HomeMy WebLinkAbout1.0 ApplicationCo*"trn
GARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 201
Glenwood Springs, Colorado 81601
Telephone : 970. 945. 821 2 Facsi m i le : 97 0.384.347 0
www. qa rfield-countv. com
Specia! Use Permit
STAFF USE ONLY
) Doc. No.: Date Submitted: TC Date:
) Planner:Hearing Date:
t]Ft
GENERAL INFORMATION
(To be completed by the applicant.)
Street Address / General Location of Property:
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F Legal Description:o{ \w,tr
tl+,*h" SE ' l. r I
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Description of Special Use Requested:
Ir;kg"t';,.e 010(&
'tn acres:
F Name of Propertv Owner (Applicant):
) Address:
) city: R.:.9tp
Telephone:
) Name of Owner's Representative. if anv (Attorney. planner. etc):
Ao"riJrrs 4 r^erle." n,.l -i3.:-,,eyl * A -l-e-le-"
) Addres ",\ +q +q eK zyq i
Tetephone : eua ..u e5 .-d 73 *) citv: Pa.rack,^-lo state: 0- Zipcode: 75lb"yi rnxiYh-qz-
0 i} 2003
F zone District: L Cl*-* t e\
State: 0,l Zip Code: QIUSA f nX:
. As a minimur, lp""iti""
l information tobe submitted with this application:
/ 1' Please submit, in narrative form, the nature and character of the special Use requested.submit Pllns .an!. supporting
,information'li.-e.-ietterg from responsible agencies). lncludespecifications for the propos6d ,se in.rroiigl but not limited t;, th" hours of operation, thenumber and type of vehicles accessing flre s"iie on a daily, weekly and/or monthly basis, andthe size and location of any existing ".cl"r pr"p"sed struciures tnat *.i1 r," used in conjunction
v\ #[i?:,l:"#3]El !i3;.1ni
provisi6ns ror "E.tli. power service and any other proposJl utirity
lf you will be using water or will be treating wastewater in conjunction with the proposed use,please detail the amount of water that would be used ,no th" type of wastewater treatment. lfyou will be utilizino well water, pleaie attach , .opv oiln" appropriate-rr"ir p"rrit and anyother legal water sippty inrormation,
-inirroing
,,ru-tli a-tioiment contract or an approved water
;;Smentation
plan to demonstrate ihat yo, iuu" l"gri ,;o aoequate *ri"i io,. the proposed
z s' sru?n!^+sg!u /map drawn to sca.le that portrays the boundaries
^of the subject property, ailexrsting and pioposed structure? llttfr"ri"rty, indtn" c"rrtv or state roadways within one(1) mile of your property' tf you are.proposing a new or expanded access onto a county orstate roadway, submit a driveway or highway access permit.
J4' submit a vicinity map showing ?,lop"-.1 topography of your property, for which a U.s.G.s.1:24,000 scale quadrangle map will suffice.
;' submit
". ?9py of the appropriate portion of a Garfield county Assessor,s Map showing allmineral rights owners or ine suble,it prop"rtvlnd p,ublic rrJ riri"rte randowners adjacent toyour property (which should be delineated). 'ln additionat,-iro[-.,ii'L tist of all property owners;:lt[?'fl9:xTi.'j#i::"r,to or witninioo rt. of the sii". rni.'information can be obtained
"/6. Submit a copy of the deed and a regar description of the subject property.
''/
7' lf you are acting as an aoelj-for the property owner, you must attach an acknowledgementfrom the property owner th-at you may act in his/her beharf.
8'
3.[3Tf ti:;:1i#"i:JleHi:cificarrv responds to each of the foilowins criteria from Section
(1) Utilities adequate to provide water and sanitation service based on acceptedengineering standarcs and,rp?.u"J uv-ii".eorrd of county commissioners shall eitherbe in place or shall be construit"o in .oijrn.tion with the proposed use.
(2) street improvements adequate to accommodate traflic volume generated by theproposed use and to provide sate, conv"ni"nt access to tn" ,.L shall either be in place orsha' be constructed in conjun.ti;; ;ith ii"'i.po.ed use;
(3) Design of the proposed use is organized to minimize impact on and from adjacentuses of land through installation or sctee'n ren.", or landscape materiars on the peripheryof the lot and by location of intensiverv i,iiri="0 ur""., ".."l5"poirt., lighting and signs insuch a manner as to protect estabtishei n"'g];oorhood character;
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9:!rffi:::lt ,.3l,J,X' Jlfffo,:.,ij":':^?lTitrequeste_d, you may need to respond toadditional review sianoaios--isuvr(rvr rcrr ruvrew slanoards in the Garfie,ld county Zoning n"sorution section s.o0Ls:lp^l:f:ntary Regulationsl. This;;y include uses srrr:h inr{rrcrriar rroaa r^^^+;^- F n^ ^_ ^l11, ]:.lrl: :,r.":, :,y..h. i n du Jtri a I u r.,' tr".ti-o."i. o i o i i:":i"',? *1ij?j["#"3g1H:*; tj:i:gi,;i:p,yrilil ffffill;.,',?,tffi:::,": 3',:J,,t
ffi ffi 11,?,"ir::i:,["":;*,'lrJ*L",a!:-;J.+li'Jlli,nT'8:;:l,"fliHi"J:"ffi:'::
obtained from this office or information can be
Itlt.(ThefoilowingstepsoutiineWproceSSworksin
Garfield County.)
" flJfl?,? ?f"?ilil:e:-Applicant shall sisn the "Agreement for payment,, form and provide the
11' Submit 2 copies, of,this completed application form and all the required submittal materials tothe Building and Planning o"pr-rth*rl ,:*rf *iri ,"qr"rt additional copies once the SpecialUse Permit apprication ha; be;;;eemeo technicary comprete.
1' submit this completed application form., base fee, and all supplemental information to the' Garfield county Planning b"pr.tr"nt. lt will be received and given to a staff planner whowirr review the appricatioi for'technicar .orpr"t"r"...
2' cnce the application is deerned technically.complete, the staf,r planner will send ycu aletter indicatinq the application ii complete. tn acliition, stan witt ,ir" ,"no you a ,,publicNotice Form(si" inoicSfing the tiie ano oale or yo;ih;r;il ##ilh. Board of countycommissioners' Prior 1o t6q prbti. h"rring, st# iriri prouio" you with a staff Memorandumregarding your requested special Use. 0ibian oei"rrin"s yo-u application to be deficient,:#:ti,H ffiiJ[.'i vou'inoicating that ,ooitLnrr informltion'i, n""o"o to deem your
3' lt is solely the Apolicant's responsibilily to ensrrre proper noticing occr-rrs r.egarding therequested special Use and the oublic r',"riing.-ii [rop", notice fias not occurred, thepublic hearing wilt not occur. Gti"" requirementi are as follows:
a' Notice by publication, including the name of the applicant, description of the subjectlot' a description of the proposed special use and nature of the hearing, and thedate' time and place for ihe-'hearing'.r,rli#given once in a nl*.paper of generalcirculation in that portion of F iJuriv i. *hi.h the subject property is located atleast thirty (30) bui not more,tnan sixivioot orv. prior to the oite ot such hearing,anc proof of pubrication shart be preseni"J'rii.uring by the appricant.
b' Notice by Tail,.containing information as described under paragraph (1) above,shall be mailed to all ownJrs of record ,r rt *n in the county Assessor,s office oflots within two hundred feet (200') oi th" ;rbject tot and to
-all
owners of mineralinterest in the subject property at tLastirrl,tv rsol uut not mor"'in"n sixty (60) daysprior to such hearing time by certified r;il; receipt mail, and receipts shall bepresented at the hearing by the appricant. vvv,vr ,,c,,,, c, rr.l
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ft e po stin s,,1i' t, r"' ii, ""',, i l*,iiilr" r5tjtff i :l *1Jii:l 1?_,? iff T:?:prior to the hearing date and is ftie sote i"iponsoiriiv tr the applicant to post thenotice' and ensure that it remains posted untiianJ Juring tne date of tre nearing.
4' The Applicant is required to appear before the Board of county commissioners at the timeand date of the public hearing at which time the Borio *itt .onrid"r ttre request. ln addition,the Applicant shall provide pr6or, at the hearing-, il',ui'prop"r notice was provided.
5' Once the Board makes a decision regarding the special Use request, staff will provide theApplicant with a signed resotution memoria'iizing t[e action tgken by the Board. Followingthe Board's approval, this office will issue ir," Bp".iul Use permit io the applicant. lf theBoard's approval. includes specific conditions of uppiourl to be met, this office will not issuethe official special Use Permit clrtincato y;ilI th;;pplicant has satisfied all conditions ofapproval' The special Use Permit approval is not finalized until this ori"u has issued theSffini;:fl::fl.,'" Permit ."'tiri.rti, iig;"J o/ il. chairman or the Board or county
c' The site srrdTi oe posted such that the notice is clearry and conspicuously visible
+lI:lf:1''j'9jt;?l.yav, with noti." 'is;;;;;ij"i ov the pranninq Department
I have read the statements above and have provided the required attached informationwhich is correct and accurate to tne oest of my knowredge.
I
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(si ture of applicanV
t Revised: 1110712002
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GARFIELD COUNTY BUILDII\G AND PLANNII\G DEPARTMENT
FEE SCHEDULE
Garfield county' pursuant to Board of county commissioners ("Board") Resolution No. gg-0g, has estabiisheda fee strucfure ("Base Fee") for the processini of each type or.rudivision and land use applications.
The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multipliedby an hourly rate for the personnel involved. The Board recogni zed that the subdivision and land useapplication processing time will vary and-that an uppu"urt should p"i r". irr",o,ur cost of the review which mayrequire additional billing' Hourly iates based o,iil" rrorav yrury,"unJ d;;;" benefits costs of the respectivepositions combined with an trouity overhead cost for the offrce *ltt u" u.Ia to establish the actual cost ofcounty staff time devoted to the ,"ui"* of a particur* p."jl"t.
Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, theapplicant will be billed based on actiul staff hours u""*"a. Any billing shall be paid in fulr prior to finarconsideration of any land use permit, zoning amendment or.subdivirioo it*- If an applicant has previously
rt*1,?X#ff?::J:1"."r?,T as requi'ed,
'o i"* o, uaaliionar applicatioo, *lr be accepted ror processing untir
checks' including the appropriate Base Fee set forth below, must be submitted with each land use application,and made payable to ]he Garfield counlv- Treasur-et applications will ,;;;" accepted without the required3lffi,Jli*,fff,1;i:.il ;;;;;#;;,withdraw from the appricant is
Applicationsmustincludem.(..Agreement,,)setforthbe1ow.TheAgreement
;.J]tff"'i::,'Xij;H:,'j: d;;;;;;;#; with processing the apprication;L1ffi T,?i,il::tbesigned;t'#;;;;6J"J#iffi :;:;::Tffi ".ffi X#'-i,ffi;:ffi
'HffXil:,i;l
The complete fee schedule fcr subdivision and land use applications is attached.
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Page 2
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The foliowing guidelines shall be used for the administration of the fee structure set forth above:
1' AII applications shall be submitted with a signed Agreement for palnnent form set forth berow.
2' county staff shall keep accurate record of actual time required for the processing of each land useapplication' zoning amendment, or subdivision appti."ii"r. any additionuiuilirg will occur commensurate
il:'il|! additional costs incurred by the county ,J
"
r.*rr of having i; ,;k; more time rhat that covered by
3' Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or
;:Hi'::",ilJiffi,,lffidiiional costs shall be paid,o ,r," execution olth" written resolution confirrning
4'
#ilr:#il"f'rTr:* or corrected Plats, Exemption Plats or permits wilr nor be recorded or issued until al1
In the event that the Board determines that special expertise is needed to assist them in the review of a landuse permit' zoning amendment, or subdivision appliclrl"r, r*r, costs wiil be bome by the applicant andpaid pnor to the final consicleration of the applicaiion. Ali additior,al costs ,t ui u" paid prior to theexecution of the written resorution confirmin! action on iie apprication.
If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above.
l,ffiilJ,,PuffifJi;:',"}:ffi|]d in the above chart will be charged at an hourl y rutebased on the pertinent
5,
6.
7.
8' The Planning Director shall establish appropriate guidelines for the collection of Additional Billings asrequired.
9' This fee structure shall be revised annually as part of the county budget hearing process.
Page 3
GARFIELD COUNTY BUILDING AND PLANNIING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
3tHf-H^"?tr""*$,":#TJ;?Hf'*a #arr'"/ n ' "r'f '4
1.lfPI;ICiNT hasrgubmitted to COLNTY an appticationTy an application l
_(hereinafter,
for
THE PROJECT).
2' APPLICANT understands and agrees that Garfield county Resolution No. 9g-09, as amended,establishes a fee schedule for each tlpe of subdivision or land use review applications, and the guidelines for theadministration of the fee struchue.
3' APPLICANT and coLrNTY agree that be^cause of the size, nature or scope of the proposedproject' it is not possible at this time to ascertain the fulI extent of the costs involved in processing theapplication' APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and tothereafter permit additional costs to be bilied to APPLICANT. APPLICANT agrees to make additionalpayments upon notification by the coI-rNTY 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 ofconsulting service determined necessary by the Board of county commissioners for the consideration of anapplication or additional cotrNTY stafitime or expen." ,o, covered by the Base Fee. If actual recorded costsexceed the initial Base Fee, APPLICANT shall puy udaitiooal billings to coLINTy to reimburse the coLrNTyfor the processing of the PRoJECT mentioned uuorr". APPLICANi acknowledges that all billing shall be paidprior to the final consideration by the colrNTY of any turrJ ,r" permit, zoning amendment, or subdivision plan.
APPLICANT
Date. /,/* >- O 3
, l)truV / tl
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Form No.
GWS-25
APPLICANT
OFFTCE OF THE SIE ENGINEER
c.^qLoBADO p-tVISlOJ{ pF WATER RESOURCES818 Centeor&ll Bldg.. 1313 Strernran St, Oenr,er,-OOoriOo tifZOS
(303) 86G3581
DOUGI-AS A & BEVERLY A TETER
4949 COUNTY ROAD 309
PARACHUTE, CO 8163'
(970) 62$5734
APPROVED WELL LOCAT]ON
GARFIELD COUNTYSW 114 NE 114 Section 25
Township 6 S Range 95 W Sixth p.M.
DISTANCES FROM SECTION LINES
2650 Ft. from South Section Line
2600 Ft. from East Section Line
UTM COORDINATES
A WeLt Northing: Easting:
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This wdl shax be used in such a lt€y as to cause no material injury to existing wator rights. The issuance of this permit
does not ensurs that no injury will occur to another vested water right or preclude
"nothul.
owner of a vested water right fromseeking relief in a civil court action.
2l The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approvatof a variance has been granted by the state Board of Examiners of water well construction and pump lnstallationContractors in accordance with Rule 18.
3) Approved pursuant to cRS 37-92-602(3)(bxllXA) as the only well on a tract of land of 35 acres described as that portion ofthe SE 114 of the NW 1/4, the NE 114 ot the SW 1/4, the SE 1/4 ol the SW 1/4, Sec. 25, Twp. 6 South, Rng. 95 West, 6th p.M.,
Garfield county, more particularly described on the attached exhibit A.4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more thanthree (3) single family dwellings, the watering of poultry, domestic animals and livestock on a farm or ranch and theinigation of not more than one (1) acre of home gardens and lawns.
5) The pumping rate of this well shall not exceed 15 GpM.
6) The retum flow from the use of this well must be through an individual waste water disposal system of the
non-evaporative type where the water is returned to the same stream system in which the well is located.7) This well shall be constructed not more than 200 feet from the location specified on this permit.
NOTE: Expired permit no. 210888 and canceled permit no. 202849 were previously issued for a portion of this legaldescription.
NOTE: Parcel ldentificatlon Number (ptN): 2g-2113-251-00-022 2* *', a--
NorE: Assessor Tax Schedule Number: R26o1z1 (totaling 147.3g acres)//,/i ?/aa3
IPPROVED
)MW
WELL PERM]T NUMBER 25/15p,
DIV. 5 WD 39
State Engineer
TE ISSUED -1 9-TION DA'
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Commonwealth Title GomPanY
of Garfield GountY, lnc.
127 E.5th Street / P.O. Box 352
. Rifle, GO 81650
Phone (970) 625'3300 / Fax (970) 625'3305
817 Golorado Avenue, Ste. 106
Glenwood SPrings, CO 81601
Phone (970) 94544441Fax (970) 9454449
Date: October 9, 2003
To: Douglas A. Teter and Beverly A' Teter
4949 County Road 309
Parachute CO 81 65081 650
Attn:
Phone:
Fax:
Re: Douglas A. Teter lHarry L. Naugle
Thank you for your order.
Enclosed please find the following
in connection with our File No. 0310001:
F Commitment
{tr Title Policy
tr Endorsement
tr Tax Certificate
r-lN Other
t\t\
Copies Sent To:
Alpine Bank
COMMITMENT FOR TITLE INSURANGE
SCHEDULE A
File No. 0310001
1. Effective Date: October 8, 2003 at 7:59 AM
2. Policy or Policies to be issued:
(a) ALTA OWNER POLICY (ALTA 10-17-92)
Proposed lnsured:
Douglas A. Teter and Beverly A. Teter
(b) ALTA LOAN POLTCY (10-17-92)
Proposed lnsured:
$16s.000.00
$160,000.00
Alpine Bank
3. The Estate or interest in the land described or referred to in the Commitment arrd covered herein is Fee
Simple and is at the effective date hereof vested in:
Harry L. Naugle and Rhonda Kay Naugle
4. The land referred to in this Commitment is situated in the County of Garfield, S1:ate of Colorado and
described as follows:
See Exhibit "A" attached hereto
And made a part hereof
TITLE CHARGES
Owner's Policy Standard Coverage
Mortgagee's Policy
Tax Certificate
$346.0rc
Re-lssue Rat,e
40.0,0
15.0 0
COUNTERSIGNED:
American Land Title Association
Schedule A
(Rev'd 6-86)
Authorized Officer or Agent
ES
Valid Only if Schedule B and Cover Are Attached
lssuing Agent:
Commonwealth Title Company of Garfield County, lnc.
127 Easl5th Street Rifle, CO 81650
File No. 0310001
SCHEDULEB.SECTIONl
The Following are the requirements to be complied with prior to the issuance of said policy or policies. Any other
instrument recorded subsequent to the date hereof may appear as an exception under Sclredule B of the policy to be
issued. Unless otherwise noted, all documents must be recorded to the office of the Clerk and Recorder of the County
in which said ProPertY is located.
1. warranty deed from Harry L. Naugle and Rhonda Kay Naugle vesting fee simple title in Dc,uglas A. Teter and Beverly
A. Teter.
Z. Deed of Trust from Douglas A. Teter and Beverly A. Teter to the Public Trustee of Garfielc County for the use of
Alpine Bank.
NM6
American Land Title Association Commitment
Schedule B - Section 1 - Form 1004-5
11.
12.
13.
14.
15.
16.
17.
18.
19.
File No. 0310001
SCHEDULEB-SECTION2
Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of tothe satisfaction of the company:
1. Rights or claims of parties in possession not shown by the public records,2. Easements, or claims of easements, not shown by th6 public records.3' Discrepancies, conflicts in boundary lines, shoriage in area, encroachments, and any facts, which a correct survey andinspection of the premises would disclose, and which are not shown by the public ,""oidr.
4 ' Any lien, or right to a lien, for services, labor or material heretofore oi hereafter furnished, inrposed by law and not shown bythe public records.5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first app,ssling in the public records orattaching subsequent to the effective date hereof but prior to the date the proposed insureo acquires of record for value theestate or interest or mortgage thereon covered by this commitment.
6' Any and all unpaid taxes, assessments and unredeemed tax sares.
7. Any lien or charge on account of the inclusion of subject property in an improvement district.
8' Any and all water rights, claims, or title to watei, whether or not the matters excepted are shorrun by the public record.
9' Right of way for ditches or canals constructed by authority of the United States, as reserved in United States patent recordedJuly 8, 191 'l in Book 73 at Page 44 and in pateni recorded January 24, i}g4 in Book 12 atptrge 279.
10' Right of way to Public.Service Company of Colorado described in Rule and Judgment recorcted July 21, 1930 in Book 161 atPages 488 insofar as it may affect subject property. (exact location not defined)
Reservation of a one-third interest in all oil, hydrocarbons and minerals as described in deed recorded July 15, 1g2g in Book159 at Page 97, and any and ail interests therein or assignments thereof.
Reservation of a one-half interest in all oil, hydrocarbons and minerals as described in deed recorded September 3, 1g2g inBook 155 at Page 372, and any and all intereits therein or assignments thereof.
Easement and right of way for any existlng irrigation ditches, canals, laterals or pipelines as ir, place or in use.
Any portion of the subject property lying within the right of way of lnterstate 70 as described in Rule and Order recorded July6, 1982 in Book 602 at Page 597.
Permanent easements described in Rule and order recorded July 6, 1gg2 in Book 602 at pagle 5g7.
Each and every right of access to and from any_part of the right of way of colorado State Highway 70 as described in Ruleand Order recorded July 6, 1982 in Book 602 aiiage 597. v )
Terms and conditions of oil and G-as Lease by and between Anvil Points Properties, Ltd., a c)olorado Limited partnership, asLessors, and Barrett Resources corporation, as Lessee, recorded December 7, 1gg2'in Book g4g at page.l 54, and asamended by instrument recorded May 14, 1993 in Book 862 at Page 530, and
"ny
rn- irr ini"r"rt, therein or assignmentsthereof.
Reservation of alloil, gas and mineral rights described in deed recorded July g, 1gg3 in Book g6g at page 145 and any andall interests therein or assignments thereof.
Terms and conditions of right of way agreement with swanson and Morris, LLC recorded Det:ember 29, 1gg4 in Book g26 atPage 800. (exact location not defined)
NOTE: EXCEPTION(S) 1. 2. 3 & 4 WILL NOT APPEAR IN THE MORTGAGE POLICY TO BE ISSUEDHEREUNDER.
The owner's Policy of Title lnsurance committed for in this commitment, if any, shall contain, in addition to the ltems set forth inSchedule B - Section 2, the following items:(1) The Deed of Trust, if any, required under Schedule B - Section 1 . (2) Unpatented mining clainrs; reservations or exceptions inpatents or in Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessirents and unredeemed tax sales.
American Land Title Association Commitment
ScheduleB-Section2
Form 1004-12
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INFORMATIONAL NOTES
This is to advise that COMMONWEALTH TITLE INSURANCE COMPANY makes available to its prospective insured
owners, in conjunction with their COMMONWEALTH TITLE INSURANCE COMPANY policy covering a single family
residence, including a condominium or townhouse unit, protection against mechanics' liens. This protection is not
automatic nor given in all cases, but is subject to the Company's underwriting requirements, and does not cover those
liens which arise out of work contracted for or entered into at the request of the insured owner. These underwriting
requirements include, but may not be limited to, the following:
1. Receipt by the Company of agreement(s) indemnifying it for any loss resulting from its granting of
lien protection, executed by the seller, contractor or others who might have incurred debts which
could result in mechanics' liens;
2. lnformation concerning the solvency and whereabouts of the parties set forth in lterr No. 1, possibly
including financial statements;
3. Evidence of payment of any bills which might have been incurred for work done on the property,
depending upon the length of time elapsed since the last work was completed and what remains to
be done;
4. ln the event of extensive recent constructions, whether on all the improvements located upon the
property or not, additional items required may include: (a) the Company's revielv of the owner's
andlor builder's history relative to construction projects previously complete d or presently
under construction; (b) review of the construction loan agreement if applicable; (c) review of any
performance or materialmen's bonds concerning this construction, if applicable; (d) payment of
the appropriate charge for mechanics' lien protection during construction, if applicabLe.
This is also to advise that, pursuant to Regulation of the Colorado lnsurance Commissioner, every title entity shall be
responsible for all matters which appear of record prior to the time of recording, and subsequent to the effective date of
the commitment, whenever the title entity conducts the closing and is responsible for recording or filing of legal
documents resulting from the transaction which was closed. This does not include those matters created, suffered,
assumed or agreed to by the insured. The prospective insured is advised to inquire of the c;losing entity as to whether
it is an office of COMMONWEALTH TITLE INSURANCE COMPANY or is an independert agent which will be the
responsible entity relative to the closing only.
NOTICE
lf Schedule B of your commitment for an owner's title policy reflects an exception for nrineral interests or leases,
pursuant to CRS 10-11-123 (HB 01-1088), this is to advise:
a) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from
the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil,
gas, other minerals, or geothermal energy in the property; and
b) That such mineral estate may include the right to enter and use the property without the surfa,;e owner's permission.
Pursuant to Senate Bill 91-14 (CRS 10-1 1-122) Notice is hereby given that:
a) The subject real property may be located in a special taxing district:
b) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the
County Treasurer's authorized agent;
c) lnformation regardlng special districts and the boundaries of such districts may be obtained from the Board of
County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: A Tax certificate will
be ordered from the County Treasurer by the Company and the costs therefore charged to the proposed
insured unless written instructions to the contrary are received by the company prior to the issuance of the
Title Policy anticipated by this commitment.
coMMrrMEr{T FoR ril.. TNSURAN.E
rssued by Commonwealth Land Title lnsurance Company
tll LandAmericaI Commonwealth
Commonwealth Land litle lnsurance Company is a menber ol the LandAmeica fanily of title insurance undeNviters.
Commonwealth Land Title lnsurance Company, a Pennsylvania corporation, herein called the Company, for a valuable
consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the
proposed lnsured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or
referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and
B and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed lnsured and the anount of the policy or policies
committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment
or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations
hereunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies committed for shall
be issued, whichever firsl occurs, provided that the failure to issue such policy or policies is not the fault of the company.
lN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSUBANCE COMPANY has caus'ld its corporate name and seal
to be hereunto affixed by its duly authorized officers, the Commitment to become valid when countersigned by an authorized
offlcer or agent of the Company.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
arc* 7/ fr^l-,,x'P-.-.***a aW
U President
Secretary
Conditions and Stipulations
'l . The term mortgage, when used herein, shall include deed of trust, trust deed, or other secur ty instrument.
2. lf the proposed lnsured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter
affecting lhe estate or interest or mortgage thereon covered by this Commitment other thrrn those shown in Schedule B
hereof, and shall fail to disclose such knowledge to the Company in writing, the Company slrall be relieved from liability for
any loss or damage resulling from any act of reliance hereon to the extent the Companl, is prejudiced by failure to so
disclose such knowledge. lf the proposed lnsured shall disclose such knowledge to the Company, or if the Company
otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company
at ils option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company
from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed lnsured and such parties included
under the definition of lnsured in the form of pollcy or policies committed for and only for irctual loss incurred in reliance
hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in
Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitmenl. ln no event
shall such liability exceed the amount stated in Schedule A for the policy or policies conrmitted for and such liability is
sublect to the insuring provisions, the Conditions and Stipulations, and the Exclusions from Coverage of the form of policy
or policies committed for in favor of the proposed lnsured which are hereby incorporated by reference and are made a part
of this Commitment except as expressly modified herein.
4. Any action or actions or rights of action that the proposed lnsured may have or may bring a1;ainst lhe Company arising out
of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be
based on and are subject to the provisions of this Commitment.
PA3
ALTA Commitment- 1966
Cover Page
Form 1004-8 ORIGINAL
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To Whom this maY concern
We, Harry L and Rhonda K Nuagle give our consent for Douglas A
and Beverly A Teter to apply for and obtain a water well permit on
Parcel #Zcontaining 35 acres of our property' This permit is contingent
upon our selling ofParcel #2 to the Teters'
Thank You,
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TltlS DEED, r,r:ar orr 7th aov u Jul/ | Srd'o Ooc' Fo€
re 93.bcr*cr AWIL PoINTS PROPERTIES, LTD.' | ''S'ta Colorado llmlEed larcnerehlP Iil* If*l,il,l l"fql,l,ll
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ITARRY L. NAUCLE AND RHONDA K. NAUCLE
85 Jolnt tenanE8
wboe krrl rl&c$ ir P. O. Box 551 SllE ' CO 81652
o(uE Cwayof Carf leld r'xl strro'colqr'o t'rnc':o( tlp LNaY er uqr t lG's
WITNEssL'Tll, Th.l llE ldq f{ rrrl iD c@id<rdix of tlE Em o'
---iiicy Thousani and no/100-- Do{r'ARs'
uE GciF ud sfrrci.fiy o, whirt L h.(cby xlrtLdE(d, h.r ttlnLil. b{rtJ(Nd. sld.il, cs\9rd. rnJ by tb'E pcanB d(r' t"d' br3rin' ull'
mw), rr*l sn6m, udo {hc trxilc.. hir hrlr urd uigB fcvci rll alE Gd p^{Erty lol.auEl r'ilh irnP.stlBdl, if uy. rxlrE, lri^t srd bclnt io uE
CMtrol Garfteld uxl$rkofcolr'dod'arib'rl 8tulhyr:
}VARRANTY DEND
SEE EXHIBIT .IA'' ATTAC}IED HERETO
AND TOru{ING A PART IIEREOF
reeerves all O1I, Gas and Hlneral ttlghts ovned by Grantor and
subJecc ProPerEY.
GMNTOR herebY
aPPurceoanL to
r tnwtr by glcl lrd nmbcr s:
TOGETIIEn wl|l oll ..xl liotulrr lhc hdrcdiurur[ ro.l rplurcr:nscr tlxElo t<looJini, o, rn aoytiE .P9crlrinroi. r'ld ltE E\'tffi rT J
|srr[n. ernuinr]cr tnc Enurdrr, rctrtr. trwr xxl [n{ilr rlErs'i. ,nJ rll rh{ attrr. ri*hl. lnlc, lilsN{' chin rnJ Jc@rd fh/Ihllcr o{ ux
tmtq. .ills u bw d tquly. 9I, in .nl lo ll* $<r bugricd prcril$ sr(h t,'
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Uul rPP{etw'l'
TO llavD AND rO tIOLD hc rrid prcuri*l .bllE brt.idd rul olslib.'I. $ilh thd lPg!ruNrli, udo 0E lr.nEc. hir hcitr .rxl s$lor
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srit[, urta da uGotth. celin! uI|d.titry 0f tE* Frilr. lr ir *!ll*itcd ol lha PGmi*t rl\t!(qrtlFl. hs,ull. uE. FrtNl' 'bsl*
&din&Jcsib,klrtrt.oliol8rire..itrhw,inl'.riimpL,.ndh.!ruxfrilhl.lullPqltudlNilllufNilylotrut brlrlr,Ellurdsrrytlxrs
i[ |@, iud (mn u tlNegid, aod th{ tha tW 4 (re ad tkv ,I{r iill lootB rnd ilh.I trJili. b{t.ltrr. !d.1. li.or. lsci. a6{td'.
.ftstr$(w.r rx, r..rrlfliont of phewr lldl rtr D(uE uEI. .rBPl genef al laXeS aUd f SagSaEenCB f Of the
year 1993 and aubaoquenc y6ars' U. S. Pat.oot reeervarloot, eoseuenga, r18,hrE of
tray, restrlctlone and leaaea of record
Tb.tr.dq.h.llud*illWARRANTANOFOREVERDEFENT)$<rk GistliBdpcmisis(h.qui.l.rxlP.*.rblcpor*siuoftlrcgm.
hir hc!6 ud $dtd, tjriut rll rnd ntry pro u gcrur bwfully clilmio! rhc *hok ilro! pgt t|Ero(. Thr tiatuE Mb(, lliJll inclu& ft' Plu"L
$! plool rlE rinc,uts, ud ttE ux ol rny lcoLr rhlll bc .P0licaHr lo .ll tcndclt.
fN WITNESS lYHtl(EO!'.08 lrrnlo, h$ tr.curcd thir ded qr thr'rlrr ur fxh rbort
Scofc Investcor s General Partnershlp ,'
Russell ScogE, Jr. - General ParEnar
steru os dolftld6rl Texae
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TIE ,octqot isrtrnl v. r'llel.dfcd b.loE ft thi.
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:Scotl InveEtco.uy ANViL POINTS PRoPERTIES, LTD., a Colorado LlDl'led PBrtnershlP by
ANVIL POINTS PROPERIIES, LTD.,
No. 9llA. lLt 7-&. waltanY tll:r! lt? trd<r.P& ldr
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EXHIBIT A
PARCEL ll2
A pareet of bnd. cortto.ined utithin the .Sf l/4 oI the Nl( l/4, tlve NE.-
l/4 ol the s/ l/4, fhe sf l/4 of tho SY t/4 and, Lot 2 o/ Scotr.on 25in Towr.ship 6 South" Ronge 95 Hest of the 6th P.,V. in Garfietd,
County, Colorado fnare particttlorly described os /ollouta;
Beginning at the NE conleT wher.ce ttue NE corrter o/ sar,d SE l,/4 o/
the NY I /4 beo;rs N00'03'39' V 1208.82 feet; thence N89't.t'3{ E
380.35 /eet to the sotathu,,esterty trne of the Nau.gle Ezetttph,ott"
Po.reel thcnce S4U I6'42'E I45.0I /eet a.long said soLLthtttctterLy
tlne to the northutesterly Rr/Y Ltne o/ Interstote 70; thence
54947'30^n 17t6.35 /eet o.nd SSAt6'tdY 559.26 /aet obttg
said northueaterly line to the wester[y Line o/ said. SE l/4 of the
Sf I /l; thence N0t40'l { Y 173.1 I feet alottg said ea-tterly Lineto the ST corner o/ said NE l,/4 o/ the Sf l,/.1; thence N00'40'l/'Y
1326.39 /eet to the ,YT corrler of said NE //4 o! tlve Sf l,/4, then"ce
N0a03'3{ r I I t.05 leet: thence N89.11'35'g t 288.0t leet tothe po:"tt,t of 6egirunitt,g, con"tainittg 35.00 ocres, rraore or Less.
tccr.s.s EASEMENT r0R PARCEL #2
At:. d.ccess eo-sen1znt, bering 3O feet wide, Locoted northutesterly
of ond pora.lbl to the northutesterly Rr/W Line o/ Intetstate 70 ;;r'L
the SY l/4 of the NE l//4 of -SecftoTt 25 in Totarvship 6 SoudA Ronge95 Vest of C/l"e 6t|:' P.M. itl- CorfleLd Cotr,nfu, Colarodo, trtore
pdrtic'u,larly d.eseribed as follout:
Beginning or:u ilv nnrth,erty R/V Line o/ [ntersto,te 70, uthertce the NE
corrLer of said St t/a of ilv NE l/4 becre N2450'49'E 518.9?;
themce olotW the eo-setnertl cettterlirtc ttw /ollouting cou,rsea;
s6o02'31 7 t 8.23 feel, S0r3 t',Od E t oo.3 t feet,
SZ? l3'30" 7 105.91 leet, SSf 29'oo'7 s06.4t feet,and 54847'30^7 316.63 feet to tlv southu.,,esterly L:,rte of the
Naugle Erernptiott, PsrceL uthertce the NF cor'rler o/ sotd, Slf l/4 of the
NE t/4 bec,rs Nlg37'l{V 1386.82 feet.
This legrl descrlption was prepered by:
Jerry Brucr, PLS #9009
1854 County Road 293
Riflc, Colorrdo t1650
tad aala 929 @L6 tOL L@6V 929 EAI r 5E:EA 85, Ze d&
THISFoRMHASIMPORTANTLEGALCONSEQUENCESANDTHEPARTIESSHOULDCoNSULT
LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING
AGREEMENT TO AMEND/EXTEND CONTRACT
RE: Vacant Land contract to Buy and Sell Real Estate between DOUGLAS A' TETER and
BEVERLY A TETER, (Buyer) and HARRY L. NAUGLE and RHONDA K. NAUGLE' (Seller)',
relating to the sale and purchase of the following described real estate in the County of Garfield,
Colorado:
See Exhibit A attached hereto
Buyer and Seller hereby agree to amend the aforesaid contract as follows:
1. The dates set forth in said contract shall be changed as follows:
All other terms and conditions of said contract shall remain the same'
Date Decembe.
-,2003
Date December
-,2003
Buyer's Address:4949 County Road 309, Parachute, colorado 81635
rt/zr,zr"-:/i(l
Harry L. NauEle, Seller
Date December ! ,2003 Date December 7 ,2003
January 15,2004Closing Datefll l, l5
January 1,2004Zoning Contingency Obj ection Deadl ine
January I 5, 2004Possession Date & Time
Douglas A. Teter, BuYer Beverly A. f,eter, BuYer
K. Naugle, Seller
Seller's Address: P. O Box 829' 16605 Highway 6, Rifle' Colorado 81650
#ffi.o ' -*l
File No. 0310001
EXHIBIT "A"
A parcel of land, contained within the SE1/4 of the NW1/4, the NE1/4 of the SW1/4, the SE1/4 of the SW1/4
and Lot 2 of Section 25 in Township 6 South, Range 95 West of the 6th P.M. in Garfield County, Colorado, I
more particularly described as follows:
I
Beginning at the Northeast Corner whence the Northeast Corner of said SE1/4 of the NW1/4 bears North I
00"03'38" West 1208.82 feet; thence North 89"44'35" East 380.35 feet to the Southwesterly line of the Naugle I
Exemption Parcel; thence South 40"16'42 East 145.01 feet along said Southwesterly line to the Northwesterly I
right of way line of lnterstate 70; thence South 48'47'30" West 1716.35 feet and South 50"16'10" West 589.26 I
feet along said Northwesterly line to the Westerly line of said SE1/4 of the SW1/4; thence North 00'40'13' I
West 173.18 feet along said Westerly line to the Southwest Corner of said NE1/4 of the SW1/4; thence North I
OO'40'17" West 1326.39 feet to the Northwest Corner of said NE1/4 of the SW1/4; thence North 00'03'38' I
West 1 1 1 .05 feet; thence North 89"44'35" East 1288.01 feet to the POINT OF BEGINNING.
I
TOGETHER WITH an access easement, being 30 feet wide, located Northwesterly of and parallel to the I
Northwesterly right of way line of lnterstate 70 in the SW1/4 of the NE1/4 of Section 25 in Township 6 South, I
Range 95 West of the 6th P.M. in Garfield County, Colorado, more particularly described as follows:
I
Beginning on the Northerly right of way line of lnterstate 70, whence the Northeast Corner of said SW1/4 of I
the NE1/4 bears North 24"50'48" East 548.97 feet; thence along the easement centerline the following
Icourses:
South 60'02'34" West 16.23 feet; I
South 07'31'00" East 100.31 feet; I
South 22"13'30" West 105.91 feet; I
South 37"29'00" West 506.41 feet; I
South 22"13'30" West 105.91 feet; I
#tgiJ,f;;qX;Uffif:3fii.* reet to the southwesterty tine or the Nausle Exemption parcet, whence the I
Northwest Corner of said SW1/4 of the NE1/4 bears North 19"37'14" West 1386.82 feet.
I
THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES
SHOULDCoNSULTLEGALANDTAxoROTHERCOUNSELBEFoRESIGNING
VACANT LAND
CONTRACTToBUYANDSELLREALESTATE
IPARTIESANDPRoPERTY'DoUGLASA'TETERandBEVERLYA.TETER,Buyer.as.loiItt
reltants. agree to Uuy, una tn. una"rsigned Seller agrees to sell, on-the terms and conditions set forth irl this
c()rrracr. the following described reaiestate in the County of Garfield' Colorado' to wit:
See Exhibit A attached hereto and incorporated herein by this reference,
togetlrer with all interest of Seller in vacated streets and alleys adjacent thereto' all easements and other
a,,r'te.ances thereto, all improvernents thereon and all attached fixtures thereon. except as herein excluded
(col lectiv'ely the ProPertY)
] DATES AND DEADLTNES.
I lNCll,usIoNS/EXCLUSIONS. The purchase price includes vacant land in "as is" corrditiort L)tl l\ \ n\
g,,.*ulu .t;ps belong to the property owlrer at the time of harvest'
a Minerals. NONE.
b Water Rights. NONE
'I'he purcltase price shall be S165,000'00. pavable in U S
g i',1'
WL{
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/rt. - /l/
Itrrtr \tl Referen ce Event Date / Deadline
I
t, 5 I-oan Application Dcadline October 8. 2003
15 Loan Contntitntent Deadline Octobcr 30, 2003
Octtrber 17. 200i
x7 Iitle I)eadline
l rl'7 [)ocunretrt Request Deadline Octobcr 22. 2001
(7.ll l'itle Obiection Deadlinc October 21. 1003
(:8 ()tl'-l{ecord Matters Deadline October l'l ,2OtJJ
{8 Oll'-l{ecord Matters Oblection Deadline C)ctotrcr 21. 2003
I !ill.l5 tilosing Date ''l//'
,
-Li.rucu:bc+-U. 2001 L," .
! 2lb /-oninq Contingencr Ob.iection DearJline !
.:-,r ,
Ocrohcri0. 200.1 .L, , i
-Itovclrber-lrl 2001 l,).', ' '. t'y'|
ii)!1.l6 Posscssron Date &'fimc /\i'/
[-r <127 Acceptan,:e Deadlinc Date & Tilne Septcmbcr 10. 2001 i'li.' 5 P nt
llLrver ils fbllows
D'I'
/<--'\ lA,) - fr-
i
a. Earnest Money.
$5,000.00 in the form of a personal check, as earnest money deposit and part payment of the
purchase price, payable upon acceptance of this contract to and held by Commonwealth Title of Rifle.
Colorado, (Holder) in its trust account on behalf of both Seller and Buyer. Holder is authorized to deliver
the earnest money deposit to the closing agent, if any, at or before closing.
The balance of $160,000.00 shall be paid as follows:
b. New Loan.
$l6Q,000.00byBuyerobtaininganewloan. Theloanshallbeconventionalandwillbesecuredhrr
a llrst deed oftrust.
J FINANCING CONDITIONS AND OBLIGATIONS.
a. Loan Application. If BLryer is to pay all or parl olthe purchase price as ser forth in Sccriorr -l
lrr obtairring a tlew loatt or il an existing loan is not to be releasecl at closing, Br.ryer. il reqLrirecl by srrch
lertder.shallrnakewrittenapplicationbytheLoanApplicationDeadline. BuyershallcooperatewithSeller
and lender to obtain loan approval, diligently and timely pursue same in good faith, execute all docurnenrs
and fLrrnish all inforrnation and documents required by the lender and subject to Section 4, tirnely pay rhe
costsofobtainingsuchloanorlenderconsent. Buyeragreestosatisrythereasonablerequirementsoflender.
and shall rrot withdraw the loan or assumption application, nor intentionally cause any charrge in
e itctttnstances which woLrld pre-lLrdice lender's approval of the Ioan application or firnding of the lttari
b. Loan Commitment. If Buyer is to pay allor parl of the Purchase Price by obtaining a nerry loan
as specified in section 4, this contract is conditional upon Buyer obtaining a written loan commitmenr
irrclLrding' if required by lender, (l) Iender verification of employrnent, (2) lender approval of BLryer's
credit-worthiness, (3) Iender verification that Buyer has sufficient funds to close, and (4) specificatio, o1'n,,,
remaitring requirements for firnding said loan. This condition shall be deemed waived unless Seller receives
liorn Buyer' no later than Loan Commitment Deaclline, written notice of Buyer's rnability to obtain such
loarr comrnitment. If Br-ryer so notifies Seller, this contract shall terminate. IF BUyER WAIVES'l-LllS('ONDITION BUT DOES NOT CLOSE, BUYER SHALL BE IN DEFAULT.
6 APPRAISAL PROVISION. 'fhis Section 6 shall not apply.
l. EVIDENCE OF TITLE. Seller shall furnish to Buyer, at Seller's expense, a current cornnrirrrenl firr.
owrler's title insurance policy in an amount equal to the purchase price on or before the Title Deadline
Item No.Referen ce Item Amount Amount
I !14 Purchase Price $r65,000 00 X
2 -iq 'la Earnest Money
-
s 5.000 00
,fl4b Nerv [.oan H $ r60.000.00
l TOTAL $ 165,000.00 $ r 6s,000.00
/-?.) ,,.y'4, c .{ xasc I "
Btryermayrequireof Sellerthatcopiesof instruments(orabstractsof instruments)listedinthescheduleot
c\ceptiorls (Exceptions) in the title insurance commitment also be furnished to Buyer at Seller's expensc.
l'his requirement shall perlain only to instruments shown of record in the office of ihe Clerk and Recorderof'Garfield County, Colorado. The instruments furnished pursuant to this Section 7, constitute the titledocuments (Title Documents). Buyer, or Buyer's designee, must request Seller, in writing, to furnish copiesor abstracts of instrumerrts listed in the sclredule of exceptions rro later the Document Request DeadlineSeller will pay the premir"rm for the title insurance at closing and have the title insurance policy delivered r.Buyer as soon as practicable after closing.
8 TITLE.
a Title Review. Buyer shall have the right to inspect the Title Documents. wrinen norice br13tr1'er of unmerchantability of title or of any other unsaiisfactory title conditio, ,r,o*n-uf in. i,i.Documentsshall besignedbyoronbehalfofBuyerandgiventoSelleronorbefore theTitleobjectionDeadline, or within five (5) calendar days after ,"""ipt by Buyer of any Title Document(s) orendorsement(s) adding new Exception(s) to the title commirment, together with a copy of the TitleDocumentaddingnewException(s)totitle. IfsellerdoesnotreceiveBuyer'snoticebythedate(s)specitieci
ittrove, Buyer accepts the condition of title as disclosed by the Title Documents as satisfactory.
b' Matters Not Shown by the Public Records. Seller shall deliver to Buyer, on or before the 01-Record Matters Deadline, true copies of all lease(s) and survey(s) in Seller's possession pertaiping to thcProperfy and shall disclose to Buyer all easements, liens or other title matters not shown by the pLrblicrecords of which Seller has actual knowledge. Buyer shall have the right to inspect the propert' rodetertnine if any third party(ies) has any right in the Property not shown by the public records (such as antrrtrecorded easement, unrecorded lease, or boundary line disciepancy). written notice of any unsatisf'actor-rco,dition(s) disclosed by Seller or revealed by such inspection ,t,utt u" signed by or on behalf of Buyer a,6given to Seller on or before the off-Record Matters objection Deadrine. If Seller does not receive BLryer.,snotice by said date, Buyer accepts title subject to such rights, if any, of third parties of'which Bryer. lr,sactual knowledge.
C. SPCCiAI TAXiNg DiStTiCtS. SPECIAL TAXING DISTRICTS MAY BE SUBJECT -IO
(;I.,NERAL OBLICATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROIVIANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS PROPERI-\'OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVITJS ANI)I.X('I]SSIVE I-AX BURDENS TO SUPPORT THE SERVICINC OF SUCH DEBI WHEI{I:(.IRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICTTO DISCHARGESL]I'H INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYER SHOUT-DINVESTIGATE THE DEBT FINANCING REQUIREMENTS OF THE AUTHORIZED GENERALOBLIGATION INDEBTEDNESS OF SUCH DISTRICTS, EXISTING MILL LEVIES OF SUCH DISTRIC']'SEI{VICING SUCH INDEBTEDNESS, AND THE POTENTIAL F'OR AN INCREASE IN SUCH MII-t.LEVIES
In the event the Property is located within a special taxing district and Buyer desires to terr,irraretltis contract as a result, if written notice is given to Selier on or before the off-Record Matters objectionDeadline' this contract shallthen terminate. If Sellerdoes rrot receive Buyer's notice by suchtate, BLryer.aeecpts the ef'fbct of'the Property's incrusion in such speciar taxing cr istrict(s) ancr *aiues the righr r. str
a->. t t/2' C.f 3L'
tenn iltate.
d. Right to Cure. If Seller receives notice of unmerchantability of title or any other unsatisfactorr
rrtle condition(s) as provided in subsection (a) or (b) above, Seller shall use reasonable effon to correct said
Lrnsarisf-actory title condition(s) prior to the date of closing. If Seller fails to correct said unsatisfactory title
conciition(s) on or before the date olclosing, this contract shall therr terrr.rinate; provided, however. But'ct
rrrar. by written notice received by Seller, on or before closing. waive objection to said Lrnsatisfactor\ litlc
corrd ition(s).
e. Title Advisory. The Title Documents affect the title, ownership and use of the Property and
shoLrld be reviewed carefully. Additionally, other matters not reflected in the Title Documents may affect
tlre title, ownership and use ofthe Property, includingwithout limitation boundary Iines and encroachments.
area. zoning, unrecorded easements and claims of easements, leases and other unrecorded agreements. attd
various laws and governmental regulations concerning land use, development and environmental matters
IHE SURFACE ESTATE MAY BE OWNED SEPARATELY FROM THE UNDERLYINC MINERAT
ES-|ATE. AND TRANSFER OF THE SUMACE ESTATE DOES NOT NECESSARILY INCI-I-IDI-.I-I{ANSITER OF THE MINERAL RIGHTS. THIRD PARTIES MAY HOLD INTERESTS IN OII.. CAS.
O I'[-]E,R MINERALS, GEOTHERMAL ENERGY OR WATER ON OR UNDER THE PROPER'I \ .
\\ HICH IN'|ERESTS MAY GIVE THEM RIGHTS TO ENTER AND USE THE PROPERTY, SUC'H
MATTERS MAY BE EXCLUDED FROM THE TITLE INSURANCE POLICY. Buyer is advised to timell
consult legal counsel with respect to all such matters as there are strict time limits provided in this contract
9 LEAD-BASED PAINT. N/A
I 0 PROPERTY DISCLOSURE AND INSPECTION. Buyer has inspected the Property and Inclusions.
ll,'hich are acceptable to Buyer without exception.
I I DATE OF CLOSING. The date of closing shall be the Closing Date or by mutual agreemenl al an
earlier date. The hour arrd place of closing shall be as designated by Seller.
ll TRANSFER OF TITLE. Subject to tender or payment at closing as required herein and compliancc
br Buver with the other terms and provisions hereof, Seller shall execute and deliver a good and sufficient
seneral warranty deed to Buyer on closing, conveying the Property free and clear of all taxes, except the
seneral taxes lor the year of closing. Except as provided herein, title shall be conveyed free and clear of irll
licns. inclLrding any govenrment liens for special improvements installed as of the date of Buyer's signatLrrc
lrcreon. r.vhether assessed or lrot. Title shall be conveyed subject to:
distribution utility easernents (including cable TV),
those rnafters reflected by the Title Documents accepted by BLryer in accordance with Subsect itrn
8(a) [Title Review],
c. those rights. if'any, of third parties in the Property not shown by the public records in
accordance with SLrbsection 8(b) [Matters Not Shown by the Public Records],
d. inclusion of the Property within any special taxing district,
e. subject to building and zoning regulations,
I. ditch / irrigation easements in place and in use.
{;n '"il Dt -}Y
]] PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before
closirrg from the proceeds of this transaction or from any other source.
l1 RVICES. Buyer and Seller shall pay, in Good Funds
rhcrrlespectiu. .loring.*t, und ull other items required to be paid at closing, except as otherwise provided
hercin. BLryer ancl SelIer shall sign and complete all customary or required documents at or before closing
Fees fbr real esrate closing services shall be paid at closing by one-half by Buyer and one-half by Seller. Arrr
sales and use tax that may accrue because of this transaction shall be paid when due by Buyer.
t5 PRORATIONS. The following shall be prorated to the Closing Date except as otherwise provided:
a. Taxes. Personalpropertytaxes,ifany,andgeneralrealestatetaxesfortheyearofclosing,based
()n taxes for the calendar year immediately preceding closing'
b. Rents. N/A
c. Final Settlement. Unless otherwise agreed in writing, these prorations shall be flnal.
I 6 POSSESSION. Possession of the Property shall be delivered to Buyeron the Possession Date, sub.lect
to the fbllowing lease(s) or tenancy(s): NONE.
lt NOT ASSIGNABLE. This contract shall not be assignable by Buyer without Seller's prior written
consent. Except as so restricted, this contract shall inure to the benefit of and be binding upon the heirs.
personal representatives, successors and assigns ofthe parties'
Iu CONDITION OF AND DAMAGE TO PROPERTY AND INCLUSIONS. Except as otherrvisc
prtr'ided in this contract, the property and Inclusions shall be delivered in the condition existing as of tltc
tlarc ol'this contract, ordinary wear and tearexcepted. In the event the Property shall be damaged b1'fire
.r. ot5er casualty prior to time of closing, in an amount of not nrore tllarr ten percent (10%) of the total
pur.chase price, Seller shall be obligated to repair the same before the date of closing. ln the event such
dantage is not repaired within said time or if the damages exceed such sum, this contract rnay be termirlated
ar tlre*option of Buyer. Should Buyer elect to carry out this contract despite such damage. BLryer shall be
enrirled to credit for allthe insurance proceeds resulting from such damage to the Property and Inclusions.
pgr exceeding, however, the total purchase price. Should any Inclusion(s) or service(s)fail or be damaged
berrveenthedateofthiscontractandthedateofclosingorthedateofpossession,whichevershallbeearlier.
then Seller shall be liable for the repair or replacement of such Inclusion(s) or service(s) with a unit of sirn ilar
size. age and qLrality, or an equivalent credit, less any insurance proceeds received by Buyer covering such
lcpa i r rrr replacenreltt.
l9 RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document, Buyer ancl
Seller acknowledge that they have been advised that this document has important legal and tax consequences
apcl that the examination of title and consultation with legal and tax or other counsel is advisable befb|c
s iqrr i rrg this cotttract.
l0 TIME OF ESSENCE/RBMEDIES. Tirne is of the essence hereof. If any note or clreck receiveci as
car.est money lreregnder o, uny other paymerrt due hereunder is not paid, honored or tendered when due. tlr
,/- t ,,* f: f ,tL' "
it'arr,v- otlrer obligation hereunder is not performed or waived as herein provided, there shall be the follorr irtg
rer.ned ies:
a. IF BUyER lS IN DEFAULT: All payments and things of value received hereunder shall be
tbrf-eited by Buyer and retained on behalf of Seller and both parties shall thereafter be released fi'orn all
sbligatiorrs Sereurrder. It is agreed that such payments and thirrgs of valr"re are LIQUIDATED DAMA(iL:S
lpclfexcept as provided in SLrbsection (c)) are SELLER'S SOLE AND ONLY REMEDY lor Buyer's tailLrre
ro perfbrrl the obligatiops of this contract. Seller expressly waives the remedies of specific perfbrnlatlce itrttl
additional damages.
b. tF SELLER IS IN DEFAULT: Buyer may elect to treat this contract as canceled, in which case,
Buyer may recover such damages as may be proper, or Buyer may elect to treat this contract as being in tirll
tbrce and effect and BLryer shall have the right to specific performance or damages, or both.
c. COSTS AND EXPENSES. Anything to the contrary hereunder notwithstanding, in the evertt
of'any arbitration or litigation arising out of this contract, the arbitrator or court shall award to the prevailirlg
party'all reasonable costs and expenses, including attorney fees.
I l. EARNEST MONEY DISPUTE. Notwithstanding any termination of this contract, Buyer and Seller
ogr". thuq in the event of any controversy regarding the earnest money and things of value held b1'
Ctommonwealth Title of Rifle, Colorado, (Holder) unless mutualwriften instructions are received b1'the
holder of the earnest money and things of value, Holder shall not be required to take any action but mar
await any proceeding. or at Holder's option and sole discretiorr, may interplead all parties arrd deposit artr
rrrgrries or things of valr,re into a court of conrpetent jurisdiction and shall recover coLltl costs Lllrii
reasonab le attorney f-ees.
22. TERMINATION. In the event this contract is terniinated, all payments and things of value received
herer,rnder shall be retLrrned and the parties shall be relieved of all obligations hereunder, sub.iecl to
Scctiorrs 20 and 2l .
]J ADDITIONALPROVISIONS:
a. AII costs associated with improving/constructing any roads over/across the Properry which is the
subject of this contract shall be Buyer's sole resportsibility without contribution from Seller
However, Buyer and Seller agree to share the costs of improving/constructing, (surveyirlg.
excavating arrd graveling), the access road to the Properry which is to be constructed withirr the
"Access Easernent lor Parcel2" described on Exhibit A altached hereto, Seller willonly contribLrte
to the costs associated with improving that portion of the access road until it reaches the boundarr
of the Property which is the subject of this contract. Seller agrees to contribr:te % of said costs ,{ll
othercostswill bepaidbyBuyer. Buyershall besolelyresponsiblefbrallcostsofmaintainirrgtlrc
access road. These provisions shall survive closing.
h. 1'he obligations of Buyers hereunder are expressly contingent upon confirmation to Bu1's15'
satisfaction of approval of Buyers' anticipated uses of the Property under Garfield County zonitlg
regulatio6s. If tlte above contingency is not met to Buyers' satisfaction Buyers may, at their option.
terntinate this coptract by giving Seller writterr notice on or before October 30, 2003, atrd theretrporr
this contract shallterrninate and be of no further force or effect with neither party havirrg any tirrlhcr'
G> .4/:/ f'{ AE""
rights or liabilities hereunder, but Seller shall fonhwith return to Buyer any payments theretotbre
rnade by Buyer pursuant to this contract. If Seller does not receive Buyer's written notice by such
date, Buyer accepts the Property subject to all zoning and building regulations and all other
applicablelawsandwaivestherighttosoterminate. IFBUYERWAIVESTHISCONDITIONULTI'
DOES NOT CLOSE, BUYER SHALL BE IN DEFAULT.
)4. ENTIRE AGREEMENT: SUBSEOUENT MODIFICATION: SURVIVAL. This contrurct
cr.rnstitutes the entire contract between the parties relating to the subject hereof, and any prior agree-
nrents pertaining thereto, whether oral or written, have been merged and integrated into this contract No
subsequent modification shall be valid, binding upon the parties or enforceable unless made in writing and
sigrred by the parlies. Any obligation in this contract which, by its terms is intended to be perfornred after
terrnination or closing shall survive the same.
l5 FACSIMILE F-or purposes of this contract, facsimile signatures shall be deemed as original
s r gnatu res.
)6. NOTICE. Arty notice to Buyer shall be effective when received by Buyer. Any notice to Seller shall
be effective when received by Seller.
71. NOTICE OF ACCEPTANCE OF COUNTERPARTS. This proposal shall expire unless aeccptcd
in writing, by Buyer and Seller, as evidenced by their signatures below, and the offering parfy receives norie c
ot'such acceptance on or before the Acceptance Deadline. If accepted, this document shall beconre a
contract between Seller and Buyer. A copy of this document may be executed by each parfy, separateiv. ancl
r.vlten each party has executed a copy thereof, such copies taken together shall be deemed to be a firll and
conrplete contract between the parties. . .
Date Septen^,a", ,! cl ,2003 Date SeptemA", 2Q . 2003
Brr.v'er's Address 4949 County Road 309, Parachute, Colorado 81635
September ,'/
Seller's Address: P. O
2003 Date Septernber .,- / ,2003
Box 829, 16605 Highway 6, Rifle, Colorado 81650
' :-.r'.,
Beverly A.
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EXHIBIT A
PARCEL #2
A parcel of Land- contained. utithin the.sr' /,/4 of th? N\ l,/4, the NE
i/t "f ilL; Syr /,/4,the.Sr t/4 of ttt"e.Sr t/4 and Lot 2 of Sechon 25
i; Toturwttip 6 So'u.tfu Rartge 95 Yest of the 6tll P.td. in" GarfieLd
Cou:rtty, Cotorad.o rnare partictt"tarLy descrtbed o.s -follott-ts;
Beginning at the NE corTLer talvence the NE coTTLe'r o/ said SI' //4 of
Tii ttyr i/o bears NOo'03'38' 7r / 2oB.B2 feet; ther.ce NBg'44'3i E
380.35 /eet to th.e sou.thtaesterty Line o/ the Nau.gle Ezernphort
parcel thence s4u t 6'42'E t 45.01 f eet along said sollthtaesterLy
Wve to pte norttvtaesterly n/lf Line o/ Interstate 70; then'ce
ilglz,SO'y tZt6.35 /eit and. S5O/6'tdY 589.26 feet atortg
said. rlortlnaesterLy Uie to the utesterly ti:ne o/ said SE l,/4 of the
ii r /4; thence iOOIO'l g Y t 73.1 I /eet alon"g said easterly Lin'e
to the sY cor-ner oJ said. NE /,/4 o/ the sY i/4; thertc-e-N00'40'17'Y
1326.39 /eet to the Nqf co'.r-rLe'r'of saLd, NE _.1/4 of_ !h_e s-Y //a; fften'ce
N0C0S,Sif r t I 1.05 feet; tlvence N8941'35'E t 28B-01 /eet to
the point of begirtrtirtg, contaitvLrvg 35.00 cLcTes, TrLore oT less-
,{ccIs.s EASEMENT F)R PARCEL #2
Art access easer7ertt, being 30 feet tttide, Located notthutesterLy
i7 ona po,ralLel to ttte nortfutisterly R/Y Line ol Interstate 70 irt'
i:h" Sy't/4 o/ the NE /,/4 of Secti"ort 25 izt Tounship 6 Sorzih" Ran'ge
iS llest Z1 tn" 6ttl P.N. in Gorfield Cou:nty, CoLorado, rrrare
parti"cu,tarLy descrtbed as /ollotrts:
Beginning orl the rwr.therty R/Y Line. o/ Interstate 70, utlLen'ce the NE
ioln", oj sai.d. SY /,/4 of -the NE //4 bears N2450'49'E 518'97;
thence atorrg the ed:teTrleTlt centerline the follouing co1.LT3es;
s6co2'3{ Y' t 6.23 leet, soTS I '0d E / 00.3 I /eet,
izz t 3'30" Y / 05.9 / feet, s3729'OO" lr 506'41 /eeL-"*d ingdZ'ST'Y 3tb.6S Teet to the sou,thutesterly line of the
Nau"gle Erernption, Po,rcel. utltertce the NY corner of so;td sY l,/4 of th'e
NE i/a beori N/937'/{Y /386-82 feet-
This legal description was prepared by:
Jerry Bauer, PLS #9009
1854 CountY Road 293
Rifle, Colorado 81650
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DOUG TETER 5ON5 37@ E?5 @7A@
Untitled
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SFECIAJ, USE PERM]T
DOUGLAS A TETET ANd BEVERLY A TETER
Ihe name of our company is Doug Teter and son.s ollfiel-d const fnc
We service gas and oi1 comPanies.
At the present we have 6-80 bbl bobtail water/vac trucks, Hhich
is used for transporting and transferring waste water- This \"rater
is hauled from site to site or to a designated disposal pit'
iie never store water or any waste at our yards.
lie have 2 t.anden gravel trucks, winch trucks, backhoes and trenchers
to service the oil and gas companies.
We have one ton rousta"bout trucks equipped with tools and supplies
hle do the completion work on the I{eLI after the hrelf has been drilled
We set the eqliprnent meaning dehydrators. seperators, and tanks/
as needed. no al] of the connection work- Dig out, lay pipe for
f.Iowlines and sales -l-ines. Backfill and grade the locations-
When t-his is done. the roel-l is ready to be produced'
We rnaintain., repair, and service the wells'
we operate on a tlrenty-forrr hour 7 day week for Encana oil and Gas
and ilonday thru Er-iday for Calpine Natural Gas- Both companies
are .Iocated south of Rifle and Si1t, Co'
At the present }re employ between and 15 and 17 employees' TheV drive
thier plrsonal vehicles, park, pick up designated equj:pmeot'
conplete daily assinment,return t-o yards at end of shift' There
w-tl1 be ample parking for trucks and equipment. and employ parking
South and glest of designated shop area-
The shop will be used to sLore tools, supplies and to st'ore
eguipme-nt to be repaired or in the process of being repaired'
When the shop is compl.eted and yards are graded and -leveled'we plan on h-aving be?ms of dirt and natural foraqie for landscapinq,
fihen our waterwell is drilled and co{rpleted, there will be p'lanLing of
trees and shrubs '
The contract to purchase this property is contingent
upon if a Special Use Permit is approved'
Thank Yotr,
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WARRANTY DEI1D
TlltS DEED, t,trac oir 7 rh dayot JuIY
te 93.bctxco ANVIL POINTS PROPERTIES, LTD.'
a Colorado Ilmlt.ed Partnerehlp
$l* lf'/"1*/,1 ffFl't'l'l
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HARRY L. NAUCLE AND
as Jolnt cenanEa
*bo* lajrl d&rl ir P. 0. Box
o(rl* Cwnyof Garfleld
\YITNLSSL-TII. Thrl (lE lruq f{ rod ia.Ni&illir oI ltE um o,
---Flfty Thousand aod no/100--
rlr Bipa ud sflkiatryorwhit ir tE(cby xlflekd$J. hs tonurl. brr3rrrrJ. old rilJ conlqcd. rnJ by li.E p.rEnB d*r tr.il, bu3ru. ull.
muc,'udor[rm,udotlEtr8c..hith.irruduitskrttcirlltlErGrlp^,t--ilyroB(UE $himp.6.Gdr.rfuy.rluu,lyinjsllb.rntioiha
cMry oI Garf leld .rJ &rc of Coltrido d.xnb.r, LolkPr:
SEE EXHIBIT .IA'' ATTAC}IED }TERETO
AND }'ORMING A PART IIEREOF
GRANTOR hereby reserves sll 01I, Gas and Hlneral lllghte ovned by Granror and
appurceoant Eo subject property.
r koryn by 506t rd olmbcr s:
TOCEfllEn wllt cll srl iotulrr fic h((.diuEM rn'l opl{.kutrctr rlrElu tr}oorinl, o, rr ur?iB .p?crtrinrDl. .nd rh. E!.tM rd
letrr(nr. ErnriDJr,.nd aDenic.L. rcorr. ar*r a.rJ rh{i(t tlE.qr[, :nJ rll rh. arEB, iltrt{. lill(. r*Ng, (lJif, ailJ Jcoprd $Ltr$., of d!
8mlq. .irlE 6 lry d cquty, o( io rnl ro tl* rb.x bs!.re!, Fcrd$. c'irh lha iEcduoEtrrt rfil rpp{efficr.
TO llAVf AND TO IIOLD tlt rril prxr&r rbr)E br!.idJ rilJ d{$rab.d. silh thd rpgoruEBci, u^to 0. trrnk.. hir hcin ul sujor
,wsr. And tta trsq. f(hioel( hslEr,i. rrdJE.srt ftprcrntdrwr. &xr c6tEd. r.rnt, h{fsi. aili tjrcc to aAl *ilhltE g,un&, h[hai6 lrl
[rit{.$auli.uGo[lh.Glrglutrdld.tiwryofltE*FEflr.lrirscllsi.cdolrhcpGhlstrt\'.(urrr)<J.hsturl.eE,Fdst,$s'l*
Dd in&rcsibb Grkl. of io&rit$., i0 hw, in llc rrmgk. rml hu jqrl rithr. lullp$r, uxl h$icl.crtrviry rorrur. b..irn. Ell.rxj srv 0B m
in trre. urt fmn r Jcrcqid. tod ahil tlr re u fr* url tkv lror dl lomK ud dh.r toili. bl3riu. rekr. li.!r. ta.r. a6uEd.,
cu!$rE.. Bl DiukriNt or ehle, Ii,rll r{ duE w,, .rqp( Eenef al Eaxes aod f saesgEenf g f of theyear 1993 and subsoquen! yaara, u. s. Pacont reoervar,ioo., eaaesrnts, rlg,hrE of!,ay, restrlctlons and Ieaeee of record
Tb. 8.rdq ih.ll sil will WARRANT ANO FOREVEI, DEFeNt) t]E rlo.-bslrincd pcmrkr u ti< qctt d pcrc.blc possiuo[tt* gnm.
hir hc[.nd Nito. .ttid rll ud6r.y p..uw gcrur hwfully clilmioi lhc whoL q!.] pa llEEof. Th. rintub Bs$(r ihJll inclql. rtt plunl.
6. plural 3lE rin8uls. ud lh. us ol rny 6colcr rlrrll trc rJplicablc to dl t.n&rt.
tN WITNESS IYHE|EO!'. .hc trrard hrl sr.c&d rhir J6d dr d!. {Jr. et fdh rbolr.
ANVIL POINTS PROPERTIES, LTD.,
a Col oradoJlml red Pa-rn.reht n
2'',=' ,4,!-' '{'.f6tt -Scof,t Invescco, a Ceneral Parcnershlp
Ruesell Scolt, Jr. -
DO{l.A8S.
General Partnar ,
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by Scorc Inv€6!co.
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RHONDA K. NAUGLE ,
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uy ANVIL POINTS PROPERTIES, LTD., a Colorado Llntced psrtnarshlp
a General Partnershlp, RusgelI Scott, JE. - Ceneral partn6r
cwnryot /lar ,-;3, l"
TIE for8oo! atunrnl yr llrwl.dFd b(a- * *,, t, il
No. tllA. ltru ?-!1. wAtx^xly Dr:r, tl? +acir.pu ldl
fr lnor 868'':,:,145.. 84.P{ioc No.
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To Whom this maY concern
We, Harry L and Rhonda K Nuagle give our consent for Douglas A
and Beverly A Teter to apply for and obtain a water well permit on
Parcel #2 containing 35 acres of our property. This permit is contingent
upon our selling ofParcel #2 to the Teters.
Thank You,
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January 14,2004
Douglas and Beverly Teter
4949 County Road 309
Parachute, CO 81635
RE: Special flse Permit request for Industrial Support Facilities which includes lYarehouse
Facilities / Staging Areas and Storage Areas in the Resource Lands (Gentle Slopes / Lower
Valley Floor) zone district
Dear Douglas and Beverly,
Thank you for the application you submitted to this office for the Special Use Permit (SUP) request. I
am wriiing this letteiio inform you that the Garfield County Building and Planning Department needs
additional information in order to process your SUP application. Your timeliness in providing this
information will expedite our ability to place your application on the public hearing agenda. Please
provide information that more specifically addresses each of the following items.
1. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all
existing and proposed structures on the property including buildings, landscaping, entrances,
p*ti"g areas, etc., and the County or State roadways within one (1) mile ofyour property. Ifyou
*" proporing a new or expanded access onto a County or State roadway, submit a driveway or
highway access permit.
#1. Site Plan Included
2. Submit a vicinity map showing slope / topography of your property, for which a U.S.G.S.
l:24,000 scale quadrangle map will suffice.
#2. Vicinity Map Included . ...
3. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all
mineral rights owners ofthe subject property and public and private landowners adjacent to your
property fwhich should be delineated). In additional, submit a list of all property owners and their
uaai.rrlr adjacent to or within 200 ft. of the site. This information can be obtained from the
Assessor's Office.
#3. Portion of Assessor's Map Included
Mineral right owners: Anvil Points Properties, LTD'
a Colorado Limited PartnershiP
Scott Investco, a General Partnership
Russell Scott jr. General Partner
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IG
4.
5.
Property Owners adjacent to or within 200ft of the site
Todd Peters
PO Box 2009
Rifle, Co 81650
Bureau of Land Management
PO Box 1009
Glenwood Springs, Co 81601
Colo. Department of Transportation
Attn: Joe Elsen
202 Centennial Drive
Glenwood SPrings, Co 81601
Ifyou are acting as an agent for the property owner, you must attach an acknowledgement from
the property owner that you may act in his/her behalf.
#4... Acknowledgement Included
Submit an statement that more specifically responds to each ofthe following criteria from Section
5.03 of the Zonng Regulations:
(l) Utilities adequate to provide water and sanitation service based on accepted
engineering standards and approved by the Board of County Commissioners shall eitherbe in
place or shall be constructed in conjunction with the proposed use.
water well Permit..#254154... Drilled by Shelton Drilling #1095
817 E Airport Rd
Rifle, Co 81650
970 625 4182
#5....Copy of Well Permit Included
Wash area./bathroorn, underground septic tank and leech field at a later date.
Porta -Potties will be set. Trash will be deposited in a dumpster and removed
Monthly by a sanitation service
(2) Street improvements adequate to accommodate traffic volume generated by the
propos"d use and to provide safe, convenient access to the use shall either be in place
or shall be constructed in conjunction with the proposed use;
Will build the road consisting of road base and gravel to the site
On existing 30 ft easement
Apportioned on SITE PLAN
(3) Design of the proposed use is organized to minimize impact on and from adjacent uses
of land through installation of screen fences or landscape materials on the periphery ofthe lot
and by location ofintensively utilized zreas, access points, lighting and signs in suchamanner
as to protect established neighborhood character;
When the shop is completed and yards are graded and leveled, we plan on
Having berms'of dirt dnd natural tbrage forlandscaping. Wheir wat'er well is
Drilledand completed, there will be pTanting of trees aid shrubs.
6. Because the use you propose is considered an "Industrial Support Facility" which includes
'ostorage" You are required to provide a response to all the standards included below:
Standards in Section 5.03.07 for Industrial Operations
Induslrial Operations: Industrial Operations, including extraction, processing, fabrication,
industriol suooort fscilities, minerol waste disposal, storage, sanitary landfill, salvageyard, access
routes and utility lines, sholl be permitled, provided:
(1) The applicantfor a permitfor industrial operations shall prepare and submit to the Planning
Director ten QQ copies of an impact stalement on the proposed use describing its location,
scope, design ond construction schedule, including an explanation of its operational
charscteristics. One (1) copy of the impoct statement shall be filed with lhe County
Commissioners by the Planning Director. The impact stotement shall address thefollowing:
(A) Existing lowful use of water through depletion or pollution of surface run-off, streamflow or
ground water; Septic and Leech Jield at a later date.
(B) Impacts on adjacent landfrom the generation of vapor, dust, smoke, noise, glare or vibration,
or other emanationsl
Minimum impact: starting of trucks and equipment
(C) Impacts on wildlife and domestic animals through the creation of hazardous attractions,
alteration of existing native vegetation, blockade of migration routes, use patterns or other
disruptions;
NONE
(D) Allirmatively show the impacts of truck and automobile traffic to andfrom such uses and their
impocts to areas in the CountY;
Private occess to property: General hours of operation are Monday thru Friday
7 AM to 6 PM, but we are on a 24 hour,7 day call basis. The equipment will be
Porked at night at the location. At the present , we have l5 employees, which
Drive their personal vehicles to the location, park ond pick up company vehicle
In which they will return at the end of the day or end of shift.
The only commercial delivery will be diesel fuel on a weekly bases.
Fuel tonks will be on stands with a lined retainer wall surrounding
Tanks. On occasions UPS and FEDX will have delivery. TrafJic will be minimum,
As this is a private occess to the site coming off 1-70 at the Rulison exit 81.
(E) That sufftcient distances shall separate such usefrom abutting propefi which might otherwise
be damaged by operations of the proposed use(s);
This property is rural agriculture land , abutting with more rural agriculture land
In which there is no other stractures. All surrounding land is vacant and in its
Naturalforage.
(F) Mitigation measures proposedfor all of theforegoing impacts identiJied andforthe standards
identified in Section 5.03.08 of this Resolution
(2) Permils may be gronted for those uses with provisions that provide odequate mitigationfor the
following:
(A) A planfor site rehabilitation must be approved by the County Commissioners before a permit
for conditional or special use will be issued;
(B) The County Commissionerc moy require security before a permitfor special or conditional use
is issued, if required. The applicant shall furnish evidence of a bank commitment of credit,
bond, certiJied check or other security deemed acceptable by the County Commissioners inthe
amount calculated by the County Commissioners to secure the execution of the site
rehabilitation plan in workmanlike manner and in accordance with the speciftcotions and
construction schedale established or approved by the County Commissioners. Such
commitments, bonds or check shall be payable to and held by the Coanty Commissioners;
(C) Impacts set forth in the impact statement and compliance with the standards contained in
Section 5.03.08 of this Resolution. (A. 93-061)
Section 5.03.08 Industrial Performance Standards
Industrial Performance Standards: All industrial operations in the County shall comply with
applicable County, State, and Federal regulations regulating woter, air and noise pollution and
shall not be conducted in a manner constituting a public nuisance or hazard. Operations shall be
conducted in such a manner as lo minimize heat, dust, smoke, vibration, glare and odor and all
other undesirable environmental effects beyond the boundaries of thepropefi inwhich such uses
are located, in occord with the following standards;
(1) Volume of sound generuted shall comply with the standards setforth in the Colorado Revked
Statutes at the time any new application is made. (A. 93-061)
Minimum Impoct
(2) Vibration generated: every use shall be so operated thot the ground vibration inherenlly and
recurrently generoted is not perceptible, without instrumenls, at any point of any boandary
line of the property on which the use is located;
Minimum Impact
(3) Emissions of smoke and particulate matter: every use shall be operated so as to comply with
all Federal, State and Coanly air quality laws, regalations ond standards;
Minimum Emissons
(4) Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not
emit heat, glare, radiotion or fumes which substantially inlerfere with the existing use of
adioining propefi or which constitutes o public nuisance or hazard. Flaring of gases,
aircraft warning signals, reflective painting of storage lanks, or other such operations which
may be required by law as safety or air pollation control meosures shall be exemptedfrom this
provision;
N/A
(5) Storage area, salvage yard, sanitary landJill and mineral woste disposol areas:(A97-112)
(A) Storoge of flammable or explosive solids or gases shall be in accordance with accepted
standards and laws and shall comply with the national, state and localftre codes and written
recommendations/comments from the appropriate local protection district regarding
compliance with the appropriate codes; (A9Z-112)
NO STORAGE
(B) At the discretion of the County Commissioners, all outdoor storagefacilities may be required to
be enclosed byfence, landscaping or wall adequote to conceal suchfacilitiesfrom adjacent
proper$; @97-112)
(C) No materials or wastes shall be deposited upon a properu in suchform or manner that they
may be transferred off the property by any rcasonably foreseeable natural couses or forcesl
(Ae7-112)
No storage of Materiols or lVaste
(D) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the
following standards : (A97- 1 I 2)
l. The minimum lot size is Jive (5) acres und is not a platted subdivision.
2. The equipment-s.torage area is not placed any closer than 300 ft from any existing
residential dwelling.
3. All.equipment storage _will be enclosed in an area with screening at least eight (8) feet in
+eigh! and obscurgd from view at the same elevation or lower. Screenin{ may'include
berming, londscaping, sight obscuring fencing or a combination of any of thesd methods.
4. Any repoir and maintenanc,e,activity requiring the use of equipment that will generate
nois9, odors o.r glare beyond th-e propert! bounilaries will be cbnilucted within a biilding or
outdoors during the hours of I a.m- to 6 p.m., Mon.-Fri.
5. Loading and unloading of vehicles shall be conducted on private property and may not be
c o n d u c t e d o n,'#,r : i':; i' f::-f{:::l ; o w n p r o p n),
(E) Anystorageareaforusesnotassociatedwithnaturalresourcesshallnotexceedten(10)acres
in size. (A97-112)
(F) Any lighting of storage area shall be pointed tlownward and inward to the
proper$ center and shaded to prevent direct reJlection on adjacent property (A97-112)
No outside lighting, exceptfor security purpose around buildings and work area.
(6) Water pollution: in a case in which potenlial hazards exist, it shall be necessory to install
5
7.. Property owner acknowledgement included.
8....5.03...1..Water well will be drilled.
Wash area/bathroom, underground septic tank and
leechlield at a later date. Porta Potties will be set
Trash will be deposited in a dumpster and removed
monthly by a santation seruice.
Source of heat will be supplied by propane gas.
2..We will build the road consisting of road base and gravel
to the site on existing easement.
3..The only commerical delivery will be diesel fuel on a weekly
basis for refueling of our equipment. Fuel tanks will be
on stands with a lined retainer wall surrounding tanks.
On occassion UPS and FEDX wiII have deliveries.
Traflic will be to the minimum , as this will be a private
access to the site coming off 1-70 at the Rulison exit 81.
No outside lighting, except for security purpose around
buildings and work area.
\
r 60x80 rt nrtog to store tools,
materials, and shop supplies. To store and repair any and all equipment.
To park heavy equipment. At the present, we have
2..tandem axle gravel trucks
6..80 bbl vac/water trucks
2..winch trucks
2..backhoes
4..trailers
1.. trencher
5..roustabout crew trucks with tools
miscellaneous tools and items required for our line of work
This list of equipment will vary as needed. Generally hours of operation
are Monday thru Friday, but we are on a 24 hour ,7 day call basis. The
equipment will be parked at night at the location. At the present, we
have 15 employees , which drive thier own personal vehicles to the
location, park and pick up company vehicle in which they will return at
the end of the day or end of shift.
Electric power will be supplied by Xcel Enerry.
2..Water WelI Permit#254154 Drilled by Shelton Drilling #1095
817 E Airport Rd
Rifle, Co 81650
970 625 4182
3.. Site Plan included
4..Vicinity map showing slope included
S..Mineral right owners.. Anvil Points PropertiesrlTD
a Colorado limited partnership
Scott Investco, a General Partnership
Russell Scott jr., General Partner
Proper"t owners adjacent to or within 200 ft of the site.
Todd Peters
P O Box 2009
Rifle, Colorado 81650
Bureau of Land Management
PO Box 1009
Glenwood Springs, Co 81601
Colo Department of Transportation
Atten: Joe Elsen
202 Centennial Drive
Glenwood Springs, Co 81601
6..Copy of Title Insurance and legal description of property included.
7t
Teter / Naugle Project
1. Proposal:
2. Zoning:
3. SUP:
4. Property Size:
5. Location:
6. Access:
7. Standards:
8. Water:
9. Waste Water:
Subcontractor operations for the oil and gas operations
a. Follow-up site construction / maintenance after well
is drilled;
b. Hauling water
c. Rouste-about crews
d. Construct 60 x 80 shop
RL (Gentle Slopes / Lower Valley Floor)
Warehouse Facilities/ Staging Areas
35 acres
North and adjacent to I-70 at the Rulison Exit
CR 323 (dead end)
5.03, 5.03.07, and 5.03.08
Exempt well (domestic only)
Porto-Potties / Future ISDS
t
10. Potential Issues:
I 1. Similar cases:
Screening / visual impact
Flood Plain
Road Easement
Water (allowed use)
Disclosure for mineral owners
Traffic trips
Lighting
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RECENED
JuN 0 3 zoo[
B$'ls,'stt8sHNil'I
DATE: June 2, 2A04
NIJMBER OF PAGES (including cover sheet) 5
To: F..cL FAXNUMBER:38(- bqlb
FRoM: jo"r.l /',\c.0.&0c-k*
RE: be.^g + 6eue-[1 --f-\ev-
DOCTJMENTS SUBMTTED:
A p Ph ect.[I.. /\. a-l[A"-]r- r,T e "*=
IF YOU DO NOT RECETVE ALL OF THE PAGES, PLEASE CALL O7q 625.5461
FACSIMILE TRANSMISSION COMPLETED
ON T}IIS DATE AT .M.
BY
Transmitted:
For approval
_ For signature
OTHER MESSAGE:
___-!* review and comment CaIl ifany qu..tiorr.t/ -As requested
WEST DIVIDE WATER CONSERVANCY DISTRICT
109 WEST FOURTH STREET, P. O. BOX 1478
RIFLE, COLORADO 81650-1478
TELEPHONE: (970) 625-5461 FAX: (970) 625-2796
water@wdwcd.org
FAX COVER SHEET
Please:
Sign and retum
Call upon receiptlreview
For your information
Fn*d" -gl.lcra eu/Asxq- % tf\4. fuP4-lltn-tue,.-'
+p- azter. R -\u,in* th_c__ t/ po_qr_
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Cont'act #0405 1 SDBT(a)
Map #498
Date Activat e.d: 5 / 181 04
CtwatJeiwry2U)4
APPLIC.A,TION TO LEASE WATER FROM
WEST DIVIDE WATBR CONSERVANCY DISTRICT
109 WcstFourdr Sbect, P- O. Box l4?8, Riflc, Colorado 81650
waler(Dwdwcd.ors
Fa<: (97O)62s-2796
Telephone: (97 O) 625 - 5 461
I. APPLICANT II{NORMATK}N
Cl RESIDENTIAL (clock applicrblc borcr)! Ordinry housclrold irsc Nrunbcr ofdwcllir
0 SuMivision: No. consroctcd rmits,_No. ,"*t fosf
[Honc gardennatn inigation or
-
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Malod of irrig*i<x: E flood Esprinttcr D drip tr o0rcr
$r.r-,-**,""-t"i"f-*i-i*ar wacr; g of ,l f . -. an I nnrs
fi Fire emtection
Autlodzrd'agcnl:
tr INDUSTRIAL
Dcscrilion of usc:
2. COURT CASE #'s: Dcrce Case No-
Augmcntatioo Plas Casc No.
3. USEOFWATER
5. I.OCATION OT STRUCTUBE(rlLr r lrrtr\AI E .5wC*my ._. qrua/$rrre{ Qudtcr?,ti Q; '.: 9a aLr b*).lSaclion Toinfhip Rrrge Priacapal
Maitim
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Wcll location address:KiE\r'
't'hc\ l-l cr=, (o e.r R.\?:3
{Aaac* ditionol WAcs fo ,nultiph snxfr."st
6 LAND OT{ WHICH WATEN. WILL BE USED
(Legal &scription noy be pruvi&d ds an dnacharent.)
l-: < e c,.*\cr-. tsr *: <{
Number of acrEs in ract .__?-r 11
lnclnion iato thc Dit rict, o, Applicont,s c4tet*, moy be tqtircd-
7.,TYPE ()F SEvyAGf,, SYSTEM
flSq*ic aok/absorption lcadr field trCfltrat sysun D0thet
bist ia ,rarn.
E. VOLUME OT'LEASED WATERNEEI}ED IN ACRD FEET:
- ,) ' O 1^ (minimumof t acrefoor)
Proide eagiaccringdata lo syppoif efllat re of *Uet rcqtacd
Coanerciol, rtunicipd, aadindaldal uscts zttrs proiilc ditutbo
ond codtprrrptivc dota oa a nmathly basis
A tololiiagflow mctet with rffic reofuit is rcqaircd ro be lntloltd
ead usqe rspanqd lc rYcfl Dirtdz.
Awn&nr.xp"6ty octaa il@a it ha hed lhcrypottaaity to rvaia*c Digridklara YstEr Auoraratt Corrrrad ead ogn .:t this ryticaioe
is madc ptttuoat and wl$ea a thc tctat oad oldditiants oatoitcd
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! COUfvffnCIAL (chcck rypticrbrc borcs)'Nunbcro{unlts'. I . Toral sq. ft. of comnrcrcial.units: ;l y f ()
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Dou6 TETE}? soNs 374 E25 @7E,@
* County of Garfield, and State of CO, grantor, and
].r*,r r r lrEElr o
LZ:*3pm P. @@7
THIS DEED. macle this 'l5th day of April,2004
HARRY L. NAUGLE AND RHONDA KAY NAUGLEBetween
of the
DOUGLAS A. TETER AND BEVERLY A. TETER. as JointTenants
whose legal address is : 4949 County Road 309, Parachute, CO, 81635
of the Counly of Garfield and State of CO, granlee:
WITNESSETH, Tnat the grantor for and in consideration of the sum of $150.000.00 DOLLARS, the receipt and sufficiency of
which is hereby acknowledged, has granled, bargained, sold and conveyed, and by lhese presents does grant, bargain, sell and
convey and confirm unto the grantee, his heirs and assigns forever, all lhe real property together with improvements, tf any,
srtuatp. lyrng and being in the
See Attached Exhibit "A"
Counly of Garlield and State of Colorado described as follows:
as known by streel and number as: Vacant Land
TOGETHER with all and singular lhe heredilarnents and appurtenances thereto belonging, or in anywise appertaining, and the
reversion and reversions, remainder and remainders, renls, issues and profits thereof, and all the eslate, right, title, interest, claim
and demand whatsoever of the grantor either in law or equity, of, in and to the above bargained premises, with the hereditaments
and appurtenances
Tq HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his
heirs and assigns forever. And the Grantor, for himself, his heirs, and personal represenlatives, does covenant, grant, bargain, and
agree to and wilh the Granlee, his heirs and assigns, that at the time of lhe ensealing and delivery of these presenls, he is well
seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee
simple. and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as
aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments,
encumbrances and restrictions of whatever kind or nature soever, except general taxes and assessments for the year 20O4 and
subsequent years and all those specific exceptions described by reference lo recorded documenls as reflecled in Commonwealth
Title Company's Commitrnent No. 0310001
The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable
possession of the grantee, his heirs and assagns, against all and every person or persons lawfully claiming the whole or any parl
thereof. The aingular number shall include the plural, the plural the singular, and the use of gender shalt be applicable to all
genders.
lN WTNESS WHEREOF the grantor has executed this deed on the date set fonh above.
STATE OF COLORADO
COUNTY OF GARFIELD
The foregoing instrument was acknowledged before me on April 15, 2004, by Harry L. Naugle and Rhonda Naugle
tB east Street
Fiflq-CO 81650
ffi
)
) ss.
)
*\rs\c,r
Rhonda Kay Naugte
My corrrmission expires:
WTNESS my hand and official
Fred Jarman
From:
Sent:
To:
Subject:
Roussin, Daniel [Daniel. Roussin@DOT.STATE.CO.US]
Thursday, May 20, 2004 1't:36 AM
Fred Jarman
Teter Access on l-70 in Rullison
Fred - I just wanled to glve you a update on Douglas and Beverly Teter access permit, The
Teters have asked me to iend you a email on this access permit. The Teters have applied
for change in use for the Harry and Ronda Naugle access on North side of SH 70A, a
di-stance of 1000 feet from milepost 81 (Also known as 15505 Highway 'o/24) We have
receive the application and we are reviewing the application. The Teters have sent us
everything we have ask for at this point. We have done a initial review of the fife, we
don't see any complications wlth this f1Ie.
If you have any questions about t.his, please l-et me know'
Respectfully,
Dan Roussln
Permit Unit Manager
Coforado Department of Transportation
Region 3 - ?raffic and SafetY
222 SouLh 5th Street, Room 100
Grand JuncLion, Co. 81501
91 0-248-7 230
970-248-7294 fax
daniel . roussi-nGdot. state. co . us
RECEIVEI)
GRAND VALLEY
FIRE PROTECTION DISTRICT
1777 T,, BATTLEMENT PARI(WAY
PO BOX 295APR 0 6 2004
3$r;,$.: H #il$,H o,,i,ts,"x:ffi,"?,1"T;5-,,*
Api'|2,2004
Fred Jarmon
Garfield County Building & Planning Dept.
109 8d'Street, Suite 303
Glenwood Springs, CO 81601
Subject: Fire Protection Plan for Harry & Rhonda Naugle
Mr. Jarmon,
I have reviewed the applicant's request and have verified that it lies within the Grand Valley Fire
Protection District. The District offers the following comments regarding the application:
o Page 5 of Mr. Jarmon's letter to applicant - (A) No storage of flammable or
explosive solids or gases are to be at this site.
o Page 5 of Mr. Jarmon's letter to applicant - (C) No storage of materials or waste
is expected.
As long as the above conditions are not changed, i.e. the facility becomes a repair and
maintenance facility, the Grand Valley Fire Protection District has no further concerns regarding
this project.
IfI can be ofany assistance, I can be reached at (970) 285-9119, or cell (970) 285-9851.
1zAJGi\,/
-t-
David A. Blair
Fire Chief, GVFPD
Xc: Harry & RhondaNaugle
File
BAILDING & PLANNING DEPARTMENT
April 5,2004
Douglas and Beverly Teter
4949 County Road 309
Parachute, CO 81635
RE: special use Permit requestfor rndustrial support Facilities which includes warehouseFacilities / staging Areas and storage Areas in tii Resource Lands (Gentle slopes / LowerValley Floor) zone district
Dear Douglas and Beverly,
As you are aware' on Monday, April 5,2004, the Board of county commissioners moved tocontinue your request regarding the Special use Permit to rvro"au11 1*i" i1ffi; at I :15 pM so thatyou have adequate time to better address the items outlined by Staffin the StaffReport dated 415104and outlined in the presentation. By continuing the public hearing, you do not need to re-notice toyour neighbors' However, this office does request that you provide all new materials / additionalinformation at least two weeks prior to the newhearing aate (no later than Monday, M;; *1;ilr-r:
Do not hesitate to contact this office in the event you have any questions.
Very truly yours,
108 8th Street, Suite 201,
/o7n\ o,t < 91 t -, /o,7n\
Glenwood Springs, Colorado gl60I
Qgrlinld County
970.945.8212
'l o ( 1n1a
coLoRADo DtvtstoN oF wATER nesciEes
DEPARTMENT OF NATURAL RESOURCES
1313 SHERMAN ST., RM 818, DENVER, CO 80203
phone - info: (303) 866-3587 main: (303) 866-3581
fax (303) 866-3589 http://www.water.state.co.us
Office Use Only tt I Form cws-4s (1/2004)
ffiCtrIVFS
\ffY eo u
*#5*Hlxrs'
GENERAL PURPOSE
Water Well Permit Application
Review instructions on reverse side prior to completing form.
The form must be completed in black ink.
1. Applicant lnformation
Nme of appli€rl
Do *aln: A Terlev + B"ue'l-' Faele-t
uaif,ng addre\
v I vr (
4q+q o R 7oqcit, h,t*,rh,rte ,b, "'Ti us
Telephone #
(q?o) be5. 513 +
6. UseOf Well (checkapplicablffi
Attach a detailed description of uses applied for.
fl lndustrial / Orn"r(describe):
!*Tx[j -iii;P'" ('*u texL''t rrr'
/commerciat b hdb&*r+je, *i m*ls Fi't ?'oL)
7. Wel! Data (proposed)
Maimm p(IndrE Ete Anrual anount to bewitMwn
t6
Total depth
til
oDm eA18 acre-reet
Aquiler
feet
^'""''ar.h,J*rq, 0. P:*
2.Type Of Application (check applicabte boxes)
Ef Construa new well E Use existing well
fl Replace existing well E Change or increase use
E Change source (aquifer) E Reapplication (expired permit)
fl other:
8. Land On Which Ground WaterWitl ge Uiefl
Legal Description (may be prcvided as an att*imenl):
See- A++\&€[ Eu A
(lf used for crop inigation, attach a scaled map that shows irrigated area.)
3. ReferTo (if applicable)
Wdl Pemit # Wder Court case #
Des(?rEt€d B6in Oetmanatim # Well nane q #
4. Location Of Proposed Wel!
Comtv'0* l,'uilSsction Township25b NorS Range EorWEd q5 Dd
Distar of well frm seclion liE (swtim liE ac typicdly rct prcperty lims)
A 4AO rt. r-n I r.rEf s A-LnO r,. oo,n de E w
Ftr rEple€rnern wdb mly - distanc€ ard dirsction frmi old well to n* w6ll
N-h feet direcrion
Well location address (if applicable)
Optional: OpS weti location information in UTM format
Required settings for GPS unils are as follows:
Format mtst be UTM
Zone mct be'13
t nats m6t be i ete6
Oalum m6t be NAD27 (CONUS)
Unit m$t b€ set to irue rcrth
were points arcEg€dz EveS E HO
Northing
Easling
9. Proposed Well Driller License #(optional): / -|io tu4p
10. Signature Of Applicant(s) Or Authorized Agent
The making of false statements herein constitutes perjury in the second
degree, which is punishable as a class 1 misdemeanor pursuant to C.R.S.
24-4-101 (1 3Xa). I have read lhe statements herein, know the contents
thereof and state that they are true to my knowledge.
Sign tEre (MGt be orOia., sigrElure)Date
1la ,lo +n_d,
Dutnol
Office Use
USGS map me Dl /R map no.Surfa@ elev
a/€ v ,r/€ a( Receipt area only
,r'a f
E7/43'z E-A
ksa aF
*f e.-i Y 1r Lt
,9Vre l'e***.
v,'f/ O...ai f
c..z/vcrt 7o*/'tc*
\ J. r* "L 7c'nc/"'u
Hcz r-/ ,tz a
"ir'"6 i) €p 9vo" "'.2
WR
TOPO
MYLAR
SB5 -{ *o 2J ro
5. Parcel Well Will Be Located
A. Legal Description (may be prcvided as an atractment):
3rn A+[A"X.I Ex A
B. #of ffiinparel C. orm% i;;,il*Bu*h'
D. w[thbbethemtywelmrhispa@t?f]veS 6l&r*-lbtotswetb) d
E. stateparceD#(opriomt): 25 4l5 rl
t)
KaTHIEEN Npaulr
416 Country Road 343
Silt, Colorado 81652
Safety Consultant
Nday 17,2004
Noise assessment was performed at I-70 and Rulison on 09 May zoo4.
Calibrated Instruments before going to site.
Matrosonics sound level meter model Champion #1207
Matrosonics Acoustical Calibrator Model CI-305 was used Last calibrated by Matrosonics on 0l May
2004, also Dwyar - wind meter.
This sampling ws done from 06:30 thru 07:30 on the above date.
Article 12 23-12-103-(9) (8)
Sound level measurements with ambiant noise level created by encompassing noise of the environment from
all sources at the time with no trucks running was 43.4 dba measured on the "A" scale. Background noise
from freeway l-70.
Wind velocity at the time and place of the measurement was less than five miles per hour 25-12-103 (g).
Noise levels are at distance of twenty-five feet from the fronts of the trucks, three trucks start up at once, the
noise level was 64.5 dba, then dropped down to 58.5 dba. As the three trucks left noise level was down to 53.2- 54.4 dba with just one truck running. At this location all the trucks do not leave at the same time, because of
the dispatching of trucks, about every 20 min. a truck leaves. All trucks were within the limits of 53.2 - 54.4
dba measured on the "A" scale.
Thank you
CIHM #5762
Certified Industrial Hygiene Manager
co HC #58542
Certified Occupational Hearing Conservationist
If I can be of further assisrance please call: (970) gl6-27g2
O4 l?:O7p
GRAND VALLBY
FIRE PROTECTION DISTRICT
1777 E. BATTLEMENT PARI(WAY
PO BOX 295
PARACHUTE, CO 81635
(970) 2E5-9119, FAX (970) 285'9748
April23, 20M
Fred Jarmon
Garfield County Building & Planning Dept.
109 8'h Street, Suite 303
Glenwood Springs, CO 81601
Subject: Fire Protectron Plan for Harry & Rhonda Naugle / Doug & Beverly Teter Project
lVIr Jarmon,
I have spoken with Mrs. Beverly Teter since I last reviewed this project and now have a clearer
picrure as ro what the intent of this special use permit is for The Grand Valley Fire Protection
bistrict therefore submits the following fire protection plan requirernents.
o lt was first assumed that the site was to be where the current operattons are
located, i.e, next to thc rivcr. Howevcr, it is now clear that the location is north of
I-70 and west of the Rulison interchange It assurned that the Type of
Construction will be "Type V-N and therefore will require a minimum tire flow of
1,750 gpm fbr a duration of 2 hours, The total stored water supply for this facility,
u. requir.d by the UFC is therefore 210,000 gallons of water. The District realizes
rhat this facility is not for continuous habitation and the intended use is for a
relatively low nsk function, and therefore will not require the total required water
supply The District wilt require at least 2500 gallons of stored water, which could
be used in the event of a fire at this facility and/or to prevent the growth and
spread of a wildland fire event. Cisterns can be combined for both fire protection
and shop use
o 'lhe appli"*t intents to use the shop for repairs, but will not perform any
"Weliing or Cutting (open flame) Operations" wittun the building It is therefore
assumed that the Building Department will classify this tacility as a "Group S,
Division 3" occupancy - Repair Garage. Article 29 - Rcpair Garages of the 1997
UFC will therefore applY.
o The applicant does intend to store and dispense "flammable and combustible"
Iiquids on this property, but not within the structure. 'the applicant intends to have
3 ibove ground tanks, I -10o0 gallon & 2 - 500 gallon tanks. These tanks will be
used to store *,d {ispense diesel fuel. It appears from the proposed site plan that
they are an adequate distance away from the shop facility, as required by UFC
79023 2 The applicant will need to provide for a spill control and secondary
containment system The appticant wrll need to properly identifo the contents of
each tank 'l'he applicant will need to post "No Smoking" signs in ttre storage and
*"troo e70e8sT8 p.?
^:i ?3 04 t2:o7p ""tL e7 o 28U8
dispensing area and will need at least one (l) 20lb ABC Dry Chemical Fire
Eninguisher, located within 50 feet of the tanks.
o The applicant has not listed the size of the access / egress roads, but it is assurned
that they will be adequate for fire apparatus because the trucks the applicant has
are similar in nature.
As long as the above conditions are not changed, i e. the facility becomes a repair and
rnaintenanr;e facility, utilizing "Welding and/or Open Flame" operations, the Grand Valley Firc
Protection District has no further concerns regarding this project
Ifl can be ofany assistance, I can be reached at (970) 285-91 19, or cell (970) 285-9851.
f :0,t,{'P
David A Blair
Fire Clilel CVFPD
Xc: Doug & Beverly Teter
File
p.3
Page I of I
From: "Roussin, Daniel" <Daniel.Roussin@DOT.STATE.CO.US>To: <farman@garfield-county.com>Cc: <bevt@rof.net>
Sent: Thursday, May 20,2004 11:36 AMSubject: TeterAccess on l-70 in Rullison
Fred - I just wallted to give you a update onDouglas and Beverly Teter access pemrit The Teters have
asked tlle to send you a entail on tliis access pemrit The Teters have applied tbr change iu use tbr the
Hafly and Ronda Nar.rgle access on Nortli side of SH 70A, a distance of 1000 t-eet tr-oni milepost 8l
(Also ktrowtr as 16605 lltghway 6124) We have receive the application and we are reviewirig the
application. The Teters have sent us everything we have ask tbr at this point We have clone a initial
review of the t-rle, we don't see any courplications with this file
If you have any questions about this, please let me know.
Respecttirlly.
Dau Roussin
Pennit Unit Manager
Colorado Departrnent of Transportation
Resion i - Trattlc and Sat-ety
222 South 6th Street, Room l00
Grand Junction, Co 81501
q70-248-7230
c)70-248-7294 fax
5t20t2004
Bev
Current January 2004
APPLICATION TO LEASE WATER FROM
WEST DIVIDE WATER CONSERVANCY DISTRICT
109 West Fourth Street, P. O. Box 1478, Rifle, Colorado 81650
Contract #04051 8DBT(a)
Map #498
Date Activated: 5 I 1 8104
I. APPLICANT INFORMATION 5. LOCATIONOF STRUCTURE(-.t , { re'id -) L,J /. ) €-
County Quarter/quarter Quarter)-5 Qr1- g5cet 6,+h
Name:
Authorized agent:
2. COURT CASE #'s: Decree Case No,
Augmentation Plan Case No.
3. USE OF WATER
n RESIDENTI.AL (check applicable boxes)
n Ordinary household use Number of dwellings:_
D Subdivision: No. constructed units: No. vacant lots:'fluorn" garden/lawn irrigation or
-
'-., so o--E. t]
Mcthod olirrigation: ll flood H sprinklcr fJ drip tl other
$,Non-commcrcial animal watering of / 5 animals
fl Firc Protection
llell Sharing Agreement for muhiple owner wells must be submitted If
grealer than lhree owners, application must be made under o
It omeow n ens associolion.
! COnf fvlfnCtAL (check applicabte boxes)
'Numbcr ol'units: / Total sq. ft. of commercial ,units: ? I 0 O
Description of use: rO y' r, .rc F.: tu0 <,t.'r1 I / o-'l<-
\ tr(r\\.,I (\t, r,. -.-. (f\ t'y)\ O /(.(i r e 5-t or I t t- r aiir-K '
! INDUSTRIAL
Description of use:
Evaporation: Maximum water surface to be exposed:
Description of any use, other than evaporation, and method of diversion,
rate of diversion, and annual amount of diversion of anv water withdrawn
liom the pond:
D MUNICIPAL
Description of use:
4. SOURCE OF WATER
Structure:(_(
Structure Name:
Source : DSurface
Current Permit #
l l Direct Pumping: Tributary:
Location:
Section
Meridian
Township Range Principal
Well location address: - I b c1 tl i,. .t L: q ,- 8,.\ r.r )E.,i\\r' -
(Attach additional pages for multiple structures)
6. LAND ON WHICH WATER WILL BE USED
(Legal description may be provided as an attachment.)
5 e < ct tfc-r-r Vr *: ,-(
Number of acres in ract: 3 ar
Inclusion into the District, at Applicant's expense, may be required
7.,"TYPE OF SEWAGE SYSTEM
flseptic tank/absorption leach field lCentral system DOther
District name:
8. VOLUME OF LEASED WATER NEEDED IN ACRE FEET:
,Q. O G (minimumof I acrefoot)
Provide engineeing dato to support volume of water requestetl
Commercial, municipal, and industial users must pft)vide diversion
and consumptive data on o monthlv basis.
A totalizingflote meter with remote reudout is requiretl to be installed
and usage reported to lYest Divide.
Applicunt erpressly acknowledges it hus hut! the opportuniq' tu reviel
the District'slorm lHoter Allotment Conlract und agrecs this applicution
is mule punuant und subject to the terms and conditions contuined
--
Applicant
Distance of well from section lines
trStoragg
Apprication our", 1J A -oL/
f), qt" o d-t--
Applicant S(nature
Current January 2004
Oaon,.u.t #0405 I 8DBT(a)
Map #498
Date Activated: 5 I 18/ 04
WEST DIVIDE WATER CONSERVANCY DISTzuCT
WATER ALLOTMENT CONTRACT
Name of Applicant:
QuantityofWaterinAcreFeet: 2 - O,-
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, 537-45-101, et seq., (hereinafter referred to as the "District") for an allotment
contract to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution of this
Contract and the attached Application, Applicant hereby agrees to the following terms and conditions:
l ' Water Rishts: Applicant shall own water rights at the point ofdiversion 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' Ouantitv: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant,s point
of diversion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to administration by the Colorado
State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said
quantity in acre feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted fiom direct flow,
storage or otherwise, to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal
availability of water from District's sources' Any quantity allotted will only be provided so long as water is available and the Applicant fully
complies with all of the terms and conditions of this Contract. The District and the Applicant recognize that some of the District,s decrees may
be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may
be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water
than the amount herein provided, Applicant may so notifo 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
forthe following beneficial use oruses: industrial, municipal, domestic and related uses, orcommercial (except forcommercial use fiom Alsbury
Reservoir and except to the extent that Ruedi Reservoir water may not be available for commercial as that term is defined on page 5 of Contract
No'2-07-70-Wo54TbetweentheUnitedStatesandtheWestDivideWaterConservancyDistrict). Applicant'sbeneficial useofanyandall water
allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant,s control.
4' DecreesandDeliverv:ExchangereleasesmadebytheDistrictoutofstoragefiomRueji Reservoir, GreenMountain
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 ofsaid storage facilities or at the decreed point ofdiversion for said other sources, and release or delivery of
water at such outlet or points shall constitute performance ofthe District's total obligation. Delivery ofwater by the District from Ruedi Reservoir
'T*] "n
or Green Mountain Reservoir shall be subject to the District's lease contracts with the United States Bureau of Reclamation. Releases llom other
facilitiesavailabletoDistrictshall besubjecttothecontracts, laws,rules,andregulationsgoverningreleasestherefrom. Furthermore,theDistrict
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 agreemen! is not impaired by said action. Any quantity of the
Applicant's allocation not delivered to or used by Applicant by the end of each water year (October l), 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 Distict shall be limited to the amount of water available in priority at the original point of
diversion of the District's applicable water right, and neitherthe District, northose entitled to utilize the District's decrees, may callon any greater
amount at new or alternate points of diversion. The District shall request the Colorado Division of Water Resources to estimate any convey.nce
losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case.
Water service provided by the Dishict for properties located within the Bluestone and Silt Water Conservancy Districts is
provided pursuant to Agreements with said Districts. The Intergovemmental Agreement between the District and the Silt Water Conservancy
District, dated January 25,2001, is recorded as Reception No. 575691, Garfield County Clerk and Recorder,s Office. The lntergovernmental
Memorandum of Understanding between the District and the Bluestone Water Conservancy District, dated April 26, 2001, is recorded as
Reception No. 584840, Garfield County Clerk and RecordeCs Office.
5' Altemate Point of Diversion and Plan of Ausnentation: 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 responsibiliry of Applicant. The District res€rves the right to review and approve any conditions which may be attached to
judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant
acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary fbr any changes in water
rights contemplated herein, and further agrees to indemnifu 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 altemate point of diversion and deliver them to Applicant,s
intended bene ficial use. Irrespective of the amount of water actually ffansferred to the Applicant's point of diversion, the Applicant shall make
annual payments to the District based upon the amount of water allotted under this Contract.
In the event the Applicant intends to apply foran 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 l9 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 Pavment: Non-refundable, one time administrative charge, in the amount determined by the Board of
Directors of the District from time to time, shall be submitted with the application for consideration by the District.
Annual payment for the water service described herein shall be determined by the Board of Directors of the District. The initial
annual payment shall be made in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice
will advise the Applicant, among other things, ofthe waterdeliveryyearto which the initial payment shallapply 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 I . Ifan annual
payment is not made bythe due date a flat $50 late fee will be assessed. Final written notice priorto cancellation will be sent certified mail, return
receipt requested, to the Applicant at such address as may be desigrated by the Applicant in writing or set forth in this Contract or Application.
Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the
District from adjusting the annual rate in its sole discretion for future years only.
If payment is not made within fifteen (15) days afterthe 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. The allotment of
water, as herein made, may be transferred, leased, or otherwise disposed of at the discretion of the Board of Directors of the District.
Upon cancellation of this water allotment Contract with the District, the District shall notifu the Division of Water Resources
offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of all water use.
7 ' Additional Fees and Costs: Applicant agrees to defray any expenses incurred by the District in connection with the
allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any
water rights and adjudication necessary to allow Applicant's use of such allotted water rights.
8' Assimment: This Contract shall not inure to the benefit of the heirs, successors or assigns of Applicant, without
the prior written consent of the District's Board of Directors. Any assignment of 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 properfy fiom applying
to the District for individual and separate allotment Contracts. No assignment shall be recognized by the District except upon completion and
filing of proper forms for assignment and change of ownership.
ln the event the water allotted pursuant to this Contract is to be used for the benefit of land which is now or will subsequently
be subdivided or held in separate ownership, the Applicant may only assign the Applicant's rights hereunder to: I ) No more than three separate
owners all of whom shall be party to a well sharing agreement satisfactory to the District; or 2) A homeowners association, water district, water
and sanitation district or other special district properly organized and existing under the laws of the State of Colorado, and then, only if such
parties, association or special district establishes to the satisfaction of the District that it has the ability and authorify to perform the Applicant's
obligationsunderthisContract. Innoeventshalltheownerofaportion,butlessthanall,oftheApplicant,spropertytobeservedunderthis
Contract have any rights hereunder, except as such rights may exist pursuant to a well sharing agreement or through a homeowners association
or special district as provided above.
Upon the sale of the real property to which this Contract pertains, Applicant shall make buyer aware of this Contract and
proper fbrms for assignment and change of ownership must be completed.
9' Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado; by the rules
and regulations of the Board of Directors of the District; and all amendments thereof and supplements thereto and by all other applicable law.
10. Operation and Maintenance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement',
with the District under terms and conditions determined by the board of Directors of the District, if and when, the Board of said District
determines in its sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for
additional annual monetary consideration for extension ofDistrict delivery services and for additional adminisfiation, operation, and maintenance
costs; or for other costs to the District which may arise through services made available to the Applicant.
I l - Chanee 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 alloued hereunder
without the prior written approval of the District shall be deemed to be a material breach of this Contract.
12- Use and Place of Use: Applicant agrees to use the water in the manner and on the property described in the
documents submitted to the District at the time this Contract is executed, or in any operation and maintenance agreement provided by Applicant.
Any use other than as set forth thereon or any lease or sale ofthe water or water rights herein, other than as permitted in paragraph 8 above,
shall be deemed to be a material breach of this agreement.
13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal
fee title interest in or to any water or water rights referred to herein.
l4- Conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water
rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use ofDistrict owned or controlled
water or water rights.
I 5. Resffictions: Applicant shall restrict actual diversions to not exceed the contract amount, which provides water (on
the formula of one acre foot per dwelling) for ordinary household purposes inside one single family dwelling, the watering of domestic livestock,
fire protection, and the irrigation of lawn and garden as specified in the Application.
Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado
Division of Water Resources.
Watering of livestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless
Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestock watering, provided that in no event
shall actual diversions exceed the amount ofwater provided by this contract.
Violation of this paragraph l5 shall be deemed to be a material breach of this Contract.
l6- 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 - Measuring Device or Meter: Applicant agrees to provide, at its own expense, a measuring device deemed acceptable
by the District's Engineer after consultation, or a totalizing flow meter with remote readout to continuously and accurately measure at all times
all water diverted pursuant to the terms of Applicant's water right and the terms of this Contract. Applicant agrees to provide accurate readings
iiom such device or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragaph could result
in legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. By signing this Contract
Applicant hereby specifically allows District, through its authorized agent, to enter upon Applicant's property during ordinary business hours
for the purposes of determining Applicant's actual use of water.
I 8. Representations: By executing this Contract, Applicant agrees that it is not relying on any legal or engineering
advice that Applicant may believe has been received from the District. Applicant further acknowledges that it has obtained all necessary legal
and engineering advice Iiom Applicant's own sources other than the District. Applicant further acknowledges that the District makes no
guarantees, warranties, or assuftmces whatsoever about the quantity or quality of water available pursuant to this Contract. Should the District
be unable to provide the water contracted for herein, no damages may be assessed against the District, nor may Applicant obtain a refund liom
the District.
19. Costs of Water Court Filine and Ausmentation Plan: Should the District, in its own discretion, choose to include
Applicant's Contract herein in a water court filing for alternate point of diversion or plan of augmentation, t}ren Applicant hereby agrees to pay
to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the
proceedings. Applicant shall be assessed a pro-rata share ofthe total cost incurred by the District in preparing, filing and pursuing to decree the
water court case. The pro-rata share shall be calculated by dividing such total cost by the number ofcontractees included in the filing. To the
extent that the District is caused additional costs because of objection filed specifically due to the inclusion of Applicant's Contract in the filing,
such additional costs may be charged specifically to Applicant and not shared on a pro-rata basis by all contractees.
20. Bindine Asreement: This agreement shall not be complete nor binding upon the District unless attached hereto is
the form entitled "Application to Lease Water From West Divide Water Conservancy District" fully completed by Applicant and approved by
the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. All correspondence
fiom the District to Applicant referring to or relating to this agreement is by this reference incorporated into this agre€ment as further terms and
conditions of this agreement.
21. Warnins: IT IS TFm SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT
OR OTFTER WATER RIGHT TN ORDER TO DIVERT WATER, INCLUDING TTM WATER ACQUIRED LTNDER THIS CONTRACT.
IT IS THE CONTINUING DUTY OF TFIE 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 OTI{ERWSE LAWFULLY APPLYING T}IE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT
WASTE.
22. AREA B. CONTRACTS: tr APPLICANT.S WELL OR OTHER WATER RIGHT THAT IS THE SUBJECT OF
THIS CONTRACT IS LOCATED OUTSIDE "AREA A" AS DESIGNATED BY THE DISTRICT, TIMN THIS PARAGRAPH APPLIES:
THE AUGMENTATION WATER PROVIDEDBY THE DISTRICTT'NDERTTilS CONTRACT MAY ONLY PROTECT APPLICANI-'S
WATER RIGHT FROM A CALL ON T}M COLORADO RTVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY
OTHER SENIOR RIGHT, NO REPRESENTATION OTFIERWISE IS MADE BY THE DISTRICT. TF THIS IS A CONCERN TO
APPLICANT, THIS CONTRACT MAY BE RESCINDED UPON WRITTEN NOTICE DELIVERED TO THE DISTzuCT BY THE
APPLICANT WITHIN THE NEXT 30 DAYS FOLLOWING THE AFFIXING OF SIGNATURES ON THIS CONTRACT IN WHICH
EVENT ALL SUMS PAID BY APPLICANT FOR THIS CONTRACT SHALL BE IMMEDIATELY REFUNDED TO APPLICANT.
STATE OF )
) ss.
Witness my hand and official seal. My commission
couNrY or Gct rd r e [c\ )
20 e q ,0, f-* *'h*T:'l?'*"*'*'**,o*,,"ontnis /r o** fr I ' '- f
srArE oo f /cnn^/i,t
,') )/r,/
COUNTY OF . '' Ot x 4, ^ nl )
The foregoing,o[ I .o,
Witness my hand and
Christine Joy Wentzel, l,lohry PL6[c
S[de dColorado
MV Comrnhdon E Afeo 3/13120(E
ORDER
After a hearing by the Board ofDirectors of the West Divide Water Conservancy District on the Application, it is
hereby ORDERED that said Application be granted and this Contract shall be and is accepted by the District.
WEST DIVIDE WATER CONSERVANCY DISTRICT,r #fu
President
5' /8 - ("/
Date
This Contract includes and is subject to the terms and conditions of the following documents which must accompany this Contract:
l. Map showing location of point of diversion (use map provided)
2. Application and Data Form fully completed and signed
before me on this /5 auy
^a7
/')of "'r'd/t ,: !/ ,
NOTABy
I -<Fta>-
o
Sh
cas _
"/ ?2
y^,'u
,'rv) |
q
elton Drilling
P.O. Box 1059
Basalt, Co.81621
(970) 927-4182
Lic. # 1095
Corp
: Douglas & Beverly Teter
: 4949 County Road 309
: Parachute, Co. 81635
:970-625-5734
Hole Size Depth Type Casing lD Casing OD From-To
90 10 Steel 65 7.0 0-40
(r5 90 Steel 50 5.5 15-c)O
gt\a4
Name
clo
Address
City, St,
Phone #
Invoice
Date
c-2256
: 4/22/2004
Permit #:254154
Location : Rulison
Perforated Ft : 20
Estimated : 15
Static Level : 60
Total Drilled : 90 ft
u-
ft
gpm *
ft
Recommended Pump Set Depth 85 Ft. Pumping l5
For Pump Installation We Recommend : Samuelson Pump 945-6309
J & M Pump Co 945-6159
Aqua Tec Pump 984-031 I
Instructions:
Price Per Foot Feet
Feet
GPM
(Raun Samuelson)
(Rick Holub)
(Tom Platzer)
@
@
$
$
PerFoot: $0.00
Per Foot $ 0.00
Total Footage Charge s 0.00
Minimum Well Charge (if applicable) . . . .$ 3000.00
Conditions Of Payment:pay $ 3000.00
I. *WE S'IRONGLY RECOMMEND A VALID PUMP TEST BE CONDUCTED BY A LICENSED PUMP INSTALLER
TO DETERMINE THE ACTUAL WELL PRODUCTION AND WATER QUALITY. THIS SHOULD ESTABLISH THE
ACTUAL WELL PRODUCTION PARAMETERS WHICH CANNOT BE DETERMINED WHILE DRILLING
2. OUR GUARANTEE IS VALID ONLY IF A LTCENSFD PUMP INSTAT,LER INSTALLS THF. PUMPING SYSTEM !I
J. The landowner is ultimately responsible for the plugging and abandonment of dry holes or replaced welts.
according to State Rules and Regulations. Please contact us for details and/or prices.
4. ALL INVOICES DUE AND PAYARLE WITHIN IO DAYS OF INVOICE NATE. UNLf,SS PRIOR ARRANGE-
MENTS ARE MADE' A I.57, HANDLING CHARGE PER MONTH MAY BF ADNRD I5 DAYS FROM FIRST
BII,LING.
Please call us ifyou have any questions.
THANK YOU
+1-11+8
Bcvel:ly,
3 /OA434 /g @5./ @4 ./ll:49Pm P. @li
Here are the itcnrs that nr.r:tl to [;c nret fbr *,ater:
I' That a f'ottr (4) hotrr pIIIlIp te,s1 116 perforrned (rn tlrr: well to l-rc uscd;
2, A rcell eonrpletio, rep,r'I dem()..qtratirrg tlrr: rlr:prh .I tht: wt:ll- tht:
charaeteristics of the ar;uifer arrrl tlre .!tr,ltic wirter lr:vr.:l:
.3. Th<: resrrlts ,l'thc f otr (4) ho,r: p,mr.) tt:st indicating
gallons per minute and information shorr.ing crrawdorvn
4. A wrilten opinion of Ihe I)ers(,n eonrlrrr:t.ing tlre well tssl that thin well
shoulrl he a(lrf(luatt: trr srlpltly watr:rr to th<: r,r'.r.,[". r.,f ,rtr,rr.sccl I,ts:
5' r\n as.suntptiort of an avel'age of no lesl.c than ,3.5 people;ier dw-ellilrg unit,
tusing 100 gaUons of water.l)er. person, per rlay;
(r. If the weJl is ro he shar:ed, a legal, well sharing deelanation whir:h
<listttrssrls irll cascrnt:nts and r:osts assrrt:iatt:tl with thr: 111-1cr-x1ion anl.liiiainti:ilant;e,r{'tlre sY.-(trI}I antl w}to wi[l be rr:slionsible li,r.paying l]rese
cr).Sts $n(l how asots.trr)cilts will l.,e marle for thcsc c()sls:
wate. cJuality be te.sted by an independent testing laborator;- and
nreel
State guidelines concerning bactcria antl uitrirtcs.
the putnping rate
and recharge;
in
l'lag I B 04 OB: O4a Raun
Jue
t son s70 - e40418
l/2}J:p Grundfos ( l0SQE05) Pump The weli recovered
If you have any qusstions please call me, Raun Samuelson
p.1
\,,r^,, lQ ?alr),.1lvldY l9\ !vv-
I)oug & Beverly Teler
4949 County Road 309
f'arachute, CO 81635
ATTN-: Doug or Beverly
On May 17,2004, a well test was conducted on a well on the Teter's Property (North side
of Rulison). The following information was obtained;
WellDepth ----------90'
Casing Size-------- -*---------- 7 x 5"
Sranding water level- 60.13'
l'otal test time--------- 4 Hours
f)rawdown to ----------- 67.80'
l)roduction is __---------- >li GPN,I
This test was conducted with
back to 60.27' in 60 Minutes
at 970-945-6309.
Swrdb b\u\t- 4ako, + art
N0r,i ns+ "tit*urt tuulh '
'[l t*'ffi'\
n "--''/6 \,l^''
Raun E, Samuelson
Samueison Fump ()o
Sin cerely';
PO. Box 297 . Glenwood Springs,
Wafer S'/slems "
CO 81602 . (970) 945-6309 . Fox (970) 947-9448
So/es, Service & lnsiallaiion
.Hffi@&BffiB@
o
t>,t).
Project Review
1 ) General
2) Does not compty with significant portions of Sgction 5.03 (generat SUp
standards), 5.03.07 (lndustriat Op€ration Standards), anO S.OO.Og
(lndustrial Performanc€ Standards)
3) Main lssues include:
\ lnad€qut6 dcmNtmtion of l6grlmltr fortho p@sod uso
\ tnaa4uro prcuson of mdhd tor hdhry wasr*€ld
\ lnadquato domnstmtbn of prcF / l6gatsccs onto CDOI Imnbgo
\) No prcposd ddeminatbn of tdF g6etd trcm prcpdy eM thqr off-s(6 aff*
\ s) lEdq@l€ pmvisEn of srffiing (f.ncing / hdspihg pten)ro m[iFto visutimFd
\f) lmdquto d.h to.uppd n€gtEibl6 impe* ro wildtfo
\g) No pGvisbn of . sils &bitbtion phn
\. h) lmdeuto d.E to suprcd amunl of rch€ gsmld fDm sito
. ,r'/1/ ,,
- h^f l']^ 4'c'*' -
Property Location
i
Special Use Permit
Doug & Beverly Teter
Board of County Commissioners
Aprii 5, 2004
1:15 PM
Proposal Specifics
i:.iliii Request: SUp for "lndustriat Support Facitities. that inctudes
ffi Warehouse / Staging Facilities
?i;lir,iiOwner: Harry and Rhonda Naugle
,tiili+AOpti"ant, Doug and Beverty Teter
iiiiliilLocation: Norlhwest of Rulison exit from t-70
liiill#Property Size: 35 acres
: CDOT frontage from t-70 / CR 323
_Zoning: Resource Lands (Genfle Slopes / Lower Valtey
Floor)
Comp Plan: OL/flying Residentiat
."" Proposal Specifics (cont.)
, Tne epptica
i;l.tltt'Oilfield Construction lnc.) an the property whicir off"l fofi*-rp- '
ri, lt i:rimarntenance support to the ,taturat gas driIrng operations throughoul th6
iilli;i**t". Portion of the county.
;iil;lliThe company prcvides support service to gas and oil companies during
,tr;iiildnlling followed by on.going maintenance it the drilt sit€s. The company:
iiiirlir'Des the comptetion work on weils after they have been driiled
iillt.:linctuding setting dehydrato6. s€parat06, and tanks, as they are oeeded.
.Completes all of the connection work, digs out and lays pip6 for ftow-
l,::: "19 "rb: lines follow€d by backfilt and finat g.adlng of the tocation.When this is done, the weil is ready to produce.
.Provides on-going maintenanca, repair, and s€rvice to lhe wells asneeded.
u;t;:r:iil:
iril Proposal Specifics (cont.)
ii
tiiiril:ioit anO Gas and Monday thru Friday for Cat;ine Naturat Gas
liiirl::.The curent operation empioys between and 1S and j7 emptoyees, who
:i,i,iri:i will driv6 their pe6onal vehicl€s to the yard, pick up their desig;atedli.lillii-liequipm€nt (trucks stored at th€ site). compteie tfreir Oatty assrinmenr.
ii.i:i;ji:iand r6turn to yards at end of shift. ln providing seruice, tl,e coipany
1:l]'titiliiuses tne fotto*ing trucks in their operatlon:
;iiiilli :._sl:lul^f-0.lh03,:.1:,,"ac hckt srch ar6 qs.d ror E.nsodi^g .nd u.nsi.(ne was,.wrt r wab. '3 hEutd tum ,t. b 3tr. or b . d..bnrrd disost iir w.b. or @3; w.r..ull n.v6r b..b..d .t h. Fd
.TE (2) bnd.m..r.l 9..8t hcb, eo (2) winch @cks. Mo (2) backho.s and k 2)t.nch.rs. and lour (4) Uail..! b $reo h. oit and qa! comp.nbs
.FiE (1) o^Gbn rculhbour hck. {uippd wb bob.nd eppli.s
DOUG TETER SONS 97@ 67E- @7BE @6/16/@4 @B:14am P. D@Z
.dO DEPARTMENT OF TR
- I ATE HIGHWAY ACCESS PERMIT
Required:
1 .Region
2trApplicanl
3.Sistf Access Seclion
Prwiou3 edilions ars oboolrt2 and may lEt bG u$d
-a{$p
cDorFomTi'l 8/eE
dat-/}''Rl}- ^ s t$t\
\$N t
"""y_So*$\Ka'l'u*n
State High\,Yay No/MP/Side
070A/081.190/1,
Date of transmittal
0512612004
The Permittee(s);
Harry & Rhonda Naugle
16605 Highway 6
Rifle, CO 81650
970-625-8898
Applicant; Ref No. 04-064
Doug & Beverly Teter
4949 CR 309
. Parachute, CO 8163,s
9'70-625-5'134
is hereby granted permission to have an access to the state highway al the locetion noted below- The access shall be constructed, maintained and used in
accordani. with this permit, including the State Highway Acceis Code and any attachments, lerms. conditions and exhlbits. This permit may be revoked
by the issuing authorrty if at any timelhe permitted access and its use violate any parts of this permil The issuing authority, tho Deparlment and their duly
appointecl ag-enls and employees shall tre held harmless against any action for personal injury or property damage sustained by reason of the exsrose of
Locate4 on I-70 Frontage, a distance of 1000 feet east of RP 8 l, also known as 16605 Hovy 6. This access is north of I-70 and at the
very end of a frontage road.
Specialty Store (Feed & T'ack Store).....,...... t2 DHV
General Light Industrial (Oil Field Service) l2 DIIV
Other terms and conditions:'
t See Attached Pages 2 and 3 and Other Enclosures for Additional Terms and Conditions.
MUNICIPALITY OR COUNTY APPROVAL
Required only when the appropriate local authority retains issulng authority.
etermsarrdconditionsandreferer\eda!j9r,ffientscontained
herern. Alt construction shall be completed in ah expedilious and safe manner and shall be filligffi within 45 days from
lnitiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to
being used.
The permittee shall notify Don Poole with the Golorado Department of Transportation in Parachute at 970-285'9483
at least 48 hours prior to commencing construction within the State Highway right-of-way.
The person signing as the permitlee must be lhe owner or legal rsp.esentative of the property served by the permitted access and have full authorily to
accept ths permit and ils te.ms and conditions.o"'bl+lo+
/-'-i /,0
This permit is not valid until signed by a duly aulhorized representative of the Department.
COLORADO DEPARTMET]T CF TRANSPORTATION
Make copies as
l-o€lAuthorily
MICE Patrol
@B:L4am P. @@3w/1DOUG TETER SONS 37@ 6?5 @7A@ 6/O4
o
COLORADO DEPARTMENT OF TRANSPORTATION
STATE HIGI.fWAY ACCESS CODE
NOTICE TO PROCEED
CDOT Permil No.
304058
SH/SMP
070A/081 190tL
Latl rnbdktion
Garfreld CounW
Permittee(s):
I{arry & Rhonda Naugle
16605 Highway 6
Rifle CO 81650
970-625-EE9E
Applicant;
Doug & Beverly Teter
4949 CR 309
Parachule, CO 81635
970.625-5734
The permittee is hereby authorized to proceed with access construction within state highway right-of-way in
accordance with the above referenced State Highway Access Permit and this Notice to Proceed.
This Notice to Proceed is valid only if the referenced Access Permit has not expired. Access Permits
expire one yearfrom date of issue if not under construction, or completed. Access Permits may be extended in
accordance with Section 2.3(11Xd), of the Access Code.
Adequate advance wamirrg is required at alltimes during access constructbn, in @nfonnance with the
Manual on Uniform Traffic Control Devices for Streets and Highways"
Atl construction shall be completed in an expeditious and safe manner and shall be finished within 45 days
from initiation. The p€rmittee or applicant shall notify the DeparUnent prior to commencing construclion as
indicated on the Access Permit.
Botr the Access Permit and this Notice To Proceed shall be available for review at the construction site.
This Notice to Proceed is conditional. The following items shall be addressecl prior to or during collstruction as
appropriate.
None:
Municipality or County Approvai (When ihe appropdate iocal authority reiains issuing authority)
TitleBy
(x)
Date
This Notice is nol valid unial signed by a ctuly authorized representative o{ the Department
Golorado Department of Transportation
(x)Access Manager June 10,2004
Copy Distribution: Raquirad 1 . Region Permit filcs 2. Staff Acoess Section, As neededr Local Authority, MTCE Patrol, lnspec'tor Form 1265 8/S8
DOUG TETER SONS 97@ E.25 @7A@ @7/7L/O+ 1@: 18am p. @Z
GWS-25 -GOLORADO DIVISION OF WATER RESOURCES_-.. _
818 Cenle'nnialBld-g., 1313 Sherman St,. Denr,er, Colorado 80203
(303) 866-3581
pPLlcAryT
APPROVED WELL LOCATTOT!
GARFIELD COUNTY
NE 114 SW 114 Seciion 25
Township 6 S Range 95 W Sixth P.M.
DISTANCES FROM SECTION Llt\iES
2400 Ft- from South Section Line
27W Fa- from East Seclion Line
UTM qooRDTNATES
Northing: Easting:
ISSUANCE OF THIS PERMTT DOES NOT CONFERAWATER RIGHT
CONDITIONS OF APPROVAL.
,) This well shall be used in such a way as to cause rp materia] injury to exlsting urater rights. The issuance ol thls permit
does not ensure thal no injury will occur to amther vesled water righl or preclude anoiher owner of a vested water right from
se€king relief in a civil court actlon.
2t Tha construction of this well shall be ln compliance with the Water Well Construclion Rrdes 2 C,CR402-2, unless approval
of a variance has been granted by the Stato Board of E)€miners of Water Well Constructlon ancl Pump tnstallation
Contraclors in accordance wtth Rule 18.
3) Approvd pursuant to CRS 37-90-137(2) for the constnrction of a well, appropriating ground urater tributary to the Colorado
Riter, as afl slterna&e point of divercion to the Avabnche Canal and Siphon, on the condilbn that the well shall be operated
only when the Wesl Divide Water Conservanry District's substitute water supply plan, appmved by the State Ergineer, is in
etfect aod when a lvater allotment contracl betvveen the wdl ovrrer ard the West Oivide Waier Cooservancy Distict for the
release of replace*nent u,abr from Ruedi Reserracir is in effect, or under an approved plan for augmentation- WDWCD
contract #04051 &DBT(a).
The use of ground water from this well is limited to fire protectbn, drinking and senitary faclllties in an indiudual
cornmercial busine-ss, and washir8 of ten (10) vehicles per week, the irrigation of not more than 1,000 square feet (0.023
of an acre) of gardens and lawns, and the watering of fifteen (15) head of domestic animals. A[ use of this well will be
audailed unless ths water albtmont contract or a plan for augmeniatbn is in effect This well is known as Teter Well.
The pumping rale of this woll shall not exceed 15 GPM.
Tieaveregeennual anreunt of greund naler to be appropriated shal! nol exceed?.2?8 ?tr:re{r,ol?4?.,2il6 gallons).
The c*rner shall mark the irei! in a conspicuous $ace wlth well permit number(s), nanre of tha aquifer, and court c,ase
numbe(s) ss apprapriate. The ownershatl take necessaryne-arls and precautions to presene lhese markings.
This tvell shall be constructed not more than 2fr) feet frorn the location specilied on this permit and not t€ss than 600 feet
fiom any existing vrell, cvmpieted in thesame aqr.ffer, rhat is notorvned by the appliw*-
A lotalizing flow meter must be lnstalled on this uiell and maintained in good working order. Permanent records of all
dlverebns must be maintained try fie well orvner (recorded at hast anntrally) and submitted b the Division Engineer uponrequest. .l--" Z.--
ffil:; ::#ffiffiil"ffH:lil,]ji1ilI*';;;1;o*".,tt*sparce' o 7fr-tio a ?
NOTE: AssessorTax Scheduh Number: R260121 (totating 147.3g aoes)
DOUGLAS A & BEVERLY ATETER
4949 COUNTY ROAD 309
PARACHUTE,CO 8163},
(970) 625-s734
5)
AI
7)
8)
e)
Ltc
WELL PERMIT NUMBER 61348 .-r_-_
DtV. 5 WD39 DES. BASIN MD
/*p) lo dve) -/la, !r*
t -,--;=.:," ''
Form No. OFFIGE OF THE ATE ENGINEER
4)
*,)* n z-2,.2*uJ
o
I
t:
Q-,,,,r, -7
-ffi=F-
1
ru-'-t 12, -?-Q05r.).!1itt't trr,,. -t:.ilglne ancl Burwell, P C.,rro!+z_+ssNo 480 2 ,r.?
VfdUffiFisEr
556f,orlthad
Crua lmioa, CO StS0l
DESCRPnorit
DqttcDrhrcC*
bbr*uimUftom
ffi
Estimate
I
z
3,540
TOTAL
MTE'ADDRESS
PRqlEgT
HFSlgf,cd
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20051 5:0 1P[4szaflver, Le[/oine and Burw.ell, p C
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J&S Fence Company. Inc.
2tg6I-70Busircsi[sJ -
GmudJuncrioa CO glS0t
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Doug Tcrer Sons
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Parachute,
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970 625{780
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UnrAcrta - l|hrcrhh olcr rud hDor - t r0t0600
b providc b,hu* Esti,drs for you fau ,,o. jFCt otrr c*inmes are hsed onHa[ing *rxi,!,Erv :mu "ri
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"nlfrnk The frora*c incrrd* 2 - r 6,acs. Iuauials ryccificaion.h*E *;;
Prlruy fj.tf - Mr&rhl, trrcr rnd hbor - $ Itl2S0.00
Privroy Mrrrtr - ll[frirb, t*c, rrd lrbcr - $ l?633S.00
We rrould to uakc a sic visit to girm }ou a firn bid- plcss cElI if you barae ery pstims.
Inc,
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