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HomeMy WebLinkAbout1.0 ApplicationGENERAL INFORMATION (To be completed by the applicant.) ➢ Street Address / General Location of Property: ,..z Z./3' i 4,el& 4071 ➢ Legal Description of Parent Property: ,=< V, 7 /2 ➢ Size of Property (in acres) as of January 1, 1973: 9 V7 ➢ Current Size of Property to be Subdivided (in acres): 37. '17 ➢ Number of Tracts / Lots Created Including remainder of Parent Property: Y ➢ Proposed size of Tracts / Lots to be Created Including remainder of Parent Property: o Lot #: / containing 17 . )-/ acres o Lot #: 2--- containing .2 :4/5 3 acres o Lot #: 3 containing 7, `%y/ acres o Lot #: ti containing , `t7'Y acres o Lot #: contai ing acres ➢ Property's Zone District: l2 / �,4A) ➢ Name of Property' Owner (Applicant):n� ,44e � -61 c - '�3i4� 7.7V )=.,9 Address: / �1. Ds7,17A47/2- /3-05 Telephone: ➢ City: ('7f�.dr"/4f State:Ai /14 Zip Code j F22/ FAX: ➢ Name of Owner's Representative, if any (Planner, Attorney): 7/ L)A-) ,c,, ; //r v<1 /U )=. Address: jc/z. »4Nd'4 a'Cj �TQ,.//S� Telephone: G)q /(= c,)- p ➢ Citya/b/a/17/0/ i,,vp- State: 17,, Zip Codes /6'J FAX:e'VI J -W ➢ Doc. No.: STAFF USE ONLY Date Submitted: TC Date: GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 OCT Glenwood Springs, Colorado 81601 6 2007 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com Exemption from the Definition of Subdivision • • I. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, an applicant requesting an Exemption from the Definition from Subdivision ("Exemption") shall specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. Provide a narrative explaining why exemption is being requested. 2. Sketch map at a minimum scale of 1"=200' showing the legal description of the property, dimension, area, and legal description of all proposed lots or separate interests to be created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities. 3. Vicinity map at a minimum scale of 1"=2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy of U.S.G.S. quadrangle map may be used. 4. Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant. 5. Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees of mineral owners of record of the property to be exempted, and tenants of any structure proposed for conversion. 6. Evidence of soil types and characteristics of each type located on the property. 7. Provide proof of legal and adequate source of domestic water for each lot created. 8. Method of sewage disposal. 9. Provide a letter of approval of fire protection plan from the appropriate fire district in which the subject property is located. 10. If connection to a community or municipal water or sewer system is proposed, submit a letter from the governing body stating a willingness to serve the property. 11. It shall be demonstrated that the parcel existed as described on January 1, 1973 or the parcel as it exists presently is one of not more than three parcels created from a larger parcel, as it existed on January 1, 1973. 12. A $300.00 Base Fee: Applicant shall sign the Agreement for Payment form and provide the fee with the application. 13. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Exemption application has been deemed technically complete. • • II. EXEMPTION APPLICABILITY Pursuant to section 8:50 of the Subdivision Regulations, the Board of County Commissioners has the discretionary power to exempt a division of land from the definition of subdivision and, thereby, from the procedure in these Regulations, provided the Board of County Commissioners determines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The Board has determined that leases, easements and other similar interests in Garfield County owned property, land for oil and gas facilities, and an accessory dwelling unit or two family dwelling that are subject to leasehold interest only and complying with the requirements of the Garfield County Zoning Resolution, are exempt from these regulations. A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973. In order to qualify for exemption, the parcel as it existed on January 1, 1973, must have been 35 acres or greater in size at the time and not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad), preventing joint use of the proposed tracts, and the division occurs along the public right- of-way, such parcels thereby created may, at the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable. For the purposes of definition, all tracts of land 35 acres or greater in size, created after January 1, 1973 will count as parcels of land created by exemption since January 1, 1973. B. All Garfield County zoning requirements will be met. C. All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained. D. Provision has been made for an adequate source of water in terms of the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot. Proof of a legal supply shall be an approved substitute water supply plan contract; augmentation plan; an approved well permit; legally adjudicated domestic water source or a contract for a permanent legal supply of domestic water to be hauled from an outside site for a cistern. Proof of the physical supply from a well for the public meeting, may be documentation from the Division of Water Resources that demonstrates that there are wells within a 1/4 mile of the site producing at least five (5) gallons/minute. Prior to the signing of a plat, all physical water supplies using a well shall demonstrate the following: 1) That a four (4) hour pump test be performed on the well to be used. 2) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing draw down and recharge; 3 • • 4) A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; 5) An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6) If the well is to be shared, a legal, well sharing agreement which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs. 7) The water quality is tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. For water supplies based on the use of cistern, the tank shall be a minimum of 1000 gallons. E. Method of sewage disposal, and a letter of approval of the fire protection plan from the appropriate fire district. F. All State and local environmental health and safety requirements have been met or are in the process of being met. G. Provision has been made for any required road or storm drainage improvements. H. Fire protection has been approved by the appropriate fire district. I. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained. J. All applicable taxes and special assessments have been paid. III. PROCEDURAL REQUIREMENTS (The following steps outline how the Exemption from the Definition of Subdivision application review process works in Garfield County.) 1. Submit 2 copies of this completed application form (pages 1-6) including all submittal requirements and the base fee to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness within 15 working days. The Planning Department may request an extension of time from the Board of County Commissioners for such review not to exceed an additional fifteen (15) working days. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete in addition to requesting additional copies of the application to be provided to the Board of County Commissioners for their review in preparation for the public hearing. 3. Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Exemption application. (If 4 r • • Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 4. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the petition for an Exemption for the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed Exemption from the Definition of Subdivision and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of Tots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 5. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request for Exemption for the subject property. In addition, the Applicant shall provide proof at the hearing that proper notice was provided. 6. At or within fifteen (15) days of the meeting, the Board shall approve, conditionally approve or deny the exemption request. The reasons for denial, or any conditions of approval, shall be set forth in the minutes of the meeting or in a written Resolution. An applicant denied exemption may follow the subdivision procedure in these Regulations. 7. Once the Board makes a decision regarding the request for an Exemption, Staff will provide the Applicant with a letter affirming the action taken by the Board with a list of conditions, if any, to be completed by the applicant. 8. A plat of an approved or conditionally approved exemption shall be presented to the Board for signature within 120 days of approval. The plat shall include a legal description of the exempted property, and Exemption Certificate, the County Surveyor's Certificate and a statement, if four (4) lots, parcels, or interest have been created on the parcel, that "NOTE: No further divisions by exemption from definition will be allowed." The plat shall be recorded with the County Clerk and Recorder no later than thirty (30) days after the Chairman's signature. The Chairman of the Board of County Commissioners shall not sign 5 • • a plat of a conditionally approved exemption until all conditions of approval have been complied with. 9. The Applicant shall be required to submit a paper copy of the plat and proof that all the conditions of approval have been met to the Building and Planning Department at least twenty-one (21) days prior to the expiration of the 120 -day deadline required for signing the plat by the Board. This is to ensure timely Staff review of the materials submitted as well as proper scheduling the plat to be signed by the board. 10. Once all of the conditions, if any, have been satisfied, an Exemption Plat shall be presented to the Board for signature within 120 days of approval. The plat shall include a legal description of the exempted property, and Exemption Certificate, the County Surveyor's Certificate and a statement, if four (4) lots, parcels, or interest have been created on the parcel, that "NOTE: No further divisions by exemption from definition will be allowed." The plat shall be recorded with the County Clerk and Recorder no later than thirty (30) days after the Chairman's signature. The Chairman of the Board of County Commissioners shall not sign a plat of a conditionally approved exemption until all conditions of approval have been complied with. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. =-1- /�//� 7' -7 (Signature of appli 'ant/owner) Date Last Revised: 2/2006 6 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 an Agreement for Payment 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 complete fee schedule for subdivision and land use applications is attached. • • GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES 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 stafptime 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. TYPE OF PROCEDURE BASE FEE Vacating Public Roads & Rights -of -Way $400 Sketch Plan $325 Preliminary Plan $675 + application agency review fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey Final Plat $200 Amended Plat $100 Exemption from the Definition of Subdivision (SB -35) $300 Land Use Permits (Special Use/Conditional Use Permits) • Administrative/no public hearing $250 • Board Public Hearing only $400 • Planning Commission and Board review & hearing $525 Zoning Amendments • Zone District map amendment $450 • Zone District text amendment $300 • Zone District map & text amendment $500 • PUD Zone District & Text Amendment $500 • PUD Zone District Text Amendment $500 Board of Adjustment • Variance $250 • Interpretation $250 Planning Staff Hourly Rate • Planning Director $50.50 • Senior Planner $40.50 • Planning Technician $33.75 • Secretary $30 County Surveyor Review Fee (includes review of Amended Determined by Surveyor$ Plats, Final Plats, Exemption Plats) Mylar Recording Fee $11 — 1' 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. 9. This fee structure shall be revised annually as part of the County budget hearing process. Page 3 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and ,,��'����G-��L (hereinafter APPLICANT) agree as follows: J c -ti�,�` 4PPLICANT has submitte} to COUNTY an application for Xe//017,,,t) e C7 '&N/ 7,044' er I/!.%_rel'/✓ (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or lana use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT f77 jee7- ignature Date: //57//7 7 /) -c, /// v4/' Print Name Mailing Address: /(%Z Gj )ir-y AUe J.1Tt//Y T C/Q/04)04Q/ � 1-i /tp-r/ 60. d/G`e/ 10/2004 Page 4 • Burning Mountains FArotection District buruingmliI l ui1uuwrc()ii 7 May 2007 Don Sillivan 1512 Grand Ave Suite 115 Glenwood Springs CO 81610 Mr. Sillivan: You have requested a letter from Burning Mountains Fire regarding a proposed exemption under Senate Bill 35 for a parcel located on County Road 335 west of the Apple Tree Park. At this time the District has no objection to the subdivision, but you should be aware that restrictions may exist at some future date dependent to the actual occupancies. If I can be of further help, please do not hesitate to contact me. President, Adria Milton -Baker Vice President, Mary L. Haggart Secretary, Marc Jaffrey Brit C. McLin Treasurer, John W. Gredig Director, Bob Thrower Fire Chief, Brit McLin Station #1 Administration POBox 2 611 Main Steet Silt CO8'652 (970) 8765738 Fax (970) 8764 774. Station #2 731 West Main New Casty CO 81647 (970) 984-:.412 ;;Station #3 555 CR 335 New Castlq CO 81647 (970) 984-:.323 Form No. GWS -25 APPLICANT OFFICE OF THATATE ENGINEER • COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 LIC WELL PERMIT NUMBER 276124 DIV. 5 WD45 DES. BASIN MD DON SILLIVAN 1512 GRAND AVENUE, SUITE 115 GLENWOOD SPRINGS, CO 81601- (970) 618-2755 PERMIT TO CONSTRUCT A WELL APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 SE 1/4 Section 4 Township 6 S Range 91 W Sixth P.M. DISTANCES FROM SECTION LINES 2618 Ft. from South 115 Ft. from East Section Line Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water lights. 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 known as Sillivan Monitoring/Observation Well no. 1. 4) This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open wet. 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. 11) Issuance of this permit does not guarantee that this well can be converted to a production well under a future permit. The ability of this well to be converted to a production well is limited by all governing statutes, rules, regulations, orders, and/or decrees. NOTE: Parcel Identification Number (PIN): 23-2181-044-00-106 NOTE: Assessor Tax Schedule Number: R017206 (totaling 48.4 acres) j �lj j /2. no 7 APPROVED DMW ,Receipt No. 9502929A State Engineer DATE ISSUED 12-03-2007 By EXPIRATION DATE 12-03-2009 , Form No. GWS -25 APPLICANT OFFICE OF THESFATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 LIC WELL PERMIT NUMBER 276125 DIV. 5 WD45 DES. BASIN MD DON SILLIVAN 1512 GRAND AVENUE, SUITE 115 GLENWOOD SPRINGS, CO 81601- (970) 618-2755 PERMIT TO CONSTRUCT A WELL ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 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. 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. 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 known as Sillivan Monitoring/Observation Well no. 2. 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. 3) 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. 3) 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. 11) Issuance of this permit does not guarantee that this well can be converted to a production well under a future permit. The ability of this well to be converted to a production well is limited by all governing statutes, rules, regulations, orders, and/or decrees. 4� NOTE: Parcel Identification Number (PIN): 23-2181-044-00-106 NOTE: Assessor Tax Schedule Number: R017206 (totaling 48.4 acres) / 2 1---0 3 7 APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 SE 1/4 Section 4 Township 6 S Range 91 W Sixth P.M. DISTANCES FROM SECTION LINES 1838 Ft. from South Section Line 430 Ft. from East Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: • APPROVED DMW Receipt No. 9502929B State Engineer By EXPIRATION DATE 12-03-2009 , DATE ISSUED 12-03-2007 Form No. GWS -25 APPLICANT OFFICE OF THEO-ATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 LIC WELL PERMIT NUMBER 276126 DIV. 5 WD 45 DES. BASIN MD DON SILLIVAN 1512 GRAND AVENUE, SUITE 115 GLENWOOD SPRINGS, CO 81601- (970) 618-2755 PERMIT TO CONSTRUCT A WELL 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 known as Sillivan Monitoring/Observation Well no. 3. 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 Iithologic 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. 11) Issuance of this permit does not guarantee that this well can be converted to a production well under a future permit. The ability of this well to be converted to a production well is limited by all governing statutes, rules, regulations, orders, and/or decrees. NOTE: Parcel Identification Number (PIN): 23-2181-044-00-106 NOTE: Assessor Tax Schedule Number: R017206 (totaling 48.4 acres) /.Z APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 SE 1/4 Section 4 Township 6 S Range 91 W Sixth P.M. DISTANCES FROM SECTION LINES 1398 Ft. from South 980 Ft. from East Section Line Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: APPROVED DMW Receipt No. 9502929C State Engirieef" DATE ISSUE By 12-03-2007 EXPIRATION DATE 12-03-2009 By DATE 12-03-2009 , Form No. GWS -25 APPLICANT OFFICE OF TH•TATE ENGINEER • COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 LIC WELL PERMIT NUMBER 276127 DIV. 5 WD45 DES. BASIN MD DON SILLIVAN 1512 GRAND AVENUE, SUITE 115 GLENWOOD SPRINGS, CO 81601- (970) 618-2755 PERMIT TO CONSTRUCT A WELL APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 SE 1/4 Section 4 Township 6 S Range 91 W Sixth P.M. DISTANCES FROM SECTION LINES 1793 Ft. from South Section Line 440 Ft. from East Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL I) 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. ) 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 known as Sillivan Monitoring/Observation Well no. 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. i) 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. 3) 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. 3) 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. 11) Issuance of this permit does not guarantee that this well can be converted to a production well under a future permit. The ability of this wet to be converted to a production well is limited by all governing statutes, rules, regulations, orders, and/or decrees. NOTE: Parcel Identification Number (PIN): 23-2181-044-00-106 /P' 7a.- 2_ - NOTE: Assessor Tax Schedule Number: R017206 (totaling 48.4 acres) On 7 APPROVED DMW Receipt No. 9502929D State Enginer DATE ISSUED 12-03-2007 April 24, 2007 To: Don Sillivan From: Estate of Mary Edith Logan by Roger Logan Personal Representative RE: Exemption from County Subdivision Regulations Roger Logan, Personal Representative of the Estate of Mary Edith Logan, appoints Don Sillivan as Seller's agent for purposes of applying for an Exemption from Subdivision Regulations and any actions necessary or required pursuant to said application, including full access to the property for the purposes of required inspections and tests. The appointment of Don Sillivan is without any cost of any nature incurred by Seller for applying for and obtaining exemptions from the Subdivision Regulations applicable hereto. The Seller acknowledges that Buyer is a licensed Colorado Real Estate Broker practicing in the State of Colorado. This Appointment expires on 23 October 2007. State of New Mexico ) County of Eddy ) ss: Estate ofMary Edith Logan By Roger Logan, Personal Representative The foregoing was acknowledged before me this 24th day of April, 2007. By Roger Logan. Nates' Public My Commission Expires: ` 3 STATE OF NEW MEXICO COUN'T'Y 01EDDY FIE JUDICIAL DIS FRICT COURT IN THE MATTER OF 111E LAST WILL AND TESTAMENT OE MARY EDI III LOGAN No. 11B-2006-6 I.F.TTERS TESTAMENTARY AM) ACCEPTANCE A copy of the Last Will of N1AR'' EDITI i I .0GAN was filed in this matter, ROGER L. 1.0(iAN is appointed to serve as Personal RepresentatiNe of the Estate of NlARY LOGAN, CLERK 01' I IIE DIS ['RIC 1 C()1.,IRT Byt., Deputy STATE OF NEW MEXICO ) ) ss. COUNTY OF EDDY J. ROGER L. LOGAN, hereby accept the duties of Personal Representative of the estate of the above named decedent and do solemnly swear that I wilt perform, according to law, the duties of Personal Representative of the estate. ROGER SUBSCRIBED AND SWORN to before me this 7ay of , 2006, by ROGER L. LOGAN, Personal Representative of the Estate of MARY EDITH LOGAN. deceased. My Com nission Expires: F R • III IMAIN KLIlielfinelpirMillki 11 Reeept iortu 714763 01/0812007 04'2928 PM 8,1881 P.0625 Mildred Alsdarf 1 of 9 Rec Fee445 00 Om Fee 0 00 CRRUIEL8 COUNTY CO X District Court 0 Denver Probate Court County of Garfield, Colorado Court Address: l 09 8r Street, Glenwood Springs, CO 81601 EitILED Document _ C Garfield County District Court 9th JO ng Date: Dee 14 2006 10:28AM MST ng ID: 13196452 (-view Clerk: Suzan Lakin IN TUE MATTER OF X THE ESTATE OF MARY £D1114 LOGAN. Decelso Attorney or Party Without Attorney (Name and Address): William K. Guest William K. Guest, P.C. 420 &net, Suite 100 Glenwood Springs, CO fil<u)l Phone Number; 970.928-0175 bguest@rof net FAX Number: 970-947-96g) A. Reg. #: 9002 1 krivision: Courtroom: FILING OF AUTHENTICATEDCOPY OF APPOINTMENT OF DOMICILIARY FOREIGN PERSONAL REPRESENTATIVE —t - CO T (JSE ONLY Can 1`40Mber: 06:, it co I. Decedent died on December 20, 2005, Al the time of death, Decedent was domiciled in the County of Eddy, State of New Mexico, 2. The Decedent's Will is being probated in the Probate Court of New Mexico, County of Eddy, Case No, P13-2006-6. 3 Roger L Logan has been appointed Personal Representative of the Estate of Decedent in the probate proceeding, Attached is an authenticated copy of his appointment. 4. Decedent owned real property at the titne of his death in the County of Garfield, State of Colorado. 5, No local administration or application or petition therefor is pending in the State of Colorado, WHEREFORE, the authenticated copy of the appointment of Roger L Logan is attached for filing with the Court in accordance with Section 15-13-204, C,R,S,, so that he may exercise, as to assets in this state, all powers of local personal representatives as provided th&otion 1513-205, C.R.S. DATED this day of eC 2006. r. DOMICILIARY FOREIGN PERSONAL REPRESENTATIVE. Roger L. Logan R COUNTY I, ORADO t copy of the r 31/ • HOMAS L. MAREK torn@ lawyersnm.c om Y L. FRANCIS jay@lawyersnm.com WEN R. GIST gwen@lawyersnm.com MAREK & FRANCIS, P.A. LAW OFFICES 110 WEST SHAW • P. O. DRAWER AA CARLSBAD, NEW MEXICO 88221-7520 25 April 2007 Holiday West Realty, Inc. ATTN: Don Sillivan 1512 Gland Ave., Ste. 115 Glenwood Springs, CO 81601 Re: Contract to Buy and Sell Real Property Dear Don: I enclose: TELEPHONE (505) 885-6615 FAx (505) 885-1701 E-MAIL office@ lawyersnm.com WEBSITE http://www.iawyersnm.com 1. A letter appointing you for the limited purposes of applying for exemptions from the Colorado Subdivision Regulations and, 2. An executed contract to buy and sell Real Estate. Please initial at every place Roger has initialed, sign it, and return a copy to me. Upon its return, please issue a check for the earnest money in the sum of $5,000.00 made payable to the Estate of Mary Edith Logan. Thank you for your response. Sinc ly, T as L. Marek TLM/tgr Enc. As Stated Above cc: Roger Logan William K. Guest • • April 24, 2007 To: Don Sillivan From: Estate of Mary Edith Logan by Roger Logan Personal Representative RE: Exemption from County Subdivision Regulations Roger Logan, Personal Representative of the Estate of Mary Edith Logan, appoints Don Sillivan as Seller's agent for purposes of applying for an Exemption from Subdivision Regulations and any actions necessary or required pursuant to said application, including full access to the property for the purposes of required inspections and tests. The appointment of Don Sillivan is without any cost of any nature incurred by Seller for applying for and obtaining exemptions from the Subdivision Regulations applicable hereto. The Seller acknowledges that Buyer is a licensed Colorado Real Estate Broker practicing in the State of Colorado. This Appointment expires on 23 October 2007. Estate ofary Edith Logan By Roger Logan, Personal Representative State of New Mexico ) ) ss: County of Eddy ) The foregoing was acknowledged before me this 24th day of April, 2007. By Roger Logan. My Commission Expires: Nc‘ta) Public illIIVIN WWI IlibirrirehirillTh04 11111 o0opt,tnn;k: 714763 01108/2037 0:29:29 0M 8:1881 0:0633 Mildred Rfsdort 9 of 9 Roe Fae:546.00 Doo Foo:0.00 GRRFIELD COUNTY CO 'STATE OF NEW MEXICO �LZ COUNTY OF EDDY B FIFTH JUDICIAL DISTRICT COURT IN THE MATTER OF THE LAST WILL AND TESTAMENT OF MARY EDITH LOGAN 27 &I24 No, PB -2006-6 LETTERS TESTAMENTARY AND ACCEPTANCE A copy of the Last Will of MARY EDITH LOGAN was filed in this matter. ROGER L. LOGAN is appointed to serve as Personal Representative ofthe Estate of MARY EDITH LOGAN. CLERK OF THE DISTRICT COURT By ` row. ? %91 Deputy STATE OF NEW MEXICO COUNTY OF EDDY 1 I, ROGER L. LOGAN, hereby accept the duties of Personal Representative of the estate of the above named decedent, and do solemnly swear that I will perform, according to law, the duties of Personal Representative ofthe estate. 6s 44141 ROGER L. LOG¢.N SUBSCRIBED AND SWORN to before me this ,77 ..dayof 2006,. - by ROGER L. LAGAN, Personal Representative of the Estate of MARY EDITH LOGAN, deceased. ublic My Com scion Expires: • • Mill gyral l 0i+.Ate[riEf 'li'isClihrn Reeptron9: 714763 0178812007 84:29:28 P11 9:1881 P:0632 Hlldred Rledor1 8 of 9 Rec Foe:946.0D Doc Ree:O.CO 48erIELD COVtm' CO MAREK & FRANCIS, P.A. By Thomas L. Marek 110 West Shaw - P. 0. Drawer AA Carlsbad, New Mexico 88221-7520 (505) 885-6615 Attorneys for Personal Representative z sa8U0'MAV(' 1s 'aouiiddoae pun uonsotrtlsnb uodn A vo0'I "ni ooa oz panes! oq o1 ata fueivautetsay =gal •uopet;siunupe pastuadnsun tie tit •puoq Inogltm -paseaaap auQg Arig,41 3o alelsg *Rua aAileitiasalda 1 leaoslad SE paturadde Afinuuo; sr NVDo 1 IND02i •£. •patsgatd iS11stiuo3st'S00Z.taqunAoNtrPPP `NVOO'IHEM A.-11VIN.19I1lR 1SB'I11.L 'Z 'lama) slquo 01 gdegsted m tpzo3 IDS ale Iuepaaar;o saaslnap pus snag 3111 Jo sassalppe pue satneu at1,i :Gamma QAIV warm/ `celiac= `auOda31 xL 'sr .LI •anpurtasax b i leuosaad B se antes of patillenb Si rauogpad •uottealsmttttpe pasutadnsttn us ut °puoq tnotptm 'aitputtiasatdag ieuosaad all Se lnapaaaQ agi3o 11M 1st!'" atp II! PalBucutou s! iauollgad Zi ragtueAON tr no parte= dltadoid `1uawetsa,L putt TA ten plleA B tial urapaaao talg2nep uoS asnodS dIHSNOLLV7g21 'S00Z £909L }GL 'Pi IPErIT1A 1Q 11110d 1 1113 9091 uolsmM unVol elatzted 0ZZ88 1,1114 `PBgspeo op!szaAR{'M 11£I 1Z7.82 MAI `Pegsi1B3 6081 •MMttia 0 •d ue2o-1 •7 mem ue8o7 ^! raog SSMIQ TV MANN :sriolloJ se Wit luapeaec aqi jo saaslnap pue saraq aquo sassatppB pus sauteu au. '0i 07 A1x007 O131JsuS 00.44S:aoj 0a21 6 to i,oP=ltl te9O'4 t88t a Wd BZ 6Zv6o L0mear 40 111 14501uM141l7V IRilAb [NNW r III 111! MfMlhribi<'a1in4 {N,hN $lid Rtception4: 734763 6 of 2 poo Fca $49 i 90,,1Fot:p_O99 G4RFY0.D COUNTY CO STATE OF NEW MEXICO COUNTY OF EDDY FIFTH JUDICIAL DISTRICT COURT INTHE MATTER OFTHE LAST WILL AND TESTAMENT OF ) MARY EDITH LOGAN ) No. 11B-2006-6 7r1` -77 27 Al f t : 23 ORDER FOR FORMAL PROBATE OF WILL AND APPOTPPTMENT OF PERSONAL REPRESENTATIVE THIS MATTER comes before the Court upon the Petition of ROGER L. LOGAN for the formal probate of the Last Will of MARY EDITH LOGAN, deceased, and for formal appointment as Personal Representative of the Decedent's estate. The Court FINDS: t. The Court has jurisdiction of this probate proceeding. 2. The proceeding is unopposed 1 The time required for notice has expired. 4. Required notices have been given 5. MARY EDITH LOGAN died on 20 December 2005, in Carlsbad, County of Eddy, State of New Mexico. 6. Venue is proper because the domicile of Decedent at the time of deeds was in Carlsbad, County of Eddy, State of New Mexico. 7. The proceeding was commenced within the time prescribed by law. 8. At least 120 hours have elapsed since the Decedent's death. 9. No Personal Representative of the Decedent bas been appointed in New Mexico or elsewhere. • • ■ t FA WA Rd' it 1 Racapt Lon.", : 7147133 51!00/21307 54:29:28 PIS 9: 11191 P:0929 tfildred Risdort 5 of 9 Rac Fee:545.90 Doc ro.:0.00 CANFIELD COUNTY CO IN WITNESS WI TBREOF, F have hereunto set my hand on this the day of 2006. Jane Shuler Gray, District Judge STATE OF NEW MEXICO ) )ss. COUNTY OF EDDY I, Joyce A. Flat:acid, Clerk of the District"Court, 'within and for the aforesaid County and State, do hereby certify that Jane Shuter Gray, Judge of the District Court within and for Eddy County, New Mexico, is the duty elected qualified and acting Iudge of the District Court. and the signature attached to the above Certificate is the genuine signature of District Judge Jana Shuler Gray. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on this the day of , 2006. Cleric of the District Court 2 1111 III.r 41 EMPA .1WEI tWC1 ilitni 11111 Receptiontt: 714763 01108120O7 04;29;28 P11 8,1881 P;0628 flt1drod R1ldPrf 4 of 9 Roo Fao,$46.00 Doo Foa.0.90 GARFIELD COUNTY CO STATE OF NEW MEXICO COUNTY OF EDDY FIFTH JUDICIAL DISTRICT IN THE MA t t bIt OF THE LAST ) WILL AND TESTAMENT OF ) MARY EDITH LOGAN No. PB -2006-6 E ,EMPLTT?TED CLERK'S CERTIFICATE STATE OF NEW MEXICO ) )ss• COUNTY OF EDDY ) I, Joyce A. Hatfield, Clerk of the District Court, within and for said County and State, hereby certify that the attached is a full, true and correct copy of the Original. L ORDER FOR FORMAL PROBATE OF WILL AND APPOINTMENT OF PERSONAL REPRESENTATIVE 2. LETTERS TESTAMENTARY AND ACCEPTANCE IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on this 7 ' "' day of }kmnoie , 2006. STATE OF NEW MEXICO ) )ss. COUNTY OF EDDY 7, Jane Shuler Cray, Judge of the District Court, Division V, within and for Eddy County, State of New Mexico, hereby certify that Joyce A. Hatfield, whose signature appears on the above Certificate is the duly elected, qualified and acting Clerk of the District Court of the aforesaid County and State, and that the above signature is the genuine signature of Joyce A. Hatfield. >rli) AMR IMI 111 Receptlon1: 714783 01100(2007 04:29:20 FT 0:1801 P:0527 Mildred Aledcrt 3 of 9 Ree Fee:S45.00 Doc Fee:0.00 CPOFIEIO COUNTY CO i 06P°1ltp FIFTH JUDICIAL DISTRICT COUNTY OF EDDY STATE OF NEW MEXICO CERTIFICATE (AUTHENTICATED) t EFILED Document CO Garfield County Dietrict Court 9th JD Filing Date: Dee 14 2006 10:28AM MSP Filing 1D; 13196451 Review Cleric Suzan Lakin 1, JANE SHULER GRAY, Judge of the District Court of the Fifth Judicial District of the State ofNew Mexico, within and for the County of Eddy, DO HEREBY CERTIFY that I am now the Judge of said Court; that JOYCE A, HAYFIELD is now and was at the time of signing the foregoing Certificate, the duly appointed, commissioned and qualified Clerk of the District Court of the County of Eddy, aforesaid and by virtue thin -eat -duty qualified to perform the duties of Clerk of said Court; that tho signature affixed to the foregoing Certificate is her genuine signature and that her attestation of the aforesaid record•is in duo farm, and that said record so certified is admissible as evidence in the Courts of theState ofNew Medco, and that full faith and credit should be given thereto. IYEN under niy hand at Carlsbad, Njav Mexico, in the said County and District on the L' =dayof 2 }a. 20W, DIIP')'UCT JUDGE FIFTH JUDICIAL DISTRICT COUNTY OF EDDY STATE OF NEW MEXICO ) ) ) I. JOYCE A, HATFIELD, Clerk of the District Court within and for Eddy County, New Mexico, do hereby certify that 1 am the duly appointed, commissioned, qualified and acting Clerk of the District Court within and for the County of Eddy, State ofNew Mexico, and by virtue thereof duly qualified. to perform the duties of Cleric of the :District Court of the Fifth Judicial District of the aforesaid County and State; that JANE SIIULJ;R GRAY was the duly elected, commissioned, qualified and acting Judge ofsaid Court at the time ofher malting the neat preceding Certificate; that the signature affixed to said Certificate is her genuine signature. W WITNESS WHEREOF, I have hereunto_ aetmyhand and affixed the Seat of said Court, atCarlsbad, Eddy County New Mexico, onthisfV\dayof`S4piIMt2er ,2O CLE THE D i COURT 8 n 1 EEjILED Document CO Gmiield County District Court 90.1 JD FilIng Date: Dec 14 2006 10:28AM MST F1 ngilk 13196452 Br ler Clerk. Suzan Lakin A -41 11I Et iliblfnAlti Wrt,iMlrtlttlelttiTtiF001 II HI Receptianii: 714763 01I09!2O07 04,29:20 PM 0:188t P:0625 Mildred Nlsdorf f or 9 Rec Fee:$96.00 bac Fao:0.03 GARFIELD COUNTY CO I X Linnet Croat U Deaver Probate Court County of Garfield, Colorado Court Address: 109 86 St eet, Glenwood Springs, CO 81601 IN THE MATTER OF X TIIEESTATE OP MARY EDITH LOGAN, Dccrsed Altwiny or Party Without Attorney (Nansand Addreuk William K Guest William K Guest. P.C. 420 Y Street, Suite 100 Glenwood Spring; CO 81601 Phone Newer: 910-928.0175 B-maih 9 09tnet FAX Number. 970047.9630 Atty. Reg. 3: 9002 COURT USE ONLY Case Number: 0(0FR /16,, Division_ H FILING OF AUTHENTICATED COPY OF APPOINTMIONT OEDO6IICILIARY FOREIGN PERSONAL, REPRESENTATIVE 1. Decedent died on Dezember 20, 2005. M the time of death, Decedent was domiciled in the County of Eddy, State of New Mexico. Courtroom: 2. The Decedent's Will is ben probated in the Probate Court of New Mexico, County of Eddy, Case NO. P13-2006-6. 3. Roger L. Logan bas been appointed Personal Representative of the Estate of Decedent m the probate proceeding. Attached hs un authenticated copy of his appointment. 4. Decedent owned real property at the time of his death in dr. County of Garfield. State of Colorado. 5. No focal xdmic stration or application or petition theretbr is pending in the State of Colorado. WHEREFORE, the emir nrirated copy of the appolnttnrnt of Roger L Lagan is attached for fding with the Court rn accordance with Section 15-13-203, C.RS., so tttathe may exercise, as to assets in this a tate, all powers of local personal representatives as provided in Sebtioa ,t5-13-205, C.R.S. DATED this ��"'{—day of .e{+ - , 2006. DOMIC1LLARY FOREIGN PERSONAL REPRESENTATIVE: Roger L. Logan ! ,,,t\i�e? lrCi' '4 R IELD COUNTY I OLORADO cOnc. tcopy ofthe l Ir.91tL'd4x GL0, ,rtdted^,tl !}r ..+atnai FB St• by -..9 71/41. ei S` Iv' k Depute' , 534 F:; tIR5 i =- ;:0. I 70-' n ) Qc S c%. 2 SILT - SOUTHEASTERLY YA?3C LL UO. 111 Rev. geginn:.ng at a point on the north lirr_ of Section 4, T. 6 S., R. 91 If., 6th P.M. in Gartlelo Cc%:aty, Colorado, from which the NEcor corner of Section 1 hears S. 69' 54' E. a distance of 59.�o 1. Thence S. 366 37' W. a distnrcze of 1317.1 feet; 2. Thence S. 37° 01' 30" E. a distance of 104.4 feet; 3. Thence S. 53° 23' L. a distance of 100.7 feet. SECOND mxon3d EXHIBIT "A" 70-1(L2)S9 sen. 2 Silt - Chacr3 1/21/76 Parcel Vo. 111 Rev. etal. racy 0. 2 13. Thence lf. 38' 00. 30" E., °lona the eolith right of way Lina of the D. & H.C.W. R.R. Co., a distance of 933.1 feet, to the north line of Sec. 4; 14. rneace S. 87" 54' E., along the north Line of Sec. 4. a distance of 122.5 feet, core o: lean, to the point of begianic6- he above described parcel contains 18.288 acres, core or lees. ATSO PEEIHAMIT EAS&NE Tl. E-111 REV. A tract or parcel of Land No. E-1.11 flap. of tht State Departaant of Highway/a, Division of flighnaya, State of Colorado. Project no. 1 70-1(12) 89 Sec. 2 containing 1.851 acres, more or lose, in lot 1 of Section 4, Tavoahip 6 South, Range 91 Heat, of the Sixth Principal Meridian, iarlp Garfield County, Colorado. eaid tract or parcel being _ P described as follows: Beginaing at a point on the east line of Sec. 4 fro= which point the Witoens Corner to the SE corner of Sec. 4 bears 8.. 0' 20' 30" W., a distance of 96.3 feet; at 1. Thence distance of • 20' 300 • along of269.5 feet tenter lof the eColorado Rive 2. Thence 5. 31' 31' W., along the center of the Colorado River. a distance of 358.3 feet; 3. Thence S. 0. 20' 30" E., continuing along the center of the Colorado River, a distance of. 314.3 feet; 4.. Thence U. 89'39' 10.E. a distance of 165.0 feet; 5. Thence N. 0' 20' 30" W. a distance of 280_6 feet; 6. Thence H. 19' 04' 30" E. a distance of 72.7 fent, mere or leas, to the point of begin°:-ag_ The above described parcel. contains 1.851 acres, more or loan. • :457 ns:: 84 :1 ,Ecol ... _:Dna 1_=3RfT ., FESJ20 t0. I 73-1(12)69 SEE. 2 SILT -CEACA January 21, 1476 PARCEL NO. 111 P -TC. A tract or parcel of Load No. 111 Rev. of the State Deport=erw of gfghways, Division of Bighosys, State of Colorado. Project y5o. the' . -1(2) 89 Sec. 2 contaiaine 18.288 acres, acre or less, in the S^- thtan. Lot 5 and Lot 1 of Section 4, Toceship 6 South, Page 91 Vest, of 31-th Principal :Meridian. in Garfield County. Colorado, said tract or parcel being core particularly described as rancor.: Beginning at a point oa the north line of Sec. 4, T. 6 S., R. 91 R.. Etc P.M., from which point the LE corner of Sec. 4 bears 5. 89' 54' E. a distance of 59.6 feett 1. Thence S. 36' 37' R. a diatsaee of 1,317.1 feet; 2. :heae2 S. 37' 01' 30" 5. a dfatacce of LC4.i feet; 3. Thence 5. 53' 23' E. a distance o: 100.7 feet; 4. Thence S. 37' 56' 30" R. a distance of 306.1 feet; 5. Thence along the arc of a curve to the right having a radius of 4,019.7 feet a distecee of 2.021.4 feet (the chord of chis arc bears S. 54' 01' 30" p. a distance of 2,000.1 feet) to the vest line of the $S.% of the NE of Sec. 4; 6. Thence N. 0' 25' R., aloog the went line of the SW of tae 1E1 of Sec. 4, a distance of 278.4 feet. to the south right of way line of the D. b R_G.R. R.R. Co. (Dec. 1966); 7. Thence along the south right of way line of the D. 6 R.C.W. R.R. Co. (Dee. 1966) along the are of a curve to the left having a radius of 1,196.3 feet, a distance of 315.2 feet (the chola of thin arc bears N. 59' 13' 30" E. a distance of 314.3 feet); 8. Thence 51. 50' 06' E.. along the south right of wry line of the D. 6 R.C.N. R.R. Co. (Dec. 1966) a distance of 69.8 feet: 9. Thence along the south right cf way line ui the 9. 6 R.C.W. G.St. Co. (Dec. 1966) along the arc of a curve co the left having a radius of 3,865.8 feet, a disttnce of 1,456.0 !sec (the ehnre Of this arc bears N. 50' 28' E. a dincanee of 1,449.4 feat); 10. Thence N. 38' 38' E., along the south right of .ay l:r._e of oho D. & E.G.R. R.R. Co., a distances of 176.0 feet: 11. Thence N. 49' 10' 30" E., along the south right of way line of the D. & 2.0.51. R.R. Co., a distance of I58.1 feet; right of way line of 12. Thence Co. -along otheng tarc+oftacurve to the left having a ridlua of 1.1:+.3 feet. n distance of 314.6 feet (the chord of tele arc bears 51. 41' 38' 30" 1. a diatancc of 113.7 feet); r 83 said b_gnway over and across the line described in Second Amenled Exhibit "B" hereof does or shall accrue `o any abutting property, owner or user thereof except as may be authorized by [he State Department of Hignways, Division of Hienmays, State of Colorado; and that the petitioners nave been duly and lawfully granted a PERMANENT EASE?ENT in Parcel No. E-111 Rev., described in Second Amended Exhibit "A", actacbc_ hereto and incorporated herein by reference; and IT IS FURTHER ORDERED, pursuant to stipulations entered into by the State Department of Highways, Division of Highways. State of Colorado, that it shall be the sole responsibility of the State Department of Highways to maintain the siphons presently Located beneath Interstate Hignway 70. and further that the concrete -lined ditch and facilities appurtenant thereto installed by petitioner on the right-of-way cf Interstate Highway 70 ;Parcel No. 111 Rev.) for the purpose of providing water to '-espordent's land from the Hare and Binds ditch constitute an easement running in favor of respondent Frank Delaney and said respondent Frank Delaney has the right to enter upon the right- of-way of Interstate Highway 70 for the purpose of maintaining the concrete -lined ditch and appurtenant facilities; and IT IS FURTHER ORDERED that a certified cony of this Rule and Order be recorded and indexed in the office of the Clerk and Recorder of Cnrfieid County. in like manner and with Like effect as if is were a Deed of Conveyance from the owner and parties interestedthe petitioners herein. DATED this 31 day of e,.eI:✓, A.D. 1976. APPROVED AS TO FORM: DELANEY & DALCOMB Aorneys at Law BY THE COTT, /� C -.,J` , tric- Judge EDWARD P1ULl+ALL, Attorneys for Respond nt Frank ntinnev • • 497 82 oe the State of Colorado is su..e cases made and provided: 1. The accurate description of the property being pernanenl?v acquired by petitioners herein, designated as Parcels Nos- 111 Rev- and E-111 Rev. is attached to this Certificate (Second Amended Exhibit "A", and an accurate description of the lines over which access is being denied as Second Amended Exhibit "B"). 2. The value of the property actually taken is $42.598.40. 3. The damages to the residue of such property are $3,681.40. THE COURT FURTHER FINDS that the respondent owner is en- titled to interest in the sum of $5,722.80 pursuant to CRS 1973 38-1-116 as amended; that the petitioners have heretofore de- posited with the Clerk of the Court the sum of $31.000.00 pursuant to Order of the Court, wrath was totally witndrawn by the respondent owner, and have subsequently deposited the sum of $21,002.20, representing the deficiency between said deposit for immediate possession and the amount of the award plus inter- est; and. therefore, it is ORDERED. ADJUDGED and DECREED that Parcei No. 111 Rev.. described in Second Amended Exhibit "A"• attached hereto and incorporated herein by reference. has been duly and lawfully taken by the petitioners pursuant to the Statutes and the Constitution of the State of Colorado; that the interests of the respondent owner in said parcel have been acquired by the Petitioners, and that the title to said property, together with all appurtenances thereunto belonzing, .s hereby vested in the Petitioners; and that no right or rights of access co and from - 2 - "FHE =..OF. •SI? .-. `STZ • DI'i ST? -FR; • Met -Gal thi fi: wa: ch. Pe: na! •th ow he :di th as pr Or THE BOARD OF CUC::-i OF THE COUNTY OF C'.:FL LD STATE 0- CO_DP.ADO, a STATE DePA3_a2;T 0: a -CSS:: 'i i . DIVISION OF HT-CHWAYS, STATE OF COLORADO, Petitione_: . vs. FRANK DELAr EY, and BERENICE HcDONALD, as Treasurer of Garfield County, Respondents. • 'Jc::.'EE 497 :,,_ 81 THIS HATTER came on regular.y for near_hg this day g.on Che Commissioners' Certificate _ kscertai.'enc an_ Asses:mea= filed herein on the 20th day of JuiV: 1976. watch Cora_.ssoa was duly appointed to determine the compensation to be a' -lowed the respondent owner interested in Parcel No. 111 Rev. s.._ Permanent Easement E-111 Rev., and the access r=g t.. ap=_rta- pant to Parcel No. 111 Rev., and it appearing to t: -:e Cc_=t from the records and files herein that all persons interestec as owner or otherwise, as appearing of record, have been yainee herein as parties respondent; THE COURT FINDS: That it pas full and comrletc 31=i: - diction of the subject matter of this action Ann the o..ter, thereto: that service has been mane upon all interestec as required by law; and that the Commission, afc.r- Proofs and allegations of the parties, and after viewing :he premises, did find and determine in accordance :dirt the laws -CwcweG r.:,u[ usu 10. ... nmrt+a vo,tp. .. ...ae:e • .. �.N '4414 :.law 4444.. a..t �!�'.^. • • Bond 257 STATE OF COLORADO. Page 452 County of Cat -field in and for said County, in the SLto aforesaid, co hr eirf certify that frank Delaney w1,0 is personally known to me aa the person vaime name is yermanisnian expires z talkie annexed Dftil. appeared before me this du se person and nelnlottindned that he Signal, sealed and delivered the said aztrument of writing' as his free and voluntary set, for the uses and mnposes theism Set Oral. Ginco under my hand and °tar a al serd, this -2 -3(7-— dar af !larch , A. D. 101 (:)T 0 o STATUTORY AClitiOWLESIGSIENT STATE or cotozano, uuor or Carr ield ceenechneed before noe lbjo Frank De loner. vflucsi. .3, hand and aFstial raL My 0000lo,,=pro The foneremr t.transrnt d,eY ”ill'01 , 19 1 NOTARY PUBL/C. •et oCklal mew ead f4.• f= • gooks :y-....-.�.10._31 •Mm_F.: r..:.-o.w51 _?.Cb....A- Charles S. Seecatt, • age 10 175472_ Yr1jto Mara this h•'',- .day-uF to the year of our i.orlI one thousand one huladml and 1 i rrr .•.., BETWEEN al the County of ttar. Ir!-, J•11. T,EJlt' et the Countro( and Sta:e of Canham, of the lint part. and and Statoof Eldorado. of thestsmu Bait. WItacsaeUt ilrat the raid pat • of the first put, for and in condderatien of the nun of thte I'nJ I.,, an.! n:n•-r all.: rla..}le <m•.. i.krn, :on to the ,awl part tr[ the gnat pati in band paid br the said Vary' of the second part the receipt. whertslf is hereby daitssn.. and n rnm t.. iged, ha - maned; released. Sod. aoveyed and Quit - Claimed, and by these presents do -, remise, retinae, sell, chitty, and gait -Man onto the said part' . of the aroma part. t•ts heirs and assigns forever. aU.the right, Utle, Jntetssf„ daim and demand which the- acid put r of the fust part ha- in and- to the following desathed IanJ aitaoin.I4ttgoadbeing mthcCountry! •.nrri:3J and Stats ofColornde,-ta•trit: t tract et Ian., ..I.wto-I 1, Tr. rt. •ll S.. or 'line• 1.11,1•. ), and nor. It,1:1- da:- usrl ilv.l lel ler.... •I•celnr-rtl� nr 1 - relnt ,n 1` -re n.-t1:.•r Lc 1'1,:,• -1 1- 5. lie;:w-.,r J•ra,d•yr 71 of 111.• 1u:cr.t1 Ian hI !e the ICrst tin.- rf 1:a1•1 .v ,Li d1..K.- t!h- 1,.41 :,r.tri.•i- •.•ern.•,- '.ii -I NI.; 1••!ar> .i. w do -roes 47 n1011'.•. lr.•{; then.! . _ r• I- rrms1r, : .H•.'..{ fort te• the ull,.•rfr I in. : r,•t.oua Heal; tt,•e., e. c t•d.n.ces r taut.. .1 .• r.'..1 ,.i.1- 11.1- sonther!c lin; ,•f ,. m1ra I:..al 1 • *In- rnct•rz,•r. ,.•u hits 'hv '..•rrl..•e 11. 1ie. rl' r... I . I -':t+- i.u:trr a; Iltene.- a. a9 lima., _ attmtrn ::. 154 trer ala..-' Ifs.• t'r;Le. It I;fir .-r I.s. Ut glial. ,vd•er 71; th:ret- S. .14 Jr -tors h• •.t,•w...r 1 i,. . . .t..... .he k 1. tt..• er r_' tri -kw -t •- t.wI,.•.- !!1, nota• :d: t:tet. .• -- d: - !u r.errl y: 1 -- i t a:.r• ;11. +.71tkr.-.1v n,- rr 1'. •. 1114.1.4- Yto•tor :.1 rr rine 1nn•ra.•r• ..+...1111 I'll• :;c:.t 1 in; ei .aid S:;1.1 �. 111. tern: .•I' f•ye ieeil!„ centatnlre _.j._ -sorra . t -t, :r Ira. Tu.et'ier irirh a i'l:•ihx err .•f •t.: •ol rlv<I ;r ., rare,' .1! cn=-J t.+ 11h• irr.6fu•:-pitch .,o. J 1a1.s-1 1..1:i."4, a:, tilt Cr...,'r:r II1•1-1.1 ant a C kern. t•.»rt nr •IIs tm-errst ..f grantor in.anJ 1.. t•!e eu•:.-. a!f1..!ira•rJ ibrr-n• .-r ;...,.•-',•J 'hr,:.11',. It helm• tudersTt'.'J ar :1»re.•.1 that -a. • tutor:sr nu:. 'r.at r -:d f..• -no, or 1•r ,trc.l r.carJrJ as llociteart 1.-11+ 1n 'lark _!1 nt rare or 11.-'rr.•rda r/ yzr(irlJ Ceuta"-, Colorado. amt 111a: 0... ne. 1 e1 4..,.,.}r .vnrn�:,l 1+ t.'4 ; Mgr,•.trrt SISIMporprsr. rcrerrre th^:.' xhnrs ,•f ..1.••r .ry1.814 -titch rut rine -.esti.. l.. -y1r t:rrr::f IF rtrrs scr ' 11.11..•1 the rta,-r:,1 :sr p.1 .•-I br hie m,•1:r . - .1.-e.1 mart talcs rcfcrr.Jto :ry .:baro_ .1• +.1 tJ .1 i1 and 1..1=•••:• r1 -t:-.. (Ilia -lore, .,. rade under and pursuant t, ,•ttltt'ar. 1•.•t1t•r1 'l,• parr1:., !l••,-:efa;ra 'tar ;th, jN; rr.•rr1r4 n: 1k -zone -or 1;� N. ,.t_�a.,.t. {.� ,i.r•tf ,i yJ gt.3Ih 'tial-"' ti, ;'t.tidi 1IF[t-a..4..ljtirf e2teilt'. 7u Rite a+t�-to"Hj' i{ ffie Fame. T'a:eUiv c� -alt ana.dugtth, tfic epput•talences ads pip ages , thereunto betolunne or m aal',r1se Ulcrednte aliteltainina. end alt the estate, tight, title, tnamest and claim .ratLmerrr, of lite raid ]cwt rd Ute 1114 part, elthm• io law or equity, to the 0114 ptaper Ilse. benefit and belong of the said part 1- of the seroud pert h to heirs and assigns forever. h Witness Whereof. The said part ' d the 6t¢ part ins+ hereunto set his hied anti seat U,e dor and year drat shore written. Sfgned,Sealed and Delivered ht the Presence of ?7 .--L-,2T r.' r. 001: I:4.41.1 OCtn—O+tK«, I.uecewt+u4•mAG.a.a. S,..Im.CeY. STATE OF COLORADO ) )ss. ) COUNTY OF MESA aoOx 844 NIDE 348 a The foregoing instrument was acknowledged before me this day of -September. 1992, by Patricia Dunn, Co-Tructee. 0C,4-fr Witness my hand and official seal. My commission expires: (11,7117V44; Notary Public STATE OF COLORADO ) }ss. COUNTY OF MESA njThe foregoing instrument was acknowledged before me this day of S•aptember, 1992, by Mary Edith Logan, Co -Trustee. and Ethel Delaney, Co -Trustee, by Mary Edith Logan, her Attorney - In -Fact. Witness my hand and official seal. My commission ;xpires: )1/4°13 lorp otary Public r;� �. •� 3 $?;s =-.�t• Esc �, , '^ r c A !7 c• FEC•3FDE^ AT 'j`j.0 • CLOCK! h. OCT 19 M12 FEC s �,!'�y;�S MILDRED ALSDOPF. COUNTY CLERK QUIT CLAIM DEED NO CONSIDERATION MO. 844 Pw2E347 ritA r"IELD State Doc: 'coz 9 ETHEL DELANEY, MARY EDITH LOGAN, AND PATRICIA DUNN as Co -Trustee under the WILL and CODICIL thereto of FRANK DELANEY, deceased, dba FRANK DELANEY TRUST. grantors, of the County of Garfield, in the State of Colorado, for the consideration of ten dollars. in hand paid, and other good and valuable consideration, does hereby sell and quit claim to MARY EDITH LOGAN whose address is 1311 Riverside, Carlsbad. County of Eddy. State of New Mexico, the following real property, in the County of Garfield. and State of Colorado. to wit: Township 6 South. Rance 91 West, 6th P.M. Section 4: A tract of land being the SWtjNE4, Lots 1, 5, 11, and all that part of Lot 10 (NWzSEj) of said Section 4 north of the thread of the Colorado River more particularly described in Book 459 at Page 167. Together with all easements appurtenant or used in connection therewith, and all water and water rights, ditch and ditch rights used on or in connection therewith, including, without limitation, the Ware and Hinds Ditch No. 15, Priorities 15, 57. and 22OU, and the Thomkins Ditch No. 4 (aka Roseman Ditch). Priorities 177A and 22OI; Except and/or subject to 2.02 acres conveyed to James Tarro described in 0,c. No. 175577. Rule and Order dated Dec 3. 1976, recorded in Book 497 at Page 81 as Doc. No. 278829, taking 18.288 acres in fee and permanent easement on 1,851 acres, parcels conveyed to Denver and R..o Grande Western Railroad Company described in Doc. Nos. 6330, 18138, 128429, parcels conveyed to Board of County Commissioners of Garfield County described in Doc. Nos. 17245,-43505. 55981. and 110948, and easements described in Doc. Nos. 251014, 251987, and 270227, containing 129.54 acres, more or less, also known as the New Castle Ranch, together with all of its appurtenances, including all water and water rights, ditch and ditch rights appurtenant thereto. County of Garfield. State of Colorado. Signed this 6c4abag- day of -9eptombos, 1992. Patricia Dunn, Co -Trustee !/) if Y 6;1 L ( A. �yam. e.��r• .� Mary Edith Logan, Co-Truat©e Et e s noy; Co 'pruetse, by Mary Edith Logan, her Attorney - In -Fact • • PROPERTY OWNERS ADJACENT TO SUBJECT PROPERTY PATRICK G. DWYER 4730 COUNTY ROAD 335 NEW CASTLE, CO. 81647 TALBOT ENTERPRISES, INC. 5175 COUNTY ROAD 335 #402 NEW CASTLE, CO. 81647 STATE OF COLORADO DIVISION OF WILDLIFE 6060 BROADWAY DENVER, CO. 80216 - 1029 BRANNON PROPERTIES, INC. (80%) JF&T COMPANY (20%) P.O. BOX 489 CLENWOOD SPRINGS, CO. 81602 P.O. Box 1908 1011 Grand Avenue Glenwood Springs, CO 81602 • Z4NC4NELL4 4N0 /l550c14TE5, INC. ENGINEERING CONSULTIINTS October 3, 2007 Cynthia Love CO Division of Water Resources State Engineer's Office 1313 Sherman Street, Room 818 Denver, CO 80203 Re: Sillivan Well Permit Applications Dear Cynthia: (970) 945-5700 (970) 945-1253 Fax Attached are four well permit applications for Don Sillivan for the pending Sillivan Subdivision Exemption in Garfield County. Also attached is an authorization letter, the client's check for $400.00, property description, property location map, and a copy of the West Divide Water Conservancy District Contract application. The wells will be 15 gpm and serve a single family lot and therefore will not be subject to 600 foot spacing considerations. If you have any questions, please contact our office at (970) 945-5700. Very truly yours, Zancanella & Associates, Inc. Thomas A. Zancanella, P.E. Attachments cc: Don Sillivan z:\27000\27509 sillivan, don\seo-well permits.doc COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATO RESOURCES 1313 SHERMAN ST, RM 811NVER, CO 80203 phone — info: (303) 866-3587 main: (303) 866-3581 fax: (303) 866-3589 http://www.waterstate.co.us GENERAL PURPOSE Water Well Permit Application Review instructions on reverse side prior to completing form. The form must be completed in black or blue ink or typed. Office Use Only • Form GWS -45 (06/2006) 1. Applicant Information Name of applicant Don Sillivan Mailing address 1512 Grand Avenue, Suite 115 City Glenwood Springs Telephone # —� 970 618-2755 State 1 Zip code CO j 81601 E-mail (Optional) 6. Use Of Well (check applicable boxes) Attach a detailed description of uses applied for. ❑ Industrial ❑ Municipal ® Irrigation ❑ Commercial Z Other (describe): domestic, fire protection 2. Type Of Application (check applicable boxes) ® Construct new well ❑ Replace existing well ❑ Change source (aquifer) ❑ Other: ❑ Use existing well ❑ Change or increase use 0 Reapplication (expired permit) 7. Well Data (proposed) Maximum pumping rate 15 Total depth 100 gpm feet Annual amount to be withdrawn 2.5 cum Aquifer Colorado River acre-feet 3. Refer To (if applicable) Well permit # Water Court case # WDWCD contract pending Designated Basin Determination # Well name or # Well #1 4. Location Of Proposed Well County Garfield NE 1/4 of the SE 1/4 Section Township Nor S Range E or W ( Principal Meridian 4 16 ❑® 91 ❑® I6th Distance of well from section lines (section lines are typically not property lines) 2618 Ft. from ❑ N ® S 115 Ft. from E E ❑ W For replacement wells only – distance and direction from old well to new well feet direction Well location address (Include City, State, Zip) ❑ Check if well address is same as in Item 1. Optional: GPS well location information in UTM format You must check GPS unit for required settings as follows: Format must be UTM 0 Zone 12 or 0 Zone 13 Units must be Meters Datum must be NAD83 Unit must be set to true north Was GPS unit checked for above? ❑ YES r Easting Northing Remember to set Datum to NAD83 8. Land On Which Ground Water Will Be Used Legal Description (may be provided as an attachment): Proposed Sillivan Subdivision Exemption - Lot 1 See Attached Description (If used for crop irrigation, attach a scaled map that shows irrigated area.) A. # Acres 17.724 B. Owner Don Sillivan C. List any other wells or water rights used on this land: 9. Proposed Well Driller License #(optional): 10. Signature Of Applicant(s) Or Authorized Agent The making of false statements herein constitutes perjury in the second degree, which is punishable as a class 1 misdemeanor pursuant to C.R.S. 24-4-104 (13)(a). I have read the statements herein, know the contents thereof and state that they are true to my knowledge. Sign here (Must be original signature) I Date Print name & titi= e 'J-' 11"1"14" 174001 443 , . 2 A-, doht6LL/f-, PE I(oj2.1t 5. Parcel On Which Well Will Be Located (PLEASE ATTACH A CURRENT DEED FOR THE SUBJECT PARCEL) A. Legal Description (may be provided as an attachment): Proposed Sillivan Subdivision Exemption - Lot 1 See Attached Description ti. # of acres in parcel 17.724 Don Sillivan Will this be the only well on this parcel? ®YES ❑ NO (if no – list other wells) E. State Parcel ID# (optional): Office Use Only USGS map name DWR map no. Receipt area only WE WR CWCB TOPO MYLAR SB5 DIV WD BA MD COLORADO DIVISION OF WATER RESOURCES ` DEPARTMENT OF NATille,L RESOURCES 1313 SHERMAN ST, RM 8 ENVER, CO 80203 phone – info: (303) 866-3587 main: (303) 866-3581 fax: (303) 866-3589 http://vvwvv.water.state.co.us Office Use One Form GWS-45 (06/2006) GENERAL PURPOSE Water Well Permit Application Review instructions on reverse side prior to completing form. The form must be completed in black or blue ink or typed. 1. Applicant Information Name of applicant Don Sillivan ..Mailing address .., _ , ..._....,. 1512 Grand Avenue, Suite City Glenwood Springs Telephone # 970 618-2755 115 State i Zip code CO i 81601 E-mail (Optional) 6. Use Of Well (check applicable boxes) Attach a detailed description of uses applied for. ■ Industrial • Other (describe): domestic, fire protection • Municipal e� irrigation IN Commercial 7, Well Data (proposed) osed P ) Maximum pumping rate _ _._. w _____a_.._W Annual amount to be withdrawn Spm ' 2.5 cum - _ acre-feet _ ...,..__ .. —1Aquifer -15 2. Type Of Application (check applicable boxes) .____......__...,...._-...,...._._.__.._.,�_._....._._....�._......_...._ Total depth i 100 feet 1 Colorado River ili Construct new well ■ Use existing well ■ Replace existing well ■ Change or increase use ■ Change source (aquifer) ■ Reapplication (expired permit) ■ Other: 8. Land On Which Ground Water Will Be Used Legal Description (may be provided as an attachment): Proposed Sillivan Subdivision Exemption - Lot 2 See Attached Description (If used for crop irrigation, attach a scaled map that shows irrigated area.) 3. Refer To (if applicable) Well permit # Water Cort case # WDWCD contract pending Designated Basin Determination # _ Well name or #--------------- r#-_-__— ..____.-_.__..__-_.._._"_Well #2 Well 4. Location OfProposed Well _w_ . _ — County Garfield '- — NE 1/4 of the SE 1/4 A. # Acres 2.953 ( B.Owner I Don Sillivan Section i Township N or S 4 16 �- Range E O7---W 91 •6th Principal Meridian __ _ C. List any other wells or water rights used on this land. Distance of wet from section lines (section lines are typically not property lines) 1838 Ft. from ❑ N ® S 430 Ft. from ® E 0 W9. Proposed Well Driller License #(optional) 10. Signature Of Applicant(s) Or Authorized Agent For replacement wells only-distance and direction from old well to new well feet direction The making of false statements herein constitutes perjury in the second degree, which is punishable as a class 1 misdemeanor pursuant to C.R.S. 24-4-104 (13)(a). I have read the statements herein, know the contents thereof and state that they are true to my knowledge. Well location address (Include City, State, Zip) --O.-Check if well-address-is same as in Item 1. ._......___.._..__..........__........................._.................._.._......__.._.._..._,.._._..___...._._...__.......____.____.._...._.........._........._....._...._._.._.__....._...._.._.__........ _. Optional: GPS well location information in UTM format You must check GPS unit_for required settings as follows: Sign here (Must be original signature) i Date %t4 Print name & title r �- Z/(JmyrG / �/1-2 Format must be UTM ❑ Zone 12 or 0 Zone 13 Eastingm Units must be Meters Datum must be NAD83 Northing Office Use Only ...........__... ._.__. map ........... .....__..._..._._._.._....__. map... Surface USGS map name � DWR map no. ; Surface elev. —�������-- Unit must be set to true north Was GPS unit checked for above? • YES Remember to set Datum to NAD83 5. Parcel On Which Well Will Be Located (PLEASE ATTACH A CURRENT DEED FOR THE SUBJECT PARCEL A. Legal Description (may be provided as an attachment): Proposed Sillivan Subdivision Exemption - Lot 2 See Attached Description WE WR CWCB TOPO MYLAR SB5 Receipt area only DIV WD BA MD B. # of acres in parcel C. Owner .._..._ 2.953 ` Don Sillivan D. Will this be the only wet on this parcel? OYES • NO (if no - list other wells) E. State Parcel ID# (optional): COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATAII4L RESOURCES 1313 SHERMAN ST, RM 8i1PbENVER, CO 80203 phone — info: (303) 866-3587 main: (303) 866-3581 fax: (303) 866-3589 http://www.water.state.co.us GENERAL PURPOSE Water Well Permit Application Review instructions on reverse side prior to completing form. The form must be completed in black or blue ink or typed. 1. Applicant Information Name of applicant Don Sillivan Office Use Ono Form GWS -45 (06/2006) Marling address "" " 1512 Grand Avenue, Suite 115 CitY State i Zip code Glenwood Springs j CO 81601 Telephone # E-mail (Optional) 970 618-2755 6. Use Of Well (check applicable boxes) Attach a detailed description of uses applied for. ❑ Industrial ❑ Municipal ® Irrigation ❑ Commercial ® Other (describe): domestic, fire protection 2. Type Of Application (check applicable boxes) ® Construct new well ❑ Replace existing well ❑ Change source (aquifer) ❑ Other: ❑ Use existing well ❑ Change or increase use ❑ Reapplication (expired permit) 7. Well Data (proposed) Maximum pumping rate Annual amount to be withdrawn 15 Total depth 100 gpm i 2.5 cum Aquifer feet Colorado River acre-feet 8. Land On Which Ground Water Will Be Used 3. Refer To (if applicable) Well permit # Designated Basin Determination # Water Court case # WDWCD contract pending Well name or # Well #3 4. Location Of Proposed Well County Garfield NE 1/4 of the SE 1/4 Section ` Township N or S Range E or W — Principal Meridian 4 6 El LE 91 El El 6th Distance of well from section lines (section lines are typically not property lines) 1398 Ft. from ❑ N ®S 980 Ft. from ®E ❑ W For replacement wells only – distance and direction from old well to new well feet direction Well location address (Include City, State, Zip) ❑ Check if well address is same as in Item 1. Optional: GPS well location information in UTM format You must check GPS unit for required settings as follows: Format must be UTM ❑ Zone 12 or ❑ Zone 13 Units must be Meters Datum must be NAD83 Unit must be set to true north Was GPS unit checked for above? ❑ YES Easting Northing Remember to set Datum to NAD83 Legal Description (may be provided as an attachment): Proposed Sillivan Subdivision Exemption - Lot 3 See Attached Description (If used for crop irrigation, attach a scaled map that shows irrigated area.) A. # Acres B. Owner 7.791 Don Sillivan C. List any other wells or water rights used on this land: 9. Proposed Well Driller License #(optional): 10. Signature Of Applicant(s) Or Authorized Agent The making of false statements herein constitutes perjury in the second degree, which is punishable as a class 1 misdemeanor pursuant to C.R.S. 24-4-104 (13)(a). I have read the statements herein, know the contents thereof and state that the are true to m knowled• e. Sign here (Must be original signature) Date 10...teAtak._.._.!'1......._4..�.A Print name & title i m ti -s A, 2, Lstitt�t-c..� P -E. 10 jz/ai7 5. Parcel On Which Well Will Be Located (PLEASE ATTACHA CURRENT DEED FOR THE SUBJECT PARCEL) A. Legal Description (may be provided as an attachment): Proposed Sillivan Subdivision Exemption - Lot 3 See Attached Description B. # of acres in parcel IC. Owner 7.791 Don Sillivan D. Will this be the only well on this parcel? (OYES ONO (if no – list other wells) E. State Parcel ID# (optional) Office Use Only USGS map name WE WR CWCB TOPO MYLAR SB5 DWR map no. Receipt area only DIV WD BA I Surface elev. MD COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATIMIL RESOURCES 1313 SHERMAN ST, RM 81111PENVER, CO 80203 phone — info: (303) 866-3587 main: (303) 866-3581 fax: (303) 866-3589 http://www.water.state.co.us GENERAL PURPOSE Water Well Permit Application Review instructions on reverse side prior to completing form. The form must be completed in black or blue ink or typed. Office Use Only Form GWS -45 (06/2006) 1. Applicant Information Name of applicant . Don Sillivan Mailing address 1512 Grand Avenue, Suite 115 City State Zip code Glenwood Springs CO 81601 Telephone # E-mail (Optional) 970 618-2755 6. Use Of Well (check applicable boxes) Attach a detailed description of uses applied for. ❑ Industrial o Municipal E Irrigation ❑ Commercial E Other (describe): domestic, fire protection 2. Type Of Application (check applicable boxes) ® Construct new well ❑ Replace existing well ❑ Change source (aquifer) ❑ Other: ❑ Use existing well ❑ Change or increase use o Reapplication (expired permit) 7. Well Data (proposed) Maximum pumping rate 15 Total depth 100 gpm Annual amount to be withdrawn 2.5 cum Aquifer feet Colorado River acre-feet 8. Land On Which Ground Water Will Be Used 3. Refer To (if applicable) Well permit # Designated Basin Determination # Water Court case # WDWCD contract pending Well name or # Well #4 4. Location Of Proposed Well County Garfield NE 1/4 of the SE 1/4 Section { Township N or S Range E or W Principal Meridian 4 16 El I:0 91 ❑® 6th Distance of well from section lines (section lines are typically not property lines) 1793 Ft. from ❑NES 440 Ft. from E E ❑ W For replacement wells only — distance and direction from old well to new well - feet direction Well location address (Include City, State, Zip) 0 Check if well address is same as in Item 1. Optional: GPS well location information in UTM format You must check GPS unit for required settings as follows: Format must be UTM 0 Zone 12 or 0 Zone 13 Units must be Meters Datum must be NAD83 Unit must be set to true north Was GPS unit checked for above? 0 YES Easting Northing Remember to set Datum to NAD83 Legal Description (may be provided as an attachment): Proposed Sillivan Subdivision Exemption Lot 4 See Attached Description (If used for crop irrigation, attach a scaled map that shows irrigated area.) A. # Acres B. Owner 8.979 Don Sillivan C. List any other wells or water rights used on this land: 9. Proposed Well Driller License #(optional): 10. Signature Of Applicant(s) Or Authorized Agent The making of false statements herein constitutes perjury in the second degree, which is punishable as a class 1 misdemeanor pursuant to C.R.S. 24-4-104 (13)(a). I have read the statements herein, know the contents thereof and state that the are true to m knowled • e. Sign here (Must be original signature) Print name & title flhi f) r /4--, 2 ►4 C- AJEt.. 00:E Date - /0l a_1 7 5. Parcel On Which Well Will Be Located (PLEASE ATTACH A CURRENT DEED FOR THE SUBJECT PARCEL) A. Legal Description (may be provided as an attachment): Proposed Sillivan Subdivision Exemption - Lot 4 See Attached Description B. # of acres in parcel j C. Owner ._._.._ . _.... 8.979 Don Sillivan D. Will this be the only well on this parcel? EYES ONO (if no — list other wells) E. State Parcel ID# (optional): Office Use Only USGS map name DWR map no. Receipt area only Surface elev. WE WR CWCB TOPO MYLAR SB5 DIV WD BA MD • F WQ a otim1°w e UO ,4,,, R 0 qaa$C.7 F--,1,_,0 U �� 4 F 3 h W 0. F o p V 4 g e q °N a, p �w0 44 E,.. 4p2,0 40. yj F "� n 0 0 x O N 0 0 oM e,,, �iO (-• OUOw,g ,,4.ota r� �.a RC r4ii!li0 W 000 § y0a'� `00 WgOU cv .61 Fc4Oaq v60°, ti0° OW C8 00 O U 7 a N &I` a U - ' OP. 6 W 6 0 O • U M� W b N OM b O0) 0') WMM M hM y O b W N M O0 N V 4 N 0 0) 0) U M0) 1 N30 20'30'E cry a h0)U Mb tin tiN bb ti M Er?„' O W n F M 0) NNM 03 ri M nb nOO O 0 O n 0OO U iN U U EW O O qF fij h UgPr1 ep 1 -ASF[t'4 OW' W toy [• a, O M 0o 0) O b W Ix1ry oobko Ol-.7,i 41h U4 `�” 1 4 � F�' W M b� M y Ili n (i' �L' w1 1opwwwww3$`go w ww U °. 0 4 o �' ro v y* o rF OE, O�p E. :8 a.nmv-o A .,:l Oto 4¢'+FOO'00) a o03 ,`' M �}�. y .. q f� F O a M N b o 0 0 0 M EW. W °U O4'Or.4.-....,4100n U ,_; criv vi ,: cd o;UO APPLICATION TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT 109 West Fourth Street, P. O. Box 1478, Rifle, Colorado 81650 water@wdwcd.org Fax: (970) 625-2796 Telephone: (970) 625-5461 1. APPLICANT INFORMATION Name: Sillivan Subdivision Exemption HOA Mailing address: 1512 Grand Avenue. Suite 115 Glenwood Springs. CO 81601 Telephone: 970 618-2755 Authorized agent: Thomas A. Zancanella. P.E. 2. COURT CASE #'s: Decree Case No. Augmentation Plan Case No. 3. USE OF WATER 0 RESIDENTIAL (check applicable boxes) ❑Q Ordinary household use Number of dwellings: 4 0 Subdivision: No. constructed units: 0 No. vacant lots 4 0 Home garden/lawn irrigation of 10,000 per lot sq. ft. Method of irrigation: 0 flood 0 sprinkler 0 drip 0 other ❑ Non-commercial animal watering of animals O Fire Protection ❑ 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 multiple owner wells must be submitted If greater than two owners, application must be made under a homeowners association. ❑ COMMERCIAL (check applicable boxes) Number of units: Total sq. ft. of commercial units: Description of use: ❑ INDUSTRIAL 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: Wells Structure Name: Source: ['Surface ❑Storage ['Ground water Current Permit # vending (attach copy) 5. LOCATION OF STRUCTURE Garfield NE County Quarter/quarter 4 6S Section Township Distance of well from section lines: See attached Table 1 SE Quarter 91 W Range 6th P. M. Elevation: 5.515 Well location address: Address not yet assigned. Located 2.5 miles west of I-70 exist ramp number 105, New Castle, CO (Attach additional pages for multiple structures) 6. LAND ON WHICH WATER WILL BE USED (Legal description may be provided as an attachment.) See attached map Number of acres in tract: 31.8 Inclusion into the District, at Applicant's expense, may be required. 7. TYPE OF SEWAGE SYSTEM 0 Septic tank/absorption leach field ❑Central system ❑Other District name: 8. VOLUME OF LEASED WATER NEEDED IN ACRE FEET: 2.5 See attached Tb12 (minimum of 1 acre foot except augmentation from Alsbury Reservoir where a lesser amount is allowed) Provide engineering 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 pant and su ject to the terms and conditions contained therein. pplicant Sign Applicant Signature Application Date: 947/x7 ISSUED AS AREA B CONTRACT YES X NO 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 APP to • WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT Name of Applicant: Sillivan Subdivision Exemption HOA Quantity of Water in Acre Feet: 2.5 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 AlsburyReservoir 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 and 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 of Applicant. The District reserves the right to review and approve any conditions which maybe 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 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 of water, 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 applying to the District for individual and separate allotment Contracts. No assignment shall be recognized by the District except upon completion and filing of proper 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 than three separate 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 as provided 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 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 limitations 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 acopy of Applicant'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 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 maybe 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 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 B. CONTRACTS: IF APPLICANTS WELL OR OTHER 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 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 APPLICA T. Applicant Applicant 5 4110 STATE OFC 21.--0 /�O ) ss. COUNTY OF (7.--/172,:---ft The foregoing instrument was acknowledged 1>l� , SQL/ ! V14,0 STATE OF ) ss. COUNTY OF i \\1111i11117111f!//g j`! C QUI* before nye on this a day of • ° ° ° 20 by Witness my hand and official seal. My mmission exp s•` / '�_fA • c ®4 „ '''4f 11l I i1i1�'+R�' Notary Pu: is The foregoing instrument 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 President ATTEST: Secretary 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 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 Table 1 Sillivan Exemption Water Demand and Consumptive Use Summary Water Demand Parameters Lots EQRs per Lot In-house Demand per EQR Percent of In-house Water Used Consumptively Lawn Area per EQR Lawn Application Efficiency Annual Consumptive Irrigation Requirement Transit Loss Contingency 4 [1 1.5 [1 350 [gal/day] 15 [%] 6667 [sq. ft.] 80 [%] 2.18 [ft] 5 [%] (1) (2) Water Demands (3) (4) (5) (6) (7) (8) (9) (10) (11) Potable Water Consumption Replacement Water In-house Irrigation Total Rate I I In-house Irrigation Total Rate I I Delayed Impact Transit Losses Release Totals Months [acre -ft] [acre -ft] [acre -f1 [gpm] [acre -ft] [acre -ft] [acre -ft] [gpm] [acre-ft][acre-ft] [_ ] [acre -ft] 0.04 0.04 0.04 0.13 0.26 0.41 0.46 0.41 0.30 0.15 0.06 0.05 January February March April May June July August September October November December Annual 0.20 0.18 0.20 0.19 0.20 0.19 0.20 0.20 0.19 0.20 0.19 0.20 0.00 0.00 0.00 0.17 0.33 0.53 0.57 0.48 0.31 0.10 0.00 0.00 2.35 2.50 0.20 0.18 0.20 0.37 0.53 0.72 0.77 0.68 0.50 0.30 0.19 0.20 4.85 1.46 1.46 1.46 2.76 3.89 5.44 5.65 4.98 3.80 2.21 1.46 1.46 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.35 0.00 0.00 0.00 0.14 0.27 0.42 0.46 0.39 0.25 0.08 0.00 0.00 0.03 0.03 0.03 0.17 0.30 0.45 0.49 0.42 0.28 0.11 0.03 0.03 0.22 0.22 0.22 1.26 2.16 3.41 3.57 3.03 2.09 0.82 0.22 0.22 0.002 0.002 0.002 0.007 0.013 0.020 0.023 0.020 0.015 0.007 0.003 0.002 0.05 0.04 0.04 0.14 0.27 0.43 0.48 0.43 0.31 0.15 0.07 0.05 2.00 2.35 2.35 0.12 2.47 Months January February March April May June July August September October November December Monthly Parameters Days CIR Lagging Factor [ 1 [ft] [ 31.00 28.00 31.00 30.00 31.00 30.00 31.00 31.00 30.00 31.00 30.00 31.00 0.00 0.00 0.00 0.15 0.29 0.46 0.50 0.42 0.27 0.09 0.00 0.00 1.91 1.81 1.75 5.58 11.02 17.31 19.48 17.40 12.73 6.22 2.68 2.11 Annual 365.00 2.18 Zancanella and Associates Inc. Z:\27000\27509 Sillivan, Don\WaterUsage 3/25/07 Equals Number of Lots times EQR per Lot times In -House Demand per EQR time the Days in the month divided by 325,851 Equals Number of Lots times EQR per Lot times Lawn Area per EQR times CIR divided by 43,560 and the Application Efficiency Equals the summation of the In -House and Irrigation water demands Equals the Total water demand times 325,851 divided by the minutes in a month Equals the In -House water demand times the Percent of In -House Water Used Consumptively Equals column (2) times Lawn Application Efficiency Equals the summation of the columns (5) and (6) Equals the Column (7) times 325,851 divided by the minutes in a month Equals column (9) times Lagging Factors from Glover model Equals Column (9) times 5% transit loss Equals the summation of Columns (9) and (10)