HomeMy WebLinkAbout2.0 Staff Report• •
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST:
APPLICANT:
LOCATION:
SITE DATA:
ACCESS:
WATER:
SEWER:
EXISTING ZONING:
BOCC 10/8/01
A request for review of a Special Use Permit to
allow for an Accessory Dwelling Unit in the
N I --Areppmzone district.
Craig and Elisa Schultz
2656 County Road 335, New Castle, CO 81647
Approximately 27 acres
Private drive to the Colorado River Road (CR 335)
Shared well
ISDS
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
According to the Garfield County Comprehensive Plan of 2000, this site lies in the Town
of New Castle's Urban Growth Boundary. It is identified as a site with specific
limitations. There is no suggested density.
II. DESCRIPTION OF THE PROPOSAL
A. Site & Project Description: An existinD type modular house and a detached
garage currently occupies the northwestern portion of the property. The existing
house is served by a driveway to County Road 335 (Colorado River Road). The
applicant proposes to place a 704 square foot second dwelling unit on the
property for an aging relative, or to be used as a possible future rental. The new
dwelling unit would be placed about ten feet southwest of the existing garage.
III. MAJOR ISSUES AND CONCERNS
A. Conditional and Special Uses: Special Uses are subject to the standards set forth
in Section 5.03 of the Zoning Resolution. This section states that utilities
adequate to provide water and sanitation service, street improvements, and design
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of the proposed use to minimize impact through various means shall be provided.
Impacts are generally expected to be minimal due to the large lot size. These
issues are discussed in detail in the body of this report.
B. Zoning:
An accessory dwelling unit is a special use in the A/I zone district pursuant to
Section 3.02.03 of the Zoning Resolution of 1978, as amended. It must meet the
standards set forth in Section 5.03.021, as follows:
(1) The minimum lot size shall be four (4) acres containing a building site with
slopes less than 40% at least two (2) acres in size.
(2) The gross floor area for residential use occupancy shall not exceed 1500 sq. ft.
(3) Approval from the subdivision homeowners association and/or allowed by
covenant if applicable.
(4) Proof of a legally adequate source of water for an additional dwelling unit.
(5) Compliance with the County individual sewage disposal system regulations or
proof of a legal ability to connect to an approved central sewage treatment
facility.
(6) Only leasehold interests in the dwelling units is allowed.
The lot exceeds the minimum lot size standard of 4 acres and the a.d.u. is within
the maximum square footage limitation of 1,500 square feet. No covenants are
applicable to the property. A new domestic well will supply water and a new
Individual Sewage Disposal System (ISDS) will handle wastewater. The
applicant should understand that the a.d.u. may be leased but may not be
conveyed as a separate interest in the future.
C. Access: The proposed access is an existing driveway from CR335. Based on this
information, the proposed access appears to be both legally and physically
adequate.
D. Water: The proposal is for the existing and new dwelling units to share the
existing well. The parent property was previously about 80 acres in size, from
which four (4) parcels exist to date. Historically, three (3) of the parcels have
been covered by a contract for water from West Divide, which was recently
expanded. The application contains a copy of an approved amended contract
from the West Divide Water Conservancy District (court case #83CW267) for
four (4) acre feet of water for use within up to four (4) single family residences,
for watering a total of 18,000 square feet of lawn or garden, and for the non-
commercial watering of up to 15 animals. The legal water rights appear adequate
so long as a copy of an approved well permit is provided.
2 of 4
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The application contains a copy of the results for a 2 hr. well pump test which
was conducted in 1988. The well will need to be re -tested to meet the standard
water quality and quantity requirements.
E. Sewer: Both the primary and accessory dwelling units are/will be served by
individual sewage disposal systems. The applicant shall meet the Colorado
Department of Public Health ISDS standards. No other State and Local health
standards are applicable to the application.
IV. SUGGESTED FINDINGS
1. That proper public notice was provided as required for the hearing before the
Board of County Commissioners.
That the hearing before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that meeting.
3. That for the above stated and other reasons, the proposed special use permit is in
the best interest of the health, safety, morals, convenience, order, prosperity and
welfare of the citizens of Garfield County.
4. That the application is in conformance with the Garfield County Zoning
Resolution of 1978, as amended.
V. RECOMMENDATION
Staff recommends APPROVAL, with the following conditions:
1. That all representations of the applicant, either within the application or stated at
the hearing before the Board of County Commissioners, shall be considered
conditions of approval;
2. That the applicant shall meet all requirements of the Garfield County Zoning
Resolution of 1978, as amended, and shall meet all building code requirements;
That all State and Local health standards be met and that the applicant acquire an
adequate ISDS permit at the building permit stage;
3. That the gross floor area of the accessory dwelling unit shall not exceed 1,500
,x,sJ
square feet; That the accessory dwelling unit shall not be conveyed as a separate
interest but may be leased;
That, prior to issuance of the special use permit, that a copy of an approved well
permit be provided, and the following information be provided:
1. That a four (4) hour pump test be performed on the well to be used for the
accessory dwelling unit; (,l ,e& L qwzioLA. �zll yy� .
2. A well completion report demonstrating the depth of the well, the
characteristics of the aquifer and the static water level; LeM
3. The results of the four (4) hour pump test indicating the pumping rate irk 2 v„
gallons per minute and information showing drawdown and recharge;�p.
4. A written opinion of the person conducting the well test that this well should
be adequate to supply water to a single family residential dwelling unit;
5. An assumption of an average of no less than 3.5 people per dwelling unit,
using 100 gallons of water per person, per day;
6. The water quality be tested by an independent testing laboratory and meet
State guidelines concerning bs ria, dissolved solids, nitrites, and nitrates.
5. That this approval shall be valid until 10/08/02. If the applicant fails to meet these
conditions by 10/08/02, and subsequently the special use permit is never issued, the
approval shall be automatically revoked, unless an extension is granted by the Board
of County Commissioners;
Page 4 of 4
MAR -2-2001 05:05P FROM:BLDGPLANG 9703843470 To:9P 386 P:2'12
Submittal Date:
APPLICATION
Special Use Permit
GARFIELD COUNTY PLANNING DEPARTMENT
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Telephone: 970-945-8212 Facsimile: 970-384-3470
Applicant L ti c,
_
Address of Applicant: -33_s— S(c n Telephone: 9(`-/3S 7
rue Ce.s hlc ' Cc` 81/17
Conditional Use Being Requested: rv, l , p .,-- - ; n - )4
Base Fee: $400.00
K t
Zone District /91 A1-1 i 1) Size of Property: i � 7 cc c
Application Requirements: These itous most be submitted with the application
1.) Plans and specifications for the proposed use including the hours of operation, the amount of
vehicles accessing the site on a daily, weekly and/or monthly basis, and the size of any existing or
proposed structures that will be utilized in conjunction with the proposed use. Please submit this
information in narrative form and be specific.
2.) if you will be using water or will be treating wastewater in conjunction with the proposed use,
please detail the amount of water that would be used and the type of wastewater treatment. If you
will be utilizing well water, please attach a copy of the appropriate well permit and any other
legal water supply information, including a water allotment contract or an approved water
augmentation plan.
3.) A map drawn to scale portraying your property, all structures on the property, and the County or
State roadways within one (1) mile of your property. If you are proposing a new or expanded
access onto a County or State roadway, submit a driveway or highway access permit.
4.) A vicinity map, showing slope of your property, for which a U.S.G.S. 1:24,000 scale quadrangle
map will suffice.
5.) A copy of the appropriate portion of a Garfield County Assessor's Map showing all public and
private landowners adjacent to your property. Include a list of all property owners and their
addresses.
6.) Attach a copy of the deed and a legal description of the property. If you are acting as an agent for
the property owner, you must attach an acknowledgement from the property owner that you may
act in his/her behalf.
7.) For all applications pertaining to airports, the oil and gas industry, power generation and/or
transmission industry, or any other classified industrial operation, you must submit an impact
statement consistent with the requirements of Sections 5.03, paragraphs 1 thru 3; 5.03.07,
inclusive; and 5.03.08, inclusive.
The consideration of this proposed Special Use will require at least one (1) public hearing for which
public notice must be provided. The Planning Department will mail you information concerning this
hearing(s), approximately 30 days prior to the scheduled hearing. You will then be required to notify, by
certified return receipt mail, all adjacent landowners and publish the notice provided by the Planning
Department, in a newspaper of general circulation. Both these notices must be mailed/published at least
15 days prior to the public hearing. The applicant shall bear the cost of mailing and publication and proof
of mailing and publication must be submitted at the time of public hearing.
The information contained within this application is complete and correct, to the best of my knowledge:
s�Applicant: f� � Date: 3 .3
Craig and Lisa Schultz Permit Application
2656 County Road 335
New Castle, CO
Narrative use:
We desire to add on a mother-in-law apartment. Lisa's grandmother is going to be
moving in with us. She is 85 years old. We would plan on having her live here for as
long as possible. In the future we may or may not rent this portion out. Our plan is to
have this additional unit self-contained, including a kitchen, washer/dryer, and full
bathroom. Our desire would be to have the water and sewer hook in to our existing
service. There would be one additional vehicle using our existing driveway for as long
as she is able to drive. The hours of operation would be 24 hours per day. We plan on
building a ramp to code (1:12 pitch) in the event that she would need to be in a
wheelchair.
The addition could be either free standing or utilize existing walls as a common wall.
We currently have a barn/garage separate from the house. We would like to have this
addition situated between the barn and the house. We do not wish to use a barn wall
as a common wall. The front of the addition which would equal 704 square feet would
be set back about 3' from the barn, and about 3' from the existing back door. There
would be a ramp going up to a small deck. The deck would be on the same level as the
existing back door so that access could be obtained without stairs from the house to the
addition. The addition would consist of two rooms. The front room would be a living
room and kitchen. The back room would be a bedroom. There would be one dividing
wall between the two rooms.
The existing house is on a well with a submersible pump and 40 gallon pressure tank.
The well is 65' deep with the pump at 58' and a sustained yield of 14 gpm. The septic
tank is 1000 gal. with a perc rate of one inch in 10 minutes. There are two leach fields.
The original field is 684 sq. feet with drain pipe over gravel. The second leach field
utilizes the Infiltrator pipes and is 216 square feet. The two leach fields work
simultaneously.
Yl U 66.aGvl - •
—CG�v
Craig Schultz
2656 County Road 335
New Castle, CO 81647
984-3574
RECE1`w'�:�
AUG 1 5 2001
Narrative for proposed change to site plan for accessory dwelling
In the original site plan, we showed the accessory dwelling placed between the existing
home and existing barn and utilizing the sewer lines from the home. In the original
proposal we would have needed to upsize the existing septic tank and leach field.
We would like to move the accessory dwelling about 25 feet to the south, giving more
room between the existing dwellings and installing a new septic tank and leach field to
the east. The septic tank and the leach field would be within appropriate set backs. This
was necessary because of unforeseen elevation problems connecting to the existing sewer
line.
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GARFIELD COUNTY BUILDING AND SANITATION DEPARTMENT
109 8th Street Suite 303
Glenwood Springs, Colorado 81601
Phone (303) 945-8212
INDIVIDUAL SEWAGE DISPOSAL PERMIT
This does not constitute
a building or use permit.
Owner
System Location
Licensed Installer
" Conditional Construction approval is hereby granted for a / 0(7 d gallon
Septic Tank or Aerated treatment unit.
Absorption area (or dispersal area) computed as follows:
Perc rate of one inch in /C2 minutes requires a minimum of 2-2-8 sq ft of absorption areaperbedroom.
Therefore the no. of
bedrooms7 x 2-2-8 sq ft minimum requirement = a total of � 671111qlq ft of absorption area.
May we suggest: F i� X S 7 X ?deep Of— fa, X 38 3 `Weep 0J- �4- 29 k 3"c/ee p
Date e5/9/ g b Inspector 6I6/`��A�/�
l
FINAL APPROVAL OF SYSTEM:
No system shall be deemed to be in compliance with the Sewage Disposal Laws until the assembled system is approved prior to cover-
ing any part.
Septic Tank access for inspection and cleaning within 12" of ground surface or aerated access ports above ground
surface.
e7/. Proper materials and assembly.
Trade name of septic tank or aerated treatment unit. /-000)ca/ 6;iCivti tFe'¢"�
Adequate absorption (or dispersal) area. Z* jX L fels 144- l
Adequate compliance with permit requirements.
® \ Adequate cornpliance with County and State regulations/requirements.
Other
Date 6/7y// g Inspector
RETAIN WITH RECEIPT RECORDS AT NSTRUCTION SITE
*CONDITIONS:
1. All installation must comply with all requirements of the Colorado State Board of Health Individual Sewage Disposal Systems
Chapter 25, Article 10 C.R.S. 1973, Revised 1984.
2. This permit is valid only for connection to structures which have fully complied with County zoning and building
requirements. Connection to or use with any dwelling or structures not approved by the Building and Zoning office shall
automatically be a violation of a requirement of the permit and cause for both legal action and revocation of the permit.
3. Any person who constructs, alters, or installs an individual sewage disposal system in a manner which involves a knowing
and material variation from the terms or specifications contained in the application of permit commits a Class I, Petty Offense
($500.00 fine — 6 months in jail or both.).
Applicant: Green Copy Department: Pink Copy
PUMP INSTALLATION REPO.
Pump Make :vy
Type
Powered by
HP
Pump Serial No. 4s� sir
Motor Serial No. / .b
Date Instal lea Q;
Pump Intake Depth $
Remarks
WELL TEST DATA WITH PERMANENT PUMP
Date Tested
Static Water Level Prior to Test
Length of Test Hours
Sustained yield (Metered) GPM
Pumping Water Level -
Remarks
1 1
TOTAL DEPTH
•
•
\
DEPTH TO
4.
t
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w
w
J
LLJ
f,
z
o.
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ia
3 J WATER
y TABLE
F. w
J
CONE OF
DEPRESSION
CONTRACTORS STATEMENT
The undersigned, being duly sworn upon oath, deposes and says that he is the contractor of the well or
pump installation described hereon; that he has read the statement made hereon; knows the content
thereof, and that the same
eiis true of his own kno�dge.
xid
Signature �?��G,/`/
License No //q6.
State of Colorado, County of fk/EL') SS
Subscribed and sworn to betore me this/ day ofJ���1
My Commission expires:
, 19 q,,
Notary Publi '.A' #. AEC. `i to/
FORM TO BE MADE OUT IN QU - DRUPLICATE: WHITE FORM must be an original copy on both sides and signed.
WHITE AND GREEN copies must be filed with the State Engineer. PINK COPY is for the Owner and YELLOW COPY is for the Driller.
NUR -26-77
THIS FORM MUST BE SUBMITTED
WITHIN 60 DAYS OF COMPLETION
OF THE WORK DESCRIBED HERE-
ON. TYPE OR PRINT IN BLACK
INK.
WELL OWNERh'; "s
• •
COLORADO DIVISION OF WATER RESOURCES
1313 Sherman Street - Room 818
Denver, Colorado 80203
WELL COMPLETION AND PUMP INSTALLATION REPORT
PERMIT NUMBER
'/J of the ='• % of Sec C
ADDRESS i ` +' tr�nej t i�, , r n k. r. T. t R. `i. s. (AL' P
DATE COMPLETED
9/20 19i :t
WELL LOG
From
To
Type and Color of Material
Water
Loc.
Use a
TOTAL DEPTH
dditional pages necessary to complete log.
HOLE DIAMETER
in from to ft
in from to ft
in from to ft
DRILLING METHOD
CASING RECORD: Plain Casing
Size & kind
Size & kind
Size & kind
Size & kind
Size & kind
Size & kind
from
from
from
Perforated Casing
from
from
from
to f
to f -
to f -
to fi
to fi
to fi
GROUTING RECORD
Material
Intervals
Placement Method
GRAVEL PACK: Size
Interval
TEST DATA
Date Tested 19
Static Water Level Prior to Test ft
Type of Test Pump
Length of Test
Sustained Yield (Metered)
Final Pumping Water Level
Aug lu zit 11:14a blg ilin
Revised March 2001
APPLICATION TO AMEND WATER LEASE FROM
WEST DIVIDE WATER CONSERVANCY DISTRICT
1. APPLICANT INFORMATION
RECE! �C
5'?U III
3 -U386 P.
2
Contract #820528CS(a)
Map ID #1
Date Activated 1983
•
Name: c• -Y Bch l
Mailing address: j?cj krCci. � 5
e' Lt :�� ) ' Li .7Telephone: 9 ��ti- C1 - 3 4
Authorized agent:
2. WATER COURT CASE # 3 C W a b
3. USE OF WATER
O RRESEDENTIAL (check applicable boxes)
ir3rOrdinary household use Number of dwellings: L4
D Subdivision: No. constructed units: No. vacant lots:
Home garden/lawn irrigation of 1$,(X'() sq. ft. tersq
Method of irrigation: D flood Ssprinkler D drip 0 other
D Nan -commercial animal watering of ( animals
Well Sharing Agreement for multiple owner wells must be
submitted
❑ COMMERCIAL (check applicable boxes)
Number of units: Total sq. fi of commercial units:
Description of use:
fl INDUSTRIAL
Description of use:
Evaporation: Maximum water surface to be exposed:
Description of any use, other than evaporation, and method of
diversion, rate of diversion, and annual amount of diversion of
any water withdrawn from the pond:
D MUNICIPAL
Description of use:
4. SOURCE OF WATER
Structure: LOP. t
Structure Name: a'lrilt 1 �r: 1091 t 1) -t
Source: DSurface DS orAge liKiround water
Current Permit # fir$ 79F )(,, of =\901139 7s (if applicable)
❑ Direct Pumping: Tnbutary
Location:
5. LOCATION OF STRUCTURE
c=k l#-ric hec1.
County Quarter/quarter
Quarter
Seelion
Tuwship Range Principal Meriiian
Distance of well from section lines
Well location address: ;,t;ei 1 -=
(Auach additional pages for multiple structures)
6. LAND ON WHICH WATER WILL BE USED
(Legal description may be provided as an attachment.)
Number of acres in tract: t} j has 11 r/- 4Cte5,
. a has 15-0,4 ac r -e5 3 5 nC1 :.:3
Inclusion into the District, at Applicant's expense, map be
required
7. TYPE OF SEWAGE SYSTEM
1E Septic tank/absorption leach field DCentral system DOther
District name:
& VOLUME OF LEASED WATER NEEDED IN ACRE
FEET: `-{ (minimum of 1 acre foot) +-Cit j
Leased amount based on diversions unless contractee has an
augmentation plan or submits supporting monthly engineering
data. Commercial, municipal, and industrial users must provide
diversion and consumptive data on a monthly basis.
A totalizing flow meter with remote readout is required to be
installed at the time the well is drilled and usage reported to
West Divide, upon request.
Applicant expressly acknoivledges it has had the opportunity to
review the District's forrn Water Allotment Contract and agrees
this application is made pursuant and subject to the terms and
conditions contained therein.
Application Date: 7 -(1 C
Applicant Signature
Applicant Signature
DATE APPROVED: (7-6'2 A?
WEST DIVID CONSE
By
`TRICI'
President
Secretary ��
Rug 10 01 11:14a Big ilic
JO es
1/ i70,1
38'x- 3zf7D
674( L //_g_
z
-tvy a/ aP)/e�ea!
970-30386 p.1
RECEIVED
AUG 3 2001
• RECEIVED •
NIB 14 2001
-ice?- s a i
APPLICATION FOR PURCHASE OF WATERS FROM
THE WEST DIVIDE WATER CONSERVANCY DISTRICT
Af t'ros.Pcs 1(1'83
A. APPLICANT
NAME Gary Schultz
ADDRESS P.O. Box 1150
Glenwood Springs. CO 81602
TEL NO. 303 / 945 _8575
AGENT OR REPRESENIATIVE
B. WATER RIGHT TO BE AUGMENTED
NAME OF RIGHT Schultz Wells 1, 2, 3 and Schultz Pump
LOCATION OF DIVERSION POINT See attached
WATER COURT CASE NO. To be applied for
C. INTENDED USE OF AUGMENTED WATER RIGHT
LOCATION OF AREA OF USE See attached
DESCRIPTION OF PROJECT• Applicant intends to furnish water to ,
three single family homes and toirrigate approximately
20 acres
NO. OF DWELLING UNITS
3
PROPOSED POTABLE WATER SYSTEM
family home
TOTAL ACREAGE 20
Three wells each serving 1 single
PROPOSED WASTE -WATER TREATMENT SYSTEM
Septic
PROJECTED MONTHLY VOLUME OF AUGMENTATION WATER NEEDED: xx)cxif2E x5]4 ;
JAN 0.03 FEB 0.03 MAR 0.03 APR 0.03 MAY 0
JUN 0 JUL 4 AUG 8 SEPT 8 OCT 0.03
NOV 0. 03 DEC 0. 03 ANNUAL TOTAL 0. 03
MAXIMUM INSTANTANEOUS DEMAND 105 xXiK gpm
D. OTHER REMARKS:
DA.E - SIGNATURE OF AGENT OR REPRESENTATIVE
r
Application to West Divide
�,-.
Water Conservancy District for ��.� �-__. _LI
Water Allotment Contract
(Pursuant to C.R.S. 1973, 37-45-131)
Application hereby applies to the West Divide Water
Conservancy District, a political subdivision of the State of
Colorado, organized pursuant to and existing by virtue of C.R.S.
1973, 37-45-101, et sea., for an allotment contract to
beneficially and perpetually use the water rights owned, leased,
or hereafter acquired by the District. By execution of this
application, Applicant hereby agrees to the following terms and
conditions:
1. Water Rights: Applicant shall own water rights at
the point of diversion herein, which will be supplemental by
waters leased herein.
2. Quantity: The quantity herein applied for by the
Applicant is 105 gpm EEthimixxkeeltxx4xxxxxmaccand of water at the
Applicant's point of diversion from the District's direct flow
water rights and, when water is unavailable for diversion pursuant
to administration by the Colorado State Engineer during periods
when the beforementioned direct flow water right is not in
priority, the District shall release up to acre-feet per
year of storage water for the Applicant owned or controlled by the
District. It is understood that any quantity allotted to the
Applicant by the District pursuant to its direct flow water right
will be limited by the priority of the District's decrees, and
that any quantity allotted will only be provided so long as the
Applicant fully complies will all of the terms and conditions of
this contract. The District and the Applicant recognize that the
District's decrees are in the name of the Colorado River Water
Conservation District, and the ability of the District to allot a
direct flow decree to the Applicant may be dependent on the
consent of the Colorado River Water Conservation District. In the
event such consent is not forthcoming when the water is needed by
the Applicant, the Applicant shall be responsible for obtaining
other direct flow water rights, and, in such event, the District
shall release up to 0.03 acre-feet per year of storage water for
the Applicant owned or controlled by the District during times
when said water right is not in priority. At such time as the
District does acquire the ability to allot its direct flow rights
as herein provided, such allotment shall be made to the Applicant,
and upon the obtaining by the Applicant of a decree for change in
point of diversion for said direct flow right to his point of
diversion, the District's obligation to deliver storage water as
herein provided shall be reduced to acre-feet per year. In
either event, if at any time the Applicant determines it requires
less water than those amounts herein provided, it may so notify
the District in writing, and the amount of water allotted under
this contract shall be reduced in accordance with such notice.
-1-
3. Beneficial Use and Location of Beneficial use: Any
and all water allotted Applicant by the District shall be used for.
the following beneficial use or uses: Municipal, domestic and
related uses or irrigation and commercial (except Ruedi water
which is not available for irrigation and commercial).
Applicant's beneficial use of any and all water allotted shall be
within or through facilities or upon land owned, leased, operated,
or under Applicant's control. Such facilities or lands serviced
will be located entirely within the boundaries of the District.
4. Decrees and Deliver: The water provided pursuant
to the District's direct flow right shall be from the
or other decress hereafter acquired by the District. Exchange
releases made by the District out of storage from Ruedi Reservoir
or other works and facilities of the District shall be delivered
to the Applicant at the outlet works of said storage facilities
and release of water at such outlets shall constitute performance
of the District's total delivery obligation. Delivery of water by
the District from Ruedi Reservoir shall be subject to the
District's lease contract with the United States Bureau of
Reclamation. Furthermore, the District hereby expressly reserves
the right to store water and to make exchange releases from
structures that may be built by the District in the future, so
long as the water service to the Applicant is not impaired by said
action. Any quantity of Applicant's allocation not delivered to
Applicant by November 1st of each year shall revert to the water
supplies of the District.
5. Alternate Point of Diversion: Requests for
alternate points of diversion of the District's water rights
described in Paragraph 3 above may be required in order to brovide
applicant the water service contemplated hereunder. The District
reserves the exclusive right to review and approve any conditions
which may be attached to judicial approval of said alternate point
of diversion as contemplated or necessary to serve Applicant's
lands. Applicant acknowledges and agrees that it shall be solely
responsible for the procedures and legal and engineering costs
necessary for any changes in water rights contemplated herein and
further agrees to indemnify the district from any costs or losses
related thereto. Applicant is solely responsible for providing
works and facilities necessary to obtain/divert the waters at said
alternate point of diversion and deliver them to Applicant's
intended beneficial use. If, as a result of terms and conditions
imposed upon a decree awarding an alternate point of diversion as
herein described the Applicant does not obtain 105 qpm ex±xZ. at
his point of diversion, the District shall allot form the decrees
set forth in Paragraph 3 such additional amount to the Applicant
as is necessary to allow for the diversion of c.f.s. at the
Applicant's point of diversion. Irrespective of the amount
for water actually transferred to the Applicant's point of
diversion, the Applicant shall make annual payments to the
-2-
District based upon the amount of water allotted.
6. Annual Payment: Annual payment for the water
service described herein shall be determined by the Board of
Directors of the District at a per acre-foot rate to be determined
annually by the Board. The initial annual payment shall be made,
in full, within thirty (30) days after the date of notice to the
Applicant that the initial payment is due. Said notice will
advise the Applicant, among other things, of the water delivery
year to which the initial payment shall apply and the price which
is applicable to that year. Annual payments for each year
thereafter shall be made by the Applicant on or before each March
1. If an annual payment is not made by the due date, written
notice thereof will be sent by the District to the Applicant at
the following address: Gary Schultz, P.O. Box 1150, Glenwood
Springs, CO 81602 -
or to such address as may be designated by the Applicant in
writing. All parties within the District allotted water pursuant
to the powers of. the District shall be treated uniformly for all
parties with similar uses.
If payment is not made within ten (10) days after the
date of said written notice, Applicant shall have no further
right, title, or interest under this contract; and the allotment
of water, as herein made, shall be transferred, leased, or
otherwise disposed of at the discretion of the Board of Directors
of the District.
In the event water deliveries hereunder are made in
cooperation with some other person, corporation, quasi -municipal
entity, or governmental entity, said person, corporation,
quasi -municipal entity, or governmental entity is hereby
authorized to curtail water service to Applicant without liability
to the District, or said other person or entity, in any respect at
the sole option and request of the District. Said service may
continue to be terminated as long as payments contemplated
hereunder, together with all past due payments, are in arrears.
7. Security: As security to the District, the
foregoing covenant of annual payments in advance of water delivery
will be fully met by annual budget and appropriation of funds from
such sources of revenues as may be legally available to the
Applicant. As additional security to the District, the Applicant
will hold harmless any person, corporation, quasi -governmental
entity, or other governmental entity, for discontinuance in
service due to the failure of the Applicant to maintain the
payments herein contemplated on a current basis.
8. Assi9 nment: This agreement shall inure to the
benefit of the heirs, successors, and assigns of the parties
hereto.
9. Other Rules: Applicant shall be bound by the
-3-
provisions of the Water Conservancy Act of Colorado; by the Rules
and Regulations of the Board of Directors of said District; and
all amendments thereof and supplements thereto.
10. Operation and Maintenance Agreement: Applicant
shall enter into an "Operation and Maintenance Agreement' with the
District under terms and conditions determined by the Board of
Directors of the District if and when the Board.of said District
determines in its sole discretion that such an agreement is
required by reason of additional or special services requested by
the Applicant and provided by the District or by reason of the
delivery or use of water by the Applicant for more than one of the
classes of service which are defined in the Rules and Regulations
of the Board of Directors of the District. Said agreement may
contain, but shall not be limited to a provision within the terms
of standard allotment contracts of the District; additional annual
monetary consideration for extension of District delivery services
and for additional administration, operation and maintenance
costs; or for other costs to the District which may arise through
services made available to the Applicant.
11. Change of Use: The District reserves the exclusive
right to review, reapprove or disapprove any proposed change in
use of the water allotted hereunder to the extent such change in
use and/or change in land use would require approval of local or
state governmental authorities pursuant to land use laws now or
hereafter in existence.
12. Applicant agrees to use the water in the manner and
on the property described in Exhibit A attached hereto or in any
operation and Maintenance Agreement provided by Applicant. Any
use other than as set forth thereon or any lease or sale of the
water or water rights herein shall be deemed to be a material
breach of this agreement.
13. It is understood and agreed that nothing herein
shall be interpreted to give the applicant any equitable or legal
fee title interest in or to any water or water rights referred to
herein.
14. Applicant shall use commonly accepted conservation
practices with respect to the water and water rights herein and
hereby agrees to be bound by any conservation plan adopted
hereafter by the District for use of District owned or controlled
water or water rights.
-4-
APPLICANT:
By
eLr
Address:
STATE OF COLORADO
ss.
COUNTY OF GARFIELD
The foregoing
_> y _ day of
instrument was a knowledged before me this
, 1982, by�
WITNESS my hand
and official seal.
My Commission expires:
After a
Divide Conservancy
ORDERED that said
be and is accepted
ATTEST::-
-
Secretary
Notary Public
Address
ORDER ON APPLICATION
Hearing by the Board of Directors of the West
District on the above application, it is hereby
application be granted and this contract shall
by the District.
WEST DIVIDE CONSERVANCY
DISTRICT
i
BY %t
President
Residential Restrictions: Applicant shall restrict lawn and garden uses to a maximum
of six thousand square feet per household served with water obtained from the District.
This agreement is subject to the terms and conditions of all exhibits attached hereto,
Exhibit A of which shall be the District's form entitled "Application for Purchase of
Waters from the West Divide Water Conservancy District" fully completed by the applicant
and approved by the District's Engineer.
-5-
V v .. v i v i u v. T ., 0
V l S J I
Form No. OFFICE OF THE'ATE ENGINEER
GWS -25 COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St.. Denver, Colorado 80203
(303) 366-3581
J 1 J JOT - V J u V
•
APPLICANT
CRAIG L SCHULTZ
2656 335 ROAD
NEW CASTLE, CO 81647-
(970) 984-3574
CHANGE/EXPANSION OF USE
•-
RECEIVED
it I
WELL PERMIT NUMBER 56097 - F -
DIV. 5 WD 45 DES. BASIN MD
APPROVED WELL LOCATION
GARFIELD COUNTY
NE 1/4 NW 1/4 Section 8
Township 6 S Range 91 W Sixth P.M.
DISTANCES FROM SECTION LINES
4700 Ft. from South Section Line
3700 Ft. from East Section Lne
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 assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested
water right from seeking relief in a civil court action.
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 cf Water Well Construction and Pump Installation
Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-90-137(2) for the expansion of use of well permit no. 40639-F (expired), 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 District for the release of replacement water from Ruedi Reservoir is in effect, cr under an
approved plan for augmentation. WDWCD contract #820528GS(a).
4) The issuance. of this permit hereby cancels permit no. 40639-F, previousley issued for this parcel.
5) The use of ground water from this well is limited to ordinary household purposes inside two (2) single family dwellings,
the irrigation of not more than 6,000 square feet (0.14 of an acre) of home gardens and lawns, and the watering of
domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation Is it
effect. This well Is known as Schultz well no. 3.
6) The maximum pumping rate of this well shall not exceed 15 GPM.
7) The average annual amount of ground water to be appropriated shall rot exceed twc (2) acre-feet (651.000 gallons).
8) The owner shall rnark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case
lumber(s) as appropriate, The owner shall take necessary means and precautions to preserve these markings.
9) This well shall be constructed not more than 200 feet from the location specified on this permit.
10) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all
diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon
request.
APPROVED
SAP
State Engineer
(Receipt No. 9500800 DATE ISSUED
E ` 2 5 2001
0g .
rt-( 0 . g)4" ---
a EXPIRATION DATESE 2 5 2002
• DEED OF TRUST
THIS INDENTURE, Made this 30th day of
August
•
,1988 , by and between
CRATG L. SCHTTT,TZ and ELISA K. SCHULTZ
whose address is 2656 County Road 335
City of New Castle , County of Garfield , and State of Colorado,
hereinafter designated Party of the First Part, and the Public Trustee of the County of
(;a rf i P 1 d ; in the State of Colorado, Party of the Second Part.
WITNESSETH, That Whereas, the Party of the First Part has executed his Promissory Note bearing even
date herewith for the sum of Forty—seven Thousand and No/ 100
Dollars
($ 47, 000.00 ) payable to the order of Colorado National Bank— Glenwood
hereinafter designated the Bank, whose address is
901 Grand Avenue, P. 0. Box 520, Glenwood Springs, CO 81602
And Whereas, if said Note or any related agreement provides for additional advances at the option of said
Bank, it is specifically agreed that said advances shall be a part of the principal indebtedness, that all of the
covenants and agreements evidencing such advances shall be a part hereof, and that this Deed of Trust shall
secure, in addition to the original indebtedness, any additional advances made by said Bank to the Maker or
Maker's successors in title. The Public Trustee may, upon the production of said Note, duly cancelled, release
this Deed of Trust without further showing as to said additional advances and without liability for so doing;
such release shall also constitute a release of the lien for any such advancements.
And Whereas, said Party of the First Part is desirous of securing the payment of the principal and interest
and all other sums due under the terms and conditions of said Note and this Deed of Trust, in whose hands
soever the said Note may be:
NOW, THEREFORE, said Party of the First Part in consideration of these premises and for the purpose
aforesaid, does hereby grant, bargain, sell, and convey unto the said Party of the Second Part, in trust forever,
the following described property situate in the County of Garfield
and State of Colorado, to -wit:
A parcel of land situated inGovernment Lot II of Section 8, Township 6
South, Range 91 West of the Sixth Principal Meridian, Garfield County,
Colorado, more particularly described as follows:
Beginning at the Northeast Corner of said Section 8, being a one—half
inch diameter iron bar with a cap; -
thence S. 63°18'09" W. 2951.85 feet to the Southeast Corner of said
Government Lot II, the True Point of Beginning;
thence N. 00°01'55" E. 876.51 feet along the easterly line of said Gov—
ernment Lot II, to the centerline of County Road #335 as constructed and
in place;
thence along the centerline of said County Road #335, the following
courses and distances:
thence S. 87°05'16" W. 339.55 feet;
thence 86.73 ft. along the arc of a curve to the right, having a radius of
1492.80 feet, a central angle of 03°19'44";
thence N. 89°35'00"-W. 151.39 feet;
thence 138.59 feet along the arc of a curve to the left, having a radius of
459.01 feet, a central angle of 17°17'56";
thence 243.26 feet along a curve to the right, having a radius of 264.80
feet, a central angle of 52°38'09";
thence N. 54°14'48" W. 292.58 feet;
thence 152.07 feet along the arc of a curve to the left having a radius of
444.27 feet, a central angle of 19°36'43", to a point on the westerly line
of Government Lot II;
thence leaving said County Road #335, S. 00°18'09" W. 1119.86 feet along
the westerly line of said Government Lot II to the Southwest Corner of
said Government Lot II;
thence N. 89°45'45" E. 1324.41 feet along the southerly line of said
Government Lot II to the True Point of Beginning.
COUNTY OF GARFIELD
STATE OF COLORADO
together with all improvements and additions now or hereafter situate thereon, otherwise known and numbered
as 2656 County Road 335 S't e' L, New Castle , Colorado.
TO HAVE AND TO HOLD the same, together with all and singular the privileges and appurtenances
thereunto belonging, including all the heating, plumbing, lighting fixtures, and all other fixtures, and equipment
now or hereafter attached to or used in connection with said premises; also the rents, profits and income derived
and to be derived from said premises.
IN TRUST NEVERTHELESS, That in case of any default hereunder by Party of the First Part or his
successors in interest, according to the tenor and effect of said Note and this Deed of Trust, the Bank or the
legal holder of the indebtedness secured hereby may file notice with Party of the Second Part, declaring such
default and its election and demand that said property be advertised for sale and sold in accordance with the
statutes of the State of Colorado in such cases made and provided; and thereupon said Party of the Second Part
10-0152/00 A0285IDeed of Trust Without Escrow
• .
(the Public Trustee) shall sell and dispose of said premises (en masse or in separate parcels, as said Public Trustee
may think best), and all right, title and interest of the said Party of the First Part, his heirs or assigns therein
at Public Auction at the front door of the Court House or at such place as similar sales are then customarily
held in the Colorado County or City and County in which said premises are located, or on said premises as may
be specified in the notice of such sale, for the highest and best price the same will bring in cash, four weeks'
public notice having previously been given of the time and place of such sale, by advertising weekly, in some
newspaper of general circulation at that time published in said Colorado County or City and County; copies of
said notice shall be mailed in accordance with the statutes of Colorado governing sales of real estate by Public
Trustee, and said Public Trustee shall make and give to the purchaser of said property at such sale, a certificate
in writing, describing such property purchased, the sum paid therefor, and the time when the purchaser (or
other person entitled thereto) shall be entitled to a deed therefor, unless the same shall be redeemed as provided
by law; and said Public Trustee shall upon demand by the party holding the said certificate of purchase, when
said demand is made, or upon demand by the party entitled to a deed to and for the property purchased, at the
time such demand is made, the time for redemption having expired, make and execute to such party a deed to
the said property purchased, which said deed shall be in the ordinary form of a conveyance and shall be signed,
acknowledged, and delivered by the said Public Trustee as grantor and shall convey and quit claim to such
party or parties entitled to such deed, as grantee, the said property purchased as aforesaid, and all the right,
title, interest, benefit, and equity of redemption of the Party of the First Part, his heirs and assigns therein,
and shall recite the sum for which the property was sold and shall refer to the power of sale herein contained
and to the sale made by virtue hereof; and in case of an assignment of such certificate of purchase, or in case
of the redemption of such property, by a subsequent encumbrancer, such assignment or redemption shall
also be referred to in such deed; but the notice of sale need not be set out in such deed; and the said Public
Trustee shall, out of the proceeds of such sale, after first paying and retaining all fees, charges and costs of
making such sale, pay the Bank hereunto or the legal holder of said Note, the principal and interest due on
said Note, according to the tenor and effect thereof, and all moneys advanced by the Bank or legal holder of
said Note for insurance, taxes, assessments, repairs, and other charges with interest thereon at note rate
plus 3.00 percent per annum, not to exceed the maximum interest allowable by law; rendering the over -
plus, if any, unto the said Party of the First Part, his legal representatives or assigns; which sale and said deed
so made shall be a perpetual bar, both in law and equity, against the said Party of the First Part, his heirs,
assigns, and successors in interest and all other persons claiming the said property, or any part thereof, by, from,
through, or under the said Party of the First Part or any of them. The Bank or the holder of said Note may
purchase said property or any part thereof, and it shall not be obligatory upon the purchaser at any such sale
to see to the application of the purchase money. If a release deed be required, it is agreed that the Party of the
First Part, his heirs, assigns, or successors in interest will pay the expenses thereof.
And the said Party of the First Part for himself and for his heirs, executors, and administrators, warrants
title to and possession of the encumbered premises and hereby waives homestead exemption snd any other
exemption now or hereafter provided by law and further warrants that said premises are free and clear of all
liens and encumbrances/0,00:
THE SAID PARTY OF THE FIRST PART FURTHER COVENANTS AND AGREES:
To pay promptly all and singular the principal and interest and all other sums of money payable by
virtue of said Note and this Deed of Trust on the days respectively that the same severally become due and to
perform each and every stipulation, agreement, and condition in said Note and this Deed of Trust; that in
the event the Bank shall be or become liable for or obligated to pay any tax or assessment whatever under
State or governmental law or levy, for and on account of the said Note or this Deed of Trust securing the same,
or the indebtedness represented thereby, to pay the Bank at least ten days prior to the due date of said tax or
assessment, the full amount of such tax or assessment.
To keep the improvements on said premises insured against loss by fire, windstorm, and such other
hazards as the Bank may require, in such companies as may be approved by the Bank, in an amount not less
than the amount due the Bank hereunder; and if the insurer elects to pay a loss or damage in cash rather than to
repair, rebuild, or replace the property lost or damaged, the Bank shall have the option to apply the proceeds of
such cash settlement of such loss upon the sum hereby secured up to the full amount of the insured's indebted-
ness to the Bank; all insurance policies on improvements on the real estate hereinabove described shall be
retained by said Bank with said Note and Trust Deed and every such insurance policy must have a mortgagee's
clause attached thereto in favor of said Bank, in form satisfactory to said Bank.
To pay promptly all taxes, assessments, levies, water rents, insurance premiums, and all other liabilities,
obligations and encumbrances as they become due.
That if all or any part of the real property herein described is sold or transferred by Party of the First
Part without the Bank's prior written consent, the Bank may, at the Bank's option, declare all sums secured by
this Trust Deed to be immediately due and payable. Bank is entitled to receive payment on account of said Note
from persons other than Party of the First Part. Receipt of payments under said Note by a party other than
Party of the First Part shall not be deemed to constitute a consent to transfer of property or substitution of
parties, which assent may only be evidenced by express signed statement of the Bank.
That if any improvements, repairs, or alterations have been commenced and have not been completed
more than three months prior to the date hereof, Party of the First Part will receive the proceeds of this loan
as a trust fund to be applied first to the payment of the costs of the improvements and that the same will be
so applied before using any part of the total for any other purpose; that if work ceases on any proposed im-
provements, repairs, or alterations for a period of ten days or more, then said Bank may at its option, without
notice, declare said indebtedness due and payable or said Bank may take possession of said premises and let
contract for or proceed with the completion of said improvements, repairs, or alterations and pay the costs
thereof out of the proceeds of money due said Party of the First Part upon said loan and should the cost of
completing said improvements, repairs or alterations exceed the balance due said Party of the First Party by said
Bank, then such additional cost may be advanced by the Bank and shall bear interest at the same rate as principal
indebtedness and secured by this Deed of Trust, provided, however, such additional cost shall be repaid by said
Party of the First Party to said Bank within ten days after completion of said improvements, repairs, or
alterations; that said Party of the First Part, regardless of natural depreciation, will keep said property and the
improvements thereon at all times in good condition and repair; and upon the refusal or neglect by Party of
the First Part to keep said property and the improvements thereon at all times in good repair, to pay promptly
all taxes, insurance premiums, water rent, assessments, abstract and recording fees, levies, liabilities,
obligations, principal, or interest on this or on any other encumbrance on said real property or to perform any
other agreements, conditions, stipulations, or covenants as herein provided, the Bank may have such things
done at First Party's cost and may make any reasonable expenditure or outlay necessary thereunder.
That Bank shall have the right of entry on the described property at any reasonable time for the purpose
of inspecting the property.
That if any part of said described property shall be condemned or taken for public use under eminent
domain, or in case the property shall be damaged either by public works or private acts, all damages and com-
pensation paid therefor shall be paid to the Bank and applied upon the indebtedness due under said Note and
this Deed of Trust.
That the Bank shall have the right to file and to defend suits at the expense of the Party of the First Part,
in his name or in the name of the Bank, for the recovery of damages, to uphold the lien of this Deed of Trust,
to preserve the Bank's rights hereunder, or in any action whatsoever in which the Bank or Party of the First Part
brought by Party of the First Pa inst the Bank, or shall have the right to e counsel in an effort to
prevent, to compromise, or to tiate anysuch
proposed litigation, and all s expended as costs in
connection therewith or advanced by the Bank shall be repaid by Party of the First Part upon demand or as may
be expressely agreed upon by the Bank, and, if such sums, with interest thereon at the then current contract
interest rate, be not paid by Party of the First Part, the Bank may declare all of the indebtedness, including all
such sums, immediately due and collectible or, at the Bank's option, such sums shall become so much additional
indebtedness secured by this Deed of Trust, which shall be a lien to said additional extent on the premises
hereinabove described prior to any right, title, or interest attaching or accruing subsequent to the lien hereof,and
such indebtedness shall be paid under the provisions of the Promissory Note secured hereby and any subsequent
modification agreements.
If this Trust Deed is foreclosed through Public Trustee, a reasonable sum for attorney fees shall be added
as a cost of foreclosure and if foreclosed through the Courts, a reasonable sum for attorney fees shall be taxed
as part of the costs of foreclosure.
IT IS SPECIFICALLY AGREED, That time is of the essence of this contract and that in the event the
Party of the First Part fails to pay said Bank any and all sums due according to the terms of said Note and this
Deed of Trust and fails to perform any of the covenants and agreements contained in said Note and this Deed of
Trust, said Bank may at its option declare said Note and the remaining indebtedness owing thereunder due and
payable and any taxes, assessments, insurance premiums, or other advances made or paid by said Bank and not
repaid to said Bank by Party of the First Part, shall become an additional indebtedness hereunder and secured
by this Deed of Trust, and in case of such default, the Bank, or in case of sale under foreclosure, the holder of
the certificate of purchase, shall at once become entitled to the possession, use, and enjoyment of said property
and to the rents, incomes, and profits thereof, which rents, profits, and income shall be applied to the payment
of the indebtedness secured hereby and, if possession is not obtained, shall be entitled as a matter of right,
without regard to the solvency or insolvency of the Party of the First Part, or to the then owner of said prop-
erty, to have a receiver appointed by any Court of competent jurisdiction upon ex parte application and without
notice—notice being expressly waived—and such receiver when so appointed, shall apply all rents, incomes, and
profits therefrom, subject to the order and directions of the Court, to the payment of the indebtedness secured
hereby.
Party of the First Part shall have the right to prepay the indebtedness secured hereby, without penalty.
Prepayments shall be credited first to interest and penalties, if any, and then to the principal due on said Note.
That each right, power, and remedy herein conferred upon the Bank is cumulative of every other
right or remedy of the Bank whether herein or by law conferred and may be enforced concurrently therewith;
that no waiver, express or implied, by the Bank of the performance of any covenants herein or in said obli-
gation contained, shall thereafter in any manner affect the right of the Bank to require or enforce perform-
ance of the same or any other of said covenants; and no payment or advancement by the Bank hereunder
on behalf of the Party of the First Part shall be deemed a waiver of the breach occurring or of the right to
elect to foreclose this Deed of Trust, and the failure of the Bank to declare the entire indebtedness due and
payable upon the default of any of said terms and conditions shall not, even though such default be repeated,
be construed as a waiver of the right of the Bank to exercise such option at any time thereafter, and without
notice to the Party of the First Part.
That all of the covenants and agreements herein contained shall extend to and be binding upon the
heirs, executors, legal representatives, successors, and assigns (whether voluntary or involuntary by operation
of law) of the respective parties hereto.
No person shall be a third party beneficiary of any provision of this Trust Deed.
Whenever the singular or plural number, or the masculine or feminine or neuter gender, is used herein,
it shall equally include the others.
Should any provision of this Trust Deed be found to violate the law of the State of Colorado, or of the
United States, such provision shall be deemed to be amended to conform to such law.
IN WITNESS WHEREOF, the said Party of the First Part has hereunto set his hand the day and year first
above written.
STATE OF COLORADO
COUNTY OF GARFIELD
The foregoing instrument was acknowledged before me this 30th day of August , 19 88 ,
by Craig L. Schultz and Elisa K. Schultz.
) SS.
X
Craig L. Schultz
X
Elisa K. Schultz
Witness my hand and official seal.
My commission expires
Notary Public
•
ASSIGNM ENT OF R1;N"1'S
WHEREAS, CRAIG L. SCHULTZ and ELISA K. SCHULTZ haYe_ made,
executed and delivered to Colorado National Bank — Glenwood herein
called the Bank, a Promissory Note for $ 47.000.00 secured by Deed of Trust upon the real estate
described in the Deed of Trust preceding this Assignment of Rents executed by the Makers hereof; and
WHEREAS, the undersigned desire further to secure and the said Bank has required as additional and
further security for the payment of said indebtedness, an assignment of the rents, profits, and income of said
described real estate, in case of default in the payment of any sums due thereunder, including taxes and insur-
ance payments, and as further security for the performance of all of the terms and conditions expressed in said
Note and Deed of Trust;
NOW, THEREFORE, for and in consideration of the sum of $1.00 and other valuable consideration , the
receipt whereof is hereby acknowledged, the undersigned do hereby, in case of default in the payment of said
indebtedness or any part thereof or failure to comply with any of the erms and conditions of said Note and
Deed of Trust, assign, transfer and set over unto the said Bank all rents, profits, and income derived from
said premises and from the buildings and improvements thereon, together with all rights of possession with full
and complete authority and right in said Bank to demand, collect, receive, and receipt for such rents, income,
and profits, to take possession of said premises without having a receiver appointed therefor, to rent and manage
the same from time to time, and to apply the net proceeds of such rents, income, and profits from said property
upon said indebtedness until all delinquencies, advances, and the indebtedness secured hereby and by the Deed
of Trust of even date herewith are paid in full by the application of said rents or until title is obtained through
foreclosure or otherwise.
A release of said Deed of Trust shall release this Assignment of Rents.
Witness our hand this the 30th day of August , 19 88
STATE OF COLORADO
by
tO
0
COUNTY OF GARFIELD
}55.
X
Craig L. Schultz
X
Elisa K. Schultz
The foregoing instrument was acknowledged before me this 30th day of August , 1988
Craig L. Schultz and Elisa K. Schultz.
Witness my hand and official seal.
My commission expires
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