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HomeMy WebLinkAbout1.0 ApplicationAPPLICATION RECEIVED AN 2 8 23U1 Special Use Permit GARFIELD COUNTY PLANNING DEPARTMENT 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Telephone: 970-945-8212 Facsimile: 970-384-3470 RECEIVED AUG 2 8 2DQ1 Submittal Date: Base Fee: $400.00 Applicant: GL tr 1/ Q ✓1 61 rlP f i l r Address of Applicant: b2o6, p I,ot.i Li Telephone: CtA-Fon wood Curborolaie , GD $Icrc 3 ( l cam , Special Use Being Requested: C CeS� of d We \\ v15 o,,A Sv.kbol,05)0 Zone District: t l Size of Property: 7, 14 (2.G Application Requirements: These items must be submitted with the application X1.) Plans and specifications for the proposed use including the hours of operation, the amount of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size of any existing or proposed structures that will be utilized in conjunction with the proposed use. Please submit this information in narrative form and be specific. j If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information including a water allotment contract or an approved water augmentation plan. 3.) A map drawn to scale portraying your property, all structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4.) A vicinity map showing slope of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. 5.) A copy of the appropriate portion of a Garfield County Assessor's Map showing all public and private landowners adjacent to your property. Include a list of all property owners and their addresses. 6.) Attach a copy of the deed and a legal description of the property. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. 7.) For all applications pertaining to airports, the oil and gas industry, power generation and/or transmission industry, or any other classified industrial operation, you must submit an impact statement consistent with the requirements of Sections 5.03, paragraphs 1 thru 3; 5.03.07, inclusive; and 5.03.08, inclusive. The consideration of this proposed Special Use will require at least one (1) public hearing for which public notice must be provided. The Planning Department will mail you information concerning this hearing(s), approximately 30 days prior to the scheduled hearing. You will then be required to notify, by certified return receipt mail, all adjacent landowners and publish the notice provided by the Planning Department, in a newspaper of general circulation. Both these notices must be mailed/published at least 15 days prior to the public hearing. The applicant shall bear the cost of mailing and publication and proof of mailing and publication must be submitted at the time of public hearing. The information contained within this application is complete and correct, to the best of my knowledge: � qp_3qc, Applicant: � �, , t! 2;t�ts� ✓i/-tLDate: NOTE:***Please submit th/ee (3) COMP sets of application & supporting information at submittal. Additional copies will be necessary when application goes to the Board of County Commissioners and/or Planning Commission. • GARFIELD COUNTY BUILDING AND SANITATION DEPARTMENT Permit N° 3 6 7 4 Assessor's Parcel No. 109 8th Street Suite 303 Glenwood Springs, Colorado 81601 Phone (303) 945-8212 INDIVIDUAL SEWAGE DISPOSAL PERMIT PROPERTY Owner's Name i I System Loca f l Present Addres 0 This does not constitute a building or use permit. Phone --2 7 Legal Description of Assessor's Parcel No. SYSTEM DESIGN Septic Tank Capacity (gallon) Other Percolation Rate (minutes/inc Number of Bedrooms (or other) q Absorption! �� r)� OP Required Area -See Attached C� J Special Setback Requirements: 7r -I S .,., 4 tit S / Z-4^ Date Inspector FINAL SYSTEM INSPECTION AND APPROVAL (as installed) Call for Inspection (24 hours notice) Before Covering Installation System Installer Septic Tank Capacity �C�L�"✓✓�' Septic Tank Manufacturer or Trade Name Septic Tank Access within 8" of surface Absorption Area Absorption Area Type and/or Manufacturer or Trade Name Adequate compliance with County and State regulations/requirements Other Date g.2-109^ Inspector RETAIN WITH RECEIPT RECORDS AT CONSTRUCTION SITE *CONDITIONS: 1. All installation must comply with all requirements of the Colorado State Board of Health Individual Sewage Disposal Systems Chapter 25, Article 10 C.R.S. 1973, Revised 1984. 2. This permit is valid only for connection to structures which have fully complied with County zoning and building requirements. Con- nection to or use with any dwelling or structures not approved by the Building and Zoning office shall automatically be a violation or a requirement of the permit and cause for both legal action and revocation of the permit. 3. Any person who constructs, alters, or installs an individual sewage disposal system in a manner which involves a knowing and material variation from the terms or specifications contained in the application of permit commits a Class I, Petty Offense ($500.00 fine — 6 months in jail or both). White - APPLICANT Yellow - DEPARTMENT 1 KEN QaallEalb • GLENWOOD SPRINGS, CO March 16, 2002 Berry Till 206 Cotton Hollow Ln Carbondale, CO 81623 Attn: Berry On March 14, 2002 a well test was conducted on a well on the Till property on 206 Cotton Hollow Ln. The following information was obtained; Well Depth Casing Size (top) Standing water level Total test time Drawdown to Production is greater than 190' 6" 163'- 2-1/4" 4 Hrs 163'- 6-1/2" 11 GPM This test was conducted with Existing pump and equipment. The well recovered back to 163'-3-1/2" in 5 Min. This well will produce 15840 Gallons per day. This well will produce enough water for two residences. If you have any questions please call me, Raun Samuelson at 970-945-6309 Sincerely; Raun E Samuelson Samuelson Pump Co. P.O. Box 297 • Glenwood Springs, CO 81602 • (970) 945-6309 • Fax (970) 947-9448 Water Systems • Sales, Service & Installation r Evergreen Analytical X Laboratory • • April 09, 2002 BARRY TILL BARRY TILL 0206 COTTON HOLLOW LANE CARBONDALE, CO 81623 Lab Work Order: 02-1574 Client Project: Home Water Test Dear Barry Till: Enclosed are the analytical results and invoice for the samples shown in the Laboratory Work Order Summary. Except for subcontracted analyses, the enclosed data have been reviewed for quality assurance. A case narrative is included to describe any anomalies associated with the samples or data. EAL will dispose of all samples one month from the date of this letter. If you want samples retumed, please advise us by mail or fax as soon as possible. A copy of this project report and supporting data will be retained for a period of five years unless otherwise advised by you. A document retrieval charge will apply. Thank you for using the services of Evergreen Analytical. If you have any questions concerning the analytical data, please contact me. Direct other questions to Client Services. Sincerely, Carl Smits Technical Director of Chemical Analysis This report contains a total of pages including the cover letter. Evergreen Analytical, Inc. 4036 Youngfield St. Wheat Ridge, CO 80033-3862 (303) 425-6021 FAX (303) 425-6854 H 11 II � x� 0 0. ap _H ; rl0M - O 1 u Ilea,- i re,- . fel 1OHC HO. - O4 2O0 m.". 2G noon On - 6OPM ISO1 3 333 U w f. CDCE • C.) «:<< 1.161 CC ^1r17! X 031 c, U U W Cr' O L".'-4310.731-:1-I-f.l HP:f-ll 1' I I (:r•+1 :1 1,.117. _ :�EI't+ }f} htsrr�If �f c�5 + tl .. 4P 4• li 3:;3.1.,,, :;. Fk: fig"' ! .%,!,-:. t i,r �: .p "!>�.:ir ,Y ! Iii +Sr3 •i�. s ! 4f i I i1 E + Ii' yi 4. r 1 it ,3-1 I t + Y, �: 'ag. p. P 3 .'s � al-t r r. j•re yg1 1, ,a it• ^�!�S tt; k lll'��'� \If # P$4 iia, !kr j,, 1•($ g v Il II 111 Ng i IN 41 NM .. , .„......\;,._1 _ ft, !,r _. , y ti►C Heikki ......„, L,., Tit.aoeatL, 1 L�lii d4,. W , - j. m - , wlU i pro sla;ow r,!; a ori . • S;F• --- w�a�cai 14* ". �� 11111.11 MIMI Ill CC COlir, CI)r.,,,,, 'RL �sr - -----• , ... ,, `7-.. (�ifSJltoJ :+� �W/ .1 +Io zi i levo i ----_ —__ 1,`11 –'�_ �---- LOR Wd,11 r 1341) �o9/I Zb8 Y4.1e icill t ill 11111111t � s, "Mil { eurvuoados rod ter_�x sv 01a •� D) Peg hUD OBPIJI163,� (('--.: -. .,: _— Zg' X76_7901 h'e't1/Jaa ?f �` :gy _ .... • - x. X41, + ' bROLVS' it t i / O&P ^13 / IC / JIV t Plod / IPS • ea .:F.v.: ---- - uunwc)la(1 . , .......("J val113lgli/ 84'WON .iRA+L 5fDUlbluo7 Jo • IN cf. I... , w al �� g COd) k,41 W r i Z .. c L> Al t: m U osisleil a. m ii fltii w1 -.1, N z • • Evergreen Analytical Laboratory Date: 09 -Apr -02 CLIENT: Barry Till Project: Home Water Test Lab Order: 02-1574 CASE NARRATIVE SAMPLE RECEIVING Samples were received in good condition within method specified holding times. Custody seals were present and intact. Samples did not require preservation. The temperature of the sample(s) upon arrival was 6 °C. JD CLIENT SERVICES The COC was not received with the samples (a COC was not provided to the client when the bottles were shipped). Therefore, while waiting for the client to call back so a COC could be sent and filled out, the coliform sample expired. The client is aware that the sample will be run out of holding time. AKD GENERAL CHEMISTRY There are no anomalies to report for this work order. The anion result is reported as nitrate (NO3). That result equals 3.5 mg/L as nitrate -nitrogen (NO3-N). The drinking water limit for NO3-N is 10 mg/L, or 44 mg/L as NO3. CMS 1 of I 0 CHAIN -OF -CUSTODY RECORD ca •Jd >1 x CC , • o •0 o0 � C C v u • ta co 5 72 bD )'ry e Phone: (303) 425-6021 (303) 425-6854 Subcontractor: 26 -Mar -2002 C'7 CN 0 0 - 0 N o -Jo U co a Q) Q — 0 • CO N LJ- -J J 0 0 a) a) O m J 0 0 a) E y 02-1574-01 B • Results Required By: 4/9/2002 Direct your questions to: Carl Smits SPECIAL INSTRUCTIONS Rush Services (For extra fe Please FAX and mail results to: Method of Shipment: Received by: (Signature) Relinquished by: (Signature) Relinquished by: (Signature) PR -05-2002 03:11 PM ADAMIliAB To: Carl Smits Evergreen Analytical Inc. 4036 Youngfield St. Wheat Ridge, CO 80033 Methods: Sample Identification 02-1574-01B 30339.15 Adams Laborat ry 1570 Roslyn St. Denver, CO 80220 P.04 April 5, 2002 Sample Receipt Date: 3-27-02 Time: 8:55 AM Sample Analysis Date: 3-27-02 Time: 9:20 AM Analysis Completed Date: 3-28-02 Time: 10:00 AM Sample 1D: 02-1574-01B Analysis Results Samplc Collection Total Coliform Date Time mF/100m1 325/02 NTG < 1 (Absent) Standard Methods for Examination of Water and Wastewater, 19th Edition. 9222: B. MeltMbrane Filtration Date Sampled Date Received Date Prepared Date Analyzed Evergreen Sample # 02-1574-01 EVERGREEN ANALYTICAL, Inc. 4036 Youngfield St. Wheat Ridge, CO 80033 (303) 425-6021 : 03/25/02 : 03/26/02 : 03/27/02 : 03/27/02 Client Sample I.D. Home Water Test lef.),/41 / C__ k Analyst Analysis Report Client Project I.D. Lab Project Number Matrix Method Total Suspended Solids : Home Water Test : 02-1574 : Water : Standard Method 2540 D <5.0 mg/L Approved • Evergreen Analytical, Inc. i 4036 Youngfield St., Wheat Ridge, CO 80033 (303) 425-6021 Nitrate Anions by IC Method Number : E300 Client Project ID : Home Water Test Date Received : 03/26/2002 Lab Work Order : 02-1574 Date Prepared : 03/27/2002 Units : mg/L Sample Sample Analysis Dilution Sample Reporting Lab Sample ID Client Sample ID Matrix Date Date Factor Result Limit 02-1574-01C Home Water Test MBlank Water 03/25/2002 03/27/2002 1 15.6 0.25 03/27/2002 1 U 0.25 Definitions: U = Undetected at the reporting limit. Approved 4/1/2002 4:45:27 PM GARFIELD COUNTY Kenneth Longsine Building Inspector Building & Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 (303) 945-8212 INDIVIDUAL SEWAGE DISPOSAL PERMIT PROPERTY Owner's Name Barry & Jane Till System Location i AND SANITATION DEPARTMENT let Suite 303 tgs, Colorado 81601 103) 945-8212 Permit NE 2 2 0 3 Assessor's Parcel No. This does not constitute a building or use permit. 945-5288 Present Address 3335 Road 113, Carbondale phone 0206 Cotton Hollow Lane, Cottonwood Hollow, Lot 9, Carbondale Legal Description of Assessor's Parcel No SYSTEM DESIGN /'1 it - /000 t/000 Septic Tank Capacity (gallon) /0 Percolation Rate (minutes/inch) Required Absorption Area - See Attached Special Setback Requirements: /—?y' Date yt/ fys'Hli!t Hr Other Inspector Number of Bedrooms (or other) 3 X V T 677-X3/E� lJ c = •97 FINAL SYSTEM INSPECTION AND APPROVAL (as installed) Call for Inspection (24 hours notice) Before Covering Installation -r-Vo %; roil- D,w, v C MM \-7: 5 ',F".- 46 of -eyrie; / /3'for 370,-- i1i1 .:.4 r' i-7/7 teil T/lierr:� ,j'02 4"--/6Pc 6-2 System Installer Septic Tank Capacity Septic Tank Manufacturer or Trade Name Septic Tank Access within 8" of surface Absorption Area Absorption Area Type and/or Manufacturer or Trade Name Adequate compliance with County and State regulations/requirements Other Date Inspector RETAIN WITH RECEIPT RECORDS AT CONSTRUCTION SITE *CONDITIONS: 1. All installation must comply with all requirements of the Colorado State Board of Health Individual Sewage Disposal Systems Chapter 25, Article 10 C.R.S. 1973, Revised 1984. 2. This permit is valid only for connection to structures which have fully complied with County zoning and building requirements. Con- nection to or use with any dwelling or structures not approved by the Building and Zoning office shall automatically be a violation or a requirement of the permit and cause for both legal action and revocation of the permit. 3. Any person who constructs, alters, or installs an individual sewage disposal system in a manner which involves a knowing and material variation from the terms or specifications contained in the application of permit commits a Class I, Petty Offense ($500.00 fine — 6 months in jail or both). Applicant: Green Copy Department: Pink Copy DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO 109 Eighth Street, Suite 104 Glenwood Springs, CO 81601 A COURT USE ONLY CONCERNING THE APPLICATION FOR WATER RIGHTS OF: BARRY TILL, JANE TILL, MARC BASSETT, ERIN J. BASSETT, ALLEN M. HARRELSON, III, TERI HARRELSON, RUSSELL E. FRITZ, PAM FRITZ (F/K/A BELTRAMO), STEPHEN M. HEINIG, KAREN ANN OLSON, ARTHUR O. FORBES, AND JANICE K. FORBES in Garfield County, Colorado. Attorney of Record: Sherry A. Caloia, Esq. Caloia & Houpt, P.C. 1204 Grand Avenue Glenwood Springs, CO 81601 (970) 945-6067 945-6292 — fax email: scaloia@sopris.net Atty. No. 11947 Case No. 2000CW136 FINDINGS OF FACT, CONCLUSIONS OF LAW, RULING OF TIIE REFEREE, JUDGMENT AND DECREE The above -entitled Application was filed on July 28, 2000. An amended Application was filed on August 3, 2000. The Application and Amended Application (hereinafter "Application") were referred to the Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court in accordance with Article 92, Chapter 37, C.R.S., known as the Water Rights Determination and Administration Act of 1969, as amended. The undersigned Water Referee, having made such investigations as are necessary to determine whether or not the statements in the Application are true, and having become fully advised with respect to the subject matter in the Application, does hereby make the following -.Findings of Fact, Conclusions of Law, Ruling of the Referee and Judgment and Decree in this matter: Name, address, and telephone number of Applicants: Barry and Jane Till 0206 Cotton Hollow Lane (Lot 9) Carbondale, CO 81623 970-945-5288 A.O. and Janice Forbes 1493 County Road 106 (Lot 3) Carbondale, CO 81623 970-947-9742 • • District Court, Water Div. 5 Case No. 00CW136; Cottonwood Hollow HOA Ruling and Decree C. Location of use: All water will be used on Applicant's lands located in the SWl/a, Section 12, Township 7 South, Range 88 West, 6th P.M. or on Lots 2, 3, 5, 8, 9 and 11 of the Cottonwood Hollow Subdivision as it is described in the records of the Garfield County Clerk and Recorder 1) Water rights for Well Nos. 2, 3, 5, 8, 9 and 11 are applied for conditional for all uses; 2) Appropriation initiated by: Field inspection, planning and engineering studies, formulation of intent to, divert and apply water to beneficial use; D. Uses: 1) Irrigation: a. Total number of acres proposed to be irrigated: 20,000 square feet b. Legal description of acreage irrigated: Lots 2, 3, 5, 8, 9 and 11 of the Cottonwood Hollow Subdivision described in subparagraph C above. 2) Domestic. 3. Applicant has requested approval of an augmentation plan to augment the above described water rights as follows: Water rights to be used as augmentation: A. Green Mountain Reservoir: 1. Source: Blue River, tributary of Colorado River 2. Legal description: approximately 16 miles SE of Kremmling in Summit County, CO in Sections 11, 12, 13, 14, 15, and 24, Township 2 South, Range 80 West, and Sections 17, 18, 19, 20, 21, 28, 29, and 34, Township 2 South, Range 79 West of the 6th P.M. 3. Adjudication Date: October 12, 1955 4. Appropriation Date: August 1, 1935 5. Case No.: 2782, 5016, and 5017 Court: United States District Court, District of Colorado Cottonwood Hollow- Ruling-OOCW 136 -3- • • District Court, Water Div. 5 Case No. 00CW 136; Cottonwood Hollow HOA Ruling and Decree 6. Decreed Amount: 154,645 acre feet 7. Decreed Uses: in accordance with paragraph 5(a), (b), and (c) of the section entitled "Manner of Operation of Project Facilities and Auxiliary Facilities" in Senate Document 80. B. Ruedi Reservoir: 8. Source: Frying Pan River, tributary of Colorado River 9. Legal description: the reservoir is located in Sections 7, 8, 9, 11, and 14 through 18, Township 8 South, Range 84 West of the 6th P.M. in Eagle and Pitkin Counties. 10. Adjudication Date: June 20, 1958 11. Appropriation Date: July 29, 1957 12. Case No.: C.A. 4613 Court: Garfield County District Court 13. Decreed Amount: 102,369 acre feet 14. Decreed Uses: generation of electric energy, domestic, municipal, industrial, irrigation and stock watering 15. In Case No. 81CW34 Ruedi Reservoir was decreed a refill right for 101,280 acre feet, conditional. In Case No. 95CW95, 44,509 acre feet was made absolute. C. Park Ditch and Reservoir Company. The Applicants are the owners of an option to perpetually lease 1.2 acre foot of historic consumptive use decreed in Case No. 79CW097, Water Division No. 5 (hereinafter sometimes referred to as "CLDC water"). The 1.2 acre foot of adjudicated historic consumptive use is derived from water rights decreed to the Park Ditch and Reservoir Company. The Park Ditch and Reservoir Company diverts water from Cattle Creek under the following water rights: Park Ditch Water Rights Cottonwood Hollow- Ruling-00CW136 -4- District Court, Water Div. 5 Case No. 00CW136; Cottonwood Hollow HOA Ruling and Decree Ditch Decreed Amount (cfs) Priority No. Decreed Location Sec. 7, T.7.S., R87 W. Adjudication Date Appropriation Date C.A. Park Ditch 9.0 221A. NW/SW/SE 6/26/1913 9/12/1904 1627 Park Ditch 4.1 232 NW/SW/SE 6/09/1916 7/01/1912 1821 Park Ditch 1.8 221A. NW/SW/SE 6/26/1913 9/12/1904 1627 Park Ditch 2.0 232 NW/SW/SE 9/05/1918 7/01/1912 1973 Landis Canal (alternate point of Park Ditch, see 80CW 113) 130 718 NW/SW/SE 6/20/1958 7/29/1957 4613 Direct flow diversions under the shares in the Park Ditch and Reservoir Company are supplemented by releases from Consolidated Reservoir. This reservoir operates under the following decreed priorities: CONSOLIDATED RESERVOIR WATER RIGHTS Decreed Structure Decreed Priority Location Adjudication Appropriation C.A. Amount (AF) No. Sec. 7, T.7.S., R87 W. Date Date Consolidated 595.0 AF 8B NE/NE 2/15/1921 9/08/1898 2144 Reservoir Consolidated 285.6 AF 678 NE/NE 6/20//1958 9/01/1948 4613 Reservoir Consolidated 401.0 AF 754 NE/NE 11/5/1971 9/01/1948 5884 Reservoir As changed in Case No. 79CW097 for Augmentation and Exchange Use. Amount: 1.2 acre feet Applicants each intend to develop their property located in the Cottonwood Hollow Subdivision which is in the SW 1/4, Section 12, Township 7 South, Range 88 West 6th P.M. in Garfield County, for 6 additional dwelling units. Also the Applicants intend to irrigate up to 20,000 square feet of lawn and garden area. Such is in addition to the uses which are already decreed in Case Number 80CW359 and 79CW59 for the Cottonwood Hollow Subdivision (Bobcat Ridge Estates Wells and the McVey Reservoir). Cottonwood Hollow- Ruling-OOCWI3G -5- • • District Court, Water Div. 5 Case No. 00CW136; Cottonwood Hollow 11OA Ruling and Decree The statement of plan for augmentation covers all applicable matters under C.R.S. §§37 92-103(9), -302(1)(2), and -305(8). The plan is described below. The Bobcat Ridge Estates Well Nos. 2, 3, 5, 8, 9 and 11 will be used as the source of potable water supply for 6 additional residential units (1 per lot) and for irrigation. The units proposed will use water use as follows: - 350 gallons per residential unit per day in-house; - Total irrigation not to exceed 20,000 square feet; 15 percent consumptive use diversion for domestic for in-house uses only; 2.43 a.f. per acre diversion amount for irrigation; 80 percent consumptive use for irrigation. Note: The breakdown of the uses per this augmentation plan is as follows; Each of Lots 2, 3, 5, 8, 9 and 11 will have 1 additional residential unit with 1500 square feet of lawn irrigation. Lots 8, 9 and 11 will have ponds on the lot consistent with the decrees entered in Case Nos. 00CW137 and 00CW211. Lot 2 will have an additional 3500 square feet of irrigation. Lot 11 will have an additional 3500 square feet of irrigation. Lots 3, 5, 8 and 9 will have an additional 1000 square feet of irrigation each. Note: The uses set forth herein are in addition to the uses as set forth in the augmentation plan as decreed in Case No. 80CW359 as may be amended in Case No. 00CW159. E. All wastewater will be returned through individual sewage disposal systems. F. Ponds may be constructed on lots 8, 9 and 11 for a total surface area not to exceed 5,000 square feet total: 1,500 square feet per lot for the ponds on lots 8 and 9 and 2000 square feet for the ponds on lot 11. (Case Nos. 00CW137 and 00CW211 adjudicate the ponds to be augmented herein.) The Applicants intend to. keep those ponds full by continuous diversion of water into thein from springs tributary to Cattle Creek and runoff and other waters tributary to and from Cattle Creek. Such diversions are located on and around the aforementioned lots in sections 11 and 12, Township 7 South, Range 88 West, 6th P.M. In order to replace for evaporative losses that will occur, the Applicants will use their CLDC water to replace for evaporation as necessary to Cattle Creek and from Green Mountain and/or Ruedi Reservoir to the Roaring Fork River. Cottonwood Hollow- Ruling-00CWI3G -6- • • District Court, Water Div. .5 Case No. 00CW136; Cottonwood Hollow HOA Ruling and Decree G. Water for augmentation purposes will be supplied by: 1) Releases from Green Mountain and/or Ruedi Reservoir listed above will be made to replace all depletions that may be occurring out -of -priority to meet a valid downstream call in the non -irrigation season generally and at times that cattle creek is not on call. Applicants have made application to the Basalt Water Conservancy District for up to 1 acre foot of water for such purposes. 2) Water from the Park Ditch and Reservoir as adjudicated for use for augmentation uses in Case No. 79CW97 will be used for irrigation season augmentation. The Applicants have .entered into an option agreement with the Carbondale Land Development Company (CLDC) for a perpetual lease of up to 1.2 acre feet of water to use in this augmentation plan. 3) Water estimates for diversion and consumptive use and evaporation are set forth in Tables 1 and 2, attached hereto and incorporated herein by this reference. 4) Well permits for the wells have.been applied for. 5. The Court finds that the Applicant has formed and demonstrated the requisite intent to appropriate water and has taken a substantial first step toward the appropriation of water in the amounts and for the purposes set forth in paragraphs 2 and 3, above. The Court further finds that unappropriated water is available and that the waters claimed by Applicant can and will be diverted, stored, or otherwise captured, possessed and controlled and will be beneficially used, and that the diversion and storage project described herein can and will be completed with diligence and within a reasonable time. CONCLUSIONS OF LAW 6. The Application filed herein is complete, covering all applicable matters required under C.R.S. §37-92-301, 302 and 305. 7. All notices required by law have been given, and no further notice need be given. 8. The Court has jurisdiction of this matter and of all persons, whether they have appeared or not. C.R.S. §37-92-301(2) and -303(1). 9. The Court has authority to confirm the absolute and conditional water rights as requested in the application. C.R.S. §37-92-301(2), -302, -303(1), and -304. Cottonwood }follow- Ruling-00CW136 JUDGMENT AND DECREE -7- District Court, Water Div. 5 Case No. 00CW136; Cottonwood Hollow HOA Ruling and Decree 10. The foregoing Findings of Fact and Conclusions of Law are incorporated herein by this reference, and the Court concludes that the Application should be granted, subject to the terms and conditions set forth herein. 11. The conditional water right requested for the Bobcat Ridge Estates Well Nos. 2, 3, 5, 8, 9 and 11., as more fully set forth in Paragraph 2, above, is hereby confirmed in the amounts set forth in the table in paragraph 2 above, conditional, with an appropriation date of March 15, 2000, for domestic and irrigation. The Referee finds that the Applicant has formed and demonstrated the requisite intent to appropriate and that Applicant has taken a substantial first step toward appropriation of water in the amounts and for the purposes set forth above in Paragraph 2. and that the appropriations described herein can and will be completed with diligence and within a reasonable time. The Referee does therefore rule that the conditional water rights shall be granted. 12. Should the Applicant desire to maintain the conditional water rights confirmed in the preceding paragraph, an Application for Finding of Reasonable Diligence shall be filed in the same month of the sixth calendar year following entry �f this decree, unless a determination has been made prior to that date that such conditional rights have been made absolute by reason of the completion of the appropriations, or are otherwise disposed of. 13. The Referee further rules that the plan for augmentation as more fully set forth in Paragraphs 5-7, is approved. Pursuant to Colo. Rev. Stat. § 37-92-305(8), in administering the augmentation plan approved herein, the State Engineer shall curtail all out -of -priority diversions, the depletions from which are not so replaced as to prevent injury to vested water rights. Further, the Applicant, his successors and assigns understand that the replacement source is a lease supply and if such lease should expire, fail to be renewed, is terminated, or an alternate source of replacement water is not included in this Decree by proper amendment prior to such expiration, curtailment of all out -of -priority diversions will occur. 14. Pursuant 'to Colo. Rev. Stat. § 37-92-502(5), the Applicant shall install, maintain, and monitor at locations determined by the Division Engineer, and at Applicant's expense, any measuring device deemed necessary by the Division Engineer to administer this decree. Applicant shall maintain monthly records of water usage and provide an annual report to the Division Engineer summarizing depletions and replacements pursuant to this plan on or before November 15 of each year when the well is in operation. The timing and amount of augmentation releases shall be at the discretion of the Division Engineer (and otherwise in accordance with the attached Table l). 15. The approval of the augmentation plan described herein shall be subject to reconsideration by the Water Judge on the question of injury to the vested rights of others for a period of five (5) years after the augmentation plan becomes operational. Cottonwood Hollow- Ruling-00CW136 -8- • • District Court, Water Div. 5 Case No. 00CW136; Cottonwood Hollow HOA Ruling and Decree reconsideration by the Water Judge on the question of injury to the vested rights of others for a period of five (5) years after the augmentation plan becomes operational. 16. The conditional water rights confirmed herein are SUBJECT TO ALL EARLIER PRIORITY RIGHTS OF OTHERS, and to the integration and tabulation by the Division Engineer of such priorities and changes of rights in accordance with law. 17. The State Engineer shall issue well permits in accordance herewith subject to Colo. Rev. Stat. § 37-90-137. 18. An original copy of the Basalt Water Conservancy District contract and the CLDC contract has been provided to the State and Division Engineers. 19. The Applicant agrees to form a Homeowners Association for the purpose of owning the contracts and to be responsible to ensure that the conditions of this decree are met . 20. The conditional water rights confirmed herein are SUBJECT TO ALL EARLIER PRIORITY RIGHTS OF OTHERS, and to the integration and tabulation by the Division Engineer of such priorities and changes of rights in accordance with law. It is ORDERED that a copy of this Decree shall be filed with the appropriate Division Engineer and the State Engineer. DATED this 3.ay of tagp' reef tine foregoi mailed to all Counsel of re.cord---Wats, State Deputy Clerk, water Dlr. No. 5 Cottonwood Hollow- Ruling-00CW136 , 2001. THE REFEREE: -9- Water Referee, Water Division No. 5 • • District Court, Water Div. 5 Case No. 00CW136; Cottonwood Hollow HOA Ruling and Decree JUDGMENT AND DECREE No protest was filed in this matter, and accordingly the foregoing Ruling is confirmed and approved, and is made the Judgment and Decree of this Court. The deadline for filing an application for a finding of reasonable diligence as to the water rights confirmed herein shall be , 2007. DONE this�ay of 2001. BY TH S URT: Copy of the forego' mailed to all Counsel of record- Yate/ Referee, ---Div. ' , . _ State `�^ . 3 Deputy Gert, Were` DW. Na 6 Caloia Cottonwood Hollow- Ruling-00CW136 ater Judge, Water Division No. 5 State of Colorado -10- • • • • Amendment to the Covenants of Cotton Hollow Subdivision October 18, 2001 Lot 9 shall be allowed to construct a rental apartment, subject to the following conditions: 1) The structure shall be entirely within the existing building envelope. 2) The usable living space shall not exceed 800 sq. ft.. 3) The unit shall be rented only when the owners are residents as defined by the 1RS. 4) Pets are not allowed. 5) Parking for renters will be designated on the plans. (p' 6) Renter occupants shall be limited to a total of wee; with -at toast• one adult over 18 years old. 7) Plans shall be submitted to the Architectural Conunittee for approval. 8) All construction shall be inspected and approved by the Garfield County Building Department. 1, /i/+ A Pc R S L fi , as owner of Lot # in Cotton Hollow Subdivision, agree to approve the above Amendment. the above Amendment. (Signature) °N...44,!�-�C�t �'�Q� L- �r1 g as owner of Lot # in Cotton Hollow Subdivision, agree to approve (Signature) • • • • Amendment to the Covenants of Cotton Hollow Subdivision Oeiviier 113, 2001 Lot 9 shall be allowed to construct a rental apartment, subject to the following conditions: 1) The structure shall be entirely within the existing building envelope. 2) The usable living space shall not exceed 800 sq. ft.. 3) The unit shall be rented only when the owners are residents as defined by the IRS. 4) Pets are not allowed. 5) Parking for renters will be designated on the plans. 3`L 6) Renter occupants shall be limited to a total of feeowithat least one adult over 18 years old. 7) Plans shall be submitted to the Architectural Committee for approval. 8) All construction shall be inspected and approved by the Garfield County Building Department. 1, v 3s ELL. r.:(/ Z, as owner of Lot # in Cotton Hollow Subdivision, agree to approve the above Amendment. (Signature) e , as owner of Lot # in Cotton Hollow Subdivision, agree to approve the above Amendment. (Signature) • • • • Amends?:cnt to the Covenants of Cotton 1,A!ow Subdivision October 18, 2001 Lot 9 shall be allowed to construct a rental apartment, subject to the following conditions: 1) The structure shall be entirely within the existing building envelope. 2) The usable living space shall not exceed 800 sq. ft.. 3) The unit shall be rented only when the owners are residents as defined by the IRS. 4) Pets are not allowed. 5) Parking for renters will be designated on the plans. 6) Renter occupants shall be limited to a total of ti ree;Gwitti44.10ear4 one adult over 18 years old. 7) Plans shall be submitted to the Architectural Committee for approval. 8) All construction shall be inspected and approved by the Garfield County Building Department. I, cTSP/{z (1 f /4/f, /Cas owner- of Lot # 2 in Cotte allow S the above Amendment. (Signature) 1, , as owner of Lot # in Cotton Ao11 % .: ' vision, agree to approve the above Amendment. vision, agree to approve (Signature) • • • • October 18. 2001 Amendment to the Covenants of Cotton Hollow Subdivision Lot 9 shall be allowed to construct a rental apartment, subject to the following conditions. 1) The structure shall be entirely within the existing building envelope. 2) The usable living space shall not exceed 800 sq. ft.. 3) The unit shall be rented only when the owners are residents as defined by the IRS. 4) Pets are not allowed 5) Parking for renters will be designated on the plans. 0{ 4" 6) Renter occupants shall be limited to a total ofth ee; with -at -least one adult over 18 years old. 7) Plans shall be submitted to the Architectural Committee for approval. 8) All construction shall be inspected and approved by the Garfield County Building Department. 0 fir/ 0 r, w 1-PAas owner of Lot # the above Amendment. 1, the above Amendment. (Signature) on Hollow Subdivision, a u to a. ,; e , as owner of Lot # in Cotton Hollow Subdivision, agree to approve (Signature) • • • • October 18, 2001 Amendment to the Covenants of Cotton Hollow Subdivision Lot 9 shall be allowed to construct a rental apartment, subject to the following conditions: 1) The structure shall be entirely within the existing building envelope. 2) The usable living space shall not exceed 800 sq. ft.. 3) The unit shall be rented only when the owners are residents as defined by the IRS. 4) Pets are not allowed. 5) Parking for renters will be designated on the plans. oe, 6) Renter occupants shall be limited to a total of with one adult over 18 years old. 7) Plans shall be submitted to the Architectural Committee for approval. 8) All construction shall be inspected and approved by the Garfield County Building Department. I, A!kn //-kD/) , as owner of Lot 4 � � in Cotton Hollow Subdivision, agree to approve the above Amendment. (Signature) �. 1, , as owner of Lot # in Cotton Hollow Subdivision, agree to approie the above Amendment. (Signature) • • • • October 18, 2001 Amendment to the Covenants of Cotton Hollow Subdivision Lot 9 shall be allowed to construct a rental apartment, subject to the following conditions: 1) The structure shall be entirely within the existing building envelope. 2) The usable living space shall not exceed 800 sq. ft.. 3) The unit shall be rented only when the owners are residents as defined by the IRS. 4) Pets are not allowed. 5) Parking for renters will be designated on the plans. tier 6) Renter occupants shall be limited to a total of thFetk with•at-leas one adult over 18 years old. 7) Plans shall be submitted to the Architectural Committee for approval. 8) All construction shall be inspected and approved by the Garfield County Building Department. I, J*JICE 1 e4 , as owner of Lot # / in Cotton Hollow Subdivision, agree to approve the above Amendment. (Signature) I, , as owner of Lot # in Cotton Hollow Subdivision, agree to approve the above Amendment. (Signature) • • • • October 18, 2001 Amendment to the Covenants of Cotton Hollow Subdivision Lot 9 shall be allowed to construct a rental apartment, subject to the following conditions: 1) The structure shall be entirely within the existing building envelope. 2) The usable living space shall not exceed 800 sq. ft.. 3) The unit shall be rented only when the owners are residents as defined by the IRS. 4) Pets are not allowed. 5) Parking for renters will be designated on the plans. 0301' 6) Renter occupants shall be limited to a total of three; with at-lea3t one adult over 18 years old. 7) Plans shall be submitted to the Architectural Committee for approval. 8) All construction shall be inspected and approved by the Garfield County Building Department. I, ,da nefNe f z t / - 77//as owner of Lot # 9 in Cotton Hollow Subdivision, agree to approve the above Amendment. (Signature) Jii^.fL , / ; -/ AV/61D r I, 6.3 rrti 7:-/f the above Amendment. , as owner of Lot # 'f in Cotton Hollow Subdivision, agree to approve (Signature) / 1 • • • • Cottonwood Hollow Homeowners Annual Meeting The annual meeting of the Cottonwood Hollow Homeowners Association was held on October 3, 1998. Those in attendance were: • Barry Till Jane Till Chris Drummond Russell Fritz Pam Fritz Al Harrelson Karen Olson Gallen Smith Wendi Smith The meeting was called to order at 5:30 P. M. Snow Plowing - Barry Till and Al Harrelson, as well as Mark Bassett, have snow plows. Each one will pitch in to keep the main road clear this coming winter. Thank you in advance. Pot Holes - The pot holes on the road are being filled with concrete. Gailen is to contact the County to determine if it is an adequate patching compound.. It was discussed whether or not to have the road chip and sealed. Jane Till said the cost would be around $3,000.00 so it was decided just to continue filling the holes with concrete. (Gailen did contact the County later and was advised that the use of concrete as a patching material is acceptable). Corner Entrance Road Damage - It was brought up that the corner (mail box side) where you enter Cotton Hollow Lane is breaking up. Gailen is to contact the County to find out if they will fix it. In the meantime, some large rocks (boulders) will be placed there to keep traffic off of the problem area. (Gailen did contact the County and they said that they would come out to look at the problem ). Thistles - An excessive number of thistles have been noted on A.O. Forbes' property. Karen Olson is to contact him about it. It was also decided that we would have a "Weed Control Day" next summer and, hopefully, get all the homeowners to participate. Barry Till is to organize it. It was suggested that we have a picnic or barbecue afterwards. Fire Hydrant - It has been determined that the creek is adequate to fill fire engine pumpers so there is no need for a fire hydrant after all. Pond - It was reported that someone is throwing trash into the pond, tires and wooden pallets specifically. Please, everyone, do not throw rubbish into the pond. If you know of • • • • anyone who is doing this, either talk to them or contact a member of the Board so that action can be taken. Dogs - It was reported that dogs have been getting into people's trash containers. All homeowners are reminded that dogs are to be controlled and kept on their own property. If your dog is a nuisance to your neighbors, problems will surely develop. Power Outages - A notification system has been installed on Gailen and Wendi's electric pole so that when there is an outage Holy Cross is automatically notified right away. More notification units are being installed up and down the road so that the source of the outage can be more closely pinpointed. Of course, it won't stop the outages but it may help to shorten them. Mother in Law Units - Karen Olson asked that we consider the possibility of changing the covenants to allow for mother-in-law units. Currently, the homeowner covenants do not permit them. Much discussion followed. A motion was made by Al Harrelson to vote on the issue and was seconded by Barry Till. The vote was 6 to I in favor of amending the covenants to allow them as along as the number of occupants is restricted and the homeowners reside on the premises Pam Fritz volunteered to draft the proposed amendment. If you have any input to this, please call her at 925-1000 (business phone). The proposed amendment will be sent to all homeowners for review prior to implementation. Election - Gailen moved to retain the current officers (Barry Till, President, and Chris Drummond, Secretary). The vote was unanimous do so. Architectural Review Committee - Al Harrelson will take Rona Chorman's vacated seat on the committee. The other current members, Mark Bassett and Gailen Smith, will continue to serve. The meeting was adjourned at 6:50 P.M. Chris Drummond Secretary/Treasurer DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO 109 Eighth Street, Suite 104 Glenwood Springs, CO 81601 CONCERNING THE APPLICATION FOR WATER RIGHTS OF: BARRY TILL, JANE TILL, MARC BASSETT, ERIN J. BASSETT, ALLEN M. HARRELSON, III, TERI HARRELSON, RUSSELL E. FRITZ, PAM FRITZ (F/K/A BELTRAMO), STEPHEN M. HEINIG, KAREN ANN OLSON, ARTHUR O. FORBES, AND JANICE K. FORBES in Garfield County, Colorado. ♦ COURT USE ONLY Attorney of Record: Sherry A. Caloia, Esq. Caloia & Houpt, P.C. 1204 Grand Avenue Glenwood Springs, CO 81601 (970) 945-6067 945-6292 — fax email: scaloia@sopris.net Atty. No. 11947 Case No. 2000CW136 FINDINGS OF FACT, CONCLUSIONS OF LAW, RULING OF THE REFEREE, JUDGMENT AND DECREE The above -entitled Application was filed on July 28, 2000. An amended Application was filed on August 3, 2000. The Application and Amended Application (hereinafter "Application") were referred to the Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court in accordance with Article 92, Chapter 37, C.R.S., known as the Water Rights Determination and Administration Act of 1969, as amended. The undersigned Water Referee, having made such investigations as are necessary to determine whether or not the statements in th.: Application are true, and having become fully advised with respect to the subject matter in the Application, does hereby make the following Findings of Fact, Conclusions of Law, Ruling of the Referee and Judgment and Decree in this matter: Name, address, and telephone number of Applicants: Barry and Jane Till 0206 Cotton Hollow Lane (Lot 9) Carbondale, CO 81623 970-945-5288 A.O. and Janice Forbes 1493 County Road 106 (Lot 3) Carbondale, CO 81623 970-947-9742 District Court, Water Div. 5 Case No. 00CW136; Cottonwood Hollow HOA Ruling and Decree Marc and Erin J. Bassett 202 Cotton Hollow Lane (Lot 8) Carbondale, CO 81623 970-945-1278 Allen M. Harrelson III and Teri Harrelson 0168 Cotton Hollow Lane (Lot 11) Carbondale, CO 81623 970-928-9103 Stephen M. Heinig and Karen Ann Olson 90 Cotton Hollow Lane (Lot 2) Carbondale, CO 970-945-0709 Russell Fritz and Pam Fritz f/k/a Beltramo 4792 County Road 113 (Lot 5) . Carbondale, CO 81623 970-928-9334 2. Applicants have requested undergrouna water rights described as follows: Name Amt. g.p.m. Location(3) Well Depth (feet) Total acre feet 1/41/4 Sec. Township Range FSL(1) (feet) FWL(2) (feet) Bobcat Ridge Estates Well No. 2 15 NE SW 12 7 S. 88 W. 2120 2150 200 1.5 Bobcat Ridge Estates Well No. 3 15 NE SW 12 7 S. 88 W. 2050 1750 200 1.5 Bobcat Ridge Estates Well No. 5 15 NW SW 12 7 S. 88 W. 2000 500 200 1.0 Bobcat Ridge Estates Well No. 8 15 NW SW 12 7 S. 88 W. 1584 1056 . 200 1.5 Bobcat Ridge Estates Well No. 9 15 SE SW 12 7 S. 88 W. 1,200 2000 200 1.5 Bobcat Ridge Estates Well No. 11 15 NE SW 12 7 S. 88 W. 2010 1410 200 2.0 Notes: (1) FSL denotes distance from south line of section. (2) FWL denotes distance from west line of section. (3) All locations within the 6th P.M. A Water Source: Groundwater tributary to Cattle Creek and Roaring Fork River. B. Appropriation date: 3/15/2000 Cottonwood Hollow- Ruling-00CW136 -2- District Court, Water Div. 5 Case No. 00CW136; Cottonwood Hollow HOA Ruling and Decree A Water Source: Groundwater tributary to Cattle Creek and Roaring Fork River. B. Appropriation date: 3/15/2000 C. Location of use: All water will be used on Applicant's lands located in the SW1/4, Section 12, Township 7 South, Range 88 West, 6th P.M. or on Lots 2, 3, 5, 8, 9 and 11 of the Cottonwood Hollow Subdivision as it is described in the records of the Garfield County Clerk and Recorder 1) Water rights for Well Nos. 2, 3, 5, 8, 9 and 11 are applied for conditional for all uses; 2) Appropriation initiated by: Field inspection, planning and engineering studies, formulation of ir:tent to divert and apply water to beneficial use; D. Uses: 1) Irrigation: a. Total number of acres proposed to be irrigated: 20,000 square feet b. Legal description of acreage irrigated: Lots 2, 3, 5, 8, J and 11 of the Cottonwood Hollow Subdivision described in subparagraph C above. 2) Domestic. 3. Applicant has requested approval of an augmentation plan to augment the above described water rights as follows: Water rights to be used as augmentation: A. Green Mountain Reservoir: 1. Source: Blue River, tributary of Colorado River 2. Legal description: approximately 16 miles SE of Kremrnling in Summit County, CO in Sections 11, 12, 13, 14, 15, and 24, Township 2 South, Range 80 West, and Sections 17, 18, 19, 20, 21, 28, 29, and 34, Township 2 South, Range 79 West of the 6th P.M. 3. Adjudication Date: October 12, 1955 4. Appropriation Date: August 1, 1935 Cottonwood Hollow- Ruling-00CW136 District Court, Water Div. 5 Case No. 00CW136; Cottonwood Hollow HOA Ruling and Decree 5. Case No.: 2782, 5016, and 5017 Court: United States District Court, District of Colorado 6. Decreed Amount: 154,645 acre feet 7. Decreed Uses: in accordance with paragraph 5(a), (b), and (c) of the section entitled "Manner of Operation of Project Facilities and Auxiliary Facilities" in Senate Document 80. B. Ruedi Reservoir: 8. Source: Frying Pan River, tributary of Colorado River 9. Legal description: the reservoir is located in Sections 7, 8, 9, 11, and 14 through 18, Township 8 South, Range 84 West,of the 6th P.M. in Eagle and Pitkin Counties. 10. Adjudication Date: June 20, 1958 11. Appropriation Date: July 29, 1957 12. Case No.: C.A. 4613 Court: Garfield County District Court 13. Decreed Amount: 102,369 acre feet 14. Decreed Uses: generation of electric energy, domestic, municipal, industrial, irrigation and stock watering 15. In Case No. 81CW34 Ruedi Reservoir was decreed a refill right for 101,280 acre feet, conditional. In Case No. 95CW95, 44,509 acre feet was made absolute. C. Park Ditch and Reservoir Company. The Applicants are the owners of an option to perpetually lease 1.2 acre foot of historic consumptive use decreed in Case No. 79CW097, Water Division No. 5 (hereinafter sometimes referred to as "CLDC water"). The 1.2 acre foot of adjudicated historic consumptive use is derived from water rights decreed to the Park Ditch and Reservoir Company. The Park Ditch and Reservoir Company diverts water from Cattle Creek under the following water rights: Cottonwood Hollow- Ruling-00CW136 -4- District Court, Water Div. 5 Case No. 00CW136; Cottonwood Hollow•HOA Ruling and Decree Park Ditch Water Rights Ditch Decreed Amount (cfs) Priority No. Decreed Location Sec. 7, T.7.S., R87 ' W. Adjudication Date Appropriation Date • C.A. Park Ditch 9.0 221A. NW/SW/SE 6/26/1913 6/09/1916 6/26/1913 9/12/1904 7/01/1912 9/12/1904 1627 1821 1627 Park Ditch 4.1 232 NW/SW/SE Park Ditch 1.8 221A. NW/SW/SE Park Ditch 2.0 232 NW/SW/SE 9/05/1918 7/01/1912 1973 Landis Canal (alternate point of Park Ditch, see 80CW113) 130 718 NW/SW/SE 6/20/1958 7/29/1957 4613 Direct flow diversions under the shares in the Park Ditch and Reservoir Company are supplemented by releases from Consolidated Reservoir. This reservoir operates under the following decreed priorities: CONSOLIDATED RESERVOIR WATER RIGHTS Decreed - Structure Decreed Priority Location Adjudication Appropriation C.A. Amount (AF) No. Sec. 7, T.7.S., R87 W. Date Date Consolidated 595.0 AF 8B NE/NE 2/15/1921 9/08/1898 2144 Reservoir Consolidated 285.6 AF 678 NE/NE 6/20//1958 9/01/1948 4613 Reservoir Consolidated 401.0 AF 754 NE/NE 11/5/1971 9/01/1948 5884 Reservoir As changed in Case No. 79CW097 for Augmentation and Exchange Use. Amount: 1.2 acre feet Applicants each intend to develop their property located in the Cottonwood Hollow Subdivision which is in the SW %, Section 12, Township 7 South, Range 88 West 6th P.M. in Garfield County, for 6 additional dwelling units. Also the Applicants intend to irrigate up to 20,000 square feet of lawn and garden area. Such is in addition to the uses Cottonwood Hollow- Ruling-00CW136 -5- District Court, Water Div. 5 Case No. 00CW136; Cottonwood Hollow HOA Ruling and Decree which are already decreed in Case Nun.ber 80CW359 and 79CW59 for the Cottonwood Hollow Subdivision (Bobcat Ridge Estates Wells and the McVey Reservoir). The statement of plan for augmentation covers -all applicable matters under C.R.S. §§37 92-103(9), -302(1)(2), and -305(8). The plan is described below. The Bobcat Ridge Estates Well Nos. 2, 3, 5, 8, 9 and 11 will be used as the source of potable water supply for 6 additional residential units (1 per lot) and for irrigation. The units proposed will use water use as follows: 350 gallons per residential, unit per day in-house; Total irrigation not to exceed 20,000 square feet; 15 percent consumptive use diversion for domestic for in-house•uses only; 2.43 a.f. per acre diversion amount for irrigation; 80 percent consumptive use for irrigation. Note: The breakdown of the uses per this augmentation plan is as follows; Each of Lots 2, 3, 5, 8, 9 and 11 will have 1 additional residential unit with 1500 square feet of lawn irrigation. Lots 8, 9 and 11 will have ponds on the lot consistent with the decrees entered in Case Nos. 00CW137 and 00CW211. Lot 2 will have an additional 3500 square feet of irrigation. Lot 11 will have an additional 3500 square feet of irrigation Lots 3, 5, 8 and 9 will have an additional 1000 square feet of irrigation each . Note: The uses set forth herein are in addition to the uses as set forth in the augmentation plan as decreed in Case No. 80CW359 as may be amended in Case No. 00CW159. E. All wastewater will be returned through individual sewage disposal systems. F. Ponds may be constructed on lots 8, 9 and 11 for a total surface area not to exceed 5,000 square feet total: 1,500 square feet per lot for the ponds on lots 8 and 9 and 2000 square feet for the ponds on lot 11. (Case Nos. 00CW137 and 00CW211 adjudicate the ponds to be augmented herein.) The Applicants intend to keep those ponds full by continuous diversion of water into them from springs tributary to Cattle Creek and runoff and other waters tributary to and from Cattle Creek. Such diversions are located on and around the aforementioned lots in sections 11 and 12, Township 7 South, Range 88 West, 6th P.M. In order to replace for evaporative losses that will occur, the Applicants will use their CLDC water to replace for evaporation as necessary to Cattle Creek and from Green Mountain and/or Cottonwood Hollow- Ruling-00CW136 District Court, Water Div. 5 Case No. 00CW136; Cottonwood Hollow HOA Ruling and Decree Ruedi Reservoir to the Roaring Fork River. G. Water for augmentation purposes will be supplied by: 1) Releases from Green Mountain and/or Ruedi Reservoir listed above will be made to replace all depletions that may be occurring out -of -priority to meet a valid downstream call in the non -irrigation season generally and at times that cattle creek is not on call. Applicants have made applicatica to the Basalt Water Conservancy District for up to 1 acre foot of water for such purposes 2) Water from the Park Ditch and Reservoir as adjudicated for use for augmentation uses in Case No. 79CW97 will be used for irrigation season augmentation. The Applicants have entered into arr. option agreement with the Carbondale Land Development Company (CLDC) for a perpetual lease of up to 1.2 acre feet of water to use in this augmentation plan. 3) Water estimates for diverion and consumptive use and evaporation are set forth in Tables 1 and 2, attached hereto and incorporated herein by this reference. 4) Well permits for the wells have been applied for. 5. The Court finds that the Applicant has formed and demonstrated the requisite intent to appropriate water and has taken a substantial first step toward the appropriation of water in the amounts and for the purposes set forth in paragraphs 2 and 3, above. The Court further finds that unappropriated water is available and that the waters claimed by Applicant can and will be diverted, stored, or otherwise captured, possessed and controlled and will be beneficially used, and that the diversion and storage project described herein can and will be completed with diligence and within a reasonable time. CONCLUSIONS OF LAW 6. The Application filed herein is complete, covering all applicable matters required under C.R.S. §37-92-301, 302 and 305. 7. All notices required by law have been given, and no further notice need be given. 8. The Court has jurisdiction of this matter and of all persons, whether they have appeared or not. C.R.S. §37-92-301(2) and -303(1). 9. The Court has authority to con'irm the absolute and conditional water rights as requested in the application. C.R.S. §37-92-301(2), -302, -303(1), and -304. Cottonwood Hollow- Ruling-00CW136 -7- • District Court, Water Div. 5 Case No. 00CW136; Cottonwood Hollow HOA Ruling and Decree JUDGMENT AND DECREE 10. The foregoing Findings of Fact and Conclusions of Law are incorporated herein by this reference, and the Court concludes that the Application should be granted, subject to the terms and conditions set forth herein. 11. The conditional water right requested for the Bobcat Ridge Estates Well Nos. 2, 3, 5, 8, 9 and 11., as more fully set forth in Paragraph 2, above, is hereby confirmed in the amounts set forth in the table in paragraph 2 above, conditional, with an appropriation date of March 15, 2000, for domestic and irrigation. The Referee finds that the Applicant has formed and demonstrated the requisite intent to appropriate and that Applicant has taken a substantial first step toward appropriation of water in the amounts and for the purposes set forth above in Paragraph 2. and that the appropriations described herein can and will be completed with diligence and within a reasonable time. The Referee does therefore rule that the conditional water rights shall be granted. 12. Should the Applicant desire to maintain the conditional water rights confirmed in the preceding paragraph, an Application for Finding of Reasonable Diligence shall be filed in the same month of the sixth calendar year following entry of this decree, unless a determination has been made prior to that date that such conditional rights have been made absolute by reason of the completion of the appropriations, or are otherwise disposed of. 13. The Referee further rules that the plan for augmentation as more fully set forth in Paragraphs 5-7, is approved. Pursuant to Colo. Rev. Stat. § 37-92-305(8), in administering the augmentation plan approved herein, the State Engineer shall curtail all out -of -priority diversions, the depletions from which are not so replaced as to prevent injury to vested water rights. Further, the Applicant, his successors and assigns understand that the replacement source is a lease supply and if such lease should expire, fail to be renewed, is terminated, or an alternate source of replacement water is not included in this Decree by proper amendment prior to such expiration, curtailment of all out -of -priority diversions will occur. 14. Pursuant to Colo. Rev. Stat. § 37-92-502(5), the Applicant shall install, maintain, and monitor at locations determined by the Division Engineer, and at Applicant's expense, any measuring device deemed necessary by the Division Engineer to administer this decree. Applicant shall maintain monthly records of water usage and provide an annual report to the Division Engineer summarizing depletions and replacements pursuant to this plan on or before November 15 of each year when the well is in operation. The timing and amount of augmentation releases shall be at the discretion of• the Division Engineer (and otherwise in accordance with the attached Table 1). 15. The approval of the augmentation plan described herein shall be subject to reconsideration by the Water Judge on the question of injury to the vested rights of others for a Cottonwood Hollow- Ruling-00CW136 District Court, Water Div. 5 Case No. 00CW136; Cottonwood Hollow HOA Ruling and Decree reconsideration by the Water Judge on the question of injury to the vested rights of others for a period of five (5) years after the augmentation plan becomes operational. 16. The conditional water rights confirmed herein are SUBJECT TO ALL EARLIER PRIORITY RIGHTS OF OTHERS, and to the integration and tabulation by the Division Engineer of such priorities and changes of rights in accordance with law. 17. The State Engineer shall issue well permits in accordance herewith subject to Colo. Rev. Stat. § 37-90-137. 18. An original copy of the Basalt Water Conservancy District contract and the CLDC contract has been provided to the State and Division Engineers. 19. The Applicant agrees to form a Homeowners Association for the purpose of owning the contracts and to be responsible to ensure that the conditions of this decree are met . 20. The conditional water rights confirmed herein are SUBJECT TO ALL EARLIER PRIORITY RIGHTS OF OTHERS, and to the integration and tabulation by the Division Engineer of such priorities and changes of rights in accordance with law. It is ORDERED that a copy of this Decree shall be filed with the appropriate Division Engineer and the State Engineer. DATED this 3 day of py r# the toregoi lled to all Counsel of r A"---b'1a. Re fc:ti' State J Deputy Clerk Water Div. No. 5 • 748(44,4 Cottonwood Hollow- Ruling-00CW136 -9- , 2001. ,'THE REFEREE: Allier Water Referee, Water Division No. 5 District Court, Water Div. 5 Case No. 00CW136; Cottonwood Hollow HOA Ruling and Decree JUDGMENT AND DECREE No protest was filed in this matter, and accordingly the foregoing Ruling is confirmed and approved, and is made the Judgment and Decree of this Court. The deadline for filing an application for a finding of reasonable diligence as to the water rights confirmed herein shall be , 2007. DONE this day of , 2001. Cottonwood Hollow- Ruling-00CW136 BY THE COURT: Water Judge, Water Division No. 5 State of Colorado -10- WATER DIVER IONS AND DEPLETIONS Cottonwood Hollow Hom owners of Lots 2, 3, 5, 8, 9, and 11; WATE DIVISION NO. 5 DIVERSIONS CONSUMPTIVE USE Month In- House (1) Irrigation (2) Pond Evaporat ion (3) Total In- house (4) Irrigation (5) Pond Evapora tion Total JAN 0.204 0.000 0.0025 0.2065 0.031 0.000 0.0025 0.0335 FEB 0.181 0.000 0.0023 0.1833 0.027 0.000 0.0023 0.0293 MAR 0.204 0.000 0.0048 0.2088 0.031 0.000 0.0048 0.0358 APR 0.193 0.000 0.025 0.218 0.030 0.000 0.025 0.055 MAY 0.204 0.19 0.027 0.421 0.031 0.153 0.0027 0.1867 JUN 0.193 0.230 0.060 0.483 0.030 0.185 0.0060 0.221 JUL 0.204 0.25 0.052 0.506 0.031 0.201 0.0052 0.2372 AUG 0.204 0.241 0.053 0.498 0.031 0.193 0.0053 0.2293 SEP 0.193 0.140 0.035 0.368 0.030 0.113 0.0035 0.1465 OCT 0.204 0.050 0.025 0.279 0.031 0.004 0.0025 0.0375 NOV 0.204 0.000 0.025 0.229 0.030 0.000 0.0025 0.0325 DEC 0.204 0.000 0.025 0.229 0.031 0.000 0.0025 0.0335 ANNUAL 2.392 1.101 0.3366 3.8296 0.364 0.849 0.0648 1.2778 (1) 350 GALLONS PER DAY (6 Units) (2) 20,000 SQUARE FEET (3) 5000 square feet surface area (4) 15% OF COL. (2) (5) CONSUMPTIVE USE FOR IRR USING BLANEY-CRIDDLE ANALYSIS (POCHOP METHOD) AUGMENTATION WATER IN ACRE FEET CLDC RUEDI January 0.00 0.0335 February 0.00 0.0293 March 0.00 0.0359 April 0 0 0.055 May 0.1 867 0.000 June 0.221 0.000 July 0.2372 0.000 August 0.2293 0.00 September 0.1475 0.00 October 0.0375 0.00 November 0.000 0.0335 December 0.000 0.0335 Annual 1.0592 0.2207 Cottonwood -table • • Cottonwood Hollow Vicinity Map County Road '' County Rd .--.-- City Street Utilities Stream State Highway Subdivisions 1-4 Cottonwood Hollow 6-16 City Boundary - 4.77-, Meters 0 1000 2000 • August 28, 2001 Barry and Jane Till 0206 Cotton Hollow Lane Carbondale, Colorado 8162 945-5288 To: Garfield County Plannin Barry and I began the cons The building plans included with a room above it used office space. Recorded 8:34 Our plans now are to remod change the room above the live in this valley and we f: rental shortage in the area, above the garage being onl excessive vehicles or people, Sincerely, • In , and Jane Till • Department etion of the house on our 7.4 acre parcel in February 1994. single family dwelling and, a separate garage (20' x 20' ), an office. We attained a Conditional Use Permit for the A.M. Rec. #i 460220, March 10, 1994. 1 our basement, which would include an office space and, ge to an ADU. As we all know it is very expensive to el this will be a supplement to our income, Help with the d increase the resale value of our home. With the room 20'x 20', and not wanting to impact our property with e would only have one or two person occupancy. � ege • v• ,.. .v. 3WS-10 03192 J 1 PA 1 G vl vw+1.0v1 v OFFICE OF THE STATE ENGINEER 818 Centennial Bldg., herman St., Denier, Colorado 80203 866-3581 I Ill(303) - - ,- JUN c°1 10 •13 �* = i n fE f v; NES %' C.J C -A 1 .Cc r~• 01 C • LI1 � - 4 L 7 �}(© c (s -R`1 (n ,.!- i2. FOR INSTRUCTIONS, SEE REVERSE SIDE1 STATEMENT OF BENEFICIAL USE WELL PERMIT NUMBER 03 1- 1. WELL OWNER NAME(S) t'j � r '- C. t Mailing Address (1:)n ci Ca -tn t-1r-\1ci L� City, St. Zip Q c 0 1% 3 Phone (`0 D) S (-\ S A,8 2. WELL LOCATION: COUNTY (3vIN \1/4. c.Y OWNER'S WELL D SIGNATION L c,-� S7 C',),r;6 C'c;i 1.1,(ACS\cam'L1n Cavtic=-'c �,ij-(, BC) V `^ lr..i 1!i<,.-yJ, / (Address) S �— 1/4 of the 'S CO 1/4, Sec. I Z Twp. (City) (State) (Zip) ❑ N. or C,S , Range Si ❑ E. or [ W. E; P.M. Distances from Section Lines 1 CLX Ft. from ❑ N. or X S. Line, 2 COO Ft. from ❑ E. or X W. Line. 3. The well is being used for the following purpose(s): / Sr„ t -c - >N t k y d c, ,z (, . , / / ]MY'S. 1 (N 1 G3 <<A- k `*- c '- VCC O szz.f--,,,-- I 17 4. Water from the well was first used beneficially under this permit number, for the above described _ 1 Ol C purposes on t 19 �'-t (Do not report a date which is before the issued date of this per}nit) 5. The pumping rate claimed is 1 5 gallons -per minute. 6. The average annual amount of water diverted is , 0 acre feet. 7. The land area irrigated (watered) by water from this II vv well is: t 60 Q ❑ Acres or IL. Square feet, described as: Sct‘vt. e CS �� �� (Number) (Legal Descnption) or as Q c5- \ L_r_�- j ( u,' &j Subdivision Lot(s) C\ Block Filing/Unit . 8. Well drilled by: CC A \ k' -v, S 0 k l\. \ v, Lic. No: (, 3 c -I . Pump installed by: S -. A V Lic. No: . 9. Meter Mfg. by Serial lo.: Date Installed: . 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 244-104 (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.] 10. Name/Title (Please type or print) Signature Date �� A 0 c( `I L_ w; ( (7 �— cm \C..)c�vv-.,t.1 `) ACCEPTED IN ACCORDANCE ATTACHED FINDINGS, AND THAT THOSE STATED ON THE' i - - ITH. 744/2 Y\ WITH THE CONCLUSIONS AND ORDER CONDiTIONS OF APPROVAL AS WELL PERMIT ARE COMPLIED ...i.„, 1 tk,..,,,a,�� SEP 9 i A TM ✓•I-1, State Engineer . By 11 Date ' Court Case No. Div. - �o. 2 3 WD Bain MD Use • • FINDINGS, CONCLUSIONS AND ORDER OF THE STATE ENGINEER In the mater of the expiration of a well permit located in the SE %. of the SW ''/ of section 12, Township 7 South, Range 88 West, 6th Principal Meridian, Garfield County, Colorado. APPLICANT: Barry C. Till WELL PERMIT NO.: 37221-F This matter having come before the State Engineer pursuant to notice under C.R.S. 37-90-137(3)(c) and the petition for continuance of the well permit filed by the applicant. The State Engineer having considered the evidence submitted by the applicant, the documents on file in his records and investigation of his staff, finds as follows: 1. On July 12, 1990, the subject permit to construct a well was issued to the applicant or his predecessor. The expiration of the permit was July 12, 1992. 2. On January 21, 1992, the Division of Water Resources(Division) received a Well Completion and Test Report for said well indicating that the well was completed on October 28, 1991 in accordance with the terms and conditions of the well permit. 3. On June 10, 1999, the Division received a Pump Installation and Test report for said well indicating that the pump was installed on June 19, 1992. 4. The Division did not receive any evidence from the applicant prior to the expiration date of well permit, that the water from the well was applied to beneficial use prior to that date. 5. On June 10, 1999, the applicant or his agent submitted the materials discussed below. 6. a. A Statement of Beneficial Use for the subject well, Permit No,: 37221-F signed by the applicant or his authorized agent on June 10, 1999. b. A Petition for reinstatement signed by the applicant or his agent on June 10, 1999. 7. a. In the Statement of Beneficial Use, the applicant claims that water from the well was first put to use on June 19, 1992, and that 2 acre-feet are diverted annually at a rate of 15 gpm for one household, horses and 1000 sq. ft. of irrigation. b. In the petition, the applicant claims that the reason evidence of use was not submitted on time was that he forgot. Permit Number 37221-F CONCLUSION AND ORDER Based on the documents on file in the Division of Water. Resources, the field inspections by Division personnel and the documents submitted by the applicant, the State Engineer concludes that favorable consideration can be given to the proof submitted by the applicant. It is therefore ordered that the well permit remain in force and effect. Dated this 22nd day of September, 1999. By: Prepared by: SJ r 2. . Hal D. Simpson State Engineer Sandy Johnso Engineerin ience Assistant USE ONJY Date 3 WD 3 8 Basin MD Use FORM AJC. GWS -10 03/92 STATE OF COLORAD OFFICE OF THE STATTGINEER 818 Centennial Bldg., 1313 Sherman St, Denver, Colorado 80203 (303) 866-3581 FOR INSTRUCTIONS, SEE REVERSE SIDE STATEMENT OF BENEFICIAL USE WELL PERMIT NUMBER 0-- 1. 2. WELL OWNER NAME(S) Mailing Address O a dx, co e. 1pc.v L City, St. Zip co..N\c,a.C 2 ) 2.3 Phone (ctie) 9 S Sass WELL LOCATION: COUNTY C' iMC4 OWNER'S WELL DESIGNATION _ (Address) (City) (State) (ZiP) S l` 1/4 of the 5Q 1/4, Sec. \ Twp. ' ❑ N. or ® S., Range n ❑ E. or © W. 6 P.M. For Offic EprtTtyE I V E AG 2 3 '01 WATFR RESOURCES STATE. ENGINEER .91,EkwooD Distances from Section Lines \aC)C Ft. from 0 t . or © S. Line, Ft. from ❑ E. or ® W. Line. 3. The well is Deo g used for the following purpose(s): \ k ^c CAA. `n v NA,,keav42.\�' 4ter Z0( vte 4. Water from the well was first used beneficially under this permit number, for the above described purposes on (Do not report a date which is before the issued date of this permit) 5. The pumping rate claimed is 1 gallons per minute. 6. The average annual amount of water diverted is ©, S acre feet. 7. The land area irrigated (watered) by water from this welt; is: add ❑ Acres or Square feet, (Number) described as: e as at)te) (�ega! Description) or as e�� ‘%0(Ay-Subdivisign Lot(s) Block Filing/Unit 8. Well drilled by: C\ 1 Pump installed by: T'4\ t J1 -S-e,\ 9. Meter Mfg. by Lic. No: 3 y Serial No.: Lic. No: Date Installed: 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.) 10. Name/Title (Please type of print) Qe Signature 1 FOR OFFICE State Engineer By Court Case No. Div. Co. 2. Date ��, No. OFFICE OF TH TATE ENGINLM i GWS -25 APPLICANT COLORADO DI ION OF WATEF RESOURCIIIA 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 EXST WELL PERMIT NUMBER 56072 -F DIV. 5 WD 38 DES. BASIN MD Lot: BARRY & JANE TILL C/O CALOIA & HOUPT PC 1204 GRAND AVE GLENWOOD SPRINGS, CO 81601- 9 Block Filing: (970) 945-6067 CHANGE/EXPANSION OF USE OF AN EXISTING WELL Subd v.. COTTONWOOD HOLLOW 6) 7) 8) APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 SW 1/4 Section 12 Township 7 S Range 88 W Sixth P.M. DISTANCES FROM SECTION LINES 1200 Ft. from South Section Line 2000 Ft. from West Section Line UTM COORDINATES Northing: Easting: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Constriction and Pump Installation Contractors in accordance with Rule 18. Approved pursuant to CRS 37-90-137(2) for the expansion in use of an existing well, identified as the Bobcat Ridge Estates Weil No. 9 (also operating under permit no, 37221-F) on the condition that this well is operated in accordance with the Till, Bassett, Harrelson, Fritz, Heinig/Olson and Forbes (aka Bobcat Ridge Estates) Augmentation Plan approved by the Division 5 Water Court in case no. 00CW136. If this well is not operated in accordance with the terms of said decree, it will be subject to administration including orders to cease diverting water. Approved as a well on a residential site of 7.360 acre(s) described as lot 9, Cottonwood Hollow Subdivision, Garfield County. Further identified as, 0206 Cotton Hollow Lane, Carbondale, CO 81623. The use of ground water from this well, diverted under this permit; is limited to ordinary household purposes inside one (1) single family dwelling, and the irrigation of not more than 2,500 square feet of home gardens and lawns. Such use is in addition to the uses which are already decreed in Water Court case nos. 80CW359 for the Cottonwood Hollow Subdivision (Bobcat Ridge Estates Wells). The maximum pumping rate of this well shall not exceed 15 GPM. The maximum annual amount of ground water to be appropriated shall not exceed 0.53 acre-feet. The return flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is retumed to the same stream system in which the well is located. The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 10) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 11) This well shall be located not more than 200 feet from the location specified on this permit. NOTICE: This permit has been approved for the location, use and annual appropriation as noted above and decreed in case no. 00CW136 . You are hereby notified that you have the right to appeal the issuance of this permit, by filing a written request with this office within sixty (60) days of the date of issuance, pursuant to the State Administrative Procedures Act. (See Section 24-4-104 through 106, C.R.S.) NOTE: Parcel Identification Number (PIN): 23-2393-123-02-009 �-►-ti_ �� NOTE: Assessor Tax Schedule Number. 111561 APPROVED DMW Recei •t No. 9500396 State Engineer DATE ISSUED j!" L 212001 B EXPIRATION DATEJUL 2 1 2002 • • Public and Private Land Owners Adjacent To Our Property Mark and Erin Bassett 202 Cotton Hollow Lane Carbondale, CO 81623 Donna Whitmore 210 Cotton Hollow Lane Carbondale, CO 81623 James and Mary Stokes 3057 County road 103 Carbondale, CO 81623 Bureau of Land Management P.O. Box 1009 Glenwood Springs, CO 81602 W Q2AOdddV N J c- 0 0 z (.d (0 W n FF n F#� (4 D ::::•i•i �•�•: .� ..•...•...r..•...• ELM EOLAD ' -\ •••••••••••••.••••••••••♦•••••.♦•• •••♦••♦•••••••♦•••••••••••••♦•♦•••••••••� ••iiii♦iiia•.•.♦.•.•.♦.•.•.•.•.•.•.♦.♦.•.•.♦.•.•.•••••••.♦.•••••.♦•••♦••••♦••.♦♦•♦•••• ... • . eooK0895 1c► 003 RECORDED F:3 O'CLOCK 4.M. REC N 460220 MAR 1 0 1994 MILDRED ALSOORF, GARFIELD COUNTY CLERK CONDITIONAL USE PERMIT BARRY AND JANE TILL In accordance with and pursuant to the provisions of the Garfield County Zoning Resolution of 1978, as amended, and Resolution No. 94-020 of the Board of County Commissioners of Garfield County, Colorado, State of Colorado, hereby authorizes, by Conditional Use Permit, the following activity: HOME OCCUPATION IN THE A/R/RD ZONE DISTRICT on the following described tract of land in Garfield County, Colorado: • LOT 9, COTTONWOOD HOLLOW SUBDIVISION The within Conditional Use Permit is issued subject to the conditions set forth in the 14° above-mentioned resolution, and shall be valid only during compliance with such conditions and other applicable provisions of the Garfield County Zoning Resolution, Subdivision Regulations, Building Code, and other regulations of the Board of County Commissioners of Garfield County. BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO • • BooX0895 v4cr004 STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Tuesday , the 22nd of February A.D. 19 94 , there were present: Elmer (Bucket') Arbaney , Commissioner Chairman Arnold L. Mackley , Commissioner Marian I. Smith , Commissioner Don DeFord , County Attorney Mildred Alsdorf , Clerk of the Board Chuck Deschenes , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 94-020 A RESOLUTION CONCERNED WITH THE APPROVAL OF A CONDITIONAL USE PERMIT APPLICATION BY BARRY AND JANE TILL. WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received application from BARRY AND JANE TILL for a home occupation on the following described tract of land: A tract of land known as Lot 9, Cottonwood Hollow Subdivision (in the State of Colorado and the County of Garfield); and WHEREAS, the Board held a public meeting on the 22nd day of February, 1994, upon the question of whether the above-described Conditional Use Permit should be granted or denied, at which meeting the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Conditional Use Permit; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned meeting, has made the following determination of fact: 1. That the meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 2. That the application is in compliance with the Garfield County Zoning Resolution of 1978, as amended. 3. For the above stated and other reasons, the proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. • • 800x0895 Par.r 005 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Conditional Use Permit be and hereby is authorized permitting the use of the above described tract of land for a home occupation upon the following specific conditions: 1. All representations of the applicant, either contained in the application or stated at the public meeting, shall be considered conditions of approval unless stated otherwise. 2. Any expansion or modification of the home occupation shall require the applicant to file a new Conditional Use Permit application. Dated this 7 t h day of March , A.D. 19 94 . ATTEST: Cle of the Board vote: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Chairman --e-e---r -2° Upon motion duly made and seconded the foregoing Resolution was adopted by the following Elmer (Buckey) Arbaney Arnold L. Mackley Marian I. Smith STATE OF COLORADO ) )ss County of Garfield ) , Aye , Aye , Aye I, , County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 19 . County Clerk and ex -officio Clerk of the Board of County Commissioners Please Return Recorded Document To: NORWEST MORTGAGE, INC. DOCUMENT MANAGEMENT P.O. BOX 980 FREDERICK, MD 21705-0990 [Space Above This Line for Recording Data] DEED OF TRUST 4736648M EX THIS DEED OF TRUST ("Security Instrument") is made on MARCH.2a,.1.99N among the grantor, BARRY C. TILL AND JANE A. HENZEL-TILL ("Borrower"), the Public Trustee of EiARFIELP County ("Trustee"), and the beneficiary, ..1IQ11W1:4T.MORTQAQE,.JM , which is organized and existing under the laws of TJJE�T.AIE.QF..C.ALIEQRJtLA , and whose address is ...40 .SW.FlF.TH.SXR U..DFS.M0lNES..IA..5 309 ("Lender"). Borrower owes Lender the principal sum of ...ONE. IINPRED.SEYEN.SIARIJSAND.ANR NO/100 Dollars (U.S. $ ....lSt7.4(lIlVO ) This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on APRIL 'It 2028 This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower, in consideration of the debt and trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in GARFIELD County, Colorado: LEGAL DESCRIPTION IS ATTACHED HERETO AS SCHEDULE 'A" AND MADE A PART HEREOF. which has the address of CARBONDALE 0206 COTTON HOLLOW LANE [City] [Street) , Colorado 81623 [Zip Code] ("Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. Single Family — FNMA/FHLMC UNIFORM INSTRUMENT FORM 3006 01/91 (Page 1 of 6 Pages) EC905L Rev. 08/07/97 COLORADO r • • THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ('Funds') for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval Single Family FNMA/FHL.MC UNIFORM INSTRUMENT FORM 3006 01/91 (Page 2 of 6 Pages) EC905L Rev. 08/07/97 COLORADO (R1*- • 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrowers interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice. to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Single Family — FNMA/FHLMC UNIFORM INSTRUMENT FORM 3006 01/81 (Page 4 of 6 Pages) COLORADO EC905L Rev. 06/07/97 pAr • • which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30 -day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. if Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one -twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a Toss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. Single Family — FNMA/FHLMC UNIFORM INSTRUMENT FORM 3006 01/91 (Page 3 of 6 Pages) COLORADO EC905L Rev. 08/07)97 • • Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, reasonable attorneys' fees and costs of title evidence. Single Family — FNMA/FHI.MC UNIFORM INSTRUMENT COLORADO FORM 3006 01/91 (Page 5 of 6 Pages) EC905L Rev. 08/07/97 qxr • • If Lender invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Lender shall mail a copy of the notice to Borrower as provided in paragraph 14. Trustee shall record a copy of the notice in the county in which the Property is located. Trustee shall publish a notice of sale for the time and in the manner provided by applicable law and shall mail copies of the notice of sale in the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. Atter the time required by applicable law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder for cash at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's certificate describing the Property and the time the purchaser will be entitled to Trustee's deed. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall request that Trustee release this Security Instrument and shall produce for Trustee, duly cancelled, all notes evidencing debts secured by this Security Instrument. Trustee shall release this Security Instrument without further inquiry or liability. Borrower shall pay any recordation costs and the statutory Trustee's fees. 23. Waiver of Homestead. Borrower waives all right of homestead exemption in the Property. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] ❑ Adjustable Rate Rider ❑ Condominium Rider ❑ 1-4 Family Rider ❑ Graduated Payment Rider ® Planned Unit Development Rider ❑ Biweekly Payment Rider ❑ Balloon Rider ❑ Rate Improvement Rider ❑ Second Home Rider ❑ Prepayment Rider ❑ Other(s) [specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: STATE OF COLORADO COUNTY OF GARFIELD =i/t4e) ?iRtirEN2--_-TIV/e41174"-Borrower KRISTINE LEAHY NOTARY PUBLIC STATE OF COLORADO My Commission Expires Sept. 10, 2000 THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON MARCH 25,1998, [Space Below This Line for Acknowledgment] BY: BARRY C. TILL AND JANE A. HENZEL-TILL WITNESS MY HAND AND OFFICIAL SEAL Single Family — FNMA/FHLMC UNIFORM INSTRUMENT COLORADO Notary FORM 3006 (Page 6 of 6 Pages) EC905L Rev. 09/24/97 • RECORDATION REQUESTED BY: MESA NATIONAL BANK 1429 Grand Avenue Glenwood Springs, CO 81601 WHEN RECORDED MAIL TO: MESA NATIONAL BANK 1429 Grand Avenue{ Glenwood Springs, CO 81601.c41Y Q F" COPDED AT A' g .04 t 'C 432481 0 coDEED OF TRUST THIS DEED OF TRUST IS DATED APRIL 10, 1992, among BARRY C TILL and JANE A HENZEL-TILL, whose address is 3335 RD. 113, CARBONDALE, CO 81623 (referred to below as "Grantor"); MESA NATIONAL BANK, whose address is 1429 Grand Avenue, Glenwood Springs, CO 81601 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and the Public Trustee of GARFIELD County, Colorado (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Grantor hereby Irrevocably grants, transfers and assigns to Trustee for the benefit of Lender as Beneficiary all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, located in GARFIELD County, State of Colorado (the Real Property"): BOOK 828 PAGE 3G3 O'CLOCK ?. M. APR 1 3 1992 MILDRED ALSDORF, COUNTY CLERK SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY LOT 9, COTTONWOOD HOLLOW SUBDIVISION, ACCORDING TO THE PLAT RECORDED OCTOBER 1, 1984 AS RECEPTION NO. 356154, AND AMENDED PLAT OF LOTS 9 & 10 COTTONWOOD HOLLOW SUBDIVISION, RECORDED JANUARY 24, 1991 AS RECEPTION NO 420636. COUNTY OF GARFIELD STATE OF COLORADO The Real Property or its address is commonly known as 0206 COTTONWOOD HOLLOW LANE, CARBONDALE, CO 81623. Grantor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants Lender a Uniform Commercial Code security interest in the Rents and the Personal Property defined below. DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust. Terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code. All references to dollar amounts shalt mean amounts in lawful money of the United States of America. Beneficiary. The word "Beneficiary" means MESA NATIONAL BANK, its successors and assigns. MESA NATIONAL BANK also is referred to as 'Lender" in this Deed of Trust. Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Grantor, Lender, and Trustee, and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Grantor. The word "Grantor" means any and all persons and entities executing this Deed of Trust, including without limitation BARRY C TILL and JANE A HENZEL—TILL. Guarantor. The word "Guarantor" means and includes without limitation, any and all guarantors, sureties, and accommodation parties in connection with the Indebtedness. Improvements. The word "Improvements" means and includes without limitation all existing and future improvements, fixtures, buildings, structures, mobile homes affixed on the Real Property, facilities, additions and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal and interest payable under the Note and any amounts expended or advanced by Lender to discharge obligations of Grantor or expenses incurred by Trustee or Lender to enforce obligations of Grantor under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust. Lender. The word "Lender" means MESA NATIONAL BANK, its successors and assigns. Note. The word "Note" means the Note dated April 10, 1992, in the principal amount of $20,000.00 from Grantor to Lender, together with all renewals, extensions, modifications, refinancings, and substitutions for the Note. The maturity date of this Deed of Trust is April 1, 1997. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the property, interests and rights described above in the "Conveyance and Grant" section. Related Documents. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. Trustee. The word 'Trustee" means the Public Trustee of GARFIELD County, Colorado. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL OBLIGATIONS OF GRANTOR UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Grantor shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Grantor's obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (a) remain in possession and control of the Property, (b) use, operate or manage the Property, and (c) collect any Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Hazardous Substances. The terms "hazardous waste," "hazardous substance," "disposal," "release," and "threatened release," as used in this 04-10-1992 DEED OF TRUST (Continued) •• BOOK 828 PAGE 367 Page 2 Deed of Trust, shall have the same meanings as set forth in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 49 U.S.C. Section 6901, et seq., or other applicable state or Federal laws, rules, or regulations adopted pursuant to any of the foregoing. Grantor represents and warrants to Lender that: (a) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any hazardous waste or substance by any person on, under, or about the Property; (b) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (i) any use, generation, manufacture, storage, treatment, disposal, release, or threatened release of any hazardous waste or substance by any prior owners or occupants of the Property or (ii) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (c) Except as previously disclosed to and acknowledged by Lender in writing, (i) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of, or release any hazardous waste or substance on, under, or about the Property and (ii) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation those laws, regulations, and ordinances described above. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for hazardous waste. Grantor hereby (a) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws, and (b) agrees to indemnify and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Deed of Trust, including the obligation to indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Specifically without limitation, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), soil, gravel or rock products without the prior written consent of Lender. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without the prior written consent of Lender. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and its agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Property for purposes of Grantor's compliance with the terms and conditions of this Deed of Trust. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon nor leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at its option, declare immediately due and payable all sums secured by this Deed of Trust upon the sale or transfer, without the Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest therein; whether legal or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease -option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of Real Property interest. If any Grantor is a corporation or partnership, transfer also includes any change in ownership of more than twenty-five percent (25%) of the voting stock or partnership interests, as the case may be, of Grantor. However, this option shatl not be exercised by Lender if such exercise is prohibited by federal law or by Colorado law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are a part of this Deed of Trust. Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of Trust. Right To Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and reasonable attorneys' fees or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender, together with such other hard and liability insurance as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Grantor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least ten (10) days' prior written notice to Lender. Should the Real Property at any time become located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance to the extent such insurance is required and is or becomes available, for the term of the loan and for the full unpaid principal balance of the loan, or the maximum limit of coverage that is available, whichever is less. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at its election, receive and retain the proceeds and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. Unexpired Insurance at Sale. Any unexpired insurance shall inure to the benefit of, and pass to, the purchaser of the Property covered by this Deed of Trust at any trustee's sale or other sale held under the provisions of this Deed of Trust, or at any foreclosure sale of such Property. TAX AND INSURANCE RESERVES. Subject to any limitations set by applicable law, Lender may require Grantor to maintain with Lender reserves for payment of annual taxes, assessments, and insurance premiums, which reserves shall be created by advance payment or monthly payments of a sum estimated by Lender to be sufficient to produce, at least fifteen (15) days before due, amounts at least equal to the taxes, assessments, and insurance premiums to be paid. If fifteen (15) days before payment is due the reserve funds are insufficient, Grantor shall upon demand pay any deficiency to Lender. The reserve funds shall be held by Lender as a general deposit from Grantor, which Lender may satisfy by payment of the taxes, assessments, and insurance premiums required to be paid by Grantor as they become due. Lender shall have the right to draw upon the reserve funds to pay such 04-10-1992 .S BOOK 828 pMGE3CS DEED OF TRUST ell Page 3 (Continued) items, and Lender shall not be required to determine the validity or accuracy of any item before paying it. Nothing in the Deed of Trust shalt be construed as requiring Lender to advance other monies for such purposes, and Lender shall not incur any liability for anything it may do or omit to do with respect to the reserve account. All amounts in the reserve account are hereby pledged to further secure the Indebtedness, and Lender is hereby authorized to withdraw and apply such amounts on the Indebtedness upon the occurrence of an Event of Default. Lender shall not be required to pay any interest or earnings on the reserve funds unless required by law or agreed to by Lender in writing. Lender does not hold the reserve funds in trust for Grantor, and Lender is not the agent of Grantor for payment of the taxes and assessments required to be paid by Grantor. EXPENDITURES BY LENDER. If Grantor fails to comply with any provision of this Deed of Trust, or if any action or proceeding is commenced that would materially affect Lender's interests in the Property, Lender on Grantor's behalf may, but shall not be required to, take any action that Lender deems appropriate. Any amount that Lender expends in so doing will bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses, at Lender's option, will (a) be payable on demand, (b) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (i) the term of any applicable insurance policy or (ii) the remaining term of the Note, or (c) be treated as a balloon payment which will be due and payable at the Note's maturity. This Deed of Trust also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of the default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust. Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Grantor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Trustee or Lender under this Deed of Trust, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees, Trustee or Lender in connection with the condemnation. Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments as may be requested by it from time to time to permit such participation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Deed of Trust: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for ail taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust. Taxes. The following shall constitute taxes to which this section applies: (a) a specific tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (b) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (c) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note; and (d) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the same effect as an Event of Default (as defined below), and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (a) pays the tax before it becomes delinquent, or (b) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust. Security Agreement. This instrument shall constitute a security agreement to the extent any of the Property constitutes fixtures or other personal property, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall execute financing statements and take whatever other action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall assemble the Personal Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party), from which information concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code), are as stated on the first page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of this Deed of Trust. Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreement, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (a) the obligations of Grantor under the Note, this Deed of Trust, and the Related Documents, and (b) the liens and security interests created by this Deed of Trust as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or agreed to the contrary by Lender in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Attorney -In -Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. Trustee may, upon production of the Note duly cancelled, release this Deed of Trust, and such release shall constitute a release of the lien for all such additional sums and expenditures made pursuant to this Deed of Trust. Lender agrees to cooperate with Grantor in obtaining such release and releasing the other collateral securing the Indebtedness. Any release fees required by law shall be paid by Grantor, if permitted by applicable law. DEFAULT. Each of the following, at the option of Lender, shall constitute an event of default ("Event of Default") under this Deed of Trust: Default on Indebtedness. Failure of Grantor to make any payment when due on the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Deed of Trust to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note or in any of the Related Documents. If such a failure is curable and if Grantor has not been given a notice of a breach of the same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) if Grantor, after Lender sends written notice demanding cure of such failure: (a) cures the failure within twenty (20) days; or (b) if the cure requires more than twenty (20) days, immediately initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps sufficient to 04-10-1992 •• BOOK 82S PAGE369 DEED OF TRUST IP. Page 4 (Continued) produce compliance as soon as reasonably practical. Breaches. Any warranty, representation or statement made or furnished to Lender by or on behalf of Grantor under this Deed of Trust, the Note or the Related Documents is, or at the time made or furnished was, false in any material respect. Insolvency. The insolvency of Grantor, appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor, or the dissolution or termination of Grantor's existence as a going business (if Grantor is a business). Except to the extent prohibited by federal law or Colorado law, the death of Grantor (if Grantor is an individual) also shall constitute an Event of Default under this Deed of Trust. Foreclosure, etc. Commencement of foreclosure, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor against any of the Property. However, this subsection shall not apply in the event of a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the foreclosure, provided that Grantor gives Lender written notice of such claim and furnishes reserves or a surety bond for the claim satisfactory to Lender. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or such Guarantor dies or becomes incompetent. Lender, at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure the Event of Default. Insecurity. Lender in good faith has reasonable cause to believe it is insecure or that its collateral is impaired. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter, Trustee or Lender, at its option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option to declare the entire Indebtedness immediately due and payable, including any prepayment penalty which Grantor would be required to pay. Foreclosure. Lender shall have the right to cause all or any part of the Real Property, and Personal Property, if Lender decides to proceed against it as if it were real property, to be sold by the Trustee according to the laws of the State of Colorado as respects foreclosures against real property. The Trustee shall give notice in accordance with the laws of Colorado. The Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of the sale, including but not limited to Trustee's fees, attorneys' fees, and the cost of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled to the excess. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of and manage the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney-in-fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Receiver may be appointed by a court of competent jurisdiction upon ex parte application and without notice, notice being expressly waived. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (a) pay a reasonable rental for the use of the Property, or (b) vacate the Property immediately upon the demand of Lender. Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Note or by law. Sale of the Property. In exercising its rights and remedies, Lender shall be free to designate on or before it files a notice of election and demand with the Trustee, that the Trustee sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Upon any sale of the Property, whether made under a power of sale granted in this Deed of Trust or pursuant to judicial proceedings, if the holder of the Note is a purchaser at such sale, it shall be entitled to use and apply all, or any portion of, the Indebtedness for or in settlement or payment of all, or any portion of, the purchase price of the Property purchased, and, in such case, this Deed of Trust, the Note, and any documents evidencing expenditures secured by this Deed of Trust shall be presented to the person conducting the sale in order that the amount of Indebtedness so used or applied may be credited thereon as having been paid. Waiver; Election of Remedies. A waiver by any party of a breach of a provision of this Deed of Trust shall not constitute a waiver of or prejudice the party's rights otherwise to demand strict compliance with that provision or any other provision. Election by Lender to pursue any remedy provided in this Deed of Trust, the Note, in any Related Document, or provided by law shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Deed of Trust after failure of Grantor to perform shall not affect Lender's right to declare a default and to exercise any of its remedies. Attorneys' Fees; Expenses. If Lender forecloses or institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and on any appeal. Whether or not any court action is involved, all reasonable expenses incurred by Lender which in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's reasonable attorneys' fees not in excess of fifteen percent (15%) of the unpaid debt after default and referral to an attorney not a salaried employee of Lender, whether or not there is a lawsuit, including reasonable attorneys' fees for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals and any anticipated post -judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, appraisal fees, title insurance, and foes for the Trustee, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of Trust. Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following actions with respect to the Property upon the written request of Lender and Grantor: (a) join in preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any restriction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust. Obligations to Notify. Trustee shall not be obligated to notify any other party of a pending sale under any other trust deed or lien, or of any action or proceeding in which Grantor, Lender, or Trustee shall be a party, unless the action or proceeding is brought by Trustee. Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. NOTICES TO GRANTOR AND OTHER PARTIES. Any notice under this Deed of Trust shall be in writing and shall be effective when actually delivered or, if mailed, shall be deemed effective when deposited in the United States mail first class, registered mail, postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. All copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust. For notice purposes, Grantor agrees to keep Lender and Trustee informed at all times of Grantor's current address. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. 04-10-1992 •• BOOK 82S P4GE370 DEED OF TRUST • • Page 5 (Continued) Applicable Law. This Deed of Trust has been delivered to Lender and accepted by Lender In the State of Colorado. This Deed of Trust shall be governed by and construed in accordance with the laws of the State of Colorado. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Multiple Parties. All obligations of Grantor under this Deed of Trust shall be joint and several, and all references to Grantor shall mean each and every Grantor. This means that each of the persons signing below is responsible for all obligations in this Deed of Trust. Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be invalid or unenforceable as to any person or circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feasible, any such offending provision shall be deemed to be modified to be within the limits of enforceability or validity; however, if the offending provision cannot be so modified, it shall be stricken and all other provisions of this Deed of Trust in all other respects shall remain valid and enforceable. Statement of Obligation. Lender may collect a reasonable fee for furnishing any statement requested by Grantor regarding the Indebtedness or other obligations secured by this Deed of Trust. Successors and Assigns. Subject to the limitations stated in this Deed of Trust on transfer of Grantor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or liability under the Indebtedness. Time Is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waivers and Consents. Lender shall not be deemed to have waived any rights under this Deed of Trust (or under the Related Documents) unless such waiver is in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by any party of a provision of this Deed of Trust shall not constitute a waiver of or prejudice the party's right otherwise to demand strict compliance with that provision or any other provision. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or any of Grantor's obligations as to any future transactions. Whenever consent by Lender is required in this Deed of Trust, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required. Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Colorado as to all Indebtedness secured by this Deed of Trust. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH GRANTOR AGREES TO ITS TERMS. GRANTOR: X BARRY C TILL STATE OF CoJor) COUNTY OF a � /1 INDIVIDUAL ACKNOWLEDGMENT ) )SS On this day before me, the undersigned Notary Public, personally appeared BARRY C TILL and JANE A HENZEL—TILL, to me known to be the individuals described in and who executed the Deed of Trust, and acknowledged that they signed the Deed of Trust as their free and voluntary act and deed, for the uses and purposes therein mentioned. `, oo 1Q. Given By ery hand and official seal this Notary t?itllf Ja otpi $tate;i LASER PR0t4fr11a/er. 3,114%99 CJYe rtkers Service Group, Inc. All rights reserved. (C0-010 TILL.LN) '\ day of Residing at JL- ,1a qZ. ©g� � , e�/<ca /z/7 3 /f My commission expires