HomeMy WebLinkAbout1.0 ApplicationProducers gg - PAID UP
Revised
1611111181111193 11111111111111111161.171511R1111111
686001:OSP 81662 ORF
1 of 4 R D 0.00 GHRFIELD COUNTY CO
PAID-UP OIL AND GAS LEASE
•
AGREEMENT, Made nod emtaod into dee 16th day of November . 200 4 , by and between
Howard Robinson dk/a Charles Howard Robinson a/k/a C. Howard Robinson, and Clarice Jane Robinson AKA Clarice J. Robinson, as
tenants in common
P.O. Banc 1185, Rine, CO 81850
Antero Resources II Corporation
whose eddied is
, haeim.aer called Lear (ethane one or mote) and
Mose address's 1625 171k Street, Suite 300, Denver, CO 80202
hereinafter called Laser
WITNESSETH, That the Leave, for and in consideration of TEN AND MORE DOLLARS (910.00+) rash in hand paid, dee receipt of which a hereby
ecknowlediod, and the covens' and .grelmres henbanes ms.ioed, has massed, demised, leased sad la, and by thin premed den grant, demise, has and lot
cadoaively sem the mid Lere , the land bre nam dmtLed, with the =nave right for the papers of drains, ming, exploring by geophysical and other methods, and
opening for and producing thank= of and a8 ps of w$rboever ams or kind, specifically inducing malted u«hens and any and a0 auhelences produced in daocietioo
therewith hot coal -(wrap bbrmsiorq .. _ . C, - • , . _ .:. .. _ .. . _ .
padaen, all that certain tract of land situated in die County of QOM Sad of 5a deserfted es follows, to -wit
See Exhibit "A" attached hereto and made a part hereof
There will be no surface otxupancy on this lease.
together with any reversionary rights therein, and together with al trips or pacers of land, (no, however, to be mnotraed to include pinch comprising a regular 40 -nue
legal subdivision or lot of approximately corresponding sot) adjoining or cootiptons o the above described land and owned or claimed by Lessor, and co1.iai.g
41.85 saes, more or Ices.
I. It is agreed that this lease shall remain in face bra to. of fires (3) yyeoa.tss from draga8mr as cad or gas of whatsoever nature or kind is produced from
said leased premises or on acreage pooled thacwilh, or drilling operations in continued as Faremaft« provided 1i; et the expiration of the penury tee of this Ian, oil or
ger is pot being produced on the leased premiss or onacnage pooled therewith but Lessee is tarn ea m ears a re -working operations
continue in tree so long a operations an being continuously psoseadod on the lased peonies or m� led �4 ohm this lease o he
continuously prosecuted if not more than n' amen& o. th.14 She red operations shall be orteconsidered to o
maty (90) drys shall elapse between the completion or abandonment of ms well and the begipeing of mention for the drillkg of
a subcegnat well. If ante dhloowry of oil or ger on said Ind or on adage pooled therewith, the pruduction thereof should anis from say came alba the primary term, this
las shall not terminale if Lawn commerce additional drilling or r.-wocdng operations within =ay (90) days nom dale of eesamion of production or from date of
completion of dry hole If oil or ger shall be d'meovered and traduced as a molt of such opasti0ns at or after the expiation of the primary tote of this lease, this lease shall
conteme in 8moe so long es of or ger is produced from die leased or on acreage pooled therewith.
In the event a well or welt is filled and sad m the lands, or ce the lands Fooled thesewith, for the papas of developing calked ps, the word
'operations" shall mean, in addition to those masers covered in the ov edi% paragraph. (I) operations of said welt to remove watts or other maims Bou the called,
or to dispose of such water a other sabpasoes, ova though such operations do not rims in the production of hydrocarbons in paying qusrtiting or (2) shutting -in or
otherwise discontinuing production from said wells to allow for mice or underground mining.ffect(ag the drtlad err wellbsee.
2. This is a PAID-UP LEASE. In mnsideratos ofthe doom ooh payment, Lessor agrees that lame shall not b obligated, except u otherwise provided been, to
commence err continue any operations during the prlohary term. Leone may at any time or times during or after tie printery tem awarder this las a to all or any protean
of mid l.d and as o any lamb or ermine by delivering to Lana or by tang for mead a cola's or reresse& and be relieved of ell obtipaos thereafter accruing as to the
acreage surrendered.
3. is consideration of the premises she said Lessee commis and agrees (See Addendum attached)
la To deliver so the credit of Lesser, free of cot, in the pips Ione to which Lena may connect wells on said Wel, the equal eighteen percent (18.00%)
pat of a8 of produced and saved from the leased premien
2nd To pay Leaner on ger and asilta tiod ger produced from said lad (l) when sold by Lena, Witaatl Decent (18A0%) of the net proceeds derived
from such de or (2) when wed by Lamm off mid lad or in the0310163013/11 of ®. or other
sicintean Decant (18.00% of such Its 1 the market value, t the mouth of de well, of
e n sad such ps gas, gheeds intense 51 eithercam, to bar !(dad prcn HUM) of 0o cost of
compression debydr.lirg and otherwise nation such gots a asiaglhv.d ps b reeler t marketable a tmM. and Ogren Decant (j &0096) of the
00.50(918380,9.14 trampostie9 such ps and asaighead ger from the mouth of the wen to the pont of sol a use.
3rd To pry Less nos ger podamd 8m any of well and used off the premium or in the manufaxae of gasoline or any other product, a royalty of 4jgtASKjr
percent (1&00%) of the pmooa4, at the mouth of the well, payable monthly a the prevuling market rata
4. Where ps from a well arable of producing ger is not sold or used, Less my pay or rands as royalty to the royalty ewe's One Dollar per year par net acre
retained hereunder, such payment or trader to be made on or before the anniversary dale of this las nem e0sumg Eder the expiration of 90 days firm the dab such well is
shut in and thereafter on or before the «mivmsry date of the las riming the period such well is shot in. Usuch payment or taloa is made, it win be considered that ps is
being (induced within the mining of this sedan.
5. If said Lessor owns a 1era Mcrae is the above d ibd lad then the edeas and undivided Ike simple estate therein, then the royalties (including any shut-in
ger royalty) herein provided nor shall be paid the Leas arty m the proportion which Leers inset bears to the whole and undivided fee.
6. Lessee shill have the right to tea, free ofcoq gat, .l and Weller produced on said land fir Le'ase's operation thereon.
7. What requested by Lasa, Lasa still bury Lcame's pipeline below plow depth.
8. No wed shell be drilled mar dm 200 feet to the house or bra mow on said premises without wriata consent of Lessor.
9. L. shall pay for damage caused by Lessee's operrms to growing crops on said land
10. Lessee shall have the right .I any time to remove .11 nteinary and fixtures plead on sod panne', irfud..g de right to draw and remove cuing.
11. The rights of Las and Lome hereunder may he assigned in Mon or part No chase b ownership of Lessor s iteret (by assignment or otherwise) shall
be binding on Levee until Lana hes been furnished with notion, canna* of c rtified oopis of as recorded instruments or documents and other inbrmatim necessary to
establish a complete chain of record tide from Lessor, cad then only will respect to pynion therm8er made. No other kind of notice, whether actual or constructive, shall
he binding on Lesser No pert or future division of Lessor's ownership a 10 diBaet portions or arab of said lad shall operate to enlarge to ob(iptioro or diminish
the rights of Lessee, and a0 Lessee's operations may he conducted without regard to any such division. If .11 or any pat of this lease is a no leasehold owner shall be
liable for any act or omission of any other leasehon owoer.
12. Lax, at is option, is hereby given the right and power at any time and foot time to time as . remoras right, oidia before or .der production, a to all or
any put of the land described herein and as to any one or more of the form.tirm hereunder, to pool or unbar the 1.80.14 estate and the mineral estate covered by this Tear
with other land, los or bum in the idmed ele vicinity for the production of of and gas, or segs mWy for the Reduction of ether, who in Leon's' it n necessery
or advisable b do so, sol irrespective of whether authority amla 0, 8i. exists with ..putt to such other land, (ease or leases. Likewise, omits pevquly formal to include
formations not oil or ps, may be reformed to exclude such nos -producing 800,.11000 The forming or rimming of any unit shall be .ocomptished by Lena
executing and filing of mead a declaration of such enthusiast or reformation, which declaration shall describe the unit. Any unit may include land upon which a well los
theretofore been completed or upon which operations for drillig have twem8e been comma ed. Prod:mam, drilling or reworking operations or a well shut in for went of
a market anywhere e a unit which includes dor ■ pert of this lease shag be treated as if it were produaion, drilling or reworking operations or a well shut in for want of .
market under this lase. In Iia of the royalties ehewhere herein specified including shut-in ps ruyahia• Lessor shall receive on production from the unit su pooled royalties
only on the portion of such production allocated to this lase: such .Llootioe shat be tot proportion of the .nit production t), the total ameba of surface acres covered by
this lease and lactated it the unit ban to the Mal number *Inane scree in such unit In addition to the foregoing, Lessee shall have the right to tante, pod, oe combine
all or any pan of dm above described bods as to one or 04310 of the fameti.m tremolo with other lands in the sen: general arm by ,mixing into a cooperative or snit Folio
of development or operation .ppovd by any sovammrnal authority .0d, from time to tn.., with Ilse approval, to modify, change or terminate any aide plan or agreement
and, ie such even, the teams, conditions and provision of this Ione shell (a deemed modified to confutes to dm teams, dadiuoa, and provision of suck approved
cooperative or unit plan of development or oprstion and, particularly, all drilling ed development requirements of this lase, or ins
compliance with the dulling and devebpmat requirements of such prem or agreement, and this luso shall not Wm®le a
express diad, h plan
o aga6ed by
In the event that said above dumbed leads or try Fen thereof, shall bomber be operated node any such or unit ot the lilt of such plot a agramae
production therefrom is allotted to different c�paamv a development of I. a operation a uelty t' f
porticos of the land cored by said plan, tion the production alocredero any particular ma of hold shall, at the pmpor of
computing the royalties to be paid hereunder to Lager, be regarded as having bens produced from the particular tract of land to which it is allocated and not to any other tract
of land; and the royalty peyme is to be male hereunder to Lessor stall be based mon production only as so allocated Leta shall formally expos Lessor's consent to any
cooperative or unit plan of development or operation adopted by Lessee and approved by any governmental g ty by essuti.g the same upon request of L epee.
13. When operations or production are delayed or otarupedby lack o(w.tu, labor or u.fau, or by fire, storm, flood, sea rebellion, immectioo, riot, strike,
differences with workman, or Iirlmn of ornate to furnish 31190/0/100 famish. facilities for m..pordtite or lack of market in the field for the maids produced, or as a result
of any aux whatsoever beyond the mmol of Lessee, the time of such delay or interruption shall not be counted against Lasa nod this lase shall remain in race during (`D
such any or interruption sal ninety (90) days thera8er, anything in Chit tear to dee contrary notwithstanding , ) ,
14. Lessor herby warrants and agrees to defend tie tide to the lands herein described, snd agrees that the Lome shell have the right at any time to !edam for
Lessor, by payment, any emsemagea, taxa or other liens m the above demented hinds, in the event of default of pay mea by Lessor and be subrogated to the rights of the
holder them& and the ander i Larom for th®tdvas and tits Yds, successors and .mipm hereby wrratdur .d release .11 right of dower .d homestead in the
monism described herein, ianfar u mid right atlases sad homestead may is any way affect the purposes the which this lease is made, as recited harm
13. Should any mea more of the parch bereirubore tamed as Lemur fel to =eons this lease, it shall ttevertbdeas be binding upon all such ponies nbo do
aceanc it as Lear. The ward "Lesser," as used in this tae shall mean say mea more or all of the patties who croaue this lease as Lamar. All the provisions of the lease
shall be binding as die hare saczzmoa and admen of Leaner ed Lamm.
16. Lamer agrees that icem nay loots a well re weds as any drilling ase leased any part of the Med described hack, mag to rent b a subwaboa
eaxmest through any part Mae land described herein, which wells will be used to scans the subsurface of adjoining mineral owoars
17. Notwit14..dieg anything to the canary amused brain, Lenz has the aptioa b amend the primary tam n additiaaal we (1) year with the payment Man
amount equal to _ICI_ per net acre, arch unmet being paid to Lose on or before da expended of the primary tam set Ranh ahem is paragraph L Suds payment shall
be mnadmed teederd by Leave and received by Lamar vibes deposed, postage -paid, is the United Sams mad, or with . aannually rmopited carrier service
18. See Addendum attached.
IN WITNESS WHEREOF, this immune* is a recused as of the due fun above written
Ralgraton Ws Charles Howard Rabinsart Ws C. Hogged Chaioa Jam Ro*Yran J.
Robinson
STATE of Colorado
ACKNOWLEDGEMENT -INDIVIDUAL
COUNTY of `' / i/ /
BEFORE ME, the rniiidaxigs ed, a Nofad foe Public, in mid County and m Sate, the / S �(G-dry of a �✓k,7 ✓ I L''ej .200 4
personally append Howard Robinson wl /a Charles Howard Robinson a/k/a C. Howard Robinson and Clarice Jane Robinson a/k/a Clarice J.
Robinson , to me known to be to
identical person s , described in and who executed the widen and foregoing instrument of wasting and ritmwledt tad to me tat t he duly executed
flea and voltmmry art and deed fr the usa.d purpo es therein set forth and in the ity state J thaek,
IN WITNESS . -a F, I have hereunto ser my lad and affixed my notarial sal die day and year last
sane as their
My Commission
STATE of
COUNTY of
BEFORE ME, the undersigned, a Homy Public, in ad for said County and Stare, on 0.a day of , 200
2,00
Public:
Aadrag 6 GruenActe
ACKNOWLEDGEMENT-INDIVIDUAL
personally appeared
10110 k00*n to be 11..
identical person _ , drmbd in and who accosted the within and Ixe$a tti inerument of writing and acknowledged to ren that _ h. _ duly executed
tmae as free and voluntary as and deed Or the uses and putpoms therein set bah used in the capacity .mid therein
IN WITNESS WHEREOF, 1 have become .et my hand and Mihail my newel mal the day and year last above swilh+1.
My Commission Expires
Notary Public
Address:
After recording smarm to:
Tatham Lend Committees, Inc
770 Rock Caen Rd. 1117
Norman, OK 73069
11111111111111111N 1111111111111111111111111111 III1 1111
26of 4 R 21.00000 00OGPRFIELD COUNTY �SDORF
• •
111111111111111111101111111111111111111111111111111 ••
668608 02/14/200"5 01:8BP 81662 P671 11 RLSOORF
3 of 4 R 21.00 0 0.00 GARFIELD COUNTY CO
ADDENDUM
THIS ADDENDUM constitutes an integral part of that certain Paid -Up Oil and Gas Lease
dated the 16th day of November, 2004, by and between, HOWARD ROBINSON aka CHARLES
HOWARD ROBINSON aka C. HOWARD ROBINSON and CLARICE JANE ROBINSON aka
CLARICE J. ROBINSON, as tenants in common, as Lessor, and ANTERO RESOURCES II
CORPORATION, as Lessee.
THE PARTIES FURTHER AGREE as follows:
1. The following teens and conditions of this Addendum shall supercede and take
precedence over any inconsistent or conflicting preprinted provisions of the foregoing Paid -Up Oil
and Gas Lease.
2. No well, road, pipeline, structure or other surface facility of any kind shall be
upon the Leased Premises. No entry on the surface of the Leased Premises shall be permitted and
only pooling and directional drilling from neighboring lands shall be utilized by Lessee to exploit
the leased mineral rights.
3. Producing wells or shut-in wells shall hold this Lease beyond the primary term only
with respect to that part of the Leased Premises committed to the unit or pool in which such well is
located or otherwise included in the spacing unit prescribed by governmental authority within which
such well is located.
4. Lessee shall permit no well to remain shut-in during the primary term or thereafter
for more than eighteen (18) months.
5. For purposes of determining the royalty payable to Lessor under paragraph 3 of the
Lease, Lessor shall, in no event, bear any part of the costs and expenses of production, gathering,
dehydration, compression, transportation, manufacturing, processing, treating or marketing of the
oil, gas or gas products produced from the Lease Premises or any part of the costs of construction,
operation or depreciation of any plant or other processing facilities or equipment, wherever located.
Dated this 16t day of November, 2004.
I�oward Robinson, aka
Charles Howard Robinson, aka
C. Howard Robinson
n
Clarice Jane Rbbinson,
Clarice J. Robinson
CFRONT DESK /C1iant aoe_o.onR.ntero/aoc/Add.nm:....pe
ANTERO RESOURCES II CORPORATION
By:
,Title
111111111111111111111111111111111111111 111 11111 IIII 1111
668608 02/14/2005 0105P 61662 P678 11 pLSDORF
4 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO
EXHIBIT "A"
ATTACHED TO AND MADE A PART OF THAT CERTAIN OIL AND GAS LEASE
DATED NOVEMBER 16, 2004, BY AND BETWEEN HOWARD ROBINSON A/K/A
CHARLES HOWARD ROBINSON A/K/A C. HOWARD ROBINSON AND CLARICE
JANE ROBINSON A/K/A CLARICE J. ROBINSON, AS TENANTS IN COMMON,
LESSOR, AND ANTERO RESOURCES II CORPORATION, LESSEE:
DESCRIPTION OF LANDS:
Township 6 South. Ranste 92 West. 6t11 P. M.
All that part of the S 1/2S W 1/4 and SW 1/4SE 1/4 Section 5, also all that part of Lots 2 and 3, Section 8, all
in Tp. 6 S., R. 92 W., of the 6* P.M., Tying northerly of the present U. S. Highway No. 6 and 24, and
southerly of the Ditch in use, known as the Cactus Valley Ditch, described as follows:
Beginning at a point on the Easterly line of said SWI/4SE I/4 of Section 5; whence the South East comer of
said Section 5 bears S. 83'57'E. 1348.03 ft.; thence S. 282.7 ft. along the easterly line of said SWI/4SE1/4
and the easterly line of said Lot 2 Section 8 to a point on the Northerly line of said Highway; thence N.
83'17' W. 615.9 ft. along the Northerly boundary of said Highway, thence N. 88'00' W. 849.2 ft. along the
Northerly boundary of said Highway, thence N. 87'59' W. 1436.8 ft. along the northerly boundary of said
Highway, thence N.33'48' W. 538.4 ft.; thence N. 57'40' E. 116.0 ft.; thence N. 46'39' W. 132.46 ft.;
thence N. 80'49' E. 20.0 ft'_; thence S. 89'54' E. 11.48 ft. to a point in the center of said cactus Valley
Ditch; thence N. 85'3 l' E. 524.82 ft. along the center line of said ditch; thence N. 81'22' E. 183.64 ft.
along the center line of said ditch; thence S. 7T34' E. 378.49 ft. along the center line of said ditch; thence
S. 57'56' E. 157.74 ft. along the center line of said ditch; thence 74'48' E. 376.49 ft. along the center line
of said ditch; thence S. 82'45' E. 397.35 11. along the center line of said ditch; thence S.59'47' E. 302.54 ft.
to a point in the center of said ditch; thence S. 67'48' E. 847.42 ft. along the center lime of said ditch;
thence N. 71'27' E. 218.0 ft. along the center line of said ditch; to a point on the easterly line of said
SW 1/4SE 1/4, the point of beginning. Containing 41.85 acres, more or less.
.Lessors herein intend to lease any right, title and interest Lessors may have in and to any and all mineral
rights an, in and under any and all streets, county roads, highways, railroad strips and/or any and all other
easements and rights of way whatsoever, canals, ditches and other waterways lying across and/or adjacent
and/or in any way appertaining to the lands hereinabove described, including without limitation any lands
acquired by accretion through meander of waterways.
SIGNED FOR IDENTIFICATION:
•
Howard Robinson Charles Howard Rpbinson a/k/a C. Howard Robinson
X: / , h.c. s.ri _ A . _._ aG � oZ,_,
Clarice Jane Howard a Clari • J. Robinson
•
• 111111111111 1111111 1111 111111 11111111FL 1111 1111
,dae
Pera gg _ PAID UP 668877 02/17/2005 02:23P 61663 P r AL SDORF
1 of 3 R 16.00 D 0.00 GARFIELD COUNTY CO
Revised
PAID-UP OIL AND GAS LEASE
AGREEMENT, Made and aced into the 19th day of November , 200 4 . by and between
Alvin W. Woody, a marled matt dealing in his sole and separate property
0545 County Road 352, Rifle, CO 81650
Antero Resources!! Corporation
whose address is
, heradmri called Lessor (whether ate or more) and
whose Odom n 1625 17a' Street, Suite 300, Denver, CO 80202
hereafter caned Leases
WCTNESSEfH, That the l.e om for and a ooasdentia. of TEN AND MORE DOLLARS (S10.00+) cash m baud paid. the receipt of which is hereby
dknnedpd and the caveame and apeone.b beteioder mnnian , has ptaad, demised, triad and let, and by thee prams dos put, demes lease and Id
c.cusivety neo the mid Lessee, the lad hevinf err des deed, with the oadtaove right for the papaw of dn111os, rosiest. expert by geophysical and ocher needed., and
operating for and roaming therefrom off and a0 gas ofiOutwear arae or kind, specifically schidst coalbed methane and any and all obs a.ca produced a asaoeiation
therewith from co log formations, with rights of way and easements for roads, layog pipe Isis, mod ere aide of erector= theme to produce. ave and take cam of said
products. a0 that envie trau of land Meowed in the Comity of GI6edd Sate of (Q, demand as follows, to -wit
See Exhibit "A" attached hereto and made a pert hereof
together with any reversionary rights thereon and together with .0 strips or parcels of Wed (rot, however, to be construed to include parods comprising a regular 40 -ace
legal subdivision or lot of approximately corresponding size) adjoining or codipwu to the above described lend and owned or claimed by Lessor. end croainig
41.85 nae. more or less.
1. k is speed dot this leas shall roman in force for a term of three (3) yeah an long thereafter as ed or pin of whatsoever mime or tied is produced front
said leaved premises or oe acreage pooled therewith, or drilling operations are continual as hereinafter provided. If at the tarpons of the primary arm d this lease, oil or
gas is not being produced on the leased premises or on.ataaemapp pooled d oewih but Leine is thea engaged in dolling or re-workiy operstios thereon, then this lease eh.e
eomimle in force as long as operatiar are being mniiwou ty praneated on the logged premeds or on .vaop peaked therewith: and operations shall be considered to be
coarauously promoted don mare then ninety (90) days shall clapan between the moieties or abandonment of me well .ad the being of operations for the dllmg of
a subsequent well If after Oligopoly of on, or gin on said land or on garage pooled therewith, the produ tin thereof should cane Bon any cause .l rhe primary torn, this
lease shall rat esaaate if Lessee commences addition* drilling a .n+.wsksg cape tiros within ninety (90) days from dam of location of p rodartin or from tale of
completion of dry hole. If oil or pin shall be discovered and produced as a rant of sorb amnions et or abet the someone of the primary moos otitis lana the leas shall
comms m force so long as on, or pis is produced from the leased nemeses or on .none pooled therewith.
In the event e well or wells is dolled and completed on the lauds, a oe the Wes pooled therewith, for the purpose of dovdopng coalbed gun them word
-oprrstios" shawl mean, in aelditioe to those menses covered m the awed* pennon . (1) ope1nione of aid wefts to remove web a tabor substances from the coalbed,
or es dispose of such weer or odor substance, even though math opaeioas do mit rook m the production of hydronrbses in mine quareitien or (2) shuning-m or
otherwise damoimine p.obcdon from said wails to allow for maw or underground mining meting the dnllsiae or wellbore.
2. This is a PAID-UP LEASE. In cosideotin of the down cash penned, Loma agrees the Lowe shell not be obligated, except as otherwin provided herein, to
commence or continue any operation daring the primary tam. Lessee rosy at any time or teas during or filer to pr®dy corm surrender this kine s to an or any portion
of aid land mid as to try aaau or stratum by delivering to Leta or by filing fir mord s release or releesen, and be relieved of all obligation therrder accruing as to the
tamp surrendered
3. In consideration of the premises the said Lean mvmaes and apnea:
1 st To deliver to the adit of Lessor, five of coat, in toe pipe lime to which Leas may noshes wefts n said and, the equal Mardian =an (17.0496)
p
2d Tolay Leer producedert dell oil . s anemir:oad d p taohoced hand saved from the leased orn said bind (1) when old by Lowe, sNMenteen Offal* (17.00%) or etc res proceeds derived
nom rade ale or (2) wbee used by Lena off aid had or in the m®Scriws ofgasoline or other probes, the market value, at foe mouth dshe well, of
get teen mart 117.00%) of arch pis and casinghead pr, Leds's uasrt4, in either ase, to bear sOMerte n =tent (17.W%1 of the coot of
comgsadmg, dehydrating ad otherwise treating such gas or aumghead pin to reader it makable a usable ad Stere lta n DOGIK 117.0095) of the
cost of plating and transporting such pin ed casinghead gas from the mouth odds well to tin pont of ab or use.
3r1 To rpesYy Lessor sir pa produced from any off odd sod uad of the psemirs or in the m outhabre of polio or any other product, a m yahy of
ttavetlteen Derma (17.00%) ortbe proceeds, at the mouth of the wdk payable money re the prevailing market ram.
4. Where gas from a well made of p.odaci g gm is not sold or used Lessee into FM or tender ot roydsy to the rrryaley owners O.e Whir per Mr seer net goo
remind hereunder, sorb payment or tender to be mode on m bmf we the asoivase y deo of Obis Was neat cowing Ater the ogv.tioo of 90 days ion the dos such well is
Soo in and thereafd an or belie the anniversary dote ofthis tense doing the period ash well is slwrt in. Ir such payment or tender is made, 11 will be considered abet pa o
being produced within the resoimg of the lase
5. if said Lessor any a Ie amen in the above deaerhbd lad than the entire and undivided the shore estate therein, Wes the royalties (mdeding any shut-in
gas royalty) herein provided for shall be paid the Lessor ody s the proportion which Loser's interest boos* the whole aid undivided fee.
6. Lease shag have the ri'gkl tome, he aeon, pa, al nod weer produced on aid land the Lessee's operation thereon.
7. Who requagd by Lessor, Lessee shall bury Leon's pipeline below plow, dcptx.
8. No well shall be dried mow the 200 fat to tha hoe* or horn now on said promises without written censers of Leser.
9. Leas shill pry 6r damages mrd by Lane's operations to growing crop on aid hod
10. Less, shall have the rights ay time to remove a11 marhimay and fixtures placed no said premises, i* lading the right to draw and remove cunt'.
11. The rights of Lessor and Lessee brads may be asigaed in whole a part No change in ownership of Lessor's Owen (by usigm■ea or otherwise) shall
be binding on Leasee uma Leasee hu beat furnished with notice, toeasting of certified copies of all recorded iukamans or dominion and other information necessary to
csablish a complem chid. of record title from L. and thea only with respect to pyusvb thereafter made. No other kind of notioe, whether ado] a tmstrneuve, shall
h boding m Leda. No present or furore division of Laser's ownership as to oh fthrcat portion a porch of said aid shell operate to oHrge the oUiptios or divueish
the rights of Lessee, ed nit Lessee's opssatios may be conduced without regard to any such division If all or tiny on of this *ane is 'sniped, on Iradold owner shall be
liable for any as or omission Jany tether leasehold owner.
12. Lsse, et as option, a hereby given the riga and power at any One end nom time to time u a mourns right, Ober before or after proctoaies, as to all or
'gay pat of the herd described herei. and u to any one or moss of the forseation hereunder, to peal or mina the leasehold estate and the mimed cote covered by this leas
with sober lee lease a lee in the immediate vicinity fix she prod ere dog and gat, or dpamsy tb the production of either, when a Lease's judgement it is necessary
Of advisable to do an, and irrespective of whaler authority Otithr to this exits with raged to such other heed, lease or lata Littman, oris previously formed to mdmde
formations not producing oI or gin, may be redwood to cache& such coo -producing Emotion: The forming or reforming of any unit .10111 be accomplished by Lessee
executing and filing d record a decl.ntin of such rmit1tion or reformation, which declaration shall describe the nit Any unit nay Oracle Ind upon which a well hs
theretofore ben completed or upon which opuatios for drilling have theretofore been cvonnemeed Pmd.aion, dolling a reworking operation or a wen she in to want of
a market anywhere on a unit which include all or a part of this lean shall be traced as if it wore production. dnhlmg is remit ing op.ea a well shut in for want of •
marker under this lease n d th
In lie royalties elsewhere herein specified, including Aron gas rookies, Low nal receive n po1aiion�fror
the wit so pooled royalties
only oo the portion of such production n to this leases sock allocation
shill be that proportion of the unit production slat de ted number of ogee acres xwvered by
this Vox .d included in the ora tsars b the real masons of wince atm in such imit In addition to the foregoing. Lane shall have the riga to wain, pmt, or combine
.11 or any put of the above ds ribal bola as to one or more of the lunation Ih .ender with other ands in the an.. gesmd aro by eserhg use a cooperative or wait pian
of development or operation approved by any governmental authority ad, from time to time, with the approval, to modify. Menge or terminate my such plan or apeeseem
and, in such event, the terns, conditions .d provisiara of this lase Mall be deemed modified to conform to the emµ conditions, and provinces of such
cooperative a unit plan of development or operation and, IaR;wntry, at drilling ad development requirements of this lase, expose or implied shall be by
compliance with the drilling and development requirements of such plan or .peeme t, and this leas shall not terming: a expire during the of a ofsuch plan or agreement.
In the eves rhe said shove described lands or any part thereof sag hda*a to operated under any such cooperative or unit pan ofdwelopmnt a operation whorby the
production dumdum is allocated to different portant of the laird oosvered by said plea, then the produdioo .11ocamd to any particular tract of lord sink for the Orpce of
competing the royalties to be paid boeuder to Loot, be rryudd as hvig been produced !lana the onions/ tract of lord to which it is allocated and not to any ocher moa
of hod, and the royalty pmymoe to be made hereunder to Lessor shall be based upon production only as an moused Leer shall formally express Lssr's women to any
cooperseive or mixt pan of development or operation adopted by Loss and approved by any governmental easy by ecemimg the amu upon spins ofLame.
13. When operations or production .R delayed a interrupted by lack of water. labor or material or by fire. nam, good or rebellion, asmatiat, riot, nolo,
differerca with wahmet, or (slam of acids to furnish trspat or furnish *edifies for tr.mporutn or lack of narket is the ted for the mirerals produced, or as a rock
of aro, mos whatsoever beyond the coned of Lases, die time of such delay a imamyeio m shall not he wood against Lessee and dun lase shall remain in bore during
such dello or asanpion and ornery (90) days throatier. anything m this lease to the contrary notwitheonding.
14. Lessor hereby warrants and agrees to defend the tide to the lands have described, and agrees that theL shall nave the right attime for
Lessor, by payment, any morasses, , taxor other liens m the above described lands, in dm emit of default ofpayment by Lessor and be R to the of the
bolder thereof and doe undersigned Lessees, for themselves and the heirs, snncoesman and assign, hereby surrender and rebase all right of dower and homestead m the
premises described hereon insole an mid nOt of do.mr and homestead may m say way meet the moonset for vshirh this lei is made, as recited herein.
15. Should any one or more of the patio hseioabove mused as lessor lel to exam this lent, it shill nevertheless be boding upon ad such pones who do
execute it as Lessor. The word -.team,- as toad in this lose shell mean any ane or mote or all of the patties who execute this lease as Lessor. Al the ptovisiom of this lease
shall be binding on the bels, successors and asks of Lessor and Lessor
16. Leone egret tht Leases may Iotas ■ well err wills an any drilling site berate any pad
of the land deeertbd Punted iodudog the right to a sebearboe
memos through say put atilt had desatbed heroin. whti3 was will be used to soon the atimerLoe of adjece t mineral aw'ers.
17. NalwilhYtlmg anything to IIs contrary centesimal lemma Losse hes dm option to extend the primary tam an eddiuood one (t) year with the payment of an
amus equal to per net sate, ■ ds mama heirs paid b Leser an or helore the orpiatim of the: printery term set forth above pitapat' I. Sod payment shad
be considered warted by Lessee and received by Leser when deposited, pottage -paid is the United States mil or with • nationally recognized crier service_
IN WITNESS WHEREOF, this instrument is executed as of the dale fast above written.
Alvin W. Woody U
STATE of Colorado
COUNTY of GC.I TwLl
BEFORE ME, the undersigned, a Nagy Public, in and for said Comfy sad Sore, on this
personally appeared Alvin W. Woody
ACKNOWLEDGEMENT -INDIVIDUAL
day of N/ o
,200 4
, to me known to be de
identical Arson ✓ , described in and who executed the within and foragoiag instrument of writing and a#mwledged to me that _ he _ bah' executed
same as 1113 frac and valuosry act tied deed for the uses and purposes these' set forth and in the npaciy stared therein.
IN WITNESS WHEREOF, l have hereunto set my bad and alined my notarial sed the dry and year Last above written.
My Commission Espies:
STATE of
COUNTY of
ft, ' :r i:,sslon Expires 08/02/2008
Notary Public:
Address:
ACKNOWLEDGEMENT -INDIVIDUAL
BEFORE ME, the undersigned, a Notary Public, fa and for said Cowry and Sant:, on this day of . 200
personally appeared
,tomeknown tobethe
identical person _ , desrrbed in and who eseeated the within nod fonegaing ostreasmt awning and acknowledged to me that _ be _ duly maned
same as Gee and voluntary act and deed for the use sad pspov therein ser forth and o the apaciy steed therein.
IN WITNESS WHEREOF, I have hemlines ser my hand end affixed my aotsoiil sal the day and yew last above seinen.
My Coven lesion Eoires
Aber recording return to:
Techasa Lad Coaadaon, Inc
770 Rook Creak Rd. 0 117
Norman, OK 73069
Notary Public
Addicts:
111111111111111111111111111111111111111 III 11111 1111 111
668877 02/17/2005 02:23P 81663 P778 N fLSDORF
2 of 3 R 16.00 0 0.00 GARFIELD COUNTY CO
•
• IVIITERIRI111114111111Y111,1111011111 P7, ALSDORF
3 of 3 R 16.00 D 0.00 GARFIELD COUNTY CO
EXHIBIT "A"
ATTACHED TO AND MADE A PART OF THAT CERTAIN OIL AND GAS LEASE
DATED NOVEMBER 19, 2004, BY AND BETWEEN ALVIN W. WOODY, A
MARRIED MAN DEALING IN HIS SOLE AND SEPARATE PROPERTY, LESSOR,
AND ANTERO RESOURCES II CORPORATION, LESSEE:
DESCRIPTION OF LANDS:
Township 6 South, Ran= 92 West, 6o P. M.
All that part of the S1/2SW 1 /4 and SWI/4SE 1/4 Section 5, also all that part of Lots 2 and 3, Section 8, all
in Tp. 6 S., R. 92 W., of the 6“' P.M., Tying northerly of the present U. S. Highway No. 6 and 24, and
southerly of the Ditch in use, known as the Cactus Valley Ditch, described as follows:
Beginning at a point on the Easterly line of said SWI /4SE 1/4 of Section 5; whence the South East coma of
said Section 5 bears S. 83'57'E. 1348.03 ft.; thence S. 282.7 ft. along the easterly line of said SWI/4SEI/4
and the easterly line of said Lot 2 Section 8 to a point on the Northerly line of said Highway; thence N.
83'17' W. 615.9 R. along the Northerly boundary of said Highway: thence N. 88'00' W. 849.2 R. along the
Northerly boundary of said Highway; thence N. 87'59' W. 1436.8 11. along the northerly boundary of said
Highway; thence N.33'48' W. 538.4 ft.; thence N. 5T40' E. 116.0 ft.; thence N. 46'39' W. 132.46 ft.;
thence N. 80'49' E. 20.0 R.; thence S. 89'54' E. 11.48 R. to a point in the center of said cactus Valley
Ditch; thence N. 85'31' E. 524.82 ft. along the center line of said ditch; thence N. 81'22' E. 183.64 R.
along the center line of said ditch; thence S. 77'34' E. 378.49 R. along the center line of said ditch; thence
S. 5756' E. 157.74 ft. along the center line of said ditch; thence 74'48' E. 376.49 R. along the center line
of said ditch; thence S. 82'45' E. 397.35 ft. along the center line of said ditch; thence S.59'47' E. 302.54 ft.
to a point in the center of said ditch; thence S. 67'48' E. 847.42 R. along the center line of said ditch;
thence N. 71'27' E. 218.0 ft. along the center line of said ditch; to a point on the easterly line of said
SW 1/4SE 114, the point of beginning. Containing 41.85 acres, more or less.
Lessor herein intend to lease any right, title and interest Lessor may have in and to any and all mineral
rights on, in and under any and all streets, county roads, highways, railroad strips and/or any and all other
easements and rights of way whatsoever, canals, ditches and other waterways lying across and/or adjacent
and/or in any way appertaining to the lands hereinabove described, including without limitation any lands
acquired by accretion through meander of waterways.
1111 F.1 11461,r,ahfill MSI 111
Reception#: 718230
03/02/2007 03 36.11 PM B 1899 P Jean A1berico
1 of 3 Rec Fee:$16 00 Doc Fee:120.k, GARFIELD COUNTY CO
•
c
WARRANTY DEED
CHARLES HOWARD ROBINSON and CLARICE JANE ROBINSON, P.O.
Box 1185, Rifle, Colorado 81650 ('`Grantors"), for One Million Two Hundred Thousand
Dollars ($1,200,000) and other good and valuable consideration, in hand paid, does hereby
sell and convey to DONALD R. ZIEGLER, whose address is
P 0 Box 2810,G1 enwood Springs CO 81602 ,/i O,11GbiOf dd /Filk q' ("Grantee"), the
following described real property situate in the County of Garfield, State of Colorado, to -
wit:
All that part of the S'ASW'/4 and SW'/4SE1/2 Section 5, also all that part
of Lots 2 and 3, Section 8, all in Tp. 6 S., R. 92 W., of the 6th P.M., lying
northerly of the present U.S. Highway No. 6 and 24, and southerly of the
Ditch in use, known as the Cactus Valley Ditch, described as follows:
Beginning at a point on the Easterly line of said SW'/4SE'/4 of Section 5;
whence the South East corner o:f said Section 5 bears S. 83°57' E. 1348.03
ft.; thence S. 282.7 ft. along the Easterly line of said SW`ASE'h and the
Easterly line of said Lot 2 Section 8 to a point on the Northerly line of
said Highway; thence N. 8317' W. 615.9 ft. along the Northerly
boundary of said Highway; thence N. 88'00' W. 849.2 ft. along the
Northerly boundary of said Highway; thence N. 87'59' W. 1436.8 ft.
along the Northerly boundary of said Highway; thence N. 33'48' W.
538.4 ft.; thence N. 57'40' E. 116.0 ft.; thence N. 46'39' W. 132.46 ft.;
thence N. 17°20' W. 183.85 ft.; thence N. 80°49' E. 20.0 ft.; thence S.
89°54' E. 11.48 ft. to a point in the center of said Cactus Valley Ditch;
thence N. 85'31' E. 524.82 ft. along the center line of said ditch; thence
N. 81°22' E. 183.64 ft. along the center line of said ditch; thence S. 77'34'
E. 378.49 ft. along the center line of said ditch; thence S. 57°56' E. 157.74
ft. along the center line of said ditch; thence S. 74'48' E. 376.49 ft. along
the center line of said ditch; thence S. 82'45' E. 397.35 ft. along the
center line of said ditch; thence S. 59'47' E. 302.54 ft. to a point in the
center of said ditch; thence S. 67'48' E. 847.42 ft. along the center line of
said ditch; thence N. 71'27' E. 218.0 ft. along the center line of said ditch;
to a point on the easterly line of said S W'/4SE'/4, the point of beginning.
Containing 41.85 acres, more or less.
Common address: 31145 U.S. Highway 6, Rifle, Colorado 81650.
RESERVING, HOWEVER, unto Grantors an undivided one-fourth
(1/4th) interest in and to all of the oil, gas and other minerals in and
C'tnncumcnt. and SfIfl, ,Fmnr Desk ktoptCI.IENT kobn,.J)oc'2-27-0, warranty Eked typd
1
Return to: Don Ziegler
P.O. Box 2810
Glenwood Springs CO 81602
11111 'i wham hrmilinilkilii4411 II
Reception$*: 718230
03/02/2007 03:36:11 PM B:1899 P:0146Alberico
2 of 3 Roc Fee:S16.00 Doc Fee:120.001WIELD COUNTY CO
•
under the Property described above; and
FURTHER RESERVING unto Grantors, the right to exclusive
possession of the Property above described, through and including May
31, 2007. Unless sooner surrendered, all such possessory rights of
Grantors shall be deemed terminated as of May 31, 2007 at 12:00
midnight.
TO HAVE AND TO HOLD THE SAME, together with all appurtenances and
privileges thereto belonging or in anywise thereto appertaining; and Grantors warrant title
to the same, except and subject to: the possessory rights of third parties in and to those
parts of the property, if any, lying outside the established fencelines; easement and right-
of-way for the Cactus Valley Ditch and Mallory Gulch; prior reservation of undivided one-
half ('/z) interest in all oil, gas and other minerals as contained in Deed recorded March 12,
1963, in Book 347 at Page 478, and any assignments thereof; terms and conditions of
utility easement to Public Service of Colorado, recorded February 22, 1993 in Book 855
at Page 206; terms and conditions of Property Line Agreement recorded September 12,
2002 in Book 1385 at Page 651; and general property taxes for calendar year 2007, not yet
due and payable.
(All references to Book and Page pertain to the records of the Garfield County Clerk and Recorder).
Dated this \ day of ( p,' t{ , 2007.
C 1Docume.0 end Sentn`t'F oni DcA ,UwQ1CLIEMVtobneonDoek2-ZSan Warreney Deed.v.pd
GRANTORS:
01344--k-C-J)
Charles Howard Robinson
CLARICE JANE ROB[ISON
By: // e.c.eCharles Howard Robinson
Attorney -in -Fact
2
STATE OF COLORADO )
COUNTY OF GARFIELD )
ss.
The foregoing instrument was acknowledged before me this 't day of
Yp,ci-! , 2007, by Charles Howard Robinson, individually, and by Charles Howard
Robinson, as attorney-in-fact for Clarice Jane Robinson.
Witness my hand and official seal.
My commission expires:
L. HUBBELL L.
`-`: ,TARY PUBLIC
C:F COLORADO
C 3mmi:.•sion Expires 04/OdiO8
C.‘Docunxnu and Scntnes? oo OcckDcskiop\CL1ENTRoMnaotao l.27.u7 Warranty Deed.wpd
3
•
ublic
1111 ,1 ' fl f1,14111aiiNIACI +GVIE *4
Reception#: 718230
03/02/2007 03:36:11 PM 8:1899 P:0147 Jean Rlberico
3 of 3 Rec Fee.$16.00 Doc Far 120.00 GARFIELD COUNTY CO
EDWARD MULHALL, JR.
SCOTT BALCOMB
LAWRENCE R. GREEN
TIMOTHY A. THULSON
DAVID C. HALLFORD
CHRISTOPHER L. COYLE
THOMAS J. HARTERT
CHRISTOPHER L. GEIGER
SARA M. DUNN
DANIEL C. WENNOGLE
SCOTT GROSSCUP
CHAD J. LEE
•
BALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
P.O. DRAWER 790
818 COLORADO AVENUE
GLENWOOD SPRINGS, COLORADO 81602
TELEPHONE: 970.945.6546
FACSIMILE: 970.945.8902
www.balcombgreen.com
May 2, 2008
KENNETH BALCOMB
1920-2005
OF COUNSEL:
JOHN A. THULSON
RECEIVED
VIA Hand Delivery MAY 0 2 2008
GARFIELD COUNTY
BUILDING & PLANNING
Craig Richardson
Garfield County Building and Planning
108 8th Street, Ste. 401
Glenwood Springs CO 81601
Re: Exemption From the Definition of Subdivision, Peregrine 08 Investments,
Inc.
Dear Craig:
Under this cover I submit herewith for filing in your office the requested 12
copies of the above -referenced Application. Should you have any comments or
questions regarding any of the above, please feel free to contact me at your convenience.
Very truly yours,
BALCOMB & GREEN, P.C.
By: S C
Timothy A. T
Enclosures
EDWARD MULHALL, JR.
SCOTT BALCOMB
LAWRENCE R. GREEN
TIMOTHY A. THULSON
DAVID C. HALLFORD
CHRISTOPHER L. COYLE
THOMAS J. HARTERT
CHRISTOPHER L. GEIGER.
SARA M. DUNN
DANIEL C. WENNOGLE
SCOTT GROSSCUP
CHAD J. LEE
Via Hand Delivery
BALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
P. 0. DRAWER 790
818 COLORADO AVENUE
GLENWOOD SPRINGS, COLORADO 81602
TELEPHONE: 970.945.6516
FACSIMILE: 970.945.9769
www.balcombgreen.com
April 25, 2008
Kathy Eastley
Garfield County Building and Planning
108 8th Street, #401
Glenwood Springs CO 81601
Re: Ziegler Exemption
Dear Kathy:
KENNETH BALCOMB
(1920-2005)
OF COUNSEL:
JOHN A. THULSON
I provide herewith the original request from Peregrine 08 Investments, LLC
authorizing me to act as its representative and an original Statement of Authority.
Should you have any questions or concerns regarding any of the above, please contact
me at your convenience.
Enclosures
Very truly yours,
BALCOMB & GREEN, P.C.
By: 3
Timothy A.
u
• •
or��—
• •
PEREGRINE 08 INVESTMENTS, LLC
0092 COUNTY ROAD 227
RIFLE, CO 81 650
April 22, 2008
TO WHOM IT MAY CONCERN:
Peregrine 08 Investments, LLC, a Colorado limited liability company, hereby
authorizes and appoints Timothy A. Thulson, Esq., of the law firm of Balcomb & Green,
P.C., to represent Peregrine 08 Investments LLC in connection with the application by it
filed with the Board of County Commissioners, Garfield County, State of Colorado, for
an exemption from the definition of a subdivision planned unit development for certain
real property situated within the County of Garfield and State of Colorado.
PEREGRINE 08 INVESTMENTS, LLC
By
on. ld R. Ziegler, Manager
STATEMENT OF AUTHORITY
1. This Statement of Authority relates to an entity named PEREGRINE 08 INVESTMENTS, LLC.
2. The type of entity is a LIMITED LIABILITY COMPANY.
3. The entity is formed under the laws of the STATE OF COLORADO.
4. The mailing address for the entity is 0092 County Rod 227, Rifle, CO 81650.
5. The name and position of the person authorized to execute instruments conveying, encumbering, or
otherwise affecting title to real property on behalf of PEREGRINE 08 INVESTMENTS, LLC is:
Donald R. Ziegler, Manager.
6. The authority of the foregoing person to bind PEREGRINE 08 INVESTMENTS, LLC is unlimited.
7. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section
38-30-172, C.R.S..
Executed this 2"day of April, 2008.
STATE OF COLORADO
) ss.
COUNTY OF GARFIELD
PEREGRINE 08 INVESTMENTS, LLC
By
. Ziegler, Manager
The above and foregoing instrument was acknowledged before me this ZZ'`'day of April, 2008, by
Donald R. Ziegler as Manager of Peregrine 08 Investments, LLC, a Colorado Limited Liability Company.
Witness my hand and seal.
My commission expires:
MARGUERITE BRAUNSCHWEIG
NOTARY PUBLIC
STATE OF COLORADO
My Cornmiss xpires 02/15/2010
Lots Served
Number of residences
Irrigated area
ENGINEERING
INCORPORATED
P.O. Box 1301
Rifle, CO 81650
Tel 970-625-4933
Fax 970-625-4564
December 22, 2008
Mr. Tim Thulson, Esq.
Balcomb & Green, P.C.
PO Drawer 790
Glenwood Springs, CO 81602
RE: Water Supply — Ziegler Exemption - Silt, Colorado
Dear Tim:
As requested, Colorado River Engineering, Inc. has assisted with the development of a
water supply for the Ziegler 4 -lot subdivision exemption situated along Highway 6&24
west of Silt. We have prepared this letter to summarize water supply components. One
well will serve the western Lot 1 and a shared well will serve the eastern Lots 2, 3, & 4.
The attached appendices include the following items for each well; (1) well permit, (2)
old monitoring hole permits, (3) Well construction log, (4) 4 -hour pump test reports, (5)
water quality test results. Our review indicates that the wells have a legal supply and a
sufficient physical supply to serve the proposed uses with acceptable water quality results
for bacteria and nitrate/nitrite. We have prepared the following table to summarize the
water supply components.
Well Summary Table
West Well East Well
Well Permit No.
Monitoring Well permit N
Well construction Log
4 -hour pump test
Water Quality
E coli Test
Coliform presence
'Nitrate (max 10 mg/I)
Nitrite (max 1 mg/I)
Lot 1
1
14,520 s.f.
67673-F
o, 273661
273661
J&M Pump
none
none
0.3
0.01
LOLL,
3
43,560 s.f.
67672-F
273662
273662
J&M Pump
none
none
0.3
0.02
The East well is proposed to be split among three lots and will need a well sharing
agreement. We recommend the agreement require each individual homeowner to
develop on-site storage and booster pumps to meet instantaneous peak demands. Each lot
should be limited to 14,520 s.f. of irrigated area. The east well is located on Lot 1 and
the plat should include an easement to access the well.
If you have any questions, please feel free to call our office at 970-625-4933.
Sincerely,
Colorado River Engineering, Inc.
&Pr Manera, P.E.
Encl:
CM:cm
M:\CREjobfiles\712-Ziegler\WellsumryDec-08. doc
• •
Form No.
GWS -25
APPLICANT
OFFICE OF THE ATE ENGINEER
COLORADO3DI13 VISION OFrWA aEo RoRESOURCES
818 3
(303) 866-3581
EXST
WELL PERMIT NUMBER 67673 - F
DIV. 5 WD 39 DES. BASIN MD
DONALD ZIEGLER
PEREGRINE 08 INVESTMENTS
PO BOX 2810
GLENWOOD SPRINGS, CO 81602-
(970) 379-1280
CHANGEIEXPANSION OF USE OF AN EXISTING 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 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, on the
b the
condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan,approvedY
State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for
the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract
#070419WestDZ(a).
4) Approved for the use of, an existing well, constructed on November 9, 2007, to a depth of 70 feet, under permit no. 273662 (canceled).
Issuance of the permit hereby cancels permit no. 273662.
5) Approved as a well on a tract of land of 41.85 acres described as that portion of the SW 1/4 of the SW 1/4, Sec. 5, Twp. 6 South, Rng. 92
West, 6th P.M., Garfield County, more particularly described on the attached exhibit A. Further identified as 31145 Highway 6 & 24, Silt, CO
6) The use of ground water from this well is limited to fire protection, ordinary household purposes inside ore single family dwelling, the
81652.
watering of two (2) head domestic animals, the irrigation of not more than 14,520 square feet of home gardens and lawns.nraAll upset' f this well
will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known ass
7) The pumping rate of this well shall not exceed 15 GPM.
8) The average annual amount of ground water to be appropriated shall not exceed 1.27 acre-foot (413,830 gallons).
9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as
appropriate. The owner shall take necessary means and precautions to preserve these markings.
10) This well shall be constructed not more than 200 feet from the location specified on this permit.
11) Totalizing flow meters must be installed on this well, and maintained in good working order. Permanent records of all diversions must be
maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. i 7�
NOTE: Canceled permit no. 273662 was previously issued for this well.
NOTE: Parcel Identification Number (PIN): 23-2179-054-00-056
NOTE: Assessor Tax Schedule Number: R200399 (totaling 41.85 acres)
APPROVED WELL LOCATION
GARFIELD COUNTY
SW 1/4 SW 1/4 Section 5
Township 6 S Range 92 W Sixth P.M.
DISTANCES FROM SECTION LINES
560 Ft. from South Section Line
1075 Ft. from West Section Line
UTM COORDINATES (Meters,Zone:13,NAD83)
Easting: Northing:
APPROVED
DMW
t,Receipt No. 9503147B
State Engineer
r
DATE ISSUED 11-04-2008
By
EXPIRATION DATE 11-04-2009
WELL CONSTRUCTION AND TEST REPORT
STATE OF COLORADO, OFFICE OF THE STATE ENGINEER
FOR OFFICE USE ONLY
RECEIVED
MAR 0 6' 2008
vvFii ER RESOURCESSTATE ENGINEER
.coo
# GWS31-91-03
1•
WELL PERMIT NUMBER 273661
2.
Owner Name(s): Don Ziegler
Mailing Address: P.O. Box 2810
City, State, Zip : Glenwood Springs, Co. 81602
Phone #APPROVAL
WELL LOCATION AS DRILLED 5 Twp: 6 S Range: 92 W
3
SE 1/4 SW 1/4 Sec:
DISTANCES FROM SEC. LINES
260 ft. from South Sec. line and 1520 ft. from West Sec. line OR Easting: Northing:
SUBDIVISION: LOT: BLOCK: FILING (UNIT):
STREET ADDRESS AT LOCATION
4
GROUND SURFACE F.T.FVATION ft. DRILLING METHOD Air Rotary
DATE COMPLETED: 11/30/2007 TOTAL DEPTH: 70 DEPTH COMPLETION: 70
5.
GEOLOGIC LOG
6. HOLE DIAMETER (in)
FROM (ft)
TO (ft)
Depth
Type of Material (Size, Color, and Type)
9.0
0
45
000-033
Silts, Clays
6.5
45
70
033-044
Gravels
044-070
Wasatch Formation
7. PLAIN CASING
OD (in)
Kind
Wall Size
From (ft)
To (ft)
7.0
Steel
0.240
-1
34
5.5
PVC
0.250
45
70
PERF. CASING : Screen Slot Size
7.0
Steel
0.240
34
45
5.5
PVC
0.250
32
45
Water Located: 33 - 44
Remarks :
8. Filter Pack
Material :
Size :
Interval :
9. Packer Placement
Type :
Depth :
10. GROUTING RECORD
Material
Amount
Density
Interval
Placement
Cement
5 sks
6 gal/sk
10-25
poured
11. DISINFECTION : Type : HTH Amt. Used : 2 oz.
12. WELL TEST DATA : () Check Box If Test Data Is Submitted On Supplemental
TESTING METHOD : Air Compressor
Static Level : 27 ft. Date/Time Measured 11/30/2007 Production Rate 15 gpm
Pumping Level : Total ft. Date/Time Measured 11/30/2007 Test Length : 2 hours
Test Remarks :
I have read the, statements made herein rad lmow the cosaans thereof and that they are true m my knowledge. (Pursuant to Section 24-4-1-4 (13xa) CRS, the malting of false statements
13. canstimses in the secaod degree and is pumushable as a dans 1 misdemeanor.) Phone : (970)927-4182
CONTRACTOR : Shelton Drilling Corp.
Mailing Address : P.O. Box 1059 Basalt, Co. 81621 Lic. No. 1095
Name / Title (Please Type or Print)
Wayne Shelton / President
Signature
Date
12/4/2007
ki [,l0 13
L
{
J
Form No. OFFICE OF THE STATE ENGINEER
GWS -25 COLORADO DIVISION OF WATER RESOURCES
1313818 o
(303) 866-3581
APPLICANT
1095
WELL PERMIT NUMBER 273661
DIV. 5 WD 39 DES. BASIN MD
DONALD ZIEGLER
PO BOX 2810
GLENWOOD SPRINGS, CO 81602-
(970) 379-1280
APPROVED WELL LOCATION
GARFIELD COUNTY
SE 1/4 SW 1/4 Section 5
Township 6 S Range 92 W Sixth P.M.
DISTANCES FROM SECTION LINES
_275 Ft. from South Section Line
1550 Ft. from West Section Line
UTM COORDINATES [Meters.Zone:13,NAD83)
Easting: Northing:
PERMIT TO GUNS I 1 s► W LL
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)(1) for uses as described in CRS 37-92-602(1)(f). Use of this well is limited to
monitoring water levels and/or water quality sampling. This well is known asf2egierEast Monitoring Well.
4) This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well.
The well must be kept capped and locked at all times except during sampling or measuring.
5) Records of water level measurements and water quality analyses shall be maintained by the well owner and submitted to
the Division of Water Resources upon request.
6) Upon conclusion of the monitoring program the well owner shall plug this well in accordance with Rule 16 of the Water
Well Construction Rules. A Well Abandonment Report must be completed and submitted to the Division of Water
Resources within 60 days of plugging.
7) The owner shall mark the well in a conspicuous place with the well permit number and name of aquifer as appropriate,
and shall take necessary means and precautions to preserve these markings.
8) This well must be constructed by or under the supervision of a licensed well driller or other authorized individual according
to the Water Well Construction Rules. If non-standard construction is anticipated, a variance request must be submitted in
accordance with Rule 18 and approved prior to well construction.
9) A Well Construction and Test Report (Form GWS -31), including lithologic log must be submitted by the individual
authorized to construct the well. For non-standard construction, the report must include an as -built drawing showing
details such as depth, casing, perforated zones, and a description of the grouting type and interval.
10) This well shall be constructed not more than 200 feet from the location specified on this permit. dof- g400
NOTE: Parcel Identification Number (PIN): 23-2179-054-00-056
NOTE: Assessor Tax Schedule Number. R200399 (totaling 41.85 acres)
APPROVED
DMW
Receipt No. 9502766A
State Engineer
DATE ISSUED 05-18-2007
div ' 2.,
By
EXPIRATION DATE 05-18-2009
FROM : JaM PUMP COMPANY
FAX NO. : 970 945 6159 Nov. 19 2007 04:15PM P1
cc At gatittnp SRC.
8611 Nate* ?aacd 117
gerttacad Spicing* eO 81601
Aims: 970-945-6159
eget 97C-948-6759
:fax: 970-945.6159
Well Test
DATE: November 19, 2007
TO: Don Ziegler
Box 2810
Glenwood Springs CO. 81602
RE: Well Test
Attn: Don,
J & M Pump Inc. perfonned a four hour well test on property located east of your
residence located west of Silt. The following information was obtained:
Well Depth: 70'
Water Level: 35'10" measured from top of casing
Drawdown To: 36'4" measured from top of casing
Sustained Yield: 15 GPM
Clarity: Clear
Recovery: 92% within 8 minutes
Sample: Taken by Colo Riv. Eng_ Mark Hays
Pumping volume was increased to ( 40 GPM for 15 minutes towards end of test. The
drawdown of that yield was ® 14" from 36'4".
If you have any questions, please call Rick, 945-6159
Richard A Holub
Lic. No 1196
Thank Yon!
• •
Colorado Deparunmt
of public Health
and Environment
Laboratory Services Dizidlik
8100 Lowry Bouleva. r CO 80230-6928
US Mail: PO Box 17123, Denver CO 80217
(303) 692-3090 fax (303) 344-9989
Lab ID No.
ENW-2007007081
\IPLE SITE
SAMPLE INFORNIATION
3N ZIEGLER WEST WELL
145HWY6&24
EGLER PROPERTY WEST WELL WELL HEAD
Collected 11/19/2007 10:00:001
Received 11/20/2007 11:47:OOAM
Reported 11/21/2007
Collected By MH
Matrix Drinking Water
'STONER
COM \IENTS
intact Name
intact Phone
Colorado River Engineering
PO Box 1301
Rifle CO 81650
Mark Hayes
Purpose Special Chlorine residual
Purpose
Payment Type Billed
Test Name
Result
Method Name
Escherichia coli PA
Total coliforms PA
E. coli not detected
Coliform absent or less than one (<1),
indicates a microbiologically safe sample
SM 9223
iRS Interent Address: http://www.cdphe.state.co.us/lr/lrhom.htm
)dification Date:11/21/2007
•
Colorado Depamnent
of Public Health
and Environment
iauoratory bervicuivision
8100 Lowry Boum rd, Denver CO 80230-6928
US Mail: PO Box 1i123, Denver CO 80217
(303) 692-3090 fax (303) 344-9989
LAB ID: INO-2007005836-001-A
SAIIPLE SITE
SAMPLE INFORMATION
DON ZIEGLER WEST WELL
31145HWY6&24
SILT CO
ZIEGLER PROPERTY WEST WELL
Collected
Received
Reported
Collected By
Matrix
Water Temp
Residual Chlorine
Field Fluoride
11/19/2007 10:00:001
11/20/2007 11:471101
11/29/2007
MH
Drinking Water
,./_
CUSTOMER
COIII4ENTS
Contact Name
Contact Phone
Colorado River Engineering
PO BOX 1301
136 East Third Street
Rifle CO 81650
Mark Hayes
0
Test Name
Result
Units
Method
Name
Date
Analyzed
MCL
PQL
Qualifier
Nitrite -N
<0.01
mg/L
EPA 300.0
11/21/2007
1.0
0.01
Nitrate -N
4.2
mg/L
EPA 300.1
11/20/2007
10
0.3
Lab Comments:
PQL - The lowest concentration ofa substance in a sample that can be measured with a known level of confidence
MCL - Maximum Contaminant Level - The highest level ofa contaminant that is allowed in drinking water
<- less than MDL
mg/L - milligram per liter (ppm)
ug/L - microgram per liter (ppb)
•
00Th T—...._...... A .1 :1_......_ l..as...//....,n,....7..i,e
•
11111 Contract #07041 c9WestDZ(a)
Map #562
Date Activated 4/l 9/07
WEST DIVIDE WATER CONSERVANCY DISTRICT
WATER ALLOTMENT CONTRACT
Name of Applicant: Donald Ziegler
Quantity of Water in Acre Feet: 0.85
Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado,
organized pursuant to and existing by virtue of C.R.S. 1973, §37-45-101, et seq., (hereinafter referred to as the "District") for an allotment contract
to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this Contract and the
attached Application, Applicant hereby agrees to the following terms and conditions:
] . 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. lfApplicant 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 Districts 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 ofBeneficial Use: Any and all water allotted Applicant by the District shall be used for the
following beneficial use or uses: industrial, municipal, domestic and related uses, or commercial (except for commercial use from 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 Un ited States and the West Divide Water Conservancy District). Applicants beneficial use of any and all water allotted shall be
within or through facilities or upon land owned, leased, operated, or under Applicants control.
4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir, Green Mountain
Reservoir, Alsbury Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the
Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources, and release or delivery ofwater at
such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir or Green
Mountain Reservoir shall be subject to the District's lease contracts with the United States Bureau of Reclamation. Releases from other facilities
available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby
1
expressly reserves the right to store water o make exchange releases from structures that ma} ouilt 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 l), shall revert to the water supplies of the District. Such reversion shall not
entitle Applicant to any refund of payment made for such water.
Water service provided by the District shall be limited to the amount of water available in priority at the original point ofdiversion
of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at
new or alternate points of diversion. The District shall request the Colorado Division of Water Resources to estimate any conveyance losses between
the original point and any alternate point, and such estimate shall be deducted from this amount in each case.
Water service provided by the District for properties located within the Bluestone and Silt Water Conservancy Districts is
provided pursuant to Agreements with said Districts. The Intergovernmental Agreement between the District and the Silt Water Conservancy
District, dated January 25, 2001, is recorded as Reception No. 575691, Garfield County Clerk and Recorder's Office. The Intergovernmental
Memorandum of Understanding between the District and the Bluestone Water Conservancy District, dated April 26, 200], is recorded as Reception
No. 584840,. Garfield County Clerk and Recorder's Office.
5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's water
rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the
exclusive responsibility of Applicant. The District reserves the right to review and approve any conditions which may be attached to judicial approval
of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it
shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated herein, and further
agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to
obtain/divert the waters at said alternate point of diversion and deliver them to Applicants 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 I9 below. In any event, the District shall have the right
to approve or disapprove the Applicants 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 applicableto that
year.
2
•
Annual payments for' . year thereafter shall be due and payable by the At r,icant 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 (] 5) days after the date of said written notice, Applicant shall at Districts sole option have no
funher 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 oflegal and engineering costs incurred in connection with anywater
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 Applicants rights under this Contract shall be subject to, and must
comply with, such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contract
obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applyingto the District for
individual and separate allotment Contracts. No assignment shall be recognized by the District except upon completion and filing ofproper forms for
assignment and change of ownership.
In the event the water allotted pursuant to this Contract is to be used for the benefit of land which is now or will subsequently be
subdivided or held in separate ownership, the Applicant may only assign the Applicant's rights hereunder to: 1) No more 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 Applicants obligations under this
Contract In no event shall the owner of a portion, but Tess than all, of the Applicant's property to be served under this Contract have any rights
hereunder, except as such rights may exist pursuant to a well sharing agreement or through a homeowners association or special district asprovided
above.
Upon the sale of the real property to which this Contract pertains. Applicant shall make buyer aware of this Contract and proper
forms for assignment and change of ownership must be completed.
9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules and
regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law.
10. Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement' with the
District under terms and conditions determined by the board of Directors of the District, i f 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 del' j services and for additional administration, operat,.._., and maintenance costs; or for other costs to the
District which may arise through services made available to the Applicant.
11. Change of Use: The District reserves the exclusive right to review, reapprove or disapprove any proposed change in use
of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without
the prior written approval of the District shall be deemed to be a material breach of this Contract.
12. Use and Place of Use: Applicant aerees 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 (Zone acre foot per dwelling) for ordinary household purposes inside one single family dwelling, the watering of domestic livestock, fire
protection, and the irrigation of lawn and garden as specified in the Application.
Water Resources.
Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of
Watering of livestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless Applicant
obtains approval from the Colorado Division of Water Resources for commercial use/livestock watering, provided that in no event shall actual
diversions exceed the amount of water provided by this Contract.
Violation of this paragraph 15 shall be deemed to be a material breach of this Contract.
16. Well Permit: If Applicant intends to divert through a well, then Applicant must provide to District acopy ofApplicant's
valid well permit before District is obligated to deliver any water hereunder.
17. Measuring Device or Meter Applicant agrees to provide, at its own expense, a measuring device deemed acceptable by
the District's Engineer after consultation, or a totalizing flow meter with remote readout to continuously and accurately measure at all times all water
diverted pursuant to the terms of Applicant's water right and the terms of this Contract. Applicant agrees to provide accurate readings from such
device or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result in legal action to
terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. By signing this Contract, Applicant hereby
specifically allows District, through its authorized agent, to enter upon Applicant's property during ordinary business hours for the purposes of
determining Applicant's actual use of water.
4
18. Represents By executing this Contract, Applicant agrees th� . 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 lo include
Applicant's Contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the
District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceedings.
Applicant shall he assessed a pro -rata share of the total cost incurred by the District in preparing, filing and pursuing to decree the water court case.
The pro -rata share shall be calculated by dividing such total cost by the number of contractees included in the filing. To the extent that theDistrict 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. Wamine: 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 BENEF)C1AL 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 SUBJECTOF THIS
CONTRACT IS LOCATED OUTSIDE "AREA A" AS DESIGNATED BY THE DISTRICT, THEN THIS PARAGRAPH APPLIES: THE
AUGMENTATION WATER PROVIDED BY THE DISTRICT UNDER THIS CONTRACT MAY ONLY PROTECT APPLICANTS WATER
RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER
SENIOR RIGHT. NO REPRESENTATION OTHERWISE IS MADE BY THE DISTRICT. IF THIS IS A CONCERN TO APPLICANT, THIS
CONTRACT MAY BE RESCINDED UPON WRITTEN NOTICE DELIVERED TO THE DISTRICT BY THE APPLICANT WITHIN THE NEXT
30 DAYS FOLLOWING THE AFFIXING OF SIGNATURES ON THIS CONTRACT IN WHICH EVENT ALL SUMS PAID BY APPLICANT
FOR THIS CONTRACT SHALL BE IMMEDIATELY REFUNDED TO APPLICANT.
t° 4144 -
Applicant Applicant
5
STATE OF/0?G/U
COUNTY OF (la,- ,V
The foregoing instrument was
he/5 443F1et,a
STATE OF
}
)!
acknowledged
) ss"
COUNTY OF
The foregoing instrument was acknowledged
aca 't!
AMANDA B. e
DUNN
t,4'
befo y tap ri „�
Vi UO
before me on this
F day of fibpc}) b► 20 Q , by
Aftseal. My commission expires: .4. A q ,„zj 9
14 , I. di at e
Notary Public
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.
ATTEST:
Se�retary
WEST DIVIDE WATER CONSERVANCY DISTRICT
By
President
Date
This Contract includes and is subject to the terms and conditions of the following documents which must accompany this Contract:
I. 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 deletioas, have teen approved and adopted by the West Divide Water Conservancy District
Form #WDWCD 050907 CONTRACT.
6
• •
Form No.
GWS -25
APPLICANT
OFFICE OF THE,ATE ENGINEER
COLORADO DIVISION OF WATER RESOURCE'?
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581
EXST
WELL PERMIT NUMBER 67672 - F
DIV. 5 WD 39 DES. BASIN MD
DONALD ZIEGLER
PEREGRINE 08 INVESTMENTS
PO BOX 2810
GLENWOOD SPRINGS, CO 81602-
(970) 379-1280
EXISTING WELL
APPROVED WELL LOCATION
GARFIELD COUNTY
SE 1/4 SW 1/4 Section 5
Township 6 S Range 92 W Sixth P.M.
DISTANCES FROM SECTION LINES
275 Ft. from South Section Line
1550 Ft. from West Section Line
UTM COORDINATES (Meters,Zone:13,NAD83)
Easting: Northing:
;HANvt►txrPiNbIUN OF USE Or AN
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that
no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has
been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, on the
condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the
State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for
the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract
#070419EastDZ(a).
4) Approved for the use of, an existing well, constructed on November 30, 2007, to a depth of 70 feet, under permit no. 273661 (canceled).
Issuance of the permit hereby cancels permit no. 273661.
5) Approved as a well on a tract of land of 41.85 acres described as that portion of the SE 1/4 of the SW 1/4, Sec. 5, Twp. 6 South, Rng. 92
West, 6th P.M., Garfield County, more particularly described on the attached exhibit A. Further identified as 31145 Highway 6 & 24, Silt, CO
81652.
6) The use of ground water from this well is limited to fire protection, ordinary household purposes inside three (3) single family dwellings, the
watering of six (6) head domestic animals, the irrigation of not more than one (1) acre of home gardens and lawns. All use of this well will be
curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known asd 'SWOP
-
7) The pumping rate of this well shall not exceed 15 GPM.
8) The average annual amount of ground water to be appropriated shall not exceed 3.82 acre-foot (1,244,747 gallons).
9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as
appropriate. The owner shall take necessary means and precautions to preserve these markings.
10) This well shall be located not more than 200 feet from the location specified on this permit and at least 600 feet from any existing well,
completed in the same aquifer, that is not owned by the applicant.
11) Totalizing flow meters must be installed on this well, and maintained in good working order. Permanent records of all diversions must be
maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request.
NOTE: Canceled permit no. 273661 was previously issued for this well.
NOTE: Parcel Identification Number (PIN): 23-2179-054-00-056 � 00
NOTE: Assessor Tax Schedule Number: R200399 (totaling 41.85 acres)
APPROVED
DMW
State Engineer
Rprpint Nn 9503147A DATE ISSUED
11-04-2008
By
EXPIRATION DATE 11-04-2009
i
1
i
Nov 12 07 04:OOp Wayne Shelton --- 97(1927-3801 p.1
Form No.
-_GWS -25
APPLICANT
OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg.. 1313 Sherman Si., Denver, Colorado 80203
(303)866-3581
WELL PERMIT NUMBER 273662
DIV. 5 WD 39 DES. BASIN MD
DONALD ZIEGLER
PO BOX 2810
GLENWOOD SPRINGS, CO 81602-
(970) 379-1280
PERMIT TO CONSTRUCT A WELL
APPROVED WELL LOCATION
GARFIELD COUNTY
SW 1/4 SW 1/4 Section 5
Township 6 S Range 92 W Sixth P.M.
DISTANCES FROM SECTION LINES
560 Ft. from South Section Line
1075 Ft. from West Section Line
UTM COORDINATES (Meters,Zone:13,NAD83)
Easting: Northing:
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights_ The issuance of this permit
does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from
seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval
of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation
Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-92-602(3)(b)(I) for uses as described in CRS 37-92-602(1)(1). Use of this well is limited to
monitoring water levels and/or water quality sampling. This well is known as Ziegler West Monitoring Well.
4) This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well.
The well must be kept capped and locked at all times except during sampling or measuring.
5) Records of water level measurements and water quality analyses shall be maintained by the well owner and submitted to
the Division of Water Resources upon request.
6) Upon conclusion of the monitoring program the well owner shall plug this well in accordance with Rule 16 of the Water
Well Construction Rules. A Well Abandonment Report must be completed and submitted to the Division of Water
Resources within 60 days of plugging.
7) The owner 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 welt driller or other authorized individual according
to the Water Well Construction Rules. If non-standard construction is anticipated, a variance request must be submitted in
accordance with Rule 18 and approved prior to well construction.
9) A Well Construction and Test Report (Form GWS -31), including lithologic log must be submitted by the individual
authorized to construct the well. For non-standard construction, the report must include an as -built drawing showing
details such as depth, casing, perforated zones, and a description of the grouting type and interval.
10) This well shall be constructed not more than 200 feet from the location specified on this permit
NOTE: Parcel Identification Number (PIN): 23-2179-054-00-056
NOTE: Assessor Tax Schedule Number. R200399 (totaling 41.85 acres)
APPROVED
DMW
4‘'
State Engineer
`Receipt No. 9502766E .DATE ISSUED 05-18-2007
8
FRATION DATE 05-18-2009
Nov 12 07 04:OOp
Wayne Shelton
WELL CONSTRUCTION AND TEST REPORT
STATE OF COLORADO, OFFICE OF THE STATE ENGINEER
2.
3.
WELL PERMIT NUMBER 273662
Owner Name(s): Donald Ziegler
Mailing Address: P.O. Box 2810
City, State, Zip : Glenwood Springs, Co 81602
Phone # : 907-379-1280
WELL LOCATION AS DRILLED
DISTANCES FROM SEC. LINES
490 ft. from South Sec. line and
SUBDIVISION:
970--1927-3801
FOR OFFICE USE ONLY
APPROVAL # GWS3I-91-03
p.2
SW 1(4 SW 1/4 Sec: 5 Twp: 6 S Range: 92 W
1125 ft. from West Sec. line OR Easting: Northing:
BLOCK:
LOT:
FILING (UNIT):
4
GROUND SURFACE ELEVATION ft DRILLING METHOD Air Rotary
DATE COMPLETED: 11/9/2007 TOTAL DEPTH: 70 DEPTH COMPLETION: 70
5.
GEOLOGIC LOG
6. HOLE DIAMETER (in)
FROM (ft)
TO (ft)
Depth Type of Material (Size, Color, and Type)
9.0
0
58
000-041 Clays, Silts
6.5
58
70
041-050
Cobbles, Gravels
_
050-070
Wasatch Formation
7. PLAIN CASING
OD (in)
Kind
',all Size
From (ft)
To (ft)
7.0
Steel
0.240
-1
42
7.0
Steel
0.240
50
58
5.5
PVC
0.250
50
70
PERF. CASING
: Screen Slot Size
7.0
Steel
0.240
42
50
Water Located: 41 - 50
Remarks :
8. Filter Pack
Material :
Size :
Interval :
9. Packer Placement
Type :
Depth :
10. GROUTING RECORD
Material
Amount
Density I Interval I Placement
Cement
5 sks
6 galisk 10-24 1 poured
1
11. DISINFECTION : Type : HTH Amt. Used : 2 oz.
12. WELL TEST DATA : () Check Box If Test Data Is Submitted On Supplemental
TESTING METHOD : Air Compressor
Static Level : 37 ft. Date/Time Measured 11/9/2007 Production Rate 15 gpm
Pumping Level : Total ft. DateiTime Measured 11/9/2007 Test Length : 2 hours
Test Remarks :
13.1 have read the statements made herein and know the contents thereof, and that they arc true to my knowledge. (Pursuant to Salton 24-4-1.4 (1:)(a) CRS, the malcom of false statements
on3imtes perjwy in the second degre and is punishable as a class 1 misdemeanor. )
CONTRACTOR Shelton Drilling Corp. Phone : (970) 927-4182
Mailing Address : P.O. Box 1059 Basa Co. 81621 Lic. No. 1095
Name / Title (Please Type or Print)
Wayne Shelton 1 President
Signaturj'
Date
11/12/2007
s
-0/11
_—....+"
U it
�d.4t Yurnp J
8611 &iw iV..laad 117
quuuraad Sp*i g eV 81.601
Amu.: 970-945.6159
97C-943-6159
taco: 970845-6159
Well Test
DATE: December 5, 2007
TO: Don Ziegler
Box 2810
Glenwood Springs, CO. 81602
RE: Well Test #2
Attn: Don,
J & M Pump Inc. performed a four hour well test on property located east of your
residence located west of Silt_ Well #2 information was obtained:
Well Depth: 70'
Water Level: 28' measured from top of casing
Drawdown To: 30'2" measured from top of casing
Sustained Yield: 15 GPM
Clarity: Clear
Recovery: 100% within 22 minutes
Sample: Taken by Colo. Riv. Eng. Mark Hays
Pumping volume was increased to ® 40 GPM Thr 15 minutes towards end of test_ The
drawdown of that yield was 13" from 30'2"
If you have any questions, please call Rick, 945-6159
I & M Pump Inc.
Richard A Holub
Lic. No 1196
'hank You!
1 •
:.a\IPLE SITE
Laooratory services L2iyision
8100 Lowry Bouleva ver CO 80230-6928
US Mail: PO Box 171 nver CO 80217
Colorado
(303) 692-3090 fax (303) 344-9989
of Publ
aad F,nvitnnment
•
Lab ID No.
ENW-2007007353
SAMPLE INFORMATION
EIEGLER PROPERTY
31145 HWY 6&24
EAST WELL EAST WELL WELL HEAD
Collected
Received
Reported
Collected By
12/5/2007 9:05:00AP
12/6/2007 11:02:OOAM
12/7/2007
MH
Matrix Drinking Water
.1STONIFR
COM \LENTS
Colorado River Engineering
PO Box 1301
136 East Third Street
Rifle CO 81650
:ontact Name Mark Hayes
:ontact Phone
Purpose Special Chlorine residual 0
Purpose
Payment Type Billed
Test Name
Result
Method Name
Escherichia coli PA
Total coliforms PA
E. coli not detected
Coliform absent or less than one (<1),
indicates a microbiologically safe sample
SM 9223
QRS Interent Address: http://www.cdphe.state.co.us/lr/lrhom.htm
odification Date:12/7/2007
Colorado Departrncnt
of Public Health
and Environment
Laboratory Serviceivision
8100 Lowry Boulez Denver CO 80230-6928
US Mail: PO Box 17123, Denver CO 80217
(303) 692-3090 fax (303) 344-9989
LAB ID: INO-2007006047-001-A
SAMPLE SITE
SAMPLE INFORMAT 3N
ZIEGLER PROPERTY
31145HWY6&24
SILT CO
EAST WELL WELL HEAD
Collected
Received
Reported
Collected By
Matrix
Water Temp
Residual Chlorine
Field Fluoride
12/5/2007 9:05:00A1
12/6/2007 4:19:00PN
12/12/2007
mh
Drinking Water
CUSTOMER
COMMENTS
Contact Name
Contact Phone
Colorado River Engineering
PO BOX 1301
136 East Third Street
Rifle CO 81650
Mark Hayes
9706254933
NO NEED TO RETURN ICE PACK
Test Name
Result
Units
Method
Name
Date
Analyzed
MCL
PQL
Qualifier
Nitrate -N
<0.3
mg/L
EPA 300.1
12/07/2007
10
0.3
Nitrite -N
<0.02
mg/L
EPA 300.0
12/07/2007
1.0
0.02
Lab Comments:
COPY SENT TO CDPHE
WATER QUALITY DEP.
PQL - The lowest concentration ofa substance in a sample that can be measured with a known level of confidence
MCL - Maximum Contaminant Level - The highest level ofa contaminant that is allowed in drinking water
< - less than MDL
mg/L - milligram per liter (ppm)
ug/L - microgram per liter (ppb)
•
T .ST) Tnterent Address: htto://www.cdphe.state.co.us/lr/lrhom.htm
•
APPLICATION TO AMEND WATER LEASE # 070419EastDZ(a)
WEST DIVIDE WATER CONSERVANCY DISTRICT
109 West Fourth Street, P. O. Box 1478, Rifle, Colorado 81650
Contract #070419EastDZ(a)
Ma P#563
Date Activated 4/19/07
Date Amended 8/28/08
1. APPLICANT INFORMATION
Name: Donald Ziegler / Peregrine 08 Investments, LLC
Mailing address: PO Box 2810
Glenwood Scrims. CO 81602
Telephone: 970-379-1280
Authorized agent Chris Manera/Colorado River Engineering. Inc.
2. COURT CASE ifs: Decree Case No.
Augmentation Plan Case No.
3. USE OF WATER
RESIDENTIAL
Number of main residences: 3 No. ADU's
Subdivision: No. constructed units: No. vacant lots
Home garden/lawn irrigation of 43560 total sq. ft.
Method of irrigation: flood sprinkler X other
Non-commercial animal watering of 6 animals
Fire Protection X
Evaporation: Maximum water surface to be exposed:
Description of any use, other than evaporation, and method of
diversion, rate of diversion, and annual amount of diversion of any
water withdrawn from the pond:
Well Sharing Agreement for mnitipfe owner welts must he submitted If
greaser than two owners, application must be made under a homeowners
association.
COMMERCIAL
Number of units: Total sq. ft. of commercial units:
Description of use:
LN'DUSTRIAL
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 amormt of diversion of any water withdrawn
from the pond:
MUNICIPAL
Description of use:
DIRECT PUMPING
Tributary:
Location:
4. SOURCE OF WA 11:R
Structure: Well Structure Name: Ziegler East Well
Source: surface storage ground water X
Current Permit* n/a (attach copy)
5. LOCATION OF STRUCTURE
Garfield SE
SW
County Quarter/quarter
5 6S
Section Township
Distance of well from section lines:
275 from South. 1550 from West
92W
Range
Quarter
6th
P. M.
Elevation: 5440
Well location address: 31145 Hwy 6 & 24. Sift. Colorado
(Attach additional pages for multiple structures)
6. LAND ON WHICH WATER WILL BE USED
(Legal description may be provided as an attachment.)
See attached
Number of acres in tract Total 45.4± ac
Inclusion into the District, at Applicant's expense, may be required.
7. TYPE OF SEWAGE SYSTEM
Septic tank/absorption leach field X Central System Other
District name:
8. VOLUME OF LEASED WATER NEEDED IN ACRE FEET:
2.54 (minimum of 1 acre foot except augmentation
from Alsbury Reservoir where a lesser amount is allowed)
Provide 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 nreler with remote readout is retprired to be installed
and usage reported to West Divide.
Applicant elpressly acknowledges it has had the opportunity to review
the District's form Water Allotment Contract and agrees this application
is made pursuant and subject to the terms and conditions contained
therein.
r
./v1^LY A{lirl1 �n6)vir(�
Applicant Signature
Applicant Signature
Application Date: Y_,Y. L '0 r')
DATE APPROVED:
Printed portions of this form, except differentiated additions or deletions have been approved and adopted by the West,Divide Water Conservancy District
Form : WDWCD 01-01-08 AMEND APPLICATION -
WEST DIVIDE WATER CONSERVANCY DISTRICT
WATER ALLOTMENT CONTRACT
Name of Applicant: Donald Ziegler
Contract #070419EastDZ(a)
Map #563
Date Activated 4/19/07
Quantity of Water in Acre Feet: 1.69
Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado,
organized pursuant to and existing by virtue of C.R.S. 1973, §37-45-101, et seq., (hereinafter referred to as the "District") for an allotment contract
to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this Contract and the
attached Application, Applicant hereby agrees to the following terms and conditions:
1. Water Rights: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert
water, which will be supplemented and augmented by water leased herein. If Applicant intends to divert through a well, it must be understood by
Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources.
2. Quantity: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of
diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado State
Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in
acre feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow, storage or
otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal availability of water
from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all ofthe terms
and conditions of this Contract. The District and the Applicant recognize that some of the Districts decrees may be in the name of the Colorado
River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may be dependent on the consent of the
Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein provided,
Applicant may so notify the District in writing, and the amount of water allotted under this Contract shall be reduced permanently in accordance with
such notice. Rates shall be adjusted accordingly in following water years only.
3. Beneficial Use and Location ofBeneficial Use: Any and all water allotted Applicant by the District shall be used for the
following beneficial use or uses: industrial, municipal, domestic and related uses, or commercial (except for commercial use from Alsbury Reservoir
and except to the extent that Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract No. 2-07-70-
W0547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be
within or through facilities or upon land owned, leased, operated, or under Applicant's control.
4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir, Green Mountain
Reservoir, Alsbury Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the
Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources, and release or delivery of water at
such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir or Green
Mountain Reservoir shall be subject to the District's lease contracts with the United States Bureau of Reclamation. Releases from other facilities
available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby
1
• •
expressly reserves the right to store water ann io 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 Applicants allocation not
delivered to or used by Applicant by the end of each water year (October 1), shall revert to the water supplies ofthe 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 Districts 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 Districts 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 may be attached to judicial approval
of said alternate point of diversion as contemplated or necessary to serve Applicants 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 Applicants 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 ofthe 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, ofthe 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 Districts sole option have no
further right, title or interest under this Contract without further notice, and delivery may be immediately curtailed. The allotment ofwater, as herein
made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District.
Upon cancellation of this water allotment Contract with the District, the District shall notify the Division of Water Resources
offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of all water use.
7. Additional Fees and Costs: Applicant agrees to defray any expenses incurred by the District in connection with the
allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water
rights and adjudication necessary to allow Applicant's use of such allotted water rights.
8. Assignment: This Contract shall not inure to the benefit of the heirs, successors or assigns of Applicant, without the
prior written consent of the Districts Board of Directors. Any assignment of Applicants rights under this Contract shall be subject to, and must
comply with, such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contract
obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for
individual and separate allotment Contracts. No assignment shall be recognized by the District except upon completion and filing ofproperforms for
assignment and change of ownership.
In the event the water allotted pursuant to this Contract is to be used for the benefit of land which is now or will subsequently be
subdivided or held in separate ownership, the Applicant may only assign the Applicant's rights hereunder to: 1) No more than three 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 Applicants 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 waterrights
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 penult obtained from the Colorado Division of
Water Resources.
Watering of livestock shall be restricted to Appli cant's domestic animals not to be used for commercial purposes unlessApplicant
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 awell, then Applicant must provide to District acopy ofApplicants
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 Districts 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 Applicants 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 engineeringadvice
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 Districts actual and reasonable costs and fees for Applicants 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 theDistrict is
caused additional costs because of objection filed specifically due to the inclusion of Applicant's Contract in the filing, such additional costs may be
charged specifically to Applicant and not shared on a pro -rata basis by all contractees.
20. Binding Agreement: This agreement shall not be complete nor binding upon the District unless attached hereto is the
form entitled "Application to Lease Water From West Divide Water Conservancy District" fully completed by Applicant and approved by the
District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. All correspondence from the
District to Applicant referring to or relating to this agreement is by this reference incorporated into this agreement as further terms and conditions of
this agreement.
21. Warning: TT 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 APPLICANT'S WELL OR OTPXR 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 WA 1 ER PROVIDED BY THE DISTRICT UNDER THIS CONTRACT MAY ONLY PROTECT APPLICANT'S WATER
RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER
SENIOR RIGHT. NO REPRESENTATION OTHERWISE IS MADE BY THE DISTRICT. IF THIS IS A CONCERN TO APPLICANT, THIS
CONTRACT MAY BE RESCINDED UPON WRITTEN NOTICE DELIVERED TO THE DISTRICT BY THE APPLICANT WITHIN THE NEXT
30 DAYS FOLLOWING THE AFFIXING OF SIGNATURES ON THIS CONTRACT IN WHICH EVENT ALL SUMS PAID BY APPLICANT
FOR THIS CONTRACT SHALL BE IMMEDIATELY REFUNDED TO APPLICANT.
Applicant Applicant
5
• •
STATE OF /10f p/-4do
) ss.
COUNTY OF fljarcield )
The foregoing instrument
&r/IS /r%CE
AMANDA B.
DUNN•
t
was acknowledged befo
STATE OF )
) ss.
COUNTY OF )
The foregoing instrument
day of
/%%.2tCil
. % [l} t0lbe4 seal. My commission expires:
Notary Public
was acknowledged before me on this day of , 20
, 20 D , by
f
, 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.
11ES :
WEST DIVIDE WATER CONSERVANCY DISTRICT
By
S4cretary
President
Date
This Contract includes and is subject to the terms and conditions of the following documents which must accompany this Contract:
1. Map showing location of point of diversion (use map provided)
2. Application and Data Form fully completed and signed
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
• •
DECLARATION OF PROTECTIVE COVENANTS
ZIEGLER SUBDIVISION EXEMPTION
THIS DECLARATION OF PROTECTIVE COVENANTS FOR THE ZIEGLER
SUBDIVISION EXEMPTION is made and entered into this day of
2008, by Peregrine 08 Investments LLC, a Colorado limited liability company, whose address is
0092 County Road 227, Rifle, Colorado 81650.
ARTICLE I
PURPOSE OF COVENANTS
This Declaration of Protective Covenants ("Declaration") shall govern and be applicable
to that certain real property situated in Garfield County, Colorado, known as the Ziegler
Subdivision Exemption ("Subdivision") consisting of four (4) lots ("Lots") as defined and
described in the Ziegler Subdivision Exemption Plat ("Final Plat") heretofore recorded on
, 2008, as Reception No. in the Office of the Clerk and Recorder of
Garfield County, Colorado. It is the purpose of this Declaration to create rules and a decision
making process to strengthen the community, to preserve the present natural beauty, character
and views of the Subdivision to the greatest extent reasonably possible, and to always protect the
Lots as much as possible with respect to uses, structures, landscaping and general development.
This Declaration shall be a burden upon and run with all the lands within the Subdivision.
ARTICLE II
OWNERS - HOMEOWNERS ASSOCIATION
A. Membership . All persons or other entities (including without limitation the
Declarant) who own or acquire all or part of the fee simple title to any of the Lots by whatever
means acquired shall be referred to herein as "Owners". Each person or entity who is the Owner
of a respective Lot, or if more than one, all persons and entities collectively who are the Owners
of a respective Lot shall automatically be considered to have, for each such Lot owned, one
membership interest in the Ziegler Subdivision Home Owners Association ("Association"), a
Colorado non-profit corporation, in accordance with the Articles of Incorporation of the
Association, which have been filed with the Colorado Secretary of State, as the same may be
duly amended from time to time and also filed with the Colorado Secretary of State. Each
Owner and Member shall be entitled to the privileges and obligations enumerated in this
Declaration and in the Articles of Incorporation and the Bylaws of the Association, as the same
now exist or as they may be amended from time to time.
B. Purpose . The Association shall be authorized and empowered to take each and
every step necessary or convenient for the implementation and enforcement of this Declaration.
The Association shall have the right and responsibility to maintain, preserve, repair and
otherwise protect and promote the interests of the Owners with respect to all common properties
and interests of the Owners and the Association. The Association shall maintain, repair, regulate
and keep all roads and easements within the Subdivision including any such roads dedicated to
the County of Garfield, Colorado in good, safe and usable condition to the extent that such may
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be reasonably necessary, feasible and desirable. The Association may enter into agreements with
third parties for the performance of the responsibilities of the Association above described. All
costs and expenses incurred by the Association in connection with any of the foregoing shall be
borne by the Members and shall be assessed, all as more fully provided herein.
ARTICLE III .
PERMITTED USES
A. Primary Dwelling Units. Only one (1) single-family dwelling unit shall be
permitted to be constructed on each Lot. The minimum size of a single-family dwelling shall be
two thousand (2,500) square feet, exclusive of basements, open porches, decks, carports and
garages. The maximum size of any single-family dwelling shall be nine thousand (9,000) square
feet, exclusive of basements, open porches, decks, carports and garages.
B. Outbuildings. Outbuildings including but not limited to, greenhouses, tool
sheds, work areas, and the like, are permitted on all Lots within the Subdivision; provided
however, that each garage shall be attached to a primary dwelling unit. The gross floor area of
any single Outbuilding shall not exceed one thousand two hundred (1,200) square feet, and the
total gross floor area of all Outbuildings on any single Lot shall not exceed two thousand two
hundred (2,200) square feet. No such Outbuilding shall exceed eighteen (18) feet in height at the
ridgeline.
D. Agricultural Uses. The raising and harvesting of crops, gardening, greenhouse,
nursery and orchard uses and activities shall be permitted within the Subdivision; provided
however, that any and all such agricultural uses and activities shall remain subject to all other
applicable provisions and restrictions of this Declaration, including but not limited to those
contained within Article V, Sections F and G governing the stabling, boarding and keeping of
animals and Article V Section H governing commercial uses.
E. Other Uses. The following identified Other Uses shall be permitted within the
Subdivision only upon the approval of the same by the Board of County Commissioners for
Garfield County, Colorado pursuant to the applicable provisions of the Garfield County Zoning
Regulations:
1. Arts and crafts studio
2. Home occupation
ARTICLE IV.
ARCHITECTURAL COMMITTEE
A. Architectural Committee. So long as the Declarant owns a Lot within the
subdivision, Declarant may from time to time, appoint and remove the members of the
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Architectural Committee in Declarant's sole discretion, and the Board of Directors of the
Association (the "Board of Directors") shall have no authority to remove any member so
appointed. Upon the sale of the last Lot owned by the Declarant, any new members of the
Architectural Committee shall be appointed by the Board of Directors of the Association. The
persons serving on the Architectural Committee shall serve at the pleasure of the Board of
Directors who may remove a member of the Architectural Committee and appoint a new member
at any time, provided there shall at all times be three (3) persons serving on the Architectural
Committee. The members of the Architectural Committee may also be directors of the
Association and need not be Owners. The Architectural Committee shall have and exercise all
the powers, duties and responsibilities set out in this instrument. The Architectural Committee
shall not be obligated to have regular meetings, but shall meet as necessary to conduct the
business of the Committee. All members of the Committee shall be provided at least ten (10)
days advance notice of all Committee meetings.
B. Approval by Architectural Committee. No improvements of any kind,
including, but not limited to, dwelling units, greenhouses, garages, tool sheds, work areas,
fences, walls, driveways, towers, antennae, satellite dishes, kennels, exterior lighting, corrals,
flagpoles, curbs and walks shall be constructed, erected, altered or permitted to remain within the
Subdivision unless the complete architectural and site development plans and specifications (and
such other items as are included in the "Plans" defined below) for such construction or alteration
are approved by the Architectural Committee prior to the commencement of such work, except
as Declarant may be specifically permitted to do by this Declaration or required to do by any
subdivision improvements agreement between the Declarant and Garfield County. Re -
vegetation of all in -fills and cuts will be required.
At least three (3) complete sets of the architectural and site development plans
and specifications (collectively "Plans") shall be submitted to the Architectural Committee. All
copies of the Plans shall be signed and dated for identification by the Owner or his architect.
The Architectural Committee shall have the right to request whatever additional specification
information, plans, specifications, reports and the like it deems necessary to evaluate the
development proposal throughout the approval and construction process. In addition, the
Architectural Committee may adopt rules and regulations which shall specify additional
information, reports, plans, specifications and the like required to be submitted to the
Architectural Committee and to be deemed part of the Plans for all purposes hereunder. In the
event the Architectural Committee fails to take any action within thirty (30) days after three (3)
copies of the Plans have been submitted to it and the submittal has been certified in writing by
the Architectural Committee as complete, then all of such submitted architectural plans shall be
deemed to be approved. The Architectural Committee shall not unreasonably disapprove any
Plans. The majority vote of the full number of members of the Architectural Committee then in
office shall be required for any approvals described herein.
C. Improvements — Site Location. All structures or improvements shall be
constructed within the approved building envelopes depicted on the Final Plat.
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D. Building Permit. An Owner may apply for a building permit from the Garfield
County Building department at any time; provided, however, that the Plans approved by the
Building Department shall not differ in any substantial way from the Plans approved by the
Architectural Committee. If the plans approved by the Building Department differ in any
substantial way as determined by the Architectural Committee, then all approvals of the
Architectural Committee shall be deemed automatically revoked.
E. Variances. Unless specifically prohibited by a provision of this Declaration, the
Architectural Committee may, by an affirmative vote of a majority of the full numbers of
members of the Architectural Committee then in office, allow reasonable variances as to any of
the covenants and restrictions governing architectural control contained in this Declaration
and/or policies or rules promulgated by the Architectural Committee, on such terms and
conditions as it shall require. No variance shall be granted which contravenes any provision of
this Declaration which was required by an approval obtained by Declarant from Garfield County
for the Subdivision or which violates the Garfield County Land Use and Building Codes. No
variance shall be granted without written notice of the request for such variance provided ten
(10) days prior to the hearing for said variance to all Owners. Notice to such Owners shall be
deemed effective when placed in the United States mail, first-class postage prepaid, certified
with return receipt requested, and addressed to the last known address for each Owner as
provided to the Association.
F. General Requirements. The Architectural Committee shall exercise its best
judgment to see that all improvements and alterations within the Subdivision harmonize (to the
greatest extent possible) with the natural surroundings within the Subdivision and with other
structures and improvements within the Subdivision as to design, materials, color, siting, height,
grade, finished ground elevation of neighboring lots, established drainage and other design
features.
1. Materials. The Architectural Committee shall evaluate, among other things, the
materials and colors to be used on the outside of buildings or structures, and the harmony
of finished grade and floor elevation with the natural surroundings contained within the
Subdivision.
2. Site Location. The Architectural Committee shall exercise its judgment to
preserve the natural characteristics of each Lot including trees, vegetation, and the natural
setting of each building site. The Architectural Committee shall evaluate the relationship
of any proposed structure or improvement to topography, the view sheds of and
relationships to other existing or potential structures and improvements in the
Subdivision.
G. Preliminary Approvals. Owners who anticipate constructing or modifying
structures or improvements on a Lot may submit preliminary sketches or plans therof to the
Architectural Committee for informal and preliminary approval or disapproval. All preliminary
sketches should be submitted in at least three (3) sets and should contain sufficient general
information on those matters required to be in the complete Plans to allow the Architectural
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Committee to act intelligently in giving an informed preliminary approval or disapproval. The
Architectural Committee shall never be committed or bound by any preliminary or informal
approval or disapproval. The preliminary approval process is offered as an accommodation only,
and the Architectural Committee may set fees for this service.
H. Architectural and Site Development Plans. The Architectural Committee shall
disapprove any Plans submitted to it which do not contain sufficient information for it to exercise
the judgment required of it by this Declaration.
I. Architectural Committee Not Liable. Neither the Architectural Committee nor
any member thereof shall be liable for damages to any person or entity submitting any Plans for
approval, or to any Owner or Owners, by reason of any action, failure to act, approval,
disapproval or failure to approve or disapprove with regard to such Plans. Neither the
Architectural Committee nor any member thereof shall have any liability or responsibility for
any representations made to any Owner or prospective Owner by any third parties. The
decisions of the Architectural Committee shall be governed by this Declaration and any rules or
regulations duly adopted by the Architectural Committee pursuant to this Declaration.
J. Written Records. The Architectural Committee shall keep and safeguard for at
least five (5) years complete permanent written records of all approved applications, including
one (1) set of the finally approved Plans, and of all actions of approval or disapproval and all
other formal actions taken by it under the provisions of this Declaration.
K. Authority to Promulgate Rules and Regulations. The Architectural Committee
may promulgate and adopt rules and regulations necessary to implement this Declaration. These
rules and regulations may include submission requirements concerning the type of information,
reports, plans and specifications, and other information necessary to make an informed decision
regarding requests for development, alterations and the like.
ARTICLE V .
RESTRICTIONS AND PROTECTIVE COVENANTS
A. No Further Subdivision. No Lot shall ever be further subdivided into smaller
lots or conveyed or encumbered in less than the full dimensions as shown on the recorded Final
Plat; provided however, that conveyances or dedications or easements, if approved by the
Architectural Committee, may be made for less than the full dimensions of a Lot.
Notwithstanding the foregoing, a lot line adjustment between two (2) Lots shall be allowed,
subject, however, to any reviews or approvals that may be required by the Garfield County Land
Use Code and the prior approval of the Architectural Committee.
B. Duplexes/Multi-Family Structures. Duplexes and multi -family structures are
prohibited in the Subdivision.
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C. Fencing. Fencing shall be restricted throughout the Subdivision to facilitate
wildlife movements, optimize habitat availability, and reduce wildlife mortality. If peripheral
fencing of a Lot is required to restrict domestic livestock grazing on adjacent properties, fencing
shall employ a natural color.
Wood rail fencing which is used it shall not exceed forty-two (42) inches in height and
twelve (12) inches in width (top view), and an opening in the lower one-half ('/) of at
least sixteen (16) inches to allow passage of deer fawns and elk calves.
1. Owners shall be permitted a privacy fence, exceeding forty-two (42) inches in
height with no openings, to enclose up to two thousand five hundred (2,500) square feet,
providing it is immediately adjacent to the residential unit and is contained entirely
within the respective Lot's building envelope.
2. If security fencing is required such fencing shall not be more than seven (7) feet
in height and must be so constructed that wildlife movement between and through the
Subdivision and the Lots is not lost or impaired.
D. Lighting. All exterior lighting shall be directed downward and towards the
applicant's property. The Architectural Committee will also recommend that all Owners make
every effort possible to limit the use of exterior lighting at night and shall encourage Owners to
build in such a fashion that all light sources not be directly visible from outside of the Owners'
respective Lot. The intent behind these considerations is to preserve the rural character of the
Subdivision by limiting exterior lighting as much as possible while maintaining a safe
atmosphere.
Domestic Animals. Except as expressly limited herein, domestic animals such as
dogs, cats, rabbits, caged birds and fish shall be permitted subject to any rules and regulations,
which may be promulgated by the Board of Directors.
Owners shall be entitled to keep dogs on their property pursuant to the following
restrictions and limitations and subject to any additional rules and regulations which may be
romulgated by the Association:
1. In conformance with the Garfield County Subdivision Regulations, no more than
one dog, excluding puppies under the age of fifteen (15) weeks, shall be kept by any
Owner at any time upon any one (1) Lot; provided however, that in the event that
Garfield County amends the above identified Subdivision Design Standard to allow the
keeping of more than one (1) dog per Lot, this provision shall automatically be amended
to incorporate said increase.
2. Dogs shall be kept under the control of their Owners at all times and shall not be
permitted to fun free or to cause a nuisance in the Property. No dogs shall be allowed
beyond the boundaries of the Lot owned by the person(s) where the dog is housed unless
leashed and accompanied by a person in full control of such dog.
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3. Dogs shall not be allowed to bark continuously, which shall be defined as barking
for a continuous fifteen (15) minute period, including successive barks or a series of
barks which repeat or resume following a brief or temporary cessation.
4. When not accompanied by a person, all dogs shall be leashed, chained, "electric
fenced," or kenneled. The location of kennels shall be subject to review of the
Architectural Committee.
5. All dogs shall be kept reasonably clean, and all Lots shall be free of refuse and
animal waste.
6. Should any dog chase or molest deer, elk or any domestic animals or persons, or
destroy or disturb property of another, the Association shall be authorized to prohibit the
Owner or any tenant, invitee, event, guest or other user of a Lot from continuing to
maintain the offending animal on his property and may take any action necessary to
remove the offending animal from the Subdivision. The offending dog owner shall be
provided written notice of such action at least two (2) days before removal occurs.
Within such two (2) day period, the offending dog shall be kenneled at a licensed kennel.
All charges associated with action taken by the Association may be assessed against
either the Owner and/or the dog owner, or both, at the Association's sole option.
1 7. Notwithstanding the foregoing, no animal may be kept upon a Lot which, in the
sole discretion and judgment of the Executive Board results in any annoyance or is
obnoxious to other Owners within the Subdivision.
F. Horses. The open pasturing of horses shall be permitted within the Subdivision;
however, no more than (2) horses may be kept on any (1) Lot.
G. Ranch and Farm Animals. Ranch or farm animals including but not limited to,
attle, llamas, goats, pigs, and sheep shall be permitted within the Subdivision for the purpose of
allowing the participation by Lot Owners and the members of their families in 4-1-1, Future
Farmers of America or such other similar programs only. All such ranch or farm animals shall
-4\ .e at all times properly penned or corralled within the respective Lot Owner's Lot and shall not
in • y event be allowed to remain within the Subdivision for a time period greater than one (1)
4 year.
H. Underground Utility Lines. All water, sewer, gas, electrical, telephone, cable
television and other utility pipes or lines within the limits of Subdivision shall be buried
underground and not be carried on overhead poles or above the surface of the ground. Any areas
of natural vegetation or terrain in the Subdivision disturbed by the burying of utility lines shall be
re -vegetated by and at the expense of the respective Owners causing the installation of the
utilities no later than the next growing season following installation.
I. Service Yards and Trash. Equipment, service yards or storage piles on any Lots
shall be permitted during the time periods during which construction activities are ongoing.
Otherwise, no lumber, metals, equipment or bulk materials shall be kept, stored or allowed to
accumulate outside on any Lot unless the same are appropriately screened from the views of
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other Lot Owners. All scraps, refuse and trash shall be removed from all Lots, shall not be
allowed to accumulate and shall not be burned thereon.
J. No Mining, Drilling or Quarrying. Mining, quarrying, tunneling, excavating or
drilling for any other substances within the earth, including oil, gas, minerals, gravel, sand, rock
and earth, shall not be permitted within the limits of the Subdivision.
K. K. Domestic Water Wells. Domestic water service for Lots 2, 3 and 4 shall
be provided by that water well permitted under Well Permit No. 67672-F as that well is
augmented under West Divide Water Allotment Contract No. 070419EastDZ(a), which Well
Permit and Water Allotment Contract shall be assigned by the Declarant to the Association
the filing of this Declaration in the records of the Clerk
and Recorder for Garfield County, olorado. At all times each Owner and the Association shall
abide by and comply with the terms, conditions and provisions contained within the Well Permit
and Water Allotment Contract. ,By execution hereof the Association is granted the authority and
imposed the obligation to accept said assignment of the Well Permit and Water Allotment
Contract.
The Association shall be respons
e, operation, repair and
replacement of the Water Well, inclups and appurtenant facilities, and
for the timely payment of all fees, chargesn s imposed by the West Divide Water
Conservancy District under the Water Allotment Contract. All such expenses, fees, charges and
assessments shall constitute an Assessment(s) as defined under Article VII, Infra., as against Lots
2, 3 and 4 and the Association, as to all such Assessments shall be conferred all the rights,
powers and duties set forth within said Article VII. All such Assessments shall be levied against
ots 2, 3 and 4, pro rata.
The Association instant to the performance of its duties and responsibilities hereinabove
stated shall be entitled to access all areas and properties encompassed within the Water Well and
Pipeline Easement more fully described within the Final Plat.
In the event the Association should fail to perform any of the duties hereinabove set forth,
he Owners, individually or collectively shall have the authority, following the provision of
imely notice to the Association, to perform or have performed said duties in the place and stead
f the Association. In the event of a health hazard or cessation of service, "timely notice" as set
forth hereinabove shall be deemed to constitute no more than twenty-four (24) hour advance oral
notice. All costs incurred by said Owner or Owners shall be reimbursed thereto by the
Association pursuant to the Assessment procedures set forth within Article VII.
Domesti service to Lot 1 shall be provided by that water well permitted under
Well Permit N . as augmented under West Divide Water Allotment Contract Ns.d.
; which Well P and Water Allotment Contract shall be assigned by the Declarant to t -
Owner upon the sale or transfer of Lot 1 by the Declarant. At all times thereafter, the Owner of
Lot 1, individually, shall be responsible for the operation, maintenance, repair and replacement
of the Water Well, including all water lines, pumps and appurtenant facilities, and all fees,
charges and assessments imposed by the West Divide Water Conservancy District under the
Water Allotment Contract.
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40
L. Primary Access. Primary access to the Subdivision from State Highway 6&24 is
along the private driveway dedicated to the association under the Final Plat. The costs of
maintaining the said private driveway shall be borne exclusively by the Association in
accordance with the provisions of this Declaration.
M. Hunting. Hunting shall be prohibited within the Subdivision. In the event of
conflict with wildlife on a Lot, the Owner shall contact the Colorado Division of Wildlife to
determine appropriate measures to mitigate the conflict. Wildlife which constitutes a nuisance
may only be removed or destroyed upon the approval of the Association and only in a manner
approved by the Colorado Division of Wildlife.
N. Trash Containers. All trash or garbage shall be contained within containers
certified as bear -proof by the North American Bear Society, the National Park Service or the
Colorado Division of Wildlife; provided however, that a Lot Owner may use trash or garbage
containers which do not meet the certifications above described so long as:
1. Said container(s) is placed outside no earlier than the morning of the scheduled
day of for trash collection by the Owner's waste service provider; and
2. Said container(s) is returned to the dwelling structure on the same day of
collection by the Owner's waste service provider.
O. Damage Waiver. The Association and the Lot Owners hereby waive and shall
hold the Colorado Division of Wildlife harmless from any and all claims for damages to
landscaping improvements or ornamental plants located within the subdivision resulting from the
activities of big game (deer and/or elk).
P. Removal of Carcasses. The Association and Owners shall be responsible for the
removal and proper disposal of all animal carcasses located within the Subdivision.
Q. Penalties/Wildlife Restrictions. The Association shall assess and enforce
penalties against Lot Owners violating any of the wildlife restrictions set forth in this Article V.
as follows: One Hundred Dollars ($100.00) for the first violation committed by the Lot Owner;
Two Hundred Dollars ($200.00) for the second violation: Three Hundred Dollars ($300.00) for
the third violation: and for each succeeding violation the fine shall increase in One Hundred
Dollar ($100.00) increments. The dollar amounts of the fines may be changed upon the approval
of the Association.
ARTICLE VI .
RESTRICTIONS ON LOTS
A. Number and Location of Buildings. No buildings or improvements of any kind
shall be placed, erected, altered or permitted to remain on any Lots except as approved by the
Architectural Committee.
B. Completion of Construction. Any construction activity on any Lot shall be
completed and fully cleaned up within eighteen (18) months from the issuance of a building
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permit, unless the Owner of the Lot shall first obtain a variance from the Architectural
Committee to allow for a longer period of construction upon proof of due diligence. In the event
a variance is not secured and eighteen (18) months from issuance of a building permit has
passed, the Board of Directors may assess penalties in the amount of $100.00 per day. Owners
shall obtain all required certification of acceptance for residential dwelling within eighteen (18)
months of the issuance of building permits unless a variance extending such time period is issued
by the Architectural Control Committee.
C. Used or Temporary Structures. Except within an enclosed garage, no used or
previously erected or temporary house, structure, mobile home, manufactured home, or trailer
shall be located within the Subdivision. The foregoing prohibition shall not apply to
construction trailers which shall be permitted for eighteen (18) months from the date of
commencement of construction or until the issuance of a Certificate of Occupancy, whichever
first occurs; provided, however, construction trailers may only be used for construction, office
and storage purposes and shall not be occupied as a residence for any period of time.
D. Enclosure of Unsightly Facilities and Equipment. All unsightly structures,
facilities, equipment and other items, including, but not limited to, those specified below, shall
be enclosed within a solid structure sufficient to screen such things from view from the common
roads and neighboring homes to the greatest extent possible. Any motor home, trailer, camper,
recreational vehicle, boat, truck, tractor, motorcycle, all terrain vehicle, snow removal or garden
equipment and any similar items shall be kept at all times, except when in actual use, in an
enclosed garage. Any propane or other fuel storage tanks shall be appropriately screwed on, in
accordance with all applicable governmental rules and regulations. Any storage piles, refuse or
trash containers, utility meters or other facilities, shall be enclosed within a structure or
appropriately screened from view by plantings or fencing approved by the Architectural
Committee and adequate to conceal the same from neighbors, streets and private roads.
E. Noxious or Offensive Activity or Sounds. No noxious or offensive activity or
sounds shall be carried on upon any portion of the Subdivision at any time, nor shall anything be
done or permitted which may be or become a nuisance to other property or to the Owners
thereby sight or sound, provided that the Board of Directors may authorize the use of sound and
sound devices to control or manage wildlife, livestock or domestic animals.
F. Air Quality Restrictions. In order to protect against the degradation which
occurs to air quality as a result of the utilization of wood -burning devices, the following
restrictions apply:
1. No open-hearth solid fuel fireplaces will be allowed anywhere within the
Subdivision.
2. All dwelling units within the Subdivision will be allowed an unrestricted number
of natural gas burning fireplaces or appliances.
3. All dwelling units within the Subdivision will be allowed one (1) new wood -
burning stove as defined by Colorado Revised Statutes 25-7-401 et seq., and the
regulations promulgated thereunder.
Q:1Z\Ziegler, Don\Subdivision Exemption\LRATION OF PROTECTIVE COVENANTS Draft 41.
1
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or
G. Firearms. The discharge or shooting of firearms is prohibited in the Subdivision
except as may be permitted by rules and regulations adopted by the Board of Directors.
H. Commercial Activities. Neither the conduct of any commercial activities nor the
storage of materials, goods, equipment and other items used or associated with commercial
activities shall be permitted on any Lot; provided, however, that personal vehicles with a
business name placed thereon shall not be prohibited and Owners shall be permitted to maintain
an office on their respective Lots so long as services are not provided which result in the public
coming to such Lot on a regular basis. Home occupation shall be allowed within a Lot so long as
the respective Owner thereof obtains all required Conditional Use permit approvals from
Garfield County, Colorado.
1. General Restriction. All Lots shall comply with restrictions contained in any
other section of this Declaration. The Board of Directors may adopt, promulgate and enforce
rules, regulations necessary or advisable to implement or interpret the provisions of this
Declaration.
ARTICLE VII.
COLLECTION OF ASSESSMENTS — ENFORCEMENT
A. Assessments. All Owners shall be obligated to pay any assessments lawfully
imposed by the Board of Directors. To the extent the Association is responsible therefor,
assessments may be lawfully imposed for any items of common expense which may include,
among other things: expenses and costs of maintaining, repairing and plowing of roads within
and accessing the Subdivision, expenses of the Architectural Committee; insurance, accounting
and legal functions of the Association and all costs incurred by the Association pursuant to
Article V, Section K. The Board of Directors may establish contingency and reserve funds
necessary to satisfy the maintenance of the Association's obligations and to fund any other
anticipated costs and expenses of the Association to be incurred in pursuit of its purposes.
Contingency and reserve funds shall be in such an amount as the Board of Directors may deem
necessary and appropriate for the aforesaid purposes. Each Owner shall be required to pay his
pro -rata portion of these funds. As used herein, an Owner's pro -rata portion of common
expenses shall mean a fraction formed by the number of Lots purchased and held by the Owner
(numerator) and the number of Lots in the Subdivision (denominator). The Board of Directors
shall have the right during any calendar year to levy and assess against all of the Owners a
special assessment for such purposes or purposes, in accordance with this Declaration, the
Articles or the Bylaws of the Association, as may be necessary or advisable. Such special
assessment shall be paid for by the Owner(s) obligated to pay such assessment and shall be due
and payable as determined by the Board of Directors.
B. Lien for Nonpayment of Assessments. All sums assessed by the Board of
Directors, any fines which may be levied on an Owner, and unpaid utility fees and assessments
charged to an Owner, shall constitute a lien against such Lot superior (prior) to all other liens and
encumbrances, excepting only:
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1. Tax and special assessment liens on the Lots in favor of any governmental
assessing unit; and
2. All sums unpaid on a first mortgage of record, including any unpaid obligatory
sums as may be provided by encumbrance.
Each Owner hereby agrees that the Association's lien on a Lot for assessments as
herein above described shall be superior to the homestead exemption provided by Colorado
Revised Statutes §38-410-201, et seq., and each Owner hereby agrees that the acceptance of the
deed or other instrument of conveyance in regard to any Lot shall signify such grantee's waiver
of the homestead right granted in 'said section of the Colorado statutes.
Any recorded lien for non-payment of the common expenses may be released by
recording a release of lien executed by a member of the Board of Directors.
If any assessment shall remain unpaid after thirty (30) days after the due date
thereof, such unpaid sums shall bear interest from and after the due date thereof at the maximum
rate of interest permitted by law, or at such rate as is determined by the Board of Directors, and
the Board of Directors may impose a late charge on such defaulting Owner as may be established
by the Board of Directors. In addition, the Board of Directors shall be entitled to collect
reasonable attorneys' fees incurred in connection with any demands for payment and/or
collection of delinquent assessments. To evidence such lien, the Board of Directors shall prepare
a written notice setting forth the amount of such unpaid indebtedness, the name of the of the Lot
and its legal description. Such a notice shall be signed by one (1) member of the Board of
Directors and shall be recorded in the Office of the Clerk and Recorder of the County of
Garfield, Colorado. Such lien may be enforced by foreclosure of the defaulting Owner's Lot by
the Association in like manner as a mortgage on real property upon the recording of a notice of
claim thereof. In any such foreclosure, the Owner shall be required to pay the costs and
expenses of such proceedings, the costs and expenses for filing the notice or claim of lien, and all
reasonable attorneys' fees. The Owner shall also be required to pay to the Association any
additional assessments against the Lot during the period of foreclosure, and the Association shall
be entitled to the appointment of a receiver to collect the same. The Board of Directors of the
Association shall have the power to bid on the Lot at a foreclosure sale and acquire and hold,
lease, mortgage and convey the same. The Association, at its election, and in addition to any
other remedies it may have at law or in equity, may also sue an Owner personally to collect any
monies owed the Association.
C. Enforcement Action. The Association, acting by and through its Board of
Directors, shall have the right to prosecute any action to enforce the provisions of all of this
Declaration by injunctive relief, on behalf of itself and all or part of the Owners. In addition,
each Owner and the Association shall have the right to prosecute any action for injunctive relief
and for damages by reason of any violation of this Declaration. The prevailing party in any
enforcement action shall be entitled to an award of its reasonable costs and attorneys' fees. The
Board of Directors shall be entitled to assess penalties for late payment of assessments due the
Association and to collect interest thereon at rates to be determined from time to time by the
Board of Directors but not to exceed one and one-half percent (11/2%) per month. After thirty
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•
(30) days written notice to any Owner of a violation of this Declaration and the Owner's failure
to eliminate or cure said violation, the Association may levy, in addition to the other remedies set
forth herein, a penalty of up to One Hundred Dollars ($100.00) per day for every day the
violation exists or continues after the expiration of said thirty (30) day period.
D. Limitations on Actions. In the event any construction, alteration or landscaping
work is commenced upon any of the Lots in violation of this Declaration and no action is
commenced within one (1) year thereafter to restrain such violation, then injunctive or equitable
relief shall be denied, but an action for damages shall still be available to any party aggrieved.
This one (1) year limitation shall not apply to injunctive or equitable relief against other
violations of this Declaration.
ARTICLE VIII.
RESERVED EASEMENTS
A. Easements Shown on Final Plat. The Association is entitled to use such
easements as are reflected on the Final Plat for the Subdivision. The Association shall have no
obligation to pay any amount for the use and enjoyment of such easements. The Association
shall pay for the cost of maintaining and repairing any improvements, which it places on any
easements.
B. Easements for Utilities, Access and Repairs. There are hereby reserved unto
Declarant (so long as the Declarant owns a Lot within the Subdivision, the Association, and the
designees of each (which may include, without limitation, Garfield County, Colorado and any
utility company) easements upon, across, over and under all of the Lots, with the exception of
the building envelope, to the extent reasonably necessary for the purpose of installing, replacing,
repairing, and maintaining water wells and all pipes and appurtenances thereto cable television
systems, master television antenna systems, security and similar systems, roads, walkways,
bicycle pathways, drainage systems, irrigation systems, street lights, signage, and all utilities,
including, but not limited to, meter boxes, telephone, gas and electricity. The foregoing
easements may traverse the private property of any Owner; provided, however, an easement shall
not entitle the holders to construct or install any of the foregoing systems, facilities, or utilities
over, under or through any existing dwelling on a Lot or building envelope as shown on the Plat,
and any damage to a Lot resulting from the exercise of an easement shall be reasonably repaired
by, and at the expense of, the Person exercising the easement. The exercise of an easement shall
not unreasonably interfere with the use of any Lot and, except in any emergency, entry onto any
Lot shall be made only after reasonable notice to the Owner or occupant.
Declarant specifically reserves the right to convey to the electric company, natural
gas supplier and cable television or communications systems supplier and any other utility
supplier an easement across any portion of the Subdivision for ingress, egress, installation,
reading, replacing, repairing and maintaining utility meters and boxes. However, the exercise of
this easement shall not extend to permitting entry into the dwelling on the Lot, nor shall any
utilities be installed or relocated on any Lot, except as approved by the Association or Declarant.
Should any entity furnishing a service covered by the general easement herein
provided request a specific easement by separate recordable document, the Association or
Declarant shall have the right to grant such specific, descriptive easement over the Subdivision
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Property without conflicting with the terms hereof. The easements provided for in this Article
shall in no way adversely affect any other recorded easement on the Property. The Owner of a
Lot subject to such easement shall cooperate with Declarant and the Association and take all
actions, including, without limitation, executing any documents evidencing such descriptive
easement as reasonably requested by the Association or Declarant.
ARTICLE IX.
INSURANCE
A. Types of Insurance. The Association may obtain and keep in full force and
effect the following insurance coverage:
1. Fidelity coverage against the dishonesty of employees, destruction or disappearance of
money or securities, and forgery. This policy shall also cover persons who serve the Association
without compensation.
2. Coverage for members of the Board of Directors and officers of the Association,
including committee members, against libel, slander, false arrest, invasion of privacy, errors and
omissions, and other forms of liability generally covered in officers and directors liability
policies.
3. General liability and property insurance.
4. Coverage against such other .risks of a similar or dissimilar nature as the Board of
Directors deems appropriate.
ARTICLE X.
GENERAL PROVISIONS
A. Declaration to Run. All of the covenants, conditions and restrictions contained in this
Declaration shall be a burden on the title to all of the lands in the Subdivision, the benefits
thereof shall inure to the Owners, and the benefits and burdens of all said covenants, conditions
and restrictions shall run with the title to all of the lands in the Subdivision.
B. Termination of Declaration. In the event this Declaration has not been sooner
lawfully terminated pursuant to any applicable laws of the State of Colorado and Garfield
County, Colorado, and the provisions herein contained, this Declaration may be terminated on
January 1, 2032, by a majority vote of the votes entitled to be cast by the Members of the
Association at a meeting of the members duly held. If this Declaration is not so terminated, then
it shall continue to be in full force and effect for successive twenty-five (25) year periods unless,
at the close of a twenty-five (25) year period, this Declaration is terminated by a majority vote of
the votes entitled to be cast by the members of the Association at a meeting of the Members duly
held. In the event of any such termination by the members, a properly certified copy of the
resolution of termination shall be placed on record in Garfield County, Colorado, not more than
six (6) months after the meeting at which such vote is cast.
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\D TION OF PROTECTIVE COVENANTS Draft #1.
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40 •
C. Amendment of Declaration. This Declaration may be amended by a majority
vote of the votes entitled to be cast by the Members of the Association, said vote to be cast at a
meeting of the Members duly held, provided a properly certified copy of the resolution of
amendment be placed on record in Garfield County, Colorado, no more than six (6) months after
said meeting.
D. Severability. Should any part or parts of this Declaration be declared invalid or
unenforceable by any court of competent jurisdiction, such decision shall not affect the validity
of the remaining provisions of this Declaration.
E. Paragraph Headings. The paragraph headings within this Declaration are for
convenience only and shall not be construed to be a specific part of the terms hereof.
F. Limited Liability. The Association and Board of Directors shall not be liable to
any part for any action or for any failure to act with respect to any matter if the action taken or
failure to act was in good faith without malice. The Owners severally agree to indemnify the
Association and the Board of Directors against loss resulting from such action or failure to act if
the Association and the Board of Directors acted or failed to act in good faith and without
malice.
IN WITNESS WHEREOF, this Declaration of Protective Covenants for Ziegler
Subdivision Exemption has been executed as of the date and year first written above.
DECLARANT:
Peregrine 08 Investments, LLC, a Colorado limited
liability company
Don Ziegler, Manager
STATE OF COLORADO )
) ss.
COUNTY OF Garfield )
The foregoing instrument was acknowledged and sworn to before me this day of
, 2008, by the Don Zielger, Manager for Peregrine 08 Investments,
Declarant.
WITNESS my hand and official seal. My Commission expires:
Notary Public
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STATE OF MaORADO
Region 3 Traffic Section
222 S. Sixth St., Room 100
Grand Junction, Colorado 81501
(970) 683-6284 Fax:(970) 683-6290
November 17, 2008
MCIIIIMEIMINEEMOMM
i
DEPARTMENT OF TRANSPORTATION
Tim Thulson
818 Colorado Avenue
Glenwood Springs, CO 81601
RE: State Highway Access Permit No. 308123, Located on Highway 006, Milepost 96.88,
in Garfield County.
Dear Permittee or Applicant:
The Colorado Department of Transportation (CDOT) has received your signed permit and
application fee. A copy of the issued permit enclosed. The next step in the CDOT access
permitting process is for you (Applicant) to obtain a Notice to Proceed (NTP). Failure to obtain
an approved Notice to Proceed prior to any construction will be a violation of the State
Highway Access Code (2 CCR 601-1,"the Code") § 2.4.
Notice to Proceed Information
Well in advance of construction, the Applicant shall request a NTP in writing along with
submitting other items, such as construction drawings, specifications, and other required
documents to CDOT. The Applicant must submit a complete packet of this information to
CDOT with their written request. If the Applicant chooses not to request the NTP, the permit
expires pursuant to subsection 2.3(11)(d).
CDOT has seven days to determine if the NTP submittal is complete for review and then notify
the applicant of any deficiencies. If complete, CDOT will review and comment on the submitted
information within 30 -days. If CDOT determines the information is unacceptable, missing, or in
need of correction, the Applicant shall correct their submittal and resubmit the complete request
for NTP.
Once resubmitted, CDOT will review the revised NTP documents within 10 -days. If the revised
documents are satisfactory, CDOT will issue a NTP. If further corrections are necessary, the
cycle of submittal, review and comments will repeat itself until approval is granted and the NTP
is issued.
The request for NTP shall include the following documents, along with any other items specified
in the Terms and Conditions of your permit:
1) Cover Letter Requesting a NTP (include firm name, PE name and contact number)
2) Traffic Control Plan (3 copies)
The traffic control plan must be:
A. Consistent with CDOT Standard Plans Manual for Maintenance and Signing
B. Consistent with the MUTCD
C. Prepared by individual with American Traffic Safety Services Association (ATSSA)
or Colorado Contractors Association certification — or sealed (stamped) by a
Colorado registered professional engineer
D. Acceptable to CDOT prior to any construction within the right-of-way
E. Presented in a manner that provides a method of handling traffic (MHT) for each
different phase of construction. The MHT will describe proposed construction
phasing and will include dimensioned diagrams of work zone elements.
The final traffic control plan must be submitted a minimum of three working days in
advance of construction. Such plans may be revised as necessary with CDOT
concurrence.
3) Insurance Liability Certification
The Applicant or contractor shall be required to provide a comprehensive general liability
and property damage insurance naming CDOT as an additional insured party, in the
amounts of not less than $1,000,000 per occurrence and automobile liability insurance of
$1,000,000 combined single limit bodily injury and property damage for each accident,
during the period of access construction.
4) Complete Construction Plans
The Applicant shall provide two copies of 11" x 17" construction plans and specifications
for the proposed improvements. The plans shall:
A. Address, as applicable, geometry, drainage, striping, signing, and signalization
B. Include, but not limited to, layout of the access, highway improvements, utility
locations, present and proposed drainage, present and proposed right-of-way lines,
present and proposed traffic control devices, and clear zone analysis
C. Sealed by a Colorado Professional Engineer in accordance with CRS 12-25-117
D. Conform to the requirement of the permit terms and conditions
E. Include the following statement on the cover page of the plans: "This design is in full
compliance with Section 4 of the State Highway Access Code, 2 CCR 601-1 except for
the following approved design waivers:"
Feel free to contact me with any questions you might have.
Respectfully,
Dan Roussin
Region 3 Access Manager
1 CDOT Permit No.
1
COLORADO DEPARTMENT OWRANSPORTATION w
308123
STATE HIGHWAY ACCESS PERMIT
State Highway No/Mp/Side
006 D / 96.880 / L
Permit fee
$100.00
Date of transmittal
9/18/2008
Region/Section/Patrol
3 / 02 / 10-2 Alen Hayes
Local Jurisdiction
Garfield County
The Permittee(s); Applicant; Ref No.:
Peregrine 08 Investments Tim Thulson
Don Ziegler
0092 County Road 227 818 Colorado Avenue
Rifle, CO 81650 Glenwood Springs, CO 81601
970-379-1280 970-945-6546
is hereby granted permission to have an access to the state highway at the location noted below. The access shall be constructed, maintained and used in
accordance with this permit, including the State Highway Access Code and any attachments, terms, conditions and exhibits. This permit may be revoked
by the issuing authority if at any time the permitted access and its use violate any parts of this permit. The issuing authority, the Department and their duly
appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of
the permit.
Location: Located on the north side of Hwy 6, a distance of 300 feet west of Hwy 97. 2700 feet east of CR 277 (Miller Road)
Access to Provide Service to: (Land Use Code:j (Size or Count) (Units)
210 - Single -Family Detached Housing (4 units) 4 DHV
Additional Information:
Please review additonal terms and conditions.
MUNICIPALITY OR COUNTY APPROVAL
Required only when the appropriate local authority retains issuing authority.
Signature
Print Name
Title
Date
Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments
herein. All construction shall be completed in an expeditious and safe manner and shall be finished within
Initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit
being used.
The permittee shall notify D'Wavne Gavmon with the Colorado Department of Transportation in
Grand Junction, Colorado at (970) 683-3355, at least 48 hours prior to commencing construction within
the State Highway right-of-way.
The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and
accept the permit and its terms and conditions.
contained
45 days from
prior to
have full authority to
Permittee e - -
Print Name
) y) 2-t tE Lt�
Date
/�/e 0
This permit is not valid until signed by a duly authorized representative of the Department.
COLORADO DEPARTMENT OF TRANSPORTATION
Signa/tur j �� Prl t Name q p r-
< ix�—`-�k� �(.r c,u 1r1 '�
Tide
%i ✓lh1 1� z1 l�hl►fr-�i
Date (of issue) •
Date
/�J/ �r ^�
T`U
I t d rna not be used
Copy Distribution:
Required:
1.Region
2.Appiicant
Make copies as necessary for:
3.Staff Access Section Local Authority Inspector
4.Central Files MTCE Patrol Traffic Engineer
revi
y
Page 1 of 3 CDOT Form #101 5/07
State Highway Access Permit
Form 101, Page 2
The following paragraphs are excerpts of the State Highway
Access Code. These are provided for your convenience but
do not alleviate compliance with all sections of the Access
Code. A copy of the State Highway Access Code is
available from your local issuing authority (local government)
or the Colorado Department of Transportation (Department).
When this permit was issued, the issuing authority made its
decision based in part on information submitted by the
applicant, on the access category which is assigned to the
highway, what alternative access to other public roads and
streets is available, and safety and design standards.
Changes in use or design not approved by the permit or the
issuing authority may cause the revocation or suspension of
the permit.
APPEALS
1. Should the permittee or applicant object to the denial of
a permit application by the Department or object to any of
the terms or conditions of a permit placed there by the
Department, the applicant and permittee (appellant) have a
right to appeal the decision to the [Transportation]
Commission [of Colorado]. To appeal a decision, submit a
request for administrative hearing to the Transportation
Commission of Colorado within 60 days of transmittal of
notice of denial or transmittal of the permit for signature.
Submit the request to the Transportation Commission of
Colorado, 4201 East Arkansas Avenue, Denver, Colorado
80222-3400. The request shall include reasons for the
appeal and may include changes, revisions, or conditions
that would be acceptable to the permittee or applicant.
2. Any appeal by the applicant or permittee of action by a
local issuing authority shall be filed with the local authority
and be consistent with the appeal procedures of the local
authority.
3. In submitting the request for administrative hearing, the
appellant has the option of including within the appeal a
request for a review by the Department's internal
administrative review committee pursuant to [Code]
subsection 2.10. When such committee review is requested,
processing of the appeal for formal administrative hearing,
2.9(5) and (6), shall be suspended until the appellant notifies
the Commission to proceed with the administrative hearing,
or the appellant submits a request to the Commission or the
administrative law judge to withdraw the appeal. The two
administrative processes, the internal administrative review
committee, and the administrative hearing, may not run
concurrently.
4. Regardless of any communications, meetings,
administrative reviews or negotiations with the Department
or the internal administrative review Committee regarding
revisions or objections to the permit or a denial, if the
permittee or applicant wishes to appeal the Department's
decision to the Commission for a hearing, the appeal must
be brought to the Commission within 60 days of transmittal
of notice of denial or transmittal of the permit.
PERMIT EXPIRATION
1. A permit shall be considered expired if the access is not
under construction within one year of the permit issue date
or before the expiration of any authorized extension. When
the permittee is unable to commence construction within one
year after the permit issue date, the permittee may request a
one year extension from the issuing authority. No more than
two one-year extensions may be granted under any
circumstances. If the access is not under construction within
three years from date of issue the permit will be considered
expired. Any request for an extension must be in writing and
submitted to the issuing authority before the permit expires.
The request should state the reasons why the extension is
necessary, when construction is anticipated, and include a
copy of page 1 (face of permit) of the access permit.
Extension approvals shall be in writing. The local issuing
authority shall obtain the concurrence of the Department
prior to the approval of an extension, and shall notify the
Department of all denied extensions within ten days. Any
person wishing to reestablish an access permit that has
expired may begin again with the application procedures. An
approved Notice to Proceed, automatically renews the
access permit for the period of the Notice to Proceed.
CONSTRUCTION
1. Construction may not begin until a Notice to Proceed is
approved. (Code subsection 2.4]
2. The construction of the access and its appurtenances
as required by the terms and conditions of the permit shall
be completed at the expense of the permittee except as
provided in subsection 2.14. All materials used in the
construction of the access within the highway right-of-way or
on permanent easements, become public property. Any
materials removed from the highway right-of-way will be
disposed of only as directed by the Department. All fencing,
guard rail, traffic control devices and other equipment and
materials removed in the course of access construction shall
be given to the Department unless otherwise instructed by
the permit or the Department inspector.
3. The permittee shall notify the individual or the office
specified on the permit or Notice to Proceed at least two
working days prior to any construction within state highway
right-of-way. Construction of the access shall not proceed
until both the access permit and the Notice to Proceed are
issued. The access shall be completed in an expeditious and
safe manner and shall be finished within 45 days from
initiation of construction within the highway right-of-way. A
construction time extension not to exceed 30 working days
may be requested from the individual or office specified on
the permit.
4. The issuing authority and the Department may inspect
the access during construction and upon completion of the
access to ensure that all terms and conditions of the permit
are met. Inspectors are authorized to enforce the conditions
of the permit during construction and to halt any activities
within state right-of-way that do not comply with the
provisions of the permit, that conflict with concurrent
highway construction or maintenance work, that endanger
highway property, natural or cultural res es protected by
law, or the health and safety of workers or the public.
5. Prior to using the access, the permittee is required to
complete the construction according to the terms and
conditions of the permit. Failure by the permittee to abide by
all permit terms and conditions shall be sufficient cause for
the Department or issuing authority to initiate action to
suspend or revoke the permit and close the access. If in the
determination of the Department or issuing authority the
failure to comply with or complete the construction
requirements of the permit create a highway safety hazard,
such shall be sufficient cause for the summary suspension
of the permit. If the permittee wishes to use the access prior
to completion, arrangements must be approved by the
issuing authority and Department and included in the permit.
The Department or issuing authority may order a halt to any
unauthorized use of the access pursuant to statutory and
regulatory powers. Reconstruction or improvement of the
access may be required when the permittee has failed to
meet required specifications of design or materials. If any
construction element fails within two years due to improper
construction or material specifications, the permittee shall be
responsible for all repairs. Failure to make such repairs may
result in suspension of the permit and closure of the access.
6. The permittee shall provide construction traffic control
devices at all times during access construction, in
conformance with the M.U.T.C.D. as required by section 42-
4-104, C.R.S., as amended.
7. A utility permit shall be obtained for any utility work
within highway right-of-way. Where necessary to remove,
relocate, or repair a traffic control device or public or private
utilities for the construction of a permitted access, the
relocation, removal or repair shall be accomplished by the
permittee without cost to the Department or issuing
authority, and at the direction of the Department or utility
company. Any damage to the state highway or other public
right-of-way beyond that which is allowed in the permit shall
be repaired immediately. The permittee is responsible for the
repair of any utility damaged in the course of access
construction, reconstruction or repair.
8. in the event it becomes necessary to remove any right-
of-way fence, the posts on either side of the access shall be
securely braced with an approved end post before the fence
is cut to prevent any slacking of the remaining fence. All
posts and wire removed are Department property and shall
be turned over to a representative of the Department.
9. The permittee shall ensure that a copy of the permit is
available for review at the construction site at all times. The
permit may require the contractor to notify the individual or
office specified on the permit at any specified phases in
construction to allow the field inspector to inspect various
aspects of construction such as concrete forms, subbase,
base course compaction, and materials specifications. Minor
changes and additions may be ordered by the Department
or local authority field inspector to meet unanticipated site
conditions.
10. Each access shall be constructed in a manner that shall
not cause water to enter onto the roadway or shoulder, and
shall not interfere with the existing drainage system on the
right-of-way or any ted municipal system and drainage
plan.
11. By accepting the permit, permittee agrees to save,
indemnify, and hold harmless to the extent allowed by law,
the issuing authority, the Department, its officers, and
employees from suits, actions, claims of any type or
character brought because of injuries or damage sustained
by any person resulting from the permittee's use of the
access permit during the construction of the access.
CHANGES IN ACCESS USE AND PERMIT VIOLATIONS
1. It is the responsibility of the property owner and
permittee to ensure that the use of the access to the
property is not in violation of the Code, permit terms and
conditions or the Act. The terms and conditions of any permit
are binding upon all assigns, successors -in -interest, heirs
and occupants. If any significant changes are made or will
be made in the use of the property which will affect access
operation, traffic volume and or vehicle type, the permittee or
property owner shall contact the local issuing authority or the
Department to determine if a new access permit and
modifications to the access are required.
2. When an access is constructed or used in violation of
the Code, section 43-2-147(5)(c), C.R.S., of the Act applies.
The Department or issuing authority may summarily
suspend an access permit and immediately order closure of
the access when its continued use presents an immediate
threat to public health, welfare or safety. Summary
suspension shall comply with article 4 of title 24, C.R.S.
MAI NTENANCE
1. The permittee, his or her heirs, successors -in -interest,
assigns, and occupants of the property serviced by the
access shall be responsible for meeting the terms and
conditions of the permit, the repair and maintenance of the
access beyond the edge of the roadway including any cattle
guard and gate, and the removal or clearance of snow or ice
upon the access even though deposited on the access in the
course of Department snow removal operations. Within
unincorporated areas the Department will keep access
culverts clean as part of maintenance of the highway
drainage system. However, the permittee is responsible for
the repair and replacement of any access -related culverts
within the right-of-way. Within incorporated areas, drainage
responsibilities for municipalities are determined by statute
and local ordinance. The Department will maintain the
roadway including auxiliary lanes and shoulders, except in
those cases where the access installation has failed due to
improper access construction and/or failure to follow permit
requirements and specifications in which case the permittee
shall be responsible for such repair. Any significant repairs
such as culvert replacement, resurfacing, or changes in
design or specifications, requires authorization from the
Department.
Form 101, Page 3
STATE HIGHWAY ACCESS PERMIT 308123
Located on Highway 006A near RP 96.880 Left
Issued to Peregrine 08 Investments Inc.
TERMS AND CONDITIONS
September 16, 2008
1. This permitted access is only for the use and purpose stated in the Application and Permit.
This Permit is issued in accordance with the State Highway Access Code (2 CCR 601-1), and
is based in part upon the information submitted by the Permittee. Any subsequent relocation,
reconstruction, or modifications to the access or changes in the traffic volume or traffic nature
using the access shall be requested for by means of a new application. Any changes causing
non-compliance with the Access Code may render this permit void, requiring a new permit.
2. This permit replaces any and all additional access permits that may be in existence. All other
State Highway access to the properties owned by Donald Ziegler (Peregrine 08 Investments,
LLC) shall be removed.
3. This access is for 4 single family residences.
4. If the properties redevelop in the commercial activities, then the access shall be off CR 277
(Miller Lane).
5. This access shall be constructed 20-30 feet wide with turning radii to accommodate the
minimum turning radius of the largest vehicle or 35 foot, whichever is greater.
6. An 18 -inch minimum culvert with flared end treatments shall be required for this access. The
culvert shall be kept free of blockage to maintain proper flow and drainage.
7. The access shall be constructed perpendicular to the travel lanes of the State Highway for a
minimum distance of 40 feet from the edge of roadway. Side slopes shall be at a 4:1 slope on
the roadway. The roadway shall slope away from the highway at a -2% grade for the first 20
feet of driveway. This design shall be in conformance with section 4 of the State Highway
Access Code, 2CCR 601-1.
8. Materials, Placing and Compaction of Driveway: Unless the applicant has approval from the
Access Manager which may state otherwise, the following will be required for driveway
construction. As a minimum the materials for this driveway shall include; Sub -base: class 3
gravel placed in 6 inch lifts, Base: 6 inches of class 6 gravel in two 3 -inch lifts, Surface: 4
inches of pavement in two 2 inch lifts. Compaction of the subgrade, embankments and backfill
shall comply with section 203.08 of the Colorado Highway Standard Specifications for Road
and Bridge Construction.
9. The access shall be surfaced in accordance with Section 4.7 of the Access Code immediately
upon completion of earthwork construction and prior to use. This access shall be hard
surfaced in accordance with Section 4.7 of the Access Code a minimum distance of 20feet
from the traveled way or to the CDOT Right -of -Way. Where the hard surface is to abut
existing pavement, the existing pavement shall be saw cut and removed a minimum of one
foot back from the existing edge for bituminous, or until an acceptable existing cross slope is
achieved. Surfacing shall meet the Department's specifications with minimum surfacing to be
equal to or greater than existing highway conditions.
10. A Notice to Proceed, CDOT Form 1265, is required before beginning construction on the
access or any activity within the highway Right -of -Way. To receive the Notice to Proceed the
applicant shall submit a complete packet to CDOT with the following items:
(a) A cover letter requesting a Notice to Proceed, and the intended date to begin construction.
STATE HIGHWAY ACCES ERMIT 308123
Located on Highway 006A near RP 96.880 Left
Issued to Peregrine 08 Investments Inc.
TERMS AND CONDITIONS (cont.)
September 16, 2008
(b) Construction Plans Stamped (11"x 17" with a minimum scale of 1" = 50') by a Colorado
Registered Professional Engineer in full compliance with the State Highway Access Code
The plan shall provide:
i) Plan view with driveway dimensions - turn radius, width, slope, gates, etc.
ii) Typical road section - existing and proposed sub base, base, pavement, and shoulder
dimensions.
iii) Centerline profile of the access/Hwy connection showing depths, driveway slope, etc.
(c) Certificate of Insurance Liability as per Section 2.3(11)(i) of the State Highway Access
Code.
(d) A certified Traffic Control Plan in accordance with Section 2.4(6) of the Access Code. The
Traffic Control Plan shall provide accessibility features to accommodate all pedestrians
including persons with disabilities for all pathways during construction.
11. No drainage from this site shall enter onto the State Highway travel lanes. The Permittee is
required to maintain all drainage in excess of historical flows and time of concentration on site.
All existing drainage structures shall be extended, modified or upgraded, as applicable, to
accommodate all new construction and safety standards, in accordance with the Department's
standard specifications.
12. Open cuts, which are at least 4 inches in depth, within 30 feet of the edge of the State
Highway traveled way, will not be left open at night, on weekends, or on holidays, or shall be
protected with a suitable barrier per State and Federal Standards.
13. Nothing in this permit shall prohibit the chief engineer from exercising the right granted in CRS
43-3-102 Including but not limited to restricting left hand turns by construction of physical
medial separations.
14. The Permittee is responsible for obtaining any necessary additional Federal, State and/or
City/County permits or clearances required for construction of the access. Approval of this
access permit does not constitute verification of this action by the Permittee. Permittee is also
responsible for obtaining all necessary utility permits in addition to this access permit.
15. All workers within the State Highway right of way shall comply with their employer's safety and
health policies/procedures, and all applicable U.S. Occupational Safety and Health
Administration (OSHA) regulations - including, but not limited to the applicable sections of 29
CFR Part 1910 - Occupational Safety and Health Standards and 29 CFR Part 1926 - Safety
and Health Regulations for Construction. Personal protective equipment (e.g. head protection,
footwear, high visibility apparel, safety glasses, hearing protection, respirators, gloves, etc.)
shall be worn as appropriate for the work being performed, and as specified in regulation.
16. The Permittee shall provide accessibility features to accommodate all pedestrians including
persons with disabilities for all pathways during and after construction.
17. The permittee is required to comply with the Americans with Disabilities Act Accessibility
Guidelines (ADAAG) that have been adopted by the U.S. Architectural and Transportation
Barriers Compliance Board (Access Board), and incorporated by the U.S. Attorney General as
a federal standard. These guidelines are defining traversable slope requirements and
prescribing the use of a defined pattern of truncated domes as detectable warnings at street
STATE HIGHWAY ACCESS PERMIT 308123
Located on Highway 006A near RP 96.880 Left
Issued to Peregrine 08 Investments Inc.
TERMS AND CONDITIONS (cont.)
September 16, 2008
crossings. The new Standards Plans and can be found on the Design and Construction
Project Support web page at: http://www.dot.state.co.us/DesignSupport/, then click on Design
Bulletins.
18. When it is necessary to remove any highway right-of-way fence, the posts on either side of the
access entrance shall be securely braced with approved end posts and in conformance with
the Department's M-607-1 standard, before the fence is cut, to prevent slacking of the
remaining fence. All materials removed shall be returned to the Department.
19. It shall be the responsibility of the Permittee to maintain adequate sight distance for this
driveway. Trimming of vegetation or trees to maintain adequate sight distance is the sole
responsibility of the permittee.
20. Any damage to present highway facilities including traffic control devices shall be repaired
immediately at no cost to the Department and prior to continuing other work.
21. During access construction no construction personnel vehicles will be permitted to park in the
state highway right-of-way.
22. If the access has a gate across it, the gate shall be set back far enough from the highway so
that the longest vehicle using it can clear the roadway when the gate is closed.
23. Any mud or other material tracked or otherwise deposited on the roadway shall be removed
daily or as ordered by the Department inspector. If mud is an obvious condition during site
construction, it is recommended that the contractor build a Stabilized Construction Entrance or
Scrubber Pad at the intended construction access to aid in the removal of mud and debris from
vehicle tires. The details of the Stabilized Construction Entrance is found in the M & S
Standards Plan No. M-208-1.
24. A fully executed complete copy of this permit and the Notice to Proceed must be on the job
site with the contractor at all times during the construction. Failure to comply with this or any
other construction requirement may result in the immediate suspension of work by order of the
Department inspector or the issuing authority.
25. No work will be allowed at night, Saturdays, Sundays and legal holidays without prior
authorization from the Department. The Department may also restrict work within the State
Highway right-of-way during adverse weather conditions.
26. The access shall be completed in an expeditious and safe manner and shall be completed
within 45 days from initiation of construction within State Highway right-of-way or in
accordance with written concurrence of the Access Manager. All construction shall be
completed in a single season.
27. AH costs associated with any type of utility work will be at the sole responsibility and cost of the
permittee and at no cost to CDOT.
28. Areas of roadway and/or right-of-way disturbed during this installation shall be restored to their
original conditions to insure proper strength and stability, drainage and erosion control.
Restoration shall meet the Department's standard specifications for topsoil, fertilization,
mulching, and re -seeding.
29. Upon the completion of the access and prior to any use as allowed by this permit, the applicant
shall notify the Access Manager by certified mail within 10 days to request a final inspection.
• •
STATE HIGHWAY ACCESSERMIT 308123
Located on Highway 006A near RP 96.880 Left
Issued to Peregrine 08 Investments Inc.
TERMS AND CONDITIONS (cont.)
• September 16, 2008
This request shall include certification that all materials and construction have been completed
in accordance with all applicable Department Standards and Specifications; and that the
access is constructed in conformance with the State Highway Access Code, 2 CCR 601-1,
including this permit. The engineer of record as indicated on the construction plans, shall be
present for this inspection. The access serviced by this permit may not be opened to traffic
until written approval has been given from the CDOT Access Manager.
COLORADO DEPARTMENT OF TRANSPORTATION
Environmental Clearances Information Summary
PURPOSE - This summary is intended to inform entities external to CDOT that may be entering the state highway right-of-way to
perform work related to their own facilities (such as Utility, Special Use or Access Permittees), about some of the more commonly
encountered environmental permits/clearances that may apply to their activities. This listing is not all-inclusive - additional
environmental or cultural resource permits/clearances may be required in certain instances. Appropriate local, state and federal
agencies should be contacted for additional information if there is any uncertainty about what permits/clearances are required for a
specific activity. IMPORTANT — Please Review The Following Information Carefully — Failure to Comply With Regulatory
Requirements May Result In Suspension or Revocation of Your CDOT Permit, Or Enforcement Actions By Other Agencies
CLEARANCE CONTACTS - As indicated in the permit/clearance descriptions listed below, the following individuals or agencies
may be contacted for additional information:
• Colorado Department of Public Health and Environment (CDPHE) — General Information — (303) 692-2035
Water Quality Control Division (WQCD) (303) 692-3500
Environmental Permitting Website http://www.cdphe.state.co.us/permits.asp.
• CDOT Water Quality Program Manager; Rick Willard (303) 757-9343
• CDOT Asbestos Project Manager; Julia Horn (303) 512-5519
• Colorado Office of Archaeology and Historic Preservation: (303) 866-3395
• U.S. Army Corps of Engineers, District Regulatory Offices
Omaha District (NE Colorado), Denver Office (303) 979-4120 htto://www.nwo.usace.armv.mil/html/od-tl/tri-lakes.html
Sacramento Dist. (Western CO), Grand Junction Office (970) 243-1199 http://www.spk.usace.armv.mil/cespk-co/regulatory/
Albuquerque District (SE Colorado), Pueblo Reg. Office (719)-543-6915 http://www.spa.usace.armv.mil/reg/
• CDOT Utilities, Special Use and Access Permitting: (303) 757-9654 http://www.dot.state.co.us/Permits/
Ecological Resources — Disturbance of wildlife shall be avoided to the maximum extent practicable. Entry into areas of known or
suspected threatened or endangered species habitat will require special authorization from the CDOT permitting office. If any
threatened or endangered species are encountered during the progress of the permitted work, work in the subject area shall be halted
and the CDOT Regional Permitting Office and Regional Planning and Environmental Manager shall be contacted immediately.
Authorization must be provided by CDOT prior to the continuation of work. Information about threatened or endangered species may
be obtained from the CDOT website http://www.dot.state.co.us/environmental/Wildlife/Guidelines.asp, or the Colorado Division of
Wildlife website http://wildlife.state.co.us/WiidlifeSpecies/SpeciesOfConcern/. Additional guidance may be provided by the Regional
Permitting Office in the Permit Special Provisions.
Cultural Resources — The applicant must request a file search of the permit area through the Colorado Office of Archaeology and
Historic Preservation (OAHP), Denver, to ascertain if historic or archaeological resources have previously been identified. Inventory of
the permit area by a qualified cultural resources specialist may be necessary, per the recommendation of OAHP and/or CDOT. If
archaeological or historical artifacts are encountered during the progress of the permitted work, work in the subject area shall be
halted and the CDOT Regional Permitting Office and Regional Planning and Environmental Manager shall be contacted immediately.
Authorization must be provided by CDOT prior to the continuation of work. Additional guidance may be provided by the Regional
Permitting Office in the Permit Special Provisions. Contact Information Contact the OAHP at (303) 866-3395.
General Prohibition — Discharges - All discharges are subject to the provisions of the Colorado Water Quality Control Act and the
Colorado Discharge Permit Regulations. Prohibited discharges include substances such as wash water, paint, automotive fluids,
solvents, oils or soaps. Contact Information: Contact the CDOT Water Quality Program Manager at (303) 757-9343, or the
Colorado Department of Public Health and Environment, Water Quality Control Division (WQCD) at (303) 692-3500.
General Authorization - Allowable Non-Stormwater Discharges - Unless otherwise identified by CDOT or the WQCD as significant
sources of pollutants to the waters of the State, the following discharges to stormwater systems are allowed without a Colorado
Discharge Permit System permit: landscape irrigation, diverted stream flows, uncontaminated ground water infiltration to separate
storm sewers, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs,
footing drains; water line flushing, flows from riparian habitats and wetlands, and flow from fire fighting activities. Contact
Information: The CDOT Water Quality Program Manager or the CDPHE Water Quality Control Division (telephone #'s listed above).
Hazardous Materials, Solid Waste - The Solid Wastes Disposal Sites and Facilities Act C.R.S. 30-20-100, et al, and Regulations
Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), prohibit solid waste disposal without an approved Certificate
of Designation (a landfill permit). The Colorado Hazardous Waste Act C.R.S. 25-15-301 et al, and the Colorado Hazardous Waste
Regulations (6 CCR 1007-3) prohibit the transfer, storage or disposal (TSD) of hazardous waste except at permitted TSD sites. There
are no permitted landfills or TSD sites within the State Highway Right of Way. Therefore, all solid or hazardous wastes that might be
generated by the activities of entities entering the State Highway Right of Way must be removed from the ROW and disposed of at a
permitted facility or designated collection point (e.g., for solid waste, a utility or construction company's own dumpster). If pre-existing
solid waste or hazardous materials contamination (including oil or gasoline contaminated soil, asbestos, chemicals, mine tailings, etc.)
is encountered during the performance of work, the permittee shall halt work in the affected area and immediately contact the CDOT
Regional Permitting Office for direction as to how to proceed. Contact Info: Contact the CDOT/CDPHE Liaison at (303)757-9787.
AIM- /11111,
Environmental Clearances Information Summary
Page 1 of 3
Colorado Depart of Transportation
November '07
Asbestos Containing Materials, Asbestos Contaminated Soil — All work on asbestos containing materials (ACM) must comply with
the applicable requirements of the CDPHE Air Pollution Control Division's (APCD) Regulation 8. Disposal of ACM, and work done in
asbestos -contaminated soil, must comply with the CDHPE Hazardous Materials and Waste Management Division's (HMWMD) Solid
Waste Regulations. The application for any CDOT permit must specifically identify any ACM involved in the work for which
authorization is being requested. Additional guidance or requirements may be specified in the permit special provisions. Contact
Info: CDPHE APCD and HMWMD Regulations can be accessed via the CDPHE Environmental Permitting Website listed above.
Additional information concerning clearance on CDOT projects is available from Julia Horn, CDOT Asbestos Project Manager (303)
512-5519, or Theresa Santangelo-Dreiling, Property Management Supervisor (303) 512-5524.
Construction Stormwater Permit; Stormwater Discharge From Industrial Facilities - Discharges of stormwater runoff from
construction sites disturbing one acre or more - or certain types of industrial facilities - requires a CDPS Stormwater Permit. Contact
Information: For Utility/Special Use activities being performed in conjunction and coordination with a CDOT highway construction
contract, please contact the CDOT Water Quality Program Manager at (303) 757-9343. Otherwise, contact the CDPHE Water Quality
Control Division at (303) 692-3500. Website: http://www.cdphe.state.co.us/wq/PermitsUnit/wocdomt.html
Construction Dewatering (Discharge or Infiltration) — Discharges of water encountered during excavation or work in wet areas
may require a Construction Dewatering Discharge Permit. Contact Information: For Construction Dewatering Discharge Permits,
contact the CDPHE WQCD at (303) 692-3500. Website:http://www.cdphe.state.co.us/wg/PermitsUnit/wgcdpmt.html
Minimal Industrial Discharge Permit — Discharges of small quantities of wastewater or wastewater requiring minimal treatment,
such as that resulting from hydrostatic testing or certain wash waters, may require a Minimal Industrial Discharge Permit ("MINDI").
Contact Info: Contact the CDPHE WQCD at (303) 692-3500. Website: http://www.cdphe.state.co.us/wq/PermitsUnit/wgcdpmt.html
Municipal Separate Storm Sewer System (MS4) Discharge Permit — Discharges from the storm sewer systems of larger
municipalities, and from the CDOT highway drainage system that lies within those municipalities, are subject to MS4 Permits issued
by the CDPHE WQCD. For facilities that lie within the boundaries of a municipality that is subject to a MS4 permit, the owner of such
facility should contact the municipality regarding stormwater related clearances that may have been established under that
municipality's MS4 permit. All discharges to the CDOT highway drainage system must comply with the applicable provisions of the
Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations, and are subject to inspection by the CDOT and
the CDHPE. Contact Information: Contact the CDPHE Water Quality Control Division at (303) 692-3500 for a listing of municipalities
required to obtain MS -4 Permits, or go to http://www.cdphe.state.co.us/wo/PermitsUnit/wgcdpmt.html#MunicipalFarmsGuidance.
Discharge of Dredged or Fill Material — 404 Permits Administered By the U.S. Army Corps of Engineers, and Section 401
Water Quality Certifications Issued by the CDPHE WQCD - Corps of Engineers 404 Permits are required for the discharge of
dredged or fill materials into waters of the United States, including wetlands. There are various types of 404 Permits, including
Nationwide Permits, which are issued for activities with relatively minor impacts. For example, there is a Nationwide Permit for Utility
Line Activities (NWP #12). However, depending upon the specific circumstances, it is possible that either a "General" or "Individual"
404 permit would be required. If an Individual 404 Permit is required, Section 401 water quality certification from the CDPHE WQCD
is also required. Contact Information: Contact the appropriate Corps District Regulatory Office for information about what type of 404
permit may be required (information provided at top of ECIS). Contact the CDPHE Water Quality Control Division at (303) 692-3500.
Erosion and Sediment Control Practices - For activities requiring a Construction Stormwater Permit, erosion control requirements
will be specified through that permit. In those situations where a stormwater permit is not required, all reasonable measures should be
taken in order to minimize erosion and sedimentation. In either case, the CDOT Stormwater Quality and Erosion Control Guide (2002)
should be used to design erosion controls. Contact Information: The CDOT Stormwater Quality and Erosion Control Guide may be
obtained from the Bid Plans Office at 303 757-9313 or from: htt•://www.dot.state.co.us/environmental/envWaterQual/w•ms4.as.
Disposal of Drilling Fluids - Drilling fluids used in operations such as Horizontal Directional Drilling may be classified as "discharges"
or "solid wastes", and in general, should be pumped or vacuumed from the construction area, removed from the State Highway Right
of Way, and disposed of at permitted facilities that specifically accept such wastes. Disposal of drilling fluids into storm drains, storm
sewers, roadside ditches or any other type of man-made or natural waterway is prohibited by Water Quality Control and/or Solid
Waste regulations. Small quantities of drilling fluid solids (less than 1 cubic yard of solids) may be left on-site after either being
separated from fluids or after infiltration of the water, provided: 1) the drilling fluid consists of only water and bentonite clay, or, if
required for proper drilling properties, small quantities of polymer additives that are approved for use in drinking water well drilling; 2)
the solids are fully contained in a pit, and are not likely to pose a nuisance to future work in the area, 3) the solids are covered and the
area restored as required by CDOT permit requirements (Utility, Special Use, or Access Permits, etc.). Contact Information:
Contact the CDOT / CDPHE Liaison or CDOT Water Quality Program Manager.
Concrete Washout - Waste generated from concrete activities shall NOT be allowed to flow into the drainage ways, inlets, receiving
waters, or in the CDOT ROW. Concrete waste shall be placed in a temporary concrete washout facility. Concrete washout shall only
be performed as specified by the CDOT Environmental Program and shall be in accordance to CDOT specifications and guidelines.
Contact Information: Contact the CDOT Water Quality Program Manager at (303) 757-9343.
Spill Reporting - Spills shall be contained and cleaned up as soon as possible. Spills shall NOT be washed down into the storm
drain or buried. All spills shall be reported to the CDOT Illicit Discharge Hotline at (303) 512-4446 (4H20), as well as the Regional
Permitting Office and Regional Maintenance Supervisor. Spills on highways, into waterways, or that may otherwise present an
Colorado Department of Transportation Novemoer ur
Environmental Clearances Information Summary Paae 2 of 3
immediate danger to the public shall be reported by calling 911, and shall also be reported to the CDPHE at 1-(877)-518-5608.
Transportation of Hazardous Materials - No person may offer or accept a hazardous material for transportation in commerce unless
that person is registered in conformance with the United States Department of Transportation regulations at 49 CFR, Part 171. The
hazardous material must be property classed, described, packaged, marked, labeled, and in condition for shipment as required or
authorized by applicable requirements, or an exemption, approval or registration has been issued. Vehicles requiring a placard, must
obtain authorization and a State HAZMAT Permit from the Colorado Public Utilities Commission. Contact Information: For
authorization and more info call the Federal Motor Safety Carrier Administration, US DOT for inter- and intra -state HAZMAT
Registration (303) 969-6748. Colorado Public Utilities Commission: (303) 894-2868.
Paleontology - The applicant must request a fossil locality file search through the University of Colorado Museum, Boulder, and the
Denver Museum of Nature and Science to ascertain if paleontological resources have been previously identified. Inventory of the
permit area by a qualified paleontologist may be necessary, per the recommendation of CDOT. If fossils are encountered during the
permitted work, all work in the subject area shall be halted and the CDOT Regional Permitting Office and Regional Planning and
Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work.
Additional guidance may be provided by the Regional Permitting Office in the Permit Special Provisions. Contact Information:
Contact the CDOT Paleontologist at (303) 757-9632.
Working on or in any stream or its bank - In order to protect and preserve the state's fish and wildlife resources from actions that
may obstruct, diminish, destroy, change, modify, or vary a natural existing stream or its banks or tributaries, it may be necessary to
obtain a Senate Bill 40 certification from the Colorado Department of Natural Resources. A stream is defined as 1) represented by a
solid blue line on USGS 7.5' quadrangle maps; and/or 2) intermittent streams providing live water beneficial to fish and wildlife; and/or
3) segments of streams supporting 25% or more cover within 100 yards upstream or downstream of the project; and/or 4) segments of
streams having wetlands present within 200 yards upstream or downstream of the project. The Colorado Division of Wildlife (CDOW)
application, as per guidelines agreed upon by CDOT and CDOW, can be accessed at
www.dot.state. co. us/environmental/wildlife/permitapplication.asp.
About This Form - Questions or comments about this Information Summary may be directed to Dahir Egal, CDOT Safety & Traffic
Engineering, Utilities Unit, at (303) 757-9344, dahir.egal(adot.state.co.us
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ZIEGLER SUBDIVISION EXEMPTION
IMPROVEMENTS AGREEMENT
THIS IMPROVEMENTS AGREEMENT ("Agreement") is made and entered into this
day of , 2009, by and between PEREGRINE 08
INVESTMENTS, LLC, a Colorado limited liability company, whose address is 0092 County
Road 227, Rifle, CO 81650 ("Owner") and the BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO, acting for the County of Garfield, State of Colorado, as a
body politic and corporate, directly or through its authorized representatives and agents
("BOCC").
WHEREAS, Owner is the owner and developer that parcel of real property located in
Garfield County, Colorado and known as the Ziegler Subdivision Exemption ("Subdivision
Exemption");
WHEREAS, on June 16 17, 2008, the BOCC, by Resolution No. 2008-_ ("Resolution of
Approval"), divided by exemption those four single-family lots more particularly described
within Ziegler Subdivision Exemption plat filed in the records of the Clerk and Recorder for
Garfield County, Colorado on , 2009 as Reception No.
("Exemption Plat");
WHEREAS, as a condition precedent to the approval and execution of the Exemption
Plat as submitted to the BOCC for approval, Owner wishes to enter into this Agreement with the
BOCC for the purpose of securing completion of construction of the roadway improvements set
forth therein; and
WHEREAS, Owner has agreed to execute and deliver to the BOCC collateral or other
security in a form satisfactory to the BOCC to secure and guarantee Owner's performance under
this Agreement and has agreed to certain restrictions and conditions regarding the sale of
properties and issuance of building permits and certificates of occupancy within the Subdivision,
all as more fully set forth below.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein, the parties agree as follows:
1. EXEMPTION PLAT APPROVAL. The BOCC hereby accepts and approves
the Exemption Plat, on the date set forth above, subject to the terms and conditions of this
Agreement, the Resolution of Approval hereinabove stated and any other governmental or quasi -
governmental regulations applicable to the Subdivision Exemption.
2. OWNER'S PERFORMANCE. Owner shall cause to be constructed and
installed those roadway improvements more particularly described within Exhibit A hereto
("Improvements"), at its own expense, including the payment of all fees required by the County
and/or other governmental and quasi -governmental entities with regulatory jurisdiction over the
Subdivision Exemption. The Improvements shall be completed on or before the end of the first
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full year following execution of this Agreement, i.e., 20_
(completion date), in compliance with the following:
a. The plans for the Improvements attached hereto as Exhibit A as approved by the
Colorado Department of Transportation under Owner's State Highway Access Permit No.
308123; the estimated of cost of completion of the Improvements, certified by and bearing the
stamp of Owner's professional engineer licensed in the State of Colorado ("Owner's Engineer"),
attached hereto as Exhibit B; and all other documentation required to be submitted along with the
Final Plat under pertinent sections of the Garfield County subdivision and zoning regulations
("Final Plat Documents");
b. All requirements of the Resolution of Approval;
c. All laws, regulations, orders, resolutions and requirements of the State of
Colorado, Garfield County, and all special districts and any other governmental or quasi -
governmental authority(ies) with jurisdiction; and
d. The provisions of this Agreement.
The BOCC agrees that if all Improvements are installed in accordance with
subparagraphs 2 (a) through 2 (d), above; the record drawings to be submitted upon completion
of the Improvements as detailed in paragraph 3 (c), below; and all other requirements of this
Agreement, then the Owner shall be deemed to have satisfied all terms and conditions of the
Resolution of Approval with respect to the installation thereof.
3. SECURITY FOR IMPROVEMENTS.
a. Letter of Credit. As security for Owner's obligation to complete the
Improvements, Owner shall deliver to the BOCC, on or before the date of recording of the Final
Plat of the Subdivision with the Garfield County Clerk and Recorder, one or more Letters of
Credit in the form agreed to be acceptable to the BOCC, attached hereto as Exhibit C, or such
other form of security as may be deemed acceptable to the BOCC as provided in paragraph 3 (g),
below. The LOC(s) shall be in the amount of $31,180.00, representing the full estimated cost of
completing the Improvements, including a sufficient contingency to cover cost changes,
unforeseen costs and other variables (not less than 10% of the estimated costs and as approved
by the BOCC).
b. LOC Requirements. The LOC(s) required by this Agreement shall be issued by a
state or national banking institution acceptable to the BOCC. If the institution issuing the
LOC(s) is not licensed in the State of Colorado and transacting business within the State of
Colorado, the LOC(s) shall be "confirmed" within the meaning of the Uniform Commercial
Code, Letters of Credit, §4-5-101 et seq., C.R.S., as amended, by a bank that is licensed to do
business in the State of Colorado, doing business in Colorado, and acceptable to the BOCC. The
LOC(s) shall be valid for a minimum of six (6) months beyond the completion date for the
Improvements set forth herein. If the time for completion of Improvements is extended by a
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written amendment to this Agreement, the time period for the validity of the LOC(s) shall be
similarly extended by the Owner. For each six (6) month extension, the face amount of the
LOC(s), at the sole option of the BOCC, shall be subject to recertification of cost of completion
by Owner's Engineer and review by the BOCC for a possible increase in the face amount of the
LOC, in order to assure sufficiency of the amount of security to allow possible completion of the
Improvements by the BOCC under terms of this Agreement. Additionally, should the LOC(s)
become void or unenforceable for any reason, including bankruptcy of the Owner or the financial
institution issuing or confirming the LOC, prior to the BOCC's approval of Owner's Engineer's
certification of completion of the Improvements, this Agreement shall become void and of no
force and effect and the Exemption Plat shall be vacated pursuant to the terms of this Agreement.
c. Partial Releases of Security. Owner may request partial release(s) of the LOC(s)
by means of submission to the Building and Planning Department of a "Written Request for
Partial Release of LOC," in the form attached hereto as Exhibit "D," accompanied by the
Owner's Engineer's Certificate of Partial Completion of Improvements, stamped by Owner's
Engineer. The Owner's Engineer's seal shall certify that the Improvements have been
constructed in accordance with the requirements of this Agreement, including all provisions of
the Resolution of Approval. The BOCC shall authorize successive releases of portions of the
face amount of the LOC(s) as portions of the Improvements are certified as complete to the
BOCC by the Owner's Engineer and said certification is approved by the BOCC.
d. BOCC's Investigation. Notwithstanding the foregoing, upon submission of the
Owner's Written Request for Partial Release of LOC, along with Owner's Engineer's Certificate
of Partial Completion of the Improvements, the BOCC may review the certification and may
inspect and review the Improvements certified as complete to determine whether or not said
Improvements have been constructed in compliance with relevant specifications, as follows:
i. If no letter of potential deficiency is furnished to Owner by the BOCC within
fifteen (15) days of submission of Owner's Written Request for Partial Release of
LOC accompanied by Owner's Engineer's Certificate of Partial Completion of
Improvements, all Improvements certified as complete shall be deemed complete
by the BOCC, and the BOCC shall authorize release of the appropriate amount of
security.
ii. If the BOCC chooses to inspect and determines that all or a portion of the
Improvements certified as complete are not in compliance with the relevant
specifications, the BOCC shall furnish a letter of potential deficiency to the
Owner, within fifteen (15) days of submission of Owner's Written Request for
Partial Release of LOC accompanied by Owner's Engineer's Certificate of
Completion of the Improvements.
iii. If a letter of potential deficiency is issued identifying a portion of the certified
Improvements as potentially deficient, then all Improvements not identified as
potentially deficient shall be deemed complete, and the BOCC shall authorize
release of the amount of security related to the certified Improvements that are
not identified as potentially deficient.
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iv. With respect to Improvements identified as potentially deficient in a letter of
potential deficiency, the BOCC shall have thirty (30) days from the date of the
letter to complete the initial investigation, begun under subparagraph 3.d.ii.
above, and provide written confirmation of the deficiency(ies) to the Owner.
v. If the BOCC finds that the Improvements are complete, in compliance with the
relevant specifications, then the appropriate amount of security shall be
authorized for release within ten (10) days after completion of such investigation.
e. BOCC Completion of Improvements. If the BOCC finds, within the thirty (30)
day period of time, defined in subparagraph 3 (e)(iv) above, that the Improvements are not
complete, or if the BOCC determines that the Owner will not or cannot construct any or all of the
Improvements, whether or not Owner has submitted a written request for release of LOC, the
BOCC may withdraw and employ from the LOC(s) such funds as may be necessary to construct
the Improvements in accordance with the specifications, up to the face amount, or remaining face
amount, of the LOC(s). In such event, the BOCC shall make a written finding regarding
Owner's failure to comply with this Agreement prior to requesting payment from the LOC(s). In
lieu of or in addition to drawing on the LOC(s), the BOCC may bring an action for injunctive
relief or damages for the Owner's failure to adhere to the provisions of this Agreement. The
BOCC shall provide the Owner a reasonable time to cure any identified deficiency(ies) prior to
requesting payment from the LOC(s) or filing a civil action.
£ Final Release of Security. Upon completion of all the Improvements, Owner shall
submit to the BOCC, through. the Building and Planning Department: 1) record drawings
bearing the stamp of Owner's Engineer certifying that all Improvements have been constructed
in accordance with the requirements of this Agreement, including all provisions of the
Resolution of Approval, in hard copy and a digital format acceptable to the BOCC; 2) copies of
instruments conveying real property and other interests which Owner is obligated to convey to
the Ziegler Subdivision Homeowners' Association; and 3) a Written Request for Final Release of
LOC, in the form attached to and incorporated herein as Exhibit "E," along with Owner's
Engineer's Certificate of Final Completion of Improvements.
i. The BOCC shall authorize a final release of the LOC(s) after the Imovements are
certified as final to the BOCC by the Owner's Engineer and said final certification
is approved by the BOCC. If the BOCC finds that the Improvements are
complete, in accordance with the relevant specifications, the BOCC shall
authorize release of the final amount of security within ten (10) days following
submission of the Owner's Written Request for Final Release of LOC
accompanied by the other documents required by this paragraph 3(g).
ii. Notwithstanding the foregoing, upon Owner's Written Request for Final Release
of LOC accompanied by Owner's Engineer's Certificate of Final Completion of
the Improvements, the BOCC may inspect and review the Improvements certified
as complete. If the BOCC does so review and inspect, the process contained in
paragraph 3(e) above shall be followed.
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iii. If the BOCC finds that the Improvements are complete, in accordance with the
relevant specifications, the BOCC shall authorize release of the final amount of
security within ten (10) days after completion of such investigation. If necessary,
the BOCC may complete any remaining Improvements in accordance with
process outlined in Paragraph 3(f) above.
g. Substitution of Letter of Credit. The BOCC, at its sole opinion, may permit the
Owner to substitute collateral other than a LOC, in a form acceptable to the BOCC, for the
purpose of securing the completion of the Improvements.
h. Recording of Final Plat. The Exempton Plat shall not be recorded until the
security described in this paragraph 3 has been received and approved by the BOCC.
4. ROADS. All roads within the Subdivision shall be dedicated to the Ziegler
Subdivision Homeowners Association to be maintained for benefit of the members thereof. The
Ziegler Subdivision Homeowners Association shall be solely responsible for the maintenance,
repair and upkeep of said rights-of-way, including the traveled surface of the roadways and
portions of the rights-of-way outside of the traveled surface. The BOCC shall not be obligated to
maintain any road rights-of-way within the Subdivision
5. INDEMNITY. The Owner shall indemnify and hold the BOCC harmless and
defend the BOCC from all claims which may arise as a result of the Owner's installation of the
Improvements and any other agreement or obligation of Owner related to development of the
Subdivision Exemption required pursuant to this Agreement. The Owner, however, does not
indemnify the BOCC for claims made asserting that the standards imposed by the BOCC are
improper or the cause of the injury asserted, or from claims, which may arise from the negligent
acts or omissions of the BOCC or its employees. The BOCC shall be required to notify the
Owner of the BOCC's receipt of a notice of claim or a notice of intent to sue, and the BOCC
shall afford the Owner the option of defending any such claim or action. Failure to notify and
provide such written option to the Owner shall extinguish the BOCC's rights under this
paragraph. Nothing in this paragraph shall be construed to constitute a waiver of the Sovereign
Immunity granted to the BOCC by Colorado statutes and case law.
FEES IN LIEU OF DEDICATION OF SCHOOL LAND. Pursuant to the Resolution
of Approval, a school impact fee, as against Lots 2, 3 and 4 in the amount of $200.00 per Lot for
a total fee in lieu of dedication shall be paid by Owner to the Garfield County Treasurer for
remittance to the RE -2 School District. This fee in lieu of dedication shall be paid by Owner at
the time this Agreement and the Exemption Plat are recorded in the records of the Clerk and
Recorder for Garfield County, Colorado.
The Owner agrees that it is obligated to pay the above -stated fee, accepts such obligation, and
waives any claim that Owner is not required to pay the cash in lieu of land dedication fee. The
Owner agrees that Owner will not claim, nor is Owner entitled to claim, subsequent to recording
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of the Final Plat of the Subdivision, a reimbursement of the fee in lieu of land dedication to the
RE -1 School District.
6. SALE OF LOTS. No lots, tracts, or parcels within the Subdivision Exemption
may be separately conveyed prior to recording of the Exemption Plat in the records of the
Garfield County Clerk and Recorder.
7. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As one
remedy for breach of this Agreement, the BOCC may withhold issuance of building permits for
any residence or other habitable structure requiring a permit to be constructed within the
Subdivision Exemption. Further, no building permit shall be issued unless the Owner
demonstrates to the satisfaction of the Burning Mountain Fire Protection District ("District") that
there is adequate water available to the construction site for the District's purposes. Further, the
parties agree that no certificates of occupancy shall issue for any buildings or structures,
including residences, within the Subdivision Exemption until all Improvements have been
completed and are operational as required by this Agreement.
8. ENFORCEMENT. In addition to any rights which may be provided by
Colorado statute, the withholding of building permits and certificates of occupancy provided for
in paragraph 12 above, and the provisions for release of security, detailed in paragraph 3 above,
it is mutually agreed by the BOCC and the Owner that the BOCC, without making an election of
remedies, or any purchaser of any lot within the Subdivision Exempton shall have the authority
to bring an action in the Garfield County District Court to compel enforcement of this
Agreement. Nothing in this Agreement, however, shall be interpreted to require the BOCC to
bring an action for enforcement or to withhold permits or certificates or to withdraw and use
security. Nor shall this paragraph or any other provision of this Agreement be interpreted to
permit the purchaser of a lot to file an action against the BOCC.
9. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with
the terms of this Agreement, the BOCC shall have the ability to vacate the Exempton Plat as it
pertains to any lots for which building permits have not been issued. As to lots for which
building permits have been issued, the plat shall not be vacated and shall remain valid. In such
event, the Owner shall provide the BOCC a survey, legal description and a plat showing the
location of any portion of the Exemptoin Plat so vacated and shall record the plat in the Office of
the Garfield County Clerk and Recorder. If such plat is not recorded by the Owner, the BOCC
may vacate the plat, or portions thereof, by Resolution.
10. NOTICE BY RECORDATION. This Agreement shall be recorded in the
Office of the Garfield County Clerk and Recorder and shall be a covenant running with title to
all lots, tracts, and parcels within the Subdivision Exemptoin. Such recording shall constitute
notice to prospective purchasers or other interested parties as to the terms and provisions thereof.
11. SUCCESSORS AND ASSIGNS. The obligations and rights contained herein
shall be binding upon and inure to the benefit of the successors and assigns of the Owner and the
BOCC.
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12. IDENTIFICATION OF CONTRACT ADMINISTRATORS AND NOTICE
PROVISIONS. All notices required or permitted by this Agreement shall be in writing and
shall be deemed effective when received by the recipient party via personal or messenger service
delivery, facsimile transmission or United States certified mail (postage prepaid, return receipt
requested), in all cases addressed to the person for whom it is intended at the address or facsimile
number set forth below:
Owner:
Peregrine 08 Investments, LLC
Attn: Donald Ziegler
0092 County Road 227, Rifle, CO 81650
w/copy to representative:
Timothy Allen Thulson
Balcomb & Green P.C.
818 Colorado Avenue
Glenwood Springs, CO 81601
BOCC: Board of County Commissioners
of Garfield County, Colorado
c/o Fred Jarman, Planning Director
108 Eighth Street, Room 401
Glenwood Springs, CO 81601
Phone: (970) 945-8212
Fax: (970) 384-3470
Owner and the BOCC hereby warrant and confirm that the representatives of the Owner
and the BOCC, identified above, are the authorized representatives of the parties for purposes of
contact administration and notice under this Agreement.
13. AMENDMENT. This Agreement may be modified from time to time, but only
in writing signed by the parties hereto, as their interests then appear. The parties, however, may
change the identification of notice recipients and contract administrators and the contact
information, provided in paragraph 12 above, in accordance with the notice provisions and
without formal amendment of this Agreement.
14. COUNTERPARTS. This Agreement may be executed in counterparts, each of
which shall be deemed an original, and all of which, when taken together, shall be deemed one
and the same instrument.
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15. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising
out of or related to this Agreement shall lie with the District Court of Garfield County, Colorado,
and this Agreement shall be construed according to the laws of the State of Colorado.
IN WITNESS WHEREOF, the parties have signed this Agreement to be effective upon
the date of Final Plat Approval for the Subdivision.
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BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
ATTEST:
By:
Clerk to the Board Chairman
Date:
PEREGRINE 08 INVESTMENTS, LLC
By:
Donald Ziegler, Manager
STATE OF COLORADO )
) ss
COUNTY OF GARFIELD )
Subscribed and sworn to before me this day of
, 200_, by Donald Ziegler, Manager of Peregrine 08
Investments, LLC, owner of the real property inclusive of the Ziegler Subdivision Exemption.
WITNESS my hand and official seal.
My commission expires:
Notary Public
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