HomeMy WebLinkAbout1.0 ApplicationExemption from the Definition of Subdivision
GENERAL INFORMATION
(To be completed by the applicant')
F street Address / General Location of property:NWl of se-ctioq jl , Township
Sou
Lega! Description of Parent plepsrty:r'ot -3 ' the JE}N@l'
and the SWISWINW} of Sec. 4, Tws' 6 S'-- R 92 W' 6th P'M'
Sizeof Property(in acres) asofJanuary 1,1973" 121' 706 Ac-res
Cunent Size of Property to be Subdivided (in acres): - L 2l- ' 7 0 6 Acres
Number of Tracts / Lots created lncluding remainder of Parent Property:
Proposed size of Tracts / Lots to be created lncluding remainder of Parent Property:
o Lot#: 1 containing 3'2o1sslgg
o Lot#: 2 containing 3'20Lacres
o Lot #: 3 containing 3 ' 589 acres
o Lot#: 4 containing 111'7l5acres
o Lot #: -__ containing
-
acres
D Property's Zone District: ARRD
Address:Telephone:
City:State: Zip Code:
-
FAX:
GARFIELD COUNTY
Buitding & Planning DePartment
1OB 8th Street, Suite 201
Glenwood SPrings, Colorado 81601
i"r"pnon", bz o.'g+s.eztz Facsimile: 970' 945'3470
www. garfield-countY.com
F Nameof prooertvOwner(Applicant)l wayne H- pol'larrl and vir-tor n. Ganzi
} Address: 5448 County Road 233 Telephone: (970l. 876-2255
) city: silt state: co Zip code: 8L652 rRx: (970) 945-9t43
STAFF USE ONLY
Date Submitted:--- TC Date:
J
Doc. No.:
Commissioners shall not sign a plat of a conditionally approved exemption until all
conditions of approval have been complied with.
9. The Applicant shal! be required to submit a paper copy of the plat and proof that all the
conditions of approval have been met to the Building and Planning Department at least
twenty-one (21) days prior to the expiration of the 120-day deadline required for signing
the plat by the Board. This is to ensure timely Staff review of the materials submitted as
well as proper scheduling the plat to be signed by the board.
10. Once al! of the conditions, if any, have been satisfied, an Exemption Plat shall be
presented to the Board for signature within 120 days of approval. The plat shall include
a legal description of the exempted property, and Exemption Certificate, the County
Surveyofs Cert!ficate and a statement, if four (4) !ots, parcels, or interest have been
created on the parcel, that "NOTE: No further divisions by exemption from definition will
be a!!owed." The plat shall be recorded with the County Clerk and Recorder no later
than thirty (30) days after the Chairman's signature. The Chairman of the Board of
County Commissioners shall not sign a plat of a conditionally approved exemption until
all conditions of approva! have been complied with.
I have read the statements above and have provided the required attached information which is
to the best of
Last Revised : 1 1 l'1512002
V
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GOLUBA & GOLUBA P.C.
ATTORNEYS AT LAW
US BANK BUILDING
802 GRAND AVENIJE, STJITE 30I
P.O. BOX 931
GLENWOOD SPRINGS. COLORADO 81602
(970) 945-9141
Fax (970) 945-9143
NICHOLAS W. GOLUBA NEILW, GOLUBA
October 9,2003
Garfield Planning Department RECEIVED
108 8d'Street, Suite 201
Glenwood springs, co 81601 oCI 1 0 2[03
S''iB?FilY'ffinRe: Exemption From Definition of Subdivisi&ll
Planning Deparfrnent:
On behalf of petitioners Wayne H. Pollard and Victor Garzi,I am submitting herewith an
applicationforExemptionFromDefinitionofSubdivisiontodivide al2l.T06aoepar,celofland
Iocated on Silt Mesa, into four (4) parcels, two 3.201 acre parcels, one 3.589 acre parcel and one
I I I .71 5 acre parcel. [n connection therewith, I am submitting two copies of this letter and enclose
in duplicate, the following:
1. Letter from Victor F. Ganzi authorizing Wayne H. Pollard, co-owner, to file and
process the Application for Exemption From Definition of Subdivision for the subject property.
Application for Exemption signed by applicant and co-owner, Wayne H. Pollard.
Agreement for Payment;
4. Sketch map showing the proper(y, including dimensions and area of lots and tacts
to be created, access from County Roads 229 and 233, proposed easements and vicinity map.
5. Copy of the Deed showing ownership of the applicants.
6. A list showing the names and addresses of owners of record of land immediately
adjoining and within 200 feet of the proposed exemption.
7. A list of mineral owners and mineral lessees and their addresses.
2.
J.
Garfield Planning Department
October 9,2003
Page2
8. Evidence of soil types and characteristics of each type located on the property (Soil
Conservation Service Map and descriptions).
9. Copy of Well Permit No.242127 for GP Well No. I that shall serve Parcels l, 2
and 3, together with a copy oflone Cottonwood Owners Association's (Homeowners Association
for Parcels I , 2 and 3 ) Water Contract with West Divide Water Conservancy Distict for the water
rights associated therewith. Prior to final approval, Applicant shall provide a copy of the
Declaration of Covenants, Conditions and Resfiictions, which shall govern the Association's
division and distibution of water for Parcels 1,2 and 3. In addition, Applicant shall obtain from
the Colorado Division of Water Resources a Well Permit for use of GP Well No. I in connection
with the West Divide Contract.
10. Copy of Well Permit No. 140888 (McPherson Well), together with a copy of the
Decree in Case No. W-905 which adjudicated the water rights associated therewith and a copy of
Well Permit No. 17 1472. The McPherson Well and well associated with Permit No. I 7 I 472 shall
both serve Parcel 4 (111.715 acre parcel).
ll. Letter fromBritC.Mclin,District Chief, Burning Mountains Fire Protection
District dated July 17, 2003. Fire Protection and Emergency Services will be provided by the
Burning Mountains Fire Protection District.
12. Copy of Deeds demonstrating that the parcel existed as described on January
1973. Please note that in addition to the subject property, Antlers Orchard Tracts 7, 8, 9 and
also known as Government Lot 4, were conveyed in both Deeds provided, as well as
Applicants.
The sewage disposal shall be by individual sewage disposal systems ("ISDS") which
conform with state and local regulations.
Also enclosed is an executed Agreement For Payment Form, together with our check in
the amount of $300.00 to cover the application fee. Please contact me if any additional
information is required or with any questions, concerns, or suggestions you may have.
Very truly yours,
1,
10,
.Io
NWG/srb
Enc.
W
VICTOR F. GANZI
106 Central Park South, Apartment 28E
New York, New York l0ol9
July 30, 2003
Garfield Cowrty Planning Departrnent
108 8th Street, Suite 201
Glenwood Springs, CO 81601
Re: Letter of Authority
Planning Departnent:
Please be advised that I have authorized and do hereby authorize Wayne H. Pollard to file
and process an Amended Final Plat for Antlers Orchard Tracts '1, 8, 9, and 10, any botndary
adjustnent required in connection therewith and an Application for Exemption From Definition
of Subdivision with respect to the following described real property in Garfield County, in which
I have an ownership interest:
Lot4 (Antlers Orchard Tracts 7 - l0) Lot 3, the SE%NW%,
the E%SWYfivI\NYt, and the SW%SW%NW% of Section 4,
Township 6 South, Range 92 West of the 6th P.M.
A photocopy hereof shall be as valid as the original.
VFG/srb
Very truly
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGRSEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD COLINTY (hereinafter COIJNTY) and
(hereinafter APPLICANI) agree as follows:
Wayne H. Pollard
l. APPLICAI{T has zubmittedto COUNTY anapplication for Exemption From the
Definition of Subdivision (hereinafter, TFIE PROJECT).
2. APPLICAIIT gnderstands 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 stntcfire
3. APPLICAI{T 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 futl extent of the costs involved in processing the
application. appLtCAlIT agrees to make payment of the Base Fee, established for the PROJECT, and to
tt.rr.n.r permit additional iosts to be bilied to APPLICAIIT. APPLICAIIT agrees to make additional
payments upon notification by the COIJNTY 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 Comrnissioners for the consideration of an
applicatiJn or additional COUNTY stafftime or experu;e not covered by the Base Fee. If actual recorded costs
exceed the initial Base Fee, APPLICAI.IT shall pay additional bitlings to COUNTY to reimburse the CO[lNTl'
for the processing of the PROJECT mentioned ubo't.. APPLICAITT acknowledges that aU billing shall be paid
prior to the finJ consideration by the COUNTY of any land use permit, zoning amendment, or suMivision
plan.
APPLICA}[T
Wayne H. Pollard
Print Name
Mailing Address:6448 County Road 233
D*e: 7 z
silt co 8L652
Page 4
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'{gf,J'L%erWARRANTY DEED 5o*
LESLIE D. MoPHERSON, 39L7 County Road 233, nifIe, Colorado8L650, Grantor, for ten dollars and other good and valuable
consideration in hand paid does hereby selI and convey to WAYNE H.
POLLARD and VICTOR F. GANZI, as tenants in common, whose address is
6448 County Road 233, Silt, Colorado 81652, Grantee, the following
described real property situate in the County of Garfie1d, State of
Colorado, to wit:
Lot 3, LoE 4, the SElNWt, the ElSWtNwt, and the SWtSwtNWt, of
Section 4, Township 6 South, Range 92 West of the 6th P.M.
EXCEPT AND RESERVING unto the Grantor an undivided one-fourthinterest, in and to all oil and gas in and under the above-described property.
TOGETHER with all spriDgs, we}ls, ditches and water and waterrights appurtenant to, used upon or in connection with theabove described property, j.ncluding without limitatj-on, aIISilt Water Project water appurtenant to the property and 115shares of stock in Farmers lrrigat,ion Company. (A11 suchwater rights are conveyed without warranties as to title orotherwise, notwithstanding anything herein contained to thecontrary).
TO HAVE AND TO HOLD the same together with all appurtenancesand privileges thereto belonging or ln anywise thereto appertainingand warrants tit,Ie to the same except and subject to building andzoning regulationsi u.s. Patent, reservations and exceptions, ascontained in patents recorded in Book 12 at page L63 and at page
396, respect,ively, prlor mineral reservations as contained indeeds recorded in Book 320 at Page L43 and in Book 391- at Page 3741respectively; rights-of-way for County Road No.s 229 and Zi3insofar as the same effect the subject, property; rights-of-wayshcwn cn the AntLers orchard Develcpment cornpany I o pLat llc. l-;easement and right-of-way for the SiIt Pump Canalr ds described ininstrument recorded in Book 389 at Page 269i lease over the east L5feet of the ELNWI, ds described in document recorded in Book L8 atPage 435; and general property taxes for the year i.99L andsubsequent years.
A11 Book and Page references set forth above pertain to therecords of the Clerk and Recorder of Garfield County Colorado.
Dated this 3Lst day of May, A.D. l-991 .
STATE OF COIORADO )
) ss.
couNTY oF GARFIELD )
_ The foregoing instrument was acknowl.edged beforeday of May, A.D. L99L, by LESIJIE D. McpHERSoN.
Witness my hand and official seal.
My commission expires ! 8*a3 4A
6r/
Notary Public
OwEer'r slthiu 200 ft of proparty owoed by W'ryoe Pollerd rad victor Garlgrl
latouUf Kiu ud Wrpett
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214 Center Drive
Glenwood Springs, C0 81601
MINERAL OWNERS
Victor F. Ganzi and Wayne H. Pollard (%)
6448 County Road 233
Silt, CO 81652
Rollin P. Williams (%)
Attn: Lila D. Williams
HC 66 Boxl274
Marble Hill, MO 637,64-9300
Maedene A. and William J. Williams (%)
HC 66 Boxl274
Marble Hill, MO 63764-9300
Jeanne L. and Leslie D. McPherson (%)
1859 County Road 344
silt, co 81652-9665
MINERAL LESSEES
Williams Production RMT Company
1515 Arapahoe Street, Tower 3, Suite 1000
Denver, CO 80202
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RIFLE AREA, COLORADO
ranges from 5,000 to 6,500 feet. This soil formed in
mixed alluvium derived primarily from basalt. This soil
has a thin intermittent cap of reddish eolian material. The
average annual precipitation is about 14 inches, the
average annual air temperature is 46 degrees F, and the
average frost-free period is about 125 days.
Typically, the surface layer is brown stony loam about8 inches thick. The underlying material is white, very
strongly calcareous very stony loam to a depth of 60
inches.
lncluded with this soil in mapping are small areas of
Potts and Ascalon soils on less sloping positions. These
areas make up 5 to 15 percent of the map unit.
Permeability is moderately rapid, and available water
capacity is low. Etfective rooting depth is more than 60
inches. Surface runoff is medium, and the erosion hazard
is moderate
This soil'is used mainly for grazing and wildlife habitat.
The naive vegetation bn th6 soil-is mainly pinyon and
Utah juniper. The understory consists mostly of lndian
ricegrass, wheatgrass, iunegrass, serviceberry, bitter-
brush, and big sagebrush.
When the understory vegetation deteriorates, grasses
almost disappear and forbs and shrubs increase. Proper-ly managing the vegetation maintains wood production
and grazing. Selectively thinning the pinyon and juniper
improves understory grazing and provides firewood,
posts, and Christmas trees.
This soil is suited to production of pinyon and Utahjuniper. It can produce g cords of wood per acre when
trees more than 4.5 feet tall reach an average diameter
(at one foot) of 5 inches. The low available water capac-
ity atfects survival of tree seedlings.
Mule deer, chukar, wild turkey, gray squirrel, and cot-
tontail rabbit find habitat on this soil.
Community development is limited by large stones and
steep slopes. Structures to divert runoff are needed for
roads.
This soil is in capability subclass Vls, nonirrigated.
34-lldefonso stony loam, 25 to 45 percent stopes.Ihis deep, well drained, hilly to steep soil is on mesa
breaks, sides of valleys, and alluvial fans. A small portion
of this unit is on very steep to extremely steep mesa
escarpments. Elevation ranges from 5,000 to 6,500 feet.
This soil formed in mixed alluvium derived primarily from
basalt. This soil has a thin intermittent cap of reddish
eolian material. The average annqal precipitation is about14 inches, the average annual air temperature is about
46 degrees F, and the average frost-free period is about
125 days.
Typically, the surface layer is brown stony loam about3 inches thick. The underlying material is white, very
rtrongly calcareous very stony loam to a depth of 60
nches.
lncluded with this soil in mapping are small areas ofrotts and Ascalon soils on less steep and depressional
positions. These areas make up about 5 to 15 percent of
the map unit.
Permeability is moderately rapid, and available water
capacity is low. Effective rooting depth is more than 60
inches. Surface runoff is medium, and the erosion hazard
is severe.
lldefonso soil is used mainly for grazing and wildlife
habitat.
The native vegetation on this soil is mainly pinyon and
Utah juniper. The understory consists of lndian ricegrass,
wheatgrass, junegrass, serviceberry, bitterbrush, and big
sagebrush.
When the understory vegetation deteriorates, grasses
almost disappear and forbs and shrubs increase. Proper-
ly managing the vegetation maintains wood production
and ground cover. The value for grazing is low because
of steep slopes and tree cover. Firewood, posts, and
Christmas trees can be harvested on the more gently
sloping areas.
This soil is suited to production of pinyon and Utah
iuniper. lt can produce 9 cords of wood per acre when
trees more than 4.5 feet tall reach an average diameter
(at one foot) of 5 inches. The low available water capac-
ity atfects survival of tree seedlings. Steep slopes and
severe erosion hazard affect harvesting.
Mule deer, chukar, wild turkey, gray squirrel, and cot-
tontail rabbit find habitat on this soil.
Community development is limited by large stones and
steep slopes. Structures to divert runotf are needed for
roads.
This soil is in capability subclass Vlle, nonirrigated.
35-lldefonso-Lazear complex, 6 to 65 p€rcent
slopes. Moderately sloping to very steep soils are on
hillsides and mesa breaks. Elevation ranges from 5,000
to 6,500 feet. The lldefonso soil formed in very calcare-
ous, mixed, stony alluvium derived mainly from basalt,
and the Lazear soil formed in shale and sandstone re-
siduum. The average annual precipitation is about 14
inches, the average annual air temperature is about 48
degrees F, and the average frost-free period is about
125 days.
The lldefonso soil makes up about 50 percent of the
unit, the Lazear soil makes up about 30 percent, and
soils of minor extent make up 20 percent.
The lldefonso soil is deep and well drained. Typically,
the surface layer is brown stony loam about 8 inches
thick. The underlying material is white, very strongly cal-
careous very stony loam to a depth of 60 inches.
Permeability of the lldefonso soil is moderately rapid,
and available water capacity is low. Etfective rooting
depth is more than 60 inches. Surface runoff is medium,
and the erosion hazard is moderate
The Lazear soil is shallow over shale bedrock and is
well drained. Typically, the surface layer is grayish brown
gravelly loam about 4 inches thick. The underlying mate-
RIFLE ABEA, COLORADO
The native vegetation on this soil, because it faces
norih and east, is mainly Gambel oak, serviceberry,
snowberry, and elk sedge.
When range condition deteriorates, shrubs increase.
Properly managing grazing maintains and improves
range condition.
Elk, mule deer, coyote, and grouse find habitat on this
soil.
Use of this soil for community development and as a
source of construction material is limited by depth to
rock and steep slopes.
This soil is in capability subclass Vlle, nonirrigated.
S3-Parachute-Hhone loams, 5 to 30 percent
slopes. These gently sloping to steep soils are on ridge
crests and mountainsides. Elevation ranges from 7,600
to 8,600 feet. The Parachute soil formed in residuum
frory sandstone or marlstone, and the Rhone soil formed
in r&iduum from hard, fine-grained sandstone. The aver-
age annual precipitation is about 20 inches, the average
annual air temperature is about 40 degrees F, and the
frost-free period is less than 75 days.
The Parachute soil makes up about 55 percent of the
map unit, the Rhone soil makes up about 30 percent,
and soils of minor extent make up 15 percent. The
Parachute soil is mostly on ridge crests, and the Rhone
soil is in gently sloping to moderately sloping areas on
mountainsides.
The Parachute soil is moderately deep and well
drained. Typically, the surface layer is grayish brown
loam about 5 inches thick. The upper part of the subsoil
is very dark grayish brown and brown loam about 13
inches thick, and the lower part is light yellowish brown
extremely channery loam about 11 inches thick. Hard,
fractured sandstone is at a depth of 29 inches (fig. 9).
Permeability of the Parachute soil is moderate,- and
available water capacity is low. Effective rooting depth is
20 to 40 inches. Surface runoff is medium, and the
erosion hazard is moderate.
The Rhone soil is deep and well drained. Typically, the
upper part of the surface layer is brown loam about 8
inches thick, and the lower part is brown sandy clay
loam about 20 inches thick. The underlying material is
brown very channery sandy clay loam about 24 inches
thick. Fractured sandstone is at a depth ol 52 inches.
Permeability of the Rhone soil is moderate, and availa-
ble water capacity is moderate to high. Effective rooting
iepth is 40 to 60 inches. Surface runoff is slow, and the
erosion hazard is slight.
lncluded with these soils in mapping are areas oi lrigul
sciis on ridge crests. These areas make up about 10
percent of the map unit.
These soils are used mainly for grazing and wildlife
habitat.
The native vegetation on these soils is mainly needle.
grass, eik sedge, and sagebrush.
When range condition deteriorates, forbs and shrubs
increase. Properly managing grazing maintains and im-
proves range condition. Seeding improves range in poor
condition where slope is less than 15 percent. lntermedi-
ate wheatgrass, slender wheatgrass, and mountain and
smooth brome are suitable for seeding. Preparing a
seedbed and drilling the seed are good practices. Re-
ducing brush on slopes of less than '15 percent improves
deteriorated range, but removing brush may damage
deer habitat.
Many deer and some snowshoe hare and blue grouse
find habitat on these soils.
Use of this soil for community development or as a
source of construction material is limited by depth to
rock and steep slopes.
This complex is in capability subclass Vle, nonirrigated.
S4-Potts toam, 1 to 3 percent slopes; This deep,
well drained soil is on mesas, benches, and sides of
valleys. Elevation ranges from 5,000 to 7,000 feet. This
soil formed in alluvium derived from sandstone, shale, or
basalt. The average annual precipitation is about 14
inches, the average annual air temperature is about 46
degrees F, and the average frost-free period is about
120 days.
Typically, the surface layer is brown loam about 4
inches thick. The subsoil is recldish brown clay loam
about 24 inches thick. The substratum is pinkish white
loam to a depth of 69 inches
lncluded with this soil in mapping are small areas of
Olney, Kim, and lldefonso soils that have slopes of 1 to
3 percent. These areas make up 10 to 15 percent of the
map unit.
Permeability is moderate, and available water capacity
is high. Effective rooting depth is 60 inches or more.
Surface runoff is slow, and the erosion hazard is slight.
This soil is used mainly for irrigated crops and hay and
for dryland farming. Alfalfa, small grains, and grass-
legume hay are grown.lnis soii is u6ually irrigated by flooding. Drop struc-
tures in irrigation ditches, grassed waterways, and mini-
mum tillage control erosion. lrrigation water should be
carefully managed to avoid piping. Cover crops or stub-
ble mulching also help to limit erosion losses in dry-
farmed areas.
The native vegetation on this soil is mainly wheat-
grass, needleandthread, and sagebrush.
Pheasant, mourning dove, cottontail rabbit, some mule
deer, and squirrel find habitat on this soil.
Community development and recreation are limited by
low strength and shrink-swell potential. Dwellings and
roads can be designed to compensate for these limita-
tions. Community sewage systems will be needed if the
population ciensiiy increases.
This soil is in capability subclasses llle, irrigated, and
!llc, nonirrigated.
SOIL SURVEY
t2
S5-Potts loam, 3 to 6 percent slopes' This deep'
vell drained, moderately stoiing soil is on mesas' bench-
,"]. ,nJ i'ods of valleys. El6vaiion ranges from 5'000 to
i"not'i"-"r-in-it ioit tormed in alluvium derived from
rmOtta-r-", sr'.rai", ot basalt. The average annual precipi'
"t,tti'it "Oout
t+ inches, the-average annual air tem-
;;;ir;; is iuout 46 degiees F, and the average frost-
free period is about 120 daYs'" 1y[i."irv, 1[e
-surtace l6yer is. .PtoY loam about 4
incriJi- iniik. The subsoil is reddish brown clay loam
"ii",iizi ircnes tnicii'-The substratum is pinkish white
foam to a dePth of 60 inches'''i""r"O"O *ith this .oii in mapping.are small areas of
ol;;l(;,'ano iroltonso soils'inqt !uY: slopes of 3 .to
O J"id"nt. these areas mafe up 10 to 15 percent of the
maP unit' water caPacitY" F"*"+ility is moderate, and available
ir'nigh.-Efi"6tiue rooting dgOth is .60 inches or more'
5rJJ." runoit is srow, a"no the erosion hazard is moder'
ate.*'ini,
soil is used mainly for irrigated crops and hay and
tor"iw[-rbJirring iiigl rol flarl3' small srains'.a1d
;;t;G;" n"v -arJ -g'o*n' small areas are used for
grazing.
These soils are usually inigated by flooding' Drop
.tru.i.ir"t -in
1ni gati; ditdhes, -g'asted waterways' and
minimum tillage prevent serious-erosion'. lrrigation water
rnorio u" ""tituity managed to avoid piping and..erosion'
c;;t-.topi ot tiubble irulching also help to limit ero-
annual air temperature is about 46 degrees F' and the
,r"tug.itost-fiee period is about 120 days'-'-'li."iV, tn" .1.i"." tayer is PtoYn loam about 4
inches thick. The .rO.oii- is reddish brown clay loam
aboul 24 inches tnicil-inelubstratum is pinkish white
loam to a dePth of 60 inches'
lncluded with this ;;ii it-mapping.are small areas of
K#, oln;t, .no rro"ronso soils'inai nave slopes of 6 to'
12 percent. These ri"". *uk" 'p'10 to 15 percent of
the maP unit.
Permeability is moderate, and available water capacity
is h'rgh.-Efie6tire rooting depth. i3 lO^ilnes or more'
Surface runoff is n iJi,in'.r, ind the erosion hazard is
severe.--inis soif is used mainly for grazing' wildlife habitat' and
ror" owirnd farminl ltig' rd')' Wh-eat' barley' and oats
are grown.
Minimumcontourtillageandstubblemulchinghelpto
prevent excessive erosion'
The native ,"g"t*ti* on this soil is mainly wheat-
gtrtt, nJeOteanoinread, and sagebrush'
When ,"ng" .onjition oeteti6rates' forbs and shrubs
in"r"ai". wlien tne'iange is in poor condition' undesira-
ble weeds and annual" plants are .numerous' Properly
,i"lg]^g-gta=ing impioGJ and maintains range condi-
ii;;.-fiddng uiush improves range' seeding improves
ranoe in poo, conJition' C'ested wheatgrass'- western
ffi#s;;.!, ""i nr.ii"n wildrye are suitable for seed-
ing. Preparing " t""ib"J and drilling the seed are good
oractices."'t"o'iilrnity development and recreation are limited by
lo;;i;;lili, inrinr'iwelr potential' and slope' Dwellings
;;;;d; can be Jesigded to overcome these limita'
tions. Community seivagi iystems will be needed it the
population densitY increases'
This soil i. ,n "rp"Oility
subctass lVe' irrigated and
nonirrigated.
S7-Potts'lldefonso complex, 3...to 12 percent
slopes. These g"ntly sloping t9. -Loll'lo soils are on
mesas and sides oi ,fur"yt' Eievation ra'iges from 5'000
to 6,500 feet. The'pEiJ *ir io;;;9 aiiuvium derived
from sandstone, ti'tit", oi Oasatt'. The lldefonso soil
formed in very "tronilv t'r"a'Lo's' basaltic alluvium and
small amounts of i".ir'i* *"ttiiat' rne average annual
ffi'p*ii;; ; ,b";i i4 inches, the-averase annual-air
["mo'erature is about 46 degrees F' and the average
frost-free period is about 120 days' -
The Potts soil malei up about 6Q percent of the map
unit, "no
in" rroetoiso-solls makes up about 30 percent'
The Potts soil is o, lfigntly concave positions' and the
ItdJfonso soil is on tne Sredks of steeper slopes'
The Potts soil is U"p;d well drdined' Typically' the
surface layer is oio*nioirn about.4 inches thick' The
subsoil is reddish ;;il; ;ht loirn aoout 24 inches thick'
The substratum is pint<i"n *nit" loam that extends to a
depth of 60 inches.
sion in dryfarmed areas.
grass,
this soil is mainly wheat-The native vegetation on tnls soll ls marlrry wrrvar-
air, n""ot""ndihread, and sagebrush'
rarLrn .^^^o annditinn deteri6rates. forbs and Shrubsass. ngeoleallLltllltiau' clrru oquevrvvr r'
Wh'd range condition deteriorates' I
i"#..". Wtien tne range is in poor condition' undesira-
[i" *""0. and annual- plants are numerous. Properly
rr"ririirg- grazing *iintuins and.. imPrw:.s r?n99. condi-
il;.-H-;ding b'iush improves the range' Seeding im-
;;;.;-t*Ii in poot iondition' Crested wheatgrass'
western wheatgrass, and Russian wildrye are suitable lor
s'#;iil.'Fi"puling i seedbed and driilins the seed are
good Practices.
Pheasant, mournlng dove, cotton.tail rabbit' some mule
deer, and squirrel find habitat on this soll'"t;ffi;iiy oevetopment and recreation are limited bv
d-;;;iliii "no the shrink-swell potential' Dwellinss
;ft ;o;; Can oe designed to oveicome these limita-
tions. Community sewagi systems will be needed if the
population densitY increases'
This soil is in capaOitity subclasses llle' irrigated' and
lVe, nonirrigated.
56-Potts loam, 6 to 12 percent stopes' This deep'
*"ii oiri*d, mocjeiately slbping to rolling soil is on
,i,i.ri, -6enches, and sides oi valle.ys. Elevation ranges
irJ*--s,ooo 1o /,ooo teet. fnis soi[ formed in alluvium
iJiili"i riJ*-sandstone, shale, or ,basalt' The average
;;;;i Jrecipitation is about 14 inches' the average
Form No.
GWS.25
APPLICANT
OFFIGE OF THE STATE ENGINEER
$,glngmpp,PJH*1P,ll,9,,["wmF#*$ESouRcES
(303) 866€581
T'AYI.IE H POLLARD
64,tt 233 RD
slLT, co 81652-
(970) 876-2255
APPROVEP WELL LOCATION
GARFIELD COUNTYSW 114 NW 114 Section 4
Township 6 S Range 92 W Sbdh P-M.
DISTANCES FROM SECTION LINES
2940 Ft.from South SeoffonUne
4920 Ft. ftom East Sec{on Line
%L?Itl -- -
DIV. 5 WD39 DES. BASIN MD
UTM COORDINATES
Northing:Easflng:
TSSUAI{CE OF THIS PERMIT DOES NOT CONFERAWATER RIGHT
coNDlTloNs oF APPROVAL
1) Thls w8ll sfrall be ussd in such a way as b cause no matedal lnlury to e:risting water rights. The lssuance of thla permlt
&es not as6ure the appllcant that no lnjury udll oocur to another vesbd water right or preclude anothsr onner of a wsbd
vyater rightfrom seefin! relief ln a civll court actlon.
Zl The construcffon of thls well shall b6ln compllanca wi$r the WaterWell Constuc[on Rulee 2CCR4O2'2. unlm appmval
of a rrarianca has been granted by tha State Board of Examlners of Water Well Constuctlon and Pump lnstalla0on
Confiacfiors ln amrdance with Rule 18.
3) Appmwd pursuant b cRs 37-g2€02(3XbXilXA) as the only well on a tract of tand of 40.00 acres doscrlbod as that portlcn' oi it " S ilL of the NW 1/4, S€c. 4, Tvup. 6 S, Rng. 92 W, Sixth P.M., Garfield County. more pardcillarly descrlbed on the
attached e$lbitA"
4) The usa of ground water ftrom thls wsll is llmited to fire potecflon, ordinary household purposes inslde mt mrgtlttt''
ffi (sldrBlcfuriUdrellkrgo, tre@dono,f ndrnorsthanone(1)affiof homegadcno andhwna, andfuffi
of{omcdcrdmdt.
5) The ma:dmum pumplrg rate of thls well shall not exceed 15 GPM.
6) The rebm ltonr ftom the use of thls well must be through an lndMdual waste water dlsposal systam of the
non-evaporatve type whero the water ls rctumod b the same sbeam system ln wtrich tre well ls locatad.
Tl This wetlshall be constnrcted not molr than 200 feetfrom the locatlon speclfiad on thls oemifil7 Z/<rt>
rt
oW,
,),N' *o
,* .n'"
APPROVED
JSG.
JUt O S AIP
Current January 2003
APPLICATION TO LEASE WATER FROM
WEST DIVII}E WATER CONSERVAIYCY DISTRICT
109 West Third Fourth, P. O. Box 1478, Rifle, Colorado g1650
Contract *O3O821LC(a)Map #478Date Activated 8/2L/03
Telephone and Far (970) 625-5461
r. APPLICANT INTORMATION 5. LOCATION OF STRUCTUREGarlield SWt/4 NWrt!N_arne: . I.oae CottonwoodOwners Association
Mailing address: 6488 Countv Road 233
sitr co 81652i"
Autlprized aScil:'ryavre?oflad
County
4 6 South
Quarter/quartcr
92 Wecl QnuGr6rh
Scction
Meridian
Tomship Raoge Ptincipal
2. COURT CASE #'s: Decree Case No.
Augmentation Plan Case No.
3. USEOFWATER.
6 RESIIIENTIAL (check appticeble borer)godinaryhouseholduse Numberofdrvellings: 3
ftSubdivision: No. constructed units: 0 No. ,acani tots,_l_
! Ugqe egOgltawn irrigation of 7.Jfi) sq. ft/*rcet
Mcthod of irrigation: tl flood fl sprinkler Etdrip tt other
El Non-omnrercial animal rvatcring of 2 animalVparcel
EFire Protection
Yil SlerJqg,Etqmtc rnsle ww vdb m.E b rlbt M.
tr COMMERCIAL (check eppticabte boxes)Numberofunits: Total sq. I ofcommercial unis:_
Description of use: _
BII\IDUSTRIAL
Descrifiion of use:
Eveporetion: Maximum water surface to be exposed:
Desription of any use, other than evaporation, and mettroO of Oiversion,
mtc of diversion, and annual amount of diversion of any rvater withdrawn
A,om tlre pond:
Distance ofwell from section lines
2.940 feet from south section line
4.920 feet from east section line
Elevation: 5.500
Well location address: N/A
(Attach additional pges for multtple structures)
6. I,/TND ON WIIICH WATEIT WILL BE USEI)
(Legal description may be provided as aa attachment)
SW l/4 SW ll4 NW !/4 Section 4. Townshio 6 Sourh- Ranoe 92 Wc*t
Numberof acres intract l0
Itt&tdon lab frc MU, d fipMb ry. nq b @d
7. TTPEOFSEWAGESYSTEM
E Septic tank/absorption leach field ECentral system OotherDistrict name:
Applicant Signature
8. VOLI'ME Otr LEASED WATER NEEDED IN ACRE FEET:1.32 (minimum of I acre foot)
*o*dc aqnahg dailo n1ryJ fr.e qr@ rryA.ComuOa rurW, oad fuhqrW uax twt p* Muodow@tcddtuatMQMt
e t@ fu ndq vfr ru;dc rur* b @ar ao b waad uryc rqoad b Vd Dlvtde.
,tfut ry@ aeM*a il bt td tb ry@ b ftitrlt
frc l|{shld't lott Vatq Alla@ Coaaa oan qtu A* qpWlI]MI'NICIPAL
Description of use:
,L SOURCEOf WATER
Structrrc: Vcll
SfrucoreNanr: GP lYclll,lo. I _Source: Elsurface trstorage l$ruuna vraltr
Cunent Permit * 242127 - (if applicable)
O Direc{ Pumping: Tributary:
I-oc*ion: SW l/4 SW l/4 NW l/4 Sec.4 T.6 S. R. 92 W-
std s.bld lo fl,c tqfi st 6t&lotu ffird
Application Date:
WEST DMDE WATER CONSERVTNCY DISTRICT
WATER USE ESTIMATES
APPLICA!,IT: Lone Cottonwood Ortrners Asooclation
C}\A'ELLING UNITS: 3
IRRiGATED AREA (SO FT): 22500
NO. OF LTVESTOCK 8
ELA/ATION (MSL): 5800
Conbactlunount# 5% tranglt Losc ='1.32 ecrcfret
Cotumn (3)'lrfrEbd s!!l trtecllt
Cdumn (rt)'ltrlga0cd araa h acres
Lhrudd rrs6 e[l l edbns pu h.ed por dey (so/trdzo)
Cof,rttn tOl + Colr.rmn CI) +Cdufln (9) plta 5$mmltlols
coumn (o + column (8) + cdllmn(9)
Cotumn (1'l) S.8 5% bmslt b8l
ur4/208
urat rutteltmatl!0€0703
JAT.I
FEB
iIIAR
APR
MAY
JUN
JUL
AUG
SEP
ocT
NOV
DEC
TOTAL
m
(6)
(e)
(10)
(1 1)
(r2)
(1)
Q'
(3)
(4)
(5)
(8)
300 gelons PGr diy P6r r€sldonot
1595 cDnEumptw ure lor t$D$ ayetems
€0% Ffgston 6ilncl6ncy tor ryrlnl&r lydsm3
e"rw itfOOf" t ..oor"nt t{ilh PodoP adltdmnb
Cdumn (l)'ilmbsrof du'Efilru un]b
Colurnn G)'rfl.rnborcf dtrelltE unlb
0.0E7 0.017 0.018
0.097 0,019 0'0200.140 0.054 0.0570.30s 0.17E 0.1870.392 0.28 0'25E0.415 a.262 0.2750.349 a,212 0.?220.272 0.155 0.163
0.1/+9 0.059 0.062
0.093 0.019 0.019o.oe7 0.91? 9419
ffi o:oi o.oo g'gq 9'91o:oi o.ol o.oo o'oo o'ol
o.os 0.01 0.04 0'04 0'01
0.09 o.ol 0.20 0'16 0'01
;.oi o.ol o'28 o'23 o'01
o:oa o.ot o.3o o'u o'01
o.oi o.oi 0.24 o'te o'ol
6:os o.o1 0.17 o'14 o'01
o:oa o.o1 o.os o'04 o'oto:oi o.o1 o.oo 9'99 9'91oei oo1 o,s 9.g o'91
,r o'l 0.15 tze l'03 0'07
0.023 0.0040.029 0.004o:ma o.oo4 o.oEo o'ooq
o.o-ze 0.004 0.3&[ 0'307
o:ila o.oo4 0.550 o''l4oo:ds o'oo4 o.sEa o'/t7oo:ori o.oo/t 0.466 0'373
016 o.oo4 0.330 o'ze4o:ora o.oo4 o,oeo o'ozz
0.028 0.004
; fir .,1
E7
'\-r.(:
.l
I
g
I
t.?
\-r
l5l*
t' t-/
i.t, i-,'\r.
>]l.,r,. ***/
Current January 2003
Contract #03082lLC(a)Map #478Date Activated 8/21/t3
WEST DIVIDE WATER CONSERVANCY DISTRICT
WATER ALLOTMENT CONTRACT
NameofAoolicant - Lm€ottWod0mar+Asied.ai€n.-+
Quantity of Warr in Acre Fect:m,,*
Applicutt, hcrcfu applies to the Wcst Dividc Water Conseryancy Distrlct, a political subdivision of rhe State of Coloradq
organizcd punuant to and cxisting by virtuc of C.R.S. 1973, $32-45-101, gt sco.. (hcrcinafter refened to as thc ,District,) for an alto0nsnt
contr&t to bercficially end perpaually usc watcr or rvrtcr rights ownd lcascd, or hercafter acquircd by gre Disricr By execution of this
Controct and the attachcd Application, Applicant hercby agrces to the following terms and conditions:
t . Watcr RicltB: Applicant slrall ovm water righB at the point ofdiversion herein lawfully entitling Applicant to diyert
wdcr, u,hich will bc supplcmened and augmcn0ed by wator leased herein. If Applicant intends to diwrt through a wcll, it must be undentmd
by Applicant that no right to divert exisb until a valid well permit is obtaincd from thc Colorado Division of Watcr Resoulrcs.
Quantiw: Water applied for by thc Applicant in the amornt sct forrh above shall bc diverted a1 Appticanfs point
of divqsion fronr thc Disrticfs direct flow rryrtcr rights, and when water is unavailable for diversion purunnt to administratioa by the Colorado
Starc Engineer during pedods q,hen said direct flow waFr right is not in priority, the Distict shall releasc for the use of Applicant up to said
qruttity in acre fea per yecr of storage water owned or cmtrolled by thc DistriA. It is understood thet any quantity allottcd from dilect flow,
$toragc or oftertisg to thc Applicant by thc District will bc limiied by the piority of tho Distict's decrces ard by drc physicat and legal
availability ofwatcr from Disficts sourcies. Any quantity allorcd will only be pmvided so long as water is availablc and tlre Applicant firlty
colttpties wi[t all ofthe tcrnrs and conditions ofthis Curtract. The Distict ard thc Applicurt recognizs that some of&e District's dccrccs may
bc in ftc nams of rhc Colorado R.ivet rilotcr Conscrvation District, and thc ability of thc District to altot direct flow right to frc Applicant may
bc dcpcndcnt on thc cons$t ofrhe Colorado River lVater Conservation District If at any time the Applicant determines it requires less lvater
than firc mrount hcrcin providd Applicant may so noti$ the District in writing; and drc arnount of water allofied under this Conract shrll bc
rcduccd permancntly in accordancc with such ndice. RaEs stnll bc adjusted acoordingly in following water years only.
3. Bcneficial Use and Location of Beneficial Use: Any and all water allotted Applicant by the Disrict shatl be used
fordrc followingbeneficial use oruscs: indusrial,municipal, domcstic andrelatcdusos,orcommercial (exceptforcommercial use from Alsbury
Roscrvoir md exc€pt to d& extent that Ruedi Reservoir water may not be availcble for commercial as that tcrm is defined on Page 5 of Connact
No. 2-07-70.WO547 between lhe United Sates and &o WGst Dividc lVatcr Conscnanrcy District). Applicant's bencficiat usc ofany urd all nruer
alloficd shall be widrin or through facilities or upon land orvncd leascd, opcratcd, or under Applicanfs control.
4. Degrecs rnd Delivefy: Exchange rcleascs mado by tre District out of storagc from Rucdi Rcscrvoir, Grecn Mountain
Reseroir, Alsbury Rcscnroir, or other works or facilities of thc Disrict, or from odret sorrrccs available to the Distisl,.shall bc delirrcred to
ttc Applicant at the outtet urorls of said storage facilities or at the decreed point of divercion for said odrer sutrcs, and release or dclivery of
rdcr st slrch outlst or poinB shall sonstituE ptrformancc ofdre Distiot's total oblig3tion. Delivcry ofwarcr by drc Distist from Ruedi Rosmoir
will advise 1he Applicant, amongotherthingJofthe water deliveryyearto which the initial payment shall applyandthe pricewhich is applicable
to that year.
Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January l - Ifan annual
payment is not made by the due date a flat $50 late fee will be assessed. Final written notice prior to oancellation will be sent certified mail' return
receipt requested, to Ore Applicant at such address as may be desigrated 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 prev€nt the
Distict 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 Districfs sole option
have no fiuther right, title or interest under this Contract without firther notice, and delivery may be immediately curtailed. The allotment of
water, as herein madg, may bc transfened, leased, or otherwise disposed of at the discretion of the Board of Directors of the District.
Upon cancelldion ofthiswater allo&nent Contactwithttre District,the Districtshall notiffthe Division of WaterResources
of6ces in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of all wa&r usc.
7 . Additional Fees and Costs: Applicant agrees to defray any expenses incuned by the Distict in connection with the
s1ffircnt of walcr rights hereundcr, including; but nd limited to, reimbursement of legal and engineering costs inourred in connection with any
waftcr rights and adjudication necessary to allow Applicanfs use ofsuch allotted water rights.
g. Assienment This Contract shall not inure to the benefit of the heirs, successors or assigns of Applicant, withott
the prior written consent of the Districfs Board of Directors. Any assignment of Applicanfs rights under this Contract shall be subject to, and
must comply with, such requiraments as the District may hereafter adopt regarding assignment of Contract rights and the assumption of
Contact obligations by assigne€s and succersors. Nothing herein shell prevent succ€ssors to a portion of Applicant's property from applyinC
to Se District fq individual and separate allotment Contracts. No assipment shall be recognized by the Distriot except upon completion and
fiIing of propcr forms for assignment and change of ownership.
In the ev"11t the wat€r allotted pursuant to Ofs Contract is to be used for the benefit of land which is now or will subsequently
be subdivided or held in separate ownership, tlrc Applicant may only assigr the Applioanfs rights hereunder to: I ) No more than three separate
owners all of*rltom shall be party to a well sharing agreement satisfactory to the Disricq or 2) A homeowners association, water district' water
and sanitatioo district or other speoial district proporty organized and cxisting under fie laws ofthe State ofColorado, and then, only ifsuch
parties, association or special distuict establishes to the satisfaction ofthc Distict that it has thc abilrty and urtrority to perform the Applioanfs
obligations under this Contract In no ovent shall the ovmer of a portion, but less than all, of the Applicanfs property to be served under this
Contract have any rights hcreunder, except as such rigbts may exist pursuant to a well sharing agreement or tlrrough a homeowners association
or special disfiict as provided above.
Upon the sale ofthe real property to which this Contract pertains, Applicant shall make buyer aware of this Contract and
proper forurs for assignment and changc of ovmerchip must be completed'
g. Othcr Rules: Applicant shall be bound by the provieius ofthe Water Conservancy Act of Colorado; by the rules
and rogilations ofthe Board ofDirectors of tho Distriot and all amendments thereof and supplemcnts thercto and by all other applicable law'
STATE OF COLORADO
COUNTY OF GAPJIELD
)
) ss.
)
The foregoing instrument was acknowledged before me on this l4d day of August, 2003, by Wayne Pollard, as authorized
agent fix Lonc Cotlonwood Owners Association.
ORDER
Aftir a hearing by the Board of Directors ofthe West Divide Waner Conservanoy Distict on the Application, it is
hereby ORDERED that said Application be granted and this Contract shall be and is accepted by the District.
This Contract insludes and is subject to the tenns and conditions of the following documenB which must accompany this Contrac't:
1. lvlap showing location of point of diversion (use map provided)
2. Application and Data Form firlly completed and signed
l/lv ConrrnEsbn E:Pires U1?[ZIJf)II
WEST DTVIDE WATER CONSERVANCY DISTRICT
President
).-.,.'
wRJ.25-J5 '.RECEIVED
JUL t I 1985
Itrgl Rtsouncu
ElEqExGltlEllAFFIDAB
T., PE OR
PRINT lN ELAcK lNr'
COPY OF ACCEPTED
EMENT M^ILED
,:OUEtf.
t
cotoRADO DlvlsloN oF WATER RESOUn(es
818 Centenniol Bldg', 1313 Shermon St' t
Penver, Colorodo 80203
GROUND WATERSTATEMENT OF
A}IEXDMENT OF
BENEFICTAL USE OF
EXISTING RECORD
STATE OF COLORADO l rr.
couNrY or -t-q+-Bjj " I J* I
Y LArE REGlsrRATloN
PERMIT NUMBER TOCATION OF WELL
purpose(s); the lcgol description of the lond on which lhe wolcr from this well is
THE AFFIA ttttsl /-,e-S I lc {), lYlcPhq-R,:''r.J c*^" "Qa E*"o / C/ -
whose moilins ,;;_ .J a -u p-t' _ ilf fr or rho ly l$ %, se.ion 04
oddress i" a4qf -,4,5* R4
,,,, S!/*'l* - Qra--' :$las't- r"'-6-dt="e"'92---g'=''4 'u
being duly sworn upon ooth, deposes ond soys thor he (rhey) is (qre) rhe owner(s) of the wc, described hcreon; the wcll is
rocored os dcscribcd obove, or disronces or rs' lcer lrom rr," ##s,,t- secrion line ond /tl': feet from the
*1{#tl.,secrion line; worer Irom rhis weI wos firsr opplied to o beneficiol usc for the purpose(s) dcscribed'hercin on rl"3l
doy of D.Lr- , gS.L;rhc moximuni sirsroined pumping rore of the well i. $-c gollons pcr minule' thc pumping
cloimcd hcreby i, -3 c ., gollons per minurc; .rhe torol. deprh o{ rhe wel I is J a :'>feel; lhc ovGtogc onnuol omounl
of .woter to bc divertcd is - , ocre-fc,; for which cloim is hercby mode lor D',ry ^ gf;c1S{^ck
uscd is
of which
J-**.or? rrrieorcd-ond :!';[i::,1:::l::"*L*:.H?;:"lii"i:f,T:;'rill];'"[lll ;li:l''T!fti!'ili:.fli]iili$
#im***${ilr;il{f[#[L:]H[]ifi'fiiti::ff:i1';H:,iii"',{'"li;"h}:$l.l.iniitmlflitirffiffi i-il''i;';J':;ir-"nii"1"1t!"::itiil:.i::*'l;
,, z - - - lcyprETE REvERSE stDE oF THls FoRM) + )JLJ- 4
sisnorure('r,-4-/r,,i ?{ y't'--'-
Subscribed ond
to before me on
My Commission
t3t^Ll
ACCEPTED
PURSUANT
sworn - *h
rhis Ik doy of , le -8s
FOR FILING BY THE STATE ENGINEER OF COLORADO
TO THE FOLLOWING CONDITIONS:
fiiffit'ffi#Fa't"r!:M
FOR OFFTCE USE ONLY
Court Core No
Prior. - Mo'
-
DoY
--
Yr'
-
oitr. 3 7- Bosin
-
Mon oir'
OAT E
AU0 2 0 1985
D.< * '*
IN T}TE DI$TRICT COURT IN AND
WATER DTVTSTON NO. 5
STATE OT COIORADO
CASE NO. lrl- 905
roR
structure le: The4, T. 6 s., R. 92
F-tLIr)
rN wA't'tiit c,.)ul.i.'i'
I)ivision l.kr. lj
1cT 2 71972
slrATE OF CpLOR/\DO
:-.(.(.!. t .t.E ... *. !.t..y.,(. c:, <' z cIN THE MATTER OI'THE )
APPLICATION FOR )...WATER RIGI{?S Otr' MILTCI'{ W. )
MCPHERSO{ & LESLIE D. MCPHORSCNIN THE COLORADO )
NIVER OR ITS IRIBUTARTES )
)
TRIBUTAflI II{VOLVED: )
)rN EARFIELD cornur )
thia application
Uater Division No. 5 on the
1. Name of Applicant
Address
2. The name of the structure
5. The legal description Df thein the NrtNWt of Secrlon
P.M. at a polnt 75 feet
East of the trIest line of
wATt:tt cLlri;1
RITLING
ABSOLUTE DMREE I'OR
-
UNDER GROUI{D I{ATER RIGHIS
And the Referee havlng made the investigations required
by Article 21 of Chapter 148, C.R.S. 195rr as amended doee hereby
nake the folLoving ruling, to witi
ras refered to the Water Referee of
27 th day of JuEe- , L9?L.
Milton W. l&Pherson & Leslle D. lbPherson
Route 1,sllt,Colorado
ie I'tcPherson Well.
South of the North
sald Gectlon 4.
$/eLL ls located
W. of the 6th
line and 1685 feet
4. fhe depth of the wcll is 102 feet.
5. fhe date of initiation of appropriatlon ie Lg32.
6. The amount of water cl.airned is 0. 1l cubic foot per second,
7. fhe use of the water ls , of t1me.domestic, llvestock r^rater, laqm and
garden irrlgati.on.8. The State Engineerre
9. llhe hlority date le
number is none,
December 31, 1932.
Jr:ne 22, 1972.IO. The date of the application was
It is the ruLing of the Referee that the statenents in the
applicatton are true and that the above descrlbed water right is
approved and granted the indicated priorlty; subJect, however, toall earlier priority righte of others.
It ie accordingly ordered that this ruling shall become
effective upon fillng with the Water Clerk, subject to Judicial reviey
as provided by Law.
a'r p;otest vaS
Tr.. foroEolng
n!' 1 I t'ovod.
Jr:--."tr:rrt o:ld
z l4 *, .*!W'i#g sprinse' cororado this
fl1ed In thts natto:"
"ottttl ls oonflrr::e'f,
nnd is made the
Ou.t"u of thls oourt'
Water
t'later
State
Referec'
Divierion No. 5of Colorndo
'',:rt.,.r!
Jaft*'h-"'-Writer .Iuttt:o
1)
3)
4)
Form N6,
GWS-25
OFFICE OF THE. TE ENGINEER
cbronnoo ortstoN oF wATER RESoURcES
818 Contennial Bldg', 1313 Sherman St" Denver' Colorado 802O3
(3o3) 866-Ss81
APPLICANT
WAYhIE POIJARD
6448 233 RD
slLT co 816s2
( )876-2255
PENMTT TO USE AT'I EOSMNG WEI.I.
APPROVED WELL LOCATION
GARFIELD COUNTY
NE 1t4 NW 1/4 Section 4
Twp 6 S RANGE 92 W 6th P'M'
DISTANCES FROM SECTION LINES
JCso Ft. from €outh Seaion Une
3295 Ft. from East Section Une
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDMONS OF APPROVAL
This well shalt be used ln such a way as to cause no material lniury to existing YateJ rigrtts. The issuance of the
permit does not "".ri"tn" appricarit tn"t-* inirry wi, o_ccur d;oiner vestled water right or preclude another
owner of a vestect *"i"ittgttt fiom seeking relief ln a cfuil court action'
The construction of this well shall be ln compllance with the w_ater well Gonstructlon and Pump lnstallation Rules
2 GCR 4pz-2,unless approval of a varianc; fu ueen granto1'oy * "t" Board of Examiners of water well
c*Jraion-ano p,rmilnsrirration contractors in accordance with Rule 17'
E_hote
Apprwed puBuant to CRS 37€2602(3)(bXllXA) for the YP oi an exlsting well' constructed as a monitorlr
underfile no. MH-20494, and as the onrv *idii',in a tract of land oi'gd"6i"iro described as that portion of th€ NE
1/4 of the NW 1/4 of sec. 4, Twp. O so,rt1,-nno. g2 wJ"r ot tne-iti nr.,r., aamera county being more particularly
described on the "tt""n"A L*trfbit'1.. NOfi:"Seaion 4 is an lrregular (tall) section
The use of ground water from this wellis limited to fire protection, ordinary household Purposes inside three (3)
single tamily dwellings, the lnigation. of not more than on" ""'" oi'nome girAens and liwns' and the watering o{
poittw, oomestic animals, and livestock on a farm or ranch'
5) The maximum pumping rate shall not exceed 15 GPM'
6) The return flow from the use of the well must be through an individual waste water dlsposal system of the
non-evaporative type where the water is retumed to the t"*" "ttt"I,n
system in which the well is located'
I This well shall be constructed not more than 200 feet from the location specfiied on this permit'
DNF\o$oop{
APPROVED
JOz
Receipt No.
' Stats Englne€]
0355644 DArE rssuEo JUL 3 0 l9i3 'J*r,*r,o" oere'[UL 3 o lg95
WEII PERMIT NUMBER L?A4"2
DIV. 5 CNTY. 29 WD 39 OES' BASIN
B URT{IN G M O T]NTAIN,S FIRE P ROTE CTI ON D IS TRICT
Admintsttattue Afilce
Stailon I
611 Maln St. Phone: P70) 876-57i8
P.O, Bott 2 , Fffi: (920) 876-2774
sitt, co. 816s2 E-Mdil chtet$$il@rof,nat
Bfit McliruChteI
17 July 2003
To Whomlt May Conceta:
I har'o nwiFwEd tbp Ganzi Pollmd Exemptlon Plat ftr th$ Bumilg Mounftias Fire
hotcotion Dis*ict and havc no objcsthn to tlre prnposal
i/i d iEEe'0N 'tN i 'l1V.tSi lVlU NUiiSlfr\ UUVIS LldAt:t i0CZ '82' lr,l
'o. l-6
rcc.lt2
Page 774
: , , Reccption
TuIs DmDe Mrdc thie , )
19 6 I bctwccn
. PfWfY W. WILLIAI'IS'
889
, RECORDDR'S STAMP
l,
.
.tf,lE lotuiltllllflY ltt
JAN'fu 196Blac"l-:-'--,-U,
of thc CountY of Garf ieLd
Colorado, of thc first Pert, anrl
of thc
snd State of
Boolc )91 n..orucu au...?.!..2').......-o'"to.t-L:--1t., ....-:{.*gnfX...}.9' i'99'9
u,3-:.. -.J2....-9.h9.:..:.F-.:.$.9..9.S"......r-....-.....-Recorrt c r.
DB t rley oI rJanuarY
and IvIOL,LIE WILIJIADIS
MILTON WARREN MCPHERSON ANd, GERATDINE MCPHERS
:
County of Gaff ieLd and State of Colorado, of thc eecond part:
WITNESSETH, that thc saitl parQi.ggof .thc first part, for and in considcration of thc sum of
TEN DOLI,ARS AT{D OTIIER GOOD A}ID VALUI\BLE CONST.DEITATION .DOLLARS'
to the said partieSof thc first part in hand paitl by thc said partics of thc sccond par$ ttrc rcccipt whcrcof h
hcrcby confcssc6 aud acknowlc<lgcd, have granted, bargaincd, rold and convcycd, aud by tlrcsc prereota do ,
. grant, bargain, sctl, convey aid confirm unto tlrc said partics of thc sccond part, tltcir heirs and asrigno forcvcr, not
in tcnancy in common but in joint tcnancy, all thc fottowing tlescribcd lot 'bt' parcel of tand, rltuatg lying and
being in thc County of Gaff ield anrl Statc of Cotorado, to wit:
tot 3, Lot 4, Soritheast Quarter of the Nort}west Quartert and the'
East llalf of the southwest-Quarter of, the"Northwest.Quarter, and.the
so"irrri.ii Ouarter of the soithwest .Quarter of . the Northwest Quarter,
;iiln-su"ii"" 4 , Township 5' south , Ran 9ie "92 West '' 6th P 'M '
Together with. aLL'improyggents 'thereon and an dlLotment of '210 acre
feet of water iio*-tir. siri- water Conservancy Dis'E,rict and L15 shares
of, stock in the Farmers lrrigation Company'
fOCUfUfn with atl anrl aingular thc hercditaments and appurtcnanccs ttrcrcunto bclonging, or in anywise
appcrtaining, thc rcvcrsion anrl revcrsiona, rcmain<ler antl rcmaindcrs, rents, issues and profits thcreofi and atl the
.ri"td, ,igrrt, titlc, intercst, claim nn<l dcmand wlratsocvcr of thc said part i€sof thc first part, either in taw or cquity,
of, irr and to thc abovc bargaincd prcmises, with thc hercditamcnts and appurtcnanccs.
TO I.IAVD AND TO I-IOLD rho rnltt'prcnrlror ebovo btr(alrrarl nnrl ttorcrlDcrt, wtth tlro rppurtonrncor, unto tho rrld
parties of thc second p*,,ii.rr r"iii uia..osigna forevcr. And thc sakl parti@sof thc first part, forthelllss[v€s,
tireilreirs, a(ccutors, and sdrinistrators clo covcntrnt, gratT bargain and agrce to and with the said parties
of thc sccond part, thcir hcirs,and assigns, that st tlre tirnc of thc enscaling an<l <tcliverT of thcsc prcscnts they i
wcll scizcd of thc prcmises abovc convcycd, as of good, sure, pcrfect, absolutc and indcfcasible estate of inhcriturcc, in
taw, in fec simptc, and ha VB good right, fult powcr and lawful authority to granl bargain,. scll and convcy the same in
ma[ner and form aforcsaid, and that thc samc arc frec and clcar from att formcr and othcr grants, bargains, satis, tiens,
ta:(ca, asscssmcnts and encumbranccs of whatcvcr kind or nature soever, exCept a]'i easement'S and
riglrts of way "i " public oi priv"!9 lSturei l-968 generaL ProPerty
taxes i lease to Bag1"y" "oi;til; -a11 the abbve deiiribed ProPerty
ro r{arch.._r.,.-.r.i6B;-fr;#; io"it"a-.rl}er-eon. and. .renred rp,r(insF -uJ.rti}..--b...
March L, 1968, Provided that second Parties shaLL be entitled to
receive aLt r6ni;i-tiyment"-*.au aftir the date of cLos-ing hereof i
;;iil;g-oir-ana gas lease covering the above described property,
provided, .that -se6ona parties shali be entitLed to receive their
proportionate-interesf of aefaye-a rental.payments -paid' by lessee'
after the ctate of .cLosing here6f ; exceptiig an undivided' L/4 interest
in and to att-oit, g." ""a "[rr.i'minerirs ir, g"-"I-]"9:t;:1"^?:?::
It"SlioH ;;#iii, [3-oliiii-i;l-wiu{"$' ": "u: f?:!l^i".:}:^:::::.of the clerk and Recorder oi carrield couray, colorado, bl.Docunent'
No. 206652 in Book 320 at P;g; l43.thereofi-reserving to fifst..
parries an undl;id"a-iZ+ in[6iest, in and to a1]. oi1' ga: and. other
mineraLs in, on or und,er the above described propgrtY., together
;i[h-rh" iigtri oi-ingress and egress. to prosPFgt fo{r mine and
remove the sariei-U"f["a St"[""-iit""t reiervitions and exceptions.
ll_
tn i, i ,l ,, .,....o'"1uct .....i.' ...U..
\_...,.J6bi.?... ..9ilir:i,.
lirst
i.t1)(.) i'. ),. )
dar'.e Ili3
.-.Ilocordcr
'l:.i.t' ' t.:..t.
;j ... ii,.r.1:.Ii*;.,fi,
llccortlcd
Roccption
, , .,r!,
ilIlfia, os;z ,*r rrru. rr",r",r,i* 'i'! .rt.r'v',-,r sept'ettrber
itr tltt: 1'car of rlur l''rr'l ullc tll('tt:itlrd
riirre lrrtrrclred anrl fifty-nine bctween
DEWEY W. WILJ-IAMS and ROLLLN P' WILLI/\MS
'rf tltc Courrtv "f Garl'icttl
Surte of Colorado' or'ttre l'irst p:trt' atrrl
DEWEY W. WILLIAMS ancl MOI-LIE WILLIAMS
'rt' ttte CourrtY oi Garf ield
rnrl Statc of Colorarlrr' of thc sccoltrl lrart :
n*or,|"r'q SltEtg
IItou
:,t)xu
t,
'rl,. l'
. .-{., I!dlF. l.F. ia.FrC.rl6G
6ld0r06rrzT))
cl ,:)1<GC
UUu{g lt
\\TITNIISSE'I'I{. I'htt thc rritl part ies ':,f thc first pitrt' ft)r ltrtl itt cuttsi'trratiort oi thc suttt ol
TENDOLLARSandclhergoo(landvaluabteccl.lsi'derationB@uDn(EB
t,r rrrc saitl part les of tlc first plrt irr lranct p;ritr ll.v thc saitr Prrtit:s,l tlrc iccrru(l part' the rcceipt
rvhcreof is lrercby cottl'cssctl antl acknort'lcdgccl, ltavc tt,.t;JiJ' released' soltl' conveycd and quit
clairrrerJ, an. by t'ese prcscrrts do rcmise, rclcrsc, sell, con'ey and quit cltim uuttt thc saicl partics of tlrc
:,ccond prrt. their fr.iri nn.f assigns frr.".r, not in tcnancy i,i .nt"''o" 'ttt
itt joint tcrrrncy' ull t'c riglrt'
title, irrterest. clainr in,t a",r,nnii rvhictr ,il ;; il ies .'i tf't" first part
'a
ve in and to the fol-
Iorvintr clescrihcct lot S or parccls of tand' sitttatc' lying and being in the
',:fili";" ""' Carf ielcl ' rn'J State of Colorarkr' to'rvit :
nnlxw'!, swfswilwl*, Pi,swtNw'l' L^"'I arrrl rracts ?' B' e and t0
as showr: by Ptat No. t of tlie rintf."" Orchard Develcpment Company'
which Tract t0 is scmeti'meu aou"ribed u' tr''u southeast te-n acres of
Lct 4 and sorrrerir,.,es desc;ili"o"o ;; SB}NW1NW1 (Said Tracts ?' B'
g arrd 10 are sonlethiines o""""iuocl as Loi +) irt iri section 4' Town- I
"r,i1i-o-souti R;ng; e2 west of the 6th P' M'
-o*uo.uing,however,to}lotlirrP.Wilttamsanurrdividedone-fourth
i.ritcrcst ilr any a*J atl oil, gut ot ol,her minernts in' upot't or under
[he above describccl prope"fy," t-ogcltirer with the riglit of ingress and
egress t"" pr"pouus'of prcsir*.ti;i;-i;;, mintng a,rd removing t'he same'
.l.o l{AvE AND To l.loLD tlre sartrc, togcther r,,,itlr all and singular thc aPPurterlauccs and privi.
legcs theretrnto t *to,igirtg o. i,ranywise thereunto appertaini,g' anrl'"tt tl'" estate' right' titlc' interest'
a'd craim wrr:rtsocvcr or [n" saicr part i"r' ;i;i;;1irr, p"r,..itii.r irr law or equity, unto thc said partics
;iiil seconcl part. their heirs and a<signs forcver'
l N W ITNt':SS \ry 1'l liltli:OF"l'hc said
Irlrr:,1 s irnd scllB' the da1'art<i year
lrart o[ the iirst part ha v€ hcrcunto 5c1 thefr
a:
I'
I
I.
I
I
t:
$
t,
i,
i
tI
t
I
tr
ii
l:
ItI
It
es
bor
I
t
I
I
,te
, alr
of
1'ne forcsoing instruntent rvas acknou'lcdsc<l iil;'i;:"il11,r.,r",(.(
dav o{ Septe mber
lP $9, by *DeiveY W. Willtatns a
STA'I'E OF COLORADO
CountY of Garfie td
nrr lrand and official scal'
cxpircs
FlLed for record
Rocorded ln Doolc
................t...
I ; Nobrz }\llE'
L9|d,at' \t22 otclock P. tl
)"'
Septenrbe.r B t320 at Page
I
lt
t.!'
CTA
tt iiu
,"
$:
I
$
,i,t,
('
I
1l+3 thereof .
ARTICLES OE INCORPORATION FOR A
,1,.i;f,ij Y
ii rlr i'i ri't'At{rllNc
Copies of filed documents may be obtained atg4E gag,lEtr gs;ug AEOVB r?AC! trOn oFrlo! u!E or!'.Y
3. The namo, and tho business addross, of th9 initial registered agent for servico of process on the nonprofit
corporationare:Name WamoPollard
4.
:-.,t -n ;NOI\IPROT'IT CORPORATION
Fonn 300 Rovised JulY 1, 2002
Filinefee: $50.00
Deliierto: Colorado Secretary of 56o
Business Division, 1560 Broadwan Suite 200 t ,
Denvet, CO 80202-5169 .$'i
This document must be typed or maotrino printed?u'
6.Theprovisionsnotinconsistcntwitrrhwregar,rlingthedistribution.o^falsetsoudissolutionaroasftllows:Upon
dissolution, the ass€ts oftho corporatiou shall bc.appgJ anJ aisniUuteU in the mannu providcd by law ftr nonprofit
corporations. fhe MemUers-ffi-uaopt, Uy -"io'tiiy ,"t", " t *f11ti6n pqyne$ing a plan of disfibution Any
corporate assets, or p*dd;il G;i&,ril;i-8u;h';;G ;fii il distributed equaltv among tho taots' Ths
ownership of any oommon toititiugrrnion ,u*, ,ro*-ttt- ooi nuot sball be alloctod cqualty among the traots
se^red thereby. tt u ,r,rr"iifii"fr-*of, t*t ir oo6Ua Jrufr Uo Aitt"Uuted to the owner oiflrc tact' If a tract is
owned by multiple parties, il. ;ffi dilibrrivo strars'd urlricr, iie tact is entitted sha[ bo distibutcd ln its cDtlrety
to thc several ownurs *t o ,utiutr*tioo thc apportionmcnt of suoh sharo as among thomselves'
7. Thc namo and addross irftts inoorporitor is:
Nane WaynePotlard Address 6488CodntvRoad233
silt co 81652
8. Tho (a) namo or n8mes, and (b)-qatling $drery or addrosses, of any-o1e or moro of the indivlduals who csuso
this document to be delivered for filing, and to whom tho s;;taly 61 St*u marr dellver nofico lf filing of thls
documenr is ntused, are' Neil w. coluba. 802 c;; I;;;;;'s;ite 301' P'o' Box 931' GleN"ood SDrinss'
r^^lnarla ll6O?,
oPTIoNALThe electronic mail and/orlnternet address forthis entity idare:
Tho Colorado secretary orffi'uJtre fottowins-altt'g4^?tg1-::.9id5*::d:ffif:*
"*r" N.ilw. c"td;'-,'-.: . ,, ., ; -aoarcssp.o.gox93l. Glenwood sprin
;i;; o'mair
IAN 0 6 200rr
Pursuant to g 7-122-102, colorado Rwised statutes (c+.s), tle individual named below causes
these Artiole, of rnoorplr.'ioo to i. a.Urtt A to tUe bobrado Secretary of Stato for filing and
states as follows:
l.Theentitynamo.ofthenonprofitcorporadonis:IoncCottonwoodOwnmAssociation
Tlu antly none o! a nonprofit corporatton n@ coltlin itte Utnr " cotpotdlon",
,,lncorporated", i'compinyu, or "ltmttd" oilny'iOiitAto, ttluse tqw' 07'90'601(3)0)' C'RS'
The nonprofit corporadon ('{ check appropriate box)-_E.willhavevotingmombgrsEwillnothavovotingmembers
ThononprofitcorporatlonshallnothawaBoardofDirectorsorExecudvoBoard.
EI,ED***ffi?*Ilffil,n*
28031265992 l,l$ 50,00
sEXETffit' S STfiIE
ffi-18-20ttr 16!18!10
Thc address ofttro inttial principal office ofthe nonprofit corporation is: 6tIS-Qggsty+g!*233
iost ofrce bm ailras:
DECLARATION
OF
COVENANTS. CONDITIONS AND RESTRICTIONS
@arcels lr2 and 3, Pollard Exemption Plat)
KNOW ALL MEN BY TIIESE PRESENTS that Victor F. Ganzi and Wayne H. Pollard
(the "Declarants") do hereby declare and adopt the following Declaration of Covenants,
Conditions and Restrictions (the "Declaration"), which shall run with the land hereinafter
described and shall be binding upon all parties acquiring any interest therein or thereto.
RECITALS
A. The property submitted to this Declaration consists of Parcels 1,2 and 3 shown on
the Pollard Exemption Plat, which Parcels are more particularly described on Exhibit A, a copy
of which is attached hereto and incorporated herein by this reference.
B. SaidParcels are submittedto this Declaration inorderto preserye, protect, promote,
enhance and maintain the property values and the desirability and atfractiveness of the Parcels.
C. There is no real estate described inthis Declarationwithrespectto which any owner
of an interest therein is obligated to pay for real estate taxes, insurance premiums, maintenance or
improvements for other real estate and the Parcels are not to be developed as a common interest
community within the meaning of the Colorado Common Interest Ownership Act.
ARTICLE I
DEF'INITIONS
The following terms shall have the following meanings when used herein unless the
context otherwise requires :
I . I Parcel. "Parcel" means any of the Parcels designated as Parcels l, 2 or 3 on the
PollardExemptionPlatrecorded inthe Garfield County, Colorado records, whichParcels are more
fully described in Exhibit A attached.
Propertv. "Propert5/" means and refers to Parcels 1,2 and 3, collectively.
1.3 Association. 'oAssociation" means and refers to LONE COTTONWOOD
OWNERS ASSOCIATION, a Colorado corporation not for profit.
1.4 Owner. 'oOwner" means and refers to any person or entity including the Declarant,
at any time owning an interest in a Parcel.
t.2
ARTICLE II
ASSOCIATION
2.1 Name. The name of the Association is LONE COTTONWOOD OWNERS
ASSOCIATION.
2.2. Membership. Every Owner shall be entitled and required to be a member of the
Association. An Owner shall be entitled to one membership for each Parcel owned. Each such
membership shall be appurtenant to and inseparable from the Parcel upon which it is based and
shall be transferred automatically by the transfer, in whatsoever form, of that Parcel. Ownership
of a Parcel shall be the sole qualification for membership. No person or entity other than an
Owner may be a member of the Association.
2.3. Voting. Each Parcel shall be entitled to one vote. Owners of more than one Parcel
shall have the right to cast the aggregate number of votes that the Parcels which they own
represent. If any Parcel is owned by multiple parties, all such parties shall be members; provided
however, that the vote to which such Parcel is entitled shall be exercised as the several Owners
among themselves shall determine and that in no event shall more than one vote be cast with
respect to any one Parcel. Cumulative voting shall not be permitted.
2.4. Assessments. The Association shall have the right to levy and make assessments
in accordance with its Bylaws, for the following purposes:
(a)
(b)
To promote the health, safety and welfare of the Owners and residents of
the Property;
To pay expenses incurred by the Association in connection with the
installation, maintenance, repair, replacement and operation ofthe common
domestic water system;
To pay any deficit remaining from any previous assessment;
To create a reasonable contingency, reserve, surplus and/or sinking fund;
To pay any other expenses and liabilities which may be incurred by the
Association for the benefit of the Owners, under or by reason of this
Declaration, its Articles of Incorporation or Bylaws.
(c)
(d)
(e)
2.5. Pa]rment of Assessments. Each Owner shall pay the Association, in accordance
with its Bylaws, such assessments as may be periodically made by the Association.
2.6. Periodic Assessments. After any assessment has been made by the Association,
assessments shall thereafter be made no less frequently than annually and shall be based on a
budget adopted by the Association no less frequently than annually.
2.7 . Special Assessments. In the event costs associated with the maintenance or repair
of the common domestic water system are incurred by the Association as a result of excessive
wear or abuse, or the negligent or intentional act of one or several Owners, the Association may
levy a Special Assessment against such Owner or Owners to cover the costs associated with such
maintenance and repairs.
2.8. Added Charges. The Association may impose charges for late payment of
assessments, recover reasonable attorney's fees and other costs of collection and levy fines for
violation of this Declaration or the Bylaws of the Association. A1l such charges shall be
enforceable as assessments. Any past-due assessment shall bear interest at the rate of eight percent
(8%) per annum or at such greater rate as may be established by the Association.
2.9. Collection of Assessments. The Association shall have the right to bring an action
at law against the Owner personally obligated to pay any delinquent assessment or charges.
2.10. Assessment Liens. All sums assessed to any Parcel by the Association shall be
secured by a lien on such Parcel in favor of the Association. Such lien shall be subordinate to any
valid tax and special assessment lien on the Parcel in favor of any governmental assessing
authority, but shall be superior to all other liens and encumbrances on such Parcel. No Owner may
exempt himself or his Parcel from liability for any assessment or assessment lien by waiving any
benefits orby abandonment ofhis Parcel. A transfer (by whatever method) of any Parcel shall not
affect the assessment lien. The sale or transfer of a Parcel shall not relieve the Owner from
personal liability for any assessment made prior to such transfer, and the party acquiring any
Parcel for which any assessment remains unpaid shall be deemed to have personally assumed such
liability.
ARTICLE III
WELL AND WATER SYSTEM
3. 1 Domestic Water System. Domestic water shall be provided to each Parcel from GP
Well No. l, the location of which is depicted on the Pollard Exemption Plat recorded in the
Garfield County, Colorado records (the "Well"). Each Parcel shall be entitled to use one-third
(l/3) of the permitted water available from the Well for ordinary household purposes inside one
single-family dwelling, the irrigationofhome gardens and lawn, the watering ofdomestic animals
and fire protection.
3.2 Easements. Easements necessary for the construction, maintenance, repair,
replacement and operation of facilities necessary to deliver water from GP Well No. I to the
Parcels have been granted to the Association by document recorded as Reception No.
of the Garfield County, Colorado records.
3.3 Operating Costs. The Association shall be responsible for all operating costs
associated with the Well. In the absence of water meters, any and all operating costs, including
but not limited to electrical service charges, incurred by the Association shall be assessed equally
C:GANzvDodD€clsration-Prels l, 2 md 3. wpd
among the Parcels which have connected to or are otherwise using water from the Well. In the
event the Association installs water meters to measure each Parcel's water consumption, the
operating costs shall be assessed among the Parcels in proportion to the metered usage.
3.4 Maintenance and Repair Costs. The Association shall be responsible for the
upkeep, maintenance, repair and improvement of any shared water facilities used in common by
two (r) or more Parcels. Any and all costs incurred by the Association in connection therewith
shall be assessed equally among the Parcels utilizing such facilities. The upkeep, maintenance,
repair and improvement of any water line or other water facility serving only one (1) Parcel and
any costs associated therewith, shall be the exclusive obligation of the owner of the Parcel served
thereby.
3.5 No Obligation Prior to Connection or Use. No Parcel shall incur any obligation or
be responsible for any costs with respect to the Well or water facilities associated therewith for
improvements, maintenance, repairs or operating expenses, except during periods when such
Parcel is physically connected to the Well by a water line or is otherwise using water from the
Well.
3.6 Suspension of Use. In the event an Owner fails to pay the Association any sums
assessed against such Owner's Parcel pursuant to this Article III, such Owner shall not be entitled
to use the Well or any water produced from the Well until payment, in full, of any such delinquent
assessment and additional charges imposed in accordance with the provisions of this Declaration.
Any such suspension of use shall be in addition to all other remedies available to the Association
pursuant to this Declaration.
3.7 Association's Purchase of Water. GP Well No. 1 is currently an exempt well
pursuant to Well Permit No.242127 issued by the Colorado Division of Water Resources. The
Association may amend the Well Permit for GP Well No. l, changing its designation from exempt
to non-exempt and enter into a contract with West Divide Water Conservancy District to supply
the domestic water required for the Parcels. In the event the Association purchases water from
West Divide Water Conservancy District, any costs associated with such purchase shall be
assessed equally .Imong the Parcels.
ARTICLE IV
USE RESTRICTIONS
4.I No Resubdivision. No further subdivision of any Parcel shall be permitted.
4.2 No Mobile Homes. No mobile homes, travel trailers or other movable structures
shall be permiued on any Parcel.
4.3 Single Family Dwelling Units. No Parcel shall be used for any purpose other than
one (l) single family residence and one (1) accessory dwelling unit, provided any such accessory
dwelling unit shall be attached to the main house or located entirely above a detached garuge.
C:GANzrDodD*lrrstion-Puels l, 2 md 3. wpd
Notwithstanding the foregoing, a single family dwelling may also be used for in-home businesses
or occupations which do not involve employees or the serving of customers, provided there is notexternal evidence thereof and no inconvenience to other owners is created.
4.4 Desig{r Review. No improvement, fence or other structure hall be placed upon any
Parcel or altered or changed without compliance with the provisions of Article V below.
4.5 Fence. Any fence installed shall be a livestock containment fence approved by the
Design Review Authority.
4.6 ry No advertising signs shall be displayed or erected upon any Parcel nor shall
any such signs be displayed from any window or doorway of any dwelling unit; provided that, theprohibitions of this Section shall not apply to signs for those engaged in construction work on a
Parcel or to'oFor Sale" or "For Rent" signs advertising the Parcel for sale or lease.
4.7 Antennas. No television or radio antennas and no satellite dishes, except roof
mounted antennas not extending more than ten (10) feet above the highest point of the roof line
and satellite dishes mounted on an approved structure, shall be permitted on *y parcel.
4.8 Garbage and Trash. No refuge, garbage, trash, scrap or debris of any kind shall bekept, stored or allowed to accumulate on any Parcel. Except as necessary to accommodate tashpickup, trash containers shall be kept in garages or otherwise screened from view.
4.9 Vehicle Repairs. No maintenance, servicing, repair, dismantling or repainting ofany type of vehicle, boat, machine or equipment may be carried on on any Parcel outside the
confines ofa garage or other enclosure.
4.10 No Unlicensed or Inoperable Vehicles: Equipment. No motor vehicles, recreational
vehicles, campers, boats or towed trailers, which are inoperable or not currently licensed, shall beparked or stored on any Parcel. No tractors, commercial vehicles or other types of equipment shall
be kept, stored or parked on any parcel, except within a garage.
4.ll No Temporary Structures. No tent or shack or other temporary building,
improvement or structure shall be placed upon the Property, except for such temporary structures
necessary for the storage of tools and equipment and for office space for architects, builders andforemen, during actual construction.
4.12 Building Materials and Other Materials. No building materials shall be stored or
allowed to accumulate on any Parcel, except building materials usedln the course of construction
and only for such reasonable periods of time as may be necessary to accommodate constructionof improvements permitted upon the Parcel. Any lumber, posts, rails and other materials storedon any Parcel shall be kept in garages or otherwise screened from view.
C:GANZUDoc./Dmhation-Pil@ls l, 2 and 3. wpd
4.13 Drainare. No Owner shall do anything that shall impair or adversely affect the
natural drainage. No Owner shall divert drainage water onto the property of anothei or deprive
any other Parcel of its natural drainage course.
4.14 Maintain Appearance. No improvements constructed upon any Parcel shall bepermitted to fall into disrepair, and each and every such improvement shall at alitimes be kept in
good condition and repair and adequately painted, stained, or otherwise finished and maintained
by the Owner thereof.
4.15 No Mining. No mining, quarrying, tunneling, excavating or drilling for any
substance within the earth including oil, gas, minerals, gravel, sand, rock,iarth or dirt shall bLpermitted on any Parcel by any Owner.
4.16 Prohibitions. No firearms shall be discharged within the boundaries of any parcel.
No obnoxious or offensive activity of any type shall be carried on upon any Parcel nor shall
anything be done or permiffed which may be or become a nuisance oi a*g"i to the owners or
occupants of neighboring lands. Without limiting the generality of the foiegoing, no exterior
speakers, horns, whistles, bells or other sound devices (other than security devices used
exclusively for security purposes) shall be located, used or placed upon any parcel.
4.17 No Hazardous Activities. No activities shall be conducted on the Property which
are unsafe or hazardous or constitute a potential danger to any person or Property.
4.18 Underground Utilities. Extensions from the common trunk lines of all electrical,telephone, cable tv and other utility lines shall be accomplished utilizing underground construction
and installation technique and shall not be carried on overhead poles or abovi the surface of theground. The provisions ofthis Section shall not apply to any overhead power line installed by theDeclarant or the Association to serve the Well.
ARTICLE V
DESIGN REVIEW GUIDELINES
5. I Desien Review. No improvement shall be constructed, erected, placed, maintained,
changed or altered (including any change of exterior appearance, color or texture) nor any fence,utility facility or other structure be built, extended, installed or any work undertaken o, *y p*..i
until plans and specifications with respect thereto have been submiued to and approved, in writing,
by the Design Review Authority. The plans and specifications submitted shall show all exterior
elevations, floor plans and specifications and include samples of materials and colors and such
other information as the Design Review Authority may reasonably request. In addition to building
design, the Application shall include a site plan. All plans and specifiiations shall conform to the
Uniform Building Code and other applicable state and local codes and be submitted, in writing
over the signature of the Owner of the Parcel or the Owner's authorized representative. Ali
improvements shall conform with the design guidelines set fonh in this Articli.
6C:GANZVDoc/Delantion-Psels t, 2 and 3. wpd
5.2 Design Review Authority. Declarant hereby appoints Wayne H. Pollard to serve
as the initial Design Review Authority. The initial address of the Design Review Authority is:
6448CountyRoad233,Silt,CO81652. Declarantsreservetherighttochangethepartyorparties
designated to serve as the Design Review Authority from time to time by notice referencing this
Declaration, executed and acknowledged by the Declarants in the manner of a deed and recorded
in the Garheld County, Colorado records. Notwithstanding the foregoing, commencing January
1, 2008, and at all times thereafter, the Association shall serve as the Design Review Authority.
The Declarant may voluntarily appoint the Association as the Design Review Authority at an
earlier date by the execution and recordation of the appropriate instrument confirming such
appointment.
5.3 Design Review Guidelines. The following design review guidelines shall apply to
all improvements, including stick-built homes, manufactured homes (factory-built, panelized or
pre-fabricated) and to any other structures constructed, installed or placed on any Parcel:
(a)
(b)
(c)
The principal residential structure located on any Parcel must contain at
least 1,500 square feet of living space on the main floor.
All housing structures must comply with the standards and specifications
of the Uniform Building Code.
Varied roof lines are required. No home will be allowed to have a single
straight ridgeline for the full length of the home. Hip roofs, partial hip
roofs, garage roofs that intersect perpendicular to the main roof are three (3)
types of construction that can be used to help satisff this requirement.
All homes must have a minimum roof pitch of 4ll2,with preference given
to 5ll2 and steeper roofs.
Every home must be placed on a permanent foundation.
Roof eaves must be a minimum of twelve (12) inches. The majority of the
roof overhangs must be greater than twelve (12) inches. No home will be
allowed to have a single straight soffit line for the full length of the home.
Dormers, covered porches and covered decks are three (3) types of
construction that can be used to help satisfu this requirement.
All outbuildings must be of the same architectural style as the residence and
must have the same roofing and exterior finishes as the residence.
The Design Review Authority must approve all fence designs. All fences
shall be sufficient to contain livestock.
(d)
(e)
(0
(e)
(h)
7C:GANZVDoc/DolEration-Puels l, 2 md 3. wpd
ARTICLE VI
GENERAL PROVISIONS
6.1 Covenants Run With Land. This Declaration shall run with the land and be
a burden on and a benefit to the Parcels and shall be binding upon all Owners acquiring any
interest in any Parcel and upon any occupant ofany Parcel.
6.2 Enforcement. Failure of any owner to comply with the provisions of this
Declaration or with the Articles of Incorporation or Bylaws of the Association shall give rise to
a cause of action in favor of any aggrieved owner for the recovery of damages or injunctive relief
or both. The failure of any owner or omers to enforce any such rights shall in no event be
deemed a waiver of the right to do so in the future.
6.3 Amendment and Revocation. This Declaration may be amended or revoked only
by the written agreement of all the Owners of said Parcels 1,2 and 3, and any of the undersigned
Declarants then having an ownership interest in all or any part of Parcel4, shown on the Pollard
Exemption Plat, executed, acknowledged and recorded in the records of the Clerk and Recorder
of Garfield County, Colorado.
6.4 Duration. This Declaration shall continue in effect until revoked or terminated in
the manner provided above.
6.5 Severabilitv. If any clause or provision of this Declaration is determined to be
illegal, invalid or unenforceable under present or future laws, all other terms and provisions hereof
shall nevertheless remain in full force and effect.
IN WITNESS WIIEREOF, the undersigned have executed this Declaration this _ day
of 2004.
DECLARANTS:
Victor F. Ganzi
Wayne H. Pollard
C:GANZl/Doc/Dolaration-Parcels l, 2 md 3. wpd
STATE OF NEW YORK )
) ss.
couNTY OF _ )
The foregoing instrument was acknowledged before me this _ day of
2004by VictorF. Ganzi.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me this _ day of2004by Wayne H. Pollard.
Witress my hand and official seal.
My commission expires:
Notary Public
C:GANZVDoc/D@hotion-Puels t, 2 snd 3. wpd
EXHIBIT A
to Declaration of Covenants, Conditions and Restrictions
PARCEL 1, ACCORDING TO THE POLLARD EXEMPTION PLAT
also described as follows:
A parcel of land situate in the SW%NW% of Section 4, Township 6 South, Range 92 West ofthe
Sixth Principal Meridian, County of Garfield, State of Colorado, said parcel of land being more
particularly described as follows:
Commencing at the west t/q corner of said Section 4, a brass cap LS No. 14060
found in place; thence N00"47'3 l"W 657 .42 feetto a rebar and cap LS No. 13501
in place, the true point of beginning; thence N89' 18'32 "W 661.62 feet to a rebar
and cap LS No. 36572 set in place; thence 500"4122"E 210.80 feet to a rebar and
cap LS No. 36572 set in place; thence S89" l8'32"W 661.49 feet to a rebar and cap
LS No. 36572 set in place; thence N00"47'3l"W 210.80 feet to the true point of
beginning, said parcel of land containing 3.201 acres, more or less.
******
PARCEL 2, ACCORDING TO TIIE POLLARD EXEMPTION PLAT
also described as:
A parcel of land situate in the SW74NW% of Section 4, Township 6 South, Range 92 West of the
Sixth Principal Meridian, County of Garfield, State of Colorado, said parcel of land being more
particularly described as follows:
Commencing at the west t/t corner of said Section 4, a brass cap LS No. 14060
found in place; thence N00'47'3 l"W 446.62 feetto the northwest corner of Parcel
2,the true point of beginning; thence N89"18'32"E 661.49 feet to a rebar and cap
LS No. 36572 set in place; thence S00'45'22"E 210.80 feet to a rebar and cap LS
No. 36572 set in place; thence S89"18'32"W 661.36 feet; thence N00'47'31"W
210.80 feet to the true point of beginning, said parcel of land containing 3.201
acres, more or less.
(Page I ofExhibit A)
C:GANZ/Doc/D*lsntion-Puels l, 2 and 3. wpd
******
PARCEL 3, ACCORDING TO TIIE POLLARD EXEMPTION PLAT
also described as:
A parcel of land situate in the SW%NW% of Section 4, Township 6 South, Range 92 West of the
Sixth Principal Meridian, County of Garfield, State of Colorado, said parcel of land being more
particularly described as follows:
Beginning at the westYq comer of said Section 4, a brass cap LS No. 14060 found
in place, the true point of beginning; thence N00'47'31"W 235.82 feetto a rebar
and cap LS No. 36572 set in place; thence N89" I 8'32 "E 66r .36 feet to a rebar and
cap LS No. 36572 set in place; thence s00'45'22"8 236.99 feet (whence a rebar
and cap LS No. 36572 witness corner set in place bears N00'4J22"W 25.00 feet);
thence s89'24'37"w 661.22 feet to the true point of beginning, said parcel of land
containing 3.589 acres, more or less.
C:GANzrDoc/Dshntion-Parels l, 2 and 3. wpd
@age 2 of Exhibit A)
370-625-1522Tolu FREE: a77 -a,e,e-e,449Fax: gzo-6p5-1Ego EiYFIAGUSE
wKed;fai;iiiij.'rij:r!:.it ii(.1:],:;},!'51i1,1!r1Er,u*.u,**ir*1ir*.:f,lfti*{j.i:ir&it1l;ilii:irit?r;,r
]trIFITLLINGi Gl PUMP
: GCl.rlNC
PO Box esr
FITFLE, Couonaoo
El1650-069l
November 26,2003
Walme Pollard / Victor Ganzi
6488 County Road 233
Silt, Colorado 81652
Re:
RECM"TTTUO
0Fc o t ZrarlS(iA,+;.,,.,,.
a,'tb,NGi.'fififlIil.
Dear Sirs,
On April 7,2003, orrr coqpany prefonned a pump test on the above refererced properfy.
Based upon the performance of the above referenced Well, it is our professional opinion
that the Wett is more than sufficient to supply three (3) dwellings. This is based upon 3.5
people per dewelling using 100 gallons of water per percon per day
Thrrk you for the opportunity to serve you. Please feel free to contact us with any
questions or comments.
1t2024
WELLS r SeeetAury DRrluNe o puMes -SALES . INSTALLATIoN . SeRvtce & Teslrue
S'yracuoe Dri[try & PumP Co.p Inc.
WELLA . SFECIAL?YDRILLINE . PIIMPB . WATEITTREATMENT
Sat Es r lrrtFraLIJTIoN ' SmRvlcn & T=cttFIe
PO BOX 631 . RIFLE, COLORADO ' 81550'0631
970€aBlEan
877i122€,{,dB
Fru< 97OGZ$ISSO
Rc:
April 15,2003
Waync Pollard / Victor Ganzi
6448 County Road 233
silt, co 81652
Dear Sirs,
On April 7,2W? our eornpany conducted a four- (4) hour Prrmp Tcst at the abovc
refereuced property. The foilowing datat'as aompilod:
o Pump sct- 190 feetr Static level - 79.5 feet at staxt oftest and 120 feet at end oftest
e Water pumped at l5 Gallons Per Minutc
If any questions arlse, please feel free to contact our office.
Yours tnrly,
No, 1382
Co,. Colorado
JJD/rht
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Tcrt
Typc 79e $rtto
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SHUTOFF P8I 4,(4aup,.{ ,.up4,,, 3o fr.;fl *<r*F".ffi'6ffiF-
BPM O40lbl-
GPU O80lba
GPM O Eotbr.
€PM O 100 tb.
Syracu$ Drllllng & pump Go., lnc.
970€25.1622 - Fax 870€AE-1590
gxe 4:7d{ Wtfi#Arfthr
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L LocArloN Ag DRILLED: 8W il{ NW 1/4 Sc6, 4 Twp. g$-_jeneeANCE FRoM sec, LINE$
- -
-'
%T^f" South sec. Llne. and 4820 ft from Wctt 6cc. [inc. OR
82W
LOT BLOCKATwErruocertoxf
Eocxlptio ol ftlrMd (Yypr, Biro, CCl6r, VV.t r Loorfigl)
Tob gou
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GEOLOGIC
pEprl
t5
Yi,ELL COHSTRUGTION AND TE$T
STATE OF COLORADO. OFFIOE OF THE STATE ENGINEERg!"8m,ru, DfnvEf, CO 80203
ccrY
GROUND SURFACE ELEVANON fi. ORILLING METHOQ AIT ROETY
0+h
60
7 P|AIN CASTNO
OD (ln) KIN Wdt Stzc
Materlal N/A'
Blgc H
lildcilal Amounl Dcndty tnErylt Hadftrmcnt
s qff, t.t _ O,sg
H_
12 WELLfEqT DATA
TESTIHG METHOD
Static L$rel
Fumplrg level
ficrr.* box if rest D6ta IE submtBcd on Fom No, GWs 39 supptamentalwe[ Trst.
1F0 ft, Dsra/Tlme meaeuEd , tcrtlength (hrs )
8o _& Oatef ima rnraiiircd
t hEv.l80d thr 8tEtefieilE m.d. ltEfiin rnd know lh* conGntt trerool, ena [,ltfi,.ittt truili] r,rarrcagi@g.R.s.. lnc maklng otlal8G fletrmEnts h6fch conrlitut * porJury irrthc raoood cronr rnd to punishrbt. * a de}s 1 mllc,ailmnq,l
UUViS ildtZ:0 8002'tZ,)dv
AEZ Laboratories, tnc.
2773 Downhilt Drtve Stdamboat Spdngg CO BO4B7 (AOO) 534-S4gs
Jay Deline
Syracuse Drilling and pumping
P.O. Bok 631 28271Hwy 6 24
Rifle, CO 81650
30/Apt/03
scott Habermehl, Project tvlanager, has reviewd and acceped this report in ia eftirety.
April30,2003
Project lD: POLLARD EX. WELL
ACZProlectlD: L40BB3
Jay Ddine:
W aI9 me amly1drcrll results foremple(s) submitted to Aczlaboratories, tnc. (ACZ)on April 16,26y5-.This prcjec't has been assigrred to ACZs project number, L40883. Please reference this number in allft.rtrreirtquides.
All analyses were performed according to ACZs Quality Assurance plan, version 10.0. The enclosed resulbrelate onf to the samples rcodved under L408E3. gac-n secUon of ttfs report has been revianrect and+prwed by the approgiate l€bonatory supervisor, or a qualified suHitute.
Please assess the encboed report only in its entirety . Aczprohibits the reproduction of this report, except infull, wi0mrrt the written apprwal of ACZ. ACZ is noiresponilule for the oonsequen@s arising ftom the use of apar$alreport
Allsamples and subsamples associated with this project will be disposed of after May 30, 2003. lf 0re
tsmples ale determined to be hazardous, additionat charges appy ror disposal ttvpxiyy less than$10/sam@). ff 1ou rrouH like tre samples to be held n Eer din eczs stated potitqy or to be reftrrned, pteaseoontact your Prolect Manager or Customer Service Representative for further details and associated costs.AGZ retains anatytical tBporB for five years. Please dry your Project Manager if you have other needs.
lf you have arry guestions, phase oontad yurr Plojed lvlanager or Custorner service Repreeentative.
AE,Z Laboratories, lnc.
Syracuse Drilling and pumping
Proiect !D:
Samfle lD:
POLLARD EX. WELL
ALL SAMPLES
2773 Downhill Drive Steamboatspnhgg CO SO4B1(SOO) 334-S4gs
ACZ Sam$e lD:
Date Sampled:
Date Recei@:
Sample Matix:
LIUW301
0411410317:00
04t16103
GIwNWM
Metab
Arsenh, total
recoverable
Badum. btal
recoverable
Boron, total
recoyerable
Cadmium, ffial
recoverable
Calclum, Ual
rec5t€,aD/b
Chrcmiwr,blal
recoverable
copper, lotal
M200.8 tcP-MS
Mm0.7 tcP
M200.7 tcP
M200.8 tcP-MS
M200.7 tcP
M2fi).8 ICP-MS
M200.8 tcP-MS
M200.7 tcP
M200.8 tcP-MS
recoveiable
lron, total recoverable M200.7 lCp
Lead, total rccoyeraue M200.0 lcp-lilS
Magnesium, btal M2ff,t lC;p
roco\rdable
Mangan€6o. totel M200.7 lcp
reooveeble
Mercury, total M245.1 CVAA
recoverable
Molybdenum, totat M?oO.l lBp
reooverat[€
Potassaum, btal
recoverable
Selenlum, btal
recoverable
Silver, tolal recoveraUe M200.9 lCp-MS
Sodium, total M2(n.7 lcP
reoorerable
anc, lotal recoveraue M200.7 lcP
Total Recoveral{e
Digeelion
M200.2lcP-MS
M2fE..2ICP
0.0102
0.028
0.08
12.6
0.()o40
0.o147
1.21
0.0017
2.7
o.o22
o.o2
1.4
0.002
328
0.02
mgil-
mgr-
mgn-
mg/L
mdL
mgfl-
mgfl-
mg4-
mgr1-
m,glL
mg/L
mg/L
f,ngfi-
m/L
mgrt
mgfl-
m/L
mdL
B
u
B
U
0.0005 0.003 O429tO3 S:18 tcj
0.003 0.01 Mll9lfi3 t1:21 V
0.01 0.05 O4l19N3 11:,21 bf
0-0001 0.0005 (Xf29l03 5:18 tcj
0.2 1 04t19tt311;21 M
0.0001 0.qX)5 04f29tXl t4:49 ib
0.0005 0.003 O4fNt0314:49 lb
0.01 0.05 Ml19tO311:21 bf
0.00010.006 MI29N3S:18 tcj0.2 1 Mt19N311:21 bf
0.005 0.03 O4t19lO3 11:21 bf
0.0002 0.001 o/'n&ng 1.3,i23 wfg
0.01 0.05 O4l19tO3 t1z21 bt
0.3 1 Ml19lO3 11:21 bf
0.002 0.008 (X/29O3 5:i8 tcj
5E{5 0.0003 Ml29l03i:18 tcj0.3 1 MllglOS 1,ti21 fr
0.01 0.05 A4119N311:21 w
A4D1l031O:48
Ml18l0316:,48
REP|N.0.t . i .t.00.0,
L40883: Pagc2oflO
-
' Pleaaa refer b Extended eualifler Rerriil for &tatl
AEZ Laboratories, tnc.
Syracusa Drilling and Pumping
Prqiect lD:
Sample lD:
POLLARD EX. WELL
ALL SAMPLES
2773 Downhiil Drive Steamboat Spdngs, CO BO4A7(SO0) 934-5493
ACZ Sample lD:
Date Sampled:
Date Received:
Sample Matrix:
Lt 0lP834l
0411410317:@
04t16t03
GtwrldWater
Wet
Alkelinity as CaCO3 Slt42320B - Tifation
Bicarbonate as
CaCOB
Carbonate as C€CO3
Hydroxlde as CaCO3
Total Akalinity
Chloride M325.2 - Colorimetric
Color Mt10.1 - Colorimetic
Co,1d,.Jd,ittry@zrc M12O.l -)It€ier-Fluoe*le SM4500F-C
Hadness as CaCO3 SM2340ts - Calculatircn
(total fecov.)
Nitrate as N, dissolved Calculation: NO3NO2 minus NO2
Nitrate/Nitrite as N, M353.2 - Automated Cadrnium
diosokod Reducdon
Nitdto e6 N, dissolvod M353.2 - Automated Cadmium
Redudion
163
5
174
192
20
16fl)
2.5
43
a.o2
0.03
0.1
8.3
0.06
1110
380
18.6
mgfl-
mdL
mg/l_
mg/L
mg/L
Co/Pt
umhos/cm
mg/L
mg/L
mgru
mgr-
mg/L
mg4-
ulib
ms{-
10 0/,l'l7lOSO:N lzg
B
U
210
2 't0
210
320551100.1 0.5
't7
0.02 0.1
o.o2 0.1
0.01 0.05
0.1 0.50.1 0.1
0.01 0.05
10 20
10 20
0.2 1
04/17O3 O:fl) lzg
04/17103 0:00 lzg
04/17103 0:C() lzg
04117N39:25 prw
o4,l16l0B14:t7 kb
O1l17lfr318:,fi lzg
G/16/03 15:36 mah
0,1/30/03 0:00 cab
04/30/03 O:ffi calc
O1l16b3 l7'lA kmc
&/16O3 16:00 kmc
U/23/03 9:56 ksj
04117103 18:55 lzg
O4116103 16:OO kmc
O4l18lO3 11:8 kb
o4l18/03 8:23 kb
O4l16l0i 14:,10 mah/kb
tf
Blll .
q
Nltsogon, ammonia
pH (lab)
Phosphorus, ortho
dissolvod
Residue, FilbraUe
crDs) @180c
Sulfato
Tubit$ty
M350.1 - Automated Phenate
M150.1 - Electrometdc
M365.1 - Automated Ascorbb Acid
M16O.1 - Gravimetrio
M375.3 - Gravlmetric
M18O.l - rrl€ph€bmobk:
mdL
mg/L
NTU
L40883: Page3ofl0
' Please refer to Extended Qualifter Report for detail.
AEZ Laboratories, tnc.
Batch
Fwrd
Linit
Lower
MDL
PCMSCTV
PQL
actu
RPD
UWr
Value of the @ Type of interest
UpperlimitfcRPD, in %.
Lower Recovery Limit, in % (except ior LGSS, mSKg)
ilhthod Detec*ion Limit. Same as Minimum Reporlirg Umit Allows for instrument and annual ltucluations.
A number assigncd to roagonts/standards b tsaco to thg manufacturg/g cortificate of analygis
Pracflcal Quantltation Llmlt, typhally 5 flmos fte MDL.
Tn 6Valu€ of th6 Control Sampleor ths amour[ addd b tsle Spik6
Arrurnt d th6 tuo vaftro or spiks add6d r€oor/6rsd, in 96 (or[?opt br LCSS , rI]{lfi<gt
Relatiw Farcent Oifi€r€nce, calcubton us€d br &Jplicate QC Types
Uppcr Recovery Limit, in % (except tu [CSS, mg/Kg)
fuirph Value of the Sample of intar68t
LFB
LfrM
tFuo
8B
MF
MFD
aPs
4wpav
sor
AS
ASD
ccB
GCy
DUP
tcB
tcv
,cgla
AnaMical Spike (Post Digestion)
Anah/tcal Splk6 (Pd Dtgostton) Dupf,cate
Cor0nuin0 Cdibraftbn BlaI(
Contnuiqg Cafuaiion Vedficdion standard
Sample Duplcate
lniUal Cabnalion Bhnk
lnitial Calibration Verification standard
lnbr.element Coneairn Standad - A plus B softdonB
Laboratory Contd Sample - Wder ltuplicde
Laborauy Fortm€dBtaI*
Lbo6tory Fortfied Matt(
Labdatory Fortifi€d Matix Dupfcate
Laborabry Re4ent Blank
ltlalrix Spike
Marix Spike Duplicate
ftap Bhnk - Soil
ftcpEank-Wder
Practical Quantbtion Vorification otanderd
Sedal Diluton
ICSS L"Soraory Con0ol Sampb - Soit
LCSSD taborabry Con0ol Sampto - Soit Dup$c8tE
LCSW llborabryconuolserue-Wator
A distinct set of samples analfzed at a specific time
vedfiss that tl€re b no or mlnimal dontamination in the prop meulod or cdibration pmoedura.
Collfol Samplee
Apfc*ec
Spikes/Fordfied Matix
Standa?d
Vedfies the accunacy of lhe me0rod; indudiqg the prep procaduro.
Verifies the prEcrsim dlhe insfrurncrn andlor method.
Detennines sample matrix interfererices, lf any.
Vedfies the \€lldity of the calibradori.
B
H
R
T
U
V
w
x
z
Analylo mnc6ntatlon detectod at a value bcfil66n MDL and peL.
Analysis exceod€d rnothod hdd lime. pH is a field t63[ with en iflnedlato hoH tims.
Potrspr(e r€corr€ry acoed€d becauae rhe odre opike ln thd sef fet u,flhin lhe givcn lirdtr.
High R€hti\,€ Porcont Difiar€ne6 (RFD) accopted becauso s5mpb ooncentrations are leee than tO( the MDL.
Analyte ur6 anidlzsd for but not ddtected at the indicabd MpL
H&fr t aI* daa acoepted bocause sample conconraton is lO tnes hlgiher then blank concentation
Poor r€covery for sifuer quafity oonhd b accepted because bifer omen ffecipitateo with Chloride.
Ouality cor{rol sample i$ ont ot contol.
Poorspn(3 rco,pry h aocsp0gd bocarse mmple oonccrfa{on bfuurtmoG g[eatorthan spil(6c!|rcarlrilon
(1)
(2t
(3)
(5)
(6)
EPA @(y4-${n0. illethods for Chenricat Anaipis of Watel and Wast€s, March i98g.
EPA6qyR-9&100. M€fiodsiortheDeteminationoflnorganicsubstanceslnEnvironmental Sample6,Augrrstigg3.
EPA 60OR'9&111. Metrods for the Delerminatisr of Metald in ErMronmental Samples - Supplernent l, May ,t994.
EPA SW{46. TeC M€thoda fur Evaluadng Solid Wa6te, Thiid Edton wifi Update lll. Do6amb6r tg96.
Standard ,reilroda for fhe ExamiEtbn of Wabr erd Wadauufbf, i$r edtion, lgo5.
(r)
(2',,
(3)
soll' s[dg|q and Plant lnatrices fu lnorganh analysee are ,qpon6d on a rlry welght basls.
Anfind matslces for lnorganlc analys€s ar€ ftrpoded on an "as rccelved. basb.
QC resuls calculated fronr iaw daia. Resultc may \rary slighfly if the rcun@ values ale med h the cahulatons.
L40883: Fage4ofl0
AE,Z Laboratories, Inc.
2773 Downhill Dive Steamboat$pfings, CO 80487 (800) Jg4-5495
Syracuse Drilling and Pumping ACZ Prqiect lD: lr$8,U,
L4(m$fi WG155034 NiuateNitrite as N, dssolved
WGI54S, nrccptrcG, ortro dissoked
M353.2 - At tomted Cadmium
Reduclion
M366.1 - Aubmated A*oorbbM
?2
RA
lnidal analysis within holdlng Urne. Reanalysis for the
requircd dilution was past holding lime.
ReHivs Psooil Dlfi*Brrca (RPD) erceeded fnl[ sanpts
@nc€rlrdiorre dB le8s t,lan 10x fle MDL,
L40883: Page5ofl0
AEzlaboratories, tnc.
2773 Dowahill Drive Steamboat Springs, CO BA9T $N) 33+5493
Syraouse Drilling and Pumping
POLLARDEX. WELL ACZ Project ID: L40883
Date Received: 4116/03
ReceivedBy: documenrcontrol
l) Does this project rcCuirc special hadling procedures such as CLp protocol?
2) Are the cuetody seals on the cooler intact?
3) Are tbe custody seals on the saryle containere intact?
4) Is there a Chain of Custody or other directive shipping papers prcsent?
5) Is the Chaio of C\rstody completc?
6) ls the Chain of Custody in agreement with the samples received?
7) Is there e,nough sanple for all requested aoatyses?
8) Are all samples withinholding times forrequested analyses?
9) Were all sample contnirnrs 6""iro4 1o*,,
l0) Are the temperature blanks present?
I l) Are the trip blanks (VOA md/or Cyanide) presenfl
I 2) Are samples requiring no headspace, headspace ftee?
l3) Do Src sampleslhat requirc a Foreign Soils perrnit have one?
{
{
{
./
{
./
{
.l
{
{
"/{
"/
hlerld Tcmo (oC)Rad (uR/hr)
\CZ 13.2 t2
-
1,40883: Page6ofl0
AEZ Laboratories, lnc.
Syracuse Drilling and Pumping
POLLARDEX. WELL
ACZ Project ID: L40883
Date Received: 4116103
Received By: :urnentcontrol
2773 Downhill Dive Stewfioat Springs, CO W4Bt (\ffi) 334-5493
IAMPI.E ]UENT ID R<2 G<2 Y<2 YG<2 B<2 rc<2 o<2 T >12 P >12 N/A RADJr(m3{,{tlsAt Pt-88 Y Y
REPAD.o3.ll.00.0t
I"40883: Page7oflO
Afr,Z Laboratories, tnc.
zngMrgbtw $rsrr0os(Srrags, @ @1gT ON)*S1go
I"40883: Page 8 of l0
io peron Rcportand kwolco Garton Copy: Report hnndcc:
Prqpct nrnr andlor FOG
br-r.-acD ?1.e*yartolf hfgt{-
:*,ffi tpcrrrr fu9c62 thf-*
FRfilQilzt.01.(p.(n -Rermr,fi tgngb. yslnr-Rda[lhyoirIlqda.
\
: LABOFATOBY & RAOIATION SERVICES, 81OO LOWRY BOULEVAFDj DENVEB, CO 8023e698i
SAUPLE TNFORIIANOI\I:DATE TIME ,.BY-!rur;*WR@
RECEIVEO
Nor BE TESTED rF At-LrNroRirAnoH rs ror pRouoCDL,- OTot G ?',{' / i-i'z-
Resut-rsj see nn Etse ion ixao*oo*
#^,. "*'*,ii. U r'[eq dlir**:l
-
tFROI,l : GDLUBA & GDLUEA aTTYS AT LAI PHONE NO. : 97A 945 9143
,"iAi{ tl i 2004
Uri.i\,'-;,..*:-; t,,,jii I Y
BUU.DiIIG & PLANT'IING
Ntct{o],,AS w' GOLUBA
DATE:
TO:
FAXNO: 3g+34T0
FROM:
RE:
MES$AGE:
GOLUBA & GOLUBA P.C.
ATTORNEYS AT LAW
I,IS BANK BUII-DING
t02 GRAND AVEMTE, sutTl:; r0l
P.(), Eox 9ll
GLENW@D SPRIN0$, coLoRADo EI60?
(970) 945.9t4 I
Frx (970) 9ai,0taJ
D7 2BB4 E8:44Al"t P1
NEIL W. coLUBA
FACSIMILE COVER SHEET
March 1,20M
Garfreld_Couuty Planning Departmern
ATTN: Fred Jarman VNeil W. Goluba
Pollard Excmption plat
Errclosed please find the proposed fora of B[rliws for [,one Cottonwood Owrrcrs
l':Ti:':":;,.rl.S:l:,-nln:",if rh;;e;il;ffi ;llu,"q,,i,"beroreexecution of the plat nextMonday.
;',[1'PJiH:f;LHl?::jil:f**,inctudins this cover sileet. prease oau sheily ate?a)e4s-
Original documents will:follow by rcgulaf mail
follow by Federfl Express/upS
not be sent
NoTG
lm?Hlli'31ffif"ixlxi'#ffi,lTffi:T,fi$ri:*yHl]:s,Il:j:Hrygl:ll rHE
^moRNEy*oRx
pRoDUcr
iH:fJ.i{rif*l}1x;;il'**ht'*illl;*:[ffi1x;]]iltliili*ilffi?!i#r.Tn:]:,-#,?xr*,"-1?iracsinirr. rfthcpc,seprco,'urrccc,';ii;il,i;;ili;;;:ffi;HJ;;itJ'J#ILir"rlTrT*trrrrivcdbyvimc"rrr,isr*virer;;;iy
fy::ble.:*ll11:'li!h"F,.d,*ipil;.;;;;:;;;#;;"*.",coDyin€orrhir6*",..-j:1.y1:-',lgglripi.."l.*rt'"c*rLvoeo,.e#[ruil"']lr'if,:f;J#f,HHiffiti'*xtilm:xlifr#iiifris1ff#l,ir.1lffiTf,ffiffi*"ffiflr*,ruffiil'#,,ri,1.lll*g'J,ffifrrr;,_ffi];il;,:iffi:;fffi?,#iffiTlff:T:ilHll,illfl'"t_Ti#;,[1r"::1."Til1addrixs Vir lnc U.s. po*rr Sicc. il;t;;:
()
()
(,.)
-
FROI,I : GDLUBA & GDLUBH RTTYS AT LALI PHONE NO. : 97A 945 9143 at 2BA4 BB:45p14 p2
ARTICLE I . OFFICES
^Th" principal ?{l"-"^orte corporation shali be located at 6448 county.Road233' Silt, colorado 81652. The corporation may have such other offices eitherwithin the state of cororado as the-Execurive B"*a may designate, or as thebusiness of the corporation may require.
BYL-AWS
gE
LONE COTTONWb()!
owNSRS ASSOqTATToN
ARTICLE II . RECITALS.
Hl,^P*^ft" pr{posc o{ this non-profir corporation is ro:*::::g:F Dectaratio,, oFco.,u"*t*, C""diti;; ffi il"_i;ir;*T#:#[j I
f"".Hg;l"j:'*:l*-B*on";,.*hi+.;d;il;JJJ;l;:ffi::i:3"^1xyes parcers l, 2 and^3. on_ir'.- porild;;;ffi#r;ilJ:""*ffiX
I:":""r, :.i ). *: "i t cql"{ Gi,r" i'I*"a; ft ;;:ffiJ;In-rj"*:,,1o* n*i"uru'rr o"*r"i i, "eiiriri'":.x;'illlh*?lil
"Development').
shall signi& that rhese Byraws ,rc u.""prJa, iiiii.fi"ra *iil I"f;;:T*[:
section 2'2 Apolicaion. AII present and futtrre owners, tenants and pcrsonsusing land, parcels or improvemenil within the Development, are subject to theprovisions set forth in tuese Byraurs. Th;;; *l;Jitio' or rentar iiLy parcer
:ilT,.*1:,:lT:l::,I:f_::_;""t"ro.cup.r.y;fril;,*,eoranyportionthereof
section 2'3 The DeqlaratiotL ,,hfninorofit cprporation is organized to caffyout the purposes and directires oi.the Declaration *"ito the extent any provisioncontained in these Bylaws conflicts *t h ,h;;"i;ion, the provisions of theDeclgration shall be deemed to control - vvrse
FRDI,1 : GDLUBR & GDLUEA ATTYS AT LAU PHONE NO. : 97A 945 9143
(thctr.ha.r.rri 2
ARTICLE III - DEFINITIONS
section 3.r Association. "Ass<)ciation,, means and relbrs to LONECOTTONWOOD OWNERS ASSOCIATION, a Colorado corporation, not forprofit.
Section 3.2 Owner. ,.$,nnerP means and refers to any pcrcon or entitJr,including the Declarant, at any time owning a p4rcel
section 3.3 Parcel. '?arcel"mears uny oftthe Parcels designated as parcels1,2 or 3 on the pollard,Exernption plat, wtrictr pf,rcels are more fully described inExhibit A attached
- Section.3.4 Motgagj, (Mortgage,, means and refers to any morJgage, docdof trust or other security instrument 6y which a parcel or any part thereof isencur4bered.
section 3.5 Mortgraeee. "Mortg agee,, m-eans and refers to any.person orentity named as a mortgagee or benefrci.ry ,*cE any deed of tnrst * *o*g"g.under which the interest of any owner is encumbered.
at 2a84 BB:45AI"1 P3
Sectipn dL MemErship. Every o'\ilner shdlt ue entitled and required to bea member ofthe Association. An own.r shall be egtitled to one (l ) membership foreach Parcel owned' Each such membershipsh$f be appunenanr to and inseparablefrom the Parcel upon which it is based, andshall be traisftned automarically by thetransfrr, inwhatsoever form, ofthatParcel, ownershiporaparcel shatt bethe solequalification for rnemb..*hip, No person or errtity-ottrer than an owner may be amember of the Association. . J
s.ection 4'2 voting. Each Parcel shall be "ftitrca to one (l) vote. ownersof more than one (1) Paicel shall have the right d c"st the aggregate numbsr ofvotes rhat rhe parcers which they ow1 *pr"*nl rrp,ry na.""r i;;dJry multipreparties, all such parries shall be mcmbers; providedjii*"rr"r, that the vore to whichsuch Parcel is entitled shall be exercised as th" sevpral owners among themselvesshall deternine; but in no event shail more ,1r", ;{r; iii vote be cast wi-th respecr toany one (t) Parcel. cumurative voting shail not be fi*uitted.
FROI,1 : TIOLUBA & GItr-UEH ATTYS RT LAU DHONE N0. i 9?A 945 9143
Section 4.3 Ma.ioriqv Vote. As used in these Bylaws, the term "majority
vote'r means more ttnn fiIty percent (50%) of the total number of votes auflrorized.
Section 4.4 Quorum. Except as may be otherwise provided in the
Declaration or these Bylaws, and except as hereifiafter provided with respect to the
calling of another meeting, the presence, in person or by prory of mernbers entitled
to cast at least fifty percent (50%) ofthe votes ofrall members entitled to vote shall
constitute a quonrm al any meeting of such members and if'the required quorum is
not present, in person or by proxy, at any sueh meeting of Members, another
meeting may be called, subject to the notice reqgirements herein specified.
Section 4.5 Adjoumment of Membe.fs' Meetings, Members present in
persop-er by proxy at any rneeting may. adjourn the meeti4g from time to 'time,
without notice other than announcement at the mseting, for a total period or periods
of not to exceed thirty (30) days after the date set for the original meeting. At any
adjoqrned meeting which is held without notice other than announcemcnt at the
meeting any business may be transacted which might have been transacted with the
meeting as originally called as Iong e$ a quoruq is present.
S,g;tion 4.6 Vote Required at Membersl Meelings. At any meeting, if a
quorum is present, a majorif of the votes present, in person or by p,rorry and
entitled to be cast on a matter, shall be necessary for the adoption of the mattetr,
unless a greater proportion is required by law; the Deolaration, the Articles of
Incorporation or these Bylaws.
. Section 4.7 Pruxies. A member entitled to vote may vote in persoo or by
proxy executed in writing by the member or his ddly authorized attorney-in-fact and
filed with the Secretary ofthe meeting prior to thd time the proxy is exercised. Any
Proxy may be revoked by attendance of the member in person at a meeting or by
revocation in writing filed with the Secretary of the meeting prior to the time the
proxy is exercised. A proxy shall automatically cease upon the conveyance by a
member of the Parcel and the transfer of the 4rembership on the books of the
Association.
Section 4.8 Rpquired Proxies. If title ro i P.r""t is held by more than one
(1) person or by a fitm, corporation, partnershipl association or other legal entity,
or any combination thereof, such owners shall executc a proxy appointing and
Dt aPiad a8:46414 P4
FRON : EOLUBR & GD-UBA ATTYS RT LBt,PHONE NO. : 9?8 945 9143 Dt 2AA4 AB:46AM P5
Scction 5.4 The Association shall be
:,::f-":^r^o.;.,1_r -1T Ir. kp, maintenanc., r.p"i. u"a improvement of any shared
authorizing one (l) person or a.lternote persons to attencl aJl amual an6 specialmeetings ofmernbers and thereatto castwhatevervotetheownerhirnselfmightcast
if he were personally present. Such proxy shall be effective and remain in forceunless voluntarily revoked, amended, or soonef terminated by operation of law;provided, however, that within thirty (30) days after such revocat'ion, amendmentor termination, the-owner shall reappoint and authorize one (l) person or alternatepersons to attend all annual and special rneetings as is provided by this parqgraph.
Ieetrqnfl Domestic water System. Dotnestic water shall be provided toeach Parcel from GP Well No. l, the location of which is depicted or,'*r" pollard
Exemption PIat recorded in the Garfield County, Colorado rcord, (the ..Well,,).
Each Parcel shall be entitled to use one-third (I/3i of the permitted *.t"ravailablefrom the V/elt for ordinary household purposes irrrside onl single-family dwelting,the irrigation of home gardens arld lawn, the watering ofdom&ic animals and fireprotection
Section 5.2 Eas€ments. Easements nebessary for the construction,maintenance, repair, replacement and operation of facititie, ,r"."r.rry to deliverwater from GP Well No. I to the Parcels hsve been granted to the Association bydocument recorded in the Garfietd county, colorrado-records.
Secrion 5.3 operating Costs, The Associ|tion shall be responsible for alloperating costs associated with the well. In ttre absence of water meters, any andall operating costs, including but not limited to elEctrical service charges, incurredby the Association shall be assessed equalty among the parcels ivhich haveeonnPcted to or are otherwise using water ftoin the Well. In the event theAssociation installs water meters to mtasure each Parcel's water consumption, theoperating costs shall be assessed among the Parcels in proportion to the meteredusage.
aJ JrBbu
f:::Ii.llli:,: "r^d in.common by rwo (Z) or,,r"* parcets. any a'J ail costsincurred by the Association in connection therelrvith rnai u"';i;; equally
CffACE D^rargJt mqD:,D..iq&q.te C@d.t. r*r _|'a
FROI"1 : GOLUBR & GBLUBA ATTYS AT LAI'PHONE NO. : 97b 945 9143
residents of the Parcelsl
among the Parcels utilizing such tbcjlities. The upkeep, maintenance, repair andirnprovement of any water line or other water faciiity serving only one (I) parcel
and any costs associated therewith, shall be the exclusive obigatil" niir,, ownerof the Parcel served thereby.
Section 5.5 No Obligation Priorto!,onnedtion or Use. No parcel shall incrrrany obligation or be responsible for any costs with r"rp"ct to the Well or waterfacilities associated tlerewith for improvements, maintenance, repairs oroperating
:-xpenses, except during periods when such Paroel is physically'connected to thewell by a water line or is otherwise using water from ttre well.
section 5-6 suspensiqn o-f Use. In the pvent an owner fails to pay theAssociation any sums assessed against such owner's paf;cel p";r;ro ru, ArticleV, such Owner shall not be entitled to use the Well or any waterproduced frorn theWell until payment, in full, of any such delinquent assessment and additionalcharges imposed in accordance wiih the provisions of the Declaration and theseBylaws' Any such suspension of use shall be ih addition to au other remediesavailable to the Association pursuant to the Declaration and these Bylaws.
$etion 5.7 Gp Well No. I is currently anexerq)t well pursuant to Well Permit No. z+ztzl issued by the Colorado piririo,of WaterResources- The Association may amend the wett permit for Gp Wcll No.l, changing its designation from exempt to non-exempt and enter into a contractwith lVest Divide water conservancy Dlstrict to r-upprv tn, domestic water requiredfor the Parcels. In the event the Association prr[ri*ur water from west Dividewater Conservancy District, any costs assoJiated with such purchase shalt beesseFsed equally among the parcels.
Dt aAW AB:4?AM P5
Section 6'l A$sessrnents. The Associuion shall have the right to lery andmake assessments in accordance with its Byraws, rorth" following pu{r)oses:
(a) To promote the heatth, safety lno wetfare of the oryners and
(b) To Puy expenses incurred Uy *r"inssociation in connecrion withthe installation, mainten&nce, repair, reprace*.nt, operation and
eoElCED/rt^/Ctt'{r6...inr.rqtE t.aCrn*d{.hk.{r.
FROI,1 : GDLUBq & GDLUEA qTTYS AT LAr PHONE NO. : 97A 945 9143
Section 6.6
to bring an action
C:O'!IGE Dy'rlvElD.t c..iCD.c.*rLE c.,na{o..i.i,rra
managenrent of the common domestic water systern;
(c) To pay any deficit remaining from any previous assessment;
(d) To create a reasonable condingency, res€rve, surplus and/orsinking fund;
(e) fopuy anr otfrelexqenses *d nuuitities which may be incrrredby the Association for the b"[rfit of the owners, under or by
:ea.son of this Declaration, flts Articles of Incorporation orBylaws.
DI 2OO4 OB=41py1 p7
- $ection 6'2 Payment ofAssggsraents. Eacl, owner shall pay the Associationsuch assessments as may be periodically made [y the Associati<in, within fifteen(15) days after the date the assessment is levied.
-Each
owner shait ue personallyIiable for any asse;sment levied against the Ownpr,s parcel.
Section 6'3 Periodic Assessnrqnts. 1ft"l4.ny assessrnenthas. been made bythe Association, assessments shall thereafter u* ilJ" ""'il;"q*ntly thanannually and shall be based on a budget adopfed by the Association no lessfrequently than annually. 5 ---
' section 6'4 special ^,{ssessrnents. In the event costs associated with themaintenance or repair of the common domestic water system are incqrred by theAssociation as a result of excessive wear or abuse, oi,fr negligent or intentional aetof one or severar ourners, the Association *"y i;t; special ar*rr*irt againstsuch owner or owners to cover the costs "ss*i+t"J with such maintenance andrepairs.
section 5.5 Adde.d charges. The Assoclation may impose charges forlate payment of assessments, recover reasooable "[oi"y,, fees and other costs ofcollection and levy fines for viotation "r tnir oI"Ltion or the Bylaws of theAssociation' All such charges shall be enforceabti.Jrrressments. Any past-dueassessment shall bear interest at the rate of eight percent (8%) per annum or at suchgreater rate as may be established by the as"o"iatibn.
-
FROi4 i GDLUBA & G0LUEH ATTYS AT LRr PI-flNE ha. i 91A 945 9743 a7 2@A4 AB:4gpg Pts
delinquent assesslnent or chargcs.
Section 6'7 Assessment Liens. AII sums assessed to any parcel by theAssociation shall be secured by a lien on such Parcel in f,avor of the Association.Such lien shall be subordinate to any valid tax and special assessment lien on theParcel in favorofany govefllmental assessing aothori'ty, but shall be superiortosllother liens and encumbrances on such Parc"l. t to owner may exempt himsetf orhis Parcel from liability for any assessrnent or assessment lien by waiving anybenefits or by abandonment ofhis Parcel. A transfer (by whatevermethod) of,anyParcel shall not affect the assessment lien. The sale or transGr of a parcel shall notrelieve the owner from personal liability ror any assessment made prior to suchtransfer, and the party- acquiring any parcel foi which ,1y ""*"r.*"i, rcmainsunpaid shatl be deemed to Lave iersonalty assumed such riability.
- Sectiofi 6'8 &Jice of Assessment Liens. The Association shall furnish toa Parcel owner or his designee, or to a horder of secruity interesf *o*g"g" or deedof fiust or its designees' ulron nritten request delivered personally o.-.ii certifiedmail,'first-class postage prepaid, return receipt requested, to the Association,sregistered agent, a written statement setting fortl, tt e amount of unpaid assessrnentscurrently levied against such owner's Parcel. rnis siatement shall be furnishedwithin fo,rteen (14) days after receipt of th" *q;"st and is binding on theAssociation and every owner. If no statement is furnished to the parcel owner orholder of the security interes! mortgage or deed of trust, or to tir-a"signue,delivered personally or by certified *uil Arrt_"t"r, portage.prepaid, refirra recerptrequested, to the inquiring party, then the Association stritt il.,,u "";gh, a asserta lien upon the Parcel for unpaid assessments which were due as of the date of theneqgest.
section 7'l ennuat tvteeUngg. Meetings of the Members shall be held at theprincipal olrice of the AssociaG o, ,u"h-other place as tt e rvr"iu"o -"ydetermine' The annual meeting of the mernbers "r,rri'i.i"ii # i'oil'ln p.m. onthe second wednesday in the month of october in "a"h year for purposes ofelecting, from among the members, the officers of the Association, and to transactsuc$ other business ofthe Association as rnay properly corne before the meeting.
CofrdupAr',t c0t&.DElrturytaleouaror.t Dt e.d 7
GDLUBR & GDLUEA RTTYS AT LAL'PHONE NO. : 97A 945 9143 Dt 2ba4 EB:49p14 p9
Section 7'2 SPpcial Meetings. The President shall call a spccial meeting ofthe Owners when so directed by resolution of the Members or,,pon presentation tothe Secretary of a petition signed b1 Melb:rs representing at least fifiy percent(50%) of the voting rights. No business shall be transactecl at a special meeting,except as stated in the notice.
Section 7J Notice of Meetings. Written notice stating the place, day andhourofany meetingshall bedeliverednot less thanten(10)rro.*or"tt,anfifty (50)days before the date of the meeting, either personaily or by mair, uv o, at thedirection of the President or the Secretary oi tt . Association or the officers orpersons calling the meeting, to each member entitled to vote at such meeting. Thenotice of an annual.meeting shall identi& any matter which it is known may comebefore the meeting including, butnot limitedio, the general naturc of any proposedamendment to the Declaration or Bylaws, any budg;t changes, *a *y iroposal toremove an officer. The notice of 3 rf"_"1"1 meJting strit ,rrt" ,t" i,rqpor" o,.purPoses for which the meeting is called. Ifmailed,such notice shall bedeemed tobe delivered when deposited in the united States mail addressed to the member athis address as it appears on the records of the Association, with postage therponprepaid' Waiver of notice, either in person or by proxy, and signed eirher before,at or after any meeting, shall be a valid substitute for service. The certificate of thePresident or Secretary that notice was duly givenl*mu be prima facie evidencet}ereof.
Section 7'4 Order of Business. The order of business at all mcetings of themembers shall be as follows:
(a) Roll catl (to determine the vores represented at the meeting);(b) Proof of notice of meeting or waiver of service; u'
(c) Reading o_fminutes of preceding meeting;(d) Reports of officers (when app[Jabb); "
(e) Reports of-commitrees (when appticalrc;;(f) Election of a Board of Managirc 1*t"n'proper and required underthese Bylaws);and(S) New business.
ARITCLE VIIr - 0FTICERS
Section 8.I Designation. The
President, a Vice-president, a Secretary
CrotffS t, f^rclt3ltTf.p,D!.rth*l* O*ri6tr t8 .rl
officers of the Association shall be aand a Treasurer, all of whom shall be
FRDI,1 : GDLUBE & GDLUEA RTTYS AT LAI,PHONE ND. : 9?A 945 9143 Et 2DD4 qA:49At1 Plg
elected by the Members; provided that, tlre oftice of Vice-prcsident may remainvacant at the discretion of the Members. Any officer may, but need not be aMemb.er of the Association.
Section 8.2 Election of Officers. The officers of the Association shall beelected annually by the Members. The officers shall hold office at thepleasure of:f YT!T-;P:f*:: mallord.concurentty any o"o (2) ofrices, except thatrvvlrr ga5rthe person holding the office of President shall nlt
"on*urrently hold the office of
-ffi,ff ^fu*n*. ft: l*r."rary shalr keep the minutes ofrneetings of,vLrrlBD (rl
*:y:1?o:*:^1:,.15:_:f ly:.| b":$ 1a ry9.rrl tn" Members may direcr,rJ utfii'til,ill Yl:f-qlTff ,: *,T_ 1,, .T, duties i""ia".nt io the o ffi ce or rn" i ""rr,"ry.rwrstzuy.3:*-:"jy,:Iil clmlile Tg k=p cunent ,"a -"irrrrin at the principal office
:ir*:":'.:::T,*^:_,:'_Tl,ete rii of *"mu*.;ffi;; AIJ#I mairine;;;#;'ffi;#fiI:rtarst oho?r^n ai ra^ It^---l ----- i roestgnanon of tne parcel owned by such mem!:,-::, I.. _ -.
Secretary.
Section 8'3 Removal of Officers. Upon an affirmative voteof amajority ofthe Members, any off"ut*"y b"**oved,with orwithoutcause, andhis succcssor
:l*tud at any regular meeting of the Members, or at any speciat meeting of theMembers called for sueh pu{pose,
section 8'4 President The President shall be the chief exeoutive oflicer ofthe Association- He shall act as *it-ry* and preside at all ,o.uting, of thcAssociation and the Members. He shall have all oi'the g.".*r p"*"., La duriEswhich are usually vested in the office ofPresidentofanAssociation, including, butnot limited to the power to appoint committees from ,rmong the owners to assist inthe conduct of the affairs of the Association,
Section 8'5 Vise President. The vice-President shall have all the powersand authority and pttform all of the functions and duties of the president, in theabsence ofthe Presidentorupon the President's inability, forarry reason, to exercisesuch powers and functions or perform such duties.
C.Otft,t^r^ l,{t t&rdrDEttrdq(iEr.r.a.n ldcr.ird
FRDI,1 : GOLUBA & GOLUBA RTTYS AT LT PHONE t0. : 9?b 945 9143 ,r. DI 2AA4 g9:?52Qn pz
of all receipts disbursements in books belonging to the Association. The
Treasurer shall be responsible for rhe deposit of all nrolies and other valuableeffects in the narne and to the crsdit of the Association in such dcpositories as mayfrom time to time be designated by the Members.
ARTICLE IX. NO DIRECTORS
As provided in the Articles of Incorporation and as permitted by statute, thisnonprofit Corporation shall not have a Board of Directors or Executive Board.
The Association shall indernni$ every officer of the Association, against allIoss' costs and expenses, including counsel fees reasonably incurred Uy trim inconnection with any action, suit or proceeding to whieh he may be made aperty by
neason ofhisbeingor having been an officeroftheAssociation, exceptas tomattersto which he shall be finatly adjudged in such action, suit orproceeding to be liablefor gross negligence or wiIIfuI misconduct. In the errutrt of { sefflement,indemnification shall be provided only for those matters determined by &eMembels not to be the product ofgross negligence or willful misconduct on the partofthe officer to be indemnified. The officer or officers to be indemnified sball nottake part in the decision to indemni$. All liabiligr, loss, damage, costs and expenseincurred or suffered by the Associaiion by reason or arising o;t of or in connectionwith the foregoing indemnification provisions shall be treared and handled by theAssociation as a common expense. The Association shall maintain insurance for
Pur?gses ofthis paragrapi, as more particularly provided below. Nothing containedin this paragrapb shall be deemed to obligaie the Association to indJmnify aaymember or olvner of aParcel, who is or has bee,tr an officer of the Association, withrespect to any duties or obligations assumed or liabilities incurred by him under andby virtue of the Declaration as aD owner of aparcel.
ARTTCLE )fl - BUDGETS
Section I l.l Offr-sers to ProposE Budget. It shall be the duty ofthe president
and Secretary to formulate and propose a budget of expenses, not less often thanannually-
section 1I-? ow1ershir Aprroval. within thi4y (30) days after adoption ofany proposed budget, the secretary shall mail, uv orainary r"rt_"r"*. mail, or
Cr(fclq! DA?arclilt{ltsra(tE DthBtG Odhrsr,ara. }iJc. .qa I 0
and
be
FRDN.: GOLUBA & GDLUBA RTTYS AT LT P{loNE ND. -- 97A 945 9143 r. AL 1AM B9:f3pp1 p3
otherwise deliver a sunrnary of the budgct to all Owners and shall set a date for a
meeting of the Parsel Owners to consider ratification of rhe budget. Unless at that
meeting, a rnajority of all Parcel Owncrs reject the budget, the budget is ratified,
whether or not a quorum is present. In the event that aproposecl budget is rejected,
the period budgct last ratified by the Owners shall be continued unril such iirne ut
the Owners rati&, a subsquent budget proposed by the Officers.
ARTICLE )ilI.INSURANCE
Secjion 12,I Association to Mahtain Insuance. Commencing not later than
the time of the first conveyance of a Parcel to e person other than 1119 Declarant ofthe Declarationo the Association shall maintain, to the extent reasonably armilable,
the kinds and types of insurance specified in this Article.
$ection 12.2 Liabiliqv-Coverage. The Association shall keep and maintain
comrnercial general liability insurance against claims and tiabilities arising in
connection with the operation aud managernent of tfte business and affairs of tlr.Associatiou, as deemed sufficient inthejudgment ofthe Mcmbers, but in no event,less than $500,000 per occurrence and $1,000,000 aggregate, insuring theAssociation, its officerc, employees and agents and the naemuers.
$ection 12.3 Fidelity Bondtand Insrnance. The Association shall obtainadequate fidetity bonds or insruance coverage to protecr dgainst dishonest acts ofall Membprs, ofificers, employees and maflagers of the Association haudling orresponsible for Association funds. Fidelity insurance coverage shall not be less ttranthe aggregate aTount of one (l) yeat's current assessments, plus reserves ascalculated frorn the current budget of the Association, or $so,OOO, whichever isgreater. The Association may earry fidelity insurance in a greater amount.
Section 12.4 Qf,ficers. The Association shall keep and maintain Officerserors and omissions and personal liability coverage, with limits not less than$500,000 per occurence and $r,000,0o0 ^gsregaa: ro protect the officers frompersonal liability in relation to or arising out of their-duties on behalf of theAssociation.
Section 12.5 Other Insurance. The Association may also obtain insuranceeoverage against any such othe'r risks of a similar or dissimilar nature, as deemedappropriak and approved by the Members.
CSDEE Dltl,Et-Eta?CslrDloqrb.r{4cld*ro||}r-rD. I I
FRDI"I. : MLUBA & Gil-UBA RTTYS AT LT PHONE hE. : 97A 945 9743 'r. Ol ?AO4 @9:23Fr1.1 pO
Section 12.6 Insurancc Expense. Tlre cost of all insurance which the
Association is required or permitted to maintain, shall be assessed to the parcels,
equally.
ARTICLE.XIU . AMENDMENTS
These Bylaws
constituted meting
amended by the Association members at a dulypurpose. No amendment shall take effect rurless
approved by owners representing a majority ofthe total votes present or representedby proxy at such meeting, or such greater number as may be requirid by theDeclaration, in respect to any specific matter. Thc notice of such meeting-shall
contain a summary ofthe proposed changes or a copy of such proposed changes.
-section 14.l proof of ownership. Arry person, on becoming an owner ofa Parcel, shall furaish to the Association a photocopy of the recordld instnrment
vesting that person with an interest or ownership, which insffument shall remain inthe files of the Association. A member shall not be deerned to be in good standingnor shall he bc entitled to vote at any annual or special meeting of mJmbers unlessthis requirement is first met.
Sestion I4-2 Registration of Mailing Address. The owners of each parcel
shall have one registered mailing address to be used by the Association for mailingofmonthly statements, notices, demands, and all othcrcommunications, and suchregistered address shall be the only mailing address used by the Association. Suchregistered address of a Parcel owner or owners shall be furnished by owners to theSecretary within five (5) days after transfer of title. Such registraiion shall be inwritten form and signed by all ofthe owners ofthe Parcel or u! suchpersons as areauthorized by law to reprcsent the interests of such owners. If no such address isregistered or if all of the owners carnot ?Et@,then the address of the parcel shallbe the registered address until another registei"d address is furnished as permittedunder this Article' Registered addressei may be changed &om;i;i" time bysimilar designation,
Scction 14.3 Bl,laws Shall Comply With Law. These Bylaws are intendedto comply with tre requirements of the colorado Nqn-profit corporation Act. Ifany ofthese Bylaws should, at any time, conflict with the provisions ofsuctr Act inany manner not permitted, the provisions of the Act shall control.
C:*rtcroirMllrrlrosin.tdDt*tlf,Cslc.qt,rbr,aB.rra 12
rnay be
for such
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Section 14.4 Non-Profit Purpose. This Association is not organiz-ed. forprofit. No member or of'ticer of the Association shallreceive or shalt be lawfully
entitled to receive any pecuniary profit from the operation thereof, and in no eventshall any part of the funds or assets of the Association be paid as salary orcompensation to, or inure to the benefit of any rnember; provided, however: (I;
reasonable compensation may be paid to any officer or mernber while acting .r unag€nt or emPloyee ofthe Association, for services rendered in effecting one ormorreof the PurPoses of the Association; and (2) any officer or membe.gliy, from timetotimerbereimbursed forhis actual andreasonable expenses incurred in connectionwith the adminis*ation of the affairs ofthe Association.
Section 14.5 CorHtrate Seal. The Coqporate Seal of this non-profitcorporation shall be circular in form and shall
"or,tuin the name of the corporation
and the words "seal, Colorado."
THE UNDERSIGNED Secretary of Lone Cottonwood Owners Association,a Colorado corporation not for profit, does hereby certify that the above andforegoing Bylaws were duly adopted by the Members as the Bylaws of thecorporation on the day of ?W4, and that the same do nowconstitute the Bylaws of the corlloration.
Secretary
CrFrCl D^I:^,CuBaIfl6Ei,trdqrr*lrr Ahd|nt! rrdci,q,
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13
DEED OF CONVEYANCE AND DEDICATION
(Water Well and Easements)
KNOW ALL MEN BY TTIESE PRESENTS:
WI{EREAS, VICTORF. GANZI and WAYNE H. POLLARD ("Grantors") are the owners
of Parcels 1,2 and 3 described in Exhibit A, a copy of which is attached hereto and incorporated
herein by this reference, the same being Parcels 1,2 and 3 shown and described on the Pollard
Exemption Plat, recorded as Reception No. of the Garfield County, Colorado records; and
WHEREAS, Grantors are the owners of that certain water well described in Well Permit No.
242127 issued by the Offrce of the State Engineer, Colorado Division of Water Resources, which
water well is located on said Parcel 1; and
WHEREAS, LONE COTTONWOOD OWNERS ASSOCIATION, 6448 County Road 233,
Silt, Colorado 81652 ("Grantee") is a Colorado nonprofit corporation organized to administer
covenants and to own and operate a water well and water distribution system for the benefit of said
Parcels 1,2 and3.
NOW, TIIEREFORE, for Ten Dollars ($10.00) and other good and valuable consideration,
in hand paid, Grantors do hereby sell and convey to Grantee:
All right, title and interest in and to that certain water well described
in Well Permit No. 242127,issued by the Office of the State Engineer,
Colorado Division of Water Resources, which well is shown and
depicted on the Pollard Exemption Plat as GP Well No. 1, and all
water and water rights appurtenant thereto.
TOGETIIER WITH the following nonexclusive easements shown and
depicted on the Pollard Exemption Plat and situate in the
SW%SW%NW% of Section 4, Township 6 South, Range 92 West of
the 6th P.M., to-wit:
(a) An easement and right-of-way for ingress, egress, roadway
access and utility purposes, 30 feet in width, lying and being l5
feet on each side of the following described centerline:
commencing at the westYq corner of Section 4, a brass cap LS
No. 14060 in place; thence N00'47'31" W along the westerly
line of said Section 4, a distance of 446.62 feet to the
southwest corner of Parcel I of said Pollard Exemption Plat, a
rebar and cap LS No. 36572 in place, the true point of
beginning; thence departing said westerly line N89'18'32"E
along the southerly line of said Parcel l, a distance of 626.49
feet to the point of terminus (whence said west Yc comer bears
553' 47'25"W 768.75); and
(b)An easement and right-of-way for ingress, egress, roadway access and utility
pu{poses, fifteen (15) feet in width lying and being 7 .5 feeton each side of the
following described centerline:
Commencing at the westYc corner of Section 4, a brass cap LS
No. 14060 in place; thence N00"47'31"W along the westerly
line of said SW%SW74NW%, a distance of 446.62 feet to the
southwest corner of Parcel 1 of said Pollard Exemption Plat, a
rebar and cap LS No. 36572 in place; thence departing said
westerly line N89"18'32"E along the southerly line of said
Parcel 1, a distance of 527.21 feet to the true point of
beginning; thence departing said southerly line of Parcel 1,
N00"41'28"W 57.82 feet to the center of an existing well (GP
Well No. 1 described above) the point ofterminus (whence the
northeast corrrer of Parcel I of said Pollard Exemption Plat a
rebar and Cap LS No. 36572 in place, bears N40'31'59"E
203.40 feet); and
An easement to use, maintain, operate, repair and replace a
water line, valves and an electrical power line to serve said
water well, over, across and through those lands lying and
being 7.5 feet on each side of the following described
centerline: commencing at the west Yq comer of Section 4, a
brass cap LS No. 14060 in place; thence N68'53'23"E 675.92
feet to a point on the southerly line of Parcel 2 of said Pollard
Exemption Plat, the true point of beginning; thence along said
centerline the following two (2) courses:
1.) N00"45'22"W 268.74 feet;
2.) S89'14'38"W 106.71feet to the center of an existing well
(GP Well No. I described above) the point of terminus
(whence the northeast corner of Parcel I of said Pollard
Exemption Plat a rebar and Cap LS No. 36572 in place, bears
N40'31'59"E 203.40 feet); and
An easement over all lands within a 30 foot radius of the point
of terminus described above (center of existing well), to use,
operate, maintain, replace and repair a water well, pump house,
water line, valves, water distribution system and facilities and
related electical power line.
(c)
Grantor does further DECLARE, DEDICATE AND ESTABLISH the easements above
described as an appurtenance to and for the common use and benefit of said Parcels 1,2 and 3, and
each of them.
(d)
TO HAVE AND TO HOLD the same, together with all appurtenances and privileges theretobelonging or in anywise thereto appertaining.
Dated this _ day of January,2004.
Victor F. Ganzi
Wayne H. Pollard
STATE OF NEW YORK )
) ss.
cor.rNTY OF _ )
The foregoing instrument was acknowledged before me this day of January,2004,byVictor F. Ganzi.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO )
) ss.
COLINTY OF GARFTELD )
The foregoing instrument was acknowledged before me this day of January,2114,by
Wayne H. Pollard.
Witness my hand and official seal.
My commission expires:
Notary Public
C:\D@lmft &d S.oingr\FEd D.st\Dskbp\CLIENT\crnzi\Dc\Ded of CoN.yr@ ,rd Dedidionwpd 3
EXHIBIT A
to Deed of Conveyance and Dedication
PARCEL 1, ACCORDING TO TIIE POLLARD EXEMPTION PLAT
also described as follows:
A parcel of land situate in the SW74NW% of Section 4, Township 6 South, Range 92 West of the
Sixth Principal Meridian, County of Garfield, State of Colorado, said parcel of land being more
particularly described as follows:
Commencing at the westt/q corner of said Section 4, a brass cap LS No. 14060 found
in place; thence N00"47'31"W 657 .42 feet to a rebar and cap LS No. 13501 in place,
the true point of beginning; thence N89'18'32"W 661.62 feet to a rebar and cap LS
No. 36572 set in place; thence 500'45'22"E 210.80 feet to a rebar and cap LS No.
3657 2 set in place; thence SSg' 1 8'32 "W 66 l .49 feet to a rebar and cap LS No. 3657 2
set in place; thence N00'47'3l"W 210.80 feet to the true point of beginning, said
parcel of land containing 3.201 acres, more or less.
******
PARCEL 2, ACCORDING TO TIIE POLLARD EXEMPTION PLAT
also described as:
A parcel of land situate in the SW74NW% of Section 4, Township 6 South, Range 92 West of the
Sixth Principal Meridian, County of Garfield, State of Colorado, said parcel of land being more
particularly described as follows:
Commencing at the westYt comer of said Section 4, a brass cap LS No. 14060 found
in place; thence N00" 47'3I"W 446.62 feet to the northwest corner ofParcel2, the true
pointofbeginning;thenceN89"18'32"E66l.49feettoarebarandcapLSNo.36572
set in place; thence S00"45'22"E 210.80 feet to a rebar and cap LS No. 36572 set in
place; thence S89"18'32"W 661.36 feet; thenceN00'47'31"W 210.80 feetto the true
point of beginning, said parcel of land containing 3.201acres, more or less.
@age I ofExhibitA)
C:\Dwm 6rd SGBinSr\Frcd DcsldD*kbp\CllENnclEi\D@u)ed of Conv.yme .rd Dedidion.wpd
a!
******
PARCEL 3, ACCORDING TO TIIE POLLARD EXEMPTION PLAT
also described as:
A parcel of land situate in the SW%NW% of Section 4, Township 6 South, Range 92 West of theSixth Principal Meridian, County of Garfield, State of Colorado, said parlel oit*d being moreparticularly described as follows:
Beginning at the west % corner of said Section 4, a brass cap LS No. 14060 found in
place, the true point of beginning; thence N oo' 47'31"w 235 .gzfeet to a rebar and cap
LS No. 36572 set in place; thence N89" 18'32 "E 66l.36feet to a rebar and cap LS No.
3 657 2 set in place; thence soo" 45'22"E 236.99 feet (Whence a rebar and cap LS No.36572 witness comer set in place bears N00"4s,22w z5.oo feet) thence589'24'37"W 661.22 feet to the true point ofbeginning, said parcel of land containing
3.589 acres, more or less.
C:\D@lmtu srd Sdir$\Fbd D$tdDcEtrop\CLIENT\c@i\D6\D6d of CoNeyaM aDd DcdicdioLwpd
(Page 2 ofExhibit A)