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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.qarfield-county.com RECEIVED JUL 2 1 2008 GARFitLD COUN ry BUILDING & PLANNING Special Use Permit GENERAL INFORMATION 3\ 9 > Street Address / General Location of Property: r= -\ -) (: \kilk-V--) (.--�� "\-C'':->T \\ c (91M— \CIM — QYZ).-kLi()-` y Legal Description: (,-'---S`C- -CCY'sQ7 ; v'L� f Existing Use & Size of Property in acres: 11(5\ l\L�L�ice- �J iA(( S > Description of Special Use Requested: --1,,c.:(_'...\— i\CC IS L-1'" ➢ Zone District: i] Name of Property Owner: —\Tr\ `` 4.V ---K1)-2 L.—TT2A' LO\ Address: 14 C \\,c) \ 1 Lj Telephone: C\ -70 -.?)VW)) > City: ()L 0 S State: CC` Zip Code: 0 1 FAX: OA > Name of Owner's Representative, if any (Attorney, Planner, etc): > Address: Telephone: > City: State: Zip Code: FAX: STAFF USE ONLY > Doc. No.:S .)PqAn Date Submitted: MMO$ TC Date: Planner: Hearing Date: such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. In addition, the Applicant shall provide proof, at the hearing, that proper notice was provided. 5. Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. 411/ t ( ignature of Property Owner) (Date) • • GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and �`�.1 Q. (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for a+v�(�-� \.14_,,,)t -f1/46- Qr..; rr (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of ak consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT Signature Date: )‘m ---Ns• Q. \-NAAN-c.. Print Name ll�`` M fling Address �`1C� ec3V16) C3 6cfn CRATC • 10/2004 2: 4,, Page 4 -r • Trulove Application for Special Use Permit Table of Contents 1. Application 2. Narrative 3. Well Permit/Covenant 4. Site Plan 5. Vicinity Map/Topography Map 6. Assessor's Map/Adjacent Land Owners/Mineral Rights Owners 7. Deed and Legal Description 8. Exemption Information 9. Utility Easements • • • To Whom It May Concern, 74g/o8 Timothy and Karen Trulove are the owners of a 35 acre parcel in Garfield County and are requesting approval of a special use permit for construction of an Accessory Dwelling Unit. We are proposing to build a metal building 36' X 36' and constructing an apartment in the same. We will live in this apartment while we build our permanent residence. This apartment will be two level 1008 square foot, two bedroom, 1 1/2 bathroom with the additional building space to be used as storage. The traffic flow will be standard for a single family dwelling. Access roads and driveway are in place and water and electric are installed within 20 feet of the proposed building envelope. A septic system permit is to be applied for and will be installed according to Garfield County standards. The covenants established for the Cox Exemption allow this type of structure and the Architectural plans and building location have been approved by the Architectural committee. The building plans have been submitted to the Garfield County Building and Planning department. A shared water well is in place that currently supplies one residence and is approved for three dwellings. I hope this is a proposal that the Garfield County Commissioners can approve. Sincerely, Tim and Karen Trulove x/1 -1)a Use Only Form No. GWS -11 8/2007 STATE OF COLORADO OFFICE OF THE STATE ENGINEER 818 Centennial Bldg., 1313 Sherman St., Denver, CO 80203 Phone - Info: (303) 866-3587 Main: (303) 866-3581 Fax: (303) 866-3589 http://www.water.state.co.us For Office CHANGE IN OWNERSHIP/ADDRESS CORRECTION OF THE WELL LOCATION Review instructions on the reverse side prior to completing the form. Name, address and phone of t e person claiming ownership of the well: 9.Aiei �.(ik e.11h 4- olezv"\ A. G I.c.nt\ NAME(S): ,, -/Eq i, 711,-','. c -r, . / : rL,'Y., Mailing Address:/ - `L' City, St. Zip: J. 7 ,;,:r.9; ) . .. `: %,' r" / Phone (L:2 24,) '6.1-9 y This form is filed by the named individual/entity claiming that they are the owner of the well permitted as referenced above. This filing is made pursuant to C.R.S. 37-90-143. LOCATION: Well Permit Number: 7 :2 -1 �, j Receipt Number.. ° i ./7/ / i ,f WELL `<' -.,/,? Well Name or # (optional) :-.x (..e.;'/// -,7"-f-'4 . 47 County k ,. (Address) (City) (State) (Zip) '> the (, L. 1/4, Sec. j `f Twp. , ❑ N. or ( j S.. Range c?lt ❑ E. orW. t; //- P.M. r,L 1/4 of , , Distance from Section Lines: 7,7 C t, Ft. From ❑ N. or S., / 33 4: Ft. From E. or ❑ W. Line. Name Lot Block , Filing/Unit Subdivision , The above listed owner(s) say(s) that he, she (they) own the well described herein. The existing record is being amended for the following reasons: ' 51 Change in name of owner Change in mailing address ❑ Correction of location for exempt wells permitted prior to May 8, 1972 and non-exempt wells permitted before May 17, 1965. Please see the reverse side for further information regarding correction of the well location. I (we) claim and say that I (we) (are) the owner(s) of the well described above, know the contents of the statements made herein, and state that they are true to my (our) knowledge. ignatur s of new ow r,,,, t,,lki , 0.1 -ah ,, print the Signer's Nam 8$ Title L r G iz,.,,, rev\ !� .Ckm\ Date,17/0ri 7_17 _0 It is the responsibility of the new owner of this well to c mplete and sign the form. Signatures of agents are acceptable if an original letter of agency signed by the owner is attached to the form upon its receipt. I For Office Use Only State Engineer By Date For 0111ca Use only, RECEIVED Am 111c JUN 94 79S 4. The Vocation of the existing well needs to be amended for the following reason(s): (Attach appropr e documentation as necessary) /ecd o ds0AI .... 1FORM AO. I -- STATE OF COLORADO laWS-42 1 07/93 OFFICOF THE STATE ENGINEER 818 Carytenni" B44.. 1313 Sharman St. Dower, Gaol -solo 80203 E (303) 966-3581 PRIOR TO COMPLETING FORM, SEE INSTRUCTIONS ON REVERSE SIDE 1. APF'UCATION FOR WELL LOCATION AMENDMENT WELL PERMIT NUMBER /?,25 2. WELL OWN NAME(S) _ Lc../ i lice,11 44q4....Ar;ir Mailing Address •„3 / SY . , / /S - city, St. Zip . G4•2.‘,Q0cid S;pi,thys.t. 0. /6 0/ Phone (. 970) 951S— S73.045 ,JUCES TE ENG/NEER •••o ro Lc6f3 w 01 Rtt` 3. ACTUAL WELL LOCATION: COUNTY. Gla,e-s-rte- (4, OWNER'S WELL DESIGNATION cox tker S/SY et>. W. //6- 64fr....voct si 4. 0 / (Add y's& at yoga location) (CA') (Stabs) (ZP) lArr 1/4 ot tn. S F 1/4, Sec. J5 Twp. SO L b4g, Range 4ci LaTii — P.M. Distances from Section Lines /461 0 Ft. from QO MIA (North or South) Subdivision Section line, (North or South) (East or Was° /3V) Ft. from Ea (F_ast or West) Lot Block Section Line. Filing (Unit) ii10/-zr See_ ho l2_ 5. I (we), the above listed owner(s) own the well described herein. I (we) have read the statements made herein, know the contents thereof, and state that they are true to my (our) knowledge. [Pursuant to Section 24-4-104 (13)(a) C.R.S , the making of false statements herein constitutes perjury in the second degree and is punishable as a class 1 misdemeanor.] — ame\Title nease type or print)c. . Signature in Date 412A state hnoneer C: oun Case No, FOR OFFICE USE ONLY APPROVED FOR A CORRECTION OF LOCATION PURSUANT TO POLICY MEMORANDUM 93-1 DATED JULY 7, 1993 Div. Co. WD !9 Basin . MD Date FORM NO. GWS•32 10194 PUMP INSTALLATION AND TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER WELL PERMIT NUMBER 1q2_5 Fs 2 OWNER NAME(S) P,4ui. C . CA -y, / u 4 A MA'iLL/A) Cox Mailing Address 3 iS4 Rr,. is City, Si..Zip GLCAIAU 0<A SP16/J6<i Co. 8ibc1M Phone (q -?a) 945— 5306 For Oflic. Us• only RECE1vF` NOV 1 21999 •647E 1, fik SCnr,U SPATE EnM,rtEEH COLO 3. WELL LOCATION AS DRILLED: SE 1/4 SE 1/4, Sec. I' Twp. 5 , Range ST Lv DISTANCES FROM SEC. LINES: 130 ft. from SoilTN Sec. line. and 1:c5o tnorth or south) SUBDIVISION: STREET ADDRESS AT WELL LOCATION: ft. from EAST Sec. line. �isst or wrtq LQT ' G BLOCK FILING(UNIT) 4. PUMP DATA: Type Su F3&t s l it,6- installation Completed Pump Manufacturer Govt...A Pump M:/.zal No, Design GPM IS at RPM 3450 , HP 2 ✓'p , Volts 230 v, , Pump intake Depth 390Feet, Drop/Column Pipe Size // Inches, Kind 9/z t/'9/ /0 G.3-7,041'2. Full Load Amps /3. Ce u fro 1°v0 ADDITIONAL INFORMATION FOR PUMPS GREATER THAT 50 GPM: TURBINE DRIVER TYPE: ❑ Electric ❑ Engine 0 Other Design Head feet, Number of Stages_ Shaft size inches. 5. OTHER EQUIPMENT: r��t Airline installed El Yes ® No, Orifice Depth ft, . Monitor Tube Installed C� Yes�l No, Depth ft. Flow Meter Mfg. Meter Serial No. Meter Readout ❑ Gallons, ❑ Thousand Gallons, ❑ Acre feet, t_.l Beginning Reading 6. TST DATA: Total Well Depth Static Level Date Measured ❑ Check box if Test data is submitted on Supplemental Form. Date 9/-V99 0.0 Q2p' Time Rate (GPM) /1 -GPµ. _ ?Ai/4/9 Pumping Lvl. T DISINFECTION: Type Amt. Used / GA t_ 9 Water Quality analysis available. E] Yes ►= No Remarks 0. I have read the statements made herein and know the contents thereof, and that they are true to my knowledge (Pursuant to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury in the seconc degree and is punishable as a class 1 misdemeanor.) CONTRACTOR :It Mailing Addressr CC). IlJ . • Phone (90) q45-6301 Uc. No. ! 050 . . 10;03 Name/Title (Please type or print) RAkm) 5 A M V •- O».J Signature Date 99 WELL CONSTRUCTION AND TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER FOR OFFICE USE Of7CY —. RFCEIVED 1. WELL PERMIT NUMBER MH -28059 JUL () 8 i996 2. Owner Name(s) : Calvin & Paul Cox Mailing Address : 3154 County Raod 115 City, St. Zip : Glenwood Springs, Co. 81801 Phone (970) 945-5308 YV,C crl Nt �0'..'itt E: STATE ENGINE' i' coin APPROVAL # GW531-91.03 3. WELL LOCATION AS DRILLED: SE 1/4 SE 1/4 Sec. 19 Twp. 06S Range 88W DISTANCES FROM SEC. LINES: 850 ft. from South Sec. line. and 1300 ft. from East Sec. line. OR SUBDIVISION : LOT BLOCK FILING(UNIT) STREET ADDRESS AT WELL LOCATION : 4, GROUND SURFACE ELEVATION ft. DRILLING METHOD Air Rotary DATE COMPLETED 06/11/96 TOTAL DEPTH 440 ft. DEPTH COMPLETED 420 it. 5. GEOLOGIC LOG : 8. HOLE: DIAM fln) FROM (ft) TO till Depth Type of Material (Size, Color, and Type) 9.0 0 31 000-300 Brown/Red Clays 6.5 31 420 300-340 Green/Black SS 5. 420 440 340-440 Maroon Formation 7. PLAIN CASING OD (In) Fond Wall Size From (ft) To (ft) 7.0 Steel 0.240 -1 31 5.5 Steel 0.188 21 355 -Slot PERF. CASING : Screen Size : 5.5 Steel .188 355 420 WATER LOCATED : 355, 395, 430 8. Fitter Material: Size : Interval: ack 9. Packer Placement Type : Depth : REMARKS : 10. GROUTING RECORD : [arterio' Amount Density Intatval Placement cement 3 sks 16 gal ' 10-30 poured 11. DISINFECTION : Type : HTH Amt. Used : 3 oz. 12. WELL TEST DATA : [I Check Box If Test Data is Submitted On Supplemental Ford. TESTING METHOD : Air Compressor Static Level : 290 ft. Date/Time Measured : 08/11/96 Production Rate : 15 gpm. Pumping Level : Total ft. Date/Time Measured : 06/11/93 Test Length : 2 hrs. Remarks : 13. i have ,ead the atat.mwna Mt. Mra(n uti tx:she twee trend, errd that my ere true to rry knorhsdgt. (Pursuant to $action 244-161 (13)(e) CRS, the nrtung oujury n the ..curd d gra. and Ia punayrble as a cis+ 1 rr d.mranor ) CONTRACTOR : Shelton Drilling Corp. Phone : (970) Mailing a .: • ' • : • I ! : r �I tic No 109 d Wee st.bnrrde cornet itae 927-4182 :. . Name / Title (Please Type or Print) Sign •f. ,4 Date Wayne Shelton / Freslaent 06/17/96 ORIGINAL • WRJ-S•Rev. 76 Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 PERMIT APPLICATION FORM nLCEIVED (�) A PERMIT TO USE GROUNC) WATER,- ( ) A PERMIT TO CONSTRUCT A WEL EC 14 1995 FOR: (A) A PERMIT TO INSTALL A PUMP ( ) REPLACEMENT FOR NO ( ) OTHER WATER COURT CASE NO (1) APPLICANT - mailing address /,� f A ,N#,« /yNC NAME Awl C ObX4' C4/4),/,/ ►r• 00x4" STREET 3 i.5-4 /rd /J r ¢ / CITY alealeN14)&61 �f� 81 itt '� 1��� f� i Qo/ 9'70 ! tats) TELEPHONE NO, / 7`A 9# (2) LOCATIQN OF PROPOSED WELL County A-f/n I� % of the 5• .E Y., Section 1 % Twp. __ice .GT , R ng. � fid/ , _ Go 0 (N. Si (E,Wi P.M (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) Average annual amount of ground water to be appropriated (acre-feet): Number of acres to be irrigated: Proposed total depth (fee -t): /s e R,% '356 -P74- Aquifer ground water is to be obtained from: Tr . & fo rn"'ar'`'"r forkR'G1 uKk,,o...e,. Owner's well designation COA /2 -/Ca 14 T GROUND WATER TOSE USED FOR: ( ) HOUSEHOLD USE ONLY - no irrigation (01 (X) DOMESTIC (1) ( ) INDUSTRIAL (5) ( ( LIVESTOCK (2) ( ) IRRIGATION (6) ( ) COMMERCIAL (4) ( ) MUNICIPAL (8) ( ) OTHER (9) DETAIL THE USE ON BACK IN (11) V,r'c�pr.SO /92h�-1 FOR OFFICE USE ONLY: 00 NOT WRITE IN THIS COLUMN (4) QRILLER Name L1 J C C N S e v Street City (State) Telephone No. Lic, No. Z1o) Receipt No 3:14/18 8 / Basin Dist. C9NDITIONS OF APPROVAL This well shall be used in such a way as,to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right Brom seeking relief in a civil court action. �A��afte e-e%trl ei.4- d) 5E 19 NE 3 - APPLICATION APPROV: R, PERMIT NUMBER DATE ISSUED EXPIRATION DATE BY (STATE ENGINEER) 10 J COUNTY 2 3 (5) THE LOCATION OF THE PROPOSED WELL and the area on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. 1.d 1 MILE, 5280 FEET — + 1 ! I NORTH1 T T 2 0 NORTH SECTION LINE I I 1 I l 1 1 I I I ) l 1I gip SOUTH SECTION LINE -I- 4- - 4 - -}- - + -- --1- - -1- -- - The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. (6) THE WELL MUST BE LOCATED BELOW by distances from section Iihes.- L �J 3 d ft. from fnort os.Oso t-71- ` sec. line ft. from 4-3 5 sec. line (east or west) LOT BLOCK FILING* SUBDI VISION (7) TRACT ON WHICH WELL WILL BE - LOCATED Owner: C e 7C No. of acres .2_51%0 1 Will this be the only welt on this tract? yes (8) PROPOSED CASING Plain Casing 6 in from 4 in from Perforated casing 7'2-- in from in from PROGRAM ft to eo ft e 0 ft to 3 p0 ft to 300 ft 35-o ft ft to ft WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 fool deep I cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325.900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLSgivedistance and direction from old well and plans for plugging it: it/74- (10) LAND ON WHICH GROUND WgTER WILL Ea US Q; Owner(s): TL./ C c,„CSi ,, COX .1,4,4+4,r`�'r,,q+4, 0e L a fl�aa ,c :J � `i r74- Legal description:i (11) DETAILED DESCRIPTION of the use of ground water: system to be used. f ff 3 R.f r / A,�.1/,;(7 a /-Mto 1/tlr-C7' c peuf r,av ! tAC"te. *41igRI3 L✓ , ' �� G S G� r 1G cc G No. of acres: 35-• O / , %i rc Xd.o co/ x Household use and domestic wells must indicate type of disposal RQ)fr / aA) .Ire s14,r (Tj)/4lS ,r 7410 0 . £7 soQO S. r ,j y S (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right / Used for (purpose) Description of )and on which used (13) THE APPLICANT (SI STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. xIUl� / SIGNATURE OF APPLICANT Use additional sheets of paper if more space is required. COUNTY ROAD 115 CENTERLINE /DITCH Er. i ' 'C .1 '�lr 2825:12' _ ■ 1N81113'0O'E 665.17' N89'13bE"E 1842.20" COX PARCEL #1 35.00 ACRES 3 P - POMPOM NU. l g /rt a O — 254410' R - 31:0..84' L • 174.87 C.• N7510'02".W 173.21* aeno's1'W.• 311:s0' • 4 > 744,1/ 71E SW >. 18 23.78 8 0 COX PARCEL. #2 3 5.01 ACRES BASIS OF BEARING N8.8'49'54'E CE 4TERIJNE DITCH :.I IIT. A'11114'3r R:- • 8q:91s' L - 21tt1!' C • /440116 15711. 22:28' A • 1144'QSt 1S4 R • 945.40 L • 183.12! C .. N44'46'42'W 28* PARCEL 0 PROPERTY DESCRIPTION 1 1996 �9 :OUNCES E NGIN,R COLO C0X PARCEL Fs 35.01. ACRES 1) w P. 4. ri 0044" t 'ir'�' � CENTERLINE to DITCH ESMT. 082011Y R — 2819.15 381.59' 11Z7'13'W A PARCEL OF LAND SITUATED 1.4 SECTIONS 19 AND 30. TOWNSHIP 6 SOUTH, RANGE 88 WEST •QF THE 6TN P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT ME SOUTNINI*ST CORNER OF SEC11ON;111i, TOWNSHIP 6 SOUTH, RANGE 88 WESTOF THE 6TH PAC;:CE N68'36'36."E 2935:;54 FEET TO HE TRUE POINT OF _ 8E(3} lNit ; THENCE S89'133'0E8`W 547.97 k .t,1; 'MENGE $0;0'Os' 42"W 10.18,65 FEET; THENCE •$1111215''W A150,17 FEET TO A POINT ON. THE1.NORTHERLY RIGHT—OF- WAY OF COUNTY` ROAD 1179; ENCE A ,ANG SAID RIGHT—OF—WAY' S50'37'4 3`E 228.03 FEET; . NES .c0N1w14ING k.,ONG MAID ilGH*P-OF-WAY • ON. h- CM)! TO THE RIGHT' HAVING A DELTA OF OrZO 59 RADIUS. Off- 261'0.15 FEET, ARC. LEWGTh VF 3I51:69 FEET WITH A CHORD OF S4877'13"E- 38146 ' FEET; THENCE LEA'ING M `, NORTHERLY RICHT-OF--WAY OF COUNTY ROAD 119 SBOrOO'QO"E 330.60 FEET; T}-IENe NOo'58'241'W 956.83 I: THENCE N00'08'15'E 1595.71 FEET TO THE TRUE PC1HT OF BEGINNING. SAID PARCEL CONTAINING 5.01 ACRES AS DESCRIBED. COUNTY OF GARFIELD rti� .ter .+A+ nn • n!1 t x >E 4,11 YT rti prE Rt tr • su Q co cza UO !z c <crO 5 cn Wo - ��o 3 e � i0 ,0. aaaa: a PAW" M33a,M315 a 1 SJUM S "a ram V sxn - .aaa, •x a5./ not OIIWDAJ %Mtn *Pt IVO '0'd S.IOJ ISL • • • k t) h • :�- 1 'q1 tom\ \;i X 760.1--/ 1 \• G $a 0 • 30 C r.:i (p S 29 4375000m.N. 25735E r S�� RCOLORADO QUAiPANGLE LOCATION t. wtc�ae-uo�oa�t+� slwv03....s.rw�ga o YR R31) -'.(off \ \ \\' 39.34 w ROAD CLASSIFICATION Medium -duty Light-duty Unimproved dirt U.S- Route 0• State Route 10r15 GLENWOOD SPRINGS, COLO. N3930- W10715/7.5 1961 1O 0 Parcel Detail i PES'mr 74` f ? 2,54-7_5-- Garfield County Assessor/Treasurer o 5'T I f 9iECE; iE JUN 1 2 2006 Assessor/Treasurer Property Search 1 Assessor Subset Query f Assessor Sales S arch �ATE1fRESOURCES Clerk & Recorder Reception Search STATE ENGINEER COLO. Parcel Detail Information Page 1 of 3 Basic Building Characteristics 1 Tax Information Parcel Detail 1 Value Detail f Sales Detail 1 Residential/Commercial Improvement Detail Land Detail 1 Photographs Tax Area Account Number Parcel Number Mill Levy 005 R005972 218719400142 55.215 Owner Name and Mailing Address TRULOVE, KAREN L & TIMOTHY R 731 OWENS DR SILT, CO 81652 Legal Description SECT,TWN,RNG:19-6-88 DESC: A PR OF LAND IN SEC 19 AND SEC 30 AKA jPARCEL 3 OF T COX SUB EXEMPTION. PRE:R050244 BK:1077 PG:0065 BK:1039 PG:0530 BK:1032 PG:0472 BK:1032 PG:0453 BK:0235 PG:0417 BK:1794 PG:780 RECPT:696977 BK:1784 PG:443 RECPT:694985 BK:1177 PG:329-330 RECPT:560693 BK:1177 PG:325-328 RECPT:560692 BK:1160 PG:928 RECPT:555485 BK:1160 PG:920 RECPT:555481 BK:1071 PG:0352 BK:1071 PG:0354 BK:0940 PG:0825 Location Physical Address: Subdivision: Land Acres: 3154 115 COUNTY RD GLENWOOD SPRINGS 35.01 http://www. garcoact.com/assessor/parcel. asp?ParcelNumber--218719400142 6/9/2006 Parcel Detail • Land Sq Ft: it() Section 19 Township 6 Range 88 Property Tax Valuation Information Sale Date: Sale Price: 4/28/2006 270,000 Basic Building Characteristics Number of Residential Buildings: Number of Comm/Ind Buildings: 0 No Building Records Found Tax Information Tax Year Assessed Value Amount Actual Value Land: 5,300 1,530 Improvements: 0 0 Total: 5,300 1,530 Sale Date: Sale Price: 4/28/2006 270,000 Basic Building Characteristics Number of Residential Buildings: Number of Comm/Ind Buildings: 0 No Building Records Found Tax Information Tax Year Transaction Type Amount 2005 Tax Payment: Whole ($84.48) 2005 Tax Amount $84.48 2004 Tax Payment: Whole ($79.94) 2004 Tax Amount S79.94 2003 Tax Payment: Whole ($69.78) 2003 Tax Amount $69.78 2002 Tax Payment: Whole ($73.04) 2002 Tax Amount $73.04 2001 Tax Payment: Whole ($73.38) 2001 Tax Amount $73.38 2000 Tax Payment: Whole ($2,581.38) 2000 Tax Amount $2,581.38 Page 2 of 3 Top of Page Assessor Database Search Options 1 Treasurer Database Search Options Clerk & Recorder Database Search Options http://www. garcoact.eom/assessor/parc el.asp?ParcelNu tuber=218719400142 6/9/2006 Parcel Detail i' th Garfield County Home Page Page 3 of 3 •The Garfield County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Garfield County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Copyright © 2005 - 2006 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. http://www.garcoact.com/assessor/parcel.asp?ParceiNumber=218719400142 6/9/2006 RFCEIVED DIVISION OHECKLIST JUN 4 4 19(1s WELL PERMIT APPLICATIONS kt.k «,mss key# / 92 S-6 2 /1,40,2 Applicant Name px/. ,44-( Ca Application in BLACK ink Type of per t application Correct Fee 0 Check # "-4742 ❑ 1) GWS -46 Monitoring/Observation a 2) GWS -45 General Purpose ❑ 3) GWS -44 Residential ❑ 4) GWS -49 New Household Only o 5) GWS -50 New 35+ Acre Residential O 6) GWS -12 Late Registration 0 Field Insp. report by Previous permit 1 Monitor Hole I VE# River System Location 1/4 1/4 Se ❑ Over -appropriate ❑ Subdivi . - • before June 1, 1972 ❑ Sub• ision Name ❑ - Attachme• (proof of pre -1972, legal description or plat) TWP. RNG / P.M. Lot # Filing O Non-overappropr ed Variance ty • e well ❑ Request for variance a Construction diagram O Topographical quad name ❑ 600 -foot Spacing ❑ County parcel number • o r C �� .1 ,9c, {- o,� Comments z--0.0z,5y �� C— SIGNATURE DATE d� ‘ • Ua t t. Dose terrlc•rcf fft i)tt rc+rwnrderl ttr 1)ctnvpr: AJs /.4. -/j -2717s - DIVISION 1/� lS DIVISION CHECKJ,i ST FOR WELL PERMITS Name of applicant: c%" . ` d.t ( am" ` a /r+� /application typed or neatly printed in black ink Gi Correct boxes checked for appropriate action O Previous permit number correct for. replacement: well, etc_ O Court case number listed for decreed wells Q Field inspection completed and attact►ecl (Lee or late reg.) (1) Applicant Mailing Address ri Hailing address correct and legible (printed or typed) ❑ Telephone number correct and current (local number if possible) (2) Location of proposed well 27. Location correct according to information supplied by applicant Location consistent with items (5), (6) on application note: distances and 1/4, 1/4 must be measured from SE corner of section for irregular. sections (3) Water use and well data "Proposed pump. rate" completed (15 gpm for exempt dour. and lin) "Amount of appropriation" completed "Acres irrigated" completed & matches type of well applied for (e "Proposed total depth" completed (d' Aqui.fer'intormation completed ("unknown" if not: snrp) Owner's weal designation-c'ompleted (optional) Groundw Or to' .be, used for:. Domestic or household use well O / non--overappropriated area overa opriated area 35 acres or more (must include description) U subdivided before June 1, 1972 or exempted by county (attach copy of exemption) subdivision date & lot It note: must include descriptions of parcels not in a subdivision (plat or metes and bounds) 0 Other (commercial, municipal, etc. ) (1) Driller Ea Designated driller- a copy of permit sent to driller indicated C"Colorado Licensed"- all copies of permit sent to applicant ,5) Location of proposed well (map) Completed and consistent with items (2) , (6) on application • (6) Location of proposed well (distances from section lines) C1� Completed and consistent with items (2) , (5) on application, supplied information 0 Subdivision information completed (when applicable) (7) Tracn which well will be located Completed note: if H.H. use or domestic on 35 acres In over- appropriated area can only have one well per t (check to verify no other wells in tare 1/4, 1/4 (6) Proposed caring program Completed Minimum casing size of 4" 1. D. with 20' solid steel surfac. casing (1' above ground, 19' below) U Variance request (letter and diagram) attached if applicab. (9) For replacement wells Completed if applicable - distance and "according to rules" (10) Land on which groundwater will be used b7 Completed if applicable (for irrigation only.wells) note: can be used to describe only well on 35+ acres (11) Detaild description Completed correctly.and in detail note: be.specific about uses,, especially number of hou to be ,served, .. s tockwater, irrigation -. must be Consistent with type of- well requested. Remember indicate type of -disposal for domestic and H. 11. (12) Other water rights (include well permit number if answer in 07 was Completed if applicable (13) Signature line (14) Comments Signed/dated by APPLICANT OR REPRESENTA`I'I authority -print name and title of representative) j/Jr VE (w/written -44;'" J r0 f0 o s G S ?& /J C Application fee attached: Check }} g Amount Application taken by: nppli ation choclrc.d hy. O v7 4� 3 J 42c t r 6C-5 t C7-\._ 3 .S' /9c e- /3 , ,e Aic - <(���sr -e E�-��jv7(• / at ►1111111111 111111IIII 1111111111 IIIII II1 ICIER Niiip45816 05/19/1999 01:00P 81130 P671 M ALSDORF 1 of 8 R 41.00 D 0.00 GARFIELD COUNTY CO COMMON WELL COVENANTS COX PARCELS 3 AND 6 GARFIELD COUNTY, COLORADO l'AUI_ C. COX, CALVIN ll. COX and MARILYN COX, (hereinafter the "Declarants") beinut the owners of Parcels 3 and 6 of the Cox Parcels located in Garfield County, Colorado, which Parcels arc described on Exhibits A-1 and A-2 annexed hereto. do hereby declare and establish that said Parcels shall be held, owned, conveyed, encumbered, leased, rented, used, and occupied subject to the following covenants. restrictions. conditions, easements, and obligations which shall run with the land and shall be binding on all persons having or acquiring any righl. title. or interest in said real property. to wit: 1. C'0lnlntln Water •stem t)escrihtion. ;'hc Common Water System which is the subject of these covenants shall consist of the Ibllowing: a. That certain water well (hereinafter "the well") located on Parcel 3. whi -11 well was chilled and constructed pursuant to Permit No. 192565 issued on .lanual 24, 1996. by the Colorado Division of Water Resources; b. The water, Well Permit No. 192565 and water rights appurtenant to the well; c. The pump, common pipelines and well equipment necessary to product and convey water from the well for use on the real property hereinabove described. ?. Water System Ownership. The Common Water System as above described shall he owned in undivided equal interests by the owners of the above described Parcels. The owner of each of said _Parcels shall he the sole owner of any pipelines or water system equipment which is not 'used in common, but which is used only to provide water service to his or her property. 3. Easements. The owner of Parcel 6 snail have an easement and right-of-way for the purposes of operating, maintaining, repairing and replacing the Common Watcr System, which easement and right of way shall be ten (10') feet in width and extend along and live feet (5') on either side of the common pipelines and any pipeline ar existing or hereafter installed, extending to Parcel 3. Such easement and right of way shall extend in all directions from the center ofthe well, a distance of twenty feet (20'). In addition, the owners of each parcel shall have an easement and right of way for the purpose of installing, maintaining, repairing, and replacing the electric line and related facilities required to provide an electrical supply to the Common Water System, which easement and right of way shall extend along and ten (10) feet on either side ofthe centerline ofthe electrical power line as hereafter installed to service the Common Water System. It is agreed that the electrical power line serving the Common Water System will be connected to the existing power line from a power pole located near Page 1of6 AFTER RECORDING, RETURN TO: Hill, Edwards, Edwards & Atkinson, LLC 502 Main Street, Suite 201 Carbondale, CO 81623 ,e - f. 4011 5816 05/19/1999 01:00P B11n P672 M ALSDORF 2 of 8 R 41.00 D 0.00 GARFIELD COUNTY CO III 11111 O1I1111111ill 1111111111111111111111111I11 sa the western boundary line of Cox Parcel No. 2 and from said location shall extend in a northeasterly direction to the north cast corner of Cox Parcel No. 2 and then shall proceed in an easterly direction along the north line of Cox Parcel No. 3. In no event shall be power lin,' be placed in a different alignment without the consent of the owners of Cox Parcel No. 2 and Cox Parcel No. 3. The owners of Cox Parcel No. 3 and Cux Parcel No. 6 shall share equally in the cost of extending electrical service to the well which service shall be deemed and considered a part of the Common Water System. Each Parcel owner shall bear the expense of extending the water supply line from the well or from the termination of the nearest common supply line. i f any, to the point or points of use on such owner's respective Parcel. 4. Water System Installation, Maintenance, Repair and Replacc,.,cnt. a. ll; after the Declarants' sale of either Parcel 3 or Parcel 6 to another party, the Declarants or such other party install the Common Water System, the Declarants and such other party shall equally share the cost of such installation. If neither of the parties have begun to install the Common Water System until after the Declarants have sold both Parcel 3 and Parcel 6, the new owners of Parcel 3 and Parcel 6 shall equally share the cost of the installation. If the new owner of Parcel 6 chooses to install a separate well to service Parcel 6, that owner shall not be required to pay any costs for installation, maintenance, repair or replacement of the Common Watcr System. Otherwise..the owner of each of above-described Parcels shall thereafter equally share the cost of maintenance, repair or replacement of the Common Water System; provided, however, the Declarants shall not be responsible to pay any such maintenance, repair or replacement costs and such costs shall be shared only by the Declarants' successors in interest to said Parcels 3 and .6. b. The owner of each of the above-described Parcels shall bear the cost of and be solely responsible for the installation, maintenance, rcpair and replacement of pipelines and other items not used in common by the Parcel owners but which are solely used to provide water service to such owner's Parcel. c. In the event that the owner of either Parcel determines that any installation, maintenance, repair, replacement or improvement of the Common Water System is reasonably necessary or appropriate for the proper functioning of the Common Water System pursuant to these Covenants, such Parcel owner shall give written notice of such determination to the other Parcel owner and the Parcel owners shall attempt to reach agreements regarding the completion of such installation, maintenance, repair, replacement or improvement and the payment therefor. d. If the owners are unable to reach such agreement, either owner may proceed to complete such installation, maintenance, repair, replacement or improvement as is a..gc 2 of G AFTER RECORDING, RETURN "r0: Hill, Edwards, Edwards & Atkinson, LLC 502 Main Street, Suite 201 Carbondale, CO 81623 111111111111111111111111111111111111111111111111111111 3616 05/19/1999 01:00P 81130 P673 M ALSDORF of 8 R 41.00 D 0.00 GARFIELD COUNTY CO • essential for the proper functioning of the Common Water System pursuant to these Covenants and shall give the other owner written notice of such other owner's rightful share of the cost thereof. If such other owner fails to pay such share of such cost within twenty (20) days after receipt of such written notice, the matter shall be submitted to arbitration before a single arbitrator chosen by the parties; provided that if the parties cannot agree on an arbitrator within tcn (10) days after said twenty (20) day period, the arbitrator shall be selected by the American Arbitration Association. Such arbitration shall be conducted in accordance with the rules of the American Arbitration Association and shall be binding on the owners. In the event of such arbitration, the owner of each Parcel shall equally pay the fees and expenses of the arbitrator. c. All conmion expenses related to the Common Water System to be shared as above - provided shall be paid by each owner within twenty (20) days after receiving notice thereof or alter determination by arbitration as above -provided, whichever is applicable. if any owner fails to pay such owner's share of a common expense as herein provided, such unpaid amount shall accrue interest at the rate of one percent (1 %) per month, compounded monthly, commencing at the end of the twenty (20) day period when such payment was due. If the non-paying owner fails to pay any amount due hereunder within three (3) months from the date due, the other owner who has paid such expense may seek a judgment for the amount due and may exercise such other legal or equitable remedies as are available, in which event the prevailing party shall be entitled to recover reasonable attorney's fees and costs incurred. 5. Operational Costs. The monthly cost of operating the water pump and water delivery system as above described, including charges for electricity use, shall be paid as follows: a. If and for so long as only one of the above described Parcels has been connected to and commenced receiving water from the common water system, the owner of such Parcel shall pay all of such operating costs. b When. both Parcels have been connected to and commenced receiving water from the common water system, the operating costs shall be apportioned in equal shares between the Parcels; provided, however, if the amount of water delivered to the Parcels is measured by volumetric water flow meters, the monthly operational costs o f said system shall be prorated on the basis of gallons of water received per Parcel. c. If both Parcels have been connected to and commenced receiving water from said system and if volumetric water flow meters have not then been installed on both Parcels, the owncr of either Parcel may thereafter demand in a writing delivered to the owner of the other Parcel that volumetric water flow meters be installed on each Page 3 of 6 7777777775777,,, AFTER RECORDING, RETURN TO: Hill, Edwards, Edwards & Atkinson, LLC 502 Main Street, Suite 201 Carbondale, CO 81623 � ��.ru•a�t; 116111 11111 E5I111 SII 161111 11111 11911191 345816 05/19/1999 01:00P 61130 P674 M RLSDORF 4 of 8 R 41.00 D 0.00 GARFIELD COUNTY CO of the Parcels for the purpose of measuring all water received from said water system. In such event, each Parcel owner shall, at such owner's sole cost and expense, within thirty (30) days of the delivery of such written notice, install on such owner's Parcel a volumetric water flow meter to measure all water delivered to such Parcel. 6. Disconnection from Water Supply. in the event the owner of either oldie above described Parcels desires to discontinue the use of water from the above described water system, such owner may disconnect from said water system. and, upon disconnecting and giving written notice of such disconnection to the owner ofthe other Parcel, shall be relieved of any further obligation to pay the cost of maintenance of said system; provided, however, such disconnecting owner shall remain fully liable for his or her share of any maintenance expenses incun-ed prior to such disconnection, and such disconnecting owner shall not thereafter be allowed to reconnect to the water system without having first obtained the written consent of the owner oldie Parcel then utilizing said water system. In the ck ent of disconnection of any Parcel from the water system as provided in this paragraph, the maintenance expenses thereafter incurred in connection with said water system shall be bonne by the owner of thc remaining Parcel. 7. Water Distribution. Each owner of an interest. in the Common Water System shall use not more than one-half(;,) of the water physically available from the well, or one-half (ii) of the water allowed to be used under the well permit, whichever is less. In order to insure reasonably comparable pressure to each Parcel, thc water lines to the respective Parcels may be required to be of non-uniform► diameter. The owner of each Parcel shall also install such flow restrictors in their water supply lines, water storage tanks and other facilities as may be necessary to effectuate the purposes and intent of this section. In the event the water produced from the well becomes inadequate to supply all of the demands for water therefrom, the parties utilizing such water shall proportionately reduce their consumption therefrom until they are each consuming an equal amount ofwater which can adequately be produced from the well. The owners of the Parcels may elect to drill a new well or take such other remedial action as is necessary to improve the production of water from the common system and the cost thereof shall he borne equally by the owners of said Parcels, subject always to the disconnection rights as provided in these covenants. The owner of each Parcel shall install a shut-off valve on the water line serving such Parcel. Such valve shall be located at a point on the individual supply line for such Parcel to allow the supply of all water to such Parcel to be discontinued without interfering with the supply of water to the other Parcel. 8. • Water Use Restriction. Water from the common water system shall be used to serve no more than one single family residence and one guest home on each of the above described Parcels, and the irrigation of not more than one-half acre of home gardens and lawns on each Parcel. Any use of water from the common water system except as herein expressly provided is Page 4 of 6 AFTER RECORDING, RETURN TO: Hill, Edwards, Edwards & Atkinson, LLC 502 Main Street, Suite 201 Carbondale, CO 81623 w1 11111 Eli gin NU ill �Ei�l�l II��I III ILII Unit 54531E 05/19/1999 01:00P D1130 P675 M ALSDORF of 8 R 41.00 D 0.00 GARF1ELD COUNTY CO 9. hereby prohibited, unless otherwise provided in a written, agreement executed by all of the owners of all of the above described Parcels. Enforcement. The owner of either Parcel shall have the right to enforce, by any proceeding at 'aw or in equity, the covenants herein contained. Failure to enforce any covenant shall not be deemed a waiv.cr of the right to do so thereafter. The party prevailing in any action for enforcement of these covenants shall be entitled to recover all court costs, including reasonable attorney's fees incurred. 10. Severability. Each of the covenants herein contained shall be deemed independent and separate and the invalidation of any one shall not affect the validity and continuing effect of any other. 11. ;Amendment and Termination. The covenants and agreements herein contained shall continue in full force and effect for a period of twenty (20) years and from year to year thereafter until amended or terminated by written instrument executed by all of the owners attic Parcels above described. 12. Notices. Notice as hereinabove required shall be deemed delivered upon being placed in the United States Mail, postage prepaid, and bearing the address of the owner as shown in the records of the office of the Assessor of Garfield County, Colorado. 13. Construction. Whenever used in this document, the word "owner" shall be deemed to include multiple owners of one of the above described Parcels and all of the owners of one Parcel shall be jointly and severally liable for the obligations of the owner of such Parcel hereunder. SIGNED this / 7 day of May, 1999. Paul C. Cox a vin H. Cox Page 5 of 6 AFTER RECORDING, RETURN TO: Hill, Edwards, Edwards R. Atkinson, LLC 502 Main Street, Suite 201 Carbondale, CO 81623 fg'°"!'c°y ''Pr+"y+�a�nro^^*gra,e;cd.+.:+.oSs�rM«.�+a�r+.+hR^^7t.': '.^"r,.;A�1tl1e Yea..;i.twen.'i"A'4Q!t1.R�!�±+�X, u,.s M+Z'.z.,,n ....w• YM1'K..•!.r,:•r sT':^v'.'y2"^,,,^w..n�.r..•r.�w�e!:�Xt I 1r,i11173111 ETI111111111111111111111i1111 iil l l 543316 05/19/1393 01:00P 01130 P676 N ALSDORF G of 8 R 41.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) COUNTY OF GARFIELD ) ss. The foregoing instrument was acknowledged before me this % 7/11 day of May, 1999, by Paul C. Cox, Calvin H. Cox and Marilyn Cox. Witness my hand and official seal. My commission expires: /2/W2000 ....... ......s-. ,....741 Notary Pule Page 6 of 6 AFTER RECORDING, RETURN TO: Hill, Edwards, Edwards & Atkinson, LLC 502 Main Street, Suite 201 Carbondale, CO 81623 • • 10 ii • m m n w N ,0 y E y Q U v a a ro Q l Z. E O z r T J .. =a ga Ui - r - 0. a H� ®CO ac 0 U) Q 0 a i s 0cm LOCATION 14 09Z` O ®IH W 1 `r - 4 n a N i 1 • Adjacent Land Owners 2187 194 00 139 Glenn, Daniel F and Karen A 3150 County Road 115 Glenwood Springs, Co 81601 2187 193 00 2187 304 00 128 Bryan, Samuel W and Beverly L P.O. Box 327 Glenwood Springs, Co 81601 141 2187 301 00 148 Tyson, Karin Shaine 3142 County Road 115 Glenwood Springs, Co 81601 2187 301 00 116 Burrows, Gary A and Corine M 601 County Road 119 Glenwood Springs, Co 81601 2187 301 00 112 Bell, Annie S and Bruce A 0683 County Road 119 Glenwood Springs, Co 81601 2187 301 03 006 Cantrup, Dieter and Kathy 745 Heater Lane Glenwood Springs, 81601 2187 301 03 005 Fleetwood, Paul and Jennifer 735 Heather Lane Glenwood Springs, Co 81601 Cox, Calvin H and Marilyn 3154 County Road 115 Glenwood Springs, Co 81601 2187 301 00 150 Cox, Calvin Herbert and Marilyn 3154 County Road 115 Glenwood Springs, Co 81601 2187 191 00 151 Bureau of Land Management 50629 Hwy 6 and 24 Glenwood Springs, Co 81601 • o`/ef✓2/6 PRE-EMPTION AND OASR ENTRE PATENT -1107--,...,d. .....• ••..,••...+ THE UNITED STATES OF AMERICA, uL�' AwLi-GL. Certificate No.-_/ 'f 3 To all to Wham these Presents shall come, GRESTING ghereacgi c>-Cs,-n�cQ.v has deposited in the General Land Office of the United States a Certificate of the Register of the Land Office at - - -- -- i---- wherebyit appears that 9 = � o-vz� '- �trfr Q��n pp full payment has been made by the said according to the provisions of the Act of Congress of the 24th of .April, 1820, entitled "An Act making further pro- vision for the sale of the Pablic Lands," and the acts supplemental thereto, for �z�� �• <I / 7 z!.- ,� .-, -: <-,-c J ^ - I "-_-�-� zLCI-Lt.`. GCS-a��'' 7 "7-2.` • 2• ,= •G-z.�%fi Ic �yc'1CC" '31/11- %ck-. 9-1'4-4'71c� —...- (J -p U��J according to the Official Plat of the Survey of the said Lands, returned to the General Land Office by the Surveyor General, which said Tract has been purchased by the said Now Know Ye, That the United States of America, in consideration of the premises, and in conformity with the several Acts of Congress in such case made and provided, have given and granted, and by these presents do give and grant unto the said— and aid and tom heirs, the said Tract_above described: To Have and to Hold the same, together with all the rights, privileges, immunities and appurtenances, of whatsoever nature, thereunto belonging, unto the said 7_.z2ZZS. and toheirs and assigns forever; subject to any vested and accrued water rights for mining, agri- cultural, manufacturing or other purposes, and rights to ditches and reservoirs used in connection with such water rights as may be recognized and acknowledged by the local customs, laws and decisions of Courts, and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrat or int rsect the premises hereby granted, as provided by 7'-`"-•=r,4-4 6 '.^r LF` ,,.. ad... �-4 �— -.- . c.ce ✓ 1/.G, a-.. cr_ l� ,sem cc.. !r✓ s-fs�,� In Testimony Whereof, I, .� .�... ,,. .���. � President of the United Stales of America, have caused these letters to be made patent, and the Seal of the General Land Office to be hereunto affixed. Given under my hand, at the City of Washington., the day of �i , in the year of our Lord one thousand eight hundred and 14444.47— - c and of the Independence of the United States the one hundred and.AcAsz. B Y THE PRESIDENT:,—t� e— By 2 l --/Jt `"' Secretary. t�---e--+-r� Recorder of the General Land Office. Recorded, Vol... Page Filed for Record the day of_y A. D. 18ff', By • Mineral Rights Mineral Rights retained by the United States Government Bureau of Land Management Colorado State Office 2850 Youngfield Street Lakewood, Co 80215 (303) 239 - 3600 • • 1111111 11111 1111111 111 1111111 1111111111 111 11111 11111111 696977 05/01/2006 01.55P 61794 P780 M ALSDORF 1 of 2 R 11.00 D 27.00 GARFIELD COUNTY CO • • • After Recording Return to: Mason and Morse Real Estate Erin Bassett 801 Colorado Avenue Glenwood Springs, CO 81601 WARRANTY DEED This Deed, made April 28, 2006 Between Steve R. Peterson of the County Garfield, State of COLORADO, grantor(s) and Karen L. Trulove and Timothy R. Trulove, as Joint Tenants whose legal address is 731 Owens Drive, Silt, CO 81652 County of Garfield, and State of COLORADO, grantee. WITNESS, That the grantor, for and in the consideration of the sum of TWO HUNDRED SEVENTY THOUSAND AND 00/100 DOLLARS (8270,000.00 ) the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, their heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Garfield, State of COLORADO described as follows: See Exhibit A attached hereto and made a part hereof. also known by street and number as 3154 County Road 115, Glenwood Springs, CO 81601 TOGETHER with all and singular hereditaments and appurtenances, thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind of nature so ever, except for taxes for the current year, a lien but not yet due and payable, and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with section 8a (Title Review) of the contract dated March 22, 2006, between the parties. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the :11.,:ie arri pnrt ther_cf. The a:^ .ia. ;lumber shall ..._lude the p:_rel, the ph_rsi the ng'.'!sr, ane the ur- of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this on the date set forth above. SELLERS: Steve R. Peterson STATE OF MINNESOTA COUNTY OF t a,..# hi J ^i }ss: The foregoing instrument was acknowledged, subscribed and sworn to before me April 7„C2006 by Steve R. Peterson. Witness my hand and official seal. L4r. lA?tRi:�9�JIp111A1MI •T_ •JOAN R. QUIRK r? P•i' ;4 ": Y Pi.18UC _ MUWNE110111 1� tJrnra� - Exp. Jan. 31, ISO WD -Warranty Deed Public My Commission expires: / j, - O ESCROW NO. 926-H0100943-105-EA3 / n r n• 1 111111111111111111 iii 1111111 1111111111 111 1111111111111 696977 05/01/2006 01:55P 61794 P781 M ALSDORF 2 of 2 R 11.00 D 27.00 GARFIELD COUNTY CO Exhibit A A parcel of land situated in Sections 19 and 30, Township 6 South, Range 88 West of the 6th P.M., More particularly described as follows: Beginning at the Southwest corner of Section 19, Township 6 South, Range 88 West of the 61h P.M. ; thence N.68°36'36" E. 2935.54 feet to the True Point of Beginning; Thence S.89°13'08" W. 547.97 feet ; thence S.00°08'42" W. 1018.65 feet; thence S.11'02'15" W. 1150.17 feet to a point on the Northerly right of way of County Road 119; Thence along said right of way S.50°37'43" E. 228.04 feet; Thence continuing along said right of way on a curve to the right having a delta of 08°20'59", radius of 2619.15 feet, arc length of 381.69 feet with a chord of S.46°27' 13" E. 381.36 feet; thence leaving the northerly right ofway of County Road 119 S. 90°00'00"E. 330.60 feet; thence N.00°58'24" W. 966.83 feet; thence N.00°08'15" E. 1595.71 feet to the True Point of Beginning Also known as: Parcel #3 Cox Subdivision Exemption Plat, according to the Plat recorded October 21, 1997 as Reception Number 515332. County of Garfield. State of Colorado. Together without warranty the following water and water rights, ditches and ditch rights appurtenant to said property including but not limited to the following: All right, title and interest of the grantor in and to 0.5 C.F.S. in the Cox Spring Valley Ditch, Priority Number 94CW273, confirmed and approved May 23, 1995. As well as a one-half (1/2) interest in the well pursuant to Permit Number 192565 issued by the Colorado Division of Water Resources. • • • 1I I1II MI inN hi llX11 I l l Ill lilt EHI I 513170 09/03/1997 03:52P 31032 P462 135 10 of 15 F2 76.00 D 0.00 N 0.00 GARFIELD CLERK PARC:F1, #3 ['R()1 1.LI'1.Y 1)1 _SCII 1'"CI()!` PARCEL OF LAND SITUATED IN SECTIONS 19 AND 30, TOWNSHIP' (3 501:11-1, RANGE 88 W1=51- ()F "[NE F`IN P.M., MORE PARTICULARLY DESCRIBED AS [4L LOWS: BEG1I"T1NG AT THE. SOUTHWEST CORNER OF SECTION 19, TOWNS[ IIP 6 SOUTH, RANGE 88 WI- -T OF THE 6'Il-i P.M.; THENCE N65°36'3(5 E 2935.54 1-1:>:1 TO THE TRUE POINT OF BEGIN- NING; THENCE NCE 589° 13'08"W 547.97 FEET, THENCE S00°013'42"W 1018.65 FEET: -T11F.NCE S 1 1 °02' 15"W 1150.17 FI,1. C TO A POINT ON THE NOR -HIM -UN BIGHT -OF -WAY OF COUNTY ROAD 1 19; THENCE ALONG SAID RIGHT-OF-WAY S50°37'43"E 228.04 I^LI=.1: THENCE CONTINUING ALONG SAID RIGHT-OF-WAY ON A CURVE TO THE FLIGHT HAVING A DELTA OF 08°20'59", RADIUSOF 2619.15 1-EYA , ARC LENGTH OF 381.69 FEET WITH A CHORD OF 5446°27'13"E 381.36 FEET; THENCE LEVING THE NORTHERLY RIGHT-OF-WAY OF COUNTY ROAD 1 19 590°OO'OO"E 330.00 FEET; THEMICE NOO°58'24"W 966.83 FEET; 11-IENCE NOO°0b' 15"E 1595.71 FELL TO THE TRUE POINT OF BEGIN- NENG. SAID PARCEL. CONTAINING 35.01 ACRES AS DESCRIBED. RUG -228-199 13:09 P.10 1 r: 53.3170 {11 iillionumu919191911991111961111111 53.31 i0 09/03/1997 03:52xP 1)1032 P433 133 1 of 15 R 76.00 D 0.04 M 0.00 GARFIELD CLERK DECLARATION OF COVENANTS, EASEMENTS AND RESTRICTIONS FOR COX PARCELS, GARFIELD COUNTY, COLORADO PAUL C. COX, CALVIN H. COX and MARILYN COX, being the owners of that real property located in Garfield County, Colorado, and particularly described on Exhibit "A" attached hereto and incorporated herein by this reference, hereby declare that said real property shall be held, transferred, sold, conveyed and occupied subject to the covenants, easements and restrictions (collectively referred to herein as "Covenants") hereinafter set forth, which Covenants shall run with the land and be binding on all parties having or acquiring any right, title or interest in said property or any part thereof, their heirs, successors and assigns. ARTICLE I DEFINITIONS 1.01 "Declarants" shall mean Paul C. Cox, Calvin H. Cox and Marilyn Cox, or their successors, provided that such term shall apply to an assignee or transferee of said individuals only if the instrument of assignment or transfer specifically assigns, transfers or conveys the Declarants' rights under this Declaration. 1.02 "Owner" shall mean the record owner of fee simple title to any Parcel, including the Declarants with respect to any unsold Parcel. 1.03 "Parcel" shall mean any part of the Property which is transferred as a parcel into separate ownership. 1.04 "Property" shall mean that real property d.scribed on Exhibit "A". 1.05 "Architectural Committee" shall mean the committee of Owners as selected and operated pursuant to this Declaration. ARTICLE II USE RESTRICTIONS 2.01 Residential Use. Except as provided for herein, all Parcels shall be used for residential purposes only and each Parcel shall be limited to one single family dwelling and such caretaker unit, guest house or other accessory structures as are allowed by the zoning regulations of Garfield County, Colorado, or such other governmental entity as may hereafter have zoning jurisdiction of the Property. No Parcel shall be occupied or used for any commercial or business purpose except for a home occupation or profession conducted entirely within a residential structure by the Owner thereof or a business venture involving equestrian boarding, training or lessons. Any such permitted home occupation or profession or such business venture involving equestrian boarding, training or lessons shall be clearly incidental and secondary to the use of said Parcel for residential purposes. Any such home occupation or profession conducted entirely within a residential structure by the owner thereof shall not involve business invitees or customers coming upon the Parcel. Except for any signs identifying a Parcel or its 1 •r,9°Ntr-:vl• f �': ��rf �- fir... _�•t,k:,,n4rterfp ?nr y�rc�+nn' ''•�aR:,"to. 3'•7, 4'" 16 l�,� s�y fr7h. ° . ,;"�', - i'� 5 -.. i ,ark . FrP. � rr ltrtr,t ie n III III & lil t Ell I I I I �� � 11I it IR I I` I 513170 09/03/1e97 03:52P 81032 P404 133 2 of 13 R 76.00 D 0,00 h 0.00 GARFIELD CLERK owner, no signs, advertising, business displays, stock in trade or business equipment which is visible from the exterior of a residential structure shall be permitted on any Parcel. Any provision in this Declaration to the contrary notwithstanding, the Declarants, and any of them, shall have the unrestricted right to continue agricultural operations, and to maintain existing structures and uses in connection therewith, on all that part of the Property which the Declarants continue to own hereafter. 2.02 Dwelling Size. The habitable living area (exclusive of garage area) of the single family dwelling to be constructed on each Parcel shall be not less than 2.000 square feet of which not less than 1,500 square feet shall be on one floor. 2.03 No Nuisance or Unlawful Use. No activity which is unlawful or which is a nuisance or annoyance to owners or occupants of the Parcels or adjoining properties shall be carried on or permitted on any Parcel. 2.04 Storage of Vehicles, Equ jpment and Materials. No unlicensed or inoperable vehicle shall remain on any Parcel for more than forty-eight (48) hours, nor shall any vehicle be repaired on any Parcel unless such vehicle is enclosed from view. No more than two (2) operable and licensed vehicles, one of which may be a motor home or other recreational vehicle, shall be kept or stored on any Parcel for more than forty-eight (48) hours unless enclosed from view. No equipment, tools, lumber, building materials, metals, scrap, refuse, garbage, trash or other such materials shall be placed, kept or stored on any Parcel unless enclosed from view; provided that building materials may be stored on a Parcel during the course of construction but then only for such reasonable period of time (not to exceed a maximum of one year) as is necessary for the use or disposal thereof. All such construction materials shall be neatly stacked and maintained in an orderly condition at all times during construction. For purposes of Liis Declaration "enclosed from view" shall mean located within a garage or other structure which has been approved by the Architectural Committee and which fully screens its contents from view from all other Parcels. 2.05 Fuel Storage. No fuel storage tanks shall he installed on any Parcel unless buried below the ground surface or otherwise screened by a structure, provided any such tank installation and screening structure, if applicable, must be approved by the Architectural Committee. 2.06 Parcel Maintenance. The Owner of each Parcel shall maintain their Parcel and all improvements thereon in a generally attractive condition. 2.07 Temporary Structures. No temporary structures such as mobile homes, camping trailers, tents or other similar structures shall be placed, erected or used upon any Parcel except that a construction shed or tra;r_er may be placed on a Parcel during the actual construction of a residence or improvement on the Parcel but shall be promptly removed upon the completion of such construction. 2.08 Animals. Animals shall be permitted on the Parcels subject to the following conditions and restrictions: 11:.18{V%.CM Ct1VINA14r.1 2 1 VIII 111i 1P11 11 MN 111;5 513170 09/03/1 7 ©3:52P B1032 PE55 135 3 of 15 R 76.00 D 0 . @fl N 0.00 GR SFIELD CLERIC (a) In the event any animal becomes obnoxious or constitutes a nuisance or annoyance to the Owner or occupant of any Parcel or threatens other animals or wildlife, the owner of such animal or the Owner of the Parcel upon which such animal is kept shall permanently remedy the problem within five (5) days of written notice from a majority of the Architectural Committee or a majority of the Owners of the Parcels. If such problem is not remedied within said five (5) day period, any Owner may seek enforcement of this covenant by judicial action or other lawful remedy. (b) The number of horses or other livestock kept on any Parcel and the duration of grazing of any such livestock shall be controlled in a manner to avoid overgrazing of any Parcel. 2.09 Fences. Any Owner desiring to prevent livestock entering such Owner's Parcel from adjoining Parcels or lands shall be solely responsible for the construction of adequate fencing to exclude such livestock from such Owner's Parcel, provided that such fencing shall (a) be approved by the Architectural Committee prior to construction; (b) comply with all applicablestate and local laws and regulations; and (c) be constructed in manner with gates or other provisions to assure the reasonable use, operation and maintenance of any and all easements herein established and reserved. 2.10 Resubdivision Prohibited. No Parcel which is conveyed by the Declarant to a third party shall ever be resubdivided into smaller lots, tracts or parcels, nor conveyed or encumbered in any less than the full original dimensions of such parcel as hereafter conveyed. ARTICLE III ARCHITECTURAL, COMMITTEE An Architectural Committee (hereinafter "the Committee") shall consist of three (3) members who shall be appointed by the undersigned Declarants until the Declarants own less than two (2) parcels whereupon the three (3) members of the Committee shall be selected by a majority vote of the Owners on an annual basis. The Committee shall have authority to approve or disapprove structures or improvements on the Parcels upon the terms and conditions hereinafter provided. No building, structure or improvement, including any fence to be constructed on or within fifty (50) 'feet of a common boundary between two (2) Parcels, shall he commenced, created or maintained, nor shall any addition to or change or alteration therein he made until a written request for approval, including plans and specifications showing the nature, kind, shape, height, color, floor plan, materials, location and approximate costs of said structure or improvement, and the site grading and landscaping to be done on the Parcel in connection therewith, has been submitted to and approved by the Committee in writing. The Owner of any Parcel submitting a request for approval to the Committee shall pay to the Committee at the time of such submittal a nonrefundable review fee in an amount established by the Committee from time to time; provided that the review fee in effect at any time shall be uniformly applied to the request of all owners submitted at that time. 11 4I'CIX CMAIIVI]1AMT.I 3 s • 1111111 111110I Illi 11 X11 I1 1 II 1111 II1II 111 1 1 513170 09/03/1997 03:52P 01032 P4511 133 4 of 15 R 79.00 D 0.00 N 0.00 GARFIELD CLERK The Committee shall have complete discretion in determining whether to approve or disapprove structures or improvements; provided that such discretion shall be exercised in a manner to assure compliance with this Declaration and to promote the use of structural materials of high quality with minimum maintenance requirements to assure the optimum appearance of the properties under all conditions. The Committee may, from time to time, adopt such architectural standards as it deems appropriate in furtherance of the above stated objectives, which standards shall be considered covenants enforceable as hereinafter provided. Such architectural standards shall include a prohibition of unpainted galvanized tin buildings and roofs and shall specify any additional colors of metal siding and roofing materials which shall not be permitted. In the event the Committee fails to approve a structure or improvement and does not expressly indicate disapproval or affirmatively irnpose additional requirements or request additional information in writing within twenty (20) days after receipt of a written request for approval, the structure or improvement shall be deemed to be approved. Any provision herein to the contrary notwithstanding, any structure or improvement which has been completed or installed for one hundred end twenty (120) days shall, as to only a bonafide purchaser or lue and without notice, be deemed to have br,cn approved unless the Committee snail have recorded in the office of the Clerk and Recorder of Garfield County, Colorado, a writing indicating its disapproval thereof within said one hundred and twenty (120) day period. The Committee shall not approve a structure or improvement until the full payment of all t'ces required to be paid to the Declarants or their successors and to any governmental entity and the performance of all covenants and agreements required pursuant to the contract under which the subject Parcel was purchased from the Declarants or their successors. The payment of such fees and performance of such covenants and agreement shall constitute additional covenants on all Parcels subject to enforcement as hereinafter provided. Construction or installation of any structure or improvement on a Parcel shall proceed promptly and diligently to completion after approval thereof by the Committee. Unless the time is extended by the Committee in writing, failure to complete any structure within one (1) year after the date of approval by the Committee shall constitute an automatic revocation of the approval and any partially completed or installed structure shall not thereafter he permitted to remain on tl'e property for a period longer than one (1) month after the Committee requests removal of the partially constructed or installed structure. The Committee and its duly appointed agents and employees may enter upon any Parcel within the properties at any reasonable time for inspection of any structure or improvement. ARTICLE IV COX SPRING VALLEY DITCH 4.01 Ditch Owners. There shall be appurtenant to certain parcels a water right interest in the Cox Spring Valley Ditch (the "Ditch") which is the subject of Case No. 94CW273 in the District Court for Water Division No. 5. The Owner of any parcel having an interest in said 4 11111 iii Val 1'y'_511 � � 513170 139/03/1 �"7 Oa:52P 191032 P457 135 5 of 15 R 76.00 D 0.00 N.0.00 G RFIELD CLERK Ditch shall be subject to the provisions and restrictions regarding the operation of the Ditch as hereinafter set forth. 4.02 Ditch Operation and Maintenance. Decisions regarding the operation and maintenance of the Ditch shall be made by a majority vote of the Owners having on interest in the Ditch, provided that so long as the Declarants own one or more Parcels to which an interest in the Ditch is appurtenant, the Declarants shall have three (3) votes for each such Parcel and the Owners of the remaining Parcels to which an interest in the Ditch is appurtenant shall have one (1) vote for ez :h Parcel owned. If any Parcel is owned by two (2) or more persons, whether by joint tenancy, tenancy in common or otherwise, the Owners of such Parcel shall have one (1) vote collectively, and shall designate, in writing, one person who shall cast the vote for such Parcel. In the absence of such designation, each of such Owners may cast a fractional votc. 4.03 Disclosure. Each and every person acquiring any interest in any Parcel thereby acknowledges that the manner in which the Ditch is operated and the resulting water level relative to the Parcels and adjoining properties affects the Parcels and adjoining properties. Each. such Owner agrees that the Ditch shall be operated and maintained in a manner consistent with its historic use for irrigation purposes by Paul C. Cox, Calvin H. Cox, and Marilyn Cox and reasonably expected to minimize adverse effects on the Parcels or adjoining properties, taking into account and balancing in a reasonable manner the interests of all affected parcel Owners. Each Owner shall indemnify and hold harmless the other Owners from and against any claim, loss or damage arising as a result of such indemnifying owners' acts or omissions with respect to the operation of the Ditch. 4.04 Ditch Easement. There is hereby reserved for the benefit of each and every Owner holding an interest in the Ditch a non-exclusive easement for operation and maintenance of the Ditch, which easement is described on Exhibit "B" attached hereto and incorporated herein by this reference. ARTICLE V EASEMENTS 5.01 Waste Water/Runoff Easement. There is hereby reserved over and across the Parcels an easement for irrigation waste water and natural runoff in accordance with historic patterns. ARTICLE VI WATER STORAGE 6.01 Water Storage Tanks. The owner of each Parcel shall be solely responsible for the installation of any water storage required on the Parcel for fire protection by Garfield County or other governmental entity having jurisdiction. Any such water storage tank shall comply with all governmental regulations, be placed totally underground and be approved by the Architec..7a1 Committee. >,.IV,N,H, , 5 161 NM BS 11111 SIINM1111111lII X111 I I 513170 09/03/1497 03:52P 81032 P4 O 135 6 of 15 R 76.00 D 0.00 H 1.00 GARFIELD CLERK ARTICLE VII MISCELLANEOUS 7.01 Enforcement. The Committee or any Owner of any Parcel shall have the right to enforce, by any proceeding at law or in equity, all covenants herein contained. The failure of the Committee or the Owner to enforce any covenant shall not be deemed a waiver of the right to do so thereafter. The prevailing party in any action for enforcement of these covenants shall be entitled to recover all court costs, including reasonable attorney's fees incurred. 7.02 Severability. Each of the covenants herein contained shall be deemed independent and separate and the invalidation of any one shall not affect the validity and continuing effect of any o -her. 7.0 Amendment and Termination. The covenants herein contained shall continue for twenty (20) years from the date hereof and from year to year thereafter, until amended or terminated by written instrument executed by a majority of the Owners. Executed this: day ofa� , 1997. STATE OF COLORADO ) COUNTY OF GARFIELD ) ss. Calvin H. Cox Marilyn Cox The foregoing instrument was acknowledged before me this U I day of , 1997, by Paul C. Cox. Witness my hand and official seal. My Commission Expires: 0(0(071e/40 1, '.4R.'hl> CAI PV121MR.1 6 My CommLW1041 acrekTif 'moo 07, 2000 t ,,,.--ra-i., . r�..-.. ,r � . ���.s�'•T'Kti�..•r�;i-,. ...cw+f'.3.....-tr.Ai"".vmst. ...-,.,,.... STATE OF COLORADO ) COUNTY OF GARFIELD ) SS. iI�11I111 NM 5111111II1I'1111 glitI 1i t 313170 03/03/1097 c3:52p E41G32 13t 7 of 13 R 76.0 D 0.00 N 2.00 GARFIELD CLERK The foregoing instrument was acknowledged before me this aktday of Cti( , 1997, by Calvin H. Cox and Marilyn Cox. Witness my hand and official seal. My Commission Expires: No /0 7 j c:9066 „,t.CA.Q,., My Commission =Ow Juno 07, 2000 7 ��r m a.'4�` r t✓ ;:'r ` W r .t,tti..'• h tc 8;T w t-il c 1,11t)K.11)O )ss iIi III IIIII IIIIII 11\\% III IIIIII AIIIiI III I \I ILII ILII 515376 10/22/1997 01:55P 111039 P530 47 1 of 4 R 0.00 0 0.00 N 0.00 GARFIELD CLERK 1t cl ._ _ .:.:, ._..:. ___ . _ _.. meeting of the Board of County Commissioners for (iartield '. vlosado. held iso the . onitnissiuncrs' Meeting Room. Garfield Count\ C.:ut.nlhuuse. in Glenwood Springs on ..._.. the of =---- -- .'1.D. lc)-- - there were present: Marian 1. Smith . Commissioner C'lutirman .loha. v1;.rtin • . Commissioner 1.urr\ McCown —, Commissioner _ Don Dehord . County Attorney 'wlildre&i .\lsciorl _ Clerk of the Board hoch1)escl)Nlcs _....---...-------y___-___—_: County Administrator .when 11/ following proceedings. among others were had and done. to -wit: RESOLUTION NO. ri 1 A 11. 1 1! 1 'HON CONCERNED WITH GRANTING -AN EXEMPTION FROM .1-11E GARFIEI,1) (- ()l `. i 1 "1 'ISION Ri?GI..ILAI•IONS FOR CALVIN. PAUL & MARILYN COX. W111.R1.AS. C ;1: ':'IN. PAUL & MARILYN COX petitioned the Board of County Commissioners of Garfield County. Colorado. for an exemption from the definition of the teras "subdivision" and "subdlw ivied land" under C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended, and the Subdivision Regulations :'.I. (rar; field (.Ounly. Colorado. adopted April 23, 1984, Section 8:00 through 8:60 and for the division of a 26S.9! acre tract as described in Book 235 at Page 417, as filed in the Offices of the Clerk and Recorder of Garfield County. Colorado. into two (2) tracts of approximately 18.85 and 250.06 acres each. with the • exemption parcels more practically as follows: Parcel Parcel 2 See Attached Exhibit A A11 of that parcel described in Exhibit 13. less Parcel 1 (in the `t;ltc (:)f Colorado and the County of Garfield): and \\ 111:RL-,S. the Petitioners have demonstrated to the satisfaction of the Board of County Count .:.iuncrs of Garfield County. Colorado, that the proposed division does not tall within the purposes ;,f Pars ..- rticle 28. Title 30. Colorado Revised Statutes 1973, as amended. for the reason that the division lt,e. i�Ui .':arrant Iurlher subdivision review; and E`- 111111 111111 Mil III Eli III Till 515376 10/22/1997 01:55P 131033 P531 447 2 of 4 R 0.00 D 0.00 N 0.00 GARFIELD CLERK WHEREAS. •the Pericaters have demonstrated to the satisfaction of the Board of County Commissioners of Garfield C •+:'ity. Colorado, that there is a reasonable probability of locating domestic water on each of said parcels stat there is existing ingress and egress to said parcels,. that the location of septic tanks will be permitted by the Colorado Department or Health, that the requested division is not. part of ;m existing or larger -development and does not fall 'within the general purposes and intent of the Subdivision Regulations of the -State of Colorado and the County of Garfield. and should, therefore, be c\empled from the definition of the terms "subdivision" and "subdivided land" as set forth in C.R.S. 1973, • 30-28-! 01 (101 (a) -(d), as amended: and \O\V THEREFORE, BE IT RESOLVED that the division ofthe above described 265.91 acre parcel is hereby exempted from such definitions and may be conveyed in the form of the Parcel "1 and Parcel "2" as are more hilly described above and that a copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. llatcdthis ':t:.:day of Cct.ober. . A.D. 19 97 �Hl'S1: GARFIELD COUNTY BOARD 01 COMMISSIONERS. GAMELD COUNTY, COLORADO Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER MARLIN a - S',1TTH (-Hr.TLulnN . Ave COMMISSIONER JOHN F. MARTIN ,Ave COMMISSIONER LARRY L. MCCtOWN . Aye COLORAI)O Comity of Garfield )ss } 1. . County Clerk and ex -officio Clerk of the Board of -Comity Commissioners. in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records ofthe Proceeding of the Board of County Commissioners for said Garfield County. nmv,in my office. IN WITNESS WHEREOP. I have hereunto set my hand and affixed -the seal of said County, :it Glenwood Springs. this day of , A.D. 19 . 'aunty,' Clerk and ex -officio Clerk of the Board of County Commissioners 1 I11III IYIII 81IIII Ili Hit..; IIMt 111Y1 536351 12/08/1999 09:0Es4 51153 P6i5 n ALSDORF t of 1 R 5.00 D 0.08 GAg,, iELO COUNTY CO • • ROAD II.IPROVEMENT AND MATNTENANCE AGREEMENT A recorded easement and access. of public record, shall scn•iee Cox Parcels and 3. being 51) feet in width and beginning approximately on the NW corner of Cox Parcel G. and along the northern boundary of Patcel 3 in a westerly direction to the NE corner of Cox Parcel 2. From the point of beginning, any gravel cos: shall be shared equally between the current owners of Parcel 2 and 3. to the NE corner of Parcel 3. At the time of development or building on Parcel 3. the owner of Parcel 3 shall be responsible for half 'tithe cost to point of etutt). to such building site. From this point in a westerly direction, Parcel 2 will he soler- responsible for the maintenance, road base, gravel, or pacing of the road. Split and eq,,ally shared costs will only occur if there is a building site in progress- If!'arcel 2 is to build arrd develop first, they cannot be reimbursed for the cosr of the road unprovcments horn I'arcel 3 at a later date. as when Parcel 3 is to build or develop. Nor can Parcel 3 seek reimbursement from Parcel 2 in the same instance. • rr • r !�� Calvip ti. Cox "Paul C. Cox LL` .tut.{ --6 -24__ Marilyn Cox Itoliert`Rlclna:d Bacon • Michelle Theresa Bacon Rw,n tom: , 77.09 C . R . lrx7 CA,. C+-do.1F co 162,3 I i,I III 111111 (Hi1l 11111111181111 BEII 555465 11/17/1599 f11:26P B116 P928 M ALSDORF 1 of 2 R 10.00 D C.ED GARFIELD COUNTY CO Qt 1 I CLAIM OLED 1 WS 131. klk made thas da. rf November . 1999. iCVC a MI C. COX cirri CALVIN H. COX and A. MARILYN COX ar *taion: and 1:ISC' trf COlOrad0 . parlor. J:1.3 7111—.1 D. 1117.7.ER and DEBOBAS. M. 1E11ER P.O. Box 1412, Glenvonoc..i Sprinas, CO 31602 Cetin:$et Garf'dd Slane ofCokrio 4.84MCCI, : li WiT%E.F.S.1111i 1h? firam-. r,,, 3r.,3 in comulcntion of the sum tif TP.:1 DO -1.1 ars. and other Cl..-Dri :1.%.? ....• 3 twit, in '1 consiration . MW.,24737 il -, thr rrvri. pri rIld meh:irra:l. of which:, ninety wknen!et±rc.t. ttai. rind. Aicaltd su:d7..ne. 91.1 I CI A ImED .4:4 't, :Iv ,ic r,..1u,d,,-, '! ,r711ir, fr,rail. s:ii and QUI:CLAIM .ntii tnt- wax:ttiz.,r rein. nt.o.eatiot, 410 assigns forr,r. na-1.111C11211,, .1:i: -.,:-....m..,. 1-1..: in M m i :I in -rum, .0i Mc r-iihz. tale_ intet,st.ciatin iaid du -an.. ',Inch:Fe pan,. tin. in nrcf :o the fr4 prviNTIN IrgCther 341th tracnnetnenct. If any. SOL.er.... erg znihnns; in L.,. . CO -47t: _ Gar'7,1dnn..! State .4 Lel-n7----1. ilen.mte.3 25 hill.<41._ . • 1: A .:on—axclusive easement for an existing electric•line and T-cwer po2c az , i placii anl use rum -1m:: Ebrtheasterly_owr, across and trrov:lha::tc.)ns' - :and fro, tae cis::r.; water wel: delscrihecl in the Quitclaim ir-,X).-.1 recf;rded in Book 865 at page 069 as PI:ception No, 448399 to thc existing Holy Cross Electric Co. power lire which -t!...er. cr.otinues Southerly nit t.c. Cr.-,.1nty Po4.11 19. ai-1 easerient is f -,r r...,= .oFeratiQn—rrainter.a=c, r.:: .-1.:A2 flS,LacIa-tmt'. of said electric ,Iinc a:It.; prmer pole and shall be 20 feet .Aidtt. • 5minm strre: and number aa. alxi Pak:: ntIff,hCr II./ if A% I- 11314(n.t.Ilhf -ui:h a,1 ane ut • .7.r. aoiltzttint v• t-arz:r. zither in . • t Or: oni.t r- alrf rnr kian:ms. nmis A.:E1S• 1 ft:1 t,C7. h: 5inralar numb:: *hail .11.•iluir Pharal. the r:J: Il- cur. 211d :hr ust* o!. eCntkr .1:3 Wn-STSKS% I1F REOF. - t• gra c ext.:AM tins &IA On the tl3te .-, • .• Fa -.11 C. Ccx ()tr. ((11 OH .V;),...) C:1:fill, 01 Gar f lel d trtStr‘rtErl,...1; MT 11Z arlt Yarii7n Cc% - ...,- ...... t••!99 Pt/49.‘. REBECCACI k BROCK / 5 . ;.11 ,a 1..h-n.a. or,Cli - C.t, .....1. \ i.f...,X • /6 ..... C r EtN9 - - a (-Tr • /1. , _ A. Y.nrilyn.,Cox 1" 45-05e_ • - • Nat.g Rev. 443. WI (IAfM!ta a Nrta,. — ▪ Ors.:t. 3 cr -•. . e , • • 1 1:01E1111111111 IIIP!ig 1111111M1111 Hill dill 1111 55541 11/17/1999 0..14P 81160 P924 n ALSDORF 5 of 5 R zs.eo D @.00 GARFIELD COUNTY CO - J l Alli O)1= COLORADO ) ss. COUN f OF C•,.^, 01h t 1 he foregoing instrument w ai at hnowlcdged before me this J _,. day nt. --.1919,lyPaul C.Cox. Witness my hand and official seal. My commission expires: /- aOO 3 •r r Notari Public• • • • — • - Ell 1111 HUHN HEIR III 555481 11/17/1999 01:14P 011E0 P920 M RLSOORT: 1 of 5 R 25.00 0 0.00 GARFliLD COUNTY CO AGREEMENT FOR AMENDMENT OF EASEMENTS 11-11S AGREEMENT FOR AMENDMENT OF EASEMENTS gt-cvnlrut ; is misir bv Paul C. Cox, Calvin H. Cox and. Marilyn Cox, hereinafter "Cox-, v.-1:iist address is County Road 11;, Glenwood Springs, Colorado. 811,01, and Daniel F. Glenn and Karen A. Glenn. hereinafter "Glenn". whose address is 2011 A [pint Court, Glens,. ood Springs. Ci 'In ado. SlC1. 1.XTINESSETI I: • WHEREAS, COX conveyed to Glenn a certain tract uf Ant. an. Att.? in the (...olinty of Garfield, State or C.cdorado, as more particularly described in ;hal ser,aln Wit i.inrDerd recorded in Bok 113,-d ['ie 679 as Reception No. 545817 ,311 %lay l. 19`9. in lite rectnds Ot TiltClerk and Recorder of Garfield County. Colorado. and i'CHEREAS. :lie aforesaid Warranty Dccd further included a 'Jim .111 1...11.-:115:11t 1 Glenn described a-. follows: 1) 9 T(..).3E771ik ItTrii ..v.: .e.to...,;:en! .rnd r;A:bf ,'.;.; .1; icu a::.fg,,, .;,:.: .:.:-:, lg., t•,-..-.-.;r,-,,.fa-.-to&s C...',/t. l'.:•seZ :s./.. ..;.t.!:-.-...; :;.,-,- not-;;;,. t: -..- i bininitap::f.11 5.iiii fa rCel to .1 pu,int ill -Y -0:11y nordlof the -,•i•cil desir:ikii .144:1' .r,:',/ thcnte ! c.:. (or ;1,i: •ii.c-pnriivve pf nia.uaiag al. ia..•, :::. r., -..t--_,; mi... .n.::•zr.m.::,;::: • i -:.-c.:!„:::1 ail 1:nes, .11.74'1 , On 7:4, cIlUni ; kr,' 1 ir:,..: •:; L., , , ay-, ::::-•-•.::,,ic ,;,..:::t.', ! I 'r-i.e' ;0 CO). Pa.. Lei .ss -t,. 6 as .leso-lbca'aboe-t.. - • I i WHEltEAS, the aforesaid W'arranty Deed reserved certain easements to Cox f rorn the , 5. conveyance tO Glenn. one of which easement reservations was descred as f.Alows: 1 r RE.CERt-T\17 TO ( ;RA NTORS thrp,11.?:;-:ng cawmi-au ami r:,:iai.-,,/-7.:./y. i I; .1 nun- ..‘,. -1:(•,•.(- ,i.,,,le,l; .10,1 'wilt II:.vat• (0, ,irk::"...41:-.-i Ni.://ar ai. ci :I.:, ::tfiz!,. ji.er /.1. 5 '! in —.,;:h be•nefittui: Coy PANi, No!,. 2 and ...i. winch ca.,elni..n: si.-all Crif5 (1.0 r 114 Ty' rl N.:. xencrally near the no ra..erly ajr.c.z:it Panel be:gmniat: at Ci ':it;' Rua,/ /15. rbe \i';':g and 1?) plate to 11.1.:, t-! '�!thuy Parcel; WHER EAS. Cox and Glenn have agreed 011survey descriptions of the aforesaid risen:ems modify and supersede the descriptions set forth above and ts ishu. rtduse their agreemen: to writing. 1,1-1—PN :3" : : itr•, Ng, i 4 • ; rt./ f 1 131 I III HIIII 1111111 IIIiIl11111111 VIII 1111IIE 355481 11/17/1999 01:14P 81160 P921 M ALSOORF 2 of 5 R 25.00 O O. GARFIELD COUNTY CO NOW. Tl.1 1E1 1;J:ORE. i:: c••n'itleratiun of Ten L)Ol:.trs ant! her -•r.d and valuable consideration, the receipt and sufficiency of which arc hereby ackno:t•Iedged. the parties do ht•rehv . 'rrr 3S f:rlIOWs: Cox hereby sells and ecnvevs to Glenn, Glenn's heirs, successors and assigns, a non- exclusive easement desk tilled as follows: :\n casement for the put pose of ingress and egress and the install: tan and maintenance of utilities, well and water service line, said easement being situated in Lots 5 and 6 of Section 19, Township 6 South, Range Sb \s: est of the fat is P.M., Counts of Garfield, State of Col,: ado. said casement lying southerly of the nortitcrl3• line of Parcel No. 3 as sllu:vn o:::he- Cox Subdivision Exerrtp,ion Plat as filed 'fur record under Reception No. 515332 ul the records of the Clerk and Recorder of said t .runty, said e.tsenleut being more particularly described. 1v metes and bounds as follows: Brrinnin; at the Northeast curter of said Parcel No. -3 at shown on salt? Subdivision. Exempt ior. Plat. from which the Southwest corner :4 said Section 19 hears S.0'336'36" W. 2935.34 Sect as shown on said Subdivision Exemption Plat. thence S.00''08' i5" \X'. 5C.O 1 feet along; the Easterly line of said Parcel No. 3; thence departing said Easterly line S.89° 13'C1"\\'. 375.:1 feet; thence S-CC'-U,'32"E, 25.52 feet; thence S.S9c 13'CS'\1.'. " fern thence iV. 25.52 feet: thence S.89' 13';:S" \\ . 142.97 tee:^ 'he Westerly terly ane of said Parcel No. 3; thence N.��'Gti'�2"E. :.=•! fre.tit,:t}; said Westerly line to the Northwest corner of said Parcel Nu- 1; thence N.89' 13'15"E. 547.97 feet along the North line of said P.:rcel No. 3 to the Point of Beginning. Said Easement encumbering an are: t': 28.164 square Leet. . Glenn. hereby .sells and conveys to Cox, Cox's heirs, successors anti acsigns..t :too exclusive t.sen:e:nt described at ollow.vs: - All easement for the purpose of ingress and egress and the installation .l::d maintenance of utilities. said easement being situated in Lot 5 °1St-id:an i9, Tna•nthip is South, Range 88 \\'est of the bth 1'.M.. C:uurtty u: Garfield, St.t:c of C:olorado, said casement lying southerly of the northerly :otr ;4 Parcel No..: as shown un the Cox Subdivision Exemption Plat .:s ::kJ for record under Reception Na. 513:32 of the records of the t-:erl: a:: Re.ct,rder of said. County. laid easement being more particuI.u'I : do<; t ;bed .rry metes and hounds as follows: T. :'ase 2 of 4 I l iii VIII Kill nil tl III gid 1111191 3555481 of B': R127??0999 0 D.0014P 131/60 P922 M SDORF GRRFIELD COUNTY CO .Beginning at the Northwest corner ni said Parcel No. b as shown on :aid Subdivision Exemption Pia:, from which the sou:h:rest corner of said Section 19 bears 5.68'36'36"W. 29'5.54 feet as shown •.r, sa:si Subdivision Exemption Plat: thence S.33=DS' 15"\V. 53.01 feet .r:onr; the \C estcrlr line of said Parcel NO. 6: thence departing said Westerly hr.,: N.S9` .3'•:,'S"E. 179:2tr 1cc:: thence ..S7°51'51 "E. 34.2-1 feet; ThenceN.•: :•„' ' E. 53.7;3 ..r the North line of ;aid Parcel No. IN thence N.$7°51'51 "W. 3i.32 feet along the North line of said I'areel No. 6; thence continuing along said North line S.S9'13'CS'\V. 179.7 t :ret t., the Point of Beginning. Sac; Easement encurnoerrnti an area ui 13,709 square feet: {Bearings as recited in the loregoing descriptions are based upon the North line of Parcel No. 3 of said Cox Subdivision Exemption a; be•rrine. N.F9'13'C8"I;. as per s.tid Suhdie'i:i •s .:•',pTiort I'l::r ,vi:It • monument ttion found in the field at the Nor rirwe,t and Northeast corner of said Parcel 3 being a rebar and plastic cap. PLS No. 274291 '1•r the tout• ring anten(la:eats••( :Ire de�cril•;i+as o; t6c st ce ':; c.,:erran►s identified in the :cc tats to this Agreement. all provisions o; tee \\ arrants• I)eed,hai1 be unaltered by this Agreement and arc hereby ratified and rcal:ir:ttrd. SIGNED this day of 4)0 J . 1999. • rl -el 4_4 Paul (:..n :),oriel P. Glenn 1 � Lah•in 1.1. Cox / Karen A. (.31enn ON tilaritsn Cu:. I I101If IIIII IIIlil111 11111 11111111111111 81111011111 555461 11/17/1999 01:14P 01160 P923 11 ALSDORF 4 o; 5 R 25.00 D 0.00 GARFIELD COUNTY CO sT:\TI: OF COLORADO ) ) ss. COUNTY OF GARFIELD) The forcgoinf, ins: rumen: was acknowledged before. me this /1lGtilvr�jY( _, 1999, by 2!t; Calvin 1-1. Cox and Marilyn Cos. Witness my hand and official seal, MY c ::missi n expires: /atelizOo3 STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Notary Public The : reguing instrument a as ackno ,caged . bt furs me this . 1999, by Daniel F. Glenn and Karen •A. -Glenn. lGitnc,. nn• baud all d official .cal. • 0,- commission cxpiresr PRY• AVQ: J SCCA 4- UROCK 'to ' 0,- 4 -OF CO - Pap:4 of 4 • • • 41tV:02' OF COI.ORADO CMNTY OF L., 443 — • Z ....... Z 1.. : !- - ,•1 .... .. . :,.. li.1 ..• j_ C7 Thc fo,cgoing lastrument :vas a;:sti(4 otvfcc,1 e fore nu: this _ ol _._/‘; b!. Paul C Cox. W:iness my hand and official scat. cvitirm,,,iort expires: /- —2 00 3 No4 Pubhc 1 Ell' 11111111111111 1111111111111 1111111111111 11111 555485 11/17/1999 0126P 61180 P92P t1 ALSDORF 2 of 2 R 10.00 D 0.03 GARFIELD COUNIf.O ....... cl (0.1• .`,'/(6(✓/•/7.5'lo/l .1'6.//7pI o/0. //u Prri•rrc_/.ti' of Lcr»rf .57r'ft«l (o in •_5'cc(Ions /9, 20, 2.9, and 1O, 7o/(Ws//'p f,' .5'orrf/i, f?rrnye 88 hest of the Sixth Prtnc�;���rf .IIErzdia (To f/ of Ca fie le of Coforrr.Efo IN•dl T 4•••11.1 >7r• Jr/ 2 /f 40007 -/Ar � T IMn•n.I1. n qq�• I[ J 10.2!1 Ir ro-3r3-• nz4 ASIAN t Co ILS 30 00' 01404 1- ACCL55 2Sal BOUNDARY TRUE POINT OP 7ECINN/N Ta 1.140' 044' SOUTHWEST CORNER SECTION 19 REBAR t CAP P.L.S. 99/81 ( 911[914CID 070 l,.40 70 4 0.S ' AU10MR W •,LS. /27•T 1 JO' 000.6: Sanvorsol CENTERLINE (H ESMT. L • 117,1,7'I C • 14.17121 17321' 41•T0-11 7.1 YT /6•+.I if R.O.. 1 I 1 I I I 1 COX PAR L 9 35.00 A r7ES COUNTY R0.40 715 -__----.1___�___ Saa1r ----------------------- 54"07-50( '404.45'00'[ 2S. °9 16901' D + 579 S7T7'2 I•d 9t" COX PARCEL 92 35.01 ACRES N 88.49'54 T (Baru / Brannyi 0..401 00740(04 74117 0107 .0410.74 01 .18040.4 .1( 74+01 744 0 .741•caaes4 LACUS A/ 0urna COMM CO10000 741 -AR^ Da Cr •7ay . 5 0T 0 .01 .77X5 la! 101 n! wab4� sa.. +aCr cartwm n now w*74..071 407. 007 ORS 4001(00 77A1 00 MT 5 20017 7,07 04 701 51.11CT 70 .10110110 4040 4.411 41.415!401 7!00.004040 A7 TT[ 0174 RR011 cr 107-47-7- cola! v GAMMA. •Tan: ra>w 710471 4 _*1ars comrwa P)r0040 701 4140(1 ATO I0)•1 alto 070 .07 7( 0071TKT O 7w . 400 I1.4511+91T 0 C.0.1„ 3441.101..4. R 501.[3.1 aim A.0 RCa0p1 Lt•T11CAa 7R 7Mnap1 .94 Rr0 RCM A 40 TR CUA R 00.004KdL clew 0100011 a 0004 Ip RarT& .o T t/t it l i ea arje Yai LA /1 010 RCa41 (� 50.040'4 m61n*12 00, 006,6.. 0 0K 1 40 4774 SSTT� a•Caa , MACAT V /LAT y 17740. ftCTSRACO LA. 1r� aT7744A COX ' T 2414!10 RAT. AS LAO a1T. 0uTR0. RDGa0 Ara 0osT • a :• 50770014)1+ CAT2RLT0740T9AR 0[ LOCAT*1a1L 0.40 O40 40 107 (013 405(.1040 mar 10 s0R1T1 40 se. 5714055..1 AS •4 fog na 370100 L49) 7( 04000 0. C6/L•A'r:C 094170111R0M70a 00440470 Tat 40/"05501 Or (MID 41 ID(•7 7010 >ZAL TNS_ ,, • DA, eI .___ L/1.f/ BTAB/NC L l S B3 65638" 25 S .A'1i35' T 22 20000O4 B/STANCE 15. 130. E9. 91. 55 37• J /+r^401.47- n tu...r 7.•+ 2-. ••v7- r.nw••••e. fin, M •• 6 11111 n• 7-.q M!![I.wl zw MlSr/ u A11.r +t+4r2 M .r ..•7-o I•.4 0•0•0 5111• A• J.h y •••ryxrw .r •.0)6••••••• "".' f1� 0° //^Il 21.4.474•. 5E8510' CFNTERL,ITE DITCH ESM!. D . 19-r••03- • 9'2.33• 1166.13. C • .1./3351.1 t42zr a . 11,1403. 37 • • 945 •r rol • 19362' COX PA)RC£L 83 35.01 ACRES 7-747- - DITCI► 6S. T Ii • 00-29-00-29-5.0.29 "A 40 6.47- � � IL�In14 c • 1N1•zrlrl •••••,3-0., 1'9>J • 12.44-51• • '1011• zs. 12.10 COX PARCEL 96 EXEMPTION 78.85 ACRES 74*710171 / NC' 0,7 r /If, -/ 18 "7,-1,11 1 I t�?? \ •I. as • lz3r.l• t>S 01. 1.•00109• 1 4021 L In l C 173.1 x•1 3`45 1 • 7-2117► 1406' M l • CA' C • 173•.rzz•C MC. • • 9003- • 310- T31r C • 40.•13440 0101' COXI ARCEL 97 36.•'4 ACRES DIT(/( 19 T x 727 ' I ▪ W., 131• 501 7, 1§ VIA 1 \I COX PA CSL 36.92 crel newel w 7.9•+111•I1•�0�sr \'?/'';‘'."171'471 J T49•N'10.2 M•9 ttwb n/r•nNw# \ I I1• 3]111' 0' 200' 500' ROO' Seals• f' .6 907 /n! I'.c' nzty k'ap (NTS) S41.01.0t 107* n 1r•nr z IM.sr COUNTY ROAD 779 71!!0.5.'[ 5x.2.' /- v .4. 4 LI • 41'30'27' J 177641' L • 511112. C • SIr•464C `1♦ ------- 0.0.0 REBAR __-/JIU REBAR & ALUM C. P.L.S. 976835 (,•RYwusm 7-4 lncx((� • 17- "0740. o1r 7-.L:%212 A MAIM 7123- •1. 44 •tt,\elf J 71 1 \ L 6 - OVA."... •• 1201W L - TStf C • 00•6e1y 019• COX 35.81 0e. e 11111111111 11111 I11I 1E111 11 Hill N1111111 I� ! 941816 0'5/19/1989 01:00P 81130 P677 M ALSDORF • 7 of 8 R 41.00 D 0.00 GARFIELD COUNTY CO Exhibit A-1 Parcel # 3 Property Description A parcel of land situated in Sections 19 and 30, Township 6 South, Range 88 West of the Sixth Principal Meridian, more particularly described as follows: Beginning at the southwest corner of Section 19, Township 6 South, Range 88 West of the Sixth Principal Meridian; Thence North 68°36'36" East 2935.54 feet to the True Point ol'Beginning; Thence South 89'13'08" West 547.97 feet; Thcncc South 00°08'42" West 1018.65 feet; Thence South 1 1'0.2'15" West 1150.17 feet to a point on the Northerly right-of-way of County Road 119; Thence along said right-of-way South 50°37'43" East 228.04 feet; Thence continuing along said right-of-way on a curve to the right having a delta of 08 °20'59", radius of 2619.15 feet, are length of 381.69 feet with a chord of South 46°27'13" East 381.36 feet; Thence leaving the Northerly right-of-way of County Road 119 South 90°00'00" East 330.60 feet; Thence North 00°58'24" West 966.83 feet; Thence North 00°08'15" East 1595.71 feet to the True Point of Beginning. • 1111!111IIIi$91111I01 I�IIiI 3E1151111E igil 535352 11/15/1999 03:12P 81150 P563 1 AL5DORF 1 ;,f 2 R 10.00 D 8.00 GARFIELD COUNTY Cp HOLY CROSS ENERGY RIGIIT•OF•WAY EASEMENT !:NOt1' ALL MFN HY 1 MESE PRESENTS. that the undersigned, PAUL C. COX. CALVIN II. COX, AND MARILYN COX ,nereinaher called "Grantors'). for a good and valuable consideration, the r'( rt:'t whereof is (i'•reby:Icknow'adg.•,J dr; oereby grant unto I IOIy Cross Energy, a Colorado corporation whose post office address i•. P. 0 !)rawer 21%0 . (,Brave err( ',wings, Colorado th,_temafter called "Grantee') and to its successors and assign:, the right of ingress and egress across lands of Grantors, situate in the County of Garfield. State of Colorado. described as follows A parcel Of land situated in Section 19, Township 6 South. Range RS West of the reit P !.1 as more folly described in book 71:,S at page 72S, book 940 at page 825, and hook 23; at page 417 ^,f the Garfield County Courthouse. Glenwood Springs. Colorado. And. to construct reconstruct. enlarge• operate, maintain and remove an electric transmission or distribution line or system, within the above mentioned lands• upon an easement described as follows An easement twenty (20) feet m width, the centerline for sald easement being a power line as constructed, the approximate location of which upon the ave described property is shown on Exhibit A attached hereto and made a part hereof by reference, !t is agreed that down guys with anchors can be installed outside of the twenty (20) foot easement the rights herein granted specifically allow Grantee to install additional poles, down guy; with anchors, overhead conductors and,'or related facilities within the easement described by the attaches) exhibit. Additional down guys will: anchors may also be installed outside the twenty (20) foot easement. And. in addition, Grantors hereby grant to Grantee, and to its Successors and by machine work or otherwise, with.n said easement, and the further right to easement. which aro ta'1 enough to strike the wires in falling - i ranters arrne that all poles, wire and other facilities installed by Grantee on p'operly of ;;rantee, and sh ill he removable at the option of Grantee Grantors covenant that they are the owners of tho above c(escribed !ands and encumbrances and liens of whatsoever characte•, except those held by the fo apoertaining ;hereto, unto Grantee h$ SUCCeSSnrs and assigns, forever. assigns, the right to clear all trees and brush, rut trees, even though outside of said the above described lands, shall remain the That the said lands are tree and dear of flowing• TO HawAND TO HOI D. said right of•way and easement, together with all and singular the rights and privileges IN WITNESS WHEREOF, Grantors lave caused these presents to be duly executeno this (QNrt d-hi:_�f day .� P TIl21 cpx.. (- STATE Of �_.r•1�:_) COUNTY OF i M, ) ss. ALVIN H. COX ! 4[rf� . ILYN CU M The for-goir'grrnstrument was acknowledged before me this, •• by PAUL C COXday of •/ (:y. ' 1TNESS'rpv hand and official seal. fay commission pirp(res' 1 I SIAFLOE - COON I Y O) Not Adc rl _ • _'I +A 1.1 - I pub!'{---- — -- ess: , The foregoing instrument was acknowledged before me this 2 / day of -7(-7110 e CA1 Vie Ff COX. ; fl NTSS my hard ane official sea). My commissrcn expires 1 lG_i1! tiil 0) —it J :S Sal4OOo e°•p T A R y:/7. lis '', ref ... 'o.'t• 'x'1,4,. kiiiil�vo.,.:` _ T! t' reyo.r, instrument was .,..knasslydged E'r(_re the this 2 / _day of q woq e 7 / 99. by MAR IYN l'Ot `\p\SII,",111l11r, rTf:FSS my (.,n; anti off,: ` E -.L ,q 7 t71 commission expire; Z/ _ - 3 • -0-�� t y Addtess.-'LiLt/4'.r ,y?UDL\G �, ,,�IOFIC„ ; �, ass -: Notary Pubi .r, , Address: -1-64z1M4 14% rPt A jr i • 1 .• 1 / ,1Ir. . - :, • I , '.1) \ f A A P <. . I ir N -.• 0 ., i ,, • • •'- 1/1 : i ! / -• r- •t• Al '.. ''. . ., 1 1 WI 6'qu.3aJti /./ , % . . • Ii1,% t\ II ',. 1ii zIts. I- L T.; 1.1 1 , ( N I t .1--.....i....._ ---4 . -1 ....... 4..-. --.., / ' ,, z" / • i 1 1 i f % : ...? (::, ::. ,,-• ___‘,_ i I 1 i:1,.:0-, - • AI, : I 1:'' ) r,. n _..._ 1.11 I f". > ;11 • 1 . '.. • I i ..• :•:j ( .1 I I . .. I ' • ' r. :2F 1 i ' 1. 11 il ) / ; 1 I 1111111111111111111ll 555389 11,1511999 33:12P 81160 P584 M ALSDOKF 2 of 2 R 10.00 D 0.20 GARFIELD COUNTY CO • - ' 104i "w44g7 " It 0 C)(1) .-1 C1-) (1, x42/_ =1x43.9 • #124340 • Correct: Wm. Bell R. 0. W. ligont. \`'6)-S RIGH'. OF WAY Approved.: Approved: n. F. Curtis A. 0. Uu.n.~ State worst. Engineer. State .'lent .Superintendent. $10.00 RECEIVED OF DIE MOUNTAIN STATES :T'_.L"IPH0!JE alp T0L'3GR _FII CO.T .r and no/100 Dollars and other good and valuable consideration in consider: ;,ion of which I hereby Oren ; unto said Company, its successors and assigns, the right, ?nrivilc e anad eutbori_ty to const10 onerate and maintain its lines of Tele hone and Te7.c•^rash including the necessrr-.r undergr dill conduit, Holest cables, wires and fixtures upon, over and across the property ::which I own in which I have any interest, in the South Eost :;unrter of Section Seventeen (17) Toanshin' Six (.6) South, Range Eighty-seven (87) West of Sixth (6th) Principal LIeridio.n. (;1 County of Garfield and State of Colo and uaon and along the roads, streets or highways adjoining -Cie said eronerty, With the right to hermit the ett' chase' of the wires of any other com�•:n.ny, said the right to trim and remove any tre.'s visng said lines so as to keep the wires cleared at least forty-eight inches, to erect nnd sat the necessary guy and bra poles and anchors and to attach thereto the necessary guy wires Said suns Dein; received in full naymert therefor. Witness my hand >nnd seal this 19 day of ISI.o A. D. 1936 at Curbondnlo Colo. *Witnesses: Ism. Dell Otto_Le_erly _. ..( `=EAL) Land ginner No officer or employee of this Comnanv is authorized to rrenure rn receipt to a voucher, exeunt upon -'net.=m,_nt of its amount, end the COITAIT hereby awes notice, that: if this voucher is signed without erlyment being mode, it is done it the GI'_..02'3 O;IId u . I 'I� The Denver Grand Junction- Salt Lake Toll Line. FILED• ; 1:. _.].:CDD JU1'? ., 1 0D, ,., 13:18 o'cl ech A. M. '&1ter '&1t_J. _'rrr , Rccor er o: C0.. s. S. Keee-n, Oeeu%'- Correct: RIGHT OF WAY Approved: A proved : Wm. Bell B. F. Curtis R.O.W.iv'eat State Const Engineer A. V"J. `toiirp •St`•te ?Tont Surerinten'1ant. $10.00 RECEIVED OF THE iMOU'NT.'.II' ST. S `l'EIEr'I(O1•J :.ND TELEGRePH CC. Tnn nnd no/1^0 Dol.lers : ! in consideration of which I hereby grant unto said Comas^n, , its Successors nue ..'ssirns, tA$ right, privilege and authority to construct, oxer t=, ,nnd n:r1ntein its li.nes of Telephone and Telegre.nh, including the necessary undereronnd conduit, poles, enol es, wires eel fixture upon, over and across the '1ro'ert'r which I own, or in (;Ili.eh I h ire, any interest, in the Lots No. Five (5) Six (6) Seven (7) end richt (F') in North halt' of tri? Southeast ounrter of Section. Nineteen (19) and lots Three (3) end Four (4) in the North half of the South West eeerter of Section No. Twenty (20) ell in •Townshi-, Six (6) South, Rene Eighty Eight (88) West of Sixth (6th) Principal Meridien Counts of Gerfinl9. •n.rd State of •Colorado. end. anon and olong the roads, streets or hi'•hwo rs adjoining the said nr. onert-r, with. the right to -'erm,it, the attachment of the wires of any outer comnuny, end the right to trim env trees along said lines so as to keen the wirer, cleared at lent, fort.' -•eight inches, to°? erect and set the necesserir gun and brace poles prig anchors £nd to sttrch thereto the necessary guy wires Provided said Telenhoro end Teleerenh line be located est bli.she!1. An( meintein.ad al onr the course es now surveyed Said sum being received in full nnyciont therefor. Witness my hand end seal this 9 I � i' y � . cGlenwood Colo. 1 t.I 3^ •r U. 1'.I^•* D. 1J,n3 at G1=Inti• n : nr'^ Witness. hm. Bell (SEAL) Lard "owner No officer or employee of this Comranr is euthori:ed to -procure n r.ecelnt to a voucher, except neon n("•-rnt of its amount, end. the Oomncr-; hereby ,rives notino, tent if this voucher is signed wilitiout novnlant being (rade, it is done et the SiGTJOR'S OWN RISK. The Denver Grand Junction Salt Lake Toll Line. pec rd June 29, 193S, , 8: 'd' o'olcc:i: A. ee J. 1T.e. _ Ren.e. .,r.. Mr. Craig Richardson 8/19/08 County Planner Dear Mr. Richardson Please find attached two owners of Parcel 6, The Glenns, and we The the Cox Exemption. I hope this satisfys the requirements for our ADU submittal. Please contact us if any additional information is required. Tim and Karen Trulove 970- 319-8576 copies of an agreement between the Truloves, the owners of Parcel 3, of RECEIVEIsP AUG 1 9 2008 GARFIELD COUN Y BUILDING & PLANNING 18/14/08 THU 07:30 FAX 9709452409 PERMANENT riU1LVtr« Inv Amendment: Common Well Covenants Cox Parcels 3 and 6 Garfield County, Colorado 8. Water Use Restriction Water from the common water system shall be used to serve no mare than one single family residence and one guest home on Parcel #3 and one single family residence on Parcel #6 and irrigation of not more than one half (112) acre of home gardens and lawns on each parcel. Any use of water from the common water system except as herein expressly provided is hereby prohibited unless otherwise provided in a written agreement executed by all of the owners of all of the above described parcels. Signed on this /7 day of August, 2308. Original Owners ,e, aul C. Cox Parcel #3 Parcel #6 State of Colorado County of Garfield Subscribed and sworn to before me this New Owners Timothy R. Trulovo en L. Trulove Daniel F. Glenn 019V2(2.44.-.1) Karen A. Glenn ay of ust, 2008. My commis ori expires: 7/9/2011 Form N.. GWS-I I 8/2007 STATE OF OFFICE OF 818 Centenn Phone - Info Fax: (303) 8 COLORADO THE STATE ENGOINEER al Bldg., 1313 Sherman St., Denver, CO 80203 (303) 866-3587 Main: (303) 866-3581 6-3589 http://www.water.state.co.us For Office Use Only REC VED® e`. <'' RE + JUL2 4 2008 JIL 2 ' '08 CHANGE IN OWNERSHIP/ADDRESS CORRECTION OF THE WELL LOCATION WATER RESOURCES STt. E`,G,niFER yy',TEtc i:L0.,�",,` ENGINEER Review instructions on the reverse side prior to completing the form. STATE Name, add r s and phone of Iv person claiminq, �ownership of the well: Aiet NAME(S): /IF1[i%`112 c-GIR_roN i 7Cotcee• A, G I- ilt\ i7 Ti- r./Gi.'C-1:,c! AA':,,y.,-, / 7:eat/Ct.c Mailing Address: j/ 5'"L, c iz... ,i' City, St. Zip: 4, 1 / l Phone (12‘.1),,i66:,-: 959q This form is filed by the named individual/entity claiming that they are the owner of the well permitted as referenced above. This filing is made pursbant to C.R.S. 37-90-143. WELL LOCATION: Well Permit Number. 22 n 4—L--c- Receipt Number. , t 5' / 5 . County G'fr- t' /d Well Name or # (optional) (..--%r 6,i. i.'/! - V / ' b-:: t' C L-' A7)./ 6 7. (Address) f (City) (State) (Zip) 0/4 of the 5 t 1/4, Sec. / f Twp. ((- 0 N. or S., Range Pr1 0 E. orp W., rr Y . P.M. wl Distance from Section �.ines: it CC Ft. From 0 N. or I, S., / :5'.5--C' Ft. From c-E. or 0 W. Line. Subdivision Name Lot , Block , Filing/Unit The above listed owneks) say(s) that he, she (they) own the weIli described herein. The existing record is being amended for the following reasons: • Ni Change in name oti` owner] Change in mailing address 0 Correction of location for exempt wells permitted prior to May 8, 1972 and non-exempt wells permitted before May 17, 1965. Please see the reverse side for further information regarding correction of the well location. 1 (we) claim and say that I (we) (are) the owner(s) of the well described above, know the contents of the statements made herein, and state that they are true to my (our knowled• e. igngtur sof neW ow r leaser print the Signer's Name 4 Title Dateil7/ -7_ I Z. 74,4 f I:. -7)v-7)i- l -..i„ , ,.' \ „c.c._ re 7,-u/'h' 7•.-/2-i71 _ It is the responsibility'bf the new owner of this well to c.mplete and sign the form. Signatures of agents are acceptable if an original letter of agency signed by the owner is attached to the form upon its receipt. For Office Use Only ASLCHANGEAi�Dikt:;1IN OWNER 1P CGNDZEPTEptt � . AMAl (J,- •O State Engineer By Date 1) This well shall be us permit does not ass owner of a vested w 2) The Construction of approval of a variant Installation Contract 3) Approved pursuant that portion of the SE 6th P.M., Garfield Cc 4) The use of ground w family dwellings, the domestic animals. 5) The maximum pump 6) The return flow fron non -evaporative typo 7) This well shall be co ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT COMMONS OF APPROVAL ;d in such a way as to cause no material Injury to existing water rights. The issuance of the ire the applicant that no injury will occur to another vested water right or preclude another ater right from seeking relief in a civil court action. his well shall be In compliance with the Water Well Construction Rules 2 CCR 402-2, unless e has been granted by the State Board of Examiners of Water Well Construction and Pump irs in accordance with Rule 18. o CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 35.01 acres described as 1/4 of Sec. 19, and that portion of the NE 1/4 of Sec. 30, Twp. 6 South, Rng. 88 West of the unty, being more particularly described on the attached exhibit •A'. iter from this well is limited to fire protection, ordinary household purposes inside three single irrigation of not more than one (1) acre of home gardens and lawns and the watering of ng rate shall not exceed 15 GPM. the use of this well must be through an individual waste water disposal system of the where the water is returned to the same stream system in which the well is located. istructed not more than 200 feet frorn the location specified on this permit. Form Nc). GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennl Bldg., 1313 Sherman St., Denver, Cobredo 8Q203 (303) 888-58 LIC WELL PERMIT NUMBER 192565 DIV. 5 CNTY. 23 WD 38 DES. BASIN MD Lot: Block: Filing: Subdiv: PAUL C & CALV1 H & A MARILYN COX 3154 RD 115 GLENWOOD SP INGS CO 81601- (970)945-5306 PERMIT TO CONSTR APPROVED JD2 Stab Receipt No. 0394198 A WELL APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 SE 1/4 Section 19 Twp 6 S RANGE 88 W 6th P.M. DISTANCES FROM SECTION LINES 130 Ft. from South Section Line 1250 Ft. from East Section Line Inver DATE ISSUED JAN 2 4 1996 8Y EXPIRATION DATE JAN 2 4 1998