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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-countv.com MAR 2 1 2008 Subdivision Application Form ➢ Subdivision Name: ➢ Type of Subdivision GENERAL INFORMATION (To be completed by the applicant.) Alec 4 t/ R# Sulo -r v; -s- eK (check one of the following types): Sketch Plan Preliminary Plan Final Plat /\ ➢ Name of Property Owner (Applicant): M« tL -7- i/` r6i Telephone: Y7(9- qq-J/53 ➢ Address: 7 2 C6 / ➢ City: S r /f State: CO Zip Code: EliS 2 FAX: I2S- Y -1/S ➢ Name of Owner's Representative, if any (Attorney, Planner, etc): ➢ Address: Telephone: ➢ City: State: Zip Code: FAX: ➢ Name of Engineer: % // (0,154 /7t/ L C. ➢ Address: ,0 )>. City: /rT ➢ Name of Surveyor: ➢ Address: Telephone: 97©- 6'2S- gL?iJ State: Ce Zip Code: 8'/6s a FAX: 623-1 d<cl7f{ SurVey /36 E. 3'?' 57 - ➢ City: ,, fie State: (.1, ➢ Name of Planner: ➢ Address: Telephone: .Xrv'�c'cf ct7D- 62Y- /3 30 Zip Code: S/6512 FAX: �1.5--277j Telephone: ➢ City: State: Zip Code: FAX: �1•P4\a Z 1‘30 GENERAL INFORMATION continued... ➢ Location of Property: Section .. i Township S .) Range V / lv ➢ Practical Location / Address of Property: 2 /3© C f( 2 i / CC%Gs ➢ Current Size of Property to be Subdivided (in acres): 3S- ➢ Number of Tracts / Lots Created within the Proposed Subdivision: 3 ➢ Property Current Land Use Designation: 1. Property's Current Zone District: /'1 AP 2. Comprehensive Plan Map Designation: Proposed Utility Service: / )=. Proposed Water Source: Gl i v` i v�c4, / ➢ (See "Attachment C" to be completed with Preliminary Plan Application) ➢ Proposed Method of Sewage Disposal: J $ "5 ➢ Proposed Public Access VIA: Cyn ><y 2 6 / a hd 2 33 ➢ Easements: Utility: Ditch: ➢ Total Development Area (fill in the appropriate boxes below): (1) Residential Units 1 Lots Size (Acres) Parking Provided Single -Family '> 3P-3 j Duplex (3) Industrial Multi -Family (4) Public / Quasi -Public Mobile Home (5) Open Space / Common Area Total ) 1 2--{,4 1t f % l e ➢ Base Fee: Sketch Plan - $325.00; Prelim Pian - $675.00; Final Plat - 2 Floor Area (sg. ft.) Size (Acres) Parking Provided (2) Commercial (3) Industrial (4) Public / Quasi -Public (5) Open Space / Common Area Total • m nnn ➢ Base Fee: Sketch Plan - $325.00; Prelim Pian - $675.00; Final Plat - 2 I. THE SUBDIVISION PROCESS In order to subdivide land in Garfield County, an Applicant is required to complete the following land use processes in the following order: 1) Sketch Plan Review Process, 2) Preliminary Plan Review Process, and 3) Final Plat Review Process. This section will briefly describe the nature of each process and provide general direction including subdivision regulation citations to a potential applicant requesting subdivision approval in Garfield County. All of the Garfield County Zoning and Subdivision Regulations are located for purchase at the Planning Department and can also be found on the World Wide Web at the following address: http://www.garfield-countv.com/building and planning/index.htm A) The Sketch Plan Review (Section 3:00 of the Subdivision Regulations) 1. Purpose The purpose of the Sketch Plan process is to allow an individual an opportunity to propose a subdivision in a "sketch" format to the Planning Department and the Garfield County Planning Commission in order to obtain a cursory review for compliance with the County's land use review documents, regulations, and policies to identify any issues that would need to be addressed if the proposed subdivision were to be pursued. 2. Applicability Any individual proposing a subdivision in Garfield County is required to complete the Sketch Plan review process as the first step in Garfield County's Subdivision process. More specifically, Garfield County defines a subdivision (Section 2:20.48) as the division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or separate interests, or the use of any parcel of land for condominiums, apartments or other multiple -dwelling units, as further defined by Colorado state law. 3. Application / Submittal Requirements In order to apply for a Sketch Plan Review an Applicant is responsible for reviewing Section 3:00 of the Subdivision Regulations and providing enough information to the Planning Department in the application to conduct a thorough review and provide the resulting comments to the Planning Commission for their review and comments. Specifically, Section 3:30, 3:32, and 3:40 of the Subdivision Regulations contain the specific information required to be submitted to the Planning Department in order to satisfy the application requirements in addition to the information requested on this application form. 4. Process / Public Meeting The Sketch Plan review process is considered a 1 -step process because the application is reviewed only by the Planning Commission at a public meeting. In order to appear before the Planning Commission, an applicant will have submitted all required application submittal requirements mentioned above to the Planning Department Staff. Once submitted, Staff will have 15 working days to review the application to determine if all the required submittal information has been submitted as required. If Staff determines that all the required information has been submitted, a letter will be sent to the applicant indicating the application has been deemed "technically complete." It is at this point Staff will also indicate when the application has been 3 scheduled to be reviewed before the Planning Commission and will request the applicant supply additional copies to provide the Commission for their review. If Staff determines that all the required information has not been submitted, a letter will be sent to the applicant indicating the application does not comply with the submittal requirements and therefore has determined the application to be "technically incomplete." The letter will also outline the applications deficiencies so that the applicant knows what additional information needs to be submitted. At this point, the applicant has 6 months (180 days) to provide the necessary information to the Planning Department to remedy the application so that it may be deemed technically complete. If the application has not been deemed technically complete within this time, the application will be terminated. Once the application has been deemed technically complete and a date has been established as to when the Planning Commission will review the application, Staff will conduct a land use review of the application using the County's land use regulatory documents including the Zoning Resolution, Subdivision Regulations, and the Comprehensive Plan of 2000. In addition, Staff will also consider referral comments provided from a variety of state and local agencies who may also review the application. As a result, Staff will write a Memorandum on the proposed subdivision to the Planning Commission containing the results on the land use analysis. This Memorandum will also be furnished in advance to the applicant. At the date and time set for the public meeting before the Planning Commission, Staff will present the findings in the Memorandum and the applicant will be required to present the proposed subdivision and respond to comments and questions provided by the Planning Commission. The comments provided to the Applicant by the Planning Department and the Planning Commission as a result of the Sketch Plan Process will be kept on file in the Planning Department for 1 -year from the meeting date before the Planning Commission. If an Applicant does not submit a Preliminary Plan application to the Planning Department within the 1 -year timeframe, the Sketch Plan file will be closed and the Applicant will need to reapply for a Sketch Plan review prior to a Preliminary Plan review. B) Preliminary Plan Review (Section 4:00 of the Subdivision Regulations) 1. Purpose The purpose of the Preliminary Plan review process is to conduct a thorough review of the many aspects that are associated with dividing land in Garfield County for the purposes of residential, commercial, and industrial development. This is the most intensive review step where the Building and Planning Staff, the Planning Commission, and the Board of County Commissioners (BOCC) will conduct a thorough review of all the issues associated with the proposed subdivision against the County's regulatory requirements. Ultimately, the purpose of this process is to identify all the major issues in the proposed subdivision by using the County's Zoning Resolution, Subdivision Regulations, Comprehensive Plan of 2000, as well as other state and local referral agencies that will provide comments on any issues raised in their review. This is the process that will either approve or deny the application request. 4 2. Applicability Any individual proposing a subdivision in Garfield County is required to complete the Preliminary Plan review process as the second and most intensive step in Garfield County's Subdivision process. More specifically, Garfield County defines a subdivision as the division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or separate interests, or the use of any parcel of land for condominiums, apartments or other multiple -dwelling units, as further defined by Colorado state law. 3. Application / Submittal Requirements In order to apply for a Preliminary Plan Review, an Applicant must have already completed the Sketch Plan review process addressed in Section 3:00 of the Subdivision Regulations. An applicant requesting Preliminary Plan review will be required to submit this application form, all the required submittal information contained in Sections 4:40 to 4:94 of the Subdivision Regulations as well as address all of the applicable Design and Improvement Standards in Section 9:00 of the Subdivision Regulations. In addition to the substantive submittal information related to the proposed subdivision project itself, an applicant is required to complete all the public notice requirements so that legal public hearings can be held before the Planning Commission and the BOCC which is addressed in Sections 4:20 — 4:31 of the Subdivision Regulations. 4. Process / Public Hearings The Preliminary Plan review process is considered a 2 -step process because the application is ultimately reviewed by two County decision-making entities during public hearings: the Planning Commission who makes a recommendation to the BOCC. In order to obtain dates for the public hearings before the Planning Commission and the BOCC, an applicant will have submitted all required application submittal requirements mentioned above to the Planning Department Staff. Once submitted, Staff will have 30 working days to review the application to determine if all the required submittal information has been submitted as required. If Staff determines that all the required information has been submitted, a letter will be sent to the applicant indicating the application has been deemed "technically complete." It is at this point Staff will also indicate when the application has been scheduled to be reviewed before the Planning Commission / BOCC. Additionally, Staff will provide the applicant with the notice forms to be mailed, published, and posted. If Staff determines that all the required information has not been submitted, a letter will be sent to the applicant indicating the application does not comply with the submittal requirements and therefore has determined the application to be "technically incomplete." The letter will also outline the applications deficiencies so that the 5 applicant knows what additional information needs to be submitted. At this point, the applicant has 6 months (180 days) to provide the necessary information to the Planning Department to remedy the application so that it may be deemed technically complete. If the application has not been deemed technically complete within this time, the application will be terminated. Once the application has been deemed technically complete and a date has been established as to when the Planning Commission / BOCC will review the application, Staff will conduct a land use review of the application using the County's land use regulatory documents including the Zoning Resolution, Subdivision Regulations, and the Comprehensive Plan of 2000. In addition, Staff will also consider referral comments provided from a variety of state and local agencies who may also review the application. As a result, Staff will write a Memorandum on the proposed subdivision to the Planning Commission / BOCC containing the results on the land use analysis. This Memorandum will also be furnished in advance to the applicant prior to the public hearings. As mentioned above, Staff makes a recommendation to the Planning Commission and the BOCC regarding the issues raised in the analysis of the proposed subdivision. The Applicant will first propose the subdivision to the Planning Commission who is responsible for making a recommendation of approval, approval with conditions, or denial to the BOCC. Next, the application will be reviewed by the BOCC during a regular public hearing. The BOCC will consider the recommendations from the Planning Staff and the Planning Commission, the information presented by the applicant, and the public. As a result, the BOCC is the final decision-making entity regarding the proposed subdivision and will either approve, approve with conditions, or deny the application. If the BOCC approves the subdivision application at the public hearing, the approval shall be valid for a period not to exceed one (1) year from the date of Board approval, or conditional approval, unless an extension of not more than one (1) year is granted by the Board prior to the expiration of the period of approval. (See the specific information provided in Section 4:34 of the Subdivision Regulations.) Following the hearing, Staff will provide a resolution signed by the BOCC which memorializes the action taken by the Board with any / all conditions which will be recorded in the Clerk and Recorder's Office. Once an applicant has Preliminary Plan approval, they are required to complete the third and final step in the County's Subdivision Process: Final Plat Review. C) Final Plat Review (Section 5:00 of the Subdivision Regulations) 1. Purpose The purpose of the Final Plat review process is to provide the applicant with a mechanism to prove to the County that all the conditions of approval required during the Preliminary Plan review process have been met / addressed to the satisfaction of the Planning Staff and the BOCC. This being the case, the chairman of the BOCC will 6. sign the Final Plat and have it recorded memorializing the subdivision approval granted by the BOCC. This is the last step in the County's subdivision process. 2. Applicability Any individual proposing a subdivision in Garfield County is required to complete the Final Plat review process as the third and last step in Garfield County's Subdivision process. More specifically, Garfield County defines a subdivision as the division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or separate interests, or the use of any parcel of land for condominiums, apartments or other multiple -dwelling units, as further defined by Colorado state law. 3. Application / Submittal Requirements In order to apply for a Final Plat review, an Applicant must have already completed the Preliminary Plan review process addressed in Section 4:00 of the Subdivision Regulations. An applicant requesting Final Plat review will be required to submit this application form, all the required submittal information contained in Section 5:00 of the Subdivision Regulations and responses to all the conditions of approval required as part of the Preliminary Plan review process. 4. Process The Final Plat review process is considered a 1 -step process because the application is ultimately reviewed by the Building and Planning Staff and presented to the BOCC for their signature if the application satisfies all the required submittal information to the satisfaction of the Building and Planning Department. If Staff determines that all the required information has been submitted, a letter will be sent to the applicant indicating the application has been deemed "technically complete." It is at this point Staff will also indicate when the application has been scheduled to be presented to the BOCC for signature. (This is not a public hearing or meeting and therefore does not require public notice.) If Staff determines that all the required information has not been submitted, a letter will be sent to the applicant indicating the application does not comply with the submittal requirements and therefore has determined the application to be "technically incomplete." The letter will also outline the applications deficiencies so that the applicant knows what additional information needs to be submitted. Once the application has been deemed technically complete and a date has been established as to when the BOCC will review the Final Plat, Staff will review the application / Final Plat in terms of adequacy to determine if all the submittal information satisfies the Final plat requirements as well as the responses to the conditions of approval. During this review, Staff will forward the Final Plat the County Surveyor for review and a signature. In the event there are additional questions or clarification issues to be addressed, the County Surveyor will generally contact the applicant to have the plat adjusted as necessary. Once, Staff has completed the review and all required information has been submitted to the satisfaction of the Planning Department 7 and the County Surveyor has signed the Final Plat in Mylar form, it will be scheduled at the next BOCC meeting to be placed on the consent agenda with a request to authorize the Chairman of the BOCC to sign the plat. Once the Final Plat is signed, it is then recorded by the County Clerk in the Clerk and Recorder's Office for a fee of $11 for the first sheet and $10 for each additional sheet thereafter. This fee shall be paid by the applicant. This act of recording the signed Final Plat represents the completion of the Garfield County Subdivision Process. Please refer to the specific language in the Final Plat portion (Section 5:00) of the Subdivision Regulations for specific timelines and additional responsibilities required of the applicant to complete the Final Plat process. Please Note: This information presented above is to be used as a general guide for an applicant considering a subdivision in Garfield County. It is highly recommended that an applicant either purchase the Garfield County Zoning Resolution and Subdivision Regulations or access them on-line at: http://www.garfield-county.com/building and planninq/index.htm in order to ascertain all the necessary requirements for each of the three steps including Sketch Plan Review, Preliminary Plan Review, and Final Plat Review. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. (Signature of applicant/owner) Last Revised: 02/2006 8 Date Page 11 ATTACHMENT C FORM NO. GWS -76 02/2005 WAl LK SUt'FUY ;NI-UKIVIP►i IUIV OUIVIIVIPUNI STATE OF COLORADO, OFFICE OF THE STATE ENGINEER 1313 Sherman St., Room 818, Denver, CO 80203 Phone — Info (303) 866-3587 Main (303) 866-3581 Fax (303) 866-3589 Section 30-28-133,(d), C.R.S. requires that the applicant submit to the County, "Adequate sufficient in terms of quantity, quality, and dependability will be available to ensure an adequate htto://www.water.state.co.us evidence that a water supply that is supply of water." 1. NAME OF DEVELOPMENT AS PROPOSED: // / A/l i 2. LAND USE ACTION:$u ( v ;Lt t• 3. NAME OF EXISTING PARCEL AS RECORDED: SUBDIVISION: , FILING (UNIT) , BLOCK , LOT 4. TOTAL ACREAGE: 3- s_ 5. NUMBER OF LOTS PROPOSED 3 PLAT MAP ENCLOSED? DYES or ■ NO 6. PARCEL HISTORY — Please attach copies of deeds, plats, or other evidence or documentation. A. Was parcel recorded with county B. Has the parcel ever been part If yes, describe the previous action: or Q NO prior to June 1, 1972? ■ YES of a division of land action since June 5 .. ,-(i-1,. i-.5 i o.. F x e ."/ 1, 1972? Q YES or ■ NO / i ' — 7. LOCATION OF PARCEL — Include a map delineating the project area and tie to a section corner. ItW Easting: h 1/4 of the 1/4, Section 31 , Township 5- $ ■ N or p,S, Range C1 / • E or Principal Meridian: Optional GPS must be meters, Sixth ■New Mexico Ute ❑Costilla must use the following settings: Format must be UTM, Units NAD83, Unit must be set to true N, ❑ Zone 12 or ❑ Zone 13 Location: GPS Unit Datum must be Northing: 8. PLAT — Location of all wells on property must be plotted and permit Surveyor's Plat: 5 YES or ❑ NO If not, scaled handdrawnsketch: numbers provided. ❑ YES or ■ NO .5-,.5-,;'L_ dv 9. ESTIMATED WATER REQUIREMENTS ,''e lig vit.-4...- 10. WATER SUPPLY SOURCE We 1/5 USE ���' ATS1—S WATER REQUIREMENTS' ■NEW WELLS - ISTING • DEVELOPED ELL SPRING WELL PERMIT NUMBERS 1711© 74 - ,.. HOUSEHOLD USE COMMERCIAL USE IRRIGATION # # > of units Gallons per Day Acre -Feet per Year .:2-1t -2 6 - PROPOSED AQUIFERS - (CHECK ONE) 0 ALLUVIAL 0 UPPER ARAPAHOE 0 UPPER DAWSON 0 LOWER ARAPAHOE 0 LOWER DAWSON 0 LARAMIE FOX HILLS DENVER CIDAKOTA ❑ OTHER: # of S. F 66 L/ 11 ( - F 14 of acres .272 7 /�..0 STOCK WATERING OTHER: # ii0 of head WATER COURT DECREE CASE NUMBERS: III MUNICPAL ■ ASSOCIATION IN COMPANY TOTAL 4/ - ■ DISTRICT NAME f r me, r LETTER OF COMMITMENT FOR SERVICE ■ YES or ■ NO 11. WAS AN ENGINEER'S WATER SUPPLY REPORTDEVELOPED? (This may be required before our review is completed.) (‘^e - r 41 YES qr .,,No IF YES, PLEASE FORWARD WITH THIS FORM. I i,(' -if ei / e // i +u .47/ pi 12. TYPE OF SEWAGE DISPOSAL SYSTEM [l SEPTIC TANK/LEACH FIELD SYSTEM (Attach a copy of engineering design.) ■ CENTRAL SYSTEM DISTRICT NAME: TO: • LAGOON 1 VAULT LOCATION SEWAGE HAULED • ENGINEERED • OTHER: GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include an Agreement for Payment Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The complete fee schedule for subdivision and land use applications is attached. GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County stafftime or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. TYPE OF PROCEDURE BASE FEE Vacating Public Roads & Rights -of -Way $400 Sketch Plan $325 Preliminary Plan $675 + application agency review fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey Final Plat $200 Amended Plat $100 Exemption from the Definition of Subdivision (SB -35) $300 Land Use Permits (Special Use/Conditional Use Permits) • Administrative/no public hearing $250 • Board Public Hearing only $400 • Planning Commission and Board review & hearing $525 Zoning Amendments • Zone District map amendment $450 • Zone District text amendment $300 • Zone District map & text amendment $500 • PUD Zone District & Text Amendment $500 • PUD Zone District Text Amendment $500 Board of Adjustment • Variance $250 • Interpretation $250 Planning Staff Hourly Rate • Planning Director $50.50 • Senior Planner $40.50 • Planning Technician $33.75 • Secretary $30 County Surveyor Review Fee (includes review of Amended Determined by Surveyor$ Plats, Final Plats, Exemption Plats) Mylar Recording Fee $11 —1 st page $10 each additional page Page 2 The following guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. hi the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. 9. This fee structure shall be revised annually as part of the County budget hearing process. Page 3 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) agree as follows: `` // 1. APPLICANT has submitted to COUNTY an application for Ve , /4 c' 1 / (/ ri 5 ‘'(, (hereinafter, THE PROJECT). �G L6 &// 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT fi/d6( Signature Date: 3-2/ eg Nat jA// Print Name Mailing Address: 230 C / 5, If (0 g/ . Page 4 NORTH BELL RANCH SUBDIVISION Final Plat Submittal Prepared for: North Bell Ranch 230 C.R. 261 Silt, CO 81652 Engineer: Surveyor: Nathan Bell, P.E. Michael Langhorne, L.S. Bell Consulting, LLC. Bookcliff Survey Services, Inc. 230 C.R. 261 136 E. 3rd St. Silt, CO 81652 Rifle, CO 81650 (970) 948-3153 (970) 625-2773 March 19, 2008 STATEMENT OF PURPOSE North Bell Ranch Subdivision will divide two 2 plus acre lots from an existing 35 -acre parcel with the remaining 30 -acres encompassing the farming/ranching operations of the property. The existing residence will be on one of the 2 -acre parcels and the second 2 -acre parcel will have a building envelope allowing a single family residence. The remaining 30 -acre parcel will allow a single family residence. The purpose of this application is to request Final Plat approval for North Bell Ranch Subdivision as depicted in the attached documents and plans. The proposed North Bell Ranch Subdivision is located on Silt Mesa just north of the Silt Mesa Road (CR 233). The property is bounded on the south by the Silt Mesa Road (CR 233), County Road 214 and a single family parcel; on the east by County Road 228 (Pretti Lane); on the west by County Road 261 (Groff Lane); on the north by private parcels. The property topographically consists of a level bench area on the west adjacent to CR 261 separated from a bench area and the irrigated pasture to the east by two drainage channels converging within the property. The drainage channels have relatively steep sides with varying degrees of height up to approximately 15 -feet. No development is proposed within the drainage channels. PROPOSED DEVELOPMENT North Bell Ranch Subdivision (NBRS) proposes two lots (Lots 2 and 3) along the western edge of the property each being 2 plus acres in size. These lots abut County Road 261 and will have direct access to the County Road. Proposed Lot 2 will contain the existing single family residence with an existing driveway. Currently, there are 5 parcels on the west side of CR 261 ranging in size from 1.63 to 3.74 acres with accesses onto CR 261. These parcels contain single family residences with no agricultural or ranching production. The two parcels directly to the west of the existing residence have approximately 1 - acre building sites due to the steep hillside on the west side of the parcels. The remaining approximately 30 -acres of the property (Lot 1) will have a single family residence and will contain the irrigated hay field along with the agricultural/ranching structures which are to remain in use. These structures currently consist of a hay barn and riding arena. North Bell Ranch Subdivision March 19, 2008 Page 1 of 2 SUBMITTAL ITEMS The following outlines and discusses the submittal items as required by the Subdivision Regulations of Garfield County, Section 5, Final Plat. For ease of review and following the code, the discussion is being provided in outline form with reports in the Appendixes. The Final Plat is provided as a large scale map. Sec. 5:20 FINAL PLAT REQUIREMENTS: The Final Plat has been prepared by Bookcliff Survey Services and is included with this submittal as a full size map. Sec. 5:30 SUPPLEMENTAL INFORMATION Sec. 5:31 A. The development of North Bell Ranch does not include any public infrastructure such as streets, drainage facilities, water distribution or sewage collection systems. The only Public Infrastructure item is to provide 5,000 gallons of raw water storage for use by the Burning Mountain Fire District. A combination of 2 tanks has already been constructed at the entrance to Lot 1 within an easement dedicated to the Fire District on the Final Plat. A letter is provided in Appendix A for the completed construction of the tanks. Maintenance of the facility is provided for in the Protective Covenants. B. The SIA is included in Appendix B. C. Certification from the County Treasurer's Office is in Appendix C. D. Protective Covenants is in Appendix D. E. Each lot shall have a source for all service offered in the area. All lots access directly onto a County Road with necessary driveway permits for new drives provided in Appendix E. Each lot has a well and will be required to construct an Individual Sewage Disposal System. F. Each lot has a building area in compliance with required setbacks. G. Adequate legal water is being provided per individual well permits for each lot. The Lot 1 well is issued under SB35 for an exempt domestic well. The Lot 2 and 3 wells are covered under contracts numbered S070322NTB#2(a) and S070322NTB#3(s) issued by the West Divide Conservancy District. See Appendix F for well permits. H. Cash in Lieu will be provided for school impact fees. I. An O&M plan for ISDS is provided in Appendix G. North Bell Ranch Subdivision March 19, 2008 Page 2 of 2 APPENDIX A Fire District BELL CONSULTING, LLC. 230 CR 261 Silt, CO 81652 970-948-3153 March 19, 2008 David Pesnichak Garfield County Building and Planning 108 8th St., Ste 401 Glenwood Springs, CO 81601 RE: North Bell Ranch Fire Storage Facilities Mr. Pesnichak, The Preliminary approval of the North Bell Ranch Subdivision requires the installation of a raw water storage facility to be used by the Burning Mountain Fire District. This letter is to inform the County that the storage tanks are installed and operational. The facility consists of two buried tanks equaling 5,000 gallons of storage with 6 -inch outlets and 4 -inch vent pipes. The outlets are capped with connections meeting the Fire District specifications. Please contact me with any questions or concerns you may have. Bell Consulting, LLC. Nathan J. Bell, P.E. 33401 North Bell Ranch Subdivision Page 1 APPENDIX B Subdivision Improvement Agreement NORTH BELL RANCH SUBDIVISION SUBDIVISION IMPROVEMENTS AGREEMENT THIS North Bell Ranch Subdivision, ("Subdivision") SUBDIVISION IMPROVEMENTS AGREEMENT ("SIA") is made and entered into this day of , 2008, by and between NATHAN BELL and TAMARA BELL (collectively "Owner") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, acting for the County of Garfield, State of Colorado, as a body politic and corporate, directly or through its authorized representatives and agents ("BOCC"). WHEREAS, Owner is the owner and developer of the Subdivision, which property is depicted on the Final Plat of North Bell Ranch Subdivision ("Final Plat" or "Final Plat of the Subdivision"); and WHEREAS, on January 14, 2008, the BOCC, by Resolution No. 2008-17, approved a preliminary plan for the Subdivision which, among other things, would create three single-family lots "Preliminary Plan Approval"); and WHEREAS, as a condition of approval of the Final Plat submitted to the BOCC, as required by the laws of the State of Colorado, Owner wishes to enter into this SIA with the BOCC; and WHEREAS, Owner has agreed to certain restrictions and conditions regarding the sale of properties and issuance of building permits and certificates of occupancy, all as more fully set forth below. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the BOCC and Owner ("parties") agree as follows: 1. FINAL PLAT APPROVAL. The BOCC hereby accepts and approves the Final Plat of the Subdivision, on the date set forth above, subject to the terms and conditions of this SIA, the Preliminary Plan Approval, and the requirements of the Garfield County zoning and subdivision regulations and any other governmental or quasi -governmental regulations applicable to the Subdivision ("Final Plat Approval"). Recording of the Final Plat shall be in accordance with this SIA and at the time prescribed herein. 2. OWNER' S PERFORMANCE AS TO SUBDIVISION IMPROVEMENTS. Owner has caused to be constructed and installed all subdivision improvements("Subdivision Improvements") required in the Preliminary Plan approval, at Owner's expense, including payment of fees required by Garfield County and/or other governmental and quasi -governmental entities with jurisdiction. 3. SECURITY FOR SUBDIVISION IMPROVEMENTS. Because all improvements have been constructed, no security will be required. 4. FIRE PROTECTION WATER SUPPLY. Owner has installed, connected, and made operable the fire protection system in accordance with plans and specifications submitted by Owner's Engineer. Such fire protection system has been certified by Owner' s Engineer Further and approved by the Fire Protection District. ur.7innyy A"4444;1 The easement(s) neYessary for installation, operation, service and maintenance of such fire protection system shall be established as shown on the final plat for North Bell Ranch Subdivision. Owner shall deposit with the Garfield County Clerk and Recorder executed originals of the instruments of conveyance for easements appurtenant to the fire protection system, for recordation following recording of the Final Plat and this SIA. All facilities and equipment contained within the fire protection system shall be transferred by Owner to the Homeowners' Association of the Subdivision by bill of sale. Operation of the fire protection system shall be as set forth in the Declaration of Covenants, Conditions and Restrictions for North Bell Ranch. 5. INDEMNITY. The Owner shall indemnify and hold the BOCC harmless and defend the BOCC from all claims which may arise as a result of the Owner's installation of the Subdivision Improvements and any other agreement or obligation of Owner, related to development of the Subdivision, required pursuant to this SIA. The Owner, however, does not indemnify the BOCC for claims made asserting that the standards imposed by the BOCC are improper or the cause of the injury asserted, or from claims which may arise from the negligent acts or omissions of the BOCC or its employees. The BOCC shall notify the Owner of receipt by the BOCC of a notice of claim or a notice of intent to sue, and the BOCC shall afford the Owner the option of defending any such claim or action. Failure to notify and provide such written option to the Owner shall extinguish the BOCC's rights under this paragraph. Nothing in this paragraph shall be construed to constitute a waiver of the Sovereign Immunity granted to the BOCC by Colorado statutes and case law. 3 6. ROAD IMPACT FEE. Pursuant to the Garfield County subdivision regulations, a Road Impact fee of ($ ) has been established for the residential units within the Subdivision. Owner shall pay fifty percent (500), i.e., ($ ) of the Road Impact Fee to the Garfield County Treasurer at or prior to the time of recording of the Final Plat. The remaining 50%, i.e., ($ ), will be collected pro rata (i.e. $ from each lot owner at the time a building permit issues for a residence within the Subdivision. 7. FEES IN LIEU OF DEDICATION OF SCHOOL LAND. Owner shall make a cash deposit in lieu of dedicating land to the Garfield School District No. RE -2, calculated in accordance with the Garfield County subdivision regulations and the requirements of state law. The Owner and the BOCC acknowledge and agree that the cash in lieu payment for the Subdivision is calculated as follows: for the RE -2 School District, $200.00 per unit. The Owner agrees that it is obligated to pay the above -stated fee, accepts such obligations, and waives any claim that Owner is not required to pay the cash in lieu of land dedication fee. The Owner agrees that Owner will not claim, nor is Owner entitled to claim, subsequent to recording of the Final Plat of the Subdivision, a reimbursement of the fee in lieu of land dedication to the Garfield School District No. RE -2. 4 8. SALE OF LOTS. No lots, tracts, or parcels within the Subdivision may be separately conveyed prior to recording of the Final Plat in the records of the Garfield County Clerk and Recorder. 9. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As one remedy for breach of this SIA, the BOCC may withhold issuance of building permits for any residence or other habitable structure to be constructed within the Subdivision. Further, no building permit shall be issued unless the Owner demonstrates to the satisfaction of Oc/i/Ie "Yor.fnio/c) the Fire Protection District ("District") , if the Fire District has so required, that there is adequate water available to the construction site for the District's purposes. No certificates of occupancy shall issue for any habitable building or structure, including residences, within the Subdivision until all Subdivision Improvements have been completed and are operational as required by this SIA. 10. CONSENT TO VACATE PLAT. In the event the Owner fails to comply with the terms of this SIA, the BOCC shall have the ability to vacate the Final Plat as it pertains to any lots for which building permits have not been issued. As to lots for which building permits have been issued, the Plat shall not be vacated and shall remain valid. In such event, the Owner shall provide the BOCC a plat, suitable for recording, showing the location by surveyed legal description of any portion of the Final Plat so vacated by action of the BOCC. If such a Plat is not signed by the BOCC and recorded, or if such Plat is not 5 provided by the Owner, the BOCC may vacate the Final Plat, or portions thereof, by resolution. 11. ENFORCEMENT. In addition to any rights provided by Colorado statute; the withholding of building permits and certificates of occupancy, provided for in paragraph 9, above, and the provisions for plat vacation, detailed in paragraph 10, above, it is mutually agreed by the BOCC and the Owner, that the BOCC, without making an election of remedies, and any purchaser of any lot within the Subdivision shall have the authority to bring an action in the Garfield County District Court to compel enforcement of this SIA. Nothing in this SIA, however, shall be interpreted to require the BOCC to bring an action for enforcement or to withhold permits or certificates or to withdraw unused security or to vacate the Final Plat or a portion thereof, nor shall this paragraph or any other provision of this SIA be interpreted to permit the purchaser of a lot to file an action against the BOCC. 12. NOTICE BY RECORDATION. This SIA shall be recorded in the Office of the Garfield County Clerk and Recorder and shall be a covenant running with title to all lots, tracts and parcels within the Subdivision. Such recording shall constitute notice to prospective purchasers and other interested persons as to the terms and provisions of this SIA. 6 13. SUCCESSORS AND ASSIGNS. The obligations and rights contained herein shall be binding upon and inure to the benefit of the successors and assigns of the Owner and the BOCC. 14. CONTRACT ADMINISTRATION AND NOTICE PROVISIONS. The representatives of the Owner and the BOCC, identified below, are authorized as contract administrators and notice recipients. Notices required or permitted by this SIA shall be in writing and shall be effective upon the date of delivery, or attempted delivery if delivery is refused. Delivery shall be made in person, by certified return receipt requested U.S. Mail, receipted delivery service, or facsimile transmission, addressed to the authorized representatives of the BOCC and the Owner at the address or facsimile number set forth below: Owner: BOCC: 7 Nathan Bell and Tamara Bell 230 County Road 261 Silt, CO 81652 Board of County Commissioners of Garfield County, Colorado c/o Building & Planning Dir. 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Phone: (970) 945-8212 Fax: (970) 384-3470 1. AMENDMENT. This SIA may be modified, but only in writing signed by the parties hereto, as their interests then appear. Any such amendment shall be considered by the BOCC at a scheduled public meeting. Notwithstanding the foregoing, the parties may change the identification of notice recipients and contract administrators and the contact information provided i paragraph 18) above, in '-'74‘-'/6:1 6, � accordance with the provisions of that paragraph and without formal4) Jv f z) amendment of this SIA and without consideration at a BOCC meeting. qiL,l1 '� ,1 �q r 2. COUNTERPARTS. This SIA may be executed in counterparts,�C SAA each of which shall be deemed an original, and all of which, when taken v a _J JO. 0 _ �" together, shall be deemed one and the same instrument. (' t 3. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of or related to this SIA shall lie with the District Court of Garfield County, Colorado, and this SIA shall be construed according to the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have signed this SIA to be effective upon the date of Final Plat Approval for the Subdivision. BOARD OF COUNTY COMMISSIONERS ATTEST: OF GARFIELD COUNTY, COLORADO By: Clerk to the Board Chairman Date: OWNER Nathan Bell Tamara Bell Date: STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) Subscribed and sworn to before me by _Nathan Bell and Tamara Bell, Owner of the Subdivision, this day of 2008. WITNESS my had and official seal. My commission expires: Notary Public C:\Documents and Settings\Barb Clifton\My Documents\barb's docs\Real Estate\Bell -SIA.wpd 9 APPENDIX C County Treasurer Certificate Report Date: 03/21/2008 01:25PM GARFIELD COUNTY TREASURER Page: 1 CERTIFICATE OF TAXES DUE CERT #: 2008001349 SCHEDULE NO: R200694 ASSESSED TO: BELL, NATHAN J & TAMARA L (JT) 230 COUNTY ROAD 261 SILT, CO 81652 VENDOR NO: NATHAN BELL 230 COUNTY ROAD 261 SILT, CO 81652 LEGAL DESCRIPTION: SECT,TWN,RNG:31-5-91 DESC: A TR IN S2 OF SEC 31. BK:1944 PG:584 RECPT:726984 BK:1680 PG:0698 RECPT:672610 BK:1680 PG:222 RECPT:672537 BK:1146 PG:319-320 RECPT:550746 BK:1124 PG:949 RECPT:543997 BK:1124 PG:948 RECPT:543996 BK:1040 PG:0367 BK:1040 PG:0365 BK:0889 PG:0199 BK:0873 PG:0219 PRE:R200683 SPEC ASMT: SILT WATER PROJECT PARCEL: 2125-313-00-141 SITUS ADD: 000230 261 COUNTY RD SILT TAX YEAR 2007 CHARGE TAX TOTAL TAXES TAX AMOUNT INTEREST 1,220.52 0.00 TAX YEAR 2007 ASSESSMENT SILT PROJ TOTAL ASMT ASMT AMOUNT INTEREST 321.00 0.00 FEES 0.00 FEES 0.00 PAID TOTAL DUE 610.26 610.26 610.26 PAID TOTAL DUE 160.50 160.50 160.50 GRAND TOTAL DUE AS OF 03/21/2008 770.76 ORIGINAL TAX BILLING FOR 2007 TAX DISTRICT 020 - 2HC-SF Authority Mill Levy Amount GARFIELD COUNTY 6.825 180.52 BURNING MOUNTAIN FIRE 6.102 161.40 COLO RIVER WATER CONS 0.191* 5.05 SILT WATER CONS 0.671* 17.75 GRAND RIVER HOSPITAL 4.981* 131.75 SCHOOL DISTRICT RE -2 GEN/BOND 14.932 394.94 COLORADO MTN COLLEGE 3.997 105.72 GARFIELD ROAD & BRIDGE 2.300 60.83 GARFIELD HUMAN SERVICES 0.280 7.41 GARFIELD CAP EXPEND 4.250 112.41 GRAND RIVER HOSPITAL BOND 0.616 16.29 GARFIELD COUNTY PUBLIC LIBRARY 1.000 26.45 TAXES FOR 2007 * Credit Levy SILT WATER PROJECT 46.145* 1,220.52 321.00 Values AGRICULTURAL AGRICULTURAL TOTAL FEE FOR THIS CERTIFICATE 10.00 Actual Assessed 31,240 9,060 218,460 17,390 249,700 26,450 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - SEPTEMBER 1, 2008, REAL PROPERTY - OCTOBER 1, 2008 TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK, OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate account number, personal property taxes, transfer tax or misc. tax collected on behalf of other entities, special or local improvement district assessments or mobile homes, unless specifically mentioned. I, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from whiq the s me ma still be redeemed with the amount required for redemption are as noted herein. In witness whereof, I have hereunto s my nd a seal this 21st day of March, 2008. TREASURER, GARFIELD COUNTY, GEORGIA CHAMBERLAIN, BY 6J P. O. Box 1069 Glenwood Springs, CO 81602-1069 (970) 945-6382 APPENDIX D Protective Covenants DECLARATION OF PROTECTIVE COVENANTS NORTH BELL RANCH Garfield County, Colorado THIS DECLARATION OF COVENANTS is made and entered into by Nathan Bell and Tamara Bell (collectively "Declarant") on the day and year hereinafter set forth. WITNESSETH: The Declarants, owners in fee of that real property described as Lot 1, Lot 2 and Lot 3, North Bell Ranch Subdivision, Garfield County, Colorado, as described in the Final Plat of North Bell Ranch Subdivision recorded as Reception No. in the Office of the Garfield County Clerk and Recorder, 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 conditions of approval of Garfield County for North Bell Ranch Subdivision. NOW, THEREFORE, THE UNDERSIGNED hereby declare that Lot 1, Lot 2, and Lot 3, North Bell Ranch Subdivision, shall be held, sold and conveyed subject to the following covenants and conditions: ARTICLE 1 Single Family Residential Use 1.1 The Lots in North Bell Ranch Subdivision are developed for single family residential purposes only with all structures designed to blend into and complement the natural surroundings. 1.2 No more than one detached single family dwelling shall be erected upon any Lot, except for Lot 1 which shall be allowed to also have one Accessory Dwelling Unit (ADU) of not more than 1,500 square feet. Any such separate accessory dwelling unit shall be subject to the permitting requirements of Garfield County 1.3 In accordance with Colorado law, no structure shall be erected outside the Building Envelope on any Lot as defined and described in the Plat so as to (1) preserve the use, enjoyment and access of every other occupant of the Subdivision; (2) keep traffic flow amiable for construction, road construction, entering and exiting the property; and (3) promote neighborly conduct. 1.4 No structure shall be placed or located on any Lot in such a manner that will obstruct, divert or otherwise alter the natural water drainage courses and patterns. 1 1.5 The minimum size of each structure erected shall be not less than twelve hundred (1,200) square feet measured on the outside foundation walls, exclusive of open porches, garages, carports or barns except the ADU on Lot 1 which shall be not less than six hundred (600) square feet. 1.6 All structures shall be constructed of either brick, stone, lumber or a combination thereof. Stucco exterior covering is allowed. The use of cinder block shall not be allowed unless it is faced with another material herein approved. United States Forest Service and Colorado State Forester Wildfire Prevention guidelines should be incorporated into residential site planning and design. 1.7 No structure of a temporary character, trailer, basement, tent, shack, garage, barn or any other outbuildings of any description shall be used on any Lot, except on a temporary basis, not exceeding twelve months, by the construction company constructing a dwelling on a Lot. ARTICLE 2 Utility Lines No new gas lines, telephone lines or television cable shall be permitted unless said lines are buried underground and out of sight from their primary source at the Lot line to the dwelling and at the Owner's expense; provided however, that light and power lines may be overhead from the primary source to a source within the Lot if the distance is greater than 300 -feet from the primary source to the dwelling unit. ARTICLE 3 Pets and Animals 3.1 Not more than one dog of any age or breed shall be kept upon a lot at any time. In the event this covenant is violated, the owner in the lot 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. 3.2 All animals, including dogs and cats, must be kept within the boundary of the Lot and under the control of the Owner. All animals must be so maintained that they do not become a nuisance or annoyance to the neighborhood so as to unreasonably interfere with or disturb the use, enjoyment and access to any other occupant of the Lots. Permitted domestic animals shall not run at large, endanger or harass other animals, including wildlife, upon neighboring lands and public domain. 3.3 Lots 2 and 3 will be limited in the number of ranch -type animals permitted to be kept on the property to a maximum of two of any specific species (ie., horses, cattle, sheep, goats, pigs) with a total number of ranch -type animals not to exceed four animals (ie., two horses and two pigs) unless such animals become a nuisance at which time the maximum number of all ranch -type animals will be two animals. 2 ARTICLE 4 Fireplaces No open hearth, solid -fuel fireplaces will be allowed on any of the lots. One new solid -fuel burning stove, as defined by C.R.S. 25-7-401, et seq., and regulations promulgated thereunder, shall be permitted in a dwelling unit. Dwelling units shall be permitted an unrestricted number of natural gas or propane burning stoves and appliances. ARTICLE 5 Lighting All exterior lighting on either lot shall be the minimum reasonably necessary for the safe use of the premises, and to the extent possible, all exterior lighting shall be directed downward and toward the interior of the respective lots, except when absolutely necessary to provide for safety lighting on the premises. ARTICLE 6 Agricultural Living Colorado is a "Right -to -Farm" State pursuant to C.R.S. § 35-3-101, et seq. Landowners, 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. 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 or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as part of a legal and non -negligent agricultural operations. It should be understood that farming and ranching operations will continue on Lot 1 to include, but not be limited to, hay production operations and raising of ranch type animals (ie., horses, cattle, sheep, goats, pigs etc.). 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, 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 & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. ARTICLE 7 Water and Landscaping Restrictions The domestic water supply for each Lot shall be supplied from individual domestic wells which shall be constructed, maintained and operated by the Owner of the Lot served by any such well. All other water rights used on the Lots described herein shall be governed by the Rule and Regulations of the Silt Water Conservancy District as they apply to the use and enjoyment of the irrigation water. ARTICLE 8 Individual Sewage Disposal System Maintenance 8.1 Each residence shall contain at least one fully equipped bathroom, and all sewage shall be disposed of by means of an individual sewage disposal systems ("ISDS") which shall be approved by the Colorado State Health Department and local health agencies having jurisdiction thereof. Owners shall maintain such treatment facilities in good operating condition. 8.2 Each ISDS shall be designed by a professional engineer registered in the State of Colorado, pursuant to C.R.S. § 12-25-111 and shall adequately address the soil percolation conditions present at the Lot site, which percolation rates shall be verified through appropriate on-site testing. ARTICLE 9 Fire Protection System The Fire Protection System for the Subdivision is comprised of 5,000 gallon of water stored in a tank for fire protection uses only on Lot 1 within the fire storage easement shown on the final plat. The Declarant shall be responsible for installing and filling the fire protection tank and related facilities as is shown on the construction drawings submitted with the final plat approval. Subsequent to such installation, the Homeowners Association shall be responsible for refilling the tank, and maintaining and operating the facilities serving the fire protection system. Following the initial construction, the actual and continuing costs of operation, maintenance, repairing, replacement, refilling and all other work required on the fire water storage tank shall be paid by the Owners of Lot 1, without reimbursement by the Owners of Lots 2 and 3. ARTICLE 10 Conditions of County Approval The use of all Lots shall be in strict accordance with the conditions of approval and Plat restriction contained in the County Resolution approving the Park Subdivision, including but not limited to, the ISDS Management Plan, the Wildland Fire Home Fuel Mitigation Plan, and the Weed Management Plan approved by the Weed Management Director of Garfield County. All owners of Lots shall use and occupy their respective Lots in conformity with all governmental regulations applicable thereto. 4 ARTICLE 11 Re -Subdivision Prohibited The re -subdivision of any Lot is prohibited unless the subdivision process through Garfield County is completed for the majority of the property contained within Lot 1. ARTICLE 12 Enforcement / Homeowner's Association The undersigned declare themselves to be an unincorporated non-profit homeowners association pursuant to the Colorado Uniform Unincorporated Non -Profit Association Act, known as the North Bell Ranch Subdivision Homeowners Association for the purposes herein stated. The North Bell Ranch Subdivision Homeowners Association shall 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 Lots, their successors and assigns. In the event legal proceedings are brought against any party for the purpose of such enforcement, the prevailing party shall recover from the non -prevailing party all costs associated therewith, including, but not limited to, reasonable attorney's fees. ARTICLE 13 Governing Law This Declaration shall be construed and governed under the laws of the State of Colorado. ARTICLE 14 Severabilitv Each of the provisions of this Declaration shall be deemed independent and severable, and the invalidity or unenforceability or partial invalidity or partial unenforceability of any provision or portion hereof shall not affect the validity or enforceability of any other provision. ARTICLE 15 Term of Declaration Unless amended, each and every term, covenant, condition and restriction contained in this Declaration shall run with and bind the land, and shall be effective for a period of twenty years after the date this Declaration is recorded, and thereafter shall be automatically extended for successive periods of ten years each, but may, at any time, be amended or terminated by unanimous vote of the owners of each of the lots within the North Bell Ranch Subdivision, with the approval of the Board of Commissioners of Garfield County, Colorado. ARTICLE 16 Binding Effect This Declaration shall be binding upon and inure to the benefit of the declarants and their successors in interest and ownership of Lot 1, Lot 2, and Lot 3, North Bell Ranch Subdivision, and to any person or entity having any right, title or interest in either of said Lots, or any part thereof, their heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, the undersigned hereby state and declare that the foregoing Declaration of Protective Covenants for North Bell Ranch Subdivision shall be effective this day of , 2008. DATED this day of , 2008. Nathan Bell Tamara Bell STATE OF COLORADO ) ss. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me on this day of , 2008, by Nathan Bell and Tamara Bell. Witness my hand and official seal. My commission expires: 6 Notary Public APPENDIX E Driveway Permits Garfield County Road and Bridge Department P.O. Box 426 Rifle, CO 81650 Phone -(970)625-8601 Fax- (970)625-8627 Invoice Driveway Permit Number: GRB08-D-33 Invoice Date: 5/1/2008 Bill To: Nathan Bell 230 CR 261 Silt , CO 81652 $75.00 per Driveway Permit. Driveway Permit Fee: Total Due: Thank You! $75.00 $75.00 Garfield County Application for Driveway Permit Person Obtaining Permit: Nathan Bell Application Date: 5/1/2008 County Road Number: 233 District: Rifle Permit Number: GRB08-D-33 Termination Date: 7/30/2008 Inspector: Jake Mall hereby requests permission and authority from the Board of County Commissioners to construct a driveway approach (es) on the right-of-way off of County Road, 233, 500ft East of 261 and 233, located on the North side of road for the purpose of obtaining access to property. Applicant submits herewith for the consideration and approval of the Board of County Commissioners, a sketch of the proposed installation showing all the necessary specification detail including: 1. Frontage of lot along road. 2. Distance from centerline of road to property line. 3. Number of driveways requested 4. Width of proposed driveways and angle of approach. 5. Distance from driveway to road intersection, if any. 6. Size and shape of area separating driveways if more than one approach. 7. Setback distance of building(s) and other structure improvements. 8. No unloading of equipment on county road, any damage caused to county road will be repaired at subdivision expense. 9. Responsible for two years from the date of completion. General Provisions 1) The applicant represents all parties in interest, and affirms that the driveway approach (es) is to be constructed by him for the bona fide purpose of securing access to his property and not for the purpose of doing business or servicing vehicles on the road right of way. 2) The applicant shall furnish all labor and materials, perform all work, and pay all costs in connection with the construction of the driveway(s). All work shall be completed within thirty (30) days of the permit date. 3) The type of construction shall be as designated and/or approved by the Board of County Commissioners or their representative and all materials used shall be of satisfactory quality and subject to inspection and approval of the Board of County Commissioners or their representative. 4) The traveling public shall be protected during the installation with proper warning signs and signals and the Board of County Commissioners and their duly appointed agents and employee shall be held harmless against any action for personal injury or property damage sustained by any reason of the exercise of the Permit. 5) The Applicant shall assume responsibility for the removal or clearance of snow, ice, or sleet upon any portion of the driveway approach (es) even though deposited on the driveway(s) in the course of the County snow removal operations. 6) In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the entrance shall be surely braced before the fence is cut to prevent any slacking of the remaining fence and all posts and wire removed shall be turned over to the District Road Supervisor of the Board of County Commissioners. 7) No revisions or additions shall be made to the driveway(s) or its appurtenances on the right-of-way without written permission of the Board of County Commissioners. 8) Provisions and specifications outlined herein shall apply on all roads under the jurisdiction of the Board of County Commissioners of Garfield County, Colorado, and the Specifications, set forth on the attached hereof and incorporated herein as conditions hereof. 9) Final inspection of driveway will be required upon completion and must be approved by person issuing permit or representative of person issuing permit. The inspection and sign off must be done prior to any CO from the Building and Planning Department being issued. 10) Contractor agrees to all Provisions in Exhibit A. Special Conditions: 1. Driveway Width- 30ft 2. Culvert required? True Size: 15 inch by 30ft 3. Asphalt or concrete pad required? True Size of pad: 30ft Wide x l Oft long x 4in thick 4. Gravel portion required? True Length: 40ft 5. Trees, brush and/or fence need to be removed for visibility? False 6. Distance and Direction: 7. Certified Traffic Control Required? False 8. Work zone signs required? True In signing this application and upon receiving authorization and permission to install the driveway approach (es) described herein the Applicant signifies that he has read, understands and accepts the foregoing provisions and conditions and agrees to construct the driveway(s) in accordance with the accompanying specification plan reviewed and approved by the Board of County Commissioners. Signed: Nathan B Address: Telephone Number: Permit granted 5/1/2008, subject to the provisions, specifications and conditions stipulated herein. For Board of County Commissioners' of Garfield County, Colorado: Representative of Garfield County Road and Bridge Signature Specifications 1. A driveway approach is understood to be that portion of the county road right -of way between the pavement edge and the property line that is designed and used for the interchange of traffic between the roadway and abutting property. 2. At any intersection, a driveway shall be restricted for a sufficient distance from the intersection to preserve the normal and safe movement of traffic. (It is recommended for rural residence entrances that a minimum intersection clearance of 50 feet be provided and for rural commercial entrances a minimum of 100 feet be provided.) 3. All entrances and exits shall be so located and constructed that vehicles approaching or using them will be able to obtain adequate sight distance in both directions along the county road in order to maneuver safely and without interfering with county road traffic. 4. The Applicant shall not be permitted to erect any sign or display material, either fixed or movable, on or extending over any portion of the county road right-of-way. 5. Generally, no more than one approach shall be allowed any parcel or property the frontage of which is less than one hundred (100) feet. Additional entrances or exits for parcels having a frontage in excess of one hundred 100) feet shall be permitted only after showing of actual convenience and necessity. 6. All driveways shall be so located that the flared portion adjacent to the traveled way will not encroach upon adjoining property. 7. No commercial driveway shall have a width greater than thirty (30) feet measured at right angles to the centerline of the driveway except as increased by permissible radii. No noncommercial driveway shall have a width greater than twenty (20) feet measured at right angles to the centerline of the driveway, except as increased by permissible radii. 8. The axis of an approach to the road may be at a right angle to the centerline of the county road and of any angle between ninety (90) degrees and sixty (60) degrees but shall not be less than sixty (60) degrees. Adjustment will be made according to the type of traffic to be served and other physical conditions. 9. The construction of parking or servicing areas on the county road right-of-way is specifically prohibited. Commercial establishments for customer vehicles should provide off -the -road parking facilities. 10. The grade of entrance and exit shall slope downward and away from the road surface at the same rate as the normal shoulder slope and for a distance equal to the width of the shoulder but in no case less than twenty (20) feet from the pavement edge. Approach grades are restricted to not more than ten percent (10%). 11. All driveways and approaches shall be so constructed that they shall not interfere with the drainage system of the street or county road. The Applicant will be required to provide, at his own expense, drainage structures at entrances and exits, which will become an integral part of the existing drainage system. The Board of County Commissioners or their representative, prior to installation, must approve the dimensions and types of all drainage structures. Note: This permit shall be made available at the site where and when work is being done. A work sketch or drawing of the proposed driveway(s) must accompany application. No permit will be issued without drawing, blueprint, or sketch. Garfield County Road and Bridge Department P.O. Box 426 Rifle, CO 81650 Phone -(970)625-8601 Fax- (970)625-8627 Invoice Driveway Permit Number: GRB08-D-32 Invoice Date: 5/1/2008 Nathan Bell 230 CR 261 Silt ,C0 81652 $75.00 per Driveway Permit. Driveway Permit Fee: Total Due: Thank You! $75.00 $75.00 Garfield County Application for Driveway Permit Person Obtaining Permit: Nathan Bell Application Date: 5/1/2008 County Road Number: 261 District: Rifle Permit Number: GRB08-D-32 Termination Date: 7/30/2008 Inspector: Jake Mall hereby requests permission and authority from the Board of County Commissioners to construct a driveway approach (es) on the right-of-way off of County Road, 261, 270ft South of 230 CR 261, located on the East side of road for the purpose of obtaining access to property. Applicant submits herewith for the consideration and approval of the Board of County Commissioners, a sketch of the proposed installation showing all the necessary specification detail including: 1. Frontage of lot along road. 2. Distance from centerline of road to property line. 3. Number of driveways requested 4. Width of proposed driveways and angle of approach. 5. Distance from driveway to road intersection, if any. 6. Size and shape of area separating driveways if more than one approach. 7. Setback distance of building(s) and other structure improvements. 8. No unloading of equipment on county road, any damage caused to county road will be repaired at subdivision expense. 9. Responsible for two years from the date of completion. General Provisions 1) The applicant represents all parties in interest, and affirms that the driveway approach (es) is to be constructed by him for the bona fide purpose of securing access to his property and not for the purpose of doing business or servicing vehicles on the road right of way. 2) The applicant shall furnish all labor and materials, perform all work, and pay all costs in connection with the construction of the driveway(s). All work shall be completed within thirty (30) days of the permit date. 3) The type of construction shall be as designated and/or approved by the Board of County Commissioners or their representative and all materials used shall be of satisfactory quality and subject to inspection and approval of the Board of County Commissioners or their representative. 4) The traveling public shall be protected during the installation with proper warning signs and signals and the Board of County Commissioners and their duly appointed agents and employee shall be held harmless against any action for personal injury or property damage sustained by any reason of the exercise of the Permit. 5) The Applicant shall assume responsibility for the removal or clearance of snow, ice, or sleet upon any portion of the driveway approach (es) even though deposited on the driveway(s) in the course of the County snow removal operations. 6) In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the entrance shall be surely braced before the fence is cut to prevent any slacking of the remaining fence and all posts and wire removed shall be turned over to the District Road Supervisor of the Board of County Commissioners. 7) No revisions or additions shall be made to the driveway(s) or its appurtenances on the right-of-way without written permission of the Board of County Commissioners. 8) Provisions and specifications outlined herein shall apply on all roads under the jurisdiction of the Board of County Commissioners of Garfield County, Colorado, and the Specifications, set forth on the attached hereof and incorporated herein as conditions hereof. 9) Final inspection of driveway will be required upon completion and must be approved by person issuing permit or representative of person issuing permit. The inspection and sign off must be done prior to any CO from the Budding and Planning Department being issued. 10) Contractor agrees to all Provisions in Exhibit A. Special Conditions: 1. Driveway Width- 30ft 2. Culvert required? False Size: by 3. Asphalt or concrete pad required? False Size of pad: 4. Gravel portion required? True Length: 40ft 5. Trees, brush and/or fence need to be removed for visibility? False 6. Distance and Direction: 7. Certified Traffic Control Required? False 8. Work zone signs required? True In signing this application and upon receiving authorization and permission to install the driveway approach (es) described herein the Applicant signifies that he has read, understands and accepts the foregoing provisions and conditions and agrees to construct the driveway(s) in accordance with the accompanying specification plan reviewed and approved by the Board of County Commissioners. Signed: Nathan Bell Address: Telephone Number: Permit granted 5/1/2008, subject to the provisions, specifications and conditions stipulated herein. For Board of County Commissioners' of Garfield County, Colorado: Representative of Garfield County Road and Bridge Signature Specifications 1. A driveway approach is understood to be that portion of the county road right -of way between the pavement edge and the property line that is designed and used for the interchange of traffic between the roadway and abutting property. 2. At any intersection, a driveway shall be restricted for a sufficient distance from the intersection to preserve the normal and safe movement of traffic. (It is recommended for rural residence entrances that a minimum intersection clearance of 50 feet be provided and for rural commercial entrances a minimum of 100 feet be provided.) 3. All entrances and exits shall be so located and constructed that vehicles approaching or using them Nvi11 be able to obtain adequate sight distance in both directions along the county road in order to maneuver safely and without interfering with county road traffic. 4. The Applicant shall not be permitted to erect any sign or display material, either fixed or movable, on or extending over any portion of the county road right-of-way. 5. Generally, no more than one approach shall be allowed any parcel or property the frontage of which is less than one hundred (100) feet. Additional entrances or exits for parcels having a frontage in excess of one hundred 100) feet shall be permitted only after showing of actual convenience and necessity. 6. All driveways shall be so located that the flared portion adjacent to the traveled way will not encroach upon adjoining property. 7. No commercial driveway shall have a width greater than thirty (30) feet measured at right angles to the centerline of the driveway except as increased by permissible radii. No noncommercial driveway shall have a width greater than twenty (20) feet measured at right angles to the centerline of the driveway, except as increased by permissible radii. 8. The axis of an approach to the road may be at a right angle to the centerline of the county road and of any angle between ninety (90) degrees and sixty (60) degrees but shall not be less than sixty (60) degrees. Adjustment will be made according to the type of traffic to be served and other physical conditions. 9. The construction of parking or servicing areas on the county road right-of-way is specifically prohibited. Commercial establishments for customer vehicles should provide off -the -road parking facilities. 10. The grade of entrance and exit shall slope downward and away from the road surface at the same rate as the normal shoulder slope and for a distance equal to the width of the shoulder but in no case less than twenty (20) feet from the pavement edge. Approach grades are restricted to not more than ten percent (10%). 11. All driveways and approaches shall be so constructed that they shall not interfere with the drainage system of the street or county road. The Applicant will be required to provide, at his own expense, drainage structures at entrances and exits, which will become an integral part of the existing drainage system. The Board of County Commissioners or their representative, prior to installation, must approve the dimensions and types of all drainage structures. Note: This permit shall be made available at the site where and when work is being done. A work sketch or drawing of the proposed driveway(s) must accompany application. No permit will be issued without drawing, blueprint, or sketch. APPENDIX F Water Supply Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 NATHAN & TAMARA BELL 230 COUNTY ROAD 261 SILT, CO 81652- (970) 876-2367 PERMIT TO CONSTRUCT A WELL LIC WELL PERMIT NUMBER 174076 A DIV. 5 WD 39 DES. BASIN MD APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SW 1/4 Section 31 Township 5 S Range 91 W Sixth P.M. DISTANCES FROM SECTION LINES 840 Ft. from South Section Line 560 Ft. from West Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 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 ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. Approved pursuant to CRS 37-92-602(3)(c) for the relocation of an existing well, permit no. 174076. The old well must be plugged in accordance with Rule 16 of the Water Well Construction Rules within ninety (90) days of completion of the new well. The enclosed Well Abandonment Report form must be completed and submitted to affirm that the old well was plugged. Approved as the only well on a tract of land of 35.23 acres described as that portion of the SW 1/4 of the SW 1/4, Sec. 31, Twp. 5 South, Rng. 91 West, 6th P.M., Garfield County, more particularly described on the attached exhibit A. Further identified as 230 County Road 261, Silt, CO 81652. 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 watering of poultry, domestic animals and livestock on a farm or ranch and the irrigation of not more than one (1) acre of home gardens and lawns. 6) The pumping rate of this well shall not exceed 15 GPM. 7) The return flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 8) This well shall be constructed not more than 200 feet from the location specified on this permit. NOTE: Permit no. 272033 was also issued for this parcel. NOTE: Parcel Identification Number (PIN): 23-2125-313-00-141 NOTE: Assessor Tax Schedule Number: R200694 (totaling 35.23 acres) /�oS/ o0 7 APPROVED DMW e State Engineer Receipt No. 9502701A DATE ISSUED 01-05-2007 By EXPIRATION DATE 01-05-2009 , Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 NATHAN & TAMARA BELL 230 COUNTY ROAD 261 SILT, CO 81652- (970) 876-2367 PERMIT TO USE AN EXISTING WELL 1 EXST WELL PERMIT NUMBER 66441 - F DIV. 5 WD 39 DES. BASIN MD Lot: 2 Block: Filing: Subdiv: NORTH BELL RANCH APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SW 1/4 Section 31 Township 5 S Range 91 W Sixth P.M. DISTANCES FROM SECTION LINES 900 Ft. from South Section Line 50 Ft. from West Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 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 ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating groundwater tributary to the Colorado River, on the condition that this well is operated only when the Silt Mesa Substitute Water Supply Plan (based on the filing of case no. 05CW296, Division 5 Water Court), is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water is in effect, or under an approved plan for augmentation. This well is accounted for under WDWCD contract #S070322NTB#2(a). Approved as a well on a residential site of 2.1 acre(s) described as lot 2, North Bell Ranch Subdivision, Garfield County. Further identified as 230 County Road 261, Silt, CO 81652. Approved for the use of, an existing well, constructed on March 1, 1994, to a depth of 100 feet, with a pump being installed March 14, 1994, under permit no. 174076 (canceled). Issuance of the permit hereby cancels permit no. 174076. 6) The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling, the irrigation of not more than one acre (43,560 square feet) of home gardens and lawns, and the watering of two (2) head domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as Bell Well no. 2. 7) The pumping rate of this well shall not exceed 15 GPM. 8) The average annual amount of ground water to be appropriated shall not exceed 3.004 acre-foot (978,853 gallons). 9) The owner shall mark the well in a conspicuous place with the well permit number and name of aquifer as appropriate, and shall take necessary means and precautions to preserve these markings. 10) This well shall be located not more than 200 feet from the location specified on this permit. 11) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. NOTE: Replacement well permit no. 174076- A issued January 5, 2007 and constructed on January 23, 2007, to a depth of 200 feet, is valid and full force and effect. NOTE: Parcel Identification Number (PIN): 23-2125-313-00-141 L2 NOTE: Assessor Tax Schedule Number: R200694 (totaling 35.7 acres) i r25�d:7 } APPROVED DMW Receipt No. 9502908A State Engineer DATE ISSUED 10-25-2007 , By EXPIRATION DATE 10-25-2008 ) APPLICATION TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT 109 West Fourth Street, P. 0. Box 1478, Rifle, Colorado 81650 Contract #S070322NTB#2(a) Map #S57 Date Activated 3/22/07 Fax: (970) 625-2796 Telephone: (970) 625-5461 1. APPLICANT INFORMATION Name: Nathan and Tamara Bell Mailing address: 230 County Road 261 Silt. CO 81652 Telephone: 970-876-2367 Authorized agent: 2. COURT CASE #'s: Decree Case No. Augmentation Plan Case No. 3. USE OF WATER OO RESIDENTIAL (check applicable boxes) O Ordinary household use Number of dwellings: 1 ❑ Subdivision: No. constructed units: No. vacant lots 0 Home garden/lawn irrigation of 43560 sq. ft. Method of irrigation: 0 flood ❑O sprinkler 0 drip 0 other ❑'Non-commercial animal watering of .) animals ❑ Fire Protection ❑ Evaporation: Maximum water surface to be exposed: Description of any use, other than evaporation, and method of diversion, rate of diversion, and annual amount of diversion of any water withdrawn from the pond: Well Sharing Agreement for multiple owner wells must be submitted If greater than two owners, application must be made under a homeowners association. ❑ COMMERCIAL (check applicable boxes) Number of units: Total sq. ft. of commercial units: Description of use: ❑ INDUSTRIAL Description of use: Evaporation: Maximum water surface to be exposed: Description of any use, other than evaporation, and method of diversion, rate of diversion, and annual amount of diversion of any water withdrawn from the pond: ❑ MUNICIPAL Description of use: ❑ DIRECT PUMPING Tributary: Location: 4. SOURCE OF WATER Structure: well Structure Name: Bell Well #2 Source: ❑Surface ❑Storage OGround water Current Permit # (attach copy) 5. LOCATION OF STRUCTURE Garfield SW1/4 SW1/4 County Quarter/quarter Quarter 31 5 S. 91 W. Section Township Range Distance of well from section lines: 900' from South line, 50' from West line 6th P. M. Elevation: 5680 Well location address: 230 County Road 261, Silt CO 81652 (Attach additional pages for multiple structures) 6. LAND ON WHICH WATER WILL BE USED (Legal description mciv be provided as an attachment.) Pending Lot 2 of the North Bell Ranch Subdivision - see legal attached Number of acres in tract: 2.06 Inclusion into the District, at Applicant's expense, may be required. 7. TYPE OF SEWAGE SYSTEM 0 Septic tank/absorption leach field ❑Central system ❑Other District name: 8. VOLUME OF LEASED WATER NEEDED IN ACRE FEET: 2.18 (minimum of 1 acre foot except augmentation from Alsbury Reservoir where a lesser amount is allowed) Provide engineering data to support volume of water requested. Commercial, municipal, and industrial users must provide diversion and consumptive data on a monthly basis. A totalizing flow meter with remote readout is required to be installed and usage reported to West Divide. Applicant expressly acknowledges it has had the opportunity to review the District's form Water Allotment Contract and agrees this application is made pursuant andrsubject to the terms and conditions contained therein. Ap licant Signature..1164" \—t\f\(\f\-6l..A Applicant Signature Application Date: s3 -D 7 ISSUED AS AREA B CONTRACT YES NO The printed portions of this form, except differentiated additions or deletions, have been approved and adopted by the West Divide Water Conservancy District. Form # WDWCD 050901 APP JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL APPLICANT: Be02 (1) (2) WEST DIVIDE WATER CONSERVANCY DISTRICT WATER USE ESTIMATES DWELLING UNITS: 1 IRRIGATED AREA (SQ FT): 43560 NO. OF LIVESTOCK: 2 ELEVATION (MSL): 5680 (3) (4) (5) Contract Amount w/ 5% transit Loss = 2.18 acre feet (6) (7) (8) (9) (10) Transit Loss= 5.0% (12) In House Diversion per Unit (AF) In House C.U. per Unit (AF) Irrigation Diversion (ft) Irrigation C.U. (ft) In House Diversion (AF) In House C.U. (AF) Irrigation Diversion (AF) Irrigation C.U. (AF) Livestock Diversion & C.U. (AF) Total Diversion (AF) Total C.U. (AF) Total Contract Amount (AF) 0.029 0.004 0.03 0.004 0.00 0.00 0.002 0.032 0.006 0.007 0.026 0.004 0.03 0.004 0.00 0.00 0.002 0.029 0.006 0.006 0.029 0.004 0.03 0.004 0.00 0.00 0.002 0.032 0.006 0.007 0.028 0.004 0.086 0.069 0.03 0.004 0.09 0.07 0.002 0.122 0.075 0.079 0.029 0.004 0.384 0.307 0.03 0.004 0.38 0.31 0.002 0.435 0.313 0.329 0.028 0.004 0.550 0.440 0.03 0.004 0.55 0.44 0.002 0.609 0.446 0.468 0.029 0.004 0.588 0.470 0.03 0.004 0.59 0.47 0.002 0.649 0.476 0.500 0.029 0.004 0.466 0.373 0.03 0.004 0.47 0.37 0.002 0.522 0.379 0.398 0.028 0.004 0.330 0.264 0.03 0.004 0.33 0.26 0.002 0.378 0.270 0.284 0.029 0.004 0.096 0.077 0.03 0.004 0.10 0.08 0.002 0.133 0.083 0.088 0.028 0.004 0.03 0.004 0.00 0.00 0.002 0.031 0.006 0.006 0.029 0.004 0.03 0.004 0.00 0.00 0.002 0.032 0.006 0.007 0.336 0.050 2.500 2.000 0.34 0.050 2.50 2.00 0.025 3.004 2.075 2.179 (1) (2) (3) (4) (5) (6) 300 gallons per day per residence 15% consumptive use for ISDS systems 80% irrigation efficiency for sprinkler systems Blaney Griddle assessment with Pochop adjustments Column (1) * number of dwelling units Column (2) * number of dwelling units Column (3) * irrigated area in acres Column (4) * irrigated area in acres Livestock use at 11 gallons per head per day (99CW320) Column (5) + Column (7) + Column (9) plus 5% transit loss Column (6) + Column (8) + Column (9) Column (11) plus transit loss Colorado River Engineering, Inc. water use estimates - Be112.xls 3/12/2007 LEGAL DESCRIPTION A Tract of land in the S1/2 of Section 31, Township 5 S., Range 91 W., of the 6th P.M. being more particularly described as follows: Beginning at a point on the West line of said Section 31, whence the W1/4 Corner of said Section bears N 01°07'25" E 1346.81 feet; Thence S 89°59'03" E, 655.56 feet; Thence S 0°09'21" E, 268.53 feet; Thence S 88°46'11" E, 102.42 feet; Thence S 01°13'49" W, 225.40 feet; Thence N 63°57'25" E, 301.52 feet; Thence N 85°25'54" E, 328.67 feet; Thence N 65°23'41" E, 60.93 feet; Thence N 01°06'26" E, 89.01 feet; Thence N 89°41'13" E, 576.82 feet; Thence S 00°15'20" W, 699.19 feet to a point on the northerly line of the Pretti S.B. 35 Exemption Plat prepared by Landmark Services in 1987; Thence along said northerly line N 61°35'19" W 48.64; Thence along said northerly line 540.37 feet along the arc of a curve to the left having a radius of 596.99 feet and a central angle of 51°51'43", the chord of which bears N 85°21'51" W, 566.26 feet; Thence along said northerly line S 66°33'08" W, 270.00 feet to a point on the northerly line of the Pretti Subdivision Exemption as recorded I the office of the Garfield County Clerk and Recorder in 1989; Thence along said northerly Exemption line N 48°36'48" W, 260.87 feet; Thence along said northerly Exemption line N 89°58'29" W, 290.36 feet; Thence along said northerly Exemption line S 59°43'02" W, 277.38 feet; Thence along said northerly Exemption line S 07°09'45" W, 400.26 feet to a point on the southerly line of said Section 31; Thence along said southerly line S 89°51'09" W, 421.98 feet to the Southwest Corner of said Section 31; Thence N 01°07'25" E, 1346.81 feet to the point of beginning, containing 35.23 acres more or less. :•..56.98 ; / , Contract #S070322NTB#2(a) Map #S57 Date Activated 3/22/07 WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT Name of Applicant: Na /A,61,4. avyit Quantity of Water in Acre Feet: ? < 18 Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of C.R.S. 1973, §37-45-101, et seq., (hereinafter referred to as the "District") for an allotment contract to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this Contract and the attached Application, Applicant hereby agrees to the following terms and conditions: 1. Water Rights: Applicant shall own water rights at the point of diversion herein lawfully entitling 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. 2. Quantity: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the 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 controlled by the District. 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 District's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terms and conditions of this Contract. The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein provided, Applicant may so notify the District in writing, and the amount of water allotted under this Contract shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and Location of Beneficial 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 uses, or commercial (except for commercial use from Alsbury Reservoir and except to the extent that Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract No. 2-07-70-W0547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's control. 4. Decrees and Delivery: Exchange releases made by the 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 the District, shall be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources, and release or delivery of water at 1 such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir or Green Mountain Reservoir shall be subject to the District's lease contracts with the United States Bureau of Reclamation. Releases from other facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (October 1), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado Division of Water Resources to estimate any conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case. Water service provided by the District for properties located within the Bluestone and Silt Water Conservancy Districts is provided pursuant to Agreements with said Districts. The Intergovernmental Agreement between the District and the Silt Water Conservancy District, dated January 25, 2001, is recorded as Reception No. 575691, Garfield County Clerk and Recorder's Office. The Intergovernmental Memorandum of Understanding between the District and the Bluestone Water Conservancy District, dated April 26, 2001, is recorded as Reception No. 584840, Garfield County Clerk and Recorder's Office. 5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant. The District reserves the right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated herein, and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted under this Contract. In the event the Applicant intends 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. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under Paragraph 19 below. In any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof. 6. Contract Payment: Non-refundable, one time administrative charge, in the amount determined by the Board of Directors of the District from time to time, shall be submitted with the application for consideration by the District. 2 Annual payment for the water service described herein shall be determined by the Board of Directors of the District. The initial annual payment shall be made in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the initial payment shall apply and the price which is applicable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. If an annual 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, return receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set forth in this 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 annual rate in its sole discretion for future years only. If payment is not made within fifteen (15) days after the date of said written notice, Applicant shall at District's sole option have no further right, title or interest under this Contract without further notice, and delivery may be immediately curtailed. The allotment of water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District. Upon cancellation of this water allotment Contract with the District, 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 hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8. Assignment: This Contract shall not inure to the benefit of the heirs, successors or assigns of Applicant, without the prior written consent of the District's Board of Directors. Any assignment of Applicant's rights under this Contract shall be subject to, and must comply with, such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment Contracts. No assignment shall be recognized by the District except upon completion and filing of proper 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 Applicant's rights hereunder to: 1) No more than three separate owners all of whom shall be party to a well sharing agreement satisfactory to the District; or 2) A homeowners association, water district, water and sanitation district 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 district establishes to the satisfaction of the District that it has the ability and authority to perform the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this Contract have any rights hereunder, except as such rights may exist pursuant to a well sharing agreement or through a homeowners association or special district as provided above. Upon the sale of the real property to which this Contract pertains, Applicant shall make buyer aware of this Contract and proper forms for assignment and change of ownership must be completed. 3 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law. 10. Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement" with the District under terms and conditions determined by the board of Directors of the District, if and when, the Board of said District determines in its sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for additional annual monetary consideration for extension of District delivery services and for additional administration, operation, and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant. 11. Change of Use: The District reserves the exclusive right to review, reapprove or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property 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 use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, shall be deemed to be a material breach of this agreement. 13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal fee title interest in or to any water or water rights referred to herein. 14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict actual diversions to not exceed the contract amount, which provides water (on the formula of one acre foot per dwelling) for ordinary household purposes inside one single family dwelling, the watering of domestic livestock, fire protection, and the irrigation of lawn and garden as specified in the Application. Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Watering of livestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestock watering, provided that in no event shall actual diversions exceed the amount of water provided by this Contract. Violation of this paragraph 15 shall be deemed to be a material breach of this Contract. 16. Well Permit: If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well permit before District is obligated to deliver any water hereunder. 4 17. Measuring Device or Meter: Applicant agrees to provide, at its own expense, a measuring device deemed acceptable by the District's Engineer after consultation, or a totalizing flow meter with remote readout to continuously and accurately measure at all times all water diverted pursuant to the terms of Applicant's water right and the terms of this Contract. Applicant agrees to provide accurate readings from such device or meter to District 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 Contract, Applicant hereby specifically allows District, through its authorized agent, to enter upon Applicant's property during ordinary business hours for the purposes of determining Applicant's actual use of water. 18. Representations: By executing this Contract, Applicant agrees that it is not relying on any legal or engineering advice that Applicant may believe has been received from the District. Applicant further acknowledges that it has obtained all necessary legal and engineering advice from Applicant's own sources other than the District. 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 contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund from the District. 19. Costs of Water Court Filing and Augmentation Plan: Should the District, in its own discretion, choose to include Applicant's Contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's 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 -rata 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 specifically due to the inclusion of Applicant's Contract in the filing, such additional costs may be charged specifically to Applicant and not shared on a pro -rata basis by all contractees. 20. Binding Agreement: This agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application to Lease Water From West Divide Water Conservancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. All correspondence from the 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. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. 22. AREA B. CONTRACTS: IF APPLICANT'S WELL OR OTHER WATER RIGHT THAT IS THE SUBJECT OF THIS CONTRACT IS LOCATED OUTSIDE "AREA A" AS DESIGNATED BY THE DISTRICT, THEN THIS PARAGRAPH APPLIES: THE AUGMENTATION WATER PROVIDED BY THE DISTRICT UNDER THIS CONTRACT MAY ONLY PROTECT APPLICANT"S WATER RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER SENIOR RIGHT. NO REPRESENTATION OTHERWISE IS MADE BY THE DISTRICT. IF THIS ISA CONCERN TO APPLICANT, THIS CONTRACT MAY BE RESCINDED UPON WRITTEN NOTICE DELIVERED TO THE DISTRICT BY THE APPLICANT WITHIN THE 5 NEXT 30 DAYS FOLLOWING THE AFFIXING OF SIGNATURES ON THIS CONTRACT 1N WHICH EVENT ALL SUMS PAID BY APPLICANT FOR THIS CONTRACT SHALL BE IMMEDIATELY REFUNDED TO APPLICANT. Applicant STATE OF 6/0 COUNTY OF 4jrleie%d The aforegoing instrument was at/um gC// STATE OF /40S0rdat0 COUNTY OF 4:21" field ) ss. My Com ission Expires 01/04/2009 acknowledged before me on this !3 day The foregoing instrument was 7:2"7/-1 St a ) ss. of /7 I-t?6 , 20 0 , by ial seal. My commission expires: ` i#ni . rry 0' i...200 ? . My Commission Expires 01/04/2009 acknowledged before me on this /it§ day of Notary Public , 20 0 9 , by . Witness my hand and official seal. My commission expires: Jdr?ut?ry 01/1 .?00? , 4. 3 . rV ILA.ov 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 District. WEST DIVIDE WATER CONSERVANCY DISTRICT President 3/2, 7/) Date This Contract includes and is subject to the terms and conditions of the following documents which must accompany this Contract: 1. Map showing location of point of diversion (use map provided) 2. Application and Data Form fully completed and signed The printed portions of this form, except differentiated additions or deletions, have been approved and adopted by the West Divide Water Conservancy District. Form #WDWCD 050901 CONTRACT. 6 Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 NATHAN & TAMARA BELL 230 COUNTY ROAD 261 SILT, CO 81652- (970) 876-2367 PERMIT TO CONSTRUCT A WELL ISSUANCE OF THS PERMIT DOES NOT CONFER A WATER 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 ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from 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 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(!) for uses as described in CRS 37-92-602(1)(f). Use of this well is limited to monitoring water levels and/or water quality sampling. This well is known as Bell Monitoring/Observation Well no. 1. 4) Approved as a well on a tract of land of 35.23 acres described as that portion of the SW 1/4 of the SW 1/4, Sec. 31, Twp. 5 South, Rng. 91 West, 6th P.M., Garfield County, more particularly described on the attached exhibit A. Further identified as 230 County Road 261, Silt, CO 81652. 5) This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well. The well must be kept capped and locked at all times except during sampling or measuring. 6) Records of water level measurements and water quality analyses shall be maintained by the well owner and submitted to the Division of Water Resources upon request. 7) Upon conclusion of the monitoring program the well owner shall plug this well in accordance with Rule 16 of the Water Well Construction Rules. A Wet Abandonment Report must be completed and submitted to the Division of Water Resources within 60 days of plugging. 8) The owner shall mark the well in a conspicuous place with the well permit number and name of aquifer as appropriate, and shall take necessary means and precautions to preserve these markings. 9) This well must be constructed by or under the supervision of a licensed well driller or other authorized individual according to the Water Well Construction Rules. If non-standard construction is anticipated, a variance request must be submitted in accordance with Rule 18 and approved prior to well construction. 10) A Well Construction and Test Report (Form GWS -31), including lithologic log must be submitted by the individual authorized to construct the well. For non-standard construction, the report must include an as -built drawing showing details such as depth, casing, perforated zones, and a__ description of the grouting type and interval. 11) This well shall be constructed not more than 200 feet from the location specified on this permit. NOTE: Permit no. 174076 & 174076-A were previously issued for this parcel. - NOTE: Parcel Identification Number (PIN): 23-2125-313-00-141 7 NOTE: Assessor Tax Schedule Number: R200694 (totaling 35.23 acres) LIC WELL PERMIT NUMBER 272033 DIV. 5 WD 39 DES. BASIN MD APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SW 1/4 Section 31 Township 5 S Range 91 W Sixth P.M. DISTANCES FROM SECTION LINES 780 Ft. from South Section Line 180 Ft. from West Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: APPROVED DMW State Engineer By Receipt No. 9502701B DATE ISSUED 01-05-2007 EXPIRATION DATE 01-05-2009 APPLICATION TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT 109 West Fourth Street, P. O. Box 1478, Rifle, Colorado 81650 Contract #S070322NTB#3(a) Map #S58 Date Activated 3/22/07 Fax: (970) 625-2796 Telephone: (970) 625-5461 1. APPLICANT INFORMATION Name: Nathan and Tamara Bell Mailing address: 230 County Road 261 Silt. CO 81652 Telephone: 970-876-2367 Authorized agent 2. COURT CASE #'s: Decree Case No. Augmentation Plan Case No. 3. USE OF WATER 0 RESIDENTIAL (check applicable boxes) ❑Q Ordinary household use Number of dwellings: 2 ❑ Subdivision: No. constructed units: No. vacant lots p Home garden/lawn irrigation of 43560 sq. ft. r0.} ai Method of irrigation: 0 flood 0 sprinkl5r 0 drip 0 other ©Non-commercial animal watering of animals ❑ Fire Protection ❑ Evaporation: Maximum water surface to be exposed: Description of any use, other than evaporation, and method of diversion, rate of diversion, and annual amount of diversion of any water withdrawn from the pond: Well Sharing Agreement for multiple owner wells must be submitted. If greater than two owners, application must be made under a homeowners association. ❑ COMMERCIAL (check applicable boxes) Number of units: Total sq. ft. of commercial units: Description of use: ❑ INDUSTRIAL Description of use: Evaporation: Maximum water surface to be exposed: Description of any use, other than evaporation, and method of diversion, rate of diversion, and annual amount of diversion of any water withdrawn from the pond: ❑ MUNICIPAL Description of use: ❑ DIRECT PUMPING Tributary: Location: 4. SOURCE OF WATER Structure: well Structure Name: Bell Well #3 Source: ❑Surface ❑Storage OGround water Current Permit # 272033 (attach copy) 5. LOCATION OF STRUCTURE Garfield SW1/4 County Quarter/quarter 31 Section 5 S. Township Distance of well from section lines: 780' from South line, 180' from West line SW1/4 Quarte 91 W. Range 6th P. M. Elevation: 5680 Well location address: 230 County Road 261, Silt CO 81652 (Attach additional pages for multiple structures) 6. LAND ON WHICH WATER WILL BE USED (Legal description may be provided as an attachment) Pending Lot 3 and 4 of the North Bell Ranch Subdivision - see legal attached Number of acres in tract: 6.30 Inclusion into the District, at Applicant's expense, may be required. 7. TYPE OF SEWAGE SYSTEM 0 Septic tank/absorption leach field ❑Central system ❑Other District name: 8. VOLUME OF LEASED WATER NEEDED IN ACRE FEET: 2.26 (minimum of 1 acre foot except augmentation from Alsbury Reservoir where a lesser amount is allowed) Provide engineering data to support volume of water requested Commercial, municipal, and industrial users must provide diversion and consumptive data on a monthly basis. A totalizing flow meter with remote readout is required to be installed and usage reported to West Divide Applicant expressly acknowledges it has had the opportunity to review the District's form Water Allotment Contract and agrees this application is made pursuant and subject to the terms and conditions contained therein. Ap icant Signature \O:P�.� t 4/6 Applicant Signature Application Date: ISSUED AS AREA B CONTRACT YES �NO The printed portions of this form, except differentiated additions or deletions, have been approved and adopted by the West Divide Water Conservancy District. Form # WDWCD 050901 APP JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL WEST DIVIDE WATER CONSERVANCY DISTRICT WATER USE ESTIMATES APPLICANT: Be112 (1) In House Diversion per Unit AF 0.029 0.026 0.029 0.028 0.029 0.028 0.029 0.029 0.028 0.029 0.028 0.029 DWELLING UNITS: 2 IRRIGATED AREA (SQ FT): 43560 NO. OF LIVESTOCK: 4 ELEVATION (MSL): 5680 (2) In House C.U. per Unit (AF) 0.004 0.004 0.004 0.004 0.004 0.004 0.004 0.004 0.004 0.004 0.004 0.004 (3) (4) (5) Irrigation Diversion (ft) 0.086 0.384 0.550 0.588 0.466 0.330 0.096 Contract Amount w/ 5% transit Loss = 2.26 acre feet (6) Irrigation C.U. (ft) 0.069 0.307 0.440 0.470 0.373 0.264 0.077 0.336 0.050 2.500 2.000 In House Diversion (AF) 0.06 0.05 0.06 0.06 0.06 0.06 0.06 0.06 0.06 0.06 0.06 0.06 In House C.U. (AF) 0.009 0.008 0.009 0.008 0.009 0.008 0.009 0.009 0.008 0.009 0.008 0.009 Transit Loss= 5.0% (7) (8) (9) (10) (11) (12) Irrigation Diversion (AF) 0.00 0.00 0.00 0.09 0.38 0.55 0.59 0.47 0.33 0.10 0.00 0.00 Irrigation C.U. (AF) 0.00 0.00 0.00 0.07 0.31 0.44 0.47 0.37 0.26 0.08 0.00 0.00 0.67 0.101 2.50 2.00 Livestock Total Diversion & Diversion Total C.U. C.U. (AF) (AF) (AF) 0.004 0.064 0.013 0.004 0.058 0.012 0.004 0.064 0.013 0.004 0.153 0.081 0.004 0.467 0.320 0.004 0.640 0.452 0.004 0.681 0.483 0.004 0.554 0.386 0.004 0.409 0.276 0.004 0.165 0.090 0.004 0.062 0.012 0.004 0.064 0.013 (1) (2) (3) (4) (5) (6) 300 gallons per day per residence 15% consumptive use for ISDS systems 80% irrigation efficiency for sprinkler systems Blaney Griddle assessment with Pochop adjustments Column (1) * number of dwelling units Column (2) * number of dwelling units Total Contract Amount (AF) 0.013 0.012 0.013 0.085 0.336 0.475 0.507 0.405 0.290 0.094 0.013 0.013 0.049 3.382 2.150 2.258 Column (3) * irrigated area in acres Column (4) * irrigated area in acres Livestock use at 11 gallons per head per day (99CW320) Column (5) + Column (7) + Column (9) plus 5% transit loss Column (6) + Column (8) + Column (9) Column (11) plus transit loss Colorado River Engineering, Inc. water use estimates - Be113.xis 3/12/2007 Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 NATHAN & TAMARA BELL 230 COUNTY ROAD 261 SILT, CO 81652- (970) 876-2367 PERMIT TO CONSTRUCT A WELL LIC WELL PERMIT NUMBER 272033 DIV. 5 WD39 DES. BASIN MD APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SW 1/4 Section 31 Township 5 S Range 91 W Sixth P.M. DISTANCES FROM SECTION LINES 780 Ft. from South 180 Ft. from West Section Line Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER 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 ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from 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 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(I) for uses as described in CRS 37-92-602(1)(f). Use of this well is limited to monitoring water levels and/or water quality sampling. This well is known as Bell Monitoring/Observation Well no. 1. 4) Approved as a well on a tract of land of 35.23 acres described as that portion of the SW 1/4 of the SW 1/4, Sec. 31, Twp. 5 South, Rng. 91 West, 6th P.M., Garfield County, more particularly described on the attached exhibit A. Further identified as 230 County Road 261, Silt, CO 81652. 5) This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well. The well must be kept capped and locked at all times except during sampling or measuring. 6) Records of water level measurements and water quality analyses shall be maintained by the well owner and submitted to the Division of Water Resources upon request. 7) Upon conclusion of the monitoring program the well owner shall plug this well in accordance with Rule 16 of the Water Well Construction Rules. A Well Abandonment Report must be completed and submitted to the Division of Water Resources within 60 days of plugging. 8) The owner shall mark the well in a conspicuous place with the well permit number and name of aquifer as appropriate, and shall take necessary means and precautions to preserve these markings. 9) This well must be constructed by or under the supervision of a licensed well driller or other authorized individual according to the Water Well Construction. Rules. If non-standard construction is anticipated, a variance request must be submitted in accordance with Rule 18 and approved prior to well construction. 10) A Well Construction and Test Report (Form GWS -31), including lithologic log must be submitted by the individual authorized to construct the well. For non-standard construction, the report must include an as -built drawing showing details such as depth, casing, perforated zones, and a description of the grouting type and interval. 11) This well shall be constructed not more than 200 feet from the location specified on this permit. NOTE: Permit no. 174076 & 174076-A were previously issued for this parcel. NOTE: Parcel Identification Number (PIN): 23-2125-313-00-141 NOTE: Assessor Tax Schedule Number: R200694 (totaling 35.23 acres) o 7 APPROVED DMW Receipt No. 9502701 B State Engineer By DATE ISSUED 01-05-2007 EXPIRATION DATE 01-05-2009 , LEGAL DESCRIPTION A Tract of land in the S1/2 of Section 31, Township 5 S., Range 91 W., of the 6th P.M. being more particularly described as follows: Beginning at a point on the West line of said Section 31, whence the W1/4 Corner of said Section bears N 01°07'25" E 1346.81 feet; Thence S 89°59'03" E, 655.56 feet; Thence S 0°09'21" E, 268.53 feet; Thence S 88°46'11" E, 102.42 feet; Thence S 01°13'49" W, 225.40 feet; Thence N 63°57'25" E, 301.52 feet; Thence N 85°25'54" E, 328.67 feet; Thence N 65°23'41" E, 60.93 feet; Thence N 01°06'26" E, 89.01 feet; Thence N 89°41'13" E, 576.82 feet; Thence S 00°15'20" W, 699.19 feet to a point on the northerly line of the Pretti S.B. 35 Exemption Plat prepared by Landmark Services in 1987; Thence along said northerly line N 61°35'19" W 48.64; Thence along said northerly line 540.37 feet along the arc of a curve to the left having a radius of 596.99 feet and a central angle of 51°51'43", the chord of which bears N 85°21'51" W, 566.26 feet; Thence along said northerly line S 66°33'08" W, 270.00 feet to a point on the northerly line of the Pretti Subdivision Exemption as recorded I the office of the Garfield County Clerk and Recorder in 1989; Thence along said northerly Exemption line N 48°36'48" W, 260.87 feet; Thence along said northerly Exemption line N 89°58'29" W, 290.36 feet; Thence along said northerly Exemption line S 59°43'02" W, 277.38 feet; Thence along said northerly Exemption line S 07°09'45" W, 400.26 feet to a point on the southerly line of said Section 31; Thence along said southerly line S 89°51'09" W, 421.98 feet to the Southwest Corner of said Section 31; Thence N 01°07'25" E, 1346.81 feet to the point of beginning, containing 35.23 acres more or less. 7k Go 3i !41.43- 25 - ... • g2W •••_ 36 l • • BeII Veil 3 71, `',;.._,: r r� , ' 1 7 r �1 r ,, )) { r i J { s, e 0 i i--.' \ `e • Y o` Name of Applicant: Contract #S070322NTB#3(a) Map #S58 Date Activated 3/22/07 WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT / / t 4 aLtJJ %aN-1ag I/ Quantity of Water in Acre Feet: 2 .,2 G. Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of C.R.S. 1973, §37-45-101, et seq., (hereinafter referred to as the "District") for an allotment contract to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this Contract and the attached Application, Applicant hereby agrees to the following terms and conditions: 1. Water Rights: Applicant shall own water rights at the point of diversion herein lawfully entitling 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. 2. Quantity: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the 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 controlled by the District. 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 District's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terms and conditions of this Contract. The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein provided, Applicant may so notify the District in writing, and the amount of water allotted under this Contract shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and Location of Beneficial 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 uses, or commercial (except for commercial use from Alsbury Reservoir and except to the extent that Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract No. 2-07-70-W0547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's control. 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir, Green Mountain Reservoir, A lsbury Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources, and release or delivery ofwater at 1 such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir or Green Mountain Reservoir shall be subject to the Districts lease contracts with the United States Bureau of Reclamation. Releases from other facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (October 1), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado Division of Water Resources to estimate any conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case. Water service provided by the District for properties located within the Bluestone and Silt Water Conservancy Districts is provided pursuant to Agreements with said Districts. The Intergovernmental Agreement between the District and the Silt Water Conservancy District, dated January 25, 2001, is recorded as Reception No. 575691, Garfield County Clerk and Recorder's Office. The Intergovernmental Memorandum of Understanding between the District and the Bluestone Water Conservancy District, dated April 26, 2001, is recorded as Reception No. 584840, Garfield County Clerk and Recorder's Office. 5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the Districts water rights or_storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant. The District reserves the right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated herein, and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicants point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted under this Contract. In the event the Applicant intends 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. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under Paragraph 19 below. In any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof. 6. Contract Payment: Non-refundable, one time administrative charge, in the amount determined by the Board of Directors of the District from time to time, shall be submitted with the application for consideration by the District. 2 Annual payment for the water service described herein shall be determined by the Board of Directors of the District. The initial annual payment shall be made in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the initial payment shall apply and the price which is applicable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. If an annual 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, return receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set forth in this 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 annual rate in its sole discretion for future years only. If payment is not made within fifteen (15) days after the date of said written notice, Applicant shall at Districts sole option have no further right, title or interest under this Contract without further notice, and delivery may be immediately curtailed. The allotment of water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District. Upon cancellation of this water allotment Contract with the District, 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 hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8. Assignment: This Contract shall not inure to the benefit of the heirs, successors or assigns of Applicant, without the prior written consent of the District's Board of Directors. Any assignment of Applicant's rights under this Contract shall be subject to, and must comply with, such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment Contracts. No assignment shall be recognized by the District except upon completion and filing of proper 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 Applicant's rights hereunder to: 1) No more than three separate owners all of whom shall be party to a well sharing agreement satisfactory to the District; or 2) A homeowners association, water district, water and sanitation district 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 district establishes to the satisfaction of the District that it has the ability and authority to perform the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this Contract have any rights hereunder, except as such rights may exist pursuant to a well sharing agreement or through a homeowners association or special district as provided above. Upon the sale of the real property to which this Contract pertains, Applicant shall make buyer aware ofthis Contract and proper forms for assignment and change of ownership must be completed. 3 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law. 10. Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement" with the District under terms and conditions determined by the board of Directors of the District, if and when, the Board of said District determines in its sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for additional annual monetary consideration for extension of District delivery services and for additional administration, operation, and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant. 11. Change of Use: The District reserves the exclusive right to review, reapprove or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property 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 use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, shall be deemed to be a material breach of this agreement. 13. Title; It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal fee title interest in or to any water or water rights referred to herein. 14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict actual diversions to not exceed the contract amount, which provides water (on the formula of one acre foot per dwelling) for ordinary household purposes inside one single family dwelling, the watering of domestic livestock, fire protection, and the irrigation of lawn and garden as specified in the Application. Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Watering of livestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestockwatering, provided that in no event shall actual diversions exceed the amount of water provided by this Contract. Violation of this paragraph 15 shall be deemed to be a material breach of this Contract. 16. Well Permit: If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well permit before District is obligated to deliver any water hereunder. 4 17. Measuring Device or Meter: Applicant agrees to provide, at its own expense, a measuring device deemed acceptable by the District's Engineer after consultation, or a totalizing flow meter with remote readout to continuously and accurately measure at all times all water diverted pursuant to the terms of Applicant's water right and the terms of this Contract. Applicant agrees to provide accurate readings from • t paragraph ,.,,,,1.1 resultin legal such device or meter to District upon District's request. Applicant acknowiedges that failure to comply with this paragraph could. i . leg_l action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. By signing this Contract, Applicant hereby specifically allows District, through its authorized agent, to enter upon Applicant's property during ordinary business hours for the purposes of determining Applicant's actual use of water. 18. Representations: By executing this Contract, Applicant agrees that it is not relying on any legal or engineering advice that Applicant may believe has been received from the District. Applicant further acknowledges that it has obtained all necessary legal and engineering advice from Applicant's own sources other than the District. 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 contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund from the District. 19. Costs of Water Court Filing and Augmentation Plan: Should the District, in its own discretion, choose to include Applicant's Contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's 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 -rata 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 specifically due to the inclusion of Applicant's Contract in the filing, such additional costs may be charged specifically to Applicant and not shared on a pro -rata basis by all contractees. 20. Binding Agreement: This agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application to Lease Water From West Divide Water Conservancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. All correspondence from the 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. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE WA I'ER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. 22. AREA B. CONTRACTS: IF APPLICANTS WELL OR OTHER WATER RIGHT THAT IS THE SUBJECT OF THIS CONTRACT IS LOCATED OUTSIDE "AREA A" AS DESIGNA 1'ED BY THE DISTRICT, THEN THIS PARAGRAPH APPLIES: THE AUGMENTATION WATER PROVIDED BY THE DISTRICT UNDER THIS CONTRACT MAY ONLY PROTECT APPLICANT'S WATER RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER SENIOR RIGHT_ NO REPRESENTATION OTHERWISE IS MADE BY THE DISTRICT. IF THIS IS A CONCERN TO APPLICANT, THIS CONTRACT MAY BE RESCINDED UPON WRITTEN NOTICE DELIVERED TO THE DISTRICT BY THE APPLICANT WITHIN THE 5 NEXT 30 DAYS FOLLOWING THE AFFIXING OF SIGNATURES ON THIS CONTRACT IN WHICH EVENT ALL SUMS PAID BY APPLICANT FOR THIS CONTRACT SHALL BE IMMEDIATELY REFUNDED TO APPLICANT. Applicant STATE OF 6/04210 ) ) ss. COUNTY OF 6atf; eld ) The foregoing instrument was acknowledged before me on this /3 te day . Witness m�:^'� '`� �� �cial seal. My commission expires: January Oy�.?009. :: ,r t' �, •,• r AMANDA B. i STATE OF 60/043d® ) I. DUNN ) SS."7�••••• N•••. los w COUNTY OF 9an4 [/I ) y� The foregoing instrument was acknowledged beft m I in tlyof /1%teit , 20 ®5 , by 7amar.2 %t !I My Cation Expires 0110412610 Applicant Nattitbi of /17.2/r.ii 20 07. , by Notary Public . Witness my hand and official seal. My commission expires: 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 District. WEST DIVIDE WATER CONSERVANCY DISTRICT By President z -A) ) Date This Contract includes and is subject to the terms and conditions of the following documents which must accompany this Contract: 1. Map showing location of point of diversion (use map provided) 2. Application and Data Form fully completed and signed The printed portions of this form, except differentiated additions or deletions, have been approved and adopted by the West Divide Water Conservancy District. Form #WDWCD 050901 CONTRACT. 6 APPENDIX G ISDS O&M INDIVIDUAL SEWAGE DISPOSAL SYSTEM (Septic Tank and Leach Field) OPERATION and MAINTENANCE GUIDE PREPARED BY: Bell Consulting, LLC. INDIVIDUAL SEWAGE DISPOSAL SYSTEM OPERATION AND MAINTENANCE The following tips and suggestions are intended to increase the useful life of your engineered sewage disposal system and to prevent disposal system failure due to neglect and abuse. The design of this system is designed for a specific number of persons occupying the stated structures. A larger occupancy rate than the design rate may result in an overload of the septic system and cause immediate system failure or a reduction of the life span of the leaching area. MINIMIZE THE LIQUIDS Practicing water conservation practices within your home can minimize wastewater that enters the system. The less wastewater you produce, the less wastewater there will be to treat and dispose. 1. Repair leaky fixtures. Check the toilet by dropping food coloring dyes in the tank and see if it shows up in the bowl prior to flushing. 2. Wash clothes only when you have a full load. 3. Take short showers instead of baths. Don't turn on the shower all the way and turn it off while lathering. 4. Install and use water saving fixtures and devices in your bathrooms, laundry rooms and kitchens. 5. Do not let the water run while washing, shaving, brushing teeth, rinsing vegetables, dishes, etc. Use a stoppered basin where possible. 6. Provide adequate drainage around the engineered system area to divert surface runoff from higher ground during storms or winter snowmelt. MINIMIZE THE SOLIDS Septic systems are "anaerobic" treatment systems. Digestion of solid materials is very slow and requires air or "aerobic" conditions to "disappear". The less material you put into the system, the less often it will require pumping. A good rule to follow is: "Don't use your septic system for anything that can be disposed of in I.S.D.S. 0&M Manual page 2 of 4 some other way" 1. Avoid using a garbage disposal. Properly dispose of scraps and other garbage by composting, recycling, or with the trash. 2. Collect grease in a container rather than pouring it down the sink. 3. Minimize the disposal of paper products into the system. Non- degradable items such as disposable diapers, sanitary napkins, tissues, cigarette butts and paper towels are especially harmful to the system. 4. Only three things should go into the septic tank: Human Wastes; Toilet Paper; and Water. 5. Ordinary household chemicals (bleaches, detergents & soaps) will not hurt the bacteria in your system when not used in excessive amounts. 6. DO NOT DISPOSE OILS, PAINTS, THINNERS, FILM DEVELOPMENT OR OTHER TOXIC LIQUIDS INTO YOUR SYSTEM. SEPTIC TANK ADDITIVES Advertised chemical additives, bacteria, enzymes, etc. do not help solids breakdown in the septic tank and will not reduce the need for pumping the septic tank. REGULAR INSPECTIONS Septic Tank: To inspect the septic tank, remove the manhole cover at the inlet end of the tank. Use a shovel to push the scum layer away from the side of the tank and estimate its thickness. If the scum layer is 12" thick or more, arrange to have the septic tank pumped immediately. Replace the cover and wash off the shovel and your hands. For an average 3 or 4 bedroom residence, the pumping interval for the septic tank is usually between 2 and 4 years. Annual inspection of the septic tank should become part of your overall home maintenance routine. I.S.D.S. O&M Manual page 3 of 4 Dosing Tank or Pump Station: To inspect the dosing tank, follow the same instructions for the septic tank. However, there should not be a scum layer or sediments inside the tank. Check to see if the water level markings are consistent on the side of the tank. Variability indicates that the siphon or effluent pump is not operating properly. If the water level is near the top of the markings, wait for the siphon or pump to operate and watch for problems. The siphon has an overflow pipe in which the effluent will flow out of the tank by gravity. Should this be occurring, have the tank pumped and check the siphon openings to see if they are plugged. Effluent Filter: To inspect the effluent filter, remove the manhole cover at the outlet end of the tank. However, there should not be a scum layer or sediments inside the tank. Check to see if the water level markings are consistent on the side of the tank. High water indicates that the effluent filter is not operating properly. If the water level is near the top, remove the filter cartridge using the filter cartridge handle. Keeping the filter in the septic tank, spray the filter with water until clean. Replace the filter into the effluent tee. Filter Mound or Trench: Check the observation tubes regularly. Standing water near the same elevation as the natural soil surface (or higher) may be an indication of trouble. Look for seepage or excessive wetness near the base of the filter mound or trench area. SUMMARY A general inspection of the septic tank, dosing tank (or pump station), filter mound or trench area should be made each year. These inspections are best made during the wet season of the year. If these items are not routinely inspected, solids can carry over into the disposal areas from the septic tank and clog the system resulting in system failure and health hazard risks. In areas with potentially high ground water, the septic tank should be pumped during low water months such as September, October, and November. Pumping during high water months may cause the septic tank to float out of the ground. I.S.D.S. O&M Manual page 4 of 4 .1111 toriE+1 �r �MI���1+!I t � I�NI �l�l�i�lll�� 11111 Reception#: 741634 01/2312008 11:27:07 RM Jean Alberico 1 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO County of Garfield ) )ss At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday, the 14th day of January A.D. 2008, there were present: John Martin Larry McCown Tresi Houpt Carolyn Dahlgren Jean Alberico Ed Green , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Manager When the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2008-17 A RESOLUTION CONCERNED STH THE APPRVAL OF A S` NORTH BELL RANCH"YPLAN AND FOR A THREE LOT SUBDIVI ON KNOWN A PROPERTY OWNED BY NATHAN AND TAMARA BELL, GARFIELD COUNTY PARCEL NO# 212531300141 WHEREAS, the Board of County Commissioners of Garfield County, Colorado, received a Preliminary Plan application from Nathan and Tamara Bell to subdivide a 35.23 -acre property into 3 residential lots and which property is located in a portion of Section 31, Township 5 South, Range 91 West of the Sixth P.M., Garfield County; and WHEREAS, the subject property is located in the ARRD Zone District; and WHEREAS, on October 25, 2007 the Garfield County Planning and Zoning Commission forwarded a recommendation of approval with conditions to the Board of County Commissioners for the Preliminary Plan; and WHEREAS, on January 14, 2008, the Board of County Commissioners opened a public hearing upon the question of whether the Preliminary Plan should be granted, granted with conditions, or denied at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Preliminary Plan; and WHEREAS, the Board of County Commissioners closed the public hearing on January 14, 1 ■Ill tiiriNtr�������l��N���p�lt�,4 :�til:�+r'i�.lt�i,l��� 11111 Reception#: 741634 01/23/2008 11:27:07 RM Jean Rlberico 2 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 2008 to make a final decision; and WHEREAS, the Board of County Commissioners on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of facts: 1. That proper notice was provided as required by law for the hearings before the Planning and Zoning Commission and before the Board of County Commissioners. 2. That the public hearings before the Planning and Zoning Commission and the Board of County Commissioners were extensive and complete; all pertinent facts, matters and issues were submitted; and that all interested parties were heard at those hearings. 3. The application is in compliance with the standards set forth in Section 4:00 of the Garfield County Subdivision Regulations of 1984, as amended. 4. That the proposed subdivision of land is in compliance with the recommendations set forth in the Comprehensive Plan for the unincorporated areas of the County and the Comprehensive Plan for the Town of Silt. 5. The proposed subdivision of land conforms to the Garfield County Zoning Resolution of 1978, as amended. 6. The proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that based on determination of facts set forth above, the Preliminary Plan request is approved with the following conditions: 1. That all representations made by the Applicant in the application and as testimony in the public hearings before the Planning & Zoning Commission and Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners. e1jf 2 Access and Internal Roads A 30 -foot right-of-way easement from the centerline of all County Roads adjacent to this subdivision shall be dedicated to Garfield County prior to signing of the final plat. Easements 3. The Applicant will need to delineate and legally describe_ all easements on the final plat and convey all easements shown on the plat to the Homeowners Association. This dedication needs 2 ■III !M. 101111,141,1 ,I41 'fi 4i��i �k �t� ��� �I IU Reception#: 741634 01/23/2008 11:27:07 RM Jean Rlberico 3 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO to be in a form acceptable to the County Attorneys Office and transfer shall occur at the time of recording the final plat. These easements shall include, but are not limited to all easements of record, utility easements, drainage easements, water system easements, storm -water drainage easements, and all internal roads (which will be dedicated to the public on the face of the final plat) required as apart of this development. Impact Fees The property is located in Traffic Study Area 6 which requires a $210 per Average Daily Trip (ADT) fee be paid to the County in a traffic impact fee. This fee will be figured at the time of final plat. The Applicant shall pay 1/2 of the total impact fee at final plat and included as a component of the Subdivision Improvement Agreement (SIA). The remaining half shall be divided among the lots to be paid at the time building permits are submitted to the County for individual lot development. 5. The development is located in the RE -2 School District. As such the developer is required to pay `i.5 the appropriate School Site Acquisition Fee to be paid at final plat and included as a component �0/1 �of the Subdivision Improvement Agreement (SIA). This fee is generally calculated as $200 per ' cl' lI ' ° residential -unit. art \oA Fire Protection 6. The developer shall install a 5,000 gallon water storage tank dedicated to structure and wild land fire protection. This tank shall be installed below ground and within an easement as described on the Preliminary Plan. This tank shall be maintained in an operable condition by the Homeowners Association. In addition, the Homeowners Association shall be responsible for ensuring that the water tank contains at least 5,000 gallons of water at all times. Language ensuring the physical maintenance of the fire protection water tank and maintenance of the water level shall be included in the Declaration of Covenants Plat Notes 1. Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners, 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. 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 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. 2. No open hearth solid fuel fireplaces will be allowed anywhere within the subdivision. 3 sill Iv,,Mi' witogickimeili 1111 Reception#: 741634 01/23/2008 11:27:07 AM Jean Alberico 4 of 5 Rec Fee:S0.00 Doc Fee:0.00 GARFIELD COUNTY CO One (1) new solid fuel burning stove s defie 'by C.R.S. 25-7-401, et. sew,,' 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. 3. 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, 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 & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. 4. All exterior lighting will be the minimum amount necessary and all exterior lighting will be directed inward and downward towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. S. One (1) dog will be allowed for each residential unit and the dog shall be required to be confined within the owner's property boundaries. 6. The mineral rights associated with this property have been partially or wholly 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). 7. All foundations shall be designed by a Colorado registered engineer. 8. All Individual Sewage Disposal Systems (ISDS) shall be designed by a Colorado registered engineer, 9. The Homeowners Association shall be responsible for maintaining the fire protection water tank in an operable condition. In addition, the Homeowners Association shall be responsible for maintaining at least 5,000 gallons of water within the fire protection water tank at all times. 4 1111 FYI KAirii.NIJilati ,Krirru'lff l lir!Yi liii 11111 Reception#: 741634 01/23/2008 11:27:07 AM Jean Alberico 5 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO c* Dated this 02/ - day of ,r , A.D. 20 0 g . ATTEST: k of the Board GARFIELD • .' TY BOARD OF COMMIS SI RS, 4 ARFIELD COUNTY, LORAD Chairm Upon motion duly made and seconded the foregoin Resoluti n as adop by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRESI HOUPT STATE OF COLORADO )ss County of Garfield ) , Aye , Aye , Aye 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 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 -officio Clerk of the Board of County Commissioners 5 Garfield County To: David Pesnichak, Building and Planning Department From: Scott Aibner — Garfield County Surveyor Subject: North Bell Ranch Subdivision - Plat Review Date: 05/06/2008 SURVEYOR SCOTT AIBNER, P.L.S Dear David, Upon review of the North Bell Ranch Subdivision Plat, I have prepared a list of comments or corrections to be made prior to approval for survey content and form. 1. The distance along the North line of Lot 2 should reflect the total distance of the Northerly boundary line. 2. The tie from the West 1/4 section 31 to the Northeast corner of Lot 1 should go to the Northeast corner. Once These Comments have been addressed the surveyor may prepare the mylar for record pending further requirements from your office. Sincerely, Scott Aibner As Garfield County Surveyor cc Michael Langhorne — Bookcliff Survey Services, Inc. 109 8 th Street ,Suite 201 • Glenwood Springs, C081601 • (970)945-1377 • Fax: (970)384-3460 • e-mail: saibner@garfield-countycom