Loading...
HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com SPECIAL USE PERMIT Doc. #51/t`tPi,` --- 5 GENERAL INFORMATION (Please print legibly) Name of Property Owner: James A. and Maria P. Gornick D Mailing Address: P.O. Box 634 Telephone: (970) 928-8999 (James' work) D City: New Castle State: CO Zip Code: 81647 Cell: (970) 379-1763 E-mail address: jgornick(r�sopris.net FAX: (970) 928-9001 D Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc): - Melody D. Massih, Olszewski, Massih & Maurer, P.C. D Mailing Address: P.O. Box 916 Telephone: (970) 928-9600 D City: Glenwood Springs State: CO Zip Code: 81602 ➢ E-mail address: melody a(�ommpc.com FAX: (970) 928-9600 Description of Special Use Requested: Applicants are seeking approval for an accessory dwelling unit on their residential real property. The additional dwelling unit is a one bedroom garage apartment having total gross floor area of approximately 1296 square feet. The unit meets all of the standards set forth in Section 5.03.21 of the Garfield County Zoning Regulations, as is set forth in more detail on the attached correspondence. D Street Address / Location of Property: 6134 County Road 214, New Castle, CO 81647 D Legal Description: See attached legal description. D Assessor's Parcel Number: 218105100238 D Existing Use: Single Family Dwelling D Property Size (in acres) 7 acres Zone District: (A/R/RD) Last Revised 7/1/08 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 the subject property and all public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, private and public, and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the County Assessor's Office. You will also need the names (if applicable) of all mineral interest owners of the subject property, identified in the County Clerk and Recorder's records in accordance with §24-65.5-101, et seq. (That information may 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 a 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 planning/index.htm, or information can be obtained from this office 10. A $525.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. 11. Submit 3 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 in the paragraph 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 st.)ements abov/.nd hi`ve provided the required attached information which k correc �► d accurate to / i�J f nature of roperty Ow f my knowledge. (Da e) GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and James A. and Maria P. Gornick (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for Special Use Permit (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: 11/14/08 ,Tamps S _ and Maria P _ Gornick Print Name Mailing Address: p_ 0 Box 634 NeTa Caste e, CO 81 647 10/2004 Page 4 Edward B. Olszewski Melody D. Massih Amanda N. Maurer OLSZEWSKI, MASSIH & MAURER, P.C. ATTORNEYS AT LAW P.O. Box 916 214 - 8TH STREET, SUITE 210 GLENWOOD SPRINGS, CO 81602 TELEPHONE: 970.928.9100 FACSIMILE: 970.928.9600 November 14, 2008 Garfield County Building and Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: SPECIAL USE PERMIT FOR JAMES AND MARIA GORNICK Dear Staff Planner: Website: www.ommpc.com Enclosed is the Special Use Permit Application for James and Maria Gornick for property located at 6134 County Road 214, New Castle, CO 81647 ("Property"). I am submitting this application and the following supplemental material on behalf of the applicants as per the Application Submittal Requirements: 1. Applicants are seeking approval for an accessory dwelling unit located on their residential real property. The accessory dwelling unit is a one bedroom apartment located over an existing garage on the property, and has a total gross floor area of approximately 1296 square feet. Attached hereto is a floor plan for the unit. There will be an additional one to two vehicles on the property and two to four additional vehicle trips a day associated with this use. Excel energy is providing electric service to the dwelling unit. 2. Attached is Well Permit Number 67158-F for the Property, allowing for use of water for one single family dwelling and one accessory dwelling unit. Also attached is West Divide Water Conservancy District Contract #08221JMG allowing for irrigation on the Property of not more than 1.5 acres. 3. Attached is the As Built/Existing Conditions Map dated April 4, 2008 for the property showing the boundaries of the property and all existing structures, as well as the location of County Road 214. No new or expanded access to a County or State roadway is being requested. 4. Attached is the U.S.G.S. map showing slope/topography of the property. 5. Attached is the Assessor's map showing the subject property and all adjacent landowners. Also attached is a list of all property owners with in 200 feet of the Property and the mineral interest owners. OLSZEWSKI, MASSIH & MAURER, P.C. Gornick Special Use Permit November 14, 2008 Page 2of2 6. Attached is a copy of the Warranty Deed and legal description for the Property. 7. Attached is a letter authorizing Melody D. Massih to act as Gornick's agent for the purposes of this Special Use Permit Application. 8. (1) Current utilities adequate to provide water and sanitation service for the additional dwelling unit are in place. (2) Street improvements are in place adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use. (3) The design of the additional dwelling unit will not impact neighbors. 9. The accessory dwelling unit meets the standards set forth in Garfield County Zoning Resolution 5.03.021 as follows: (1) The Property consists of 7 acres and the entire site has slopes of less than 40%. (2) The gross floor area does not exceed 1500 square feet. (3) There is no homeowner's association for this Property. (4) See paragraph 2 above regarding the well permit and West Divide Contract for the Property. (5) Attached is the ISDS Permit for the Property. The ISDS has the capacity to serve both the main residence and the accessory dwelling unit. (6) Applicants will comply with this section of the Zoning Resolution. (7) All construction will be in compliance with any appropriate building code requirements. 10. A check is enclosed for the $525.00 base fee and the Agreement for Payment is attached hereto. 11. Applicant is submitting three (3) copies of the application form, this correspondence and associated documents. Please contact me with any questions regarding this application. Very truly yours, OLSZEWS r , ► & MA R, P.C. By: MDM:mkd Enclosures cc: James and Maria Gornick R:\Edward\Gornick-l713-0.5\Special Use Permit\SUP Ictter.do Me o . D. Massih APPLICATION TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT 109 West Fourth Street, P. O. Box 1478, Rifle, Colorado 81650 Contract #080221JMG(a) Map #590 Date Approved 2/21/08 1. APPLICANT INFORMATION Name: Mar.i& Gor_ ni Ck Mailing address: PO Box 634 New Castle, CO 81647 Telephone: .._...970) 984-9785 Authorized agent: 2. COURT CASE #s: Decree Case No. Augmentation Plan Case No. 3. USE OF WATER €RESIDENTIAL (check applicable boxes) No. of main residences: 1 No. ADU's 1 ESubdivision: No. constructed units: 1 No. vacant lots 0 €Home garden/lawn irrigation of 65 , 000 sq. ft• Method of irrigation: € flood X sprinkler itdrip €other mon-commercial animal watering of 4 animals €tire Protection €Evaporation: Maximum water surface to he exposed: Description of any use, other than evaporation, and method of diversion, rate of diversion, and annual amount of diversion of any water withdrawn from the pond: Well Sharing Agreement for multiple owner wells crust be submitted. If greater than two owners, application must he rnade under a homeowners association. € COMMERCIAL (check applicable boxes) Number of units: Total sq. ft. of commercial units: Description of use: €INDUSTRIAL Description of use: Evaporation: Maximum water surface to be exposed: Description of any use, other than evaporation, and method of diversion, rate of diversion, and annual amount of diversion of any water withdrawn from the pond: €MUNICIPAL Description of use: €DIRECT PUMPING Tributary: Location: 4. SOURCE.OF 'WATER Cornick Well Structure: We Structure Name: Source: €Surface €Storage ground water Current Permit # (attach copy) S. LOCATION OF STRUCTURE Garfield SW 1/4 County Quarter/quarter Section 5 Section 6S 91W Township R:rnte _N.E 1/4 Quarter 6th P. M. Distance of well from section lines: 2150 feet from north section line 1400 feet from east section line Elevation: 5550 feet Well location address: 6134 CR 214 (Attach additional pages for multiple structures) 6. LAND ON WHICH WATER WILL BE -USED (Legal description may be provided as an attachment.) See attached Number of acres in tract: 7 Inclusion into the District, at Applicant's expense, may be required. 7. TYPE OF SEWAGE SYSTEM gSeptic tank/absorption teach field €t.:entral system €Other District name: 8. VOLUME OF LEASED WATER NEEDED IN ACRE FEET: 3.12 (minimum of 1 acre foot except augmentation from Alsbury Reservoir where a lesser amount is allowed) Provide engineering data to support volume of water requested. Commercial, municipal, and industrial users must provide diversion and consumptive data on a monthly basis. A totalizing flow meter with remote readout is required to be installed and resage reported to West Divide. Applicant expressly acknowledges it has had the opportunity to review the District's n Water Allotment Contract and agrees this application ant and , hject o the tears and conditions contained is made p therein Aplicant Signature Application T)at.e:__. r._._11.2 5.�P 8 ISSUED AS AREA CONTRA CT YES NO The printed portions of this form, except differentiated additions or deletions, have been approved and adopted by the West Divide Water Conservancy District. Form # W DWCL) 050901 APP Contract Amount wt 5% transit Loss Transl Lsz 0 :3 3 - Cal • o c E < I-0 0< Ctt-- f-- 10(0 11) CO +- Nr r) v- r- to cn r- c .- T- Cgj C) CD CD CD Nr (0r- IDar c-0 C3 c - CD c5 ci 6 c5 c5 c5 6 6 c5 6 ca CO o 0 co < 0 sr CD Tr C4 OD CV CV Ul T- 4. sr r- sr 4. 0) 4. co CD • CD 0 CD sr CO CO 1.0 CO CD CD Ch c5 c5 6 c5 c5 c5 c5 c5 c5 c5 c5 6 cNi sr OD 4. (0 (0 CV r- CV sr r- qn N. 4. co r- co r- to CD CD CD c- CO CD tg.- 10 C4 C3 CD ct3 0 0 6 0 0 0 6 0 0 0 0 6 4 CD 0 0 0 0 0 0 0 0 0 0 0 Ul CD CD CD CD CD CD OIDO 0000 o� 6 c5 c5 6 c5 6 c5 c5 c5 6 6 000C0C0C3C0C00000010 0 0 0 0 •Ct 10CO CO "r- 0 0 CO 6 c5 6 c5 c5 c5 c5 c5 6 6 c5 6 c4 gar Z3 Li. E E C) 0 CD 0 t•-. 4. 0) 10 CO 1-- CV ci c5 6 c5 c5 c5 6 c5 c5 6 c5 6 c5 oi ia 13 c 11) E o< E 0 CD 8 8 8 8 8 8 8 8 8 8 8 8, ��d�dd0000000 1) < 0 0 0 0 CD CD 0 0 CD 0 CD 0 Cr C7 CD CI CD CD CD CD CD CD c5 c5 C) c5 c5 c5 c5 c5 c5 c5 c5 ca 3 3 3 3 3 3 G Z; 3 3 1ID TSICNI 6 c5 6 6 6 c5 c5 c5 c5 c5 c5 c516 CO r- CO r- CO N. N OD N r -1,C1) CD CD CD CD CD CD CD C3 CD CD CD 0 0 c5 6 0 c5 0 0 0 0 c5 c5 0 acD r- r- aa el in co (0 0) Cal 10 IDL() CO r - c) (NJ Nt tzt VI 04 co ci c5 6 c5 6 c5 c5 a- cn 'Cr Q3 oa u) 07 T- CD vr cv u) OD4. 0 Tr vr, 10 c5 6 6 6 6 6 6 e4 21 a) cc pc 2! -J C9 > ZtZ W < 0- .a• :D :a D LU 0 C) F- -1 *1 U) 0 1! 0 C) egg. a csj r- OD CD a- a- 0 CO 10 Cr 0 0 10 10 `a 0 -41 '-i rl 0 0 ')rder- Number: LEGAL DESCRIPTION a) til 'ci Q) 1-1 l t gil -, "' •Z ,l sa 4 0 V d 0 QS .0 e-1 'V+ aN rt t) N O 43 N 23 0 q m 4 .0 ,u v as 44 Al o a - 14 taa1 a) di 4� 0 0 44 g E, co a1 w '0 r. O 0 ' , In u1 't3 NH ON 0, 0 f' {o u co CO _u 0'13 01 0 0 '11 J�.1 H -Q '0 0 0 W w t3 0 U N '-43 ; 0 �, m as r{ a o cm1 ra � � � o � a.) at � Q C1 U m u• b1 'U ^ m tn 0 0 s4 ul 0 0 \ C, U 0 O i '14 H 0 W © • 0 +� N u Ca rt i� Rt N , -H ti N 0 T-1 N a) al 3� M 't3 u2 al c -i N 0 la in 'tl N p'CI a�)1 4 ti O Q) 4� 43 a' .iJ ',1". .y3 U iD 4 1J 4.1 as ?1 w 0 14 0 .51 t •, ni •t3 '0 '0 • 0 0 t) u `p' 0 t C. rt ro a�'i u .; ro ro ro o u m w V' N 0 •a tU Q} -r{ 'H '-{ A a) L) �0 0 oN b) 2' 0 >)) • 4a a, a, 04 N as w *� {, H ,a SCI a) 0 _ 0 'd �". _ ri a1 to N {t1 .3 I 'Int -moi m 'd 0 L) ub Gro.cnao 4; 'j a1 0 r- 0a N 0 ,-1 !=1 0. w W Nb) -1 H ` 1 i 0 Ii v r, c a) '110 ` 1-1 0 r01 a�.a 43 o 41 w q m o r, as e a rri m %; W Q 0 0U {r,°uito m 03o N 0 a0 r{ ,W w N �r 0 ty N C^ O w a1 0 R1 *{ O �," In to n1 0 iD 0 �' cl �1 1� rr, 0 5+ l b) 0-1 'd+ 41 -En ri a) w Os 0 '0 0 til 0 L' of 0 T RI G a) 01 01 U u U U t1 m Si u 0 0 ` W ., r til (1) til tt) Pi >~ 0 0 ti) >~ -41 r-1 r w C- -' ' 0 o o �i L V1 a, c4. e ,° w 0 N r34 li ro O N 4 0 .0 W ., 4 4 w on the Amended, Plat 14 20, n 21 222 3 28 26 19 COP 34 35 31 -0013.1gAN>. 29 19 20 30 31 29 16 28 5 4 34 23 35 WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT Name ofApplicant: James & Maria Gornick Quantity of Water in Acre Feet: 3.1.2 Contract #080221JMG(a) Map # 590 Date Approved 2/21/08 Applicant, hereby applies to the \Vest Divide Water Conservancy District, a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of C.R.S. 1973, Section 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 willbe 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 tertns and conditions of this Contract. The District and the Applicant recognize that souse of the District's decrees may he 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 he dependent on the consent of the Colorado Ri ver 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 he reduced permanently its accordance with such notice. Rates shall he 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 Wcst 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, Alshury Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources, and release or delivery of water at 1 such outlet Cir 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 fact li ti_ available to District shall he subject to the contracts, laws, rules, and regulations governing releases therefrom. f=urthermore, 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 he 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 he required in order for A.pplicant 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 coa.ditions which may he 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 limber agrees to indemnify the District frotn any costs or losses related thereto. Applicant is solely responsible: for providing works and facilities necessary 10 ohtain/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 describe herein shall he determined by the Board of Directors of the District. The initial annual payment shall he made in full. within thirty (30) days after the date of notice to the Applicant hat 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 he due and payable by the Applicant on or before each January I . 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 he 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 he construed so as to prevent the District from adjusting the annul 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 he immediately curtailed. The allotment of water. as herein made. niay 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 stall 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. S. Assignment: This Contract shall not inter to the benefit of thc 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 he subject to. and rust 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 thc event the water allotted pursuant to this Contract is to he used for the benefit of land which is now or will subsequently he subdivided or hetet in separate ownership, the. Applicant may only assign the Applicant's rights hereunder to. 1) No more titan three separate owners all of whom shall he 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 he 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 toake buyer aware: of this Contract and proper forms for assignment and change of ownership must be completed. 3 t). 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 detcimines in its sole discretion that such an .agreement is required. Said agreement. may contain, hut shall not he 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. 1 1. Change of Use: The District reserves the exclusive right to review, re -approve 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 tl re water or water rights allotted hereunder without the prior written approval of the District shall he 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 he 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 he hound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. l 5. Restrictions: Applicant shall restrict actual diversions to not exceed the contract amount for ordinary household purposes. 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 he restricted to Applicant's domestic animals not to he 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 pmvidecl by this Contract. Violation of this paragraph 15 shall he c1,emed to be a material breach of this Contract. lfr. Well Permit: If Applicant intends to divert through a well, then App icant 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 Engi neer after consultation. or a totalizing flow meter with remote readout to continuously and accurately treasure at all times all 4 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'` 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 prope' ty during ordinary business hours for the; purposes of determining Applicant's actual use 01' 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 he 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. I 9. 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 he 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 he 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 tiling, 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 he incorporated into the terms ol'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 OFTHE APPLICANT TOOBTAIN AVALID WELL PER M1TOR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT'. 1'I' IS TILE CONTINUING DUTY OF THE APPLICANT Tt) MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS. FiLING STATEMENTS C)F BENEFICIAL. (.JSE, OR OTHERWISE LAWFULLY APPLYING TAPE WATER TO BENEFICIAL. USE ON A REGULAR BASIS win tOUT WASTE. 22. AREA B. CONTRACTS: IF APPLICANTS WELL.. OR OTHER WATER RIGHT THAT IS THE SUBJECT OF THIS CONTRACT IS LOCATED OUTSIDE "AREA A" AS 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 PR()TECT APPLICANT FROM A CALL. FROM ANY OTHER 5 SI NK)R RIGHT, N(7 REPRESENTATION OTIIERWISE IS MADE 13Y'11IE DISTRICT. IF THIS ISA CONCERN TO APPLICANT. T1 tIS CONTRACT MAY I3E RESCINDED UPON WRFI 1 EN NOTICE DEI;IVERED TO TIIE DISTRICT" 13Y THE APPI.ICANT WITHIN THE NEXT 30 DAYS FOLLOWING THE AFFIXING OF SIGNATURES ON THIS CONTRACT IN WHICH EVENT ALL SLIMS PMI) BY APPL1C FOR 111 S C< 'TRACT' SHALL BE IMMEDIATELY REMINDED APPLICANT. d( °ea STATE C)F O, ?,i% ) ) ss. COUNTY OF The,• foregoing in{rurnent -as acknowledged before me on the Witness my hand and oft STATE OF C./01C?itta431.0 COUNTY OF t ss. ! } Applicant day of ly commissio ^.._.._. 2,, off h 3 1:Y51 ry Public The foregoing instnae ntas acltnowledgcd before me on this 1► of `_ ?O.._..j,.__...._. by . Witness my hand an ict tl seal. liyconl' ssior� xpi res: '0 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. ATTEST: t pecretar4' 1' EST DIVIDE WA'T'ER C NANCY DISTRICT By President Date This Contract includes and is subject to the terms and conditions of the following documents which must accompany this Contract: I. ivtap showing location of point of diversion (use map provided) 2. Application and Data Form fully completed and signed The printed portions of this form, except differentiated addition% or deletions, have been approved and adopted by the West Divide Wate Form #WDWCI) 050901 CONTRACT. 6 onservancy District. • Edward B. Olszewski Melody D. Massih Amanda N. Maurer OLSZEWSKI, MASSIH & MAURER, P.C. ATTORNEYS AT LAW P.O. Box 916 214 - 8TT1 STREET, SUITE 210 GLENWOOD SPRINGS, CO 81602 TELEPHONE: 970.928.9100 FACSIMILE: 970.928.9600 November 14, 2008 Garfield County Building and Planning Department 108 8`h Street, Suite 401 Glenwood Springs, CO 81601 RE: SPECIAL USE PERMIT FOR JAMES AND MARIA GORNICK Dear Staff Planner: Website: www.ommpc.com Enclosed is the Special Use Permit Application for James and Maria Gornick for property located at 6134 County Road 214, New Castle, CO 81647 ("Property"). I am submitting this application and the following supplemental material on behalf of the applicants as per the Application Submittal Requirements: 1. Applicants are seeking approval for an accessory dwelling unit located on their residential real property. The accessory dwelling unit is a one bedroom apartment located over an existing garage on the property, and has a total gross floor area of approximately 1296 square feet. Attached hereto is a floor plan for the unit. There will be an additional one to two vehicles on the property and two to four additional vehicle trips a day associated with this use. Excel energy is providing electric service to the dwelling unit. 2. Attached is Well Permit Number 67158-F for the Property, allowing for use of water for one single family dwelling and one accessory dwelling unit. Also attached is West Divide Water Conservancy District Contract #08221JMG allowing for irrigation on the Property of not more than 1.5 acres. 3. Attached is the As Built/Existing Conditions Map dated April 4, 2008 for the property showing the boundaries of the property and all existing structures, as well as the location of County Road 214. No new or expanded access to a County or State roadway is being requested. 4. Attached is the U.S.G.S. map showing slope/topography of the property. 5. Attached is the Assessor's map showing the subject property and all adjacent landowners. Also attached is a list of all property owners with in 200 feet of the Property and the mineral interest owners. OLSZEWSKI, MASSIH & MAURER, PA... Gornick Special Use Permit November 14, 2008 Page 2 of 2 6. Attached is a copy of the Warranty Deed and legal description for the Property, 7. Attached is a letter authorizing Melody D. Massih to act as Gornick's agent for the purposes of this Special Use Permit Application. 8. (1) Current utilities adequate to provide water and sanitation service for the additional dwelling unit are in place. (2) Street improvements are in place adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use. (3) The design of the additional dwelling unit will not impact neighbors. 9. The accessory dwelling unit meets the standards set forth in Garfield County Zoning Resolution 5.03.021 as follows: (1) The Property consists of 7 acres and the entire site has slopes of less than 40%. (2) The gross floor area does not exceed 1500 square feet. (3) There is no homeowner's association for this Property. (4) See paragraph 2 above regarding the well permit and West Divide Contract for the Property. (5) Attached is the ISDS Permit for the Property. The ISDS has the capacity to serve both the main residence and the accessory dwelling unit. (6) Applicants will comply with this section of the Zoning Resolution. (7) All construction will be in compliance with any appropriate building code requirements. 10. A check is enclosed for the $525.00 base fee and the Agreement for Payment is attached hereto. 11. Applicant is submitting three (3) copies of the application form, this correspondence and associated documents. Please contact me with any questions regarding this application. Very truly yours, OLSZEWS , SSIH : ER, P.C. By: MDM:mkd • Enclosures cc: James and Maria Gornick R:\FAlw,rtF\Gornick-1711-OS\Spccial Use Pcrmit\SUP Icucr.dnc assih 12/19/2007 12:37 9708 • sr LC ' 1 10 1,Z;•7 ! . I 0 SANCHEZ DRYWA PAGE 01/01 -C' •i• I • ) • • --,. •"• • 'I; ••0r Form No. OFFICE OF T, TATE ENGINEER GWS -2 COLOR ADO 1g.,3DIVISION OF 3 Sherman St,Denve, Colorado rRESOURCES 818 203 (303) 866-3581 • APPLICANT JAMES & MARIA GORNICK PO BOX 634 NEW CASTLE, CO 81647- (970) 379-1763 PERMIT TO (...;()Nb i rcuL. r M LII ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #080221JMG(a). 4) Approved as a well on a residential site of 7.034 acre(s) described as lot C, Smilack Exemption Subdivision, Garfield County. Further identified as 6134 County Road 214, New Castle, CO 81647. 5) The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling and one (1) accessory dwelling unit, the irrigation of not more than 1 acre (43,560 square feet) of home gardens and lawns, and the watering of four (4) head domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as Gornick Well. 6) The pumping rate of this well shall not exceed 15 GPM. 7) The average annual amount of ground water to be appropriated shall not exceed 3.19 acre-foot (1,039,136 gallons). 8) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 9) This well shall be constructed not more than 200 feet from the location specified on this permit. 10) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. NOTICE: This permit has been approved subject to the following changes: The distances from section lines were calculated from UTM coordinate values provided with the permit application. Additionally this permit has been approved for the use as noted above (home garden/lawn irrigation was amended). West Divide Water Conservancy District (WDWCD) contract #080221JMG(a) total diversion was approved for 4.34 acre-foot (excluding transit loss) which included the irrigation of not more than 1.5 acres (65,000 square feet) of home gardens and lawns. The applicant requested that the application be amended for the irrigation of not more than 1 acre (43,560 square feet) of home gardens and lawns not 1.5 acres (65,000 square feet) as originally submitted. You are hereby notified that you have the right t NOTE: Shared well Permit no. 49860-F (46609-F expired), serving lots A, B & C, Smilack Exemption was previously issued for this lot. NOTE: Parcel Identification Number (PIN): 23-2181-051-00-238 r NOTE: Assessor Tax Schedule Number: R150223 ._ j i" /� (" LIC WELL PERMIT NUMBER 67158 -F DIV. 5 WD 39 DES. BASIN MD Lot: C Block: Filing: Subdiv: SMILACK EXEMPTION APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 NE 1/4 Section 5 Township 6 S Range 91 W Sixth P.M. DISTANCES FROM SECTION LINES 2200 Ft. from North Section Line 1553 Ft. from East Section Line UTM COORDINATES (Meters,Zone:13,NAD831 Easting: Northing: APPROVED DMW Receipt No. 9503008 State Engineer DATE ISSUED 05-16-2008 3257/;,- By 257/,- By EXPIRATION DATE 05-16-2009 akkPPLICATION TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT 109 West Fourth Street, P. 0. Box 1478, Rifle, Colorado 81650 1. APPLICANT INFORMATION Name: .Tames ALl~9alt.U1-.. zQr11ir.k Mailing address: PO Box 63481647 New Castle, Telephone: 97 984-9785 Authorized agent: 2. COURT CASE its: Decree Case No. Augmentation Plan Case No. 3. USE OF WATER €RESIDENTIAL (check applicable boxes) No. of main residences: 1 No. ADU's 1 €Subdivision: No_ constructed units: 1 No. vacant lots _0 €1 -tome garden/lawn irrigation of 65,000 sq. ft. Method of irrigation: € flood A sprinkler Rdrip €other €von-comtnercial animal watering of 4 animals €Fire Protection €Evaporation: Maximum water surface to be exposed: „—.,.. Description of any use, other than evaporation, and method of diversion, rate of diversion, and annual amount of diversion of any water withdrawn from the pond: Well Sharing Agreement for multiple owner wells must be submitted. If 4riorealer than two owners, application must he made under a meowners association.. €COMMERCIAL (check applicable boxes) Number of units: Total sq. tt. of commercial units: Description of use: €INDUSTRIAL Description of use: Evaporation: Maximum water surface to he exposed: Description of any use, other than evaporation, and method of diversion, rate of diversion, and annual amount of diversion of any water withdrawn from the pond: € MUNICIPAL Description of use: €DIRECT PUMPING Tributary: Location: 4. SOU'RCFt' )F WATER Stnicture: �" e 11 Structure Name: Go r n i c k Well Source: €Surface €Storage );round water Current Permit # (attach copy) • Contract #0802211MG(a) Map #590 Date Approved 2/21/08 5. LOCATION OF STRUCTURE G a r f County Quarter/quarter Section 5 6S Section 'township 91W Range .1.14 Quaver 6th P. M. Distance of well from section lines: 21 54)eet from north section line 146 feet from east section line Elevation: 5550 fpet Well location address: 6134 CR 214 (Attach additional pages for multiple structures) 6. LAND ON WIIICII WATER WILT. BE USED (Legal description may be provided as an attachment.) See attached Number of acres in tract:_- Inclusion into the District, at Applicant's expense, may he required. 7. TYPE OF SEWAGE SYSTEM XSeptic tank/absorption leach field E:entral system €Jther District name: 8, VOLUME OF LEASED WATER NEEDED IN ACRE FEET: 3 . 12 (minimum of 1 acre foot except augmentation from Atsbury Reservoir where a lesser amount is allowed) Provide engineering data to support volume of water requested. Commercial, municipal, and industrial users angst 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 n Water Allotment Contract and agrees this application is made p ant and hject o the terms and conditions contained therein 7 /AV 1J 2 5.L08 —_-- A{plicant Signature Application Date: ISSUED AS AREA II CONTRACT YES NO The printed portions of this form, except differentiated additions or deletions, have been approved and adopted by the W'r'est Divide Water Conservancy District. Form # WDWCD 050901 APP • • • a C t(T (r)U)CO r Q' CO() r i-- U)UTO cv odac000rhODh- u~ovTc c) CV o h- Cv 0Q--oo 0000000000 c) U LL t -0Q C C+) V 0 0 c 7 CV (O CV C4(t] r ♦T ♦r r—Nr V' co eh CD crri,- Cf v7' CO CO (0() O CD CD 0 0 0 0 0 0 0 0 0 0 0 0 CV c C' h- Nr (0 V CO CC) CV t+ Cd V' '0 n o ry‹c 000 rODCD DCCVV 00(0 tQ >`-60cjcj cs00000v 0 0 C 0 co 0 0 0 0 0 0 0 0 0 0 0 0 UT O O O O o 0 0 0 0 0 0 0 c5 0 0 0 0 0 0 0 0 0 0 0 0 w 0 5 of -in LL o E cU Q CO F- Cog Q co 0 Lu ch tCSC.i0�. Z uj CI 0Fw,.-6Ow CD w EE 2 cC o O 0 0 0 o m op op aT op OO o o 00 O O C7 C' ch CO CO (p Ch r c3 o CO 0000000000o0,(Ni O Cf 0 N- y- C3) (0 (S7 1—C,11 C7 0{ 0 000 CF CCTt-Cp "zr 0oftp vODCTTOr c- oo OOOtj o Cj c5 c5 CM ▪ 0 CD 000000000000 O 0 0 0 0 0 0 0 0 0 0 0 O O O C5 O O c5 O C3 O C7 COO F 0 J Q 0 N 0 a ^ 0 O 0 0 0 0 0 0 0 0 0 0 • OOOC)O 0 C700O O OOOC 0C00CJoo 0 O r r 0 0 0 0 0 0 0 0 0 0 0 0 00000000oc0000 r- (O P- til ('- (O N- P.- CO N- I - t (F tL Oo0000C30000Ot- i �� oci000000bCoo0 C eti • o co } • Qty 'E M CA N U OOT ( CO OCT (OO N- O CV 'V' C 0) CVO CC) 0 0 0 0 0 0 0 r- 03 0) h as U) CCT V UT CV CO V' C() O C7UTLLD '0')o CD (3 o o O C7 C7 C) a' x�-CV m V (CT Co- t* (v z cn Ir CC W < Q ZJC7Q >O :wc}Ow► )�c(1)0z00 • • • LEGAL DESCRIPTION 43 W 0 91 4J 44 • m • x, cl, PI -. 01b v )-t F-, 0 v v, TA O dJ 4.1 r-1 tt+ •. O CJ u1 �i Ql U .0 as 'Cl 0 '. a) ;q 4J N iJ m 44 O 0 Ql p4 0 - it .s, Ql H TA 4J In m 0 m u 41 • 'al. w r -i -t q ul in t9 Rl 3.4 r-1 co `�f" ''^1 O U 0 ., .0 • b U • °j 04 N 00` J -'i it O 1 3 CI 44 4J 0 u 34 *i • 0 0 0 W 0)M m td U N O • 0vm riJ G • 4 '0 u at o 0 0 s. 'U N al • 4 a.1 a�-1 bJ b a) In Q O 0 al rt r N RS UNN 0m m m • .0 ,J •,-) • N 04 0 In E al R3 Gl 0 Ll 0 'N-1 't) .0 •0 3-i m aJ --t 04 14-1 IA -,,f -,-1o .0 a) fi 4-/ J, W . al 1C3 'II z to U o m m sJ q_ . ro v •n a U3 0 4) m a 0ri) 0 `44 N • 43 u '0 N `e M fJ 4m -J u %+ m to " u ' rt 0 u .ta . m o p 0 m bl : to bJ `. o to t1J r. 4, a a. 0 m 0 0 .4 43 0 01 ▪ cH 0, m � u 05 I -I • "' 14 m fa m al 0 ' i 'a.t � ro m e k • TO o4 4 1 bJ mN-t m ro {p 4 u 4 • la W n o 10 in al 0 r, 44 .a 44 0 11 CI 4-3rn— p. M• 4-1 ° agm O� 0 ,I, �• r o i ro 'f N w V(oOc4' 3J O J Q1 t'. i4-4 aJ 0 f c> 4 nt d . %JLa 43 ill 0TTi Q ;24 ,yv • U V+ cil til l U Z a' Qf 9l U ro s of U1 V7 m u U U U b U C 'U 34 93 0 „Si) '*t 1-, '0 1, m m m N Ql • d rl (4) - r4 y ea Kt: a w W 0 • 0 tl. u 4a i, u J, U A. COUNTY OF GARFZ ELD, 0 a 0 U 0 G V 0. 23 19C 26 35 30 WIMAto \2i 4: 1,1 29 28 27 34 WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT Name of Applicant: James & Maria Gornick Quantity of Water in Acre Feet: 3 • 1.2 Contract #0802211MG(a) Map#590 Date Approved 2/21/08 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. Section 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 web, 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. 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 he 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 tnay be in the name of the Colorado River Wate: Conservation District, and the ability of the District. to allot direct flow right to the Applicant may he 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 he adjusted accordingly in following water years only. 3. Beneficial Use and Location of Beneficial Use: Any and all water allowed Applicant by the District shall be used for the following heneficial 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 niay 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, Alshury Reservoir, or other works or facilities of the District,, or from other sources available to the District, shall he delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources, and release or delivery of water at 1 • • such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the L)istrict from Ruedi Reservoir or Green Mountain. Reservoir shall be subject to the District's tease: contracts with the United States Bureau of Reclamation. Releases from other facilities available to District shall he.. subject to the contracts, taws, 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 wager 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 Disuict'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 he deducted from this amount in each case. Water service provided by the District for properties located within the Bluestone and Silt \Vater 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 he 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 coi.ditions 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 diem 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. En 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 utilise 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 dcternnned by the Hoard of Directors of the District from tine to time, shall he submitted with the application for consideration by the District. • • • Annual payment for the water service described herein shall he determined by the Board of Directors of the District. The initial annual payment shall hr made in full, within thirty (30) days after the date of notice to the Applicant hat the initial payment is due Said notice will advise the Applicant, among other things, attic water delivery year to which the initial payment shall apply and ttte price which is applicable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant On or bclore each January I. Ilan 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 he 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 sok discretion for future years only. If payment is net made within fifteen (15) days alter 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 he immediately curtailed. The allotment, of water, as herein made, niay 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 noti ty the Division of Water Resuutces Office's in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of alt water use. i. 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. 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. Nothin herein shall prevent successors to a porion of Applicant's property from applying to the District t'or individual and separate allotment Contracts. No assignment shall be recognized by the District except upon completion and filing of proper Bents 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 he subdivided or held in separate ownership, the Applicant may only assign the Applicant's rights hereunder to: 1) No more Man three separate owners all of whore shall he 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 he 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 Contact pertains. Applicant shall make buyer aware of this Contract and proper hirers for assignment and change of ownership must be completed. • 9.. Other Rules: Applicant shall be hound by the provisions of the Water Conservancy Act of Colorado: by the rules and regulations of the Board of Directors ot'the District and all amendments thereof and supplements thereto and by all other applicable law. I Q. Operation and Maintenance Aereement: Applicant. shall enter into an 'Operation and Maintenance Agreement' with the District under terms and conditions determined by the hoard 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 agxeentent may contain, but shall not he 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. t l . Change of Use: The District reserves the exclusive right to review, re -approve 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 tl ie water or water rights allotted hereunder without the prior written approval of the District shall he 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 S above, shall he deemed to be a material breach 01' 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 he hound 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 for ordinary household purposes, 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 he deemed to be a material breach of this Contract. 16. Well Permit: ft' Applicant intends to divert through a well, then App icant must provide to District a copy of Applicant's valid well permit before District is obligated to deliver any water hereunder. • 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 teeter with remote readout to continuously and accurately treasure at all tines all 4 • • • water diverted pursuant to the terms of Applicant's water right and the terms of this Contract. Applicant agrces to provide accurate reading from such device or teeter 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 propel ty 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 nay 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 snakes no guarantees. warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this Contract. Should the District he unable to provide the water contracted for herein, no damages may he assessed against the District, nor may Applicant obtain a refund from the District. 19. Costs of Water Court Filing and Auernentation 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, tiling 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 lite filing. To the extent that. the t.)istriet 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 he incorporated into the terms or 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 RESPONSIBILII'YOFTHE APPLICANT TOOBTAIN AVALID WELL PER .MTTOR OTHER WATER RIGHT IN ORDER TO DIVERT WATER. INCLUDING 'DIE WATER ACQUIRED UNDER "PHIS CONTRACT. fl' tS TI{E CONTINUING DUTY OF THE APPLICANT To tMAENTAIN THE VALIDITY OFTHE WELL PERMIT OR WATER RIGHT INCLUDING FI1..ING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS. FILING STATEMENT'S OF BENEFICIAL. USE, OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS win tour WASTE. 22. AREA B. CONTRACTS: IF APPE.IC ANT'S WEIR., OR OTHER WATER RIGHT THAT IS THE SUBJECT OF THIS CONTRACT IS LOCATED Ot'sTS1D1 "AREA A" AS DESIGNATED BY THE DISIRIGI',THEN THIS PARAGRAPH APPLIES: THE AUGMENTATION WATER PR(.)V.tDED BY THE DISTRICT UNDER TE{IS CONTRACT MAY ONLY PROTECT APPLICANTS WATER RIGHT FROM A CALL ON TETE COLORADO RIVER AND MAY NOT PROTECT' APPLICANT FROM A CALL FROM ANY OTHER 5 • • • SENIOR RIGHT. NO RFPRISENTATION OTHERWISE IS MADE BY TIIC DISTRICT. IF TIM ISA CONCERN TO APPLICANT, TI IS CONTRACT MAY BE RESCINDED UPON WRI f"1''N NOTICE DELIVERED TO TIIE DISTRICT BY THE APPLICANT WITHIN THE NEXT 30 DAYS FOLLOWING THE AFFIXING OF SIGNATURES ON THIS CONTRACT IN WHICH EVENT ALI.. SUMS PAID BY APPLIC FOR TI I S CC 'TRACT SHALL BE IMMEDIATELY fELY REFUNDED UNDELD 1O APPLICANT. } :scant STATE OF COUNTY OF X16._.._. % )tis. /04 4 The foregoing in. rutnentwas acknowledged before me on thi . Witness my hand and oft STATE OF ..___...a....... . ) s. C'()UNTY OF ) The foregoing instru eras is acknowledged before the on this %-7190.414...‘ tet 4' . Witness my hand ant Applicant day of y commissi 2008 , by ry 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 shalt be and is accepted by the District. icial seal. My cont ?I)...._ ..._. __., by tic WEST DIVIDE WATER Cy0NA'F VANCY DISTRICT 13y President 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 snap provided) 2. Application and Data Foran fully completed and signed The printed portions ttt'thiw farm, except differentiated additions or deletions, }tare been approved and adopted by the West Divide 1Vater Conservancy ancy District. Forte ItIVD1VCD 0509111 CONTRACT. 6 =I s IG " I— pp95i ] 1C,C41 ST X56 rz— t°1 560 • • • )l i 't— t • Gla 0 0 1 '---�\ vim' 11 • . , 6041' rV( (fir.. - 1\, �C'0 \\�• 3 , 06208 // II A ", 1 ,'1 • • Owners within 200' of Parcel No. 2181 051 00 238 Parcel No. 2181 051 00 237 Gregory and Connie Salvage 3716 Peach Valley Road Silt, CO 81652 Parcel No. 2181 054 00 035 Richard J. Murr 37659 Hwy 6 New Castle, CO 81647 Parcel No. 2181 051 00 025 Charles F. and Scherry C. Simonson 6295 County Rd. 214 New Castle, CO 81647 Parcel No. 2181 051 00 022 William Zachary and Joanne L. Bowden 6303 County Rd. 214 New Castle, CO 81647 Parcel No. 2181 051 00 207 Bruce Dunn Lippman II and Kerrie Colleen Lippman 6123 County Rd. 214 New Castle, CO 81647 Parcel No. 2181 051 00 026 Stacey L. and Robert C. Gavrell 6105 County Rd. 214 - New Castle, CO 81647 Parcel No. 2181 051 00 291 Aven, LLC 3720 County Rd. 214 Silt, CO 81652 Parcel No. 2181 051 00 292 Rue Balcomb Arbaney 401 County Rd. 137 Glenwood Springs, CO 81601 • Mineral Rights Owners of Parcel 2181 051 00 238 1. Nelson M. Richardson Mary Richardson Deceased, unable to locate heirs 2. Humbert J. Gamba P.O. Box 3232 Glenwood Springs, CO 81602 '/a Owner of mineral right 3/8 Owner of mineral right 3. The Glenwood Springs Church of the Nazarene 1/8 Owner of mineral right Entity shown dissolved by the Colorado Secretary of State Effective 09/16/2004 • • • 0 T O 0 CN\ a a c o 3 U O a) 3 ° G a '� co (.7 �r D N�O �Nr ° cc N o CNS CMU W N�� �o0 771 R W CUidv`O O 04.,0a2 o p t - r, fl.D _ Ufj ,U= ›.UfUU N< p' x °~ =' a: cm 00 37, ,, . -= c '? c4)Uc- o>'aN 0 17; Qci�C7c`%�v�c4�ZU�Z3�2cA�Zrn oZQcnv)aa'�vC7 O 0 m 0 X W 0 0 AS—HZ c\ �zo oo N CV N O p NO N NCrN O N 11iiiII 11111111111111111111111111111111 14.,,,11111 1111 611732 19/02/2002 10:46A 81391 P816 M ALSDORF 1 of 2 F 11.00 D 14.85 GARFIELD COUNTY CO • • WARRANTY DEED THIS DEED, Made this ag . day of September STEPHEN A. SMILACR , 2002 , between of the said County of GARFIELD and State of COLORADO MARIA SANCHEZ & GAMESA GORNIC_X whose legal address is Po /368- (pay NEW CASTLE, CO 81647 of the said County of GARFIELD and State of COLORADO , grantor, and , grantee: WITNESSETH, That the grantor for and in consideration of the sum of Ten dollars and other good and valuable consideration DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the said County of GARFIELD and State of Colorado described as follows: SEE EXHIBIT "A" also known by street and number as: TBD PEACH VALLEY ROAD, NEW CASTLE, CO 81647 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate. right, title, interest, claim and demand what- soever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee. his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants. bargains, sates, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature socver, except easements, restrictions, reservations and rights of way of record, or situate and in use, and real property taxes for the year 2002, not yet due or payable. The grantor shall and will WARRANTY AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular nummita de the plural, the plural the singular, and the use of any gender shall be applicable to all genders, REOF, MOW tor has executed this deed on the date set forth above. PH A. SMILAC State of COLORADO ) ss. County of GARPIELD ) D The foregoing instrument was acknowledged before me this a Q day of SEPTEMBER 2002. by STSPHSN A. SMILACK My conunission expires MARY L. EL MY COMMISSIONICEXPI c 5-22-2005 �ptv P�,o sCtaYh3i d'adtb F..I seal moo, - - GARMIGHP.bI .1/1 ,� ? ry Public ie ri w 196/3e43fMao Courffe_Aer gap File No. 02001211 Stewart Title or Glenwood Sprtnprne. No. 932A WARRANTY DEED (For Photographic Record) (Y932ANEW) Rer. 7199 1 111(11 11111 111111 111111 1111 111111 11111 III 11111 1111 1111 611732 10/02/2002 10:46A 81301 P817 M ALSDORF 2 of 2 R 11.00 D 14.85 GARFIELD COUNTY CO • • • Order Number: 02001211 EXHIBIT A LEGAL DESCRIPTION A parcel of land located in the Northeast 1/4 of Section 5, Township 6 Sotth, 4 Range 91 West of the 6th P.M., Garfield County, Colorado said Parcel being known as Lot C of the Amended Plat of Smilack Exemption, described as follows: Beginning at the Northeast corner of said Lot C, said Northeast corner being on the Southerly boundary of County Road 214, whence the East 1/4 corner of said Section 5 bears S 47°03'44° E, a distance of 1,826.14 feet (Exemption Plat S 47°01'59" E 1,825.89 feet); thence S 00°45'00" E, along the East Iine of said Lot C, a distance of 778.95 feet to the center of the Ware and Hinds Ditch; thence S 54°45'00" W along said ditch, a distance of 89.87 feet; thence S 62°59'57" W along said ditch, a distance of 288.05 feet; thence leaving said ditch N 07°04'06" W. along the East line of Lot B, a distance of 803.67 feet to the Southerly Boundary of County Road 214, thence N 68°37'05" E along said Southerly Boundary, a distance of 449.74 feet to the Point of Beginning. Also known as Parcel C of Smilack Exemption as shown on the Amended PIat recorded February 17, 1998 as Reception No. 540428. COUNTY OF GARFIELD, STATE OF COLORADO. • • • James and Maria Gornick P.O. Box 634 New Castle, CO 81647 November 7, 2008 Garfield County Building and Planning Department 108 Eighth Street, Suite 401 Glenwood Springs, CO RE: Special Use Permit Application Dear Building and Planning: We hereby authorize Melody D. Massih and the law firm of Olszewski, Massih & Maurer, P.C. to act on our behalf with regard to our Special Use Permit Application. Please contact us with any questions. Sinc es Gornick Maria ornick • • • _ 4- f GARFI A COUNTY BUILDING AND SANITATION DEPARTMENT Permit N° 3 7 5 0 t. 100 8th Street Suite 903 Glenwood Springs, Colorado 81601 Phone (303) 945-8212 4 INDIVIDUAL SEWAGE DISPOSAL PERMIT PROPERTY Owner's Nam Present Address System Location Assessor's Parcel No. This does not constitute a building or use permit. e2'aq 6 J SQ■ Phon: 1 ` Legal Description of Assessor's Parcel No 1 SYSTEM DESIGN � 2 S "c) Septic Tank Capacity (gallon) Other // Percolation Rate (minutes/inch) Number of Bedrooms (or other) `?' / r o 3 .N_a /70 l—<a.-/, < ; ;51 Required Absorption Area - See Attached e / / �� / . 1/1, -Drf? Special Setback Requirements: (16 / Date ` I '' C% Z Inspector YJ /j FINAL SYSTEM INSPECTION AND APPROVAL (as installed) Call for Inspection (24 hours notice) Before Covering Installation System Installer P/‘,{111°1/L- Septic Tank Capacity >/2 C) Septic Tank Manufacturer or Trade Name Septic Tank Access within 8" of surface Absorption Area 32 Pees /3r ] 37P,-5 Qasr-lki) Absorption Area Type and/or Manufacturer or Trade Name l�Z— --1c1- Adequate compliance with County and State regulations/requirements - Other Date / — Z__ InspectortlJ�, RETAINWITH RECEIPT RECORDS AT CONSTRUCTIO I�SITE *CONDITIONS: 1. All Irtstkrliation must comply with ell requirements of the Colorado State Board of Health Individual Sewage Disposal Systems Chapter I 25, Article 10 C.R.S. 1973, Revised 1984. 2. This permit Is valid only for connection to structures which have fully complied with County zoning and building requirements. Con- ci nection to or use with any dwellin6 or structures not approved by the Building and Zoning office shall automatically be a violation or a o requirement of the permit and cause for both legal action and revocation of the permit. 3. Any person who constructs, alters, or Installs an individual sewage disposal system In a manner which Involves a knowing and material variation from the terms or specifications contained In the application of permit commits a Class I, Petty Offense ($500.00 fine — 8 months In Jail or both). - White - APPLICANT Yellow - DEPARTMENT INDIV. JAL SEWAGE DISPOSAL SYSTEM ,PLICATION OWNER James Gornick & Maria Sanchez 4101DDRESS P.O. Box 1296 Glenwood Spgs, CO 81602 PHONE 970-379-1763 CONTRACTOR Owner/Builder ADDRESS CAe-Ya ) C - PHONE PERMIT REQUEST FOR (x) NEW INSTALLATION ( ). ALTERATION ( ) REPAIR Attach separate sheets or report showing entire area with respect to surrounding 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: Near what City of Town New Castle Size of Lot 7.034 Ac r P s Legal Description or Address NE 1/4, Section 5, T6S, R91W, of the 6th P.M. WASTES TYPE: (X) DWELLING CR �I C ' ( ) TRANSIENT USE ( ) COMMERCIAL OR INDUSTRIAL ( ) NON-DOMESTIC WASTES ( ) OTHER - DESCRIBE BUILDING OR SERVICE TYPE: Primary Residence *umber of Bedrooms 4 Number of Persons 3 (X) Garbage Grinder (X) Automatic Washer (X) Dishwasher SOURCE AND TYPE OF WATER SUPPLY: (x) WELL ( ) SPRING ( ) STREAM OR CREEK If supplied by Community Water, give name of supplier: DISTANCE TO NEAREST COMMUNITY SEWER SYSTEM: 2 miles Was an effort made to connect to the Community System? No A site plan is required to be submitted that indicates the following MINIMUM distances: Leach Field to Well: 100 feet Septic Tank to Well: 50 feet Leach Field to Irrigation Ditches, Stream or Water Course: 50 feet Septic System to Property Lines: (septic tank &leach field)10 feet YOUR INDIVIDUAL SEWAGE DISPOSAL SYSTEM PERMIT WILL NOT BE ISSUED WITHOUT A SITE PLAN. GROUND CONDITIONS: Depth to first Ground Water Table Percent Ground Slope 2 ' Y6 OF INDIVIDUAL SEWA JE DISPOSAL SYSTEM PROPOSED: (X) SEPTIC TANK ) VAULT PRIVY ( ) PIT PRIVY ( ) CHEMICAL TOILET FINAL DISPOSAL BY: AERATION PLANT COMPOSTING TOILET ( INCINERATION TOILET ( OTHER - DESCRIBE ABSORPTION TRENCH, BED OR PIT UNDERGROUND DISPERSAL ABOVE GROUND DISPERSAL OTHER - DESCRIBE VAULT RECYCLING, POTABLE USE RECYCLING, OTHER USE ( ) EVAPOTRANSPIRATION ( ) SAND FILTER ( ) WASTEWATER POND WILL EFFLUENT BE DISCHARGED DIRECTLY INTO WATERS OF THE STATE? No PERCOLATION TEST RESULTS: (To be completed by Registered Professional Engineer, if the Engineer does the Percolation Test) Minutes Minutes per inch in hole NO. 3 per inch in hole No. 1 per inch in hole No. 2 Minutes Minutes Name, address and telephone of RPE who made soil absorption tests: per inch in hole NO. "Fame, 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 purposed 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 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 understand that any falsification or misrepresentation may result in the denial of the application or revocation of any permit granted based upon said aplication and in legal action for perjury as provided by law, Signed Date ?// g//a 2 PLEASE DRAW AN ACCURATE MAP TO YOUR PROPERTY!! 'ANGI+ 3 .:144,..*1'1' cM. KI , .lb°} 4'h'J�f Oji �. � •. County Road (Note the Road Number and Name) 7 J • (14 CD o4 b o' 0 VD. R o rt, o- a CIO 17A)cr -i 11) N. cr tz- co 0 u o'p das pasodoad 9 Q 11! 21\1 ' illi 1 III \ - fi V 1 s5' 1 .._./ 1 1— •:-...,.--4- '1 \\ ''.. ' . . ---- • „ i, " . I ''''•.::.••• 9, --..._ ......___ 4'1 ( . 1 ) 11 ! 1 _.....,..........F ..7.:..--..:ILL:-.7E:::'"--.',--• wai........r.=, 1 •, I , , li /. ' 1 , i 0 Ir It C4I Te/TO BOVd 11VMMG Z3H3NVS 9L8316 LE:ZT L00"6/6T/ZT Mineral Rights Owners of Parcel 2181 051 00 238 1. Nelson M. Richardson Mary Richardson Deceased, unable to locate heirs 2. Humbert J. Gamba P.O. Box 3232 Glenwood Springs, CO 81602 '/i Owner of mineral right 3/8 Owner of mineral right 3. The Glenwood Springs Church of the Nazarene 1/8 Owner of mineral right Entity shown dissolved by the Colorado Secretary of State Effective 09/16/2004 D C o O m a Q N N r� 0 0 O AS - 0 N 0 a) 76 0 c c o o 04 o a 3tab ,cl 0 i.1.- ). > • -� 0,cl ' % GM° ›., N • -0N '.D coN0NO N , c 00 A, Q• U7'N c oUri��U M U.au"U-oU ��� ° n • 0, cC c• mc °° En ca 7 v N c v>> m U o~o °- v H o0"UU . UUUU roUUQUU >,UUaUo ro ° W• -fl b1:00" 3 m 0N 3 '_' 0 3 0 N 3 c°'i o 3 o U U aci d.VC7rnvif-LNn. ZUl0Z3\OZW VoZv)0ZQcci) 7 N O O NN NO N N 11II 1111111111111(1111111111111 NEM 1111111111111 ' 811732 10/02/2002 10:48A B1391 P816 M RLSDORF 1 of 2 R 11.00 D 14.85 GARFIELD COUNTY CO WARRANTY DEED THIS DEED, Made this ab - day of September , 2002 , between STEPHEN A. SMILACK of the said County of GARFIELD and State of COLORADO MARIA SANCHEZ & JAMESA GORNICK whose legal address is PO /361- (P37 NEW CASTLE, CO 81647 of the said County of GARFIELD and State of COLORADO , grantor, and grantee: n114.Sc� WITNESSETH, That the grantor for and in consideration of the sum of Ten dollars and other good and valuable consideration DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the said County of GARFIELD and State of Colorado described as follows: SEE EXHIBIT "A" also known by street and number as. TBD PEACH VALLEY ROAD, NEW CASTLE, CO 81647 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining. and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate. right, title, interest, claim and demand what- soever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, docs covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the enseating and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except easements, restrictions, reservations and rights of way of record, or situate and in use, and real property taxes for the year 2002, not yet due or payable. The grantor shall and will WARRANTY AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular num. de the plural, the plural the singular, and the use of any gender shall be applicable to all genders. AAA�RF,OF,a tor has executed this deed on the date set forth above. •a PH A. SMILAC State of COLORADO ss. County of GARPIELD The foregoing instrument was acknowledged before me this by STEPHEN A. SMILACK My commission expires MARY L. CARMICHAEL MY COMMISSION EXPIRE 5-22-2005 day of 00,24 SEPTEMBER 2002. cARM10HP.EL tio-P, t24. a CjF Gtr:+• 91 Maria .41,34-L4-7- 8//30-1 I° File No. 02001211 Stewart Title of Glenwood Springy, Inc. No. 932A WARRANTY DEED [For Photographic Record) (Y932ANEW) Rev. 7199 ry Public 1.111)1,1211,11.111!111111111111111 111111 11111 111 11111 1111 IIII //002 10:48A 01381 P817 M ALSDORP 2 of 2 R 11.00 D 14.8�J GARPIELD COUNTY CO Order Number: 02001211 EXHIBIT A LEGAL DESCRIPTION A parcel of land located in the Northeast 1/4 of Section 5, Township 6 Soi.th, Range 91 West of the 6th P.M., Garfield County, Colorado said Parcel being known as Lot C of the Amended Plat of Smilack Exemption, described as follows: Beginning at the Northeast corner of said Lot C, said Northeast corner being on the Southerly boundary of County Road 214, whence the East 1/4 corner of said Section 5 beers S 47°03'44" E, a distance of 1,826.14 feet (Exemption Plat S 47°01'59" E 1,825.89 feet); thence S 00°45'00" E, along the East line of said Lot C, a distance of 778.95 feet to the center of the Ware and Hinds Ditch; thence S 54°45'00" W along said ditch, a distance of 89.87 feet; thence S 62°59'57" W along said ditch, a distance of 288.05 feet; thence leaving said ditch N 07°04'06" W. along the East line of Lot 8, a distance of 803.67 feet to the Southerly Boundary of County Road 214; thence N 68°37'05" E along said Southerly Boundary, a distance of 449.74 feet to the Point of Beginning. Also known as Parcel C of Smilack Exemption as shown on the Amended Plat recorded February 17, 1998 as Reception No. 540428. COUNTY OF GARFIRLD, STATE OF COLORADO. James and Maria Gornick P.O. Box 634 New Castle, CO 81647 November 7, 2008 Garfield County Building and Planning Department 108 Eighth Street, Suite 401 Glenwood Springs, CO RE: Special Use Permit Application Dear Building and Planning: We hereby authorize Melody D. Massih and the law firm of Olszewski, Massih & Maurer, P.C. to act on our behalf with regard to our Special Use Permit Application. Please contact us with any questions. es Gomick Maria ornick ccccc€ 5 6 r sl SI 010 10 VI 141 . 5 n P 2 X U0 � TA 1-1 o� 'I' - r 0 z o z 8 s ill hi 5 111 i 1r 6266 C," c)Y17' ij �\ l� f. r • r.i %l 6 — �i r /1 frc ri "r370---"---'-' 62�. 1� '-72 li :7\ 00 0 • 1 06208 rrr '--77:7- - __________/—N � z- \ ` —�. \ s`, , 6340 (`" 1 \ ,I 11 II n /1 r' �. -\ Owners within 200' of Parcel No. 2181 051 00 238 Parcel No. 2181 051 00 237 Gregory and Connie Salvage 3716 Peach Valley Road Silt, CO 81652 Parcel No. 2181 054 00 035 Richard J. Murr 37659 Hwy 6 New Castle, CO 81647 Parcel No. 2181 051 00 025 Charles F. and Scherry C. Simonson 6295 County Rd. 214 New Castle, CO 81647 Parcel No. 2181 051 00 022 William Zachary and Joanne L. Bowden 6303 County Rd. 214 New Castle, CO 81647 Parcel No. 2181 051 00 207 Bruce Dunn Lippman II and Kerrie Colleen Lippman 6123 County Rd. 214 New Castle, CO 81647 Parcel No. 2181 051 00 026 Stacey L. and Robert C. Gavrell 6105 County Rd. 214 New Castle, CO 81647 Parcel No. 2181 051 00 291 Aven, LLC 3720 County Rd. 214 Silt, CO 81652 Parcel No. 2181 051 00 292 Rue Balcomb Arbaney 401 County Rd. 137 Glenwood Springs, CO 81601 J GARFID COUNTY BUILDING AND SANITATION DEPARTMENT 109 8th Stret3t Suite 303 Glenwood Springs, Colorado 81601 Phone (303) 945.8212 INDIVIDUAL SEWAGE DISPOSAL PERMIT PROPERTY Owner's Nam Present Address 6^(4--)s Permit N: 3 7 5 0 t. Assessor's Parcel No. - IThis does not constitute a building or use permit. System Location Legal Description of Assessor's Parcel No SYSTEM DESIGN /7' S -l? Septic Tank Capacity (gallon) Other Percolation Rate (minutes/inch) Number of Bedrooms (or other} Inspector -777 Required Absorption Area - See Attached Special Setback Requirements: j7–Oa Date j n (' cs / FINAL SYSTEM INSPECTION AND APPROVAL (as installed) Call for Inspection (24 hours notice) Before Covering Installation System Installer Caxp,e..-- Septic Tank Capacity /2- > Septic Tank Manufacturer or Trade Name fit 2 GS 32 /aas /3r -G) 3 7 / cs /3,, 0 Septic Tank Access within 8" of s rface .J Absorption Area fA Absorption Area Type and/or Manufacturer or Trade Name tet/ Adequate compliance with County and State regulations/requirements y '..2 Other� Date l'� �t� ' U L Inspector L�Il�I--1fi��L/ RETAIN WITH RECEIPT RECORDS AT CONSTRUCTI SITE *CONDITIONS: 1. All instillation must comply with all requirements of the Colorado State Board of Health Individual Sewage Disposal Systems Chapter 25, Article 10 C.R.S. 1973, Revised 1984. 2. This permit is valid only for connection to structures which have fully complied with County zoning and building requirements. Con- nection to or use with any dwelling or structures not approved by the Building and Zoning office shalt automatically be a violation or a requirement of the permit and cause for both legal action and revocation of the permit. 3. Any person who constructs, alters, or Installs an Individual sewage disposal system Ina manner which involves a knowing and material variation from the terms or specifications contained In the application of permit commits a Class I, Petty Offense ($500.00 fine — 8 months in Jail or both). - While - APPLICANT Yellow - DEPARTMENT INDIVIDUAL SEWAGE DISPOSAL SYSTEM APPLICATION OWNER James Gornick & Maria Sanchez ADDRESS P.O. Box 1296 Glenwood Spgs, CO 81602 PHONE 970-379-1763 CONTRACTOR Owner/Builder ADDRESS _ 1 PHONE PERMIT REQUEST FOR (X) NEW INSTALLATION ( ) ALTERATION ( ) REPAIR Attach separate sheets or report showing entire area with respect to surrounding 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: Near what City of Town New Castle Size of Lot 7.034 AcrPs Legal Description or Address NE 1/4, Section 5, T6S, R91W, of the 6th P.M. WASTES TYPE: (x) DWELLING CRaI C• ( ) TRANSIENT USE ( ) COMMERCIAL OR INDUSTRIAL ( ) NON-DOMESTIC WASTES ( ) OTHER - DESCRIBE BUILDING OR SERVICE TYPE: Primary Residence Number of Bedrooms 4 Number of Persons 3 (X) Garbage Grinder (X) Automatic Washer (X) Dishwasher SOURCE AND TYPE OF WATER SUPPLY: ()0 WELL ( ) SPRING ( ) STREAM OR CREEK If supplied by Community Water, give name of supplier: DISTANCE TO NEAREST COMMUNITY SEWER SYSTEM: 2 mi les Was an effort made to connect to the Community System? No A site plan is required to be submitted that indicates the following MINIMUM distances: Leach Field to Well: 100 feet Septic Tank to Well: 50 feet Leach Field to Irrigation Ditches, Stream or Water Course: 50 feet Septic System to Property Lines: (septic tank &leach field)10 feet YOUR INDIVIDUAL SEWAGE DISPOSAL SYSTEM PERMIT WILL NOT BE ISSUED WITHOUT A SITE PLAN. GROUND CONDITIONS: Depth to first Ground Water Table Percent Ground Slope 2 County Road (Note the Road Number and Name) (D g troco o o i o' 0 ,URI ca crp cry cD g. fD W N ry • 6' 0 � .r. qol TG sputH '8 Tram aalem 2uiisixg az�das pasodoa o� c0 0 4. r w r0� 0 m �y CD a a ik o ••" w H. 1 o•