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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY % Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.qarfield-county.com ❑ MINOR [2 LOT] EXEMPTION 0 MAJOR [4 LOT] EXEMPTION 0 FINAL EXEMPTION PLAT AMENDMENT GENERAL INFORMATION (Please print legibly) ➢ Name of Property Owner: Peregrin 08 Investments, LLC ➢ Mailing Address: 0092 County Road 227 Telephone: ( ) ➢ City: Rifle State: CO Zip Code: 81650 Cell: (970 ) 379-2926 ➢ E-mail address: dziegler@lstnationalbank.com FAX: ( ) ➢ Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc): ➢ Timothy A. Thulson ➢ Mailing Address: 818 Colorado Avenue ➢ City: Glenwood Springs Telephone: ( 970 ) 945-6546 State: CO Zip Code: 81601 Cell: (970 )618-4249 ➢ E-mail address: timyoalcombgreen.com FAX: (970 )945-8902 ➢ Street Address / General Location of Property: TBD State Highway 6 & 24, Rifle, Colorado 81650 ➢ Assessor's Parcel Number: 2 1 7 9 - 0 5 4 - 0 0- 0 5 6 ➢ Size of Property (in acres) as of January 1, 197: 41.85 >•Current Size of Property to be Subdivided (in acres): 41.85 ➢ Number of Tracts / Lots Created Including remainder of Parent Property: 4 ➢ Proposed size of Tracts / Lots to be Created Including remainder of Parent Property: o Lot #: 1 containing 17.635 acres o Lot #: 2 containing 3.387 acres o Lot #: 3containing 5.012 acres o Lot #: 4 containing 11.990 acres o Lot #: containing acres ➢ Property's Zone District: Rural Last Revised 12/12/08 EXHIBIT A 11 I. TO QUALIFY FOR A MINOR EXEMPTION Division of land by which no more than two (2) parcels, i.e. one (1) new parcel and the remainder parcel, will be split from any parcel that was described in the records of the Garfield County Clerk and Recorder's Office as of January 1, 1973, regardless of size, as long as the resulting parcels meet the minimum lot size for the underlying zone district. The proposed Minor Exemption shall satisfy the criteria in Section 5-407, General County Exemption Criteria, and shall require recording of a Minor Exemption Plat, describing each Exemption Lot by a metes and bounds legal description and as a numbered or lettered "Exemption Lot". II. TO QUALIFY FOR A MAJOR EXEMPTION Division of land by which no more than four (4) parcels, i.e. the remainder parcel and not more than three (3) new parcels will be split from a parcel of land that was described in the records of the Garfield County Clerk and Recorder's Office as of January 1, 1973 as a parcel of land 35 acres or more in size and not part of a recorded subdivision. In addition to the general exemption criteria, contained in Section 5-407, the proposed Major Exemption shall require recording of a Major Exemption Plat, describing each Exemption Lot by a metes and bounds legal description and as a numbered or lettered "Exemption Lot". For purposes of the definition of Minor and Major Exemptions: 1) All tracts of land thirty five (35) acres or greater in size created after January 1, 1973 pursuant to C.R.S. 30-28-101(10)(b), i.e. divisions of land creating parcels each of which comprises thirty-five (35) acres or more and none of which is intended for use by multiple owners, shall be considered parcels of land created by exemption for purposes of further division in accordance with the exemption review processes outlined in Division 4 and, thus, shall be counted as one of the not more than four (4) Exemption Lots allowed to be split by the Major or Minor Exemption process; unless; 2) If the parcel of land under consideration, or part thereof, is split by a public right- of-way or a County road right-of-way included in the County highway system, and the location of the public or County right-of-way prevents joint use of one or more of the proposed Exemption Lots, then the division of land may include a split into no more than five (5) parcels, i.e. no more than four (4) new parcels and the remainder parcel in a Major Exemption and no more than three (3) parcels, i.e. no more than two (2) new parcels and the remainder parcel, in a Minor Exemption. III. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, an application for a Major Exemption shall specifically provide the following items below pursuant to Article V, Sections 5-406 and 5-501. 1. Submit a completed and signed Application Form, an application fee, and a signed Agreement for Payment form. 2. A narrative addressing criteria in this application and explaining the purpose of the application. 3. Copy of the deed showing ownership. Additionally, submit a letter from the property owner(s) if the owner is being represented by another party other than the owner. If the property is owned by a corporate entity (such as an LLC, LLLP, etc.) Please submit a copy of recorded "Statement of Authority" demonstrating that the person signing the application has the authority to act in that capacity for the entity. 4. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing the subject property and all public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, private and public, and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the County Assessor's Office. You will also need the names (if applicable) of all mineral interest owners of the subject property, identified in the County Clerk and Recorder's records in accordance with §24-65.5-101, et seq. (That information may be found in your title policy under Exceptions to Title). 5. Vicinity map: An 8 1/2 x 11 vicinity map locating the parcel in the County. The vicinity map shall clearly show the boundaries of the subject property and all property within a 3 -mile radius of the subject property. The map shall be at a minimum scale of 1"=2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area for which a copy of U.S.G.S. quadrangle map may be used. 6. A copy of the Pre -Application Conference form from the original Pre - Application Conference. 7. Provide a Minor / Major Exemption Plat that is scaled at 1 inch to 200 feet for properties exceeding 160 acres in size, or 1 inch to 100 feet for properties less than 160 acres in size. The Director may require a more detailed version of all or part of the exemption map or plat. The required details for an Exemption Map or Plat can be found in Section 5-502(C)(7) of the ULUR. 8. All requests for Minor and Major Exemptions shall be required to demonstrate that they can meet the following criteria: a) Adequate Water Supply. The resulting Exemption Lots have a sufficient legal and physical source of water, in compliance with the requirements of this Land Use Code set forth in Section 7-104 of Article VII, Standards. b) Adequate Water Distribution and Wastewater Disposal System. The resulting Exemption Lots have an adequate water distribution system and wastewater disposal system in compliance the requirements of this Land Use Code set forth in Section 7-105 of Article VII, Standards. c) Adequate Access. The resulting Exemption Lots have legal and adequate access in compliance with the requirements of this Land Use Code set forth in Section 7-107 of Article VII, Standards. d) Hazards. The resulting Exemption Lots do not create hazards identified in Section 7-209 and Section 7-210 of Article VII, or exacerbate existing hazards. e) Compliance with Comprehensive Plan and Intergovernmental Agreements. The proposed exemption is consistent with applicable provisions of the Garfield County Comprehensive Plan and any intergovernmental agreements between the County and a municipality that apply to the area where the division of land will occur. f) Exemption Map Requirements. See the specific requirements for Exemption Plats at Section 5-502 B6 and B7. The following general criteria also apply: 1. Suitability of Plat for Recordation. The exemption map or plat is drawn in accordance with the requirements of these Regulations and is suitable for recordation. 2. Adequacy of Supporting Materials. The exemption plat meets all planning, engineering, and surveying requirements of these Regulations for maps, data, surveys, analyses, studies, reports, plans, designs, documents, and other supporting materials. 3. Liens and Encumbrances. The exemption plat does not include a lien, conveyance, or encumbrance to the property dividing a lot or encumbering the public use of public dedications for roadways public utility easements or other purposes. g) Taxes. All taxes applicable to the land have been paid. 9. Submit 3 copies of this completed application and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the application has been deemed technically complete. IV. PROCEDURAL REQUIREMENTS Minor and Major Exemptions are reviewed in an Administrative Process. The following steps outline how the Major Exemption review process works in Garfield County as further defined in Article IV, Section 4-104 of the Unified Land Use Resolution of 2008. 1. Pre -Application Conference. A pre -application conference shall be held in accordance with the provisions of Section 4-103 A, Pre -Application Conference. 2. Application. The application materials required for a land use change subject to Administrative Review are set forth in Section 4-601 A. 3. Determination of Completeness. The Director shall review the application for determination of completeness in accordance with the provisions of Section 4- 103 C, Determination of Completeness. 4. Evaluation by Director/Staff Review. Upon determination of completeness, the Director shall review the application for compliance with the applicable requirements. A staff report shall be prepared pursuant to Section 4-103 E. a) Review by Referral Agencies. The Director's evaluation of the application may include comment by referral agencies received under Section 4-103 D, Review by Referral Agency. b) Notice to Adjacent Property Owners. The applicant shall mail a written notice by certified mail, return receipt requested, to the owners of record of all property adjacent to the property within a 200' radius and the mineral owners of record in the office of the County Clerk and Recorder.. The notice shall include a vicinity map, the property's legal description, a short narrative describing the current zoning and proposed land use change, and the contact information and the date that the Director has to make a decision and notice of the 10 day period after the Director's decision to appeal the decision and the deadline for comments to be submitted. The comment period for adjacent property owners shall be within twenty-one (21) calendar days from the date of receipt of the notice established by return receipt. 5. Director Decision. Within thirty (30) working days of the date of determination of completeness, or close of the comment period if the application is referred for comment, the Director may approve, approve with conditions or deny the land use change application subject to Administrative Review. The Director's decision shall be based upon compliance of the proposed use with the approval standards set forth in Divisions 1 and 2 of Article VII, Standards. a) Approval of Application. If the application satisfies all of the applicable standards, the application shall be approved. The application may be approved with conditions determined necessary for compliance with applicable standards. Once it has been approved, the applicant shall prepare the necessary legal documents to be placed on the consent agenda for the signature of the Chairman of the Board of County Commissioners and shall be duly recorded by the Clerk and Recorder after signature. b) Denial of Application. If the application fails to satisfy all of the applicable standards, the application shall be denied. 6. Written Notice of Decision. The Director shall inform the applicant and noticed property owners of the approval, conditions of approval or basis for denial in writing within five (5) working days of the date of decision. Notice of the Director's decision shall also be provided to the Board of County Commissioners. V. AMENDMENTS TO APPROVED EXEMPTIONS An amendment may be made to a recorded Final Exemption Plat if such amendment does not increase the number of subdivision Tots or result in a major relocation of a road or add one or more new roads (pursuant to Section 5-306). A correction can be made to a recorded Exemption Plat in order to correct an engineering error, mislabeling issue, etc. that does not affect the substance of the plat. A. Outline of Processes. The review processes for amending an Exemption Plat shall consist of the following: 1. Four (4) Lots or Less: The Administrative Review Process, detailed in Section 4- 104 of Article IV, shall be used for review of a request to amend an Exemption Plat for modifying lot lines, building envelopes, easement locations or other interests affecting up to four (4) lots. An Amended Exemption Plat which modifies lot lines or easements affecting not more than two (2) adjacent Exemption Lots or a single building envelope shall be subject to the Administrative Review Process set forth in Section 4-104 of Article IV, with the addition of presentation of the Amended Exemption Plat to the Board of County Commissioners for signature, prior to recording with the Office of the Clerk and Recorder. 2. More Than Four (4) Lots: The Major Exemption Review Process, detailed in Section 5-403, shall be used to amend an Exemption Plat modifying lot lines, building envelopes, easement locations or other interests affecting more than four (4) Exemption Lots. An Amended Final Exemption Plat which modifies lot lines or easements affecting more than four (4) lots or more than one (1) building envelope shall be subject to the Major Exemption Review Process set forth in Section 5-403. 6 B. Application Materials: The Final Exemption Plat Amendment / Corrected Plat review requires the following application materials as more fully described in Article V, Section 5-502: 1. Application Form and Fee 2. Preliminary Plan (5-501(G)) 3. Final Exemption Plat, Amended Final Exemption Plat 4. Subdivision Improvement Agreement, if necessary I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. (Signature of Property Owner) Date 7 GARFIELD COUNTY % BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include a Payment Agreement Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES TYPE OF LAND USE ACTION BASE FEE Vacating Public Roads & Rights -of -Way $400 Sketch Plan $325 $675 + application agency review fees and outside Preliminary Plan / Conservation Subdivision consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey Preliminary Plan Amendment $325 Final Plat $200 Final Plat Amendment / Correction Plat $100 Combined Preliminary Plan and Final Plat $1,075 Minor Exemption / Amendment $300 / $300 Major Exemption / Amendment $400 / $300 Rural Land Development Option Exemption / Amendment $400 / $300 General Administrative Permit $250 Floodplain Development Permit $400 Pipeline Development Plan / Amendment $400 / $300 Small Temporary Employee Housing $50 Minor Temporary Employee Housing $250 Limited Impact Review / Amendment $400 / $300 Major Impact Review / Amendment $525 / $400 Rezoning: Text Amendment $300 Rezoning: Zone District Amendment $450 Planned Unit Development (PUD) / Amendment $500 / $300 Comprehensive Plan Amendment $450 Variance $250 Interpretation $250 Takings Determination NO FEE Planning Staff Hourly Rate • Planning Director $50.50 • Senior Planner $40.50 • Planning Technician $33.75 • Secretary $30.00 County Surveyor Review Fee (includes Plats, Final Plats, Exemption Plats) Mylar Recording Fee review of Amended Determined by Surveyor$ $11 — 1s` page $10 each additional page Page 2 The following guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. Page 3 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for (hereinafter, THE PROJECT). 2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. OWNER and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to OWNER. OWNER agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Feeshall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE) Signature Date Print Name Mailing Address: Page 4 Narrative Explanation Ziegler Subdivision Exemption and Amendment ' Exemption This is an application for a (4) Lot Subdivision Exemption, attached hereto as Exhibit A, for that parcel of real property owned by Peregrine Investments, LLC (the "Applicant") located in Garfield County at the address of 31145 State Highway 6&24, Rifle, Colorado 81625 (the "Ziegler Parcel"). This application will precede and be processed prior to that separate application for Subdivision Exemption Amendment also filed herewith and attached hereto as Exhibit B. A copy of the Pre -Application Conference setting forth the extensive history of the development of the Ziegler Parcel and proposed processing of these applications is attached hereto as Exhibit C.. A copy of the deed vesting title to the Ziegler Parcel in the Applicant is attached hereto as Exhibit A-1. The Ziegler Parcel contains approximately 41 acres and is located in the Rural Zone district. Approval of this application will result in the creation of four (4) lots, including the parenting parcel, all of which are more particularly described within the ZIEGLER SUBDIVISION EXEMPTION attached hereto as Exhibit A-2. Addressing the remaining submission requirements, Applicant states as follows: 1. The applicable County Assessor maps, names and addresses of the owners of record of land immediately adjoining and within 200' of the Ziegler Parcel and the owners of severed mineral interests are collectively set forth within Exhibit A-3 attached hereto. 2. The evidence of soil types and characteristics is set forth in the correspondence of Christopher Manera, P.E., Colorado River Engineering of May 30, 2007, attached hereto as Exhibit A-4. 3. Domestic water shall be provided to the proposed Ziegler Parcel Lots pursuant to domestic wells; that these wells (Ziegler East and Ziegler West) are sufficient to provide a physical and legal source of water for the Ziegler Parcel Lots is documented in the Water Supply Report and attachments thereto prepared by Colorado River Engineering, Inc. attached hereto as Exhibit A-5. The water supply for proposed Lots 2,3 and 4 shall be provided by the Ziegler East Well, the joint use for which shall be governed under the proposed Declaration of Protective Covenants Ziegler Subdivision, a copy of which is attached hereto as Exhibit A-6. 4. The proposed method of sewage disposal is ISDS (engineered). 5. Fire Protection issue are addressed in the correspondence of the Burning Mountain Fire Protection District of March 23, 2007 attached hereto as Exhibit A-7. 6. Access to the Ziegler Parcel shall be made via private driveway off State Highway 6 &24 for which CDOT Access Permit No. 308123 has heretofore been issued. A Copy of the Narrative Explanation - Ziegler Subdivision Exemption Page 1 Access Permit is attached hereto as Exhibit A-8. Applicant is in the process of having a Notice to Proceed issued under the permit. The anticipated roadway improvements to be required by the CDOT under the Notice to Proceed are set within and will be secured under the Ziegler Subdivision Exemption Improvements Agreement attached hereto as Exhibit A-9. 7. A copy of the Statement of Authority for Peregrine 08 Investments, LLC is attached hereto as Exhibit A-10. 8. A copy of the agent authorization to Timothy A. Thulson from Peregrine 08 Investments, LLC is attached hereto as Exhibit A-11. Exemption Amendment Under the requested Lot 1 of the Ziegler Subdivision Exemption would be reduced in acreage from 17.625 acres to 10.934 acres and Lot 4 would be expanded from 11.990 acres to 15.724 acres. Lots 2 and 3 would remain unchanged from that originally approved. The above requested changes are set forth within the revised Ziegler Exemption Plat attached hereto as Exhibit B-1. That portion of acreage taken from Lot 1 shall be merged w/ the adjacent properties presently titled in Don and Annette Ziegler, Assessor Parcel Nos. 217905300007 and 217905300008, the applicable Parcel Detail Information sheets for which are attached hereto as Exhibit B-2. Merger of said acreage within said parcels shall be accomplished by Special Warranty Deed and Boundary Adjustment Affadavit. Narrative Explanation - Ziegler Subdivision Exemption Page 1 STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of a (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is and is formed under the laws of The mailing address for the Entity is The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows: (if no limitations, insert "None") Other matters concerning the manner in which the Entity deals with any interest in real property are: (if no other matter, leave this section blank) EXECUTED this day of , 20 Signature: Name(typed or printed: Title (if any): STATE OF COUNTY OF ) SS. The foregoing instrument was acknowledged before me this day of , 20 by , on behalf of , a Witness my hand and official seal. My commission expires: [SEAL] 05/09 (Notary Public) Narrative Explanation Ziegler Subdivision Exemption and Amendment ' Exemption This is an application for a (4) Lot Subdivision Exemption, attached hereto as Exhibit A, for that parcel of real property owned by Peregrine Investments, LLC (the "Applicant") located in Garfield County at the address of 31145 State Highway 6&24, Rifle, Colorado 81625 (the "Ziegler Parcel"). This application will precede and be processed prior to that separate application for Subdivision Exemption Amendment also filed herewith and attached hereto as Exhibit B. A copy of the Pre -Application Conference setting forth the extensive history of the development of the Ziegler Parcel and proposed processing of these applications is attached hereto as Exhibit C.. A copy of the deed vesting title to the Ziegler Parcel in the Applicant is attached hereto as Exhibit A-1. The Ziegler Parcel contains approximately 41 acres and is located in the Rural Zone district. Approval of this application will result in the creation of four (4) lots, including the parenting parcel, all of which are more particularly described within the ZIEGLER SUBDIVISION EXEMPTION attached hereto as Exhibit A-2. Addressing the remaining submission requirements, Applicant states as follows: 1. The applicable County Assessor maps, names and addresses of the owners of record of land immediately adjoining and within 200' of the Ziegler Parcel and the owners of severed mineral interests are collectively set forth within Exhibit A-3 attached hereto. 2. The evidence of soil types and characteristics is set forth in the correspondence of Christopher Manera, P.E., Colorado River Engineering of May 30, 2007, attached hereto as Exhibit A-4. 3. Domestic water shall be provided to the proposed Ziegler Parcel Lots pursuant to domestic wells; that these wells (Ziegler East and Ziegler West) are sufficient to provide a physical and legal source of water for the Ziegler Parcel Lots is documented in the Water Supply Report and attachments thereto prepared by Colorado River Engineering, Inc. attached hereto as Exhibit A-5. The water supply for proposed Lots 2,3 and 4 shall be provided by the Ziegler East Well, the joint use for which shall be governed under the proposed Declaration of Protective Covenants Ziegler Subdivision, a copy of which is attached hereto as Exhibit A-6. 4. The proposed method of sewage disposal is ISDS (engineered). 5. Fire Protection issue are addressed in the correspondence of the Burning Mountain Fire Protection District of March 23, 2007 attached hereto as Exhibit A-7. 6. Access to the Ziegler Parcel shall be made via private driveway off State Highway 6 &24 for which CDOT Access Permit No. 308123 has heretofore been issued. A Copy of the Narrative Explanation - Ziegler Subdivision Exemption Page 1 Access Permit is attached hereto as Exhibit A-8. Applicant is in the process of having a Notice to Proceed issued under the permit. The anticipated roadway improvements to be required by the CDOT under the Notice to Proceed are set within and will be secured under the Ziegler Subdivision Exemption Improvements Agreement attached hereto as Exhibit A-9. 7. A copy of the Statement of Authority for Peregrine 08 Investments, LLC is attached hereto as Exhibit A-10. 8. A copy of the agent authorization to Timothy A. Thulson from Peregrine 08 Investments, LLC is attached hereto as Exhibit A-11. Exemption Amendment Under the requested Lot 1 of the Ziegler Subdivision Exemption would be reduced in acreage from 17.625 acres to 10.934 acres and Lot 4 would be expanded from 11.990 acres to 15.724 acres. Lots 2 and 3 would remain unchanged from that originally approved. The above requested changes are set forth within the revised Ziegler Exemption Plat attached hereto as Exhibit B-1. That portion of acreage taken from Lot 1 shall be merged w/ the adjacent properties presently titled in Don and Annette Ziegler, Assessor Parcel Nos. 217905300007 and 217905300008, the applicable Parcel Detail Information sheets for which are attached hereto as Exhibit B-2. Merger of said acreage within said parcels shall be accomplished by Special Warranty Deed and Boundary Adjustment Affadavit. Narrative Explanation - Ziegler Subdivision Exemption Page 1 1111 h'i'i K1 1,MJ1 .1+il!,1501,1 7Al rife RN 11111 Reception$: 745609 03/28/2008 03 16 53 PM Jean Alberico 1 of 2 Rec Fee $11 00 Doc Fee 0.00 GARFIELD COUNTY CO SPECIAL WARRANTY DEED THIS DEED, made this 1 ( day ofg2 , 2008, between DONALD R. ZIEGLER and ANNETTE R. ZIELGER of the County of Gartiel. and State of Colorado, (Grantors), and PEREGRINE 08 INVESTMENTS, LLC, a Colorado Limited Liability Company, whose legal address is 931 Grand Avenue, Glenwood Springs, CO 81601, (Grantee): WITNESSETH, that the Grantors, for and in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration, the receipt and sufficiency of which is hereby acknowledged, hereby grant, bargain, sell, convey and confirm, unto the Grantee and the Grantee's successors and assigns forever, all the real property, together with any improvements thereon, located in the County of Garfield and State of Colorado described as follows: See Exhibit A attached hereto and made a part hereof. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantors, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantees, and the Grantees' heirs and assigns forever. The Grantors, for themselves, their heirs and personal representatives, do covenant and agree that the Grantors shall and will WARRANT AND FOREVER DEFEND the above -bargained premises, in the quiet and peaceable possession of the Grantees and the heirs and assigns of the Grantees, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantors except and subject to the following matters set forth on Exhibit B attached hereto an made a part hereof. IN WITNESS WHEREOF, the Grantors have executed this deed on the date set forth above. DO ASD R. ZIEGLER \ itrli- , 2P/1 A ETTE R. 17 STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this � day of 6J . 2008, by Donald R. Ziegler and ANNETTE R. ZIEGLER. Witness my hand and official seal. MY..C.AL IIIIis►Sii' wain BRAUNSCHWEIG I� i1'ARY PUBLIC i fArE OF COLORADO etelia xplr s 0 After recording please return to: Timothy A. Thulson, Esq. Balcomb & Green, P.C. P.O. Drawer 790 Glenwood Springs, CO 81601 j Notary ?')iblic EXHIBIT A-1 ai, All that part of SI/2SW I/4. and SW 1/4SE l/4 Section 5, also all that part of Lots 2 and 3, Section 8, all in Township 6 South, Range 92 West, of the 6th P.M., lying Northerly of the present U.S. Highway No. 6 and 24, and Southerly of the Ditch in use, known as the Cactus Valley Ditch, described as follows: BEGINNING AT A POINT on the Easterly line of said SW 1/4SE 1/4 of Section 5; whence the South East corner of said Section 5 bears South 83°57' East 1348.03 feet; thence South 282.7 feet along the Easterly line of said SW l/4SE1/4 and the Easterly line of said Lot 2 Section 8 to a point on the Northerly line of said Highway; thence North 83°17' West 615.9 feet along the Northerly boundary of said Highway; thence North 88°00' West 849.2 feet along the Northerly boundary of said Highway; thence North 87°59' West 1436.8 feet along the Northerly boundary of said Highway; thence North 33°48' West 538.4 feet; thence North 57°40' East 116.0 feet; thence North 46°39' West 132.46 feet; thence North 17°20' West 183.85 feet; thence North 80049' East 20.0 feet; thence South 89°54' East 11.48 feet to a point in the center of said Cactus Valley Ditch; thence North 85°3 1' East 524.82 feet along the center line of said ditch; thence North 81°22' East 183.64 feet along the center line of said ditch; thence South 77°34' East 378.49 feet along the center line of said ditch; thence South 57°56' East 157.74 feet along the center line of said ditch; thence South 74°48' East 376.49 feet along the center line of said ditch; thence South 82°45' East 397.35 feet along the center line of said ditch; thence South 59°47' East 302.54 feet to a point in the center of said ditch; thence South 67°48' East 847.42 feet along the center line of said ditch; thence North 71°27' East 218.0 feet along the center line of said ditch; to a point on the Easterly line of said SW 1/4SE 1/4; the POINT OF BEGINNING. CERTIFICATE OF OWNERSHIP AND DEDICATION KNOW ALL MEN BY THESE PRESENTS. THAT THE UNDERSIGNED PEREGRINE 08 INVESTMENTS. LIF, .4 COLORADO LIMITED LIABILITY COMPANY IS THE SOLE OWNER 114 FEE SIMPLE OF THAT PARCEL OF REAL PROPERTY S171472D 1N GARFIELD COUNTY. COLORADO AND BEING ALL OF THAT PART OF THE LAND. SITUATED IN THE 5%1W6 AND SWVESS% SECTION 5, ALSO ALL THAT PART OF LOTS 2 AND 9, SECTION8, ALL IN TOWNSHIP 8 SOUTH. RANGE 92 WEST, OF THE 871 P.M., LYING NORTHERLY OF THE PRESENT U.S. HIGHWAY N0. 6 AND 24, AND SOUTHERLY OF THE DITCH IN USE, KNOWN AS THE CACTUS VALLEY DITCH. DESCRIBED AS FOLLOWS: BEGINNING ATA POINT ON THE EASTERLY LINE OF 3410 22115E41 OF SECTION 5; WHENCE THE SOUTH EAST CORNER OF SAID SECTION 5 BEARS SOUTH 69.57' EAST 1348.03 FEET; THENCE 203711 282.7 FEET ALONG THE EASTERLY LINE OF SAID SWV4S AND THE EASTERLY LINE OF SAID LOT 2 SECTION 8 TO A POINT ON THE NORTHERLY LINE 0£ SAID HIGHWAY; THENCE NORTH 83'17' WEST 675.9 FEET ALONG THE NORTHERLY BOUNDARY OF SAID 111011WAY; THENCE NORTH 88.00' WEST 849.2 FEET ALONG. THE NORTHERLY BOUNDARY OF SAID HIGHWAY; THENCE NORTH 87'59' WEST 7436.8 FEET ALONG THE NORTHERLY. BOUNDARY OF SAID HIGHWAY; THENCE NORTH 33'48' WEST 538.4 FEET; THENCE NORTH 6740' EAST 116.0 FEET ; THENCE NORTH 4609' WEST 132.46 FEET; THENCE NORTH 17'20' WEST 183.85 FEET; THENCE NORTH 80.49' EAST 20.0 FEET; THENCE SOUTH 89'54' EAST 11.48 FEST TO A POINT IN THE CENTER OF SAID CACTUS VALLEY DITCH; THENCE NORTH 8531' EAST 524.82 FEET ALONG THE CENTER LINE OF SAID DITCH; THENCE NORTIE8122' EAST 783.64 FEET ALONG THE CENTER LINE OF SAID DITCH' THENCE SOUTH 7734' EAST 378.49 FEET ALONG THE CENTER UNE OF SAID DITCH; THENCE S OUTH 5756' EAST 157.74 FEET ALONG THE CENTER LINE OF SAID. DITCH THENCE SOUTH 74.48' EAST 378.49 FEET ALONG THE CENTER LINE OF SAID DITCH; THENCE SOUTH 82Y5' EAST 397.95 PEET ALONG THE CENTER LINE OF SAID DITCH THENCE 3OUTH 5947' EAST 302.54 FEET TO A POINT' IN THE CENTER OF SAID DITCH; THENCE. SOUTH 6748' EAST 847.42 FEET ALONG THE CENTER LINE OF SAID DITCH; THENCE NORTH 7127' EAST 218.0 FEET ALONG THE CENTER LINE OF SAID DITCH; TO A POINT ON THE EASTERLY LINE OF SAID 52115311; THE POINT OF. BEGINNING. ZI/' GL , `' SiI iI7['ISlIN EXEMPTION A PART OF 31/2 SW1/4, SW1/48E1/4 SECTION 5, ALSO PART OF LOTS 2 AND 3 SECTION 8, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH P.M., GARFIELD COUNTY, COLORADO. • SUBJECT TO THE TERMS AND CONDITIONS OF PROPERTY LINE AGREEMENT RECORDED SEPTEMBER 12. 2002 IN BOOK 1386 AT PAGE 657. THAT SAID OWNER HAS CAUSED THE LAND AFORESAID TO BE LAID AND SURVEYED AS THE 318002R SUBDIVISION EXEMPTION OF PART OF GARFIELD COUNTY, COLORADO. ZEIGLER SUBDIVISION EXEMPTION LOT 1 A PARCEL OF LAND SITUATED IN SECTIONS 5 AND 8, TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE 671/ PM., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE SOUTHWEST CORNER OF SAID SECTION 6, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE ETN PRINCIPAL MERIDIAN BEARS 38977'53"W 7075.18 FEET SAID POINT BEING ON THE NORTHERLY BOUNDARY LINE OF HIGHWAY 6 AND 24; THENCE ALONG NORTHERLY BOUNDARY LINE OF SAID HIGHWAY /188.09'35"1 294.60 FEET; THENCE LEAV110 SAID NORTHERLY BOUNDARY N46.74'2111 104,06 FEET; THENCE /10147'77'2 420.96 FEET; THENCE 381'19'78"5 638.31 FEET; THENCE 38108'10"E 324.77 FE87'; THENCE 188535'31"2 40.41 FEET; THENCE /17533'00"2 19.93 FELT; THENCE /188.95'18"E 36.25 FEET; THENCE 581'38'39"2 66.00 FEET; THENCE 389'10'25'£ 790.90 FELT; THENCE N6748'00"W 298.89 FEET; THENCE N59'47'00"W 302.54 FEET; THENCE 582.45'00"2 397.35 FEET; THENCE 1474'48'00"W 376.49 FEET; THENCE /15756'00"W 157.74 FEET; THENCE /17734'00"W 378.49 FEET; THENCE 58122'00"2 183.64 FEET; THENCE 58537'00"11' 524.82 FEEL; THENCE /18904'00"W 11.48 FEET; THENCE S80'49'00"W 79.46 FEET; THENCE 376.33'21"8 792.37 FEET; THENCE 220'18'26"8 19.58 FEET; THENCE 352'17'13"E 83.68 FEET; THENCE 323.50'06"2 114.21 FEET; THENCE 53505'34"E 383.50 FEET; THENCE 336'39'468 224.09 PEET TO THE POINT OF BEGINNING. SAID PROPERTY CONTAINS 17.635* ACRES AS DESCRIBED. GARFIELD COUNTY, COLORADO. LOT 2 A PARCEL OF LAND SITUATED IN SECTIONS 6 AND 8, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH P.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING A7 A POINT WHENCE THE SOUTHWEST CORNER OF SAID SECTION 5, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 8711 PRINCIPAL MERIDIAN BEARS 389'17'53"W 1075.78 FEET. THENCE N86'09'35"E 294.50 FEET TO A FLINT ON THE NORTHERLY BOUNDARY LINE OF HIGHWAY 6 AND 24 THE TRUE POINT OF BEGINNING; THENCE ALONG SAID NORTHERLY BOUNDARY LINE OF SAID HIGHWAY N86'00'352 36.06 FEET; THENCE 303.50'25"2 60.00 FEET THENCE 1186.09.31.E 186.90 FEET; THENCE' LEAVING SAID NORTHERLY BOUNDARY LINE OF SAID HIGHWAY NO127'57"2 497.84 FEET; THENCE X8119'16'W 904.97 FEET; THENCE S0141'17E 420.96 FEST; 7118NC8 546'14'21"2 704.08 FEET TO THE TRUE POINT OF BEGINNING. SAID PROPERTY CONTAINS 3.3875 ACRES AS DESCRIBED. GARFIELD COUNTY, COLORADO. LOT 3 A PARCEL OF LAND SITUATED IN SECTIONS 5 AND 8, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 67H P.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT A POINT WHENCE THE SOUTHWEST CORNER OF SAID SECTION 5, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 671 PRINCIPAL MERIDIAN BEARS /189'34'04"11 1595.46. FEET SAID POINT BEING ON THE NORTHERLY BOUNDARY LINE OF HIGHWAY 6 AND 24; THENCE ALONG SAID NORTHERLY BOUNDARY LINE OF SAID HIGHWAY 1186'09'952 500.45 FEET; THENCE LEAVING SAID NORTHERLY BOUNDARY LINE N0127'5EW 381.07 FEET; THENCE N81'08'10W 174.70 FEET; THENCE 188779'76"W 333.34 FEET; THENCE 50727'56.E 491.84 FEET TO THE POINT OF BEGINNING. SAID PROPERTY CONTAINS 5.012* ACRES AS DESCRIBED. 048718LD COUNTY. COLORADO. LOT 4 A PARCEL OF LAND SITUATED IN SECTIONS 6 AND 8, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6711 P.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE SOUTHWEST CORNER OF SAID SECTION 6. TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 8711 PRINCIPAL 118810141 BEARS 389.24'45"W 2094.83 FEET; SAID. POINT BEING ON THE NORTHERLY BOUNDARY LINE OF HIGHWAY 6 AND 24; THENCE N86'08'35"2 178.87 FEET; THENCE 504.49 FEET ALONG THE ARC OF A CURVE TO. THE RIGHT 21711 A RADIUS OF 2905.06 FEET AND 4.CHORD WHICH BEARS 588.51'55"E 603.86 FEET; THENCE 583'53'258 996.90 FEST; THENCE N56'06'05"E 60.00 FEET; THENCE 58303056 237.87 FEET; THENCE LEAVING SAID NORTHERLY BOUNDARY X00'00'00"W 179.01 FEET ALONG THE EASTERLY LINE OF THE SW}S8} OF SAID SECTION 5AND EASTERLY LINE OF LOT 2 SECTION 8; THENCE 571235£'.2 217.47 FEET; THENCE N6748'0014 808.43 FEET; THENCE /183.70'25"W. 790.30 FEET; THENCE /18738'33"2 66.00 FEET; 711ENCE 588'35'70'W 36.26 FEET; THENCE S75.33'00"W-18.93 FEET; THENCE S65'05'31"2 40.47 PEET; THENCE N81.08'70"W 150.07 FEET; THENCE 30127'51'8 381.07 FEET TO THE POINT OF BEGINNING. SAID PROPERTY CONTAINS 17.990*- ACRES A3 DESCRIBED. GARFIELD COUNTY, COLORADO. • SUBJECT TO -THE TERMS AND CONDITIONS OF PROPERTY LINE AGREEMENT RECORDED SEPTEMBER 12, 2002 /N BOOK 1385 AT PAGE 651. THAT SAID OWNER DOES 112828Y DEDICATED 70 THE ZIEGLER SUBDIVISION HOMEOWNERS ASSOCIATION THE FOLLOWING DESCRIBED ACCESS AND UTILITY -EASEMENT, 70 WIT': • A PARCEL OF LAND SITUATED -IX SECTIONS 5 AND 6, TOWNSHIP 6 SOUTH, RANCE 92 WEST OF THE 6T11 P.M. BEING MORE PARTICULARLY DESCRIBED AS F01.00173: - - BEGINNING AT A POINT WHENCE TH8. SOUTHWEST CORNER OF SAID SECTION 5, TOWNSHIP 6 SOUTH .RADE 92 WEST OF THE 8711 PRINCIPAL MERIDIAN BEARS 589.38'03"7.1080.22 FEET; THENCE 537'59'00'E 1016.39 FEET TO A P01147 ON TIM NORTHERLY BOUNDARY LINE OF HIGHWAY 6 .AND 24, THE TRUE FLINT' OF BEGINNING.; - - - THENCE LEAVING NORTHERLY BOUNDARY OF SA1D HIGHWAY N01275MW 381.07 FEET; 'THENCE N810B'IOW 174.70. FEET; THENCE /18779'16"W 333.34 FEET; THENCE' 30127'57"2 40.03 FEET; 7X81102 118119'16"2 64.78 FEET; THENCE 1408.40'44"E 40.00 MT; .THENCE /108.40'44"E 80.00 FEET; THENCE 58179'16"8 57.00 FEET; THENCE 587'19'16"W 40.01 FEET; THENCE 301.19'16"E 333.36' FEET; THENCE 88708'10"8 208.20 FEET; THENCE 501.27'61"8 412.77FEET TO SAID NORTHERLY BOUNDARY OF SAID HIGHWAY; THENCE 386'0936"7 40.07 FEET TO THE TRUE POINT' OF BEGINNING SAID PROPERTY CONTAINS 43,6'53 SQ. FT 011.0071 ACRES AS DESCRIBED.. - - CARFIELD-COUNTY, COLORADO. TOGETHER WITH ALL OTHER UTILITY. ACCESS. IRRIGATION. AND WATERLINE BASEMENTS AND RI31173 OF WAY SHOWN ON THE ACCOMPANYING PLAT AS P2RP8TUAL EASEMENTS AND PROVIDED THAT THE ZIEGLER SUBDIVISION HOMEOWNERS ASSOCIATION SHALL THEREAFTER BE RESPONSIBLE FOR THE MAINTENANCE, REPAIR AND REPLACEMENT THEREOF. IN WITNESS HEREOF SAID OWNER HAS CAUSED ITS N1118 TO BE SUBSCRIBE5 THIS DAY OF 2009, PEREGRINE 08 INVESTN8NTS,: LLC, A 007ORAD0 LIMITED LIABILITY COMPANY BE. DONALD ZIEGLER, MANAGER STATE OF COLORADO ) )S3 COUNTY OF GARFIELD ) SUBSCRIBED AND SWORN TO BEFORE M2 THIS DAY OF - 08 INVESTMENTS, LLC, A COLORADO LIMITED LIABILITY COMPANY WITNESS' MY HAND AND OFFICIAL_86AL NOTARY PUBLIC MY COMMISSION.EXPIRBS:' N01ICE ACCORDING TO COLORADO LAW YGI MIST L0DIENCE ANY /ECM AC11CN EASED ORON INV 0EfECT W -125 9.0017 WDM THREE YEARS 01100 YW 71611 69COSENE0 SUCN - D EFECT.-. e1 NO 72017, WY AN ACTON 9039 AN ANY D EFECT W'THIS 5U'4M BE CONNOICW MORE NMITEN 10*5 `7001700 0010 Ci INE CERTFlCAil01Y SNOW HEREON. - 2008, BY: DONALD ZIEGLER MANAGER OF PEREGRINE VICINITY MAP SCALE 7":2000' EXEMPTION CERTIFICATE THIS PLAT APPROVED BY RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS AT GARFIELD COUNTY, COLORADO THIS - DAY OF AD 2009. IN FILING WITH THE CLERIC AND RECORDER OF GARFIELD COUNTY, SUCH APPROVAL IN NO WAY IMPLIES THAT THE INFORMATION SHOWN HEREIN IS TRUE AND ACCURATE BUT DOES INDICATE THAT THIS PLAT IS EXEMPT FROM AND NOT SUBJECT 70 REGULATION UNDER GARFIELD COUNTY SUBDIVISION REGULATIONS AT THE TIME OP ITS FILING. CHAIRMAN WITNESS MY HAND IN SEAL OF THE COUNTY OF GARFIELD ATTEST__ COUNTY 008115 NOTES 7. NO FURTHER DIVISIONS BY EXEMPTION FROM THE RULES OF SUBDIVISION WILL BE ALLOWED. 2. THE INDIVIDUAL LOT OWNERS SHALL BE RESPONSIBLE FOR CONTROL OF NOXIOUS WEEDS. 3. 140 OPEN HEARTH SOLID -FUEL FIREPLACES WILL 88 ALLOWED ANYWHERE WITHIN AN EXEMPTION ONE (1) NEW SOLID FUEL BURNING STOVE IS DEFINED BY C.R5. 25-7-401 ET. SEQ.. AND THE REGULATIONS PROMULGATED THEREUNDER WILL BE ALLOWED IN ANY DWELLING UNIT. ALL DWELLIN0 UNITS WILL BE ALLOWED AN UNRESTRICTED NUMBER OF NATURAL GAS BURNING STOVES AND APPLIANCES. 4. ONE DOG WILL BE ALLOWED FOR EACH RESIDENTIAL UNIT WITHIN A SUBDIVISION AND THE DOG SHALL BE REQUIRED TO BE CONFINED WITHIN THE OWNERS PROPERTY 5. ALL EXTERIOR LIGHTING BE THE MINIMUM AMOUNT NECESSARY AND THAT ALL EXTERIOR LIGHTING BE DIRECTED INWARD, TOWARDS THE 1NT5R1O1 OF THE SUBDIVISION, EXCEPT THAT PROVISIONS MAY BE MADE TO ALLOW FOR SAFETY LIGHTING THAT GOES BEYOND THE PROPERTY BOUNDARIES. BOUNDARIES. 6. SOIL 'CONDITIONS ON THE SITE MAY REQUIRE ENGINEERED SEPTIC SYSTEMS 7. ALL RESIDENTIAL CONSTRUCTION WILL BE CONS1378NT WITH THE COLORADO STATE FOREST SERVICE (CSFB) RECOMMENDATIONS FOR CONSTRUCTION OF HOMES CONTAINED IN THE CSFB PUBLICATIONS "WILDFIRE PROTECTION IN THE 070004ND/URBAN INTERFACE AND "MODEL REGULATIONS FOR PROTECTING PEOPLE AND HOMES IN SUBDIVISIONS AND AND BUILDING FOUNDATIONS. B. COLORADO IS A "RIGHT -70 -FARM' STATE PURSUANT TO C.R.S. 35-3-701, ET SEQ. LANDOWNERS, .RESIDENTS AND VISITORS MUST 8E PREPARED TO ACCEPT THE AC711171E3, SIGHTS, SOUNDS A110 SMELLS OF GARFIELD COUNTY'S AGRICULTURAL OPERATIONS AS A NORMAL AND NECESSARY ASPECT OF LIVING IN A COUNTY WITH A STRONG RURAL CHARACTER AND A HEALTHY RANCHING SECTOR THOSE WITH AN URBAN SENSITIVITY MAY PERCEIVE SUCH ACTIVITIES, SIGHTS, SOUNDS AND SMELLS ONLY AS INCONVENIENCE, EYESORE, NOISE AND ODOR HOWEVER, STATE LAW AND 00111177 POLICY PROVIDE THAT RANCHING. FARMING OR OTHER AGRICULTURAL ACTIVITIES AND OPERATIONS WITHIN GARFIELD COUNTY SHALL NOT BE CONSIDERED TO BB NUISANCES SO LONG AS OPERATED IN CONFORMANCE WITH THE LAW AND IN A NDN -NEGLIGENT MANNER THEREFORE. ALL MUST BE PREPARED TO ENCOUNTER NOISES, ODOR LIGHTS, MUD DUST, SMOKE CHEMICALS, MACHINERY ON PUBLIC ROADS, LIVESTOCK ON PUBLIC ROADS, STORAGE AND DISPOSAL OF MANURE, AND THE APPLICATION BY SPRAYING OR OTHERWISE OF CHEMICAL FBRTIL728746, SOIL AMENDMENTS,. HERBICIDES. AND PESTICIDES, ANY ONE OR MORE OF 2141011 MAY NATURALLY OCCUR AS A PART OF A LEGAL AND NON -NEGLIGENT AGRICULTURAL OPERATIONS. 9. ALL OWNERS OF LAND, WHETHER RANCH OR RESIDENCE. HAVE OBLIGATIONS UNDER STATE LAW AND COUNTY REGULATIONS WITH REGARD TO THE MAINTENANCE OF FENCES AND IRRIGATION DITCHES, CONTROLLING WEEDS. SEEPING LIVESTOCK' AND PETS UNDER CONTROL, USING PROPERTY IN ACCORDANCE WITH ZONING. AND OTHER ASPECTS OF USING AND MAINTAINING PROPERTY. RESIDENTS AND LANDOWNERS' ARE ENCOURAGED TO LEARN ABOUT THESE RIGHTS AND RESPONSIBILITIES AND ACT AS GOOD NEIGHBORS AND -CITIZENS OF THE COUNTY. A GOOD INTRODUCTORY SOURCE FOR SUCH INFORMATION IS "A' GUIDE TO RURAL LIVING A SMALL SCALE AGRICULTURE PUT- OUT BYTHE - COLORADO STATE UNIVERSITY EXTENSION OFFICE IN GARFIELD COUNTY. -. 70. ALL NEW SEPTIC SYSTEMS'. AND RESIDENTIAL FOUNDATIONS. SHALL BE DESIGNED' 8Y A PROF63510NAL ENGINEER LICENSED TO PRACTICE IN COLORADO. - 11. ADDRESSES ARE TO BE POSTED WHERE THE DRIVEWAY- INTERSECTS THE COUNTY ROAD. 1F A SHRED DRIVEWAY IS USED, THE ADDRESS .FOR EACH HOME SHOULD BE POSTED TO CLEARLY IDENTIFY EACH ADDRESS. LETTERS ARE TO BE A MINIMUM OF 4 INCHES IN HEIGHT, } INCH IN 210711 AND CONTRACTS 21711 BACKGROUND COLOR - - - - 72. DRIVEWAYS SHOULD BE CONSTRUCTED TO ACCOMMODATE THE WEIGHTS AND TURNING RADIUS OF EMERGENCY APPARATUS 1/4 ADVERSE WEATHER CONDITION. 13. COMBUSTIBLE MATERIALS SHOULD BE THINNED FROM AROUND STRUCTURES SO AS TO PROVIDE A DEFENSIBLE SPACE IN THE EVENT OF A WILD LAND F1116; AND - - - 14. "THE MINERAL RIGHTS ASSOCIATED WITH THIS PROPERTY WILL NOT BE TRANSFERRED WITH THE SURFACE ESTATE THEREFORE ALIOW110 THE POTENTIAL FOR NATURAL RESOURCE EXTRACTION ON THE .PROPERTY 8Y THE MINERAL ESTATE OWNER(3) OR_L0SS25(S)." - 0� 128 WEST RIFLE 625-y71 3, STREET O. 81650 9'5-4700 ATTORNEY'S OR TITLE COMPANY CERTIFICATE TIMOTHY A. THULSO11 DOES HEREBY CERTIFY THAT 1E HAS EXAMINED T TITLE TO ALL LANDS DEDICATED AND SHOWN HEREON 7111S PLAT, AND TITLE TO S CN LANDS IS IN THE DEDICATOR FREE AND CLEAR OF ALL LIENS, TAXES, AND ENCUMBRA ES EXCEPT AS FOLLOWS: MINERAL RESERVATIONS CONTAINED IN DOCUMENTS RECORD D IN BODE 1899, PAGE 1045; AND BOOK 347, PAGE 478. TE MORTGAGE OR LIEN HOLDER'S CERTIFICATE WELLS FARGO BANK N.A., 88INC THE HOLDER AND OWNER OF A PROMISSORY NOT8.SECURED BY DEED OF TRUST DATED MARCH 1, 2007, AND RECORDED MARCH 2, 2007, AS RECEPTION N0. 718232, AND A PROMISSORY NOTE SECURED BY A DEED OF TRUST DATED MARCH 1, 2007, AND RECORDED MARCH 2, 200? AT RECEPTION NO. 778233 OF THE GARFIELD COUNTY RECORDS, HEREBY CONSENTS TO THE SUBDIVISION OF THE LANDS SHOWN ON THIS ;PLAT, AND SUBORDINATES THE LIEN .REPRESENTED BY THE AFORESAID DEED OF TRUST TO THE DEDICATIONS AND RESTRICTIONS AS SHOWN ON THE ATTACHED PLAT AND 175 RELATED COVENANTS, CONDITIONS AND RESTRICTIONS. - MORTGAGEE OR LIEN HOLDER.: W21,0S FARGO BANE, N.4, 101 NORTH PHILLIPS AVENUE SIOUX FALLS, SD 57104 BY AS STATE OF COLORADO ) ) SS COUNTY OF GARFIELD ) THE FOREGOING WAS ACKNOWLEDGED BEFORE ME THIS_ DAY OF -J1 2009 BY AS OF - WITNESS MY HAND AND OFFICIAL S8AL MY COMMISSION EXPIRES. NOTARY PUBLIC BOARD OF COUNTY COMMISSIONERS' CERTIFICATE THIS PLAT, APPROVED BY THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO THIS _ DAY OP AD. 2009, FOR FILING WITH THE CLERK AND RECORDER OF GARFIELD COUNTY AND WITH CONVEYANCE TO THE COUNTY OF THE PUBLIC DEDICATIONS SHOWN 11214E5N; SUBJECT TO THE PROVISION THAT APPROVAL IN N0 WAY OBLIGATES GARFIELD COUNTY FOR THE FINANCING OR CONSTRUCTION OF IMPROVEMENTS ON LANDS, PUBLIC HIGHWAYS OR EASEMENTS DEDICATED 5'0 THE PUBLIC EXCEPT AS SPECIFICALLY AGR6S0 TO BY THE BOARD OF COUNTY. COMMIS ON2RS AND FURTHER THAT SAID APPROVAL SHALL IN NO WAY OBLIGATE GARFIELD LINTY FOR THE CONSTRUCTION, REPAIR OR MAINTENANCE OF PUBLIC HIGHWAYS. BY. CHAIRMAN WITNESS MY HAND AND THE SEAL OF THE COUNTY OF GARFIELD. ATTEST: COUNTY CLERK GARFIELD COUNTY CLERK AND RECORDER'S CERTIFICATE THIS PLAT WAS .FILED FOR RECORD 1N THE OFFICE OF THE CLERK AND &WOR3ER OF GARFIELD COUNTY ATO'CLOCK.___M, ON THE _ DAY OF _ A. D. 2009 AND 13 DULY RECORDED IN BOOK __ PAGE 11808PT1oN CLERK AND REC0RD8R Sri DEPUTY SURVEYORS CERTIFICATE 1 BRIAN A. STEINW1NDER 00 HEREBY CERTIFY THAT I AH A REGISTERED LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO THAT 'THIS -PLAT -IS A TRUE CORRECT AND COMPLETEPLAT OF THE ZIEGLER EXEMPTION PLAT; COUNTY OF GARFIELD, STATE OF COLORADO, AS LAID OUT, PLATTED AND DEDICATED AND SHOWN HEREON, THAT SUCH PLAT WAS MADE FROM AN ACCURATE SURVEY OF SA10 PROPERTY BY ME AND UNDER MY SUPERVISION AND CORRECTLY' SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS AND STREETS OF SAID 503017ISI011 AS THE SAMEARESTAKED UPON THE GROUND IN COMPLIANCE WITH APPLICABLE REGULATIONS COVERING THE. SUBDIVISION - OFLAND. IN WITNESS WHERETO 1 HAVE SET MY ELAND AND SEAL THIS _,_.._ DAY. OF AD., 2009. - BY BRIAN A STEINWINDBR COLORADO RECIST2RED PROFESSIONAL LAND SURVEYOR 31944 FOR AND 0318811ALF OF THE SEXTON 3718661 COMPANY. GARFIELD COUNTY SURVEYOR'S CERTIFICATE APPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF SURVEYS. CALCULATIONS OR DRAFTING. PURSUANT -T0 CALS.38-57-101 et. -seq. BY: GARFIELD COUNTY SURVEYOR - DATE: - - ZIEGLER- SUBDIVISION EXEMPTION A PART OF S1/2 SWI /4. SwV1 f4SE1/4 SECTION .5, ALSO PART OF LOTS 2 AND. 3_ SECTION 8, TOWNSHIP 6 SOUTH, RANGE 92 WEST OFTHE6TH PM CARFIELD COUNTY, COLORADO !EXHIBIT A-2 PROD. ZIEGLER SKETCH JO. NO.: 06187 DWG. BY.• KJS CK. BY: BAS DATE.' 2/7/08 REV: 1/13/09 REV: 0 0 580534.82' S200133 EMIT. q 14. BN RM6 o oa5oort 0 BOUNDARY LINE ADJUSTMENT 800X 1385 PACE 651 Sr COR SEC. 6 0 8 VsLL LOT 1 80.00' arca 'Ss•B N41'22 88.6 26.00' L_ ZIEGLER SU/ DIVISION EXEIIPTION A PART OF S1/2 SW1/4, SW1/4SE1/4 SECTION 5, ALSO PART OF LOTS 2 AND 3 SECTION 8, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH P. M. , GARFIELD COUNTY, COLORADO. C4CjL y - ''JI'i 01104.1442 788.165 sq. ft. 17.6359 aeras NBryeTPB r 47�. � 09$ 02' 11 • - - - - NB179'16"p Gal A ASA on 939.36 ---- -'ti@1.)0'10"79 PROPOS PD BLOC. 9 i s�1 �. I- _ - - E ENVVELOPE - - 1 278. fB I I'p 318.71 ---_--25.00' .4I P 551 sq. ft. 879 acres N8307.52"8 1015.10' OWNER PERECINE 08 DEVELOPMENTS. 1.10. 00 DONALD R-ZEIGLER P.O. 80X 2810 , CLENW00D SPRINGS. - CO. 81602 MINERAL RIGHTS ALVIN W. WOODY 0545 COUNTY ROAD 352 RIFLE. CO, 8,660 DONALD R. ZIEGLER AND ANNETTE R ZIEGLER 544 N. TRAVER TRAIL GLENWOOD SPRINGS, CO, 81601 HOWARD AND CLARICE ROBINSON P.O. 80X 0185 - RIFLE, CO,: 81660 NOTICE PCCOROBK TO COLOUDO UW 000 MUST COMMENCE AMY LEGA ACMn4 BASED UPON ANY DEFECT IN TITS SUOEY 8TIry4 TREE TEARS IS1ER YOU MST 0SCOVLREO SUM DEFECT. IN N0 EVENT. 1)51 AN ACTION BASE', UPON ANY DEFECT IN 9115 SURVEY SE COMMENCED MORE THAN 104 TEARS ROIL THE DATE OR THE 081016011044 SHOWN HEREON. - POUND BIT COR 1.196.422',P0.11z SURVEYOR THE SEXTON SURVEY COMPA 128 WEST 3RD STREET RIFLE. CO, 81660 PLS. BRIAN A. STEINWINDSR 970-625-3711 'S'06'to"54 --__- - 3PI.77• PROPOSED BLDG. 169.01- - - 160.07' 10.00' I',a-6.3-0-2-100' I Y f` - - 818.71 ENVELOPE uI F. ----- -__ 133.01 I 40.00' f5' WELL 3 - 10..&"...l ,eras' I 05.80029 *Len; oo . I %urJ i Ester. L 5.0120 c q�®' 3"51 o WELL LOTS 2,8 AND 4 .L 100.00 L3 562.45'0, 5 947.35• R.4905.05 4.604.40 7000262.88 DS'57"00" CH -08r51 '6814 6,509. 68 121.0 GD GP n.0 S 10990 05 GRAPHIC SCALE N990026"B 780. /> 4 522,291 sq. It. 11.9903 acres FOUND CDOT IOW MARXEA O 50 100 200 400 ( 1N PEET ) 1 inch = 110 11. NarOs'ssE 74.67 _ sarors ////.99��'c/b'''9i•-PS'S di, 66.OB96 188.80 -ri ���#.242e:1 4=.% . 31145 HIGHWAY 6 AND 24 _ „�i/i/,////i®/,,®,,,Y� ADDRESS APPARENT `/ / HIGHWAY 6 AND 24 / O LEGEND: - BASIS OF BEARING IS THE SW CORNER OF SEC.. 6 A BRASS CAP PLS 14060 AND THE NE CORNER OF SAID PROPERTY 1,5 13501 AS SHOWN. - THIS DOSS NOT REPRESENT .4 TITLE SEARCH BY THIS FIRM OR SURVEYOR - INDICATES FOUND A4 BEHAR UNLESSOTHERWISENOTED. - INDICAT85 FOUND REHAB 8 CAP 38572 UNLE33 OTHERWISE NOTED. - INDICATES SET REBAR AND CAP PLS 31844 - NOTE BOUNDARY LINE ADJUSTMENT B51985 17C 661 ROTATED -00.08'46" TO MATCH. BASIS OF BEARING. -. PROPERTY DESCRIPTION M13010335 BY 0.69' - IRRIGATION DITCH LATERALS NOT LOCATED. - SUBJECT TO COUNTY ROAD RICHT OF WAY. - INDICATES AREA TANEN. AWAY FORM PROPERTY ACREAGE FOR CDOT ROW. - -INDICATES AREA ADDED FROM PR058872 ACREAGE FOR 0007 ROW. 1A11D USE SUMMARY PARENTING PARCEL 41.2449 ACRES - COLORADO DEPARTMENT OF 11101IWAY RO.81-3.2609 ACRES COLORADO DEPARTMENT OF HIGHWAY- ILO.W.+0.041± ACRES LOT AREA USE ADDRESS F1,008 SPACE ZONING PARCEL 1 17.635W .ACRES. 1 DWELLING -UNIT 11W). 68 -24 1,000 SQ. FT. AGRICULTURAL PANEL 2 3.3879 ACRES 1 DWELLING UNIT HEY 64k 24 1,000 3417. AGRICULTURAL PARCEL 8- 5.0129 ACRES 1 DWELLING .UNIT HWY 68 24 -1,000 SQ.FT. AGRICULTURAL. PARCEL 4 - 11.9909 ACRES 1 DWELLING .UNIT -_ HWY 68 24 1,000 SOFT.' "AGRICULTURAL. TOTAL 38.0241. ACRES 4DWELLING UNIT. EASEMENT. 0.1119 ACRES WATER LONE AND WELL ESTE' EASEMENT 1.0079 ACRES ACCESS AND UTILITY BENT. SURV4., 48, 128 WE 13; STREET RIFLE 0 81650 625-9710 9' 5-4700 LINE TABLE - LINE .LENGTH -BEARING 1.1 40.41 S65'35'51"11 L2 - .. 19.93 S75'33'00'W' - -L3 36.25 588'35'18"W 1.4 66.00 N81'38'33"W 1.5 -- 11.48 N89.54'00"W, L6 - 19.46 280'49'00"W --L7 _ 19:58 -. N20°19'28"W 1.8 36.06 - N86'09'35"E 1.9 60.00 S03'50'25"E ZIEGLER SUBDI VISION EXEMPTION A PART OF S1/2 SW1/4. SW1/4SE1/4 SECTION 5; ALSO PART OF -.LOTS 2 AND 3. SECTION 8, TOWNSHIP 6 SOUTH, RANCE 92 WEST OF THE 677-1 PM GARFIELD.COUNTY :COLORADO JO: NO,: - 06187 DWG. BY.- KJS CK BY' BAS DATE: 1/14/09 REV.' REV: CERTIFICATE OF OWNERSHIP AND DEDICATION 10/ow ALL HEN BY THESE PRESENTS. THAT THE UNDERSIGNED PEREGRINE 08 INVESTMENTS. LID. A COLORADO LIMITED LIABILITY COMPANY 13 THE SOLE OWNER IN FEE SIMPLE OF THAT PARCEL OF REAL PROPERTY SITUATED IN GARFIELD COUNTY. COLORADO AND BEING ALL OF THAT PART OF THE LAND SITUATED IN THE SWIM AND SIVE7SE577 S8YTI02/ 5. ALSO ALL THAT PART OF LOTS 2 AND 3. SECTION 8, ALL 121 TOWNSHIP 6 SOUTH, RANGE 92 WEST, OF THE 6171 PN, LYING NORTHERLY OF THE PRESENT U.S. 211516547 NO. 6 AND 24. AND SOUTHERLY OF THE D1TCH IN USE. 15501, AS THE CACTUS VALLEY DITCH. DESCRIBED AS FOLLOWS: PARENTING PARCEL A PARCEL OF LAND SITUATE 1N SECTIONS 5 AND 8, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6171 011. COUNTY OF 548710LD STATE OF COLORADO. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY RIGHT-OF-WAY OF STATE HIGHWAY 6 WHENCE THE SOUTHWEST CORNER OF SAID SECTION 5 BEARS 7119.9346"9 1311.62 FEET: THENCE LEAVING SAID RIGHT-OF-WAY NIl'06.14"W 194.64 FEET: THEME N5213'23"W 115.50 PEET THENCE N49.3024"14 195.02 FEET: THENCE NITI3E5•14T: 262.02 FEETHENCE N15.18'34"E 183.51 FEET TOA POINT IN THE CACTUS VALLEY DITCH THENCE ALONG SAID DITCH THE FOLLOWING 10 COURSES AND 0/STAN 1) THENCE N8531.00"E 337.33 FEET: 2) THENCE N722'0O'8 183.64 FEET: 3) THENCE 577'034'00"8 378.49 FEET; 4) THENCE 557'56'00"E 157.74 FEET: 5) THENCE 571.48'00'£ 376.49 FEET: 6) THENCE S8245'00"E 397.35 FEET: 7) THENCE 559.46'94"£ 302.52 PEET 8) THEME 567'46'30"E 239.01 FEET: 9) THENCE 567'46.96"E 608.41 FEET 10) THENCE N7F28•4rE 217.59 FEET: THENCE LEAVING SAID DITCH 50800'00"E 779.07 FEET TOA POINT ON THE NORTHERLY RIGHT-OF-WAY OF SAID HIGHWAY 6: THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING 8 COURSES AND DISTANCES: 1) THENCE 163.59'5 "W5 231.97 FEET: 2) THENCE 506.06'3,35 60.00 FEET: 3) THENCE .25"9 936.30 FEET T: 4) THENCE ALONG THE ARC OFA CURVE TO THE LEFT WITH A RADIUS OF 2905.05 A DISTANCE OF 50149 FEET ANDA CHORD WHICH BEARS N8057'55'W 503.86 FEET: 5) THEME 586.10.16"9 679.29 PEET; 6) THEME S86•07'0,11186.91 FEET: 7) THENCE 303.50'225"5 60.00 FEET: B) THENCE 086.09'95"9 93.85 FEET TO POINT OF BEGINNING SAID PROPERTY 001,41115 35.0533 ACRES AS DESCRIBED THAT SAID OWNER HAS CAUSED THE LAND AFORESAID TO BE LAID OUT AND SURVEYED AS THE ZIEGLER SUBDIVISION EXEMPTION AS PART OF GARFIELD COUNTY COLORADO. LOT 1 A PARCEL OF LAND SITUATE IN SECTIONS 5 AND 8. TOWNSHIP 6 SOUTH RANGE 92 WEST OF THE 6711 PM. COUNTY OF GARFIELD. STATE OF COLORADO. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ATA POINT ON THE NORTHERLY RIGHT-OF-WAY OF STATE HIGHWAY 6 WHENCE THE SOUTHWEST CORNER OF SAID SECTION 5 BEARS SB9.3836"9 1311.62 MT THENCE LEAVING SAID RIGHT-OF-WAY 6,770 .11, 194.84 FEET: THENCE *1518'25'9 115.50 FEET: THENCE 2149.30'14"9 195.02 FEET: THENCE 5013.45"9 262.62 FEET THENCE 515'133471 183.51 FEET TOA POINT 1N THE CACTUS VALLEY DITCH THENCE ALONG SAID DITCH THE FOLLOWING FIVE (5) COURSES AND DISTANCE'S: 1. THEME N85.3202'£ 337.39 FEET: 2 THEME 08/'22'00"£ 189.64 FEET: 3. THEME 57736'012-8 378.49 FEET: I. THENCE 557•56'00"E 15774 FEET: 5. THENCE 574.48.001E 148.42 MT: THENCE LEAVING SAID DITCH 501.27'77£ 246.49 FEET, THENCE 181.08'10'9 174.70 FEET: THENCE N81'19.16'W 638.31 FEET: THENCE 50741'17'£ 420.96 FEET: THENCE 546.11'21'0 104.08 FEET: THENCE 586.09'35"W 57.78 FEET TO THE POINT OF BEGINNING SAID PARCEL CONTAINS 10,9311 ACRES AS DESCRIBED. LOT 2 A PARCEL OF LAND SITUATE' IN SECTIONS 5 AND B TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6700 PN, COUNTY OF GARFIELD. STATE OF COLORADO, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY RIGHT -07-941 Of STATE H151047 6 WHENCE THE SOUTHWEST CORNER OF SAID SECTION 5 BEARS 586.92'IS9 136599 FEET. THENCE LEAVING SAID N RIGHT-OF-WAY 46'JI'3'104.08 FEET: THENCE 70011'111'9 42096 FEET THENCE 5619'16'6 304.97 FEET: THENCE S01'ZT'SJ0 " 497.70 FEET TOA POINT 011 THE NORTHERLY RIGHT-OF-WAY OF SAID HIGHWAY 5: THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING THREE (9) COURSES AND DISTANCES: I. THENCE 586.07'05"9 186.91 FEET 2. THENCE 1403'50'25"W 60.00 FELT; 3. THENCE 586.09'95'9 36.06 FEET TO THE POINT OF BEGINNING SAID PARCEL CONTAINS 33873 ACRES AS DESCRIBED. LOT 3 A PARCEL OF LAND SITUATE 1N SECTIONS 5 AND 8, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 8TH PM, COUNTY OF GARFIELD. STATE OF COLORADO. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED 4S POLL05S: BEGINNING AT A POINT ON THE NORTHERLY RIGHT-OF-WAY OF STATE HIGHWAY 6 WHENCE THE S OUTHWEST CORNER OF SAID SECTION 5 BEARS N69.39.36-5 159546 FEET: THENCE LEAVING SAID RICHT-OF-WAY 101.27'53"W 49t70 FEET: THENCE 581719'16"E 993.34 FEET: THENCE S8708'77'8 174.70 FEETHENCE 50727'51"£ 381.07 FEET: THENCE TO A POINT 011 THE NORTHERLY RIGHT-OF-WAY Of T: SAID HIGHWAY 6: THEME ALONG SAID RICHT-OF-1441 SB6'10'9O'W 500.42 FEET TO THE PO/NT OF BEGINNING. SAID PARCEL CONTAINS 5.0113 ACRES A5 DESCRIBED LOT 4 A PARCEL OF LAND SITUATE 12/ SECTIONS 5 AND B. TOWNSHIP 6 SOUTH. RANG£ 92 WEST OF THE 6711 PT I, COUNTY OF GARFIELD. STATE OF COLORADO, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON -THE NORTHERLY RICHT-OF-WAY OF STATE HIGHWAY 6 WHENCE THE S OUTHWEST CORNER OF SAID SECTION 5 BEARS 589'21.25"9 2094.86 FEET: THENCE LEAVING SAID RIGHT-OF-WAY 210127'51"9 629.52 FEET TO A POINT /N THE CACTUS VALLEY DITCH THENCE ALONG S AID DITCH THE FOLLOWING SIX (6) COURSES AND DISTANCES: 1. THENCE 574'48'00"E 228.06 FEET: 2. THEME S82'45'00"2 397.35 FEET: 3. THEME 559'46'34"£ 30752 FEET: I. THEME S6T18'00"£ 238.89 FEET; 5. THEME 567'12'00'£ 608.43 FEET: 6, THEME 7171.24.26"E 21753 FEET; THEME LEAV154 SAID DITCH 500.00'00"0 179.01 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF SAID HIGHWAY 6; THEME ALONG SAID RIGHT-OF-WAY THE FOLLOWING FIVE (5) COURSES AND DISTANCES: 1. THEME N89.55'25'W 231.97 FEET 2 THEME 06'08'35"9 60.00 FEET: 8 3. THEME 33'53'25"9 936.90 FEET: I. THEME ALONG THE ARC OFA CURVE TO THE LEFT WITH A RADIUS OF 2905.05 A DISTANCE OF 504.19 FEET ANDA CHORD WHICH BEARS 1188•51 '55, 50386 FEET: 5. THENCE £ 586.09.95 178.87 FEET TO THE POINT OF BEGINNING SAID PARCEL CONTAINS 15.724* ACRES AS DESCRIBED • SUBJECT TO THE TERMS AND CONDITIONS OF PROPERTY LINE AGREEMENT RECORDED SEPTEMBER 12. 2002 IN 80012 1385 AT PACE 651. THAT SAID OWNER DOES HEREBY DEDICATED TO THE 8IEGLER SUBDIVISION HOMEOWNERS ASSOCIATION THE FOLLOWING DESCRIBED ACCESS AND UTILITY EASEMENT, TO 517' A PARCEL OF LAND SITUATED 1N SECTIONS 5 AND 8, TOWNSHIP 6 SOUTH, RANGE 82 WEST OF THE 6711 P.Y. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE SOUTHWEST CORNER OF SAID SECTION 5, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH PRINCIPAL MERIDIAN BEARS S89.38'03"W 1080.22 FM': THEME S87'59•00"8 1016.39 FEET TO A POINT ON THE NORTHERLY BOUNDARY LINE OF HIGHWAY 6 AND 24. THE TRUE POINT OF BEGINNING.: THEME LEAVING NORTHERLY BOUNDARY OF SAID N5HWAY MI.27'075 381.07 FEET; THENCE N81•08'1OW 174.70 FEET; THENCE' 161.19'16"W 393.34 FEET THENCE 50727'51'£ 40.63 FELT: THEME X81.79'16"W 64.18 FEET; THENCE No240'44"1 40.00 FELT THEME *0140'44"0 60.00 FEET: THEME 08179.76"0 57.00 FEET: THEME 08179'76'9 40,01 FEET: THEME 581.19'16"E 393.96 FEET; THENCE 58708'780 208.20 FEET: THEME 30427.57'£ 412,77 FELT 7'0 SAID NORTHERLY BOUNDARY OF SAID HIGHWAY: THEME 586.09.35"W 40.07 FEET TO THE TRUE POINT OF BEGINNING: SAID PROPERTY CONTAINS 43.853 SQ. PT. OR 1.0073 ACRES AS DESCRIBED. GARFIELD COUNTY, COLORADO. TOGETHER WITH ALL OTHER UTILITY. ACCESS, IRRIGATION AND WATERLINE EASEMENTS AND RIGHTS OF WAY SHOWN ON THE ACCOMPANYING PWT AS PERPETUAL BASEMENTS AND PROVIDED THAT THE 2100083 SUED/VISION HOYEOKNERS ASSOCIATION SHALL THEREAFTER BE RESPONSIBLE FOR THE MAINTENANCE. REPAIR AND REPLACEMENT THEREOF. IN WITNESS HEREOF SAID OWNER HAS CAUSED ITS NAME TO B8 SUBSCRIBED TNS DAY OF 2009, PEREGRINE 05 INVESTMENTS, LLC A COLORADO LIMITED LIABILITY COMPANY BY: DONALD R ZIEGLER MANAGER STATE OF COLORADO ) SS COUNTY OF 0.407/£02 ) SUBSCRIBED AND SWORE TO BEFORE ME THIS DAY OF 2009, BY DONALD ZIEGLER MANAGER OF PEREGRINE 08 INVESTMENTS, LLC, A COLORADO LIMITED LIABILITY COMPANY WITNESS MY HAND AND 00610140 SEAL NOTARY PUBLIC HY COMMISSION EXPIRES: ZIEGLER EXEMPTION A PARCEL OF LAND SITUATED IN SECTIONS 5 AND 8, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH P.M. GARFIELD COUNTY, COLORADO. VICINITY MAP SCALE /"'2000• EXEMPTION CERTIFICATE THIS PLAT APPROVED BY 8850LUT10N Of THE BOARD OF COUNTY COMMISSIONERS AT GARFIELD COUNTY, COLORADO THIS _ DAY OF AD 2008. IN FILING WITH THE CLERK AND RECORDER OF GARFIELD COUNTY, SUCH APPROVAL IN NO WAY IMPLIES THAT THE INFORMATION SHOWN HEREIN IS TRUE AND ACCURATE BUT DOES INDICATE THAT THIS PLAT /S EXEMPT FROM AND NOT SUBJECT TO REGULATION UNDER GARFIELD COWRY SUBDIVISION REGULATIONS AT THE TIME OF 175 FILING CHAIRMAN WITNESS MY HAND IN SEAL OF THE COUNTY OF GARFIELD ATTEST COUNTY CLERK NOTES 1. No FURTHER DIVISIONS BY EXEMPTION PROM THE RULES OF SUBDIVISION WILL BE ALLOWED 0 THE INDIVIDUAL LOT OWNERS SHALL BE RESPONSIBLE FOR CONTROL OF NOXIOUS 9£805. 3. NO OPEN HEARTH SOLID -FUEL FIREPLACES WILL BE ALLOWED ANYWHERE WITHIN AN EXEMPTION. ONE (l) NEW SOLID FUEL BURNING STOVE IS DEFINED BY CBS 25-7-401 ET. SEQ.. AND THE REGULATIONS PROMULGATED THEREUNDER WILL BE ALLOWED fN ANY 09'/CLING UNIT. ALL DWELLING UNITS WILL BE ALLOWED AN UNRESTRICTED NUMBER OF NATURAL CAS BURNING STOVES AND APPLIANCES. ONE DOG WILL BE ALLOWED FOR EACH RESIDENTIAL UNIT WITHIN A SUBDIVISION AND THE DOC 011400 BE REQUIRED TO BE CONFINED WITHIN THE OWNERS PROPERTY S. ALL EXTERIOR UWETING BE THE MINIMUM AMOUNT NECESSARY AND THAT ALL EXTERIOR LIGHTING BE DIRECTED INWARD, TOWARDS THE INTERIOR OF THE SUBDIVISION EXCEPT THAT PROVISIONS MAY BE MAO£ TO ALLOW FOR SAFETY LIGHTING THAT GOES BEYOND THE PROPERTY BOUNDARIES. BOUNDARIES. 6. SOIL CONDITIONS ON THE SITE MAY REQUIRE ENGINEERED SEPTIC SYSTEMS 7. ALL RESIDENTIAL CONSTRUCTION WILL BE CONSISTENT WITH THE COLORADO STATE FOREST SERVICE (CSFS) RECOMMENDATIONS FOR CONSTRUCTION OF HOMES CONTAINED IN THE CSFS PUBLICATIONS 'WILDFIRE PROTECTION LN THE WILDLAND/URBAN INTERFACE' AND "MODEL REGULATIONS FOR PROTECTING PEOPLE AND HOMES IN 0UB0111510NS AND AND BUILDING FOUNDATIONS. B. COLORADO 15 A "RIGHT -TO -FARM' STATE PURSUANT TO CRS. 35-3-101, ET SEQ. LANDOWNERS, RESIDENTS AND VISITORS MUST BE PREPARED TO ACCEPT THE T4E5, SIGHTS, SOUNDS AND SMELLS OF GARFIELD COUNTY'S AGRICULTURAL OPERATIONS ASA 4 NORMAL AND NECESSARY ASPECT OF LIVING IN A COUNTY WITH A STRONG RURAL CHARACTER AND A HEALTHY RANCHING SECTOR THOSE WITH AN URBAN SE'NSITIV8TY MAY PERCEIVE SUCH ACTIVITIES SIGHTS, SOUNDS AND SMELLS ONLY AS IN'CONVENIENCE. EYESORE, NOISE AND ODOR HOWEVER STATE LAW AND COUNTY POLICY 71147 PROVIDE THAT RANCHING, FARMING OR OTHER AGRICULTURAL ACTIVITIES AND OPERATIONS WITHIN GARFIELD COUNTY SHALL NOT BE CONSIDERED TO BE NUISANCES SO LONG AS OPERATED IN CONFORMANCE WITH THE LAW AND /N A NDN -NEGLIGENT MANNER THEREFORE ALL MUST BE PREPARED TO ENCOUNTER NOISES, ODOR LICITFS, MUD, DUST, SMOKE CHEMICALS, MACHINERY ON PUBLIC ROADS LIVESTOCK ON PUBLIC ROADS STORAGE AND DISPOSAL OF MANURE, AND THE APPLICATION BY SPRAYING OR OTHERWISE OF CHEMICAL FERTILIZERS, SOIL AMENDMENTS HERBICIDES AND PESTICIDES, ANY ONE OR MORE OF WHICH MAY NATURALLY OCCUR ASA PART OF A LEGAL AND NON -NEGLIGENT AGRICULTURAL OPERATIONS 9. ALL OWNERS OF LAND, WHETHER RANCH OR RESIDENCE, HAVE OBLIGATIONS UNDER STATE LAW AND COUNTY REGULATIONS WITH REGARD TO THE MAINTENANCE OF FENCES AND IRRIGATION DITCHES, CONTROLLING WEEDS, KEEPING LIVESTOCK AND PETS UNDER CONTROL, USING PROPERTY /N ACCORDANCE WITH ZONING, AND OTHER ASPEC'T'S OF USINGAND110MAINTAINING PROPERTY. RESIDENTS AND LANDOWNERS ARE ENCOURAGED TO LEARN ABOUT THESE RIGHT'S AND RESPONSIBILITIES AND ACT AS GOOD NEIGHBORS AND CITIZENS OF THE COUNTY A GOOD INTRODUCTORY SOURCE FOR SUCH INFORMATION IS "A GUIDE TO RURAL LIVING A SMALL SCALE AGRICULTURE' PIT OUT BY THE COLORADO STATE UNIVERSITY EXTENSION OFFICE IN GARFIELD COUNTY. 10. ALL NEW SEPTIC SYSTEMS AND RESIDENTIAL FOUNDATIONS SHALL BE DESIGNED BY A PROFESSIONAL ENGINEER LICENSED TO PRACTICE /N COLORADO. 11. ADDRESSES ARE TO BE POSTED WHERE THE DRIVEWAY INTERSECTS THE COUNTY ROAD IF A SHRED DRIVEWAY IS USED, THE ADDRESS FOR EACH HOME SHOULD BE POSTED TO CLEARLY IDENTIFY EACH ADDRESS. LETTERS ARE TO BE A MfNIMUY OF 4 INCHES IN HEIGHT, } INH IN WIDTH AND CONTRACTS WITH BACKGROUND COLOR I2. DRIVEWAYS SHOULD BE CONSTRUCTED TO ACCOMMODATE THE WEIGHTS AND TURNING RADIUS OF EMERGENCY APPARATUS IN ADVERSE WEATHER CONDITION 13. COMBUSTIBLE MATERIALS SHOULD BE THINNED FROM AROUND STRUCTURES SO AS TO PROVIDE A DEFENSIBLE SPACE IN THE EVENT OFA WILD LAND FIRE: AND 14. "THE MINERAL RIGHTS ASSOCIATED WITH THIS PROPERTY WILL N0T BE TRANSFERRED WITH THE SURFACE ESTATE THE%FO% ALLOWITHE POTENTIAL FOR NATURAL RESOURCE EXTRACTION ON THE PROPERTY BY THE MINERAL ESTA1 TE OWNERS) OR LESSEE(S)... OWNER PEREGINE 08 DEVELOPMENTS, L12. CO DONALD R ZEIGLER 00. BOX 2870 CLENWOOD SPRINGS, CO. 81502 MINERAL RIGHTS ALVIN W. WOODY 0545 COUNTY ROAD 352 RIFLE CO, 87650 DONALD R. ZIEGLER AND ANNETTE R ZIEGLER 544 N. TRAVER TRAIL GLENW00D SPRINGS, CO, 81601 H09ARD AND CLARIC0 ROBINSON P.O. BOX 1785 RIFLE. CO, 81650 SURVEYOR THE SEXTON SURVEY COMPANY 128 WEST 3RD STREET RIFLE. CO, 01650 PLS, BRIAN A STEINWINDER 970-625-3711 ,c0" S U R`FP DO - 128 WE5TII3, STREET RIFLE 0. 81650 625-Z 71 II 9'5-4700 ATTORNEY'S OR TITLE COMPANY CERTIFICATE TIMOTHY A. 7300001 DOES HEREBY CERTIFY THAT HE HAS EXAMINED THE TITLE TO ALL LANDS DEDICATED AND SHOWN HEREON THIS PLAT, AND TITLE TO SUCH LANDS IS IN THE DEDICATOR FREE AND CLEAR or ALL LIENS. TAXES. AND ENLVHBRANC£S 1X2887 AS FOLLOWS: MINERAL RESER/ATIONS LVNTAINED IN DOCUMENTS RECORDED IN 8001 1899. PAGE 1045: AND BOOK 347, PAGE 478 DATE MORTGAGE OR LIEN HOLDER'S CERTIFICATE WELLS FARGO BANK NA, BEING THE HOLDER AND OWNER OF A PROMISSORY NOTE SECURED BY DEED OF TRUST DATED MARCH 1. 2007. AND RECORDED MARCH 2. 2007. AS RECEPTION N0. 718232, AND A PROMISSORY NOT£ SCORED BY A DEED OF TRUST DATED MARCH 1, 2007, AND RECORDED MARCH 2, 2007 AT RECEPTION M 718233 OF THE 548711LD COUNTY RECORDS. HEREBY CONSENTS TO THE SUBDIVISION OF THE LANDS SHOWN ON THIS PLAT. AND SUBORDINATES THE LIEN REPRESENTED BY THE AFORESAID DEED OF TRUST TO THE DEDICATIONS AND RESTRICTIONS AS SHOWN ON THE ATTACHED PLAT AND ITS RELATED COVENANTS, CONDITIONS AND RESTRICTIONS. MORTGAGEE 0R LIEN HOLDER 98055 FARGO BANK N.A. 101 NORTH PHILLIPS AVENUE SIOUX FALLS, SD 57104 STATE OF COLORADO ) COUNTY OF 548718LD ) ) SS BY AS 7X8 FOREGOING WAS ACKNOWLEDGED BEFORE Y£ THIS DAY OF Y 2009 BY AS OP' 51TNES5 YY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC BOARD OF COUNTY COMMISSIONERS' CERTIFICATE THIS PLAT, APPROVED BY THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO THIS DAY OF A 0 2009, FOR FILING WITH THE CLERK AND RECORDER OF GARFIELD COUNTY AND WITH CONVEYANCE TO THE COUNTY OF THE RELIC DEDICATIONS SHOWN HEREON SUBJECT TO THE PROVISION THAT APPROVAL IN N0 WAY OBLIGATES 048710LD COUNTY FOR THE FINANCING OR CONSTRUCTION OF IMPROVEMENTS ON LANDS, RBOC HIGHWAYS OR EASEMENTS DEDICATED TO THE PUBLIC EXCEPT AS SPECIFICALLY AGREED TO BY THE BOARD OP COUNTY COMM/SS/ONERS AND FURTHER THAT SAID APPROVAL SHALL IN NO WAY OBLIGATE GARFIELD COUNTY FOR THE CONSTRUCTION, REPAIR OR MAINTENANCE OP PUBLIC HIGHWAYS. BY CHAIRMAN WITNESS MY HAND AND THE SEAL OF THE COUNTY OF GARE/ELD, ATTEST- COUNTY TTEST COUNTY CLERK GARFIELD COUNTY CLERK AND RECORDER'S CERTIFICATE THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY AT_ _O'CLOCN_IL ON THE _ DAY OF AD 2009 AND IS DULY RECORDED IN BOOK PAGE RECEPTION NO CLERK AND RECORDER 81 DEPUTY SURVEYORS CERTIFICATg I BRIAN A. ST£INWINDER 00 HEREBY CERTIFY THAT / AM A REGISTERED LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO THAT THIS PLAT IS A TRUE CORRECT AND COMPLETE PLAT OF THE ZIEGLER SUBDIVISION EXEMPTION PLAT: COUNTY OF GARFIELD, STATE OF COLORADO. AS LAID OUT, PLATTED AND DEDICATED AND SHOWN HEREON. THAT SUCH PLAT WAS MADE FROM AP ACCURATE SURVEY OF SAID PROPERTY BY Y8 AND UNDER MY SUPERVISION AND CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS. EASEMENTS AND STREETS OF SAID SUBDIVISION AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCE WITH APPLICABLE REGULATIONS COVERING THE SUBDIVISION of LAND. IN WITNESS WHERETO 1 HAVE 587 YY HAND AND SEAL THIS _ DAY OF A D 2009 BY BRIAN A STEINWINDER COLORADO REGISTERED PROFESSIONAL LAND SURVEYOR 31944 FOR AND ON BEHALF OF THE SEXTON SURVEY COMPANY G'RFIELI CO TY SURV 'S CERTIFICAT APPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF SURVEYS. CALCULATIONS OR DRAFTING. PORSUANT TO C.R.S. 38-51-101 et. seq. Br GARFIELD COUNTY SURVEYOR DATE: ZIEGLER EXEMPTION EXHIBIT B-1 A PARCEL OF LAND SITUATED IN SECTIONS 5 AND 8, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH P.M. GARFIELD COUNTY, COLORADO PROJ.: ZIEGLER EXE. 09 DWG.:ZIEGLERFINAL DWG. BY KJS CK BY: BAS DATE: 2/7/08 REV. 1/13/09 REV: 10/2/09 1 of 2 ZIEGLER EXEMPTION A PARCEL OF LAND SITUATED IN SECTIONS 5 AND 8, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH P.M GARFIELD COUNTY, COLORADO. 476,268.398 sq. It. 10.9343 Noss 217905400056 PARENTING PARCEL 1,526,892 sq. 35.053± acres r s oos'c 25.00' II. 41: 81v 10.00' - �� 304.97' 233.24' — — — _ �o IN PROPOSED BLDG eL c' ENVELOPE TIE N88.38.46"E 1311.62' SW COR SEC. 5 1 B4� Z4(" PPBp�z •m „ 33236 ---_ __ N8)•OB'>0"W _ 3l' 208 zo — — — �3 --9 __Ne1.OB_10^II it6 — _ _ —__— 114.70' I P.. PROPOSED BLOC. ls9pl r0.o0'�-a ENVELOPE • o _ )69.01' 100 GRAPHIC SCALE SO 100 TOO 400 mG 5' WELL 107.5..607 q. 7t_ "":„V-` , b AND tan 3.387E xr nn� £3NT. ..n Loo S:aa ';:, IA l'.1.:1 S86'09'35 586.07'0,' 186.91' 31145 HIGHWAY 6 AND 24 ADDRESS APPARENT LAND USE SUMMARY PARENTING PARCEL 35.0533 ACRES COLORADO RADO DEPARTMENT MENT OF HIGHWAY HWAY R0.W+0.2601 ACRES .0471 ACRES LOT AREA USE ADDRESS FLOOR SPACE ZONING PARCEL 1 10.9341 ACRES 1 DWELLING UNIT NWY 614 24 1.000 SQ.FT. AGRICULTURAL PARCEL 2 3.3873 ACRES 1 DWELLING UNIT HWY 614 24 1,000 SQ.FT. AGRICULTURAL PARCEL 3 5.0103 ACRES 1 DWELLING UNIT HWY 61 24 1,000 SQ.FT. AGRICULTURAL PARCEL 4 15.7242 ACRES 1 DWELLING UNIT HWY 614 24 1,000 SQ.FT. AGRICULTURAL TOTAL 35.0533 ACRES 4 DWELLING UNIT EASEMENT WATERWELL ESMT. EASEMENT 10.0073 ACRES.1111 ACRESACCESS AND NEAND UTILITY ESMT. "ocewt7O154we ro ftft IRSu<w I.T V11 114TV WITHIN YEARS 1111 FIRST DISCOVERED SOON DEFECT. BEMEORE1Ni cTHIS a�YCOCOMMENCED MHAN TEARS s ricRmKADCH sIRgw" HEREON 3 218.275.248cn5 ft. 5.0113 N L _100.00' _ _ J ( IN FEET) 1 inch = 100 1t. Tiy W.c -------3--- 97.35' 9735' ... 684.917.348 sg. It. 15.7243 acres ty 1 FOUNDAORKER ROW 02`1,2 2 r1 14 14 41-•-•-""67977'Z 8473 AC. 500.42 9 ],796,454 sp ft _____�� SB6'10'76'•W OUTSIDE OF ROW FENCE �����NJYc �T�S'•W HIGHWAY 6 AND 24 - BASIS OF BEARING IS THE SW CORNER OF SEC. 5 A BRASS CAP PLS 14060 AND THE NE CORNER OF SAID PROPERTY LS 13501 AS SHOWN - THIS DOES NOT REPRESENT A TITLE SEARCH BY THIS FIRM OR SURVEYOR A - INDICATES FOUND 44 REBAR UNLESS OTHERWISE NOTED 0 - INDICATES FOUND REHAB 11 CAP 36572 UNLESS OTHERWISE NOTED. 0 - INDICATES SET REBAR AND CAP PLS 31944 - NOTE BOUNDARY LINE ADJUSTMENT BK 1385 IC 651 ROTATED -00.08'40" TO MATCH BASIS OF BEARING. - PROPERTY DESCRIPTION M100100ES BY 0.63'. - IRRIGATION DITCH LATERALS NOT LOCATED. - SUBJECT TO COUNTY ROAD R15117 OF WAY. V /1 - INDICATES AREA TAKEN AWAY FORM PROPERTY ACREAGE FOR CDOT R.0.16 ® - INDICATES AREA ADDED TO PROPERTY ACREAGE FOR COOT RO.W 57;°0" PFY cc 128 WE 3, STREET RIFLE CO..\81650 625- 711II, 9\5-4700 D U �1 1 •EE� 1 �."-r 53 I ?IP. E'- P••.N8231977- --__I 936.30 T------ ^I LINE TABLE LINE LENGTH BEARING LI 60.00 S06°06'35"W L2 60.00 NO3'50.25"W ZIEGLER EXEMPTION A PARCEL OF LAND SITUATED IN SECTIONS 5 AND 8, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH P.M. GARFIELD COUNTY, COLORADO PROJ:ZIEGLER EXE. 09 DWC.:2IECLERFINAL DWG. BY: KJS CK BY: BAS DATE: 2/7/08 REV: 1/13/09 REV: 10/2/09 2 f 0 2 Adjacent Property Owners Reid Trust 1150 C.R. 233 Rifle, CO 81650 Verna Mullet 10463 C.R. 6 Ft. Lupton, CO 80621 Scott & Debra Robinson 31677 Hwy 6 & 24 Silt, CO 81652 Wade Schriock Christine Holaday Schriock Box 2506 Glenwood Springs, CO 81602 1 INTEREST "/,, 1 NET ACRES I LEASEHOLD & EXPIRATION DATE ' MINERAL OWNERSHIP REPORT PROSPECT: Ziegler Parcel SECTION: 5 & 8 TRACT # 1 DESCRIPTION: TOWNSHIP 6 South RANGE: 92 West All that part of the Sli2SW I/4 and SWI/4SEI/4 Section 5, also that part of lots 2 and 3, section 8, all in Tp. 6 S., R. 92 W of the sixth P.M. lying northerly of the present U.S. Highway No. 6 and 24, and southerly of the ditch in use, known as the Cactus Valley Ditch, described as follows: Beginning at a point on the Easterly line of said SW1/4SEI/4 of section 5; Whence the South East corner of said section 5 bears 83 57' E. 1348.03 ft.; thence 287.7t1 along the Easterly line of said SW 1/4SE1/4 and theEasterly line of said lot 2 section 8 to a point on the Northerly line of said Highway; thence N. 83 17' W. 615.9 ft. along the Northerly boundary of said Highway; thence N. 88 00' 849.2 ft along the Northerly boundary of said Highway; thence N. 87° 59' W. 1436.8 ft. along the Northerly boundary of said Highway; thence N. 33 48' W. 538.4 ft.; thence N. 57 40' E. 116.0 ft.; thence N. 46 39' W. 132.46 ft.; thence N. I T 20' W. 183.85 ft.; thence N. 80 49' E. 20.0 ft.; thence S. 89° 54' E. 1 1.48 ft, to a point in the center of said Cactus Valley Ditch; thence N. 84° 31' E. 524.82 ft along the center line of said ditch; thence N. 81° 22' E. 183.64 ft. along the center line of said ditch; thence S. 77 34' E. 378.49 ft along the center line of said ditch; thence S. 57 56' E. 157.74 ft.along the center line of said ditch; thence S. 74° 48' E. 376.49 ft. along the center line of said ditch; thence S. 82° 45' E. 397.35 ft along the center of the ditch; thence S. 59° 47' E. 302.54 ft. to a point in the center of said ditch; thence S. 67 48' E. 847.42 ft. along the center line of said ditch; thence N. 71° 27' E. 218.0 ft along the center line of said ditch; to a point on the easterly line of said SW 1; 4SE 1 /4, the point of beginning. COUNTY: Garfield STATE: Colorado 1 CERTIFY THAT l HAVE: John Doose (X) PERSONALLY EXAMINED THE COUNTY RECORDS Surface Ownership Donald R. Ziegler and Annette R. Ziegler 544 N Traver Trail Glenwood Springs, Co 81601 OWNER I MINERAL OWNERS 1 Alvin W. Woody 0545 County RD 352 Rifle, CO 81650 2 Howard and Clarice Robinson 50.00000% 25.00000% 3 Donald R. Ziegler and Annette R. Zieglc 25.00000% 544 N Traver Trail Glenwood Springs, Co 81601 Leased: Antero Resources 11 Corp. BK -1663 PG -777 2-17-2005 Leased: Antero Resources II Corp. BK -1662 PG -675 2/14/2005 Leased: Antero Resources 11 Corp. BK -1662 PG -675 2/14/2005 Note: Sources, Stewart Title of Glenwood Springs, Garfield County Clerk and Recorder. Red Lines 'IL AND GAS WELLS 6 Oil and Gas Wells C) Permits Pending Permits 1i Pits (approx locs) !TIES TOWNS PLACES ❑ Towns and Places OADS AND RRS Major Highways — Major Roads Railroads 'ATER RESOURCES fl Lakes Streams 4N JUAN BASIN - - Fruitland PC GUGGC GIS Online SCALE 1 : 27,902 2,000 0 2,000 FEET ,://oil-gas.state.co.us/infosys/Maps/cogccProduction.mwf 4,000 6,000 N Friday, May 18, 2007 1:29 PM 1 111111 11111 1111111 1111 111 111111 1111111 111 11111 1111 1111 Producers 8$ - PND UP 668608 02/14/2005 01:05P 81662 P675 M ALSOORF Revisal 1 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO PAID-UP OIL AND GAS LEASE AGREEMENT, Made and entered into the 16th day of November . 200 4 . by and between Howard Robinson a/k/a Charles Howard Robinson a/k/a C. Howard Robinson, and Clarice Jane Robinson AKA Clarice 2. Robinson, as tenants in common P.O. Bat 1185, Res, CO 81850 Antero Resources 11 Corporation whose address is , hereinafter called Laser (whether one or Wore) and whoa address is 1625 17'a Street, Suite 300, Denver, CO 80202 hereinatler called Lessee - WITNESSETH, That the Lessor, for and in consideration of TEN AND MORE DOLLARS ($10.00*) ash in hand paid. the rnccgx of which is hereby eel v Goveuna and agreements av hereinafter contained, hes granted demised, leased and la, and by these p nests dodc es grant, mite, lease end let Y the said Leuee, rhes land hereinder described, with the exclusive right for the purpose of drilling, mivirts mtploriag by gwphyaial and other methock, and ooLL 8hcn� producing therefrom o0 name and all gas of whatsoever nae « kind, specifically including coalbed methane and any and all substances produced in association coal -bearing thermions, peewee, all that certain tract at lend situated in the County of Q Stam of QQ, described u tallows, tOwi•. .. .. _ . . . Sex Exhibit "A" attached hereto and made a part hereof There will be no surface occupancy on this lease. iogetbr with any reversionary rights therein, and together with all strips or parcels of Ind, (ma however, to be construed ID itelude legal subdivision or la of approximately ng ) adjoining a coniPcIaw, dcby Lessor, • regular 40 -acre PPe Y corrapoedi size ad'o grow to the above described land and owned or claimed by Lessor, and containing 41.85 sate. more r lace said leased 1t is agreed din this lase shag u regain in force for a term of dent !3) yyss from thereafter fter oil or gas of whatsoever nature or kind is produced from It or on acreage pooled therewith, or drillug operations aro continued as heinaam provided I at the Pknery term of dtis lease, oil or musis e ie ing pro long u operaoduaxl on the tions ue� bei continuor on ously �� t�� but Lessee is then mpg= in drilling or re-workingoperationsoperations' thereon, then this lease shall continuously inously prosecuted on the !eased premises or on adagepoe led therewith; and prosecuted Wren more than ninety (90) days stall elapse between the completion or abandonment of one well and the beginning of ns skill be considered m be • subsequatt well. If alter discovery of oil or gas on said land or on acreage pooled therewith, the rnpnmanoeos for the drilling mes$ Ian skill not terminale if Lane cotnmaces additional drill' or re -work' production should sass of oe area awe robs the primary deet this completion of dry hole. if oil or gas stall be disoovaed and°� ° within nasty (90) expiration from dam ri ary t of production leen or from dam of continue in throe so ! 'produced u • rant of ads operations w or cella the expiration of thea primary tato of this base, this lease slap long as oil or ges is produced front the lased premises or on acreage Pooled therewith. In the event a well or wells is drilled and completed an the lands, or oe the lands pooled therewith, for the of developing coal "operations" shall man, in addition to those matters covered in the preceding paragraph. ( I ) W neper Dba bel gas, the eves, or to dispose of such water or other substances, eve thou such operations os union wells dr remove venter or anis substances Ram nue ng -in r though a orrundoa ro not road. a die g 4* ill toofrwlborc.hydrocarbons in WYI+s 9uamitiea, or (2) abusing -in « otherwise discontinuing production from said welb to allow for sixth= undergrroued mining affecting the drillsites «wellbore. 2. This is a PAID-UP LEASE. In consideration of the down cash p•yman, Lessor Was l.eam shall not be obligated, except u otherwise commence or continue any operations during provided herein, to theiM se may at any time « times during or after the primary tem summate this lase as to n any portion of' stud land and as to any stns or stratum }ry by filing for record a edea or be eater surrenderedreleases, and relieved of all oWiptioa thereafter accruing as to the 3. Inconsideration oflla pmnYap the wad Lmueoova•ns and aped: (See Addendum attached) in To deliver 10 the ceedia of Lear, eros of cot, it the pipe line to which Lena may connect wells on said Wel, the equal elahteen Percent (18.00%) part of all oil produced and sawed from the leased premises. 2nd To pay LM+or on gar and minder= gas produced Mu said land (1) whim sold by Lessee. NOM cement (18,0096 of the net Ron such ale or (2) when used by Lame orf and kid er in the manufacture of gasoline or other u ) Rcefthe derived eighteen inroad (18,00%1 of such gas sad asinghesd gar, Lessor's interest, a either products, the marks value. u 18. mouth of the well, of 'mmpressint dehydrating and otherwiw tracing such gar or esti ca+a. to bar elle and 1luI < emen g61 . the cot e cost of gee and metope -dog such gar and "!I> d 01 m render q marketable w ok ore and ildlDset cement (18.OD961 of doe 3rd To my Laser casinghead �°o ore mouth of the well a the point of »N or inti utas produced Ron any on well and raced off the marriage or in the manu6erura ofaline or percent (18,00961 of the proceeds, at the mouth of the well, payable monthly at the preyed Mg market ram. product,a malty of *him 4. W� trona w tI capable herder sof be eluding gas is not old d tie u Lame may pay or tender u royalty to the royalty owners One Dollar per year per net acre reined hereunder, such emery dab of this less ma ensuing after the expiration of 90 days from the date such well is shut los and thereafter on or before the anniversary dote of this lease during the period such well is shut ia if suck payment or tender is nude it will be conidcrcd that psis being produced within the meaning of this lease. S. If said Lessor owns a lea interest in the above dacnbed Wel than the entire and undivided the simple etre thea, then the royalties (including any shut-in gas royalty) heroin provided for shall be pad de Lessor only in the proportion which LeQ.'s interest bars to the whole and undivided the. 6. Lessee shall have the ngbt to use, Ree of cost, gas, oil aced water produced oa aid land for Lessee's operation thereon 7. When requested by Lessor, Lessee shall bury Lessee's pipeline below plow depth s. No well shall be drilled nearer than 200 feet to the house or bun now on said premises without written consent of Lessor. 9. L®ae shall pay for damages caused by Lessee's operations to groynes crops on aid land 10. Lessee shall here the right w any time to remove all machinery and fixtures placed on said panisa, including the right to draw and remove caeirng, be binding 11. on LThe tuts of Less has end e hereunhedw der th may consisting be d in whole or part No charge in owrorship of Leer's interest (by euigmmar or otherwise) shall notice, sthy of certified copies of all recorded instrumeoa or documents and other information oecanary to hestablish a complete chain of record tide from Lessor, and them only with respect to payments threaer made. No other kind of notice, whether actual or constructive, y8 ebindirights of o Loto and all L •h10 Mena mesas fops mayofertile division f Lend ovmaship as t di86rew portions or parcels of add lishall operate to enlarge the obtiguima or diminish owner, eprd s division. Wall or any put of Otis lass is assigned, leasehold owrtu shall be liable for any act or omission of any other leasehold 12. Lessee, at its option, is hereby given the right and power at any time and Som time to time u ■ recurring right, either before or alta l or any pmt of the land described herein and u to any one or mom of Ore form ate= bvander, to pool or unitize the leasehold tote and the mineral estate covered byu to this lease with other land, lease or leases in the immediate vicinity for the production of oil and gas, or separately far the production of entree, when in L essee's'u danast or advisable to do so, and irrespective of whether authority similar m that existe with t t to such other land, lease or leases. Likewise. unix a a u ne tic eery formations not producing ail or gat, may be reformed s exclude such mngor Pof any unit shall be Y flashed by include executing and filing of record a declaration of such uottiati= or reformation' � declaration shalt dumxibe tub unit. refornAs unit may iactude lend upco which Lessee has theretofore been completed or upon which operations for drilling have theretofore been commmenced pan which a well has a market anywhere on a unit which include all or a put of this lease sb+8 be traced as if it war Production, r r reworking operations operations or ■ well u mt f fr worm • market under this lease. In lieu of else royalties elsewhere rostra yood re. er shallhor «ve os pr ductioor • e u ttso in forwent ofd only on the portion of such such specified, allocation s all b that proportion ops royalties,he Lear odreceive t e total bra from the unit ser acres c royaltiesby this lease and included in unit t bearsatthtbeL allocated number of surface screen such unit. In addition m die foregoing,te production that the told number ofsurfacepose awed all or my pan of the above described lam as to ono or more of the formatio s thereunder with other lands N Lassa slap have the right 0 pe, prat, r combinetpn of development or opennon approved by any governmental audoeity and, from time b rima, with lata approval, to gweral area by or terminate into y such placooperative or unit peat and io such event, the teens, conditions and the terms, d+oon tion and any sons plan o agreement d provisions and, arti leve shaft be drilling deemed modified to conform requirementsto rho ams, isc, a aaq sod milli , a ll be s cepfed by c mp�l ince with the drilling and development requireme b ofl � nor agtscm and d this lemas alltcof this Ione. exams t or 41 implied, Mall be satisfied by In the man that said above described lands rD l � add this ase shall not era re or u ht expire during the lib of such op plan or b reemat production therefrom is allocated to diffrcot any Date fthe la shell coveredby said operated atth under any scuo colpa led unit plea of tract of or operation whereby the cons the poem of t regarded as having been plea, than from production is laral tract to anyand which 11 Incl of tedd shall, for my otherpurpose of computing royalties b be pfd hereunder m Lesser, be produced Rom the particular tray of Ind pro which it is allocated and not b any other tract of land; and the royalty payments to be trade hereunder to Lessor shall be lased upon production only as so allocated Lessor shalt formal coop:catiivo or unit p of development or operation adopted by Lente and approved by any governmental by executing the same upon request Lessor's 13. What m any opennons or production are delayed or interrupted by lack of wane, labor r me a or fire, storm, flood, war retell' differences with workmen, or failure of amen to furnish transport or famish facilities for tarnporutioa or tach of market in the field km the mute Is produced, r u a insurrection, riot, Built of any cause whammy= beyond the cool of Lessee, the time of such delay or imareption shall not be counted web delay or interruption and ninety (90) days thereafter, anything in this lease s the contrary notwithstanding, againsttris lase shall remain in force during l`i 14. Lessor hereby warrants and agrees to defend the title to the lauds herein described, and agree that dm Lem Sat have the right at any time to redeem for Lessor, by payman, any mortgages, taxes or other liar on the above described lands, in the event of delimit of pe mem by Leave and be subrogated to the rights of the holder thatof and the unudersinted Lesson, for themselves and the heirs, successors and resign, hereby sunadaa premiss described herein, ono u said right of dower and homestead mand ream e, right of dower and homestead in the 13. Shouldf rtes any way °l F°� which thin Ince is made as denied paean, any tae or more o the panic hereinabove tamed u {,scene fail to ,assn, this Ines it shell nevertheless be binding upas all sorb paras, vele do execute it as Lela. The weed "Lessor,' as used in this lac shall man any one or more or all of the patties who execute this las u Lessor. All the previsions of this lase stall be binding on the heirs, socsoeor, end assigns of Lessor and Less. 16. Lessor awes that Leas may locate a well or wilts an any drilling site located any pert of the land described herein, including the right to a subsurface easement through any put of the land described herein, which wells wit be used to avers the subsurface ofadjaoat mineral owners 17. NatwitMaodmg anything b the contrary oomaiaed hernia, Lase has the option to extend the primary tam an additional one I) year with the payment of an amount equal to S400 per net acre, such amount being paid to Lessor oe or bears the aspiration of the primary seta set fiesta above in paragraph 1. Such payment slag be considered tendered by Lass and received by Learn when deposited, pmtage-peid in the United Stats malt, or with a nationally rccogaimd carrier sevica 18. See Addendum attached. IN WITNESS WHEREOF, this irnuumest in executed as of the date first above written. Robinson Wm Charms Howard Rabin ass a Ida C. Howard ,ince Jana Rmlroat labs J. R STATE of Colorado COUNTY of ACKNOWLEDGMENT -INDIVIDUAL BEFORE ME, the andasigoed, a Notary Public, is and for said County and State, on this / day of J ✓ V , 200 4 personally appeared Howard Rubinson a/k/a Charles Howard Robinson a/k/a C. Howard Robinson and Clarice Jane Robinson a/k/a Clarice J. Robinson identical person s , described is and who executed the within and foregoing instrument eventing and acknowledged to s that MU u tttSV free end voluntary act and deed for the uses and manses therein sat forth and in de - . ity stated them.. IN WITNESS WH F, I have hereunto as my hand end affixed my notarial red the day and year leer a My Convulsion Expiroc STATE of COUNTY of BEFORE ME, the undersigned, a Notary Public, in and for said County and Sure, art Chia day of , 200 personally appeared N: - Pubiec: , RIC known tobethe t he j duly accented Aden= fer) G r ' J!t ACKNOWLEDGEMENT -INDIVIDUAL identical person _ , described in and who executed the within andm ma kmwo W be she btegoiog instrument of writing and acknowledged u res that _ In _ duly soared same u bee and voluntary act and deed 1br the use and purposes therein ser forth and in this: capacity slated therein. IN WITNESS WHEREOF, 1 have hereunto ser my land ad affixed my nosriai seal the day and yea last &bow written. My Commieioe Expires Notary Public: Address Affix re ordiea return to' Tatiana Land Consultants, Inc. 770 Rock Croda R4 N 117 Nonan, OK 73069 1111111111111111111111111111111111111111111111111111111 668608 02/14/2005 01:05P 81662 P678 M ALSDORF 2 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO 1 11111111111 11111111111111 111111 1111111111 111111111 1111 668608 02/14/2005 01:05P 61662 P677 M ALSOORF 3 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO ADDENDUM THIS ADDENDUM constitutes an integral part of that certain Paid -Up Oil and Gas Lease dated the 16i6 day of November, 2004, by and between, HOWARD ROBINSON aka CHARLES HOWARD ROBINSON aka C. HOWARD ROBINSON and CLARICE JANE ROBINSON aka CLARICE J. ROBINSON, as tenants in common, as Lessor, and ANTERO RESOURCES II CORPORATION, as Lessee. THE PARTIES FURTHER AGREE as follows: 1. The following terms and conditions of this Addendum shall supercede and take precedence over any inconsistent or conflicting preprinted provisions of the foregoing Paid -Up Oil and Gas Lease. 2. No well, road, pipeline, structure or other surface facility of any kind shall be upon the Leased Premises. No entry on the surface of the Leased Premises shall be permitted and only pooling and directional drilling from neighboring lands shall be utilized by Lessee to exploit the leased mineral rights. 3. Producing wells or shut-in wells shall hold this Lease beyond the primary term only with respect to that part of the Leased Premises committed to the unit or pool in which such well is located or otherwise included in the spacing unit prescribed by governmental authority within which such well is located. 4. Lessee shall permit no well to remain shut-in during the primary term or thereafter for more than eighteen (1 8) months. 5. For purposes of determining the royalty payable to Lessor under paragraph 3 of the Lease, Lessor shall, in no event, bear any part of the costs and expenses of production, gathering, dehydration, compression, transportation, manufacturing, processing, treating or marketing of the oil, gas or gas products produced from the Lease Premises or any part of the costs of construction, operation or depreciation of any plant or other processing facilities or equipment, wherever located. Dated this 16`h day of November, 2004. oward Robinson, aka Charles Howard Robinson, aka C. Howard Robinson Clarice Jane Robinson, Clarice J. Robinson 7,O:JT CESK/'l:enc/Rob_nscn/Mcaro,Doci Rrldwn:l;:i.-Fd ANTERO RESOURCES II CORPORATION By: t crc ,Title 1111111111111111111111111111111111111111111111111111111 668608 02/14/2005 01 05P B1662 P678 M ALSDORF 4 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO EXHIBIT "A" ATTACHED TO AND MADE A PART OF THAT CERTAIN OIL AND GAS LEASE DATED NOVEMBER 16, 2004, BY AND BETWEEN HOWARD ROBINSON A/K/A CHARLES HOWARD ROBINSON A/K/A C. HOWARD ROBINSON AND CLARICE JANE ROBINSON A/K/A CLARICE J. ROBINSON, AS TENANTS IN COMMON, LESSOR, AND ANTERO RESOURCES II CORPORATION, LESSEE: DESCRIPTION OF LANDS: Township 6 South, Range 92 West, el P. M. All that part of the S1/2SW1/4 and SWI/4SE1/4 Section 5, also all that part of Lots 2 and 3, Section 8, all in Tp. 6 S., R. 92 W., of the 0 P.M., lying northerly of the present U. S. Highway No. 6 and 24, and southerly of the Ditch in use, known as the Cactus Valley Ditch, described as follows: Beginning at a point on the Easterly line of said SW 1/4SE I/4 of Section 5; whence the South East corner of said Section 5 bears S. 83'57'E. 1348.03 ft.; thence S. 282.7 ft. along the easterly line of said SWI/4SE1/4 and the easterly line of said Lot 2 Section 8 to a point on the Northerly line of said Highway; thence N. 83'17' W. 615.9 ft. along the Northerly boundary of said Highway; thence N. 88'00' W. 849.2 ft. along the Northerly boundary of said Highway; thence N. 87'59' W. 1436.8 ft. along the northerly boundary of said Highway; thence N.33'48' W. 538.4 ft.; thence N. 57'40' E. 116.0 ft.; thence N. 4619' W. 132.46 ft.; thence N. 80'49' E. 20.0 ft.; thence S. 89'54' E. 11.48 ft. to a point in the anter of said cactus Valley Ditch; theta N. 85'31' E. 524.82 ft. along the center line of said ditch; thence N. 81'22' E. 183.64 0. along the center line of said ditch; thence S. 77'34' E. 378.49 ft. along the anter line of said ditch; thence S. 57'56' E. 157.74 ft. along the center line of said ditch; thence 74'48' E. 376.49 ft. along the anter line of said ditch; thence S. 82'45' E. 397.35 ft. along the anter line of said ditch; thence S.59'47' E. 302.54 ft. to a point in the anter of said ditch; thence S. 67'48' E. 847.42 ft, along the anter line of said ditch; thence N. 71'27' E. 218.0 ft. al, -ng the center Zine of said ditch; to a point on the easterly line of said SWI/4S5114, the point of beginning. Containing 41.85 acres, more or less. .Lessors herein intend to lease any right, title and interest Lessors may have in and to any and all mineral rights on, in and under any and all streets, county roads, highways, railroad strips and/or any and all other easements and rights of way whatsoever, canals, ditches and other waterways lying across and/or adjacent and/or in any way appertaining to the lands hereinabove described, including without limitation any lands acquired by accretion through meander of waterways. SIGNED FOR IDENTIFICATION: Howard Robinson a/ka Charles Howard Rpbinson a/k/a C. Howard Robinson X: Clarice Jane Howard a Clari t.C.rJ.QZ-� J. Robinson Mill 1111 11111111111111111111111111111111 Pemisie roducers 88 — PAID UP 668877 02/17/2005 02:23P B1663 P777 M ALSDORF 1 of 3 R 16.00 D 0.00 GARFIELD COUNTY CO PAID-UP OIL AND GAS LEASE AGREEMENT, Made and altered into the I9th day of November Alvin W. Woody, a married man dealing in his sole and separate property . 200 4 , by and hawse 0545 County Road 352, Rifle, CO 81850 Antero Resources II Corporation whose addres h hereimler called Lessor (whotla one or more) and whose address a 1625 Ila' Street, Suite 300, Denver, CO 80202 hatre0er cased Lawn WITNESSETH, That the Lessor. the and in wmideration of TIN AND MORE DOLLARS (S 10.00+) cash in hand paid, the meat of wadi is hereby acknowledged, and the cavemen and agreements hereinasry contained, has granted, demised, leased and Int, and by these presorts does great, demise, lease and let exclusively unto the said Lessee, the land hereimfler described, with the exclusive right kr the purpose ofdrill*, mining, exploring by geophysical and other methods, and operating for and producing therefrom oil and all gm of wMtsoever nature or kind,.s;ecifically including coalbed methane and arty and all substancei ■sueiaton therewith from coalbn, oor* formatiowith rights of way and easements for sada, hying g pipe Ines, and erection of structures thereon v . products, all that certain nm aof lard situated in the County of Gf +eWf State of QQ, described es Mows, to-wid Qom save reel take care of said See Exhibit "A" attached hereto and made a pert hereof together with any reversionary rights therein, and togethet with all strips or wan of land, (not, however, to he construed to include parceb comprising e regular 40-ecre legal subdivision or lot of approximately corresponding sire) adjoining or contiguous to the above described lad and owned or claimed 4 (.83 acres, more or law by Lessor, and containing 1. It is agreed that this tease shall rennin m force fora tam of three (3) years as long thereafter as oil or gas of whatsoever nature or kind is said leased prmhian or of acreage pooled therewith, or drilling operations are 000timuod m heremeda 4 expiration of the produced hien Bas is not toning p_•iere the ion a premix cr r ac..._ provided. I at the ex primary ram of lease, oil or continue in Ib1Q wu iprose i ted on 'idr but Lessee u that engaged ie a pool or re-workew-ftt 8 d ops ons thereon,1, than not erect o be longoperation are being (90) days h dine teed ere the (eased premises a on mange o led ll end t ; and en! ion shall s or the sed to be continuously prosecuted (f not mune than ninety days shall elapse between the amp(epm or abandonment of one well and the begimimg of operations 6« the drilling of a snbsequat well. If Mkt discovery of oil or gas on said lard or on mange pooled terewith, the peducrion thereof should mese Borer lease shall not terminate if Lessem commences additoosl drilling oe re -working operations within a. (90)ami cause Mhothen or from rano, this o anpWien of dry hole. If oil or pa shall be discovered and produced as a result of such�a expiration a m caseation t of production hi kao . from dere of II comma in form so long as oil or gm is produced from rho leased premien ore soled ther at « after the aapiratiyn of the primary tats of this kers the Ince shall Ls the event a well a welts is drilled and aa, ate pooled tank pool -operations" shall mean, in addition to dose nutters covered preceding paragraph. at on the lopds pooled therewith. welch, for the prpos or other substances t coalbed gas the ad, a to dispose of such water ce otheroperations do not r () ds pro of tion of by r rrarbonmove ossa yi gther n i ties or Boon ett ng -in or subaid well eta though tarda a ornro not rising in ds m paying « f2) netting -in otherwise discontinuing production from said wells to allow for surface « menton °f hydrocarbons � sting -ie « underground o oo a affecting the drilLome or wellborn obligated, 2. This is a PAID -IIP LEASE. In consideration of the down cash pymehn. Lessor ogres that Lessee sMlt not to obliguoee, excepr m otherwise pmvided herein, to commeof land or connate anyo m war g dun yydel��y Lesae tray as any time « times during or after the primay term surrender this lease m to all or any portion acreage wrtmdend. by filing record •release or releases, and M relieved of all obligation thereatler accruing m o the 3. In consideration of the premises the said Leasee covenants and epees: 1 st To deliver to the credit of Layer, fee of cost, in the pipe line to which Leasee may connect wells on yid (and, the equal eettantean Owcent 117.0096) part of all oil produced and saved Born the leased premises. 2nd To pay Lessor on gm and esiniload ps prndteed from said land (I) when sold by Lessee. sewn s th oep(wt (17.00%) of the net Proceeds derived from such sale or (2) when used by Lessee off said land or Inds manufacture of gasoline or other product. the market valise, at the mouth of the well, of Seventeen weed 117.00%) of ends pa and contained gas. Lessor's ignores, in either case, to bear seventeen Ow t (17.00%) Odle wet of compressing, delndtatins and otherwise cost of gatrermg gasantreating in Bm g casingheadothe mouth o fends it marketableport * tumble and mention meant 117.00°!6) of the 3rd To yLmor foe 1)�d Bs from the mouth of the well o the port ad'sla «uta pprya gas produced ikon any oil well and used off the premises or in the manufacture of arline a Severt� Bement (17.0046) of the proceeds, at the mouth of the well, payable monthly at the prevailing market nn,. ansa other proctor, a myahy of 4. Whore gas from a well apbk of producing gm is not sold or used, Lessee army pay «tender u retained hereunder. such payment or tech o be made on or before the anniversary date of this lease next @« the o the 1O expiration moon 90 da Dales per date the date such well is shut in and thereafter on or beim the anniversary Der net acre being produced within tie meaning of this lease.dem of this lease during the period such well is shot 'are if payment or tender a omfi LLrys �llfrbme considered that tis o S. If said Lessor owns a les interest in the above described land than the entire and undivided fee simple wase therein, then the gas royalty) herein provided for shall be paid the lessor only m the pupation which Lessor's or's (mabears to the whole and undivided fee. royalties (irdad* any shut-in 6. Lessee shat have the right to toe, Inc of cost. gas, oil and water produced on said land for Leoes's operation thenma. 7. When requested by Lessor, Lessee shall bury Lessee's pipeline below plow depth. 8. No well 313811 be drilled masa then 200 feat to the house or bent now as said penises without wrimm consent of Lessor. 9. Leans stall pry for dmhages caused by Lessee's operations to growing crop on said had. 10. Lennie shall Mare the right es my time to remove all machinery and future placed on said preriea. including the right to draw and remove casing. II. The right' of Lessor and Lessee hereunder may be assigned in whole or part No m be binding on Laren until Lessee has been famished with notice,es change ownership en Lessor's innate (by assignment4«ai ecise) ryes establish a complete chain of record title front Lessor, and the only *poet eroall recorded de. iNo other 11 « of notjea he other actual orinformation31 necessary ll be biding on Lessee No present or More division of Lass's differ* porion, of parcels made. ser elan kind of prat, whaler aconin or rwm s oe diminish shell the rights of Lessee, and all Lessee's opaatiom be condductedow ithout esu t portion io .11,1 of said lard shag operate to adage the liable for any act or omission of any other leasehold owner. without regard o any such division It all or ansa pre of for leas v assigned, m leasehold owner shell( be 12. Lessee, at is option, is hereby give die right and power at soy time and from tins to time s a right, any part of to land described herein and as o any one or roam of the formations hereunder, 0 recurring shat eitherofbefore or seer production, this o all a with cher lard, lease or leaves (nth immediate vicinity for the product* of o2 ed or pool or unitize procluctina e the leasehold pate and the Inmost esaue coved by (easy include foor rmatioble to ns not do so, and d oIrrespective of whether authority similreformed to ar to this ons- � � o sparately uds other leases.either, ikewise, twits 1�`�s� y formednecessary toseaming and sling of record a declannom of ouch unitization dc puduciog formations The foxing w refocusing of any stein shall be accomplished which by Lamm theretofore been or u whits ree thereiorh, which decimation shell describe dr unit. Any reit may include (rand upon which a well has wtapiand Dom operations for drilling have theretofore been cosmrrenced. Ikodta(on, &uImg «rework' a market anywhere on a unit which includes all ora part of this tare shell be treated m if it were m8 operations o a a well shut in r s 03 0 a market under this lease. In lieu oldie royalties elsewhere herein taode'rioc, onllall re roweon on, aim im « a well shat o l wort ti a specified, including shunt p ops toys/ries,oLesw shell production ion that ont(teycoduc� tfs unit so pooled sera phs Doty ons the portion of such production allocated b this teaser suds allocation shat be that proportion of the unit this leave and included in the unit bears to rte total number of sadism acres m such unit. In addition o the o*. I roe that foal a right to unitive Pores or comb nby e Al or any part of the above described lands m o on, or more of the formations thereunder with otter !onagerme Lease rhea have to a right m union Pool, r combine of development a operation approved by any govarenentai authority and, Bon time o time, with lite s a rpaove, dm m el area bor terminus into a i cb plane t amt plan and, in such mat, the terms, conditions and pnvisona of this lase shell be deemed modified o coolant' o 4 �. singe «nan°ind any. sons of s c agiaaent uoopynsive or unit plan of development or operation and, particularly, all drilling and development sennas, ad(fiema, and provisions s of such approved wmplianoe with the drilling and development1°ease s requirements , temcm i a this taus, ex Bed by requirements of such plan « agrmihe, and this lease shall not *minas « Rea a implied, shell be eau to the event char said above described lady oe any pact thereof shall hefeafte be opawed under expire o fdev the rte of such em plea oragreement.whereby bythe production therefrom is allocated o dilferast portions of the lard covered any such or t plus natract of l or « computing the royalties o be paid hawder a Lessor, be regarded ser having beat produced from the 10° ( al mated to 1.4 to which particular tram of lead and lm t other tot of lend; and the royalty' payment; o be operation ser totessor ed by Lame be approved upon by ons �p�� allocated. ofland 4*11 fo nutty owesllocated L eros cadent o any waperative or unit plan of development « I3. When operations or producuon an delayed or interrupted by lack of water, labor or materia yn h,at executing the same upon request i tau Lessee. differences with workam, a failure of carriers to fmrnish transport or furnish facilities for or � fire, storm, �, war rebellion, prod cud, o as strike, of any muse whatsoever beyond the oonttd of Lessee, the cisme of such del. or (sterna transportation « coucknted of Iapte in die field for the mineral. remained, a m s rr duringg such delay or intenvption and ninety (90) days thaaafter. y Prom shall not be ing. against Larne and this coax shell remain in fame anything in this lease o the contrary notwithstanding. 14. Lessor hereby warrams and agrees to defend the tick to the lands herein described. and agrem that de Lessee shall have the right at my time ro redeem fir Lessor, by payment, any mmtgapea, lata or other lean on the above described lands, is the event of default of payment by Lessor and be subrogated to the rights of the holder thereof and the undersigned Lessors. For themselves and their heirs, seam: and assigner, hereby surrender and release all nght of dower and homestead in the premises described herein imo6r u said right of dower and homeaead may in any way affect the purposes for which this lase is made, as recited herein 15. Should any one w mon of the pieties heteimbove named u Lessor fad to execute the los, it shall nevertheless be binding upon ad sods parties who do execute it as Lessor. The word "Lessor," as used in this leas shell as any one or more or all of the parties who =ease this lease as Lessor. All the provisions Mins lease shall be binding on the heirs, sucoeaors and assigns of Lessor and Levee. 16. I.eamr agrees that Leanne may locate a well or wells on any treeless site looted nay pan of ILa land described herein, Deluding the right to a submerges* enemas through any put of the hod dmvtbed herein, which wells ws71 be used to access the subwrLoe of adieus mineral owoera 17. Notwithstanding anything to the contrary contained herein, Lane has the option to extend the primary team an additional one (1) }roar with the puymett of an animus anal to 1200 per met can, such amount being paid to Lamar an or brine the expiation of the primary urn set forth above ie pasapap4 I. Such payment shall M considered remised by Lessee and received by Lenoir when deposited. peerage -paid, in the United States mail, or with a nationally rmognvotl carrier service. IN WITNESS WHEREOF, the isuemrnent is executed u of the date fent above written. l7/ ��•'� Alvin W. Woody STATE of Colorado COUNTY of ACKNO W L EDG EMENf -IN Df V 1 DUAL BEFORE ME, the un.'-�p�, c NO , !abbe, in and for said Carty sad Stun, on this I Ct day of / S/ O « . 200 4 personally appeased Alvin W. Woody , to os knows es be the idamcal person V , described 10 and who executed the within and foregoing undIumes Meriting and acknowledged to me the he _ duly awned tune u frit flee and voluntary est and dad for the user and purposes therein. ser Forth and in the capacity slated therein IN WITNESS WHEREOF,1 have hereunto set my hand and affixed my notarial seal the dry and year las above written. My Commission Espies: STATE of COUNTY of LISA LINDEN M ' ^L;iss on Expires 08/02/2006 Notary Public-. Address: ACKNOWLEDGEMEN - NDIVIDUAL BEFORE ME, the undersigned, a Notary Public, he and the said Cowry and State, on this day of . 200 poly appeared the identical prion _ , dmasbed in and who executed the within and . to me known to be foregoing mmtm>mt of vatting and eckrmowlerhged to me that M duly executed same as free and voluntary ad and deed for the uaa and purposes therein sin forth and in the capacity stared thanes IN WITNESS WHEREOF, 1 hove haeuno set my land sod affixed my Domed and the day and year lass above written My Commission Expires After rowndiae return lo: iceboats Lend Consultants, Inc. 770 Rock Creek Rd 1117 Norman, OK 73069 Nosily Public Adoheen 1111111 11111 1111111 1111 1111 111111 111111111 1111111 668877 02/17/2003 02:23P B1663 P778 M RLSDORF 2 of 3 R 16.00 0 0.00 GARFIELD COUNTY CO 111111111111 1111111 1111 1111 111111 111111111 11111 11111111 668877 02/17/2003 02:23P 81663 P779 h ALSOORF 3 of 3 R 16.00 D 0.00 GARFIELD COUNTY CO EXHIBIT "A" ATTACHED TO AND MADE A PART OF TNAT CERTAIN OIL AND GAS LEASE DATED NOVEMBER 19, 2004, BY AND BETWEEN ALVIN W. WOODY, A MARRIED MAN DEALING IN 1 -IIS SOLE AND SEPARATE PROPERTY, LESSOR, AND ANTERO RESOURCES II CORPORATION, LESSEE: DESCRIPTION OF LANDS: Township 6 South, Range 92 West, 66 P. M. All that part of the Sl/2SW 1/4 and SWI/4SEI/4 Section 5, also all that part of Lots 2 and 3, Section 8, all in Tp. 6 S., R. 92 W., of the 6" P.M., Tying northerly of the present U. S. Highway No. 6 and 24, and southerly of the Ditch in use, known as the Cactus Valley Ditch, described as follows: Beginning at a point on the Easterly line of said SWI /4SE 1 /4 of Section 5; whence the South East corner of said Section 5 bears S. 83'57'E. 1348.03 ft.; thence S. 282.7 ft. along the easterly line of said SW 1/4SE 1/4 and the easterly line of said Lot 2 Section 8 to a point on the Northerly line of said Highway; thence N. 83'17' W. 615.9 R. along the Northerly boundary of said Highway; thence N. 88'00' W. 849.2 R. along the Northerly boundary of said Highway; thence N. 8T59' W. 1436.8 ft. along the northerly boundary of said Highway; thence N.33'48' W. 538.4 ft.; thence N. 57'40' E. 116.0 ft.; thence N. 46'39' W. 132.46 ft.; thence N. 80'49' E. 20.0 ft.; thence S. 89'54' E. 11.48 R. to a point in the center of said cactus Valley Ditch; thence N. 85'31' E. 524.82 ft. along the center line of said ditch; thence N. 81'22' E. 183.64 ft. along the center line of said ditch; thence S. 77'34' E. 378.49 ft. along the center line of said ditch; thence S. 57'56' E. 157.74 ft. along the center line of said ditch; thence 74'48' E. 376.49 ft. along the center line of said ditch; thence S. 82'45' E. 397.35 ft. along the center line of said ditch; thence S.59'47' E, 302.54 ft. to a point in the center of said ditch; thence S. 67'48' E. 847.42 ft. along the center line of said ditch; thence N. 71'27' E. 218.0 ft. along the center line of said ditch; to a point on the easterly line of said SW1/4SE1/4, the point of beginning. Containing 41.85 acres, more or less. Lessor herein intend to lease any right, title and interest Lessor may have in and to any and all mineral rights on, in and under any and all streets, county roads, highways, railroad strips and/or any and all other easements and rights of way whatsoever, canals, ditches and other waterways lying across and/or adjacent and/or in any way appertaining to the lands hereinabove described, including without limitation any lands acquired by accretion through meander of waterways. ®III M 11646',IiR040 11101 1111N i'NERON 1I it 1 Reception#: 718230 03/02/2007 03 36 11 PM B 1899 P:0145 Jean A1berico 1 of 3 Rec Fee ;16 00 Doc Fee:120.00 GARFIELD COUNTY CO WARRANTY DEED CHARLES HOWARD ROBINSON and CLARICE JANE ROBINSON, P.O. Box 1185, Rifle, Colorado 81650 ("Grantors"), for One Million Two Hundred Thousand Dollars ($1,200,000) and other good and valuable consideration, in hand paid, does hereby sell and convey to DONALD R. ZIEGLER, whose address is P.0. Box 2810 .Glenwood Springs CO 81602 ,/l feIrib'1¢f ONIA '("Grantee"), the following described real property situate in the County of Garfield, State of Colorado, to - wit: All that part of the S''SW'/4 and SW'/4SE'/4 Section 5, also all that part of Lots 2 and 3, Section 8, all in Tp. 6 S., R. 92 W., of the 6th P.M., lying northerly of the present U.S. Highway No. 6 and 24, and southerly of the Ditch in use, known as the Cactus Valley Ditch, described as follows: Beginning at a point on the Easterly line of said SW'/4SE'/4 of Section 5; whence the South East corner of said Section 5 bears S. 83'57' E. 1348.03 ft.; thence S. 282.7 ft. along the Easterly line of said SW'/.SE'/4 and the Easterly line of said Lot 2 Section 8 to a point on the Northerly line of said Highway; thence N. 83'17' W. 615.9 ft. along the Northerly boundary of said Highway; thence N. 88'00' W. 849.2 ft. along the Northerly boundary of said Highway; thence N. 87'59' W. 1436.8 ft. along the Northerly boundary of said Highway; thence N. 33'48' W. 538.4 ft.; thence N. 57'40' E. 116.0 ft.; thence N. 46'39' W. 132.46 ft.; thence N. 17'20' W. 183.85 ft.; thence N. 80'49' E. 20.0 ft.; thence S. 89'54' E. 11.48 ft. to a point in the center of said Cactus Valley Ditch; thence N. 85'31' E. 524.82 ft. along the center line of said ditch; thence N. 81°22' E. 183.64 ft. along the center line of said ditch; thence S. 77'34' E. 378.49 ft. along the center line of said ditch; thence S. 57'56' E. 157.74 ft. along the center line of said ditch; thence S. 74'48' E. 376.49 ft. along the center line of said ditch; thence S. 82'45' E. 397.35 ft. along the center line of said ditch; thence S. 59'47' E. 302.54 ft. to a point in the center of said ditch; thence S. 67'48' E. 847.42 ft. along the center line of said ditch; thence N. 71'27' E. 218.0 ft. along the center line of said ditch; to a point on the easterly line of said SW'/SE%, the point of beginning. Containing 41.85 acres, more or less. Common address: 31145 U.S. Highway 6, Rifle, Colorado 81650. RESERVING, HOWEVER, unto Grantors an undivided one-fourth (1/4th) interest in and to all of the oil, gas and other minerals in and C‘1)ocwncnL..,4 Sening..'/MM Desk'dXeWopt(1.IENMobm.ontnoc,2-27417 Warranty Dmd .pd 1 Return to: Don Ziegler P.Q. Box 2810 Glenwood Springs CO 81602 1) 1111IreahIIIIIINWN1.L 1CiG#0111111 Reception!*: 718230 33/02/2007 03:36.11 PM B.1899 P.0146 Jean Rlberico 2 of 3 Ree Fee:$16 00 Doc Fee.120.00 GARFIELD COUNTY CO under the Property described above; and FURTHER RESERVING unto Grantors, the right to exclusive possession of the Property above described, through and including May 31, 2007. Unless sooner surrendered, all such possessory rights of Grantors shall be deemed terminated as of May 31, 2007 at 12:00 midnight. TO IIAVE AND TO HOLD THE SAME, together with all appurtenances and privileges thereto belonging or in anywise thereto appertaining; and Grantors warrant title to the same, except and subject to: the Possessory rights of third parties in and to those parts of the property, if any, lying outside the established fencelines; easement and right- of-way for the Cactus Valley Ditch and Mallory Gulch; prior reservation of undivided one- half ('/2) interest in all oil, gas and other minerals as contained in Deed recorded March 12, 1963, in Book 347 at Page 478, and any assignments thereof; terms and conditions of utility easement to Public Service of Colorado, recorded February 22, 1993 in Book 855 at Page 206; terms and conditions of Property Line Agreement recorded September 12, 2002 in Book 1385 at Page 651; and general property taxes for calendar year 2007, not yet due and payable. (All references to Book and Page pertain to the records of the Garfield County Clerk and Recorder). Dated this \ day of M p,R G t{ , 2007. GRANTORS: cc>�;%1 C Documenu and :mingrFonni Dusk \DefUop'CLlENTRatnnsonDoo\2- ian 2 Wv*ynry Dae6.wpd 2 Charles Howard Robinson CLARICE JANE ROBINSON By: /1/4---1,-(e '7/ Charles Howard Robinson Attorney -in -Fact Illi ! � �Vitiid ' lei i i. �I�� ,Glia 1 i 11 II1 Reception#: 718230 03/02/2007 03 36:11 PM 8:1899 P 0147 Jean Alberico 3 of 3 Rec Fee $16 00 Doo Fae 120.00 GARFIELD COUNTY CO STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this 1 day of pk�2.ia , 2007, by Charles Howard Robinson, individually, and by Charles Howard Robinson, as attorney-in-fact for Clarice Jane Robinson. Witness my hand and official seal. My commission expires: �o.:• L. HUBBELL .L ,. CRY PUBLIC 1 ' I COLORADO Commission Expires 04/08'08 C.Vyornlnen4 end S ..g5k1':oni D.YkV kioplCLfENTAa6tnwn1Doc,1.2)-07 Vhartenty Deed.wpd 3 Not y kublic 1 J Adjoining 2179 O - z 2179-053 EXHIBIT A 3 County Road 227 Adjoining 2127 1 4 472 County Road 233 281 Parcel B 639 County Road 216 640 001 41 r U 57 42 Parcel A 018 43I SEE MAP 2179-053 56 5Lk APPROVED OXMIIT IMAMS 58 59 042 2 3 14 0280 2-HC(R-F) T 2-HC(S-0 17 C4� 2179-05 T.6S. - R.92W. Road 229 CoLoJP\ Din,<WE EN(iINEERINCi INCORPORATED P.O. Box 1 301 Rifle, CO 81650 Tel 970-625-4933 Fax 970-625-4546 Mr. Tim Thulson, Esq. Balcomb & Green, P.C. PO Drawer 790 Glenwood Springs, CO 81602 May 30, 2007 RE: Job#712- Ziegler Exemption — Soils Dear Tim: Colorado River Engineering, Inc. has collected Soil Survey data for the Ziegler Subdivision Exemption located along Highway 6 & 24 between Rifle and Silt. Attached is the NRCS soil map and summary printout for the area of interest. The subject property consists primarily of Soil Number 3 (Arvada loam) in the pastures located along the highway. Soil Number 34 (Ildefonso stony loam) is located along the northern hillside and terrace with the existing home. These soils are similar to those observed on other projects in this area of the county. These soils typically will not limit development but have clay contents that can affect the design of foundations and waste water treatment. We recommended that future development require foundation and ISDS design by a registered professional engineer. If you have any questions, please do not hesitate to call (970)-625-4933. Sincerely, Christopher Manera, P.E. CM:cm So i lsTh u l son 5 -30-07. doc EXHIBIT A-4 J SOIL SURVEY OF RIFLE AREA, COLORADO, PARTS OF GARFIELD AND MESA COUNTIES Ziegler Exemption 0 0 0 o 0 268200 268300 268800 268900 269000 269100 269200 0 CO O 2682^ 268300 0 0 co 0 0 O 0 O O m 269200 0 45 90 USDA Natnrat Resources @".. Cun ervation Service Meters 180 Web Soil Survey 1.1 National Cooperative Soil Survey Feet 0 100 200 400 600 800 5/29/2007 Page I of 3 SOIL SURVEY OF RIFLE AREA, COLORADO, PARTS OF GARFIELD AND MESA COUNTIES Ziegler Exemption MAP LEGEND Soil Map Units O Cities Detailed Counties Detailed States Interstate Highways Roads —*—*— Rails Water Hydrography Oceans 0000 Escarpment, bedrock L,Avnvw Escarpment, non -bedrock Gulley Illlnnnnln Levee Slope v Blowout © Borrow Pit Sri Clay Spot • Depression, closed - Eroded Spot X Gravel Pit Gravelly Spot Gulley l Lava Flow ® Landfill +b Marsh or Swamp C) Miscellaneous Water v Rock Outcrop + Saline Spot Sandy Spot 3) Slide or Slip O Sinkhole • Sodic Spot S Spoil Area O Stony Spot t 1SDA Natural Resorrces Conservation Service C) Perennial Water t Wet Spot MAP INFORMATION Source of Map: Natural Resources Conservation Service Web Soil Survey URL: http://websoilsurvey.nrcs.usda.gov Coordinate System: UTM Zone 13 Soil Survey Area: Rifle Area, Colorado, Parts of Garfield and Mesa Counties Spatial Version of Data: 1 Soil Map Compilation Scale: 1:24000 Map comprised of aerial images photographed on these dates: 1993 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Web Soil Survey 1.1 5/20/2007 National Cooperative Soil Survey Page 2 of 3 Soil Survey of Rifle Area, Colorado, Parts of Garfield and Mesa Counties Ziegler Exemption Map Unit Legend Summary RiIle Area, Colorado, Parts of Garfield and Mesa Counties Map Unit Symbol Map Unit Name Acres in A01 Percent of AOL 3 Arvada loam, 1 to 6 percent 27.6 71.4 slopes 34 Ildefonso stony loam, 25 to 45 11.1 28.6 percent slopes l SDA Natural Resources Web Soil Survey 1.1 5/29/2007 Page 3 of 3 Alai Conservation Service National Cooperative Soil Survey 10 SOIL SUAVE) Included with this soil in mapping are small areas of Detra soils and Rock outcrop. These areas make up about 5 to 10 percent of the map unit. Permeability is moderately slow, and available water capacity is high. The effective rooting depth is 60 inches or more. Surface runoff is medium, and the erosion hazard is moderate. This soil is used mainly for wildlife habitat and limited grazing. The native vegetation on this soil is mainly Gambel oak, serviceberry, elk sedge, and bromes. When range condition deteriorates, forbs and woody shrubs increase. When the range is in poor condition, Kentucky bluegrass, undesirable weeds, and annual plants are abundant. Properly managing grazing main- tains and improves range condition. Mule deer, elk, cottontail rabbit, wild turkey, and blue grouse find habitat on this soil. Community development and sanitary facilities are lim- ited by steep slopes and low strength. This soil is in capability subclass Vile, nonirrigated. 2—Arle-Ansari-Rock outcrop complex, 12 to 65 percent slopes. This complex consists of strongly slop- ing to steep soils and Rock outcrop on mountainsides and sloping alluvial fans. Elevation ranges from 5,500 to 7,500 feet. The soils formed in alluvium derived from red -bed shale and sandstone. The average annual pre- cipitation is about 16 inches, the average annual air temperature is about 42 degrees F, and the average frost -free period is about 100 days. The Arle soil makes up about 45 percent of the com- plex, the Ansari soil makes up about 35 percent, and Rock outcrop makes up about 20 percent. The Arle soil is moderately deep and well drained. Typically, the surface layer is reddish brown very stony loam about 10 inches thick. The subsoil and substratum are reddish brown very stony loam about 22 inches thick. Soft reddish brown sandstone and shale are at a depth of 32 inches. Permeability of the Arle soil is moderate, and available water capacity is low. Effective rooting depth is about 20 to 40 inches. Surface runoff is medium, and the erosion hazard is severe. The Ansari soil is shallow and well drained. Typically, the surface layer is reddish brown loam about 10 inches thick. The substratum is reddish brown stony loam. Bed- rock is hard, reddish brown sandstone. Permeability of the Ansari soil is moderate, and availa- ble water capacity is low. Effective rooting depth is about 10 to 20 inches. Surface runoff is rapid, and the erosion hazard is severe. Rock outcrop is mainly red sandstone. This complex is used mainly for grazing and wildlife habitat. The native vegetation on the Arle soil is mainly wheat - grass, Indian ricegrass, mountainmahogany, and sage- brush. The native vegetation on the Ansari soil is mainly Indian ricegrass, wheatgrass, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi. tion. Mule deer, rabbit, and grouse find habitat on thesE soils. Use of this complex for community development or as a source of construction material is limited mainly LI depth to rock, steep slopes, thin layers of borrow materi. al, and Targe stones. Special design can overcome thesE limitations. Drainage and structures to control runoff frorr snowmelt reduce erosion around construction sites anc roads. This complex is in capability subclass Vile, nonirrigat- ed. 3—Arvada loam, 1 to 6 percent slopes. This deep well drained, sloping soil is on fans and high terraces (fig. 4). Elevation ranges from 5,100 to 6,200 feet. This soil formed in highly saline alluvium derived from sand- stone and shale. The average annual precipitation is about 12 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is about 120 days. Typically, the surface layer is strongly alkaline or very strongly alkaline, pale brown loam about 3 inches thick. The subsoil is brown silty clay loam about 14 inches thick. The substratum is Tight brown or brown silty clay loam to a depth of 60 inches. Included with this soil in mapping are small areas of Limon, Kim, Heldt, and Wann soils. Also included are some soils that are high in silt. Permeability is very slow, and available water capacity is moderate. Effective rooting depth is 60 inches or more. Organic matter content of the surface layer is low. Surface runoff is medium, and the erosion hazard is moderate. This soil is used mainly for wildlife habitat, limited grazing, and some irrigated farming. Irrigated crops produce very poorly because the soil takes water in very slowly and is droughty. Leaching is needed to remove excess salts if this soil is to be irrigat- ed. Soil amendments containing sulphur are helpful in leaching the salt. The native vegetation on this soil is mainly saltgrass, alkali sacaton, and greasewood. When range condition deteriorates, forbs and shrubs increase. Properly managing grazing maintains and im- proves range condition. Seeding improves range in poor condition. Western wheatgrass, alkali sacaton, and tail wheatgrass are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Irrigat- ing new seedings is necessary for successful establish- IIFLE AREA, COLORADO 11 nent. Reducing brush improves the range if the grass inderstory is adequate. Cottontail rabbit and pheasant find shelter on this soil they can obtain food in surrounding areas. Use of this soil for sanitary facilities, for community Ievelopment, and as a source of construction material is mited by the high shrink -swell potential, slow permeabil- y, clayey textures, and salinity. This soil is in capability subclass VI Is, irrigated and ionirrigated. 4—Arvada loam, 6 to 20 percent slopes. This deep, veil drained, sloping soil is on fans and high terraces. Elevation ranges from 5,100 to 6,200 feet. This soil ormed in highly saline alluvium derived from sandstone Ind shale. The average annual precipitation is about 12 nches, average annual air temperature is about 48 de - Fees F, and the average frost -free period is about 120 lays. Typically, the surface layer is moderately alkaline, pale wown loam about 3 inches thick. The subsoil is brown ;ilty clay loam about 14 inches thick. The substratum is fight brown or brown silty clay loam to a depth of 60 riches. Included with this soil in mapping are small areas of _imon, Kim, and Heldt soils. Permeability is very slow, and available water capacity s high. Effective rooting depth is 60 inches or more. )rganic matter content of the surface layer is low. Sur - ace runoff is moderately rapid, and the erosion hazard is severe. This soil is used mainly for wildlife habitat and limited razing. The native vegetation on this soil is mainly sagebrush, Ireasewood, and wheatgrass. When range condition deteriorates, grasses decrease find weedy forts, cheatgrass, big sagebrush, and Ireasewood increase. Properly managing grazing main- ains and improves range condition. Seeding improves ange in poor condition. Western wheatgrass and tall vheatgrass are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Irrigat- ng new seedings is necessary for successful establish- nent. Brush should not be reduced because grass pro- iuction is low and some desirable native shrubs could )e destroyed. Cottontail and pheasants find shelter on this soil if hey can obtain food in surrounding areas. Use of this soil for sanitary facilities and as a source of :onstruction material is limited by the large amounts of ;lay and salts. This soil is corrosive to steel and con - ;rete. Community development is limited by high shrink - swell potential, salinity, and steep slopes. This soil is in capability subclass VI Is, nonirrigated. 5—Ascalon fine sandy loam, 1 to 6 percent slopes. his deep, well drained, nearly level to gently sloping soil is on mesas, alluvial fans, and terraces. Elevation ranges from 5,000 to 6,500 feet. The soil formed in alluvium derived from sandstone and shale. The average annual precipitation is about 14 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is about 120 days. Typically, the surface layer is brown fine sandy loam about 5 inches thick. The subsoil is brown and yellowish brown sandy clay loam about 30 inches thick. The sub- stratum is very pale brown sandy clay loam to a depth of 60 inches. Included with this soil in mapping are small areas of Olney and Potts soils that have slopes of 1 to 6 percent. Permeability is moderate, and available water capacity is moderate. Effective rooting depth is 60 inches. Sur- face runoff is slow, and the erosion hazard is moderate. This soil is used mainly for irrigated crops, hay, and pasture. Some areas are used for grazing and wildlife habitat. This soil is irrigated mainly by corrugations. Sprinklers are also suitable. This soil erodes easily. Such practices as minimum tillage, grassed waterways, and tail water control reduce the danger of excessive erosion. Drop structures in irrigation ditches control water and prevent excessive ditch erosion. The native vegetation on this soil is mainly need- Ieandthread, wheatgrasses, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion. Reducing brush also improves the range. Seeding improves range in poor condition. Pubescent wheat - grass, western wheatgrass, and big bluegrass are suit- able for seeding. Preparing a seedbed and drilling the seed are good practices. This soil has potential as habitat for pheasant, cotton- tail rabbit, mourning dove, and squirrel. These animals mostly obtain food and shelter in areas of crops and hay. This soil has few limitations for community develop- ment. Low strength and frost action affect structures and roads. Community sewage systems will be needed if the population density increases. This soil is in capability subclasses Isle, irrigated, and IVe, nonirrigated. 6—Ascalon fine sandy loam, 6 to 12 percent slopes. This deep, well drained, moderately sloping to rolling soil is on mesas, terraces, sides of valleys, and alluvial fans. Elevation ranges from 5,000 to 6,500 feet. The soil formed in alluvium derived from sandstone and shale. The average annual precipitation is about 14 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is about 120 days. Typically, the surface layer is brown fine sandy loam about 5 inches thick. The subsoil is brown and yellowish =LE AREA, COLORADO lges from 5,000 to 6,500 feet. This soil formed in xed alluvium derived primarily from basalt. This soil s a thin intermittent cap of reddish eolian material. The erage annual precipitation is about 14 inches, the erage annual air temperature is 46 degrees F, and the erage frost -free period is about 125 days. Typically, the surface layer is brown stony loam about inches thick. The underlying material is white, very •ongly calcareous very stony loam to a depth of 60 ;hes. Included with this soil in mapping are small areas of )tts and Ascalon soils on less sloping positions. These Bas make up 5 to 15 percent of the map unit. Permeability is moderately rapid, and available water pacity is low. Effective rooting depth is more than 60 ;hes. Surface runoff is medium, and the erosion hazard moderate. This soil is used mainly for grazing and wildlife habitat. The native vegetation on this soil is mainly pinyon and ah juniper. The understory consists mostly of Indian :egrass, wheatgrass, junegrass, serviceberry, bitter- ush, and big sagebrush. When the understory vegetation deteriorates, grasses host disappear and forbs and shrubs increase. Proper - managing the vegetation maintains wood production id grazing. Selectively thinning the pinyon and juniper proves understory grazing and provides firewood, fists, and Christmas trees. This soil is suited to production of pinyon and Utah riper. It can produce 9 cords of wood per acre when ;es more than 4.5 feet tall reach an average diameter t one foot) of 5 inches. The low available water capac- affects survival of tree seedlings. Mule deer, chukar, wild turkey, gray squirrel, and cot- ntail rabbit find habitat on this soil. Community development is limited by large stones and eep slopes. Structures to divert runoff are needed for ads. This soil is in capability subclass Vls, nonirrigated. 34—Ildefonso stony loam, 25 to 45 percent slopes. lis deep, well drained, hilly to steep soil is on mesa eaks, sides of valleys, and alluvial fans. A small portion this unit is on very steep to extremely steep mesa ;carpments. Elevation ranges from 5,000 to 6,500 feet. firs soil formed in mixed alluvium derived primarily from Isalt. This soil has a thin intermittent cap of reddish )lian material. The average annual precipitation is about inches, the average annual air temperature is about i degrees F, and the average frost -free period is about ?5 days. Typically, the surface layer is brown stony loam about inches thick. The underlying material is white, very rongly calcareous very stony loam to a depth of 60 ches. Included with this soil in mapping are small areas of )tts and Ascalon soils on less steep and depressional 23 positions. These areas make up about 5 to 15 percent of the map unit. Permeability is moderately rapid, and available water capacity is low. Effective rooting depth is more than 60 inches. Surface runoff is medium, and the erosion hazard is severe. Ildefonso soil is used mainly for grazing and wildlife habitat. The native vegetation on this soil is mainly pinyon and Utah juniper. The understory consists of Indian ricegrass, wheatgrass, junegrass, serviceberry, bitterbrush, and big sagebrush. When the understory vegetation deteriorates, grasses almost disappear and forbs and shrubs increase. Proper- ly managing the vegetation maintains wood production and ground cover. The value for grazing is low because of steep slopes and tree cover. Firewood, posts, and Christmas trees can be harvested on the more gently sloping areas. This soil is suited to production of pinyon and Utah juniper. It can produce 9 cords of wood per acre when trees more than 4.5 feet tall reach an average diameter (at one foot) of 5 inches. The low available water capac- ity affects survival of tree seedlings. Steep slopes and severe erosion hazard affect harvesting. Mule deer, chukar, wild turkey, gray squirrel, and cot- tontail rabbit find habitat on this soil. Community development is limited by Targe stones and_ steep slopes. Structures to divert runoff are needed for roads. This soil is in capability subclass Vile, nonirrigated. 35—Ildefonso-Lazear complex, 6 to 65 percent slopes. Moderately sloping to very steep soils are on hillsides and mesa breaks. Elevation ranges from 5,000 to 6,500 feet. The Ildefonso soil formed in very calcare- ous, mixed, stony alluvium derived mainly from basalt, and the Lazear soil formed in shale and sandstone re- siduum. The average annual precipitation is about 14 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is about 125 days. The Ildefonso soil makes up about 50 percent of the unit, the Lazear soil makes up about 30 percent, and soils of minor extent make up 20 percent. The Ildefonso soil is deep and well drained. Typically, the surface layer is brown stony loam about 8 inches thick. The underlying material is white, very strongly cal- careous very stony loam to a depth of 60 inches. Permeability of the Ildefonso soil is moderately rapid, and available water capacity is low. Effective rooting depth is more than 60 inches. Surface runoff is medium, and the erosion hazard is moderate. The Lazear soil is shallow over shale bedrock and is well drained. Typically, the surface layer is grayish brown gravelly loam about 4 inches thick. The underlying mate- RIFLE AREA, COLORADO 103 TABLE 7. --BUILDING SITE DEVELOPMENT [Some terms that describe restrictive soil features are defined in the Glossary. See text for definitions of "slight," "moderate," and "severe." Absence of an entry indicates that the soil was not rated] Soil name and : Shallow map symbol excavations Dwellings without basements Dwellings with basements 1 ,Severe: ;Severe: ;Severe: Almy Variant ; slope. ; slope. ; slope. , p '1 1 1 I 2*: 1 1 i Arle ;Severe: ;Severe: ;Severe: I slope, : slope, I slope, I large stones. I large stones. I large stones. Ansari !Severe: :Severe: ;Severe: I slope, I slope, 1 slope, I depth to rock. I depth to rock. I depth to rock. : 1 , Rock outcrop. : ; ; 3 :Moderate: .Severe: :Severe: Arvada : too clayey. I shrink -swell. I shrink -swell. 1 1 ' '1 1 4 ;Moderate: :Severe: :Severe: Arvada ; slope, : shrink -swell. I shrink -swell. I too clayey. : 1 1 , 5 :Slight ;Moderate: ;Moderate: Ascalon 1 1 low strength. ; low strength. 1 1 , 6 :Moderate: ;Moderate: ;Moderate: Ascalon I slope. I slope, I slope, I : low strength. I low strength. 1 1 1 I ; , Ascalon :Moderate: :Moderate: ;Moderate: I slope. I slope, I slope, 1 I low strength. I low strength. 1 1 I 1 Pena :Severe: ;Severe: :Severe: I slope, slope, I slope, I large stones. large stones. I large stones. 1 , g*: ; Atencio :Severe:_- ,Slight --;Slight I cutbanks cave. 1 Azeltine :Severe: I cutbanks cave, I large stones. : 9*. Badland ; 1 10 ;Moderate: Begay I large stones. : 11 :Moderate: Begay : slope, 1 large stones. , 12*: : Bucklon :Severe: depth to rock, slope. See footnote at end of table. 1 :Moderate: :Moderate: ; large stones. I large stones. 1I I I 1 I , I 'I , I I I ;Slight :Moderate: : I large stones. 1 1 :Moderate: :Moderate: I slope. I slope, 1 I large stones. 11 1, 1 I :Severe: :Severe: Small commercial buildings Local roads and streets ;Severe: ;Severe: 1 slope. : slope, I low strength. ;Severe: ;Severe: I slope, I slope, ; large stones. I large stones. :Severe: ;Severe: 1 slope, I slope, 1 depth to rock. : depth to rock. ;Severe: :Severe: I shrink -swell. 1 shrink -swell, 1 low strength. :Severe: ;Severe: 1 slope, I shrink -swell, 1 shrink -swell. I low strength. :Moderate: :Moderate: 1 low strength. 1 frost action, I low strength. :Moderate: I slope, ; frost action, : low strength. :Moderate: I slope, : frost action, I low strength. ;Severe: I slope, 1 large stones. Slight ;Slight. Moderate: ;Moderate: large stones. ; large stones. ;Slight. ;Moderate: I slope. ;Severe: rock, ; depth to rock, I slope, I low strength. 1 :Severe: I slope. ;Severe: I slope. ;Severe: I slope, I large stones. :Slight ;Severe: : slope. depth to rock, :Severe: 1 , depth to rock, : depth to slope. , slope. : slope. ' � 1 RIFLE AREA, COLORADO 105 TABLE 7. --BUILDING SITE DEVELOPMENT --Continued soil name and map symbol Shallow excavations Dwellings without basements Dwellings with basements Small commercial buildings Local roads and streets 26*: Nook outcrop. 2T*. Halaquepts 28, 29 Heldt 30-- Heldt 31- Heldt ;Moderate: I too clayey. ;Moderate: I too clayey, I slope. ;Severe: I slope, I too clayey. 32 ;Severe: Holderness I slope. Variant 33, 34 !Severe: Ildefonso I slope, I large stones. 35*: Ildefonso ;Severe: slope, ; large stones. Lazear ;Severe: I depth to.rock, I slope. • 36, 37 :Severe: Irigul I slope, depth to rock. 38*: Irigul ;Severe: I slope, depth to rock. Starman ;Severe: I slope, I depth to rock. 39-- ;Severe: Jerry I slope. 4Rim ;Slight 41 ---- '-----------;Moderate: Kim I slope. ;Severe: Lamphier I slope. 2-_ See footnote at end of table. ;Severe: I shrink -swell, ; low strength. ;Severe: • ; shrink -swell, I low strength. ;Severe: I slope, ; shrink -swell, I low strength. ;Severe: ; slope, I shrink -swell, I low strength. ;Severe: I slope, I large stones. ;Severe: ; slope, I large stones. ;Severe: I depth to rock, I slope. ;Severe: slope, depth to rock. ;Severe: I slope, I depth to rock. Severe: slope, depth to rock. ;Severe: I shrink -swell, slope. ;Moderate: I shrink -swell. ;Moderate: I shrink -swell, I slope. ;Severe: I slope. ;Severe: ; shrink -swell, I low strength. ;Severe: I shrink -swell, I low strength. ;Severe: I slope, ; shrink -swell, I low strength. ;Severe: slope, I shrink -swell, I low strength. ;Severe: ; slope, I large stones. ;Severe: I slope, ; large stones. ;Severe: I depth to rock, ; slope. 'Severe: I slope, depth to rock. 1 ;Severe: I slope, I depth to rock. ;Severe: I slope, I depth to rock. ;Severe: I slope, I shrink -swell. 'Moderate: I shrink -swell. ;Moderate: ; shrink -swell, I slope. ;Severe: ; slope. :Severe: ; shrink -swell, I low strength. ;Severe: ; slope, ; shrink -swell, low strength. :Severe: slope, ; shrink -swell, I low strength. ;Severe: I slope, ; shrink -swell, I low strength. ;Severe: I slope, I large stones. :Severe: slope, large stones. ;Severe: I depth to ; slope. ;Severe: ; slope, I depth to 1 ;Severe: I slope, depth to ;Severe: I slope, I depth to rock. ;Severe: ; shrink -swell, I slope. ;Moderate: I shrink -swell, ; slope. ;Severe: slope. ;Severe: I slope. :Severe: I shrink -swell, ; low strength. ;Severe: I shrink -swell, I low strength. ;Severe: ; slope, I shrink -swell, low strength. :Severe: I slope, shrink -swell, I low strength. ;Severe: I slope, I large stones. ;Severe: slope, I large stones. ;Severe: rock, I depth to rock, I slope. ;Severe: ; slope, rock. I depth to rock. ;Severe: I slope, rock. ; depth to rock. Severe: slope, depth to rock. Severe: shrink -swell, slope, low strength. Moderate: shrink -swell, low strength. ;Moderate: I slope, I shrink -swell, I low strength. ;Severe: I slope. 134 TABLE 13. --ENGINEERING INDEX PROPERTIES SOIL SURVEY [The symbol < means less than; > means more than. Absence of an entry indicates that data were not estimated] Soil name and ;Depth; USDA texture map symbol 1 ; II I I Classification ;Frag- Invents 1 Unified I AASHTO ; > 3 inches; 4 Percentage passing sieve number-- :Liquid ; Plas- 1 Almy Variant 2*: Arle Ansari Rock outcrop. 3, 4 Arvada 5, 6 Ascalon 7*. Ascalon Pena 8*: Atencio 1 In 1 1 I : ; 0-8 :Loam CL -ML 13-34;Clay loam CL 134-601Flaggy clay CL ; ; loam, flaggy : I loam. I I I I I 1 0-101Very stony loam ISM, GM, I • 1 1 ML 110-32;Very stony loam,;GM, SM , ; very stony I I• I sandy loam. 1 : 32 ;Weathered ; --- 1 ; bedrock. I ; ; ; 0-101Loam ICL -ML, ; ; ; SM -SC 110-18;Loam, stony loam;CL-ML, ; I ; SM -SC 18 ;Unweathered 1 bedrock. , 1 1 1 ' 1 ; 1 0-3 ;Loam ICL -ML ; 3-17;Clay, silty clay;CL, CH ; : loam. . 117-60;Clay loam, silty1CL I I clay loam. 1 I 1 I I 1 0-5 :Fine sandy loam ISM 5-301Sandy clay loam ISC, CL ;30-60;Sandy loam, ISC, , 1 sandy clay ; SM -SC, , ; loam, fine 1 CL, I I sandy loam. ; CL -ML II I I I I I 0-5 ;Fine sandy loam ISM 1 5-30;Sandy clay loam ISC, CL 130-601Sandy loam, 1SC, 1 1 sandy clay ; SM -SC, , I loam, fine 1 CL, 1 1 sandy loam. 1 CL -ML 1 I 1 I 0-12IStony loam :CL -ML 112-60IVery stony loam,IGM 1 1 very stony 1 ; ; sandy loam. 1 I 1 I 1 ; 0-111Sandy loam ;SM ;11-231Gravelly sandy ;SC ; 1 clay loam, 1 ; ; sandy clay ; 1 ; loam. 1 :23-28 Gravelly sandy ;SM -SC 1 ; clay loam, , ; ' gravelly sandy 1 loam. 128-60 Sand, gravel, : and cobbles. I I See footnote at end of table. ISP, GP, ; SP -SM, ; GP -GM ; ; ;A-4 :A-6 :A-6 ; ;A-4 ; 25-40 IA -2, A-1130-60 I I 1 I l I I I 1 I --- 1 I I 1 :A-4 : 5-15 I 1 I ;A-4 15-35 ; 1A-4 1 0 IA -7 ; 0 1 1 I ;A-7 i 0 I 1 limit 1 ticity 1 10 ; 40 ; 200 ; index Pct1 1 ; ; Pct ; 1 ; ; 1 I 0-5 190-100190-100180-95 150-75 10-20 I 5-10 0-5 185-100185-100175-95 165-85 30-40 1 10-20 25-35 175-90 '75-90 160-80 150-70 ; 20-30 ; 10-15 I , ; 1 I I I 1 I I I I 1 1 1 I I 1 I I I I 1 160-85 55-80 145-70 135-55 1 --- 1 NP I I I I 1 1 I I I ;40-70 40-70 135-55 ;20-35 ; --- 1 NP 1 ; 1 ; 1 1 I I I 1 ; 1 1 ; I I 1 1 I 1 175-100175-90 170-80 145-65 ; 20-30 ; 5-10 I I I 1 1 1 170-30 145-65 1 20-30 I 5-10 ; ; ; 1A-2, A-4 IA -6 IA -4, A-6 0 0 0 A-2, A-41 0 IA -6 1 0 IA -4, A-6 0 ; ; 1 I IA -4 ; 5-20 :A-1, 35-75 1 A-2, 1 1 A-4 ; 1A-2 1A-2, A-6 1 IA -2 ; IA -1 30-60 I I I I I 1 I 1 ;75-95 ;75-90 I 1 I 1 I 1 ; --- 1 --- 1 1 I 1 1 1 190-100190-100185-95 160-75 15-25 1 5-10 ;80-100175-100170-1001'65-95 40-65 120-35 1 ; 1 I 180-100175-10.0;70-100;55-80 40-45 1 20-25 I 1; 1 ; 1 1 ; 1 I 195-100190-100170-95 125-50 15-25 1 NP -5 195-100190-100180-100140-55 20-40 1 10-20 195-100195-10075-95 135-65 20-40 ; 5-15 I I 1 1 I I I , I 1 1 I I , I 1 1 I 1 I I I 1 1 I I 195-100190-100170-95 125-50 15-25 1 NP -5 195-100190-100180-100140-55 20-40 1 10-20 195-100195-100175-95 '35-65 20-40 I 5-15 I I I 75-90 40-75 75-85 35-70 70-75 150-60 1 20-40 1 5-20 30-65 120-50 ; 20-30 1 NP -5 ; ; ; 20-30 : 15-20 1 NP -5 25-45 ; 20-30 1 10-15 1 15-30 ; 15-25 I 1 I 0-10 ; --- I NP I I I 1 1 I 1 I 1 I I ; 0-5 175-100175-100150-65 0-5 165-90 ;50-90 135-65 1 I I I ; 1 5-10 150-80 150-75 140-65 � I 1 I I ; 40-60 35-55 110-35 I I I 1 1 1 5-10 31FLE AREA, COLORADO 137 TABLE 13. --ENGINEERING INDEX PROPERTIES --Continued , Classification 1Frag- ; Percentage passing , , Soil name and ;Depth; USDA texture ;; Iments ; sieve number-- ;Liquid 1 Plas- map symbol 1 i 1 Unified I AASHTO 1> 3 1 ; i i ; limit ; ticity ' i ; ;inches) 4 I 10 I 40 1200 i I I index i In I I ; 29, 30, 31 0-8 Clay loam ICH, CL A-7 I 0 95-100195-100195-100;75-95 145-55 1 25-35 leldt 8-60 Silty clay, ICH, CL A-7 ; 0 195-100195-100;95-100175-95 145-55 125-35 clay, clay loam; i 1 1 i i i i . 1 I1 I I 1 10-11;Clay loam ICL -ML, CL A-4, A-6; 0-5 195-100190-100170-95 150-80 120-35 1 5-15 Iolderness Variant;11-30;Clay ICL, CH A-7, A -6I 0-5 195-100190-100180-95 160-85 1 35-60 115-35 130-60 Clay loam ICL;A-6, A -7I 0-5 195-100185-100165-90 150-75 130-40 1 10-20 1 , 1 1 1 1 1 1 1 I I 1 I 1 I I 1 1 1 I 1 1 I, 34 i 0-8 Stony;loam ISM, GM IA -1, A -2i 5-25 150-75 145-60 130-45 120-35 ; 20-25 ; NP -5 :ldefonso : 8-60 Very stony loam,;SM, GM IA -1, A-2120-70 140-75 135-60 125-50 110-30 120-25 ; NP -5 1 I very gravelly 1 I 1 1 1 , 1 I I 1 , , , , , , 1 1 1 1 1 I 1 1 I I 1 sandy loam. 1 I 1 1 1 1 1 1 , 11 I I 1 1 1 1 1 1 1 1 1 1 1 I 1 1 I 1 1 1 i*: 1 I I I I I I I I ' :ldefonso 1 0-8 Stony loam ISM, GM IA -1, A-21 5-25 150-75 145-60 130-45 120-35 120-25 1 8-60 Very stony loam,;SM, GM IA -1, A-2120-70 140-75 135-60 125-50 110-30 120-25 I 1 very gravelly I 1 ; 1 ; ; ; 1 1 ; sandy loam. 1 I ; ; ; ; i i i ' 1 i i i i i .azear I 0-4 :Gravelly loam ---;ML, GM ;A-2, A-4; 0-5 150-80 150-75 140-65 130-55 1 1 4-161Gravelly loam, IML, GM ;A-2, A-4:10-20 :60-95 155-85 150-80 130-70 1 1 1 1 1 1 1 1 1 I I cobbly loam. 1 , I 1 I 1 I 1 I 1 1 1 16 ,Unweathered 1 --- 1 --_ , ,• ; bedrock. ; ; ; 1 1 ; 1 I I 1 I I I 1 I 1 1 37 ; 0-6 ;channery loam---:GM-GC, IA -4 15-20 170-75 60-75' 145-65 135-55 1 20-30 1 5-10 :rigul ; I CL -ML 1 1 1 ; ; 1 6-171Very channery :GM -GC ;A-2 i 5-20 120-50 20-50 115-30 i 5-15 ; 20-30 ; 5-10 I ; sandy clay 1 ; ; 1 1 ; I ; 1 1loam. 1 , 1 1 1 1 1 1 I 1 , 1 1 , , 1 I 1 17 ;Unweathered ; ; 1 I ___ ; ___ I 1 1 ; bedrock. 1 i I i I i i i i i i i i i 1 i i ; 1 i 1 I 1 1 1 1 1 I I 1 1 1 , I , 1 1 I 1 1 :rigul ; 0-6 ;channery loam---IGM-GC, 1A-4 1 5-20 170-75 160-75 145-65 135-55 ; 20-30 ; 510 1 i CL -ML 1 1 i i i 6-171Very channery IGM-GC, IA -2 ; 5-20 120-50 120-50 115-30 ; 5-15 i 20-30 1 5-10 1 1 sandy clay I GP -GC ; 1 ; 1 ; ; I loam. I 1 1 1 1 1 1 1 1 I 1 1 , 1 1 1 I I 1 1--- 1--- 1--- 1 1 I , 17 ,Unweathered 1 1 1 1 1 1 1 I 1 1 1 bedrock. 1 , , , 11 1 1 1 1 1 I 1 i 1 1 1 1 1 1 1 1 1 1 itarman i 0-3 IChannery loam---IGM, SM, 1A-1, A -2I 0-15 160-80 150-75 140-60 130-50 ; 30-40 5-10 ; 1 GM -GC, , , 1 , , i 1 1 GP -GC i 1 1 i i : 1 3-131Very gravelly IGM loam, channery , iA-1, A-2; 0-15 135-55 130-50 130-45 120-35 : 30-40 ; 5-10 I I 1 1 1 I 1 1 1 1 , , , , , 1 1 1 1 1 1 1 1 1 1 , , loam, very , , , 1 1 1 1 , , , , I 1 1 , 1 1 1 1 1 1 I 1 channery loam. 1 , , , , , , , 113 ;Unweathered i i --- i i -- ; --- i --- ; i ; 1 1 1 I 1 I 1 I 1 1 bedrock. 1 , , , 1 1 1 1 1 11 , 1 1 1 1 , 1 1 1 1 , 1 , , 1 1 1 1 1 f 10-3 ;Loam IML 1A-4 1 0 180-100175-100170-95 155-70 120-35 1 NP -10 ferry 13-40;Gravelly clay ;GC, CL, ,A-6, A -7I 5-30 '60-90 160-80 145-70 135-70 135-60 1 20-35 I : loam, cobbly I CH 1 1 : 1 1 { 1 I clay loam, 1 , 1 , 1 , 1 I cobbly clay. i ; i ; ; ; ; :40-601Gravelly loam, ;GC, CL, A-2, ; 5-30 160-90 160-75 :40-70 130-60 120-45 ; 5-25 i ; cobbly clay. 1 CL -ML, A-4, 1 1 ; 1 I 1 GM -GC A-6, 1 1 ; ; ; ; ; 1 11 1 1 1 1 1 I 1 I I A-7 1 I I 1 1 I I I I 1 I I I I I I I I I I I I I 1 ), 41 ; 0-60;Loam ;ML 1A-4 ; 0-5 175-100,75-100160-90 150-75 ; 20-30 1 NP -5 am 1 1 1 i 1 i I I 1 1 1 1 I1 1 1 1 1 1 I 1 1 1 1 1 1 1 I 1 I 1 1 1 1 1 1 '- 1 0-601Loam IML ;A-4 am I 0-10 180-100175-100170-95 150-75 ; 25-35 1 NP -5 Kier ' ' 1 p 1 1 I 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 I I 1 I 1 1 Pct 1 Pct NP -5 NP -5 20-30 1 NP -5 20-30 I NP -5 See footnote at end of table. RIFLE AREA, COLORADO TABLE 14. --PHYSICAL AND CHEMICAL PROPERTIES OF SOILS [The symbol < means less than; > means more than. Entries under "Erosion factors --T" apply to the entire profile. Entries under "Organic matter" apply only to the surface layer. Absence of an entry indicates that data were not available or were not estimated] 141 ' 1 1 ' ' . Erosion I Soil name and 1Depth;Clay <2mm1 Permeability ;Available; Soil ;Salinity; Shrink -swell factors ;Organic map symbol 1 1 I ; water ;reaction; 1 potential 1 ' 1 1 , , 1 matter 1 capacity 1 ; ; K 1 T ' . In 1 Pct In/hr I In/in 1 pH lmmhos/emi , i i Pct 1 1 0-8 1 20-25 1 0.6-2.0 10.16-0.1917.4-7.8 1 <2 1Low 0.281 5 1 3-5 Almy Variant 1 8-341 30-35 1 0.2-0.6 10.18-0.2017.4-8.4 1 <2 !Moderate 0.321 1 134-601 20-35 1 0.6-2.0 10.13-0.1517.9-8.4 1 <2 !Low 0.321 1 II I ! 1 1 1 1 ?*: ! ! 1 1 1 1 1 ! ! ! Arle 1 0-101 15-25 1 0.6-2.0 10.07-0.0917.4-8.4 1 <2 1Low 10.101 2 1 2-4 110-321 10-25 1 0.6-2.0 10.06-0.0917.9-8.4 1 <2 1Low !0.101 1 32 --- ! --- I --- !--- 1--- 1 1 1 1 I I I I I I I 1 I 1 Ansari 1 0-101 18-25 ; 0.6-2.0 ;0.10-0.1317.9-8.4 1 <2 Low 10.151 1 1 2-4 110-181 16-20 1 0.6-2.0 10.08-0.1217.9-8.4 1 <2 1Low 10.15; ! 1 18 1 --- I --- 1 I--- 1---1 1 Rock outcrop. 1 1 1 1 I I 1 1 1 1 1 1 ' 1 1 15-27 ' 0.6-2.0 10.16-0.181 >7.9 1 <4 1Low. 10.321 5 10.5-1 35-45 ; 0.06-0.2 10.07-0.09; >8.4 1 <4 ;High ;0.321 1 28-40 1 0.06-0.2 ;0.09-0.111 >7.8 1 <8 !High ;0.32! 1 ! 1 ' 1 1 1 I 1 ! 10-20 1 0.6-6.0 10.11-0.16 6.6-7.8 1 <2 Low 10,171 5 1-3 20-30 1 0.6-2.0 10.13-0.15 6.6-7.8 ; <2 ;Moderate 10.241 15-25 ; 0.6-6.0 10.11-0.15 7.9-8.4 1 <2 !Low 10.241 ! I I I I 1 ; ! 1 I 1 1 10-20 ; 0.6-6.0 10.11-0.1616.6-7.8 1 <2 Low 10.171 5 , 1-3 20-30 1 0.6-2.0 10.13-0.1516.6-7.8 ; <2 !Moderate ;0.241 1 15-25 ; 0.6-6.0 10.11-0.15;7.9-8.4 1 <2 ;Low 10.24; ; 1 , ! ; I 15-25 1 0.6-2.0 X0.12-0.1517.4-7.9 1 <2 Low 10.281 3 1 1-3 15-25 1 0.6-2.0 0.03-0.0817.9-8.4 1 2-4 ;Low,0.241 ' I I 1 ' 1 1 1 1 1 ' 1 1 1 1 10-20 1 2.0-6.0 10.12-0.14,7.4-7.8 1 <2 Low 10.241 3 ! 2-4 20-30 ; 0.6-2.0 10.11-0.1317.4-7.8 1 <2 !Moderate 10.171 15-25 ; 2.0-6.0 10.07-0.0917.9-8.4 1 <2 !Low 10.101 ; 0-2 ! 6.0-20 10.03-0.05!7.9-8.4 1 <2 !Low !0.101 1 1 1 1 10-20 ! 2.0-6.0 10.08-0.1217.9-8.4 1 <2 ILow 10.101 2 ; 2-4 0-2 1 >6.0 ,0.03-0.05;7.4-8.4 1 <2 !Low 10.101 1 ! 1 1 1 I I ! 1 1 I ' ' 1 1 1 1 , � ' ' 1 1 1 1 I I 1 1 1 1 1 1 1 1 1 1 1 I I1 10-18 ! 2.0-6.0 10.12-0.1416.6-8.4 1 <2 ILow ,0.24; 5 0.5-1 10-20 1 2.0-6.0 10.12-0.15;7.4-8.4 1 <2 !Low 10.321 10-15 1 2.0-6.0 10.08-0.1117.4-8.4 1 <2 !Low 10.32; 1 I I I I 1 II I I ; 1 1 20-27 1 0.06-0.2 10.17-0.2016.1-7.3 1 <2 ;Moderate 10.321 1 ; 2-5 20-35 1 0.06-0.2 10.16-0.1816.1-7.3 ; <2 ;Moderate 10.371 I I 1 15-27 1 0.6-2.0 10.16-0.1816.1-7.8 1 <2 Low 10.321 3 ; 2-5 20-35 . 0.6-2.0 10.11-0.1516.1-7.8 I <2 !Low ,0.281 I 1 1 --- 1 1 1 1 1 1 1 10-20 1 0.6-2.0 10.12-0.1417.9-8.4 1 <2 ILow 10.281 5 10.5-2 10-18 I 2.0-6.0 10.07-0.09;7.9-8.4 1 <2 !Low !0.151 ! 1 , 1 10-25 1 -0.6-2.0 10.16-0.1816.6-7.8 1 <2 Low 10.371 5 ! 2-4 35-45 1 0.06-0.2 10.14-0.16;6.6-7.8 1 <2 !High 10.321 ; 1 1 1 ! 1 I 1 I 1 3, 4 1 0-3 1 Arvada 1 3-17, 117-601 1 1 5, 6 1 0-5 1 Ascalon ; 5-301 130-601 ; ! Ascalon '1 0-5 1 1 5-301 130-601 Pena 1 0-121 112-601 1 1 I 1 3*: ! ! Atencio ; 0-11; 111-231 123-281 128-601 ! ; Azeltine 1 0-18, 118-60[ 06. ! ; Badland ; ! 10, 11 1 0-141 Begay 114-24; 124-601 2*: I Bucklon 0-5 1 5-15; 1 15 1 1 1 1 1 Inchau 1 0-3 1 1 3-361 1 36 1 ! ; 3, 14, 15 1 0-131 Chilton 113-601 ! ; 6 1 0-4 1 Cimarron 1 4-601 1 See footnote at end of table. 142 SOIL SURVE TABLE 14. --PHYSICAL AND CHEMICAL PROPERTIES OF SOILS --Continued 1 ' 1 1 1 Erosion 1 Soil name and IDepthlClay <2mm1 Permeability ;Available) Soil ISalinityl Shrink -swell I factors ;Organ; map symbol l 1 I water Ireactionl 1 potential 1 1 { matte ;capacity ; 1 1 T 1 I , K In 1 Pct 1 In/hr { In/in I j1 Immhos/cml l l i Pct I 1 1 - ' ' 1 1 , 17 1 0-211 20-27 1 0.6-2.0 10.16-0.1816.6-7.3 I <2 1Low 10.241 5 1 3-6 Cochetopa 121-601 35-50 1 0.06-0.2 10.11-0.1416.6-7.8 1 <2 ;High 10.241 ; 1 1 I 1 1 { ' { 1 1 Cochetopa ; 1 1 1 p 10-211 20-27 1 0.6-2.0 ,0.16-0.18,6.6-7.3 I <2 ILow 10.241 5 1 3-6 121-601 35-50 : 0.06-0.2 10.11-0.1416.6-7.8 { <2 1High 10.241 ; 1 i 1 11 1 1 1 1 Jerry 1 0-3 1 20-25 1 0.6-2.0 10.16-0.1816.6-7.3 1 <2 ILow 1 5 1 3-601 35-50 I 0.06-0.2 10.13-0.1517.4-8.4 1 <2 :High 10.321 5 1 3-5 I 1 1 1 1 11 1 20* 1 1 1 1 1 1 1 1 1 , Cryaquolls ; 1 { ' ' ' ; ; I 1 '1 1 1 I 1 I 21*: 1 1 1 1 1 i i I I I I I 1 1 1, , Cushman I 0-3 I 16-20 ; 0.6-2.0 10.16-0.2016.6-7.8 ; <2 ILow 1 1 1 3-111 25-35 ; 0.6-2.0 10.14-0.1817.4-8.4 ; <2 {Moderate '0.24' 2 2-3 111-321 16-20 1 0.6-2.0 10.08-0.1217.4-8.4 I <2 ILow j0.171 1 32 1 --- 1 --- i1--- I--- I--- 1 l 1 1 1 1 1 1 1 1 1 1 1 1 Lazear I 0-4 1 15-20 i 0.6-2.0 10.08-0.1117.9-9.0 1 <2 :Low 10.201 1 10.5-1 4-161 15-20 1 0.6-2.0 10.08-0.111 >7.9 I <2 ;Low 10,201 { 1 16 1 --- 1 --- 1 --- 1 --- 1 --- 1 1 1 1 1 1 1 1 I 1 1 1 1 I 1 1 22 10-3 I 15-25 1 0.6-2.0 10.11-0.1316.1-7.3 1 <2 1Low 10.241 3 1 3-6 Dateman 1 3-221 10-20 I 0.6-2.0 10.08-0.1016.6-7.8 { <2 ILow' 0.201 122-341 10-20 1 0.6-2.0 10.08-0.1016.6-7.3 1 <2 1Low 10.201 1 34 1 --- 1 --- 1 --- 1 --- 1 --- ;1 {- I 1 1 1 23 1 0-121 10-20_ 1 0.6-2.0 10.10-0.1416.6-7.8 1 <2 ILow --10.24 3 ; 3-6 ,Detra 112-571 20-35 1 0.6-2.0 10.14-0.1616.6-8.4 1 <2 :Moderate 10.20 1 57 I --- 1 1 1 1 1 --- 1 1- 1 24*: 1 I 1 1 1 1 1 1 1 i 1 ' 1 1 1 I { Dollard 1 0-5 1 35-45 1 0.06-0.2 10.17-0.1917.4-9.0 1 <2 :High 10.371 2 1 1-2 1 5-251 35-50 1 0.06-0.2 10.13-0.1817.4-9.0 1 <2 ;High 10.431 --- 1 25 1 1 --- i --- i --- 1 1 1' 1 1 1 1 1--- ----1 Rock outcrop. : 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ' 1 1 1 25 1 0-151 10-23 1 0.6-2.0 10.16-0.1816.1-7.3 1 <2 1Low :0.20 5 10.5-1 Etoe 15-241 10-25 1 0.6-2.0 10.12-0.1416.1-6.5 1 <2 :Low 10.15 124-601 20-25 1 0.6-2.0 10.05-0.1116.1-7.3 1 <2 ILow 10.15 ; 1 ' 1 1 1 1 1 1 1 26*: 1 1 1 1 1 1 1 1 ' 1 I I , 1 I 1 Farlow 1 0-101 15-25 0.6-2.0 10.12-0.1417.4-7.8 1 <2 ILow 10.28 3 1 2-5 110-421 18-27 1 0.6-2.0 ;0.05-0.0717.9-8.4 1 <2 1Low 10.281 1 11 42 --- 1 --- 1 --- 1 --- ' 1 1 1 1 1 --- 1 1 1 1 1 { ; 1 Rock outcrop. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 27*.1 1 1 1 1 1 1 1 1 1 I I 1 Halaquepts 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 28, 29, 30, 31---; 0-8 30-45 1 0.06-0.2 ;0.12-0.1717.4-9.0 I <8 iHigh 10.281 5 1 1-2 Heldt 1 8-60 35-45 1 1 0.06-0.2 10.12-0.1717.9-9.0 1 <8 :High 10.281 1 ' l 1 1 1 I 1 1 32 1 0-11 30-40 1 0.2-0.6 10.15-0.1917.9-8.4 1 <2 ;Moderate 10.24 5 1 2-4 Holderness 111-30 40-60 1 0.06-0.2 10.15-0.1917.9-8.4 1 <2 ;High 10,28 1 Variant 130-60 30-40 1 0.2-0.6 10.15-0.1917.9-8.4 1 <2 ;High ;0.32{ 1 1 1 1 11 I 1 1 I 33, 34 1 0-8 15-25 1 2.0-6.0 10.08-0.1017.4-8.4 1 <2 1Low 10.15; 3 10.5-1 Ildefonso 1 8-60 15-25 11 2.0-6.0 10.06-0.0817.9-8.4 1 <4 ;Low 10.151 1 1 1 I 1 I 1 1 1 1 135*: 1 1 1 1 ; 1 1 1 Ildefonso 1 0-8 1 15-25 1 2.0-6.0 10.08-0.1017.4-8.4 1 <2 ;Low ' 1 1 8-6011 15-25 1 2.0-6.0 10.06-0.0817.9-8.4 I <4 {Low 10.151 3 :0.5-1 { { ' 1 1 1 1 1 0. 1 1 1 ' 1 1 1 1 1 { See footnote at end of table. !HULL ID.--JUlL HIVU WHAA CC.HuUnGJ [The definitions of "flooding" and "water table" in the Glossary explain terms such as "rare," "brief," "apparent," and "perched." The symbol < means less than; > means more than. Absence of an entry indicates that the feature is not a concern] Soil name and map symbol 1 i Flooding ;Hydro -I 1 ; logic: Frequency ;group I I 1 1 1 I C ;None I Almy Variant 1 I 1 1 I 1 i 1 I 2*: i ; i Arle I C (None 1 I I Ansari 1 D (None ; 1 I 1 I I I Rock outcrop. I 1 I 1 1 1 I I 3, 4 1 D ;None : Arvada ; ; 1 , I 5, 6 I B ;None Ascalon 1 1 1 1 1 7*: 1 ! I Ascalon 1 B (None : 1 1 1 Pena I B ;None I I 1 8*: 1 1 Atencio I 8 ;None I ; Azeltine I 8 ;None 1 I I I 9*• ; 1 I Badland ; ! : i 1 I I I 10, 11 I B :None Begay 1 I ; 11 1 I 1 12*: 1 ; ; Bucklon ; D :None I 1 1 I Inchau I C :None 11 I I I 13, 14, 15 1 B ;None I Chilton 1 ! 1 1 1 1 I 16 1 C :None i Cimarron 1 ; II 1 I I 1 17 I C ;None I Cochetopa 1 ; 1 1 I 1 18*, 19*: ' I I Cochetopa I C ;None ' ; Jerry I C !None I ; ; I See footnote at end of table. Duration ;Months High water table ;Bedrock I I Risk of corrosion i ; ; Potential I ; Depth : Months I Depth : Hardness : frost ;Uncoated ;Concrete I action I steel I Ft ; ; In1 1 1 1 ! I ! I I >6.0 ; : >60 ; :Low righ ;Low. 1 ! ; 1 i ; I i i I II 1 1 >6.0 ! ! 20-40 I 1Rippable ILow :Moderate ILow. I 1 I I 1 I I 1 >6.0 : ; 10-20 :Hard ;Low ;High ILow. 1 1 ; ; 1 I 1 1 I 1 1 1 1 I I >6.0 I ; >60 : Low (High ;Moderate. ; ; ; ; ; 1 : I I ; >6.0 ! ; >60 I (Moderate ---(Moderate Low. ; ; 1 ; 11 1 1 1 I 1 1 1 1 ; 1 1 I I >6.0 ; : >60 I (Moderate ---;Moderate ILow. 1 ; ; ! >6.0 : ! >60 I ;Moderate ---;High :Low. 1 1 1 1 1 I I 1 1 1 I I I I >6.0 ; ; >60 Low :High ILow. >6.0 : ; >60 ; Low (High ILow. 1 1 ; ; ; 1 1 : : 1 11 1 1 1 1 1 1 1 ; ; ; ! ; >6.0 ; ; >60 ; ILow (High Low. 1 I 1 I I I 1 1 ; I >6.0 ; ; 10-20 1Rippable ;Moderate ---;High ;Low. I 1 1 ; >6.0 ; 1 20-40 IRippable :Moderate ---;High ft::: 1 1 >6.0 ; ! >60 ; --- row(Moderate 1 1 1 1 11I i 1 ; >6.0 ; >60 ; ;Moderate ---;High ILow. 1 ! 1 1 1 1 1 ; >6.0 : : >60 1 ;Moderate ---;High Low. ; ; 1 I ' ' I ! 1 I 1 I : ; >60 ! (Moderate ---;High Low. 1 I I I I 1 1 1 I 1 ! ! 1 >60 ; 1 (Moderate---lHigh ;Low. 1 1 1 >6.0 1 1 >6.0 1 OavE10100 'v wv 31d11: TABLE 15. --SOIL AND WATER FEATURES --Continued Soil name and map symbol ;Hydro-; Flooding I logic; Frequency ;group I 1 ; 20*. 1 I Cryaquolls 1 1 1 1 21*: 1 ; Cushman I C (None Lazear I D ;None 1 1 I 22 I C !None Dateman 1 1 23 I ; B (None Detra 1 1 11 1 , 24*: 1 , I Dollard I C ;None 1 Rock outcrop. 1 ! ! 25 I 8 !None Etoe 1 1 1 1 2b*: 1 I Farlow I B ;None 1 Hock outcrop. ; ; ; ! 27*. 1 1 Halaquepts 1 ; I 28, 29, 30, 31----I C !None Heldt ; ; ; ' 1 1 32 I C ;None Holderness 1 ; Variant 1 ; 1 ! 33, 34 1 B ;None 1 Ildefonso I 1 1 ; ' 35*:; 1 Ildefonso I B ;None Lazear ; D ;None None I 1 ; I 36, 37 I D ;None ' Irigul ; 1 1 1 ' 38*: ' 1 I ' 1 Irigul I D ;None ; 1 ; Starman I D ;None ' I 1 I See footnote at end of table. i High water table ; Bedrock T I Risk of corrosion 1 I Potential I 1 Duration !Months I Depth I Months i Depth 1 Hardness I frost ;Uncoated ;Concrete ' I steel I 1 1 ; action ' ' I 1 Ft 1 ; In I I I I I I I I I 1 I 1 I I I 1 I I I I 1 I _ 1 I I I 1 I 1 1 I 1 I I 1I 1 I 1 1 I 1 I >6.0 1 i 20-40 IRippable ;Low High ;Low. , ! 1 I 1 - ; >6.0 ; --- ; 10-20 Hard Low High ;Low. ' 1 1 ' 1 1 >6.0 ; ; 20-40 Hard (Moderate ---;High Itloderate. 1 1 1 1 1 1 I 1 1 I ;1 1 1 1 ! >6.0 1 ! 40-60 !Hard (Moderate---IHigh ILow. ; 1 ; 1 1 1 1 1 ; 1 I ; 1 ; ; 1 1 ! ! 1 ; >6.0 ; ; 20-40 IRippable ILow 1 (Nigh ILow. 1 1 1 1 I 1 I I I 1 1 1 i 1 1 ; 1 1 1 I I --- ! >6.0 ! 1 >60 I (Moderate ---!Low ILow. 1 1 1 1 1 1 1 I 14 1 1 1 1 ; 1 1 1 - 1 ! >6.0 ! ; 40-60 ;Hard row !High ;Low. 1 1 1 1 11I1I1 I 1 I ; 1!I ! !II I 1 I I I I I I 1 I I I I 1 1 I I I ! ; ! I 1 I I ! >6.0 1 ! >60 I ILow !High IHigh. I1i I ! i ' 1 1 1 1 I 1 1 , 1 ! 1 ; 1 1 I - I ; >6.0 ! ; >60 ; ;Moderate---IHigh ;Low. 1 ; ; 1 1 ; ; 1 1 1 1 1 1 1 ; 1 1 1 1 i 1 1 1 1 1 >6.0 I 1 1 >60 1 1 ILow I• IHigh Low. I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 4 1 1 1 1 1 I 1 1 1 1 I ! >6.0 I ; >60 ; --- ILow 'High ;Low. ! ! 1 1 1 1 ; >6.0 ; ; 10-20 (Hard ILow High iL:rI ! ! ' ! ! ! ! ! >6.0 ; 1 10-20 ;Hard ILow ;High L 1 ; 1 1 1 1 1 1 ; I I I I 1 I I I 1 1 I 1 1 1 1 1 I >6.0 1 I 10-20 'Hard rMoowderate- IHigh ILow. 1 ! ! ; 1 1 1 I >6.0 ; I10-20 ;Hard --;High ;Low. 1 1 1 1 1 1 1 ; 1 1 1 ADAJJf1S BIOS COLORADO RIVE; ENGINLERINe INCORPORATED P.O. Box 1301 Rifle, CO 81650 Tel 970-625-4933 Fax 970-625-4564 December 22, 2008 Mr. Tim Thulson, Esq. Balcomb & Green, P.C. PO Drawer 790 Glenwood Springs, CO 81602 RE: Water Supply — Ziegler Exemption - Silt, Colorado Dear Tim: As requested, Colorado River Engineering, Inc. has assisted with the development of a water supply for the Ziegler 4 -lot subdivision exemption situated along Highway 6&24 west of Silt. We have prepared this letter to summarize water supply components. One well will serve the western Lot 1 and a shared well will serve the eastern Lots 2, 3, & 4. The attached appendices include the following items for each well; (1) well permit, (2) old monitoring hole permits, (3) Well construction log, (4) 4 -hour pump test reports, (5) water quality test results. Our review indicates that the wells have a legal supply and a sufficient physical supply to serve the proposed uses with acceptable water quality results for bacteria and nitrate/nitrite. We have prepared the following table to summarize the water supply components. Well Summar Table West Well East Well Lots Served Number of residences Irrigated area Well Permit No. Monitoring Well permit No. Well construction Log 4 -hour pump test Water Quality E coli Test Coliform presence Nitrate (max 10 mg/I) Nitrite (max 1 mg/I) Lot 1 1 14,520 s.f. 67673-F 273661 273661 J&M Pump none none 0.3 0.01 Lot 2, 3, & 4 3 43,560 s.f. 67672-F 273662 273662 J&M Pump none none 0.3 0.02 The East well is proposed to be split among three lots and will need a well sharing agreement. We recommend the agreement require each individual homeowner to develop on-site storage and booster pumps to meet instantaneous peak demands. Each lot EXHIBIT A- 5 1 should be limited to 14,520 s.f. of irrigated area. The east well is located on Lot 1 and the plat should include an easement to access the well. If you have any questions, please feel free to call our office at 970-625-4933. Sincerely, Colorado River Engineering, Inc. is opher Manera, P.E. Encl: CM:cm M:\CREj obfi les\712-Ziegler\ Wel lSumryDee-08. doc State Engineer By EXPIRATION DATE 11-04-2009 , Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 EXST WELL PERMIT NUMBER 67673 -F DIV. 5 WD 39 DES. BASIN MD DONALD ZIEGLER PEREGRINE 08 INVESTMENTS PO BOX 2810 GLENWOOD SPRINGS, CO 81602- APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SW 1/4 Section 5 Township 6 S Range 92 W Sixth P.M. DISTANCES FROM SECTION LINES 560 Ft. from South 1075 Ft. from West Section Line Section Line (970) 379-1280 CHANGE/EXPANSION OF USE OF AN EXISTING WELL UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #070419WestDZ(a). 4) Approved for the use of, an existing well, constructed on November 9, 2007, to a depth of 70 feet, under permit no. 273662 (canceled). Issuance of the permit hereby cancels permit no. 273662. 5) Approved as a well on a tract of land of 41.85 acres described as that portion of the SW 1/4 of the SW 1/4, Sec. 5, Twp. 6 South, Rng. 92 West, 6th P.M., Garfield County, more particularly described on the attached exhibit A. Further identified as 31145 Highway 6 & 24, Silt, CO 81652. 6) The use of ground water from this well is limited to fire protection, ordinary household purposes inside one (1) single family dwelling, the watering of two (2) head domestic animals, the irrigation of not more than 14,520 square feet of home gardens and lawns. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as Ziegler West Well. 7) The pumping rate of this well shall not exceed 15 GPM. 8) The average annual amount of ground water to be appropriated shall not exceed 1.27 acre-foot (413,830 gallons). 9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 10) This well shall be constructed not more than 200 feet from the location specified on this permit. 11) Totalizing flow meters must be installed on this well, and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. NOTE: Canceled permit no. 273662 was previously issued for this well. NOTE: Parcel Identification Number (PIN): 23-2179-054-00-056 NOTE: Assessor Tax Schedule Number: R200399 (totaling 41.85 acres) APPROVED DMW Receipt No. 9503147B DATE ISSUED 11-04-2008 Nov 12 07 04:OOp Wayne Shelton 97Q6927-3801 • Form No. OFFICE OF THE STATE ENGINEER GWS -25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg.. 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 APPLICANT WELL PERMIT NUMBER 273662 p.1 � N Y5 DIV. 5 WD 39 DES. BASIN MD DONALD ZIEGLER PO BOX 2810 GLENWOOD SPRINGS, CO 81602- (970) 379-1280 PERMIT TO CONSTRUCT A WELL APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SW 1/4 Section 5 Township 6 S Range 92 W Sixth P.M. DISTANCES FROM SECTION LINES 560 Ft. from South Section Line 1075 Ft. from West Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing' ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(I) for uses as described in CRS 37-92-602(1)(f). Use of this well is limited to monitoring water levels and/or water quality sampling. This well is known as Ziegler West Monitoring Well. 4) This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well. The well must be kept capped and locked at all times except during sampling or measuring. 5) Records of water level measurements and water quality analyses shall be maintained by the well owner and submitted to the Division of Water Resources upon request. 6) Upon conclusion of the monitoring program the well owner shall plug this well in accordance with Rule 16 of the Water Well Construction Rules. A Well Abandonment Report must be completed and submitted to the Division of Water Resources within 60 days of plugging. 7) The owner shad mark the well in a conspicuous place with the well permit number and name of aquifer as appropriate, and shall lake necessary means and precautions to preserve these markings. 8) This well must be constructed by or under the supervision of a licensed well driller or other authorized individual according to the Water Well Construction Rules. If non-standard construction is anticipated, a variance request must be submitted in accordance with Rule 18 and approved prior to well construction. 9) A Well Construction and Test Report (Form GWS -31), including lithologic log must be submitted by the individual authorized to construct the well. For non-standard construction, the report must include an as -built drawing showing details such as depth, casing, perforated zones, and a description of the grouting type and interval. 10) This well shall be constructed not more than 200 feet from the location specified on this permit. ' 7✓ NOTE: Parcel Identification Number (PIN): 23-2179-05400-056 ������✓ NOTE: Assessor Tax Schedule Number: R200399 (totaling 41.85 acres) APPROVED % 1 State Engineer B ,Receipt No. 95027666 DATE ISSUED 05-18-2007 By DATE 05-18-2009 Nov 12 07 04:OOp Wayne Shelton----,,, 971-927-3801 p.2 WELL CONSTRUCTION AND TEST REPORT -STATE OF COLORADO, OFFICE OF THE STATE ENGINEER FOR OFFICE USE ONLY 1- WELL PERMIT NUMBER 273662 2. Owner Name(s): Donald Ziegler Mailing Address: P.O. Box 2810 City, State, Zip : Glenwood Springs, Co 81602 Phone # : 907-379-1280 APPROVAL # Gws31-91-03 WELL LOCATION AS DRILLED 3 SW 1/4 SW 1/4 Sec: 5 Twp: 6 S Range: 92 W DISTANCES FROM SEC. LINES 490 ft_ from South Sec. line and 1125 fL from West Sec. line OR Easting: Northing: SUBDIVISION: LOT: BLOCK: FILING (UNIT): STREET ADDRESS AT LOCATION 4 GROUND SURFACE ELEVATION ft. DRILLING METHOD Air Rotary DATE COMPLETED: 11/9'2007 TOTAL DEPTH: 70 DEPTH COMPLETION: 70 5. GEOLOGIC LOG 6. HOLE DIAMETER (in) FROM (ft) TO (ft) Depth Type of Material (Size, Color, and Type) 9.0 0 58 000-041 Clays, Silts 6.5 58 70 041-050 Cobbles, Gravels 050-070 Wasatch Formation 7. PLAIN CASING OD (in) Kind Wall Size From (f4) To (ft) 7.0 Steel 0.240 -1 42 7.0 Steel 0.240 50 58 5.5 PVC 0.250 50 70 PERF. CASING : Screen Slot Size 7.0 Steel 0.240 42 50 Water Located: 41 - 50 Remarks : 8. Filter Pack Material : Size : Interval : 9. Packer Placement Type : Depth : 10. GROUTING RECORD Material Amount Density I Interval I Placement Cement 5 sks 6 gaUsic ; 10-24 I poured 1 11. DISINFECTION : Type : HTH Amt. Used : 2 oz. 12. WELL TEST DATA : () Check Box If Test Data Is Submitted On Supplemental TESTING METHOD : Air Compressor Static Level : 37 ft. Date/Time Measured 11/9/2007 Production Rate 15 gpm Pumping Level : Total ft. DaterTime Measured 11/9/2007 Test Length : 2 hours Test Remarks : 13 1 have read the statements made herein and know the contents thereof, and that they are true to my knowledge. (Pursuant to Section 24-4-1-4 (13)(a) CRS, the making of false statements conaitutes perjury in the second degree and is punishable as a class 1 misdemeanor ) CONTRACTOR : Shelton Drilling Corp. Phone : (970) 927-4182 Mailing Address : P.O. Box 1059 Basa Co. 81621 Lic. No. 1095 Name i Title (Please Type or Print) Signaturf Date Wayne Shelton / President ♦l. —_+, 11/12/2007 � if it Amp Jac. 8611 Pain Saad 117 1°e,wfoad Sptiter eo 81601 gYiaaef 97C-945,6159 erm 97C-94g-6159 „ffa= 97C-945-6159 iv y Y`x. i�"y.."[^� 'j ! ,iy�-�.. "'m'* r-^" �, ! r.0 l r r R�'A �u)��tglx,.$� r,'��� E �' l�_. ^l : l)1 Y.tiirAtiLY]INa1ll,111IiY 1YI�w t'9��.' �'l►1iy(.YY� Well Test DATE: December 5, 2007 TO: Don Ziegler Box 2810 Glenwood Springs, CO. 81602 RE: Well Test #2 Attn: Don, 3 & M Pump Inc. performed a four hour well test on property located east of your residence located west of Silt_ Well #2 information was obtained: Well Depth: 70' Water Level: 28' measured from top of casing Drawdown To: 30'2" measured from top of casing Sustained Yield: 15 GPM Clarity: Clear Recovery: 100% within 22 minutes Sample: Taken by Colo. Riv. Eng. Mark Hays Pumping volume was increased to @ 40 GPM ,for 15 minutes towards end of test. The drawdown of that yield was 13" from 30'2" If you have any questions, please call Rick, 945-6159 I&MPump Inc. Richard A Holub Lic. No 1 196 Thank You! 1876 Laboratory Services D4sion 8100 Lowry Bouleva.. enver CO 80230-6928 US Mail: PO Box 17123, Denver CO 80217 colotada Department (303) 692-3090 fax (303) 344-9989 of Public Health and Environment Lab ID No. ENW-2007007081 SAMPLE SITE SAMPLE INFORML\TION DON ZIEGLER WEST WELL 31145HWY6&24 ZIEGLER PROPERTY WEST WELL WELL HEAD Collected Received Reported Collected By 11/19/2007 10:00:001 11/20/2007 11:47:OOAM 11/21/2007 MH Matrix Drinking Water CUSTO IER C'ON1 s11:\ TS Colorado River Engineering PO Box 1301 Rifle CO 81650 Contact Name Mark Hayes Contact Phone Purpose Special Chlorine residual Purpose Payment Type Billed Test Name Result Method Name Escherichia coli PA Total coliforms PA E. coli not detected Coliform absent or less than one (<1), indicates a microbiologically safe sample SM 9223 ARS Interent Address: http://www.cdphe.state.co.us/ir/lrhom.htm [odification Date:11/21/2007 Colorado Department of Public Health and Environment Lauoraiory cervi uivision 8100 Lowry Bour rd, Denver CO 80230-6928 US Mail: PO Box Tr -123, Denver CO 80217 (303) 692-3090 fax (303) 344-9989 LAB ID: INO-2007005836-001-A SAMPLE SITE SAMPLE INFORMATION DON ZIEGLER WEST WELL 31145HWY6&24 SILT CO ZIEGLER PROPERTY WEST WELL Collected Received Reported Collected By Matrix Water Temp Residual Chlorine Field Fluoride 11/19/2007 10:00:00/ 11/20/2007 11:47:80/ 11/29/2007 MH Drinking Water Contact Name Contact Phone Colorado River Engineering PO BOX 1301 136 East Third Street Rifle CO 81650 Mark Hayes 0 Lab Comments: POL - The lowest concentration ofa substance in a sample that can be measured with a known level of confidence MCL - Maximum Contaminant Leve/ - The highest level ofa contaminant that is al/owed in drinking water - less than MDL mg/L - milligram per liter (ppm) ug/L - microgram per liter (ppb) .SD Interent Address: http://www.cdphe.state.co.us/]r/lrhom.htm Test Name Result Units Method Name Date Analyzed Yz MCL PQL Q Qualifier Nitrite -N <0.01 mg/L EPA 300.0 11/21/2007 1.0 0.01 Nitrate -N 4.2 mg/L EPA 300.1 11/20/2007 10 0.3 Lab Comments: POL - The lowest concentration ofa substance in a sample that can be measured with a known level of confidence MCL - Maximum Contaminant Leve/ - The highest level ofa contaminant that is al/owed in drinking water - less than MDL mg/L - milligram per liter (ppm) ug/L - microgram per liter (ppb) .SD Interent Address: http://www.cdphe.state.co.us/]r/lrhom.htm By EXPIRATION DATE 11-04-2009 , Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 EXST WELL PERMIT NUMBER 67672 -F DIV. 5 WD39 DES. BASIN MD DONALD ZIEGLER PEREGRINE 08 INVESTMENTS PO BOX 2810 GLENWOOD SPRINGS, CO 81602- APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 SW 1/4 Section 5 Township 6 S Range 92 W Sixth P.M. DISTANCES FROM SECTION LINES 275 Ft. from South Section Line 1550 Ft. from West Section Line (970) 379-1280 CHANGE/EXPANSION OF USE OF AN EXISTING WFI t UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #070419EastDZ(a). 4) Approved for the use of, an existing well, constructed on November 30, 2007, to a depth of 70 feet, under permit no. 273661 (canceled). Issuance of the permit hereby cancels permit no. 273661. 5) Approved as a well on a tract of land of 41.85 acres described as that portion of the SE 1/4 of the SW 1/4, Sec. 5, Twp. 6 South, Rng. 92 West, 6th P.M., Garfield County, more particularly described on the attached exhibit A. Further identified as 31145 Highway 6 & 24, Silt, CO 81652. 6) The use of ground water from this well is limited to fire protection, ordinary household purposes inside three (3) single family dwellings, the watering of six (6) head domestic animals, the irrigation of not more than one (1) acre of home gardens and lawns. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as Ziegler East Well. 7) The pumping rate of this well shall not exceed 15 GPM. 8) The average annual amount of ground water to be appropriated shall not exceed 3.82 acre-foot (1,244,747 gallons). 9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 10) This well shall be located not more than 200 feet from the location specified on this permit and at least 600 feet from any existing well, completed in the same aquifer, that is not owned by the applicant. 11) Totalizing flow meters must be installed on this well, and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. NOTE: Canceled permit no. 273661 was previously issued for this well. NOTE: Parcel Identification Number (PIN): 23-2179-054-00-056 NOTE: Assessor Tax Schedule Number: R200399 (totaling 41.85 acres) APPROVED DMW Receipt No. 9503147A Ga State Engineer DATE ISSUED 11-04-2008 Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 1095 WELL PERMIT NUMBER 273661 DIV. 5 WD 39 DES. BASIN MD DONALD ZIEGLER PO BOX 2810 GLENWOOD SPRINGS, CO 81602- (970) 379-1280 PERMIT TO CONSTRUCT A WELL APPROVED WELL LOCATION GARFIELD COUNTY SE 114 SW 1/4 Section 5 Township 6 S Range 92 W Sixth P.M. DISTANCES FROM SECTION LINES 275 Ft. from South Section Line 1550 Ft. from West Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action_ 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(I) for uses as described in CRS 37-92-602(1)(f). Use of this well is limited to monitoring water levels and/or water quality sampling. This well is known as Ziegler East Monitoring Well. 4) This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well. The well must be kept capped and locked at all times except during sampling or measuring. 5) Records of water level measurements and water quality analyses shall be maintained by the well owner and submitted to the Division of Water Resources upon request. 6) Upon conclusion of the monitoring program the well owner shall plug this well in accordance with Rule 16 of the Water Well Construction Rules. A Well Abandonment Report must be completed and submitted to the Division of Water Resources within 60 days of plugging. 7) The owner shall mark the well in a conspicuous place with the well permit number and name of aquifer as appropriate, and shall take necessary means and precautions to preserve these markings. 8) This well must be constructed by or under the supervision of a licensed well driller or other authorized individual according to the Water Well Construction Rules. if non-standard construction is anticipated, a variance request must be submitted in accordance with Rule 18 and approved prior to well construction. 9) A Well Construction and Test Report (Form GWS -31), including lithologic log must be submitted by the individual authorized to construct the well. For non-standard construction, the report must include an as -built drawing showing details such as depth, casing, perforated zones, and a description of the grouting type and interval. 10) This well shall be constructed not more than 200 feet from the location specified on this permit. NOTE: Parcel Identification Number (PIN): 23-2179-054-00-056 NOTE: Assessor Tax Schedule Number: R200399 (totaling 41.85 acres) APPROVED DMW Receipt No. 9502766A State Engineer By DATE ISSUED 05-18-2007 EXPIRATION DATE 05-18-2009 WELL CONSTRUCTION AND TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER FOR OFFICE USE ONLY -RECEIVED 1. WELL PERMIT NUMBER 273661 MAR 2. Owner Name(s): Don Ziegler MailingAddress:P.O. Box 2810 City, State, Zip : Glenwood Springs, Co. 81602 Phone # 6 6 /008 NA.i ER RESOURCES STATE ENGINEER 7.0L APPROVAL # GWS31-91-03 WELL LOCATION AS DRILLED 3 SE 1/4 SW 1/4 Sec: 5 Twp:6 S DISTANCES FROM SEC. LINES Range: 92 W 260 ft. from South Sec. line and 1520 ft. from West Sec. line OR Easting: Northing: SUBDIVISION: LOT: BLOCK: FILING (UNIT): STREET ADDRESS AT LOCATION 4 GROUND SURFACE ELEVATION ft. DRILLING METHOD Air Rotary DATE COMPLETED: 11/30/2007 TOTAL DEPTH: 70 DEPTH COMPLETION: 70 5. GEOLOGIC LOG 6. HOLE DIAMETER (in) FROM (ft) TO (ft) Depth Type of Material (Size, Color, and Type) 9.0 0 45 000-033 Silts, Clays 6.5 45 70 033-044 Gravels 044-070 Wasatch Formation 7. PLAIN CASING OD (in) Kind Wall Size From (ft) To (ft) 7.0 Steel 0.240 -1 34 5.5 PVC 0.250 45 70 PERF. CASING : Screen Slot Size 7.0 Steel 0.240 34 45 r 5.5 PVC 0.250 32 45 Water Located: 33 - 44 Remarks : 8. Filter Pack Material : Size : Interval : 9. Packer Placement Type : Depth : 10. GROUTING RECORD Material Amount Density Interval Placement Cement 5 sks 6 gallsk 10-25 poured 11. DISINFECTION : Type : HTH Amt. Used : 2 oz. 12. WELL TEST DATA : 0 ) Check Box If Test Data Is Submitted On Supplemental TESTING METHOD : Air Compressor Static Level : 27 R. Date/Time Measured 11/30/2007 Production Rate 15 gpm Pumping Level : Total ft. Date/Time Measured 11/30/2007 Test Length : 2 hours Test Remarks : 13. I have read the statements made herein and know the contents thereof and that they are true to my knowledge. (Pursuant to Section 24-4-1-4 (13Xa) CRS, the making of false statements constmms perjury no the second degree and is punishable as a class 1 misdemeanor.) CONTRACTR Shelton Drilling Corp. Phone : (970) 927-4182 Mailing Address : P.O. Box 1059 Basalt, Co. 81621 Lic. No. 1095 Name / Title (Please Type or Print) Signature .1 , Date ' ' Wayne Shelton / President I 12/4/2007 6 Ni FROM : J&M PUMP COMPANY FAX NO. : 970 945 6159 Nov. 19 2007 04:15PM P1 6611 Count* Saad 117 genwood Sptinfo CO 81601 Acne: e: 97C-945-6159 97C-948.6159 SaQ 97C-945.6159 Well Test DATE: November 19, 2007 TO: Don Ziegler Box 2810 Glenwood Springs CO. 81602 RE: Well Test Attn: Don, J & M Pump Inc. performed a four hour well test on property located east of your residence located west of Silt. The following information was obtained: Well Depth: 70' Water Level: 35' 10" measured from top of casing Drawdown To: 36'4" measured from top of casing Sustained Yield: 15 GPM Clarity: Clear Recovery 92% within 8 minutes Sample: Taken by Colo Riv. Eng_ Mark Hays Pumping volume was increased to ® 40 GPM for 15 minutes towards end of test. The drawdown of that yield was ® 14" from 36'4". If you have any questions, please call Rick, 945-6159 J & M Ync_ Richard A Holub Lie. No 1196 Thank Yon! LaDoratory services t.z1yision 8100 Lowry Bouleva 'Denver CO 80230-6928 • �' US Mail: PO Box 171•z3, Denver CO 80217 Caloraio (303) 692-3090 fax (303) 344-9989 of Unseat at ZIEGLER PROPERTY 31145 HWY 6&24 EAST WELL EAST WELL WELL HEAD Contact Name Contact Phone Colorado River Engineering PO Box 1301 136 East Third Street Rifle CO 81650 Mark Hayes Collected Received Reported Collected By Lab ID No. ENW-2007007353 12/5/2007 9:05:OOAD 12/6/2007 11:02:00AM 12/7/2007 MH Matrix Drinking Water Purpose Special Chlorine residual 0 Purpose Payment Type Billed Test Name Result Method Name Escherichia coli PA Total coliforms PA E. coli not detected Coliform absent or less than one (<1), indicates a microbiologically safe sample SM 9223 ARS Interent Address: http://vwvw.cdphe.state.co.us/Ir/lrhom.htm lodification Date:12/7/2007 ,AMPLE INFORMATION Colorado Department of Public Health and Environment SAMPLE SITE Laboratory Services4)ivision 8100 Lowry Boulez 1, Denver CO 80230-6928 US Mail: PO Box 17123, Denver CO 80217 (303) 692-3090 fax (303) 344-9989 ZIEGLER PROPERTY 31145HWY6&24 SILT CO EAST WELL WELL HEAD LAB ID: INO-2007006047-001-A Collected Received Reported Collected By Matrix Water Temp Residual Chlorine Field Fluoride 12/5/2007 9:05:OOA1` 12/6/2007 4:19:00PN 12/12/2007 mh Drinking Water CUSTOMER COMMENTS Contact Name Contact Phone Colorado River Engineering PO BOX 1301 136 East Third Street Rifle CO 81650 Mark Hayes 9706254933 NO NEED TO RETURN ICE PACK Test Name Result Units Method Name Date Analyzed MCL PQL Qualifier Nitrate -N <0.3 mg/L EPA 300.1 12/07/2007 10 0.3 Nitrite -N <0.02 mg/L EPA 300.0 12/07/2007 1.0 0.02 Lab Comments: COPY SENT TO CDPHE WATER QUALITY DEP. PQL - The lowest concentration ofa substance in a sample that can be measured with a known level of confidence MCL - Maximum Contaminant Level - The highest level ofa contaminant that is allowed in drinking water <- less than MDL mg/L - milligram per liter (ppm) ug/L - microgram per liter (ppb) LSD Interent Address: http://www.cdphe.state.co.us/1r/Irhom.htm APPLICATION TO AMEND WATER LEASE # 070419EastDZta) WEST DIVIDE WATER CONSERVANCY DISTRICT 109 West Fourth Street, P. 0. Box 1478, Rifle, Colorado 81650 1. APPLICANT INFORMATION Name: Donald Ziegler / Peregrine 08 Investments, LLC Mailing address: PO Box 2810 Glenwood Springs. CO 81602 Telephone: 970-379-1280 Authorized agent: Chris Manera/Colorado River Engineering. Inc. 2. COURT CASE #s: Decree Case No. Augmentation Plan Case No. Contract #070419EastDZ(a) Ma p#563 Date Activated 4/19/07 Date Amended 8/28/08 3. USE OF WATER RESIDENTIAL Number of main residences: 3 No. ADU's Subdivision: No. constructed units: No. vacant lots Home garden/lawn irrigation of 43560 total sq. ft. Method of irrigation: flood sprinkler X other Non-commercial animal watering of 6 animals Fire Protection X Evaporation: Maximum water surface to be exposed: Description of any use, other than evaporation, and method of diversion, rate of diversion, and annual amount of diversion of any water withdrawn from the pond: Well Sharing Agreement for nmltiple owner wells must be submitted If greater than two owners, application roust be made under a homeowners association. COMMERCIAL Number of units: Total sq. ft. of commercial units: Description of use: LYDUSTRIAL Description of use: Evaporation: Maximum water surface to be exposed: Description of any use, other than evaporation, and method of diversion, rate of diversion, and annual amount of diversion of any water withdrawn from the pond: MUNICIPAL Description of use: DIRECT PUMPING Tributary: Location: 4. SOURCE OF WATER Structure: Well Structure Name: Ziegler East Well Source: surface storage ground water X Current Permit # n/a (attach copy) 5. LOCATION OF STRUCTURE Garfield SE County Quarter/quarter 5 6S Section Township Distance of well from section lines: 275 from South. 1550 from West SW 92W Range Quarter 6th P. M. Elevation: 5440 Well location address: 31145 Hwy 6 & 24, Silt, Colorado (Attach additional pages for multiple structures) 6. LAND ON WHIM WA I kR WILL BE USED (Legal description may be provided as an attachment.) See attached Number of acres in tract Total 45.4± ac Inclusion into the District, at Applicant's expense, may be required 7. TYPE OF SEWAGE SYSTEM Septic tank/absorption leach field X Central System Other District name: 8. VOLUME OF LEASED WATER NEEDED IN ACRE FEET: 2.54 (minimum of 1 acre foot except augmentation from Alsbury Reservoir where a lesser amount is allowed) Provide ene neering data to support volume of water requested Commercial municipal, and industrial users must provide diversion and consumptive data on a monthly basis. A totalizing flow meter with remote readout is required to be installed and usage reported to West Divide. Applicant expressly acknowledges it has had the opportunity to review the District's form Water Allotment Contract and agrees this application is made pursuant and subject to the terms and conditions contained therein .•1 i Applicant Signature AVC (1,4)A.2i Applicant Signature Application Date: X"-,1 _g72.- e:14)4?' DATE APPROVED: Printed portions of this form, except differentiated additions or deletions, have been approved and adopted by the Wesf�Divide Water Coriser ancy District. Form : WDWCD 01-01-08 AMEND APPLICATION - • Contract #070419EastDZ(a) Map #563 Date Activated 4/19/07 WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT Name of Applicant: Donald Ziegler Quantity of Water in Acre Feet: 1.69 Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of C.R.S. 1973, §37-45-101, et seq., (hereinafter referred to as the "District") for an allotment contract to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this Contract and the attached Application, Applicant hereby agrees to the following terms and conditions: 1. Water Rights: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water, which will be supplemented and augmented by water leased herein. If Applicant intends to divert through a well, it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources. 2. Quantity: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in acre feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow, storage or otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all ofthe terms and conditions of this Contract. The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein provided, Applicant may so notify the District in writing, and the amount of water allotted under this Contract shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and Location of Beneficial Use: Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses: industrial, municipal, domestic and related uses, or commercial (except for commercial use from Alsbury Reservoir and except to the extent that Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract No. 2-07-70- W0547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's control. 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir, Green Mountain Reservoir, Alsbury Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources, and release or delivery of water at such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir or Green Mountain Reservoir shall be subject to the District's lease contracts with the United States Bureau of Reclamation. Releases from other facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby 1 expressly reserves the right to store water ano to make exchange releases from structures that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (October 1), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado Division of Water Resources to estimate any conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case. Water service provided by the District for properties located within the Bluestone and Silt Water Conservancy Districts is provided pursuant to Agreements with said Districts. The Intergovernmental Agreement between the District and the Silt Water Conservancy District, dated January 25, 2001, is recorded as Reception No. 575691, Garfield County Clerk and Recorder's Office. The Intergovernmental Memorandum of Understanding between the District and the Bluestone Water Conservancy District, dated April 26, 2001, is recorded as Reception No. 584840, Garfield County Clerk and Recorder's Office. 5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility ofApplicant. The District reserves the right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated herein, and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted under this Contract. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, theApplicant shall give the District written notice of such intent. Jn the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under Paragraph 19 below. In any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof. 6. Contract Payment: Non-refundable, one time administrative charge, in the amount determined by the Board ofDirectors of the District from time to time, shall be submitted with the application for consideration by the District. Annual payment for the water service described herein shall be determined by the Board of Directors of the District. The initial annual payment shall be made in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the initial payment shall apply and the price which is applicable to that year. 2 Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. If an annual payment is not made by the due date a flat $50 late fee will be assessed. Final written notice prior to cancellation will be sent certified mail, return receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set forth in this Contract or Application. Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. If payment is not made within fifteen (15) days after the date of said written notice, Applicant shall at District's sole option have no further right, title or interest under this Contract without further notice, and delivery may be immediately curtailed. The allotment ofwater, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District. Upon cancellation of this water allotment Contract with the District, the District shall notify the Division of Water Resources offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of all water use. 7. Additional Fees and Costs: Applicant agrees to defray any expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8. Assignment: This Contract shall not inure to the benefit ofthe heirs, successors or assigns of Applicant, without the prior written consent ofthe District's Board of Directors. Any assignment of Applicant's rights under this Contract shall be subject to, and must comply with, such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment Contracts. No assignment shall be recognized by the District except upon completion and filing ofproperforms for assignment and change of ownership. In the event the water allotted pursuant to this Contract is to be used for the benefit of land which is now or will subsequently be subdivided or held in separate ownership, the Applicant may only assign the Applicant's rights hereunder to: 1) No more than three separateowners all of whom shall be party to a well sharing agreement satisfactory to the District; or 2) A homeowners association, water district, water and sanitation district or other special district properly organized and existing under the laws ofthe State of Colorado, and then, only if such parties, association or special district establishes to the satisfaction of the District that it has the ability and authority to perform the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this Contract have any rights hereunder, except as such rights may exist pursuant to a well sharing agreement or through a homeowners association or special district as provided above. Upon the sale ofthe real property to which this Contract pertains, Applicant shall make buyer aware of this Contract and proper forms for assignment and change of ownership must be completed. 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law. 10. Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement" with the District under terms and conditions determined by the board of Directors of the District, if and when, the Board of said District determines in its sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for additional annual monetary 3 consideration for extension of District delivery services and for additional administration, operation, and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant. 11. Change of Use: The District reserves the exclusive right to review, reapprove or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described in the documents submitted to the District at the time this Contract is executed, or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, shall be deemed to be a material breach of this agreement. 13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal fee title interest in or to any water or water rights referred to herein. 14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict actual diversions to not exceed the contract amount, which provides water (on the formula of one acre foot per dwelling) for ordinary household purposes inside one single family dwelling, the watering of domestic livestock, fire protection, and the irrigation of lawn and garden as specified in the Application. Applicant shall also comply with all restrictions and (imitations set forth in the well permit obtained from the Colorado Division of Water Resources. Watering of livestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestock watering, provided that in no event shall actual diversions exceed the amount of water provided by this Contract. Violation of this paragraph 15 shall be deemed to be a material breach of this Contract. 16. Well Permit: If Applicant intends to divert through a well, then Applicant must provide to District a copy ofApplicant's valid well permit before District is obligated to deliver any water hereunder. 17. Measuring Device or Meter: Applicant agrees to provide, at its own expense, a measuring device deemed acceptable by the District's Engineer after consultation, or a totalizing flow meter with remote readout to continuously and accurately measure at all times all water diverted pursuant to the terms of Applicant's water right and the terms of this Contract. Applicant agrees to provide accurate readings from such device or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result in legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. By signing this Contract, Applicant hereby specifically allows District, through its authorized agent, to enter upon Applicant's property during ordinary business hours for the purposes of determining Applicant's actual use of water. 4 18. Representations: By executing this Contract, Applicant agrees that it is not relying on any legal or engineering advice that Applicant may believe has been received from the District. Applicant further acknowledges that it has obtained all necessary legal and engineering advice from Applicant's own sources other than the District. Applicant further acknowledges that the District makes no guarantees, warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this Contract. Should the District be unable to provide the water contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund from the District. 19. Costs of Water Court Filing and Augmentation Plan: Should the District, in its own discretion, choose to include Applicant's Contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceedings. Applicant shall be assessed a pro -rata share of the total cost incurred by the District in preparing, filing and pursuing to decree the water court case. The pro -rata share shall be calculated by dividing such total cost by the number of contractees included in the filing. To the extent thattheDistrict is caused additional costs because of objection filed specifically due to the inclusion of Applicant's Contract in the filing, such additional costs may be charged specifically to Applicant and not shared on a pro -rata basis by all contractees. 20. Binding Agreement: This agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application to Lease Water From West Divide Water Conservancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. Al] correspondence from the District to Applicant referring to or relating to this agreement is by this reference incorporated into this agreement as further terms and conditions of this agreement. 21. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. 22. AREA 13. CONTRACTS: IF APPLICANT'S WELL OR OTTER WATER RIGHT THAT IS THE SUBJECT OF THIS CONTRACT IS LOCATED OUTSIDE "AREA A" AS DESIGNATED BY THE DISTRICT, THEN THIS PARAGRAPH APPLIES: THE AUGMENTATION WATER PROVIDED BY THE DISTRICT UNDER THIS CONTRACT MAY ONLY PROTECT APPLICANT"S WATER RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER SENIOR RIGHT. NO REPRESENTATION OTHERWISE IS MADE BY THE DISTRICT. IF THIS IS A CONCERN TO APPLICANT, THIS CONTRACT MAY BE RESCINDED UPON WRI 1 I TEN NOTICE DELIVERED TO THE DISTRICT BY THE APPLICANT WITHIN THE NEXT 30 DAYS FOLLOWING THE AFFIXING OF SIGNATURES ON THIS CONTRACT IN WHICH EVENT ALL SUMS PAID BY APPLICANT FOR THIS CONTRACT SHALL BE IMMEDIATELY REFUNDED TO APPLICANT. c-4 114-. Applicant 5 Applicant STATE OF tplr?rddo ) ss. COUNTY OF 1-Grc ejt ) The foregoing instrument / 1 AMANDA B. `% DUNN i was acknowledged befo :�<�:,. yam.= is STATE OF COUNTY OF The foregoing instrument AyrionjuiyhEriATAMt seal. My commission expires: H, 42007 diepteA41.4.)J. I., Notary Public day of ,12 tJ , 20 Q7., by ) ss. was acknowledged before me on this day of 20 by . Witness my hand and official seal. My commission expires: Notary Public ORDER After a hearing by the Board of Directors of the West Divide Water Conservancy District on the Application, it is hereby ORDERED that said Application be granted and this Contract shall be and is accepted by the District. WEST DIVIDE WATER CONSERVANCY DISTRICT By Date This Contract includes and t�bject to the terms and conditions of the following documents which must accompany this Contract: 1. Map showing location of point of diversion (use map provided) 2. Application and Data Form fully completed and signed The printed portions of this form, except differentiated additions or deletions, have been approved and adopted by the West Divide Water Conservancy District_ Form #WDWCD 050901 CONTRACT. 6 WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT Name of Applicant: Donald Ziegler Contract #070419WestDZ(a) Map #562 Date Activated 4/l 9/07 Quantity of Water in Acre Feet: 0.85 Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of C.R.S. 1973, §37-45-101, et seq., (hereinafter referred to as the "District") for an allotment contract to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this Contract and the attached Application, Applicant hereby agrees to the following terms and conditions: 1. Water Rights: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water, which will be supplemented and augmented by water leased herein. If Applicant intends to divert through a well, it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources. 2. Quantity: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in acre feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow. storage or otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terms and conditions of this Contract. The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein provided, Applicant may so notify the District in writing, and the amount of water allotted under this Contract shall be reduced permanently in accordance with. such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and Location ofBeneficial Use: Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses: industrial, municipal, domestic and related uses, or commercial (except for commercial use from AisburyReservoir and except to the extent that Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract No.2-07-70- W0547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's control. 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir, Green Mountain Reservoir, Alsbury Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources, and release or delivery ofwater at such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir or Green Mountain Reservoir shall be subject to the District's lease contracts with the United States Bureau of Reclamation. Releases from other facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furtherrrmore, the District hereby 1 expressly reserves the right to store water o make exchange releases from structures that ma} oui It or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (October ] ), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point ofdiversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado Division of Water Resources to estimate any conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case. Water service provided by the District for properties located within the Bluestone and Silt Water Conservancy Districts is provided pursuant to Agreements with said Districts. The Intergovernmental Agreement between the District and the Silt Water Conservancy District. dated January 25, 2001, is recorded as Reception No. 575691, Garfield County Clerk and Recorder's Office. The Intergovernmental Memorandum of Understanding between the District and the Bluestone Water Conservancy District, dated April 26, 200], is recorded as Reception No. 584840,Garfield County Clerk and Recorder's Office. 5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant. The District reserves the right to review and approve any conditions \+'hich may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated herein, and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted under this Contract. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under Paragraph 19 below. In any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof. 6. Contract Payment: Non-refundable, one time administrative charge, in the amount determined by the Board ofDirectors of the District from time to time, shall be submitted with the application for consideration by the District. Annual payment for the water service described herein shall be determined by the Board of Directors of the District. The initial annual payment shall be made in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the initial payment shall apply and the price which is applicable to that year. 2 Annual payments for' , year thereafter shall be due and payable by the Al,r,tcant on or before each January 1. Ifan annual payment is not made by the due date a flat $50 late fee will be assessed. Final written notice prior to cancellation will be sent certified mail, return receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set forth in this Contract or Application. Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. If payment is not made within fifteen (1 5) days after the date of said written notice, Applicant shall at District's sole option have no further right, title or interest under this Contract without further notice, and delivery may be immediately curtailed. The allotment ofwater, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District. Upon cancellation of this water allotment Contract with the District. the District shall notify the Division of Water Resources offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of all water use. 7. Additional Fees and Costs: Applicant agrees to defray any expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8. Assignment: This Contract shall not inure to the benefit of the heirs, successors or assigns of Applicant, without the prior written consent of the District's Board of Directors. Any assignment of Applicant's rights under this Contract shall be subject to, and must comply with, such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applyingto the District for individual and separate allotment Contracts. No assignment shall be recognized by the District except upon completion and filing ofproper forms for assignment and change of ownership. In the event the water allotted pursuant to this Contract is to be used for the benefit of land which is now or will subsequently be subdivided or held in separate ownership, the Applicant may only assign the Applicant's rights hereunder to: 1) No more thanthreeseparate owners all of whom shall be party to a well sharing agreement satisfactory to the District; or 2) A homeowners association, water district, water and sanitation district or other special district properly organized and existing under the laws of the State of Colorado, and then, only if such parties, association or special district establishes to the satisfaction of the District that it has the ability and authority to perform the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this Contract have any rights hereunder, except as such rights may exist pursuant to a well sharing agreement or through a homeowners association or special district asprovided above. Upon the sale of the real property to which this Contract pertains. Applicant shall make buyer aware of this Contract and proper forms for assignment and change of ownership must be completed. 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law. 10. Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement' with the District under terms and conditions determined by the board of Directors of the District, if and when, the Board of said District determinesits sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for additional annual monetary 3 consideration for extension of District deli j services and for additional administration, operat,...., and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant. 11. Change of Use: The District reserves the exclusive right to review, reapprove or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described in the documents submitted to the District at the time this Contract is executed, or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, shall be deemed to be a material breach of this agreement. 13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal fee title interest in or to any water or water rights referred to herein. 14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict actual diversions to not exceed the contract amount, which provides water (on the formula of one acre foot per dwelling) for ordinary household purposes inside one single family dwelling, the watering of domestic livestock. fire protection, and the irrigation of lawn and garden as specified in the Application. Water Resources. Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Watering of livestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestock watering, provided that in no event shall actual diversions exceed the amount of water provided by this Contract. Violation of this paragraph 15 shall be deemed to be a material breach of this Contract. 16. Well Permit: If Applicant intends to divert through a well, then Applicant must provide to District a copy ofApplicant's valid well permit before District is obligated to deliver any water hereunder. 17. Measuring Device or Meter: Applicant agrees to provide, at its own expense, a measuring device deemed acceptable by the District's Engineer after consultation, or a totalizing flow meter with remote readout to continuously and accurately measure at all times all water diverted pursuant to the terms of Applicant's water right and the terms of this Contract. Applicant agrees to provide accurate readings from such device or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result in legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. By signing this Contract, Applicant hereby specifically allows District, through its authorized agent, to enter upon Applicant's property during ordinary business hours for the purposes of determining Applicant's actual use of water. 4 18. Representa _ By executing this Contract, Applicant agrees the . is not relying on any legal or engineering advice that Applicant may believe has been received from the District. Applicant further acknowledges that it has obtained all necessary legal and engineering advice from Applicant's own sources other than the District. Applicant further acknowledges that the District makes no guarantees; warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this Contract. Should the District be unable to provide the water contracted for herein. no damages may be assessed against the District, nor may Applicant obtain a refund from the District. 19. Costs of Water Court Filing and Augmentation Plan: Should the District, in its own discretion, choose to include Applicant's Contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceedings. Applicant shall he assessed a pro -rata share of the total cost incurred by the District in preparing, filing and pursuing to decree the water court case. The pro -rata share shall be calculated by dividing such total cost by the number of contractees included in the filing. To the extent that the District is caused additional costs because of objection filed specifically due to the inclusion of Applicant's Contract in the filing. such additional costs may be charged specifically to Applicant and not shared on a pro -rata basis by all contractees. 20. Binding Agreement: This agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application to Lease Water From West Divide Water Conservancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. All correspondence from the District to Applicant referring to or relating to this agreement is by this reference incorporated into this agreement as further terms and conditions of this agreement. 21. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF TIID WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. 22. AREA B. CONTRACTS: IF APPLICANTS WELL OR OTHER WATER RIGHT THAT ]S THE SUBJECTOF THIS CONTRACT IS LOCATED OUTSIDE "AREA A" AS DESIGNATED BY THE DISTRICT, THEN THIS PARAGRAPH APPLIES: THE AUGMENTATION WATER PROVIDED BY THE DISTRICT UNDER THIS CONTRACT MAY ONLY PROTECT APPLICANT"S WATER RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER SENIOR RIGHT. NO REPRESENTATION OTHERWISE IS MADE BY THE DISTRICT. IF THIS IS A CONCERN TO APPLICANT, THIS CONTRACT MAY BE RESCINDED UPON WRITTEN NOTICE DELIVERED TO THE DISTRICT BY THE APPLICANT WITHIN THE NEXT 30 DAYS FOLLOWING THE AFFIXING OF SIGNATURES ON THIS CONTRACT IN WHICH EVENT ALL SUMS PAID BY APPLICANT FOR THIS CONTRACT SHALL BE IMMEDIATELY REFUNDED TO APPLICANT. Applicant 5 Applicant STATE OF___6- T r'(a ) ,j;•_ :„61tr % AMANDA B. t >< c COUNTY OF ' "' [3Ufi�td •t # The foregoing instrument '' :Aft. '„�was acknowledged befo\i ra r' if e eh/'/.s ��?�ir'P� �.��„__— �? day of �,�ptli 20 6� , by • Yjl '•'�• •leal. Mycommissio3nexpires: E 1 `^�' r4t,Pt ,.0. ,(i ttl4lLd Notary Public STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowdodged before me on this day of 20 by . Witness my hand and official seal. My commission expires: -� Notary Public ORDER After a hearing by the Board of Directors of the West Divide Water Conservancy District on the Application. it is hereby ORDERED that said Application be granted and this Contract shall be and is accepted by the District. WEST DIVIDE WATER CONSERVANCY DISTRICT By President Date This Contract includes and is subject to the terms and conditions of the following documents which must accompany this Contract: 1. Map showing location of point of diversion (use map provided) 2. Application and Data Form fully completed and signed Form #WDWCD 05090] CONTRACT. The printed portions of this form, except differentiated additions er deletions, have been approved and adopted by the West Divide Water Conservancy District. 6 DECLARATION OF PROTECTIVE COVENANTS ZIEGLER SUBDIVISION EXEMPTION S DECLARATION OF PROTECTIVE COVENANTS FOR THE ZIEGLER SUB ! ISION EXEMPTION is made and entered into this day of 20 , by Peregrine 08 Investments LLC, a Colorado limited liability company, whose address is 0092 County Road 227, Rifle, Colorado 81650. ARTICLE I PURPOSE OF COVENANTS IP This Declaration o rotective Covenants ("Declaration") shall govern and be applicable to that certain real pr • . erty situated in Garfield County, Colorado, known as the Ziegler Subdivision Exempti • ("Subdivision") consisting of four (4) lots ("Lots") as defined and described in the gler Subdivision Exemption Plat ("Final Plat") heretofore recorded on , 20�:, as Reception No. in the Office of the Clerk and Recorder of Garfield County, Colorado. It is the purpose of this Declaration to create rules and a decision making process to strengthen the community, to preserve the present natural beauty, character and views of the Subdivision to the greatest extent reasonably possible, and to always protect the Lots as much as possible with respect to uses, structures, landscaping and general development. This Declaration shall be a burden upon and run with all the lands within the Subdivision. ARTICLE II OWNERS - HOMEOWNERS ASSOCIATION A. Membership . All persons or other entities (including without limitation the Declarant) who own or acquire all or part of the fee simple title to any of the Lots by whatever means acquired shall be referred to herein as "Owners". Each person or entity who is the Owner of a respective Lot, or if more than one, all persons and entities collectively who are the Owners of a respective Lot shall automatically be considered to have, for each such Lot owned, one membership interest in the Ziegler Subdivision Home Owners Association ("Association"), a Colorado non-profit corporation, in accordance with the Articles of Incorporation of the Association, which have been filed with the Colorado Secretary of State, as the same may be duly amended from time to time and also filed with the Colorado Secretary of State. Each Owner and Member shall be entitled to the privileges and obligations enumerated in this Declaration and in the Articles of Incorporation and the Bylaws of the Association, as the same now exist or as they may be amended from time to time. B. Purpose . The Association shall be authorized and empowered to take each and every step necessary or convenient for the implementation and enforcement of this Declaration. The Association shall have the right and responsibility to maintain, preserve, repair and otherwise protect and promote the interests of the Owners with respect to all common properties and interests of the Owners and the Association. The Association shall maintain, repair, regulate and keep all roads and easements within the Subdivision including any such roads dedicated to the County of Garfield, Colorado in good, safe and usable condition to the extent that such may Q:\Z\Ziegler, Don\Subdivision Exemption\DECLARATION OF PROTECTIVE COVENANTS Draft #1.doc EXHIBIT A-6 be reasonably necessary, feasible and desirable. The Association may enter into agreements with third parties for the performance of the responsibilities of the Association above described. All costs and expenses incurred by the Association in connection with any of the foregoing shall be borne by the Members and shall be assessed, all as more fully provided herein. ARTICLE III . PERMITTED USES A. Primary Dwelling Units. Only one (1) single-family dwelling unit shall be permitted to be constructed on each Lot. The minimum size of a single-family dwelling shall be two thousand (2,500) square feet, exclusive of basements, open porches, decks, carports and garages. The maximum size of any single-family dwelling shall be nine thousand (9,000) square feet, exclusive of basements, open porches, decks, carports and garages. B. Outbuildings. Outbuildings including but not limited to, greenhouses, tool sheds, work areas, and the like, are permitted on all Lots within the Subdivision; provided however, that each garage shall be attached to a primary dwelling unit. The gross floor area of any single Outbuilding shall not exceed one thousand two hundred (1,200) square feet, and the total gross floor area of all Outbuildings on any single Lot shall not exceed two thousand two hundred (2,200) square feet. No such Outbuilding shall exceed eighteen (18) feet in height at the ridgeline. D. Agricultural Uses. The raising and harvesting of crops, gardening, greenhouse, nursery and orchard uses and activities shall be permitted within the Subdivision; provided however, that any and all such agricultural uses and activities shall remain subject to all other applicable provisions and restrictions of this Declaration, including but not limited to those contained within Article V, Sections F and G governing the stabling, boarding and keeping of animals and Article V Section H governing commercial uses. E. Other Uses. The following identified Other Uses shall be permitted within the Subdivision only upon the approval of the same by the Board of County Commissioners for Garfield County, Colorado pursuant to the applicable provisions of the Garfield County Zoning Regulations: 1. Arts and crafts studio 2. Home occupation ARTICLE IV. ARCHITECTURAL COMMITTEE A. Architectural Committee. So long as the Declarant owns a Lot within the subdivision, Declarant may from time to time, appoint and remove the members of the Q:\Z\Ziegler, Don\Subdivision Exemption\DECLARATION OF PROTECTIVE COVENANTS Draft # 1.doc -2- Architectural Committee in Declarant's sole discretion, and the Board of Directors of the Association (the "Board of Directors") shall have no authority to remove any member so appointed. Upon the sale of the last Lot owned by the Declarant, any new members of the Architectural Committee shall be appointed by the Board of Directors of the Association. The persons serving on the Architectural Committee shall serve at the pleasure of the Board of Directors who may remove a member of the Architectural Committee and appoint a new member at any time, provided there shall at all times be three (3) persons serving on the Architectural Committee. The members of the Architectural Committee may also be directors of the Association and need not be Owners. The Architectural Committee shall have and exercise all the powers, duties and responsibilities set out in this instrument. The Architectural Committee shall not be obligated to have regular meetings, but shall meet as necessary to conduct the business of the Committee. All members of the Committee shall be provided at least ten (10) days advance notice of all Committee meetings. B. Approval by Architectural Committee. No improvements of any kind, including, but not limited to, dwelling units, greenhouses, garages, tool sheds, work areas, fences, walls, driveways, towers, antennae, satellite dishes, kennels, exterior lighting, corrals, flagpoles, curbs and walks shall be constructed, erected, altered or permitted to remain within the Subdivision unless the complete architectural and site development plans and specifications (and such other items as are included in the "Plans" defined below) for such construction or alteration are approved by the Architectural Committee prior to the commencement of such work, except as Declarant may be specifically permitted to do by this Declaration or required to do by any subdivision improvements agreement between the Declarant and Garfield County. Re - vegetation of all in -fills and cuts will be required. At least three (3) complete sets of the architectural and site development plans and specifications (collectively "Plans") shall be submitted to the Architectural Committee. All copies of the Plans shall be signed and dated for identification by the Owner or his architect. The Architectural Committee shall have the right to request whatever additional specification information, plans, specifications, reports and the like it deems necessary to evaluate the development proposal throughout the approval and construction process. In addition, the Architectural Committee may adopt rules and regulations which shall specify additional information, reports, plans, specifications and the like required to be submitted to the Architectural Committee and to be deemed part of the Plans for all purposes hereunder. In the event the Architectural Committee fails to take any action within thirty (30) days after three (3) copies of the Plans have been submitted to it and the submittal has been certified in writing by the Architectural Committee as complete, then all of such submitted architectural plans shall be deemed to be approved. The Architectural Committee shall not unreasonably disapprove any Plans. The majority vote of the full number of members of the Architectural Committee then in office shall be required for any approvals described herein. C. Improvements — Site Location. All structures or improvements shall be constructed within the approved building envelopes depicted on the Final Plat. Q:\Z\Ziegler, Don\Subdivision Exemption\DECLARATION OF PROTECTIVE COVENANTS Draft # 1.doc -3- D. Building Permit. An Owner may apply for a building permit from the Garfield County Building department at any time; provided, however, that the Plans approved by the Building Department shall not differ in any substantial way from the Plans approved by the Architectural Committee. If the plans approved by the Building Department differ in any substantial way as determined by the Architectural Committee, then all approvals of the Architectural Committee shall be deemed automatically revoked. E. Variances. Unless specifically prohibited by a provision of this Declaration, the Architectural Committee may, by an affirmative vote of a majority of the full numbers of members of the Architectural Committee then in office, allow reasonable variances as to any of the covenants and restrictions governing architectural control contained in this Declaration and/or policies or rules promulgated by the Architectural Committee, on such terms and conditions as it shall require. No variance shall be granted which contravenes any provision of this Declaration which was required by an approval obtained by Declarant from Garfield County for the Subdivision or which violates the Garfield County Land Use and Building Codes. No variance shall be granted without written notice of the request for such variance provided ten (10) days prior to the hearing for said variance to all Owners. Notice to such Owners shall be deemed effective when placed in the United States mail, first-class postage prepaid, certified with return receipt requested, and addressed to the last known address for each Owner as provided to the Association. F. General Requirements. The Architectural Committee shall exercise its best judgment to see that all improvements and alterations within the Subdivision harmonize (to the greatest extent possible) with the natural surroundings within the Subdivision and with other structures and improvements within the Subdivision as to design, materials, color, siting, height, grade, finished ground elevation of neighboring lots, established drainage and other design features. 1. Materials. The Architectural Committee shall evaluate, among other things, the materials and colors to be used on the outside of buildings or structures, and the harmony of finished grade and floor elevation with the natural surroundings contained within the Subdivision. 2. Site Location. The Architectural Committee shall exercise its judgment to preserve the natural characteristics of each Lot including trees, vegetation, and the natural setting of each building site. The Architectural Committee shall evaluate the relationship of any proposed structure or improvement to topography, the view sheds of and relationships to other existing or potential structures and improvements in the Subdivision. G. Preliminary Approvals. Owners who anticipate constructing or modifying structures or improvements on a Lot may submit preliminary sketches or plans therof to the Architectural Committee for informal and preliminary approval or disapproval. All preliminary sketches should be submitted in at least three (3) sets and should contain sufficient general information on those matters required to be in the complete Plans to allow the Architectural Q:\Z\Ziegler, Don\Subdivision Exemption\DECLARATION OF PROTECTIVE COVENANTS Draft # 1.doc -4- Committee to act intelligently in giving an informed preliminary approval or disapproval. The Architectural Committee shall never be committed or bound by any preliminary or informal approval or disapproval. The preliminary approval process is offered as an accommodation only, and the Architectural Committee may set fees for this service. H. Architectural and Site Development Plans. The Architectural Committee shall disapprove any Plans submitted to it which do not contain sufficient information for it to exercise the judgment required of it by this Declaration. I. Architectural Committee Not Liable. Neither the Architectural Committee nor any member thereof shall be liable for damages to any person or entity submitting any Plans for approval, or to any Owner or Owners, by reason of any action, failure to act, approval, disapproval or failure to approve or disapprove with regard to such Plans. Neither the Architectural Committee nor any member thereof shall have any liability or responsibility for any representations made to any Owner or prospective Owner by any third parties. The decisions of the Architectural Committee shall be governed by this Declaration and any rules or regulations duly adopted by the Architectural Committee pursuant to this Declaration. J. Written Records. The Architectural Committee shall keep and safeguard for at least five (5) years complete permanent written records of all approved applications, including one (1) set of the finally approved Plans, and of all actions of approval or disapproval and all other formal actions taken by it under the provisions of this Declaration. K. Authority to Promulgate Rules and Regulations. The Architectural Committee may promulgate and adopt rules and regulations necessary to implement this Declaration. These rules and regulations may include submission requirements concerning the type of information, reports, plans and specifications, and other information necessary to make an informed decision regarding requests for development, alterations and the like. ARTICLE V . RESTRICTIONS AND PROTECTIVE COVENANTS A. No Further Subdivision. No Lot shall ever be further subdivided into smaller lots or conveyed or encumbered in less than the full dimensions as shown on the recorded Final Plat; provided however, that conveyances or dedications or easements, if approved by the Architectural Committee, may be made for less than the full dimensions of a Lot. Notwithstanding the foregoing, a lot line adjustment between two (2) Lots shall be allowed, subject, however, to any reviews or approvals that may be required by the Garfield County Land Use Code and the prior approval of the Architectural Committee. B. Duplexes/Multi-Family Structures. Duplexes and multi -family structures are prohibited in the Subdivision. Q:\Z\Ziegler, Don\Subdivision Exemption\DECLARATION OF PROTECTIVE COVENANTS Draft #1.doc - 5 - C. Fencing. Fencing shall be restricted throughout the Subdivision to facilitate wildlife movements, optimize habitat availability, and reduce wildlife mortality. If peripheral fencing of a Lot is required to restrict domestic livestock grazing on adjacent properties, fencing shall employ a natural color. Wood rail fencing which is used it shall not exceed forty-two (42) inches in height and twelve (12) inches in width (top view), and an opening in the lower one-half ('/2) of at least sixteen (16) inches to allow passage of deer fawns and elk calves. 1. Owners shall be permitted a privacy fence, exceeding forty-two (42) inches in height with no openings, to enclose up to two thousand five hundred (2,500) square feet, providing it is immediately adjacent to the residential unit and is contained entirely within the respective Lot's building envelope. 2. If security fencing is required such fencing shall not be more than seven (7) feet in height and must be so constructed that wildlife movement between and through the Subdivision and the Lots is not lost or impaired. D. Lighting. All exterior lighting shall be directed downward and towards the applicant's property. The Architectural Committee will also recommend that all Owners make every effort possible to limit the use of exterior lighting at night and shall encourage Owners to build in such a fashion that all light sources not be directly visible from outside of the Owners' respective Lot. The intent behind these considerations is to preserve the rural character of the Subdivision by limiting exterior lighting as much as possible while maintaining a safe atmosphere. E. Domestic Animals. Except as expressly limited herein, domestic animals such as dogs, cats, rabbits, caged birds and fish shall be permitted subject to any rules and regulations, which may be promulgated by the Board of Directors. Owners shall be entitled to keep dogs on their property pursuant to the following restrictions and limitations and subject to any additional rules and regulations which may be promulgated by the Association: 1. In conformance with the Garfield County Subdivision Regulations, no more than one dog, excluding puppies under the age of fifteen (15) weeks, shall be kept by any Owner at any time upon any one (1) Lot; provided however, that in the event that Garfield County amends the above identified Subdivision Design Standard to allow the keeping of more than one (1) dog per Lot, this provision shall automatically be amended to incorporate said increase. 2. Dogs shall be kept under the control of their Owners at all times and shall not be permitted to fun free or to cause a nuisance in the Property. No dogs shall be allowed beyond the boundaries of the Lot owned by the person(s) where the dog is housed unless leashed and accompanied by a person in full control of such dog. Q:\Z\Ziegler, Don\Subdivision Exemption\DECLARATION OF PROTECTIVE COVENANTS Draft #1.doc -6- 3. Dogs shall not be allowed to bark continuously, which shall be defined as barking for a continuous fifteen (15) minute period, including successive barks or a series of barks which repeat or resume following a brief or temporary cessation. 4. When not accompanied by a person, all dogs shall be leashed, chained, "electric fenced," or kenneled. The location of kennels shall be subject to review of the Architectural Committee. 5. All dogs shall be kept reasonably clean, and all Lots shall be free of refuse and animal waste. 6. Should any dog chase or molest deer, elk or any domestic animals or persons, or destroy or disturb property of another, the Association shall be authorized to prohibit the Owner or any tenant, invitee, event, guest or other user of a Lot from continuing to maintain the offending animal on his property and may take any action necessary to remove the offending animal from the Subdivision. The offending dog owner shall be provided written notice of such action at least two (2) days before removal occurs. Within such two (2) day period, the offending dog shall be kenneled at a licensed kennel. All charges associated with action taken by the Association may be assessed against either the Owner and/or the dog owner, or both, at the Association's sole option. 7. Notwithstanding the foregoing, no animal may be kept upon a Lot which, in the sole discretion and judgment of the Executive Board results in any annoyance or is obnoxious to other Owners within the Subdivision. F. Horses. The open pasturing of horses shall be permitted within the Subdivision; however, no more than (2) horses may be kept on any (1) Lot. G. Ranch and Farm Animals. Ranch or farm animals including but not limited to, cattle, llamas, goats, pigs, and sheep shall be permitted within the Subdivision for the purpose of allowing the participation by Lot Owners and the members of their families in 4-H, Future Farmers of America or such other similar programs only. All such ranch or farm animals shall be at all times properly penned or corralled within the respective Lot Owner's Lot and shall not in any event be allowed to remain within the Subdivision for a time period greater than one (1) year. H. Underground Utility Lines. All water, sewer, gas, electrical, telephone, cable television and other utility pipes or lines within the limits of Subdivision shall be buried underground and not be carried on overhead poles or above the surface of the ground. Any areas of natural vegetation or terrain in the Subdivision disturbed by the burying of utility lines shall be re -vegetated by and at the expense of the respective Owners causing the installation of the utilities no later than the next growing season following installation. I. Service Yards and Trash. Equipment, service yards or storage piles on any Lots shall be permitted during the time periods during which construction activities are ongoing. Otherwise, no lumber, metals, equipment or bulk materials shall be kept, stored or allowed to accumulate outside on any Lot unless the same are appropriately screened from the views of Q:\Z\Ziegler, Don\Subdivision Exemption\DECLARATION OF PROTECTIVE COVENANTS Draft # 1.doc -7- other Lot Owners. All scraps, refuse and trash shall be removed from all Lots, shall not be allowed to accumulate and shall not be burned thereon. J. No Mining, Drilling or Quarrying. Mining, quarrying, tunneling, excavating or drilling for any other substances within the earth, including oil, gas, minerals, gravel, sand, rock and earth, shall not be permitted within the limits of the Subdivision. K. K. Domestic Water Wells. Domestic water service for Lots 2, 3 and 4 shall be provided by that water well permitted under Well Permit No. 67672-F as that well is augmented under West Divide Water Allotment Contract No. 070419EastDZ(a), which Well Permit and Water Allotment Contract shall be assigned by the Declarant to the Association within thirty (30) days from the date of the filing of this Declaration in the records of the Clerk and Recorder for Garfield County, Colorado. At all times each Owner and the Association shall abide by and comply with the terms, conditions and provisions contained within the Well Permit and Water Allotment Contract. By execution hereof the Association is granted the authority and imposed the obligation to accept said assignment of the Well Permit and Water Allotment Contract. The Association shall be responsible for the maintenance, operation, repair and replacement of the Water Well, including all water lines, pumps and appurtenant facilities, and for the timely payment of all fees, charges and assessments imposed by the West Divide Water Conservancy District under the Water Allotment Contract. All such expenses, fees, charges and assessments shall constitute an Assessment(s) as defined under Article VII, Infra., as against Lots 2, 3 and 4 and the Association, as to all such Assessments shall be conferred all the rights, powers and duties set forth within saidticle VII. All such Assessments shall be levied against Lots 2, 3 and 4, pro rata. The Association instant to t e performance of its duties and responsibilities hereinabove stated shall be entitled to access all areas and properties encompassed within the Water Well and Pipeline Easement more fully described within the Final Plat. In the event the Association should fail to perform any of the duties hereinabove set forth, the Owners, individually or collectively shall have the authority, following the provision of timely notice to the Association, to perform or have performed said duties in the place and stead of the Association. In the event of a health hazard or cessation of service, "timely notice" as set forth hereinabove shall be deemed to constitute no more than twenty-four (24) hour advance oral notice. All costs incurred by said Owner or Owners shall be reimbursed thereto by the Association pursuant to the Assessment procedures set forth within Article VII. Domestic water service to Lot 1 shall be provided by that water well permitted under Well Permit No. as augmented under West Divide Water Allotment Contract No. ; which Well Permit and Water Allotment Contract shall be assigned by the Declarant to the Owner upon the sale or transfer of Lot 1 by the Declarant. At all times thereafter, the Owner of Lot 1, individually, shall be responsible for the operation, maintenance, repair and replacement of the Water Well, including all water lines, pumps and appurtenant facilities, and all fees, charges and assessments imposed by the West Divide Water Conservancy District under the Water Allotment Contract. Q:\Z\Ziegler, Don\Subdivision Exemption\DECLARATION OF PROTECTIVE COVENANTS Draft #I.doc -8- L. Primary Access. Primary access to the Subdivision from State Highway 6&24 is along the private driveway dedicated to the association under the Final Plat. The costs of maintaining the said private driveway shall be borne exclusively by the Association in accordance with the provisions of this Declaration. M. Hunting. Hunting shall be prohibited within the Subdivision. In the event of conflict with wildlife on a Lot, the Owner shall contact the Colorado Division of Wildlife to determine appropriate measures to mitigate the conflict. Wildlife which constitutes a nuisance may only be removed or destroyed upon the approval of the Association and only in a manner approved by the Colorado Division of Wildlife. N. Trash Containers. All trash or garbage shall be contained within containers certified as bear -proof by the North American Bear Society, the National Park Service or the Colorado Division of Wildlife; provided however, that a Lot Owner may use trash or garbage containers which do not meet the certifications above described so long as: 1. Said container(s) is placed outside no earlier than the morning of the scheduled day of for trash collection by the Owner's waste service provider; and 2. Said container(s) is returned to the dwelling structure on the same day of collection by the Owner's waste service provider. O. Damage Waiver. The Association and the Lot Owners hereby waive and shall hold the Colorado Division of Wildlife harmless from any and all claims for damages to landscaping improvements or ornamental plants located within the subdivision resulting from the activities of big game (deer and/or elk). P. Remgval of Carcasses. The Association and Owners shall be responsible for the removal and proper disposal of all animal carcasses located within the Subdivision. Q. Penalties/Wildlife Restrictions. The Association shall assess and enforce penalties against Lot Owners violating any of the wildlife restrictions set forth in this Article V. as follows: One Hundred Dollars ($100.00) for the first violation committed by the Lot Owner; Two Hundred Dollars ($200.00) for the second violation: Three Hundred Dollars ($300.00) for the third violation: and for each succeeding violation the fine shall increase in One Hundred Dollar ($100.00) increments. The dollar amounts of the fines may be changed upon the approval of the Association. ARTICLE VI . RESTRICTIONS ON LOTS A. Number and Location of Buildings. No buildings or improvements of any kind shall be placed, erected, altered or permitted to remain on any Lots except as approved by the Architectural Committee. B. Completion of Construction. Any construction activity on any Lot shall be completed and fully cleaned up within eighteen (18) months from the issuance of a building Q:\Z\Ziegler, Don\Subdivision Exemption\DECLARATION OF PROTECTIVE COVENANTS Draft # I.doc -9- permit, unless the Owner of the Lot shall first obtain a variance from the Architectural Committee to allow for a longer period of construction upon proof of due diligence. In the event a variance is not secured and eighteen (18) months from issuance of a building permit has passed, the Board of Directors may assess penalties in the amount of $100.00 per day. Owners shall obtain all required certification of acceptance for residential dwelling within eighteen (18) months of the issuance of building permits unless a variance extending such time period is issued by the Architectural Control Committee. C. Used or Temporary Structures. Except within an enclosed garage, no used or previously erected or temporary house, structure, mobile home, manufactured home, or trailer shall be located within the Subdivision. The foregoing prohibition shall not apply to construction trailers which shall be permitted for eighteen (18) months from the date of commencement of construction or until the issuance of a Certificate of Occupancy, whichever first occurs; provided, however, construction trailers may only be used for construction, office and storage purposes and shall not be occupied as a residence for any period of time. D. Enclosure of Unsightly Facilities and Equipment. All unsightly structures, facilities, equipment and other items, including, but not limited to, those specified below, shall be enclosed within a solid structure sufficient to screen such things from view from the common roads and neighboring homes to the greatest extent possible. Any motor home, trailer, camper, recreational vehicle, boat, truck, tractor, motorcycle, all terrain vehicle, snow removal or garden equipment and any similar items shall be kept at all times, except when in actual use, in an enclosed garage. Any propane or other fuel storage tanks shall be appropriately screwed on, in accordance with all applicable governmental rules and regulations. Any storage piles, refuse or trash containers, utility meters or other facilities, shall be enclosed within a structure or appropriately screened from view by plantings or fencing approved by the Architectural Committee and adequate to conceal the same from neighbors, streets and private roads. E. Noxious or Offensive Activity or Sounds. No noxious or offensive activity or sounds shall be carried on upon any portion of the Subdivision at any time, nor shall anything be done or permitted which may be or become a nuisance to other property or to the Owners thereby sight or sound, provided that the Board of Directors may authorize the use of sound and sound devices to control or manage wildlife, livestock or domestic animals. F. Air Quality Restrictions. In order to protect against the degradation which occurs to air quality as a result of the utilization of wood -burning devices, the following restrictions apply: 1. No open-hearth solid fuel fireplaces will be allowed anywhere within the Subdivision. 2. All dwelling units within the Subdivision will be allowed an unrestricted number of natural gas burning fireplaces or appliances. 3. All dwelling units within the Subdivision will be allowed one (1) new wood - burning stove as defined by Colorado Revised Statutes 25-7-401 et seq., and the regulations promulgated thereunder. Q:\Z\Ziegler, Don\Subdivision Exemption\DECLARATION OF PROTECTIVE COVENANTS Draft # 1.doc - 10 - G. Firearms. The discharge or shooting of firearms is prohibited in the Subdivision except as may be permitted by rules and regulations adopted by the Board of Directors. H. Commercial Activities. Neither the conduct of any commercial activities nor the storage of materials, goods, equipment and other items used or associated with commercial activities shall be permitted on any Lot; provided, however, that personal vehicles with a business name placed thereon shall not be prohibited and Owners shall be permitted to maintain an office on their respective Lots so long as services are not provided which result in the public coming to such Lot on a regular basis. Home occupation shall be allowed within a Lot so long as the respective Owner thereof obtains all required Conditional Use permit approvals from Garfield County, Colorado. I. General Restriction. All Lots shall comply with restrictions contained in any other section of this Declaration. The Board of Directors may adopt, promulgate and enforce rules, regulations necessary or advisable to implement or interpret the provisions of this Declaration. ARTICLE VII. COLLECTION OF ASSESSMENTS — ENFORCEMENT A. Assessments. All Owners shall be obligated to pay any assessments lawfully imposed by the Board of Directors. To the extent the Association is responsible therefor, assessments may be lawfully imposed for any items of common expense which may include, among other things: expenses and costs of maintaining, repairing and plowing of roads within and accessing the Subdivision, expenses of the Architectural Committee; insurance, accounting and legal functions of the Association and all costs incurred by the Association pursuant to Article V, Section K. The Board of Directors may establish contingency and reserve funds necessary to satisfy the maintenance of the Association's obligations and to fund any other anticipated costs and expenses of the Association to be incurred in pursuit of its purposes. Contingency and reserve funds shall be in such an amount as the Board of Directors may deem necessary and appropriate for the aforesaid purposes. Each Owner shall be required to pay his pro -rata portion of these funds. As used herein, an Owner's pro -rata portion of common expenses shall mean a fraction formed by the number of Lots purchased and held by the Owner (numerator) and the number of Lots in the Subdivision (denominator). The Board of Directors shall have the right during any calendar year to levy and assess against all of the Owners a special assessment for such purposes or purposes, in accordance with this Declaration, the Articles or the Bylaws of the Association, as may be necessary or advisable. Such special assessment shall be paid for by the Owner(s) obligated to pay such assessment and shall be due and payable as determined by the Board of Directors. B. Lien for Nonpayment of Assessments. All sums assessed by the Board of Directors, any fines which may be levied on an Owner, and unpaid utility fees and assessments charged to an Owner, shall constitute a lien against such Lot superior (prior) to all other liens and encumbrances, excepting only: Q:\Z\Ziegler, Don\Subdivision Exemption\DECLARATION OF PROTECTIVE COVENANTS Draft # 1.doc - 11 - 1. Tax and special assessment liens on the Lots in favor of any governmental assessing unit; and 2. All sums unpaid on a first mortgage of record, including any unpaid obligatory sums as may be provided by encumbrance. Each Owner hereby agrees that the Association's lien on a Lot for assessments as herein above described shall be superior to the homestead exemption provided by Colorado Revised Statutes §38-410-201, et seq., and each Owner hereby agrees that the acceptance of the deed or other instrument of conveyance in regard to any Lot shall signify such grantee's waiver of the homestead right granted in said section of the Colorado statutes. Any recorded lien for non-payment of the common expenses may be released by recording a release of lien executed by a member of the Board of Directors. If any assessment shall remain unpaid after thirty (30) days after the due date thereof, such unpaid sums shall bear interest from and after the due date thereof at the maximum rate of interest permitted by law, or at such rate as is determined by the Board of Directors, and the Board of Directors may impose a late charge on such defaulting Owner as may be established by the Board of Directors. In addition, the Board of Directors shall be entitled to collect reasonable attorneys' fees incurred in connection with any demands for payment and/or collection of delinquent assessments. To evidence such lien, the Board of Directors shall prepare a written notice setting forth the amount of such unpaid indebtedness, the name of the of the Lot and its legal description. Such a notice shall be signed by one (1) member of the Board of Directors and shall be recorded in the Office of the Clerk and Recorder of the County of Garfield, Colorado. Such lien may be enforced by foreclosure of the defaulting Owner's Lot by the Association in like manner as a mortgage on real property upon the recording of a notice of claim thereof. In any such foreclosure, the Owner shall be required to pay the costs and expenses of such proceedings, the costs and expenses for filing the notice or claim of lien, and all reasonable attorneys' fees. The Owner shall also be required to pay to the Association any additional assessments against the Lot during the period of foreclosure, and the Association shall be entitled to the appointment of.a receiver to collect the same. The Board of Directors of the Association shall have the power to bid on the Lot at a foreclosure sale and acquire and hold, lease, mortgage and convey the same. The Association, at its election, and in addition to any other remedies it may have at law or in equity, may also sue an Owner personally to collect any monies owed the Association. C. Enforcement Action. The Association, acting by and through its Board of Directors, shall have the right to prosecute any action to enforce the provisions of all of this Declaration by injunctive relief, on behalf of itself and all or part of the Owners. In addition, each Owner and the Association shall have the right to prosecute any action for injunctive relief and for damages by reason of any violation of this Declaration. The prevailing party in any enforcement action shall be entitled to an award of its reasonable costs and attorneys' fees. The Board of Directors shall be entitled to assess penalties for late payment of assessments due the Association and to collect interest thereon at rates to be determined from time to time by the Board of Directors but not to exceed one and one-half percent (1'/2%) per month. After thirty Q:\Z\Ziegler, Don\Subdivision Exemption\DECLARATION OF PROTECTIVE COVENANTS Draft # 1.doc - 12 - (30) days written notice to any Owner of a violation of this Declaration and the Owner's failure to eliminate or cure said violation, the Association may levy, in addition to the other remedies set forth herein, a penalty of up to One Hundred Dollars ($100.00) per day for every day the violation exists or continues after the expiration of said thirty (30) day period. D. Limitations on Actions. In the event any construction, alteration or landscaping work is commenced upon any of the Lots in violation of this Declaration and no action is commenced within one (1) year thereafter to restrain such violation, then injunctive or equitable relief shall be denied, but an action for damages shall still be available to any party aggrieved. This one (1) year limitation shall not apply to injunctive or equitable relief against other violations of this Declaration. ARTICLE VIII. RESERVED EASEMENTS A. Easements Shown on Final Plat. The Association is entitled to use such easements as are reflected on the Final Plat for the Subdivision. The Association shall have no obligation to pay any amount for the use and enjoyment of such easements. The Association shall pay for the cost of maintaining and repairing any improvements, which it places on any easements. B. Easements for Utilities, Access and Repairs. There are hereby reserved unto Declarant (so long as the Declarant owns a Lot within the Subdivision, the Association, and the designees of each (which may include, without limitation, Garfield County, Colorado and any utility company) easements upon, across, over and under all of the Lots, with the exception of the building envelope, to the extent reasonably necessary for the purpose of installing, replacing, repairing, and maintaining water wells and all pipes and appurtenances thereto cable television systems, master television antenna systems, security and similar systems, roads, walkways, bicycle pathways, drainage systems, irrigation systems, street lights, signage, and all utilities, including, but not limited to, meter boxes, telephone, gas and electricity. The foregoing easements may traverse the private property of any Owner; provided, however, an easement shall not entitle the holders to construct or install any of the foregoing systems, facilities, or utilities over, under or through any existing dwelling on a Lot or building envelope as shown on the Plat, and any damage to a Lot resulting from the exercise of an easement shall be reasonably repaired by, and at the expense of, the Person exercising the easement. The exercise of an easement shall not unreasonably interfere with the use of any Lot and, except in any emergency, entry onto any Lot shall be made only after reasonable notice to the Owner or occupant. Declarant specifically reserves the right to convey to the electric company, natural gas supplier and cable television or communications systems supplier and any other utility supplier an easement across any portion of the Subdivision for ingress, egress, installation, reading, replacing, repairing and maintaining utility meters and boxes. However, the exercise of this easement shall not extend to permitting entry into the dwelling on the Lot, nor shall any utilities be installed or relocated on any Lot, except as approved by the Association or Declarant. Should any entity furnishing a service covered by the general easement herein provided request a specific easement by separate recordable document, the Association or Declarant shall have the right to grant such specific, descriptive easement over the Subdivision Q.\Z\Ziegler, Don\Subdivision Exemption\DECLARATION OF PROTECTIVE COVENANTS Draft #1.doc - 13 - Property without conflicting with the terms hereof. The easements provided for in this Article shall in no way adversely affect any other recorded easement on the Property. The Owner of a Lot subject to such easement shall cooperate with Declarant and the Association and take all actions, including, without limitation, executing any documents evidencing such descriptive easement as reasonably requested by the Association or Declarant. ARTICLE IX. INSURANCE A. Types of Insurance. The Association may obtain and keep in full force and effect the following insurance coverage: 1. Fidelity coverage against the dishonesty of employees, destruction or disappearance of money or securities, and forgery. This policy shall also cover persons who serve the Association without compensation. 2. Coverage for members of the Board of Directors and officers of the Association, including committee members, against libel, slander, false arrest, invasion of privacy, errors and omissions, and other forms of liability generally covered in officers and directors liability policies. 3. General liability and property insurance. 4. Coverage against such other risks of a similar or dissimilar nature as the Board of Directors deems appropriate. ARTICLE X. GENERAL PROVISIONS A. Declaration to Run. All of the covenants, conditions and restrictions contained in this Declaration shall be a burden on the title to all of the lands in the Subdivision, the benefits thereof shall inure to the Owners, and the benefits and burdens of all said covenants, conditions and restrictions shall run with the title to all of the lands in the Subdivision. B. Termination of Declaration. In the event this Declaration has not been sooner lawfully terminated pursuant to any applicable laws of the State of Colorado and Garfield County, Colorado, and the provisions herein contained, this Declaration may be terminated on January 1, 2032, by a majority vote of the votes entitled to be cast by the Members of the Association at a meeting of the members duly held. If this Declaration is not so terminated, then it shall continue to be in full force and effect for successive twenty-five (25) year periods unless, at the close of a twenty-five (25) year period, this Declaration is terminated by a majority vote of the votes entitled to be cast by the members of the Association at a meeting of the Members duly held. In the event of any such termination by the members, a properly certified copy of the resolution of termination shall be placed on record in Garfield County, Colorado, not more than six (6) months after the meeting at which such vote is cast. Q:\Z\Ziegler, Don\Subdivision Exemption\DECLARATION OF PROTECTIVE COVENANTS Draft # 1.doc - 14 - C. Amendment of Declaration. This Declaration may be amended by a majority vote of the votes entitled to be cast by the Members of the Association, said vote to be cast at a meeting of the Members duly held, provided a properly certified copy of the resolution of amendment be placed on record in Garfield County, Colorado, no more than six (6) months after said meeting. D. Severability. Should any part or parts of this Declaration be declared invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Declaration. E. Paragraph Headings. The paragraph headings within this Declaration are for convenience only and shall not be construed to be a specific part of the terms hereof. F. Limited Liability. The Association and Board of Directors shall not be liable to any part for any action or for any failure to act with respect to any matter if the action taken or failure to act was in good faith without malice. The Owners severally agree to indemnify the Association and the Board of Directors against loss resulting from such action or failure to act if the Association and the Board of Directors acted or failed to act in good faith and without malice. IN WITNESS WHEREOF, this Declaration of Protective Covenants for Ziegler Subdivision Exemption has been executed as of the date and year first written above. STATE OF COLORADO ) ss. COUNTY OF Garfield DECLARANT: Peregrine 08 Investments, LLC, a Colorado limited liability company Don Ziegler, Manager The foregoing instrument w acknowledged and sworn to before me this day of , 20 , by the Don Zielger, Manager for Peregrine 08 Investments, Declarant. WITNESS my hand and official seal. My Commission expires: Notary Public Q:\Z\Ziegler, Don\Subdivision Exemption\DECLARATION OF PROTECTIVE COVENANTS Draft # I .doc - 15 - Don Ziegler Mr. Ziegler: Burning Mountains Fire Protection District hurninginntsflxl(l?msn.com 23 March 2007 Per our discussions via telephone this letter is to confirm that, at this point of your project, the Burning Mountains Fire Protection District has no concerns. Be aware that the actual occupancy(ies) will determine if and what types of ancillary fire protection measures will be required. If I can be of further assistance, please let me know. Brit C. McLin Fite Chief, Brit McLin Station ##1 Administration PO Box'' 611 Main Street Silt, CO 81652 (970) 876-5738 Fax (970) 876-2774 Station #2 731 West Main New Castle, CO 81647 (970) 984-:3412 Station #3 5255 CR 335 New Castle, 00 81647 (970) 984-3323 President, Adria Milton -Baker Vice President, Mary L. Haggart Secretary, Marc Jaffrey Treasurer, John W. Gredig Director, Bob Thrower EXHIBIT A-7 STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Region 3 Traffic Section 222 S. Sixth St., Room 100 Grand Junction, CO 81501 (970) 683-6284 FAX (970) 683-6290 November 25, 2009 ATTN: Don Ziegler Peregrine 08 Investments 0092 County Road 227 Rifle, CO 81650 OOAIONwT O/ TRN SFORFAIICH EXTENSION OF ACCESS PERMIT NO. 308123, LOCATED ON STATE HIGHWAY 006, MILEPOST 96.88, IN Garfield COUNTY Dear Don Ziegler Your request for a one-year extension of the above -referenced State Highway Access Permit has been approved. This permit, which was originally due to expire on November, 14 2009, has been extended to November, 14 2010. This is the first extension of the permit. Subsection 2.3 (11) (d) of the State Highway Access Code, 2 CCR 601-1 states, in part: "... No more than two one-year extensions may be granted under any circumstances. If the access is not under construction within three years from the date of issue, the permit will be considered expired ..." A copy of this letter must be attached to the permit and be readily available at the job site when performing the work. If there are any further concems or questions, please feel free to contact this office at the address or phone number listed above. Sincerely, Dan Roussin Region 3 Access Manager cc: File EXHIBIT A-8 STATE OF COLOFADO Region 3 Traffic Section 222 S. Sixth St., Room 100 Grand Junction, Colorado 81501 (970) 683-6284 Fax:(970) 683-6290 November 17, 2008 Tim Thulson 818 Colorado Avenue Glenwood Springs, CO 81601 DEPARTMENT OF TRANSPORTATION RE: State Highway Access Permit No. 308123, Located on Highway 006, Milepost 96.88, in Garfield County. Dear Permittee or Applicant: The Colorado Department of Transportation (CDOT) has received your signed permit and application fee. A copy of the issued permit enclosed. The next step in the CDOT access permitting process is for you (Applicant) to obtain a Notice to Proceed (NTP). Failure to obtain an approved Notice to Proceed prior to any construction will be a violation of the State Highway Access Code (2 CCR 601-1,"the Code") § 2.4. Notice to Proceed Information Well in advance of construction, the Applicant shall request a NTP in writing along with submitting other items, such as construction drawings, specifications, and other required documents to CDOT. The Applicant must submit a complete packet of this information to CDOT with their written request. If the Applicant chooses not to request the NTP, the permit expires pursuant to subsection 2.3(11)(d). CDOT has seven days to determine if the NTP submittal is complete for review and then notify the applicant of any deficiencies. If complete, CDOT will review and comment on the submitted information within 30 -days. If CDOT determines the information is unacceptable, missing, or in need of correction, the Applicant shall correct their submittal and resubmit the complete request for NTP. Once resubmitted, CDOT will review the revised NTP documents within 10 -days. If the revised documents are satisfactory, CDOT will issue a NTP. If further corrections are necessary, the cycle of submittal, review and comments will repeat itself until approval is granted and the NTP is issued. The request for NTP shall include the following documents, along with any other items specified in the Terms and Conditions of your permit: 1) Cover Letter Requesting a NTP (include firm name, PE name and contact number) 2) Traffic Control Plan (3 copies) The traffic control plan must be: A. Consistent with CDOT Standard Plans Manual for Maintenance and Signing B. Consistent with the MUTCD C. Prepared by individual with American Traffic Safety Services Association (ATSSA) or Colorado Contractors Association certification — or sealed (stamped) by a Colorado registered professional engineer D. Acceptable to CDOT prior to any construction within the right-of-way E. Presented in a manner that provides a method of handling traffic (MHT) for each different phase of construction. The MHT will describe proposed construction phasing and will include dimensioned diagrams of work zone elements. The final traffic control plan must be submitted a minimum of three working days in advance of construction. Such plans may be revised as necessary with CDOT concurrence. 3) Insurance Liability Certification The Applicant or contractor shall be required to provide a comprehensive general liability and property damage insurance naming CDOT as an additional insured party, in the amounts of not less than $1,000,000 per occurrence and automobile liability insurance of $1,000,000 combined single limit bodily injury and property damage for each accident, during the period of access construction. 4) Complete Construction Plans The Applicant shall provide two copies of 11" x 17" construction plans and specifications for the proposed improvements. The plans shall: A. Address, as applicable, geometry, drainage, striping, signing, and signalization B. Include, but not limited to, layout of the access, highway improvements, utility locations, present and proposed drainage, present and proposed right-of-way lines, present and proposed traffic control devices, and clear zone analysis C. Sealed by a Colorado Professional Engineer in accordance with CRS 12-25-117 D. Conform to the requirement of the permit terms and conditions E. Include the following statement on the cover page of the plans: "This design is in full compliance with Section 4 of the State Highway Access Code, 2 CCR 601-1 except for the following approved design waivers:" Feel free to contact me with any questions you might have. Respectfully, Dan Roussin Region 3 Access Manager COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS PERMIT CDOT Permit No. 308123 State Highway No/Mp/Side 006 D / 96.880 / L Permit fee $100.00 Date of transmittal 9/18/2008 Region/Section/Patrol 3 / 02 / 10-2 Alen Hayes Local Jurisdiction Garfield County The Permittee(s); Applicant: Ref No.: Peregrine 08 Investments Tim Thulson Don Ziegler 0092 County Road 227 818 Colorado Avenue Rifle, CO 81650 Glenwood Springs, CO 81601 970-379-1280 970-945-6546 is hereby granted permission to have an access to the state highway at the location noted below. The access shall be constructed, maintained and used in accordance with this permit, including the State Highway Access Code and any attachments, terms, conditions and exhibits. This permit may be revoked by the issuing authority if at any time the permitted access and its use violate any parts of this permit. The issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. Location: Located on the north side of Hwy 6, a distance of 300 feet west of Hwy 97. 2700 feet east of CR 277 (Miller Road) Access to Provide Service to: (Land use Code:) (size or Count) (Units) 210 - Single -Family Detached Housing (4 units) 4 DHV Additional Information: Please review additonal terms and conditions. MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. Signature Print Name Title Date Upon the signing of this permit the perm ttee agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from Initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The permittee shall notify D'Wayne Gaymon with the Colorado Department of Transportation in Grand Junction, Colorado at (970) 683-3355, at least 48 hours prior to commencing construction within the State Highway right-of-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to accept the permit and its terms and conditions. Permittee '• • - Print Name Date This permit is not valid until signed by a duly authorized representative of the Department. COLORADO DEPARTMENT OF TRANSPORTATION Signatur � I ,, � ,,._-_.-� Pn t Name l �h� l �t�e�t'r �, Tide E i�v`�° � �'%,r,,,.�. Date (of issue) %�--/ SSD r Copy Distribution: Required: 1.Region 2.Applicant 3.Staff Access Section 4.Central Files Make copies as necessary for: Local Authority Inspector MTCE Patrol Traffic Engineer Previous ditions are obsolete and may not be used Page 1 of 3 CDOT Form #101 5/07 State Highway Access Permit Form 101, Page 2 The following paragraphs are excerpts of the State Highway Access Code. These are provided for your convenience but do not alleviate compliance with all sections of the Access Code. A copy of the State Highway Access Code is available from your local issuing authority (local government) or the Colorado Department of Transportation (Department). When this permit was issued, the issuing authority made its decision based in part on information submitted by the applicant, on the access category which is assigned to the highway, what alternative access to other public roads and streets is available, and safety and design standards. Changes in use or design not approved by the permit or the issuing authority may cause the revocation or suspension of the permit. APPEALS 1. Should the permittee or applicant object to the denial of a permit application by the Department or object to any of the terms or conditions of a permit placed there by the Department, the applicant and permittee (appellant) have a right to appeal the decision to the [Transportation] Commission [of Colorado]. To appeal a decision, submit a request for administrative hearing to the Transportation Commission of Colorado within 60 days of transmittal of notice of denial or transmittal of the permit for signature. Submit the request to the Transportation Commission of Colorado, 4201 East Arkansas Avenue, Denver, Colorado 80222-3400. The request shall include reasons for the appeal and may include changes, revisions, or conditions that would be acceptable to the permittee or applicant. 2. Any appeal by the applicant or permittee of action by a local issuing authority shall be filed with the local authority and be consistent with the appeal procedures of the local authority. 3. In submitting the request for administrative hearing, the appellant has the option of including within the appeal a request for a review by the Department's internal administrative review committee pursuant to [Code] subsection 2.10. When such committee review is requested, processing of the appeal for formal administrative hearing, 2.9(5) and (6), shall be suspended until the appellant notifies the Commission to proceed with the administrative hearing, or the appellant submits a request to the Commission or the administrative law judge to withdraw the appeal. The two administrative processes, the internal administrative review committee, and the administrative hearing, may not run concurrently. 4. Regardless of any communications, meetings, administrative reviews or negotiations with the Department or the internal administrative review Committee regarding revisions or objections to the permit or a denial, if the permittee or applicant wishes to appeal the Department's decision to the Commission for a hearing, the appeal must be brought to the Commission within 60 days of transmittal of notice of denial or transmittal of the permit. PERMIT EXPIRATION 1. A permit shall be considered expired if the access is not under construction within one year of the permit issue date or before the expiration of any authorized extension. When the permittee is unable to commence construction within one year after the permit issue date, the permittee may request a one year extension from the issuing authority. No more than two one-year extensions may be granted under any circumstances. If the access is not under construction within three years from date of issue the permit will be considered expired. Any request for an extension must be in writing and submitted to the issuing authority before the permit expires. The request should state the reasons why the extension is necessary, when construction is anticipated, and include a copy of page 1 (face of permit) of the access permit. Extension approvals shall be in writing. The local issuing authority shall obtain the concurrence of the Department prior to the approval of an extension, and shall notify the Department of all denied extensions within ten days. Any person wishing to reestablish an access permit that has expired may begin again with the application procedures. An approved Notice to Proceed, automatically renews the access permit for the period of the Notice to Proceed. CONSTRUCTION 1. Construction may not begin until a Notice to Proceed is approved. (Code subsection 2.4] 2. The construction of the access and its appurtenances as required by the terms and conditions of the permit shall be completed at the expense of the permittee except as provided in subsection 2.14. All materials used in the construction of the access within the highway right-of-way or on permanent easements, become public property. Any materials removed from the highway right-of-way will be disposed of only as directed by the Department. All fencing, guard rail, traffic control devices and other equipment and materials removed in the course of access construction shall be given to the Department unless otherwise instructed by the permit or the Department inspector. 3. The permittee shall notify the individual or the office specified on the permit or Notice to Proceed at least two working days prior to any construction within state highway right-of-way. Construction of the access shall not proceed until both the access permit and the Notice to Proceed are issued. The access shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation of construction within the highway right-of-way. A construction time extension not to exceed 30 working days may be requested from the individual or office specified on the permit. 4. The issuing authority and the Department may inspect the access during construction and upon completion of the access to ensure that all terms and conditions of the permit are met. Inspectors are authorized to enforce the conditions of the permit during construction and to halt any activities within state right-of-way that do not comply with the provisions of the permit, that conflict with concurrent highway construction or maintenance work, that endanger highway property, natural or cultural resources protected by law, or the health and safety of workers or the public. 5. Prior to using the access, the permittee is required to complete the construction according to the terms and conditions of the permit. Failure by the permittee to abide by all permit terms and conditions shall be sufficient cause for the Department or issuing authority to initiate action to suspend or revoke the permit and close the access. If in the determination of the Department or issuing authority the failure to comply with or complete the construction requirements of the permit create a highway safety hazard, such shall be sufficient cause for the summary suspension of the permit. If the permittee wishes to use the access prior to completion, arrangements must be approved by the issuing authority and Department and included in the permit. The Department or issuing authority may order a halt to any unauthorized use of the access pursuant to statutory and regulatory powers. Reconstruction or improvement of the access may be required when the permittee has failed to meet required specifications of design or materials. If any construction element fails within two years due to improper construction or material specifications, the permittee shall be responsible for all repairs. Failure to make such repairs may result in suspension of the permit and closure of the access. 6. The permittee shall provide construction traffic control devices at all times during access construction, in conformance with the M.U.T.C.D. as required by section 42- 4-104, C.R.S., as amended. 7. A utility permit shall be obtained for any utility work within highway right-of-way. Where necessary to remove, relocate, or repair a traffic control device or public or private utilities for the construction of a permitted access, the relocation, removal or repair shall be accomplished by the permittee without cost to the Department or issuing authority, and at the direction of the Department or utility company. Any damage to the state highway or other public right-of-way beyond that which is allowed in the permit shall be repaired immediately. The permittee is responsible for the repair of any utility damaged in the course of access construction, reconstruction or repair. 8. In the event it becomes necessary to remove any right- of-way fence, the posts on either side of the access shall be securely braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence. All posts and wire removed are Department property and shall be turned over to a representative of the Department. 9. The permittee shall ensure that a copy of the permit is available for review at the construction site at all times. The permit may require the contractor to notify the individual or office specified on the permit at any specified phases in construction to allow the field inspector to inspect various aspects of construction such as concrete forms, subbase, base course compaction, and materials specifications. Minor changes and additions may be ordered by the Department or local authority field inspector to meet unanticipated site conditions. 10. Each access shall be constructed in a manner that shall not cause water to enter onto the roadway or shoulder, and shall not interfere with the existing drainage system on the right-of-way or any adopted municipal system and drainage plan. 11. By accepting the permit, permittee agrees to save, indemnify, and hold harmless to the extent allowed by law, the issuing authority, the Department, its officers, and employees from suits, actions, claims of any type or character brought because of injuries or damage sustained by any person resulting from the permittee's use of the access permit during the construction of the access. CHANGES IN ACCESS USE AND PERMIT VIOLATIONS 1. It is the responsibility of the property owner and permittee to ensure that the use of the access to the property is not in violation of the Code, permit terms and conditions or the Act. The terms and conditions of any permit are binding upon all assigns, successors -in -interest, heirs and occupants. If any significant changes are made or will be made in the use of the property which will affect access operation, traffic volume and or vehicle type, the permittee or property owner shall contact the local issuing authority or the Department to determine if a new access permit and modifications to the access are required. 2. When an access is constructed or used in violation of the Code, section 43-2-147(5)(c), C.R.S., of the Act applies. The Department or issuing authority may summarily suspend an access permit and immediately order closure of the access when its continued use presents an immediate threat to public health, welfare or safety. Summary suspension shall comply with article 4 of title 24, C.R.S. MAINTENANCE 1. The permittee, his or her heirs, successors -in -interest, assigns, and occupants of the property serviced by the access shall be responsible for meeting the terms and conditions of the permit, the repair and maintenance of the access beyond the edge of the roadway including any cattle guard and gate, and the removal or clearance of snow or ice upon the access even though deposited on the access in the course of Department snow removal operations. Within unincorporated areas the Department will keep access culverts clean as part of maintenance of the highway drainage system. However, the permittee is responsible for the repair and replacement of any access -related culverts within the right-of-way. Within incorporated areas, drainage responsibilities for municipalities are determined by statute and local ordinance. The Department will maintain the roadway including auxiliary lanes and shoulders, except in those cases where the access installation has failed due to improper access construction and/or failure to follow permit requirements and specifications in which case the permittee shall be responsible for such repair. Any significant repairs such as culvert replacement, resurfacing, or changes in design or specifications, requires authorization from the Department. Form 101, Page 3 STATE HIGHWAY ACCESS PERMIT 308123 Located on Highway 006A near RP 96.880 Left Issued to Peregrine 08 Investments Inc. TERMS AND CONDITIONS September 16, 2008 1. This permitted access is only for the use and purpose stated in the Application and Permit. This Permit is issued in accordance with the State Highway Access Code (2 CCR 601-1), and is based in part upon the information submitted by the Permittee. Any subsequent relocation, reconstruction, or modifications to the access or changes in the traffic volume or traffic nature using the access shall be requested for by means of a new application. Any changes causing non-compliance with the Access Code may render this permit void, requiring a new permit. 2. This permit replaces any and all additional access permits that may be in existence. All other State Highway access to the properties owned by Donald Ziegler (Peregrine 08 Investments, LLC) shall be removed. 3. This access is for 4 single family residences. 4. If the properties redevelop in the commercial activities, then the access shall be off CR 277 (Miller Lane). 5. This access shall be constructed 20-30 feet wide with turning radii to accommodate the minimum turning radius of the largest vehicle or 35 foot, whichever is greater. 6. An 18 -inch minimum culvert with flared end treatments shall be required for this access. The culvert shall be kept free of blockage to maintain proper flow and drainage. 7. The access shall be constructed perpendicular to the travel lanes of the State Highway for a minimum distance of 40 feet from the edge of roadway. Side slopes shall be at a 4:1 slope on the roadway. The roadway shall slope away from the highway at a -2% grade for the first 20 feet of driveway. This design shall be in conformance with section 4 of the State Highway Access Code, 2CCR 601-1. 8. Materials, Placing and Compaction of Driveway: Unless the applicant has approval from the Access Manager which may state otherwise, the following will be required for driveway construction. As a minimum the materials for this driveway shall include; Sub -base: class 3 gravel placed in 6 inch lifts, Base: 6 inches of class 6 gravel in two 3 -inch lifts, Surface: 4 inches of pavement in two 2 inch lifts. Compaction of the subgrade, embankments and backfill shall comply with section 203.08 of the Colorado Highway Standard Specifications for Road and Bridge Construction. 9. The access shall be surfaced in accordance with Section 4.7 of the Access Code immediately upon completion of earthwork construction and prior to use. This access shall be hard surfaced in accordance with Section 4.7 of the Access Code a minimum distance of 20feet from the traveled way or to the CDOT Right -of -Way. Where the hard surface is to abut existing pavement, the existing pavement shall be saw cut and removed a minimum of one foot back from the existing edge for bituminous, or until an acceptable existing cross slope is achieved. Surfacing shall meet the Department's specifications with minimum surfacing to be equal to or greater than existing highway conditions. 10. A Notice to Proceed, CDOT Form 1265, is required before beginning construction on the access or any activity within the highway Right -of -Way. To receive the Notice to Proceed the applicant shall submit a complete packet to CDOT with the following items: (a) A cover letter requesting a Notice to Proceed, and the intended date to begin construction. STATE HIGHWAY ACCESS PERMIT 308123 Located on Highway 006A near RP 96.880 Left Issued to Peregrine 08 Investments Inc. TERMS AND CONDITIONS (cont.) September 16, 2008 (b) Construction Plans Stamped (11"x 17" with a minimum scale of 1" = 50') by a Colorado Registered Professional Engineer in full compliance with the State Highway Access Code The plan shall provide: i) Plan view with driveway dimensions - turn radius, width, slope, gates, etc. ii) Typical road section - existing and proposed sub base, base, pavement, and shoulder dimensions. iii) Centerline profile of the access/Hwy connection showing depths, driveway slope, etc. (c) Certificate of Insurance Liability as per Section 2.3(11)(i) of the State Highway Access Code. (d) A certified Traffic Control Plan in accordance with Section 2.4(6) of the Access Code. The Traffic Control Plan shall provide accessibility features to accommodate all pedestrians including persons with disabilities for all pathways during construction. 11. No drainage from this site shall enter onto the State Highway travel lanes. The Permittee is required to maintain all drainage in excess of historical flows and time of concentration on site. All existing drainage structures shall be extended, modified or upgraded, as applicable, to accommodate all new construction and safety standards, in accordance with the Department's standard specifications. 12. Open cuts, which are at least 4 inches in depth, within 30 feet of the edge of the State Highway traveled way, will not be left open at night, on weekends, or on holidays, or shall be protected with a suitable barrier per State and Federal Standards. 13. Nothing in this permit shall prohibit the chief engineer from exercising the right granted in CRS 43-3-102 Including but not limited to restricting left hand turns by construction of physical medial separations. 14. The Permittee is responsible for obtaining any necessary additional Federal, State and/or City/County permits or clearances required for construction of the access. Approval of this access permit does not constitute verification of this action by the Permittee. Permittee is also responsible for obtaining all necessary utility permits in addition to this access permit. 15. All workers within the State Highway right of way shall comply with their employer's safety and health policies/procedures, and all applicable U.S. Occupational Safety and Health Administration (OSHA) regulations - including, but not limited to the applicable sections of 29 CFR Part 1910 - Occupational Safety and Health Standards and 29 CFR Part 1926 - Safety and Health Regulations for Construction. Personal protective equipment (e.g. head protection, footwear, high visibility apparel, safety glasses, hearing protection, respirators, gloves, etc.) shall be worn as appropriate for the work being performed, and as specified in regulation. 16. The Permittee shall provide accessibility features to accommodate all pedestrians including persons with disabilities for all pathways during and after construction. 17. The permittee is required to comply with the Americans with Disabilities Act Accessibility Guidelines (ADAAG) that have been adopted by the U.S. Architectural and Transportation Barriers Compliance Board (Access Board), and incorporated by the U.S. Attorney General as a federal standard. These guidelines are defining traversable slope requirements and prescribing the use of a defined pattern of truncated domes as detectable warnings at street STATE HIGHWAY ACCESS PERMIT 308123 Located on Highway 006A near RP 96.880 Left Issued to Peregrine 08 Investments Inc. TERMS AND CONDITIONS (cont.) September 16, 2008 crossings. The new Standards Plans and can be found on the Design and Construction Project Support web page at: http://www.dot.state.co.us/DesiqnSupport/, then click on Design Bulletins. 18. When it is necessary to remove any highway right-of-way fence, the posts on either side of the access entrance shall be securely braced with approved end posts and in conformance with the Department's M-607-1 standard, before the fence is cut, to prevent slacking of the remaining fence. All materials removed shall be returned to the Department. 19. It shall be the responsibility of the Permittee to maintain adequate sight distance for this driveway. Trimming of vegetation or trees to maintain adequate sight distance is the sole responsibility of the permittee. 20. Any damage to present highway facilities including traffic control devices shall be repaired immediately at no cost to the Department and prior to continuing other work. 21. During access construction no construction personnel vehicles will be permitted to park in the state highway right-of-way. 22. If the access has a gate across it, the gate shall be set back far enough from the highway so that the longest vehicle using it can clear the roadway when the gate is closed. 23. Any mud or other material tracked or otherwise deposited on the roadway shall be removed daily or as ordered by the Department inspector. If mud is an obvious condition during site construction, it is recommended that the contractor build a Stabilized Construction Entrance or Scrubber Pad at the intended construction access to aid in the removal of mud and debris from vehicle tires. The details of the Stabilized Construction Entrance is found in the M & S Standards Plan No. M-208-1. 24. A fully executed complete copy of this permit and the Notice to Proceed must be on the job site with the contractor at all times during the construction. Failure to comply with this or any other construction requirement may result in the immediate suspension of work by order of the Department inspector or the issuing authority. 25. No work will be allowed at night, Saturdays, Sundays and legal holidays without prior authorization from the Department. The Department may also restrict work within the State Highway right-of-way during adverse weather conditions. 26. The access shall be completed in an expeditious and safe manner and shall be completed within 45 days from initiation of construction within State Highway right-of-way or in accordance with written concurrence of the Access Manager. All construction shall be completed in a single season. 27. All costs associated with any type of utility work will be at the sole responsibility and cost of the permittee and at no cost to CDOT. 28. Areas of roadway and/or right-of-way disturbed during this installation shall be restored to their original conditions to insure proper strength and stability, drainage and erosion control. Restoration shall meet the Department's standard specifications for topsoil, fertilization, mulching, and re -seeding. 29. Upon the completion of the access and prior to any use as allowed by this permit, the applicant shall notify the Access Manager by certified mail within 10 days to request a final inspection. STATE HIGHWAY ACCESS PERMIT 308123 Located on Highway 006A near RP 96.880 Left Issued to Peregrine 08 Investments Inc. TERMS AND CONDITIONS (cont.) September 16, 2008 This request shall include certification that all materials and construction have been completed in accordance with all applicable Department Standards and Specifications; and that the access is constructed in conformance with the State Highway Access Code, 2 CCR 601-1, including this permit. The engineer of record as indicated on the construction plans, shall be present for this inspection. The access serviced by this permit may not be opened to traffic until written approval has been given from the CDOT Access Manager. COLORADO DEPARTMENT OF TRANSPORTATION Environmental Clearances Information Summary PURPOSE - This summary is intended to inform entities external to CDOT that may be entering the state highway right-of-way to perform work related to their own facilities (such as Utility, Special Use or Access Permittees), about some of the more commonly encountered environmental permits/clearances that may apply to their activities. This listing is not all-inclusive - additional environmental or cultural resource permits/clearances may be required in certain instances. Appropriate local, state and federal agencies should be contacted for additional information if there is any uncertainty about what permits/clearances are required for a specific activity. IMPORTANT — Please Review The Following Information Carefully — Failure to Comply With Regulatory Requirements May Result In Suspension or Revocation of Your CDOT Permit, Or Enforcement Actions By Other Agencies CLEARANCE CONTACTS - As indicated in the permit/clearance descriptions listed below, the following individuals or agencies may be contacted for additional information: • Colorado Department of Public Health and Environment (CDPHE) — General Information — (303) 692-2035 Water Quality Control Division (WQCD) (303) 692-3500 Environmental Permitting Website http://www.cdphe.state.co.us/permits.asp. • CDOT Water Quality Program Manager; Rick Willard (303) 757-9343 • CDOT Asbestos Project Manager; Julia Horn (303) 512-5519 • Colorado Office of Archaeology and Historic Preservation: (303) 866-3395 • U.S. Army Corps of Engineers, District Regulatory Offices Omaha District (NE Colorado), Denver Office (303) 979-4120 http://www.nwo.usace.army.mil/html/od-tI/tri-lakes.html Sacramento Dist. (Western CO), Grand Junction Office (970) 243-1199 http://www.spk.usace.army.mil/cespk-co/requlatory/ Albuquerque District (SE Colorado), Pueblo Reg. Office (719)-543-6915 http://www.spa.usace.army.mil/reg/ • CDOT Utilities, Special Use and Access Permitting: (303) 757-9654 http://www.dot.state.co.us/Permits/ Ecological Resources — Disturbance of wildlife shall be avoided to the maximum extent practicable. Entry into areas of known or suspected threatened or endangered species habitat will require special authorization from the CDOT permitting office. If any threatened or endangered species are encountered during the progress of the permitted work, work in the subject area shall be halted and the CDOT Regional Permitting Office and Regional Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Information about threatened or endangered species may be obtained from the CDOT website http://www.dot.state.co.us/environmental/Wildlife/Guidelines.asp, or the Colorado Division of Wildlife website http://wildlife.state.co.us/WildlifeSpecies/SpeciesOfConcem/. Additional guidance may be provided by the Regional Permitting Office in the Permit Special Provisions. Cultural Resources — The applicant must request a file search of the permit area through the Colorado Office of Archaeology and Historic Preservation (OAHP), Denver, to ascertain if historic or archaeological resources have previously been identified. Inventory of the permit area by a qualified cultural resources specialist may be necessary, per the recommendation of OAHP and/or CDOT. If archaeological or historical artifacts are encountered during the progress of the permitted work, work in the subject area shall be halted and the CDOT Regional Permitting Office and Regional Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Additional guidance may be provided by the Regional Permitting Office in the Permit Special Provisions. Contact Information Contact the OAHP at (303) 866-3395. General Prohibition — Discharges - All discharges are subject to the provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations. Prohibited discharges include substances such as wash water, paint, automotive fluids, solvents, oils or soaps. Contact Information: Contact the CDOT Water Quality Program Manager at (303) 757-9343, or the Colorado Department of Public Health and Environment, Water Quality Control Division (WQCD) at (303) 692-3500. General Authorization - Allowable Non-Stormwater Discharges - Unless otherwise identified by CDOT or the WQCD as significant sources of pollutants to the waters of the State, the following discharges to stormwater systems are allowed without a Colorado Discharge Permit System permit: landscape irrigation, diverted stream flows, uncontaminated ground water infiltration to separate storm sewers, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, footing drains; water line flushing, flows from riparian habitats and wetlands, and flow from fire fighting activities. Contact Information: The CDOT Water Quality Program Manager or the CDPHE Water Quality Control Division (telephone #'s listed above). Hazardous Materials, Solid Waste - The Solid Wastes Disposal Sites and Facilities Act C.R.S. 30-20-100, et al, and Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), prohibit solid waste disposal without an approved Certificate of Designation (a landfill permit). The Colorado Hazardous Waste Act C.R.S. 25-15-301 et al, and the Colorado Hazardous Waste Regulations (6 CCR 1007-3) prohibit the transfer, storage or disposal (TSD) of hazardous waste except at permitted TSD sites. There are no permitted landfills or TSD sites within the State Highway Right of Way. Therefore, all solid or hazardous wastes that might be generated by the activities of entities entering the State Highway Right of Way must be removed from the ROW and disposed of at a permitted facility or designated collection point (e.g., for solid waste, a utility or construction company's own dumpster). If pre-existing solid waste or hazardous materials contamination (including oil or gasoline contaminated soil, asbestos, chemicals, mine tailings, etc.) is encountered during the performance of work, the permittee shall halt work in the affected area and immediately contact the CDOT Regional Permitting Office for direction as to how to proceed. Contact Info: Contact the CDOT/CDPHE Liaison at (303)757-9787. Environmental Clearances Information Summary Page 1 of 3 Colorado Department of Transportation November '07 Asbestos Containing Materials, Asbestos Contaminated Soil — All work on asbestos containing materials (ACM) must comply with the applicable requirements of the CDPHE Air Pollution Control Division's (APCD) Regulation 8. Disposal of ACM, and work done in asbestos -contaminated soil, must comply with the CDHPE Hazardous Materials and Waste Management Division's (HMWMD) Solid Waste Regulations. The application for any CDOT permit must specifically identify any ACM involved in the work for which authorization is being requested. Additional guidance or requirements may be specified in the permit special provisions. Contact Info: CDPHE APCD and HMWMD Regulations can be accessed via the CDPHE Environmental Permitting Website listed above. Additional information concerning clearance on CDOT projects is available from Julia Horn, CDOT Asbestos Project Manager (303) 512-5519, or Theresa Santangelo-Dreiling, Property Management Supervisor (303) 512-5524. Construction Stormwater Permit; Stormwater Discharge From Industrial Facilities - Discharges of stormwater runoff from construction sites disturbing one acre or more - or certain types of industrial facilities - requires a CDPS Stormwater Permit. Contact Information: For Utility/Special Use activities being performed in conjunction and coordination with a CDOT highway construction contract, please contact the CDOT Water Quality Program Manager at (303) 757-9343. Otherwise, contact the CDPHE Water Quality Control Division at (303) 692-3500. Website: http://www.cdphe.state.co.us/wq/PermitsUnit/wgcdpmt.html Construction Dewatering (Discharge or Infiltration) — Discharges of water encountered during excavation or work in wet areas may require a Construction Dewatering Discharge Permit. Contact Information: For Construction Dewatering Discharge Permits, contact the CDPHE WQCD at (303) 692-3500. Website:http://www.cdphe.state.co.us/wq/PermitsUnit/wgcdpmt.html Minimal Industrial Discharge Permit — Discharges of small quantities of wastewater or wastewater requiring minimal treatment, such as that resulting from hydrostatic testing or certain wash waters, may require a Minimal Industrial Discharge Permit ("MINDI"). Contact Info: Contact the CDPHE WQCD at (303) 692-3500. Website: http://www.cdphe.state.co.us/wq/PermitsUnit/wgcdpmt.html Municipal Separate Storm Sewer System (MS4) Discharge Permit — Discharges from the storm sewer systems of larger municipalities, and from the CDOT highway drainage system that lies within those municipalities, are subject to MS4 Permits issued by the CDPHE WQCD. For facilities that lie within the boundaries of a municipality that is subject to a MS4 permit, the owner of such facility should contact the municipality regarding stormwater related clearances that may have been established under that municipality's MS4 permit. All discharges to the CDOT highway drainage system must comply with the applicable provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations, and are subject to inspection by the CDOT and the CDHPE. Contact Information: Contact the CDPHE Water Quality Control Division at (303) 692-3500 for a listing of municipalities required to obtain MS -4 Permits, or go to http://www.cd•he.state.co.us/w•/PermitsUnit/w•cd•mt.htmi#Munici•alFormsGuidance. Discharge of Dredged or Fill Material — 404 Permits Administered By the U.S. Army Corps of Engineers, and Section 401 Water Quality Certifications Issued by the CDPHE WQCD - Corps of Engineers 404 Permits are required for the discharge of dredged or fill materials into waters of the United States, including wetlands. There are various types of 404 Permits, including Nationwide Permits, which are issued for activities with relatively minor impacts. For example, there is a Nationwide Permit for Utility Line Activities (NWP #12). However, depending upon the specific circumstances, it is possible that either a "General" or "Individual" 404 permit would be required. If an Individual 404 Permit is required, Section 401 water quality certification from the CDPHE WQCD is also required. Contact Information: Contact the appropriate Corps District Regulatory Office for information about what type of 404 permit may be required (information provided at top of ECIS). Contact the CDPHE Water Quality Control Division at (303) 692-3500. Erosion and Sediment Control Practices - For activities requiring a Construction Stormwater Permit, erosion control requirements will be specified through that permit. In those situations where a stormwater permit is not required, all reasonable measures should be taken in order to minimize erosion and sedimentation. In either case, the CDOT Stormwater Quality and Erosion Control Guide (2002) should be used to design erosion controls. Contact Information: The CDOT Stormwater Quality and Erosion Control Guide may be obtained from the Bid Plans Office at (303) 757-9313 or from: http://www.dot.state.co.us/environmental/envWaterQual/wgms4_as• Disposal of Drilling Fluids - Drilling fluids used in operations such as Horizontal Directional Drilling may be classified as "discharges" or "solid wastes", and in general, should be pumped or vacuumed from the construction area, removed from the State Highway Right of Way, and disposed of at permitted facilities that specifically accept such wastes. Disposal of drilling fluids into storm drains, storm sewers, roadside ditches or any other type of man-made or natural waterway is prohibited by Water Quality Control and/or Solid Waste regulations. Small quantities of drilling fluid solids (less than 1 cubic yard of solids) may be left on-site after either being separated from fluids or after infiltration of the water, provided: 1) the drilling fluid consists of only water and bentonite clay, or, if required for proper drilling properties, small quantities of polymer additives that are approved for use in drinking water well drilling; 2) the solids are fully contained in a pit, and are not likely to pose a nuisance to future work in the area, 3) the solids are covered and the area restored as required by CDOT permit requirements (Utility, Special Use, or Access Permits, etc.). Contact Information: Contact the CDOT / CDPHE Liaison or CDOT Water Quality Program Manager. Concrete Washout - Waste generated from concrete activities shall NOT be allowed to flow into the drainage ways, inlets, receiving waters, or in the CDOT ROW. Concrete waste shall be placed in a temporary concrete washout facility. Concrete washout shall only be performed as specified by the CDOT Environmental Program and shall be in accordance to CDOT specifications and guidelines. Contact Information: Contact the CDOT Water Quality Program Manager at (303) 757-9343. Spill Reporting - Spills shall be contained and cleaned up as soon as possible. Spills shall NOT be washed down into the storm drain or buried. All spills shall be reported to the CDOT Illicit Discharge Hotline at (303) 512-4446 (4H20), as well as the Regional Permitting Office and Regional Maintenance Supervisor. Spills on highways, into waterways, or that may otherwise present an Environmental Clearances Information Summary Paae 2 of 3 Colorado Department of Transportation November `07 immediate danger to the public shall be reported by calling 911, and shall also be reported to the CDPHE at 1-(877)-518-5608. Transportation of Hazardous Materials - No person may offer or accept a hazardous material for transportation in commerce unless that person is registered in conformance with the United States Department of Transportation regulations at 49 CFR, Part 171. The hazardous material must be properly classed, described, packaged, marked, labeled, and in condition for shipment as required or authorized by applicable requirements, or an exemption, approval or registration has been issued. Vehicles requiring a placard, must obtain authorization and a State HAZMAT Permit from the Colorado Public Utilities Commission. Contact Information: For authorization and more info call the Federal Motor Safety Carrier Administration, US DOT for inter- and intra -state HAZMAT Registration (303) 969-6748. Colorado Public Utilities Commission: X303) 894-2868. Paleontology - The applicant must request a fossil locality file search through the University of Colorado Museum, Boulder, and the Denver Museum of Nature and Science to ascertain if paleontological resources have been previously identified. Inventory of the permit area by a qualified paleontologist may be necessary, per the recommendation of CDOT. If fossils are encountered during the permitted work, all work in the subject area shall be halted and the CDOT Regional Permitting Office and Regional Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Additional guidance may be provided by the Regional Permitting Office in the Permit Special Provisions. Contact Information: Contact the CDOT Paleontologist at (303) 757-9632. Working on or in any stream or its bank - In order to protect and preserve the state's fish and wildlife resources from actions that may obstruct, diminish, destroy, change, modify, or vary a natural existing stream or its banks or tributaries, it may be necessary to obtain a Senate Bill 40 certification from the Colorado Department of Natural Resources. A stream is defined as 1) represented by a solid blue line on USGS 7.5' quadrangle maps; and/or 2) intermittent streams providing live water beneficial to fish and wildlife; and/or 3) segments of streams supporting 25% or more cover within 100 yards upstream or downstream of the project; and/or 4) segments of streams having wetlands present within 200 yards upstream or downstream of the project. The Colorado Division of Wildlife (CDOW) application, as per guidelines agreed upon by CDOT and CDOW, can be accessed at www.dot.state.co.us/environmental/wildlife/permitapplication.asp. About This Form - Questions or comments about this Information Summary may be directed to Dahir Egal, CDOT Safety & Traffic Engineering, Utilities Unit, at X303) 757-9344, dahir.egalAdot.state.co.us Pn,irnnmonfal flaaranrae Infnrmatinn Ciimmani Pana 3 of fnlnrarin flanartmant of Tranennrtatinn Nrniamhar 117 ZIEGLER SUBDIVISION EXEMPTION IMPROVEMENTS AGREEMENT THIS IMPROVEMENTS AGREEMENT ("A ement") is made and entered into this day of , 20 , by and between PEREGRINE 08 INVESTMENTS, LLC, a Colorado limited liability company, whose address is 0092 County Road 227, Rifle, CO 81650 ("Owner") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, acting for the County of Garfield, State of Colorado, as a body politic and corporate, directly or through its authorized representatives and agents ("BOCC"). WHEREAS, Owner is the owner and developer that parcel of real property located in Garfield County, Colorado and known as the Ziegler Subdivision Exemption ("Subdivision 1D Exemption"); 10 fi WHEREAS, on J , 20A'd, the BOCC, by Resolution No. 20 -_ ("Resolution of Approval"), divided by exemption those four single-family lots more articularly described within Ziegler Subdivision Exemption plat filed in the records of Clerk and Recorder for Garfield County, Colorado on , 20 as Reception No. ("Exemption Plat"); WHEREAS, as a condition precedent to the approval and execution of the Exemption Plat as submitted to the BOCC for approval, Owner wishes to enter into this Agreement with the BOCC for the purpose of securing completion of construction of the roadway improvements set forth therein; and WHEREAS, Owner has agreed to execute and deliver to the BOCC collateral or other security in a form satisfactory to the BOCC to secure and guarantee Owner's performance under this Agreement and has agreed to certain restrictions and conditions regarding the sale of properties and issuance of building permits and certificates of occupancy within the Subdivision, all as more fully set forth below. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. EXEMPTION PLAT APPROVAL. The BOCC hereby accepts and approves the Exemption Plat, on the date set forth above, subject to the terms and conditions of this Agreement, the Resolution of Approval hereinabove stated and any other governmental or quasi - governmental regulations applicable to the Subdivision Exemption. 2. OWNER'S PERFORMANCE. Owner shall cause to be constructed and installed those roadway improvements more particularly described within Exhibit A hereto ("Improvements"), at its own expense, including the payment of all fees required by the County and/or other governmental and quasi -governmental entities with regulatory jurisdiction over the Subdivision Exemption. The Improvements shall be completed on or before the end of the first Ziegler Exemption Improvements Agreement C:\Documents and Settings1Danielle1Local SettingslTemporary Internet FilesIOLK5621ZieglerSIA.doc 11 EXHIBIT A-9 full year following execution of this Agreement, i.e., 20 (completion date), in compliance with the following: a. The plans for the Improvements attached hereto as Exhibit A as approved by the Colorado Department of Transportation under Owner's State Highway Access Permit No. 308123; the estimated of cost of completion of the Improvements, certified by and bearing the stamp of Owner's professional engineer licensed in the State of Colorado ("Owner's Engineer"), attached hereto as Exhibit B; and all other documentation required to be submitted along with the Final Plat under pertinent sections of the Garfield County subdivision and zoning regulations ("Final Plat Documents"); b. All requirements of the Resolution of Approval; c. All laws, regulations, orders, resolutions and requirements of the State of Colorado, Garfield County, and all special districts and any other governmental or quasi - governmental authority(ies) with jurisdiction; and d. The provisions of this Agreement. The BOCC agrees that if all Improvements are installed in accordance with subparagraphs 2 (a) through 2 (d), above; the record drawings to be submitted upon completion of the Improvements as detailed in paragraph 3 (c), below; and all other requirements of this Agreement, then the Owner shall be deemed to have satisfied all terms and conditions of the Resolution of Approval with respect to the installation thereof. 3. SECURITY FOR IMPROVEMENTS. a. Letter of Credit. As security for Owner's obligation to complete the Improvements, Owner shall deliver to the BOCC, on or before the date of recording of the Final Plat of the Subdivision with the Garfield County Clerk and Recorder, one or more Letters of Credit in the form agreed to be acceptable to the BOCC, attached hereto as Exhibit C, or such other form of security as may be deemed acceptable to the BOCC as provided in paragraph 3 (g), below. The LOC(s) shall be in the amount of $31,180.00, representing the full estimated cost of completing the Improvements, including a sufficient contingency to cover cost changes, unforeseen costs and other variables (not less than 10% of the estimated costs and as approved by the BOCC). b. LOC Requirements. The LOC(s) required by this Agreement shall be issued by a state or national banking institution acceptable to the BOCC. If the institution issuing the LOC(s) is not licensed in the State of Colorado and transacting business within the State of Colorado, the LOC(s) shall be "confirmed" within the meaning of the Uniform Commercial Code, Letters of Credit, §4-5-101 et seq., C.R.S., as amended, by a bank that is licensed to do business in the State of Colorado, doing business in Colorado, and acceptable to the BOCC. The LOC(s) shall be valid for a minimum of six (6) months beyond the completion date for the Improvements set forth herein. If the time for completion of Improvements is extended by a Ziegler Exemption Improvements Agreement Page 2 of 9 C\Documents and Settings1DaniellelLocal SettingslTemporary Internet FilesIOLK5621ZieglerSIA.doc written amendment to this Agreement, the time period for the validity of the LOC(s) shall be similarly extended by the Owner. For each six (6) month extension, the face amount of the LOC(s), at the sole option of the BOCC, shall be subject to recertification of cost of completion by Owner's Engineer and review by the BOCC for a possible increase in the face amount of the LOC, in order to assure sufficiency of the amount of security to allow possible completion of the Improvements by the BOCC under terms of this Agreement. Additionally, should the LOC(s) become void or unenforceable for any reason, including bankruptcy of the Owner or the financial institution issuing or confirming the LOC, prior to the BOCC's approval of Owner's Engineer's certification of completion of the Improvements, this Agreement shall become void and of no force and effect and the Exemption Plat shall be vacated pursuant to the terms of this Agreement. c. Partial Releases of Security. Owner may request partial release(s) of the LOC(s) by means of submission to the Building and Planning Department of a "Written Request for Partial Release of LOC," in the form attached hereto as Exhibit "D," accompanied by the Owner's Engineer's Certificate of Partial Completion of Improvements, stamped by Owner's Engineer. The Owner's Engineer's seal shall certify that the Improvements have been constructed in accordance with the requirements of this Agreement, including all provisions of the Resolution of Approval. The BOCC shall authorize successive releases of portions of the face amount of the LOC(s) as portions of the Improvements are certified as complete to the BOCC by the Owner's Engineer and said certification is approved by the BOCC. d. BOCC's Investigation. Notwithstanding the foregoing, upon submission of the Owner's Written Request for Partial Release of LOC, along with Owner's Engineer's Certificate of Partial Completion of the Improvements, the BOCC may review the certification and may inspect and review the Improvements certified as complete to determine whether or not said Improvements have been constructed in compliance with relevant specifications, as follows: If no letter of potential deficiency is furnished to Owner by the BOCC within fifteen (15) days of submission of Owner's Written Request for Partial Release of LOC accompanied by Owner's Engineer's Certificate of Partial Completion of Improvements, all Improvements certified as complete shall be deemed complete by the BOCC, and the BOCC shall authorize release of the appropriate amount of security. ii. If the BOCC chooses to inspect and determines that all or a portion of the Improvements certified as complete are not in compliance with the relevant specifications, the BOCC shall furnish a letter of potential deficiency to the Owner, within fifteen (15) days of submission of Owner's Written Request for Partial Release of LOC accompanied by Owner's Engineer's Certificate of Completion of the Improvements. iii. If a letter of potential deficiency is issued identifying a portion of the certified Improvements as potentially deficient, then all Improvements not identified as potentially deficient shall be deemed complete, and the BOCC shall authorize release of the amount of security related to the certified Improvements that are not identified as potentially deficient. Ziegler Exemption Improvements Agreement Page 3 of 9 C.:IDocuments and SettingslDaniellelLocal SettingslTemporary Internet FilesIOLK5621ZieglerSIA.doc iv. With respect to Improvements identified as potentially deficient in a letter of potential deficiency, the BOCC shall have thirty (30) days from the date of the letter to complete the initial investigation, begun under subparagraph 3.d.ii. above, and provide written confirmation of the deficiency(ies) to the Owner. v. If the BOCC finds that the Improvements are complete, in compliance with the relevant specifications, then the appropriate amount of security shall be authorized for release within ten (10) days after completion of such investigation. e. BOCC Completion of Improvements. If the BOCC finds, within the thirty (30) day period of time, defined in subparagraph 3 (e)(iv) above, that the Improvements are not complete, or if the BOCC determines that the Owner will not or cannot construct any or all of the Improvements, whether or not Owner has submitted a written request for release of LOC, the BOCC may withdraw and employ from the LOC(s) such funds as may be necessary to construct the Improvements in accordance with the specifications, up to the face amount, or remaining face amount, of the LOC(s). In such event, the BOCC shall make a written finding regarding Owner's failure to comply with this Agreement prior to requesting payment from the LOC(s). In lieu of or in addition to drawing on the LOC(s), the BOCC may bring an action for injunctive relief or damages for the Owner's failure to adhere to the provisions of this Agreement. The BOCC shall provide the Owner a reasonable time to cure any identified deficiency(ies) prior to requesting payment from the LOC(s) or filing a civil action. f. Final Release of Security. Upon completion of all the Improvements, Owner shall submit to the BOCC, through the Building and Planning Department: 1) record drawings bearing the stamp of Owner's Engineer certifying that all Improvements have been constructed in accordance with the requirements of this Agreement, including all provisions of the Resolution of Approval, in hard copy and a digital format acceptable to the BOCC; 2) copies of instruments conveying real property and other interests which Owner is obligated to convey to the Ziegler Subdivision Homeowners' Association; and 3) a Written Request for Final Release of LOC, in the form attached to and incorporated herein as Exhibit "E," along with Owner's Engineer's Certificate of Final Completion of Improvements. The BOCC shall authorize a final release of the LOC(s) after the Imovements are certified as final to the BOCC by the Owner's Engineer and said final certification is approved by the BOCC. If the BOCC finds that the Improvements are complete, in accordance with the relevant specifications, the BOCC shall authorize release of the final amount of security within ten (10) days following submission of the Owner's Written Request for Final Release of LOC accompanied by the other documents required by this paragraph 3(g). ii. Notwithstanding the foregoing, upon Owner's Written Request for Final Release of LOC accompanied by Owner's Engineer's Certificate of Final Completion of the Improvements, the BOCC may inspect and review the Improvements certified as complete. If the BOCC does so review and inspect, the process contained in paragraph 3(e) above shall be followed. Ziegler Exemption Improvements Agreement Page 4 of 9 C.•\Documents and Settings\DaniellelLocal Settings\Temporary Internet FilesIOLK5621ZieglerSIA.doc iii. If the BOCC finds that the Improvements are complete, in accordance with the relevant specifications, the BOCC shall authorize release of the final amount of security within ten (10) days after completion of such investigation. If necessary, the BOCC may complete any remaining Improvements in accordance with process outlined in Paragraph 3(f) above. g. Substitution of Letter of Credit. The BOCC, at its sole opinion, may permit the Owner to substitute collateral other than a LOC, in a form acceptable to the BOCC, for the purpose of securing the completion of the Improvements. h. Recording of Final Plat. The Exempton Plat shall not be recorded until the security described in this paragraph 3 has been received and approved by the BOCC. 4. ROADS. All roads within the Subdivision shall be dedicated to the Ziegler Subdivision Homeowners Association to be maintained for benefit of the members thereof. The Ziegler Subdivision Homeowners Association shall be solely responsible for the maintenance, repair and upkeep of said rights-of-way, including the traveled surface of the roadways and portions of the rights-of-way outside of the traveled surface. The BOCC shall not be obligated to maintain any road rights-of-way within the Subdivision 5. INDEMNITY. The Owner shall indemnify and hold the BOCC harmless and defend the BOCC from all claims which may arise as a result of the Owner's installation of the Improvements and any other agreement or obligation of Owner related to development of the Subdivision Exemption required pursuant to this Agreement. The Owner, however, does not indemnify the BOCC for claims made asserting that the standards imposed by the BOCC are improper or the cause of the injury asserted, or from claims, which may arise from the negligent acts or omissions of the BOCC or its employees. The BOCC shall be required to notify the Owner of the BOCC's receipt of a notice of claim or a notice of intent to sue, and the BOCC shall afford the Owner the option of defending any such claim or action. Failure to notify and provide such written option to the Owner shall extinguish the BOCC's rights under this paragraph. Nothing in this paragraph shall be construed to constitute a waiver of the Sovereign Immunity granted to the BOCC by Colorado statutes and case law. FEES IN LIEU OF DEDICATION OF SCHOOL LAND. Pursuant to the Resolution of Approval, a school impact fee, as against Lots 2, 3 and 4 in the amount of $200.00 per Lot for a total fee in lieu of dedication shall be paid by Owner to the Garfield County Treasurer for remittance to the RE -2 School District. This fee in lieu of dedication shall be paid by Owner at the time this Agreement and the Exemption Plat are recorded in the records of the Clerk and Recorder for Garfield County, Colorado. The Owner agrees that it is obligated to pay the above -stated fee, accepts such obligation, and waives any claim that Owner is not required to pay the cash in lieu of land dedication fee. The Owner agrees that Owner will not claim, nor is Owner entitled to claim, subsequent to recording Ziegler Exemption Improvements Agreement Page 5 of 9 C:\Documents and SettingslDaniellelLocal SettingslTemporary Internet FilesIOLK5621ZieglerSIA.doc of the Final Plat of the Subdivision, a reimbursement of the fee in lieu of land dedication to the RE -1 School District. 6. SALE OF LOTS. No lots, tracts, or parcels within the Subdivision Exemption may be separately conveyed prior to recording of the Exemption Plat in the records of the Garfield County Clerk and Recorder. 7. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As one remedy for breach of this Agreement, the BOCC may withhold issuance of building permits for any residence or other habitable structure requiring a permit to be constructed within the Subdivision Exemption. Further, no building permit shall be issued unless the Owner demonstrates to the satisfaction of the Burning Mountain Fire Protection District ("District") that there is adequate water available to the construction site for the District's purposes. Further, the parties agree that no certificates of occupancy shall issue for any buildings or structures, including residences, within the Subdivision Exemption until all Improvements have been completed and are operational as required by this Agreement. 8. ENFORCEMENT. In addition to any rights which may be provided by Colorado statute, the withholding of building permits and certificates of occupancy provided for in paragraph 12 above, and the provisions for release of security, detailed in paragraph 3 above, it is mutually agreed by the BOCC and the Owner that the BOCC, without making an election of remedies, or any purchaser of any lot within the Subdivision Exempton shall have the authority to bring an action in the Garfield County District Court to compel enforcement of this Agreement. Nothing in this Agreement, however, shall be interpreted to require the BOCC to bring an action for enforcement or to withhold permits or certificates or to withdraw and use security. Nor shall this paragraph or any other provision of this Agreement be interpreted to permit the purchaser of a lot to file an action against the BOCC. 9. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with the terms of this Agreement, the BOCC shall have the ability to vacate the Exempton Plat as it pertains to any lots for which building permits have not been issued. As to lots for which building permits have been issued, the plat shall not be vacated and shall remain valid. In such event, the Owner shall provide the BOCC a survey, legal description and a plat showing the location of any portion of the Exemptoin Plat so vacated and shall record the plat in the Office of the Garfield County Clerk and Recorder. If such plat is not recorded by the Owner, the BOCC may vacate the plat, or portions thereof, by Resolution. 10. NOTICE BY RECORDATION. This Agreement shall be recorded in the Office of the Garfield County Clerk and Recorder and shall be a covenant running with title to all lots, tracts, and parcels within the Subdivision Exemptoin. Such recording shall constitute notice to prospective purchasers or other interested parties as to the terms and provisions thereof. 11. SUCCESSORS AND ASSIGNS. The obligations and rights contained herein shall be binding upon and inure to the benefit of the successors and assigns of the Owner and the BOCC. Ziegler Exemption Improvements Agreement Page 6 of 9 C: (Documents and Settings\DaniellelLocal SettingslTemporary Internet FilesIOLK5621ZieglerSIA.doc 12. IDENTIFICATION OF CONTRACT ADMINISTRATORS AND NOTICE PROVISIONS. All notices required or permitted by this Agreement shall be in writing and shall be deemed effective when received by the recipient party via personal or messenger service delivery, facsimile transmission or United States certified mail (postage prepaid, return receipt requested), in all cases addressed to the person for whom it is intended at the address or facsimile number set forth below: Owner: BOCC: Peregrine 08 Investments, LLC Attn: Donald Ziegler 0092 County Road 227, Rifle, CO 81650 w/copy to representative: Timothy Allen Thulson Balcomb & Green P.C. 818 Colorado Avenue Glenwood Springs, CO 81601 Board of County Commissioners of Garfield County, Colorado c/o Fred Jarman, Planning Director 108 Eighth Street, Room 401 Glenwood Springs, CO 81601 Phone: (970) 945-8212 Fax: (970) 384-3470 Owner and the BOCC hereby warrant and confirm that the representatives of the Owner and the BOCC, identified above, are the authorized representatives of the parties for purposes of contact administration and notice under this Agreement. 13. AMENDMENT. This Agreement may be modified from time to time, but only in writing signed by the parties hereto, as their interests then appear. The parties, however, may change the identification of notice recipients and contract administrators and the contact information, provided in paragraph 12 above, in accordance with the notice provisions and without formal amendment of this Agreement. 14. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which, when taken together, shall be deemed one and the same instrument. Ziegler Exemption Improvements Agreement Page 7 of 9 C: (Documents and Settrngs1DaniellelLocal SettingslTemporary Internet FilesIOLK5621ZieglerSJA.doc 15. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of or related to this Agreement shall lie with the District Court of Garfield County, Colorado, and this Agreement shall be construed according to the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have signed this Agreement to be effective upon the date of Final Plat Approval for the Subdivision. Ziegler Exemption Improvements Agreement Page 8 of 9 C: Documents and Settings\DaniellelLocal SettingslTemporary Internet Files\OLK5621ZieglerSIA.doc ATTEST: Clerk to the Board STATE OF COLORADO ) COUNTY OF GARFIELD ) ss BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO By: Chairman Date: PEREGRINE 08 INVESTMENTS, LLC By: Donald Ziegler, Manager Subscribed and sworn to before me this day of , 200, by Donald Ziegler, Manager of Peregrine 08 Investments, LLC, owner of the real property inclusive of the Ziegler Subdivision Exemption. WITNESS my hand and official seal. My commission expires: Notary Public Ziegler Exemption Improvements Agreement Page 9 of 9 C. \Documents and Settings1Danie11e1Loca1 SettingslTemporary Internet FilesIOLK5621ZieglerSIA.doc General Notes: 1) Contractor to supervise and direct work with contractors best skill and attention. Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences, and procedures and for coordinating all portions of the work 2) Contractor shall comply with all applicable federal, state, and local safety requirements. 3) Contractor shall restore or replace in kind all existing Improvements disturbed during consbudlon Including, but not limited to: asphalt, concrete, aggregate sub -base, concrete curb & gutter, concrete cross gutter, chain link fencing, street striping, landscaping, signs, and any other existing improvements lost or damaged during this construction. 4) Contractor will be responsible for calling the Utility Notification Center of Colorado at (800) 922-1987 a minimum of 3 working days prior to construction. 5) Work shown or Indicated on these plans, or called for In the specifications, but not included as pay quantity Items shall be considered Incidental work, the cost of which shall be Included In the contractor's bid for pay quantity Items. 6) The contractor shall be responsible for damage to existing utilities, pavement, curbs, traffic striping and markings, traffic signal equipment (Including detector loops), structures, trees, landscaping, and Inigation system, as a recut of contractors operations, and will be required to repair, remodel, or replace. 7) Contractor shall obtain all necessary permits and notify at utility companies a minimum of 72 hours prior to the start of construction. It shall be the responsibility of the contractor to coordinate all phases of construction with the various utility companies Involved. 8) The work site and exterior streets shall be maintained in a neat, clean, hazard free, orderly state throughout construction. Site shall additionally be cleaned upon request of the inspector. All disposals shat be at the contractor's expense. 9) The location of existing underground utilities as shown on these plans is obtained from a search of existing records. It shall be the contractors responsibility to notify respective utility providers and the UNCC to determine the exact field location of existing unties which may conflict with work The operator shall expose existing utilities far enough in advance of construction operations In order to make necessary adjustments In grade to dear these utilities. 10) Stationing refers to horizontal centerline. Street widths & curb dimensions refer to horizontal measurements unless noted otherwise. 11) No revisions to these plans shall be made without written approval of the engineer. 12) All Improvements to be removed by the contractor shall be replaced per the standard specifications. All other surface Improvements shall be protected In place, or if removed or damaged as a result of the contractors operations, shall be restored to their original conditions prior to construction. Existing landscaping Improvements shall only be removed to the extent required to construct items shown hereon, and restored as directed by the engineer after completion. 13) Contractor to notify Engineer of any existing conditions that are not shown on the available survey and design drawings that would require alteration to the engineers design. Design change approvals must be provided In writing by Engineer. 14) Contractor shall be responsible for obtaining and following all permit requirements associated with a NPDES'stormwater permit form the Colorado Department of Public Helath and Environment (CDPHE). 15) Existing conditions survey by Sexton Survey Company 08-15-08 LEGEND Property Boundary Right -of -Way Set back line - - - Proposed Lot Una - — Road Centerline -...--._-...- Flowline Proposed Easement Proposed Water Main A Proposed Water Valve e0 Proposed Signe, as noted on plans Proposed 2' major contour -__..._... Proposed 2' minor contour - - - Proposed 1' minor contour Existing major contour Erdstng minor contour ...._..-.__... -- Existing Overhead Power line Existing Power Pole O Existing Well f_l Existing Pedestal Open Space W 2008 ZEIGLER EXEMPTION 200 0 100 200 900 GRAPHIC SCALE IN FEET 1 INCH - 200 FEET This Drawing Not Valid Unless Latest Revision Initials Ara Handwritten VICINITY MAP OWNER/ DEVELOPER: PEREGRINE 08 INVESTMENTS, INC C/0 Donald Zeigler PO Box 2810 Glenwood Springs, CO 81602 PHONE: (970) 379-1280 ENGINEER: SURVEYOR: COLO 4 DO RIvtR ENGINEERING INCORPORATED P.O. BOX 1301 RIFLE, COLORADO 81650 PHONE: 970-625-4933 FAX: 970-625-4564 PROJECT ENGINEER: CHRISTOPHER MANERA, P.E. #30579 Brian Steinwinder P.L.S. Sexton Survey Company 128 West 3rd Street Rifle, Colorado 81650 970-625-3711 970-625-3160 fax SHEET INDEX SHT# TITLE 1 COVER SHEET 2 ' EXISTING SITE CONDITIONS 3 TEMPORARY TRAFFIC CONTROL ZONE 4 INTERSECTION LAYOUT 5 PLAN & PROFILE, STA: 0+00 — 5+00 6 PLAN & PROFILE, STA: 5+00 — 10+00 7 CROSS SECTION, STA: 0+00 — 5+00 8 CROSS SECTION, STA: 5+00 — 10+00 9 EROSION CONTROL DETAILS Not for Construction 11/12/08 Original Drawing Preparation No Description By Date Approved Date Ely Date Drawn EPK 11/07/08 Checked Approved Client Approved CoLoRADO RIVER F. NF.INFF RINE; PO Box 1301 Rifle, CO 81650 Tel 970-625-4933 Fax 970-625-4564 CLIENT PEREGRINE 08 INVESTMENTS, INC 0/0 Donald Zeigler PO Box 2810 Glenwood Springs, CO 81602 sHEETTITLE Cover Sheet PROJECT FILE Malan/ Profscls R21712-2ip.9981 u, ,.4w SHEET NO. OF 14 1 )`,F- V :A'.{ ' L E �`/ ; �'( ` • >y(� N ) \ �'� r I �f ii :f / �`Szib e it✓-�' •; h. t.ry.� ms, 'rte...-- . V J ��Ds»r 7• , A f gtEIill _ 1 URA .ncr.. �..—� - 1... - -y.9a •• Igol 2000 4000 - a-,^,_ IL�y 1. ra ei is ti VICINITY MAP OWNER/ DEVELOPER: PEREGRINE 08 INVESTMENTS, INC C/0 Donald Zeigler PO Box 2810 Glenwood Springs, CO 81602 PHONE: (970) 379-1280 ENGINEER: SURVEYOR: COLO 4 DO RIvtR ENGINEERING INCORPORATED P.O. BOX 1301 RIFLE, COLORADO 81650 PHONE: 970-625-4933 FAX: 970-625-4564 PROJECT ENGINEER: CHRISTOPHER MANERA, P.E. #30579 Brian Steinwinder P.L.S. Sexton Survey Company 128 West 3rd Street Rifle, Colorado 81650 970-625-3711 970-625-3160 fax SHEET INDEX SHT# TITLE 1 COVER SHEET 2 ' EXISTING SITE CONDITIONS 3 TEMPORARY TRAFFIC CONTROL ZONE 4 INTERSECTION LAYOUT 5 PLAN & PROFILE, STA: 0+00 — 5+00 6 PLAN & PROFILE, STA: 5+00 — 10+00 7 CROSS SECTION, STA: 0+00 — 5+00 8 CROSS SECTION, STA: 5+00 — 10+00 9 EROSION CONTROL DETAILS Not for Construction 11/12/08 Original Drawing Preparation No Description By Date Approved Date Ely Date Drawn EPK 11/07/08 Checked Approved Client Approved CoLoRADO RIVER F. NF.INFF RINE; PO Box 1301 Rifle, CO 81650 Tel 970-625-4933 Fax 970-625-4564 CLIENT PEREGRINE 08 INVESTMENTS, INC 0/0 Donald Zeigler PO Box 2810 Glenwood Springs, CO 81602 sHEETTITLE Cover Sheet PROJECT FILE Malan/ Profscls R21712-2ip.9981 u, ,.4w SHEET NO. OF 14 1 _A'37'°3q.0p N85°31'00"E ._ X74 JY O'ACTIjS, 4 z �Er 10 PUBLIC 1O3 SE1 sq.7y's`� w 775,295 w_ FS 417' .11' s� cal f r 17.798 acres 9°0 1111 855 PG 206.;/ r WELL LOT 1 0 _. _. _.. _. I3 -I ® WELL / IJ' oh \ -_ alfa R/J1!( LOTS 2, 3 do 4 ��87 5 q 57",;;'- F - \ 39 7 ,39' crA \13 BOUNDARY LINE \ ADJUSTMENT BOOK 1385 PACE 651 s_ 100 S89°38'03"W 1080.22' SW COR. SEC. 5 wt,\c9> FOUND WIT COR. N36'4 2'20"W 8.2' GRAPHIC SCALE 200 ,100 (1NFeet I 1 inch 100 It. N08°40 44"E 80.00' N81g9'I¢„ 57.00 M 1 N81 °19 '16'.1y 1 304.97' NO8'40'44"E ��L-- 40.00' N891 64186., 3„ Ll, lfelOS 2 146,446 sq. ft. 3.362 acres 328_80_ \ ,s"�cn 186.67' N87°59'00"W 31145 HIGHWAY 6 AND 24 ADDRESS APPARENT ACCESS TO BE REMOVED UPON COMPLETION & APPROVAL OF NEW ACCESS N08'40'44"E 40.00' ••�� OD: 376 41"--- ` � ......- �� • N82°45'00"W \`:.� 39 7.35•' — - FOUND REBAR & CAP W.C. PLS' 20930 N30'37'14"W 52.5' NB1 79'16,. —'_ — N87 08'10" O7W ---- 333.34 _Nr1°08_10"W l SOr27'SrE 174. 7p . 32 _4. 7' y1 LZ L4 30.47' 150.07' 3 231,04 2 sq. ft. 5.304 acres STATE HIGHWAY ACCESS PERMIT No. 308123 TM" a�.,e,r.v+raw*w.v..-wi,y ww wra M,u...w„w.yw.y,..., w,,r+I-r-.....0.,••^•-•-.— 2.847± AC. HIGHWAY 6 AND 24 1,796,454 sq. ft. OUTSIDE OF ROW FENCE NOT TAKEN OFF TOTAL AC. EDGE OF PAVEMENT TNs Drawing Not Valid Unless Latest Revision Initials Ne Handwritten \NS9. O \00., I' II' 2sv\4' \�. 11 N83°1=5-fr 790.30.- \:- CACTUS VALLEY DITCH *e3,9 40•, 4 643,814 sq. ft. 14.780 acres N88°00:00".W 849.20 • 603242' - 43 \ ` 23 44 oIo - o co ff' 0 N8317 00-r- 615. -J t for Construction 11 /11/08 Original Drawing Preparation No Descdplion By Date Approved Date By Date Drawn A\ Checked EPK CM 11-2-08 Approved Client Approved COLORADO RI '< ENGINECC Nfi PO Boz 1301 Rifle, CO 81650 Tel 970.625-4933 Fax 970-625-584 CLIENT PEREGRINE 08 INVESTMENTS, INC. do Donald Zeigler PO Boz 2810 Glenwood Springs, CO 81602 SHEET TITLE EXISTING SITE PROJECT 712- Zeigler Exemption FILE M:1La,N PrO 0S RZ\T12Ze9IeTS WOESIGN.Ao 01a:ET NO. 0E0 2 A N08°40'44"E 80.00' N08°40'44"E 40.00' 1V81°19'16- w 64.18' LOT -2 so 23 GRAPHIC SCALE END ROAD WORK G20 -2A (36"x 18.) I ••=0 0 ROAD WORK AHEAD W20-1 (45x 48) ( IN FEET ) 1 inch 50 ft. ... N08°40'44"E 40.00' • N81°19'16"W LOT -1 N81°08'10"r • — aLa S01°27 '51,"E 30.47 B2 LOT -3 u4rs ••••• SHOULDER WORK SPACE .. . . : . 0 ••••• ••••• I .•••• 40.00 DRIVEWAY, UTIUTY & DRAINAGE EASEMENT -b... op co TEMPORARY CHANNELIZING TAPER 46' 225' • mi MAINTAIN A MINIMUM OF 10 FOOT LANE WIDTH SUBDIVISION BOUNDARY LOT -4 EXISTING FENCE UNE _LINE OF SIGHT LOT UNE 81 moal•••••••=31333.••••1011•1•1•••••=m113•=1.3malimm. TEMPORARY CHANNELIZING DEVICE (TYP) • • • NOTES: 1. COLORADO STATE HIGHWAY 6 & 24 POSTED SPEED LIMIT 55 MPH, THIS VICINITY. 2. REQUIRED 81 SIGHT DISTANCE = 550 ft (Table 4-1 Colorado Stote Highway Access Code) ACTUAL 191 SIGHT DISTANCE GREATER THAN 1500 ft. 3. REQUIRED E32 SIGHT DISTANCE = 550 ft (Table 4-2 Colorodo State Highway Access Code) ACTUAL 02 SIGHT DISTANCE GREATER THAN 2000 it 4, DURING ACCESS CONSTRUCTION, NO CONSTRUCTION PERSONNEL VEHICLES WILL BE PERMITTED TO PARK IN THE STATE HIGHWAY RIGHT—OF—WAY. 5. DURING ACCESS CONSTRUCTION, NO WORK WILL BE ALLOWED AT NIGHT, SATURDAYS, SUNDAYS, OR LEGAL HOUDAYS OR ADVERSE WEATHER CONDITIONS WITHOUT PRIOR AUTHORIZATION FROM THE COOT. 6. ALL WORK WITHIN THE STATE HIGHWAY RIGHT—OF—WAY WILL BE COMPLETED IN AN EXPEDITIOUS AND SAFE MANNER AND SHALL BE COMPLETED VATHIN 45 DAYS FROM INITIATION OF CONSTRUCTION. 7. RECONSTRUCTION OF ALL AREAS DISTURBED IN STATE HIGHWAY RIGHT—OF—WAY SHALL MEET CDOT STANDARD SPECIFICATIONS FOR TOPSOIL, FERTILIZATION, MULCHING. AND RESEEDING. This Drawing Not Valid Unless Latest Revision Initials Are Handwritten PROPERTY BOUNDARY UNE ko‘ 30579 V/7 kj3i .'; % * Not fbeConstruction 11/12/08 • • • • • • \ • \ • ROAD WORK AHEAD W20-1 (48"x 48-) H WY 6 & 24 _ END ROAD WORK G20 -2A (36's 18') Original Drawing Prepa ation No. A 74 Description By Date Approved Date By Date Dram EPK 11-2-08 Checked CM Approved client Approved COLORADO IVER IR ENGINEERING 11130330•3330 CLIENT PEREGRINE 08 INVESTMENTS, INC. PO Box 1301 do Donald Zeigler Rifle, 00 81850 PO Box 2810 Tel 970.625-4933 Glenwood Springs, 00 81602 Fax 970-625-4564 PROJECT 712- Ziegler Exemption SFIFET11TLE TEMPORARY TRAFFIC CONTROL ZONE FILE MALand Pre+sces RiVI,ZiegbAdwpIP-OESION.6ng SHEET NO. OF 0 3 A LOA I 4.0' Ditch Shoulder 1.0 2.0' 40' JOINT DRIVEWAY EASEMENT 8.0' 3% Slope Shoulder 8.0' _ 2.0' 3% Slope l( ijFi 3 2H 4.0' Ditch 3 El11=;II1=11177111=111=H I 11 — 6" CLASS 6 COMPACTED 1) Strip all topsoil, scarify and recompact subgrade below topsoil layer a minimum of 12" depth to 95% Standard Proctor. 2) Road Base to be placed and compacted to 95% Standard Proctor. 3) Road structure and subgrade design preliminary. Road section subject to change dependent on soil conditions exposed during excavation 4) Final road section design to be based upon recommendation of geotechnical engineer. TYPICAL JOINT DRIVEWAY SECTION NOT TO SCALE LOT 3 X PROPOSED UNDERGROUND TELEPHONE PROPOSED UNDERGROUND ELECTRIC 2.38' CENTER UNE ANGLE POINT EXISTING FENCE TO BE TERMINATED 10—FT OUTSIDE OF DRIVEWAY EASEMENT (BOTH SIDES) ASSUMED HIGHWAY R. O. W. 35' OFFSET FROM CENTER EDGE OF EXIS1NG PAVEMENT 111111 •1 0 x 3 Qtt EXISTING TELEPHONE PEDESTAL L1' STOP S1-1 RION ►-16 1t00 40.0' ti A END OF ASPHALT STA 0+60 2' SHOULDER 11 �•J X X VARIES Ditch 2.0' Shoulder 596 Slope VARIES Transition Cross Slope to 296 Slope EXISTING POWER POLE X VARIES Match Highway 6 & 24 296 Slope — 2.0' Shoulder 596 Slope IIII II 'ITIII —II nIr�IIIIT,I,lll,l II III 11Illllf I ) I 1 4" HMA placed in two 2" lifts 6" Class 6, compacted ABC placed in two 3" lifts Sub Base Class 3, Compaction to comply with CDOT Sec. 203.08 Standard Speafloations VARIES Ditch DRIVEWAY SECTION AT HIGHWAY INTERSECTION NOT TO SCALE LOT 4 X STREET SIGN —20.0'- 10:1 TAPER SAW CUT 20.0' 10:1 TAPER '0 MATCH EXISTING EDGE OF PAVEMENT EDGE OF EXISTING PAVEMENT X HIGHWAY 6 & 24 _ I PROPERTY BOUNDARY ■ II•�� >~...r............... ". a..a,._144.....W...Wassa.="..,s.....,y...,d+.,.. .. „...., X X 1111111111111•1111 1 ■1■■1 ■1 GRAPHIC SCALE ( 16 FEET ) 1 inch = 10 ft Not for Construction 11/12/08 This Drawing Not Valid Unless Latest Revision Initials Are Handwritten Original Drawing Preparation No Desc0ption By Date Approved Date By Date Drawn 7?? 77-7? A A A Checked Approved Client Approved COLORADO Re's ENSINEERvNe LXCO " PO Box 1301 Rifle, CO 81650 Tel 970-625-4933 Fax 970-625-4564 CLIENT PEREGRINE 08 INVESTMENTS, INC. c/o Donald Zeigler PO Box 2810 Glenwood Springs, 0081602 sNEETTTIE INTERSECTION LAYOUT PROJECT 712- Ziegler Exemption FILE M:LLand Projects R 1712, oI rktv4P.0ESIGN.dg stIEET 00. OF 4 R_i 5+00 LOT 1 GRAVEL DRI WAY & TURNARO ' D ROSION FILTER LOG 1 LOT 4 ELEVA 40' JOINT DRIVEWAY, UTILITY AND DRAINAGE EASEMENT 16' GRAVEL JOINT DRIVEWAY 61TH 2' SHOULDERS ELEVATION UM ELEV 375.00 ■ ASPHALT INTERSECTION SILT FENCE O 12" D50 RIPRAP INV o 5385.75 ■ 031 „3s 1311--1311 40 - 00+0 I PRI 'TE WATER MAIN 31 SUS 33n —o_113n . 33 135 11 PROPOSED UNDERGROUND UTILITIES LOT 3 3133 335 '1311 35 31302130 mas 1311 LOW POINT EL=5387.26 INV=5386.75 END OF PAVEMENT STA: 0+60 EXISTING TELEPHONE PEDESTAL �.� Aj FIEG/ i• EXISTING CULVERT AND FIE1D .ROAD TO BE REMOVED Of This Drawing Not Valid Unless Latest Revision Initials Are Handwritten Original Drawing Preparation No. Description By Date Approved Date A 0 Drawn By 7'7 Date 1? -7? Checked Approved Client Approved croOLmD) r; ENGINEERING PO Box 1301 Rifle, CO 81650 Tel 970-625-4933 Fax 970-6254564 CLIENT PEREGRINE 08 INVESTMENTS, INC. Go Donald Zeigler PO Bax 2810 Glenwood Springs, C0 81602 I 11 s11EET TITLE 11/11/08 S'HEETNO. CFO PLAN & PROFILE PROJECT 712 -Ziegler Exemption FILE M:1lan4 Projeds RP712.ZiagleMvgO.OESIGN.Mq 5 5404 LOW LON POINT ELEV = 5387,26 POINT STA = 1+68.57 PVI STA = 1+40 PW ELEV = 5386.92 PVI STA = 0+75 PV1 ELEV = 5390.82 A.D. _ -4.00 K = 10.00 �— 40.00' VC —y 5402 5400 50.00' VC - PVI PVI STA = 4+39.728 100.00' VC PVI STA = 3+41.25 - 5388.93 - A.D. - 7.00 K = 11.43 � SI i° of r al 5398 ar F, o A.D.= -2.25532 .D. = r K = � 22.22 „L • n c+ n Y PVI ELEV A.D. = 2.00 80.00' VC N n m vs .+ + n O o m n al 5396 y w.c.i « r8 m N Li m r8 w • 'I Uw K 50.00 N^ + m n - o V r n Inn PROP Jm o SED GRADE 64 > co rii ii•' u, m 0% _ m -2.OL' —' -5392 - 5394 5390 3.OR w w. 5388 ---A i.OR_ 0 _. �_ -- _ —�� D \-- ::: 18" ADS N -12x 50' O 1:0R' PROPOSED PRIVATE WATER MAIN CROSSING EXISTING GRADE 5382 5380 - - 5370 537E DAT 5 01 Y om I.l ,.,,i 22 ul �'". oo wen "n m ort, vlm n 0, pm uia �m nn ^.m ^m nn 2m cr mn m nn venni m 1+00 Pt oh us rn „., 0+00 us 2+00 �� 3+00 EXISTING CENTERLINE ,,,..„ „ru.rol Mc 5+00 LOT 1 GRAVEL DRI WAY & TURNARO ' D ROSION FILTER LOG 1 LOT 4 ELEVA 40' JOINT DRIVEWAY, UTILITY AND DRAINAGE EASEMENT 16' GRAVEL JOINT DRIVEWAY 61TH 2' SHOULDERS ELEVATION UM ELEV 375.00 ■ ASPHALT INTERSECTION SILT FENCE O 12" D50 RIPRAP INV o 5385.75 ■ 031 „3s 1311--1311 40 - 00+0 I PRI 'TE WATER MAIN 31 SUS 33n —o_113n . 33 135 11 PROPOSED UNDERGROUND UTILITIES LOT 3 3133 335 '1311 35 31302130 mas 1311 LOW POINT EL=5387.26 INV=5386.75 END OF PAVEMENT STA: 0+60 EXISTING TELEPHONE PEDESTAL �.� Aj FIEG/ i• EXISTING CULVERT AND FIE1D .ROAD TO BE REMOVED Of This Drawing Not Valid Unless Latest Revision Initials Are Handwritten Original Drawing Preparation No. Description By Date Approved Date A 0 Drawn By 7'7 Date 1? -7? Checked Approved Client Approved croOLmD) r; ENGINEERING PO Box 1301 Rifle, CO 81650 Tel 970-625-4933 Fax 970-6254564 CLIENT PEREGRINE 08 INVESTMENTS, INC. Go Donald Zeigler PO Bax 2810 Glenwood Springs, C0 81602 I 11 s11EET TITLE 11/11/08 S'HEETNO. CFO PLAN & PROFILE PROJECT 712 -Ziegler Exemption FILE M:1lan4 Projeds RP712.ZiagleMvgO.OESIGN.Mq 5 0.75% EXISTING GRADE - 0.75% PROPOSED GRADE PRIVATE WATER MAIN PROPOSED GRADE 0 e • U w w 0.758 _ 50.00' VC STA = 4+39.72 ELEV = 5391.88 A.D. = -2.25 n K = 22.22 m + n EXISTING GRADE LOT 1 13ll0TN 10+00 EASEMENT U 42. R n 0) rn m N m 0 °‘," ri 6+00 5+00 Co m 0 3.0$ 5404 5402 5400 5398 5396 5394 5392 5390 5388 5386 5384 5382 5380 5378 5376 DA TUJI ELEV 5375.00 00 ;ern 4+00 8+00 9+00 MARSH AREA MAY REQUIRE SUBCUT, REVIEW WITH ENGINEER AFTER EXPOSED EASEMENT LINE 396 7-1-00 ER090N FILTER LOG LOT 1 PRIVATE WATER MAIN 5395 GRAPHIC SCALE 20 5393 ,/,, ( IN FEET ) 1 inch = 20 fl EASEMENT UNE 13 GRAVEL JOINT DRIVE LOT 2 LOT 3 No This Draveng Not Valid Unless Latest Revision Initials Are Handwritten Approved Description By Date Date Original Drawing Preparation Drawn Checked Approved By ??? Date ??-?? Client Approved COLORADO � r•� ENSINEERI N8 PO Box 1301 Rifle, CO 81650 Tel 970-625-4933 Fax 970-625-4564 tae 'moo Not for Constr CLIENT PEREGRINE 08 INVESTMENTS, INC. c/o Donald Zeigler PO Box 2810 Glenwood Springs, CO 81602 PROJECT 712- Ziegler Exemption SNEETTT.E n PLAN & PROFILE FILE M:_0 d Projeda R2\J12d1291eNlw25,21ESIGN.drq 539 7. 1/11/08 SHEET NO. OF0 5390 5389 5388 5387 5386 5385 5384 5392 5391 5390 5389 5388 5387 5386 5385 5384 5394 5393 5392 5391 5390 5389 5388 5387 5386 5385 5384 5393 5392 5391 5390 5389 5388 5387 5386 5385 1+50 ROW ROW Grave I Drive 10 ro Imo) t0 — 20 ROW 0 20 1+00 ROW —20 ROW 0 20 0+50 ROW END Slopes Typical of Drive STA: 0+6 5% 2% 5%3% _ 3% 5% ., `V __. G N _ N n - w r - ro o no INV=5386 75 r) in N) in —20 ROW 0 20 0+50 ROW — 20 0 20 0+30 5390 5389 5388 5387 5386 5385 5384 5392 5391 5390 5389 5388 5387 5386 5385 5384 5394 5393 5392 5391 5390 5389 5388 5387 5386 5385 5384 Transition Slope to Match Highway 5% 2% _ 2% 5% N ro ra r ro 10 — 40 —20 0 20 40 *onto v. `.. e.nw rw On.... des. f.wtrn.e. 5392 5391 5390 5389 5388 5387 5386 5391 5390 5389 5388 5387 5386 5385 5391 5390 5389 5388 5387 5386 5385 5384 5393 5392 5391 5390 5389 5388 3+50 ROW ROW V) no r7 10 ai —20 0 20 3+00 ROW ROW r ea no r) Ln Ni ro 10 —20 ROW 0 20 2+50 ROW rn no r7 10 N 0 ca co 10 —20 5391 5390 5389 5388 5387 5386 5385 5384 0 20 5392 5391 5390 5389 5388 5387 5386 5391 5390 5389 5388 5387 5386 5385 5391 5390 5389 5388 5387 5386 5385 5384 2+00 ROW ROW r ro 10 10 —20 0 20 5391 5390 5389 5388 5387 5386 5385 5384 5+50 ROW 5396 ROW5396 5395 5395 5394 5394 5393 — — 5393 5392 — 5392 5391 co r 5391 (NI N 5390 5390 r0 ra 5389 10 10 5389 20 5396 5395 5394 5393 5392 5391 5390 5389 5388 5395 5394 5393 5392 5391 5390 5389 5388 5393 5392 5391 5390 5389 5388 5387 — 20 0 5+00 ROW ROW N rn 10 N 01 lr) 10 — 20 0 20 4+50 ROW ROW 0 0) 10 10 cri ,\7 V) 10 —20 ROW 0 +00 20 ROW ro 0 rn 10 rn (0 d rn 10 — 20 0 5396 5395 5394 5393 5392 5391 5390 5389 5388 5395 5394 5393 5392 5391 5390 5389 ������ 5388 ���G� 4(„3 5393 /+ y a /` 5.. ri 5392 -c.., (�.6 .:.;iL.0‘ 1- "< -: ..... `fir, :33:10 . ''LE 5389 5388 5387 Not for Construction 11/11/08 This Drawing Not Valid Unless Latest Revision Initials Ne Handwritten Original Drawing Preparation No. Description By Date Approved Date By Date Drawn 777 77-77 Checked tit Approved Client Approved CoLoRADO RIVER 88E188E8186 CLIENT PEREGRINE 08 INVESTMENTS, INC. PO Box 1301 do Donald Zeigler Rifle, CO 81650 PO Box 2810 Tel 970-625-4933 Glenwood Springs. CO 81602 Fax 970-625-4564 PROJECT 712- Ziegler Exemption SHEET/11LE CROSS SECTIONS OLE M:1Land Pmietla R2V13ZieeleMi erP-0ESIGN.Mq SHEET NO. OF a END OF ASPHALT STA: 0+6 5% 2% 18" ADS—N12 x 50• w INV=5386 75 0 r-:.--: ro INV=5385.75 r) inin r) — 20 0 20 0+30 5390 5389 5388 5387 5386 5385 5384 5392 5391 5390 5389 5388 5387 5386 5385 5384 5394 5393 5392 5391 5390 5389 5388 5387 5386 5385 5384 Transition Slope to Match Highway 5% 2% _ 2% 5% N ro ra r ro 10 — 40 —20 0 20 40 *onto v. `.. e.nw rw On.... des. f.wtrn.e. 5392 5391 5390 5389 5388 5387 5386 5391 5390 5389 5388 5387 5386 5385 5391 5390 5389 5388 5387 5386 5385 5384 5393 5392 5391 5390 5389 5388 3+50 ROW ROW V) no r7 10 ai —20 0 20 3+00 ROW ROW r ea no r) Ln Ni ro 10 —20 ROW 0 20 2+50 ROW rn no r7 10 N 0 ca co 10 —20 5391 5390 5389 5388 5387 5386 5385 5384 0 20 5392 5391 5390 5389 5388 5387 5386 5391 5390 5389 5388 5387 5386 5385 5391 5390 5389 5388 5387 5386 5385 5384 2+00 ROW ROW r ro 10 10 —20 0 20 5391 5390 5389 5388 5387 5386 5385 5384 5+50 ROW 5396 ROW5396 5395 5395 5394 5394 5393 — — 5393 5392 — 5392 5391 co r 5391 (NI N 5390 5390 r0 ra 5389 10 10 5389 20 5396 5395 5394 5393 5392 5391 5390 5389 5388 5395 5394 5393 5392 5391 5390 5389 5388 5393 5392 5391 5390 5389 5388 5387 — 20 0 5+00 ROW ROW N rn 10 N 01 lr) 10 — 20 0 20 4+50 ROW ROW 0 0) 10 10 cri ,\7 V) 10 —20 ROW 0 +00 20 ROW ro 0 rn 10 rn (0 d rn 10 — 20 0 5396 5395 5394 5393 5392 5391 5390 5389 5388 5395 5394 5393 5392 5391 5390 5389 ������ 5388 ���G� 4(„3 5393 /+ y a /` 5.. ri 5392 -c.., (�.6 .:.;iL.0‘ 1- "< -: ..... `fir, :33:10 . ''LE 5389 5388 5387 Not for Construction 11/11/08 This Drawing Not Valid Unless Latest Revision Initials Ne Handwritten Original Drawing Preparation No. Description By Date Approved Date By Date Drawn 777 77-77 Checked tit Approved Client Approved CoLoRADO RIVER 88E188E8186 CLIENT PEREGRINE 08 INVESTMENTS, INC. PO Box 1301 do Donald Zeigler Rifle, CO 81650 PO Box 2810 Tel 970-625-4933 Glenwood Springs. CO 81602 Fax 970-625-4564 PROJECT 712- Ziegler Exemption SHEET/11LE CROSS SECTIONS OLE M:1Land Pmietla R2V13ZieeleMi erP-0ESIGN.Mq SHEET NO. OF a 5397 5396 5395 5394 5393 5392 5391 5390 5397 5396 5395 5394 5393 5392 5391 5390 5396 5395 5394 5393 5392 5391 5390 5396 5395 5394 5393 5392 5391 5390 5389 ROW 7+ 50 ROW 0 rn r) 10 N rn to -20 ROW 0 7+00 ROW 20 CO rn Imo) CO rn to 10 -20 0 ROW 6+50 20 -20 0 20 ROW 6 + 0 0 ROW Js Co N rn r7 10 rn 0 N rn 10 -20 0 20 5397 5396 5395 5394 5393 5392 5391 5390 5397 5396 5395 5394 5393 5392 5391 5390 5396 5395 5394 5393 5392 5391. 5390 5396 5395 5394 5393 5392 5391 5390 5389 5398 5397 5396 5395 5394 5393 5392 5398 5397 5396 5395 5394 5393 5392 5391 5398 5397 5396 5395 5394 5393 5392 5391 5398 5397 5396 5395 5394 5393 5392 5391 nv•• s.+v. l.w k4 eww so.. mm 1.041 w r4 yn e..• vwxu w.v a.+v 1•...0hv.•V.n'+.n, M 41 r •w M •••••• u. w. No ROW 9+50 ROW 0 Q1 10 N tri -20 0 20 ROW 9+00 ROW 0 cci rn 70 1n 70 tri 70 -20 0 20 ROW 8+50 ROW r7 10 -20 0 20 ROW 8+00 ROW 70 tri 01 M 70 Lai 10 -20 0 20 This Drawing Not Valid Unless Latest Revision Initials Am Handvdtten 5398 5397 5396 5395 5394 5393 5392 5398 5397 5396 5395 5394 5393 5392 5391 5398 5397 5396 5395 5394 5393 5392 5391 5398 5397 5396 5395 5394 5393 5392 5391 ROW 5399 5398 5397 5396 5395 5394 5393 5392 Original Drawing Prepa anon • 10+00 EAC:;\ ��•t ROW 5399 5398 EX STING GRADEPROPOSED GRADE 5% 3%_ 3% 5% --- - o co 0 �- �e Nr r7 01 N) a) ,G 1% N') in r) in -20 0 20 ROW 6 + 0 0 ROW Js Co N rn r7 10 rn 0 N rn 10 -20 0 20 5397 5396 5395 5394 5393 5392 5391 5390 5397 5396 5395 5394 5393 5392 5391 5390 5396 5395 5394 5393 5392 5391. 5390 5396 5395 5394 5393 5392 5391 5390 5389 5398 5397 5396 5395 5394 5393 5392 5398 5397 5396 5395 5394 5393 5392 5391 5398 5397 5396 5395 5394 5393 5392 5391 5398 5397 5396 5395 5394 5393 5392 5391 nv•• s.+v. l.w k4 eww so.. mm 1.041 w r4 yn e..• vwxu w.v a.+v 1•...0hv.•V.n'+.n, M 41 r •w M •••••• u. w. No ROW 9+50 ROW 0 Q1 10 N tri -20 0 20 ROW 9+00 ROW 0 cci rn 70 1n 70 tri 70 -20 0 20 ROW 8+50 ROW r7 10 -20 0 20 ROW 8+00 ROW 70 tri 01 M 70 Lai 10 -20 0 20 This Drawing Not Valid Unless Latest Revision Initials Am Handvdtten 5398 5397 5396 5395 5394 5393 5392 5398 5397 5396 5395 5394 5393 5392 5391 5398 5397 5396 5395 5394 5393 5392 5391 5398 5397 5396 5395 5394 5393 5392 5391 ROW 5399 5398 5397 5396 5395 5394 5393 5392 Original Drawing Prepa anon • 10+00 EAC:;\ ��•t ROW 5399 5398 Description BY Date Approved Date BY Date Drawn /v\ 7?? 7?-?? Checked Approved Client Approved -40 ENGINEERo NG -20 PO Box 1301 Rifle, CO 81650 Tel 970-6254933 Fax 970-625-4564 0 20 40 Not for Construction CLIENT PEREGRINE 08 INVESTMENTS, INC. do Donald Zeigler PO Box 2810 Glenwood Springs, CO 81602 SHEET 'TITLE CROSS SECTIONS 5397 5396 5395 5394 5393 5392 60 11/11/08 PROJECT 712- Ziegler Exemption P105 MiInd Rapes R2171221•Ele,* p0ESIGNbq SHEET NO. OF 0 8 Revision ANI EX STING GRADEPROPOSED GRADE 1% co e tri rn 6 Cli LC) Ln Description BY Date Approved Date BY Date Drawn /v\ 7?? 7?-?? Checked Approved Client Approved -40 ENGINEERo NG -20 PO Box 1301 Rifle, CO 81650 Tel 970-6254933 Fax 970-625-4564 0 20 40 Not for Construction CLIENT PEREGRINE 08 INVESTMENTS, INC. do Donald Zeigler PO Box 2810 Glenwood Springs, CO 81602 SHEET 'TITLE CROSS SECTIONS 5397 5396 5395 5394 5393 5392 60 11/11/08 PROJECT 712- Ziegler Exemption P105 MiInd Rapes R2171221•Ele,* p0ESIGNbq SHEET NO. OF 0 8 Revision ANI w a NOT LESS THAN B'stOP INOT LEIS THAM REFERANCE SEE PLAN FOR CORRECT SIGN Breakaway U -channel w/4' overlap. Both sec6ona of Uchennel to have a minimum strength of 2 Ib/ft. Safety splice support Syrter or equal. 4" overlap 3' min bury depth TRAFFIC SIGN DETAILS (NOT TO SCALE) Dimensions of signs and installation may be ad/usted ham that shown herein as long ea they meet design guidegnes o/ the MUTCD 091 TYPICAL SIGN PLACEMENT NOT TO SCALE SILT FABRIC STAPLED TO POSTS SILT FENCE FABRIC ANCHORED IN TRENCH AND ATTACHED FIRMLY TO POST 10' POST (2' x 2' NOMINAL) 24' MIN. B'x 6' TRENCH 42' MIN. COMPACTED BACKFILL r•OW SILT FENCE SILT FENCE FABRIC ANCHORED IN TRENCH AND FIRMLY ATTACHED TO POST .--0440111.44.011C41141 aa1.4 a.Nlaemnewer 41444.14 lcgge rTJACWET CROSS SECTION OF OUTLET SEDIMENT TRAP NS 10 Sou DITCH FLOWLINE FLOW REMOVE ACCUMULATED SEDIMENT ,�--�-- EROSION LOG STAKED ("PLAN INTO SLOPE r`/ STAKES APPROXIMATLEY 90' TO EACH OTHER NOTE REMOVE ACCUMULATED SEDIMENT WHEN R REACHES ONE HALF OF PROTECTION FEATURE HEIGHT. INSPECTION SHALL BE PERFORMED CONTINUOUSLY C2 SWALE EROSION FILTER LOG PLACEMENT 9 901" TO SCALE BACK FlLL MATERIAL (COMPACT SOIL TO PREVENT PIPING) O PLACE AND STAKE EROSION BALES. STAKE (2' X 2' NOMINAL) FLOW POINT TO TIE IN ADDITIONAL INLET PROTECTION SEE ADDITIONAL DETAILS FOR INLET PROTECTION - IN THIS LOCATION O EXCAVATE THE TRENCH. WEDGE LOOSE STRAW BETWEEN BALES Q BALES MUST BE TIGHTLY ABUTTING WITH NO GAPS RUNOFF H I��111 I�III�' 11� � LI 111= 1' �I1=1�1=111 IILIII TWINE / WIRE STAKE STAKED AND ENTRENCHED EROSION BALE TWINE/WIRE FILTERED RUNOFF 12' MIN. 4' MIN. EROSION BALE TRENCHING AND STAKING (TYP) BALE WIDTH This Drawing Not Valid Unless Latest Revision Initials Are Handwritten Description FLOW EROSION LOG STAKED INTO FILL SLOPE PLAN VIEW NOTE 0 REMOVE ACCUMULATED SEDIMENT WHEN R REACHES ONE HALF OF PROTECTION FEATURE HEIGHT. INSPECTION SHALL BE PERFORMED CONTINUOUSLY STAKES APPROXIMATLEY 90' TO EACH O7R TYPICAL EROSION LOG PLACEMENT NOT TO SCALE Place dprap on aides of channel up to top d pipe elevation. Flared culvert end 12'1350 dprap 1.3' thickness. extend minimum 10' beyond outtalk on channel bottom and aides. Filter Fabric, Mirae N-180 or equiv. 3/4' Screened rock, 9' Thick EDTYPICAL CULVERT OUTFALL & RIPRAP DETAIL �,.._I Place trap on sides of channel up to top of pipe elevation. Extend minimum 10' past outfall. KEYED INTO FILL SLOPE TOE OF FILL EROSION BALES CD WOOD STAKES (2' x 2' MINIMUM) EROSION BALES ARE TO BE ENTRENCHED 4 INCHES INTO THE SOIL, TIGHTLY ABUTTING WITH NO GAPS, STAKED AND BACK FILLED AROUND THE ENTIRE OUTSIDE PERIMETER. PLAN VIEW CULVERT EROSION BALE INLET PROTECTION flolTo 8.1 SEDIMENT REMOVAL SHALL BE PERFORMED CONTINUOUSLY FOR PROPER FUNCTION. Select material, or Class 6 ABC In roadway crossings, 95% std density 0 CULVERT PIPE TRENCH y..l ADS Culvert Water Tight Joints. See plan sizes and grades. Pea gravel bedding or Class 6 ABC Exist ground Flared end on culled 12' D50 dpmp 1.3' thickness. extend minimum 12 beyond outran on channel bottom end alder,. TYPICAL CULVERT OUTFALL AND RIPRAP CULVERT FLOW 3/4' Screened rock, 9' Thick Filler Fabric, Miroll N-180 or equiv. Not for Construction 11/11/08 Original Drawing Preparation By Date Approved Date Drawn Checked Approved By EPK CM Date 11-2-08 Client Aooroved COLORADO RIVER R MRI N C F D 1 4 r PO Box 1301 Rifle, CO 81650 . Tel 970-625-4933 Fax 970-625-4564 CLIENT PEREGRINE 08 INVESTMENTS, LLC c/o Donald Zeigler 0092 County Rd 227 Rifle, CO 81650 PROJECT SHEET TITLE EROSION CONTROL DETAILS FILE M:LLand Pro1eo1. R21710Ziy l,$4 004141.&.., SHEET NO. OF 14 Table 1 - Ziegler Subdivision Exemption Engineers Estimate of probable construction Completion costs - CDOT Access permit Improvements at HWY 6 & 24 I Construction Costs (all items are constructed in place) QTY units Unit Cost Est. Cost 'Mobilization 11 LS $1,000.00 $1,000 Grubbing, Stormwater BMP's 1 LS $3,000.00 $3,000 Traffic Control Plan 1 LS $5,000.00 $5,000 Structural Fill 4441 CY $10.00 $4,440 Work in 50 I.f 18" Culvert, FES, Rip Rap 1 LS $2,500.00 $2,500 ROW Asphalt road base 6" ABC, Class 6 681 ton $38.00 $2,584 Asphalt 4" 45 ton $120.00 $5,400 Stop sign 1 ea $500.00 $500 Revegetation, Restoration of Grounds 1 LS $2,000.00 $2,000 Construction Subtotal $26,424 Contingency 10% $2,642 Engineering, Surveying, Construction Inspection, As -built package 8% $2,114 Total $31,180 This summary of probable construction costs was prepared for estimating purposes only in support of the development of security for future work. Estimates are based on current market conditions and the preliminary design construction drawings. 12/23/2008: 1 of 1 • U l 3p519 t�, y M: \CREj obfiles\712-Ziegler\CostEst.xls IRREVOCABLE STANBY LETTER OF CERDIT Reference #: Amount: Date of Issue: Expiration Date: BENEFICIARY: Board of County Commissioners of Garfield County ("Beneficiary" or "BOCC") 108 E. 8th Street, Suite 213 Glenwood Springs, CO 81601 ACCOUNT PARTY/Applicant: Establishment/Face Amount/Purpose/Expiration Date/Transferability We hereby establish/issue/open, at the request of the Applicant/Account Party, Irrevocable Standby Letter of Credit No. , in an amount not to exceed $ Thousand, Hundred Dollars and Cents. The purpose of this letter is to secure the Applicant/Account Party's performance of and compliance with the agreement between Applicant/Account Party and Beneficiary, dated and titled (" Improvements Agreement"). This Letter of Credit expires at Bank, at p.m. Mountain Standard Time on ,2009. This letter is not transferable. Partial Releases Partial draws are [are not] permitted. The BOCC may [may not] authorize periodic reductions in the face amount of this Letter of Credit [If Bank requires Reduction Certificates: and, if so authorized, the revised face amount of the Letter of Credit shall be evidenced by a separate Reduction Certificate, approved and executed by the BOCC or the BOCC's authorized representative] . Conditions for Payment to Beneficiary Drafts submitted by Beneficiary must be accompanied by the following documents: 1. Beneficiary's signed statement executed by the Chairman of the BOCC or the BOCC's authorized designee stating: Subdivision Exemption is in default of its obligations set Improvements Agreement between , developer of forth in that certain and the BOCC, dated , and recorded as in Book at Page Records of the Office of the Garfield County Clerk and Recorder. Reception Number of the Real Estate 2. The original Letter of Credit, endorsed on the reverse side with the words: "Drawn by the Board of County Commissioners of Garfield County, Colorado in the amount of $ ," manually signed by the Chairman or the BOCC's authorized representative. Page 1 of 2 Cancellation This Letter of Credit and amendments, if any, must be returned to us for cancellation by Applicant/Account Party with a statement signed by the Beneficiary stating: "This Letter of Credit is no longer required by the BOCC and is hereby returned to the issuing bank for cancellation." Issuer's Undertaking We hereby agree to honor each draft drawn under and in compliance with the terms of this Letter of Credit if presented, together with the documents above specified, to Bank, on or before the date of expiration identified above. The letter is issued subject to the Uniform Customs and Practices for Documentary Credit ( Revision), International Chamber of Commerce Publication Number 500 and the Uniform Commercial Code at C.R.S. §4-1-101 et seq., as amended. Bank By Name Title THIS IS A FORM DOUCMENT. BANKS USE DIFFERENT FORMATS AND DIFFERENT TERMS TO IDEMTIFY ISSUER, APPLICANT AND BENEFICIARY. ASK YOUR BANK TO ADDRESS THE MATTERS IDENTIFIED ABOVE: Establishment, Face Amount, Purpose, Expiration Date, Transferability, Partial/Single Releases, Conditions for Payment to Beneficiary, Cancellation, Issuer's Undertaking AND TO SPECIFY WHETHER OR NOT PARTIAL RELEASES OF THE LETTER OF CREDIT, IF ALLOWED, REQUIRE THE USE OF REDUCTION CERTIFICATES. LETTERS OF CREDIT ARE HELD IN THE CUSTODY OF THE GARFIELD COUNTY TREASURER. ADDRESS QUESTIONS RELATED TO PARTIAL OR FULL RELEASE, HOWEVER, TO THE BUILDING AND PLANNING DEPARTMENT. Page 2 of 2 , 2009 Garfield County Building and Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 Attn: Fred Jarman RE: Ziegler Subdivision Exemption Gentlemen: I am writing this request for partial release one (1) for reduction of subdivision improvement cost obligations in the amount of $ on behalf of Zielger Subdivision Exemption. Please find the attached cost estimate of improvements for this partial release number one (1). Listed below please find the tabulation of the balance of the letter of credit for the Improvements Agreement: IA Amount $ Improvements to Date ( ) $ IA Balance $ certifies that all materials supplied and work performed is in accordance with the plans and specifications for those items inspected by during periodic construction observations. All costs for which the release is being requested have been incurred in connection with the construction of the Improvements. No funds are being requested for work not completed, or for materials not installed or stored on site. Please consider this letter certification by the Project Engineer, that all the foregoing requirements have been met. This statement of completion shall in no way relieve any other party from meeting requirements imposed by contract or other means. Sincerely, Title cc: ACKNOWLEDGMENT OF FINAL SATISFACTION SUBDIVISION IMPROVEMENTS AGREEMENT WHEREAS, , a Colorado entered into a Improvements Agreement ("IA") with the Board of County Commissioners of Garfield County, Colorado ("BOCC") dated , recorded as Reception Number in Book at Page of the Real Estate Records of the Garfield County Clerk and Recorder; and WHEREAS, has presented a certification of final completion certifying that has completed all roadway improvements associated with Subdivision Exemption, having an actual cost of construction of $ ;and NOW THEREFORE, at the request of and in consideration of the premises and prior agreements in the IA, the BOCC hereby acknowledges full satisfaction of the security requirements of the IA and authorizes final release of security from the above identified Bank letter of credit in the amount of $ resulting in a remaining balance of the original letter of credit in the amount of $ -0- . The BOCC authorizes the Chairman to sign Final Reduction Certificate Number for the Subdivision Exemption a copy of which is attached hereto as Exhibit "A". The BOCC further authorizes the Chairman to deliver the original Final Reduction Certificate Number to Bank. ATTEST: BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO Clerk to the Board By: Date: John Martin, Chairman STATEMENT OF AUTHORITY 1. This Statement of Authority relates to an entity named PEREGRINE 08 INVESTMENTS, LLC. 2. The type of entity is a LIMITED LIABILITY COMPANY. 3. The entity is formed under the laws of the STATE OF COLORADO. 4. The mailing address for the entity is 0832 Canyon Creek Drive, Glenwood Springs, CO 81601. 5. The name and position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of PEREGRINE 08 INVESTMENTS, LLC, is: Donald R. Ziegler, Manager 6. The authority of the foregoing persons to bind PEREGRINE 08 INVESTMENTS, LLC is unlimited. 7. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S.. Executed this 5 -'?-11 day of November, 2009. STATE OF COLORADO ) ss. COUNTY OF GARFIELD PEREGRINE 08 INVESTMENTS, LLC By no alWR7Z1egler, Manager The above and foregoing instrument was acknowledged before me this day ofNovember, 2009, by Donald R. Ziegler as Manager of Peregrine 08 Investments, LLC, a Colorado Limited Liability Company. Witness my hand and seal. My commission expires: Notary Public EXHIBIT A to PEREGRINE 08 INVESTMENTS, LLC 0092 CouNrir ROAD 227 RIFLE, CO 81650 April 22, 2008 TO WHOM IT MAY CONCERN: Peregrine 08 Investments, LLC, a Colorado limited liability company, hereby authorizes and appoints Timothy A. Thulson, Esq., of the law firm of Balcomb & Green, P.C., to represent Peregrine 08 Investments LLC in connection with the application by it tiled with the Board of County Commissioners, Garfield County, State of Colorado, for an exemption from the definition of a subdivision planned unit development for certain real property situated within the County of Garfield and State of Colorado. PEREGRINE 08 INVESTMENTS, LLC By mon ld R. Ziegler, Manager EXHIBIT A-�� Parcel Detail Page 1 of 4 Garfield County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search 1 Assessor Subset Query 1 Assessor Sales Search Clerk & Recorder Reception Search Basic Building. Characteristics 1 Tax Information I'ar._ '! D _ i i I Value Detail 1 Sales Detail Residential/Commercial Improvement Detail Land Detail 1 Photographs I Mill Levy Revenues Detail Tax Area Account Number Parcel Number 2008 Mill Levy 020 R200053 217905300007 46.959 Owner Name and Mailing Address ZIEGLER, DONALD R & ANNETTE R PO BOX 2810 GLENWOOD SPRINGS, CO 81601 Assessor's Parcel Description (Not to be used as a legal description) SECT,TWN,RNG:5-6-92 DESC: TR IN THE SWSW BK:0492 PG:0301 BK:1554 PG:620 RECPT:644649 BK:1416 PG:650 RECPT:616558 BK:1385 PG:655 RECPT:610532 BK:0888 PG:0225 BK:0662 PG:0769 Location Physical Address: 31053 HIGHWAY 6 & 24 SILT Subdivision: Land Acres: 4.14 Land Sq Ft: 0 Section Township Range 5 6 92 2009 Property Tax Valuation Information http://www. garcoact. com/assessor/Parcel. asp?AccountNumber=R200053 11/5/2009 Parcel Detail Page 2 of 4 Additional Value Detail Most Recent Sale Sale Date: Sale Price: 9/10/2002 240,000 Additional Sales Detail Basic Building Characteristics Number of Residential Buildings: Number of Comm/Ind Buildings: 2 0 Actual Value Assessed Value Land: 220,000 17,510 Improvements: 329,540 26,230 Total: 549,540 43,740 Additional Value Detail Most Recent Sale Sale Date: Sale Price: 9/10/2002 240,000 Additional Sales Detail Basic Building Characteristics Number of Residential Buildings: Number of Comm/Ind Buildings: 2 0 Additional Residential/Commercial Improvement Detail http://www.garcoact.com/assessor/Parcel. asp?AccountNumber=R200053 11/5/2009 Residential Building Occurrence 1 Characteristics 1 STORY: 1,615 TOTAL HEATED AREA: 1,615 ABSTRACT CODE: SINGLE FAM.RES-IMPROVEMTS ARCHITECTURAL STYLE: 1 -STORY EXTERIOR WALL: FR STUCCO EXTERIOR WALL: BOARD/BATT ROOF COVER: PRO PANEL ROOF STRUCTURE: GABLE INTERIOR WALL: DRYWALL FLOOR: CARPET FLOOR: HARDWOOD HEATING FUEL: GAS HEATING TYPE: HOT WATER STORIES: STORIES 1.0 BATHS: 1.75 ROOMS: 1 UNITS: 1 BEDROOMS: 2 YEAR BUILT: 1958 Additional Residential/Commercial Improvement Detail http://www.garcoact.com/assessor/Parcel. asp?AccountNumber=R200053 11/5/2009 Parcel Detail Tax Information Tax Year Transaction Type Amount 2008 Tax Payment: Second Half ($820.14) 2008 Tax Payment: First Half ($820.14) 2008 Tax Amount $1,640.28 2007 Tax Payment: Second Half ($805.92) 2007 Tax Payment: First Half ($805.92) 2007 Tax Amount $1,611.84 2006 Tax Payment: Second Half ($699.52) 2006 Tax Payment: First Half ($699.52) 2006 Tax Amount $1,399.04 2005 Tax Payment: Second Half ($699.46) 2005 Tax Payment: First Half ($699.46) 2005 Tax Amount $1,398.92 2004 Tax Payment: Second Half ($457.04) 2004 Tax Payment: First Half ($457.04) 2004 Tax Amount $914.08 2003 Tax Payment: Second Half ($507.52) 2003 Tax Payment: First Half ($507.52) 2003 Tax Amount $1,015.04 2002 Tax Payment: Second Half ($500.18) 2002 Tax Payment: First Half ($500.18) 2002 Tax Amount $1,000.36 2001 Tax Payment: Second Half ($497.52) 2001 Tax Payment: First Half ($497.52) 2001 Tax Amount $995.04 2000 Tax Payment: Second Half ($457.65) 2000 Tax Payment: First Half ($457.65) 2000 Tax Amount $915.30 1999 Tax Payment: Second Half ($455.51) 1999 Tax Payment: First Half ($455.51) 1999 Tax Amount $911.02 Mill Levy Revenues Detail Top of Page Assessor Database Search. Options I Treasurer Database Search Options Clerk & Recorder Database Search Options Page 3 of 4 http://www.garcoact.com/assessor/Parcel.asp?AccountNumber=8200053 11/5/2009 Parcel Detail Page 4 of 4 GarfieldCounty Home Page The Garfield County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Garfield County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Copyright © 2005 - 2008 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. http://www.garcoact.com/assessor/Parcel.asp?AccountNumber=8200053 11/5/2009 Parcel Detail Page 1 of 4 Garfield County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search 1 Assessor Subset Query 1 Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics I Tax Information Value Detail 1 Sales Detail 1 Residential/Commercial Improvement Detail Land Detail 1 Photographs 1 Mill_ Levy Revenues Detail ei Detail 1 Tax Area 020 Account Number R200054 Parcel Number 217905300008 2008 Mill Levy 46.959 Owner Name and Mailing Address ZIEGLER, DONALD R & ANNETTE R 544 N TRAVER TRAIL GLENWOOD SPRINGS, CO 81601 Assessor's Parcel Description (Not to be used as a legal description) SECT,TWN,RNG:5-6-92 DESC: TR IN THE SWSW BK:0509 PG:0669 BK:0509 PG:0644 BK:1554 PG:621 RECPT:644650 BK:1385 PG:422 RECPT:610449 BK:1385 PG:420 RECPT:610448 BK:0888 PG:0225 BK:0662 PG:0769 Location Physical Address: 92 227 COUNTY RD SILT Subdivision: Land Acres: 4.67 Land Sq Ft: 0 Section Township Range 5 6 92 2009 Property Tax Valuation Information http://www. garcoact. com/assessor/Parcel.asp?AccountNumber=R200054 EXHIBIT B-2 Parcel Detail Page 2 of 4 Land: Improvements: Total: Actual Value 185,000 536,230 721,230 Additional Value Detail Most Recent Sale Assessed Value 14,730 42,680 57,410 Sale Date: Sale Price: 9/10/2002 63,000 Additional Sales Detail Basic Building Characteristics Number of Residential Buildings: Number of Comm/Ind Buildings: 2 0 1 1 Residential Building Occurrence 1 Characteristics 1 1 1 STORY: 190 L HALF STORY, FINISHED: 245 2 STORY: 253 1 1/2 STORY: 166 TOTAL HEATED AREA: 1,107 ABSTRACT CODE: SINGLE FAM.RES-IMPROVEMTS r ARCHITECTURAL STYLE: 2 -STORY EXTERIOR WALL: LOG ROOF COVER: PRO PANEL ROOF STRUCTURE: GABLE INTERIOR WALL: DRYWALL INTERIOR WALL: EXPOSD LOG FLOOR: HARDWOOD FLOOR: CARPET HEATING FUEL: ELECTRIC HEATING TYPE: ELEC BS BD STORIES: STORIES 2.0 BATHS: 1 ROOMS: 4 UNITS: 1 BEDROOMS: 2 http://www. garcoact. corn/assessor/Para1. asp?AccountNumber=R200054 11/5/2009 Parcel Detail Page 3 of 4 YEAR BUILT: 2004 Additional Residential/Commercial Improvement Detail Tax Information Tax Year Transaction Type Amount 2008 Tax Payment: Second Half ($1,077.70) 2008 Tax Payment: First Half ($1,077.70) 2008 Tax Amount $2,155.40 2007 Tax Payment: Second Half ($508.74) 2007 Tax Payment: First Half ($508.74) 2007 Tax Amount $1,017.48 2006 Tax Payment: Second Half ($432.28) 2006 Tax Payment: First Half ($432.28) 2006 Tax Amount $864.56 2005 Tax Payment: Second Half ($432.26) 2005 Tax Payment: First Half ($432.26) 2005 Tax Amount $864.52 2004 Tax Payment: Second Half ($220.37) 2004 Tax Payment: First Half ($220.37) 2004 Tax Amount $440.74 2003 Tax Payment: Second Half ($187.55) 2003 Interest Payment ($1.88) 2003 Interest Charge $1.88 2003 Tax Payment: First Half ($187.55) 2003 Tax Amount $375.10 2002 Tax Payment: Whole ($431.44) 2002 Tax Amount $431.44 2001 Tax Payment: Second Half ($214.56) 2001 Tax Payment: First Half ($214.56) 2001 Tax Amount $429.12 2000 Tax Payment: Second Half ($193.38) 2000 Tax Payment: First Half ($193.38) 2000 Tax Amount $386.76 1999 Tax Payment: Second Half ($192.48) 1999 Tax Payment: First Half ($192.48) 1999 Tax Amount $384.96 Mill Levy Revenues Detail http://www.garcoact.com/assessor/Parcel.asp?AccountNumber=R200054 11/5/2009 Parcel Detail Page 4 of 4 Top of Page Assessor Database Search Options 1 Treasurer Database Search Options Clerk & Recorder Database Search Options Garfield County Home Page The Garfield County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Garfield County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Copyright © 2005 - 2008 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. http://www. garcoact.com/assessor/Parcel.asp?AccountNumber=R200054 11/5/2009