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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com Special Use Permit GENERAL INFORMATION (To be completed by the applicant.) ➢ Street Address / General Location of Property: 0150 COUNTY ROAD 126, GLENWOOD SPRINGS, CO 81601 ➢ Legal Description: SEE TMPROVFMENT SURVEY ATTACHED HERETO AS EXHIBIT A. ➢ Existing Use & Size of Property in acres: RESIDENTIAL/ 10.5 ACRES > Description of Special Use Requested: ACCESSORY DWELLING UNIT (STRUCTURE EXISTING AND IN PLACE) > Zone District: ARRD ➢ Name of Property Owner (Applicant): GEORGE W. AND JERI L. SHERICK ➢ Address:0150 COUNTY ROAD 126 Telephone:945-2719 ➢ City: GLENWOOD SPPTNGS State: co Zip Code: 81601 FAX: > Name of Owner's Representative, if any (Attorney, Planner, etc): TIMOTHY A. THULSON > Address:818 COLORADO AVE Telephone:945-6546 ➢ City: GLENWOOD SPRINGS State: CO Zip Code: 81601 FAX: 945-8902 STAFF USE ONLY ➢ Doc. No.: Date Submitted: TC Date: ➢ Planner: Hearing Date: EDWARD MULHALL, JR. SCOTT BALCOMB LAWRENCE R. GREEN TIMOTHY A. THULSON DAVID C. HALLFORD CHRISTOPHER L. COYLE. THOMAS J. HARTERT CHRISTOPHER L. GEIGER ANNE MARIE MCPHEE SARA M. DUNN DANIEL C, WENNOGLE SCOTT GROSSCUP VIA: Hand Delivery BALCOMB & GREEN, P.C. ATTORNEYS AT LAW P.O. DRAWER 790 818 COLORADO AVENUE GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE; 970.945.6546 FACSIMILE: 970.94 5.8902 www.balcoinbgreen.com November 28, 2005 Mark Bean Garfield County Building and Planning 108 8th, Ste. 201 Glenwood Springs, CO 81601 OF COUNSEL: KENNETH BALCOMB 1920-2005 JOHN A. THULSON SPECIAL COUNSEL: WALTER D. LOWRY Re: Application for Accessory Dwelling Unit/George and Jeri Sherick/0150 County Road 126, Glenwood Springs CO 81601 Dear Mark: I enclose herewith for filing in your office the above -entitled Application for Accessory Dwelling Unit. I have also included herewith a check made payable to the County Treasurer in the amount of $400.00 to cover the base fee and an executed agreement for payment form. Should you have any questions or concerns regarding any of the above, please feel free to contact me at your convenience. By TAT/pb Enclosure cc: George Sherick Very truly yours, BALCOMB & GREEN, P.C. 'I im 7-3 Y.� Y -r 4i' 11 1 2005 . ;••X; I. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. 2. 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 to demonstrate that you have legal and adequate water for the proposed use. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed 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. Submit a vicinity map showing slope / topography of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all the subject property and public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, public and private landowners and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the Assessor's Office. We will also need the names (if applicable) of all mineral right owners of the subject property. (That information can be found in your title policy under Exceptions to Title). 6. Submit a copy of the deed and a legal description of the subject property. 7. 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. 8. Submit an statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; 9. Depending on the type of Special Use Permit requested, you may need to respond to additional review standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 & 5.03.08], Accessory Dwelling Units [section 5.03.21], Utility line/Utility Substations, etc. Specific sections of the Zoning Resolution which can be located on the Garfield County web site at http://www.garfield-county.com/building and planninq/index.htm, or information can be obtained from this office 10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. 11. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. II. PROCEDURAL REQUIREMENTS (The following steps outline how the Special Use Permit Application review process works in Garfield County.) 1. Submit this completed application form, base fee, and all supplemental information to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete. In addition, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Special Use. (If Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested Special Use and the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed special use and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. In addition, the Applicant shall provide proof, at the hearing, that proper notice was provided. 5. Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the which is corre tements above and have provided the required attached information accurate to the best of my knowledge. (Signre of applicant/owner) Last Revised: 07/25/2005 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and GEORGE W. SHERICK (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for SPF.CIAT. USE PERMIT/ACCESSORY DWELLING UNIT (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. Date: November 28, 2005 GEORGE W. SHERICK Print Name Mailing Address: c/0 TIMOTHY A. THULSON 818 COLORADO AVE. GLENWOOD SPRINGS CO 81601 10/2004 Page 4 APPLICATION FOR SPECIAL USE PERMIT NARRATIVE RESPONSE 1. Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. This is an application for Accessory Dwelling Unit ("ADU") complying with Section 5.03.021 for an existing structure originally constructed in the year 1999 on the property of George W. and Jeri L. Sherick (collectively hereinafter "Applicant"), to wit: 1) Applicant's property exceeds 10 /2 acres in size and the building site upon which the ADU has been located exceeds the required two acres/40% slope requirement; 2) the gross floor area for the ADU is 1,020 square feet which is less than the allowed maximum gross floor area requirement of 1,500 square feet; 3) Applicant's property is not contained within a platted subdivision nor is it subject to any restrictive covenants for which the approval of a subdivision homeowners association would be required; 4) the ADU is presently serviced by a domestic exempt well, Colorado Division of Water Resources Permit No. 121860. A copy of said well permit together with the Well Completion and Pump Installation Report for the same is collectively attached hereto as Exhibit B. Although the well permit has been stamped as expired, Applicant has confirmed with the Division of Water Resources, Water Division 5, that the well permit is in fact valid. A copy of the correspondence from Mr. Dwight Whitehead confirming this fact is attached hereto as Exhibit C. Addition of the ADU will remove the well permit from exempt status thus requiring that all diversions be augmented. Applicant falls within District A of the West Divide Water Conservancy District and has made contract to the District for this augmentation supply. A copy of Applicant's application to lease water from the District is attached hereto as Exhibit D. 5) The ADU, consisting of a garage, an office and a bedroom, is connected to the same septic system servicing Applicant's primary dwelling unit, which itself contains two bedrooms. This system which consists of 1,000 gallon septic tank and leach field is designed adequately to service such use (combined bedroom total of 3). A copy of the Individual Sewage Disposal Permit, permit no. 1349, issued by the Garfield County Building and Sanitation Department on November 7, 1983 is attached hereto as Exhibit E. 6) Applicant will utilize the ADU solely for Applicant's use and/or leasehold use. 7) Applicant is in the process of making application with the Garfield County Building and Planning Department for the issuance of an after -the -fact building permit for the ADU structure. Applicant agrees to condition any approval issued in conjunction with this application upon its ability to receive from the Garfield County Building and Planning Department all required building permits and approvals. 2. 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 to demonstrate that you have legal and adequate water for the proposed use. See Applicant's response to Submittal Requirement 1. hereinabove. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed 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. See Exhibit A attached hereto. Applicant's property is accessed via County Road 126. Applicant proposes no new or expanded access onto said County Road 126. 4. Submit a vicinity map showing slope / topography of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. See Exhibit A attached hereto. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all the subject property and public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, public and private landowners and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the Assessor's Office. We will also need the names (if applicable) of all mineral right owners of the subject property. (That information can be found in your title policy under Exceptions to Title). See Exhibit F attached hereto. 6. Submit a copy of the deed and a legal description of the subject property. Applicant's vesting deed is attached hereto as Exhibit G. Applicant would note that Applicant's property was created pursuant to exemption approval issued by the Board of County Commissioners under unrecorded Resolution # 78-20, a copy of which is attached hereto as Exhibit H. 7. 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 See Exhibit I attached hereto. 8. Submit an statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. See responses set forth under Submittal Requirements 2 and 3 hereinabove. All other utilities are in place. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; All required street improvements are existing and in place. (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; As presently constructed and in place, the ADU minimally impacts adjacent properties by way of lighting and intensity of use. 11-02-2005 15:37 FROM-DIV519ATERES WRJ+�-Rev. 76 9709458741 T-260 P.006 fr COLORADO DIVISION OF WATDr RESOa"r.4D 818 Centennial Bldg., 1313 Sherman St, __ nver, Col 77 GG . . _ AUO2719Qt PERMIT APPLICATION FORM au ImAOURCEi Application must be complete where ( I A PERMIT TO USE GROUND WATEffilla DISINEFAI applicable. Type or OQ A PERMIT TO CONSTRUCT A WELL I print in BLACK FOR: ( I A PERMIT TO INSTALL 4 PUMP INK. No overstrikes or erasures unless I ) REPLACEMENT FOR NO. initialed. ( ) OTHER WATER COURT CASE NO F-105 1 RECEIVED JUL 1 3 1981 IrATER RESOURCES WAIL ENGINEER aa.o. (1) APPLICANT - mailing address NAME 4`- ,5OR g E" µ,/ • SHERI CK STREET 15Zi LI. 6TH. .St A. CITY 4/.ENAJ000 SPR. Co. A/b01 (Slate) (ZIP) TELEPHONE NO Cite- au/ 9 (2) LOCATION OF PROPOSED WELL County AR2 F ieto NE Y of the Nr 'h Section Twp.—.Z— S Brig, _99 sfl 4 re P.M. N,al IE,WI (3) WATER USE AND WELL DATA Proposed maximum pumping rate (ppm) Average annual amount of ground water to bo appropriated (acre•faet)' As- GeAS, Number of acres to be irrigated. S n . Proposed total depth (teetl' .200 Aquifer ground water is io bo obtained from: ZAIM f ,Qi iqa „goat - / oar/ Owner's well designation /1/04 GROUND WATER TO SE USED FOR: 0• W4jKI HOUSEHOLD USE ONLY • no irrigation 10) DOMESTIC (1) ( ) INDUSTRIAL (5) ) LIVESTOCK 12) ( ) IRRIGATION (8) 1 I COMMERCIAL (4) ( ) MUNICIPAL (8) 1 OTHER (9) DETAIL THE USE ON BACK IN (1 I) (4) DJiILLER Name KUCHLER 'S WATER Street p9• Eax /30a City /flON7"ROSO Co. (Cleo Telephone No. 976—.?st36 Lic No RECEIVED TIME W�4.4.5 (Lip A6¢ FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No 17 305 / Basin Dist CONDITIONS OF APPROVAL This well shall be used in such a way as to cause np, material injury to existing water rights. The Issuance of the permit does not assure the applicant That no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. APPROVED FOR HOUSEHOLD USE ONLY, FOR ONE (1) SINGLE FAMILY DWELLING AND NOT TO BE USED FOR IRRIGATION. THE RETURN FLOW FROM THE USE OF THIS WELL MUST BE RETURNED TO THE SAME STREAM SYSTEM IN WHICH WE WELD IS LOCATE%, DA iE3W APPLICATION APPROVED PERMIT NUMBER 121860 DATE ISSUED AUG 311981 EXPIRATION PATEAUG31 1983 ��� C (S TEAaEN Exhibit B 11-02-2005 15:37 FROM-DIV5WATERES 9709458741 T-260 P.007/017 F-105 (5) THE LOCATION OF THE PROPOSED WELL and the area on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. 1 MILE, 5780 FEET ---yI + + + + + + -I-- + + I I NORTH SECTION LI 1• - - - + - ) - 4- ( SOUTH SECTION LINE -k -4 - -i-- -F----f-- +-- The scale of the diagram is 2 inches = I mile Each smell square represents 40 acres, I T I I 16) THE WELL MUST BE LOCATED BELOW by distances from section lines. _ .$0 S ft. from /Vo&P`7^H sec. line (north or soup) Aug 41. ft. from Eves r (bet or wen) LOT — BLOCK Fe lino - FILING • — SUBDIVISION NA (7) TBACT ON WHICH WELL WILL BE LOCATED Owner: OEC.efe 41• SideR/Ck No. of acres /O Will this be the only well on this tract? JAFS (6) PROPOSED CASING PROGRAM Plain Casing 4 in from ft. to .QO ft. from _—ft toa.ft Perforated casing 4 in from /8o ft. to a00 ft. in from ft, to ft. WATER EQUIVALENTS TABLE (Rounded Figures) An acre -loot covers 1 etre of land 1 loot deep 1 cubic foot per second ION— 449 gallons par minute Wpm) A family or 6 will require approximately 1 acre•lbbI of water par year. I acre-foot ... 43,560 cubic feet .. , 325.900 gallons. 1.000 ppm pumped continuously lot one day produces 4.42 ecre•leel. (9) FOR REPLACEMENT WELLS glvedistance and direction from old wall and plans for plugging it: /Vq (10) LAND ON WHICH GROUND WATER WILL BE USED' Owner(s): f7eoe0E W. SNSttJCae 7 No, of acres: J Legal description: / (11) DETAILED DESQRIPTION. of the use of ground water: Household use and domestic wells must Indicate type of disposal • system to be used, /4,eisa_ De //.4F SeAria T NK S 4egcw A-q.co (12) OTHER WATER FIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Used for (purpose) Description of land on which used NA (13) THE APPLICANT(S)- STATE(S)' THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. • & ntie -fa. -76:142a#4, SIGNATURE OF APPLICANT(S) Use additional sheets of paper if more space is required. RECEIVED TIME NOV. 2. 3:44PM 11-02-2005 15:36 FROM-DIV5WATERES WDA -26.77 -THIS FORM MUST BE SUBMITTED WITHIN BO DAYS OF COMPLETION OF THE WORK DESCRIBED HERE- ON, TYPE OR PRINT IN BLACK INK.. 9709458741 COLORADO DIVISION OF WATER RESOURCES 1313 Sherman Street • Room 818 Denver, Colorado 60203 WELL COMPLETION AND PUMP INSTALLATION REPORT PERMIT NUMBER 11/160 WELL OWNER 6EOR3F WI ADDRESS ftl t % S7 Cr�eNwoodl Spg7143Sr coin zmol &/2.p 1913 DATE COMPLETED WELL LOG From To Type and Color of Material Water Loc. 0/ 60/ 80/ be' SO/ pve-geaR.De& wzTN 6ASALT BoulDERS pAQK CigEY,SrrcKK CIAY Sam SuI4ER WSTEQS Q0/ 360# Use additional GREY SHALE wan+ Son, 6' SAIii DY SHALE LAYCRS, CYDDD 14RT6R 270- 280/ I TOTAL DEPTH 360 pages necessary to complete log. T-260 P.002 F-105 -.RECEIVED NOV-41983 $TAiME• ENOryff rota, N€ yof the MC Yof Sec. T S , R. 77 Lti HOLE DIAMETER IC / 1 / in from Cd to �_ .__(_ in. from _to 360 ft in from.; DRILLING. METHOD CASING RECORD: Size —kf & kind to 1t g1R tora-cy i PN Plain Casing ;TEatrom to r IS- ft Size �/ & kind PVC. from rC /to 36 O ft Size __` & kind from _to ft. // Size , 7 & kind Size & kind Size ____ & kind GROUTING RECORD Material Intervals Perforated Casing PVC from Y2Q to 367/tt from to ft from to ft CEMN� /$p/ Placement Method nem N1, E GRAVEL PACK: Size Interval 9' TEST DATA Date Tested 378 // M vii 200 , :bo (p/.2_o 190. Static Water Level Prior to Test 7 t Type of Test Pump ft Length of Test j haat Sustained Yield (Metered) 4- S g psi Final Pumping Water Level 3 60 RECEIVED TIME NOV. 2. 3:44PM 11-02-2005 15:36 FROM-DIV5WATERES PUMP -INSTALLATION REPORT Pump Make Type Powered by HP Pump Serial No. Motor Serial No, Date Installea Pump Intake Depth Remarks WELL TEST DATA WITH PERMANENT PUMP Date Tested Static Water Level Prior to Test __._.____ _ Length.Of Test Hours Sustained yield (Metered)—.,-___._____ GPM Pumping Water Level Remarks 9709458741 T-260 P.003 F-105 WATER \ TABLE 0 I - CONE OF DEPRESSION CONTRACTORS STATEMENT The undersigned, being duly sworn upon oath, deposes and says that he is the contractor of the well or pump installation described hereon; that he has read the statement made hereon; knows the content thereof, and that the sane is true of his own �k/noowledge. Signature es.,_ eth• / n State of Colorado, County of 97 Asi-C c r f !h • Subscribed and sworn to Delete me this 47' day of My Comamission expire • e3 19 • NO'tary Public n r/GS License No (079 SS is <R -j FORM TO BE MADE OUT OVAD UPLICATE: WHITE FORM must be an original copy on both sides end signed. WHITE AND GREEN eopios must be tiled with the stale Engineer. PINK COPY is for the Owner and YELLOW COPY Is for the Driller. RECEIVED TIME NOV. 2. 3:44PM 11-02-2005 15:3T FROM-DIV5WATERES WP -26-77 THIS FORM MUGT BE SUBMITTED WITHIN 60 DAYS OF COMPLETION OF THE WORK DESCRIBED HeRE• ON. TYPE OR PRINT IN BLACK INK. WELL OWNER 9709458741 COLORADO DIVISION OF WATER RESOURCES 1313 Sherman Street • Room 818 Denver, Colorado 80203 It WELL COMPLETION AND PUMP INSTALLATION REPORT PERMIT NUMBER 121660 Garfield County of the PNP 'A of Sec. 9 T-260 P.004 F-105 George W. Sheriok ADDRESS 158 N. 6th St- y'2 Glenwood Springs, Co. 81601 DATE COMPLETED 19 WELL LOG From To Type and Color of Material Water Lot. Use additional TOTAL DEPTH pages necessary to complete log. HOLE DIAMETER , R. R9 JEI 6th P in. from to in. from to in from DRILLING METHOD CASING RECORD: Size & kind Size— & kind Size _ & kind to ft. ft ft Plain Casing from from from Patented Casing to ft. to ft to ft. Size _ & kind from to ft. Size . & kind from to _ ft Size & kind from to ft. GROUTING RECORD Material Intervals Placement Method GRAVEL PACK: Size Interval TEST DATA Date Tested 19 Static Water Level Prior to Test ft. it p'e of Test Pump LAngtlwf Test 'Sustain -ad Yield (Metered) Final Pumping Water Level RECEIVED TIME NOV. 2. 3:44PM 11-02-2005 15:37 FROM-DIV5VIATERES ft, Pl{MP:irO LLATION REPORT Pump Make GOLtlds Type 7E11104.22 Powered by Electric HP _ 1 Pump Serial No L023677 Motor Serial No. F83 Date Installed]Q-3L-83 Pump Intake Depth 347' Remarks WELL TEST DATA WITH PERMANENT PUMP Date Tested ._ 11=1-83,_ " casing) Static Water Level Prior to Test __ (4.....__.. Length of Test 4.�._.._...._—_ Hours Sustained yield (Meteredl—__5.._ .._—. GPM Pumping Water Level NJA Remarks .water 110 not dropped to intake in 4 ho,>,{rs _, 9709458741 T-260 P.005 F-105 J. WATER TABLE CONE of DEPRESSION CONTRACTORS STATEMENT The undersigned, being pump installation des thereof, and that th on oath, deposes and says that he is the contractor of the well or he has read the statement made hereon; knows the content Ara .,;. ► State of Colorado, County of fir r#'le1d SS License No �1S1S2 Subscribed and sworn to betore me this p44lJay of -,•1.4-rfte__ , 19 gq My Commission expires: 7 , 19 g 7. Notary Public_ FORM TO SE MADE OUT IN QUADRUPLICATE: WHITE FORM must be an original copy on both sides and signed. WHITE AND GREEN tepee mess be tied with the Slam Enginter, PINK COPY is lel the Owner end YELLOW COPY is lorthe Driller. RECEIVED TIME NOV. 2. 3:44PM 1-02-2005 15:36 FROM-DIV5WATERES 9709458741 T-260 P.001 F-105 STATE OF COLORADO DIVISION OF WATER RESOURCES WATER DIVISION 5 Office of the State Engineer Deportment of Natural Resources P O Box396 (50633 U S highway 6& 24) Glenwood Springs CO 81602 Phone (970) 945-5665 FAX (970) 945-8741 htlp://waterstate.co.usidefaulatm To: Facsimile Sarnn Company: From: Fax No.: /.l en (C'-- 4 f oTher /Jew y 4_A &---4 '974 r gcfr— M%Oz 7? Number pages, including this cover sheet: //ze,--;r e/42-Ck At- e - -j> > '�`gz/73 .S— / itterh,'"- /2,eae Date: Re: Message: recr ga^� n G r _ 7 Bill Owens Governor Russell George Executive Director Hal D. Simpson, P.E•. State Engineer Alan Martelloro Division Engineer %c /( Io // z de._ AFL 2 4, ,f e_ et •-t C_o` Gc�vi4/e.-/ Attica 6 a!4_ Sec ' T /q /so 4 Com -S e C i s — /5Z'.4 c S a Plyn._.t /IS cC I/Fr /-`o( t a,o n Jt f Flaoe? a /( 'If &—.-/�1n SSSS ' 1. . '1% Ac -7 /f � r If you do not receive all pages or it is unreadable, call 970-445- 65 with instruction o RECEIVED TIME Exhibit C Current January 2004 APPLICATION TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT 109 West Fourth Street, P. O. Box 1478, Rifle, Colorado 81650 water@wdwcd.org Fax: (970) 625-2796 Telephone: (970) 625-5461 1. APPLICANT INFORMATION Name: George W. & Jeri L. Sherick Mailing address: 0150 County Road 126 Glenwood Springs, CO 81601 Telephone: (970) 945-2719 Authorized agent: 2. COURT CASE #'s: Decree Case No. Augmentation Plan Case No. 3. USE OF WATER El RESIDENTIAL (check applicable boxes) Rl Ordinary household use Number of dwellings: 2 D Subdivision: No. constructed units: No. vacant lots: El Home garden/lawn irrigation of 1.000 Method of irrigation: ❑ flood [sprinkler 0 drip ❑ other El Non-commercial animal watering of animals ❑ Fire Protection sq. ft. Well Sharing Agreement for multiple owner wells must be submitted. If greater than three owners, application must be made under a homeowners association. ❑ COMMERCIAL (check applicable boxes) Number of units: Total sq. ft. of commercial units: Description of use: ❑ INDUSTRIAL Description of use: Evaporation: Maximum water surface to be exposed: Description of any use, other than evaporation, and method of diversion, rate of diversion, and annual amount of diversion of any water withdrawn from the pond: ❑ MUNICIPAL Description of use: 4. SOURCE OF WATER Structure: Well Structure Name: Sherick Well Source: ❑Surface ❑Storage EGround water Current Permit # 121 R60 ❑ Direct Pumping: Tributary: Location: 4 Mile Creek (if applicable) 5. LOCATION OF STRUCTURE Garfield NE1/4, Sec. 9 & NW1/4, Sec. 10 County 9 & 10 Section Meridian 7S Township Quarter/quarter 89W Range Distance Di t of wellfromsection line 69Soutof North fines. ec. 9 line Quarter 6TH Principal 360' West of East Sec. 9 line Elevation: 6400 Well location address: 0150 County Road 126 Glenwood Springs, CO 81601 (Attach additional pages for multiple structures) 6. LAND ON WHICH WATER WILL BE USED (Legal description may be provided as an attachment.) Legal Attached. Number of acres in tract: 10 acres Inclusion into the District, at Applicant's expense, may be required. 7. TYPE OF SEWAGE SYSTEM CR Septic tank/absorption leach field ❑Central system ❑Other District name: N/A 8. VOLUME OF LEASED WATER NEEDED IN ACRE FEET: 1.0 acre foot (minimum of 1 acre foot) Provide engineering data to support volume of water requested. Commercial, municipal, and industrial users must provide diversion and consumptive data on a monthly basis. A totalizing flow meter with remote readout is required to be installed and usage reported to West Divide. Applicant expressly acknowledges it has had the opportunity to review the District's form Water i , tent Contract and agrees this application is made pursuant and sub to the terms arrrliconditions contained therein. Applicant Sit .ture Applicant Signature Application Date: i Exhibit D Current January 2004 WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT Name of Applicant: George W. and Jeri L. Sherick Quantity of Water in Acre Feet: 1.0 acre foot Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of C.R.S. 1973, §37-45-101, et seq., (hereinafter referred to as the "District") for an allotment contract to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this Contract and the attached Application, Applicant hereby agrees to the following terms and conditions: L Water Rights: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water, which will be supplemented and augmented by water leased herein. If Applicant intends to divert through a well, it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources. 2. Quantity: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in acre feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow, storage or otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terms and conditions of this Contract. The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein provided, Applicant may so notify the District in writing, and the amount of water allotted under this Contract shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and Location of Beneficial Use: Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses: industrial, municipal, domestic and related uses, or commercial (except for commercial use from Alsbury Reservoir and except to the extent that Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract No. 2-07-70-W0547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's control. 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir, Green Mountain Reservoir, Alsbury Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be 1 delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources, and release or delivery of water at such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir or Green Mountain Reservoir shall be subject to the District's lease contracts with the United States Bureau of Reclamation. Releases from other facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (October 1), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado Division of Water Resources to estimate any conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case. Water service provided by the District for properties located within the Bluestone and Silt Water Conservancy Districts is provided pursuant to Agreements with said Districts. The Intergovernmental Agreement between the District and the Silt Water Conservancy District, dated January 25, 2001, is recorded as Reception No. 575691, Garfield County Clerk and Recorder's Office. The Intergovernmental Memorandum of Understanding between the District and the Bluestone Water Conservancy District, dated April 26, 2001, is recorded as Reception No. 584840, Garfield County Clerk and Recorder's Office. 5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant. The District reserves the right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated herein, and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted under this Contract. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under Paragraph 19 below. In any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof. 6. Contract Payment: Non-refundable, one time administrative charge, in the amount determined by the Board of Directors of the District from time to time, shall be submitted with the application for consideration by the District. 2 Annual payment for the water service described herein shall be determined by the Board of Directors of the District. The initial annual payment shall be made in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the initial payment shall apply and the price which is applicable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. If an annual payment is not made by the due date a flat $50 late fee will be assessed. Final written notice prior to cancellation will be sent certified mail, return receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set forth in this Contract or Application. Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. If payment is not made within fifteen (15) days after the date of said written notice, Applicant shall at Districts sole option have no further right, title or interest under this Contract without further notice, and delivery may be immediately curtailed. The allotment of water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District. Upon cancellation of this water allotment Contract with the District, the District shall notify the Division of Water Resources offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of all water use. 7. Additional Fees and Costs: Applicant agrees to defray any expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8. Assignment: This Contract shall not inure to the benefit of the heirs, successors or assigns of Applicant, without the prior written consent of the District's Board of Directors. Any assignment of Applicant's rights under this Contract shall be subject to, and must comply with, such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment Contracts. No assignment shall be recognized by the District except upon completion and filing of proper forms for assignment and change of ownership. In the event the water allotted pursuant to this Contract is to be used for the benefit of land which is now or will subsequently be subdivided or held in separate ownership, the Applicant may only assign the Applicant's rights hereunder to: 1) No more than three separate owners all of whom shall be party to a well sharing agreement satisfactory to the District; or 2) A homeowners association, water district, water and sanitation district or other special district properly organized and existing under the laws of the State of Colorado, and then, only if such parties, association or special district establishes to the satisfaction of the District that it has the ability and authority to perform the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this Contract have any rights hereunder, except as such rights may exist pursuant to a well sharing agreement or through a homeowners association or special district as provided above. Upon the sale of the real property to which this Contract pertains, Applicant shall make buyer aware of this Contract and proper forms for assignment and change of ownership must be completed. 3 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the tides and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law. 10. Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement" with the District under terms and conditions determined by the board of Directors of the District, if and when, the Board of said District determines in its sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for additional annual monetary consideration for extension of District delivery services and for additional administration, operation, and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant. 11. Change of Use: The District reserves the exclusive right to review, reapprove or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described in the documents submitted to the District at the time this Contract is executed, or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, shall be deemed to be a material breach of this agreement. 13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal fee title interest in or to any water or water rights referred to herein. 14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict actual diversions to not exceed the contract amount, which provides water (on the formula of one acre foot per dwelling) for ordinary household purposes inside one single family dwelling, the watering of domestic livestock, fire protection, and the irrigation of lawn and garden as specified in the Application. Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Watering of livestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestock watering, provided that in no event shall actual diversions exceed the amount of water provided by this Contract. Violation of this paragraph 15 shall be deemed to be a material breach of this Contract. 16. Well Permit: If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well permit before District is obligated to deliver any water hereunder. 4 17. Measuring Device or Meter: Applicant agrees to provide, at its own expense, a measuring device deemed acceptable by the District's Engineer after consultation, or a totalizing flow meter with remote readout to continuously and accurately measure at all times all water diverted pursuant to the terms of Applicant's water right and the terms of this Contract. Applicant agrees to provide accurate readings from such device or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result in legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. By signing this Contract, Applicant hereby specifically allows District, through its authorized agent, to enter upon Applicant's property during ordinary business hours for the purposes of determining Applicant's actual use of water. 18. Representations: By executing this Contract, Applicant agrees that it is not relying on any legal or engineering advice that Applicant may believe has been received from the District. Applicant further acknowledges that it has obtained all necessary legal and engineering advice from Applicant's own sources other than the District. Applicant further acknowledges that the District makes no guarantees, warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this Contract. Should the District be unable to provide the water contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund from the District. 19. Costs of Water Court Filing and Augmentation Plan: Should the District, in its own discretion, choose to include Applicant's Contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceedings. Applicant shall be assessed a pro -rata share of the total cost incurred by the District in preparing, filing and pursuing to decree the water court case. The pro -rata share shall be calculated by dividing such total cost by the number of contractees included in the filing. To the extent that the District is caused additional costs because of objection filed specifically due to the inclusion of Applicant's Contract in the filing, such additional costs may be charged specifically to Applicant and not shared on a pro -rata basis by all contractees. 20. Binding Agreement: This agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application to Lease Water From West Divide Water Conservancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. All correspondence from the District to Applicant referring to or relating to this agreement is by this reference incorporated into this agreement as further terms and conditions of this agreement. 21. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. 22. AREA B. CONTRACTS: IF APPLICANT'S WELL OR OTHER WATER RIGHT THAT IS THE SUBJECT OF THIS CONTRACT IS LOCATED OUTSIDE "AREA A" AS DESIGNATED BY THE DISTRICT, THEN THIS PARAGRAPH APPLIES: THE AUGMENTATION WATER PROVIDED BY THE DISTRICT UNDER THIS CONTRACT MAY ONLY PROTECT APPLICANT"S WATER RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER SENIOR RIGHT. NO REPRESENTATION OTHERWISE IS MADE BY THE DISTRICT. IF THIS IS A 5 CONCERN TO APPLICANT, THIS CONTRACT MAY BE RESCINDED UPON WRITTEN NOTICE DELIVERED TO THE DISTRICT BY THE APPLICANT WITHIN THE NEXT 30 DAYS FOLLOWING THE AFFIXING OF SIGNATURES ON THIS CONTRACT IN WHICH EVENT ALL SUMS PAID BY APPLICANT FOR THIS CONTRACT SHALL BE IMMEDIATELY REFUNDED TO APPLICANT. Applicant George W. Sherick STATE OF COLORADO ) ss. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me on this day of 2005 by George W. Sherick. Witness my hand and official seal. My commission expires: Applicant Jeri L. Sherick Notary Public STATE OF COLORADO ) ss. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me on this day of 2005 by Jeri L. Sherick. Witness my hand and official seal. My commission expires: 6 Notary Public ORDER After a hearing by the Board of Directors of the West Divide Water Conservancy District on the Application, it is hereby ORDERED that said Application be granted and this Contract shall be and is accepted by the District. WEST DIVIDE WATER CONSERVANCY DISTRICT By President ATTEST: Secretary Date This Contract includes and is subject to the terms and conditions of the following documents which must accompany this Contract: I. Map showing location of point of diversion (use map provided) 2. Application and Data Form fully completed and signed 7 i AUTHORIZATION The undersigned Jeri L. Sherick hereby authorizes George W. Sherick to act as her agent relating to the filing and processing of an Application for Accessory Dwelling Unit with the Board of County Commissioners for Garfield County, Colorado and, if required, the Planning and Zoning Commission for Garfield County, Colorado and pertaining to that parcel of real property jointly owned by her and located at 0150 County Road 126, Glenwood Springs CO 81601. Dated this day of November, 2005. Jeri L. Sherick STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) Subscribed and sworn to before me this _ day of November, 2005, by Jeri L. Sherick. Notary Public My commission expires: Exhibit I This does not constitute a building or use permit.) vGARFIELD COUNTY BUILDING AND SANITATION DEPARTMENT 2014 Blake Avenue Glenwood Springs, Colorado 81601 Phone (903) 945-8241 INDIVIDUAL SEWAGE DISPOSAL PERMIT Owner George W. Sheri.ck 1349 8/s/os System Location ti4 1/4,. 1W 1/4, /JR 1/4 R9 T7S RR4W 117kad ucensed Installer Conditional Construction approval is hereby granted fora 750 gallon )1XX Septic Tank or Aerated treatment unit. Absorption area (or dispersal area) computed as follows: Pere rate of one inch in /-s minutes requires a minimum of .379 sq. ft. of absorption area per bedroom. Therefore the no. of bedrooms 2 x.-.227 sq ft minimum requirement = a total of ft of absorption area. MS.Wesuggest* /hex 4'? 1A 3/ c -- Date Date Zdf ces Inspector 4.-y FINAL APPROVAL OF SYSTEM: No system shall be deemed to be in compliance with the Sewage Disposal Laws until the assembled system is approved prior to cover- ing any part. l CICSeptic Tank access for inspection and cleaning within 12" of ground surface or aerated access ports above ground 0surface. 1� Proper materials and assembly. A 1000. ' Trade name of septic tank or aerated treatment unit. OK OK Date j Adequate absorption (or dispersal) area. Adequate compliance with permit requirements. Adequate compliance with County and State regulations/requirements. 7°"/" 7OJus Inspector fik./t4L- C.441.4:1 oe 41 - RETAIN RETAIN WITH RECEIPT RECORDS AT CONSTRUCTION SITE 'CONDITIONS: 1. All installation must comply with all requirements of the County Individual Sewage Disposal Regulations, adopted pursuant to au- thority granted in 66-44-4. CRS 1963, amended 66-3-14, CRS 1963. 2. This permit is valid only for connection to structures which have fully complied with County zoning and building requirements. Connection to or use with any dwelling or structures not approved by the Building and Zoning office shall automatically be a viola- tion of a requirement of the permit and cause for both legal action and revocation of the permit. 3. Section III, 3.24 requires any person who constructs, alters, or installs an individual sewage disposal system in a manner which in- volves a knowing and material variation from the terms or specifications contained in the application of permit commits a Class 1, Petty Offense (5500.00 fine — 6 months in jail ore both). Applicant: Groan Cony Deportment: Pink Copy Exhibit E pi OW sl,, -54 • 2 -DF 'I 2-D1 S -F Adjoining 2397 i' to V,n 0 • OV. 'o • .............. o 2 a a r r 2 ti ; O L ti a O o ''l W 0 N 1054i N�N la F F F , F :tom co t o N - - N r .:....:.• ,0 0 0 0 F ©0 04 6/.�e - Yis O ... ............... r 0 IG D c ry l/gu C_ IG -D > I t tll 0 .LL!Ii IC -D _, 0 N m 0 2»5 -1t1 -Dams ..... `nom Ic-ur I _ o =o c01 �6• %� 0 art} l,1 7 • „ l `,/ _ ON �7_, �1, :' �•r 0,, .:, .. FIL , // _I px qq ® A ®®eg 0 ® .Al4 ,441 { _ie., 11. 0 q� 0 O r ! 2 t F r.),-. N .. - O • 04 / IG -DF m y r' .... . �I ;74%44 ."---r--./7 wog' • 9� • �% o"q IC -DF \_ O I" "r 1 T`N, �' T 4 ♦ N f�� YYY�S" IG -DF _ D Adjoining 2393 1 F ; Exhibit F 2393-113-O0-102 Joining 299 z ® Iv V//////// ///////// /1/ 77////////////////////////4 / v / Y y / U Vm I CC co U a CO Ul `O / • O n w Adjoining 2995-02 Garfield County Assessor Property Search Page 1 of 2 Assessor & Treasurer Property Information Data Updated Quarterly with the last update released on 07/29/2005 Tax information is updated as of noon each Friday and will be available for viewing by 5 pm the following Monday. Search > Results > Detail Get Map Owner Property Name: George W. & Jeri L. Sherick Type: Primary Address: 0150 County Road 126 Glenwood Spgs, CO 81601 Address: Account number: 000150 126 County RD Glenwood Springs, CO R080276 Parcel number: 239509100061 Sub -division: Condo: Neighborhood: 122006 Area: 008 Legal: SECT,TWN,RNG:9-7-89 DESC: NWNENE Actual Value Land: $175,000.00 Building: $202,250.00 Total: $377,250.00 Assessed Value Taxes Land: $13,930.00 Building: $16,100.00 Total: $30,030.00 Updated on: 09/13/2005 2004 taxes payable in 2005: $1,959.42 BK:0531 PG:0519 http://www.mitchandco.com/realestate/garfield/propertyDisplay.cfm?AccountNo=R080276 9/16/2005 thofiela'County Assessor Property Search Page 1 of 2 Assessor & Treasurer Property Information Data Updated Quarterly with the last update released on 10/13/2005 Tax information is updated as of noon each Friday and will be available for viewing by 5 pm the following Monday. Search > Results > Detail Get Map ti / Owner Name: George W & Jeri L Sherick Type: Primary Address: 0150 County Road 126 Glenwood Springs, CO 81601 Property Address: 7-89 Sec 9-10, CO Account number: R080132 Parcel number: 239509100015 Sub -division: Condo: Neighborhood: 122005 Area: 008 Legal: SECT,TWN,RNG:9-7-89 DESC: SEC.9&10 TR IN E1/2NENE(SEC.9) & NWNW(SEC.10) BK:0528 PG:0287 BK:1632 PG:619 RECPT:662047 BK:1632 PG:618 RECPT:662046 BK:1445 PG:448 RECPT:622719 Actual Value Land: $210,000.00 Building: $0.00 Total: $210,000.00 Assessed Value Taxes Land: $60,900.00 Building: $0.00 Total: $60,900.00 Updated on: 10/24/2005 2004 taxes payable in 2005: $3,951.54 Amount Paid: $3,951.54 http://www.mitchandco.com/realestate/garfield/propertyDisplay.cfm?AccountNo=R080132 11/9/2005 Garfield County Assessor Property Search Page 1 of 2 Garfield County Colorado Assessor & Treasurer Property Information Data Updated Quarterly with the last update released on 10/13/2005 Tax information is updated as of noon each Friday and will be available for viewing by 5 pm the following Monday. Search > Results > Detail Get Map Owner Name: Bureau Of Land Management Type: Primary Address: Po Box 1009 Glenwood Spgs, CO 81602-1009 Property Address: Carbondale, CO Account number: R080922 Parcel number: 239504400951 Sub -division: Condo: Neighborhood: 910000 Area: 008 Legal: SECT,TWN,RNG:4-7-89 DESC: SEC.4 LOTS 1&2 S2NE,SE4, SEC.9 NWNE Actual Value Land: $0.00 Building: $1,820.00 Total: $1,820.00 Assessed Value Land: $0.00 Building: $530.00 Total: $530.00 Taxes No items found. Land Land size: Square feet: http://www.mitchandco. com/realestate/garfield/propertyDisplay.cfm?AccountNo=R080922 11/10/2005 Garfield County Assessor Property Search Page 1 of 2 Assessor & Treasurer Property Information Data Updated Quarterly with the last update re/eased on 10/13/2005 Tax information is updated as of noon each Friday and will be available for viewing by 5 pm the following Monday. Get Map Search > Results > Detail Owner Property Name: George W. & Jeri L. Sherick Type: Primary Address: 0150 County Road 126 Glenwood Spgs, CO 81601 Address: Account number: Parcel number: Sub -division: Condo: Neighborhood: Area: Actual Value 000150 126 County RD Glenwood Springs, CO R080276 239509100061 122006 008 Legal: SECT,TWN,RNG:9-7-89 DESC: Land: Building: Total: Assessed Value Land: Building: Total: Taxes Updated on: 2004 taxes payable in 2005: Amount Paid: Land $175,000.00 $202,250.00 $377,250.00 $13,930.00 $16,100.00 $30,030.00 11/10/2005 $1,959.42 $1,959.42 NWNENE BK:0531 PG:0519 http://www.mitchandco. com/realestate/garfield/propertyDisplay.cfm?AccountNo=R080276 11/10/2005 Garfield County Assessor Property Search Page 1 of 2 Garfield County Colorado Property Information Assessor & Treasurer Data Updated Quarterly with the last update released on 10/13/2005 Tax information is updated as of noon each Friday and will be available for viewing by 5 pm the following Monday. Search > Results > Detail Get Map );1/4 Owner Property Name: Michael F. & Darlene Snyder Type: Primary Address: 0174 County Road 126 Glenwood Springs, CO 81601 Address: Account number: Parcel number: Sub -division: Condo: Neighborhood: Area: Legal: Actual Value 004733 117 County RD Glenwood Springs, CO R080013 239509100016 122007 008 SECT,TWN,RNG:9-7-89 DESC: SWNENE BK:1148 PG:228 RECPT:551320 BK:1148 PG:226 RECPT:551319 BK:0674 PG:0769 BK:0502 PG:0196 Land: $165,000.00 Building: $243,590.00 Total: $408,590.00 Assessed Value Land: $13,130.00 Building: $19,390.00 Total: $32,520.00 Taxes Updated on: 11/10/2005 2004 taxes payable in 2005: $2,049.36 http://www.mitchandco. com/realestate/garfield/propertyDisplay. cfm?AccountNo=R080013 11/10/2005 Garfield County Assessor Property Search Page 1 of 2 Garfield County Colorado Property Information Assessor & Treasurer Data Updated Quarterly with the last update released on 10/13/2005 Tax information is updated as of noon each Friday and will be available for viewing by 5 pm the following Monday. Get Map Search > Results > Detail Owner Name: David & Dawn Simpson Type: Primary Address: 35w416 Chateau Dr W West Dundee, IL 60110-8111 Property Address: 000140 Black Diamond RD Glenwood Springs, CO Account number: R081026 Parcel number: 239509100143 Sub -division: Condo: Neighborhood: 122005 Area: 008 Legal: SECT,TWN,RNG:9-7-89 DESC: A PCL IN THE NENE OF SEC 9 & NWNW OF SEC. 10 DESC: AKA LOT 2 ADLER EXEMPTION. PRE:R080783 BK:0749 PG:0181 BK:0739 PG:0852 BK:0515 PG:0572 BK:0515 PG:0567 BK:1397 PG:711 RECPT:612908 BK:1037 PG:0223 BK:0881 PG:0074 Actual Value Land: $160,000.00 Building: $0.00 Total: $160,000.00 Assessed Value Taxes Land: $46,400.00 Building: $0.00 Total: $46,400.00 Updated on: 11/10/2005 http://www.mitchandco. com/realestate/garfield/propertyDisplay.cfm?AccountNo=R081026 1/10/2005 Garfild County Assessor Property Search Page 1 of 2 Garfield County Colorado Assessor & Treasurer Property Information Data Updated Quarterly with the last update released on 10/13/2005 Tax information is updated as of noon each Friday and will be available for viewing by 5 pm the following Monday. Get Map Search > Results > Detail Owner Name: Alan Bruce & Karen J. Gentry Type: Primary Address: 4613 County Road 117 Glenwood Spgs, CO 81601-4539 Property Address: Account number: Parcel number: Sub -division: Condo: Neighborhood: Area: Legal: Actual Value 004613 117 County RD Glenwood Springs, CO R081025 239509100142 FOUR MILE TRACTS -GOOD QUALITY 008 SECT,TWN,RNG:9-7-89 DESC: A PCL IN THE NENE OF SEC. 9 & NWNW OF SEC. 10 DESC: AKA LOT 1 ADLER EXEMPTION. PRE:R080783 BK:0749 PG:0181 BK:0739 PG:0852 BK:0515 PG:0572 BK:0515 PG:0567 BK:0881 PG:0074 Land: $210,000.00 Building: $330,580.00 Total: $540,580.00 Assessed Value Land: $16,720.00 Building: $26,310.00 Total: $43,030.00 Taxes Updated on: 11/10/2005 2004 taxes http://www.mitchandco.com/realestate/garfield/propertyDisplay. cfm?AccountNo=R081025 11/10/2005 Garfield County Assessor Property Search Page 1 of 2 Assessor & Treasurer Property Information Data Updated Quarterly with the last update released on 10/13/2005 Tax information is updated as of noon each Friday and will be available for viewing by 5 pm the following Monday. Get Map Search > Results > Detail Owner Name: Donald J & Janis S Berger Type: Primary Address: 0451 Canyon Creek Rd Glenwood Spring, CO 81601 Property Address: Account number: Parcel number: Sub -division: Condo: Neighborhood: Area: Legal: Actual Value 7-89 Sec 3,9,10, CO R080133 239510200023 122005 008 SECT,TWN,RNG:10-7-89 DESC: SEC.3,9&10 TR OF LAND IN SWSW OF SEC.3,NWNW OF SEC DESC: 10 & NENE OF SEC.9 CONT 10.0A BK:0478 PG:0289 BK:1673 PG:719 RECPT:671076 BK:1673 PG:718 RECPT:671075 BK:1625 PG:25 RECPT:660335 BK:1445 PG:446 RECPT:622718 Land: $210,000.00 Building: $0.00 Total: $210,000.00 Assessed Value Taxes Land: $60,900.00 Building: $0.00 Total: $60,900.00 Updated on: 11/10/2005 2004 taxes http://www.mitchandco.com/realestate/garfield/propertyDisplay.cfm?AccountNo=R080133 11/14/2005 Garfield County Assessor Property Search Page 1 of 2 Garfield County Colorado Assessor & Treasurer Property Information Data Updated Quarterly with the last update released on 10/13/2005 Tax information is updated as of noon each Friday and will be available for viewing by 5 pm the following Monday. Search > Results > Detail Get Map S Owner Property Name: Bruce R. Neumann Type: Primary Address: 100 Home PI Glenwood Springs, CO 81601-9272 Address: Account number: Parcel number: Sub -division: Condo: Neighborhood: Area: Legal: Actual Value 000100 Home PL Glenwood Springs, CO R080845 239503307008 Lazy Diamond A Sub LAZY DIAMOND A SUB -DIV. 008 SECT,TWN,RNG:3-7-89 SUB:LAZY DIAMOND A SUB LOT:8 DAVID W. ECHEVERRIA REVOCABLE* TRUST & CAROL R. ECHEVERRIA * REVOCABLE TRUST PRE:R080507 BK:1163 PG:826 RECPT:556407 BK:1056 PG:0221 BK:0905 PG:0785 BK:0839 PG:0327 Land: $170,000.00 Building: $398,020.00 Total: $568,020.00 Assessed Value Land: $13,530.00 Building: $31,680.00 Total: $45,210.00 Taxes Updated on: 11/10/2005 2004 taxes http://www.mitchandco.com/realestate/garfield/propertyD splay.cfm?AccountNo=R080845 11/14/2005 Garfield County Assessor Property Search Page 1 of 2 Assessor & Treasurer Property Information Data Updated Quarterly with the last update released on 10/13/2005 Tax information is updated as of noon each Friday and will be available for viewing by 5 pm the following Monday. Get Map Search > Results > Detail Owner Property Name: Thomas L Teresa L Hahn Type: Primary Address: 43 Ranch Lane Glenwood Springs, CO 81601 Address: Account number: Parcel number: Sub -division: Condo: Neighborhood: Area: Legal: Actual Value 000043 Ranch LN Glenwood Springs, CO R080846 239510207009 Lazy Diamond A Sub 121101 008 SECT,TWN,RNG:10-7-89 SUB:LAZY DIAMOND A SUB LOT:9 PRE:R080507 BK:0836 PG:0132 BK:0836 PG:0007 BK:0831 PG:0374 BK:0803 PG:0715 BK:0441 PG:0195 BK:0340 PG:0437 BK:0340 PG:0437 BK:1579 PG:153 RECPT:650453 BK:1084 PG:0176 BK:0899 PG:0706 BK:0869 PG:0632 BK:0441 PG:0194 Land: $200,000.00 Building: $661,850.00 Total: $861,850.00 Assessed Value Taxes Land: $15,920.00 Building: $52,680.00 Total: $68,600.00 Updated on: 11/10/2005 http://www.mitchandco. com/realestate/garfield/propertyDisplay. efm?AccountNo=R080846 11/14/2005 Garfield County Assessor Property Search Page 1 of 2 Assessor & Treasurer Property Information Data Updated Quarterly with the last update released on 10/13/2005 Tax information is updated as of noon each Friday and will be available for viewing by 5 pm the following Monday. Get Map Search > Results > Detail Owner Name: Stephen J. & Susan L. Stonehouse Type: Primary Address: 10 County Road 125 Glenwood Spgs, CO 81601-9285 Property Address: Glenwood Springs, CO Account number: R080849 Parcel number: 239510207012 Sub -division: Lazy Diamond A Sub Condo: Neighborhood: LAZY DIAMOND A SUB -DIV. Area: 008 Legal: SECT,TWN,RNG:10-7-89 SUB:LAZY DIAMOND A SUB LOT:12 PRE:R080507 BK:0836 PG:0375 Actual Value Land: $170,000.00 Building: $469,850.00 Total: $639,850.00 Assessed Value Land: $13,530.00 Building: $37,400.00 Total: $50,930.00 Taxes Updated on: 11/10/2005 2004 taxes payable in 2005: $3,001.12 Amount Paid: $3,001.12 Land http://www.mitchandco. com/realestate/garfield/propertyDisplay.cfm?AccountNo=R080849 11/14/2005 Garfield County Assessor Property Search Page 1 of 2 Assessor & Treasurer Property Information Data Updated Quarterly with the last update released on 10/13/2005 Tax information is updated as of noon each Friday and will be available for viewing by 5 pm the following Monday. Search > Results > Detail Get Map Owner Name: Axthelm, C. E. Company Type: Primary Address: Axthelm, E. R. Company 1/2 224 River Ridge Drive Glenwood Spgs, CO 81601-8607 Property Address: Account number: Parcel number: Sub -division: Condo: Neighborhood: Area: Legal: Actual Value Glenwood Springs, CO R080850 239510207013 Lazy Diamond A Sub 920000 008 SECT,TWN,RNG:10-7-89 SUB:LAZY DIAMOND A SUB LOT:13 PRE:R080507 BK:0836 PG:0132 BK:0836 PG:0007 BK:0831 PG:0374 BK:0803 PG:0071 BK:0524 PG:0321 BK:0441 PG:0195 BK:0340 PG:0437 BK:1673 PG:716 RECPT:671073 BK:1556 PG:848 RECPT:645433 BK:1556 PG:847 RECPT:645432 BK:0441 PG:0194 Land: $0.00 Building: $120,000.00 Total: $120,000.00 Assessed Value Land: $0.00 Building: $34,800.00 Total: $34,800.00 Taxes No items found. http://www.mitchandco.com/realestate/garfield/propertyDisplay.cfm?AccountNo=R080850 11/14/2005 5.1L7JuH0, [UUb 11:1bAM _-NIGH COUNIHY ENGINEERING •J % u. Ilia U ❑U 02 ❑� oz U— Recorded et..a..o'c'.ock 282595 27th day This of and MAJ(ILYN and JERI DEC 3 0 1J77 Ella Stephens. Recorder CONTRACT FOR DEED 14 .2649 P. 2 butx504 FAGE 363 AW[:V0664 i6 • DEC 9 0 1971 Contract For Deed made and entered into this - December, 1977, by and between PATRICK M. FITZGERALD A. FITZGERALD, (Sellers), and GEORGE W. SHERICK SHERICK, (Purchasers), VITNESSETH; 1. For and in consideration of the payments herein -- after. agreed to be made and the.mutual covenants, hereinafter set forth, Sellers agree to sell and convey to Purchasers, by good and sufficient warranty deed, the real property described on Exhibit A hereto, together with a non-exclusive easement and right-of-way for ingress and egress to the property. 2. The Purchasers agree to purchase the above described property and to pay the Sellers the sum of Twenty - Nine Thousand Five Hundred and no/100. ($29,500.00) as the' full purchase price thereof, said amount to be paid in the following manner: (a) $200.00, the receipt of which is acknowledged; (b) the sum of $1,475.00 on December 27, 1977; (c) the sum of $6,880.00 on January 4, 1978; (d) the balance of $20,945.00, payable in equal quarterly installments of $1,293.00, including princi- pal and interest, at the rate of 81% per annum until paid in full, based upon a five year amortization. 3. It is understood and agreed that'this Contract 'is open to prepayment without penalty upon thirty advance notice to Sellers. 4. Purchasers shall have possession of the December 27, 1977. 5. Sellers shall pay the 1977 and all prior years' real estate taxes levied and assessed against the above described property and Purchasers shall be 'responsible for any such (30) days property RECEIVED TIME JUL. 28. >r� Exhibit G AJul.L • 2696 II:I6AM HIGH UUUNIHY ENUINEEKING No 2649 H. 3 L. boUK504. PAGE X64 future taxes and assessments. 6. Upon full payment of the purchase price as herein Sellers shall execute their good and Sufficient specified, warranty deed granting and conveying the above described property to purchasers and said warranty deed Shall be free and clear of all liens and encumbrances,Save and except the reservations set forth on Schedule a, Section 2 of the.commit- ment for title insurance issued November 17, 1977 by Colorado west Title Insurance Company bearing Serial No. G-12-594-77. 7. purchasers agree to occupy and use the premises in compliance with applicable ordinances, resolutions and statutes of the State of Colorado and the County of Garfield and to pay all utility and service charges, if any, assessed against said propertyafterdate hereof and to not damage or cause the loss or diminution in value of the premises. 8. In the event the Purchasers default in the performance of anypayment or other condition of this agree- ment, and said default is not corrected within thirty (30) days of the receipt of notice of said default, then this Contract, at the option of Sellers, may be terminated and Sellers shall have the right to retake possession of the property described above'and to retain (as liquidated damages and not as a penalty tor the breach of this agreement), all payments made by the Purchasers and all improvements made by them on the premises; it being agreed by the parties that the anticipated damages in the event of a breach would be uncertain and difficult to ascertain; that the amount herein stipulated as liquidated damages is reasonable; and that the parties do hereby intend to liquidate the damages which would result from said breach. Zn the event the Sellers so elect, after said default, to treat this Contract as being in full force and effect, then nothing herein shall be construed to prevent its specific performance. RECEIVED TIME JUL, 28. 11:59AM Jul•28. 2UU5 11:15AM HIGH COUNTRY ENGINEERING No.2649 P. 4 c,ru^604 tACES65 9. It is mutually agreed by and between the parties hereto that the time of payment shall be an essential part of this Contract; and that all the covenants and agreements here- in contained shall extend and be obligatory upon the heirs, executors, personal representatives and assigns of the respective parties. - ' IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. STATS OF COLORADO ) . COUNTY OF GARFIELD ) ss 4E W. SuERICK The above and foregoing instrument was acknowledged before me this a7/11 day of December, 1977 by PATRICK M. FITZGERALD, MARILYN A_ FITZGERALD, GEORGE W. SHERICK and JERI L. SHERICK. My commission expires: WITNESS MY HAND AND OFFICIAL SEAL. M> Commision eapi: ei Sept. 3, 1981+1@91�.... onorhy 10.1./C>.! Nota-�� y public RECEIVED TIME JUL. 28. 11:59AM Jul 'l8, TUUb 11:1bAM hllih LUUNIKY tNliLNttKINU NO,L04J V. 0 bUud5Q4 PAGE 366 E301IBIT A N1114NE14NElt, Section 9, Township 7 South, Range 89 Weet of the 6th Principal Meridian. Together with an easement and right-of-way of ingress and egress, described as follows:• At CM CARFIELD COUNTY COLORADO "A 60 foot Road Easement situated in the SW10.14c of Section 10, SEU4E1t of Section 9, Township 7 South, Range 89 West of the Sixth Principal Meridian, being 30 feet on each side of the following described centerline: • Beginning at the Northeast Section corner of said Section 9, a brass cap in place; thence S. 03°39'.02" E. 1617.63 feet to a point on the Westerly right-of-way of County Road 117 as constructed and in place, the True Point of Beginning; thence 67.57 feet along the arc of a curve to the right, having a radius 105.02 feet, the chord of which bears: N. 71°47'30" W. 66,41 feet; thence N. 53°21'35" w. 112.29 feet; thence 101.36 feet along the arc of a curve to the left, having a radius 81.51 feet, the chord of which bears: N. 88°59'03" W. 94.95 feet; thence S. 55°23'29" W. 147.76 feet; thence 116.47 feet along the arc of a curve to the right, having a radius 196.66 feet and a chord which bears: S. 72'21'29" W. 114.78 feet; thence S. 89°19'29" W. 31.75 feet; thence 76.42 feet along the arc of a curve to the right, having a radius 104.75 feet and chord which bears: N. 69°46'31" W., 74.74 feet; thence N. 48°52'31".W. 45.84 feet, more or less, to a point of inter- section between said described centerline and the following described centerline, having a 24 foot road casement, being situated in the 'EiNElr of said Section 9, the easement being 12 feet on each side of the centerline; thence N. 13°42'07" E. 88.25 feet; thence 119.85 feet along the arc of a curve to the left, having a radius of 109.01 feet, the chord of which bears: N. 17°47'38" W. 113.90 feet; thence 43.49 feet along the arc of a curve to the right, having a radius 71.03 feet, the chord of which bears: N. 31°45'01" W. 42.81 feet; thence N. 14°12'33" W. 175.86 feet; thence 164.49 feet along the arc of a curve to the right, having a radius of 269.34 feet and chord of which bears: N. 03°17'06" E. 161.94 feet; thence N. 20°46'51" E. 157.29 feet; thence 63.28 feet along the arc of a curve to the left, having a radius of 367.85 feet, the chord . of which bears: N. 09°58'47" E. 62.91 feet; thence 99.86 feet along the arc of a curve to the right, having a, radius of 95.24 feet, the chord of which bears: N. 29°13'02" E. 95.35 feet; thence N. 59°15'22" E. 132.99 feet: thence 48.65 feet along the arc of a curve to the left, having a radius of 20.72 feet, the chord of which bears: N. 08°00'43" W. 38.22 feet; thence 94.61 feet along the arc of a curve to the left, having a radius of 154.89 feet, the chord of,which bears S. 87'13'12" W. 93.15 feet; thence S. 69°43'13" w. 124.39 feet; thence 83.83 feet, more or less, along the etc of a curve to the right havinga radius of .4feet, the chord of which bears: N. 39°49'32" W. 82.06 feet, to'a'point on the Westerly Boundary of said°.E1/210% whence -the Northeast Section oorner•'df:'said Section 9, a brass cap in place bears: N. 44°02'37" E.938r44 feet, R E S O L D T I O N-4 78-20 WHEREAS, PATRICK M. and MARILYN A. FITZGERALD have petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption under C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted September 1, 1972 and amended April 14, 1975, Sections 1.02.17 (d) and 3.02.01, for the division of a 23 acre tract of land into two tracts of approximately 11.5 acres each, and said tracts are more particularly described as follows: A parcel of land situated in the NE1/4NE14 of Section 9, and the NWANA of Section 10, Township 7 South, Range 89 West of the Sixth Principal Meridian lying Westerly of the Westerly right-of-way line of County Road Number 117, said parcel is described as follows: Beginning at an iron post with a brass cap properly marked for the corner common to Sections 3, 4, 9 and 10 of said Township and Range; thence N. 89° 53' 00" W. 290.00 feet along the Northerly line of said Section 9 to the True Point of Beginning; thence South 391.15 feet; thence East 803.94 feet to a point on the Westerly right-of-way line of said County Road; thence S. 180 10' 52" W. 390.18 feet along the Westerly right-of-way line of said County Road; thence N. 89° 49' 32" W. 386.02 feet to a point on the line common to said Sections 9 and 10; thence N. 00° 28' 01" W. 68.00 feet along said Section line; thence N. 890 49' 32" W. 657.88 feet; thence N. 00° 36' 30" W. 691.46 feet to a point on the Northerly line of said Section 9; thence S. 89° 53' 00" E. 369.59 feet along the Northerly line of said Section 9 to the True Point of Beginning. The above described parcel of land contains 11.65 acres, more or less. A parcel of land situated in the NEInNE% of Section 9, and the NW;NW; of Section 10, Township 7 South, Range 89 West of the Sixth Principal Meridian, lying Westerly of the Westerly line of County Road Number 117, said parcel of land is described as follows: Beginning at an iron post with a brass cap properly marked for the corner common to Sections 3, 4, 9 and 10 of said Township and Range; thence S. 00° 28' 01" E. 692.09 feet along the line between said Sections 9 and 10 to the True Point of Beginning; thence S. 00° 28' 01" E. 68.00 feet along the line between said Sections 9 and 10; thence S. 890 49' 32" E. 386.02 feet to a point on the Westerly right-of-way line of said County Road; thence S. 180 10' 52" W. 173.02 feet along the Westerly line of said County Road; thence 163.44 feet along the arc of a curve to the right having a radius of 318.60 feet, the chord of Exhibit H cetP which bears: S. 32° 52' 39" W. 161.66 feet; thence S. 47° 34' 26" W. 84.20 feet along the Westerly right-of-way line of said County road; thence N. 890 46' 05" W. 392.63 feet; thence S. 000 28' 01" E. 266.66 feet to a point on the Southerly line of said NE;NE' of said Section 9; thence N. 890 46' 05" W. 442.75 feet along the Southerly line of said NE?NE'; thence N. 00° 36' 30" W. 691.46 feet; thence S. 890 49' 32" E. 657.88 feet to the True Point of Beginning. The above described parcel of land contains 11.65 acres, more or less. WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that they desire said exemption for one 11.5 acre tract for re -sale into single-family residential acreage, and one 11.5 acre tract for sale to an adjoining tract of land. WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board that said 11.5 acre tract of land to be added to an adjoining tract of land will not create any third -party ownership; and consequently, said proposed exemption will not increase the density of building sites on said 23 acre tract; WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of locating domestic water on said 11.5 acre tract to be re -sold for single- family residential acreage, that the location of septic tanks will be permitted by the Colorado Department of Health, that the requested division is in accordance with the general purposes and intent of the Subdivision Regulations of the State of Colorado and the County of Garfield and should, therefore, be exempted from the definition of the terms "subdivision" and "subdivided land" as set forth in C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended; NOW THEREFORE, upon motion of T.C. So IIS seconded by 2-1e,u A.w_ C.'C_rSe— and carried, said 23 acre tract of land is hereby exempted from such definition and transfer of said tract may be made by division into two tracts of approximately 11.5 acres each, all as is more fully described above, and further, that a condition of said exemption is that no third -party ownership on said northerly 11.5 acre parcel will be created. A copy of the instrument(s) of conveyance when recorded shall be filed with this Resolution. Dated this ..7"!=t) day of February, A.D. 1978. Attest: 4. itak De utyCrk of the Bo of Count Commissioners Garfield County, Colorado THE BOARD OF COUNTY COMMISSIONERS OF GARFIECD COUNTY, COLORADO By;-7)t,.:C L'a L/ry Ve1,asq'pez, Chairma�t_ `> 'I' • 4/.0.0 re. -1. Fv 5r •� •.c: Co.c F1421 • 3C3 i _ c_Lt It_ Y:u 41h 5t. • Riff r. Colo. FICSC • 2a3 -625/;74D •A parcel of land situated in the NE1NElt of Section 9, and the NWT NWl of Section 10, Township 7 South, Range 89 West of the Sixth Principal Meridian lying Westerly of the Westerly right-of-way line of County Road Number 117, said parcel is described as follows: Beginning at an iron post with a brass cap properly; marked for the corner common to Sections 3,4,9 and 10 of said Township and Range; thence N. 89°53' 00" W. 290.00 feet along the Northerly line of said Section 9 to the True Point of Beginning; thence South 391.15 feet; thence East 803.94 feet to a point on the Westerly right-of-way line of said County Road; thence S. 18° 10'52" W. 390.18 feet along the Westerly right-of-way line of said County Road; thence N. 89°49'32" W. 386.02 feet to a point on the line common to said Sections 9 and 10; thence N. 00°28'01" W. 68.00 feet along said Section line; thence N. 89°49'32" W. 657.88 feet; thence N. 00°36'30" W. 691.46 feet to a point on the Northerly line of said Section 9; thence S. 89°53'00" E. 369.59 feet along the Northerly line of said Section 9 to the True Point of Beginning. The above described parcel of land contains 11.65 acres, more or less. February 14, 1978 trio f. lehrer SCARROW AND WALKER/KKBNA, INC. 204 8th Street Glenwood Springs, Colorado 204 C-[...o:d 'gyp: Ccio. Ei(pl 664 144 v:,-;1 4!h S:. •Cllle Cmo. 81[30 • 3F3.(25.;7i 0 A parcel of land situated in the NE4NE1/4 of Section 9 and the NW1N*, of Section 10, Township 7 South, Range 89 West of the Sixth Principal Meridian, lying Westerly of the Westerly line of County Road Number 117, said parcel of land is described as follows: Beginning at an iron post with a brass cap properly marked for the corner common to Sections 3, 4, 9 and 10 of said Township and Range; thence S. 00°28'01" E. 692.09 feet along the line between said Sections 9 and 10 to the True Point of Beginning; thence 5. 00°28'01" E. 68.00 feet along the line between said Sections 9 and 10; thence S. 89°49'32" E. 386.02 feet to a point on the Westerly right- of-way line of said County Road; thence S. 18°10'52" W. 173.02 feet along the Westerly line of said County Road; thence 163.44 feet along the arc of a curve to right having a radius of 318.60 feet, the chord of which bears: S. 32°52'39" W. 161.66 feet; thence S. 47°34'26" W. 84.20 feet along the Westerly right-of-way line of said County road; thence N. 89°46'05" W. 392.63 feet; thence S. 00°28' 01" E. 266.66 feet to a point on the Southerly line of said NE%NEIL of said Section 9; thence N. 89°46'05" W. 442.75 feet along the Southerly line of said NE'NE'T,; thence N. 00°36'30" W. 691.46 feet; thence S. 89°49'32" E. 657.88 feet to the True Point of Beginning. The above described parcel of land contains 11.65 acres, more or less. February 14, 1978 SCARROW AND WALKER/KKBNA, INC. 204 8th Street Glenwood Springs, Colorado ler.t, E. mm°r nc L Fain+.,. C:.e J.: the z 0 % () c � � § wg <® F?o.cy�cv VI { tl F'} AdV(1Nf10H L n AG 0i 0' 1 • . i .iddianng tr,. 71, Ya rL.j�_e. '. 4 4 4 �4 0.1 4 I' 1, . co CC • cos "t.ri,S ) ett? v''�1 Sl: "4'. LL f • 05/24/2005 11:19 FAX Ataitineate . TR•wes meta< Z013/017 • 9 a. JIR 1 in en 531. ncE519 aaaeman q NaeIltraban tea ,1w•4 �� .e% es•rW.. [ci°i Lut-f-• -- oP[aea iA MA KNOW ALL MEN BY THESE PRESENTS THAT 9� PATRICK NPITi6P, N. R71IAid aa-. P1LTY At. PITI'�RiD `-,. - ' • - ` of 4p 4M aledOatesMffed► GEORGE W. MICRIQK ad S171I L. ERICC Saeed Party •0 aa..Hw. 46147 Highway 6 and 24 ass Niamey P.O. BSeal Aches 0 ••••., ' a.Box a 0 • Cal.•.• Ca•..a.. ci.nwr+AA t-er I not cola 81601 - 0.•bt.s.e - CGty Sena Zip •9.1..w►aY�+•Y the Wowing decrbed papery in me Ccwnv of Gan iald •m Sore of Cando: NIf4NEleNES, Section 9, Township 7 Salta). Range 89 West of the 6t11 Principal Haitian. Together with a non-exclusive sasasrst or right-of-way for purposes of iagres:r and egress to the above described property from the Pour Mile-Cormty Road, whi.A easement being 60 feet in width on portions thereof and 24 feet in wid .b• on the remainder thereof and is par•• titularly described in Book 504 at Page 363 of the Garfield County rmcnrds. a4th a0 ib l$uriemnom and nu tike b the sans, air Ind subject II cereal oreoety ems 1w He Orem yun.U.S.rani resvaRrs and maotiorq any and NI(mers.., and rite of my of apelike of when rasa ane Manning. raring and ales gover&menW rule and regulators STATE OF COLORADO Ir COUNTY OF GARFIELD I The L.,...., kne'arwm ea schte tidied halon ns ma -1L.L- W of —Anwar -- 19 -21--RT Amga•191,0-•-bl' Patrick M. Fitzgerald and Marilyn A. Pit:cgerald. N OM • era •••••••• awe re. 1110•1• M ear Soil a *MI. retia KECEIVED TIME`TMAY,24. 12:11PM nna iwaanea.M s uausps - Se -t AUTHORIZATION The undersigned Jeri L. Sherick hereby authorizes George W. Sherick to act as her agent relating to the filing and processing of an Application for Accessory Dwelling Unit with the Board of County Commissioners for Garfield County, Colorado and, if required, the Planning and Zoning Commission for Garfield County, Colorado and pertaining to that parcel of real property jointly owned by her and located at 0150 County Road 126, Glenwood Springs CO 81601. Dated this (p day ofNk 4, 2004 7:4'6. 45' J i L. Sherick STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) Subscribed and swo-. •re me this (o= day of Sherick. rr NEIQ J ' ii- . u J -.v./. '1'6:8 0•. .4,o ^ v . 41/ N tar ublic My commission expires: o%//5'j(' by Jeri L. EXHIBIT E Current January 2004 APPLICATION TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT 109 West Fourth Street, P. O. Box 1478, Rifle, Colorado 81650 water@wdwcd.org Fax: (970) 625-2796 Telephone: (970) 625-5461 I. APPLICANT INFORMATION Name: George W. & Jeri L. Sherick Mailing address: 0150 County Road 126 Glenwood Springs, CO 81601 Telephone: (970) 945-2719 Authorized agent: 2. COURT CASE #'s: Decree Case No. Augmentation Plan Case No 3. USE OF WATER eiRESIDENTIAL (check applicable boxes) 9 Ordinary household use Number of dwellings: 2 0 Subdivision: No. constructed units: No. vacant lots: %Home garden/lawn irrigation of 1000 Method of irrigation: 0 flood X sprinkler 0 drip 0 other ❑ Non-commercial animal watering of animals ❑ Fire Protection sq. ft. Well Sharing Agreement for multiple owner wells must be submitted. If greater than three owners, application must be made under a homeowners association. O COMMERCIAL (check applicable boxes) Number of units: Total sq. ft. of commercial units: Description of use: ❑INDUSTRIAL Description of use: Evaporation: Maximum water surface to be exposed: Description of any use, other than evaporation, and method of diversion, rate of diversion, and annual amount of diversion of any water withdrawn from the pond: O MUNICIPAL Description of use: 4. SOURCE OF WATER Structure: Well Structure Name: Sherick Well Source: OSurface OStorage OGround water Current Permit # 121860 (if applicable) ❑ Direct Pumping: Tributary: Location: Four Mile Creek 5. LOCATION OF STRUCTURE Garfield County 9 7 South NE1/4 Quarter/quarter 89 West 6's N E 1/4 Quarter Section Township Range Principal Meridian Distance of well from section lines 250 feet south of the North section line of said Section 9 820 feet west from the East section line of said Section 9 Elevation: 6400 Well location address: 0150 County Road 126 Glenwood Springs, CO 81601 (Attach additional pages for multiple structures) 6. LAND ON WHICH WATER WILL BE USED (Legal description may be provided as an attachment.) Legal Attached. Number of acres in tract: 10 acres Inclusion into the District, at Applicant's expense, may be required. 7. TYPE OF SEWAGE SYSTEM X Septic tank/absorption leach field OCentral system DOther District name: N/A 8. VOLUME OF LEASED WATER NEEDED IN ACRE FEET: 1.0 acre foot (minimum of 1 acre foot) Provide engineering data to support volume of water requested. Commercial, municipal, and industrial users must provide diversion and consumptive data on a monthly basis. A totalizing flow meter with remote readout is required to be installed and usage reported to West Divide. Applicant expressly acknowledges it has had the opportunity to review the District's form Water Allotment Contract and agrees this application is trade pursuanj9 subject to the firms and conditions contained therein. Appli Ap . scant Signature Application Date: 7,lv/pep L EXHIBIT B Current January 2004 WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT Name of Applicant: George W. and Jeri L. Sherick Quantity of Water in Acre Feet: 1.0 acre foot Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of C.R.S. 1973, §37-45-101 et seq., (hereinafter referred to as the "District") for an allotment contract to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this Contract and the attached Application, Applicant hereby agrees to the following terms and conditions: 1. Water Rights: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water, which will be supplemented and augmented by water leased herein. If Applicant intends to divert through a well, it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources. 2. Quantity: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicants point of diversion from the Districts direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in acre feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow, storage or otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terms and conditions of this Contract. The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein provided, Applicant may so notify the District in writing, and the amount of water allotted under this Contract shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and Location of Beneficial Use: Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses: industrial, municipal, domestic and related uses, or commercial (except for commercial use from Alsbury Reservoir and except to the extent that Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract No. 2-07-70-W0547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's control. 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir, Green Mountain Reservoir, Alsbury Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be 1 delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources, and release or delivery of water at such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir or Green Mountain Reservoir shall be subject to the District's lease contracts with the United States Bureau of Reclamation. Releases from other facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (October 1), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado Division of Water Resources to estimate any conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case. Water service provided by the District for properties located within the Bluestone and Silt Water Conservancy Districts is provided pursuant to Agreements with said Districts. The Intergovernmental Agreement between the District and the Silt Water Conservancy District, dated January 25, 2001, is recorded as Reception No. 575691, Garfield County Clerk and Recorder's Office. The Intergovernmental Memorandum of Understanding between the District and the Bluestone Water Conservancy District, dated April 26, 2001, is recorded as Reception No. 584840, Garfield County Clerk and Recorder's Office. 5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant. The District reserves the right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated herein, and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted under this Contract. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under Paragraph 19 below. In any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof. 6. Contract Payment: Non-refundable, one time administrative charge, in the amount determined by the Board of Directors of the District from time to time, shall be submitted with the application for consideration by the District. 2 Annual payment for the water service described herein shall be determined by the Board of Directors of the District. The initial annual payment shall be made in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the initial payment shall apply and the price which is applicable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. If an annual payment is not made by the due date a flat $50 late fee will be assessed. Final written notice prior to cancellation will be sent certified mail, return receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set forth in this Contract or Application. Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. If payment is not made within fifteen (15) days after the date of said written notice, Applicant shall at District's sole option have no further right, title or interest under this Contract without further notice, and delivery may be immediately curtailed. The allotment of water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District. Upon cancellation of this water allotment Contract with the District, the District shall notify the Division of Water Resources offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of all water use. 7. Additional Fees and Costs: Applicant agrees to defray any expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8. Assignment: This Contract shall not inure to the benefit of the heirs, successors or assigns of Applicant, without the prior written consent of the District's Board of Directors. Any assignment of Applicant's rights under this Contract shall be subject to, and must comply with, such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment Contracts. No assignment shall be recognized by the District except upon completion and filing of proper forms for assignment and change of ownership. In the event the water allotted pursuant to this Contract is to be used for the benefit of land which is now or will subsequently be subdivided or held in separate ownership, the Applicant may only assign the Applicant's rights hereunder to: I) No more than three separate owners all of whom shall be party to a well sharing agreement satisfactory to the District; or 2) A homeowners association, water district, water and sanitation district or other special district properly organized and existing under the laws of the State of Colorado, and then, only if such parties, association or special district establishes to the satisfaction of the District that it has the ability and authority to perform the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this Contract have any rights hereunder, except as such rights may exist pursuant to a well sharing agreement or through a homeowners association or special district as provided above. 3 Upon the sale of the real property to which this Contract pertains, Applicant shall make buyer aware of this Contract and proper forms for assignment and change of ownership must be completed. 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law. 10. Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement" with the District under terms and conditions determined by the board of Directors of the District, if and when, the Board of said District determines in its sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for additional annual monetary consideration for extension of District delivery services and for additional administration, operation, and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant. 11. Change of Use: The District reserves the exclusive right to review, reapprove or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described in the documents submitted to the District at the time this Contract is executed, or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, shall be deemed to be a material breach of this agreement. 13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal fee title interest in or to any water or water rights referred to herein. 14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict actual diversions to not exceed the contract amount, which provides water (on the formula of one acre foot per dwelling) for ordinary household purposes inside one single family dwelling, the watering of domestic livestock, fire protection, and the irrigation of lawn and garden as specified in the Application. Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Watering of livestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestock watering, provided that in no event shall actual diversions exceed the amount of water provided by this Contract. Violation of this paragraph 15 shall be deemed to be a material breach of this Contract. 4 16. Well Permit: If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well permit before District is obligated to deliver any water hereunder. 17. Measuring Device or Meter: Applicant agrees to provide, at its own expense, a measuring device deemed acceptable by the District's Engineer after consultation, or a totalizing flow meter with remote readout to continuously and accurately measure at all times alt water diverted pursuant to the terms of Applicant's water right and the terms of this Contract. Applicant agrees to provide accurate readings from such device or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result in legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. By signing this Contract, Applicant hereby specifically allows District, through its authorized agent, to enter upon Applicant's property during ordinary business hours for the purposes of determining Applicant's actual use of water. 18. Representations: By executing this Contract, Applicant agrees that it is not relying on any legal or engineering advice that Applicant may believe has been received from the District. Applicant further acknowledges that it has obtained all necessary legal and engineering advice from Applicant's own sources other than the District. Applicant further acknowledges that the District makes no guarantees, warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this Contract. Should the District be unable to provide the water contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund from the District. 19. Costs of Water Court Filing and Augmentation Plan: Should the District, in its own discretion, choose to include Applicant's Contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceedings. Applicant shall be assessed a pro -rata share of the total cost incurred by the District in preparing, filing and pursuing to decree the water court case. The pro -rata share shall be calculated by dividing such total cost by the number of contractees included in the filing. To the extent that the District is caused additional costs because of objection filed specifically due to the inclusion of Applicant's Contract in the filing, such additional costs may be charged specifically to Applicant and not shared on a pro -rata basis by all contractees. 20. Binding Agreement: This agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application to Lease Water From West Divide Water Conservancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. All correspondence from the District to Applicant referring to or relating to this agreement is by this reference incorporated into this agreement as further terms and conditions of this agreement. 21. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. 5 22. AREA B. CONTRACTS: IF APPLICANTS WELL OR OTHER WATER RIGHT THAT IS THE SUBJECT OF THIS CONTRACT IS LOCATED OUTSIDE "AREA A" AS DESIGNATED BY THE DISTRICT, THEN THIS PARAGRAPH APPLIES: THE AUGMENTATION WATER PROVIDED BY THE DISTRICT UNDER THIS CONTRACT MAY ONLY PROTECT APPLICANT"S WATER RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER SENIOR RIGHT. NO REPRESENTATION OTHERWISE IS MADE BY THE DISTRICT. IF THIS IS A CONCERN TO APPLICANT, THIS CONTRACT MAY BE RESCINDED UPON WRITTEN NOTICE DELIVERED TO THE DISTRICT BY THE APPLICANT WITHIN THE NEXT 30 DAYS FOLLOWING THE AFFIXING OF SIGNATURES ON THIS CONTRACT IN WHICH EVENT ALL SUMS PAID BY6I'LICANT FOR THIS CONTRACT SHALL BE IMMEDIATELY REFUNDED TO APPLICANT. Applicant STATE OF COLORADO ) ss. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me on this ,2006by George W. Sherick. Witness my hand and official seal. My commission expires: Applicant STATE OF COLORADO COUNTY OF GARFIELD ) ) ss. The foregoin instrument was acknowledged before me on this 200 by Jeri L. Sherick. Witness my hand and day of commission expires: O,,/!1/✓��`CJ/t) 6 ORDER After a hearing by the Board of Directors of the West Divide Water Conservancy District on the Application, it is hereby ORDERED that said Application be granted and this Contract shall be and is accepted by the District. WEST DIVIDE WATER CONSERVANCY DISTRICT By President A 1TEST: Secretary Date This Contract includes and is subject to the terms and conditions of the following documents which must accompany this Contract: 1. Map showing location of point of diversion (use map provided) 2. Application and Data Form fully completed and signed 7 .06/24/2006 11:19 FAX r'^ P ;u 1 1®013/017 a..wa • s -t a 3 S fin each 531. NIf519 d3.6.E i� i,,�.,, Way gla �• 3�' SH+�tIt S1 KNOW ALL MEN BY THESE PRESENTS THAT a PATRICE N. FT= MAUI91.n•. Exhibit A dt9sdiageffelawad* .. .. rBed . ansipte r•1 W11 •. =RICE end '• - .-- •-_." 3012 L SEER= .0 ••••••••.* Fry Second 4047 uighway 6 and 24 D sia,_n A.O. Rax ar Sent Adam 0 . Cern... Cto ow pi avowal iprI nit; a 11601 • 0.nwa . - fe follo.Yp dsai.ad wan in We County of Garfield .e4 Sow of gym: Intro in1/4. Section 9. Township 7 Sa Who Range 69 West of the 6A Principal Harlden. Together with a non-exclusive easaarxt or right-of-way for purposes of Ingres' and • egress to the above described preen!' fro. the Tour Nile -County Road, whit is easement being 60 feet in width on portions thereof and 24 feet in veld -.1 on the remainder thereof and is par - titularly described in Boot 504 at Page 363 of the Garfield County rea+ade. • eWe. alit agetrrtnrws and .en ns Stew the sew, nowt end Mal t) weal wadwry tunas fo me Caren taw. U.S. p•lsrl rmer ailla l Ind sellar. mre aid Si ossornsrid rights of mer tiara W pan bare so RMning. taring Ind Mho goosrirsintsi tat and ngulatt a • .a' ,.9t1l<J- ., war .�.�..w-..n--i-... swath drm._1 -ow W amort A.O 191 .. • p TRICK N. v 1-1PAILYVZ, FITS STATE OF COLORADO 1I COUNTY OF GARFIELD I sl T1s fw.Bai.., irreverent ver atb.er4dil.d Mon as Wt of ••••••••e tilL_br Patrick N. Fitzgerald and Marilyn A. Fit.egirald. Yawns nM Pard ad offkid n%. .. 77:77;;;\ !h anew lIali•M yip Casits Nein On A 1M .' - `'{r •.a4s.., .r.n. ..._._,. Mme. 31.Bn�t ..mem Nawry Relic t{�f=-ao , • u: 4 • 11•8 •••••••1• ••••••••• 4\47i'.i vel. /. Ye✓ left wort moo. `_ RECEIVED TIME' MAY.24.-12:17PM ..Ill PIM AS eta • enitSP - esmt ellemorMairIPPoirig COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST., RM 818, DENVER, CO 80203 phone - info: (303) 866-3587 main: (303) 866-3581 fax: (303) 866-3589 http://www.water.state.co.us [state Parcel ID# (optional): G9 J09%ocer RESIDENTIAL Note: Also use this form to apply for livestock watering Water Well Permit Application Review instructions on reverse side prior to completing form. The form must be completed in black or blue ink or typed. 1. Applicant Information Name of applicant George W. & Jeri L. Sherick Mailing address 0150 County Road 126 City Glenwood Springs Telephone # (970)945-6546 State Zip code CO 81601 E-mail (optional) Office Use Only Form GWS -44 (06/2006) 2. Type Of Application (check applicable boxes) ❑ Construct new well ❑ Replace existing well ❑ Change source (aquifer) ® Other: Permit new uses of existing well. ❑ Use existing well ❑ Change or increase use ❑ Reapplication (expired permit) 6. Use Of Well (check applicable boxes) See instructions to determine use(s) for which you may qualify ❑ A. Ordinary household use in one single-family dwelling O B. Ordinary household use in 1 to 3 single-family dwellings: ® Home garden/lawn irrigation, not to exceed one acre: ft. ❑ acre ❑ Domestic animal watering - (non-commercial) ❑ C. Livestock watering (on farm/ranch/range/pasture) (no outside use) Number of dwellings:/ area irrigated 1000 0 sq. 3. Refer To (if applicable) Well permit # 121860 NIA Designated Basin Determination # Well name or # Sherrick Well Water Court case # 4. Location Of Proposed Well County Garfield NE 1/4 N 6 1/4 Sec.9 T7 S R89 W0 6PM Distance of well from section lines (section lines are typically not property lines) at 6400 Ft above sea level 250 Ft from ®N ❑ S 820 Ft. from ®E❑W For replacement wells only -distance and direction from old well to new well feet direction Well location address (Include City, State, Zip) 0 Check if well address is same as in Item 1. 0150 CR 126, Glenwood Springs, CO 81601 Optional: GPS well location information in UTM format. GPS unit settings are as follows: Format must be UTM ❑ Zone 12 or ❑ Zone 13 Units must be Meters Datum must be NAD83 Unit must be set to true north Was GPS unit checked for above? ❑ YES Easting: Northing: Remember to set Datum to NAD83 7. Well Data (proposed) Maximum pumping rate 15 Total depth gpm feet Annual amount to be withdrawn 1.0 Aquifer acre-feet 8. Water Supplier Is this parcel within boundaries of a water service area? OYES 0 NO West Divide Water Conservation District (Contracted) 9. Type Of Sewage System ® Septic tank / absorption leach field ❑ Central system: District name: ❑ Vault: Location sewage to be hauled to: ❑ Other (attach copy of engineering design and report) 10. Proposed Well Driller License #(optional): 5. Parcel On Which Well Will Be Located (PLEASE ATTACH A CURRENT DEED FOR THE SUBJECT PARCEL) A. You must check and complete one of the following: ❑ Subdivision: Name Lot Block ❑ County exemption (attach copy of county approval & survey): Name/# Filing/Unit Lot # O Parcel less than 35 acres, not in a subdivision, attach a deed with metes and bounds description recorded prior to June 1, 1972, and a current deed ❑ Mining claim (attach a copy of the deed or survey): Namea# ❑ Square 40 acre parcel as described in Item 4 ❑ Parcel of 35 or more acres (attach a metes and bounds description or survey) ❑ Other (attach metes & bounds description or survey and supporting documents) B. # of acres in parcel C. Are you the owner of this parcel? OYES ❑ NO (if no - see instructions) D. Will this be the only well on this parcel? OYES ❑ NO (if no - list other wells) 11. Signature Of Applicant(s) Or Authorized Agent The making of false statements herein constitutes perjury in the second degree, which is punishable as a class 1 misdemeanor pursuant to C.R.S. 24-4-104 (13)(a). I have read the statements herein, know the contents thereof and state that they are true to my knowledge. Sign here (Must be original signatur) Dace "k2006 Print name & title George W. Sherick Office Use Only USGS map name Receipt area only DWR map no. Surface elev. WE WR CWCB TOPO MYLAR SB5 DIV WD BA MD EXHIBIT A COLORADO DIVISION OF WATER RESOURCES GWS -44 RESINST (06/2006) DEPARTMENT OF NATURAL RESOURCES RESIDENTIAL WELL PERMIT APPLICATION INSTRUCTIONS Applications must be typewritten or printed in BLACK or BLUE INK. ALL ITEMS In the application must be completed. Incomplete applications may be returned for more information. Applications are evaluated in chronological order. Please allow approximately six weeks for processing. This form may be reproduced by photocopying or computer generation. Reproductions must retain margins and print quality of the original form. FEES: This application must be submitted with the appropriate filing fee. The filing fee for applications is $100. Exceptions are as follows: 1) An application to replace or deepen an existing permitted well that in the same source (aquifer) which does not have a '-F' or' -R' suffix after the original permit number is $60.2) Applications to register an existing well (use Form GWS -12), and replace or deepen the well (use Form GWS -44) into the same aquifer is $100 if submitted together. Fees are nonrefundable. Acceptable forms of payment are check or money order, payable to the Colorado Division of Water Resources, and Visa or MasterCard (card number and expiration date must be provided on a separate attachment). USES: This form (GWS -44) is to be used when applying for a permit for the following types of uses: A. Ordinary household use inside one single-family residence (NO outside water use allowed): Generally, this is all that can be approved on parcels less than 35 acres. B. Ordinary household use in 1 to 3 single-family dwellings, irrigation of up to one acre of home garden and lawn, and watering of domestic animals: Generally, permits can be approved on parcels of land of 35 or more acres, or in areas inside the Designated Basins, the Denver Basin, limited areas on the Western Slope, and for subdivisions under a court -approved plan for augmentation that allow outside uses. C. Livestock watering on farm, ranch, range, or pasture (on parcels of 35 or more acres). DO NOT use this form for the registration of an existing unpermitted well (use Form GWS -12). ITEM INSTRUCTIONS: (numbers correspond with those on the front of this form) 1. The applicant is the entity for whom the permit is to be issued. Since the well owner is ultimately responsible for the use of the well, their name should be in this area. The mailing address is where the applicant currently receives mail. 2. Check all boxes that apply. 3. Complete all boxes that apply. 4. The county, % of the % section designation, section #, township, range, principal meridian, and distances from section lines for the proposed well must be provided. (An option to providing distances from section lines and the ''/. of the % section designation is to provide an accurate GPS location in UTM format. The required GPS unit settings must be as indicated on this form.) Colorado contains two (2) UTM zones. Zone 13 covers most of Colorado. The boundary between Zone 12 and Zone 13 is the 108" Meridian (longitude). West of the 108" Meridian is UTM Zone 12 and east of the 108" Meridian is UTM Zone 13. The 108" Meridian is approximately 57 miles east of the Colorado -Utah state line. On most GPS units, the UTM zone is given as part of the Fasting measurement, e.g. 1270123456. Check the appropriate box for the zone. Provide the property address of the well location if one exists. If it is the same as the mailing address, check the box next to the well location address. 5. Please attach a current deed for the subject parcel. If the parcel is less than 35 acres and not in a subdivision, a deed with metes and bounds legal description, recorded prior to June 1, 1972 must also be attached. Complete Items 5A through 5E (5E is optional). If you answered NO to Item 5C, please state in an attachment who the landowner is. If you are under a contract to purchase the subject property, please state this as well. If the parcel is inside the Denver Basin, the application must be in the name of, and signed by, the current landowner. 6. See above comments under USES to determine those uses for which you may qualify, and then check the applicable box or boxes. 7. The maximum pumping rate is limited to 15 gpm for most residential type well permits. The annual amount of water to be withdrawn is a volume measured in acre-feet. One acre-foot equals 325,851 gallons. For ordinary household use inside one single-family dwelling and no outside use, the annual amount will be about 1/3 acre-foot. For ordinary household use in three single-family dwellings, one acre of home garden/lawn irrigation, and watering of domestic animals, the annual amount will be about 3 acre-feet. For 100 head of livestock, the annual amount will be about 1.35 acre-feet. Please indicate the estimated depth of the proposed well. The proposed aquifer for the well must be indicated if the well is to be located within the Denver Basin (the approximate area of the Denver Basin extends south from Greeley to an area east of Colorado Springs and from Golden east to Limon), the San Luis Valley, the Southern High Plains basin in Baca or Mowers Counties, or in areas where it is believed the well will penetrate a confining layer. Aquifer information should be provided if known, for well locations outside of these areas. 8. The issuance of well permits may depend on the availability of another source of water, pursuant to CRS 37-92-602(6). (Statutes can be accessed through our web site.) 9. Check the applicable box, and complete or attach any additional information as requested in this item. 10. Wells must be constructed by a Colorado licensed well driller, or under the "private drilled provision as defined in CRS 37-91-102(12). 11. M ORIGINAL signature must be on the application. The individual signing the application must be the applicant or an officer of the corporation/company/agency identified as the applicant. An authorized agent may sign the application, if a letter signed by the applicant is submitted with the application authorizing that agent to sign on the applicant's behalf. IF YOU HAVE ANY QUESTIONS regarding any item on the application form, please call the Division of Water Resources Ground Water Information Desk (303-666-3587), or the nearest Division of Water Resources Field Office located in Greeley (970-352-8712), Pueblo (719-542-3368), Alamosa (719-589-6683), Montrose (970-249-6622), Glenwood Springs (970-945-5665), Steamboat Springs (970-879-0272), or Durango (970-247-1845), or refer to our web site at http:llwww.water.state.co.us for general information, additional forms, and access to state rules or statutes. .05/24/2006 11:19 FAX i 14013/017 Jillt ors hose 531 rllE5,g • ondiYisaife aisai s .. .. • Lind ... n - -i- . .: w -4S A. t�2Q sad W ' — .7E111 L. SIMQ Sword rety 46147 Highway 6 end 24 P.O. Bah at Seat Aedes rlrnm.d »rtrta /'nle 31601 an' Sin.. jv .01•116•W%••••7 W SW'ST . 0Inn y le. ums• • 0••.rra.e.a 0 . to we yean.s+s 415 fallowing g Scribed mon in the Carry of Gar flaid 'old See of Cando: x10sta4Nt4. Section 9, rownsbip 7 *nth. Rang. 69 Nest of the 6th Principal Harldan. Together with a non-exclusive eassst or right-of-way for purposes of ingrain and egress to the above described prope:?ty from the Four Mlle -County Road, who tl easement being. 60 feetin width on portions thereof and 24 feet ie wid J an the reminder thereof and is pa - titularly described S. Book 504 at Page 363 of the Garfield Canty reared.. with all ie.Mss oa and wrens Minolta sert inapt ad *Asa H oney p•ntety tens kr to anent ye. US. can relarsh re and saaptiws. zny and dl erorsted rights of .sy of apbic et parse mess ad olaenis, tahig and cent poerAnened nils ad r•pnioara • • • S16NfD Viii-tALday of 2119311th—.........A.13 19i1- • I Ca' I1PTuts N. 2L A. STATE OF COLORADO la COUNTY Of GARflESO 1 • st TIM to., ..4 iwnanwn tea ac►ro«Mdl.d Son no 14 lay d a•••"••• I9.ZLby Petrick N. Fitzgerald and Marilyn A. Pit:girald. Ma gni hand end °M dmels W aermLon eupis: >; ends f4 71 x66 • 9IiUs - L .d4..•era t+ t .... y.r —ra No tory Public •La W j eef.` • RECEIVED TIME' MAY. 24.'12:17PM•' 41 Knit aszott.•awtte Pa M• i ellolleongetlIMPIPUlleMe Parcel Detail Page 1 of 3 Garfield County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search Basic Buildin&Characteristics I Tax Information Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Land Detail I Photographs Tax Area 008 Account Number R080276 Parcel Number 239509100061 Mill Levy 63.502 Owner Name and Mailing Address SHERICK, GEORGE W. & JERI L. 0150 COUNTY ROAD 126 GLENWOOD SPGS, CO 81601 Legal Description SECT,TWN,RNG:9-7-89 DESC: NWNENE BK:0531 PG:0519 Location Physical Address: 150 126 COUNTY RD GLENWOOD SPRINGS Subdivision: Land: 175,000 13,930 Land Acres: 10 43,920 Total: Land Sq Ft: 0 Section Township Range 9 7 89 Property Tax Valuation Information I I http://www.garcoact.com/assessor/Parcel.asp?AccountNumber=R080276 7/7/2006 Actual Value Assessed Value Land: 175,000 13,930 Improvements: 551,720 43,920 Total: 726,720 57,850 I I http://www.garcoact.com/assessor/Parcel.asp?AccountNumber=R080276 7/7/2006 Parcel Detail Page 2 of 3 Sale Date: Sale Price: Basic Building Characteristics Number of Residential Buildings: Number of Comm/Ind Buildings: 2 0 Tax Information Tax Year Residential Building Occurrence 1 Characteristics Amount TOTAL HEATED AREA: 2,646 ABSTRACT CODE: DUP/TRIPLEXES-IMPROVEMTS ARCHITECTURAL STYLE: 1-STRY/BSM EXTERIOR WALL: WD SIDING EXTERIOR WALL: FR STUCCO ROOF COVER: COMP SHNGL ROOF STRUCTURE: GABLE INTERIOR WALL: DRYWALL FLOOR: CARPET FLOOR: HARD TILE HEATING FUEL: GAS HEATING TYPE: HT WTR RAD STORIES: STORIES 1.0 BATHS: 3 ROOMS: 6 UNITS: 1 BEDROOMS: 3 YEAR BUILT: 1984 Tax Information Tax Year Transaction Type Amount 2005 Tax Payment: Second Half ($1,836.80) 2005 Tax Payment: First Half ($1,836.80) 2005 Tax Amount $3,673.60 2004 Tax Payment: Second Half ($979.71) 2004 Tax Payment: First Half ($979.71) 2004 Tax Amount $1,959.42 2003 Tax Payment: Second Half ($864.21) 2003 Tax Payment: First Half ($864.21) 2003 Tax Amount $1,728.42 http://www.garcoact.com/assessor/Parcel.asp?AccountNumber=R080276 7/7/2006 Parcel Detail Page 3 of 3 2002 Tax Payment: Second Half ($813.00)1 2002 Tax Payment: First Half ($813.00) 2002 Tax Amount $1,626.00 2001 Tax Payment: Second Half ($818.30) 2001 Tax Payment: First Half ($818.30) 2001 Tax Amount $1,636.60 2000 Tax Payment: Second Half ($811.44) 2000 Tax Payment: First Half ($811.44) 2000 Tax Amount $1,622.88 1999 Tax Payment: Second Half ($748.39) 1999 Tax Payment: First Half ($748.39) 1999 Tax Amount $1,496.78 Top of Page Assessor Database Search Options I Treasurer Database Search Options Clerk & Recorder Database Search Options Garfield County Home Page The Garfield County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Garfield County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Copyright © 2005 - 2006 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. '‘ttp://www.garcoact.com/assessor/Parcel.asp?AccountNumber=R080276 7/7/2006 Page 1 of 2 httn://165.127.23.116/website/lttools/search/searchMorelnfo.asp?txtReceipt=0217305 7/7/2006 Receipt 0217305 121860 Permit Number Division 5 City GLENWOOD SPRINGS Permit Suffix Permit Replacement Date Received 07/13/1981 Permit Status Well permit issued. Interim Status Resubmitted date. Interim Date 07/13/1981 Water District 38 Designated Basin Management District Name SHERICK GEORGE W Address 1 158 WEST 6TH STREET #2 Address 2 (City GLENWOOD SPRINGS State CO Zip 81601 Aquifer 1 ALL UNNAMED AQUIFERS Aquifer 2 Subdivision PM & MA FITZGERALD (RESOLUTION NO. 78-20) Lot Block Filing Use 1 HOUSEHOLD USE ONLY Use 2 Use 3 Yield (gal/min) 5 Depth (feet) 360 Level (feet) 78 Meridian S Township 7 Township Half Township Dir S Range S9 Range Half Range Dir W Section 9 Section Half Qtr 160 NE Qtr 40 NE httn://165.127.23.116/website/lttools/search/searchMorelnfo.asp?txtReceipt=0217305 7/7/2006 Page 2 of 2 Qtr 10 Coords NS (feet) 250 Coords NS Dir S Coords EW (feet) 820 Coords EW Dir E http://165.127.23.116/website/lttools/search/searchMorelnfo.asp?txtReceipt=0217305 7/7/2006 EDWARD MULHALL, JR. SCOTT BALCOMB LAWRENCE R. GREEN TIMOTHY A. THULSON DAVID C. HALLFORD CHRISTOPHER L. COYLE THOMAS J. HARTERT CHRISTOPHER L. GEIGER SARA M. DUNN DANIEL C. WENNOGLE SCOTT GROSSCUP SHANTI A. ROSSET* * LICENSED IN ARIZONA ONLY VIA Hand Delivery BALCOMB & GREEN, P.C. ATTORNEYS AT LAW P.O. DRAWER 790 818 COLORADO AVENUE GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: 970.945.6546 FACSIMILE: 970.945.8902 www.balcombgreen.com July 7, 2006 Richard Wheeler Garfield County Building and Planning 108 8th Street, Ste. 401 Glenwood Springs CO 81601 KENNETH BALCOMB 1920-2005 OF COUNSEL: JOHN A. THULSON SPECIAL COUNSEL: WALTER D. LOWRY RECEIVED Jut. 7 2006 BUI GARFIEO NG & p SUN TY CANNING Re: Special Use Permit for George and Jeri Sherick/Accessory Dwelling Unit/0150 County Road 126 Dear Richard: At long last I believe I have accumulated the documents necessary to adequately respond to your correspondence of December 2005 regarding the above -entitled matter. These documents which together with my comments thereto are identified below are submitted in the same order as the issues raised in your correspondence identified above, to wit: 1. The Sherick's application for expansion of use under Well Permit 121860 heretofore filed with the Colorado Division of Water Resources is provided herewith as Exhibit A. As correctly raised in your correspondence, this well permit was limited to one single family home. Approval of the enclosed Application will allow the required expansion to include the requested for accessory dwelling unit. 2. I have resubmitted the applications heretofore filed with the West Divide Water Conservancy District for water allotment contracts to augment the expanded use hereinabove set forth. This contract correctly identifies the well and structures served thereby as being located entirely within Section 9, Township 7 South, Range 89 West of the 6' Principal Meridian. A copy of this executed Application is attached hereto as Exhibit B. BALCOMB & GREEN, P.C. ATTORNEYS AT LAW July 7, 2006 Page 2 3. I have provided a stamped and dated Improvement Survey of the subject parcel as Exhibit C. With regard to this survey, I would note that the well which is the subject of our Permit Application is located off the subject parcel; however, the parcel upon which the well is located is also owned by George and Jeri Sherick. This second parcel was in fact one of the parcels created under Garfield County Board of County Commissioners Resolution No. 78-20, a copy of which was previously provided to you as Exhibit H of the original Application for Special Use Permit. It is my client's present intention to do a boundary line adjustment which will include within the subject parcel the outbuildings and wells presently lying outside the subject parcel and depicted within the Improvement Survey hereinabove identified. This boundary line adjustment which we could perform coincident with any SUP approval would obviate the need for any well sharing agreement or easements, the validity of which given the unity of ownership would be of doubtful validity anyway. 4. A copy of the original deed conveying title of the subject property to the Shericks is attached hereto as Exhibit D. 5. At the present time I am attempting to determine how the subject parcel was in fact created. As set forth above, the parcel now owned by the Shericks adjacent to the subject parcel is created by unrecorded Resolution for Subdivision Exemption Approval (Resolution No. 78-80). As discussed with you given that it was the practice in those days to record some Resolutions approving subdivision exemptions and others not, this could be a difficult task. However, I would note that the subject parcel has been held by the Shericks in its present configuration and taxed as such since 1978. 6. I have also included herewith as Exhibit E an executed letter authorizing George Sherick to act on his wife Jeri's behalf. I believe this should bring this Application into technical compliance and look forward to discussing any questions or further concerns that you may have at your convenience. Very truly yours, BALCOMB & GREEN, P.C. By: Enclosures cc: George Sherick 4i' imoA. ulson RECEIVED JUL 7 2006 GARFIEL_p COUNTY BULDTh G & PLANNING GARFIELD COUNTY BUILDING AND SANITATION DEPARTMENT 2014 Blake Avenue Glenwood Springs, Colorado 81601 Phone (903) 945.8241 INDIVIDUAL SEWAGE DISPOSAL PERMIT Owner George W. Sherick 1349 This does not constitute a building or use permit. System Location Nid 1/4r NF, 1/4, NF. 1/4 Sg 917S RAQW 117Rcar7 Licensed Installer • Conditional Construction approval is hereby granted for a 750 gallon )D1X Septic Tank or Aerated treatment unit. Absorption area (or dispersal area) computed as follows: Pere rate of one inch in /S minutes requires a minimum of .)7 7 sq. ft. of absorption area per bedroom. Therefore the no. of bedrooms 2 x r -J77 sq ft minimum requirement = a total of --5: q, ft. of absorption area. Ma .s4e suggest 4' Jr it 7 Date // —.- 3 / Se ra C - FINAL APPROVAL OF SYSTEM: Inspector I No system shall be deemed to be in compliance with the Sewage Disposal Laws until the assembled system is approved prior to cover- ing any part. K. I -Trade name of septic tank or aerated treatment unit. 1000 Septic Tank access for inspection and cleaning within 12" of ground surface or aerated access ports above ground surface. Proper materials and assembly. ©K bK OK Date i` Adequate absorption (or dispersal) area. Adequate compliance with permit requirements. Adequate compliance with County and State regulations/requirements. • L LIe4 T/erJ $3 Inspector .f CCn-.- w.,".. RETAIN WITH RECEIPT RECORDS AT CONSTRUCTION SITE 4 'CONDITIONS: 1. All installation must comply with all requirements of the County Individual Sewage Disposal Regulations, adopted pursuant to au- thority granted in 66-44-4, CRS 1963, amended 66-3-14, CRS 1963. 2. This permit is valid only for connection to structures which have fully complied with County zoning and building requirements. Connection to or use with any dwelling or structures not approved by the Building and Zoning office shall automatically be a viola- tion of a requirement of the permit and cause for both legal action and revocation of the permit. 3. Section III, 3.24 requires any person who constructs, alters, or installs an individual sewage disposal system in a manner which in- volves 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: Orem Copy Dep.rtmant: Pink copy Application INDIVIDUAL SEWAGE DISPOSAL SYSTEM APPLICATION Approval by yr.County Official: OWNER fee "eE' CtJ. CC ADDRESS ASA Gd. (07w. ST. 2 4"GIJS PHONE 9¢S -Z7/9 (SZ CONTRACTOR 20 } a i,4ye/3H,,,i,Cs ADDRESS fo. ROI( Y2.cr yiWS PHONE 91-c-9t99f PERMIT REQUEST FOR: (1. -1 -New Installation ( ) Alteration ( ) Repair Attach separate sheets or report showing entire area with respect to surround'ng areas, topography of area, habitable building, location of potable water wells, soil percolation test holes, soil profiles in test holes. (See page 4.) LOCATION OF PROPOSED FACILITY: County �A2F/FGh Near what City of Town 6LFNLv000 .s—Pk/'V S Lot Size JO ARC Legal Description Nw4)7St , /vc- Vi NE'%sc ,S 9 7-711S fee -991 Cs/ 6 77" /Yin //7 GPO WASTES TYPE: ( ✓j''Dwelling ( ) Transient Use ( ) Commercial or Institutional ( ) Non-domestic Wastes ( ) Other - Describe BUILDING OR SERVICE TYPE: iyO U S E Number of bedrooms Z Number of persons 3 ( tilarbage grinder (1 -1 -Automatic washer (v4 Dishwasher SOURCE AND TYPE OF WATER SUPPLY: 0/5 -well ( ) spring ( ) stream or creek Give depth of all wells within 180 feet of system: -- If supplied by'community water, give name or supplier: GROUND CONDITIONS: Depth to bedrock: cig rat, 77,'ta-t/ 9 i Depth to first Ground Water Table: .5. 6 - Percent ground slope: 0 712 /S DISTANCE TO NEAREST COMMUNITY SEWER SYSTEM: It M is F -S Was an effort made to connect to community system? no nc 6 TYPE OF INDIVIDUAL SEWAGE DISPOSAL SYSTEM PROPOSED: (eptic Tank ( ) Aeration Plant ( ) Vault ( ) Vault Privy ( ) Composting Toilet ( ) Recycling, potable use ( ) Pit Privy ( ) Incineration Toilet ( ) Recycling, other use ( ) Chemical Toilet ( ) Other - Describe: FINAL DISPOSAL BY: (44 -Absorption Trench, Bed or Pit ( ) Evapotranspiration ( ) Underground Dispersal ( ) Sand Filter ( ) Above Ground Dispersal ( ) Wastewater Pond ( ) Other - Describe: WILL EFFLUENT BE DISCHARGED DIRECTLY INTO WATERS OF THE STATE? Page 2 Apt. 'PERCOLATION TEST RESULTS: (To be completed by Registered Professional Engineer.) Minutes per inch in hole No. 1 Minutes Minutes per inch in hole No. 2 Minutes Name, address and telephone of RPE who made soil absorption tests: per inch in hole No. 3 per inch in hole No. Name, address and telephone of RPE responsible for design of the system: Applicant acknowledges that the completeness of the application is conditional upon such further mandatory and additional tests and reports as may be required by the local health department to be made and furnished by the applicant or by the local health department for purposes of the evaluation of the application; and the issuance of the permit is subject to such terms and conditions as deemed necessary to insure compliance with rules and regulations adopted under Article 10, Title 25, C.R.S. 1973, as amended. The undersigned hereby certifies that all statements made, information and reports submitted herewith and required to be submitted by the applicant are or will be represented to be true and correct to the best of my knowledge and belief and are designed to be relied on by the local department of health in evaluating the same for purposes of issuing the permit applied for herein. I further under- stand that any falsification or misrepresentation may result in the denial of the application or revocation of any permit granted based upon said application and in legal action for per- jury as provided by law. Date /0 -/9- 6,3 PLEASE DRAW AND ACCURATE MAP TO YOUR PROPERTY Signed ' Page 3 PLOT PLAN AND DESIGN FEATURES: Include by measured distance location of wells, springs, potable water supply lines, cisterns, buildings, property lines, subsoil drains, lake, water course, stream, dry gulch and show location of proposed system by direction and distance from dwelling or other fixed reference object, and additional submissions in support of this application such as data, plans, specifications, statements and commitments. Page 4 4'. Job Address Nature of Work Use of Building Owner GARFIELD COUNTY BUILDING AND SANITATION DEPARTMENT ,r• 2014 Blake Avenue Glenwood Springs, Colorado 81601 (303) 945-8241 / (303) 625-3321 Building Permit 117 Brad 2 miles up on right side N2 1011917 Single family Dwelling Den6p 6. Jeri Sberirk Contractor G.W. Peirhank6 Amount of Permit; $ 338.65 Date• Number 1, 1983 School impact Fee #78 Ellen L. Flicks, Clerk t140 Permission is hereby granted to Building Permit No 2917 Zone District-- - situated at 7,.n Lot Blk Addition for the following purpose single family dw,I is Ouul G_M_ Fairbanks CERTIFICATE OFOCCUPANCY • BUILDING DEPARTMENT GARFIELD COUNTY, COLORADO Issued Without Fee George d Jeri Sherick 1984 Contractor TAKE NOTICE No change shell be made in the use of this building with. t. oat prior notice and certifi• cafe from the Building Official. 2 White: Owner Note: Green: Lending Agency Gold: Contractor Yellow: Building Department Pink: Assessor Final grading and decks not complete due to.weabher. - CiARFIELp "LINTY BUILDING DEPARTMENT BY �,e'".,,•i; (.Illi BUILDING PERMIT APPLICATION GARFIELD COUNTY BUILDING DEPARTMENT Owner• Contractor or Builder Location • Garfield County, Colorado, ZIT at 192C3 ADDRESS: PHONE: Purpose for which building is to be used Size of Loo /0 ,4, eC 3 Distance of building from property line at Front• / 7 5 ' Rear: t(6 E' Left Side: 2 2 5t Right Side• c/ 0 U Distance from nearest building Number of stories: 2 Source of water supply: et; vitro (tGf� Number of rooms• 7 cI Type of sewage disposal: may: .. /AO r Ifs, £F'42Type of foundation: A., , f r0 Width of building: 3 o ' Material in outside walls- 24 C Length of building. / / g g: Y 7 Exterior finish• LAr Cs o! r1 v Height of walls: 2" r Ty e o�f,roof. / ria sg ‘1( ro ,.�� S �, :. �F S Floor space in square feet- ('(CO Ir6t7l/y�/ Wee c (i 0620 emikEstimated value $ *4 P70 ��� ®7-0 �o .02 Date construction will begin: / o — 7 $ 5 Date of completion. /— 7. 2 -- SO Permit charge• $ .A ti elaseety And I/We hereby agree to build strictly to the terms of the above description, and also to clear the grounds and adjacent street or streets of all rubbish and debris caused by the construction of said building. Respectfully rJ NOTE: If you are constructing a dwelling on a building site established by subdivision process or by SB35 Exemption prior to 4/20/81 or if the parcel of land is more than 35 acres, you may be subject to assessment of a $200.00 School Impact Fee prior to the issuance of a building permit, as provided�'in Garfield CountytResolution No. 81-263 as an amendment to the The county Z'"o�itmrsssdtoners hkreLy, rand��e a�eve permit as per terms therein stated. This 9 at day of Plan check fee: $ TOTAL: 19 ulspectioW 12eedokd 14OST Till CARD AT OR NEAR FRONT on au i LDING ow,/ GARFIELD COUNTY BUILDING AND SANITATION DEPARTMENT 1-)2014'Bleke Avenue (/� Glenwood Springs, Colorado 81601 (309) 945-8241 1(303) 625.3321 Job Address 117 load 2 miles up as right side Nature of Work Saucing Permit N2 002917 N9 002917 Use of Building Single family Duelling Owner Contractor Amount of Permit: $ FORM 3002 Geroge & Jeri Sherick G.W. Fairbanks 338.65 Date. Novati*r 1, 1983 School Impact Fee #78 Ellen L. IiiGcs, Clerk NOTE: ALL CHECKS MUST BE MADE PAYABLE TO GARFIELD COUNTY TREASURER Inspector must sign all spaces p relining to this lob INSPECTION L DATE INSPECTOR Foundations RoughGasPiping Rough Heating and Ventilation Setback Og/hr /l/7//8 5 Trepch/3r ale //`/�/8.? AT Reinforcing'G6 Foundation Well #4 ,a ///5 Jr-. Weatherproofing ��� Pour no concrete until above ha bean signed Concrete Slab Floor Electrical (Groundwork) Plumbing (Groundwork) Gas Piping (Groundwork) Do not pour floor until above has been signed Rough Electrical /3/ L Rough Plumbing r? k 7, 01.7- A. - RoughGasPiping Rough Heating and Ventilation (Above must be signed prior to f amino inspection) Insulation // /o // Framing o r', ;/f o/b 4-" 0IA over no work until above line been signed Lath and Plaster (Interior) Lath Scratch Coat Brown Coat Finish Coat Wallboard Lath andYl.fl9'txteilot;" Lath Scratch Coat Brown Coat Finish Coat Miscellaneous Roofing Sewer Refrigeration Electrical Underground Final Electrical Fixtures Plumbing Fixtures nj Gas Piping Heating and Ventilation Joh Completed d5.2 egg Current January 2004 WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT Name of Applicant: George W. and Jeri L. Sherick Quantity of Water in Acre Feet: 1.0 acre foot Contract #FM060720GJS(a) Map # FM48 Date Activated 7/20/06 Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of C.R.S. 1973, §37-45-101, et seq., (hereinafter referred to as the "District") for an allotment contract to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this Contract and the attached Application, Applicant hereby agrees to the following terms and conditions: I. Water Rights: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water, which will be supplemented and augmented by water leased herein. If Applicant intends to divert through a well, it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources. 2. Ouantity: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in acre feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow, storage or otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terms and conditions of this Contract. The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein provided, Applicant may so notify the District in writing, and the amount of water allotted under this Contract shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and Location of Beneficial Use: Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses: industrial, municipal, domestic and related uses, or commercial (except for commercial use from Alsbury Reservoir and except to the extent that Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract No. 2-07-70-W0547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's control. 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir. Green Mountain Reservoir, Alsbury Reservoir, or other works or facilities of the District, or from other sources available to the District, shall he 1 tFf... Y delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources, and release or delivery of water at such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir or Green Mountain Reservoir shall be subject to the District's lease contracts with the United States Bureau of Reclamation. Releases from other facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (October I), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado Division of Water Resources to estimate any conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case. Water service provided by the District for properties located within the Bluestone and Silt Water Conservancy Districts is provided pursuant to Agreements with said Districts. The Intergovernmental Agreement between the District and the Silt Water Conservancy District, dated January 25, 2001, is recorded as Reception No. 575691, Garfield County Clerk and Recorder's Office. The Intergovernmental Memorandum of Understanding between the District and the Bluestone Water Conservancy District, dated April 26, 2001, is recorded as Reception No. 584840, Garfield County Clerk and Recorder's Office. 5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant. The District reserves the right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated herein, and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted under this Contract. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under Paragraph 19 below. In any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof. 6. Contract Payment: Non-refundable, one time administrative charge, in the amount determined by the Board of Directors of the District from time to time, shall be submitted with the application for consideration by the District. 2 Annual payment for the water service described herein shall be determined by the Board of Directors of the District. The initial annual payment shall be made in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the initial payment shall apply and the price which is applicable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. If an annual payment is not made by the due date a flat $50 late fee will be assessed. Final written notice prior to cancellation will be sent certified mail, return receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set forth in this Contract or Application. Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. If payment is not made within fifteen (15) days after the date of said written notice, Applicant shall at District's sole option have no further right, title or interest under this Contract without further notice, and delivery may be immediately curtailed. The allotment of water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District. Upon cancellation of this water allotment Contract with the District, the District shall notify the Division of Water Resources offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of all water use. 7. Additional Fees and Costs: Applicant agrees to defray any expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8. Assignment: This Contract shall not inure to the benefit of the heirs, successors or assigns of Applicant, without the prior written consent of the District's Board of Directors. Any assignment of Applicant's rights under this Contract shall be subject to, and must comply with, such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment Contracts. No assignment shall be recognized by the District except upon completion and filing of proper forms for assignment and change of ownership. In the event the water allotted pursuant to this Contract is to be used for the benefit of land which is now or will subsequently be subdivided or held in separate ownership, the Applicant may only assign the Applicant's rights hereunder to: 1) No more than three separate owners all of whom shall be party to a well sharing agreement satisfactory to the District; or 2) A homeowners association, water district, water and sanitation district or other special district properly organized and existing under the laws of the State of Colorado, and then, only if such parties, association or special district establishes to the satisfaction of the District that it has the ability and authority to perform the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this Contract have any rights hereunder, except as such rights may exist pursuant to a well sharing agreement or through a homeowners association or special district as provided above. 3 Upon the sale of the real property to which this Contract pertains, Applicant shall make buyer aware of this Contract and proper forms for assignment and change of ownership must be completed. 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law. 10. Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement" with the District under terms and conditions determined by the board of Directors of the District, if and when, the Board of said District determines in its sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for additional annual monetary consideration for extension of District delivery services and for additional administration, operation, and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant. 11. Change of Use: The District reserves the exclusive right to review, reapprove or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described in the documents submitted to the District at the time this Contract is executed, or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, shall be deemed to be a material breach of this agreement. 13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal fee title interest in or to any water or water rights referred to herein. 14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict actual diversions to not exceed the contract amount, which provides water (on the formula of one acre foot per dwelling) for ordinary household purposes inside one single family dwelling, the watering of domestic livestock, fire protection, and the irrigation of lawn and garden as specified in the Application. Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Watering of livestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestock watering, provided that in no event shall actual diversions exceed the amount of water provided by this Contract. Violation of this paragraph 15 shall be deemed to be a material breach of this Contract. 4 16. Well Permit: If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well permit before District is obligated to deliver any water hereunder. 17. Measuring Device or Meter: Applicant agrees to provide, at its own expense, a measuring device deemed acceptable by the District's Engineer after consultation, or a totalizing flow meter with remote readout to continuously and accurately measure at all times all water diverted pursuant to the terms of Applicant's water right and the terms of this Contract. Applicant agrees to provide accurate readings from such device or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result in legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. By signing this Contract, Applicant hereby specifically allows District, through its authorized agent, to enter upon Applicant's property during ordinary business hours for the purposes of determining Applicant's actual use of water. IS. Representations: By executing this Contract, Applicant agrees that it is not relying on any legal or engineering advice that Applicant may believe has been received from the District. Applicant further acknowledges that it has obtained all necessary legal and engineering advice from Applicant's own sources other than the District. Applicant further acknowledges that the District makes no guarantees, warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this Contract. Should the District be unable to provide the water contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund from the District. 19. Costs of Water Court Filing and Augmentation Plan: Should the District, in its own discretion, choose to include Applicant's Contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceedings. Applicant shall be assessed a pro -rata share of the total cost incurred by the District in preparing, filing and pursuing to decree the water court case. The pro -rata share shall be calculated by dividing such total cost by the number of contractees included in the filing. To the extent that the District is caused additional costs because of objection filed specifically due to the inclusion of Applicant's Contract in the filing, such additional costs may be charged specifically to Applicant and not shared on a pro -rata basis by all contractees. 20. Binding Agreement: This agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application to Lease Water From West Divide Water Conservancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. All correspondence from the District to Applicant referring to or relating to this agreement is by this reference incorporated into this agreement as further terms and conditions of this agreement. 21. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS. FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. 5 22. AREA B. CONTRACTS: IF APPLICANT'S WELL OR OTHER WATER RIGHT THAT IS THE SUBJECT OF THIS CONTRACT IS LOCATED OUTSIDE "AREA A" AS DESIGNATED BY THE DISTRICT, THEN THIS PARAGRAPH APPLIES: THE AUGMENTATION WATER PROVIDED BY THE DISTRICT UNDER THIS CONTRACT MAY ONLY PROTECT APPLICANT"S WATER RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER SENIOR RIGHT. NO REPRESENTATION OTHERWISE IS MADE BY THE DISTRICT. IF THIS IS A CONCERN TO APPLICANT, THIS CONTRACT MAY BE RESCINDED UPON WRITI EN NOTICE DELIVERED TO THE DISTRICT BY THE APPLICANT WITHIN THE NEXT 30 DAYS FOLLOWING THE AFFIXING OF SIGNATURES ON THIS CONTRACT IN WHICH EVENT ALL SUMS PAID BY APPL �� FOR THIS CONTRACT SHALL BE IMMEDIATELY REFUNDED TO APPLICANT. Applicant George Sherick STATE OF COLORADO ) ss. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me on this L day of Abnit, 200by George W. Sherick. Witness my hand and official seal. My commission expires: Applicant ` eri L. Sherick STATE OF COLORADO ) ss. COUNTY OF GARFIELD 0w �J The foregoin instrument was acknowledged before me on this (y day of .444 f 20 by Jeri L. Sherick. � U Witness my hand and off i i, I seal. My commission expires: c>3/45/620/40 6 ORDER After a hearing by the Board of Directors of the West Divide Water Conservancy District on the Application, it is hereby ORDERED that said Application be granted and this Contract shall he and is accepted by the District. WEST DIVIDE WATER CONSERVANCY DISTRICT By President Date 7 /2_, /6> sg. This Contract includes and is subject to the terms and conditions of the following documents which must accompany this Contract: I. Map showing location of point of diversion (use map provided) 2. Application and Data Form fully completed and signed 7 3 0 FROM : J&M PUMP COMPANY FRX NO. : 970 945 6159 Laboratory Services Division VI DO Lowry Boulevard, Denver CO 80230.6928 US Mail: PO li)ox 11123E Dentiv CO� r� (303)89 90 fax (303 344 889 80217 George Shwa Diamond Mian well Contact Nome Natant Plume • 8' and M pump Inc 86:,1 117 Road Feb. 20 2008 01:59PM P1 Lea&, MSA-2oo8801.1318 S.4kll'i.F trwolintA`1'Ii)h Collected 1/29/2008 130:008k Received li30J2008 I0:28:00AM Repotted 2/20/2008 Collected By Matrix Drinking Water Gtnnwood Springs, Co 81601 Test Name Facherfehia coil PA Total califemas PA Result L IYarpOse Rnurine Cbtnrinu rimidual Method Name E. coli not detected Coliform absent or less than one (al), Indicans a microbiologically safe sample FEB 222008 LARS Interact Addles' : hap:Ihvww,edphe.atata.ce.ealrilrimm.hnn Modifcatioe Date:212t (2008 11203 T Lld 6ST9S1760i_6T610/ SM 9223 Pcym>atryeo fled +90492$90/6 IN7WIN#1 i nriaaxrInn!m d., r.c•r EDWARD MULHALL, JR. SCOTT BALCOMB LAWRENCE R. GREEN TIMOTHY A. THULSON DAVID C. HALLFORD CHRISTOPHER L. COYLE THOMAS J. HARTERT CHRISTOPHER L. GEIGER SARA M. DUNN DANIEL C. WENNOGLE SCOTT GROSSCUP Via Hand Delivery BALCOMB & GREEN, P.C. ATTORNEYS AT LAW P.O. DRAWER 790 818 COLORADO AVENUE GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: 970.945.6546 FACSIMILE: 970.945.8902 www.balcombgreen.com RECEIVErilry 8, 2007 JAN 0 9 2007 GARFIELD COUNTY David Pesnichak BUILDING & PLANNING Senior Planner Garfield County Building and Planning Department 108 8th Street, Ste. 401 Glenwood Springs CO 81601 Re: Sherick Special Use Permit for ADU Dear David: KENNETH BALCOMB 1 920-2005 OF COUNSEL: JOHN A. THULSON I enclose herewith photographs of each room of the at -issue -accessory dwelling unit. The dimensions of each are written on the backside of each photograph. Thanks for the reminder. Enclosures Very truly yours, BALCOMB & GREEN, P.C.