be construed to waive the right to refund, if any, which may accrue as a resuttof excess construction allowance associated with distribution and/or service lateral installations pursuant to the Rules and Regulations currently on file with the Public Utilities Commission of the State of Colorado. 5) Applicant agrees to execute the Company's standard right-of-way agreements granting free of charge to Company, such rights- of-way as may be required, and recognizes this Agreement is contingent upon Company obtaining any other rights-of-way from other parties if required. 6) In the event Applicant should require additional electric distribution facilities other than those for which the Construction Payment has been made hereunder, such facilities shall be provided by separate agreements. IT IS MUTUALLY AGREED that the application and interpretation of this Agreement, including the definitions of terms used herein, shall be in accordance with Company's Electric Service Rules and Regulations, including Company's Service Connection and Distribution Line Extension Policy, on file and in effect from time to time with the Public Utiliries Commission of the State of Colorado and that said Rules and Regulations constitute a part of this Agreement and are binding on the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year frst above written. PUBLIC SERVICE COMPANY OF COLORADO Jon Price APPLICANT Name/IirmBy By ,rContingent upon receipt of copy of Arny Corps permlt. + Specify Corporation, partnership, individual or individual doing business as. . . 't Specify Pennanent, lndeterminate, or Temporary. (TYPE OR PNINT NAI{E AND TITLE OF SIGNER) Mailing Address rEST DIVIDE RIFIJE, Officers President 876-2821 Xel [y Couey 4745 c.R.315sitt, co 81652 Vice President Samuet B. Potter 0598 c.R. 323 Rifte, co 81650 Treasure! Laverne Starbuck 3106 c. R. 342 si tt, co 81652 Secretary/L,ater l.lanaEer 625-1887 Russe[ [ George, Attorney Stuver & George, P.C. P. O. Box 907 Rifte, CO 81650 WATER CONSERVINCY DISTRICTP. O. EOX 1{79 coLoRADO 81650-1a78 62 5-1887 Board of Directom Ictty Couey 4745 C. R. 315sllt, co 81652 llittiam ll. Zitm 0090 Stntight Dr. Glerulood Springe, CO 81601 Laverne Starbuck 3to6 c.R. 342sitt, co 81652 Gregory Durrett 926 Btakc Avenue Gtenrood Springs, CO Et60t Samret B. Potter 0598 c.R. 525Riftc, CO 81650 May 1,L995 Mr. Dave MichaelsonGarfield County Department of planning 1-O9 Eighth Street, Suite 303Glenwood Springs, CO 81601 Dear Mr. Michaelson: Re: James Barry Mr. B.arry has asked me to write you concerning West Divide I ssubstitute water suppry plan and pran for augment;tion. There is adequate water in our substitute supply pran tothe needs of county residents applying for our conaracts.a permanent rease with Ruedi Round r for 1oo acre feet,feet on temporary rease with Green Mountain Reservoir,District has applied for 5oo acre feet of Ruedi Roundwhich should be approved this summer. we have considerable documentation on this rerationshipwest Divide and the state Engineer which we wourd shareand discuss with you in person at your request. Sincerely yours,'l ,i, " Ci '/ 'I ' I t; 'l 1/'t ("--'--''i,/l ( , .-' ,.'( t t rL:'l- ,' '' ).RusseII George ,' Attorney/Water Manager RG: jm provide We have 2OO acre and theII water betweenwith you STAIE OF LOLOI(ADO OFTICE OF THE STATE ENCINEER Division of Water Resources Department of Natural Resources t313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303! 866-1581 F,rv\ (3031 856-3589 December 5, 1994 Roy Romer C.orcmc hm;S. tahtr€ad Erkrlive Dkeaoe hhl D. Simpor $ac Eqinccr Mr. Dave Michaelson, Planner Garfield County Building and Planning' 109 8th Street, Suite 303 Glenwood Springs, CO 81601 RE: Deer Crest Orchard Subdivision Section 35, T5S, R92W, 6th p.M. Water Division 5, Water District 39 Dear Dave: Thank you for the referral for the Deer Crest Orchard Subdivision located approximately two miles northwest of Silt. The applicant is requesting to split the ten acre parcel known as Tract 44, futtlers Orchard Development Company's Plat No. I ino two five acre lots. The proposed water service will be from exempt wells. Two permit applications have been submiued to our office for this project - one application to reduce the number of acres for an existing permit and one application for the new lot should the subdivision be approved by the County. Pursuant to $30-28-136(1)OXD, C.R. S., the State Engineer's office offers the following opinion for your consideration regarding the material injury to decreed water rights and the adequacy of the proposed water supply: The Colorado River system and its tributaries at this location are over-appropriated. As such, well permis applications in new subdivisions must be evaluated to determine if other water rights would be injured considering the cumulative effect of all proposedlrells. It is likely that in many circumstances well permis could not be issued by our office without a court approved plan for augmentation. To date, we have no evidence that -a plan for augmentation is pending or has been approved by the water court in Glenwood Springs. Ttre pending permit applications (receipt numbers 377952A and B) will be denied uniil suct ti-e that the applicant obtains a court approved plan for augmentation. Should you have any questions regarding the water supply for this project, please contact this office. Lcerely, IuLir ilhr r,/J,nston *hter RbJources Engineer Orlyn Bell, Division Engineer James Lrmon, Water Commissioner STATE OF COLORADO OFTICE OT THE STATE INGINETR Division of Water Resources Department of Natural Resources lf13 Sherman Street, Room 818 Denver, Colorado 8O2O3 Phone (301) 866-3581 FAX (303) 865-3589 Roy Romer Cowrnor December 21,1994 JAMES BARRY P O BOX 671 slLT, co 81652 RE: Application Receipt No. 377952-8 Dear Mr. Barry: Your application for a permit to construct a well (amend an existing permit) is being returned lor additional information and/or correction. The requested information is required before your application may be evaluated further. All corrections and/or additions made to the application lorm must be typed or printed in BLACK INK and dated and initialed by the applicant. or the authorized aqent of the applicant. A leiler of authorization, signed by the appticant, is required il someone other than the applicant will make the changes. Please provide a copy of the SIGNED AND DATED County Commissioners Resolution, or a copy of the County approved survey plat with leqible dates and siqnatures showing the original tract and all new lracts created by Garfield County. The documentation submitted should specifically identify your 5 acre parcel. Make sure the information submitted includes a metes and bounds legal description, or a surveyor's plat of your parcel. The legal description or plat must contain a tie to a section corner or quarter corner so the parcel can be located on a USGS quadrangle map (scale of 1" = 2OOO'). Please Note: Pursuant to our December 5, 1 994 letter to Garfield County (copy enclosed), it appears unlikely that a well permit could be issued for this rrarcel if the paree! is ereatecl as a subdivision, as defined in C.R.S. 30-28-101, without a court approved plan for augmentation. Thank you for your cooperation. lf you have any questions, please contact this office and reference this letter and the above receipt number. Sincerely, /';)l',,1).(r'//ri". "t'l I t Jeff Deatherage Engineer tid Enclosure(s) lames S. Lmhhead Executive Director Hal D. Simpson State [ngineei APPLICATION TO LEASE WEST DIVIDE WATER Contract No J50Il2JDB( a) Map ID 11e. I72 Date Activated. 05/L5/95 AND DATA FORM WATER FROM CONSERVANCY DISTRICT A.APPLICANT Name Address Telephone Authorized Number Agent R.4ND DIAPE k. 3o-3 77L -or Representat 8/6 54 7,Y€ 6/4 eO. B. WATER RIGHT OWNED BY APPLICA}UT \Nameof Rishr RARR\/ (u)ELL-F/) Type of Stiuct Locat on of Point of Diversion s T4€ ALI C Water Court Case No. No. C. WelI Permit INTENDED USE Location of OF LEASED Area of WATER Use Description of Use Number of DweIling Units ODETotal Acreage Fl UE Proposed Potable l,Iater System A)ELL Proposed Waste-Water Treatment S stem €, Projected Monthly Volume of Leased Water Needed in Gallons: Jan. _June_ Nov.annual-TotaI calfons Acre Feet OAIE Feb. JuIy Dec. Mar. Aug. Apr.May Sept.Oct. gpmMaximum Instantaneous Demand D. OTHER REMARKS Slqnatu tative-l: ta - (l t; Date <. '€Lo ln. E' " Y '" 5T?r i '$ r'"t I rr-s. Contractuap ID I Date Act WESf DIVIDE WATER CONSERVANCY DISTRICT water Allotment Contract (a) 95 r ? t ) I f Name of Apprlcant, Iq".r.a, R. qrn\ \,,*n. k-. Err""1 Quantlty of hrat,er in acre feeE C)ne- Appllcant, hereby appliee to the west Dlvlde water Conservancy -Distrlct, a po11t. 1-cal subdlvlslon of the SEate of Colorado, organlzed pursuant to and exlstlng by vlrt,ue of C.R.S. 1973, 37-45-loI, _et seq., (hereinafter reEerred to as thetrDistrlct" ) for an aIIotment, contract to beneflclally andperpebually use water or water rlghts owned, leased, or hereafter acqutred by the Dlstrlct. By executlon of thls applleatlon, and subsequent dellvery and use of wat.er, Appllcant hereby agrees to the followlng terms and condltlons: l. Water Rlghts: AppIlcanE shalt own water rlghta at the polnt of dTversTon Eereln lawfuIly enttEllng Appltcant Eo dl.vert $rater, whlch wlll be supplemented by water leaeed hereln.If Appl lcant Intends to dlvert through a welI, tl musE be understood by Appllcant that no rtght to dlvert exlsb,s unttl a valid welI permit Is obtalned from the StaEe Englneer. 2. Quantity: water applled Eor by the ApPllcant in the amount set-76-r-T6-EEove ehall be diverted at Appltcant's polnE oE dlverslon from the Dlstrlctrs dlrect flow water rtghts, and when water 1s unavallable for dlverslon pursuant to adminlstratlon by the Colorado State Englneer durlng periods when sald direct flow water r lght ls not 1n pr lor lty, the Distr lct shall release for the use of Applicant up to sald quantlby in acre-feeE per year of sEorage vrater owned or conErolled by the Distrlct. It is understood thaE any quantiEy allotted from direct flotr, storage or otherwise, to the Appllcant by the Dlstrlct will be Ilmlted by the priority of the District's decrees and by the physlcal and IegaI availability of wat.er from Dlstrictrs sources. Any guantlty allotted will only be provlded so long as water Is available and the Appllcant tutly complIes wiEtr aIt of the terms and condltlone of this contract. The Distrlct and the Appllcant recognlze that some of the Dlstrletrs decrees may be ln the name of the Colorado Rlver water Conservation Distrlct, and the ablllty of the District to allot clirect flow rights to the Applicant may be dependent on the consent of E.he Colorado River water Conservatlon DisErlct. If at any time the Appllcant determlnes 1t requlres less water than the amount herein provided, It may so notlfy the Dlstrlct 1n wrlE,tng, and the amount oE water allotted under thts contract shal I be reduced permanently ln accordance wlth such notlce. Rates shall be adjusted accordingly ln followlng rrater years only. 3. Beneflclal Use and Locatlon of Beneflctal Use: Any and all water afloEtecffipplfcanE-6t-Iie E'isErIEE-sEEIT-Ee used for hhe following beneflcial use or uses: Municlpal, domesttc and related uses, or trrigatlon and commercial (except to the extent that Ruedi water may not be available for lrrigatlon and commercial as those terms are deflned on page 5 of Contract No. 2-07-70-w0547 between the Unlted States and the West Divlde water conservancy District). Appllcant's beneficlal use of any and all water allotted shaII be wibhin or through faclllties or upon land ownedr leased, operated, or under Appllcant's control. 4. Decrees and Dellverl: Exchange releases made by the Distrtct oit-iT-Etoiage_Trom Ru6dl neservolr, or other worke or facilltles of the Dlstrlct, or from oEher sources avallable to the Dlstrlct, shall be dellvered to E.he AppllcanE at the outtet works of sald sEorage facll ltles or at bh€ decreed polnt of .I I' il 1 I Jt -r- dlversion for satd other sources, and release or dellvery of water at such outleus or polnts shall conatltuEe performance of the DlsErlctrs t,ot,aI obltgatlon. Dellvery of water by the Diatrlct from Ruedl Reservoir shaIl be subject to the DlaErlct,!s Iease contract, wtt.h the Unlted states Bureau of RecIamatlon. Releaaea from other facllltles avallable to Dlst.rlct ehaII be subJecE to Ehe contracts, lawg, ruIes, and regulat,lona governlng releasea therefrom. Furthermore, t,he Dlstrlct hereby expresely reserveg the rlghE to store water and to make exchange releases Erom st,ructures that may be built. or controlled by the Dlstrict 1n the future, so long as Ehe waEer service to the Appllcant, Pursuant to E.his agreenent, Is not, lmpalred by sald actlon. Any quanElty of the Appllcantrs allocat,lon noE deltvered to or used by Appllcant, by the end of each waEer year (ocEober l), shall revert to the water supplles of the Dlstrlct. Such reverslon shall not entltle Appllcant to any refund of payment made for euch water. Water eervlce provlded by the DlstrlcE ehall be llmlteilto the amounE, of water avallable ln prlortEy at the orlglnal polnt of dlverslon of the DlsE.rlct's appll.cable r.,ater rtght, and nelther the Dlstrlct, nor those entitled Eo utlllze the Dlstrlctrg deerees, may call on any greater amount at new or alternate polntg of dlversion. The Dlstrlct BhaIl reguesE the Colorado State Englrreer to estlmate any conveyance loeses betueen the orlglnalpolnt and any alternate polnt, and such estlmaCe shall be deducted from thls amount ln each case. The DlstrlcE, or anyone uElng the Districtrs decreesr may call on any addlEtonal sou(ces of supply thaE may be avallable at an alternate polnt of dtverslonr (though not at the orlglnal polnt of dlverslon) only as agalnst waEer rtghts whlch are junlor to Ehe date of aPPllcatlon for the alternaEe polnt, of dlverslon. 5. Alternate Polnt oE Diverslon and Plan of .Auqmentatlon:Dlstrlctrs water rlghts or Btorage water may be requlred ln order for epptlcanE to use the water servlce contemplated hereunder. obtalnlng such decree 1s the excluslve responslblllty of Applicant. The Dlstrlct reservea the excluslve rl.ghE to review and approve any condltlons whlch rnay be aEtached to Judtclalapproval of eald alternate polnE of dlveralon as contemplated or necessary to serve AppllcanErs tacllttlee or lands. Appllcant acknowledges and agrees that, tt shall be solely responslble forthe procedures and legal and englneerlng costs necessary for any changes In water rlghtB conE,emplated hereln, and further agrees Eo lndemnlfy the Dl6t.rlct from any coetn or logeea related ther€to. Applleant ls solely responslble for provldtng works and facillEtes necessary to obtaln,/dlvert the waters at sald alEernate polnt, of dlverslon and dellver them to Appllcanttg lntended beneftclal use. Irrespectlve of the amount of water actually transferred to the Appllcantrs polnt, of dlveralon, the Appll.cant ehall make annualpaymentB to ttre Dlstrtct baeed upon the amount of water alloEtod under Ehls agreement. In the event the Appllcant lntende to apply for analternate polnt of dlverelon and to develop an augmentaElon plan and lnstltute legal proceedlngs for the approval of euch augmentatlon plan to allow the AppltcanE to utlllze the wat,eralloEted to Appllcant hereunder, the AppIlcanE sha1l gtve theDlstrlct, wrlEten notlce of euch lnt.ent. In the evenE the Appllcant, develope and adJudlcatee Ite own augmentatton plan to ut l l lze the wat,er allotted hereunder, Appllcant ehall not be obllgated to pay any amount under paragraph l8 below. In any event,, t.he DlsErtct, shall have the rtght, to approvo or dleapprovethe Appllcant,ts augmentatlon plan and the AppllcanE ehall provlde the Dlstrtct coples of such plan and of all pleadlnge and ot,herpapers flled with the water courE ln the adJudlcatlon thereof. r ? t ) /\ I 4 ti 1 JJ 6. ConEracE Payment: Non-refundable,admlntet.ratlve ffiunt deEermined by the Dlrectore of the Dlet,rlcE from Elme Eo t,lmer shaIl bewlth thls appllcatton for consideratlon by the DIEtrlcE. one t,lmeBoard of subn I Eted -2- Annual payment for the wat.er service described hereinshall be determined by the Board of Dlrectors of the Dletrlct at aper acre-foot raEe. The lnltial annual payment shall be mader 1n f uI1, within E,hirty ( 30 ) days af ter the date of not, lce to theApplicant that the lntttal payment ls due. 'Sald notlce wllladvlse the Appllcant, among other things, of the r.rat,er dellveryyear to which the lnltlal payment sha1l apply and the prtce whlch1s appllcable to that year. Annual payments for each yearthereafter shall be due and payable by the AppIlcanE on or beforeeach January 1. If an annual payment is not made by the due datel wr itt,en notlce thereof wlll be senL by the DistrlcE to theApplicant at such address as may be deslgnated by the Appltcant lnwrlting. (If no address has been so deslgnated 1n wrttlng, thensaid notlce shall be sent to Appllcantrs address set forth lrereln.Water use for any part oE a water year shall requlre payment, forthe entire water year. Nothlng hereln shal1 be const.rued so as toprevent the District, from adjust.lng the annual rate ln lt,s soledlscretlon for future years only. If payment ls not made wtthln ten (f0) days after thedate oE sa id wr ltten not lce , AppI lcant shal I at Distr lct, s soleoptlon have no further r lght, tltle or interest under thtscontract wlt.hout further notlce and dellvery may be lmmediatelycurtailed; and tlre allotment, of water, as hereln made, may betransferred, Ieased, or otherwlse dlspoeed of at the dlecretlon ofthe Board of Dlrectors of t.he Dlstrlct. 7. Secuqllly: As securlty to the Distrlct, theforegolng cov6iEnE----o-E- annual paymenLs tn advance of waterdelivery, wlll be fully met by annual budget and approprlatlon offunds Erom such sources of revenues as may be legally avallable tothe Applicant. As addib,ional security to Ehe Dlstrlct, theApplicant will hold harml.ess the DistrlcL and any person,corporation, guasi-governmental entity, or other governmentalentity, for discontinuance ln service due to the failure of theAppI lcant to maintaIn the payments hereln contemplated on acurrent, basis. - Applicant agrees to deliray any out-of-pocket expenseslncurred by the Dlstrlct in connection with the allotment of rdaterright.s hereunder, lncluding, but l)oE. Llmited to, relmbursemenE ofIegal and engineering costs incurred in connection with any waEerrights and adjudication necessary to allow Applieantts use of suchallotted water rlghts. 8. Asglgnment: Thls agreement shall tnure to thebenef it of the TEE6, successors or isslgns of the partles heret,o,except that no asslgnment shall be permitb.ed In the event thewater right allotted hereunder ls to be used for Ehe beneflt ofIand whlclr w11l be subdlvided or otherwlee held or owned lnseparate ownershlp intercsts by two (2) or more uBerB of the waterr lght allotted hereunder. In no event ghall the owner of aportlon, but less than aIl, of the Appllcantrs property to beserved under thls contract, have any rlghba hereunder. Anyassignment of the Appllcantrs rlghts uniler [hle contract shall besubject to, and must comply wlth, euch requlrements as theDlstr lct may hereafter adopt regardlng asslgnmenE of contraeErights and the assumptlon of contract obllgatlons by asslgnees andsuccessors. Nothing hereln shall prevent successors to a portlonof Applicant rs property from applying to the Distrlct Eoclndividual and separate allotment contracts. 9. Other Rules: Appl icant shal L be bound by theprovislons of tEE watd-Tonservahty Act of CoIoradol by the rulesand regulatlons of the Board of Dlrectors of the Dlstrictl and a1lamendments thereof and supplemenEs thereto and by all ot,herappllcable law. l0: -!?geratlon and Maintenance Agreement: Appllcantshall enter tnt@EEnande-r[qrEEment"'wtth theDlstrlct under Eerms and condlt,lons determlned by the Board ofDirectors of the Distrlct, lf and when, the Board of satd Distrlct J r ( v \I /, I I' 1; I \ \l J. t- )I I -3- r ?determines ln lts sole discretion that sueh an agreement 1e required. Said agreement may contaln, but shall not be limlted to, provtslons for addiEional annual monetary conslderatlon for extension of Dlstrict dellvery servlces and for addltlonal admlnlstrat.lon, operatlon, and malntenance costs, or for other costs to the Distrlct whlch may arlse through servlceg made available to the Appllcant. lI. Chanqe of Use: The Distrlct reserves the excluslve r lght to review-i-i6Ep-Ft6vE-lr disapprove any proposed change ln use of the water allotted hereunder. Any use other than that set, forth hereln or any lease or sale of the waEer or Lrater rlghEs allotted hereunder wlthout tlre prlor wrltten approval of the Dist.rict shall be deemed to be a material breach of thls contract. t2. Use and Place of Use: Appllcant agrees to use the water in the manner and on tEe property described ln the documents submltted to the Dlstrlct at the time thls agreement is executed ( satd documents are lncorporated hereln by thls reference thereto), or in any operatlon and malntenance agreement provlded by App).icant. Any use other than as set forth thereon or any lease or sale oE the water or water rlghts hereln, other than as permitted in paragraph B above, shall be deemed to be a material breach of h,h 1s ag reement. 13. Title: It 1s understood and agreed that not.hing herein shall be Interpret.ed to glve the Appllcant any equltable or legal fee tl.tle interest in or to any erater or water rl9hte referred to hereln. 14. Conservatlon: Appl icant shall use commonly accepted conseJiEEion praEtlces with respect to Ehe water and water r ights hereln, and hereby agrees to be bound by .anyconservation plan adopbed hereafter by the Dlstrlct for use of District owned or controlled water or waher rlghEs. 15. ResErlctlons: Appllcant shall restrlct uses as follows (unlesil-Ep6ETEid w6Tilers are appended to thla agreement). ViolaElon of these rest,rictlons shall be deemed to be a matertal breach of this agreement. I v Ir -I at 1-t 1l IlrLr I\l '3t ,:) )J \ Use Household Domestlc ( lncludes lawn)tivestock ( cattl.e )Irr lgation Annual Maxlmum Dtvorston l,/3 acre footl-3acrefeetI acre Eoot,/100 head 2-Sacrcfeet,/acre 16. Well Permit: If Applicant intends to divert tlrrough a wel. l;EIien-TpFffcant must provide to DlsErlct a copy of A1>pllcarrtrs vaIId well permit before Dlstrlct ta obll9aEed to deLlver any water hereunder. I7. Representat,ions: By execuElng this agreement, Appllcant agredl---EEEE-E-6-[E-not relying on any legal or englneering advlce that he may belleve he has recelved from Ehe DIstrtct. Appllcant further acknowledges thaE he has obtalned aIl necessary legal and englneerlng advice from hls own sourees other than the Distrlct. Appllcant further acknowledges that the Dlstrlct makes no guarantees, warranties, or assurances whatgoever about ttre quantity or quality of water avallable pursuant to hhls agreement. Should the District be unable Eo provlde Ehe waber contracted for hereln, no damages may be assessed againsE the District, nor may Appllcant obtaln a refund from the Dtstrlct. Court nilinq: Should the DistrlcE, F--E6-Tnc I udE-nppl lcant' s con t r act18. Costs of Waterin Its own dl hereln in a water court filing for alternate point of diverslon or plan of augmentation, then Appllcant hereby agrees Eo pay to the District, when assessed, an additlonal fee representlng the Distrlet.'s actual and reasonable cost,s and fees for AppIicanE'e share of the proceedlng. -4- I9. Bindinq Aqreement:- This Agreement shaIl not be complete nor b-ffiafrrg upfi-EIi"- DTsErlct unless aEtached hereto ls the forrn entltled "Application for Purchase of Waters from the West Divlde water Conservancy Distrlctn fully completed by Appllcant and approved by the DistricEts englneer. Said attachments shaIl by this reEerence Ehereto be lncorporated lnto the terms of thls agreement. 20. WA.T_NINq:. IT IS THE SOLE RESPONSIBIT,ITY OP THE APPLICANT TO OETtrIN--I_-VAITO WCII PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, II'ICLUDING THE WATER ACQUIRED UNDER THIS CONTRAC'T. IT IS THE CON'IINUING DUTY OF THE APPLICANT TO MAINTAIN TIIE VALIDI'TY OP THE WELL PERMIT OR IIATER RIGHT INCLUDING FILING FOR EXTENSIONS OF' PERMITS, PILING WEt,L COMPLETION REPORTS, FILING STA'IEMENTS OE BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WTTHOUT WASTE. APPLICANT: By APPLIC r i J ( -: -\f -'l a I' 1i I ll ):'\\l STATE OF COLORADO COTIN1TY OF GARFIELD Thls condltlons of contract: )) ss. ) re me on My commlssion explres: ORDER After a hearlng by the Board of Directors of the West Divide Water Conservancy DisErict on the above applicatlon, tE 1s hereby ORDERED that satd appllcatlon be granted and this contract shall be and is accepted by bhe Distrlct. 3t 7 1. 2. ADDRESS: -AaS xou e ng.', P,o, BoYL7t Stuf aca r?"q-rc 8/45\ WES DIVIDE 9IATER CONSERVANCY DISTRICT Bv '1,i'[, G-tu, Pres ldent, )" ' lt/ /'/:; ,/tt /? r*'.M Da{e \ l contract includes and 1s subject to the Lerms and the followlng documents which musE accomPany Ehis Map showlng location of point of diverslon (use map provided ) Appllcatlon and Data Form fully complet,ed and s ig ned OEhe r3. -5- .I rhe foreooino insbrument was ackrrr,i" /2r) day or J^"*y_, t{8, o, =)witness -my hand /and of-f iclal seal. LrST OE ADTOI\IING LAND CI^A]ffiS DMP. C.REST ORCIARD ST]BDTUTSTCNI Vince K. & Samantha A. Silvius 796 320 RoadSi1t, Co. 8]-552 Shawn C. & Barbara C. McEIroy P.O. Box 822Rif1e, Co. 8L550 Rick & ,fenny Bertolini P.O. Box 8403 Aspen, Co. 8L6L2 Abel & Victoria Nunez P.O. Box 528 Magalia, CA 95954 L. Warren & Gloria 'JeweIIl-531 259 Road Rif1e, Co.81650 August G. & Alberta ilewell 3483 233 RoadRifle, Co.81650 Philip A. & Kat,hqrn J. Barrie 572L 233 Roadsilt, co. 8]-652 Post-I. -fdhd tax transmittal memo 7t1 Proper Ly I.ocat ion: LeBal Descrit)t ir.lrr :Sec 35, T5S, R92W o-DE v 61-o!-m-e-riT-P-r-a u - *' - VACANT LAND County Road 233, SiIt Mesa RESOURCE REALTY =a=€25gJ6 L 9 P.Zi tficc:(303) 625i4301 AX: (303) 625i0619 4.r,<.'-TracLs 35, -3.6-, r-tT6-C;tti*P:I1. )' 4.{.C 3? , \-1,' ds -sir-oiln .1'-. I Li45, 51 , 52 ' 53 , ancl -62-:-"<in-t1e-effir e r-:is tlrchi-r? Typlt Of pROplt1T\: Mini-Farrn .rr:d ttanclt Z(.tllLNG:_.A9:ltesA CREAG B : -iA-+-c.-r--e---j'ra-q.u.:':-TRRIGATTON: Farlners IrriqationIRIiIGATI0N : raryer.$ _i-f_I]-gatig.l-_-..SOIL TYPE:DI(AlNAGE:Good BUILD.INGS: NONE I I I ""-*'t- i I I .i----;- I{ATBI(: sr._111_!Le^l_I. l;rileiitr: -.Ln.q!_a-l_I_9gplt_g_._____. tGAS: _In Q.p_g.it!_.y__Roa_U!_l_ - I:iJ,tic1t'l(ICI',t'Y: In Countv ltoa.d._ 33.3 I I """itJ;. *" "'"tl . t,l;-- ro" " .ffffi;drli5 j-"t-**--*^- ; . : SPECIAL PIATUITIS: q_Y9_[y9J]._e_g_re_?.!t_g._d:__q_ small t-raa'; j,{.*!un9_ ro_UuL|auhat special home. This is l,our chanee! I IEXCLUSIONS: None sALtis TUIIIIS: l'i(ICli : -t-50,_0ffi: !-9-_P-gl-^!.911 _ag_r__e_-EI_e._c.:L_$-L-009.0o_psl.{.,.r_LlI_9:,.._;.. _[f_f_ gg_re_-_-c:g_B9,i_d. eq9.{._.._-Q1ner f inancing avallir):le, 39_% <Jovrrt., tti-a nE;-; ;i-t-l;'at-6 b-n, ;l;t h s--tr -s-t % ^'i];r ;7e s ': . -*"__- ' I ' : I -_-:__{:li - -: =: -:= =,-- : =:--a :-'- f-> i.aql, L, \, qr' ltE\ \./Jr-tr t - I i!:;-i:: i:rir r a r? lgrtzr'y fTz - ll::=-:.=:J 3 : : .Iacll C. Sourr, Sr'. i Br'itcr As.tttcictlc i Fann, Ranc'h ,1 Vocant lanl .lpcciclist ; l0? \r'csr {rtr SrrlDct ' (lrnr): :Ull-(,?(-l 16.5 : l'.O. Bor 2t)2 (o[Li: t(r1.6?.,!-4_r0l : Riflc, Colorarl..' 61650 ;rA.t: Ip,l-(,r.j-ffr!,,1 ; :1'tre, tHEOtrt*ATloti FRovIDBD ABOvC lS COlrptLID FRoH r{tsc0LLApEOuS .soUp.c:is Allt Is DITEMPD RELIADLE. ttoYt:YER, t(t;souF.cf. Rr:,\LTy. ANt, r't.s AcEil'Is Atlt NOT RESI'OIISIBLE EOR ?tlrr ACCURACY Ol' Tllr; AnOVE tNfoRr.l^TtON. Ultl)tl8 lio 'cIRcUHSTANCES SIoULD TtlE INroRr.rarloN uD 5o961" SELIED UrON 'ty aJr. P6Rsox Ix rAxINc ^ DEcrstoN to t, lrRcnAsu TtlE ArlovF. lrllscr(tDED rR(rp:ixTi. AS A I'ROSPECTIYE BUY6R, YOU slrOULD I,r:3roRl.t youtt grli INDet'gtrtrt.::ir tNyESTIGATIOII AliD vERIPY ALL tNfot(l{ATlOt{ t.RtOt( TO SUUl,tITTiNc AN Clt"t,r,lx TO P1'RCIIA6B FOn ?ttU ADovE u[s(:klDl:D pROI'gR.t.y. i Lt m [raj I n, tlr--. l.t- a. . tt A Fom(F)320.10.374r ELECTRIC DI-^RIBUTION FACILITIES EXTENS^JN AGREEMENT Ext. No.g_48-082-001 THIS AGREEMENT, made this 19 rh dayof@,19 94, by and "Company" andbetween PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation, hereinafter refered to as ,o* , hereinafter referred to as "Applicant", WITNESSETH: WHEREAS, Company is a public utility supplying electric energy and electric service to various areas in the State of Colorado, and WHEREAS, Applicant has requested Company to construct and install the necessary electric distribution facilities to provide ** Dermanent service to serve 8 sinele fanilv lots in Antlers Orchard Subdivision tn Garfield Countv , Colorado. WHEREAS, Company's Service Connection and Distribution Line Extension Policy requires a Construction Payment for the installation of said facilities. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, it is mutually agreed as follows: 1) Company agrees to construct with reasonable promptness, the electric distribution facilities for which the Applicant has either made the Construction Payment or will make the Construction Payment within thirty (30) days from the commencement of construction, (trctudxpexcluding Service Laterals), and to notify Applicant when construction is completed and service is available (the Extension Completion Date).' 2) Applicant agrees, upon execution of this Agreement, to pay to Company the Construction Payment in the amount of Thirty Thousand and Forty-seven Dollars ($30,047.00) 3) (a) Said Construction Payment may be refundable to Applicant in part or in its entirety during a ten (10) year period commencing with the Extension Completion Date. Any possible refunds will be made in accordance with the terms and conditions of the Company's Service Connection and Distribution Line Extension Policy. This policy is on file with the Public Utilities Commission of the State of Colorado and is available for inspection. In no event will any refund exceed the Construction Payment nor will any refund be made after ten (10) years from the Extension Completion Date, as determined from the Company's records. (b) In the alternative, the Applicant can directly pass through to purchasers of Applicant's property covered by this extension any costs associated with the extension. (c) Applicant elects between 3 (a) and 3 (b) above as follows: @ 1) Company shall collect participation charges caused by connections to the extension covered by this Agreement and refund those amounts to Applicant pursuant to 3 (a) herein. I Z; Company shall not collect any participation charges caused by connections to the extension covered by this Agreement. Applicant hereby represents that costs associated with this extension shall be collected directly by Applicant pursuant to 3 O) above. 4)Nothing in thisAgreementshall be construed to waive the righttorefund, if any, which may accrue as aresultof excessconstruction allowance associated with distribution and/or service lateral installations pursuant to the Rules and Regulations currently on file with the Public Utilities Commission of the State of Colorado. 5) Applicant agrees to execute the Company's standard right-of-way agreements granting free of charge to Company, such righs- of-way as may be required, and recognizes this Agreement is contingent upon Company obtaining any other rights-of-way from other parties if required. 6) In the event Applicant should require additional electric distribution facilities other than those for which the Construction Payment has been made hereunder, such facilities shall be provided by separate agreements. IT IS MUTUALLY AGREED that the application and interpretation of this Agreement, including the definitions of terms used herein, shall be in accordance with Company's Electric Service Rules and Regulations, including Company's Service Connection and Distribution Line Extension Policy, on file and in effect from time to time with the Fublic Utilities Commission of the State of Colorado and that said Rules and Regulations constitute a part of this Agreement and are binding on the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. PUBUC SERVICE COMPAI{Y OF COI-ORADO Jon Price APPLICANT Name/Firm **Contingent upoD receipt of copy of Arrny Corps permit. * Spec$ Corporation, partnership, individual or individual doing business as. . . ** Specify Permanent, lndeterminate, or Temporary. of copy of Mailing Address CTYPE OR PRTNT NAMEAITID TITLE OF SIGNER) THIS AGREEMENT, between PUBLIC SERVICE Form (D) 612-10{M9 GAS DISTB /TION FACILITIES EXTENSIOI.GREEI}IENT Ext. No. q4R-092-001 made this 19 th day of SePtember ,D 94 ,byand COMPANY OF COLORADO, a Colorado corporation, hereinafter referred to as "Company" and hereinafter referred to as Applicant, WITNESSETH: WHEREAS, Company is a public utility supplying gas service to various areas in the State of Colorado, and WHEREAS, Applicant has requested Company to construct and install the necessary gas distribution facilities to provide permanent service to serve 8 single fanily lots in Antlers Orchard Subdivision a* tn Garfield County -, Colorado. WHEREAS, Company's Service Lateral Connection and Distribution Main Extension Policy requires a Construction Payment for the installation of said facilities. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, it is mutually agreed as follows: l) Company agrees to construct with reasonable promptness, the gas distribution facilities for which the Applicant has made a Construction Payment, dixdudirpexcluding Service Laterals), and to notify Applicant when construction is completed and service is available (the Extension Completion Date). 2) Applicant agrees, upon execution of this Agreement, to advance to Company a Construction Payment in the amount of -Six Thousand Eight Hundred and Seventy-seven Dollars ($6,877.00) 3) (a) Said Construction Payment may be refundable to Applicant in part or in its entirety during a ten (10) year period commencing with the Extension Completion Date. Any possible refunds will be made in accordance with the terms and conditions of the Company's Service Lateral Connection and Distribution Main Extension Policy. This policy is on file with The Public Utilities Commission of the State of Colorado and is available for inspection. In no event will any refund exceed the Construction Payment nor will any refund be made after ten (10) years from the Extension Completion Date, as determined from the Company's records. (b) In the alternative, the Applicant can directly pass through to purchasers ofApplicant's property covered by this extension any costs associated with the extension. (c) Applicant elects between 3 (a) and 3 (b) above as follows: E l) Company shall collect participation charges caused by connections to the extension covered by this agreement and refund those amounts to Applicant pursuant to 3 (a) herein. tr 2) Company shall not collect any participation charges caused by connections to the extension covered by this agreement. Applicant hereby represents that costs associated with this extension shall be collected directly by Applicant pursuant to 3 (b) herein. 4) Nothing in this agreement shall be construed to waive the right to refund, if any, which may accrue as a result of excess construction allowance associated with service lateral installations pursuant to the Rules and Regulations currently on file with The Public Utilities Commission of the State of Colorado. 5) Applicant agrees to execute the Company's standard right-of-way agreements granting free of charge to Company, such rights- of-way as may be required, and recognizes this Agreement is contingent upon Company obtaining any other rights-of-way from other parties if required. 5) In the event Applicant should require additional gas distribution facilities other than for which the Construction Payment has been made hereunder, such facilities shall be provided by separate agreements. IT IS MUTUALLY AGREED that the application and interpretation of this Agreement, including the definitions of terms used herein, shall be in accordance with Company's Gas Service Rules and Regulations, including Company's Service Lateral Connection and Distribution Main Extension Policy, on file and in effect from time to time with The Public Utilities Commission of the State of Colorado and that said Rules and Regulations constitute a part of this Agreement and are binding on the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and ye:u first above written. PUBLIC SERVICE COMPANY OF COLORADO Jon Price APPLICANT Name/FirmBy *. ?"-) ,, :t*Contingent upoo receipt of copy of Army Corps permit. Specify Corporation, partnership, individual or individual doing business as . . . Specify Permanent, Indeterminate, or Temporary. CTYPE OR PRINT NAME AND TITLE OF SIGNER) tt Mailing Address *i--!:l,jIy Planning Department Garfield County January 30, 1995 Subject Opposition to DEER CREST ORCHARD SUBDMSION This lettrer documents our objection to the proposed subdivision as ouilined by public notice. We objectfurthe follovuing reasons. 1) One of the main reasons we selected our tract in this area for our homesite was e>octty because Ure minimum size was ten acre and that there would only be limited number of homesites available. These sites were, in fact, advertised as "Mini#arm and Ranch eites' on "ten acre tracts'and under that premlse justified tre asking price.We believe if the Barq/s wanted less than ten acres then they should not have purchased property in an area clearly being sold as such. 2) Our second conc€m is the precedent this subdiMsion into five acres would set fior the fufure. lf approved, we fear other ouyners might do the same and further subdivions would ultimately follorr which would put a strain on a utility grid and private road designed fior a smaller number of homesites' 3) Finally, as one of the first owners to start consfouction, we have invested considerable time, money, and efrort to develop this raw land into a suitable homesite. Starting from scratch, itwas nscessaryto organize a homeournerc associafion to share the extremely hlgh cost of bringing in utilitles, malcing required improvements tro the private road and formulating a private road maintenance agreement. Unfortunately, this proposed subdivision has already hampered this efrort. We have been unable to get the two otlrnerc of the proposed subdivision to elther sign the Private Road Maintenance agreement or pay the same fair share as the other owners for utilities or road improvement. Obviously two homesites instead of one witl increase botr the traffic on the private road and the draw on a utility grid designed for fewer homes. Therefore, we urge you to not grant approval br this proposed subdivision. Thank you for the opportunlty to express our views. Sincerelv.St. " t^, qt_t 6,Jd-,-e /VL Shawn and Barbara McElr Lr,.^i,.L ,i"jr_ t.: -.- . r {ci' tl ,j L' '' - , 'r