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Home My WebLink About1.0 Application• -4- r3•-• GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com Exemption from the Definition of Subdivision GENERAL INFORMATION (To be completed by the applicant.) > Street Address / General Location of Property: / 1 7 1 d 2- ro (fi r'►'Nl10 . CO, . f46 O ' eiStS cet & cofkw CO (oz 0,-40(4 ➢ Legal Description of Parent Property: See 41T 0 hl --V 5 v 2v c1 > Size of Property (in acres) as of January 1, 1973: '4 c > Current Size of Property to be Subdivided (in acres): 4 3 • > Number of Tracts / Lots Created Including remainder of Parent Property: /2- > ➢ Proposed size of Tracts / Lots to be Created Including remainder of Parent Property: o Lot #: t containing • acres o Lot #: containing 2 • o acres o Lot #: containing acres o Lot #: containing acres o Lot #: containing acres > Property's Zone District: > Name of Property Owner (Applicant): T'i!k.. r STtzPriv 6 > Address: ?7`I 7 1 D 2 rd Telephone: 16 3• Z ' (`\ ➢ City: ( t' 1)o v\ Lt. k State: C) Zip Code: Si b 2,3 FAX: > Name of Owner's Representative, if any (Planner, Attorney): L/Y*P- ? > Address: 3' - 15 X 01— /° ."-tk Telephone: 163' c $ 2:3- > 3- > City: a r 1.9 oKoLA-t- State: C. -c3 Zip Code: 816/3 FAX: RECEIVED > Doc. No.: Date Submitted: TC Date: N 0 9 2005 GARFI.EL C.:OUi. i `t' e -P co STAFF USE ONLY BUILDING PLANNING • • YIELD COUNTY BUILDING AND PLANNING DEPARTMENT GARFIELD COUNTY (hereinafter COUNTY) and 1 1� Lc..74 Y�-� 5\YCN (hereinafter APPLICANT) agree as follows: AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) 41. APP ICANT h s submitted to COUNTY an application for ` V `^ \'• .2 i Z .h 3" "`' E=j v�► 4 i f (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT \\\/\ \\.,4 Signature Date: Air S'\rtA ( Print Name Mailing Addre s: �7 " G [ 0 Page 4 s t r a n g 393-b 102 road Carbondale, CO 81623 a r t P. c t $ Garfield County Building and Planning 108 8th Street, Suite 201 Glenwood Springs, CO 81601 970. 963. 9822 Istrang@rof.net Re: Application for Exemption from the Definition of Subdivision for the Strang Ranch Names and addresses of owners of record of land adjoining the ranch. Roger and Amelia Eshelman 7378 100 road Carbondale, CO 81623 James and Valerie Byrnes 90 Clay Lane Aspen, CO 81611 Summers and Mathew Moore PO Box 830 Carbondale, CO 81623 William and Barbara Mcelnea 6059 100 road Carbondale, CO 81623 Laura Vandyne 6283 100 road Carbondale, CO 81623 Jay and Ann Halliday 5763 100 road Carbondale, CO 81623 Eric Calderon and Newton Bartley 5644 100 road Carbondale, CO 81623 Evelyn and Ziska Childs 284 102 road Carbondale, CO 81623 Missouri Heights Community League ATTN: Brenda Peters 5351 100 road Carbondale, CO 81623 Hunt Properties LTD. 14913 Highway 82 Carbondale, CO 81623-9529 Kim Gerringer 0880 Buck Point Road Carbondale, CO 81623 S t r a• n g Ar c hi t e• t s 393-b 102 road Carbondale, CO 81623 970. 963. 9822 lathropstrang@earthlink.net Theodora Hill 921 Dauphine Street New Orleans, LA 70016 Drake and Judith Benson 1015 Lauren Lane Basalt, CO 81621 Seth Hollar and Lisa Hatem 0115 Boomerang Road No. 5403 Aspen, CO 81611 Ken and Emily Ransford 475 Sierra Vista Carbondale, CO 81623 1'� i \kr 0 wV.Q,r 2- i or) ` U rem 1/4/v,.\ (-tiAAA,4 • 4qi'v/3)) I co ,oars 3! C Z \7Dt2N C0 01\ -`r / t • • N10 RV C `GARQFSIELD COUNTY BUILDING AND PLANNING DEPARTMENT 00 uN copIll AGREEMENT FOR PAYMENT FORM G04\ -6°S,9\ -P\°\1 (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and \ \ �u^z'' � ;�= 5 \sf ` �{ (hereinafter APPLICANT) agree as follows: 1. �1PP ICANT has submitted to COUNTY an application for 1— fir, V `o \&~� c.r.nn-- 4.1 0 .Zk--\ , v1., < < i f %.').. (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT k\AA Signature Date: Z0: oc7 LLkJ Print Name MailingAddres: -27�--- J�o.�-�l► lac ,(?)1L' a, Page 4 s t r a n 9 a r h i t s 393-b 102 road Carbondale, CO 81623 970. 963. 9822 Istrang@rof.net Garfield County Building and Planning 108 8th Street, Suite 201 Glenwood Springs, CO 81601 Re: Application for Exemption from the Definition of Subdivision for the Strang Ranch Names and addresses of owners of record of land adjoining the ranch. Roger and Amelia Eshelman 7378 100 road Carbondale, CO 81623 James and Valerie Byrnes 90 Clay Lane Aspen, CO 81611 Summers and Mathew Moore PO Box 830 Carbondale, CO 81623 William and Barbara Mcelnea 6059 100 road Carbondale, CO 81623 Laura Vandyne 6283 100 road Carbondale, CO 81623 Jay and Ann Halliday 5763 100 road Carbondale, CO 81623 Eric Calderon and Newton Bartley 5644 100 road Carbondale, CO 81623 Evelyn and Ziska Childs 284 102 road Carbondale, CO 81623 Missouri Heights Community League ATTN: Brenda Peters 5351 100 road Carbondale, CO 81623 Hunt Properties LTD. 14913 Highway 82 Carbondale, CO 81623-9529 Kim Gerringer 0880 Buck Point Road Carbondale, CO 81623 • S t r a n g A r c h I t e c t s 393-b 102 road Carbondale, CO 81623 970. 963. 9822 lathropstrang@earthlink.net Theodora Hill 921 Dauphine Street New Orleans, LA 70016 Drake and Judith Benson 1015 Lauren Lane Basalt, CO 81621 Seth Hollar and Lisa Hatem 0115 Boomerang Road No. 5403 Aspen, CO 81611 Ken and Emily Ransford 475 Sierra Vista Carbondale, CO 81623 i a Com, t -o ci - o f}-VktAkA.,01,4 5\-)rt'v-v) 6 12. ,oNZ5 49 SS s t r a no • 393-b 102 road Carbondale, CO 81623 June 6, 2005, Garfield County Building and Planning 108 8th Street, Suite 201 Glenwood Springs, CO 81601 970. 963. 9822 Istrang@rof.net Re: Application for Exemption from the Definition of Subdivision for the Strang Ranch To Whom It May Concern: I am the son of the owners of the Strang Ranch (Mike and Kit Strang). I was born and raised on the ranch and would like to continue to live and work on the ranch with my family. We are applying for this exemption to create a lot around an existing cabin (Lot 2) that I currently live in with my wife and child. The cabin is about 600 s.f. It was originally built around the turn of the century. I am planning to build an addition on to the cabin and need to create this lot so that I can obtain a building permit. The cabin is currently served by the existing well designated "Strang Well No. 3" (See attached). The main ranch house on Lot 1 is served by the existing well designated "Strang Well No. 2" (See attached). We will be building a new individual septic system for the cabin. There is an existing septic system for the main residence. Thank y•u, Lathrd Strang • • 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: x1. Provide a narrative explaining why exemption is being requested. 0*. 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. ‘X. 5 Names and addresses of oners 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, an tenants of any structure proposed for conversion. 1/4 ` Evidence of soil types and characteristics of each type located on the property. Provide proof of legal and adequate source of domestic water for each lot created. 4 Method of sewage disposal. Provide a letter of approval of fire protection plan from the appropriate fire district in which the subject property is located. f10cv . 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. ./F1. 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. 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. Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant. X12. 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. 2 393-b 102 road Carbondale, CO 81623 June 6, 2005, Garfield County Building and Planning 108 8th Street, Suite 201 Glenwood Springs, CO 81601 970. 963. 9822 Re: Application for Exemption from the Definition of Subdivision for the Strang Ranch Istrang@rof.net To Whom It May Concern: The Strang Ranch has existed in its present configuration since before January 1, 1973. There have been no subdivisions or changes in size or configuration. Thank you, 4 r �, c �' (;6 C� 6 - �' � Mike and Kit Strang p `'\^� s t r a n g a r t e c t s 393-b 102 road Carbondale, CO 81623 Garfield County Building and Planning 108 8th Street, Suite 201 Glenwood Springs, CO 81601 970. 963. 9822 Istrang@rof.net Re: Application for Exemption from the Definition of Subdivision for the Strang Ranch Names and addresses of owners of record of land adjoining the ranch. Roger and Amelia Eshelman 7378 100 road Carbondale, CO 81623 James and Valerie Byrnes 90 Clay Lane Aspen, CO 81611 Summers and Mathew Moore PO Box 830 Carbondale, CO 81623 William and Barbara Mcelnea 6059 100 road Carbondale, CO 81623 Laura Vandyne 6283 100 road Carbondale, CO 81623 Jay and Ann Halliday 5763 100 road Carbondale, CO 81623 Eric Calderon and Newton Bartley 5644 100 road Carbondale, CO 81623 Evelyn and Ziska Childs 284 102 road Carbondale, CO 81623 Missouri Heights Community League ATTN: Brenda Peters 5351 100 road Carbondale, CO 81623 Hunt Properties LTD. 14913 Highway 82 Carbondale, CO 81623-9529 Kim Gerringer 0880 Buck Point Road Carbondale, CO 81623 S t r• n g A r c h 1 t ec t s 393-b 102 road Carbondale, CO 81623 970. 963. 9822 lathropstrang@earthlink.net Theodora Hill 921 Dauphine Street New Orleans, LA 70016 Drake and Judith Benson 1015 Lauren Lane Basalt, CO 81621 Seth Hollar and Lisa Hatem 0115 Boomerang Road No. 5403 Aspen, CO 81611 Ken and Emily Ransford 475 Sierra Vista Carbondale, CO 81623 book 3b4 Page 588 Recorded ak...__ /�jD etaek....P...M.....-.SQar.C11...al.r....1565 RecepttonNo..2Z.41 -„- _Digs. S. Keegan Recorder. THIS INDENTURE, Made this day or March ,1t65 ,between MICHAEL L. STRANG and KATHLEEN S. STRANG whose address is Carbondale, Colorado part les of the first part, and the Public Trustee of in the State of Colorado, party of the second party,County of Garfield THAT, WHEREAS, The said Witnesseth: MICHAEL L. STRANG and KATHLEEN S. STRANG ha ve executed their promissory note bearing even date herewith, for the principal sum of ---Sixty—three Thousand and no/100 payable to the order ofFRIEDA PRECHTEL Dollars, whose address is Denver, Colorado p1.-W�x wicodauftxMlemAkxitbtfAbei xAbcxbdeA xxk a�[7pieriod of seven years pelu ereespayablt ee$3,0000.00e of 6peer year for er annum on the unpaid balance. The first $3,000.00 shall be due and payable January 20, 1966, and each anniversary thereof for seven years. Then commencing January 20, 1973, payments shall be $5,250.00 per year plus interest at the rate of 61/2% per annum for a period of eight years. AND WHEREAS, The said parte sof the first part are desirous of securing principal and interest of said promissory note in whose hands soever the said note 6 P+lyment of the NOW, THEREFORE, The said pard es,f the firstor ply of them may be. part, in consideration of the premises, and for the purpose aforesaid, do hereby grant, bargain, sell and convey unto the said platy of the second part in trust forever,' the following described property, situate in the County of Garfield NE'SWa and Lots 1, 2 and 3 of Section 17, NESE; and tnLotte s or 18aanddo, to w9 it: of Section 18, Lots 5, 6 and 7 Section 19 and NWaSWA4 and Lots 1, 2 and 3 Section 20 LESS corner square acre, lying in the NE corner of NWA4SW4 of Section 20 all in Tp. 7 S., R. 87 West containing 480 acres more or less and all water rights used in connection with said land, including, but not limited to, the description of water rights as shown on Exhibit "A" attached hereto. TO HAVH AND TO HOLD the sane, together with all and singular the privileges and nppiertunees, thereunto belonging: 1t, Treat Nevarth , That 1n ease of default In the payment of said note or tory of them, or i thereof, or In the payment of the Intorent thereon, a any part In the payment of ray paler et a nbrnne.e, principal•nerd lag to the tenor and eor in ffect of said nolo any of them, or violation or breach of any of the terms, condiions, covenants or agroemen ea herein cot ntained, then belaeficiarya here- oder or the legal holder of the hub'btednoss secured hereby may declare a violation of any of the covenants herein contained and elect to advertise sold property for sale and demand such sale, then, upon (Ill MO demand for sale tvlth copy fwild the. party of the secondu{ receipt rag notice ,of such election demand for sola cauw, a 0 , sante to be recorded In the whorecorler's office of the county c In whh iich said heal estate Is situated, It shall and may be lawful for said party of the second part to sell and dispose of the same (en manse or in separate parcels, as said Peddle Trustee may think best), and all the right, title and Interest of sold partle S of the first part, their heirs or nsedgns therein, at public auction at the front door of the rourt House, In the County sty of Garfield . state f Colorado, or on sold reprises, or any part thereof may be specified In the notice of said ale. for the highest and best price the same will Pring In cash, four weeks' public notice laving been previously given orthe time and place of such sale. by advertisement, weekly, Ina newspaper of general circulation at that time published In said county orGarfieldce s all within ten days from the date of the first a f tIl u[ which notice shall be ,herein given and to such person orpersons appearing to publication acquired llet sold quent recoart rd interestIIIo 1,, 811.1I1 real address a rt ,the ' dd,030 given in the recorded Insi.runlent; where only the county and state Is given as the address tthen such o„1 ice shall ° y sent, and to make"arts give to the purchaser or purchnoers of such prol''r11 1.11 such sale, a rtiflcata or certificates lar writing ,describing ouch property purchased, and the autn or sums paid therefor. and the line when the purchaser or purchasers (or other person entitled thereto) shall he entitled to a deed or deeds therefor, persons esthe sem [shall becre,Ittime or d as is provided �y law: and aid Peddle Trustee shall, upon demand by the person entitprns h n dyed to and far the proper[ ° purchase, when said demand is trade, r upon demand by teor led, make and o and to such y purchased, at the time Reich demand Is made, the time for redemption having ,ear shall be In the ordinary term of a conveyance and ersona a a shall d or be signed, eeds to itacknowe said iledgedl property delivered by the said l l'nblle Trustee, 03 grantor, and shall convey and quit -claim to such persue or persons entItlel to Bach deed, oe grantee, the sad property purrhnsed us aforesaid and all the right, title, interest, benefit and equity of redemption of the partle S ut the first part, the it heirs and assigns therein, and shall recite the sum or was sold and shall refer to the power of sale therein contained, and to the sale orsales made by v sone t the old pleepctase , L' on assignment of such certificate ter certificates or purchase, )' Irche thereof: , td In need ncunibrne•rr, suchassignmento redemption shall also lee referred to in such edl' ,1 or de1111100,1 I,1 eds; but rho noby n tle,, of snit. not be .et out In emelt deed or deeds; and the said Public Trustee shall. oat of the proeeods or avails of such nab,, after first paying and retaining all fees, charges and costs of making said sale, pay to the beneficiary har°nndar or the Legal holder of Raid note the principal and Interest due on said note according to the tenor eel etteet thereof, :and all moneys advance,) by such beneficiary or legal holder of said note for Insurance, taxes mill asaessmeni.v, with interest thereon at -10-per cent per annum, rendering the overplua, If any, unto the aidie S„ I gal Dnrt [ the (fret parr. the it a represe•nhativra or asdgns; whir; artle or spins and said deed or deeds Po ,nada shall be a perpetual bar. bell, In low and equity, against the said parties of the first part. their ;etre and assigns, and all 1 other persona claimng the .sold property, , any pert thereof. hy, from, through or under said part r any f then. Theholder or holders of said note or notes may !Iambus.. saidl aro of rho first part, int he of upon the puruhnser or pur,•hnaern at any such sale to see to the property nyof (helper thereof; and It shall u reletuae deed be purchase money. If the expense thereof.qulred, It la agreed that the port ie 3 n[ the first part, the ler heirs or seal gra, will pay No. 341-A. DEED OF TRUST—Pnblie Trustee—Itetotver'e Clause—attornerl Fen, —Bradford -Robinson Printing company. 1821-46 stout street, Denver, Colorado 'And the aald part ,eg Of the -le flrsl il t a". ,� el t i res the-- t'he E . haSrs. exenuters acid administrators, covenant and agree Lo mr,,A u,.h this said pr t oL • second part thee at the ti n',e cit this annealing of and delivery of Lina° prnnontsthey are welt selsr€t of the *aid l :Lids earl tenorneeet in ,fee simile, and ha ve good richt, full power and lawful nurhetety to grant, bargnln, seiill iiYAdoeAtvay th° aa'me !Pk me ser ewe farm as aforesaid: hereby fully and absolutely waiving and releasing an right*. as- Anti.}. h .may have In or td salt lands • tenements, and property as a Homestead Exemption, or otheg aprtemptloD .t rind by virtue of any 'Lot of the Gk../Assembly of the State of colored °, now existing Or which m '1h 0 4ter.an.yassed in relation thereto Lod. that the same -are free and clear of all liens and encumbrances whatever, ii,I }t . , #, <+ ' - 0ed the above bargained property In the quiet and peaceable poesoesfon of the said party of the eecond part hie aucceaeors and ameigns, agelnet Ail and, every personor pernone lawfully claiming or to Claim the whole or any partthereof, the said part ie s of the ttrot part shall &and. will Warrant and >rorevaa Defend. " i And that during the continuance of said indebtedness or mai part thereof, the said parties of the first Dart w111 Itt due season pay all taxes and aneoeamente levied on said property; all amounts due on account of principal and interest on prior encumbrances, 1t anyi and will keep all buildings that may at any time be on said lands, insured against loss by fire with extended coverage endorsement In snob company, or',companlea asthe holder of said note may, from time to time, direct, for such eom'or ennui as swell company or companies :will insure for, not to• exceed the amount of sale Indebtedness, except at the option of said ponies of the brat part. with loan, It any, payable to the bene[lelnryhereundelt. aathe it Internet may appear, and will deliver the policy or policies of insurance to the beneficiary hereunder, as further security for, the Andebtednese ntoreaai d.. And in mss of the failure of said pnrtie s of the fleet part to thus Insure and deliver the policies of lnsuranco,'or to pay much texas or a0eeaements or amounts due or to become due on any prior encumbrances, It any, then the holder of amid note or any of them, may procure such insuran0e, or pay such taxes or Rearmaments. or amounts due upon, prior encumbrances, If any, and,all moneys thus paid, with interest thereon at - 10- per centum per annum shalt become so much additional Indebtedness, securedby thle Deed of Trost. and shall be peed out of the proceeds <f the gale of the property afnremaid If not otherwise paid by said eerie s of the first part caul may for such failure declare a violation of thla covenant anti agreement.. d1fD TEAT IA CASH Or LIrr D7rAVLT, Whereby the right of foreclosure occurs hereundor, the Bald party of the second part or the holder of meld note or certificateof purchase, shall at once becomeentitled to the poeseselon. use and enjoyment of the property aforesaid, and to the rents, Isauee tend profits thereof. from the accruing of such right and duringthe pendency of foreclosure prooeedings and the period of redemption, If any there be; and such poeeession shall at once be deliveredto the said party of tbo second part or the holder of said note or certificate or purchase on request, • and on refusal, the delivery of such possession may be enforced by the said party of the second part or the holder of said note or certificate of purchase by any appropriate Civil atilt or proceeding, and the meld party of the second part, or. the holder of said note • ` or certificate of purchase, or any thereof shall be entitled to a Receiver for said property and of the rents lsu nuoe end profits thereof, after such default, Including the time covered by foreoloare proceeding., and the period of redemptIoo,. If any there be, and shall be entitled thereto as n matter of right without regard to the solvency or tneolvency of the part of the fiat part or of the then owner of maid property and without regard to the value thereof. and such Receiver may be appointed by any court of competent jurisdiction upon ex pert° appltcatlon and without ?Intim,- notion being hereby *serenely tvatvod—and all rents, Issues and pronto. Income mend revenue therefrom shall be applied by such Roeelvor to the payment of the 1ndobtednese hereby natured, according to law and the orders and directions of the court. AND, That in ease of default In any of said payments of principal or Interest. according to the tenor and effect of said promissory note aforesaid, or any of them, or any part tberoot, or sof a breach or violation of any of the convenants or agreement. herein. liy the part les of the first part,. executors, administrators or assigns, then and In that Cane the whole of said principal au-herebyencored, and th'ee7Rtlhb,t thereon to the time of sale, may at once, at the option of the legal holder thereof, boomne due and payable, and the. Bald property be mold. In the manner end with the same effect tee if said Indebtednees had matured, and that if foroolomero be mad, by the Publle Trustee. an. attorney's fee of thesum o1 a reasonable amount xdbMits for services in the supervision of said foreclosure preeeedinga shall be allowed by the Public Trustee as a part of the coat of foreclosure, and if foreclosure be made through the court. a reasonable attorney's fee 'hall be taxed by the court as e. part of the cost. of such foreclosure proceedings. Ili WITNESS WRDSHor, The meld parties of the first mart halve hereunto pet their hang and seal S the day and year first above written. WITNESS; STATE OP` COLORADO, . „County of�7 SZrr,+,.1 1 t.i ns. The foregoing Instrument was acknowledged before me this dayor..,March....,.... 165..... by. Mich ae1..L..,Stranr3 and Kathleen S. Strand Oly commission expires 5 _ Witness my hand and official seal. EXHIBIT "A" All of the water rights and ditch rights in the Needham Ditch, which ditch is No. 76 in Water District No. 38, described as follows: 6/10 of one cu. ft. of water per second of time in the enlargement of the Needham Ditch, which ditch is No. 76 in Water District No. 38. An interest in and to the Needham Ditch and water rights, whip ditch is No. 76 in Water District No. 38, said interest being an undivided 1/6 interest in said ditch itself and all of Priority No. 100 being the entire appropriation by original construction of said ditch. An interest in and to the said Needham Ditch and water rights connected therewith, said interest being an undivided 1/2 interest in and to said ditch itself and an undivided 1/10 interest in and to the enlargement water right in said ditch, Priority No. 163. Also an'.undivided 1/2 interest in and to the Needham Waste Water Ditch No. 143 AA , and a like 1/2 interest in the water rights therein An interest in and to the waste water appropriation from the Meyers Enlargement of the Needham Ditch as described by Document No. 27553 80 shares in the Missouri Heights Irrigation Company, as represented by Certificate No. 12. STATE OF COLORADO, ) ss. COUNTY OF GARFIELD. ) Subscribed and sworn to before me this'71 day of March, 1965, by Michael L. Strang and Kathleen S. Strang. Witness my hand and'official seal. ley .Commission Expires: ! 4.'r t`'tC s Notary Public 1 Carbondale & Rural Fire Protection District 300 Meadowood Dr. Carbondale Colorado 81623 970-963-2491 June 7, 2005 Garfield County Building & Planning Department 109 8th St. Glenwood Springs, CO 81601 Dear Planning Department Mike & Kit Strang are applying for a sub -division exemption allowing them to split off and create a new lot approximately 2 acres in size from their larger ranch property. The address is 393-B County Road 102, Carbondale Colorado. The property is within the boundaries of, and is serviced by, the Carbondale & Rural Fire Protection District. The District will provide fire response from Station 5 located about .5 miles from the subject property. Additional fire response will come from the Station 1 located in Carbondale. The water carried on the fire trucks amounting to approximately 9000 gallons will provide water supply for fire protection. Additional water supply is available at a number of fill sites is Missouri Heights. Response time to the subject property is approximately 12 to 15 minutes. If you have any questions please feel free to contact me at 963-2491. Sincerely, Ron Leach, Fire Chief Carbondale & Rural Fire Protection District Strang Ranch Phase II Conserv. Easement _ Baseline Inventory *Soil T Slo Page 7 Empedrado Loam 2-6 % Deep, well drained soil on alluvial fans and upland hills formed from alluvium and eolian material. Well-suited for alfalfa, hay and pasture. Can produce up to 5 tons of irrigated grass hay per acre annually. Empedrado Loam 6-12 % Similar to above, limited mainly by slope. Can produce up to 4 tons of irrigated grass hay annually. Empedrado Loam 12-25 % Similar to above, but used mainly for rangeland rather than irrigated pasture due to steeper slope limitations. Can produce up to 3.5 tons of irrigated grass hay annually. Evanston Loam 1-6 % Deep, well drained soil on alluvial fans, terraces, and valley sides. Formed in alluvium derived from material of mixed mineralogy. Used mainly for rangeland, also for pasture, hay, crops, and wildlife. Can produce up to 5 tons of irrigated grass hay per acre annually. Morval-Tridell Complex 12-50 % Deep, well drained soil on alluvial fans and mountainsides. Used for ranwland or firewood production. Poorly suited to homesite development. Shovelter-Morval Complex 5-15 % Deep, well drained soil on alluvial fans, high terraces, and valley sk s. Formed in alluvium derived mainly from basalt. Used for rangeland, hay, crops or homesite development. Moderately suited for hay and crops, limited by stoniness, slope and slowpermeability. Can produce up to 3 tons of irrigated grass hay per acre. Showalter-Morval Complex 15-25 % Deep, well drained soil on alluvial fans, high terraces, and valley sides. Formed in alluvium derived mainly from basalt. Used for rangeland, hay, and homesite development. Hay and pasture limited by stoniness, slope, and slow permeability. Poorly suited to homesite development. ee Attachm ent C for detailed maps and descriptions of each of these soil types. Of the above soil types, the irrigated portion of the easement property consists mainly of Empedrado loam on 2-6%slopes, which contributes greatly to the agricultural values of the property. This soil type is very well suited to raising hay and crops and for providing irrigated pasture. The wildlife habitat on the eastern hillside of the easement property consists of a combination of Empedrado loam on 12-25% slopes, Morval-Tridell complex on 12-50% slopes, and Shovelter-Morval complex on 15-25% slopes. The soils are not irrigated, and support sagebrush and rabbitbrush dominated plant communities, which provide excellent wildlife habitat and forage for deer and elk (Attachment C). HAZARD 0 US MATERIALS : There is no evidence of dumping or storage of hazardous materials at any time on the easement property, though no environmental site or hazardous materials assessments of the property have been completed. Thepurpose of this cascmcnt is to pr *. t- • p crpctutty . ri ary- Conservation Vale -of the -Property is th space including agriculture. Irrigation of the PropcFty help3 to control weeds, provide orb coax slQmO-stic and stock watering TYPE OR PRINT IN BLACK INK COPY OF ACCEPTED STATEMENT MAILED ON REQUEST. COLORADO DIVISION OF WATER RESOURC 5 818 Centennial Bldg,, 1313 Sherman St. I Denver, Colorado 80203 STATE OF COLORADO COUNTY OF PTTKIN SS. p�^�- v RECEJ EO 'UL 1 6 1971 anouleas (AFFIEEL _._,X. _ STATEMENT OF BENEFICIAL USE OF GROUND WATER ECV D X AMENDMENT OF EXISTING RECORD ' Mama. 3 197g LATE REGISTRATION G41:5 81 _F 'AM _ OriginNo. 30219 pm imam Mx PERMIT NUMBER (Strang Well No.3 }OCATION OF WELL THE AFFIANT(S) Michael L. Strang and Kathleen S.Stgg,g Garfield whose mailing address is Route 1, Box 60 _6 of the NE %, Section 19 City Carbondale, Colorado 81623 Twp 7 S Rng. 87 W 6th p M is*Art) (Lir) iN OO 5, (r GP'wi' being duly sworn upon oath, deposes and says that he (they) his (are) the owner( s) of the well described hereon; the well is located os described above, at distances of /egt4tt cCfr"o dtheur r CsaetcOroonni inmeacgict H`e=,3 . feet from the (NOP,. On ApuTw) Ecl section line; water from this well was first applied to a beneficial use for the purpose(s) described herein on the 1st LEAST OP WL}T) day of June. , 19.643_; the maximum sustained pumping rate of the well is 35 gallons per minute, the pumping rate claimed hereby is 35 gallons per minute; the total depth of the well is 220 feet; the average annual amount of water to be diverted is 25 acre-feet; for which claim is hereby made for purpose(s); the -legal description of the land on which the water from this well is used is SW corner of Lot 6. Sec 19 of which acres are irrigated and which is illustrated on the map on the reverse side of this form; that this well was completed in compliance with the permit approved therefor; this statement of beneficial use of ground water is filed in compliance with law; he (they) has (hove) read the statements made hereon; knows the content thereof; and that the same are true of his (their) knowledge. (COMPLETE REVERSE SIDE OF THIS FORM) Signature( s) Subscribed- a-ndsW rn „float to before m£,•oa-,thi s day of July My Commission eexpire-s: bong ism 199 ACCEPTED FOR FIL PURSUANT TO THE BY THE STATE ENGINEER OF COLORADO LOWING CONDITIONS: 1) PURSUANT TO THE DECREE GRANTED BY THE DIVISION 5 WATER COURT IN CASE NO. W-3960. Ste.- Ali Q4 Me DAT E FOR OFFICE USE ONLY Court Co.. Na. .u11 43960 Prior C'ty See. Well Use 'N_.3 Mo Day _ Yr Dlst_ ,rosin _ __.___ Mon. [lir. • WRJ-5•Ray. 76 COLORADO DIVISION OF WATER RESOURCES C 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 802cRECEIVED NOV 1 3 1979 PERMIT APPLICATION FORM Application must WATER n sppgces be complete where (X) A PERMIT TO USE GROUND WATER STATE ENGINEER applicable. Type or ix I A PERMIT TO CONSTRUCT A WELL COLO, print in BLACK FOR: (X I A PERMIT TO INSTALL A PUMP INK. No overstrikes or erasures unless ( ) REPLACEMENT FOR NO. initialed. (X) OTHER This per r glaces old Permit No. 30219 WATER COURT CASE NO. w--3960 (1) (1) APPLICANT - mailing address Michael L. Strang NAME ICA 1-h1 PPtl S. Strang STREET RQute 1_, Box 60 CITY Carbnnrla7.t?, Cotorat (State) (Zip) TELEPHONE NO 9-2'11 9 (2) LOCATION QF PROPOSED WELL county _Garfield - NE '4 of the NE Y. Section 19 Twp. 7 S , Rng. 87 6th P.M. iN.SI IEMI (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) 35 Average annual amount of ground water 2 5 to be appropriated (acre-feet): Number of apes to be irrigated: Proposed total depth (feet)• 3 220 Aquifer ground water is to be obtained from; N/A Owner's well designation Strang Wr,1 1 Nn - 3 GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY - no irrigation (0) (X) DOMESTIC (1) ( I INDUSTRIAL (5) (XI LIVESTOCK (21 ( ) IRRIGATION (61 ( ) COMMERCIAL (4) ( ) MUNICIPAL 18) ( ) OTHER (9) DETAIL THE USE ON BACK IN (11) (4) QRILLER Name Street City Phe x --- Aziz. na 85g9- (5tale, (Zia) "t61727-2'53 13777 3$13 Telephone No. Lic. No FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No. , / A P-5- A3 Basin Dist. 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 the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 1) APPROVED SUBJECT TO THE PROVISIONS AND ISSUANCE OF CASE NO. W-3960 BY THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5. 2)THE PUMPING RATE OF THIS WELL SHALL BE LIMITED TO 35 GPM OR THE ACTUAL YIELD OF THE AQUIFER, WHICHEVER IS LESS. 3) THE ANNUAL AMOUNT OF GROUND WATER TO BE APPRO- PRIATED FROM THIS WELL SHALL BE LIMITED TO 25 ACRE-FEET PER YEAR. 4) A TOTALIZING -FLOW METER MUST BE INSTALLED ON THE WELL DIStCHARGE WHEN THIS WATER IS PUT TO BENE- FICIAL USE. DIVERSION RECORDS SMALL BE SUBMITTED, UPON REQUEST, TO THE DIVISION OF WATER RESOURCES. 5) ISSUANCE OF THIS PERMIT CANCELS PERMIT NO. 30219. 6) THIS WELL SHALL BE EQUIPPED WITH A WELL CAP OF THE TYPE SO AS TO ALLOW WATER LEVEL MEASUREMENTS TO BE MADE. ACCESS TO THE WELL SHALL BE MADE AVAILABLE TO PERSONNEL OF THE DIVISION OF WATER RESOURCES. APPLICATION APPROVED{ PERMIT NUMBER 24581- F - DATE ISSUED DEC 311979 EXPIRATION DATE DEC 31 1980 BY N {S� I.D. 5'-3D COUNTY '2'3 IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 STATE OF COLORADO Application No. W-3960 IN THE MATTER OF THE APPLICATION ) FOR WATER RIGHTS OF MICHAEL L. STRANG AND ) KATHLEEN S. STRANG ) IN THE ROARING FORK RIVER ) OR ITS TRIBUTARIES ) TRIBUTARY INVOLVED: UNNAMED ) IN GARFIELD COUNTY ) FILED 174i b a. COURT i' al No. APR 2519 MATS ,Y'S r COLORAD0 '+ Arr..9t CLERK + J iii' twpur' RULING OF REFEREE The above entitled application was filed on December 26,1978, and was referred to the undersigned as Water Referee for Water Division No.5, State of Colorado, by the Water Judge of said Court on the llth day of January, 1979, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, known as The Water Right Determination and Administration Act of 1969. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the application are true and having become fully advised withrespect to the subject matter of the applicationdoes hereby make the following determination and ruling as the Referee in this matter, to -wit: 1. The statements in the application are true. 2. The name of the structure is Strang Well. No. 3. 3. The names of the claimants and address: Michael L. Strang and Kathleen S. Strang; Route 1, Box 60; Carbondale, Colorado, 4. The source of the water is a well having a depth of 220 feet, and being tributary to an unnamed tributary of the Roaring Fork River. 5. The well is located in the SES NE4 of Section 19, T.' 7 S., R. 87 W. of the 6th P.M. at a point whence East Quarter Corner of. Section 18, said Township and Range, baars N. 05°43'15" E. 4,242.65 feet.. 6. The use of the water.is domestic and livestock water. 7. The date. of initiation of appropriation is June, 1968.. 8. The amount of water claimed is 0.077 cubic foot of water per second of time, absolute. 9. The well was completed and the water first applied to the above beneficial uses in June, 1969. to- 3944' • 3 7- 10. 10. On December 31, 1979, Permit No. 24581-F was issued by the Office of the State Engineer subject to the following "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 the permit does not assure the applicant that no injury will occur to. another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 1. Approved subject to the provisions and issuance of Case No. W-3960 by the District Courtin and for Water Division No. 5. 2. The pumping rate of this well shall be limited to 35 gpm or the actual yield of the aquifer, whichever is less. 3. The annual amount of ground water to be appro- priated from this well shall be limited to 25 acre-feet per year. 4. A totalizing flow meter must be installed on the well discharge when this water .is put to beneficial use. Diversion records shall be submitted, upon request, to the Division of Water Resources. 5. Issuance of this permit cancels Permit No. 30219. 6. This well shall be equipped with a well cap of the type so as to allow water level measurements to be made. Access to the well shall be made available to personnel of the Division of Water Resources. The Referee does therefore conclude that the above entitled application should be granted and that .0.077 cubic foot .of water per second of time is hereby awarded to. Strang Well No. 3, for domestic and livestock water uses, with. appropriation date of the 1st day of June, 1968, absolutely and unconditionally; subject,_ however, to. the "conditions of approval" of the Permit as set forth. in paragraph 10 above. The above described underground water right meets the criteria for an exempt domestic well pursuant to C.R.S. 1973, 37-92-602(1) (e), so long as it. is used for the -purposes set forth herein, and by statute. It is accordingly ORDERED that this ruling shall be filed with the Water Clerk and shall become effective upon such filing, subject to Judicial review pursuant; to Section 3.7-92-304 CRS 1973. • It is further ORDERED that a copy of this ruling shall. be filed with.. the appropriate Division Engineer and the State Engineer. Done at the City of Glenwood Springs, Colorado, this 25 day of April, 1980. No p-ro.1f.- was in t'or., matr. Th() foregoing igis confirmt,...‹. an 3 approved, (1;1%7.1 is m::, -"h jUDdE BY THE REFEREE: Re eree W. er Division No. 5 State of Colorado TYPE OR PRINT IN BLACK INK. COPY OF ACCEPTED STATEMENT MAILED ON REQUEST. it tr COLORADO DIVISION OF WATER RESOUR ES RECEIVED 818 Centennial Bldg., 1313 Sh rEQEIVEy JUL '1 6 19? Deriver, Colorado 80203NOV 1 3 1978 UMW IMMO TER RESOIITh AF Ft Arc ENGINEER COLO. STATE OF COLORADO COUNTY OF _ PITKI� X STATEMENT OF BENEFICIAL USE OF GROUND WATER X AMENDMENT OF EXISTING RECORD %� LATE,g GIST Wetter ter CoCa.f,."r C,�-a1 Ak• !�— #7,rRATION 1 New Registration (Strang Well No. 2) PERMIT NUMBER 1 1 it 9 1 C_ Michael L. Strang THE AFFIANT(S) Kathleen .S Strang county S;arfte1r1 whose mailing LOCATION OF WELL address is City being duly located as Route 1, Box £ SW Carlrnd1p, _Colorado 81€23 (e,.rr) 17!F) i or be _ SW Twp. Nom. Rng. 87 Sec''on 17 T—;;, —;; i 6th_ P M u. N sworn upon oath, deposes and says that be (they)* (are) the owner(s) of the well described hereon; the well is see attached survey—location map described above, at distances of 700 feet from the S'oorrY section line and Poo feet from the OvEST section line; water from this well was first applied to a beneficial use for the purpose(%) described herein on the 1 et - day of .Trine , 19-20_; the maximum sustained pumping rate of the well is 25 gallons per minute, the pumping rate claimed hereby is _ 25 gallons per minute; the total depth of the well is 160 feet; the average annual amount of water to be diverted is 20_ acre-feet; for which claim is hereby made for domestic and stack watering purpose(s); the legal description of the land on which the water from this well is used is N/A of which N/A acres are irrigated and which is illustrated on the map on the reverse side of this form; that this well was completed in compliance with the permit approved therefor; this statement of beneficial use of ground water is filed in compliance with law; he (they) has (have) read the statements made hereon; knows the content thereof; and that the same are true of his (their) knowledge. (COMPLETE REVERSE SIDE OF THIS FORM) Signature( z) Subscribed and sworn to before me on this day of July My Commission expires: *Imilios Wrack 9� 19 _7_9 .ura.r BL(L ACCEPTED FOR FILiN" : THE STATE ENGINEER OF COLORADO PURSUANT TO THE FO OWING CONDITIONS: ACCEPTED PURSUANT TO C.R.S. 1973, 37-92.802, (1) (b), FOR DOMESTIC PURPOSES AND THE IRRIGATION OF .C.> OVER ONE ACRE OF HOME GARDENS AND LAWNS. NOV 281979 /tcrtA"C" 19.4731444 DATE STAT Fr'GINEER • IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 STATE OF COLORADO Application No. W-3959 ) IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF MICHAEL L. STRANG AND KATHLEEN S. STRANG. IN THE ROAR:ILNG FORK RIVER OR ITS TRIBUTARIES TRIBUTARY INVOLVED: UNNAMED IN GARFIELD COUNTY ) F L D IN WATER. R. COURT Mazatqo. 5 APR 251980 STATE ail: COLORADO t3Y Dt.'PUr`/ RULING OF REFEREE The above entitled application aas filed on December 26, 1978, and was referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court on the llth day of January, 1979, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, known as The Water Right Determination and Administration Act of 1969. And the undersigned Referee having made such investigation as are necessary to determine whether or not the statements in the application are true and having become fully advised with respect to tho subject matter of the application does hereby make the following determination and ruling as the Referee in this matter, to -wit: 1. The statements in the application are true. 2. The name of the structure is Strang Well No. 2. 3. The names of the claimants and address: Michael L. Strang and Kathleen S. Strang; Route 1, Box 60; Carbondale, Colorado. 4. The source of the water is a well having a depth of 160 feet, and being tributary to an unnamed tributary of the Roaring Fork River. 5. The well is located in the SWa SWQ of Section 17, T. 7 S., R. 87 W. of the 6th P.M. at a point whence the West Quarter Corner of said Section 17 bears N. 23026'26" W. 2,125.23 Feet. 6. The use of the water is domestic and livestock water. 7. The date of initiation of appropriation is 1920. 8. The amount .of water claimed is 0.055 cubic foot of water per second of time, absolute. 9. The well was completed and the water first applied to the above beneficial uses in 1920. 10. The well was issued Registration No. 111918 by the Office of the State Engineer on'November 28, 1979. The Referee does therefore conclude that the above entitled application should be granted and that 0.055 cubic foot of water per second of time is hereby awarded to. Strang Well No. 2, for • • domestic and livestock water uses, with appropriation date of'the 31st day of December, 1920, a.solutely and unconditionally. The above described underground water right meets the criteria for an exempt domestic well pursuant to C.R.S. 1973, 37-92-602(1) (e), so long as it used for the purposes set forth herein, and by state. It. is accordingly ORDERED that this ruling shall be filed with the Water Clerk and shall become effective upon such filing, subject to Judicial review pursuant to Section 37-92-304 CRS 1973. It. is further ORDERED that a copy of this ruling shall be filed with the appropriate Division Engineer and the State Engineer. Done at .the City of Glenwood Springs, Colorado, this day of April, 1980. The urd BY THE REFEREE: .Re -er_ ee Wafer Division No. 5 State of Colorado Z November 7, 2005 Lathrop Strang 0393 B C.R. 102 Carbondale, CO 81623 ATTN: Lathrop On November 2, 2005, a well test was conducted on a well on the Strang Property, Guest House. The following information was obtained; Well Depth 220' Casing Size 7 x 5" Standing water level 96.6' Total test time 4 Hours Drawdown to 99.9' Production is > 8 GPM This test was conducted with the Existing pump. The well water level recovered back to 97.15' in 2 Minutes. If you have any questions please call me, Raun Samuelson at 970- 945-6309. Sincerely; Raun E Samuelson Samuelson Pump Co. P.O. Box 297 • Glenwood Springs, CO 81602 • (970) 945-6309 • Fax (970) 947-9448 Water Systems • Sales, Service & Installation HA_ JOHN C. KEPHART & CO' \ \ | /� ' �'` ATO 435 NORTH AVENUE • PHoNE: (970) 242-7618 • FAX (970) 243-7235 • GRAND JUNCTION, COLORADO 81501 — ANALYTICAL REPORT — Receivedf»mSamuelson Pump Co' PO Box 297 Glenwood Springs, CO 81602 (970>945-6309, fax 947-9448 0292 Rauh Samuelson water Customer No. Laboratory No. Sample 11/4/05 11/28/05 Date Received Date Reported Lab number 0292 Limit for Sample ID Strang Main House Public Drinking 11/3/05 2:40PM Supplies Colorado Dept. Health Total Coliform Bacteria 0 co1/100m1 must be less than 1 Total Dissolved Solids 314 mg/1 500 mg/1 Nitrate(N) 1.71 mg/1 10 mg/1 Nitrite(N) 0.00 mg/1 1 mg/1 Lab number 0293 Limit for Sample ID Strang Guest House Public Drinking 11/3/05 2:46PM Supplies Colorado Dept. Health Total Coliform Bacteria 20 co1/100mI Total Dissolved Solids 382 mg/1 Nitrate(N) 4.45 mg/1 Nitrite(N) 0.00 mg/1 must be less than 1 500 mg/1 10 mg/1 1 mg/1 Public drinking supplies are required to have Total Coliform Bacteria test results less than one colony per 100 ml sample. Some bacteria was present in sample number 0292, Strang Main House, though it was not Coliform Bacteria, not known to be harmful. Lab Director: B. Bauer • • DECLARATION OF WELL SHARING AGREEMENT THIS DECLARATION OF WELL SHARING AGREEMENT is made and entered into this day of , 2005, by Michael L Strang and Kathleen S. Strang (hereinafter jointly referred to as "Owner"). WITNESSETH: WHEREAS, Owner is the owner of certain real property located in Garfield County, Colorado, described as a 453.5 acre parcel of land located in Sections 17, 18, 19 and 20, Township 7 South, Range 87, West of the Sixth Principal Meridian, said parcel being more particularly described in Exhibit "A" attached hereto and incorporated herein by reference (the "Original Property"); and WHEREAS, Owner has received the approval of Garfield County, Colorado for a subdivision exemption to create two smaller parcels from the Original Parcel, as depicted on the Strang Subdivision Exemption Plat recorded on , 2006, as Reception No. in the records of the Clerk and Recorder of Garfield County, Colorado (the "Exemption Plat"), specifically a 450.7 acre parcel to be identified as Parcel 1 of the Strang Subdivision Exemption, as more particularly described in Exhibit "B" attached hereto and incorporated herein by reference, and a 2.8 acre parcel to be identified as Parcel 2 of the Strang Subdivision Exemption, as more particularly described in Exhibit "C" attached hereto and incorporated herein by reference; and WHEREAS, a water well (hereinafter the "Strang Well #3") was constructed on the Original Property for domestic and livestock water uses, which well is an exempt domestic well pursuant to C.R.S. Sec. 37-92-602 (1)(e) with an appropriation date ofJune 1, 1968, serving single family dwellings on both Parcel 1 and Parcel 2 of the Strang Subdivision Exemption; and WHEREAS, the Owner desires to establish the terms, conditions and agreements regarding the ownership, use, and maintenance of the Strang Well #3 and its appurtenant facilities by and between the present and future owners of Parcel 1 and Parcel 2 of the Strang Subdivision Exemption. NOW, THEREFORE, Owner hereby makes, declares and establishes the following covenants, conditions, restrictions and easements (the "Agreement") concerning the future ownership, maintenance, operation, repair, replacement and use of the Strang Well #3 and appurtenant facilities and related matters. From this day forward, the Original Property shall be held, sold and conveyed subject to this Agreement. 1. Ownership of Strang Well #3 and Appurtenant Facilities. The owner of Parcel 1 of the Strang Subdivision Exemption shall own an undivided two-thirds (2/3) interest in and to the Strang Well #3, its pump, pipelines, well equipment, decreed water right and well permit. The owner of Parcel 2 of the Strang Subdivision Exemption shall own an undivided one-third (1/3) interest in and to the Strang Well #3, its pump, pipelines, well equipment, decreed water right and • • well permit. Notwithstanding the foregoing, the owner of Parcel 1 of the Strang Subdivision Exemption shall be the sole owner of that portion of the pipeline necessary to deliver water from the Strang Well #3 to the residence located on said Parcel 1. The Strang Well #3 shall be appurtenant to the parcels it benefits, and may not be conveyed apart from said parcels. 2. Easements. Owner hereby grants, conveys and establishes all necessary easements as shown on the Exemption Plat for the operation, maintenance, repair and replacement of the Strang Well #3, its pump, pipelines and well equipment for the benefit of the owners of Parcel 1 and Parcel 2. Should any owner desire a more specific legal description of the alignment of the pipeline and easement, such party may, at such party's sole cost and expense, survey the pipeline alignment and the parties hereto agree to execute any necessary quit claim deeds to accomplish such purpose. 3. Maintenance, Repair and Replacement Costs. Operation, maintenance, repair and replacement costs associated with the Strang Well #3 shall be shared between the owners of Parcel 1 and Parcel 2 in the same percentage as their ownership interest in the Strang Well #3 and/or its appurtenant facilities. The owners of Parcel 1 and Parcel 2 shall be solely responsible for the costs of maintenance, operation, repair and replacement of any facilities used solely by that party, including individual service lines and meters. The parties agree to enter into mutual agreements for the completion and payment of the costs of any maintenance, operation, repair and replacement of common facilities. In the event the parties are unable to agree upon any required maintenance, repair, replacement or improvement, either party shall be entitled to undertake reasonable maintenance, repair, replacement or improvement necessary and essential for proper functioning of the common facilities. In the event one party intends to undertake such work, such party shall notify the other party in writing of said intention. Upon completion of the work, the party completing said work shall provide the other party with a written statement of the work performed and the other party's proportionate share of the costs. 4. Operational Costs. The owners of Parcel 1 and Parcel 2 shall install a meter on such party's individual service line to measure water use. The monthly cost of power to operate the Strang Well #3 shall be divided between said owners in proportion to the amount of water each owner used during the preceding month. 5. Payment of Common Expenses. All common expenses and costs incurred for the operation, repair, maintenance and replacement of the Strang Well #3, its pump and common pipelines shall be paid by each owner in the same percentage as said owner's interest in the facility to which the expense can be attributed within thirty (30) days from the time a statement of expenses is presented for payment. In the event that any owner fails to pay his/her/its share as set forth herein, interest on the unpaid amount shall begin to accrue at ten percent (10%) per annum, 30 -days from the date such costs or expenses were presented for payment. In the event the non- paying party shall fail to pay any such sums with interest thereon within, six (6) months from the date of presentment for payment, the party or parties who have paid those costs and expenses shall. be entitled to reasonable attorneys' fees in obtaining a judgment for collection of the amounts due, in addition to any other remedies available at law or in equity for breach of this Agreement. • • 6. Use of Water. The owner of Parcel 1 shall be entitled to use not more than two- thirds (2/3) of the water physically available from the Strang Well #3, or two-thirds (2/3) of the water allowed to be used pursuant to the well permit and decree for said well, whichever is less. The owner of Parcel 2 shall be entitled to use not more than one-third (1/3) of the water physically available from the Strang Well #3, or one-third of the water allowed to be used pursuant to the well permit and decree for said well, whichever is less. The owners of Parcel 1 and Parcel 2 agree that the water from the Strang Well #3 shall be used in accordance with any other terms and conditions imposed by decree or any well permits, including irrigation of not more than one (1) acre of lawn, garden or pasture per one-third (1/3) interest in the Strang Well #3, unless all of the owners of the Strang Well #3 otherwise agree. 7. Waste. No owner of an interest in the Strang Well #3 shall waste water, and the owner of each interest shall exercise prudence and conservation in the use of the water from said well. The owners of the interests in the Strang Well #3 agree to exercise such prudence and conservation in order to allow for efficient and beneficial use of said well, and to avoid burdening the aquifer and well pump unnecessarily. 8. Future Restrictions. In the event that any governmental or judicial authority imposes future requirements or restrictions on the Strang Well #3 or its use by any of the owners of said well, the owners agree to work together to comply with such requirements or restrictions so as to ensure a continuing water supply for Parcels 1 and 2 of the Strang Subdivision Exemption. The parties further agree to share any costs associated with such compliance in the same percentage as their respective ownership interests. 9. Approval of Subdivision Exemption. The performance of the parties under this Agreement is expressly conditioned upon approval by Garfield County, CO of the Strang Subdivision Exemption and the creation of Parcel 1 and Parcel 2. The above approval by Garfield County shall be a condition precedent to performance of the contract by any of the parties or their successors. In the event that Garfield County does not grant the above approval, this Agreement shall be null and void and of no force or effect. 10. Binding Effect; Covenant to Run with Land. This Agreement shall inure to the benefit of and be binding upon the parties, their heirs, devisees, executors, administrators, assignees, transferees and successors in interest. Upon execution by the owners of the Original Property, this Agreement shall be recorded in the records of the Garfield County Clerk and Recorder's Office, and shall run with the lands upon which the Strang Well #3 is used. 11. Enforceable Provisions. If any covenant, term, condition or provision contained in this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, such covenant, term, condition or provision shall be severed or modified to the extent necessary to make it enforceable, and the resulting agreement shall remain in full force and effect. 12. Complete Agreement. This document embodies the entire and complete agreement of the owners on the subject matter herein. No promise or undertaking has been made by any • • party, and no understanding exists with respect to the transactions contemplated, except as expressly set forth herein. All prior and contemporaneous negotiations and understandings between the owners or parties are integrated and merged into this Agreement. 13. Amendment. This Agreement may be amended from time to time by amendments made by the owners of Parcel 1 and Parcel 2 of the Strang Subdivision Exemption in written form and executed in the same manner as this Agreement. 14. Survival of Agreement. The terms of this Agreement, and the obligations, duties, responsibilities and benefits contained herein, shall survive closing on any conveyance of real property described herein, and shall not merge with the deed or other conveyance documents. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth next to their signatures. DATE: DATE: Michael L. Strang Kathleen S. Strang STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) Acknowledged, subscribed and sworn to before me this day of 2006 by Michael L. Strang and Kathleen S. Strang. WITNESS MY HAND AND OFFICIAL SEAL. My Commission expires: Notary Public