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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com RECD'VED SEP 2 0 2004 Special Use Permit SUILDIN& p �'Y CANNINGNl GENERAL INFORMATION (To be completed by the applicant.) y Street Address / General Location of Property: A DJ A (LENT A N D WE ST o F 8 54 czvJ fl IRc> AD 22 5 I2.1F-LE, O , Legal Description: Lo 3 Do .LE S,-) bPtkft st D k EX EN PTio - THE PLAT c i= ‘is;I-I IC N ‘s REEc.Ri it 4/1(,/ Zc 3 A R>E4 . (,2 533 2 Existing Use & Size of Property in acres: A6R1GQL.'N L / 8'. al ACR -E -S Description of Special Use Requested: St Kt 4 k PAN 1 c (' r2E-Si DE) E %i TN AccaSSOe'i Dv.'tLLihi4 until". ➢ Zone District: p1/i/12.D ➢ Name of Property Owner (Applicant): ThlcIPIA S G . EuzABETI A, Li PP1Tr ➢ Address: 1610 o1Zc.NAP D AVE Telephone:970 - 87(e - 061 'Z ➢ City: Si Li State: Zip Code: el fo S Z FAX: 871D- v I 6,0 Name of Owner's Representative, if any (Attorney, Planner, etc): ELI EA13En4 LI PPIiT 874,-©(v1 2 Address: ) to 10 of�2c:i+�\IZt AVIS. Telephone: 379 - f3'7 Z4 City: Si Cr State: CO Zip Code: 8! 652 FAX: en, -0/66 STAFF USE ONLY Doc. No.: Date Submitted: TC Date: Planner: Hearing Date: • I. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (Le. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. 2. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4. Submit a vicinity map showing slope / topography of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all mineral rights owners of the subject property and public and private landowners adjacent to your property (which should be delineated). In 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. Submit a copy of the deed and a legal description of the subject property. 7. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. 8. Submit an statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; • • 9. Depending on the type of Special Use Permit requested, you may need to respond to additional review standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 & 5.03.08], Accessory Dwelling Units [section 5.03.21], Utility line/Utility Substations, etc. Specific sections of the Zoning Resolution which can be located on the Garfield County web site at http://www.garfield-county.com/building and Manning/index.htm, or information can be obtained from this office 10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. 11. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. ii. PROCEDURAL REQUIREMENTS (The following steps outline how the Special Use Permit Application review process works in Garfield County.) 1. Submit this completed application form, base fee, and all supplemental information to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness. 2, Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete. In addition, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Special Use. (If Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested Special Use and the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed special use and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. • c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. In addition, the Applicant shall provide proof, at the hearing, that proper notice was provided. 5. Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the statements above and have provided the required attached information which isjorrect and accurat to the best of my knowledge. (Signature of applicant/owner) k, oc42,04/ 9/zelo4- Last Revised: 11/07/2002 • • GARFIELD COUNTY BUILDING AND PLANNING 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 actual cost of County staff time devoted to the review of a particular project. 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, must be submitted with each land use application, and made payable to the Garfield County 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 C NTY BUILDING AND PLAN G DEPARTMENT BASE FEES 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 publication or cost of consulting service detettuined 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 BASE FEE Sketch Plan $325 Preliminary Plan $675 + application agency review fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey Final Plat • $200 Amended Plat $100 Exemption from the Definition of Subdivision (SB -35) $300 Land Use Permits (Special Use/Conditional Use Permits) • Administrative/no public hearing $250 ■ Board Public Hearing only $400 • Planning Commission and Board review & hearing. $525 Zoning Amendments ■ Zone District map amendment $450 ■ Zone District text amendment $300 ■ Zone District map & text amendment $500 ■ PUD Zone District & Text Amendment $500 • PUD Zone District Text Amendment $500 Board of Adjustment • Variance $250 • Interpretation $250 Planning Staff Hourly Rate • Planning Director $50.50 • Senior Planner $40.50 • Planning Technician $33.75 • Secretary $30 County Surveyor Review Fee (includes review of Amended Determined by Surveyor$ Plats, Final Plats, Exemption Plats) Mylar Recording Fee $11 — l5t page $10 each additional page Page 2 The following guidelines shall be used for the administration of the fee structure set forth above: 1. Ail 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 issued until all 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. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. 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. Page 3 • • GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and l-itH A S E LI -SAV) ETI -1 L 1 PF'rC (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for A D l; l PP/ 7T jL.E_s j ©E-A (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. - 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT Signature �L Date: LU ' C`4 yi ot—i S Lc PPS t 1 L i gET2-( /APR -Ft -- Print 1PPt iPrint Name Mailing Address: /6;40 C) 1-1 P Ps) AVE Si LT CC), 81 S Page 4 • • Garfield County Building & Planning Dept. 108 8th Street, Suite 201 Glenwood Springs, CO 81601 9/20/2004 Re: Special Use Permit for Thomas G. & Elizabeth A. Lippitt Please consider our application for an Accessory Dwelling Unit on our property located on Lot 3 Dooley Subdivision Exemption in Rifle, CO. We currently have a county building permit for a 1200 SF Residence above a garage. With this application, we would like to convert the 1200 SF residence into an Accessory Dwelling Unit and create a single family residence on another part of the property. We propose two separate I.S.D.S's, one for each residence, the location of which is shown on the attached Site Plan. We currently have a water well on the property in accordance with Colorado State permit #60341 F. Also in force is a Water Allotment Contract from the West Divide Water Conservancy District providing one acre foot of water sufficient for two dwellings. Vehicle access to the proposed residences utilizes a private lane as addressed by the attached memo from Wendy Mead of the Garfield County Road & Bridge Dept. , and requires no further permit. GWS -25 APPLICANT • • • • COLORADO DI ON OF WATER RESOURC 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 1095 WELL PERMIT NUMBER 60341 - F DIV. 5 WD 39 DES. BASIN MD Lot: THOMAS & ELIZABETH LIPPITT 1610 ORCHARD AVENUE SILT, CO 81652- (970) 876-0612 PERMIT TO CONSTRUCT A WELL 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. The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, 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, or under an approved plan for augmentation. WDWCD contract #030925TEKL(a). 4) 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 17,000 square feet (0.39 of an acre) of home gardens and lawns, and the watering of three (3) domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as Lippitt Well. 5) The pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed one (1.76) acre-foot (573,496 gallons). 7) 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. 8) This well shall be constructed not more than 200 feet from the location specified on this permit. 9) 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. NOTE: Parcel Identification Number (PIN): 23-2179-061-00-683 70/A0/03 NOTE: Assessor Tax Schedule Number: R009809 3 Block: Filing: Subdiv: DOOLEY EXEMPTION APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 NE 1/4 Section 6 Township 6 S Range 92 W Sixth P.M. DISTANCES FROM SECTION LINES 3340 Ft. from South Section Line 2340 Ft. from East Section Line UTM COORDINATES Northing: Easting: APPROVED MBC State Engineer Receipt No. 950166a DATE ISSUED 10-20-2003 By EXPIRATION DATE 10-20-2004 Current January 2003 Name of Applicant: • • Contract #030925TEL(a) Map #479 Date Approved 9/25/03 WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT Quantity of Water in Acre Feet: Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of C.R.S. 1973, §37-45-101, et seq., (hereinafter referred to as the "District") for an allotment contract to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this Contract and the attached Application, Applicant hereby agrees to the following terms and conditions: 1. Water Rights: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water, which will be supplemented and augmented by water leased herein. If Applicant intends to divert through a well, it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources. 2. Quantity: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in acre feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow, storage or otherwise, to the Applicant by the District will be limited by the priority of the Districts decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terms and conditions of this Contract. The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein provided, Applicant may so notify the District in writing, and the amount of water allotted under this Contract shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and Location of Beneficial Use: Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses: industrial, municipal, domestic and related uses, or commercial (except for commercial use from Alsbury Reservoir and except to the extent that Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract No. 2-07-70-W0547 between the United States and the West Divide Water Conservancy District). Applicants beneficial use of any and all water allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's control. 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir, Green Mountain Reservoir, Alsbury Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources, and release or delivery of water 1 • 1 at such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir or Green Mountain Reservoir shall be subject to the District's lease contracts with the United States Bureau of Reclamation. Releases from other facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (October 1), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or altemate points of diversion. The District shall request the Colorado Division of Water Resources to estimate any conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case. Water service provided by the District for properties located within the Bluestone and Silt Water Conservancy Districts is provided pursuant to Agreements with said Districts. The Intergovernmental Agreement between the District and the Silt Water Conservancy District, dated January 25, 2001, is recorded as Reception No. 575691, Garfield County Clerk and Recorder's Office. The Intergovernmental Memorandum of Understanding between the District and the Bluestone Water Conservancy District, dated April 26, 2001, is recorded as Reception No. 584840, Garfield County Clerk and Recorder's Office. 5. Alternate Point of Diversion and Plan ofAuamentation: Decrees for alternate points of diversion of the District's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant. The District reserves the right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated herein, and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted under this Contract. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilise the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under Paragraph 19 below. In any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof. 6. Contract Payment: Non-refundable, one time administrative charge, in the amount determined by the Board of Directors of the District from time to time, shall be submitted with the application for consideration by the District. 2 • • Annual payment for the water service described herein shall be determined by the Board of Directors of the District. The initial annual payment shall be made in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the initial payment shall apply and the price which is applicable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. If an annual payment is not made by the due date a flat $50 late fee will be assessed. Final written notice prior to cancellation will be sent certified mail, return receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set forth in this Contract or Application. Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. If payment is not made within fifteen (15) days after the date of said written notice, Applicant shall at Districts sole option have no further right, title or interest under this Contract without further notice, and delivery may be immediately curtailed. The allotment of water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District. Upon cancellation of this water allotment Contract with the District, the District shall notify the Division of Water Resources offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of all water use. 7. Additional Fees and Costs: Applicant agrees to defray any expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8. Assignment: This Contract shall not inure to the benefit of the heirs, successors or assigns of Applicant, without the prior written consent of the District's Board of Directors. Any assignment of Applicants rights under this Contract shall be subject to, and must comply with, such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment Contracts. No assignment shall be recognized by the District except upon completion and filing of proper forms for assignment and change of ownership. In the event the water allotted pursuant to this Contract is to be used for the benefit of land which is now or will subsequently be subdivided or held in separate ownership, the Applicant may only assign the Applicants rights hereunder to: 1) No more than three separate owners all of whom shall be party to a well sharing agreement satisfactory to the District; or 2) A homeowners association, water district, water and sanitation district or other special district properly organized and existing under the laws of the State of Colorado, and then, only if such parties, association or special district establishes to the satisfaction of the District that it has the ability and authority to perform the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this Contract have any rights hereunder, except as such rights may exist pursuant to a well sharing agreement or through a homeowners association or special district as provided above. Upon the sale of the real property to which this Contract pertains, Applicant shall make buyer aware of this Contract and proper forms for assignment and change of ownership must be completed. 3 • • 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law. 10. Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement" with the District under terms and conditions determined by the board of Directors of the District, if and when, the Board of said District determines in its sole discretion that such an agreement is required. Said agreement may contain but shall not be limited to, provisions for additional annual monetary consideration for extension of District delivery services and for additional administration, operation, and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant. 11. Change of Use: The District reserves the exclusive right to review, reapprove or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described in the documents submitted to the District at the time this Contract is executed, or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, shall be deemed to be a material breach of this agreement. 13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal fee title interest in or to any water or water rights referred to herein. 14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict actual diversions to not exceed the contract amount, which provides water (on the formula of one acre foot per dwelling) for ordinary household purposes inside one single family dwelling, the watering of domestic livestock, fire protection, and the irrigation of lawn and garden as specified in the Application. Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Watering of livestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestock watering, provided that in no event shall actual diversions exceed the amount of water provided by this Contract. Violation of this paragraph 15 shall be deemed to be a material breach of this Contract. 16. Well Permit: If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well permit before District is obligated to deliver any water hereunder. 4 • • 17. Measuring Device or Meter: Applicant agrees to provide, at its own expense, a measuring device deemed acceptable by the District's Engineer after consultation, or a totalising flow meter with remote readout to continuously and accurately measure at all times all water diverted pursuant to the terms of Applicant's water right and the terms of this Contract. Applicant agrees to provide accurate readings from such device or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result in legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. By signing this Contract, Applicant hereby specifically allows District, through its authorized agent, to enter upon Applicant's property during ordinary business hours for the purposes of determining Applicant's actual use of water. 18. Representations: By executing this Contract, Applicant agrees that it is not relying on any legal or engineering advice that Applicant may believe has been received from the District. Applicant further acknowledges that it has obtained all necessary legal and engineering advice from Applicant's own sources other than the District. Applicant further acknowledges that the District makes no guarantees, warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this Contract. Should the District be unable to provide the water contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund from the District. 19. Costs of Water Court Filing and Augmentation Plan: Should the District, in its own discretion, choose to include Applicant's Contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceedings. Applicant shall be assessed a pro -rata share of the total cost incurred by the District in preparing, filing and pursuing to decree the water court case. The pro -rata share shall be calculated by dividing such total cost by the number of contractees included in the filing. To the extent that the District is caused additional costs because of objection filed specifically due to the inclusion of Applicant's Contract in the filing, such additional costs may be charged specifically to Applicant and not shared on a pro -rata basis by all contractees. 20. Binding Agreement: This agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application to Lease Water From West Divide Water Conservancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. All correspondence from the District to Applicant referring to or relating to this agreement is by this reference incorporated into this agreement as further terms and conditions of this agreement. 21. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. 22. AREA B. CONTRACTS: IF APPLICANT'S WELL OR OTHER WATER RIGHT THAT IS THE SUBJECT OF THIS CONTRACT IS LOCATED OUTSIDE "AREA A" AS DESIGNATED BY THE DISTRICT, THEN THIS PARAGRAPH APPLIES: THE AUGMENTATION WATER PROVIDED BY THE DISTRICT UNDER THIS CONTRACT MAY ONLY PROTECT APPLICANT"S WATER RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER SENIOR RIGHT. NO REPRESENTATION OTHERWISE IS MADE BY THE DISTRICT. IF THIS IS A CONCERN TO 5 • • APPLICANT, THIS CONTRACT MAY BE RESCINDED UPON WRITTEN NOTICE DELIVERED TO THE DISTRICT BY THE APPLICANT WITHIN THE NEXT 30 DAYS FOLLOWING THE AFFIXING OF SIGNATURES ON THIS CONTRACT IN WHICH EVENT ALL SUMS PAID BY APPLICANT FOR THIS CONTRACT SHALL BE IMMEDIATELY REFUNDED TO APPLICANT. Applicant STATE OF Cr C,10 rC(d. 6 ) ss. COUNTY OF 20- , by STATE OF COUNTY OF 20 Aplicant /6/Q The foregoing instrument was acknowledged before me on this 9 day of ,m a s L q P,_ -- -L) t 2_fkb L t P P t I Witness my hand and official seal. My commission expires: -,.cam Public 3-03 rYZCL c.d c c. ) ss. The foregoing instrument was acknowledged before me on this day of , 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, it is hereby ORDERED that said Application be granted and this Contract shall be and is accepted by the Distract. WEST DIVIDE WATER CONSERVANCY DISTRICT By lL / k President AITEST: Secretary \- Date This Contract includes andis subject to the terms and conditions of the following documents which must accompany this Contract: I . Map showing location of point of diversion (use map provided) Application and Data Form fully completed and signed e• rent January 2003 PPLICATION TO LEASE WATER FROM 'EST DIVIDE WATER CONSERVANCY DISTRICT 9 West Third Street, P. O. Box 1478, Rifle, Colorado 81650 4110Contractwuiu "-71nL\ Map #479 Date Approved 9/25/03 / Telephone and Fax: (970) 625-5461 APPLICANT INFORMATION 1 E-4-1 ailing address: i t i C. t: ;Z(isx,F f—IZ I CC.' F'1R:' aephone: `) I t' - r" 74, — (` G •1 i- Jthorized agent: COURT CASE #'s: Decree Case No. Augmentation Plan Case No. USE OF WATER `RESIDENTIAL (check applicable boxes) Ordinary household use Number of dwellings: Subdivision: No. constructed units:_ _ No. vacant lots: Home garden/lawn irrigation of c, l ` L [ethod of irrigation: 0 flood sprinkler 0 drip 0 other Non-commercial animal watering of animals t Fire Protection ell Sharing Agreement for multiple owner wells Hurst be submitted I COMMERCIAL (check applicable boxes) umber of units: Total sq. ft. of commercial units: Description of use: 1 INDUSTRIAL Description of use: vaporation: Maximum water surface to be exposed: )escription of any use, other than evaporation, and method of diversion, ite of diversion, and annual amount of diversion of any water withdrawn om the pond: MUNICIPAL )ascription of use: SOURCE OF WATER Itructure: t '"1 1 Itructure Name: Iource: [Surface [Storage -round water ;urrent Permit # (if applicable) 3 Direct Pumping: Tributary. ,ocation: 5. LOCATION OF STRUCTURE C; al` 12..t:I k Li % I7'-' Y4 County Quarter/quarter ✓ "yj N. - ' erg,+- Section Township Range E 1Lt Quarter (- tii 13-1'1 Principal Meridian Distance of well from section lines _ t=4.. 71,-; Nit. L. Elevation: >> Well location address. (Attach additional pages for multiple structures) sq ft -+\ 6. LAND ON WHICH WATER WILL BE USED (Legal description may be provided as an attachment.) Number of acres in tract: Inclusion into the District, at Applicant's expense, may be required 7. TYPE OF SEWAGE SYSTEM N. Septic tank/absorption leach field [Central system DOther District name: 8. VOLUME OF LEASED WATER NEEDED IN ACRE FEET: f (minimum of 1 acre foot) Provide engineering data to support volume of water requested Commercial, municipal, and industrial users must provide diversion and consumptive data on a monthly basis. l totalizing flow meter with remote readout is required to he installed and usage reported to West Divide. Applicant expressly acknowledges it has had the opportunity to review the District's form Water Allotment Contract and agrees this application is made pursuant and subject to the terms and conditions contained tlterei Applicant Signature Applicant Sature Application Date: `-7 / / / J water use estimates 080703 • • C) n CO O - O C 7 0 0 7 000 7 CI) c 0 3 • a 7 (D 7 -co c c m m N n N 70 0 Q O O m m o ( ,WW E. csa ( N 7 7 0 0 N cn 0< 3 -o m w 0 0 0,3 co 3 0 N N_,O(C)C0-4 000700 00000 EEE0 Ec 7 7 7 0 7 7 41 ---- C A + + en C) m 0 � o , o E c -+ N N o 7 7 c3) 0_ a °' m m n) m o (o m N + + q .. _ o o -a 7 7 0 0_ O (D N p) N 07 C C 0 0 3 3 (D (D 0) 7 7 N pi N 0. crac0 -0 c Q (,) w 01 "< o ... cD (0 7 N_ CO 3 O O cnN 0 0 Z O w> m c_ _4 m O o m C C C> D> m> 0 0)o0o000000000 W 0) 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N (0 0) (0 03(0 ((3 0) (0 03 (0 0) (0 In House Diversion per Unit (AF) 0000000000000 o U) J. r its .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 0-P A A A A A A A A A A A N 0 0 0 0 0 0 0 Irrigation Diversion (ft) (n o(,)�i)mwo o (00)0303(3)0303 0 0) 00OOA 0) N 00(30000 ation 1. (ft) D69 307 440 470 373 264 077 000 O In Ho Diver: (AF 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 -10)0)0)0)0)0)0)0)0)0)(3)0) 0 0 0 0 0 0 0 0 0 0 0 0 0 ;000000000000 0 0 0 0 0 0 0 0 0 .0 0 0 .0 0 0 0 0 0 0 0 0 0 0 o o 0 0 (0 al 1F 0 0 0 0 1 2 2 1 1 0 .0 .0 W 0 O A W W W s (3) 0) 0 0 0 0 o 0 0 0 0 0 0 0 o 0 o O v Livestock ation Diversion & (AF) C.U. (AF) 00 0.00 00 0.00 00 0.00 03 0.00 .12 0.00 .17 0.00 .18 0.00 .15 0.00 .10 0.00 .03 0.00 .00 0.00 .00 0_00 W 0 (3(30 .j. --, Tota Divers (AF' 0.06 0,05 0.06 0.09 0.22 0.28 0.30 0.25 0.19 0.10 0.06 0.06 X100 0)0)0) (0 W W 0) A A 'l 0 v W- W 00(300 o 0 0 0 0 0 0 0 (D C AF' 01. 01 01 03 13 18 19 15 .11 .04 .01 01 W N -,. N A -1 () W N Ou N -> N 0 0 0 O 0 0 0 0 0 0 0 0 0 00) )tal tract ount \F) 012 011 012 040 138 192 205 165 120 044 012 012 41.NN41.0C3)(3NWON-'N' 03 J NVOIldd`d 55 T7 z> m o m o o° CC <-r�Dr C -1�mz. . (75<> M D O - Hoz 0 (n 0 m o (,) D mm C o m0 �z m Z7 C z 0 Teel aloe 96'0 0 H 0 Wendy Mead • • To: Tereasa Baker Cc: Kraig Kuberry Subject: Thomas Lippit Exemption Good Morning Tereasa, Kraig has another driveway exemption. Thomas Lippitt 854 CR 225 Silt, CO 970-876-0612 Fax:970-876-0160 The property at 854 CR 225 is on a private lane and Garfield County Road and Bridge has no jurisdication. No driveway permit is needed from Road and Bridge. Have a great day. Wendy 1111111111111111111111111111111111111#111111111111 629704 06/17/2003 04 54P 81482 PM ALSDORF • 1 of 1 R 6.00 D 14.50 GARFIELD COUNTY CO WARRANTY DEED THIS DEED, made this 16th day of June, 2003 Between MICHAEL G. DOOLEY AND SHARON R. DOOLEY of the * County of Garfield, and State of CO, grantor, and Recorder. THOMAS G. LIPPITT AND ELIZABETH A. LIPPITT, as joint tenants with full rights of survivorship whose legal address is : 1610 Orchard Avenue, Silt, CO, 81652 of the County of Garfield and State of CO, grantee: WITNESSETH, That the grantor for and in consideration of the sum of $145,000.00 DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado described as follows: A tract of land in the SW1/4NE1/4 of Section 6, Township 6 South, Range 92 West of the 6th P.M. being more particularly described as follows: Beginning at a point whence the West 1/4 corner of said Section 6 bears South 56°32'53" West 1876.24 feet; thence North 89°31'42" East 400.00 feet; thence North 00°39'01" West 300.00 feet; thence North 89°31'42" East 315.39 feet; thence South 22°49'14" West 45.59 feet; thence South 05°19'16" West 274.35 feet; thence South 07°3820" West 199.80 feet; thence South 25°25'49" West 304.18 feet; thence North 89°22'33" West 21.81 feet; thence South 88°34'49" West 484.39 feet; thence North 00°39'01" West 493.83 feet to the TRUE POINT OF BEGINNING. Also Known As Lot 3 Dooley Subdivision Exemption The plat of which is recorded April 16, 2003 As Reception No. 625332 as known by street and number as: TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the Grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes and assessments for the year 2003 and subsequent years and all those specific exceptions described by reference to recorded documents as reflected in Commonwealth Title Company's Commitment No. 0304135 The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above. C`-( 6-4\ /42. + Sharon R. Dooley as attorney in fact for Michael G. Dooley STATE OF COLORADO ) ss. COUNTY OF GARFIELD C a�'e (-.126-y haron, R. Dooley The foregoing instrument was acknowledged before me on June 16, 2003, by Sharon R. Dooley individually and as attorney in fact for Michael G. Dooley. My commission expires: Commonwealth File No. 0304135 Return to: Thomas G. Lippitt and Elizabeth A. Lippitt 1610 Orchard Avenue Silt CO 81652 DENNA ROC , STA' F .tea;: My Commission Expire.. 0912712005 y ffi eal WITNESS m a .:.- 127 East 5th Street Rifle, CO 81650 otary 'trblic ' t,t s 044 ^QR,yERs, =ft Was RG3° R 92 YV X n. f 2177-131-00-303 (581 (501) 6 Adjoining 2127 2-HC(R-F) 2-HC(S-F) 112 21 577 .'• (582 578 38 569 583 37 5 22 0 (:4 0 0 13 14 1 2 4+ 630 182 U0 00 IAT 3 SUB DN 0 EILPTO N 6 36i 48) 451 LOT 2 071 v 0 0 e 6 0 U x 074 290 7 099 County Road 31 472 462 233 281 2 14 040 1 rn (5 0 8+ L4 7� 10 '• 280 a Road 216E � p •ii�I���� ;_ .. � • � ,� 4359101+ w-4 _AiY 5+ 671 4 3 6E (24) Ta: 104 105 000 681 r= 2 am o ca 1652) 17 650 651 List of Landowners Adjacent to or Within 200 Ft. of and Mineral Rights Owners of Lippitt Property Parcel # 2179-061-00-064 Franklin Ryden 4860 County Road 233 Rifle, CO 81650-8745 Parcel # 2179-061-00-065 Darla Gail Jewell 702 County Road 225 Rifle, CO 81650 Parcel # 2179-061-00-635 Michael G. Cain 888 County Road 225 Rifle, CO 81650-9400 Parcel # 2179-061-00-682 Stephen P. Murphy Revocable Trust & T. C. Murphy Revocable Trust 854 Antlers Lane Rifle, CO 81650 Parcel 2179-062-00-579 Donald S. & Nancy Lee Smith 1057 County Road 225 Rifle, CO 81650 Parcel # 2179-062-00-582 Bryan P Edgington PO Box 1843 Rifle- CO 81650 Parcel # 2179-063-00-569 Frank L. & Rosemary E. Fraser PO Box 16 Silt, CO 81652 Mineral Rights Owners W. Wayne & Pearl A. Jewell 11466 St. HWY 325 Rifle, CO 81650