HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970. 945. 821 2 Facsi m i le : 97 0.384.347 0
www.oa rfield-countv.com
Exemption from the Definition of Subdivision
GENERAL INFORMATION
(To be completed by the applicant.)
D Street Address / General Location of Property:
) Legal Description of Parent Property: S D ll N E Vq S e; rtpu {a
Tnul<n,i P D souT* t?oarr;e Qra:esr oF THe- t^rtr 7A
Size of Property (in acres) as of January 1 , 1973: U, A€ ffi.i
Current Size of Property to be Subdivided (in acres): 11 o A € ft(.r
Number of Tracts / Lots Created lncluding remainder of Parent Property: +
Proposed size of Tracts / Lots to be Created lncluding remainder of Parent Property:
o Lot #: I containing L D? acres
o Lot #: A containing ,:i ; irt I
containing
containing
containing
F Property's Zone District:
Name of Property Owner (Applicant):
Address: 33Lq €. tr 313
trFLLr e D + ,t1,+6Be r-l e E TnLtrt*N
Telephone:ct'to* *Fta*,*,2 aa
City:A/€.r Cnff*a State:f*.,Zip Code: ['/d&7 FAX:
) Name of Owner's Representative. if anv (Planner. Attornev):
o Lot#:
o Lot#:
o Lot#:
acres
acres
acres
acres
) Address:Telephone:
D City:State: Zip Code:
STAFF USE ONLY
Date Submitted:
FAX:
TC Date:
BUILDING & PLANNING
t. APPLICATION SUBMITTAL REQUIREIV!ENTS
Asaminimum,anapptmtneDefinitionfromSubdivision(..Exemption,,)
shall specifically respond to all the fotlowing items below and attach any additional information to be
submitted with this aPPlication:
1. Provide a narrative explaining why exemption is being requested.
2. Sketch map at a minimum scale of 1"=2OO' showing the legal description of the property,
dimension, area, and legal description of all proposed lots or separate interests to be created,
access to a public right-of-way, and any proposed easements for drainage, irrigation, access or
utilities.
3. Vicinity map at a minimum scale of 1"=2000'showing the general topographic and geographic
relatioh of the proposed exemption to the surrounding area within two (2) miles, for which a
copy of U.S.G.S. quadrangle map may be used.
4. Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if
other than the applicant.
s. Names and addresses of owners of record of land immediately adjoining and within 200 feet of
the proposed exemption, mineral owners and lessees of mineral owners of record of the
property to be exempted, and tenants of any structure proposed for conversion.
6. Evidence of soil types and characteristics of each type located on the property'
l. Provide proof of legal and adequate source of domestic water for each lot created.
8. Method of sewage disposal.
g. provide a letter of approval of fire protection plan from the appropriate fire district in which the
subject property is located.
10. lf connection to a community or municipal water or sewer system is proposed, submit a letter
from the governing body stating a willingness to serve the property.
11. lt shall be demonstrated that the parcel existed as described on January 1,1973 or the parcel
as it exists presently is one of not more than three parcels created from a larger parcel, as it
existed on January 1, 1973.
12. A $300.00 Base Fee: Applicant shall sign the Agreement for Payment form and provide the fee
with the application.
13.Submit 2 copies of this completed application form and all the required submittal materials to
the Building and planning Department. Staff will request additional copies once the Exemption
application has been deemed technically complete.
II. EXEMPTION APPLICABILITY
Pursuant to section 8:50 of the Subdivision Regulations, the Board of County Commissioners
has the discretionary power to exempt a division of land from the definition of subdivision and,
thereby, from the procedure in these Regulations, provided the Board of County
Commlssioners determines that such exemption will not impair or defeat the stated purpose of
the Subdivision Regulations nor be detrimental to the general public welfare. The Board has
determined that leises, easements and other similar interests in Garfield County owned
property, land for oil and gas facilities, and an accessory dwelling unit or two family dwelling
inai are subject to leasehold interest only and complying with the requirements of the Garfield
County Zoning Resolution, are exempt from these regulations.
A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created from
any parcel, as that parcel was described in the records of the Garfield County Clerk and
Recorder's Office on January 1, 1973. ln order to qualify for exemption, the parcel as it
existed on January 1, 1973, must have been 35 acres or greater in size at the time and not
a part of a recorded subdivision; however, any parcel to be divided by exemption that is
split by a public right-of-way (State or Federal highway, County road or railroad),
preveniing joint use of the proposed tracts, and the division occurs along the public right-
of-way, sutf, parcels thereby created may, at the discretion of the Board, not be
considered to have been created by exemption with regard to the four (4) lot, parcel,
interest or dwelling unit limitation othenrrise applicable. For the purposes of definition, all
tracts of land 35 acres or greater in size, created after January 1,1973 will count as
parcels of land created by exemption since January 1, 1973.
B. All Garfield County zoning requirements will be met.
C. All lots created will have legal access to a public right-of-way and any necessary access
easements have been obtained or are in the process of being obtained.
D. Provision has been made for an adequate source of water in terms of the leqal and
phvsical qualitv. quantitv and dependabilitv, and a suitable type of sewage disposal to
serve each proposed lot. Proof of a legal supply shall be an approved substitute water
supply plan contract; augmentation plan; an approved well permit; legally adjudicated
domestic water source or a contract for a permanent legal supply of domestic water to be
hauled from an outside site for a cistern. Proof of the physical supply from a well for the
public meeting, may be documentation from the Division of Water Resources that
demonstrates that there are wells within a lo mile of the site producing at least five (5)
gallons/minute.
Prior to the signing of a plat, all physical water supplies using a well shall demonstrate the
following:
1) That a four (4) hour pump test be performed on the well to be used.
2) A well completion report demonstrating the depth of the well, the characteristics of the
aquifer and the static water level;
3) The results of the four (4) hour pump test indicating the pumping rate in gallons per
minute and information showing draw down and recharge;
G.
H.
E.
F.
J.
1.
2.
3.
4) A written opinion of the person conducting the well test that this well should be
adequate to supply water to the number of proposed lots;
S) An assumption of an average or no less than 3.5 people per dwelling unit, using 100
gallons of water per person, Per daY;
6) lf the well is to be shared, a legal, well sharing agreement which discusses all
easements and costs associated with the operation and maintenance of the system and
who will be responsible for paying these costs and how assessments will be made for
these costs.
7) The water quality is tested by an approved testing laboratory and meet State guidelines
concerning bacteria and nitrates. For water supplies based on the use of cistern, the
tank shall be a minimum of 1000 gallons.
Method of sewage disposal, and a letter of approval of the fire protection plan from the
appropriate fire district.
All State and local environmental health and safety requirements have been met or are in
the process of being met.
Provision has been made for any required road or storm drainage improvements.
Fire protection has been approved by the appropriate fire district.
Any necessary drainage, irrigation or utility easements have been obtained or are in the
process of being obtained.
All applicable taxes and special assessments have been paid.
IIt. PROCEDURAL REQUIREMENTS
(The following steps outline how the Exemption from the Definition of Subdivision application
review process works in Garfield County.)
Submit 2 copies of this completed application form (pages 1-6) including all submittal
requirements and the base fee to the Garfield County Planning Department. lt will be
received and given to a Staff Planner who will review the application for technical
completeness within 15 working days. The Planning Department may request an extension
of time from the Board of County Commissioners for such review not to exceed an
additional fifteen (15) working days.
Once the application is deemed technically complete, the Staff Planner will send you a
letter indicating the application is complete in addition to requesting additional copies of the
application to be provided to the Board of County Commissioners for their review in
preparation for the public hearing.
Staff will also send you a "Public Notice Form(s)" indicating the time and date of your
hearing before the Board of County Commissioners. Prior to the public hearing, Staff will
provide you with a Staff Memorandum regarding your requested Exemption application. (lf
4
L
Staff determines you application to be deficient, a letter will be sent to you
additional information is needed to deem your application complete.)
4. lt is solely the Applicant's responsibility to ensure proper noticing occurs
petition for an Exemption for the public hearing. lf proper notice has not
public hearing will not occur. Notice requirements are as follows:
indicating that
regarding
occurred,
the
the
Notice by publication, including the name of the applicant, description of the subject
lot, a description of the proposed Exemption from the Definition of Subdivision and
nature of the hearing, and the date, time and place for the hearing shall be given
once in a newspaper of general circulation in that portion of the County in which the
subject property is located at least thirty (30) but not more than sixty (60) days prior
to the date of such hearing, and proof of publication shall be presented at hearing
by the applicant.
Notice by mail, containing information as described under paragraph (1) above,
shall be mailed to all owners of record as shown in the County Assessor's Office of
lots within two hundred feet (200') of the subject lot and to all owners of mineral
interest in the subject property at least thirty (30) but not more than sixty (60) days
prior to such hearing time by certified return receipt mail, and receipts shall be
presented at the hearing by the applicant.
The site shall be posted such that the notice is clearly and conspicuously visible
from a public right-of-way, with notice signs provided by the Planning Department.
The posting must take place at least thirty (30) but not more than sixty (60) days
prior to the hearing date and is the sole responsibility of the applicant to post the
notice, and ensure that it remains posted until and during the date of the hearing.
The Applicant is required to appear before the Board of County Commissioners at the time
and date of the public hearing at which time the Board will consider the request for
Exemption for the subject property. ln addition, the Applicant shall provide proof at the
hearing that proper notice was provided.
At or within fifteen (15) days of the meeting, the Board shall approve, conditionally approve
or deny the exemption request. The reasons for denial, or any conditions of approval, shall
be set forth in the minutes of the meeting or in a written Resolution. An applicant denied
exemption may follow the subdivision procedure in these Regulations.
7. Once the Board makes a decision regarding the request for an Exemption, Staff will
provide the Applicant with a letter affirming the action taken by the Board with a list of
conditions, if any, to be completed by the applicant.
8. A plat of an approved or conditionally approved exemption shall be presented to the Board
for signature within 120 days of approval. The plat shall include a legal description of the
exempted property, and Exemption Certificate, the County Surveyor's Certificate and a
statement, if four (4) lots, parcels, or interest have been created on the parcel, that "NOTE:
No further divisions by exemption from definition will be allowed." The plat shall be
recorded with the County Clerk and Recorder no later than thirty (30) days after the
Chairman's signature. The Chairman of the Board of County Commissioners shall not sign
a.
b.
5.
6.
GARFIELD COUNTY BUTLDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD COLTNTY (hereinafter COUNT\) and [t'E t t t c ? Tt'i L) * lol
(b.ereinafter APPLICANT) agree as follows:
1. APPLiCANT has submitted to COi.INTY an appiication for e t,*n pfr-, * o€
1'4 i)t V+gt's,- (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended,
establishes a fee schedule for each rype of subdivision or land use review appiications, and the guidelines for the
administration of the fee structure.
3. APPLICANT and COTINTY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the firll extent of the costs involved in processing the
application. APPLICANT agrees to make payrnent of the Base Fee, established for the PROJECT, and to
thereafter permit additional costs to be billed to APPLiCANT. APPLICANT agrees to make additional
payments upon notification by the COUNTY when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for pubiication or cost of consulting
service determined necessary by the Board of Courty Commissioners for the consideration of an application or
additional COLINTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the
initial Base Fee, APPLICANT shall pay additional billings to COIINTY to reimburse the COLTNTY for the
processing of the PROJECT mentioned above. APPLICANT acknowledges that all biliing shall be paid prior to
the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan.
APPLICANT
oarc: L\ V.rtt/ t"', (€
Mailing Address:
N <tr.l C.t+f .T t"E ,, rl, ?t/rt[7
Signature
nt Name
fi/2004 5 7c- 7La c)
Page 4
a plat of a conditionally approved exemption until all conditions of approval have been
complied with.
g. The Applicant shall be required to submit a paper copy of the plat and proof that all the
conditions of approval have been met to the Building and Planning Department at least
twenty-one (21 j days prior to the expiration of the 120-day deadline required for signing the
plat by tne doaid. This is to ensure iimely Staff review of the materials submitted as well as
proper scheduling the plat to be signed by the board.
10.Once all of the conditions, if any, have been satisfied, an Exemption Plat shall be
presented to the Board for signature within 120 days of approval The plat shall include a
iegat description of the exempted property, and Exemption Certificate, the County
Sr]rveyor's Certificate and a statement, if four (4) lots, parcels, or interest have been
created on the parcel, that "NOTE: No further divisions by exemption from definition will
be allowed." The plat shall be recorded with the County Clerk and Recorder no later than
thirty (30) days after the Chairman's signature. The Chairman of the Board of County
Commissioners shall not sign a plat of a conditionally approved exemption until all
conditions of approval have been complied with.
I have read the statements above and have provided the required attached information
which is correct and accurate to the best of my knowledge.
Last Revised:2120O6
ACCOUNIT # R023144
!AJ( DISTRICT O23
PIRcEL # 23sgi6iooors ,il111_rnomRry ra:( NorrcE
2OO7 TA)<ES DI'E IN 2OO8
:OBGIA CHAMBERLAIN
EASUBER
.J. Box 1069
/1 15352
_J /_1__I l-6-Carfie/d Countvl----\.:<+
rmo\Jco 81602-1069
v.com
GAREIEIJD COIJNTY 6.825BI'RNING IICUNTAIN FrRE A.IOZcoLo Rr\mR IIAIER CONS 0.25:I{ESI DIVIDE }BXER CON O.iiAqB4ry RI\ER HosprrAr s-EszSCHOOIJ DISTB,ICE RE-2 GEN/ Ti,..6iZq,oI,gRADo l,f,N coLriEGE -a-091
GAREIEIiD ROAD E BRIDGE 2.SOOGAREIEIJD HIJ},IAN SERVTCES O. ZEOGIIRE IEIJD CAP EXPEND N.'iOqBnry Rr\zER HosPrEAt Bot{D 0:615GARE IEIJD COI'MIY PI'BLIC IJIBRARY i. OOO
L37.66123.08
3. 851.55
LOO .47301.1880.6246.395.6585.72L2.4220.L7
o.0620.171o. 616
TOIAI,NET IiEVtr --> 45.551
SENIOR E)<EMPTION TAX
91s.76
-362.60
$ss6. L5GTA!{D TOTAI
SB 25 - fn absence_of .State Legislative E.rrffLincr.your schooJ- rni1I lerry -would h;ve-G;rr'-b2-oat
-
LII.ID 550 190BUILDINGS/IMPRo\E 246790 19990PERSONAI O OToTArr 247440 2OL7OsENroR EXEMPT TA)< -100000 _7960
NET TOTAI, L4744O L22TO
PHOPERTY TAX EXEMPTION
(c.R.s. 3e-3-203)
Seniqr Exenplion 0ualrlyrng taxpayers musl be at least 65 years old onJan'lst 01 the year the appl,cation iS filed and must have own'ed and hved
in their hom^e for at least 10 years. Taxpayers who qualify for eierption onJan. '1. 2008, and.are not yet approved, rnay file an aiptication witn tneAssessor by July 15, 2008. (9/0) 945-9134.
0isabled Veterans Erempti0n To request applicatrons please contact theu0r0rad0 uepartment of Military and Vererans Atfairs at (303) 343-126g.
PROPERTY TAX DEFERRALS
(c.R.s.39_3.s_102)
S-€n^E+qqqS-U!E MXilary For apptications piease contact the Treasurer
at (970) 945-5382
SECT,fg0{,RNe :2Q-'7-9L DESC: SWNE r*,0
PG:O426 BK:1956 pG:698 REcpT:72gS7S BK:1645PG:294 RECPT: 664626 BK:1298 pG:655
RECPT:590952 BK:1298 pG:G54 RECpt:590951BK:1261 PG:869 RECpr:B/2A60 BK:1261 pG:867
RECPT:582859
ADDITIONATJ I,EGAI DESC. ON FIIJE WITH ASR
003359 313 COI'}{EY RD NEW CASTI,E 8].647 d
Contacl Treasurers Olfice immediatety if a number appears in this box.
FrRSI I{Ar,E rEB 29, 2008 g2?8.0t
sEcoND ITALF .lrrN 16, 2008 g278.Ot
ErrT,L PAYI4ENT APR 30, 2008 9556.1(
EOMPID REVOCABI,E [R.UST,THE t\Make Checks PayableTo:
GARFIELD COUNTY TREASURER
GleDwood
:rl:i1r: TO EAVE AND TO EOLD the said premisee above bargained anri described, uith the appurtenances, unto the,aid.parties of.the second-par! their heirs and. assigns forever. And the said part iesof the first part, f6.them selV€S, theimir", executors, and administrators, do corenant, grlnt, bargain and agree to'.3nd with the said parties of the second part, their heirs and assig'ns, that at the time of the ensealing and delivery
."---9f these presents, Eney are well seized of the premises above conveyed, as of good, sure, perfect, absolute
ir,iif;S i"a*"""ible estate of inheritance in law, in fee simple, ed ha ve good right, full power md lawful authorityrn:,t'i6iitant, uargain, sell and. convey the same in mamer and form aforesaid, and that the same are free and clear from;-:flir.,idl:,lforaer and other grants, bargains,l\:rq+rtolrmer and ottrer grants, bargaifts, sales, liens, t&\es, assessments and incumbrances of whatever kind or nature,,,,i,iniiiir,'except: the L976 g-eneral proDertv taxes. Datent rpqpr\/rr-i^na,general proDertv taxes, Datent reservations of.ir.ieco:cd and -righrs-of *ay for tounty .""J"-"i ;;;;;;,';;-;i;:;:";.
'r.,-in:u.se, and an oi1 and Las lpr.qp ra.^rriazt i- n^^i-r. 1.-'^-'-i]::',X.?._:i1^il9,S*: lease recorged _in Boot< z,-l:-"t'pfg"'+6i i"ll:.:IIi::_"f, the farfiEld counry c1;;a-""J"n.IJld;;-;; ;;assiepgnts rhereof , rhe renrs o'f which ;i;; ri;;;-;;r;i;"-stalr be€ntitled to receive i:hrough June 15, \977
+qt}" rbove bargained premises in the quiet md peaceable possession of the said parties of the second part, their
i{d* and assiS:ns, against all and. evet'y person or persons laMully claiming or to cla:m the whole or any part thereof,
.lr' -tde,lrid pl,rties of the first part shall and will WARRANT AND FOREVER DEIfEND.:, IN WITITESS WEEREOF, the said part s of the first part ha V€ hereunro set tl:eir hand s and.' Ealrl S tLc day and year first above sritt€n.
SiSaed, S€rled and Delivered in the presenee of "'.9f -'
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STATE OF COLORADO,
County of ln .:1.-, /./
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persons, as individuals and as
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Uedct.til ,/.s r'&y ol .r.'-l ,'s7-t ,t;1'-
---JAI'{ES K. HOFFYEISTER., a marri_ed
, ROBERT L. HOffIIIEISTEII, a married
l,i{rson, CARLETON E. HOFI'ITEISTER, a narried oe
TIAVID S. HOFE{EISTER, a married Derson,as in-
ir SOFFIIEISTER, a married Derson.li'itrr,lL Comty of 'Carfielr-l
dlvlduals and as trusrees; and Ci{ARLES A,
8nd Strlc ol
Oifcrdo, d $. lrrt Dlrt, &d
------JOHil S. ROGERS and JUIIE A. RoCERS
otrColorado Springsuutyof L- Paso ud Stete of Colondo. of rbi *{ond )ai
to & -td prrt ieoC thc firrt Prft in h8nd prid by the said lnnies of lhe s(f,ond nan. :he ra.eipt u.hereof is
hfilr cottlraa r;d rc&aowlcdrd, he v€gruted, bargeined, sold and conve!.ed, and b1- t]rex prt'senrs doftut' bufrL dl, oouvcy ud cotu':rm unto the said parties of the sccc.nd p6rt, their hein r:.,.1 assigns forever, notta tanull ia collta(n bltt h &i!t ta.D!.ncy, dl the lollowing,described ]ot S or parcel S uf la::,:. s:iLrar€. ll,ing andbths h t.hG county of Gar f i e I d uJsot. of Coto..do. t,, .r.,
The East One-half (Et) of Section Truenrv (2C), Tor,,n-str- {.:.r,en (7)South, Range !{inetv-one (9f) ljest of rhe Sixrh (6ih) '.r--:-,:ira}
l{eridian. together rvith the Guthridqe and ,luthridqe 't: .. r:-. lo. 1,and the i";':thrid.ge and Guthridge .,')itch i.lo. 2 fron June (-:.,t,:. i,,iihall water-,, priorities and adjudications belonqint there:o, :nd:r11 other ditches and ditch and water riphts an,)urtenent .c !-i:connected '^rith said lands,
Southrrest Quarter (Sr.IZ) r:f jlorthwest Ouarter (N,t.tl.- ) ; :,les1 1raIf(tJ.t) or Sourhr+est Ouarter (Slit); Sourheasr ouarrer: (S:r.) oaSouthrvest Ouarter (Sl.Il): Sorrthwest n1r3r:ter (SIJ);) 6+-- Sou:ha:rstQuarter (Sq) orc Section T\.rent_y-one (2I); lrortheast jluart.]: r:ltia)of section Twenty-eight (2s), Tor^rnshio Se'en (7) South, r.e-ne.
llilety-one (9r) iriest of the sixrh princir:al r{eri,Jiar.r, concaininq360 acres of land, more or 1ess, accordinq to the rlovernnentsurvey thereof Eogether with one-third inier:es: in the ceniersEevens Ditch iig2tt, Priority ;'.t12gA in the l,larer Dj-st::ict ;,i45dating qs^9{ Jung 2C, 1903;- also rhe Van itorn Drrch r:1, bein.rnumbered 8rB in trrlater District #45 and its decreed prioritv irrzaedating as of t-lay 27, 1903, for 36 cu. fr. of \^/ater rer minut" "itime; aiso Ehe Van Eorn Ditch /r2, beirrc n.rmbered 3rc in liaterDistrict lt45 and irs decreed prioriry lirzan-i"i 2.4 cu. ir. ofwater per nrinrrte of tirne absolutery and 72 cu. ft. atiditional.,dating a-s 9f June 9, 1905, and arl'ditch and warer riqhrs to saidditches belonging.
SEdSEA Section 21, Tp. 7 S., lt. 91 r{., 6rh p."I.
EXCEPTTIIG AiID RESERVTIIG all uranium, thoriurn or an\.r othermarerial which is or may be detennined to be rreculiarlv essentialto the nroducEion of fissionable materials as reserved- in aPateni dated i.lovember 14, 1951, and recorded l,iarch 5, 1954, inBook 275 at Page 395.
EXCEPTIIIG AI{D RESERVIIIG unto the First Parties a one-half (l)
interest in all oil, gas andnineral rights Eo the above described
parcels
r T9GDEEB with 8U and singular the hcreditanents and appurtenances thereunto 5elonging, or in mywire
?.T3i:i: a,ad the reversion and reveraiom, renainder aud remainderr, rents,.isaue ed profits themf; anddU the erhlte, riaht' title, lnterest, cloim a,nd demand vhatsmve! of the seid ,"4iesof ttre tir:st pa.rt, either inraw u eguity, o(, in End to the ebove barydned prerdses, with th€ b€Editsltrents rrd appurtenance6.
?rr-Nls8tf,f,, thrt 6c rrid prrt iesof t}ro first parr, fcr and in c,,nsidention of cre sun. ,,:TEN mr.LARs AIID orHER GooD AND v.qlr:..rsir co'iairEi;:ibi'i------arutr-.rrs
if' .E! r,:,935
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BECORDER'S STAIIP
ancl
grn IfftItfi t[
a,','. ,,t,Lh.*--
q- ral$4a tiiEt 8t ..t, Davd.
Jan 11.2008
To: Garfield County
Building and Planning Dept:
108 8th St, Suite 401
Glenwood Springs, C0 81601
For: Craig Richardson
Per your letter dated Jan4, 2008
Enclosed 4' Copy of deed from senior carlton Hoffmeister to the sons,James K., Robert L,Carlton E, and David Hoffmeister
. Dated 11 September 1970. Book 423, page 14g
The Hoffmeisters sold this property to John and June rogers
on Nov 3, 1976. Reception 2tS1gS Book 4g9 page 955.
Reference Paragraph #3:
The water sour@ is being taken care of with the colorado Division
of Water Resourses in Denver . pHone # 303 g66-35g
attn: John Toberest
Respectfully
Wellie D.'Todrlinson
JAN I 4 ?OOB
d'
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TO ltr't'vE AND TO IIOLD TllIl Sl^l,i.ii, Toocihu'r rvitjr ail ru,.i ,,iiri;u.,;r L1c apr;ir;,r,
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, Geotechnical
ill(Hffi]ll-"
RESIDENTIAL SOILS INVESTIGATION
3369 County Road 313
New Castle, Golorado
Prepared For:
Mr. Rick Tomlinson
3369 County Road 313
New Castle, Colorado 81647
Job No. 2,472
September 13, 2006
Geotechnical, Environmental and Materials Testing Consultants
Grand Junction - Montrose - Moab - Crested Butte
(970) 245-4078 ' fax (970) 245-7115 ' geotechnicalgroup.com
2308 lnterstate Avenue, Grand Junction, Colorado 81505
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TABLE OF CONTENTS
scoPE ............1
SUMMARY OF CONCLUSIONS .....................1
strE GoND|10NS.......... .....,.........2
PROPOSED CONSTRUGT!ON............. ..........3
SUBSURFACE CONDITIONS. ........3
RESIDENCE FOUNDATIONS .........4
DRrleo PreR Founoerrorus ...........6
Foorrruo Founonnoxs ...................7
FLOOR SYSTEMS ..........8
BELOW-GRADE CONSTRUCTION..... .........10
coNcRETE........... ........12
SURFACE DRA!NAGE............. .....13
GoNSTRUCTION MONITOR|NG......... .........14
L!MITATIONS........... .....15
FIG. l.VICINITYMAP
FIG. 2 - LOCATION OF EXPLORATORY TEST PITS
FIGS. 3 AND 4 - LOGS OF EXPLORATORY TEST PITS
FIG. 5 - SWELL / CONSOLIDATION TEST RESULTS
FIGS. 6 THROUGH 9 - RECOMMENDED FOUNDATION DRAIN DETAILS
TABLE I - SUMMARY OF LABORATORY TEST RESULTS
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SCOPE
This report presents the results of a geotechnical investigation for the proposed
single-family residence to be located at 3369 County Road 313 in New Castle, Colorado.
Our investigation was conducted to explore subsurface conditions and provide foundation
recommendations for the proposed residential structure. The report includes descriptions
of subsoil and groundwater conditions found in two exploratory test pits, recommended
foundation systems, allowable design soil pressures, and design and construction criteria
for details influenced by the subsurface conditions. This investigation was performed in
general conformance with our Proposal No. 06-126 dated July 26, 2006.
The report was prepared from data developed during our field exploration,
laboratory testing, engineering analysis and experience with similar conditions. A brief
summary of our conclusions and recommendations follows. Detailed criteria are
presented within the report.
SUMMARY OF CONCLUSIONS
1. Subsoils found in the exploratory test pits consisted of existing fill material to
a depth of about 2 to 2% feet underlain by variable sandy to slightly gravelly
silty clay to a depth of 6 to 9 feet. The sandy to slightly gravelly silty clay
was underlain by formational claystone material to a total depth of lYz teet.
Groundwater was not found the day of excavation.
3369 County Road 3'13
New Castle, Colorado
GEG Job No.2,472
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We believe a deep foundation such as drilled piers can provide a more
positive foundation. An alternative, with more risk of movement, footing
type foundation bearing on a well-compacted structuralfill is also presented.
A discussion, including detailed design and construction criteria are
included in the text of the report.
We believe slab-on-grade construction supported by the soils encountered
will have significant potential for movement. We recommend structurally
supported floors in all finished areas. Additional discussion, including
design and construction criteria, is included in the text of the report.
Surface drainage should be designed for rapid runoff of surface water away
from the proposed structure.
SITE CONDITIONS
The subject site was located at 3369 County Road 313 in New Castle, Colorado.
A vicinity map showing the site location is included as Fig. 1. The subject site was
located at 3369 County Road 313 in New Castle, Colorado. The subject site was cut to
relatively flat and sloped down toward the north at an inclination of approximately 1 to 2
percent (measured with hand level and hand held rangefinder). Low indigenous and
non-indigenous ground cover type vegetation was noted across the site. Vacant land with
low indigenous and non-indigenous vegetation was south, west and north of the subject
site. A dirt road was east of the subject site with a single family residence and
associated out buildings beyond. The vicinity sloped down toward the north at an
inclination of approximately 10 to 15 percent (USGS, Silt, Colorado topographic
quadrangle, dated 1962 revised 1973).
3369 County Road 313
New Castle, Colorado
GEG Job No.2,472
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PROPOSED CONSTRUCTION
We understand the proposed structure will be a single-story, modular home, set on
a superior wall foundation with a basement level garage. We anticipate foundation loads
may range from 1,000 to 2,000 pounds per lineal foot of foundation wall. lf proposed
construction is different than what is described above, we should be notified so that we
can re-evaluate the recommendations given.
SUBSURFACE CONDITIONS
Subsurface conditions at the site were investigated by observing and sampling two
exploratory test pits. The locations of the exploratory test pits are shown on Fig. 2.
Graphic logs of the soils found in the exploratory test pits and field penetration resistance
tests are presented on Figs. 3 and 4. Subsurface conditions encountered consisted of
approximately 2 to2lz feet of existing onsite fill material underlain by variable sandy to
slightly gravelly silty clay to a depth of about 4 feet in TP-1 and to a depth of about 9
feet in TP-z. The variable sandy to slightly gravelly silty clay in test pit 1 was underlain
by formational claystone from a depth of about 4 feet to the maximum depth explored of
8% feet below the ground surface. The variable sandy to slightly gravelly silty clay was
3359 County Road 313
New Castle, Colorado
GEG Job No.2,472
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very stiff, moist, and brown. The formational claystone was medium hard, moist and
brown. Groundwater was not found the day of observation.
Two slightly gravelly, sandy, silty clay samples tested had moisture contents of
12.9 and 13.7 percent. One claystone sample tested had a dry density of 1 10.0 pcf and
exhibited 4.5 percent swell when wetted under confining pressures of 500 psf and
estimated swell pressure of approximately 13,000 psf . One slightly gravelly, sandy, silty
clay sample tested had a liquid limit of 31 and a plasticity index of 13 and had 93 percent
passing the No. 200 sieve (silt and clay sized particles). Results of laboratory testing are
shown on Fig. 5 and summarized on Table l.
RESIDENCE FOUNDATIONS
This investigation indicates subsurface conditions at foundation levels consists of
sandy clay and/or formational clay stone. The formational claystone exhibited significant
swell potential. Experience indicates the claystone stratum is problematic locally. The
claystone can change significantly over short distances. ln our opinion, a foundation to
better mitigate risk of movement should be anchored below the zone of probable moisture
variation and concentrate the weight of the structure to resist potential swell of the
claystone. ln our opinion, a straight shaft drilled pier foundation bedded in an underlying
3369 County Road 313
New Casue, Colorado
GEG Job No.2,472
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competent stratum most nearly satisfies these criteria. An alternative, with higher risk of
potential movement, of spread footing foundations bearing on at least a five-feet thick
compacted structural fill separation between bottom of footing and top of the shale
stratum is also presented. We understand that a clean gravel is planned to be used as a
leveling course, the builder and owner must understand that the voids in a clean
aggregate will hold a significant amount of water and provide a source of water to
mobilize swell of expansive material. We recommend soils beneath footing foundations
be over excavated and replaced with a well-compacted, engineered structural fill to help
mitigate potential soil settlement, to help mask the influence of swelling soils supporting
the footings and provide a more uniform subgrade. The S-foot thick layer of compacted
structural fillwill not mitigate the effects of swelling soils supporting the footings, it will only
help mask the influence of swelling soils.
We present design and construction criteria for drilled piers and spread footing
foundations in order of decreasing attractiveness. These criteria were developed from
analysis of field and laboratory data and our experience. The additional requirements (if
any) of the structural engineer and structural warrantor should also be considered.
The owner must understand that if shallow spread footings are chosen to support
the structure, post construction, foundation movement and associated structure damage
should be anticipated,
3369 County Road 313
New Castle, Colorado
GEG Job No.2,472
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Drilled Pier Foundations
3369 County Road 3'13
New Castle, Colorado
GEG Job No.2,$2
Piers should be designed for a maximum allowable end bearing pressure of
20,000 psf and an allowable skin friction value of 2,000 psf for the portion of
pier in relatively unweathered shale. Skin friction should be neglected for
the portion of pier within 3 feet of the bottom of the foundation walls and
grade beams.
Piers should be designed for a minimum deadload pressure of 10,000 psf
based on pier cross-sectional area. lf this deadload cannot be achieved,
pier length and bedrock penetration should be increased. The shale can be
assigned a skin friction value of 1,700 psf for uplift resistance, at least 3 feet
below the pier cap.
Piers should penetrate at least 10 feet into the relatively unweathered shale
strata and have a total length of at least 19 feet. Relatively hard drilling
conditions are anticipated. We recommend a pier hole diameter of at least
12 inches.
Piers should be reinforced the full length of the pier with at least three No. 6
or four No. 5 Grade 60 reinforcing bars to resist tension in the event of
swelling. Reinforcement should extend into grade beams and foundation
walls. The structural engineer's design may require additional or alternative
reinforcing and should be included in the foundation construction. A
qualified structural engineer should be consulted to provide structural
design of the drilled pier reinforcing.
There should be at least an 6-inch (or thicker) continuous void beneath all
grade beams and foundation walls, between piers, to concentrate deadload
on the piers.
Foundation walls and grade beams should be well reinforced; the
reinforcement should be designed by a qualified structural engineer.
Piers should be carefully cleaned prior to placement of concrete.
Groundwater was not encountered at the time of this investigation to the
depths investigated, Our experience in the area indicates the formational
shale may contain permeable or fractured layers which contain water. We
believe problems associated with pier installation can be significantly
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reduced by using a "drill and pour" construction procedure; that is, placing
concrete immediately after pier holes are drilled, cleaned and inspected.
Pumping or tremie placement may be required for proper dewatering of the
pier holes if water is encountered during drilling. Concrete should not be
placed in any pier hole containing more than 3 inches water. Due to recent
experience with improper installation, we recommend the use of a
contractor with previous drilled pier installation experience.
Formation of mushrooms or enlargements at the top of piers should be
avoided during pier drilling and subsequent construction operations. lt may
be necessary to case the top portion of the pier hole prior to pier concrete
placement to prevent flaring of the top of the pier.
lnstallation of drilled piers should be observed by a representative of our
firm to identify the proper bearing strata and confirm proper installation
technique. Our representative should be called to visit the site at the time of
the first pier excavation.
Footing Foundations
1. Footing foundations bearing on at least a five-foot depth of well
compacted engineered structural fill can be designed for maximum soils
bearing pressure of 2,000 psf. The footings should be designed with as
high dead load as can be developed. The foundation should bear
completely on at least S-feet uniform depth of well-compacted structural
fill to at least 5 feet beyond each footing, horizontally. Loose soils should
be completely removed from foundation bearing areas, prior to placing fill
or concrete. The structural fill should be a crushed, uniformly graded,
granular material with a maximum size of 1.5 inches, maximum of 15
percent passing the No. 200 sieve and maximum liquid limit of 30. A
CDOT Class 5 or Class 6 type crushed base course could be used to
satisfy these criteria and is recommended. The structural fill should be
placed in maximum 10-inch loose lifts, moisture conditioned to within 2
percent of optimum moisture content and compacted to at least 95
percent maximum dry density standard Proctor (ASTM D 698). lf
3369 County Road 313
New Castle, Colorado
GEG Job No.2,472
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structural fill soils are required to achieve grade they should consist of a
granular material and should be placed and compacted as stated above.
We recommend a minimum width of 18 inches for continuous footings.
lsolated pads should be at least 30 inches by 30 inches. Foundation walls
should be well-reinforced top and bottom. We recommend reinforcement
sufficient to span an unsupported distance of at least 12 feet. A qualified
structural engineer should design foundation reinforcement.
Exterior walls must be protected from frost action. We recommend referring
to the local building code for frost protection requirements.
The completed foundation excavation should be observed by our
representative to test subgrade and fill compaction and to verify subsurface
conditions are as anticipated.
FLOOR SYSTEMS
We believe the sandy clay and/or formational claystone which will support slab-on-
grade floors exhibited significant movement potential. Movement must be assumed from
an increase in moisture by site and adjacent area development and associated
landscaping and irrigation. To our knowledge, the only reliable solution to control floor
movement is the construction of a structurally supported floor with at least a '12-inch air
space between the floor and subgrade. ln our opinion, structural floors should be used in
allfinished areas. Structurally supported floors are normally not used in unfinished areas.
A slab-on-grade floor can be used in these areas provided the builder and owner is
3369 County Road 3'13
New Casue, Colorado
GEG Job No.2,472
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aware of and accepts risk of potential movement and associated damage. Driveways,
sidewalks and exterior patio slabs are also constructed as slabs-on-grade.
We recommend the following precautions for construction of slabs-on-grade at this
site. These precautions will not prevent movement in the event the underlying soils
become wetted; they only tend to reduce or mask damage if movement occurs.
Concrete slabs on grade should be supported on at least 3 feet of
compacted structural fill. The structural fill may consist of imported granular
fill as discussed above and should be placed in thin lifts and compacted to
at least 95 percent of the maximum standard Proctor dry density. The
subgrade should also be prepared as stated above. The 3-foot layer of
compacted structural fill will not mitigate potential movement of slabs-on-
grade due to soil volume changes of soils supporting the slabs. lt will only
help provide a more uniform support for the slabs-on-grade. On site clay
soils or shale are not suitable for reuse. Our representative should be
onsite prior to forming to verify soil types and proper subgrade preparation.
Slab-on-grade construction should be limited to areas such as garage and
exterior flatwork where possible.
Slabs should be separated from exterior walls and interior bearing members
with a slip joint, which allows for free vertical movement of slabs.
The,use of slab-bearing partitions should be avoided. Where such
partitions are necessary, a slip joint allowing at least 6 inches of free vertical
slab movement should be used. The owner should be advised of potential
movement and re-establish this void if it closes. Doonrvays and stairwells
should also be designed for this movement. Sheetrock should not extend
to slab-on-grade floors.
Underslab plumbing should be eliminated where feasible. Where such
plumbing is unavoidable, it should be thoroughly pressure tested during
construction for leaks and should be provided with flexible couplings. Gas
3369 County Road 313
New Castle, Colorado
GEG Job No.2,472
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and water lines leading to slab-supported appliances should be constructed
with flexibility.
Plumbing and utilities, which pass through slabs, should be isolated from
the slabs. Heating and air conditioning systems supported by the slabs
should be provided with flexible connections capable of at least 6 inches of
vertical movement so that slab movement is not transmitted to the
ductwork.
Frequent control joints should be provided to reduce problems associated
with shrinkage and curling. The American Concrete lnstitute (ACl) and
Portland Cement Association (PCA) recommend a maximum panel size of
8 to 15 feet depending upon concrete thickness and slump, and the
maximum aggregate size. We advocate additional control joints 3 feet off
and parallelto grade beams and foundation walls.
Exterior patio, porch and sidewalk slabs should be designed to function as
independent units. Movement of slabs-on-grade should not be transmitted
directly to the foundations. Stucco finish (if any) should terminate at least 6
inches above any flatwork.
BELOW.GRADE GONSTRUCTION
We understand that a basement level garage is proposed. Basement walls
should be designed for lateral earth pressures. Walls that are restrained not allowing
movement and mobilization of the internal soil strengths such, as basement walls, should
be designed for at-rest lateral earth pressures. Walls that are allowed to deflect to
mobilize internal soil strengths may be designed for active lateral earth pressures. Lateral
3369 County Road 313
New Castle, Colorado
GEG Job No.2,472
6.
7.
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earth pressure values are presented below and should be treated as equivalent fluid
pressures.
At rest lateral earth pressure = 75 pcf
Active lateral earth pressure = 55 pcf
Passive lateral earth pressure = 220 pcf
Coefficient of friction between soil and concrete = 0.24
The site soils have tested swell potential with an estimated swell pressure of about
13,000 psf. lf the site soils become wetted they may swell and may apply swell pressures
on the basement walls. The basement and other retaining walls should be designed to
resist the anticipated swell pressure. The influence of the swell pressure may be reduced
by over excavating the site soils beyond the zone of lateral earth pressure and replacing
with a non- expansive free draining granular material. The zone of lateral earth pressure
may be determined as a 45 degree line drawn up from the outside bottom corner of the
foundation.
The lateral earth pressures are dependent upon the type of backfill materials.
The above lateral earth pressures are for walls backfilled with compacted onsite soils.
The structural engineer should provide structural reinforcing design for walls supporting
lateral soil loads.
3369 County Road 313
New Castle, Colorado
GEG Job No.2,472
11
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Prior to foundation wall backfill, foundation walls should be structurally braced top
and bottom to prevent deflection from lateral soil loads. Foundation walls should also be
backfilled with a CDOT class 6 type road base.
Water from surface irrigation of lawns and landscaping frequently flows through
relatively permeable backfill placed adjacent to a residence and collects on the surface of
relatively impermeable soils occurring at the bottom of the excavation. This can cause
wet or moist basement conditions after construction and or hydrostatic pressure in the
wall backfill. The provision of a drain will not eliminate potential slab movement. The
drain should consist of a 4-inch diameter open joint or slotted pipe encased in free
draining gravel. The drain should lead to a positive gravity outlet or to a sump where
water can be removed by pumping. Typical foundation drain details are included as Figs.
6 through 9.
CONCRETE
One soils sample (TH-1 at 4 feet) was tested for water-soluble sulfates. This
sample had a sulfate concentration of 40 ppm. Sulfate concentrations in this area are
considered to have a negligible effect on concrete that comes into contact with the
soils. ln our experience, sulfate concentrations in formational shale can vary
3369 County Road 313
New Castle, Colorado
GEG Job No.2,472
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significantly over short distances. We recommend a sulfate resistant cement such as
Type V cement be used for concrete that comes into contact with the subsoils.
Although not meeting ACI requirements, a locally available Type l/ll modified cement
has been used for similar conditions. ln addition, concrete should have a maximum
water-cement ratio of 0.45.
SURFACE DRAINAGE
Performance of foundations and concrete flatwork is influenced by surface
moisture conditions. Risk of wetting foundation soils can be reduced by carefully planned
and maintained surface drainage. Surface drainage should be designed to provide rapid
runoff of surface water away from the proposed residence. We recommend the following
precautions be observed during construction and maintained at all times after the
construction is completed.
1. The ground surface surrounding the exterior of the building should be
sloped to drain away from the building in all directions. We recommend a
slope of at least 12 inches in the first 10 feet around the structure, where
possible. ln no case should the slope be less than 6 inches in the first 5
feet. The ground surface should be sloped so that water will not pond
adjacent to the structure.
2. Backfill around foundation walls should be moistened and compacted.
3369 County Road 313
New Castle, Colorado
GEG Job No.2,472
3.
4.
5.
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Roof downspouts and drains should discharge well beyond the limits of all
backfill. Splash blocks and downspout extenders should be provided at all
discharge points.
Landscaping should be carefully designed to minimize irrigation. Plants
used close to foundation walls should be limited to those with low moisture
requirements; irrigated grass should not be located within 5 feet of the
foundation. Sprinklers should not discharge within 5 feet of foundations.
lrrigation should be limited to the minimum amount sufficient to maintain
vegetation; application of more water will increase likelihood of slab and
foundation movements.
lmpervious plastic membranes should not be used to cover the ground
surface immediately surrounding the structure. These membranes tend to
trap moisture and prevent normal evaporation from occurring. Geotextile
fabrics can be used to limit the weed growth and allow for evaporation.
CONSTRUCTION MONITORING
Geotechnical Engineering Group, lnc. should be retained to provide general review
of construction plans for compliance with our recommendations. Geotechnical
Engineering Group, lnc. should be retained to provide construction-monitoring services
during all earthwork and foundation construction phases of the work. This is to observe
the construction with respect to the geotechnical recommendations, to enable design
changes in the event that subsurface conditions differ from those anticipated prior to start
of construction and to give the owner a greater degree of confidence that the structure is
constructed in accordance with the geotechnical recommendations.
3369 County Road 3'13
New Castle, Colorado
GEG Job No.2,472
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LIMITATIONS
The scope of services for this study does not include either specifically or by
implication any environmental or biological (such as radon, mold, fungi, bacteria, etc.)
assessment of the site or identification or prevention of pollutants, biological hazards,
hazardous materials or conditions. lf the owner is concerned about the potential for such
contamination or pollution, other studies should be performed.
The owner and builder are cautioned that this site contains soils and formational
claystone which have significant swell potential. This report contains design and
construction recommendations which are generally accepted to help mask the effects of
swelling soils supporting the foundations but should not be interpreted as techniques to
eliminate effects of swelling soils. The current and future owners must be aware that
potential future movement from swelling soils is possible.
Two exploratory test pits were excavated and sampled. The test pits were
representative of conditions encountered only at the exact locations. Variations in the
subsoil conditions not indicated by the boring are always possible. Our representative
should observe open foundation excavations to confirm subsurface conditions are as
anticipated from the exploratory test pits and foundations are prepared as recommended
3369 County Road 313
New Castle, Colorado
GEG Job No.2,472
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herein. We should be called to observe drilled pier installation, test subgrade soils and
structural fill compaction.
The scope of work performed is specific to the proposed construction and the
client identified by this report. Any other use of the data, recommendations and design
parameters (as applicable) provided within this report are not appropriate applications.
Other proposed construction and/or reliance by other clients will require project specific
review by this firm. Changes in site conditions can occur with time. Changes in standard
of practice also occur with time. This report should not be relied upon after a period of
three years from the date of this report and is subject to review by this firm in light of new
information which may periodically become known.
We believe this investigation was conducted in a manner consistent with that level
of care and skill ordinarily used by geotechnical engineers practicing in this area at this
time. No other warranty, express or implied, is made. lf we can be of further service in
discussing the contents of this report or the analysis of the influence of the subsurface
conditions on the design of the residence, please call.
3369 county Road 313
New Casue, Colorado
GEG Job No.2,472
Sincerely,
GEOTECHNIGAL ENGINEERING GROUP, !NC.
Robert W. Anderson
Project Geologist
RWA:NWJ:mh
(3 copies sent)
3369 County Road 3,l3
New Castle, colorado
GEG Job No.2,472
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Residential Soil lnvestigation
3369 CR 313
New Castle, Colorado
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:....]:, 1- U.;7..*IVs' , -:**-.*4'I
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Job No. 2,472 Vicinity Map Fig. 1
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T
Note: This figure was
prepared based on field
measurments and is
intended to show
approximate locatons of
Test Pits
Approxmate propsed
building
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a
TP-1
o
TP-1
Legend
''J-iffi:?['#r]?[
Location of Exploratory Test Pits Fis 2
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Log of Test Hole
TP.1
PROJECT: 3369 Counw Road 313 PROJECT NO.: 2472
CLIENT: Rick romlinson
PROJECT LOGATION:
LOCATION:ELEVATION:
LOGGED BY: MikeFormer
DRILLING METHODI DATE: 7t28t2oo6
DEPTH TO - WATER> lNlTlAL: + AFTER 24 HOURS: E CAVING> .C-
L^
o_ q)o .c)o=Description
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o-oLo
oo--
-Lazt)
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=tO=nI
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TEST RESULTS
Plastic Limit t----- Liquid Limit
Water Content - o
Penetration - mln ,n ?n ao 50
41112
54112
41112
Existing fill. Organics and chemicals noted at 0-4 feet. Bag sample taken
at 0-3 feet
Bag Sample Taken at 0-3 foot depth
Bag
Clay, gravelly,very stiffdry to moist, moist, brown interbedded with
grave, cobbles, and boulders 7A.
Weathered claystone,hard, moist, brown
HD
A
HD
I
" Bottom of Test Hole " 8.5 ft.
HD
10
1)
NOTES:
Figure 3 PAGE 1 ol 1
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olt
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Log of Test Hole
TP.2
PROJECT: 3369 comtv Road 313 PROJECT NO.: 2472
CLIENT: tuckromlinson
PROJECT LOCATION:
LOCATION:ELEVATION:
LOGGED BY: Mike
DRILLING METHOD:DATE: 7t2\t2oo6
DEPTH TO - WATER> lNlTlAL: = AFTER 24 HOURS: = CAVING> C
L-
o_o(l).oo5 Description
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TEST RESULTS
Ptastic Limit r----- Liquid Limit
Water Content - o
Penetration - Wm
4A 'O ?n Ai 50o
2514
25t3
2511
Existing fill
Bag Sample taken at 0-3 foot depth
fAc
Clay, silty, sandy, to slighty gravelly, very stiff, dry to moist, brown
Z
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7
HD
6
HD
n
" Bottom of Test Hole " 9 ft.
HD
1n
1)
LA
NOTES:
Figure 4 PAGE 1 of 1
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SWELL / CONSOLIDATION TEST REPORT
2000
Applied Pressure - psf
Natural Dry Dens.
(pc0 LL PI Sp.
Gr.
Overburden
(ps0
Pc
(ps0 cc cr Swell Press.
(psf)
Swell
o/o eo
Sat. I Moist.
74.5 o/o I 110.0 750 1960 4.4
MATERIAL DESCRIPTION USCS AASHTO
CL
Project No. 2472 Glient: Rick Tomlinson
Project: 3369 County Road 313
Source: TP-l Sample No.: HD EIev./Depth: 6
Remarks:
Fig.
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Slope per report
Cover gravel with
filter fabric
or roofing felt.
Note:
Drain should be at least 2 inches
below bottom of void at the
highest point and slope downward
to a positive gravity outlet or to
a sump where water can be
removed by pumping.
Reinforcing steel per
structural drawings.
Provide positive slip joint
between slab and wall.
Floor slab
Drilled Pier
Minimum'-]---t,
4-inch diameter perforated drain
pipe. The pipe should be placed
in a trench with a slope ranging
between 1/8-inch and 1/4-inch
drop per foot of drain.
L Backfir
I
Below grade wall
Encase pipe in washed concrete
aggregate (ASTM C33, No. 57 or
No. 67). Extend gravel laterally
to void and as high as possible
up the side of void (1 to 2 inches).
Provide PVC sheeting glued
to foundation wall to reduce
moisture penetration.
Job No 2,472 Exterior Foundation Wall Drain Fis. 6
Leacxnrr
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Cover gravelwith
filter fabric
or roofing felt.
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Slope per repoft
Note:
Drain should be at least 4 inches
below bottom of void and footing at
the highest point and slope downward
to a positive gravity outlet or to
a sump where water can be
removed by pumping,
Provide positive slip joint
between slab and wall.
Floor slab
Below grade wall
Reinforcing steel
per structural drawings.
Encase pipe in washed concrete
aggregate (ASTM C33, No. 57 or
No.67). Extend gravel laterally
to void and as high as possible
up the side of void (1 lo 2 inches).
Footing or pad
4-inch diameter perforated drain
pipe. The pipe should be placed
in a trench with a slope ranging
between 1/8-inch and 1/4-inch
drop per foot of drain.
Minimum'_-i-_-
t,
Provide PVC sheeting glued
to foundation wallto reduce
moisture penetration.
Job No.2,472 lnterior Foundation Wall Drain Fig. 7
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Slope per report
L Backfi1 --r
\
Below grade wall
Drilled Pier
Encase pipe in washed concrete
aggregate (ASTM C33, No. 57 or
No. 67). Extend gravel at least
halfway up continuous footings
and void if pads or interrupted
footings are used.
Note:
Drain should be at least 2 inches
below bottom of void at the
highest point and slope downward
to a positive gravity outlet or to
a sump where water can be
removed by pumping.
Reinforcing steel per
structural drawings.
Provide positive slip joint
between slab and wall.
Floor slab
with filter fabric
or roofinq felt.Bottom of
Excavatior
stofetoffi
or beyond
1 :1 slope
from bottom
of footing.
(Whichever is
greater).
4-inch diameter perforated drain
pipe. The pipe should be placed
in a trench with a slope ranging
between 1/8-inch and 1/4-inch
drop per foot of drain.
Job No. 2,472 Interior Foundation Wall Drain Fig.8
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Slope per
OSHA
Below grade wall
Reinforcing steel
per structural drawings.
Note:
Drain should be at least 4 inches
below bottom of void and footing at
the highest point and slope downward
to a positive gravity outlet or to
a sump where water can be
removed by pumping.
Provide positive slip joint
between slab and wall.
Cover gravel with filter fabric
or roofing felt. Bottom of
Encase pipe in washed concrete
aggregate (ASTM C33, No. 57 or
No. 67). Extend gravel at least
halfway up continuous footings
and void if pads or interrupted
footings are used.
4-inch diameter perforated drain
pipe. The pipe should be placed
in a trench with a slope ranging
between 1/8-inch and 1/4-inch
drop per foot of drain.
I8" Minimum
or beyond I
1 :1 slope
from bottom
of footing.
(Whichever is
greater).
Job No. 2,472 lnterior Foundation Wall Drain Fig. 9
IIIIIIII'IIIIIITIII
JOB NO.2,472
TABLE I
SUMMARY OF LABORATORY TEST RESULTS
Geotechnical
ll{"';::;:'tf.
HOLE DEPTH
(FEET)
NATURAL
MOISTURE
(o/o\
DRY
DENSITY
(PCF)
Atterberq Limits Swell/ Consolidation PASSING
NO.200
SIEVE
(o/o\
WATER
SOLUBLE
SULFATES
(oom)
SOIL TYPELIQUID
LIMIT
(%\
PLASTICITY
INDEX
(o/o\
SWELL
(%\
CONFINING
PRESSURE
(PSF)
TP-1 6 14.5 110.0 4.5 500 Clay, Stone (CS)
4 13.7 40 Clav, Siltv. Sandy (CL)
TP-2 3.5 12.9 92 31 13 93 Clav. Siltv. Sandv (CL)
Page 1 of 1
RECEIVED
MAY 2 0 2008
GARFIELO COUNW
H'ITDING& P1ANNING
May 19.2008
T'onrmy Tomlinson
3369 County Road 313
New Castle, Co. 81647
AT'IN: Tomrny
On 5/l/08, a well test was conducted on a weli on the'l'omlinson propeny,at 336g
Counly Road 313. The foilowing informariorr rnas obrained;
Well Depth -------- I00-
casing size----------":--::-:: --":: - ----_ ( 7 r 5 ),'
Standing u.ater level-------- ---- 12_1,
'l otal test time------ 4 llours
Drawdown to ----------- --------- l2-l'
Production is greater rhan -------- Z G?M
Raun E Sarnuelson
Sanruelson Pump Co.
This test was conducted with the existing pump. This r.vell did not draw down at 2 gpmwith woirld indicate a total production *uit gieuter than 2 gpm. The existing pump
pumps to astorage tank. The existing pump will deliver 2880 gal7day. If you-have any
que.stions please call nre. Raun Samuelson at 970_g4I_6109.
P.O. Box 297 . Gtenwood Sprtngs,
Vlnter.$rzqfpmr o
CO 81602 o (970) 945-6309 o Fox (970) e47-q441
Srr/ec Qarrira 9, ln+*allrti:inn
Sincerelyl
FOTM NO OFFICE OF TFEJSTATE ENGINEERGWS-2s ^c.^qLoBApqptpistOlt _OF WarER RESOURGES818 centenniar Brdg., 1313 strerman si., o6nver,-iotoiaLr6-drlzos-- ' ! - --
(303) 866-3581
APPLICANT
WELLIE D TOMLINSON
3369 CR 313
NEWCASTLE, CO 81647-
APPROVED WELL LOCATION
GARFIELD COUNTY
NW 114 SE 1t4 Section 20
Township 7 S Range 91 W Sixth p.M.
DISTANCES FROM SECTION LINES
2540 Ft. from South Section Line
1520 Ft. from East Section Line
WELL PERMIT NUMBER
DIV. 5 WD45
276572
DES. BASIN MD
(970) 876-2200
TO Northing:
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permitdoes not ensure that no injury will occur to another vested water riiht or preclude another owner of a vested water right fromseeking relief in a civil court action.
2) construction details for this existing well have not been provided to this office; therefore, it is not known if the constructionof this well is in compliance with the water Well construction Rules, 2 ccR 402-2. rhe issuance of this permit does notrelieve the well owner of responsibility or liability in the event contamination of the groundwater source results from theconstruction or use of this well, nor does the State Engineer assume any responsibility or liability should contaminationoccur.
3) Approved pursuanl to CRS 37-92-6o2(g)(bxllxA), to use an existing well constructed on November 2, 1989, as the ontywell on a tract of land of 41.81 acres described as that portion of the E 1/2 of Sec. 20, Twp. 7 s, Rng. gl w, sixth p.M.,
Garfield county, more particularry described on the attached exhibit A.4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more thanthree (3) single family dwellings, the watering of poultry, domestic animars and livestock on a farm or ranch and theirrigation of not more than one (1) acre of home gardens and rawns.
5)
6)
7)
The pumping rate of this well shall not exceed 15 GpM.
The return flow from the use of this well must be through an individual waste water disposal system of thenon-evaporative type where the water is returned to the same slream syslem in which the well is located.
This well must be located not more than 200 feet from the location specified on this permit.
NorE: Expired permit no. 155459 was previously issued for the 40 acre lot configuration prior to the lot boundaryadjustment' The well was not constructed on the 40 acre legal, but is now part of the applicant,s tract, which is composedof 41.816 acres.
NorlcE: This permit has been approved for a well to be located 2,540 feet from the south section Line and .l ,520 feetfrom the East section Line' in the NW 114 of lhe sE 'l14 of section 20, Twp. 7 south, Rng. 91 west, 6th p.M., modifying ltem4 on the well permit application form' You are hereby notified that you have the right to appeal the issuance of this permit,by filing a written request with this office within sixty (60) days of the date of issuance, pursuant to the state AdministrativeProcedures Act. (See Section 24-4-104 through 106, C.R.S.) -Z;, ,/r"/"g
t'expr(n,oN
DATE M
L 1-'+-; s'*'J 7 COLORADO DIVTSION OF WATER RESOURCES818 Centennial Bldg., 1313 Sherman St., Ornr"r. Colorado 90203
PERMTT APPLtcATtON FORTU
() A PERMIT TO USE GBOUND WATER(x ) A pERMlr rs gsx5]nuci-n'vile'ir-
FoR: (- ) A pERMtT rO rrvsrar-r_J;,;til;"
zflev. 7 6
Application must
be complete where
applicable. Type orprint in BLACK
lNK. Nooveffior erasures unless
initialed.
RECEIVI
AU025t
t/uEn 8E&'unI/IIrErGfit
4B
( ) REPLACEMENT FOR NO.
n-:- i ---.
h)orHER t:^WATER COURT CASE NO.
( 1 } APP L I CANT;;fi;A;A;E;
FOR OFFTCE USE ONLy: DO Nb;
N^ME Wit..e D T*ti,u*l ^*",orfiP!/gU.--:', -STREET
crtrY D ist-
wFlre tN THIS coLUMN
_ j.:..:.: I
TELEPHoNE No. T?L-*?ad
{E,w)
Gr;ner's u,e! ! des! gn3qi gn
() HOUSEHOLD USE ONLY
I) APPROVID
i)}I A IF.ACI
()F STCIIO|I
I liUiif
F:iluifiislif, Xiiliff SdoI
fi r,iigl,ff;{Hlf,, ;!ffft ffi ifiif,\ff {;;ft[xii
'iriilf;
I
ptu*n
ilff,ii,fi ,iii,fi :!^ ff ilf i,f,ff r,fi'ifi;,ili*ti,ii* Iliitii;,,,r
GEG --"--'
9)zs/fr
APPLICATION APPROVED
PERMIT NUMBEB 1.5.5459
no irrigation (0)( ) tNDUSTRIAL (5)( )tBRtGATION (6)( ) MUNtcIPAL (8)
} OTHER (9}
DETAIL THE USE ON BACI( IN
--L4IDRILLER . 1__
R.L.,,p161,, Kuchler
OIAMONO CORE DRILLING
ROAD AOBING
DAM FOUNDATIONS
Louls W. Kuchler
EXPLORATION WOFK
PUMP INSTALLATION
Xf yTTo.N- MB, o AppRArsA L "H,i,H".,rn,#Sll"\F R yAIF E iilE il"d, ",",ic.
r s6G6(50 RoAD uo*r"osE ii .ir'oi --Ed.,
rr.X^4,.i1.800.423.0598cololeoowaren%
urex waren weir.@ il;o,
CONDITIONS OF APPROVAL
This well shall be used in such a way as to causeno material. iniury to. existing *ri# ,igntr. fn.tssuance ofithe oermit does not'assuiJ'the'applicant
lfili f. injury'wilt occur to another vested waternght or preclude another o*n"r-oi i ,Jiieo *ute.right from seeking relief in a cirii.orn"..tion.
(3) WATER USE AND WEM;E lilil{lJnlfil'$i,ii;ryif niq{ lijiiilfr
Proposed maximum pumping rate (gpm) t O Gp rq
Average annual amount of ground water ,to be approoriateO (acre+e xl, - -
- I j/t
Number of acres to be irrigated , - J
Proposed torat depth lte.i, I tO
Aquifer ground water is to be obtained from;ilritt Fili'fi if ,'[iil IHil,B[. f f X$6f l^ AIl, ls*lllgnED AccoRI]it{G I0 IHr
L't ft5 /-t s o ti rfl l5l}i rrrXliifiqif ' t,8l'ilru'Il'l;ifl fl;ilrf"il5idltii,fi]idilhifl",lfPlFTllt"pf_1[il1fi ilar. rrrr
ripi ffi ifl , ^ ?il1
uf
I urslli,'ff fffi i,t i ts +r#ffdlitiiim#i
t1) DOMESIC (tl( .) LIVESTOCK (2)
)coMMEltCtAL (4)
*rn,,
5 () %otthe NG zn,section &Or*p. Y *, ,"n. g t l!, C -4 p.r,r(N.Sl
AS IHE O}ILY I{ELI.
idilr?i rHE ilE ri
EXPIBATION DATE
Bick Kuchler
or", so v..n lr"rr.IiI'EJf,-E puafii.-
DATE ISSUED sEP 2 8 1989
tstffi-
Use the CENTER SECTtOrrr tf se"iion, 6+6'acres) for the welt tocation.
br, frfi ,wJ ! 1# Y *r; r ?F r hgf
Ar E
+-
I
f
I
+
I
+-+ -+--+--t-*+-+_1ioo ft. from
!<-- I MILE.5280 FEET
Ir,-rf-f-++t+to ft.from__ffi*_
LOT-BLOCK _FtLtNG *
sec. line
sec. line+
+-
tr+
+
+
+
-!-
+
--t-
suBDrvrsloN No*t =
tz)
LOCATED ^ 5----: Qwner: / C,lt4 L t,+.tjat)
No. of acres 4d . Will this be
the only weil on this tyact? 76<
(7y in.tromt I ft. to eo n.
=!1". trom i,C ft.to i ci a n.Perforated casing
Ult- in. from I o o tt. to ltd n.
in. from_ ft. to-..- ft.tst,
;it:
I
+
I NORf
--F-l1+++++++rll
-+-+-+-+-r--+--,
The scale of the diagram is 2 inches = 1 mileEach small square represents 40 acres.
+
I
+
I
+
I
It
f
+
I
+
I
+
I
+
I
I+
I
+
i+
i
+
WATER EOUIVALENTS TABLE (Rouncred Figures)An acrs-foot covers I acre of land 1 foor deep1 cubic foot per second (cfsl . . . 449 Satto;-per minure (gpm)
ii1[iii',: :,ii:,?.,ffi:?:"J ::tltm u,m;;L",* per vear
1.00o gpm pumped
"on,in,ou-rrv i;;;;;;##JJiL o.o, acre_reet.
(11) qETf ILED DESCRIPTION .f ,h. ,* of sround water:system to be used_
(13} THE APPLICANT(Si s^'jlflsl..rLr_ I1 E I 6 eTRUE TO THE BEST OF HIS KNOWLEDGE.
I-+-
(8) P
Legal descript ion: 9 No. of acres: l^d
Household use and dome wells must indicate Upe of disposal
(r2) oTHER *ATER
JvPe or right Used for (purp65s) Dpcnrinti^- ^+ t^^a^- ...L:-LhAI ft -v)tu
rur tPurpose' Description of land on which used' Ae . ,.. .tr-c
stcNAruRE or appldaur6)
Use additional sheets of paper if more space is required.
435 NOR?H AYEXUE
'
Reeived fmm:
Customer No-
4/to/a8
JOIIN C. KDPEART & CO.
6ftANil JUilIIION LAflOflAIOf,IIS
PHOIfE: (r70r 212-7att 0 FAr: c97(,) 243-7235 0 Gnaxo JuicrroR, CoLoRAoo at50t
-.-
_ ANALYTICAL REPORT _
Rick and Sharon Tomlinson
3369 County Road 313
New Castle, CO 81647876-2200, FAX 970-525-0725
6ro2 Yater
Laboratory No.Sample
Dale Received Detc RcportedLab number
Sample ID
Nitrate(N)
Nitrite(N)
Total Col iforo Bacteria
6to2
rATER
0.4r ngll
0.00 nell
0 colonies./100m1
Limits for Public Drinking
Water Supplies, CoIo.Dept. of Health
l0 nE,/ |
I ne/l
must be less than I
Lab Dir.: Brian S. Bauer
SEARS, ROEBUCK AND CO.SEARS TOWER
OM E R SU PP LI Eb-I NFORI/ATION
cHlcAGO, tLLINOts 60684
il+niEiltttilEcti
I":,)Ji'J Fii l^Yt'[EtI:, tJA rER r
!9!?R 9LEA R' C cL6F[ESs.oDoH IUO .TASTE IIIO o
srArNrNG IIUC 0;p LE f E .
PLUMBTNG ptfsfIC.
USAGE FAcroR 2 pEnSOAtS.
Fl_orv RArE Iilc0ipLETE.
INSTALLED EOUIPMENT LARIFIERIlR80lU FILTER r
c
cwArEH snrr,tT lr nMIVSIS
i* ii lFIr[iF iirr
YOUR HAPDT{EY0UR IRC'tJ IYOUR PF IS:YOUR DI SSOLVISUAL IIUSP
SS IS:e.
UED SOL I DS AR I''rcrlonr: ---silii
1 GRAIN PER GALLON 17.1 PARTS PER MILLION
f^ElIr_sgifilli AruD co.r ottz?826 GLEi, AVEGLtr{HooD sPei
Br6ol
SroRE PHoNE NUMBEH: I03_94S_AA ll
F: D. TOilL lfusotu3369 3t 3R0
[6n .AsrLE
303-8 76-2200
81647
EQUIPMENT RECOMMENDATION:
STARS KEi\Ii.iORt f XTR4 HI CAPACITY SCTItfuIR S 3c270 (75?7At t 0R LARGER.
LABORATORY COMMENTS:
I n
"
Yil: i ;5 i irEi:
iry;;r ffi f l ilf filgiui tift liifiiil' qsil;ul : Iss IjF'HAVT ffADE SPEHA IER OUALITYFoi'r,i*Yxiiti'6,n5.1?3*[ oloYo[Hn;IiEIiiiill,ir;if fl;,e;,;Ii'H'i oiHH*on,o
i i ff i; ;sr it i ;$, i I lrffi [r-i' ;s ir ;
-
ii* is u
; ;;l ei iPr: igr ri :
-;$le ilt ll il
"
i F!i:'i i ri:i ;q ifjfil:$Fiip 3r rii,rnri I lnr ;g$ir # iilr Ftu ui^lr I eiFF. ei, 0 Rqliqryi!t'ixE^scifrnf;i-diSuil*tl?orlifio[IIlr irArFR sriFirrrER REsr,,r I EDCL i Af\IEP .
Part No. 0580274
-lllXrt4. IrtilIrtflll,H l,[tl,l{fill#f F,f,,t ll{l H,l/ l{l,t I ll IReaeption#:743597
@2127|2AAA 11126.A4 An Jean Albericor or r r(ec Fee.g16.@0 Doc Fee:0.00 GARFIELD COUNTY CO
DECLARATION OF WATER WELL USE AND MAINTENANCE
THrs DECLARATToN is made this J i day of O.bn(fr h ty-\
2008, by and between Wellie D. Tomlinson and MaeBelle Tomlinson, Trr;;Sf th"J;;;id
Revocable Trust dated March 7,2001 (collectively "Declarant") whose address is 3369 County
Road 3 I 3, New Castle, Colorado 81647 5 .
WHEREAS, Declarant is the owner in fee of those real properties described as Lot
I and Lot 2 on the plat of the Tomlinson Subdivision Exemption, Garfield County, Colorado. Said
Lots I and2 are referred to hereinafter collectively as "the Lots"; and
WHEREAS, Declarant is the owner of a water well ("Well") located on a located on
Lot l, Tomlinson Subdivision Exemption, and permitted under Colorado Division of Water
Resources Well Permit No. 276572 for, inter alia, the domestic and irrigation use in not more than
three single family dwellings; and
WHEREAS, by this Declaration, it is the intent of Declarant to establish a regime
governing the joint use of the Well by the future owners of the Lots (the "Owners").
NOW THEREFORE, the Declarant sets forth the regime governing joint use of the
Well by the future Owners of the Parcels as follows:
1. The Owner of each Lot I shall be deemed to own an undivided one-
half share ofthe subject Well permit, Well, pump, fittings at the Well head, meters (whether existing
now or to be installed at alater time), pumphouse, foot valves, and any pipes or pipelines and any
other structures which are jointly used.
2. No Owner is deemed to have any ownership right in and to any pipe,
pipeline or other structure used or required solely by the Owner of another of the Parcels which may
utilize any portion of the water flowing from this Well and its structures. This Declaration does not
intend to relate to such individually owned or used rights or structures. Nothing in this Declaration
shall be construed to give any Owner any rights to such non-shared property of the other Owner nor
to obligate any Owner to pay any costs associated with non-shared structures.
3. The Owners shall cooperate with each other at all times in all matters
necessary to promote the proper construction, completion and functioning and use of the water
system in such manner as to provide to their respective uses an optimum water supply on demand
at all times possible based upon the natural availability of water. The Owners shall agree to not
waste water and to endeavor to use no more than their respective shares of the available water. At
this time it is agreed that no individual water meters must be installed. If at any time after the date
hereof, any Owner requires that meters be installed, then each of the Owners shall install meters at
their individual expense. Waste or over-use shall be deemed to be a violation ofthis Declaration for
which the non-defaulting owner may seek remedy at law or equity for damages or for injunctive
relief, or both. Inigation uses shall be limited to not more than l12 acre of lawn and garden irrigation
for each Lot. Unless otherwise agreed by each Owner, neither Owner shall use more than one-half
Li.i(-l..1., 1-.._ ,,,i:
]l ff 1 l[Ihlfi !{l{,Ful,ull,l'llf iH]lm, Hl llltl lil,ll I ll I
Receet ion$ : 743597
@2t2it2A@A 11:25:@4 AA Jean Alberico2 of 3 Rec Fee:$16.00 Doc Fee:0.@0 GARFIELD COUNTY C0
(l/2) of the water legally allocated to the Well (i.e., 7.5 g.p.m.). In the event the water physically
available from the Well is less than the legally available amount, then each Owner shall
proportionately reduce the consumption of same to the amount actually available. In no event shall
the Well be pumped at arate exceeding fifteen (15) gallons per minute. Any household use of the
Well water must provide for return flow through an individual disposal system of the non-
evaporative type, retuming the water to the watershed in which the Well is located.
4. Declarant shall be responsible for the initial cost of constructing the
Well system, pump house, 1,000 gallon cistem and any jointly used pipe lines. Following the initial
construction, the actual and continuing costs of operation, maintenance, construction, extension,
upgrading, cleaning, repairing and all other work required on shared components ofthis water system
to cause the water at the well to become and remain available to deliver water to the Owners shall
be shared by the Owners in proportion to their share in the Well. This Declaration shall relate only
to costs incurred after the date hereof. Electrical charges for the operation ofthe Well shall be shared
in proportion to the water allocated to each Owner. No operational costs will be charged to any
Owner until such owner actually makes a physical connection to the well and begins using water
from same.
5. Subject to the provisions in paragraph 4 above, any Owner who has
been using water from this system and at any time elects not to share in costs, necessary repairs,
maintenance, replacement and the like necessary to maintain the Well and deliver the subject water,
shall not receive water from the system. At such time as said electing Owner chooses to resume use
of water from the system said Owner may do so upon reimbursement to the other user the full cost
of said Owner's share of such expenditures with legal interest retroactive to the expenditure date.
6. The Owners agree to cooperate in the future maintenance, operation,
repair, replacement or improvement of all common facilities. In the event the Owners are unable to
agree on any required maintenance, repair, replacement or improvement, any Owner shall be entitled
to undertake the minimal maintenance, repair, replacement or improvement necessary and essential
for proper functioning of the common facilities. In the event an Owner determines to undertake such
work unilaterally, such Owner shall notii/ the other owners in writing. The Owner undertaking the
work shall, upon completion, provide the other Owner with a written statement of work performed
and the other Owner's proportionate share of the cost of same. In the event an Owner fails to pay the
proportionate share of any amount due within thirty (30) days after presentment, the Owner which
has paid such cost and expense shall be entitled to pursue any remedy available at law or in equity.
The Court, in its discretion, may award to the prevailing party Court costs and attorney's fees
incurred.
l. Declarant hereby creates and reserves permanent, non-exclusive
easements across the portions of Lot 1 designated as "Well and Waterline Easement" on the final
plat of the Tomlinson Subdivision Exemption, as necessary and sufficient the benefit of the Owner
of Lot 2, as a user ofthe Well, pump and common pipeline and treatment system and structures, and
also create and reserve a non-exclusive easement for non-shared or individual pipelines conveying
water to the respective Parcel over and across said "Well and Waterline Easement."
lll llFr l[trhllrltlll,[Hl,l|ll,l{11':lillilil1 H!1, l+ltlll,l -l lll
Recept i on$ : 743597
A2l2712@08 11:26:@4 Afi Jean Alberico3 of 3 Rec Fee:916.00 Doc Fee:0.00 GARFIELD C0UNTY C0
8. Each Owner shall agree to not interfere at any time with the proper use
by any other Owner of its interest in any water structure and shall indemnifu and hold harmless all
other Owner and users from any loss or damage or injury caused by the acts of said indemnifuing
owner.
9. The term hereof shall be perpetual.
10. This Declaration and the convenants contained herein are intended to
and shall run with the titles to those real properties described as Lot 1 and Lot 2 within the plat of
the Tomlinson Subdivision Exemption, Garfield County, Colorado, and shallbe binding upon and
inure to the benefit of the Owners thereof, and their assignees or successors.
I i. The laws ofthe State of Colorado shail govern the validity, effect and
construction of this Declaration
12. This Declaration may not be modified in any manner except by an
instrument in writing signed by the Owners of each of the Parcels.
IN WITNESS WHEREOF, this Declaration is executed this J.l day of
frl of ,2oot9 \f4*
Wellie D. Tomlinson Trustee of the
Tompid Revocable Trust dated March 7 ,2001
STATE OF COLORADO )
) ss.
COLINTY OF GARFIELD )
foregoing instrument was acknowledged before me on tuis !1 day of
Tomlinson, Trustees of the
Tompid Re Trust dated March 7 ,2001.
itness my hand and official seal.
My commission expir *,&ru:H\!Y
U,l uaffii ,2008, by Wellie D. Tomlinson and MaeBelle
Belle Tomlinson, Trustee of the
Tompid Revocable Trust dated March 7,2001
ffi;l^t?*x
i ---a.:1- :
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t ll ll I- ti:n:i-gii.ffi6n',":'F:"?e?66'EE*r,E,-o couNry c0
DECLARATION
OF
PRIVATE ROADWAY EASEMENT
AND
MAINTENANCE OBLIGATIONS
A
This Declaration is made this J I auy ofd_0_t10_U_,2008, by Wellie D.
Tomlinson and MaeBelle Tomlinson, Trustee, oftlo To*pia n""*uUf.ffirt dated MarchT ,2001
(hereinafter collectively "the Declarant"), owners in fee of that real property described as Lot
1 and 2 of the Tomlinson Subdivision Exemption, County of Garfield, State of Colorado.
I
RECITALS
The Declarant is the owner and subdivider of two tracts of land known as Lot I and Lot
2, Tomlinson Subdivision Exemption, Garfield County, Colorado and, by this Declaration,
intends to grant and dedicate joint and common rights to the use of a private driveway serving
the Lots, and impose on the Lots, as covenants running with the land, the obligation to jointly
maintain the driveway.
II
ROAD EASEMENT
SECTION 2.01
The Declarant hereby grants and dedicates unto the owner of Lot 2, Tomlinson
Subdivision Exemption, their heirs, successors and assigns, a non-exclusive 30-foot easement
upon, over and u.rorr, that portion of Lot 1, designated as an access and utility easement on the
piat of the Tomlinson Subdivision Exemption recorded in the office of the Garfield County
Clerk and Recorder, at Reception No..==-_-.-_--, for use by the owner of Lot 2, their
successors, assigns, agents, employees, tenants, guests and invitees, for a private access
roadway and utility purposes (hereinafter "the road easement") subject to the terms, conditions
and provisions hereinafter set forth.
SECTION 2.02
The term of the road easement herein grantedthall be perpetual.
SECTION 2.03
The costs of repair, maintenance, clearing, trash removal, snow plowing, and
other expenses of upkeep and preservation of the access easement shall be shared equally by
the ownirs of the Lots. Routine repairs, paving, clearing, trash removal and snow plowing will
be conducted from time to time, as may be reasonably necessary.
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Recept i on$ : 743598
A2l27l2A@A 11:25:04 AII Jean Alberico2 of 3 Rec Fee:$16.00 Doc Fee:0.0@ GRRFIELo CoUNTY C0
m
ENFORCEMENT
This Agreement and the terrns, conditions and provisions hereofmay be enforced
by the owner of any of the Lots, their successors and assigns, and in the event legal proceedings
are brought against any party for the purpose of such enforcement, the prevailing party or parties
shall recover from the non-prevailing party or parties all costs associated therewith, including,
but not limited to, reasonable attorney's fees.
The owner of each Lot agrees that, upon request of any ofthe other owner, it will
certiff from time to time to any person designated whether there are any breaches of this
agreement. If any party fails to respond to such a request within ten (10) days of the date of the
request, any existing breach of the Agreement shall be deemed waived by the non-responding
parfy.
ry
EASEMENT SERVICE AR-E,A
Use of the easements shall be restricted to access to and from Lot 2. The road
easement may not be used for the parking or storage of vehicles or equipment. The road
easement is subject to the dedication of utility easements set forth on the recorded plat of the
Tomlinson Subdivision Exemption.
v
UTILITIES
The Declarant has granted on the final plat of the Tomlinson Subdivision
Exemption, a perpetual, non-exclusive easement to use the road easement for the purpose of
providing utility service to Lot 2 or for the repair, maintenance, removal or replacement of said
utilities. All instrumentalities, lines, or facilities placed in the road easement shall be
maintained in a safe condition by the respective utility company or governmental agency. No
grantee of a utility easement under the final plat shall in the use, construction, reconstruction,
operation, maintenance, or repair of any utility in any way unreasonably obstruct or delay the
use of the roadway easement granted herein.
VI
SPECIAL USES
Under no circumstances shall road access be denied to or from Lot 2 over and
across the road easement for emergency vehicles, maintenance equipment, and government
officials while on official business.
VII
SUBSEQUENT OWNERS
The easement granted herein is appurtenant to the respective Lots in the
Tomlinson Subdivision Exemption and such easement may not be transferred, assigned or
conveyed apart or separately from the respective Lots which benefit from the easement.
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Receot i on# : 743598altzl tzaaa 1 1 :26: 04 Al'l Jean Alberico3 of 3 Rec Fee:$16.00 Doc Fee:0.0@ GARFIELD COUNTY C0
All provisions of this Agreement, including all benefits and burdens, shall run
with the respectiv; Lots subject hereto and shall be binding upon and shall inure to the benefit
of the heirs, assigns, successors and personal representatives of the Declarant, subject to the
provisions hereof.
IN WITNESS WHEREOF, the Declarant has executed this Declaration as ofthe
day and year first above set forth.
Tompid Revocable Trustdated March 7,2001
STATE OF COLORADO
COTINTY OF GARFIELD
)
) ss.
)
The foregoing instrument was acknowledged before me on this 31-day of
LL- , iOOg, by Wellie D. Tomlinson and MaeBelle Tomlinson, Trustees of the
e Trust dated March 7 ,2001.
itness my hand and official seal.
My commission expir "xfu?I4Jo\ t
wallid D. Tomlinson Trustee of the B'elle Tomlinson, Trustee of the
Tompid Revocable Trust dated March 7,2001
ltt\ LtL
Tompid Revoc
ffi#,q
W;l'#
DBCLARATION OF PROTECTIVE COVENANTS
TOMLINSON SUBDIVISION EXEMPTION
Garfield CountY, Colorado
THIS DECLARATION OF COVENANTS is made and entered into by Wellie D. Tomlinson
and MaeBelle Tomlinson, Trustees of the Tompid Revocable Trust dated March 7,2001.
WITNESSETH:
The undersigned, owners in fee of that real property described as Lots 7 and2, Tomlinson
Subdivision Exemption, Garfield County, Colorado, desire to subject and to place upon said real
property certain covenants, conditions and restrictions set forth herein, for the purpose of protecting
the value and desirability of said property, for purpose of furthering the development of the property
and in order to comply with conditions of approval of Garfield County for the Tomlinson
Subdivision Exemption.
NOW, THEREFORE, THE UNDERSIGNED hereby declare that Lot 1 and Lot 2,
Tomlinson Subdivision Exemption, shall be held, sold and conveyed subject to the following
covenants and conditions:
ARTICLE 1
Pets
Not more than one dog of any age or breed shall be kept upon aLot at any time. When
outside, all dogs and other pets shall be leashed or restrained within an enclosure. In the event this
covenant is violated, the owner in the Lot not in violation may take such action as is reasonably
necessary to correct the violation, including injunctive relief for the removal of any pets creating a
violation of this covenant.
ARTICLE 2
Fireplaces
No open hearth, solid-fuet fireplaces will be allowed on any of the Lots. One (1) new solid-
fuel burning stove, as defined by C.R.S. $ 25-7 -401, et seq., and regulations promulgated thereunder,
shall be permitted in a dwelling unit. Dwelling units shall be permitted an unrestricted number of
natural gas or propane buming stoves and appliances.
I
ARTICLE 7
Individual Sewage Disposal System Maintenance
The owner of each Lot shall perform on the individual sewage disposal system serving the
Lot such routine maintenance and repair as is sufficient to allow the system to perform in good
working order, including, but not limited to, pumping the tank every two (2) years.
ARTICLE 8
Fire Protection
Addresses shall be posted where the driveway intersects the County road. Letters shall be a
minimum of 4 inches in height, Yzinches in width, and contrast with background colors.
Driveways shall be constructed to accommodate the weights of emergency apparatus in
adverse weather conditions.
Combustible materials shall be thinned from around structures so as to provide a defensible
space in the event of a wildland fire.
ARTICLE 9
Enforcement / Homeowner's Association
The undersigned declare themselves to be an unincorporated non-profit homeowners
association pursuant to the Colorado Uniform Unincorporated Non-Profit Association Act, known
as the Tomlinson Subdivision Exemption Homeowners Association for the purposes herein stated.
The Tomlinson Subdivision Exemption Homeowners Association shall be responsible for enforcing
these Protective Covenants. If, however, the Homeowners Association fails to take action, these
covenants and the terms, conditions and provisions hereof may be enforced by the owner of either of
the Lots, their successors and assigns. In the event legal proceedings are brought against any party
for the pu{pose of such enforcement, the prevailing party shall recover from the non-prevailing party
all costs associated therewith, including, but not limited to, reasonable attomey's fees.
ARTICLE 10
Governing Law
This Declaration shall be construed and governed under the laws of the State of Colorado.
ARTICLE 11
Severabilitv
Each ofthe provisions ofthis Declaration shall be deemed independent and severable, and the
invalidity or unenforceability or partial invalidity or partial unenforceability of any provision or
portion hereof shall not affect the validity or enforceability of any other provision.
ARTICLE 12
Term of Declaration
Unless amended, each and every term, covenant, condition and restriction contained in this
Declaration shall run with and bind the land, and shall be effective for a period of twenty (20) years
after the date this Declaration is recorded, and thereafter shall be automatically extended for
successive periods of ten (10) years each, but may, at any time, be amended or terminated by
unanimous vote of the owners of each of the parcels within the Tomlinson Subdivision Exemption,
with the approval of the Board of Commissioners of Garfield County, Colorado as to those terms of
this Declaration required by the Board of Commissioners of Garfield County during the subdivision
exemption approval process.
ARTICLE 13
Bindine Effect
This Declaration shall be binding upon and inure to the benefit of the Declarants and their
successors in interest and ownership of Lots I and2, Tomlinson Subdivision Exemption , and to any
person or entity having any right, title or interest in either of said Parcels, or any part thereof, their
heirs, personal representatives, successors and assigns.
IN WITNESS WHEREOF, the undersigned hereby state and declare that the foregoing
Declaration of Protective Covenants for the Tomlinson Subdivision Exemption shall be effective this
.21 aayof ifril ,2008.
DATED this -l t day of ,J , r r- , I ,2008.
Lt !(!u}(t (', '
Wellie D. Tomlinson Trustee of the
Tompid Revocable Trust dated March 7,2001
4
lle Tomlinson, Trustee of the
Tompid Revocable Trust dated March 7,2001
STATE OF COLORADO
COI.INTY OF GARFIELD
The foregoing instrument was acknowledged before me on this 2l day of
A n. , \ , 2008, by Wellie D. Tomlinson and MaeBelle Tomlinson, Trustees of the
r"-pT-n.r"*ur" rrust dated March 7,2001.
Witness my hand and official seal.
My commission expires: /{0 rc m ber O ) r 20 I I
)
) ss.
)
f.,q$6*t'tr.a{
Wf,tHW
BEGINNTNG AT THE C/e CzRNER OF SAID SECTION 20; THENCE N89'54'00"8 1112.66
f;EET; THENCE Noo'to'16"w 585.00 rEET; THENCE N89'54'00"8 208.00 FEET; THENCE
NOO'1O'16"W 732,85 FEET; THENCE .t89'53'34" 1322.47 FEET; THENCE 500"15'00"8
Ig17,69 FEET TO THE POINT OF BECTNNTNG. SAID PROPERTY CONTAINS 37.187T /CA.E'S
AS DESCRIBED.
COUNTY OF GARFIELD,
ST.ATE OF COLORADO.
LOT 2
LOT 1
A PARCEL OF LAND
RANGE 91 WEST Of
.A PARCEL OF LAND
RANGE 9I WEST OT
BEGINNING AT THE
FEET TO THE TRUE
N00'10'16"Y 585.00
FEET TO THE TRUE
DESCRIBED,
COUNTY OF GARFIELD,
STATE Of COLORADO,
( IN FEEr )
1 inch : 100 ft'
SITUATED IN THE SWl/t Nfl/t, SECTI)N 20, T)t{NSHlf 7 S1UTH'iii orn p.M. BEING fuom PARTICULARLY DEScRIBED AS FoLLov:
SITUATED IN THE SWt NE/t, SECTI)N 20, T0WNSHIP 7 SOU:TH,iit orE p.M. BEING MIRE PARTICULARLY DESCRIBED AS FoLLIv,
C/e CORNER OF SAID SECTION 20; THENCE W 89'54'00"8 1112'66
POINT 0F BEGINNING; THENCE N89'54'00"8 208.00 |EET; THENCI
FEET; THENCE SAg'54'OO"V 2O8.OO FEET; THENCE 500'10'16"8 58C
POINT OF BEGINNING, SAID PROPERTY CONTAINS 2.793* ACRES A
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121,680 sq. fi.2.793t acres
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IAHN -4AID JL; }iE S,TLIART ROCERS
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1645 County Rood 311 ' New (
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426 r'''
Reception No.
Recorded at....IT,-Y l (j
Tgrs DEED, Made this day of
1e .betweer--JoHN S. ROGERS and JUNE A. ROGERS,
husband and wife
,.)z*-*-r-
k une A.
RECORDDR'S STAMP
iylAY I 61977
slrTt 00culltNTA[I ftt
U.S. Air Force Academy, Colorado Springs,
of the County of 'El PaSO and Staie of
Colorado, of the first part, and
WELLIE D. TOI{LINSON and },IAEBELLE E. TOMLINS0
140I South Zuni, Denver
of the County of DenVef and State of Colorado, of the second part:
WITNESSETH, that the said part ieS of the first part, for and in consideration of the sum of
TEN DOLLARS AND OTHER GOOD AND VALUABLE CO}ISIDEMTION- .UAII,A
to the said part igS of the first part in hand paid by thc said parties of the second part, thc receipt whereof is
hereby confessed and acknowledged, ha 1rg Branted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm unto ihe said parties of the secr.rnd part, their heirs and assigns forever, not
in tenancy in common but in joint tenancy, all the follorving Cescribed lot or parcel of land, situate, lying and
being in the {County of Gar f i e 1 d and State of Colorado, to wit:
SWZNE,4, Section 20, Township 7 South, Range 9l l^lest of the 6thP.M., excepting prior mineral reservations of record and togetherwith a one-eighth interest in the Guthridge and Guthridge DitchI{o. I, and the Guthridge and Guthridge Ditch No. 2 from June Creeand other ditch and water rights appurtenant to or connected tosaid lands and together with an easement for ingress and egressover the road in place in place and in use and between the abovedescribed property and the County Road in the NEt, Secti-on 20,
Township 7 South, Range 9l West of the 6rh P.I{.
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, the reversion and reversiong, remainder and remainders, rents, issues and profits thereof; and all the
estate, right, title, interest, claim and demand whatsoever of the said part iesof the first part, either in law or
equity, of, in and to the above bargained premises, with the hereditaments and appurtenances,
TO HAVE AND TO HOLD the said premiaes above bargained and described, with the appurtenances, unto the said
partiesof thesecondpart,theirheirsandassignsforever. Andthesaidpart lgg of thefirstpart,for t
sel ygg theif heirs, executors, and administrators do covenant, grant, bargain and egree to and with
the said parties of the second part, their heirs and assigns, that at the timo of the ensealing and delivery of these pres-
ents they af evell seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible
estate of inheritance, in larv, in fee simple, and ha yg good right, full power and lawful authority to grant, bar-
gain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former
and other grants, bargains, sales, liens, taxes, assessment and encumbrances of whatever kind or nature soever.
except the L977 general property taxes and easements and rightsof way of record or in use and patent reservations of record.
and the above bargained prernises in the quiet and peaceable possession of the said parties of the second part, their
ireirs and assigns, ag:rinst all and every person or persons lawfully claiming or to clairn the whole or any part thereof,
the said part ieS of the filst part shall and will WARRANT AND FOREVEIa DIJFEND.
tL
l/ :CfQ . l/ii t1
Rogf/s, husbandV
CL. 4_J_.c,3*,r-,=:!
Rogers, wife,
NO. 921. WABBANTY DEED To Jolnt Tcnant!. ,-Bradford publishing Co., 1824-{6 Stout Street, Denver, Cotorado tE?a.s0lt) -tO-?6
t4
hfl OUIT CLAIM DEED
THIS DEED. made 1116 ,!, H, day or' , flr,u-. ,2oQ7.between JUNII ANDJ6I{NSTUART ROGERS FAMILY legl TRUSI'oi'tn"tililrl,ur;rb;_,,du anct rhe State ofDrur\r\r r(u\rEr() rAvlILY l9.)l IRUSI ol the County o[&%,,e"Drz and the State ofCalifornia, grantor. and WEI-LIll D. 'foMt-lNSoN and MAiiBELI-ti E. 'I'OMLINSON as -l'rusrees
ofthe Tompid Revocable'I'rust dated March 7 ,2001, whose legal address is 3369 County Road 3 13,New Castle ,81647 of tlie county of Garfield and State ol'colorado, grantee
WITNESSETH. that the grantor. for and in consideration of the sum of Ten ($10)
dollars and other good and valuable consideration, tlie receipt ancl sufficiency of which is hereby
acknowledged' has remised. released. sold and QUIT Ct.AIMlrD. ancl by these presents does remise,
release, sell and QUIT CLAIM unto the grantee, its successors and assigns, fb..u"., all the right,
title. interest. claint and denrand which the grantor has in and 1o the real property. together with
improvements, if any, situate. lying and being in the County of Garf-ield and State of Colorado,
described as lbllows:
A PARCIIL OF LAND SITUAT'ED IN SEC'|ION 20.'fOWNSHIP7 sotl'l-ll" RANcti 9l wtlsr oF T'HIt 'ilt PRINCIpAL
MERIDIAN. BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT T-t{E c l/4 coRNIrR oF SAID srrct'toN 20.
THENCE N89O54'OO" E 9)0.66 FEET TO I'HT] TRUE POINT OF
BEGTNNING; TI-IENCE N89o54,00,'E 400.00 FEET; TI{ENCE
S00'10'16"E 200 F'EET; THENCE Sg9o54'00"W 400 FEET:
]'HENCE N00"10'16"w 200 FEEI- 'ro l'HE ]-RUE porNT oF
BEGINNING.
SAID PROPER]'Y CONTAINS 1.837+ ACRES AS DESCRIBED.
The purpose of this deed is to accomplish a boundary line ad-iustment between Assessor's parcel
Numbers 239921 3000 I 2 and 23992010001 3.
TO IIAVII AND 1'O IIOLD thc sarnc, logcthcr with all and singular rhe
appttrtenances and privileges thcrcunlo belonging or in anywise thcreunto appertaining. and all the
estate. right. titlc. itrtcrcst artd clairtt wliatsoevcr', o1'the grarrtor. cithcr in law or cquitf,, to tlie only
proper r-rse. beneflt and bchoof of tlic grantec. its successors ancl assigns florever.
above.
IN WITNESS WIIEREOF. the grantor has exccuted tliis dee<J on the date set forth
STATE OI,- CALIF'ORNIA )
) ss.
COLNTY OF )Ta,ursc*q s )
1-lie fbregoittg instrutnent was acknowleclged betbre me on tlri, #' day o[
Nsri""-h"r-2007. L'rv.lune Anita Rogers and John Stuart Rogcrs. l'rustees of the.lLure and John
Stuart Rogers Family 1992 '['nrst.
Witness my hand and ofllcial seal.
My ctrnrrrrission cxpirct: 1- Za- o7
coru*rcnr t!r7tc,ibady?rarc.C*of
ttdttqlCorrf,
Mycdrm. &ptrJrr2C.
,<. ?-r>".-u-"^-
"*1 tluRNII\G ivr{- Ivl'AtNS h-tRE PRo't'lic'
Brit C. McLin
Chief
)N tltsTRlc'll
Phone (970) 876-5738
Fax (')7U) 876-2774
F.- i\la i I bu rrt i rtu,rttttu nta i rtsclrie tiri; ltt stt. com
6l I Main St.
PO.Box2
Silt. CO 81652
l7 November 2006
W.D.'l'omlinson
-1169 County Roaci 3 l.i
Nerv Castle CO
I i647
N4r. "['omlinson.
Per oul cliscussitrrr rlris ilav regarcling your-l)r()lx)scd subdivisirln ott County Road
.i l3 the lake on sitc iitrs enrrir:r,ir storage capacity arr<1 access itl piovide adequate water tbr
lire supl>ressiott ttltcrat iolts
lll can tre ol'anv heip in the lirture. please don'l hesitate to contact lrle
Brit (1. Mclin
*rtt:335
;,u.autri. Z I azyot 41!ia.,27, /-,<z*
,ca ---JAI{ES K. HOFFMEISTER", a marri_ed:, ROBERT,'L.' UOFII}IEISTEI], a marriedi, CARLETON E. HOFFT{EISTER., a narried oeS- HOFFI{EISTER, a married'oerson, as in-
BECORDER'S STAiIP
l-
or rnJ
grn Eflrrll., tII
r,ral;-_ls and as trustees; and CitRrtL[S .q,,a married Derson.
Cooty of ^ Carfielci ard srrrc otd'S.firrt p.rt, rrcd
S. ROGERS and JUitE A. ROGERS-
,..S.F-:f-f*.ieff-tho fiEt P,rrt ir hsnd prid bv the uid panies oi lhe seond parr. :hc ra.eipt r.hereof ir
.,!I}SY rd rclaorlcd3rd, lre vegrart d, bergained, soid and conveyql, and br. these presenis doCIFPB Ertli!' dI, ooqvay rDd coDr':'ra uato the said parties of the wc.nd p6rt, their hein a:iu assigns forever, notIli'liialrtiacouuoabEtisroitttao:.ncy,ellthelollowinrdexribedlot5 orparcel s uf la:j4.sriuat€.. lj_ingandligiS:6o c*";; -Eiiii"La*^^*';;*;.
iiiolo..o".,^ *.,..'itre East one-half (Et) of secrion Twentv (2c), Tor.rnshi- S:r,en (7).S:.!\, Range t{inerv-on.e (_91) Wesr of rf," ii"ir", lO.n> ..:-:.:rci-:aL
r I'teridian" together rvith rhe Gurhricice and ,;uinria," li...r. 'rn rand the '-;uthrid.ge and cuthridqe Ditch i,To. z rro,r-jJn"-i=.,.,,l' ',riir.,
al-I r^7atet:r,_ priorities .and_ adjudications belonqinq there:o , :;; -"
tlI other ditches and ditch aid water rii,hts aD,)u?tenani ic r)iconnected with said 1ands.
south:resE cuarter (s-r^It) cf llorth.ves! ouarter (N.r,r-l); \resi, lrarf(I{t) or souchr+esr 9g_qi!"i-is-ilii; Sourheast rluiirer (s:r.) ersourhrvesr ouarrer (sr.p), s.j"irir"".-G;;;;; iffii1 "*. sou:ha:asr:Qgarter (Str.1'.; of Section _lraenty-one (2I) ; :,oittreasr ltuarre:- 1.lEa).of section Twenty--eight (2s), -tovm-chio Serren (7) South, :r-a.e.euinety-one (9r) ivest'.of rhe- sixrh principai rterioian, .o,.,i.i,-rinq360 acres of land, more oi r.i",-'.;;;;.;i;:i-.o"ifr" Governnenr:flurvey thereof together wirh one-third rnr"iusi--in rhe lenierSEevens Ditch iiS2Ar^prigllty i!,tzgA i" rn"-llitii oirrricr ;l+45,dating es^g_f Jun-e_ 2c, 1?03,'ri"o rhe van i{orn Dirch r.,1, bein,rnumbered 8rB in t[arer Disrricr #a5 ind-ir;-d;c;;;;--prioriii"r,irzse.:dating 3s of- |,tay 2r, 1903, for 36 cu. f;.-"f-;;fu, ,r". minure of
-time; aiso rhe va? Florn Ditch /,a2, bei,g ";;.;;;-ird-i""iv";;; "''Districr /145 and irs decreed piiority #iian-i.i-2.+ cu. ri.-.ryaEgr per nlnute of rime absolutely inb 72 co. fr. adcitional.,dating a_s 9f June 9, 1905, and all'ditch.r'rJi"iu, riqhts ro saidditches belonging.
!.E?!Et Section 2L, Tp. 7 S., .\.. 91 r,r., 6th p.l{.
EXCEPTIIIG $iD_ RESERVII{G ali uranium, thoriun or an.., orher,.:4gte.r.ia1 which is oI may be detennined to be oeculiarl.r--essential!o the rrroduction of fiisionable marerials "" r."!ii"j'ii"i"""--^iat-ent-dated i{ovember 14, 1.951, and recorded },rarch 5, Lg54, i,,Bogk 275 at Page 395.
EXCEPTII{G AI{D RESE.1VIIIG unro rhe Firsr parties a one-half (t)interest in all oil, gas andrnineral rights Eo the above describedparcels.
]fith 8u and singula.r the hereditaurents and sppurtenarces thereurto 5elongins, or in anywire
l.,t:.-y:* and :everaione, remainder_aod i"-a;nders, re.nts,.isaues snd profits thereof; andil.tjiiill..r.rl:,:1i,:-:., .-.-. - --: --.--*-..e, .l,..ryqe..sq tc,"r,rlseb, re,nEr.la8ue8 alnc plortts thereofi and
ifffi:+j* "o-"'."ft
rt claim and de.ncand wlatsoever of the said pa*i€s6f the fimt part, either ini'e.gtryyi:9ri ,nJard to the above bargained premiaea, with the hereditamenta anri appurtenances.
with the sJ;:FBitiei of Ure seconrl part, their heiis and assigas, that at the time of the ensealing aad delivery
rest presen6;: they are well seized of the prenrises above conveyed., as of good, sure, perfect, absolute
.Ua.t"""itti:e"t tb.bf inheritance in law, in fee simple, a.nd ha Ve good right, full power ud lawful authority
'sell and convey the sme in mamer and form aforesaid, and that the same ane free and clear from
b'rmt$:aiatOf,Uer.g:rants, bargsins, sales, liens, taxes, assessments and incumbrances of whatever kind or nature,
r';+t<C.-e.pt:, Ehe L976 g,enelal propertv taxes, patent reservations ofr'dnd rights of way for county roads of record, in Dlace, orj end an oil and gas lease recorded in Booli 433 at Page 493 in
Ehle"i:office of the Garfield County Clerk and Recorder and any
5$,'Sf:gilinents thereof , the rents oi: which the first parEies shall bet,tled to receive ';hrough June 15 , L977 .
abo.pe bargained premises in the quiet md peceable possession of the said parties of the scond part, t.heir
i;ttni- esgigxls, agalnst all and every person or persons lawfully claiming or to claim the whole or any part thereof,
n!-lliriii;prrties of the fimt part shall md will WARRANT AND F'OREVER DEFEND.
::.t-llN wniliEss WEEREOr, the said part s of the first part ha vB hereunto set t}:eir hand s and
S thc dayand yearfirst above $r'itten.
Ro ert
t.
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sEeL'.t'-
:= :\. .l--
ter,.....,tsEALl
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and asSTATE OF COLORADO,
County of /,o 4, /r/
i o S'. lJ.,/fa. ,r*,t h;
h .tir,
uo.-'l'r,;r"1.-. -i.. i/--v,i,.
&"2 /"i tf t.t *i
'ipidoq * ir.ni. L^'l&rt !u. o. aur i il lry Fruu retiac tB EDE ltrtiE or olliclrl qprciU oiii'ittc*lq.fEt,
pCa.u s ddtof. .tlong-iDfsct s oth.r sp.civ or d6r'dDtion: it bt otfier of @rroniio, t[{ iEt I.s ol nA
tlL'Dulil.lt or c{f,c ollla ol Nc[ Wti6,nuir lL
d
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Application must
be complete where
applicable. Type orprint in BLACK
lNK. No ovffiGor erasures unless
initialed.
(1) APPLtcANT;;fi;;m;G
NAME
STREET
COLORADO DIVTSION OF WATER RESOURCES818 Centennial Bldg., 1313 Sherman St., Denver, Colorado g0203
PERMTT APPLTCATTON FORtu!
I I 4 rylMtr ro usE GRouND wArER!xl A fEBMrr ro coNSrRUcr A wi'ii'( ) A PEBMIT TO INSTALL A PUMP-_-
RECEIV
AUB25
UAIER 8ES'UI8d[roicll{qa
FOR OFFTCE USE ONLy: DO NO;COLUMN
"rr.Y
TELEPHoNE No. 8 ? L_ 7?-od
Dist.
Proposed totat depth (te.t): . ltO
Aquifer ground water is to be obtained
C\*ner's r.,,el I desi gnaticn
I MUNICIPAL (8)
) oTHER (9)
OETAIL THE USE ON BACI( IN
( ) HOUSEHOLD USE ONLY - no irrigation (0)(16) DOMESTIC (r)i\i riv'eilbc"r 'rzr I i lHfilflf,dr.,,fi{ ) COMMEIICIAL (4) / r nrr rlr,^,6^, ,^.
tt'1
I
1.554,59
SEP Z 8 1989
DATE. SEP281991V-c.W
ccr.ollooweren@
wex wmen wer.r_ ui@E!E6i
a"""iprrt?9!_a___)
Basin
This well shall be used in such a way as to causeno material iniurv.to existins *ri.i ,ishir."i;; ..
issuance of.the permii d;;;;i';;;'the appricantthat no injury will occur to another vested waterright or prectude another "il;;;; ,J.tra *rtu,right from seeking relief in i.irii.*n""action.
I $8Uiif
[:f luif,ii#fiiiriii,8ligl
i:iiiff U:rii{}nlh'li,#;ry#ryq{ qjiiil$ iiltr inr iri}
li,**niiif ,ff;ryplfiptrft ,ffi#giffi gi[xiiTdfi lf;ptubI,,,
i!trffi ,i;,;itr:i^ ffixliif ,iniii'iii:,i:ii;l{t;i;h lljitii; ur
idlti5fii,'frifn:trtiliflnfuiFii{iiirlituf ilTtiqiisfi:qirr,{i. "'
iipiffi ril,'?lll ulr
ulsf l;,tlr, l,;j,ti##'##flidilhflilfufi
GEG ---'
9)z;/ sl
APPLICATION APPROVED
PERMIT NUMBER
DATE ISSUED
EXPIBATION
CONDITIONS OF APPROVAL
gplplETI pt!.pt_1iir-iiefr "itrii. "'THr
*un,t
5d %oftne NG %,Section AOr*p. I f,^,n. 1t!, G-4 p.u.(N,Sl iE.W)
(3) wArER usE ANp wELG;ia l)
0il
t)F
Proposed maximum pumping rate (gpm) / O e p 4
Average annual amount of ground water t Itto be appropriated (acre-feet): I ll
Number of acres to be irriqated I
Louls W. Kuchler
EXPLORATION WORK
PUMP INSTALLATION
Bick Kuchler
over s0 yoarE.AvalhIiiE]ifeipurtunc.,o .S-tlS .orrr" ?3'
LOCATION(5)EP
must be inoicateo onlE6 diagram below.
ru)
by distances from section tines.-Use the CENTER SECTION (1 section, 640 acres) for the well location.
2,C", ft. rrom Norttg
and the area on
+- +
If+
I
+--l-
I
IF+ffl *
I
+--t-
I++
I-l--+
suBDrvrsroN No*s+
(7t TLOCATED 5
-a:--:=
Owner: / Ot'4 L L*tiat)
No. of acres lLD Will this be
+
I
+
I
+
I
+l
-+-
+
+
+
-{--
+
--f-
+
_t_
-_--T_--_r
M,LE, 5280 rEer __yl+-+r
rrH sEcrroN L'NE IffiT--r r>i,l?,lX, lEts-lrlg
i-r-l;
oul'uo,J t
I
I
llrrr_1-rl
--f-1---r-
+
-1
+
+--
!<_+{
I
rN(lTl+-+JlzllolEH
uJlollFl iolurl3l--+t,t,so
I++
I+-+
lnortn or soutn)sec. line
sec. lin€l+l_rs rt.rrom_...#
LOT-BLOCK _FlLtNG *
the only weil on this tfact? ytl
(s) pRoposeo casrrvc pnocnaM
Plain Casing
( Vt i". from a / rt. to eo ft.
-i'? . *. trom iC ft. to i i d n.Perforated casing
U?t- in. from I o o n. ro ltd n.
in. from _ ft. to=- ft.
(9) FgR REPL4CEMENT WELLS si,edislnc"ano orrectron trom old well and plans for plug,gingit:
The_scale of the diagram is 2 inches = I mile
Each small square represents 40 acres.
WATER EeUIVALENTS TABLE (Rounded Figures)An acre-foot covers I acre of land I foot deep1 cubic foor per second (cfs) , . . 449 garroni-oer minute (gpm)A family of 5 wiU reouire aop_roxin,"tirv i aclJtooi'Ji"*u.", per year.1 acr^e-foot . ., 43,560 cubic'feet. . iZ'S,'SOO;;ffiJ' "
r,uuu gpm pumped continuously for one day piroduces 4.42 acre-teet-
(10)
O*nur(rl,
Legaldescription: 3t,>lfa Nt% 5c.- 4-t TV- 6n-
No. of acres: 4(D
(11) DET:AILED DESCRIPTION of trre use of sround water:syrtem to be used-Household use and domestic wells must indicate typ€ of disposal
I
-+-
llt
rll,lX
(12)
Type or right Used for (purpose)
;:".'"";'Hl(
Description of land on which used
X-€Ltt-o
(13) THE APPLICANT(S)STATE(S) THAT THE
OF HlS KNOWLEDGE.
INFORM,ATION SET FORTH UENEOIV ISTRUE TO THE BEST
SrGNATURE or applrcaurdi
Use additional sheets of paper if more space is required.
Jan 11.2008
To: Garfield County
Building and Planning DePt:
108 8th St, Suite 401
Glenwood Springs, C0 81601
For: Craig Richardson
Per your letter dated Jan4, 2008
Enclosed #!: Copy of deed from senior Carlton Hoffmeister to the sons,
James K., Robert L,Carlton E, and David Hoffmeister
. Dated 11 September 1970. Book 423, Page 148
The Hoffmeisters sold this property to John and June rogers
on Nov 3, 1976. Reception 275135 Book 489 Page 935.
Reference Paragraph #3:
The water source is being taken care of with the Colorado Division
of Water Resourses in Denver . PHone # 303 866-358
attn: John Toberest
RespectfullyM
Wellie D.-Tomlinson
JAN i 4 2008
illltil illlt llllll lllr illll lllil lrFEt lil lllilllll llll
590951 lO/31/2OOl 02:39P B12g- P654 l'l RLSD0RF
1 of 1 R 5.00 O O.OO GRRFIELD COUNTY C0
Affidavit for Property
Held in Trust
State of Colorado )
) ss.
County of Garfield )
The undersigned, being of lawful age and being first duly sworn, upon oath deposes
and says:
1 . Each of the undersigned affiants is a trustee of the trust named below
and has the authority to execute and record this affidavit.
2. The trust is in effect on the date hereof. The name of the trust and the
date on which it was executed are:
The Tompid Revocable Trust dated 200 I
3. The name(s) and address(es) of the current trustee(s) are:
Wellie D. Tomlinson, 3369 CR 313, Newcastle, Colorado 81647
MaeBelle Tomlinson, 3369 CR 313, Newcastle, Colorado 81647
4. Any one of the trustees are authorized to act alone on behalf of the trust
in any acquisition, conveyance, lease, sale or other dealing with an interest on
property in the name of the trust. Each of the trustees is authorized to exercise such
powers, without limitation, and each trustee has also been given authorization by the
terms of the trust to exercise all powers contained in the Colorado Fiduciaries' Powers
Act.
5. This affidavit is executed by the current trustee(s) pursuant to the
provisions of Section 38-30-166, C.R.S. 1973.
This instrument was acknowledged before me on 1o/obzt l0
Wellie D. Tomlinson and MaeBelle Tomlinson.
and official seal.
Ylln ^a' tL/u,/
&Nt
'2:OO0, by
qL,
C:
Witness
gbtboof
iotary Public
,|,1lllll lllll llllll llll lllillllll ruililillll luul
"z sgogglitotgttzagl o2t41? BLi )psss I'l RLSDoRFI ol 2 R 10.OO D O.00 GRRFXELo C0UNTY C0
STATE OF COLORADO, I
County otGati,ulU I ss.
The foregoing inrtrr.rrnffi,uFu. u"k*wtedged before me this@day of )dilhlL ,9, by wettie D. Tomtinson
and MaeBelle E. Tomlinson.
OUITCLI\IM DEED
CORHECTION DEED
THls DEED made this fC day ot 0C h,lLl' ,2001 between
Wellie D. Tomlinson and MaeBelle E. Tomlinson
of the County of Garfield and State of Colorado, grantor, and
Wellie D. Tomlinson and MaeBelle Tomlinson as Trustees of
The Tompid Revocable Trust dated 3 i t lzc'c (
whose legal address is 3369 County Road 313, Newcastle, Colorado 81647
of the Countl, of Garfield and State of Colorado, grantees,
WITNESSETH, That the grantor, for and in consideration of the sum of ten DOLLARS the receipt and sufficiency
of which is hereby acknowledged, has remised, released, sold and OUITCLAIMED, and by these presents does remise,
release, sell and OUITCLAIM unto the grantees, their heirs, successors and assigns forever, all the right, title, interest,
claim and demand which the grantor has in and to the real property, together with improvements, if any, lying and
being in the County of Garfield and State of Colorado, described as follows:
See Exhibit A
also known by street and number as: 3369 County Road 313, Newcastle, Colorado 81647
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto
belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the
grantor, either in law or in equity, to the only proper use, benefit and behoof of the grantees, their heirs and assigns
forever. The singular numbers shall include the plural, the plural the singular, and the use of any gender shall be
applicable to all genders.
lN WITNESS WHEREOF, The grantor has executed this deed on the date set forth above.
My commission expires t'laa ,20Oi. Witness my hand and official seal.
T,i
(;
,t,
)'haou; * id^z
Notary Public
qLLjtrp'
newly cr,: '.fla| description (C.B.S. 5 38-36-106.6)
!,ltl ililr llil] llt ffirr ilEt mmt ill lllll llll llll/goE52 to/3t/200t o2z4lp B12S^p656 n nLsDoRF2 0l 2 R 10.00 D 0.00 GRRFIEI. COUNTY CO
Exhibit A
SW% NE%, Section 20, Township 7 South, Range g1 West of the 6th P.M.,
excepting prior mineral reservations of record & together with a one-eighth interest
in the Gutheridge & Gutheridge Ditch No. 1 and the Gutheridge & Gutheridge Ditch
No. 2, from June Creek, & other ditch and water rights appurtenant to or connected
to said lands and together with an easement for ingress and egress over the road in
place and in use & between the above described property & the County Road in the
NE% section 20, Township & south, Range 91 west of the 6th p.M.
I
TOMLINSON,
ANd JOHN S.
"Rogerstt,
AGREE].fiNT
-rt+IS AGREEI'IIINT entered into as of ttLe '; day of-f-
, L97J , betrveen \^IELLIE D. TOI'I,INSON and MAEBELLE E.
husband and rvife, hereinafter referred to as "Tornlinson
ROGERS and JUNE A. ROGERS, hereinafter referred to as
WI INESSETiI:
L]HEREAS, Tomlinson is the o\lrner as joint tenants of
thaL real property located in the County of Garfield, State of
Colorado, described as follor+s, to-wit:
S!J.,4NEZ, Section 20, Township 7 South, Range
91 West of the Sixth Principal Meridian,
excepting prior mineral reservations and
toge-ther-with appurtenant water rights, and
\\t1EREAS, for valuable consideration given to Tomlinson
by Rogers, the parties desire to provide for restrictions on the
disposition of such property, IT IS AGREED AS FOLLOI,IS:
1. Restriction on sale of interest. Tomlinson sha11
neither sell, transfer, or otherwise dispose of their interest in
such property without first giving B.ogers an opportunity to
purchase their interest on the terms hereinafter set forth: Upon
determining to dispose of their interest Tomlinson shall give
written notice to Rogers of such intent. Rogers shall have
thirt.y days after the giving of such notice in which to elect to
acquire such interest for the sum of $280. 00 Per acre if such
election is made during L977, with price per acre to increase at
an annual rate of J"L theteafter but not to exceed a price of
I$AOO.0O per acre, in any event. In addition to price per acre as
I
lcomputed, upon closing Rogers shall Pay to Tomlinson the fair
market value of any improvements made to the property by Tomlinson
including but not limited to buildings, residence, and vTater
system. Such fair market value shal1
t
b determined as the average
of ap.praisals performed by two independent appraisers, each of
Ithe parties to appoint one. C1-osing shall be held no later than
ithirty days after notice of election is given Tor,''1inson. Ccn-
Ilsideration shall be due 3t closing in cash or certified funds '
II ff Rogers does not elect to acouire such interest ont'
lr.-r"h terms within such thirty day period, then Tornlinson shall
I
!r"r" the right to sell, transf er, or otherlvise dispose of such
,\rr,a.ru=a for a peliod of ninety days after the expirati'on of such
\I
ffririrLy day period. After the expiration of such ninety dav peri-od'
l[r*tinson shalI noL offer Lo sell, transfer, or otherwise dispose
I
Ilbf such interest without again comolying with and being subi ect
Iii." the terms of this Pa::agraPh.
il
ll ,. Ng!.-gS!.. Anv and all notices and de'mands given
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lj-,ur"""a"r shall be given by registered or certified rnail, return
l["c"ipt requestecl, postag.e prepaid, addressed to the parties at
il
llan" f ollowing adclres ses , or at such other addres ses as they rnay
lL,uturra", designaLe :
ltll ta.. and }Irs. John S. Rogers
ll u. s . Air Force AcademY
ll Colorado SPr ings , CC 809 0f
ll *t. and l''[rs. \rrellie D. Tomlinson
ll r+Of South Zuni
ll oenver, CO 80223
II
ll ,. ExceptioqqJo restrictions. Notvrithstanding: theil --
lt-lForegorng,, -r-omlinson may transfer all or any palt of their interes
II
lF" their adult issue; and either during their life or by will or
il_!$peration of law, provided that their fiduciary, including but
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li-,"a limited to a testamentary trustee, guardian, executor,
lLanri,-ristrator, and their heirs oI devisees, sha1l 'be sub-j ect to
lt
l[ff the terms of this agreement for a period not to exceed the
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lLir. of the survivor of \^lel1ie D. Tomlinson and I'IaeEeI1e E.
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I[omlinson plus 2L years.
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executive, a,Jministrators and legaL
lb".o*. ineffective uPon sale of the
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lrnder paragraPh I hereof '
OF COLOR.A,DO )) ss.
0F)
STATE
COUNTY
ithis ; /'
l*""u"il
,,'/ ir+o' l'_ . f.t,All: d^y of
s-
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YOF
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THISAGR.EEMENTshallbebindinguPonandshallinureto
the benefit of each of the parties and their resPective heirs,
representatives, but sha1l
entire interest of Tomlinson
The foregoing instrr-rment \^7as acknowledged before me
day of .t' ' ,'t -; ,!gl7 by l''leIlie D' Tomlinson and
E. Tomlinson, '/hrsband and wif e '
\rjitness rny hand and of f icial seal '
Ily commission expires "'i)' Jc;';:r'::':" :"':';s
/' )J.! r t ;. ,.:
/ -:'"l''., ,/at / i
_4J-:_---.--Notarv Publrc
COLORADO )
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The foregoing instrument rras
:.r.. .. rilalt{U. vt ifVl
acknornrledged before me
,Lg77, by John S. Rogers and June A'
Nitr-ress iny hand and off:-cral seal'
Ily comnission exPires
nson,
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oger s
Rogers
ary Public
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