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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8"h Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com RECEIVED OCT 0 9 ZOOS G';"(MELD COUNTY BUILDING&PLANN1NG SPECIAL USE PERMIT Doc. # St) MV5 GENERAL INF 9RMATI ➢ Name of Property Owner: • Mailing Ad ress: • City: ; 7�/e A E-mail address: 624 (Please print legibly) vrl pc State: Zip Code: ' iek Telephone: ( ) Cell: ( -) . �7/) FAX: ( ) • Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc): • Mailing Address: Telephone: ( ) • City: State: Zip Code: Cell: ( ) • E-mail address: FAX: ( ) • Description of Special Use Requested: tV ➢ Street Address / General Location of Property: n(!] I l Ylo lo�. C t. esiO \V \.e ➢ Legal Description: KJr - ' WJE \ j,f (1)- Sr ion d`1 > Assessor's Parcel Number: o', - > Existing Use: ✓ Property Size (in acres) LO Cac.i M Zone District: fl Last Revised 7/1/08 3,2 --47,044-0-4,fri ( .,Lpm,„/J.,6 ,11,,t. , 4 Da a4e4,11 ez,t .&-,Yo_el, ,44 .474,1,2A, 41vt--/ eti)p-4/7 ;6e ez441..Z-- ./zeter,ve, evi-t-fr, e9-4eal,c,,,,, L4) W-2,/7/2 I. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, specifically respond to all the following items below and attach any additional information to be submifted with this application: 1. Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. 2. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4. Submit a vicinity map showing slope / topography of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing the subject property and all public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, private and public, and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the County Assessor's Office. You will also need the names (if applicable) of all mineral interest owners of the subject property, identified in the County Clerk and Recorder's records in accordance with §24-65.5-101, et seq. (That information may be found in your title policy under Exceptions to Title). 6. Submit a copy of the deed and a legal description of the subject property. 7. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. 8. Submit a statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; 9. Depending on the type of Special Use Permit requested, you may need to respond to additional review standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 & 5.03.08], Accessory Dwelling Units [section 5.03.21], Utility Zine/Utility Substations, etc. Specific sections of the Zoning Resolution which can be located on the Garfield County web site at htt :Ilwww. arfield coun .comlbuildin and lannin /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 3 opies 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. (!f Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested Special Use and the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed special use and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described in the paragraph above, shall be mailed to all owners of record as shown in the County Assessor's Office of Tots 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 t which is state is above and have provided the required attached information t anurate to the best of my knowledge. (Signature of Property Owner) (Date) 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. GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted wit '%plicatio moi_ GARFIELD COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for 41 (hereinafter, THE P OJECT). 6/) 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. Signature Date: 9'3— CP f).) Ale( Print Name Mailing Address: JE7ew/c-90,0 4t/e/' ,'/6572) 10/2004 (/coy: Page 4 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for 1�7,-,,,4.e_ (hereinafter, THE PROJECT). ,7 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or lana 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 notificationby 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 Date: (?—/--0 Print Name Mailing Address: xDo ljec---"re /64 17-.) 1012004 Pate 4 LOT 3 BOOMS PLACE LOT 4 004 .ot 4 440 mrurello North Exemption 1 2 c CO!jNTY ROAD NO. 21 7hr9oose Ranch Exemption b1' Lot 6 Lai 1 X4 191 524 Lot 62A 16.82 Ac.+ — "Del clAze,ei ctrie, J L611)7).41,4i trk a44,..6,_fia4" /70e-) i>jr74: t t�earl ■iIR 1111111 1111 1111 Iitra 4uI11111! 11111 lilt 11� 674949 05/25/2005 03:14P ,90 PS44 11 ALSDORF 1 of 2 R 11.00 D 50.00 GARFIELD COUNTY CO WARRANTY DEED _ Recorder. THS DEED, made this 24th day of May, 2005 Between GREGORY .1. TAMBURELLO AND ANNE E. TAMBURELLO of the a County of Garfield, and State of CO, grantor, and RONALD G. PERAU whose legal address is : 6501 County Road 214, New Castle, CO, 81647 of the County of Garfield and State of CO, grantee: WITNESSETH, That the grantor for and in consideration of the sum of $500,000.00 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, Tying and being in the County of Garfield and State of Colorado described as follows: Sec Attached Exhibit "A" 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 an 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 =sealing 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, self 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 2005 and subsequent years and all those specific exceptions described by reference to recorded documents as reflected in Commonwealth Title Company's Commitment No. 0505037 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 lural t singular, and the use of gender shall be applicable to all gender - WI SS,/lER the grantor has executed this deed on the date set forth ve. Gregorr,�3. Tamburello STATE OF COLORADO ss. COUNTY OF GARFIELD .7/ . Anne E. Tambur 1L� The foregoing instrument was acknowledged before me on May 24, 2005, by Gregory 1. Tamburello urello. '--7:—WITIsfESS..myhand and official -cal • My commission expires: Commonwealth File No. 0505037 Rewm to: Ronald G. ?crav 6501 County Road 716 New Castle CO 51647 DENNA ROOF NOTARY PUBLIC STATE OF COLORADO My Commission Expires 09127 • i 127 East 5th Street Rifle, CO 81650 Notary Public - (;7 File No. 0505037 1111 11111 HHIEIII IIIA !ill 11111 EIRE 11111111 _111 6.949 05/25/2005 03 14P BI690 P545 M ALSDORF 2 of 2 R 11.00 D 50.00 GARFIELD COUNTY CO EXHIBIT "A" A PARCEL OF LAND BEING A PORTION OF THE N1/2SEI/4 SECTION 2, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST 'A CORNER OF SAID SECTION 2, AN ALUMINUM CAP LS NO. 10871 IN PLACE; THENCE S00°30'06"E ALONG THE EASTERLY LINE OF SAID N1/2SEI/4 1320.36 FEET TO THE SOUTH 1/16 CORNER BETWEEN SECTIONS 1 & 2, AN ALUMINUM CAP LS NO. 16397 IN PLACE; THENCE DEPARTING SAID EASTERLY LINE S89°25'51 "W ALONG THE SOUTHERLY LINE OF SAID N 1/2SEI/4 A DISTANCE OF 1107.82 FEET(WHENCE THE SOUTHEAST 1/16 CORNER OF SAID SECTION 2, A BRASS CAP LS NO. 16397 IN PLACE, BEARS S89°25'51"W 211.68 FEET); THENCE DEPARTING SAID SOUTHERLY LINE NO1°44'38"W 676.81 FEET, THENCE S75°40'38"W 279.59 FEET; THENCE N38°33'33"W 145.12 FEET; THENCE N10°11'02"W 127.40 FEET; THENCE N00°00'00"E 442.76 FEET; THENCE N89°31'43"E 841.54 FEET; THENCE N0O°30'02"W 30.00 FEET TO A POINT ON THE NORTHERLY LINE OF SAID N1/2SE1/4; THENCE N8991'43"E ALONG SAID NORTHERLY LINE 659.45 FEET TO THE POINT OF BEGINNING. TOGETHER WITH the following water and water rights, ditches and ditch rights of way, title to which is not included in the warranties contained herein: The East Pond; and 1/2 of the Grantors interest in and to the water and storage rights out of the Green Spring; and 3.4 shares out of the Grand River Ditch. RESERVING unto the Grantors all mineral rights, but with no right of surface occupancy. Nage f of 5 Garfield Caunty Assessar/Trasurer Parcel Detail Information Assessor/Treasurer Property. Search 1 Assessor Subset Query J Assessor Sales Search_ Cleric B Recorder Reception Search Basic Buildini Characteristics I Tax Information Parcel Detail I Value Detail 1 Sales Detail J Residential/Commercial Improvement Detail Land Detail J Photographs 1 Mill Levy Revenues Detail Tax Area O21 Account Number 8210460 Parcel Number 217702400194 2007 Mill Levy 46.431 Owner Name and Mailing Address PERU, RONALD G. 200 DEER RON TRAIL RIFLE, CO 81650 Assessor's Parcel Description (Not to be used as a legal description) SECT,TINN,RNG2-9-93 DESC: A PCL OF LAND BEING A PT OF THE N2SE CONT 39.175 AC. BK:0508 P9:0866 BK:0508 PG:0860 BK:1839 PG:396 RECPT:706II8 BK:1761 PG:706 RECPT:689929 BK:1690 PG:544 RECPT:674949 BK:1555 PG:993 RECPT:645041 BK.0798 P9:0633 BK:0592 PG:0611 http://www.garcaact,com/assessor/Parcel.asp?AccountNumber=R2IQ48U 9/3/2008 Residential Building Occurrence f Characteristics I STORY: 572 PORCH, ENCLOSED, FINISHED: 144 TOTAL HEATED AREA: 572 ABSTRACT CODE: FARM/RANCH RESIDENCE -IMPS ARCHITECTURAL STYLE: I -STORY EXTERIOR WALL: AVERAGE ROOF COVER: COMP SHNGL ROOF STRUCTURE: GABLE INTERIOR WALL: DRYWALL FLOOR: SHT VINYL FLOOR: CARPET HEATING FUEL: GAS HEATING TYPE: STORIES: BATHS: ROOMS: UNITS: BEDROOMS: YEAR BUILT: HOT WATER STORIES 2.0 • 909 Additional Residential/Commercial Improvement Detail Tax Information Tax Year Transaction Typo Amount 2007 Interest Charge $8.00 2007 Tax Payment: Whole ($399.76) 2007 Interest Payment ($8.00) 2007 Tax Amount $399.76 ]f II http://www.garcoact.com/assessor/ParceLasp?AccountNumber=R2I0480 9/3/2008 Garfield County Road and Bridge Department P.O. Box 426 Rifle, CO 81650 Phone -(970)625-8601 Fax- (970)625-8627 Invoice Driveway Permit Number: GRB08-D-68 Invoice Date: 6/30/2008 Bill To: Ran Perau 200 Deer Run Trail Rifle , CO 81650 $75.00 per Driveway Permit. Driveway Permit Fee: Total Due: Thank You! $75.00 $75.00 00`\ Garfield County Application for Driveway Permit Person Obtaining Permit: Ron Perau Application Date: 6/30/2008 County Road Number: 210 District: Rifle Permit Number: GRB08-D-68 Termination Date: 7/30/2008 Inspector: Jake Mall hereby requests permission and authority from the Board of County Commissioners to construct a driveway approach (es) on the right-of-way off of County Road, 210, At Address of 1643 CR 210, located on the North side of road for the purpose of obtaining access to property. Applicant submits herewith for the consideration and approval of the Board of County Commissioners, a sketch of the proposed installation showing all the necessary specification detail including: 1. Frontage of lot along road. 2. Distance from centerline of road to property line. 3. Number of driveways requested 4. Width of proposed driveways and angle of approach. 5. Distance from driveway to road intersection, if any. 6. Size and shape of area separating driveways if more than one approach. 7. Setback distance of building(s) and other structure improvements. 8. No unloading of equipment on county road, any damage caused to county road will be repaired at subdivision expense. 9. Responsible for two years from the date of completion. General Provisions 1) The applicant represents all parties in interest, and affirms that the driveway approach (es) is to be constructed by him for the bona fide purpose of securing access to his property and not for the purpose of doing business or servicing vehicles on the road right of way. 2) The applicant shall furnish all labor and materials, perform all work, and pay all costs in connection with the construction of the driveway(s). All work shall be completed within thirty (30) days of the permit date. 3) The type of construction shall be as designated and/or approved by the Board of County Commissioners or their representative and all materials used shall be of satisfactory quality and subject to inspection and approval of the Board of County Commissioners or their representative. 4) The traveling public shall be protected during the installation with proper warning signs and signals and the Board of County Commissioners and their duly appointed agents and employee shall be held harmless against any action for personal injury or property damage sustained by any reason of the exercise of the Permit. 5) The Applicant shall assume responsibility for the removal or clearance of snow, ice, or sleet upon any portion of the driveway approach (es) even though deposited on the driveway(s) in the course of the County snow removal operations. 6) In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the entrance shall be surely braced before the fence is cut to prevent any slacking of the remaining fence and all posts and wire removed shall be turned over to the District Road Supervisor of the Board of County Commissioners. 7) No revisions or additions shall be made to the driveway(s) or its appurtenances on the right-of-way without written permission of the Board of County Commissioners. 8) Provisions and specifications outlined herein shall apply on all roads under the jurisdiction of the Board of County Commissioners of Garfield County, Colorado, and the Specifications, set forth on the attached hereof and incorporated herein as conditions hereof. 9) Final inspection of driveway will be required upon completion and must be approved by person issuing permit or representative of person issuing permit. The inspection and sign off must be done prior to any CO from the Building and Planning Department being issued. 10) Contractor agrees to all Provisions in Exhibit A. Special Conditions: 1. Driveway Width- As is 2. Culvert required? True Size: 15 inch by As is 3. Asphalt or concrete pad required? True Size of pad: As is for width 4. Gravel portion required? True Length: 40ft 5. Trees, brush and/or fence need to be removed for visibility? True 6. Distance and Direction: 7. Certified Traffic Control Required? False 8. Work zone signs required? True In signing this application and upon receiving authorization and permission to install the driveway approach (es) described herein the Applicant signifies that he has read, understands and accepts the foregoing provisions and: conditions and agrees to construe he drivewa (s) in accordance with the accompanying specification plan reviewed and approved by the Board of County Commissioners. g/62) Telephone Number: C170— 377 _ 7-7 / Permit granted 6/30/2008, subject to the provisions, specifications and conditions stipulated herein. For Board of County Commissioners' of Garfield County, Colorado: Representative of Garfield County Road and Bridge Signature Specifications 1. A driveway approach is understood to be that portion of the county road right -of way between the pavement edge and the property Iine that is designed and used for the interchange of traffic between the roadway and abutting property. 2. At any intersection, a driveway shall be restricted for a sufficient distance from the intersection to preserve the normal and safe movement of traffic. (It is recommended for rural residence entrances that a minimum intersection clearance of 50 feet be provided and for rural commercial entrances a minimum of 100 feet be provided.) 3. All entrances and exits shall be so Located and constructed that vehicles approaching or using them will be able to obtain adequate sight distance in both directions along the county road in order to maneuver safely and without interfering with county road traffic. 4. The Applicant shall not be permitted to erect any sign or display material, either fixed or movable, on or extending over any portion of the county road right-of-way. 5. Generally, no more than one approach shall be allowed any parcel or property the frontage of which is less than one hundred (100) feet. Additional entrances or exits for parcels having a frontage in excess of one hundred 100) feet shall be permitted only after showing of actual convenience and necessity. 6. All driveways shall be so located that the flared portion adjacent to the traveled way will not encroach upon adjoining property. 7. No commercial driveway shall have a width greater than thirty°(30) feet measured at right angles to the centerline of the driveway except as increased by permissible radii. No noncommercial driveway shall have a width greater than twenty (20) feet measured at right angles to the centerline of the driveway, except as increased by permissible radii. 8. The axis of an approach to the road may be at a right angle to the centerline of the county road and of any angle between ninety (90) degrees and sixty (60) degrees but shall not be less than sixty (60) degrees. Adjustment will be made according to the type of traffic to be served and other physical conditions. 9. The construction of parking or servicing areas on the county road right-of-way is specifically prohibited. Commercial establishments for customer vehicles should provide off -the -road parking facilities. 10. The grade of entrance and exit shall slope downward and away from the road surface at the same rate as the normal shoulder slope and for a distance equal to the width of the shoulder but in no case less than twenty (20) feet from the pavement edge. Approach grades are restricted to not more than ten percent (10%). 11. All driveways and approaches shall be so constructed that they shall not interfere with the drainage system of the street or county road. The Applicant will be required to provide, at his own expense, drainage structures at entrances and exits, which will become an integral part of the existing drainage system. The Board of County Commissioners or their representative, prior to installation, must approve the dimensions and types of aI] drainage structures. Note: This permit shall be made available at the site where and when work is being done. A work sketch or drawing of the proposed driveway(s) must accompany application. No permit will be issued without drawing, blueprint, or sketch. BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY CERTIFICATION AND AFFIDAVIT REGARDING ILLEGAL ALIENS The Contractor, whose name and signature appears below, certifies and agrees as follows: 1. The Contractor shall comply with the provisions of C.R.S. 8-17.5-101 et seq. The Contractor shall not knowingly employ or contract with an illegal alien to perform work for the Board of County Commissioners of Garfield County, Colorado ("BOCC") or enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien. 2. The Contractor represents, warrants, and agrees that it has verified that it does not employ any illegal aliens; that it has participated or attempted to participate in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security; and otherwise shall comply with the requirements of C.R.S. 8-17.5-102(2)(b). 3. The Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If the Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101 et seq., the BOCC may terminate work for breach and the Contractor shall be liable for actual and consequential damages to the State. 4. If the Contractor is a sole proprietor, the undersigned hereby -swears or affirms under penalty of perjury under the laws of the State of Colorado that (check one): xI am a United States citizen, or I am a Permanent Resident of the United States, or I am lawfully present in the United States pursuant to Federal law. I understand that this sworn statement is required by law because I am a sole proprietor entering into a contract to perform work for the BOCC. I understand that state law requires me to provide proof that I am lawfully present in the United States prior to starting work for the BOCC. I further acknowledge that 1 will comply with the requirements of C.R.S. 24-76.5-101 et seq. and will produce the required form of identification prior to starting work. I acknowledge that making a false, fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the criminal laws of Colorado as perjury in the second degree under C.R.S. 18-8-503. CERTIFIED and AGREED to this CONT day of (Contracto By: Sign-ture of Authorized Rep ull Legal Name) , 2 0 0 5". FEIN or Social Security Number Title Permit Number: GRB08-D-57 Exhibit A other 1. Permit Owner : 2. Address: Driveway Permit Check Off Form 0700 liee2 %," %/et ; I 3. City: Carbondale 81623 New Castle 81647 Parachute 81635 4. Phone No: Glenwood Springs 81601 Silt 81652 Other Fax No: 371-7717 5. County Rd. No: Rifle 81650 /D 6. Nearest Intersection or address: 7. Distance from Int. or address: 8. Direction from Int. or address: N 9. Side of road: N 10. Width of driveway: 30 -foot 7 Other: 11. Culvert required: E ri E I 40 -foot S S W W 100 -foot 1 J s J S 1:0r Yes No 12. Size of culvert required: 12 -inch Other: 13. Length of culvert required: 30 -foot 14. Asphalt or concrete pad required: 15 -inch 18 -inch 40 -foot Yes 451 s No 15. Size of pad: 30 -foot wide X 10 -foot long X 4 inches thick: Yes 40 -foot wide X 10 -foot long X 4 -inches thick: Yes 100 -foot wide X 20 -foot long X 4 -inches thick: Yes Other: I S Co » 1,4 ct. -- 16. Gravel portion required: Yes 17. Length of gravel portion: 40 -foot y 50 -foot 18. Trees or brush removed for visibility: Yes rK1 19. Distance and direction from driveway to be removed: No 100 -foot No 20. Driveway must be no more than 3 % slope away from County road. 21. Drive must be constructed so no drainage accesses County road from driveway. 22. Certified traffic control required: 23. Work zone signage only required: Yes LJ No Yes jwi No 24. Stop sign required at entrance to. County Rd. Yes No 134 25. Inspection of driveway will required upon completion and must be approved by person issuing permit or representative of person issuing permit. 26. Person Requesting Permit: 27. Person issuing permit: 28. District permit issued in: 29. Date checklist completed: 1 2 [X 3 o)l p d� Account: Tax Year: Parcel: Mill Levy: Estimated Tax: PROPERTY PROFILE R210813 2008 217701300321 46.431000 1,762.06 Account Type: Version: 20080402000 Area ID: 021 APR District: Status: * This Mill Levy is from the most recent tax roll ,..19,91 90 F9 BALDWIN, TERENCE D & MARY C 507 COUNTY ROAD 223 RIFLE, CO 81650 000507 223 COUNTY RD RIFLE, CO 81650 Assessment Information A SECT,TWN,RNG:1-6-93 DESC: A TR IN SWSW PRE:R210487 BK:1269 PG:625 RECPT:584566 BK:0898 PG:0652 BK:0810 PG:0228 BK:0804 PG:0472 BK:0779 PG:0880 BK:0762 PG:0047 BK:0713 PG:0452 Assess' fi g fNi' fix '' N 10,390 391,260 401,650 10,390 391,260 401,650 3,010 34,940 37,950 0 35.000 0 37,950 3,010 34,940 37,950 0 35.000 0 37,950 GARFIELD PROPERTY PROFILE Account: R005129 Tax Year: 2008 Parcel: 217702400471 Mill Levy: 46.431000 Estimated Tax: 1,281.96 Account Type: Version: 20080402000 Area ID: 021 APR District: PAUL Status: A * This Mill Levy is from the most recent tax roll K. aass alio" lestIf HEYDE, CHARLES E & KELLIE J 1842 COUNTY ROAD 210 RIFLE, CO 81650 rjr.p OC 001842 210 COUNTY RD RIFLE, CO 81650 Assessment Information SECT,TWN,RNG:2-6-93 DESC: A TR IN THE SESE OF SEC 2 AKA LOT 2 AZEEZ EX. PRE:R210482 BK:443 PG:577 BK:1125 PG:407 BK:0564 PG:0768 BK:1159 PG:869 RECPT:555134 • V 414 175,000 171,800 346,800 13,930 13,680 27,610 0 0 9.986 27,610 K' 4's i t fwd ‘.2,1 -L1.2 -41—L Z_}4� �%i.Ci`.T,ii.•� 175,000 171,800 346,800 13,930 13,680 27,610 0 9.986 27,610 GARFIELD PROPERTY PROFILE Account: R005128 Tax Year: 2008 Parcel: 217702400470 Mill Levy: 46.431000 Estimated Tax: 1,091.13 Account Type: Version: Area ID: APR District: Status: * This Mill Levy is from the most recent tax roll at! WOOD, DAVID M & BEVERLY 1750_COUNTY ROAD 210 RIFLE, CO 81650 001750 210 COUNTY RD RIFLE, CO 81650 Assessment Information 20080402000 021 PAUL A SECT,TWN,RNG:2-6-93 DESC: A TR IN THE SESE & NESWSE OF SEC 2 AKA LOT 1 AZEEZ EX. PRE:R210482 BK:443 PG:577 BK:1125 PG:407 BK:0564 PG:0768 BK:1811 PG:970 RECPT:700363 BK:1188 PG:673 RECPT:563849 BK:1132 PG:522 RECPT:546435 wassito 185,000 110,170 295,170 185,000 110,170 295,170 14,730 8,770 23,500 14,730 8,770 23,500 0 12.164 0 0 12.164 0 23,500 23,500 GARFIELD PROPERTY PROFILE Account: R210481 Tax Year: 2008 Parcel: 217702400230 Mill Levy: 46.431000 Estimated Tax: 2,044.82 Account Type: Version: 20080402000 Area ID: 021 APR District: Status: * This Mill Levy is from the most recent tax roll 0 PRADO, ALICIA MENDOZA & JESUS 1743 COUNTY ROAD 210 RIFLE, CO 81650 001743 210 COUNTY RD RIFLE, CO 81650 Assessment Information 240,000 313,310 553,310 eSePriPtipt A SECT,TWN,RNG:2-6-93 DESC: A PCL IN THE N2SE CONT 22.094 AC. BK:1555 PG:997 BK:0562 PG:0154 BK:1814 PG:580 RECPT:700944 BK:1761 PG:706 RECPT:689929 BK:1555 PG:993 RECPT:645041 BK:1555 PG:989 RECPT:645040 BK:0855 PG:0594 BK:0855 PG:0595 BK:0782 PG:0813 BK:0662 PG:0427 BK:0605 PG:0065 Assessed Rl�.r 19,100 24,940 44,040 3 Fi0_sy�t 0 18.094 0 44,040 240,000 313,310 553,310 19,100 24,940 44,040 0 18.094 0 44,040 G GARFIELD PROPERTY PROFILE Account: R210706 Tax Year: 2008 Parcel: 217702100271 Mill Levy: 46.431000 Estimated Tax: .00 Account Type: Version: 20080427001 Area ID: 021 APR District: Status: * This Mill Levy is from��the most recent tax roll s�sxraoiimatio f, may s eta TAMBURELLO, GREGORY J. & ANNE E. 362 PANORAMIC. DR SILT, CO 81652 TWN 6 RGE 93 SEC 2, CO Assessment Information D SECT,TWN,RNG:2-6-93 DESC: SENE SUC:R043929 TO:R043931 BK:0623 PG:0591 BK:0619 PG:0389 BK:0607 PG:0007 BK:0605 PG:0075 BK:0605 PG:0065 BK:1555 PG:993 RECPT:645041 BK:1531 PG:675 RECPT:639206 BK:1531 PG:463 RECPT:639163 BK:0818 PG:0770 BK:0755 PG:0303 BK:0662 PG:0435 ti ,444,74 'TT!, L.:.l�xl�. e. VeiYalief L 0 0 0 0 0 0 0 0 0 0 �E sZ i. it ,.ter 3 -ik sSt je t`' • 777 0 0 0 0 0 0 0 0 0 0 -04A- rATW,74.7 ,T4 -7E117777776'. vrt-'}f �tsL i,-, a kr K$ 3b- -{�-+$-'�Fa � Sr s.,� Fis GARFIELD PROPERTY PROFILE Account: R210884 Tax Year: 2008 Parcel: 217701300350 Mill Levy: 46.431000 Estimated Tax: 1,746.27 Account Type: Version: 20080402000 Area ID: 021 APR District: GREG Status: A * This Mill Levy is from the most recent tax roll BARKER, NELLA D. .1.973.COUNTY ROAD 210 RIFLE, CO 81650-8705 001973 210 COUNTY RD SILT, CO 81652 Assessment Information ,..1.`1:-1114. SECT,TWN,RNG:1-6-93 DESC: A TR IN THE NWSW OF SEC 1. P.RE:R210483 B.K:0981 PG:0796 BK:0919 PG:0827 185,000 %185,000 287,380 472,380 185,000 287,380 472,380 14,730 22,880 37,610 •S 5 . 14,730 22,880 37,610 a".241. 0 0 0 37,610 0 7.045 0 37,610 GARFIELD PROPERTY PROFILE Account: R210883 Tax Year: 2008 Parcel: 217701 300349 Mill Levy: 46.431000 Estimated Tax: 1,610.23 Account Type: Version: 20080402000 Area ID: 021 APR District: PAUL Status: A * This Mill Levy is from the most recent tax roll y{ i,iS:._.�'�,E�q rYi+Yg 1 a RAV -9194--,210211 �F`D Ysr ANTONELLI, NORMAN L. & LORI J. 1977 .COUNTY ROAD.210 RIFLE, CO 81650-8705 001977 210 COUNTY RD SILT, CO 81652 Assessment Information SECT,TWN,RNG:1-6-93 DESC: A TR IN NWSW OF SEC 1. ARE:R21.04_83_BK:0992PG:0743 BK:0925 PG:0448 BK:0920 PG:0787 011701:1$#P40% .nom 165,000 11 270,770 435,770 13,130 21,550 34,680 0 0 or y W -5 rt 4y� ti• 7.045 34,680 165,000 270,770 435,770 13,130 21,550 34,680 0 0 7.045 34,680 GARFIELD PROPERTY PROFILE Account: R210885 Tax Year: 2008 Parcel: 217701300351 Mill Levy: 46.431000 Estimated Tax: 1,328.86 Account Type: Version: Area ID: APR District: Status: * This Mill Levy is from the most recent tax roll ROGERS, TOMMY L. & LISA J. 1969 COUNTY ROAD 210 RIFLE, CO 81650-8705 001969 210 COUNTY RD RIFLE, CO 81650 Assessment Information 20080402000 021 GREG A SECT,TWN,RNG:1-6-93 DESC: ATR IN NWSW OF SEC 1. PRE:R210483 BK:0947 PG:0715 BK:0944 PG:0708 BK:0944 PG:0706 BK:0944 PG:0704 BK:0919 PG:0827 • S T. it LI I 151" 341 165,000 194,640 359,640 165,000 174,780 339,780 13,130 15,490 28,620 13,130 13,910 27,040 0 0 7.045 28,620 0 0 7.045 27,040 GARFIELD 111111111111111111111111111 Iilil 1111111 Il'i 11111 11i11111 674950 05/25/2005 03:16P 01690 P546 M ALSDORF 1 of 4 R 11.00 D 0.00 GARFIELD COUNTY CO LF THIS FORM 15 USED EN A CONSUMER CREDIT TRANSACTION. CONSULT LEGAL COUNSEL THIS ISA LEGAL INSTRUMENT. IF NOT UNDERSTOOD, LEGAL, TA%OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. DEED OF TRUST (Due on Transfer - Strict) THiS DEED OF TRUST is Erode on May 24, 2005, between Ronald G. Perau (Borrower), whose address is 6501 County Road CO 81647; and the Public Trustee of the County in which the Property (see paragraph I) is situated (Trustee); for the bent Tambureilo and Anne E. Tamburello, as joint tenants with full rights of survivorship (Lender), whose address is 1743 County Ro 81650. Borrower and Lender covenant and agree as follows: 1. Property in Trust. Borrower, in consideration of the indebtedness herein recited and the trust herein created, hereby gran Trustee in trust, with power of sale, the following described property located in the County of Garfield, State of Colorado: A PARCEL OF LAND BEING A PORTION OF THE N1/25E1/4 SECTION 2, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF COUNTY OF GARFIELD, STATE OF COLORADO. SAiD PARCEL. OF LAND BEING MORE PARTICULARLY DESCRIBED FOLLOWS: - of Gregoe ED 210, RiO DEC 2 8 2007 and conveys to PUBLIC TRUSTEE 6 I IELD COUNTY BEGINNING AT THE EAST'/. CORNER OF SAID SECTION 2, AN ALUMINUM CAP LS 140. 10871 iN PLACE; THENCE S00°30'06"E ALONG THE EASTERLY LINE OF SAID N I/2SE1/4 1320.36 FEET TO THE SOUTH 1/16 CORNER BETWEEN SECTIONS 1 & 2, AN ALUMINUM CAP LS NO. 16397 IN PLACE; THENCE DEPARTING SAID EASTERLY LiNE S89°25'51 "W ALONG THE SOUTHERLY LINE OF SAID N1/2SE1/4 A DISTANCE OF 1107.82 FEET(WHENCE THE SOUTHEAST 1/16 CORNER OF SAID SECTION 2, A BRASS CAP LS NO. 16397 IN PLACE, BEARS S89°25'5t"W 211.68 FEET); THENCE DEPARTING SAiD SOUTHERLY LINE NOl°44'38"W 676.81 FEET, THENCE S75°40'38"W 279.59 FEET; THENCE N38°33'33"W 145.12 FEET; THENCE N 10°1 I'02"W 127.40 FEET; THENCE N00°00'00"E 442.76 FEET; THENCE N89°31'43"E 841.54 FEET; THENCE N00°30'02"W 30.00 FEET TO A POINT ON THE NORTHERLY LiNE OF SAiD N 1/2SE I /4; THENCE N89°3I'43"E ALONG SAiD NORTHERLY LINE 659.45 FEET TO THE POINT OF BEGINNING. TOGETHER WITH ANY AND ALL WATER AND WATER RiGHTS, DITCHES AND DITCH RIGHTS OF WAY. which has the address of TBD Co. Rd. 210 Rifle CO 81650 (Property Address), together with all its appurtenances (Property). 2. Note; Other Obligations Secured. This Deed of Trust is given to secure to Lender: A. the repayment of the indebtedness evidenced by Borrower's note (Note) dated May 24, 2005, in the principal sum of 5200,000.00 U.S. Dollars, with interest on the unpaid principal balance from May 24, 2005, until paid, a1 the rale of 7.5% percent per annum, with principal and interest payable at 1743 County Road 210, Rifle CO 81650 or such other piece as the Lender may designate, in monthly payments of One Thousand Two Hundred Fifty dollars and no/100 Dollars (U.S. 51,250.00) due an the 241h day of each month beginning June 24, 2005; such payments to continue until the entire indebtedness evidenced by said Note is fully paid; however, if not sooner paid, the entire principal amount outstanding and accrued interest thereon, shall be due and payable on 5 years after closing; The financing on this property is an interest only loan that will adjust the interest rate 10 1 1/2° over national prime every 6 months. and Borrower is to pay to Lender a late charge of 10% of any payment not received by the Lender within 10 days after payment is due; and Borrower has the right to prepay the principal amount outstanding under said Note, in whole or in part, at any time without penalty except MAY BE PREPAID WITHOUT LIMITATION. B. the payment of all other sums, with interest thereon at 10% per annum. disbursed by Lender in accordance with this Deed of Trust to protect the security of this Deed of Trust; and C. the performance of the covenants and agreements of Borrower herein contained. 3. Tide. Borrower covenants that Borrower owns and has the right to grant and convey the Property and warrants title to the same subject to general real estate taxes for the current year, easements of record or in existence, and recorded declarations, restrictions, reservations and covenants, if any, as of this date and except 4. Payment of Principal and interest. Borrower shall promptly pay when due the principal of and interest on the indebtedness evidenced by the Note, and late charges as provided in the Note and shall perform all of Borrower's other covenants contained in the Note. 5. Application of Payments. All payments received by lender under the terms hereof shall be applied by Lender first in payment of amounts due pursuant to paragraph 23 (Escrow Funds for Taxes and insurance), then to amounts disbursed by Lender pursuant to paragraph 9 (Protection of j,.ender's Security), and the balance in accordance with the terms and conditions of the Note. No. TD71-7.96. DEED OF TRUST (Due °n TnraferStrlct) 05050)7 Pate I of 1 A larder 6. Prior Mortgages end Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any prior deed of bust and any other prior liens. Borrower shall pay all taxes. assessments and other charges, fines and impositions attributable to the Property which may have or attain a priority over This Deed of Trust, and leasehold payments or ground rents, if any. in Lhe manner set out in paragraph 23 ( Escrow Funds For Taxa and Insurance) or. if not requited to be paid in such manner, by Borrower nuking payment when due, directly to the payee thereof. Despite the foregoing, Borrower shall not be required to make payments otherwise required by this paragraph if Borrower, after notice to Lender, shall in good faith contest such obligation by, or defend enforcement of such obligation in, legal proceedings which operate to prevent the enforcement of the obligation or forfeiture of the Property or any part thereof, only upon Borrower making all such contested payments and other payments as ordered bythe court to the registry of the court in which such proceedings are filed. 7, Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Prope,ry insured against loss by fire or hazards included within she term 'extended coverage' in an amount al least equal to the lesser of (1) the insurable value of the Property or (2) an amaml suffkimt to pay the sum secured by this feed of Trust as well as any prior encumbrances on the Property. All of the foregoing shall be known as "Property Insurance". The insurance carrier providing the insurance shall be qualified to write Property Insurance in Colorado and shall be chosen by Borrower subject to Lender's right to reject the chosen carrier for reasonable cause. All insurance policies and renewals thereof shall include a standard mortgage clause in favor of Lender, and shalt provide that the insurance carrier shall notify Lender at least ten (10) days before cancellation, termination or any material change of coverage. Insurance policies shall be furnished to Lender at or before closing. Lender shall have the right to hold the policies and renewals thereof. in the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Insurance proceeds shall be applied to restoration or repair of the Property damaged, provided such restoration or repair is economically feasible and the security of this Deed of Trust is not thereby impaired. If such restoration or repair is nor economically feanbke or if the security of this Deed of Truss would be impaired, the insurance proceeds shall be applied to the suras secured by this Deed of Trust, with the excess, if any. paid to Borrower. If the Property i$ abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is given in accordance with paragraph 16 (Notice) by Lender to Borrower That the insurance gorier offers to saute a claim for insurance benefits. Lender is authorized to collar and apply the insurance proceeds, al Lender's option, either to restoration or repair of the Property or to the sum secured by this Deed of Trust. Any such application of proceeds to principal shalt not extend or postpone the due dare of the insIallmeats referred to in paragraphs 4 (Payment of Principal and Interest) and 23 (Escrow Funds for Taxes and Insurance) or change the amount of such installments. Notwithstanding anything herein to the contrary, if under paragraph 18 (Acceleration; Foreclosure, Other Remedies) the Property is acquired by Lender. all right, risk and interest of Borrower in and to any insurance policies and in and to the proceeds thereof resulting from damage to the Property prior to the sale or acquisition shall pass to Lender to the extent of the sums secured by this Deed of Trust immediately prior to such sale or acquisition. All of the rights of Borrower and Lender hereunder with respect to insurance carriers, insurance policies and insurance proceeds arc aubjecl to the rights of any holder of a prior deed of must with respect maid insurance camera, policies and proceeds. 8. Preservation and Milntenance of Property. Borrower shall keep the Property in good repair and shill not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold. Borrower shall perform all of Borrowers obligations under any declarations. covenants, by-laws, rules, or other documents governing the use, ownership or occupancy of the Property. 9. • Protection of Lender's Seeurhy. Except when Borrower has exercised Borrowers rights under paragraph 6 above, if the Borrower fails to perform the covenants and agreements contained in this Dad of Trust. or if a default occurs in a prior hen, or if any action or proceeding is commenced which materially affects Lenders interest in the Property, then Lender, at Lender's option, with notice to Borrower if required by law, may make such appearances, disburse such sums and [oke such action as is necessary to protect Lender's interest, including, but not limited to: (a) any general or special taxes or ditch or water assessments levied or accruing against the Property; (6) the premiums on any insurance necessary to protect any improvements comprising a part of the Property; (c) sums due on any prior lien or encumbrance on the Property. (d) if the Property is a leasehold oris subject to a lease, all sums due under such lease; (e) the reasonable costs and expenses of defending, protecting, and maintaining the Property and Lender's interest in the Properly, including repair and maintenance costs and expenses, costs and expenses of protecting and scouring the Property, receivers fees and expenses, inspection fees. appraisal fees. court costs. attorney fees and costs, and fees and costs of an anomey in the employment of the Lender or holder of the certificate of purchase; {Q all other costs and expenses allowable by the evidence of deb[ or this Decd of Trust, and (g) such other costs and expenses which may be authorized by a court of competent jurisdiction. Borrower hereby assigns to Lender any right Borrower may have by reason of any prior encumbrance on the Property or by law or otherwise to cure any default under said prior encumbrance. Any amounts disbursed by Lender pursuant to (his paragraph 9, with interest thereon, shall become additional indebtedness of Borrower secured by this Deed of Trust. Such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and Lender may bring suit to collect any amounts so disbursed ptus interest specified in paragraph 2B (Noir; Other Obligations Secured). Nothing contained in this paragraph 9 shall require Lender to incur any expense or lake any action hereunder. 10. Inspection. Lender may make or cause to be made reasonable entries upon and inspection of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefore related to Lenders interest in the Property. f I. Condemnation. The proceeds of any award or claim for damages, dim; or consequential, in Connection with any condemnation or other taking of the Properly, or part thereof, or for conveyance in lieu of condemnation, ore hereby assigned and shall be paid to Lender as herein provided. However, all of the rights of Borrower and Lender hereunder with respect to such proceeds are subject so the rights of any holder of a prior decd of Truer. In the event of a total taking of the Properly, the proceeds shall be applied to the sums secured by this Deed of Trust, with the excess, if any. paid 10 Borrower. In the event of a partial taking of the Property, the proceeds remaining after taking out any part of the. award due any prior lien holder (net award) shell be divided between Linda and Borrower, in the same ratio as the amount of the sums secured by This Deed of Trust immediately prior to the dare of laking bears to Borrower's equity in the Property immediately prior to the date of taking. Borrower's equity in the Property means the fair market value of the Property less the amount of sums secured by both Ibis Deed of Trust and a6 prior liens (except taxes) that are to receive any of the award, all at the value immediately prior to the date of taking, Ifthe Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond l0 Lender within 30 days after the dale such notice is given, Lender is authorized to collect and apply the proceeds, al Lenders option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust. Any such application of proceeds to principal shall not extend or postpone the due date of the installments referred to in paragraphs 4 (Payment of Principal and Interest) and 23 (Escrow Funds for Taxes and Insurance) nor change the amount of such installments 12. Borrower Net Released. Extension of the lime foe payment or modification of amortization of the sums secured by This Deed of Trust granted by Lender to any successor in interest of Borrower shall nor operate to release, in any manner, the liability of the original borrower, rror Borrower's successors in interest, from the original terms of this Decd of Trust. Lender shall not be required to commence proceedings against such successor or refuse t0 extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower nor Borrowers successors in interest I 3. Forbearance by Lender Hol a %Valver. Arty forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by law, shall not be a waiver ora preclude the exercise of any such right or remedy. 14, Remedies Cumulative. Each remedy provided in the Note and this Dud of Trust is distinct from and cumulative to all other rights or remedies under the Note and this Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or successively. 15. Successors and Assigns Boyd; Joint and Several LlabIllty; Captions. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure lo. the respecieW successors and assigns of lender and Borrower, subject 10 the provisions of paragraph 24 (Transfer of the Property; Assumption). All covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs in this Teed of Trust are for convenience only and are not to be used to interpret or define the provisions hereof. No. T1)72.2-96. 1111111 11111 1111111 I IJ1i NI1I 1111111111 11111 311111 674950 05/25/2005 03:16P 91690 P547 M ALSDORF 2 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO Pale 2 or e 16. Notice.' Except for any notice required by law to be given in another manner, (a) any notice to Borrower provided for in this Dad of Trust shill be in writing and shall be given and be cf ective upon (1) delivery to Borrower or (2) mailing such notice by first class US. mail, addressed to Borrower al Borrowers address staled herein or at such other address as Borrower ntay designate by notice to Lender as provided herein, and (b) any notice to Lender shall be in writing and shall be given and be effective upon (1) delivery to Lender or (2) mailing such notice by fnoltlass U.S. mail. to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Deed of Trust skall be deemed to have been given to Borrower or Lender when given in any manner designated herein. 17. Goveroing Law; Severability. The Note and this Deed of Trust shall be governed by the law of Colorado. In the event that any provision or clause of this Decd of Trust or the Nott conflicts with the law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end the provisions of the Deed of Trust and Nae arc declared lobe severable. 19. Acceteralloa; Foreclosure; Other Remedies. Except as provided in paragraph 24 {Transfer of the. Property; Assumption). upon Borrowers breach of any covenant or agreement of Borrower in this Deed of Trust, or upon any default in a prior lien upon rise Property, (unless Borrower has exercised Borrowers right under paragraph 6 above), al lender's option, all of the sums secured by this Deed of Trust shall be immediately due and payabk (Acceleration). To exercise this option, Lender may invoke the power of sok and any other remedies permitted by law. Lender shall be entitled to collect all seasonable costs and expenses incurred in pursuing the remedies provided in this Deed of Trust, including, but not limited to, reasonable attorney's fees. 11' Lender invokes she power of salt, Lender shall give written notice to Trustee of such election. Trustee shall give such notice to Borrower of Borrowers rights as is provided by law. Trustee shall record a copy of such notice as required by law. Trustee shall advenise the time and place of the sale of the Property, for not less than four weeks in a newspaper of general circulation in each county in which she Properly is situated, and shall mail caplet of such notice of sok to Borrower and other persons as prescribed by law. After the lapse of such time as rrray be required by law. Trustee. without demand on Borrower, shall sell the Property at public auction to the highest bidder for cash at the time and place (which may be on the Properly or any par thereof as permitted by law) in one or more parcels as Trustee assay think best and in such order as Trustee may determine. Lender or Lenders designee troy purchase the Property al any sale. It shall not be obligatory upon the purchaser at any such sale to see to the application of the purchase money. Trustee shall apply the proceeds of the sale in the following order: (a) to all reaSOnabk costs and expenses of the sal, including. but not limited to, reasonable Trustee's and attomey's fees and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons kgally entitled thereto. 19, Borrower's Right to Cure Default. Whenever foreclosure is commenced for nonpayment of any sums due hereunder, the owners of the Property or parties liable hereon shall be entitled to cure said defaults by paying all delinquent principal and interest payments due as of the dale of cure, costs, expenses, (ale charges, attorney's fees and other fees ll in the_ manner provided by law. Upon such payment, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as though no Acceleration had occurred, and the foreclosure proceedings shall be discontinued. 2B. Assignment of Resits; Appointment of Receiver; Lender In ►osseasiOn. As additional seauriry hereunder. BOROWer hereby assigns to Lender the rents of the Property; however, Borrower shall, prior to Acceleration under paragraph 38 (Acceleration; Foreclosure; Other Remedies) or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Lender or the holder of the Trustee's certificate of purchase shall be entitled to a receiver for the Properly after Acceleration under paragraph 18 (Acceleration; Foreclosure; Other Remedies), and shall also be so entitled during the lime covered by foreclosure proceedings and the period of redemption, if any; and shall be entitled thereto as a matter of right without regard to the solvency or insolvency of Borrower or of the then owner of the Property, and without regard to the value thereof. Such receiver may be appointed by any Court of competent jurisdiction upon ex pare application and without notice - notice being hereby expressly waived. Upon Acceleration under paragraph 18 (Acceleration; Foreclosure; Other Remedies) or abandonment of the Property, Lender, in person, by agent or by judicially -appointed receiver, shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Properly including those past due. All rents collected by Lender or the receiver shall be applied, first, to payment of the costs of preservation and management of the Property, second, to payments due upon prior liens, and then Witte sums secured by this Decd of Trust. Lender and the receiver shall be liable to account only for those rents actually received. 21. Release. Upon payment of all sums secured by this Deed of Trust. Lender shall cause Trustee to release this Deed of Trust and shall produce for Trustee the Note. Borrower shall pay all costs of recordation and shall pay the statutory Trustee's fees. If Lender shall not produce the Note as aforesaid, then Lender upon notice in accordance with paragraph 16 (Notice) from Borrower 10 Lender, shall obtain, at Lender's expense, and file any lost instrument bond required by Trustee or pay the cost thereof to effect the release of this Deed of Trust. 12. Waiver of Eaemptlonr. Borrower hereby waives all right of horryestesd and any other cxemplton in the Property under state Or federal law presently existing or hereafter enacted. 23. Escrow Funds for Tares and laauranen. This paragraph 23 is not applicable if Funds as defined below are being paid pursuant to s prior encumbrance. Subject to applicable law, Borrower shall pay to Lender, on each day installments of principal and interest are payable under the Note, until the Note is paid in full, a sum (herein referred to as 'Funds") equal to n/a of the yearly taxes and assessments which may attain priority over this Deed of Trust, plus 0/a of yearly premium installments for Property insurance, all as reasonably estimated initially and from lime to time by Lender on the basis of assessments and bills and reasonable estimates thereof, laking into account any excess Funds not used or shortages. The principal of the Funds shall be held in a separate account by the Lender in trust for the benefit of the borrower and deposited in an institution the deposits or accounts of which are insured a guaranteed by a federal or state agency. lender shall apply the Funds to pay said taxes. assessments and insurance premiums. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills. Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge an annual accounting of the Funds showing credits and debits to the Funds and she purpose for which tach debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Deed of Trust if the amount of the funds held by Lender shall not be sufficient to pay taxes, essessmeros and insurance premiums as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency within 30 days from the dam notice is given in accordance with paragraph 16 (Notice) by Lender to Borrower requesting payment thereof. Provided however, if the loan secured by this feed of Trust is subject to RESPA or other lam regulating Escrow Accounts, such deficiency, surplus or any other required adjustment shall be paid, credited or adjusted in compliance with such applicable laws. Upon payment in full dell sums secured by this Deed Of Trust, Lender shall simultaneously refund to Borrower any funds held by Lender. If under paragraph 18 (Acceleration; Foreclosure; Other Remedies) the Property is sold or the Property is Otherwise acquired by Linder, Lender shall apply, no later than immediately prior to the sok of the Properly or its acquisition by Lender, whichever occurs first, any funds held by Lender at tet lime of application as a credit against the sums secured by this Deed of Trust. 24. Transfer of the Property; Assumption. The following events shall be referred to herein as a 'Transfer': (i) a transfer or conveyance of title (or any portion thereof, legal or equitable) of the Property (or any part thereof or interest therein), (ii) the execution of a contract or agreement creating a right to title (or any portion thereof, lege[ or equitable) in the Property for any part thereof or interest therein), (iii) or an agreement granting a possessory right in the Property (or any portion thereof), in excess of three (3) years. (iv) a sale or transfer of, or the execution of a convector agreement creating a right to acquire or receive, more than fifty percent (50%) of the controlling interest or more than fifty percent (50%) of the beneficial interest in the Boreown, (v) the reorganization, liquidation or dissolution of the Borrower. Not to be included as a Transfer arc (1) the creation of a lien or encumbrance subordinate 10 this Deed of Trust, (11) the creation of a purchase money security interest for household appliances. or (iii) a transfer by devise, decent or by operation of the law upon the death of a joint tenant. Ai the election of Larder, in the event of each and every transfer: (a) All sums secured by this Deed of Tnisl shall become immediately due and payable (Acceleration), (b) If a Transfer oceans and should Lender not exercise Lender's option pursuant to this paragraph 24 to Accelerate, Transferee shall be deemed to have assumed all of the obligations of Borrower under this Deed of Trust including all sums secured hereby »helher or not the instrument evidencing such conveyance, contract or grant expressly so provides. This covenant shall run with the Property and remain in full force and effect until said surras ore paid in full. The Lender may without notice to the Borrower deal with Transferee in the same manner as with the Borrower with reference to said sums including the payment or credit to Transferee of undisbursed reserve Funds on payment in full of said sums, without in any way altering or discharging the Borrower's liability hereunder for the obligations hereby secured. No. TU724-96. 1 111111111111111111111111111111111111111 11111 1111 1111 674950 05/25/2005 03:16P B1690 P548 M RLSDORF 3 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO �?) Page3of I nidal (c) Should Lender not elect to Accelerate upon the occurrence of such Transfer then, subject to (b) above, the mere fact of a lapse of time or the acceptance of payment subsequent to any of such events, whether or not Lender had actual or constructive notice of such Transfer, shall not be deemed a waiver of Lender's right to make such election nor shall Lender be estopped therefrom by virtue thereof. The issuance on behalf of the Lender of a routine statement showing the status of the loan, whether or not Lender had actual or constructive notice of such Transfer, shall not be a waiver or estoppel of Lender's said rights. 25. Borrower's Copy. Borrower acknowledges receipt of a copy of the Note and this Deed of Trust. IF BORROIS NATURAL PERSON(s): nal G. Perau STATE OF COLORADO ) SS. COUNTY OF GARFIELD EXECUTED BY BORROWER. The foregoing instrument was acknowledged before me on May 24, 2045, by • Ronald G. Perau Witness my hand an' My Commission ex, , s: DFNNA ROOF NOTARY PUBLIC OF COLORADO �, •,, :�;, ,;,; t�3tC - xpres 0912712005 Notary Public 127 East 5th Street, Rifle CO 81650 Address *If a natural person or persons, insert the name(s) of such person(s). If a corporation, insert, for example, "John Doe as President and Jane Doe as Secretary of Doe & Co., a Colorado corporation." If a partnership, insert, for example, "Sam Smith as general partner in and for Smith & Smith, a general partnership." No. TD72-7-46. Page 4 of 4 1111111 11111 1111111 1111 1111 11111 111111111 1 1111 HAM 674950 05/25/2005 03 16P 81690 P549 M ALSDORF 4 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO Garfield County Road and Bridge Department P.O. Box 426 Rifle, CO 87650 Phone -(970)625-8601 Fax- (970)625-8627 Invoice Driveway Permit Number: GRB08-D-68 Invoice Date: 6/30/2008 Bill To: Ron Perau 200 Deer Run Trail Rifle ,CO 81650 $75A0 per Driveway Permit. Driveway Permit Pee: Total Due: Thank You! $75.00 $75.00 Garfield County Application for Driveway Permit Person Obtaining Permit: Ron Perau Application Bate: 6/30/2008 County Road Number: 210 District: Rifle l'ervnit Number: (r"I{lloa p -tier Termination Date: '7/30/2008 Inspector: lake Mall hereby requests permission and authority from the Board el County Commissioners to corsirnct a ririvcway ap; roach tcsj on the right-of-way off of County Road, 210. At Address of 1643 CR 210, located on the North side of road for the purpose of ot,tainink access to property. Applicant submits herewith for the consideration .and approval of the Board of Comity Commissioners, a sketch of the proposed installation showing all the necessary specification detail including: 1. Frontage of lot along road. 2. Distance from centerline of road le property line. 3. Number of driveways requested 4. Width of proposed driveways and angle of approach. 5. Distance from driveway to road intersection, if nnv. 6. Size and shape of area separating, driveways if more than one approach. 7. Setback distance of buildirg(s) and other structure improvements. S. No unloading of equipment on county road, any damage caused to county road will be retailed -at subdivision expense.. 9, Responsible for two years from to date of completion. General Provisions s) '21v alt partes to interee.t. rind affirms that the driveway approach (es) is to be cnnsiru::iccl by hini for the bona fide purpose of securing access to his property and not for thr purpose of doing business or servicing vehicles on the road right nt way. 71 The applicant shall furnish all labor and materials, perfoini all work, and pay alt costs in connection with the construction of the driveway(s). All work shalt be compacted within thirty (30) days of the permit date. ) The type of construction shall he as designaied andtor approved by the Board of County Coin:r-,issioiiers or their representative and all materials used s.iall be of satisfactory quality and subject to inspection and approval of the Board of County Colnrmssloaers or their representative. 4) The traveling public shall be protected during the installation with proper warning signs and signals and the Board of County Commissioners and their duly appointed agents and employee shall be held harmless agaiaisi any eetiuic for personal injury or property damage sustained by any reason of the exercise of the 1'orn,it. r.\ Mc, A: :tient ck;,ij Rssinnt'. re..Njlr,.f Aii!ilily filo the tclnoval or;:teararicc of snow. Ic e, or S!re 111)!)n anV Portion of the cit iveway approach (es) even though deposited on the driveway(s) in the course of the County snow reinovai operations. t3) in the event it any rt!'., of :vas- fznce the p t4 nn eithe-r ciriP of thn Ptttranrr chat] be surely braced before the fence is etit to prevent arty slacking of the remaining fence and all posts and wire removed shall be turned over to the District Road Supervisor of the Board of County Commissioners_ 7) No revisions or additions shalt be made to the driveways) or its appurtenances on the right-of-way without written permission of the Board of -County Commissioners. iii 'iu4i ivli5 a ; .::pccifi"'t"ons n,itlinrd }7 ere=rr chat] apply nn all roads under the jurisdiction of the Board of County t' _mttrissinners of Garfield County, Colorado, and the Specificatians, set forth on the attar.hed hereof and incorporated herein as conditions hereof. 9) Final inspection of driveway will be required upon completion and must be approved by person issuing permit or represerstative of person issuing permit. The inspection and sign off must be done prior to any CO from the Building and Planning Department being issued. l(i) Contractor agrees to all Provisions in Exhibit A. Special Conditions: 1. Driveway Width- As is -2, Culvert required? True Size: 15 inch by As is 3. Asphalt or concrete pad required? True Size of pad: As is for width 4. Gravel portion required? True Length.. 40ft S. Trees, brush and/or fence need to be removed for visibility? True b. Distance and .Direction: 7. Certified 'traffic Control Required:' !raise S. Work zone signs required? True in signing this application and upon receiving authorization and permission to install the driveway approach (es) described herein the Applicant signifies that he has read, understands and accepts the foregoing provisions and conditions and agrees to construe the cirivewav(s) in accordance with the accompanying specification plan reviewed attd approved by the Board of County Commissioners. Signed: Ron PCI Address_ f 6 8763-z) Telephone Number: % - 7-7 / 7 Perm'it granted 6!30/2008. subject to the provisions, specifications and conditions stipulated herein. Fur Bush{ viCounty Cuin llibsiilrii:i.i' of Cart c:'d C.^,.-. t ' Celor2do: Representative of Garfield County Road aiid Bridge Signature Specifications cl:.-v;:tw'ay approach i fid`^ Faocd tc be that portion nfthp rns>nty rnad rifrht_r.,f tvav hetwesn thr navr-aster Y __ -. ort V. 9nd the property line that is designed and used for the interchange of tragic between the roadway and abutting property. 2. At any intersection, a driveway shall he restricted for a sufficient distance from tete intersection to preserve the normal and safe moventeni of traffic. (It is recommended for rural resiclence entrances that a ninin�u t intersection clearance of 50 feet be provided and for rural commercial entrances a minimum of 100 feet be provided.) 3. All entrances and exits shall be so located and constructed that vehicles approaching or using there will be able to obtain adequate sight distance in both directions along the county road in order to maneuver safely and without interfering with county road traffic. 4. The Applicants hall not he permitted to erect any sign or display material, either fixed or movable, on or extending over any portion of the county road right-of-way. 5. Generally, no more. than one approach shall be allowed any parcel or property the frontage of which is less than one hundred (160) feet. Additional entrances or exits for parcels having a frontage ir, excess acme hundred 100) feet shall be permitted only after showing -of actual convenience and necessity_ 6. All driveways shall be so located that the flared portion adjacent to the traveled way will not encroach upon adjoining property. 7. No commercial driveway shall have a width greater than thirty (30 ) feet measured at right angles to the centerline of the driveway except as -increased by pirinissib1e radii. No noncommercial driveway shall have a width greater than twenty (20) feet measured at right angles to the centerline of the driveway, except as rncreased-by• permissible radii. 8. The axis of an approach to the road may be at a right angle to the centerline of the county road and of any angle between ninety (90) degrees and sixty (60) degrees but shall not be less than sixty (60) degrees. Adjustment will be made according to the type of traffic to be served and other physical conditions. 9, The construction of parking or servicing areas on the county road right-of-way is specifically prohibited, Commercial establishments for customer vehicles should. provide off -the -road parking facilities. 10. The grade of entrance and exit shall slope downward and away from the road surface at the same rate as the normal shoulder slope and for a distance equal to the width of tate shoulder but in no case less than twenty (20) feet from the pavement edge. Approach grades are restricted to not more than tern percent (10%). 11. ATI driveways and approaches shall be so constructed that they shall not interfere with the drainage system of the street or county road. The Applicant will be required to provide, ai his own expense, drainage structures at entrances and exits, which will become an integral part of the existing drainage system. The Board of County Commissioners or their representative, prior to installation, roust approve the dimensions and types of all drainage structures. Note: This permit shall be made available at the site where and when work is being done. A work sketch or drawing of the proposed driveway(s) must accompany application. No permit svill be issued without drawing, blueprint, or sketch, BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY CERTIFICATION AND AFFIDAVIT REGARDING :ILLEGAL ALIENS The Contractor, whose name and signature appears below, certifies and agrees as follows: 1. The Contractor shall comply with the provisions of C.R.S. 8-17.5-101 et sea- The Contractor shall not knowingly employ or contract with an illegal alien to perform work for the Board of County Commissioners of Garfield County, Colorado ('BOCC") or enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien. 2. The Contractor represents, warrants, and agrees that it has verified that it does not employ any illegal aliens; that it has participated or attempted to participate in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security; and otherwise shall comply with the requirements of C.R.S. 8-17.5-102(2)tb). 3. The Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If the Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101 et seq., the BOCC may terminate work for breach and'the Contractor shall be liable for actual and consequential damages to the State. - - 4. If. the Contractor.. is a sole proprietor, the undersigned hereby swears Or affirms under penalty of perjury under the laws of the State of Colorado that - (check one): AIam a United States citizen, or I am a Permanent Resident of the United States, or I am lawfully present in the United States pursuant to Federal law - 1 understand that this sworn statement is required by iaw because 1 am a sole proprietor entering into a contract to perform work for the BOCC- T understand that state law requires ine to provide proof that I am lawfully present in the United States prior to starting work for the ADCC. I further acknowledge that I will comply with the requirements of C.R.S. 24-76.5-101 et seq. and will produce the required form of identification prior to starting work. I acknowledge that making a false, fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the criminal laws of Colorado as perjury in the second degree under C.R.S. 18-8-503. CERTIFIED and AGREED to this (day of , 2001E. 41, .` ir . - (Contracto11 Legal Name CONT' By: Ow- vb isfre PRIM or Social Security Nu r Sig .ture of Authorized Rep Title Permit Number: GRBOS-D-57 Exhibit A 1. Permit Owner : Driveway Per m Check Off Form .v eget 2. Address: je00 tieek ,., i21.7 3. City Carbondale 81623 n Glenwood Springs 81601 r f New Castle 81647 Parachute 81635 4_ Phone No: If Silt 81652 [ J Rifle 81650 Other 371-7717 5. County Rd. No: Fax No: 6. Nearest Intersection or address: 7. Distance from Int. or address: 8. Direction from int. or address: N ikv5 a PA „,vo 9. Side of road: N E S S W 10. Width of driveway: 30 -foot [1 4OE foot 100 -foot 7 other:17 S% S A n•-1 1 11. Culvert required: Yes 12. Size of culvert required: 12 -inch Other: 13. Length of culvert required: 30 -foot n 14. Asphalt or concrete pad required: No (� 15 -inch 18 -inch I 40 -foot [ Iother4As 1 s Yes- No 15_ Size of pad: 30 -foot wide X 10 -foot long X 4 inches thick: Yes 40 -foot wide X 10 -foot long X 4 -inches thick: Yes 100 -foot wide X 20 -foot long X 4 -inches thick: Yes Other: 4iSjC-fop 1+_' d h Li 16. Gravel portion required-. Yes [ J No 17. Length of gravel portion: 40 -foot fyd 50 -foot n 100 -foot 18. Trees or brush removed for visibility: Yes 1X1 No 19. Distance and direction from driveway to be removed: 20. Driveway must be no more than 3 % slope away from County road. 21. Drive most be constructed so no drainage accesses County road from driveway. 22. Certified traffic control required: 23. Work zone signage only required: Yes [J Yes J1 . 24. Stop sign requited at entrance to County Rd. Yes 1 No V_ [No - No NJ 25. Inspection of driveway will required upon completion and must be approved by person issiuin!. permit or representative of person issuing permit. 26. Persot!. Requesting Perrui€: 27. Person issuing permit: 28. District permit issued in: r? a- 1 L 1 ) 2 `}-_" 3 j 29. Date checklist cornpleted:I 3ifI1111111ill1111111111111 674549 05/25/2065 03 '01690 p504 n t±L.5f)ORF 1 of 2 R i1.00 0 50.0e Gf4RFTELD COUNTY CO WARRANTY DEE. THIS DEED, made this 24th day of May, 2605 Between of the RONALD G. PERM.) whose legal address is : 6301 Coutdy Road 214, New Cast1?4, CO, 81547 _ Recorder. GREGORY J. TAMAURELLO AND ANNE E. TAMBUR.Ei.LO • County o( Carticld, anti State of CO. grantor, and of The County of Garfield and State of CO, grantee: WITNESSETH, That the grantor for and in consideration of rhe sum of S500,00,7 Da DOLLARS, the rece,pt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these prexents does grant, bargain, sell and cortv'ey and confirms onto the grantee, his heirs and asslg s forever, all the real property together nith iniprovennenta, If any, situate, lying and being in the County of Garfield and Stene of Colorado described as follows: See Attaches Exhibit "A" as known by ;xFst and n,umoer as: TOGETHER with ail and singular the hereditaments and appunerianccs thereto belonging, ar in anywise appertaining, and the reversion and reversions, remainder and rer)nainikrs, rents, issues and profits thereof, and all An estate, rig!u, title, interest, claim and demand whatsoever of the grantor either in law or equity, of, in and IQ the above bargained premises, with the ltttcditarnenta and apptrd�rarwes. TO HAVE AND TO HOLD the said premises above bargained aid described, with the appurtenances, taco Ilan grantee, his heats and assigns forever. And the Grantor. for himself, his heirs, and persona/ reasesentatives, does covenant, grant, bargain, and agree to and with the Gramm his heirs and warm, that at the time of the asstaling and *Avery uflhere prneaentt he is wen orad ache premien above conveyed, has good. aura perfect, absolute and indefeasible esti* of inheritance, in law. to ke awls, e, and bas good right, MI pow and lawful agbosity to grant bargain, sell and convey the sane k mama and kaa as albtrsaid, and that the aceto are free and clear from an foams and other grans. bargains„ auks, Teas, cases, assmainents, aicwe iraxrea and teaaictiwr of whatever kind or natant wane, *cep general taxes and amts for the Year 2005 end subsequentyeas and all Gale specific exceptions *scribed by reference to nesneded doasrents as mileeod in Cannes wealth Tide Company's CamWlmnnn Na 0505037 The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained petards* in the quiet and peaceable possession of the grantee, his heirs and assigns, against oil and rimy parson or persons lawfafty debiting ire whole ar say pad thereof: The singular number shall include the plural, the , alogala. and Go we of gender shall be applicable so an the pallor executed nils deed on die date set forth STATE OF COLORADO COUNTY OF GARFIEL1) ) )rg ) The foregoing instrument was acknowledged begirt the on May 24, 2005, by Gregory i. Tarrbbeeella and " a hand and ek'be Iscit Notary Pubhe My commission ecphes: ceniusewenoratrto.asysent Kt area re,. bier Covey Road EN Nem. Cxh CO alae/ DENNA ROOF NOTARY PUBLIC STATE OF COLORADO Mdv Commission Expires 09/27!SSC°'i'- 127 East 5th Street Rine, CO 81650 k11e NCI. 0505037 ' r liitiie1R aiet a ar .� . l''"'iii ill Mil itflI i11 II 1 II# 074949 05/25/2005 03:14P 81650 P545 n AALSOORF 2 of 2 R 11.00 Q R0.0Q GRA+NELD COUNTY CO EXHIBIT "A" A PARCEL OF LANTJ BEING A PORTION OF THE. Ni/2SE161 SECTION' 2, TOWNSHIP s SOIITII, RANGE 93 WtST OF T}IE 6TH P.M., COUNTY UF GARFIELD, STATE OF COLORADO. SAID PARCEL OP LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST i% CORNER OF SAID SECTION 2, A.i ALUMINUM CAP LS NO. 10871 IN PLACE; THENCE 500'30'06"E ALONG THE EASTERLY LINE (W SAID 1d1/2SE1/4 1320.56 FEET TO THE SOUTH 1116 CORNER BETWEEN SECTIONS 1 & 2, AN ALUMINUM CAP LS NO. 16391 IN PLACE; THENCE DEPARTING SAID EASTERLY LINE S89°25'51“W ALONG THE SOUTHERLY LINE OF SAID N1/25E!/4 A DISTANCE OF 1107:82 FEIMWHENCE THE SOUI1IRAST 1/16 CORNER OF SAID SECTION 2, A BRASS CAP LS NO. 16397 IN PLACE, BEARS 589°25'51°W 211.68 FEET); THENCE DEPARTING SAID SOU1'liERLY LINE NOI°44`38"W 676.51 FEET, THENCE 575°4038'W 279.59 FEET; THENCE. N38'3333'9/ 145.12 FEET; THENCE Ni0°11'02"W 127.40 FEET; THENCE NOttt"O0'fl0`I; 442.76 FEET; THENCE N$9°31'43"E 841.54 FEET; THENCE- N00°30'02"W 30.00 FEET TO A POINT ON THE NORTHERLY L NE OF SAID NI/2SE:ii4; TIIENCE N89'3I'43" E ALONG SAID NORTNEItLY LINE 659.45 FEET- TO T}tE POINT OF BEGINNDIG. TOGETI113R WITH the following water and wafer rights, ditches and ditch rights of way, title to which is not irI,c'.udcd in the :rsttan:ies contail led hercin'. The East Pond; and 1(2 of the Grrttlors intorest in and to the wilier and storage rights out of the Green Spring; and 3.4 shares out of the Grand River bitch, RESERVING unto the Grantors all mineral rights, hut with no right of su; f c` nccu an y, PROPERTY PROFILE Account: R005129 Tax Year: 2008 Parcel: 217 702400471 Milt Levy: 46.431000 Estimated Tax: 1,281.96 Account Type: Version: Area ID: APR District: Status: 20080402000 021 PAUL A 'This Mill Levy is from the most recent tax roil a1t rtb aiOlt s rroz mca �r vi -rte,. ieasia }+ .i • HEYDE, CHARLES E & KELLIE J 1 ISECT,TWN,RNG:2-6-93 DESC: ATR IN THE SESE OF SEC 2 1842 COUNTY ROAD 210 RIFLE, CO 81650 AKA LOT 2 AZEEZ EX. PRE:R210#82 BK:44,3 PG:577 BK:1125 PG:407 BK:0564 PG;0768 BK:11 59 PG:889 RECPT:555333 —J 001842 210 COUNTY R1 RIFLE, CO 81650 Assettiffeilt inforrriati n 175,000 171,800 13,930 13,680 346,800 27,610 0 9.986 0 27,610 175,000 13,930 0 9.986 171,800 13,680 0 346,800 27,610 27,610 GARFIELD Account: Tax Year: Parcel: Mill Levy: Estimated Tax: PROPERTY PROFILE R210813 2008 217701300321 46.431000 1,782.06 Account Type: Version: Area lb: APR District: Status: 20080402000 021 A *This Mill Levy is from the most recent tax roll lat a{r#17rtaf> } �ea%ie$r{ 3� r _ xs�a% r.�r �-:,�- s��ai,,w.a�ts:�,4„uf ..�- � •c.. IBA1.aWIN, TERENCE D & MARY C SECT,TWN,RN(U:t 6-93 QESC: A iR tN SWSW PRE:I 210487 507 COUNTY ROAD 223 13K:1269 PG:625 REGPT:584588 BK:0898 PG:0852 BK:0010 RIFLE, CO 81650 t� • PG:0228 BK:0804 PG:0472 BK:0779 PG:0880 BK:0762 PG:0047 1 BK:0713 PG:0452 d-ier�jiOti[k 1000507 223 COUNTY RD ,RfFLE, CO 81850 Ssessmen2 intorrmation earl' \' ses'aet akY 101 10,390 391,260 401,650 3,010 34,940 37,950 0 0 35.000 37,950 Mak 1 re' firig?Ogggil 10,390 391,260 401,650 3,010 34,940 37,950 0 35.000 0 37,950 GARFIELD -,fiwt9r4v_wwe..§.04.1 -"'tpAvo-4-feNialczavzol PROPERTY PROFILE Account: R210706 Tax Year: 2008 Parcel: 217702100271 Mill Levy: 46.431000 Estimated Tax: .00 Account Type: Version: Area ID: APR Oistrict: Status: This Mill Levy is from the most recent tax roll 7Q -F64" islamoiandssi-FtToymationV, IRgarpescrilt fA*4....LIP.-§Stri41,..0 iVIZ:74 • -- -. "'-'1,,Afe:',..T.tg,',-..-;.:.0,t,-..44:4 'L`k,.i....k.;:kr ..-.aiin-.4:.M4iL I! A' % E. ISECT,TWN,RNGT2-6-93 DESG: SENE SUC:R043929 ITO:R043931 , BK:0623 PG:0591 BK:0619 PG:0389 BK:0607 IPO:0007 BK:0605 PG70075 BK..0605 PG:0065 BK:1r1,5 PG:993 1 i:ZECPT,:645041 BK1531 PG:675 RECPT:639206 6K1531 PG -.463 RECPT:639163 BK0818 PG:0770 BK:0755 PG:0303 8K..0562 PG:0435 20080427001 021 .I.ANIBURELLO, GREGORY J & ANN t'362_,PANORadvliC DR :3-1LT, CO 81052 Oa -. PAN 6 RGE 93 SEC 2, CO Assess ent rTlF-imtion t"F tt:Nk. I, ,•• 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 44410:74 0 GARFIELD Account: Tax Year: Parcel: Mill Levy: Estimated Tax: PROPERTY PROFILE 8210885 2008 217701300351 46.431000 1,328-86 Account Type: Version: Area ID: APR District: Status: *This Mit! Levy is from the most recent tax roll ROGERS, TOMMY L & LISA J. 1969 COUNTY ROAD 210 RIFLE, CO 81650.8705 Eti'd tit* :101969 210 COUNTY RD (RIFLE, CO 61650 ssessment Information 20080402000 021 GREG A [SECT,TWN,RNG:1-6-93 OESC: A TR IN NWSW OF SEC 1- PRE:12210483 BK:0947 PG;0715 BK:0944 PG:0708 BK:0944 1PG:0706 81:0944 PG:0704 BK 0919 PG:0827 "niC S61Ri�i.!a1s=f. 165,000 194,640 359,640 13,130 15,490 28,620 0 0 7.045 28,620 eve-tv :pf3 ge. 0.14E 165,000 174,780 339,780 13,130 13,910 27,040 0 0 7.045 27,040 GARFIELD PROPERTY PROFILE Account: (;005128 Account Type: Tax Year: 2008 Version: 20080402000 Parcel; 217702400470 Area ID: Mill Levy: 46,431000 APR District: Estimated Tax: 1,091.13 Status: *This Mill Levy is from the most recent tax roll WOOD, DAVID M & BEVERLY 11750-COUNr-Y.ROAD 210 RIFLE, CO 81650 021 PAUL. A iSECT TWN,RNG:2-6-93 ()ESC: A TR IN THE SESE & NESWSE 1 -OF SEC 2 AKA LOT_1 AZEEZ EX. PRE:R210182 BK:443 IPG:577 BK:1125 PG:407 BK:056¢ PG:0768BK:1811 PG:970 I ;RECPT:700363 BK:1188 PG:673 RECPT:563849 BK:7132 1 1P0:522 RECPT:545435 001/50 210 COUNTY RD ,RIFLE, CO 81850 Assessment Infaimalion isy 'Yy—�SAe,`P x 185,000 110,170 295,170 14,730 8,770 23,500 0 12.164 0 23,500 ire a�.: #erg.<.!' 185,000 110,170 14,730 8,770 295,170 23,500 0 12.164 0 23,500 WF,;- � �s_� 5r .3 bY .,: !e -1. GARFIELD 6' “--/ 74 t 04/ r a /\ 1 '44- ( 4 ey;',"--, 7 2,/ x_y----(c. 7 ,8- ,,l<) L I 1.,__1 ( 004 4 6724,,,d,C.,>7 7v Account: Tax Year: Parcel; EVAN Levy: PROPERTY PROFILE 8210481 2008 217702400230 46.431000 Estimated Tax: 2,044.82 Account Type: Version: Area 10: APR District: Status: * This Mill Levy is from the most recent tax roil F _ ----'�--•..*- � ,,xz4v� xar-.a, �.!?£�1 tri �_sXr3RMd.At�tfik}'ia�F Y�.&d�A +PRADO, ALICIA MENDOZA & JESUS 11 FL CO NTY ROAD 210 �f;RIFLE,COO81650 001743 210 COUNTY RD RIFLE, CO81650 ossrnoii information 20080402000 021 A aFP SECT,TWN,RNG:2-6-93 DESC: A PCL IN THE N2SE CONT 22.094 AC. BK:1555 PG:997 8I{:0562 PG:0154 BK:1814 PG:580 RECPT:700944 B1f:1761 PG:706 RECPT:689929 BK:1555 PG:993 RECPT:645041 BK:1555 PG:989 RECPT:645040 BK:0855 PG:0594 BK:0855 PG:0595 BK -_0782 PG:0813 BK:0662 PG.0427 BK:0605 PG:0085 t s t tt a.., .��.rr,+. ren F..s„r�.s«xy, C 240,000 19,100 0 18.094 313,310 24,940 0 553,310 44,040 s7:s r sem. r 240,000 313,310 19,100 24,940 553,310 44,040 44,040 0 18.094 0 44,040 GARFIELD Amount: Tax Year: Parcel: tUllll Levy: Estimated Tax: PROPERTY PROFILE R210884 2008 21770 1300350 45.431000 1,746.27 Account Type: Version: Area ID: APR District: Status: 20080402000 021 GREG A * This Mill Levy is from the most recent tax roll raft@ E- _ i S': i --.1( t z tI'r$ t:'> •7'''� .. tz:.::xeu�xc�n. xT� -==.sem <;,,:,:. v�...._... � .��-;:irk a�. � 3wr �,�."�:�'-,£_sa�sc�'. SECT TWN,RNG:1-E3-93 UESC: A TR IN THE NWSW OF SEC 1. PBE;R210.483_13K:4081.-PG:0796 BK:0919 PG:0827 EBARKER, NELLA D. 1973_CO.UNTY ROAD 210 :RIFLE, CO 81650-8705 wautzie CD3°73 210 COUNTY RD�S1LT, CO 81652 Assessmentliormatiion 1 *144 0,0, 4A. ' f -'M 4s 185,000 287,380 472,380 14,730 22,880 37,610 0 0 0 37,510 MY '&14154k, 3a- 185,000 287,380 , 14,730 22,880 472,380 37,610 0 0 7.045 37,610 GARFIELD Account: Tax Year: Parcel: MIII Levy: Estimated Tax; PROPERTY PROFILE R210683 2008 217701300349 46.431000 1,610.23 Account Type: Version: Area ID: APR District: Status: 20080402000 021 PAUL A * ThisMill Levy is from the most recent tax roll gr4401******44764* *A1#44441:1CTr,11441-$04' IANTONELLI, NORMAN L & LORI J. SECT,TWN,RNG:1-6 93 °ESC: A TR IN NWSW OF SEC 1 1977 COUNTY ROAO 210 RE:1321048,313K:0992 P07.43Bic:0925 PG:0448 BK0920 1RIFLE, CO 81650-8705 PG:0787 L--- gr-OlerikLop 001977 210 COUNTY RD SILT, CO 61652 Assessment irifcrnation I ss ,„ ai- , -04 lispo-FAem0 11471Yrol 165,000 13,130 0 7.045 270,770 21,550 0 435,770 34,680 34,680 is: #6,0.,N.14,44i,AWAP 165,000 270,770 13,130 0 7.045 21,550 435,770 34,680 34,680 -44:yige-,?2,Ag-Awp, GARFIELD No. 1 `amu e-- Assessor's Parcel No D,1k1-`Mit -1Gt-,1 Datealb} n BUILDING PERMIT CARD Job Address Deer cut .VYA- 'fit Owner PeQ.V 4 RCWACI Address 6501�r'r ��u N hone # gELI-MW Contractor C_oteg11CJ Glib Address C lGbg-M-12 Phone # 6 � Setbacks: Front Rear RH LH Zoning Q,(Qt(1CP MU PC% I `} s SPECTIONS Soils Test Footing t O" I r O7 lQWI. FoundationkihAila4 ?atde44 /1.7.07 Grout Underground Plumbi�o-qos Q*. Rough Plumbi /O-/ Framing Insulation Roofing Drywall Gas Piping crr D/i i /U� A/,4'..- 4 Z• --o P(oK -Vic = rt), 0Q Weatherproofing Mechanical Electrics! Rough (State) Electrical Fina! (State) Final /Checklist Completed? Certificate Occupancy # Date Septic System # LS?. Date �5O Final g-lq-08VM NOTES Other (continue on back) R.NorAwl Cop _ 1 1{o. 37193 in Plow 4 South Center I/ 16 Corner Section 2 3.1/4"ALuninun7 Cap LS No. 10871 N 392E'5NGE� ti L 619. Nos) Center I/ 16 Comer Section 2 31/a•Alumiwm Cap LS No, 15710 11119.31'43' 660.06 - Reba. and Cap LS No. 32193 in !Yate • East 1/1 Comer. 3-1/4'Aluminum Cap Rebar and Cop 1.5119. 3714.7 in Pian S 8923'42' W 698.92' Parcel A (Including Trod 2 of the Tambureito North Exemption/ 3I.253 Act A u0 O Ir / N89°31'43'E / / / 1 / 1 I S 1 591.999 60.0'.1saess 1 \ and USliry Easamrnt (Book 1534 Papa a7A _"-- v N38.33'33"W ,'^` rte 145.12' / ---„L \ / / / 49 ,.' // `/ , 841.54' i \ \ , S 75'40'38' W 279.59' ,�_Lauer cada: 1 ` 'Valky Duct! 1 \ 1 1 1 5 60.a £9i5699 650'Acceas and [1731 E9ga 675J ...1 I . Moak 1531. Papa a7i1 I ! � 1 1 I. 1 1 / 1' 1! / / / / /. / / r' Deer Trail Run --.;•.// // /,'� / 1 / / :1 / / ,' 1 wrrl� )8 8925'5!^.ice-->a .f , 20' U8679, arta rte_ (Book 1553o113 I.. P9 6e9 P 7 677) 0 99 60.0' \\—N 00-3002` W 30.00' 589°31'43°E 659.45' Proposed house �----- LS.D.S. Parcel B 39.175Act -awe.Ca - _- Vo71ey illn*td. N 6925'56-E 700.30'...`.'11 1 '' 211.68' Southeast I/ 16 Corner Section 2 3-I/4” Brass Cop IS Na. 16397 County Road No. 210" S 892551 W 1107.732' South 1 . Between Se 3.1/4' Brass C< • ACCOUNT # /V%f% / / /� 7.5// PAY TO THE ORDER OF . Z Date/Z r/-7) $1- `Zz.� DOLLARS Alpine Bank MEMO ': 10 2 L0 340 7':LO LO L9 L7440 RECEIVED OCT 0 9 ZOO 3AR=1ELG COUNTY BUILDING & PLANNING MP IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 STATE OF COLORAD0 Application No. W-3914 IN THE MATTER OF THE APPLICATION ) FOR WATER RIGHTS OF ) GEORGE D. GREEN AND ARDIS A. GREEN ) IN THE COLORADO RIVER ) IN GARFIELD COUNTY ) RULING OF REFEREE The above entitled applciation was filed on October 23, 1978, and was referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court on the 26th day of October, 1978, in accordanoe with Article 92 of Chapter 37, Colorado Revised Statutes 1973, known as The Water Rights Determination a,d Administration Act of 1969. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the application are true and having become fully advised with respect to the subject matter of the application does hereby make the following determination and ruling as the Referee in this matter, to -wit: 1. The statements in the application are true. 2. The name of the sturcture is Green Spring. 3. The names of the claimants and address: George D. Green and Ardis A. Green; Route 1, Sox 91.; Rifle, Colorado. 4. The source of the water is a spring tributary to the Colorado River. 5. The spring is located in the NW 1/4 SE 1/4 of Section 2, T. 6S., R. 93W. of the 6th P.M. at a point 2,050 feet North of the South line and 1,600 feet West of the East 11ne of said section 2. 6. The use of the water is irrigation and livestock water. 7. The date of initiation of appropriation is 1964. 8. The amount of water claimed is 0.50 cubic foot of water per second of time. 9. The water is intercepted by the Lower Cactus Valley Ditch, and is diverted from said ditnh by applicant for livestock water in non -irrigation season, and for irrigation during irrigation season. 10. The spring developed in 1964 as a result of irrigation from the Silt Project, The applicant has used the water since that time.. W-3914 The Referee Does therefore conclude that the above entitled application should be granted and that 0.50 cubic foot of water per second of time is hereby awarded to the -Green Spring, for irrigation and livestock watar uses,with appropriation date of the 31st day of December, 1964, absolutely and unconditionally; subject, however, to all earlier priority rights of. others and to the integration and tabulation by the Division Engineer of such priorties and changes of rights in accordance with law. It is accordingly ORDERED that this ruling shall be filed with the Water Clerk and shall become effeotive upon such filing, subject to Judicial review pursuant to Section 37-92-304 C.R.S. 1973. It is further ORDERED that acopy of this ruling shall be filed with the appropriate Division Engineer and the State Engineer. Done at the City of Glenwood Springs, Colorado, this Zit;1.04 day of LiaA/E ,197q • No protest was filedin this matter. The foregoing ruling is confirmed and approved, and is triode the Judgment olid of this court. Dosed; /7 WATER JUDGE BY THE REFEREE: Wa terse W r Division No. 5 State of Colorado 4 • DITCH (JI L�) 1 5 lI�, aa(� ms/ 43 83 +383 1 5 S T 6S N v 4382 138.1 32"3 4380 4 n y k —11 1Jtf�i` �r • J)\ 5545 7,4\\ --o 87 110 I'� I• �• e 04 5506 as 5500 • • M 0 U$ VALLEY `1 I eai \ nuu 1 ii I1\ I I \_U 0/)- 543 �It 4-40_J • — 1 I1 11 '2/ i l f1 l 'il rs• 4_=.1) •II ! r•U �r JS i( --- i •% 5000 • • • _i 5387. Antl,ers:— 12 oRADO 9 -5380 1 15 3 00 ~� 5397 Seim 17 4378 620 000 FEET 4377 = ds606 \ 41;)`� =' 55,2 4376 39"3(7 107°45' 264 265 1 370 000 FEET Mapped, edited, and published by the Geological Survey Control by USGS and NOS/NOAA Topography by photogrammetric methods from aerial photographs taken 1960. Field checked 1962 Pclyconic projection. 1927 North American Datum 10,000 -foot grid based on Colorado coordinate system, central zone 1000 -meter Universal Transverse Mercator grid ticks, zone 13, shown in blue Fine red dashed lines indicate selected fence lines To place on the predicted North American Datum 1983 move the projection lines 6 meters north and 54 meters east as shown by dashed corner ticks There may be private inholdings within the boundaries of the National or State reservations shown on this map 1266 R. 93 W, F2 92 W 42'30" GN 1.43' 31 MILS MAI /121. 222 MILS UTM GRID AND 1987 MAGNETIC NORTH DECLINATION AT CENTER OF SHEET 12:8 !Sub ti 1000 0 1000 1-1 (HUNTER MESA) 4462 r NW SCALE 1:24 000 0 2000 3000 5 0 CONTOUR INTERVAL 40 FEET DOTTED LINES REPRESENT 20 -FOOT CONTOURS NATIONAL GEODETIC VERTICAL DATUM OF 1929 THIS MAP COMPLIES WITH NATIONAL MAP ACCURACY STANDARD FOR SALE BY U. S. GEOLOGICAL SURVEY, DENVER, COLORADO 80225, OR RES A FOLDER DESCRIBING TOPOGRAPHIC MAPS AND SYMBOLS IS AVAILABLE C C .4g,PY fl�C 013 J91 DEC 1 8 1998 DISTRICT COURT, WATER DIVISION NO. 5, COLORADO Case No. 94 CW 145 rrAgrM Owr..p..rO ■OOOOO f . RULING OF REFEREE IN THE MATTER OF THE APPLICATION FOR SURFACE WATER RIGHTS, STORAGE WATER RIGHTS, CHANGE OF WATER RIGHTS, AND PLAN FOR AUGMENTATION OF: GREG J. TAMBURELLO and ANNE TAMBURELLO, in GARFIELD COUNTY. The above -entitled Application was filed on June 30, 1994, and was referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court in accor- dance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, known as The Water Right Determination and Administration Act of 1969. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statementsin the Ap- plication are true, and having become fully advised with respect to the subject matter of the Application does hereby make the following determination and Ruling as the Referee in this matter, to wit: 1. The statements in the Application are true except as noted herein. 2. The names, address and telephone number of the Applicants are: Greg J. and Anne Tamburello, 1743 County Road 210, Rifle, Colorado 81650 (970-625-0612). 3. Timely statements of opposition were filed on behalf of George D. and Ardis A. Green, Grand River Ditch Company, and the State and Division Engineers for the State of Colorado. No further statements of opposition have been filed and the time for filing such statements has expired. The opposers and applicants have agreed to the following Ruling. 4. Applicants have requested that the following claims be ap- proved by the Court: FIRST CLAIM SURFACE WATER RIGHT 5. Name of structure: Tamburello Spring. Dist. Ct., Div. CO, Case No. 94 CW 145 Application o= la .urello; Ruling cf Referee October 30, 1998 Oraft, Page 2 of 10. 6. Legal description of point of diversion: A spring gatheririg paint situated in the NW1/4SE1/4 of Sec- tion 2, Township 6 South, Range 93 West of the 6th P.M., County of Garfield, State of Colorado. Said point being more particularly described as follows: Commencing at the southeast 1/16 corner of Section 2, an aluminum cap L.S. No. 27925 found in place; thence N 41° 10'28" W 865.55 feet to said gathering point, a concrete manhole in place. 7. Source: The source of the water is a spring, tributary to an unnamed tributary (locally known and hereinafter referred to as Green Draw), tributary to the Colorado River. 8. Date of Appropriation: May 1, 1923. 9. Amount claimed: 0.033 c.f.s., absolute. 10. Use: In-house domestic use in two single-family dwellings and livestock watering (2 animals per residence). SECOND CLAIM SURFACE WATER RIGHT 11. Name of structure: Tamburello Spring, First Enlargement. 12. Legal description of point of diversion: A spring gathering point situated in the NW1/4SE1/4 of Sec- tion 2, Township 6 South, Range 93 West of the 6th P.M., County of Garfield, State of Colorado. Said point being more particularly described as follows: Commencing at the southeast 1/16 corner of Section 2, an aluminum cap L.S. No. 27925 found in place; thence N 41° 10'28" W 865.55 feet to said gathering point, a concrete manhole in place. 13. Source: The source of the water is a spring, tributary to an unnamed tributary (locally known and hereinafter referred to as Green Draw), tributary to the Colorado River. 14. •Date of appropriation: March 31, 1994. 15. Amount claimed: 0.033 c.f.s., conditional. 16. Use: In-house domestic use in six single-family dwellings and livestock watering (2 animals per residence). THIRD CLAIM STORAGE WATER RIGHT 17. Name of structure: Tamburello Pond No. 1. Dist. Ct., Div. 5, CO, Case No. 94 CW 145 Application of Tamburello; Ruling of Referee October 30, 1998 Draft, Page 3 of 10. 18. Legal description of place of storage: The center of Tamburello Pond No. 1 is located at a point 1700 feet from the east section line and 1950 feet from the" south section line of Section 2, Township 6 South, Range 93 West of the 6th P.M. Surface acres: 1.0 acre. Said pond will be located "onstream", in Green Draw, and upstream of the Lower Cactus Valley Ditch. 19. Source: The source of the water to fill Tamburello Pond No. 1 is Green Draw, tributary to the Colorado River. Augmentation credits from some of Applicants' water rights in the Lower Cactus Valley Ditch will also be stored in this pond. 20. Date of Appropriation: March 31, 1994. How appropriation was initiated: By field investigation, intent to appropriate and staking of the approximate center of the pond. 21. Amount claimed: 10.0 A.F., conditional. 22. Use: Piscatorial, livestock watering, and augmentation. FOURTH CLAIM STORAGE WATER RIGHT 23. Name of Structure: Tamburello Pond No. 2. 24. Legal description of place of storage: The center of Tamburello Pond No. 2 is located at a point 1450 feet from the east section line and 2100 feet from the south section line of Section 2, Township 6 South, Range 93 West of the 6th P.M. Surface acres: 0.5 Acre. Said pond will be located "offstream" and above the Lower Cactus Valley Ditch. 25. Source: The source of the water is Green Draw, tributary to the Colorado River. Tamburello Pond No. 2 will only -be filled by in -priority diversions from Green Draw and when this water right is out of priority, diversions of water into this pond will cease, and the water level in the pond will be allowed to fall in accordance with evaporation losses_ Dist.' Ct., Div. 5, CO, Case No. 94 CW 145 Application of Tamburello; Ruling of Referee October 30, 1998 Draft, Page 4 of 10. 26. Date of Appropriation: March 31, 1994. How appropriation was initiated: By field investigation, intent to appropriate and staking of the approximate center of said pond. 27. Amount claimed: 5.0 A.F., conditional. 28. Use: Irrigation, piscatorial, and livestock watering. PLAN FOR AUGMENTATION 29. Structures to be Augmented: Tamburello Spring; Tamburello Spring, First Enlargement and Tamburello Pond No. 1. 30. Uses to be augmented: Domestic in-house use in eight (8) single-family dwellings, livestock watering and evaporation losses from Tamburello Pond No. 1. 31. Specific Senior Water Rights to be Protected under Plan of Augmentation: (A) Green Spring and decreed water rights senior to .-Tambu- rello Spring, Tamburello Spring, First Enlargement, and Tamburello Pond No. 1, downstream on the Colorado River or its tributaries. (B) In Water Court Case No. W-3914, Green Spring was awarded 0.50 c.f.s., absolute for irrigation and livestock watering purposes with an appropriation date of December 31, 1964. Green Spring waters are measured atan existing flume located in Green Draw upstream of the Lower Cactus Valley Ditch. The Lower Cactus Valley Ditch is utilized as a carrier for said 0.50 c.f.s. The original claimants and present owners are George D. and Ardis A. Green. (C) Streams to be Protected: Green Draw; Colorado River and its tributaries.. 32 Water Rights to be Used for Augmentation: (A) Tamburello Pond No. 1, awarded herein; (B) 6.7297 acre feet per year out of the 0.576 c.f.s de- livered to Applicants' headgate by virtue of Applicants' ownership of 3.99 shares in the Grand River Ditch Company which owns -the water rights decreed to the Lower Cactus Valley Ditch. (C) The headgate of the Lower Cactus Valley Ditch is situ- ate on the northerly bank of the Grand River at a point whence the 1/4 corner between Sections 5 and 6, Township 6 South, Range 91 West bears 47° West 3370 feet and being in Lot 7, Section 5 in said Township. Dist. Ct., Co, Case No. 94 CW 145 Application urello; Ruling of Referee October 30, -aft, Page 5 of 10. Applicants' headgate on the Lower Cactus Valley Ditch is :ocated at the intersection of the east line of Sec. 2, T. 6 S., R. 93 W., 6th P.M. with the Lower Cactus Valley Ditch. (D) On April 19, 1897, the Garfield County District Court awarded the Lower Cactus Valley Ditch Priority No. 142D for 50 cubic feet of water per second of time (c.f.s.) for irrigation purposes with an appropriation date of September 24, 1888. (E) The Grand River Ditch Company has a total of 270 shares. 33. Description of Plan for Augmentation: (A) Domestic use is based on an occupancy of 3.5 persons per dwelling, using 100 gallons per day per person and Livestock wa- tering of 10 gallons per head per day, with an average of 2 head of livestock per dwelling (8) totalling 16 head of livestock, or 160 gallons total water used for livestock watering. The return flow from the septic tank and leach fields and livestock water for the eight (8) units will be a 100% loss to Green Spring and equates to 2960 gallons per day which is 2.05 gallons per minute. When the Green Spring right is not receiving its full decreed 0.50 c.f.s., Ap- plicants will deliver the 2.05 gallons per minute to the Green Draw above the measuring device for Green Spring for discharge into the Lower Cactus Valley Ditch. The full volume of any out -of -priority diversions shall be replaced daily to the Green Spring water right. (B) Applicants shall cease diversions from the Tamburello Spring and Tamburello Spring, First Enlargement whenever the consump- tive use water available to Applicants' out of their shares in the Lower Cactus valley Ditch or the water in storage in Tamburello Pond No. 1 ,are insufficient to replace out -of --priority depletions associ- ated with the diversion of water rights described in paragraph 29. (C) If an administrative call is placed on the Colorado River downstream of the confluence of Green Draw and the Colorado River and Applicants' Tamburello Spring water rights are out -of -pri- ority, Applicants shall make releases from the Tamburello Pond No. 1 in such amounts as may be necessary to replace all consumptive uses per the following table. All such releases shall be made to Green Draw, downstream of the Lower Cactus Valley Ditch. (D) The 2.05 gpm will be delivered from Tamburello Pond No. 1. Said pond will be filled utilizing in -priority diversions from Green Draw and by pumping consumptive use credits from Appli- cants' Lower Cactus Valley Ditch water rights, through the Tamburello lateral ditch. (E) Annual augmentation requirements in acre feet for replacement to Green Spring are 6.4327 A.F. Dist. Ct., Div. 5, CO, Case No. 94 CW 145 Application of Tamburello; Ruling of Referee October 30, 1998 Draft, Page 6 of 10. (F) For each historically irrigated acre that Applicants dry -up below the'contour of the Lower Cactus Valley Ditch, they are entitled to receive the following monthly consumptive use (C.U.) credits. These credits will then be pumped into Tamburello Pond No. 1 for release into Green Draw to compensate for the water taken daily from the Tamburello Springs and Tamburello Pond No. 1. Month ACRE FOOT OF CONSUMPTIVE USE CREDIT/ACRE DRIED UP April 0.12 May 0.22 June 0.32 July 0.45 August 0.35 September 0.21 October 0.06 TOTAL 1.73 acre feet of consumptive use credit for each acre dried up Total consumptive use credits needed: 6.7297 A.F./1.73 CU Credit/acre dry up = 3.89 acre dry up. The 3.89 acre dry up will be made from the historically irri- gated areas of the property, including roadways, house footprints, and other non -irrigated areas. Any remaining dry -up required will be taken along the easterly border of the property, under the Lower Cactus Valley Ditch. Attached is a map showing, schematically, the dry -up areas and the Tamburello Water System. Actual dry up areas will be specifically identified when an absolute decree is applied for. Dry up areas will be monumented to the satisfaction of the Division Engineer. The uses of the 6.7297 a.f. of Lower Cactus Valley Ditch water, delivered to Applicants at their headgate on said ditch, is to be changed to include use as augmentation water pursuant to the plan set forth herein. (G) In addition to augmenting Green Spring, Applicants will also augment "calls" on the Colorado River from vested senior water rights. A Colorado River "call" necessitates a ten percent (10%) depletion factor utilizing septic tanks and leach fields. For eight (8) units this equates to a monthly factor of 0.026 A.F. and a monthly factor of 0.015 A.F. for livestock watering, for a total monthly of 0.041 A.F. Delivery of these amounts shall he into Green Draw, downstream of Lower Cactus Valley Ditch, tributary to the Colorado River. Applicants' water rights in the Tamburello Spring and Tamburello Pond No. 1 are expected to be in -priority, with re- spect to Colorado River calls, during the non -irrigation season. Dist. Ct.. : w. 5, CO, Cas,: 94 CW 145 Applicatic- ❑f Tamburello; Rt.1ing of Referee October 3C. 1998 Draft, Page 7 of 10. (H) A 3.89 acre dry -up under the Lower Cactus Valley Ditch will satisfy the consumptive use requirements for both the downstream Colorado River depletions (10%) and the pumping requirements into Tamburello Pond No. 1 for the benefit of replacements for Green Spring (100%). Those credits and depletions are set forth on the at- tached table titled "Tamburello Augmentation Plan Table, Division 5 Water Court Case No. 94CW145". (I) Tamburello Pond No. 1 is to be constructed "on stream" in Green Draw, water will be released to compensate Green Spring for evaporation losses when Green Spring is not receiving its full 0.50 c.f.s. Evaporation losses are as follows (net evaporation losses are from SEC provided table): MONTH NET EVAPORATION EVAPORATION LOSSES (INCHES) (A.F./surface acre of pond) January 0.00 0.0000 February 0.79 0.0658 March 2.14 0.1783 April 3.42 0.2850 May 5.07 0.4225 June 6.42 0.5350 July 6.57 0.5475 August 5.08 0.4233 September 4.18 0.3483 October 2.54 0.2116 November 1.24 0.1033 December 0.00 0.0000 TOTAL 37.45 inches 3.1206 A.F./surf. acre NOTE: Tamburello Pond No. 2 is contemplated "offstream". Conse- quently, at those times Tamburello Pond No. 2 is not in -priority to fill, diversions to it will cease and it will evaporate without a loss to Green Spring. The monthly distribution of evaporation losses was provided by the Colorado State Engineer's Office. (J) Applicants are the owners of 3.99 shares in the Grand River Ditch Company entitling them to approximately 0.74 c.f.s. out of the 50 c.f.s. decreed to the Lower Cactus Valley Ditch Priority No. 142B. According to Soil Conservation Service maps, Applicants have historically irrigated 19.2 acres. Taking into account the standard ditch loss of 22%, per the by-laws of said Ditch Company, the effective water available to Applicants at their headgate on the Lower Cactus Valley Ditch is 0.576 c.f.s., when the full 50 c.f.s. is available. Applicants will dedicate 6.7297 acre feet, or 0.15 c.f.s., of Lower Cactus Valley Ditch water, diverted at Applicants' headgate, to the Augmentation Plan herein. (K) Objectors, George D. Green and Ardis A. Green, entered into a Stipulation and Agreement dated April 28, 1995, which has been vacated. Dist. Ct., Div. 5, CO, C: No. 94 CW 145 Application of Tamburelic Ruling of Referee October 30, 1998 Draft, P:_e 8 of 10. (L) Applicants shall cease diversions from the Tamburello Spring and Tamburello Spring, First Enlargement'and Tamburello Pond No. 1 whenever Green Spring is receiving less than 0.50 c.f.s. and Applicants are not replacing 100% of the diversions from Tamburello Spring and Tamburello Spring, First Enlargement, and Tamburello Pond No. 1 to Green Draw above the measuring device for Green Spring. FINDINGS AND RULING OF REFEREE 34. The Referee, having examined the information submitted by the Applicants, and having completed the investigations necessary to make a determination in this matter, does therefore conclude that the above entitled Application should be granted and that the above -de; scribed claims should be and hereby are approved as requested; SUB- JECT, HOWEVER TO ALL EARLIER PRIORITY RIGHTS OF OTHERS, and to the integration and tabulation by the Division Engineer of such priori- ties and changes of rights in accordance with law. 35. Application for a Finding of Reasonable Diligence shall be filed in the same month as the decree herein is entered every six (6) years after the entry of the Decree herein so long as Applicants de- sire to maintain the conditional water rights herein awarded, or un- til a determination has been made that such conditional rights have been made absolute by reason of the completion of the appropriations, or are otherwise disposed of. 36. Provided it is operated in accordance with the terms and conditions of this decree, the Plan for Augmentation described herein will not injuriously affect the owner of or person entitled to use water under a vested water right or a decreed conditional water right, and the Plan for Augmentation is hereby granted and approved in accordance with C.R.S. 1973, 37-92-305(3) and subject to the Court's retained jurisdiction. 37. Pursuant to Section 37-92-305(8), 15 C.R.S. (1990), the State Engineer shall curtail all out -of -priority diversions under the water rights claimed in the Application, the depletions from which are not replaced so as to prevent injury to senior vested water rights. 38. Nothing herein shall relieve Applicants, or their succes- sors and assigns, of any obligation to comply with the Articles and By -Laws of the Grand River Ditch Company. 39. Pursuant to Paragraph 8 of Article 16 of the By -Laws of the Grand River Ditch Company, Applicants agree to reimburse the Ditch Company for all costs and reasonable attorney's fees incurred by the Ditch Company in negotiation or litigation regarding this Applica- tion. Dist. Ct., Div. .:, CO, Case No. 94 CW 145 Application of Ta,,:burello; Ruling of Referee October 30, 1998 Draft, Page 9 of 10. 40. If and when the Tamburello Spring serves more than one sep- arately owned, single-family residence, Applicants agree to form a homeowners association to administer and be responsible for Appli- cants' obligations under the augmentation plan. The Declaration of Covenants creating said homeowners association shall include a provi- sion prohibiting the use of water from Tamburello Spring, Tamburello Spring, First Enlargement and Tamburello Pond No. 1 for any irrigation. 41. Use of 6.7297 acre feet, or 0.15 c.f.s., of Lower Cactus Valley Ditch water diverted at Applicants' headgate shall be changed from irrigation to augmentation purposes pursuant to this Ruling. 42. Applicants shall install such measuring devices, inlet and outlet works and other control devises as deemed necessary by the Di- vision Engineer and The Grand River Ditch Company to administer this plan. Applicants shallbe responsible for maintaining such records of diversion and uses as may be required by the Division Engineer. Said records shall be made available for inspection by any of the parties hereto and the Division Engineer upon reasonable notice. The Applicants shall also file an annual report with the Division Engi- neer by November 15th each year summarizing diversion and replace- ments made under the plan. 43. Applicants shall develop a monthly accounting form satis- factory to the Division Engineer. 44. This plan shall not be effective until there is an adequate amount of augmentation water, as determined by the Division Engineer, stored in Tamburello Pond No. 1. Applicants shall notify the Divi- sion Engineer of the pond construction and storage of augmentation. water. 45. The Court shall retain jurisdiction of the Application for a period of five (5) years after all eight (8) of the proposed dwellings referenced in the Application have been constructed and are occupied. At such time as all eight (8) of the proposed dwellings have been constructed and occupied, Applicants shall so notify the Court and all parties to this proceeding in writing. It is accordingly ORDERED that this Ruling shall be filed with the Water Clerk subject to Judicial review. Dist. Ct., Div. 5, CO, Case No. 94 CW 145 Application of Tamburello; Ruling of Referee October 30, 1998 Draft, Page 10 of 10. It is further ORDERED that a copy of this Ruling shall be filed with the appropriate Division Engineer and the State Engineer. DATED this 17th day of December Con of the f cord-' g mailed to all Counsel of record-4Wate Referee; --Div. E gineer�and State Engineer-IDate 12/17/98 Df'Yh 7= ter. Depx,ty Cle k W ar On. Na 5 Water Savage Davis State Haupt George No protest was filed in this matter, and accordingly the fore- going Ruling is confirmed and approved and is made the Judgment and Decree of. this Court. THE MONTH FOR FILING AN APPLICATION FOR A FINDING OR REASONABLE DILIGENCE SHALL BE BY T , 199 8 . Re ree Division No. 5 of Colorado DATED this day of , 199_ WATER JUDGE Dist. Ct., Div. 5, CO, Case No. 94 CW 145 Appiication,of Tamburello; Ruling of Referee October 30, 1998 Draft, Page 10 of 10. IManirmai LE JAN 1 A 19 99 It is further ORDERED that a copy of this Ruling shall be filed with the appropriate Division Engineer and the State Engineer. DATED this 17th day of December „any of the foregeir}g mailed t0 all Counsel of record -'.-late Referee, ---Div. E glneerand State Engineer-1Date 12/17/98 BY T , 199 8 . 7yr ter Re -ree Deputy Clerk WptarOh. No. 5 Water Division No. 5 Savage Davis State of Colorado Houpt George No protest was filed in this matter, and accordinglythe fore- going Ruling is confirmed and approved and is made the Judgment and Decree of this Court. THE MONTH FOR FILING AN APPLICATION FOR A FINDING OR REASONABLE DILIGENCE SHALL BE JANUARY 2005 DATED this //Q day of Cepy of the foregaih,pp m 1Ied to ail Counsel of record -Water/ Referee, ---Div. Engineer- /nd yg State Engineer -•!Date yy7 Deputy Clerk Water oh k0. 6 Savage Davis Houpt George R JUDGE , 1992_. 762466 02/02/2009 09:2F AM Page 1 of 1 Jean Alberico, Garfield County, Colorado Rec Fee: $6.00 Doc Fee: $0.00 eRecorded QUITCLAIM DEED THIS DEED, made this 21'4 day of 74L , 2009, between Gregory J. Tamburello and Anne E. Tamburello of the County of Garfield and State a CO, grantor(s), and Ronald C. Perau whose legal address is 6501 County Road 214, New Castle, CO 81647 of the County of Garfield and State of CO, grantee(s): WITNESS, that the grantor(s), for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have remised, released, sold and QUTTCLA1MED, and by these presents do remise, release, sell and QUITCLAIM unto the grantee(s), their heirs, successors and assigns forever, all the right, title, interest, claim and demand which the grantor(s) have in and to the following described water rights in connection with the following described property, situate, lying and being in the County of Garfield and State of Colorado: A PARCEL OF LAND BEING A PORTION OF TIE N1/2SE1/4 SECTION 2, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE 6T11 P.M., COUNTY OF GARFIELD, STATE OF COLORADO. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST ''A CORNER OF SAID SECTION 2, AN ALUMINUM CAP LS NO. 10871 IN PLACE; THENCE S00°30'06"E ALONG THE EASTERLY LINE OF SAID N1/2SE1/4 132036 FEET TO THE SOUTH 1/16 CORNER BETWEEN SECTIONS 1 & 2, AN ALUMINUM CAP LS NO, 16397 IN PLACE; THENCE DEPARTING SAID EASTERLY LINE S89°25'51"W ALONG THE SOUTHERLY LINE OF SAID N1/2SE1/4 A DISTANCE OF 1107.82 FEET(WHENCE THE SOUTHEAST 1/16 CORNER OF SAID SECTION 2, A BRASS CAP LS NO. 16397 IN PLACE, BEARS S89'25'51"W 211.68 FEET); THENCE DEPARTING SAID SOUTHERLY LINE N01°44'38"W 676.81 FEET, THENCE S75°40'38"W 279.59 FEET; THENCE N38°33'33"W 145.12 FEET; THENCE N10°11'02"W 127.40 FEET; THENCE N00°00'00"E 442.76 FEET; THENCE N89°31'43"E 841.54 FEET; THENCE NO0°30'021V 30.00 FEET TO A POINT ON THE NORTHERLY LINE OF SAID N1/2SE1/4; THENCE N89°31`43"E ALONG SAID NORTHERLY LINE 659.45 FEET TO THE POINT OF BEGINNING. 1!2 of the Grantors interest in and to the water and storage rights out of the Tamburello Spring. NOTE: This deed is to correct the spring identified as the "Green" Spring on that certain deed recorded May 25, 2005 in Book 1690 at Page 544 to read Tamburello Spring. Grantors continue to reserve all mineral rights, but with no right of surface occupancy. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thoreunto appertaining, and all the estate, right, title, '' and claim whatsoever of the grantor(s), either in taw or equity, to the only proper use, benefit and tee(s) their y hs and assigns forever. Y . Tamburello grantors) have executed this State old jzl.L ) 1 r��zt ie ci ) ss. County of } AnAnne E. Tamburello The foregoing instrument was acknowledged before me thgRb day of Gregory J. Tamburello and Anne E. Tamburello. 0505037 Return to: Ronald O. ?wail 6501 County Road 214 Nave Cud%CO 81647 14o. 933 Rev. 4-94 QUITCLAIM DEED 2009, by Witness my hand and offici My TTission exp J� Notary Public NOTARY PUBLIC STATE OF ARIZONA Yavapai County DORIS D. PHILLIPS My Commission Expires 11/01/12 -..• 4,7v. ititSrop,+1er*"y 'r^r..-. Avitn*--44nr, ,rtad twiso, ,KsAy4,*. rprep. R' tP+ - G�MSi �v�'•A:'YW�KYr�`^'�y`n"."Gr'.'."�nrsTS�.+i"R�fir�t�3'7'."�,0e..[+F7 1_klw -amuYf, '' '" I rgR; yB� �aA JOHN C. KEPHART & CO. JII [A] AT iEs 435 NORTH AVENUE r PHONE: (970) 242-7618 $ FAX: (970) 243-7235 + GRAND JUNCTION, COLORADO 81501 Received from: -- ANALYTICAL REPORT — Ron Peran 0200 Deer Run Trail Rifle, CO 81650 970-379--7717 i576 water Customer No. Laboratory No. Sample 1/7/08 1/22/08 It Date Received Date Reported Lab number 55761 Limits for Public Sample ID` Horn WaLor Supplies, Colo. Dept. of Health Sodium(Na) 240 mg/1 20 mg/1 Calcium(Ca) 71 mg/1 no official limit Magnesium(Mg) 82 mg/1 125 mg/l Potassium(K) 7.5 mg/1 no official limit Chloride(C1) 20 mg/1 250 mg/1 Sulfate(SO4) 698 mg/1 250 mg/1 Phenol. Alkalinity(CaCO3) 0 mg/1 no official limit Total AlkalinitY,,(CpCD3) 355 mg/1 Dissolved Solids 1320 mg/1 Hardness (CaCO3) pH Conductivity@25 deg. C Total Coliform Bacteria 513 mg/1 8,30 s 1860 umhos/cm 0 col/104m1 no official limit 500 mg/1 200 mg/1 6.5-8.5 acceptable no official limit must be less than 1 Sodium, Sulfate, Diss. Solids and Hardness were above the suggested limits. This may be of concern to those restricting dietary Sodium; for each liter of water consumed, 240 milligrams of Sodium would be consumed. Sulfate can cause gastro-intestinal problems if much is consumed. Diss. Solids indicate the overall salt content is higher than recommended. Hardness indicates mineral deposits are likely, and soap likely to be less effective. Not all factors which might be harmful in a drinking water were tested, but the analysis above covers many common problem factors. Lab Dir.: Brian S. Bauer FIJEGO27, Ai DEC 18 1998 1° DISTRICT COURT, WATER DIVISION NO. 5, COLORADO Case No. 94 CW 145 RULING OF REFEREE IN THE MATTER OF THE APPLICATION FOR SURFACE WATER RIGHTS, STORAGE WATER RIGHTS, CHANGE OF WATER RIGHTS, AND PLAN FOR AUGMENTATION OF: GREG J. TAMBURELLO and ANNE TAMBURELLO, in GARFIELD COUNTY. The above -entitled application was filed on June 30 1994, and was referred to the undersiyn.ed as Water Referee for Water Division No. S, State of Colorado,. by the Water Judge of said Court in accor- dance with Article:.92 of Chapter.37, Colorado Revised Statutes 1973, knoFrn as The Water Right Determination and Administration Act.of X969. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the Ap- plication are true, and having become fully advised with respect ..to the subject matter of tr,c Application does hereby make the following determination and Ruling as the Referee in this matter, to wit: 1. The statement_, in the :Application are true except as noted herein. 2. The names, add ess and telephone number of the Applicants are: Greg J. and Anne Tamburello, 1743 County Road 210, Rifle, Colorado 81650 (970-625-0612). 3_ Timely statements of opposition were filed on behalf of George D. and Ardis A. Green, Grand River Ditch Company, and the State and Division Engineers for the State of Colorado. No further statements of opposition have been filed and the time for filing such statements has expired_ The opposers and applicants have agreed to the following Reil ing _ 4. Applicants havrequested that, the fol.lowAng claims be a proved by the Co=t: FIRST CLAIM SURFACE WATER RIGHT Name of structue: Ta:uburello Spring_ Dist. Ct., D:.. CC, Case No. 94 04 145 Application o- .urello; Ruling ,.r' Referee October 30, 1998 Draft, Page 2 of 10. 6. Legal description of point of diversion: A spring gathering point situated in the NW1/4SE1/4 of Sec- tion 2, Township 6 South, Range 93 West of the 6th P.M., County of Garfield, State of Colorado. Said point being more particularly described as follows: Commencing at the southeast 1/16 corner of Section 2, an aluminum cap L.S. No. 27925 found in place; thence N 41° 10'28" W 865.55 feet to said gathering point, a concrete manhole in place. 7. Source: The source of the water is a spring, tributary to an unnamed tributary (locally known and hereinafter referred to as Green Draw), tributary to the Colorado River. 8. Date of Appropriation: May 1, 1923. 9. Amount claimed: 0.033 c.f.s., absolute. 10. Use: In-house domestic use in two single-family dwellings and livestock watering (2 animals per residence). SECOND CLAIM SURFACE WATER RIGHT 11. Name of structure: Tamburello Spring, First Enlargement. 12. Legal description of point of diversion: A spring gathering point situated in the NW1/4SE1/4 of Sec- tion 2, Township 6 South, Range 93 West of the 6th P_M_, County of Garfield, State of Colorado. Said point being more particularly described as follows: Commencing at the southeast 1/15 corner of Section 2, an aluminum cap L.S. No. 27925 found in place; thence N 41° 10'28" W 865.55 feet to said gathering point, a concrete manhole in place. 13. Source: The source of the water is a spring, tributary to an unnamed tributary (locally known and hereinafter referred to as Green Draw), tributary to the Colorado River. 14. Date of appropriation: March 31, 1994. 15. Amount claimed: 0.033 c.f.s., conditional. 16. Use: In-house domestic use in six single-family dwellings and livestock watering (2 animals per residence). THIRD CLAIM STORAGE WATER RIGHT 17. Name of structure: Tamburello Pond No. 1. Dist. Ct., Div. 5, CO, Case No. 94 CW 145 Application of Tamburello; Ruling of Referee October 30, 1998 Draft, Page 3 of 10. 18. Legal description of place of storage: The center of Tamburello Pond No. 1 is located at a point 1700 feet from the east section line and 1950 feet from the - south section line of Section 2, Township 6 South, Range 93 West of the 6th P.M. Surface acres: 1.0 acre. Said pond will be located "onstream", in Green Draw, and upstream of the Lower Cactus Valley Ditch. 19. Source: The source of the water to fill Tamburello Pond No. 1 is Green Draw, tributary to the Colorado River. Auymentation credits from some of Applicants water rights in the Lower Cactus Valley Ditch will also be stored in this pond. 20. Date of Appropriation: March 31, 1994. How appropriation was initiated: By field investigation, intent to appropriate and staking of the approximate center of the pond_ 21. Amount claimed: 10.0 A.F., conditional_ 22. Use: Piscatorial, livestock watering, and augmentation. FOURTH CLAIM STORAGE WATER RIGHT 23_ Name of Structure: Tamburello Pond No. 2. 24_ Legal descriction of place of storage: The center of Tamburello Pond No. 2 is located at a point 1450 feet from the east section line and 2100 feet from the south section line of Section 2, Township 6 South, Range 93 West of the 6th P.M. Surface acres: 0.5 Acre. Said pond will be located "offstream" and above the Lower Cactus Valley Ditch_ 25. Source: The source of the water is Green Draw, tributary to the Colorado River. Tamburello Pond No_ 2 will only -be filled by in -priority diversions from Green Draw and when this water right is out of Priority, diversions of water into this pond will cease, and the water level in the pond will be allowed to fall in accordance with evaporation losses. Dist. Ct., Div. 3, CO, Case No. 94 CW 145 Application of Tamburello; Ruling of Referee October 30, 1998 Draft, Page 4 of 10. 26. Date of Appropriation: March 31, 1994. How appropriation was initiated: By field investigation, intent to appropriate and staking of the approximate center of said pond. 27. Amount claimed: 5.0 A.F., conditional. 28. Use: Irrigation, piscatorial, and livestock watering. PLAN FOR AUGMENTATION 29. Structures tc be Auymented: Tamburello Spring; Tamburello Spring, First Enlargement; and Tamburello Pond No. 1. 30. Uses to be augmented: Domestic in-house use in eight (8) single-family dwellings, livestock watering and evaporation losses from Tamburello Pond No. 1. 31_ Specific Senior Water Rights to be Protected under Plan of Augmentation: (A) Green Suring and decreed water rights senior to Tarrtbu- relio Spring, Tamburello Spring, First Enlargement, and Tamburello Pond No. 1, downstream on the Colorado River or its tributaries. (B) In Water Court Case No. W-3914, Green Spring was awarded 0.50 c.f.s., absolute for irrigation and livestock watering purposes with an appropration date of December 31, 1964. Green Spring waters are measured at an existing flume located in Green Draw upstream of the Lower Cactus Valley Ditch. The Lower Cactus Valley Ditch is utilized as z carrier for said 0.50 c . f _ s . The original claimants and present owners are George D. and Ardis A_ Green_ (C) Streams to be Protected: Green Draw; Colorado River and its tributaries. 32. Water Rights t,o be Used for Augmentation: (A) TambureI.o Pond No. 1, awarded herein; (B) 5.7297 acre feet per year out of the 0.576 c_f_s de- livered to Applicants' headgate by virtue of Applicants' ownership of 3.99 shares in the Grand River Ditch Company which owns -the water rights decreed to the Lower Cactus Valley Ditch. (C) The headgate of the Lower Cactus Valley Ditch is situ- ate on the northerly bank of the Grand River at a point whence the 1/4 corner between Sections 5 and 6, Township 6 South, Range 91 West bears 47° West 3370 fee`: and being in Lot 7, Section 5 in said Township. Dist. Ct., O, Case No. 94 CW 145 Applicatio irello; Ruling of Referee October 30 •aft, ?age 5 of 10. Applicants' headgate on the Lower Cactus Valley Ditch is _Dcated at the intersection of the east line of Sec. 2, T. 6 S., R. 93 W., 6th P.M. with the Lower Cactus Valley Ditch. (D) On April 19, 1897, the Garfield County District Court awarded the Lower Cactus Valley Ditch Priority No. 142B for 50 cubic feet of water per second of time (c.f.s.) for irrigation purposes with an appropriation date of September 24, 1888. (E) The Grand River Ditch Company has a total of 270 shares. 33. Description of Plan for Augmentation: (A) Domestic use is based on an occupancy of 3.5 persons per dwelling, using 100 gallons per day per person and Livestock wa- tering of 10 gallons per head per day, with an average of 2 head of livestock per dwellinq ,8) totalling 16 head of livestock, or 160 gallons total water us_2d for livestock watering. The return flow from the septic tank and leach fields and livestock water for the eight (8) units will be a 100% loss to Green Spring and equates to 2960 gallons per day which is 2.05 gallons per minute. When the Green Spring right is not receiving its full decreed 0.50 c.f.s., Ap- plicants will deliver the 2.05 gallons per minute to the Green Draw above the measuring device for Green Spring for discharge into the Lower Cactus Valley Ditch. The full volume of any out -of -priority diversions shall be rep17.ced daily to the Green Spring water right. (B) Applican shall cease diversions from the Tamburello Spring and Tamburello Spring, First Enlargement whenever the consump- tive use water availablc to Applicants' out of their shares in the Lower Cactus Valley Ditch cr the water in storage in Tamburello Pond No. 1 are insufficient to replace out -of -priority depletions associ- ated with the diversicri cf water rights described in paragraph 29. (C) If an administrative call is placed on the Colorado River downstream of the confluence of Green Draw and the Colorado River and Applicants' Tamburello Spring water rights are cut -of -pri- ority, Applicants shall rsake releases from the Tamburello Pond No. 1 in such amounts as mai: necessary to replace all consumptive uses per the following tab_. All such releases shall be made to Green Draw, downstream of the =ower Cactus Valley Ditch. (D) The 2.05 gpm will be delivered from Tamburello Pond No. 1. Said pond will be filled utilizing in -priority diversions from Green Draw and by pumping consumptive use credits from Appli- cants' Lower Cactus Valley Ditch water rights, through the Tamburello lateral ditch. (E) Annual aucmentation requirements iri acre feet for replacement to Green Spr__ng are 6.4327 A.F. s /G ' Recorded at �� o'clock Reception Na 2O_ DEC ib WARRANTY DEED THIS DEED, Made ;his 7th da, of I!i>!¢trOgiVl December 19 89 between WILLIAM W. SHRIVER AND PATRICIA L. SHRIVER of the --- 'County of tL.s peke- (u4CA and State of Catlf lio, grantor. and GREGORY J. TAMBURELLO AND ANNE E. TAMBURELLO Recorder. 81.1.??: PEC11989 Sods Doc. Fee whose legal address is 1743-210 Road Rifle, CO 81650 of the —_-- County of Garfield and State of Colorado. grantees: WITNESS. that the grantor, for and in consideration of the sum of ----One Hundred Thirty Thousand and no/100 DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents docs grant. bargain- sell. convey and confirm unto the grantees, their heirs and assigns forever, not in tenancy in common'but in joint tenancy, 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: SEE EXHIBIT "A" ATTACHED HERETO AND FORMING A PART HEREOF also known by street and number as 1743.- 210 Road Rifle, Colorado 81650 TOGETHER with all and singular the hereditaments and appurtenances thereunto 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 bargaindd premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor. for himself, his heirs and personal representatives, docs covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and deli sery 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 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 ; .j • li i; I{ ij I I; 11 soever. except SEE EXHIBIT "B" ATTACHED HERETO AND FORMING A PART HEREOF l: The grantor shall and will WARRANT AND FOREVER DEFEND the above•bargaincd premises in the quiet and peaceable possession of the grantees, thcir 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 any gender shall be applicable to all genders. IN WITNESS WHEREOF the g.rantor has executed this deed on the dale set forth above. l3i William W. Shriver Patricia L. Shriver ••• STATE OF CMG0RARO Uta h • • -. ,l County of 'The foregoing:instrument was acknowledged before me.this -William W. Shriver and Patricia L. Shriver day of November. , 19 89 , Witness my hard and official seal. My liiTssion expires Ns aiy PUNK . 19 9e^ ti EXHIBIT "A PARCEL 1 Bt's( *?68�.i 634 The Northeast (carter of the Southeast Quarter (NE1/4SE1/4) of Section 2, Township 6 South, Range 93 West of the Sixth Principal Meridian, the southerly boundary of the said parcel being the centerline of Garfield County Road Number 210. PARCEL_ 2 A triangular tract of land situated southeasterly of the Cactus Valley Ditch and bounded on the East by Parcel 1 described above and on the South by Garfield County Road Number 210, Section 2, Township 6 South, Range 93 West of the 6th P.M. TOGETHER WITH the following described water and water rights, ditches and ditch rights; title to which is not included in the warranties contained herein: All water and water riohts, ditches and ditch rights appertaining to or used in connection with the above --described land, and particularly, but without limitation upon the foregoing, all right title and interest of the said party of the first part in the following ditch and water rights; (a) 3.99 Shares of the capital stock of the Grand River Ditch Company, which Shares are presently evidenced by Certificate Number 554 standing in the name of party of they first part; and (b) 25 gallons of water per. minute collected water, from time to time flowing. from those certain springs located on -adjacent. real property situated in the NW1/4 of the SE 1/4, Section 2, Township 6 South, Range 93 West of the 6th Principal Meridian, appurtenant to and used in connection with the existing residence situated on the real property described above, which water right is hereby conveyed with the ownership -of the existing storage tank and two inch line as the same are in place in said NW1/4 SE1/4. Also conveyed herewith is an easement and right--of-way along the location of said existing storage tank and water line, said easement and right--of-way to be sufficient width and nature for maintenance and improvements of said water system and for entry of machinery for such purposes. 1. Reservation of an undivided one-half interest of all mines and. wells and an undivided one-half interest in any and all minerals by R. Dean Hawn as more particularly describ-ed in deed recorded April 24; 1957 in .Book 300 at Page 75, and any and all interests therein or assignments thereof. 2. Reservation of an undivided three-fourths of all minerals and mineral rights as reserved by Glenn Anderson and Rose C. Anderson in deed recorded February 8, 1960 in Book 323 at Page 523, and any interests therein or assignments thereof. 3. Reservation of an undivided three quarter interest in all minerals and miner;' rights as contained in deed from Floyd Nobles and Ruth Nobles to Richard E. Barr and Doris J. Barr recorded May 19, 1965 in Book 366 at Page 138 and any interests therein or assignments thereof. 4 Reservation of an easement and right of way across Parcel 2 for a water line as more particularly described in deed reocrded April 21, 1978 in Book 508 at Page 860. 5. Easement and right of way for the Grand River Ditch insofar as it:.may affect subject property. 6. Easement and right.of-way for:a water line and ditch as more particularly described in deed recorded April 21, 1978 in Book 508 at Page 864. 7. General taxes and assessments for hte year 1989 and subsequent years. 8, Easements and rights of way of an apparent nature. 9. Mortgage for the benefit of The Federal Land Bank of Wichita to secure $89,000.00, datedMarch 29, 1978, and recorded April 21, 1978 in Book 508 at Page 867. 74 0ase 5/e/(r d24',viaxy a 5 Aivice =Aez- I to- ,zivepv,04,047, •,% , % t i 44, \t i I 1 . - - 1 f --4 t 3Y,