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HomeMy WebLinkAbout1.0 ApplicationGARFIELD 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 MAR 1 5 2007 Special Use Permit GENERAL INFORMATION (To be completed by the applicant.) ➢ Street Address / General Location of Property: /271/19 b'wy 'Z CAReo'JDALE, co R/623 ➢ Legal Description: PLE4554— SEE_ /17`r4c-PeD E XH /BIT 4 ➢ Existing Use & Size of Property in acres: 5 (A/Qt-E-- FAf►1 1,11 yoME - 3.1 Z/ Ac. ➢ Description of Special Use Requested: /000 QVALE roof GUEST »t'v$E > Zone District: i4 ggj > Name of Property Owner (Applicant): Nap' 5. EFF, 2E5 5 > Address: (Z71-16, Hwy 82 Telephone: (970) 930 - 505S ➢ City: C�- SON LDA LE State: CO Zip Code: 9/d)2 S FAX: F3/o)3/7-71/77 ➢ Name of Owner's Representative, if any (Attorney, Planner, etc): ➢ Address: Telephone: ➢ City: State: Zip Code: FAX: ➢ Doc. No.: ➢ Planner: STAFF USE ONLY Date Submitted: TC Date: Hearing Date: APPLICATION SUBMITTAL REQUIREMENTS As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: . Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. 2. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing w I water, please attach a copy of the appropriate well permit and any other legal water su ply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. ✓3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4. Submit a vicinity map showing slope / topography of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. ✓5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all the subject property and public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, public and private landowners and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the Assessor's Office. We will also need the names (if applicable) of all mineral right owners of the subject property. (That information can be found in your title policy under Exceptions to Title). Submit a copy of the deed and a legal description of the subject property. 7. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. 8. Submit an statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and ,approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; 9. Depending on the type of Special Use Permit requested, you may need to respond to additional review standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 & 5.03.08], Accessory Dwelling Units [section 5.03.21], Utility line/Utility Substations, etc. Specific sections of the Zoning Resolution which can be Iodated on the Garfield County web site at http://www.garfield-countv.com/building and planning/index.htm, or information can be obtained from this office 10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. 11. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. II. PROCEDURAL REQUIREMENTS (The following steps outline how the Special Use Permit Application review process works in Garfield County.) 1. Submit this completed application form, base fee, and all supplemental information to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete. In addition, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Special Use. (If Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested Special Use and the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed special use and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described in the paragraph above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. In addition, the Applicant shall provide proof, at the hearing, that proper notice was provided. 5. Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. • (Signature of applicant/owner) Last Revised: 02/2006 MAY 3 1 2007 28 May 2007 Garfield County Planning Department 108 8`fl Street, Ste. 401 Garfield County Plaza Building Glenwood, Springs CO 81601 RE: David Etfress application to construct a Guest House on a 3.121 -acre property located at 12746 Highway 82. 1 have met with David Ef ess and viewed the site where he proposes to construct a 1000 square foot Guest House. As a property owner near the proposed site of this Guest House, I find no objection for consideration of this construction if the unit will be used as a Quest house only and not as a rental unit. Mr. Effress stated the unit could not be used for a rental unit due to Garfield County land use restrictions. My only concern would be of future owners of this property if Mr. Effress should sell his property "sometime down the road". Would Garfield County enforce the use of this new construction as a Guest House only should a new owner wish to use the unit as a rental? All real estate agents involved in the listing of this property for sale and/or the agents representing the buyers of said property would need to be advised that the Guest House is as stated, a Guest House only and not a potential rental unit. Therefore, I would be in favor of the construction of a Guest House by David Efress for his specific use as a guest house; however, I would find objection to construction of this unit should it be used as a: rental unit in the future. Gary,C. ars all 12748 ghway 82 Carbondale, CO 81623 xc: David Effress Attachment r-0""'4STATE ,a.AO OF COLORADO -- — — — — OFFICE OF THE STATE ENGINEER 1313 Sherrnan Si.,SI., Derr, Colorado 902D3 819 Carhennlal Brig„re Far Otflui use osuy PERMIT NUMS>=I� 19096 REGIISTRATION OF DFCREED l`XiS f1NG WE[ . PURSUANT TO C.R.S.37-92-2O4{2j 1. WELL OW ER NAME{S} : MEADE AND VELDA F. HARKER Maiiing Address. RT 1 St X 5A City, St. Zip : GARBONDALE CO Phone: LL�OCATJON COUNTY: 3ARHELD OWNER'S WELL NUMBER; HARKER DOM WELL #1 IW (Addrttesj (CIty1 {StertBJ (21p1 Sw 114 oi rile sE 1 f4, Sec, 27 Twp. 7 SOLJH , Rng. 98 WEST , 6 R.M. Distances irom S$cti4n Lyes 2542.2 Feet from South Settlor Lire, 21 B.5Feai lroin East Section line. The wall has historically boon used for the following purpose(s): DO ►iESTIC 4. Water from the wet was first used beneficiaiiy by the originai owner for the above described puroose(a) on APRIL 5 1969. _ iota, depth iwall Is JLO feet. 3 The pumping rate is . 5 gallons per minute. 7, The average annual amount of water diverted is acre feat, e. The land area irrigated from this well Is: acres described as: FOR OFFICE USE ONLY IN ACCORDANCE WrFH THE PROVISIONS OF SECTION 37-92-304(8), CRS, ME STATE ENGINEER HAS ENTERED INTO HIS RECORDS, UNDER THE ABOVE ASSIGNED WELL PERMIT NUMBER, THE DETERMINATIONS MADE BY THE DIVISION 5 WATER COURT IN CASE NO, W-1298 FOR WELL NO, HARKER DOMESTIC WELL #1 4 - - - 4 2, MAY 14 1992 Ace(ne Siete EnQirreer By Data Court Case No. W-1298 Div. 5 Co, Q WD 38 Basin MD Use 8 4 J - Office Use Only 1 Form CWS414 {D6J2DD6} J COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST-, RM 81 B, DENVER, CO 80203 plt❑ne - info: (3a3) &635$7 main: {363}866.3581 Fax: {303) 8E53580 httryl;llwww•water siate.Go.us : i!� D p.�'n Eri .� � u ' -0 I` y :` " .:Ce E5} RESIDENTIAL Nolo: Also use Ibis lorill Io apply for lireS1140r watering Water Well Permit Application ' Revievr instructions on reverser side prior to completing farm. The form must be completed in btaak or blue ink pr typed. R. Use Of Well (check'appliaalle, boxes) ' 1. Applicant Information see Instructions to determine rise(s) tor which you may quality Cl A. Ordinaryreahold use In ono single•fa nny dwelling (no outside use) Ordinary household use in 1 l❑.3 single-family dwellIngs: Number of dwellfens 1_ . Name or ef'Alte:rnl I,Al I) E'F FP �- Meting oddrnspe- i -. TjOA �{ _ , dame gardeMarwn Ir17galt+}rt, net to exceed one acre: area irrigated 11 ub4 sq.11, la acre ID Domestic animal vralering - (narcommerraaty a c. livestock watering (on ierrntfanchlranpasture) City Cl Zb� stale LU 74 eAs 643.12 T ho {crib }er 136 tti55 E-rraIIgsrion tol] 2. Typo Of Application check applicable boxes) 1 Construct now well Igr Use exlstIeg well II Replace eXlsling well Change or increase use 71 Change some (aquifer) 0 Reepplica6on (expired permit) D Other, - 7. Well Data (proposed) fdtsgrfrx�m rale 1 1 pm anrI rrAwrrio boy Ihdra+n acre-feet T iryd doatn At fee( Aquifer ,�� 3. Refer To (if applicable) Weil partil Rwater O $ Cowl p*ne * d u' - i22g R. Water Supplier oenhnaled 112051n Detoorinillop A Wel nem or* IS this parte Thin hourxtades of a water senrice area? DYES I N° 11 -^ r+ovido name of au• allor. 4. Location Of Proposed Well 9. Type Of Sewage System J absorption leach field • Cenkral system: District name: ❑ Vault: location sewage to he hauled to: I:QUier(attach[x>pyotenglrleeringdesign arfdreport Count).., ♦ 101 on. 'j 1.r.1Soplir.tank secr,dr .7 'i Township Nora 7 no Pantie E sx w Lt p $ © ria ifi 'ndt+arYeAd1�' f n Pm, t7aran0°of.pC1(tote melon aSc("secionHoes S ore to:leaky nal p +rvlinaFLMem SOW f11 S .M FLavm©ra 10. Proposed Well Driller License #[optional): Formptecomoniwensonly- &Almaendd feet la hem oldwoll. eawtieil diracilon 11, Signature Of Applicant(s) Or Authorized Agent well locafial ed�9 tlndwue dly, sire, gyp] ,i ` } }y 1 { �v 0 LNJ 3 Med( awed addeews fs soirees m Item 1. /� Cf'r - b� �S C D 8/6, Z-5 Tho making of late statements herein COlistittile.5 penury in the second degree, w11Icti is punishable as a lass 1 mtsdamean❑r pursuant to C.R.S. Zd�104 (13)(a). I have road the statements heroin, know the contents Iheroof and state that thaxare true to knr wTedpe• F________ _ opp rnac t, GMivei intact!' lerrarrollnnkt UnaItrNL — I era unit sNBnpe were Blew= �+ Pee bele et + ) r 7 r . Date O '• .--• Forret m,rst be LIM zr.Q.120-tiZone 13 — • Wills grrade Mieters tlwtI r r Fant wee& bite TA, f i r, -t 'FF - {l 0 DJ/40W-- I� i j,J C� L� MI= ltri nrr►sr be NAD must to we north I vro:CPS wearcked tor above'7 • YES I RrynembrrrtosetDatumioNAD93 Office Use Only -----3t a. Parcel On Which Well Will ATTACH TACH A CURRENT Be Located DEED FOR 'ME SUBJECT PARCEL) u e mop name owR mop no. Sur dkV. I A. You must check and complete one El Subdivis10n: ititarne of the following: Receipt area only BlockFiling/Unit Lot El County exp plkin (aI(ach copy Narriel$Loll of county approval & survey): EJ Parcel lass than 35 acres, not in . and bounds description recorded deed 0 Mining daim rehears copy etlhe &tednrF a subsiirision, attach a deed with metes pyuria June it 1972, and a currant ^ Slam wl: Wizt C5VC4 , repo DIV WD eaIUD ■ Square 40 acre parcel as described Q Parcel of 3.5 or more awes retract O idler (hair reels6 X Lour&d wetter In Item 4 a melds end bounds dmenpom or et*vey] ascum dnd supporting doanttents} B. n et xres In ounceC, 1, 1 4 Art -you the own. Whit wee? -eIn5rt3:15tfr4} 'WET, ©nollfnor a win this he -lie Wily 891f an itis rvttert SIM 0 No iir tie - Iternlhds' luckMYLAR 505 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) P/WJD s. E g s GARFIELD COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for SPEL f4L USE" pE,e/ti/T Guest" Hou SE (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT Signature Date: -07 PAv►D S . Print Name Mailing Address: Po. Box 8 cAia t pALg fro 8/6 Z 3 10/2004 Page 4 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 Special Use Permit GENERAL INFORMATION (To be completed by the applicant.) ➢ Street Address / General Location of Property: 1271/6' //wY 82 R O J DALE , ca g/62-3 ➢ Legal Description: PL A5F 5 E 7-7-4c E Ex H /BET A ➢ Existing Use & Size of Property in acres: 5 FAMiL y /-)0/46 - 3. ! Zl AC, ➢ Description of Special Use Requested: 000 SQUAB cool- 6arsr / VS.E ➢ Zone District: A I ZD ➢ Name of Property Owner (Applicant): PAL/JD 5. EFFgE5 9 ➢ Address: (Z7'-/( f (iV'V, B2 ➢ City: P-SoN PA L6. Telephone: 070 X 30 - �D�S State: CO Zip Code: 8)623 FAX: (3I0%317 -7y77 ➢ Name of Owner's Representative, if any (Attorney, Planner, etc): N/A ➢ Address: Telephone: ➢ City: State: Zip Code: FAX: STAFF USE ONLY ➢ Doc. No.: Date Submitted: TC Date: ➢ Planner: Hearing Date: I. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (Le. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. 2. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4. Submit a vicinity map showing slope / topography of your property, for which a WT-S.G.S. 1:24,000 scale quadrangle map will suffice. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all the subject property and public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, public and private landowners and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the Assessor's Office. We will also need the names (if applicable) of all mineral right owners of the subject property. (That information can be found in your title policy under Exceptions to Title). 6. Submit a copy of the deed and a legal description of the subject property. 7. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. 8. Submit an statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; 9. Depending on the type of Special Use Permit requested, you may need to respond to additional review standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 & 5.03.08], Accessory Dwelling Units [section 5.03.21], Utility line/Utility Substations, etc. Specific sections of the Zoning Resolution which can be located on the Garfield County web site at http://www.garfield-countv.com/building and planning/index.htm, or information can be obtained from this office 10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. 11. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. II. PROCEDURAL REQUIREMENTS (The following steps outline how the Special Use Permit Application review process works in Garfield County.) 1. Submit this completed application form, base fee, and all supplemental information to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete. In addition, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Special Use. (If Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested Special Use and the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed special use and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described in the paragraph above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. In addition, the Applicant shall provide proof, at the hearing, that proper notice was provided. 5. Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. (Signature of applicant/owner) Last Revised: 02/2006 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and pIWJD S• EFf g S g (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for SPE4l9L USE pE2,/7- ,-t' Sf yousE (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT Signature Date: -1� -07 DAvaD s .gpf g 5 Print Name Mailing Address: ?O. ?'OX 8 cAfeboN17ALE (ro $/623 10/2004 Page 4 DAVID EFFRESS CARBONDALE SPECIAL USE APPLICATION NARRATIVE The nature and the character of the special use requested is to build a 1,000 square foot guest house, in a screened area, adjacent to my existing single- family home. I plan to utilize the private road, and one of the existing driveways, for the guest house. I am planning to install a separate, private engineered septic system (please see attached exhibit D). I plan to utilize the existing electric power service at the property, provided by Holy Cross Energy. Propane gas will be provided by a separate tank, provided by Amerigas of Carbondale. Water will be supplied by the existing well, and the associated water augmentation plan and allotment contract (please see attached exhibit E). Filed for record the day of Reception No. ,A.D. , at osclock M. RECORDER By DEPUTY. WARRANTY DEED THIS DEED, Made on this day of November 01, 2005 , between KIM DAVID LEBAS AND MEGAN JANE LEBAS of the County of DAVID S. EFFRESS and State of COLORADO , the Grantor(s), and whose legal address is : 12746 HIGHWAY 82 CARBONDALE, CO 81623 of the County of GARFIELD and State of COLORADO , the Grantee(s): WITNESS, That the Grantor(s), for and in consideration of the sum of ( $625,000.00 *** Six Hundred Twenty Five Thousand and 00/100 *** DOLLARS the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grantee(s), his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of GARFIELD and State of Colorado, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF also known as street number 12746 HIGHWAY 82 CARBONDALE CO 81623 TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right title interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s), his heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee(s), his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, Subject to general taxes for the year 2005 and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Grantee(s) in accordance with Section 8a (Title Review) of the Contract to Buy and Sell Real Estate relating to the above described property; distribution utility easements (including sable TV); those specifically described rights of third parties not shown by the public records of which Grantee(s) has actual knowledge and whish were accepted by Grantee(s) in accordance with Section 8b (Matters not Shown by the Public Records) an Section 8o (Survey Review) of the Contract to Buy and Sell Real Estate relating to the above described real property; inclusion of the Property within any special tax district; and, the benefit and burdens of any declaration and party wall agreements, if any and other NONE The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee(s), his heirs and assigns, against all and every person or persons Lawfully claiming the whole or any part thereof. The singular number shall include the plural, and the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the Grantor(s) has executed this deed on the date set orth above. By: By: STATE OF COLORADO ) )ss. County of GARFIELD ) KIM DAV LEAS MEGAN JANBEBAS EXI3IBIT A A TRACT OF LAND SITUATED IN LOT 9 OF SECTION 27 TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN GARFIELD COUNTY COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE EAST 1/4 CORNER OF SAID SECTION 27 BEARS N 84 DEGREES 43' 35" E 1960.00 FEET; THENCE WEST 30.00 FEET THENCE SOUTH 40.00 FEET; THENCE WEST 369.99 FEET; THENCE NORTH 326.09 FEET; THENCE EAST 267.90 FEET; THENCE N 52 DEGREES 21' 53" E 166.67 FEET; THENCE SOUTH 387.86 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO EXtiB/T E BASALT WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT NO. 514 Pursuant to C.R.S. 1973, 37-45-131 David S. Effress (hereinafter "Applicant") has applied to the Basalt Water Conservancy District (hereinafter the "District"), a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of Colorado Revised Statutes, 1973, 37-45-101, et seq., for an allotment Contract for beneficial use of water rights owned, leased, or hereafter acquired by the District. By execution of this Contract, Applicant agrees to the following terms and conditions and those certain terms and conditions set forth in the attached Order, which is fully incorporated as a part of this Contract: 1. QUANTITY: In consideration of the covenants and conditions herein contained, Applicant shall be entitled to receive and apply to beneficial use 0.033 cubic feet of water per second from the District's direct flow rights and 0.8 acre feet per year of storage or other augmentation water owned or controlled by the District. Applicant shall restrict actual diversions and consumptive use under this Contract to these amounts. The Contract amount is based on the water requirements table attached hereto as Exhibit B. Any increase or change in the water requirements to be served by the District will require an amendment to the subject Contract. 2. SOURCE OF ALLOTTED WATER: Water rights allotted pursuant to this Contract shall be from the District's water rights decreed to the Basalt Conduit, Landis Canal, Stockman's Ditch Extension, Troy and Edith Ditch, Robinson Ditch, or other water rights hereafter acquired by the District, including the District's right to receive storage water from Ruedi Reservoir and Green Mountain Reservoir. The District shall have the right to designate the water right or Decree of the District from which the Applicant's allotted rights shall be obtained. The Applicant's use of any of the District's water rights shall be subject to any and all terms and conditions imposed by the Water Court on the use of the District's said rights. Exchange or augmentation releases made from the District's storage rights in Ruedi or Green Mountain Reservoirs or other works and facilities of the District shall be delivered to the Applicant at the outlet works of said storage facility and release of water at such outlet works shall constitute full performance of the District's delivery obligation. Delivery of water from the District's storage rights in Ruedi or Green Mountain Reservoir shall be subject to the District's lease contract with the United States Bureau of Reclamation and any rules and regulations promulgated pursuant thereto. Releases from other facilities available to the District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement is not impaired by said action. K 514. David E tress. Area A. 0313.O7.1rm 1 3. PURPOSE AND LOCATION OF USE: Applicant will use the water rights allotted pursuant to this Contract for beneficial purposes by diversion at Applicant's point of diversion under the District's direct flow water rights and/or for use by augmentation or exchange. Applicant will use the water allotted by the District within or through facilities or upon lands owned, operated, or served by Applicant, which lands are described on Exhibit A attached hereto; provided that the location and purpose of Applicant's use of said water shall be legally recognized and permitted by the applicable governmental authority having jurisdiction over the property served. Applicant's contemplated usage for the water allotted hereunder is for the following use or uses: X Domestic/Municipal Industrial Commercial Agricultural Other It is acknowledged that certain locations within the District may not be susceptible to service solely by the District's water rights allotted hereunder or the District's said water rights may not satisfy Applicant's needs and purposes. To the extent that service cannot be achieved by use of the District's allotted water rights, or in the event said service is inadequate, Applicant may utilize such other water rights, by way of supplementing the District's water rights, or otherwise, as is necessary to assure water service sufficiently reliable for Applicant's intended purpose or purposes. All lands, facilities and areas served by water rights allotted hereunder shall be situated within the boundaries of the District. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado State Engineer to estimate any conveyance losses between the original point and any alternate point and such estimate shall be deducted from this amount in each case. The District, or anyone using the District's decrees, may call on any additional sources of supply that may be available at an alternate point of diversion, but not at the original point of diversion, only as against water rights which are junior to the date of application for the alternate point of diversion. In the event the Applicant intends to institute any legal proceedings for the approval of an augmentation plan and/or any change to an alternate point of diversion of the District's water right to allow the Applicant to utilize the water allotted hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates an alternate point of diversion and/or an augmentation plan to K 514. David Fffress: Area A. 0213.117 f.m 2 utilize the water allotted hereunder, Applicant shall not be obligated to bear or defray any legal or engineering expense of the District incurred by the District for the purpose of developing and adjudicating a plan of augmentation for the District. In any event, the District shall have the right to approve the Applicant's application for change of water right, and/or augmentation plan or other water supply plan involving the District's rights, and the Applicant shall provide the District copies of such application and of all pleadings and other papers filed with the Water Court in the adjudication thereof. The District reserves the exclusive right to review and approve any conditions which may be attached to judicial approval of Applicant's use of the District's water rights allotted hereunder. Applicant agrees to defray any out-of-pocket expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights adjudication necessary to allow Applicant's use of such allotted water rights; provided, however, in the event any such adjudication involves more of the District's water rights than are allotted pursuant to this Contract, Applicant shall bear only a pro -rata portion of such expenses. Applicant shall be solely responsible for providing the structures, works and facilities, if any, necessary to utilize the District's water rights allotted hereunder for Applicant's beneficial use. 4. PAYMENT: Applicant shall pay annually for the water service described herein at a price to be fixed annually by the Board of Directors of the District for such service. Payment of the annual fee shall be made, in full, within fifteen (15) days after the date of a notice from the District that the payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the payment shall apply and the price which is applicable to that year. If a payment is not made by the due date, a late fee of $50 (or such other amount as the Board may set from time to time) will be assessed and final written notice of the delinquent account and late fee assessment will be sent by the District to the Applicant at Applicant's address set forth below. If payment is not made within thirty (30) days after said final written notice, the District may, at its option, elect to terminate all of the Applicant's right, title, or interest under this Contract, in which event the water right allotted hereunder may be transferred, leased or otherwise disposed of by the District at the discretion of its Board of Directors. In the event water deliveries hereunder are made by or pursuant to agreement with some other person, corporation, quasi -municipal entity, or governmental entity, and in the event the Applicant fails to make payments as required hereunder, the District may, at its sole option and request, authorize said person or entity to curtail the Applicant's water service pursuant to this Contract, and in such event neither the District nor such persons or entity shall be liable for such curtailment. 5. APPROPRIATION OF FUNDS: The Applicant agrees that so long as this Contract is valid and in force, Applicant will budget and appropriate from such sources of K 514. David EHress. Area A. 02.13.Ip.frm 3 revenues as may be legally available to the Applicant the funds necessary to make the annual payments in advance of water delivery pursuant to this Contract. The Applicant will hold harmless the District and any person or entity involved in the delivery of water pursuant to this Contract, for discontinuance in service due to the failure of Applicant to maintain the payments herein required on a current basis. 6. BENEFIT OF CONTRACT: The water right allotted hereunder shall be beneficially used for the purposes and in the manner specified herein and this Contract is for the exclusive benefit of the Applicant and shall not inure to the benefit of any successor, assign, or lessee of said Applicant without the prior written approval of the Board of Directors of the District. Upon the sale of the real property to which this Contract pertains, Applicant has a duty to make the buyer aware of this Contract and the need to assign the Contract to the buyer. However, prior written approval of the Board of Directors of the District is required before the assignment is effective. Payment of an assignment fee in an amount determined by the Board shall be required as a prerequisite to approval of the assignment. In the event the water right allotted hereunder is to be used for the benefit of land which is now or will hereafter be subdivided or otherwise held or owned in separate ownership interest, the Applicant may assign the Applicant's rights hereunder only to a homeowners association, water district, water and sanitation district or other special district, or other entity properly organized and existing under and by virtue of the laws of the State of Colorado, and then only if such association, entity or special district establishes to the satisfaction of the Basalt Water Conservancy District that it has the ability and authority to assure its performance of the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this Contract have any rights hereunder, except as such rights may exist through a homeowners association or special district as above provided. Any assignment of the Applicant's rights under this Contract shall be subject to and must comply with such requirements as the District has adopted or may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors, provided that such requirements shall uniformly apply to all allot - tees receiving District service. The restrictions on assignment as herein contained shall not preclude the District from holding the Applicant, or any successor to the Applicant, responsible for the performance of all or any part of the Applicant's covenants and agreements herein contained. 7. OTHER RULES: Applicant's rights under this Contract shall be subject to the Water Service Plan as adopted by the District and amended from time to time; provided that such Water Service Plan shall apply uniformly throughout the District among water users receiving the same service from the District. Applicant shall also be bound by all K 514. David Flheer. Area A. I)Z13.07.frm 4 applicable law, including, for example, the provisions of the Water Conservancy Act of the State of Colorado, the Rules and Regulations of the Board of Directors of the District, the plumbing advisory, water conservation, and staged curtailment regulations, if any, applicable within the County in which the water allotted hereunder is to be used, together with all amendments of and supplements to any of the foregoing. 8. CURTAILMENT OF USE: The water service provided hereunder is expressly subject to the provisions of that certain Stipulation in Case No. 81CW253 on file in the District Court in Water Division 5 of the State of Colorado, which Stipulation provides, in part, for the possible curtailment of out -of -house municipal and domestic water demands upon the occurrence of certain events and upon the District giving notice of such curtailment, all as more fully set forth in said Stipulation. 9. OPERATION AND MAINTENANCE AGREEMENT: Applicant shall enter into an "Operation and Maintenance Agreement" with the District if and when the Board of Directors finds and determines that such an agreement is required by reason of additional or special services requested by the Applicant and provided by the District or by reason of the delivery or use of water by the Applicant for more than one of the classes of service which are defined in the Rules and Regulations of the Board of Directors of said District. Said agreement may contain, but not be limited to, provision for water delivery at times or by means not provided within the terms of standard allotment contracts of the District and additional annual monetary consideration for extension of District services and for additional administration, operation and maintenance costs, or for other costs to the District which may arise through services made available to the Applicant. 10. CHANGE OF USE: The District reserves the exclusive right to review and approve or disapprove any proposed change in use of the water right allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 11. PRIOR RESOLUTION: The water service provided hereunder is expressly subject to that certain Resolution passed by the Board of Directors of the District on September 25, 1979, and all amendments thereto, as the same exists upon the date of this application and allotment Contract. 12. NO FEE TITLE: It is understood and agreed that nothing herein shall give the Applicant any equitable or legal fee title interest or ownership in or to any of the water or water rights of the District, but that Applicant is entitled to the right to use the water right allotted hereunder, subject to the limitations, obligations and conditions of this Contract. K 514. David Effress. Area A. Ui.l3AF.hm 5 13. COMPLIANCE WITH SECTION 404 OF THE CLEAN WATER ACT. Applicant shall comply with Section 404 of the Clean Water Act and consult with the Army Corps of Engineers to complete any Section 404 compliance that may be required as a result of the construction of any facilities necessary to use contract water. 14. CONSERVATION PRACTICES: Applicant shall implement and use com- monly accepted conservation practices with respect to the water and water rights allotted hereunder and shall be bound by any conservation plan hereafter adopted by the District, as the same may be amended from time to time. 15. WELL PERMIT: If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well permit before the District is obligated to deliver any water hereunder, and it is the Applicant's continuous duty to maintain a valid well permit. Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Applicant must comply with the well -spacing requirements set forth in C.R.S. §37-90-137, as amended, if applicable. Compliance with said statutory well -spacing criteria shall be an express condition of the extension of service hereunder, and the District shall in no way be liable for an Applicant's failure to comply. Applicant agrees to mark the well in a conspicuous place with the permit number. 16. MEASURING DEVICE OR METER: Applicant agrees to provide, at its own expense, a totalizing flow meter with remote readout to continuously and accurately measure at all times all water diverted pursuant to the terms of Applicant's water right and the terms of this Contract. On or before November 15 of each year, will provide accurate readings from such device or meter (recorded on a monthly basis for the period November 1 through October 30 of each year) to District, the Division Engineer and Water Commissioner. Applicant acknowledges that failure to comply with this paragraph could result in legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. By signing this Contract, Applicant hereby specifically allows District, through its authorized agent, to enter upon Applicant's property during ordinary business hours for the purposes of determining Applicant's actual use of water. 17. CONTRACT TERMINATION: K 514. David Effress. Area A. (1213.117.frm A. Termination by District: 1. The District may terminate this Contract for any violation or breach of the terms of this Contract by Applicant, or Applicant's breach of any other contract with the District. 2. The District may terminate this Contract if, in its discretion, any judicial or administrative proceedings initiated by Applicant threaten 6 the District's authority to contract for delivery or use of the District's water rights, or threaten the District's permits, water rights, or other interests of the District. B. Termination by Applicant: 1. Applicant may terminate this Contract in its entirety for any reason by notifying the District in writing of the termination on or before April 1. Notice by said date will prevent the Applicant's liability for the next annual contract charge. 18. RECORDING OF MEMORANDUM: In lieu of recording this Water Allotment Contract, a Memorandum of Water Allotment Contract will be recorded with the Garfield County Clerk and Recorder's Office. The costs of recording the Memorandum shall be paid by Applicant. Applicant's Address: David S. Effress 12746 Hwy 82 PO Box 8 Carbondale, CO 81623 Telephone No.: (970) 930-5055 E-mail: DSW@earthlink.net STATE OF COUNTY OF ) ss. APPLICANT: Subscribed and sworn to before me this by David S. Effress. WITNESS my hand and official seal. My commission expires: K 514. David Flheu. Area A. 0213.U7.hm David S. Effress day of , 2007, 7 Notary Public EXHIBIT A A tract of land situated in Lot 9 of Section 27 Township 7 South, Range 88 West of the 6th P.M., Garfield County, Colorado, and being more particularly described as follows: Beginning at a point whence the East 1/4 corner of said Section 27 bears N. 84 degrees 43' 35" E. 1960.00 feet; thence West 30.00 feet thence South 40.00 feet; thence West 369.99 feet; thence North 326.09 feet; thence East 267.90 feet; thence N. 52 degrees 21' 53" E. 166.67 feet; thence South 387.76 feet to the point of beginning. County of Garfield State of Colorado K 514. David Fffress. Area A. 1/2. 13.1/7.14m 8 David Effress 0 O N 0 lo co ch 0 O O UP Source Series: Maximum Demand: (13) Source of Aug/Replace zzzzzzzzzzzz (900000000(500 Consumptive Use (7) (8) (9) (10) (11) (12)* Domestic Commercial Lawn Crop In-house or Other Irrigation Irrigation Livestock TOTAL O O cp CD N M W CV _V M O) 0 mt ON ON OOo0r- .- O0000 0 0 0 0 0 0 0 0 0 0 0 0 CD I -- 0 a0 00 00 00 w 00 00 0 O CO 03 03 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O o O o O O O O O o O o W Ca O O 0 0 0 0 0 0 0 0 0 0 0 0 CD CD CD CD CD 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O CCD CCD O O .-- 0 0 0 0 CD 0 O O O O o 0 0 0 0 0 0 0 0.470 000000000000 0 0 0 0 0 0 0 0 0 0 0 O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O o 0 0 0 0 0 0 0 O e-- O Total Demand (1) (2) (3) (4) (5) (6)* - - Domestic Commercial Lawn Crop In-house or Other Irrigation Irrigation Livestock TOTAL r- n r- CD 0 O Co N O CD(0 O N- F- O O O N N ,- T.. n- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1.543 W 00 00 00 W 00 O 00 aD OD W W O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O Ci O O O O o O 0 0 0 0) O 0 O O O O O O 0 O O 0 O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O 6 O O O O 6 d o 0 O O O O O O O M Cv O) M ? N- O O 00 O O O m- r 01 CI 0 0 0 0 0 000000000000 r 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O o 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 O 0 000000000000 0 O O 0 r - Or- rvr-r-Ntr-vr- 0 0 0 0 o o 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0.784 Month O 0) a la Z' m —EEE C _ — > C >, co O. w > O O U 0 0) u_2<2--3--)< cn0Zo (TOTALS --> ro of Livestock @ 11 gals/day LIP % CU for Domestic/Commer NUMBER OF RESIDENCES 8T (O C 0) C O y N N C N NC O o a o) U a) U N C N . iE W O • co C O Q C E a) J C o U 0) 0 o co 0 O o o U (0 CD cu CO n] m cc C C O U fl. O 4 LL C Cr co Cn 0 N O Elevation (feet) U co (`0 N co c9 co cL o. — O o 3 0) d o) o Q 0 Includes 5% Transit Loss F N ORDER GRANTING APPLICATION FOR ALLOTMENT CONTRACT CONTRACT NO. 514 Application having been made by or on behalf of David S. Effress and hearing on said Application having been duly held, it is hereby ordered that said Application be granted and that the attached Water Allotment Contract for 0.033 cubic feet of water per second from the District's direct flow rights and 0.8 acre feet per year of storage/augmentation water owned or controlled by the District is hereby approved and executed by and on behalf of the Basalt Water Conservancy District, for the beneficial use of the water allotted in the attached Contract, upon the terms, conditions and manner of payment as therein specified and subject to the following specific conditions: 1. The Applicant has acknowledged that the land to be benefitted by the attached Contract is described on Exhibit A attached hereto and incorporated herein by this reference. 2. In the event of the division of the property served by this Contract into two or more parcels owned by different persons, the Applicant shall establish a Homeowners Association or other entity acceptable to the District for the ongoing payment of charges due under the approved Contract following subdivision of the property. The Applicant shall give notice to purchasers of all or any part of the subject property of the obligation of this Contract, and shall record such notice in the records of the Clerk and Recorder of Garfield County, Colorado. Applicant and his successors and assigns shall comply with all rules and regulations now existing or hereafter adopted by the District, including to enforce payment of charges due under the approved Contract by present and future owners of all or any part of the real property served under this Contract. 3. Any allotment of less than 1.0 acre foot of storage water in Paragraph 1 of the attached Contract shall be deemed 1.0 acre foot for purposes of establishing the annual water service charge for such water allotment. 4. The Applicant shall provide the District proof that the proposed land use of the land to be benefitted by the water allotted hereunder has been approved by the applicable governmental authorities having jurisdiction over such land use, including evidence satisfactory to the District that each lot or parcel to be benefitted hereunder is legally subdivided. 5. Any well permits issued on the basis of this Allotment Contract shall be applied for and issued in the name of the Applicant. 6. By acceptance of this Contract, Applicant acknowledges that within two years of the date hereof or such later date as the District may approve, the Applicant shall file Order K 514. David Effr.rvs. Area A.11213.17.frm -1- with the Water Court of Water Division No. 5 a water rights plan of augmentation for utilization of water allotted hereunder at the location and for the purposes hereinabove set forth, or the Applicant's water allotment as provided in this Contract may be included in a water rights plan of augmentation to be filed by the District with the expenses thereof to be shared prorata by the Contract holders included in such plan; provided that inclusion of the Applicant's water allotment in the District's plan of augmentation shall be at the District's sole discretion. In the event the District includes the Applicant's water allotment in the District's Application for a plan of augmentation, the Applicant acknowledges that execution of the subject contract constitutes waiver of any notice of the application for the plan for augmentation by the Water Referee or the Water Clerk under C.R.S. § 37-92-302(3)(c)(I). Applicant will provide such information and assistance, including testimony, as may be needed for judicial approval of the plan. The District makes no warranty that it will secure approval of the plan. The District may establish an augmentation plan fee to be paid by the holder of any Contract or amended Contract to be included within a plan of augmentation to be filed by the District, which fee shall be payable in advance of the inclusion of such Contract in a District plan of augmentation and may be based on the District's good faith estimate of the anticipated expense of such plan of augmentation. If such augmentation plan fee paid by a Contract holder exceeds the Contract holder's prorata portion of the actual expenses incurred by the District in completing said plan of augmentation, the District shall refund such excess to the Contract holder. Conversely, if such augmentation plan fee paid by the Contract holder does not cover the Contract holder's prorata portion of the actual expenses incurred by the District in completing said plan of augmentation, then Applicant shall pay the remaining balance of its portion of the actual expenses upon the District's providing the holder with a statement for the same. To the extent that the District is caused additional costs because of objections filed specifically due to the inclusion of Applicant's Contract in the filing, such additional costs may be charged specifically to Applicant and not shared on a prorata basis by all Contractees. 7. Any and all conditions imposed upon the release and diversion of water allotted hereunder in any water rights plan of augmentation or other water rights decree of the Water Court for Water Division No. 5 shall be incorporated herein as a condition of approval of this contract. Granting of this allotment contract does not constitute the District's representation that the Applicant will receive a well permit or water rights decree for the land to be benefitted hereby. S. If Applicant intends to divert water through a well or wells, Applicant shall provide the District a copy of Applicant's valid well permit for each such well before the District is obligated to deliver water for the benefit of Applicant hereunder. Applicant must comply with the well -spacing requirements set forth in C.R.S. §37-90-137, as amended, if applicable. Compliance with said statutory well -spacing criteria shall be an express condition of the extension of service hereunder, and the District shall in no way be liable for an Applicant's failure to comply. Order K 514. David Effress. Ares A. Or13.07.frm -2- 9. The District may establish an augmentation plan fee to be paid by the holder of any contract to be benefitted by a plan for augmentation filed by the District, which fee shall be payable within thirty (30) days following the District's statement(s) to the Applicant and may be based on the District's good faith estimate of the anticipated expense of such plan of augmentation. If such augmentation plan fee paid by a Contract holder exceeds the Contract holder's prorata portion of the actual expenses incurred by the District in completing said plan of augmentation, the District shall refund such excess to the Contract holder. Approved this 13th day of February, 2007. Attest: By: 3®-it�r ..A...eL_- J., -i BASALT WATER CONSERVANCY DISTRICT By: al� Barbara Mick, Secretary Arthur Bowles, Vice President Order K 514. David El frees. Area A. 0213.O7.frm -3- E)(ffiarr D PO Box 2844 Glenwood Springs, CO 81602 Ph 970-618-5033 Fax 303-216-2796 March 5, 2007 Project No. 1297 David Effress PO Box 8 Carbondale, CO 81623 Subsurface Investigation and Revised Onsite Wastewater System Design, Proposed 2 -Bedroom Guest House 12746 State Highway 82 Garfield County, Colorado David, ALL SERVICE septic, LLC conducted a subsurface investigation and prepared a revised onsite wastewater system (OWS) design for the subject residence. The property is located in a rural residential area where OWS and wells are necessary. The revision is based on a change in the guesthouse footprint. SITE CONDITIONS The site has a main residence utilizing its own OWS. A 2 -bedroom guest house is proposed as indicated on Figure 1. Vegetation consists of juniper and pinon trees with sagebrush. The slope in the area of the proposed drain field is 20% to the east. SUBSURFACE The subsurface conditions were investigated by our firm on February 7, 2007 by observing a soils profile and by digging three percolation holes, near the proposed drain field location as shown on Figure 1. Subsurface materials consisted of a 6 -inch topsoil layer, underlain sandy clay with scattered rocks and boulders to 8 feet, the maximum depth explored. Groundwater or bedrock was not observed. Percolation rates ranged from 20 to 40 minutes per inch (MPI). The average percolation rate of 27 MPI will be used to design the OWS. DESIGN SPECIFICATIONS The OWS design is based on 2 -bedrooms and an average sewage load of 300 GPD. The installation must include a 1000 -gallon, two-compartment, precast concrete septic tank, with a Biotube pump vault in the second compartment. As an alternative, a 1000 -gallon, two-compartment septic tank, with an effluent filter on the outlet, followed by a 500 -gallon lift station may be used. If plastic Onsite Wastewater Systems Page 2 tanks are used our office should be contacted for details. If gravity discharge can be achieved our office should be contacted to provide details. Two gravelless chamber trenches must be installed as indicated on plans provided. Two rows of 13 `Quick 4' chambers, for a total of 26 chambers, and 257 square feet (SF) of infiltrative area, is required. If standard chambers are preferred we should be notified. Serial distribution should be used to distribute effluent. A shallow installation is preferred due to the presence of rocks and boulders. If a boulder is encountered during construction, the boulder should be removed, and concrete sand should placed in void. The sand should be adequately compacted to minimize settling. Construction must be according to the county ISDS regulations, the septic permit provided by Garfield County Environmental Health Depart- ment, and this design. OPERATION INFORMATION AND MAINTENANCE The surface of the drain field should be seeded upon completion. Vegetation is an important factor in drain field performance. Erosion control should be practiced during and after construction of OWS. Geo -fabrics or plastics should not be used over the drain field. Livestock should not graze on the drain field. Plumbing fixtures should be checked to ensure that no additional water is being discharged to OWS. For Example, a running toilet or leaky faucet can discharge hundreds of gallons of water a day and harm a drain field. The homeowner should pump the septic tank every two years and clean the effluent filter as needed. Garbage disposal use should be minimized, and non -biodegradable materials should not be placed into the OWS. Grease should not be placed in household drains. Loading from a water softener should not be discharged into the OWS. No hazardous wastes should be directed into the OWS. Mechanical room drains should not discharge into the OWS. The OWS is engineered for domestic waste only. ADDITIONAL CONSTRUCTION NOTES If applicable, air release valves and weep holes should be installed to allow pumping systems to drain and minimize risk of freezing. Extensions should be placed on all septic tank components to allow access to them from existing grade. Precast concrete tanks and distribution boxes should be used, unless plastic or fiberglass is required. Access to all tank compartments and distribution devices is optimal. INSTALLATION OBSERVATIONS ALL SERVICE septic, LLC, and the county must view the OWS during construction. The OWS observation should be performed before backfill, after placement of chambers and distribution pipes. Septic tanks, distribution devices, pumps, dosing siphons, and other plumbing, as applicable, must also be observed. ALL SERVICE septic, LLC should be notified 48 hours in advance to observe the installation. The design is based on information submitted. If soil conditions encountered are different from conditions described in report, ALL SERVICE septic, LLC should be notified. All OWS construction must be according to the county regulations. Requirements not specified in this report must follow county regulations. The installer should have documented and demonstrated knowledge of the requirements and regulations of the county in which they are working. Onsite Wastewater Systems LIMITS: Results are based on field investigations and data provided by the client. If soil, or any other conditions, encountered are different from conditions described in report, ALL SERVICE septic, LLC should be notified Please call with questions. Sincerely, ALL SE ]E�VTC'E septic, LLC Timothy R. Petz 3 copies SITE PLAN, LOCATION OF PERCOLATION HOLES, AND LOCATION OF PROPOSED OWS EXISTING SINGLE-FAMILY RESIDENCE SERIAL OVERFLOW LINES, PLACED IN TOP PORT OF END PLATE OBSERVATION PIPES (TYP.) 1000 -GALLON, 2" PUMP LINE TWO-COMPARTMENT SEPTIC TANK, WITH PUMP AND FILTER. TANK ALTERNATIVES MAY BE APPROVED. s WELL NOTE: SEPTIC TANK MUST BE 6 FEET FROM HOUSE FOUNDATION, AND 5 FEET FROM DRAIN FIELD. DRAIN FIELD MUST BE 20' FROM HOUSE FOUNDATION, AND 100' FROM WELL SCALE 1" = 30' NORTH 26 'QUICK -4' CHAMBERS IN TWO GRAVELLESS TRENCHES. EACH TRENCH MUST HAVE 13 CHAMBERS. P-2 PROPOSED 2 -BEDROOM GUEST-HOUSE PROFILE EASEMENT 4" PVC SCHED 40 SEWER LINE THE LOCATION OF EXISTING AND PROPOSED IMPROVEMENTS SHOWN ARE NOT THE RESULT OF A PROPERTY SURVEY. THE LOCATIONS ARE APPROXIMATE. IT IS THE HOMEOWNERS DUTY TO ENSURE ALL CONSTRUCTION AND IMPROVEMENTS LOCATIONS ARE ACCURATE. ALL SETBACK DISTANCES SHOULD BE CONFIRMED PRIOR TO EXCAVATION. 12746 STATE HIGHWAY 82 GARFIELD COUNTY, COLORADO ALL SERVICE SEPTIC, LLC 970-618-5033 PRO. NO. 1297 REV. FIGURE 1 DESIGN 2 -BEDROOM GUEST HOUSE LOADING = q = 300 GALLONS PER DAY PERCOLATION RATE = t = 27 MINUTES PER INCH (MPI) CALCULATED AREA =((1.5XgXsgrtt)/5) =468 SF PROPOSED AREA = 468 SF X 50% REDUCTION = 234 SF TRENCH SPECIFICATIONS WIDTH OF TRENCHES = 3 FEET =1 CHAMBERS LENGTH OF TRENCHES = 52 FEET =13 CHAMBERS TOTAL NUMBER OF 'QUICK -4' CHAMBERS = 26 TOTAL INFILTRATIVE AREA = 257 SF TWO TOTAL TRENCHES T 3.0' MA l DRAIN FIELD CROSS SECTION - TYP. -MI- 4- PVC OBERVATION PIPE GRAVELLESS CHAMBER (4' x 3') ' MIN LIMIT OF EXCAVATION - -6' MIN SCARIFY SURFACE SWEEP / 2 WAY CLEANOUT DETAILS CN.T.S) TYPICAL INFILTRATOR(R) OUICK4(TM) CUT SHEET 52' 48' (EFFECTIVE LENGTH) SERIAL OVERFLOW LINES TO BE INSTALLED IN 'HIGH' PORTS ON END PLATES. PLAN VIEW - TYP. r GRAVELLESS CHAMBER 'QUICK -4' 13 CHAMBERS PER TRENCH O )� 3 FEET 6 FEET MIN 1 OBSERVATION PIPE PROJECT NO. 1297 PVC PUMP LINE FROM TANK PLACED IN TOP PORT OF END PLATE REVISED FIGURE 2 Effluent Pumping System 2 -Compartment 814 AIRWAY AVENUE Project No. 1297 GARFIELD COUNTY ENVIRONMENTAL HEALTH DEPARTMENT Percolation Test and Soils Data Form - TABLE 1 - PROJECT 1297 PROFILE PIT 0 - 6" Topsoil, Root Zone, Clayey 6" - 8' Sandy Clay, Very Stiff, Moist, Tan/Brown to Light Brown Scattered Rocks and Boulders No Groundwater or Bedrock was Observed Date of Test: 2-07-07 Hole Hole Interval Measurement at Measurement at Change (in.) Percolation Rate No. Depth (in.) (min.) Start of Interval End of Interval (min./in.) MPI (in.) (in.) 1 11 10 4.50 6.00 1.50 10 6.00 7.00 1.00 10 7.00 8.25 1.25 10 8.25 9.00 0.75 10 9.00 9.50 0.50 fill 10 3.50 4.00 0.50 2 26 10 12.25 13.75 1.50 10 13.75 14.50 0.75 10 14.50 15.00 0.50 10 15.00 15.75 0.75 10 15.75 16.50 0.75 10 16.50 17.00 0.50 3 14 10 4.75 7.00 2.25 10 7.00 8.25 1.25 fill 10 4.25 5.00 0.75 10 5.00 5.25 0.25 10 5.25 5.50 0.25 10 5.50 6.00 0.50 AVERAGE = 27 MPI 20 20 40 Improvements Exempt PROPERTY PROFILE Account: R011613 Tax Year: 2007 Parcel: 239327400022 Mill Levy: 63.103000 Estimated Tax: 2,735.52 Account Type: Version: Area ID: APR District: Status: * This Mill Levy is from the most recent tax roll EFFRESS, DAVID S 12746 HIGHWAY 82 CARBONDALE, CO 81623 012746 HIGHWAY 82 CARBONDALE, CO 81623 Assessment Information D3-• PROPE2-nE5 20070101004 011 JACK A SECT,TWN,RNG:27-7-88 DESC: A TR IN LOT 9 CONT 3.121 AC. BK:1090 PG:0675 BK:1046 PG:0568 BK:1046 PG:0567 BK:0572 PG:0359 BK:0540 PG:0656 BK:0538 PG:0013 BK:0536 PG:0186 BK:0535 PG:0099 BK:0334 PG:0169 BK:1743 PG:553 RECPT:685997 BK:1636 PG:136 RECPT:662751 BK:1553 PG:161 RECPT:644309 BK:1392 PG:97 RECPT:611775 BK:1392 PG:93 RECPT:611774 BK:1392 PG:90 RECPT:611773 BK:1392 PG:87 RECPT:611772 BK:1392 PG:86 RECPT:611771 BK:1392 PG:85 RECPT:611770 BK:1223 PG:248 RECPT:573927 BK:1090 PG:0672 BK:0762 PG:0474 BK:0744 PG:0684 BK:0727 PG:0010 BK:0704 PG:0051 BK:0638 PG:0388 Actual Tax Year: 2007 Land Total SQUARE FEET Acres Taxable 145,000 399,680 544,680 11,540 31,810 43,350 0 3.121 0 43,350 Tax Year: 2006 Land Improvements Exempt Total 145,000 399,680 544,680 11,540 31,810 43,350 0 3.121 0 43,350 GARFIELD PROPERTY PROFILE Account: R112092 Tax Year: 2007 Parcel: 239327401002 Mill Levy: 63.103000 Estimated Tax: 2,561.98 * This Mill Levy is from the most recent tax roll Account Type: Version: Area ID: APR District: Status: Name and Address Information DIVIDE CREEK LAND & CATTLE CO 12744 HIGHWAY 82 CARBONDALE, CO 81623-9506 Property Location CARBONDALE, CO 81623 Assessmenftn :i ma -ion FLegal. Descr pti 20070101000 011 JACK A SECT,TWN,RNG:27-7-88 SUB:DIXON SUB AMD PLAT LOT:D DESC: AKA: PARCEL D PRE:R112059 BK:0831 PG:0106 BK:0810 PG:0788 BK:0678 PG:0770 BK:0382 PG:0060 BK:1591 PG:356 RECPT:652874 BK:1587 PG:772 RECPT:652144 BK:1577 PG:45 RECPT:650019 BK:1577 PG:44 RECPT:650018 BK:1034 PG:0233 BK:0675 PG:0324 Actual Tax Year: 2007. Land Improvement~ Exempt Total Assessed SQUARE FEET Acres Taxable 'Tax Year: 2006 Land 140,000 0 140,000 40,600 0 40,600 0 2.303 0 40,600 140,000 Improvements J 0 Exempt Total 140,000 40,600 0 2.303 0 0 40,600 40,600 GARFIELD Account: Tax Year: Parcel: Mill Levy: PROPERTY PROFILE R112091 2007 239327401004 63.103000 Account Type: Version: 20070101000 Area ID: 011 APR District: Estimated Tax: 6,404.95 Status: * This Mill Levy is from the most recent tax roll DIVIDE CREEK LAND & CATTLE 12744 HIGHWAY 82 CARBONDALE, CO 81623-9506 HIGHWAY 82 CARBONDALE, CO 81623 Assessment information Actual [Tax Year: 2007 Land Improvements Exempt Total A SECT,TWN,RNG:27-7-88 SUB:DIXON SUB AMD PLAT LOT:C DESC: EXCEPT A TR CONT 5689 SF AS DESC IN QUIET TITLE BK 1501 PQ 322. ,PRE:R112060 BK:0831 -PG:0106 BK:0810 PG:0795 BK:0678 PG:0770 BK:0629 PG:0647 BK:0488 PG:0704 BK:0408 PG:0426 BK:1501 PG:322 RECPT:633266 BK:0978 PG:0739 cres Taxable 350,000 101,500 0 0 350,000 101,500 121,637 0 0 101,500 Tax Year: 2006 Land Improvements Exempt Total 350,000 0 101,500 0 350,000 101,500 121,637 0 0 101,500 GARFIELD Account: Tax Year: Parcel: Mill Levy: Estimated Tax: PROPERTY PROFILE R112089 2007 239327401003 63.103000 10,357.73 Account Type: Version: Area ID: APR District: Status: * This Mill Levy is from the most recent tax roll Nair DIVIDE CREEK LAND & CATTLE CO 12744 HIGHWAY 82 CARBONDALE, CO 81623-9506 012744 HIGHWAY 82 CARBONDALE, CO 81623 Assessment Information Tax Year: 2007 Land mprovements Exempt Total 20070100000 011 A SECT,TWN,RNG:27-7-88 SUB:DIXON SUB AMD PLAT LOT:A DESC: ALSO, A TR OF LAND CONT .865 AC AS DESC IN BNDY LINE ADJ BK 1553 PG 161. PRE:R112060 BK:0831 PG:0106 BK:0810 PG:0795 BK:0678 PG:0770 BK:0629 PG:0647 BK:0488 PG:0704 BK:0408 PG:0426 BK:1554 PG:483 RECPT:644560 BK:1553 PG:161 RECPT:644309 BK:0978 PG:0739 ActualAs§sessed'` QU Acres Taxable 402,580 163,420 566,000 116,750 47,390 164,140 0 4.621 0 164,140 Tax Year: 2006 Land Improvements Exempt Total 402,580 163,420 566,000 116,750 47,390 0 4.621 0 164,140 164,140 GARFIELD PROPERTY PROFILE Account: R011544 Account Type: Tax Year: 2007 Version: Parcel: 239327400007 Area ID: Mill Levy: 63.103000 APR District: Estimated Tax: 1,846.39 Status: * This Mill Levy is from the most recent Name and Address Information, 1TUNNICLIFFE, BARBARA MARY LIVING TRUST 12694 HIGHWAY 82 CARBONDALE, CO 81623-9506 Property Location !012694 HIGHWAY 82 CARBONDALE, CO 81623 ssessmen Information CTax Year: 2007 Land Improvements Exempt Total tax roll 20070101001 011 JACK A SECT,TWN,RNG:27-7-88 DESC: TR IN LOT 9 DESC: ALSO A TR. CONT. .12 AC. BK:0528 PG:0074 BK:0508 PG:0366 BK:1405 PG:810 RECPT:614451 BK:1405 PG:809 RECPT:614450 BK:0744 PG:0455 BK:0744 PG:0453 Assessed i s PAcres f Taxable 130,000 237,580 367,580 10,350 18,910 0 0.910 0 29,260 29,260 Tax Year: 2006 Land Improvements Exempt Total 130,000 237,580 367,580 10,350 0 0.910 18,910 0 29,260 29,260 GARFIELD Account: Tax Year: Parcel: Mill Levy: Estimated Tax: * This Mill Levy is PROPERTY PROFILE R112090 2007 239327401001 63.103000 1,250.07 from the most recent BOLLOCK, KATHRYN ANN & WILLIAM J. 12752 HIGHWAY 82 CARBONDALE, CO 81623-9506 012752 HIGHWAY 82 CARBONDALE, CO 81623 ssessmen n orma Tax Year: 2007 Lend improvements Exempt Total ion Account Type: Version: Area ID: APR District: Status: tax roll 20070100000 011 ROBIN A SECT,TWN,RNG:27-7-88 SUB:DIXON SUB AMD PLAT LOT:B DESC: AKA: PARCEL B PRE:R112059 BK:1034 PG:0233 BK:0831 PG:0106 BK:0810 PG:0788 BK:0678 PG:0770 BK:0382 PG:0060 BK:1259 PG:410 RECPT:582288 BK:1259 PG:407 RECPT:582287 BK:1258 PG:909 RECPT:582167 BK:1258 PG:907 RECPT:582166 BK:1258 PG:902 RECPT:582165 BK:1258 PG:899 RECPT:582164 BK:0675 PG:0324 I ! Assessed t U E FEET Acres # f Taxable 1 140,000 108,900 248,900 11,140 8,670 0 2.209 0 19,810 19,810 Tax Year: 2006 Land IImprovements Exempt Total 140,000 108,900 248,900 11,140 8,670 0 2.209 0 19,810 19,810 GARFIELD PROPERTY PROFILE Account: R011351 Tax Year: 2007 Parcel: 239327400006 Mill Levy: 63.103000 Estimated Tax: 1,800.96 Account Type: Version: Area ID: APR District: Status: * This MiII Levy is from the most recent tax roll TRIBBLE, YASUKUNI C & SUSAN J 12644 HIGHWAY 82 CARBONDALE, CO 81623 012644 HIGHWAY 82 CARBONDALE, CO 81623 Assessment Information Tax Year: 2007 Land Improvements Exempt Total Tax Year: 2006 Land. Improvements Exempt 125,000 233,500 358,500 20070101001 011 JACK A SECT,TWN,RNG:27-7-88 DESC: TR IN LOT 9 BK:0464 PG:0205 BK:1610 PG:406 RECPT:657167 BK:1571 PG:482 RECPT:648886 BK:1561 PG:653 RECPT:646717 BK:1397 PG:240 RECPT:612785 BK:1396 PG:848 RECPT:612717 BK:1170 PG:550-551 RECPT:558566 BK:1083 PG:0545 BK:0815 PG:0996 BK:0747 PG:0785 Assessed 9,950 18,590 28,540 QUARE FEET 0 0 Acres 0.690 Taxable ; I 28,540 125,000 233,500 Total 358,500 9,950 18,590 28,540 0 0.690 0 28,540 GARFIELD Improvements 'I PROPERTY PROFILE Account: R011137 Tax Year: 2007 Parcel: 239327100017 Mill Levy: 63.103000 Estimated Tax: 2,110.16 * This Mill Levy is from the most recent Name and Address Information !MARSHALL, GARY CLYDE & CATHERINE L. 12748 HIGHWAY 82 CARBONDALE, CO 81623-9506 Account Type: Version: Area ID: APR District: Status: tax roll Legal Description 20070101001 011 JACK A SECT,TWN,RNG:27-7-88 DESC: TR OF LAND BK:0551 PG:0064 BK:0382 PG:0060 BK:0857 PG:0963 BK:0739 PG:0461 BK:0701 PG:0457 BK:0698 PG:0293 BK:0691 PG:0823 BK:0685 PG:0493 BK:0677 PG:0019 Property Location 012748 HIGHWAY 82 CARBONDALE, CO 81623 ssessment Information 1— - Tax Year: 200'7 and Improvements Exempt Total Tax Year: 2006 Actual >.ti k SOUA.RE FEET e Acre 150,000 270,150 420,150 11,940 21,500 0 0 4.000 Taxable 33,440 33,440 .and Exemp Total 150,000 270,150 420,150 11,940 0 4.000 21,500 0 33,440 33,440 GARFIELD Assessed I Taxable I PROPERTY PROFILE Account: R011612 Tax Year: 2007 Parcel: 239327100021 Mill Levy: 63.103000 Estimated Tax: 2,497.62 * This Mill Levy is from the most recent tax roll Account Type: Version: Area ID: APR District: Status: EVANS, ARTHUR F. & MARY ELLA BEE 1713 LEISURE LANE LINDALE, TX 75771-5326 012750 HIGHWAY 82 CARBONDALE, CO 81623 ssessmen n orma ion Tax Year: 2007 Actual 20070101001 011 JACK A SECT,TWN,RNG:27-7-88 DESC: A TR IN LOT 6 CONT. 3.12 AC ALSO A TR CONT. .34 AC BK:0572 PG:0359 BK:0571 PG:0372 BK:0932 PG:0852 BK:0730 PG:0548 BK:0704 PG:0050 BK:0646 PG:0152 BK:0638 PG:0388 SQUARE FEET Acres Land Improvernents Exempt Total Tax Year: 2006 Land 150,000 347,200 11,940 27,640 497,200 39,580 0 3.420 0 39,580 1 Improvements I Exempt 150,000 11,940 347,200 27,640 0 3.420 0 Assessed 1 PROPERTY PROFILE Account: R111877 Tax Year: 2007 Parcel: 239327202001 Mill Levy: 63.103000 Estimated Tax: 2,538.00 Account Type: Version: Area ID: APR District: Status: * This Mill Levy is from the most recent tax roll Name and Address Information 20070111000 011 JACK A MURPHY, SUSAN M & FLETCHER, PAMELA L 0018 LOS ADOBES DRIVE CARBONDALE, CO 81623 Property Location 000018 LOS ADOBES DR CARBONDALE, CO 81623 AtsessmenTITiformatibn Actual SECT,TWN,RNG:27-7-88 SUB:LOS ADOBES SUB. LOT:1 PRE:R011193 BK:1592 PG:968 RECPT:653273 BK:1173 PG:322-323 RECPT:559448 BK:1173 PG:321 RECPT:559447 BK:0919 PG:0863 BK:0785 PG:0364 Tax Year: 2007 Land Improvements TExempt Total SQUARE FEET 155,000 350,290 505,290 12,340 27,880 Acres II Taxable 1 0 2.300 0 40,220 40,220 Tax Year: 2006 Land Improvements Exempt Total 155,000 350,290 505,290 12,340 27,880 0 2.300 0 40,220 40,220 GARFIELD Acres I Total 1 PROPERTY PROFILE Account: R111878 Tax Year: 2007 Parcel: 239327202002 Mill Levy: 63.103000 Estimated Tax: 5,756.26 * This Mill Levy is from the most recent tax roll Name and Address Information Legal Description LUSHAN, SYLVIA LEON 324 LOS ADOBES DRIVE CARBONDALE, CO -81623 Account Type: Version: 20070111000 Area ID: 011 APR District: JACK Status: A Property Location 000324 LOS ADOBES DR 1CARBONDALE, 00 81623 Assessment Information r iTax Year: 2C)07 rLnd Improvements Exempt LActual 170,000 975,960 SECT,TWN,RNG:27-7-88 SUB:LOS ADOBES SUB. LOT:2 PRE:R011194 BK:1251 PG:58 RECPT:580439 BK:1108 PG:0502 BK:0868 PG:0295 BK:0859 PG:0808 Assessed 13,530 77,690 Total 1,145,960 91,220 'Tax Year: 2006 Land IImprovements Exempt _j GARFIELD 170,000 975,960 13,530 77,690 1,145,960 91,220 SQUARE FEET 1 Taxable 1 0 2.190 0 0 0 91,220 2.190 91,220 EXHIBIT A A tract of land situated in Lot 9 of Section 27 Township 7 South, Range 88 West of the 6th P.M., Garfield County, Colorado, and being more particularly described as follows: Beginning at a point whence the East 1/4 corner of said Section 27 bears N. 84 degrees 43' 35" E. 1960.00 feet; thence West 30.00 feet thence South 40.00 feet; thence West 369.99 feet; thence North 326.09 feet; thence East 267.90 feet; thence N. 52 degrees 21' 53" E. 166.67 feet; thence South 387.76 feet to the point of beginning. County of Garfield State of Colorado K 514, 1, .fires Arta A. 11215 II7 Irm 8