HomeMy WebLinkAbout1.0 ApplicationfiDV 0 t] 2007
GARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 201
Glenwood Springs, Colorado 81601
Telephone : 970. 945.8 21 2 F acsimi le: 970'38 4'347 O
www. g a rf i e I d-cou nty. com
Subdivision Application Form
GENERAL INFORMATION
(Io be completed by the applicant.)
) subdivision Name:
F Type of Subdivision (check one of the following types):
Sketch Plan XX Preliminary Plan- Final Plat-
) Name of Propertv Owner (Applicant):Eclward & Gloria Wilks
) Address:P.O. Box 583 _Telephone: 970-625-1 31 6
) City: Rifle - State: CO Zip Code: 81650 FAX: 970-625-2906
F Name of Owner's Representative. if anV (Attorney, Planner, etc)'
Deric Walter - Boundaries Unlimited lnc'
) Address: 823 Blake Avenue. Ste. 102 Telephone:970-945-5252
F City: Glenwood Springs State: CO Zip Code:81601 FAX: 970-384-2833
) Name of Enqineer: Deric Walter, PE - Boundaries Unlimited lnc.
) Address: Same Telephone:
) City:State: Zip Code: FAX:
) Name of Survevor: Michael J. Langhorne, Bookcliff Survey Services, lnc'
) Address: 136 East 3rd Street Telephone: 970-625-1330
) City: Rifle State: CO Zip Code:81650 FlrX:970-625-2773
) Name of Planner:
F Address:Telephone:
F City:State:- Zip Code:-FAX:
GENERAL INFORMATION continued...
) Location of Property: Section 34 Township 55 Range 92W
) Practica! Location / Address of Property: 5101County Road 233. Rifle. CO
) Current Size of Property to be Subdivided (in acres): 10.612
) Number of Tracts / Lots Created within the Proposed Subdivision: 3
) Property Current Land Use Designation:
1. Property's Current Zone District: ARRD
2. Comprehensive Plan Map Designation: Residential
Proposed Utility Service:
) Proposed Water Source: Wells augmented through WDWCD Area-A contracts
) Proposed Method of Sewage Disposal: ISDS
) Proposed Public Access VIA: County Road #233
) Easements: Utility:
Ditch:
) Total Development Area (fill in the appropriate boxes below):
) Base Fee: Sketch Plan - $325.00; Prelim Plan - $675.00; Final Plat - $200 paid on
F Plat Review Fee (see attached fee schedule)
10.612
10.612
BOUNDARIES
UNI-IMITED ING.
Givil & Gonsultin$ En$ineers
November 2,2007
Garfield County
Building and Planning DePartment
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Re: Wilks Subdivision-Sketch Plan and Supplemental Information
To Whom It MaY Concern:
On behalf of the owners of the proposed Wilks Subdivision, please find an enclosed application for
Sketch plan Approval. We have also addressed the concernslisted in the Garfield County Subdivision
Regulations Section 3:40 for Sketch Plan Supplemental Information'
Enclosed you should also find an Application Form, a Letter of Authorization, an Agteement for
Payment Form and a check for fee payment in the amount of $325.00.
SUPPLEMENTAL INFORMATION:
A. Source and Amount of Water Supply
potable and irrigation water for the proposed subdivision is anticipated to be supplied through the use
of a new groundwater well developed ind augmented through an Area-A West Divide Water
conservaicy District contract (#s070920EMw). The amount of potable water requested will be for 3
single family homes.
B. Proposed Type of Sewage DisPosal
Each lot will utilize an lndividual Sewage Disposal System which will be designed by a Colorado
registered professional engineer.
C. USDA Soil Conservation Service soil designations, with interpretation tables attached'
Information from the NRCS Web Soil Survey has been attached. The developable area is comprised
of three soils type: Heldt Clay Loam (6 to 12 percent slopes), Ildefonso stony loam (25 to 45 percent
slopes) and potis Loam (6 to L}percent slopes). Included in the attachment are several of the
implementation tables from the Soil Survey.
823 Blake Avenue I Suite 1O2 | Glenwood Springs l Colorado 81601- Ph: 970.945.5252 Fax: 970'384'2833
D. Statement assessing the impact of the proposed subdivision on lakes, streams and topography of
the site.
The deveropment is intended to remain rural in nature. The Silt pump canal runs through the north
portion of the property above the proposed homesites. Therefore, theianal is not anticipated to be
negatively impacted. Roadside diiches will be installed to direct stormwater runoff and sediment
coitrols will be implemented to reduce the impact of the development'
E.Statementassessingpotentialradiationhazardstothesite.
Please refer to the attached letter from Yeh & Associates, Inc' dated l]uJy 17 '2007
F. Evidence that all lots and parcels created by the subdivision will have access to a public right-of-
way, in conformance with the Colorado Stite Highway Access Code and applicable County
Regulations.
The site is bordered on the south by county Road #233, (silt Mesa Road). Each lot in the subdivision
will connect to the CR#233 public right-of-way'
G. Anticipated source of electricity, natural gas, telephone and cable T'v' services'
Electricity is anticipated to be provided by Xcel Energy
Natural gis is anticipated to be provided by Xcel Energy'
Telephone is anticipated to be provided by Qwest'
comcast was not uLl. to confirm that cabrelv is available to the site. Therefore, satellite systems
are anticipated.
Sincerely,
Deric Walter, P.E.
BOI-]NDARIES UNLIMITED INC.
Consulting and Civil Engineers
Enc.
'/ I C I N IW STRE ET|TO P OG RAP HY MAP
SCALE: 1'= 2W'
'- .:.,,;,,,\,
' Enqineer
)ARIES UNLIMITED INC.''l: DERIC WALIER. PE
]LAKE AVE., STE. 1O2
)oD SPRTNGS, CO 41601' 97c'945.5252
P ro pe rtv O w ne r/Appl ica nt
EDWARD & GLORIA WLKS
P.O. BoX 583
R|FLE, CO 8',1650
670.625.1 31 6
SuNevor
BOOKCLIFF SURVEYNG SERVICES, INC.
ATTN: MICHAEL J. LANGHORNE, PLS
1J6 EAST 5RD STREET
RTFLE, CO 81659
970.625.1 350.miltrmD2$ru@ das
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AUTORIZATION LETTER
November lOn zOOT
PROJECT: The Wilks Subdivision
ADDDRESS: 5101 County Road233
Rifle, CO 81650
Zoned A/R/RD
LEGAL DESCRIPTION:
A PARCEL OF LAND SITUATE IN THE SWI/4SEI/4, SECTION 34, TOWNSHIP 5 SOUTH, RANGE 92
WEST OF THE 6TH PRINCIPAL MERIDIAN, COL]NTY OF GARFIELD, STATE OF COLORADO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 34 AN ALUMINUM CAP LS NO. IO87I IN
PLACE; THENCE N00"07'25'E ALONG THE WESTERLY LINE OF SAID SWI/4SE1/4 A DISTANCE OF 887.48
FEET TO A POINT ON THE CENTERLINE OF THE SILT PUMP CANAL (WHENCE A REBAR AND CAP 36572
WITNESS CORNER BEARS S00o07'25"W 20.00 FEET); THENCE DEPARTING SAID WESTERLY LINE ALONG
sArD CENTERLTNE THE FOLLOWTNG SrX (6) COURSES:
1.) S33"30'00"E 174.70 FEET;
2.) 550'34'00"E 278.00 FEET;
3.) 544.05'00"E 231.20 FEET;
4.) 564'17'00"E 514.95 FEET;
5.) 548"07'.22"E 155.43 FEET;
6.) 588'19'00',E 281.64 FEET
TO A POINT ON THE WESTERLY LINE OF THE CR COMMERCIAL PROPERTIES EXEMPTION PLAT FILED
WITH THE GARFIELD COUNTY CLERK AND RECORDERS OFFICE AS RECEPTION NO. 567452; THENCE
DEPARTING SAID CENTERLINE SO3O15'09'E ALONG SAID WESTERLY LINE 60.9I FEET TO A POINT ON THE
SOUTHERLY LINE OF SAID SECTION 34; THENCE DEPARTING SAID WESTERLY LINE S89"52'40"w ALONG
SAID SOUTHERLY LINE 1338.54 FEET TO THE POINT OF BEGINNING, SAID PARCEL OF LAND CONTAINING
I0.612 ACRES, MORE OR LESS.
To Whom It May Concern:
This is to confirm that I have authorized Boundaries Unlimited, Inc. to act as my representative to
/)lt1x' 111 6'to/ iH LuiL/6
PRINTED ORTYPED NAME
fil,,,tt/(/L
TITLE
ib- .zt-c t
DATE
?uw(L AF flirwrl
STATEMENT OF INTREST IN PROJECT
work on the project noted above.
GARFIELD COTINTY (hereinafter COUNTY) and
(hereinafter APPLICANT) agree as follows:
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
Gl,,r:o Url k.
1. AppLICANT has submitted to CoLINTY an application for Tn U ilkt SubJ:v;tfan
(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 iosts to be billed to APPLICANT. APPLICANT agrees to make additional
payments upon notification by the COUNTY when they are necessary as costs are ir,:urred.
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 Comrnissioners 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 finai consideration by the COTINTY of any land use permit, zoning amendment, or subdivision
plan.
,,11///til duErn pttt frwrht)r, Httf,J
Print Name
Mailing Address:
10t2004
Page 4
Soil Map-Rifle Area, Colorado, Parts of Garlield and Mesa Counties
(Wilks Subdivision)
N
A
0 40 80 160 240
Feet0 150 300 600 900
Natural Resources
Conservation Service
10t30t2007
Page I of 3=
Web Soil Survey 2.0
National Cooperative Soil Survey
Soil Map-Rifle Area, Colorado, Parts of Garfield and Mesa Counties
(Wlks Subdivision)
Web Soil Survey 2.0
National Cooperative Soil Survey
't0130t2007
Page 2 of 3
MAP LEGEND MAP INFORMATION
Original soil survey map sheets were prepared at publication scale.
Viewing scale and printing scale, however, may vary from the
original. Please rely on the bar scale on each map sheet for proper
map measurements.
Source of Map: Natural Resources Conservation Service
Web Soil Survey URL: http://websoilsurvey.nrcs.usda.gov
Coordinate System: UTM Zone 13N
This product is generated from the USDA-NRCS certified data as of
the version date(s) listed below.
Soil Survey Area: Rifle Area, Colorado, Parts of Garfield and Mesa
Counties
Survey Area Data: Version 3, Jan 10,2007
Date(s) aerial images were photographed: 1993
The orthophoto or other base map on which the soil lines were
compiled and digitized probably differs from the background
imagery displayed on these maps. As a result, some minor shifling
of map unit boundaries may be evident.
Area of lnterest (AOl)
i. . i Area of lnterest (AOl)
Soils
l*.] Soil Map Unirs
Speclal Point Foatures
{,, Blowout
tr Borrow Pit
X Clay Spot
+ Closed Depression
}( Gravel Pit
; Gravelly Spot
g Landfill
A Lava Flow
& Marsh
.,O Mino or Quarry
@ Miscellaneous Water
@ PerennialWater
V Rock Outcrop
+ Saline Spot
:.: SandySpot
- Severely Eroded Spot
O Sinkhole
F Slide or Slip
i Sodic Spot
iE SpoilArea
0 Stony Spot
O VoryStonySpot
f Wet Spot
I Other
Special Llne Features
latr Guily
ffi Short Steep Slope
ffi other
Politlcal Features
Municipalities
C Cities
ffil UrbanAreas
Water Features
ffi oceans
Streams and Canals
Transportation
ffi Raits
Roads
.rv lnterstateHighways
i^r' US Routes
ffi State Highways
ffi|f; Local Roads
ffi otherRoads
USDA Natural Resources-- conservationservice
Soil Map-Rifle Area, Colorado, Parts of Garfield and Mesa Counties Wilks Subdivision
Map Unit Legend
. i.-. ii,,ii,.-f,,,i.', ll!fiilr,u6itt'Iame Atros ln dOl r r,;l r- PdiCdnt ofrrAtrl
30 Heldt clay loam, 6 to '12 percent
slopes
8.1 79.7o/o
34 lldefonso stony loam, 25 to 45
percent slopes
't.9 18.70
56 Potts loam, 6 to 12 percent
slopes
0.2 1.SYo
Totals for Area of lnterest (Aol) I 't0., | 1oo.o"/"
I
L$DA Natural Resources
-
uonservagon ueryrce
Web Soil Survey 2.0
National Cooperative Soil Survey
10t3012007
Page 3 of 3
Wilks Subdivision
Map Unit Description (Brief, Generated)-Rifle Area, Colorado, Parts of Garfield
and Mesa Counties
Map Unit Description (Brief, Generated)
The map units delineated on the detailed soil maps in a soil survey represent the
soils or miscellaneous areas in the survey area. The map unit descriptions in this
report, along with the maps, can be used to determine the composition and
properties of a unit.
A map unit delineation on a soil map represents an area dominated by one or more
maloi t<inds of soil or miscellaneous areas. A map unit is identified gnd named
aciording to the taxonomic classification of the dominant soils. Within a taxonomic
class theie are precisely defined limits for the properties of the soils. On the
landscape, however, the soils are natural phenomena, and they have the
characteristic variability of all natural phenomena. Thus, the range of some
observed properties may extend beyond the limits defined for a taxonomic class'
Areas of soils of a single taxonomic class rarely, if ever, can be mapped without
including areas of othJr taxonomic classes. Consequently, every map unit is made
up of thJ soils or miscellaneous areas for which it is named and some minor
components that belong to taxonomic classes other than those of the major soils'
The Map Unit Description (Brief, Generated) report displays a generated
description of the major soils that occur in a map unit. Descriptions of non-soil
(miscellaneous ar"as; and minor map unit components are not included. This
description is generated from the underlying soilattribute data.
Additional information about the map units described in this report is available in
other Soil Data Mart reports, which give properties of the soils and the limitations,
capabilities, and potentials for many uses. Also, the narratives that accompany the
Soit Oata Mart reports define some of the properties included in the map unit
descriptions.
Report-Map Unit Description (Brief, Generated)
Rifle Area, Colorado, Parts of Garfield and Mesa Gounties
Map Unit: 3G-Heldt clay loam, 6lo 12 percent slopes
GomPonent: Heldt (90%)
The Heldt component makes up 90 percent of the map unit. Slopes are 6 to 12
percent. This component is on valley sides, alluvial fans. The parent material
consists of fine-textured alluvium derived from sandstone and shale. Depth to a
root restrictive layer is greater than 60 inches. The natural drainage class is well
drained. Water movement in the most restrictive layer is moderately low. Available
water to a depth of 60 inches is high. Shrink-swell potential is high. This soil is not
flooded. lt is not ponded. There is no zone of water saturation within a depth of 72
inches. Organic matter content in the surface horizon is about 1 percent. This
"o11pon"ni
is in the R04BAY289CO Clayey Foothills ecological site. Nonirrigated
land capability classification is 4e. lrrigated land capability classification is 4e' This
soil does not meet hydric criteria. The calcium carbonate equivalent within 40
inches, gpically, does not exceed 8 percent. The soil has a slightly sodic horizon
within 30 inches of the soil surface.
Map Unit Description (Brief, GeneratedlRifle Area, Colorado, Parts of Garfield
and Mesa Counties
Wilks Subdivision
Map Unit: 34-lldefonso stony loam, 25 to 45 percent slopes
Gomponent: lldefonso (90%)
The lldefonso component makes up 90 percent of the map unit. Slopes are 25 to
45 percent. This component is on breaks, valley sides, alluvial fans. The parent
material consists of mixed alluvium derived from basalt. Depth to a root restrictive
layer is greater than 60 inches. The natural drainage class is well drained. Water
movement in the most restrictive layer is moderately high. Available water to a depth
of 60 inches is low. Shrink-swell potential is low. This soil is not flooded. lt is not
ponded. There is no zone of water saturation within a depth of 72 inches. Organic
mafter content in the surface horizon is about 2 percent. Nonirrigated land capability
classification is 7e. This soil does not meet hydric criteria. The calcium carbonate
equivalent within 40 inches, typically, does not exceed 25 percent.
Map Unit: 56-Potts loam, 6 to 12 percent slopes
Component: Pofts (85%)
The Potts component makes up 85 percent of the map unit. Slopes are 6 to 12
percent. This component is on valley sides, benches, mesas. The parent material
consists of alluvium derived from basalt and/or alluvium derived from sandstone
and shale. Depth to a root restrictive layer is greater than 60 inches. The natural
drainage class is well drained. Water movement in the most restrictive layer is
moderately high. Available water to a depth of 60 inches is high. Shrink-swell
potential is low. This soil is not flooded. lt is not ponded. There is no zone of water
saturation within a depth of 72 inches. Organic matter content in the surface horizon
is about 2 percent. This component is in the R048AY298CO Rolling Loam
ecological site. Noninigated land capability classification is 4e. lrrigated land
capability classification is 4e. This soil does not meet hydric criteria. The calcium
carbonate equivalent within 40 inches, typically, does not exceed 10 percent.
Data Source lnformation
Soil Survey Area: Rifle Area, Colorado, Parts of Garfield and Mesa Counties
Survey Area Data: Version 3, Jan 10,2OO7
-
Conservation Service National Cooperative Soil Survey Page 2 ol 2
.l
Yeh and Associates Inc.
Consulting Engineers & Scientistsl7l
July 17,2007
Gloria Wilks
P.O. Box 583
Rifle, Colorado 81650
Project No.27-225
Subiect: Geological Hazards Evaluation and Radiation Survey' Wilks Subdivision' 5101
Si[ M6sa Road, Garfield County' Colorado'
Dear Mrs. Wilks,
This letter presents the results of Yeh and Associates, lnc' geological.hazards evaluation
and radiation surve-fi"itn" Witx. SuUOivislon near Rifle, Colorado' The evaluation was
intended to provide a preriminary ""r"..r"ni of potentiar georogicar hazards as they pertain to
residentiar deveropment of the site. our evaruation wai conJucted in accordance with our
proposal dated .lune i+, iool. The investigation consisted of field reconnaissanoe, a gamma
iadiation survey and a literature revbw'
lnvestination and Observations
we visited the site on July 18,2007. The property is lo-cated approximately five miles
northeast of Rifle, colorado and northvuest of the intersedion of Miiler Gne and county Road
230, at an elevation of aoout sooo teei.-The site was bordered on the north by an inigation
ditch and on the south by county Road 230, also knourn as sin Mesa Road- An existing
residence was tocateO near tf,e cehter of the subject property and several abandoned vehicles
rrere along the nYest edge of the site'
We were provided with a sketch survey done.by.Bookcliff Survey Services, lnc. of Rifle,
Colorado for ttp subdMsion (Job O7'6g4-di, Ort"O May 9, 2@7y Jh-". :it" was gently to
moderately stoping wtth grades ot apiiorir":tJlv q to 1b percent' with. the exception of the
northvuest ,omer that was strorgry ,hfrrg *d;;"de" of approximatery 15 to 25 percent' The
site,legetation was native scrublirainiy sagebrush and weeds'
Thesitegeologywasinvestigatdthrough.rwiewofthe"GeologicMapoftheSilt
euadrangle, Garfield County, Conrio,;;;ppd by Ralph R' S-lrroba ard Robert B' S@tt'
USGS Miscettaneori Furo Sirole" u"o mi-ibat, dat"o hoor' The report indicated the site
consists of Quatemary age coilwftar srr&trvastr oepoorc. These surfaoe &posits are underlain
by tocatized lo"o'O"G1t ,n llo, th;-i;,ti;t "g'e
Snit" Member of the Wasatcfr Formation'
ufiich o,tcrops as sma* eardstone iJgo ,;^ i nirr iust north of the in[ation ditch on tte
su$ec't site.
we also reviewed the "soilsurvey of Rifle Area, colorado", united States Department of
Agriculture, 19SS. iho i"pott inOicateO [nree main s,iltypes within theprqed area' Soiltype
56 (potts ro,"m, 6 to 12 peroent sropesl-was mappea.oi'east comer of the site, with Type 30
(Heftrt day toam, d t"i, per.errt qo-,Ai ; tn" iortt*m edge and Tvpe 34 (lldefonso stonv
loam, 25lo 4lpercent slopes) on ur6 nor$rrest @mer. Trreie soils generally contain varyirqg
5700 L.ast Evans Avenuc' Denver' CO 80222
170 Mel Ra-v Road' Glenwootl Springs' CO tt l^6^0^l
570 Turner Drive, Suite D' Durango' CO 81303
Wilks Subdivision Projecn No. 27-225
amounts of sand, silt and clay as shown in Table 1. A surficial soil map is presented on Figure
1 and a brief description of the soiltypes is presented in the table below.
Radiation Survev
A gamma radiation survey was conducted on the property on July 18,2007.
Approximate monitoring points and radiation readings are shown on Figure 1. Gamma radiation
measurements were taken on an approximate 250-foot grid using a Ludlum Model 19 Micro R
Meter. Readings were taken within 3 feet of the ground surface and at ground surface at grid
points. The meter was left on during the traverse of the grid to scan along the gridlines. The 13
readings taken on the property ranged from 13 to 15 micro-roentgens per hour (UR/hr) using a
range selector of 25 pR/hr. The readings averaged 14 pR/hr.
Based on our experience and on our investigation, these background readings are
typical in this area and ue believe mitigation of naturally occuning radioactive material (NORM)
should not be required in the project area. However, areas of deep excavation may encounter
materials wtth elevated levels of NORM.
Additionally, in Gotorado buildup of radon gas in unacceptable levels often occurs in
structunas that are sealed to minimize air exchange. Passive and active mitigation procedures
are oommonly emptoyed in this region to effectively reduce the buildup of radon gbs. While we
suspect radon gas will not present a significant hazard at this site, if the occunence of radon is
of concem to the owner, u,e re@mmend a dwelling be tested and monitored after construction
and commonly utilized techniques employed to reduce the risk. Build-up of radon gas can
usuatly h mitigated by providing frequent exchange of air within the structure and sealing ioints
and cracks adjacent to the subsoils. More information is availabb at
http :/lwww. epa. g ov/radon/construc. htm l.
Table 1 - Surficial Soils
Soil
Tvoe SoilName Soil Constituents Deecription
30 Heldt clay loam Less than 5 percent sand
75 to 95 percent clay
Deep, well drained,
moderately sloping, to rolling
soilformed on alluvium. This
soil formed in alluvium
derived from shale and
sandstone.
v lldefonso stony loam
20 to 70 percent gravel
50 to 75 percent sand
10 to 30 percent silt
Deep, well drained, hilly to
steep soil on mesa breaks,
sides of valley and alluvial
fans. This soil formed in
mixed alluvium derived
primarilv from basalt.
56 Potts loam 10 to 35 percent sand
50 to 70 percent silt
Deep, well drained,
moderately sloping to rolling
soil on mesas, benches and
sides of valleys. The soi!
formed in alluvium derived
from sandstone, shale or
basalt.
Proiect No. 27-225Wilks Subdivision
Conclusions
Based on our evaluation, geologic hazards for these lots include potentially
hydrocompactive (collapsible) soils in-the Jneetwasn deposits. Expansive soils may also be
encountered in soils 'containing substantially higher amounts of clays. A subsurface
investigation should be conducted to evaluate the possibility of collapsible and/or expansive
soils. Based on our observations and research, rocKall and debris flows are not considered to
be a hazard at the subiect site. During localized, heavy precipitation ewntg, the southem
portion of the site may be susceptible toiebris floods. Runoff could be concentrated from the
!111*ing hillsides to thi south causing water and materials to be deposited on this portion 9f tlq
site. Surface drainage from the eiisting slopes should be carefully controlled. We should
review development frans to determine if-addiiional recommerdations are neoessary to protect
improvements in this portion of the site.
Limitations
This report was prepared in accordance with generally accepted geological practices in
this area for use by ihe cli;nt for preliminary planning purposes. The preliminary conclusions
and recommendations submitted in this ieiort are'based upon datra obtained from the
observations made in the field and a literature ieview. The findings and re@mmendations giEn
in nir rCp.rt are site-specific, and are only valid forthe aforementioned site.
Sincerely,
Yeh and Associates, lnc.
>=/LahL/
Sylvia White
Staff Geologist
Reviewed bY:r'-/Z,tr-;y'?
Richard D. Johnson, P.E.
Senior Geotechnical Engineer
Legend:
lndicates approximate locations and measured
radiation levels (pR/hr)
Soil Type 30 - Heldt clay loam - Deep, well drained, moderately
sloping, to rolling soil formed on alluvium. This soil formed in
alluvium derived from shale and sandstone'
Soil Type 34 - lldefonso stony loam - Deep, well drained, hilly to steep
soil on'mesa breaks, sides oi valley and alluvial fans. This soil formed
in mixed alluvium derived primarily from basalt.
Soil Type 56 - Potts loam - Deep' well drained' moderately sloping to
rolling soil on megas, benches and sides of valleys. The soil formed in
alluvium derived from sandstone, shale or basalt.
aoo
SCALET L' = 200'
NOTES:
1. Base drawing provided by Bookcliff Survey Services, lnc'
2. Soil boundaries are approximate. Soil boundaries and descriptions
w€re intorpreted from the Soil Survey of Rifle Area, Colorado,
United States Oepartment of Agdculture, 1985'
VicinitY MaP
Not to Scale
M@ creatcd with TOPOI@O2003 Natimal Gcographic
(w.mtional gmgr4brc.m/topo)
SITE MAP
Radiation and Soil
Survey
Project No.27-225 Figure 1
I
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foregoing instrument was acknowledged before me on tfris p6lfu :t
_ ZOO7, by Edward J. Wilks and Gloria M. Wilks aka Maria Gloria
llll llt r FEllllil],lll I,!|ll,[Hl,[,lll'ill'f I Hltllt t I lil'lll' t ll I I I
Receotionfl: 731481
id {r Pgyl l3l?l i 3? rB'o"l'F!.?d?46' 33nr,.uo couNry co
OUIT CLAIM DEED
THIS DEED, made this )I day of Au,t u., I ,20OT,betweenEdward J.
Wilks and Gloria M. Wilks aka Maria Ct*iu Wilks of th6 County of Garfield and the State of
Colorado, grantors, and Edward J. Wilks and Maria Gloria. Wilks, tenants in common, whose legal
address is P.O. Box 583, Rifle, CO 81650 ofthe County of Garfield and State of Colorado, grantees.
WITNESSETH, that the grantors, for and in consideration of the sum of Ten ($10)
dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, have remised, released, sold and QUIT CLAiMED, and by these presents do remise,
release, seliand QUIT CLAIM unto the grantees, their heirs, successors and assigns, forever, all the
right, title, interest, claim and demand which the grantors have in and to the real property, together
*itl, irrrprovements, if any, situate, lying and being in the County of Garfield and State of Colorado,
described as follows:
Township 5 South, Range 92 West, 6th P.M.
Section 34: NWSE, S1/2SE
also described as set forth on Exhibit A attached hereto and incorporated herein by reference
also known by street and number as: 5181 C.R' 233, Rifle, CO and 5101 C.R' 233, Rifle, CO
TO HAVE AND TO HOLD the same, together with all and singular the
appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the
esiate, right, title, interest and claim whatsoever, of the grantors, either in law or equity, to the only
proper use, benefit and behoofofthe grantees, their heirs and assigns forever.
IN WITNESS WHEREOF, the grantors have executed this deed on the date set forth
above.
STATE OF COLORADO
COI.]NTY OF GARFIELD
)
) ss.
)
/A,/1, a/c4
Gloria M. Wilks aka Maria Gloria Wilks
5i5 z:i
}io M1
ffiG
fu,i#
hand and official seal.
J.
4,t,Ytil--
expues:
Illl lllt tuii llfl ,Hl l,Hr,trt l,Hltil lill I +I HL li'l lll'l ll ll I
Reception$: 731481rietrdizool 12:51:23 Pll Jean Albenico;";i"5-R; rEii6io.ob"ooc-ree'io.oo GnRFIELD couNrY c0
EXHIBIT A
Parcel A and Parcel B, Wilks Subdivision Exemption
According to the Plat recorded March 22,2005 as Reception No.670662
Garfield County,, Colorado
also described as follows:
PARCEL A
A PARCEI, OIT LAND SITUATD IN 'I'|IE W 1 / 2SE1 / 4, SECTIOJY 34, TU I,YJVSHIP 5 SOUTH, PUANGE 92
wEsT OF THE 6TH\NNCIqAL MERIDIAN, COUNTY OF GARFTELD, STATE OF COLORADO, BEING
MORE PARTTCULARLY DESCHIBED AS FOLTOWS;
PARCELA
Coutwencmc AT1HE soua1{ 9yARTER coRlyER oF seJD sEcTIoN 34 AN ALUIIIINUM cAPI-s ivo.
loy7l IN pLACE; TtrDNcE Noo.or,zs"E ALzNG THEwffiTtsRLY LINE oF slrD w1/2s81/4 887-48
FEET To A porNi oN THE IENTERLTNE oF TiiE IILT puMP oANAL, (wIrENcE A 20' wITNEss
coRJyER, AREBARANDCaPTS NO.365T2INPLACEBEARSSOO'07',25"W20.00F881'),THETRUE
P7INT O| BEGIJYIY1]YG; THENC,E COIV?IJVI IYG ALONG sND WESTERLY LINE NO0"o7'2s'D 1865'19
FEET fO THE 1ENTER 7UARTER CORMR oF SAID SECIION 34 AN ALUMINUITI UP Ls No. 10871
IN pLACE; THENcEDEiARflivc sAID I,t/EsrERty LINE s8z'4ls1'E ALoNc rHE iYoRTHERLy UNE
oF sND Wt/ ZSAI/q A DTSTANCE OF 1337.76 FEET TO THE EAST CENTER 1/ 16 CORJYER OF SAID
1E1IION A4 AN ALUMINUIT cAP ts NO. 2761s IN PLACE; THEN3E DEPARIIIYG SND N9RTHERLY
lIiyE SOO?J '3o"EttLONG THE EAyTERLY LINEoF sNDtVl/2sD1/4 A DISTANCEoF 1332.26FEE.7
TO A POINT ON THII ]YONTHER LY LINE OF THE C,R. COMMERAAL PROPERNES E'YJ,MPTION PI'AT
riiao wtru rHE c/,RFTELD couNry cLERI( iqrrD REcoRDERS oFFIcE As REoEPT'IaN No. 567452'
i neala eno cAp Ls No. 1gsg8 rN pLAcE; THENoE DEPARITNG sArD EASTER Y LINEAL0NG
SND E.\EMPTTON PLAT THE FOLLOI'WNG EIGHT (8) COURSES:
1l NAT.16,O4iW 75.88 FEET TO A REBAR AND CdP LS iVO. 19598 IN PLACE; THENCE
i) s t t "06' t T, W 1 56.4 1 FEDT TO A REBAR 4IYD CAP Is fio. I 9598 IN PLAgE; THEI'rcE
i1 SOS,OS'IS,W 144,A6 FEET TO A REBAR AND CAP IA No. 14060 IN PLACE; THENCE
qi soz"oq,zg"W ssi;4 FEET To A RBBAR AlvD cAPLs lYo. I9598I/v PLACE; THENoE
$ soe"oS,aZ"E 1o6,s6 FEDT To A REBAR AND Up Ls No. 14060 IN PLACE; THENCE
a1 saa"u,+<,E 101,40 FEET rO A REEAR AND CAP rS JYO. 14060 IN PLACBI TUDIC_!
7) SO7.O4'1O.8 213.48 FEET TO A REBAR AM CAP rS NO. 14060 IN PLACE; THENCE
$ soe.ls'os"E 260.14 FEET To A poruT oN THE oENTERLINE oF THE sILT PUMP oANALTHENOE
'epennnc
s/qID IiESTER LY LwD AL2NG s{ID 3ENTERLINE ruE FOWOIT|IYG SLl( (6, COUNSES:
1-) N88'19'.0O"W 281.62 FEET;
2.) N48'O7',22',W 155.43 FEET;
3.) N64"17',1O"W 514.95 FEET;
4.) N44"05',00',W 23.1.20 FEDT;
5.1 Ni1"s4',Oo"w 27B.OO FEET;
o.j nss"so'oo*w tz4,7o FEET To THD I:nUE PaINT oF BEGIJYJvIIvG, s,lrD PARcEL oF LAND
co.iv?)Aflr/vc 70.860 AC'RES, MORE OR LESS.
roGE?HER wIl.I] A STRIP OF LA ND 30 FEET IN IWDTH T€N fl{E USE OFACCESS /q]VD UNUIY
EASEIT{E]YrsITvAT'.EIN THE SWl/4581/4, SEC',I'lON 34,TOWNSHIP 5 SOUTH, ILq]VGE 92I!rE,STOF
TI0E 6THqrdINCTI.ALMERTDTAN,COUNTYOFGARFTELD, SIArE OFCOLORADq .9{IDEASEIITEJYT
LYIN G 1 5 FEET IO E,{CH SID D OF THE FOLI,OUIflYG DESCKIBED CDNTERLIN E:
^IMMENCINC
A7. TttE SOUTIT QUAR?ER CORMR OF SAID SECTION 34 AN ALUITINUM CAP t-S JYO.
10871 IN PLACE; IHE.IYCE iVSg"SZ'qO"O ATOXG fHE SOUIHERLY LINE OF &{ID SECnoN 34
1 149,69 FEET TO A rcINT ON THE CENTERLINE OF AJV E)OSITVG GRAVEL ROAD THE TIF.UE POINT
OFBEGIJYiYIIYG; THENCE DDPARflJVG SqID sOUrr{ERLY LINDAL9NG SAID cENfffiUNE
Noo.So'40,8 66.aa FEEi; fo A poINT oN THE souTTrERLY LINE oF PAR?EL A, THE P1INT oF
igRrarjvus twENcETH'E soura euARTw coRJvER oFsArD sEc?roiv34 EEans s86'32'15'w
1 146.77 FEET. SIDE LIND 7'O BE LENGTHENED OR SHORIEJYED TO CLOSE UPON THE PROPERTY
LIJVES.
SUBJECT rO A STRIP OF LAITD 20 FEDT IN WIDTH FOR rilE usE oFACCESS' REPAIRa',ND
MAINTENANCE OF AWAI;, EWP WATER LI]YE.AS COffSTRUC?'ED AND IN PLACE STrUATE IN THE
SWt/ 4sEt/ 4, SEcn;N ii,'rUW;Sfnp S SOUTH, nAffcE 92 wEsT-oF THE 6TH PRIN9IPAL
MEHTDTAN, COUNTY OF GARFIELD, SrArE OF COLOMDO, SAID SIRIP OF LA ND LYLNG 10 FEET',llc
MCH SIDE OF THE FOLLOIWNG DESCRIBED CENTERUN D:
llllffilul':ll':. .,1{,l|ll,Illl,l'lltHHliHlHlltijltt,l I lll
F",?".?ldr?ti, li'rlul, Jean Arber i co
coMIr[ENcINGATT]nsn,?rr^,,,hhF_ 3 of 3 Rac Fee:$'r6.00 Doc Fee:0.00 GARFIELD couNTy co
;$!6;;'!i:iw,yi;T,it;:;:tri;3#ii;iti,ff ;ru*.i#i'#:,1il!r,tr{,#,xi
2_) N_78"04'26'e laz.r troer;3J N-48"3O'15"a ss.ggt per;'
4 ). N-2 z " r s,a 7"t t s s. zai;iT;s) N.6 6 "sz,a 2, a o a. s o rfcr;'q. N 8s "o4, 2 5 "z s s. a s reai;7) N15.o4,12"8 82.,
{iigfil*f !XXwi:*li;1,#.nri,fr z#;gtt*l,iWf,*:__
PARCEL B
A PAR1EL oF LAND sIruATE IN THD slvl/^4:p!-/_4! silcnoft J4,,/Du/JvsHJp s sour1., RANGE s2Y,ff ffilFfl fX;*y.,;:liy'"5:X#6i:i:jl*";;ZxXiJif ;,.srll?Eorcotoaabo,BE.NG
BEGINNING Ar ,HE,I2.9I QUARTER.,T$IER oF sArD s*cno' s4 .4N ALurttrNUM cAp t s No.'10871 rN pLAcE; ?HErv.cE n-ro;oi'ii;i"iLplgrnawxtraliii irivEo.sarD w1/2s81/4 887.48FEE, ro A por*r oN rHE cinrr.:niinE1rl* yirini,iiiihi;, (wHENcE A noaAR ANo craps6s72 w'flvEss co-nrven-rai ai'&ii\fiz^*w zo:od iiini,iiTnc, DE,AR,NG serD *EST,RL'UNE ALoNc sez, cwrent rnE'i6l6ir,owno sL\ (6)coutsEs:1_). s33"30'oo,E I 74.70 FEE2.) 550.34'OO"n zza.oo rtnl;
3-.) 544"o5'oo,o zsl.zo roar;4.) 564"17'oo,o slc.gs rEEi;
5_.) s49.o7,22"n lss.<e roer;
''AEf';LF,X";i;f i:iTft fttLt:tl,?il.lf*E^ffWHf ,_f"![::f ,f ,Xfr'#!#tEFf,*,OFFIC,EAS RECEP7Jy,"*;,;;;;,;i$p,lfl^ifi,.J ji;".,1,,:;^*,{;;y;,2;;,i,y}i{pfi1;ff !fu "TEEN'E DEPARrirvg^Y?-vynsibiii iii sa:-"sz;io"iiionZ'-s,tro souraoru,y uNE jas'.s4#3S - rItE PoINr oF aeornNni{,itri'pa;c;; oi i'e'tridix'iirrvrirrc io.6t2 AcREs, r$oRE oR
T9GETHER t'wrltA slgl-orla ND 20 FEET r\wr_DTH Fr)R?HE u,sD oFlccEss, RgPiqJRAND
W{irWiS:"?r[*:uP!\ A]',- waroiT,Nlas- c-oriii[udrsi l,inr,* ,rn, srruArE w rHEwvrsi,":#[!trfffiii,Hd}fffi:i#w#{i#f,iffi f i,*,,*
"*r*T nwillmL#iiri7,ffr#r* t rt EHHIH* *' * oALONGSAID CENTET
1) N28"o6'14"E 26.62 Feir,---- ' vuuvl'rrYL' D'"vElY 14 couRsEsj
2_) N 78"o4,D6.e nz l r rdr;
3) N-48'3O'15,n ss.se rzw;'
4) N-2_7"19'37'A rcS.ra rdry
5). r!-6_ 6 \? 2' 3 2 " E 6 6. s 6 FE ET ;6), y.g 1:o !, 2 s " e ss. e s treat:;
7) N-15"o4,12'E 82.93 FEET To THE poINT oFaounoeiior'-Fa;cis''a-aai*5;;;:;':;;trWlYlW#fA[X:l;3AvrTY.X';:rtlir,#_?l::J[f:::,!,f,X,;Xi,mp;W"iio7i"]#ifr
yu*oe_s:,vEiiiirthrne
swJEcrro^sr*rp oFI.AN'znF'nrri,rr,-ha---- I
r*x#tr:xrx'l#;yi;lxw;WW*!#,giieiiriWffiwx;r
g1MMENCING AT THE.SOUT',IT QUARTERCORJyEI?-of sTtD_sg-q?Io^ 34 4 N ALUMTNUM*P
^'no. i ; .10871 IN PLAGE; THENcE niili:iuiiiliib rne_sohaiiiii,iie or sruosEcroiv s41143'6e FEE. ro A *'!r-o-!rro cffiiliauiegLanixisiirvL-ddq vEL R,AD rHD rRw por,rOF BDGINN IN G ; THE N CE DEPANrilV6iiii'il6,.rr8,C rY UN A ET,Oih- SruO CNN T,,RLI N B,Noozo'4o'E 66'8s FE'I.roiiiiioiif oi#ru,,vuJir iiiiiucT"iirsourg euARtERcoRryERoF sArD sucrroN a4 sn{ns isiti,:isyii iTou.rz FEET. i
Remote reads every 100 gallons.
The first two zeros don't move,
They are considered dead.
lHr:8sAbr dG (s
oPe' THoO:;AN:D 61'u-oNS
This meter head has one
So it reads 10,20,30 etc.
Sweep of the hand is ten
dead zero
Each
gallons.
' The head reads every ten gallons
\- White the dial reads it to the flow
Of zero to ten gallons.
, wHexJ F.SADrrle 1o./& h4eT€R- - lGUoS.a- TH€-
5 hJe.F F HsrvD Av U
As sHor^/,U -l
)usT f<aAD TF\e oDo t4g-r€P.-l
0003s79
This reading is tlrirty five thousand seven hundred ninety gallons.
)
Description
Operation. The C700 is an oscillating piston style, positive dis_ptacemenl water meter. The product "rtil"", , fji.t"f tnat wareruse rotates in a measuring chamber, eacn plsiJn r'Jvotutionbeing equivalent to a known volume of water. ine-pislon move_ment is transferred by a magnetic Orive to a straig-hlreaOingseeted regis,.er vyhich coniains ri,e appropriat-e ;;;;i,". gearing.
Compliance to Standards. The C700 lully complies wlthAmerican Water Works Associarion St"";;r;;iob:]atest revi_
::Tf "!q is C;hfomia Deparrment of Weights
"nO-rr4"urur".approved. C700 low_lead bronze modets""; Na;;; cerufiedand comply with California proposrtion 65.
lnstallation. The meter must be installed in a clean pipeline,free from any foreign materials. lnstall the meter with direction
1^r]:* ". indicated by the arrow cast in the meter case. Themeter may be installed in horizontat, ,"rt""f or. il"fil.o fin"..
Ap^plicetion. The meter is for use only with POTABLE COLDyar5.R up to i2o"F (50.c) and *oixiig ;;u.Jri"r-o,o ,uo
?si; Th:.lngter wiil register berween gesZ" anJ i6i!%
"t nor-mal and high flows and between glo/o and 1}1yo althe AWWAspecified low flow Accuracy tests are maOe uetie shipment, sono adjustments need to be made U"for" inrirll"tiol.-'
Construction. The meter consists of a straight through_flowmain case, dual inlet measunng chamber, vertically grooved
iitli'HEltg?lr,s"tilil,illilt*x.":,:*3.mlij:rcally driven register. The main case is cast in watenrorks orlow-tead bronze with raiseo cnaiacte;; ili,iliff,Xoo",, .,r"and direction of flow. A choice of polyme( cast iron, waterworksor low-tead bronze botrom ptate is .r.irrni".-inl"iJpL." .n"p_fit measuring chamber is oi a top-ano b",tt, i'"fJt_rije outputdesisn and features a unique .ji_nu.n,.i-."jiiJLiil"rr.
Specification Sheet C700 Positive Displacement Meter
Waleruorks or Low-Lead Bronze, Magnetic
Drive, External Threaded Spuds
Sze; 3/4" x 3/4,',3/4,,x 3/4"5 & 3/4,'x 1',
@sLUS Gallons 10
Sizes:
%'/.101% Aco-!-acy GH\4
gVk - 1010/" Ao.r-ey Gpt\4
98.5%t01.5% AmracyGHM
Continuous Flow GpM
Maximum Ftow GpM
Operating Pressure psi
Operating Temperalure .F
Sweeo Hand Reoisters:
US Gallons
LUDIC I.ECt
Cubic Meters (Canada)
Cubic Meters (1nfl.)
Cubrc Feet
Cubic Meters (Canada)
Cubic Meters (lnfl.)
Register Tyoe:
Materials:
Main Case
Bottom Plate Options
Bottom Gasket-Liner
Body Bolts
Measuring Chamber
Division Plate
Piston
Thrust Bearing lnsert
Driving Bar
Strainer
Register Can
Register Lens
Register Housing and Lid
314" x 314" 3/4" x 3/4"S 3/4', x 1',1A 1t4 1k121Dfi2-n 2t0 2_n15 15 1530 30 30150 150 150120 120 120
Specifications
10
1
1t10
1/100
10
1
1110
1/100
10
'1
1t10
1 t10
10
1
1/1 0
1/100
10
1
1/10
1/1 0
1
1110
1110
Permaneniy sealed dired reading
Standard waterworks or optional low-
lead Bronze
Waterworks or low-lead Bronze, Cast
lron or Polymer
Nitrile
Stainless Steel
Compounded Polymer
Loaded Nylon
High lmpact Polymer
Loaded Nylon
Loaded Nylon
Polypropylene
90% Copper Atloy
Tempered Glass
Polymer or Bronze
Reoresented ByDODSON ENG|I\JEEBEO PNbOUCTS, INC.
^. ooss Marand Rd. p.o. Jo-riq?
,,',
GLENWooD SPRINGS,-CbGi u*0.(s70) s4s_2233
Pnnled on recycled paper Ah{CO
water@wdwcd.org
wdwcd.org
September 26,2007
WEST DIVIDE WATER CONSERVANCY DISTRICT
lO9WESTFOURTH STREET P. O. BOX 1478
R|FLE, COLORADO 81650_1478
l\ctc\d.oe.k<-
Tel: 970-62$.5461
Fax:9704252796
Edward J. and Maria G. Wilks
P. O. Box 583
Rifle, CO 81650
Dear Mr- and Mrs. Wilks:
Enclosed is your approved contract #S070920EMW(a). Please read the contact carefully if you have notalready done so, but please especially note paragraph 2concendng avaitabitrty of water.
West Divide obtains its augrnentation water from a number of sources and operales its warer supply progamryfl'nt to a Temporary substitute supply Plan (TSSP) approved annualty by the Stare Engineer,s office.TSSPs are common for water conseruancy districis *d W"rt Divide has operated pursuaot to a TSSp forseveral years with no significant reliability itso"s. Federal poticy relating to endangered species, environmentalconcems, aad forces of nature are always zuch that no source oiwater &" U" g,,r.*t""4-du.i"g any season orfrom year to year. West Divide continues to make good-faith efforts to obtain alrcrnative long-term supplies inan effort to make retiable and predictabte fte watlr supplv anticipated by you. conhact with us. For mostyears, we expect to be successful in these efforts
This water allotment contract may require you to obtain a well permit from the State Engineer,s office. Onceyour well is drilled you are required to i$tall a measuring deviie and zubmit a meter reading to West Divide,upon request.
Non-compliance with measuring and reporting requirements are grounds for cancellation of your waterallotment contract with West Divide. This coutdiesuli in action uy a.-stut"-e*gio."r which could prevent yourfurther use of your well.
Sincerely yours,
\Lcs*"r..r&
t-lalrrdt Maddock
Enclosure
oc Division No. 5 Water Resourc,es Wenclosure
Kerry D. Sundeerq Hydrologist denclosure
samuel B' Potter, President Kelly Gouey, vice president RobertJ. Zanella, SecretaryBruce W. Wampler, Treasurer Dan Harrison, Director
APPLICATION TO LEASE WATER FROM
WEST DIVIDE WATER CONSERVANCY DISTRICT
109 West Fourth Slreet, P. O. Box 1478, Rifle, Colorado g1650
Contract #SO70920EMW(a )
Map # 563
Date Activated9l2lOT
Telephorre : (97 0) 625 -546 |
I. APPLICANT INFORMATION
TION OF'STR
Counly
3q 6.*t,rrtl ctLwgr
Quarter
(!+L
Township Range P. M,
2. COURT CASE #'s: Decree Case No.
Augmenlation Plan Case No.
.frHo*r garden/lawn irrigation of EbC -
'+ tTeu- lo *
. fethod of irrigation: lnooO,E(-p.i,rttffiffi Dother
.,&Non-commercial aaimal wateringof 3 animals(nir" Protection
watering of J3 animals
! Evaporation: Maximum wakr surface to be exposed:
Description of any use, other than evaporation, anA mett oO of-
diversion, rate of diversion and afflual amount of diversiou of an1,
water withdrawn from ttre pond: _
l{ell shoring Agrecruew {or nwrtipre owaer ueus tx,rsr he sir,bn ifled.
greater than two owner\ opplication must be made under a
h o tne ov nen asso ciatio n
tl COMMERCIAL (check applicable boxes)
Numbcr of units: Total sq. ft. of commercial units:
Description of use:
trINDUSTRIAL
Description of use:
3.ISE OFWATER
t(neSrorxflAL (check appticabte boxes) 4^
.P(Orainary household use Number of dwellirps: ?
SsutO;vision: No. constructcd unirc: I N"o ,^*Llrrlt J
Dcscription of any usg other than evaporation, ana met oo orousior,,-
rale of diversion, and annual amount of diversion of any waler withdrawn
Distancc of well from section lincs:
-4a:t 0.--9 -_{rc-LeA3Y8-</ {'q'-1 Ni
Elcvation: 5Ltf,O
W"tl tocutio
(l -ltrt € eJ\ *lt4*t)
(Atach additional pages for multiple structures)
6. LAND ON \ilHICH WATER WILL BE USED
(l,egal description may be providcd as an attachnrcnt.)5r e Qrra r_H mrrv f
Nunberofacres inuu"r, i0, k 17. 4L/26
lnclusion inlo the Dislricl, ol Applicant's expense, may bc required.
.7. I]YPE OF SEWAGE SYSTEM
-2(septic tank/absorption leach field Ecentral system nOther
District name:
8. VOLTJME OF LEASED WATER NEEDED IN ACRE FEET:
(minimum of t acre foot except augmenr-rion
from Alsbury Reservoir where a lesser amount is allowed)
Provide enginecing data to supporl volumc of water requated-
Commercial, municipal, and industrial uEers mast provide divenion
and consumptive dda on a monlhly basis.
A lololizing fion, mder with remote rmdoul is required to be instolled
and asage reportedto }lesl Dividc.
Applicant e4rasly acknowledges it hos had the oppotutnig to reuiew
the Di*iel'e form llater Allotment Contract ond agrees this opplicdion
is made punuad and subjeci to the terms and conditions conlained
lherein
U
ftom the pond:
trMUNICIPAL
Description of use:
trDIRECT PI]MPING
Tributary:
Location:
Application D*e:
ISSUED AS AREA B CONTRACT
YES _NO
Telephone:
:ound water
The printed portions of ttrG
Diskicl Form # WDWCD 050901 App
4. SOURCEOFWATER
Structure: Lt.lEl-LSource: DSurface
Current Permit #(attach copy)
,---Y.:'i,;;+'--
+-.1 .
..) .Lr,---i-:-.--..E::
---Zto'i'"
\r4t :t(!1a).
-:rf..;,': {/;
I
I
irl
-i' . llultr. i
--! :.. i- -i
f:
zi ., lL'l--
"'1
tt ui
.-.i,'-..., i,.i .i.el-:
I
t..--t -'
i,.
.'-'1,. ,,1,.
-(' '' :i'a
I
--\t- / tt-Z:.;i i
j
i. :-.'.
'"**t'-S $-
z-.'!
WEST DIVIDE WATER CONSERVANCY DISTRICT
WATER USE ESTIMATES
APPLICANT: Edward J. and Marla G. Wilks
DWELLING UNITS:
IRRIGATED AREA (SQ FT):
NO, OF LIVESTOCK:
ELEVATTON (MSL):
Contrac't Amount W 5% translt LoBs =0.71 acre feet
3
9000
9
5600
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
ocT
NOV
DEC
TOTAL
(1)
(2)
(3)
(4)
(5)
(6)
300 gallons per day per rBsldencs
15% @nsumptlve use for ISDS eystems
80% lnlgatlon efficlenry for sprlnkler systeme
Blaney Crlddle ass€ssment wlth Pochop adJuotmento
Column (1) ' number of dwelllng unlts
Column (2)'nurnber of dwolllng unlts
(7) Column (3) r lrtgatod area ln acrsa(8) Column (4)'lrdgabd arsa ln aoreo(9) lJvedodr u8€ at 11 gallonr per head per day (99C$/3r20)(10) Column (5) + Column (7) + Cotumn (g) ptus O% tranelt toss(11) Cotumn (0) + Column (8) + Column (9)(12) Column (11) plus 5% fanstt toss
Colorado Rlver Walgr Uue EstmategJds u14t2007
111
ln Hou60
Dlverelon
per Unit
(AF)
ln House
C.U. per
Unit (AF)
lrrigatlon
Diversion
(ft)
lrrigation
c.u. (ft)
ln House
Diversion
(AF)
ln Houss
c.u. (AF)
lnigation
DlvErsion
(AF)
Ltveetock
lnlgation Dlverslon &
c.u. (An c.u. (AF)
Total
Dlverslon
(AF)
TotalC.U,
(AF)
Total
Contrac-t
Amount
lAF}I 0.029 0.004I o.oee o.oo4I o.ozs o.oo40,028 0.004 0.086 0.0690.029 0.004 0.384 0.3070,02E 0,004 0,550 0.M00.029 0.004 0.58E 0.4700,029 0.004 0.466 0.3730,028 0.004 0,330 0.2640,029 0.004 0.096 0.0770,028 0.0040.02s 0.0940.336 q,050 2.500 2.000
I 0.0e 0.01 0.00 0-00 ooi-| 0,08 0.01 0.00 0.00 0.01| 0.09 0.01 0.00 0,00 o.ol
| 0.08 0.01 0,02 0.01 0.01I 0.09 0.01 0.0E 0.06 0.01I o.oa 0.01 0.11 0.09 0.010.09 0.01 0j2 0.10 0.010.09 0.01 0.10 0.0E 0.010.06 0.01 0.07 0.05 0.010.09 0.01 0.02 0.02 0.010.0E 0.01 0.00 0,00 o.o1 l9.09 g.Et ggg ggg 90L l1.01 0,15 0.52 0.41 0.11 I
0.100 0.022 0.0230.090 0.020 0.0210.100 0.022 0.0230.115 0.036 0.0380.163 0.0E6 0.0900.214 0.112 0.11E0.227 0.119 01250.2u 0.09s 0.1040.10E 0.070 0.0600.121 0.03E 0.0400.097 0.0?2, 0,0230.100 0.0?2 0..a231.717 0.675 0.709
(8) (0 (10)
PROPERTY DESCNPTION
PARCEL B
A PARCEL OFLAIVD S',U/ TD ]N T,,E SW] /4_SE1/ 4. SEC?^/ON 34, TOWNS.],P 5 SOUT']],RAiy* s2 wsr oF .rne arn"iitiz,ili ,ur*,ir, .oiiiiiio GARFtELD,sr,qrL.oF coLoRADo, BEtNc *"* iniiJril^r, ,ur.o .BED AS FoLLows:
BEGINNING AT TH]c,qprcio.t;,;;?;Fi[:,?yffi#8ff :iru![,^i::,,:Fl:x;:#A#'iii!3,:sND swt/ 4s't r < 1 2ry.yait;i *A;.;r_ryT rc iiolni,6n. rru ,ur*rLtNE oFTHE SILTPUMP CE''AI, (WEIIZ;; C;^-^AND CAP SASZZ WiriESS CORNDR?:tr s ;W fr:;r i! ;;,r*ai :,: 1,; : N : i'! i, {'i ! ; * R L y L, N E A T o N Gt.).sss.so,oo,E rz4.7o FEET ...v e!/' rw.
2. ), s 5o,s4, OO" B z za.oo rali
3. ). s44 "05, oo" E 23 1.2O FEETy. 264. 1 7'oo. E 5 1 4. s5 FEET;5.) s48'o7,22'E 155,43 FEDT
iii:;;*Zi:;,urfr'o';:::pui to a PotNr oN rH.E
-,,,srERLy L.NE oF rHE cRe,,!.;:i;;;;;;s;{:3:#yru,.rl:x;:i,;"1!:,!l\itri,:,ifu rn;sND ,ENTERL/NEsos'rs'or,:iiir:{ii,'o wsrinri ,',ii i[.i, FEE..ro A por,rroN rrlE sourHERLy t,r, o, ,,r'i,i.ii"l#r !4; THEN,E oeptnnxc saroWf# :iLtTf, i f;:' ?, 1 o : i a i "ii Z"i ili., o *,,, o r v u n e i s s a s 4 F EEr ro r u E,Ess. ___...,.,,,G, sAtD pARcEL oF LAND conlititiii,i;.;;i.,4cREs, M*RE oR
T@ETHER WITH A SWtWffi [?:{;ii",::,1:#_i,y#',iif^?Etr'!,#i,t#Z,if ,;,,v:;;W:":;r:#t:iiy;,;;:."*!t#:iJii;"'t^-vzi-';'
DE'.R/BED cBnrc-ru.me, FEETTo EACH srDE oF TI'E FoLLowtNG
COIVTMENCING ATTHE SOUTH QUARTERC'III!! OF SND SDCTION 34 ANALUMIMTM cAp Ls *?:!glii fi;;;;Aiily.g ttzt.ts,cirCio6.oa FEE,ro rHEg#,?iB?*ff4,u"tr,',';iirliifi\*GsA/DcanrciniruEFoLLowrNG
t l.N 2_8 -06,
1 4" E 26. 62 FEE|;
4, N 7 8. o 4' 2 6. e t a z, t z-pii1s).N48.3O' 1 5"E s3.ss FE4.
41. N2_7. 1 9' 37" e I ss, za rei45) N_66.32'32'E 66.56 FEF{I,'
fttsti,*WW*n,
i,*,r,:;#!.#t,fl#;{ifi
i#!#ifi,""f#Bi,Ti5,if s#"#,,,
W*:,#ffif,';r*LytNG,,,,:"?H:::,i!,?J.yg;"!iif Ji^["r"
Contract #S07O920EMW(a)
Map # 563
Date Activated 9lZ7/O7
WEST DIVIDE WATER CONSERVANCY DISTRICT
WATER ALLOTMENT CONTRACT
Name of Applicant:
Quantity of Water ir Acre Feet:
Applicant, hereby applies to the West Divide Water Conservancy Dishict, a political subdivision of the State of Colorado'
organized pursuant to and existing by virtue of C.R.S. 1973, 537-45-101, et seq., (hereinafter referred to as the "District") for an allotnent
contract to beneficially and perpetually use waler or waler rights owned, teased, or hereafler acquired by the Dislrict. By execution of this Conlract
and the attaohed Application, Applicant hereby agrees to the following terms and conditions:
1 . Water fuehts: Applicant shall own water rights at ttre point of diversion herein lawfully entitting Applicant to divert
water, which will be supplemented and augmented by water leased herein. If Applicant intends to divert through a.well, it must be understood by
Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources'
Z. Ouantitv: Water applied for by the Appticant in the amount set forth above shatl be diverted at Applicant's point of
diversion from the Districfs direct flow water rights, and when water is unavailable for diversion pursuant to administration by tre colorado State
Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in
acre feet per year of storage water owned or contolled by the Distiot. It is understood that any quantity allotted from direct flow, storage or
otherwise, to the Applicant by the District will be limited by the priority of the Disrict's decrees and by the physical and tegal availability of water
from Districfs sources. Any quantity atlotted wiU only be provided so long as water is available and the Applicanl fully complies with all ofthe
terms a1d conditions of this Contract. The District and the Applicant recognize that some of the Distict's decrocs may be in the name of the
Colorado River Water Conservation Distuic! and the ability of the Distict to allot direct flow right to the Applioant may be dependent on the
consent of the Colorado River Water Conservation District. If at any time the Applicant delermines it requires less water than the amourt herein
provided, Appticant may so notify the District in writing, and the amount of water allotted under this Contract shalt be reduced permanently in
accordance with such notioe. Rates shall be adjusted accordingly in following water years only.
3. Benefioial Use and Location ofBeneficial Use: Any and all water allotted Applicant by the District shall be used for
the following beneficial use or uses: industrial, municipal, domestic and related uscs, or commercial (except for commercial use from Alsbury
Reservoir and except to the extent that Ruedi Reservoir waler may not be available for conrmercial as thal term is defined on Page 5 of Contract
No.2-02-70-WO547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use ofany and all water
allotted shatl be within or through facilities or upon land owned, leased, operated, or under Applicant's oontrol,
4, Decrees and Delivery: Exchange releases made by fte District out of storage from Ruedi Reservoir, Green Mountain
Reservoir, Alsbury Reservoir, or other works or facilities of the District, or from other sources available to ttre Distict, shall be delivered to the
Applicant atthe outletworks ofsaid storagefacilities or atthe decreedpointofdiversion forsaidothersources, and releaseor delivery ofwaterat
such outlet or points shall constitute perfo,,.,ance of lhe District's total obligation. Delivery of water by tire District from Ruedi Reservoir or Green
Mountain Reservoir shall be subject to the Distrjcfs lease conlracts with t}e Uniled Stales Bureau of Reclamation. Reteases from other facilities
available to District shall be subject to the contracts, laws, rules, and regulations goveming releases therefrom. Furthennore, lhe District hereby
expressly r€serves the right to store water and to make exchange releases from slructures that may be built or controlled by the District in the
future, so long as the water service to the Appticant pursuant to tlis agreement, is not impaired by said action. Any guantity of the Applioanfs
allocation not delivered 1.o or used by Applicant by the end of each water year (october I ), shall revert to the water supplies of the District. Suoh
reversion shall not entitle Applicaxt to any refund of payment made for such water.
Water service provided by the District shall be linrited to the arnount 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 Districfs decrees, may call on any greater
amounl al new or alkrnale points of diversion. The Dislrict shall request the Colorado Division of Water Resourc,es to estimate any conveyance
losses between the original point and any alternate poin! and such estimate shall be deducted from this amount in each case.
Water service provided by the Distict for properties located within the tsluestone and Silt Water Conservanoy Districts is
provided pursuant to Agreements with said Districts. The Intergovemmental Agreement between the District and the Silt Warer Conservancy
Dislrict, daled January 25,2001, is recorded as Reception No. 575691, Garfield County Clerk and Recorder's olfice. The lntergovernmental
Memorandum of Understanding between the Dishict and the Bluestone Water Conservancy District, dated April 26, 2OOl , is recorded as
Reception No. 584840, Garfield county crerk and Recorder's oftroe.
5' Decrees for altemate points of diversion of the District's
water rights or storage water may be requireC in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the
exclusive responsibility of Applicant. The District reseryes the riglrt to review and approve any conditions which may be attached to judicial
approval of said alternate point of diversion as contemplated or nocessary to serve Applioanfs fapilities or lands. Applicant aclurowledges and
agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any ohanges in water rights contemplated
herein, and further agrees to indemnify the Dishict fiom any costs or losses related thereto. Applicant is solely responsible for providing works
and facilities necessary to obtain/divert fte waters at said alternate point of diversion and deliver them to Applicanfs intended beneficial use.
Irrespective of the amount of water achully tansfened to the Applicanfs point of diversion, the Applicant shall make annual payments to the
Dishict based upon the amount of water allotted under this contraot.
In the event the Applicaut iBtends to apply for an alternate point of diversion and to develop an augmentation plan and institute
legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the
Applicant shall give the District written notice of such intent. ln the event the Applicant develops and adjudicates its own augmentation ptan to
utilize the water allotted hereunder, Applicant shall not be obligated to pay any amout under paragraph 19 below. In any event, the Disfrict shau
have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the Distict copies of such plan and of
all pleadings and other papers filed with the water court in the adjudication thereof.
6' Contract Pavment Non-refundable, one time administrative charge, in the amount determined by the Board of
Dire'ctors of the District from time to time, shall be submitGd with the application for consideration by the Distict.
Annrral paymenl for tlte water service describcd herein shall be delernrined by the Board of Directors of the Districl. The initial
annual pa)'rnent shall be made in full, within thirty (30) days afler the date of notice to the Applicant that the initial payment is due. Said notice
will advise the Applicant, among other tllings, of the water delivery year to which the initial paymerrl shall apply and the price which is applicable
lo lhal year.
Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January I . Ifan annuat
payment is not made by the due date a flat $50 late fee will be assessed. Final written notice prior to cancellation will be sent certified mail, retunr
reoeipt requested' t'o the Applicant at such address as may be designated by the Applicant in writing or set fortl i' t;is contract or Application.
water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the
District from adjusting the annuar rate in its sore discretion for future years onry.
If payment is not made within fifteen (15) days after tlre date of said written notice, Applicant shall at Distict,s sole option have
no further right' title or interest underthis contract without further notice, and delivery may be imrnediately curtailed. The allotment of water, as
herein made' may be hansferred, Ieased, or otherwise disposed of at the discretion of the Board of Directors of tle District.
Upon cancellation of this water allotment Conkact with the Dishict, the District shall notify the Division of water Resources
offices in Denver and Glenwood Springs. The Division of water Resources may then order cessation of all water use.
7 ' Additional Fees and costs: Applicant agrees to defray any expenses incurred by the District in connection with the
allotment of water rights hereundeq including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any
water rights and adjudication necessary to allow Applicarit's use of such aliotted water rights.
8' Assienment: This contact shall not inure to the benefit ofthe heks, successors or assigns of Applican( without the
prior written consent of the Dishict's Board of Directors. Any assignment of Applicant,s rights under this confiact shall be subject to, and must
comply with' such requirements as ttre Diskict may hereafter adopt regarding assignment of conhact rights and the assumption of contract
obligations by assignees and sucoessors. Nothing herein shall prevent successors to a portion of Applicanl,s property from apptying to &e Distict
for individual and separate aJlotment contracts. No assignment shall be recognized by the District except upon completion and filing ofproper
forms for assignment and change of ownership.
In the event the water allotted pursuant to this contract is to be used for the benefit of land which is now or will subsequently
be subdivided or held in separate ownership, the Applicant may only assign the Appricanfs righs hereunder to: 1) No more than three separate
owners all of whom shall be parry to a well sharing agrcement satisfactory to the Districq or 2) A homeowners association, water dishict, water
and sanitation dishict or other special district properly organized and existing under the laws of the State of colorado, and then, only if such
parties' association or special dishist establishes to the satisfaction of the District that it has the ability and authority to perform the Applicanfs
obligations under this contract' ln no event shall the owner of a portion, but less than all, of the Applioanfs properly to be served under this
contract have any rights hereunder, excepl as such rights may exist pursuant to a well sharing agreement or rhrough a homeowners associalion or
special district as provided above.
Upon the sale of the real property to which this conftact pertains, Applicant shall make buyer aware ofthis contact and proper
forms for assignment and change of ownership must be completed.
9 ' other Rules: Applicant shall be bound by the pr<lvisions ofthe water conservarcy Acl of colorado; by the rules and
regulations of the Board of Directors of the District; a:rd all amendments thereof and supplements thereto and by all other applicable law.I0.Applicantshallenterintoan,,operationandMaintenanceAgreement',with
the District under terms and conditions determined by the board of Directors of the District, if and when, &e Board of said District detprmines in
its sole discretion that such an agreelnent is required. said agreeme nr may aonlaiD, but shall not be limited to, provisions for additional annual
monetary consideration for extension of District delivery services and for additional a.dministation, operation, and maintenanc€ costsr or for otler
costs to the District which may arise through services made avairabre to the Appricant.
II' changeofuse: TheDistrictreservestlteexclusive righttoreview,re-approveordisapproveanyproposedchangein
use of the water aJlotted hereunder' Any use ollrer than that set forth herein or any lease or sate of the water or water rights allotted hereunder
without the prior written approval of the District shall be deemed to be a material breach of this contract.
12' Use and Place of Use: Applicant agrees to use the waler in the manner and on the properly described in the documents
submitted to the District at the time this contract is executed, or in any operation and maintenance agreement provided by Applicant. Any useolher &an as set forth thereon or any lease or sale of the water or water rights herein, other lhan as permitled in paragraph g above, shall bedeemed to be a material breach of this agre€ment.
l 3' Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or 1:galfee title interest in or to any water or \ryater rights referred to herein.
14' Conservalion: Applicani shall use oommonly accepred conservalion practices with respect to the waler and waterrights herein' and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use ofDishict owned or controlledwater or water rights.
t5' Restrictions: Applicant shall restict actual diversions to not exceed the contract amount for ordinary householdpurposes' the watering of domestic livestock, fire protection, and the inigation of lawn and garden as specified in the Apptication.
Applicant shall also comply with all reshistions and limitations set forttr in dre well permitobtained fiom the colorado Divisionof Water Resources.
watering of livestock shall be resbicted to Appticant's domestic animals not to be used for commercial purposes unlessApplicant obtains approval from the colorado Division of water Resources for comnrercial use/livestock watering, provided that in no event shallachral divenions exoeed the amount of water provided by this Conhact.
violation of this paragraph 15 shall be deemed to be a materialbreach of this contract.
16' well Permit If Applicant intends to divert through a well, then Applicant must provide to Distict a copy ofApplicant's valid well permit before District is obligated to deliver any water hereunder.
17 ' Measurins Device or Meter: Applicant agrees to provide, ar. its own expense, a measuring device deemed acceptableby the Districfs Engineer after consultation, or a totalizing flow meter with remote readout to continuously and accurately measure at all times all
water diverled pursuant to the terms of Applicanl's water righl and the lrrms of Lhis Contract. Applicart agrees 10 provide accurate readings front
such device or meter to DisLrict upon District's request. Applicant acknowledges that failure to comply with this paragraph could result in legal
action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. By signing this Conract, Applicanl
hereby specifically allows District, through its authorized agent, to enter upon Applicant's property during ordinary business hours for the
purposes of determining Applicanfs actual use of water.
18. Reoresentatiotts: ByexecutingthisContract,Applicant agreesthatitisnotrelyingonanylegalorengineeringadvice
thar Applioant may believe has been received from the District. Applicant furtfier acknowledges thal it has obtained all necessary legal and
engirreering advice from Applicanfs own souroes other than the Dishicl Applicant further acknowledges that the District makes no guarantees,
warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this Contract. Should the District be unable to
provide the water conhacted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund from the District.
19. Costs of Water Court Filins and Auementation PIan: Should the Dishict, in its own discretion, choose to include
Applicanfs Contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to
the Districg when assessed, an additional fee representing the Districfs actual and reasonable costs and fees for Applicanfs share of the
proceedings' Applicant shall be assessed a pro-rata share of the total cost incurred by the District in preparing, filing and pursuing to decree the
water court case. The pro-rala share shall be calculated by dividing such total cost by the number of contractees included in the filing. To the
extent that the District is caused additional costs because of objection filed specifrcally due to the inclusion of Applicant's Conhact in the filing,
such additional costs may be charged speoifically to Applicant and not shared on a pro-rata basis by all contactees.
20. Bindinq Asreement: This agreement shall not be complete nor binding upon the Districl unless attached hereto is lhe
form entitled "Application to Lease Water From West Divide Water Conservancy District" fully completed by Applicant and approved by the
Districfs engineer. Said attachments shall by this reference thereto be incorporated into the terms ofthis agreement All correspondence fromthe
District to Applicant referring to or relating to this agreement is by this reference incorporated into this agreement as further terms and conditions
of this agreement.
21. WATNiNg: IT IS TTIE SOLE RESPONSIBILITY OFT}IE APPLICANTTO OBTAIN A VALID WELL PERMTOR
OTHER WATER RIGHT IN ORDER TO DIVERT WATE& INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT IS TT{E
CONTINLIING DLTTY OF THEAPPLICANTTO N4AINTAIN THE VALIDITYOF THE WELLPERMITORWATERRIGHTINCLUDING
FILING FOREXTENSIONS OFPERMITS, FILING WELLCOMPLETIONREPORTS,FILING STATEMENTS OFBENEFICIALUSE, OR
OTHERWSE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE.
22, AREA B. CONTRACTS: IF APPLICANTS WELL OR OTT{ER WATER RIGHT THAT IS THE SUBJECT OF
THIS CONTRACT IS LOCATED OUTSIDE 'AREA A' AS DESIGNATED BY TTIE DISTRICT, THEN THIS PARAGRAPH APPLIES: T}IE
AUGMENTATION WATER PROVIDED BY THE DISTRICT UNDER THIS CONTRACT MAY ONLY PROTECT APPLICANT'S WATER
RIGHT FROM A CALL ON THE COLORADO RTVER AND IVIAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER
SENIOR RIGIJT. NO REPRESENTATION OTHERWISE IS MADE BY ]'HE DISTRIC]-. IIT THIS IS A CONCERN TO APPI-ICANT, THIS
CONTRACT MAY BE RESCINDED UPON WRITTEN NOTICE DELIVERED TO THE DISTRICI-BY TI.IE APPLICANT WITHIN THE
NEXT 30 DAYS FOLLOWING THE AFFIXING OF SIGNATURES ON THIS CONTRACT tN WHICH EVENT ALL SUMS PAID BY
APPLICANT FOR THIS ALL BE IMMEDIATELY REFUNDED TO A
Applicant Applicant
sTATEor. [C I
COLINTY OF
) ss.
)
acknowledged before me on this JHlo* of
. Witness my hand and
Notary Public ffi
---S."r*rci i';,'lHy; :
-&ffi--x-s
colrNrYor{yuCi-ild ]"
srArEo, CA, ,
before me on this flpauy or
. Witrress my hand and official
Notary Public
ORDER
After a hearing by the Board of Directors of the west Divide water conservancy District on the Application, it is hereby oRDERED that said
Application be granted and this contract shall be and is accepted by the Distriot.
WESTDIVIDEWATER DISTRICT,, 'fl%fu
President
This contract includes and is subject to tle terms and conditions of the following documents which rnust accompafly this contract:
1. Map showing location of point of diversion (use map provided)
2. Application and Data Form fully completed and signed
Theprintedportionsoftbisform,exceptdilfercntirtcdadditionsordelctions,hrvebeenapprrcr,edaodadopted bythcwestDividewatercoosen,atrcyDistricL
Form #WDWCD 05090I CONTRACT.
foregoing
inshument
,l*1,*
/ror No.
GWS-25
OFFICE OF THE TATE ENGINEER
P,,?hP,nfr PPFJY:*1P#*I,H#IF##EHLTp n'SCCpy,,.,"(303) 86C3581
VYELL PERMTT NUMBER 234731
D!V. 5 \A/D 39 DES. BASIN MDAPPLICANT
EDWARD JACOB & MARIA GLORIA WLKS
PO BOX 583
RIFLE, CO 81650-
(970) 625-1316
PERMIT TO CONSTRUCT A WELL
APPROVED WELL LOCATION
GARFIELD COUNTY
SW 114 SE 114 Section 34
Township 5 S Range 92 W Si).th P.M.
DISTANCES FROM SECT]ON LINES
3O2 Ft. from South Section Line
429 Ft. from East
UTM COORDINATES
Northing:
Section Line
Easting:
ISSUANCE OF THIS PERMIT DOES NOT CONFER AWATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit
does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested
water right ftom seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 42-2, unless approval
of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump lnstallation
Contradors in accordance with Rule 18.
3) Approved pursuant to CRS 37-92€02(3XbXllXA) as the only well on a tract of land of 39.00 acres described as that portion
of the SW 1/4, SE 1/4, Sec. 34, Twp. 5 S, Rng. 92 W Sixth P.M., Garfield County, more particularly described on the attached
exhibitA
4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than
three (3) single family dwellings, the irrigation of not more than one (1) acre of home gardens and lawns, and the watering
of domestic animals.
5) The maximum pumping rate of this well shall not exceed 15 GPM.
6) The retum flow from the use of this well must be through an individualwaste water disposal system of the
non-evaporative type where the water is retumed to lhe same stream system in which the well is located.
n This well shall be consbuded not more than 200 feet ftom the location specified on this permit.
N ,
ob'o '
'o l
DATE ISSUED AUG O 1 z[)Of ',=*,'*^,oN DA
POLICY OF TITLE INSURANCE
SCHEDI.JLE A
2.
3.
Amount of lnsurance: $352,000'00
Premium $590.00
Loan No 0153302914
Date of PolicY: JulY 6,2006 at 7:59 AM
l.
Policy No. G32-2116305
Fiie No. 0606005-R
Name of lnsured:
Wells Fargo Bank, N.A'
lts Successors and/or Assigns
As Their Interests MaY APPear
The Estate or interest in the land described in this Schedule and which is encumbered by the insured Mortgage is
Fee Simple and is at the date of Policy vested in:
Edward J. Wilks and Maria Gloria Wilks
The Mortgage, herein refened to as the Insured Mortgage, and the assignments thereof if any' are described as
foliows:
Deed of rrust from Edrvard J. wilks and Maria Gloria wilks to the Pubtic Trustee of Garfield County for
the use of wells Fargo Bank, N.A., showing an original amount of $352,000'00, dated June 26' 2006 and
recorded July 5,2006 in Book 1816 at Page 516'
' r. : r--^-:L--r ^^ ^^r r^*r. i- +Lrr siruated in the County of
The land referred to in this policy is described as set forth in the insured mortgage, ts
Garfield,stateofColorado,andisidentifiedasfollows:
See Attached Exhibit "A"
Countersigned:
NM2PA20
ALTA Loan PolicY(10-l 7'92)
Form I l9l-2 Schedule A
Authorized Officer or Agent
File No.0606005-R
EXHIBIT ''A''
Aparcel of landstuate in theSWl l4s1.lt4,Section34, Township5 South, Range 92 westof the6thPrincipalMeridian,
County of Garfield, State of Colorado, being more particularly described as follows:
Beginning at the south quafter corner of said section 34 an aluminum cap LS No. 10871 in place; thence North 00o07'25"
East along the westerlyline of said SWI/4sEl/4 a distance of 887.48 feet to a point on the centerlineof the Silt Pump
Canal (whence a rebar and cap 36572 witness corner bears South 00o07'25" West 20.00 feet); thence departing said
westerly line along said centerlinethe followingsix (6) courses:
l.) South 33"30'00" East 174.70 feet;
2.) South 50o34'00" East 278.00 feet;
3.) South 44"05'00" East 23i.20 feet;
4.) South 64o17'00" East 514.95 feet;
5.) South 48"07'22" East 155'43 feet;
6.) South 88o19,00" East 281.64 feet to a point on the westerly line of the CR Commercial Properties exemptionplat filed
with the Garfield County Clerk and Recorders office as Reception No. 567452; thence departing said centerline South
03o I 5,09,, East along saii westerly line 60.91 feet to a point on th. southerly line of said Section 34; thence departing said
westerly line South 89"52'40" West along said southerly line 1338.54 feet to the POINT OF BEGINNING'
Together with a strip of land 20 feet in width for the use of access, repair and maintenance of a well and water line as
constructed and in place siruate in the SWI/4SE1/4, Section 34, township 5 South, Range 92 West of the 6th Principal
Meridian, County of Garfiel<i, State of Colorado, said strip of land lying 10 feet 'to each side of the following descnbed
centerline:
Conrmencing at the south quarter corner of said Section 34 an aluminum cap LS No. i0871 in place; thence North
7lo19,46, East g0g.06 feet ro the TRUE POINT OF BEGINNING; thencealong said centerlinethe followingseven (7)
courses:
l.) North 28'06'14" East 26.62 feet;
2.) North 78"04'26 East 182.17 feet;
3.) North 48o30'15" East 53.99 feet;
4.) North 27o19'37" East 139.78 feet;
5.) North 66o32'32" East 66'56 feet;
6.) North 83o04'25" East 59.39 feet;
7.) North 15o04,12,, East g2.33 feet to the point of terminus (whence a point on the easterlyboundary of Parcel A bears
South 57o49,39,, East 10g.32 feet a rebar and cap LS No. taboo in place) to include a 20 foot radius easement from the
center of said well for the purpose of access, repair and maintenance.
Subject to a strip of land 30 fee t in width for the use of access and utility easement situate in the SW I /4sE I /4' section 34'
Township 5 south, Range 92 west of the 6th principal Meridian, county of Garfield, state of colorado, said easement
lying I 5 feet to each side of the followingdescribed centerline:
Commencingat the south quarter corner of said Section 34 an aluminum cap LS No. 10871 in place; thence North
g9o52,40,, East along the southerly line of said Section 34 1143.69 feet to a point on the centerlineof an existing gravel
road the TRUE poINT oF BDGINNING; thence departing said Southerly line along said centerlineNorth 00o50'40" East
66.g3 feet to the point of terminus (whence the south quarter corner oi said Section 34 bears South 86o32'14" west
I146.77 feet)'
Together with a strip of land 30 feet in width for the use of access and maintenance of an irrigation easement situate in the
swr/4sEl/4, Section 34, Township South, Range g2 west of the 6th princip:- -eridian, county of Garfield' State of
Colorado, said easement lying I5 feet to each side of the followingdescribed centerline:
commencingatthecentereastl/l6cornerofsection 34,analuminumcapLSNo.21613 inplace;thencesouth00o0l'30"
East r rs6.z4feet to the centerlineof an irrigation ditch as .onrt u"t.a and in place the TRUE PoINT oF BEGINNING;
thence along the centerline of said inigation ditch the followingthirteen (l 3) courses:
1.) South 26"54'05" West 238'30 feet;
2.) South 12"2|16" West 199'14 feet;
3.) South 21"52'25" West 198 01 feet;
4.) South 61o03'20" West 137'93 feet;
5.) South 0go40,44,, west 1 l g.0g t'eet to an existing headgate at the southerly edge o1'a pond as constructed and in place; to
include a 100 foot radius easement from the centei of said headgate for the purpose of uttt", repair and maintenance of
said pond; thence continuingalong the centerlineof said inigation ditch;
6.) South 22"38'27" West 90'27 feet;
7.) South 37"13'52" West 234'68 feet;
8.) South 69"42'49" West 89.17 feet;
9.) North 83o09'45" West 52.20 feet;
10.) South 22"23'27" East 35.07 feet;
I I.) South6lo52'19" East 92'56 feet;
12.) South 12"06'19" West 102'64 feet;
13.)South 26o42'Sg'west24.0gfeettothenortherlylineofParcelB,thepointofterminus;(whencesaidcentereastl/16
comer of Section 34 bears North 14009,5g" East 2s00.36 feet). Side lines io be lengthenedor shortened as needed to close
with propertY lines.
Also described as
Parcel B
Wilks Subdivision ExemPtion
According to the plat recorded March 22, 2005
As ReceptionNo. 670662
PolicY No. G32-21f 6305
File No' 0606005-R
SCHEDULEB-PARTI
lhis Policy ooes not insure against ioss or damage by riason oi the toiiowing:
I . Righrs or claims of parties in possession not shown by the public records'
2. Eale-ents, or claims of easements, not shown by the public records'
3. Discrepancies, conflicts in boundary rines, shonige in ar"r, encroachments' and any facts, which a corect survey and inspection of the
oo ,;"1;:"; ::},j*[fiH]:,-,:$"il ffi:*,TJ#;*;3H,'""o.',0i.,*o", rurnished, imposed bv raw and nor shown bv the pubric
records.
Exceptions Number l*!-l-3!-3[ are hereby omitted
5. General taxes and assessments for thc year 2006, not yet due or payable'
6. Any and all water righrs, claims, or title ro water, whether or not the matters excepted are shown by the public record'
.l . Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to pcnetrate or intersect the
premises hereby granted and a right olway for ditches or canals as "onrt.*.a by the authority of the United States' as rcserved in United
'states
Patent recorded January 28, 1893 in Book 12 atPage209'
g. Reservation ofan undivided one-half interesr in and to all oil, gas and other minerals on or under the lands as reserved in deed recorded
August I 4, I g50 in Book 252 at Pagc 63 and any and all intoests therein or assignments thereof'
Right of way for County Road No 233'
Reservation of an undivided one-fourth interest in and to all oil, gas and other mineral rights as described in deed recorded February I 3 '
1968 in Book 392 ar Page I 33 and any and all interests therein or assignments thereof
Tenns and conditions ofcarfield county Resolution No. 2005-3g recorded march 24,2005 in Book 1673 at Page 299 and as re-recorded
April 13,2005 in Book 1678 atPage624'
Declaration of Water Well Use and Maintenance recorded March 22, 2005 in Book 1672 at Page 58'
Declaration of road and irrigation easement and maintenance obligations recorded March 22, 2005 in Book 1672 at Page 63'
Declaration of protective Covcnants for Wilks Subdivision Exernption recorded March 22, 2005 in Book 1672 at Page 69'
Easements, rights of way and all other matrers disclosed on the plat of wilks Subdivision Exemption recorded March 22' 2005 as
Reception No. 670662.
Easement and terms and concitions described and set forth in Easement Deed and Agreement bctween Edward J Wilks and Maria G'
Wilks aiid The Silt Water Conservancy District recorded Ocrober 25, 2005 in Book t 739 ar Page I l2'
, Terms and conditions of oil and Gas Lease by and betwcen Edward J. wilks and Maria c. wilks, as Lcssor and Apollo Energy' LLC' as
Lessee, recorded March 2?,2006 in Book l?83 "
p.g" ior "na any and all interests therein or assignments thereof.
9.
r0.
ll.
t2.
r3.
. 14.
15.
16.
t'!.
NOTE: unless Schedule B part II is attached there are not subordinate matters that affect the title to the estate or interest referred to in
Schedule A
American Land Title Association
Loan Policy Schedule B - Part I Form 1006-56
$50.00
ENDORSEMBNT
Anached ta Po!!c)' flo' G32-Zl16305
The Company hereby insures against loss which said insured shall sustain by reason of any of the following matlers:
l. Any inconectncss in the assurance, which the Company hereby gives:
(a) That there arc no covenants, conditions, or restrictions under which the lien of the mortgagc or deed of trust refened to in
ScheduleAcanbecutoff,subordinated,orotherwiseimpaired;
(b) That,exceptasshowninSchedulcB,therearenopresentviolationsofsaidlandofanyenforceablecovenants'conditions'or
restrictions;
(c) Thar, except as shown rn Schedule B, there are no encroachmcnts of buildings, structures, or improvemcnts located on said
land, onto adjcining lands, nor any encroachmcnts onto said land of buildings, structures' or improvements located on
adjoining lands'
2 Any future violations on said land of any covenants, conditions, or resrrictions occuning prror to acquisition of title to said estate or
rnterest by the insured, provided such violations result in to., o, irp.irrent of the lien.oithe mortgaBe or deed of trust relened to in
Schedule A or result in loss ofthe title to said estate or interesr ifthl insured shall acquire such title rn satisfaction ofthe indebtedness
secured by such mortgage or deed oftnrst'
3. Damage ro existing improvements which are located or encroach upon that portion of the land subject to any easement shown in
Schedulc B, which damage results fiom the exercise of the righr to use or maintain such easemenl for the purposes for which the same
was granted or reserved
4. Any final court order or judgment requiring removal from any land adjoining said tand of any encroachment shown in Schedule B '
whenever in this endorsement any or alt of the words,,covenants, conditions or restrictions" appcar, they shall not be deemed to refer to or include
the terms, covenants and conditions contained in any lease referred to in Schedule A'
The toral liability of the company under said policyand anyendorsemenr therein shall notexceed, in the aggregate, the facc amount of said policy
.nJ .oO, whichihe Company is obtigated under the conditions and stipulations thereof to pay'
This endorsement is made a part of said policy as o[ the date thereoI and is subject to the schedules, conditions and stipulations therein' except as
modified bythe provisittns hereof'
, Nothing herein contained shall be construed as extending or changing the effective date of the aforesaid policy or commitment' unless otherwise
exPresslY stated.
lN WITNESS WHEREOF. the company has caused this Endorsement to be signed and sealed as of:
Date: JulY 6, 2006
To be valid when countersigned by an authoriz€d ofl'icer or agent of the Company, all in accordance with its By-Laws'
Countersigned:
BY:
Authorized officer or Agent
CTIRB END.IOU
FORM 2 I 69
$92.00
ENDORSEMENT
ATTACHED TO POLICY NO. G32-2I16305
The company hereby insures the insured againsr Ioss which the insured shall sustain by rcason of physical' bul not aesthetic'
damage to improvements exisring on the land at Date of policy or constructed thereon thereafter, resulting from the exercise
subsJquegt to ih. Dut. of Policy oiany rights to use the surface of the land under the mineral Interest
Referred to rn Exception No. (s) 7, g, &10 of Schedule B - part I ("the mineral rights") subjcct, however, to the followrng terms and
conditions:
l. The insured shall notify the company promptly in writing in case knowledge shall come to an insured hereunder of any
actual or threatened exercise of the mineral rights'
z. The company shall have the right, at its cost, to take any action which in its opinion may be necessary or desirable in order
for the company to avoid or minimize the extent of its liability under this .niorr.*.nt, including, but not hmited to' any
or all of the following:
a. ln the Conrpany,s own right, or in the name of the insured or of the borrower under the indebtedness secwed by
the insured mortgage for the Company's benefit to institute, pros€cute and pursue to frnll determination any
proceedings at law or in equiry, or before any municipal, administrative' or regulatory u-ibunal or board;
b. In the Company,s own right, or in the name of the insured or of the borrower under the indebledness secured by
the insured mortgage for the Company's benefit, to compel the giving of security, bond or undertaking by the
person or persons from whom the insured or such borrower is entitled by law to such security' bond or
undertaking, and in the same amount or amounts to which the insured or such borrower would have been so
entitled had this endorsement not been issued; and
c. To retain or be paid out of any such securily, bond or undertaking, or out of any compensation or funds recovered
by the Company or by the insured or by tlre borrower under the indebtedness secured by the inswed mortgage'
such amount as will reimburse the Company fo, utl p.y*.nts made to the insured by the Company by reason of
the insurance afforded by rhis endorsement, togethei with all costs and expenses incurred by the Company in
connection therewith, including attorney's fees'
3. The insured shall take all reasonable steps to require the bonower under the indebtedness secured by the insured mortgage
to cooperate fully with the company in any action taken by the company pursuant to the provisions of paragraph 2 hereof'
and also to require such borrower to notify the insured p.o*prty in writini in case knowledge shall come to such bonower
of any actual or threatened exercise of the mineral rights'
4. No rights, benefits or defenses are intended to or shall be deerned to flow or be made available to any Person or entity other
than the insured by reason of the insurance afforded by this endorsement, and the inswed agrees that all of the insured's
rights and remedies against third parties relating to the subject rnatter of this endorsernent shall be deemed to have
remained intact, in the same tnanner as if this endorsement had not been issued'
This endorsement is made a part. of said policy and is subject to the schedules, conditions and stipulations therein' except as
modified bY the Provisions hereof
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Dated: JulY 6, 2006
cTrRB END. I 00.30 (LENDER)
FORM 2l 4l (coLoRADO) s' l'75
ffiHoRlzED oFFtaER oR AcENr
$s0.00
ALTA ENDORSEMENT. FORM 8.1
ENVIRONME}-ITAL PROTECTION LIEN
Aftached to and made a part of PolicyNumber G32-21 16305
The insurance afforded by this endorsement is only effcctive if the land is used or is to be used primarily for residential purposes'
The company insures the insured against ross or darnagc sustained by reason of lack of priority of the lien of the insured mortgage
over:
(a) any environmental protection lien which, at Date of Policy, is recorded in those records established under state statutes at
Date of policy for the purpcse of imparting consffuctive notice of matters relating to real property to purchasers for value
and wrthout knowledge, or filed in the records of the clerk of the United States district court for the distnct in which the
land is located, except as set forth in Schedule B, or
(b) any environmental protection lien provided for by any state statute in effect at Date of Policy, except environmental
protection liens provided for by the following state statutes:
NONE
This endorsement is made a part of the policyand is subjectto all of the terms and provisions thereof and of anyprior endorsements
thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior
endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount
thereof.
has caused its corporate narne and seal
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Dated: July 6,2006
ALTA ENDORSEMENT - Form 8. I (EnvrronnrentalProtcction Lien - to accompanyonly
ALTA loan poiicicsas revised I 0' I 7'92)
Form 229 I
Form 8. I
to be hereunto affixed by its duly authorized officers.
Authorrzed OIIicer or Agent
Countersigned
$75.00
ENDORSEMENT
Attached to Policy No' G32-2116305
TheCompanyassuresthelnsuredthatatthedateofthisPolicythereislocatedonsaidland
I storY farm/ranch house
Known as 5181 County Road 233' Rifle' CO 81650
and that the map attached to this policyshows the correct location and dimensions of said land according to
those records which under the recording laws impart constructive notice as to said land'
The company hereby insures the Insured against loss which said Insured shall sustain in the event that the assurance herein shall
prove to be incorect'
The total liability of the Company under
amount of said policy and costs which the
saidpolicyandanyendorsementsthereinshallnotexceed,intheaggregate'theface
Company is obiigated under ihe conditions and stipulations thereof to pay'
This endorsement is made a part of said policy and is subject to the schedures, conditions and stipulations therein' except as
modified bY the Provisions hereof'
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Dated: JulY 6,2006
Countersigned:
CLTA Form I l6 (Rev'd 2-20-61)
ALTA - t cnder
A@ACENT
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UNITED STATES OI' AMERIOA,
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Certifi cnto 1\fo-,q1'r'--
to all lo 'whorE tEc=o P(ercqts chalt, coErer GREETIT{Gr
.hai1 dcposital in lhc E^cncml Innd Offro of lha llnilatr Slalcs a Certifrcalc ol the Registcr of lhc lanl O/lico ut
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a.n,l to---J14j-hcirs, lhc *id Ticf doca dacibed: To Have and to Hotd lhc surttc, toglclhcr toillo ttll
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670950 O3/24/2OO5 O4:24? 81673 P299 ll RLSDORF
1 of 5 R o.OO D O.oo GRRFIELD C0UNTY C0
STATE OF COLORADO
County of Garireld
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At a regular meeting of the Board of County Commissioners for Garfield County, Colorado,
held in the CommissionersiMeeting Room, Garfield County Plaza Building, in Glenwood Springs
on, Monday, the 186 day of October, zOM, A. D. there were present:
John Martin , Commissioner Chainnan
I-arru McCown _, Commissioner
TrEsi Houpt , Commissioner
Don DeFord , CountY AttorneY
Mildred Alsdorf
-,
Clerk of the Board
Ed Green County Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTION No. 20os-38
A RESOLUTION CONCERNED WITH GRANTING AN E)GMPTION FROM THE
DEFINITION OF SUBDIYISION IN TIIE GARFIELD COUNTY SUBDIVISION
REGULATIONS FOR AN 8l.ACRE TRACT OF LAND OWNED BY MARIJ{ GLORH
WILKS & EDWARD JACOB WILKS
Parent Parcel ID: 2127-344'00'141
WIIEREAS, Maria Gloria Wilks & Edward Jacob Wilks petitioned the Board of County
Commissioners of Garfield County, Colorado, for an exemption ftom the definition of the terms
"subdivision" and "subdivided land" under C.R.S. 1973,30-28-l0l (10) (a)-(d), as amended, andthe
Subdivision Regulations of Garfield County Colorado, adopted April23, l9M, Section 8:00 through
8:60 and for the division of a 8l-acre tract into two (2) tracts with the exemption parcels more
practically described as follows and contained in Exhibit A:
Parcel A (70.860 rcres)
Parcel B (10.612 acres)
WHEREAS, the propertyis generally located on CountyRoad233 in the \il Vzof theSEr/e
of Section 34, Township 5 South, Range 92 West of the 6* PM (approximately 2 miles west of Silt,
north of I-70) and said parcel is located within the AgriculturaU Residential / Rural Density (ARRD)
zone disrict; and
LJr I
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670950 o3/24/2OO5 O4:24P 81673 P300 l'l RLSDORF
2 ol 6 n @.OO A O.OO GRRFIELD C0UNTY C0
WHEREAS, Section 8:52(A) of the Subdivision regulations of 1984, as amended, states that
,,No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any
parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office
onJanuary l,ig73,andisnotapartofarecordedsubdivision;however,anyparceltobedividedby
exempdo; that is split by a pubftc right-of-way (State orFederal highway, County road orrailroad)
preventing joint usi of itre propor"a tracts, and the division occurs atong the public right-of-way,
su"tr pu*iir thereby
"rrut"d
may, in the discretion of the Board, not be considered to have been
"r""t"a by exempti|n with regard to the four (4) lot, parcel, interest or dwelling unit limitation
otherwise applicible; For the purposes of definition, all tracts of land thirty-five (35) acrcs or grBater
in size, creaiea after January-1,-1973, will count as parcels of land created by exemption since
January l,1973."
WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County
Commissioners of Garfield County, Colorado, that the proposed division does not fall within the
purposes of Part l, Article 28, Title 30, Colorado Revised Statutes 1973, as amended, forthe reason
that the division does not warrant further suffiivision review; and
WIIEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County
Commissioners of Garfield County, Colorado, that there is a reasonable probability of locating
domestic water on each of said parcels, that there is existing ingress and egress to said parcels, that
the location of septic tanks will be permitted by the Colorado Department of Health, that the
requested division is not part of an existing or larger development and does not fall within the
general purposes and intent of the SuMivision Regulations of the State of Colorado and the County
of Crfr"tO, and should, therefore, be exempted from the definition of the terms "subdivision" and
"subdivided land" as set forth in C.R.S. 1973,30-28-l0l (10) (a)-(d), as amended; and
WHEREAS, this resolution shall render previously recorded Resolution 2OO2-04 (which
approved a Special Use Permit for an Accessory Dwelling Unit for the subject property) null and
void resulting in returning the "use status" of the dwelling unit on Parcel B from an Accessory
Dwelling Unit to that of a primary dwelling uniq and
WIIEREAS, theBoardof CountyCommissioners of Garfield County, Colorado, onthe basis
of substantial competent evidence produced at the aforementioned hearing, has made the following
determination of facts:
l. Proper public notice was provided as required for the hearing before the Board of County
Commissioners.
2. The hearing before the Board of County Commissioners was extensive and complete, all
pertinent facts, matters and issues were submitted, and all interested parties were heard at
that meeting.
3. The application is in conformance with the Garfield County ToningResolution of 1978,
as amended.
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3 of 6 R O.OO O O-OO GARFIELD COUNTY C0
4. The applicarion is in conformance with the Garfield County Subdivision Regulations of
1984, as amended.
5. The parcel is split by the Silt Pump Canal which was classified by the Board as a public
right-of-way and wirich also prevents joint use of the proposed tracts and the division
occurs along the public right-of-way.
6. The above stated and other reasons, the proposed Exemption from the Definition of
subdivision is in the best interest of the health, safety, morals, convenience, order,
prosperity and welfare of the citizens of Garfield County'
NOW TIIEREFORE, BE IT RESOLVED, by a vote of 3 to 0, that the division of the
above described g l-acre tract is hereby exempted from such definitions with the conditions set fotth
below and may be conveyed in the form of the "Parcels A and B of the Wllks SuMivision
Exemptionrr, as are more iully described above and that a copy of the instrument or instruments of
"orr"y*"" when recorded shall be filed with this Resolution and that the following conditions of
this aiproval required by the Board of County Commissioners have been completed-
l. That all representations of the Applicant, either within the application or stated at the meeting
before the Board of CountyCommissioners, shall be considered conditions of approval unless
explicitly altered bY the Board.
z. That the resolution memorializing the Exemption approval for Ed and Maria Wilks shall
include a "whereas" statement that vacates Resolution 20f/2'M which approved a Special Use
permit for an Accessory Dwelling Unit for the subject property and renders the status of the
dwelling unit to that of a primary dwelling unit on Parcel B'
3. The Applicant shall provide a well pump test demonstrating that all of the criteria below have
been completed prior to the signing of the plat:
a. That a four (4) hour pump test be performed on the well to be used;
b. A well completion report demonstrating the depth of the well, the characteristics of the
aquifer and the static water level;
c. The results of the four (4) hour pump test indicating the pumping rate in gallons per
minute and information showing drawdown and recharge;
d. A written opinion of the person conducting the well test that this well should be
adequate to supply water to the number of proposed lots;
e. An assumption of an average or no less than 3.5 people per dwelling unit, using 100
gallons of water per Person, Per daY;
f. ihe water qualitybe tested by an approved testing laboratory and meet State guidelines
conceming bacteria, nitrates and suspended solids;
E. A water sharing agreement will be filed with the exemption plat that defines the rights
of the property owners to water from the well.
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4.
5.
The Applicant shall depict and legally describe easements on the Exemption plat forthe shared
potable water supply (the well *d *at"r line) and the irrigation waterpiped from Parcel A to
parcel B. Further, the Applicant shall provide a document that describes the nature of
ownership and responsiUiiiiies of these shared utilities and how they arc to be conveyed to
future loiowners. This information shall be submitted with the exemption plat for review by
the Building and Planning Department.
The Applicant shall adhere to the following recomrnendations by the Rifle Fire Protection
District:
a. posting of Address: Addresses are to be posted where the driveway intersects the
Count! road. If a shared driveway arrangement is used, the address for each home
should be posted to clearly identiff each address. Irtters are to be a minimum of 4
inches in hlight, 7z inches in width, and contrast with background colors.
b. Access Roadways: Driveways should be constructed to accommodate the weights of
emergency apparatus in adverse weather conditions'
c. Defensible Space: Combustible materials should be thinned from around structures so
as to provide a defensible space in the event of a wildland fire.
d. If available, the District would like to work with the owners to develop a dry hydrant in
the area for fire Protection use.
The Applicant shall be required to pay a $200.00 school site acquisition fee for the newly
created lot, prior to the approval of the Exemption plat.
The Applicant shall include the following plat notes on the Exemption plat:
a. "Control of noxious weeds is the responsibility of the proPerty owner."
b. "One (1) dog will be allowed for each residential unit and the dog shall be required to
be confined within the owners property boundaries."
c. "No open hearth solid-fuel fireplaces will be allowed anywhere within an exemption.
One (l) new solid-fuel burning stove :rs defied by C.R-S. 25-7401, et. seq., and the
regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling
units will be allowed an unrestricted number of natural gas burning stoves and
appliances".
d. "All exterior lighting shall be the minimum amount necessary and that all exterior
lighting be directed inward and downward, towards the interior of the lots, except that
6.
7.
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5 of 5 R O.OO D O.OO GRRFIELD C0UNTY C0
provisions may be made to allow for safety lighting that goes beyond the property
boundaries".
e. .,Colorado is a "Right-to-Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners,
residents and visitors must |g prepared to accept the activities, sights, sounds and
smells of Garfield County's agriiuliural operations as a normal and necessary aspect of
living in a County with a strong rural character and a healthy ranching sector- Those
with an urban ,"riitirity may perceive such activities, sights, sounds andsmells only as
inconvenien"", "y"*o*, ,oiti and odor. However, State law and County policy
provide that rancling, farming or other agricultural activities and operations within
Garfield County shall not be considered to be nuisances so long as operated in
conformance with the law and in a non-negligent manner. Therefore, all must be
prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on
public roads, livestock on public roads, storage and disposal of manure, and the
application by spraying oi othenrise of chemical fertilizers, soil amendmenls,
tt-erbicides, ana pesticiars, any one or more of which may naturally occur as a part of a
legal and non-negligent agricultural operations'
f. AII owners of land, whether ranch or residence, have obligations under State law and
Counry regulations with regard to the maintenance of fences and irrigation ditches'
controllin! weeds, keeping livestock and pets under control, using property in
accordance with zoning, and other aspects of using and maintaining property.
Residents and landowners are encouraged to learn about these rights and
responsibilities and act as good neighbors and citizens of the County. A good
introductory source for such information is "A Guide to Rural Living & SmaII Scale
Agricuhui' put our by the Colorado State University Extension Office in Garfield
CountY."
E. No further divisions by exemption from the rules of Subdivision will be allowed.
8. The Applicant shall include a plat note on the final plat stating the following: "The mineral
rights associated with this property (also known as Parcels A and B of the Wilks Exemption)
have been partially severed and are not fully intact or transferred with the surface estate
therefore aUowing the potential for natural resource extraction on the property by the mineral
estate owner(s) or lessee(s)."
BOARD OF
\
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Atg9/So O3/24/2OO3 O4:24P 81673 P304 1'l RLSDORF
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Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
STATE OF COLORADO
County of Garfield
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County'
at Glenwood Springs, this
-
daY of A.D.20_.
County Clerk and ex-off,rcio Clerk of the Board of County Commissioners
Aye
Aye
Aye
)
)ss
)
| _, County Clerk and ex-officio Clerk of the Board of
County Commirrion"rr, in *d for the County and State aforesaid, do hereby certiff that the annexed
and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County
Commissioners for said Garfield County, now in my office'
6
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1 of 6 R O.Oo D o-OO GRRFIELD COUNTY C0
STATE OF COLORADO
County of Garfreld
)
)ss
)
At a regular meeting of the Board of County Commissioners for Garfield County, Colorado,
held in the CommissionersiMeeting Room, Garfield County Plaza Building, in Glenwood Springs
on, Monday, the lE h day of October, 2W4, A. D. there were Present:
John Martin , Commissioner Chairman
I.arry McCown , Commissioner
Trdsi Houpt , Commissioner
Don DeFord , CountY AttorneY
Mildred Alsdorf , Clerk of the Board
Ed Green , Counry Manager
when the following proceedings, among others were had and done, to-wit
RESOLUTION No. 200s-38
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE
DEFINITION OF SUBDIVISION IN TIIE GARFIELD COUNTY SUBDIVISION
REGT'LATIONS FOR AN 8l.ACRE TRACT OF LAND OWNED BY MARIA GLORIA
WILKS & EDWARD JACOB WILKS
Parent Parcel ID: 2 127'344'N' I 4 I
WIIEREAS, Maria Gloria Wilks & Edward Jacob Wilks petitioned the Board of County
Commissioners of Garfield County, Colorado, for an exemption from the definition of the tenns
"subdivision" and "subdivided land" under C.R.S. 1973,3U28-101 ( l0) (a)-(d), as amended, and the
Subdivision Regulations of Garfield County Colorado, adopted Api123,1984, Section 8:00through
8:60 and for the division of a 8l-acre ffact into two (2) tracts with the exemption parcels more
practically described as fol.lows and contained in Exhibit A:
Parcel A (70.860 acres)
Po.rcel B (10.612 acres)
WIIEREAS, the property is generally located on County Road 233 in the W Vzof theSEt/a
of Section 34, Township 5 South, Range 92 West of the 6th PM (approximately 2 miles west of Silt,
norrh of I-70) and said parcel is located within the Agricuttural/ Residential / Rural Density (ARRD)
zone district; and
.u
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tuuIlu;pu4l'J![lilH$,'[f lllilllltlllqHll#u"J j',F;l:ll[['*[h:!'['!l'I[|
WHEREAS, Section 8:52(A) of the Subdivision regulations of 1984, as amended, states that
"No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any
parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office
-on
January l, ig/3,and is not a part of a recorded subdivision; however, any parcel to be divided by
exemption that is split by a public right-of-way (State or Federal highway, County road or railroad)
preventing joint usl of the proposed tracts, and the division occurs along the public right-of-way,
iuctr prr"et.r thereby created may, in the discretion of the Board, not be considered to have been
creatJd by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation
othenrise applicable; For the purposes of definition, all tracts of land thirty-five (35) acres or greater
in size, created after January l, 1973, will count as parcels of land created by exemption since
January 1,1973."
WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County
Commissioners of Garfield County, Colorado, that the proposed division does not fall within the
purposes of Part 1, Article 28, Title 30, Colorado Revised Statutes 1973, as amended, for the reason
that the division does not warrant further subdivision review; and
WIIEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County
Commissioners of Garfield County, Colorado, that there is a reasonable probability of locating
domestic water on each of said parcels, that there is existing ingress and egress to said parcels, that
the location of septic tanks will be permitted by the Colorado Department of Health, that the
requested division is not part of an existing or larger development and does not fall within the
general purposes and intent of the Subdivision Regulations of the Smte of Colorado and the County
of Garfield, and should, therefore, be exempted from the definition of the terms "subdivision" and
"subdivided land" as set forth in C.R.S. 1973,30-28-101 (10) (a)-(d), as amended; and
WHEREAS, this resolution shall render previously recorded Resolution 20c/2-04. (which
approved a Special Use Permit for an Accessory Dwelling Unit for the subject property) null and
void resulting in returning the 'trse status" of the dwelling unit on Parcel B from an Accessory
Dwelling Unit to that of a primary dwelling unit; and
WIIEREAS, the Board of County Commissioners of Garfield County, Colorado, on the basis
of substantial competent evidence produced at the aforementioned hearing, has made the following
determination of facts:
1. Proper public notice was provided as required forthe hearing before the Board of County
Commissioners.
2. The hearing before the Board of County Commissioners was extensive and complete, all
pertinent facts, matters and issues were submitted, and all interested parties were heard at
that meeting.
3. The application is in conformance with the Garfield County TnningResolution of 1978,
as amended.
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4. The application is in conformance with the Garfield County Subdivision Regulations of
1984, as amended.
5. The parcel is split by the Silt Pump Canal which was classified by the Board as a public
right-of-way and which also prevents joint use of the proposed tracts and the division
occurs along the public right-of-way.
6. The above stated and other reasons, the proposed Exemption from the Definition of
Subdivision is in the best interest of the health, safety, morals, convenience, order,
prosperity and welfale of the citizens of Garfield County.
NOW THEREFORE, BE IT RESOLVED, by a vote of 3 to 0, that the division of the
above described 8l-acre tract is hereby exempted from such definitions with the conditions set forttl
below and may be conveyed in the form of the "Parcels A and B of the Wilks SuMivision
Exemption", as are more fully described above and that a copy of the instrument or instnrments of
"onrey*." when recorded shall be f,rled with this Resolution and that the following conditions of
this approval required by the Board of County Commissioners have been completed.
l. That all representations of the Applicant, either within the application or stated at the meeting
before the Board of CountyCommissioners, shall be consideredconditions of approval unless
explicitly altered by the Board.
2. That the resolution memorializing the Exemption approval for Ed and Maria Wilks shall
include a "whereas" statement that vacates Resolution 2002-Mwhich approved a Special Use
Permit for an Accessory Dwelling Unit for the subject property and renders the status of the
dwelling unit to that of a primary dwelling unit on Parcel B-
3. The Applicant shall provide a well pump test demonstrating that all of the criteria below have
been completed prior to the signing of the plat:
a. That a four (4) hour pump test be performed on the well to be used;
b. A well completion report demonstrating the depth of the well, the characteristics of the
aquifer and the static water level;
c. The results of the four (4) hour pump test indicating the pumping rate in gallons per
minute and information showing drawdown and recharge;
d. A written opinion of the person conducting the well test that this well should be
adequate to supply water to the number of proposed lots;
e. An assumption of an average or no less than 3.5 people per dwelling unit, using 100
gallons of water per person, per day;
f. The water quality be tested by an approved testing laboratory and meet State guidelines
concerning bacteria, nitrates and suspended solids;
g. A water sharing agreement will be frled with the exemption plat that defines the rights
of the property owners to water from the well'
Lr1llq'r*r1r,rr#U4t1u^l[[,,t'$*l11u fll,Jull4f;lUUul,,,,,t!l[,,,]*n*Hl1[$lt.t!It;';-6 i-s.oo o o.oo GRRFTELD couNr
4. The Applicant shall depict and tegal,ly describe easements on the Exemption plat for the shared
potable water supply (the well and water line) and the irrigation water piped from Parcel A to
parcel B. Further, ite Rppticant shall provide a document that describes the nature of
ownership and responsiUiiiiies of these snared utitities and how they are to be conveyed to
future lot owners. This information shall be submitted with the exemption plat for review by
the Building and Planning Department'
5. The Applicant shall adhere to the following recommendations by the Rifle Fire Protection
District:
6.
7.
a. Posting of Address: Addresses ale to be posted where the driveway intersects the
Counry road. If a shared driveway art*gi-"t t is used, the address for each home
should be posted to clearly identifu each address. Iriters are to be a minimum of 4
inches in hiight, Tz inchesln width, and contrast with background colors'
b. Access Roadways: Driveways should be constructed to accommodate the weights of
emergency aPParatus in adverse weather conditions'
c. Defensible Space: Combustible materials should be thinned from around structures so
as to provide a defensible space in the event of a wildland fire.
d. If available, the District would like to work with the owners to develop a dry hydrant in
the area for fire Protection use.
The Applicant shall be required ro pay a $200.00 school site acquisition fee for the newly
created iot, prior to the approval of the Exemption plat'
The Applicant shall include the following plat notes on the Exemption plat:
a. "Control of noxious weeds is the responsibility of the ProPerty owner"'
b. "One ( I ) dog will be allowed for each residential unit and the dog shall be required to
be confined within the owners property boundaries"'
c. ,,No open hearth solid-fuel fireplaces will be allowed anywhere within an exemption.
One (l) new solid-fuel burning stove as defied by C.R.S. 25-7401, et' seq', and the
regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling
units will be allowed an unrestricted number of natural gas buming stoves and
appliances".
d. "All exterior lighting shall be the minimum .Lmount necessary and that all exterior
lighting te directeO inward and downward, towards the interior of the lots, except that
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provisions may be made to allow for safety lighting that goes beyond the property
boundaries".
e. "Colorado is a "Right-to-Farm" State pursuant to C.R.S. 35-3-101, et seq. Iandowners,
residents and visitors must be prepared to accept the activities, sights, sounds and
smells of Garfield County's agricultural operations as a normal and necessary aspect of
living in a County with a strong rural character and a healthy ranching sector. Those
with an urban sensitivity may perceive such activities, sights, sounds and smells only as
inconvenience, eyesore, noise and odor. However, State law and County policy
provide that ranching, farming or other agricultural activities and operations within
Garfield County shall not be considered to be nuisances so long as operated in
conformance with the law and in a non-negligent rumner. Therefore, all must be
prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on
puUtic roads, livestock on public roads, storage and disposal of manure, and the
application by spraying or otherwise of chemical fertilizers, soil amendments,
herbicides, and pesticides, any one or more of which may naturally occur as a part of a
legal and non-negligent agricultural operations.
f. All owners of land, whether ranch or residence, have obligations under State law and
County regulations with regard to the maintenance of fences and irrigation ditches,
controlling weeds, keeping livestock and pets under control, using property in
accordance with zoning, a16 other aspects of using and maintaining property.
Residents and landowners are encouraged to learn about these rights and
responsibilities and act as good neighbors and citizens of the County. A good
introductory source for such information is "A Guide to Rural Living & Small Scale
Agriculture" put our by the Colorado State Universiry Extension Office in Garfield
County."
g. No further divisions by exemption from the rules of Subdivision will be allowed.
8. The Applicant shall include a plat note on the final plat stating the following: '"The mineral
rights associated with this property (also known as Parcels A and B of the Wilks Exemption)
have been paftially severed and are not fully intact or transferred with the surface estate
therefore allowing the potential for natural resource extraction on the property by the mineral
estate owner(s) or lessee(s)."
4TfEST:BOARD OF
'.a .' r.- \ '::i rri'J ":
---' Clnrls'.of tfre.$oard
' ,r\'
.. .alllt'., I tt,lr|
\
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Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN , Aye
COMMISSIONER LARRY L. MCCOWN , Aye
CoMMISSTONER TRDSr HOUPT , Aye
STATE OF COLORADO
County of Garfield
County Clerk and ex-officio Clerk of the Board of
County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed
and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County
Commissioners for said Garfield County, now in my office.
IN WIINESS WHEREOF, I have hereunto set my hand and affixed the seal of said County,
at Glenwood Springs, this _ day of , A.D. 20--.
Counry Clerk and ex-officio Clerk of the Board of County Commissioners
)
)ss
)
6
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SZZT8S A4/t3/2O05 03:32P 81678 P5:]0 ll RLSDORF
7 ol L2 R O.OO D O.OO GRRFIELD COUNTY CO
EXHIBIT
PARCEL A
A PARCEL OF LAND STTUATE IN THE WTIaSE,II4, SECTION 34, TOWNSHIP 5 SOUTH,
RANGE 92 WEST OF THE 6TH PRINCIPAL MERIDIAN, COIINTY OF GARFIELD, STATE
OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUfi{ QUARTER CORNER OF SAID SECTION 34 AN
ALUMINUM CAP I.S NO. 10871 IN PLACE; THENCE N00o07'25"E ALONG THE
WESTERLY LINE OF SAID WII2SEII4 887.48 FEET TO A POINT ON THE CENTERLINE
OF TTIE SILT PUMP CANAL, (WHENCE A 20'WMNESS CORNER, A REBAR AND CAP LS
NO. 36572 IN PLACE BEARS S00o07'25"W 20.00 FEET), TrrF TRLIE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE N00"07'25"E
1865.19 FEET TO TI{E CENTER QUARTER CORNER OF SAID SECTTON 34 AN
ALUMINUM CAP LS NO. 10871 IN PLACE; TTIENCE DEPARTING SAID WESTERLY LINE
S87O43'51''E ALONG THE NORTIIERLY LINE OF SAID WLIaSELI4 A DISTANCE OF
1337.76 FEET TO THE EAST CENTER 1/16 CORNER OF SAID SECTION 34 AN
ALUMINUM CAP LS NO. 27613 IN PLACE; THENCE DEPARTING SAID NORTHERLY
LINE SOOOOI'3o''E ALONG TTIE EASTERLY LINE OF SAID WII2SEII4 A DISTANCE OF
1332.26 FEET TO A POINT ON T}IE NORTHERLY LINE OF THE C.R. COMMERCIAL
PROPERTIES EXEMPTION PLAT FILED WITH THE GARFIELD COT.JNTY CI-ERK AND
RECORDERS OFFICE AS RECEPTION NO. 567452, A REBAR AND CAP LS NO. 19598 IN
PLACE; THENCE DEPARTING SAID EASTERLY LINE ALONG SAID EXEMPTION PLAT
THE FOLLOWING ErGHT (8) COT.JRSES:
l) N87"36'04"W 75.88 FEET TO A REBAR AND CAp I.S NO. 19598IN pI_ACE;
2) Sl1"06'17"w 156.41 FEET TO A REBAR AND CAp t,S NO. 19598 rN pLACE;
3) S03'03'15"W 144.66 FEET TO A REBAR AND CAp LS NO. 14060 IN pLACE;
4) SO2'04',z9"W 351.14 FEET TO A REBAR AND CAp I_S NO. 19598 IN pLACE;
5) S09"05'37"E 106.39 FEET TO A REBAR AND CAp I,S NO. 14060IN pLACE;
6) S36'31'44"E 101.40 FEET TO A REBAR AND CAp t,S NO. 14060IN pLACE;
7) S07o04'10"E 213.48 FEET TO A REBAR AND CAp I-S NO. 14060IN pLACE;
8) SO3" 15'09"8 260.14 FEET TO A POINT ON THE CENTERLINE OF THE SILT PI,JMP
CANAL TT{ENCE DEPARTING SAID WESTERLY LINE ALONG SAID CENTERLINE THE
FOLLOWTNG SD( (6) COURSES:
1.) N88'19'00"W 29L.62 FEET;
2.) N48'07',22"W 155.43 FEET;
3.) N64.17'00"W 514.95 FEET;
4.) N44.05'00"'W', 23 I.20 FEET;
5.) N50"34',00"\ry', 27 g.O0 FEET;
6.) N33"30'OO"'W 174.70 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL OF
LAND CONTAINING 70.860 ACRES, MORE OR LESS.
TOGETHER WITH A STRIP OF LAND 30 FEET IN WIDTH FOR THE USE OF ACCESS AND
UTILITY EASEMENT SITUATE IN THE SW1/4SE1/4, SECTION 34, TOWNSHIP 5 SOUTH,
RANGE 92 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE,
OF COLORADO, SAID EASEMENT LYING 15 FEET TO EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE:
\
I llllil llill lllltil lllt lllllllm ilil-Ill ult tlll l^[l
Etdididir11'ri;ios'-ssszp ersza E9! 1'l RLSDoRF
i'Ii-iz-n s-.so o 0.oo GnRFIELD couNrY c0
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 34 AN
ALUMINUM CAP lS NO. 10871 IN PLACE; THENCE N89o52'40"E ALONG TIIE
SOUTHERLY LINE OF SAID SECTION 34 1143,69 FEET TO A POINT ON TTIE
CENTERLINE OF AN EXISTING GRAVEL ROAD THE TRUE POINT OF BEGINNING;
TTIENCE DEPARTING SAID SOUT}IERLY LINE ALONG SAID CENTERLINE
N00"50'40"E 66.83 FEET; TO A POINT ON THE SOUTHERLY LINE OF PARCEL A, TflE
POINT OF TERMINUS (WHENCE T}IE SOUTH QUARTER CORNER OF SAID SECTION 34
BEARS S86"32'14'W 1t46J7 FEET) SIDE LINE TO BE LENGTHENED OR SHORTENED TO
CLOSE UPON THE PROPERTY LINES.
SUBJECT TO A STRIP OF LAND 20 FEET IN WIDTH FOR THE USE OF ACCESS, REPAIR
AND MAINIE,NANCE OF A WELL AND WATER LINE AS CONSTRUCTED AND IN
PI-ACE SMUATE IN THE SW1/4SE1/4, SECTION 34, TOWNSHIP 5 SOUTH, RANGE 92
WEST OF THE 6TH PRINCIPAL MERIDIAN, COI.JNTY OF GARFIELD, STATE OF
COLORADO, SAID STRIP OF LAND LYING 10 FEET TO EACH SIDE OF THE
FOLLOWING DES CRIBED CENTERLINE:
COMMENCING AT THE SOUTTI QUARTER CORNER OF SAID SECTION 34 AN
ALUMINUM CAP LS NO. 10871 IN PLACE; THENCE N71o19'46"E 808.06 FEET TO THE
TRT]E PIOINT OF BEGINNING; THENCE ALONG SAID CENTERLINE TTIE FOLLOWING
sEvEN (7) COURSES:
I ) N28"06' I 4E 26.62 FEET;
2) N78o04'26"E 182.17 FEET;
3) N48o3O'15"E 53.99 FEET;
4) N27"19'37"E t39.78 FEET;
5) N66"3 2'32"E 66.56 FEET;
6) N83"04'25"E 59.39 FEET;
7) N15"04',12"892.33 FEET TO THE CENTER OF Al.l EXTSTING WELL, THE POINT OF
TERMTNUS (WHENCE THE SOUTH l/4 CORNER OF SAID SECTION 34 BEARS,
S63"45'02'W 13,+0.60) TO INCLUDE A 20 FOOT RADruS EASEMENT FROM TI{E CENTER
OF SAID WELL FOR T}IE PI.]RPOSE OF ACCESS, REPAIR AND MAINTENANCE.
SUBJECT TO A STRIP OF LAND 30 FEET IN WIDTH FOR THE USE OF ACCESS AND
MAINTENANCE OF AN IRRIGATION EASEMENT SITUATE IN THE SW1/4SE1/4,
SECTION 34, TOWNSHIP 5 SOUTH, RANGE 92 WEST OF THE 6TH PRINCIPAL
MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID EASEMENT LYING
15 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE CENTER EAST 1/16 CORNER OF SECTION 34, AN ALUMINI.JM
CAP LS NO 27613 IN PLACE; TIIENCE S00o01'30"E t156.24 FEET TO THE CENTERLINE
OF AN IRRIGATION DTTCH AS CONSTRUCTED AND IN PLACE THE TRUE FOINT OF
BEGIhIMNG; THENCE ALONC TI{E CENTERLINE OF SAID IRRIGATION DTTCH THE
FOLLOWTNG THTRTEEN (13) COURSES:
l. s26"54'05"W 238.30 FEET;
2. Slz"zl'.l6"W 199.14 FEET;
llllil ilil llilil lilr llill ilil il ilt ilil Lil ltl
572785 O4/13/2OO5 O3:32P 81678 P532 ll9 of 12 R O.Oo D O.OO GRRFIELD C0UNTY
3. 521"52',25',W 198.01 FEET;
4. 561"03',20"W 137.93 FEET;
5. SO8"4O'44''W I 19.09 FEET TO AN EXISTING HEADGATE AT TTIE SOUTHERLY EDGE
OF A POND AS CONSTRUCTED AND IN PLACE; TO INCLUDE A IOO FOOT RADruS
EASEMENT FROM TI{E CENTER OF SAID HEADGATE FOR TTM PURPOSE OF ACCESS,
REPAIR AND MAINTENAIYCE OF SAID POND; THENCE CONTINUING ALONG THE
CENTERLINE OF SAID IRRIGATION DITCH ;
6. 52238',27"W 90.27 FEET;
7. 537013'52"W 234.68 FEET;
8. 569 42'49"W gg. I 7 FEET;
9. N83"09'45"W 52.20 FEET;
to. s2223'27 "E 35.07 FEET;
I 1. 56 I "52'19'E 92.56 FEET;
12. S12"06'19',W 102.il FEET;
13.526"42'58''W 24.08 FEET TO THE NORTHERLY LINE OF PARCEL B, TTIE POINT OF
TERMINUS; (WHENCE SAID CENTER EAST I/16 CORNER OF SECTION 34 BEARS
N14"09'59"E 2500.36 FEET). SIDE LINES TO BE LENGTITENED OR SHORTENED AS
NEEDED TO CLOSE WTIH PROPERTY LINES.
RLSDORF
co
llllilffilt lllllil llililll lllllililllil illlll lll llll
612L83 O4/1.3/?OO5 O3t32P 81678 P633 t'l RLSDORF
lA ol 12 R O.Oo D g.OO GRRFIELD COUNTY C0
PARCEL B
A PARCEL OF LAND SITUATE IN THE SW1/4SEI/4, SECTION 34, TOWNSHIP 5 SOUTH,
RANGE 92 WEST OF THE 6TH PRINCIPAL MERID[AN, COUNTY OF GAFSIELD, STATE
OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 34 AN ALIJMINI.JM
CAP I.S NO. 10871 IN PLACE; THENCE N00o07'25"E ALONG THE WESTERLY LINE OF
SAID SWI/4SEI/4 A DISTANCE OF 887.48 FEET TO A POINT ON TIIE CENTERLINE OF
THE SrLT PIJMP CANAL (WHENCE A REBAR AND CAP 36572 WITNESS CORNER
BEARS S00o07'25"W 20.00 FEET); TIIENCE DEPARTING SAID WESTERLY LINE ALONG
sArD CENTERLTNE THE FOLLOWING SD( (6) COURSES:
1.) S33"30'W"E t74.70 FEET;
2.) S50"34'00'E 278.00 FEET;
3.) S44'05'OO"E 23t.20 FEET;
4.) 564"17'00',E 514.95 FEET;
5.) 548'07'22"8 155.43 FEET;
6.) 588"19'00"E.28r.64 FEET TO A POINT ON THE WESTERLY LINE OF THE CR
COMMERCIAL PROPERTIES DGMPTION PLAT FN ED WITH THE GARFIELD COI.]NTY
CLERK AND RECORDERS OFFICE AS RECEPTION NO. 567452; THENCE DEPARTING
SAID CENTERLINE SO3"I5'09"E ALONG SAID WESTERLY LINE 60.9I FEET TO A POINT
ON THE SOI.ITHERLY LINE OF SAID SECTION 34; THENCE DEPARTING SAID
WESTERLY LINE S89O52'40''W ALONG SAID SOUTHERLY LINE 1338.54 FEET TO TI{E
POINT OF BEGINNING, SAID PARCEL OF LAND CONTAINING 10.612 ACRES, MORE OR
LESS.
TOGETHER WTTH A STRIP OF LAND 20 FEET IN WIDTH FOR TTIE USE OF ACCESS,
REPAIR AND MAINTENANCE OF A WELL AND WATER LINE AS CONSTRUCTED AND
IN PLACE STTUATE IN THE SW1/4SEI/4, SECTION 34, TOWNSHIP 5 SOUTH, RANCE 92
WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF
COLORADO, SAID STRIP OF LAND LYING lO IIEET TO EACH SIDE OF THE
FOLLOWING DES CRIBED CENTERLINE :
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 34 AN
ALUMINUM CAP LS NO. 10871 IN PLACE; THENCE N7l "1946"E 808.06 FEET TO THE
TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE THE FOLLOWING
sEvEN (7) COURSES:
I ) N28"06'1 4"E 26.62 FEET;
2) N78"04'26"8 182j7 FEET;
3) N48"30'15"E 53.99 FEET;
4) N27o 19'37"8 139.78 FEET;
5) N66'32'32"E 66.56 FEET;
6) N83"M'25"8 59.39 FEET;
7) NI5OM'12"8 82.33 FEET TO THE POINT OF TERMINUS (WHENCE A POINT ON THE
EASTERLY BOUNDARY OF PARCEL A BEARS 557"49'39"8 108.32 FEET A REBAR A}.ID
I lillll llll lllllll llll illl lffi lill il lllll lll llll
aiIidi7ilrllnoss st''32P 816?8 Psa4 n RLsooRF
ri-"i-ri R 0.00 D o.oo GRRFIELD cotNTY c0
cAp I-s No. t4060 rN PLACE) TO INCLUDE A 20 FOOT RADruS EASEMENT FROM TIIE
CENTER OF SAID WELL FOR THE PURPOSE OF ACCESS, REPAIR AND MAINTENANCE.
SUBJEC]T TO A STRtr OF LAND 30 FEET IN WIDTH FOR THE USE OF ACCESS AND
UTILruY EASEMENT SITUATE IN THE SW1/4SEI/4, SECTION 34, TOWNSHIP 5 SOUTH,
RANGE 92 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE
OF COLORADO, SAID EASEMENT LYING 15 FEET TO EACH SIDE OF TTIE FOLLOWING
DESCRIBED CENTERLINE:
CoMMENCTNG AT Trm SOUTII QUARTER CORNER OF SAID SECTION 34 AN
ALUMINIjM CAP LS NO. 10871 IN PLACE; TIIENCE N89o52'40"E ALONG THE
SOUTHERLY LINE OF SAID SECTION 34 1143.69 FEET TO A POINT ON THE
CENTERLINE OF AN EXISTING GRAVEL ROAD TTIE TRI]E FOINT OF BEGINMNG;
THENCE DEPARTING SAID SOUTHERLY LINE ALONG SAID CENTERLINE NOO"5O'40"E
66.83 FEET TO TlrE POINT OF TERMINUS (WHENCE THE SOUTH QUARTER'CORNER
oF SAID SECTION 34 BEARS S86o32'14"W 1146.77IEET).
TOGETHER WITH A STRIP OF LAND 30 FEET IN WIDTI{ FOR THE USE OF ACCESS AND
MAINTENANCE OF AN IRRIGATION EASEMENT SITUATE IN THE SWI/4SE1/4,
SECTION 34, TOWNSHIP 5 SOUTII, RANGE 92 WEST OF THE 6TH PRINCIPAL
MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID EASEMENT LYING
15 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE CENTER EAST 1/16 CORNER OF SECTION 34, AN ALUMINI.JM
CAP LS NO 27613 IN PLACE; THENCE S0O.OI'3O"E 1156.24 FEET TO THE CENTERLINE
OF AN IRRIGATION DITCH AS CONSTRUCTED AND IN PI-ACE THE TRI,TE POINT OF
BEGINNING; THENCE ALONG THE CENTERLINE OF SAID IRRIGATION DITCH THE
FOLLOWING THIRTEEN (13) COURSES:
l. s26"54'05"W 238.30 FEET;
2. St202l', l6"W 199. 14 FEET;
3. 521"52',25 "W I 98.01 FEET;
4. 561003',20',W 137.93 FEET;
5. SO8"4O'44''W 119.09 FEET TO AN EXISTING HEADGATE AT TTIE SOUTHERLY EDGE
OF A POND AS CONSTRUCTED AI.ID IN PLACE; TO INCLUDE A 100 FOOT RADIUS
EASEMENT FROM THE CENTER OF SAID HEADGATE FOR THE PI.JRPOSE OF ACCESS,
REPAIR AND MAINTENANCE OF SAID POND; THENCE CONTINUING ALONG THE
CENTERLINE OF SAID IRRIGATION DITCH;
6. 522"38',27 "W N).27 FEET;
7. S37'13'52"W 234.68 FEET;
8. 569" 42'49"W 89. 17 FEET;
9. N83"09'45"W 52.20 FEET;
lo. s22"23',27 "E 35.07 FEET;
1 l. s6 l'52' l9"E 92.56 FEET;
12. Sl2'06'19"W 102.64 FEET;
13.526"42'58"W 24.08 FEET TO T}IE NORTHERLY LINE OF PARCEL B, THE POINT OF
TERMINUS; (wffiNCE SAID CENTER EAST l/16 CORNER OF SECTION 34 BEARS
ilililfl!ilil]ilrilt ililI ililfiililililt lllr
5721E5 O4/13/2OO5 03:32P Bl6?E P635 it RLSD0RF
12 ol L2 R O.OO D O.OO G0RFIELD C0UNTY CO
N14OO9'59''E 2500.36 FEET). SIDE LINES TO BE LENGTHENED OR SHORTENED ASNEEDED TO CLOSE WTTH PROPERry LINES.
DECLARATION OF WATER WELL USE AND MAINTENANCE
THISDECLARATIoNismade tti, ll/4 auvot ilA|'d- '
2OO5,by Edward Jacob Wilks and Maria Gloria Wilks ("Declarants") whose address is 5101 C.R'
233,P.O. Box 583, Rifle, CO 81650.
WHEREAS, Declarants are the owners in fee of those real properties described as
parcel A and parcel B within the plat of the Wilks Subdivision Exemption, Garfield County,
Colorado. Said parcel A and parcel B are referred to hereinafter collectively as "the Parcels."
WHEREAS, Declarants also are the owners of a water well ("Well") located on
parcel A and permiued under Colorado Division of Water Resources Well Permit No. 234731 fot
the domestic and inigation use of not more than three single family dwellings.
WHEREAS, by this Declaration, it is the intent of Declarants to establish a regime
goveming the joint use of the Well by the future owners ( the "Owners") of the Parcels.
NOW THEREFORE, the Declarants set forth the regime governing joint use of the
Wetl by the Owners of the Parcels as follows:
1 . The Owner of Parcel B shall be deemed to own an undivided one-third
(1/3rd) share of the subject Well permit, Well, water tank, pump, fittings at the Well head, meters
(whether existing no* o, to be installed at a later time), pumphouse, foot valves, and any pipes or
pipelines and any other structures which are jointly used'
2. The Owner of Parcel A shall be deemed to own an undivided two-
thirds (2l3rds)share of the subject Well'permit, Well, watel tank, pump, fittings at the Well head'
meters (whether existing now tr to be instatted at alatet time), pumphouse, foot valves, and any
pipes or pipelines and any other structures which are jointly used.
3. No Owner is deemed to have any ownership right in and to any pipe,
pipeline or other structure used orrequired solely by the Owner of another ofthe Parcels whichmay
otitir. any portion of the water flowing from this Well and its structures. This Declaration does not
intend to relate to such individuatly owned or used rights or structures' Nothing in this Declaration
shall be construed to give any Owner any rights to such non-shared property of the other Owner nor
to obligate any Owner to pay any costs associated with non-shared structures'
4. The Owners shall cooperate with each other at all times in all matters
necessary to promote the proper construction, completion and functioning and use of the water
systern in such manner as to provide to their respective uses an optimum water supply on demand
j a[ times possible based upon the natural availability of water. The Owners shall agree to not
waste water and to endeavor to use no more than their respective shares of the available water' At
' .I
this time it is agreed that no individual water meters must be installed. If at any time after the date
hereof, any Owner requires that meters be installed, then each of the Owners shall install meters at
their individual expense. waste or over-use shall be deemed to be a violation of this Declaration for
which the non-defaulting owner may seek remedy at law or equity for damages or for injunctive
relie{ or both. Irrigation uses shall be limited to not more than 1/3 acre of lawn and garden irrigation
on parcel B and2l3acre of lawn and garden irrigation on Parcel A. Unless otherwise agreed by each
owner, the owner of parcel B shall use no moie than one-third (1/3) of the water legally allocated
to the Well (i.e., 5.00 g.p.m.) and the Owner of Parcel A shall use no more than two-thirds (213) of
thewatertegallyattocateatotheWell(i.e. 10.00g.p.m.). Intheeventthewaterphysicallyavailable
fromthe Well is less thanthe legally available amount, then each Owner shall proportionately reduce
the consumption of same to the amount actually available. In no event shall the Well be pumped at
arate"*"""dirg fifteen (15) gallons per minuta Any household use of the Well water must provide
for retum flow througtr'ani-naividual disposal system of the non-evaporative t1pe, retuming the
water to the watershed in which the Well is located'
5. Declarants shall be responsible for the initial cost of constructing the
well system, pump house and any jointly used pipe lines. Following the initial construction, the
actual and continuing costs of opeiation, maintenance, construction, extension, upgrading, cleaning,
repairing and all othlr work required on shared components of this water system to cause the water
at the well to become and remain available to deliver water to the Owners shall be shared by the
owners in proportion to their share in the WeIl. This Declaration shall relate only to costs incurred
after the date hereof. Electrical charges for the operation of the Well shall be shared in proportion
to the water allocated to each Owner.
6. Subject to the provisions in paragraph 4 above, any owner who has
been using water from this system and at any time elects not to share in costs, necessary repairs,
maintenance, replacement and the like necessary to maintain the Well and deliver the subject water,
shall not receive water from the system. At such time as said electing Owner chooses to resume use
of water from the system said owner may do so upon reimbursement to the other user the full cost
of said owner,s shle of such expenditures with llgal interest retroactive to the expenditure date'
7. The owners agree to cooperate inthe future maintenance, operation,
repair, replacement or improvement of all common faciiities. In the event the Oumers are unable to
agree on iLny required maintenance, repair, replacement or improvement, any Owner shall be entitled
to undertake the minimal maintenan.., ."puir, replacement or improvement necessary and essential
for proper functioning ofthe common facilities. In the event an Owner determines to undertake such
workunilaterally, .,r"h O*r.r shall notifi the other owners in writing. The Owner undertaking the
work shall, upon completion, provide the other Owner with a written statement of work performed
and the other owner's proportionate share of the cost of same. In the event an owner fails to pay the
proportionate share of*V amount due within thirty (30) days after presentmgnt, the Owner which
has paid such cost and expense shall be entitled to pursue any remedy available at law or in equity'
The Court, in its discretion, may award to the pievaiting parfy Court costs and attorney's fees
incurred.
8. Declarants hereby create and reserve pernanent, non-exclusive
easements across the portion of Parcel A designated as "Well Easement" and on the Wilks
Subdivision Exemption Plat, recorded in the Garfield County Clerk and Recorder's Office with
Reception No. _ and as attached hereto and incorporated herein as Exhibit A as
n"""rrury *d rrrff"i.rt for th" benefit of the Owner of Parcels B, as a user of the Well, pump and
commonpipeline and treatment system and structures, and also create and reserve a non-exclusive
easement for non-shared or individual pipelines conveying water to Parcel B over and across said
"Well Easement".
g . Each Owner shall agree to not interfere at any time with the proper use
by any other Owner of its interest in any water structure and shall indemniff and hold harmless all
other Owners and users from any loss or damage or injury caused by the acts of said indemnifuing
owner.
10. The term hereof shall be perpetual. Notwithstanding the foregoing,
however, in the event that a well permit is issued for Parcel B allowing household uses and the well
as dritled produces two (2) or more g.p.m., this Declaration shall become null and void.
I 1. This Declaration and the convenants contained herein are intended to
and shall run with the titles to those real properties described as Parcel A and Parcel B within the plat
of the Witks Subdivision Exemption, Garfield County, Colorado, and shall be binding upon and
inure to the benefit of the Owners thereof, and their assignees or successors.
12. The laws ofthe State of Colorado shall governthe validity, effect and
construction of this Declaration.
13. This Declaration may not be modified in any manner except by an
instrument in writing signed by the Owners of each of the Parcels.
IN WITNESS
5.
WHEREOF,thisDeclarationisexecuted tnis llfr day of
l!fr,"d--,
STATE OF COLORADO
COUNTY OF GARFIELD
)
) ss.
)
. The foregoing instrument was acknowledged before me on tn F day of
h" / ,2005,by Edward Jacob Witks and Maria Gloria Wilks.
Witness my hand and official seal.
My commission expires: ,8 - a {- o 7
I5lAaE.a.a.a.a.aaa
Wvs;,:#
EXHIBIT A
WELL EASEMENT
A STRIP OF ]-AND 20 FEET IN WIDTH FOR THE USE OF ACCESS, REPAIR AND MAINTENANCE
OE A WELL AND WATER L]NE AS CONSTRUCTED AND IN PLACE SITUATE IN THE SWT/ASEI/A,
SECTION 34, TOWNSHIP 5 SOUTH, RANGE 92 WEST OE THE 6TH PRINCIPAL MERIDIAN,
COUNTY OF GARFIELD, STATE OF COLORADO, SAID STRIP OF LAND LYING 10 FEET TO EACH
SIDE OF THE FOLLOWING DESCRIBED CENTERL]NE:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 34 AN ALUM]NUM CAP LS NO.
10871 IN PLACE; THENCE N71ol-9'46"8 808.06 FEET TO THE TRUE POINT OF BEGINNING;
THENCE ALONG SAID CENTERLINE THE FOLLOWING SEVEN (7) COURSES:
1) N28"06'14"E 26.62 FEET;
2\ N78'04'26"8 782.L1 FEET;
3) N48'30'15"E 53.99 EEET;
4) N27'19'37"E 139.78 EEET;
5) N66'32'32"8 66.56 FEET;
6) N83'04'25"8 59.39 FEET;
1) N15"04'12"8 82.33 FEET TO THE CENTER OE AN EXTSTING WELL, THE POrNT OE
TERM]NUS (WHENCE THE SoUTH K CORNER OE SAID SECTION 34 BEARS, 563"45,02,W
1340.60') TO INCLUDE A 20 FOOT RADIUS EASEMENT FROM THE CENTER OF SAID WELL FOR
THE PURPOSE OF ACCESS, REPAIR AND MAINTENANCE.
I
DECLARATION
OF
ROAD AND IRRIGATION EASEMENT
AND
MAINTENANCE OBLIGATIONS
This Declaration is made ttis li% auy of M{LN)- ,zool,by Edward Jacob
wilks and Maria Gloria wilks (the "DeclaruiiJ-i, o*rrers in fee of that real property described as
parcels A and B of the wilks Subdivision Exemption, county of Garfield, State of colorado
(collectively the "Parcels")'
RECITALS
The Declarants are the owners and subdividers of two tracts of land known as Parcels A and
B, Wilks Subdivision Exemption, Garfield county, colorado and, by this Declaration, intend to
grant and dedicate rights to ttre use of a access and utility easement serving Parcel A and an
irrigation easement ,"I*ing Parcel B, to and impose on the Parcels, as covenants running with the
land, obligations to maintain the access and utlHty easement and irrigation easement as set forth
below.
il
ROAD EASEMENT
SECTION 2.01
The Declarants hereby grant and dedicate unto the owners of Parcel A, Wilks Subdivision
Exemption, their heirs, ,t rr.rJo., and assigns, a nonexclusive 30-foot easement upon' over and
across, that portio, oi P*r.l B, designut.d ut an access and utility easement on the Wilks
Subdivision Exemption Plat recorded irittre office of the Garfield County Clerk and Recorder' at
Reception No. --.-, and as attached hereto and incorporated herein as Exhibit A, for
use by the owners orttg--p*."t e, their successors, assigns, agents, employees, tenants, guests and
invitees, for a private roadway, and utitity pu{poses, (the "road easement") subject to the terms'
conditions and provisions hereinafter set forth'
SECTION 2.02
The term of the road easement herein granted shall be perpetual'
SECTION 2.03
The costs of repair, maintenance, clearing, trash removal, snow plowing, and other expenses
of upkeep and preseriation of the road.u..**t shall be the sole responsibility of the owner of
Parcel A and the costs shall be borne by such owner. Routine repairs, paving, clearing, trash removal
and snow plowing will be conducted from time to time as may be reasonably necessary'
III
EASEMENT SERVICE AREA
Use of the road easement shall be restricted to access to and from Parcel A. The road
easement may not be used for the parking or storage of vehicles or equipment. The road easement
also is subject to the dedication of a utility easement as set forth on the Wilks Subdivision
Exemption Plat.
IV
UTILITIES
The Declarants have granted on the Wilks Subdivision Exemption Plat, a perpetual, non-
exclusive easement to use the road easement for the purpose of providing utility service to Parcel
A or for the repair, maintenance, removal or replacement of said utilities. All instrumentalities,
lines, or faciliiies placed in the road easement shall be maintained in a safe condition by the
respective utility company or govemmental agency. No grantee ofa utility easement under the Wilks
Subdivision Exemption Plat shall in the use, construction, reconstruction, operation, maintenance,
or repair of any utility in any way unreasonably obstruct or delay the use of the road easement
granted herein.
v
SPECIAL USES
Under no circumstances shall access be denied to or from Parcel A over and across the road
easement for emergency vehicles, maintenance equipment, and government officials while on
official business.
VI
IRRIGATION EASEMENT
SECTION 6.01
The Declarants hereby grant and dedicate unto the owners of Parcel B, Wilks Subdivision
Exernption, their heirs, successors and assigns, a nonexclusive 30-foot easement upon, over and
u"ro.r, that portion of Parcel A, designated as an inigation easement on the Wilks Subdivision
Exemption plat recorded in the office of the Garfield County Clerk and Recorder, at Reception No-
, and as attached hereto and incorporated herein as Exhibit B, for use by the owners
"f th. p*""1 A, f"r transportation of inigation water and maintenance of the easement, subject to
the terms, conditions and provisions hereinafter set forth.
SECTION 6.02
The term of the irrigation easement herein granted shall be perpetual'
SECTION 6.03
The costs of construction, installation repair, maintenance ofthe irrigationpipeline and other
expenses of upkeep and preservation ofthe inigation easement shall be the sole responsibility of the
owner of Parcel B and the costs shall be borne by such owner.
VII
SUBSEQUENT OWNERS
The easements granted herein are appurtenant to the respective Parcels in the Wilks
Subdivision Exemption and such easements may not be transferred, assigned or conveyed apart or
separately from thi land underlying the respective Parcel which benefits from each easement'
All provisions of this Declaration, including all benefits and burdens, shall run with the
respective parcels subject hereto and shall be binding upon and shall inure to the benefit of the heirs,
assigns, successors and personal representatives ofihe Declarants, subject to the provisions hereof'
vIII
ENFORCEMENT
This Declaration and the terms, conditions and provisions hereof may be enforced by the
owner of either of the parcels, their successors and assigns, and in the event legal proceedings are
brought against any party for the purpose of such enforcement, the prevailing party or parties shall
recover from the oon-prluailing party or parties all costs associated therewith, including, but not
limited to, reasonable attorney's fees.
The owner of each parcel agrees that, upon request of any of the other owner, it will certify
from time to time to any person designated whether there are any breaches of this agreement' If any
party fails to respond to such a request within ten (10) days of the date of the request, any existing
t."uct of the Declaration shall be deemed waived by the non-responding party'
IN WITNESS WHEREOF, the Declarants have executed this Declaration as of the
day and year first
STATE OF COLORADO
COUNTY OF GARFIELD
)
)ss
)
I
The foregoing instrument was acknowledged before me on tltrs // - day of
, z6os,-by Edward Jacob wilks and Maria Gloria wilks.
Witness mY hand and official seal'
MY commission exPires: ?- a E- o7
ffiq.a
Wvs;#
EXHIBIT A
ROAD EASEMENT
A STRIP OE LAND 30 FEET IN WIDTH FOR THE USE OE ACCESS AND UTILITY EASEMENT
SITUATE IN THE SW1/4SEI/ , SECTION 34' TOWNSHIP 5 SOUTH' RANGE 92 WEST OF THE
6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD' STATE OE COLORADO' SAID EASEMENT
LYING 15 FEET TO EACH SIDE OE THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 34 AN ALUMINUM CAP LS NO'
10871- IN PLACE; THENCE N89"52'40"E ALONG THE SOUTHERLY LINE OF SAID SECTION 34
1143.69 FEET TO A POINT ON THE CENTERL]NE OF AN EXISTING GRAVEL ROAD THE TRUE
POINT OF BEGINNING; THENCE DEPARTTNG SAID SOUTHERLY LINE ALONG SAID CENTERLINE
NOO"sO'40'E 66.83 EEET; TO A POINT ON THE SOUTHERLY LINE OF PARCEL A' THE POINT
OF TERMINUS (WHENCE THE SOUTH QUARTER CORNER OF SAID SECTION 34 BEARS
586.32'14"W :-146.17 FEET) SIDE LINE TO BE LENGTHENED OR SHORTENED TO CLOSE UPON
THE PROPERTY LINES.
EXHIBIT B
IRRIGATION EASEMENT
ASTRIPoFLAND30FEETINWIDTHFoRTHEUSEoEACCESSANDMA]NTENANCEoFAN
rRRrcATroN EASEM;NT srruATE rN rHe sw:*/Asll/4' sECTroN 34' TowNSHTP 5 sourH'
RANGE 92 WEST OE THE 6TH pRrNcrpai oarnrDrAN' COUNTY OE GARETELD', STATE oF
coLoRADO, SOIO ,oi"lrurot i'vrNe rs--runt TO EACH Sron or THE EOLLOWING DESCRTBED
CENTERLINE:
COMMENCING AT THE CENTER EAST 1/16 CORNER OF SECTION 34' AN ALUMINUM CAP LS NO
2'7613 rN PLACE''r*'*l' s00oo1':ois rrso'24 FEET To rHE CENTERLTNE OF AN
IRRIGATIoNDITCHASCoNSTRucteo-asoINPLACE;THENCEALoNGTHECENTERLINEoE
SA]DIRRIGATIoNDITCHTHEFoLLoWINGTHIRTEEN(13)CoURSES:
1. 526"54',05"w 238.30 EEET;
2. Sl20 2:-', 16-W 199. 14 EEET;
3. 527" 52', 25',W 198 ' 01 FEET;
i: :31"?3;12',i,Yrl1'r.33 i::l'ro AN ExrsrrNc HEADGATE Ar rHE sourHERLY EDGE oF A
POND AS CONSTRUCTED AND TN PLACE; TO INCLUDT E iOO FOOT RADIUS EASEMENT FROM THE
CENTER oF sArD HEADGATE FOR THE PURPOSE O" acc"is' REPATR AN?-YAINTENANCE oF
SAIDPOND;THSN.NCONT]NUINEEIOIICTHECENTERLINEOESAIDIRRIGATIOND]TCH;
6. 522"38',27"W 90.27 EEET;
1 . 53? " 13', 52',W 234.68 EEET;
8. s6g" 42' Aguw 89.17 FEET;
9. N83009'45"W 52'20 FEET;
10. s22" 23', 2'1 "E 35 ' 07 EEET';
11. S51'52',r9"8 92.56 EEET;
::=. ZL'u".22','rZ',,X l!i;StrlEl'io ,*, N.RTHERLY L,NE oE PAR.EL B, rHE PorNr oE
TERMINUS;(WHENCESAIDCENTEREASTl/16CORNEROFSECTION34BEARSNl4O09'59"E
2500.36FEET).SIDELINEsTosELENGTHENEoonsHonTENEDASNEEDEDToCLoSEWITH
PROPERTY LINES.
DECLARATIONOF'PROTECTIVECOVENANTS
WILKS ST]BDIVISION EXEMPTION
Garfield CountY, Colorado
THIS DECLARATION OF COVENANTS is made and entered into by Edward Jacob Wilks
and Maria Gloria Wilks on the day and year hereinafter set forth.
WITNESSETH:
The undersigned, owners in fee of that real property described as Parcels A and B, Wilks
Subdivision Exemption, Garfield County, Colorado, desire to subject and to place upon said real
property certain covenants, conditions and restrictions set forth herein, for the purpose of protecting
the value and desirability of said property, for purpose of furthering the development of the property
and in order to comply with coniitions of approval of Garfield County for the Park Subdivision'
NOW, THEREFORE, THE IINDERSIGNED hereby declare that Parcel A and Parcel B,
Wilks Subdivision Exemption, shall be held, sold and conveyed subject to the following covenants
and conditions:
ARTICLE 1
Pets
Not more than one dog of any age or breed shall be kept upon a Parcel at any time' When
outside, all dogs and other pets shallie Ieashed or restrained within an enclosure. In the event this
covenant is violated, the oivner in the Parcel not in violation may take such action as is reasonably
necessary to correct the violation, including injunctive relief for the removal of any pets creating a
violation of this covenant.
ARTICLE 2
Fireplaces
No open hearth, solid-fuel fireplaces will be allowed on any of the Parcels. One (1) new
solid-fuel buming stove, as defined by C.R.S.$ 25-7-401, et seq., and regulations promulgated
thereunder, shall be permitted in a dweiling unit. Dwelling units shall be permitted an unrestricted
number of natural gas or propane buming stoves and appliances.
ARTICLE 3
Liehting
AII exterior lighting on either Parcel shall be the minimum reasonably necessary for the safe
use of the premises, and to the extent possible, all exterior lighting shall be directed inward and
downward and toward the interior of the respective Parcels, except when absolutely necessary to
provide for safety lighting on the premises'
ARTICLE 4
Agricultural Living
Colorado is a "Right-to-Farm" State pursuant to C.R'S' $ 35-3-101, et seq' Landowners'
residents and visitors *.rrib. prepared to accept the activities, sights, sounds and smells of Garfield
County, s agricultural operations as a normal *d n.""ttury aspect of living in a County with a stong
rural character and a healthy ranching sector. All must be prepared to encounJer noises, odor, lights,
mud, dust, smoke, chemicals, machinery on public roads, livestock on public roads' storage and
disposal of manure, and the application by spraying or otherwise of chemical fertilizers' soil
amendments, herbicides, and p"Ji.id"r, *y on! oi.nor" of which may naturally occur as part of a
legal and non-negligent agricultural operations'
AII owners of land, whether ranch or residence, have obligations under State law and County
regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds,
keeping livestock and pets under control, using property in accordance with zoning, and other
aspects of using and maintaining property. Residents and lrandowners are encouraged to learn about
these rights and responsibilitiei and u.i u, good neighbors and citizens of the county' A good
introductory .o*""1o, such information is 'IA Grrid" to Rural Living & Small Scale Agriculture"
put out by the colorado State university Extension office in Garfield county'
ARTICLE 5
Water and Landscaping Restrictions
Use of water by parcels A and B under Colorado Division of Water Resources Permit No'
No. 234731 shall not exceed that identified in the Permit and the water well community Sharing
Agreement of even date and recorded in the Office of the Garfield County Clerk and Recorder'
ARTICLE 6
Conditions of Countv ApProval
The use of all parcels shall be in strict accordance with the conditions of approval ana f!!
restriction contained in the county Resorution approving the wilks Subdivision Exemption' All
ownerc of parcels shall use and occupy their respective Parcels in conformity with all governmental
re gulations apPlicable thereto.
ARTICLE 7
TheownerofeachParcelshallperformontheindividualsewagedisposalsystemservingthe
parcel such routine maintenance and r"pui, as is sufficient to allow the system to perform in good
working order, incluJing, but not limited to, pumping the tank every two (2) yea"rs'
ARTICLE 8
Fire Protection
Addresses shatl be posted where the driveway intersects the county road' Letters shall be a
minirnum of a inches in height, % inches in width, and contrast with background colors'
Drivewaysshallbeconstructedtoaccommodatetheweightsofemergencyapparatusin
adverse weather conditions'
Combustible materials shall be thinned from around structures so as to provide a defensible
space in the event of a wildland fire'
Theundersigneddeclarethemselvestobeanunincorporatednon-profithomeowners
association prrrrr*ito the Colorado Uniform Unincorporated Non-Profit Association Act' known
as the wilks Subdivision Exemption Homeowners Association for the purposes herein stated' The
wilks Subdivision Exemptio'Ho*"o*.rs Association shail be responsible for enforcing these
protective covenants. If however, the Homeowners Association fails to take action, these covenants
and the terms, conditions and provisions hereof may be enforced by the owner of either of the Parcels'
their successors and assigns. tn the ",r"rrt
legal proceedings are brought against any party for the
purpose of such enfor.".nznt, the prevailing p;ry ,hull ,."or.r from the non-prevailing party all costs
associated therewith, including, but not timiteA to, reasonable attomey's fees'
ARTICLE 10
Governing Law
This Declaration shall be construed and govemed under the laws of the State of Colorado'
ARTICLE 9
4
ARTICLE 11
Severabilitv
Each ofthe provisions ofthis Declaration shall be deemed independent and severable' and the
invaridity or ,nenforceability or partial invatidity or partiar unenforceability of any provision or
portion hereof shall not affect the validity or enfoiceability of any other provision'
ARTICLE 12
Term of Declaration
unless amended, each and every term, covenant, condition and restriction contained in this
Declaration sha[ run with and bind the i*J, *a sharl be effective for a period of fwenty (20) years
after the date this Decraration i, ,..ora"i, and thereafter shall be automatically extended for
successive periods of ten (10) years each, but may, at any time, ut Tl:".d:d or terminated by
unanimous vote of the owners of each oi,t
"
parcels -*itttilti't Wilks Subdivision Exemption' with
the approval of the Board of commissioners of Garfield county, colorado as to those terms of this
Decraration required by the Board of commissioners of Garfierd county during the subdivision
exemption aPProval Process'
ARTICLE 13
Binding Effect
This Declaration shall be binding upon and inure to the benefit of the Declarants and their
successors in interest and ownership of p"arcers A and B, wilks Subdivision Exemption , and to any
person or entity having any right, titre or interest in either of said parcels, or any part thereof, their
ir.irs, personal representatives, successors and assigns'
IN WITNESS WHEREOF, the undersigned hereby state and declare that the foregoing
Decraration of protgctive covenant, ro. trr. wilks subdivision Exemption shall be effective this
ll-:C oi ilWo-t'- ,zoos.
'lt auyof l'|ft*t t- ,2005'DATED
Edward
,/
\-
t
STATE OF COLORADO
COI-INTY OF GARFIELD
My commission exPir"t, ?- > r'a 7
)
) ss-
)
rTheforegoinginstrumentwasacknowledgedbeforemeonthis,l^:-)'- /_' ",2oo5,by Edward Jacob wilks and Maria Gloria wiiks.
Witness mY hand and official seal'
.,k
//" day of
ffitil}
tii.*.t,.'.".:ieS;;';ad
Illlil llil lllllil llil illiltllllll lllu|l] u-lul'6bEdsttlo/zsnsss 04;26? B173s P112 lt RLSDoRF
1 of 8 R 41.oo D o.Oo GRRFIELD COUNTY C0
EASEMENT DEED AND AGREEMENT
(Temporary Construction Easement)
This Easement Deed and Agreement is entered into by and between Edward J' Wilks and
Maria G. wilks, whose "-ddr"r,
is 5l0l county Road 2_]3, Rifle, colorado- 81650
(referred to in this egr".*.nt as "Wilks") and the Silt Water Conservancy District
whose address is P.O.-Box 8, Silt, Colorado8t652 (referred to in this Agreement as the
"District").
RECITALS
l. wilks is the owner of certain real property located in Garfield county, colorado,
more particularly described on Exhibit A (refened to herein as the "Wilks Property'')'
2. The District manages and administers the Silt Project, under which water is supplied
to customers within the DiStrict's service area. The District also manages and
administers the delivery of water to shareholders of Farmers Irigation Company
("FICO").
3- Wilks is a shareholder of FICO. The District delivers water to Wilks via a water
conveyance structure known as the "WeSt Lateral." Water from the West Lateral is
delivered into a smaller lateral ditch (referred to in this Agreement as the "Lateral
Ditch") that traverses the Wilks Property as shown approximately on Exhibi,lB, from
which Will$ and other FICO shareholders divert the water delivered by FICO and
through which the District also delivers Silt Project water'
4. The Districd ako operates a water conveyance structure known as the "Pump Canal,"
the location of which is shown approximately on Exhibit B. The Disrict desires to
improve its water delivery system by creating the capability to deliver water from the
pump Canal into the West Lateral. Specifrcally, the District desires to replace the
Lateral Ditch through the Wilks Property and other properties with a
-pump
station
and buried pipeline-that will be capable of delivering water into the Lateral Ditch
either from the West Lateral or from the Pump Canal for delivery to water users along
the West Laleral,the Lateral Ditch and the Pump Canal'
5. The District has requested an easement from Wilks for the pump station, associated
powerline and the pioposed pipeline and Wilks's approval to replace the Lateral Ditch
with the pump tt"iioo and pipeline, and Wilks is willing to grant such approval and
convey such an easement
-according to the terms and conditions set forth in this
Agreement.
Now therefore, for good and valuable consideration the receipt and sufficiency of which
is hereby acknowleiged, and in consideration of the mutual promises expressed herein,
the Parties agree as follows:
prease Return To:-C"toi", Houpt & Hamilton,P.qT"l
1204 Grand Avenue :.
Gtenrvootl t,ilii" "o st6ol /il(,/
Imil lllil l]lltr]il il tnlutllllllll [_l LU'e[soUdi'oi zi'Iioss' ot, Zep srzag P113 I'l RLSDoRF
l-;i-a n +r.so D o-oo GARFIELD couNrY c0
Easentent Deed wd Agt'eenrcttt
H/ilk/Silt ll'ater Cons' Dist'
Page 2
DEED AND AGREEMENT
6. Wilks hereby authorizes the District to replace the existing Lateral Ditch with a
pump station uJ Uuried pipeline. capabli of delivering water from the Pump
canal to the wrril,ui"ot oi iro- the west Lateral to the Pump canal.
7. Wilks hereby Sells, conveys, and quitclaims to the District, its successors and
assigns, u ,.rnpo*?y "*".i.na f9r .the
construction and instatlation of the purnp
station, ur.o.i.trJ'io*Ji". and pipeline. This temporary easement shall be.40
feet in width .1";;![; uiig"*tn, ;f th. pipeline, loc3]d-as shown approximatelv
on Exhibit B, and of the dimensions rt i*n on Exhibit B for constnrction of the
pump station, aJ shall include a right of reasonable access to the easement area
across the Wilksifit"r ih, pipJtin"thall be buried within a tench excavated
within the construction easement. rt. pr*p shall.be powered elecnically, and
the station shall be enclosed within a pumphou-s1 w.tric! ihatt be constructed using
high density insutation to minimiz. *it.. Following installation of the pipeline'
the land surface rt ull u" restored to its approximate pre-construction grade'
g. promptly after completion of the. pump statio-n, powerline and pipeline' the
District shall cause the actual, as-built location of thepump statiol' powerline and
pipeline to be surveyed. The zurveyed location shall be attached as an exhibit to
the Permanent Easement Deed attached hereto as Exhibit C, which Deed shall
then be execut;ttt wiks and recorded by the District, thereby replacing the
temporary constnrct'lon easement conveyed herein with a permu*1l"T::ltlt fot
the operation, maintenance, repair ani replacement ol the pump station and
pipeline.
g. All construction work shall be performed in a workmanlike manner by or under
the supervision of the District und at the sole cost and expense of the District'
10. The District shall hold harmless and indemnify wilks Pt *y injuries to.persons
or properry r.rrl i"g f;o,o ,t . exercise of the easement rights granted herein'
I l. The easement conveyed herein is for the benefit of the District' This Agreement
touches and concems the Wilks Property and shall run with title to the Wilks
property. fn. i.*t und provisiont of thit Agreement shall be binding uPon the
Parties, their successors and assigns'
SWCD-Construction easement decd-Wilks
rnnrlllllllll lm il lnllilu utlttll ltltL[t
bbsddt-rilZi-Izidss sc zoP 8173s P114 l'l ALSDoRF
i of 8 R 41.00 o o.OO GRRFIELD C0UNTY C0
couNrY o, #q, rt \*
Acknowledged, subscribed, and swom to before me this i*au1 ot
2005, by Edward J. Wilks and Maria G. Wilks'
Eusemant Deed and Agreenent
Wilks/Silt Water Cons. Dist'
Page 3
TN WITNESS WHEREOF the parties have executed this Deed and Agreement on the
dates set forth below.
STATE OF COLORADO
WITNESS my hand and official seal.
My Commission ExPires: 9-Ss'oT
SILT WA CONSERVANCY DISTRICT
By:
STATEOFCOLORADO )
) ss.
COLINTY OF (l.rartrJ )
Acknowledged, subscribed, and sworn to before me this -1.1t}- day of Oc{oba,'r,
2005, by Norman H. Hunt.
WITNESS mY hand and official seal'
Mv Commission Expires tlzz,lot
ffirnr
.a.. !o
ffitt'#
SwCD-Construction cascmcnl tlccd'Wilks
Edward J. Wi
LHUL!I,r,r.!,1U,UrlJlullll!|lltllllllilruLFlr;:;; i'4i.bo-D-o.oo oRnrrELD courrY c0
EXHIBTT A
To Easement Deed and Agreement
Wilks/Silt Water Conservancy Disrict
AparceloflandlocatedinG-arfieldCounty,stateofColorado,morespecifically
described as I.iwl/4SE1/4, S1/2SE^1[i"",io' i4, Township 5 souttr' Range 92 West of
the 6s p.M. EXCEPTING tUrr"ao* tU"t portiou to*y"d in deed recorded Book 541
Page 190;
Now known as: Parcels A and B, wilks Subdivision. Exemption, according to the plat
recorded March 22, 2OO5 ^ d#; N;:i;a;2 in G records of the clerk &
Recorder for Garfield County Colorado'
r lllil ililt ll[il lillt ill] tilllt il l]lt ]il Llr6854$ LO/23/2OO5 O4:26P 81739 P116 l'l ALSDORF
5 of 8 R 4t-OO D o.OO GRRFIELD COUNTY c0
I
:' Aonroximate
Pftiperty Lines
t;*-..-
.r.
34q,;;€
lt
.'tx "} r,h E:#]*
NOTE: All PiPeline, Access, and Powerline eascm'en6
\.
to be qof in wid6.
Lerry & GlGndr. Speut@
APPROXIMATE LOCATION OF TEMPORARY
CONSTRUCTION EASEMENTS
SILT PUMP CANAL/
WEST I,ATERAL INTERCONNECT
PREPARED FOR SILT WATER
CONSERVANCY DISIIICT
t.,
,i I'r,, l
T,I
f
*
7{ff,
IrlrH{fi
ilil!il !il!ilil1t tlll;ilil tillillt ilil ltil tilr
685093 LO/25/2OOS O4z26P. 81739 P117 I't
6 of 8 R 41.00 D O.OO GRRFIELD COUNTY
Exhibit C
EASEMENT DEED AND AGREEMENT
(Permanent Pipeline Easement)
This Easement Deed and Agreement is entered into by and between Edrvard J. Wilks and
Maria G. Wilks, whose address is 5l0l County Road 233, Rifle, Colorado 81650
(refbrred to in this Agreement as "Wilks') and the Silt Water Conservancy District,
whose address is P.O. Box E, Silt, Colorado E1652 (referred to in this Agreement as the
"District").
RECITALS
l. Wilks is the owner of certain real property located in Garfield County, Colorado,
more Particularly described on Exhibit A (referred to herein as the "Wilks Propeffy').
2. Wilks and the District have previously entered into an Easement Dced and Agreement
recorded in the records of the Clerk and Recorder for Gartretd County, Colorado at
Reception No.
-,
(referred to herein as the "Previous Agreement")
by which Wilks conveyed to the District a temporary construction easement for the
installation of a pump stafion, powerline and water pipeline. The Previous Agreement
contemplates that when installation of the pump station, powerline and pipeline is
complete, the as-built location of the pump station, powerline and pipeline will be
surveyed and Wilks will convey to the District a permanent easEment for the
existence operation, maintenance, repair and replacement of the pump station,
powerline and pipeline.
3. Installation of the pump station, powerline and pipeline has been completed and the
as-built locations of the pump station, polverline and pipeline have bien zurveyed,
and the parties hereto desire to replace the temporary constnrction easement with a
permanent easement for the pump station, powerline and pipeline under the terms set
forth herein.
Now therefore, for good and vatuable consideration the receipt and sufliciency ofwhich is acknowledged, and in consideration of the mutual promises expressed herein,
the parties agree as follows:
DEED AI\TD AGREEMENT
4- Wilks hereby sells, conveys, and quitclaims to the District, its successors and assigns,
a perperual, non-exclusive easement for the existence, operation, maintenance, repairand replacement of the pump station, associated powerline and water pipeiine
installed and in place in the location shown on Exhibit B attached hereto. The
easement for the pump station, powerline and pipeline, and access thereto, shall be of
RLSDORF
c0
ilililililt illllllllllllll mlffill lll lllll llll Ll_ll
6E5093 \O/2]E./2O95 O4':26P 81739 P118 t'l RLSDORF
7 oJ E R 41.00 D O-OO GRRFIELD COUNTY Co
5.
6.
Euseuent Deetl and Agrccilrctrt
( Peruunent Pipeline Eosenrcnt)
lltilk:;iSiIt ll'oter Cons. Dist.
Puge J
the dimensions shown on Exhibit B hereto. The easement along the alignment of the
pipeline shall be 30 feet in width, as shown on Exhibit B. Both easements shall
include reasonable rights of access to the easement areas across the Wilks Property at
such other locations as the Parties may mutually agree upon.
The District shall exercise its rights of access granted herein solely for purposes of
operation and maintenance of the pump station and pipeline. Whenever possible, the
District shall access Tumout 2 from the north, to minimize travel through the Wilks
Property. Operation of the pipeline through the Wilks Property shall be limited to the
period benveen April I throughNovember l.
The District agrees that the pump will be powered electrically, and the pump station
shall be enclosed within a pumphouse, which shall be constructed using high density
insulation to minimize noise.
7. Upon complete execution and recording of this Agreement, the temporary
construction easement conveyed to the District in the Previous Agreement shall be
extinguished.
8. All operation, maintenance, repair and replacement work associatd with the pipeline
shall be performed in a workmanlike manner by or under the supervision of the
District. All costs associated with such work shall be borne by the District
9. The District shall hold harmless and indemniff Wilks for any injuries to p€rsons or
property resulting from the exercise of the easement rights gxanted herein.
10. The easement conveyed herein is for the benefit of the District. This Agreement
touches and concems the Wilks Property and shall run with title to the Wilks
Property. The terms and provisions of this Agreement shall be binding upon the
Parties, their successors and assigns.
I lllill llllt illilt lllll [ul ull] |!|.lllltuLul
birsZiit-lo/zirisos o4:26p 8173s Plls ll RLSDoRF
E of 8 R 4t.OO D O.OO GARFIELD C0UNTY C0
Eostnwtt Daeil und ,lgrceautt
I Pe,ruu n c n I Pip c I i n e Easencn I )
ll'ilk;/Silt lYutr C'ons. Dist.
Pugt 3
Edward J. Wilks
STATE OF COLORADO )
) ss.
)
IN WITNESS WHEREOF the Parties have executed this Deed and Agreement on the
dates set forth below-
Maria G. Wilks
COUNTY OF
Acknowledged, subscribed, and sworn to before me this
2005, by Edward J. Wilks and Maria C. Wilks.
WITNESS my hand and official seal.
My Commission Expires:
Notary Public
SILT WATER CONSERVANCY DISTRICT
By:Date:
Norman H. Hunt, President
STATE OF COLORADO )
COUNTY OF
) ss.
)
Acknowledged, subscribed, and sworn to before me this
2005, by Norman H. Hunr.
WITNESS my hand and oflicial seal.
My Commission Expires: _
Notary Public
F \Wor I Das\2fi) 5\20i) S Dor:s M -ASWCD- pemnncnt caqcrnent dccd- Wi tks.dor
dav of
day of_-,
I lillt lllll lllllll lll llllll llll llltil lll ..,.r llll lll
59484E O3/27/2OOG 03:56P 81783 P661 n nLSD0RF
1 of 7 R 36.00 D 0.0o GERFIELD C0UNTY C0
PRODUCERS 8&PAID UP
AGREEMENT. Mrdc md cnrqcd into thc
OILAND GAS LEASE
day of 2q.,t05-, by md bctwr
Edword J. Wilks end Merle G. Wilkr
wh$postolliccrddH3is - 5l0l CoufttyRord233.Rifle.COEl650-91I0 hminaftcrqllcdLe-
Anollo I'.nerw- f -f ,(-sq (whcficr mc or morc) md
is '155? Ooden Strct. Suite3(Xl. Dcnver. CO 80218
.whre post orlicc rddr63
hcinaftcr cellcd [sre:
WITNESSETH, Thrt thc Lrssor, for ud in considcretion c8h in hrnd
paid, thc rcGiDl of which is hcrcby rckmlcdgcd, md lhc coHmts md agfficnts hccin!frd contrincd, hE grutrd, dcmised, lcrscd, and lct,
md by ths pKnts dc trat, dmirc, lcm, rnd la uclusivcly unb ttc arid t $e, thG hnd hcrcinrfrs dcscribcd, with thc crclwiw right
for tha purpGc ofmining cxploring by gcophysicrl rnd olhtr mcthods, rnd opcrrting for rnd producing thcnfrom oil and all gcs of wh.l'ocvcr
nrtuE or kind, spccificllly including culbcd mclhrm md uy md all subBrs6 produccd in ssociation thficwith &m coal-bcring
formalions, wi& riEhb of way and cacmdl! for laying pipc liE, od cHtion of structuars 6crcon to produe, swq ud takc crc of uid
Foduds, all lh8t ccrbin tr8cr of lend sihrEtcd in thc County of C8rfirld, Strtc of Colorsdo, dGnihcd !3 follow3, tGwit:
Township 5 South. Ranee 92 Wesr.6h P.M.
Section 34: NWSE, S2SE
EXCEPTINC therofrom that portion conveyed in deed recorded in Book 54 I at Page 190
SEE EXHIBIT"A" ATTACHED HERETO AND INCORPOMTED HEREIN BY REFERENCE
togcthct with any rcvcrimary rights thcrcin, md togctha witt lll strips or pGh of lsnd, (not, hmvq, to bc conrrrucd tr includc prMls
conprising a tc8ulil 4o-rcrc lcgal subdivision or lo( of rypmximtcly @rcpoading sir) rdjoinint or contitsu3 io $c abovc dBcribcd hrdild oHcd s cldmcd by Lssor, and cotrioitring 75.51 ercs, morc ol lB3.l. h is agrccd 0laa this lcts€ shdl rcmain in foEc for 8 tcrm of thr. (3) ycrn from lhis dorc md !! lont thcrc!f,g ar oil or gu of
whaBocvcr nsturc or kind, spccifrcdly including oalbcd mclhirc ed uy md rll substlD6 produed in ssocition thmwith from mal-
bcsrinB fomtiors, is ptoduccd from said lcased pmiscr or on lmrgc polcd thcrcvith, or drilling ope0tions e mtinucd !s hcEinlnd
pmvidcd. lf, ,t lhc qpkalior of 0rc primary tcm of this lc8c, oil or gss is not being produccd on thc lc{scd prcmho or on r$cagc poolcd
thcwith bot Lrsc is lhcn m8!8cd in &illing or rcworking opcratims thcmf. thcn this lcc shrll continw in forcc so long u opcnri6m m
being continlruly prGcculcd on thc lcred pmi:r or o mlgc pmtcd lhcrfliah: ud opartiqs shall bc considcrcd io bc mrinuously
proccutcd if_no morc he nincty (90) diF shEll clap* bctH thc @mplctim o, abmdsmcnt of onc rryrll md rrrc bcginning of opcrxions foi
thcdrillingoftr3ubscquentwcll. lfaftcrdismvcryofoilorgasonsridlmdconmrcagcpoolcdthcrcwitt,thcpmdxtionthcrcofahouldca8c
ftom uy causc !fttr lhc prim!ry rcrm, ahis lcE shrll not lcmindc il Lsru mmmcns dditiod drilling q rmrking opsarionr withinnrncry(90)dslsfomdalcofcssatiorofpmductionorftomdlacofomplcrionofdryholc. Ifoil qgasshallb€discovadrridpmarcdcr
rcsult of sffh opcnlionr !t s lnct thc qpintion of thc pdnary tm of fiis lcsc, this lcrrc shall imtinw in forcc m lo4. rs oil u gre is
produccd from rhc lcrscd prcmisG or on acrugc polcd ftcrcwith.2. This is r PAIDUP LEASE. ln onsidcrrtion of ttc down cuh ;Eymcn! L63or agrc thlt tas@ shrll not ba obligrlcq Bept aolhwisc Providcd hcrcin, to commoe_ot @nainuc lny opcratims du]itrB ihc primry tcm. Lsse may tt sy timc or liffi dririn3 or affa rhcprimary tcm sumoder this laatc s to rtl oI my ponim of rid land ard as o my strata or srarum by d;livcrin! to Lcsor or by lltiig hr |urd
a rclcoe or rclcccs, lnd bc rclicved of dl obligd.ion thmftcr ecruing 13 to thc rcHgc suncndcrcd'.
3. ln considcntim of $c pmis6 thc iaid Irs cwaulr rtrd rgEi:l'. To dclivcr o rhc cEdii of L6sr,trc of coct, in rtrc pipclinc to which tasrc my mnncot wlls m 3rid hnd, rhc cqual m6
cighth (l/t) pod ofdl oil produc€d ed srvcd from thc lcascd prcmi*s.
. 2d To pav Ues fq Bs of whttsGvs nr$rc or kind (with lll of iE conctitlnrs) poduccd ud sld or u$d orf thc l@dpmis, ot uscd in lhc mmufccturc of producb ilErcfrom mc€iBhfi ( Ut) of thc adurl mui riccivcd by thc lscq jrid Ptrymcnts to bc
madc mu6ly.
4. Duting .ny Friod (whcthe. bcfore or allq crpintior of $c primsry tlm hqEf) wltcn glJ is noi bcint so sld d ugad &ld thc qcll q
wclls m shut in od thcrc is no ffitgoductim of oil or opcrtrions m srid lcocd prcmlsco suifticimt to tei rhb lcas6 io forcc, lrss€ shlllpayor tEds ! rcyslty of Onc Dollar (S1.00) Pq yo pcr nct royally rcrc rcirincd hcnundc, suci paymmr or tcndcr to bc mrdc onor bcforc $cmnivcB.ty dttc of lhis lsc ncxt cmuing rtlr thc cxpiruion of nircty (90) drys ftorn ilrc daiciuch wll is 3hut in ard rhmftcr o thcmnivcrary ddc of-this.luc during lhc_ prriod such ntll ir shrn in, to thc myrhy o*nm. Whm such prymcnt or trndcr is mrdc, it will bccorlridcEd thar gls is bciry produccd pithin thc mcaningofthc cntir! tcrsc.5 lf said L6$r oms ! 163 imcrcst in lhG rbovc dcscribcd lud thu thc atirc rd udivided fcr simplc 6tttc drrcin, tha Oc roytltia(includinB any shuLin gE reyalry) hctcin prcvidcd for shau bc paid [E to thc [rssr only in thc proportim ivhich Lcm's intcrcst bcl6 to thcwholc ud undividcd fcc.
- 6 tdw shall hilc thc ri8hi ao ur, fE of cosl, gB, oil, ed wrlcr produccd m said lmd for t6cc's opcrrtion th6c(n, uccpt wtsfrcm thc wlls of Lca3o..
7. Whar rcqGtcd by Lcssor, tlsscc shrll bury Lcsscc,r pipcline bclw plow depth.l. No wtl shlll bc drillcd narcr thu 200 f6l b ttrc houic; brm nw on srid jrcmiscr withut winm mt of Lc$u.9. LEw shrll pry fu dmrgca ffd by l.,csg's oFntim to grewitrt mP3 m slid lmd.10. lts shall havc thc rilhl rt Eny timc to rcmow all mrclriruy uo-nxnircs phed tr slid pmi$r, inctuding thc right io dru mdmovc caint.
I l. Thc rights of [6sd md lss lmundr may_ bc rsigncd in yholc, or prft No chmgc in ommhip of Lcsm,r intcr (byGignnat or othwise) shall bc binding oll Lsscc unti[ [,csacc h-s bcn fimithcd ;ilh n"li*, ;;iril;;i;;iiica 6pio of dt rmriJinilrumrnts q dGummts md othcr iDfmdion neslry to Gtrblbt a mplcc chlin of *.*a riti" ru, Itror, md thcn onb wiltl BFct !oPirncnBlhcmnrrmrdc. Noothcrkindofnoticc.whclhrrrc'olrtorconstuctiyc,shdlUcuinOingonGie.--xop.rato:nnrcdiyisiooof
lf:l:: Y-llt:-l9slryIryTlry or.pcmlr.ofsid lud sh.ll oFnrc to c;luBc rhc obrigiions u dimini;'rhc rishts of Lc'scc. cnd dtHw'sopemllmmEybGcoductedwitbotrcBudaomyruchdivirion. tfrltouyprnofrhislceicEsigncd,nolcaicholdowEshlll bclirblc for my ra o omissim of my otlE lcrschold owns.-
--l.1,yT:.J1,P 9pl9"tit.h:fP qiY th€ ritht md powcr_lt ay rim rnd am timc io rimc !3 s EMint rishr, cirhcr bchrc or afiap@uclroo' ls b lll or my pul of thc lmd dsqibad-hmin.lrd c to rny onc or mm of thc formatiors ,rrcrindil, 10 pool or uoiliz! thclcachold GsElc and ihc minml 6l!tc coY* by thi! lre with otha la4 tcasc, or lcrscs in trc irr.o-i"L'"ioinity r, thc pioductim of oilsd t8' d sPlntcly rn thc ptoduction of cithq,shm in- Lascek judgmmr it ii nccc*rary u advis;;6;!" ; ,;d ircpJctw oi wr,ctqrulhqily 3imil!. to lhis cxistt wilh Epcct to Judt othtr lm4 trui, oitas. utwisc,-uirslrcvowii ro-ir ro irctudc fomgtio* notproducilBoil orgtsmlvbctcbtmdlocrcIudc.such-nm-productngrinlriffi. nco-ini--nrro-i"!ir-yJrt,rrr.nucccconplirtodbyLessE crrcutin8 ,nd filing of rccord r dcluilion of srrtr unitiznioo or rcf6nllion, which-dcclraim it rtt ai"olt" oc -h. Ary unit my
?71
3q,
7
It:,,,
I lllil ilil |ffiil lll lllll llll lllll lll ffi llll lll
694848 O3/27/2OOB 63256P Bl?Es P652 l'l f,LSDoRF
2 of ? R 36.00 D 0.00 GflRFIELD CO${TY C0
inctudc led upof, which E wll hs lhcrcbfon bccn comPlclcd u upoo which opcmtios fd drilling.htw thcrctoforc bctil mffid'
producrion, driling. o, ,.*o*ine o;;i;;;;;;;ii';h*; ;.i *n dr, *riii ,irvhcrc on r unir which indudB dl of 8 pltr of lnir lc6c
shelt bc rralcd r ilir wrc production, drilling or r€mrting.opcrrrior ir';;;iii Jit in r' *nt of ! mukc lndcr this lctsc' ln licu of ttt
rov'lt.s cl*vhm hein rpccificd, including 3huGin gE rcyrttic,-Larcilhrll "*i"t - ptoOuotion ftom rhcuil s Doolcd mv'lti6 only or
rhi porrion of ruch prcductiotr .l*;J;;'ii[ i;;iiuct,'rllocaiion trt"ri * iJptp"tiion of thc. unit produaim itrar trc tu$l nunbc' of
urface acrcs mrcd oy rr'is r*c in-Jln.iuJco in oi unit b.m to tr,.rodr i"*i'"ri"f* **t in rucir mit' Itr rddiliil to thc tor€oin8:
rrscc ah![ hsvc.hc,igh,,o -itio, fr;i';;;il;;;if;;;, p",t rf uE'i;;i;-i-at " to on" o' * of rlrc fcmltions ilErundcr wilh
orhs ldd, in rho sam g.ml !@ by otcring into t @pcrstrvc ot *n |lm of a*tiopt-t * opcralion @DmYcd by [y igvmtmltl
urhority !nd, frm timc ro tire, iir-tito "ppJra,,o.oairy,."f,mge,
c i"hi*r. -y *it pt. or igrcmnt ud. in $ch cHq rlE rcm3,
conditioc, md pwbimr of thig iase chlit bc &cmcd m-oaifi"o'o;;;;ih; Lm'. conoitions, md omvisiom of sudr apprcvcd
@pcr8rivc cr unit pm of awcropmfrl.tp.Jh -'d,'p-i"rfury, "rl
*iiiini -i dc*lopmtnt rcq'imtnts.of this lcac' qpcss or lmPlic4
shlll bc ssti3ticd by co.prime *itiiic"iiiiri"i'-a iilr"prmt rquircmmriof such plm u egrcimenq lnd rhis lcrsc shdl not ldminltc or
;;i;;;;G llh of :uc.lr plm or agmrcnt ltr thc cvcnr rrrlt stid ahovc doqibcd
lsnds or my pst thcrsf, sfraff f*rcinE-* opcrat4 udcr ey sch cePcitti* o, ,nit pf m of aflrlopmcnl o opaalim whcrcby fic prodrcli6
rh*frmisallo{rtcdaair",,,,portioi,oloi-i-a*"*itysiapiat,rii-t pr&uctionattodrcaornyprniqlrt,ctoftmdshlll.for
rhc purpocc of mprring t
"
.viio rc t" piia r,.**oo to ic*, uc .glrocd a! having ben grodud from thc pfii@hr tffit of lud to
which it is rtloc{cd md no, to -y oO* t."i of lmd; qd thc rcyatry p"yffirt to b€ mdc -hcmnilr O Lsor shall bo bssld upoo produclim
only E so rlldEtcd. LE$or 3hor romriiy aprcs usut onrni -to'rny cmlo*irc or unir plu of dwclopm6t c oP.ntim ldogtcd by
uslcc ona rpprovcd by sy $Ymrn€aul ;gcniy by exanting thc sam upon rcqucst of llsscl'
t3. Altcxp*sorimpricocor.n-rsLi"rr'isicocshatttciubjcato.iiiJih-ostaiLrws,Exmutivcordas'Rulc,rRcgulatios'md
rhis tce sht, nor bc tcmimrca, iri;;. ;; t, p"a;"i Lo.t rcra iirurc io, dmrge, for iliturc ro comPlv thffiith, if omPlimcc h
p**t.O ty, o, itsudr failurc is thc rcutt o{, ay such Law, Order, Rulc, or Rcgulstion'
14. Lcsmr agrccs thri thc lrsscc shall hftc thc righr d my timc to rcdcm-for L6or, by gaymcnt' rny.mon8,qges, ur6' ot othcr.lhns ql
thc sbovE d€gcribcd lEds, in th. wcnl of dcfault of poyrcnr by [rsor atrd bc subrogatcd t; drc rights of-thc holdcr thcmf' md thc undasigncd
L6s6, fq rhsnsctv.s -d th.ir h;i;r:;-;;", lrii.rd, h."by suncndcr aid rclclsc all iight of do*rr md homtcad in thc Prsniscs
dcrffi6 hcrcitr, insof' * r"id ,id;;i;;;i;; trorcit ri .ay in oiry my aftet tt o purposa fot which.this lce h mrdc' s rocitcd hgctn'
15. shoutd ry ffi tr mrc of thc puti6 hcainaborc nrmcd r ks*i nir to o.Lrri rhis lsc, it shrll nsstlrclcfs bc bindinS upon all
s*f,-f -tiir'*f,o a6 **tr it * il-.' ffr. mrd 'Isw,' u uscd in this lasc. dull reu my nG tr-mlc oI dl of thc p!ni6 who cxcoE
inirtJ,**t-.,-r. atlthcpuisimsofbislcesha1bcbirditrgmlhchcic,$@smr*mdssiguoflsorand[rs'
a5 of tlE dltc lirs abovc witto
oro""T*o'i
L./lre*fi1
Its: Operations Manager
By: Louis A. Oswald,
LL|.?IllIII!!llLIt!r!HrXfl [IlLIh,Hl[|#r3 of 7 R 36.00 D o.oo GnRFiEaD couiri fi"-'
STATEOF COLORADO.l} ss ACKNOWLEDCMENT_INDIVIDUAL
)
, BEFORE ME,lhc udcrsigned, a Noury public, in ,,d for slid County and Sra@, on ** \ 5 fu Orr, :-*Ai,
.20 05 ocnonetty appcacO Edward J. Wilks and Maria G. Wilks
COUNTYOF T\C'':
IN WITNESS WHEREOF, I harc hcrcmro s.t my hsnd rd oflixcd my mtgirl *01 rhc day ond yG!,lbovc
My Commtusion ExpiEs
STATE OF COLORADO I;\-couMfyoF ! .) <n.;< - | tt AcKNowLEDGMENT-CORPOR^TE
JL
BEFORE ME, rhc udffiigm( a Notry public, in ud for sid Cmty ana Sor, m ttris___.,llal dry of Aprit20-Ql-pronrllv appcarcd Louis A. .Oswald, III, Operations Manager or Apolo Enagy, LLC, ro mc tnM ro b. rlE iddietpctson(s) d6cribcd in md who cxcutcd thc withia md rorcgoing hstrmt of irtting tctng dury riihoriri o icr on uctlrorsh LLc, endrcknowlcdSed ro mc rh,r hc dury creutcd thc smc s his fri ri voruntary ur ud difo f-ih" dr"o;-0r;i,,a r.1,
lN WITNES.S WIIEREOF, I havc hcrilnto sc[ my hind rnd aflixcd my
My Commission Expilcs
W Commlsston Eglr€s t/sr2fitg
thc dry ord ycr hst rbovc wittcn
to mc knom to bc rhc idcntical in rnd uho accutrd
that !&Lduly qccurcd rhc smc re [gi1 frrc md vorutrry ac1 and dccd fff th€ pupo$s oricin -sct rora.
I tllil m ilffi lll llllll llll lllllll llt r,rrl llll lill
69484E O3/27/29idG 03:56P 81783 P664 I't ALSDORF
4 of 7 R 36.00 D o.OO GRRFIELD C0UNTY C0
Attachment to that Certain Oil and Gas Lease Dated April 5th, 2005 by and between Edward J.Wilks and Maria G. Wilks
fiAffi'
*TAWffi'61*n" / t a swL
EXHIBIT'A"
Page t of4
amended to readeigtrtee@. [Lessee shall pay royalties on all gas;f{whatsoever nature andv, urrr llvJrw rtrgrr P4
kind, produced from the Leased premises, of,) of their value. Value
::^f:llTl ,.oss selling price, if sold under a contract of sate, or 1U; if ttrey are ;;" ,"1d,
J.
4.
the fair and reasonable value thereofat the place where sold o. ur.d, however, that the fairand reasonable value of gas used or sold off the Leased Premises shall be tlre value at theplace sold or used (but not less than the highest price obtainable for an annual contract which
is freely and currently offered for productiofli[e kind, quality, and characieristics in similarquantities produced and sold from any field located wltltrrn darnetd county).
In no event shall shurin Payments maintain this Lease in force for a cumulative periodexceeding three (3) years.
No part of this Lease shall be committed to a federal unit. Lessee shall not be allowed topool this acreage without first obtaining the written consent ofthe Lessor, said consent shallnot be_ unreasonably withherd, providing, however, that Lessor shail not be required tocommit to a cooperative plan of development exceeding 40 acres.
Lessee agr_ ees that all royalties accruing under the Lease shall be fiee and clear of all of thecosts and. expenses of producing, gathering, storing, separating, treating, dehydrating,compressing, processing, transporting, marketing *dyo. othrr*isI-making"ile oil, gas andother products produced hereunder rcady for sale or use, and no deduction shall be made forany such costs and expenses in computing any payment to be made to [,essor.
If oil and gas are discovered and produced during the primary term ofthis Lease, then five(5) years after the end of the primary term herein,lhis iease s't ail e*pirc as to rrtt o.pth, on.hundred ( I 00) feet below the shatigraphic equivalent ofthe deepest productive zone ofanywell drilled on the leased lands or on any lands pooled or unitized therewith.
In the event of a conflict between the lerms of this Lease Addendum and the terms of theprinted form Lease, the terms ofthis Lease Addendum shall control.
Notwithstanding anything to the contrary contained in this kase, it is specifically understoodthat no right to use or occupy any portion ofthe surface of the ranas is conreyJiereby. Anysurface operations whatsoever of any kind, including, but not limited to ariiling sites,pipeline locations, roads, erectric or utility lines, and eluipment, shall iotlJocated in orupon the Leased Premises without the exprcss written permission oflessor and shall only bcallor,rcd after negotiation of an additionaf written agrcement with Lessor, the terms of whichshall be determined in the sole discretion of Lessor]including ao*ug.* *atorcompensationfor the impact of surface activities on property values.
To the extent that kssee is the Lessee of other undivided mineral interests in the lands, oracquires such interests in the future, Lessee agrees to be bound to the surface usl provisionshereof with regard to those previously reservid mineral interEsts.
7.
bl/r
I lllll llll lllllt lll llllll llll llllll lll In llll llll
694848 O3/27/2ooG o3:56P 81763 P665 l'l
5 of 7 R 36.00 O O.OO GARFIEL0 COUNTY
NLSDORF
c0
9.
EXHIBIT*A"
Page2 of 4
Lessee agrees that upon ten (l 0) business days written notice giving details ofthe periods anditems to be audited, [essor, or its agents, shall be provided-at Le-ssee's oflices in Denver,
Colorado, or such other place as such records are normally maintained, with the necessary
documents and records to audit all amounts due Lessor under this tease, including, but notlimited to: quantities produced and any adjustments or conversions thereof, gross proceeds,
all charges deducted, ifany, to calculate proceeds, product sales and royaltieJpaid under thisLease. Lessor agrees that any information given Lessor by Lessee is confidential in nature
and will not be given to third parties, except consultants, engineers, attomeys, accountants orother experts employed by Lessor, without express witten consent from Lessee, or pursuant
to Court Order.
Lessee shall have the right touse,free ofcost, gas, oil and water (exctuding water fromsurface aquifer or sources) produced on said lands=for Lrsse.'r ofiruttio* on the lands only,but only from wells drilled or operated by Lessee.
This Lease shall not be binding on any Lessor until executed by all Lessors named herein.
No wells may be drilled from tocations on the leased premises to downhote ;ocations inwhich l,essor does not have- arcyalty participation without pao. ,nnitt"n lorsent of Lessor,which consent may be withheld for any reasbn.
The prevailing Party in any litigation arising out ofthis Lease or Lessee,s activities on theIands, shall be awarded its costs, expenses and reasonable attorney's fees.
Lessee shall conduct its operations in compliance with ar appricable laws, nrres andregulations. Lessor shall te deemed a third iarty beneficiary oiuny ,r"r, iuws, rutes andregulations and be entitled to enforcement thireoiin its own iight
Lessee agrees to furnish Lessor copies of abstracls, supplemental abshacts, title opinions andsurveys that Lessee may own or hcreafter acquire, as may be required to determine theaccuracy of: (i) division orders-tendered to tessor, and (ii)
"lr .yJii", p"iJ o-r delivered roLessor. Lessee shall not be liabre for any "*oo o. omissions in any such doc,rments.
Lessee shall conduct all operations hereunder at its sole cost, risk, and expense and shall beand remain fully responsibJe for all such operations. Lrssee assumes att riits ana tiability ofany kind and nature incident to, occasioneil by, or resulting in any manner, directty orindirectly, from Lessee's- operations hereundei, and Lessee-agreeJ t" k.6 the LeasedPremises duly and fully free from and protected against liens ofevery character arising inconnection with, or resulrin_g from, such operationi. Lessee agrees d ;;d;, indemnifi,defend, and hold harmress Lessor, its officers, agents, and employees from every kind andcharacter ot'licns, damages, rosses, expcnser, jc,ian.rs,
"raims, and causes of action craimedby or arising in favor of any person, n., or corporation whatsoever, incruding withoutlitttit,ti.n Lqiscc. ils ,tliccrs. ugcnts, cnrpl,y*"r. uir,l irr- crutracklrs or srr5conlroctors, or ot'their oflicers, agents, or employier, on a".ount ofpersonal injuries, death claims or damagesto property of any persons arising from any course whatso"ri, linctu;i;;il;;t 1imited topollution of air, water, land, minerars, animar and botanical iii;-;;d';; other naturalresource and the violation or claimed vioration of any and
"rr r"Jr*[ lt"rc and localpollution control or other environmentar raws now in effi"t o. *ni.u .uyi..Jn", b..om,effective) growing out ofor incident to the operations conducted by Lessee or its conractors
t0.
11.
12.
13.
14.
15.
16.
il/,,7
'}[lIl'll'iJ'llulll.'J}4,}[|$l"Jd*;i
d
EXHIBIT *A"
Page 3 of4
or subcontractors, or to the entrance of Lessee or its officers, agents or employees on the
Leased Premises under color of this Lease, whether such injuries, death or damage result
from or are claimed to have resulted from lhe sole or concurent passive or active negligence
of Lessor, its officers, agents or employees or the sole or concurr€nt passable or active
negligence of Lessee, its officers, agents or employees or of lrssee's contractors or
subcontractors, their officers, agents, or employees.
lcssee, at its own expense, shall defend any suit or action brought against Lessor based on
any such alleged injury, death, or damage, and shall pay all damages, costs, and expenses,
including attomey's fees in connection therewith or in any manner resulting therefrom; but
Lessor shall have the right to participate in such suit or action if it so elects. Such damages
shall include all damages to or by livestock, and claims and demands with respect thereto,
including all damages as a result offences, gates and gaps left open or insecurely closed; and
shall include, but not be limited to, injuries or damages occasioned by the failure ofor use or
misuse of any and all kinds of equipment, whether owned or rcnted by Lessee or fumished by
any contractor or subcontractor.
kssee shall provide at Lessee's expense all necessary protective measu€s to prevent any
loss or damage to the property oflessor on account ofany operations by Lessee whether on-
site or off-site, including protection for power lines, pipelines, telephone lines and water
wells. Lessee shall pay for all damages to Lessor's real and personal properties ofany kind
arising out ofoperations under this Lease, including but not limited to damage caused by salt
water or other effluent or by fires caused by its operations and originating on the Leased
Premises or on any adjacent or contiguous premises under the control of, or being operated
by, Lessee.
As soon as reasonably practicable, Lessee shall seek approval from the Colorado Oil and
Gas Conservation Commission for well density of no more than twenty (20) acres and to
prosecute said petition to decision in a prompt manner.
Lessee agrees to assume liability for any damage caused by lessee's operations to l.essor's
water well(s) or the aquifer serving the Leased Premises. In order to ensure the continued
quality and quantity oflessor's ground water resources, Lessee shall implement a ground-
water sampling program of the properly permitted water well(s) serving the Leased Premises
which shall be conducted by an independent licensed professional engineer at Lessee's sole
expense to determine pre- and post-operating conditions. Water well owners must provide all
available data regarding the drilling, completion and water quality information from their
well. Prior to drilling activities within 1,300 feet of any water well(s) scrving the [.eased
Premises, an annular space vapor screening will be conducted with field instnrments
sensitive to methane. Static water levels and qualitative estimates ofyield based on sampling
flow rates slnll be determined by pumping the water well(s) at the highest rate possible
using currently installed equipment for a period of one hour. Flow rates shall be recorded
every ten minutes and evidence of pumping olf,, methane vapor or sediment production shall
be noted. Any other unusual characteristics such as discoloration, cloudiness, odors and
effervescence shall also be recorded. Water samples shall be collected from the point in
the water system nearest the well. Field parameters of dissolved oxygen (dO), pH,
temperature, turbidity, and conductivity will be recorded at the time water samples are
collected for subsequent laboratory analysis. The sample shall be analyzed in the laboratory
for dissolved methane, benzene, toluene, ethylbenzene, xylenes (BTEX), major
cationVanions, total dissolved solids, pH, and specific conductance. If BTEX compounds
are found, then additional analysis for oil and grease AND for total volatile petroleum
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EXHIBIT "A"
Page 4 of4
hydrocarbons will be included to ascertain the origin ofBTEX compounds. MTBE analysis
shall be conducted as well. If dissolved methane is detected al2 mgil, or greater, the
composition and the ratio of stable carbon and deuterium isotopes in the methane shall be
analyzed to determine gas type (thermogenic, biogenic or mixture). If the testing results
indicate biogenic gas, then no further isotopic testing shall be required. If the results
indicate thermogenic gas or a mixture of biogenic and thermogenic gas, firrther monitoring
shall be conducted of the well in question. The post-drilling activity test shall be conducted
within 90 days of cessation or completion of activities at the well site and on an as needed
basis thereafter during the term of this Lease. Water samples will also be tested for enteric
bacteria, and BARTs (Biologic Activity Reaction Tests) which tests for the presence of
sulfate-reducing bacteria (SBR), iron-related bacteria (BR) and slime-forming bacteria. Such
sampling shall be conducted in a manner as identical as possible to the tests conducted
prior to the activity. Copies of all test results described above shall be provided to lrssor.
For the consideration herein recited, Lessor hereby grants the exclusive right and option to
extend the primary term of this lease for one (l) additional year by mailing to Lessor at the
address listed on this lease, on or before the end of the primary term, a bonus consideration
equal to Four Hundred ($400) per net mineral acre, which payment shall represent payment
in full of consideration for this extension.
SIGNED FOR IDENTIFICATION:
APOLLO ENERGY, LLC
By:
Louis A. Oswald, III, Operations Ma
November 29.2007
Boundaries Unlimited, Inc.
Deric Walter
823 Blake Avenue, Suite 102
Glenwood Springs, CO 81601
RE: Wilks Subdivision
Dear Deric,
The purpose of this letter is to inform you that the Sketch Plan application for the WilksSubdivision has been deemed technically complete. I have scheduled this matter to bediscussed by the Gry{:19 coglty Planning commission at their next open meeting,January 9fr,2008 at 6:30 PM. Thi; meeting will take place in the County AdministrationBuilding in Room 100 which is rocated ar rcg gft street in Glenwood Springs.
Prior to this meeting' I will lailrgu a copy of a staffReport that will contain an analysisof-your proposal. Please submit 2l copiCs of all the information you proriJea to ttisofftce by December 7h, 2007 so that it may be promptly distributed io the ganning
Commission and applicable referral agencies. Ptease do noi hesitate to this office if youhave any questions.
Best regards,
/)L*url --
Craig Richardson
Senior Planner
970.945.8212
lC8 Di,qhth Strt,et, Suite 10t . Olt,nn.rtxl S7rriirg.i., CO gt(t0t
(970)94.5-82I2. (970) ZX.5-7972. Fux: (970) -td4_-1470
Garfield County
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B U I I-D I li G & I'l-lrVNI NG DE &LRT'MENI'