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HomeMy WebLinkAbout1.0 Application• • RECEIVED GARFIELD COUNTY MAY 2 1 2004 Building & Planning Department 108 8th Street, Suite 201 GARFIELD COUNTY Glenwood Springs, Colorado 81601 BUILDING &PLANNING Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com Special Use Permit GENERAL INFORMATION (To be completed by the applicant.) Street Address / General Location of Property: /2z) 4. eG( 32- / ➢ Legal Description: ; _! /-/A?C ➢ Existing Use & Size of Property in acres: 7 -28 A k2 -e 5 Description of Special Use Requested: '' 5 Apo! U r%' , t 7 frx �32 5 �ce / //I . , �-7-e .4 X 6.' g7.eZ. /(1,/,9 . , ➢ Zone District: 4 R o ➢ Name of Property Owner (Applicant): /( /ire 4 7/6 "" &�,4,- Zz ✓ ➢ Address: 02/ w (. 7c7,1 L / Telephone:� S// U //4' . ➢ City: gf6e State: ,1-22.Zip Code: r-75-6 FAX: 625-/4)S/ ➢ Name of Owner's Representative, if any (Attorney, Planner, etc): ➢ Address: Telephone: ➢ City: State: Zip Code: FAX: STAFF USE ONLY ➢ Doc. No.: Date Submitted: TC Date: ➢ Planner: Hearing Date: KS c. The site shall beposted such that the notice is clearlyand conspicuously visible P Y from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. In addition, the Applicant shall provide proof, at the hearing, that proper notice was provided. 5. Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the statements above and have provided the required attached information which is correct and accurate to t,- best of my knowledge. (Signature of applicant/owner) Last Revised: 11/07/2002 • • GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and /1 /.lam 4` (hereinafter APPLICANT) agree as follows: // 1. APPLICANT has submitted to COUNTY an application for L-64 i/V Akki f - i't , (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT Signature Date: J/pa-- X/pe 4,4 LGaw Print Name MailiY Address: c)"/7d ('•• � X32-/ ro.6/2J Page 4 Garfield County Assessor Property Search IP Garfield County J Colorado Property Information Page 1 of 2 Assessor & Treasurer Data Updated Quarterly with the last update released on 10/01/2004 Tax information is updated as of noon each Friday and will be available for viewing by 5 pm the following Monday. Search > Results > Detail Get Map us Owner Property Taxes Land Name: Type: Address: Address: Account number: Parcel number: Sub -division: Condo: Neighborhood: Area: Legal: Total Actual Value: Kirk A. & Trina L. Swallow Primary 2170 County Road 321 Rifle, CO 81650-8603 002170 321 County Rd Rifle, CO R024288 217720300224 152009 024 SECT,TWN,RNG:20-6-93 DESC: TR IN THE NESW LESS RD. .63 AC. $306,900.00 2003 taxes payable in $1'397.56 2004: ' Amount Paid: $1,397.56 Actual Value: $105,000.00 Land size: Square feet: Acres: 4.28 http://www.mitchandco. com/realestate/garfield/propertyDisplay.cfm?AccountNo=R024288 10/28/2004 Garfield County Assessor Property Search Building(s) Type: Actual Value: Description: Actual year built: Heated square feet: Bedrooms: Bathrooms: Stories: Architecture style: Construction quality: Type of heat: Roof structure: Roof cover: Exterior wall: Improvement(s) Actual Value: Description: Actual Value: Description: Actual Value: Description: Actual Value: Description: Actual Value: Description: Actual Value: Description: Residential $180,710.00 SFR Jan 1 1994 12: 2396 4.0 3.0 1 1-STRY/BSM AVERAGE HT WTR RAD GABLE PREFAB MET VINYL $1,110.00 OPEN PORCH $6,400.00 BALCONY $450.00 SHED $1,600.00 SHED $11,280.00 2 -CAR GARG $350.00 SHED • Page 2 of 2 Copyright © 2003 Mitchell & Company, Inc. All Rights Reserved. http://www.mitchandco.com/realestate/garfield/propertyDisplay.cfm?AccountNo=R024288 10/28/2004 • • Garfield County Building and Planning Department 108 8th Street, Suite 201 Glenwood Spgs., Co. 81601 Special Use Permit: Accessory Dwelling Unit, I propose to build an ADU unit, aprox. 432 sq.ft., inside a 60 x 40 insulated steel building; my land parcel is 4.28 acres in size. The steel building will be used for storage of my motor home, boat, etc. The ADU will be used for guests, my son or a mother in law sometime in the future. The ADU will be 18 ft. by 24ft, with one bedroom a bath, small kitchen and living area. Electric heat and appliances, insulated to code, built to code. It will have a flat roof, egress windows; no snow or wind loads would apply. When being used vehicles accessing the site would be minimal, one to two a day. There are existing structures on the parcel, a 20 x 20 barn, a water pump shed, a chicken coop. There is an existing electrical service that feeds my well pump. It is a 130 -amp service that is about 20 feet away from where the metal building is proposed; I will run an underground service to the building from this existing service. I have a city water tap and a well that feed into my existing water pump house, with existing pumping and pressure tank set-up capable of feeding the ADU with no changes, the amount of water will be minimal, household usage for one person and no outside use. I have a current building permit application submitted and close to being permitted for the steel building, it is designed with bathroom facilities and water that can be remodeled to incorporate the ADU. With the steel building there is a permit for a septic tank and leach field, we will size the septic to be able to accommodate the demand of the ADU, also a driveway permit has been obtained. One question you may have from the deed, when the property was purchased there was a 1500 sq ft double wide trailer located where the steel building is proposed, the address was 2169 County Road 321, I then built my new house across the road and was issued a new address 2170 Co Rd 321. Sincerely, Kirk Swallow 2170 Co. Rd. 321 Rifle, Co. 81650 /44iivieg q15 c) AL f o eQv i SS8 66t.2der &,eove (4, 6e,o,Nd 1,f-, -, gIC0( corm NO. GWS -25 COLORADO DN OF WATER RESOURCES urrn. t ur 11111 b I HI C tNIiII�1ttr t APPLICANT 818 Centennial Bldg., 1313 Sherrnan St., Denver, Colorado 80203 (303) 866-3581 '634 WELL PERMIT NUMBER 1+ u7 ? - F - DIV. 5 CNN. 23 WD 45 DES. BASIN MD Lot: Block: Filing: Stibdiv: DAVID R MCKENZIE & KIRK SWALLOW 2103 CR 321 RIFLE CO 81650- (970)625-9311 PERM T TO CONSTRUCT A WELL APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 SW 1/4 Section 20 Twp 6 S RANGE 93 W 6th P.M. DISTANCES FROM SECTION LINES 2561 Ft. from South Section Line 1596 Ft. from West Section Line ISSUANCE C)F THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDU1ONS OF APPROVAL. 1) This well shall be used in such a way as to cause no material Injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. Approved pursuant to CRS 37-90-137(2) for the replacement of an existing well, permit no. 45735-F. The old well must be plugged according to the Water Well Construction Rules. A Well Abandonment Report must be submitted within sixty (60) days after construction of the new well, affirming that the old well was plugged. Approved for the construction of a well, appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #950912MS(a). 5) The use of ground water from this well is limited to ordinary household purposes inside two (2) single family dwellings, the Irrigation of not more than 24,000 square feet (0.56 of an acre) of home gardens and lawns, and the watering of domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. 6) The maximum pumping rate shall not exceed 15 GPM. 7) The average annual of amount of ground water to be appropriated shall not exceed two (2) acre-feet (651,700 gallons). 8) A totalizing flow meter must be Installed on this well and maintained in good working order. Permanent records of alt diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. The well shall be constructed not more than 200 feet from the location specified on this permit and not less than 600 feet from any existing well. 10) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. NOTE: Emergency verbal approval, no. 96VE100, was given on April 5, 1996. No water was located under the verbal number, however, a replacement well was to have been constructed under monitoring hole notice number MH -27770. r}_D s-96 APPROVED JD2 ilf-e • State Engineer Receipt No. 0399830 DATE ISSUED MAY 0 8 1996 EXPIRATION DATE,MAY 0 8 1997 Map ID No 195 • Date Activated�l0/25/95 APPLICATION AND DATA FORM TO LEASE WATER FROM WEST' DIVIDE WATER CONSERVANCY DISTRICT A. APPLICANT Name ` 00,x; , GZ �V1t-k ..1 `', i rk j Wu [ 10(A Address ri1C)Gc.UJtY '.c� I �' �'GC.0 l(S() Telephone Number ci'1 / WS -(1111 Authorized Agent or Representative 1��,, ; A IAAc i4.,a1A, B. WATER RIGHT OWNED BY APPLICANT Name of Right t Iv1 Type of Structure or Right Lop -i1 C. Location of Point of Diverbl!i1on .�, 7 i r Q ir, 'C' Ir.a. � � t 4 ► S. jt I , L •L Gi 1) c\. F rG �ti, C 1.�. L J•C si ��e c- i'D.0 11) 4- O c i .-f . 0l> ----t Water Court Case No. Well Permit No. Qi; p,& qnr INTENDED USE OF LEASED WATER Location of Area of Use jt(j2 CA)LIJIlr\ (xttiirk), (?A 35 Po' cL CAD (See cn Descriptibn of Use D (2d g.) �� &no, oxAve �, l e cl n\ c�, e s �r t e , a•� c 5Z UP!! Gl 1 h nr.C..Y CAI C I Sln r../t Number of Dwelling Units Total Acreage AD,c1 + 1,1 Proposed Potable Water System Proposed Waste -Water Treatment System Projected Monthly Volume of Leased Water Needed in Gallons: Jan.Sb,aev Feb.3 ,tavb Mar.'4,pb0 Apr.S0}cam, May6,0loo0 Juneiobob July?ojctc Aug.SSoj000 Sept;?O" Oct.( fpac Nov .4�-O0 Dec .'Oit;bo Annus Total Gallons MO Acre Feet a Maximum Instantaneous Demand tS gpm D. OTHER REMARKS �J • Contract # 9509 S(a) Map ID # r 1� /95 Date Activated WEST DIVIDE WATER CONSERVANCY DISTRICT Water Allotment Contract Name of Applicant: --).1 Quantity of water in acre feet lies to the West Divide Waterr Applicant, hereby applies subdivision of the State APS' political s by virtue of C.R.S. ancy District, a P and existingreEer to as the Conserv 37_45�anized pursuant to and Colorado, 101, e�se4.r (hercontract to beneficially "District") 37-45- allotment owned, leased, or hereafter persetuall for an this application, or here, ande paerpetually use water or water execution ofagrees to subsequent t the District. Luse of water, Applicant hereby 9 subsequent delivery the following terms and conditions: water rights at Water Ri bts: Applicant shall own Applicant to 1• erein lawfully entitling Dint of vers l supplemented by water leased herein. be the P which will be through a well, it must divert a divert water, intends to ht to divert exists unt,l understoodf Applicantinter. Applicant that no right State Eng lid well permit PP, valid well permit is obtained from the Applicant in Water applied for by in 2. Quantic : Applicant's point and direct flow water rights, the amount set forth above shall be diverted at pP of diversion from the District's pursuant to administration when said by when water isunavailable lEnginediversion ry dui ng periods shall releaseirect fl the water Colorado State priority, the -District year ht is not in P uantity in acre-feet Perla is flow rfgAplicant up to said q the District. for the use water App or controlled bythe flow, storageItis of storage owned allotted fromthe understoodhthatoany quantity and legal or Applicant by the District will be ltad by otherwise, to the Asp Any quantity priority of the District'someDistrict'sys Wua cis.ter available and availability of water'as allotted will full be provided so' long the terms and cdtions Applicant fully complies icth`'allthe Applicant recognize ns Che APP The District and name of the Colorado of this contract• be in the District some ofW the Conservation decrees may and the ability of theheeDistt ct River Water Conservation htstto� the Applicant may on to allot direct flow rig vires less r the consent of the plicantColoradodetermines River e it Conservation s lessDistrict. the te water thann atth any time the Applicant it may so notify woe amount herein P. writing, accordance with such notice. and the amount of water allotted under this contract be reduced permanently in water y shall adjusted accordingly in following Rates shall be Any nly. t e Dls r Bect shall •e Use: tor 3. Beneficial Use and Location of Beneficial and Applicant yMunicipal, domestic e all water abeneficialotted use or uses: except to the extent the following for irrigation relatedt hauses, t irrigation and co availableof Contract andn. commercial cial water may not be Water commercial as47 those terms are defined on page tel a d the West ict . Applicant's beneficial use of any andn land 2_07_70-W0547 between the United States hnfacilities or cvipe wateroterrvany District). d allottedesdoperated,pall be worhunder Applicant's control. owned, leased, Celeases made by Decrees and Delivery: Exchangeor other works 4• a from Ruedi Reservoir, the facilities out the storage or from other sources aLaavailable to et or facilities of bDisdricv, the decreed point of t woe Distrisa, shall be dfaciilitiesforh at PP works of said storage -1- • • diversion for said other sources, and release or delivery of water at such outlets or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir shall be subject to the District's lease contract with the United States Bureau of Reclamation. Releases from other facilities available to District shall be subject to the contracts, laws, rules, and regulations governing releases therefrom. Furthermore, the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action. Any quantity of of the Applicant's allocation not delivered to or used by App by the end of each water year (October 1), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited to the amount of water available inpriority tytat tthe ehoriginal lepoint nt of diversion of the District's applicable the District, nor those entitled to utilize the District's s decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado State Engineer to estimate any conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case. The District, or anyone using the District's decrees, may call on any additional sources of supply that may be available at an alternate point of diversion, (though not at the original point of diversion) only as against water rights which are junior to the date of application for the alternate point of diversion. 5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant. The District reserves the exclusive right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it `shall be solely responsible for the procedures and legal and engineering costs necessary for any changes in water rights contemplated herein, and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual payments to the District based upon the amount of water allotted under this agreement. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under paragraph 18 below. In any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof. 6. Contract Payment: Non-refundable, one time administrative charge, in the amount determined by the Board of Directors of the District from time to time, shall be submitted with this application for consideration by the District. -2- • • Annual payment for the water service described herein shall be determined by the Board of Directors of the District at a per acre -Foot rate. The initial annual payment shall be made, in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among other things, of the water delivery year to which the initial payment shall apply and the price which is applicable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. If an annual payment is not made by the due date, written notice thereof will be sent by the District to the Applicant at such address as may be designated by the Applicant in writing. (If no address has been so designated in writing, then said notice shall be sent to Applicant's address set forth herein. Water use for any part of a water year shall require payment Eor the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. If payment is not made within ten (10) days after the date of said written notice, Applicant shall at District's sole option have no further right, title or interest under this contract without further notice and delivery may be immediately curtailed; and the allotment of water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District. 7. Security: As security to the District, the foregoing covenant of—annual payments in advance of water delivery, will be fully met by annual budget and appropriation of funds from such sources of revenues as may be legally available to the Applicant. As additional security to the District, the Applicant will hold harmless the District and any person, corporation, quasi -governmental entity, or other governmental entity, Eor discontinuance in service due to the failure of the Applicant to maintain the payments herein contemplated on a current basis. Applicant agrees to defray any out-of-pocket expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with ,any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8. Assignment: This agreement shall inure to the _benefit of the hairs, successors or assigns of the parties hereto, except that no assignment shall be permitted in the event the water right allotted hereunder is to be used for the benefit of land which will be subdivided or otherwise held or owned in separate ownership interests by two (2) or more users of the water right allotted hereunder. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this contract, have any rights hereunder. Any assignment of the Applicant's rights under this contract shall be subject to, and must comply with, such requirements as the District may hereafter adopt regarding assignment of contract rights and the assumption of contract obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment contracts. 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law. 10. Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement" with the District under terms and conditions determined by the Board of Directors of the District, if and when, the Board of said District -3- • • determines in its sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for additional annual monetary consideration for extension of District delivery services and fiir additional administration, operation, and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant. 11. Change of Use: The District reserves the exclusive right to review, reapprove or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this contract. 12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described in the documents submitted to the District at the time this agreement is executed (said documents are incorporated herein by this reference thereto), or in any operation and maintenance agreement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water rights herein, other than as permitted in paragraph 8 above, shall he deemed to be a material breach of this agreement. 13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal fee title interest in or to any water or water rights referred to herein. 14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water rights herein, and hereby agrees to be hound by any conservation plan adopted hereafter by the District for use of District owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict uses as follows (unless specific waivers are appended to this agreement). Violation of these restrictions shall be deemed to be a material breach of this agreement. Use Annual Maximum Diversion Household 1/3 acre foot Domestic (includes lawn) 1 - 3 acre feet Livestock (cattle) 1 acre foot/100 head Irrigation 2 - 3 acre feet/acre 16. Well Permit: If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well permit before District is obligated to deliver any water hereunder. 17. Representations: By executing this agreement, Applicant agrees that he is not relying on any legal or engineering advice that he may believe he has received from the District. Applicant further acknowledges that he has obtained all necessary legal and engineering advice from his own sources other than the District. Applicant further acknowledges that the District makes no guarantees, warranties, or assurances whatsoever about the quantity or quality of water available pursuant to this agreement. Should the District be unable to provide the water contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund from the District. 18. Costs of Water Court Filing:Should the District, in its own discretion, choose to includApplicant's contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceeding. -4- 19. Binding Agreement: This Agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application for Purchase of Waters from the West Divide Water Conservancy District" fully completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. 20. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT. IT IS TUE CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. STATE OF COLORADO ) COUNTY OF GARFIELD ) this APCAN': ay )(Vv€) APPLICANT ADDRESS:(j la ��Ft�ILc, cbll; �O' SS. The foregoing instrument was acknowledged before me on la AK. day of 3 r-ptefiahf'i 1935, by 11(I.Disd. p. - r11t 1S f'r\ Le. c'aylfi VIA. jlc�(1�10u Witness my hand and official seal. My commission expires: al t -i ct 5 `` ,( No ars Pu,. c lQi�dC�� ORDER After a hearing by the Board of Directors of the West Divide Water Conservancy District on the above application, it 1s hereby ORDERED that said application be granted and this contract shall be and is accepted by the District. WEST DIVIDE WATER CONSERVANCY DISTRICT By President�.vy tr44-e-eY (043 - Sec et3ry ( Date This contract includes and is subject to the terms and conditions of the following documents which must accompany this contract: 1. Map showing location of point of diversion (use map provided) 2. Application and Data Form fully completed and signed 3. Other -5- • City Of Rifle moiRsDED4h6g/4 202 RAILROAD AVENUE P. 0. BOX 1908 RIFLE, COLORADO 81650 TELEPHONE: (303) 625-2121 Bong Ntiti: tr.; baj5 0-CLCCK/4.m. JUN 2 3 1993 MILDRED ALSDORF, COUNTY CLERK CONTRACT TO PROVIDE SERVICES i CONTRACT is made and entered into on the _____ tql.L. i 199, by and between the City Color o, a municipal corporation, hereinafter called the Kirk Swallow, as the owners oi- che Leal p-1:operty described hereinafter called the "Owner." RECITALS: day of ____ of Rifle, "City" and hcrcaftc.:r, 1. Owner is desirous of obtaining the municipal service(s) hereinafter described from City and City is capable of providing this service on or before December 1, 1993. 2. The property hereinafter described is not presently of being annexed to the City of Rifle. However, at such time annexation is permissible, Owner, fut.Fhaotpille49*--, agrees to annex the property to the City. THEREFORE, in consideration of the mutual promises and covenants herein contained, the parties agree as follows: 1. The City agrees to provide Owner with the following municipal service(s): Water 2. The City will provide said service(s) to Owner, or its successors in title, to the following described property, situate in the County of Garfield and State of Colorado, to -wit: capable as such • IP IP See Exhibit A attached 3. The City will provide said service(s) subject to the rules, regulations, and ordinances of the City of Rifle as are now in effect, or as they may hereafter be amended. The cost of extending service lines will be borne by the Owner, as provided elsewhere in the Rifle Municipal Code, and at or prior to the delivery of the municipal service(s), the Owner agrees to pay all tap and systems improvement fees and water rights dedication fees required by the ordinances of the City of Rifle. By signing this contract, the undersigned Owner agrees not only for themselves, but for their agents, employees, tenants, or successors in title, to be bound by all of the ordinances of the City of Rifle insofar as they may pertain to the providing of the municipal service(s) herein described. nog 866ru:616-- 4. During the terms of this contract, the Owner agrees to pay for the above-described municipal service(s) at the rate and in the manner which may be provided by the Rifle Municipal Code for municipal utility consumers residing outside the City limits. The City reserves the right to modify these charges or regulations. 5. The Owner acknowledges that the municipal service(s) will be provided to them on an interruptible basis, and the City may, in the manner provided by the Rifle Municipal Code, discontinue providing the above-described service(s); in such event, the City will not be held responsible for any harm or damage resulting from such termination. 6. At such time as the property described above meets the legal requirements for annexation to the City, as the same are prescribed by statute or ordinance (or within 60 days from the date hereof, if the property is presently capable of being annexed), the Owner agrees to petition the City of Rifle to annex the property to the City. This annexation will be accomplished within one year after the property becomes eligible for annexation, or sooner if practical. Owner may annex their property in conjunction with adjoining property owners within the time limits herein prescribed. Cost of annexation will be the obligation of the Owner. 7. The Owner agrees, for themselves, their heirs, successors, and assigns, to join in any street, curb, sidewalk, or other improvement district which may be formed by the City and which affects the property described herein. 8. Within one year from the date of annexation, Owner agrees to petition to include the property described in Paragraph 2 hereof within the Rifle Metropolitan Park District. 9. In the event the Owner fails to annex their property to the City, as required by this contract, the City may, without otherwise limiting .its legal rights, bring an action to enforce the terms of this contract, discontinue providing municipal service(s) to the property, or treat this agreement as a petition for annexation and annex the property without consent after 30 days written notice to Owner. 10. In the event the City is unable to provide the service(s) within the time set forth in Paragraph 1 hereof, this contract will be null and void, and all parties relieved of all obligations hereunder. 11. Time is of the essence of this agreement, and all of the terms and conditions of this agreement will bind the heirs, successors, assigns, or personal representatives of the parties hereto. This agreement to annex constitutes a covenant which runs with the real property described in this contract. This contract sets forth the entire understanding between the parties, and any previous agreements, promises, or understandings have been included in this Agreement. 12. Recording and filing fees imposed by the Garfield County Clerk and Recorder and others as a result of the application shall be advanced by the Owner prior to the documents being tendered for recording. 13. Upon completion or satisfaction by the Owner, or their successor in title, of all of the terms and conditions of this agreement, the City Manager is authorized to prepare an affidavit to Hog 866 PICT 637 that effect, which may be recorded with the Ga ieid County Clerk and Recorder. Upon recording such an affidavit, this contract, and the conditions imposed therein, will be fully and completely released, and will no longer constitute a lien or charge against the real property herein described. IN WITNESS WHEREOF, the parties have set their hands and seals this day of ATTEST:.% • Clerk STATE OF COLORADO ) ss. COUNTY OF GARFIELD CITY OF RIFLE OLORADO By: Kirk Swallow City cqt5dA he foregoing was subscribed and sworn to before me this day of4i. 199, by and Ellen iltagraugl, as Mayor and City Clerk, respect-ivelY, of the City of Rifle, Colorado My commission expires: / Witness my hand and official seal. STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) Notary Public he foregoing was subscribed and sworn to before me this c>2/'day , 199, by Kirk Swallow My commission expires: Witness my hand and official seal. Notary Public • EXHIBIT "A" BOOK 866;"r, 638 A tract of land situate in NE1/4SW1/4, Section 20, Township 6 Sot'th, Range 93 West of the 6th P.M., beginning at the Northwest corner of the NE1/4SW1/4 of Section 20, Township 6 South, Range 93 West of the 6th P.14., Garfield County, Colorado; thence North 89'27'51" East, 507.34 feet along the east/west centerline of said Section 20; thence South 15`18'26" West, 228.46 feet to a point on the southerly right-of-way line of County Road #321; thence North 69'12'34" West 15.50 feet along said County Road right- of-way; thence South 39'14' 32" West, 675.12 feet along the northwesterlY boundary line of a parcel owned by the City of Rifle and described in Document No. 136127 of the Records of Garfield County, Colorado; thence Borth O 25126" 733.00 feet along the west ling of the NE1/4SW1/4 of Section 20 to the POINT OF BEGINNING. EXCEPT that portion of County Road #321 lying within said parcel. • • Kirk Swallow A tract ogd situate in NE1/4SW1/4, Section 20, Township 6 South, Range, 93 #W9of the 6th P.M., beginning, at the Northwest corner of the NE1/4SW1/4 of Section 20, Township 6 South, Range 93 West of the 6th P.M., Garfield County, Colorado; thence North 89°27'51" East, 507.34 feet''along the east/west centerline of said Section 20; thence South' 159.18'26" West, 228.46 feet to a point on the southerly right-of-wy;`line of County Road #321; thence North 69°12'34" West 15.50 feet along said County Road right-of-way; thence South 39°14'32" West, 675.12 feet along the northwesterly boundary line of a parcel owned by the City of Rifle and described in Document No. 136127 of the Records of Garfield County, Colorado; thence North 0°25'26" West 733.00 feet along the west line of the NE1/4SW1/4 of Section 20 to the POINT OF BEGINNING. EXCEPT that portion of County Road #321 lying within said parcel. Also known as 2170 County Road 321, Rifle, Colorado 81650. • • GARFIELD COUNTY Building & Planning Department Review Agency Form Date Sent: July 6, 2004 Comments Due: July 26, 2004 Name of application: Swallow Special Use Permit Sent to: Garfield County Road and Bridge Dept. Garfield County requests your comment in review of this project. Please notify the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staff contact: Jim Hardcastle 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments: _Garfield County Road and Bridge Department has issued a driveway permit for this location. The number on the driveway permit is number 24 and it was issued on April 26, 2004 with conditions specific to the location of the driveway. Garfield County Road and Bridge Department has no objections to the Special Use Permit as long as the conditions of the driveway permit are complied with. An extension of the driveway permit will be issued to Mr. Swallow while the Special Use Permit is going through the permitting process. Name of review agency: Garfield County Road and Bridge Dept By: Jake B. Mall Date _July 7, 2004 Revised 3/30/00 • • EXHIBIT "A" A tract of land situate in NE1/4SW1/4, Section 20, Township 6 South, Range 93 West of the 6th P.M., beginning at the Northwest corner of the NE1/4SW1/4 of Section 20, Township 6 South, Range 93 West of the 6th P.M., Garfield County, Colorado; thence North 89°27'51" East, 507.34 feet along the east/west centerline of said Section 20; thence South 15°18'26" West, 228.46 feet to a point on the southerly right-of-way line of County Road #321; thence North 69°12'34" West 15.50 feet along said County Road right-of-way; thence South 39°14'32" West, 675.12 feet along the northwesterly boundary line of a parcel owned by the City of Rifle and described in Document No. 136127 of the Records of Garfield County, Colorado; thence North 0°25'26" West 733.00 feet along the west line of the NE1/4SW1/4 of Section 20 to the POINT OF BEGINNING. EXCEPT that portion of County Road #321 lying within said parcel. Z CD 0-37 143 W rn j 7 rrt^�" Q X W Z � O U -77 (0 • N A c. 0 c z 0 2 1 iiihie G 0 m O 0 co 0 cn 0 z D N c0 co 1 MP r71 D co cyy -P� 0 0� 0) Recorded at ?../' �lo''clock /9 M , Reception No s '9063 SEP Z 9 flj a 11O014917PAG[448 Recorder. THIS DEED, Made this mZ 64\ day of AUGUST ,19 94 , between SWALLOW OIL COMPANY SEP 2 9 1991 GA R F I ELC State Doc. Fee a corporation duly organized and existing under arid by virtue of the laws of the State of Colorado, of the first art and KIRK A. SWALLOW AND TpRII1L. SWALLOW as joint tenants with right of survivorship whose legal address is 2169 Co. Rd. 321 Rifle, CO 81650 of the County of Garfield State of Colorado, of the second part, WITNESSETH, That the said party of the first part, for and in considera- tion of the sum of Ten Dollars and other good and valuable considerations DOLLARS, to the said party of the first part in hand paid by the said part ies of the second part, the receipt whereof is hereby confessed and acknowledged, hath remised, released, sold, conveyed and QUIT CLAIMED, and by these presents doth remise, release, sell, convey and QUIT CLAIM unto the said part ies of the second part, their heirs and assigns forever, all the right, title, interest, claim and demand which the said party of the first part hath in and to the following described real property situate, lying and being in the County of Garfield and State of Colorado, to wit: A tract of land situate in NE1/4SW1/4, Section 20, Township 6 South, Range 93 West of the 6th P.M., beginning at the Northwest corner of the NE1/4SW1/4 of Section 20, Township 6 South, Range 93 West of the 6th P.M., Garfield County, Colorado; thence North 89°27'51" East, 507.34 feet along the east/west center— line of said Section 20; thence South 15°18'26" West 228.46 feet to a point on the southerly right of way line of County Road No. 321; thence North 69°12'34" West 15.50 feet along said County Road right of way; thence South 39°14'32" West 675.12 feet along the northwesterly boundary line of a parcel owned by the City of Rifle and described in Document No. 136127 of the Records of Garfield County, Colorado; thence North 0°25'26" West 733.00 feet along the west line of the NE1/4SW1/4 of Section 20 to the POINT OF BEGINNING. EXCEPT that portion of County Road No. 321 lying within said parcel. THIS DEED IS BEING RECORDED TO CORRECT THAT CERTAIN DEED RECORDED JUNE 17, 1994 IN BOOK 906 AT PAGE 013. also known as street and number 2169 Co. Rd. 321, Rifle, CO 81650 TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said party of the first part, either in law or equity, to the only proper use, benefit and behoof of said part ies of the second part, their heirs and assigns forever. IN WITNESS WHEREOF, The said party of the first part hath caused its corporate name to be hereunto subscribed by its President, and its corporate seal to be hereunto affixed, attested by its Secretdry't,'r',eday and year first above written. Attest: 1 1: SWALLOW OIL COMPANY (r W - - secretary. .. sy zwz , /e, GARYv ; ALLOW STATE OF COLORADO County of Garfield The foregoing instrument was acknowledged before me this } SS. 19 94 , by GARY SWALLOW MURIEL D. SWALLOW SWALLOW OIL COMPANY y Mym aiotarial comission expires -1 ` )1-1 Ct1,.0 Wtnessg rny'iand and official seal. No 10843. QUIT CLAIM DEED.—Corporation Form—c Bradford Publishing Co., Denver, Colorado — 11-79 day of AUGUST as as President. President and Secretary of a corporation. Notary Public. L�� w 0 0 0 0 0 OUVII0'I0O 30 a Lvis 0 • QE1Q L%IIVID ZIITh