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Upper Divide, LLC
• GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile v��t3lw.garfieid-coanty,pom • R_E`;IED MAR 0 9 2007 GARFIELD COUNTY BUILDING & PLANNING 970.384.3470 Exemption from the Definition of Subdivision GENERAL INFORMATION (To be completed by the applicant.) Street Address / General Location of Property: 7749 County Road 313, New Castle, CO 81647 fr Legal Description of Parent Property: See attached Exhibit "A" > Size of Property (in acres) as of January 1, 1973: 200 i- Current Size of Property to be Subdivided (in acres): 45.442 > Number of Tracts / Lots Created Including remainder of Parent Property: Four Proposed size of Tracts / Lots to be Created Including remainder of Parent Property: o Lot #: 1 containing 15.84 acres o Lot #: 2 containing 14.02 acres o Lot #: 3 containing 9.61 acres o Lot #: 4 containing 5.92 acres o Lot #: containing acres r Property's Zone District: AR/RD r Name of Property Owner (Applicant): Upper Divide, LLC > Address: P.O. Box 1220 Telephone:970-963-3295 970 - City: Carbondale State: CO Zip Code: 81623 FAX: 963...s164 Name of Owner's Representative, if any (Planner, Attorney): Gerald D. Hartert, Esq. Address: 210 Tenth Street Telephone:970-928-9665 970- r City: Glenwood Springs State: CO Zip Code: 81601 FAX: 923-9680 STAFF USE ONLY = Doc. No.: Date Submitted: TC Date: • • Our Order No: GW250170-5 LEGAL DESCRIPTION A TRACT OF LAND IN THE SW1/4SW1/4 OF SECTION 24 AND THE NW1/4NW1/4 OF SECTION 25 ALL IN TOWNSHIP 7 SOUTH, RANGE 91 WEST OF THE SIXTH PRINCIPAL MERIDIAN SAID TRACT BEING A PORTION OF THAT PARCEL DESCRIBED AT BOOK 768, PAGE 867 IN THE OFFICE OF THE GARFIELD COUNTY CLERK AND RECORDER AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT PORTION OF SAID SW1/4SW1/4 OF SECTION 24 AND THAT PORTION OF SAID NW1/4NW1/4 OF SECTION 25 LYING NORTHEASTERLY OF THE CENTERLINE OF COUNTY ROAD NO. 313 AS CONSTRUCTED AND IN PLACE. TOGETHER WITH A PORTION OF SAID SW1/4SW1/4 OF SECTION 24 AND A PORTION OF SAID NW1/4NW1/4 SECTION 25 LYING SOUTHWESTERLY OF THE CENTERLINE OF SAID COUNTY ROAD NO. 313 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE SOUTH 1/4 CORNER OF SECTION 23, TOWNSHIP 7 SOUTH, RANGE 91 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEARS S. 84 DEGREES 58' 04" W. 2870.33 FEET; THENCE N. 48 DEGREES 23' 30" E. 211.86 FEET TO THE CENTERLINE OF SAID COUNTY ROAD; THENCE ALONG SAID CENTERLINE S. 44 DEGREES 16' 22" E. 62.14 FEET; THENCE S. 36 DEGREES 59' 18" E. 142.38 FEET; THENCE S. 35 DEGREES 45' 20" E. 165.47 FEET; THENCE S. 21 DEGREES 20' 59" E. 186.39 FEET; THENCE S. 28 DEGREES 36' 34" E. 173.80 FEET; THENCE DEPARTING SAID CENTERLINE S. 59 DEGREES 35' 54" W. 447.29 FEET; THENCE N. 29 DEGREES 29' 38" W. 282.57 FEET; THENCE N. 04 DEGREES 37' 47" E. 287.18 FEET; THENCE N. 11 DEGREES 00' 27" W. 175.40 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO Exhibit A • • GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and Upper Divide, LLC (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for Exemption from the Definition of Subdivision (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT Upper Divide, LLC By : Z{A y Signature Date: March , 2007 yAi I v , vim Print Name Mailing Address: P.O. Box 1220 Carbondale, CO 81623 10/2004 Page 4 • • Requirement No. 1 — Narrative explaining why exemption is being requested. 1. The purpose in requesting an exemption for the subject property is to permit its division into a total of four (4) Parcels ranging in size from 5.92 acres to 15.84 acres, and comprising a total of 45.442 acres, less and except that portion lying within the right-of-way of County Road 313. The intended use and purpose of the Parcels for which exemption is sought is within the current zoning of the property (AR/RD Zone District), such use and purpose being single family residential dwellings and related and permitted structures and uses. The use of the Parcels in this fashion is consistent with the neighborhood in which a number of single family dwellings are located upon Parcels of similar size and circumstances, including the existing single family residential dwelling located on what we have designated as Parcel No. 2. All Parcels, as is required, will have access to County -maintained County Road 313, as shown and described on the accompanying documentation and Plats describing the various Parcels. As stated in the various other requirements submitted with this Application, three of the requested Parcels will be served by an exempt well recently installed and the other Parcel (Parcel No. 2), presently improved as aforesaid, will be served by a shared spring/cistern facility presently in existence. The fourth Parcel requested in this Application is designated as Parcel No. 4 on the accompanying Plat, is sought for the reason that this particular Parcel is divided from the balance of the property by County Road 313 and is unusable, practically speaking, for any purpose with the rest of the Property in this circumstance and configuration. In summary, the exemption requested will be consistent with the neighborhood as it presently exists and will not impair or defeat the stated purpose of the Subdivision Regulations, nor be detrimental to the general public welfare. The exemption does not require any amendments to the Zoning Resolution or variances from the requirements thereof. The Parcels, as indicated by the other documents submitted herewith, will have access to County Road 313; will have an adequate water supply, both in terms of quality and quantity, and would further be served by on-site generated electrical power to each Parcel, telephone and ISDS, all subject to County requirements and approvals. Exhibit 1 Feb 28 Oil 10:43a Wayne Shelton 970-927-3801 p.1 D TEST WELL CONSTRUCTION AND STATE OF COLORADO, OFFICE OF THE STATE REPORT ENGINEER -R OFFICE USE ONLY 1 APPROVAL # GWS31-91-03 1. WELL PERMIT NUMBER 272647 2 Owner Name(s): Upper Divide LLC Mailing Address: P.O. Box 1252 City, State, Zip : Carbondale, CO 81623 Phone #: WELL LOCATION AS DRILLED 3 SE 1/4 DISTANCES FROM SEC. LINES 95 11. from North Sec. line and 700 II. from SUBDIVISION: STREET ADDRESS AT LOCATION NE I/4 Sec: 33 Twp: 5 S Range: 90 W West Sec. line OR Fasting: Northing: LOT: BLOCK: FILING (UNIT): 4. GROUND SURFACE ELEVATION ft. DATE COMPLETED: 2/26/2007 TOTAL DEPTH: DRILLING METHOD Air Rotary 145 DEPTH COMPLETION: 145 5. GEOLOGIC LOG 6. HOLE DIAMETER (in) FROM (ft) TO (A) Depth Type of Material (Size, Color, and Type) 9.0 0 40 000-012 Dirt, Rocks 6.5 40 145 012-145 Wasatch Formation 7. PLAIN CASING OD (in) Kind Wall Size From (ft) To (ft) 7.0 Steel 0.240 -1 40 5.5 PVC 0.250 35 50 5.5 PVC 0.250 60 120 PERF. CASING : Screen Slot Size 5.5 PVC 0.250 50 60 5.5 PVC 0.250 120 145 Water Located: 50 - 60 Remarks : 8. Filter Pack Material : Size : Interval : 9. Packer Placement Type : Depth : 10. GROUTING RECORD Material Amount Density Interval Placement Cement 5 sks 6 galisk 10-40 poured 1 l . DISINFECTION : Type : HTH Amt_ Used : 6 oz. 12. WELL TEST DATA : () Check Box If Test Data Is TESTING METHOD : Air Compressor Static Level : 0 ft. Date/Time Pumping Level : Total R. Date/Time Test Remarks : Submitted On Supplemental Measured 2/26/2007 Production Rate 7 gpm Measured 2/26/2007 Test Length : 2 hours J 13 . 1 hate read the statements made herein and know the contents thereof. and that they are true m my knowledge. (Pursuant to Section 24- 4-1-4 (l3Xa) CRS, the making of false statements constitutes perjury in the second degree and is punishable as a class 1 misdemeanor.) CONTRACTOR : Shelton Dnlhng Corp. Phone : (970) 927-4182 Mailing Address : P.O. Box 1059 Basalt, Co. 81621 Lie. No. 1095 Name / Title (Please Type or Print) Wayne Shelton /President Signature / Date 2/27/2007 Exhibit 7 LIGHT issuance of this permit of a vested water right from ;R 402-2, unless approval I Pump Installation Form No. GWS -25 APPLICANT OFFICE OF THEADTATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St , Denver, Colorado 80203 (303) 866-3581 UPPER DIVIDE LLC PO BOX 1252 CARBONDALE, CO 81623- (970) 963-8600 PERMIT TO CONSTRUCT A WELL 1095 WELL PERMIT NUMBER 272647 DIV. 5 WD45 DES. BASIN MD APPROVED WELL LOCATION GARFIELD COUNTY NW 1/4 NW 1/4 Section 25 Township 7 S Range 91 W Sixth P.M. DISTANCES FROM SECTION LINES 210 Ft. from North Section Line 710 Ft. from West Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER F CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The does not ensure that no injury will occur to another vested water right or preclude another ownei seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 C( of a variance has been granted by the State Board of Examiners of Water Well Construction an( Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 45.00 acn of Secs. 24 and 25, Twp. 7 S, Rng. 91 W, Sixth P.M., Garfield County, more particularly describe 4) The use of ground water from this well is limited to fire protection, ordinary household purposes three (3) single family dwellings, the watering of poultry, domestic animals and livestock on a far irrigation of not more than one (1) acre of home gardens and lawns. 5) The pumping rate of this well shall not exceed 15 GPM. 6) The return flow from the use of this well must be through an individual waste water disposal syst non -evaporative type where the water is returned to the same stream system in which the well is 7) This well shall be constructed not more than 200 feet from the location specified on this permit, APPROVED JSG ped :s described as that portion :d on the attached exhibit A. nside not more than Ti or ranch and the of the located. -?-� ,2/v/ State Engineer By 02-14-2007 EXPIRATION DATE 02-14-2009 , Receipt No. 9502703 DATE ISSUED 10/04/2006 16:43 FAX 9744547 PI" Land Title GUARANTEE COMPANY LTG-GLENWOOD SPRINGS 0-) GERRY HARTERT 2002/012 1317 Grand Avenue, Suite 200 Glenwood Springs, Colorado 81601 Phone: (970) 945-2610 Fax: (970) 945-4784 October 4, 2006 Gerald Hartert 210 Tenth St. Glenwood Springs, Co. 81601 Re: Parcel No. 2399-24-3-00-098 Mr. Hartert: It appears from a review of the Garfield County Clerk & Recorder records that the above captioned parcel was created by deed recorded September 11, 1991 in book 813 at page 45. On January 1, 1973, the contiguous parcel from which parcel 2399-24-3-00-098 was created included: T.7 S. R. 91W. 6th P.M. Sec 24: SW1/4SW1/4 Sec 25: W1/2 NW -1/4 Sec 26: W1/2 NE1/4 This is demonstrated by deed recorded November 1, 1972 in book 437 at page 278 and deed recorded October 29, 1973 in book 451 at page 267. The remainder of the above contiguous parcel was conveyed by deed recorded November 3, 1993 in book 880 at page 871 and is presently in the same configuration. If we can be of further assistance please let me know. Truly Yours Tom Schuneman Title Manager Exhibit 11 The intended method of sewage disposal is by individual sewage disposal systems for each Parcel. Exhibit 8 Feb 28 07 05:35p Admin 970-876-2774 Burning Mountains Fire Protection District hurning nnisfpd(Ornsn com p.1 20 February 2007 Bill Rice Divide Creek, LLC. Mr. Rice: I have reviewed the plot plan for the project and find no concerns for the fire district. When actual building projects are proposed there may be requirements based upon the actual occupancy of the projects. At this time there are no specific requirements to impose. Let me know if I can be of any further help. President, Adria Mifart-Baker Vice President, Mary L Haggett Secretary, Marc Jaffrey T'd 179T8 -E96 (OL61 Yours truly, Treasurer, John W. Gredig Director, Bob-Wm/8r Fire Chief, Brit Melin • ou I opeJo i o3 ,}o p Exhibit 9 IVJan 11 2007 2:28PM of Colorado Inc. 1111 l i M 614104f r 1R Iidll l00041 illi6rM 1111 Reeeptlonfi: 713203 112of53�Reo Feen$16i 00aDoc OFees31.50 GARFIELDdred f COUNT' CO Reception No. (9701 96364 p. 1 o'clock H. RECORDER. By DEPUTY. WARRANTY DEED THISDELD, Made on this day of December 14, 2006 SUE D. BROOKMAN of the County of l7PPER DIVIDE, LLC between and State of COLORADO , of the Grantor(s), and whose legal address is : P.O. BOX 1252 CARBONDALE, CO 81623 of the County of GARFIEL.D and State of COLORADO of the Grantee(s): WITNESS, That the Grantor(s), for and in consideration of the sun of ($315,000.00 *00 Three Hundred Fifteen Thousand and 00/100 *** DOLLARS the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grentee(s), his heirs and assigns forever, all the teat property, together with improvements, if any, situate, lying and being in the County of GARFIELD and State of Colorado, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF also known as street re>nber 7749 COUNTY ROAD 2113 NEW CASTLE CO 81647 TOGETHElR with ell and singular and hereditamaots end appurtenances thereto belonging, or 'r 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 Grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s), his heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant, bargain, end agree to and with the Grantee(s), his heirs and assigns, that at the time of the ensealing and de.ivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, axCPPT 0000En LL mums AND AASESSIEYTg POE TBR TEAR 2000 AND seeseeenmn. YEARS, AND EXCEPT TMOSX r as As DLT FORM ON LffiIn11 0 ATTACUED NERETD The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet arc peaceable possession of the Grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, and the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the Grantor(s) has executed this deed on the date set forth above. STATE OF COLORADO ) )ss. County of GARFIELD BY: at— 16' SUE D. BROOKMAN MARY L. SCHEURICH NOTARY PUBLIC STATE OF COLORADO My GommIealon Expires May 22, 2008 The foregoing instrument was acknowledged before me on this day of December 14, 2006 by SUE D. BROOEMAN My commission expires /11/) Witness my hand and official sea��fd` `/'�,,,,' INotary Public Name and Address of Person Creating Newly Created Legal Description ( 38.35-106.5, C.R.S.) Escrow# CB250170 Tltte# GW250170 Form 82 Land Tide When Recorded Return to: IRMW OF COLORADO INC. PO Box 1252, CARBONDALE, CO 81623 D.0PEN WARRANTY DEED (Photographic) (4135003) Jan 11 2007 2:28PM W of Colorado Inc. 41, 101In W IF II1,1. IWRIhN I?E0140VPIIIiil 1111 Reception4: 713293 '2/15/06 3. 14PM 8:1874 P:0157 Mildred Pledarf 2 of 3 Rec Fee:S16.00 Doo Fes:31. 50 GARFIELD COUNTY CO EXHIBIT A (970) 96� 64 p.2 A TRACT OF LAND IN THE SW1/4SW1/4 OF SECTION 24 AND THE NW1/4NW1/4 OF SECTION 25 ALL IN TOWNSHIP 7 SOUTH, RANGE 91 WEST OF THE SIXTH PRINCIPAL MERIDIAN SAID TRACT BEING A PORTION OF THAT PARCEL DESCRIBED AT BOOK 768, PAGE 867 IN THE OFFICE OF THE GARFIELD COUNTY CLERK AND RECORDER AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT PORTION OF SAID SW1/4SW1/4 OF SECTION 24 AND THAT PORTION OF SAID NW1/4NW1/4 OF SECTION 25 LYING NORTHEASTERLY OF THE CENTERLINE OF COUNTY ROAD NO. 313 AS CONSTRUCTED AND IN PLACE. TOGETHER WITH A PORTION OF SAID SW1/4SW1/4 OF SECTION 24 AND A PORTION OF SAID NW1/4NW1/4 SECTION 25 LYING SOUTHWESTERLY OF THE CENTERLINE OF SAID COUNTY ROAD N0. 313 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE SOUTH 1/4 CORNER OF SECTION 23, TOWNSHIP 7 SOUTH, RANGE 91 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEARS S. 84 DEGREES 58' 04" W. 2870.33 FEET: THENCE N. 48 DEGREES 23' 30" E. 211.86 FEET TO THE CENTERLINE OF SAID COUNTY ROAD; THENCE ALONG SAID CENTERLINE S. 44 DEGREES 16' 22" E. 62.14 FEET; THENCE S. 36 DEGREES 59' 18" E. 142.38 FEET: THENCE S. 35 DEGREES 45' 20" E. 165.47 FEET; THENCE S. 21 DEGREES 20' 59" E. 186.39 FEET: THENCE S. 28 DEGREES 36' 34" E. 173.80 FEET; THENCE DEPARTING SAID CENTERLINE S. 59 DEGREES 35' 54" W. 447.29 FEET; THENCE N. 29 DEGREES 29' 38" W. 282.57 FEET; THENCE N. 04 DEGREES 37' 47" E. 287.18 FEET; THENCE N. 11 DEGREES 00' 27" W. 175.40 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO 5/3 Form EXHIBITA 01/17/03 1W250170 Jan 11 2007 2:28PM ilirof Colorado Inc. [9701 963-81 04 VIII A W11al ILIWdIIh4IM141110 11:101iN 11111 Reception0: 713203 12/15/06 3,14PM 8:1874 P:0158 Mildred Rlsdorf 3 of 3 Ren Fee: E16.00 Doc Fee:31.50 GARFIELD COUNTY CO EXHIBIT S Our Order No. GW250170-5 RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 15, 1919. IN BOOK 112 AT PAGE 338. TERMS. CONDITIONS AND PROVISIONS OF QUIT CLAIM DEED RECORDED July 16, 1910 IN BOOK 62 AT PAGE 442. RESERVATION OF A PERPETUAL NON PARTICIPATING ROYALTY OF 1/12TH OF 8/8TH OF ALL OIL, GAS AND OTHER MINERALS PRODUCED SAVED FROM SAID LANDS AS RESERVED BY LOREN W. ARTHUR AKA LOREN WESLEY ARTHUR AND MARY E. ARTHUR AS DESCRIBED IN DEED RECORDED OCTOBER 29, 1973 IN BOOK 451 AT PAGE 267, AND ANY INTERESTS THEREIN OR ASSIGNMENTS THEREOF. RIGHT OF WAY EASEMENT GRANTED TO NORTHWEST PIPELINE CORPORATION IN INSTRUMENT RECORDED MAY 3, 1982 114 BOOK 598 AT PAGE 568. RIGHT OF WAY FOR COUNTY ROAD NO. 313, INSOFAR AS IT EFFECTS THE SUBJECT PROPERTY. ANY BOUNDARY DISCREPANCY DUE TO THE LOCATION OF FENCE LINES AND THE EFFECT OF ANY RIGHT, TITLE OR INTEREST THAT MAY BE CLAIMED DUE TO ANY SAID DISCREPANCY AS SHOWN IMPROVEMENT SURVEY PREPARED BY BOOKCLIFF SURVEY SERVICES, INC. PROJECT NO. 06231.01 ENCROACHMENT OF DILAPIDATED CHICKEN COOP ONTO SUBJECT PROPERTY AS SHOWN ON IMPROVEMENT SURVEY PREPARED BY BOOKCLIFF SURVEY SERVICES, INC. PROJECT NO. 06231.01 p.3 (Assessor's Parcel EXHIBIT 5-1: Parcel Number er Attached M 0 • • 0 O 6 O 0 W • Mv O 0 Vi A. 1..t4/ a L a 0 L. C a to ... '. 60 O N N M d0' �t O O Q to "O -1"' O O O O O O --, __, Z z • srr. O 0 O • 7ti ... i0. h V0 • O N - O O� a> OT 00 CT ,0 w M M O N ch M • O M O i. M O• N M M M U "L m �~� N O N bA r*" v O 0 0� • V0 �� V O 0 O� O ▪ 0 0? • O } "" 0 G> R"U o� poo v5. `O� U �o �U • \r . y^ C) oo 0 s 00 N — .a ,1/-.) j • 00 y^ C/) O w , . }, "0 —i ,.�. U• U 0 bOA� ed cO OQ UU U• O UU x O +o '' ,. ai W a0i •W ai CA U o o a� o N 3 a� ... NZ N a < �a� ave 00 71- P4 NZ kr) C... 'wo c ,o L -' a • cis .". V z a. Q L w =01 r$ C , Cd W N f" L 0 a3 O C L v t', 'C =.5.= O Q 4 C y 7)4 0 C7 �" 0 3 6, 0 oW • ti .�i rYi ai N Crown Peak Land & Cattle Company Steven R. Twamley John Robert Werning Sandra K. and James P. Irvine ire en ;nr ire Exhibit 5-1 C) 1�J 16C2 Bu�Uio(pv c� (4-sld_y 1 J (.i -slaty -x vevveeele4Cie.44440C OW! G10 bs m 1,61 °N 1k311VA ONbd9 XVW]d Wd6LL 9001 blSep.25. 2006`' 4:`)6PM REM�GRAND VALLEY v..YIL:4.55PM iA uXiirru VAL/tY 04/18/2086 13:36 70227613—It, n.N ,`• :970 929 9680 FASM1p 927543 No, 3674 P. 15/17 2 No 3666 P. 14 4 »-. 21 KpoD e2: 2. p -n P6 PAGE Fr Surface Owner. Sue D. Brookman Mineral Owner(s): Sue D. Brooj man Reservation of a perpetual tum parricipang royalty 01'1/12 of S/$t of all oil, gas and other minerals. Reserved by t.oteti W. Arthur and Mary E. Arthur recorded on October 29, !973 in !look 451 at Page 267. (Which is wracked in the chain of docram .) LegalDescription: A tract of land in the SW1I4 SW1/4 of St mon 24 and the NW1/4 NW1/4 of Section 25 all in Township 7 South, Rance 91 West of the Sixth Plriecipal Meridian said Tract being a portion of t1x,t parcel de eribed et Book 768, Page 867 in the Office of the Garfield Comity Clerk and Recorder and being more malady de bed as tibllowt Alt that portion of said SW1 /4 SW1 /4 of , ieetion 24 NW1/4 N1�Y1/4 of Section 25 1 and that Peron of said Road No. 313 as Feted m tcrly of the o f t:otmty place TOGETHER with a portion of said SWI/1 SW1/4 of 9 portion of acid 141W1/4 NW1/4 Section 25 Lying ct>bon Southwesterly 24fnd a Y� centerline of said County Road No. 313 bring soailhneeleriof flee follows: `mg mvr+c particularly described as Bcgin,ngg at a point whence the South 1/4 conger of Section 23, Township 7 South, Runge 91 Wast oftho Sisk 001 Vidian ban S, 84 s8' 04" W. 2870.33 fleet; Thence N. 48 De degrees cam. of County Road; grees 23'3Q" E. 211.86 f to the Thence along said centerline S. 44 deg 16'22" E. 62.14 Thence Thenoe S. 36 o Deg59'18" E. 142.38 I t; feet; Thane S. 21 43E E. 165.47 feet; 20'59$ E. 186.39 fa t; Thence S. 28 Demos 36'34" E. 173.80 Thence deputing said �'t' Thenc N. 2g S. 39 Devils*35's4' W. 447.29 feet Tb N 04 gees 2938" W. 262.57 fc et; Degrees 37 47" E. 287.1$ tee t; Received Time An. 21. 2'19PM Received Time Sep. 25. 3:02PM tfri Exhibit 5-2 4t - 22 1 A\ zs ' If ide \\ - /23-, 8000 \ I t i it V34 1- I �\\ - 1 / Yi 17It / n 111 7E90J I y /�� ��\ i 804 5 4366 25' 0 LU W li 8555. 5f.<ln 4364 T. 7 S. T. 8 S. 8940 94.88 0 VER 1I- -T I p -N A -LT - 1,0 91' 0 0 Tail /Th__;�' 1 95/5 32'30" 1 MILE FEET ,INIA 22092 282000m.E. • COLORADO • ANTERIOR EOIOGICAL SURVEY. RESTON. VIRGINIA -1988 Light-duty .................... QUADRANGLE LOCATION Revisions shown in purple and woodland compiled from aerial photographs taken 1983 and other source data Partial field check by U. S. Forest Service. Map edited 1987 ROAD CLASSIFICATION 12 -3-9° 22'30" 107°30' Unimproved dirt GIBBON GULCH, COLO. 39107 -05 -TF -024 1963 PH ClifOREVISED 1987 L 8 PR ATMliiPq*I"j11 Uhg N 5 BIR BRDOIObW 7748 GOUT' RD 30 PEW CASTLE 00 neo M'ROYB.ENT SURVEY BOOKCLIFF • s„,,,„•,, $•rni..c. hrc•. c� ,5' c' hiu SOIL SURVEY OF RIFLE AREA, COLORADO, PARTS OF GAR FIELD AND MESA COUNTIES 4 •0 0 MAP INFORMATION MAP LEGEND 13 C P. °2� kaE -o $ c 73 E05 S3 2 §�± # 7 ƒ ( §k» /2 9 6 w2a- o k k f / 7 f a) § _ $ / 0_ 0_ m f § Is__ §§ -o o o t§f QI m o 6 \� )k co 0 \ CL §% m m 0 « _� D N / & a /§ J � 2 < a) 0 E $g£ ® gt4m 7 2«+ D �r �� ce ( �0��0 &a) % /2§� 0 w2$ k k / 7 0 • 2 k£ S w 0/ f [ \- E kƒ § »— ƒ / m 2 m / 0 .9g og D� R = a= a\ \/� \$ $ƒ 0 $ �\ k2 6J4 j\ jg }0 2 Interstate Highways f - / ° LID I | ƒ Escarpment, bedrock { j E-©§ ¥ W 0 5 < < ■ i > / B - > < = )E \ 1 E m® a-- \} \ #° 2 # \ 2 f k\w _ ) (/\ /ƒf®j k k k k 10 «�) ®= E m) LI] a a o u x, CC m«$#$ a M*•; x: z« o a > + 2- a», Exhibit 6 • • Map Unit Description (Brief, Generated) Rifle Area, Colorado, Parts of Garfield and Mesa Counties [Minor map unit components are excluded from this report) Map unit: 12 - Bucklon-Inchau loams, 25 to 50 percent slopes Component: Bucklon (55%) The Bucklon component makes up 55 percent of the map unit. Slopes are 25 to 50 percent. This component is on mountainsides, ridges. The parent material consists of residuum weathered from sandstone and shale. Depth to a root restrictive layer, bedrock, paralithic, is 10 to 20 inches. The natural drainage class is well drained. Water movement in the most restrictive layer is moderately low. Available water to a depth of 60 inches is very low. Shrink -swell potential is moderate. This soil is not flooded. It is not ponded. There is no zone of water saturation within a depth of 72 inches. Organic matter content in the surface horizon is about 4 percent. This component is in the R048AY238C0 Brushy Loam ecological site. Nonirrigated land capability classification is 7e. This soil does not meet hydric criteria. Component: Inchau (35%) The Inchau component makes up 35 percent of the map unit. Slopes are 25 to 40 percent. This component is on mountainsides, ridges. The parent material consists of residuum weathered from sandstone and shale. Depth to a root restrictive layer, bedrock, paralithic, is 20 to 40 inches. The natural drainage class is well drained. Water movement in the most restrictive layer is moderately high. Available water to a depth of 60 inches is low. Shrink -swell potential is moderate. This soil is not flooded it is not ponded. There is no zone of water saturation within a depth of 72 inches. Organic matter content in the surface horizon is about 4 percent This component is in the R048AY238C0 Brushy Loam ecological site. Nonirrigated land capability classification is 7e. This soil does not meet hydric criteria. Map unit: 65 - Torrifluvents, nearly level Component: Torrifluvents (85%) The Torrifluvents component makes up 85 percent of the map unit. Slopes are 0 to 6 percent. This component is on distributaries, rivers, flood plains. The parent material consists of alluvium. Depth to a root restrictive layer is greater than 60 inches. The natural drainage class is moderately well drained. Water movement in the most restrictive layer is moderately high. Available water to a depth of 60 inches is moderate. Shrink -swell potential is low. This soil is occasionally flooded. It is not ponded. A seasonal zone of water saturation is at 24 inches during April, May, June, July, August, September. Organic matter content in the surface horizon is about 1 percent. Nonirrigated land capability classification is 7w. This soil does not meet hydric criteria. The calcium carbonate equivalent within 40 inches, typically, does not exceed 3 percent. The soil has a slightly saline horizon within 30 inches of the soil surface. The soil has a slightly sodic horizon within 30 inches of the soil surface. Map unit: 67 - Torriorthents-Rock outcrop complex, steep Component: Torriorthents, steep (60%) The Torriorthents, steep component makes up 60 percent of the map unit. Slopes are 15 to 70 percent. This component is on foothills, mountainsides. The parent material consists of stony, basaltic alluvium derived from sandstone and shale. Depth to a root restrictive layer, bedrock, lithic, is 4 to 30 inches. The natural drainage class is well drained. Water movement in the most restrictive layer is moderately high. Available water to a depth of 60 inches is very low. Shrink -swell potential is low. This soil is not flooded. It is not ponded. There is no zone of water saturation within a depth of 72 inches. Organic matter content in the surface horizon is about 1 percent. Nonirrigated land capability classification is 7e. This soil does not meet hydric criteria. The calcium carbonate equivalent within 40 inches, typically, does not exceed 3 percent. Component: Rock outcrop, steep (25%) Generated brief soil descriptions are created for major soil components. The Rock outcrop is a miscellaneous area. USDA Natural Resources Conservation Service Tabular Data Version: 3 Tabular Data Version Date: 01/10/2007 Page 1 of 1 SOIL SURVEY OF RIFLE AREA, COLORADO, PARTS OF GARFIELDAND MESA COUNTIES • • u o 0 co 8 0 0 0 0 N 8 0 0 13. 2H)6 3:21PM REMAX GRAND VALLEY • SETTLEMENT AGREEMENT No, • 313) P. 23 THIS SETTLEMENT AGREEMENT is entered into this \ day of Cir (� 1994, by and between CROWN PEAK LAND AND CATTLE COMPANY, a Colorsod general partnership, comprised of Alfred I. King and Nanci L. Limbach, with a legal address of 5945 Road 346, Silt, Colorado 81652 (hereinafter "Crown Peak"), and QUINTUS A. LANGSTAFF and SHELLY BURKE (hereinafter collectively "Langstaff"). All of the above are sometimes collectively referred to in this Agreement as the "agreeing parties" and/or the "parties hereto." RFITAL�$ A. On or about September 9, 1993, Crown Peak and David Caldwell entered into a ontract to buy and sell real property located in Sections 24, 25, and 26, Township 7 South, Range 91 West of the 6th P.M., _along with all water rights appurtenant to said property, including the�Peter Ros. 2 g and 3, as adjudicated on December 10, 1977, in Case No. W-3233 ("Peterson Springs"). B. On or about November 1, 1993, Crown Peak and Caldwell closed on said 'ransaction, with Five Thousand Dollars ($5,000.00) of the purchase price held in escrow pursuant to a written escrow agreement, pending Crown Peak's receipt of an acceptable quit claim deed for certain water rights appurtenant to the property ("water rights"), and Crown Peak's satisfaction with the solar system installed in the residence located on the property. C. On or about August 14, 1991, Langstaff and Caldwell entered into a contract to buy and sell real property located in Sections 24 and 25, Township 7 South, Range 91 West of the 6th P.M. As part of said contract to purchase real estate, Caldwell granted Langstaff a right to use the Peterson Springs. D. The parties hereto recognize that Caldwell granted the same water right to each of themm and accepted consideration from each of them for the Peterson Springs. E. Therefore, the parties hereto wish to resolve any disputes and differences which have arisen or may arise between them in the future regarding their use of the Peterson Springs, and for these reasons, the agreeing parties now desire to settle all differences and disputes which have been raised or could have been raised regarding the Peterson Springs according to the terms of this Settlement Agreement. F, At present, the Peterson Springs are channeled into a spring box, with a 1 1/2 - inch ID pipeline to a 6,000 -gallon cistern, with 1 I/2 -inch ID pipeline from the cistern to the residence located on the Crown Peak property and a three-quarter inch (3/4") ID pipeline from the cistern to the Langstaff property. G. Each of the agreeing parties acknowledges that the settlement reached between them is a compromised resolution of disputed claims and that the settlement shall not be construed for any purpose as an admission of fault, liability, or wrongdoing. 3 1F'nLES1CROWN.lAG ',Loch 25, 1994 Exhibit 7 (Water Supply -Lot 2) Apr. 13. 2006 3:21PM RE GRAND VALEY A . FFMFNT • No. 3180 P. 24 NOW, THEREFORE, for and in consideration of the following respective covenants, and their faithful and timely performance, Crown Peak and Langstaff each agree as follows: 1. Each recital set forth above is incorporated herein by this reference and made a part of this Settlement Agreement of the parties as though set forth in full. 2. The parties hereto agree that the Peterson Springs water delivery system presently serving their respective properties shall remain in its present condition, normal maintenance and repairs excepted, and the parties hereto agree that they shall share the flow of the Peterson Springs equally, each entitled to an undivided one-half (1/2) interest in the Peterson Springs. 3. The parties hereto shall be individually responsible for maintenance of their respective pipelines from the 6,000 -gallon cistern to their respective places of use. The parties hereto shall be jointly responsible for maintenance of the existing spring box and pipeline to the cistern. 4. Langstaff agrees to inform Crown Peak of any repair work that Langstaff intends to perform on the cistern or the Langstaff pipeline, and shall submit to Crown Peak a repair plan, which shall include, but not be limited to, a statement of the machinery and equipment Langstaff intends to use in conducting such repairs, and the amount of excavation required to conduct such repairs, before commencing any such repair work. Crown Peak's prior consent is required before Langstaff may conduct any repair work, which consent shall not be unreasonably withheld. To the extent that Langstaff's repair work requires excavation on the Crown Peak property, Langstaff agrees to return the Crown Peak property to its original condition. S. Langstaff agrees that his 3/4 -inch ID pipeline from the 6,000 -gallon cistern to the Langstaff property shall not be increased in size without the prior written consent of Crown Peak. 6. Should a dispute arise between Langstaff and Crown Peak after the date of this Settlement Agreement regarding their equal share in the flow of the Peterson Springs, the parties hereto agree that a splitter box shall be installed at the mouth of the Peterson Springs which shall divide the flow one-half (1/2) to Langstaff, and one-half (1/2) to Crown Peak, The parties hereto agree to equally share the cost of said splitter box, the cost of constructing and installing said splitter box not to exceed Three Thousand. Dollars ($3,000.00). 7. The terms, conditions, and covenants of this Settlement Agreement are covenants running with the land and shall inure to the benefit of and be binding upon the agreeing parties and their respective heirs, successors, and assigns. 8. This Settlement Agreement shall be construed in accordance with and be governed by the laws of the State of Colorado, . FIL S\CROWN.tAG March 25, 1994 -2- Apr. 13. 2006 3:22FM REe GRAND VALLEY S No. 3180 P. 25 9. In the event that any party hereto breaches this Settlement Agreement, the breaching panty or parties shall pay the non -breaching party all costs of any action or proceedings for damages and/or enforcement, including reasonable attorneys' fees and costs. Venue and jurisdiction for any action or proceedings for damages and/or enforcement of this Settlement Agreement shall be in the Garfield County District Court. 10. The language in all parts of this Settlement Agreement shall in all cases be construed simply according to its fair meaning, and not strictly for or against any party hereto. This Settlement Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which shall be deemed to be one and the same document when taken together, Facsimile signatures shall be sufficient to bind the parties hereto, in which case original signatures shall be exchanged within five (5) business days. 11. This Settlement Agreement constitutes the entire agreement between the parties. No modification of this Settlement Agreement shall be valid unless it is in writing, signed by the agreeing parties. The parties hereto shall not be bound by any representation, warranty, promise, statement, or information, unless it is specifically set forth in this Settlement Agreement. IN WITNESS WHEREOF, the agreeing parties have executed this Settlement Agreement in duplicate originals on the day and year first written above. By By FAkILi;SICILOWN.1 AG Much 25.1994 -3- CROWN PEAK LAND AND - ,P�Joff. Nanci . Limbach, General Partner Shell► Burke 513 Apr. 13. 2006 3:22PM REe GRAND VALLEY STATE OF COLORADO � COUNTY OP C-- tr Env )ss. • No. 3 80 P. 26 Acknowledged, subscribed, and sworn to before me this I ( day of March 1994,b Alfred I. King and Nanci L. Limbach, as General Partners, on behalf of Crown Peak Land nd Cattle Company. WITNESS my hand and official seal. My Commission expires; My Com mission 6xpirss 17,1147 • STATE OF COLORADO ) )ss. COUNTY OP (TLIO ) Acknowledged, subscribed, and sworn to before me this Quintus A. Langstaff and She1 y Burke. S13 WITNESS my hand and official seal. My Commission expires: FMF1113SICROWN.1A0 Mardi 25. 1994 (b/gkz -4- day of N • tary Public , 1994, by PO, A6a)/ ica_y• Apr.13, 20061 3.20PM REM GRAND VALLEY a'C�,u .H. REC # 461778 APS 1 199 MTL0RE11 ALS RF, GAREIH_D:COUNTY CLERK QUIT CLAIM DEED No. 3180 P. 22 kooKU3y8p (3.19 ApR t 5 GAR.FIELC• State Doc:. ; THIS DEED, made this % day of � . r, , 1994, by and between DAVID R. CALDWELL, with an address of HC -30, Box 854, Prescott, Arizona 86301 (hereinafter "Grantor"), and QUINTUS A. LANGSTAFF and SHELLY BURKE, whose legal address is P. O. Box 6288, Snowmass Village, Colorado 81615, Pitkin County, Colorado ("Grantees"); WITNESSETH: WHEREAS, that the Grantor for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and quit -claimed, and by these presents does remise, release, sell and quit claim unto the Grantees, their heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the Grantor has in the water rights described as follows: ^" An undivided one-half (1/2) interest in the Peterson Spring Nos. 2 and 3, as adjudicated in Case No. W-3233, Water Division No. 5, with an appropriation date of December 31, 1910. To have hold the same, together with all and singular, the appurtenances and privileges thereto belonging or in any way thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantor, either in law or in equity, to the only proper use, and benefit of the Grantees, their heirs and assigns forever. LN WITNESS WHEREOF, Grantor has executed this deed on the date and year set forth above. By STATE OF .Co ) ) ss. .-.OUNTY OP c te,a Dreg ) DAVID R. CALDWELL, GRANTOR I /441 R. Caldwell Acknowledged, subscribed, and sworn to before me this %_ day of Marck-1994,, by David R. Caldwell. WITNESS my hand and official seal. My Commission expires:, 1FILESIX(ING1.2QC March 25, 1994 L CINDY S BEgG HDEFER 1;;;T1,. i r rat .'. • -) - CF ARIZONA VA -'n C..jL';dTY My Cenmiesion Expires Juno 111.1186 Notary Publ. Exk...,Qk u.u�. Apr. 13. 2006 3:20PMAX GRAND VALLEY 3160 P. 21 Filed for record the ,A.D. 19_, .t o'clock M. COINER. Reception No. Ey DEPUTY. QUIT CLAIM DEED THIS DEED , Made this day of 14arth 15, 1994 betHeer RIE LLY BURKE AND QUINTUS IANG3DAFF of the County of GARFIELD end State of Colorado, of the first part, and SUE D. DRAOIIN R'6 EPN whose legal address is 1000 MP. SOPRLS DRIVE, #14,.GLENWOOD SPRINGS, CO 81601 of the county of GARFIELD end State of Colorado, of the second pert: WITHESSFTH. That the said party of the first pert, for end In consideration of the sun of $10.00 TEN DOLLARS to the said pert(ies) of the first part in hand paid by the said pert(ItS) of the second pert. the receipt whereof is here- by confessed and acknowledged hes remised, released, sold conveyed and WIT CLAIMED, end by these presents do(es) remise, release, sell, convey and QUIT CLAIM unto the Bald pert(ies) of the second pert, (their) heirs, successors and assigns, forever. a(I the right, title, interest, claim and demand which Is geld pert(ies) of the first pert he(s) in and to the following described lot or parcel of land situate, lying and being in theCoutty of GARFIELD and State of Colorado, to wit: HAHN FRO t'1 CPECFPETERSON SPRING #2 VIA �QHE A MAIM C OM DT/001; RIGHTS TO HALF THE ICBM also known as street and number GARFIELD COUNTY, =DRAM TO HAVE AND TO HOLD the saga, together with all and singular the eppurtenanoee and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said parties) of the first pert, either in taw or equity, to the only proper use, benefit end behoof of the said pert(ies) of the second part, (their) heirs and sedans forever. 111 WiTNESS WHEREOF, The said pert(ies) of the first pert hit(s) hereunto set their hand and seal the day and year first above Written. signed, Sealed and Delivered in the Presence of STATE OF COLORADO County of SEAL) 'v— FACT' (SEAL) (SEAL) The foregoing instrument was acknowledged before tre this day of Marti 15, 1994 ,by QUINTVS LANCSPAFF, INDIVIDUALLY AND AS ATIt E,Y—IN—FACS 1.UR Si 71t BURKE My commission expires LAND TITLE GUARANTEE COMPANY 3033 EAST FIRST AVE. N600 DENVER, COLORADO 80206 ,19 .Wttneas my hand end official seal. Notary Public COMPUTER QUIT CLAIM DEED Escrow * 012577 Title* (W2577. Filed for record the__dy of I' /�"tL� Reception No. • UCX08957 'F?50 ,A.D. 199 , at /% o'clock .1 M. ay 1.. DEPUTY. THIS DEED , Made this day of March 15, 1994 between SilliE LEY BURKE AND QUINI'[TS utsitgennwr of the County of i3ARFIFdd% and State of Colorado, of the first part, end SUE D. BROCKMAN1 MAR 1 6 1994 13Ai*- ELD State Doc. Fee whose legal address is 1101 Grand AvenueD e� Glenwood Springs, CO 81601 of the County of GWRirEEMands ate o Colorado, of the second part.* 5000.00 ) WITNESSETH, That the said party of the first part, for and in consideration of the sum of 1 EIGHTY FIVE THOUSAND DOLLARS AND 00/100THS to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged and confessed, has bargained, granted, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the said party of the second part, his heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being in the County of GARFIELD and State of Colorado, to wit: BEE EXHIBIT "A" ATS HERETO AND MADE 71 PART IIFRECF: also known es street nunber tOiRFIELD UO(JNFY, ODLOIRADVO TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise eppertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the esstaate tright, title interest, claim and demand whatsoever of the said party of the first part, either in law or equ ty, 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 said party of the second part, his heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors, and administrators, does covenant, grant, bargain, end agree to and with the said party of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, tuand authority grant, bargain, sell in manner form as esand that the are ffeand clearfromalt former andothergrant, bargains, saes,lienstaxes,assessmentsand encumbrances of whatever kind or nature soever; EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 1994 AND SUBSEQUENT YEARS AND SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS, COVENANTS ANO RIGHTS OF WAY OF RECORD, IF ANY; and the aboved bargained premises in the quiet and peaceable possession of said party of the second part, his heirs and assigns against all and every person or persons lawfully claiming or to claire the whole or any pert thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand end seat the day and year first above written. s€Sep. 25. 20063 4: J5PM ,REM GRAND VALLEY FRo;Cv •iGCauwl12prM X GNANO VAL r. -v iw.LEY :970 89680 EXHIBIT A A TRACT OF LAND IN THE 3J1/43W1/4 01 WW1/46M1/4 OF SECTION 26 ALL IN TOW WEST Of THE SIXTH PRINCIPAL MERITIAI' PORTION OF THAT PARCEL DESCRIBES AT OFPICE OF THE GM EIELLD COUNTY CLERK MORE PARiTICUL.BRLY DESCRIBED AS FOWL 92754, Na. 3674 P. 13/1716 .rWn. OS °eum 00:spI,'t2P12 100 0895 pto 751 SECTION 24 AND THE SHIP 7 SOUTH, RANGE 91 SAID TRACT DEM A SOON 768, PACE Oil IN TNT AND RECORDER AND BEING NS: ALL THAT PORTION (W SAID EH1/4Se11/4 OF OCCTYON 24 AMP THAT PORTION OP SAID 1011/4N01/4 OF 5ECTICA 25 LYING NORTHEASTERLY OF THE CENTERLINE OF COUNTY RoAD NO. 313 AS CONSTRUCTED AHD Is PLACE. TOGETHER WiTN A PORTION OF SAID SW1/4501/4 OF $$CTION 24 AND A PORTION 01 SAID NW1/4WW1/4 BEGTToI 23 LYING 80uTRNEBTERLY OP THE CENTERLINE Of SAIO COUNTY ROA] WO. 313 REZNG NONE PARTICULARLY DESCRIBED AS ToLLOws: DEGZNNZNG A? A POINT WHENCE 'x 'HE SOUT4 1/4 CORNER OF SECTION 23, TOWNSHIP 7 SOUTH. RANGE 92 WEST Of THE SIXTH PRINCIPAL, MERIDIAN BEARS S. 84 DEGREES 58' 04" W. 2670.33 FEET TNPNCE N. 48 DEGREES 23' 30" S. 211 86 FEET TO THE CENTERLINE OF BALD COUNTY ROAD; THENCE ALONG SAID CENTERLINE 8. 44 IIIIGREER 16' 22" E. 62.14 FEET; THENCE S. 36 DEGREES 59' 18" E. 142.18 irEBT; THENCE S. 35 DECREES 45' 20" E. 165.47 FEET; THENCE 8. 21 DEGREES 20' S9" E. 10i,39 FEET; THENCE S. 20 DEGREES 36' 34" E. 171.80 FEET; THENCE DEPARTING SAID CENTERLINE S. 59 DEGREES 35' 54" W. 447.29 FEET; THENCE N. 29 DEGREES 29, 38" W. 282.57 PEET; THENCE H. 04 DEGREES 37' 47" g. 287.18 FEET, THENCE N. 11 DECRE1.9 00' 27" N. 176.40 FfET To THE PO0N' of DFCINNIT4C. COUNTY OF GARFIEI,D RTA TE OF COLORADO sim= t7 u tJWe- eteive IWe en, 9. , Received Time Sep. 25. 3:02PM JAN. 17. 2008 "ORM BALCOMB & GREEN No. 545 DECLARATION OF COVENANTS AND CONDTIONS FOR SHARED WATER WELL USE THIS DECLARATION OF COVENANTS AND CONDTIONS FOR SHARED WA 1 l✓R WELL USE effective this day of _ , 2008, by Upper Divide LLC (hereinafter. "Upper Divide " or "Declarant") a Colorado limited liability company. WITNESSETH: WHEREAS, Upper Divide owns certain property located in Garfield County, Colorado, located in Sections 24 and 25, Township 7 South, Range 91 West of the 6th P.M. as identified as parcel number 098 shown in Exhibit A; WHEREAS, Upper Divide has applied to the Garfield County Board of County Commissioners to exempt this property, approximately 45.422 acres. from subdivision regulation and create four parcels (the "Subdivision Exemption") as shown on Exhibit B ; WHEREAS, the Subdivision Exemption will created four parcels of land, Parcels 1, 2, 3, and 4 as shown on Exhibit B; WHEREAS, there exists one well permitted by the State Engineer as an exempt well pursuant to C.R.S. § 37-92-602, Well Permit No. 272647 (the "Well"), which Well provides water for fire protection, ordinary household purposes inside not more than three single-family dwellings, watering of poultry, domestic animals and livestock on a faun or ranch and the irrigation of not more than one acre of home gardens and lawn, and is permitted as the only well on a tract of land 45 acres in size; WHEREAS, the Well is drilled and is located on Parcel 2 and will be used to provide water to Parcels 2, 3 and 4 of the Subdivision Exemption; WHERAS, an additional well, well permit no. 66192-F, is permitted for the domestic use in one single family dwelling and the watering of up to four large noncommercial domestic animals and which is located on Parcel 1 and is fully augmented by a West Divide Water Conservancy District Contract # A070719UD(a); WHEREAS, Upper Divide intends and desires to provide an adequate supply of potable water to each of Parcels 2, 3 and 4 from the Well and to establish terms and conditions for the use of the Well necessary to supply the three residential parcels; and WHEREAS, Upper Divide wishes to perpetually burden the subject properties with these terms and conditions for utilization of water from the Well, and the parties further wish to have the terms and conditions hereof Tun with the land. JAN, 17, 2008 0?M BALCOMB & GREEN WATER USE, OWNERSHIP AND WELL AGREEMENT Page 2 of 6 DECLARATION NO, DECLARANT HEREBY declares and establishes the following as covenants and conditions governing the sharing of the Well and the water produced therefrom, as well as the expense of operation, maintenance, repair and replacement thereof, which covenants and conditions are intended as covenants running with title to Parcels No. 1, 2, 3, and 4 of the Upper Divide Subdivision Exemption, with the intent that such covenants and conditions be binding upon the owners of title to each of said Parcels and their respective successors and assigns thereto, and as follows: 1. Recitals. Each recital set forth above is incorporated herein by this reference and made a part of this Agreement between the parties as though set forth in full. 2. Right, Title and Interest. The parties hereto agree that the owners of Parcel 2, 3 and 4 of the Subdivision Exemption shall share the flow of the Well equally, each entitled to an undivided one-third (1/3) interest in the Well. 3. Utilization of Well. The parties hereto agree that they, their heirs, devisees, personal representatives, assigns, successors, occupants, and subsequent owners of the subject properties shall be entitled to continue usage of the water produced by said Well upon the terms and conditions contained herein. a. Presently, a functioning Well is located upon Parcel 2. The parties agree that they, their heirs, devisees, personal representatives, assigns, successors, occupants, and subsequent owners of their properties shall be entitled to continue usage of the water produced by said Well upon the terms and conditions contained herein. b. Unless legally changed or modified, the use of the said Well shall be limited to three single-family dwelling units, one on each respective parcel, the watering of domestic livestock, fire protection., and the irrigation of not more than one-third of an acre of home lawns and gardens upon each respective parcel; said uses of said Well shall be limited to those uses allowed under the permit. c. Provided each owner is actually applying water from the Well to beneficial use on their respective parcel, each parcel shall share equally all expenses of operating, maintaining, repairing, improving and replacing said Well, including the costs of maintaining a current well permit and associated filings with the State Engineer's Office. If one parcel owner is not actually applying water to beneficial use the other parcel owners making use of the water shall be solely responsible for the above-mentioned expenses. d. The cost of installing, repairing and/or replacing any delivery pipelines shall be borne by the owner of the parcel for whose benefit the delivery pipeline exists. The owners of each parcel shall install at their own cost separate meters for the JAN. 17. 2006 3:-1PM BALCOMB & GREEN WATER USE, OWNERSHIP AND WELL AGREEMENT Page 3 of 6 0, 54 purpose of determining that their usage does not exceed one-third of the total output of the Well at any time. All operation, maintenance, repairs, replacements, and improvements shall be made by mutual agreement. In the event the parties cannot mutually decide upon what improvement, operation, maintenance, repair or replacement activities are necessary and proper, either party may provide notice in writing of a list of repairs, improvements or replacements it believes need to be undertaken, together with a budget therefore. Unless the other party objects in writing within fourteen (14) days of receipt of said Notice, consent to such shall be deemed conclusively given. In the event Objection is timely made, the parties agree to mutually select one qualified professional engineer, pump installer, or well driller to make recommendations and a budget and to be bound by such recommendations and budget. e. The owners of Parcels 2, 3 and 4, shall designate a manager of the Well (the "Well Manager"). The Well Manager shall, upon receipt of billings for electrical power to operate the Well or any invoices received for maintenance, repair or replacement of the Well, provide copies of such invoices to each of the owners and each shall be make their contribution of one-third each of any expenses within a period of fifteen days from delivery of such invoice. The Well Manager may be replaced at any time by the votes of two of the three Parcel owners. 4. Reasonable Use. The parties agree that their respective usage of said Well shall always be reasonable, and that they endeavor to limit their usage thereof to reasonably necessary usage for each of their respective parcels. 5. Replacement Well. In the event that the existing Well, for whatever reason, is required to be re -drilled at a location other than within the well easement described in Paragraph 7, below, the owner of Parcel 2 agrees to select a replacement well site on the basis of the best information available for the locating of an adequate well water source. -In the event the parties relocate the Well outside of the well easement described below, each party agrees to grant appropriate reciprocal easements for the new well site and delivery lines and to vacate the old easement described herein to the extent no longer necessary for the withdrawal and delivery of water. To the extent both parties are receiving water from the Well, all costs of drilling, well and pump installations and equipment shall be borne equally by the parties. All costs of connection and running of new delivery lines from the relocated well site to the parties" individual residences, respectively, shall be borne separately by the parties. If less than three parties are receiving water from the Well. such party or parties shall bear such costs for the Well relocation/re-drilling. 6. Payment for repairs. In the event that reasonable expenses of any nature which are incurred in connection with the operation, repair, maintenance, replacement, improvement or insurance are not timely paid by any party responsible therefore, any other party affected by this Agreement may, but shall not be required to, pay such expenses, and the party so paying such expenses shall be entitled to reimbursement therefore. JAN. 17. 2008 PM BALCOMB & GREEN NO. 5d5 WATER USE, OWNERSHIP AND WELL AGREEMENT Page4of6 7. Well Easement. Upper Divide grants an easement for the Well facility and its components over and across Parcel 2 of the Subdivision Exemption for purposes of underground water pipeline delivery to each of Parcels 3 and 4. Such easement shall be a non-exclusive easement fifteen feet (15') around the Well (15' radius) and seven and one-half feet (7 & 1/2) itt width on each side of a centerline which commences at the Well and proceeds in a course along the delivery lines to be installed across Parcel 2 terminating at the shared boundary of Parcel 3 and 4. Said easement shall be for the purpose of access to, replacement of, and operation, maintenance and improvement of, the Well and buried delivery line from the Well to Parcel 3 or 4, 8. End -Uses. Each party shall be solely responsible for all operation, maintenance, and capital costs associated with the delivery of water from the Well to the end -uses located on their respective Parcels. 9. Legal Description. In the event either party desires to clarify and confirm the legal description of the easement conveyed herein and reduce said conveyance and legal description to writing, said party may, at its sole option, have a legal description of said easement prepared by a registered surveyor and prepare the appropriate conveyance document, which shall be executed by the parties or their heirs, successors or assigns. 10. Designation of' land. For purposes of ensuring compliance with the terms of Well Permit No. 272647, 15.418 acres of Parcel 1 shall be considered as part of the 45 acres of land for which this well will be the only well, Well Permit No. 66192 will be located on the remaining 0.442 acre of Parcel 1. 11. Binding / Rums With The Land. The rights and obligations of each party set forth herein shall run with the land and be appurtenant to Parcels 1, 2, 3, and 4 of the Subdivision Exemption and shall not be transferred separate and apart from said property. This Agreement and all its terms and conditions shall inure to the benefit of and be binding upon the heirs, successors, and assigns of Upper Divide. 12. Attorney Fees. In the event that either party is reasonably required to utilize the services of any attorney to initiate litigation and enforce any provision hereof, then the party prevailing in such litigation, whether the party initiating litigation or otherwise shall be entitled to its reasonable attorney fees, court costs and all costs of such litigation, including, without limitation, costs of discovery. 13. Counterparts. This Agreement may be executed and delivered in several counterparts, each of which shall have the force and effect of the original, 14. Recording. This Agreement shall be recorded in the office of the Garfield County Clerk and Recorder, JAN. 17. 2000 '1PM BALCOMB & GREEN NO WATER USE, OWNERSHIP AND WELL AGREEMENT Page 5 of 6 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first written above. UPPER DIVIDE LLC By John C. Martin By William Rice By Gary Heisel ,'AN, 17. 2008 2FM BALCOMB & GREEN NO, ;! WATER USE, OWNERSHIP AND WELL AGREEMENT Page 6 of 6 STATE OF COLORADO COUNTY OF ACKNOWLEDGMENTS SS The foregoing Ab eement was aclmowledged before me by as duly authorized signatory and on behalf of Upper Divide, LLC, a Colorado Iimited liability company. Witness my hand and seal. Notary Public My commission expires: STATE OF COLORADO } SS COUNTY OF The foregoing Agreement was acknowledged before me by as duly authorized signatory and on behalf of Upper Divide, LLC, a Colorado limited liability company. Witness my hand and seal. My commission expires: STATE OF COLORADO }SS COUNTY OF Notary Public The foregoing Agreement was aclaaowledged before me by as duly authorized signatory and on behalf of Upper Divide, LLC, a Colorado limited liability company. Witness my hand and seal. Notary Public My commission expires: Aug 29 07 11:20a Wayne Shelton r t,V,_dP,�i 970-927-3801 p.2 WELL CONSTRUCTION AND TEST REPORT S TATE OF COLORADO, OFFICE OF THF. STATE ENGINEER FOR orFmu USE OKLY APPROVAL, o%S11.91-OS 1. WELL PERMIT NUMBER 272647 a Owner Name(s): Upper Divide LLC _--- Mailing Addre : P.O. Box 1252 City, State, Zip : Cay t . _dale, CO 81623 Phone # DISTANCES S TioN ROM SPCC L[hLE$ NW 114 NW 1/4 Sec: 25 Twp: 7 S Range: 9] W 95 ft. from North Sec. line and 700 ft. from West Sec. line OR Easing: Northing: SUBDIVISION: LOT: BLOCK: FILING (UNIT): ' STREET ADDE.E S AT LOCATION . GROUND SURFACE ELEVATION ft. DRILLING—METHOD Air Rotary DATE COMPLETED: 2/26/2007 TOTAL DEPTH: 145 DEPTH COMPLETION. 145 5. GEOLIXITC LOC 6. HOLE DIAMETLR (in) FROM (ft) 70 (ft) TypeMaterial (Size, Color, and Type) 9.0 0 40 000-012 Dirt, Rocks 6.5 40 145 012-145 Wasatch Formation 7. PLAIN CA5 OD (;n) Kind 11 Sia: From (f) To (R) 7.0 Steel 0240 -1 40 5.5 PVC 0.250 35 50 5.5 PVC 0.250 60 120 PERF, CASING : Screen Slot Size 5.5 PVC 0,250 50 60 S.5 PVC 0.250 120 145 Wafer Located: 50 - 60 Remarks : 8, Filter Pack Material : Size : Interva) . 9. Packer Placement Type : Depth : 10. GROUTING RECORD _, Mnbritel AM nt DBniily iniCirVat ni.censent Comsat 5 sits 6 gallsk 10-40 poured 1 ] . DISINFECTION : Type : HTH Amt. Used : 6 oz. 12, WELI, TEST DATA : () Check Box 1f Test Data is Submitted On Supplemental TESTING METHOD : Air Compressor Static Lewd : 0 ft. Dale/Time Measured 212612007 Production Rale 7 gpm Pumping Level : Total ft. Date/Time Measured 2/2612007 Test Lemgth ; 2 hours Test Remarks 13, 1 Itev� nod tlig koitm¢nw medq I ata aJJIY W it fain the%oP,-�d dut tlsoy en true to my knpsvi•a,,+c, oponuaar to gin -Ion 24-4-i-4 ( 1 1xa)CRS, Ma rns.si. orrohe xalnatleetl o t rnWL a t1'a, ,end dCjite tl i tap i h bk ne ! tl1Ni 1 iTudetoaanor.) C0NTI AC I'QR : Shehon Drilling Corp. Phone : (970) 927.4182 Mailing Address : P,C, Box 1059 Basalt, Co. 81 . Lie. No. 1095 Name / Title (Please Type or Print) Wayne Shelton / Presidents Signature -- -- Date 2R7/20D7 , L. d b918—E9B fOL61 ORIGINAL •ouI ope-40103 Jo fWdI WdO1:21 LOO 6Z znd Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 LIC WELL PERMIT NUMBER 66192 - F DIV. 5 WD45 DES. BASIN MD Lot: 4 Block: Filing: UPPER DIVIDE LLC C/O BALCOMB & GREEN PC PO DRAWER 790 GLENWOOD SPRINGS, CO 81602- (970) 945-6546 PERMIT TO CONSTRUCT A WELL Subdiv: UPPER DIVIDE LLC APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SW 1/4 Section 24 Township 7 S Range 91 W Sixth P.M. DISTANCES FROM SECTION LINES 830 Ft. from South Section Line 200 Ft. from West Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to thei Colorado River, on the condition that the well shall be operated only when the West Divide Water Conservancy District's Alsbury Reservoir substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the VVest Divide Water Conservancy District for the release of replacement water from Alsbury Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #A070719UD(a). 4) The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling and the watering of up to 4 large noncommercial domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as Upper Divide Well No. 2. 5) The pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 0.4 acre-foot (130,340 gallons). 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 8) This well shall be constructed not more than 200 feet from the location specified on this permit. 9) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at (east annually) and submitted to the Division Engineer upon request. n/..i/0--7 APPROVED JSG Receipt No. 3619376 For State Engineer DATE ISSUED 08-28-2007 By EXPIRATION DATE 08-28-2008 FROM : :8M PUMP COMPANY FAX N4. : 970 945 6159 Jan. 18 2000 02:42PM P1 ti .4( Yeania inc. &6/F C uii4r Salad 777 (Can cad Sp g's &' b760! !Maw .• 9769454497 4 &1.. 97C.Q4x•Ar.59 4fiac: 976.90059 1 Well Test DATE: September 10, 2007 TO John Martin Upper Divide LLC. Box 1252 Carbondale, CO, 81623 RE: Well Testa Attn: John, Two wells were tested for 4 hours each on 7749 East Divide Creek, The following results were obtained. Well Depth: Water Level: Drawdown To: Sustained Yield; Clarity: Recovery: Sample: No,1 South Well 145' Artesian 140' 7.9 OPM Cloudy 23% within 30 Minutes Nona I1' you have any questions, please call Rick, 945-6159 J&MPump be, 4 Richard A Holub Lie. Na 1196 17918-E96 10L61 No,2 North Well Thank You! 120' 5' 94'8„ 15 GPM Clear 50% within 20 Minutes None •ouI opeJoio0 ,Jo IIW21I Wd817:E 8002 8I uer '+ No/ CA 0 JOHN C. KEPHART & CO. J� CTI0 LA€041T0 its 425 NaRTN AVENUE ♦ PHONE: (970) 242-7618 4 FAX (W70) R4$-7271: ♦ *PAW, JuNction, cot.oRAoo 131601 Received horn: — ANALYTICAL REPORT — UPber Divide LLC, Bill Rice PC Box 1252 Carbondale, CO 81623 970-379-4909, FAX 963-8164 4186 Customer No. water lnburatory No. Sample 4/25/07 5/10/07 Date Received Date Reported Lab number Sample ID 4/25/07 Sodium(Na) Calcium(Ca) magnesium(Mg) Potassium(K) chlaride(C1) Sulfate(504) Phenol. Alka1inity(CaCO3) Total Alkalinity(CaCO3) Dissolved Solids Hardness (CaCO3 ) PH Oonductivity@25 dere. C 4186 o;QQ. Morrlin9 We11hW ter` 350 mg/1 3 mg/1 0 mg/1 0.5 mg/1 340 mg/1 2 mg/1 35.S mg/1 247 mg/l 622 mg/1 8 mg/1 8.87 1110 umhos/cm Total Coliform Bacteria 0 co1/100m1 Limits for Public Water Supplies polo. polo. Cf"ept, O'? Health 20 mg/1 no official limit 125 mg/1 no official limit 250 mg/1 250 mg/1 no official limit no official limit 500 mg/1 200 mg/1 should be 6.5-8.5 no official limit must be less than 1. Sodium, Chloride, Diss. Solids and pH were above suggested ]limits, Those restricting dietary Sodium may wish to take into account the amount of Sodium in milligrams per liter of water consumed (mg/1). Chloride is a mineral salt contributing to the Dissolved Solids, which may also affect the taste of the water. Dissolved Solids indicate they overall salt content of the water is higher than recommended for drinking and household use. They pH reading indicates the sample is basic, rather than neutral D.- acidic. The pH is higher than recommended by the Department of Health. Further testing is in progress. T'd 1.9T8 -E96 tOL81 Lab Dir.: Brian 5_ Bauer .auI opeuoTOO Jo fW?JI WdO+,:3T 8003 8T uet' Jan 17 2008 5:52PM IRMW of Colorado Inc. ivo 4213 NORTH AYRNur lteeeived from: (970) 963-8164 p.2 JOHN C. K PHART & CO. GRAND JU\CTION iUT WMER AWA.. JUNCTION, COLORAlSO eIS1O1 P}IONYI (970) 3411•7618 1. rasa: (970) 240.7331 .— ANALYTICAL REPORT — Upper Divide LLC, Bill Rice PO Box 1252 Carbondale, CO 81523 379-4909 5508 water Cuplunte* No. Laboratory No. Supple . 12/14/07 1/7/08 DaEe Reported .,,,.�.� • — --- - '"" Lai1� a tf•e�► Limits for Publ is Sample ID Well #2 Water Supplies, Colo. Dept. of Health Sodium(Na) 1610 mg/1 20 mg/1 Calcium(Ca) 14 mg/1 no official limit Magnesium(Mg) 0 mg/1 125 mg/1 Potassium(K) 0,5 mg/1 no official limit Chloride(C1) 38 mg/1 250 mg/1 Sulfate(SO4) 0 mg/1 250 mg/1 Phenol. Alkalinity(CaCO3) 35.8 mg/1 rio official limit Total Alkalinity(CaCO3) 335 mg/1 no official limit Dissolved Solids 478 mg/1 500 mg/1 Hardness (CaCO3) 35 mg/1 200 mg/1 PH 8.63 6.5-8.5 acceptable Conductivity025 deg. C 791 umbos/cm no official limit Total Coliform Bacteria 1 col/100m1 must be less than 1 Turbidity(NTU) 1.65 1 Of the above tests, Sodium, pH, Bacteria and Turbidity were above limits. Those restricting dietary Sodium may wish to take into account the amount of Sodium in milligrams per liter of water consumed (160 mg/1). The pH indicates that the water is basic rather than neutral or acidic. Coliform Bacteria should be eliminated before any water is consumed. The Turbidity is higher than required, and this can interfere with disinfection. Further testing is in progress. Lab Dir.: Brian S. Bauer GERALD D. HARTERT Attorney at Law 210 Tenth Street Glenwood Springs, CO 81601 Telephone: (970) 928-9665 Fax: (970) 928-9680 hartertwil son(a)sopris.net January 22, 2008 Craig Richardson Senior Planner, Garfield County 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Upper Divide Subdivision Exemption Submittal for Final Plat Approval Dear Craig: Accompanying are the following documents submitted in connection with the referenced Subdivision Exemption: 1) Copy of Bargain and Sale Deed to County Road 313 right-of-way. Z . Z4 9 &C• 2) Final Plat (review copy). ik.i, .,1yQ ? —St 4 NIT -1) -21- D8 3) Copy of Encroachment Agreement. 4) Copy of Declaration of Covenants and Conditions for Shared Water Well Use. 5) Copies of Well No. 1, Permit No. 272647, and Well No. 2, Permit No. 66192. 6) Water Test results: a) Quantity b) Quality You will note that the water quality test results do not meet State guidelines with respect to bacteria and nitrates and I would appreciate your response as to requirements for treatment so that the Applicant can come into compliance. Also, I have left blank the amount due (Item #20) in the encroachment permit document because I do not have the figure. GERALD D. HARTERT Attorney at Law Craig Richardson January 22, 2008 Page 2 After you have had an opportunity to review these submittals, if you would kindly reply with regard to any other deficiencies or additional requirements we will comply well before the date of May 21, 2008, our extension deadline, and will submit original signature documents and payment of $800.00 to RE -2 School District, as well as any fee due in connection with the Encroachment Permit. Thank you for all of your assistance. Yours very truly, Gerald D. Hartert GDH:bjg Encs. cc: Upper Divide, LLC GERALD D. HARTERT Attorney at Law 210 Tenth Street Glenwood Springs, CO 81601 April 15, 2008 Craig Richardson Senior Planner, Garfield County 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Telephone: (970) 928-9665 Fax: (970) 928-9680 h artertwilson(a?sopris. net Re: Upper Divide Subdivision Exemption Submittal for Final Plat Approval Dear Craig: Accompanying are the following documents submitted in connection with the referenced Subdivision Exemption: 1) Original of Bargain and Sale Deed to County Road 313 right-of-way. 2) Mylar Final Plat of Upper Divide Subdivision Exemption, signed by County Surveyor and Surveyor. 3) Original of Encroachment Agreement, executed by Owner. 4) Original of Declaration of Covenants and Conditions for Shared Water Well Use, executed by Declarant. 5) Check in the amount of $800.00 to RE -2 School District. 6) Check in the amount of $99.00 to Garfield Clerk and Recorder for recording fees. Also, I have left blank the amount due (Item #20) in the encroachment permit document because I do not have the figure, but will remit as soon as we receive the amount. Thank you for all of your assistance. Yours very truly, Gera)a D. Aartert GDH:bjg Encs. BARGAIN AND SALE DEED KNOW ALL MEN BY THESE PRESENTS that Upper Divide, LLC, a Colorado limited liability company, whose address is P.O. Box 1220, Town of Carbondale, County of Garfield and State of Colorado 81623 (the "Grantor"), for the consideration of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, in hand paid, hereby sell(s) and convey(s) to The Board of County Commissioners of Garfield County, Colorado, whose legal address is 108 8th Street, Suite 213, Town of Glenwood Springs, County of Garfield and State of Colorado 81601 (the "Grantee"), the following described real property situate in the County of Garfield and State of Colorado, to wit: All of the real property described on Exhibit "A" annexed hereto and comprising a portion of Garfield County Road No. 313. I le Signed and delivered this day of Lt 1: , us , 2007. UPPER DI DE, LLC By: p �i C. Martin, Member By: Lc/ William W. Rice, Member By: `.-ec,z Gary H isel, Member STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this /7 day of 2007bJhCMf , , y on . artin as a Member of U er gt0-0-g-PP Divide, LLC. My commission expires: Fehr'(,t2, J, 02,, . Witness my hand and official seal. U Notary Publi Page 1 of 2 STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The /it( foregoing instrument was acknowledged before me this /T , 2007, by William W. Rice as Member of Upper Divide, LLC. My commission expires: F�=Jr a 5. 00C 7 Witness my hand and official seal. SEAL: STATE OF COLORADO ) COUNTY OF GARFIELD ) Notary P F.lic ss. The foregoing instrument was acknowledged before me this , 2007, by Gary Heisel as a Member of Upper Divide, LLC. My commission expires: re4r UaI J, OCD?. Witness my han•.. •. official seal. ts,g Po SEAL: ''„i BRENDA J. GARNER ‘'&(11,-,t#114 Notary Pu.If Page 2 of 2 day of BRENDA J. t. GARNER o..... 6C9.ik aR _F day of EXHIBIT A PROPERTY DESCRIPTION - COUNTY ROAD 313 RIGHT-OF-WAY A PARCEL OF LAND SITUATE IN SW1/4SW1/4 SECTION 24 AND THE NW1/4NW/14 SECTION 25, TOWNSHIP 7 SOUTH, RANGE 91 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH 1/16 CORNER BETWEEN SAID SECTION 24 AND SECTION 23, AN ALUMINUM CAP LS NO. 26967 IN PLACE; THENCE S00°25'10"E ALONG THE WEST LINE OF SAID SW1/4SW1/4 A DISTANCE OF 135.99 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID WEST LINE S30°59'51 "E 215.30 FEET; THENCE S22°53'39"E 180.93 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 405.00 FEET, AN ARC LENGTH OF 133.48 FEET (THE CHORD OF WHICH BEARS S13°27'08"E 132.88 FEET); THENCE SO4°00'37"E 117.67 FEET; THENCE S10°24'36"E 42.06 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 100.00 FEET, AN ARC LENGTH OF 114.09 FEET (THE CHORD OF WHICH BEARS S43°05'45"E 108.01 FEET); THENCE S75°46'53"E 30.66 FEET; THENCE S70°20'47"E 37.82 FEET; THENCE S61°03'20"E 47.39 FEET; THENCE S47°11'46"E 72.82 FEET; THENCE S37°08'34"E 144.61 FEET; THENCE S35°54'36"E 169.58 FEET; THENCE S21°30'15"E 188.28 FEET; THENCE S28°45'50"E 170.30 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 193.18 FEET, AN ARC LENGTH OF 91.14 FEET (THE CHORD OF WHICH BEARS S49°07'27"E 90.29 FEET); S61°00'54"E 171.31 FEET; THENCE S54°43'28 "E 230.06 FEET; THENCE S41 ° 11'08"E 101.94 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 170.00 FEET, AN ARC LENGTH OF 110.39 FEET (THE CHORD OF WHICH BEARS 522°34'58"E 108.46 FEET); THENCE S03°58'48"E 162.74 FEET TO A POINT ON THE EASTERLY LINE OF SAID NW1/4NW1/4; THENCE ALONG SAID EASTERLY LINE S00°21'20"E 129.67 FEET (WHENCE THE NORTHWEST 1/16 CORNER OF SAID SECTION 25 BEARS S00°21'20"E 327.45 FEET); THENCE DEPARTING SAID EASTERLY LINE N24°52'09"W 19.17 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 250.00 FEET, AN ARC LENGTH OF 78.78 FEET (THE CHORD OF WHICH BEARS N 14°58'43"W 78.45 FEET); THENCE NO3°58'48"W 197.23 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 140.00 FEET, AN ARC LENGTH OF 90.91 FEET (THE CHORD OF WHICH BEARS N22°34'58"W 89.32 FEET); THENCE N41°11'08"W 98.38 FEET; THENCE N54°43'28"W 224.85 FEET; THENCE N61°00'54"W 169.25 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 223.18 FEET, AN ARC LENGTH OF 106.84 FEET (THE CHORD OF WHICH BEARS N48°48'43"W 105.82 FEET); THENCE S59°26'38"W 30.00 FEET; THENCE N28°45'50"W 176.64 FEET; THENCE N21°30'15"W 184.50 FEET; THENCE N35°54'36"W 161.36 FEET; THENCE N37°08'34"W 140.15 FEET; THENCE N44°25'38"W 55.23 FEET; THENCE N63°21'48"W 6.88 FEET; THENCE N48°14'14"E 30.00 FEET; THENCE N61°03'20"W 44.95 FEET; THENCE N70°20'47"W 33.96 FEET; THENCE N75°46'53"W 29.24 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 130.00 FEET, AN ARC LENGTH OF 148.32 FEET (THE CHORD OF WHICH BEARS N43°05'45"W 140.41 FEET); THENCE N10°24'36"W 43.74 FEET; THENCE N04°00'37"W 119.35 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 375.00 FEET, AN ARC LENGTH OF 123.60 FEET (THE CHORD OF WHICH BEARS N13°27'08"W 123.04 FEET); THENCE N22°53'39"W 178.80 FEET; THENCE N30°59'51 "W 162.40 FEET; THENCE N00°25'10"W 58.97 FEET TO THE POINT OF BEGINNING, SAID PARCEL OF LAND CONTAINING 2.249 ACRES MORE OR LESS.