HomeMy WebLinkAbout1.0 APPLICATIONI . > RECEIVED GARFIELD COUNTY FEB 03 20 11 I Building & Planning Department 108 8th Street, Suite 401 GARFIELD COUNTY Glenwood Springs, Colorado 81601 BUILDING & PLANNING Telephone:
970.945.8212 Facsimile: 970.384.3470 ~ www.garfield-county.com GIA PA-2-t l-(Ol2.Lf GENERAL ADMINISTRATIVE PERMIT ;,. GENERAL INFORMATION (Please print legibly) ~ Name of Pro(;!erty
Owner: ()l II tJni JJ;?(}m /)1'., ~ Mailing Address: '7011 CtNl1:IJ !2oacL I tiD Telephone: ~) ~ City: Cctvkr.nda j e /Stat': c/o Zip CodeS I&~3 Cell:~) ~ E-mail address: FAX: (_) ~
Name of Owner's Re[1resentative, if any, (Attorney, Planner, Consultant, etc): ~ lt1IQd -rSbQdUN 1i[]c---, .-q~1L1 ~ f2tDDV-e . ~ Mailing Address: Po PzOX t:zt7?J Telephone: trl:tL)
101) 100 1 ~ City: r ttr12m c1. a LR_~ State: Co Zip Code: 8/h27) Cell: ( _ ) ~ E-mail address: 5LV1M(?, la vlda vld 5MeJl-tl/iC!m1 FAX:11aJ Qb?202J=j ~ Requested Use from Tab(=~or 3-502:
A-Ld5.5. ilYi QWL Illj liMt/--~ Street Address I General Location of Property: ~(c14-L.i2JLt1i:::t l /l(2(Jd UlQ I ~ Legal Description: /J:bA' ;/,1£ d . ~ Assessor's Parcel Number: d-3...i_,
-L..i 4 -1l1l. -<d J2fl ~ Existing Use: tcslae.11f'l? ..f # ?t(( JiWIO.lBuiid{;19 ~ Property Size (in acres) , -Zone District: 12-Last Revised 12129108
1 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and Hld t?to!. Pzt1Jrn UL 1 12!p1f'1fJ/-ed
____ Property Owner (hereinafter OWNER) agree as follows: I 1. OWNER has submitted to COUNTY an application for A-teef,SOYU p ,ltJ! (~ I Unk (hereinafter, THE PROJECT). 2. OWNER understands
and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the
administration of the fee structure. 3. OWNER and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full
extent of the costs involved in processing the application. OWNER agrees to make payment of the Base Fee, established for the PROJECT, an<;l to thereafter permit additional costs to
be billed to OWNER. OWNER agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and
exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY
staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay additional billings to COUNTY to reimburse the COUNTY for the
processing of the PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment,
or subdivision plan. PROPERTY OWNER (0 AUTHORIZED REPRESENTATIVE) /./1 I( Signature Oate b£!N (lzrKJVtt, Print Name Mailing Address: Page 4
, '0 28 10 01:541" Wight i ' 9709257138 UI:t..I.U, lVIV '.Vl.nm La,IIU 01 !JUCltel ~ Land+Shelter Design • Planning' Development Garfield County Building 8. Planning Department I 08
8~ Street Glenwood Springs, CO Garfield County Planning Department: ['v. lJ I] 12.27.2010 Old Red B~rn, LLC authorizes Land+Sheller, Inc. 10 act as the representative tor bUilding permit
applications and planning documenls lor the'current barn/arena project and other associated projects such as the entry gate and fencing projects. As such, Land + Shelter Is the authorized
represeolalive for all meetings, public hearings, and noticing and Is authorized to act on behalf of Old Red Barn, LLC for the period of 6 months from this date. Slgned:'~ /./" /.~ '-'6
v-:-Melissa Wight, Manager, Old Red Barn LLC Owner of 5644 County Road 100 FO 80x MO. carbondal •. CO 81623 Date: {2 .'20. 10 p. 1 ,. I lEL (970) 963.0201 • tELL (970) 309'4465 • FAX
(970) 963-0289 • EMAIL Info@l""dandshelter,com • ww.v.landandahelter.corro Received Time Dec, 28, 2010 9:26AM No. 2521
II. Administrative Review Process The following section outlines and describes the Administrative Review process for the variety of uses that are governed by the Board of County Commissioners
by the Unified Land Use Resolution of 2008 (ULUR). Please refer to Section 4-401 of Article IV in the regulations themselves for a higher level of detail. [The following process is required
for applications for land use changes that are subject to Administrative Review as defined in Table 3-501 or 3-502 in Article 111.] A. Outline of Process. The Administrative Review process
shall consist of the following procedures which are more fully described in Sections 4-401 and 4-104 of Article IV: 1. Pre-Application Conference (Section 4-103(A)) 2. Application (4-103
(B)) 3. Determination of Completeness (4-103 (C)) 4. Evaluation by the Director/Staff Review (4-103 (E)) 5. Decision by Director I have read the statements above and have provided the
required attached information which is correc nd accurate to the best of my knowledge. OLO/. (Signature of Property Owner) Date I.
~ Land+Shelter Architecture ' Pla nning ' Oevelopn1ent Planning Department Garfield County 108 8th St. Glenwood Springs, CO Missouri Heights Arena /Barn -ADU Application Parcel: 239119400200
Address: Dear Glenn: 5644 County Road 100 Carbondale, CO 8 1623 February 2, 20 11 This submittal follows procedure for an ADU application. The submittal follows a preapplication conference
held with the planning department on 01.19.2011. Narrative description: the enclosed comprises a planning request for an accessory dwelling unit at 5644 County Road 100. The ADU is designed
within an existing barn/arena structure on the property, and this submittal request includes plans that indicate the location within the barn. The barn will be co mplete by the time
the ADU receives a final determination. The existing barn footprint is indicated on the attached site plan, as well as the proposed ADU location within it. Plans are attached of the
ADU, although the future permitting process would review all the life safety and accessibility building requirements in more detail than this application provides. However, Land+Shelter
is aware of the essential code areas (such as fire separation) and has designed accordingly. During permitting the documentation of that detail will be provided. For this application
the layout of the unit, size, location, and general planning items are addressed in detail. The proposed ADU represents no site plan changes. This is a general premise and theme throughout
the application. The ADU is requested to serve an existing use and create a better barn/arena facility. The ADU does not propose a new use or alter any natural or manmade site condition.
In terms of impact, the ADU provides a typical opportunity for th e smooth operation of an existing structure. At our pre-application meeting, questions of utilities were addressed.
For clarification, please note that the existing house has it's own septic system, separate from the barn/arenaiADU septic system. The new septic system, addressed in this application,
will serve the barn/arena! ADU and has been sized accordingly. Land + Shelter, PO Box 550, 978 Euclid Ave., 970-963-0201 (p) 970-963-0289 (I) www.landandshelter.com
In terms of water, the property is served by one well located on the site plan. Capacity information from the state water engineer is provided indicating adequate supply for all the
anticipated needs. A physical water test was performed, and the results are enclosed for reference as well. Attached please find the submittal requirements for an accessory dwelling
unit appl ication as set forth in Section 4-501 of the unified Land Use Resolution for Garfield County. Table of Contents: 1. Application Form and Fees I 2. Vicinity Map (8.5x 11 map
showing all properties within a 3 mile radius) ( 3. Site Plan ; a. Architect's plan (pursuant to 4-502-C3). 24x36 drawing, attached. ; b. Survey from Sopris Engineering -includes legal
description of the property. ; 4. Neighboring Parcels 0/Names and mailing addresses for owners of record of all adjacent property within a 200' radius and mineral rights owners of the
subject property as recorded in the records of the office of the Clerk and Recorder. b. A detail assessor's parcel map indicating the parcels within the 200' radius is provided as well
for a graphic reference. 5. Responses to applicable standards cited in the pre-application conference. 6. Statement of Authority /7. Payment Agreement Form .... 8. Detail plan showing
ADU location within the Arena/Barn. /9. Well water information. a. State engineer's letter from Colorado Division of Water Resources.-b. Water test results. /10. Septic information.
/a. All Service Septic Design Letter b. Engineering specs in 24x36 plan /If there are any questions, or additional information requests, please call or email anytime. gavin@landandshelter.com
-or -970-309-4485. Land + Sheller, PO Box 550, 978 Euclid Ave., 970-963-0201 (p) 970-963-0289 (f) www.landandsheller.com
Kind regards, Gavin Brooke Land+Shelter, Inc Land + Shelter, PO Box 550, 978 Euclid Ave" 970-963-0201 (p) 970-963-0289 (I) www.landandshelter.com
Applicable Standards as Cited in Pre-Application Conference Summary: Comprehensive Plan 2030 as Amended United Land Use Resolution (ULUR) • Article 3: Zoning • 3-202 Rural Zone District
Lot and Bldg Requirements • 3-501 Zone District Allowed Uses Table • Article 4: Procedures • 4-104 -Administrative Review Process • 4-50 1-A -Administrative Review Materials • 4-502-C2
and 4-502-C3 (Vicinity Map and Site Plan) • Article 7: Standards • Division 1 -General Approval Standards • Division 2 -General Resource Protection Standards • Division 8-801 -Special
ADU Standards • Article 16: Definitions • 16-101 -Definition ADU Responses to Applicable Standards as Cited in Pre-Application Conference Summary: (Responses in Italics) 2030 Comp Plan
Compliance In the 2030 Comprehensive Plan Future Land Use Map, the subject parcel is designated as "RM": Residential Medium. The designation does not specify any particular guidelines
with regard to AOU's, but we can elaborate on camp plan compliance: In the 2030 Comprehensive Plan, importance is placed on preserving the rural and agricultural land resources that
serves as the visual and cultural draw to the area. By expanding upon the horse facilities on this parcel in 2010, the parcel has increased it's likelihood of continuing ranch/horse
facility operations for the near future, and open space on the 37. 7 acre site is left to pasture and paddock area for the horses. This future land use is compatible with the land use
plan. The AOU essentially serves this horse/ranch operation functionality. The "RM" designation is suitable for small farms, estates, and clustered residential subdivisions. This application
requests one accessory dwelling unit resulting in a total of two dwelling units on the 37. 7 acre site. ULUR Article 3 3-202 A. Lot and Building Requirements. 1. Lot Size. a. Minimum
Lot Area: 2 acres Lot is 37.7 acres. b. Maximum Lot Coverage, Residential Use: 15% Residential use is currently well under 15%. The combination of the existing residence and the AOU
will comprise < 1 % of the lot area. Land + Shelter, PO Box 550, 978 Euclid Ave .• 970-963-0201 (p) 970-963-0289 (I) www.landandshelter.com
2. Minimum Setbacks. ADU is proposed to be located in an existing building which was permitted under this code and meets these restrictions. a. Front Yard (measured from front lot line):
Arterial Street 50' The ADU is 341' from the property front line. Local Street 25' b. Side Yard: 10' or '12 of building height, whichever is greater. The ADU is 297' from the property
southern side line. c. Rear Yard: 25' The ADU is 644' from the property rear line. 3. Maximum Building Height: 40' non residential structures The ADU height will not be discernible from
the exterior of the barn/arena, but the barn/arena main roof will remain unchanged. (Current main ridge height is 38'-10'? 25', residential structures 3·501 -Accessory Dwelling Unit
is listed as 'W': Use Permitted Subject to Administrative Review. ULUR Article 4: Procedures-Section 4-104 Administrative Review Process. This application acknowledges and follows the
procedures as set forth in section 4-104. At this time, the pre-application conference has followed the procedure and all future steps will do so as well including completeness, notifications,
and waiting periods as required. Section 4-501 A: Administrative Review Materials This applications acknowledges and includes all materials listed as required in section 4-501. Secion
4-502-C2: A vicinity map is provided and attached per code. Section 4-502-C3: A site plan is provided and attached per code. ULUR Article 7: Standards Division 1: General Approval Standards
(Responses are in italics) 7-101 Compliance with Zone District An ADU at this parcel and for this proposed use is in compliance with general zone district standards. 7-102 Compliance
with Comp Plan and Intergovernmental Agreements An ADU at this parcel and for this proposed use is in compliance with the comprehensive plan and we find no interngovernmental agreement
conflicts. Parcel lies outside of future Town of Carbondale planning boundaries. 7-103 Compatability The ADU does not impact the existing use of the site and does not change it's existing
compatability. The nature, scale, and intensity of the existing uses are compatible with adjacent land uses and will not result in an adverse impact to adjacent land. 7·104 Sources of
Water Land + Shelter, PO Box 550, 978 Euclid Ave., 970-963-0201 (p) 970-963-0289 (I) www.landandshelter.com
The AOU will be bUilt within an existing development designed to accomodate that additional use. The well testing and state engineer's letter is provided for reference by attachment.
7-106 Water Distribution No change to the water distribution system or waste water system is proposed by the AOU. 7-107 Public Utilities No change to the public utilties serving the
barn/arena is proposed by the AOU. Metering will meet all utility metering requirements. 7-108 Access and Roadways A Access to Public Right-of-Way No change to the public access and
roadways serving the barn/arena is proposed by the AOU. Public roadway access and driveway access to the AOU is provided in the existing site plan. S, Safe Access, No change to the existing
safe access to the barn/arena is proposed by the AOU. Safe access to the AOU is provided in the existing site plan. e. Adequate Capacity Adequate capacity to serve the AOU is provided
in the eXisting site plan. The AOU will not increase the existing driveway use significantly over the existing use. 7-109 Natural Hazards The AOU does not change the number or location
of structures on site, and creates no changes with respect to natural hazards. Division 2: General Resource Protection Standards The proposed AOU is designed within the footprint of
an existing structure, The existing structure is surrounded by land that will continue to be used for pasture and paddocks uses, The AOU represents no changes to primary use of the parcel
and is proposed only to serve that existing use as a barn/arena. Conceivably, the AOU will have a positive impact on the protection of agricultural operations and represents no other
adverse effects on resources associated with the parcel. Having a person around employed specifically to keep watch will potentially have a positive impact on preserving and maintaining
resource stewardship in general on the parcel. The AOU itself represents no physical impacts to resources and represents no change to an existing site plan and site condition. Division
8 : Standards for Certain Types of Uses -(801) Additional Standards Applicable to Accessory Dwelling Unit 7-801 Additional Standards Applicable to An Accessory Dwelling Unit. A. Maximum
Floor Area. The gross floor area for residential occupancy shall not exceed 1500 square feel. The residence shall not exceed the maximum size. See floor plan for exact area and dimensions.
The unit is -900sf, and includes two bedrooms as designed. Land + Shelter, PO Box 550, 978 Euclid Ave., 970-963-0201 (p) 970-963-0289 (I) www.landandshelter.com
B. Compliance with Covenants and HOA Approval Requirements. The Accessory Dwelling Unit shall be allowed by Covenants or approved by the Home Owner's Association, as applicable. The
application parcel was formed when one larger ranch was subdivided. At that time, the resulting parcels were assigned a covenant restricting further subdivision until a future date.
This application does not propose any subdivision or in any way violate the covenant associated with the parcel. Additional information can be provided upon request. C. Ownership Restriction.
An Accessory Dwelling Unit shall be restricted to leasehold interest in the dwelling unit and shall be for residential use only. The ADU shall be restricted pursuant to code. D. Compliance
with Building Code. Construction shall comply with the standards set forth in this Code and with Building Code requirements. ADU is designed according to code by a registered Colorado
architect, and the building department shall review and verify accordingly. The ADU is understood to require fire separation from the surrounding uses that are considered a different
class of occupancy. Applicable codes, including life safety, plumbing, mechanical, fire, and energy codes -are all understood and included in the eXisting design. ADU construction requires
permit following building department review for code compliance. E. Minimum Lot Area. 2 acres or twice the minimum lot size for zone districts with a minimum lot size less than two (2)
acres. Lot size safely exceeds the minimum lot size. The lot is 37.7 acres. F. Entrance to Dwelling Unit. A separate entrance to the accessory dwelling unit shall be required. Entrance
is provided as required. See attached floor plan. The dwelling is entered off the South side of the barn/arena with adequate parking locations just outside the ADU entrance. ULUR Article
16: Definitions Accessory Dwelling Unit. A dwelling unit considered secondary to a primary dwelling unit for use as a complete independent living facility on the same parcel as a permitted
principal use and which meets dimensional and other requirements applicable to the principal use, which may be attached to the primary dwelling. The proposed ADU meets the definition
of an ADU according to ULUR Article 16. Zoning Compliance The parcel is found within the Rural (R) zone district of Garfield County. In keepinq with Land + Shelter, PO Box 550, 978 Euclid
Ave., 970-963-0201 (p) 970-963-0289 (1) www.landandshelter.com
the R designation, the horse paddocks, pastures, and barn/arena comprise a private horse riding facility The proposed accessory dwelling unit is a typical and appropriate accessory to
such a private horse facility, where landowners typically hire a full time caretaker to watch the horses and keep the barn. The existing on site residence is removed from the barn/arena
location. The proposed AOU will place a living unit in close proximity to the barn/arena stalls, and hence the horses. The AOU is a suitable accessory to the general ranch/horse uses
and provides a practical benefit -someone will be on site to maintain the barn/arena at all times via this AOU. In general, the better functioning of the barn/arena via this AOU serves
to preserve this parcel in it's horse/ranch state. Land + Shelter, PO Box 550, 978 Euclid Ave., 970-963-0201 (p) 970-963-0289 (I) www.landandshelter.com
\ GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com PRE-APPLICATION
CONFERENCE SUMMARY PLANNER: Glenn Hartmann PROJECT: Old Red Barn ADU OWNER: Old Red Barn LLC PRE-APP DATE: January 21, 2011 PARCEL: 2391-194-00-200 ZONING: Rural COMPREHENSIVE PLAN:
Residential Medium Density (6 to < 10 Ac/Du) REPRESENTATIVES: Andrea Korber and Gavin Brooke, Land and Shelter -Design Planning and Development PRACTICAL LOCATION: 5644 County Rd. 100,
Carbondale CO 81623 TYPE OF APPLICATION: Administrative Review for Accessory Dwelling Unit GENERAL PROJECT DESCRIPTION -The site is located approximately 3 Yz miles north east of the
Town of Carbondale at the intersection of County Roads 100 and 102. It is an existing developed 37.7 acre tract of land. Improvements on the property include a single family residence
(approx. 3200 sq. ft.) a horse barn facility (approx. 66,000 sq.ft.) and a variety of other support structures. The Applicant plans to build an accessory dwelling unit within the existing
horse barn structure/footprint. The unit is planned to be approximately 900 sq.ft. in size and will likely house a caretaker -employee for the owners of the horse facility. The Applicant
has provided a copy of the well permit that currently serves the existing home and horse facility. It will also serve the ADU in accordance with the Colorado . Division of Water Resources
Well Permit (Permit #176510). Wastewater for the horse barn and the proposed ADU is accommodated on site by an existing ISDS system that was constructed and sized to serve the horse
barn and a two bedroom residence (in anticipation of the current ADU proposal). The existing single family residence is served by a separate ISDS. A well test has previously been completed
for the water well with production represented to have exceeded 15 gpm. Access and parking for the ADU will be via the existing driveway off of County Rd. 100 and existing circulation
and parking areas for the horse arena.
The existing horse barn has previously received a building perrnit from the County and the Applicant anticipates obtaining a certificate of occupancy in the near future. Compliance with
all building code and fire code requirements for the additional dwelling unit will be required. Covenants existing on the property are represented as not having any impact on the potential
creation of an ADU . . The Rural Zone District allows an ADU, with Administrative Review and Approval, subject . to the ADU criteria contained in Section 7-801 (see below) including
a minimum 2 acre lot size and maximum 1500 sq.ft. ADU unit size. Based on the initial information provided, the Applicant's proposal appears to meet the Unified Land Use Regulations
of 2008 (ULUR), as amended. SECTION 7·801 ADDITIONAL STANDARDS APPLICABLE TO AN ACCESSORY DWELLING UNIT. A. Maximum Floor Area. The gross floor area for residential occupancy shall not
exceed 1500 square feet. B. Compliance with Covenants and HOA Approval ReqUirements. The Accessory Dwelling Unit shall be allowed by Covenants or approved by the Home Owner's Association,
as applicable. C. Ownership Restriction. An Accessory Dwelling Unit shall be restricted to leasehold interest in the dwelling unit and shall be for residential use only. D. Compliance
with Building Code. Construction shall comply with the standards set forth in this Code and with Building Code requirements .. E. Minimum Lot Area. 2 acres or twice the minimum lot size
for zone districts with a minimum lot size less than two (2) acres. F. Entrance to Dwelling Unit. A separate entrance to the accessory dwelling unit shall be required. In Chapter 2,
Future Land Use, the Garfield County Comprehensive Plan 2030 indicates that ADU's shall be included in the Comprehensive Plan density recommendations. The Red Barn property is designated
Residential Medium -RM (6 to < 10 Acres/DU) as reflected in the Comprehensive Plan except below: This property is located just outside the Town of Carbondale Three Mile Planning Area
and does not appear to be addressed in any of the Town's long range plans. 2
Density Exampfe: Small farms, estates, and clustered residential subdivision; density determined by degree of clustering and land preserved in open condition: Planned Unit Development
(PUD) 00/0 open land -1 du per <10 acres 50% open land -1 du per 8 acres 70% open land -1 du per 6 acres The discussion over submittal requirements noted that public notice would be
required along with lists of adjacent property owners within 200 ft. Information on mineral rights ownership will also be required. The Applicant showed a draft site plan including details
on existing improvements. Updating the plan to include new structures and/or locations for potential future construction would be appropriate. Divisions 1 and 2 of Article VII of the
ULUR have additional submittal requirements for all Land Use Change Permits, including Administrative Permits. The Applicant's narrative should discuss which standards are met that are
listed in Divisions 1 and 2 (i.e., water, sewage disposal). Proof of adequate water must be demonstrated in addition to copies of well permits issued by the Colorado Division of Water
Resources. Results from the physical water testing previously completed should be provided. The Unified Land Use Resolution requires proof of "quality and quantity" which is discussed'
in Section 7-104. I. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS: • Garfield County Comprehensive Plan 2030 as amended • Garfield County Unified Land Use Resolution of 2008
as amended o Article III, Zoning • Rural Zone District -Lot/Building Requirements (Section 3-202) and Use Tables (3-501) o Article IV, Application and Review Procedures • Administrative
Review Process (Section 4-104) • Application Materials (Section 4-501 (A» • Description of Submittal Requirements (Section 4-502 (C) (2) and 4-502 (C) (3» 3
o Article VII, Standards • General Apprcval Standards fcr Land Use Change Permits (Divisicn 1) • General Rescurce Prctecticn Standards fcr Land Use Change Permits (Divisicn 2) • Additicnal
Standards Applicable tc An Accesscry Dwelling Unit (Secticn 7-801) o Article XVI, Definiticns • Definiticn .of Accesscry Dwelling Unit (Secticn 16-101) II. PROCESS In summary, the prccess
will be the fcllcwing Administrative Review Prccess (Secticn 4-104): 1. Pre-applicaticn Ccnference 2. Submittal .of ccmplete Administrative Applicaticn (Secticn 4-501 A) a. Applicaticn
Fcrm and Fees b. Vicinity Map (Secticn 4-502 (C) (2» c. Site Plan (Secticn 4-502 (C) (3» d. Assesscrs Map e. List .of prcperty .owners within 200 feet and mineral rights .owners .of
the subject prcperty (.of Parcel # 2391-194-00-200) f. Additicnal requirements .of Article VII (Divisicns 1 and 2 and Secticn 7-801, unless waived by Directcr) g. Statement .of Authority
frcm owner if representative is used h. Payment Agreement Fcrm 3. Review by staff for Technically Complete (TC) Status 4. Notice of TC to applicant with schedule; Applicant submits additional
copies for referral to reviewing agencies; 5. Applicant prepares public notice for mailing by certified mail to adjacent property .owners within 200', a minimum of 15 days prior tc the
Directcr's Decision (Secticn 4-104(A)(4». 6. Decision date scheduled for Director and copies sent to referring agencies and departments 7. Staff report preparation and Director's Decisicn.
Director issues permit ten days fcllowing Decision if no appeals .or requests for a call-up filed. The Code (Section 4-104(A)(8) & (B)(1&2) includes specific procedures for call-up including
requests frcm the Applicant or Adjacent Prcperty Owners fcr reccnsideration .of a decision. III. APPLICATION REVIEW a. Review by: Staff for ccmpleteness recommendaticn and referral agencies
fcr additicnal technical review b. Public Hearing: .JL Director _ Planning Ccmmission _ Bcard .of Ccunty Ccmmissicners _ Bcard .of Adjustment 4
c. Anticipated Referral Agencies: Garfield County Road and Bridge Garfield County Attorney Garfield County Public Health IV. APPLICATION REVIEW FEES a. Planning Review Fees: $ 250.00
School District Fire District b. Referral Agency Fees: $ ____ (Separate Check, see attached fee schedule) c. Total Deposit: $ 250.00 (additional hours are billed at $ 40.50 Ihour) General
Application Processing Planner reviews the case for completeness and sends to referral agencies for comments. Planner will contact the Applicant and set up a site visit. Planning Staff
reviews application to determine if it meets standards of review. Planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body which
in the Case of Administrative review is the Director of the Building and Planning Department. A call-up or appeal process associated with the Directors decision is outlined in Section
4-104. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future,
and upon factual representations that mayor may not be accurate. This summary does not create a legal or vested right. Pre-application Summary Prepared by: Glenn Hartmann Senior Planner
Date 5
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PLAN February 1, 2011 1" equals FIFTY feet I .Iv --PROPOSED ADU LOCATION 1
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FLOOR PLAN SKETCH 1 .January 3, 2011 3/16" equals ONE foot
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IlSO Ft. Irom Iie.st $llQllon Una ISeUANol! OJ<' lHIIl ~Ew.tlt bOlOS NOr OONI'Il!=! A WATEFI fliGHT CONtmlONt! Of N!PllOYM 1)' Thill WAil shall bIIl,l$I)d In such B way 89 to caUIIe
110 nm\erlalln)ury \0 exISting waler rlglrta. 'tho ls!Juanco 01 tho llUrlnh does nOIIlSSUI~ lhe I!jlplloant that no Injury Will Clel:ur 10 anOlhbr VGsled watsr right or /lr6oludw Molhor
(lYme' tlIlI vG$tsd wt\l~r rlghlltom oooking toilet 111 G eMl eOUlt !lellon. 2) the construotlon of thlll well shall be In compllante with thO Wator Woll Oonslructloo end Pump In$le!latlon
Rules .2 COA 402.2, unlll!ll$ approval 01 a Varl&l1CB has beI!I111tllnttd by the stale lloard of Ex!lll11Mars 01 Wilier Well ConSlruotlOn and Pump 1I1S\(IIIptfon ConttllctOl'8 In actoldunce
witt. RUIQ 17. ~) Approved pvl$uant 10 CRS 37-924lUlWmb)(II)(A) I!tI Ih& o~1y willi on afflict 01 land of a7.182 at/os described lIS lhQt pOlllon 01 tho se 1/4 of S,..,. 19, Twp. 7 Sooth,
ling. $1 Weill of tho G!.h P.M., GarflGld CounlY. beIng more fXIt1lcul!Uly ~bed on tho IllltlOhetl exhibit 'N. 4) 'the USe of ground wllls/Irom thIs well19l1m~ed to nre prolllOllon,
ordlll!lly household llutlloM9 1r1!;ldo Ih~!NI,® ~1P9le t~ml~ dwQlllnss. tho Il7lgalfol1 01 not mote thun one (f) IlOl'O all10ms {lsrtlons and lawna and the w at ng I orne8110 enlmals.
' 5) The mllXlmum pUmping tale shell "0\ eXc&Gd 1S G~M. S) Th~ reb.Jm flow from th~ use or Ihls woll mus! be through en Individual wasle water dl$/1Q$lll sy~em 01 the 110M.evapolalive
1)'p!J where the wAter la rlltumlld to IIlIlI!l!l11a s!rllllm 8)'&tOI1110 w~loh the wallis Ioeattld. . '7) 'this well shall bII eonstruoled nat more thm 200 IIIIll from fua 100alloo
sj)I!OHled on this ~rm". A~~ROVIiO Jb2 ,,",,1-I'IBcelpt No. 0365318 I$H WWd m-l 0A'tI: ISSUl:o MAR 0 2 1994 mmS$O$ 9-b 34-1'1 ~PIRA'T10N DATe MAR 0 2 1996 e8'01 lNO"AOIl
November 23, 2009 Gavin Brooke Land & Shelter P.O. Box 550 Carbondale, Co. 81623 FAX: 963-0289 ATTN: Gavin On 11/18/09, a well test was conducted on a well at 5644 County Road 100. The
following infonnation was obtained; Well Deptl;i-3-----------------------------------190' Casing Size------------------------------------(7 x 5)" Standing water level--------------------------118.8'
Total test time--------------------------------"-4 Hours Drawdown to ----------------------------------119' Production is greater than--------------------17 GPM This test was conducted
with the existing pump and equipment. The well water level recovered back to 118.8' in 10 Minutes. If you have any questions please call me, Raun Samuelson at 970-945-6309. Sincerely;
Raun E Samuelson Samuelson Pump Co. P.O. Box 297 • Glenwood Springs, CO 81602 • (970) 945-6309 • Fax (970) 947-9448 Water Systems • Sales, Service & Instal/ation
NOV l~ ~008 15:38 Aspen 5an. Laborator~ 8709257278 .. ::. : STANDARD BAOTERIOLOGIOAL WA1EA TEST' ASPEN CON8OUDATED SANiTATION DISTRICT .... .. 0400 6SlYJC£ OIM!II DRIVE .~; 'o.l>" ASI'eN,
COLORADO 81811 ,,0 (970) 826'7282, E>J. 101 PWSIOI St¥o./$cI.~ . 8om~' Looa!bn:",~;,;;'1!:,-I\,--_ SMlFLiTAKe~:DATE !t'!I.tlIlTIME Ill' "",::JL?'.c...u C ~ Id' . O>ILOHINE""'f" COUNTY
0. ( n • SAMPLER Ii> ~ SlE.SIIl\IA~--"!A..Mo.t I ) COMMUN.TYSUPPI.)<.! ) ROIJTINiD~TRIBU1JONsymMSUPPLY t ) NON,COMMUNITY ... ,'. ~ CHECKSMIPLE ( .) PROOEMWATEA l J 011<'R PUBUO .'; I
RAW I ) O~D I ) SURFACE . I")(l PAIVATE ,. I SPEOIAl PURPOSE' SAMPLE . "NOTE: IF ALlINPOIIIIATION Ii NOT ~PUED. TIll! ~ WLL BE DlSQARIlI;O, REMARK$: , f'l " RET,UANto 8al"lvV 500...
(",0",,1" AODFu;s, F4 ,,+0 ::' C, 4 7 9 LJ 4 $ ClTYo§TATe--::";C,...\.=. ~".".~ N..!~.-"':~'1"']!%r"'.s."'-"C'O~''"--.-___ ?HONe __9'-1f'-:r"'--.....;'......,j!.-=O':-"lJ-~ _. .,......._
.. "" .. -see I~STRUCT10N8 ON BACK PAGE-. , ai~~ FOR T!ME lIMITATION9. SMlPUNG INSTRUCTIONS AND DEFINITIONS..' Analyst Jr:r--: PREmo. OF C(X.IFORMS INDIOAn; NON· COMPLIANCE WI{H MINIMUM
DRINKING WATER ST!lNDAROS, ~om~i'IIC' IJ N'''Com~ance IJ Inwnd c4<L UNS~ITA;LE_n FORTESr ." p. 1
December 7, 2010 POBox 2844 Glenwood Sprlngs,CO 81602 Ph 970·618·5033 Fax 303·216·2796 Land and Shelter, attn: Jeff Ellis PO Box 550 Carbondale, CO 81623 Project No. 1645 Septic System
Sizing Letter, Onsite Wastewater System Design, Proposed Arena 5644 County Road 100 Garfield County, Colorado Jeff, ALL SERVICE septic, LLC evaluated subsurface conditions and prepared
an onsite wastewater system (OWS) design for the subject residence. The property is located outside of Carbondale, in all area where OWS and wells are necessary. The OWS was sized and
constructed for the arena and a 2-bedroom residence per our design dated March 11 '10 2010, Pro No # 1645. This letter provides conformation that the OWS will serve the arena and an
additional 2-bedroom residence. The total design loading is 830 gallons per day. Please call with questions. Sincerely, ALL SERVICE septic, LLC Timothy R. Petz Copy emailed to Jeff Ellis
Reviewed By: ~~ ') ~\~ -.
EXHIBIT MAP OF: 5644 COUNTY ROAD No.100 THREE MILE RADIUS SITUATED IN A PORTION OF LOT 7 AND THE SE 1/4 OF SECTION 19. TOWNSHIP 7 SOUTH. RANGE 87 WEST OF THE 6TH P.M" COUNTY OF GARFIELD.
STATE OF COLORADO NOTES SHEET 1 OF 1 1) PARCEL INFORMATION : GARFIELD. COUNTY GIS DATED 12/0612010 2) USGS 30 X 60 MINUTE SERIES QUADRANGLE CARBONDALE, COLO. 1982 EDITION -:::JIIIII::::JIIII---===~
___ Mjles o 0.375 0.75 1.5 2.25 3 SOPRIS ENGINEERING -LLC CIVIL CONSULTANTS 502 MAIN STREET. SUITE A3 CARBONDALE. COLORADO 81623 (970) 704-0311 SOPRISENG@SOPRISENG.COM
STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, · the undersigned executes this Statement of Authority on behalf of Old-M 13{V('t7 , a UC. (corporation, limited liability company,
general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other),
an entity other than an individual, capable of holding title to real property (the "Entity"), and states as f ollows: The name of the Entity is .and is formed under the laws of ~The
mailing address for the Entity is e IiC,S4, lA Jijht) t1o.ntlC/Y The name and/or position of the person e xecute ins trume nts conveying, encumbering, aff.ecting title to . real property
on behalf of authorized to or otherwise the Entity is baYln IOrook! I The limitations upon the authority of the person named above or holding the position described above to bind the
Entity are as follows: -L;v.~n~~n~e_<~ ______________________ ~ _____________ _ (if no limitations , insert "None ") Other ma tt e r s concerning the manne r in which the Entity deals
with any interest in real property are: (if EXECUTED this .65/09 no other matter, leave this section blank) . <6 -day of fu . ~ 2olL. 8ignature:~ ~ Name (typed or printed: Md/ssa VV1jht
Title ( if an y): -IM,,-,-,tM'1Ll<'l..1.Ot11L.l.VJ .(,P¥~--------'-------) )8S. ) ~ rL before me thls ~ day of o..Jl ~ t-, on behalf of
List of Parcels within 200' of Parcel: 2391-194-00-200 5644 County Road 100, Carbondale, CO 81623 Addresses checked on 2/1/11 ~ot"~~sj~~a.s.~<l~.o.'.:~~"b.~jt;.s"..~ .r~~"~_":"9!itlei'.lto.rr1l,,tio.
'.la~"iI"~!"',. ~().lTIi[)"'.,,lrj~.~~s()"'~<l'.~~ip~.~,,~e. . ~,,~~folJ-"<:1: -.. _.. _.. _.. ........ _ ...........•.. _.. .. __ ............. .1_ ............................. _.
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IOwner 5 Address ---•.• -_._ •• _ .••••.•..•• -.• _ .•.••••••.•.••.••.•• -.•• 1"._ .. _ .•.•...•.. _.-.-••••• _ .• _ .......................... _.· •••• _ •••.••• l ..•.•.... _ .....
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-. .-......... _. .................. . ... .. .... _. .............. _-_ •..•........ _.. .. . 2S9F194:00:·1M················· 15372 COUNTY ROAD 100 -_ .................. _-_ ........................
....... -.··1i· ······· .. ············ .. ···· __ ·. . ·· _ ·· .. ·············· .................... !j_C ..A...R...B...O...N...D...A...L...E...,. .C...O... ..8..1...6 __2 ..3... ...
__ ...............-••.• 23ffF203:otF209············jfi·iiHfib15COONTYRO·················IR5lttMAt{MARCC v ! i5616 COUNTY ROAD 100 ;CARBONDALE, CO 81623-8811 ~~il:~~;~-~~~!~~:~:~~~=~~~~~i~~i·!;i~~~~~~
~:::::=:::==~=·]i~l~gg~~~~~~:~l;~::::=::::==:·i:::·:·=·-~==·:· ! iCARBONDALE,CO 81623 ... __ . __ ... __ .............................................. .;...........................
. .... -.--........................... : ..................... --_. __ .................... . ! i ~~9.~~:j~3.:~:~~·a.:=:~:j~9.~:;:Q:g~9.9.i'l!.'i'~g::~i~~~§~~~!gg:D[fi;r:::::::z::::::~::::~
i .CARBONDALE, CO 81623-9602 ::~::~::~~:::::::::::::~~.::::::::::::::=:::~:::::::::L::::::::::::::::~::~::~::~:~:::~::~::~::~::~::~:::~~::::::::~t::~=~~~~::::::::::~~:~~~~::~=~:=:=:::::::::::::::~::=
::==::::~::~::~::=::~~: !'~~I.~.~s.?:O'~:1~g····I~g~9.!gQ.c;gl!·~T.X~g·····f~g5~~~~N;·~~~~j6·~~·I3·I\~I3~I\~:-·v .. ;CARBONDALE, CO 81623-8815
® 2393-131--00-139' 1393-241-01)-$.3 z 20 MAP NO. 91-32
May. 10. 2011 6:57AM Bill To: Garfield County Road & Bridge Garfield County Road and Bridge Department 0298 CR333A Rifle, CO 81650 Phone-(970)625-8601 Fax-(970)625-8627 Invoice Driveway
Permit Number: GRB11-D-S Invoice Date: 5/10/2011 Old Red Barn, LLC 5644CRlOO Carbondale ,CO 81623 $75.00 per Driveway Permit. DrJ.veway Permit Fee: $75.00 Total Due: $75.00 ThankYou(
No.8691 P. I GIl2ASAIlr o c!"IJ"H"lY A_li> IR11OmO< RlttE\ to 81tro I' 97\1·&1:&-8691 9~l&OC(191&S1 ,J 2OOJt39f.1 I E H"",,' ID. ",OOOO,1SS1 I l(ra ID: ~12399 R~F 1$: 0001 I --·--~-r&.t£ilL
~ -;;--~~----------;x=l% sal:lry IteIOOd~SliPI;-j-1-~ze ~~ . ~nl: .L .. J;~ Received Time May. 10. 2011 7: 12AM No. 2771 lobi: I 1&.00 (IIM!1l 1I:92:3l lw I: (0))11 IJIIf Code: 91&\1&
WN~: Onll~ &Ilchh: OCImi I il9t~~ to pay abWg toli'l ~t1t :iI'(;~11'J9 t~ c~ laWN" .Ofeucl'>t H'.erd·~ .. t lIc.reu~ l' tredlt \l1)IX1'II~I') TtWt< \'Illi
May. 10. 2011 6:57AM Garfield County Road & Bridge NO.8691 P. 2 Garfield Application for Driveway Permit Pel'SOll Obtainiflg Permit: Old Red Barn, rrc Application nate: 5/10/11 County
Road Nllmbm 100 J)fstrict: Glef/wood Permfl Number: GRBlJ.D·8 Termif/atloll Date: 6/JO/)0l1 If/spector: M. Ptehm hereby requests permission and authority from the Board of County Commissioners
to construct a driveway Hpproach (es) on the right-of-way off of County Rood..1QQ,.5 mi •• /+ South of ClllOO & CR 102, located on the llim side of rand for the purpose of obtaining
access to property. Applicant submits herewith for the consideration and approval of the Board of County Commissioners, a sketch of the proposed installation showing all the necesssty
specification detail including: 1. Frontage of lot along road. 2. Distance from centerline of road to property line. 3. Number of driveways requested 4. Width of proposed driveways and
angle of approach. 5. Distance from driveway to road intersection, if any. 6. Size and shape of area separating driveways ifmore than one approach. 7. Setback distance ofbuilding(s)
and other structure improvements. 8. No unloading of equipment on cOllnty road, any damage caused to county road wiII be repaired at subdivision expense. 9. Responsible for two years
from the date of completion. General Prwisions 1) The applicant represents all proties in interest, and affirms that the driveway approaoh (es) is to be constructed by him for the bona
fide purpose of securing access to his property and not for the purpose of doing business or servicing:tehiole. on the mruLright_oi.wJly. ____________________________ . ________________________
.. ____ . _______________ _ 2) The applicant shall furnish all labor and materials, perform aU work, and pay all costs in connection with the construction ofthe drJveway(s). All work
Shall be completed within thirty (30) days of the permit date. 3) The type of construction shall be as designated andlor approved by the Board of County Commissioners or their representative
and all materials used shall be of satisfactory quality and subject to inspection and approval of the Board of County Commissioners or their representativo. 4) The traveling publio shall
be protected during the installation with proper warning signs and signals and the Board of County Commissioners and their duly appointed agents and employee shall be held harmless against
any action for pel'sonallnJury or property damage sustained by any reason of the exercise of the Permit. 5) The Applicant shall assume responsibility for the removal or clearance of
snow, ice, or sleet upon any portion of the driveway approach (es) even though deposited on the driveway(s) in the course of the County snow removal operations. 6) In tile event it becomes
necessary to remove any rlgbt-of-way fence, the posts on either side of the entrance shall bo surely braced before the fence is cut to prevent any slacking of the remaining fence and
all posts !IIld wire removed shall be tllmed over to the Distl'ict Road Supervisor oflbe Board of County Commissioners. Received Time May. 10. 2011 7: 12AM No. 2771
May. 10. 2011 6:57AM Garfield County Road & Bridge No. 8691 P. 3 7) No revisions or additions shall be made to the driveway(s) 01' its appultenances on the right-of-way without written
permission of the Board of County Commissioners. 8) Provisions and speclflcatlons outlined herein shall apply Oli all roads under the jurisdiCtion of the Board of County Commissioners
of Garfield County, Colomdo, and the Specifioations, set forth on the attached hereof and incorporated herein as conditions hereof. 9) Flnallnspection of driveway will be required upon
completion and must be approved by person issuing permit or representative of person 1ssulng permit. '1'he inspection and sign offmu,t be done prior to any CO trom the Building and Planning
Department being Issued. Special Condilions: 1. Driveway Wid!ll-25' 2. Culvert required? False-Existing Size: nn by nn 3. Asphalt Or concrete pad required? True Size of pilll: 40ft wide
x 10ft long x 41n thick 4. Gravel portion required? False Length: nn 5. Trees, brnsh flud/or fence need to be removed for visibility? False 6. Distance and Direction: 1. Certified Traffic
Control Required? False 8. Work zone slgnsrequired? '1'l'lle In signing this applIcation and upon receiving authorization and permission 10 install the driveway approach (es) described
herein the Applicant signifies that he has read, understands and accepts the foregoing provisions and conditions and agrees to construct the drlveway(s) in accordance with the accompanying
specification plan reviewed and approved ~ ~ the Board of County Commissioners. Signed: ~ 0A:Xw ];MJOK't:. Address: 1r1 'El.v?{;:j) t\!1'. 00.-0M/1/I(1--;':, (JJ I Telephone Number:
CJ~. )7/1. 'i1f'Yr Permit granted. subject to the pl'ovisions, specifications and conditions stip\llate~ herein. For Board of County Commissioners' of Garfield County, Colorsdo: I I
. ---------··-------------------OOu-(iec-!c;--.... ---------_._-----_._--.. ---.-_ .. _--_ .. -.... --------~--Representative of Garfield County Road and Bridge Signature Received Time
May. 10. 2011 7:12AM No. 2771
May. 10. 2011 6:57AM Garfield County Road & Bridge No.8691 P. 4 Specifications 1, A driveway approach ia understood to be that portion of the county road right-of way between the pavement
edge and the property line that is designed and u6ed for the interchange of traffic between \he roadway and abutting property. . 2. At any intersection, a driveway ahall be restricted
for a sufficient distance from the intersection to preselve the normal and safe movement of traffic , (It Is recommended for rural residence entrances that a minimum intersection clearance
of SO feet be provided and for nu'lll commercial entJ.-ances a minlmum of 100 feet be provided.) 3. All entrances and exits shall be so located and constructed that vehicles approaching
or using them will be able to obtain adequate sight distance in both directions along the county road in order to maneuver safely and without interfering with county road traffic. 4.
The Applicant shall not be pennitted to erect any sign 01' diaplay material, either fixed or movable, on or extending over any portion of the county road right-of-way. 5. Generally,
no mOre th!ID one approach shan bo allowed any parcel or property the frontage of which is leas than one hundred (100) feet. Additional entroneo. or exits for parcels having a frontage
in eXCess of one h\llldred 100) feet shall be permitted only after showing of actual convenience and necessity_ 6. All driveways shall be so located that the flared pOliion adjacent
to the traveled way wlll not encroach upon adjoining property, 7. No commercial driveway shall have a width greater than thirty (30) feet measured at right angles to the centerline of
the driveway except as increased by pennissible radII. No noncommercial driveway shall have a width greater than twenty (20) feet measured at right angles to the centerline oftha driveway,
except as increased by pennissible radII. 8. The axis of an approach to the road may be at a right IlIlgle to the centerline oftha county road and of any angle between ninety (90) degrees
and sixty (60) degrees but shall not be less than sIxty (60) degrees. A<ljustment will be made according to the type oflraffio to be selved and other physical conditions. 9. The construction
of parking or selViclng areas on the cOUnty road right-of-way is specifically prohibited. Commel'cial establishments for customer vehicles shOUld provIde off-the-road parking ---.. -.-------·---·----
faclliti8s.-·----------·-··---·· -.-.---.----------~------------------------------~-.------.. ----------.-.-. ------.----10. The grade of entrance and exit shall slope downward and away
from the road surface at the same rate as the normal shoulder slope and for. distance equal to the width of the shoulder but in no case less than twenty (20) feet from tho pavement edge.
Approach grades are restricted to not more than ten percent (10%). 11. All driveways and approaches shall be so constructed tbat they shall not interfere with the drainage system ofth.
street or county road. The Applicant will be required to provide, at his own expense, drainage structures at entrances and exits, which wHl become an integral part ofthe existing drainage
system. The Board of County Commissioners 01' their lepresentative, prlor to Installation, must approve the dimensions and types of all drainage structures. Note: This permllshall be
made available at the sUe where and when work is being done. A work sketch 01' drawing of tbe proposed dl'lvewny(s) must accompany application. No permit wlll be issued without drawing,
blueprint, or sketch. Received Time May, 10, 2011 7:12AM No, 2771
~ Land+Shelter A rchitecture ' P lanning ' Developrnent Fred Jarman Director of Building and Planning Garfield County 108 8th Street, Suite 401 Glenwood Spring s, CO 8 1601 April 26,
20 11 lVIissouri Heights Arena I Barn -ADU Application · Staff Conditions I Referral Comments Parcel: 239 11 9400200 Address: Dear Fred: 5644 County Road 1 00 Carbondale, CO 8 1623 Thank
you for the director's determination letter of 4/14/20 11 issuing approval subject to conditions. This letter addresses two leve ls of comments -Garfield County approval conditions and
Garfield County referral agency comments. ADU application information/responses are listed in italics for each comment received. Garfield County Staff Approval Conditions: 1. All representation
of the Applicant contained in the application shall be considered conditions of approval unless specifically modified by the Director Decision. Applicant does not contemplate changes
to the application as represented. 2. Compliance with all Additional Standards for an Accessory Dwelling Unit contained in the Garfield County Land Use Resolution of 2008, Section 7-801
shall be requ ired. This is understood. 3. The applicant shall provide a 24 hour pump test and water quality test in accordance with Article 7, section 7-1 04 of the U LU R prior to
the issuance of the Land Use Change Permit. The reports and water quality tests shall confirm the adequacy of the well to serve the proposed use. Testing was performed by J&M pump and
results were forwarded to Garfield County on 411912011. Testing analysis on those results has now been completed by Sopris Engineering. The results of the testing analysis' are attached,
and Sopris Engineering findings reinforce th e adequacy of the well. fn addition, the property was physically inspected by Brian Land + Shelter, PO Box 550, 978 Euclid Ave., 970-963-0201
(p) 970-963-0289 (I) www.landandshelter.com
Romig. of the State of Colorado Department of Water Resources. His email of 4/2112011 is attached. He opens with "After inspecting the barn and talking to managers and their engineer,
it appears they are currently in compliance with the well permit." 1. (Numbered 3 again on letter -SIC) All new construction on the property shall be required to meet all Garfield County
Building Code Requirements. This is understood. 4. The current zoning code violation associated with temporary housing on the site shall be resolved/removed to the satisfaction of the
Director prior to the issuance of the Land Use Change Permit. The temporary housing was removed by the corrections period in accordance with the Building Violation Letter received 4/12/2011.
The county staff was notified by email and phone on the date of the removal. 5. The Applicant shall provide a survey of the property for noxious weeds and provide a weed management plan
in accordance with County Regulations and referral comments from Steve Anthony, Vegetation Manager. A soils and weed management plan is in place for the property, and will be submitted
to Steve Anthony for review. Also attached here for reference is the weed management proposal that was proposed by Barry Stahl of Outdoor Services in 9/3/2010 and accepted by ownership.
fnitial spraying was done according to the plan last fall and paid in full. Spring 2011 spraying is planned to occur in May according to the recommended seasonal management. Outdoor
Services notifies ownership exactly when they are spraying in the area, typically in early to mid May. All their spraying is done with grazing safe products. 6. All exterior lighting
associated with the accessory dwelling unit shall be the minimum amount necessary and that all exterior lighting be directed inward and towards the interior of the property except that
provisions may be made to allow for safety in compliance with Building Code Requirements. The ADU has no new exterior lighting associated with it. Exterior lighting will be supplied
by the exterior lighting already permitted as part of the barn/arena unless additional exterior lighting is required to meet building code requirements, in which case, minimal lighting
w'" be added to meet the code. Garfield County Referral Agency Comments: 1. Karlyn Adams, State Water Resource Eng ineer, Denver: 303-866-3581(office), Karlyn.Adams@state.co.us a Ms.
Adams writes that using the· barn/arena as a commercial business would not be allowed under the existing well permit, and that uses must stay within the uses allowed on the well permit
that currently exists. i. The barn/arena is not a commercial business. ii. The property was physically inspected by Brian Romig, of the State of Coforado Department of Water Resources.
His email of 4/2 1/201 1 is attached. He writes that Land + Shelter, PO Box 550, 978 Euclid Ave., 970-963-0201 (p) 970-963-0289 (I) www.landandshelter.com
the property is in compliance with the well permit and that the barn/arena is not operating as a commercial business. 2. Michael Prehm, Garfield County Road & Bridge, Rif le: 970-6 18-7109
(cell), mprehm@garfield-county.com a Mr. Prehm points out that the addition of the AOU would require an improvement to the driveway; the first 10.' of the driveway will need to be paved
-an asphalt or concrete "apron" -where the drive meets County Road 1 Go. i. This is a standard requirement for any AOU, and we understood this as a requirement of any future permit.
We will include this pavement on the AOU permit drawings and permit it appropriately through Road & Bridge. . 3. J,m Rada, Garfield County Public Health, 970.-319-1579 (ceIO, jrada@garfield-countv.co
m a Mr. Rada points out that if the facility is serving the equivalent of "25 people of the same or different people lor 60. days or more per year" than it will be classified as a noncommunity
public water system and falls under the regulatory authority of COPHE. i. Applicant understands this limitation. The system is not a public water system. 4. Steve Anthony, Noxious weeds.
(non contact info given). a Mr. Anthony requests that we survey for "absinth wormwood" and "plumeless thistle" and that if these weeds are found, that we create a management plan and
treat for these weeds. i. We have a weed-management plan in place, contracted through Outdoor Services. We have discussed the noted weeds with the contracted company. Barry Stahl of
Outdoor Services will be watchful for and specifically target the weeds noted above. The next regularly scheduled weed spray will occur in early to mid May. The management plan proposal
IS attached for reference. Thank you for considering this letter. Please submit this letter to the members of Board of Commissioners prior to the meeting on May 2, 201 1 so that they
may review appl icant's responses to all staff conditions and all referral agency comments. We believe that this response to each of the conditions/comments wi ll demonstrate that all
of the materials reviewed by staff prior to issuance of your director's determination dated April 14, 20 11, establish that th is appl ication for an ADU is in compliance with all applicable
development standards, that there are no further development standards that need to be considered, and that these responses address all issues that might otherwise require a public hearing.
Kind regards, Gavin Brooke, Land + Shelter Land + Shelter, PO Box 550, 978 Euclid Ave., 970-963-0201 (p) 970-963-0289 (I) www.landandshelter.com
Andrea Korber AIA, LEED AP Land + Shelter, Inc. Architecture Planning Development P.O. Box 550 978 Euclid Ave Carbondale, CO 81623 April 22, 2011\ Re: Water Supply Evaluation, Missouri
Heights, Property located in the NE 1I4SE1I4 ofSectiori 19, T7S, R87W of the 6th P.M., Garfield County, Colorado. Sopris Engineering, LLC Project Number 29230.0 I Dear Andi: Pursuant
to your request, Sopris Engineering, LLC (SE) has reviewed pertinent information regarding the subject property's water well and performed a cursory assessment of reliability for adequate
physical water supply from this resource. This evaluation provides our opinion of the feasibility to utilize available water resources from the existing domestic well to support the
proposed accessory dwelling unit (ADU) within an existing bam structure at the subject site. In house water for the ADU can be served from the existing development's water distribution
system that is supplied by the existing permitted exempt well. Our evaluation is intended to provide support for your applicable permit application and review process for the development
of the ADU. Our evaluation is limited to an opinion that the existing well is an adequate water supply for the ADU. Our evaluation is based on addressing the general requirements for
adequate water supply pursuant to Garfield County land use code Section 7-104 that requires the applicant to show that allowable uses will have sufficient legal and physical source of
water. Legal water resource opinions are not included with this report. We have estimated the average water demands that would be required by the ADU to be 350 gpd equivalent to a single
EQR. The property has an existing single family home and bam. The total estimated in-house water demand for the property, including the proposed ADU is approximately 700 gallons per
day. The domestic well is permitted for up to 3 single family residences that equates to approximately 1050 gallons per day. Findings The estimate daily water demand for in house use
is 700 gpd. The peak summer demand for I acre oflawn and garden irrigation is approximately 6800 gpd. The peak summer demand for live stock watering is estimated to be 800 gpd. Therefore
the total peak water demand is approximately 8300 gpd. The instantaneous rate required for this peak demand is therefore 5.7 gpm for continuous pumping. To meet peak daily demand the
well can pump for approximately 9 hours per day at 15 gpm. A 15 gpm well is more than adequate to satisfY the permitted uses on the parcel. The 38 acre site is located in the Missouri
Heights area North of Carbondale. The site is served by an exempt domestic well that has a high production yield. Typical wells in the vicinity have significant production zones within
a moderately deep aquifer. Therefore the site's existing well and other wells in \502 Main Street· Suite A3 • Carbondale, CO 81623· (970) 704-0311 • Fax (970) 704-0313\ SOPRIS ENGINEERING
• llC civi I cansu Itants
.< ;" _. ~. v • Andrea Korber SE Job No.29230.01 April 22, 2011 Page 2 this area typically produce reliable water quantities year round. The existing pennitted well (pennit No. 176510)
on site is reported to have a sustained production rate of 15 gpm with a static water level at approximately 130 feet. The well was pennitted and developed in 1994 and a well completion
report was submitted pursuant to State regulations on 6-27-94. The yield of 15 gpm was reported based on the initial well test perfonned by Shelton drilling Co. pursuant to test protocol
at the time. The existing well completion report indicates the geologic fonnations consisting of volcanic deposit materials to the boring depth of 180 feet. The report records a sustainable
yield is a least 15 gpm. The well is cased to a total depth of 180 feet with plain solid casing to 130 feet and 5.5 inch diameter casing from 130 to 180 feet. The well is pennitted for
three single family dwellings, up to 1 aqe of irrigation, fire protection and watering of domestic animals. The well is pennitted for a maximum production rate of 15 gpm and meets the
criteria for an exempt domestic well for the uses described above. A well test was perfonned by J & M Pump on March 1,2011. The results ofthe 27·hour test indicate that. the well has
a minimum sustained production rate of 15 gpm with extremely limited drawdown. The full recovery to the initial static water level occurred with 12 minutes. The total draw down was only
2 inches. The test indicates that the well is sustainable and can supply adequate water supply at the maximum pumping rate of 15 gpm allowed by the permit. A recent analysis of the well
water was perfonned at the time of the well test by Grand Junction Laboratories to assess the water quality with regard to certain, state drinking water standards and EPA maximum containment
levels. The sample was tested for TSS, Nitrate, Nitrite and E. Coli. The water analysis report indicates that wet chemistry and inorganic parameters tested is within expected ranges
and does not exceed any EP AlState maximum containment levels. The water quality analysis results appear to be characteristic of the moderately deep groundwater sources in the vicinity.
Conclusions A reliable physical water supply for all pennitted uses that include the existing single farnilyresidence, the proposed ADU, up to 1 acre of garden and lawn irrigation and
watering for domestic animals is available based on our review of available infonnation and research. Available waterfroin the underground aquifer below the site that is adequate to
supply typical demands and allow for peak storage replenishment requirements during low demand periods. In·house water demand and fire storage requirements can be met by the utilization
of this single water well on site, having a sustainable production rate of 15 gpm. If you have any questions, comments or needadditional infonnation please call. Sincerely, SOPRIS ENGINEERING,
LLC ~-------
JOHN C. KEPHART & CO. bRA~~ J~~I[lI~~ lA8~RA luRIH ~--435 NORTH AVENUE • PHONE: (970) ;:>42-7618 • FAX.: (970) 243-7235 • GRANO JUNCTION, COLORAOO 81501 Received. from: Customer No.
~~~~~~~ 3/2/11 -ANALYTICAL REPORT -J & M Pump 8611 117 Road Glenwood Springs, 970-945-6159 CO 81601 FAX 970-945-6159 1957 I",bor,llory No. _~ _____ ~~~~_ S.lmrle Date Receherl_ _ __
_~~~~~_ D.lle Reported Lab number Sample ID 1957 Land and Shelter by Rick 3/2/11 9:00 AM Total Suspended Solids Nitrate (N03) o mg/l 2.90 mg/l Nitrite (N02) E. coli TSS Nitrate Nitrite
E. coli Date testoo 3/3/11 3/9/11 3/3/11 3/3/11 mg/l = milligrams per liter o mg/l o col/l00ml Method SM2540D, 19th Ed. ASTM D 3867-99 (B) A8TM D 3867-99 (B) 8M 9222D, 19th Ed. SM= "Standard
Methods for the Examination of Water and Wastewater," 19th Ed. Lab Dir.: Brian"S. Bauer water 3/9/11
Client Name: Well Location: Well Depth: Pump Type: Pump Set Depth: LAIID -;-_~) I-IE? TClI:)-:h('. ,')(,41.{ Co 1"'"&11Q(7 177' am Depth to Water Date Time Ipm Min Ft Inches a 1 132
J (j" 2 ,I ~? ' 10 " 3 4 \ \ 5 \ 6 f 8 /10 /12 /15 20 30 45 I 60 90 /II/IV 120 , 150 , 180 210 I I: Co Pm 240 :J:ntJ 300 /1)" .'3:01 360 /\ I /( UJO I \ ::?,'{)('} \ \ l;lHJ 1 o .. /'/J
IO'{' M:ICREdatafileslworksheetslpumptestdatasheeI2010,xIS Tele: ft· P (f) 1'-1, q Pumping Rate Notes ( 'tJ/7 132' 10 i'-/, l ' {:IJI 1"';;.'/0" ( ,('7 1 ":'..7' 10" I /11. q I I t/JI
14. {I
From: "Glenn Hartmann" <ghartmann@garfield·county.com> Subject: FW: Wight barn Date: April 21, 2011 2:49:25 PM MDT To: "Andrea Korber" <andi@landandsheiter.com>, <gavin@landandshelter.com>
Hi Andi and Gavin: Attached is the latest comment we have received from the Division of Water Resources. I'll look forward to speaking with you tomorrow around 9:00 a.m. to follow·up
on the conditions of approval and call·up period. Thanks. Sincerely, Glenn Hartmann Garfield County Building and Planning ·····Original Message····· From: Romig, Brian [mailto:Brian.Romig@state.co.us
) Sent: Thursday, April 21, 2011 9:14 AM To: Romig, Brian; Ziska Childs; Glenn Hartmann; halliday@sopris.net; cure@sopris.net Cc: Adams, Karlyn; Rubin, Edward Subject: RE: Wight barn
To all concerned, After inspecting the barn and talk'lng to managers and their engineer, it appears they are currently in compliance with the well permit. The managers told me that they
currently own 37 horses that are all the owners and that they are nO.t running a commercial business. They also have Needham water that they irrigate with and that the well is only used
for irrigating around the house. A domestic well on 35+ acres allows the owner to water livestock on a farm or ranch, with no specified limit on the number of animals allowed as long
as the livestock belongs to the owners. As the water season rolls along, I will continue to inspect the property to make sure it remains in compliance with the well permit. If there
are any questions, please let me know. Brian **************************** Brian Romig Water Commissioner, District 38 State of Colorado Department of Natural Resources Division of Water
Resources P.O. Box 396 Glenwood Springs, CO 81602 970-355-4787 ****************************
Sage Hill Ranch Weed Control & Fertilizer Proposal Outdoor Services is a licensed and insured weed control complU1Y that has extensive experience working with governments, non-profit
agencies, HOA's, ranch properties and developments for weed control. We have the time, equipment and manpower necessary to undertake an additional contract of this size. This is a small
company but through working together for several years we have developed very efficient methods and equipment for weed control. The herbtcide application equipment· we have includes
a large truck mounted unit, with provisions for refilling the ATVs, two six wheel driveATVs and backpack sprayers. The two six wheel ATVs are used for most of ollr work. These ATVs have
a small bed and carry a commercial spray rig very similar to those normally mounted on trucks. These spray rigs are powered by a separate gas engine and they carry fifty gallons of water.
They also have an electric rewind hose reel with 175 feet of hose and boom attachments. These rigs allow us to quickly and . effectively spray all sizes of areas and fit thru gates 50
inches wide. . Weed management at the ranch should consist ofthe following areas bareground, noxious weeds, alfalfa in the paddocks and pastures and other broad leaf weeds in disturbed
and revegetated areas. Bareground weed control will be needed in dry lots, the edges of outdoor arenas and round pens, gravel driveways and paths .. Bareground areas would be treated
with glyphosate, 2-4-D and pendulum. This treatment is typically applied in early to mid May. Costs are about Scents per square foot. Noxious weeds should be treated three times per
year for the first two years after construction. After the ftrst two years treatment can be reduced to spring and fall. Typical noxious weeUs on neighboring properties include Canada
Thistle, Plumeless Thistle, Musk Thistle, Common Tansy, White Top (Hoary Cre~s), Russian Knapweed, Absinth Wormwood, Houndstounge, Field bindweed (Morning Glory), Oxeye Daisy, and Burdock.
Most of these weeds have been fOllnd on this property in previous years. Chemicals used to treat these weeds will be chosen depending upon location of the weeds and stage of development
Chemicals commonly used include Milestone, Vanquish, Escort and 2·4-D. These spot applications cost $120 per man hour plus chemical. 7950 CoWti:!J !l(.a309 'Riffe ·C081650
Broadleafweeds can be treated the same time as the noxious weeds. These weeds will include Kochia, Russian thistle, Pigweed, Prickly Lettuce, Mustards and other undesirable we<eds. These
spot applications cost $120 per man hour plus chemical. Total annual weed budget for 2011 and 2012 should be $7500 per year. Alfalfa in the pastures and large paddocks would be treated
using Milestone and Vanquish as a boom application in the fall of20l O. These areas will need boom sprayed during the first two w~ks of September to allow enough time for seeding to
occur this fall. Fall 201 0 application should also hi.clude spot spraying ofnoxiolls weeds and alfalfa on the rest oflhe property. Typical cost for this type of boom application is
about 890 per acre. Fall 2010 herbicide application will be $2000. . Outdoor Services also provides custom granular fertilizer applications. These are generally split into two applications,
one application in early November and the other in late April or early May. Soil tests ClIJ) be preformed in almually if desired or fertilizer rates can be adjusted based upon growth
of grasses. Cost for fertilizer and application at the rates on soil amendment schedule would be $] 10 to $130 per acre, per application, dependil1g upon current fertilizer pricing.
< 7950 COUtlf.!J !RI309 !RJjfe CO 81650 B~ 970·625-1002 970-618-2800 ,. ,.. .. Ulb MQ\fNrA'N SrATn
Land+Shelter Architecture · Planning ' Development Glenn Hartmann Garfield County Planning Department 108 8th Street Glenwood Springs, CO 8 1601 970-9 45-821 2 ADU Application: Responses
to Garfield County Letter dated Feb. 17th 2011. Re: 5644 County Road 1 00 -ADU Glen: Garfield County Application File GAPA -6724 Parcel #: 2391-194-00-200 March 4, 20 11 In response
to your question on the phone yesterday about clarifying mineral rights questions: L +S reviewed information available from the Garfield County Assessor and from ti tle documentation
and has found no mineral rights owners to add to the neighboring property owner's list. This notation is made on the property owner's list. Attached also please find responses to the
letter: 1. Site plan and civil drawings detailing the questions about access and parking for the ADU. 2. The primary easements on the property are: a. The shared lateral ditch easement
does not contain a specific legal description but is a pipe in place with mutual access and maintenance rights as described in the "Ditch Agreement: as contained in the title documents.
b. The Access Easement to the Holtzman property as shown in the attached survey. c. Various uti lity easements as shown on the survey, including the Holy Cross electric line easement
in the NE co rn er of the property and the Holy Cross underground elect ric line easement (with no specific legal desc ription) as hand labeled on th e attached survey. 3. Covenants
clari fied through Title Commitment. 4. Proof of Ownership -Warranty Deed. The property is not indicated as part of any HOA. 5. The well is currently used for one residence, less than
one acre of landscaping and domestic animals. 6. Well testing has been ordered. This will be furnished when available, though -as you say, should not hold up fin ding of application
completion. (If ADU is approved, the well testing will be submitted with ADU permit application). In order, the attachments following this page are: A. The NTC letter. (2pp) B. The Warranty
Deed (Proof of Ownership -3pp) C.well Test Contract (1 pp) Land + Shelter, PO Box 550, 978 Eucl id Ave., 970-963-0201 (p) 970-963-0289 (I) www.landandshelter.com
Land+Shelter Arc hitecture · Plan ning · Development D.8.5x1 1 Plan with Parking noted ( 1ppL E. Title Commitment (30pp) F.24x36 Site Plan (1 pp) G.24x36 Civil Drawing (1 pp) Kind regards,
Land + Shelter, PO Box 550, 978 Euclid Ave., 970-963-0201 (p) 970-963-0289 (f) www.landandshelter.com
February 17, 2011 Land and Shelter Inc. P.O. Box 550 Carbondale, CO 81623 ATTN: Gavin Brooke Garfield County BUILDING & PLANNING DEPARTMENT RE: Completeness Review Old Red Barn LLC Application
Accessory Dwelling Unit -File GAPA-6724 Dear Gavin: The Building and Planning Department is in receipt of your Application submitted on February 3, 2011 for a General Administrative
Permit for a land use change associated with your proposal for an Accessory Dwelling Unit (ADU) on your property located at 5644 County Road 100 (Assessor's Parcel Number 2391-194-00-200).
The application has been reviewed to determine if the submittal materials are complete and although the application is very comprehensive and detailed there are several items that need
to be provided or resolved prior to a determination of.technical completeness. Pursuant to the Garfield. County Unified Land Use Resolution of 2008 (ULUR) as amended, please respond
to the following items: 1. The Site Plan needs to include additional details on access and parking including surfacing and width of the driveways and identification of a parking area
serving the proposed ADU. 2. Statements regarding easements need to be clarified to address uses and grantees and to address irrigation ditches and any related easements. 3. The submittal
contains references to covenants. A copy of the covenants needs to be provided with the submittals 4. Proof of ownership and information on the creation of the parcel should be provided
including whether the property is part of a Home Owners Association. 5. The Application needs to address whether any other uses (i.e. agricultural) are currently being served by the
well and if that is permitted under the current conditions of the well permit. 6. The well testing information provided is not consistent with the 24 hour test requirement by the County;
however, the County can move forward with the review and address the well test requirement prior to final approvals. 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212'
(970) 285-7972· Fax: (970) 384-3470
Once the above information/topics are addressed we can finalize our completeness· review and schedule a date for the Director Determination for the Application. Also, once determined
to be complete, the adjacent property owner notification is required as well as additional copies of the submittal materials to .send to referral agencies. Referrals may include but
are not limited to the Colorado Division of Water Resources, County Attorney, County Environmental Health Manager, and the local Fire Protection District. . Please note that the Garfield
County ULUR requires that these technical completeness issues be resolved within 60-days of the date of this letter, otherwise the application will be deemed withdrawn unless a request
for extension is submitted and approved. Please feel free to contact me at 945-8212 with any questions or additional information you may have on the above topics. Sincerely, . /J~W---Glenn
Hartmann Senior Planner cc: Fred Jarman
778486 12/01/2009 01 :07:57 PM Page 1 of 3 Jean Albenco, Garfield County, Colorado Rec Fee: $21 .00 Doc Fee: $287.50 eRecorded -l ~ f'\ \/) Documentary Fee $ 287.50 WARRANTY DEED THIS
DEED, made November 30, 2009, Between ERIC CALDERON and A. NEWTON BARTLEY" of the County of Garfield. Stata 01 • GRANTOR. AND OLD RED BARN LLC a Colorado Limited liability Company, GRANTEE
who.e legal address Is: -p 0 9~)( , S" "I I A'iJ'2 n I Co \?(" It .. orthe County of PitkIn. State of Colo.-Jo WITNESSETH, That f~r and In oonSlderation of the aum often dollars and
other good and valuable consideration, the receipt and sufficiency of Which 18 hereby acknowledged, the grantor has granted. bargained, sold and conveyed, and by these present& d0$8
granl, bargain, sell and convey and confirm unto the grantee, its heu'S and assigns forever. all the real property together wtth improvements, If any, sItuate and tying and being In
the County of Garfield. State of COLORADO, described as follows: See Attached Exhibit "A" dJ TOGETHER with all and singular' the hereditaments and appurtenances thereto belonging, or
In anywise appertainmg, and the reversion and rever:nons, remainders, rents, issues and profits thereOf, and all the estate, right, tItle, Interest, claim and demand whatsoevsrof the
grantor &tther In Jawor equity, of, In and to the above bargained premises, With the tlereditamenis and appurtenances. TO HAVE AND TO HOLD the saId premises above bargelned and described,
with the appurtenances, unto the grantee, Its heirs and assigns forever. And the Grantor, for theirs, theirS heirs and assI9ns, does covenant, grant, bargain, and egree to and with tne
Grantee, its heirs and assigns, that at the lime of the enseallng and dellvel)' of these presents, theIrs IS well seized of the premises above conveyed, has good. sure, perfect, absolute
and indefeasible estate of Inheritance. In law. In fee &Imp/e. and has good right, full power and lawful authority to grant, bargain. sef[ and convey the same In manner and form as aforesaid.
and that the same are free and' clear trom all former and other grants, bargains, eales, liens, taxes. assessments, encumbrances and restrictions of whatever kind or nature soever, except
those matters 8S set forth on exhibit liB" altached hereto and Incorporated herem bY reference. ihe grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises In
the qUiet and peaceable possessIon of the grantee, Its helOJ and assigns, agains-t all and every person or persons la'lNfully claiming the whole or any part thereof. The singular number
shall include the plurai, the plural the singular, and the use of gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed thiS deed. SIGNATURES ON PAGE
2 Retum to: Grantee
STATE OF CoLQR Apo COUNTY OF e ilK.-IN ss j The foregoing Instrument was acknowledged before me this g01''i:iay of t-lD>I &>1&e. , 2009, by Chris Heaphey as AHorney In Fact for ERIC
CALDERON and A. NEWTON BARTLEY II. WITNESS my hand and offiClal seal ~,.\.i!_i!A.c~ my commission expires: ;3 JC/. WI 0 Notary Public [ -;7,.,NN; ~EC(;;D"~~J' NOlary PlJbllc Stare of
Colorado ' B5284L2 MY~~';;~'E!<ptres~·~M'~a~rc~h~ 14~,2 ~O~10.tl
&.1'\1 In.,1 1 '" LEGAL DESCRIPTION A parcel of land situated In lot 7 and the Sey. of Section 19. Township 7 South, Range 87 West of the Sixth Pnnclpal Meridian, County of Garfield,
State of Colorado; said parcel being more pBl1icularly described aHoliows: Commencing at the East quarter corner of said Section 19, a rebar ana cap l.S. #5447 in place; Thence N. 88'47'31"
W 359.96 feet to a point on the Southerly right-of-way of County Roaa No. 102, also being the Northwest corner of that property described In Reception no. 247894 Of the Garfield County
Clerk and Recorde(s Office; Ihe true point of beginning; Ihence leaVing said southerly nght-of-way S 02'46'58" W along the westerly line of saia Reception No. 247894, 624.47 feet to
the Soulhwest corner of said Reception No. 247894; thence S 76'29'13" E along the southerly line of said Reception No. 247894, 6.26 feet to a point in an eXisting fence; thence leaving
said southerly line along said eXisting fence line and existing fence line extenaed Ihe following four (4) courses: 1) S 02'56'25" W 28.48 feet 2) S 10'09'14" W 502.31 feet 3) S 78'05'22"
W 9.e5 feet 4) S 07'01'23" W 405.44 feet to a point on the northerly line of that property known as the Stoner Property; thence N 84'22'51" W along said northerly line 974.33 feet to
a poinl on the easterly right-of-way of Counly Road No. 100; thence the following three (3) ccurses along said easlerly right-of-way: 1) NOO'59'17" W 1338.19 feet 2) N 27'56'28" E 46.58
feet 3) N 44'36'57" E 134.94 feet to the point of Intersection with the southerly nghl-of-way of County Road No.1 02; thence leaving said easterty right-of-way S 88'36'06" E along the
southerly nght-of-way of County Road No. 102, 409.07 feet; thence continuing along said southerly right-of-way S 89'16'16" e 840.49 feet to the true point of beginning.
J @M Ptay /;lD, Jb11 C{}(t~ 1Y!!tr(117 9'-j{LtmJtJ/f~f CO J1 b01 P[;te: 310-345-615'3 Cell 310-34J-615'3 PROPOSAL DATE: February 28, 2011 TO: Andrea Korber RE: Well Test Attn: Andrea,
J & M Pump Inc will petiorm a twenty four hour well test at propeliy located at 5644 Co Rd 100. State Standards water quality test is included. This test will include drawdown, sustained
yield, and recovery using existing well pump. Twenty Four Hour Test State Standards Test Price: $3675.00 $3425.00 250.00 1t tJ,fJU7A Ito i2-?JtfC, A=i>""re Of ",oPo~I.r2~~I!--D,l< it
I 'iF V Price good for 30 days'fr rn proposal date. Payment Due Within 3 Da' ofInvoice Date 2% Late Fee Unpaid Balance Per Month Thank You!
rIlB'B"fPTlD" AND OASIl s",.ElT P"'T~'H,-:n..O.''''n' .'''''D''~' lito, ....... "",Cn,",.".".~ .... ,('n, ... I -t"., I.~ ) .. II (,,'/fIe.', 'J.,.7~ l'::,"" .y ... u",-~ To ALL TO WHOM
THESE PRE.SENTS SH,ALL COME,GRE.ETINGI 1 __ ~ber~~~~,~~=·~~i~=~~::~~':~~~~~:_~(~.L~j~&·n·~'~~t.-~'if~'---_£"·.t.}~·'~'J~-!l~)~·~~ _____ _ hft_!l1.deposifllll in the General LantZ OQtc6
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s!!pplmnenial tllerelo,for. _ i ,J)·~cQA7,!l ~d.t.4 iLJmit ~ ... J ~~~.JJ.~ ~~.xtL'f".JJ.JpJ:~1 r."'" I. ' IJ]~., -""'.xL 1f,.;'.A.. 'r';..J:.A' I.f£,/u,., ",., 'Lh~ ':~., J,.~~~Lf:,",·~··J~<1.,
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Officiat Plat 01 tlte I)urvey of the &aid LandI, returned to the (JI/!Ural Land. Olftce b(l ti,e Survellol' Genor«l, wMcl~ said TraQL'/UI.4J ... wen pUTcluMBd blJ tile 'aid....D.~._J,._~~
.. ~ _______ _ I ---.-----. I I1~UJ KIIl'w "i" That lIt8 U'~iled Blafe8 0/America, in cQII.'Jideralion of tluJ prlm~iS69. and il~ crlll/tI,'mUg with Ih.s Bel'oral Ants of Conlf/'f)'8
tIt luch Cagll IIl-ade and provided" Ilave giuen and Lranted, Il-nd b!l these pre8{)1l.fs do give and Im,ne ulltll the llaid .. .Q.9..1..r.~ ___ .J:.'~""" ..... "~~'h"_H'''H ___ _ flll4
lo .. _.L:.. ____ hdr,9, the said l'raet._.abovll describ~<l .. C~ Ij.llt and II> 1J~/d tlu 80;mIJ, fogel/ul' willi I'll the l'i{hts, privilelC8, inununiU~s alld apPltrtltuJ,IICI!S,
of whaf-JlOIl"CI' nruu.re, thereunto belont!i1H!. unto the said ._ .. jj,'_".l: .. l ..; ).. ... ,~_ _ ........ _.. ~."" .. _.. .. _ ._ _. ... "" .... ___. ... __. ... . (fila 10, ..
_k_ __" _hcirR and assigns forever i subject i(J anll vest6tZ !m-r.l MtJru.ed lOafer rl4Ms [or mln/Il~, IJ.!!r/. cultural, ,,;.alm{MUlrin! ol'l)lhel' plU'POUS, all4 rl4M8 10 ditc/ws
and. renrvo~"s U~(lrl. {,t (JOlt/M(Jt""n with s!l.{!/~ wafer "f/lM8 a~ mll/l be recotnized and ackrwwledtedbll tJtd loca' CU8tQIIM, law8 mtd deci-3.ums 0/CO/~rt8, and al8(J ~ublr('t
/0 tl~(I riglii. "t tlu! propI'ietur 0/II vei" ,,1' lode to exl.raat allod remove his or8 tli.erf!frOl1/-, SIIO/tld the 8ame be {O/OId to lIt!lIctrcllo [II' l:nter86Ct Ow premMf.$ hel·eby
enwto(/" n& providelt by law, and there i8 I'uervell fron~ tILe land.9 I I il
!-I(/':k,T;;~~ UNITED STATES OF AMERICA. I Ctltlf{Cait 110 •... fJ?fL .. _. I ~;ro ALl. TO WHOM THErSE PRESENTS SHALL COME. GREr;:nNO: W"trtfJS,.~:'~{/.!t:(:.!r. .. &.t/.[-:X1!._t/-____
&"!.t(;(>J! ... :.6..f!U:<_-r!fj. __ 1f.~~ ~_~_'!:~ 'U;V01'lUn,1! t'1 nUl 0IJ/rial Plat 0/flul S'trusy of the said Lallds, rlJtltrMJ, to ih6 Gemlrat La7j.(~ Oifi~ by tlUJ /JIU'Y"YOI'
GelllJ/'{ll, which ~atd. 1"ra~L_h(/._f.._.bc6n purchased by tJt~id ___ -;_. ___ . _ ~ ... _ ..... ___ . ..... _____________ ._ .......................................... __ ._ ..................
...... ~ ..... 'l!A.~.r.·.-f. _____ p.1-_c._~_~_ I1\lW Knol" 1'" l'hClt au. ([",ifNl Slale.~ of America, il~ oonsiilf.lI'alion of th~ pnmia6S, //.It,l ill I)on(ol'milll with I ~;:es:';::l1~,~::1!fO(J
:;,:~~:i:l ~'~. . ~~.::~~ .. ~~ .: ::,!«~_:;:~~_!;!;_':;:~/:~~ _~ :~_~ __~ ~~:I.~~.~: ..~ I:~.~.:~. .~ ':~~'.~ _ ~':~_.~_~::.~~. . ~: "n.ll f,/........ _-::.{Ll',:. ..... __ heirs, the
sa,ill 2'ra,,', ... 'lb'}I1/l des",·ibrd.: Co 1j611' anrllo Ijold fhe 8(1,m~, f(J!!JJlher with all tll8 IIgfll~, lJIWII~g~lI, ~lI1ml~lHllC$ alld. npPlat8M'2t;" of 1~/l-fI,fsQeff" Itaim",
thet.ef~nto beloll.g<lH!, Imlo the 8(1,,,1 _ .. ,q _ _ _ ., ,{{/'f"c1f:/("f"/>/fwd Iv -i._,,~ hmrs ana ((,ssl/flls fmever, SlllllMt fo ("'~y vester/, I1.-wt Ml)rued wfttor riJht8 Ivr
nHIHII1, aiN c-Iflllu'al, /l:fUIll/udul'ill-g or 011'111" pnl"I(;.U!.~. ami rithi& to ditchfJS (f,lId r(ls~rlll'irll usnd in t:()1~np"ti.o,. with .",cI. wetler rifhl., fU 111(111 lIe
recognil;e(l (tlfll fwknQwledged bl/th" looal 1J114!OIlU, lawN (uld datJi~io"8 IIf (Jourt,~, and IIlso ~uld~r::I /" flw rjiM ,I{ flu. "Nll/I'ietol" lit a ucil~ ur lodo to e.-dr/wt altd
rellWlle Ms O/"B theretroln. elu)IIk/, tltlJ samo !I~ fOlmd to WMtrate or i.ntn'~e/JI Ow prell~isr..'i iter(!/'lj ffr(lII/rd, 08 1"'ullicie(l loll In{/). alld there is reserl'ed {rom
the laml.~ hereby ~m,1/fed (T. ri-lfht 'iI/ifill U!e~~ dttcl~e .• O%Wjj/lJ/utru/}ted bit tlll~ autJloritV lit "~e l1",Uect 8("le$. 7n 'CtsllWMI' W1}mof, 1,_ ... _ ... ;/.::?-P-~.f:r!.--::r..
.. .. ....... __ :<-:.r.f.~L.t?~,A ... 1'reaiden{. of the UI/iled 8f(l(I'~ '1 .1mp./,Ica, ha'",_ eal~,~/J/i ihc~e letter8 to 1m 1nll<ls pi1,t~l~t, uml (he Scal of the (lr.lleral [all'/'
t:yJk'!..~ 10:. hfr~(mlo alJl.WId . . ____ ,__ fllvtIJ u1lder my lU~ 11, I'-} In" CUy uf II'h8hi/f-!!tOI~, the .t.lJii:.~i:!Jg:T..t:. .............. i:; .. -f. /+~"' "l) Sl"..j l'"¢
, cIa ll 0f .._ . ...../~ ?.. '_F_-.(. ._ .. _£_ .~. .~. ,::!yZ; ..... -, .f ' • T_ -' I ,"(/' U~ t te year OJ 0111 ..... Jr'. (I"~ t wm~~1!1 "*'"f-e ~. '.'. ·1. A/mdl'ed alld_.,)J?:n,i~i1..y._
.... , :'-{:;-.-, -, a".el of t!t{J Indepu~deltce or the United " SI::~L. l1) Sta,tes aM Q'Hly)yPM nnd ___ ~-&'~_f!i..#... ... .... . ~~e~ °1' o{~ By 'bt Pftfldtnl'._._.'0:::!:.~h. dO.
k"-.£t.. .a Z-<.ul -11. LIo.'I'I'O ,/;;,. --/'77 ?n'" -/;Z::2.b~::~ '. '..' . ·.~·.·.·~;~~~r~~:: ~';::~~~~:_::;r::::. RnlOl"/le~~Ql ~~"-::"npa!le ;~'g' m ._u. Fa," f" '""d 11,,_ /of
.. -<1," 'f. .... {~71;.:J;I::J;~;;('"-y.·''''k.dM -_s~. By ............................... Deplttl/. !I ; I II
orooaedillp.. by tho persons hereinabove RPeoifionllv named. The beadp;ate L~ lmwted on the East bank: of Keet J.Jlvida Creek et a POillt whenoe the llortb quartor corner of Sec. 12,
Ty/p. 7 S., RanKe 92V1., of the 6tu P. M .. boars N. J;<.<> 1,6' W. 1570 feet. The teatimony in tbiS caRS sstBoliches that in 0 former procssdinp, in this court Priority wo. 11'); awarded
to said ditch for 372 CUbic feet of woter per milnute of time, --_wi priority No. 4-9 for n5 cubiR' feet of water Del' minute of tIme, sahl amounts being aWllrdsd conditionally in part,
Y/ere made abaolute and undonditiohal to tile e~tsnd 01' )00 cubiC feet of wats,r per minuto of time, ns to Pr-1ority No. 36, ond 240 cubic feet of water per minute of_time es to PriOrity
No. 49. That Priority No. 133 for R36 cublc feet of water per minute of time WA6 in part,condltionol. 'J'hf't thf! claimants of said last mentioned pnorit,Y have. wlth duP-dili,Q:enca
and witbout Drot'lflt or objection from any otbflr peraon or persooa, hroup_ht additional lands under irr1f'0tion end have beneficially apPlied th!:! W!:!tA1'S eo oonditionally, dAcreed,
end have t~ereb.v made said prority numbered 133 to ths sJrtent of 836 CUbic 'f'ee1; of weter per minute of time annoillte. 'fhat. of the volwne of weti'll' neretofore awarded !H11d
dttch under its eeveral decreee there nas been beneficielly applied vntlnn a reaeonablc time 1380.1.1 ounic feat of water par minut", of ttme, all of wnicll snould he (,bsoluto end unconditionaL
It 18 therefore o)'(le1'ed, IId,luiJp:ec\ end decrees oy the Gourt thnt Priorlty No. 36 t<'l the extent of 300 fublC feflt of water pel' minute of time, Prlorit.y No. 49 to thll extent
oj' 240 futlic feet of water 001' mInute of time, Priority 125M to the extent of 4.8 CUI:.olC feet of water per minute of time, and Priority 1'10. 133 to the e~tent of 816. cuoic 1'eet
of water per minute of tlme be, and they an<.l etlCh of them are I\.ereby made ansolute ond ·undonditional. It IS fUrther ordered, adjudl7,ed and decreed tna~ ~here be ollowed to fl.ow
into said ditoh from the East Fo1')o; of Divide Creek for the uses aforesaid am1 for t.he benefit of the parties laWfully !lntitled tbereto undor and I)y virtue of the approlJrietlon
by seid Fifth E!llar,:telllent Priorit.y No. 166.1 for 11175· cubit: fIlet of water per minute of tlme, relatinr, baCk to find dettnl'!. from the 3rd dey of April, A. D. 1912. It is
fllrther ordered, ed.1udp,cd and decreod that. sald Priority NO_. 1661 hereny awnrded to the e~tent of 11)75 CUOiO} feet of water per mlnut"l of Lime 1e nerel)y mede absolute end uncondttionlll.
BTA'!']; OF COWHADO ) 1 ss: COUNTY OF CARFIELD) I. ,10hn fl. Woody, Olcrk of the Distrl<lt C"OUl't of liarficld Q-ounty, Coloredo, 00 hel'eby cert.1fy that the forap-otop' Is a full
and comnlete COPjI' 01' en Qxcerpt fron~ a dacrae duly"sntered in said oeuflS #3253, on June 22nd, 1919, siRn-lold bV the G<lurt l, John R. GlerK, JUdv,e in so fnr es said decree refers
to the Tallmadf(e and Gibeon Dlton ff26 lnWater Dif'1;1'-let #45 of the StatO!' of Coloredo ln a cau!'e then pendinr, in said Court snUtlea and nUn\Pered as shown in tJle coption preceedin~
~ald excerpt, wnlan SOld decree ta on file sn(1 of' record in seid Court. Witness m,V hand end seal of said Court tbis 2 7tn de'! of Secotembor. lq/,). 'John S. Woody Clnrk. Filed for
record Oct. 5, 194) at 10:08 o'cloCJ( fl.. !.t. ~Ialter J. Frost, Recorder. -----------------------------------------------------------------------------------------#150079 W«('"..".,-3J0-)I
01613 CORPORATION SPEDIAL YIAIU(ANT'( DEED THIS INDENTURE, Mede thIS 28tb day of August., A. D. 1943, betwen the FEDEHAL FARM /.!ORTGA( CORPORATION, a corporatlon, organized dnd eXisting
unqer the laws of tbe United Stetes, Whose prinoipaloffice ie located in the Die~rict of "'olumbla, and with e branch office in the City of Wicnita, Kansas, psrty of tne first part.
and VIRGIL C. HOLCOMB of Carbondale, in the State of Colorado, part(y-les) of the second part: WITNR'SSETlI; 'f'hat the Beld uarty of the first part, for and in consideration of the
sum of FOUR THOUf'AND FIVE HUlIDR1W and no/lOO ($1.500.00) ..•.•••••... nOLLARS, to it in hand 1]aio. by tbe said pnrt(y-ies) of tbe second part, the receipt whereof' loS nereby oonfessed
and aclmO!~ledged, baB granted, bargained, sol.d and Oonveyed, and by tbese presents <.loes grant, bargaln, sell and convey unto the said pertly-iesl of the second part, nls heirS, auccessors
and assigne, forever. j,ts title to and interest in the following desoribed real eatate aud \¥ater rights sitUated in ths County of Garfield and Stete of Colorado,to-II The Southoest
Quartor (SE.t) of the Northwost Querter {NwtI and tne Southwest ~uarter (SW!) of the Nbrtlleaet Quarter (NE~) and the North Half (N~l of the Southeast Quarter (M~l and the Southwest
Q,uarter (Sl'I!) of tho Southeest Quarter (SE!), Seotion Ni)'leteen (19), Townsnip Seven (7) Soutn, Range Eighty-eeven (87) l'Ieet of tne Sixth (6th) Pnnoipal Meridien; Exeepting two
and one-half (Z!) aCTes in the Southeaat corner of tne Norttleast QUarter (NE~) ot' the Southeast Q.uarter (SE!), Section Nineteen (l9) , Township Seven (7) ::louth, Range Ei~hty-seven
f87) W t d es, eanxibed os beg1nning at the Southeast carnal' of tn! P, '-/31
NortheAst 0.uarter (m:~) of the Southeast Q.uarter iSE~r; thence Wast f2!i feet, thence Northe-aeterly 575 feet. thence Southeastarly 575 feet to the place 'of bel;inninS, end slso excepting
that portlon of the Southwest Quarter (SW~) of the Southeast Quarter (SEt) of Seation }1inateen (19), Township Sevo",(?) South, 'Range Eil!:hty-seven (8?) West, lying west of the Eaat
line at· sald 40 aore truct, and East of the oenter of the COWlty road as now established on the ground, selll tract being 451 faet West from the Southeae corner of aeid 40 !lOre tre.ot
Vlest to tile centsr of the COWlty roaa /lnd at a point 000 f et North,--thB-aaid tract is 165 feet Wide-from the E!}.st Une of 40 acre tract West to the oenter of the oounty road and
209 feet Wide at the North hne of t.he saia 40 aore tract from tile Eaat Une West to tllO oanter of the county road; oontalning allout s1.:x: (6) acre the west line to follow the center
of the 1l.0lUlty road; conta1Uing one hundrsd ninety-tw (194.) acres, mars or less. together wlth all ditohes and all aiton. reservoir and water righta belonging, or in any way appertainlng
to sSld lands, or any part thereo1'; or which may be hereafter aoqulred, for, or for Vf'Ifi upon, said hmd, or any IR't thereof; and especially an undivided one-tvlB}fth (1/i2) interest_in
and to the Needham Ditoh and water r1gb.ts, No. 76 in the Decrees of ,tire District Court for Gar1'ield County, CQlorado, for water Distriot JB; also, an W1diviasd one-tenth (1/10) intereat
in and to priority ITo. 16) in said deoree, also two Bnd one-half (2t} water rights to be used !lin 100 aoxes of abbve lsnd and as acqUired froln the Carbondele Reservoir & Irrigation
Com ny as per water deed recorded in Book 9/1. at Page 55} of the narfield County, Colorado, reoorda: also l~ water rignts acquired from' the aaid abova irrigatlon company for en additional
60 aores of the Obove land; SubJeot to any unrelellsed oil an'! gas leeseB of reoord; Subject to any axistinB l'lf')tt of ways for Ilignway or ditohes; Subject to eny reservations or
e:meptlons in patent, If eny; Elillept:l.nl', e.nd resarvlne unto party of the first pBrt, its successors end eBSigns, an undivided one hclf of all oil, gas and other minerals elld minerals
rill'hts 1n, upon aud under saln real estete; Subjeot to taxaB, water aeBeSBments end Imy and ell other cnarges lev1ed or asseseed against BBid resl estate 1'or the year 191,2, and subse'luent
years; SuUJect to a f1rst mortgap,e in favor of Tha Federsl Lanel B'Bnk of Wichlta, Wiohita, Kansa!l, a corporation, cover1np," the ebove described reel estetB and othel' land. in the
sum of '7000.00, detail :January 11, 19~1. filed for roMord on the }lat d,ey of' March, 191rJ, st 10:00 o'cloo!C A, 1.\. and recorded 1n RoolI: 208 at PBl!,e 200 of the records f ssid
County; Sl.lbject to a seoond mort!;"age in favor of the Land BBn\<" Commiasioner, coverlng the s110Vp. desoribed res 1 estate end other land, in the sum of' _,)000.00, dated :January
11, 1943, filed for record on the :Ilat dav or Maroll, 1943 Bt 10:02 o'clOCk A. 111_, and rsaorded in B"oo\l: 208 et Paf!e 201 of Lhe reoords of stud OOUlity. TO HIIVE AND TO lfOI.D
The same, tOl',ethar with ell and slngulsr the title and lnterest of perty of the first nart in and 1.0 tho tenel!Ltmts. hereditements snd appurtenanoes thereunto belonll'ln!,:, or 1n
any wiso apperttnnHll"', forever. And th", said party of tM first pert hereby covenants Bnd e~nee5 that at tue del ivery hereof it is the lswrul O'/ille of the Interest "-areb" conveyed
in th,., above desoribed premisea; Bnd thet it will warran and dafand the ~PlJle unto tbe I'artf.v-ies) 01" the seoond pert, hi!' nell'S, sucoessol's, lind eSI'll/l:n" forevor. EWBinst
aal.<l Nlrtv of the first pert, Ita sno(l",SSors end aesign!')! ann B),l "fill'Averv oflreo; or 001'lIons WnOffiREltiVer lawfullv 1l1Almlnll' thrOW',h. by'br under 1t., th m, or PIth
.. r I}f them, WT'rNEf'S thR S1p.nflt'l1'R of t,re Fed "'t'v) FRrm 1'!'T'tP:A,,"P ~orporllt.i[]I1, ,.orpm'stton, ~y The F"<leTui Land BFl!1:O: of Vf'\nt>\tll, Il coroor>:ltlon. WIC/'lt",
Kaofl'!"', it_" I)~ent f'ml Attorn!?y III fant, un<ler Ann IW vll'-uue of t.ht!t "-,,,rt.lll" pOO/el' or attorney wt)IC'.i! 1R record"d in "0,)1<-178 at Pfl"P 1/,('\ t',-C t.\H' !"eoor"S
of ""i" Count,v. 111Pncd by tIm <luly I'tuthoriweil offlCflrR ~f' <'Aid B .. ,,'( '1od jt.R ,",ornoret ... :!Ieel impressen t.n!' dOlI' ~nr't "par firl'<t. rlbov!> wrlt.t"". NI''l'W.S·I':
JOlIN W. COLFJ!AN Johm W. Golem~n f,eC'-retery STATE OF KI-.NSAS } )SS. COilllTY OF SEDG~IIIJK 1 F~,rwn~.! FlM W''l'rr:.Mli'' "ORl'()!lJl'P10N, '1 eornorotlon, BY'l'I-l"" FED1>;RAT T./llfr"
'lfiN!!" OF \'!IC!!!TTfI, !:' <,o_rl'''rrttn~, "!tcllitA, Kim 'W!I , Its A!,ent ond t.t.torllp..1' in Fuct. By R. II. Jone~ R. II. Jones ( AC"KJ-J(WILECO'.'iElIT) VIce-PreSIdent
'ltt.(ll"nf>V 1n f"Ant. t.hlll'~fol· lI}l hI' Autho1"1t.v '01' ttlP '"1,..,,)"() of lJll'<)(1tor!': of" fl~ld "'rmfr. nml ne ~"l(nowle<1v~d t.n me t.l1'lt the fo"'spoin" ln8trU[(lOnC
WIIS ,n::eC"utt>d hv l'lm ~" hi" fr ... " nnil w,lllntnrv nrl<1 ~n" dop.<1 ~ml "fl the !!"v.·rfll frefl and voluntAry A"t.r! o;n~ <'1"",(111 (If "'.lid '3"'P>-. llS (!f'(mt. flnr) AttorneY
in fAnt, ~ml t~". l'I'edllrnl F,,"'m J.lnrtvo"" ':" ... " ....... stJ.on .... 11 r"r th" IH!'l1l linn uurw'r!" .... I':At, rn ... t~ npi! sDllrlf"icd thfJl'ein.. . fittne!!" my hend
~nd [te"l tho dey ane) )/eAr 1'1"1. FI~oYe written. mnnHl B. Flume '!'B"If' INDFN'I'lTRF, ':~pd" th1~ 1ltn <'IAV of .TBn1J1lJ".I' I'll,). Ilf)twflen VU«1TT. c. 1I0J.COI.m 'lnd tl.f.J1.NG}:lJ:
POrr,OHlI, hl:'! wife of the Coullty of GerfieHI. nnd Stete Of Colorado, h"'1'Pinnfter o'lllAa th~ M0:l7tr-8"or, wllOthElr onF) or morA. I'Ind the I.I:mrl 13onk" C"lIlmisfliouc· ...
, YIl.th offieell in the Citv of t{t(~hitn. KFtnS08, acting DlIrsuant to Part '3 of the EmerJ!encyl F~rJn '.fort~aRe p.et of 191" RS amended, hereinafte:r cRlled the Mortgagee. ~\'I'l'tr!;:;>Sl':'!'"
!T: That sula /,!ort<!al!or, for SIl(l in c.onsloerution of the surn of 'rHREF. THOUSAND M~JJ ~1D/lOO (i!:J.,OOO.(10j D01.r.ARS, 1n nand ualrl by the Mort~.aRee. reoeipt or wn1en is
hereby aO!mOVll«d"F)u, haa I1!rantad, baN'ainad and sold, and doas tl.l'th"se nreaents Ilrant, barp'nln, sell Ilnd convev to saidMort"'lll'ee, nIl oi' the follmlinv described "'''01
estnte sitUAtA 1n the {',.ountv of Garfield, lind StotE! of ColorFloo, to-wit: Southwe!!t ~IlRrter (flV!~1 of" Northeast "'lPrter (tJ1\f). Southeast fJunrter (SP,t) of ~"-ol'thwest "1l9J"t·er
OlW?, 8m!theest ".mlrtl'll' (8]\,~) '01' 8ection Ni)ieteen (lq\; 8nuthWflst .... \larter (~!!?;) '"If ~t)uthYiest ':'u"rt.el' f~':) of f:f'ctlon T1¥f'ut.Y (20): Northwest '1llllrtflr
(11'll~) of ~T~l'thW()At .... ~1!1tter f~"I!~) of Section 'l'weut.v-n)ue (2'1\: North Half jlfl) of ~!orth .. nst ,.UI"n'tf'tr (FH"±). NnJ'thell"t 'luflrter (NJ~!) of "'nl'thwast "l.IlAl'ter
O!W,;) of Sp.otion ThIrty {JoT; Southe(1st ".ullrter (ry,~) of R"utnAa~1. (1uflrt.er (f1"~) (If Seotlon Thirty-ona (31) .. ell in 'l'oWnR/li"p SRvcn (7) South, RtlDl':e E1.!!htv-sevfln
(87) 'ife:'!t of tIle :"'bth P:r1ne1nRl. Me:!'lili'm~ T.ota l.\il'h\. (8), Nine (9), "'en (10), El~ven {ll}, Twelve {l21, 'l'hirtefln (111, F"urt.p.en (14) "nd Nineteen (J.9) of ~Al"ltion
Slx (6). Townsnin ~a,,"ht (8) Soutn, Ran<>':1l "Ei."ntY-SIlVAIl II;l?·}.)'(ellt. of~tr.,jl S.l:rt.h. P ... iDClipaL )./wr.iaiR1J; South Half (S~) of Northeast '!ullrter n!;,:,), North
P .. l.f (N~.l of Soutneast:. QUllrte!' (31~~), S"1.1thwost. ~\lart (S':I~) of Section One (11, TownshlD Ei.mt {81 Scouth, Han".e E10>:hty-aight (88) \'lest of' the Sirth Principal MerldHm;
Subject to eX~i'ltln,," r"\".nts of way for dltcl1C!r; Ilnd Dublic rClllus; Contalnlrll~ 1076~52 acres, more or leas. oc()ordinf! to tne U, ~. '}overument SUl'vey thereof': Top;sth",r
with 2/10th of pr10rity No. 16} for 11 cubie feat of weter uer second of time awerded to The Ueedham Dito.h and enlarJ!ement. all priority No. 210 D·."rol' 0.6 ou01n feGt of wa~er Q€lr
second of tHlle awerded to thp Pat. Ropers Feeder Diton, a pro rata Interest 1n each of Bairl ditcnes, seven 40-aore water riMts 1n the ~Iater, reservoir And clitch rlpllts of The Caronndale
Reservoir and Irrigation Company, more 1?erticularly desoribed in the weter deeds from said oomneny, recorded in !JODI'; 91. at Poge 553. I'\'ook" 195 at Pelle 486 , Book 119 at Pe!7e
581, and Boo.k:·191 at Pal!e 69, and 811 1nterast of first parties 1n the letcrel ditohe .... to the sbove described. lands. Uort.Ke".fl rlder attllchen nereto sn!) made a part hereof,
TOilether with All ol"ivlle/!lls, heredituments Iilld appurtenances thereunto belon~inp,. or 1n any wise apocrtainlnr" incluuint!. r.ll watar, 1rrlgatloD n.UO aralna/,!.e rJ.fI"hts of
'1v:ery k"10(1 find des~ription, however eVidencnrl 01' mlfest('!d, and ell rifnts of way, apparotus find fixtures belonp:inf!. to or used In connectlon therewith, wnetner oV/ned b.Y
the Mort.lwrol' flt tile data of this mortp,lIp,n, or thereafter ar.Qu1red. That !';eid above p,ranted prcrn\ses are free and c] ear of all lions and encumllrances whetsoever, exc(!otine:
a firnt mort"al".e to 1')lA FlIucral Land )lank of Wiohita in th" sum: of 97,000.00, doted J'snunrv 11, 194), filed for record on tile 31 day of Mhreh, 1943, recorde<J in Bool<: 208,
PAf'e 200 of th"" recordn in thn office of the County Clark anrl lIRcorder of flarfiAld Count.y, ColoradO. Providoo, thia mort"llre l.S I'J.ven t.o secure the poyment oj! the Mort(1,or,or
to the lIort/1fl~ee, at hil'; offices in the City of Wichita, KanSCHJ of the sum of *),000.00, evidenced by a certatn nromissory note of avon dal.a herewith, executed Ily tho Mort~al'or
to tne Mortp.epee, conditionEld for the paYMcnt of SOld sum, I"/ith interest on 88id prinoipel or unDni~ balance thercof at the rote of fivp. per centum per a.nnum·, .pay-anle Hemi-annuo11.y
on tM' 1st da.y of Uctober omj Aoril 1n eacn yeer; aaid pl"ln01pal BUIJI! beinr-nay-oble on an amortization plan andin Forty (~O) equal, sucoeSSlve aeIOO-annu!ll lnstalments of $75.00
eaCh, the first instalment beinf'( pnyable on ·the 1st day of Ontober, 1943, and lhe raml:nnlnP. lnsl.e.lments betnfl: pe.yaple on eaen succeeding lntero[:t payment date, to ano 1twlu~inp,
the 1st da.I' of April, 196J; ~~ortgall'or to hAve the Pl"ivilee:e, of P~.Ylnf'. ,at any timo one or more instalmentn of principal, or th", ontlre unpsld balance of said principal sum,
'SUCIl addit10nal principal payments, if mflde, operatln(l to disctlal"r,fl the debt seoured hereDY I)t an earlier date and not reduc'1nr, the
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EXHIBIT "All '1'0 WARRANTY UEID BETWEEN HARTBA ~. CROUCH (GRANTOR, AND ASPEN SKIING COHPANY, A GBNERAL PARTNERSHIP (GRANTEE) A parcel of land situated in Lot 7 and t~e SE~ ot section
19, Township 7 south. Range 87 West of the Sixth principal Meridian, county of Garfield, state of Colorado; said parcel being more particularly described as follows: Commencing at the
East quarter corner of said Section 19, a rebar and cap L.S. #5447 in place; Thence N 88°47'31" W 359.96 feet to a point on the southerly right-or-way of county Road No. 102, also being
the Northwest corner of that property described in reception No. 247894 of the Garfield county Clerk and Recorder's office; the true point of beqinning; thence leaving sa;'d southerly
right-of-way S 02°46'58" W a10n9 the westerly line of said Recepti~n No. 247894 624.47 feat to the Southwest corner of said Reception No. 247894; thence S 76'29'13" E along the southerly
line of s.aid Reception NO. 247894 6.26 feet to a point in an existing fence; thence leaving said southerly line along said existing fence line and exis~ing fence line ex-tended tbe
following four (4) courses: 1. S 02-56'25" W 28.48 feet 2. S 10·09'14" W 502.31 feet 3. S 78-05'22 11 W 9.65 feet 4. S 07.01'23 11 W 405.44 feet to a point on the northerly' line of
that property known as the Stoner Property; thence N 84°22'51" W along said northerly line 974.33 feet to a point on the easterly right-oC-way of County Road No. 100; thence the following
three eJl courses along said easterly right-ot-way: 1. N 00.59'17" W 1338.19 feet 2. N 27~56'28" E 46.58 feet 3. N 44-36'57 11 E 134.94 feet to the point of intersection with the southerly
right-ot-way of County Road No. 102; thence leaving said easterly right-of-w _ y s 88-36'06" .E a10nq the southerly right-of-way of county Road No. 102 409.07 teet; thence continuinq
along said southerly l"iqht.-of-way S 69°16'16" E 640.49 feet to the true point of beginningi said p6rcel containing 37.752 acres, more or less. RESERVING, HOWEVER, to the Grantor a
perpetual, non-exclusive access easement not to exceed 25 feet in width along and parallel to the south boundary of the above described real property ('IProperty"). Said. easement shall
be appurtenant to Grantor's contiguous property located .easterly of the property and shall serve solely as a means of ingress and egress for such property to and trom county Road 100.
Grantor, her succe$sorS or assigns, shall be solely responsible tr'Jr the cost of constructing the road aCross the Property and shall consult with Grantee, p.t'ior to Commencement of
construction as to the actual wiclth of the road surface, the road base materials to be used and the location or relocation of any drainage, waste water or irrigation ditches affect~d
by the construction of the 8cceso road. At Grantee's request following the construction of the accesS road, Grantor shall, at Grantor's expensB, construct a barbed ~ire fence along the
northerly easement boundary. The Property is hereby conveyed subject to the followlny covenants and restrictions, which covenants and restrictions shall apply to and run with said rroperty:
T~e Property may not be subdivided into sMdJler parcels of land and shall be restricted to one single family clwelling, a guest house of up to 1,000 square teet in size, Q' barn and
accessory buildings as may be permitted by the applicable Garfield County zoning regulation. 126u.
BXHIBIT "Bu TO WARRANTY DEBD BRTWBBN MARTHA A. CROUCH (GRANTOR) AND ASPEN SKIING COMPANY, A GENERAL PARTHBRSUIP (QRANTEB) 1. Right of the proprietor of a vein or lode to extract or remove
his ore therefrom, should the same be found to penetrate or intersoct the premises as reserved in United states Patent recorded ~une 23, 1902, in Book ~6 at Page 458 and recorded August
15, 19Q7 in Book 56 at page 584. 2. Right of way for ditches or canals constructed by the authority of the United States as reserved in Ul:ited states patent recorded June 23, 1902,
in Book 56 at Page 458 and recorded August 15, 1907 in Book 56 at Page 584. 3. Reservations of an undivided one~half of all oil, gas and other minerals and mineral rights in, upon and
under subject property, together with the right to ingress and egress as reserved in instrument recorded" October 6, 1943, and any and all assignments thereof or interests therein. 4.
Reservations of an undivided one-half of all minerals, including, but not limited to, oil, gas and other hydrocarbon materials, in,. under and upon subject property, together with the
right of ingress and egress as reserved in instrument recorded July 15, 1960 in Book 328 at Page 276, and any and all assignments th~reof or interests therein. 5. Easements and rights
of way for the Needham Ditch and/or F.E. Needham nitch. 6. Overhead electric lines and ditches as shown on the survey prept'l.red by Hiqn Country Engineers, Inc., dated November 4, 1993.
UUI.
1111111111111111111111111111111111111111111111111111111 !IIeTS 11/30/2000 01,2TA B1115 P211 " ALSDOR~ 1 ., S R 40.00 D 0.00 GARFIELD COUNTY CO DITCH AGREEMENT THIS AGREEMENT is made
and entered into this 20th day of June, 2000, by and between: ERIC CALDERON and A. NEWTON BARTLEY 11 (hereinafter referred to as "Calderon & Bartley"), whose address is 5644 County Road
100. Carbondale, Colorado 81623; JAKE STONER and CAROLYN STONER (hereinafter referred to as "Stoners"), whose address is 5600 County Road 100. Carbondale. Colorado 81623; GEORGE STRANAHAN
(hereinafter referred to a.'1 "Stranahan'") whose address i. P.O. Box 70, Woody Creek, Colorado 81656; and FELIX TORNARE and SARAH TORNARE (hereinafter referred to as "Tomares") whose
address is 0436 Paseo Road, Carbondale. Colorado 81623. Recitals A. The parties are the owners of certain properties located within Garfield County, Colorado. in an arca commonly known
as Missouri Heights. The parties' properties are further described as follows: (1) Calderon & Bmtley's property is described on Exhibit A to a Quit Claim Deed from Eric Calderon to Eric
Calderon and A. Newton Bartley II, as joint tenants, dated June 11, 1995, which Quit Claim Deed was recorded in the Garfield County real estate records on June l3, 1995 in Book 943 on
Page 751, Reception No. 479292. Calderon & Bartley's property consists of approx.imately 37.7 acres. (2) Stoners' property is described in a Quit Claim Deed from Jakc Stoner to Jake
Stoner and Carolyn Stoner. as joint tenants, dated August 26, 1988, which Quit Claim Deed was recorded in the Garfield County real estate records on AugU$t 26, 1988 in Book 739 on Page
999, Reception No. 394835. Stoners' property consists of approximately 13.04 acres. (3) Stranahan's property is described on EJthibit A to a Warranty Deed from Belinda Brownwell to George
Stranahan dated October 30, 1997. which Warranty Deed was recorded in the Garfield County real estate records on November 12, 1997 in Book 1042 on Page 64, Reception No. 516320. Stranahan's
property consists of approximately 23.45 acres. (4) Tomares' property is described on Exhibit A to a Warranty Deed from Jolilaka, L.L,C. to Felix Tomare and Sarah Tomare, as joint tenants,
dated August 20, 1999, which Warranty Deed was racorded in the Garfield County real estate records on August 24, 1999 in Book 1147 on Page DO, Reception No. 551001. Tornares' property
consists of approximately 86.95 acres. B. The parties each own shares of stock in the Needham Ditch Company, a Colorado mutual ditch company. These shares of stock entitle the parties
to use water from the Needham Ditch to irrigate their properties. The parties' ownership inlerests in the Needham Ditch Company STONER-D'I~h "'g~ellleOI') Page J a/a Please Returq To:
Caloia. & Houpt,. P.e. 1204 Grand Avenue Glenwood Springs, CO 81601
111111111111111111 1111111111111111111111111111 11111111 SIII11 el/3l/200e 01,27A 11115 P217 " ALSDORF 2 0' • R 4B.Be D B.0e GARFIELD COUNTY CO are currently as follows: Name Shares
of Needham Ditch Stock Calderon & Bartley Stoners Stranahan· Tomares 197 27 47 80 ·Stranahan's shares are held in the name of Belinda Brownell. C. Certain parties also own shares ofslock
in thl.} Missouri Heights Mountain Meadows lITigation Company ("MHMMIC'1, another Colorado mutual ditch company, which shares entitle the parties to irrigate their properties with waters
stored in Mountain Mcadow Reservoir. The parties' current dwnership interests in the MHMMIC are as follows (all are A shares); Name Calderon & Bartley Stoners Stranahan· Tomares Shares
of MHMMIC "A " Stock 32 78 78 157 ·Stranahan's shares are held in the naffi{.1 of Belinda Brownell. D. Water delivered to each of the parties from the Needham Ditch and the Mountain
Mcadow Reservoir is transported to the parties' properties via a shared lateral diteh whieh extends from a point about SOO feet north of County Road 102 and runs in a southerly direction
across the partics' properties (the lateral ditch first enters Calderon & Bartley's property. then proceeds in a generally southerly direction along the boundary between Stranahan's
and Stoners' properties, and terminates on Tomares' property). E. The parties wish to enter into an agreement whereby they will share the costs of constructing a new piped lateral for
the purpose of delivering irrigation water to the parties' properties, The parties also wish to agree that each party will receive a portion of tbe total water available to the panics
from such lateral in proportion to the percentages set forth in this agreement, and irrespective orlhe parties' respective ownership interests in the Needham Ditch Company andlor tbe
MHMMIC, The parties also wish to enter inlo an agreement regarding the sharing of future expenses for operation and maintenance of the new lateral. Lastly. parties wish to agree to certair.
conditions upon the right of any one or more of the parties to change the points of diversion, places of use or types of use STONER-Ditch Agrecnrnl-I Pllg,11l!8
1111111111111111111111111111111111111111111111111111111 58!.78 01/30/2000 09,27A 811lB Pal. " ALSDORF 3 .r 8 R 40.00 D 0.00 GARFIILD COUNTY CO water owned by allY party by virtue oflhe
mutual ditch company shares which are listed above. WHEREFORE, in cOfll!iider.Jlion of the mutual promises contained herein. the parties further agree as follows: J. Ownersblp of shares.
The parties agree that the division of ownership interests in the Needham Ditch Company andlor the MHMMIC is accurately set forth above in the above Recitals. Nothing herein shall be
construed as a transfer of any one party's above-described interest(s) in such mutual irrigation company shares. nor shall any onc or more partics be entitled to claim ownership of any
other party's shares due by virtue of this agreement or otherwise by adverse use. Each party shall continue to timely pay ditch assessments owing with regard to such party's Ghares in
either mutual ditch company as such amounts become due from time to time. 2. SharJug DC costs for ~ew piped Irrigadon system. The parties agree that all costs of constructing a new piped
lateral system for the purpose of delivering irrigation water to the parties' properties (as such system is gener&lIy described on the attached Exhibit A) shall be shared by the parties
according to the following percentages: Calderon & Bartley Stoners Stranahan Tamares 32.5% 9.6% 19,3% 38.6% 3. Distribution otwater Crom lateral plpeliue. The parties also agree that
water delivered to the intake: of the new lateral pipeline by the Needham Ditch Company andlor the MHMMIC shall be shared by tho parties in proportion to the percentages set forth in
the preceding paragraph 2. These percentages were calculated· based upon the parties' respective inigated acreage, and the partios do not intend to rotate available water supplies. 4.
Engineered system. A qualified hydrologist Of water engineer wi1l be employed by the parties to confinn that the new piped lateral system described herein will actually dilitribute available
water to the parties according to the percentages set forth above in paragraph 2. TIle parties agree to follow the hydrologist/engineer's recommendations regarding the size and diameter
of pipes. nozzles and sprinklers, in order to ensure that water is distributed accordillg to the agreed upon percentages. The hydrologist/engineer's fees, and the costs of any additional
measuring devices, splitter boxes or any other equipment recommended by the hydrologist/engineer. shall also be shanxi by the parties according 10 the percentages sct forth in paragraph
2. Although the hydrologi&Vengineer will coufinn the actual irrigation to be used to irrigate each party's property. the parties anticipate that there will be one side roll and one irrigation
gun (or two guns) located upon Calderon & Bartley's property. one STONER·l)jll:h AlrtetTlelll·1 PfJgtJ 0[8
1111111111111111111111111111111111111111111111111111111 saBa7a 01/30/2100 e8,27A 11195 P211 " ALSDOR~ 4 ., B R 40.00 D 0.00 GARFIELD CQIlIiTY CO gun on Stoners' property, two guns on
Stranahan's property. and one side roll and one gun (or two guns) located upon Tomares' property. as generally depicted on the attached Exhibit A, and subject to change based upon the
hydrologist/engineer's recommendations. 5. Limitations OD use uflrrigation equipmeDt. Calderon & Bartley and Tomares agree that. to the extent that either of their properties are to
be irrigated by both a side roll and irrigation gun(s). neither Calderon & Bartley nor Tomares will operate their side roll and gun(s) simultaneously, in order to conserve available
water supplies for the benefit of all parties to this agreement. 6. Shortages or surpluses. Any excesses or shortages of water available at the intake to the shared lateral pipeline
shall be allocatcd among the parties according to the percentages listed above in paragraph 2. 7. Cbanges of water rich,s. Any party to this agreement may seek to change the places of
use or types of use of irrigation water obtained by such party from the Needham Ditch Company or the MHMMIC, provided that any such change shall be accomplished in a manner which ensures
that the other parties' abilities to obtain water from the shared lateral pipeline system in the relative percentages described above in paragraph 2 shall not be hindered. The cost of
any additional equipment or other measures necessary to ensure that the other parties will not be injured by any proposed change shall be borne by the party secking the change. After
any such change by anyone or more parties, this agreement shall continue to govcrn any parties to this agreement who continue to irrigate their properties with water provided by the
Needham Ditch Company and/or the MHMMlC. 8. Reciprocal easements. The parties hereby grant each other reciprocal easements for the pUIJmses of construction, operation, maintenance, repair
andlor replacement of the shared lateral system generally described on the attached Exhibit A. Sueh easemcnts shall be sufficient in scope to provide reasonable and necessary access
to such system for such purposes. Such easement shall automatically tenninate at such time as all parties to this agreement cease using the waters described herejn for irrigation purposes,
. 9. Operation and maintenance expensC5. The parties shall share operation and maintcnancQ expenses associated with the shared lateral pipe system described herein in proportion to the
percentages set forth above in paragraph 2. However, the parties' separate irrigation equipment (i.e. hoses or pipelines running from the common lateral pipeline to sprinklers, gun9,
or side rolls, as well as the sprinklers, guns and side rolls), shall be operated and maintained solely by the party benefited by such equipment. In other words, that parties intend
that all parties to this agreement shall pay a proportionate share (according to the percentages in paragraph 2) of aU expenses associated with operation and maintenance of the lateral
pipeline running from the shared STONER·Pllcl! Agrccmclll-l Pogeloj8
1111111111111111111111111111111111111111111111111111111 SI517S 01/30/20"0 ""a7A IIIIS ,220 " AlSDORF ! or 8 R 40,00 D 0,0fl GAllFIELD CDLllTY CD intake to the points at which separate
hoses or pipelines deliver water to each party's irrigation equipment (e.g. gWIS. sprinklers, or side rolls). Each party shall be individually responsible for operation and maintenance
costs associated with all equipment, such as separate hoses or pipelines. which is used to deliver water to that party's fields from the shared pipeline. 10. Binding effect. The parties
intend that the covenants. conditions and restrictions contained in this agreement shall be appurtenant to and run with title to the parties' properties. and shall otherwise be binding
upon, and inure 10 the benefit of, the parties, their heirs, successors andlor assigns. A fully executed copy oflhis agreement will be recorded in the real property records of Garfield
County. Colorado. 11. Amendments. This agreement may only be amended by a written document signed by all parties and recorded in the rea] property records of Garfield County, Colorado.
12. Periodic adjustmenb tl) system. The parties agree that the irrigation system described herein shall be periodically adjusted ~ccording to the recommendations of a hydrologist/engineer
to ensure the proper allocation of water in the percentages set forth above in paragraph 2 and to confomI to any new technology. 13. Interpretation. This agreement shall be interpreted
according to the laws of the State of Colorado and otherwise in accord with nonnal industry standards. 14. Notices, Any notices pursuant to this agreement shall be delivered to the parties
via U.S. Mail at the addresses listed at the top of the first page of this agreement or to the address of any succcssor*in-interest'at such addr~ss(cs) as may be listed in the shareholders
lists of either the Needham Ditch Company or the MHMMIC 15. Dispute resolutiou; attorneys' fees and costs. Any dispute regarding the tenns oflhis agreement shall be submitted to binding
arbitration before a sole arbitrator pursuant to the provisions of the Colorado Unifonn Arbitration Aet of 1975, Colo. Rev. Stat. §§ 13-22-201 to 223. If the parties to any such dispute
cannot agree upon an .arbitrator, any party to such dispute may petition the Garfield County District Court to appoint an arbitrator pursuant to Colo, Rev. Stat. § J 3-22*205. All hearings
shall take place in Garfield County, Colorado. The arbitrator shall have discretion to allocate his or her fees and expenses among the parties pursuant to Colo. Rev. Stat. § 13-22-212.
The arbitrator shall also award the prevailing pany or parties reasonable costs and attorneys' fees. The Garfield Counly District Court may confiTm any arbitration award as an Order
of the Court pursuant to Colo. Rev. Stat. § 13-22-213, whieh Order shall be enforceable to the same extent as any other civil judgment of the Garfield County District Court ll-lONER·Dltch
Agreement.! P(JgeJo/8
111111111111111111 1111111111111111111111111111111111111 585871 11/31/2000 '1,27A BII15 P221 " ALSDORF 1 of 8 R 40.10 D '.00 GARFIELD CQIlNTY CO IN WITNESS WHEREOF. the parties hereto
have executed this Agreement on the day and year firs' wri~ Eric Calderon ~;r ~-~< ~foner ! Jt!A~1 .j}-bweJ Carolyn Ston ? ix Tomare Acknowledgements all following pages: SlONE·R·Dittb
Agreement_j Ptlgdoj8
1111111111111111111111111111111111111111111111111111111 515176 ee/3B/2eae e1127A 1111' P222 " ALSDORF 7.' a R 40,00 D 0,00 GIIRPI!1.D COUNTY co STATE OF COLORADO COUNTY OF Garf. ,I j
) ss: ) ommission expires: .~"'1on4~ '--1f..;~f}= )-~ Notary Public STATE OF COLORADO ) ) ,,; COUNTY OF ) ."... On th~ :2yl day of .:J 4 11& .2000, before me. the undersigned officer,
personally appeared A. NEWTON BARTLEY II, known to me (or satisfactorlly proven) to be Ule person whose name is subscribed to the wilhin instrument and acknowledged that he executed
the same for the purposes therein contained. In witness whereof. I hereunto set my hand and official st.'<ti. My COmmi ... n e.pr .. 0iIl8/lOO2 My Commission expires: ______ """''''.
"m"w~'''':J ' " '~ C <=. ,.L .:/';;';S' COUNTY OF a.rH" ) '~.:.\\~ ..... I, ~: rlA '.: .....:.-"~i' ; On this~ day of ~. 2(x(), before me, the undersigned officer. pcrsonall):"'" <J
,. '" ."" I"~ ~_ A --, /A,.", \" ; appeared JAKE STONER aod AROLYN STONER, known to me (or Satisfactorily proven) to be~~i'-::;:"<_' . the persons whose names are subscribed to the wilhin
instrument and· acknowledged that they·· ~ '-... '~ .. executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. __ "10J2~/2OOD
My Commission expires; . STQNE·R·Ditch A~\·l Puge 101' NO~
STATE OF COLORADO COUNTY OF ":i>.t\:".", ) ) ,,: ) 1111111111111111111111111111111111111111111111111111111 5Ie078 eo/3D/21ee 18,27A 8111e P223 " AUSDORF 8 of 8 R 41.08 D B.ee GARPIELD
COUNTY CO On this U"tay of M ""1 ' 2000, before me, Ibe wxJersigned officer, personally appeared GEORGE STRANAHAN. known to me (or satisfactorily proven) (0 be the person whose name
is subscribed to the within instrument and acknowledged that he ex.ecuted the same for die purposes therein contained. In witness whereof, I bereunto set my hand and official ~Ciall'm'J"il
.. . I \ ;,,:,~,::?;;~X"";/~;~~" My Comnusslon expltcs: '4,'lJ'\ "1..DO,!. . /""~:')' -~. c"':'<~ ~ c-::-LlLf ,f :-:, i \~ 25~ts~ .. 4,.~ Ii (0 :~.~ Notar)1PUbii '<:~.;-.. ~ .... ~:.~
.. :<~. ~~/STATE OF COLORADO ) ."" '.': .. ,.:.! ... ) 58; COUNTY OF C~rA',j'" ) On this ~daY of Ju .. e , 2000, before me, the undersigned officer, personally appeared FELIX TORNARE
and SARAH TORNARE, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the pluposes
therein conmmed. In witness whereof, I hereunto set my hand and official seal. ~ CtaniJIkn eqte= tcr.~n~oo My Commission expires: . STONS-R-Ditcb~I.1 P~ge6r>18
B 1004-268 S~~rsTitle ALTA Commitment For Title Insurance American Land Title Association (1966) AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 231 MIDLAND AVENUE, SIDTE 103 BASALT, CO
81621 970-927-4993-PHONE 970-927-4096-F)LX 888-340-4343-TOLL FREE E-MAIL ADDRESS: TITLE MATTERS: CLOSING MATTERS: Kim Shultz Jennifer Stepisnik email kim@sopris.net Nola Warnecke email
nola@sopris.net Issued By jJ;~TItle .. "1:SU~"'NCr: eO,"p'ORAnON Home Office: 1(11 Gateway Centre Parkway, Gateway One Richmond, Vu-ginia 23235-5153 1-800-446-7086 email pctb@sopris.net
COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: October 7, 2009 at 8:00 AM 2. Policy or Policies to be issued: (a) ALTA Owner's Policy~(6/17/06} Proposed Insured: MELISSA
WIGHT (b) ALTA Loan Policy-(6/17/06} Proposed Insured: (c) ALTA Loan Policy-(6/17/06} Proposed Insured: Case No. B5284L2 Rate: Re-Issue Amount$ 0.00 Premium$ 0.00 Rate: Amount$ Premium$
Rate: Tax Certificate Fee: $20.00 3. Titie to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: ERIC
CALDERON and A. NEWTON BARTLEY II 4. The land referred to in this Commitment is situated in the County of GARFIELD State of COLORADO and is described as follows: See Attached Exhibit·
A· PITKIN COUNTY TITLE, INC. 601 E. HOPI<INS, ASPEN, co. 81611 970-925-1766 Phonej970-925-6527 Fax 877-217.,3158 Toll Free AUTHORIZED AGENT m Schedule A-PG.1 This Commitment is invalid
unless the Insuring Provisions and Schedules A and B are attached.
EXHIBIT "A" LEGAL DESCRIPTION A parcel of land situated in Lot 7 and the SEX of Section 19, Township 7 South, Range 87 West of the Sixth Principal Meridian, County of Garfield, State
of Colorado; said parcel being more particularly described as follows: Commencing at the East quarter comer of said Section 19, a rebar and cap L.S. #5447 in place; Thence N. 88°47'31"
W 359.96 feet to a point on the Southerly right-of-way of County Road No.1 02, also being the Northwest comer of that property described in Reception no. 247894 of the Garfield County
Clerk and Recorder's Office; the true point of beginning; thence leaving said southerty right-of-way S 02°46'58" W along the westerly line of said Reception No. 247894, 624.47 feet to
the Southwest comer of said Reception No. 247894; thence S 76°29'13" E along the southerly line of said Reception No. 247894, 6.26 feet to a point in an existing fence; thence leaving
said southerly line along said existing fence line and existing fence line extended the following four (4) courses: 1) S 02°56'25" W 28.48 feet 2) S 10°09'14" W 502.31 feet 3) S 78°05'22"
W 9.65 feet 4) S 07°01'23" W 405.44 feet to a point on the northerly line of that property known as the Stoner Property; thence N 84°22'51" W along said northerly line 974.33 feet to
a point on the easterly right-of-way of County Road No. 100; thence the following three (3) courses . along said easterly right-of-way: . 1) N 00°59'17" W 1338.19 feet 2) N 27°56'28"
E 46.58 feet 3) N 44°36'57" E 134.94 feet to the point of intersection with the southerly right-of-way of County Road No. 102; thence leaving said easterly right-of-way S 88°36'06" E.along
the southerly right'of-way of County Road No.1 02, 409.07 feet; thence continuing along said southerly right-of-way S 89°16'16" E 640.49 feet to the true point of beginning.
SCHEDULE B -SECTION 1 REQIDREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration
for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to-wit: 1. Release by
the Public Trustee of the, Deed of Trust from : ERIC CALDERON and A. NEWTON BARTLEY II to the Public Trustee of the County of Garfield for the use of : WELLS FARGO BANK, NA original
amount .. dated recorded : March 9, 2005 in Book 1668 at Page 914 reception no. : 669929 2. Release by the Public Trustee of the, Deed ofTrust from : ERIC CALDERON and A. NEWTON BARTLEY
II to the Public Trustee of the County of Garfield for the use of : ALPINE BANK original amount dated recorded reception no. : September 29, 2006 : October 13, 2006 in Book 1852 at Page
479 : 708856 3. Duly executed and acknowledged Deed, From : ERIC CALDERON AND A. NEWTON BARTLEY II To : MELISSA WIGHT 4. Completion of Form DR 1079 regarding the withholding of Colorado
Tax on the sale by certain persons, corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to be recorded) 5. Evidence satisfactory to
the Company that the Declaration of Sale, Notice to County Assessor as required by H.B. 1288 has been complied with. (This instrument is not required to be recorded, but must be delivered
to and retained by the Assessors Office in the County in which the property is situated) 6. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required
to be recorded)
SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights
or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines,
shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to
a lien, for services, labor, or material heretofore or hereafter fumished, imposed by law and not shOwn by the public records. 5. Defects, liens, encumbrances, adverse claims or other
matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for
value the estate or interest or mortgage thereon covered by this Commitment 6. Taxes due aQd payable; and",any tax, special assessment, charge or lien imposed for water or sewer service
or folany other speCIal taxing district. 7. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the
premises hereby granted and right of way for ditches or canals constructed by the authority of the United states as reserved in United States Patent recorded June 23,1902 in Book 56
a-t -P=age-4-58_and recorded-A_ugu ..s...t. .1..5. ,_ 1...9 07 in B"O'OK.5"6 .afPa.ge .5.. ..8. -4.'-----....... .... ...... 8. Reservations of an undivided one-half of all oil, gas
ansLother minerals and mineral rights in, upon and under subject property, togetherWiih the rigliff6 ,ii'gress and egressasreserVeifin-fnStrument n~coraed October 6, 1943 in Book 208
at Page..43.:1, and any and all assignments thereof or interests therein. . -------~--.... -.""-.. -"'. . -, 9. Reservations of an undivided one-half of all minerals, including, but
not limited to oil, gas and other hydrocarbon materials, in, under and upon subject property, together with the right of ingress and egress as reserved in instrument recorded July 15,
1960 in Book 328 at Page 276 and any and all assignments thereof or interests therein. .. ... . .. 10. Easements and rights of way for the Needham Ditch and/or F.E. Needham Ditch. 11.
Overhead electric lines and ditches as shown on the survey prepared by High Country Engineers, Inc., dated November4, 1993. 12. Perpetual, non-exclusive access easement not to exceed
25.00 feet in width along and parallel to the south boundary of subject property, as reserved in Warranty Deed recorded December 2, 1993 in Book 884 at Page 521. (Continued)
SCHEDULE B SECTION 2 EXCEPTIONS -(Continued) 13. Restrictions which do not contain a forfeiture or reverter clause as contained in Warranty Deed recorded December 2, 1993 in Book 884
at Page 521, which provide substantially that: A The property may not be subdivided in to smaller parcels of land. B. The property is restricted to one single family dwelling, a guest
house of up to 1,000 square feet in size, a bam and accessory buildings as may be permitted. 14. Terms, conditions, provisions and obligations as set forth in Ditch Agreement recorded
June 30, 2000 in Book 1195 at Page 216.
ENDORSEMENT SCHEDULE FOR OWNERS POLICY ATTACHED TO AND BECOMING A PART OF CASE NO: B5284L2 SELLER: ERIC CALDERON and A. NEWTON BARTLEY II BUYER: MELISSA WIGHT The following endorsements
will be issued in connection with the PolicY to be issued hereunder as referenced above: ENDORSEMENTS: For a fee of: $ For a fee of: $ For a fee of: $ For a fee of: $ For a fee of: $
Exceptions Numbered 1,2, 3 and 4 will be deleted from the final Title Policy, upon compliance with the requirements set forth below. Exception Number 5 is automatically deleted upon
recordation of the documents called for on the requirement page of this commitment . THE FEE FOR DELETING EXCEPTIONS 1 THRU 4 OR ANY PREPRINTED EXCEPTION IS: $50.00 Exception Number
6 will be amended to read: Taxes for the current year not yet due or payable, upon evidence satisfactory that the Taxes for the prior year(s) have been paid. NOTE: A satisfactory affidavit
and agreement indemnifying the Company against unfiled mechanic's and material mens liens, executed by the seller and any additional parties deemed necessary by the Company. The company
hereby reseNes the right to make additional requirements as may be deemed necessary in the event additional facts regarding development, construction or other building or work are disclosed
to the company that may fall within any lien period as defined in the Statutes of the State of Colorado, and may result in additional premiums and/or fees for such coverage. NOTE: A
current sUNey, certified by a Registered Colorado Lana SUNeyor must be delivered to, approved and retained by the Company for Deletion of Printed Exception No.3. (NOT REQUIRED FOR CONDOMINIUM
OR TOWN HOME UNITS)
ADDmONAL INFORMATION AND DISCLOSURES The OWner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any,
required under Schedule B-Section 1. (2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant
to Insurance Regulation 89-2 NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a
condominium or townhouse unit) {il of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or material mens
liens, except when said coverage or insurance is extended to the insured under the temns of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled
mechanics' andlor Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others
requirements to be specified by the Company upon request, Pre-printed Item Number4 may be deleted from the Owner's pOlicy when issued. Please contact the Company for further information.
Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or material mens lien coverage.
NOTE: If the Company conducts the owners or loan closing under circumstances where tt is responsible for the recording or filing of legal documents from said transaction, the Company
will be deemed to have provided "Gap Coverage". PUlSuantto Senate Bill 91-14 (CRS 10-11-122) (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate
of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent; (c) Information regarding Special Districts and the
boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: A tax Certificate or other appropriate
research will be ordered from the County· Treasurer by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the
company prior to the issuance of the Title Por.cy anticipated by this Commitment PUlSuant to House Bill 01-1088 (CRS 10-11-123) If Schedule B of your commitment for an OWner's Title
Policy reflects an exception for mineral interests or . leases, pursuantto CRS 10-11-123 (HB 01-1088), this is to advise: (a) There· is recorded evidence that a mineral estate has been
severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or ali interest in oil, gas, other minerals or
geothermal energy in the property and (b) That such mineral estate may include the right to enter and use the property without the surface owners' permission. NOTE: The policy(s) of
insurance may contain a clause permitting arbitration of claims at the request of either the Insured orthe Company. Upon request, the Company will provide a copy of this clause and the
accompanying arbitration rules prior to the closing of the transaction.
PITKIN COUNTY TITLE, INC. 231 MIDLAND AVENUE, SUITE 103 BASALT, CO 81621 970-927-4993/970-927-4096 FAX WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE ARE
AS FOLLOWS: ALPINE BANK-BASALT 137 MIDLAND AVENUE BASALT, CO 81621 ABA ROUTING NO. 102103407 FOR CREDIT TO: PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT ACCOUNT NO. 5050 051144 REFERENCE:B5284L2IMELISSA
WIGHT
Pitkin County Title, Inc. Privacy Policy We collect non public information about you from the following sources: • Information we receive from you, such as your name, address, telephone
number, or social security number; • Information about your transactions with us, our affiliates, or others. We receive this information from your lender, attorney, real estate broker,
etc.; and Information from public records We do not disclose any non public personal information about our customers or former customers to anyone, except as permitted by law. We restrict
access to non public personal information about you to those employees who need to know that information to provide the products or services requested by you or your lender. We maintain
physical, electronic, and procedural safeguards that comply with appropriate federal and state regulations. .
Effective Date: 5/1/2008 Fidelity National Financial, Inc. Privacy Statement Fidelity National Financial, Inc. and its subsidiaries ("FNF") respect the privacy and security of your non-public
personal information ("Personal Information") and protecting your Personal Information is one of our top priorities. This Privacy Statement explains FNF's privacy practices, including
how we use the Personal Information we receive from you and from other specified sources, and to whom it may be disclosed. FNF follows the privacy practices described in this Privacy
Statement and, depending on the business performed, FNF companies may share information as described herein. ' Personal Information Collected We may collect Personal Information about
you from the following sources: • Information we receivll from you on appHcations or other forms, such as your name, address, social security number, tax identification number, asset
information, and income information; • Information we receive from you through our Internet websites, such as your name, address, email address, Internet Protocol address, the website
links you used to get to our websites, and your activity while using or reviewing our websites; • Information about your transactions with or services performed by us, our affiliates,
or others, such as information concerning your policy, premiums, payment history, information about your home or other real property, information from lenders and other third parties
involved in such transaction, account balances, and credit card information; and • Information we receive from consumer or other reporting agencies and publicly recorded documents. Disclosure
of Personal Information We'may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) to various individuals and companies,
as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following:
• To insurance agents, brokers, representatives, support organizations, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity,
fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction; • To third-party contractors or service providers for the purpose of determining your
eligibility for an insurance benefit or payment and/or providing you with services you have requested; • To an insurance regulatory authOrity, or a law enforcement or other governmental
authOrity, in a civil action, in connection with a subpoena or a governmental investigation; • To companies that perform marketing services on our behalf or to other financial institutions
with which we have joint marketing agreements and/or • To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest
must be determined, settled, paid or released prior to a title or escrow closing. We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure
is reasonably necessary to comply with the law or to protect the safety of our customers, employees, or property and/or to comply with a judicial proceeding, court order or legal process.
Page 1 of2
Effective Date: 5/1/2008 Disclosure to Affiliated Companies -We are permitted by law to share your name, address and facts about your transaction with other FNF companies, such as insurance
companies, agents, and other real estate service providers to provide you with services you have requested, for marketing or product development research, or to market products or services
to you. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable
law, unless such disclosure is otherwise permitted by law. Disclosure to Nonaffiliated Third Parties -We do not disclose Personal Information about our customers or former customers
.to nonaffiliated third parties, except as outlined herein or as otherwise permitted by law. Confidentiality and Security of Personal Information . We restrict access to Personal Information
about you to those employees who need to know that information to provide products or services to you. We maintain physical, electroniC, and procedural safeguards that comply with federal
regulations to guard Personal Information. Access to Personal Information! Requests for Correction, Amendment, or Deletion of Personal Information As required by applicable law, we will
afford you the right to access your Personal Information, under certain circumstances to find out to whom your Personal Information has been disclosed, and request correction or deletion
of your Personal Information. However, FNF's current policy is to maintain customers' Personal Information for no less than your state's required record retention requirements for the
purpose of handling future coverage claims. For your protection, all requests made under this section must be in writing and must include your notarized signature to establish your identity.
Where permitted by law, we may charge a reasonable fee to cover the costs incurred in responding to such requests. Please send requests to: Changes to this Privacy Statement Chief Privacy
Officer Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, FL 32204 This Privacy Statement may be amended from time to time consistent with applicable privacy laws.
When we amend this Privacy Statement, we will post a notice of such changes on our website. The effective date of this Privacy Statement, as stated above, indicates the last time this
Privacy Statement was revised or materially changed. Page 2 of2
ISSUED BY COMMIIMENT FOR TITLE INSURANCE Ie, ~rsTitle ... _ INSU!\A"ICE ----.-.~.-., LAWYERS ntle Insurance CORPORATION, a Virginia corporation, herein called the company, for valuable
conskleration, hereby commits to issue its policy or pOlicies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee
of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules
A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed
for have been inserted in Schedule A hereof by the Company. either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the
issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and tenninate six (6) months after the effective date hereof or when the
policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the company. This Commitment shall
not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, LAWYERS TITlE INSURANCE CORPORATION has caused its corporate name and seal to be hereunto
affixed by tts duly authorized officers, the Commttment to become valid when countersigned by an authorized officer or agent of the . Company. 11111//Attest (/-cJ!,.. l/. &//./,--t Secretary
V ----.... ~-~ \W.'SuA-4"'.r~_lo ;F~'\i"""-~ "0 "lJ. ~"l _.-''''"~ ,;: ..~.. :! S£:A:t\;~~,l: ~~::' j~~ \~\ 1925 /~! " ~ . .E II,~~ LAWYERS TITLE INSURANCE CORPORATION "rd~ _. Conditions
and Stipulations 1. The tenn "mortgage," when used herein, shall include deed oftrust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge
of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof,
and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liabili.ty for any loss or damage resulting from any act of reliance hereon to
the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires
actual knowledge of any such defect, lien, enCumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment
shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall
be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance
hereon in under taking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest
or mortgage thereon oovered by this Commttment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is
subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the fonn of policy or policies committed for in favor of the proposed Insured which
are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured
may have or may brtng against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based
on and are subject to the provisions of this Commitment. AlTA Commitment-1966 Cover Page Fonn 1004-268 ORIGINAL
~.;. )~~K~ .. :. i.~ l' ~JIII(1)1"(07t AND o/L!!lX Def1'D:.~ P .... TlDN't'._I'bI o..~\V_ t"""Ils4"~"" ~ co., Ool"""'" !{prI ....... Col ... ""l THE UNITED STATES OFAMERICA. :r:.?~.
·t o'1': ..... ,).JI • CtrlIflCiJft 11t>.Zo. u~i.lA.~.>..A . To ALI:.. TO WHOM THESE PRESENTS SH..ALL COME. GREETING: . cfa c . .r r WhtreilS,'D.~".~~'it...rT' (J tr.",~4l··LJ.,.c"J.~-------------...
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ro the Offz,ciaL Plat of I.he SUMJey qf the saUl L(I,."'uu. r6turMd eo tM GelUraJ. Land Office 'by the Surve{/o1' GtJ1UJra'Z. wJticlh sa:iil Tract_J~87t. rmrc1w.s8G by the g~~_~~"""'~L~.L'
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the sa,id. Tr<u:Lalunre dc.$cribed: Co J;a~ and It> '/jDld tlu Sa.J'l'lJ6. ~etJu:r Willb u.lJ, the ~'z,ts, .priioilcdcs. imr,munUi88 and Gppr.t/,.~. qf whaiSOf/lJM" naJ;u;rci tlwtreU71.to
btil.onti.7t4. 'Unto tkc said 6l"J...Jj...,,,.f"_-.______ _ . ~. ;/r:r;nd to~ltA:ir.; antI. as..~i!!ns forever; 9Ub/cct to a;n..y zmgtecl a;n"d. a..coruecl 1/J/Li·er ri.tMs for m£n~.
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ana. 4Ck1bowLtJdtcd. 1m UuJ Lot:a;L CU3tC'7'I'IA:, laws .a.n.d dooi3ion..v Dr Courts. ana. al$o Slibfl'cl. i./) flw ritlu of tM pnrprictor of a· .,rin or lode to e:x:lract a.nLL remove
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kor8by I!rn.n.ferl n. I'lt/u rot W4tJ tkerenJ'b fur d..itoh.es qr ctuUtls constn(.ctea by tll.8 iI.utJl47"i.ty 01' tha rJnileel State,':. J' • n .. t/' 1n 'Ctstlm"ny tDbtt'tof, 1?»..J
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1M b.1l~rll'n.tO I1-jJL1Ceit. . . __ 61ptn u;n,dI.!r my kan.a.. at thfl: City of Wa,sh;i.n,t"ton, tar.. Q~*-t~:1.4·:h.-'-----".1 . -~s~~ ~ . ~r.1 _,~,'-A-. /.... .....'. tt.-<9..,........
ilau of. in. t11.& yea-r of ()ur' Lord .one tlwusanil ~e ~ ~ .. , . ...y ku.ndrerL (1; ~.; .. ~~ ........ a:nd. Df(7~ Iruf,cpM4enc~ Of the Un.,ited Co SEAL. fJ Sta.tu tk(, OM k'l.61Ui.rJ,
aM _. _...:t;f.~ "'.... 1-,~ f\l • n. n <'<\> _,~ 0':; B9 tho 1'l't$l4mt,.:-b...u..:.~~ .. .i~ _ 4~ Ado BY_7.JhLJJd{~ J'4..",,,,," s..relary . ..:..Q._.Y.>! 0/w..,~~ _____ Reoorthr &/tho
Ge'TU!rtd, Lwui Office. Record~d,1 Yo'-/Pasfe_~J_2----.-• ,..i... 0" H Iill Filed fer Record, the_."J.....'<-. dug 01-0 I.t.!:!.. 9.. D .. 1.9O.;"~ aJ:_.s..-=-o·clcoTc...V".-A!. 'j ___
:;d:~·.. r; ... , ~.~d'/______ ~ ",. .....~.t -c ... ;.1( 0:. !? ,. 1/IL' ___ By. .6? Lt.-L...-.....:t:r-....., DBTJtdu. il Pcok' S~ (>~~
. ,~ . '"l..0.... 5-1:' . G:.:Ii 'r ~il i 8' 0 ~_noH AND OAm! PTRT l"A."rIIIN'I:'.-n. .. o-.. \V. .' I'rbr.."""_ll11$l'. ..... t7Q"o ."'-""I!. .. ~~~I ... 'i /~-~ ;-!.HE UNITED STATES
OF AMERICA. l' ." " r ---u;y,; ~."* ' Ctrllf(ralt 11 ••. _-.-!!..'l_ I . AO ALL TO WHOM THESE: PRESENTS SHAn COME, GREETINO, . Whtl'tI1S, .. J!:f'·( I£jCJf?,..f.fCt' ,I/..J!; --f!.'{.1-~:{;._?-,~~(y
___ ~ 0':.~.'2 ___ ---_._ .. _.. .. __ ._--.--_. . --_ .. -------------------.-.-~-------... --.--.-.. -.----.. ---......, --_. . I ~~;..-:.~:~~~?f;'z~?!Zi~~ii~??:..I-~~~:~:~~~:.:I~~
~~~: I J a.cumld/l.f If'l tlUJ ]»,OfJi!Ji.ons Df the .~ot of ContIress of tJ/.$ MJA t'lf April. tSSO. en:!.!£ ".An act ~ f!.u-l!1.er pro-,_: ! vis"",;/o,: 3'" .,ar", <if /J", l'ubZic
Luuis:'--. "na. tlw ac'" ~1fPZcm.<.!d "",,·r:,!'. for. __ ~~_~~ ... ~<~1 11/-.1., fV.o-rd:;{' gajt:p ...... ;-6.,_1'.g.e:A~.· (l~~----/a . u.~ ~.,f/. l1n ,,"-{'..{;,.-If.; (,d, -x..u->'C'!..
jItul <Tu"'-~; 0?:-:.I'-£. '.7I".,.."..:;.f-&..,~ 0/.o<-i1~·~/7t: //(1-«'%-'1 :.I?{iU/(.ht/#f'#/.e~~J~A."" ,ft'~:«,!£/~-r,:v/if~.r.(f 7re~1"{ ";k~~e..vv /trd1>n{p rt§v./--;.& 7r ..u-<c-..,.e.J
~..e-u-'--<-~ /-u-I ~·~ItA-"/t?hl;:n;~7 Pzu 7t~-«-<d/V.A t:Z<-c.$ /..q~ acc.ordin.1! to ilIA OfficiaZ Plat of thl/Survey nf tM. ,~a;iiL La.nds, ratu~ to tka Genera.l .Lc£nd O'f}'iM 7;y
the Surveyor GeTUJraZ, wldcl1. sa.iiL Trattt_lw,Lbetm purclur.sfJa Uy th~id-__ ._f)-_ .. _ .. _._. _______ ._--... -.. ---------. .. ___ .. __ ___ ....... _._ _ ._ __ ... _ .. __·. :
.. .r.?2K£~cL.(r.~!~.-<!.. __·_ __. . __________ n"w Nno'" l:'t,. Tlt.ll.t flu UrdJul Slo:f.es of America" in. O()ns1,Mra.tion of /;lu prcm,ises, and in r,onfiJ1?n,Ug wia" tlte SCl'era].
Acts of Ca714rc .. ;s in $u·r.h ClUe n~ awL ]}7"oVi.de~uz.l1e fi.1U;n, u,1ul tra;rUM.. and, by fhc.'u: pre.vents do Iji.vD IItna t!1-Ct.Tf.f. Jifl.tf) the. ~aid. __ ... ___ ._._ ...
_.. .' J:._t?~.f:i::;r.. ___ ~.!!:_ _" "t-~_~._. ____ ,._ .. __ ._ __ .... .. .. . _. _ __ ~~,' a,Nl l(} ___ ~':":~._. __ .JM£r-.~, the seit1. Tracf.~l£bl)ve de.~(:1·ibcd: t:o 1jlJPt
IIna to 6(Jld tke .'l(1;J)'M, tt1!!(Jthcr willi. a.ll the ristkts.. prilJi~ilfI, i71r.nwnilic.'. ani/. t:r.ppu,.te~~. ~! ~/rA{$01!tr ntUtf.1·c. thlJ7;!u:n,t.o belon.§irl4, l(.1j,.to
the said :::=:~~JW;:-=;--;:';J!ns f.re;,.:·::;,t:~-:=:::~!::::..cnu;-:~:~:;;;::.-t~~-:;,,=;._;;: cttUrt..ral. ma;n,ufactu,,·i,n.g or o/.h.er plt.rpo.<;1!8, and J'1"dhtS f.o ditc/w..~
rz-nd r~·u!1·t1()i:r$ UJU!d in cr:m'rU'ction. with ,o:uch wa.ter J'itfhb: rUI mn71 be rec()/!ni::.ed and (I.c]r;n.DWledt~ bTl tlfA locC£llJU$lom.~. law.'l and dem'.sions of. Courts,
a.n.cl nlSQ :su1~j~ct to f1&IJ ri~f1,f, clf tll", ]JrrJprictor at a· vein. UT' lodo to e.'ti7'tut Rna. rcmf11Je his are therefrtm?, 8JwU.lit the sam,,,, be fOli:TUl fo pt!1U!trctle (fl'
in,krsect fhe premv;'[m.'l Mreby fJrall.t~d. (1$ 'f)rt)lJiMd by WutJ, a,n.u, lh.ero is rcsen.'eil from, fh~ l<f.M.,<; hereby 4ra7lolm a '·i.§ht nf u;n.!/tJte~ rUtCMlf ~4tmn.'~tJ'u."tctZ
o!llhe autJwrity nf Uloe U",Ued States. 1» r~s1Jm"nF tDber(!ol~ 1, ___ ~(!.~-.. -...... :_ .. :::::7':.e-L.e-<&A ... _PresiA:lcn.f. t)f the United $ltt{f;S (If .J/n-un'ioa, h(£vr.. e~ed.
tlws.£! utters to be n~ pa.kTd, enA the Seal of tho (rl,n,cra), La.nA.l/:..e ~ ~ lz,f'7'CUltt(J a:Ifi:u(l~ : ~_--.. 6JDtn under my ~d, ctJ tho City of W~ll.in-t"t(J7l., the __ . r.~z.t:.."
___ ~"'-f' , -t$'O S7'.,oj":--.. ... /k?-t:A:.Jft ,." ..,.(/.. .. ' • f +'\. ?-~~ day !if' .... -.. -.... _ .............. :!Z-:--. lon. the yea;r of or~7" Lord, OM tlWlM4nd~ I ¢ ~.,
y hundred rJ,:n,d ...X.... 0 -J&~:7". . •r: ....~ .~/.=: ... _. an.a of the In<1,ependence .oj the Unlkd, SEAL. . ~ -tz;~ud-I 00 fj J Sta,t6$ tlM 011.0 6a a.nd._~_. __ ., ... ________
..... _ ~ 4~ r..'j .~ & ; "'.. 0</By tb.l'I<sfd.nt' _____ .. _.. .. :.¢0: ... .. ..... .X -/tZ-<a,{ --1.t LA1:1'O ••• ·/In'~' ~ ./t: ?J /' :/' By, ._ .... . <.._?. .7... .1I !:_-_ ._
/.~,./_" _S ecreto.ry. L" .A t:{.,~..-1c2.~B&.~~-._.-.Rec"rdC7' of tlt.6 General l..a/n.d 0fjltJl'. ~"C(Jrderl, :a7,. __ ~~ _ pec'e __ -:Z5~' _ 1 _ •• • __ • Filed. fO" Reeo,'" th. _
...!..~ .. __ .... _dO'Tf Of _____ a.!~ <#-,{/"'Y.·clock-..!LN. --,'''' ~1~:~~:~~-_ B!/.. __________ .. ___ .. _ _Dc.utu. II fxlJ\t:.-~ r ll-<f ~L\
-, i i -' 'Pl:'occedine:. by the !Jersons bere1na1mve ·s:oeclfice11y named. The be~d~ete ~s loceted on the Eest bank of East Divide Creek at a point wnence the North querter cornel'
of Sec. 12, T?rp~ ? s~, RenRe 92W.~ of the 6th.P. M., ltears N. J20 ·46' W. 1570 teet. The testimony in thi·s case establialles that in a f"ormer "proceeding :in tnis court Priority
Nb. :l~; awarded to said dt tCh for 372 euOlc teet of weter 'Par lIl'inute of tlme. --»--..ao.d priority No. 49 fol" 315 cubic.' reet of water per minute of time, .said am.ounts being
awarded conditionally iII: part, were made abSOlute and undond1t1onel to the extend o~ 300 cub~c feet o~ watex per m~nute or time, as to Priority No. 36, and 240 cubic feet ·of water
l}er minute of time as "to Pr10rity No. 49. 'l'hat Priority No. 133 f:or 836· cubic f'eet of: wate~ per minute of time WAS in part.cond1t1cmal .. Thl"t the claimants of said lest mentioned
pr~o:rit.Y hava. witn ·due d1l1lt.enee find Wl tbout P'rot~~t or objection fran any othar ~erson or persons, broUP.ht eddit10nal lands under lrriR9tion and have "benefiCially applied
tlle waters so c.oDditiona.lly· a·acreed, and nave thereby made said pror1ty num.bered 133 to t.he extent. at' 836 cubic feet 01' water per minute of" time absolute. That of' the volume
Of water heretofore a:warded said ditch under its several decrees ther.e bas been beneficially applied v~th~n a reasonable time 1380 .. a cubic feet of water ~er minute of t~me. all
of wnion Should be absolute and uncond1tlonal. It 1$· therefore orael'ed, ad.1ud~Eld and.· decrees by the Gnurt that Priority No. 36 tm the extant of' 300 .fubic feet of wate~ pel' minute
·of time, Priority No. 49· to the extent of 240 fubic feet of Vlater per IllJ.nute of tlm~, Priority 125M· to tbe extent or 4.8 cubic feet 01' water pel' minute of' time, and Prior'"1ty
No. 133 to the exten"t of 831ii. c:uoic. feet of water per minute of time be, and th~ and eacn Of them are hereoy made absolute and·undondltional. It 15 further ordered, adjudp,ed snd
decreed tnat. there be allowed to flow into said ditCh from the East ForK of Divide Creele tor the uses et'oresaid and tor the benefit of the -parties lawf'ully entitled thereto under
and by virtue· of the appropr~ot~on by seid Fifth EnlarR.elllsn"t Priority No. 166.1 for lh75. cubic teet of water per mlnut.e of time, relating bec~ to and detinR from the 31'd day
of April. A. D. 1912. It is ~her ordered, adjudRed and decreed that said Priority N~. t661 herebY awarded to the ~tent of 1475 cUbic feet o~ water per minute of t~roe is nereby made
eDsolute end nnconditional. STATE OF COLORADO ) ) S3, COUNTV" OF GARFIELD} g;:;g;lL!l!1.Q:~!]) T. Jobn S. Woody, Q-lerk of" "the Dlstl':l:.ct Court of Garfield (}ounty, C·olorado, do
hel'eby cert1ty thnt the forep,oint:. is a full and eo~lete c01)Y Of' en OO'I:ce!'pt frOIJP a decree dulyventered in saiC! cause #32:53. on June 22nd, :1.919, slMed bv the ~urt, J"oJln
R. Clar1(, Jud~e. in so fer es said decree refers to the Tallmadge and Gibson D1tcn #26 in Water Di~t~ict #45 of the state of Colorado in e caU$e tnen pendine in ~aid Court entitled
and numbered as shown in tne caption preceedinR said excerpt. which seld decree is on file and of record in said Court. l}Titness my hand end seal ot' sa1d Court this 2 7tn da., of Setlterob.er.
191~3. i·~~:HO~Al , '. ~).t) ........ -"John S. Woody Clerk. Filed for record Oct. 5. 1943 at 10:0B O'Clock A. M. V/alter ;r. Frost, Recordel'. -------------------------------------------------------
----------------------------------#150079 RC-J-101613 ··(r",",po). COHPORATrON SPECIAL WARRlINTY DEED THIS DIDENTURE. Made thu 26th dey of' August, A .. D. 1943, Mtwen the FEDERAL FARM
M{lRTGA( CORPORATION, a corporation~ organized ~d eX1stinB under the laws or the United States. wnose prinCipal 0~f1ee is located in the District of ~olumbia, and w2th a branch office
in the City of Wicn~ta, Kansas~ party ot tne first pert. end VIRGIL C. HOLCOMB of Carbondale, in the· State o~ Colorado, part(y-~es} of the second part: WITNE~: That the said party at
the f1~st part, tor and 1n conSideration of the sum ot FOUR THOUSAND FIVE HUNDRED and nO/100 ($4500 •. 00} ••• ~ •••••• _ .DOLLARS, to it ~n hand paid by tbe said ual't(y-ies) of the
second part~ the receipt whereof ~s nereby confessed end aCkDowledeed. has granted, bargained, sold and conveyed, end by tnese ~resents does grant~ ljargsiu, sell and oonvey unto the
said na~ty-iesl of the second part, ~is heirs, Successors and aSSigns, forever • its t1"tle to and interest in the follOWing de3~iped real estate aDd. water ri:gllts si:lJ.tlated. in
the County ot: Garfield and State of Colorado. to-v. The Southeast Quarter (SEt) at" the Northwest Quarter (NW.t;) and tne Southwest QUarter (sw*) of the ]rortheast ~uarter (NE~) and
the North Halt (N~) of the Southeast Quarter (SE~) and the Southwest QUarter (SWt) of the Southeast Quarter (SE~), Section Nineteen.(19). Townsnip Seven (7) South, Range E1ghty-sevon
(67) West· o~ tne Sixth (6th) PrLOcipal Meridian: Excepting two· and one-half (zi) acxes 1n tbe Southeast cornel' o~ the Northeast Q.uarter tNEl;:) 0'£ the 'Sout"heast Quarter (SE!},
Section Nineteen (19). , TownShip. SeveD ell South, Range E;l.gh"ty-"seven (S7) West~ deslttibed as begl.nnins at the Southeast COrner o~ thE ~vDg P, lJ31
NortheAst Quarter fNiEl) or the Southeast ~uarter (SE~J'~ tnence West. 5:25.' f'eet~ tnence Northeaster~ 575 reet. thence Southeasterly 575 f'eet to the place~o~ beginnin5, aud also
exoepting that :portion or the Southwest Q.uart-er {sw!} or the Southeaet Q.uarter (SE*) of Sedtion Nineteen (19), TownShip Sev~{7) South, Range Eighty-seven (87) West, l.ying West 01:
tne East line of said 40 acre tract, and East of the center 01" tne C"ounty road as now established on the ground, said t~act being 451 'feet West from ~he Southeas ~r.ner of said ~O
acre tract West to the'center of the County road and at a :point ~OO ,r~et North) the sei d tract is 165' t'eet wide ,from the Ee.st Une o'!, 4D acre tract West to the center or the
county road and 209 feet Wide at the North line of the said 40 acre tract f'rom the East line West to tJle center of'the county road; conta:1.n:Lug about six (6) acre the West line to
follow tne, center of the county road; conta~1n9 one nundred'ninety-twi (l9Z) acres. more or less~ together Wl. th all ditones and all ditch. reservo1.r and water rights belonging, or
in any way apperta1n~ to said lands, or any paxt thereof; or whicn may be hereafter acquired, 1"or, or for ~~ upon. sal.d land, or any prt thereo'!; and especially an undivided one-twelfth
(1/12), :1nterest,1n and to the Needham DitCh and water rights, No. 76 in t.l1e Decrees 01' t:th'e D1str1et .a'curt for Ge.rf'1eld County, ~lorado, ror Water ,District )8; also, an Undivided
one-tenth (1/10) interest in and to :priority No. 163 in said deoree, also two and one-haIr (Zi) water rights to be used mn 100 aa:xes at above land and as acqu1.l'ed l'ronr_ the Carbondale
Resel"'V'Oir 8e Irrigation Com~ny as per water deed recorded in Book 9~ at Page 553 o~ the Garfield CQunty, Colorsdo, records: also l~ water rights acquired fro~the ssid above irrigetion
company for an additional 60 sores 01' the above land; SUbject to any unreleased oil and gas leases of record; Suolject to any existing right of ways f'or nis.nway or ditChes; Subject
to any reservations or exceptions in patent, ~f any; E::Ir/'n6"Pting and reservtn1?; unto party 01' the ri:rst part,. its suecessors end ass:t.g:ns, an undivided one bal~ of all 011,
gas and other minerals and mdnerals rights in, upon and under sa1.d real estate; Subject-to taxes, water a~seS$ments end any end all othe~ Charges lev1ed or assessed against said real
estate ~or the year 194~ and subseauent years; SU:H'ject to a t'1.:t-st mortgage in t'avor or The Federal Land B"ank of Wich1.ta. Wichita.' Kansas, a eorpo'rat10n. covering tne above
described real estate and oths'" land, ' in the sum of' $700Cl,.00. dated d'anuary 11) 19~.). 'filed 'for record on the :nat daY' of" March~ 1911_3'~ at 10:00 o'c1oo.ll:: A. M.-and recorded
in Book 208 at Pap;e 200 of' the~ records Ibt said County; -Subject to a second mortgaRe 1n ravor or the Land Fank COmmiss1.oner, covar:t.ng t~e above described real estate and other
land, in the sum of $3000.00, dated d'snuBry 11, 1943. 'filed for recard on the 31st day of' Maron, 1943-at 10:02 o'cloctc A. M_~' and recorded in Hoo~ 208 at Page 20, of tbe records
of s81.d county. TO RAVE AND TO HOLD The same, top,ether with all and singular tne title and inter,est of naTty of' the first ~art in and to the tenements, hereditaments and appurtenances
t~ereunto belon~i~J or in any wise a~perte~ing. rorever. And ~be said party 01: tne 'first ''Part hereby covenants ane aglleefO: that -a.t tile delivery hereof' it is the lawful owna
ot: the interest tlereb'f' conveyed in the above dese:rib'ed :premises; en.d that it Will WArren' and de~ena the ~8me unto tbe psrt{y-1es) of the second ~eTt! hi~ helrs, successoTs,
and Bsslrql,s, forever! ep.:einst Sa'll'! .'osrty ot the first party its, ~uccessors an£! aSSigns, end all end p.vet'V nerson or neT-sons Wbom:seever laW1"Ullv ~1"'im1n.<!' throuP;h"
by or under it, tbtP?, or p!tM~r of. them. WITNESS the Slg11AtU1'"(>: (')1: the Fedet'lll Pt't:r.m lll"o:rrt."'!fl!':p a'Ol'pol'stion. '9 i!or'Oot'stion. l:ly The FaCle:ral Land BanI{
of W1ctl.1t&, B COl'noration. "ilcflitA. Kanss!'1, it!'! Flp;ent ~ncl attorney in t'~ct> unl'l_er ann hy virtue of that r.ert.~1n PltR'l'el' 01', ettorney wt1iCt:l1s reeorded in '301')1('
178,at 'Pf)J"P. 1l.(1 01" the ::recn:rils of' r.:::"'iil CountY'. sl~ed bv the 0'I\]1y Authoriwea officers of ~Al0 ~n~ An8 it.S ~o:rPOratp. ~eol lmDress~d tn~ dqv ~nil yael' ~1r~t abov@.
~1ttP.n. llTTEBT: JOIlN W. COLEMAN Jotm W. I!'oleman SeCl'stllry moAn OF K/.NSAS'" ) )S3. COU}.."l'Y OF' SEDG"ffICK ) '.' . -:'Z;.. ® 'F!:T''li'lifl.!-FilM 'Po!!l:'~'!'r.Ar..l1' r:ORPO!lft'T'"Wlif,
IJ. cornorfltion, sv ~ FED'!mAJ .. T.AND BIlN¥.' OF '1.11ICIITTA • a COrpOl'Flt1,nn. l'!tCJ:l1t"l, KEmsas, Its ~ent and Attnrnp.y in Fact. ~ R. H • .rone!:l R. H. ,T'ones vl.ce-presldent
(ACKN'OWLEOOMENT) Sero.:i;'!,_me, the un(jersiened, a Notary Public in"and ror, said County .and State Oilli thJ.s ~tn'day ot' Aupust, 1943. personally 3p~e~red. R. H. ~oneg. to me pel'sonally
~own to '(~~'!-l~~jl,~'l;.J?~~?~ J!f:i'l/j;il)JZ;preSident of The Federal Lend Bank of Wicnita .:. " a. corporation, vrlehJ.ta;"'K8n:.s;;s. e s ae,~ t and attorney in fact, and tbe Federal
:Ferm Yortsage Corporation, scorpo~atl.on. to tne roregoing instrument. ~nd ne, being Dy me sworn, did say that he 1.8 sueh officer encl, tha't the seel affixed to such J.nstxument 1.S
the_ cortlorate seal or said Bank. and thet the sarne was S1/ffled "-lOO sealed in oohalf or saId ;-,JI8nk, as aBent and attol'ney in fact 1"01' the lI'Erleral Farm Mo:rtp:age Corporation.
and WRS sip;ned in hens-lf" 01" the Faoera1. Farm Mbrtge~e) COT1l0ra1aon, l'IV :'laid "9anK, as agent a.n<'l
~ ~ 0-.' <:> ""I o ~ \Q \ ~ ~'" -.,I ~ j' lItt.(lr.nP.y loT'! 1':'1'lCt. tlieTet'(l'r', !'tIl. bY' AuthorJ,-t." '.of ttm '!l:C'Arc1 of T.l1."t'''.!etors of ~A'ld ~",n}r"~ end ne ll(!;lmow]envAd
to me tMt the 'fol'ep'oin" lm'ltrUfQ(mt was exeClutp.d hv rtJ.m ... ~ ni~ fl'A& ano vnJ.untATV' ani.! "'nc Qee'f1 "Hl(l ~s tbe ::'If.!v-rAl f'r'ee and voluntar~r flct~ "nl"l t'lPP.QS
Clf s13id ~:AJlk. as arent anI'! attorney in fa~t. and the 'li'ederal 'FAI.Y'm Mc:r-t.o:ane '1f')'l'Tl ... .,.st1on. 1'\ 11 1'or tr~ tlS~~ P.l"'It'I. 'DU,.1'!/HIA-S ~At f"'n,.th '1(11'1
ST),,!,c! 1. f'ie~ therein_ l'.Titness "my H.ana. "lud 'SeAl th~ de,'\" ana :'lool" lAst fl oove vrritten. r!~ eommt:"s1on P,YTll'T'P,A'-/::;;~\ \':J.j'::'\,~-: ':' ~x..t>.';.. -''--§lntl1TY
l'tlOllC ~nnnie' B. 'flume Ap:r.il n.. 1 q4 5" .:,. ....... Filec for recorded October O. 1943' st-IJ.~J8 0'0100:::10:: A. M. W·31 ter .r. ]'rost, .Record e #1500$1 ~npllcBtion 212277-10?-r.l)an
No. J l09'3~O-S-:rr'J" _~~;1(,\'P..rrI'?ATION MORTr;M~"E T9'I~ INDF.NTU1~F.. 1.ff!.:J~ tnt::! lltn nAV of -Tenusry, 191~3. Dp.twp.sn 1JIRnIt. C. ROT~Cm.ffl ~nd 'I'l,r..ANCE!: FOI.GOlm,
t"ll~ wif'e of tlJe C'ounty of' nar:!'ield. ana State of: ColorEldo, h~~:r'~lnfJ-rt.el' c'3.11od toe Molrtp:a.p;or~ ",nethe1' onE! or m.ore. Rna the Land "Bank Com.m:ls.sion{~'T'. Wl.th
of"f'1ces in the Cit" 01' Wichita. JUmSFlS. acting-pursuant to Pert ~ of' tne Emers;:.:ency"Farm: :M'orte-e.~e .Act of lQ3'. :;.s rJJnended~ hereinafter cell ad the 'M'ortp:el<ee. '?lI'(''N1':fiS'E'J
''R'~ That said MOl't-<::aRor. 'for and in consideration of the sum. of' THREE THOUSAl'ID AND NO/lOO· (t-3:.,OOO .• OO) DOT.T.ARS. in hand 'Paid by 'the Mortgap.:ec. receipt or w~ich
is nereby aCKnowl~d~ed. has ~ranted, barv.eined and sold, and does or these --oresents ~rant, bF.rr-:,:ain. sell '!'lnd convey to sa1dMortP.'fI.o:ee. all of the f'ollo"',inp: aescribed
~e61 estate situate Ln the CQunty o~ Oer~1eld, ~nd State o~ Colorado, to-wit: SouthvTest. '1.uAl"tar f~rl.l of No:r:-thel3.st 'l'lfl.,..ter nrn:t). Sou.theast 0,uarter (SEf.:-) of' N"ort"hwest
"':I1S--rtP-1" (lJW!.), Southeast t;'.ua~tF.lr (SF.t) of' B'ec"tion NiJ:)eteen (l9l: SouthWest ~:uerter (~ff?;) 01' Sr:Jutbwest Qu~.rter rS?f:) of S"ect1on Twenty (20): Northwest QUflrt~r
cm'l~) of' I>TQl'tbwcst ~uerter (.,.,w.~) o"r S'ection Twenty--n.l.ne (29) ~ 'fITo:tTth Eeli' (:r.r~) 00£· Northeast Q.ue:r:"t~r (tII"It~+'). Nnrtheast r'I.uarter (wr.{) 'of" Not'thwest
"Q,llArter '(NW~) of Section Thirty Dol; Sout'neast qUI9l:'te:r:" (SF.~) of Southeast DUfll:'t:er (SEt.) of' Sect~on Thirtv-one (1), all in 'l'oW11!;\1'I1:tl Sf"lven (7} Soutl1.. Ran..::e
t:1!!ntv-scven {57) Wost 01: the Sinh· P:t'incinnl Me:ridifln: Lots E1p'bt t8"l, Nine (9). '1'en {lOl, ·Eleven (11) Twelve (12). Thirteen (11). ~~urteen (14) ~nd Nineteen (19) of ~p.ct1on
Six (61. Townsbin ~i~nt rS) South. Ranlte Ei .... hty-seven ('137a~~-e,at o.f .. t.h,f, ~:!tth' "P"I:'incip,al.. :M'e:r.idioIl.,; Soufu Half' (8~) 01' Nortbeast f);u£lrter tt'1Ii!t)
, North 'Ffalf' (J.Hl of sout.l1east QUF,lr·ter· (3T!::';);, Sl:'ut.llW!3st QUart (S\'f};) of' Section One (1). Tovmsnin R1~t (81 South. Ranee Ei~hty-eight (S8) West ot' the Sinn Prine
ipal Meridl.an; Subj·ec't to existing. rin.tlts of way 1'or oitches. !':Ind "OUl:)l.ic roads; Containi~ 1076_52 acres. more or les5~ accordin~ to tna U. ? Government Survey the~eo,~
TOBether with 2/l0th of' priority No. 163> fol' 11 cubic f'eet of water per s·econd of t1.lJle awarded '1;;0 Th'e Needham D1to:"h end enlarR;eroent. all 'PI'~orit:v TlTo. 2~O' B:ff'or
0.6 CUbic feet of water par second of' t~tne !l.warded to th~ Pet· ROI?era Feede!' DitCh. a ?Xo rata interest in each of' $eio ditches. seven ~o-aere water ri«bts in the vmter. reservoir
and ditch rlr..nts ot' The Cal"Mndale Reservoir and Irrigation Company, more particularly described 1n the water deeds fl'olll sa1d company, recorded in Boot:: 9"~, a"t Pase 55), BOok
195 at PaRe 486 ~ Book 119 at Pa~e 581. and BOOk·19~ at Page 69, end all inte~est of' f'irst parties in the lateral ditehe!'l to thl3 above described land·s. Mortp.so;e rider attached
hereto end maoe a Dart hereof,; To~etner witb ell Drlvilep,es, hereditaments And a~nurtenences t~ereunto belon~inR. or ~n any wise apperta~nln~, includin~ Poll vmter, lrri~at10n and
drainage r~~ts of e'trery ldnd And desw.ript1on·~ nowever eVidencen or m:l..tested, and ~ll rie:hts of way. epparatus end fixtures belon~in~ to or used ~n connection therevdth, woether
ovmed Dy the Mertga~or At the date of this mort~a?e, or therearter eCQuired. That satd ·above, p-,ranted pl'emJ.3es are 1'"rge and cleflr of all U.en8 and encumbrances. Wb.stsoever.
excepting e :first mort6l:ap,e to The Vl!lderal Lant:l BS1.lk. of W1,chita In the SUM' or $7~OOO.OO~ dated JanUBry 11, 1943, f'11e~ for record on the 31 day of MarCh. 1943, rGcorded
In BoQr. 208, Pa~e 200 of the record~ in the office of tbe County Clerk and Recnrde:r or· r.l'Jl'fiE'lld county .. Colorado. ?rov1dcd. tbis mort~epe is g~ven· to secure the payment Dy
the Mortee~or to tbe lJortf!:E\.~ee. fit .n~s oft1ces lon the C1.ty of' Wicnite, Kansas of the sum or $J,ooo.OO, evidenced by a certain promissory note of even date herewith, executed
by the Mort~a~or to tl'1e Mortga.v.ee, conditioned fot' the payment·of said :;mro.. With interest on seid Drinciral or unpaid balance thereof at tbe rate of five per centum per annum~
payable ~emi-annually on the 1st cay of October and April in eaCh year: sald pr1ncipal SU~ being 'Payable on an amortization plan and1n FOTty (40) eQual, suc.cess~ve semn.-annual instalments
of $75.00 each7 tne first instalment beinp. payable on·tbe 1st dey of OetOber, 194>. and the ~ema~~nR ~nst8lments be~n~ Payable on eacn succeeding interost payment date, to and :l:ncludin.g
the 1st day of APril. 196)j; Mortgagor to nave tne -or1vi1e.s6, of JH'i:rln~ ,et any time .one or more instalments of :principal, or the entl.re unPBJ.d balance of' said pr:i:nClpal
sum, "SUch additl.on.e.l "principal paym.ent·s. if nmde, o:r,>eretlnro to discnarge tne dept secured hereDy st an earlier date and. not redUO:1ng tbe
1111111 Imll 111111 1111111i1 1011 IImlUII 11111 1111 1111 ~78 eII/30/21!la0 0II:27A 8U" 1'21& " ALSDORf 1 .. r a R 40.1!II'l Il 0.00 GARFIELIl CCIIIII'TT co DITCH AGREEMENT TIllS AGREEMENT
is made and entered into this 20th day of June. 2000, by and between: ERIC CALDERON and A. NEWTON BARTLEY II (hereinafter referred to as "Calderon & Bartley'), whose address is 5644
County Road 100, Carbondale. Colorado 81623; JAKE STONER and CAROLYN STONER (hereinafter referred to as "Stoners"), whose address is 5600 County Road 100, Carbondale, Colorado 81623;
GEORGE STRANAHAN (hereinafter referred to as "Sttanahan'') whose address is P.O. Box 70. Woody Creek, Colorado 81656; and FELIX TORNARE and SARAH TORNARE (hereinafter referred to as
''Tornares'') whose address is 0436 Paseo Road, Caroondale, Colorado 81623. Recitals A. The parties are the owners of certain properties located within Garlield County, Colorado, in
an area commonly known as l\.1issouri Heights. The parties' properties are further described as follows: (I) Calderon & Bartley's property is'described on Exluoit A to a Quit Claim Deed
from Eric Calderon to Eric Calderon and A. Newton Bartley n, as joint tenants, dated June II, 1995, :which Quit Claim Deed was recorded in the Garfield County real estate records on
June 13, 1995 in Book 943 on Page 751, Reception No. 479292. Calderon & Bartley's property consists of approximately 37.7 acres. (2) Stoners' property is described in a Quit Claim Deed
from Jake Stoner to Jake Stoner and Carolyn Stoner, as joint tcnants, dated August 26,1988, which Quit Claim Deed was recorded in the Garfield County real estate records on August 26,
1988 in Book 739 on Page 999, Reception No. 394835. Stoners' property consists of approximately 13.04 acres. (3) Stranahan's property is described on Exhibit A to a Warranty Deed from
Belinda Brownwell to George S1Ianahao dated October 30, 1997. which Warranty Deed was recorded in the Garfield County real estate records on N ovemher 12. 1997 in Book 1042 on Page 64,
Reception No. 516320. Stranahan's property consists of approximately 23.45 acres. (4) Tomares' property is described on Exhibit A to a Warranty Deed from Jolilaka. L.L,C. to Felix Tomare
and Sarah Tomare, as joint tenants, dated August 20, 1999, which Warranty Deed was recorded in the GarfieJd County real estate records on August 24, J 999 in Book 1147 on Page 130; Reception
No. 551001. Tomares' property consists of approximately 86.95 acres. B. The parties each own shares of stock in the Needham Ditch Company, a Colorado mutual ditch company. These shares
of stock entitle the parties to use water from the Needham Ditch to irrigate their properties. The parties' ownership interests in the Needham Ditch Company STONER-Ditch Agreemcnl-l.
PageJo{B PI .. se Rolllnl To: CaJoia & Houp~ P.C. 1204 Grand Avenue Glenwood Springs. CO 81601 .71/r. o').?; /</"
111111111111 Imlll 1.1 111111111111111111111111 11111111 !ll!!B78 1l6/39/21J80 1119 :21A 81115 P217 " ALSDORF 2 of 8 R 40.00 D 111.II1II GARFIELD COUNTY CO are currently as follows:
Name Calderon & Bartley Stoners Stranahan· TollJllreS Shares of Needham Ditch Stock 197 27 47 80 ·Stranahan's shares are held in the name of Belinda Brownell. C. Certain partieS also
own shares of stock in the Missouri Heights Mountain Meadows lnigation Company ("MHMMIC''), another Colorado mumal ditch company, which shares . entitle the parties to irrigate their
properties with waters stored in Mountain Meadow Reservoir. The parties' current ownership interests in the MHMMIC are as follows (all are A shares): Name Calderon & Bartley Stoners
S1I3nahan* Tomares Shares ofMHMMlC "A" Stock 32 78 78 157 ·S1r.!nahan's shares are held in the name of Belinda Brownell. D. Water delivered to each of the parties from the Needham Ditch
and the Mountain Meadow Reservoir is transported to the parties' properties via a shared lateral ditch which extends from a point about 500 feet north of County Road 102 and runs in
a southerly direction across the parties' properties (the lateral ditch first enters Calderon & Bartley's property. then proceeds in a generally southerly direction along the boundary
betWeen Stranahan's and Ston¢lS' properties, and tcrtninates on Tomares' property). E. The parties wish to enter into an agreement whereby they will share the costs of constructing a
new piped lateral for the purpose of deliVering irrigation water to the parties' properties. The parties also wish to agree t11at each party will receive a portion of the total water
available to the parties from such lateral in proportion to the percentages set forth in tltis agreement, and irrespective of the parties' respective ownership interests in the Needham
Ditch Company andlor the MHMMIC. The parties also wish to enter into an agreement regarding the sharing of fumre expenses for operation and maintenance of the new lateral. Lastly, parties
wish to agree to certair. conditions upon the right of any one or more of the parties to change the points of diversion, places of use or types of use STONeR-Ditch ApcmentMt Pagdof8
11111111111111111111111111111111111111111111111 11111111 _78 011/30/2800 1l9:27A Blll!! P218 " ALSDORF 3 of 8 R 40.06 D 0.06 GARF%ELD COUNTY CO water owned by any party by virtue of
the mutusl ditch company shares which are listed above. WHEREFORE, in consideration of the mutual promises contained herein. the parties further agree as follows: I. Ownership of shares.
The parties agree that the division of ov..nership interests in the Needham Ditch Company and/or the MHMMIC is accurately set forth above in the above Recitals. Nothing hereSn shall
be construed as a transfer orany one party's above-described interest(s) in such mutual irrigation company shares. nor shall anyone or more parties be entitled to claim ownership of
any other party's shares due by virtue of this agreement or otherwise by adverse usc. Each party shall continue to timely pay ditch assessments owing with regard to such party's chares
in either mutual ditch company as such amounts become due from time tu time. 2. Sharing of costs for new' piped lnigation system. The parties agree that all costs of constructing a new
piped lateral system for.the purpose of delivering inigation water to the parties' properties (as such system is gener-.Jly described on the attached Exhibit A) shall be shared by the
parties according to the follOWing percentages: Calderon & Bartley StOners Stranahan Tomares 32.5% 9.6% 19.3% 38.6% 3. Distribntion of water from lateral pipeline. The parties also agree
that water delivered to the intake of the new lateral pipeline by the Needham Ditch Companyand/or the MHMMIC sball be shared by tho parties in proportion to the percentages set forth
in the preceding paragraph 2. These percentages were calculated-based upon the parties' respective irrigated acreage, and the partieS do not intend to rotate available water supplies.
4. Engineered system. A qualified hydrologist or water engineer will be employed by the . parties to confirm that the new piped lateral system described herein will actually distribute
available water to the parties according to the percenlllges set forth above in paragrapb 2. The parties agree to follow the hydrologist/engineer's recommendations regarding !be size
and diameter of pipes, nozzles and sprinklers, in order to ensure that water is distributed according to the agreed upon percentages. The hydrologist/engineer's fees, and the costs of
any additional measming devices, splitter boxes or any other equipment recommended by the hydrologist/engineer, shall also be shared by the parties according 10 the percentages set .
forth in paragraph 2. Although the hydrologist/engineer will confum the actual irrigation to be used to inigate each party's property, the parties anticipate that there will bc one side
roll and one inigation·gun (or two guns) located upon Calderon & Bartley's property, one STONER-Ditch Ap'tc:mcnt·t Page3of8
gun on Stoners' property, two guns on Stranahan's property, and one side roll and one gun (or two guns) located upon Tomares' property, as generally depicted on the attached Exhibit
A, and subject to change based upon the hydrologist/engineer's recommendations. s. Limitations on use of irrig3tioD equipment Calderon & Bartley and Tomares agree that, to the extent
that either of their properties are to be irrigated by both a side roll and irrigation gun(s), neither Calderon & Bartley nor Tomares will operate their side roll and gun(s) simultaneously,
in order to conserve available water supplies for the benefit of all parties to this agreement. 6. Shortages or surpluse •. Any excesses or shortages of water available at the intake
to the shared lateral pipeline shall be allocated among the parties according to the percentages listed above in paragr.!ph 2. 7. Changes of water rights. Any party to this agreement
may seek to change the places of use or types of use of irrigation water obtained by such party from the Needham Ditch Company or the MHMMIC, provided that any such change shall be accomplished
in a manner which ensures that the other parties' abilities to obtain water from the shared lateral pipeline system in the relative percentages descnbed above in paragraph 2 shall not
be hindered. The cost of any additional equipment or otlter measures ncccssary to ensure that the other parties w;U not be injured by any proposed change shall be borne by tlte party
seeking the cbange. After any such change by anyone or more parties, tltis agreement shall continue to govern any parties to this agreement who continue to irrigate their properties
with water provided by tlte Needham Ditch Company andlor tlte MHMMIC. 8. Reciprocal easemenCs. The parties hereby gnmt each other reciprocal easements for the pmposes of construction.
operation, maintenance, repair andlor replacement of the shared lateral system generally descn"bed on the attached Exhl"bit A. Such easements shall be sufficient in scope to provide
reasonable and necessary aceess to such system for such purposes. Such easement shall automatically terminate at sucb time as all parties to this agreement cease using the waters described
herein far irrigation pmposes .. 9. Operation and maintenance expenses. The parties shall share operation and maintenance expense$ associated with the shared lateral pipe system described
herein in proportion to the percentages set forth above in paragraph 2. However. the parties' separate irrigation equipment (i.e. hoses or pipelines running from the common lateral pipeline
to sprinklers, guns, or side rolls, as well as the sprinklers, guns and side roUs). shall be operated and maintained solely by the party benefited by such equipment. In other words,
tltat parties intend that aU parties to this agreement shall pay a proportionate share (according to the percentages in paragraph 2) of all expenses associated with operation and maintenance
of the lateral pipeline running from the shared STONER-Ditch A.gteemet\1-1 Page.fof8
1 IIIUI 11111 111111 1111 111111 11111 111111 1111111111111111 !56!S878 1115138120111 1l9.21A 811811 1'2211 II ALSDORF !l of 8 R 40.l1li D 11.011 GARFIELD COUNrY CO intake to the points
at which separate hoses or pipelines deliver water to each party's irrigation equipment (e.g. guns, sprinklers, or side rolls). Each party shall be individually responsible for operation
and maintenance costs associated with all eqlliJllllent, such l!S separate hoses or pipelines, which is used to deliver water to that party's fields from the shared pipeline. 10. Binding
effect. The parties intend that the covenants. conditions and restrictions contained in this agreement shall be appurtenant to and run with title to the parties' properties. and shall
otherwise be binding upon, and inure to the benefit of, the parties, their heirs. successors andlor assigns. A fully executed copy ofthis agreement will be recorded in the Teal property
records of Garfield COlUlty, Colorado. 11. Amendments. This agreement may only be amended by a written document signed by all parties and recoIded in the real property records of Garfield
County, Colorado. 12. Periodic adjostments to system. The parties agree that the irrigation system described herein shall be periodically adjusted &eeord:ing to the recommendations of
a hydrologist/engineer to ensure the proper allocation of water in the percentages set forth above in paragraph 2 and to conform to any new technology. 13. lllterpretation. This agreement
shall be interpreted according to the laws ofthc State of Colorado and otherwise in accord with nonnal industry standards. 14. Notices. Any notices pursuant to this agreement shall be
delivered to the parties via U.S. Mail at the addrCsses listed at tJletop'ofthe first page of this agreement or to the address of any successor-in-interest',u Such addrrisSles) as may
be listed in the shareholders lists of either the Needham Ditch Company or the MHMMlC. 15. Dispute resolutioD; attorneys' fees and costs. Any dispute regarding the terms of this agreement
shall be submitted to binding arbitration before a sole arbitrator pursuant to the provisions of the Colorado Uniform Arbitration Act of 1975, Colo. Rev_ Stat. §§ 13-22-201 to 223. If
the parties to any such dispute cannot agree upon an arbitrator, any party to such dispute may petition the Garfield County District Court to appoint an arhitrator pursuant to Colo.
Rev. Stat. § 13-22-205. All hearings shall take place in 'Garfield County. Colorado . . The 31billatof shall have discretion to allocate his or her fees and expenses among the parties
pursuant to Colo. Rev. Stat § 13-22-212. The arbitrator shall also awaId the prevailing party or parties reasonable costs and attorneys' fees. The Garfield County District Coon may confinn
any arbitration awaId as an Order of the Court pursuant to Colo. Rev. Stat. § 13-22-213, which Order shall beenforceall1e to the same extent l!S any other civil judgment of the Garfield
County District Court STONER.-Ditch Agreement-l Page 5 o/B
I llmll 11111111111111111111 111111111 111111111111 III S6SS78 0613812000 08:21A 81155 P221 " ALSDORF IS 0' 8 R 40.00 D 0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, the parties hereto
have executed this Agreement on the day and . year first wri~ve. Eric Calderon ~frr=*.Lt.. QA,.-, . ~esioner I . I.. , ~ lCa.roJYcllS~tOll~ /; > =.e' HxTomare 'd2 /J. ~. ..~.~ "" '~n~~·t?/J
t_·_0··~J''''·-<''';'' Sarah Tornare Acknowledgements on following pages: STONE-R·Dib::h Agn::anc:JIt.l Pnge6t:Jj3
11111111111111111111111111111111111 m11 1111111 ~II ~1I!II78 111/311/2000 BIll 27A 81185 P222 " ALSDDRF 7 af 8 R 40.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) ) 5S: COUNTYOF Gt.d."lj
) STATE OF COLORADO ) ) 55: COUNTY OF ) Notary Public -p-. On this 21:... day of .::r 4-n.e... • 2000. before me. the undersignfd officer, personally appeared A. NEWTON BARTLEY n, known
to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. In
willless whereof, I hereunto set my hand and official seal. My CollU1liaion Expires 09I28l2OO2 My Commission expires: ______ =' .~~~~ Le.~,--~/,Noi;'T.1'~c ,.,,'"'''''''''' STATE OF
COLORADO ) c:;7J ;,:.-:~:;::;::.-_> ) , .,' "'--, ......... :. COUNTY OF Corf;.1 j ) SS··>~~\l."("\li'r\ 'J[)f'!I ~ .• :, .~~~ J On this ~ day of .2000. before me, the undersigned officer,
personall,x\. <J" -".-' appeared JAKE STONER. and AROLYN STONER. known to me (or satisfactorily proven) to be>,,<·;:,;:::.:., ; the persons whose names are subscribed to the within instrument
and acknowledged !bat theY" '.-." executed the same for the pmposes therein contained. In willless whereof. I hereunto set my Ilancl and official seal, My Commission expires: _..._ Cut_Ji_lWa_l"1_0J_
2 ~l%OOO STONE-R~Dittb AfrCC:menI.J Puge 7of8 ~}.~e~ NO~
STATE OF COLORADO ) ) 5S: COUNTY OF -:?~\.... } I 111111 11111 111I11 11m IIIII1IIIII mill III 11111 11111111 se1l711 08/30/2008 1/J9: 27A BUllS P223 " ALSDORF II of 8 R 41!1.00 D I!I.I!II!I
GARFIB..D COIMTY CO On this ~day of vV\. .... 1 ' 2000, before me, the undersigned officer, personally appeared GEORGE STRANAHAN, knOwn to me (or satisfactorily proven) to be the persoo
whose name is sUbscribed to the within instrumeItt and acknowledged that he executed the same for the purposes therein C.OD.I 3ined. .[u witness Iw .he ~r eof, r hereunto set my hand
and offi.c<ia~l~ ::~;e;a·;i.."-".,.,.f, .,> . My ComnusSIOO expires: "I-,1..<0\; -,.l:IOS. . ;:" ::;'''/' ,C} c\'·.";~ ~ ~ i 'OF :'r.O -. ,"<"? STATEOFCOLORADO ) ) ss' COUNTY OF C; ......
P;,/d) . : to'· ~. 0. -..J : .... :: t=-lt.".!:"f,1. ~ r. ~r. f t.f Nolary Pubh \~"~:: .••• j,~: .. ~::' .. ' .:" .. : .. , •... :::: .. ::~.: .. '::.: ,', . f1. ...,-00 this ,2fL day
of J lA. >1 e.. , 2000, before me, the undersigned officer, personally appeared FELIX TORNARE and SARAH TORNARE, known to me (or satisfactorily proven) to be the persons whose names
are subscribed to the within instrument aod acknowledged that they executed the same for the pUtpOSes therein contained. In witness whereof, r hereunto set my hand and official seal.
My Commission expires: 'II\IOm!rftIknaJq:!re:1t:r.~"''lIlO STON&R~Ditcb Agrecrncnt-1 l'ng<8oj8 N~ J..ik.a~
'=0) ~,;g~f'"~'1.,~ I)~"",~ ... -..... l) ~-i~",k~~~ l) t"~;~;:: . .::~,-" ~ .. ~ .. M:"_",_...,.,. .. _ LAND SITUTATED IN A PORTiON OF LOT 7 AND THE S£I/4 OF SECTION 19, TOWNSHIP 7
SOUTH, RANGE 87 WEST OF THE 6TH P.l!. . COUNTY OF GARFIELD, STATE OF COLORADO r -------~---------_________ _ //~P rf!§;;;;"""l1~"'§::=~¥~"""..~'"'"'~.~ ='-~' ~.n'l1 J-i~'_~.= o'~-,";;-""'"~""'"I
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o ,)'.t')~ •.. .., .... "---~s3s:J914I !t". -P-hi. _.--0"''" ~~ lf J.7i..j-Rccep!IOJtN/\._.. m.« ",4, _. . __ R.remdtrr BO(lt0884 .'!r.: 521 :(" -( -.. , ...• '--'''". """-._ .. '-..
:.--. -.. :: .. ::':~:-.:';-'::'~~-~":':=' r WARRANTY DEED I· THIS DEED. "'de Ihn do> or n.t:1IftIbGr .19 93 • ___ _ lI. CROU!H I ,I \. "t'oII...,.ef'" Stato of Tlxaa:, ,: .,,. ._t'~.~ond
I: ASPEN SK%IHG COMPANY, a colo~odo genoral partnership ij I' 1-..... -.. I P.O. Box 1248, ~open. COloraao 81612 DEl: 0 2 1993 r GAHflELO 8tate Doc. fee S :>.f.5o or.1t< ('_or Pitkin
_5t.ol'''(,_,'''~): -\It1TNr.K'W-TJI. Th,1 cMp.IdGfft), rot WId In torIiidrnltmottlil IImot T'IfcI I1IJndrod Eiqhty-r1 Ve 'l'hOU!lU".:"":::: . ana no/100 ($285.000.00) DOI.IARS. • rho
H«lpI aM .... !Ki' of ..midi ,. ... ." drHMIfd_. ..... 1fIIIfCId. hlrplftetJ. toId,tId ~d •• 1Id f1)' l'hoe ItftClnJ' do 0:!i1 • .,am. hl!tptfl. wn. taft'Iq'.lad cmflttn. unlO lhe ItIDlr.ctJt.i
t8 Succ.SfJorS .1Id -.' (Dft'VGI'.IU lhe' rol jlrlllM!'rty.lopIhn wit" i-I,I. H., '. Ii ~ , 'fnJ'f'MftII:ntI. ,hnt. til_Ill', ryi"l aftCf ftCt .... i. tile COfItrfyol' Garfl.e-ld .Stnc
01 CtJ/ror'Ido. ~d"'~ Sire EXIIIBI'l' .~. I\'l"1'ACII1I! lI&f<Z'1'O lINt) MJ.\)Z A PAII'l' m:REOF. tJtao IcIlfM'lf "Ytlnl1 Ind numbl!r .. ~ VA:ant Lan/!. :: 1'fJGI':fIIF.Awi1h _n ,,!')If
,i_" 1P1o blNdtllmml •• 1Id' 'ppur1euftCCls lhefl'lO I'telontlnloor 1ft .~IH .~itll"J. ,",1be ~.nd ,J r~. ,m.ll,nder 1M '~II'Idt~ len'll. 'It"" Ina fH'mt" IMf'f(Jr. .nd all Ole etl*rr.
'1"". lide. '"k'ttJol. c:rlim ilnd arm.nd ~~ or 'J " lilt .,..nfDf('-J. rhlK" .n 11"""tll' equnv. Of. lI) .. ftd to tflt lOOW t.rp!ntd pRmllC" with tbe ,,",tlll,ntlS"'" .lId appurifftlM"-~uC'ces~.
Tt} fMVt. "NO m 'fOU) IM:q1d ~ttP.ftfwr ~Md."" ",,"Ihtd WIth thr .ppu.flenlnt'cS. tlfllClIM 11* .. 1«(1(1 tEl 'ftm".: .ftd~:t ~ Anc:flkJnl,"CW(~'. ror hQr MI f & her bel" 1M pcn.Dtr.t
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ahe i. ..WdJ 'll!tt.cd or* ptClli..,. above ron'I'C)'M. IIJt s aond. lUff, 1*1(t-1 •• b.wll .. tc-and indl:f'nsrhk Cltl.le nf IfI~rHt;nc;lV. • in law. In fH"umpSt •• nd Itt a JQOd riJI'If,
Aa" powtt.nd IlUlJJoti1y (('uanl. blrplft. \CUaM C'fII'My rhe"mt Itt muncr ,nd rOtTl't II i' ( I1OfNH1.ncf Chit thI!o ... me.we hoc: IfICf cIvIr from.ff IOrfJlC't aM oC .... .,aan. barpfM.
taJot.·hen\,rntt. .~. acvmbr'lKts. -.nil i rnlrk'lNJfti "rwr..JlC¥t:t lelftd .. ftIlWt' Iftr'¥rr. au::fpI q8neral tltXo. And "'8ae-S:lJnentS Eor the YIi!I(Jr "1993 -and 8U1>BoqU ....
t y.ars and .abj"c~ to tllo ........ tten Mt torth in Exhibit "n" .; . attached hereto and made A part hereof " N " "t"" Ii \'II ;, -., i! ~ ;, d ;i 4. .. i .. :~i llw Ir.,"."",) shall.rId
will WARRAN'1 "ND FOREVER: DtFP.Nf} I" ~bat •• Ut~d Jl"lImrMIL til the' qultt .tId pnttabfel'OtWltloll eta..,.~ i ts suC'ceS8~alMl"IIJm,"PIMl liD .nd~ """'" 1:' pefSoM r.lI'rulll' dalmiflt.
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