HomeMy WebLinkAbout1.0 ApplicationRECEIVED FEB 1 2 APPLICATION
Special Use Permit
GOU , GARFIELD COUNTY PLANNING DEPARTMENT
cp.901sag*y9;t7a k¢AR 3 109 Eighth Street, Suite 303
tatnt?p1Q Dsucte„ 0B CO 81,8(1i Glenwood Springs, CO 81601
51 Telephone: 970.945.8212 Facsimile: 970.945.7785
eto4"
Submittal Date: Z - /8-00 Base Fee: $400
Applicant: awn itz5.-r7, VI,
IMO !' l ,Po/Z33 flfkkCo Telephone' (o 75n z 5 )..
,
Address of Applicant: or.,v
jot)
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Special Use Being //Requested: 40699-f.-,a�i✓�S6 W/2
Zone District:A/4-1f O,snhnaoI Size of Property: ' 4/4c.
Application Requirements: These items must be submitted with the aoolicatioq
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 acknowledgment 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 the public hearing.
The information contained within this application is complete and correct, to the best of my knowledge:
Applican :.� a ��!! Date: /8- 00
No. vrrwc 'Jr Inc JttA1c crnJIrvccn
;WS -25 COLORADO ID 310N OF WATER RESOUFfM/ ��fs ®^`
PY
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 802 YYYJ ■ J
(303) 866-3591
APPLICANT
DONALD S. SMITH
4410 COUNTY ROAD 233
RIFLE, CO 81650
(970)625-2393
PERMIT TO CONSTRUCT A WELL
1095
WELL PERMIT NUMBER 21 0 9 16 - . -
DIV. 5 CNTY. 23 WD 39 DES. BASIN MD
Lot: 22 Block
Filing: Subdiv: ANTLERS ORCHARD DEVELOPMENT CORP.
APPROVED WELL LOCATION
GARFIELD COUNTY
NE 1/4 NW 1/4 Section 6
Twp 6 S Rng 92 W 6th P.M.
DISTANCES FROM SECTION LINES
4010 Ft. from SOUTH Section Line
2940 Ft. from EAST Section Line
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
the permit does not assure the applicant that no injury will occur to another vested water right or preclude
another owner of a vested water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2,
unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction
and Pump Installation Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a residential site of 9.367 acres described
as lot 22, Antlers Orchard Development Corp. Subdivision, Garfield County.
4) The use of ground water from this well is limited to ordinary household purposes inside a single family dwelling.
The ground water shall not be used for irrigation or other purposes.
5) The maximum pumping rate shall not exceed 15 GPM.
•
6) The return flow from the use of the well must be through an individual waste water disposal system of the
non -evaporative type where the water is returned to the same stream system in which the well is located.
7) This well shall be constructed not more than 200 feet from the location specified on this permit.
NOTE: Parcel Identification Number (PIN): 23-2179-062-00-5797.—
Assessor Tax Schedule Number: 210964
APPROVED
DMW
Receipt No.
5rale Engi
DATE ISSUED AUG 121998 ey (RATION DATE AUG 12 200C
FORMrNo.
o 2
STATE OF COLORADO
OFFICE OF THE rrTE ENGINEER
818 Centennial Bldg.. 1'L Merman St, Denver, Colorado 80203
(303) 8663581
For C(E Use only C '
RECEIVED �_
OCT 0 8 1998
wTEVBEES SOURCES
mu. CEINED
RIG p4'98
vwtsn Roc
deli liY®n
616171000r
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PRIOR TO COMPLETING FORM, SEE INSTRUCTIONS ON REVERSE SIDE
1. APPLICATION FOR WELL LOCATION AMENDMENT
WELL PERMIT NUMBER 07/0q/te
2. WELL OWNER
�/ (' , I L
NAME(S) Dci 1(.'/CA -i ..7 L.T.t..l
/�
Mailing Address Li 1 J.G C.QIL ,)194, ..... Ed a3.3 L. �•.
City, St. Zip iCf It ) CQ u 811.66
Phone (370) _(aa5 -`333..3
3. ACTUAL WELL LOCATION: COUNTY IP Cu' 1C,t/cL OWNER'S WELL
DESIGNATION
CO ....81..4. a
(State) PO
7oz ....(tet-) P.M.6p
(East or West)
gad- Section Line.
(East or West)
Filing (UniI)
47'/L-
G (Address al well location) (City)
luI 1/4ol the %VI.() 1/4, Sec. (2 Twp. (.' .S , Range
(North or South)
Distances from Section Lines
L)S.=O Ft. from S -1 Section Line, (77%-50 FL from
(North or South)
Subdivision J )1t/t'rs Cray id 1(.P,(. Lot 4,..a. Block
4. The location of the existing well needs to be amended for the following reason(s): (Attach appropriate documentation as necessary)
J,-; CIEs/ 11 dile/ .v, it I&c.a,h...
5. I (we), the above listed owner(s) own the well described herein. I (we) have read the statements made herein,
know the contents thereof, and state that they are true to my (our) knowledge. [Pursuant to Section 24-4-104 (13)(a) C.R.S.,
the making of false statements herein constitutes perjury in the second degree and is punishable as a class 1 misdemeanor.]
Name\TRle (Please type or print) . ; Signature ! Date
I
lir,„) / L S,),,+,. ,7r�: ,/f) L ( °- 2y- 98
FOR OFFICE SE ONLY
APPROVED FOR ^ Cr - t T c OM PURSUANT
pp TO POLICYMEMC'..__._3_,:..:_:...LY 7. 1993
n CHECKS
RK ann.y.�-T�I�,y1 1 I` u l::
EngineerState By VV
Court Case No. Div. ..S— Co. 23 WD 31 Basin
. TSk43b7E9 10089B 20.00
gAiEn RE=uhn___
Date
MD
Commonwealth .Title Company
of Garfield County, Inc.
February 22, 2000
127 East 518 Street - IS 0. Box 352
Rifle, Colorado 81650
(970) 625-3300 FAX (970) 625-3305
Donald Smith
_4410 County Road 233
Rifle, CO 81650
RE: Owners within 200 Feet of tract 22 amended plat of Antlers Orchard
Development (Reception No. 496878)
Dear Donald,
According to the Garfield County Assessor's records the following are the owners
within 200 feet -of the above described property:
Russell G. and Susan M. Papke
1055 County Road 225
Rifle, CO 81650
Kim A. Aaberg
841 County Road 225
Rifle, CO 81650
Franklin Ryden
4860 County Road 233
Rifle, CO 81650
Michael G. and Lori M. Cain
888 County Road 225
Rifle, CO 81650
✓ Michael and Sharon Dooley
854 County Road 225
Rifle, CO 81650
J & M PUMP COMPANY
0241 COUNTY ROAD 167
GLENWOOD SPRINGS. CO 61601
(303) 945-6159
September 11, 1998
Donald Smith
4410 Co Rd 233
Rifle, Co 81650
RE: Well Test
Attn: Donnie,
a covE4 IUN U 9 20
A four hour well test was performed on a deepened well on your property
listed above. the following results were obtained:
Well Depth: 200'
Water Level: Surface
Drawdown: 190'
Sustained Yeild: 2 GPM
Calrity: Mirky to Clear
Iron content: 10 PPM Will need treatment
If you have any questions, please call, 945-6159. Thank You.
J & M Pump Co.
Richard A. Holub
Lic. No. 1196
LABORATORY 8 RADIATION SEAVCES
8100 LOWRY B/"" EVARD
yy DENVER. CC 0928
US MAIL
PO BOX 17123
DENVER. 0080217
WATER
BACTER' ')6Y
' II 1F
SAMPLE INFORMATION:
PWB ID
SmA79
NAME OF SYSTEM
,or" e,zzar
ADDRESS
❑ COMMUNITY 0 NONCOMMUNITY ® PRIVATE
❑ ROUTINE ® RAW 0 REPEAT FOR THE MONTH OF
❑ SPECIAL PURPOSE 0 FINISHED
GF/EGL R/'•
MG& AT �c
CHLORINE RE (DUAL
.tteF-i.EtD
CITY - COUNTY
ORDERED BY: (SAMPLE MAY NOT BETESTED IF ALL INFORMATION IS NOT PROVIDE))
VVo) (Z5 -1Tt 3
FEE STAMP
LAB 106 107971
PHONE
�1t10 D Z?3
ADDRESS
flE Oo/O. i/(PS
CITY/STATE/2
TEST ORDERED 0 STD BACT ❑OTHER
®u.
COLLECTED
/8/00 7 �Q AM
BY p s,
0 A
RECEIVED / / ❑pM
RESULTS: SEE REVERSE FOR E%PLLANARON
TOTAL COLIFORM PRESENT XABSENT
MOST PROBABLE NO
COUFORW1B0ML
ry1
❑DENVER ❑O D Ip ORO JCT. 5�
ANALYST
Timothy W. and Lynn A, Bohl
1451 County Road 259
Rifle, CO 81650
/ John R. and Rosemarie Troka
1359 County Road 294
Rifle, CO 81650
Kenneth R. Beck `R�33
Be3r893 y(QJg
If you have any questions please contact this office at 970-625-3300.
Sincerely,
Dean H. Hubbell
President/Owner
LABORATORY 8 RADIATION SERVICES US MAIL
8100 LOWRY P "'• EVARD PO BOX 17121
. DENVER. 00 -6928 DENVER. 0080217
WATE9
BACTER OGY
Fitt Pit./
I I ! 1 •
SAMPLE INFORMATION: 0 coMMUNRY 0 -co LI
PWS ID
-s TN west MGL
PwvA
❑ ROUTINE ® MW 0 REPEAT FOR THE MONTH OF
❑ SPECIAL PURPOSE 0 FINISHED
NAME OF SYSTEM
ADDRESS
CHLORINE RE (DUAL
/2,2r4,NPFArGa7
CITY COUNTY
ORDERED BY: (SAMPLE MAY NOT BE TESTED IF ALL INFORMATION I5 NOT PROVIDED)
( VVG) rD a 5 - z r9 3
PHONE
FEE STAMP
IAB 106 (0971
'L/
�ljl/D
ADDRESS
�Z?3
/fie
i
•
/(9S
CITY / STATE /Z
TEST ORDERED 0 STD BACT ❑OTHER
R
CV
•
E BY PS,
Q S4AM
COLLECTED 6/{l ✓/0 V Tom❑ vM
❑AM
RECEIVED / / ❑-
RESULTS: SEE REVERSE FOR EXPLANATION
TOTAL COLIFORM El PRESENT L(I ASSENT
MOST PROBABLE NO /-
COUFORM1100ML
0 DENVER ❑ o 6/0 I/y GRD. JCT.
ANALYST ///VVV111"'IIV��I/////
Form I o. OFFICE OF THF STATE ENGINEER
GWS -25 COLORADO D. .SION OF WATER RESOURCES
810 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
1303) 866.3581
APPLICANT
DONALD S. SMITH
4410 COUNTY ROAD 233
RIFLE, CO 81650
(970)625-2393
CHANGE/EXPANSION OF USE
NER'S COPY
1095
WELL PERMIT NUMBER :nJ77AH" -
DIV. 5 CNTY. 23 WD 39 DES. BASIN MD
Lot: 22 Block: Filing
Subdiv: ANTLERS ORCHARD DEVELOPMENT CORP.
APPROVED WELL LOCATION
GARFIELD COUNTY
NE 1/4 NW 1/4 Section 6
Twp 6 S Rng 92 W 6th P.M.
DISTANCES FROM SECTION LINES
4010 Ft. from SOUTH Section Line
2940 Ft. from EAST Section Line
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 the permit
does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested
water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval
of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation
Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-90-137(2)for the construction of a well, appropriating ground water tributary to the Colorado
River, 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 #000322-DS(a).
4) Approved for a change in use of an existing well, Permit No. 210916(canceled). The issuance of this permit hereby cancels
Permit No. 210916.
5) The use of ground water from this well is limited to ordi iThi 'u`seftold purposes inside ane`191 single farllily dvielling'end
one (1)!accessory dwelling, the irrigation of not more than 12,000 squargJeet (0 28 of an acre) of home gardens and lawns,
and the watering of domestic animals All ustof thus well will be'curtailed unless the water allotment c'ontract'01 8 plat j
for augmentation is=in
e ect: Physicna�l well address is:1057 County Ryad 225 Rifle, CO 81650.
kGV4- 6-f nfr.J7 Co.", rc.-9L
6) The maximum pumping rate shall not exceed 15 GPM.
7) The average annual of amount of ground water to be appropriated shall not exceed two (2) acre-foot (651,700 gallons).
8) 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.
9) The well shall be located not more than 200 feet from the location specified on this permit.
101 The owner shall mark the well in a conspicuous place with well permit numberls), name of the aquifer, and court case
numbers) as appropriate. The owner shall take necessary means and precautions to preserve these markings.
24
NOTE: Parcel Identification Number (PIN): 23-2179-062-00-579 '/��'�ro
Assessor Tax Schedule Number: 210964
APPROVED
DMW
Receipt No.
DATE ISSUED APR 0 7 2000 �kPIRATIQN DATEAPR 0 7 1
WEST DIVIDE WATER CONSERVANCY DISTRICT
124 WEST THIRD STREET P. O. BOX 1478
RIFLE, COLORADO 81650-1478
TELEPHONE AND FAX: (970) 625-5461
E-MAIL: wdwcd@rifle.net
March 28, 2000
Donald Smith
4410 County Road 233
Rifle, CO 81650
Dear Mr. Smith:
Enclosed is your apprbved;contract #000322DS(a). Please read the contract carefully if you have
not already done so, but please especially note`paagraph 2 concerning availability of water.
West Divide obtains its storage water from a number of sources including Ruedi Reservoir and Green
Mountain Reservoir which are Bureau of Reclamation projects. Federal policy relating to endangered
species, among other environmental concerns, provides that supplies from these reservoirs may be
interruptible. Moreover, the forces of nature are always such that no source of water can be
guaranteed from year to year. West Divide continues to make good -faith efforts to obtain alternative
long-term supplies in an effort to make reliable and predictable the water supply anticipated by your
contract with us.
This water allotment contract may require you to obtain a well permit from the State Engineer's
office. Once your well is drilled you are required to install a measuring device and submit a meter
reading to West Divide. You will be provided with a special form for this purpose upon notification
that your well has been drilled.
Non-compliance with measuring and reporting requirements are grounds for cancellation of your
water allotment contract with West Divide. This could result in action by the State Engineer which
could prevent your further use of your well.
Sincerely yours,
anet Maddock
Administrative Assistant
Enclosure
cc The State Division of Water Resources w/enclosure
Division No. 5 Water Resources w/enclosure
Kerry D. Sundeen, Hydrologist w/enclosure
Directors: Kelly Couey Samuel B. Potter William M. Zilm LaVerne Starbuck Robert J. Zanella
Revised 2/16/00
RR 0 4 '00
ContractNo. 000322DS (a)
Map ID No. 336
Date Activated 02/22/00
',14rr, scUrcgg
nr
APPLICATION AND DATA FORM TO'LEASIEWATER FROM
WEST DIVIDE WATER CONSERVANCY DISTRICT
A. APPLICANTn
Name /a, --/9/O/
Mailing Address 4/'//O Gaw4 /Rs 2-,l ,2,;71/£ ec, 8/6--0
Telephone '770 /eoz5 - 2-313 Authorized Agent or Representative
B. WATER RIGHT OWNED BY APPLICANT OR BEING APPLIED FOR
Name of Righ6T,n, nv wct Type of Structure or Right cc.6L L
Location of Point of Diversion (description from decree or permit) ,r/E%/ Alto 04 Te><,'o.✓4.
Twp
425 ,�N�.. ILW 6+4 P.wn '70/0 G4fro... 5
(D/✓. T C 'rK 23 wQ 1.543y OeS. �A ri.J n+/J) aqo t:+ Sro... E 3ecia.. L'
Water Court Case No. Well Permit No. Z l 011 co (Attach copy of permit)
C. INTENDED USE OF LEASED WATER
Location of Area of Use (Include metes and bounds legal description of property on which water right is to
be used. Maybe attached as Exhibit) T/2A-er Z 2 SEc!74n/ 6. i e,,.,.ds4i? (0
So v s'.4 ,2A+,j'/c ei z- wks_T o' -+-t,. (o*k Pim. REen4ded nvy, ,tc,, /59ta
As 2,ec.ezoli NO. "19G8-18
Total acreage of above -referenced parcel `i'. 367
Address of above -referenced property /0C? Corc,)51,, 2d aar,L.trk &.8f6fl
Description of Use Qcnmes-}fc ) /a r,.o n--�(+��,,,�,c1, (j arden 'nem -Qe, rnmetcta`
t k, e S'%o c k , Estimated Sq. Ft. of Lamm and Garen to be Irrigated .:),00 6
Method of Irrigation: Flood Sprinkler $, Drip Other
Total Number of Dwelling Units 02 Number of Constructed Units 1 Number of Vacant Lots 0
Potable Water System ty EL L Waste -Water Treatment System 5e,o /-:c
Type of Meter or Measuring Device 7/u4, �,E l-gie_ / 11-o40.k i2--,r.q\
Projected Monthly Volume of Leased Water Needed in Gallons:
THESE FIGURES ARE _ ACTUAL DIVERSIONS OR
(Actual diversions must be used unless contractee has an augmentation plan)
Jan. Feb. _ Mar. Apr. May
Aug. Sept. _ Oct. Nov. Dec.
Acre Feet
Maximum Instantaneous Demand
D. OTHER REMARKS
gpm
CONSUMPTIVE USE ONLY
June. _ July _
Annual Total Gallons
Date 3 - /'/' 0 0
Ap cant
Applicant
LD
IUO
REVISED 7/29/99
Name of Applicant:
Contract# 000322n5(a)
MaplD# 336
Date Activated 07 /27/00
WEST DIVIDE WATER CONSERVANCY DISTRICT
WATER ALLOTMENT CONTRACT/LEASE
57,7 714
Quantity of Water in Acre Feet: 2 -
Applicant,
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/lease to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of
this contract/lease 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. Cluantity: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point
of diversion from the Districts direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado
State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said
quantity in acre feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow,
storage or otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal
availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully
complies with all of the tans and conditions of this contract/lease. The District and the Applicant recognize that some of the District's decrees
may be in the name of the Colorado River WateConservation District, and the ability of the District to allot direct flow tight 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/lease shall be reduced pernanently 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: municipal, domestic and related uses, or commercial (except to the extent that Ruedi Reservoir water
may not be available for commercial as that tens is defined on Page 5 of Contract No. 2-07-70-W0547 between the United States and the
West Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon
land owned, leased, operated, or under Applicant's control
1
4. Decrees ant .very: Exchange releases made by the District c ✓ torage from Ruedi Reservoir and Green
Mountain Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the
Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources, and release or delivery of water
at 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 Districts 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 ofthe Applicant's allocation not delivered to or used by Applicant by the end of each water year (October 1), shall revert to the water
supplies of the District Such reversion shall not entitle Applicant to any refund of payment made for such water.
Water service provided by the District shall be limited to the amount of water available in priority at the original point of
diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees, may call on any
greater amount at new or alternate points of diversion. The District shall request the Colorado Division of Water Resources to estimate any
conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case.
5. Alternate Point of Diversion and Plan of Augmentation' Decrees for alternate points of diversion of the District's
water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree
is the exclusive responsibility of Applicant The District reserves the right to review and approve any conditions which may be attached to
judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant
acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water
rights contemplated herein, and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible
for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's
intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make
annual payments to the District based upon the amount of water allotted under this contract/lease.
In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and
institute legal proceedings for the approval of' such augmentation plan to allow the Applicant to utilize the water allotted to Applicant
hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own
augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under Paragraph 19 below. In
any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the
District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof
6. Contract/lease Payment Non-refrndable, 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.
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.
2
Annual payments Cot h year thereafter shall be due and payable by the ?limit 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, retum receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set forth in this
contract/lease or application. Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be
construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only.
If payment is not made within fifteen (15) days after the date of said written notice, Applicant shall at District's sole option
have no further right, title or interest under this contmWlease 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 contractfease 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 busted to, reimbursement of legal and engineering costs incurred in connection with
any water rights and adjudication necessary to allow Applicants use of such allotted water rights.
8. Assignment This contract/lease shall inure to the benefit of the heirs, successors or assigns of the parties hereto.
Anyassignment of the Applicants rights under this contract/lease shall be subject to, and must comply with, such requirements as the District
may hereafter adopt regarding assignment ofcontract/lease rights and the assumption of contmct/lease 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/leases. No assignment shall be recognized by the District except upon completion and filing of proper forms for change of
ownership.
Upon the sale of the real property to which this contract/lease pertains, Applicant has a duty to make buyer aware of this
contract/lease and proper forms for change of ownership must be completed.
9. Other Rule: Applicant shag bebound 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 Apxeement 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 ofUse: 7heDist ict 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/lease.
3
12. Use and Pi of Use: Applicant agrees to use the water in th nner and on the property described in the
documents submitted to the District at the time this contract/lease 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 pemtitted 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 tide 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/Lease 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 up to 6,000 square feet of lawn and garden.
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 frau the Colorado Division of Water Resources for commercial use/livestock watering at a horse boarding facility,
provided that in no event shall actual diversions exceed the amount of water provided by this Contmct/Lease.
Violation of this paragraph 15 shall be deemed to be a material breach of this Contract/Lease.
16. Well Permit: If Applicant intends to divert through a well, then Applicant must provide to District a copy e
Applicant's valid well permit before District is obligated to deliver any water hereunder.
17. Measuring Device or Meter Applicant agrees to provide, at its own expense, a totalizing flow meter with remote
readout to continuously and accurately measure at all times all water diverted pursuant to the terms of Applicant's water right and the terms
of this contact/lease Applicant agrees to provide accurate readings from such device or meter to District upon District's request. Applicant
aclmowledges that failure to comply with this paragraph could result in legal action to terminate Applicant's diversion of water by the State
ofColorado Division of WaterResourar. 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 ofdetennining applicants actual use of water.
18. Representations' By executing this contract/lease, 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 Ear Applicants own sources other than the District Applicant further acknowledges that the District
makes no guarantees, warranties, or assurances whatsoever about the quantity or gtality of water available pursuant to this contract/lease.
4
Shedd the District be moble to provide the water contracted for herein, no damages may be assessed against the District, nor may Applicant
obtain a refimd from the District
19. Costs of Water Court Filing and Aumnenration Plan' Should the District, in its own discretion, choose to include
Applicant's contract/lease 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 intoned 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 lessees 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/lease in the filing, such additional costs may be charged specifically to Applicant and not shared on a pro -rata basis by all
contractees lessees.
20. J3indinR Agreement This agreement shall not be complete nor binding upon the District unless attached hereto
is the form entitied "Application and Data Faro 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 teens 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 terns and conditions of this agreement.
21. Warning; IT LS THE SOLE RESPONSIBILJTY OF TIE; APPLICANTTO OBTAIN A VALID WELL PERMIT
OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS
CONTRACT/LEASE. IT IS THE CONTINUING DUTY OF THE APPLICANTTO 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/LEASES: IF APPLICANTS WELL OR OTHER WATER RIGHT THAT 15 THE
SUBJECT OF THIS CONTRACT/LEASE 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 APPLICANTS 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 1S MADE BY THE DISTRICT. IF THIS
ISA CONCERN TO APPLICANT, THIS CONTRACT/LEASE 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/LEASE IN WHICH EVENT ALL SUMS PAID BY APPLICANT FOR THIS CONTRACT/LEASE SHALL BE
IMMEDIATELY REFUNDED TO APPLICANT.
5
Applicant
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me on this day of \c.r c {l 20S by
\cynciA Sv.N,M\
Witness my hand and official seal.
My commission expires: IA/ -3/�3
ORDER
c�-
Public
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/lease shall be and is accepted by the District.
ATTEST:
WEST DIVIDE WATER CONSERVANCY DISTRICT
By /I /
Presider
AlancA 2-27 zoov
Secretary / Date
this contract/lease:
This contract/lease includes and is subject to the terms and conditions of the following documents which must accompany
1. Map showing location of point of diversion (use map provided)
2. Application and Data Form fully completed and signed
3.
6
DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENTS
STAMPFEL INVESTMENTS, a Limited Partnership, also known as A. J. Stampfel
Investment Company, Limited Partnership, ("Declarant"), as owner of certain real property in the
County of Garfield, State of Colorado, described as:
Amended Final Plat of Tracts 5, 11, 12, 21, 22, 27, 28, 37, 38, and 43, all in
Section 6, Township 6 south, Range 92 West, 6th P.M., Garfield County,
Colorado, as shown by the Amended Final Plat, antlers Orchard Development
Company , which amended Final Plat was filed for record with the County Clerk
and Recorder of said Garfield County as Reception No. 496878, on the 6th of
August, 1996.
(the "Property"), hereby makes the following declarations:
ARTICLE 1
STATEMENT OF PURPOSE AND IMPOSITION OF COVENANTS
1.1 trmosition of Covenants. Declarant hereby makes, declares, and establishes the
covenants , conditions, restrictions, and easements set forth below (the "Covenants") which shall
affect all of the Property. From this day forward, the Property shall be held, sold and conveyed
subject to this Declaration. These Covenants shall be run with the land and shall be binding upon all
persons or entities having any right, title, or interest in all or any part of the Property. including
Declarant, and their respective heirs, successors, and assigns, as well as any tenants, employees,
guests and invitees on the Property. These Covenants are imposed for the benefit of all owners of
Tracts located within the Property and create specific rights and privileges which may be enjoyed by
all such owners.
1.2 Declarant's Intent. Declarant desires to preserve, protect, and enhance the values of the
Property as a whole as well as each Tract; to ensure the attractiveness of all Tracts and the respective
improvements made thereon; to prevent any future impairment of the reasonable use of any Tract;
to guard against the construction of unsuitable structures; and to encourage the harmonious
development of the Property in a rural setting.
ARTICLE 11
DEFINITIONS
The following terms, as used in this Declaration, are defined as follows:
2.1. "Association" shall mean the Antlers Orchard Water Association, a Colorado nonprofit
association organized pursuant to the Uniform Unincorporated Nonprofit Association Act, C.R.S.
7-30-101,et.seq., as amended, or any successor to the Association by whatever name, charged with
the duties and obligation set forth in this Declaration.
1.
2.2 "Association Rules" shall mean the rules adopted by the Association.
2.3 "Owner" shall mean the owner of record, whether one or more persons or entities , of
a fee simple title to any Tract, but shall not mean or refer to any person or entity who holds such
interest merely as security for the performance of a debt or other obligation, including a Mortgage,
unless and until such person or entity has acquired fee simple title pursuant to foreclosure or other
proceedings.
2.4 "Tract" shall mean a parcel of land designated as such on the plat of the Property as
described above.
ARTICLE III
THE ASSOCIATION
3.1. Association's Responsibility for Irrigation System. The Association. subject to the rights
and obligations of the Owners set forth in this Declaration, shall be responsible for the management
and control of the irrigation water and water rights, ditch and ditch rights, consisting of 80 acre feet
of water from the silt Project, collectively referred to as the "water rights" which are owned by the
Owners and appurtenant to the respective Tracts but which must be utilized in cooperation with all
of the Owners of the Tracts.
3.2 Membership. Every person, by virtue of being an Owner, and for so long as such person
is an Owner, shall be a member of the Association. Membership shall be appurtenant to and may not
be separated from ownership of any tract. No Owner, whether one or more persons, shall have more
than one membership per Tract owned, but all of the person owning each Tract shall be entitled to
rights of membership and or use and enjoyment appurtenant to such ownership.
3.3 Rules and Regulations. The Association, from time to time and subject to the provisions
of this Declaration, may adopt, amend and repeal rules and regulations, to be known as the
"Association Rules," governing the use of irrigation water and the payment for the delivery of same.
A copy of the Association Rules in effect shall be distributed to each member within a reasonable time
following the effective date of the change.
ARTICLE IV
IRRIGATION WATER AND SHARED ROADS
4.1 Irrigation Ditches. The right to use irrigation ditches on the Property existing on the date
of this Declaration shall be preserved as the same is shown on the plat of the Property as referenced
above. The Association is hereby granted the right to maintain such ditches within said easements
and to enter upon each Tract as necessary to perform such maintenance. any Owner of a Tract over
which a ditch crosses shall be prohibited from taking water from such ditch above the amount
allocated to such Owner. No Owner shall obstruct or wrongfully divert the flow of water through
any ditch, or constructing anything within a ditch easement without the prior written approval of the
Association.
2
4.2 Ditch Maintenance. Owner of each Tract shall be responsible for the maintenance and
repairs to such Owner's pro -rata portion of the ditch above such Owner's divider box. Declarant will
install water division structures for each Tract upon sale of such Tract. there will be only one point
of diversion for each Tract located at the upper most point on each Tract along the ditchways. All
ditch assessments will be paid to the Association. A set of ditch rules will be established and amended
from time to time by the Association.
4.3 Road Maintenance. The Owners of Tracts 27, 38, and 43 will share equally in any cost
of repairs or maintenance on the first 476.43 feet of the access road to such Tracts for the purpose
of egress and ingress. The Owners of Tract 27 and Tract 38 will share equally in any cost of repairs
and maintenance on the next 473.61 feet of the access road for the purpose of egress and ingress.
The Owners of Tract 12 and Tract 28 will share equally in any cost of repairs and maintenance for
the first 812.96 feet of the access road to such Tracts for the purpose of egress and ingress.
ARTICLE V
WATER ASSESSMENTS
5.1. Assessments. The Declarant, for each Tract, hereby covenants, and each Owner of any
Tract, by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed, are
deemed to covenant and agree to pay to the Association annual and special assessments or charges
as provided in this Declaration for the purpose of using and maintaining the irrigation ditches and the
delivery of irrigation to the Property. the annual and special assessments, together with interest,
costs, and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon
the Tract against which each such assessment is made until paid. Each such assessment, together with
interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the Owner of
such Tract at the time when the Assessment fell due, and two or more Owners of a Tract shall be
jointly and severally liable for such obligations. No assessment shall be made for road maintenance
or snowplowing.
5.2. Calculation and Apportionment of Assessment. The Association shall prepare a budget
by February of each year estimating its net cash flow requirements for the next year and an estimate
of the Assessment to be charged each Owner, and the Association shall distribute the proposed
budget to the Owners. On or before March of each year, the Association shall approve the budget
in final form, and shall determine and levy assessments for the year. each budget shall include funds
for establishing and maintaining reserves for periodic repairs, replacement, and maintenance of any
ditches and other structures which must be replaced on a periodic basis, for capital improvements and
for deficiencies from the prior year's fund.
ARTICLE VI
PROPERTY USE RESTRICTIONS
6.1 Specific Requirements for Buildings. All building construction materials shall be new,
except for the limited use of antique treatments, fixtures and accessories.
3
6.2 Fences. All boundaries between Tracts shall be fenced with a four barbed wire or six
smooth wire standard class one wire. wire shall be supported by wood corner posts, properly braced,
and either steel or wood posts placed not over 15' apart. Cost of any fence between two Tracts shall
be borne equally by the Owners of the common boundary. Fencing shall be constructed within 30
days after closing and shall be performed by a professional fence builder. Any variance from this
agreement shall be approved in writing by the Association.
6.3. Subdivision of Tracts No Tract maybe subdivided.
6.4. Additional Housing Ktguesij<hous@(aot exceeding 1500 square foot in area may be
erected on a Tract, with properly approved water -and sewer and otherwise in accordance with all
governmental regulations.
6.5. Animals and Pets. All animals and pets shall be kept under the control of an Owner at
all times and shall not be permitted to run free on other Tracts. No dog shall be allowed to bark
excessively. should and dog chase or molest deer, elk, poultry or any domestic animals or persons,
or destroy or disturb property of another, the Owner of the offending dog shall be prohibited form
continuing to keep the offending dog on such Owner's Tract. If necessary, to protect wildlife or other
Owner's domestic animals, persons or property, additional steps, including the destruction of the
offending dog may be taken.
6.6. Drainage. No Tract Owner shall do or permit any work, construct any Improvements,
place any landscaping or suffer the existence of any condition whatsoever which shall alter or interfere
with the drainage pattern for the Property, or cause any discharge onto any adjacent property, except
to the extent such alteration and drainage pattern is approved in writing by any other affected
property owner.
6.7. Sanitation. No trash, ashes, garbage, rubbish, debris or other refuse shall be thrown,
dumped or allowed to accumulate on the Property. there shall be no burning of refuse. Each Tract
Owner shall provide suitable receptacles for the temporary storage and collection of refuse. all such
receptacles shall be screened from the public view and protected from wind, animals and other
disturbances. Each Tract shall be kept in a reasonably sanitary condition, free of offensive odors and
protected from rodent and insect infestations.
6.8. Outside Burning. There shall be no exterior fires, except ag permitted regulations,
barbecues, outside fireplaces and braziers. No Owner shall permit any condition upon such Owner's
Tract which creates a fire hazard or is in violation of fire prevention regulations.
6.9. Noise. No exterior horns, whistles, bells or other sound devices, except security devices
shall be placed or used on any portion of the Property. Owners shall not permit any noise or
disturbance on their respective Tracts which is offensive, disturbing or otherwise detrimental to any
other person.
6.10 Odor. No odor shall be emitted from any Tract which is noxious or unreasonably
offensive to others.
4
6.11 Obstructions. There shall be no obstruction or interference with the free use of any
easement, except as may be reasonably required for repairs.
6.12. Maintenance of Landscaping. Each Owner shall keep the landscaping situate on such
Owner's Tract in a neat and well maintained fashion, shall properly irrigate the lawns and other
planting on such Tract and shall otherwise maintain the appearance of such Tract in a first class
condition.
6.13. Hunting and Firearms. Firearms shall not be discharged on the Property and no hunting
shall be allowed.
6.14. Nuisances. No obnoxious or offensive activity shall be carried on within the Property
so as to unreasonably interfere with or disturb the use, enjoyment and access of any other occupant
of the Property, nor shall anything be done, permitted or placed thereon which is or may become a
nuisance or cause an unreasonable offense, embarrassment, disturbance or annoyance to others.
ARTICLE VII
ENFORCEMENT OF COVENANTS
7.1. Comoance. Each Owner or all other occupants of any part Tract on the Property shall
comply with the provisions of this Declaration and the Association rules as the same may be amended
from time to time.
7.2. Violation Deemed a Nuisance. Every violation of this Declaration is deemed to be a
nuisance and is subject to all the remedies provided for the abatement of same.
7.3. Who May Enforce. any action to enforce this Declaration and the Association Rules may
be brought by the Declarant or the Association on behalf of the Owners. If, after a written request
from an aggrieved Owner, neither of the foregoing persons commences an action to enforce same,
then the aggrieved Owner may bring such an action.
7.4. Remedies. Failure to comply with this Declaration and the Association Rules shall be
grounds for an action to recover damages or for injunctive relief to cause any such violation to be
remedied, or both. In addition, the Association shall have the right to enter upon the offending Tract
and take appropriate peaceful action to abate, remove, modify , or replace any structure, thing or
condition that may exist thereon contrary to the interest and meaning of this declaration and the
Association Rules. Any such action shall be at the expense of the Owner or other person reasonable
for the offending condition. All remedies set forth herein are cumulative and not exclusive.
7.5. No Waiver. The failure of the Association, the Declarant or any aggrieved Owner to
enforce this Declaration or the Association Rules shall not be deemed a waiver of the right to do so
for any subsequent violation or of the right to enforce any other part of this Declaration or the
Association Rules at any future time.
5
7.6. No Liability. No Owner as a member of the Association, the Declarant or any Owner
shall be liable to any other Owner for the failure to enforce any of this Declaration and the
Association Rules at any time.
7.7. Costs of Enforcement. If any legal action or other proceeding is brought for the
enforcement of this Declaration, the prevailing party shall be entitled to recover reasonable attorneys
fees and other costs incurred in such action or proceeding, in addition to any other relief to which
such party may be entitled.
ARTICLE VIII
DURATION, AMENDMENT AND REVOCATION
8.1. Term. This Declaration and any amendment or supplement hereto shall remain in effect
from the date of recordation until December 31, 2116. Thereafter this Declaration shall be
automatically extended for three (3) successive periods of ten (10) years each, unless otherwise
terminated or modified as provided below.
8.2. Amendment. Any provision of this Declaration may be amended, as to the whole or any
portion of the Property, upon the written consent of the Owners owning at least seven (7) of the ten
(10) Tracts. an instrument setting forth any such amendment executed and acknowledged by the
necessary number of Owners shall be evidence of the consent to and adoption of any such
amendment. any such amendment of this Declaration shall be immediately effective upon recording
in Garfield County.
8.3. Revocation. This Declaration may be revoked in its entirety, as to the whole or any
portion of the Property, upon the written consent of Owners owning at least seven (7) of the ten (10)
Tracts by an a written instrument duly recorded as set forth in the preceding section.
ARTICLE IX
MISCELLANEOUS PROVISIONS
9.1. Severability. This Declaration, to the extent possible, shall be construed or reformed so
as to give validity to all of its provisions. In the event any part of this Declaration is found to be void,
illegal, invalid or unenforceable under present or future laws, then , in such event, the remaining
provisions of this Declaration shall nevertheless be binding with the same effect as though such part
was deleted.
9.2. Construction. In interpreting words in the Declaration unless the context shall otherwise
provide or require, the singular shall include the plural, the plural shall include the singular, and the
use of any gender shall include all genders.
9.3. Captions. The captions and headings for the articles and sections of this declaration are
included for purposes of convenience only and shall not affect the construction or interpretation of
any provision.
6
9.4. Notice. Any notice of a violation of this Declaration or of nonpayment of any
assessment or other charge shall be in writing and shall be considered delivered and effective upon
personal delivery, or three days after posting, when sent by certified mail, return receipt requested,
the address of such member on file with the Garfield County Assessor at the time of such mailing.
Notice to the Association shall be considered delivered and effective upon personal delivery, or three
days after posting, when sent be certified mail, return receipt requested, to the Association at address
as shall be established by the Association from time to time by notice to the members. General
notices to all members or any classification thereof need not be certified, but may be sent regular first
class mail.
9.5. Conflicts Between Documents. In case of conflict between this Declaration and
Association rules, this Declaration shall control
DATED this gn day of l/illiraii.rt . 1996
STAMPFEL INVESTMENTS, a Limited Partnership,
also known as A.J. Stampfel Investment Company,
Limited Partnership
By: 1 /hti.�/
Carol L. Gentry, neralP/drtner
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
The foregoing instrument was acknowledged before me this on day of aCq.Ot
1996, by Carol L. Gentry as General Partner of STAMPFEL INVESTMENT$,/ a Limited
Partnership, also known as A.J. Stampfel Investment Company, Limited Partnership.
Wfl'Wy hand and official seal
ommtsstb f.expires:
IMINIEJ.WRIS8 111•loll111. ftcotOV;
My Commissio xpires
8 Mid 9.
Notary ublic ✓
A
STATEMENT OF AUTHORITY clitra O
27
1. The name of the nonprofit association: Antlers Orchard Water Association,W✓7(tt
Colorado nonprofit association, organized pursuant to the Uniform Unincorporated Nonprofit
Association Act, C.R.S. 7-30-101, et. seq., as amended.
2. The address in Colorado, including the street address, if any, of the nonprofit
association: P.O. Box 312, Rifle, Colorado, 81650,
3. The name or title of a person authorized to encumber or transfer an estate or
interest in real property held in the name of the nonprofit association: Owners of seven (7) of
the ten (10) tracts in the Amended Final Plat of Tracts 5, 11, 12, 21, 22, 27, 28, 37, 38, and
43, all in Section 6, Township 6 South, Range 92 West, 6th P.M., Garfield County, Colorado,
as shown by the Amended Final Plat, Antlers Orchard Development Company, which Amended
Final Plat was filed for record with the County Clerk and Recorder of said Garfield County as
Reception No. 496878, on the 6th of August, 1996. •
4. The action, procedure or vote of the nonprofit association which authorizes the
person to encumber or transfer the real property of the nonprofit association and which
authorizes the person to execute the statement of authority: A vote of owners of seven (7) of
the ten (10) tracts in the property as described above.
DATED this 40 day of August, 1996.
ANTLERS ORCHARD WATER ASSOCIATION,
a Colorado nonprofit association
By:
By:
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
STAMPFEL INVESTMENTS, a Limited
Partnership, also known as A.J. Stampfel
Investment Company, Limited Partnership
The foregoing instrument was acknowledged before me this at) day of
1996, by Carol L. Gentry as General Partner of STAMPFEL INVESTMENTS, Limited
Partnership, also known as A.J. Stampfel Investment Company, Limited Partnership, a member
of the Antlers Orchard Water Association, a Colorado ACL. rofit association.
9 rill
t
rr
,/4 t% al .951
i f
if
WITNESS my hand and official seal.
My commission expires:
My Commission expires
8-11.98
NS -25 COLORADO\VISION OF WATER RESOUF
818 Centennial Bldg., 1313 Sherman St., Denver. Colorado 802
1303) 866-3581
APPLICANT
DONALD S. SMITH
4410 COUNTY ROAD 233
RIFLE, CO 81650
(970)625-2393
PERMIT TO CONSTRUCT A WELL
ER'S COPY
1095
WELL PERMIT NUMBER 210 916
DIV. 5 CNTY. 23 WD 39 DES. BASIN MD
Lot: 22 Block: Filing:
Subdiv: ANTLERS ORCHARD DEVELOPMENT CORP.
APPROVED WELL LOCATION
GARFIELD COUNTY
NE 1/4 NW 1/4
Twp 6 S
Section 6
Rng 92 W
6th P.M.
DISTANCES FROM SECTION LINES
4010 Ft. from SOUTH Section Line
2940 Ft. from EAST Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall he used in such a way as to cause no material injury to existing water rights. The issuance of
the permit does not assure the applicant that no injury will occur to another vested water right or preclude
another owner of a vested water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2,
unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction
and Pump Installation Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-92-602(31(b)(II)(A) as the only well on a residential site of 9.367 acres described
as lot 22, Antlers Orchard Development Corp. Subdivision, Garfield County.
4) The use of ground water from this well is limited to ordinary household purposes inside a single family dwelling.
The ground water shall not be used for irrigation or other purposes.
6) The maximum pumping rate shall not exceed 15 GPM.
•
6) The return flow from the use of the well must be through an individual waste water disposal system of the
non -evaporative type where the water is returned to the same stream system in which the well is located.
7) This well shall be constructed not more than 200 feet from the location specified on this permit.
7/28,— S
NOTE: -Parcel Identification Number (PIN): 23-2179-062-00-579
Assessor Tax Schedule Number: 210964
APPROVED
DMW
/r7 2h, 'i//1 1.
sI"` ""` AUR 1.9 19QR AI lfl 1 9 9nnr
nATF ICCI IFIL FXOIn eTlrinl npT[
COLORADO DIVISION 01' W. :,R RESOURCES
DEPARTMENT OF NATURAL RESOURCES MO 4 'Qf)
1313 SI-IERMAN ST., RM. 818, DENVER CO 80203
phone - info: (303) 866-3587 main: 1303) 866-3581
RESIDENTIAL *(Note: You may also use this form to apply for liveatockwatering) Water Well Petinit-,Application
Review inatrrrcnnns prior to completing form Must be completed in black ink or typed
1. APPLICANT INFORMATION
6. USE OF WELL (check appropriate entry or entries)
Name or applicant
T -i /
,0 ONAIL a .. ....5 -4 -1//T
See instructions to determine totals) for which you may qualify --
0 A. Ordinary household use in one single-family dwelling
(NO outside use)
E B. Ordinary household use in 1 to 3 single-family
dwellings:
Number of dwellings: a -
Miffing Addeo.
«y'o CerK,.,t� g0/ 2-3 3
E Home garden/lawnniirrigation, not to exceed 1 acre:
area irrigated �yo00 51 sq. ft. 0 acre
ori �! State Zip code
2/ f lam- (p) g� v
® Domestic animal watering - (non-commercial)
0 C. Livestock watering Ion farm/ranch/range/pasture)
Telephone Number gadade .reel code)
j?O-- epzs - Z393
2. TYPE OF APPLICATION (check applicable box(es))
0 Construct new well DB Use existing well
❑ Replace existing well 0 Change / Increase Use
❑ Change (source) aquifer 0 Reapplicationl"wie.a permit)
0 Other:
7. WELL DATA
"'aetl' fl""""llot'
/S gpm
Annul amount" be wiuw,awn
Z acre-feet
Total depth
/ 8o feet
Agdf.r7-2iIo *% ft C&(o.4'iJEE
(o 57O,vide WA -kit Co.SEzA^cv
3. REFER TO (if applicable):
Water court cases
Permit
Z 10 1 ! (o
8. TYPE OF RESIDENTIAL SEWAGE SYSTEM
® Septic tank / absorption leach field
0 Central system
District name:
Verbal 1
-VE-
Monitoring hole acknowledgments
MH-
0 Vault
Location sewage to be hauled to:
Well name ora
_..,-).1,1 / Tfri
0 Other (attach copy of engineering design)
4. LOCATION OF WELL
county
&lit ge/e/
Quarter/suarter
N/— %
Quarter
N W %
9. PROPOSED WELL DRILLER loptionall
".me
uceee number
Section
(p
Township N or 5
io 0 ZI
flange E or W
9 Z 0 igi
AMMO.' Meridian
6+11-
10. SIGNATURE of applicants) or authorized
agent
Distance or well from section fines
'/0 /0 ft. from 0 N lids zgyo ft, from E E 0 w
The making of false statements herein constitutes
in the second degree, which is punishable as a class
demeanor pursuant to C.R.S. 244-104(13)(a).
the statements herein, know the contents thereof
that they are true to my knowledge.
perjury
1 mis-
I have read
and state
Wdllocation address if diNeen from applicant *Meese 01 elf pf"bm
/0 5`7 'C4 NNrr/Zd Z Z$- /2 f)C/E
For ,oveommt wall. only -distance end direction from old wdl to new well
feet direction
M ..,"'emnattaa
.a%'461
5. TRACT ON WHICH WELL WILL BE LOCATED
A. you meat check one of the following - see instructions
A.
Pa Subdivision: Name //M/l4,es aellirRKd
TiDa (-
GLee ✓Jt
Date/
7 - «-cis
lcerter 2- Z Block no. Filing/Unit
OPTIONAL INFORMATION
❑ County exemption (attach copy of county approval & survey)
Name/no. Tract no. Z Z.
u5G5 '"ao name
Dwn,nap ec.
mf ace elev.
❑ Mining claim )attach copy of deed or survey)
Name/no.
Office Use Only
DIV
CO
❑ Other (attach legal description to application)
-g C,
WD , /
B. STATE PARCEL
ID# (optional):
BA
C. at nem in van
T•36,--/
(• J(D%
D. Are you the owner of this propoty?
EYES 0 NO (if no - sea detailed inst.)
USE MD
E. Will this be the only well on this tract?
OYES ❑NO other wells ere on t -it tract - see detailed inst.)
Foran GWS -44 (11/95)
'111e Primed porliona of this form, ext \Jnliaire,I) (Aifferentinted) nd,lilimu,
Live her, nppra,ed try ll,e Colorado llo....slnle Cupmnixsino. (CDS).1-Y4) 1
11115 FORM 11AS INI'OIUTAN1' LEGAL CONSEVUY.NCYS AND THE PAlrl'IL. SIIouIl'coNsuiTi rl sl.ANII'IAxIlli ,,rII ER COUNS,I.l,lloltI{sI(:NI
VACANT LAND/ILVtivt AND RANO'
CONTItAC1" fO BUY AND SELL 1tEAL ESTATE
1. PA If1'I LS AND I'ItOI'LII'I'Y.
Donald S. Smith and Nancy Lee Smith temhPr 13 11 96
buy'r( I lllnyerl.(asjninl Icnunls/lulauls in -mutants)
agrees 10 buy, and the undersigned seller(s) (Sclled, agrees to sell, on the terms and conditions sol forth in this contract. the fallowing described real
[hale in me County or raf; ol.t , Cnlunla, In wan: Legal amended final plat of
Tract 22 in Section 6, Township 6 South, Range 92 W of the 6th P.M.
Garfield County, Colorado. As shown by amended final plat Antlers Orchord
Development Co. which amended Plat was filed for recording with Garfield
County Clerk and Recorder of said Garfield County as reception #496878,
August 6, 1996.
known as No. TBD
5l,,eI Ad Ku C'ily timate Lil,
together with all interest of Seller in vacalcd strccm, and alleys adjacent thereto, all easements and other appurtenances thereto. all inlprnren
thereon and all attached fixtures thereon. except as therein excluded (collectively the Property).
1-+NCt,IJSfoNSH'sxCLUSI f G. '11 it tit, 1 .n,. l.r lat. ;.,.hnh., 111,. LAb"'1. bum Ld iLru.nlmF
tract: lighting, (eating, plumbing, ventilating, and air conditioning fixtures. AN antennas, water sof
devices, inside telephone wiring and anleding blucks/jscks, pl:ons, nlirro
syltCllls pod controls, built ill vacuum syslcl
Properly wbcIhc
glar alarms. security
1•, uacrc'nm systems, built-in kilahen appliances, sprinkler
essorics), and garage door openers including remote controls: (bl if Mn the
sol on the dale of this contract: slornn windows, storm doors. window :out porch shades, awnings, blinds. screens,
(d) Water flights. Purchase price lo include the following water rights: 9 acre feet of Silt Project Water
(c) Crowing Crops. With respect to the growing crops Seller and Buyer agree us follows: all 1997 growing crops
will become the possession of the Buyer
Tim above-described included items (Inclusions) arc lex he conveyed to Buyer by Seller by bill of vile N/A
deal or other applicable legal instrument(s) at the closing. free and clear of all lases, liens and encunlhrunces, except as provided in Section 12. Th
following attached fixtures Ire excluded front Ibis sale:
3. PURCHASE ASB I'11ICK ANI) 'rums.
follows: (Complete the applicable Icons below.)
(n) Earnest
Money.
1000
.00 in lire form of personal check as earnest money deposi
price, payable to and held by Common Wealth Title Co.
account ms behalf of both Seller and Buyer. Broker is authorized to deliver the earnest money deposit to the dnsim
The balance off 64, 500.00 (porcine price less eines money) shall be paid as follows:
Elm purchase price shall be E
65,5 n0 00 [mythic in US. dollars by Hum ns
land part paynenl Of Ibe purchase
broker in its (rust
g agent, if any, at or before closing.
017111 at
4,5000
Plus closing costs to be paid by Ihlycr at dosing in fonds which comply .with n
include cash, electronic transfer funds, certified check, savings and loan teller's cheek, and cashier's check (Good I
Section 4, if the existing loan, balance at the line of closing shall by diflbre,,l from the loan balance in Section 3
Good Punts at closing or paid as follows: 1n cashier check
II applicable Colorado laws, which
'unds). Subject is the provisions of
, the adjustment shall be made in
f by Buyer obtaining a new loan. 'This loan will be secured by ::(Ism. yid. ele.l .—..decd of mist.
The loan shall be amortized over a period of years It mi rusimUcly E per
inducting principal and interest not to exceed ,W per annum. plus, if required b slcu ler,a dciusil of
of the estimated annual real estate):ues, properly insuranceprenlimgnn . gage insurance wenlimo. If the luau is an adjustable interest rate or
graduated payment 1°011,111c payments and interest rule i Intl not exceed the figures sem both ;Love.
Loan discount points, if any, shall be • en der al closingmld shall not exceed '1 of the Intal loan :manud.Notwithstand-
ing 11,loan's interest rat - sl limn dis '01101 p011111 shall be paid by
and the b' . h any, shall Its paid by
No. C1153-1.94. VACANT LAND/I'AItAI AND ILANCII CONrllAcr'(0 inn ANI :-11, I110A1....... Doge l of 4—OW13Y1�))mm-- II -1J %
Umdford Publishing, (143 Warm nn.,
51., D. hn IMF...
1 1 y Boyer's assuming and ::Freeing to pay an raiding luu11 in This approximate amount. luvsenlly Pav,bL
S I et Indo li a• 1 roes pal interest prawnlly vt
annum. and including escrow for the fulow-ing as indicated: 13 real estate taxes, I 1 lvuperiv :usuemv Pruamm. 11 mar lg:q:e MB!! nd Pot
to pay n Ioui Wander fee not to exceed S Al the on. ornsommuun.Ilse tits, inlcreq me shall Iml caarJ___ . _ .:.I
and Ilia new payment shall not exceed $ princiirt'Ind interest plus escrow, i(any.
Seller ❑shall CI shall 11l be released from liability on said loon. 1lewdlrable, compliance with 1110 requirements forselease Boni 1inhilil shall be evident.]
by delivery al dosing of an appropriate Idler from lender. Cost payable for release u1' liability ,hill be Bid by
in 711 vroom nal to exceed $
(c) Seller or Private Third -forty Wit:mein g.
$ by Buyer exec' ting a promissory note payable to:
an the 1010 furor s indicaled: (Check one box 0113
CI I(Ichl-Ir-C,rc NO) 12-11-83 GI No Right -to -Cure NFD 81-11-13
secured by a (Isis 2nd. etc.) decd of trust encumbering We Properly. using the forms 15 ndicamd: (Cir
C3 Strict Due -on -Sale (T1)72 -114X3) ['Creditworthy ('1D 73-11.113) 1:1 Assumable- Not clue an sale ('ID 7441
3)
me bas 011ly.)
U
The promissory note shall be amortized on the basis of Yells tensible 91 S Pcr
including principal and inlcresl al the rale of ^• per an mm, Pry we 111 le 11 roma c we
and shall be due un the day of each succeeding If not sooner Pahl. the balance of iii trip,! ant
accrued interest shall be due and payable -eller dosing Psymenls Ll shrill I l shall not 111
increased by of estimated annual real estate Lues, and CI shall 17 shall not be creased by or I:Wilralcd annual proper!!
insurance premium,
'Tlic loan shall also contain to following terms as indicated: I( any payment is not received set un edcndv drys Iflar its due Jan•, a talecl'arge
•% of such payment shallbe due. Interest on lender Jislmcmmcnls tinder the ecu uflrusl shall be T per nmm] Dcfaohinlcrus
rale shall be 7g per annual.
Buyer may prepay without a penally except
4. FINANCING CONDI FIONS AND OBLIGATIONS.
(a) Lunn Application(s). ' If Buyer is to pay all or part of the purchase price: wt Furth in Sccliun 3 ley obtaining n nese loan oe it an es Ming loan is not 10 It
released at closing, Buyer, if required by such lender, shall made written applir nn within calendar days from :Weedance of this contract. Boyce shn
cooperate with Seller and lender to obtain lours approval, diligently and lis ly pursue same in Laud faith. execute all d0cumm11 and (wettish all information am
documents required by the lender. and, subject to Section 3, timely pay tl cusps of obtaining such loan to lender consent.
(,) Lunn Approval. It Buyer is to pay all Or pan or the purchase p' a by obtaining:, new loan as specified in Section 3. this comran is cm,dilimad upon lender
approval of the new loan on or before 19 If int r'open ed l y slid dude this' met -I Will 1'e ,' •1
(c) Existing Lona Review. If an existing loan is nut 10 be r cued :t closing, Seller shall provide copies of the loan documents (including note, deed or true
notifications) to Buyer within calendar days fro acceptance of Ibis camlrad. !Lis Midi -ad is conditional upon Iluycr's review and approval or Ib
provisions of such loan documents. Iloycr consents 10 11 pruviaions of such Ion dn.0010ms if 10 written Objection is received by Seller from Buyer wvithi
caleuIir drys frost Buyer s receipt of ch documents. 1(111C lenders approval 01 a Ironslcr of Ibc Properly is regl'ircJ, this contract isrm,dili::n:
upon Buyer's ubtaining such approval without clan in the Ions of such loan. except as set faith in Scdinn 3. If lenders approval is not Obtained on or befor
19 this contract shall be terminated On such dale. If Scllcr is In he released from liability under such csislini hn
and Buyer does not obtain such compliance as a turd! 111 Sccliun 3. this contract tiny be terminaled al Seller's option.
(0) Assumption Balance. If Buyer is to ay all or part oftlm purchase price by assuming . an existing loan and if the actual principal b:lanceof Me existingloan:
the dale of closing is less than theanmun n Section 3 and the amount of cash rcgnire, from Buyer at rinsing is increased by nmre than$
then Buyer may terminale this contra eII'edive upon receipt by Seller of Buyer's written Pulite oflenuinaliun.
(e) Credit Infornalinn. If Bu r is to pay all or part of the purchase price by executing a promissory note in favor of Seller or if an existing loan is til lu I
released at dosing, this contras s coalitional upon Sellers approval of Buyer's financial ability and creditworthiness, which approval shall be al Seller's sole :m•
absolute discretion. In ruche c: (1) Buyer shall supply lu Seller on or before 19 71 Buy I's expanse. infornsnliono
documents concerning Bu is financial, employment and credit condition; (2) Buyer consents that Seller may verify Buyer's financial ability and crrditworlhincs
(3) any such informal' • s and documents received by Seller shall be (held by Seller in confidence. and not released to others except to prnlcd Sellers interest i
This transaction; (4) Seller docs not provide written nolicc of Seller's disapproval to Buyer on tr before 19
then Seller waive Ills emWition. If Seller docs provide written notice of disapproval to Buyer on Or before said dale. this comrad shall terminate.
5. AI'I'N. SAL PROVISION. (Check one bus only.)lLis Section 5 CI shall ID shall not apply.
If this elicit 5 applies, as indicated above, Buyer shall have the right m terminale Ibis contract if the purchase price exceeds the Property's valuation Jetrrn,im
by an nisei' engaged by If. Seller receives a copy of s:ch aiPraieal:
coria I notice from lender which confirms the Property's valuation is less than the purchase price. on or before
( praisal Deadline), this contract shall terminale. Buyer shall have the privilege and option of proceeding with consummation of thiscontract without regard to 11
l uun' of the appraised valuation. Upon closing. !layer waives Ory abjection to the Property's valuation, 1:
7. NOL' ASSIG NABLB. This contract shall not be assignable by Buyer without Seller:spri0r written consent. Except as so restricted, this contract shall nu
to the benefit of and be binding upon the heirs, personal representatives. successors and assigns of the parties.
8. EVIDENCE' Of q'rlLE. Seller shall furnish to Iloycr, al Sellers expemc, either a current commitment for owner's lisle insurance policy in :in :mutt
equal to the purchase price or at Seller's choice, asss'bsiraa ufaeh: cerbl',ed lou<Irfw'nsaMucnm ter before fah T996
(Title Deadline). If a line insurance commitment is famished, Buyer may require or:idle! tl
copies of instruments (or abstracts of instruments) listed in the schedule of exceptions (Exceptions) in the title insurance commitment also be furnished to Iloycr
Seller's expense. This requirement shall pertain only t0 instruments shown of record in IIIc office of the clerk and recorder of the designated cooly or ronnlia.1
Lille insurance conmtilmenl, together with any copies or nbslracls of instruments furnished pursuant ht Ibis ticeliwl II, mnslilule the title documents (Title Dm
meals). Buyer, or Buyer's designee, nsust request Seller. in writing, 10 11 0111511 0011105 ser abslrads of instruments listed in me schedule of cxttplions nn later III
5 calendar days after Title Deadline. If Seller furnishes n title imnrnnee voinmilmusl. Sailer will pay the premium at dosing and hew the liticinf,rfar
policy delivered to Buyer as soon as practicable after closing.
9. 2'1'1'LF,. --
(a)to. Bntcw, Buyer shall have the rdgl, to inspect llc Title Uocu mems or abstract. Written notice by Buyer of unmercmanla bilily of title or ofany 011
ansalis(adory titleconditios shown by the Title Documents or abstract shall be signed by or on lichalf of Wryer and given In Seller ,in or before 5 talent
days after Title Deadline, or within live (5) calendar days after receipt by Iluyer til any Title 1)ocuuw10s1 or rntorsen,enl(s) adding new lixrepliwnls1 to IIie ti
comnlilnletl together with a copy of the [isle Document adding new Cxce,lion(s) In Iitic. I f Sella docs not receive tlnycr's italics: by the dalc(s) specified :Jima. Hut
accepts the condition of Iilc as disclosed by the Title Documents as saisfaclnry. nallNu. CIIS3-I-94. Paige 2 of 4 L
\--
(b) Mellen Not Shown by the Public Records. Seller shall deliver to Buyer. on or before the Title Deadline set forth in Section IL true collies of all teasels) and
survent) in Sellers possession pertaining to Ile Properly :11111 Shall disclose 1,l Buyer all r calx, rens a other tine matters Inn shown by the 1,11610 retook of
which Seller has actual knowledge. Buyer shall have the deli' to impccl theu'
I'perly Ill d\9crnhine it ruby Ihinl paring h:1, any right 111 the Propel ly as shown !,y the
politic record) (sock recorded ea mcni, n1,recor,eel lrnaq 1,r l n lap li 1,e disciepa p). Wriuennmivref a1,yn1,l:1i0ruelurveolnlilionls idiecluwal 11,' Srlllr
,•. 'bun �'1 he u
Or revealed by such inspeclml shrill be signed by 1,r ors o-lr If fll ye' 1111: . 1511•' I Id r October 2511 •
If Sellar does 111,1 receive Buyer's melee by said dale. Boyer accepts title suhjcet to such rights. it any, of !Jul pm tics or ,vhiclt Buyer has actual k
(r) 8 pet 1111 DixlrivIa. SPECIALTA\INI: IilSrlll(:IS(MAY ilEswum] lu(:I:NI:IIAI.11111.11;AI1104 imitaI' rap:tans Ikm'IA nun ale 111!\I':NIll'.ti 14101,14 1.0
41114451 ANNIIA1'155 LEVIES ON'1'111:'IANAIIIA': 1'111,1'1211'1'1 WITIIIN Slll'll I/IN I I(I1l'.1. I1II0141:4l'V nn'NNIIS IN S11('11 III\III I("I'S 11A5111: 1'1.,,6:11 ,11 111.1x I1111
INCREASED (MIL 1.1:VIE\ ANI) 15Ck\SIVl:'IAS IlllpIENS TO Sul'1'oII I"I III: SI:avICIN(: of son twin' nu ir':111: llIlCp5INSANC1_ti ARISE 111.11111:11 40/ IN I1 145111111455111111' 11 \'
+5111:11 A IIIti1' MCI '11) DISCIIAI'(:1: 4411011 1N1)1.111'ISBN1<544 wl r Illltrl' 511(11 AN IN('l1YASl: IN 1111.1.1.1.111:4'. Ittn'IR SI111<I.I111: 1'111. 111:111' IINANCINI:
111)IIIarm1:N1) 04'1111: Atli 110R17.411 GENERAL (llll.lVAI ION INoI:11'1'1IINr:\ti In' Sll(:11 pIAl'111('I'S, ISL\11,41: 1111.1. I.EVII1 0I 5111.11 BISI'1lIC1' Sl:1p'ICINI:.411(11
INII1:11r(IINfss, ANI/ THE l'O'I ENI IAL 4044 AN INCREASE IN SUCH 1111.1.1.,:\'ll'S.
In the event the Property is Iocalcd within n special Lasing district and Buyer desires I1, Icrminale Ibis cambric! as a remll, if written notice is given to Seller on 1,r
before the Jam set forth in subsection 9 (h), this contract shall then terminale. If Seller does mol receive num ':s notice by the Jane specified :dune. Moyer accepts the
elfee( mine Property's inclusion in such special lazing Jislricl(a) and waives the right In so terminale.
(d) Right lu Cure, If Seller receives notice of unlncrchmlllabilily of(ilk or any other unsatisfactory lilir cn'dilinnis) as provided in snbw0liun (a) or (b) above.
Seller shall use reasonable effort to correct said unsatisfactory title ennditinn(s) prior to the date oftloxipiy. If Seller rails to corral said unsatisfactory tills contlitionls)
on or before the dine of dosing, this contract shall then terminale; provided. 110WCYCI, Buyer may, by lvliltm, notice received by Seller, un or before closing. waive
objection 10 said unsatisfactory hide cont it ion(s).
10. INSI'ECI'ION. Seller agrees to provide Buyer on or before N/A willrt Sell 'is l'rutterly
Disclosure form completed by Seller to the best of Seller's current acetal knowledge. Buyer or any designee. shall have the right to have inspection(%) of the physical
condition of the Properly and Inclusions, at Buyer's apense. If written notice of any tinsatisfaclnry condition, signed by or on behalf of lluycr, is not rereivcd by Seller
on or before N/A 19 N/A obi clime Ocadline), the physical condition of the properly and Inclusions shall he dttlned
10 be satisfactory to Buyer. Ifsuch unotice is received by Seller asset forth above:and if Buyer and Seller have not agreed, in writing, to a settlement thereof on or hdinc
N/A 19 N/A est 1 lion I)•ndlinc), Ills contract shall terminate three calendar days falls„'i'g ole Resolution Uc1110'0:
unlcx , with 1,, 111411,rcc calendar days, Seller receives wrillc,, notice from Buyms,,i ing objection In nay a nalix faclnry condition. (layer is rcsinnisible for and shall
pay for any datnnge which occurs to the Property and Inclusions as a result of such inspection.
u. DATE 01' CLOSING. . .the dam or dosing shall be Nn v Pmh pr 10 19 f16 or by mutual agreement at an earlier date. The boor
and place of closing shall be as designated by mark r Sntir5 Sr
12. TRANSFER Ohl TITLE. Subject o ent/ccor payment at closing al requinxrcina nn d' nfee by Buyer with 1,e othunJ
er lermaprovision.Jarcoc
Seller shall execute and deliver a good and sufficientisufficient, �)� 3yra R1: /% /r; 'c I lo Moyer, on closing. conveying the Properly frac and
o
clear of all faxes except the general taxes for the yc:Diosmg:w 1 1 '
Title shall he conveyed free and clear of all liens for special improvements
installed as of the dale of lluycr's signature (hereon, whether assessed or not; except (i) Jislrihnti,n trinity c:rselneuts (including cable TV). (11) those matters reflected
by the Title Documents accepted by Buyer in accordance with subsection 90,). (iii) (hose rights, if any. of third panics in 1110 Properly 11111 shown by tic public «curds
in accordance with subsection 9(1), (iv) inclusion of the Properly within any special taxing district. and (v) subject to building and zoning regolalimis.
13. PAYMENT OF ENCUMBRANCES. Any encumbrance required lo be paid shall be paid at or Isrorc closing from the proceeds of this transaction or
from any olllcr source.
' 14. CLOSING COSTS, DOCUMENTS AND SERVICES. Buyer and Seller shall pay. i11 Gond F14111s, their respective closing cosh and all other items
required to be paid al closing, except as otherwise provided herein. buyer and Seller shall sign and complete all customary or required doaumenls at or heron closing.
Fees for real estate dosing services shall nal exceed s 150 00 Ind shill be 'mid It dui ig by _aqua 1 hPtwPPn Puy() r and
Sp 1 1p ' The local (sorer ',min N/A % or the purchase price shall be pail al dosing
Any sales 'cod use les that inky lCerue because of this transaction shall
by
bc paid when due by
15. 1'1/ORATIONS. General teres for the year of dosing. based all the lases for the calendar year immediately preceeding closing, rents. water and sever
charges, owner's association dues, and interest 01, eonllnui ng loan(s) if' my and
drill bc prorated W dale ofclosing.
16. POSSESSION, Possession of tic Property shall be delivered to Buyer as folio vs: upon c1osIng and dPil vpr of deed
subject to the following Ivasc(s)1,r Iennncy(s):
If Seller, after dosing, fails 0 deliver possession on the dale herein specified. Seller shall be subject to
eviction and shall lx additionally liable to Buyer for payment of S 75 00 per ilt y (ions the dale or agreed possesJm, emu pnsscsaimn is dereercd,
17. CON 0111045 or AND DA MAGII'T0 I'IROI'E1TY. Except asoterwi.se provided in thiseonvan. the Property and Inclusions shall be delivered 11, the
condition existing as of the date of this contract, ordinary wear and tear CAcepied. In the acral the Properly shall he damaged by lire 1,r oiler casually prior to time of
closing, in an amount of not more Than len percent of the luta' purchase price, Seller shall be obligated to repair the same before the dale of closing. In the event such
dnnage is not repaired within said lime or if the damages exceed such Sino. this contract may Ise terminated at the option of Buyer. Should Buyer elect In carry out
this contract despite such damage. Buyer shall be entitled to credit for all the insu0111ec imuceds resulting from such damage In the Property and Inclusions. not
exceeding, however, the total purchase price. Should any Inclosion(s) ur service(s) fail or he damaged between the dale of this contract and the dale of closing or the
dale of possession, whichever shall be curlier, Iden Seller shall be liable for the repair or replacement of such I nchusinn(%) or service(s) with a 0111 of similar site. mac
and uoIlily. or an equivalent credit, less mw insurance proceeds receival by Buyer covering such repair or replacement. The rink of Ino for any damage 1,, growing
crops, by he or other casually shall be borne by the party entitled m the growing crops. if any, as provided i11 Stadion 2 and such party shall be entitled les aurin
meureec proceeds or benefits fur the growing crops. if any.
18. TIME OF ESSENCIs/REMEDII'S, Time is of essence hereof. If any nose or cheek received as earnest money thereunder cu. any cher payment due
hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is nal performed or waived as herein pnwidal, there shall be the following
remedies:
(a) Ile BUYER 151N DEFAULT:
(Check line box only.)
0 (1) Speciale Performance.
Seller may elect to treat this contract ns cancelled. in which east all payments and things of value received hereunder shall be fuehded and retained on behalf
of Seller, and Seller may recover such damages as may be proper, or Seller may elect to treat this contract as Icing in hull force mid ellbrl and Seller shall have
the right to specific performance or damages, or beth.
(2) Liquidated !Nonage,.
All payments and things of value received hereunder shall be forfeited by Buyer and retained all bclall'nf Seller and both panics shall thereafter be relented
from all obligutinns hereunder. It is agreed that such payments and things of value arc LIQUIDATE!) I)AMA(il!.S and (except as provided in mhseetiun fell
are SELLER'S SOLE AND ONLY REMEDY for Buyer's failure to perform the obligations hal this cunioto..Seller expressly waives the comedies uf.ylc'1'iliC
performs nvc and adJilional damages.
(b) 1p SELLER IS IN U EFAll C1':
Buyer may elect to (real This contract ars Can:died, ill which( case n11 payments and things of valor recent.' 1, „5kr shall be returned and Buyer may
recover such damages as may be proper, or Buyer may elect to Ireal this coli(,et us being in full tone and rA .1 Buyer shall lave the right W specific
performance or damages, or both.
(c) Cf/STS AND EXPENSES, •
Anything to the contrary herein notwithstanding, in We event ofany arbitration 0r litigation a rising it oflh, tut. the arbitrator or C1,ur1 shall award
10 the prevailing party all reasonable costs and expenses, including :Mornay fees.
N'n. CBS3-I-94. I'Ige 3 of .l
In. EARNEST MUNI:1' I IISI'Lrf1!. Nal,vi4'sbndint::''y Icnninmiun II( sroulrad. Ilmcr::til SLIlcr agree that, in 11 event of ct overly regarding;
the Cal lisr1/41and thingsor value held by ln,,kcrh•...losing anent, unless mutantmrMtn it et received ceived 1.y the Littler of the ca p and things of
r:duo. looker ort,i,ning.:ggent shall not he trgid.rd to take any nation hut may nttdhr
await ir,inn1)r al Wok( es or closing:'pen1S and n'h
011111)11 � disctclan, may
;met plead all panics mid dep^sit any romps or things of value Witt a ental of mnnPamnl jurisdiction and shall manner emus costs and reasonable allot nor fires.
211. A I 1 P:ItNA'I'IVI! DISPUTE BICSOLU'I'ION: NI EI I I:\IION. Ila dispute :irises between the parties relating, to this contract. the pat des agree m submit
the dispute to mediation. The parties willjoiMy appoint ao 3'cc pinhlc mediator and will share etltally 111 the cost of such nsdiatne I f nmdiation Frosts unsuccessful.
❑'c:nu lies may then proceed with such other means of disnulc resolution as they se dinette -
21. ADDI'1IONA L PROVISIONS:
A. Buyers have received a copy of the Covenants and agree to accept them.
/e1Dcf
( -2
f/ o4,
22. II ECOM M M,N I)X'I'I ON OF LEGAL COUNSEL. Ily sig nhq: this document, Iluycr and Seller ncknmvlcdgc INA the Selling Company or the Listing
Company has advised That this document has important legal consequences:mil has recommended the examination of title and consultation with legal and tax or
other counsel be1'nre signing this contract.
21. 'II•:IthIINArION. In the event this contract is terminated. all payments and things of value received hereunder shall he returned and the parties shall be
relieved of all obligations hereunder, subject to Section 19.
2-3.SI:LLING COMPANY III1ORER RELATIONSHIP. The selling broker, Mark C Sours- Sr
and its salesperson have been courted as ' t
Selling Company has previously disclosed in writing m the Iluycr that dill'acnl relationships me available which include buyer agency. seller agency. subagency, or
transaction.broker.
25. NO'I'IC U' 1'O III/VER. Any notice In Buyer shall be eductive when received by Buyer, oy if Ihis box is checked 0 when received by Selling Company.
26, N0IICP, TO SELLER. Any notice 10 Seth" shall heclliclivc when received by Scllcror Lining Company.
27. MODIIICA'rION 014 TI 11S CON'rnACl: No subsequent modification of any of the lentis of Ihis contract shall Ile valid, binding upon the parties, sir
uifurccablc unless mole in writing and signed by the parties.
211. EN'I'IIIP. ACIThEMILN'1'. This contract constitutes tie wire contract between the parties relating I0 the subject hereof, and any prior agreements
pertaining. Ibcrcln, wleiher oral or written, have them merged and integrated into this contract.
29. NOTICE OF ACCEPTANCE: COUNTERPARTS. 'Phis proposal shall expire unless accepted in Willing, by Buyer and Seller, as evidenced by their
siana111155 below, and the &tiring party receives notice of such acceptance on 1)r berme Se ptPmher 18 19 96 (Acceptance Deadline). If
ecpmd, Otis document shall became a contract between Seller and BoyceA ropy of this document may be executed by cath Party, separately. and when each party
has ueculed n copy thereof, such copies takes together shall he deemed to he a l,,11 and complete COII01151 between the parties.
Donald S. S
Dale allures signiure eptemher 13
IluycrAddress 441n ro Rd 233 /'-'
Se,? - �>J/�rtt/ i ir. t
sok,
Dam of Sellers 'intuiitum /icy' .,4 19 24—
/'
Seller's Address // /OH .11.4
,t -
t
Nancy Leto Smith
19 —91)_ Inc of Buyer's signore eptemher 14
Rifle. CO 81650
19 S&
Dam of Seller's signal arc 1'9
The undersigned Broker(s) acknowledges receipt ill the earnest money tlepnsil specified in Sectio 3, and Selling Company confirms its Broker Relationship as set
forth in Section 24. `
Setting Company lark r Snl(rs, Sr 430 Fairway Ave Rifle. CO R1fi50
Nuri mal Atrium.
Basi te� -Lie-�--.6.k< e1 ' o1;/3 (99'G
tee•
Liston Commmy lack C SOnrS, 5r
Ily:.
sin
430 Fajri,aNy Ave Rifle CO 81650
-.cat? 6,
Fafnir?),
Seitemher 13
INF
1996
NOI'h:: CInsi"g Instill lutes shoal,' be signet' at the time this mntrncl Is signet.,
No. CBSI-1Al. Page 4 of 4
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WITNESS my hand and official seal.