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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: www.garfield-county.com RECEIVED 970.384.3470"UL 0 7 2005 GARFIELD COUNTY BUILDING & PLANNING Special Use Permit GENERAL INFORMATION (To be completed by the applicant.)i ➢ Street Address / General Location of Property: 03Z9 Cori o,/// �J p .ate ki 4/go,t9e0 el Zeri 07 „ e_40 , e / 64) 1 _5 ➢ Legal Description: 41-7-4'-) P 7, ➢ Existing Use & Size of Property in acres: 7e ® 4 re S ➢ Description of Special Use Requested: l i 'L a_:_ . " t = , ill 4.:. � ,,fi�ee,, ai ^ 4ti ....e.'‘, I lli' di' ^t .Si/L/ re.54 > Zone District:`R/A? D ➢ Name of Property Owner (Applicant): t%/YSAr ., 464 ' ➢ Address: 03,;2 C ,?yeil d Telephone: 9'4 4�C' ➢ City: `-.,/ r /-!/ State: (, . Zip Code: c+ /-i j FAX: Sic; -1 IA ( I ca a n- l2 '0-11-1_..s v 0-6-r- 61-1/ -fl r^s t . Name of Owner's Representative, if any (Attorney, Planner, etc): y Address: Telephone: ➢ City: State: Zip Code: FAX: STAFF USE ONLY ➢ Doc. No.: Date Submitted: TC Date: ➢ Planner: Hearing Date: c. Thesite shall beposted such that the notice is clearly and conspicuously visible a p Y 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 Cor mmissioners. I have read the statements above and have provided the required attached information whi h is correct and accurate to the best of my knowledge. (Signature of applicant/owner) Last Revised: 11/07/2002 • • GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with a plication) GARFIELD COUNTY (hereinafter COUNTY) and _dc„0., (hereinafter APPLICANT) agree as follows: 1 APPLICANT has submitted to COUNTY an application for J (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 .)/7 Signature Date: L -bar -4 /ni ///zz71-- Print Name Mailing Address: 003,;e LD1 ©% Page 4 • • Garfield County Building and Planning Department 108 8th St., Suite 201 Glenwood Springs, Co. 81601 Nature and character of Special Use requested : 1. My application for this permit is to change a single family residence to a duplex dwelling. The original permit # 7369, 11/5/99. The house was originally built for myself, my son, and granddaughter, but since they passed away, now I must make a legal rental of their space. Nothing has changed from the original permit with the exception that a second kitchen has been added. Same number of bedrooms (6) and same number of baths (4 '/2) will comprise the total duplex (floor plan attached) I have obtained the necessary water allotment contract from Basalt Water Conservancy Dist., Contract #455, to purchase additional water, also attached. 8. Access road and number of vehicles remains the same. «) P Waste water disposal remains the same (engineered disposal system.) Thankyou,. Doris M. Hunt Utilities: electric (Holy Cross) and telephone (Qwest) remain the same. Cil -- lc.c z Uf z Co 0 m 1 d21 R 2V232 13S 0 • 0 t, -4 0 f1 0 0 d n •2- N 8 A 1 v r 2 -4rn A r- -1 1 JspJocay puo 4..13 -0 0 0-1 0 1.0 0+ 00 O o° • a_-• en a° i N g O. O. 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T • ga •--.noTt o.- gOT•No• b• '- p + 10 m a0 0+ 7--.a a -_n ....!.0 a 0o 7.-.4 inn -.p -.OM aim -.• 00.*a -a W 1 • T r 0 NOI,LdI21O9 U 8 LEGAL DESCRIPTION A PARCEL OF LAND SITUATE IN LOT 30 OF SECTION I AND LOT 2 OF SECTION 12, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 6T11 PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT IN A FENCE AS CONSTRUCTED AND INPLACE WHENCE THE NORTHEAST CORNER OF LOT 20 IN SAID SECTION 1 BEARS N. 23 DEGREES 39'56" 13. 2,287.31 FEET; THENCE S. 02 DEGREES 20'00" W. 78.20 FEET ALONG SAID FENCE; THENCE S. 02 DEGREES 16'22" W. 479.80 FEET, MORE OR LESS, ALONG SAID FENCE TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 2; THENCE N. 86 DEGREES 25'04" W. 86.16 FEET, MORE OR LESS, ALONG THE SOUTHERLY LINE OF SAID LOT 2 TO A POINT IN THE CENTER OF THE GLENWOOD DITCH; THENCE N. 41 DEGREES 29'50" W. 97.44 FEET ALONG TIIE CENTER OF SAID DITCH; THENCE N. 50 DEGREES 56'22" W. 276.94 FEET ALONG TIIE CENTER OF SAID DITCH; THENCE N. 33 DEGREES 02'48" W. 250.09 FEET ALONG THE CENTER OF SAID DITCH; THENCE N. 13 DEGREES 49'12" W. 116.58 FEET ALONG THE CENTER OF SAID DITCH; THENCE S. 88 DEGREES 07'00" E. 552.33 FEET TO TIIE POINT OF BEGINNING. TOGETHER WITH AN EASEMENT Oft RIGI-IT OF WAY 20 FEET IN WIDTH FOR ACCESS PURPOSES TO COUNTY ROAD NO. 154, AND UTILITY PURPOSES, SITUATE IN LOTS 21 AND 30 OF SECTION I. TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING 10 FEET ON EACH. SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, TO -WIT: BEGINNING AT A POINT WHENCE THE NORTHEAST CORNER OF LOT 20 IN SAID SECTION 1 BEARS N. 55 DEGREES 29'22" E. 1586.90 FEET; THENCE S. 47 DEGREES 52'25" W. 132.64 FEET ALONG SAID CENTERLINE; THENCE S. 17 DEGREES 41'47" W. 200.15 FEET ALONG SAID CENTERLINE; THENCE S. 49 DEGREES 28' 16" W. 61.60 FEET ALONG SAID CENTERLINE; THENCE S. 53 DEGREES 02'36" W. 46.73 FEET ALONG SAID CENTERLINE; THENCE S. 19 DEGREES 24'04" E. 312.88 FEET ALONG SAID CENTERLINE; THENCE S. 02 DEGREES 09'04" W. 216.75 FEET ALONG SAID CENTERLINE; THENCE S. 00 DEGREES 22'29" W. 45.27 FEET ALONG SAID CENTERLINE; THENCE S. 14 DEGREES 48'59" W. 51.34 FEET ALONG SAID CENTERLINE; THENCE S. 05 DEGREES 12'09" E. 205.87 FEET ALONG SAID CENTERLINE; THENCE S. 13 DEGREES 49' 12" E. 23.12 FEET, MORE OR LESS, TO ITS INTERSECTION WITH THE ABOVE DESCRIBED PROPERTY. COUNTY OF GARFIELD STATE OF COLORADO EXHIBIT A • 1 EXHIBIT A A PARCEL OF LAND SITUATE IN LOT 30 OF SECTION 1 AND LOT 2 OF SECTION 12, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT IN A FENCE AS CONSTRUCTED AND IN PLACE WHENCE THE NORTHEAST CORNER OF LOT 20 IN SAID SECTION 1 BEARS N 23 DEGREES 39'56" P. 2,287.31 FEET; THENCE S 02 DEGREES 20'00" W. 78.20 FEET ALONG SAID FENCE; THENCE S 02 DEGREES 16'22" W. 479.80 FEET. MORE OR LESS, ALONG SAID FENCE TO A POINT ON THE SOUTHERLY LINE CF SAID LOT 2; THENCE N 86 DEGREES 25'04" W. 86.16 FEET. MORE OR LESS, ALONG THE SOUTHERLY LINE OF SAID LOT 2 TO A POINT IN THE CENTER OF THE GLENWOOD DITCH: THENCE N 41 DEGREES 29'50" W. 97.44 FEET ALONG THE CENTER OF SAID DITCH: THENCE N 50 DEGREES 56'22" W. 276.94 FEET ALONG THE CENTER CF SAID DITCH: THENCE N 33 DEGREES 02'48x' W, 250.09 FEET ALONG THE CENTER OF SAID DITCH: THENCE N 13 DEGREES 49'12" W. 116.58 FEET ALONG THE CENTER OF SAID DITCH: THENCE S 88 DEGREES 07'00" E. 23.40 FEET; THENCE N 13 DEGREES 49'12" W. 23.12 FEET THENCE N 05'09" W. 170.03 FEET: THENCE E 558.11 FEET: THENCE S 02 DEGREES 20'00" W. 209.34 FEET TO THE POINT OF BEGINNING. AKA PARCEL B HUNT/SCHREINER LOT LINE ADJUSTMENT COUNTY OF GARFIELD STATE OF COLORADO • • BASALT WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT NO. 455 Pursuant to C.R.S. 1973, 37-45-131 Doris M. Hunt (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 0.067 cubic feet of water per second from the District's direct flow rights and 0.5 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. O:\WP-DavVCim\BW CDCLIEMSWum. Da.ihtC 455. Ares A Febm.ry 201154,d 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 O:\W P-Drce'4m\BWCDCLIENTS\Hunt, DunaK 455. Area A. February 2005,xp1 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 revenues as may be legally available to the Applicant the funds necessary to make the O:\W P-DIXa\K1rthBWCD`CLIENTSVIua4 DorislC 455. Area A. February 211(15.5,41 3 • • 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 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 OAWP-Does\Kim\BWCD\CLIENTSHunt. Dons1C 455. Ares A- February 2005.wpM 4 • • 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. 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. O:14P-154nn44n.l3WCD'CLIENTS.Hun4 Dunn‘K 455 Area A. Feimunry 2005.wry1 5 • • 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, Assignee 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: A. Termination by District: 1. The District may terminate this Contract for any violation or breach of the terms of this Contract by Applicant. 2. The District may terminate this Contract if, in its discretion, any judicial or administrative proceedings initiated by Applicant threaten 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. O:\W P -Dace\ Kim\BWCDCLIENTS\Hunt. DoniIK 455. Area A. February 2005.wp1 6 • • 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: Doris M. Hunt 0329 Coryell Ridge Road Glenwood Springs, CO 81601 Telephone: (970) 945-5980 STATE OF COLORADO ) COUNTY OF GARFIELD ) ss. APPLICANT: Subscribed and sworn to before me this by Doris M. Hunt. WITNESS my hand and official seal. My commission expires: 0:\W P-Duaa\Kim\9WCDtLIENTSWuul, Dmi.\K 455. Area A. February 2005.wpd 7 Doris M. Hunt day of .� �� ,, �_ , 2005, Notary Public • • ORDER GRANTING APPLICATION FOR ALLOTMENT CONTRACT DORIS M. HUNT CONTRACT NO. 455 Application having been made by or on behalf of Doris M. Hunt 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 0.067 cubic feet of water per second from the District's direct flow rights and 0.5 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 -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. 8. 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. -2- • • 9. The Applicant's property to be benefitted by the water allotted hereunder is located within an area in which the Applicant's diversion of water may require the augmentation of Blue Creek. The District has incurred extraordinary costs and expenses in connection with the acquisition of water rights which enable the District to augment Blue Creek. Therefore, the annual contract fee, as well as the Applicant's share of expenses incurred by the District in connection with the augmentation of Blue Creek, may be greater than such fees charged for contract allottees in other portions of the District; provided that such fees charged to Applicant shall not be greater than the fees charged to other allottees similarly situated in the area for which Blue Creek augmentation is required. 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 8th day of February, 2005. Attest: By: BASALT WATER CONSERVANCY DISTRICT By: Eta/, C -c_ Barbara Mick - Secretary Arthur Bowles, President O:\W P-DmsVGm,B WCIICLIENTSViYat, DoriaN.aa A Covtr.ct DnflsiOt for K 455. Arc. A. February 21N15.rpd -3- FRal • F•. : 9709632771 Jan. 27 2005 03:1. P2 VOITI T A PAROL 01 LAND SITUATZ IN LOT 30 os asoTION 1 AND LOT 2 OP SICTION 12, TOWNSHIP 7 BOUTN, LANG2 U9 MIST 01 TRX BIZTH PRINCIPinr. VIRIDIAN, MING MORN PARTICULARLY DASCAIIAD Al FOLLOWS, TO-WTT® smOLI IN0 AT A POINT IN A TANCA AS CONSTRUCT= AND SII PNJ►CI EXANCI THE NORTIAAAT CORNIR 07 LOT 20 IN BATD SICTION 1 =ARM 123 DIGRESS 39'56" 1. 2,287.31 111TH =INCA B 02 DRGRII8 20'0O" W. 76.20 PINT ALONG SAO FINC1► THSNCB 8 02 D=GA11S 16'22" W. 479.80 PUT. DDRB OR L888, ALONG SAID 18NC1 TO A POINT ON TIN 600TIIILY LINE OF SAID LOT 21 THTINVQI N of :MINIS 2610411 N. 86.16 FRIT. N0RZ OR LIiMB, ALONG THIN 00UTIIALY LINT 01 SAID LOT 2 TO A POSH IN TRIC NUL OF TEA GLENW00D DITCH `CRINC8 N 41 =GRINS 29'50" W. 97.44 OBIT ALONG TIE cJANT11 OF SAID =C1' T88NCs g 50 D80R188 56'22" W. 176.94 YUT ALONG TO CBNTIR OF SAID DITCH' FIST ALONG TIES OF SAID DITCH' TH}1NC0 N IS DMG2II1 491N. 8N 12" W.114.60FUT ALONG '133 CENT= OF SAID DITCH, THUCJ A 86 Dim= U7'00" A. 23.40 PSIT► TNNBNOI JI 13 DAGU39 49'12" W. 23.11 FIST THINCA N 05'09" W. 170.03 1INfTI TIINOI A 568.11 TEAT: THENCE 8 02 DAGRBIO 20'00" W. 208.34 1ABM TO TNI POINT 01 =INNING. AICA PARCEL D HHU11T/SC=1TX= LOT CIMS ADJUSTMENT COUNTY Os GARFIELD 1TAT1 OF COLORADO or Fz37631 Exhibit A U O 0 0 0 O Commercial/Other Demand (af) H U U } U Z Z > w w w — cn Z 0 o w U e W w • a H J 02 a) U co O 0 10 O O N O (a (0 Water User : i0 0 N T m a) 0 Source Series Maximum Demand • • ( 13) Source of Aug/Replace ZZZZwwwwwZZZ CD CD C7 0 F- F- F- F- F- CD C7 CD Consumptive Use (7) (8) (9) (10) (11) (12)* Domestic Commercial Lawn Crop In-house or Other Irrigation Irrigation Livestock TOTAL V N V' N ap r` V N ..it ,t N N N M (n (n (A M N N 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 d' M V O n (0 N- N- ti ti n r` N. r r` 0 - CD 0 0 0 0 0 0 0 0 0 0 0 0 O O O o 0 0 0 0 0 o O o 0 0 0 0 0 0 0 0 0 0 0 0 0.084 O O O O O O O O O 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 0 0 0 0 0 0 0 0 0 0 0 0 0.000 O O O 0- h V' N O OO n O O O O O O N M CO N 1.. 0 O O 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O o 0 o 10 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O 0 0 0 0 o O O 0 o O o 0 0 0 0 0 0 O O 000000000000 O O 0 0 up d (A 'ct up V On (f) a (n v u) 0 o 0 0 0 o 0 0 0 O o 0 000000000000 OO r- 0 Total Demand (1) (2) (3) (4) (5) (6)* Domestic Commercial Lawn Crop In-house or Other Irrigation Irrigation Livestock TOTAL uP CV CD CV T- O e- oo co (n l0 M M N O N....M 0 0 0 0 0 0 0 0 0 0 0 0 up r 0- OO 0- 0- 0- r- r` N- 0-(- N- N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O C) 0 0 0 0 0 0 0 0 0 C) O 0.084 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 O O O O O O O O O O O O O O O O O O O 00 N O u0 M 0) 0 O O O O O M N N O 0 0 O O O O O O O O O O O O 000000000000 0 c5 c5 c5 c5 c5 c5 c5 ci. c5 (5 ci 00 ,-- 0 0 o o O o O O o 0 0 o O O O O O o 0 0 0 0 0 0 0 O O O o O o 0 0 O o O o 0 0 0 0 0 0 0 0 0 0 0 0 0.000 000N 0r-ooron0 0 0 _0 0 _O CO 0_ 0 0 _0 0 0 000000000000 OD 0, Month a) t n j C U- a) 0 0 a) a) o c 0 'o (0 C >. c 0. 0 U �(i2Q2-,�<u)0z0 (TOTALS --> c O a E # of Livestock @ % CU for Domestic/Commercial 0 O v 0 N 0) NUMBER OF RESIDENCES 0 0 0 Oo 0 d O (n CD 0- O OO M N U co D1� c c O 0 _• U J a O Q ti c Q ((00 (n J O 0 0 co Elevation (feet) 0 O O O O O O U (0 (0 co • (4 • CL — 0 CL a O U a o a 0 ¢ (I) a 0 Q U 1 Total Includes 5% Transit Loss N 10% from Green Mtn. Exhibit B 1 Borrower/Dent H Pro • er UNT DORIS Address 0329 CORYELL RIDGE RD Ci CARBONDALE Lender ALPINE BANK MORTGAGE Building Sketch Cour, GARFIELD State CO Zi• Code 81623 7.3 /0 __--/qc? 07//-4./ FOUNDATION AND FLOOR PLAN SKETCH 48.0 31.0' Skctcn-tvAoaQ'Nm4ow.c LIVING 1/2 BATH DINING KiTChEN BED BATH GARAGE 48.0' I BATH BED 54.0' BATH LAUN. BED BEC 28.0 54.0' FAMILY BAR e ra tse4 NOT TO SCALE Comments: Area GLA1 First Floor First Floor GAR Garage AREA CALCULATIONS SUMMARY Name of Area Size Totals 1400.00 1568.00 868.00 2968.000 868.00 LIVING AREA BREAKDOWN Breakdown Subtotals First Floor 0.5 x 0.5 x 4.0 x 28.0 28.0 x 48.0 28.0 x 54.0 4.0 x 28.0 56.00 1344.00 1512.00 56.00 .PA No. -.+ GM M STATE OF , Q8 . OFFICE,OF 't THE S ;ENGINEER eta t ns+►n*,Sde.,latS SOiftwors St., Demrn•r, Coiorado SCSOS . For Ottior Use only FiKF1i,4� : , tArAtCri f;.:•:::,(.!..,',.: EWE Er;. ,:; „ . C.I1:.,xr,t.W. ' ,ty°,;.. . PRIOR TO COMPL 'tMG FQ':, &- - • ON REyERSESPE CHANGE IN '0 , 'ADDRESS / LOCATION WEU. P>;RMTi; UVESr+OC> TANK OR t33QStON CONTROL DAM . NEW OWNER .. NAME(S) Doris M. Hunt... Malting Address...,. 2387 Mid1 and Avenue r s CT '•8f66i ..,..,. City St Zip renwo=od. 5p'. ng:., , Phone (.970 : 9.4t:3 r5 ' ' ,; 2. THIS CHANGE. IS FOR 011E qFf ,L9WING; . In WELL PERMTT NUMB;, - 835.45 o tivESTOCKWA ER:T ►iK BER`- ER09iON C�NTR R....:..................................... ....... O' CONTROL DAM NUMBS ... 3. WELL LOCATION: 'COUNTY".Ga'r" fi e14 OWNER'S WELL DESIGNATION f.0.u.r....M.l.s...#1.................... dZ9...Dn.ry.e.1.1....Ridae..,R,oa4,....aanood...Spr44194.....6�1.......8�1.6t}.I u •i•1 (oilY) i i •) p) NE 114 of et. N E 1/4; Sec,...1.2.....:. TWO,.....,...7.... O N. ar El S., Range 89 Q E. or L:.I��W. 6th P.M. Distances from .Section in { 15Q Ft. from L' .J N. or LJ 3. Line, 1204 Ft. from U E. or 0..W. Una. Subdivision Lot ....._.... .......... Stock Filing (Unit)...,............... 4. V STOCK K K. - ; e =,, a _ " tAlkiltR • _ D ::1I • • COUNTY 0• _ . 114, Sec. ........... *Pop,.;:.,.::....,, ' 0 N. or Q S., a ....,._ .,... E, or 0 W. P. M. 5. The above listed owner'(s). 8ay(s) tit„he (they) own the pct re dscribeti herein. The existing record is bilirgxam nd fo the foltowing'reisort(e ' IE Change in name of owner. El Change in mitring address. EJ Correction of location. 6. I (we) have read the statements made herein, know the contorts thereof, end state that they are true to my (out) knowle.?ge. • (Pursuant to Section 244404-(t0)(e)` C:R;8., the making of Wee statements herein constitutes perjury in the second degree acid is purtlett,to AS a.ctaas 1 misdeirteenorj Name/Title (PIt3ase type or print) DORIS- M. HUNT ;' .._, i ..-71 '"?‘1:7•61-,/,d. Date • 3/c/ 7, FOR OFFICE USE ACCEPTED AS A AND/OR MA.1L1NO Z . ONLY CHANGE IN OWNERSHW . ADDRESSAg . .• ---� APR 0 6 1999 . _ State Engineer .. ; Court Case No. Div, Co. WA Det' Basin MD Use LIST OF ALL PROPERTY OWNERS AND THEIR ADDRESSES ADJACENT TO OR WITHIN 200 FT. OF THE SITE; Parcel numbers/ Owner's Name Address 2395-014-00-085 Spgs.,Co., 81601 Carol K. and Steven L. Schreiner 327 Coryell Ridge Rd., Gl. 2395-014-00-079 Ken Kriz 483 Co. Rd. 167, Gl. Spgs., Co. 81601 2395-014-00-104 Sanders Ranch and 2393-182-00-102 Bair Chase Prop. LLC 401 Junction Hwy.,Kerrville , TX.78746 2395-014-00-087 Nicholas Jr, and June E. Goluba 485 Co. Rd. 167, Gl. Spgs.,Co. 81601 ridge Rd. 9 Oo eoco LO-262Z buiuiofpy L 9 0 0 0 w z Zl l Z01 -00 -Z91 -£6£Z S380V t96'6 £ 13021M 3San00 1100 L 3SVHd S3a0V i 17321y NO 3SV 1 ¥ S380V 066'91 Z 130aVd 3san00 5100 l 3SVHd S38OV SSl'£l ti 130aVd 3sanoo 5100 ., l 3SVHd • ado-ai 10—S62Z < .33-S 111 68 *U— .S / (99-L) ZOL-00-Z91-£6£Z 8 130aVd 590 V 130aVd ce- v 'DV tZ' £ 401 0 0 cC '0V b0 L Z 101 a{ice a/opuogoo a deuax3 xol e J W 6L0 wti S /(i. / 6o v O/ �o Z aSOgd A,, wti , Zl—S6£Z 130aVd 3sano0 5100 l 3SVHd H� V/ 350d 09L +9Z S3a0V ON'S S 130aVd 3S8no0 1100 l 3SVHd CLO • (990 '0V l9l'LZ aSD Lid 1N3{Nd073/L'Q 3d111113 r\ • • Garfield County Building & Planning 1, ! 1, 4705 Attention Fred Jarman: Following is the documentation you requested pertaining to my special use permit. 1. Engineered septic system diagram with supporting info. Well pump test with supporting documents showing more than adequate water. 2. Legal description and deed were submitted with application, they should be in your possession. There were 2 copies of each. 3. Street improvements and access: photos included with this letter. 4. There is no additional impact on the adjacent uses of land, access point remains the same and is shown on photos of road. Vehicle use remains at 4. 5. Please plan a site visit as discussed. Respectfully submitted, Doris M. iiiuiiniiiigiuniin1999 iiiilIillliumuiiuni B1 17 P935 M ALSDORF 1 of 2 R 11.00 D 22.49 GARFIELD COUNTY CO • Filed for record the day of ,A.0. 19 , at o'&lock M. RECORDER.:; Reception No. By DEPUTY. • SPECIAL WARRANTY I ED THIS DEED, Made on this day of March 05, 1999 , between ,,RICHARD D. LINCOLN AND KAREN K. LINCOLN o of the County of Montezuma and State of Colorado , Grantor(s), and �9 DORIS M. HUNT w� whose legal address is : 2387 MIDLAND AVENUE, GLENWOOD SPRINGS, CO 81601 of the County of GARFIELD and State of Colorado , of the Grantee(s): WITNESS, That the Grantor, for and in consideration of the sum of ( $224,894.66 ) *** Two Hundred Twenty Four Thousand Eight Hundred Ninety Four and 66/100 *** 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), their 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 329 CORYELL RIDGE ROAD„ GLENWOOD SPRINGS, CO 8160 TOGETHER with all and singular and hereditaments and appurtenances thereunto 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), their heirs, successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant, and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee(s), their heirs, successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor(s): SUBJECT, HOWEVER, TO A DEED OF TRUST DATED OCTOBER 11, 1989 IN FAVOR OF CHARLES R. CORYELL AND JOAN A.CORYELL RECORDED OCTOBER 12, 1989 IN BOOK 764 AT PAGE 690 IN THE RECORDS OF GARFIELD COUNTY, COLORADO, WHICH DEED OF TRUST AND THE BALANCE OF THE INDEBTEDNESS SECURED THEREBY THE GRANTEES HEREBY ASSUME AND AGREE TO PAY BY THE ACCEPTANCE OF THIS DEEDi EXCEPT EASEMENTS, RESERVATIONS, RESTRICTIONS AND OTHEP. MATTERS OF RECORD. IN WITNESS WHEREOF the Grantor(s) have executed this deed on the date set forth above. RI AR D. LINCOLN - KA EN K. LINCOL STATE OF Colorado ) )ss. County of GARFIELD ) The foregoing instrument was acknowledged before me on this day of March 05, 1999 , by RICHARD D. LINCOLN AND KAREN K. LINCOLN m My comssvi ;� Witnes my han 7 ,;, % i i. / - / /� l e.;'� , (7- "L,' NOTA` A Notary Public STAfE OF COL I /J `.ee+ nrnico,r.e):dites12.12 Name and Address of1116on Creating Newly Created Legal Description ( 38-35-106.5, C.R.S..) gi's Escrow# GW230850 When Recorded Return to: DORIS M. HUNT :• Title# GW230850 2387 MIDLAND AVENUE, GLENWOOD SPRINGS, Form No. 16 Rev 4-94. SPECIAL WARRANTY DEED CO 81601 _=tea: Filed for record the day of ,A.D. , at o'clock M. RECORDER. Reception No. By DEPUTY. WARRANTY DEED THIS DEED Made on this day of February 08, 2000 , , between RICHARD D. LINCOLN AND KAREN K. LINCOLN of the County of MONTEZUMA and State of Colorado , the Grantor(s), and DORIS M. HUNT. AS TO AN UNDIVIDED ONE-HALF INTEREST AND STEVEN L. SCHREINER AND CAROL K. SCHREINER, AS JOINT TENANTS, AS TO AN UNDIVIDED ONE-HALF INTEREST whose legal address is : 0329 CORYELL RIDGE ROAD, GLENWOOD SPRINGS, CO 81601 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 ( $210,000.00 ) *** Two Hundred Ten 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 together with improvements, if any, situate, lying and being in the County of property, GARFIELD and State of Colorado, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF E; also known as street number 0327 CORYELL RIDGE ROAD, GLENWOOD SPRINGS, CO 81601 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 THOSE EXCEPTIONS REFERRED TO IN TITLE INSURANCE COMMITMENT NO. GW233197 ISSUED BY LAND TITLE GUARANTEE COMPANY AND EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 2000 AND SUBSEQUENT YEARS. • 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 forth above. P. RICHARD D. LINCOLN K A K. LIN STATE OF Colorado ) )ss. County of GARFIELD ) The foregoing instrument was acknowledged before me on this day of February 08, 2000 , by RICHARD D. LINCOLN AND KAREN K. LINCOLN €; My commission expires /2/13/'<3o0 j Witness my hand and official seal. - - j 4. MARGARET R. JOY "otaryP ii Name and Address of Person Cr- :t1ng Newlildmik pdMICescriptio ( :-35-106.5 .R.S.) Escrow# GW233197 ST`"ANTE 0I C0,0.9 ��, urn to: BEATTIE & CHADWICK Title# GW233197 Expires 12/2312000 My Commleslon 710 COOPER AVENUE, STE. 200 "FYitm No. 932 Rev 4-94. WARRANTY DEED (Photographic Record WD1) GLENWOOD SPRINGS, CO 81601 • .NL P um p 8611 Gaunt* ./?.aad 117 genwood Spxinga L?(9 81601 (hone: 970-945-6159 eek: 97C-948-6159 gax: 970-945-6159 • Well Test DATE: September 6, 2005 TO: Doris Hunt 329 A Coryell Rd Glenwood Springs, CO. 81601 RE: Well Test Attn: Doris, A four hour well test was performed by J & M Pump Inc. on a well located at 329 Coryell Rd. The following results were obtained: Well Depth: 85' Water Level: 58' measured from top of casing Drawdown: 1' measured from top of casing Sustained Yield: 14 GPM Clarity: Clear Recovery: 100% within 4 minutes Water Sample: State Standards Test This well will provide adequate water for the usage of 350 gallons per household per day. If you have any questions, please call Rick, 945-6159. Richard A Holub Lic. No. 1.196 Thank You! Laboratory Services Di^.on 8100 Lowry Boulevard ver CO 80230-6928 US Mail: PO Box 17123, enver CO 80217 Coloradol?cPamnent (303) 692-3090 fax (303) 344-9989 of Public Health and Environment • Lab ID No. MSA -2005003265 SAMPLE SITE SAMPLE INFORMATION Dori Hunt Hydrant Well Collected Received Reported Collected By 11/1/2005 4:00:O0PN 11/2/2005 8:41:O0AM 11/3/2005 Matrix Drinking Water CUSTOMER COMMENTS J and M Pump Inc 8611 117 Road Glenwood Springs, CO 81601 Contact Name Contact Phone Purpose Routine Chlorine residual Payment Type Billed Test Name Result Method Name Escherichia coli PA Total coliforms PA E. coli not detected Coliform absent or less than one (<1), indicates a microbiologically safe sample SM 9223 LARS Interent Address: http://www.cdphe.state.co.us/lr/lrhom.htm Modification Date:11/3/2005 #203 o • BASIS OF BEARING: S 02.16'53'E cn CD Zz r 3Z -1 O N Q -,L 1 (o) ffiO Z 1 0) o r '0 z Co n 2 rn m X r 0 m .10p,1o0aH puc 9.10101 CLERK AND RECORDERS CERTIFICATE 5 02.16'22'w 479.80' 95 9 .£ 78 �- l3 --;'-';;-4-1.i DS_ N 05.12 79'.3 51 31 E L4 N 02. �. . pm4e....- I]0.03� \. . 95' _ ......................................................... aaoo!aun AaupAs E?- en 1«-O n0 1.: m ;on" > m 0-0 OA m - o • =»+ s .O0�m 01A- ' o m m : :1 o; *. .-. - 0� 9,001 = O O d 9ed0 m <03 a. ., : '',, d °m9:174 « sn� 0 040 -' I. 1 » - �mm « TO d«m m 0_:.....i 'Od o0-' o 'ell.: -d0o- O. 4 m - 31V3I dIIN3D S.NOA3AN1S S 02.20'00-'4- 287 54 209 14 5 • -u�s- m 0 m am o g®- NZm ono - nom ON .o + o02: m -o rn 000 ^ON0�m Om'm PWm+GID O NpO O «S+ o r om m mo 0.400 emend o0 0 - m 01 0 WZ01 omou- 'in-Amo mm loo owm o0 V -m N em 01>:Wn m mem - 0 0 0 - OmN-mma 09, TZ nam« mm 0 O n0« 3 n W m i9, 01- - m am zvo 01 m::,100°23 010 -N !":70:086-:', 0 O 000 :2:3 N41 "004:01:10:13 .ON-m��m 0 ENn 0 �mm=-' 00'-°Oo04000m 001® �. 0-0. . 0w - d 3'00-040 0 1N3N31V1S DNINV39 -ID 2-2 g NO 04.00 °. 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