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HomeMy WebLinkAboutBasalt Water Conservancy District Water Allotment ContractBASALT WATEII CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT NO. 692 Pnrsuant to C.R.S. 537-45-731, HOWARD C. HAFTEL and GABRIELLA HAFTEL {collectively, hereinafter "Applicant") subdivision of the State of Colorado, organized pursuant to and exisring by virtue of Section 37- 45.'10'J., Colorado Revised Statutes, et seq., for an allotment contract for beneficial use of water rights owned, leased, or hereafter acquired by the District ("Contract"). By execution of this Contrac! Applicant agrees to the folÌowing tern-rs and conditions and those certain terms and conditions set forth in the attached Order, which is fully incorporated as a part of this Contract: 1. OUANTITY: In consideration of the covenants and conditions herein contained, Applicant shall be entitled to receive and apply to beneficial use 0.067 cubic feet of water per second from the District's direct flow rights and 1.6 acre feet per year of storage or other augmentation water owned or controlled by the District. Applicant shall reslrict actual diversions and consumptive use under this Contract to these amounts. The Contract amount is based on the water requirements table aitached hereto as Exhibit B. Any increase or change in the water requirements to be served by the District will require an amendment to the subject Contract. 2. SOURCE OF ALLOTTED WATER: Water rigirts allotted pursuant to this Contract shall be from the District's water rights decreed to the Basalt Conduit, Landis Canal, Stockman's Ditch Extensiory Troy and Edith Ditch, Robinson Ditch, or other water rights hereafter acquired by the Diskict, including the District's right to receive storage water from Ruedi Reservoir and Green Mountain Reservoir. The District shall have the right to designate the water right or Decree of the District from which the Applicant's allotted rights shall be obtained. The Applicant's use of any of the District's water rights shall be subject to any and all terms and conclitions imposed by the Water Court on the use of the District's said rights. Exchange or augmentatìon releases made f¡om the District's storage righls in Ruedi or Green Mountain Reservoirs or other works and facilities of the District shail be deliverecl to the Applicant at the outlet works of said storage facility and reiease of water at such ouilet works shaii constitute full performance of the District's delivery obligation. Delivery of water from ihe Disirict's storage rÍghts in Ruedi or Green Mountain Reservoir shall be subject to the District's lease contract with the United States Bureau of Reclamation and any rules and regulations promulgated pursuant thereto. Releases from other facilities available to the DistrÍct shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchang'e releases from struchrres 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. 2tJ17û612 Conlr¡ct No. (S2.d6 3. At Applicant's request, this water allotment contract supply and applicant's structure(s) benefited hereunder have been included in the District's umbrella plan for augmentation cìecreed in Case lrlo, 02CW77 ("Umbrella Plan"), Applicant agrees to pay $1,200,00 for inch-rsion in the Umbrella Plan contemporaneouÊly with acceptance of this Order, rrnless ntherwise agreed in writíng hy the parties, which amor"rnt is hasecl, on ancl limited to the type(s) and amount of water use made by Applicant as detailed in Exhibit B io this Water Allotment Co¡rtract, 4. PURPOSE AND LOCATION OF USE: Applicant will use the water righis ailotted pursuant to this Contract for beneficiai purposes by diversion at Applicant's point of diversion under the District's direct flow water rights and/or for use by augmentation or exchange. Applicant will use the water allotted by the Dístrict within or through facilitìes or upon lands owned, operated, or served by Applicant, which lands are described on Exhibit A attachecl heretoi provi<lecl that the location and. purpose of Applicant's use of said watershall be legaìly recugnized änd përnrittetl by the applicabìe govemmental authority having jurisdictfon over the property served. Applicant's contemplated usage for the water allotted hereunder is for the following use or uses: X Domestic/Municipal Industrial_Commercial_Agricultural_Other It is acknowledged that ceriain locations '.vithin the District may not be susceptible to service solely by the District's water rights allottecl hereunder or the District's said water rights may not satisfy Applicant's needs and purposes. To the extent thai service cannot be achieved by use of the Dishici's allotted water righfs, or in fhe event said service is inaclequatg Applicant may utilize such other water rights, by way of supplementing the District's water rights, or otherwise, as is necessary to assure water service sufficiently reliable for Applicant's intencled purPose or Purposes, Alì lands, facilities and areas served by water rights allotted hereunder shall be situated within the boundaries of the District. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the endofeachwateryearshailreverttothewatersuppliesof theDistrict. suchreversionshallnot entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limitcd to thc amount of watcr available in priority at the original point of diversion of the District's applicable water right and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or altemate points of diversion. The District shall request the Colorado State Engineer to estimaie any conveyance losses between the original point and any alternate point and such estimate shall be deducted from this amount in each case. The Dist¡ict, or anyone using the iï::::"'"i:T::"" *tt call on any additional sources of stipply that may be available at an alternate point of diversiory but not at the original point of diversion, only as against water rights which are junior to the date of application for the alternate point of diversion. In the event the Applicant intends to institute any legal proceedings for the approval of an augmentation plan and/or any change to an alternate point of diversion of the District's water right to allow the Applicant io utilize the water allotted hereunder, ihe Applicant shall adjudicates an aiternate¡oint of diversion and/or an aug:nentation plan io utilize the ry1ter allotted hereunder, Appiicant shall not be obligated to bear or defray any legal or engineering expense of the District incuued by the District for the purpose of developing and adjudicating a plan of augmentation for the District. In any event, the District shall have the right to approve the Applicant's application for change of water right, and/or augmentation plan or other water supply plan invoìving the DisFrict's rights, and the Applicant shall provide the Dishict copies of such application and of all pleadings and other papers filed with the Water Court in the adjr"rdication thereof. The District reserves the exclusive right to review and approve any conditions which may be attachecl to judicial approval of Applicant's use of the District's water rights ailotted hereunder. Applicant agrees io defray any out-of-pocket expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not ìimited to, reimbursement of legal and engineering costs incurred in connection with any further water rights adjudication necessary to allow Applicant's use of such allotted waier rights; provided, however, in the event any such adjudication involves more of the District's water rights than are allotted pursuant to this Contract, Applicant shall bear only a pro rata portion of such expenses. Appiicant shali be solely responsible for providing the srrucfures, works and facilities , if any, necessary to utilize the District's water rights allotted hereunder for Applicant'sbeneficial use. 5. PAYMENT: Applicant shall pay annualiy for the water service clescribed hereín at a price to be fixed annually by the Board of Directors of the Disirict for such service. Payment of the annual fee shall be made, in fuil, within fifteen (15) days after the date of a notice from the District that the payment is due. Saicl notice will advise the Applicant, among other things, of the w¿ter delivery year to which the payment shall apply and the price which is applicable to that year. If a payment is not made by the due date, a late fee of $50 (or such other amouni as the Board may set from time to time) will be assessecl and final written notice of the delinquent account ancl iate fee assessment wiil be sent by the District to the Applicant at Applicant's address set forth below. If payment is not macle within thirty (30) days after said final written notice, the District rnay, at its option, elect io terminate all of the Applicant's right, titìe, or interest under this Contract, in which event the water right allotted hereunder may be transferred, leased or otherwise disposed of by the District at ihe discretion of its Board of Directors. ln the event water cleliveries hereunder are made by or pursuant to agreernent wiih some other person, corporation, quasi-municipal entity, ol governmental entity. ancl in the 20170612 coñt¡¡(t No. 692.doc 3 event the Applicant fails to make payments as required hereunder, the lJistrict may, at its sole option and request, authorize said person or entity to curtail the Applicant's lvater service pursuant to this Contract, and in such event neither the District nor such persons or entity shall be liable for such curtailment. 6 APPROPIìIATION OF Fl-ThlDS: The Appiicant agrees that so long as this Contract is valid and in force, Applicant will budget and appropriate trom such sources of revenues as may be legally available to tire Appl.icâ¡ìt thÉ fr"rnds rrecessary to ìnake the anrtual payments in advance of water delivery pursuant to this Contract. The Applicant will holci harmless the District and any person or entity involved in the delivery of water pursnant to this Contract, for discontinuance in service due to the failure of Applicant to maintain the payments herein required on a current basis. 7. BENEFIT OF CONTRACT: The water right allotted hereunder shall be beneficially used for the purposes and in the manner specified herein and this Contract is for the exclusive beneflt of the Applicant and shall not inure to ihe benefit of any successor, assign, or lessee of saíd Applicant withotrt the prior written approval of the Board of Directors of the District. Upon the sale of the real property to which this Contract pertains, Applicant has a duty to make the buyer aware of this Contract and the need to assign the Contract to the buyer. However, prior written approvai of the Board of Directors of the Distríct is reqrrired before the assignment is effective. Payment of an assignment fee in an amount determined by the Board shall be required as a prerequisite to approval of the assignment. In the event the water right allotted hereur-rder is to be used for the benefit of iand which is now or will hereafter be subdivided or otherwise helcÌ or owned in separate ownership interest, the Applicant may assign the Applicani's rights hereunder only to a homeowners association, wa ier district, water and sanitation district or other special clistrict, or other entity properly organized and existing under and by virtr-re of the laws of the State of Colorado, and then only if such associatiory entity or special district establishes to the satisfaction of the Basait Water Conservancy District that it has the ability and authority to assure its performance of the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less than all, of the ApplÍcant's property to be served under this Contract have any rights hereunder, except as such rights may exist through a homeowners associatíon or speciai district as above provided. Any assignment of the Applicant's rights under this Contract shall be sr.rbject to and must comply with such requirements as the District has adopted or may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees ancl successors, provided that such requirements shali uniformly apply to all alloltees receiving Dislrict service, The reslrictions on assignmentasherein contained shall notpreclude 2017U612 Conlr¿ct ¡úo. 69.doc 4 the District from holding the Applicant, or any successor to the Applicant, responsible for the performance of all or any part of the Applicant's covenants and agreements herein contained. 8. OTHER RULES: Applicant's rights under this Contract shall be subject to the Water Service Plan as adopted by the District and amended from time to time; provided that such Water Service Plan shall apply uniformly throughout the District among water users law, including, for example, the provisions of the Waier Conservancy Act of the Staie of Colorado, the Rules and Regulations of thê Board of Dirêctors of the Distriat, the plumbing advisory, water conservation, and staged curtailment regulations, if any, applicable within the Cor.rnty in which the water allotted hereunder is to be used, togeiher with all amendments of and supplements to any of the foregoing. 9. CURTAILMENT OF USE: The water service provided hereunder is expressly subject io the provisions of that certain Stipr.rlation in Case No, 81CW253 on file in the District Court in Water Division 5 of the State of Colorado, which Stipulation provides, in part, for the possible curtailment of out-of-house municipal and domestic water demands upon the occurrence of certain events and upon the District giving notice of such flirtailment, all as more fully set forth in said Stipulation. 10. OPERATION AND MAINTENANCE AGREEMENT: Applicant shallenter into an "Operation and Maintenance Agreement" with the District if and when the Board of Directors finds and determines that such an agreement is required by reason of additional or special services requested by the Applicant and provided by the District or by reason of the delivery or use of water by the Applicant for more than one of the classes of service which are defined in the Rules and Regulations of the Board of Directors of said District. Said agreement may contairy but not be limited to, provision for water delivery at times or by means not provided within the terms of standard allotment contracts of the District and additional annuai rnonetaty consideration for exiension of District services and for additional adminístration, operation and maintenance costs, or for other costs io the District which may arise through services made available to the Applicant. 11. CHANGE OF USE: The Districi reserves the exclusive right to review and approve or disapprove any proposed change in use of the rvater right allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or waier rights allotted hereunder without the prior written approval of the District shail be deemed to be a material breach of this Contract. 72. PRIOR RESOLUTION: The water service provided hereunder is expressly subject to that certain Resolution passed by ihe Board of Directors of the District on September 25, 1979, and al1 amendments thereto, as the same exists upon the date of this application and allotment Contract. 20170ó12 Contrnct No. ó92.doc 5 13, fJO FF,Ë TITLF,: It in.understoocl ancl ngrccd thnt nothing hcrcin chall gil.c thc Applicant any equitable or legal fee title interest or ownership in or to any of the water or water rights of the District, bui that Applicant is entitled to the right to use ihe water right allotted hereunder, subject to the limitations, obligations ancl conditions of this Contract. 14. COMPI IANCEWTTHSF,CTION404OFTHF,CLEANWATF,R ACT A¡¡licant shall comply with Section 404 of the Clean Water Act and consult with the Army Corps of Engiucers to conrplete any Sectior-r 404 compliance ihat rlay be required as a result ùf the construction of any facilities necessary to use contract water. 15. CONSERVATION PRACTICES: Applicant shall implcment and use commonly accepted conservation practices with respect to the water and water rights allotied hereunder and shall be bound by âny conservation plan hereafter adopted by the District, as the same may be amended from time to time. 1ó. WELL PERMIT: If Applicant lntends to dlvert throtrgh a well, then Applicant must provide to District a copy of Applicant's valid well permit before the l)istrict is obligated to deliver any water hereunder, and it is the Applicant's continuous duty to maintain a valid well permit, Applicant shall also comply with all restriciions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Applicant mr"rst comply with the well-spacing requirements set forth in C.R.S. ç37-90-L37, as amended, if applicable. Compliance wiih said statutory well-spacing criteria shail be an express conclition of the extension of service hereunder, and the District shall in no way be liable for an Appiicant's failure to comply. Applicant agrees to mark the well in a conspicuous place with the permit number. 17. MEASLTRING DEVICE ORMETER: Applicant agrees to provide, at its own exPense, a totalizing flow meter with remote readout to continuously and accurately measure ât all times all water cliverted pì"rrsuant to the terms of Applicant's water right and the terms of this Coniract. On or before November 15 of each year, Applicant will provide accurate readings from such device or meter (recorded on a monthly basis for the period November 1 thror,rgh October 30 of each year) to District, the Division Engineer and Water Commissioner. Applicant acknowledges that failure to comply with this paragraph couid 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 l)istrict, 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. 18, CONTRACTTERMINATION: A, Terminatíon bv Dishict: 20170612 Côñtrâcl Nô. 692.dÒc 6 1, The District may terminate this Contract for any violation or breach of the terms of this Contract by Applicant, or Applicant's breach of any other contract with the District. 2. The District may terminate this Conhact if, in its discretiory any judicial or administrative proceedings initiated by Applicant threaten the rights, or threaten the District's permits, water rights, or other interests of B. Termination by.{pplicant; 1. Applicant may terminate this Contract in its entirety for any reason by notifying the District in writing of the termination on or before April 1. Notice by said date will prevent the Applicant's liability for the next annual contract charge. 19. RECORDINGOF MEMORANDUM: Inlieuof recording thisWaterAllolment Contract, a Memorandum of Water Allotment Contract will be recorded with the Garfield County Clerk and Recorder's Office. The costs of recording the Memorandum shall be paid by Applicant ( Haftel Apølícnnt's Address: 3696 Valley View Road Glenwood Springs, CO 81601 Telephone No.: 970-379-7107 (Howard) or 970-379-49L5 (Gabriella) 20170612 Contr¡<t No, 692dG 7 C. Haftel STATE OF COLORADO couNrY ", &&inü ss. ,^,otÉo^Subscribed and sworn to before me I'iaftel arrcl Gabl'iella F{aftel. WITNESS my hand and official My commlssron 2ùU0ól2Conlrarl No. ú9.dôc y of lune, 20'17, by Howard C. I li 1 ? )' rÉD r{. D Ewl;.ilo PUgo EXHIBIT A Legal Description A PARCEL OF LAND IN LOT 21 OF SECTION i, TOWNSHIP 7 SOUTH, RANGE 89 WEST PRINCIPAL DESCRIBED AS FOLLOWS BEGINNING ALLLOINT WHE]ICE THE NORTHWEST CORNER OF LOT 9 OF SAID THENCE S. O DEGREES 38'8. 158.50 FEET; THENCE N. 89 DEGREES 22' E. 51 8.50 FEET; THENCE N. 1 DEGREES 13'8. 158.50 FEET TO THE EXTENDED SOUTH BOLINDARY LINE OF PARCEL OF LAND DESCRIBED IN DEED, RECORDED iN BOOK 343 AT PAGE 256 OT GARI'IËLIJ COUN'I Y, COLORAUU, REUURIJER'S I{ECORDS; THENCE S. 89 DEGREES 22' W. ALONG SAID SOUTH BOUNDARY LINE EXTENDED AND SAID SOUTH BOLINDARY LINE,5i8.5O FEET, TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO also k¡own as: 0351 County Road ió7, Glenwood Springs, Colorado 81601 ita¡rmm [þmsnd:Sht@ Såri6ttnçt AruA¡Ely!¡s O¡LIs U$r :30o.0674AAed 25. 2017!brir[. ââd Hd.ü.| HåiêlBASALT WAÍER CONSERVANCY DISTRICIWATER REQUIREMÊNTS(æro ledlTotðltO% Ém Græn lûn.4.1dErs¡ñDdiy€d DcplationsFork R¡vsLosrrlXEd-ltúTOTÂLS ->JTAEryFÉruryi/læhAg¡lM¡yJBêJuyArq6lS+l,smbsOcloòg.Nffib!lDsnb8¡Mooth(4)(Ð(2)(rtAsmıfußotl)oo.üxto,60o.000o.000o.0000.moo.moo.@o0.0000.0000(mo.fxþ(rlDdr6tbIn+ü¡sotztCûrucialr Oüror(3tLasnlmr¡alim(4) {5}Gropltrir¡allon LlElockFIÌoÎa-Acrls olc]op lrigat*lCrs ÀÞÞl¡calim Rdo (ãtlac)0.m{t.@Z9,lô5 (¿r:t Acro)2.692lffi ÂÞpg€l¡lil R¡lE (atacìCqmrd¡Sothr Dcmnd F0O.om oú[crNT'ÁtT'Ef' OF ¡TESIDENCESo3.5100I pdsonsrres¡dgæ.I gallDrsrpoEn/d¡yo ffxto.qx,0æ00.æ00.üt00.ffi0.r80o.m00tm0(mo.(mo_txxl00æ1 773ofDoomo0.0000.0620.4360.4080.3s30.243o.22t0.otlr0.m0.ø0otmo.tt000.üoo 000o_fm0.æ00.tf¡ooIm0_0000.000o(m0 ür00,(môomo.(mo.(mo.(mo.fm0.{F00.fm0.ün0 0o{)0.000o.000o.0(x¡o.æ0t.z3o,nùu..8¡aüt0¡re¡colûto¡a3o.âlo.a¡0ü8o.s($rsl(ro,(s)QI{Ð0.0{þ0.(mo.tl00o.(m0.(mo.o000.0s)0.0æofmo.0æo.off0.000ofmo,flomcslicln.hom(6)cmíErci!lc Olh¡r(s¡Låmlniqâl¡on(tolCroplnlq¡lþnlt 1)LþEs¡oct'(14TOTALcommptiEll$El¡rd¡on (fæt)5950:ó lrig, EffisencyCwmplion of krig- (rflrc)ð(]o.o(þ96 Lårflf¡ lnlg. Elñd.ncyCois¡mÉion of lrrig. (alac)EO2.t5¡lt6 cU lor DdrÊsl¡crcmmôrc¡¡l't50.{n0o.000o.0mÕ.(mo-ollto.fm0.q¡00.000o.{mo.tm0.0000.0mo.fmr.4t8o-fmo.000o.(m0.66o.2æ0.3æ0 3150.t¡¡4o 17tolJtlo,lmo.Imo.o000fxto0.0000.0000.0000.0æ0.0m0.000o.{xta}o'(x)oo ofl'o.{x)oo.{x¡oD ITXIc-(xxl0.0000.0@o.000c,.flto0.m00mo0(mottroomo0.moo.fmt160o"Þooo.0000"0000.0730.?950.35903¡t60:r40.195o o790.o(I!o.o00t^Ëtr.r¡tmtg¡.rr:¡o.æo5ırüt.¡e'ã¿¿tg¡ctlÐo¡æÀtTtÐÈl¡trcdtrd.fq¡GIIMGIIMGItMGßMGIIMGNMGNMGNMGNÀAGHMG¡{UG'TM(11)Sôur6 ofA6¡R€ohw ORDER GRANTING APPLICATION FOR ALLOTMENT CONTRACT HOWARD C, HAFTEL AND GABRIELLA HAFTËL CONTRACTNO.692 ha been made or on behalf of HOWARD C, HAFTEL and GABRÏËLLA HAFTËL ánd hearingbn said Application having been duly held, it is hereby ordered thatsaid for 0:067¡ubic feet ofwater per setond fromthe District's direet flow rights and 1.6 atre feet per year of storage/augmentation water owned or controlled by the District is hereby approved and executed by and on behalf of the Basalt Wäter Conservancy District, for the beneficial use of the water allotted in the attached Contract, upon the terms, conditions and manner of payment as therein specified and subject to the foliowing specific conditions: 1,. The Applicant has acknowledged that the land to be benefited by the attached Contract is described on Exhibit A attached hereto and incorporated herein by this reference. 2. In the event of the division of the property served by this Contract into two or more parcels owned by different persons, the Applicant shall establish a Flomeowners Association or other entity acceptabie to the District for the ongoing payment of charges due under the approved Contract following subdivision of the property. The Applicant shall give notice to purchasers of all or any part of the subject property of the obligation of this Contracf and shall record such notice in the reco¡ds of the Clerk and Recorder of Garfield County, Colorado. Applicant and his successors and assigns shall comply with all rules and regulations now existing or hereafter adopted by the District, including enforcing payment of charges dr-re under the approved Contract by present and future owners of aÌl or any part of the real property served under this Contract. 3. Any ailotment of less ihan 1.0 ac¡e foot of storage water i¡r Paragraph 1 of the attached Contract shall be deemed 1,0 acre foot for pu¡:poses of establishing the annual water service charge for such water allotment. 4, Applicant iras represented to ihe Distríci that the proposed use of the land to be benefited by the water alìotted hereundel has been approved by the applicable governmental authorities having jurisdiction over such lancl use and by executing ihe attached water allotment contract warrants to the District that the lot or parcel to be benefjted hereunder is legally subdivided, 20170612 O.dcr lo Contra(l No.692.du(-1- 5. Any well permits issued on the basis of this Allotment Contract shall be applied for and issued in the name of the Applicant. 6. This Contract is conditioned upon and water may be delivered hereunder only in conformity with a water rights plan of augmentation decreed by the Water Court of Water Division No. 5. Any and all conditions imposed upon the release and diversion of the water allotted hereunder in the clecree of said Water Court shall be incorporated herein as a condition of approval of this Contract, Granting of this Allotment Contract does not constitute the District's representation that the Applicant will receive a well permit or water rights decree for the land to be benefited hereby. 7. If Applicant intends to divert water through a well or wellg Applicant shall provide the District a copy of Applicant's valid well permit for each such well before the District is obligated to deliver water for the bcncfit of Applicant hercunder. Applicant must comply with the wellspacing requirements set forth in C.lt.S. $ 37-90-132 as amended, if applicable. Compliance with said statutory well-spacing criteria shall be an express condition of the extension of service hereunder, and the District shall in no way be liable for an Applicant's failure to comply. rh Approved this l3" day of June,2017. BASALT WATER CONSERVANCY DISTRICT By' Don Boyer, Attest: By,l*wt,n sãtt\-"'l/ Secretary to the Meeting ?01706¡2 Ordùr to Conrr¡cr No.69?.duc -2- EXHIBIT A Legal Description A PARCEL OF LAND IN LOT 21 OF SECTION 1, TO\¡/NSHIP 7 SOUTH, RANGE 89 V/EST OF THE SIXTH PRINCIPAL MERIDIAN DESCRIBED Á.S FOLLOWS: BEGINNING AT A POINT WHENCE THË NORTHV/EST CORNER OF LOT 9 OF SAID t SECTION l BEAÌ.SN,0 DEGREES 38lW.2018;l4 FEE-T; THENCE S. O DEGREES 38'E. 158.50 FEET; THENCE N, 89 DEGREES 22'8. 518.50 FEET; THENCE N. 1 DEGREES 13'8. 158.50 FEET TO THE EXTENÐED SOUTH BOUNDARY LINE OF PARCEL OF LAND DESCRIBED IN DEED, RECORDED IN BOOK 343 AT PAGE 25Ô OT.GARTTELD CÜLTNTY, COLOR.c.DÜ, RECORDER'S RECIJRDS; THENCE S. 89 DEGREES 22'Vl. ALOI}IG SAID SOUTH BOTINDARY LINE EXTENDED AND SAID SOUTH BOUNDARY LINE, 518.50 FEET, TO THE POINT OF BEGINNING, COU{TY OF GARFIELD STATE OF COLORADO also known as: 0351 County Road 167, Glenwood Springs, Colorado 81601