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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945. 821 2 Facsi mi le: 97 0.384.347 0 www. qarfield-cou ntv. com Special Use Permit STAFF USE ONLY P Planner:Hearing Date: 8lusa 4 (3 tl!oa3A H<io7L,3 Pc;r: oTYY GENERAL INFORMATION (To be completed by the applicant.) ) Street Address / General Location of Property, e J4 5 C o,, r,"t{ .l Qd . 33{, ootzJ{ 1)S ( ; iil.5 rza ! trt Ltb Rt=L['T'" 5,1q lqa EV'. ting Ub6'& Size of Property in dcres: Description of Special Use Req } Zone District: A lA F Name of Property owner (Applicant)' bonr,,a lu\ - N[earL'e- Telephone, 7l C' -Al(o -aUqt Zip Code: AVl 4'7 FAX: n&- F Name of Owner's Representative, if anv (Attornev, Planner. etc): ) Address:Telephone: D City:State. Zip Code:FAX: F Doc. No.: Date Submitted: TC Date: ) Legal Description: 5ec1 jf& -Rtl 5qk, **R t\i,rq- Lo-t:0 l..'rsc.Pa\rcaL r '.l,ztz\ ,)Gaf ra)rs (i' AbC lr\ tr,', (a.,L1"- t.' As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. Piease submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (i.e. Ietters from responsible agencies). lnclude 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. @ Ii 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 lyrpe of wastewater treatment. lf 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 legai 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. 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. @ Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all mineral rights owners of the subject property and public and private landowners adjacent to your property (which should be delineated). ln additional, submit a list of all property owners and their addresses adjacent to or within 200 ft. of the site, This information can be obtained from the Assessor's Office. 6. Subrnit a copy of the deed and a legal description of the subject property. 7. lf you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. 8. Submit an statement that specifically responds to each of the following criteria from Section 5,03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through instatlation 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 & 5.03.081, 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-countv.com/building_and_olanning/index. htm. or information can be obtained from this office 10.A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. 11. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. iI. PROCEDURAL REQUIREMENTS (The foilowing steps outline how the Speciai 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. lt will be received and given to a Staff Planner who will review the application for technical completeness. 2, Once the application is deemed technically cornplete, the Staf,r Planner will send ycu a letter indicating the application is complete. ln 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. (lf Staff determines you application to be deficient, a letter will be sent to you indicating that additional informaticln is needed to deem your application complete.) 3. lt is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested Special Use and the public hearing. lf proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed special use and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject properly 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. A+. 5. c, The site ,nrt" posted such that the notice i, "rifv and conspicuously visible from a public right-of-way, with notice signs provided by the Plannlng Departmeni. 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. 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. ln addition, the Applicant shall provide proof, at the hearing, that proper notice was provided. 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. lf the Board's approval includes specific conditions of approval to be mei, 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 Comm!ssioners. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. (Si g nature of applicanVowner)Last Revise d: 1 1 107 12002 GARFIELD COTNTY BUILDING AND PLANNII{G DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the acfual cost of County staff time devoted to the review of a particular prqect. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, rnust be submitted with each land use application, and made payable to the Garfield Countlz Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include an Agreement for Payment Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The complete fee schedule for subdivision and land use applications is attached. GARFIED COUI{TY tsUXLDI}.IG AND PLANMI{G DEPARTMEI\T O BASE FEES O The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for pubiication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. TYPE OF PROCEDURE Sketch Plan Preliminary Plan Final Plat $200 Amended Plat $i00 Exemption from the Definition of Subdivision (SB-35) $300 Land Use Pennits (Special Use/Conditional Use Permits). Administrative/no public hearing $250. Board Public Hearing only $400. Planning Commission and Board review & hearing $525 Zontng Amendments. Zone District map amendmentt Zone District text amendment. Zone District map & text amendmentr PUD Zone Dishict & Text Amendment. PUD Zone District Text Amendment Board of Adjustment. Variance. Interpretation Planning Staff Hourly Rate. Planning Director. Senior Planner. Planning Technician ' Secretary County Surveyor Review Fee (includes review of Amended Plats, Final Plats, Exemption Plats) Mylar Recording Fee BASE FEE $32s $6ZS + application agency review fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey s450 $300 $s00 $s00 $s00 $2s0 $2s0 $s0.s0 $40.s0 $33.7s $30 Determined by Surveyor$ $1i - 1"page $10 each additional page Page 2 The following guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or fees have been paid. 5.In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. Al1 additional costs shall be paid prior to the execution of the written resolution confirming action on the appiication. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staffrate listed above. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. 9. This fee structure shall be revised annually as part of the County budget hearing process. all 6. 7. 8. Page 3 GARFIELD COUNTY BUILDING AND PLAI{NING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COLINTYI unA *Dnrt r,r rf J"\ [\-\,p n;t p (hereinafter APPLICANT) agree as follows: 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each rype of subdivision or land use rsview applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COLINry agree that because of the size, nafure 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 COTINTY 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 COTINTY 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 COTINTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COTINTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT Signature uut",t\r\ \e . Qoc+ Dosiun \. trnE n&L Print Name 335* Page 4 1. APPLICANT has submitted to COI-INTY an application for (p e *)-il l.lre - 1e en;L (hereinafter, rHE P[dinbri. NATURE & CHARACTER OF THE SPECIAL USE REQUESTED The special use requested is for an Accessory Dwelling Unit. This will be for a 3- bedroom 1220 square-foot residence. Vehicle access is restricted to resident and resident's guests. There will be a32' x40' house and24' x24' detached garage. The provision for the electrical service by Holy Cross and propane will be used for heating. Amerigas will do the hookups. Water will be taken from an existing well on the property. This dwelling will not be rented or leased. It will be occupied by applicant's mother. Justine Therrien. Donna Meade 0245 County Road 335 Nera, Castle (D 9. 0a $ oz :1 Eto 9{- zs.*Hi fsr rr fitn ?i* F,s'5 21,\Po'F3c L(}h1 R" 3 ;t', P oa L.r', ^: i*f,\ ?e- ,-tli\ \-r! ' .. -r," f.r.1 -t :'.iitrii ,..'r' :i ' . .iq4ou ,: tJ.'ttu t- r "i . ;r irr rr il,_.'"r,5 t.s L..FU,5-r' 9- -(A .I "c .-a ,4/ L lrr f-n-tll r# F 'Jt.)ro Fe aJ(D P1 oa=(D v #AqorDSo 't5 ^l+-.$3.o r ^35 S:" -.JaitrFr R t+m),J(o)id J2 ='.?r;OEj g3 ,1 50-AJ +.< o-QoeA dXia(u3 o-nt tz OC .Ecs)\ :A,E50q Fr =;'g 6' ni O- ?io 5.OPd ={ u ^i< P0Z{ a=A'U+ (DU EPJa J} n(Dt r) CD t CJr) (D a (D \ h zd I*rng?5 (D'i -rD s t 2t'p P+Fi'A Ff rn-o-+ ( {c\-J+i I- fp ir -t i\ /\-*l uqi.ttr if .'r'11' 'as-45u--'-.]+ 5. ,, $tr-bM*Hip Lo trii;t* b\A{ &it c) \Al Np 7 t,- $ ; "o c7 /U -2, t? o- R"F POa a9v;' 6.rsi -J-a er-"4 -, \1 -r *=f-P!?: t'fav u.)w U1 lC)lolcli, tnICID, lo-I ,-\lzo (D CD o z doFl D' o-z FD (D ;ffi'':i ;\.'l ,l {\./)(4.\\V! ii Connact #040219DM(a) Map # 492 Date Activated A19rc4 Cunent January 2003 APPLICA'TION TO LEASE WATER FROM WEST DTVIDE WATER CONSERVAIICY DISTRICT 109 West Fourth Street, P. O. Box 1478, Rifle, Colorado 81650 waterrr-.lwdn cd.r Fax: (970) 625-27' Telephone: (97 0) 625-54, I. APPLICANT INFORMATION Name: v't l'e lephone: Authorized agent: 2. COURT Cr\SE #'s: Dccree Case No. Augmentation Plan Case No. 3. USE OF WATER fi nfstouxf lAL (check applicable boxes) ff O.Oinury household use Number of dwellings: .? [i suuai"irion: No. constructed units: No. vacant lots: fiffcne gardor/lawn irrigation pt U .f , (} O o r+ n /t,iettroo o-rirrigation: I lfl'ood (riffifiiliTffi :ott", H Non-commercial animal waiering of 5 animals q Fire Protection W'ell Shaing ,lgreement for multiple owner wells must be submilted. lf gre.rter than lhree ownent. application musl be made under o h omeow ners atsociati on. D COMMERCIAL (g[eck epplicable boxes) Number of units: Total sq. fl. of commercial units:_ Description of use: C INDUSTRI.{L Description ofuse: Evaporation: Maximum water surface to be exposed: Description ofany use, other than evaporation, and method ofdiversion, rate of diversion, and annual amount of diversion of any water withdrawn from the pond: D MUNICIPAL Description of use: 5. L(rcATION OF STRUCTURE c,i''-,- \ , r'l d- ,l.r f 7v > u; '/(to*l 6= **"".'*Er,r, H", Section Meridian Township Range Principa 4. SOURCE OFWATER Structure: /'/ e ll Structure Source: [,lSurfbce trStorage EGround water Distance of well fiom section lines /7i, O i (..-, ,-r-' 5a .t *ir., c..\'".,- \, io b o ' { ro">.r Lert'sf s."{z*., / Elevation: 5'6 O o Well locationaddress: O..\ z-1 :; Q [L 5 3 5 Aj P i . , t' G a+ i- (Attach additional pages for multiple structures) 6. LAND ON WHICH WATER WILL BE USED (lcgal description may be provided as an attachmenl.) --',,-<1 r'o,. Z fatc,t.sir,- Q: (*0 rtQe. \ ,4r B 'rrr,,ror, tcl 'O Qurie\ Number of acres in tract: C. . ,) F, lle r e s lnclusion into the District, ut Applicant's expense, may be requit Z TYPE OF SEWAGE SYSTEM fi S"Oai" t*Vabsorption leach field DCentral system Dother District name: 8. VOLUME OF LEASED WATER NEEDED IN ACRE FEf (minimum of I acre foot; Provide engineering dflttr lo support volume ofwaler requesled Commercial, municipal, ond industiial usen must provide diver, and consumptive dotu on o monlhl.v hosis. ..1 totrrlizingJlo*, n eter with remote rea{loul is required to be inst ottrl usage reported to l?'est Divide :lpplicant expressll' acknowledges it hus hutl the opporluni4'to t the District's form Woter ,4llotment (i)ntroct and agrees this ap1 is mode pursuant and subject to the terms and conditions contai, \.-'' \- Applicant Signature Applicant Signature Current Permit #l)d4t:'7 I Direct Pumping: Tributary: Location: (if applicable)Application Date: lglgPgPggePPeeP lHtE8E88E88S888 Pls) I I I I I I P o o o o EIFFFFFFFFFFFF 9P99999o(r)a(Jt(,r(ro(O(}TCD@(,r6oo)oo)@o5cr) oooooowG)55{O){\.1 $\l5(/000 99u) <)c) o){(o inoo o()o o9=^o < -ba (D -lircB 9 =-6 <o-=o N o co5*e-o>ECrE E 9=iEBr (t, *.6'ofJ r, l.-ao:-O, +=9:!o lgppoooooooooc) 131888888888838 glg g g g P I o o o o o oq)lQ9oor::.rbbbb(olo o o, (o (, o) trr r N 6 6 E 9l9s)gggoooooooeE39qeee99333 PlggPgggoooooo E13 I B q 6 A r I S I I8 9l99p999oooooolgl9essqqqsssgsl t 95 a( -33 fo(, =o Q;tr-^o 3E 9= e g'E- - 6'0'3J o;:a!-(6_o)!q o9r CQ 5 -t50>o o?rf o- F* rii99P999ooooo(j FHEBSHHN*EHEE glggggggoooooo iIFSBBiS*EEF3: 9l9999999oooooils38Eiai683e3 g ^ ?'rDo o'ld.fro-f -{o io!o tr >o =Oo= -{9H58ffiErE=+=il;>C)<+!OrZ<n-782 €ma{o (f m = mvooz CJ)mv zc) g CI'{v6{ 1l:o tro z :J oo3)o =V=ao63.z\ otrot9inng?<Y>mi-3Fii<*z ZAAEeISe or('Jl\, o{ m1 Cac)m9m+ qt-ot{s= I{!a:t (,lI* olJ @ ro(D o, I O)(,r5(,t\rj S33oos C)our@J(.,3P5FS8f5(D-^(oi<<ruEo3 gE E gj i q 3 de3lil3Ho.qqfrE;3 oo95oHddd;q;o E =; a?E.=+EHgc i u ri.2 Uf30(D6 =-or=ooiat!,O\< Jlo6ods3coa 3 .D =@ S'8S,5S,S'555&5s =338i3 =oo reo E++iEEof=oor5l@O.cL9aaPee -vr !a d dB++doo@ C) C)o 5'599ooo55e33f=ooo ^^cL(o ((r_ =.9fiEf Ot \<O^e aor6cooi C)a€ =G'_Noo@vo t CLao(1-to o ctno oo 3 o)oo o Nooo, o\(,t o,o-o (Do I d3 sq.-0 n N oF FEB-10-a004 l2:03Ptl -?t./ .:\PftE io .a Applicrtion mu3r b3 compllt! wherc pplicablc. Typt orprint ln BLACK .[!X. No onnirlkes or eorrrres unlers inirirl6d. S'I NEET clTY FRO}I.D IVSIIATERES 970 915 I 74 1 I-Il8 P002/0tl F-790 LCOLORADO DIVISION OF }YATER BES6URCES 819 CrnrE mid Blds,, t3!3 Shrrmrn St., Drrwct, CoiraOo eOZOg I PE RMIT APPLICATION FORMI ( } A PERMTT TO IJSE GROUND WATER' P+A FEBMTT TO CONSTRUCT A WElit FOfi; ( , A PERMIT TO INSTALL A PUMP i RECE|VED.ffiiruA.. SEP t,, 4198I P ( } OTHER I } REPLACEMENT FOR NO. ![IBt ffSOTCEl trar ilsrriE Ditt. coNDrTroNs 9F APPnO This well shall be used in such a way as to ceuss no malerial iniury to existing weter ri*rts. The iscuance of tha parmit does not a3lure the applicant that no iniury will occJr to anothcr vested wcter right or preclude another owner of s vssted water right from soeking relief in a civil coun action. rffirllD !E mEc[rc Ir8E, IXuIrDm ETn'rrcllmr 0t Iq! oYEE orE rcE ([e f,EgllElm lD LltrE. APPLICATION APPROVED iilzqae WATER COU8T CASE NO Bac.ipr *". /ft / I ,915025 (- I HOUSEHOLO USE ONLY. no irrigstion l0)l>t DouFsrrc (r) ( I TNDUSTRTAL (El( I LIVESTOCK 12' I I tRHtGATtON (6) PEBMIT NUMBER DATE ISSUEO EXPI ^ffi,,e 198 ,u.rrr*V* o, qU3 ". n o*- r*p--(a- Q..*, ql-- A-, Jr(N.6r (C,W, (3lWATER USE ANp WELL DATA I ftoposed maximum Oumping rate (gDrn)/s' Average onns.l ,mounl Ot ro bs ,gp.opriared lrcre.to8t): Numbcr or rcrsr ro be irlissd; lgSS" \**Sl \ Propossd total deptr tferttr f\5 Aquifer ground woter i5 lo be obuined fro{h; Osner's well dcignation { ICOMMERCIAL (4'{ ) MUNIC'PAL (8I ( toTHEB tgr FOB OFFICE USE ONLY: DO NOT WBITE lN THIS COLUMN l(-E ,. or r, Section -J-- oErArL THE USE ON BACK rN (111 5 -47 COUNTY 73 T-7r8 P003/0ll F-790 '. iec: lln€' 9I0915874 rFEB-1 0-2004 I ?:03PM FRO[I.D IVsIIAIERES (51 THE LOCATION OF I}IE-PBOPOSED WELL rnd the e,!t on' w di.grEm bolow. tlsa tha CENTER SECTION (1 fcction, 640 acral tor the vrell location. t6) (7) LOCATEP o,,n"r,frah+ ^ il- d - U-t.. *, aLOT--J--ALOCK -FlLING r - suBDlvrsloN xo.ot..ro b,? h .wittthirbt rhc only well on thb qact? Plaan Ccing ' . In.**, O n.o {5 * (9) FQR REPTACEMENT-WELLSsiv.dirt nco and dircction hom oU well ard plans forplugging ir; -in. lrom -ft. to-ft. Paiorrad casing _-.n tor 65- tr-to 7rf6. in. frorr - ft. ro - tt. + I + l + I + I + I + I + I+ I *+- .+ -+- + + --+- + -+-. _ ---r.---r mlLE, EilO rte r '--1'l+f+ I Iffi+-+--lsl,l:. l- , -lg lrl:ffi I+++ rlrl-+'+-{- +-+ l+- r++ I r tolIT S -+trzrlldE+UI3r gL fl+'t'll| 30t I++ I + -+ '+-- t - It+ I +-J-- I , IORTH.+ a+ l_ l.- il-+-+- I++ Il-+- 18l The scalc ot the clid(fam is 2 incher. 1 mile Erch small square rcfrretenls 40 ,cret. tyATEh EOUtVALEtyTS TA8L€ lFoundcd Flgurctl AF acra.loot €ovcri 'l ocTo ol lan<l I ioor dcspI qrbic tool prr racond lcf:l . . . 449 0allcnt p.r minure looml A ftrnlly o, 5 wlrr /6quird lpproElrnglgly 1 rCra\foot of wrrlr p.r ycor. I tcrF ool . , . ili}560 trrbk foor , , .3715.9(Xl grllonr t.Om g9lrgt/nrp.d continuou.ly for,oo dav prodtrca {:{2 acr+tact- (t0) LANQ ON WHTCH GROUND WATER WtrL 8E USED; O*nar(rl, of diporrl No. of acres: of the ol ground rarer: l{ousohoH usr rnd domohis wellr murr(r 1l ry'lcm lo -lt trom (12I OTHEF WAIE.R RIGHTS 71s\d' Sffitp+dtp dr'Y,' (r3, TlrE APPLTCANTI$ -$r.l ,InuE ro rrrE .qFsT pF used on this larrd, including rrellr. Give BegistrftiOn ond WAEr Court Case Numbers. ,gB Uted for (ruraos€)0gtcription of land on which uscd (Si THAT THE 'NFOBMATION SET FORTH HEBEON KNowLEoGE. / OF APPL ,.-, J^t Sf . .:cc.ri*lr{rl o, w33t, y- t 'l ' '!a *, iJ.,, b,l I I i I . :,, ,co'lt ' iLi . ) il. ' l', j I I ) .'*l Current January 2003 Contract #040219DM(a) Map # 492 Date Activated ADrc4 WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT Nameof App,*-t N a ,-."t', a. A 11 ealA. * Quantity of Water in Acre Feet: Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colora organized pursuantto and existing by virtue of C.R.S. 1973, 53745-101, etpeo., (hereinafter referred to as the "District") for an allofin contract to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of Contract and the attached Application, Applicant hereby agrees to the following terms and conditions: l. Water Riehts: Applicant shall own water rights at the point ofdiversion herein lawfully entitling Applicant to di' water, which will be supplemented and augmented by water leased herein. lf Applicant intends to divert through a well, it must be underst by Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources. 2. Ouantitv: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's pr of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colon 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 s quantity in acre feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct fl, 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 le availability of water from District's sources. Any quantity allofted will only be provided so long as water is available and the Applicant fi complies with all of the terms and conditions of this Contract. The District and the Applicant recognize that some of the District's decrees r be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant r be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less w than the amount herein provided, Applicant may so nodry the District in writing, and the amount of water allotted under this Contract shal. reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. Beneficial Use and Location of Beneficial Use: Any and alI water allotted Applicant by the District shall be u for the fol lowing beneficial use or uses: industrial, municipal, domestic and related uses, or commercial (except for commercial use from Alsb 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 Cont No. 2-07-70-WO547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use ofany and all wr 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 ofstorage from Ruedi Reservoir, Green Mounl Reservoir, Alsbury Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be deliverer or Green Mountain Reservoir shall be subjectto the District's Iease contracts with the United States Bureau of Reclamation. Releases from otht facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the Distrir hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the Distrir in the future, so long as the water service to the Applicant pursuant to this agreemen! is not impaired by said action. Any quantity of th 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 tl District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shatl be limited to the amount of water available in priority at the original point < diversion ofthe District's applicable waterright, and neitherthe Distric! northose entitledto utilizethe District's decrees, may callon any greatr amount at new or alternate points of diversion. The District shall request the Colorado Division of Water Resources to estimate any conveyan( 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 provided pursuant to Agreements with said Districts. The tntergovernmental Agreement between the District and the Silt Water Conseryan( District, dated January 25,2001, is recorded as Reception No. 575691, Garfield County Clerk and Recorder's Office. The Intergovernment Memorandum of Understanding between the District and the Bluestone Water Conservancy District, dated April 26,2001, is recorded Reception'No. 584840, Garfield County Clerk and Recorder's Office. 5. Alternate Point of Diversion and Plan of Ausrnentation: Decrees for alternate points of diversion of the Distric water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decn is the exclusive responsibility of Applicant. The District reserves the right to review and approve any conditions which may be attached judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applica acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in wal rights contemplated herein, and further agrees to indemnifo the District from any costs or losses related thereto. Applicant is solely responsit for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applican intended beneficial use. lrrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall ma annual payments to the District based upon the amount of water allotted under this Contract. ln the event the Applicant intends to apply foran alternate pointofdiversion and to develop an augmentation plan and institt legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, t Applicant shall give the District written notice of such intent. ln the event the Applicant develops and adjudicates its own augmentation pl to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under Paragraph l9 below. In any event, the Distr shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such pl and of all pleadings and other papers filed with the water court in the adjudication thereof. 6. Contract Pavment: Non-refundable, one time administrative charge, in the amount determined by the Board Directors of the District from time to time, shall be submitted with the application for consideration by the District. Annual payment for the water service described herein shall be determined by the Board of Directors of the District. The init -L-rrL-..-^r^:-f..ll -.':aL:-.L:*'/an\r^.,-^*--+L-'lataafnn+inotn*haAnnlinanrfhatihcinitialnrwmentisdrre SeidnOt will advisethe Applicant, amongotherthings, ofthe waterdelivery yearto wfrich the initial payrnent shall apply and the price which is applice to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January l. Ifan anr 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, ret receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set forth in this Contract or Applicat 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 District fiom adjusting the annual rate in its sole discretion for future years only. lf payment is not made within fifteen (15) days afterthe date of said written notice, Applicant shall at District's sole opr have no further right, title or interest under this Contract without further notice, and delivery may be immediately curtailed. The allounen water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District. Upon cancellation of this water allotment Contract with the District, the District shall notifo the Division of Water Resoul 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 allotment of water righs hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with water riglrts and adjudication necessary to allow Applicant's use of such allotted water rights. 8. Assienment: This Contract shall not inure to the benefit ofthe heirs, successors or assigns of Applicant, with the prior rvritten consent of the District's Board of Directors. Any assignment of Applicant's righs under this Contract shall be subject to. must comply with, such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumptiol Contract rftligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from appll to the District for individual and separate allotment Contracts. No assignment shall be recognized by the District except upon completion . filing of proper forms for assignment and change of ownership. In the event the water allotted pursuant to this Contract is to be used for the benefit of land which is now or will subsequer be subdivided or held in separate ownership, the Applicant may only assign the Applicant's rights hereunderto: I ) No more than three separ owners all of whom shall be party to a well sharing agreement satisfactory to the District; or 2) Ahomeowners association, water district, w and sanitation district or other special district properly organized and existing under the laws of the State of Colorado, and then, only if s parties, association or special district establishes to the satisfaction ofthe District that it has the ability and authority to perform the Applica obligations under this Contract. ln no event shall the owner of a portion, but less than all, of the Applicant's property to be served under Contract have any rights hereunder, except as such rights may exist pursuant to a well sharing agreemcnt or through a homeowners associat or special district as provided above. Upon the sale of the real property to which this Contract pertains, Applicant shall make buyer aware of this Contract, proper forms for assignment and change of ownership must be completed. Chher Rrrles' Annlicant qhall he trrurnd hv the nrnviqinnc nf the Weter Cnnserunnnv Act nf Cnloreda. hw the n from such device or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could res in legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. By signing this Contra Applicant hereby specifically allows District, through its authorized agent, to enter upon Applicant's property during ordinary business hor for the purposes of determining Applicant's actual use of water. Representations: By executing this Contract, Applicant agrees that it is not relying on any legal or engineen advice that Applicant may believe has been received from the District. Applicant further acknowledges that it has obtained all necessary le and engineering advice from Applicant's own sources other than the District. Applicant further acknowledges that the District makes guarantee$, warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this Contract. Should the Dist be unable to provide the water contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund fr, the District. Costs of Water Court Filine and Ausmentation Plan: Should the District, in its own discretion, choose to inclt Applicant's Contract herein in a water court filing for altemate point of diversion or plan of augmentation, then Applicant hereby agrees to I to the Dislrict, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of r proceedings. Applicant shall be assessed a pro-rata share ofthe total cost incurred by the District in preparing, filing and pursuing to decree r water coutt case. The pro-rata share shall be calculated by dividing such total cost by the number of contractees included in the filing. To' extent that the District is caused additional costs because ofobjection filed specifically due to the inclusion of Applicant's Confact in the fili, such additional costs may be charged specifically to Applicant and not shared on a pro-rata basis by all contractees. 20- Bindins Aereement: This agreement shall not be complete nor binding upon the District unless attached heret< the form entitled "Application to Lease Water From West Divide Water Conservancy District" fully completed by Applicant and approved the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. All corresponder from the District to Applicant referring to or relating to this agreement is by this reference incorporated intothis agreement as further terms a conditions of this agreement. WATNing: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERIV OR OTHER WATER RICHT IN ORDER TO DIVERT WATER. INCLUDING THE WATER ACQUIRED UNDER THIS CONTRA( IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGI INCLUDINC FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORT'S, FILTNG STATEMENTS I BENEFICIAL USE.OROTHERWISE LAWFULLY APPLYINGTHEWATERTOBENEFICIALUSEON A REGULARBASISWITHOI WASTE. 22. AREA B. CONTRACTS: IF APPLICAN'I-S WELL OR OTHER WATER RIGHT THAT IS THE SUBJECT ' THIS CONTRACT IS LOCATED OUTSIDE "AREA A" AS DESIGNATED BY THE DISTRICT, THEN THIS PARAGRAPH APPLtr THE AUGMENTATION WATER PROVIDED BY THE DISTRICT UNDERTHIS CONTRACT MAY ONLY PROTECTAPPLICAN] WATER RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM A} OTHER SENIOR RIGHT, NO REPRESENTATION OTHERWISE IS MADE BY THE DISTRICT. IF THIS IS A CONCERN' APPLICANT, THIS CONTRACT MAY BE RESCINDED UPON WRITTEN NOTICE DELIVERED TO THE DISTRICT BY TI APPI Ir-ANT lrl/ITT{IN THE NFYT ?N NA\/S FNI TTTII/INrI TI{F AFFIYTNr] NF SI']NATIIPE'q rlN T1{IS /-rrNTPAT-T IN WI{T, \.:< :1 =s-*,_\ X\f l_t-_q\-"_ Applicant Applicant ) ss. ) The foregoing instrument was acknowledged before me on this / A auy of F , STATE OF COUNT}'OF 20 ,by Witness my hand and official seal. My commission expires: Notary Public ORDER After a hearing by the Board of Directors of the West Divide Water Conservancy District on the Application, i hereby OIDERED that said Application be granted and this Contract shall be and is accepted by the District. WEST DIVIDE WATER CONSERVANCY DISTRICT Date This Contract includes and is subject to the terms and conditions of the following documents which must accompany this Contract: l. Map showing location of point of diversion (use map provided) 2. Application and Data Form frrlly completed and signed srArE on Q €r lc. rct o{ r,. I COUNTY'OF zooA-dv b*,\no. 11 M.Pe<7e Witness my hand and official seal. My commission expilqs: (\ ) ) ss. ) The foregoing instrument was acknowledged before me on this _ day of >/r7 /o'7 President 1_/ot"w nuuti" MapQrssl; Maps: print i*&PeugSx l-l 0245 County Road 335 New Castle CO 81647-9635 US no,tc*.s.:f.r.\ " \\ $*)\ t" \$\** t-<, c\+\t *\.s'N c-*-r 33s -\il-r €hoo, faorniE $ar Or z I cnarrraw 6 Orchard Ave fl osilt Graad Arer6 3'gg SCGq 1,of Page I of I rfr{ Book a Hr Save up tc Orbltz Save *.-.\*fr-..[ t&, lNn (' il(r -r'\ rt? 's \ t-\ c bbo_c T z. 57 1r, rD # q$vf ';_'................_Grtxra.-l8fft treacfr Vahytu d e E -ls Et il6=rf *:-y qa @% Fi.b Seco Rd O2OO3 lrboQrstom ltr,: O2(El 6OT. |rc. .:'-l' Thts map s inForrnational only, No representatlon ls made or waranty given as to tts content, user assumes all risk of use. {aoQuest ind its suoohers ass!r!!r no resonsibilitv fcv any locs or d+!av !.csrltina frcm such usc. httn://www.manouest.srm/maps/priat-adp'lmapdata:sllf)bo/a252fBv9J8ilflaT7s-5dz5VFbTrJ... ?15l?fifi % GEE EEE NEIGHBOR'S NAMES & ADD King & Pam Lloyd 0325 Midvalley Dr. New Castle" CO 81647 William & Donna Dubois 0405 Midvalley Dr. New Castle, CO 81647 Mark & Stacey Bosworth 0322Midvalley Dr. New Castle, CO 81647 Lori Harris 1077 County Road 335 New Castle. CO 81647 @L?l 1.;f 6 n 31.O A.OO GNRFIELD COtr{TY CO Whm Rrcorded Retnn To: HomeComings Financial Nctwork, lnc. Onc Meridian Crossing, Stc. 100 Minncapolis, MN 5_Jj2f-i"fiffir;,),iffi,,;D [Space Above Thls Llne For Recording Data] DEED OF TRUST rliilillilfl[illiililiriiflil!lltilllll rllll THIS DEED OF TRUST ("Security Insrnrment') is made on ApRrr, 16TH. L999 coNARD MEADE AND DONNA. M- /MEADE, HUSBATID A]rD WIFE ,r/ ,r/ ("Borrowcr"), thc Public Trustee of cARFrqr.D HO!4ECOMINGS FINANCIAL NETWORK l.NC,,/ # vrt .i II ? ,vt? 1 o ? which is organizod and existing under the laws ot addressis ONE MERIDIAII CROSSTNGS, STE. 1OO MINNEAPOLTS, MN 55423 ONE HUNDRED SE\TENTY Two THoUSAND A}ID No/loo DEI,AWARE 335 , NEW CASTLE IZip codel ("Propcrty Address'); , among the grantor, County ('Trustee"), and the benehciary, , anO whose ('Lender"). Borrower owes l-ender the principal sum of This debt is evidenced by Borrower's nore dated the same date as rhis t*il"r'rTrlff;f, t,*o,",l,tJi*ii:#., tl; monthly paymcnrs, with the ftril debt, if not paid carlicr, due and payable on MAy rsr, zozg This Securiry Instrumant secures to lrnder: (a) the repayment of the debt evidenced by the Note, with inr€rest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph ? to protect the sectriry of this Security Instmment; and (c) the performance of Borrower's covenants and agrecments under this Security Instrumenr and &e Ncrc. For this purpose, Borrower, in consideration of the debt and the trust herein created. irrevocably grants ard conveys to Trustee, in trust, with power of sale, the folio*ing describcd properry located in ''" IcARFTELD Counry, Cofo$, f PA,RCEL 7-E IXE ,ffit:li=l*#**;lr,ffxffi':x,":;:ril".13'H?o" *o 311221 EIjj which has rhe address of 0245 couNTy RoAD Colorarlo 8L64'l COLORADO"SingIe FamiIy.FHMA/FHLMC UNTFORM ITSSTRUMENT Form 3OO6 1/91 @-"enlco) rsoosr Amonded 5i5r vMp MffiTCAgr fonMs - (8oo)521-?2gr /-a , PsOt 1 ot 6 tnt.ias: L)fli/ MI;co8770 (04/99 ) t Mr-r37147 -g ---"/-\o' {Strcc., Cityl, r rnllt lnn uutt llul ltil ulnt lrtl ntn fu ru:{:q: y!?'-!!?!2 31:31M13: :31! :': :L:r:r 2 of 6 R 31.40 O O.OO GfiRFIELD C0ln{TY C0 T.GETI{ER *ITH all the improverncnt$ now or hereafter erccted on the propertyr 1t]d 3ll easements' appurtenances' and fixrures now or hereafter a part of the property- All replacements ani-Jiiilr'* itar aro u" *'"rlJ'iy rhis Security ': Insmrment.Alloftheforegoingisrefcrredtointhisso"arylnstrumentu.'n".r'op"'ry.".rndhastherig}tttogranta|.. BoRRowER coveNnNrs that Borrower'ir r"*n iii r"ir"o ot-,u" "i"t" ir"duy-to"t"v"d. -d has the right to grant and - ' convey the property and thar the Property i, "r"*"rrU"i.ia, except fot "i**Uito"it of rciorA' So,,ower winanm-and:lvfll ': ': defend generally the title to the Property- agaT.t .rr'"i,i* *a o"''not' t;d;ii * enc,mbrances of record' - " I 't ': ' ' THI' sECURrry rNsrRuMENr combirres ,"ir"., covenatrrs for n*ional use and noo-u'iio"o to'enants witb titiite4. ''. i :' ,**ior. Lv.i".irai"tiorio .onstitute a unifonn security insrnrment covering real property' '' :1 )' UNIFORM covENANTS. Borrower and Lendcr covenatrt and agree as follows: .' "i i: ' l. payment of principal and Interesli pfi;;;ri;d r-d cirl'.i[.-Bi*rr", sball promptlv pay when *""{ii . principal .f and interest on ,f," debt evideuced -U-V ttri Note and any prepaymeni and lue charges due under the Note' '" " " 2. F\rnds for I'axes and Imuranc". SuU;eci-io applicableiiw,i-tio " *an"n waiver-by t-ender' Borrower tn't n%[;i Lender on the day monthly payments are due *a"i tt"-frlt", until &e r'ru" it paa in- full, a sum ('Funds") for: (a) y*ly I and assessments whiclr nuy arain priority over this securiry Instrur*, ." ,l-i[o, tt . p*p.ny; q)l;]t it*ct''oid p'ymo'tt t' t ' or ground renrs or ,t" ili"ii, ;i;r; ("1 y"orv iril]f,;;;;p"t y ilnsurance premiums; (d) yearlv flood iusurance premruus' i if any; (e) yearly mortgage iniur*ce premiums, it *f; *a^. Ai li :::t payable by Borrower to l-euder' in accordance with i the provisions or p*"gruin a iri ru ;1{r9 garment of mortg"ge i"r*.o"J-pr"-rums. rh*sc iyms are calred "Lscrow ltems' " I-ender may, at any rrmi, collect rnd hold Funds in an amount not to "*t"'d the maximurn amount a Iender for a fedcrally relared mongage loan may require for.qo_rrower;; ;;;;;**t,roaer'tii" r"a".rr Real Estate Settlement Procedurcs Act of 1g74 asarnended from time to rime, 12 u.s.c. s"ii", zoot a seq. t"nEipAt"ri* another law that apprics to the Funds iets a lesser amount. If so, Lender may, ar *viiroiori;;ti"rbrunds in as amoutrt not to exceed the lesser amount' I-endcr may estimare rhe amount of Funds au" oo til basis of current data and reasonable estimates of expenditures of future B;;Hi"h?1"$:irilT l,1,1'?"#iilin'TJ'ffi3::'3]*'o a1-iosurt',!v;r1ril,ri?r?; "'*;ffigfiy.';'J."o(including l-ender, lr rrna"i is zucir an institution) rr ir ,"ir"oeral-Ilomi-r-o- s-k- Lendei shalt apply the Funds to pay the Escrow ltems. Irnder may not charge Borrow., ioiiroiai"i and apply_ing rhe Funds, annualty analyzing the escrow account' or verifying rhe Escrow rt"i'r,'u,roirhoi, pryr riiio**llto*iii, in"i*or *a ippri."ur! ta* p.rmirr Lrnder to.nake srch a charge. However, r*naei may r9guiry. s"to*.i,o pur " 9*;1it9 charge for an independenl ryal estate tax reportlng servr@ used by trnder is connecrtoo wirir this toan, ,Jol ippticable law piovides "l!-:dt::. yi5t an agreement is made or applicabte law requires ;;;;il d [; pria, f,g"ir". ;b"ll ili be required io pay Borrower:ny-interest or earnings on the Funds' Borrower and lrnder may agree in writing, i,o*.*r, ,rr.i interesl shall be paid on thc Funds' l*nder shall give to Borrower' wirhout charge, an annual accounting or oe runL,-irro*iog "r"aio *iai:im to the Funds and the purpose for which each debit to the Funds ** *"a". if,rFuia, .r, plcd;;;;JtJi"+ t*Y? for all sums secured by this Securitv Instrunrent' If the Funds held by trnder exceed tn, ,-o:*r" p"t-it "d lg ry.h"ld by applicable law,-Irnder shall account to Borrower for the excess Funds in iccordance with rh€ *qri;J"" "t afplicable taw- tr ti" amount of the Funds held by [rnder at any rime is not suff,rcient to pay the Escrow ltans when due, Lendeimay so notify Borrower in writing, and, in such case Borrower shall pay to l-ender rhe'arnount necessary ,o *.t" 6 ,h; ainciency. g";wer shall make up thc deficiency in no more than ;;''""*lTll$:{rfl'h,1'1fl,1""J#'illi:{"fi'"i: Hyy-^rT-,T-*"r, tader shafi promptrr rclpa g fl:f::: *v Funds herd by trnder. I;f ffi.;dfth r,-L"ir"r rtrat acquire or r"ii ri," prop"rry' tenier,.prior to the acquisition or sale of the pnryerty, shalt appty any Funds hel.i by ;;;t t &e 'jhe of ,.qoiSii* oi 'J" * a credit against the sums secured by tbis Securiry Instrument' alrra rrw nr^vidp_s orhenr d by trnder under paragraphs* - J. lpirfiotion of Payments. Unlcss applicable law prcvides othcrwise' all payments recerve I and 2 shall be applied: first, to *y pr"p.y**i.ftrtg.i Aut *der Oe Noie; se;nd' to anounts payable under paragraph 2; third, to interesr Ou.; t*rtii, io fti"Jifqf iul; *d last,io any late charges due under the Note' 4. charges; r,i"osl'ilr.oir"i tri"[ pay "il tfri, ,"r"ri**tr, ch-arges, fines and impositions attributable to the Property which may attain priority over rhis seclrity lnstrument, and leasehold p""i*"nlt ot g.o*a rents' if any' Borrower shall pay these obligations in thc manner provided-in-par#rph ,.';ii norpaid. i, trr* **.r,-Borrower shall pay them on time directly to the person o*rt pryr*ni. so.**r, ,t ali pro'miriy ir*iinio lender all noticcs of amounts to be p-aid under this paragraph' If Borrower makes thcsc paymetrts directly, qgnotieip$U promptly furnish to l-ender receipts evidencing the payments' Bonower shall promptly discharge "ny rr"n-*tii"ilf,asfio;lry over this securiry tnstrument unlcss Borrowcr: (a) agrees rn writing to thc paymenr of ihe obligation s-eculgd by &e tien in a rumner acceputlero Foo:tl (b) contests in good faith the lien by, or defends uguiost ;r,for"**in of the lien-i'nJ"ga pr*.eoings whi"l in rhe Lcnder's opinion opcrate to prevent the enforcement of the lien; or (c) secures from the notacrir ric lien *kr*',.oi r",itrr",oty rc dnder subordinating the lien to rtris security tnrtrumeni. -if i*noer derermines ,rr"i *y p* oj rhe. floneni' ii subject to i rien.which may attain prioriry over this security Insrrumenr, lrnder may qivc logo*Lrln'orioe identifying ttre tien' Bo..*"t shall satisfy the lien or take one or more of the actions set fortlt above witiin l0 days of the giving of notice' Form 3ee6 1/91 P.c.2 016 Zr+'"*S-@oo1"o' 't"*' P'o'2or6 -,2 VFCO87?0 (04/99) / 04 l-137147-9 tll']Ilillt!|!![,'Irt!!L'ilrt'IxtltllL'[''[lllur lJ; a i si'oo D 0.00 GffiFrEl-D counrY c0 5. Hazard or property Insuranc.e. g"a"r"i *a.l,b-p- e:^imProvemeiils now exisliug or hercafte' ryt+ ss the properry inzured .gu*riioo'Uiiue, hazards iocfuAea wilhin ihe t"., T"ite'Oed coverage". ana any other hazards' including floods or flooding, ro, *rri.i, tndcrrequires inzuraunce. This insuranoe.dib" ;ri"r"to& in tt" amounts and for the periods that Lenoer requires. The insurance "*ri", p-ffil; th" tt;;;-*:l1i-* chosen by Borrower subject to l-ender's approval which shalr not bc unreasonably withherd. If -Borroier fails to maintain [r"."g" a.icribed above' I-ender may, at Lender's oDtion, obtain coverage-io-;;;, I.ender's righis i*til Progerty in accordance with paragraph 7' - Alr insurance pori"id ,n,r renewars *nr rJ..opr;i;i; Gooeiaoa shall iriclude i standard mortgagc clause' lcnder shail have rhe right to hold the poticies -a ,*"i-ar. iireoo", requ,irql, il'n;"r;t ll fromp-tlv sive to l-ender all receipts of naid oremiums and rencwat norices. In the eventliil, B";;;;r'rhar's;; p;;;d;ifi to tni i-ntut*ce carrier and ['ender' li"alt *rJ **t proof of loss if not made promptly by Bormwer' unless Lender and Borrower othenrise usr; * writins, insurance proceatsshall be applied to restoration or repair of the property damag€d, it tt*-#*ionor repair [io"il;.ll-y- .rgasiure *[-Goa"r" securityis not lessencd' If the restoration or rcpair i6 *, o*o*Jty-i*rritt" o, r*o.r,r'il,.i[-*o,iro be lcrscoed, the insuraooe procrrds shall be applied to the surns secured by this Sec,nty'tnstrumenl, rvhether oi *a il* duc, with *;' ;;t paid to botto*"t' If Borrower ab,ndons thc property, or does not airswer wirhin 30 days ^-noii* trom r-enaer u.iin" i**ance carrier has offered to settle a clairn' then l.ender may collect o.'iir.rrr* p;."d; 6J;i;t use the^procoeds to repair or restore the Property or to pay sums securedbythisSecuritylrlstrument,whethero'nottn"oao".The3Gdayperioawillbeginwhenthenoticeisgiven. unless Lender and Borrower otierwisc "sro i" writing, any appiication o-f procteds to priucipal shall not exiend or posrponc tbe due date of the monthly paymentireferred to in paragrffi i .rd 2 6r change the aruount of thc payments' If under paragraph zl rbe properry_is acquy* by--;;d";: Borro*ir'rltgirt to any insurance policie's and proceeds resulting from damage to *re rroperti il;;-,';'d; ;d;i;t*rlrh*l p"ir m;"a", to il" exteni of the sums secured bv this Security Insrnrrnent ,IrlTi'3:lrrsir"i,t:*:ffiIliltlrltnr.rnonance and protection of the hopertv;. lormwT's Iran Application; Less€l'olds' Borrowcr shatl occupy, esrablish, and use ,h" Pt"p"tty S i:*::l':I;t""tiJ#iJence within sixty diys after the executiou of &is Security Instrument-ano shau continue to ociupy tbe propeny * norr;*"i;s principal-residenie for at least one year after tlre date of occupancy, unress Lender orbe.*d;gi;s; ;;ii;g; *rricrr ionse,t rt "tt not be unreasonably withheld' or unless exrcnuaring "ir"rmrtu*"r-exist which *" t*vfr Borrower'Jcon,roi sorro*o shall not destroy, damage or impair rhe propcrty, allow rhe properry ro_ deteriorare, oi ***it waste on ttt" iiop"tty. -ryIgt":t shall be in default if any forfeiturc acrion or proceeding, *f,",t; civil or crimini, i. ugr"th-r1 in rrnaeir'goou r"itu judgucnt could result in forfeiture of the propcrry or orherwise *"ioi"ilv irnpair ttre ri#c^iJ#-ily ,hi.-s""uriry Insirumcnt oiLendet's securiry interest' Borrower may cure srrch a default and reinstate, as provided i; il"S=trph 18, by causine-tii" *;* oJ gro-leirne to be dismissed with a nrling thar, in L,ender,s grrd i;rh dcicrmination, p;;I"ffi ?"rfciiurl of the"Borrower's interest in the Propeny or other material impairment of tbe lien creatcd by this sec,rritv-rnsrtrument or rrnderk d;, interest..Borrowcr shalt also be in default if Borrower. durirg the loan application n***r!#;*Iifily '+.;i i"'"il# information or statements to lrnder (or failed to pmvidc r,cnder *iil;y-'#l;"r i,ir"r*ti"ii i, **Jio" *itrt *re rornividcnced by the Note, includiug' but not limited to, representations conccrning Borrow.er's "..rp*ty of.the Property. 's a pggpat T:1d:T:.:-If this scctriry Instrument is on a leasehold, Ilorrower shall comply win ar-trrl-pri,ni.io* of the-lease--lf B6nower acquires fee title to the Property' the leasehold and the t . titi. ruaiioi *rrg" unless Lender agrees lo the rrrrger in writing' 7. kotc.ction of Lender,s Rlghts in the koperty. If Borrower ratt"to perfgrm lhe cor"nantt alrd agreernents contained in rhis Sccurir,v Instrument, or therc is-a tegat.proc#aioi ttyt-may signincantty affcct l-ender's rights in the Property (such as a proceeding in uanrmp-rcy, p-urt", t". cino"mnauonir forfeiture or to enforce laws or regulations), then koder may do and pay for whatever * ;";G;;;1ry,o, trre varue of the Property *d Irnd"t't rights in ihc etop"tty' lrnder's actions mav inctude paying *v ,r*"- r.i"rd uy a ticn *nictr has prioiiry' over this security Instrument, -appearing in co,rt' Paying reasonable auorneys, fees and entering ,, ,il il;fty to lirtri"p^irs. eim*gi, I:nder may take action undcr this paragraph z, rrlfirdoesffilteif*?ritTi r*ou"r.ona"r this paragraph 7 shalt become arlditional debt of Borrower sccured bv this Securiry Instrumeut.l;;G* So;o*", *O f*ttOo uet"" ti oitttt r"t't- oituy*"ot' these-amounts shall bear intercst from the date of disbursernenr at the Nore rate and r#ibr;;t"bte, wi*r iircrotl ripo" notice from lrnder to Borrower requesting p'y'flt*o.tgage rrsuranee. If Lender required rnortgage insurance as a condition of making the loan secured by this senriry Instnrment, Borrower sban pay the prerri,Js';"Ai;;A;" maintail tit".oor,g"gt insuranceln effect' If, for any rcason' lhe morrgagc insurance coveragi *qrir"3 by Lurder lapses_it_^"3:l: b" in effectl Borrower shall pay thc premiums required to obrain coverage subsuntially equivarent ro the mortgage insurance proiousrv in effect, at a cost iuistantially equivalenr to the co$r ro Borrowgr of tbc mortgag" insor*J;;";#1iy i' effect, Io* * altemate moftgage insurer approved by Lender' If subsrantially eqrivalenr mortgage insurance ;;;r;;;1! uot available, eo;o*"t shall pay. to knder each month a sum egual to one-twelfth of 0re yealy mortgage i*u*"" pi*-io* being paia uy'sorm*er when tle insurance coverage lapsed or ceased to H.:l-"1rff:;*i.u:#i[ii,iii;]i:ih4*,i:{#i*H:tri*"-"i:::,:rv:"'1,,1}r rr"T:,f ie:-,tr1',r?#&irifi; ,.tlt^-6R(co) re6oe) Prsc3 or 5 @ '",."*\5 ' r mnr unr unlt nrr rnrultll.uttlutururz&is oltzll1999 ort:01P 81125 P630 l'l RLSooRF 4 of 6 R 31.00 D O,@ GRRFIELD C0UNTY C0 payments may no longer be ,,"gqird, at ttre option of Lerder, if mongage insurance coverage (in the amount and for thc period that lrnder rcquires) provided by an insurer .pp*ra-ty-iinaei "gio"ur"omes available and is obtained' Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requircment for mortgage dffi;IJr li "*ra** wittr any iliten ,gt*"nt between Borrbwer andolcnder SiiSrJi?u;"rii';rty. t ender shatl give'-''-i:I;;;;Aiil-GA; Jiliidaeni mav niake rearcnable cntries upt Borrower notice at the dme of or prior to an inspection specifiiug-reasonable cause for the inspedion' I0. condemnation. The procccds or *y a-wira ,it;iriir'to. ar-"it,-ait*t or conslquential, in connection with any condemnarion or other taking of any pan of the Property, or for *ou"y"ftt in lieu of condemnation' are hereby assigned and shall be paid to Ltnder. In drc event of a total taking of the properry. rhe pmcoeds shall be apolied to the sums secured by this Security Instrument' wherher or not rhen duc, wirh any exccss paid to Borrower. In the event? a parrjal taking of the itroperty in which the fair market valuc of rhe property irnmediately u"rore trr" taling is equal to or greatl. tnan-thc inount of the sums secured by this Securiry Instrument immediitely before the raki"g,-""i*r f"**", and rrioer otherwise agree in writin$, the sums sec1rcd by this security Instrument shail be rcduced by the';;;a;i ,hg plTqr mulripried by [re following fraction: (a) the total amoufi of the sums scsred immcdiately ucrore ttre tating, _dividid by (b) tbe fair market valuc of the Property immediately before the talcing. noy ua*ce;hrli dpaid to Bonowe;-tn the evenr or a panra taking of rhe property in which thc fair market value of the properry immediately usrorc th;Ekiot i, l"r, thy the ,mo*t of the sums srcured immediately before the taking, urrlcss Borrow", *i una.r ottrirwisc "g; io orfr,iog or unless applicable law othcrwise provides, the proceeds shall be ryplial lo rhe sums ."*iJUV &is Scorrity listnrment whJthcr or not the sun$ arc then due' If tle property is abandoned by Borrower, o, if, ,ft", Eotice by lro9"t to Borrower that the condemnor offers to make an award or scttlc a claim for darnages, Borrower r.ilr io iopona ro Lender wirhin 30 days after the date the notice is given' Lender is authorized to collect and apply thc procccas, at its option, either to restoration oi repair of tbe Property'or to lhe sums ;r*d by tbis Security Instrumenl' whether or not then due' unlcss l*nder ,nd Borrower otherwise ,gro i, writing, any ap,plication of proceeds to principal shall nol extend or Dosmone the due darc of the monthly payments refen$ to-in piiagaphs'i and 2 or ctrange lhe amount of such paymcnts' ^ . ll. Borrower Not Released; Forbearance By LanderNot a waivi.'g*ri*ior 6r the time for.paymeni or modificuion of amortization of the sums securcd by this se"ilni Ii'ri-m"ot grrntx by l,ender to any surjessor in intirest of Borrower shall not opcrate ro release rn"'ri"[ii,,y "r n" oiigina.6rro.r", o, B6.ror"er's successors in intcrest. l*nder shall not bc required to comnr€Dcc proceedings against any suc{essor b intcrest or refuse to extend time for p,aymgnt or othenvisc modifu amortization of thc sums securod by this security lnsmrrn"* uy reason. of any 9"5"d made'by t-he original Borrower or Borrowcr's succ€ssors in interest. Any forbearance by Lrndci iJ r**"irirl -i rig'Gir.*eay inat not Ec a waiver of or preclude the cxercise ofanY right or remedY. 12. Sucoessors and ASsigns BOund; Joint and sererel Liability; co-signers-. -The covenants and agreernents of this Sccurity Insrrumcnt ,nurr uiraina uenefii tt" sudisors and qsslens ii rroor? and Borrower, subject to the provisions of paraCraph 17. Borrower;. iou**t, *O agr.**Jntt-*f,Af U" Jqd, *d ,,""i't' Any Borrower who co-signs this Security lnstnxnenr but does not executc the Note: tal is'co-sid"t rliJsur.rrity klstrum€nt onty to mofl8,age, grant and convey that Borrower.s interest in rhe propeny under thc rr.-ioiinir"s"curity tnsmrmeut; (b) is noi personally obligated to.pay the sums secrned by rhis security I*r*ii"nt; -6 (c) "g* th.t t-"oa"r *a arry other Borrower may agree to extend. modiff' forbcar or make any rcommodations with regard to ttre terms oirhis securiry llst*ment or the Note without that Borrower's consent' 13. raan ctrarges. Ir rh; io;" secured uv trtir -s**l-ty Insiument is subject to a law which sets nraximum loan charges, and rhat lav is finally interpreted so that tle lnteresio, otho loan chargcs mila"r"a or to be oollecrcd in connection with the loan exceod rhe permitted limirs, then: (a) any r;i-i; "t.g" shall be"rcduced by the amount .nooessary to rcduce the charge to rhe permirted limir; ;d idr;i;rqri'4ddy-*ilected fro-m Bonowcr which eiceeded permitted limits will be rctunded to Borrower. l.ender o,"y "rr.iiir t6 make ttris refund by reducing the principal owed.undir the-Note or by making a direct paymenr lo Borrower. lr-. *nna-i"au* p.iilipJ: ir;;.d;"d"n'will'be treated as a partid Prepayment without any prepaymed charge under the Note . 14. lhtice. Any notice ro Borrower provided for in this Sccurity Instrument shal! b-c gi,e-n by delivering it or by mailing ir by first dass mail unless applicable law require.r usc of anotler metiroo, Thc noticc shall be direired to the Property Address or any orbr address B;;fi;; d"signatcs by_ norice ro lrnder. Any notice to l.endcr shall be given by first class mail to lrnder,s ddress saled herein or any orhepaa."si Goii aeslgnates _by notice to Borrower. Ani notice provided for in this secudry lurumenr snai be deemed io have b*r";i"; ; Bor"i"i oi Gnder when given as provided in this paragraph' l5.Governing Law; Severabitity. frrt &urity lnstrument shall be govemed-b-y. federal law and the law ofthe iurisdictim in which ,i,. p-*ni ii loiatea. rn tt. *drt oat any prorision oiclause of this security Instrument or the Note '#ffiffiil'#il;bl; law, such conflict sna[ noiamect orn " pioii.ions of this Security-Instrument or the Note which can be given efi6 without ure ioniticting provision. ro trrii eno the piovisions of this security Instrument and the Note are declared to be sevcrrble. 16. lrrrower,s Copy. Borrower shall be given one copformed copy of the Note and of this Sccurity Instrument' @;8F1*t ''uo'' MFCOS??00{D9) t Ml -t37 t 47'9 PagB { ot 5 Form 3eQ6 tl91 @,,,*N\ I lllilt lltit llllil ililI lilll illlll]Illl|Il llltllllul siiiiid{ratTisEs oa:olP 81125 P651 !l nLsDoRF i-or e R 31.00 o o.oo GRRFTELD firuNTY c0 17. Transfer of the Property or s Benclicial Intercst in Borrower. Ifall or any part ofthe Property or any interest in it is sold or transferred (or if a beneficial interrst in Borrou,er is sold or ransferred and Borrowcr is Dot a natural person) without lrnder's prior written conserrt, [rndcr may, at its opdon, reguire immediate paymetrt in full of all sums secured by this Security lnstrument. However, this option shall not be dxercised by tcnder if exercise is prohibilcd by federal law as of the date of this Secuntv Instrument.- - if Un0ei exercisss itiis option, Leoder shall give Borrower notice of acceleration. The notice shall provide a period of not less lhan 30 days from the date thc noticc is delivered or mailed within whicb Borrower must Pay dl sums scctrcd by this Security Instrument. If Borrower fails to pay these surns prior to the expiration of this p€riod, Lender may invoke any remedies permincd by this Security Instrument without further notice or demand on Borrower.- 18. Borrower's Rlg[t to Reinstate. If Borrower meers cerain conditions, Borrower $all have the right to have enforcement of this Security Instrument discontinued at any time prior to the eadier of: (a) 5 days (or such other period as applicable law may specify for reinstatem€nt) beforc sale of the Property pursrumt to any power of sale contained in this Sccurity lastrumem; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays l-endcr all sums which then would be due under this Securiry Instrumcnt and the Noe as if no acceleation hed ocarrred: (b) cures any default of any other covenants or agrrements; (c) pays all expenscs incurred in enforcing t}is Secudty l*tnrrnent,. including, but not limited to, reasonable arorneys' fees; and (d) talces such action as knder may rcasonably rcquire to assure that the lien of this Security Instrurnent, Ixnder's rights in the Property and Borrower's obligation to pay the surrs secured by this Security Insrnrment shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations y:cured hereby shall remain fully effective as if no acccleration had occurred. However, this right to reiustatc shall nor apply in the case ofacceleration under paragraph 17. 19. SaIe of Note; Change of Loan Senlcer. The Norc or a partial interest in the Note (together with this Security Instnrrnent) mey be sold one or rnore times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under tbe Notc and this Security Instrument. There also may be onc or more changes of the Loan Serviccr unrelated to a sale of the Note. If there is a change of the Loan Scrvicer, Borrower will bc given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state tbe name and address of the new lnan Servicer and the address to which payments should be made. The oolice will also contain any other information required by applicable law. 20. Hazardous Substrnces. Borrower shall not cause or perrnit thc presence, use, disposal, storage, or reicase of any I{aeardous Substances on or in the Propeny. Borrower shall not do, nor allow anyone else to do, anything affecting the Propcny that is in violation of any Environrncntal 1:w. The preceding two sentences shall not apply to the presence, us€, or srorage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to mainteruncc of the Property- Borrower shall prornptly give lrnder wriuen Dotic€ of any investigation, claim, demand, lawsuit or other action by any governmmtal or rsgulatory agc[cy or private parry involving thc Properry and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any govemmental or regularory authority, $at any removal or othcr rcmediation of any Hazardous Substance aff,ecting the Properry is ncccssary, Borrower shall promptly take all neccssary remedial actions in accordance with Environrnenlal l-aw. As used in this paragraph 20, "Hazardous Substanccs" are those substanccs defined as toxic or hazardous substances by Environrnental L:w and the following substances: gasoline, kerosene, cnher flammable or toxic petrolanm products, toxic pesticides and herbiriCx, vclaiile solveris, naterials contaiiiiag asbesios or forrr,aldehyde, anC radioactive rnaicriais. As used in thi.s paragraph 20, 'Environmental Law' rneans federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmcntal protection. NON-UNIFORM COVENANTS. Borrower and Lrnder further covenant aod agree as follows: 2I. Acceleration; Renredirs. Lender shall give notice to Borrower prior to acceleration followlng Bormwer's breach of any oyenant or ngrealent in thls Security Instmmerrt (but not prior to acceleration under paragraph 17 unless applicable law provides othenuise). The notice shall specify: (a) the ddault; O) the actlon required to cure the default; (c) a date, not less than 30 days from the date the notice Is given to Borrower, by which the delault must be curtd; and (d) that faiture to cure the defauh on or before the date specified in lhe nodce may result in acceleratiou of tbe sums securod by this Security Iretrument and sale of the Property. The notice shall further lnform Bomower of the rlght to reinstste alter asceleration and the rlght to assert in the foreclmtre procecding the non-existeme of a default or any other defense of Borower to occderation and sale. If the default is not cured on or bdore the date specified in the notice, Lender, at its option, may require immediate paymeat ln fuII of all sums secured by rhk Security Instrurnent wlthout further dernand and ma5,r invoke the power of sale and ary other rerredies permitted by apfllcable law. Lender shsll bc entltled to collett all expenses lncurred in pursulng the reuedies provided ln this peragnph 21, including, but not limitcd to. rcasoneble attorneys' fets and costs oftitle evidence.' If Lender inyokes- the power of sale, Lender shall give written notlce to Tnrstee of the (rcErurence of an event of default and of Lender's clectlon to cauge the koperty to be sold. Lender shsll mail a ctpy of the notice to Borrower as provided tn paragraph 14. Trustee shall rccord a copy of the notice in the county in which the hoperty is located. Trustee shall publish a notice of sale for the time and ln the manner provided by applicable law and shall meil copies of !lf-Ugiqlgl*lg^iI'-,t}".JU3gng,.+.SgTibgf,.9/.-t$Plioble law to Borrower anq 19 tt't 4hgr f5g:! PIT11!3! by Form 3OQ6l1/Q\ @.onlcol,ruo, Pagesor. ,"*,/A "Qr\ l][ltilU fusoonr ;';;'6 t-sr.oo D o'oo GRRFIELD couNTY cuLLr^Ultlll,|.|!!u!'Urt!!lI!,ilL[,l,U lCheck applicablc box(es)l n e-ojusrable Rate Rider f---l craduated PaYrnent Rider [--l B*loon Rider [-J ve Ridet il;l;fi lJ",.ff ;f ["rd};,lff.ffirtfi'.3#;*l*, in bne or more Parrcels I public announcffient ; tdil-; ""4 pnt" of any previorsly schedt ffiry1*Ulmt";,,.r* to rhe purchaserrrrsree,s cerrrricatedescriT*#?lyffi#:!i*,"rl* 3'ff.1*'# #HtLffi tri*,,t6ryry,*x"mr:,!f ,'"'"3.lfif,ffi:'i##Htrffi il'ffi #H'J6 but not limitcd to, "o"on"-ur[Thr"te''. and attorneys' fees; (b) to dl ffi "i;*$s;rtffiX *Trtrffif;'tr:'l'fi*i,"SJi|t1o', **q1q rnstrunenr. rrnder sharr request that rrustee Ptsi,$; Securiw rnstrumenr -j"r?iffi;;ail"ffffiJa"i,t'"rffiii+.}i;;;'iliol""i"g o'uis sccured bv this se rnsrrumenr. Trusree rr,jrr'fi.ri"";;#ilry-i*i*rirt withour #1h;;-i;q;irv or tiauitiry' Borrower shall pav anv ;;;d;ti;" costs and thc scatutory Tntstee's fees' 23. l4raiver of ffomeste.A."Borro*", waives all ri8ht of homestead exemption in the Property' 24. Riders to this security Instrummt, Ii onc ur more ridcrs are executed by Bonorper and recorded together with this secrrrity Instrument, the oovenants and "gr..-crrt" ,].*r, s,ch rider $ball be incorporated into and shall amend and supplemcnt the covenants and agrcements of this secirity tnsrru*ent as if the rider(s) werB a part of this sccurity Instrument' EEEtl Condominium Rider Planned Unit DcveloPment Rider Rarc ImProvement Rider Orhcr(s) [speci&] STATE OF COLORADO' The foregoing iostrument was acknowledgcd before me this 1999 , by coxenovrrroe ANDDoNNAu MEADetrusBAr"DANDwfE Witncss mY hand and offtcial scal' My Commission ExPires: P' fi -frol. 's @;6Hlc0l rssosr yr.s-o8tio (Gl/99) i 041-t37147-9 /6{' County ss: day of ..-.1, L / ( '..-- .'\'' rl -.j Noary Public Df+FarnilYRidcrl-l aiweeuY PaYment Rider l-l Soooo Home Rider BYslGNlNGBEl.ow,BorroweracqtsandagreestothetermsandcovenantscontainedinthisSecurity Insrrument and in anf rioer{s) exrcutod by Bonower urd recorded wilh it' Witnesscs: CONARD MEADE (Ser:1 (Serl) -Borrowcr -Bormwer Psgr 6 ol 6 Form 3006 1191 \.o.=-*\\ttoNo - ,""' DONNA M' FIEADE -Boroscr ,dp,oL Legal Description Section 7-T6-R9l Sub: H&B l\{inor Lot : 0 BK: 0582 PG: 0901 BK: 1490 PG:733 ptrr-DT- 6?t?l r R[a. 1 trs r)(l. ALAp.trcrrT. \a4)a9 Rr. nq6s pG. ns6n RK. no?? r)G. 0267 BK:0788 PG: 0932 BK: 076: PG: 078 I ifl. ' liqi.r I ,r.\:D ao8r \ I PROPERTY PROFILE Account: Tax Year: Parcel: Mill Levy: R023292 2004 218107302005 56.575000 Account Type: Version: Area ID: APR District: Status: 20040407000 023 AEstimatedTax: 1,381.56 " This Mill Levy is from the most recent tax roll Taxable LLOYD, KING & PAMELA M. 323 MID VALLEY DR NEW CASTLE, CO 81647-9657 3 MID VALLEY DR tLT, CO 81652 200,000 106,760 306,760 15,920 8,500 24,420 0 0 5.940 lllf yr vv9aar9l.w 24,420 200,000 106,760 306,760 15,920 8,500 24,420 0 0 5.940 lmprovements Total 24,420 Gadield Gounty ASSeSSmenr InTormauon ACtual Assessed ,TWN,RNG:7-6-91 SUB:H.& B. MINOR LOT:0 DESC: ;EL 7-A BK:0528 PG:0319 BK:0528 PG:0328 BK:0539 BK:0651 PG:0618 BK:0671 PG:0506 SQUARE FEET Yeat: 2,0i,4,4 Total YCar: 2003 Land Account:R023248 TaxYear: 2004 Parcel: Mill Levy: Estimated Tax: 1,060.22 * This Mill Levy is from the most recent Name.and,AddrbsS lnforfiatidh 'r : I .',. . : [ooos22 MtD vALLEY DR PROPERTY PROFILE Account TyPe: Version: Area lD: APR District: Status: tax roll Legal Description SECT,TWN,RNG:7-6-91 DESC: H & B MINOR LOT:7-F BK:0586 PG:0525 BK:1539 PG:551 RECPT:64111'1 BK:'1128 PG:599 RECPT:545184 BK:1 128 PG:598 RECPT:545183 BK:0714 PG:0877 20041 1 21 000 023 A 6.210 6.210 Taxable 218107302004 56.575000 lmprovernents Exempt Total 145,000 90,450 235,450 145,000 90,450 235,450 11,540 7,200 18,740 11,540 7,200 18,740 18,740 18,740 BOSWORTH, STACY D & MARK A 322 MID VALLEY DRIVE NEW CASTLE, CO 81647-9656 Garfield County Actual ,AsSeSsed SQUARE FEET Land 0 0 Total Land 0 0 Account: Tax Year: Parcel: Mill Levy: Estimated Tax: R02361 1 2004 802316407000 56.575000 14.71 * This Mill Levy is from the most recent tax roll PROPERTY PROFILE Account Type: Version: Area lD: APR District: Status: 20040407000 023 A SECT,TWN,RNG:7-6-91 DESC: 114 OlL, GAS, MIN/RTS 6-91 SEC.7 PT LOTS 6,9,10, DESC: NESW, SEC. 18 LOTS 1,2,3, NENW, 6-92 SEC. 12PT OF DESC: LOT 7 & S1/2SE & SESW, SEC 13 E1l2E1l2& PT OF NENW DESC: & OF W1/2NE SEVERED MINERALS, CO ROBINSON, HOWARD PO BOX 1185 FLE, CO 81650-1 185 900 0 900 260 0 260 0 0 130.000 260 [ax Year: 2003 900 0 900 260 0 260 0 0 130.000 260 Garfield Gounty Name and Address lnformation ASSeSSmenr InTOrmaUon Assessed SQUARE FEET Taxable axYear:2004 Land Total Land lotal PROPERTY PROFILE Account: Tax Year: Parcel: Mill Levy: Estimated Tax: R023583 2004 802314107000 56.575000 5.09 Account Type: Version: Area lD: APR District: Status: 20040407000 023 A " This Mill Levy is from the most recent tax roll MONTOVER, LENO B. 1914 COUNry ROAD 31 1 NEW CASTLE, CO 81647-9614 LOT 5, PT OF LOTS 6,9 DESC: 10, NESW, 6-92 SEC. 12 LOTS 5,6, PT OF LOTS 7,8, DESC: SESW, S1/2SE BK:0195 PG:0495 BK:0443 PG:0516 SEVERED MINERALS, CO I _l 310 0 310 0 0 90 0 45.000 90 90 310 0 310 0 0 90 0 45.000 9090 Garfield Gounty Actual 'Assessed SQUARE FEET Taxable ,TWN,RNG:7-6-91 DESC: 1/4 MIN/RTS ONLY 6-91 SEC. 7 Year: 2004 Land Tdtal Year: 2003 Land Total PROPERTY PROFILE Account:R023582 TaxYear: 2004 Parcel: Mill Levy: 802314007000 56.575000 Account Type: Version: Area lD: APR District: Status: 200401 1 9000 023 AEstimated Tax: 5.09 * This Mill Levy is from the most recent tax roll Name and Address lnformation Legal Descri SECT,TWN,RNG:7-6-91 DESC: 1/4 MINiRTS ONLY 6-91 SEC. 7 LOT 5, PT OF LOTS 6,9 DESC: 10, NESW, 6-92 SEC. 12 LOTS 5,6, PT OF LOTS 7,8, DESC: SESW, S1/2SE BK:0443 PG:0516 BK:0195 PG:0495 BK:1555 PG:1 15 RECPT:644737 BK:1 555 PG:1 13 RECPT:644736 BK:'1555 PG:1 1 1 RECPT:644735 BK:1 510 PG:574 RECPT:634950 Prope$51 Location Ir-vlrr ttc le o eox rs+r GLENWOOD SPRINGS, CO 81602 MINERALS, CO 310 0 310 0 0 90 0 45.000 90 90 310 0 310 0 0 90 0 45.000 90 90 Garfield County ASSeSSmenI I nlormafton Actual SQUARE FEET Taxable Y6ar:,2004',. Land,, Tokl Year: 2003 Land Total PROPERTY PROFILE Account: Tax Year: Parcel: Mill Levy: Estimated Tax: R023576 2004 80231 3407000 56.575000 30.55 Account Type: Version: Area lD: APR District: Status: 20040407000 023 A * This Mill Levy is from the most recent tax roll LETEY, BEULAH M 1/4,ARBANEY, FRANK E 118 , ELMER (BUCKEY) 1/8 2585 MIDLAND AVE GLENWOOD SPGS, CO 81601-4066 ILOTS 5,9,10,51/26, DESC: NESW, SEC 18 LOTS 1,2,3, NENW, I lo-02 src 12 Lors 5, DESC: 6, s1/2sE, pr oF Lors 2,8, i liiey_.:g, i-s^e-trietr2, DESC: pr oF w1/2NE BK:0246 IIPG:0502 BK:0466 PG:0270 BK:0465 PG:0032 BK:0830 PG:0003ll SEVERED MINERALS, CO 1,860 0 1,860 540 0 540 0 0 270.000 '+ = Exeiiiii{r,1: r.:r. 540 t 1,860 0 1,860 540 0 540 0 0 270.000 , Total '..540 Garfield Gounty Namd and address lnformation ,' L"gal Description ASSeSSmenr I nrormaflon Actual Assessed ax Year: 2004 Land Total' : ' ai Year: 2003 Land PROPERTY PROFILE Account:R023573 TaxYear: 2004 Parcel: Mill Levy: Estimated Tax: 10.18 Status: A " This Mill Levy is from the most recent tax roll Name and Address lnformation Legal Description 8023131 07000 56.575000 Account Type: Version: Area lD: APR District: 20040407000 023 JOWELL, RICHARD MEL & MARIE E. 555 NORTH 4TH STREET srLT, co 81652 I I Pr6pGrtv,LoCation l.=u=*.o MTNERALS, co l lsLOTS 5,9,10,S1/26, NESW DESC:SEC. 18 LOTS 1,2,3,NENW, 6-92 SEC. 12 LOTS 5,6, DESC: 51/2SE, PT OF LOTS 7,8, SESW, SEC. 13 E1l2E112, DESC: PT OF W1/2NE BK:0381 PG:0192 __l I Assnsmcnilnf ormation---- lax Year: 2004 620 0 620 620 0 620 180 0 180 180 0 180 0 0 90.000 90.000 Improvements Exempt Total, ', Garfield Gounty Actual, ,Assessed SQUARE FEET Taxable Land Eotai l-and 0 0 I PROPERTY PROFILE Account: Tax Year: Parcel: Mill Levy: Estimated Tax: R230950 2004 802328707000 56.575000 .57 Account Type: Version: Area lD: APR District: Status: 20040407000 023 A * This Mill Levy is from the most recent tax roll HAYCOCK, CLIFFORD E. & BARNES, WILLIAM A. PO BOX 2298 GLENWOOD SPGS, CO 81602-2298 Actual SECT,TWN,RNG:7-6-91 DESC: PARCEL 7-D H&B MINOR SUB. BK:0887 PG:0833 SURFACE 2181-073-02-002 (023246) NEW CASTLE, CO 81647 6.1400 0 10 0 40 0 40 1010Total Tax Year: 2003 6.140 lmprovements 10 0 40 0 0 0 40 10 10 Garfield Gounty Pro-perfy l-ocation ASSeSSmenI InTOrmauon SQUARE FEET Taxable Year: 20A4 Land Total Estimated Tax: 1 ,190.90 " This Mill Levy is from the most recent tax roll Name and Address lnformation Legal Description HARRIS, LORIJ ,1077 COUNry ROAD 335 NEW CASTLE, CO 81647-9638 Account: Tax Year: Parcel: Mill Levy: R023246 2004 218107302002 56.575000 Account Type: Version: Area lD: APR District: Status: PROPERTY PROFILE 20041030000 023 A SECT,TWN,RNG:7-6-91 SUB:H.& B. MINOR LOT:0 DESC: PARCEL 7-D BK:0539 PG:0754 BK:0528 PG:0328 BK:0528 PG:0319 BK:1530 PG:389 RECPT:638894 BK:1323 PG:3 RECPT:596'138 BK:1323 PG:3 RECPT:596137 BK:1323 PG:2 RECPT:596136 BK:0893 PG:0440 BK:0887 PG:0833 BK:0691 IPG:0476 l 077 33SCOUNWRD srLT, co 81652 Tax Year: 2OO4 165,000 99,440 264,440 13,130 7,920 21,050 0 0 6.'140 21,050 r Year: 2003 i 165,000 99,440 264,440 13,130 7,920 21,050 0 0 6.140 21,050 Garfield Gounty Property Location Actual Assessed SQUARE.F'EET Taxable Land Total Land ,, , Total PROPERTY PROFILE Account: Tax Year: Parcel: Mill Levy: Estimated Tax: R023291 2004 218107302006 56.575000 1,848.87 Account Type: Version: Area ID: APR District: Status: 20040407000 023 A * This Mill Levy is from the most recent tax roll DUBOIS, WILLIAM H. & DONNA M. MID VALLEY DR NEW CASTLE, CO 81647-9657 Legal Description SECT,TWN,RNG:7-6-9'| DESC:A TR lN LOTS 5 & 9 SUB:H.& B. MINOR LOT:0 DESC: PARCEL 7-B SUB:H.& B. MINOR LOT:7-B DESC: AKA BK:0588 PG:0322 BK'.0737 PG:0906 BK:0758 PG:0075 BK:0758 PG:0077 BK:0842 PG:0375 BK:0842 PG:0378 FEts I Taxable OOO4O5 MID VALLEY DR srLT, co 81652 Tax Year:2004 200,000 210,540 410,540 15,920 16,760 32,690 0 0 5.900 32,680 200,000 210,540 410,540 15,920 16,760 32,680 0 0 5.900 32,680 Garfield Gounty Property Location ASSeSSmenr lntormauon Actual, Total Year:2003 Land Total PROPERTY PROFILE " This Mill Levy is from the most recent tax roll DUBOIS, WILLIAM H SR & DONNA M Account: Tax Year: Parcel: Mill Levy: Estimated Tax: O4O5 MID VALLEY DRIVE NEW CASTLE, CO 81647 R023249 2004 218107302001 56.575000 1,213.53 Account Type: Version: Area lD: APR District: Status: 20040407000 023 A ____l SECT,TWN,RNG:7-6-91 SUB:H.& B. MINOR LOT:7-C DESC: SUB-DlV EXEMPTION BK:0539 PG:0754 BK:0528 PG:0319 BK:0528 PG:0328 BK:0588 PG:0323 BK:0737 PG:0909 BK:0762 PG:0359 BK:1137 PG:276-277 BK:1138 PG:152 Taxable 000456 MIDVALLEY DR slLT, co 81652 ' l-and , 'l',200,000 69,500 269,500 15,920 5,530 21,450 0 0 5.920 21,450 'ax Year: 2003 200,000 69,500 269,500 15,920 5,530 21,450 0 0 5.920 21,450 Garfield Gounty Propertlr.tocation ASSeSSmenI I nTOrmaItOn Abtual AsSessed SQCIARE FEET axYear:2004. Total l-and Total Form Nr> GWS.25 APPLICANT COLOR.ADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 WELL PERMIT NUMBER 60788 DIV. 5 WD 45 DES. BASIN OFFICE OF THE STATE ENGINEER Lot 7E Block: Filing Subdiv: DONNA M MEADE 0245 COUNTY ROAD 335 NEWCASTLE, CO 81647- (970) 876-2691 H & B MINOR APPROVED WELL LOCATION GARFIELD COUNTY NW 114 SW 114 Section 7 Township 6 S Range 91 W Sixth P.M. DISTANCES FROM SECTION LINES 1485 Ft. from South Section Line 495 Ft. from West Section Line UTM COORDINATES Northing: Easting:E/EXPANSTON OF USE OF AN EXISTING WEIiL 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 lnstallation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construclion of a well, appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, 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 Distric{ for the release of replacement water from Ruedi Reservoir is in effer or under an approved plan for augmentation. WDWCD contract #04021gDM(a). 4) Approved as a well on a residential site of 6.26 acre(s) described as lot 7E, H & B Minor SuMivision, further identified as 0245 County Road 335, Garfield County. 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 inigation of not more than '12,000 square feet (0.275 ol an acre) of home gardens and lawns, the watering of five (5) domestic animals, and fire protection. All use of this well will be curtailed unless the water allotment contracl or a plan for augmentation is in effect. This well is known as Mead Well. 6) Approved for the use of an existing well constructed August 29, 1 983 to a depth 82 feet under permit no. 122403 (canceled). lssuance of this permit hereby cancels permit no- 122403. 7) The pumping rate of this well shall not exceed 15 GPM. 8) The average annual amount of ground water to be appropriated shall not exceed (1.49) acre-foot (485,516 gallons). 9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 10) This well shall be located not more than 200 feet from the location specified on this permit. 11) 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 for the location as stated above. The location as stated on the application was found to be inconecl.. You are hereby notified that you have the right to appeal the issuance of this permit, by filing a written request with this office within sixty (50) days of the date of issuance, pursuant to the State Administrative Procedures Act. (See Section 244-104 through 106, C.R.S NOTE: Parcel ldentification Number(PlN): 2181-073-02-003 NOTE: Assessor Tax Schedule Number: R023247 ,1 ,.t ., , /,(AC- e/ r1o/ .F Form No. GWS-25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3s81 WELL PERMIT NUMBER 60788 -r DIV. 5 WD 45 DES. BASIN MD DONNA M MEADE 0245 COUNry ROAD 33s NEWCASTLE, CO 81647- (970) 876-2691 OF USE OF Filing: Subdiv: H& B MINOR APPROVED WELL LOCATION GARFIELD COUNTYNW 114 SW 114 Section 7 Township 6 S Range 91 W Sixth P.M. DISTANCES FROM SECTION LINES 1485 Ft. from South Section Line 495 Ft. from West Section Line UTM COORDINATES Northing: Easting: 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 ac{ion. 2) The construclion 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 lnstallation 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, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated only when the West Divile Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effec{, and when a water allotment contraci between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effe, or under an approved plan for augmentation. WDWCD contract #04021gDM(a). 4) Approved as a well on a residential site of 6.26 acre(s) described as lot 7E, H & B Minor Subdivision, further identified as 0245 County Road 335, Garfield County. 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 '12,000 square feet (0.275 of an acre) of home gardens and lawns, the watering of five (5) domestic animals, and fire proteciion. All use of this well will be curtailed unless the water allotment contrad or a plan for augmentation is in effect. This well is known as Mead Well. 6) Approved for the use of an existing well constructed August 29, 1983 to a depth 82 feet under permit no. 1224Q3 (canec.led). lssuance of thi: permit hereby cancels permit no. 122403. 7) The pumping rate of this well shall not exceed 15 GPM. 8) The average annual amount of ground water to be appropriated shall not exceed (1.49) acre-foot (485,516 gallons). 9) 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 ma*ings. 10) This well shall be located not more than 200 feet from the location specified on this permit. 11) 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 for the location as stated above. The location as stated on the application was found to be incorrect.. You are hereby notified that you have the right to appeal the issuance of this permit, by filing a written request with this office within sixty (60) days of the date of issuance, pursuant to the State Administrative Procedures Act. (See Section 244-10d through 106, C.R.: NOTE: Parcel ldentification Number (PlN): 2181-073-02{03 NOTE: AssessorTax Schedute Number: R023247 .r"#C_ U/rftf Lot: Form No. GWS-2 3t2003 NON-EXEMPT STATE OF COLORADO DIVISION OF WATER RESOURCES OFFICE OF THE STATE ENGINEER 821 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 Fax (303) 866-358e WELL PERMIT INFORMATION, PERMITS APPROVED PURSUANT TO CRS 37-90.137(2') Carefulty read the conditions of approval on your well permit. The conditions and the information on this information sheet must be eomplied with in order for the permit to remain valid. THE ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT The well permit is located in the upper right corner of the permit, and the expiration date is located in the lower right corner. THE WELL PERMIT EXPIRATION DATE IS ONE YEAR FROM THE DATE ISSUED. EV|dENCE Of thE USE must be received in the form of a Statement of Beneficial Use (Form No. GWS-10) PRIOR TO THE EXPIR.ATION DATE OF THE PERMIT. The well must be constructed, the pump installed and waterfrom the well must Ue used for the approved purposes prior to the expiration date of the permit. There are penalties if the evidence of use (Statement of Beneficial Use) is not received prior to the expiration date. The well owner is respgnsible for the Statement of Beneficial Use completion and submittal to the Division of Water Resources. The expiration date of the permit may be extended for a maximum time of one year at the discretion of the State Engineer for good cause shown. lf an extension of time is necessarv to construct and put water from the well to use. the owner must file a written reouest for the extension. alono with a $200 filinq fee. The request and The request must state why the well has not been completed, must include an estimate of time required to complete the well, and put the water to beneficialuse Water well and pump installation contractors are licensed in Colorado to perform these specialized tasks. It is illegal for contractors who do not hold these licenses to construct wells and install pumping equipment in or on wells. The well must be constructed and the pump installed by contractors with current license(s) issued by the State of Golorado unless exempted as described on the reverse side. Additional information regarding well construction, pump installation, required testing and well plugging and sealing regulations are found on the reverse side of this sheet. You have been provided with at least two copies of the well permit. Keep a copy for your records. There is also a copy for the pump installation contractor. Copies have been sent to the driller if you indicated a driller license number on the application, or two additional copies have been enclosed. You may make additional copies for the well construction contractor if you select one different from the one indicated in your application. The original permit is on file in our Denver office Records Section. Copies may be obtained for a fee of 50 cents per page. Statutes require that any change of mailing address or ownership be reported to the State Engineer. Form number GWS-11 is used to report ownership changes and cunent owners to report address changes. lf you have questions, contact the Denver Office, or the Division Office in the area where your well is located. Division 1 810 9m St.2d Floor Greoley, CO 80631 (e7q3s2-8712 Fax (970) 391-1816 Division 2 310 E. Abriendo Ave Ste B Pueblo, CO 81004 (719) 542-3368 Fax (719) 544-0800 Division 3 4224,| St Alamosa, CO 81101 ole) 58$6683 Fax (719) 58$6685 Division 4 1871 East Main St. Montrose, CO 81402 (s7o)249-ffi22 Fax (970) 24*8728 Divisbn 5 Dired mail to Box 396 Gbn*ood Spgs CO 81602 50633 U.S. l-h,ry 6 & 24 Gbnwood Spgs., CO 8160'l ,o7n\ o/ (_EAA< Division 6 Drect mail to 8ox 77345O 505 Anglers Dr. Suite 101 Steamboat Spgs, CO SO|Z (970\ 879-0272 F.Y /q70l R7q-ln7O DMsion 7 701 Camino Del Rir Ste. 205 Durango, CO 81301 (97O)247-18/.5 Denver ffice 13'13 Shennan St. Rm. 818 Denver, CO 80203 (303) 86e3581 Fax (303) 86&3589 Form No. GWS-10 6/00 Thc larvl lrrlnalorJ (Watered) by Water fipm lhlc u.^;1 1t tr Acres Square feet, described as: Subdivision Lot(s) -.- Block - Filing/unit w"|t"",.r"t*t"d by E.|ou r$\ q\ r\) Purnpinsraled uv'- -' r r=l;E S\ D ucense i.- r ucense 1{". gq qc or Office Use OnlY Narne. address and phone of the well owner: NAME(S) Drr xr xr F\ Yr-i , fi\ t: Fi ol E MaitingAddress Cr :-r S q ti,'J \\, !'Y p"c\ 33 Si City, St. Zip Owner's Well Designation ctl,:- (clty )(State) N-U)rru orureSh)tr+, s"". -)-, rre.h-fl **8s., Ranseg,L[ e.or K w.. b p.u. pistance&msectionLines l..lts 'Ft. From n *. orXr., .L{9 5.Ft. Fromne.o, Rlw. uin". Subdivision Name Block STATE OF COLORADO OFFTCE OF THE STATE ENGINEER 818 Centennial Bldg., 1313 Sherman St., Denver, CO 80203 (303) 866-3581 Fax (303) 86e3589 STATEMENT OF BENEFICIAL USE lnsert the Well Permit Number (ailt I t ?, [: The wel ls bdng used for the folkrwirB purpose(s): iL,,rp- \\',ir,q "f. t I iic(-rj---y ?\ i Aini JU,< lrY\rr tc Water frorn lhe well was lirst used beneftcially under this permit number, for the abole described purposes on 3 - I - &Cf)Ll ' (Do not nport a date of trce bebre the issed date of thb pennf-) The pumping rate daimed is gallons per minute, (Fromthe Punp lrEta[aton and Test Report.) The average annual amount of water diverted is I (we) clairn and say that I (we) are ihe owne(s) of lhe well described above, know the contents of the statements made herein, and stiate that they are true to my (our) knowledge. of the owner.ptease print tne Signe/s Name & Title Co N., rr: q rh, m 6 AdE For Ofhce Use Only -a Send to:Division of Water Resources 1313 Sherman Stree! Room 818 Denver, Colorado 80203 Fax: 303-86G3589 Phone: 303-86G3581 ;ft owNER,s NorrcE oF .'NSTRUCTEp *ELL ;tr (day).(re*,;': Date: on well completed (year contractor).r.) If the p-fmping equipmept has lreen installed......... .rl-':.. * .., .t? Signe d: .''. Comments: Form No GWS-25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DTVISION OF WATER RESOURCESgtg Centinnial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 EXST 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. Z) 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 Construc{ion and Pump lnstallation Contraclors in accordance with Rule 18. 3) Approved pursuant to CRS 37-go-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, as an- alternate point of diversion to the Avalanche Canal and Siphon, 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 contracl belween the well owner and the West Divide Water bonservancy District for the release of replacement water from Ruedi Reservoir is in effer or under an approved plan for augmentation t\lf}lA,CD contract #04021gDM(a). 4) Approved as a wgll on a residontial site of 6.26 acre(s) described as lot 7E, H & B Minor Subdivision, further identified as 0245 County Road 335, Garfield County. 5) The use of ground water from this well is limated to ordinary household purposes inside one (1) single family drrelling and one (1) accesory dwelling unit, ttte inBation of not more than 12,000 square feet (0.275 of an acre) of home gardens and lalvns, the ratQring of five (5) dofllestb animetrB, and ftre protoction. All use of this well will be curtailed unless the water alloiment contract or a plan for augmentation is in effect. Thbwell b knun as Mead Well. 6) Approved for the use of an existing well constructed August 29, 1 983 to a depth 82 feet under permit no. 122403 (canceled). lssuance of this permit hereby cancels permit no. 122403. 7) The pumping rate of this well shall not exceed 15 GPM. S) The average annual amount of ground water to be appropriated shall not exceed (1.49) acre-foot (485,516 gallons) g) 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. j O) Thrs well shall be located not more than 200 feet from the location specified on this permit. 11) 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 for the location as stated above. The location as stated on the application was found to be incorrecl.. you are hereby notified that you have the right to appeal the issuance of this permit, by filing a written request with this office within sixty (60) days of the date of issuance, pursuant to the State Administrative Procedures Acl. (See Seclion 244-104. through 106' C.R.S NOTE: Parcel ldentification Number (PlN): 2181-073'02-003 NOTE: Assessor Tax Schedule Number: R023247 .r46C- DONNA M MEADE 0245 COUNTY ROAD 335 NEWCASTLE, CO 81647- WELL PERMIT NUMBER DIV. 5 WD 45 Lot: 7E Block: Filing: Subdiv: H & B MINOR DES. BASIN MD APPROVED WELL LOCATION GARFIELD COUNTY NW 114 SW 114 Section 7 Township 6 S Range 91 W Sixth P.M. DISTANCES FROM SECTION LINES 1485 Ft. from South Section Line 495 Ft. from West Section Line UTM COORDINATES ?/,1r/ Form No GWS-25 APPLICANT OFFICE OF THE STATE ENGINEER cor-onnDo DlvlsloN -oF WATE-B-BESOU RC ES did-ciniIni, ua-t Bii-g i t 3 1 3 s herm a n st., De nve r, co lorado 80203 (303) 866-3581 WELL PERMIT NUMBER DIV. 5 WD 45 Lot: 7E Block: Filing: Subdiv: H & B MINOR 60788 --E--- DES. BASIN MD APPROVED WELL LOCATION GARFIELD COUNTY NW 114 SW 114 Section 7 Township 6 S Range 91 W Sixth P.M' DONNA M MEADE 0245 COUNTY ROAD 335 NEWCASTLE, CO 81647- (970) 876-2691 DISTANCES FROM SECTION LINES 1485 Ft. from South 495 Ft. from West UTM COORDINATES Northing: Section Line Section Line Easting:NG ISSUANCE OF THIS PERMIT DOES NOT CONFER AWATER 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 wilr occur to another vested water right or precrude another o*n", oia vested water right from seeking relief in a civil court action' 2l rheconstructionof thiswell shall beincompliancewiththewaterwell constructionRules2 CCR402'2'unlessapproval of avariancehas been granted by the State Board of Examiners of water well construction and Pump lnstallation contractors in accordance with Rule 18' 3) Approved pursuant to cRS 37-gO-137(2) for the construction of a well, appropriating ground water tributary to the colorado River, as an alternate point of diversion to the Avalanche canal and siphon, on the condiiion ttrat ine well shall be operated only when the west Divide Water Conservancy Districts substitute water suppty plan, approved by the State Engineer, is in effect, and when a water allotment contracl belween the well owner and the west Divide waier'conservancy District for the rebise of replacement water from Ruedi Reservoir is in effe' orunderanapprovedplanforaugmentation.wDWcDcontract#04021gDM(a), 4) Approved as a we1 on a residential site of 6.26 acre(s) described as lot 7E, H & B Minor subdivision, further identified as 0245 county Road 335, Garfield County. 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 12,000 squarefeet \0.275 ot an acre) of home gardens and lawns, the watering of five (5) domestic animals, and fire protection. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in efiect. This well is known as Mead Well' 6) Approvedfortheuseof anexistingwell constructedAugust29, lgS3toadepthS2feetunderpermitno. 122403(canceled)' lssuanceof thi: permit hereby cancels permit no. 122403' 7) The pumping rate of this well shall not exceed 15 GPM' g) T1e average annual amount of ground water to be appropriated shall not exceed (1.49) acre-foot (485,516 gallons)' g) 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' iO) Ttris well shall be located not more than 200 feet from the location specified on this permit' 11) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all divercions 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 for the location as stated above. The location as stated on the application was found to be incorrecl.. you are hereby notified that you have the right to appeal the issuance of this permit, by filing a written request wilh this office within sixty (60) days of the date of issuance, pursuantlo the siate Administrative Procedures Acl. (see seciion 244'104 through 106' c'R'l NOTE: Parcel ldentification Number(PlN): 2181-073-02-003 | ruore: Assessor Tax Schedule Number: R023247 .ZUC- U/rlrf Form No. GWS-2 3/2003 NON-EXEMPT STATE OF COLORADO DIVISION OF WATER RESOURCES OFFICE OF THE STATE ENGINEER 821 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 Fax (303) 866-3589 WELL PERMIT INFORMATION, PERMITS APPROVED PURSUANT TO CRS 37-90''137(2) Carefully read the conditions of approvat on your well permit. The conditions and the information on this information sheet must be complied with in order for the permit to remain valid. The well permit is tocated in the upper right comer of the permit, and the expiration date is located in the lower right corner. THE WELL PERMIT EXPIRATION DATE IS ONE YEAR FROM THE DATE ISSUED. EVidENCE Of thE USE must be received in the form of a Statement of Beneficiat Use (Form No. GWS'10) PRIOR To THE iipinnnoN oarE or rnE pennar. The wetl must be constructed, the pump installed and water from the well sespriortotheexpirationdateofthepermit.Therearepenaltiesifthe evidence of use (Statement of Beneficial Use) is not received prior to the expiration date. The well owner is responsiUfe for the Statement of Beneficial Use completion and submittalto the Division of Water Resources' The expiration date of the permit may be extended for a maximum time of one year at the discretion of the State Engineer for good cause shown. lf an extension of time is necessarv to construct and out water from the 6i--r eer orior to.the exoiration date. The request must state why the well has mateoftimerequiredtocompletethewell,andputthewaterto beneficialuse Water wel! and pump installation contractors are licensed in Colorado to perform these specialized tasks. It is illegal foi contractors who do not hotd these licenses to construct wells and install pumping equipment in or on wells. The welt must be constructed and the pump installed by contractors with current license(s) issued by the State of Golorado unless exempted as described on the reverse side. Additional information regarding well construction, pump installation, required testing and well plugging and sealing regulations are found on the reverse side of this sheet. you have been provided with at teast two copies of the wetl permit. Keep a copy for your recordl. There is also a copy foi tne pump installation contractor. Copies have been sent to the driller if you indicated a driller license number on the application, or two additional copies have been enclosed. You may make additional copies for the well construction contractor if you select one different from the one indicated in your application. The original permit is on file in our Denver office Records Section. Copies may be obtained for a fee of 50 cents p", prgl. S'tatutes require that any change of mailing address or ownership be reported to the State Engineer. Form nimuer GWS-11 is used to report ownership changes and cunent owners to report address changes. lf you have questions, contact the Denver Office, or the Division Office in the area where your well is located. Diviskrn 5 Direct mail to Box 396 Glenuood Spgs CO 81602 50633 U.S. FlwY 6 & 24 Glenwood Spgs., CO 81601 ,O7N\ O}{LEAAq DMsion 6 Direci mail to Box 773450 505 Anglers Dr. Suite 101 Steamboat Spgs, CO 80477 (97Ot879.0272 Frv lQTOl R7q-ln7O DMsion 7 701 Camino Del Rio Ste. 205 Durango, CO 8130'l (970)247-1Us Denver ffice 1313 Sherman St. Rm. 8'18 Denver, CO 80203 (303) 86G3s81 Fax (303) 86G3589 Division 4 1871 East Main St. Montrose, CO 81402 (970)249-ffi22 Division 3 422 4c'St Alarnosa, CO 81101 (719) 58$.6683 Fax (719) 5896685 Division 2 310 E. Abriendo Ave Ste B Pueblo, CO 81004 (71e) s2-3368 Division 1 810 tU' st. /d roor Greeley, CO 80631 (970)352-8712 Fax (970) 391-1816 Offrce Use OnlY WELL LOCATIOI* CountY C'A q q, f <;ur.rt Owne/s Well Designation (Addre6s) N-U)raotnesUtr+, s€c. ), rte.h-E *.-8s., Ranse9'Lf e.or Xl w., b P'u' pisrancetrom secrion Ltnes ltlqlS.r Ft. From fI *. o.Xr', L{9 5. rt' rromflE' * XIw' r-in"' SuMivision Name Lot -_-, Block STATE OF COLORADO OFFICE OF THE STATE ENGINEER 818 Centennial Bldg., 1313 Sherman St., Denver' CO 80203 (303) 866-3581 Fax (303) 86S3589 STATEMENT OF BENEFICIAL USE lnsert the Well Permit Number city, sr. zip fL\ C(r:-L \St \ c -Q{ ?, \ (.,, \ J The wel ls belng used for the followirB Purpose(s): I,^.\tLC6$:<,i :ffirstusedbeneficiallyurrderthispermitnurrrber,fortheaboredescribedpurposes,n3.l-&cx The pumPing rate daimed is gallons per minr.ie. (Fromthe Ptnrp lns{allation and Tesi Report') The avererge annual amount of water diverted ls I (we) claim and say that I (we) are the owne(s) of the well dEscribed above, know the contents of the statements made herein, and state that frey are fue to my (our) knowledge. , rowner. Do nr rv q tr\ m 6Hd€ Tha larwl irrlnat*t (Watered) by Water from flrlc u'rall 15 tr Acres Squarefeet, described as: 'f\orr utWdl consbucted bY: 'c.l PumpinstalledbY: --'i1 r t" C q\$ s\., € O i.. b9) -'+;' ucense l'1"' qq q ForOffrce Use ortV NAme, address and phone of the well owner: NAME(S) Drr xi rr; ri Yr-r . \\ t: Fr ol l1 print Division of Water Resources 1313 Sherman Street Room 818 Denver, Colorado 80203 Fax: 303-86G3589 Phone: 303-86G3581 A ;ft' owNER's N,TICE oF ceNSTRucrED *ELL ;ft ,(d{ohth) (day). i .ii i. lL (ye"r) ' Signed: Date: Send to:. was F\F The well *-"Pt-onrtirctea bi: \:\ .. 1r -J -'' r-.."\r completed on , "-,;,' ,."- '--( ;,' contractor),.