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1.0 Application
GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.qarfield-county.com 1tECFIVED JAN 1 9 2010 GARFIELD COUNTY BUILDING & PLANNING CaA19A-I-I0-(vM GENERAL ADMINISTRATIVE PERMIT GENERAL INFORMATION (Please print legibly) > Name of Property Owner: --FE rry U t c_+b r i rl )D X )S Mailing Address: &C7 L) 0.12 > S Telephone: (9%D) 4A. �°� 1/4 > City: gj 1 ale-. State: /0 Zip Code: 8W Cell: (9 ), a 539D > E-mail address: -)-Ct'QU1 S 1 sq )}.---/ 5 )0 e_L FAX:T --)-----___, > Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc): _Sig/re. 4 a -%V i > Mailing Address: Telephone: ( ) > City: State: Zip Code: Cell: ( ) ➢ E-mail address: FAX: ( ) > Requested Use from Table 3-501 or 3-502: ARA > Street Address / General Location of Property: (rJ O 7 44 C/2-- 6,),.5 RFLE > Legal Description: S ►v y pG 79F se y of SEc-70w C "ifr-rr•Y.s s,yi/0 6 So vT/-", ,P,,ivGE 92 Lt/ES T > Assessor's Parcel Number: c2 J 2 - 0 4 - _L_C- _tl i ➢ Existing Use: 0,r I Ll) }�tf re____- ➢ Property Size (in acres) Lit' Zone District: .)'_. t •( 'a ) Last Revised 12/29/08 I. GENERAL APPLICABILITY & SUBMITTAL REQUIREMENTS The following general application materials are required for all Administrative Review Applications in Garfield County. To determine if the use you request requires an Administrative Permit, refer to Table 3-501 and 3-502 of Article III. Application materials and review standards that are specific to an individual use (Accessory Dwelling Unit, Home Office, etc,) are detailed in Sections 3-301 of Article III and Section 7-801 of Article VII of the Unified Land Use Resolution (ULUR) of 2008. 1. Submit a completed and signed Application Form, an application fee, and a signed Agreement for Payment form. 2. Submit a narrative explaining the purpose of the application and supporting materials that address the standards and criteria found in Articles 111 and VII of the Unified Land Use Resolution of 2008. 3. Submit a copy of the deed showing ownership. Additionally, submit a letter from the property owner(s) if the owner is being represented by another party other than the owner. If the property is owned by a corporate entity (such as an LLC, LLLP, etc.) Please submit a copy of recorded "Statement of Authority" demonstrating that the person signing the application has the authority to act in that capacity for the entity. 4. Submit a vicinity map: An 8 '/ x 11 vicinity map locating the parcel in the County. The vicinity map shall clearly show the boundaries of the subject property and all property within a 3 -mile radius of the subject property. The map shall be at a minimum scale of 1"=2000' showing the general topographic and geographic relation of the proposed land use change to the surrounding area for which a copy of U.S.G.S. quadrangle map may be used. 5. Submit a Site Plan which is required in Section 4-502(C)(3) of Article IV which shall be scaled at 1 inch to 200 feet for properties exceeding 160 acres in size, or 1 inch to 100 feet for properties less than 160 acres in size. The Director may require, or the applicant may choose to submit, a more detailed version of all or part of the site plan. The site plan shall include the following elements. a) Legal description of the property. b) Boundary lines, corner pins, and dimensions of the subject property, including land survey data to identify the parcel with section corners, distance and bearing to corners, quarter corners, township and range. c) Existing and proposed topographic contours at vertical intervals sufficient to show the topography affecting the development and storm drainage. d) Significant on-site features including: natural and artificial drainage ways, wetland areas, ditches, hydrologic features and aquatic habitat; geologic features and hazards including slopes, alluvial fans, areas of subsidence, rock outcrops and rockfall areas, radiological and seismic hazard areas, soil types and landslide areas; vegetative cover; dams, reservoirs, excavations, and mines; and any other off-site features of the same type that influence the development. e) Existing and proposed parking areas, driveways, emergency turn -outs and emergency turnarounds, sidewalks and paths, shown by location and dimension. f) Existing and proposed roads, railroad tracks, irrigation ditches, fences and utility lines on or adjacent to the parcel, shown by location and dimension. g) Uses and grantees of all existing and proposed easements and rights-of-way on or adjacent to the parcel, shown by location and dimension. h) Area of the individual parcels, and the total square feet of existing buildings, driveways and parking area. i) Zone district in which the site is located. j) Location and dimension of all structures, existing and proposed, and distance of structures from property lines. k) Elevation drawings showing existing grade, finished grade, and height of the proposed structures above existing grade. I) Description of the proposed wastewater treatment system, including location and size of leach field, sewer service lines, and treatment facilities to serve the proposed use. m) Description of the source and capacity of the water supply, including location and size of well(s) and/or water lines to serve the proposed use. n) Location and size of signs for the purpose of identification, advertising and traffic control. o) Additional information that may be reasonably requested by the Director to enable an adequate evaluation of the proposal. 6. Submit a copy of the Pre -Application Conference form from the original Pre -Application Conference. 7. Submit 3 copies of this completed application and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the application has been deemed technically complete. II. Administrative Review Process The following section outlines and describes the Administrative Review process for the variety of uses that are governed by the Board of County Commissioners by the Unified Land Use Resolution of 2008 (ULUR). Please refer to Section 4-401 of Article IV in the regulations themselves for a higher level of detail. [The following process is required for applications for land use changes that are subject to Administrative Review as defined in Table 3-501 or 3-502 in Article 111.1 A. Outline of Process. The Administrative Review process shall consist of the following procedures which are more fully described in Sections 4-401 and 4-104 of Article IV: 1. Pre -Application Conference (Section 4-103(A)) 2. Application (4-103 (B)) 3. Determination of Completeness (4-103 (C)) 4. Evaluation by the Director/Staff Review (4-103 (E)) 5. Decision by Director I have read the statements above and have provided the required attached information whicis correct a • . ccurate to the best of my knowledge. I. ignature of Property Owner) /- ,5--,,T Date GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and Te Y r y U C_ Y-1 it U Property Owner (hereinafter OWNER) agree as follows: 1 OWNER h s submitted to COUNTY an application for e Yf'Y7/ 7- (hereinafter, THE PROJECT). 2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. OWNER and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to OWNER. OWNER agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE) SignatDate Print e Mailing Address: co©'7 4l C- ,7 3� Q/osv Page 4 COMMITMENT EOR TITLE INSURANCE SCHEDULE A File No. 0502022-1 1. Effective Date: February 20, 2009 at 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 6-17-06) Proposed Insured: (b) ALTA LOAN POLICY (ALTA 6-17-06) Proposed Insured: $0®00 3. The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and is at the effective date hereof vested in: Terry D. Davis and Victoria R. Davis 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and described as follows; Township 6 South, Ranee 92 West of the 6th Y.M. Section 6: SW1/4SE1/4 TITLE CHARGES Informational Commitment Only COUNTERSIGNED: American Land Title Association Schedule A (Rev'd 6-06) C(11.--(5, )i, Authorized $0.00 gent Valid Only if Schedule B and Cover Are Attached Issuing Agent: Commonwealth Title Company of Garfield County, Inc. 127 East 5th Street Rifle, CO 81650 c No. 0502022-1 SCHEDULE B - SECTION 1 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 Schedule 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. This commitment is for informational purposes only and no policy will be issued. NM 6 American Land Title Association Commitment Schedule 13 - Section 1 - Form 1004-5 File No. 0502022-1 SCHEDULE B - SECTION 2 Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the 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 the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the premises would disclose, and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 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 water, whether or not the matters excepted are shown by the public record. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded June 15, 1892 in Book 12 at Page 170. 10. Perpetual easement and right of way for the transportation of water across the SWI/4SE1/4 of Section 6 as conveyed in deed recorded march 19, 1937 in Book 185 at Page 275. 11. Easement or rights of way for livestock watering and for installation and maintenance of a water pipeline and utility lines as described in deed recorded July 23, 1990 in Book 784 at Page 98. 12. Easement and right of way for any existing irrigation ditches, laterals, canals or pipelines. 13. Right of way (whether in fee or easement) for County Road No. 225. 14. Any and all matters disclosed on Improvement Survey by BookcIiff Survey Services dated February 9, 2005. 15. Terms and conditions of Oil and Gas Lease by and between Terry D. Davis and Victoria R. Davis, as Lessor and Antero Resurces II Corporation, as Lessee, recorded June 23, 2005 in Book 1699 at Page 649, Affidavit to Extend Primary Terni of Lease recorded May 5, 2008 as Reception No. 747931, and any and all interests therein or assignments thereof. NOTE: EXCEPTION(S) N/A WILL NOT APPEAR IN THE POLICY TO BE ISSUED HEREUNDER. The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B - Section 2, the following items: (l) The Deed of Trust, if any, required under Schedule B - Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. (3) any and alt unpaid taxes, assessments and unredeemed tax sales. NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. American Land Title Association Commitment Schedule B - Section 2 Font 1004-12 d OT ✓ n cu.✓✓ ✓ Producers 88 - PAID UP Revised PAID-UP OIL AND GAS LEASE AGREEMENT, Made and entered into the 29th day of April , 200 5 , by and between Terry D. Davis and Victoria R. Davis, husband and wife, JTS whose address is P.O. Box 1926 Eagle, CO 81631 , hereinafter called Lessor (whether one or more) and Antero Resources 11 Corporation whose address is 1625 17`" Street, Suite 300, Denver, CO 80202 hereinafter called Lessee. WITNESSETH, That the Lessor. for and in consideration of TEN AND MORE. DOLLARS (S10.00+) cash in hand paid. the receipt of which is hereby acknowledged, and the covenants and agreements hereinafter contained, has granted, demised, leased and let, and by these presents does grant, demise, lease and let exclusively unto the said Lessee, thc land hereinafter described, with thc exclusive right for the purpose of drilling, mining, exploring by geophysical and other methods, and operating for and producing therefrom oil and alt gas of whatsoever nature or kind, specifically including coalbed methane and any and all substances produced in association therewith from coal -bearing formations, with rights of way and easements for roads, laying pipe lines, and erection of structures thereon to produce, save and take care of said products. all that certain tract of land situated in the County of Garfield Stale of CO, described as follows, to -wit: TOWNSHIP 6 SOUTH RANGE 92 WEST of the 6m P.M. Section 6: SWSE EXHIBIT `B" : WELL PAD LOCATION ATTACHED HERETO AND MADE A PART HEREOF Lessors herein intend to lease any right, title and interest Lessors may have in and to any and all mineral rights on, in and under any and all streets, county roads, highways, railroad strips and/or any and all other easements and rights of way whatsoever. canals. ditches and other waterways lying across and/or adjacent and/or in any way appertaining to the lands hereinabove described, including without limitation any lands acquired by accretion through meander of waterways. together with any reversionary rights therein, and together with all strips or parcels of land, (not, however, to be construed to include parcels comprising a regular 40 - acre legal subdivision or lot of approximately corresponding size) adjoining or contiguous to the above described land and owned or claimed by Lessor, and containing 40,00 acres more or less. I. It is agreed that this lease shall remain in force for a term of three (3) years and as long thereafter as oil or gas of whatsoever nature or kind is produced from said leased premises or on acreage pooled therewith, or drilling operations are continued as hereinafter provided. If, at the expiration of the primary term of this lease, oil or gas is not being produced on the leased premises or on acreage pooled therewith but Lessee is then engaged in drilling or re -working operations thereon, then this lease shall continue to force so long as operations are being continuously prosecuted on the leased premises or on acreage pooled therewith; and operations shall be considered to be continuously prosecuted if not more than ninety (90) days shall elapse between the completion or abandonment of one well and the beginning of operations for the drilling of a subsequent well. If after discovery of oil or gas on said land or on acreage pooled therewith, the production thereof should cease from any cause after the primary term, this lease shall not terminate if Lessee commences additional drilling or re -working operations within ninety (90) days from date of cessation of production or from date of completion of dry hole. If oil or gas shall be discovered and produced as a result of such operations at or after the expiration of the primary term of this lease, this lease shall continue in force so long as oil or gas is produced from the leased premises or on acreage pooled therewith. In the event a well or wells is drilled and completed on the lands, or on the lands pooled therewith, for the purpose of developing coalbed gas, the word "operations" shall mean, in addition to those matters covered in the preceding paragraph. (I) operations of said wells to remove water or other substances from the coalbed, or to dispose of such water or other substances, even though such operations do not result in the production of hydrocarbons in paying quantities, or (2) shutting -in or otherwise discontinuing production from said wells l0 allow for surface or underground mining affecting the drillsite or wellbore. 2. This is a PAID-UP LEASE. In consideration of the down cash payment, Lessor agrees that Lessee shall not be obligated, except as otherwise provided herein, to commence or continue any operations during the primary' term. Lessee may at any time or times during or after the primary term surrender this lease as to all or any portion of said land and as to any strata or stratum by delivering to Lessor or by fling for record a release or releases, and be relieved of all obligation thereafter accruing as to the acreage surrendered. 3. En consideration of the premises the said Lessee covenants and agrees: 1st To deliver to the credit of Lessor, free of cost, in the pipe line to which Lessee may connect wells on said land, the equal eighteen percent (15%) pan of all oil produced and saved from the leased premises. 2nd To pay Lessor on gas and casinghead gas produced from said land (1) when sold by Lessee eighteen percent (18%1 of the net proceeds derived from such sale or (2) when used by Lessee off said land or in the manufacture of gasoline or other products, the market value, at the mouth of the well of eighteen percent (18%) of such gas and casinghead gas. 3rd To pay Lessor for gas produced from any oil well and used off the premises or in the manufacture of gasoline or any other product, a royalty of eighteen Dement (18.00%l of the proceeds, at the mouth of the well, payable monthly at the prevailing market rate. 4. Where gas from a well capable of producing gas is not sold or used. Lessee may pay or tender as royalty to the royalty owners One Dollar per year per net acre retained hereunder, such payment or tender to be made on or before the anniversary date of this lease next ensuing after the expiration of 90 days from the date such well is shut in and thereafter on or before the anniversary date of this lease during the period such well is shut in. If such payment or tender is made, it will be considered that gas is being produced within the meaning of this lease 5- If said Lessor owns a less interest in the above described land than the entire and undivided fee simple estate therein, then the royalties (including any shut-in gas royalty) herein provided for shall be paid the Lessor only in the proportion which Lessor's interest bears to the whole and undivided fee. 6. Lessee shall have the right to use, free of cost, gas, oil and water produced on said land for Lessee's operation thereon, 7 When requested by Lessor, Lessee shall bury Lessee's pipeline below plow depth. 8. No well shall be drilled nearer than 200 feet to the house or barn now on said premises without written consent of Lessor. 9. Lessee shall pay for damages caused by Lessee's operations to growing crops on said land. 10. Lessee shrill have the right at any time to remove all machinery and fixtures placed on said premises, including the right to draw and remove casing. 11. The rights of Lessor and Lessee hereunder may be assigned in whole or part. No change in ownership of Lessor's interest (by assignment or otherwise) shall be binding on Lessee until Lessee has been furnished with notice, consisting of certified copies of all recorded instruments or documents and other information necessary to establish a complete chain of record title from Lessor, and then only with respect to payments thereafter made. No other kind of notice, whether actual or constructive, shall be binding on Lessee. No present or future division of Lessor's ownership as to different portions or parcels of said land shall operate to enlarge the obligations or diminish the rights of Lessee, and all Lessee's operations may be conducted without regard to any such division. If all or any pan of this lease is assigned, no leasehold owner shall be liable for any act or omission of any other leasehold owner. 12. Lessee, at its option, is hereby given the right and power at any time and from time to time as a recurring right, either before or after production, as to all or any pan of the land described herein and as to any one or more of the formations hereunder, to pool or unitize the leasehold estate and the mineral estate covered by this lease with other land, lease or leases in the immediate vicinity for the production of oil and gas, or separately for the production of either, when in Lessee's judgment it is necessary or advisable to do so, and irrespective of whether authority similar to this exists with respect to such other land, lease or leases. Likewise, units previously formed to include formations not producing oil or gas, may be reformed to exclude such non -producing formations. The forming or reforming of any unit shall be accomplished by Lessee executing and tiling of record a declaration of such unitization or reformation, which declaration shall describe the unit. Any unit may include land upon which a well has theretofore been completed or upon which operations for drilling have theretofore been commenced. Production, drilling or reworking operations or a well shut in for want of a market anywhere on a unit which includes all or a pan of this lease shall be treated as if it were production, drilling or reworking operations or a wen shut in for want of a market under this lease. N lieu of the royalties elsewhere herein specified, including shu: in gas royat'rs. Lessor shall receive on production from the unit so pooled royalties only on the portion of such pr d-ct:On af. , d :o nus a s ;'r _ ti - proportion of the unit production the'. the teal number of surfaze Ines s .-d - 1'7.3 `CI:Scc....-r.,-et :t_ . _ a -» --.e, :f 1111111111111111111111111111: III 1111111111111 676766 06/23/2005 11:42P B1699 P650 M PLSDORF 2 of 5 R 26.00 D 0 00 GARFIELD COUNTY CO 13. When operations o production are delayed or interrupted by lack of wafer, labor or material, or by fire. storm, flood, war rebellion, insurrection, not, strike, differences with workmen, or failure of carriers to furnish transport or furnish facilities for transportation or lack of market in the field for the minerals produced, or as result of any cau e whatsoever beyond the control of Lessee, the time of such delay or interruption shall not be counted against Lessee and this lease shall remain in force during such delay or interruption and ninety (90) days thereafter, anything in this lease to the contrary notwithstanding. 14. Lessor hereby warrants and agrees to defend the title to the lands herein described, and agrees that the Lessee shall have the right at any lime to redeem for Lessor, by payment, any mortgages, taxes or other liens on the above described lands, in the event of default of payment by Lessor and be subrogated to the rights of the holder thereof, and the undersigned Lessors, for themselves and their heirs, successors and assigns, hereby surrender and release all right of dower and homestead in the premises described herein, insofar as said right of dower and homestead may in any way affect the purposes for which this lease is made, as recited herein. 15. Should any one or more of the panics hereinabove named as Lessor fail to execute this lease, 11 shall nevertheless be binding upon all such panics who do execute it as Lessor. The word Lessor," as used in this lease shall mean any one or more or all of the parties who execute this lease as Lessor. All the provisions of this lease shall be binding on the heirs, successors and assigns of Lessor and Lessee. 16. Lessor agrees that Lessee may locate a well or wells on a drilling site located on part of the land specified by the attached Exhibit "B" described herein, including the right to a subsurface easement through any part of the land described herein, which wells will be used to access the subsurface of adjacent mineral owners. 17. Notwithstanding anything to the contrary contained herein, lessee has the option to extend the primary term an additional one (1) year with the payment of an amount equal to $400 per net acre, such amount being paid to Lessor on or before the expiration of the primary Icon set forth above in paragraph 1. Such payment shall be considered tendered by Lessee and received by Lessor when deposited, postage -paid, in the United States mail, or with a nationally recognized carrier service. 18. Preferential Right. For the consideration herein recited, if during the term of this lease (but not more than 20 years after the date hereof) Lessor receives a bona fide offer from any party to purchase a new lease covering all or any part of the lands or substances covered hereby, and if Lessor is willing to accept such offer, then Lessor shall promptly notify Lessee in writing of the name and address of the offeror, and of all pertinent teens and conditions of the offer, including any (ease bonus offered. Lessee shall have a period of 30 days after receipt of such notice to exercise a preferential right to purchase a new lease from Lessor in accordance with dee terms and conditions of the offer, by giving Lessor written notice of such exercise. Promptly thereafter, Lessee shall famish to Lessor the new lease for execution, along with a time draft for the lease bonus conditioned upon execution and delivery of the lease by Lessor and approval of title by Lessee, all in accordance with the terms of said draft. Whether or not Lessee exercises its preferential right hereunder, then as long as this lease remains in effect any new lease from the Lessor shall be subordinate to (his lease and shall not be construed as replacing or adding to Lessee's obligations hereunder. IN WITNESS WHEREOF, this instrument is executed as of the date first above written. Lia Terry 0vis. STATE of Colorado COUNTY of Garfield V'-"oria R. Davis T-/l/�rJf ACKNOWLEDGEMENT -INDIVIDUAL BEFORE ME, the undersigned, as NotaryPublic, in and for said County and State. on this v'" day of /1.44.T,/1.44.T,personally appeared Ci2Rr Y v- 3A u�-. r r U.r�(Ydn li. b,',, ,200 5 , to me known to be the identical person , described in and who executed the within and foregoing instrument of writing and acknowledged to me that 1- he duly executed same as e.,,,,r free and voluntary act and deed for the uses and purposes therein set forth and in the capacity stated therein. IN WI NESS WHEREOF, I have hereunto set my hand and affixed a maria) seal the day za,d year last above written. . OCIrj°7p� ,,t Jr %U i fl 7.... bd Itfa ,cel N i.r' My Commission Expires: September 22, 2008 STATE of COUNTY of Notary Public: David Strickli Address: P.O. Box 1214, Glenwood Springs, CO 81602 ACKNOWLEDGEMENT -INDIVIDUAL BEFORE ME, the undersigned, a Notary Public, in and for said County and State, on this personally appeared day of , 200 , to me known to be the identical person _ , described in and who executed the within and foregoing instrument of writing and acknowledged to me that _ he duly executed same as free and voluntary act and deed for the uses and purposes therein set forth and in the capacity stated therein. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my notarial seal the day and year last above written. My Commission Expires: Notary Public: Address: AMENDMENT OF PAID-UP OIL AND GAS LEASE WHEREAS, Terry D. Davis and Victoria R. Davis, Joint Tenants, as Lessor, and Antero Resources Piceance Corporation (formerly Antero Resources I1 Corporation), as Lessee, entered into and delivered a certain Paid -Up Oil and Gas Lease (hereafter "Lease") effective April 29, 2005, (hereafter "Effective Date") covering the following described land situated in Garfield County, Colorado, recorded at Book 1699, Page 649, in the official records of said County: Township 6 South, Range 92 West of the 6th P.M. Section 6: SW/4 SE/4 WHEREAS, numerical paragraph 1 of the Lease provides for a primary term of three (3) years; WHEREAS, the parties desire to amend the Lease to provide for a primary term of six (6) years from the Effective Date. NOW THEREFORE, in consideration of the promises and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Numerical paragraph 1 of the Lease is hereby amended to provide for a primary term of six (6) years from the Effective Date. 2. The parties acknowledge that all terms of the original lease have been complied with and all terms and conditions of the original lease shall be in full force and effect and are hereby made a part and parcel of this amendment as though they were fully set forth herein; in particular, but without limiting the foregoing, the amendment of the primary term as provided for herein does not affect numerical paragraph 17 of the Lease which affords Lessee the option to extend the primary term an additional one (1) year, and that such option to extend remains in full force and effect. 3. Except as herein modified, all terms and provisions of the Lease, and all amendments thereto, are hereby ratified and confirmed to be in full force and effect. Dated as of March 21, 2008.• dill (! ex L 1 /e/is-7� Terry D. Davis Victoria R. Davis State of Ll1U✓yi) County of ) ss. Li) w,) /Oct E. i 7t71,/leri» i-9/715 ACKNOWLEDGEMENT Before me, the undersigned, a Notary Public, in and for said County and State, on this day of , 2008, personally appeared Terry D. Davis and Victoria R. Davis , to me known to be the identical person(s), described in and who executed this instrument and acknowledge to me that they duly executed same as their free and voluntary act and deed for the uses and purposes therein set forth and in the capacity stated therein. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last above written. My commission expires: GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Molly Orkild-Larson PROJECT: Davis ADU OWNER: Terry Davis ZONING: Rural COMPREHENSIVE PLAN: Outlying Residential REPRESENTATIVE: Terry Davis PRACTICAL LOCATION: 0074 CR 225, Antlers Lane, Rifle, CO TYPE OF APPLICATION: Administrative Review for Accessory Dwelling Unit PreApp DATE: December 4, 2009 PARCEL: 2179-064-00-071 GENERAL PROJECT DESCRIPTION — The site is located on County Road 225, east of Rifle. The parcel is 40 acres in size and zoned Rural. There is an existing single family home on the parcel which the applicants are presently residing. The applicants plan to build another single family residence on the north portion of the property and establish this dwelling as their new home. Once this occurs, the existing residence is to become an Accessory Dwelling Unit (ADU). A building permit for the new residence has been submitted and under review with Garfield County Building Department but will not be issued until the ADU application is approved. Water from a spring currently serves the existing residence and will be used as the potable water source for the new residence. Wastewater is via ISDS for the existing residence and an ISDS is also proposed for the new residence. The Rural Zoning District allows an ADU, with Administrative Review and Approval, if the lot area is at least the minimum required lot area of two acres in the Rural Zoning District. The applicant's proposal of an ADU on 40 acres meets this requirement. The discussion over submittal requirements noted that public notice and a site plan are required. Divisions 1 and 2 of Article VII of the Unified Land Use Resolution 2008 have additional submittal requirements for all Land Use Change Permits, including Administrative Permits. The applicant's narrative should discuss which standards are met that are listed in Divisions 1 and 2 (Le., water and/or sewage disposal) and which may not apply and request the Director to waiver those submittal requirements (ditches, wildlife, etc.). Proof of adequate water must be demonstrated in addition to copies of well permits issued by the Colorado Division of Water Resources. The Unified Land Use Resolution requires proof of "quality and quantity" which is discussed in Section 7-104. I. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS: • Garfield County Comprehensive Plan 2000 as amended • Garfield County Unified Land Use Resolution of 2008 as amended o Article III, Zoning • Rural Zone District (Section 3-202) o Article IV, Application and Review Procedures • Administrative Review Process (Section 4-104) • Application Materials (Section 4-501 A) • Description of Submittal Requirements (Section 4-502 (C) (2) and 4-502 (C) (3)) o Article VII, Standards • General Approval Standards for Land Use Change Permits (Division 1) • General Resource Protection Standards for Land Use Change Permits (Division 2) • Additional Standards Applicable to An Accessory Dwelling Unit (Section 7- 801) 1I. PROCESS In summary, the process will be the following Administrative Review Process (Section 4- 104): 1. Pre -application Conference (held 12/04/2009) 2. Submittal of complete Administrative Application (Section 4-501 A) a. Application Form and Fees b. Vicinity Map (Section 4-502 (C) (2)) c. Site Plan (Section 4-502 (C) (3)) d. Assessors Map e. List of property owners within 200 feet and mineral rights owners of the subject property (of parcel # 2179-064-00-071) f. Additional requirements of Article VII, Divisions 1 and 2; and , Section 7-801 (unless waived by Director) g. Statement of Authority from owner if representative is used h. Payment Agreement Form 3. Review by staff for Technically Complete (TC) Status 4. Notice of TC to applicant with schedule; Applicant submits copies for referral to reviewing agencies; 5. Applicant prepares public notice for mailing by certified mail to adjacent property owners within 200' 2 6. Decision date scheduled for Director and copies sent to referring agencies and departments 7. Staff report preparation and Director's Decision. Director issues permit ten days following Decision if no appeals filed. III. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: X Director Planning Commission Board of County Commissioners _ Board of Adjustment c. Referral Agencies: Garfield County Road and Bridge Garfield County Attorney Garfield County Public Health School District Fire District City of Rifle IV. APPLICATION REVIEW FEES a. Planning Review Fees:$ 250.00 b. Referral Agency Fees: $ (Separate Check, see attached fee schedule) c. Total Deposit: $ 250.00 (additional hours are billed at $ 40.50 /hour) General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. 3 Pre -application Summary Prepared by: Molly Orkild arson, AICP, RLA Date Senior Planner Attachments: A digital version of the General Application is available on-line at; ://www.qarfield- county.com/Index.aspx?page=1113 Please refer to the following sections of the Unified Land Use Resolution of 2008 located at; ://www.garfield-county.com/Index.aspx?paqe=578 Section 3-202 Section 4-501, Application Materials Section 4-502, Description of Submittal Requirements Article VII, Division 1 and 2 Section 7-801, Accessory Dwelling Unit Article 16, Definitions 4 Informational Water Quality Report Watercheck w/PO Client: Terry Davis Ordered By: Aqua Tec Systems, Inc. P.O. Box 488 Glenwood Springs, CO 81602-0488 ATTN: Tom Platzer Definition and Legend A National Testing Laboratories, Ltd. Quality Water A via.lya4 6571 Wilson Mills Rd Cleveland, Ohio 44143 1-800-458-3330 Sample Number: 804823 Location: Type of Water: Collection Date and Time: Received Date and Time: Date Completed: Lower Spring, Co Rd 225 Well Water 3/2/2009 12:30 3/3/2009 09:00 03/20/2009 This informational water quality report compares the actual test result to national standards as defined in the EPA's Primary and Secondary Drinking Water Regulations. Primary Standards: Secondary standards: Action levels: mg/L (ppm): Minimum Detection Level (MDL): ND: NA: • A x Are expressed as the maximum contaminant level (MCL) which is the highest level of contaminant that is allowed in drinking water. MCLs are enforceable standards. Are non -enforceable guidelines regulating contaminants that may cause cosmetic effects (such as skin or tooth discoloration) or aesthetic effects (such as taste, odor,or color) in drinking water. Individual states may choose to adopt them as enforceable standards. Are defined in treatment techniques which are required processes intended to reduce the level of a contaminant in drinking water. Unless otherwise indicated, results and standards are expressed as an amount in milligrams per liter or parts per million. The lowest level that the laboratory can detect a contaminant. The contaminant was not detected above the minimum detection level. The contaminant was not analyzed. The contaminant was not detected in the sample above the minimum detection level. The contaminant was detected at or above the minimum detection level, but not above the referenced standard. The contaminant was detected above the standard, which is not an EPA enforceable MCL. The contaminant was detected above the EPA enforceable MCL. These results may be invalid. Status Contaminant Results Units National Standards Min. Detection Level Microbiologicals vfr Total Coliform by P/A Total Coliform bacteria was ABSENT in this sample. Inorganic Analytes - Metals ✓ Aluminum ND mg/L 0.2 EPA Secondary 0.1 Arsenic ND mg/L 0.01 EPA Primary 0.005 • Barium ND mg/L 2 EPA Primary 0.30 Cadmium ND mg/L 0.005 EPA Primary 0.002 • Calcium 101.0 mg/L 2.0 Chromium ND mg/L 0.1 EPA Primary 0.010 • Copper 0.005 mg/L 1.3 EPA Action Level 0.004 Iron ND mg/L 0.3 EPA Secondary 0.020 Lead ND mg/L 0.015 EPA Action Level 0.002 • Magnesium 64.10 mg/L 0.10 Manganese ND mg/L 0.05 EPA Secondary 0.004 Mercury ND mg/L 0.002 EPA Primary 0.001 Nickel ND mg/L — 0.02 • Potassium 4.1 mg/L -- 1.0 Selenium ND mg/L 0.05 EPA Primary 0.020 • Silica 18.50 mg/L 1.00 Silver ND mg/L 0.1 EPA Secondary 0.002 • Sodium 129 mg/L 1 • Zinc 0.005 mg/L 5 EPA Secondary 0.004 Physical Factors • Alkalinity (Total) 500 mg/L 20 Hardness 520 mg/L 100 NTL Internal 10 Nir pH 6.7 pH Units 6.5 to 8.5 EPA Secondary Total Dissolved Solids 1200 mg/L 500 EPA Secondary 20 Turbidity ND NTU 1 EPA Action Level 0.1 Page 2 of 6 1/19/2010 3:58:11 PM Product: Watercheck w1PO Sample: 804823 Status Contaminant Results Units National Standards Min. Detection Level Inorganic Analytes - Other • Chloride 180.0 mg/L 250 EPA Secondary 5.0 • Fluoride 0.7 mg/L 4 EPA Primary 0.5 • Nitrate as N 1.7 mg/L 10 EPA Primary 0.5 Nitrite as N ND mg/L 1 EPA Primary 0.5 Ortho Phosphate ND mg/L 2.0 Sulfate 450.0 mg/L 250 EPA Secondary 5.0 Organic Analytes - Trihalomethanes Bromodichloromethane ND mg/L 0.002 Bromoform ND mg/L 0.004 .4( Chloroform ND mg/L 0.002 Dibromochloromethane ND mg/L 0.004 ./ Total THMs ND mg/L 0.08 EPA Primary 0.002 Organic Analytes - Volatiles 1,1,1,2 -Tetrachloroethane ND mg/L 0.002 .� 1,1,1 -Trichloroethane ND mg/L 0.2 EPA Primary 0.001 1,1,2,2 -Tetrachloroethane ND mg/L 0.002 .� 1,1,2 -Trichloroethane ND mg/L 0.005 EPA Primary 0.002 1,1-Dichloroethane ND mg/L 0.002 .� 1,1-Dichloroethene ND mg/L 0.007 EPA Primary 0.001 1,1-Dichloropropene ND mg/L 0.002 1,2,3-Trichlorobenzene ND mg/L 0.002 e� 1,2,3-Trichloropropane ND mg/L 0.002 .� 1,2,4-Trichlorobenzene ND mg/L 0.07 EPA Primary 0.002 1,2 -Dichlorobenzene ND mg/L 0.6 EPA Primary 0.001 1,2-Dichloroethane ND mg/L 0.005 EPA Primary 0.001 1,2-Dichloropropane ND mg/L 0.005 EPA Primary 0.002 f 1,3 -Dichlorobenzene ND mg/L 0.001 Page 3 of 6 1/19/2010 3:58:11 PM Product: Watercheck w/PO Sample: 804823 Status Contaminant 1%Results Units :I National Standards Min. Detection Level 1,3-Dichloropropane ND mg/L 0.002 1,4 -Dichlorobenzene ND mg/L 0.075 EPA Primary 0.001 2,2-Dichloropropane ND mg/L 0,002 • 2-Chlorotoluene ND mg/L 0.001 4-Chlorotoluene ND mg/L 0.001 Acetone ND mg/L 0.01 Benzene ND mg/L 0.005 EPA Primary 0.001 4, Bromobenzene ND mg/L 0.002 Bromomethane ND mg/L -- 0.002 Carbon Tetrachloride ND mg/L 0.005 EPA Primary 0.001 Chlorobenzene ND mg/L 0.1 EPA Primary 0.001 Chloroethane ND mg/L -- 0.002 • Chloromethane ND mg/L 0.002 • cis-1,2-Dichloroethene ND mg/L 0.07 EPA Primary 0.002 4, cis-1,3-Dichloropropene ND mg/L 0.002 • DBCP ND mg/L 0.001 Dibromomethane ND mg/L -- 0.002 Dichlorodifluoromethane ND mg/L 0.002 1 Dichloromethane ND mg/L 0.005 EPA Primary 0.002 EDB ND mg/L -- 0.001 Ethylbenzene ND mg/L 0.7 EPA Primary 0.001 qr Methyl Tert Butyl Ether ND mg/L -- 0.004 47 Methyl -Ethyl Ketone ND mg/L 0.01 • Styrene ND mg/L 0.1 EPA Primary 0.001 Tetrachloroethene ND mg/L 0.005 EPA Primary 0.002 Tetrahydrofuran ND mg/L 0.01 Toluene ND mg/L 1 EPA Primary 0.001 • trans-1,2-Dichloroethene ND mg/L 0.1 EPA Primary 0.002 Page 4 of 6 1/19/2010 3:58:11 PM Product: Watercheck w/PO Sample: 804823 Status Contaminant Results Units National Standards Min. Detection Level trans-1,3-Dichloropropene ND mg/L 0.002 Trichloroethene ND mg/L 0.005 EPA Primary 0.001 Trichlorofluoromethane ND mg/L 0.002 Vinyl Chloride ND mg/L 0.002 EPA Primary 0.001 Xylenes (Total) ND mg/L 10 EPA Primary 0.001 Organic Analytes - Others 2,4-D ND mg/L 0.07 EPA Primary 0.010 Alachlor ND mg/L 0.002 EPA Primary 0.001 Aldrin ND mg/L 0.002 Atrazine ND mg/L 0.003 EPA Primary 0.002 Vr. Chlordane ND mg/L 0.002 EPA Primary 0.001 Dichloran ND mg/L 0.002 Dieldrin NO mg/L 0.001 s% Endrin ND mg/L 0.002 EPA Primary 0.0001 Heptachlor Heptachlor Epoxide ND mg/L 0.0004 EPA Primary 0.0004 ND mg/L 0.0002 EPA Primary 0.0001 Hexachlorobenzene ND mg/L 0.001 EPA Primary 0.0005 Hexachlorocyclopentadiene ND mg/L 0.05 EPA Primary 0.001 Lindane ND mg/L 0.0002 EPA Primary 0.0002 Methoxychlor ND mg/L 0.04 EPA Primary 0.002 PCB ND mg/L 0.0005 EPA Primary 0.0005 Pentachloronitrobenzene ND mg/L 0.002 ®iC Silvex 2,4,5 -TP ND mg/L 0.05 EPA Primary 0.005 oir Simazine ND mg/L 0.004 EPA Primary 0.002 Toxaphene ND mg/L 0.003 EPA Primary 0.001 Trifluralin ND mg/L 0.002 Page 5 of 6 1/19/2010 3:58:11 PM Product: Watercheck w/PO Sample: 804823 Status Contaminant Results Units National Standards Min. Detection Level We certify that the analyses performed for this report are accurate, and that the laboratory test were conducted by methods approved by the U.S. Environmental Protection Agency or variations of these EPA methods. These test results are intended to be used for informational purposes only and may not be used for regulatory compliance. National Testing Laboratories, Ltd. NATIONAL TESTING LABORATORIES, LTD Page 6 of 6 1119/2010 3:58:11 PM Product: Watercheck w/P0 Sample: 804823 Map Map RJ' u v,i, .r.. I; r R R R R R RRRRR 2 233( R - R R R R R R P RR RR R R R R 233 RR R �\ R R R1 2231 R R,,r;4 RR R R RR 6yrR R(210 R) R R RRRR,/RR F' .')R R R R R 1.; R N. 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R R;R R RR R RR RRR " R RIP R R R P 216-,;, R R 1.R R R-1-4' RR R R R! R R R R R RR 0.2 0.1 0 0.2 Miles Parcels w/Zoning Labels Colorado Counties Addresses State or Federal Highway State, Federal Highway =1-70 County Road Trails, Pvt Roads Railroad Rivers and Lakes Streams and Ditches City or Town Rifle Water Restriction Zone Overlay City Streets Groundwater use prohibited Zoning 2009 LocalStreets Public Lands Rural Industrial Page 1 of 1 Zoning 2009 (continued) Commercial/General Commercial/Limited Planned Development Planned Unit Development Resource Lands Residential/Mobile Home Park Residential/Urban Residential/Suburban Public Airport __City Zoning ERight-of-Way http://gismaps.garfield-county. com/ZoningMap/ 1/15/2010 'I I 111 �� Val C -I ' y L i 628.98' S 89'25'12" DAVIS SITE PLAN THE SW 1 /4 OF THE SE 1/4 OF SECTION 6 TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN COUNTY OF GARFIELD, STATE OF COLORADO W 116.92' --� - 1349.56' SZZ OVOH AlNf133 FOUND 2 1/2" DIAMETER STEEL CAP ON 2" DIAMETER STEEL PIPE MARKING A 16.5' WITNESS CORNER FOR THE SOUTH Y4 OF SECTION 6 i PROPOSED ELECTRICAL AND TELEPHONE PROPOSED NATURAL GAS LINE - 100 PA -4 lnJ ELECTRICAL TRANSFORMER PA -3, 1 ADJUDICATED SPRING COLLECTION SYSTEM GRAPHIC SCALE 0 60 100 200 PA -2 400 (INFEET ) 1 inch = 100 ft 1075 SQ FT N89'43'29"E COUNTY ROAD 225 LEGEND EXISTING CONTOURS CONTOURS PROPOSED CONTOURS 5490 5489 DAVIS 1 1,704,426 sq. ft. 39.128 acres PA -1 r 1319.03' x x x x x x x DIRECTION OF PROPOSED DRAINAGE x x x EXISTING FENCE FG = FINISH GRADE AT HOUSE CORNER CD INDICATES SEPTIC TANK FOUND 1" DIAMETER YELLOW PLASTIC CAP LS 13501 ON #5 REBAR MARKING THE SE )4s CORNER FOR SECTION 6 U) rri N 00'34'32"E FOUND 3 Y4" DIAMETER ALUMINUM CAP LS 36572 ON #6 REBAR MARKING THE EAST )46 CORNER FOR SECTIONS 6 AND 7 0 1 1 6.92' 494.00 FIRST FLOOR EL = 5495.00 SECOND FLOOR EL - 5505.15 RIDGE EL - 5519.06 113 / .549.56' SASS: es. 20 GP -_. *-__<0.;-sC,Ntk GRAPHIC SCALE 0 10 20 40 f10 NOTES 1) DATE OF SURVEY: APRIL 14, 2009 AND JANUARY 12,2010 2) CURRENT ZONING ON THE SUBJECT PARCEL SHOWN HEREON IS RURAL. 3) CONTOUR INTERVAL = 1'. ( IN FEET ) 1 inch = 20 ft. SCALE: 1" = 100' (24"X26") DATE: APRIL 27, 2009 REV NO. DATE REVISION DESCRIPTION DRAWN BY: JRC CHECKED BY: JRC DAVIS SITE PLAN SILT, COLORADO JOHN R. CURRAN, PLS 4544 COUNTY ROAD 320 RIFLE, COLO. 61650 (970) 625-3365 SIIderock 19 560Yahoo.corn SHEET NO. PROJECT: DAVIS DAVIS SITE PLAN THE SW 1/4 OF THE SE 1/4 OF SECTION 6 TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN COUNTY OF GARFIELD, STATE OF COLORADO SCAL 99 = 1000' SCAB 1" = 5000' DAVIS SITE PLAN SILT, COLORADO r TERRY D. & VICTORIA R. DAVIS 0074 CR 225 Rifle, CO 81650 January 19, 2010 Garfield County Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Attn: Molly Orkild-Larson The purpose of this letter is to apply for an Additional Dwelling Unit "ADU" on a 40 acre parcel of land described as the SW 1/4 of the SE 1/4 of Section 6, Township 6 South, and Range 92 West of the Principal Meridian. Our primary residence will be located along the northerly property line (see attached site plan) with the existing residence located along the southerly boundary line becoming a care takers residence. Attached to this letter are all the requirements needed to complete the package for submittal and approval. Sincerely, Terry D. Davis Victoria R. Davis Printer Friendly vie \\ Query: ParcelNumberlD = 217906300558 Found 1 result on 1 page Account# Summary / 8210940 2179-063-00- SNYDER, WILLIAM 558 PAUL & LAVONNE M. 000217 225 COUNTY RD Rifle 81650 Section: 6 Township: 6 Range: 92 A TR IN LOT 6 .AKA Lot... Picture Query: ParcelNumberlD = 217906300688 Found 1 result on 1 page Account# Summary / R0409002179-063-00- PARRINGTON, ROBERT 003390 210 Section: 6 Township: 6 Range: 92 688 J & JANELLE L COUNTY RD Subdivision: PARRINGT... Rifle 81650 Query: ParcelNumberlD = 217907200494 Found 1 result on 1 page Account# Summary P.210835 2179-072-00- GOLDMAN, EDITH 494 Query: ParcelNumberID = 217907200495 Found 1 result on 1 page Account# Summary 000141 225 COUNTY RD Rifle 81650 Picture Section: 7 Township: 6 Range: 92 A TR INLTS2&3 2179-072-00- GOMEZ, MANUEL P. & 000135 225 VR210836 495 TINA RENEE COUNTY RD Rifle 81650 Picture a Section: 7 Township: 6 Range: 92 A TR IN LOTS 2 & 3 Picture Query: ParcelNumberID = 217906300069 Found 1 result on 1 page Account# Summary 2179-063-00- COX, ASHLEY & 000313 225 Section: 6 Township: 6 Range: 92 A TR IR210057 069 VALERIE COUNTY RD IN THE SW4 CUNT 2... Rifle 81650 Picture Printer friendly view Query: ParcelNumberlD = 217906400251 Found 1 result on 1 page Account# Summary R210058 2179-064-00- WOOLSEY, STEVE L. & 000277 MILLER LN Section: 6 Township: 6 Range: 92 A TR 251 KATHRYN A. Rifle 81650 IN THE EI/2SE. Picture Query: ParcelNumberID = 217906400425 Found 1 result on 1 page Account# Summary • /R210737 2179-064-00- MURR, RICHARD J. 425 _J l Section: 6 Township: 6 Range: 92 Silt SENE. E2SE(NE1' 65.71 A... Query: ParcelNumberID = 217906400477 Found 1 result on 1 page Account# Summary Picture Picture 1R210809 2179-064-00- COSTANZO, KEVIN D & 000514 225 Section: 6 Township: 6 Range: 92 A TR 477 LYNDA L COUNTY RD IN NWSE AKA LOT 2,.. r' Silt 81652 Query: ParcelNumberlD = 217906400481 Found 1 result on 1 page Account# Summary J R210818 2179-064-00- RUNIA, KEVIN P. & 481 KATHY A. 000508 225 COUNTY RD Rifle 81650 Section: 6 Township: 6 Range: 92 A TR IN NWSE AKA LOT 3... Picture O https://actgarfield-county.com/assessor/taxweb/results.jsp 1/11/2010 Printer friendly view Query: ParcelNumberlD = 217907100408 Found 1 result on 1 page Account# Summary R210655 2179-071-00- COZZA, JOHN L. & 030475 HIGHWAY 6 Section: 7 Township: 6 Range: 92 TR IN 408 MARILYN E. & 24 LOT 2 Silt 81652 Picture Query: ParcelNumberID = 217906300690 Found 1 result on 1 page / Account# Summary v R040902 2179-063-00- PARRINGTON,JOHN K & Section: 6 Township: 6 Range: 92 690 NILA 1 Rifle 81650 Subdivision: PARRINGT... o r(-1 Query: ParcelNumberID = 217906100725 Found 1 result on 1 page Account# Summary Picture Picture 4044216 2179-061-00- J1iV1BOB VENTURES II Section: 6 Township: 6 Range: 92 A TR 725 LLCSilt OF LAND 1N T1 -IE SE... �j ��c►�r)cl J �c ��i It Y? (11.1 Query: ParcelNumberID = 217906300689 Found 1 result on 1 page Account# Summary 8040901 2179-063-00- MURCH1SON, Section: 6 Township: 6 Range: 92 689 KIMBERLY N & SHAD T Rifle 81650 Subdivision: PARRINGT... $` / ;1 Rt/L• (V JLs https://act.garfield-county.com/assessor/taxweb/results jsp Picture 1/11/2010 February 1, 2010 Terry and Victoria Davis 0074 CR 225 Rifle, CO 81650 BUILDING & PLANNING DEPARTMENT RE: Davis Accessory Dwelling Unit, GAPA-1-10-6265 Dear Mr. and Mrs. Davis: 1 am writing this letter regarding the application of Mr. and Mrs. Davis for an Administrative Review for an Accessory Dwelling Unit on his property located at 0074 CR 225, Rifle, CO 81650. At this time the application does not include all required information per Garfield County Regulations. The application is therefore deemed Technically Incomplete and the Planning Department will not process this application any further until the following information, listed below, has been provided to the satisfaction of this office. Please address the following items and submit three copies of the modified information to this office so that we may continue the review of this application: Unified Land Use Resolution (2008) Section 4-501 Application Materials A. Administrative Review 3. Site Plan a. Legal Description: Please provide a legal description of the property in metes and bounds. c. Existing and Proposed Topography: Show the existing topography on the property, f. Existing Features: Show the entire extent of the irrigation ditch on the property. g. Existing and Proposed Easements and ROW: Please show on site plan. k. Elevations: Provide elevation drawings of the proposed home. I. Wastewater: Provide a description of the proposed wastewater treatment system, including location and size of leach field, sewer service lines, and treatment facilities to serve the proposed use. m. Water: Provide a description of the source and capacity of the water supply, including location and size of well(s) and/or water lines to serve the proposed use. 4. Adjacent Property Owners within 200'/Mineral Rights Owners To provide a better understanding of where the applicableadjacent property owners are located, please provide a map showing the location of these property owners with their associated parcel numbers. Also, provide a list all mineral right owners of the subject parcel. 5. Applicable Standards 'Please address, in narrative form, each item under Article VII, Division 1: General Approval Standards For Land Use Change Permits and Division 2: General Resource 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 Protection Standards For Land Use Change Permits, and Division 8, Section 7-801: Additional Standards Applicable To An Accessory Dwelling Unit of the Garfield County Unified Land Use Resolution of 2008, as amended. I have enclosed these Divisions of the code to assist you in this effort. To best address this requirement, list each Section and provide narrative for each of these Sections. If a Section does not apply, please. write "not applicable" under that heading. Additional Notes • Please provide a deed showing that you own the property and water rights. The water rights document provided with the application is for Orel and Alma Murr and doesn't your ownership. • In general, it is unclear what water the Applicants own, what water supply is to be used for house and ADU, what the water flows are for each water source, and if these flows are sufficient (pump test results). These questions are to be clarified in the narrative under Division 1 identified above. Please call me if you have any questions regarding this letter at (970) 625-5903. Sincerely, Molly Orkild-Lcrson, AICP, RLA Senior Planner 970-625-5903 In regards to your letter dated February 1, 2010 LEGAL DESCRIPTION: Township 6 South, Range 92 West of the 6th P.M. Section 6: SW1/4SE1/4 I will supply another warranty deed that clearly states legal description and all water rights to above stated property. WATER We will highlight two of the diversion points in the already submitted paper work. Also submitted earlier in the paper work you will see form the District Court In and For WATER DIVISION NO. 5 STATE OF COLORADO Application No. 81CW174 PA -3 0.063 cfs Water Court finding it an ABSOLUTE WATER RIGHT (81CW174) PA -4 0.125 cfs Water Court finding it an ABSOLUTE WATER RIGHT (81CW174) Adding this together you get 0.188 cfs Absolute water right are about 90 gallons per minute and will be in excess of what is needed for domestic use for both dwellings. Example 450 gallon minute = 1 cfs PA -3 & PA -4 85 gal minute = .188 In ONE Hour In 24 Hours 5,100 gallons 122,400 gallons In One Month 3,672,000 gallons Existing and Proposed Easements and ROW Electric — gas — telephone — TV NO easements will be created, they are service lines Article VII Standards Division I Sec 7-101 N/A Sec 7-102 N/A Sec 7-103 N/A Sec 7-104 It is in Water Court paper work that is in application package. Sec 7-105 N/A Sec 7-106 N/A Table 7-105 Addressed on Site Plan previously sent Sec 7-107 Excel for electric and natural gas already on property Sec 7-108 Garfield County Road and Bridge department drive way permit #GRB09-D-20 Sec 7-109 N/A Division II Sec 7-201 N/A Sec 7-202 N/A Sec 7-203 N/A Sec 7-204 N/A Sec 7-205 N/A Sec 7-206 on site plan (positive drainage) that has been provided Sec 7-207 N/A Sec 7-208 N/A Sec 7-209 N/A Sec 7-210 N/A Sec 7-211 N/A Sec 7-212 Reclamation — We plan on putting a premium blend grass mixture over area disturbed, the land will look better when finished than before we started Division 8 Standards for certain types of uses Sec. 7-801 A. Existing House is 1100 sq. ft. and does not exceed 1500 sq. ft. B. N/A C. Residential use only D. New Construction to be to building code E. 40 acres F. Both will have their own entrances Sec 7-802 N/A Sec 7-803 N/A Sec 7-804 N/A Sec 7-805 N/A Sec 7-806 N/A Garfield County Building & Planning Department RE: Davis Accessory Dwelling Unit, GAPA-1-10-6265 The septic and leach field proposed, for the Davis four bedroom home will be a two compartment concrete septic tank; 1250 gallon minimum 1500 gallon maximum tank outside of the house. A 4 inch sewer pipe will be installed from foundation to septic tank, with 1/8 to 1/4 inch fall per lineal foot, pipe enters the tank solid side, then gray water side with a 4 inch piping, out with fluent filter installed to infiltrator system. A properly sized system based on percolation rate to determine the proper number of chambers needed for ISDS. This will take place on more than adequate space as shown on the site plan. WARRANTY DEED THIS DEED. made this 2nd day of March: 2005 Between ROBERT KEITH MURR of the " County of Garfield, and State of CO, grantor, and TERRY D. DAVIS AND VICTORIA R. DAVIS, Joint Tenants whose legal address is : 2-I-5`13eaeuttrRoad; Gypsum; e6 659 of the County of Eagle and State of CO, grantee: WITNESSETH, That the grantor for and in consideration of the sum of $669,000.00 DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado described as follows: Township 6 South, Range 92 West of the 6th P.M. Section 6: SWI/4SEl/4 TOGETHER WITH any and all water and water rights, ditches and ditch rights of way that are appurtenant to subject property; title to which is not included in the warranties contained herein, including but not limited to: 6.63 Shares of the Grand River Ditch Company as known by street and number as: 74 County Road 225 Rifle CO TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions. remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor either in law or equity, of, in and to the above bargained premises, with the hereditamcntsandappurtenanccs. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the Grantor, for himself, his heirs, and personal representatives, docs covenant, grant, bargain, and agree to and with the Grantee, his heirs and assigns, that at the time of the enscaling and delivery of these presents, he is well seized of the premises above conveyed, has good. sure. perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant. bargain. sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants. bargains. sales. liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes and assessments for the year 2005 and subsequent years and all those specific exceptions described by reference to recorded documents as reflected in Commonwealth Title Company's Commitment No. 0502022 The grantor shall and tvill WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above. j Robert Keith Murr STATE OF COLORADO COUNTY OF GARFIELD ) ss. 1 IMIRESOURCE HEMEM EMEMEENGINEERING I N C. Terry Davis 0074 CR 225 Rifle CO 81650 RE: ADU Water Supply Plan, 0075 CR 225 Dear Mr. Davis: February 16, 2010 At your request, Resource Engineering, Inc. (RESOURCE) evaluated the water quantity and quality of the proposed water supply for an Accessory Dwelling Unit (ADU). It is anticipated that up to 5,000 square feet of landscape will be irrigated around the ADU. The water supply will come from a spring on the property that currently serves the existing single-family dwelling unit. A pump and pipeline from the spring will serve the ADU. The water demand, water supply, and water quality are addressed below. In summary, the spring source has adequate water quantity and quality to serve the existing house and the proposed ADU. WATER DEMAND The spring will serve both the existing house and the proposed ADU, so the demands for both are presented and compared to the supply from the spring. The in-house demands are based on 3.5 people per dwelling each using 100 gallons per person per day. The in-house demand is estimated at 700 gallons per day (0.5 gpm). The irrigation demand is estimated at 3.1 acre feet per acre per year. The peak month demand is in July and is estimated at 0.7 acre feet per acre. The peak day demand is estimated at one inch (0.62 gallons per square foot). The existing house has approximately 5,000 square feet on landscape irrigation and the ADU will have up to 5,000 square feet of irrigation. The peak day irrigation demand for both is estimated at 6,200 gallons (4.3 gpm). WATER QUANTITY The flow of the spring was observed by RESOURCE at seasonal low groundwater in February. The overflow from the spring not collected by the existing house pipeline was approximately 20 gpm. The flow of the spring is more than adequate to meet the existing demands on the property plus the proposed demand from the ADU. WATER QUALITY A water sample was obtained by Aqua Tec Systems on March 2, 2009, and analyzed by National Testing Laboratories, Ltd. A copy of the test results is attached. The spring water meets all of the mandatory Primary Drinking Water Standards, all of the recommended Secondary Drinking Water Standards (except TDS and Sulfate), and is classified as very hard water. The water quality is suitable for domestic and irrigation uses. The total dissolved solids level is high due to high concentrations of calcium, magnesium, sodium, and sulfate. These constituents in the water also result in hardness. Hardness results in poor taste, staining of fixtures, and build up of deposits in Consulting Engineers and Hydrologists 909 Colorado Avenue E Glenwood Springs, CO B1601 E [970) 945-6777 E Fax (970)945-1137 Terry Davis Page 2 February 16, 2010 the hot water heater. Sulfate can result in diarrhea in some people. Filtration, softening, and under -sink reverse osmosis is suggested to improve the water quality nuisance issues. In addition, although the bacteria test was negative, the spring appears to emerge from shallow groundwater and disinfection treatment should also be considered. Please call if you have any questions or need additional information. Sincerely, RESOURC E EERING, INC. Michael J. on, P.E. Water Resources Engineer MJE/II 1298-1.0 K:1Clients11298 DAVIS1Davis ADU Water Supply Plan Itr.doc Attachment ®°°°°RESOURCE MEM= 6@®® E N G 1 N E E R I N G INC Informational Water Quality Report Watercheck w/PO Client: Terry Davis Ordered By: Aqua Tec Systems, Inc. P.O. Box 488 Glenwood Springs, CO 81602-0488 ATTN: Tom Platzer Definition and Legend a National Testing Laboratories, Ltd. Qut at;ty water A fu,./yaik 6571 Wilson Mills Rd Cleveland, Ohio 44143 1-800-458-3330 Sample Number: 804823 Location: Lower Spring, Co Rd 225 Type of Water: Well Water Collection Date and Time: 3/2/2009 12:30 Received Date and Time: 3/3/2009 09:00 Date Completed: 03/20/2009 This informational water quality report compares the actual test result to national standards as defined in the EPA's Primary and Secondary Drinking Water Regulations. Primary Standards: Are expressed as the maximum contaminant level (MCL) which is the highest level of contaminant that is allowed in drinking water. MCLs are enforceable standards. Secondary standards: Are non -enforceable guidelines regulating contaminants that may cause cosmetic effects (such as skin or tooth discoloration) or aesthetic effects (such as taste, odor,or color) in drinking water. Individual states may choose to adopt them as enforceable standards. Action levels: Are defined in treatment techniques which are required processes intended to reduce the level of a contaminant in drinking water. mg/L (ppm): Minimum Detection Level (MDL): Unless otherwise indicated, results and standards are expressed as an amount in milligrams per liter or parts per million. The lowest level that the laboratory can detect a contaminant. ND: The contaminant was not detected above the minimum detection level. NA: The contaminant was not analyzed. The contaminant was not detected in the sample above the minimum detection level. The contaminant was detected at or above the minimum detection level, but not above the referenced standard. The contaminant was detected above the standard, which is not an EPA enforceable MCL. The contaminant was detected above the EPA enforceable MCL. These results may be invalid: Status Contaminant Results Units National Standards Min. Detection Level Microbiologicals Total Coliform by P/A Total Coliform bacteria was ABSENT in this sample. Inorganic Analytes Metals Aluminum Arsenic ND mg/L 0.2 EPA Secondary 0.1 ND mg/L 0.01 EPA Primary 0.005 Barium ND mg/L 2 EPA Primary 0.30 Cadmium ND mg/L 0.005 EPA Primary 0.002 • Calcium 101.0 mg/L 2.0 Chromium ND mg/L 0.1 EPA Primary 0.010 Copper 0.005 mg/L 1.3 EPA Action Level 0.004 Iron ND mg/L 0.3 EPA Secondary 0.020 Lead ND mg/L 0.015 EPA Action Level 0.002 Magnesium Manganese 64.10 mg/L -- 0.10 ND mg/L 0.05 EPA Secondary 0.004 Mercury ND mg/L 0.002 EPA Primary 0.001 Nickel ND mg/L 0.02 • Potassium 4.1 mg/L 1.0 Selenium ND mg/L 0.05 EPA Primary 0.020 • Silica 18.50 mg/L 1.00 Silver ND mg/L 0.1 EPA Secondary 0.002 • Sodium 129 mg/L 1 • Zinc 0.005 mg/L 5 EPA Secondary 0.004 Physical Factors Alkalinity (Total) 500 mg/L -- 20 Hardness 520 mg/L 100 NTL Internal 10 pH 6.7 pH Units 6.5 to 8.5 EPA Secondary Total Dissolved Solids 1200 mg/L 500 EPA Secondary 20 Turbidity ND NTU 1 EPA Action Level 0.1 Page 2 of 6 1/19/2010 3:58:11 PM Product: Watercheck w/PO Sample: 804823 S atus Contaminant Results Units National Standards Inorganic Analytes Other Min. Detection Level • Chloride 180.0 mg/L 250 EPA Secondary 5.0 • Fluoride 0.7 mg/L 4 EPA Primary 0.5 Nitrate as N 1.7 mg/L 10 EPA Primary 0.5 Nitrite as N ND mg/L 1 EPA Primary 0.5 Ortho Phosphate ND mg/L 2.0 Sulfate 450.0 mg/L 250 EPA Secondary 5.0 Organic Analytes - Trihalomethanes Bromodichloromethane ND mg/L 0.002 Bromoform ND mg/L 0.004 Chloroform ND mg/L -- 0.002 Dibromochloromethane ND mg/L -- 0.004 Total THMs ND mg/L 0.08 EPA Primary 0.002 Organic Analytes - Volatiles 1,1,1,2 -Tetrachloroethane ND mg/L -- 0.002 1,1,1 -Trichloroethane ND mg/L 0.2 EPA Primary 0.001 1,1,2,2 -Tetrachloroethane ND mg/L -- 0.002 1,1,2 -Trichloroethane ND mg/L 0.005 EPA Primary 0.002 1,1-Dichloroethane ND mg/L -- 0.002 1,1-Dichloroethene ND mg/L 0.007 EPA Primary 0.001 1,1-Dichloropropene ND mg/L -- 0.002 1,2,3-Trichlorobenzene ND mg/L -- 0.002 1,2,3-Trichloropropane ND mg/L -- 0.002 1,2,4-Trichlorobenzene ND mg/L 0.07 EPA Primary 0.002 1,2 -Dichlorobenzene ND mg/L 0.6 EPA Primary 0.001 1,2-Dichloroethane ND mg/L 0.005 EPA Primary 0.001 1,2-Dichloropropane ND mg/L 0.005 EPA Primary 0.002 1,3 -Dichlorobenzene ND mg/L -- 0.001 Page 3 of 6 1/19/2010 3:58:11 PM Product: Watercheck w/PO Sample: 804823 Status Contaminant Results Units National Standards Min. Detection Level 1,3-Dichloropropane ND mg/L -- 0.002 1,4 -Dichlorobenzene ND mg/L 0.075 EPA Primary 0.001 2,2-Dichloropropane ND mg/L -- 0.002 2-Chlorotoluene ND mg/L -- 0.001 4-Chlorotoluene ND mg/L -- 0.001 Acetone ND mg/L -- 0.01 Benzene ND mg/L 0.005 EPA Primary 0.001 Bromobenzene ND mg/L -- 0.002 Bromomethane ND mg/L -- 0.002 Carbon Tetrachloride ND mg/L 0.005 EPA Primary 0.001 Chlorobenzene ND mg/L 0.1 EPA Primary 0.001 Chloroethane ND mg/L 0.002 Chloromethane ND mg/L -- 0,002 cis-1,2-Dichloroethene ND mg/L 0.07 EPA Primary 0.002 cis-1,3-Dichloropropene ND mg/L -- 0.002 DBCP ND mg/L -- 0.001 Dibromomethane ND mg/L -- 0.002 Dichlorodifluoromethane ND mg/L 0.002 Dichloromethane ND mg/L 0.005 EPA Primary 0.002 EDB ND mg/L 0.001 Ethylbenzene ND mg/L 0.7 EPA Primary 0.001 Methyl Tert Butyl Ether ND mg/L -- 0,004 Methyl -Ethyl Ketone ND mg/L -- 0.01 Styrene ND mg/L 0.1 EPA Primary 0.001 Tetrachloroethene ND mg/L 0.005 EPA Primary 0.002 Tetrahydrofuran ND mg/L -- 0.01 Toluene ND mg/L 1 EPA Primary 0.001 trans-1,2-Dichloroethene ND mg/L 0.1 EPA Primary 0.002 Page 4 of 6 1/19/2010 3:58:11 PM Product: Watercheck w/PO Sample: 804823 Status Contaminant Results Units National Standards Min. Detection Level trans-1,3-Dichloropropene ND mg/L -- 0.002 Trichloroethene ND mg/L 0.005 EPA Primary 0.001 Trichlorofluoromethane ND mg/L -- 0.002 Vinyl Chloride ND mg/L 0.002 EPA Primary 0.001 Xylenes (Total) ND mg/L 10 EPA Primary 0.001 Organic Analytes - Others 2,4-D ND mg/L 0.07 EPA Primary 0.010 Alachlor ND mg/L 0.002 EPA Primary 0.001 Aldrin ND mg/L -- 0.002 Atrazine ND mg/L 0.003 EPA Primary 0.002 Chlordane ND mg/L 0.002 EPA Primary 0.001 Dichloran ND mg/L -- 0.002 Dieldrin ND mg/L -- 0.001 Endrin ND mg/L 0.002 EPA Primary 0.0001 Heptachlor ND mg/L 0.0004 EPA Primary 0.0004 Heptachlor Epoxide ND mg/L 0.0002 EPA Primary 0.0001 Hexachlorobenzene ND mg/L 0.001 EPA Primary 0.0005 Hexachlorocyclopentadiene ND mg/L 0.05 EPA Primary 0.001 Lindane ND mg/L 0.0002 EPA Primary 0.0002 Methoxychlor ND mg/L 0.04 EPA Primary 0.002 PCB ND mg/L 0.0005 EPA Primary 0.0005 Pentachloronitrobenzene ND mg/L -- 0.002 Silvex 2,4,5 -TP ND mg/L 0.05 EPA Primary 0.005 Simazine ND mg/L 0.004 EPA Primary 0.002 Toxaphene ND mg/L 0.003 EPA Primary 0.001 Trifluralin ND mg/L -- 0.002 Page 5 of 6 1/19/20103:58:11 PM Product: Watercheck w/PO Sample: 804823 Status Contaminant Results Units National Standards Min. Detection Level We certify that the analyses performed for this report are accurate, and that the laboratory test were conducted by methods approved by the U.S. Environmental Protection Agency or variations of these EPA methods. These test results are intended to be used for informational purposes only and may not be used for regulatory compliance. National Testing Laboratories, Ltd. NATIONAL TESTING LABORATORIES, LTD Page 6 of 6 1/19/2010 3:58:11 PM Product: Watercheck w/PO Sample: 804823 1 AMOS MINIM oprioJo, 'ate SZZ Proa APITRO fiL0 LDNaazsau SIAVU axi 4 VI �I I ..al■9Nf■Y■7�' i i°,i.. i.• °,9, IiS°�8� I tPge • z 0 ti ■ Tes P•7 h !tl its 49 0,111/111. r��ICQr'�tH7C��'IiSf .171 II I 1 I I 0 11 1 Ia -F'1 —u BmPNW'tlso®WPP. •-(') mom -rote • 009[1StOMI • SOSIB ••••:••3,•••••1"1..0%30.,"'•,•••••••11 UI Bz 6Z9 'ONI.38n133IJI Iv -N089011 se oprioJo, 'ate SZZ Proa APITRO fiL0 LDNaazsau SIAVU axi 4 VI �I I ..al■9Nf■Y■7�' i i°,i.. i.• °,9, IiS°�8� I tPge • z 0 ti ■ Tes P•7 h !tl its 49 0,111/111. r��ICQr'�tH7C��'IiSf .171 II I 1 I I 0 11 1 Ia -F'1 —u r LL 0 Z h LL r [� e. °6evgat,n..mi, Art mo THE DAVIS RESIDENCE 074 County Road 225 Rifle, Colorado GS ROSSON-ARCHITECTURE. INC. 81605 10 257 m®as.wl 00170340 Oki Slgle acx41 31 -op qt ,zolc uso-- wei2e. ii 00v,..) Favvki 14 4 -Q\41 1)J',) Call Number: P-340 - Perform a caH number .9.ez,-Arc.:h for the photo above to see full record. New Search Buy In-iiges/Photogr:lph2, Digital Images_Collectiori Home arc i Qeneology Permisf-Jioh aricl Policy for_ © 1995-2007 Denver Public Library, Colorado Historical Society, and Denver Alt Museum 06,0-1eic kfrJ 11•1-/ p(.7-/-0 • Invoice Number: BLRE-11-09-19904 Invoice Date: November 23, 2009 Permit Number: BLRE-11-09-1378 Bond Number: Comments: Receipt Garfield County 108 8th Street Suite 401 Glenwood Springs, CO 81601 - Phone: (970)945-8212 Fax: (970)3844470 Return to: Garfield County 108 8th Street Suite 401 Glenwood Springs, CO 81601 - Owner's Information Permit Type: Residential Building / Work Classification: New Date 11/23/2009 11/23/2009 Fee Name Residential Building Fee Plan Check Fee Fee Type Adjustable Percentage Fee Amount $2,494.55 $1,621.46 Total Fees Due: $4,116.01 Payments Date Pay Type Check Number Amount Paid Change 11/23/2009 Credit Card $1,621.46 $0.00 Total Paid: $1,621.46 Total Due: $2,494.55 Thursday, February 4, 2010 1830 0002 0133 5513 dJ 0 0 OkerialftlSlti viattpliatkipsite aiw w aspa. ci a Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees l Postmark Here WSENDER COMPLETE THISSECTION` si Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Address to: /i/°F 2-41}s n Pr --s»yclQir c;167 CP ,o3s lade (c 2/50 RCOMPLETE THIS SECTION ON DELIVERY A. Signature ' G' � 0 Agent /,J7t`'7 (IA' 0 Addressee 13/) Received by (Printed Nafne) C. Date of Delivery Lin ll�� z-Zz—i° D. Is delive address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type 0 Certified Mail 0 Registered 0 Insured Mall 0 Express Mall ❑ Retum Receipt for Merchandise 0 C.O.D. 4. Restdcted Delivery? (Sara Fee) 0 Yes 2. Article Number (Transfer from service label) 7008 1830 0002 0133 5513 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-I50'r 1830 0002 0133 5438 to 0 0 T- PotServicer:� � n C IFl ILT CEIPT ` h s -=save e (Dpi(esf�A�1§r14n1y,�H,glnsurance Epye�ge Provided r oiYelEdritntermationvisy Jvebeltieur, ;V:O;ps dok® Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To $ Postmark Here Street, Apt. No.; or PO Box No. City, Slate, ZIP+4 F �4 SENDER: COMPLETE THIS SECTION E Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery Is desired. ▪ Print your name and address on the reverse so that we can return the card to you. IS Attach this card to the back of the mallpiece, or on the front if space permits. 1. Article Addressed to: )4m t- Shad /sir 7aas- 47i' 6° 8/s7) ,. aryns4castr. . COMPLETETHIS SECTION N OELIVERIa (i, I, ❑ Agent Si -4 0 Addressee B. Received by (Printed Name) 63 Murh ison C. Date of Delivery 2-72--/a D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type 0 Certified Mail ❑ Registered ❑ Insured Mail 0 Express Mail ❑ Retum Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery! (Extra Fee) ❑Yes 2. Article Number (Transfer from service labeij 7008 1830 0002 0133 5438 PS Form 3811, February 2004 Domestic Return Receipt 402595-02-M-1540 0 D u1 u1 1830 0002 0133 0 ft - t7 .S. F a er e C `RTIFIEx 1RECEIPT.' (1 omestic M81 nIy; l No*yratipi Coverage Provided Eiteat "elliatfieffgfai5 "v iottWe eit€ot_Ww)rrusBa bittei::` Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Postmark Here Street, Apt. No.; / q) or PO Box No. Oily, Stale, ZIP+4 SENDER COMPLETE fiNIS SECTION Ca Complete items 1, 2, and 3. Also complete item 4 rt Restricted Delivery Is desired. Print your name and address on the reverse so that we can return the card to you. IS Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 67 kid raiP_ JL// Mi -6° to s/ow dauoojea::Zitsauoriremise yi 011301 0 doiati Inman COMPLETE Till$ SECTION ON DELIVERY A. Signature X 0 Agent 0 Addressee B. Re Iv by (Pd ted Name) 7D/ ace) C. Date of Delivery Z-27-10 D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type 0 Certified Mail 0 Registered 0 Insured Mail 0 Express Mall ❑ Retum Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) 7008 1830 0002 0133 5490 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 SENDER COMPLETE THIS SECTION, N Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. M Print your name and address on the reverse so that we can return the card to you. MI Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: l y) <e 135 C13 2. Article Number (transfer from service label) COMPLETE THIS SECTION ON DELIVERY A. Signature ❑ �� �l/� ❑Add e L,.� B. Received by (Ponied Name) C. Date of uenvery( 9_)140.(12 7-77-/0 D. Is delivery address different from Item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type 0 Certified Mall 0 Registered 0 Insured Mail 0 Express Mall 0 Retum Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 7008 1830 0002 0133 5483 PS Form 3811, February 2004 m Domestic Return Receipt ECEIPT MY No nF!%�?verag P ided) co ps.tom (Domestic, 8t defslWebsite °�Patr'tWwr�s s. ° ®fir. m m rR postage 0 Certified Fee 111 Return Receipt Fee 0 (Endorsement Required) Restricted Delivery Fee rci (Endorsement Required) m r9 Total Postage & fees r-3 0 0 ry Postmark c Mere Sent To yy� p Sireei. API NN _�1 !_/_____._.-._._._._._..-._-_._._.__.__ - / orPOBoxNol_� ry�,r.�/„` City, Slate, ZIP+4 ' a' /2$ I//J 102595-022-M-1540 SENDER: COMPLETE THIS SECTION Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. la Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: V Ciro ob en ;3--D0 bawl TQC -Cb res 2. Article Number (Transfer from service label) PS Form 3811, February 2004 7008 1830 COMPLETE; THIS SECTION ON DELIVERY A. Sign re afa B. Receive. .y (Pal -d Nam-) C. Date of Delivery r ' flat 0 Agent essee D. Is delivery address.di 0 YES. enter ilvery ad bb's_ m Item 17 Fitt .elow: 0 Yes 0 No 3. ServlceTyp 0 Certifle3Mail-- 0 Express Mall 0 Registered 0 Return Receipt for Merchandise 0 Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 7008 1830 0002 0133 5414 Domestic Return Receipt 102595-02-M1540 Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Seri' To —� ) nil & b U f irk! rPs X a3O2 y&,,,c/ D?* Co gi_s&; tri Street, Apt. No.: or PO Box No, City, State, ZIP+4 SENDER:COMPLETE THIS SECTION" m Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. El Print your name and address on the reverse so that we can return the card to you. IE Attach this card to the baeckosthe mailpiece, or on the front if space p I. Artlde �dressee ��� � I gLul u) 508 4//P eo gapw 2. Article Number (Transfer from service label) p5 Form 3811, February 2004 COMPLETE TH S SECTION ON DELIVERY," dif A. Signet I"/ R. R:: eived by (PI te• Name) D. Is delivery ad If YES, enter 3. Service Type ❑ Certified Mail 0 Registered 0 Insured Mail ry es X4'1 O Agent 0 Addressee C. Date of Delivery fq ❑Yes 0 No O Express Mail O Retum Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery/ (Extra Fee) 7008 1830 0002 0133 5452 Domestic Return Receipt fU ur1 Ln rn m rR 0 fU 0 0 0 0 m ra 0 0 r F�Ky1�IF"TILts`AAIVT�r7,hT.ty��-* Provide ranee co 9 !o (mastic ilk arm coy -; SEIWEEEttely Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery (Endorsement Total Postage & Fees Postmark Here 0 Yes 102595 -02.M -154d Sentlb /t/ L _____ ____ ___________________________ _ ..__. Sheet, /. InY////�� OiyOBoState, ZIP+4 /-:-g_---.4. -1, (/ / SENDER:. COMPLETE THIS SECTION, la Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ® Print your name and address on the reverse sb that we can return the card to you. NI Attach this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed to: Ala/ Val Co/ :3/3 kit, Co K45 COMPLETETHIS SECTION ON DELIVERY A. Sig atu ck- 6. IRem ty (Printed Name) 0 Agent 0 Addressee C. Date of Delivery Z - /D D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type 0 Certified Mall 0 Express Mali 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) 7008 1830 0002 0133 5476 PS Form 3811, February 2004 .D r- Li- uR m m a 0 N O 0 m rR 0 0 N Domestic Return Receipt 102595-02-M-1540 Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Postmark Here; 111 M 111 taigehydai4E41.7/14:144/1•70 E Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. le Print your name and address on the reverse so that we can return the card to you. is Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: vorr)i1g oI is 02 �o(S Pifi& co ws0 COMPLETE THIS SECTION ON DELIVERY t;,j AX Signaty� �)���ppp //f / O Agent O Addressee C. Date of Delivery 2-2z—/D B. RepelveQ by (Printed) ail Na rri -'t5' D. Is delivery addresstdifferent from item 1? 0 Yes If YES, enter delivery address below: 0 No 3, Service Type ❑ Certified Mall 0 Registered 0 Insured Mail 0 Express Mail ❑ Retum Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) 7008 1830 0002 0133 5445 PS Form 3811, February 2004 1830 0002 0133 5445 Domestic Return Receipt 102595-02-M-1540 Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage,& Fees Postmark Here City, State, ZIP+4 t SENDER COMPLETETHISSECTION. • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. 12 Print your name and address on the reverse so that we can return the card to you. E Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: oe JGnill h C rV71)4 (itAv kTip go5U 2. Article Number (Transfer from service label) E:CQMPLETE' THIS SECTION pN_4ELIVERY A Siert re Delved by ( Printed Nam: 0 Agent 0 Addressee ' C. Date of Delivery Z—Z2 /D D. Is delivery address.diiferent from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type 0 Certified Mail 0 Express Mall 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 7008 1830 0002 0133 5506 PS Form 3811, February 2004 Domestic Return Receipt -u 0 rft In m m r -R 0 ru D 0 0 m a m 0 0 t? � Sri? I i'" bkotisitoktma Ps=94nii Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) kit/ $ ) 'cc" PostmarkN Here Street, Apt. No.; or PO Box No. City, Slate, ZIP+4 102595-02-M-1540 SENDER COMPLETE THIS SECTION isComplete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. El Print your name and address on the reverse so that we can return the card to you. ® Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: pV // w L)/u d t Nz-O COMPLETE TITS SECTION ON DELIVERY B. deceived, by- Pan Name) El Agent El Addressee C. Date ofbelivery fib. Is delivery dress different from Item 1? 0 Yes if YES, enter delivery address below: 0 No 3. Service Type 0 Certified Mall 0 Registered 0 Insured Mail 0 Express Mail 0 Return Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service Zabel) PS Form 3811, February 2004 7008 1830 0002 0133 5391 Domestic Return Receipt c n do &faakO UanCe CoverageTProvided) Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Postmark ---Here a i; 1�;'et 511s"ss 102595-02-M-1540 ; SENDER: COMPLETE THIS SECTION ® Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. SI Print your name and address on the reverse so that we can return the card to you. IS Attach this card to the back of the mallpiece, or on the front if space permits. 1. Article Addressed to: her) Lim (14 3A0 MI Le Pup eqs-rtl�D 2. Article Number (Transfer from service label) li COMPLETE,THISSECTION ON DELIVERY A. SIgnatu 0 Agent 0 Addressee B. Received by (Printed ame) C. Date of Delivery D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type 45 Certified Mail 0 Registered 0 Insured Mail 0 Express Mall 0 Return Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 7008 1830 0002 0133 5421 PS Form 3811, February 2004 Domestic Return Receipt ra R1 m m rl 0 fU 0 0 0 0 m ri rl to 0 0 0 r aQtDomestic-mail oniy; No � lL T infornIalioalpit• Ur websit Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted rseme Delivery IReq i Fee (Endored) Postmark Here Total Postage & Fees Sent To ________ ▪ Slate, ZIP+4 -o _._._._-__ .r S Vee( Apt. No.; 102595-02-M-1540 i }SENDER: COMPLETE TF11S SECTION :, M Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery Is desired. m Print your name and address on the reverse so that we can return the card to you. NI Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: :_n2rve L (,(/`Je '�i�l�l w 0277 XilIev 1,N 14* Co 8/ COMPLETETHIS SECTION ON DELIVERY A. Signe B R c ived"l/b�y (Pented/Name)I D. Is delivery addresb different from item 1? 0 Yes If YES, enter delivery address below: 0 No Agent 0 Addressee C. Date of Delivery 3-2—K) 3. Service Type 0 Certified Mail 0 Registered 0 Insured Mail 0 Express Mall ❑ Retum Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) 7008 1830 0002 0133 5469 PS Form 3811, February 2004 rr _n vt m m 0 O ru 0 o 0 0 m m a co 0 0 Domestic Return Receipt 011,4g ileurenoe Cover itdittiaMOhft1talCtS: tS1#C Mir'rgttgiteiti` i•VMM*0,a,.:rn Postage Gratified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To Street, Apt. Nt or PO Box No. City, State, ZIP+4 -.-Postmark. Herei Ct73rLI Fiso?,f...ntt uCs,°4 102595-02-M1549 - m m a O aitOnir ND insurance CoYea e. Provided) Postage Certified Fee N Return Receipt Fee CI (Endorsement Required) 0 Restricted Delivery Fee (Endorsement Required) m m rl r9 0 O Total Postage & Fees Postmark Here Street, Apt. No.; or PO Box No. Wirra GARFIELD COUNTY Building & Planning Departinent Review Agency Form Date Sent: February 22, 2010 Comments Due: Requested Name of application: Terry and Victoria Davis ADU Sent to: Garfield County Road & Bridge Garfield County requests your comment in review of this project. Please notify the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staff Contact: Molly Orkild-Larson 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments: Garfield County Road and Bridge Department has no objections to this application with the following comments. A drivewa access .enmit shall be re.uired for this location. The drivewa access .ermit shall be issued with conditions specific to the driveway access location. The added traffic load created by this application will not have an impact on the total traffic volume on Cr. 225. All vehicles hauling equipment and materials for this application shall abide by Garfield County's oversize/overweight pennits system. All vehicles requiring oversize/overweigh permits shall aply for them at Garfield County Road and Bridge Department. Name of review agency: Garfield County Road and Bridge Department_ By: Jake B. Mall Date March 1, 2010 Revised 3/30/00 Moll - Orkild-Larson From: Kevin Whelan [kewhelan@riflefiredept.org] Sent: Friday, March 19, 2010 10:14 AM To: Molly Orkild-Larson Subject: Davis ADU - Permit# BLRE-11-09-1378 Molly, The Rifle Fire Protection District has recently reviewed the proposed Davis ADU- permit # BLRE 11-09-1378. The property is located at 074 CR 225. It is the District's understanding that the intent is to add a single ADU on a 40 acre parcel that also has one other primary residence. The District's policy is to review parcels of land that contain three of more homes for fire code compliance. Since this parcel does not meet this, the following are recommendations only. The proposed subdivision is within the boundaries of the Rifle Fire Protection District and fire and emergency medical services are provided by the District. In order to improve our ability to provide these services, the District makes the following recommendations: 1. Fire protection water is recommended for the site. Without dedicated fire protection water our ability to fight a fully involved structure fire in this area is limited. The fire district does have some ability to transport water to the site. 2. Posting of addresses: Addresses are to be posted where the driveway intersects with the County Road as well as on the individual homes and / or where single drives intersect with the shared driveway. Letters are to be a minimum of 4 inches in height, Yz inch in width and be in contrast to background colors. 3. Individual propane tanks are to be placed in a location where they are not subject to damage and combustible materials are to be kept a minimum of 10 feet away from tanks. 4. Vegetation should be removed from near any structures to provide a safe area in the event of a wild land fire. 5. Roadways: Consideration should be given to the heavy weights, widths and heights of emergency apparatus when constructing driveways. Driveways should be of an all weather -driving surface. Again, these are only recommendations to the property owners. Feel free to contact me if I can be of further assistance or there are any questions. Sincerely, Kevin C. Whelan Fire Marshal Rifle Fire Protection District "The Mission of the Rifle Fire Protection District to to Enhance Health and Safety and to Protect the Life , Home and Property of the People We Serve" Kevin C. Whelan Division Chief/ Fire Marshal Rifle Fire Protection District 1850 Railroad Ave. Rifle, CO 81650 kewhelan@riflefiredept.org Office- 970-625-1243 Fax- 970-625-2963 Cell- 970-618-7388 2 TALLY HO RANCH, LLC 0145 County Road 225 Rifle, CO 81650 970-625-0208 FAX: 970-625-8636 to llyh o consWsopris.net March 20, 2010 Garfield County Planning Department Attention: Ms. Molly Orkild-Larson Garfield County Plaza Building 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 Re: Request for Administrative Permit for an Accessory Dwelling Unit Applicant: Teny and Victoria Davis Dear Ms. Orkild-Larson: We are writing this in support of our neighbors, Teny and Tori (Victoria) Davis. Ever since they moved to Antlers Lane, they have been good neighbors to us and others. They keep their place neat and attractive, and help out their neighbors whenever they can, including snow plowing drive- ways or mowing the next door lady's lawn when she couldn't get to it. We think the County should allow Teny and Tori an accessory dwelling on their property. The County allowed us to subdivide our property so our children could have land on which to build their homes. The land to the south of Davis's has two houses on it, and it is a much smaller parcel than Davis's 40 acres. Our neighbors to the north of us, the Fraser's got permission from the County to put in an arena facility. The neighbors to the north of the Fraser's received permission from the County to build a metal building with living space in it before they built their new house. So, you can see the County has been very flexible with us and our other neighbors in the past, and should allow Teny and Tori Davis the same consideration. John and Nila Parrington JKP:np xc: Ms. Molly Orkild-Larson, Garfield County Planning Dept., 0375 County Road 352, Building 2060, Rifle, CO 81650 Phone Conversations Date: February 24, 2010 Conversation Between: Edith Goldman and Molly Orkild-Larson RE: Terry and Victoria Davis ADU Application Discussion: Mrs. Goldman called to say that the Applicants are good neighbors. They have helped her with snow plowing and putting up a fence. She also has no problem/issues with the ADU they're proposed. GOLUBA & GOLUBA P.C. ATTORNEYS AT LAW US BANK BUILDING 1901 GRAND AVENUE, SUITE 206 P.O. BOX 931 GLENWOOD SPRINGS, CO 81602 (970) 945-9141 (970) 945-9143 (Fax) NICHOLAS W. GOLUBA NEIL W. GOLUBA February 19, 2010 Garfield County Building and Planning Department Attn: Molly Orkild-Larson 0375 CR 352, Building 2020 Rifle, CO 81650 Re: Application of Terry Davis 0074 CR 225, Rifle, Colorado Dear Mrs. Orkild-Larson: This firm represents the Grand River Ditch Company which owns and operates the Lower Cactus Valley Ditch (the "Ditch"). It is my understanding that Terry Davis has applied to obtain approval of an Accessory Dwelling Unit on his property located at 0074 CR 225, Rifle, Colorado. The Ditch traverses the Property and the Ditch Company is concerned about possible encroachments into the Ditch right-of-way. The easement for the Ditch as it traverses the Property is historic in nature and not specifically defined. The Davis' cannot construct or place any improvements within the historic Ditch right-of-way. In order to avoid future conflicts between the Ditch Company and the Davis' or future land owners, the Ditch Company proposes that the parties enter into a written agreement establishing reasonable setbacks from the Ditch which correspond to the historic right-of-way used by the Ditch Company. The agreement would provide that no structures shall be constructed within 25 feet of the centerline of the Ditch and no fences, trees, shrubs, and landscaping (other than grass or lawn) shall be placed within 15 feet of the centerline of the Ditch. A proposed form of agreement is attached hereto. In order to protect the Ditch Company's rights and avoid future conflicts, the Ditch Company requests that any County approval of the Davis' Application be conditioned upon the Davis' executing an agreement with the Ditch Company defining the historic setbacks established for the Ditch. The Ditch Company also requests a copy of the submittal packet associated with the Davis Application and to be notified of any further proceedings in connection therewith. C:\ClientlGrand River Diteh\LeiteR2-19-10 GarCo Bid and Plan. wpd Garfield County Building and Planning Department Attn: Molly Orkild-Larson February 19, 2010 Page 2 Thank you for your consideration of this matter. Please contact me with any questions you may have. Very truly yours, NWG/alb cc: Grand River Ditch Company C:\Client\Grand River DimhLLeimr12-19-10 Garen bid and Plan.wpd AGREEMENT THIS AGREEMENT is made and entered into by and between GRAND RIVER DITCH COMPANY (the "Ditch Company") and ("Owner"). RECITALS A. is the owner and developer of (the "Property"). B. The Ditch Company is the owner of the Lower Cactus Valley Ditch, also known as the Grand River Ditch (the "Ditch"), which traverses the Property. C. Owner plans to construct an additional dwelling unit on the Property. D. The parties have reached an Agreement regarding restrictions to be imposed on the Property in order to protect the Ditch Company's historic use and maintenance of the Ditch and are desirous of reducing their Agreement to writing. AGREEMENT NOW, THEREFORE, for and in consideration of the promises, covenants and agreements herein contained, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Existing Easement. The parties recognize and agree that the Property is burdened by a valid preexisting and lawful easement and right-of-way for the Ditch and the use, operation, maintenance and repair of the Ditch. The parties agree that nothing contained herein shall be construed to after or otherwise restrict the Ditch Company's prior and continuing right to operate, maintain and repair the Ditch in accordance with past and historic practices. 2. Setbacks. Owner hereby agrees that no building, shed, garage or other structure shall be constructed within twenty-five (25) feet of the centerline of the Ditch as it traverses the Property and no fences, gates or other improvements, including without limitation, trees, shrubs or landscaping (other than grass or lawn) may be placed, maintained or permitted within fifteen (15) feet of the centerline of the Ditch as it traverses the Property. Notwithstanding the foregoing, the Ditch Company shall have no obligation to restore or repair damage to any grass or Lawn area maintained within the fifteen (15) foot setback occasioned by the Ditch Company's maintenance and operation of the Ditch. 3. Ditch Company Rights and Liabilities. The parties acknowledge that this Agreement does not amend or alter the existing and historic rights, responsibilities and liabilities of the Ditch Company relating to or arising from the operation and maintenance of the Ditch in its existing lawful easement. 4. Default. Should Owner or its successor in interest breach this Agreement in any manner, the Ditch Company shall be entitled to damages and costs, including reasonable attorney's fees incurred in enforcing the provisions of this Agreement. 5. Payment of Fees. Owner agrees to reimburse the Ditch Company for one-half (I/a) of all fees or costs, including attorney's fees, incurred by the Ditch Company in connection with this Agreement, including the drafting of this Agreement. 6. Amendments or Modifications. No amendment or modification to this Agreement shall be valid or binding unless expressed in writing, executed by the parties. 7. Entire Agreement. This Agreement constitutes the entire and complete understanding and agreement of the parties pertaining to the subject matter hereof and supersedes any and all prior contemporaneous agreements or understandings in connection with the subject matter hereof. 8. Recording and Binding Effect. This Agreement shall be recorded in the records of the Garfield County Clerk and Recorder and shall run with the Property and be binding upon and inure to the benefit of the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Agreement this day of , 2010. OWNER GRAND RIVER DITCH COMPANY By: By: Alvin Hansen, President By: C:,C,eot'G,.nd River DitclAA wpd 2 STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing Agreement was acknowledged before me this day of , 2010, by , Owner. Witness my hand and official seal. My commission expires: STATE OF COLORADO ) COUNTY OF GARFIELD ) SS. Notary Public The foregoing Agreement was acknowledged before me this day of , 2010, by Alvin Hansen, as President of the Grand River Ditch Company. Witness my hand and official seal. My commission expires: CACIlent\Gran Nvn DitclAA8eennentsainple wpd 3 Notary Public TALLY HO RANCH, LLC 0145 County Road 225 Rifle, CO 81650 970-625-0208 FAX: 970-625-8636 tallvhoconst ansopris.net March 20, 2010 Garfield County Planning Department Attention: Ms. Molly Orkild-Larson Garfield County Plaza Building 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 Re: Request for Administrative Permit for an Accessory Dwelling Unit Applicant: Terry and Victoria Davis Dear Ms. Orkild-Larson: We are writing this in support of our neighbors, Terry and Tori (Victoria) Davis. Ever since they moved to Antlers Lane, they have been good neighbors to us and others. They keep their place neat and attractive, and help out their neighbors whenever they can, including snow plowing drive- ways or mowing the next door lady's lawn when she couldn't get to it. We think the County should allow Terry and Tori an accessory dwelling on their property. The County allowed us to subdivide our property so our children could have land on which to build their homes. The land to the south of Davis's has two houses on it, and it is a much smaller parcel than Davis's 40 acres. Our neighbors to the north of us, the Fraser's got permission from the County to put in an arena facility. The neighbors to the north of the Fraser's received permission from the County to build a metal building with living space in it before they built their new house. So, you can see the County has been very flexible with us and our other neighbors in the past, and should allow Terry and Tori Davis the same consideration. Sincerely, John and Nila Parrington JKP:np xc: Ms. Molly Orkild-Larson, Garfield County Planning Dept., 0375 County Road 352, Building 2060, Rifle, CO 81650 sigszammommaaalm $ m • 00•1•14•101.000.MM tri ci-• -a•••• » :".4•Nr_., � 1110111 ru \ S / Receipt Garfield County 108 8th Street Suite 401 Glenwood Springs, CO 81601 - Phone: (970)945-8212 Fax: (970)3843470 Return to: Garfield County 108 8th Street Suite 401 Glenwood Springs, CO 81601 - Owner's Information Terry Davis 074 CR 225 Rifle, CO 81650 Invoice Number: BLRE-11-09-19904 Invoice Date: November 23, 2009 Permit Number: BLRE-11-09-1378 Bond Number: Comments: Permit Type: Residential Building / Work Classification: New Date 11/23/2009 11/23/2009 Fee Name Residential Building Fee Plan Check Fee Fee Type Adjustable Percentage Fee Amount $2,494.55 $1,621.46 Total Fees Due: $4,116.01 Payments Date Pay Type 11/23/2009 Credit Card Check Number Amount Paid Change $1,621.46 $0.00 Total Paid: $1,621.46 Total Due: $2,494.55 I Thursday, February 4, 2010 CPT,CRS;.,, ,.. .:. ). {, :'- „ IN TUE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 STATE OF COLORADO Application No. 81CW174 IN THE MATTER OF T1111 APPLICATION FOR WATER RIGHTS OF OREL A. KURR AND ALMA MURR IN THE COLORADO RIVET: OR ITS TRIBUTARIES TRIBUTARY INVOLVIED: UNNAMED IN GARFIELD COUNTY FILED III DISTRICT COURT WATER DIiISSiCi 5. COtCi:AO JAM 6 19%2 MARIE TALAMA3. Ct (11(, RULING OF REFEREE The above entitled application was filed on July 15, 1981, and was referred to the undersigned as Water Referv.e for Water Division No. 5, State of Colorado, by the Water Judge of said Court on the 14th day of August, 1981, in accordance with Article 92 of Chapter 17, Colorado Revised Statutes 1973, known as The Water Right Determination and Administration Act of 1969. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the application are true and having become fully advised with respect. to the subject matter of the application does hereby make the following determination and ruling as the Referee in this matter, to -wit: 1. The statements in the application are true, except that not all of the water which was previously awarded conditionally has been diverted and applied to beneficial use. 2. 'the name of the structure is Pleasant Acres Ponds, Ditches and Pipeline System, which is composed of four different points of diversion. 3. The names of the claimants and address: Orel A. Murr and Alma Murr; 37659 Highway 6 and 24; New Castle, Colorado. 4. '1'hc source of the water is from an unnamed tributary to the Colorado River. as 5. The system is composed of follows: four points of diversion described (a) Diverison Point PA -1 is located 6, T. 6 .5., R. 92 W. of the 6th P.M. at a the South line and 1,570 feet West of the Section 6. (b) Di.vecsion Point PA -2 is located G 6, T. 6 S., R. 92 W. of the th P.M. at a the South line and 2,115 feet. West of the Section 6. in the SW:SE4-of Section point 635 feet North of East line of said in the SW.SE14 of Section point 880 feet North of East line of said (c) Diversion Point.PA-3 is located in the SW►;SF of Section 6, T. 6 S., R. 92 W. of te 6th P.M. at a point 900 feet North of the South line and 2,290 feet West of the East line of said Section 6. (d) Diveri.on Point PA:4 is located in the SASE; of Section 6, T. 6 S., R. 92 W. of the 6th P.N. at a point 900 feet North of the South line and 2,410 feet West of the East line of. said Section 6. 6. On November 30, 1977, in Case No. W-3274, an Amended Ruling of Referee was filed by the tater Referee for tater Division No. 5, in which Pleasant Acres Ponds, Ditches and Pipeline System . was awarded a conditional water right for 0.50 cubic foot of water per second of time conisting of 0.125 cubic foot of water per second of time from each of the four. springs PA -1, PA -2, PA -3, and PA --4, to be used for domestic, livestock water, fish culture, and irrigation purposes, with appropriation date of December 31, 1976. The claimant was directed to file an application for quadrennial finding of reasonable diligence in the development of this conditional water right i.n July of 1981 to maintain the conditional water right in full force and effect. This Ruling of Referee was confirmed and made a Decree of the Court on February 24, 1978. 7. On July 15, 1981, the claimant filed, i.n Water Court for Water Division No. 5, an application to make absolute a conditional water right in which it is requested that the 0.50 cubic foot of water per second of time previously awarded conditionally to Pleasant Acres Ponds, Ditches and Pipeline System be made absolute and un- conditional by reason of the completion of the appropriation and application of the water to beneficial use in accordance with the original Decree. In support of this request it is stated by the applicant that diversion headgates have been installed and ditches constructed for irrigation use. Domestic water has been piped into a cistern near a house and piped to outlets near a barn, chicken house and has been used for lawn and garden irrigation. The spr.sr,as were dug out and backfilled with 11 inch crushed rock over perforated pipe. The water is then diverted to the places of use. 8. On December 4, 1981, an inspection of the development was made by the Water Referee, the Division Engineer and a representative of the applicant. It was found that Diversion Point PA -3 had been developed and water had been applied to beneficial use for domestic and irrigation pruposes in the amount of 0.063 cubic foot of water per second of time, and that Diversion Point PA -4 has been developed and the water applied to beneficial use for irrigation in the amount of 0.125 cubic foot of water per second of time. Diversion Point PA -1 and Diversion Point PA -2 have not been completely developed and the water from these sources has not been applied to beneficial use. The Referee_ does therefore conclude that the above entitled application should be granted in part and that 0.063 cubic foot of water per second of time from Diversion Point PA -3 should be and hereby is made absolute and unconditional for domestic and irrigation purposes. The Referee docs further conclude that 0.125 cubic foot -2- HO 1 9 ice si.otk IYt1� tem( ta: stip ro:•. 81CW174 of water per second of time from Diversion Point PA -4 should be and hereby is made absolute and unconditional for irrigation use. The Referee does further find that the claimant has exercised reasonable diligence in the development of the remaining condition- al water right and conditional uses, and does therefore concludes that said conditional water right and conditional uses should he continued in full force and effect. As to the remaining conditional water right and conditional uses, an Application for a Quadrennial finding of Reasonable Diligence shall be filed in July of 1985 and in July of every fourth calendar year thereafter so long as the claimant desires to maintain the conditional water right or until a determination has been made that the conditional water right has become an absolute water right by reason of the completion of the appropriation. Itis accrdingly ORDERED that this ruling shall be filed with the Water Clerk and shall become effective upon such filing, subject to Judicial review pursuant to Section 37-92-304 CRS 1973. It is further ORDERED that a copy of this ruling shall be filed with the appropriate Division Engineer and the State Engineer. Done at the City of Glenwood Springs, Ce".orado, this %_ day of ._a%de/tidvg., , 19 4*?- . 'No pretest was filed 4:1 tris m3iter The foregoing ruling is confirmed and approved. and is made the Judgmentehd Decrr ofthls . urt. Dated: ``' BY THE REFEREE: W r Referee titer Division No. 5 State of Colorado Copy of ttu.. ft>relcit)ii oamea to as. Cot.ins41 a1 Dern IN Clerk. tki.et.lr Oiv No. . rep 1+ un uc:cop IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 STATE OF COLORADO Application No. W-3274 IN THE MATTER OF THE APPLICATION) FOR WATER RIGHTS OF OREL A. MURK) AND ALMA 14URR ) IN THE COLORADO RIVER ) OR ITS TRIBUTARIES ) TRIBUTARY INVOLVED: UNNAMED ) IN GARFIELD COUNTY ) Ste `6I AMENDED RULING OF REFEREE FILE Ai✓inian No. 5 III N J'y J:5 rl.. ,- 11 ^�V.J `i ti.1E GC 010 P- t Frt;^ Cl DO The above entitled .application was filed on December'28, 1976, and was referred to the undersigned of Colorado, by the Water Judge of said Court on. the 22nd day of January, 1977, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, known as The Water Rights Determination and Administration Act of 1969. And the undersigned Referee having made such investigations as are ne- cessary to determine whether or not the statements in the application are true and having become fully advised with respect to the subject matter of the application does hereby make the following determination and ruling as the Referee in this matter, to -wit: 1. The statements in the application are true. 2. The name of the structure is Pleasant Acres Ponds, Ditches and Pipeline System. 3. The names of the claimants and address: Orel A. Murr and Alava Harr; 37659 U.S. Highway 6 and 24; New Castle, Colorado. The source of the water is from an unnamed tributary to the Colorado as Water Referee for Water Division No. 5, State 4. River. 5. The system is composed of four points of diversion described follows: as (a) Diversion Point PA -1 islocated in the SWtSE3 of Section 6, T.6S., R.92W. of the 6th P.M. at a point 635 feet North of the South line and 1,570 feet West of the East line of said Section 6. (b) Diversion Point PA -2 is located in the R.921d. of the 6th P.M. at a point 880 feet North of feet West of the East line of said Section 6. (c) Diversion Point PA -3 is located in -the R.92W. of the 6th P.M. at a point 900 feet North of feet West of the East line of said Section 6. (d) Diversion Point PA -4 is located in the R.92W. of the 6th P.M. at a point 900 feet North of feet West of the East line of said Section 6. 6. The use of the water is domestic, livestock rrigation. 7. The date of initiation of appropriation 8. The total amount of water claimed is 0.50 cubic foot of water per second of time, with each of the points of diversion supplying 0.125.dubi.c foot of water per second of time. Sd SES of Section 6, T6S., the South line and 2,115 SASE3 of Section 6, T.6S. the South line and 2,290 SASE4 of Section 6, T.65. the South line and 2,410 water, fish culture and is December, 1976. r••_ 9. The water has been used sometime in the past, but is not now being liveried and is not now being used. .._-110. The applicant intends to construct a small pond at each of the ,hints -of diversion to elevate the water sufficiently to be diverted to the :and -to heirrigated. Diversion Point PA -3 will consist of a collection box and -pipeline and the water will be used for domestic purposes. Water from :he other diversion points will be used for irrigation, livestock water and :ish culture purposes. ThP RPFPrPP doPs.therefore conclude that the above entitled application should be granted and that 0.50 cubic foot of water per second of time, con - :fisting of 0.125 cubic foot of water per second of .time from each of the :our springs PA -1, PA -2, PA -3 and PA -4, with appropriation date of December 31, 1976, is hereby awarded conditionally to the Pleasant Acres Ponds, Ditches and Pipeline System, for domestic, livestock water, fish culture and irriga- :ion purposes, provided.always that said 0.50 cubic foot•of water per second )f time is on the condition that said quantity of water be applied to a bene- icial use within a reasonable time; subject, however, to all earlier priority rights of others and to the integration and tabulation by the Division En- ;ineer of such priorities and changes of ]sights in accordance with law. The Ruling of the Referee dated July 21, 1977, is hereby cancelled. Application for a quadrennial finding of reasonable diligence shall be Filed in July of 1981 and in July of every fourth calendar year thereafter so long as claimant desires to maintain this conditional water right or until a determination has beenmade that this conditional water right has become an absolute water right by reason of the completion of the appropriation. It is accordingly ORDERED that this ruling shall be filed with the iter Clerk and shall become effective upon such review Tiursuant.to Section 37-92-304 CRS 1973. It is further ORDERED that a copy of this ruling shall be filed with the appropriate Division Engineer and the State Engineer. Done at the City of Glenwood Springs, Colorado, this • day of Wat/i Ml3Er/ , 19 77 • filing, subject to Judicial protest use filed in this matter ,foregoing ruling is confirmed approved, and ie made the (/r figment and Decree of thin court..44444 da feree 2/21/79 • Wa r Division No. 5 State of Colorado BY THE REFEREE: bed' Water Judge Recorded al Reception No. 6695137 03/03/2005 04;11P B1667 P595 M RLSDORF 1 of 1 R 6.00 D 66.90 GRRFIELD COUNTY CO WARRANTY DEED • THIS DEED, made this 2ndday of March, 2005 Between ROBERT KEITH MURK 111110 111111111111 1111 1111111111111111 1111111111111111 of the * County of Garfield, and State of CO, grantor, and TERRY D. DAVIS AND VICTORIA R. DAVIS, Joint Tenants P.O. Box 1926, Eagle CO 01631 whose legal address is:/MS ilikW9B/1/10 ¢St1hI,AN%SffOW of the County of Eagle and State of CO, grantee: WITNESSETH, That the grantor for and in consideration of the sten of $669,000.00 DOLLARS, the receipt and sufficiency of which Lis hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain sell and convey and confirm unto ncc grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado described as follows: Township 6 South, Range 92 West of the 6th P.M. Section 6: SWI/4SEt/4 TOGETHER WITH any and all water and water rights, ditches and ditch rights of way that are appurten property; title to which is not included in the warranties contained herein, including but not limited to: 6.63 Shares of the Grand River Ditch Company to subject as known by street and number as: 74 County Road 225 Rifle CO TOGETHER with all and singular the hereditaments and appurtenance thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor either in law or equity, of; in and to the above bargained premises; with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the Grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain. sell and convey the same id- 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 soaves, except general taxes and assessments for the year 2005 and subsequent years and all those specific exceptions described by reference to recorded documents as reflected in Commonwealth Title Company's Commitment No. 0502022 The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. M WITNESS WHEREOF the grantor has executed this deed on the date set forth above. Sr e_ELtk 2,17ALIA Robert Keith Murr STATE OF COLORADO COUNTY OP GARFIELD The foregoing instrument was acknowledged before me on March 2, 2005, by Robert Keith Murr. My commission expires: Commonwealth File No.0502022 - Trynn. Devil and Vinod. IL Devi, 215 owan Road 0,1000, co 11617 4 JANET L. HUBBELL NOTARY PUBLIC STATE OF COLORADO My Commission Expires 04-0E--2008 WITNESS my hand and official scat Notary Public 127 Past 5th Stract Rifle, CO 81650 In regards to your letter dated February 1, 2010 LEGAL DESCRIPTION: Township 6 South, Range 92 West of the 6th P.M. Section 6: SW1/4SE1/4 I will supply another warranty deed that clearly states legal description and all water rights to above stated property. WATER We will highlight two of the diversion points in the already submitted paper work. Also submitted earlier in the paper work you will see form the District Court In and For WATER DIVISION NO. 5 STATE OF COLORADO Application No. 81CW174 PA -3 0.063 cfs Water Court finding it an ABSOLUTE WATER RIGHT (81CW174) PA -4 0.125 cfs Water Court finding it an ABSOLUTE WATER RIGHT (81CW174) Adding this together you get 0.188 cfs Absolute water right are about 90 gallons per minute and will be in excess of what is needed for domestic use for both dwellings. Example 450 gallon minute = 1 cfs PA -3 & PA -4 85 gal minute = .188 In ONE Hour 5,100 gallons In 24 Hours 122,400 gallons In One Month 3,672,000 gallons Existing and Proposed Easements and ROW Electric — gas —telephone — TV NO easements will be created, they are service lines Article VII Standards Division I Sec 7-101 N/A Sec 7-102 N/A Sec 7-103 N/A Sec 7-104 It is in Water Court paper work that is in application package. Sec 7-105 N/A Sec 7-106 N/A Table 7-105 Addressed on Site Plan previously sent Sec 7-107 Excel for electric and natural gas already on property Sec 7-108 Garfield County Road and Bridge department drive way permit #GRB09-D-20 Sec 7-109 N/A Division II Sec 7-201 N/A Sec 7-202 N/A Sec 7-203 N/A Sec 7-204 N/A Sec 7-205 N/A Sec 7-206 on site plan (positive drainage) that has been provided Sec 7-207 N/A Sec 7-208 N/A Sec 7-209 N/A Sec 7-210 N/A Sec 7-211 N/A Sec 7-212 Reclamation — We plan on putting a premium blend grass mixture over area disturbed, the land will look better when finished than before we started Division 8 Standards for certain types of uses Sec. 7-801 A. Existing House is 1100 sq. ft. and does not exceed 1500 sq. ft. B. N/A C. Residential use only D. New Construction to be to building code E. 40 acres F. Both will have their own entrances Sec 7-802 N/A Sec 7-803 N/A Sec 7-804 N/A Sec 7-805 N/A Sec 7-806 N/A Garfield County Building & Planning Department RE: Davis Accessory Dwelling Unit, GAPA-1-10-6265 The septic and leach field proposed, for the Davis four bedroom home will be a two compartment concrete septic tank; 1250 gallon minimum 1500 gallon maximum tank outside of the house. A 4 inch sewer pipe will be installed from foundation to septic tank, with 1/8 to inch fall per lineal foot, pipe enters the tank solid side, then gray water side with a 4 inch piping, out with fluent filter installed to infiltrator system. A properly sized system based on percolation rate to determine the proper number of chambers needed for ISDS. This will take place on more than adequate space as shown on the site plan. WARRANTY DEED THIS DEED. madc this 2nd day of March, 2005 Between ROBERT KEITH MURR of the * County of Garfield, and State of CO, grantor, and TERRY D. DAVIS AND VICTORIA R. DAVIS, Joint Tenants whose legal address is : 2-1-5-15taturr-Road7Gypsu611 of the County of Eagle and State or CO, grantee: WITNESSETH, That the grantor for and in consideration of the sum of $669,000.00 DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted. bargaincd, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee. his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado described as follows: Township 6 South, Range 92 West of the 6th P.M. Section 6: SW1/4SE1/4 TOGETHER WITH any and all water and water rights, ditches and ditch rights of way that are appurtenant to subject property; title to which is not included in the warranties contained herein, including but not limited to: 6.63 Shares of the Grand River Ditch Company as known by street and number as: 74 County Road 225 Rifle CO TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions. remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor either in law or equity, of, in and to the above bargained premises, with the hereditaments_and.appurtenanccs. TO HAVE AND TO HOLD the said premiscs above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And thc Grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee, his heirs and assigns, that at the time of the cnsealing and delivery of these presents, he is well seized of the premises above conveyed, has good. sure. perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant. bargain. sell and convey the same in manner and form as aforesaid, and that the same arc free and clear from all formcr and other grants, bargains. sales. liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soevcr. except general lases and assessments for the year 2005 and subsequent years and all those specific exceptions described by reference to recorded documents as reflected in Commonwealth Title Company's Comm linen t No. 0502022 The grantor shall and will WARRANT AND FOREVER DEFEND the above bargaincd premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this decd on thc date set forth above. L!��J' am^ . C ".t Q LZ Robert Keith Murr STATE OF COLORADO ss. COUNTY OF GARFIELD COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 0502022-1 1. Effective Date: February 20, 2009 at 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 6-17-06) Proposed Insured: (b) ALTA LOAN POLICY (ALTA 6-17-06) Proposed Insured: $0.00 3. The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and is at the effective date hereof vested in: Terry D. Davis and Victoria R. Davis 4. The land refen-ed to in this Commitment is situated in the County of Garfield, State of Colorado and described as follows: Township 6 South, Range 92 West of the 6th P.M. Section 6: SWI/4SE1/4 TITLE CHARGES Informational Commitment Only $0.00 COUNTERSIGNED:-- American Land Title Association Schedule A (Rev'd 6-06) jle -e-r.,nna�.t., �.v Authorized irAgent Valid Only if Schedule B and Cover Are Attached Issuing Agent: Commonwealth Title Company of Garfield County, Inc. 127 East 5th Street Rifle, CO 81650 File No. 0502022-1 SCHEDULE B - SECTION l 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 Schedule F1 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. This commitment is for informational purposes only and no policy will be issued. NM 6 American Land Title Association Commitment Schedule 13 - Section 1 - Form 1004-5 File No. 0502022-1 SCHEDULE B - SECTION 2 Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the 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 thepublicrecords. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the premises would disclose, and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. - 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 water, whether or not the matters excepted are shown by the public record. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded June 15, 1892 in Book 12 at Page 170. 10. Perpetual easement and right of way for the transportation of water across the SWI/4SE1/4 of Section 6 as conveyed in deed recorded march 19, 1937 in Book 185 at Page 275. 11. Easement or rights of way for livestock watering and for installation and maintenance of a water pipeline and utility lines as described in deed recorded July 23, 1990 in Book 784 at Page 98. 12. Easement and right of way for any existing irrigation ditches, laterals, canals or pipelines. 13. Right of way (whether in fee or easement) for County Road No. 225. 14. Any and all matters disclosed on Improvement Survey by Bookcliff Survey. Services dated February 9, 2005. 15. Terms and conditions of Oil and Gas Lease by and between Terry D. Davis and Victoria R. Davis, as Lessor and Antero Resurces II Corporation, as Lessee, recorded June 23, 2005 in Book 1699 at Page 649, Affidavit to Extend Primary Term of Lease recorded May 5, 2008 as Reception No. 747931, and any and all interests therein or assignments ttheereo`• vLC L t2 i 1i1v t r 13 27,1r � � �)v� b �.L,� et_ �� l , co. Lc, nits f C ' LhO°( NOTE: EXCEPTION(S) N/A WILL NOT APPEAR IN THE POLICY TO BE ISSUED HEREUNDER. The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule 13 - Section 2, the following items: (1) The Deed of Trust, if any, required under Schedule B - Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales. NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. American Land Title Association Commitment Schedule B - Section 2 Form 1004-12 d OT :r n. a.O. tit/ . Producers 88 — PAID UP Revised PAID-UP OIL AND GAS LEASE AGREEMENT, Made and entered into the 29th day of April , 200 5 , by and between Terry D. Davis and Victoria R. Davis, husband and wife, ITS whose address is P.O. Box 1926 Eagle, CO 81631 , hereinafter called Lessor (whether one or more) and Antero Resources II Corporation whose address is 1625 17`h Street, Suite 300 Denver CO 80202 hereinaftercalled lessee: WITNESSETH, That the Lessor, for and in consideration of TEN AND MORE DOLLARS ($10.00+) cash in hand paid, the receipt of which is hereby acknowledged, and the covenants and agreements hereinafter contained, has gamed, demised, leased and IH, and by these presents does grant, demise, lease and let exclusively unto the said Lessee, the land hereinafter described, with the exclusive right for the purpose of drilling, mining, exploring by geophysical and other methods, and operating for and producing therefrom oil and all gas of whatsoever nature or kind, specifically including coalbed methane and any and all substances produced in association therewith from coal -bearing formations, with rights of way and casements for roads, laying pipe lines, and erection of structures thereon to produce, save and take care of said products, all that certain tract of land situated in the County of Garfield State of CO described as follows, to -wit: TOWNSHIP 6 SOUTH, RANGE 92 WEST of the 6th P.M. Section 6: SWSE EXHIBIT '07: WELL PAD LOCATION ATTACHED HERETO AND MADE A PART HEREOF Lessors herein intend to lease any right, title and interest Lessors may have in and to any and all mineral rights on, in and under any and all streets, county roads, highways, railroad strips and/or any and all other easements and rights of way whatsoever, canals, ditches and other waterways lying across and/or adjacent and/or in any way appertaining to the lands hereinabove described, including without limitation any lands acquired by accretion through meander of waterways. together with any reversionary rights therein, and together with all strips or parcels of land, (not, however, to be construed to include parcels comprising a regular 40 - acre legal subdivision or lot of approximately corresponding size) adjoining or contiguous to the above described land and owned or claimed by Lessor, and containing 40 00 acres more or Tess. I. It is agreed that this lease shall remain in force for a term of three (3) years and as long thereafter as oil or gas of whatsoever nature or kind is produced from said leased premises or on acreage pooled therewith, or drilling operations are continued as hereinafter provided, If, at the expiration of the primary term of this lease, oil or gas is not being produced on the leased premises or on acreage pooled therewith but Lessee is then engaged in drilling or re -working operations thereon, then this lease shall continue m force so long as operations are being continuously prosecuted on the leased premises or on acreage pooled therewith. and operations shall be considered to be continuously prosecuted if not more than ninety (90) days shall elapse between the completion or abandonment of one well and the beginning of operations for the drilling of a subsequent well. If after discovery of oil or gas on said land or on acreage pooled therewith, the production thereof should cease from any cause after the primary term, this lease shall not terminate if Lessee commences additional drilling or re -working operations within ninety (90) days from date of cessation of production or from date of completion of dry hole. If oil or gas shall be discovered and produced as a result of such operations at or after the expiration of the primary term of this lease, this lease shall continue in force so long as oil or gas is produced from the leased premises or on acreage pooled therewith. In the event a well or wells is drilled and completed on the lands, or on the lands pooled therewith, for the purpose of developing coalbed gas, the word "operations" shall mean, in addition to (hose matters covered in the preceding paragraph. (1) operations of said wells to remove water or other substances from the coalbed, or to dispose of such water or other substances, even though such operations do not result in the production of hydrocarbons in paying quantities, or (2) shutting -in or otherwise discontinuing production from said wells to allow for surface or underground mining affecting the drillsite or wellbore. 2. This is a PAID-UP LEASE. In consideration of the down cash payment, Lessor agrees that Lessee shall not be obligated, except as otherwise provided herein, to commence or continue any operations during the primary term. Lessee may at any time or times during or after the primary term surrender this lease as to alt or any portion of said land and as to any strata or stratum by delivering to Lessor or by filing for record a release or releases, and be relieved of all obligation thereafter accruing as to the acreage surrendered. 3. In consideration of the premises the said Lessee covenants and agrees: 1st To deliver to the credit of Lessor, free of cost, in the pipe line to which Lessee may connect wells on said land, the equal pighteen percent (15%) part of all oil produced and saved from the leased premises. 2nd To pay Lessor on gas and casinghead gas produced from said land (1) when sold by Lessee eighteen percent (18%1 of the net proceeds derived from such sale or (2) when used by Lessee off said land or in the manufacture of gasoline or other products, the market value, at the mouth of the well of eighteen percent (1 B%) of such gas and casinghead gas. 3rd To pay Lessor for gas produced from any oil well and used off the premises or in the manufacture of gasoline or any other product, a royalty of eighteen percent (16.09%0I of the proceeds, at the mouth of the well, payable monthly at the prevailing market rate. 4. Where gas from a well capable of producing gas is not sold or used. Lessee may pay or tender as royalty to the royalty owners One Dollar per year per net acre retained hereunder, such payment or tender to be made on or before the anniversary date of this lease next ensuing after the expiration of 90 days from the date such well is shut in and thereafter on or before the anniversary date of this lease during the period such well is shut in. If such payment or tender is made, it will be considered that gas is being produced within the meaning of this lease. 5. If said Lessor owns a less interest in the above described land than the entire and undivided fee simple estate therein, then the royalties (including any shut-in gas royalty) herein provided for shall be paid the Lessor only in the proportion which Lessor's interest bears to the whole and undivided fee. 6. Lessee shall have the right to use, free of cost, gas, oil and water produced on said land for Lessee's operation thereon. 7. When requested by Lessor, Lessee shall bury Lessee's pipeline below plow depth. 8. No well shall be drilled nearer than 200 feet to the house or barn now on said premises without wrinen consent of Lessor. 9. Lessee shall pay for damages caused by Lessee's operations to growing crops on said land. 10. Lessee shall have the right at any time to remove all machinery and fixtures placed on said premises, including the right to draw and remove casing. 11. The rights of Lessor and Lessee hereunder may be assigned in whole or part. No change in ownership of Lessor's interest (by assignment or otherwise) shall be binding on Lessee until Lessee has been furnished with notice, consisting of certified copies of all recorded instruments or documents and other information necessary to establish a complete chain of record title from Lessor, and then only with respect to payments thereafter made. No other kind of notice, whether actual or constructive, shall be binding on Lessee. No present or future division of Lessor's ownership as to different portions or parcels of said land shall operate to enlarge the obligations or diminish the rights of Lessee, and all Lessee's operations may be conducted without regard to any such division. If all or any pan of this lease is assigned, no leasehold owner shall be liable for any act or omission of any other leasehold owner. 12. Lessee, at its option, is hereby given the right and power at any time and from time to time as a recurring right, either before or after production, as to all or any pan of the land described herein and as to any one or more of the formations hereunder, to pool or unitize the leasehold estate and the mineral estate covered by this lease with other land, lease or leases in the immediate vicinity for the production of oil and gas, or separately for the production of either, when in Lessee's judgment it is necessary or advisable to do so, and irrespective of whether authority similar to this exists with respect to such other land, lease or leases. Likewise, units previously formed to include formations not producing oil or gas, may be reformed to exclude such non -producing formations. The forming or reforming of any unit shall be accomplished by Lessee executing and filing of record a declaration of such unitization or reformation, which declaration shall describe the unit. Any unit may include land upon which a well has theretofore been completed or upon which operations for drilling have theretofore been commenced. Production, drilling or reworking operations or a well shut in for want of a market anywhere on a unit which Includes all or a part of this lease shall be treated as if it were production, drilling or reworking operations or a well shut in for want of a market under this lease. In lieu of the royalties elsewhere herein specified. including shu;-in gas royalties_ Lessor shall receive on production from the unit so pooled royalties only on the portion of such prodricton allocated to this 'cast posh _::zaats-41 ihr7 propommn of the unit production that the total number of w"fa.,e aores corr.:refer:.thes `r_ se : v$ ,- , t b1-1.--1: t _ r',e ,., c,_ 11111111111111111111111111111: milli 111 11111 iiia 1111 676766 06/23/2005 11:42P B1699 P650 M ALSDORF 2 of 5 R 26.00 D 0 00 GRRFIELD COUNTY CO 13 When operations o production are delayed or interrupted by lack of water, labor or material, or by fire, stomt, flood, war rebellion, insurteclion, riot, strike, differences with workmen, or failure of carriers to furnish transport ur furnish facilities for transportation or lack of market in the field for the minerals produced, or as a result of any cau e whatsoever beyond the control of Lessee, the time of such delay or interruption shall not be counted against Lessee and this lease shall remain in force during such delay or interruption and ninety (90) days thereafter, anything in this lease to the contrary notwithstanding. 14, Lessor hereby warrants and agrees to defend the title to the lands herein described, and agrees that the Lessee shall have the right at any time to redeem for Lessor, by payment, any mortgages, taxes or other liens on the above described lands, in the event of default of payment by Lessor and be subrogated to the rights of the holder thereof, and the undersigned Lessors, for themselves and their heirs, successors and assigns, hereby surrender and release all right of dower and homestead in the premises described herein, insofar as said right of dower and homestead may in any way affect the purposes for which this lease is made, as recited herein. 15. Should any one or more of the parties hereinabove named as lessor fail to execute this lease, it shall nevertheless be binding upon all such parties who do execute it as Lessor. The word 'Lessor," as used in this lease shall mean any one or more or all of the parties who execute this lease as Lessor. All the provisions of this lease shall be binding on the heirs, successors and assigns of Lessor and Lessee. 16. Lessor agrees that Lessee may locate a well or wells on a drilling site located on part of the land specified by the attached Exhibit "B" described herein, including the right to a subsurface easement through any part of the land described herein, which wells will be used to access the subsurface of adjacent mineral owners. 17. Notwithstanding anything to the contrary contained herein, Lessee has the option to extend the primary term an additional one (1) year with the payment of an amount equal to $400 per net acre, such amount being paid to Lessor on or before the expiration of the primary term set forth above in paragraph 1, Such payment shall be considered tendered by Lessee and received by Lessor when deposited, postage -paid, in the United States mail, or with a nationally recognized carrier service. 18. Preferential Right. For the consideration herein recited, if during the term of this lease (but not more than 20 years after the date hereof) Lessor receives a bona fide offer from any party to purchase a new lease covering all or any part of the lands or substances covered hereby, and if Lessor is willing to accept such offer, then Lessor shall promptly notify Lessee in writing of the name and address of the offeror, and of all pertinent terms and conditions of the offer, including any lease bonus offered. Lessee shall have a period of 30 days after receipt of such notice to exercise a preferential right to purchase a new lease from Lessor in accordance with the terms and conditions of the offer, by giving Lessor written notice of such exercise. Promptly thereafter. Lessee shall famish to Lessor the new lease for execution, along with a time draft for the lease bonus conditioned upon execution and delivery of the lease by Lessor and approval of title by Lessee, all in accordance with the terms of said draft. Whether or not Lessee exercises its preferential right hereunder, then as long as this lease remains in effect any new lease from the Lessor shall be subordinate to this lease and shall not be construed as replacing or adding to Lessee's obligations hereunder. IN WITNESS WHEREOF, this instrument is executed as of the date first above written. Terry el vaavis, STATE of Colorado COUNTY of Garfield :f/C6G11 V oria R. Davis ACKNOWLEDGEMENT -INDIVIDUAL BEFORE ME, the undersigned, a Notary �xPublic, in and for said County and .State, on this Li r_L- day of /Skit personally appeared '7f";CRY "- SJp C t) (•rYi� ,200 5 , to Inc known to be the identical person - , described in and who executed the within and foregoing instrument of writing and acknowledged to me that t he same as -c40,_, f free and voluntary act and deed for the uses and purposes therein set forth and in the capacity stated therein, IN WI NESS WHEREOF, I have hereunto set my hand and affixed„ ouuial seal the day rygd year last above written. My Commission Expires: September 22, 2008 STATE. of COUNTY of Notary Public: Address: BEFORE ME, the undersigned, a Notary Public, in and for said County and State, on this personally appeared id Sic t duly executed P.O. Box 1214, Glenwood Springs, CO 81602 ACKNOWLEDGEMENT -INDIVIDUAL ,200 day of identical person _ described in and who executed the within and foregoing instrument of writing and acknowledged to me that _ same as free and voluntary act and deed for the uses and purposes therein set forth and in the capacity stated therein IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last above written. My Commission Expires' , to me known to be the he duly executed Notary Public: Address: AMENDMENT OF PAID-UP OIL AND GAS LEASE WHEREAS, Terry D. Davis and Victoria R. Davis, Joint Tenants, as Lessor, and Antero Resources Piceance Corporation (formerly Antero Resources II Corporation), as Lessee, entered into and delivered a certain Paid -Up Oil and Gas Lease (hereafter "Lease") effective April 29, 2005, (hereafter "Effective Date") covering the following described land situated in Garfield County, Colorado, recorded at Book 1699, Page 649, in the official records of said County: Township 6 South, Range 92 West of the 6th P.M. Section 6: SW/4 SE/4 WHEREAS, numerical paragraph 1 of the Lease provides for a primary term of three (3) years; WHEREAS, the parties desire to amend the Lease to provide for a primary tern of six (6) years from the Effective Date. NOW THEREFORE, in consideration of the promises and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Numerical paragraph 1 of the Lease is hereby amended to provide for a primary term of six (6) years from the Effective Date. 2. The parties acknowledge that all terms of the original lease have been complied with and all terms and conditions of the original lease shall be in full force and effect and are hereby made a part and parcel of this amendment as though they were fully set forth herein; in particular, but without limiting the foregoing, the amendment of the primary term as provided for herein does not affect numerical paragraph 17 of the Lease which affords Lessee the option to extend the primary term an additional one (1) year, and that such option to extend remains in full force and effect. 3. Except as herein modified, all terms and provisions of the Lease, and all amendments thereto, are hereby ratified and confirmed to be in full force and effect. Dated as of March 21, 2008. Poi t...141,-/ 4 01 d 1) e.xc- p'1 v 17e, • . f/i, i� et Terry D. Davis Victoria R. Davis is amu✓>v %fit' i' a ,7//)i / ACKNOWLEDGEMENT State of ) ) ss. County of ) Before me, the undersigned, a Notary Public, in and for said County and State, on this day of , 2008, personally appeared Terry D. Davis and Victoria R. Davis to me known to be the identical person(s), described in and who executed this instrument and acknowledge to me that they duly executed same as their free and voluntary act and deed for the uses and purposes therein set forth and in the capacity stated therein. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last above written. My commission expires: MEE MEE MMEMMENGINEERING INC. Terry Davis 0074 CR 225 Rifle CO 81650 RE: ADU Water Supply Plan, 0075 CR 225 Dear Mr. Davis: February 16, 2010 At your request, Resource Engineering, Inc. (RESOURCE) evaluated the water quantity and quality of the proposed water supply for an Accessory Dwelling Unit (ADU). It is anticipated that up to 5,000 square feet of landscape will be irrigated around the ADU. The water supply will come from a spring on the property that currently serves the existing single-family dwelling unit. A pump and pipeline from the spring will serve the ADU. The water demand, water supply, and water quality are addressed below. In summary, the spring source has adequate water quantity and quality to serve the existing house and the proposed ADU. WATER DEMAND The spring will serve both the existing house and the proposed ADU, so the demands for both are presented and compared to the supply from the spring. The in-house demands are based on 3.5 people per dwelling each using 100 gallons per person per day. The in-house demand is estimated at 700 gallons per day (0.5 gpm). The irrigation demand is estimated at 3.1 acre feet per acre per year. The peak month demand is in July and is estimated at 0,7 acre feet per acre. The peak day demand is estimated at one inch (0.62 gallons per square foot). The existing house has approximately 5,000 square feet on landscape irrigation and the ADU will have up to 5,000 square feet of irrigation. The peak day irrigation demand for both is estimated at 6,200 gallons (4.3 gpm). WATER QUANTITY The flow of the spring was observed by RESOURCE at seasonal low groundwater in February. The overflow from the spring not collected by the existing house pipeline was approximately 20 gpm. The flow of the spring is more than adequate to meet the existing demands on the property plus the proposed demand from the ADU. WATER QUALITY A water sample was obtained by Aqua Tec Systems on March 2, 2009, and analyzed by National Testing Laboratories, Ltd. A copy of the test results is attached. The spring water meets all of the mandatory Primary Drinking Water Standards, all of the recommended Secondary Drinking Water Standards (except TDS and Sulfate), and is classified as very hard water. The water quality is suitable for domestic and irrigation uses. The total dissolved solids level is high due to high concentrations of calcium, magnesium, sodium, and sulfate. These constituents in the water also result in hardness. Hardness results in poor taste, staining of fixtures, and build up of deposits in Consulting Engineers and Hydrologists 909 Colorado Avenue E Glenwood Springs, CO 61 601 E (970) 945-6777 E Fax (970)945-1137 Terry Davis Page 2 February 16, 2010 the hot water heater. Sulfate can result in diarrhea in some people. Filtration, softening, and under -sink reverse osmosis is suggested to improve the water quality nuisance issues. In addition, although the bacteria test was negative, the spring appears to emerge from shallow groundwater and disinfection treatment should also be considered. Please call if you have any questions or need additional information. Sincerely, RESOURC E; 1 EERING, INC. Michael J. ion, P.E. Water Resources Engineer MJE/II 1298-1.0 K:IClients11298 DAVISIDavis ADU Water Supply Plan Itr.doc Attachment =RESOURCE NEMER ENGFNEEPNG FRIG Informational Water Quality Report Watercheck w/PO Client: Terry Davis Ordered By: Aqua Tec Systems, Inc. P.O. Box 488 Glenwood Springs, CO 81602-0488 ATTN: Torn Platzer Definition and Legend EA National Testing Laboratories, Ltd. Quality water Avta.ty}L 6571 Wilson Mills Rd Cleveland, Ohio 44113 1-800-458-3330 Sample Number: 804823 Location: Lower Spring, Co Rd 225 Type of Water: Well Water Collection Date and Time: 3/2/2009 12:30 Received Date and Time: 3/3/2009 09:00 Date Completed: 03/20/2009 This informational water quality report compares the actual test result to national standards as defined in the EPA's Primary and Secondary Drinking Water Regulations. Primary Standards: Are expressed as the maximum contaminant level (MCL) which is the highest level of contaminant that is allowed in drinking water. MCLs are enforceable standards. Secondary standards: Are non -enforceable guidelines regulating contaminants that may cause cosmetic effects (such as skin or tooth discoloration) or aesthetic effects (such as taste, odor,or color) in drinking water. Individual states may choose to adopt them as enforceable standards. Action levels: Are defined in treatment techniques which are required processes intended to reduce the level of a contaminant in drinking water. mg/L (ppm): Unless otherwise indicated, results and standards are expressed as an amount in milligrams per liter or parts per million. Minimum Detection The lowest level that the laboratory can detect a contaminant. Level (MDL): ND: The contaminant was not detected above the minimum detection level. NA: The contaminant was not analyzed. .,, The contaminant was not detected in the sample above the minimum detection level. • The contaminant was detected at or above the minimum detection level, but not above the referenced standard. . The contaminant was detected above the standard, which is not an EPA enforceable MCL. • The contaminant was detected above the EPA enforceable MCL. • These results may be invalid. Status `.Contaminant Results Units .'National Standards Microbiologicals Min. Detection Level Total Coliform by P/A Total Coliform bacteria was ABSENT in this sample. Inorganic Analytes -Metals Aluminum ND mg/L 0.2 EPA Secondary 0.1 Arsenic ND mg/L 0.01 EPA Primary 0.005 Barium ND mg/L 2 EPA Primary 0.30 Cadmium ND mg/L 0.005 EPA Primary 0.002 • Calcium 101,0 mg/L 2.0 Chromium ND mg/L 0.1 EPA Primary 0.010 Copper 0.005 mg/L 1.3 EPA Action Level 0.004 Iron ND mg/L 0.3 EPA Secondary 0.020 Lead ND mg/L 0.015 EPA Action Level 0.002 Magnesium 64.10 mg/L -- 0.10 Manganese ND mg/L 0.05 EPA Secondary 0.004 Mercury ND mg/L 0.002 EPA Primary 0.001 Nickel ND mg/L -- 0.02 Potassium 4.1 mg/L -- 1.0 Selenium ND mg/L 0.05 EPA Primary 0.020 Silica 18.50 mg/L -- 1.00 Silver ND mg/L 0.1 EPA Secondary 0.002 • Sodium 129 mg/L -- 1 • Zinc 0.005 mg/L 5 EPA Secondary 0.004 Physical Factors Alkalinity (Total) 500 mg/L -- 20 Hardness 520 mg/L 100 NTL Internal 10 pH 6.7 pH Units 6.5 to 8.5 EPA Secondary Total Dissolved Solids 1200 mg/L 500 EPA Secondary 20 Turbidity Page 2 of 6 1/19/2010 3:58:11 PM ND NTU 1 EPA Action Level 0.1 Product: Watercheck w/PO Sample: 804823 Status Contaminant Results Units National Standards Inorganic Analytes - Other Min. Detection Level • Chloride 180.0 mg/L 250 EPA Secondary 5.0 • Fluoride 0.7 mg/L 4 EPA Primary 0.5 • Nitrate as N 1.7 mg/L 10 EPA Primary 0.5 Nitrite as N ND mg/L 1 EPA Primary 0.5 Ortho Phosphate ND mg/L 2.0 Sulfate 450.0 mg/L 250 EPA Secondary 5.0 Organic Analytes - Trihalomethanes Bromodichloromethane ND mg/L 0.002 Bromoform ND mg/L 0.004 Chloroform ND mg/L -- 0.002 Dibromochloromethane ND mg/L -- 0.004 Total THMs ND mg/L 0.08 EPA Primary 0.002 Organic Analytes - Volatiles 1,1,1,2 -Tetrachloroethane ND mg/L -- 0.002 1,1,1 -Trichloroethane ND mg/L 0.2 EPA Primary 0.001 1,1,2,2 -Tetrachloroethane ND mg/L -- 0.002 1,1,2 -Trichloroethane ND mg/L 0.005 EPA Primary 0.002 1,1-Dichloroethane ND mg/L -- 0.002 1,1-Dichloroethene ND mg/L 0.007 EPA Primary 0.001 1,1-Dichloropropene ND mg/L -- 0.002 1,2,3-Trichlorobenzene ND mg/L -- 0.002 1,2,3-Trichloropropane ND mg/L -- 0.002 1,2,4-Trichlorobenzene ND mg/L 0.07 EPA Primary 0.002 1,2 -Dichlorobenzene ND mg/L 0.6 EPA Primary 0.001 1,2-Dichloroethane ND mg/L 0.005 EPA Primary 0.001 1,2-Dichloropropane ND mg/L 0.005 EPA Primary 0.002 1,3 -Dichlorobenzene ND mg/L -- 0.001 Page 3 of 6 1/19/2010 3:58:11 PM Product: Watercheck w/PO Sample: 804823 Status Contaminant Results Units National Standards Min. Detection Level 1,3-Dichloropropane ND mg/L -- 0.002 1,4 -Dichlorobenzene ND mg/L 0.075 EPA Primary 0.001 2,2-Dichloropropane ND mg/L -- 0.002 2-Chlorotoluene ND mg/L -- 0.001 4-Chlorotoluene ND mg/L -- 0.001 Acetone ND mg/L -- 0.01 Benzene ND mg/L 0.005 EPA Primary 0.001 Bromobenzene ND mg/L -- 0.002 Bromomethane ND mg/L -- 0.002 Carbon Tetrachloride ND mg/L 0.005 EPA Primary 0.001 Chlorobenzene ND mg/L 0.1 EPA Primary 0.001 Chloroethane ND mg/L -- 0.002 Chloromethane ND mg/L -- 0.002 cis-1,2-Dichloroethene ND mg/L 0.07 EPA Primary 0.002 cis-1,3-Dichloropropene ND mg/L -- 0.002 DBCP ND mg/L -- 0.001 Dibromomethane ND mg/L -- 0.002 Dichlorodifluoromethane ND mg/L -- 0.002 Dichloromethane ND mg/L 0.005 EPA Primary 0.002 EDB ND mg/L -- 0.001 Ethylbenzene ND mg/L 0.7 EPA Primary 0.001 Methyl Tert Butyl Ether ND mg/L -- 0.004 Methyl -Ethyl Ketone ND mg/L -- 0.01 Styrene ND mg/L 0.1 EPA Primary 0.001 Tetrachloroethene ND mg/L 0.005 EPA Primary 0.002 Tetrahydrofuran ND mg/L -- 0.01 Toluene ND mg/L 1 EPA Primary 0.001 trans-1,2-Dichloroethene ND mg/L 0.1 EPA Primary 0.002 Page 4 of 6 1/19/2010 3:58:11 PM Product: Watercheck w/PO Sample: 804823 Status Contaminant Results Units National Standards Min. Detection Level trans-1,3-Dichloropropene ND mg/L -- 0.002 Trichloroethene ND mg/L 0.005 EPA Primary 0.001 Trichlorofluoromethane ND mg/L -- 0.002 Vinyl Chloride ND mg/L 0.002 EPA Primary 0.001 Xylenes (Total) ND mg/L 10 EPA Primary 0.001 Organic Analytes - Others 2,4-D ND mg/L 0.07 EPA Primary 0.010 1/44 Alachlor ND mg/L 0.002 EPA Primary 0.001 Aldrin ND mg/L -- 0.002 Atrazine ND mg/L 0.003 EPA Primary 0.002 Chlordane ND mg/L 0.002 EPA Primary 0.001 Dichloran ND mg/L -- 0.002 Dieldrin ND mg/L -- 0.001 Endrin ND mg/L 0.002 EPA Primary 0.0001 Heptachlor ND mg/L 0.0004 EPA Primary 0.0004 Heptachlor Epoxide ND mg/L 0.0002 EPA Primary 0.0001 Hexachlorobenzene ND mg/L 0.001 EPA Primary 0.0005 Hexachlorocyclopentadiene ND mg/L 0.05 EPA Primary 0.001 Lindane ND mg/L 0.0002 EPA Primary 0.0002 Methoxychlor ND mg/L 0.04 EPA Primary 0.002 PCB ND mg/L 0.0005 EPA Primary 0.0005 Pentachloronitrobenzene ND mg/L -- 0.002 Silvex 2,4,5 -TP ND mg/L 0.05 EPA Primary 0.005 Simazine ND mg/L 0.004 EPA Primary 0.002 Toxaphene ND mg/L 0.003 EPA Primary 0.001 Trifluralin Page 5 of 6 1/19/2010 3:58:11 PM ND mg/L -- 0.002 Product: Watercheck w/PO Sample: 804823 Status Contaminant Results Units National Standards Min. Detection Level We certify that the analyses performed for this report are accurate, and that the laboratory test were conducted by methods approved by the U.S. Environmental Protection Agency or variations of these EPA methods. These test results are intended to be used for informational purposes only and may not be used for regulatory compliance. National Testing Laboratories, Ltd. NATIONAL TESTING LABORATORIES, LTD Page 6 of 6 1/19/2010 3:58:11 PM Product: Watercheck w/PO Sample: 804823 Recorded at 1 IIIIII 11111 1 111111 1111 11111 1111 1111 11 III 1111! 1111 1111 Reception No. 669567 03/03/2005 04:11P 81667 P595 11 BLSOORF 1 of 1 R 6.00 D 66.90 CPRFIELD COUNTY CO WARRANTY DEED • THIS DEED, made this 2nd day of March, 2005 Between ROBERT KEITH MURK of the • Counly of Garfield, and State of CO, grantor, and TERRY D. DAVIS AND VICTORIA R. DAVIS, John Tenants P.O. Box 1926, Eagle CO 81631 whose legal address is:ki 96bd911/44/catke ilia/81d3h/ of We County of Eagle and Slate of CO, grantee: WITNESSETH, That the grantor for and in consideration of the sum of $669,000.00 DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Garfield and Stale of Colorado described as follows: Township 6 South, Range 92 West of the 6th P.M. Section 6: SWI/4SE1/4 TOGETHER WITH any and all water and water rights, ditches and ditch rights of way that are appurtenant to subject property; title to which is not included in the warranties contained herein, including but not limited to: 6.63 Shares of the Grand River Ditch Company as known by street and number as: 74 County Road 225 Rifle CO TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appenaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor tither in law or equity, of, in and to the above bargained premises, with the hereditamcn6 and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the Grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good. sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales. liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes and assessments for the year 2005 and subsequent years and all those specific exceptions described by reference to recorded documents as reflected in Commonwealth Title Company's Commitment No. 0502022 The grantor shall and will WARRANT AND FOREVER DEPEND the above bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any pan thereof. The singular number shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. IN WITNE-SS WHEREOF the grantor has executed this deed on the date set forth above. Robert Keith Murr STATE OF COLORADO as. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me on March 2, 2005, by Robert Keith Marc. WITNESS my hand and official scat JANET L. HUBBELL My commission expires: NOTARY PUBLIC Notary Public STATE OF COLORADO My Commission Expires 04-0g=2005 Commonwealth El. No 0502022 Rrw Terry o.00arAnd vi.,oaa a ma. 215 wa Oyytvm CO 01657 127 ext 5th reef Rifle, CO 81650 Recorded at 1 111111 11111 1111111 /111111111 1111 111111 111 11111 111 I III I Reception No. 6695 7 03/03/2005 04:11P B1667 P595 11 HLSDORF 1 of 1 R 6.00 0 66.90 GARFIELD COUNTY CO WARRANTY DEED THIS DEED, made this 2nd day of March, 2005 Between ROBERT KEITH MURR of the * County of Garfield, and State of CO, grantor, and TERRY D. DAVIS AND VICTORIA R. DAVIS, Joint Tenants ' P.O. Box 1926, Eagle CO 81631 whose legal address is: Q/isoli¢gil/JZdgsl,(.D1S'h{411{.rki isiv3'!/ of the County of Eagle and State of CO, grantee: WITNESSETH, That the grantor for and in consideration of the sum of 5669,000.00 DOLLARS, the receipt and sufficiency of which 'is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and wavey and confirm unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado described as follows: Township 6 South, Range 92 West of the 6th P.M. Section 6: SWU4SEl/4 TOGETHER WITH any and all water and water rights, ditches and ditch rights of way that are appurtenant to subject property; title to which is not included in the warranties contained herein, including but not limited to: 6.63 Shares of the Grand River Ditch Company as known by street and number as: 74 County Road 225 Rifle CO TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor either in law or equity, of, in and to the above bargained premises; wish the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the Grantor, for himself, his heirs, and personal representatives, docs covenant, grant, bargain, and agree to and with the Grantee, his heirs and assigns, that at the time ofthe enscaling and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same arc free and clear from all former and other grants, bargains, sales. liens, taxes, asscssmenns, encumbrances and restrictions of whatever kind or nature soever, except general taxes and assessments for the year 2005 and subsequent years and all those specific exceptions described by reference to recorded documents as reflected in Commonwealth Title Company's Commitment No. 0502022 The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include Ne plural, the plural the singular, and the use of gender shall be applicable to all genders. M WITNESS WHEREOF the grantor has executed this decd on the date set forth above. '� tE�� kkttk 4Y.LV\ Robert Keith Murr STATE OF COLORADO ss. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me on March 2, 2005, by Robert Keith Murt. My commission expires: e omm unweaon Fne No.0502022. naw 4m ¢Davis..a vaned. a m.i, O 5115 1.5 Bs..Road JANET L. HUBBELL NOTARY PUBLIC STATE OF COLORADO My Commission Expires 04-0g12008 WITNESS my hand and official sc 127 East 50h tree 10IDe, CO 81650 Public � O 7:12 rU W. 0 opesoloD'a . SZZ Pee%AluncJ thEl 3DNNIaUISI1I SIAVU IH.L ❑❑0 ❑❑❑ a❑❑ 11.- lGatgl:Ll:9ua81:L z 0 a . i�n law ii• 8 �o1�7�r t�l + 4149fAl: „7p.JIl. ti SS io -n u _ om ayY,�pgppn • LW IEo'19to1B • ooB1'LSZ'oL8 W9tR .9.0PD rPwtl'99t9 .1119'Pol Z!L'er 'OM'3tlann DIN - NOS LZ9 oa SCJ opesoloD'a . 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New Search Buy Irnages/Photograph2 Digital images.Collectiw Home History and Gen.ealooy Permission and Policy or Use :pyri © 19952007 Denver Public Library, Colorado Historical Society, and Denver Art Museum a:iv L./etc 1,471,,i -Li enid- 046-- SICAL FEATURES 0 0 2 z 0 W 0 W ra a F r z • �x 4� C F o ‘.0 o o v, kr)i U ai Q v0 �M.+N .M..N vl 01 O O O �O Lake, Water Course, Irrigation Ditch or Stream (3) 25 „„J" NNNN�- 25 vr OO'/1 ;�vl Subsoil Drains, Intermittent Irrigation Lateral 0 0 0 0 0 0 0 0 �o Property Lines, Piped or Lined Irrigation Ditch O c- O O O O O O O O Dwelling Occupied Building ry vi 20 N ^. v O Potable Water Supply Cistern OS v.,kr)�n N (.4 c^.1 vi N v, N Lf -1v N 25 25 rq N Potable Water Supply Line N O yr (`I O vin N v1 vN N vl vN Ntri vN (4)(2) I0 ry 0 v_. N O v �. •N O �.-.. N O ��. Spring, Wells, Suction Lines 0 v0 0 v0 0 vo 0 O 0 O b b os - (2) S (2) 50 NO Dispersal System Utilizing Aerosol Methods IJ Seepage Pit or Slit Trench Absorption Trench, Seepage Bed, Sand Filter, Sub -surface Dispersal System, or Drywell Unlined Sand Filter in Soil With a Percolation Rate Slower than 60 Minutes per Inch Unlined or Partially Lined Evapotranspiration System, Wastewater Pond, or Surface Disposal System Other than Aerosol Lined Sand Filter Lined Evapotranspiration Field or Lined Wastewater Pond Pit Privy or Vault Privy Septic Tanks, Treatment Plants, Dosing Tanks, Vaults Building Sewer or Effluent Lines 4 41 3► 0 1 s.. -5% Distance shown shall not apply to treatment plants or effluent lines where recycling is permitted. conveyance pipe is encased as in (2) above, specified in the table. Encroachments may be permitted provided the N N N