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HomeMy WebLinkAbout1.0 ApplicationGarfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com DIVISIONS OF LAND APPLICATION FORM TYPE OF SUBDIVISION/EXEMPTION is Minor Subdivision Major Subdivision O Sketch 0 Preliminary 0 Final Conservation Subdivision ❑ Yield 0 Sketch 0 Preliminary ❑ Final ❑ Time Extension ❑ Preliminary Plan Amendment ❑ Final Plat Amendment ❑ Common Interest Community Subdivision ❑ Public/County Road Split Exemption ❑ Rural Land Development Exemption INVOLVED PARTIES Owner/Applicant (j ?c') 319- Di19 Name: W� y e- < fernd J -c <.5 / I WASPOCPhone: ( q 71) 6, 3 " Mailing Address: (0.0f= 1,1 —16 h City: LGi C cpr C State: CC Zip Code: 2 L.L.13 E-mail: or\ V o 5 G- cc, S . Representative (Authorization Required) Name: Phone: ( Mailing Address: City: State: Zip Code: E-mail: PROJECT NAME AND LOCATION Project Name: Nr i.i Ci ilk : Dr) ' EXC' �^ J c k -V -N A i v S 4 6:\ Assessor's Parcel Number: i Ci'' — LJ — 0 ji— (. ) 5— n - 1� Physical/Street Address: to �\IA e' c �- i y CZ , ((h r 0C) r d c& Lr Legal Description: SnS1, ‘ '+ `_ 1 RA n C,S I- R, Zone District: �r ,LC CA Property Size (acres): x;4 , X 5 Ai !a-.cl. ((LAIN.Ci ee C:tv S%.Acife`1 1113 /11 Project Description Existing Use: ,\: \-i' Lx or, t-‘ ri 0'N Proposed Use (From Use Table 3-403): 3 (le) 1-e ct Atj Description of Project: A > \ i t ` y t� C� rl-� S C;i` � ('�t.1 P S � a, C; �r i <.1 YY� � r"l e� SJ° c �y' �� G (�;i1/u�S 5 c�r����v.�j �f>C' � i.l✓+�e� n5 t t-i1e t' i1t`t a_�`+� fP5 fl"S s Jt --=s 4- ri ti rf - b U•At 1-5 c o.\\ 3 k S) tw it? i <> i S\r\.. Cil A C ► 1 C, (-\ Ci \ S � N- -i ' i' t G — 't' O f1 k i \ bk. ) a The.. Proposed Development Area - - Land Use Type # of Lots ! # of Units Acreage Parking Single Family Duplex Multi -Family Commercial Industrial 3 Open Space Other Total REQUEST FOR WAIVERS Submission Requirements ❑ The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards El The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate Signature the best of my knowledge. Property Owner c OFFICIAL USE ONLY oti-rz21- qai,5 Date File Number:M L8_15_3.°__1* Fee Paid: $ 51S: o or ecv- (t* 2 60 Flying Fish Rd. Carbondale, CO., 81623 October 26, 2015 Garfield Co. Board of Commissioners Garfield County, Colorado Commissioners: We truly appreciate the consideration you have shown us in our quest to subdivide our property into 3 Lots. We have been successful in getting the driveways approved (by the High Country Engineers and the Carbondale Fire Department). As we have proceeded in our projects it has become apparent that although the original well on the property (Oxenberg Well #1) was declared to be sufficient for three homes and was approved for the 3 Lots, that a much better plan would be for us to drill 2 new wells on Lots 1 & 3. Zancanella and Associates and Shelton Drilling have assisted us in the logistics of the new plans. The new well sites would be in far corners of the Lots away from where the new septic systems would be located. They would be much closer to the building envelopes that have been planned, so would result in much less tearing up of the land. Each Lot owner would have control of their own domestic water system. We have heard that when people have a shared well situation that it is difficult for them to borrow money on that property, and sometimes the owners have trouble sharing. With those factors in mind, we have succeeded in getting approval from the Basalt Water Conservancy (which took several months) to receive water for two new wells. We have a contract with Shelton Drilling to do the drilling; Mr. Wayne Shelton has assured us that when the approval from you comes through he will be able and happy to take care of our needs, that he foresees no problems. So we are applying for an amendment to our Minor Subdivision Approval to allow us to have 2 new wells drilled for Lots 1 & 3. Lot #2 would continue to use the Oxenberg Well #1. Thank you for your consideration! Sin ely, Wayne E. & Lois M. Vagneur Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") 1/1/0-41r1 - J- ; s m 4.3 agree as follows: 1. The Applicant has submitted to the County an application for the following Project: a -o m 1? d b u r Curren-,- S d+ yi S i 4n u- Pe re ✓'-k c r - a {/y?IpCr Su vi5ion • 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the 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. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The 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, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person: 1 ' S r Phone: (4 7d) 319 - ©/ / /r' Billing Contact Address: r<, (i f—/y i n c /2-7 5 h lid, City: (_0:- r bv-n Billing Contact Email: 3 k» V C oi 04-5+, e e+ State: t - Zip Code: g-// 2 -3 Printed_N me of Person uthorized to Sign: 2 o, 5 J17, (Signatu "e) 1.7 +-t r s-9 h io/7 (Date) 1 Recorder! Reception No. 394389 MILDRED ALSDORF, RECORDER GARFIELD COUNTY, COLORADO 916/1.44a4 .gyi KNOW ALL MEN BY THESE PRESENTS THAT ROBERT OXENBERG AND MAUREEN McCLUSKEY First Party P.0. Box 123Q1 F.O. Box or Street Address Aspen, CO 81612 City State Zip 729 Parc 83 RECORDER AUG 0 i 1988 State Doc. Fee $ * 0 a Colorado Corporation O a Partnership O a Limited Partnership for and in consideration of ten dollars and other valuable considerations, in hand paid, hereby sells and conveys to WAYNE VAGNEUR AND LOIS M. VAGNEUR Second Party Post Office Box 96 P.O. Box or Street Address Woody Creek, Colorado 81656 City State Z.ip *0 Individually O joint tenancy 11) tenancy in common O a Colorado Corporation O a Partnership O a Limited Partnership Gar. f ield the following described property in the County of and State of Colorado: See Exhibit "A" attached hereto and by reference made a part hereof with all its appurtenances and warrants title to the same, except and subject to general property taxes for the current year, U.S. patent reservations and exceptions, any arid all easements and rights of way of a public or private nature, planning, zoning and other governmental rules and regulations and prior oil, gas and other mineral reservations and exceptions, if any SIGNED thisica 0 day of ! ust Por `.- ry • ,A\ P(1 BLlC' �� • ........♦ VATE OF COL ).6$ COUNTY OF GARFIELD ) ss. ,A.D.19 $8 E ik 'TXENBE G• MAUREEN McCLUSKE The foregoing instrument was acknowledged before me this 19 AR by Robert. Oxenberg and Maureen McCluskey, Witness my hand and official seal. My commission expires: S ftp - gr? SFi40 NOTE: • If applieabi., mark 'quer. with K. Singular shall include plural as context requires. day of AllCllls t Notary Public • • BOOK 739 PAGE 84. EXHIBIT "A" TO BE ATTACHED TO A WARRANTY DEED FROM ROBERT OXENBERG AND MAUREEN McCLUSKEY TO WAYNE VAGNEUR AND LOIS M. VAGNEUR A parcel of land situated in Lots 9, 17 and 18 in Section 32, Township 7 South, Range 87 West of the 6th P.M. lying southerly of the southerly right of way line of State Highway No. 82 and northerly of the southerly line of said Lot 17, said parcel of land is described as follows: Beginning at a point on the southerly right of way line of said Highway No. 82 whence the southeast corner of Section 33 in said Township and Range bears S. 65°46'27" E. 6673.89 feet; thence S. 17°47'00" W. 68.52 feet; thence S. 54°57'00" E. 275.40 feet; thence S. 61°53'00" E. 141.97 feet; thence S. 01°17'00" W. 1196.30 feet to a point on the southerly line of said Lot 17; thence S. 89°59'15" W. 693.89 feet along the southerly line of said Lot 17; thence N. 01°17'00" E. 1601.06 feet to a point on the southerly right of way line of said Highway; thence S. 72°16'33" E. 128.37 feet along the southerly right of way line of said Highway; thence S. 72°07'00" E. 244.626 feet along the southerly right of way line of said highway to the point of beginning, containing 22.98 acres, more or less. TOGETHER WITH a non-exclusive access easement being thirty feet in width as described in a Deed recorded on January 10, 1984 as Reception No. 348846 in Book 642 at Page 46 of the Garfield County records. AND SUBJECT TO a non-exclusive access easement being thirty feet in width described in a Deed recorded January 10, 1984 as Reception No. 348847 in Book 642 at Page 47 of the Garfield County records. ALSO, TOGETHER WITH any and all ditch and water rights belonging to, used upon or in connection with the above-described property, including but not exclusively all of the First Party's interest in the following: A. Oxenberg Well No. 1 and all water rights connected therewith and together with a Plan of Augmentation approved therefor. B. A proportionate share of the water and water rights. ditch and ditch rights, in the Basin Ditch, connected with the above-described property as particularly described in Deed recorded as Document No. 221020 in the records of Garfield County, Colorado. ■111 Mr.1711150 W 111111 " IReception#: 859345 02119/2015 12:56:03 PM Jean Alberico 1 or 4 Rec Fee:S0.00 Ooc Fee 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Administration Building in Glenwood Springs on Tuesday, the 171 day of February A.D. 2015, there were present: John Martin Mike Samson Tom Jankovskv Andrew Gorgey Frank Hutfless Kelly Cave Jean Alberico , Commissioner Chairman , Commissioner , Commissioner County Manager County Attorney , Assistant County Attorney , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2 /.5-102 A RESOLUTION APPROVING A MINOR SUBDIVISION FOR WAYNE AND LOIS VAGNEUR ON A 22.65 -ACRE PARCEL OF LAND LOCATED AT 60 FLYING FISH LANE APPROXIMATELY 0.5 MILES WEST OF THE GARFIELD COUNTY/EAGLE COUNTY LINE ON THE SOUTH SIDE OF OLD HIGHWAY 82, GARFIELD COUNTY PARCEL NO# 2391-324-00-015 Recitals A. An application for Administrative Review of a Minor Subdivision application was submitted for a property described in a Warranty Deed recorded at Reception Number 394389 in the office of the Garfield County Clerk and Recorder (the Vagneur Parcel). B. The Director of Community Development is authorized to approve, deny or approve with conditions a Minor Subdivision application resulting in issuance of a Land Use Change Permit pursuant to the 2013 Land Use and Development Code, as amended (LDDC). C. Prior to issuance of a Director decision, the Director of Community Development called up the application to a public hearing before the Board of County Commissioners (the Board) due to the requirement for public improvements in the subdivision which the Board must authorize pursuant to the LUDC. D. A public hearing was scheduled before the Board pursuant to Section 4-112 of the 1 l! SIN PALM MIL Pia wilumfoikkia' rkk S! III Recept i on1! : 659345 02J1912015 12.56.03 Pt! Jean Atberlco 2 of 4 Rec FceSO.00 Doc Fee 0.00 GARFIELD COUNTY CO LUDC. E. The Board opened a public hearing on the 12'}' day of January, 2015 for consideration of whether to approve, approve with conditions or deny the request for a Minor Subdivision and Improvements Agreement, based upon compliance of the proposal with the applicable standards and criteria required by the LUDC. The public and interested persons were given the opportunity to express their opinions regarding the request at this hearing. F. The Board closed the public hearing on 12th day of January, 2015 to make a final decision. G. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearing. 3. That for the above stated and other reasons, and upon compliance with conditions of approval, the request for a Minor Subdivision of the Vagneur Parcel is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That, upon compliance with adopted conditions of approval, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That, upon compliance with adopted conditions of approval, the application has adequately met the requirements of the Garfield County 2013 Land Use and Development Code, as amended. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. B. The Minor Subdivision of the Vagneur Parcel to create three Lots is hereby approved subject to compliance with the following conditions: 2 utiiMrar i1 i+N rAll I4id D'Atitit'Ft' IV:11:/ lsii iiiii III ReceptianU: 859345 02/1012015 12:56:03 P11 Jean Alberleo 3 of 4 Rec Fee:$0.00 Doc Fee:0 00 GARFIELD COUNTY CO I. All representations of the applicant within the application and public hearing shall be considered conditions of approval unless otherwise modified by the Board of County Commissioners. 2. No further subdivision of these parcels is permitted by Minor Subdivision application. 3. Prior to BOCC signature on the Plat the Applicant shall provide Fee In -Lieu of School Land Dedication in the amount of $1,104.33 made payable to the Garfield County Treasurer. 4. The Applicant has 90 days within which to satisfy conditions of approval and provide the following documentation for BOCC signature and recordation: a. A plat mylar with signed Certificates that include Dedication and Ownership, Title, Taxes, Surveyor, and any mortgagees; b. Improvements Agreement, and associated collateral, as approved by the County Attorney's office; c, Covenants, Condition and Restrictions, as approved by the County Attorney's office; d. A Well Sharing Agreement, as approved by the County Attorney's office; and e. Recording Fees. Dated this 17 " day of �-t-6 ^-i- ATTEST: ilew1.. r-) , A.D. 20 l g ARFIEL OMMLS OUN IONE CO UNTY BOARD OF S, GARFIELD RADO rk of the Board Upon motion duly made and seconded following vote: t Chairman 1 fore oingRe'so1 tion was adopteO •y the COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY 3 VIII POPA tIVAMINkruliMg1kA5$i,L 11111 Reception#: 859345 02/18/2015 12:56:03 PM Jean Rlberlco 4 of 4 Rea Fee:$0.00 Doc Fee.0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) I, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 . County Clerk and ex -officio Clerk of the Board of County Commissioners 4 XSA, M IL7916 124. CI - t - -•--• ., -......-0-- ,. ?ZbO. • 1444V4Pc2 - '''' • ,3•T 4-4.4" 4. Fuleged Dvii-Nr.„1,..... ' ••• mec. go: .17....47/ ,-/-rgffelfl.'54.c,.3.1: hyous'2,-1, sr,yi,w• w 1,47 .piaptaeit Well tocatiens. Pi onesilq,.Wef er Supply& 4- eiCre,Yrigatrq07. ,.ederri"r 12L.27 (wAtra Wor-o. N' cyr 021ZR/12- tir 305.57: -••• - younvis'.* EASEtd-A-I Nd. NSW: Aram- mosm.yr. tact tar • 2 - "d_.7.X1K.G yregn..it Dip ,lacsEa,=d,m) N aVt4T-OF-WAI,-, tApPROK1 ss. &RAP= SCALE 1 S r2V30' W IONS' LOT 1-'- 9-367 ...106. - w..nd 2r.4 / • 141-.74' `,..., •,.... 4 5,:e OAS eAtaieit, ka 213,44. ....,„ „_ ...‹..„.... , • ..„,=. _____\., ....., , _...., ,,,,, .:1-124.4--PrEiAosetri 7Piesi, Lirl-sikr, 49111Mzom Seppiy,‘,....- 41115116.e. I.- Air.lif exexiodr, -Jar , -,-tisost-r -IZ51w." CERTIFICATE OF L.187,"Ar. rrd-I.,XIAM •t A PAW!. dr lAND 951S▪ atiadrey dtdd- KAIaalmedT A Mle134F .0 st�- cam 4 Ibeitee 3*2W•101: 2 ir -ed r -2150--z Stdr2rE Fa_V -awcz. adr,---Jr-4 max. sr -aevdE se -cam aCrallIEILT Mgr ALAAAcriliI WESSIAlf •fr =emelt mAsa-rosem tA72 milk ikraers INIF11=- 111111,S IF IM.11166 ▪ iff/t02A01101100I1 MII:2-alft AIM 211111 -ilio• TAW /11181EFF 3Mars, PW PIPE , ... . - tat 1..Rid00.04W011100gOti d'et*Ir 140U a-tpads- WAILS VAL * s 85 -5 -VW w ITS 36- LOT 3 6.459 Ac...± 25,57W -7 - filISAII-IAZAP4731) LJMb ..- addedre tvd CEATIFICATEOF SERera r11* CoAt 1 • Vagneur Minor Subdivision ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: Authorized CotintasigrAtue Stewart Title - Glenwood Springs - Main 1620 Grand Avenue Glenwood Springs, CO 81601 (970) 945-5434 stewart title guaranty company Matt Morris President and CEO Denise C - rraux Secretary Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-45409 004 -UN ALTA Commitment (6/17/06) AMCRICAN LAND MIA A4..00.It rnIN 14 Vagneur Minor Subdivision CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< http://www.alta.orgh. All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-45409 004 -UN ALTA Commitment (6/17/06) AMERICAN tnNi ti tiL At\I# tntll,h 15 Vagneur Minor Subdivision COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No.: 01330-45409 1. Effective Date: August 01, 2014, at 8:00 A.M. 2. Policy or Policies to be issued: (a) A.L.T.A. Owner's Policy Proposed Insured: Buyer Tbd (b) A.L.T.A. Loan Policy Proposed Insured: Amount of Insurance 2006 (Extended) T.B.D. 2006 (Extended) T.B.D. 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the said estate or interest in said land is at the effective date hereof vested in: Wayne Vagneur and Lois M. Vagneur 5. The land referred to in this Commitment is described as follows: See Attached Legal Description Purported Address: 60 Flying Fish Road Carbondale, CO 81623 STATEMENT OF CHARGES These charges are due and payable before a policy can be issued TBD Rate TBD Fee: $300.00 Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members In good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-45409 CO STG ALTA Commitment Sch A STO Page 1 of 2 STEWART TITLE GUARANTY COMPANY 16 AMl11CAM LtNQ Ti TLE uxx:uzwir Vagneur Minor Subdivision SCHEDULE A LEGAL DESCRIPTION A parcel of land situated in Lots 9, 17 and 18 in Section 32, Township 7 South, Range 87 West of the 6th P.M. Tying Southerly of the Southerly Right of Way line of State Highway No. 82 and Northerly of the Southerly line of said Lot 17 said parcel of land is described as follows: Beginning at a point on the Southerly Right of Way line of said Highway No. 82 whence the Southeast corner of Section 33 in said Township and Range bears S 65°46'27" E 6673.89 feet; thence S 17°47'00" W 68.52 feet; thence S 54°57'00" E 275.40 feet; thence S 61°53'00" E 141.97 feet; thence S 01°17'00" W 1196.30 feet to a point on the Southerly line of said Lot 17; thence S 89°59'15" W 693.89 feet along the Southerly line of said Lot 17; thence N 01°17'00" E 1601.06 feet to a point on the Southerly Right of Way line of said highway; thence S 72°16'33" E 128.37 feet along the Southerly Right of Way line of said highway; thence S 72°07'00" E 244.626 feet along the Southerly Right of Way line of said highway to the point of beginning. TOGETHER with a non-exclusive Access Easement being thirty feet in width as described in a deed recorded January 10, 1984 as Reception No. 348846 in Book 642 at Page 46 of the Garfield County Records, and subject to a non-exclusive Access Easement being thirty feet in width described in deed recorded January 10, 1984 as Reception No. 348847 in Book 642 at Page 47 of the Garfield County Records. County of Garfield, State of Colorado Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-45409 CO STG ALTA Commitment Sch A STO Page 2 of 2 STEWART TITLE GUARANTY COMPANY 17 Vagneur Minor Subdivision COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I File No.: 01330-45409 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 4. Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of receipt of this title commitment. 5. THE FOLLOWING REQUIREMENT IS FOR DELETION OF SURVEY EXCEPTIONS 2 AND 3 OF THE OWNERS POLICY: A SURVEY, meeting the minimum detail standards of the ALTA/ACSM, Survey OR IMPROVEMENT LOCATION CERTIFICATE, prepared by a registered Colorado surveyor, within the last TWO MONTHS, must be presented to Stewart Title Guaranty Company, for its approval prior to the deletion of any survey exceptions from the OWNERS POLICY. Stewart Title Guaranty reserves the right to take exception to any adverse matters as shown on said survey, or make further inquiry or requirements relative thereto. Said Survey, must be certified to Stewart Title of Colorado and/or Stewart Title Guaranty Company. 6. Release by the Public Trustee of the Deed of Trust from Wayne Vagneur and Lois M. Vagneur for the use of Colorado Federal Savings Bank to secure $400,000.00, recorded May 19, 2004 in Book 1589 at Page 246 as Reception No. 652414. 7. Release by the Public Trustee of the Deed of Trust from Wayne Vagneur and Lois M. Vagneur for the use of U S Bank NA to secure $250,000.00, recorded May 12, 2008 as Reception No. 748336. 8. Deed from vested owner(s) vesting fee simple title in the purchaser(s). NOTE: Notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute on recording of deeds CRS 38-35-109 (2). 9. Deed of Trust from the Borrower to the Public Trustee for the use of the proposed lender to secure the loan. NOTE: The vesting deed is shown as follows: Warranty Deed August 8, 1988 in Book 739 at Page 83 as Reception No. 394389. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Trtle Association. File No. 01330-45409 CO STG ALTA Commitment Sch B I Page 1 of 1 STEWART TITLE GUARANTY COMPANY 18 Vagneur Minor Subdivision COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II File No.: 01330-45409 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in Schedule B. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and any unredeemed tax sales. 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 10. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded May 8, 1895 in Book 12 at Page 363 as Reception No. 18378. 11. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded May 8, 1895 in Book 12 at Page 363 as Reception No. 18378 and recorded November 22, 1958 in Book 312 at Page 383 as Reception No. 203490. 12. Statement and Map for Basin Ditch recorded June 7, 1887 as Reception No. 4566. 13. Right of Way Map recorded September 5, 1936 as Reception No. 125078. 14. Warranty Deed recorded November 15, 1950 in Book 255 at Page 148 as Reception No. 174108, and any and all assignments of record, or otherwise, thereof, or interests therein. 15. Oil and Gas Lease recorded July 18, 1960 in Book 328 at Page 308 as Reception No. 210271, and any and all assignments of record, or otherwise, thereof, or interests therein; and other Oil and Gas Leases of record. 16. Right of Way recorded October 19, 1961 in Book 337 at Page 241 as Reception No. 215444. 17. Rocky Mountain Natural Gas Right of Way Map recorded May 4, 1962 as Reception No. 217443. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-45409 CO STG ALTA Commitment Sch B 11 STO Page 1 of 2 STEWART TITLE GUARANTY COMPANY 19 •MtRrCAM IACD irf 1 s U c J,uair Vagneur Minor Subdivision COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II 18. Matters disclosed in Warranty Deed recorded June 25, 1968 in Book 395 at Page 166 as Reception No. 241191. 19. Agreement recorded September 10, 1974 in Book 464 at Page 378 as Reception No. 264727. 20. Agreement recorded June 8, 1977 in Book 497 at Page 118 as Reception No. 278849. 21. Resolution No. 78-116 recorded December 13, 1978 in Book 520 at Page 217 as Reception No. 290731. 22. Holy Cross Electric Association, Inc. Right of Way Easement recorded September 27, 1988 in Book 741 at Page 672 as Reception No. 395577. 23. Request for Materials and Cooperative Agreement for Damage Prevention Fencing recorded May 20, 2003 in Book 1471 at Page 427 as Reception No. 627646. 24. Matters disclosed on Warranty deed recorded August 8, 1988 in Book 739 at Page 83 as Reception No. 394389. 25. Holy Cross Electric Association, Inc. Contract for Electric Service, recorded November 3, 1988 in Book 743 at Page 831 as Reception No. 396596. 26. Request for Materials and Cooperative Agreement for Damage Prevention Fencing, recorded May 20, 2003 in Book 1471 at Page 427 as Reception No. 627646. NOTE: This product is for informational purposes only. It is not a title insurance product and does not provide any form of coverage. This product is not a guarantee or assurance and does not warrant, or otherwise insure any condition, fact or circumstance. This product does not obligate this Company to issue any policies of title insurance for any subsequent transaction based on the information provided or involving the described herein. This Company's sole liability for any error(s) relating to this product is limited to the amount this was paid for this product. NOTE: Exceptions 1 and 4 may be deleted from the policies, provided the seller and buyer execute the Company's affidavits, as required herein, and the Company approves such deletions. If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), and the Company has not reviewed and approved lien waivers and indemnitor financials, Standard Exception 4 (mechanic lien exception) will not be deleted and no mechanic lien coverage will be furnished. Exceptions 2 and 3 may be deleted from the policies, provided the Company receives and approves the survey or survey affidavit if required herein. Exception 5 will not appear on the policies, provided the Company, or its authorized agent, conducts the closing of the proposed transaction and is responsible for the recordation of the documents. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-45409 CO STG ALTA Commitment Sch B II STO AY[l1LAM u%P T1I11 u.sKwrwi+ Page 2 of 2 STEWART TITLE GUARANTY COMPANY 20 Vagneur Minor Subdivision DISCLOSURES File No.: 01330-45409 Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; B. A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; C. INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR Note: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title - Glenwood Springs - Main conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: a. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and b. That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN, UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. File No.: 01330-45409 CO Commitment Disclosure 21 70 70 70 70 70 70 70 70 70 z 70 0 0 0 0 I-,1-' 0 1-' 0 0 1- 0 0 0 0 0 0 00 O N F-' N NJ F-` N N 0 1 N N ▪ I-) W 0 N In 0 NJ V N V A 01 I-, U U1 N 0 O 0 WW 0 W W N N 00 N A LC) ✓ V U'1 N CO V 01 V A 0 W 00 I--, l0 239132100017 LIPORI, BART & FAITH C Z8 AVMHDIH LIELT 31V0NOB21VJ 239132400015 VAGNEUR, WAYNE & LOIS M GVO21 HSId 9NIAld 09 31VGNO821VJ 239132400022 FORBES, GREGORY A & ISH, KELLY Z8 AVMHDIH TTVLT 31V0N0821VJ N W W l0 I- W W Ni N) A I--) 0 0 0 0 0 N 0 W W C Z Z_ Z Gl O 2 2 m rC r Z 0 O nnW O m m Z 239132300051 ROARING FORK TRANSPORTATION AUTHORITY W l0 W N 0 0 O Q1 co ✓ 0 m 0 z 0 Z p C m ✓ Z m v 0 £b000TZET6£Z 8T000TZ£T6EZ 2 0 .71 n m 1 r- 90 90 2 0 O 6T000TZ£T6£Z Gl Z Gl m r S2� 0 0 0 mNlailed JagWnN 1unoDYV aweNJaum0 00 n0 l-, r O 70 O 0 70 70 r ✓ rn T m O 0 -nT n m aVOB 39V1NO8d 113AI8 00£Z In F aV0u HSId 9NIAld 9S 31V0NOEIBVJ 13] LLS NIVW 3 OES v z Z8 AVMHDIH £8ZL1 31V0N0821VJ 3f1N3AV )IHVd Z£T m c Z8 AVMHDIH S9£LT 31VaNO821VJ Z8 AVMHDIH S££LT 31VGNO9HVJ tS8S XO8 Od 39V -111A SSVWMONS Z8 AVMHDIH LLELT 3lVaN0921VJ d 0 n n n n n n n n n n n n n n O O O O O O O O O O O O O O c0 00 00 00.00.00 00 N m rn rn rn rn rn n N N N N N N Q 00 W 00 00 W CO 00 00 W W W 00 00 W CL Fa I-) I-, l0 (0 In Ol 0)In - 01 01 01 - U 1 U1 Vl 01 01 N A N In 01 N N N W Q CO N ▪ 1-, W N In )9SE T95 saaump Jpadoid ;ueoe(py CO CO N N 2 70 31VONO8HVJ 31VUNO8UVJ HSId 9NIA1 i 95 n n xj 70 D D D co W 07 O 0IO ZZ Z O Div > > > m m. 'M'O'21 GVO2i1IV21 31VGNO8IVJ N 00 W N 00 2 31VONO82IVJ 00 00 00 00 00 01 Ol 01 NJ Oi N NJ N NJ N W W W W W HSH JNUl13 po 0 31VONO8aVJ ▪ I- I J W W W UW U'I U1 N U'I CO 00 00 N N N 2 2 2 31VGNO82IVJ 31VGNOSUVJ n 70 73 70 D CO CO O 0 z z 0 0 r • r m m 31VGNO821VJ 31VGNO8HVJ CO 00 00 00 00 00 00 CS) - Q1 Ol Ql 41 Ol Ql N NJ N NJ NJ N NJ WUJUJUJUJUJUJ Adjacent Property Owners Map 4-203.8 r 0 cn 0 o Imo' -V - N N m N O / / MIO coO O N M N hQ O� Nm W N N . m cc Q Q. M co Er N 0 sena g•8. E00-1.0-1-ZE-1.6EZ same LTL Z00-10-LZ£-1.6EZ sane S9.9___,_ 1-00-1.0-1-ZE-1.6Ee sane C9•g E1.0-00-LZE-L6EZ sane Lc -t. 6Z0 00-LZE L6EZ P.O. Box 1908 1011 Grsnd Avenue Glenwood Springs, CO 81802 (970) 945-5700 (970) 945-1253 Fax ZAt4CANELt.A AND 4SSot.9ATE5, INC. ENGINEERING CONSULTANTS November 11, 2015 Kathy Eastley Garfield County Community Development 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 Re: Vagneur Minor Subdivision Dear Kathy: In response to your email of November 6, 2015, we are providing you with the attached Well Permit (# 33380-F) for Well #2 (A.K.A. Oxenberg Well #1), Water Court Case No. 86CW111 and the transfer of the Basalt Water Conservancy District contract from the previous owners (Oxenberg/McCluskey) to the Vagneurs in Water Court Case No. 86CW111 for 1.1 acre-feet. The well permit and decree specify that the water from Well #2 be for in-house use only. However irrigation water will be provided by historic irrigation rights from the Basin Ditch. If you have any questions, please contact our office at (970) 945-5700. Very truly yours, Zancanella & Associates, Inc, T amras Zffeaolt Thomas A. Zancanella, P.E. Attachments cc: Wayne and Lois Vagneur z:\2014 jobs\14314 vagneur - flying fish road\well data\garfield county -well 2 info.docx ENARTECH Inc. Consulting Engineers and Hydrologists April 24, 1986 Lee Leavenworth Leavenworth, Lochhead & Milwid P.O. Drawer 2030 Glenwood Springs, CO 81602 RE: McCluskey Contract -Basalt Water Conservancy District Dear Lee, 41114N, .,......... iiii [---,q.,i., \wc,---1I1 1 I.Ft o iY',N. Arg. iJ•: Et I )t'(ilkii P.V. Per your request, we have calculated the total water requirements and consumptive use associated with three single- family homes on the McCluskey property. In-house use will total 0.941 acre-feet per year. Our calculations and assumptions are summarized on the attachment. An evaporative wastewater treatment system results in 100% consumptive use. Results indicate the existing Oxenburg/McCluskey Basalt Water Conservancy District contract of 1.1 acre-feet would be sufficient to cover depletions resulting from the three residences including a 10% transit loss. In order to retain the existing 1.1 of contract with the District, you will need to notify the Board of the proposed change of use as well as establish a homeowners association to facilitate administration of one contract for three residences. An alternative would be to obtain three new individual Basalt District contracts, one for each residence. If you have any questions, do not hesitate to call. Sincerely, ENARTECH, Inc. James B. Ingwersen Hydrologist JBI/cl 129-02 Encl. 302 Eigtitti Street, Suite 325 P.U. Drawer 160 Glenwood Springs, Colorado 81602 (303) 945-2236 LOYAL E. LEAVENWORTH JAMES S. LOCHHEAD LEAVENWORTH & LOCHHEAD, P.C. ATTORNEYS AT LAW April 4, 1988 1011 GRAND AVENUE P.O. DRAWER 2030 GLEN TOOLEPHONEGS, COLORADO 81602 5-2261 FILED IN DISTRICT COURT WATER DWV)SJOAM 5, COLO"e" 05 1988 Ms. Peggy Jordan, Clerk Water Division No. 5 109 Eighth Street, Suite 104 Glenwood Springs, CO 81601 Re: Case No. 86CW111; Oxenberg/McCluskey Plan for Au mcr ation Dear Peggy: Enclosed please find for filing in connection with the above -captioned case a copy of an approved well permit (Permit No. 033380-F. 1 would request that this letter and the enclosed copy of the well permit be placed in the Court's file. Very truly yours, LEAVENWORTH & LOCHHEAD, P.C. LEL:rin Enclosure cc: Orlyn Bell Maureen McCluskey Robert Oxe nbe rg Copy of the .foregoing mailed to et Counsel of record—Water Ra ree—N,LDiv. Epginee and Stat- Engineer Date p~uty .f kiw , IIiv_ Loy , i�- venworth WRJ.5-Re,. 76 Application muYj {(```r be complete where,r...v applicable. Type or print in BLACK V.,,l\ 0 INK. No overstrikes or erasures unless COLORADO DIVISION OF WR 1 tri tiL UUH( tJ FILED IN DISTRICT COURT81r tennial Bldg., 1313 Sherman St., Denver, C o 80203 WATER DIVLSION 5, CALORA©O PERMIT APPLICATION FORM Y\\J ED. COX) A PERMIT TO USE GROUND WATER ,9* DCX) A PERMIT TO CONSTRUCT A WELL FOR: (X) A PERMIT TO INSTALL A PUMP 28362-F OZER (XX) REPLACEMENT FOR NO 0316 WATER COURT CASE NO 86CW111 (cooxattached) P initialed. ( )OTHER APR 05 411 CLEF( (1) APPLICANT - mailing address NAME Robert Oxenberg & Maureen McCluskey c/o Leavenworth & Lochhead, P.C. STREET P. ewer c03t0 Glenwood Springs, CO 81602 (state) (Zip) TEL EP iON E NO. (303) 945-2261 CITY (2) LOCATION OF PROPOSED WELL County NE '/ of the SE Ya, Section 32 Garfield Two. 7 S R ng. cr4.$) 87 W 6th P.M. E.V.) (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) 15 Averaoe annual amount of ground water . 941 to be appropriated (acre-feet)' Number of acres to be irrigated: Proposed total depth (feet): 40 0 Aquifer ground water is to be obtained from: Roaring Fork. River alluvium Owner's well designation Oxenberg Well No. 1 GROUND WATER TO BE USED FOR: (XX) HOUSEHOLD USE ONLY • ( ) DOMESTIC (1) ( ) LIVESTOCK (2) ( ) COMMERCIAL (4) no irrigation (0) ( ) INDUSTRIAL (5) ( ) IRRIGATION (6) ( ) MUNICIPAL (8) ( ) OTHER (9) DETAIL THE USE ON BACK IN (11) (4) DRILLER Name Street City Shelton Drilling Co.. P.O. Box 1070 Basalt, CO 81621 (State) (Zip) Telephone No. 927-3893 Lic. No. 894 FOR OFFICE USE ONLY:LD> -DJOT: W TV L4N THIS COLUMN tiWXL-IDE8 Receipt No. S 1 I TTL./ Basin arzt ou. L)iii Dist. t'•n t CONDITIO-NS OF3;1OVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 1) APPROVED PURSUANT TO C.R.S. 37-90-137(2) FOR USE OF THE WELL CONSTRUCTED UNDER PERMIT 28362-F (EXPIRED), APPROPRIATING GROUND HATER TRIBUTARY TO THE ROARING FORK RIVER, AS AH ALTERNATE POINT OF DIVERSION TO THE BASALT CONDUIT ON THE CONDITION THAT THE WELL SHALL BE OPERATED ONLY WHEN A WATER ALLOTMENT CONTRACT BETWEEN TF WELL OWNER AND THE BASALT WATER CONSERVANCY DISTRICT FOR THE RELEASE OF REPLACEMENT WATER FROM RUEDI RESERVOIR IS IN EFFECT OF UNDER AN APPROVED PLAN FOR AUGMENTATION. 2) THE MAXIMUM PUMPING RATE OF THE WELL SHALL HOT EXCEED 15 G.P.t' 3 THE AVERAGE ANNUAL AMOUNT OF GROUND WATER 10 BE APPROPRIATED SHALL NOT EXCEED .941 ACRE-FEET. 4) THE USE OF GROUND WATER FROM THIS WELL IS LIMITED TO HOUSEHOLD PURPOSES (IN-HOUSE ONLY) FOR THREE SINGLE FAMILY DWELLING UNITS, INCLUDING FIRE PROTECTION. ALL USE OF THIS WELL WILL BE CURTAILE UNLESS THE WATER ALLOTMENT CONTRACT OR A PLAN FOR AUGMENTATION IS IN EFFECT. 5) A TOTALIZING FLOW METER RUST BE INSTALLED ON THE WELL AHD MAINTAINED IN GOOD WORKING ORDER. PERMANENT RECORDS OF ALL DIVERSIONS MUST BE MAINTAINED BY THE WELL OWNER (RECORDED AT LEAS ANNUALLY) AND SUBMITTED TO THE DIVISION ENGINEER UPON REQUEST. 6) THE WELL SHALL BE LOCATED NO MORE THAN 200 FEET FROM THE LOCATION SPECIFIED HEREON. 7) THE OWNER SHALL MARK THE WELL IN A CONSPICUOUS PLACE WITH APPROPRIATE WELL PERKIT NUMBERS, NAME OF THE AQUIFER, AND COURT CASE NUMBERS. HE SHALL TAKE NECESSARY MEANS AND PRECAUTIONS TO PRESERVE THESE MARKINGS. 8) ISSUANCE OF THIS PERKIT CANCELS PERMIT NO. 130667. \ iv " P 7Q fwd n ;E APPLICATION APPROVED PERMIT NUMBER 033380 -F DATE ISSUED MAR 21 t988 EXP1 R ,ION DATE k� Q R a . TATE E GINEER) • ..A { D COUNTY THE LOCATION OF THE P. `POSED WELL and the area on which the water will be used m ,e indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. !-4 1 MILE, 5280 FEET Y I I I I } - 4 _ NORTH SECTION LINE _ T - 4 1- t/1 w I ISECTTON I I 32 I I I I X t f SOUTH SECTION LIN m to 1 m r1 0 2 r 2 m The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres_. 1 (6) b, `/ELL MUST BE LOCATED BELOW „ances from section lines. 2 ,000 ft. from South sec, line (north or south) 557 ft from East sec. line feast or west) LOT BLOCK FILING z SUBDIVISION (7) TRACT ON WHICH WELL WILL BE LOCATEDOwner: Applicants 22.67 No. of acres Will thi:- be the only well on this tract? yes (8) PROPOSED CASING PROGRAM Plain Casing rc22 in from G ft to ft in from ft to ft Perforated casing .6`5/8 in from 22 ft to 34 ft in from ft to ft WATER EQUIVALENTS TABLE {Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second icfs) , .. 449 gallons per minute {gPml A family of 5 will require approximately 1 acre-foot_of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm (Dumped continuously for.one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLS give distance and direction from old well and plans for plugging it (10) LAND ON WHICH GROUND WATER WILL BE USED: Applicants 22.67 Owner(s):No. of acres' Legal description: NEG SE1 Section 32,-T. 7 S. , R. 87 W, 6th P.M. (11) DETAILED DESCRIPTION of the use of around water: Household use and domestic wells must indicate type of disposal system to be used. In-house use only. Disposal system is a evaporative leach field per County specifications, (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Description of land on which used Same. as 10 above Type or right Used for (purpose) 1/3 c. f. s. and 1/6 Irrigation interest in the- Patterson Cummins Ditch. (13) THE T - .1 PPLICANT_. S,), STATER, THAT THE INFORMATI ET FORTH HEREON IS = f TO THE PS. OF 1-11§4CNOWLEDGE. SIGNATURE OF APPLIC'A1V(S)» Use additionai sheets of paper if more space is required. DISTRICT COURT, WATER DIVISION NO. 5, COLORADO Case No. 86CW111 RULING OF THE REFEREE CONCERNING THE APPLICATION FOR WATER RIGHTS OF: ROBERT OXENBERG and MAUREEN McCLUSKEY, in Garfield County, Colorado The above -entitled Application was filed on April 30, 1986, and referred to the Water Referee for Water Division No. 5, State of Colorado, by the Water• Judge of said Court, on May 16, 1986, in accordance with the provisions of Article 92 of Chapter 37, Colorado Revised Statutes, 1973, known as the Water Rights Determination and Administration Act of 1969. The undersigned Referee, having made such investigations as are necessary to determine whether or not the statements in the Application are true, and having become fully advised with respect to the subject matter in the Application, does hereby make the following determination and ruling as the Referee in this matter to -wit: 1. The statements in the Application are true. 2. The name and address of Applicants are Robert Oxenberg and Maureen McCluskey, c/o Leavenworth, Lochhead & Milwid, P.C., 1011 Grand Avenue, P. 0. Drawer 2030, Glenwood Springs, Colorado 81602. 3. Timely and adequate notice of the filing of this Application was given as required by law. 4. The underground water right set forth below has been applied for by the Applicant and is to be augmented pursuant to the terms of this Decree: Oxenberg Well No. 1 is located in the Northeast 1/4.of the Southeast 1/4 of Section 32, Township 7 South, Range 87 West of the 6th P.M., 2000 feet from the South section line and 557 feet from the East section line, for 15 gallons per minute, conditional, for household purposes (in-house only) for three single-family dwelling units, including fire protection. The appro- priation date is November 9, 1984. Said appropriation was initiated by field inspection and an application for well permit. This well has been issued Well Permit No. 28362-F. -1- 5. Previous decree for water rights to be used for augmen- tation: Up to 1.1 acre-feet of water secured from the Basalt Water Conservancy District's water allotment contract with the Bureau of Reclamation for Ruedi Reservoir water. Ruedi Reservoir is an on-channel reservoir located in the Northwest 1/4 of the Northeast 1/4 of Section 18, Township 8 South, Range 84 West of the 6th P.M. Ruedi Reservoir was originally decreed for 140,697.3 acre-feet in Civil Action No. 4613, Garfield County District Court on June 20, 1958, with an appropriation date of July 29, 1957, for hydro-electric power generation, irrigation, municipal, domestic, industrial, piscatorial, and stock watering uses. Subsequently, in Case No. W-789-76, Water Division No. 5, the amount of water decreed to Ruedi Reservoir was reduced from 140,697.3 acre-feet to 101,369 acre-feet. 6. Statement of plan for augmentation: The Applicants are the owners of approximately 22 acres of land adjacent to the Roaring Fork River generally located in the Northeast 1/4 of the Southeast 1/4 of Section 32, Township 7 South, Range 87 West of the 6th P.M. The Applicants intend to subdivide the property into three parcels. Irrigation will occur with the historic irrigation rights owned by the Applicants that are appurtenant to the parcel. The household needs of each parcel will be served by the Oxenberg Well No. 1 (Permit No. 28362-F) which will be augmented with water from Ruedi Reservoir. Pursuant to a contract with the Basalt Water Conservancy District dated August 31, 1983, the Applicants have the right to utilize 1.1 acre-feet from Ruedi Reservoir. Each of the three parcels will have one single -family unit with an assumed demand of 3.5 people per unit at 80 gallons per capita per day (in-house usage only). The Applicants anticipate that evapotranspiration wastewater disposal systems will be utilized. The Applicants' consulting hydrologists have determined that the total demand and consump- tive use for the in-house requirements will be 0.941 acre-feet per year. Transit losses between the outlet of Ruedi Reservoir and the point of depletion are estimated to be 10 percent of the potential annual augmentation requirement or approximately 0.094 acre-feet per year. Therefore, the Applicants' 1.1 acre-feet of water available from Ruedi Reservoir will be sufficient to cover depletions resulting from the in-house needs of the three resi- dences. When the water right decreed to the Oxenberg Well No. 1 is out of priority, releases will be made at the request of the Division Engineer from Ruedi Reservoir in accordance with the following schedule: Reservoir Reservoir Month Release (A.F.) Month Release (A.F.) January 0.080 July 0.080 February 0.072 August 0.080 March 0.080 September 0.077 April 0.077 October 0.080 May 0.080 November 0.077 June 0.077 December 0.080 TOTAL RESERVOIR RELEASE 0.941 A.F. TRANSIT LOSS 0.094 A.F. TOTAL AUGMENTATION REQUIREMENT 1.035 A.F. 7. Applicant will install, operate, and maintain all such adequate measuring devices on the Oxenberg Well No. 1 described in Paragraph 4 as may be required by the Division Engineer to facilitate the administration of this plan and to assure compliance herewith. 8. If the plan for augmentation is operated and admini- stered in accordance with this decree, water will be available for diversion through the Oxenberg Well No. 1 described in Paragraph 4, above, without changing the regimen of the Roaring Fork River so as to cause material injury to other owners or users of vested water rights or decreed conditional water rights. 9. The proposed plan for augmentation meets the statutory criteria for a plan for augmentation set forth in C.R.S. 1973, §37-92-103(9), -302(1), and -303(8), as one contemplated by law and, if operated in accordance with the terms and conditions of this Ruling, will not injuriously affect the owner of or persons entitled to use water under a vested water right or decreed con- ditional water right. The Referee does, therefore, conclude that the application for underground water rights for the Oxenberg Well No. 1 is hereby approved for 15 gallons per minute conditional for domestic in-house purposes for three single-family dwelling units with an appropriation date of November 9, 1984, at the location and from the source listed above; subject, however, to all earlier priority dates of others to the integration and tabulation by the Division Engineer of such priorities in accor- dance with law. Application for a quadrennial finding of reasonable dili- gence shall be filed in �r�e�-��- of 1990 and in �����,- of every fourth calendar year thereafter so long as the Applicant desires to maintain this conditional water right or until a determination has been made that this conditional water right has become an absolute water right by reason of completion of the appropriation. -3- The application for plan for augmentation contained herein is hereby approved and operation thereof shall be conducted in a manner pursuant with the terms and conditions of this Ruling. It is accordingly ordered that this Ruling shall be filed with the Water Clerk subject to judicial review. It is further ordered that this Ruling shall be filed with the appropriate Division Engineer and State Engineer. Dated this c2 day of e��.. - , 1986. Copy of the foregoingmailed to all Ccunset of record" `Na er Enzinee nd , ,< pep f Ci , Water o. div., o. 5 ;1.1.4 Water Referee Water Division No. 5 State of Colorado No protest was filed to this Ruling of the Referee. The foregoing Ruling is confirmed and approved and is made the judgment and decree of this Court; subject, however, to recon- sideration on the issue of injury to vested water rights for a period of two years commencing from the date of first operation of the plan for augmentation provided for by this decree, and in making such determination the Court has considered the nature and source of the augmentation water and the quantity of uses to be augmented. Dated this �G day of2.6�,` r Copy of the foregoing mailed to all Counsel of record -Water Referee tiv. Engineeren91 ,, r St t3 En,irrz,L•ft, at. 1 G 7/ f Deputy ok oeV6- 5 'dL U-liI-GAG m <: Wate , 198F'. udge 1 J v ti.'.• k.71 {„-S DISTRICT COURT, WATER DIVISION NO. 5, COLORADO Case No. 86CW111 NOTICE OF TRANSFER OF A CONDITIONAL WATER RIGHT IN THE MATTER OF THE CONDITIONAL WATER RIGHTS DECRE TO OXENBERG WELL NO. 1, in Garfield County, Colorad COMES NOW, Wayne and Lois Vagneur, by and throe _4.;Otti, attorneys, Leavenworth & Lochhead, P.C., and submit this No ice that they have acquired title to the Oxenberg Well No. 1 con- ditional water right and the Plan for Augmentation decreed in Case No. 86CW111, and pursuant to Rule 9(a) of the Local Rules of Water Division No. 5, Colorado, states: 1. The case in which the conditional decree for the Oxenberg Well No. 1 was issued is Case No. 86CW111, in the District Court in and for Water Division No. 5. 2. Oxenberg Well No. 1 was decreed on January 26, 1987, for 15 g.p.m., conditional, for domestic in-house purposes, with an appropriation date of November 9, 1984, located in the Northwest 1/4 of the Southeast 1/4 of Section 32, Township 7 South, Range 87 West of the 6th P.M., 2,000 feet from the South section line and 557 feet from the East Section line. 3. The transferor is Robert Oxenberg and Maureen McCluskey. 4. The name and mailing address of the transferee is Wayne and Lois Vagneur, Box 28267, El Jebel, CO 81628. Copies of any notices in this matter should also be sent to Leavenworth & Lochhead, P.C., P. 0. Drawer 2030, Glenwood Springs, CO 81602. 5. A copy of the recorded deed transferring the subject water right to Wayne and Lois Vagneur is attached hereto as Exhibit "A" and incorporated herein by this reference. 5. Robert Oxenberg and Maureen McCluskey were also the owners of an Allotment Contract with the Basalt Water Conservancy District, dated August 31, 1983, which Contract allots 1.1 acre- feet of water per year for use in the plan for augmentation decreed in Case No. 86CW111. This contract has been assigned to Wayne and Lois Vagneur. A copy of the Assignment of Allotment Contract is attached hereto as Exhibit "B" and incorporated nerein by this reference. Recorded at 'I. /CP o'clock 1 ,M. AUL; 0 8 1908 Reception No 394389 MILDRED ALSDORF, RECORDER GARFIELD COUNTY, COLORADO 7:.*) parr S3; KNOW ALL MEN BY THESE PRESENTS THAT ROBERT OXENBERG AND MAUREEN McCLUSKEY First Party P.Q. Sox 12381 P.O. Box or Street Address Aspen, CO 81612 City State Zip �REgCORDER Ag0 UG 1988 Stat. Doc. Foo $ /0 • 0 a Colorado Corporation ❑ a Partnership ❑ a Limited Partnership for and in consideration of ten dollars and other valuable considerations, in hand paid, hereby sells and conveys to WAYNE VAGNEUR AND LOIS M. VAGNEUR Second Party Post Office Box 96 P.O. Box or Street Address Woody Creek, Colorado 81656 City State Zip •❑ Individually ❑ joint tenancy El tenancy In common ❑ a Colorado Corporation ❑ a Partnership ❑ a Limited Partnership Garfield the following described property in the County of and State of Colorado: See Exhibit "A" attached hereto and by reference made a part hereof with all its appurtenances and warrants title to the same, except and subject to general property taxes for the current year, U.S. patent reservations and exceptions, any and all easements and rights of way of a public or private nature, planning, zoning and other governmental rules and regulations and prior oil, gas and other mineral reservations and exceptions, if any SIGNED this day of August ��`\�0.•' L. p.:.10`14t 01Ary: 1 C • O# �.. E'fIBLka, STATE OF bf.fA58:= 1 _,.„.3;.,. 1 ss. COUNTY OF GARFIELD 1 A n ,n88.•;• , XENBE a, MAUREEN McCLUSKE The foregoing instrument was acknowledged before me this 19 RR by Robert Oxenberg and Maureen McCluskey, a fit✓ Witness my hand and official seal. My commission expires: 8. 1b -1R • i,o t NOTE: • If sppliobl•. mark equate with s. >Rnlular AO Include plural as t nt.xt rpukac day of August Notary Public �^ L� EXHIBIT "A" • • 18.90 i':x 739 'TIE 54 EXHIBIT "A" TO BE ATTACHED TO A WARRANTY DEED FROM ROBERT OXENBERG AND MAUREEN McCLUSKEY TO WAYNE VAGNEUR AND LOIS M. VAGN1iUR A parcel of land situated in Lots 9, 17 and 18 in Section 32, Township 7 South, Range 87 West of the 6th P.M. lying southerly of the southerly right of way line of State Highway No. 82 and northerly of the southerly line of said Lot 17, said parcel of land is described as follows: •Beginning at a point on the southerly right of way line of said Highway No. 82 whence the southeast corner of Section 33 in said Township and Range bears S. 65°46'27" E. 6673.89 feet; thence S. 17"47'00" W. 68.52 feet; thence S. 54'57'00" E. 275.40 feet; thence S. 61'53'00" E. 141.97 feet; thence S. 01'17'00" W. 1196.30 feet to a point on the southerly line of said Lot 17; thence S. 89"59'15" W. 693.89 feet along the southerly line of said Lot 17; thence N. 01'17'00" E. 1601.06 feet to a point on the southerly right of way line of said Highway; thence•S. 72'16'33" E. 128.37 feet along the southerly right of way line of said Highway; thence S. 72.07'00" E. 244.626 feet along the southerly right of way line of said highway to the point of beginning, containing 22.98 acres, more or less. TOGETHER WITH a non-exclusive access easement being thirty feet in width as described in a Deed recorded on January 10, 1984 as Reception No. 348846 in Book 642 at Page 46 of the Garfield County records, AND SUBJECT TO a non-exclusive access easement being thirty feet in width described in a Deed recorded January 10, 1984 as Reception No. 348847 in Book 642 at Page 47 of the Garfield County records. ALSO, TOGETHER WITH any and all ditch and water rights belonging to. used upon or in connection with the above-described property, including but not exclusively all of the First Party's interest in the following: A. Oxenberq Well No. 1 and all water rights connected therewith and together with a Plan of Augmentation approved therefor. B. A proportionate share of the water and water rights. ditch and ditch rights, in the Basin Ditch. connected with the above-described property as particularly described in Deed recorded as Document No. 221020 in the records of Garfield County, Colorado. •t ASSIGNMENT OF ALLOTMENT CONTRACT Basalt Water Conservancy District FOR VALUE RECEIVED, MAUREEN MCCLUSIO Y and ROBERT OXENBURG ("Assignor") hereby sell, assign, transfer and set over to WAYNE VAGNEUR and LOIS VAGNEUR all of Assignors' right, title and interest in and to that certain Water Allotment Contract with the Basalt Water Conservancy District dated August 31, 1983, which Contract allots 1.1 acre feet of water per year for use on that real property described on Exhibit "A" attached hereto and incorporated herein by this reference. This Assignment is conditioned upon the consent thereto by the Basalt Water Conservancy District as hereinbelow provided. Assignee hereby assumes and agrees to pay and perform all of the obligations of the Allottee under said Contract. The effective date of this Assignment shall be the e, -day of u.ot , 199f5�'�^ ,. DATED this p, day of UV , 1988. Assignees Mailing Address: 23 --96 • ,f>/‘ 5-6 Telephone No. 92.E-3031 Maure-j' Clus e - ssignor - Assignor Way g eur Ass gnee Lois Vagneu - Assignee CONSENT TO ASSIGNMENT The Board of Directors of the Basalt Water Conservancy District has duly considered the foregoing Assignment and has authorized its undersigned officer to execute this Consent to such assignment; provided that this Consent is conditioned upon the District's receipt of all- charges accrued on the subject Contract as of the above stated effective date. DATED this nth day of A„e„st ► 1988. BASALT WATER CONSERVANCY DISTRICT By: Otto -IG EXHIBIT "B" EXHIBIT "A" TO ASSIGNMENT OF ALLOTMENT CONTRACT OF ROBERT OXENBERG AND MAUREEN MCCLUSKEY Property Description NES of SE\, Section 32, Township 7 South, Range 87 West of thr 6th Principal Meridian, Garfield County, Colorado. XFINITY Connect Page 1 of 1 XFINITY Connect Imvag@comcast.ne + Font Size - Vagneur Subdivision From : Cathy Queen <cqueen@za-engineering.com> Mon, Nov 02, 2015 10:28 AN Subject : Vagneur Subdivision 0 1 attachment To : Imvag@comcast.net Lois, I have highlighted in yellow on the well permits the Basalt District Contract # and the Lot is applies to. Well Permit #79394 is for Lot 1 and the Basalt Contract is #661. Well Permit #79381 is for Lot 3 and Basalt Contract is #662. In the Basalt Contracts, the Lot is shown on the Table that is part of the contract. Hope this helps. Cathy Cathy Queen Office: 970.945.5700 I Fax: 970.945.1253 caueen@za-engineerinq.com Zancanella & Associates Inc. 1 Engineering Consultants 1011 Grand Avenue I Glenwood Springs, CO 81601 CONFIDENTIALITY NO77CE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential, privileged or proprietary information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, immediately contact the sender by rep/y e-mail and destroy all copies of the anginal message. Lot 1 and Lot 3 Well permits.pdf 130 KB https://web.mail.comcast.net/zimbra/h/printmessage?id=210740&tz=America/Denver&xim=1 11/2/2015 ORDER GRANTING APPLICATION FOR ALLOTMENT CONTRACT WAYNE VAGNEUR AND LOIS M. VAGNEUR CONTRACT NO. 662 Application having been made by or on behalf of WAYNE VAGNEUR and LOIS M. VAGNEUR and hearing on said Application having been duly held, it is hereby ordered that said Application be granted and that the attached Water Allotment Contract for 0.033 cubic feet of water per second from the District's direct flow rights and 1.0 acre feet per year of storage/augmentation water owned or controlled by the District is hereby approved and executed by and on behalf of the Basalt Water Conservancy District, for the beneficial use of the water allotted in the attached Contract, upon the terms, conditions and manner of payment as therein specified and subject to the following specific conditions: 1. The Applicant has acknowledged that the land to be benefited by the attached Contract is described on Exhibit A attached hereto and incorporated herein by this reference. 2. In the event of the division of the property served by this Contract into two or more parcels owned by different persons, the Applicant shall establish a Homeowners Association or other entity acceptable to the District for the ongoing payment of charges due under the approved Contract following subdivision of the property. The Applicant shall give notice to purchasers of all or any part of the subject property of the obligation of this Contract, and shall record such notice in the records of the Clerk and Recorder of Garfield County, Colorado. Applicant and his successors and assigns shall comply with all rules and regulations now existing or hereafter adopted by the District, including enforcing payment of charges due under the approved Contract by present and future owners of all or any part of the real property served under this Contract. 3. Any allotment of less than 1.0 acre foot of storage water in Paragraph 1 of the attached Contract shall be deemed 1.0 acre foot for purposes of establishing the annual water service charge for such water allotment. 4. Applicant has represented to the District that the proposed use of the land to be benefited by the water allotted hereunder has been approved by the applicable governmental authorities having jurisdiction over such land use and by executing the attached water allotment contract warrants to the District that the lot or parcel to be benefited hereunder is legally subdivided. 2015-9-8 Order to Contract No. 662.doc 1 5. Any well permits issued on the basis of this Allotment Contract shall be applied for and issued in the name of the Applicant. 6. This Contract is conditioned upon and water may be delivered hereunder only in conformity with a water rights plan of augmentation decreed by the Water Court of Water Division No. 5. Any and all conditions imposed upon the release and diversion of the water allotted hereunder in the decree of said Water Court shall be incorporated herein as a condition of approval of this Contract. Granting of this Allotment Contract does not constitute the District's representation that the Applicant will receive a well permit or water rights decree for the land to be benefited hereby. 7. If Applicant intends to divert water through a well or wells, Applicant shall provide the District a copy of Applicant's valid well permit for each such well before the District is obligated to deliver water for the benefit of Applicant hereunder. Applicant must comply with the well -spacing requirements set forth in C.R.S. §37-90-137, as amended, if applicable. Compliance with said statutory well -spacing criteria shall be an express condition of the extension of service hereunder, and the District shall in no way be liable for an Applicant's failure to comply. Approved this D— day of September, 2015. Attest: By: Scott L'o lie,; Secretary to the Meeting 2015-9-8 Order to Contract No. 662.doc BASALT WATER CONSERVANCY DISTRICT By: -2 Don o es nt • Arthur Bowles, Vice President EXHIBIT A Vagneur Minor Subdivision A parcel of land situated in Lots 9, 17 and 18 in Section 32, Township 7 South, Range 87 West of the 6th P.M. lying southerly of the southerly right of way line of State Highway No. 82 and northerly of the southerly line of said Lot 17, said parcel of land is described as follows: Beginning at a point on the southerly right of way line of said Highway No. 82 whence the southeast corner of Section 33 in said Township and Range bears S. 65° 46' 27" E. 6673.89 feet; thence S. 17° 47' 00" W. 68.52 feet; thence S. 54° 57' 00" E. 275.40 feet; thence S. 61° 53' 00" E. 141.97 feet; thence S. 01° 17' 00" W. 1196.30 feet to a point on the southerly line of said Lot 17; thence S.89° 59' 15" W. 693.89 feet along the southerly line of said Lot 17; thence N. 01° 17' 00" E. 1601.06 feet to a point on the southerly right of way line of said Highway; thence S. 72° 16' 23" E. 128.37 feet along the southerly right of way line of said Highway; thence S. 72° 07' 00" E. 244.626 feet along the southerly right of way line of said highway to the point of beginning. Containing 22.655 acres, more or Tess. r E2 C1) tr) -1 rr z SZ O > w — > ac m a ao cn za dU) QW — w r 2 0 ea 0 c cora c 1.0 0 N ¢ Di 0 0 O h 0 ra N ta C6 Q N 25 a O C 611 3 O 0 Maximum Demand: 0 LL U a 0 (13) Source of Aug/Replace r_elaa 2:2 :22:222`2:22G2 CDCDCOCDcOCDCD0CDCDCD Consumptive Use x(13) Delayed Depletions h t -h co O CT O CO MP PO Z W !9 h f a C7 h l7 r Ir rf 04000 r r .... ,000 0 O C7 C7 O C7 0 O O C7 0 CD tG 'f _0 O (7) (8) (9) (10) (1 1) '(12) Domestic Commerclat Lawn Crop In-house or Other Irrigation Irrigation Livestock TOTAt. OmO naOnvTrcoO 0 D 0,- N CO r- 0 D 0 0 0 0 0 0 O O Q 0 0 0 0 tO CJ�f O 0 0 0 0 0 0 Q 0 0 0 0 0 0 0 0 0 0 0 O O O O O 0 0 0 0 0 O C7 O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O C7 O CO 0 0 00 0 0 0 0 0 O a00$C70 CD CD Oa 0 0 0 0 0 0 0 0 0 0 0 C7 0 0 0 CD O Q O O O O O O O a O O O O 0 v N CO n Qr CO N O 0 D D D a" n O C7 D 00cioaCo60cioo 0) `N a 0 0 0 a 0 0 0 0 0 0 0 0 O O O a 0 0 0 0 0 0 0 0 O Q o Q a Q 0 0 0 0 0 4 000 CO D O 00000(? O a 0 o o 0 0 0 CO h o o n o 0 o D D D D D o D D D D D D 0000000 cio00o a 0 C E E = 760 r (1) (2) (3) (4) (5) (6) Domestic Commercial Lawn Crop in-house or Other Irrigation Irrigation Livestock TOTAL ` 142g31mAa321; 0000 - C4 V4 r.-000 0 0 0 0 0 0 0 0 0 0 0 0 R +- 0 0 0 0 O O O O op 0 0 D D D D O D 0 D D Co D D 0 0 0 0 0 0 0 0 0 0 0 0 0.000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O C3 C7 O O O O a 0 O 0 0 0 0 0 0 C3 0 0 0 0 0 O O a O D p Op D M M CNV r• a00 CO g D D 0 0 0 N N •- O O O 0 0 0(0 6 0 0 0 0 6 0 0 stp O: O D O 0 OO "0.7 O co C7 CD C3 O O 0 D D O O O a O D 0 0 0 0 0 0 0 0 000 O O O C] 006 0.000 O +n O CO 0 CO O O CO C C0 0 '0 0 ., vav,vtnvun Q O O O G O O O O O O O 0 x 0 0 0 0 0 0 0 0 0 m m Y7 0 O — O ? L a 2 y 2 E c 2 - c Z. O C O fp a tD = 5 0 O �7 O LJCLCI1111CI TOTALS —> a N n J E E U 13 sn 0 U a: 0. E 0 0 8 0 Commercial/Other Demand (af) Elevation (feet) O 07 U O 4l to 73 O' rx t C c e3 O ¢ LL c O J D O 0 O EXHIBIT B BASALT WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT NO. 662 Pursuant to C.R.S. § 37-45-131 WAYNE VAGNEUR and LOIS M. VAGNEUR (collectively hereinafter "Applicant") has applied to the Basalt Water Conservancy District (hereinafter the "District") a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of Section 37-45-101, Colorado Revised Statutes, et seq., for an allotment contract for beneficial use of water rights owned, leased, or hereafter acquired by the District ("Contract"). By execution of this Contract, Applicant agrees to the following terms and conditions and those certain terms and conditions set forth in the attached Order, which is fully incorporated• as a part of this Contract: 1. OUAN'111'Y: In consideration of the covenants and conditions herein contained, Applicant shall be entitled to receive and apply to beneficial use 0.033 cubic feet of water per second from the District's direct flow rights and 1.0 acre feet per year of storage or other augmentation water owned or controlled by the District. Applicant shall restrict actual diversions and consumptive use under this Contract to these amounts. The Contract amount is based on the water requirements table attached hereto as Exhibit B. Any increase or change in the water requirements to be served by the District will require an amendment to the subject Contract. 2. SOURCE OF ALLOTTED WATER: Water rights allotted pursuant to this Contract shall be from the District's water rights decreed to the Basalt Conduit, Landis Canal, Stockman's Ditch Extension, Troy and Edith Ditch, Robinson Ditch, or other water rights hereafter acquired by the District, including the District's right to receive storage water from Ruedi Reservoir and Green Mountain Reservoir. The District shall have the right to designate the water right or Decree of the District from which the Applicant's allotted rights shall be obtained. The Applicant's use of any of the District's water rights shall be subject to any and all terms and conditions imposed by the Water Court on the use of the District's said rights. Exchange or augmentation releases made from the District's storage rights in Ruedi or Green Mountain Reservoirs or other works and facilities of the District shall be delivered to the Applicant at the outlet works of said storage facility and release of water at such outlet works shall constitute full performance of the District's delivery obligation. Delivery of water from the District's storage rights in Ruedi or Green Mountain Reservoir shall be subject to the District's lease contract with the United States Bureau of Reclamation and any rules and regulations promulgated pursuant thereto. Releases from other facilities available to the District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures 2015-9.8 Contract No. 662.doc 1 that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement is not impaired by said action. 3. At Applicant's request, this water allotment contract supply and applicant's structure(s) benefited hereunder have been included in the District's umbrella plan for augmentation decreed in Case No. 02CW77 ("Umbrella Plan"). Applicant agrees to pay $1,200.00 for inclusion in the Umbrella Plan contemporaneously with acceptance of this Order, unless otherwise agreed in writing by the parties, which amount is based on and limited to the type(s) and amount of water use made by Applicant as detailed in Exhibit B to this Water Allotment Contract. 4. PURPOSE AND LOCATION OF USE: Applicant will use the water rights allotted pursuant to this Contract for beneficial purposes by diversion at Applicant's point of diversion under the District's direct flow water rights and/or for use by augmentation or exchange. Applicant will use the water allotted by the District within or through facilities or upon lands owned, operated, or served by Applicant, which lands are described on Exhibit A attached hereto; provided that the location and purpose of Applicant's use of said water shall be legally recognized and permitted by the applicable governmental authority having jurisdiction over the property served. Applicant's contemplated usage for the water allotted hereunder is for the following use or uses: X Domestic/Municipal Industrial Commercial Agricultural Other It is acknowledged that certain locations within the District may not be susceptible to service solely by the District's water rights allotted hereunder or the District's said water rights may not satisfy Applicant's needs and purposes. To the extent that service cannot be achieved by use of the District's allotted water rights, or in the event said service is inadequate, Applicant may utilize such other water rights, by way of supplementing the District's water rights, or otherwise, as is necessary to assure water service sufficiently reliable for Applicant's intended purpose or purposes. All lands, facilities and areas served by water rights allotted hereunder shall be situated within the boundaries of the District. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right and neither the District, nor those entitled to utilize the District's decrees, may call on any 2015-94 Contract No. 662doc 2 greater amount at new or alternate points of diversion. The District shall request the Colorado State Engineer to estimate any conveyance losses between the original point and any alternate point and such estimate shall be deducted from this amount in each case. The District, or anyone using the District's decrees, may call on any additional sources of supply that may be available at an alternate point of diversion, but not at the original point of diversion, only as against water rights which are junior to the date of application for the alternate point of diversion. In the event the Applicant intends to institute any legal proceedings for the approval of an augmentation plan and/or any change to an alternate point of diversion of the District's water right to allow the Applicant to utilize the water allotted hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates an alternate point of diversion and/or an augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to bear or defray any legal or engineering expense of the District incurred by the District for the purpose of developing and adjudicating a plan of augmentation for the District. In any event, the District shall have the right to approve the Applicant's application for change of water right, and/or augmentation plan or other water supply plan involving the District's rights, and the Applicant shall provide the District copies of such application and of all pleadings and other papers filed with the Water Court in the adjudication thereof. The District reserves the exdusive right to review and approve any conditions which may be attached to judicial approval of Applicant's use of the District's water rights allotted hereunder. Applicant agrees to defray any out-of-pocket expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any further water rights adjudication necessary to allow Applicant's use of such allotted water rights; provided, however, in the event any such adjudication involves more of the District's water rights than are allotted pursuant to this Contract, Applicant shall bear only a pro rata portion of such expenses. Applicant shall be solely responsible for providing the structures, works and facilities, if any, necessary to utilise the District's water rights allotted hereunder for Applicant's beneficial use. 5. PAYMENT: Applicant shall pay annually for the water service described herein at a price to be fixed annually by the Board of Directors of the District for such service. Payment of the annual fee shall be made, in full, within fifteen (15) days after the date of a notice from the District that the payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the payment shall apply and the price which is applicable to that year. If a payment is not made by the due date, a late fee of $50 (or such other amount as the Board may set from time to time) will be assessed and final written notice of the delinquent account and late fee assessment will be 2015-9-8 Contract No. 662doc 3 sent by the District to the Applicant at Applicant's address set forth below. If payment is not made within thirty (30) days after said final written notice, the District may, at its option, elect to terminate all of the Applicant's right, title, or interest under this Contract, in which event the water right allotted hereunder may be transferred, leased or otherwise disposed of by the District at the discretion of its Board of Directors. In the event water deliveries hereunder are made by or pursuant to agreement with some other person, corporation, quasi -municipal entity, or governmental entity, and in the event the Applicant fails to make payments as required hereunder, the District may, at its sole option and request, authorize said person or entity to curtail the Applicant's water service pursuant to this Contract, and in such event neither the District nor such persons or entity shall be liable for such curtailment. 6. APPROPRIATION OF FUNDS: The Applicant agrees that so long as this Contract is valid and in force, Applicant will budget and appropriate from such sources of revenues as may be legally available to the Applicant the funds necessary to make the annual payments in advance of water delivery pursuant to this Contract. The Applicant will hold harmless the District and any person or entity involved in the delivery of water pursuant to this Contract, for discontinuance in service due to the failure of Applicant to maintain the payments herein required on a current basis. 7. BENEFIT OF CONTRACT: The water right allotted hereunder shall be beneficially used for the purposes and in the manner specified herein and this Contract is for the exclusive benefit of the Applicant and shall not inure to the benefit of any successor, assign, or lessee of said Applicant without the prior written approval of the Board of Directors of the District. Upon the sale of the real property to which this Contract pertains, Applicant has a duty to make the buyer aware of this Contract and the need to assign the Contract to the buyer. However, prior written approval of the Board of Directors of the District is required before the assignment is effective. Payment of an assignment fee in an amount determined by the Board shall be required as a prerequisite to approval of the assignment. In the event the water right allotted hereunder is to be used for the benefit of land which is now or will hereafter be subdivided or otherwise held or owned in separate ownership interest, the Applicant may assign the Applicant's rights hereunder only to a homeowners association, water district, water and sanitation district or other special district, or other entity properly organized and existing under and by virtue of the laws of the State of Colorado, and then only if such association, entity or special district establishes to the satisfaction of the Basalt Water Conservancy District that it has the ability and authority to assure its performance of the Applicant's obligations under this Contract. In 2015-9-8 Contract No. 662doc 4 no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this Contract have any rights hereunder, except as such rights may exist through a homeowners association or special district as above provided. Any assignment of the Applicant's rights under this Contract shall be subject to and must comply with such requirements as the District has adopted or may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors, provided that such requirements shall uniformly apply to all allottees receiving District service. The restrictions on assignment as herein contained shall not preclude the District from holding the Applicant, or any successor to the Applicant, responsible for the performance of all or any part of the Applicant's covenants and agreements herein contained. 8. OTHER RULES: Applicant's rights under this Contract shall be subject to the Water Service Plan as adopted by the District and amended from time to time; provided that such Water Service Plan shall apply uniformly throughout the District among water users receiving the same service from the District. Applicant shall also be bound by all applicable law, including, for example, the provisions of the Water Conservancy Act of the State of Colorado, the Rules and Regulations of the Board of Directors of the District, the plumbing advisory, water conservation, and staged curtailment regulations, if any, applicable within the County in which the water allotted hereunder is to be used, together with all amendments of and supplements to any of the foregoing. 9. CURTAILMENT OF USE: The water service provided hereunder is expressly subject to the provisions of that certain Stipulation in Case No. 81CW253 on file in the District Court in Water Division 5 of the State of Colorado, which Stipulation provides, in part, for the possible curtailment of out -of -house municipal and domestic water demands upon the occurrence of certain events and upon the District giving notice of such curtailment, all as more fully set forth in said Stipulation. 10. OPERATION AND MAINTENANCE AGREEMENT: Applicant shall enter into an "Operation and Maintenance Agreement" with the District if and when the Board of Directors finds and determines that such an agreement is required by reason of additional or special services requested by the Applicant and provided by the District or by reason of the delivery or use of water by the Applicant for more than one of the classes of service which are defined in the Rules and Regulations of the Board of Directors of said District. Said agreement may contain, but not be limited to, provision for water delivery at times or by means not provided within the terms of standard allotment contracts of the District and additional annual monetary consideration for extension of District services and for additional administration, operation and maintenance costs, or for other costs to the District which may arise through services made available to the Applicant. 2015-9-8 Contract No. 662.doc - 5 11. CHANGE OF USE: The District reserves the exclusive right to review and approve or disapprove any proposed change in use of the water right allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 12. PRIOR RESOLUTION: The water service provided hereunder is expressly subject to that certain Resolution passed by the Board of Directors of the District on September 25, 1979, and all amendments thereto, as the same exists upon the date of this application and allotment Contract. 13. NO FEE 1'I'I'LE: It is understood and agreed that nothing herein shall give the Applicant any equitable or legal fee title interest or ownership in or to any of the water or water rights of the District, but that Applicant is entitled to the right to use the water right allotted hereunder, subject to the limitations, obligations and conditions of this Contract. 14. COMPLIANCE WITH SECTION 404 OF THE CLEAN WATER ACT. Applicant shall comply with Section 404 of the Clean Water Act and consult with the Army Corps of Engineers to complete arty Section 404 compliance that may be required as a result of the construction of any facilities necessary to use contract water. 15. CONSERVATION PRAC IICES: Applicant shall implement and use commonly accepted conservation practices with respect to the water and water rights allotted hereunder and shall be bound by any conservation plan hereafter adopted by the District, as the same may be amended from time to time. 16. WELL PERMIT: If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well permit before the District is obligated to deliver any water hereunder, and it is the Applicant's continuous duty to maintain a valid well permit. Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Applicant must comply with the well -spacing requirements set forth in C.R.S. §37-90-137, as amended, if applicable. Compliance with said statutory well -spacing criteria shall be an express condition of the extension of service hereunder, and the District shall in no way be liable for an Applicant's failure to comply. Applicant agrees to mark the well in a conspicuous place with the permit number. 17. MEASURING DEVICE OR METER: Applicant agrees to provide, at its own expense, a totalising flow meter with remote readout to continuously and accurately measure at all times all water diverted pursuant to the terms of Applicant's water right and 2015-9-8 Contract No. 662.doc 6 the terms of this Contract. On or before November 15 of each year, Applicant will provide accurate readings from such device or meter (recorded on a monthly basis for the period November 1 through October 30 of each year) to District, the Division Engineer and Water Commissioner. Applicant acknowledges that failure to comply with this paragraph could result in legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. By signing this Contract, Applicant hereby specifically allows District, through its authorized agent, to enter upon Applicant's property during ordinary business hours for the purposes of determining Applicant's actual use of water. 18. CONTRACT TERMINATION: A. Termination by District: 1. The District may terminate this Contract for any violation or breach of the terms of this Contract by Applicant, or Applicant's breach of any other contract with the District. 2. The District may terminate this Contract if, in its discretion, any judicial or administrative proceedings initiated by Applicant threaten the District's authority to contract for delivery or use of the District's water rights, or threaten the District's permits, water rights, or other interests of the District. B. Termination by Applicant: 1. Applicant may terminate this Contract in its entirety for any reason by notifying the District in writing of the termination on or before April 1. Notice by said date will prevent the Applicant's liability for the next annual contract charge. 19. RECORDING OF MEMORANDUM: In lieu of recording this Water Allotment Contract, a Memorandum of Water Allotment Contract will be recorded with the Garfield County Clerk and Recorder's Office. The costs of recording the Memorandum shall be paid by Applicant. 2015-9-8 Contract No. 662d« Applicant's Address: 0060 Flying Fish Road Carbondale, CO 81623 Telephone No.: P7o V/57 STATE OF COLORADO ) COUNTY OF GARFIELD ) ss. Wayne Vagneur -777 Lois M. Vagneur Subscribed and sworn to before me this / day of by Wayne Vagneur and Lois M. Vagneur. WITNESS my hand and official eal. My commission expires: 6/�' 2015-9-8 Contract No. 662.doc , 2015, 8 Notary Public EXHIBIT A Vagneur Minor Subdivision A parcel of land situated in Lots 9, 17 and 18 in Section 32, Township 7 South, Range 87 West of the 6th P.M. lying southerly of the southerly right of way line of State Highway No. 82 and northerly of the southerly line of said Lot 17, said parcel of land is described as follows. Beginning at a point on the southerly right of way line of said Highway No. 82 whence the southeast corner of Section 33 in said Township and Range bears S. 65° 46' 27" E. 6673.89 feet; thence S. 17° 47' 00" W. 68.52 feet; thence S. 54° 57' 00" E. 275.40 feet; thence S. 61° 53' 00" E. 141.97 feet; thence S. 01° 17' 00" W. 1196.30 feet to a point on the southerly line of said Lot 17; thence S.89° 59' 15" W. 693.89 feet along the southerly line of said Lot 17; thence N. 01° 17' 00" E. 1601.06 feet to a point on the southerly right of way line of said Highway; thence S. 72° 16' 23" E. 128.37 feet along the southerly right of way line of said Highway; thence S. 72° 07' 00" E. 244.626 feet along the southerly right of way line of said highway to the point of beginning. Containing 22.655 acres, more or Tess. U 1- a m >- z w > w K w=J 0U2 U CC CC nc wF 33 F - Q m 0) �tl O N02 D. VD C 0 O 0 0 3 0 a 0 cc ¢ 0 3 0 0 0 Maximum Demand: 0) 0 0 0. d 0 15 a 13= 222z222Z22z 2i m 3 j 5 toC cs 0 a m ji N A •-1! I00 • 8 m O P. P. P. CO 0 CD D m f 49 ii 0+ PO tl A f 0 R O el r P. 2 00 r 0 r 0 0 0 0 0 0 0 0 0 0 0 a 02 �f ! O (1) (8) (9) (10) (11) '(12) Domestic Commercial Lawn Crop In-house or Other Irrigation Irrigation Livestock TOTAL CO to 0f T A 0f Co f @ tD O 0p008 N007TNe00 0 0 0 0 N 0 0 0 0 0 0 0 0 0 0 0 0 m P 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 co o o o 0 0 0 dada O 0 O 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 OO o o 0 o 0 0 0 0 0 o C 0 0 0 0 O O 0 :t O tp O O 1. N O A g O as o `5ct oan 000c000acS000 tQ 0 oo00000000000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 03 1.- 0 Pm 02 1,- 0 C. OD 0 0 0 0 0 0 0 0 0 0 0 0' 0 0 0 0 0 o d o 0 0 0 0 o 0 a C S m F (1) (2) (3) (4) (5) (6) Domestic Commercial Lawn Crop In-house or Other Irrigation Irrigation Uvestock TOTAL 10 10 - 10 A 10 10 10 10a' 0 0 O r 1 ed - 0 0 0 cocrioc000cco Zg r oo`b'o0ig 000o0So 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ooa000000 Qioaocu 0 0 o 0 o 0 0 0 0 0 0 0 0 o C] 00 <a tD CO 0 0q000 0 S O O p 0 pS eO-NN�.O-8CS O C o 0 06 0 0 O C O 0 6 e. O 11 cR 0 a g S o g o 0 0 0 0 0000066 cc cc 000 0 o d e b f O f 0 N R b Y 10 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10 b O Month m m m m0 a t mD t -g 2 .5 {p 09 ® m C_ 0= 7 m ts O u -$e+-2a�"Qmgzta TOTALS —> O Mr C 0 r O 0 m % CU for Domestic/Commercial V) w z a 0) cc 3a wo w • c CC m Q 2 0 0 • �l ik 0 ma O coo O O ITT Commercial/Other Demand (at) N Elevation (feel) O 0 J C m rt 10 m v c • 0 m g 10 MEMORANDUM OF WATER ALLOTMENT CONTRACT STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD KNOW ALL MEN BY THESE PRESENTS: That, on the 8t'' day of September, 2015, Water Allotment Contract No. 662 was entered into between the Basalt Water Conservancy District (the "District") and Wayne Vagneur and Lois M. Vagneur ("Owner"), the owner(s) of the real property described on Exhibit A ('Property") whereby the District granted the Owner the right to beneficially use water or water rights owned, leased. or hereafter acquired by the District on such real property located in the County of Garfield, State of Colorado ("Contract"). The Contract is subject to various conditions and obligations, including an annual fee to the District, and which may also include well permit requirements of the Colorado Division of Water Resources and Water Court approval of an augmentation plan or substitute supply plan. Assignment of the Contract to subsequent owners of the Property requires the District's consent and Applicant's payment of an assignment fee. Inquiries may be directed to: Basalt Water Conservancy District, c/o Christopher L. Geiger, Balcomb Green, P.C., P.O. Drawer 790, Glenwood Springs. Colorado 81602; Telephone: (970) 945-6546; Fax: (970) 945- 8902. This Memorandum is subject to the terms and provisions of the Contract which are incorporated herein by this reference. Upon recording. this Memorandum shall constitute notice to bona fide purchasers of the Contract affecting the above-described property. OW ' Y Date: moi 7 47,74iC� Wayne Vagneur Date: `/` Lois M. Vagneur ACKNOWLEDGEMENT STATE OF COLORADO ) ) SS. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this A day o Wayne Vagneur and Lois M. Vagneur. WITNESS my hand and officiseat. My commission expires: 4-/a, CATHY C QUEEN 2015-. 3 Memorandum oN TARtY.NiNg!t� STATE OF COLORA O NOTARY ID # 199540 s492,3 1 MY COMMISSION EXPIRES JUNE Oa. 2018 -1- �rt�< ges Notar1Public a 1e,c___-) . 2015, by After recording. please return t': Basalt Water Conservanc-y District c/o Balcomb & Green, P.C. B DATE ISSUED£ 10-08-2015 By DATE 10-08-2016 , Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 LIC WELL PERMIT NUMBER 79381 - F DIV. 5 WD 38 DES. BASIN MD Lot: WAYNE & LOIS VAGNEUR C/O ZANCANELLA & ASSOCIATES 1011 GRAND AVE GLENWOOD SPRINGS, CO 81601- (970) 945-5700 PERMIT TO CONSTRUCT A WELL 3 Block: Filing: Subdiv VAGNEUR APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 SE 1/4 Section 32 Township 7 S Range 87 W Sixth P.M. DISTANCES FROM SECTION LINES 2350 Ft_ from South 340 Ft. from East Section Line 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) on the condition that this well is operated as an alternate point of diversion to the Basalt Conduit (if applicable per decree) and in accordance with one or more of the augmentation plans approved by the Div. 5 Water Court for the Basalt Water Conservancy District in Case Nos. 87CW0155, 93CW0319, 98CW0026/98CW0089, 01CW0305, & 02CW0077 (and Case No. 10CW0047 if in Area A-3 as described in decree), or operating pursuant to an approved substitute water supply plan. If this well is not operated in accordance with the terms of said decree(s) or SWSP, it will be subject to administration including orders to cease diverting water. BWCD contract #662. 4) The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling and the irrigation of not more than 0.37 acre (16,117 square feet) of home gardens and lawns. 5) The pumping rate of this well shall not exceed 15 GPM. 6) The annual withdrawal of ground water from this well shall not exceed 1.548 acre-feet. 7) The return flow from the use of this well must be through either a central treatment system, a septic tank and leach field system, or an evaporative system, whichever does not exceed the amount specified in the Basalt contract. 8) 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. 9) This well shall be constructed not more than 200 feet from the location specified on this permit. 10) 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 least annually) and submitted to the Division Engineer upon request. NOTE: This well is to be located on a proposed residential site of 6.46 acre(s) described as lot 3, Vagneur Subdivision, Garfield County APPROVED JSG Receipt No. 3669631A State ORDER GRANTING APPLICATION FOR ALLOTMENT CONTRACT WAYNE VAGNEUR AND LOIS M. VAGNEUR CON TRACT NO. 661 Application having been made by or on behalf of WAYNE VAGNEUR and LOIS M. VAGNEUR and hearing on said Application having been duly held, it is hereby ordered that said Application be granted and that the attached Water Allotment Contract for 0.033 cubic feet of water per second from the District's direct flow rights and 1.0 acre feet per year of storage/augmentation water owned or controlled by the District is hereby approved and executed by and on behalf of the Basalt Water Conservancy District, for the beneficial use of the water allotted in the attached Contract, upon the terms, conditions and manner of payment as therein specified and subject to the following specific conditions: 1. The Applicant has acknowledged that the land to be benefited by the attached Contract is described on Exhibit A attached hereto and incorporated herein by this reference. 2. In the event of the division of the property served by this Contract into two or more parcels owned by different persons, the Applicant shall establish a Homeowners Association or other entity acceptable to the District for the ongoing payment of charges due under the approved Contract following subdivision of the property. The Applicant shall give notice to purchasers of all or any part of the subject property of the obligation of this Contract, and shall record such notice in the records of the Clerk and Recorder of Garfield County, Colorado. Applicant and his successors and assigns shall comply with all rules and regulations now existing or hereafter adopted by the District, including enforcing payment of charges due under the approved Contract by present and future owners of all or any part of the real property served under this Contract. 3. Any allotment of less than 1.0 acre foot of storage water in Paragraph 1 of the attached Contract shall be deemed 1.0 acre foot for purposes of establishing the annual water service charge for such water allotment. 4. Applicant has represented to the District that the proposed use of the land to be benefited by the water allotted hereunder has been approved by the applicable governmental authorities having jurisdiction over such land use and by executing the attached water allotment contract warrants to the District that the lot or parcel to be benefited hereunder is legally subdivided. 2015-9-8 Order to Contract No. 661.doc — 1 5. Any well permits issued on the basis of this Allotment Contract shall be applied for and issued in the name of the Applicant. 6. This Contract is conditioned upon and water may be delivered hereunder only in conformity with a water rights plan of augmentation decreed by the Water Court of Water Division No. 5. Any and all conditions imposed upon the release and diversion of the water allotted hereunder in the decree of said Water Court shall be incorporated herein as a condition of approval of this Contract. Granting of this Allotment Contract does not constitute the District's representation that the Applicant will receive a well permit or water rights decree for the land to be benefited hereby. 7. If Applicant intends to divert water through a well or wells, Applicant shall provide the District a copy of Applicant's valid well permit for each such well before the District is obligated to deliver water for the benefit of Applicant hereunder. Applicant must comply with the well -spacing requirements set forth in C.R.S. §37-90-137, as amended, if applicable. Compliance with said statutory well -spacing criteria shall be an express condition of the extension of service hereunder, and the District shall in no way be liable for an Applicant's failure to comply. Approved this IA day of September, 2015. Attest: By: Scott Leie, Secretary to the Meeting 2015-9-8 Order to Contract No. 661.doc BASALT WATER CONSERVANCY DISTRICT By: 4tt'L 2 liktudiwer,(Etuticimak Arthur Bowles, Vice President EXHIBIT A Vagneur Minor Subdivision A parcel of land situated in Lots 9, 17 and 18 in Section 32, Township 7 South, Range 87 West of the 6th P.M. lying southerly of the southerly right of way line of State Highway No. 82 and northerly of the southerly line of said Lot 17, said parcel of land is described as follows: Beginning at a point on the southerly right of way line of said Highway No. 82 whence the southeast comer of Section 33 in said Township and Range bears S. 65° 46' 27" E. 6673.89 feet thence S. 17° 47' 00" W. 68.52 feet; thence S. 54° 57' 00" E. 275.40 feet; thence S. 61° 53' 00" E. 141.97 feet; thence S. 01° 17' 00" W. 1196.30 feet to a point on the southerly line of said Lot 17; thence S.89° 59' 15" W. 693.89 feet along the southerly line of said Lot 17; thence N. 01° 17' 00" E. 1601.06 feet to a point on the southerly right of way line of said Highway; thence S. 72° 16' 23" E. 128.37 feet along the southerly right of way line of said Highway; thence S. 72° 07' 00" E. 244.626 feet along the southerly right of way line of said highway to the point of beginning. Containing 22.655 acres, more or less. BASALT WATER CONSERVANCY DISTRICT WATER REQUIREMENTS ul sri Tr a 1C1 N co 3 m tt1 a To C F.? ca m y U 0 a rn E E 0 0. a 0 (13) Source of Aug/Replace^ z z z z z 2 z z z z z 2 CD C9 C7 C7 C7 CD 0 C7 C7 CD CD CD Consumptive Use 1:3 c d 0 ,- „„ v00000i v 0 a 0 0 0 0 01 O N h N O1 A .- g-.-oaa o 0 0 0 0 o OOOO0 0 W w 0 (7) (8) (9) (10) (11) *(12) Domestic Commercial Lawn Crop In-house or Other Irrigation Irrigation Livestock TOTAL 61 c! 0 C n V' 61 P1 7 Q CO C1 oaac7C4orn rCV.r0o O O O N O O P 0 0 0 0 0 0 0 0 0 0 0 0 O7 v C1 O 0 0 0 0 0 0 0 a a a a a Q O O O O Q O O 0 0 a 0 O 0 6 6 0 0 6 0 0 0 0 0 0.000 0 0 0 0 0 0 o Q o a o O O a co a 0 0 a 0 0 0 0 CO 0 0 0 0 O a a a o 0 0 0 0 0 0 0 0 0 0 0 0 0 6 0 Q 0 0 O pOp p Op p Qp R f` co M O c) N O O O O 0 0 C h N v 0 0 Q a 0 0 0 0 0 0 0 0 0 0 0 0 CTs 1Q� a$aooaa0000a CP 0 0 0 0 0 0 D O O C 0 0 0 0 6 0 6 0 0 0 0 0 6 $ 0 O concanme'.CCOrwN CO 0 o O o o 0 0 0 0 0 0 0 o O 0 O 0 0 0 0 0 0 0 0 0 Ci C 0 6 0 0 0 C 6 0 0 a1 0 0 lac C E 0 15 (1) (2) (3) (4) (5) (6) Domestic Commercial Lawn Crop In-house or Other Irrigation Irrigation Livestock TOTAL ON co ao Tr O s0 CO r O 00 O o CO 0 .r 0 0 N h. CON COn O O O O 1- N N N T a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 r O 0 0 C C C 0 0 0 0 0 0 CD CD ogo'oc�i' O 0 O C 0 0 0 0 OO O 0000 pO OO ER ER pp ER p O O 0 a a a R ER ER ER 0 a 0 a a C C O O o 0 0 o 0 0 0 0 0 ER O 0 r'boCac7CD ClC4r-CV 0 0T1.aC3 0 0 a a N N CD a 0 6 0 0 6 6 0 0 0 0 0 C 0 O 0 0 0 0 0 0 0 0 0 0 0 0 00000000000 0 6 0 6 0 0 0 Ci 6 0 0 0 0.000 (0 (0 0m.Cm0w0 00 0 00 000og0 0 0 6 0 0 0 0 0 0 6 0 0 0 23 0 Month d y., y d ig t''t(0 E 81 D a 0 .0 •C > C >. C1 a U O W �ti'2¢i'�-)¢v1Oz0 TOTALS —> Q Proposed Well w/ Individual Glover EXHIBIT B BASALT WATER CONSERVANCY DISTRICT P.O. Box 974 Glenwood Springs CO, 81602 (970) 945-6777 www.bwcd.org Dear BWCD Contractee: The Basalt Water Conservancy District ("District") is pleased to inform you that it has obtained a final decree in Case Number 02CW77, District Court, Water Division 5, which approves the District's plan for augmentation of depletions associated with your BWCD water allotment contract. The Colorado Division of Water Resources required the District to obtain this decreed plan for augmentation to provide its contractees, including you, with a legal water supply. Had the District not obtained this decreed plan, you would be required to apply to the water court to obtain your own plan for augmentation in order to use your District water supply. The terms of your water allotment contract with the District require that you reimburse the District for its costs of obtaining this plan for augmentation. As a result of the number of contractees included within the decreed plan, however, your proportionate cost is significantly lower than what you would have paid if you had applied to the water court individually for approval of a plan for augmentation. The following information may be helpful to you in understanding the basis for this assessment. FREQUENTLY ASKED QUESTIONS DO I NEED A PLAN FOR AUGMENTATION? Yes, without one the State Engineer's office will likely curtail your water supply during times when senior downstream water rights are not fully satisfied. In Colorado, water rights are administered by the State Engineer on a "first in time, first in right" basis. During low flow periods, limited water supplies are allocated first to the individuals and municipalities who were the earliest to adjudicate their water rights, some dating back to the 1800s. If the water available in river systems is inadequate to fully supply all adjudicated rights, the State Engineer's office must require junior water right holders to curtail or stop diverting altogether so that the senior rights will receive their allocated share. The water rights associated with your property, and benefitted by your contract with the District, are junior rights that would likely be curtailed to satisfy senior calls. One way to avoid administration of your rights during a senior call is through a plan for augmentation. A plan for augmentation provides a way to add water to the stream system to replace the depletions associated with your junior water rights. Your augmentation water supply is the water allotted to you under your contract with the District. Water court approval is required, however, in order for you to permanently utilize this supply. You could have either obtained a court -approved plan for augmentation on your own or participated in this plan adjudicated by the District. As explained below, it is more cost effective to participate in the Basalt Water Conservancy District Case No. 02CW77 Plan Reimbursement Memo District's recently -completed plan for augmentation in Case Number 02CW77 than it would be to apply to the water court on your own. WHY HAVE I BEEN ABLE TO DIVERT WATER WITHOUT A PLAN FOR AUGMENTATION UNTIL NOW? When you obtained your water allotment contract and began using water under it, your legal water supply was protected by operation of a substitute supply plan that was operated by the District with approval from the Colorado Division of Water Resources. This substitute supply plan, which the District applied to renew each year with approval from the State Engineer, allowed the District to use water stored in Ruedi Reservoir and from other available sources to replace depletions from your water use when a senior water right call was placed on the river. These releases compensated the river system for your junior diversions and allowed you to continue to use water at times when your use otherwise would have been curtailed. By law, the State Engineer's approval of the District's substitute supply plan extended only as long as necessary for the District to obtain court approval of this plan for augmentation. Now that the District has received its decree for the plan for augmentation for your contract, the temporary water substitute supply plan is no longer in operation. WHAT IS THE BASIS FOR THE COST REIMBURSEMENT FOR THE PLAN FOR AUGMENTATION? The District incurred substantial legal and engineering expenses to obtain court approval for this plan for augmentation. However, because the decree allows the District to augment the depletions of several hundred contractees, including yours, the expenses will be shared proportionately by all of the included contractees. Your assessment here represents a fraction of the cost you likely would have incurred had you sought court approval for a water right plan for augmentation on your own. It is not uncommon for individuals to pay from $12,000 to $20,000 in engineering and attorney fees to obtain water court approval for a plan for augmentation. The much -lower cost being passed along to you is a result of the efficiencies associated with obtaining simultaneous approval of one plan for augmentation for many District contract holders. Your reimbursement obligation for the plan for augmentation is also dependent on the scale and type of service under your contract with the District. For example, larger residential developments that are included within the plan will pay a proportionately higher reimbursement charge than the owner of a single home included within the plan. REMINDER: FLOW METERS ARE REQUIRED FOR ALL WELLS Please remember that the State Engineer, as part of its approval of the District's plan for augmentation and by statute, requires that all active wells and other diversion structures be equipped with a flow measuring device (flow meters); diversions must be recorded monthly and reported annually for all active contracts. Failure to report your water use as required may be a Basalt Water Conservancy District Case No. 02CW77 Plan Reimbursement Memo violation of the Court's decree approving this plan for augmentation. Accordingly, failure to provide this information to the District is grounds for cancellation of your water allotment contract. Please record your water use on a monthly basis on the form you are sent each October (most recently, October 2015). If you no longer have this form, please contact Melody Morris at Resource Engineering to request a replacement form; the contact information for Ms. Morris' is provided below. The flow meters on active wells and diversion structures should read each month and recorded on this form; the completed form should be submitted to the District each year by November 10th. Please do not send your flow meter reporting form with your payment unless your well or diversion structure is inactive and will not be operated by October 31st of this year. If you do not have a flow meter on your well or diversion structure, please have one installed. Should you have any questions please do not hesitate to call or email either Eric Mangeot (ericm@resource-eng.com) or Melody Morris (melody@resource-eng.com) at Resource Engineering, Inc., (970) 945-6777. Regards, Eric Mangeot, P.E., District Engineer Resource Engineering, Inc. BASALT WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT NO. 661 Pursuant to C.R.S. § 37-45-131 WAYNE VAGNEUR and LOIS M. VAGNEUR (collectively hereinafter "Applicant") has applied to the Basalt Water Conservancy District (hereinafter the "District") a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of Section 37-45-101, Colorado Revised Statutes, et seq., for an allotment contract for beneficial use of water rights owned, leased, or hereafter acquired by the District ("Contract"). By execution of this Contract, Applicant agrees to the following terms and conditions and those certain terms and conditions set forth in the attached Order, which is fully incorporated as a part of this Contract: 1. QUANTITY: In consideration of the covenants and conditions herein contained, Applicant shall be entitled to receive and apply to beneficial use 0.033 cubic feet of water per second from the District's direct flow rights and 1.0 acre feet per year of storage or other augmentation water owned or controlled by the District. Applicant shall restrict actual diversions and consumptive use under this Contract to these amounts. The Contract amount is based on the water requirements table attached hereto as Exhibit B. Any increase or change in the water requirements to be served by the District will require an amendment to the subject Contract. 2. SOURCE OF ALLOTTED WATER: Water rights allotted pursuant to this Contract shall be from the District's water rights decreed to the Basalt Conduit, Landis Canal, Stockman's Ditch Extension, Troy and Edith Ditch, Robinson Ditch, or other water rights hereafter acquired by the District, including the District's right to receive storage water from Ruedi Reservoir and Green Mountain Reservoir. The District shall have the right to designate the water right or Decree of the District from which the Applicant's allotted rights shall be obtained. The Applicant's use of any of the District's water rights shall be subject to any and all terms and conditions imposed by the Water Court on the use of the District's said rights. Exchange or augmentation releases made from the District's storage rights in Ruedi or Green Mountain Reservoirs or other works and facilities of the District shall be delivered to the Applicant at the outlet works of said storage facility and release of water at such outlet works shall constitute full performance of the District's delivery obligation. Delivery of water from the District's storage rights in Ruedi or Green Mountain Reservoir shall be subject to the District's lease contract with the United States Bureau of Reclamation and any rules and regulations promulgated pursuant thereto. Releases from other facilities available to the District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures 2015-9-8 Contract No. 661.doc 1 that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement is not impaired by said action. 3. At Applicant's request, this water allotment contract supply and applicant's structure(s) benefited hereunder have been included in the District's umbrella plan for augmentation decreed in Case No. 02CW77 ("Umbrella Plan"). Applicant agrees to pay $1,200.00 for inclusion in the Umbrella Plan contemporaneously with acceptance of this Order, unless otherwise agreed in writing by the parties, which amount is based on and limited to the type(s) and amount of water use made by Applicant as detailed in Exhibit B to this Water Allotment Contract. 4. PURPOSE AND LOCATION OF USE: Applicant will use the water rights allotted pursuant to this Contract for beneficial purposes by diversion at Applicant's point of diversion under the District's direct flow water rights and/or for use by augmentation or exchange. Applicant will use the water allotted by the District within or through facilities or upon lands owned, operated, or served by Applicant, which lands are described on Exhibit A attached hereto; provided that the location and purpose of Applicant's use of said water shall be legally recognized and permitted by the applicable governmental authority having jurisdiction over the property served. Applicant's contemplated usage for the water allotted hereunder is for the following use or uses: X Domestic/Municipal Industrial Commercial Agricultural Other It is acknowledged that certain locations within the District may not be susceptible to service solely by the District's water rights allotted hereunder or the District's said water rights may not satisfy Applicant's needs and purposes. To the extent that service cannot be achieved by use of the District's allotted water rights, or in the event said service is inadequate, Applicant may utilize such other water rights, by way of supplementing the District's water rights, or otherwise, as is necessary to assure water service sufficiently reliable for Applicant's intended purpose or purposes. All lands, facilities and areas served by water rights allotted hereunder shall be situated within the boundaries of the District. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right and neither the District, nor those entitled to utilize the District's decrees, may call on any 2015-9-8 Contract No. 661.doc 2 greater amount at new or alternate points of diversion. The District shall request the Colorado State Engineer to estimate any conveyance losses between the original point and any alternate point and such estimate shall be deducted from this amount in each case. The District, or anyone using the District's decrees, may call on any additional sources of supply that may be available at an alternate point of diversion, but not at the original point of diversion, only as against water rights which are junior to the date of application for the alternate point of diversion. In the event the Applicant intends to institute any legal proceedings for the approval of an augmentation plan and/or any change to an alternate point of diversion of the District's water right to allow the Applicant to utilize the water allotted hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates an alternate point of diversion and/or an augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to bear or defray any legal or engineering expense of the District incurred by the District for the purpose of developing and adjudicating a plan of augmentation for the District. In any event, the District shall have the right to approve the Applicant's application for change of water right, and/or augmentation plan or other water supply plan involving the District's rights, and the Applicant shall provide the District copies of such application and of all pleadings and other papers filed with the Water Court in the adjudication thereof. The District reserves the exclusive right to review and approve any conditions which may be attached to judicial approval of Applicant's use of the District's water rights allotted hereunder. Applicant agrees to defray any out-of-pocket expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any further water rights adjudication necessary to allow Applicant's use of such allotted water rights; provided, however, in the event any such adjudication involves more of the District's water rights than are allotted pursuant to this Contract, Applicant shall bear only a pro rata portion of such expenses. Applicant shall be solely responsible for providing the structures, works and facilities, if any, necessary to utilize the District's water rights allotted hereunder for Applicant's beneficial use. 5. PAYMENT: Applicant shall pay annually for the water service described herein at a price to be fixed annually by the Board of Directors of the District for such service. Payment of the annual fee shall be made, in full, within fifteen (15) days after the date of a notice from the District that the payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the payment shall apply and the price which is applicable to that year. If a payment is not made by the due date, a late fee of $50 (or such other amount as the Board may set from time to time) will be assessed and final written notice of the delinquent account and late fee assessment will be 2015-9-8 Contract No. 661.doc 3 sent by the District to the Applicant at Applicant's address set forth below. If payment is not made within thirty (30) days after said final written notice, the District may, at its option, elect to terminate all of the Applicant's right, title, or interest under this Contract, in which event the water right allotted hereunder may be transferred, leased or otherwise disposed of by the District at the discretion of its Board of Directors. In the event water deliveries hereunder are made by or pursuant to agreement with some other person, corporation, quasi -municipal entity, or governmental entity, and in the event the Applicant fails to make payments as required hereunder, the District may, at its sole option and request, authorize said person or entity to curtail the Applicant's water service pursuant to this Contract, and in such event neither the District nor such persons or entity shall be liable for such curtailment. 6. APPROPRIATION OF FUNDS: The Applicant agrees that so long as this Contract is valid and in force, Applicant will budget and appropriate from such sources of revenues as may be legally available to the Applicant the funds necessary to make the annual payments in advance of water delivery pursuant to this Contract. The Applicant will hold harmless the District and any person or entity involved in the delivery of water pursuant to this Contract, for discontinuance in service due to the failure of Applicant to maintain the payments herein required on a current basis. 7. BENEFIT OF CONTRACT: The water right allotted hereunder shall be beneficially used for the purposes and in the manner specified herein and this Contract is for the exclusive benefit of the Applicant and shall not inure to the benefit of any successor, assign, or lessee of said Applicant without the prior written approval of the Board of Directors of the District. Upon the sale of the real property to which this Contract pertains, Applicant has a duty to make the buyer aware of this Contract and the need to assign the Contract to the buyer. However, prior written approval of the Board of Directors of the District is required before the assignment is effective. Payment of an assignment fee in an amount determined by the Board shall be required as a prerequisite to approval of the assignment. In the event the water right allotted hereunder is to be used for the benefit of land which is now or will hereafter be subdivided or otherwise held or owned in separate ownership interest, the Applicant may assign the Applicant's rights hereunder only toa homeowners association, water district, water and sanitation district or other special district, or other entity properly organized and existing under and by virtue of the laws of the State of Colorado, and then only if such association, entity or special district establishes to the satisfaction of the Basalt Water Conservancy District that it has the ability and authority to assure its performance of the Applicant's obligations under this Contract. In 2015-9-8 Contract No. 661.doc 4 no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this Contract have any rights hereunder, except as such rights may exist through a homeowners association or special district as above provided. Any assignment of the Applicant's rights under this Contract shall be subject to and must comply with such requirements as the District has adopted or may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors, provided that such requirements shall uniformly apply to all allottees receiving District service. The restrictions on assignment as herein contained shall not preclude the District from holding the Applicant, or any successor to the Applicant, responsible for the performance of all or any part of the Applicant's covenants and agreements herein contained. 8. OTHER RULES: Applicant's rights under this Contract shall be subject to the Water Service Plan as adopted by the District and amended from time to time; provided that such Water Service Plan shall apply uniformly throughout the District among water users receiving the same service from the District. Applicant shall also be bound by all applicable law, including, for example, the provisions of the Water Conservancy Act of the State of Colorado, the Rules and Regulations of the Board of Directors of the District, the plumbing advisory, water conservation, and staged curtailment regulations, if any, applicable within the County in which the water allotted hereunder is to be used, together with all amendments of and supplements to any of the foregoing. 9. CURTAILMENT OF USE: The water service provided hereunder is expressly subject to the provisions of that certain Stipulation in Case No. 81CW253 on file in the District Court in Water Division 5 of the State of Colorado, which Stipulation provides, in part, for the possible curtailment of out -of -house municipal and domestic water demands upon the occurrence of certain events and upon the District giving notice of such curtailment, all as more fully set forth in said Stipulation. 10. OPERATION AND MAINTENANCE AGREEMENT: Applicant shall enter into an "Operation and Maintenance Agreement" with the District if and when the Board of Directors finds and determines that such an agreement is required by reason of additional or special services requested by the Applicant and provided by the District or by reason of the delivery or use of water by the Applicant for more than one of the classes of service which are defined in the Rules and Regulations of the Board of Directors of said District. Said agreement may contain, but not be limited to, provision for water delivery at times or by means not provided within the terms of standard allotment contracts of the District and additional annual monetary consideration for extension of District services and for additional administration, operation and maintenance costs, or for other costs to the District which may arise through services made available to the Applicant. 2015-9-8 Contract No. 661.doc 5 11. CHANGE OF USE: The District reserves the exclusive right to review and approve or disapprove any proposed change in use of the water right allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 12. PRIOR RESOLUTION: The water service provided hereunder is expressly subject to that certain Resolution passed by the Board of Directors of the District on September 25, 1979, and all amendments thereto, as the same exists upon the date of this application and allotment Contract. 13. NO FEE TITLE: It is understood and agreed that nothing herein shall give the Applicant any equitable or legal fee title interest or ownership in or to any of the water or water rights of the District, but that Applicant is entitled to the right to use the water right allotted hereunder, subject to the limitations, obligations and conditions of this Contract. 14. COMPLIANCE WITH SECTION 404 OF THE CLEAN WATER ACT. Applicant shall comply with Section 404 of the Clean Water Act and consult with the Army Corps of Engineers to complete any Section 404 compliance that may be required as a result of the construction of any facilities necessary to use contract water. 15. CONSERVATION PRACTICES: Applicant shall implement and use commonly accepted conservation practices with respect to the water and water rights allotted hereunder and shall be bound by any conservation plan hereafter adopted by the District, as the same may be amended from time to time. 16. WELL PERMIT: If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well permit before the District is obligated to deliver any water hereunder, and it is the Applicant's continuous duty to maintain a valid well permit. Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Applicant must comply with the well -spacing requirements set forth in C.R.S. §37-90-137, as amended, if applicable. Compliance with said statutory well -spacing criteria shall be an express condition of the extension of service hereunder, and the District shall in no way be liable for an Applicant's failure to comply. Applicant agrees to mark the well in a conspicuous place with the permit number. 17. MEASURING DEVICE OR METER: Applicant agrees to provide, at its own expense, a totalizing flow meter with remote readout to continuously and accurately measure at all times all water diverted pursuant to the terms of Applicant's water right and 2015-9-8 Contract No. 661.doc 6 the terms of this Contract. On or before November 15 of each year, Applicant will provide accurate readings from such device or meter (recorded on a monthly basis for the period November 1 through October 30 of each year) to District, the Division Engineer and Water Commissioner. Applicant acknowledges that failure to comply with this paragraph could result in legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. By signing this Contract, Applicant hereby specifically allows District, through its authorized agent, to enter upon Applicant's property during ordinary business hours for the purposes of determining Applicant's actual use of water. 18. CONTRACT TERMINATION: A. Termination by District: 1. The District may terminate this Contract for any violation or breach of the terms of this Contract by Applicant, or Applicant's breach of any other contract with the District. 2. The District may terminate this Contract if, in its discretion, any judicial or administrative proceedings initiated by Applicant threaten the District's authority to contract for delivery or use of the District's water rights, or threaten the District's permits, water rights, or other interests of the District. B. Termination by Applicant: 1. Applicant may terminate this Contract in its entirety for any reason by notifying the District in writing of the termination on or before April 1. Notice by said date will prevent the Applicant's liability for the next annual contract charge. 19. RECORDING OF MEMORANDUM: In lieu of recording this Water Allotment Contract, a Memorandum of Water Allotment Contract will be recorded with the Garfield County Clerk and Recorder's Office. The costs of recording the Memorandum shall be paid by Applicant. 2015-9-8 Contract No. 661.doc 7 Applicant's Address: 0060 Flying Fish Road Carbondale, CO 81623 Telephone No.: %7� ��'' 9/5-7 STATE OF COLORADO ) COUNTY OF GARFIELD ) ss. AP _ ANT: Wayne Vagneur Lois M. Vagneur Subscribed and sworn to before me this c;2/ day of ,d7116-7at t , 2015, by Wayne Vagneur and Lois M. Vagneur. WITNESS my hand and official seal. My commission expires: //2i'/? CATHY C QUEEN NOTARY PUBLIC STATE OF COLORADO NOTARY ID # 19984014989 MY COMMISSION EXPIRES JUNE 01 2018 2015-9-8 Contract No. 661.doc 8 otary Public EXHIBIT A Vagneur Minor Subdivision A parcel of land situated in Lots 9, 17 and 18 in Section 32, Township 7 South, Range 87 West of the 6th P.M. lying southerly of the southerly right of way line of State Highway No. 82 and northerly of the southerly line of said Lot 17, said parcel of land is described as follows: Beginning at a point on the southerly right of way line of said Highway No. 82 whence the southeast corner of Section 33 in said Township and Range bears S. 65° 46' 27" E. 6673.89 feet; thence S. 17° 47' 00" W. 68.52 feet; thence S. 54° 57' 00" E. 275.40 feet; thence S. 61° 53' 00" E. 141.97 feet; thence S. 01° 17' 00" W. 1196.30 feet to a point on the southerly line of said Lot 17; thence S.89° 59' 15" W. 693.89 feet along the southerly line of said Lot 17; thence N. 01° 17' 00" E. 1601.06 feet to a point on the southerly right of way line of said Highway; thence S. 72° 16' 23" E. 128.37 feet along the southerly right of way line of said Highway; thence S. 72° 07' 00" E. 244.626 feet along the southerly right of way line of said highway to the point of beginning. Containing 22.655 acres, more or less. F U 1- H y 0 z U Z zw • 2 a, W et Ul Z O ow U CC ccCC W CU zw cC H J Q u; 4 LD o3 0 J G 0 N N O7 Q O 0 9 A 0 T Q R m Q 7.3 u 0 Source Series: Maximum Demand: LL 0 0 (13) Source of Aug/Replace_ zzzzzzzzzzzz 00000000 0 0 0 0 v c a) 0000.0 tom) T'- r' Ca a) ' Q 0 oN t. Nn m.- en el n< aa w cc) N n n n 0 0 0 0 0 r e• e• ems• 0 0 0 C1 C ci ci 6 0 6 0 0 0 0 0 00 r C7 O Consumptive Use (7) (8) (9) (10) (11) 112) Domestic Commercial Lawn Crop In-house or Other Irrigation Irrigation Livestock TOTAL 0 m Q Qh Q CD :72N v Q as 0 0o enOQ) C4� o a 00004- N O O O 0 0 0 6 0 6 0 6 6 0 6 0 O v Ca 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 6 0 0 6 6 6 6 0 CD O 0 0 0 0 0 0 0 0 0 0 0 p 0 0 0 0 0 6 0 0 0 0 0 0 O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O O O Opp pOp pOp V' t- Den 02 CD N O O 00000 rn •S O 000 o6 ci666006600 T SO 6 00000ID 8 2 8 88 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 6 0 O o 6 0 0 0.000 l 0 0 0 0 0 0 0 0 0 0 o o 0 6 0 0 0 0 0 0 0 6 0 0 0 6 6 6 6 6 6 6 6 6 6 6 m 0 6 Total Demand _ (1) (2) (3) (4) (5) (6) Domestic Commercial Lawn Crop Inhouse or Other Irrigation Irrigation Livestock TOTAL O b 0 m Nt O W CD — O co O 40 mi. CO t, 00 t- CO n O of Y 40 O O O O e- N N N r 0 0 0 O O O O O O O O O O O O 10 4 - CD O O 0 Q O O O O0 0 0 o o 0 o c 0 0 pp O O O O C OO `a'$o O O O O O O Ooo O ci O O 0.000 pO O ER ERER ERER ppO O D O O o 0 0 0 0 0 0 0 00000 06 ci0000 ER 0 6 0 0 0 0 7 N CD CD en 0 6 6 o cnN ear) r 6 80 O6 NCV a0 0 0 o O O O 6 O O O O 6 6 0 r - O 0 p0p 00p pp0 0 p0p 00p 6 p0p 0QQ p0 Q0Q D O O O D O O 0 0 O 8 0 O 0 0 0 0 O O O 0 0 0 0 Op O O o O O 10 O (0 0 O m O CO O 000000000000 O O O O O O O O O O o O CO O N L 0 0 m v+ Ea)" E E m .c 0 l4 ,-Ti, al � Q 0. 0 7 7© a) up al 2-l1LCtAA cc0dZ0 TOTALS —> >• a� o 25 O et R Q a • a) ▪ c *g W t Jn 3 .34 E `0 'O 7. LL Qdco 0 vs E 2 d 4o. N % CU for DomestadC An ma a w U 0 Ul c w m Z O 0 L. N N O E m ow 0 c m N Q • io D 0 m Z stat 0 nr 10 CD N O o 4 O O m 0 w 0 6 O Commercial/Other Demand (af) m v VI O O If) r U9 us ^ 0 o 0 in n EXHIBIT B MEMORANDUM OF WATER ALLOTMENT CONTRACT STATE OF COLORADO ) ss. COUNTY OF GARFIELD KNOW ALL MEN BY THESE PRESENTS: That, on the 8th day of September, 2015, Water Allotment Contract No. 661 was entered into between the Basalt Water Conservancy District (the "District") and Wayne Vagneur and Lois M. Vagneur ("Owner"), the owner(s) of the real property described on Exhibit A ("Property") whereby the District granted the Owner the right to beneficially use water or water rights owned, leased, or hereafter acquired by the District on such real property located in the County of Garfield, State of Colorado ("Contract"). The Contract is subject to various conditions and obligations, including an annual fee to the District, and which may also include well permit requirements of the Colorado Division of Water Resources and Water Court approval of an augmentation plan or substitute supply plan. Assignment of the Contract to subsequent owners of the Property requires the District's consent and Applicant's payment of an assignment fee. Inquiries may be directed to: Basalt Water Conservancy District, c/o Christopher L. Geiger, Balcomb & Green, P.C., P.O. Drawer 790, Glenwood Springs, Colorado 81602; Telephone: (970) 945-6546; Fax: (970) 945- 8902. This Memorandum is subject to the terms and provisions of the Contract which are incorporated herein by this reference. Upon recording, this Memorandum shall constitute notice to bona fide purchasers of the Contract affecting the above-described property. Date: Date: STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD Lois M. Vagneur ACKNOWLEDGEMENT The foregoing instrument was acknowledged before me this v2 / day of Wayne Vagneur and Lois M. Vagneur. WITNESS my hand and official seal. My commission expires: ‘-/ CATHY C QUEEN 2015-9-8 Memorar clum of Contract NF1.08Afad PUBLIC STATE OF COLORADO NOTARY ID # 19984014989 MY COMMISSION EXPIRES JUNE 01, 2018 -1- z-71-4E-1-,2015,by Nota>i' Public After recording, please return to: Basalt Water Conservancy District c/o Balcomb & Green, P.C. P.O. Drawer 790 Glenwood Springs, CO 81602 Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 LIC WELL PERMIT NUMBER 79394 -F DIV. 5 WD 38 DES. BASIN MD Lot: WAYNE & LOIS VAGNEUR C/O ZANCANELLA & ASSOCIATES 1011 GRAND AVE GLENWOOD SPRINGS, CO 81601- (970) 945-5700 PERMIT TO CONSTRUCT A WELL 1 Block: Filing: Subdiv: VAGNEUR APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 SE 1/4 Section 32 Township 7 S Range 87 W Sixth P.M. DISTANCES FROM SECTION LINES 2590 Ft. from South Section Line 945 Ft. from East 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 gran -Wet by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance,Rule 18. 3) Approved pursuant to CRS 37-90-137(2) on the condition that this well is operated as an altemate point of diversion to the Basalt Conduit (if applicable per decree) and in accordance with one or more of the augmentation plans approved by the Div. 5 Water Court for the Basalt Water Conservancy District in Case Nos, 87CW0155, 93CW0319, 98CW0026/98CW0089, 01CW0305, & 02CW0077 (and Case No. 10CW0047 if in Area A-3 as described in decree), or operating pursuant to. an approved substitute water supply plan. If this well is not operated in accordance with the terms of said decree(s) or SWSP, it will be subject to administration including orders to cease diverting water. BWCD contract #661. 4) The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling and the irrigation of not more than 0.37 acre (16,117 square feet) of home gardens and lawns. 5) The pumping rate of this well shall not exceed 15 GPM. 6) The annual withdrawal of ground water from this well shall not exceed 1.548 acre-feet. 7) The retum flow from the use of this well must be through either a central treatment system, a septic tank and leach field system, or an evaporative system, whichever does not exceed the amount specified in the Basalt contract. 8) 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. 9) This well shall be constructed not more than 200 feet from the location specified on this permit. 10) 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 least annually) and submitted to the Division Engineer upon request. NOTE: This well is to be located on a proposed residential site of 7.97 acre(s) described as lot 1, Vagneur Subdivision, Garfield County. p /o�ar/jf/ 7 APPROVED JSG ,Receipt No. 3669631B State Engineer DATE ISSUED 10-08-2015 By EXPIRATION DATE 10-08-2016 WAYNE SHELTON (970)927-4182 FAX (970) 927-3801 Shelton Drilring Corp. P.O. Box 1059 Basalt, Colorado 81621 SHELTON DRILLING PROPOSAL/GUARANTEE Customer's Name : Vagneur / Zancanella & Assoc. Address : P.O. Box 1908 City & State : Glenwood Springs, Co 81602 Permit : Location : Flying Fish Rd Phone # Shelton Drilling Corp. as the driller of this well guarantees their workmanship, materials, and quantity, quantity is determined by a valid pump test, for a period of one year of completion of the drilling. If within the one year period the well declines in production more than 50% Shelton Drilling Corp. will, if we deem necessary, deepen the well up to 50', at no charge to the customer, to reestablish its quoted production. We further guarantee the depth of the cased portion of the well to be at least as deep as the customer is charged for on our billing. Shelton Drilling Corp. cannot be held responsible for the quantity or quality of water obtained as this is a matter determined by nature. The customer is responsible for obtaining all permits necessary for the well, but we will be happy to assist you when possible. Customer is also fmancially responsible for site preparation and access to site. Our $5,500.00 minimum covers drilling and casing up to 50 feet (for a producing well). If drilling beyond 50 feet then the additional footage price is $45.00 per foot (5 '/2 "steel cased).and/or $32.00 per foot (pvc cased) These prices include all move in, drilling, casing, and materials used in drilling of the well. If the well fails to initially produce 2 gpm, the customer may call the well dry and will be charged $20.00 per foot (minimum dry hole charge is $3000 for the first 50 feet) and Shelton Drilling Corp. may remove any casing already installed in the hole. This price is for our standard well construction of 7" steel surface casing and 5" ID liner pipe. We will recognize these prices for up to 6 month of signing. All invoices due and payable within 30 days or a 1.5% monthly service charge will apply retroactive to invoice date. Any legal expenses incurred by Shelton Drilling Corp. in collecting its fees will be paid for by the customer. This guarantee is valid only if a Licensed Pump Installer is used to install the permanent pump system. �c ✓� fir° �'�°� Wayne Shelton 4/17/15 Customer's Name Date Shelton Drilling Corp. )"(4-1---'---- //,r3. /y', dr;HI nj 2d:// f`akp ;/ file. 806 F.,s5e5 tyG' &(-1e'2(Joie nY 411- the 9.-eurrd 1:-ree z-4 Garfield County Com munity Development Department. 108 8- Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.gartield-coutity.com TAX PARCEL NUMBER: 2391-324-00-015 PROJECT: Vagneur Minor Subdivision OWNER: Wayne and Lois Vagneur REPRESENTATIVE: PRACTICAL LOCATION: 60 Flying Fish Road TYPE OF APPLICATION: Amendment to a Minor Subdivision DATE: May 4, 2015 I. GENERAL PROJECT DESCRIPTION The Board of County Commissioners approved the a minor subdivision on the 21.01 -acre parcel located south of Hwy 82, west of the Eagle County/Garfield County line. Resolution 2015-12 (attached). The Applicant seeks to allow for a change in the provision of water to the Tots in the subdivision - the approval granted was for the subdivision to share a well with the related infrastructure improvements included as part of a Subdivision Improvements Agreement between the Board and the Applicant. Conditions of approval include: A. Condition 1. All representations of the applicant within the application and public hearing shall be considered conditions of approval unless otherwise modified by the Board of County Commissioners. B. Condition 4.b. Improvements Agreement, and associated collateral, as approved by the County Attorney's Office; C. Condition 4.d. A Well Sharing Agreement, as approved by the County Attorney's Office. The applicant had represented in the Water Supply Plan that the subdivision would be served by a single shared well and provided engineering plans regarding the infrastructure necessary to accomplish this improvement. Costs associated with the construction of improvements were included in the Improvements Agreement and associated collateral was required to be provided. Section 4-106, Amendment to an Approved Land Use Change Permit, of the 2013 Land Use and Development Code (LUDC) which defines a change to a condition of approval as a "Substantial Modification" requiring a public hearing before the Board of County Commissioners. The Applicant requests that the Improvements Agreement and Well -Sharing Agreement conditional requirement be deleted as the road improvements will be completed prior to plat signature and a well -sharing agreement will not be required due to the provision of individual wells for the three lots. Submittal information includes the application, fee, a revised Water Supply Plan including all well permits and well reports including a 4 -hour pump -test and water quality analysis (if applicant seeks to delay provision of pump test and quality analysis, provision of information related to the existing well may suffice for submittal — a condition of approval would require pump tests and quality analysis of each of the well prior to BOCC signature of the plat). A draft amended plat shall be provided to review the locations of the proposed wells as well as an amended draft Improvements Agreement. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Garfield County Land Use and Development Code, as amended (LUDC) - Sections: 4-101 Common Review Procedures 4-106 Amendments to an Approved Land Use Change Permit III. REVIEW PROCESS The process to accommodate these requests shall require an application to amend the existing Land Use Change Permit pursuant to the LUDC. A. Pre -application Conference; B. Application Submittal — three paper copies and one CD; C. Determination of technical completeness and scheduling public hearing; D. Provide applicant with public notice to be sent to the adjacent owners; E. Review of submittal materials; F. Public hearing; G. Recording of a resolution regarding Board decision. IV. PUBLIC HEARINGS AND NOTICE Public Hearing notices shall be posted, mailed and published pursuant to Section 4-101.E. X Board of County Commissioners Referral will be sent to the following agencies: D Reviewing Engineer > County Attorney • Division of Water Resources V. SUBMITTAL REQUIREMENTS A. General Application Materials: 1) Deed and title commitment; 2) Authorizations if owners will have a representative; 3) Project description; 4) Prior approvals (resolution 2015-12); 5) Application form and fee; 6) Agreement to Pay Form; 7) Names and mailing addresses of mineral owners of Vagneur property; 8) Names and Mailing addresses of owners within 200' of the Vagneur property; 9) Assessor map that delineates shows the above properties; 10) Copy of the Pre -application Conference Summary Form. B. Revised draft plat indicating location of wells within the proposed subdivision; C. A revised Water Supply Plan (Section 4-203 M.) consisting of all well permits and reports, including 4 -hour pump test and water quality analysis VI. APPLICATION REVIEW FEES This application will be subject to the following fees and deposit requirements: Planning Review Fees: $ 300.00 Plus additional Staff time at staff hourly rate of $40.50 Referral Agency Fees: $ Reviewing engineer at hourly rate Total Deposit: $--e8:8e General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre -a • • Iication Summa Pre • ared b May 4, 2015 Kathy Eastley, AICP Date