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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-countv.com RECEIVED yirS l d Yt .. GARFIELD COUNTY BOLDING & PLANNING Special Use Permit GENERAL INFORMATION ��kk • Street Address / General Location of Property: i Cit p`,- l;%h<,f_ 1) 11 b t . Legal Description: -j`•S (..oS c1 -,w (:: CO 1 0 i'i.i': r it i . e)(1--(,‘,ttit- . i AIII - 353-0) -Lig R-- c. • Existing Use & Size of Property in acres: („.f.) ,c�,4 - 1�-c `�,1 jr,},i(ri .�tti�(;) (. Description of Special Use Requested: DJ J') } �, 1 l_ .ki, (.c Zone District: Nk. V J Name of Property Owner: 07.4.kiA.i� ,t,i,its. L. i ,f\( t.--- ‘ • Address: Y :. C`'Y ,. )L, i Telephone: CT(. _ 1 ;;/ , L12 . City: Y ti kit-- State: 'k._,) . Zip Code: 'S Ilia,.. FAX: . Name of Owner's Representative, if any (Attorney, Planner, etc): . Address: Telephone: City: State: Zip Code: FAX: STAFF USE ONLY Doc. No.: SUPTSO$ Date Submitted: 5-0? TC Date: Planner: Hearing Date: water{CLZwdwcd. .13 wdwcd-ory Fax: vt0625-2751r. WEST DIVIDE WATER CONSERVANCY DISTRICT 109 WEST FOURTH STREET P. O. }BOX 1478 RIFLE, COLORADO 81650•1478 Tel: 970-625-&* 1 July 19, 2007 Gary and Patricia Wallace P. O. l3ox 201 Rifle, CO 81650 Dear Mr, and Mrs. Wallace: Enclosed is your approved contract #070719GPW(a). Please read the contract carefully if you have not already done so, but please especially note paragraph 2 concerning availability of water. West Divide obtains its augmentation water from a number of sources and operates its water supply program pursuant to a "Temporary Substitute Supply Plan ("TSSP") approved annually by the State Engineer's Office. TSSPs are common for water conservancy districts and West Divide has operated pursuant to a TSSP for several years with no significant reliability issues. Federal policy relating to endangered species, environmental concerns, and forces of nature are always such that no source of water can be guaranteed during any season or from year to year. Further, the State Engineer's Office periodically reviews the geographic area served by West Divide and has recently made a decision to reduce West Divide's Area A Service Area. While your structure is currently located within the West Divide Area A Service Area, the Division Engineer's Office could make another adjustrnent to the Service Area in the future and your structure could fall outside the Service Area and be subject to curtailment by the State Engineer's Office. West Divide continues to make good -faith efforts to obtain alternative long-term supplies in an effort to make reliable and predictable the water supply anticipated by your contract with us. West Divide also continues to snake good -faith efforts to maintain its existing TSSP and keep its Area A Service Area intact. For most years, we expect to be successful in these efforts. This water allotment contract may require you to obtain a well permit from the State Engineers office. Once your well is drilled you are required to install a measuring device and submit a meter reading to West Divide, upon request. Non -comae with measuring and reporting requirements are grounds for cancellation of your water allotment contract with West Divide. This could result in action by the State Engineer which could prevent your farther use of your well. Sincerely yours, C(("Id ✓ .dan�et Maddock Enclosure cc Division No. 5 Water Resources w/enclosure Kerry D. Sundeen, Hydrologist w/enclosure Samuel B. Potter; President Kelly Couey, Vice Prod lent Robert .s. Zr►ne1 a., Sec.;i etu, i- LaVerrw St:trbuck, Tre.as,orer E3ruce E. Wampi_-r, s..lirector APPLICATION TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT 109 West Fourth Street, P. 0. Box 1478, Rine, Colorado 81650 1. APPLIC:ANT /NFORMAT/ON - Name: •-) `4, (1.7 CO Y I t Mailing addrms. . - Al‘• C.) Telephone: 9-21:Q_ 3 7 C4 ^ 0 f:-.:, Authorized agent._ 2. COURT CASE Vs: Decree Cast No_ Augmentation Plan Case No. 3 USE OF WATER RESWENTIAL (check applicable boxes) _ Ordinary household use Number of dwellings: __i____ L] Subdivision: No. constructed units:No. vaunt lots _ $ Home garden/lawn irrigation of (.4 if)S_i sq. ft. Method of irrigation: LI flood p sprinkler 1.1 drip i'.1 other Ki Non-commercial animal watering of ......5__. animals Lt Fire Protection El Evaporation: Maximum water surface to he exposed: Description of any trse, other than evaporation, and method of diverSion. rate of diversion, and annual amount of diversion of any water withdrawn from the pond: ^•.• --•-•-- PI 'ell •CP ri'ente1111e,r flit/W.27.e '1.V1 bh.o? bc Ihttn frEt env”r", Opprif:(11;0..1 711(i '4 1,1! 1,1•1•".': (N[.Vi7fr!. O COMMERCIAL (check applicable boxes) Nurnber of units: ___Total sq. ft. of commercial units: _ Description of use: INDUSTRIAL Description of use: Evaporation: Maximum water surface to he exposed:_____ _ Description of any use, other than evaporation, and method of diversion, rate of diversion. and annual amount of diversion of any water withdrawn from the pond: O MUNICIPAL Description of use: -- 0 DIRECT PUMPING Tributtity Location: 4. SOURCE OF WATER Structure: Structure Name: Source: 0Surfac.e orage 3Ground water Current Permit _ _ (attach copy) Fax: (970) 625-2796 Telephone: (970) 625-5461 5. LOCATION OF STRUCTURE County Quartaiqaancr Quarter '---.---__cSoeiiot, "'owns/lip f)istance of welt from section lines: Rn P. M. Elevation: Weil location address; / t: (Arad: addiiional pages far ntudtiple stn4clures) 6. LAND ON WHICH WATER WILL BE USED (Legal description may he provided as an arrachmem.) Number of acres in tract; 7. TYPE OF SEWAGE SYSTEM ›s(Septic tank/absorption leach fieldf,..X.s.entral system ;.:Other District name: S. VOLUME OF LEASED WATER NEEDED IN ACRE FEET (minimum of I am foot excEvt aup,numtation from Alsbuty Reservoir where a lesser alTIOLSM. t aii0WC41) .! /row r:.7/7(th. r:';(cifn../ 1.6 .•2ppiica;il e.voi-t•to:r itrfri ?"`7, ,31fr."`elP! ltr,"; .111%1 ....... .114 ApprIcartt si Applicant ign ture Application Date: `- 7 ISSUED AS AREA B CONTRACT YES NO The printed portions of this form, excenillferentrated additions or deletions, have been approved and adopted bY-the West Divide Water Conservancy Disuicl. Form # WDWCD 05090 t APP WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT Name of Applicant: _...._ _. Quantity of Water in Acre Feet: Contract #070719GPW(a) Map #570 Date Activated 7/19/07 Applicant, hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado. organized pursuant to and existing by virtue of C.R.S. 1973, §37 -45 -En I, a A„ (hereinafter referred to as the "District") for an allotment contract to beneficially and perpetually use water or water rights owned. leased, or hereafter acquired by the District. By execution of this ('ontwt and the attached Application. Applicant hereby agrees to the following terms and conditions: l • Water Righty Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water, which will be supplemented and augmented by water leased herein. If Applicant intends to divert through a well, it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources. 2. Quantity: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's dircet flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado State Engineer during periods when said direct flow water right is not in priority, the District shalt release for the use ot'Applicant up to said quantity in acre feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from diret,-t flow, storage or otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terms and conditions (Willis Contract. The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability (Attie District to allot direct flow right to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. flat any time the Applicant determines it requires less water than the amount herein provided, Applicant may so notify the District in writing, and the amount of water allotted under this Contract shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and Location of Beneficial Use: Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses: industrial, municipal, domestic and related uses, or commercial (except for commercial use from Alsbury Reservoir and except to the extent that Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract No, 2-07-717-W0547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facititles or upon Land owned, leased, operated, or under Applicant's control. 4. Decrees and Delivery; Exchange releases made by the District out of storage from Ruedi Reservoir, Cn'een Mountain Reservoir, Alsbury Reservoir, or other works or facilities of the District, or from other sources available to the District, shall be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of diversion fur said other sources, and release or delivery of wauer at i SENIOR RIGFCT, 1+43 iti.`? RESENT ATION OTHERWISE IS MADE BY Ti -IE DISTRICT, IF THIS ISA CONCERN TO APPLICANT. THIS CONTRAcr YRE RESCINDED UPON WRITTEN NOTICE DELIVERED TO THE DISTRICT BY THE APPLICANT WITHIN THE FOLLOWING THE AFFIXING OF SIGNATURES ON THIS CONTRACT IN WHICH EVENT ALL SUMS PAID BY APPLICANTPOP, THis CONTRACT SHALL BE IMMEDIATELY REFUNDED TO APPLICANT. Applicant ST.kTE OF ,• Applicant ) ss. COUNTY OF The foregoing instrument was acknowledged before me on this day of v . • i • 't •• Witness my hand and official seal. M commission expires: Janet Maddock otary P STATE OF ) Commission Expires 12-23- ) ss. COUNTY OF The foregoing instrument was acknowledged before me on this day of , 20 , by Witness my hand and official seal. My commission expires: , , 20 by Notary Public ORDER After a hearing hy the Board of Directors of the West Divide Water Conservancy District tin the Application, it is hereby ORDERED that said Application be granted and this Contract shall be and is accepted by the District. ATTEST.. - St)tcretary' WEST DIVIDE WATER CO_N4ERVANCY DIST ICT • t-te(ti_ By President Date This Contract includes and is subject to the terms and conditions of the following documents which must accompany this Contract: I. Map showing location of point of diversion (use map provided) 2. Application and Data Form fully completed and signed The printed portions orals forth, except differentiates] additions or deletions, have brat approved and adopted by the West Divide Water Couservaney District. Fora, OWDWCID 050901 CONTRACT. ••• Gary and Patricia Wallace P. 0. Box 201 Rifle, CO 81650 n any sharedwell non-payment ofany portion of the fees due deems the whole contract cancelled. Contract Administration Fee Recording Fee Colorado River Augmentation Plan Assessment Augmentation Water Contract . , , ‘ . - 1 \, \-1 ' A,-....„. (.i" , . • A • 1 •..•_\ 250.00 10.00 55.00 105.00 250.00 10.00 55.0() 105.00 .... Total $420.00 n any sharedwell non-payment ofany portion of the fees due deems the whole contract cancelled. COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST., RM 818, DENVER, CO 80203 f..torie - 303)1.1GC-3587 Main: (303) 63-3581 1 ax: (303) 8(36-3689 http)/www water .State.co.us RESIDENTIAL Note i.150 VSe. fort- to apply fthr livestock waterino Water Well Permit Application Review instructions on reverse side prior to completing form. The farm must be completed in black or blue ink or typed. Office Use Only Form GWS -44 (06/20061 1 1. Applicant Information 'Jams at appacrtt ' t• .1 - • MWngaJetess VC.% t)() GS). SlaUs "-) , 21p L -c • V L.,) ) ' Tolop,O1 \ . E•Maa (Opasha:) 1'10 Cs ()C.-.) 2. Type Of Application (check applicable boxes) Constrict new well Replace existing well 0 Change source (aquifer) Other: A ikti- O 'Jse existing well 0 Change Of increase use pi Reapplication (expired permit) 6. Use Of Well (check applicable boxes) See psiructions to determine use(s) for which you may qualify .0 A. Ordinary household use in one single-family dwelling (no outside use) O B. Ckrimary household use in 1 to 3 single,famiiy dweings: Number of dwellings: ___ Home garden4awnirrigation, not to exceed one acre, area Irrigated 41.- jg sq ft. 0Vcre ,L -J Domestic animal watering - (non-commercia() O C. Livestock watering (on farmrtanchirange/pasture) 3. Refer To (if app(icable) 'Nel permit Denied r3.oLi Cleurrsitekon N Water CryJn case N nar4c,1. 7. Well Data (proposed) Moorman p,tepst I'S; • Total eer:1r. gpm feel annuasero.tnI. ra vvitharaver. acre-feet .Acteir k 4. Location Of Proposed Well County . 21\jj of Itt o • 1;4 Sothihn Toanihm N sr I Ringo C o W., P•nopat Stemtah .3(1> ":"71 eyv, iIlc or wet tram sectkr, hoes (settss.;,nes ore typleaity net prapdtty 40110 train N rrj$ Fr. frran E 0 W ;or !e0Melieht N./Ps.o-Py ch.:Am-tee aryl ifimchilan `roll o.d wet fa new well feet direction vvwt iocasun seeress Maude City. Stets. Zip), 0 Check If watt mliltafi$ i5 same as 01001 m tL.L? , k (:' ; V.‘ti-i, • • , tr: - GPS wesmstia-al ntarmation in urN1fr!at GPS wsa se:11Na ze0 faltass Forulat most 00 Lam 0 Roe 12 or El zcr.e Fastin Links must ate Metall Pahmelest be MA613 tkuthing Lrlit rrA.,81 be set 10 In* north c.hatsced lar above, rij S Remember to Bet baturit to NAOB3 5. Parcel On Which 'Weil Will Se Located (PLEASE ATTACH A CURRENT DEED FOR THE SUBJECT PARCEL) A. You must check and complete one of the following:_ 0 Subdivision- Name't .L%IX, Lot Bleck filrrgiUnt ;__J ▪ County exemptiun (atiacii el4fry u cots ity approval & survey): Narne/# Lot* ..._... n Parcel less than 35 acres, not in a subdivision. attach a deed with metes and bounds description recorded prior to June 1, 1972. and a current deed MinirG .___._.. O Square 40 acre parcel as described in Item 4 Parcel of 35 Or more acres (aridch a the: -c; yourhes Oestriusou suvey) O Other (illin(noluil IS_ bounds Go&Striptan or ss,rw 800 supoorSup documents) f3. Poi acres in persei : C. Akre you [he u.,hler at ti•• s parcel, D Dr - see mkusscos) D. 1rIlrIrs110 tl551wwor5IIrr precei, CJvss [2 as! other wattSt E *ate Patoez iajape:hal) 8. Water Supplier is this parcel within boundaries of a water service area? CIYES..0 Nc.) If yes, provide name of supplier: S. Type Of Sewage System ;7_1 Septic lank / absorption leach field O Central' system: District name: O Vault: Location sewage to be hauled to: O Other (attach copy of engineering design and (eport) 10. Proposed Well Drille-r License #(optional): k..;A 11. Signature Of Applicant(s) Or Authorized Agent The making of false statements herein Constitutes perjury hi the second degree. which s punishable as a class 1 misdemeanor pursuant to C.R.S 24-4-104 (13)(a). I have read the statements herein. know the contents thereof and state that they aro true tomy knowtedge. Sirrl,nere IWO! be DHOW Kmatkrat • Oath t CN Ai"sCk: a;_Ci Punt fsen,--0 & fit* Office Use Only uscs mac, :Irmo Receipt area oniy isse I 0 Leta= *Icy CWCB TCP:; DIV VW+ "1, _____ Shelton Drilling Corp P.O. Box 1059 Basalt. Co, 81 621 (970) 927-4182 Lic. # 1095 Name :Gary. Wallace ... Invoice # : C-2828 cio Date : 2121/2008 Address : P.0, I3ox 201 Pe«nit #: _... _661.1 I -F City. St, Zip :_Rifle, Co 81630 _ Location : Hunter Mesa Phone # ._.�--...---... Hole Size Depth Type Casing ID Casing CD From -To rI Y.i 4,-, Y.: c .. _._ Jl�tl c 6.J n r.0 rt A' o-44: 6.5 140 PV{' 5.0 5.5 36-140 Perforated Ft : 60 ft Estimated 3 gpn * Static Level 46 ft -Dotal Drilled : 140 ft Recommended Pump Set Depth 135 - Ft. Pumping 3 GPM For Putnp Installation We Recommend : Samuelson Pump 945-6309 Raun J & M Pump Co 945-6159 Rick Aqua Tec 945-27()3 1$JIli Instructions : Price Per Foot 90 Feet 1 8_30.00 Per Foot = $2.700.0() Feet ;u $ Per Foot = $ 0.00 Total Footage Charge ,y; 2.700.00 $ Minimum Well Charge (0 - 50 feet ) . .(if applicable) $ (.'onditio 1Jf Of rayl1ICilt pay $ 6, 700.00 PLEASE READ THE FOLLOWING RECOMMENDATIONS I. *WI: S'T'RONGLY RECOMMEND A VALID PUMP TEST BE CONDUCTED BY A LICENSED PUMP INSTALLER •fir'• 1•n��.{ •- 1r Af-"r1 ',WELL. n Ora PRODUCTION A1rT'. hpt- )I AI I•D / 'THIS SI 1(\1 r n ESTABLISH 111-• I ) 1)L fl;.n FV i '.C• THE P11,,.1 Vt1L, r RtJt)t)... 1 11)1`1 /IIVL) YY H 1 7 R C1J/'%L1 ! 1 . 1 1113 3111Jt11,1J 1111: ACTUAL UAI. WELL. PRODUCTION PARAMETERS WHICH CANNOT BE DETERMINED WHILE DRILLING Z. Okll GUARANTEE IS VALID ONLY IF A I,ICENS%D PUMP 1NSTAI LER INSTALLS ...HLIIIM TNG SYSTEM ±' 3. The landowner is ultimately responsible for the plugging and abandonment of dry holes or replaced wells. according to State Rules and Regulations. Please contact us for details andior prices. 4. ALL INVDICESIALLAND f &YALE WITHIN 10 DAYS OF INVOICE DATE, U L,E:'4 P IOJ ARRANGIL- MEN_TS.f1.R,.EAADE..A.j 51¢ HANDLIN(; CFIARC'F PER NINTH MAY RE ADDED 15 DA S FRAMER BILLING, Please call us if you have any questions. THANK YOU I 'I Sendto: Division of lVliiCl RC1tUC(5 11X; 303-866-3589 1313 Sherman Street, Room 818 Phone: 303-866-3581 Denver, Colorado 80203 OWNER'S NOTICE OF CONSTRUCTED WELL -5,r „. Construction of my well under Permit No. 1 4' % \ 11 _ t was completed on 1 - )41;1 (month) (day) (year) t: % k t f The well was constructed by: (drilling company) If the pumping equipment has been installed .lJ +VyV I k The p rnYYLL1p installed in 11 iy well 1.) ,N I�. } . , i..., `,.- ,`�'Y` ,� � ... (pump company) l� on ,,'` (month) (day) (year) \ ti y i ' i .'�i_( n"',r fl Signed: '�` '�� S tV v sci+�ut !.~. "; Date: ,'} 3) \ 0'8 Phone: Cili 2_._.)-V-1_.:% The well must be constructed and pump installed by licensed water well construction and pump installation enntraetnrs, OR the well may be constructed and/or the pump may be installed by the well owner if the well is constructed and/or pump is installed using equipment owned and operated by the well owner and t P well is constructed on his/her own property for his/her own use ("private driller"/"private pump installer"). Work reports roust be submitted to the Division of Water Resources in accordance with Rule 17 of the Water Well Construction Rules. CQ() S C ti u,tk\ • ••_ • 92W 1 34 ••' 3! 33 ib• • 2J 5 4 3 •♦ • 5• • ••• %• • • • •• :• , • • • • • • :9 0 reek JiilPpri• .0110 4041• 18 13 18 \ 17 30 31 7 18 19 211 32 r6S 93W 21 a 28 t7 33 4 22 • 23 24 6S 92W 1ti `tib 27 WallaceVell 25 30 somewhere in Section 35 .r 34 3 •35 j 36 3 6 12' 7 32 B 7S 92W 13 ,18 24 19 20 • •4", • • • • • • • 1ss11o$1i1u11eeIe11IS1sui1r1111 11O(It111 1 of 4 R 2e,N D cos 114111FleLD CotlRTY CO U ., THIS AUREEMENT is entered into on this -S day of among the following parties: RECEIVED LLrvED SEP 0 6 200 29 '00'0 2000, by aWA n tatE ENGINEERs GOlO BARTON PORTER AND LINDA CRAIG, the owner of Craig Subdivision, which subdivision includes the following real property: Lots 1-3, Craig Subdivision County of Garfield State of Colorado WHEREAS, this Agreement shall be assigned to and for the benefit of Lots 1, 2 and 3 of the Craig Subdivision; and WHEREAS, Barton Porter and Linda Craig are the owners well permit i/ 221948, and use of ground water from well shall be limited to ordinary household purposes inside 3 single family dwellings, the irrigation of I acre of lawn and garden for each parcel, and the watering of livestock; and WHEREAS, Craig Subdivision well is capable of being shared by lots 1, 2, and 3 in the Craig Subdivision; and WHEREAS, the water wells and system requires continuing maintenance and operation, the costs of which must be borne by the users and owners thereof and WHEREAS, the well permit contemplates perpetual, though not constant, use and operation of the well, pump, and the appurtenant structures; and WHEREAS, the owners of Lots 1, 2, and 3 desires to enter into this agreement to be assignable to and binding on the respective owners for the purpose of clarifying respective rights and duties and establishing easements and procedures for jointly operating and sharing the water well and delivering water to lots 1,2, and 3 in the Craig Subdivision, and for providing a method for equitably dividing the water derived from the operation of the system, and for equitably allocating the shared payment of costs of operation and maintenance of the water well and pump and other structures by the subdivision. NOW THEREFORE, in consideration of the mutual obligations, promises and covenants set forth herein, and the due performance thereof, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, including but not limited to the acceptance of the benefits and detriments deriving herefrom, the above-named parties as follows: WAIFR REsOurt E STATE ENGINEER GLENw000 151,14 10111,11111 1111 11ItI8II1111I07 1111 II 11 ai 4 R 211.88 tl 8. N GARf!ELD CQtktT7 co RECEIVED SEP 4 6 �VEO 1. The parties' ownership of the water system, well permit, well. pumps, yen TER ;Rhd 2 9 'CO power source for the pump, 5ttings at the well head. meters (whether crdsting now or to stn tE Er.Grr4Es be installed at a latex time), foot valves, and any pipes or pipelines and any other structures that are Jointly used, shall be o rtionati yawed n the 3 lots in the ora t tis ttfsau fi ? Y tx pv y upo sreTE ErvG1NE@rF subdivision. Each lot owner shall be entitled to one-third of the withdrawal of water GtEha+000 from the Potter/ Craig Well and all the above appurtenant common facilities. 2. No party is deemed to have any ownership rust in and to any pipe, pipeline or other structure used solely by any other party which may utilize any portion of the water flowing from this water well and its structures. This agreement does net intend to relate to such individualty owned or used rights or structures. Nothing in this agroenteat shall be contrued to give am party any rights so such eau -shared property of other parties nor to obligate any party to pay any costs associated with non -shined structure,_ 3. Tha parties shalt cooperate with each other at all times in all matters i eetssaty to promote the props functioning and use of the water system in such manner as to provide to the parts optimum water supply at all times possible based upon the natural availability of tvatct_ At this time at is agreed that individual water meters must be instatled, and a 1000 gat storage tank for each lot. individual lot owners will be responsible for insulting and maintaining there own meter and storage facility, Waste or over -use shalt be deemed to be a material bleach of this agreement for which the non -defaulting parties may seek remedy at law or equity for damages or for injunctive relief, or both. 4. The actual and continuing costs of operation, maintenance, construction, extension, upgrading, cleaning, repairing, and all other work required on shared components of this water system to cause the water at the well to remain available to deliver water to the parties shall be shared equally by the parties in respect to their proportional ownership. Nothing in this agreement shall require reimbursement by any party to any other party for any costs incurred prior to the date hereof a, if at any time it becomes necessary to snake improvements, additions ar changes to the water system to comply with the regulations of any State of Colorado Agency, such as installing a chlorinating filtration system, the costs of such improvement, addition, or change shall be shared equality by the parties in respect to their proportional 1/3 ownership. 5. Any party who haat been using water from this system and at any tune elects not to share in costs, necessary repairs, maintenance, replacement and to maintain the water watt and deliver the subject wales, shall not receive water fur the well. At such time as said electing party chooses to tesumc use of water from the system said party may only do so upon reimbursement to the other users the full cost of said party's store of such expeeditures with legal interest renoactive to the expenditures date, 9 1111,1111111 1110 IIS 1U1 � Lel III ILO PH' nageN/tti/2eee Oar 1Lii PIAS tt ItLiCtORF 3 of 4 R 211.0e t1 e, ea Galena/It CtitkiTY CO 6, All meters affecting the well shall be made upon agreement of a collective majority 213 Of Lots 1, 2, and 3 The masters upon which u majority vote is required shall extend to, but not necessarily bc limited to, tho right and obligation to make decisions about the type of work required to be done on the well, the timing of such worm the acquisition or construction of eddittonat structures,, or devices, the performance or hiring of such work to be dont and incurring the coat thereof, times and dates of operation of the ptanp, and tO collect from the parties their respective shares of such sesta. Payment by the parties shall be due within ten (10) days atter receiving written notice thereof from the respective lot owners. 7. Arty expenses for the well shall not bc incurred without first }riving ten(10) days written nonce in advance of such expenditure to all parties who will be obligated to share in such cost Unavoidable and reasonable expenses incurred by any party its an actual emergency, shall be reimbursed by all users. faits bound e. Ile patty objects to any non -emergency exptenditwe, said party must deliver a written objection and the reasons therefor to the remaining lot owners before the expiration of ten(10) days afar having received the notice. If any party to so object, then said party waives hisfter right to object and is thereafter to timely pay hisilier share of the expenditures b. Upon receipt of an objection, the remaining 2 lot owners may agree to waive such expenditures yr agrees to approve the axpenditrae` all parties, including the objector. shall be boutxi to timely pay his share of the expenditures, excepting any instance in which the objector has obtained a judicial decree preventing the party from proceeding_ Without such majority approval, the expenditure shalt rot bind any party not agreeing to the experiditwe. Any party net paying his share of this expel:abbot stall not obtain water until leaking such payment Any non.peying party may at any time seek judicial intervention to prevent an expenditure not approved by the majority. 8, Failure of any party to pay his share of costs as billed at any time shall be actionable in the counts in Garfield County as a breach of these Agreement which actitm may be brought by any ruin-defeultmg patty. Any judgment obtained against such parry may be collected under then applicable Colorado laws for collection of judgments. The court in its discretion may award against said defaulting party as part of the judgment an amount equal to judgment and collecting payment thereon, 9. Each party shall be deemed to grunt by this Agreement such permanent, 3 7.CEIVED RECEIVED SEP 0 6 2000 WAtt;ia RtSOtJt1C)d$ STAT!± FNoth£E WAT ER 11£ SOAK -ES tit ENwax) 61Att fiaGOIEEH Cato k3 29'00 111Il11111111111 1111111M111III1 Jl1 taisom RECEIVED • a+ 4 +t W M a a. et► aa�trr©.a twirl co Al 2 9 nom -exclusive easements across his property as necessary and sufficient for this SEP 0 6 2060 Asimment to be performed for site benefit of ell tate parties as users of the shared pump and other irrigation structures. Nothing herein shall be constructed to be a Fant of WA if H P Ou-.GF s. easement except as may already historically exist. STA TE f NGENEER t,SStO RECEIVED l O Nothing in this Agreement shall by itself be construed as a transfer of any water tight or appropriation of waters as heretofore acquired or owned by any party. Each patty agrees to not interfere at any time with the proper use by any other party of it interest in any water structure and shall indemnify and save harmless all other parties and users froth any toss or damage or injury cased by the acts of said indemnifying party. 1I The term hereof she be perpetual. 12. The laws of the State of Colorado shall govern the validity, effect and unstruction *Edits agreernent, l3. This Agreement contains the entire agreement among the parties and may trot be modified in any manner exoept by an instnunent in writing signed by all the parties. Iltl WITNESS WHEREOF, the owners Porter/Craig have signed this agreement and conveyance on the fallowing dates following their respective signatures, 'f1a, Barton Porter STATE OP COLORADO COUNTY OF GARFIELD ) )ss rte Craig Date The foregoing instrument was acknowledged before me on this fday of (i (, ` 2000, by Barton Porth and Linda Craig. '— Witness may hand and official seal. My commission expires MARGARET R. JOY NOTARY Ptl$tiC STATE OF COLORADO **Premien doin 1VIIVEXV 4 Nguir P WR i r H kf SQUHCf $ STATE ENTONFE OLE NWOO€ Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial BIda., 1313 Sherman St, Denner. Celerano 80203 f303i 888-3561 LINDA CRAIG P.O. BOX 1256 RIFLE, CO 81650 RECEIVED SEP 06 2000 WELL PERMIT NUMBER 2219 DN. 5 CNTY. 23 WO 45 f?ES. BASIN MD Onto 934 Let: Block: Flung: $uU1v: (9701625-8744 PERMIT TO USE AN EXISTING WELL ISSUANCE OF THIS PERMIT GOES NOT CONFER A WATER RtGNT CONDITIONS OF APPROVAL 1) This wei) shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shell be in compliance with the Water We1i Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)tl1)(A) as the only weft on a tract of land of 40 acres described as the NW %., SW `/•, Sea. 35, Twp. 6 South, Rng. 93 West. 6th P.M., Garfield County. 4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside up to 3 single family dwellings, the irrigation of not more than one acre of home gardens and lawns, and the watering Of domestic animals. 5) The maximum pumping rate shell not exceed 15 GPM. 6) The return flow from the use of the well must bt through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the' well is located. 7) This welt shall be located not more than 200 feet from the location specified an this permit. 8) Approved for the installation of a pump in, and the use of, an existing well, constructed on 10/22/95, to a depth of 120 feet, under monitoring hole notice MH -271138, acknowledged 12116/95. NOTE: MH -27168 was approved for the NE Y., SW '.4 NOT NW '4, SW N. Parcel Identification Number (PIN): 23-2177.352.00-168 (totaling 160 acres) Assessor Tax Schedule Number: 024124 '- a1� zr/ ev AEEROVE0 WELL L01.110 GARFIELD COUNTY NW 1/4 SW 114 Section 35 Twp 6 5 Rng 93 W 6th P.M. DISTANCES FROM SECTION LINES 1500 Ft. from SOUTH Section Line 525 Ft. from WEST Section Line APPROVED OMW Receipt No. EAI'( �} Br DATE ISSUED JAN 1 2 2000 EXPIRATION DATE JAN 12 2002 Sum oouttd+r7 Plat Bomrdat7 end &foment DeacripUonz RECE!VEL sEw 44-2000, WAlik SIVE EPI 4FEE S cot° RECEIVED ,L 12'00 111 Parc-els e,ad Car'earents situate in Section .15, PSS R93, BfA P.L 004FEk c+f SOW CLS 1.`trrr&' Ire 1.utgeallel Wass' otberrise noted STAT: ^'NGWg€R Hastert right = rzy.6t around entre, lug = left &round cum G = cum. 1ragL& R -radius. `-+wr_Or; chard GT = ebord hem* N = Nora. t = Sast, S = $out6, ► = Vert. Bdary deoweripLimr. pascal i.' Begfnairyr at the .57 corner of Patrol 1 ewe ate SI corner of section 33 beaiv 377' 1921 7 4172,77"; limn the lallaette cantons` X00'20.5,17114939` .'107`50.503' 131977' .500'26'207' 1191.10; .59040:301r 1321.03''td the point of bsgiamigg Parrs! Lk Bedinhio, et the NT corritcr of Pare*/ B Etter the Sar carat,- o1 metaaa 36 bears $77' 1521 (97217;' then the !cunning coarser S90'00'02' 1321.03; $010.2ri''d0i' 1171.60,; N90'003'007 luzt9;. Ar00'a7s1 r II7W' to the point of beeinlog Perme a keirobv at the .1 corner of Pan* C :there at Si corner al sactroas5 beam 516' 4,0e1 215565:' &herr the &do f inn courses. x22'3'7 762.62: N85".54"5.91' X9 7?; .h<Uo'20 54 Y 3:545V; 390`00tao ' 13.1affl" S130`2a}'2v7 917fi7 ; 359',5v1597 2:31642' to the paint at hefinaing. Patrol D' Sayok p at the XI darner al Parcel D dere the 571 torte of xenon 35 beers 5715' 43'187 215.165; then the followinf contras,. 11139'3059T 20116.62; 50,0'2'eV 2 7s3.&9: S99'31 227 2390.10; N46`4056 10717C rtehl t-54' ' R=10.5.00;• tell L=12351' R=18539; liNr5659T 24.99; lett L-133.10' R•=150.00',-Nll"5s:?B k is1 s.5: ryrb1 toe-ta rot L=9459' R=4337 C -27..1Z' C8=209' 3t10177 Na`57272' AS.17' to etre point of beginning. Members on the Nvell sharing agreement that have a third interest: 1. Mr. and Mrs. Ron Hays 2. Mr. Nick Yerian 3. Mr. and Mrs. Gary Wallace >w . Form No. GWS -t 4/99 STATE OF COLORADO OFFICE OF THE STATE ENGINEER 818 Centennial Bldg., 1013 Sherman St, Denver, CO 80203 (303) 866-3581 Fax (303) 866-3583 CHANGE 1N OWNERSHIP/ADDRESS CORRECTION OF THE WELL LOCATION Insert the Well Permit Number 2a�na Name, address andphone of the person clalmino.awtlershie of the well: NAME(S) GARY AND PATRICIA WALLACE Mailing Address 200 W. 20th STREET, UNIT 332 City, St. Zip RTP'LE, C0 81650 Phone ( ) This form is filed by the named individual/entity claiming that they are the owner of the well permitted as referenced above. This filing is made pursuant to C.R.S. 37-90.143. For Office Use Only RECEIVEU MAR 2 6 2004 MAtt1 1.kSP.HGE6 STATE FNGiNEd:R 7: o 2iJ017 teo If your well has an absolute water right, decreed by the court and the well is not registered with the State Engineer. Enter the Water Court Case Number / Civil Action Number and well number as decreed. WELL LGCATi®N: County GA:alET.r3 Owner's Well Designation Mn (Address) (City) (State) (Zip) NW 1/4 of the sw 1/4. Sec. 35 Twp. 65 ❑ N. or El S.. Range 9 3 _ ❑ E. or ©W., 5 P.M. Distance from Section Lines 1500 Ft. From ❑ N. or ❑ S., 5 2 5 Ft. From ❑ E. or Subdivision Nary „ Lot Bock W. Line. , Filing/Unit The above listed owner(s) say(s) that he, she (they) own the well described herein. The existing record is being amended for the following reasons: 0 Change in name of owner ❑ Change in mailing address ❑ Correction of location for exempt wells permitted prior to May 8, 1972 and non-exempt wells permitted after May 17, i 965. Please see the reverse side for further information regarding correction of the well location. I (we) claim and say that 3 (we) (are) the owner(s) of the well described above and that the commencement of extraction of ground water from this well, lawfully made under the well permit, occurred on the date indicated, and that the statements made herein are true to my (our) knowledge. Please print the Signer's Name & Title GARY A. WALLACE PATRICIA A. WALLACE Signature(S) of the new owner. -� (--Arc Iit\ k v Date It is the responsibility of the new owner of this well to complete and sign the form. Signatures of agents are acceptable if an original letter of agency signed by the owner is attached to the form upon its receipt State Engineer Fat Office 'Use Only OWitiERSHsP AND/ORMAILING ADDRESS. 3-lg0y Date Xcel Energy May 16, 2006 GARY WALLACE PO BOX 201 RIFLE CO 81650-0201 Customer Number: 3998122 Service Address: 1065 GAGE Rn APT WELL RiFi E 00 Dear Mr. Wallace: Enclosed is the information you requested. 1214V'ics[ H.:nii11on Avenue PO. Box 8 Eau Clain„ WI 54-702 0008 If you have any further questions, or need additional information, please feel free to contact our Customer Contact Center at 1-800-895-4999. Sincerely, Xcel Energy Customer Contact Center AMENDMENT OF PIPELINE RIGHT-OF-WAY GRANT This Amendment of Pipeline Right -of -Way Grant dated November 3rd, 2004 (this "Amendment") is entered into between Gary Wallace and Patricia Wallace (together, "Wallace") and EnCana Gathering Services (USA) Inc. ("EnCana"). Whereas, Michael Hinkley and Stephanie M. Hinkley (together, "Hinkley") granted EnCana a right-of-way for a pipeline pursuant to the Pipeline Right -of -Way Grant dated November 12, 2003, recorded as Reception No. 565709 in the records of Garfield County, Colorado (the "Pipeline ROW"). Whereas, Wallace is the successor in interest to Hinkley, and Wallace and EnCana desire to amend the Pipeline ROW. Now therefore, for and in consideration of the sum of $10.00 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Paragraph numbered 3 of the Pipeline ROW is deleted and replaced in its entirety with the following paragraph: • Grantee agrees that any pipeline installed shall be at a minimum depth of 48 inches below the surface of the ground. The right-of-way granted shall be fifteen (15.0) feet on either side of the centerline of the pipeline as actually laid as shown on Exhibit A attached hereto and incorporated herein, except that during the initial installation of a pipeline, the right-of-way shall be twenty-five (25,0) feet on either side of the centerline of the pipeline. The additional right-of-way shall in no case endure for a period in excess of one hundred eighty days from the date hereof or the completion of installation, whichever period is shorter. , 2. Exhibit A to the Pipeline ROW is deleted and replaced in its entirety with Exhibit A attached to this Amendment. WITNESS the signature(s) of the parties hereto on this day of November, 2004. Gary Wallace Patricia Wallace EnCana Gathering Services (USA) Inc. By: ACKNOWLEDGMENTS State of Colorado ) )§ County of Garfield ) On this day of November, 2004, before me personally appeared Gary Wallace and Patricia Wallace, known to me to be the persons who executed the foregoing instrument, and who acknowledged to me that they executed the same, (SEAL) Notary Public: My commission expires: STATE OF COLORADO ) ) §. CITY AND COUNTY OF DENVER ) On this day of November, 2004, before me personally appeared of EnCana Gathering Services (USA) Inc., known to me to be the person who executed the foregoing instrument and who acknowledged to me that he executed the same. (SEAL) Notary Public: My Commission Expires: • EX! 1111IT-11' Attached to and made a part of that retrain Amendment Of Pipeline Rizht-Of-Way Grant dated the 3'1 day of Novemty r. 2004. by and between Gary tValiace and Patricia Wallace (-Wallace") and LnCana Gatherina Services .ISk) Inc. ("EnCana"). • t ^)- •• 4. ;.• t• • - tt ; ni ; .. ‘',.. .. ei., • , ; , It 1, ( •:, ii,. •-i ' ,.,, ,.,,,,„1„:„..i. vi, (,' i I 1 ; L• i 1-....: if (‘! ' , i • I, .. , •:' '.- s .'. ,•: 5 i • V. 1. ".... L* '.,t- ; :... d • . .J ...,-.1:!'-'61.••:.j:, : 4 '• '4! ;",;• t A • '1' s f 4 4144 r •t 4341a44,ra,.. • 74E400r A a ;MECCA . A"••E•r" fM;kMZ V +YE'A xaw: u aa..,' Et.+. a4Ai CuE4 i'ACer B4-rJ xc••A B •PV • :. SRACA • ++•Eras �!'7Q'L 1 r•.t -c '.'.A 41nWK CA 4.14. •h .� 9th"• tt Eui w, A f. "•jr•••.;"._• 1Y41i'. ••-"s•APC. • co.,-, S•c �u.q •,r .•+.E • Michael Sugar Linda Sugar 143 Gage Rd. Rifle, CO 81650 - RF.: Pat Dear Mr. and Mr Pat Walla spouse. Gary. I that your propert Mrs. Wal easement that h Wallace states to they use the road with their rightf understand that demand that you Mrs. Wal statements about statements. Pat and order to expedit communications 81650-0201. Yo DHT, fo Cc: Wallace Inta RIGGS, ABNEY, NEAL, TURPEN, ORBISON & LEWIS A PROFESSIONAL CORPORATION ATTORNE'eS AND COUNSELORS AT LAv. 7979 EAST TUFTS AVENUE PARKWAY S. ''E 1300 DENVER, COLORADO 80237 [English Telephone; (800) 820-3369 In Denver (303) 295-2942 FAX (303) 298-7398 1 . hruar 103 nd Gary Wallace . Sugar: 1Tefefonos en EspaM1oi) (888) 820-5978 En Denver (303) 295-6487 FAX (303) 298-7398 1, 2(1 8 e has contacted this Finn regarding matters that have deeply troubled her and her nderstand that Pat and Gary Wallace own Parcel 3 in the Craig Subdivision. and is near the property of Pat and Gary Wallace. ace states to me that you have constructed a gate that cuts across a roadway d been conveyed to the property owners within the Craig Subdivision. Mrs. me that you have demanded that she and her husband open and close this gate as ti ay easement. In the view of Pat and Gary Wallace. your conduct is interfering 1 use of the easement. Interference with an easement is a form of trespass. 1 ary Wallace was injured as he was closing this gate. Pat and Gary Wallace mmediately cease interfering with their use of the easement. ace states to me that you have been conuuunicating to third parties defamatory her and her spouse. Mrs. Wallace demands that you cease making these ary Wallace ask that you only communicate with them through your attorney. In a resolution to this matter. this Firm asks that your attomey sends all further regarding this matter directly to Pat Wallace at P.O. Box 201. Rifle, Colorado r attorney has my permission to communicate directly with Pat and Gary Wallace. e 4794I I� David H. Thomas For the Firm TULSA • OKLAHOMA CITY • MUSKOGEE • DENVER 0 1 ;C7 0 S m rar 'gegen no= ilumarkin ormEMsza- miffmgerz iwr�w��+'sig" 114=4oralmr r:, -!j` gmaapsa wr jjm-rc .-rtes R ...mar _-rte llim Elwiliamawdm tAVEggee - ems Mmaammlram -#`--- _- : - ievii 15401442 a�' e• -*i i>R • MtaiiMmge Saib i s h w u— M u , — t T.. ._..�._..__.__o.._. ._._r._r .,__ = °i r 1 .a 0--" ' 43-8' -PO RCl1� " __. - 93 9+4 1 . 1� 9C ( 108 jit. *.;41.12. ,.Iv 3 ++iniuM000R -- 1060'2 11 41 y PJ t i* ..... MI If 0 it 6 4t -. t QCa L ss vs tz f 11 , ' S m 2-4 ,0111 A y 1 iyy I. Al if45 1 s BEDROM #3 s 6 6 �t ws ir: '� s3N 4r�;'1. ua.�' wR 4 tt • jWtp{ T 1 ti R� m (4 -4 i • ,$,F1 r nttf `?•t0 1; Gary and Pat Wallace PO Box 201, 1065 Gage Rd. Rifle, Co. 81650 970-379-0526 970-625-0522 09/16/08 RE: Vegetation Management Dept. request Attn: Dustin Dunbar, AICP Hi Dusty, As per your request we have contacted Steve Anthony with the Vegetation Management Department. He has done an inventory of the property and has identified one noxious weed, Canada thistle, in the area of the yard light. His recommendation is to wait until the first hard freeze and then spray the thistle with 'Round -up'. We will follow through with this action and continue to do so until this weed is eradicated. Again we thank you, Dusty, for your help in our endeavor. You have made this a pleasurable and painless process — we commend you for your efforts!! Thank You! ! ! With sincere gratitude, Neighboring property owners; (1) BLM (2) Nick Yerian 1055(?) Gage Rd. Rifle, Co. 81650 (3-)- Milo and Linda Sugar 0143 Gage Rd. Rifle, Co. 81650 Mineral right owners; (1) Martha E. Porter 2571 Co. Rd. 314 New Castle, Co. (2) Mike and Linda Sugar 0143 Gage Rd. Rifle, Co. 81650 (1) The utilities to provide water will be from an existing shared well — Water Resources State Engineer Colo. permit number 228027, rec. number 9500173. An individual sewage disposal system will be designed according to standards and Regulations required. (2) Street improvements will be constructed in conjunction with requirements of the Road and Bridge department of Garfield Co. (3) The }proposed .API J will comply to all Colony bi,4ildirigeode reqs, imponts with the gross floor area for residential use occupancy of 1,200 feet. Xcel Energy ..r r .114 r :o11(,r wall ;•,1)ea}•1 I;i) May 27_ 2(}(}'I 2(30 i r 20T11 ST 1.32 RIFLE, (X) .1650 Re Service Chir Confirmation App Referenc(e# : 11/10757 `evicety1x.; ELECTRIC p:ti1)TiltCiROI :til.) :tie rvvicx' Address: 10(15 GAGE E RI) RIP I?, CO Si 1651) Legal Description: Lot: Block: Gas Installa*xxi Prior to Xcel Energy service installation, please make sure the ti)1k wing are completed on your site! • For builders, the site must be within r" -h" of final wadi.: in installation arra. • The pxith must he ck is of all obstacles from the meter location to the (iistril)utiem sti>ur<.t . • All private utilities must he elc,trly marked or identified including sprinkler .systems, `i)ti�• tanks, sewer lines, drain fields, invisible fomes, elcvtric lines, pipelines and coater was. Xcel Energy is not responsible for darnage to these items if tl ey an. not clearly marked. Prior to energizing the system • Customer piping rtlust be insp ectcd before gas is turned on in cx:rtain service territories, Ekcyle hvgallation Prior to Xcel Energy scrvier installation, pi isti make sura the foaming are completed on your site: • For builders, the site must tx within `1" -6" o,)i find i.vtde in installation area • All private utilities must be cleariy marked or kielitificd, Xcel Energy is not r ,p c)nsible foo damage to these items if they tor: not dearly marked. Prior to energizing the system: : • Be sure:' all electrical .approvals are completed and filed with X.cei Energy. If there are any cl>anp.�:.s or additions to this information, pleas:. call Xcel Energy's Builders (;a11 Line ,at 1-800-6213-2121 or email to us at builders.aal.l.line xcclenergy.coin. Our representatives are available from 7 a.m. to 5:30 p.m., Monday through Friday. TI t.uik you fin' requesting service from Vet Energy. We appreciate your business. Sincerely, iiuikk.r's Call Line Xcel Energy 1065 GAGE ROAD GARFIELD COUNTY, COLORADO MO - - MN MEI - water holding tank primary residenc nr£ proposed residence'� APPROX..IMATE LOCATION - L__ 3-?_'1RO'� !� REEIDFNC_ - En= 202' SCALE 1"=100' N 1 leach ti&ld w septic hold l r tank electrical vault #0365 0 wall water holding tank �-- OF' ease, I meat i r ce well and pump I I Shared weN shed,• 1/3 interest pump erred" -, E L.X'CATIDN J= Ex15 INC: 4,NC PROPOSE; !'1IPRO/EM'ENTS SN:`AIS HEREI" ANC -E 'd ELL AN ' EL_ _5.CATIONS ` _TA,K_F'' AT _ 5 TE APE .., IMPR: E ENT _OCAr' NSARE APROY'MAT IS H= E i A'NEq 5 RESPONE'SI_i't DE -.NE ENS'.;RE CNS,TE E ;',.,=R:0/EMIENTS .ARE -H= 7E AND C C3= !N4aa-.ro'A = EGS= =°. L D77 -'ARA -1C" A .E ?E . _ . EC ,'RtTR X:L.E'AT11N. SITE PLAN JOB NO. 16464 FIGURE 1 The shared well history This is a list of the improvements that Gary and i have personally made on the shared well. 1. Well casing was put into place when we hooked up our water line. 2. Installed electric meter to code 3. Pressure tank and hardware installed 4. Legal water lines (within the utility easements), hardware and water meters Installed 5. 1 1000 gallon water holding tank had been installed 6. 1 under ground pump house with second pressure tank installed As first time property owners we have encountered many unforeseen obstacles. Our cost to abide by the water sharing agreement, our attempt to improve the water system for all three residences and to bring this subdivision up to county codes has been a challenge we hope worthy of our continued effort to maintain the property' value. We have personally invested over $15,000 above our initial investment and hundreds of hours laboring on a water system that should have already been all done and said before we bought this property. It is now remedied and we hope to move on. With our continued efforts, we hope to maintain the value of our investments and improve our future prospects here in Garfield County. We thank you for your time!! Sincerely, Pat Wallace Gary Wallace • 16141111111 II111I 111 IIIIfI 1114111l1 IIS Ill., ,tll 1111 Ss4sai ecietne grimes ensu P118 n ni$DORF 1 of E R 30.ee D 0,00 tiatiFte COUNTY Co }�R DECLAA4T1ON {1F PASEt4 LIS i^Q'4' ]ANTS.. .� • �t u t.h la : t - ; : r ► U Garfield County, Colorado The undersigned, Batton F. Porer and Linda S. Craig (hereinafter "Declarants"), being the sole owners of certain real. pruii.rty located in Garfield County, Colorado, having caused the same to be divided into three (4) parcels, as described in Garfield County Resolution No. (herei.nafter the "Subdivision") recorded the day of , 2006, in Book at Pam as Reception No- ,in the records of the Clerk and Recorder of Garfield County, Colorado, (the "Plat"), and described as follows! A parcel of land situated in El/".NW I/4 and the N1.2SW 114 of Section 35, Township 6 South, Range 93W, Sixth Principal Meridian, County of Garfield, State of Colorado: Said Parcel being more pa'ticularly described as follows: Lot 1,2.3, and 4 Craig Exemption Subdivision according to Plat fled as Rec. No, COUNTY OF GARFIEL'D STATE OF COLORADO Declarants desire to create a Planned Community Common Interest Community, to be known as Craig Subdivision, in which certain common property will be owned by the Craig Subdivision Homeowners Association, a Colorado nonprofit corporation, its successors and assigns (ttae "Association"). Declarant makes the following declarations: ARTICLE 1 COVENANTS AND RESTRICTIONS Imposition of revenantsL Declarants hereby makes, declares, and establishes the following covenants, conditions, restrictions, and easements ("Covenants) which shall affect all of the property. From this day foro.ard, the Property shall be held, sold and conveyed subject to these Covenants. These Covenants shell run with the land and shall be binding upon all persons or entities having any right, title or interest in all or any part of the property, including Declarants, an their heirs, successors, assigns, tenants, guests and invitees. These covenants shall inure to and are imposed f or this ere .fall Lot Owners of pets of land located within. the Property. specific right and privileges which may be shared and enjoyed by all owners and occupants of any part of the property. Declarants hereby submits the Craig Subdivision to the provisions of the Colorado Common Interest Ownership Act, Sections 38-33.3-101,et sag, Colored& Revised Statut=s, as it may be amended from time to time (the "Act"), In the event the Act is repealed, the Mt, on tate effective date of this Declaration, shell remain applicable. 5,�rrr' air /,"' s r •� •J0 S.1 .i llli 'a: `l i' itl; 2 t . C' 2 i ? + 1 J im: 1 Alli IIIA INlif 1111 IIIIII 11� 1 IIJJI III I[1(I illi Illi 1354 51 eaiarvza0e raa: 7R as t its n taLSDOliF 2 of a A 30.138 O 6,09 GARFIELD COUNTY cb 1.2 1»cIerant's Went, Declarants desire to ensure the artrvicnvene°s of individual Lots and improvements to be made within the Property, to prevent any future irupanmGtt of the Property, and to preserve, protect, and enhance the values and enmities of the Property_ ARTICLE 11 ROAD EASEMENT CONVEYANCE AND MAINTENANCE 2,1 Read Access; The primary roadway easement tied rights of way depicted on the Plat for access to Craig Subdivision shall be conveyed to the owners of the Craig ktomeowners Association. The parcel owners shall be responsible for the mantcnance of said road. Such maintenance will include periodic maintenance of the surface and regular snow, ice, and trash removal_ The parcel owners will riot be responsible for maintenance of private drives located on any owners parcel. Costs of the maintenance of the roadway shaft be born equally by the Parcel Owners regardless of length of mad serving a particular parcel. Cost of such road maintenance shall be determined by parcel owners, once the present petroleum company no longer holds an active gas lease. 2.2 Rrrnrded EaSamentk The property, and all portions thereof, shall be subject to eli easements shown on the recorded Plat affecting the Property, or any portion Te`edf, an to any other easements of mond or of use as of the date of recordation of the Declaration. /3 Mita}, Eaxments. Declarants hereby get to the Parcel Owners a general non-exclusive easement upon, across, over, in, and under the utility easements as depicted on the Plat for ingress and egess and for installation, replacement. repair. and maintenance of all utilities, including but not limited to domestic water, sewer, gas, telephone and electrical systems. By virtue of this Easement, it shalt be expressly permissible and proper for the companies providing elecuicel, telephone and other communication services to install and maintain necessary electrical, communications, and telephone wires, circuits, and conduits in the easement. No water, sewer, gas, telephone, electrical, or Communications lines, systems, or facilities may be installed or relocated on the surface of the Property, except for necessary surface facilities. Stich utilities temporarily may be installed above ground during construction, if approved by the Pard O'w'ners. Any utility company using this general easement shall use its best efforts to install and maintain the utilities provided for without disturbing the uses of the Parcel Owners ; shall expedite its installation and maintenance activities as promptly and expeditiously erg reasonably possible.. and shall restore the surface to it original condition as soon as possible ager completion of its work. 2 .,T!7c.7 cnn7 • {n • 11111111111111111111111111111111Et111D ,111111111 S64561 FJR!BS/ esti7A attar htt7 t iti..AORF 3 s1 6 R 3t.ee b Loa tipRR=gLn LOUMY CD This general casement shall in rto way affect, avoid, extinguish, or modify any other recorded Easement on the Property. AU service connections to (including transformers) primary utility lines serving each Parcel shall be the sole responsibility of the Parcel Owner. 2.4 A metal easement is hereby granted to all law enforcement, fire protection, ambulance, and all other similar emergency agencies or persons to enter upon the Property to the proper performance of their dutics, ARTICLE LII TEE ASSOCIATION 3.1 Membership. Every person, by virtue of being a Lot owsrcr and while such person is a Lot Owner, shall be a member of the Association Membership shall be appurtenant to and may not be separated from Ownership of any Lot. No Lot Ownor, whether one or more persons, &hall have more than one rnembership per Lot owned, but all of file persons owning each Lot shall be entitled to rights of membership and use and enjoyment appurtenant to such ownership, 3.2 Authority. The mentenancc of the road shall be managed by the Craig Homeowners Asseciation, a Colorado nonprofit corporation. 3,3 breams. The Association shalt have all of the powers and authority permitted tinder the Act necessary and proper to manage the affairs of Gage Road. ARTICLE IV COVENANTS ICOR COMMON EXPENSE ASSESSMENTS, RESTRICTIONS AND MAINTENANCE 11,1 4.1 LIP w off. ,,.Mento. Declarants, for each Lot, hereby covenants, and each Lot Owner of try Lot, by acceptance of a deed therefor. whcthct or not is shall be so expratrkai in any such deed, are deemed to covenant and agree to pay to the Association Common Expense Assessments. Such assessments, including fees, charges, late charges, attorney fees, tines and interest charged by the Association shall be the personal obligation of the Lot Owner al the torte when the assmsroent sums out the Association became n aor fell due. The personal obligation to pay any past due not pass to a successor In title unless expressly assumed by them. The Common Expense Assessments of the Association shall be a :.ontimuing lien upon the Lot against which each such assessment is made- A lien under this Section is prior to all other liens and encumbrunces on a Lot except (a) a first lien Security Interest on the Lot recorded before the rMordation of the Declaration; 3 .t „, rr- rrraal .,:7rr41.."\ -.1•37C— C^ r�,�. S liEti Ilf ff 11}10,111! flIII fill llIllil Ht Itllf EF (1If 5*4051 8B/08d20M 00:17A 81191 Att3 R f.LSDORF 4 at ti R 3x.918 D a,eiGARFIELD cowry Co (b) a first lien Security interest on the Lot recorded before the date on which the Common Expense Assessment sought to have been inforced became delinquent: and (c) liens for real estate taxes and other governmental assessments or charges against the Lot. This Section does not prohibit an action to recover sums for which this Section creates a Hen or prohibit the Association from taking a deed in lieu of foreclosure. S'1 er transfer of any Loi shall not affect the Association's lien except that sale or transfer of any Lot pursuant to foreclosure of any first lien Security :ntotest, or any proceeding in lieu thereof, including deed fn lieu of foreclosure, cr cancellation or forfeit= shall only extinguish the Association's lien as provided in the Act. Na such sale, transfer, foreclosure, nor cancellation or forfeiture shall relieve any Lot Owner from continuing liability for any Common Road Expense Assessments thereafter becoming due, nor from the lien thereof. 4.2 m gytinnmrnr CQa nun _Elisa es- Common Expenses shalt be allocated and assessed against Lots based on a equal share for each lot. 4.3 EuriamniALittiorada. Assessments levied by the A ssociction shall be used exclusively to promote the health, safety and welfare of the residents of Craig Subdivision and for the improvement and maintenance of Cage Road, but not limited to the cost of labor, equipment, materials, and other customary charges. 4,4 Commencement of Cosanintaapentelinati akaussments. Comma Expense Road Assessment shall be payable on a monthly basis by each Lot owner. Cost to be determined upon the: termination of the Petroleum Company's lyse. who at present time maintains the road. 4.5 Effect ofNon-PayraentufAasesanarala. Any assessment, charge or fee provided for in this Declaration, or any monthly fee thereof, which is not fully paid within ten(10) days after the due date thereof shall bear interest at the rate as determined by the Board. A late charge of up to five (5%) of each pest due payment may also be assessed thereon. Further, the Association may bring an action at law or in equity, or both, against any Lot (honer personally obligated to pay soon overdue assessments, • charges, or fees, or monthly or other installments thereof, and may also proceed to foreclose its lien against such Lot Owner's Lot An action at law or in equity by the /association against a Lot Owner to recover a money judgement for unpaid assessments, charges or fees, or monthly or other installments thereof, may be commenced and pursued by the Association_ without foreclosing, or in any way waiving, the Association's lien. 4 'T ('rine 'nir T1 11Tiw7.1";11',7e!'• Cv'C. °7 CCif% 11111II 1111) JIIIJ1 I14111H111111111111111� atl111J(J J11I 964531 BR/t�/24e0 04:17A 81191 P114 P t>K SDetiF 3 of 6 R 161.6E 0 e. ei GARFIELD COUNTY e0 d.6 nhatrttettone_ There shalt be no obstruction or imerference With the free use of Gage Road, Or any easement, except as may be reasonably required for repairs. The Association shall promptly take such action as may be necessary to abate or enjoin any interference with or obstruction of any easernert. The Association shall have the right of entry on any part of the Property for the purposes of enforcing this Section. My costs incurred by the Association in connection with such enforcement shall be assessed to the persons responsible for the interference. 4.7 The Association shall maintain and keep the Common Eenents in good condition and repair the cost of which shall Tar mewed as part of the Common Expense, subject to the Bylaws and Association Rules. If, dire to the act or neglect of a Lot owner or a Lot Owner's invitee, guest or any other occupant of a Lot, damage shall be causth to the Common E1cm tints or to a Lot owned by another, then such Lot Owner shall pay the costs of repairs and replacement es maybe 3,;�ermined against such Lot Owner secured by the lien provided for in Section 4:1 above, ARTICLE V Err'FORCEM'~aNT OF COVENANTS 31 Violation C?eemedA Nuisance, Every violation of this Declaration is deemed to be a nuisance turd is subj%t to all the remedies provided for the abatement of the violation. In addition, all public and private remedies provided for the abatement of the violation of these Covenants shall be available. 5:Z Compyanee, Each Lot Owner and any other occupant of any part of this properly shall comply with the provision. of these Covenants es the same may be amended from time to time. Failure to comply with these Covenants shalt be rounds for at action to recover damages or for injunctive relief to cause any such violation to be remedied, or both 33 Who may Eel nee Any action to cafe= these Covenants may be brought by the Declarant or the Board in the name of the Association On behalf of the Lot Owners. If, after a written request from an aggrieved Lot Owner, neither of the foregoing entities commence an action to enforce these Covenants. then the aggrieved Lot Owner may bring such an action. 5.4 All the remedies set forth herein are cumulative and not exclusive. c . $ a71 1.1 711, Ir71M r: r) i'lti }. ! 1111111 N1111111111111 11111111i 1E11 _J11 !!111111 6645SI OSP66/2aDO 09:17A 111201 P Th n R,sntntl: 6 of 19 6 3R.62 COO GARFIELD COUNTY CO S.S '�ygpiiiltiiity_ No member of the Board, the Declarants. the Association or any Lot Owner shalt be liable m any other Lot Owner for the failure to enforce these Covenants at any time. 5.6 Rem of Costs. If 1ee&I assistance is obtained to enforce any provision of these Covenants, or in any legal proceeding (whether or not suit is brought) for damages to for the enforcement of these Covenants or the restraint of violations of these Covenants, the prevailing party shall be entitled to recover all casts incurred, including reasonable attorney's files. N WITNESS'WI ERBOF, the Declarants has executed this Declaration this day ofJ1(3 a1 2000. &it; 6:?2" Barton F. Porter Linda Craig STATE OF COLORADO S S as. COUNTY OF GARFIELD S The foregoing instrument was subs>rribed and worn before me this L of ,2000, by Barton F. Porter and Linda S. Craig LE .! ` \J^ Witness my hand and official seal. , rr My Commission Expires: DECLARATION OF EASEMBNTS!COVANTS 6 P>abit ( day MARGARET R. JOY NOTARY PUBLIC 5TATE OF COLORADO M t%mHlli7HIP11DI 12723/20013 1 ;:n. . ' C :'J .. _ . 1 U77176 !.I xr.mf'! 't 14 l - ? r' 'Ili) iI111IiNil HMI 1111I11111I111111111 "1II 11111111 659284 02/11/2000 12711P 91172 12813 N RLSDORF 1 of 1 R 5,00 D 0,00 GARFIELD COUNTY CO f2.(4 b) M /o (s( BENZEL LIVESTOCK COMPANY, beIng 1'~,e ov.rn,er rp a Il of the iol owing descr ibe:A rear property, does hereby dedicate the same to the pL;r.lc for '`5 }iy2 r3'' _ Si,? h?'ief,t for rr.3:_"k-`a,•' purposes; An Access Easement for ingress to and ea:ess from the i:'':NW1/4 and the NY2S1,">1'/+ of Section 35, Tc.,,vr,ship 5 Ranie 93 West. 6th P.M., said easement bring ty) feet In width and k rtg .0 feet on either safe of a centerline. more panccu`:ar'.y described as fc:'1dws Beginning at a point on the centerline of Garfield County Road No. 319 (West Mamm Creek Road:, whence the North Quarter Corner of said Section 35 bears N. 5i°05'14' W. for a distance of 433.94 feet; thence S. 64'20'58" W. for a distance of 374.57 feet to a point on the east I:ne rf the NWS of said Sectio: 35, whence (he North Quarter Corrie;' of said Section 35 bears North for a distance of 434.72 feet. Said easement contains 0.516 acres (2.2.,474 sq. ft), more or less. By making this dedication, BENZEL LIVESTOCK COMPANY disclaims any duly or obligation to open. the property described in Exhibit A hereof as a roack-yay, or for maintenance thereof, or for any liability whatsoever pertaining to the same, This dedication i5 by quit claim only and no warranties, express or implied, are given and any and all water or tater rights which may be attached thereto are hereby reserved for the use and benefit of the Grantor o'^. other lands owned by it, IN WITNESS WHEREOF, the undersit;::ec: has hereunto set its "sand and sea' this //) day of May, 1994. STATE OF TEXAS ) ss, COUNTY OF BENZEL LIVESTOCK COMPANY .r, Joanne Grant Berke, C:eneral Partner The above and foregoing instrument was acknowledged before me this /07 dr.Y of May, 1994, by joanrie Grant Berke as Cenera' ?amber of nenzel L:.vestbc Com,'ar,y. toNeit S. Crumple( Notory Public, Stole Oi Texoc Cammtittcn eApir.i 403.96 My commission expires; cr-/ ; ' j b • nn Cir Kt ':,, Pt:1.-c 1 June 8, 2004 Gary Wallace P.O. Box 201 Rifle, Colorado 81650 CHURCH & Associates, Inc. ENGINEERS & GEOLOGISTS Subject: Revised OWS Design, Proposed Residence 1065 Gage Road Garfield County, Colorado Job No. 16464 Mr, Wallace, As requested, we have prepared a revised onsite wastewater system (OWS) for the proposed residence. Our original report, dated June 2, 2004, under Job No. 16464, should be discarded to avoid confusion. The percolation test was performed by Garfield County Building and Sanitation Department (GCBSD). SITE CONDITIONS The property is in a rural residential area of Garfield County, where OWS are required. The area of the proposed drain field has a slight slope with scarce vegetation. A well exists off the property greater than 100 feet from the proposed drain field area. PROPOSED CONSTRUCTION A 3 -bedroom residence is proposed at the location presented on Figure 1. The OWS was sized based 3 bedrooms and 450 gallon per day (GPD) using GCBSD loading of 75 GPD per person. The sewage loading with a peaking factor of 1.5 is 675 GPD. This loading includes washing machines and garbage grinders. If the owner is anticipating finishing of additional bedrooms in unfinished areas, we recommend the OWS be constructed to handle the additional loading. Our office should he contacted to revise this design, if additional bedrooms are proposed. SLTBSURFACE CONDITIONS The percolation test was performed by GCBSD in May 2001, as indicated on Individual Sewage Disposal Permit No. 3922, dated May 24, 2001. No subsurface details are Listed in the permit. An 8 -foot deep test pit must be excavated prior to the installation of this design to determine subsurface conditions and possible evidence of shallow ground water or bedrock. A percolation rate of greater than 90 minutes per inch (MPI) is listed on the permit. The permit has been included as Appendix A. DENVER 4501 Wadsworth Boulevard Wheat Ridge, CO 80033 www.geo-church.eom Toll Free -1.377.248.3123 303.463.9317 Fax: 303.463.9321 Revised OWS Design Iob No. 16464.6/8/04 Pagel RECONLMENDATIONS The OWS includes a septic tank and a gravelless chamber -trench drain field. The OWS is designed on a percolation rate of 90 MPI and an average sewage loading of 450 GPD. The installation must include one 1000 -gallon, two-compartment, plastic septic tank. Garfield County does not require the installation of an effluent filter in the septic tank. CHURCH & Associates, Inc. (CHURCH) recommends the use of an effluent filter to extend the life of the drain field. The drain field installation must include 1404.9 f12 of absorption area in eight trenches with 11 Infiltrator© Equilizer® 36 chambers each, for a total of 88 chambers, as presented on Figures 2 and 3. The drain field configuration can be modified to fit the topography. The trenches should be backfilled to reestablish the original slope. The surface of the drip irrigation should be seeded after installation of the system.:A native seed mix from the area available at seed stores should be used. These mixes do not require irrigation and develop a growth 10 to 15 inches high. NO automatic sprinkler system should be installed over the field. INS'T'ALLATION OBSERVATIONS The installation of the OWS is to be observed by the design engineer. Observation is required prior to backfill. At that time, the septic tank is to he installed with risers on the tank, and inlet and outlet connections properly bedded. The drain field is to be ready for backfill with dispersal pipes in place. Other components such as distribution valves, effluent filters or pumping systems, as applicable. will be observed at that time. Property corners or Eines must be clearly marked and labeled. The installation observations will be invoiced separately and are not included in our design fees. OPERATION AND MAINTENANCE The owner must realize an OWS is different from public sewer service. The owner must assume. responsibility for continued maintenance of the system. In the absence of a monitoring program. septic tanks must be pumped every 2 years. Effluent filter and screened vaults, as applicable, arc to be cleaned at the time of pumping or as needed. Disposal of plastic or other non-biodeeradahle material into the OWS should be avoided. Water use must be monitored so toilets are not allowed' to run when seals malfunction. To illustrate the point, a malfunctioning toilet can consume in excess of 1000 GPD. An excess 1000 GPD loading could flood and irreparably harm the OWS. We caution against the installation of a water softener. The chemical and hydraulic loading from the backwash of a water softener can be detrimental to the OWS, and a separate dry well should be constructed for the backwash brine. Chemically treated water from a swimming pool or spa should not be introduced int() the OWS. Livestock and automobile traffic should he kept off the drain field. No landscaping or plastic can be used over the drain field that will reduce the performance of the drain field. The OWS is designed for normal Colorado climate of approximately 15 inches of precipitation per year. Watering over the drain field area will add to the hydraulic loading, which can adversely affect the performance, and possibly the longevity of the OWS. LIMITATIONS An OWS requires installation by a contractor who is experienced in its installation. Our design and recommendations are based on data submitted. if proposed construction is changed. we should be notified to evaluate the effect of the changes on the OWS. Our office should be contacted prior to any modifications to this design to evaluate the effect of the modification. Revised OAS Design Job No. 16464, 618/04 Page Pipe type and size, burial requirements, septic tank construction, and other specifications that are not depicted in our report are to conform to the requirements of the ISDS regulations. The installer of the system is to be approved by the county health department, and is to have demonstrated knowledge of the ISDS regulations and requirements. If there are questions or if we can be of further service, please call. Sincerely, CHURCH & Associates, lnc. Reviewed by: Eric R. Burns Samuel D, tlrton, P.E:.. Design Technician SDUIerb 3 copies sent via FedEx to: Gary Wallace 200 West 20th Street, #B2 Rifle, Colorado 81650 1065 GAGE ROAD GARFIELD COUNTY, COLORADO FRIA IMO INS 1•1•011•010.0 NM WINN WIN IOW/ 4•111. 1111•••••••••••• MEI OM •••• ; 1 • --, _ ... SITE PLAN JOB NO. 16464 FGURE SCALE = -"Ora tJ 1065 GAGE ROAD GARFIELD COUNTY, `COLORADO SEWER _!'E WITH CLQ ANON APPROXIM,~"'_ LOC.AT:ON OF PROPOSED 3 -BEDROOM RESIDENCE 1.," PVC EFF LUEN f LINE CONCRETE DISTRIBUTION BOX 7 DRIVEWAY i - SCALE 1"=20` NOTE: ',cOt".'EL_STOBE OCATED WITHIN IOC' oF DRAIN FIE:D ..000 -GALLON, TWO-COMPARTMENT: . o LAS -Ir SEPTIC TANK Li0t,.9 SF OF INFILTRATVE AREA INA GRA'V"'.__ESS CHAMBER-- RENC:IH DRAIN FIE -D, THE DK:A'N FIELD MUST HAVE 8 ROWS OF II NF T RAT R+;Ri EQ -36( :HAMMERS �■ FOR A 'OTA OF 85 CHAMBERS. II INIMIIIIIIIIIIMMIIMUNIMMININNIONIIMMINIMERIMMUIMIIMMINIMI ~1111/Mil■omr---- IIIRMIIIMINIIMEMIll CB;-RVAT,Q 'IP`S (TYP ) LOCATION OF PROPOSED OWS JOB NO. 16464 REVISED FIGURE 2 TYPICAL PLAN VIEW - N.T.S. IN& 1 1 L 1 1 CONCRETE DISTRIBUTION BOX (TYP) -4' PVC INLET "MINIMUM 9 CALCULATIONS AND SPECIFICATIONS a & toi2 _55 •1 0] .1 CO 5 z3<� �z3- (�ka\ ƒ �/33I «m« • } .z c• @/Ik» • 7§$§[ E DRAIN FIELD DETAILS JQE3 NO. 16464 0 a a) U) E a) t a 0 0 0 Tti 0 0 IFI 0 0 TANK ADAPTER OUTLET TEE fl • T I • INLET TEE It' 8 z APPENDIX A 1065 GAGE ROAD GARFIELD COUNTY BUILDING AND SANITATION DEPARTMENT INDIVIDUAL SEWAGE DISPOSAL PERMIT NO. 3922 APRIL 24, 2001 Y-26-2004 043:06 AM GAF c,,F4$ -r RUCTION GAIIFIEI COUNTY BUILDING AP40 SANsTATIc”.. 174:Piks"rop:4‘ 102 attl Street Suite. ',3().• Glenwood SprIngw, 0010Tat4c. alwr Prsorm ia03) 9452 • '4 PVIOU Al. SE WAGE DISP OS Al. PERM •IPPOPERTy & •-• PS‘1141 DeST.C.P.4 •!,;1,1;: lr- • , 2„,••• I : Ar.k.,t, Stick?. •••.Licf-tilN;., .• , • • rikl, • :«:r,.! !.• , • , • • ,,, oa ,K,;;I, • tAL synTE.04 114SPECTl;N;;Nefti PFic)vAl. :•••:P1 • Z.“:1* f ••,'., •7 • ;•ki-.7,ik.N WITHE i••••::1-.4•.... A" 4re.:a.!a,..:-.),: nit:sl.zmiTinty •or, • • "• • , -.• .'; ,•••••,,,s0r: 191,4 vaiin C1(' to: - ••. uwA3,•vsl'A :•..1 • I 3 • 9 2 .1%seft .ors Parcel r f‘r • • 49,1.42. A' ; •r•-, f;.. -4:L r• - • -A, ,i-• •-• • -'• Fh.1-,:p3!ir;a1.4f.e.‘3,fir.A.47:,,,•: • •:•••••••• 5.03.021 Accessory Dwelling Unit (1) Lot size is 6.52 acres with slopes less than 40%. (2) The gross floor area for residential use occupancy is 1,386 sq. ft. (3) This unit is allowed by covenant. (4) We own a third interest in a shared well located on an adjoining lot, Permit # 228027, rec. # 9500173. We also have a new Well, the Wallace well, Permit # 66111-F. (5) Upon approval of the ADU there will bean individual sawage Disposal system designed in compliance with the County regulations. (6) There is a leasehold interest in this dwelling unit. (7) All construction will comply with County building code requirements. Mr. Gary Wallace and Ms. Pat Wallace PO Box 201 Rifle, Co. 81650 July 27, 2008 Garfield County Building and Planning Dept. RE: Special Use Permit Application for an ADU in the ARRD zone district Attn: Dustin Dunbar, AICP Dear Dustin, I would like to address the deficiencies in our application for a special use permit. Our well sharing agreement has three residences, ourselves, Ron Hays, and Nick Yerian. There is a second pump shed and pump for the Wallace well. There are two water holding tanks, both on our property, which have no relationship to one another. A 1000 gallon water holding tank, per residence, is required by the water sharing agreement. We are using one. holding tank for the present residence, which runs from the Wallace well to a separate pump shed and then to the holding tank closest to the house. The second water holding tank was put into place by us (closes to the well) because one of the residences had not complied with the 'required' holding tank and subsequently, they were constantly draining the 40 gallon pressure tank in the other pump house, causing issues. To curb this problem, we installed the second water holding tank with the intention of having them run the water out of the 'shared' holding tank instead of the pressure tank. This will be a leasehold unit. We thank you for your time and await your reply. Sincerely, rl 11111 111111 111111111 1111 111111111 11111111111 648878 03/25/2004 03:33P B1571 P430 M ALSDORF 1 of 2 R 11.00 D 8.50 GARFIELD COUNTY CO Filed for record the day of Reception No. ,A.D. at o'clock M RECORDER. DEPUTY. By WARRANTY DEED THIS DEED, Made on this day of MarCh 23, 2009 MICHAEL HINKLEY AND STEPHANIE M. HINKLEY of the County of GARY A. WALLACE AND PATRICIA A. WALLACE , between and State of COLORADO , of the Grantor(s), and whose legal address is :20O W. 20TH STREET, UNIT B2, RIFLE, CO 81650 of the Grantee(s): of the County of GARFIELD and State of COLORADO WITNESS, That the Grantor(s), for and in consideration of the sum of ( $85,000.00 ) DOLLARS *** Eighty Five Thousand and 00/100 *** the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grantee(s), their heirs and assigns forever, r,tuate, yt indnbein in common but in joint tenancy, Countyall ofthe GARFIELproperty, toandhStatewith ofimprovements, Coolorado, describedany, as follows: tying and being in the SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF also known as street number TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right title interest, claim and demand whatsoever of the Grantor(s), 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 appurtenances, unto the Grantee(s), their heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee(s), their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolut* and indefeasible estate of inheritance, in taw, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, SUBJECT TO GENERAL TAXES FOR THE YEAR 2004; AND EASEMENTS nRESERVATIONS. RESTRICTIONS COVENANTS AND RIGHTS OF WAY OF RECORD. IF ANY; AND DISTRIBUTION UTILITY EASEMENTS; AND MATTERS NOT SHOWN BY THE PUBLIC RECORDSBUT OF WHICH GRANTEE AND THE BENEFITS AND TBURDENS OF ANY DECLARATION UAL KNOWLEDGE; AND WITHINN OF THE PROPERTY L AND PARTY WALL AGREEMENTS, IF ANY, 'TAXINGXINGDIS. The Grantor(s) shall and wilt WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee(s), his heirs and assigns, against alt and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, and the plural the singular, and the use of any gender shalt be applicable to all genders. IN WITNESS WHEREOF the Grantor(s) has executed this deed on the date set forth above. MICHAEL HINKLEY By:i ti LY Yl ..j 1,1, {...�.t' i } i TERRANIB M. HINKLEY STATE OF COLORADO ) Com eit ,ss 4 r' / • whose legal address is :20O W. 20TH STREET, UNIT IT B 2ti SSRIFLE, IF E ,f CCO 81650 of County of the WITNESS, That the Grantor(s), for and in consideration of the sum of ( $85,000.00 *** Eighty Five Thousand and 00/100 *** the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, presents does grant, bargain, sett, convey and confirm unto the Grantee(s), their he not in tenancy in common but in joint tenancy, all the real property, together with tying and being in the County of GARFIELD and State of SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF , of the Grantee(s): DOLLARS sold and conveyed, and by these irs and assigns forever, improvements, if any, situate, Colorado, described as follows: also known as street number TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right title interest, claim and demand whatsoever of the Grantor(s), 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 appurtenances, unto the Grantee(s), their heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee(s), their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the sante are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, SUBJECT TO GENERAL TAXES FOR THE YEAR 2004; AND EASEMENTS, RESERVATIONS. RESTRICTIONS. COVENANTS AND RIGHTS OF WAY OF RECORD, IF ANY; AND DISTRIBUTION UTILITY EASEMENTS; AND MATTERS NOT SHOWN BY THE PUBLIC RECORDS UT OF WHICH GRANTEE HAS AL TAXING DISACTUAL TRICT AND THE BENEFITS AND BURDENS KNOWLEDGE; I OF ANYDECLARATiON AND PARTY WALL AGREEMENTS. IF ANY. The Grantor(s) shall and wilt WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee(s), 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, and the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the Grantor(s) has executed this deed on the date set forth above. STATE OF COLoMAJO County of ) )ss. ,Byr /; .J/ MICHAEL HINXLBY By:�� i I Lt p B N. HINXLBY i>t \V, A. Lori C The foregoing instrument was acknowledged before me on this day of Naroh 23, 2004 by MICHAEL HINXLBY AND STEPHANIE At.HINXLEY My commission expires, Witness my hand and official seat. Name and Address of Person Creating Newly Created Legal Escrow# GW243384 Title# GW243384 Form 96 01/13/03 WDJT1 WARRANTY DEED (Joint Tenants) When Recorded Return to: Description ( 38-35-106.5, C.R.S.) Gary and Patricia Wallace 200 W. 20th Street, Unit B2 Riffle, CO 81650 Printed: March 18, 2004 (144486) • r whose lege( address is : 20P W. 20TH STREET, UNIT 82, RIFLE, CO 81650 of the Grantea(s): et the County of GAR1XRLD and State of CU 0111,1u V ITNEss, 7.7.ae the ante -(s), 'cr rd in cc^s:oast ren. c+ t.ni sur- ei ( 59S, 000.00 ._x gxghty give Thousand and 00/100 hereby acx;-,cwied ed, *as grants, targaineo, s:.o ar+-r con•:et�ed, and by :nose ._-e'c'. �^.^. 's..;':i: iCr'�i .t w.^'.rh ;S 8 C,v � 0— oleo yr , bargain, sei:. v.:.",vey and ccnf'rin unto the ,,rarree(s), t'i,ir heirs and assign, torr Ver, -<,e if any, situate, ''+ :e'ta.':r; +<',t common but :`� ;Clot tenancy, all the roan property, together with i81p!'ave!'Krnt . .`Tag a,.H veiny in .re — _ _ County of GARFIELD anti State of Colorado, descr•.bed as f01tows; SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF also known as ;:treat number 'I't)t7FTHBR with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining jjj 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 taw or equity, of, in and to the above bargained premises, with the hereditaiients and appurtenances; . TC) IIAVE ANt>TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s), t*,ti, Heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant r.e:r !'.,,iia and assign', •at at the tine r;t the cnseatinc3 and delivery .. -t r."', ac._! s;:r':�: ,2 <:+,.3 ;,:ri, the Grar.:er<:U, t , I t! a of ' ee presents, he is wet; seized o` the premi nes above conveyed, has good, surra, perfect, absolute and indefeasible estate of inheritance, in taw, in tee simple, and has good right, full power and '.awful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the sante arc free and clear from ail former and other grants, bargains, sates, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, SLiIIJE:CT TO (i[:NERAL'r:AXI?S FOR THE. YEAR 2004: AND EASEMENTS, RESERVATIONS. RE TRIC'r'lr)Vs. COVENANTS AND Id RIGHTS OF WAY OF RECORD. IP ANY; AND DISTRIBUTION UTILITY EASEMENTS-, AND MATTERS NOTSFIOWN RY THE PUBLIC r RECORDS RUT OF WHICH GRANITE HAS Ar rt AL KNOWLEDGE: AND INCLUSION OF 9'11 PROPERTY WITHIN ANY SPECiAt, TAXING IMSTRiC [: AND THE BENEFITS AND BURDENS OF ANY DECLARATION ANL> PARTY WALL AGREEMENTS. IF ANY. 1. !: The ert5, ) shall and wilt wARkANT AND FOREVER DEFEND the above bargained premises in. the quiet and peaceable s possession of the Grantt+e(s), his heirs and assigns, against aLl and every person or persons lawfully claiming the whole t. or any part thereof. The singular number shall include the plural, and the plural the singular, and the use at any gender - shall be applicable to all ,genders. IN WITNESS VVHERE;OF the Grantor(s) has executed this deed an the date set forth above. MSCEAEL HINKLEY~ 8Y14 -r • .sa.-.-.--.....-. STAPRANIR M. HTHELEY STATE. OF oo&Q$ADo ) Pr -r1 ss. y of `. , �.. The foregoing instrument was acknowledged before me en this day of by MICHAEL EMMET AND STEPHANIE M. EINXLEY Marr:h 29. 2004 My commission explrCS, witness my hand and official seal. Nome and Address of Person Creating Newly Created Legal Escrow# GW243384 Title# GW243384 Form Notary pylic Description ( 38-35-106.5, G.R.S.) When Recorded Return to: iia'y and Patricia Wallace 200 W. 20th Street, Unit 82 Rifle, CO 81650 nes} Printed: March 18, 2004 96 01/13/03 WDJTi WARRANTY ?,FED (Joint Ten 064450 L€Vkt e -nom.. C \ \`1 Imo+ r febrtivary 1. 2008 Gary & Patty Wallace This letter serves as notice for the following: 1) You have plowed our drivewa±. several times without permission. This creates ice when the blade is set to tin on top of the snow. We have slipped in our drive- way se I, era! rimes, ine'_udinu my mother at age 77. Fresh snow creates traction, 2) You have plowed Hage road witiout permission. You have once again plowed 4n top of the snow. which creates a bed of lee, and unsafe conditions :or us all, 3) You have driven recklessly on Gage Road. I have received complaint from Encana...empioyees on two. occasion/in which you rein ahem.aff the, rnad..uwithowt stopping,. For the protection & safety of everyone who drives Gage Road. We have had to resort to speed limit signs. Which you have chosen to disregard. 1 his is notice that in the future Garfield County. Sherriffs Dept. will be notified for speeding and any other driv`ng violations. 4) You have drilled a well on our property without our permission. the permission of your neighbors, and without the permission of the Dept of Water Resources in Glenwood Springs which is a violation of their regulations. You have changed the well permit showing you own a l 00% of the existing well, in reality you only own I/3 interest. it's possible that this is also a violation of the State. You are expecting the neighbors w pay for your error. when you didn't even have a meeting with them for everyone's vote on the matter. You shut off the existing well water to their homes because of -this, which you once again cannot do. This well serves ail three lots. with each lot owner having 1/3 interest and an easement through our property to maintain the well. 5) You have shut orf the casement recorded at the Garfield County Clerk & Recorder office. which allows people to access Bim. You have been asked many times to move your fence off our property and off the easement road m hltn. Which you have chosen to disregard. 6) You have been asked to shut our gate entering our property math times. \ h:ch you have chosen to disregard. Your plowing the road at the gate "incorrectly' is causing unsafe conditions for us all. 71 You are allowed to travel on Gage Road through our property to reach your property and to use the easement to access the well for maintenance. You are not allowed to trespass any where else on our land for any reason The Garfield County Shcrrift's Dept. will be notified if we find you trespassing without .permission, or it our neitth hors find you trespassing,on our land. (inc would hope that tnost people have a degree of intelligence, decency, and some levet of common sense to follow basic requests when traveling through someone else's property. r Linda & Michael Sugar 0143 Gage Road Rifle .C'{, 81(50 Cc; Coleman, Williams. & Vt' itson .borne} at Law Cc; Garfield County Sheritrs Dept. Cc; Encana Oil & Gas Cc; Bureau of Land Nla'tagernent Cc: Colorado Dept. of Water Resciirzes Cc; hick Yerian (lot'_ owner) Cc; Sharon & Ron Hayes (lot 1 owner)