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HomeMy WebLinkAbout13.0 Water Supply & RightsCORONA WATER LAW Craig V. Corona, Esq. 420 E. Main St., Ste. 210B Aspen, CO 81611 (970) 948-6523 cc@craigcoronalaw.com November 17, 2017 David Pesnichak, AICP Garfield County Community Development 108 8th St., Suite 401 Glenwood Springs, CO 81601 Re: Aspen Polo Partners, LLP PUD Substantial Amendment Dear David, This letter is in response to your letter to Jon Fredericks of Landwest Colorado, LLC regarding Aspen Polo Partners, LLP's Substantial PUD Amendment for their property formerly known as TCI Lane Ranch. On behalf of APP, this letter is to address concerns raised in your letter over legal and physical water supply for the proposed development. Background. APP intends to develop the property in two zones. Zone District 1 will consist of polo facilities including two polo fields, five barns with one apartment each, one maintenance barn with two apartments, four cabins, and a clubhouse. Zone District 1 will also include three ponds. Zone District 2 plans include up to 42 dwelling units, a greenhouse and a community center. APP will provide water to both Zone District 1 and Zone District 2 using a recently constructed well and available surface water supplies. Well Permit. Your letter requests a well permit for full buildout of Zone Districts 1 and 2 or, "at a minimum" a well permit application to provide for the domestic and commercial uses to be made. As you noted, APP currently holds a monitoring hole permit under which the well was drilled. APP is in the process of applying to convert this permit to a production permit allowing all of the proposed uses. Attached with this letter is a copy of the permit application that will be submitted to the Division of Water Resources. This application requests a permit to use the well for domestic and commercial uses. In a letter attached to the permit application, APP presents a detailed description of the uses and estimated amounts requested. The well will not be used for irrigation. David Pesnichak, AICP Garfield County Community Development Aspen Polo Partners, LLP APP will use water available under its Basin Ditch, Middle Ditch, and Lower Ditch surface water rights to irrigate the polo fields and landscaping around the facilities. To cover out of priority depletions, APP is applying to the Basalt Water Conservancy District for a water allotment contract and to be included in the District's batch augmentation plan. Augmentation Plan - Basalt Water Conservancy District. Your letter requests the application for an augmentation plan that APP has submitted to the applicable district. Attached with this letter are copies of APP's applications to the Basalt Water Conservancy District ("Basalt District"). These request water allotment contracts to cover out of priority depletions from the domestic and commercial uses on the property in both Zone District 1 and Zone District 2. These applications include detailed descriptions of the uses and estimated demands for each use. Also attached are the demand calculations as generated by Resource Engineering which will be used by the Basalt District to determine the final contract amount. Our understanding is that APP's proposed uses are consistent with those for which the Basalt District's batch augmentation plan was decreed in Case No. 02CW77. Barring unforeseen circumstances, we expect the Basalt District to approve the applications and issue the water allotment contracts as requested. Conclusion. In sum, with the well permit and water allotment contracts APP has applied for, APP will have a legal water supply in place to provide for all of the proposed uses at the property. Please don't hesitate to contact me if you have any questions or concerns. Thank you very much, /*•• Craig V. Corona David Pesnichak, AICP Garfield County Community Development Aspen Polo Partners, LLP ATTACHMENTS The following documents are attached: Well Permit Application, BWCD Contract Application Zone 1, BWCD Contract Application Zone 2, and the demand calculations in table format from Resource Engineering. APP includes only one set of the exhibits to the applications to avoid duplication. This includes Exhibit A Deed and Map, Exhibit B Zone Map, Exhibit C Uses and Demands. COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST., Ste 821, DENVER, CO 80203 Main: (303) 866-3581 _ HorrlliAtate,s us RESIDENTIAL Note: Also use this form to apply for Iiveatock watering Water Well Permit Application Review form instructions prior to completing form. Hand completed forms must be completed In black or blue Ink or typed. 1. Applicant information Office Use Only -t, Form GWS -44 (7/2012) Names) Aspen Polo Partners, LLP, c/o Corona Water Law Mailing address ,420 E. Main Street, Suite 210B City Aspen Telephone (w/area code) 970-948-6523 Slate I Zip code CO 81611 Email ccicraigcoronalaw.com 2. Type Of Application (check applicable boxes) ❑ Change source (aquifer) ❑ Reapplication (expired permit) o Rooftop precip. collection ❑ Other: ❑ Construct new well ❑ Replace existing well • Use existing well ❑ Chane or Increase use 6. Use Of Well (check applicable boxes) See instructions to determine use(s) for which you may qualify A. Ordinary household use in one single-family dwelling (no outside use) See sheet attached as Ex. C. ❑ B. Ordinary household use in 1 to 3 single-family dwellings: Number of dwellings: ❑ Home gardenflawn irrigation, not to exceed one acre: area irrigated In sq. ft. 11 acre ❑ Domestic animal watering — (non-commercial) ❑ C. Livestock watering (on farm/ranch/range/pasture) 3. Refer To (if applicable) Well permit rf - 1 Waler Court case 0 307221 Applying for BWCD Contract Designated Basin Determination A well name or 4 APP Well No. 1 7. Well Data (proposed) Maximum pumping rate r Annual amourti to be withdrawn 61 gpm acre-feet Total depth Aquifer feet Alluvium 8. Water Supplier 4. Location Of Proposed Well (Important! See Instructions Is this parcel within boundaries of a water service area?❑ YES® NO If yes. provide name of supplier: County Garfield Section Township N ors SE 114 of the NE 1/4 Range E or W Prtnapal Menden 31 7 IDC 87 Ei II 6th 9. Type Of Sewage System Distance of well from section lines (section tines are typically not propeny lines) FLfrom ❑N DS Ft.from❑E IDW For replacement welts only — distance and direction from old well to new well feet Direction Well lacabon address (Include Ory, Stale, Trp) DCheck dwell address Is same as In Bern 1 16411 Highway 82, Carbondale, CO 81623 Oplionel: GPS well location info rmabon In UTM format. GPS unit se tsrgs are as follows. Format crust be UTM ❑ Zone 12 orri Zona 13 Units must be Meters Datum must be NAD83 Unit mist be set to hue north Was GPS unit checked for above? ■ YES Easting: 315419 Northing: 4363856 Remember to set Datum to NANO ■ Septic tank / absorption leach field ❑ Central system District name: ❑ Vault: Location sewage to be hauled to: ❑ Other (explain) 10. Proposed Well Driller License #(optional): 11. Sign or Enter Name of Applicant(s) or Authorized Agent The making of false statements herein constitutes perjury in the second degree, which is punishable as a Gass 1 misdemeanor pursuant to C R.S. 24-4-104 ( )(a). I have read the statements herein, know the contents thereof a state t wey are true to my knowledge. I Sign or enter mels) n(s) submitting application 5. Parcel On Which Well Will Be Located (You must attach a current deed for the subjectparcel? A. You must check and complete one of the following: ❑ Subdivision: Name Lot Block Filing/Unit ❑ County exemption (attach copy of county approval & survey) Name/# Lot # ❑ Parcel less than 35 acres, not in a subdivision attach a deed with metes & bounds description recorded prior to June 1, 1972, and current deed ❑ Mining claim (attach copy of deed or survey) Name/#: ❑ Square 40 acre parcel as described in Item 4 ■ Parcel of 35 or more acres (attach metes & bounds description or survey) ❑ Other: (attach metes & bounds description or survey) If signing pont a tw and title Marc Ganzi, Office Use Only USGS map name IDate (mmfddlyyyy, Al- DWR reap no. Surface elev B. tl of aces In parcel ; C. Are you the owner of tiles parte'? 109.25 lig YES ❑ NO D. did this be the orly well an this parcel? El YESI13 NO (ii no — list other walls) E. State Parcel IDN(opbonaq: 2391-311-00-033 1 AODAMAP WE WR cwCe TOPO MYLAR SEs Receipt area only Div WD BA MD Rev. 03/13 APPLICATION FOR WATER ALLOTMENT CONTRACT BASALT WATER CONSERVANCY DISTRICT 1. Applicant's Contact Information: a. Name: b. Mailing Address: c. Street Address: d. Telephone Numbers: e. Email Address: Aspen Polo Partners, LLP 715 West Main Street Aspen, CO 81611 16411 Highway 82 Carbondale, CO 81623 (970) 948-6523 (Craig Corona); (970) 925-5625 (Wright Law Aspen) f. If Applicant is represented by an Attorney, please provide the Attorney's contact information, including name, address, telephone, and email: g. Craig V. Corona Corona Water Law 420 E. Main Street, Suite 210B Aspen, CO 81611 (970) 948-6523 cc@craigcoronalaw.com Emergency Local Contact Information, including name, address, telephone, and email: Michael Buchanan (970) 948-0403 emby1516@gmail.com h. Contact Information of property manager, caretaker, irrigator, system operator, or agent who should be provided a copy of this contract, including name, address, telephone, and email: See (g) above. 2. Type of land use (development) proposed for water allotment contract: Residential and commercial. Basalt Water Conservancy District Water Allotment Application Page 2 3. Legal description and address of property on which District's water rights and/or contract water will be used (attach map and vesting deed with proof of ownership)*: See deed and map attached as Exhibit A. The deed includes the legal description for the entire property owned by Applicant. The property will be developed in two zones. A map showing the two separate zones is attached as Exhibit B. This application is for a contract for uses on the polo facility development on Zone 1. Applicant is applying separately for a contract for development uses to be made on Zone 2. 4. Elevation of property: X 6-7,000 ft., 7-8,000 ft., 8-9,000 ft. 5. Name and legal description of water supply diversion points: Name of Diversion APP Well No. 1 Type of Diversion Well (e.g., a well, spring, ditch, pipeline, etc.) Legal Description: SE Quarter, NE Quarter, Section 31 , Township 7 S, Range 87 W, 6th Principal Meridian, at a location feet from the Section line and feet from the Section line. UTM Coordinates (NAD 83): Northing: 4363856.14 Easting: 315419.15 Zone 12 / X Zone 13. Irrigation Diversion Points and Sources for the Ponds: Diversions to irrigation will not be made from the well, but will be made from the following ditches available to Applicant. Name of Diversion: Basin Ditch. Legal Description: From CA3082 decree - The headgate is located on the north bank of the Roaring Fork River at a point whence the quarter corner common to Sections 32 and 33, Township 7 South, Range 87 West of the 6th P.M., bears North 40°41' West 1,079 feet. Name of Diversion: Lower Ditch. Basalt Water Conservancy District Water Allotment Application Page 3 Legal Description: From CA5884 decree — The point of diversion of said ditch is located on the east bank of the Roaring Fork River whence the North quarter corner of Section 31, Township 7 South, Range 87 West of the Sixth Principal Meridian bears North 27°12'12" West 3,873.08 feet. Name of Diversion: Middle Ditch. Legal Description: From CA132 decree — The headgate is located on the north bank of Cummings Springs channel in Garfield County near the eastern line of the land claimed by Alexander Patterson, near the north bank of the Roaring Fork River, on or near Sec. 32, T. 7 S., R 87 W. UTM coordinates from the Middle Ditch CDSS Structure Summary Report: Northing: 4363735. Easting: 315720. Name of Diversion: C.C. Cerise Gilligan Ditch. Legal Description: From 90CW196 decree — The point of diversion is in the SW '/4, NW '/4 of Sec. 32, T. 7 S., R. 87 W. of the 6r'' P.M. at a point 1,150 feet east of the west section line and 2,400 feet south of the north section line of said Sec. 32. Pond Locations: Name of Pond: West Pond. Legal Description: UTM coordinates: Northing — 4363936. Easting — 315207. Name of Pond: North Pond. Legal Description: UTM coordinates: Northing — 4363993. Easting — 315280. Name of Pond: South Pond. Legal Description: UTM coordinates: Northing — 4363815. Easting — 315320. If diversion point is a well, please provide the Well Permit No.: Applicant has obtained a monitoring hole permit (Permit #307221) and has constructed the well. Applicant is applying to convert this permit to a production permit once the allotment contract is issued. Basalt Water Conservancy District Water Allotment Application Page 4 Is the well operational/active? Yes, X No Note: the well is operational, but will not be considered active until the permit for all requested uses has been issued by the Division of Water Resources. Is there currently an operating well meter? Yes, X No, although Applicant will install a totalizing flow meter. 6. Legal Water Supply: (please check one) X Applicant requests consideration by the District to be included in the District's Umbrella Plan for Augmentation decreed in Case No. 02CW77.* 7. Proposed waste water treatment system: (please check) Tap to central waste water treatment facility X Septic tank/leachfield system Evapotranspiration system Other: 8. Proposed use of water (please check) X Domestic/Municipal (single family home(s), duplex(s), condominium(s), mobile home(s), apartment). Please complete page four of this application. X Commercial (hotel, office, warehouse, restaurant, bar, retail). Please complete page five of this application. Industrial (gravel pit, manufacturing). Please complete page six of this application. Agricultural (crop irrigation, stock watering). Please complete page seven of this application. Date on which the county or other applicable governmental entities approved the land use for which you seek legal water service: A land use application is currently before Garfield County. Garfield County requires proof of legal water supply to fully consider the land use application. 9. What other water rights are associated with or used on the property? Basin Ditch, Lower Ditch, Middle Ditch, CC Cerise — Gilligan Ditch, Oscar Cerise Well Nos. 1-4 decreed in Case No. W-890. 10. What other uses of water occur on the property? Currently, the property has agricultural irrigation and a commercial greenhouse on Zone 2. Applicant plans to develop Zone 2 of the property as a residential development in the future and is applying separately for a water allotment contract for that development. Basalt Water Conservancy District Water Allotment Application Page 5 Please complete the section below if you selected domestic/municipal use on Page 3, No. 8 DOMESTIC/MUNICIPAL WATER USES In -House Single family residential home(s) Number of Units: 4 These will be four two-bedroom cabins (see attached Exhibit C) Duplex(s) Number of Units: Condominium(s) Number of Units: Apartment(s) Number of Units/Rooms: 7 These will be apartments located within barn facilities, each with 2 bedrooms (see attached Exhibit C). Mobile Home(s) Number of Units: Irrigation (lawns, parks, open space) Total area to be irrigated Sq. Ft. or 2.5 Acres Type of irrigation system (please check) X Sprinkler Flood (irrigation ditch) Domestic stock watering (cattle, horses) Number of animals: 120 horses Period of use (months): Year-round Other domestic/municipal uses not listed: See sheet attached as Exhibit C for details of all proposed uses. The cabins, the dwelling units in the horse barns, and the irrigation around the cabins and the horse barns are being treated as residential uses. The rest of the uses are being treated as commercial uses. The irrigation use covered by this contract is only for the months of April and October. Basalt Water Conservancy District Water Allotment Application Page 6 Please complete this page if you selected commercial use on Page 3, No. 8 In -House Hotel: Office(s), square footage: COMMERCIAL WATER USES Warehouse/distributor, square footage: Retail, square footage: Restaurant, number of seats: Bar, number of seats: Irrigation (lawns, parks, open space) Total area to be irrigated Sq. Ft. or Acres Type of irrigation system (please check) Sprinkler Flood (irrigation ditch) Other Commercial Uses Not Listed: As stated above, the cabins, the dwelling units in the barns, and the irrigation around the cabins and the horse barn are being treated as residential uses. Applicant does not request water to replace depletions from irrigating the polo fields. The remaining uses on Exhibit C are being considered as commercial uses on the property. The irrigation use covered by this contract is only for the months of April and October. There will also be three ponds on the property. Applicants request contract amounts to replace evaporation from these ponds. The surface area for each pond will be approximately 8,000 square feet. We understand this use will be considered commercial use. Basalt Water Conservancy District Water Allotment Application Page 7 VERIFICATION STATE OF C; A a ) ) ss. COUNTY OF ck ) I, Marc Ganzi, being first duly sworn, upon oath, depose and state as follows: 1) 1 am the Applicant or a duly authorized officer, manager, agent or attorney-in-fact for the Applicant for this Application for Water Allotment Contract; 2) I have read and know the contents of this Application; 3) The information contained herein is an accurate and complete description of the Applicant's intended use of the Basalt Water Conservancy District's water rights; 4) The Applicant acknowledges that the accuracy and truth of all statements in this Application are conditions of approval of this Application by the Basalt Water Conservancy District and of the Contract to be made pursuant to such approval; and 5) I acknowledge that this application shall be subject to the District's Water Allotment Contract as approved and issued by the District. Date: qu o nn 3 - By: Print Name: Marc C. Ga>11zi Title: Managing Partner Subscribed and sworn before me this Red' day of (Q..A,k6 t-- , 20 11 by Witness my hand and seal. My commission expires: ANUSHKA FROMER ''I MY COMMISSION # FF923.502 '. EXPIRES October 01. 2019 µµn3;64153 HoiitlMlowyjpetyorr A't4 .. Notary Public Anushko Fromer Rev. 03/13 APPLICATION FOR WATER ALLOTMENT CONTRACT BASALT WATER CONSERVANCY DISTRICT 1. Applicant's Contact Information: a. Name: b. Mailing Address: c. Street Address: d. Telephone Numbers: e. Email Address: Aspen Polo Partners, LLP Zone 2 715 West Main Street Aspen, CO 81611 16411 Highway 82 Carbondale, CO 81623 (970) 948-6523 (Craig Corona); (970) 925-5625 (Wright Law Aspen) f. If Applicant is represented by an Attorney, please provide the Attorney's contact information, including name, address, telephone, and email: g. Craig V. Corona Corona Water Law 420 E. Main Street, Suite 210B Aspen, CO 81611 (970) 948-6523 cc@craigcoronalaw.com Emergency Local Contact Information, including name, address, telephone, and email: Michael Buchanan (970) 948-0403 emby1516@gmail.com h. Contact Information of property manager, caretaker, irrigator, system operator, or agent who should be provided a copy of this contract, including name, address, telephone, and email: See (g) above. 2. Type of land use (development) proposed for water allotment contract: Residential and commercial. Basalt Water Conservancy District Water Allotment Application Page 2 3. Legal description and address of property on which District's water rights and/or contract water will be used (attach map and vesting deed with proof of ownership)*: See deed and map attached as Exhibit A. The deed includes the legal description for the entire property owned by Applicant. The property will be developed in two zones. A map showing the two separate zones is attached as Exhibit B. This application is for a contract for uses on Zone 2. Applicant is applying separately for a contract for uses to be made on Zone 1. 4. Elevation of property: X 6-7,000 ft., 7-8,000 ft., 8-9,000 ft. 5. Name and legal description of water supply diversion points: Name of Diversion APP Well No. 1 Type of Diversion Well (e.g., a well, spring, ditch, pipeline, etc.) Legal Description: SE Quarter, NE Quarter, Section 31 , Township 7 S, Range 87 W, of the 6THh Principal Meridian, at a location feet from the Section line and feet from the Section line. UTM Coordinates (NAD 83): Northing: 4363856.14 Easting: 315419.15 Zone 12 / X Zone 13. If diversion point is a well, please provide the Well Permit No.: Applicant has obtained a monitoring hole permit (Permit #307221) and has constructed the well. Applicant is applying to convert this permit to a production permit once the allotment contract is issued. Is the well operational/active? Yes, X No. The well is operational, but will not be active until the well permit for all uses is issued by the Division of Water Resources. Is there currently an operating well meter? Yes, X No, although Applicant will install a totalizing flow meter once the well is connected to the water supply system. 6. Legal Water Supply: (please check one) Basalt Water Conservancy District Water Allotment Application Page 3 X Applicant requests consideration by the District to be included in the District's Umbrella Plan for Augmentation decreed in Case No. 02CW77.* 7. Proposed waste water treatment system: (please check) Tap to central waste water treatment facility X Septic tank/leachfield system Evapotranspiration system Other: 8. Proposed use of water (please check) X Domestic/Municipal (single family home(s), duplex(s), condominium(s), mobile home(s), apartment). Please complete page four of this application. X Commercial (hotel, office, warehouse, restaurant, bar, retail). Please complete page five of this application. Industrial (gravel pit, manufacturing). Please complete page six of this application. Agricultural (crop irrigation, stock watering). Please complete page seven of this application. Date on which the county or other applicable governmental entities approved the land use for which you seek legal water service: A land use application is currently before Garfield County. Garfield County requires proof of legal water supply to fully consider the land use application. 9. What other water rights are associated with or used on the property? Basin Ditch, Lower Ditch, Middle Ditch, CC Cerise — Gilligan Ditch, Oscar Cerise Well Nos. 1-4 decreed in Case No. W-890. 10. What other uses of water occur on the property? Currently, agricultural irrigation and greenhouse irrigation occurs on the property. Applicant will provide its senior surface irrigation water rights for Zone 2 lawn irrigation. Zone 1 will include polo facilities including fields, barns, and a clubhouse. Those uses are to be supported by a contract Applicant is requesting separately. Basalt Water Conservancy District Water Allotment Application Page 4 Please complete the section below if you selected domestic/municipal use on Page 3, No. 8 DOMESTIC/MUNICIPAL WATER USES In -House Single family residential home(s) Number of Units: 42 Duplex(s) Number of Units: Condominium(s) Number of Units: Apartment(s) Number of Units/Rooms: Mobile Home(s) Number of Units: Irrigation (lawns, parks, open space) Total area to be irrigated Sq. Ft. or Acres Type of irrigation system (please check) Sprinkler Flood (irrigation ditch) Domestic stock watering (cattle, horses) Number of animals: Period of use (months): Basalt Water Conservancy District Water Allotment Application Page 5 Please complete this page if you selected commercial use on Page 3, No. 8 In -House Hotel: Office(s), square footage: COMMERCIAL WATER USES Warehouse/distributor, square footage: Retail, square footage: Restaurant, number of seats: Bar, number of seats: Irrigation (lawns, parks, open space) Total area to be irrigated Sq. Ft. or Acres Type of irrigation system (please check) Sprinkler Flood (irrigation ditch) Commercial stock watering (cattle, horses) Number of animals: Period of use (months): Other Commercial Uses Not Listed: Besides the 42 residences, Zone 2 development includes a community center and a greenhouse. Applicant requests this contract to cover the uses associated with these structures. See attached Exhibit C for details of the demands for such uses. Basalt Water Conservancy District Water Allotment Application Page 6 VERIFICATION STATE OF 0,) ) ss. COUNTY OF _0► {Y► _* ) I, Marc Ganzi, being first duly sworn, upon oath, depose and state as follows: 1) I am the Applicant or a duly authorized officer, manager, agent or attorney-in-fact for the Applicant for this Application for Water Allotment Contract; 2) I have read and know the contents of this Application; 3) The information contained herein is an accurate and complete description of the Applicant's intended use of the Basalt Water Conservancy District's water rights; 4) The Applicant acknowledges that the accuracy and truth of all statements in this Application are conditions of approval of this Application by the Basalt Water Conservancy District and of the Contract to be made pursuant to such approval; and 5) I acknowledge that this application shall be subject to the District's Water Allotment Contract as approved and issued by the District. Date: By: Print Name: Marc C. Ghnzi Title: Managing Partner Subscribed and sworn before me this 104 day of c , 20 (i by Mose- . an21 Witness my hand and seal. My commission expires: ANUSHKA FROMER MY COMMISSION X FF923502 EXPIRES October 01.2019 oon 3coeles florodallotarySsMoszorn Notary Public Anushka Fromer Garfield County Land Explorer Printed by Web User ' Garfield County Garfield County Land Explorer Garfield County, Colorado 1 inch = 1,505 feet 1 inch = 0.28 miles 0.2 OA 0.8 Mlles Garfield County Garfield County Colorado www.garfield-county.com Colorado Disclaimer This is compilation of records as they appear in the Garfield County Offices affecting the a rea shown. This drawing is tobeused only for reference purposes and the County is not responsible for any inaccuracies herein contained. © Copyright Garfield County, Colorado 1 All Rights Reserved Printed: 11/2/2017 at 4:30:37 PM 893042 06/01/2017 10:35:44 AM Page 1 of 7 Jean Alberico, Garfield County, Colorado Rec Fee: $43.00 Doc Fee: $720.00 eRecorded After recording return to: Wright Law Aspen, LLP 715 West Main Street, Suite 201 Aspen, Colorado 81611 Exhibit A SPECIAL WARRANTY DEED THIS DEED dated 3I May 2017, is granted and made by and between TCI LANE RANCH, LLC, a Colorado limited liability company, (the "Grantor") and ASPEN POLO PARTNERS, LLP, a Colorado limited liability partnership, whose mailing address given is: 715 West Main Street, Suite 201, Aspen, Colorado 816u (collectively "Grantee"). WITNESSETH, that the Grantor, for and in consideration of the sum of Seven Million, Two Hundred Thousand and oo/ too U.S. Dollars ($7,200,000.00) and other good and valuable consideration to the Grantor in hand paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, has sold and conveyed, and by these presents does sell and convey to the Grantee, all the real property situate, lying and being in Carbondale, Colorado, described as follows: Atract of land situated in Lots 8, 9, and 10 of Section 31 and in Lots 5 and 13 of Section 32, all in Township 7 South, Range 87 West of the 6th Principal Meridian, Garfield County, Colorado, lying Southerly of and adjacent to the Southerly right of way line of Old State Highway 82 and being more particularly described as follows: Beginning at a point on said Southerly right of way line whence a stone found in place for the witness corner to the Northeast corner of said section 31 bears N 26 degrees oo' 43" E 1433.52 feet; thence S 79 degrees 58' 52"E 2125.37 feet along said Southerly right of way line to the Northwest corner of a parcel of land described in Book 1013 at Page 423 of the records of the Garfield County Clerk and Recorder; thence along the Westerly boundary line of said parcel on the following two (2) courses: S 04 degrees 55' oo" W 461,90 feet; thence S 01 degrees oo' oo" E 861.25 feet to a point on the Northerly right of way line of the Roaring Fork Transit Authority Railroad right of way; thence 169.57 feet along said Northerly railroad right of way line on the arc of a 1565.69 foot radius curve to the left, the chord of which bears S 54 degrees 32' 43" W 169.49 feet to a point on the Southerlyboundary line of said Lot13; thence N 89 degrees 54'14"W 651.37feet along the Southerly boundary line of said Lot 13 to the Northeast corner of said Lot lo; thence S 00 degrees 10' 37" E 354.80 feet along the Easterly boundary line of said Lot 10 to a point in the center of the Roaring Fork River; thence along the center of said Roaring Fork River on the following seven (7) courses: S 86 degrees 53' 04" W 294.14 feet; thence S 85 degrees 32' 23" W 117.60 feet; thence S 78 degrees 29' 25" W 123.94 feet; thence S 89 degrees 17' 47" W 118.54 feet; thence S 67 degrees 42' 27" W 386.4o feet; thence S 62 degrees 48' 18" W 124.67 feet; thence S 57 degrees 58' 42" W 235.29 feet to a point on the Easterly boundaryline of Blue Creek Ranch recorded as Reception No. 623535 in the records of the Garfield County Clerk and Recorder; thence along the Easterly boundary line of said Blue Creek Ranch on the following three (3) courses: N oo degrees 1o' 37" W 736.64 feet; thence N 89 degrees 54' 14" W 231.46 feet; thence N 0o degrees 02' 13" W1677,90 feet to the Southwest corner of a parcel of land described in Book 333 at Page 511 of the Garfield County records; thence S 79 degrees 52' 12" E 278.0o feet along the Southerly boundary line of the parcel described in said Book 333 at Page 511 to the Southeast corner of said parcel; thence N 0o degrees 02' 13" W 156.69 feet along the Easterly boundary line of said parcel to the point of beginning; Garfield County, Colorado; also known as: 16411 Old State Highway 82, Carbondale, Colorado 81623. 893042 06/01/2017 10:35:44 AM Page 2 of 7 Jean Alberico, Garfield County, Colorado Rec Fee: $43.00 Doc Fee: $720.00 eRecorded SPECIAL WARRANTY DEED TCI Lane Ranch, LLC to: Aspen Polo Partners, LLP Exhibit A. Garfield County, Colorado AND, EXCEPT AS HEREINAFTER STATED, together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of the Grantor, either hi law or equity, of, in and to the above bargained premises with the hereditaments and appurtenances. TO HAVE AND TO HOLD, the above bargained premises described with the appurtenances, unto the Grantee, its successors and assigns forever, free and clear of all liens and encumbrances except: taxes for 2017, which are not yet due or payable; and except as follows: 1. Right of way for ditches or canals constructed by the authority of the United States, as reserved in the United States Patent dated 3o June 1892, and recorded 2 May 1903, in Book 73 at Page 167, as Reception No, 082729; and as reserved in the United States Patent dated 5 June 1894 and recorded 11 August 1894 in Book 12 at Page 333 as Reception No. 017568. 2. 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 right of way for ditches or canals constructed by the authority of the United States, as described in the United States Patent dated 5 June 1894 and recorded 11 August 1894 in Book 12 at Page 333 as Reception No. 017568 and as described in the United States Patent dated 30 June 1892, and recorded 2 May 1903, in Book 73 at Page 167, as Reception No. 082729. 3. Terms, conditions, provisions, agreements and obligations specified in the deed reserving an undivided one-half interest in and to any and all oil, gas rights and any and all assignments thereof or interests therein on or under said land described in the deed recorded dated 10 January 1944 and recorded to January 1944 in Book 208 at Page 584 as Reception No. 150766. 4. Terms, conditions, provisions, agreements and obligations specified in the deed reserving an undivided one-half interest in and to any and all oil, gas rights and any and all assignments thereof or interests therein on or under said land described in the deed dated 4 April 1961 and recorded 12 April 1961 in Book 333 at Page 302 as Reception No. 213359. 5. Terms, conditions, provisions, agreements and obligations specified under the Right-of-way Easement dated 25 August 1961 and recorded 19 October 1961 in Book 337 at Page 229 as Reception No. 215432. 6. Terms, conditions, provisions, agreements and obligations specified under the Right-of-way Easement dated 8 November 1973 and recorded 31 January 1974 in Book 454 at Page 467 as Reception No. 261611. 7. Terms, conditions, provisions, agreements and obligations specified under the Right-of-way Easement dated 21 October 1975 and recorded 22 October 1975 in Book 479 at Page 875 as Reception No. 269894. Page 2 of 6 893042 06/01/2017 10:35:44 AM Page 3 of 7 Jean Alberico, Garfield County, Colorado Rec Fee: $43.00 Doc Fee: $720.00 eRecorded SPECIAL WARRANTY DEED TCI Lane Ranch, LLC to: Aspen Polo Partners, LLP Exhibit A Garfield County, Colorado 8. Terms, conditions, provisions, agreements and obligations specified under the Order of Possession and Rights of Access document dated 13 May 1992 and recorded 26 August 1992 in Book 84o at Page 224 as Reception No. 438360. 9. Terms, conditions, provisions, agreements and obligations specified under the Rule & Order and Rights of Access document dated 8 November 1993 and recorded 27 December 1993 in Book 887 at Page 64o as Reception No. 457087. 10. Terms, conditions, provisions, agreements and obligations specified under the Quit Claim Deed for Water Rights, dated August 31, 2006, and recorded September 1, 2006, as Reception No. 705846. 11. Terms, conditions, provisions, agreements and obligations specified under Resolution No. 2007 -PC -05, A Resolution Concerned With an Amendment to the Garfield County Comprehensive Plan, Study Area I, By the Garfield County Planning Commission, dated 11 June 2007 and recorded 14 December 2007 as Reception No. 739330. 12. Terms, conditions, provisions, agreements and obligations specified under Resolution No. 2009-81, A Resolution Concerned With Approving the Planned Unit Development and Preliminary Plan for the TCI Lane Ranch PUD and Retracting and Replacing Resolution 2009-71 (in its entirety) In Order To Correct Scriveners Errors in the PUD Guide for the TCI Lane Ranch Planned Unit Development, dated 7 December 2009 and recorded 9 December 2009 as Reception No. T78758. 13. Terms, conditions, provisions, agreements and obligations specified under the Land Use Change Permit dated 9 February 2010 and recorded 10 February 2010 as Reception No. 781907, 14. Terms, conditions, provisions, agreements and obligations specified under the Land Use Change Permit recorded 21 May 2010 as Reception No. 786310. 15. Terms, conditions, provisions, agreements and obligations specified under Resolution No. 2010-57, A Resolution Concerned With the Approval of an Extension for the TCI Lane Ranch PUD Preliminary Plan Located East of Catherine Store and CR 100 on OId Highway 82, Garfield County, dated 19 July 2010 and recorded 4 August 2010 as Reception No. 789509. 16. Terms, conditions, provisions, agreements and obligations specified under Resolution 2010- 101, A Resolution of Approval For and Amendment to the TCI Lane Ranch Planned Unit Development To Remove the Designation of "Employee Units" From the Development Site Plan, dated 20 December 2010 and recorded 5 January 2011 as Reception No, 796752. 17. Terms, conditions, provisions, agreements and obligations specified under the Fencing Agreement dated 8 June 2012 and recorded 27 August 2012 as Reception No. 823180. 18. Terms, conditions, provisions, agreements and obligations specified under Resolution 2013- 58, A Resolution Concerned With the Approval of a Third Extension for the TCI Lane Ranch PUD Preliminary Plan, dated 3 September 2013 and recorded 4 September 2013 as Reception No. 840245; and under Resolution No. 2015-49, A Resolution Concerned With the Approval of a Fourth Extension for the TCI Lane Ranch PUD Preliminary Plan, dated8 September 2015 and recorded 9 September 2015 as Reception No. 867726. Page 3 of 6 893042 06/01/2017 10:35:44 AM Page 4 of 7 Jean Alberico, Garfield County, Colorado Rec Fee: $43.00 Doc Fee: $720.00 eRecorded SPECIAL WARRANTY DFFD TCI Lane Ranch, LLC to: Aspen Polo Partners, LLP Exhibit A Garfield County, Colorado 19. Terms, conditions, provisions, agreements and obligations specified under Resolution No. 2016-37, A Resolution of Approval for a Correction to Resolution No. 2010-101 Which Granted Approval for the Removal of "Employee Units" from the TCI Lane Ranch Development Site Plan, dated 2 May 2016 and recorded 3 May 2016 as Reception No. 876726. 20. Terms, conditions, provisions, agreements and obligations specified under Resolution No. 2016-59, A Resolution Concerned With the Approval of. a Fifth Extension for the TCI Lane Ranch PUD Preliminary Plan, dated 12 September 2016 and recorded 13 September 2016 as Reception No. 882266. 21. Any existing leases or tenancies, and any and all parties claiming by, through or under said lessees. 22. Right of way for ditches that traverse the property, as show on the ALTA/NSPS Land Title Survey, provided by High Country Engineering, Inc., dated March 16, 2017, as File 1701- ALTA.DWG. 23. Any loss or damage due to the fence lines nor coinciding with the property boundaries, as show on the ALTA/NSPS Land Title Survey, provided by High Country Engineering, Inc., dated March 16, 2017, as File 1701-ALTA,DWG. 24. Overhead Electric Line, as show on Page 2 of the ALTA/NSPS Land Title Survey, provided by High Country Engineering, Inc., dated March 16, 2017, as File 1701-ALTA.DWG, EXCEPT as limited above, the Grantor, covenants and agree to and with Grantee, to warrant the title of the above bargained premises in the quiet and peaceable possession of Grantee against all and every person or persons lawfully claiming or to claim the whole or any part thereof, by, through or under Grantor. IN WITNESS WHEREOF, the Grantor, has executed this deed on the date set forth above. TCI LANE RANCH, LLC, a Colorado limited liability company By: William N. Lane Trust dated July 30, 1969 FBO Andrew N. Lane, Member By: Atlant ic Trust Company, N. , o -Trustee By: (--/ /6.7 ent Nossaman, Jr., M. aging Director By; Andre -Trustee Page 4 of 6 893042 06/01/2017 10:35:44 AM Page 5 of 7 Jean Alberico, Garfield County, Colorado Rec Fee: $43.00 Doc Fee: $720.00 eRecorded SPECIAL WARRANTY DEED TCI Lane Ranch, LLC to: Aspen Polo Partners, LLP State of Colorado ) ) ss County of Denver ) Exhibit A Garfield County, Colorado The foregoing Special Warranty Deed was executed and acknowledged before me on 25th May 2017, by J. Kent Nossaman, Jr., Managing Director of Atlantic Trust Company, N.A., the Co -Trustee of the William N. Lane Trust dated July 30, 1969 FBO Andrew N. Lane, one of two Members of TCI Lane Ranch, LLC, a Colorado limited liability company. Witness my hand and official seal My commission expires: /2i(/€2©,3-"? c i4 /L c TIN ANOtarYPA, lie NOTARY PUBLIC ) STATE OF COLORADO ) ss NOTARY ID 20174007949 MY COMMISSION EXPIRES FEBRUARY 21, 2021 State of LQpy/�Ltf % County of The foregoing Special Warranty Deed was executed and acknowledged before me on 30_ May 2017, by Andrew N. Lane, Co -Trustee of the William N. Lane Trust dated July 3o, 1969 FBO Andrew N. Lane, one of two Members of TCI Lane Ranch, LLC, a Colorado limited liability ompany. Witness my hand and office sal. My commission expires: 7 '7 /7 ELIZABETH M. GAUGER NOTARY PUBLIC STATE OF COLORADO NOTARY ID # 19934008210 MY COMMISSION EXPIRES JULY 07, 2017 Not g') Public By: William N. Lane Trust dated July 30,1969 FBO Nelson P. Lane, Member By: Atlantic Trust Company, N. Co -Trustee By: �• JVent Nossaman, Jr., Mar(ging Director By: Nelson P. Lane, Co -Trustee State of Colorado ) ) ss County of Denver ) The foregoing Special Warranty Deed. was executed and acknowledged before me on 25th May 2017, by J. Kent Nossarnan, Jr., Managing Director of Atlantic Trust Company, N.A., the Co -Trustee of the William N. Lane Trust dated July 3o, 1969 FBO Nelson P. Lane, one of two Members of TCI Lane Ranch, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: .0.(7 � TINA M. PLUIM NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174007949 MY COMMISSION EXPIRES FEBRUARY 21, 2021 Notary Public Page 5 of 6 893042 06/01/2017 10:35:44 AM Page 6 of 7 Jean Alberico, Garfield County, Colorado Rec Fee: $43.00 Doc Fee: $720.00 eRecorded SPECIAL WARRANTY DEED Ta Lane Ranch, LLC to: Aspen Polo Partners, LLP Exhibit A Garfield County, Colorado State of Colorado ) ) ss a:minty of Denver ) The foregoing Spacial WarrantyDeed was c recited and artainvialdgerlbefirre me on 25thMay 2017, by J. Kent Nossaman,JL, Managing-Dirednraflikihmtin Trost dimpany, N.A., the Co-Thastee of the 'William N. Lane 'Must dated July 3o, 1969 PBO Andrew N.. 1.8711C,, cute of two Members of TCI Lane Ranch, ILC, a Colorado Bathed habiTity comparw. Witness my hand and official seal 0 0 . L. C. T4141414114114tablic NOTARY PULC State of ) STATE OF COLORADO ) SS PiellAIRY U147T916 County of ) Iff COMINISSIONI EXPIRES FEINURIALT 211 2221 The foregoing Special Womanly Deed was creatted and mknosalcdged before me on May 2017, by Andrew N. Lane, Co-Ttaanw of the Wiffiam N. Lane Must dated July 30.1969 FRO Andrew N. lane, UDC of tun Members of WI Lane Ranch, LLC„ a.QilIoHmitJiabffitainqny. Witness myband and official seal My commonexpires: Star of Colorado enunty II DENTON Notary Public By: WilEam N. Lane Trost dated July 3o, 1969 FRO Nelson P. Lane, Member By: Allirtie Trust Companwlallq„ Co -Trustee Br ging Dlinetro P. Lane, co -mus The foregoing Special' 1 Warranty Deed was - ®d adiznavdedged before me an 25th My 2017, by J. Kent Nassaman, Jr, Managing Directur afAtlanticTrustCampany, N.A-, the Co -Trustee uf the William N.. lane Trust dated -July 30,1969 FII0 Nelsen P.. Lane, ane aftwo Members of TCI Lane Rena, LLC, aQi1nr10 limited liability company. Itiritnesvn Triy hand wad nffirial seal ;* NolloyPobfie ITINA•IL PLUM, NOTARY PUBLIC STATE OF COLORADO Homo- nannarnvia in. cowaissopi Emma RUIRLIORT 211„ 211121 Page 5 of 6 893042 06/01/2017 10:35:44 AM Page 7 of 7 Jean Alberico, Garfield County, Colorado Rec Fee: $43.00 Doc Fee: $720.00 eRecorded Exhibit A SPECIAL WARRANTY DS® Geld County, Colorado, TCT Lane Ranch, LLC to: Aspen Polo Partners, LLP State of CP (p rado County 1 f Denver ) ss The 5$egaing Special Warranty Deed was ems, eT nr1 edgak me on 20- May 2017, by Nelson P. Lane, the Cb -Thane of the William N. Lane Trust dated July 30,1969 MO Nelson P. Lane, one aftwo Members of Tcl Lane Ranch, HE, a Colorado ' :'- i 1: Witness a49 hand and o4 thl aL Mycn��ne p </ /o26i?� AMANDA VIGIL NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20064026017 MY COMMISSION EXPIRES JUNE 28, 2018 NotzryPriblk Page 6 of 6 ppROARING FORK ENGINEERING ASPEN VALLEY POLO CLUB WATER DEMAND CALCULATIONS - ZONE 1 Job Name: Aspen Polo Club Water System Job Number: 2017-13 Date: 11/15/2017 By: AMR Line Parameter Value Unit Notes HORSE BARNS DAILY WATER DEMAND ADU Daily Demand (2 bedrooms) Persons per ADU Number of ADUs/Barn Number of Bams ADU Water Demand Number of Bathrooms per Barn Water Use per Bathroom Visit Number of Employees/Riders per Barn Number of Uses per Day/Person Number of Bams Bathroom Water Demand Number of Washing Machines per Barn Water Use per Washer Cycle Number of Bams Number of Uses per Day Washer Water Demand Number of Slop Sinks per Barn Water Use per Sink Visit Number of Bams Number of Uses per Day/Person Average Use Time Slop Sink Water Demand Number of Horses per Barn Water Use per Horse Number of Bams Horse Water Demand Number of 1/2" Hose Bibs/Bam Water Use per Hose Bib Number of Bams Number of Uses per Day Average Use Time Hose Bib Water Demand Number of Horse Washings Water Use per Horse Wash Number of Bams Number of Uses per Day Horse Washing Water Demand 75 gpcd 4 persons 1 adu 5 bams 1,500 gpd Water is sent to septic field 2 bathrooms 2 gpu 5 people 5 riders per barn (3 employees covered in ADU calcs) 3 uses 5 bams 150 gpd Water is sent to septic field 1 washer 31 gpu Washer - Speed Queen (AWN412) 5 bams 3 uses Blankets (24) get washed once per week (over 7 days) 471 gpd Water is sent to drywell 1 sink 3 gpm Faucet is restricted to 2.5 gpm (Federal Plumbing Standards) 5 bams 8 uses 4 minutes 400 gpd Water is sent to drywell 24 horses 11 gpd Horse drink 5-11 gallons per day typically 5 bams 1,320 gpd Drinking water for horses 4 hose bibs 8 gpm 5 bams 2 uses 4 minutes 1,280 gpd Water is sent to drywell/land applied (50/50) 1 horse wash 75 gpu 20 minutes is normal to bathe a horse & 75 gallons per horse 5 bams 5 uses Horses (24) get washed once per week (over 5 days) 1,875 gpd Water is sent to drywell Polo Field Water Demand Calcs_20171115 - Projected Flows_Ph1 Current Page 1 of 3 ppROARING FORK ENGINEERING MAINTENANCE BARN DAILY WNW DEMAND ADU Daily Demand (2 bedrooms) Persons per ADU Number of ADUs/Bam Number of Bams ADU Water Demand Number of Bathrooms per Barn Water Use per Bathroom Visit Number of Employees per Barn Number of Uses per Day/Person Bathroom Water Demand Number of 1/2" Hose Bibs Water Use per Hose Bib Number of Bams Number of Uses per Day Average Use Time Hose Bib Water Demand CABIN DAILY WATER DEMAND Per Cabin Daily Demand (2 bedrooms) Persons per Cabin Total Number of Cabins Cabin Water Demand 1SE DAILY WATER DEMAN Clubhouse Daily Demand (members) Number of Members Number of Guests (using amenities/facilities) Clubhouse Member Water Demand Clubhouse Daily Demand (employee) Number of Employees Clubhouse Employee Water Demand Clubhouse Event Guests Daily Demand Number of Event Guests (not using amenities/facilities Clubhouse Event Guests Water Demand Clubhouse Laundry Demand Number of Washing Machines Number of Washes per Day Clubhouse Washing Machine Water Demand Number of 1/2" Hose Bibs Water Use per Hose Bib Number of Uses per Day Average Use Time Hose Bib Water Demand Job Name: Aspen Polo Club Water System Job Number: 2017-13 Date: 11/15/2017 By: AMR 75 gpcd 4.0 persons 2 adu 1 bam 600 gpd Water is sent to septic field 1 bathrooms 2 gpu 8 people 3 uses 48 gpd Water is sent to septic field 3 hose bibs 8 gpm 5 bams 2 uses 4 minutes 960 gpd Water is sent to drywell/land applied (50/50) 75 gpcd 4.0 persons 4 cabins 1,200 gpd 30 gpd/member 50 members 10 guests 1,800 gpd Water is sent to septic field CDPHE Regulation 43 Water is sent to septic field 20 gpd/employee CDPHE Regulation 43 5 employee 100 gpd Water is sent to septic field 0 gpd/member Events will be catered. Bottled water and porta johns will be provided 90 guests 0 gpd 20 gpd/machine 1 machine 4 washes 80 gpd 3 hose bibs 8 gpm 2 uses 4 minutes 192 gpd CDPHE Regulation 43 Water is sent to septic field Water is land applied Polo Field Water Demand Calcs_20171115 - Projected Flows_Ph1 Current Page 2 of 3 ppROARING FORK ENGINEERING Job Name: Aspen Polo Club Water System Job Number: 2017-13 Date: 11/15/2017 By: AMR TOTAL DAILY WATER DEMAND Average Horse Barn Daily Demand 6,996 gpd Volume of Water Sent to Septic System 1,650 gpd Includes flow from ADUs and bathrooms Volume Sent to Drywell 3,386 gpd Water from sinks, hose bibs and horse washings Volume Land Applied 1,960 gpd Drinking water for horses Average Maintenance Barn Daily Demand 1,608 gpd Volume of Water Sent to Septic System 648 gpd Includes flow from ADUs and bathrooms Volume Sent to Drywell 480 gpd Water from hose bibs Volume Land Applied 480 gpd Average Cabin Daily Demand 1,200 gpd Volume of Water Sent to Septic System 1,200 gpd Average Clubhouse Daily Demand 2,172 gpd Volume of Water Sent to Septic System 1,980 gpd Volume Land Applied 192 gpd Water from hose bibs Total Average Daily Water Demand 11,976 gpd Total Volume of Water Sent to Septic System 5,478 gpd Total Volume Sent to Drywell 3,866 gpd Total Volume Land Applied 2,632 gpd WATER TREATMENT SYSTEM DESI Well Flowrate 30 gpm Well output is 60 gpm (split between Zones) Average Daily Demand 11,976 gpd Water Tank Size for Storage (minimum recommended 11,976 gal Water Tank Size for 2 Days of Storage 23,952 gal Maximum Daily Demand Ratio 2 unitless Maximum Daily Demand 23,952 gpd 17 gpm Peaking Hour Factor 7 unitless Based on population (small system) Peak Hour Demand 58.2 gpm 3,493 gal Peak flow one hour volume Fire Flow 50 gpm Per Carbondale Fire Chief Minimum Fire Flow Duration 20 min Minimum Pressure 50.0 psi Minimum Fire Flow Volume 1,000 gal Peak Hour Demand 58.2 gpm Max Day Demand + Required Fire Flow 66.6 gpm Distribution Pump Size 70.0 gpm Greater of peak hour demand and max day plus required fire flow User Defined Pump Size 70.0 gpm Number of Pumps 2 One for redundancy, two pumps minimum CALCULATE WELL PUMP RUNTIME Well Flowrate Average Daily Demand Well Pump Runtime Maximum Daily Demand Well Pump Runtime 25 gpm 8.0 hrs/day 16.0 hrs/day Sustained yield = 50-60 qpm. 50 gpm used since worse care (split between Zones) Polo Field Water Demand Calcs_20171115 - Projected Flows_Ph1 Current Page 3 of 3 ge ROARING FORK ENGINEERING ASPEN VALLEY POLO CLUB WATER DEMAND CALCULATIONS - ZONE 2 Job Name: Aspen Polo Club Water System Job Number: 2017-13 Date: 11/15/2017 By: AMR Line Parameter Value Unit Notes RESIDENTIAL AVERAGE DAILY WATER DEMAND Daily Demand per House Number of Houses Single Family Home Average Daily Water Demand 350 gpd 42 homes 14,700 gpd COMMUNITY CENTER RESIDENTIAL AVERAGE DAILY WATER DEMAND Number of Users Daily Demand per User Community Water Demand GREEN HOUSE AVERAGE DAILY WATER DEMAND Number of Slop Sinks Water Use per Sink Visit Number of Uses per Day Average Use Time Slop Sink Water Demand 50 users 10 gpd 500 gpd 1 sink 3 gpm 8 uses 4 minutes 80 gpd Metcalf and Eddy Average Residential Daily Demand Average Community Center Daily Demand Average Green House Daily Demand Total Average Daily Water Demand 14,700 gpd 10 gpm 500 gpd 0 gpm 80 gpd 0 gpm 15,280 gpd 11 gpm WATER TREATMENT SYSTEM DESIGN = Well Flowrate 30 gpm Average Daily Demand 15,280 gpd Water Tank Size for Storage (minimum recommender 15,280 gal Water Tank Size for 2 Days of Storage 30,560 gal Maximum Daily Demand Ratio 2 unitless Maximum Daily Demand 30,560 gpd 21 gpm Peaking Hour Factor 5 unitless Peak Hour Demand 53.1 gpm 3,183 gal Distribution Pump Size 60 gpm Number of Pumps 2 CALCULATE WELL PUMP RUNTIME Well Flowrate Average Daily Demand Well Pump Runtime Maximum Daily Demand Well Pump Runtime 25.0 gpm 10.2 hrs/day 20.4 hrs/day Well output is 60 gpm (split between Zones) Peak flow one hour volume One for redundancy, two pumps minimum Sustained yield = 50-60 gpm. 50 gpm used since worse care (split between Zones Polo Field Water Demand Calcs_20171115 - Projected Flows_Ph2_No ADUs Page 1 of 1 Water User : Aspen Polo Partners, LLC Analysis Date : November 16, 2017 District Area: A Source Series: 4 Maximum Demand: 60 0.134 (GPM) (CFS) BASALT WATER CONSERVANCY DISTRICT WATER REQUIREMENTS (acre feet) - Zone 1 and Zone 2 - Month Total Demand Consumptive Use (13) Source of Aug/Replace (1) (2) (3) (4) (5) (6) Domestic Commercial Pond In-house / Center Irrigation Evap Horses TOTAL (7) (8) (9) (10) (11) *(12) Domestic Commercial Pond In-house / Center Irrigation Evap. Livestock TOTAL January 1.655 0.648 0.008 0.065 0.126 2.502 0.248 0.097 0.008 0.065 0.126 0.598 GNM February 1.495 0.585 0.007 0.076 0.113 2.277 0.224 0.088 0.007 0.076 0.113 0.559 GNM March 1.655 0.648 0.008 0.120 0.126 2.556 0.248 0.097 0.008 0.120 0.126 0.658 GNM April 1.602 0.627 0.363 0.196 0.122 2.909 0.240 0.094 0.363 0.196 0.122 1.038 GNM May 1.655 0.648 0.008 0.261 0.126 2.698 0.248 0.097 0.008 0.261 0.126 0.814 GNM June 1.602 0.627 0.007 0.315 0.122 2.673 0.240 0.094 0.007 0.315 0.122 0.857 GNM July 1.655 0.648 0.008 0.326 0.126 2.763 0.248 0.097 0.008 0.326 0.126 0.885 GNM August 1.655 0.648 0.008 0.294 0.126 2.730 0.248 0.097 0.008 0.294 0.126 0.850 GNM September 1.602 0.627 0.007 0.218 0.122 2.575 0.240 0.094 0.007 0.218 0.122 0.749 GNM October 1.655 0.648 0.436 0.152 0.126 3.017 0.248 0.097 0.436 0.152 0.126 1.071 GNM November 1.602 0.627 0.007 0.087 0.122 2.445 0.240 0.094 0.007 0.087 0.122 0.605 GNM December 1.655 0.648 0.008 0.065 0.126 2.502 0.248 0.097 0.008 0.065 0.126 0.598 GNM TOTALS --> 19.488 7.632 0.874 2.175 1.479 31.647 2.923 1.145 0.874 2.175 1.479 9.282 Note: Irrigation includes emergency irrigation (April and October only) and Green House. * = Includes 10% transit losses. Water User : Aspen Polo Partners, LLP Analysis Date : November 16, 2017 District Area: A Source Series: 4 Maximum Demand: 60 0.134 (GPM) (CFS) BASALT WATER CONSERVANCY DISTRICT WATER REQUIREMENTS (acre feet) - Zone 1 - Month Total Demand Consumptive Use (14) Source of Aug/Replace (1) (2) (3) (4) (5) (6) Domestic Emergency Pond In-house Commercial Irrigation Evaporation Horses TOTAL (8) (9) (10) (11) (12) *(13) Domestic Emergency Pond In-house Commercial Irrigation Evaporation Horses TOTAL January 0.257 0.635 0.000 0.065 0.126 1.082 0.039 0.095 0.000 0.065 0.126 0.357 GNM February 0.232 0.573 0.000 0.076 0.113 0.995 0.035 0.086 0.000 0.076 0.113 0.341 GNM March 0.257 0.635 0.000 0.120 0.126 1.137 0.039 0.095 0.000 0.120 0.126 0.417 GNM April 0.249 0.614 0.355 0.196 0.122 1.535 0.037 0.092 0.284 0.196 0.122 0.804 GNM May 0.257 0.635 0.000 0.261 0.126 1.278 0.039 0.095 0.000 0.261 0.126 0.572 GNM June 0.249 0.614 0.000 0.315 0.122 1.300 0.037 0.092 0.000 0.315 0.122 0.623 GNM July 0.257 0.635 0.000 0.326 0.126 1.343 0.039 0.095 0.000 0.326 0.126 0.644 GNM August 0.257 0.635 0.000 0.294 0.126 1.311 0.039 0.095 0.000 0.294 0.126 0.608 GNM September 0.249 0.614 0.000 0.218 0.122 1.202 0.037 0.092 0.000 0.218 0.122 0.515 GNM October 0.257 0.635 0.429 0.152 0.126 1.598 0.039 0.095 0.343 0.152 0.126 0.830 GNM November 0.249 0.614 0.000 0.087 0.122 1.071 0.037 0.092 0.000 0.087 0.122 0.372 GNM December 0.257 0.635 0.000 0.065 0.126 1.082 0.039 0.095 0.000 0.065 0.126 0.357 GNM TOTALS --> 3.024 7.472 0.784 2.175 1.479 14.934 0.454 1.121 0.627 2.175 1.479 6.441 Assumptions (1) NUMBER OF RESIDENCES See domestic total/assumptions on Table 1 7.714 EQRs 3.024 AF (5) # of Horses @ 11 gals/day 120 (8) % CU for Domestic/Commercial 15 (2) Commercial/Other Demand (af) 7.472 See commercial total/assumptions on Table 1 AF (10) % Lawn Irrig. Efficiency Consumption of Irrig. (af/ac) 80 2.052 (3) Emergency Irrigation 168,000 square feet Lawn Application Rate (af/ac) 2.565 April and October Only (from surface ditches) Pond Evaporation 100 percent consumptive 100 (4) Pond Evaporation See Table 2 2.175 AF Elevation (feet) 6320 = Domestic Use *(13) Total Includes 5% Transit Loss 10% from Green Mtn. = Commercial Use Area A-4 Roaring Fork River Uniform Depletions from well(s) (No delayed effect) Irrigation from surface ditches (No delayed effect) Water User : Aspen Polo Partners, LLP Analysis Date : November 16, 2017 District Area: A Source Series: 4 Maximum Demand: 60 0.134 (GPM) (CFS) BASALT WATER CONSERVANCY DISTRICT WATER REQUIREMENTS (acre feet) - Zone 2 - Month Total Demand Consumptive Use (14) Source of Aug/Replace (1) (2) (3) (4) (5) (6) Domestic Comm. Green Pond In-house Center House Evap Horses TOTAL (8) (9) (10) (11) (12) *(13) Domestic Comm. Green Pond In-house Center House Evap Horses TOTAL January 1.398 0.014 0.008 0.000 0.000 1.419 0.210 0.002 0.008 0.000 0.000 0.241 GNM February 1.263 0.012 0.007 0.000 0.000 1.282 0.189 0.002 0.007 0.000 0.000 0.218 GNM March 1.398 0.014 0.008 0.000 0.000 1.419 0.210 0.002 0.008 0.000 0.000 0.241 GNM April 1.353 0.013 0.007 0.000 0.000 1.374 0.203 0.002 0.007 0.000 0.000 0.234 GNM May 1.398 0.014 0.008 0.000 0.000 1.419 0.210 0.002 0.008 0.000 0.000 0.241 GNM June 1.353 0.013 0.007 0.000 0.000 1.374 0.203 0.002 0.007 0.000 0.000 0.234 GNM July 1.398 0.014 0.008 0.000 0.000 1.419 0.210 0.002 0.008 0.000 0.000 0.241 GNM August 1.398 0.014 0.008 0.000 0.000 1.419 0.210 0.002 0.008 0.000 0.000 0.241 GNM September 1.353 0.013 0.007 0.000 0.000 1.374 0.203 0.002 0.007 0.000 0.000 0.234 GNM October 1.398 0.014 0.008 0.000 0.000 1.419 0.210 0.002 0.008 0.000 0.000 0.241 GNM November 1.353 0.013 0.007 0.000 0.000 1.374 0.203 0.002 0.007 0.000 0.000 0.234 GNM December 1.398 0.014 0.008 0.000 0.000 1.419 0.210 0.002 0.008 0.000 0.000 0.241 GNM TOTALS --> 16.464 0.160 0.090 0.000 0.000 16.713 2.470 0.024 0.090 0.000 0.000 2.841 Assumptions (1) NUMBER OF RESIDENCES # persons/residence # gallons/person/day 42.0 3.5 100 EQRs (5) # of Livestock @ 11 gals/day 0 (8) % CU for Domestic/Commercial 15 (2) Community Center 0.000 Average us is 50 users per day on weekends © 10 gpcd (10) % Green House Efficiency 100 (3) Green House = 80 gpd Pond Evaporation 100 percent consumptive 100 (4) Pond Evaporation Elevation (feet) 6320 = Domestic Use *(13) Total Includes 5% Transit Loss 10% from Green Mtn. = Commercial Use Area A-4 Roaring Fork River Uniform Depletions from well(s) (No delayed effect) TABLE 1 ASPEN POLO PARTNERS, LLP Facility Domestic / Commercial Demands from Roaring Fork Engineering (all values in AF unless otherwise noted) TOTAL = gpd 1.680 1,500 1.344 1,200 3.024 * weekends only equivalency See Roaring Fork Engineering Worksheets for additional detail. Aspen Polo Partners, LLC Calc.xls 4.678 4,176 1.801 1,608 0.417 0.576 372 1,800* 7.472 DOMESTIC COMMERCIAL Horse Horse Maintenance Clubhouse Month Barn Cabin Domestic Barn Barn Clubhouse Members / Commercial Domestic Domestic Total Commercial Commercial Commercial Guests Total January 0.143 0.114 0.257 0.397 0.153 0.035 0.049 0.635 February 0.129 0.103 0.232 0.359 0.138 0.032 0.044 0.573 March 0.143 0.114 0.257 0.397 0.153 0.035 0.049 0.635 April 0.138 0.110 0.249 0.384 0.148 0.034 0.047 0.614 May 0.143 0.114 0.257 0.397 0.153 0.035 0.049 0.635 June 0.138 0.110 0.249 0.384 0.148 0.034 0.047 0.614 July 0.143 0.114 0.257 0.397 0.153 0.035 0.049 0.635 August 0.143 0.114 0.257 0.397 0.153 0.035 0.049 0.635 September 0.138 0.110 0.249 0.384 0.148 0.034 0.047 0.614 October 0.143 0.114 0.257 0.397 0.153 0.035 0.049 0.635 November 0.138 0.110 0.249 0.384 0.148 0.034 0.047 0.614 December 0.143 0.114 0.257 0.397 0.153 0.035 0.049 0.635 TOTAL = gpd 1.680 1,500 1.344 1,200 3.024 * weekends only equivalency See Roaring Fork Engineering Worksheets for additional detail. Aspen Polo Partners, LLC Calc.xls 4.678 4,176 1.801 1,608 0.417 0.576 372 1,800* 7.472 TABLE 2 EVAPORATION CALCULATION - ASPEN POLO PARTNERS, LLP (1) (2) (3) (4) (5) Month SEO Monthly Distribution Gross Lake Evaporation Average Precipitation Effective Precipitation Net Evaporation Total Pond Evaporation (feet) (inches) (feet) (inches) (feet) (inches) (feet) (inches) (acre-feet) January 3.0% 0.11 1.35 0.09 1.06 0.00 0.00 0.11 1.35 0.065 February 3.5% 0.13 1.58 0.09 1.06 0.00 0.00 0.13 1.58 0.076 March 5.5% 0.21 2.48 0.10 1.14 0.00 0.00 0.21 2.48 0.120 April 9.0% 0.34 4.05 0.11 1.30 0.00 0.00 0.34 4.05 0.196 May 12.0% 0.45 5.40 0.12 1.46 0.00 0.00 0.45 5.40 0.261 June 14.5% 0.54 6.53 0.11 1.26 0.00 0.00 0.54 6.53 0.315 July 15.0% 0.56 6.75 0.13 1.57 0.00 0.00 0.56 6.75 0.326 August 13.5% 0.51 6.08 0.18 2.17 0.00 0.00 0.51 6.08 0.294 September 10.0% 0.38 4.50 0.16 1.89 0.00 0.00 0.38 4.50 0.218 October 7.0% 0.26 3.15 0.12 1.42 0.00 0.00 0.26 3.15 0.152 November 4.0% 0.15 1.80 0.10 1.14 0.00 0.00 0.15 1.80 0.087 December 3.0% 0.11 1.35 0.11 1.30 0.00 0.00 0.11 1.35 0.065 100.0% 3.75 45.00 1.40 16.77 0.00 0.00 3.75 45.00 2.175 (1) = Monthly distribution of gross annual evaporation rate in accordance with SEO General Criteria. (2) = Monthly precipitation from local weather station. (3) = Equal to 0 per State Policy No. 2004-3. (4) = Net Evaporation = Column (1) - Column (3) (5) = Column (4) x Open Water Surface Area (0.58 acres) x Column (4) in feet. Aspen Polo Partners, LLC Calc.xls CORONA WATER LAW Craig V. Corona, Esq. 420 E. Main St., Ste. 203 Aspen, CO 81611 (970) 948-6523 cc@ craigcoronalaw. corn October 2, 2017 Glenn Hartmann, Senior Planner Garfield County Community Development 108 8th St., Ste. 401 Glenwood Springs, CO 81601 Re: Aspen Valley Polo Club PUD Dear Glenn: This firm represents Aspen Polo Partners LLP in water rights matters related to their property formerly known as TCI Lane Ranch. Following is a description of the legal water supply for the Aspen Valley Polo Club PUD. This supply includes four senior well water rights decreed for domestic use. To serve the other non -irrigation uses to be made at the development, the developer will obtain an allotment contract from the Basalt Water Conservancy District for reservoir releases to cover any out of priority depletions. Water for irrigation will be provided from the developer's numerous ditch rights. Domestic / Commercial Supply. The developer owns the Oscar Cerise Well Nos. 1-4 water rights. These rights were decreed for domestic use in Garfield County District Court, Division 5 Water Court Case No. W-890. Copies of the decrees are attached with this letter. These four water rights have been diverted through the existing well on the property since the developer's predecessor owned the property. The existing well is located within the footprint of one of the planned polo fields. The developer intends to construct a new well on the property and divert the four well water rights through that well. This will provide legal domestic supply for four of the proposed living units. The developer will also use the well for domestic use in additional proposed living units, and uses other than domestic use, i.e. commercial barn uses and livestock watering, and, potentially, a small amount of lawn and landscaping irrigation. To provide legal supply for these additional uses, the developer will obtain a water allotment contract from the Basalt Water Conservancy District which will cover any out of priority depletions from such uses. The property is located within the Basalt District's Area A and is adjacent to the Roaring Fork River. Depletions from the well can easily be replaced with water released to the Roaring Fork Glenn Hartman, Senior Planner Garfield County Community Development River from the Basalt District's supplies. As such, there should be no difficulty obtaining such a water allotment contract. Irrigation Supply. The developer also owns the following water rights for irrigation of the majority of the property: 1. 0.75 cfs, Lower Ditch, Priority No. 23, decreed for irrigation use with an appropriation date of April 15, 1882. 2. 0.318 cfs, Basin Ditch, Priority No. 49, decreed for irrigation use with an appropriation date of October 20, 1882. 3. 1.67 cfs, Middle Ditch, Priority No. 83, decreed for irrigation use with an appropriation date of April 17, 1884. 4. 0.318 cfs, Basin Ditch, First Enlargement, Priority No. 108, decreed for irrigation use with an appropriation date of March 27, 1885. 5. 0.114 cfs, Basin Ditch, Ryan Enlargement, Priority No. 137, decreed for irrigation use with an appropriation date of March 25, 1886. 6. 2.11 cfs, Basin Ditch, Third Enlargement, Priority No. 294, decreed for irrigation use with an appropriation date of March 1, 1890. A copy of the deed for the water rights is attached with this letter. Water is available in priority in the Basin Ditch, Lower Ditch, and Middle Ditch throughout the irrigation season. All irrigation will be accomplished using these water rights. Based on the foregoing, with the existing water rights and a Basalt Water Conservancy District water allotment contract, the developer will be able to secure a legal water supply to provide for all of the needs of the currently proposed PUD. Thank you very much and please feel free to call me with any questions or concerns. Sincerely, Craig V. Corona IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 STATE OF COLORADO CASE NO. W- 8?0 IN THE MATTER OF THE ) APPLICATION FOR ) WATER RIGHTS OF OSCAR ) CERISE AND WILMA CERISE) IN THE ROARING FORK ) RIVER OR ITS TRIBUTARIES ) ) TRIBUTARY INVOLVED: ) ) IN GARFIELD COUNTY ) Weil No. 1. RULING OF ' HE REFFiRTIE E D IN WATER. COURT ABSOLUTE D z'*• 5 UNDER GRO ND WART ?IgHircs)2 TE AF :IL9RA17 WATER CLEPK And the Referee having made the investigati e--regrxied� by Article 21 of Chapter 148,.C.R.S. 1963, as amended make the following ruling, to wit: This application was referred to the Water Referee of Water Division No. 5 on the 27 thday of June , 1972. 1. Name of Applicant Oscar Cerise and Wilma Cerise Address R. R. 1, Carbondale, Colorado 2. The name of the structure is Oscar Cerise Well No. 1. 3. The Legal description of the structure is: The we'll located in the SANW of Section 32, T. 7 S., R. 87 W. of the 6th P.M. at a point whence the Witness Corner to the Northwest Cerner of said Section 32 bears N. 24°32' W. 2045.77 feet. 4. The depth of the well -is 50 feet. 5. The date of initiation of appropriation is July 28, 1969. 6. The amount of water claimed is 0.033 cubic foot per second of time. 7. The use of the water is domestic. 8. The State Engineer's number is none. 9. The Priority date is July 28, 1969. 10. The date of the application was June 20, 1972. It is the ruling of the Referee that the statements in the application are true and that the above described water right is approved and granted the indicated priority; subject, however, to all earlier priority rights of others. It is accordingly ordered that this ruling shall become effective upon filing with the Water Clerk, subject to Judicial review as provided by law. Done t the City of Glenwood Springs, Colorado this ZS day of e 197 Y i.10 protest was filed in this matte-. The foregoing ruling is confirmed and approved, and is made the Judgment and Decree of this court. Dated: Water Judge ater Referee Water Division. No. .5 State of Colorado IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 STATE OF COLORADO CASE NO. W- 829 Well IN THE MATTER OF THE ) APPLICATION FOR ) WATER RIGHTS OF Oscar ) Cerise & Wilma Cerise ) IN THE ROARING FORK ) RIVER OR ITS TRIBUTARIES ) ) TRIBUTARY INVOLVED: ) ) IN GARFIELD COUNTY ) FILED IN WATER COURT Division No. 5 i OCT 2 51972 t ATc OF C O ADO WATER CLERK RULING OF THE REFEREE ABSOLUTE DECREE FOR UNDER GROUND WATER RIGHTS And the Referee having made the investigations required by Article 21 of Chapter 148, C.R.S. 1963, as amended does hereby make the following ruling, to wit: This application was referred to the Water Referee of Water Division No. 5 on the 27th day of .Tr'tno Oscar Cerise and Wilma Cerise 1. Name of Applicant R. R. No. 1 Address Carbondale, Colorado 2. The name of the structure is Oscar Cerise Well No. 2. 3. The Legal description of the structure is : The well is located in the S{1/4NW1/4 of Section 32, T.7S., R.87W. of the 6th P.M. at a point whence the Witness Corner to the Northwest Corner of said Section 32 bears N. 22°32' W. 2186.59 feet. 4. The depth of the well is 60 feet. 5. The date of initiation of appropriation is May 22, 1962. 6. The amount of water claimed is ibt 0.033 cubic . foot per second of time.. 7. The use of the water is domestic. 8. The State Engineer's numberis none. 9. The Priority date is May22, 1962. 10. The date of the application was June 20, 1972. It is the ruling of the Referee that the statements in the application are true and that,.the above described water right is approved and granted the indicated priority; subject, however, to all earlier priority rights of others. It is accordingly ordered that this ruling shall become effective upon filing with the Water Clerk, subject to Judicial review as provided by law. Done at the City of Glenwood Springs, Colorado this z� day of 0rOR�0-,_- , 1972:: 170 protest was filed in this matter. The foregoing ruling is confirmed and approved, and is made the Judgment and Decree of this court. Dated: ( ' f 23 Alede ,mac! Wa er Judge a -r Referee Water Division No. 5 State of Colorado IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 STATE OF COLORADO CASE NO. W- 890 IN THE MATTER OF THE ) APPLICATION FOR ) WATER RIGHTS OF OSCAR ) CERISE & WILMA CERISE ) IN THE ROARING FORK ) RIVER OR ITS TRIBUTARIES ) ) TRIBUTARY INVOLVED: ) GARFIELD ) IN COUNTY ) FILED IN WATER COURT Division No. 5 0 CT 2 51972 Well NE OF Cj'LORAoo ,22 WATER CLERK RULING OF THE REFEREE EE ABSOLUTE DECREE FOR UNDER GROUND WATER RIGHTS And the Referee having made the investigations required by Article 21 of Chapter 148, C.R.S. 1963, as amended does hereby make the following ruling, to wit: This application was referred to the Water Referee of Water Division No. 5 on the 27 th day of June , 1977„• 1. Name of Applicant Oscar Cerise & Wilma Cerise Address Rural Route No. 1 Carbondale, Colorado 2. The name of the structure is Oscar Cerise Well No. 3. 3. The Legal description of the structure is: The well is located in the. SEkNE1/4 of Section 31, T. 7 S., R 87 W. of the 6th P.M. at a point whence the Witness Corner to the Northeast Corner of said Section 31 bears N. 17°100 W. 2136.75 feet. 4. The depth of the well is 40 feet. 5. The date of initiation of appropriation is 1883. 6. The amount of water claimed is 0.033 cubic foot per second of time. 7. The use of the water is domestic. 8. The State Engineer's number is none. 9. The Priority date is December 31, 1883. 10. The date of the application was June 20, 1972. It is the ruling of the Referee that the statements in the application are true and that the above described water right is approved and granted the indicated priority; subject, however, to all earlier priority rights of others. It is accordingly ordered that this ruling shall become effective upon filing with the Water Clerk, subject to Judicial review as provided by law. /� DoneAt the City of Glenwood Springs, Colorado this 2C'day of 7 / , 1977< Po protest was filed in this matte- The atteThe foregoing ruling is confirmed and approved, and is made the Judgment and Decree of this court. Dated: di 33 X913 .414z*klifitA/ Water Judge ater Referee Water Division No. 5 State of Colorado IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 STATE OF COLORADO CASE NO. w- 890 IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF Oscar, Cerise & Wilma Cerise IN THE Roaring Fork RIVER OR ITS TRIBUTARIES TRIBUTARY INVOLVED: IN GARFIELD COUNTY ) ) FILED IN WATER COURT Division No. 5 0CT2 51972 Well N "TE OFC OIZADO pi4.r.4 WATER CLERK RULING OF THE REFEREE ABSOLUT$ DECREE FOR UNDER GROUND WATER RIGHTS And the Referee having made the investigations required by Article 21 of Chapter 148, C.R.S. 1963, as amended does hereby make the following ruling, to wit: This application was referred to the Water Referee of Water Division No. 5 on the 27 thday of _June , 1972_. Oscar Cerise & Wilma Cerise R. R. No. 1 Carbondale, Colorado 2. The name of the structure is Oscar Cerise Well No. 4. 1. Name of Applicant Address 3. The Legal description of the structure is: The well is located in the SEkNE1/4 of Section 31, T. 7 S., R. 87 W. of the 6th P.M. at a point whence the Witness Corner for the Northeast Corner or said Section 31 bears, N. 12°23' W. 1966.06 feet. 4. The depth of the well is 40 feet. 5. The date of initiation of appropriation is 1884. 6. The amount of water claimed is 0.033 cubic foot per second of time. 7. The use of the water is domestic. 8. The State Engineer's number is None. 9. The Priority date is December 31, 1884. 10. The date of the application was June 20, 1972. It is the ruling of the Referee that the statements in the application are true and that the above described water right is approved and granted the indicated priority; subject, however, to all earlier priority rights of others. It is accordingly ordered that this ruling shall become effective upon filing with the Water Clerk, subject to Judicial review as provided by law. Done t the City of Glenwood Springs, Colorado this day of j �O�c�z , 1971: ITo protest 'was filed in this matter. The foregoing ruling is confirmed an. approved, and is made the Judgment and Decree of this court. ter Referee Water Division. No. 5 State of Colorado 893043 06/01/2017 10:35:44 AM Page 1 of 8 Jean Alberico, Garfield County, Colorado Rec Fee: $48.00 Doc Fee: $0.00 eRecorded BARGAIN AND SALE DEED AND ASSIGNMENT WATER RIGHTS TCI Lane Ranch, LLC, a Colorado limited liability company, whose street address is 401 Tree Farm Dr., Carbondale, Garfield County, Colorado 81623, ("Grantor"), for the consideration of ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby sells, conveys and assigns to AspenPolo Partners, LLP, a Colorado limited liability partnership whose street address is 750 Park of Commerce Drive, Suite 200, Boca Raton, Palm Beach County, Florida 33487 ("Grantee"), the following 'real and personal property in the County of Garfield and State of Colorado, to wit: All of Grantor's right, title and interest, if any, in and to any and all water and water rights, wells and well rights, ditches and ditch rights whether decreed or undecreed, provided by contract, permit, or otherwise that are appurtenant to, used on or in connection with the property described onExhibit A attached hereto, and all canals, ditches, laterals, headgates, springs, ponds, reservoirs, water allotments, water shares and stock certificates, contracts for the provision of water, and easements and rights of way associated with such and any and all other personal property associated and/or used in connection therewith, including, without limitation, the following described real and personal property: 1. All of Grantor's one-half (1/2) interest in 1.5 cubic feet of water per second of time (hereinafter "cfs"), absolute by original construction, decreed for diversion of water from the Roaring Fork River in the Lower Ditch, Priority No, 23, said one-half (1/2) interest being 0.75 cfs for irrigation use with an appropriation date of April 15, 1882. 2. All of Grantor's 44.5% of one seventh (1/7) interest in the 5.0 cfs, absolute by original construction, decreed for the diversion of water from the Roaring Fork River in the Basin Ditch, Priority No. 49, said 44.5% of a one-seventh (1/7) interest being 0.318 cfs, for irrigation use with an appropriation date of October 20, 1882. 3. All of Grantor's one-third (1/3) interest in the 5.0 cfs, absolute by original construction, decreed for the diversion of water from the Roaring Fork River in the Middle Ditch, Priority No. 83, said one-third (1/3) interest being 1.67 cfs, for irrigation use with an. appropriation date of April 17, 1884. 4. All of Grantor's 44.5% of one-seventh (1/7) interest in the 5.0 cfs, absolute by enlargement, at decreed for the diversion of water from the Roaring Fork River in the Basin Ditch, First Enlargement, Priority No. 108, said 44.5% of a one-seventh (1/7) interest being 0.318 cfs, i; for irrigation use with an appropriation date of March 27, 1885. ') 5, All of Grantor's 44.5% of one-seventh (1/7) interest in the 1.8 cfs, absolute by second enlargement, decreed for the diversion of water from the Roaring Fork River in the Basin Ditch, Ryan Enlargement, Priority No. 137, said 44.5% of a one-seventh (1/7) interest being 0.114 cfs, for irrigation use with an appropriation date of March 25, 1886. 893043 06/01/2017 10:35:44 AM Page 2 of 8 Jean Alberico, Garfield County, Colorado Rec Fee: $48.00 Doc Fee: $0.00 eRecorded . Bargain & Sale Deed and Assignment Page 2 of 6 6. All of Grantor's 44.5% of one-seventh (1/7) interest in the 33.2 cfs, absolute, decreed for the diversion of water from the Roaring Fork River in the Basin Ditch, Third Enlargement, Priority No. 294, said 44.5% of a one- seventh (1/7) interest being 2.11 cfs, for irrigation use with an appropriation date of March 1, 1890. 7. All of Grantor's one-half (1/2) interest in 3.0 cfs, absolute, decreed for the diversion of water from Blue Creek in the C. C, Cerise - Gilligan Ditch, with an associated consumptive use of 0.033 cfs pursuant to the final decree entered by the District Court, Water Division No. 5, State of Colorado on August 31, 1992 in Case No. 90CW196, said one-half (1/2) interest being 1.5 cfs, for livestock watering use with an appropriation date of February 20, 1988. 8. Grantor's entire interest in 0.033 cfs, absolute, for the diversion of tributary groundwater at the Oscar Cerise Well No.1 for domestic purposes pursuant to the final decree entered by the District Court, Water Division No. 5, State of Colorado on January 5, 1973 in Case No. W-890, with an appropriation date of July 28, 1969. 9. Grantor's entire interest in 0.033 cfs, absolute, decreed for the diversion of tributary groundwater at the Oscar Cease Well No.2 for domestic purposes pursuant to the final decree entered by the District Court, Water Division No.5, State of Colorado on January 5, 1973 in Case No. W-890, with an appropriation date of May 22, 1962. 10, Grantor's entire interest in 0.033 cfs, absolute, decreed for the diversion of tributary groundwater at the Oscar Cerise Well No,3 for domestic purposes pursuant to the final decree entered by the District Court, Water Division No. 5, State of Colorado on January 5, 1973 in Case No. W-890, with an appropriation date of December 31, 1883. 11. Grantor's entire interest in 0.033 cfs, absolute, decreed for the diversion of tributary groundwater at the Oscar Cerise Well No.4 for domestic purposes pursuant to the final decree entered by the District Court, Water Division No. 5, State of Colorado on January 5, 1973 in Case No. W-890, with an appropriation date of December 31, 1884. 12. Grantor's entire interest in 583 shares of stock in the Basin Ditch Company, with all appurtenances. [Signature's 017 following page] 893043 06/01/2017 10:35:44 AM Page 3 of 8 Jean Alberico, Garfield County, Colorado Rec Fee: $48.0.0 Doc Fee: $0.00 eRecorded Bargain & Sale Deed and Assignment Page 3 of 6 Signed this 25th day of May , 2017. GRANTOR TCI LANE RANCH, LLC, a Colorado limited liability company By: William N. Lane Trust dated July 30, 1969 FBO Andrew N. Lane, Member By: Atlantic Trust Company, N.A., Co -Trustee By: do ent Nossaman, Jr., aging Director By: Andrew . L e, Co -Trustee By: William N. Lane Trust dated July 30, 1969 FBO Nelson P. Lane, Member By: Atlantic Trust Company, N.A., Co -Trustee By: ent Nossaman, Jr., M aging Director By: Nelson P. Lane, Co -Trustee [This space intentionally left blank] 893043 06/01/2017 10:35:44 AM Page 4 of 8 Jean Alberico, Garfield County, Colorado Rec Fee: $48.00 Doc Fee: $0.00 eRecorded Bargain & Sale Deed and Assignment Page 3 of 6 Signed this 25th day of May , 2017. GRANTOR T11 LANE RANCH, LLC, a Colorado Smiled liability company Bl►: Lam Trust dated hily 30, 1969 FRO Andrew N Lane, Member By: Admiic Trust Company, N.A., Co -Trustee By: Andrew N Lane,, Ce-Tustee By Wliam N Lane Trust did July 30, •2969 FBO NelaanP. Lane, Member By: Atlanic must C 6 • t.S i.,• 1 , NA., Co -Trustee +' Jr., licbtag.Mg Dingier [jai .space intentionally bfranikJ 893043 06/01/2017 10:35:44 AM Page 5 of 8 Jean Alberico, Garfield County, Colorado Rec Fee: $48.00 Doc Fee: $0.00 eRecorded Bargain & Sale Deed and Assignment Page 4 of 6 COUNTY OF Denver ) ) STATE OF Colorado ) The foregoing instrument was acknowledged before me this 25 day. of May , 2017 by J. Kent Nossaman, Jr., Managing Director of Atlantic Trust Company, N.A. in its capacity as Co -Trustee of the William N. Lane Trust dated July 30, 1969 FBO Andrew N. Lane which trust is a member of TCI Lane Ranch, LLC, WITNESS my hand and official seal. • My commission expires: COTJNT'Y OF 6-4eith) STATE OF ) ) ) TINA M. PLUIM NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174007949 MY COMMISSION EXPIRES FEBRUARY 21, 2021 The foregoing instrument was acknowledged before me this day of, 2017 by Andrew N. Lane in his capacity as Co -Trustee of the William N. Lane Trust date July 30, 1969 FBO Andrew N. Lane which trust is a member of TCI Lane Ranch, LLC. WITNESS my hand and official seal. ' My commission expires: 7 7 t J f7 Li COMMISSION EXPIRES JULY 07, 2017ELIZABETH M. GAUGER NOTARY PUBLIC STATE OF COLORADO NOTARY ID # 19934008210 MY COMMISSION EXPIRES JULY 07, 2017 [This space intentionally left blank] 893043 06/01/2017 10:35:44 AM Page 6 of 8 Jean Alberico, Garfield County, Colorado Rec Fee: $48.00 Doc Fee: $0.00 eRecorded Bargain. & Sale Deed and Assignment Page 5 of 6 COUNTY OF Denver ) ) STATE OF Colorado ) The foregoing instrument was acknowledged before me this 25 day of May , 2017 by J. Kent Nossaman, Jr., Managing Director of Atlantic Trust Company, N.A. in its capacity as Co -Trustee of the William N. Lane Trust dated July 30, 1969 FBO Nelson P. Lane, which trust is a member of TCI Lane Ranch, LLC. WITNESS my handand official seal. My commission expires: COUNTY OF ) ) STATE OF ) TINA M. PLUIM NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174007949 MY COMMISSION EXPIRES FEBRUARY 21, 2021 Notary Public x.? The foregoing instrument was acknowledged before me this _ day of , 2017 by Nelson P. Lane in his capacity as Co -Trustee of the William N. Lane Trust dated July 30, 1969 FBO Nelson P. Lane which trust is a member of TCI Lane Ranch, LLC. WITNESS my hand and official seal. My commission expires: Notary Public 893043 06/01/2017 10:35:44 AM Page 7 of 8 Jean Alberico, Garfield County, Colorado Rec Fee: $48.00 Doc Fee: $0.00 eRecorded Bargain & Sale Deed and Assignment Page 5 of 6 COUNTY OF Denver STATE OF Colorado ) ) ) The foregoing instrument was acknowledged before medals 25 day of May , 2017 by J. Kent Nossaman, Jr., Managing Director of Atlardic Trust Company, N.A. inks capacity as Co -Trustee of the William N. Lane Trust dated July 30,1969 11130 Namur., Lane, which trust is a member of MI Lane Ranch, LLC. WITNESS my hand and official seaL My commission expire' COUNTY OF 'DCA ref ) ) ) _STATE OF CD1 ro_do 11NA:M. PLUM :NOTARY PUBLIC STATE COLORADO 11131FARCIED2N74=019116 MY COUNISBOM EUMBES FEBRUARY 21 2021 A•••• — ,• Notary Public ,akt" The finegoing instrument was acknowledged before me this day of al 2017 by Nelsen R Lane in his cape* as Co -Trustee of11x William: N. .Lane Trust datcd Ady 30, 1969 FBO Nelson P. Lane which trust is a member of Ta Lane Ranch, LLC. WITNESS nw hand and official seaL My common cqpre: 6/c7c,2C AMANDA VIGIL NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20084025017 MY COMMISSION EXPIRES JUNE 28, 2018 893043 06/01/2017 10:35:44 AM Page 8 of 8 Jean Alberico, Garfield County, Colorado Rec Fee: $48.00 Doc Fee: $0.00 eRecorded Commitment No.: 17003690 First American Title Insurance Co. EXHIBIT A PROPERTY DESCRfPTION The land referred to in this Commitment is described as follows: A tract of land situated in Lots 8, 9, and 10 of Section 31 and in Lots 5 and 13 of Section 32, all in Township 7 South, Range 87 West of the 6th Principal Meridian, Garfield County, Colorado, Tying Southerly of and adjacent to the Southerly right of way line of Old State Highway 82 and being more particularly described as follows: Beginning at a point on said Southerly right of way line whence a stone found In place for the witness corner to the Northeast corner of said section 31 bears N 26 degrees 00' 43" E 1433.52 feet; thence S 79 degrees 58' 52" E 2125.37 feet along said Southerly right of way line to the Northwest corner of a parcel of land described in Book 1013 at Page 423 of the records of the Garfield County Clerk and Recorder; thence along the Westerly boundary line of said parcel on the following two (2) courses: S 04 degrees 55' 00" W 461.90 feet; thence S 01 degrees 00' 00" E 861.25 feet to a point on the Northerly right of way line of the Roaring Fork Transit Authority Railroad right of way; thence 169.57 feet along said Northerly railroad right of way line on the arc of a 1565.69 foot radius curve to the left, the chord of which bears S 54 degrees 32' 43" W 169.49 feet to a point on the Southerly boundary line of said Lot 13; thence N 89 degrees 54' 14" W 651,37 feet along the Southerly boundary line of said Lot 13 to the Northeast corner of said Lot 10; thence S 00 degrees 10' 37" E 354.80 feet along the Easterly boundary line of said Lot 10 to a point in the center of the Roaring Fork River; thence along the center of said Roaring Fork River on the following seven (7) courses: S 86 degrees 53' 04" W 294,14 feet; thence S 85 degrees 32' 23" W 117.60 feet; thence S 78 degrees 29' 25" W 123.94 feet; thence S 89 degrees 17' 47" W 118.54 feet; thence S 67 degrees 42' 27" W 386.40 feet; thence 8 62 degrees 48' 18" W 124.67 feet; thence S 57 degrees 58' 42" W 235.29 feet to a point on the Easterly boundary line of Blue Creek Ranch recorded as Reception No. 623535 in the records of the Garfield County Clerk and Recorder; thence along the Easterly boundary line of said Blue Creek Ranch on the following three (3) courses: N 00 degrees 10' 37" W 736.64 feet; thence N 89 degrees 54' 14" W 231.46 feet; thence N 00 degrees 02' 13" W 1677.90 feet to the Southwest corner of a parcel of land described in Book 333 at Page 511 of the Garfield County records; thence S 79 degrees 52' 12" E 278,00 feet along the Southerly boundary line of the parcel described in said Book 333 at Page 511 to the Southeast corner of said parcel; thence N 00 degrees 02' 13" W 156.69 feet along the Easterly boundary line of said parcel to the point of beginning; Garfield County, Colorado. ALTA Commitment 17003690 Exhibit A COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST., Ste 821, DENVER CO 80203 Phone: (303) 866-3581 Fax: (303) 866-2223 dwrpermitsoniineAstate.co.us Office Use Only Form GWS-46 (1112011) MONITORING/OBSERVATION Water Well Permit Application Review instructions on reverse side prior to completing form. The form must be typed, completed online or in black or blue ink. 1. Well Owner Information Name of well owner Aspen Polo Partners LLP 6. Use Of Well Use of this well is limited to monitoring water levels and/or water quality sampling Mailing address 715 West Main St. Ste 201 7. Well Data (proposed) Total depth 50 feet Aquifer Roaring Fork Alluvium City Aspen State Co Zip code 81611 8. Consultant Information (if applicable) Telephone# E-Mail (Iffiling online itisrequired) Name of contact person 2. Type Of Application (check applicable boxes) o Use existing well 0 Replacement J Construct new well Permit ❑ Other: for existing monitoring well: no.: company name Mailing address 3. Refer To (if applicable) City State Zip Code Monitoring hole acknowledgment MH- Wet name or ft Telephone# 4. Location Of Proposed Well (Important! See Instructions) County Garfeild SE 1/4 of the NE 1/4 9. Proposed Well Driller License #(optional): 1 0 9 5 10. Name of Well Owner or Authorized Agent Section 31 Township 7 N orS E. ;%;, - Range 87 5 or W i • fX. E. ' Principal Meridian 6th The making of false statements herein constitutes perjury in the second degree, which is punishable as a class 1 misdemeanor pursuant to C.R.S. 24-4-104 (13)(a). I have read the statements herein, know the contents thereof and state that t ey a true to my knowledge. Distance of well from section lines section lines are typically not property Ines) Ft. from N g : S Ft from L -: E j , W Sign or enter full name here C r Date(mm//dd/yyyy) 1110117 For replacement wells only — distance and direction from old well to new well feet direction If signing print name. Print title if other an land owner. Well location address (Include City, State, Zip) 0 Check if well address is same as Item 1. Office Use Only Optional: GPS well location information in UTM format You must check GPS unit for required settings as follows: USGS map name DWR map no. Surface elev. Format must be UTM IT Zone 12 ar1.' Zone 13 Eastin g 6.2.3 Receipt area only Units must be Meters Datum must be NAD83 Northing 6.2.3 Unit must be set to true north Was GPS unit checked for above? 0 YES Remember to set Datum to NAD83 5. Property Owner Information Name of property owner Aspen Polo Partners LLP Mailing address 715 West Main St. Ste 201 DIV WO BA MD City Aspen State Co Zip Code 81611 Telephone # COLORADO DIVISION OF WATER RESOURCES GWS -46 MONINST (11/2011) DEPARTMENT OF NATURAL RESOURCES MONITORING/OBSERVATION WELL PERMIT APPLICATION INSTRUCTIONS Applications must be computer generated on-line, typewritten or printed in BLACK or BLUE INK. ALL ITEMS in the application must be completed. Incomplete applications may be returned for more information. Applications are evaluated in chronological order. Please allow approximately six weeks for processing. This form may be reproduced by photocopying or computer generation. Reproductions must retain margins and print quality of the original form. If filing online, see online filing instructions for further information. You may also save, print, scan and email the completed form to: cdwrpe igijtsoni ne( 3sta_e.co .!s FEES: This application must be submitted with a $100 filing fee. (The fee for an application to replace or deepen an existing permitted monitoring/observation well is $100 for locations outside Designated Ground Water Basins, and $60 inside Designated Ground Water Basins.) Acceptable forms of payment are check or money order, payable to the "Colorado Division of Water Resources." Payments made by Visa, MasterCard or Discover card can be accepted by phone through the Records Section at 303.866.3581. Fees are nonrefundable. USES: This form (GWS -46) is to be used when applying for a permit where the only uses are monitoring of water levels and/or water quality sampling. For well construction criteria refer to the Colorado Water Well Construction Rules, 2CCR 402-2. A copy of the Rules may be obtained from any Division of Water Resources Office for a fee of $5, or you may access them online from the State Board of Examiners' (BOE) website at htto://water_state.co.us/dwripub/documents/constructionrules05.r df ITEM INSTRUCTIONS: (numbers correspond with those on the front of this form 1. Provide the name of the well owner and the mailing address where all correspondence will be sent. 2. Check and complete all boxes that apply. 3. Provide the MH number assigned by the Division of Water Resources in response to the notice of intent to construct a monitoring/observation well. Complete the well name if the structure has a name or identifying number. 4. If applying for a permit to construct a new well, you must provide the county, section #, township, range and principal meridian. You do not need to provide the 1/4 of the 1/4 section designation, distances from section lines or an optional GPS location (UTM coordinates). If a permit is issued and a well constructed, the authorized individual will be required to provide an accurate GPS location (UTM coordinates) of the "as -built" well location. If applying for a permit to use an existing well you must provide the well location information stated above, as well as either a GPS location (UTM coordinates) of the existing well site, or distances from section lines (including the% of the 1/4 section designation) as follows: In a typical case, a township is comprised of 36 sections, with each section ideally one mile square, or 5,280 feet on each side. Sections are further divided into quarter sections. Each Section is 2,640 feet by 2,640 feet and comprises 160 acres. Each %4 section can be further divided into additional quarters. Each '%4 of the 1/4 Section is 1,320 feet by 1,320 feet and comprises 40 acres. The distances are measured from the section lines. In the following example, the well is located 2,500 feet from the South Section line and 1,400 feet from the East Section line: Nab Se*n IJne -A- 52 0 5290 ft A 1 T 2640 ft 1320 ft i NW1/4 SW1/4 NE1/4 NW1/4 SE1/4 SW1/4 5E114 8onlh Section l ne If providing a GPS location (UTM coordinates), the required GPS unit settings must be as indicated on this form. Colorado contains two UTM zones (12 & 13). Zone 13 covers most of Colorado. The boundarbetween Zone 12 and Zone 13 is the 108th Meridian (longitude). West of the 108th Meridian is UTM Zone 12 and east of the 108th Meridian is UTM Zone 13. The 108th Meridian is approximately 57 miles east of the Colorado -Utah state line. On most GPS units, the UTM zone is given as part of the Easting measurement, e.g. 12T0123456. Check the appropriate box for the zone, Provide the property address of the well location if one exists. If it is the same as the mailing address, check the box next to the well location address. 5. Provide property owner information. 6. Use of this well is limited to monitoring water levels and/or water quality sampling only. T The actual or anticipated total depth must be provided. Provide the name of the aquifer in which the well will be completed. 8. Provide consultant information (if applicable). Note: A consultant may sign this application on behalf of their client. 9. Monitoring/observation wells must be constructed by a Colorado licensed well construction contractor or authorized individual, as defined in the Well Construction Rules, 2CCR 402-2. Only a licensed contractor may construct any monitoring/observation well that penetrates a confining layer, or, is to be converted into a future production well. The well must be constructed in compliance with the Well Construction Rules, unless a variance has been approved allowing an alternative construction design. 10. The individual signing the application or entering their name (and title if applicable) must be the applicant or an officer of the corporation/company/agency identified as the applicant, their attorney or consultant. An authorized agent may also sign the application, if a letter signed by the applicant or their attorney is submitted with the application authorizing that agent to sign or enter their name on the applicant's behalf. Payment must be received via phone, fax or mail prior to processing the application. if filing onfine please call the Records Section at 303.866.3581 to pay via credit card. IF YOU HAVE ANY QUESTIONS regarding any item on the application form, please call the Division of Water Resources Ground Water Information Desk (303-866-3587), or the nearest Division of Water Resources Field Office located in Greeley (970-352-8712), Pueblo (719-542-3368), Alamosa (719-589-6683), Montrose (970-249-6622), Glenwood Springs (970-945-5665), Steamboat Springs (970-879- 0272), or Durango (970-247-1845), or refer to CDWR web site at htto://www.waterstataccLus for general information. m Well Location Example: NW1/4 of the SE1/4 of Section 3, being 2500 feet from the South Section Line and 1400 feet from the East Section Line.